HomeMy WebLinkAbout2002-03-13 CC Packet
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My name is Gerald Lindner, and I live at 7413 Peltier Lake Drive. I am a lakeshore
owner on Peltier Lake, and I am representing myself.
Thank you for the opportunity .to speak.
Please make decision with Facts-
I. Previous meetings-
Lake Association Proposals for bog poles and angled line 100 feet south of island.
II. Facts about Peltier Lake-
Boils down to two concerns:
Herons
Aquatic Habitat
Northern end because of possible filtering effect
A. Herons:
Eagles already back and roosting (picture taken 3/23/02)
300 rn (984.2 ft) buffer zone already given by bog pole location:
Island already has 1000 ft (304.8m) buffer south of nesting area
This exist when herons were at nested peak in 1997 @113 7 nests
If more stringent controls are needed, utilize the bog poles and
attach some sunshine clause for critical nesting time (Aprill---July
15) of the herons as seen in the attached picture of the sign placed
on the island approximately March 1,2002.
B. Aquatic Habitat and water quality:
a. State two different lakes--
Aerial picture shows two different lakes:
Dark color water and green color water separated by bog poles line.
Answers not known yet but intuitively there is importance submerged
aquatic vegetation north of bog poles.
1. RCWD conducted a study costing $90,000 that was initiated in
1990. This study has a tremendous amount of information from
the first early settlers and their battles with the various Indian
tribes in the 1600's to all of the chernicalloading ofCenterville
and Peltier lake including charts, graphs, and tables and how it
relates to algae blooms and water quality.
2. Study still ongoing and gathering data to pinpoint cause of
Phosphorus loading of Peltier.
3. Main phosphorus loading is coming from Hardwood creek:
2002-will do more sampling along Hardwood Creek
to pinpoint area of heaviest loading.
4. More evaluation about northern end will take place this next year
to determine quality of northern end water. Determining how
beneficial is it, and can it support aquatic and fish habitat? And
what can we do to improve it if it is failing in its present state.
III. Proposed IdeaslPlan for Improved Water Quality:
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A list of ideas was tabulated from several lake association members, which complement
the RCWD plan (note because of short notice we have not had time to meet and
formally endorse these ideas):
1. Earth day cleanup,
2. Continue commercial harvesting of Curly LeafPondweed and Milfoil, to decrease
exotics and enable native aquatics to be established,
3. Prohibit chemical use all around lake,
4. Stenciling of city street drains to prevent oil, gas, and other contaminants from
being dumped into drains,
5. Request from City to put up signs along northeast side of Peltier to prohibit garbage
dumping,
6. Begin shoreline-landscaping management to install native aquatic plants in as many
areas as possible around lake to improve water quality (one of the goals of RCWD
plan), and fish habitat.
The Lake Association cannot proceed with these ideas without help from the Lino
Lakes and Centerville. We need your assistance to allow the lake association to work
together to maintain and improve aquatic habitat, recreation, fishing, and improved
water quality. Please do not cut our lake in half.
The Lake Association voted unanimously on March 4 to have the "no wake" go straight
across at the bog poles.
IV. Costs
Cost of no-wake buoys-at a minimum it is $250 (up to $1000) for ONE No wake
buoy and anchor system. Total cost for 7 would be $2000--$7000. Liability involved
with these buoys in the middle of the lake-who is paying for insurance?
V. Questions: Step Back and Look at Situation:
1. What has Ordinance done:
i. Split Lake essentially in half-my triangulation calculations reduced
recreational area to 235 acres--original483 acres. Setting up the lake
for failure.
ii. Tearing what was previously close knit group oflake association
members now into two halves.
iii. Put in ordinance that is going to require constant surveillance and
monitoring at what expense?
iv. Even though natural buffer exists all around island, opportunity to use
natural buffer (bog poles) that is 500 ft long and this was agreed to by
all of the experts after the Lino Lakes work session on March 6, why
are we going with a Y, mile long line to enforce instead?
v. Herons flourished during 1997 with existing bog pole barrier, why do
we need to add a different line 1900 feet south?
vi. What happened to the democracy that this country was formed on?
vii. All these people are talking about this proposal, what about the
lakeshore owners who pay almost double in property taxes to live on
the lake? Why is our voice not important?
viii. Why are others who never live on or use the lake restricting our
recreational use?
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ix. I teach my children in my fourth grade religion class that we need to
avoid conflict, forgive, and compromise for the common good of all.
Where are these attributes reflected in this proposal?
x. I am at a loss; please help me to understand the rational behind this
proposal, which cuts the lake in half.
VI. Conclusion
As an example of another lake association that has compromised, Lake Owasso Lake
Association has been a pilot program for maintaining and improving their lake for
aquatic habitat and balancing recreational use for many years. We cannot control
Mother Nature, but we can work together to complement nature. These ideas work.
Please give our Lake Association a chance. We live on the lake and have to abide by
this ordinance 24 hours a day 365 days a year.
The decision should not be based on anyone's personal feelings, but pertinent data and
facts. The ordinance should be practical, enforceable, and economical.
We cannot do it without your help.
Please rethink your conclusions and look at the possibility of putting the "NO-Wake"
Zone at the Bog Poles.
Thank you.
Jerry Lindner
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MI'tl-26-2002 15: 04
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CITY OF LI~ LAKES
651 982 2499
P.02/05
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Anoka County
Department of Parks and Recreation
SSO BUIlI:er Yke llouhovard NW . Andov.r, Minnesota 55304
Telephone (763) 75'"3920 . FAX (763) HS.023O
10M K. VallO.Unde
Director
March 25, 2002
Marty Asleson
Environmental Coordinator
Oty of Uno Lakes
600 Town Center Parkway
Uno Lakes, MN 55014
Re: Anoka COunty's Revised RetX:lmmendatlon for GeographIcal Placement of the Proposed
"Slow/No Wake ZOne" Boundary Une on F'eltJer Lake
Dear Mr. Asleson,
Based on a comprehenSive review and analysis of scientific literature and considering the public
testimony provided at lt1e variOUs City COuncil Work Sessions and Public Hearings, the Anoka
COunty Parks and Recreation Department is submitting the following revised recommendation,
In the way of three (3) alternatives, to the City of Uno Lakes and CIty of Centerville regarding
the geographical placement of the proposed 'Slow/No Wake Zone" boundary line on the north
end of Peltier La~:
1st Choice. All:l!mative #1 !Yellow Une1
A No-Wake Zone over aU that part of Peltier Lake lyins northerly of the following described
line:
Commencing at the ilOUthWest corner of the Southeast Quarter of Section 10, Township
31, Ra.'lge 22, Anoka County, Minnesota; thence North 89 degrees ~4 minutes 46 seconds
East alona the south line or sald Southeast Quarter 21015.64 feet to a witness corner on the
south line of Government Lot 1, Section 10, Township 31, Range 22: thence North 89
degrees 54 minutes 30 seconds East, along a line drawn from said witness corner easterly
to a witness comer on the south line of Government Lot 1, Section 11, Township 31,
MAR-26-2802 15: 04
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CIT'! OF L.INJ I..AKES
651 9822499 P.03/05
Range 22, a distance of 160.00 feet, mOte or less. to a point on the westerly shoreline of
said Peltier Lake, sald point being the point of beginning of the line to be descrJbed:
thence continuing North 89 degrees 54 minutes 30 seconds East along said line to the
easterly shoreline of sllid Peltier Lake, and said line there temtinating.
2nd Chola!l - A1ta.",tlve *2 (BIll&!! UniV
A No-WoW: ZOIIe over a.ll that part of Peltier Lake lying northerly and northwesterly of the
fOllowing descrlbed line:
COlIIIDencing at the southwest comer of the Southeast Quarter of Section la,
TOWllshJp 31, Range 22, Anoia County, Minnesota; thence North 89 degrees 54
minules 46 seconds East along the south line of said Southeast Quarter 2106.64
feet to a witneils comer on the south line of Government Lot I, Section 10,
Township 31, Range 22; thence: North 89 degrees S4 minutes 30 seconds East,
along a line draWD from said witness corner easterly to a witness corner on the
south line of Government Lot I, Section II, Townsbip 31, Range 22, a distance of
160.00 feet, more or less, to a point on the westerly shoreline of said Peltier Lake,
said point being the point of !:eginnlng of the line to be described; thence
cOlltinuing North 89 degrees 54 minules 30 seconds East along said line to a point
distantIS85.00 feet easterly of said witness corner on the south lJne of
Gov6mmellt Lot 1, Section 10; then;::e North 50 degrees 2S minutes 18 seconds
East 1530.00 feet, more or less, to the easterly shoreline of said Peltier Lake; and
said line there l=rminating.
3'" Choice - Altarnative :/113 (Red Un;!)
A No-Wake Zone over all that part of Peltier Lake lying northerly and northwesterly of the
following described line:
Commencing at the southwest comer of the Southeast Quaner of Section 10,
Towr.ship 31, Range 22, Anoka County, Minnesota; thence North 89 degrees 54
minutes 46 seCOllds East along tile south line of said Southeast Qufll'ter 2106.64
feet 10 a witness comer on the south line of Government Lot I, Section 10,
Township 31, Range 22; thence North 00 degrees 05 minutes 30 seconds West
200.00 feel to a point hereinafter referred to as 'Point A'; thence North 89 degrees
54 mim.1les 30 seconds East 80.00 feet, more or less, to a point on the westerly
shoreline ot" said Peltier Lake, said point being the point of beginning of the line
10 be de3cribed: thence continuing North 89 degrees 54 millules 30 seCtlnds East
to a point distant 1585.00 feet easterly of said 'Polnt A 'j thence North 56 degrees
42 minutes 00 seconds East 1410.00 feet, more or less. to the easterly shoreline of
said Peltier Lake, and said Jille there terminating.
(Please N!fl!!l" to the attached map that clearly Illustrates all of the abovealtematlves)
Mf'R-26-2002 15: re
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CITY OF LIND LAKES
ES~ 982 2499 P.04/05
Considering the comprehensive publlt testimony gillen over the past two weeks, the Anoka
County Parks and Recreatfon Department Is formally recommending that the City of Uno Lakes
and the City of Centerville consider adopting Altematlve #1, In which places the ~Slow/No Wake
Zone" boundary line straight across the lake along the sectlon Jine (refer to the legal description
above). If alternatIVe #1 Is unacceptable to the CIty Coundls, the County's sec:ond choice
would be alternative #2, and the County's third tholes would be alternative #3.
If the proposed uSlow/No Wake Zone" ord/nanO!! Is adapted, the Anoka County Parks and
Recreation Department will conduct a survey of the "Slow/No Wake Zone" boundary, place
permanent survey points on the lsl2lnd and on each shoreline, provide buoy placement:,
maintenance, and removal and will also place a sign at the public ilCCElSS Illustrating the area of
the .Slow/No Wake Zone", A minimum number of buoys would be placed to effectlvely
delineate the "SlOW/NO Wake Zone",
Thank you for tonsldering AnOka County's recommendation pertaining to the mo51: safe,
effective, and functional placem$nt of the proposed "Slow/No Wake Zonan boundary line on the
north end of Peltier Lake. If you any questions on the above recommendl!ltlon, please contact
Jeff Perry at (763) 767-2896 or at ieff.oerrv(ll)ooldenaate.net .
Sincerely,
Jeff Perry
Natural Resourtes Specialist
Anoka Countll Parks and Recreation Oepartl11ent
ct: Commissioner Margaret LangfeJd, Anoka Beard of Commissioners
John VonDeUnde, Director of Parks and Recreatkm, Anoka County
Uncle Waite Smith, Uno Lakes CIty Admlnlstrator
Kim Moore-Sykes, Centerville CIty Administrator
MFIR-26-211<l2 15: <l6
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CITy' OF U~O LAKES
651 982 2499 P. 135/135
Peltier Lake
Proposed No-Wake Zone
March 25, 2002
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C!TY OF Ll NJ LAKES
651 982 2499 P.01/05
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COUNCIL MEETING
/ CALL TO ORDER .
1. Roll Call I~
SET AGENDA ~~
WEDNESDAY, MARCH 13,2002
6:30 P.M.
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PUBLIC HEARING(S)
APPEARANCES/AWARDS - rjLa....t.J..v'" S(.l\'~'..<''''C>-'
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CONSIDERATION OF MINUTES JJt..l$CV-/V~
1. February 27, 2002 Council Meeting Minutes
VI. PETITIONS AND COMPLAINTS
VII. OLD BUSINESS
(p:~ -- ~
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Proposed Ordinance #68 - ~o Wa~/Surf~ce Us~~fl\!otorized Watercraft
on Peltier Lake (Update) ~ - q."'" - . 35 ] I J. i.
LiftStation#lRenovation-l/vJr~ve~~ ~/27 CTL-V'.L-<;A...) ~ I
Work Plan Water Infrastructure - ~
Employment Policies (Update) .. I
21't Avenue Reconstruction- tuL ~tr ~ )U.L..l -/0 p-n:~(/06% ftL1~
0."..... do. I.
VIII. NEW BUSINESS
Receptionist/Secretary Six (6) Month .PerIormance Evaluation J~ /~ I
Dead Broke Saddle Club - Premises Permit Application (Gambling- ~ I
Wiseguys Pizza & Pub) Resolution #02-007 . ~ cJ
IX. CONSENiAGENDA ~f)t--l ~~ ./-fjl"
1. City of Centerville February 28, 2002, through March .13, 2002 ~. ~
J Expenditures ~. ~/
\ C' District E:glenditures (.. ~ .., . 'fl .
. IOu nance#4 u~ 10 ~L-- '7""'. ..;JrY' A.
~? '. \J. 4. Certificate 0 eposit - Main Street Bank j~
i1Y \ ~\t)ty~ 111 ~e.-. ~eJM'7. .. .~v>/
\ill) x. ..., COMMITTEE REPORTS ~~p~ do jOL~/
Y /" ,2- <I-
XI. ADMINISTRATOR'S REPORT (/rc.IEL--fS ~p6~
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1. Deferred Compo Report - Abdo, Abdo, Eick & Meyer (Update) .
2. TurcotteProperty(Update) -liP; Sl1lva--~f~~(~*fbr M~~ t~
3. Eagle Pass 2Dd Addition Developers AgreementlFinal Plat (Update)- ~
4. Eagle Pass Town Home Association - Increase Light Wattage.fb.-l. nA. ~
5. Finance Director (Update) .
6.
7.
LOGIS (Update) - ~~"A{G.j
Canada Geese Situation -
Sp.et Executive Session -
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City of Centerville
February 27, 2002
Council Minutes
CITY OF CENTERVILLE
CITY COUNCIL MEETING
FEBRUARY 27, 2002
6:30 p.m.
Pursuant to due call and notice thereof, the City of CenterviIle held their regularly scheduled
meeting on February 27, 2002, at City Hall, 1880 Main Street.
PRESENT: Mayor Tim Swedberg
Council Member Mari Ne~ ~ 0
Council Member Linda B 0 s @ ers
ABSENT: None.
STAFF:
City Administrator Ms. Moore-Sykes
City Engineer, Tom Peterson
City Attorney Hoeft
I. CALL TO ORDER
Mayor Swedberg called the February 27, 2002, City Council meeting to order at 6:30
p.m.
II. SET AGENDA
Motion bv Council Member Nelson. seconded bv Council Member Broussard
Vickers to approve the al!enda as presented. All in favor. Motion carried
unanimouslv.
III. PUBLIC HEARING(S)
I. Ordinance #4
Mayor Swedberg opened the public hearing at 6:33 p.m.
Mayor Swedberg noted that Ordinance 4 regulates building and construction within the
City and indicated the hearing was being held because changes have been proposed and
the hearing will give those concerned an opportunity to speak.
Council Member Nelson pointed out on the top of Ordinance 4, three amended should
have a date of August 22,2001, and four amended should have a date of November 14,
2001.
Page 1 of 24
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City of Centerville
February 27, 2002
Council Minutes
#. ,.
Richard Thompson of 1657 Peltier Lake Drive expressed his concern with the outside
storage provision of Ordinance #4. Specifically, he lives on a lake and the Ordinance
does not provide an exemption for the outside storage of docks and boat lifts.
Mayor Swedberg asked for clarification of the changes to the Ordinance.
Ms. Moore-Sykes explained the underlined portion is being added and also a sentence
requiring site plan review.
Mr. Thompson inquired as to whether, since the provision is not being changed, it applied
to residential.
Council Member Broussard Vickers indicated that the Ordinance has been in effect and
does pertain to residential properties.
Mr. Thompson asked Council to add an exemption for boat lifts and docks to the
Ordinance.
Mayor Swedberg indicated Council would take his comments under advisement and
would consider them later in the meeting. He then thanked Mr. Thompson for bringing a
potential issue with the Ordinance to Council's attention.
Council Member Capra asked if residents are required to take the docks out ofthe water
or if it is a preference.
Mr. Thompson explained that ice out in the Spring would tear up the dock and also noted
the permit issued by the St. Paul Water Department requires the docks to be removed.
Mr. Thompson asked for clarification of the C-I designation and indicated he had been
told the area was a wetland. Council Member Broussard Vickers indicated it is a
wetland. Mayor Swedberg commented that the wetland has a DNR number.
Mr. Thompson commented that the DNR had advised him to stop cutting the grass
between the street and the pond because there should be a 75 foot buffer area. He then
asked what "natural buffer area" meant to the City.
Council Member Broussard Vickers asked Mr. Thompson ifthe DNR had directed him to
stop mowing the area. Mr. Thompson indicated he was told to stop cutting because
things get blown into the pond.
Mayor Swedberg indicated that natural buffer zone is not defined in the Ordinance. He
then indicated the City would look into the matter.
Page 2 of 24
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City of Centerville
February 27, 2002
Council Minutes
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Council Member Broussard Vickers indicated the City does not have a wetland ordinance
at tbis time but uses the language from the 1991 Wetland Conservation Act in this
ordinance.
Mr. Jobn Watson of 1585 Peltier Lake Drive asked Council to add swim rafts to the
Ordinance.
Mr. Paul Dentz of 1667 Peltier Lake Drive asked Council to add pontoons to the
Ordinance.
Mr. Thompson indicated the DNR told him that pontoons are registered watercraft and
come under the designation of boats but paddleboats and swim rafts come under the
designation of toys and are not licensed.
Motion bv Council Member Broussard Vickers. seconded bv Council Member
Nelson to close the public hearin!!. All in favor. Motion carried unanimouslv.
Mayor Swedberg closed the public hearing at 6:47 p.m.
IV. APPEARANCES/AWARDS
1. Mr. Jerrv Lindner, Peltier Lake Association
Mayor Swedberg indicated he had given Mr. Lindner 25 minutes for his presentation and
noted he would cut the presentation off at that point.
Mr. Lindner indicated he was not at the meeting to represent the Peltier Lake Association but
was there on his own behalf to present facts to Council on the ordinance issue.
Mr. Lindner gave an overview of his background and education. He then played a videotape
for Council that gave an overview of the ins and outs of slalom waterskiing.
Mr. Lindner indicated he has no intention of having tournaments on the lake and noted the
coursc is just for practice for him and his family. He then indicated bis son, who recently
began skiing, qualified for the regional tournament.
Mr. Lindner indicated he is president of the Minnesota Water Ski Association and noted the
Association works to train children to ski.
Mr. Lindner showed a diagram and explained an Accusink system and noted that it sinks to
the bottom when not in use making the course not visible. He also noted he only needs 1200
feet for the course.
Mayor Swedberg said he would not disagree with anything Mr. Lindner has said, but said the
DNR has asked tbe City to provide a 500 foot buffer zone around the island to protect the
Page 3 of 24
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City of Centerville
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rookery and move the waterskiing south of the island. He then asked if that was a problem
for Mr. Lindner.
Mr. Lindner indicated it is a problem.
Mr. Lindner indicated he feels he has been made a victim and publicly defamed. He then
asked Council to cancel the Peltier Lake restriction ordinance.
Mayor Swedberg thanked him for his presentation and indicated there would be a public
hearing to further discuss the matter.
Council Member Broussard Vickers indicated she was interested in hearing ideas and options
for how to appease both sides of this issue. She then asked residents to think about the
matter and come to the public hearing prepared to provide alternative ideas and suggestions
rather than simply saying no restrictions.
Mayor Swedberg commented that research is his business and, when reading Dr. Lanyon, he
did not indicate anyone reason why the birds are not successfully nesting. He then
commented the City is trying to figure out what conservative measures can enhance
survivability of the birds.
Council Member Capra indicated the majority of lakes have restrictions and to have no
restrictions is very unusual. She then said she looks at the issue as the County and the DNR
have asked what the City can do to get the birds to nest. She further commented that she
hopes there is a way to accommodate both sides ofthe issue.
A member of the audience asked where Lino Lakes fits in. Council Member Capra indicated
the cities of Centerville and Lino Lakes need to sign a joint agreement in order to enact the
ordinance.
Shelly Armory of7425 Peltier Lake Drive indicated she had seen the documents claiming
that the herons have depleted in numbers. She then asked ifthere was information on the
numbers from year to year to see if there truly has been a noticeable drop in the numbers.
Council Member Capra indicated the DNR watches the birds and may have information on
the numbers of birds.
Mayor Swedberg indicated the area was not always a colony but was colonized because the
Rice Lake colony failed.
Council recessed at 7:25 p.m.
Council reconvened at 7:33 p.m.
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V. CONSIDERATION OF MINUTES
1. Februarv 13.2002. Council Meeting Minutes
Council Member Capra requested the following changes: On Page 13, second to last
paragraph take out the word "secretarial". On Page 22 between lines three and four insert
these sentences: Council Member Capra questioned whether the City was paying the
$144,853.75 payment to U.S. Bank Corporation Trust Service twice. It appeared this bill
had already been paid.
Council Member Nelson asked that the spelling of LeBlanc be corrected.
Mayor Swedberg thanked the recording secretary and said her work was superb.
Motion by Council Member Nelson. seconded bv Council Member Capra to
approve the Februarv 13. 2002 Council Minutes as amended. All in favor. Motion
carried unanimously.
2. Februarv 20.2002. Council Work Session Minutes
Council Member Nelson said she was not aware that her notes would serve as minutes for
the meeting.
Motion bv Council Member Nelson. seconded bv Council Member Broussard
Vickers to approve the Februarv 20. 2002 Council Work Session Minutes as
presented. Aves - 4. Nays - O. Abstain - HTravis). Motion carried.
VI. PETITIONS AND COMPLAINTS
None.
VII. OLD BUSINESS
1. The Shores Water Main Extension
Council Member Travis asked if there was any new information on this matter.
Council Member Nelson indicated Council had received a letter from the Fire Chief in
support of extending the watermain.
Mayor Swedberg read the letter from the fire chief.
Council Member Travis asked if any information had been received from Mr. DeFoe's
surveyor. Mr. Peterson indicated he had not received any information from Mr. DeFoe's
surveyor.
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Council Member Nelson commented that this is not the juncture where Council
determines the assessments because there will be a public hearing at that time.
Council Member Broussard Vickers indicated Council needed to determine whether to
order the plans and specifications which costs money and she is concerned that ifthe
developer does not agree with the assessment and challenges it, the City could end up
paying the difference.
Mr. Bruce Lattau of 7246 Main Street asked whether the City had considered doing a
feasibility study coming from Peltier Lake Drive rather than along Main Street. He then
commented that using that route would incorporate 50 or 60 residents onto City water
rather than only 10 residents if water is run along Main Street.
Mr. Peterson indicated that it was nearly twice as far to extend the watermain along Pelter
Lake Drive to reach the Shores. He then indicated that Peltier Lake Drive will need to be
rebuilt in the upcoming years and the City would look at extending the watermain at that
time. He further indicated that when asked to do a feasibility study his firm determines
thc shortest route for the study.
Council Member Capra commented that per lot these assessments are less than the
average that is usually around $8,000. Mr. Peterson agreed that the amounts are a fairly
standard assessment.
Council Member Capra asked if the City had heard any more information from Mound
Trail. Ms. Moore-Sykes indicated she had not heard anything from Mound Trail.
Mr. Lattau asked whether Council would consider doing a feasibility study coming from
the other direction. Mr. Peterson indicated extending along Main Street was
approximately 1600 feet and extending along Peltier Lake Drive would be 3200 feet.
Mr. Lattau indicated he had overheard the developer and the City Engineer discussing the
project after the last meeting. He then expressed concern that the City Engineer was
working with the developer to figure out the numbers and questioned whether the City
Engineer is looking out for the interests of the City or the developer.
Mr. Lattau asked for clarification of the conversation he overheard because he felt the
conversation was inappropriate. Mr. Peterson eXplained that he speaks to the developer
all the time and has to communicate with him if the City wants water in the development.
Mr. Lattau commented the developer wants water but none of the other residents do.
Council Member Nelson clarified that the City wants water and the developer does not
want the water.
Mr. Lattau commented that, if the City wants water, then the City should get as many
residents involved as possible and go the other way.
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Mr. Richard Thompson of 1657 Peltier Lake Drive indicated his first thought was he does
not need water but after reading the St. Paul paper and finding out about the potential
contamination of well water he thinks City water may be a nice option. He then asked
when the City intends to repave the street and add water on Peltier Lake Drive.
Mr. Peterson indicated it would be sometime in the next ten years and indicated the
length of time the street can go without reconstructing would be the governing factor.
Mr. Rehbein of 1659 Lakeland Circle indicated Council has gone around and around on
the numbers and his first thought was that there was no need for water but after hearing
of possible well contamination he can see some benefit to having City water at the
development. He then said he is not opposed to the watermain extension but it comes
down to the money.
Mr. Rehbein indicated he did not feel the numbers thrown around at the last meeting were
justified by the value that is brought to the property. He then indicated he had spoken to
several different realtors and has deternlined that anything more than $10,000 per lot for
City water is too high.
Mr. Rehbein indicated he had gone back and reviewed the feasibility study and noted it
says the oversizing costs for the City would be $53,460, He then suggested the City
should pay the $53,460 per the feasibility study, the Main Street residents $4,000 per lot,
the developer $48,000 and DeFoe $48,000. He further indicated that his total costs for
water to each lot would be approximately $11,000 versus the $4,800 for existing
residences. Mr. Rehbein stated he would not contest that type of assessment.
Mr. Rehbein indicated he was not trying to be an obstructionist but is trying to come up
with a number that makes sense. He then indicated he had spoken to Mr. DeFoe on the
telephone and characterized the conversation by stating that Mr. DeFoe had said he
needed water less than Mr. Rehbein does and said he would challenge the assessment if
he felt it was unreasonable.
Mr. Dan Skoog of 1613 Peltier Lakc Drivc indicated he llscd to serve on the fire
department and noted the department has the advantage of being able to use drop tanks
and water from the area lakes for firefighting making hydrants not as critical as they
would be in other communities. He then indicated that the residents on Peltier Lake
Drive have paid for two roads and he is not interested in paying for a third. He further
commented that he thinks the City needs to evaluate its needs and determine whether
hydrants are needed for the entire City or if they are only necessary in certain areas of the
City.
Mr. Skoog indicated he had sent a lctter to City Hajj requesting that the City provide
residents with the ability to pay bills by VISA or by direct pay from the bank. He then
indicated he had not had a response from the City.
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Mayor Swedberg indicated Council had discussed the matter and determined that it is
possible for the City to accept payments electronically. He then asked Staff to look into
setting up a system to do so.
Mr. Frank Zimney of 7252 Lavelle Drive indicated he had spoken with his neighbors and
they had gotten a letter relative to the hearing tonight and he did not. He then asked
whether he would be assessed again when water comes down Lavelle Drive.
City Attorney Hoeft indicated that Mr. Zimney would only be assessed when his property
receives the benefit of water service.
Mr. Zimney inquired as to whether the City had considered the possibility that, with the
widening of County Road 14, some of the benefiting properties may not be there.
Council Member Broussard Vickers indicated the County would be paying for the
property and having water service increilses the value of the property.
Mr. Zimney asked whether his property would be reassessed by the County after the
assessment amount is determined. He then asked whether the value of the home would
be increased by $8,000 immediately.
City Attorney Hoeft indicated that the benefit to the property is that the property is more
valuable with City water. He then indicated that, if the County were to take the property,
or if i1nyone else buys it, the property would be worth the additional benefit provided by
City water.
Council Member Capra asked whether the County Assessor would be adding the $8,000
to the assessed value of the property for tax purposes. City Attorney Hoeft indicated he
did not want to speak for the County but said it would be possible.
Mayor Swedberg indicated the City is on a four-year cycle for assessments and it is
possible it could be up to three years before the assessment would affect the value of thc
propcrty for tax purposes.
Mr. Zimney asked if the lots at the Shores would be required to pay hook up fees in
addition to the assessment. Mr. Peterson indicated the lots at the Shores would be
required to pay hook up fees.
Mr. z'imney asked whether the total dollar amount for the project was raised by $20,000
in order to push the water under the culvert under the lake. Mr. Peterson indicated that
part of the reason was because of the need to bring the water under the culvert.
Mr. Zimney indicated the extra costs benefit the Shores. Mr. Peterson indicated there are
always obstructions when you have to jack underneath a road not just with the culvert.
He also indicated that running the water under the culvert benefits Waterworks and the
other DeFoe property not just the Shores.
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Mr. Zimney commented that it looks like the extra costs can be attributed to the
properties from Peltier to the west. Mr. Peterson indicated the $20,000 was not just for
bringing water under the culverts but for the additional costs associated with the need to
dewater during the directional drilling.
Mayor Swedberg asked whether Staff was prepared to discuss water priorities for the
City.
Mr. Palzcr indicated most of the priority items would be explained in the report otherwise
it is a political decision as to the importance of who gets water first. He then indicated
that the cheapest way for the City to provide water to the residents is when development
occurs.
Council Member Capra indicated she would like to review past issues with Peltier Lake
Drive. Mr. Palzer noted residents did not pay anything for the road because it came out
of the general fund.
Council Member Nelson said she feels confident that either cost estimate six 6 or 7 shows
proper benefit to the owners and she is in favor of the project proceeding.
Mayor Swedberg asked City Engineer Peterson the approximate cost of preparing the
plans. Mr. Peterson indicated the preparation of the plans would cost approximately
$15,000. He then noted that, once the plans have been prepared, the plans can be used at
any time if this project does not proceed at this time.
Motion by Council Member Nelson, seconded by Council Member Capra to
aDDrOye Resolution 02-004 as presented.
Ms. Moore-Sykes indicated this was a housekeeping matter because Council had
previously accepted the feasibility study by motion.
Mayor Swedberg asked why Mr. Rehbein had said he was not using 429 financing but the
Resolution says 429 financing will be uscd.
Mr. Rehbein eXplained that private financing would be used for developing the Shores
but the City is using 429 to get water to tlle property.
Council Member Travis said he had mixed feelings because he feels the City could
potentially get stuck with the bill for this if Mr. Rehbein and Mr. DeFoe were to contest
the assessment and win.
Ayes - 2 (Nelson/CaDra), Nays - 2 (Swedberl!/Travis), Abstain -1 (Broussard
Vickers). Motion failed.
City Attorney Hoeft clarified that the motion did not pass.
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...
Council Member Nelson indicated Council had already approved the feasibility study by
motion at a previous meeting.
City Attorney Hoeft clarified that Council would not be committing to anything by
approving Resolution 02-004 and noted it is merely a housekeeping item previously
approved by motion and the 429 process requires approval by resolution.
City Attorney Hoeft suggested Council should approve the feasibility study because the
City had paid for it.
Motion by Council Member Nelson. secouded by Council Member Capra to
approve Resolutiou 02-004 as presented. Aves - 4. Nays -1 (Swedber!!:). Motion
carried.
Motion by Council Member Nelson. seconded by Council Member Capra to
approve Resolution 02-005 as presented.
Council Member Travis indicated he had reservations about proceeding with the project
because he is concerned that the assessments would be challenged. He then commented
that without water the subdivision would still move forward.
Council Member Nelson indicated she would not vote to approve the project without the
water.
Mr. Rehbein said he would be curious as to what legal grounds Council could use to stop
the development because the development meets all the requirements and he is not asking
for a rezoning.
City Attorney Hoeft indicated Mr. Rehbein was correct and noted the project, as far as
the recorded plat, is essentially done and needs no further internal approvals.
Council Member Travis asked why the property was being discussed in terms of 10 lots
and the assessment being challenged because it is too high for the 10 lots. City Attorney
Hoeft clarified that the assessment is a benefit to the total piece of property but said in
order to get an idea as to whether the assessment is appropriate the costs were broken
down by the 10 lots, as proposed for the development, to determine a per lot cost.
Council Member Broussard Vickers asked if the City has to consider the developer's
internal costs when assessing and determining the benefit to the property.
City Attorney Hoeft indicated that the City needs to look at the benefit to the property
and looking at the costs of the project gives a guideline to determine total costs for the
project. He then noted that providing water to Mr. Rehbein's property provides a benefit
to that property. He also noted that part of the consideration is to determine how much it
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would cost to develop the property both before and after water is available and noted the
City could hire an appraiser to determine that number.
Council Member Nelson asked if someone challenges the benefit to the property and the
judge ruled that the benefit to the property was less than what the City was assessing does
the City pay for the remaining costs. City Attorney Hoeft indicated that, if no appeals
were filed, the City would be required to pay the remaining costs.
Council Member Capra asked if, for instance, Mr. Rehbein does not agree to $60,000 and
challenges the assessment would the judge ever say he had to pay no assessment. City
Attorney Hoeft indicated that there is a benefit to the property and Mr. Rehbein
understands that but the value of the benefit is in question.
Council Member Capra asked whether the City would be able to use funds out of the
water fund to cover any remaining costs resulting from a challenged assessment. City
Attorney Hoeft indicated the City had options for where to recoup those dollars.
City Attorney Hoeft indicated he was not an appraiser but said he feels $4000 as an
assessed value to the properties could be sustained, if challenged. He then said it may be
possible for Mr. Rehbein to challenge a per lot cost of $ I 0,000 or more. He further stated
that, at this point, it is a political decision for the City as to whether or not to proceed
with the project.
Council Member Travis asked how much money was in the Lakeland Hills account paid
by the developer for future water expansion. Ms. Moore-Sykes indicated there was
$50,000 in the Lakeland Hills account.
Mayor Swedberg said he thought the Lakeland Hills account was one of the accounts
showing negative numbers. Ms. Moore-Sykes indicated she would look into the matter.
Council Member Travis commented that he thinks the City should take advantage of
getting water to the area by utilizing the developer and the funds in the Lakeland Hills
account but he said he does not feel the taxpayers of the City should have to pay if
assessments are challcnged.
Mr. Rehbein indicated he wants to work with the City to come up with numbers that
make economic sense.
Aves - 4, Navs - l(Swedbere), Motion carried.
Mayor Swedberg noted the City would be expending dollars for plans and specifications
on the project.
City Attorney Hoeft indicated the plans and specifications would be prepared and the
City Engineer would come back before Council with the plans before putting it out to bid.
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Council recessed at 8:35 p,m.
Council reconvened at 8:41 p.m.
2. Eagle Pass 2nd Addition
Ms. Moore-Sykes indicated she was researching whether the sewer charges were paid for
the full parcel when Phase I was built out. She then indicated she needed to speak to Mr.
Quigley who is unavailable until March 7, 2002.
Council Member Travis suggested reviewing the Developer's Agreement because it
should indicate what sewer charges were paid.
Ms. Moore-Sykes indicated the amounts of the checks she has located do not match the
Developer's Agreement and she needs to speak to Mr. Quigley for clarification.
Motion bv Council Member Broussard Vickers, seconded bv Council Member
Capra to table this matter for further information. All in favor. Motion carried
unanimously.
3. Work Plan Water Infrastructure
Mayor Swedberg asked if Council could get a simple map that shows where water needs
to be put in. Mr. Peterson handed out a City base map showing all the watermains.
Mayor Swedberg asked for a ballpark number per foot for water. Mr. Peterson indicated
the numbers vary depending on the size of the pipe but estimated a cost of $50.00 to
$75.00 per foot for watermain. He then noted that estimate did not take into
consideration any surface restoration.
Mayor Swedberg asked if it was possible to save money by running the water next to the
road rather than underneath it. Mr. Peterson explained that there is a standard location
for the various utilities and changing the system interferes with the other utilities.
Mayor Swedberg asked whether the City should plan to fund a certain amount of water
each year without having to assess to pay for it.
Council Member Broussard Vickers indicated the City cannot fund paying off debt and
she is not sure how the City can avoid assessing people. She then commented that she
feels the way water has been done in the past is the most efficient but the City is nearing
the end of development and needs to determine how to fund the rest of its watermain
expansion.
Council Member Nelson said she feels all of the people that already have water were
assessed in one way or another for water, either when they bought their property or when
water came down their street, and she does not want to pay for someone else's water.
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Council Member Broussard Vickers indicated that all users ofthe City's water system
benefit by adding other areas to the system because looping the system improves the
system.
Council Member Travis commented that the City may not have to build another water
tower if it opted not to run water to all those that currently do not have it.
Council Member Broussard Vickers indicated the biggest challenge for the City is
determining a fair assessment and figuring out a way to fund the rest of the project. She
then indicated that priorities for the water system should be suggested but she did not see
the need to order a formal study at this time.
Mr. Peterson reminded Council that the water interconnect with Lino Lakes was to be a
six year agreement and noted the City may need to build the second water tower if
required to disconnect from that water line.
Council Member Travis suggested approaching Lino Lakes to see if they would have an
issue with extending the deadline for disconnecting.
Council Member Capra indicated Hugo would be using water from Lino Lakes for a new
development and Lino Lakes had said it wants Hugo to be able to provide water to future
developments.
Council directed Staff to inquire into whether or not there is pressure to disconnect from
the water interconnect.
Council Member Travis pointed out that Centerville paid the $50,000 or $60,000 for the
interconnect.
4. Resolution 02-003 Transferring Funds
Ms. Moore-Sykes indicated she had been researching the deficit accounts for information
as to how or why the accounts ended up in the current state. She then eXplained that one
developcr went bankrupt, in the past assessments were based on the engineer's estimates,
those estimates have been low, and the City has to make up the difference.
Ms. Moore-Sykes explained that when the assessments were made when doing the
calculations City Staff counted on future interest because they thought more residents
would not be able to pay the assessment off up front and would have to pay over time
with interest and that has not happened.
Mayor Swedberg asked whether any of the projects with deficits had letters of credit that
could be tapped.
City Attorney Hoeft indicated the letter of credit is sometimes only for improvements and
other times during 429 financing it is to cover the costs of the infrastructure.
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Mayor Swedberg said going forward he does not want to run into situations where the
City is having to take thousands of dollars out of the general fund to cover overages.
City Attorney Hoeft indicated that, from a legal standpoint, development contracts now
require security of 150% which should take care of this issue. He then noted that was not
done in the past.
Mayor Swedberg asked whether the City Engineer is made aware that a project is
reaching the estimated amount and, if so, does the City Engineer notify the City that the
budgeted amount may be exceeded.
Mr. Peterson indicated the assessment hearing is held after completion of the project so
the costs are known. He then indicated that if something is going over he would be made
aware and further noted that he builds in 10% for cost overages.
Mayor Swedberg noted that the deficit account overstates that the City has more money
than it really does.
Council Member Nelson indicated the bills have already been paid but the books do not
accurately reflect where the money is. She thcn commented when she first looked at the
books it appeared to her the City had more money than it does because reconciliations
need to be made.
Mayor Swedberg indicated he would prefer to resolve the deficit accounts through the
budget rather than by drawing down the general fund.
Council Member Travis asked whether the developments named as deficit accounts had
upsizing and, if so, whether the funds had been credited. He then asked how these
accounts get into the red.
Mr. Palzer indicated he was not sure if all the projects were credited from the water and
sewer funds. He then commented there were some projects that came in under estimates.
Mayor Swedberg indicated that, if records exist, it would be valid to transfer funds from
the water and sewer fund to balance out the deficit account.
Council Member Nelson indicated she had requested to find out whether or not a portion
ofthc public works building was funded through the sewer and water fund. She then
asked whether Staff was able to verify whether or not a transfer had been made. She
further commented that it would seem appropriate to justify the cost of the building with
the same formula used for salaries from the sewer and water fund.
Ms. Moore-Sykes indicated she would ask Ms. Bender to e-mail the information
concerning the public works facility to Council.
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Council Member Capra indicated she would like the auditor to explain, in layman's
terms, where the City can take the funds to clean up the accounts.
Council Member Nelson indicated the funds needed to come out of the general fund.
Council Member Broussard Vickers indicated she was not sure where to move the money
from. She then indicated she would like to support Staff s request to wait until after the
audit and asked Staff to gather further information on the deficit accounts while waiting
for the results of the audit.
Council Member Nelson noted if the funds are moved from the general fund the City
would need to reduce expenditures to cover it because the reserve amount for the general
fund is not appropriate.
Mayor Swedberg said the City cannot keep the 2001 books open indefinitely.
Council Member Nelson indicated that adjustments can be made in the prior year until
the audit is finished.
Council Member Broussard Vickers indicated that the capital expenditure funds should
not to be spent if the intent is to use those monies to clear the books.
Mayor Swedberg said he would feel comfortable if Ms. Moore-Sykes guarantees Council
that money will not be spent in those accounts.
Ms. Moore-Sykes indicated she would need Council approval for expenditures.
Council Member Nelson indicated she does not want to use the capital improvement
funds until after the TIF situation and the deferred compensation situation have been
resolved.
Council Member Broussard Vickers asked Staff to gather information concerning the
deficit funds and determine whether there was a transfer from the water and sewer fund
for the public works facility.
Council Member Nelson asked if the audit would take place in March.
Ms. Moore-Sykes indicated the audit would take place in April.
Council Member Nelson indicated she does not want to wait until June to clear these
issues up and said the auditor may be able to give answers on issues to begin cleanup
some time in the next month.
Mayor Swedberg indicated there is some urgency with this matter because as the City
proceeds further into the budget cycle fewer choices are available for reconciliation of the
deficit accounts.
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Council Member Nelson asked Staff to provide the exact amounts of the deficit funds so
Council will know where the City is on the matter.
VIII. NEW BUSINESS
I. Resolution #02-004 Ordering Preparation of Feasibilitv Study - The Shores
This item was heard under The Shores watermain extension discussion.
2. Resolution #02-005 Ordering Improvement and Preparation of Plans - The Shores
This item was heard under The Shoreswatermain extension discussion.
3. Joel McPherson. Public Works - Successful Completion of First Year of
Employment with the City ofCenterville
Ms. Moore-Sykes indicated Mr. Palzer had done a performance evaluation and it was
satisfactory. She then indicated this matter is a request to proceed to the next pay level
per the union contract.
Motion bv Council Member Caora. seconded bv Council Member Nelson to
authorize an increase for Mr. McPherson oer the union contract. All in favor.
Motion carried unanimouslv.
4. Ordinance #4 Amendments
Mayor Swedberg said he would like to sit with the Planning and Zoning Commission to
discuss the volume of changes to the Ordinance.
Council Member Nelson indicated she had questions concerning the changes.
Mayor Swedberg indicated he would like to know why the changes are being made rather
than just looking at a strikeout and noted an explanation would have been more helpful.
Council Member Broussard Vickers indicated that most of the changes involve
clarification and said most of the language in the commercial and industrial sections
came from Mr. Palzer.
Mr. Palzer indicated that some of the items used to be in the old Ordinance #4 but were
lcft out and he is recommending including the language again.
Mayor Swedberg indicated he was not sure what was being fixed and why it was being
fixed and would like more of an explanation.
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Mr. Palzer indicated corner lots, in the previous ordinance, had two front yards and two
side yards but no rear yard. He then indicated the shed requirements were based on a
percentage of the rear yard but corner lots had no rear yard. He further indicated the
numbers in the ordinance clarify and address that type of situation.
Mr. Palzer indicated the Ordinance is hard to enforce when it conflicts upon itself and
Staff is not sure which requirement is the more stringent requirement.
Council Member Broussard Vickers indicated she was not interested in going back to
Planning and Zoning on this Ordinance because that would further hold up the changes
and there are people waiting for the changes in order to proceed with their projects. She
then indicated that either she or Council Member Travis should be able to explain the
intent of Planning and Zoning with regard to questions Council may have.
Council Member Capra asked whether adding a provision concerning boats and docks
could be added to the Ordinance tonight without starting the process over. City Attorney
Hoeft indicated that making a substantive change to the Ordinance would mean starting
over.
Council Member Broussard Vickers suggested holding that change to the next set of
amendments to the Ordinance.
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City Attorney Hoeft indicated Council could pass any portion of the Ordinance or none of
it but said that the issue of storage of boats and docks will not be an issue again until next
winter.
Council Member Broussard Vickers asked if there was a list of changes to the Ordinance.
Ms. Moore-Sykes indicated a list was not provided to Council with the Ordinance
changes.
Council Member Broussard Vickers indicated that, in the future, a master sheet would be
more helpful.
Council Member Broussard Vickers askt:d if the amended date is the datc published or
the date voted on.
City Attorney Hoeft indicated that the City needed to decide which date to use and be
consistent. He then recommended using the effective date and noted the changes are
effective after the date of publishing.
Council Member Broussard Vickers asked Staff to verify the effective dates on the
Ordinance.
Council Member Nelson indicated the first change is to allow nonconforming structures
for 12 months rather than 6 months.
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Council Member Broussard Vickers noted that change was to be consistent with state
law.
Council Member Broussard Vickers on Page 19 pointed out a corrected double negative.
Council Member Broussard Vickers noted the change on Page 20 changed the word
minimum to maximum. The Change on Page 20 makes a change to include all buildings
in the site review process. The new language allows time for publishing and staff review
of the site plan.
Council Member Broussard Vickers on Page 21, it is double worded so the language
except during inclement weather approved in the fee structure is struck out.
Ms. Moore-Sykes asked that the second version of the language be left in because it
included the escrow language in it.
Council Member Broussard Vickers indicated that Page 26 starts the addition of the
commercial and industrial information that Mr. Palzer had asked to have added back into
the Ordinance to help with enforcement.
Mayor Swedberg pointed out that the added language refers to Section 36 for off street
parking and he does not find a Section 36. He then asked Staff to double check to make
sure the sections were properly referenced.
Council Member Broussard Vickers asked if a table of contents was available. Ms.
Moore-Sykes indicated there was not a table of contents available at this point.
Council Member Nelson asked why this language needed to be added to dIe Ordinance.
Mr. Palzer indicated Council would need to take that up with Planning and Zoning.
Council Member Broussard Vickers indicated this wording was presented by Mr. Palzer
and the Planning and Zoning Commission thought it seemed reasonable.
Mr. Palzer indicated the language was in Ordinance #4 but was accidentally eliminated.
Council Member Broussard Vickers said she felt the language was inadvertently left out
and noted there was no concern at Planning and Zoning as to whether it needed to be in
the Ordinance because it was based on Staff recommendation based on problems with
enforcement.
Council Member Capra noted a lot of the language is the same as what is in the
residential part of the Ordinance. She then indicated she did not see anything that was
confusing even thought it seems duplicative. She further indicated that Mr. Palzer had
presented the language to assist with enforcement and she does not have an issue with it.
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Mayor Swedberg asked Mr. Palzer how the language concerning refuse on Page 29
would be enforced. Mr. Palzer indicated the Health Department and City Council would
determine if an unsanitary condition existed.
Mayor Swedberg said the language seemed "fluffy". He then asked how Staff intended
to enforce it. City Attorney Hoeft indicated he had not heard of a jury trial over a refuse
container and said that having the language in the Ordinance establishes a basis to be able
to enforce it.
Council Member Travis confirmed that the sign language was removed because the
language was moved into Ordinance #39, a separate sign ordinance.
Council Member Broussard Vickers indicated there is a separate sign ordinance.
Mayor Swedberg questioned whether the towing company is an allowed usage in a
commercial zoning district.
Ms. Moore-Sykes indicated whether or not the towing company is an allowed usage is a
matter of interpretation.
Mayor Swedberg asked whether the towing company could be considered a salvage
operation if it has a lot of cars sitting on the lot for an extended time.
Mayor Swedberg indicated his question is whether the towing company is appropriately
sited.
Mr. Palzer indicated he would interpret a salvage operation as an operation that involves
parting out the vehicles and crushing them. He then stated he does not feel the towing
company is a salvage operation.
Council Member Broussard Vickers indicated the Ordinance would need to exclude
towing operations to enforce this.
Mr. Palzer indicated the City has two businesses that tow vehicles and have separate
impound facilities in a fenced in area.
Mayor Swedberg indicated he would have no problem with the towing company being in
an industrial area but where it is located in the commercial zone it backs up to a
residential area.
Mr. Palzer indicated the City eliminated the special use permits when Ordinance #4 was
created and lost the ability to control this type of issue.
Council Member Broussard Vickers indicated that, based on classes attended that said the
City should not legislate by special use permit but make the wording in the Ordinance
clear, the decision was made to eliminate the use of special use permits.
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February 27, 2002
Council Minutes
Mayor Swedberg said he does not think it is a commercial use.
Council Member Broussard Vickers asked Staff to put docks, boatlifts, swim rafts, and
the towing company on the list for the next batch of Ordinance amendments.
Council Member Broussard Vickers indicated wording was added to allow kennels but
the Ordinance does not have a definition of kennel.
Mayor Swedberg expressed concern for the number of dogs that would be allowed at the
kennel.
Council Member Broussard Vickers indicated that the nuisance and noise ordinances and
the State would govern the spacing for the animals.
City Attorney Hoeft recommended defining kennels in the Ordinance.
Council Member Broussard Vickers noted the animal ordinance has a definition of kennel
and she suggested looking at the wording.
Council Member Nelson indicated she felt it was appropriate to leave the language
concerning adult oriented businesses on Page 34.
Council Member Broussard Vickers indicated the City has an adult use ordinance.
Council Member Nelson said she would prefer to leave it in this Ordinance as
clarification.
Mayor Swedberg expressed concern with removing the language concerning the storage
of outside equipment and supplies and then noted there is currently an issue with Mueller
Pipeliners because there is not enough screening and Council has no authority to force
more screemng.
Mr. Palzer indicated that storage is addressed in another area in the Ordinance and this
was proposed to clarify the matter because Staff currently has to read three sections to get
the entire intent of the Ordinance. He then pointed out that Section 135 - 140
specifically requires that everything needs to be kept indoors.
Mayor Swedberg asked whether the City could correct the outside storage issue at
Mueller Pipe liners at this time. Mr. Palzer indicated that Council did not require berrning
at the site.
Mayor Swedberg indicated he was told that Mueller would agree to mound more dirt on
that side to screen the property from residents on the other side. Ms. Moore-Sykes
indicated that she is not certain whether Mueller would be amenable to providing more
screenmg.
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Council Member Travis indicated that all the equipment would be gone by summer.
City Attorney Hoeft suggested moving the last sentence of the first paragraph concerning
adult oriented businesses to the beginning of the Ordinance for clarification.
Mr. Palzer explained that along Peltier Lake there was some concern that ifit was
necessary to rebuild their homes they would be required to stay back at 75 feet and
neigl)bonng homes would be closer. He then noted this language would allow residents
to go half the distance of the adjoining properties.
Council Member Broussard Vickers noted the shoreland ordinance could change this
requirement and would be more specific.
Mayor Swedberg indicated the people at Buechler Estates argued this point.
Mr. Palzer indicated there was an issue of approving pads on the subdivision and no
specific requirement to build on the pad. City Attorney Hoeft indicated the pads were
drawn to show essentially where the houses would be but noted the only requirement was
a ISO-foot setback. All the homeowners built on the pads and Mr. Buechler built his
house at 150 feet causing the issue.
Council Member Broussard Vickers suggested the City should be more clear on the
requirements of the Wetland Conservation Act and said the City should uphold the
recommendation of the DNR concerning the natural buffer area.
City Attorney Hoeft indicated the natural buffer zone would be defined in the Wetland
Zoning Act.
Mayor Swedberg asked whether the City could control someone from clear cutting all the
trees on their property. He then asked whether someone could cut all but one tree and not
be called a clear cut.
Council Member Broussard Vickers indicated residents could cut down trees if they
wished and noted that she did not consider a lot a woodland. Mr. Palzer indicated that
every woodland in town has been cut with the exception of Cedar Street Park.
Mr. Palzer indicated that the City of Lino Lakes has a requirement that any tree that is
larger than four inches, if cut down, a certain number of trees must be replanted.
Council Member Nelson asked why the responsibilities of the Clerk and Building
Inspector were removed on Page 67.
Council Member Broussard Vickers indicated the responsibilities were removed from the
Ordinance because the zoning ordinance is not an appropriate location for them.
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February 27, 2002
Council Minutes
Council directed Staff to provide only the changed pages and a list of corrections for the
next review of the Ordinance.
Council Member Nelson asked what the information provided by Staff was because she
did not feel it is a typical bank reconciliation.
Ms. Moore-Sykes indicated that she had provided the information to Council that was
given to her by Staff. She then noted that Staff was unable to find the $1,000.
Council Member Nelson indicated she would like to see a reconciliation with a beginning
and an ending balance.
IX. CONSENT AGENDA
I. The City ofCenterville February 14, 2002 through February 27, 2002
Expenditures.
2. Centennial Fire District Expenditures
3. Establish Escrow Requirements for Final Grading/Sod Escrow & Quarterly Water
Fee (Resolution #02-006)
Mayor Swedberg requested that Item 3 be removed for discussion.
Motion bv Council Member Capra, seconded bv Council Member Nelson to
approve Consent Agenda Items 1 and 2 as presented. All in favor. Motion carried
unanimously.
Ms. Moore-Sykes indicated this matter came to her attention when Stafftaking utility
payments up front were questioned as to why, if a resident uses only a minimum of water,
there is a quarterly fee and a usage charge. She then indicated she would like to clearly
state there is a quarterly fee regardless of usage.
Mayor Swedberg clarified that the City is not changing the fee just clarifying what it is
called.
Ms. Moore-Sykes indicated there has been confusion because residents think if they use a
minimum of water they only have to pay $17.00.
Council Member Broussard Vickers suggested calling the fee a water system
maintenance fee instead of a water usage fee.
Ms. Moore-Sykes indicated the other issue concerns establishing an escrow amount for
landscaping and final grading to ensure that those properties closing in the winter install
the sod and complete the final grade when the weather permits.
Council Member Travis asked if this escrow would be in addition to the sod escrow. Mr.
Palzer indicated the City had eliminated the $800.00 sod escrow. He then indicated he
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City of Centerville
February 27, 2002
Council Minutes
feels the $1,500 escrow should cover getting the work done in according with the final
grading plan.
Mayor Swedberg asked if it would be more appropriate to wait until after the changes are
made to Ordinance #4.
Ms. Moore-Sykes indicated there were two properties that needed to close in the next day
or so and she had agreed to sign a document to allow them to close once the $1,500
escrow payment was provided.
City Attorney Hoeft indicated there was not a problem establishing an escrow and urged
Council to make sure that the escrow is high enough to ensure the project could be
completed. Mr. Palzer indicated the developer for Hunter's Crossing has been requiring
that the homeowner issue a $1,500 check to the developer to make sure the work is
completed and this would be in addition to the $1,500 escrow to the City.
Ms. Moore-Sykes indicated the City currently has no lever with the contractor and needs
to establish this fee at tonight's meeting.
Council Member Travis noted the escrow is an incentive to get them to come back.
Motion bv Council Member Capra. seconded bv Council Member Nelson to
approve Resolution #02-006 with the wordilll!: chanl!:e for the water usal!:e fee to be
called a water svstem maintenance fee. All in favor. Motion carried unanimouslv.
Council Member Travis indicated Council had been telling residents that the probable
hook up fee for City water would be $1,500. He then indicated he saw a unit connection
fee on the fee schedule of $2,900 and asked what that was for.
Mr. Palzer indicated the unit connection charge came from the Mill Road water project
when residents were not assessed and noted it only applied to Mill Road residents.
Council Member Broussard Vickers clarified the City would not be applying this unit
connection charge to new development so the $1,500 is the correct hook up fee.
X. COMMITTEE REPORTS
None.
XI. ADMINISTRATOR'S REPORT
Council Member Nelson indicated she would like to have an update concerning the status
of the personnel policy added under Old Business and continually receive an update at
each Council meeting.
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February 27, 2002
Council Minutes
Council Member Broussard Vickers suggested setting a reasonable time frame for
completion of the personnel policy and said she did not need an update at every Council
meeting.
Council Member Nelson indicated she would like the personnel policy completed within
the next three or four months.
Council Member Broussard Vickers asked if that was a reasonable time frame for Staff.
Ms. Moore-Sykes indicated timing would depend on how the hiring process for the
finance director proceeds.
Council Member Nelson indicated she would like to discuss the exempt status ofthe
Public Works Director and Finance Director positions at the next Council meeting. She
then asked Staff to add it to the agenda.
Council Member Nelson indicated that exempt would mean being exempt from premium
overtime pay.
Council Member Nelson indicated she would like information as to how many hours the
Public Works Director spends conducting management activities versus his other tasks.
He then indicated she would like to have Mr. Hoeft's personnel experts evaluate the
Issue.
XII. ADJOURNMENT
Motion by Council Member Travis. seconded by Mayor Swedber!! to adiourn the
February 27. 2002 City Council Meetinl! at 10:50 p.m. All in favor. Motion carried
unanimously.
Transcribed by:
Joan Lenzmeier, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
Page 24 of 24
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City of Centemlle
February 27, 2002
Council Minutes
CITY OF CENTERVILLE
CITY COUNCIL MEETING
FEBRUARY 27, 2002
6:30 p.m.
Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled
meeting on February 27, 2002, at City Hall, 1880 Main Street.
PRESENT: Mayor Tim Swedberg
Council Member Dick Travis
Council Member Mary Capra
Council Member Marl Ne n
Council Member Linda B
rm~~tlIed
',APt-a ViJlf
ABSENT: None.
STAFF: City Administrator Ms. Moore-Sykes
City Engineer, Tom Peterson
City Attorney Hoeft
I. CALL TO ORDER
Mayor Swedberg called the February 27, 2002, City Council meeting to order at 6:30
p.m.
II. SET AGENDA
Motion bv Council Member Nelson, seconded bv Council Member Broussard
Vickers to approve the al!enda as presented. All in favor. Motion carried
unanimously.
III. PUBLIC HEARING(S)
1. Ordinance #4
Mayor Swedberg opened the public hearing at 6:33 p.rn.
Mayor Swedberg noted that Ordinance 4 regulates building and construction within the
City and indicated the hearing was being held because changes have been proposed and
the hearing will give those concerned an opportunity to speak.
Council Member Nelson pointed out on the top of Ordinance 4, three amended should
have a date of August 22, 2001, and four amended should have a date of November 14,
2001.
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February 27,2002
Council Minutes
Richard Thompson of 1657 Peltier Lake Drive expressed his concern with the outside
storage provision of Ordinance #4. Specifically, he lives on a lake and the Ordinance
does not provide an exemption for the outside storage of docks and boat lifts.
Mayor Swedberg asked for clarification of the changes to the Ordinance.
Ms. Moore-Sykes explained the underlined portion is being added and also a sentence
requiring site plan review.
Mr. Thompson inquired as to whether, since the provision is not being changed, it applied
to residential.
Council Member Broussard Vickers indicated that the Ordinance has been in effect and
does pertain to residential properties.
Mr. Thompson asked Council to add an exemption for boat lifts and docks to the
Ordinance.
Mayor Swedberg indicated Council would take his comments under advisement and
would consider them later in the meeting. He then thanked Mr. Thompson for bringing a
potential issue with the Ordinance to Council's attention.
Council Member Capra asked ifresidents are required to take the docks out of the water
or if it is a preference.
Mr. Thompson explained that ice out in the Spring would tear up the dock and also noted
the permit issued by the St. Paul Water Department requires the docks to be removed.
Mr. Thompson asked for clarification of the C-l designation and indicated he had been
told the area was a wetland. Council Member Broussard Vickers indicated it is a
wetland. Mayor Swedberg commented that the wetland has a DNR number.
Mr. Thompson commented that the DNR had advised him to stop cutting the grass
between the street and the pond because there should be a 75 foot buffer area. He then
asked what "natural buffer area" meant to the City.
Council Member Broussard Vickers asked Mr. Thompson if the DNR had directed him to
stop mowing the area. Mr. Thompson indicated he was told to stop cutting because
things get blown into the pond.
Mayor Swedberg indicated that natural buffer zone is not defined in the Ordinance. He
then indicated the City would look into the matter.
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City of Cenlerville
February 27, 2002
Council Minutes
Council Member Broussard Vickers indicated the City does not have a wetland ordinance
at this time but uses the language from the 1991 Wetland Conservation Act in this
ordinance.
Mr. John Watson of 1585 Peltier Lake Drive asked Council to add swim rafts to the
Ordinance.
Mr. Paul Dentz of 1667 Peltier Lake Drive asked Council to add pontoons to the
Ordinance.
Mr. Thompson indicated the DNR told him that pontoons are registered watercraft and
come under the designation of boats but padd1eboats and swim rafts come under the
designation oftoys and are not licensed.
Motion bv Council Member Broussard Vickers. seconded bv Council Member
Nelson to close tbe public beann/!. All in favor. Motion carned unanimouslv.
Mayor Swedberg closed the public hearing at 6:47 p.rn.
IV. APPEARANCES/AWARDS
1. Mr. Jerrv Lindner. Peltier Lake Association
Mayor Swedberg indicated he had given Mr. Lindner 25 minutes for his presentation and
noted he would cut the presentation off at that point.
Mr. Lindner indicated he was not at the meeting to represent the Peltier Lake Association but
was there on his own behaIfto present facts to Council on the ordinance issue.
Mr. Lindner gave an overview ofhis background and education. He then played a videotape
for Council that gave an overview of the ins and outs ofslaIom waterskiing.
Mr. Lindner indicated he has no intention of having tournaments on the lake and noted the
course is just for practice for him and his family. He then indicated his son, who recently
began skiing, quali:fied for the regional tournament.
Mr. Lindner indicated he is president ofthe Minnesota Water Ski Association and noted the
Association works to train children to ski.
Mr. Lindner showed a diagram and explained an Accusink system and noted that it sinks to
the bottom when not in use making the course not visible. He also noted he only needs 1200
feet for the course.
Mayor Swedberg said he would not disagree with anything Mr. Lindner has said, but said the
DNR has asked the City to provide a 500 foot buffer zone around the island to protect the
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City of Centerville
February 27, 2002
Council Minutes
rookery and move the waterskiing south of the island. He then asked if that was a problem
fur Mr. Lindner.
Mr. Lindner indicated it is a problem.
Mr. Lindner indicated he feels he has been made a victim and publicly defamed. He then
asked Council to cancel the Peltier Lake restriction ordinance.
Mayor Swedberg thanked him for his presentation and indicated there would be a public
hearing to further discuss the matter.
Council Member Broussard Vickers indicated she was interested in hearing ideas and options
for how to appease both sides ofthis issue. She then asked residents to think about the
matter and come to the public hearing prepared to provide alternative ideas and suggestions
rather than simply saying no restrictions.
Mayor Swedberg commented that research is his business and, when reading Dr. Lanyon, he
did not indicate anyone reason why the birds are not successfully nesting. He then
commented the City is trying to figure out what conservative measures can enhance
survivability ofthe birds.
Council Member Capra indicated the majority of lakes have restrictions and to have no
restrictions is very unusual. She then said she looks at the issue as the County and the DNR
have asked what the City can do to get the birds to nest. She further commented that she
hopes there is a way to accommodate both sides of the issue.
A member ofthe audience asked where Lino Lakes fits in. Council Member Capra indicated
the cities of Centerville and Lino Lakes need to sign a joint agreement in order to enact the
ordinance.
Shelly Armory of7425 Peltier Lake Drive indicated she had seen the documents claiming
that the herons rnive depleted in numbers. She then asked if there was information on the
numbers from year to year to see if there truly has been a noticeable drop in the numbers.
Council Member Capra indicated the DNR watches the birds and may have information on
the numbers of birds.
Mayor Swedberg indicated the area was not always a colony but was colonized because the
Rice Lake colony fuiled.
Council recessed at 7:25 p.m.
Council reconvened at 7:33 p.m.
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City of Centerville
February 27, 2002
Council Minutes
V. CONSIDERATION OF MINUTES
1. February 13. 2002. Council Meeting Minutes
Council Member Capra requested the following changes: On Page 13, second to last
paragraph take out the word "secretarial". On Page 22 between lines three and four insert
these sentences: Council Member Capra questioned whether the City was paying the
$144,853.75 payment to U.S. Bank Corporation Trust Service twice. It appeared this bill
had already been paid.
Council Member Nelson asked that the spelling of LeBlanc be corrected.
Mayor Swedberg thanked the recording secretary and said her work was superb.
Motion bv Council Member Nelson. seconded bv Council Member Capra to
approve the February 13. 2002 Council Minutes as amended. AU in favor. Motion
carried unanimouslv.
2. Febnuuy 20. 2002. Council Work Session Minutes
Council Member Nelson said she was not aware that her notes would serve as minutes for
the meeting.
Motion bv Council Member Nelson. seconded bv Council Member Broussard
Vickers to approve the February 20. 2002 Council Work Session Minutes as
presented. Ayes - 4. Nays - O. Abstain - I(Travis). Motion carried.
VI. PETITIONS AND COMPLAINTS
None.
VII. OLD BUSINESS
1. The Shores Water Main Extension
Council Member Travis asked if there was any new information on this matter.
Council Member Nelson indicated Council had received a letter from the Fire Chief in
support of extending the watermain.
Mayor Swedberg read the letter from the fire chief.
Council Member Travis asked if any information had been received from Mr. DeFoe's
surveyor. Mr. Peterson indicated he bad not received any information from Mr. DeFoe's
surveyor.
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February 27,2002
Council Minutes
Council Member Nelson commented that this is not the juncture where Council
determines the assessments because there will be a public hearing at that time.
Council Member Broussard Vickers indicated Council needed to determine whether to
order the plans and specifications which costs money and she is concerned that if the
developer does not agree with the assessment and challenges it, the City could end up
paying the difference.
Mr. Bruce Lattau of 7246 Main Street asked whether the City had considered doing a
feasibility study coming from Peltier Lake Drive rather than along Main Street. He then
commented that using that route would incorporate 50 or 60 residents onto City water
rather than only 10 residents if water is run along Main Street.
Mr. Peterson indicated that it was nearly twice as fur to extend the watermain along Petter
Lake Drive to reach the Shores. He then indicated that Peltier Lake Drive will need to be
rebuilt in the upcoming years and the City would look at extending the watermain at that
time. He further indicated that when asked to do a feasibility study his firm determines
the shortest route for the study.
Council Member Capra commented that per lot these assessments are less than the
average that is usually around $8,000. Mr. Peterson agreed that the amounts are a fairly
standard assessment.
Council Member Capra asked if the City had heard any more information from Mound
Trail. Ms. Moore-Sykes indicated she had not heard anything from Mound Trail.
Mr. Lattau asked whether Council would consider doing a feasibility study coming from
the other direction. Mr. Peterson indicated extending along Main Street was
approximately 1600 feet and extending along Peltier Lake Drive would be 3200 feet.
Mr. Lattau indicated he had overheard the developer and the City Engineer discussing the
project after the last meeting. He then expressed concern that the City Engineer was
working with the developer to figure out the numbers and questioned whether the City
Engineer is looking out for the interests ofthe City or the developer.
Mr. Lattau asked for clarification of the conversation he overheard because he felt the
conversation was inappropriate. Mr. Peterson explained that he speaks to the developer
all the time and has to commwrlcate with him if the City wants water in the development.
Mr. Lattau commented the developer wants water but none of the other residents do.
Council Member Nelson clarified that the City wants water and the developer does not
want the water.
Mr. Lattau commented that, if the City wants water, then the City should get as many
residents involved as possible and go the other way.
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City of Centerville
February 27, 2002
Council Minutes
Mr. Richard Thompson of 1657 Pehier Lake Drive indicated his first thought was he does
not need water but after reading the St. Paul paper and finding out about the potential
contamination of well water he thinks City water may be a nice option. He then asked
when the City intends to repave the street and add water on Peltier Lake Drive.
Mr. Peterson indicated it would be sometime in the next ten years and indicated the
length oftime the street can go without reconstructing would be the governing factor.
Mr. Rehbein of 1659 Lakeland Circle indicated Council has gone around and around on
the numbers and his first thought was that there was no need for water but after hearing
of possible well contamination he can see some benefit to having City water at the
development. He then said he is not opposed to the watermain extension but it comes
down to the money.
Mr. Rehbein indicated he did not feel the numbers thrown around at the last meeting were
justified by the value that is brought to the property. He then indicated he had spoken to
several different realtors and has determined that anything more than $10,000 per lot for
City water is too high.
Mr. Rehbein indicated he had gone back and reviewed the feasibility study and noted it
says the oversizing costs for the City would be $53,460. He then suggested the City
should pay the $53,460 per the feasibility study, the Main Street residents $4,000 per lot,
the developer $48,000 and DeFoe $48,000. He further indicated that his total costs for
water to each lot would be approximately $11,000 versus the $4,800 for existing
residences. Mr. Rehbein stated he would not contest that type of assessment.
Mr. Rehbein indicated he was not trying to be an obstructionist but is trying to come up
with a number that makes sense. He then indicated he had spoken to Mr. DeFoe on the
telephone and characterized the conversation by stating that Mr. DeFoe had said he
needed water less than Mr. Rehbein does and said he would challenge the assessment if
he felt it was unreasonable.
Mr. Dan Skoog of 1613 Peltier Lake Drive indicated he used to serve on the fire
department and noted the department has the advantage of being able to use drop tanks
and water from the area lakes for firefighting making hydrants not as critical as they
would be in other communities. He then indicated that the residents on Pehier Lake
Drive have paid for two roads and he is not interested in paying for a third. He further
commented that he thinks the City needs to evaluate its needs and detennine whether
hydrants are needed for the entire City or if they are only necessary in certain areas of the
City.
Mr. Skoog indicated he had sent a letter to City Hall requesting that the City provide
residents with the ability to pay bills by VISA or by direct pay from the bank. He then
indicated he had not had a response from the City.
Page 7 of24
City ofCenterville
February 27, 2002
Council Minutes
Mayor Swedberg indicated Council had discussed the matter and detennined that it is
possible for the City to accept payments electronically. He then asked Staff to look into
setting up a system to do so.
Mr. Frank Zimney of 7252 Lavelle Drive indicated he had spoken with his neighbors and
they had gotten a letter relative to the hearing tonight and he did not. He then asked
whether he would be assessed again when water comes down Lavelle Drive.
City Attorney Hoeft indicated that Mr. Zimney would only be assessed when his property
receives the benefit of water service.
Mr. Zimney inquired as to whether the City had considered the possibility that, with the
widening of County Road 14, some of the benefiting properties may not be there.
Council Member Broussard Vickers indicated the County would be paying for the
property and having water service increases the value of the property.
Mr. Zimney asked whether his property would be reassessed by the County after the
assessment amount is detennined. He then asked whether the value of the home would
be increased by $8,000 immediately.
City Attorney Hoeft indicated that the benefit to the property is that the property is more
valuable with City water. He then indicated that, if the County were to take the property,
or if anyone else buys it, the property would be worth the additional benefit provided by
City water.
Council Member Capra asked whether the County Assessor would be adding the $8,000
to the assessed value of the property for tax purposes. City Attorney Hoeft indicated he
did not want to speak for the County but said it would be possible.
Mayor Swedberg indicated the City is on a four-year cycle for assessments and it is
possible it could be up to three years before the assessment would affect the value of the
property for tax purposes.
Mr. Zimney asked if the lots at the Shores would be required to pay hook up fees in
addition to the assessment. Mr. Peterson indicated the lots at the Shores would be
required to pay hook up fees.
Mr. Zimney asked whether the total dollar amount for the project was raised by $20,000
in order to push the water under the culvert under the lake. Mr. Peterson indicated that
part ofthe reason was because of the need to bring the water under the culvert.
Mr. Zimney indicated the extra costs benefit the Shores. Mr. Peterson indicated there are
always obstructions when you have to jack underneath a road not just with the culvert.
He also indicated that running the water under the culvert benefits Waterworks and the
other DeFoe property not just the Shores.
.
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Febl"UllI)' 27, 2002
Council Minutes
Mr. Zimney commented that it looks like the extra costs can be attnbuted to the
properties from Peltier to the west. Mr. Peterson indicated the $20,000 was not just for
bringing water under the culverts but for the additional costs associated with the need to
dewater during the directional drilling.
Mayor Swedberg asked whether Staffwas prepared to discuss water priorities for the
City.
Mr. Palzer indicated most ofthe priority items would be explained in the report otherwise
it is a political decision as to the importance of who gets water first. He then indicated
that the cheapest way for the City to provide water to the residents is when development
occurs.
Council Member Capra indicated she would like to review past issues with Peltier Lake
Drive. Mr. Palzer noted residents did not pay anything for the road because it carne out
of the general fund.
Council Member Nelson said she feels confident that either cost estimate six 6 or 7 shows
proper benefit to the owners and she is in favor of the project proceeding.
Mayor Swedberg asked City Engineer Peterson the approximate cost of preparing the
plans. Mr. Peterson indicated the preparation of the plans would cost approximately
$15,000. He then noted that, once the plans have been prepared, the plans can be used at
any time if this project does not proceed at this time.
Motion bv Council Member Nelson, seconded bv Council Member Capra to
approve Resolution 02-004 as presented.
Ms. Moore-Sykes indicated this was a housekeeping matter because Council had
previously accepted the feasibility study by motion.
Mayor Swedberg asked why Mr. Rehbein had said he was not using 429 financing but the
Resolution says 429 financing will be used.
Mr. Rehbein explained that private financing would be used for developing the Shores
but the City is using 429 to get water to the property.
Council Member Travis said he had mixed feelings because he feels the City could
potentially get stuck with the bill for this if Mr. Rehbein and Mr. DeFoe were to contest
the assessment and win.
Aves - 2 (Nelson/Capra), Navs - 2 (SwedbeJ'2ITravis), Abstain -1 (Broussard
Vickers). Motion failed.
City Attorney Hoeft clarified that the motion did not pass.
Page 9 of24
City of Centerville
February 27, 2002
Council Minutes
Council Member Nelson indicated Council had already approved the feasibility study by
motion at a previous meeting.
City Attorney Hoeft clarified that Council would not be committing to anything by
approving Resolution 02-004 and noted it is merely a housekeeping item previously
approved by motion and the 429 process requires approval by resolution.
City Attorney Hoeft suggested Council should approve the feasibility study because the
City had paid for it.
Motion bv Council Member Nelson. seconded by Council Member Capra to
approve Resolution 02-004 as presented. Aves - 4. Navs -1 (Swedbel'l!). Motion
carried.
Motion bv Council Member Nelson. seconded by Council Member Capra to
approve Resolution 02-005 as presented.
Council Member Travis indicated he had reservations about proceeding with the project
because he is concerned that the assessments would be challenged. He then commented
that without water the subdivision would still move forward.
Council Member Nelson indicated she would not vote to approve the project without the
water.
Mr. Rehbein said he would be curious as to what legal grounds Council could use to stop
the development because the development meets all the requirements and he is not asking
for a rezoning.
City Attorney Hoeft indicated Mr. Rehbein was correct and noted the project, as far as
the recorded plat, is essentially done and needs no further internal approvals.
Council Member Travis asked why the property was being discussed in terms of 10 lots
and the assessment being challenged because it is too high for the 10 lots. City Attorney
Hoeft clarified that the assessment is a benefit to the total piece of property but said in
order to get an idea as to whether the assessment is appropriate the costs were broken
down by the 10 lots, as proposed for the development, to determine a per lot cost.
Council Member Broussard Vickers asked if the City has to consider the developer's
internal costs when assessing and determining the benefit to the property.
City Attorney Hoeft indicated that the City needs to look at the benefit to the property
and looking at the costs of the project gives a guideline to determine total costs for the
project. He then noted that providing water to Mr. Rehbein's property provides a benefit
to that property. He also noted that part of the consideration is to determine how much it
Page 10 of24
City of Centerville
February 27, 2002
COlUlcil Minutes
would cost to develop the property both before and after water is available and noted the
City could hire an appraiser to determine that number.
Council Member Nelson asked if someone challenges the benefit to the property and the
judge ruled that the benefit to the property was less than what the City was assessing does
the City pay for the remaining costs. City Attorney Hoeft indicated that, ifno appeals
were filed, the City would be required to pay the remaining costs.
Council Member Capra asked if, for instance, Mr. Rehbein does not agree to $60,000 and
challenges the assessment would the judge ever say he had to pay no assessment. City
Attorney Hoeft indicated that there is a benefit to the property and Mr. Rehbein
understands that but the value ofthe benefit is in question.
Council Member Capra asked whether the City would be able to use funds out ofthe
water fund to cover any remaining costs resulting from a challenged assessment. City
Attorney Hoeft indicated the City had options for where to recoup those dollars.
City Attorney Hoeft indicated he was not an appraiser but said he feels $4000 as an
assessed value to the properties could be sustained, if challenged. He then said it may be
possible for Mr. Rehbein to challenge a per lot cost of$10,000 or more. He further stated
that, at this point, it is a political decision for the City as to whether or not to proceed
with the project.
Council Member Travis asked how much money was in the Lakeland Hills account paid
by the developer for future water expansion. Ms. Moore-Sykes indicated there was
$50,000 in the Lakeland Hills account.
Mayor Swedberg said he thought the Lakeland Hills account was one ofthe accounts
showing negative numbers. Ms. Moore-Sykes indicated she would look into the matter.
Council Member Travis commented that he thinks the City should take advantage of
getting water to the area by utilizing the developer and the funds in the Lakeland Hills
account but he said he does not feel the taxpayers of the City should have to pay if
assessments are challenged.
Mr. Rehbein indicated he wants to work with the City to come up with numbers that
make economic sense.
Aves - 4. Navs -l(Swedbel'l!:). Motion carried.
Mayor Swedberg noted the City would be expending dollars for plans and specifications
on the project.
City Attorney Hoeft indicated the plans and specifications would be prepared and the
City Engineer would come back before Council with the plans before putting it out to bid.
Page 11 of24
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February 27, 2002
Council Minutes
Council Member Broussard Vickers indicated that all users ofthe City's water system
benefit by adding other areas to the system because looping the system improves the
system.
Council Member Travis commented that the City may not have to build another water
tower if it opted not to run water to all those that currently do not have it.
Council Member Broussard Vickers indicated the biggest challenge for the City is
determining a fair assessment and figuring out a way to fund the rest ofthe project. She
then indicated that priorities for the water system should be suggested but she did not see
the need to order a fonnal study at this time.
Mr. Peterson reminded Council that the water interconnect with Lino Lakes was to be a
six year agreement and noted the City may need to build the second water tower if
required to disconnect from that water line.
Council Member Travis suggested approaching Lino Lakes to see if they would have an
issue with extending the deadline for disconnecting.
Council Member Capra indicated Hugo would be using water from Lino Lakes for a new
development and Lino Lakes had said it wants Hugo to be able to provide water to future
developments.
Council directed Staff to inquire into whether or not there is pressure to disconnect from
the water interconnect.
Council Member Travis pointed out that CenterviIle paid the $50,000 or $60,000 for the
interconnect.
4. Resolution 02-003 Transferring Funds
Ms. Moore-Sykes indicated she had been researching the deficit accounts for information
as to how or why the accounts ended up in the current state. She then explained that one
developer went bankrupt, in the past assessments were based on the engineer's estimates,
those estimates have been low, and the City has to make up the difference.
Ms. Moore-Sykes explained that when the assessments were made when doing the
calculations City Staff counted on future interest because they thought more residents
would not be able to pay the assessment offup front and would have to pay over time
with interest and that has not happened.
Mayor Swedberg asked whether any of the projects with deficits had letters of credit that
could be tapped.
City Attorney Hoeft indicated the letter of credit is sometimes only for improvements and
other times during 429 financing it is to cover the costs of the infrastructure.
Page 13 of24
City ofCenlerville
February 27, 2002
Council Minutes
Mayor Swedberg said going forward he does not want to run into situations where the
City is having to take thousands of dollars out of the general fund to cover overages.
City Attorney Hoeft indicated that, from a legal standpoint, development contracts now
require security of 150% which should take care of this issue. He then noted that was not
done in the past.
Mayor Swedberg asked whether the City Engineer is made aware that a project is
reaching the estimated amount and, if so, does the City Engineer notify the City that the
budgeted amount may be exceeded.
Mr. Peterson indicated the assessment hearing is held after completion of the project so
the costs are known. He then indicated that if something is going over he would be made
aware and further noted that he builds in 10% for cost overages.
Mayor Swedberg noted that the deficit account overstates that the City has more money
than it really does.
Council Member Nelson indicated the bills have already been paid but the books do not
accurately reflect where the money is. She then commented when she first looked at the
books it appeared to her the City had more money than it does because reconciliations
need to be made.
Mayor Swedberg indicated he would prefer to resolve the deficit accounts through the
budget rather than by drawing down the general fund.
Council Member Travis asked whether the developments named as deficit accounts had
upsizing and, if so, whether the funds had been credited. He then asked how these
accounts get into the red.
Mr. Palzer indicated he was not sure if all the projects were credited from the water and
sewer funds. He then commented there were some projects that came in under estimates.
Mayor Swedberg indicated that, if records exist, it would be valid to transfer funds from
the water and sewer fund to balance out the deficit account.
Council Member Nelson indicated she had requested to find out whether or not a portion
of the public works building was funded through the sewer and water fund. She then
asked whether Staffwas able to verify whether or not a transfer had been made. She
further commented that it would seem appropriate to justify the cost ofthe building with
the same formula used for salaries from the sewer and water fund.
Ms. Moore-Sykes indicated she would ask Ms. Bender to e-mail the information
concerning the public works fitcility to Council.
Page 14 of24
City of Centerville
February 27,2002
Council Minutes
Council Member Capra indicated she would like the auditor to explain, in layman's
terms, where the City can take the funds to clean up the accounts.
Council Member Nelson indicated the funds needed to come out of the general fund.
Council Member Broussard Vickers indicated she was not sure where to move the money
from. She then indicated she would like to support Staff's request to wait until after the
audit and asked Staff to gather further information on the deficit accounts while waiting
for the results of the audit.
Council Member Nelson noted if the funds are moved from the general fund the City
would need to reduce expenditures to cover it because the reserve amount for the general
fund is not appropriate.
Mayor Swedberg said the City cannot keep the 2001 books open indefinitely.
Council Member Nelson indicated that adjustments can be made in the prior year until
the audit is finished.
Council Member Broussard Vickers indicated that the capital expenditure funds should
not to be spent if the intent is to use those monies to clear the books.
Mayor Swedberg said he would feel comfortable if Ms. Moore-Sykes guarantees Council
that money will not be spent in those accounts.
Ms. Moore-Sykes indicated she would need Council approval for expenditures.
Council Member Nelson indicated she does not want to use the capital improvement
funds until after the TIF situation and the deferred compensation situation have been
resolved.
Council Member Broussard Vickers asked Staff to gather information concerning the
deficit funds and detennine whether there was a transfer from the water and sewer fund
for the public works facility.
Council Member Nelson asked if the audit would take place in March.
Ms. Moore-Sykes indicated the audit would take place in April.
Council Member Nelson indicated she does not want to wait until June to clear these
issues up and said the auditor may be able to give answers on issues to begin cleanup
some time in the next month.
Mayor Swedberg indicated there is some urgency with this matter because as the City
proceeds further into the budget cycle fewer choices are available for reconciliation of the
deficit accounts.
Page 15 of24
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City of Centerville
February 27, 2002
Council Minutes
Council Member Nelson asked Staff to provide the exact amounts of the deficit funds so
Council will know where the City is on the matter.
vm. NEW BUSINESS
1. Resolution #02-004 Ordering Preoaration ofFeasibilitv Studv - The Shores
This item was heard under The Shores watermain extension discussion.
2. Resolution #02-005 Ordering Improvement and Preparation of Plans - The Shores
This item was heard under The Shores watermain extension discussion.
3. Joel McPherson. Public Works - Successful Completion of First Year of
Employment with the City of Centerville
Ms. Moore-Sykes indicated Mr. Palzer had done a performance evaluation and it was
satisfactory. She then indicated this matter is a request to proceed to the next pay level
per the union contract.
Motion bv Council Member Capra. seconded bv Council Member Nelson to
authorize an increase for Mr. McPherson per the union contract. All in favor.
Motion carried unanimously.
4. Ordinance #4 Amendments
Mayor Swedberg said he would like to sit with the Planning and Zoning Commission to
discuss the volume of changes to the Ordinance.
Council Member Nelson indicated she had questions concerning the changes.
Mayor Swedberg indicated he would like to know why the changes are being made rather
thanjust looking at a strikeout and noted an explanation would have been more helpful.
Council Member Broussard Vickers indicated that most of the changes involve
clarification and said most of the language in the commercial and industrial sections
came from Mr. Palzer.
Mr. Palzer indicated that some of the items used to be in the old Ordinance #4 but were
left out and he is recommending including the language again.
Mayor Swedberg indicated he was not sure what was being fixed and why it was being
fixed and would like more of an explanation.
Page 16 of24
City ofCenterville
February 27, 2002
Council Minutes
Council recessed at 8:35 p.m.
Council reconvened at 8:41 p.m.
2. Ew!le Pass 2nd Addition
Ms. Moore-Sykes indicated she was researching whether the sewer charges were paid for
the full parcel when Phase I was buih out. She then indicated she needed to speak to Mr.
Quigley who is unavailable until March 7,2002.
Council Member Travis suggested reviewing the Developer's Agreement because it
should indicate what sewer charges were paid.
Ms. Moore-Sykes indicated the amounts ofthe checks she has located do not match the
Developer's Agreement and she needs to speak to Mr. Quigley for cJarification.
Motion bv Council Member Broussard Vickers. seconded bv Council Member
Capra to table this matter for further information. All in favor. Motion carried
unanimouslv.
3. Work PIan Water Infrastructure
Mayor Swedberg asked if Council could get a simple map that shows where water needs
to be put in. Mr. Peterson handed out a City base map showing all the watermains.
Mayor Swedberg asked for a ballpark number per foot for water. Mr. Peterson indicated
the numbers vary depending on the size of the pipe but estimated a cost of$50.00 to
$75.00 per foot for watermain. He then noted that estimate did not take into
consideration any surface restoration.
Mayor Swedberg asked ifit was possible to save money by running the water next to the
road rather than underneath it. Mr. Peterson explained that there is a standard location
for the various utilities and changing the system interferes with the other utilities.
Mayor Swedberg asked whether the City should plan to fund a certain amount of water
each year without having to assess to pay for it.
Council Member Broussard Vickers indicated the City cwmot fund paying off debt and
she is not sure how the City can avoid assessing people. She then commented that she
feels the way water has been done in the past is the most efficient but the City is nearing
the end of development and needs to determine how to fund the rest of its watermain
expansion.
Council Member Nelson said she feels all of the people that already have water were
assessed in one way or another for water, either when they bought their property or when
water came down their street, and she does not want to pay for someone else's water.
Page 12 of24
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City of Centerville
February 27, 2002
Council Minutes
Mr. Palzer indicated corner lots, in the previous ordinance, had two front yards and two
side yards but no rear yard, He then indicated the shed requirements were based on a
percentage of the rear yard but corner lots had no rear yard. He further indicated the
numbers in the ordinance clarify and address that type of situation.
Mr. PaIzer indicated the Ordinance is hard to enforce when it conflicts upon itself and
Staff is not sure which requirement is the more stringent requirement.
Council Member Broussard Vickers indicated she was not interested in going back to
Planning and Zoning on this Ordinance because that would further hold up the changes
and there are people waiting for the changes in order to proceed with their projects. She
then indicated that either she or Council Member Travis should be able to explain the
intent of Planning and Zoning with regard to questions Council may have.
Council Member Capra asked whether adding a provision concerning boats and docks
could be added to the Ordinance tonight without starting the process over. City Attorney
Hoeft indicated that making a substantive change to the Ordinance would mean starting
over.
Council Member Broussard Vickers suggested holding that change to the next set of
amendments to the Ordinance.
City Attorney Hoeft indicated Council could pass any portion ofthe Ordinance or none of
it but said that the issue of storage of boats and docks will not be an issue again until next
winter.
Council Member Broussard Vickers asked if there was a list of changes to the Ordinance.
Ms. Moore-Sykes indicated a list was not provided to Council with the Ordinance
changes.
Council Member Broussard Vickers indicated that, in the future, a master sheet would be
more helpful.
Council Member Broussard Vickers asked if the amended date is the date published or
the date voted on.
City Attorney Hoeft indicated that the City needed to decide which date to use and be
consistent. He then recommended using the effective date and noted the changes are
effective after the date of publishing,
Council Member Broussard Vickers asked Staff to verifY the effective dates on the
Ordinance.
Council Member Nelson indicated the first change is to allow nonconforming structures
for 12 months rather than 6 months.
Page 17 of24
City of Centerville
February 27, 2002
Council Minutes
Council Member Broussard Vickers noted that change was to be consistent with state
law.
Council Member Broussard Vickers on Page 19 pointed out a corrected double negative.
Council Member Broussard Vickers noted the change on Page 20 changed the word
minimum to maximum. The Change on Page 20 makes a change to include all buildings
in the site review process. The new language allows time for publishing and staff review
of the site plan.
Council Member Broussard Vickers on Page 21, it is double worded so the language
except during inclement weather approved in the fee structure is struck out.
Ms. Moore-Sykes asked that the second version of the language be left in because it
included the escrow language in it.
Council Member Broussard Vickers indicated that Page 26 starts the addition ofthe
commercial and industrial information that Mr. Palzer had asked to have added back into
the Ordinance to help with enforcement.
Mayor Swedberg pointed out that the added language refers to Section 36 for off street
parking and he does not find a Section 36. He then asked Staff to double check to make
sure the sections were properly referenced.
Council Member Broussard Vickers asked if a table of contents was available. Ms.
Moore-Sykes indicated there was not a table of contents available at this point.
Council Member Nelson asked why this language needed to be added to the Ordinance.
Mr. Palzer indicated Council would need to take that up with Planning and Zoning.
Council Member Broussard Vickers indicated this wording was presented by Mr. Pa1zer
and the Planning and Zoning Commission thought it seemed reasonable.
Mr. pa1zer indicated the language was in Ordinance #4 but was accidentally eliminated.
Council Member Broussard Vickers said she felt the language was inadvertently left out
and noted there was no concern at Planning and Zoning as to whether it needed to be in
the Ordinance because it was based on Staff recommendation based on problems with
enforcement.
Council Member Capra noted a lot of the language is the same as what is in the
residential part of the Ordinance. She then indicated she did not see anything that was
confusing even thought it seems duplicative. She further indicated that Mr. pa1zer had
presented the language to assist with enforcement and she does not have an issue with it.
Page 18 of24
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City of Centerville
February 27, 2002
Council Minutes
Mayor Swedberg asked Mr. Palzer how the language concerning refuse on Page 29
would be enforced. Mr. Palzer indicated the Health Department and City Council would
determine if an unsanitary condition existed.
Mayor Swedberg said the language seemed "fluffy". He then asked how Staff intended
to enforce it. City Attorney Hoeft indicated he had not heard of a jury trial over a refuse
container and said that having the language in the Ordinance establishes a basis to be able
to enforce it.
Council Member Travis confirmed that the sign language was removed because the
language was moved into Ordinance #39, a separate sign ordinance.
Council Member Broussard Vickers indicated there is a separate sign ordinance.
Mayor Swedberg questioned whether the towing company is an allowed usage in a
commercial zoning district.
Ms. Moore-Sykes indicated whether or not the towing company is an allowed usage is a
matter of interpretation.
Mayor Swedberg asked whether the towing company could be considered a salvage
operation if it has a lot of cars sitting on the lot for an extended time.
Mayor Swedberg indicated his question is whether the towing company is appropriately
sited.
Mr. Palzer indicated he would interpret a salvage operation as an operation that involves
parting out the vehicles and crushing them. He then stated he does not feel the towing
company is a salvage operation.
Council Member Broussard Vickers indicated the Ordinance would need to exclude
towing operations to enforce this.
Mr. Palzer indicated the City has two businesses that tow vehicles and have separate
impound facilities in a fenced in area.
Mayor Swedberg indicated he would have no problem with the towing company being in
an industrial area but where it is located in the commercial zone it backs up to a
residential area.
Mr. PaIzer indicated the City eliminated the special use permits when Ordinance #4 was
created and lost the ability to control this type of issue.
Council Member Broussard Vickers indicated that, based on classes attended that said the
City should not legislate by special use permit but make the wording in the Ordinance
clear, the decision was made to eliminate the use of special use pennits.
Page 19 of24
City of Cenlerville
February 27, 2002
Council Minules
Mayor Swedberg said he does not think it is a commercial use.
Council Member Broussard Vickers asked Staff to put docks, boatlifts, swim rafts, and
the towing company on the list for the next batch of Ordinance amendments.
Council Member Broussard Vickers indicated wording was added to allow kennels but
the Ordinance does not have a definition of kennel.
Mayor Swedberg expressed concern for the number of dogs that would be allowed at the
kennel.
Council Member Broussard Vickers indicated that the nuisance and noise ordinances and
the State would govern the spacing for the animals.
City Attorney Hoeft recommended defining kennels in the Ordinance.
Council Member Broussard Vickers noted the animal ordinance has a definition of kennel
and she suggested looking at the wording.
Council Member Nelson indicated she felt it was appropriate to leave the language
concerning aduh oriented businesses on Page 34.
Council Member Broussard Vickers indicated the City has an adult use ordinance.
Council Member Nelson said she would prefer to leave it in this Ordinance as
clarification.
Mayor Swedberg expressed concern with removing the language concerning the storage
of outside equipment and supplies and then noted there is currently an issue with Mueller
Pipeliners because there is not enough screening and Council has no authority to force
more screening.
Mr. Palzer indicated that storage is addressed in another area in the Ordinance and this
was proposed to clarifY the matter because Staff currently has to read three sections to get
the entire intent of the Ordinance. He then pointed out that Section 135 - 140
specifically requires that everything needs to be kept indoors.
Mayor Swedberg asked whether the City could correct the outside storage issue at
Mueller Pipeliners at this time. Mr. Palzer indicated that Council did not require benning
at the site.
Mayor Swedberg indicated he was told that Mueller would agree to mound more dirt on
that side to screen the property from residents on the other side. Ms. Moore-Sykes
indicated that she is not certain whether Mueller would be amenable to providing more
screening.
Page 20 of24
City of Centerville
February 27,2002
Council Minutes
Council Member Travis indicated that all the equipment would be gone by summer.
City Attorney Hoeft suggested moving the last sentence of the first paragraph concerning
adult oriented businesses to the beginning ofthe Ordinance for clarification.
Mr. Palzer explained that along Peltier Lake there was some concern that if it was
necessary to rebuild their homes they would be required to stay back at 75 feet and
neighboring homes would be closer. He then noted this language would allow residents
to go half the distance of the adjoining properties.
Council Member Broussard Vickers noted the shoreland ordinance could change this
requirement and would be more specific.
Mayor Swedberg indicated the people at Buechler Estates argued this point.
Mr. Pa1zer indicated there was an issue of approving pads on the subdivision and no
specific requirement to build on the pad. City Attorney Hoeft indicated the pads were
drawn to show essentially where the houses would be but noted the only requirement was
a ISO-foot setback. All the homeowners built on the pads and Mr. Buechler built his
house at 150 feet causing the issue.
Council Member Broussard Vickers suggested the City should be more clear on the
requirements ofthe Wetland Conservation Act and said the City should uphold the
recommendation of the DNR concerning the natural buffer area.
City Attorney Hoeft indicated the natural buffer zone would be defined in the Wetland
Zoning Act.
Mayor Swedberg asked whether the City could control someone from clear cutting all the
trees on their property. He then asked whether someone could cut all but one tree and not
be called a clear cut.
Council Member Broussard Vickers indicated residents could cut down trees if they
wished and noted that she did not consider a lot a woodland. Mr. Pa1zer indicated that
every woodland in town has been cut with the exception of Cedar Street Park.
Mr. PaIzer indicated that the City ofLino Lakes has a requirement that any tree that is
larger than four inches, if cut down, a certain number of trees must be replanted.
Council Member Nelson asked why the responsibilities of the Clerk and Building
Inspector were removed on Page 67.
Council Member Broussard Vickers indicated the responsibilities were removed from the
Ordinance because the zoning ordinance is not an appropriate location for them.
Page 21 of24
City of Centorville
February 27, 2002
Council Minutes
Council directed Staff to provide only the changed pages and a list of corrections for the
next review of the Ordinance.
Council Member Nelson asked what the information provided by Staff was because she
did not feel it is a typical bank reconciliation.
Ms. Moore-Sykes indicated that she had provided the information to Council that was
given to her by Staff. She then noted that Staffwas unable to find the $1,000.
Council Member Nelson indicated she would like to see a reconciliation with a beginning
and an ending balance.
IX. CONSENT AGENDA
1. The City ofCenterville February 14, 2002 through February 27, 2002
Expenditures.
2. Centennial Fire District Expenditures
3. Establish Escrow Requirements for Final Grading/Sod Escrow & Quarterly Water
Fee (Resolution #02-006)
Mayor Swedberg requested that Item 3 be removed for discussion.
Motion by Council Member Capra, seconded by Council Member Nelson to
approve Consent A2enda Items 1 and 2 as presented. All in favor. Motion carried
unanimously.
Ms. Moore-Sykes indicated this matter came to her attention when Staff taking utility
payments up front were questioned as to why, ifa resident uses only a minimum of water,
there is a quarterly fee and a usage charge. She then indicated she would like to clearly
state there is a quarterly fee regardless of usage.
Mayor Swedberg clarified that the City is not changing the fee just clarifying what it is
called.
Ms. Moore-Sykes indicated there has been confusion because residents think if they use a
minimum of water they only have to pay $17.00.
Council Member Broussard Vickers suggested calling the tee a water system
maintenance fee instead of a water usage fee.
Ms. Moore-Sykes indicated the other issue concerns establishing an escrow amount for
landscaping and final grading to ensure that those properties closing in the winter install
the sod and complete the final grade when the weather pennits.
Council Member Travis asked if this escrow would be in addition to the sod escrow. Mr.
PaJzer indicated the City had eliminated the $800.00 sod escrow. He then indicated he
'.
Page 22 of24
City ofCenterville
February 27, 2002
Council Minutes
feels the $ 1 ,500 escrow should cover getting the work done in according with the final
grading plan.
Mayor Swedberg asked if it would be more appropriate to wait until after the changes are
made to Ordinance #4.
Ms. Moore-Sykes indicated there were two properties that needed to close in the next day
or so and she had agreed to sign a document to allow them to close once the $1,500
escrow payment was provided.
City Attorney Hoeft indicated there was not a problem establishing an escrow and urged
Council to make sure that the escrow is high enough to ensure the project could be
completed. Mr. PaJzer indicated the developer for Hunter's Crossing has been requiring
that the homeowner issue a $1,500 check to the developer to make sure the work is
completed and this would be in addition to the $1,500 escrow to the City.
Ms. Moore-Sykes indicated the City currently has no lever with the contractor and needs
to establish this fee at tonight's meeting.
Council Member Travis noted the escrow is an incentive to get them to corne back.
Motion bv Council Member Capra, seconded bv Council Member Nelson to
apProve Resolution #02-006 witb tbe wordinl! cbanl!e for the water usal!e fee to be
called a water system maintenance fee. All in favor. Motion carried unanimouslv.
Council Member Travis indicated Council had been telling residents that the probable
hook up fee for City water would be $1,500. He then indicated he saw a unit connection
fee on the fee schedule of $2,900 and asked what that was for.
Mr. Palzer indicated the unit connection charge came from the Mill Road water project
when residents were not assessed and noted it only applied to Mill Road residents.
Council Member Broussard Vickers clarified the City would not be applying this unit
connection charge to new development so the $ 1,500 is the correct hook up fee.
X. COMMITTEE REPORTS
None.
XI. ADMINISTRATOR'S REPORT
Council Member Nelson indicated she would like to have an update concerning the status
of the personnel policy added under Old Business and continually receive an update at
each Council meeting.
Page 23 of 24
,
..
-'
City of Centerville
February 27, 2002
Council Minutes
.
Council Member Broussard Vickers suggested setting a reasonable time frame for
completion of the personnel policy and said she did not need an update at every Council
meeting.
Council Member Nelson indicated she would like the personnel policy completed within
the next three or four months.
Council Member Broussard Vickers asked if that was a reasonable time frame for Staff.
Ms. Moore-Sykes indicated timing would depend on how the hiring process for the
finance director proceeds.
Council Member Nelson indicated she would like to discuss the exempt status of the
Public Works Director and Finance Director positions at the next Council meeting. She
then asked Staff to add it to the agenda.
Council Member Nelson indicated that exempt would mean being exempt from premium
overtime pay.
Council Member Nelson indicated she would like information as to how many hours the
Public Works Director spends conducting management activities versus his other tasks.
He then indicated she would like to have Mr. Hoeft's personnel experts evaluate the
issue.
XII. ADJOURNMENT
Motion bv Council Member Travis. seconded bv Mavor Swedbere to adiourn tbe
February 27. 2002 City Council Meetin2 at 10:50 p.m. All in favor. Motion carried
un8nimouslv.
Transcribed by:
Joan Lenzmeier, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
Page 24 of24
.
March 7, 2002
.
Dear Mayor Swedberg and Council members,
I would like to make you aware of an organization in the
Quad City area, Boy Scout Troop 103. Originally chartered
in the early 1980's through th St. Joseph Catholic Church,
the troop rechartered in 1998 with 5 boys. Our troop has
doubled in size this year and now has 40 registered scouts.
We are very proud to have just promoted our first Eagle Scout.
Community involvement is a part of scouting we take very
seriously. This year we collected over 1,000 pounds of food
for the Centennial Food Shelf, participated in several roadway
cleanup operations, and acted as color guard for prayer services
after September 11. We also planted trees around St. Joseph
Church to replace ones destroyed by a tornado, and acted as
an escort for the Blaine Knights of Columbus float in Blaine's
4th of July parade. Our boys participated in these activities
as a unit, but many have adopted additional projects in their
own neighborhoods.
particip~on in camping and outdoor activities is what
makes scouting so memorable for many boys. We participate
in 10-12 camping or outdoor activities per year, and this
includes winter camp. Parental involvement has been actively
promoted and we routinely have a 2:1 (scout'parent) ratio
at our campouts.
We are doing a number of things very well and feel that
Our troop is steering a course for success. However, with
our recent explosive growth, we are suddenly facing a difficult
situation. How do we provide the addional equipment that
we will need on campouts? Turning boys away is not an
alternative, so we are now faced with a great need for camping
equipment (i.e. tents, patrol boxes, cook stoves, cooking
gear). We also know that we will be needing a troop equipment
trailer very soon.
Fundraising has emerged as an area we will really have
to focus on. The boys continue to help themselves, and the
troop, with Christmas wreath and popcorn sales. They have
also sold potted plants, and helped at pancake breakfast
fundraisers. Although these have been steady and reliable
fundraisers, they are also characteristically slow producers.
So one of the ways we are attempting to raise the funds to
obtain new equipment is to approach local organizations that
have charitable gambling. While trying to find out the names
of such organizations in Centerville I learned that a
percentage of charitable gambling proceeds goes to the city.
We were encouraged to prepare something for your consideration
and are hopeful that we will be able to count on some support
from you.
We are still in the process of getting prices for our
needed equipment, but we know the amount will be much greater
than we dare ask you for. So we would like to ask for $500.00.
You can be absolutely sure that every dollar of that would
be used for the scouts benefit, and that an investment in
scouting will be repaid many times over in the community.
Regards,
~l",~ -S:v~-<'407V .
/U()~~~
CITY OF CENTERVILLE
03/13/02 2:21 PM
Page 1
*Check Summary Register@
MARCH 2001
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
ANOKA COUNTY
BLAINE BROTHERS, iNC.
BONESTROO, ROSENE. ANDERLlK
CULLIGAN
GOPHER STATE ONE CALL INC
HAWKINS WATER TREATMENT
IRS/COUNTY BANK
MENARDS - FOREST LAKE
MINNESOTA DEPT OF REVENUE
NATIONWIDE RETIREMENT SOLUTION
PRESS PUBLICATIONS
PUBLIC EMPLOYEES INS PROGRAM
PUBLIC EMPLOYEES RETIREMENT
SAM'S CLUB
US BANK CORPORATE TRUST SVCS
XCEL ENERGY
Total Checks
$266.25
$445.33
$7,431.80
$14.22
$3.10
$87.86
$4,063.24
$83.21
$619.34
$1,162.00
$34.38
$3,059.48
$1,551.22
$93.70
$350.00
$705.76
$19,970.89
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Help Center: American Red Cross in Greater New York
..
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NlAI:rH.~ WlWIrIIIER HELPCENTER _tIGW
Emergency SelVices
. CO\ll1SCling Materials
. F AO Archive
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file)
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Affected by A yiatioll
Disas1el"~ (pDF file.
also
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Homeless SelVices
. AV:lllable Programs
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Transportation SelV.
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Time After Time... We'll Be There
Q. How Cl\ll I be more pr!lPared for
disasters?
Q. IS more financial assistaJl~
available for. those who have already
received gifts?
Q. What are the. rtJ(luirements to
receive aid?
Q. lo;temoorarv housiJJg or financial
aid available to victims of the World
Trade~enter disaster?
Q. How C8l1 I help out with th~
'IV orld T[,!de Center disast<:r?
Q. Does the Red Cross accept
donations offood. clothing. and
~ (gifts in,kind)?
Q. 'Where can I find mental health
))!"ofessionals to C()lIDsel those who
have been affected b.Y the World
I.rade Center disaster.
Q. Where can I donate blood?
http://www.arc-gny.org/helpcenter/index.htm
Name:
ITeresa
Telephone,
1651.429.3232
E-mail:
Itbender@centerviller
Type in question and click
IISubmif',
We would like ..
to donate
oney to the
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[ SUbmit]
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3/7/02
Help Center: American Red Cross in Greater New York
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@2001 American Red Cross in GreaIer New YOlk, All Rights R8ll<lI1I<ld.
Home
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.' '-.
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;-~:.f"
IAFF: News From The Field
Page 1 of2
Sit.:.- Inde.lt.
SlIc Search.
0Y.0!J1)"1?l.lbrat)'-
R~t Asststal)(<1OI .
IAFF Establishes Charity Fund
IOONATE NOwl
Sept. 13, 2001, 10a.m. -- In the wake of Tuesday's tragedy, the IAFF is
preparing to send financial assistance to the families of all fallen fire fighters
and to coordinate efforts to assist fire and EMS personnel on the scene in New
York City.
"The International and its members are mourning the loss of our brothers and
sisters," said Schaitberger. "There will be many funds established to help the
victims. We are encouraging our members to ask other friends of the fire
service to donate to the New York Firefighters 9-11 Disaster Relief Fund.
This money will go directly to the families of the fallen fire fighters and EMS
personnel in New York City."
"This fund is the only fund officially endorsed by the IAFF and the Executive
Boards of Uniformed Firefighters Association of New York, local 94 and
New York Uniformed Fire Officer Association, local 854," Schaitberger
continued. "Our brothers and sisters appreciate this generosity."
"In the aftermath of this tragedy, the families of our fallen brothers and sisters
shouldn't have to worry about money," said Vinnie Bollon, General Secretary-
Treasurer of the IAFF. "The New York Firefighters 9-11 Disaster Relief Fund will
make sure they get the assistance they need."
Contributions are tax deductible.
Send checks payable to "The New York Firefighters 9-U Disaster Relief
Fund" to:
New York Firefighters 9-11 Disaster Relief Fund
PO Box 65858
Washington D.C. 20035-5858
OR
Wire the money at ABA # 026 003 379 and bank account# 846 011 67.
The funds are held by:
Amalgamated Bank
1825 K Street
N.W. Washington, DC 20006
Please write to billingquestions@iaff.org for any specific billing related
questions about donations made to New York Firefighters 9-11 Disaster Relief
Fund.
http://daily.iaff.org/fund.htm
3/7/02
~. .
~.
4
IAFF: News From The Field
Page 2 of2
, ;.,. ~
.
.iilii. Click here for World Trade Center Line of Duty Death and Missing in
''9 Action announcements
~.j
The International has also received many calls offering assistance ranging from
personnel, equipment, supplies, and technical expertise as well as expressions
., of condolence.
'if"'
If you would like to offer assistance, please click here or send an email
with your contact information to assistance@iaff.org. All emails will receive a
response and will be forwarded to appropriate officials on scene.
Please direct your questions and concerns related to specific FDNY
personnel to FDNY Personnel Hotline at 718-999-2541
Click here for stories related to the New York tragedy
International Association of Are Fighters
1750 New York Ave., NW, Washington, DC 20006.202.737.8484.202.737.8418 (Fax)
http://daily.iaff.orglfund.htm
317102
I
.
March 7, 2002
or Swedberg and Council members,
uld like to make you aware of an organization in the
y area, Boy Scout Troop 103. Originally chartered
early 1980's through th St. Joseph Catholic Church,
'op rechartered in 1998 with 5 boys. Our troop has
d in size this year and now has 40 registered scouts.
e very proud to have just promoted our first Eagle Scout.
Community involvement is a part of scouting we take very
seriously. This year we collected over 1,000 pounds of food
for the Centennial Food Shelf, participated in several roadway
cleanup operations, and acted as color guard for prayer services
after September 11. We also planted trees around St. Joseph
Church to replace ones destroyed by a tornado, and acted as
an escort for the Blaine Knights of Columbus float in Blaine's
4th of July parade. Our boys participated in these activities
as a unit, but many have adopted additional projects in their
own neighborhoods.
particip~on in camping and outdoor activities is what
makes scouting so memorable for many boys. We participate
in 10-12 camping or outdoor activities per year, and this
includes winter camp. Parental involvement has been actively
promoted and we routinely have a 2:1 (scout:parent) ratio
at our campouts.
We are doing a number of things very well and feel that
our troop is steering a course for success. However, with
our recent explosive growth, we are suddenly facing a difficult
situation. How do we provide the addional equipment that
we will need on campouts? Turning boys away is not an
alternative, so we are now faced with a great need for camping
equipment (i.e. tents, patrol boxes, cook stoves, cooking
gear). We also know that we will be needing a troop equipment
trailer very soon.
Fundraising has emerged as an area we will really have
to focus on. The boys continue to help themselves, and the
troop, with Christmas wreath and popcorn sales. They have
also sold potted plants, and helped at pancake breakfast
fundraisers. Although these have been steady and reliable
fundraisers, they are also characteristically slow producers.
So one of the ways we are attempting to raise the funds to
obtain new equipment is to approach local organizations that
have charitable gambling. While trying to find out the names
of such organizations in Centerville I learned that a
percentage of charitable gambling proceeds goes to the city.
We were encouraged to prepare something for your consideration
and are hopeful that we will be able to count on some support
from you.
We are still in the process of getting prices for our
needed equipment, but we know the amount will be much greater
than we dare ask you for. So we would like to ask for $500.00.
You can be absolutely sure that every dollar of that would
be used for the scouts benefit, and that an investment in
scouting will be repaid many times over in the community.
Regards,
~~
,.~...
,~
.
.
.. ~..
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 Centerville, 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 enactment, become part ofCenterville Ordinance #68.
Section 1: PURPOSE, INTENT AND APPLICATION: As authorized by Minnesota
Statutes 86B.201.86B205, and 459.20, AND Minnesota Rules 6110.3000-6110.3800 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
Centerville and City of Lino 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 PEL TIER 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 l1 of Township 31 N
Range 22W starting at the southern boundary of Rehbeins 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 an he Center \'HIe
ruli~" D"I-'''' tlll~UI. This, however, shall not preclude enforceme by other licensed
peace officers. ~N~ ~
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.
~ J#".
Section 6: NOTIFICATION: It shall be the responsibility of the Anoka County Parks
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
ofthe ordinance, as well as the placement of necessary buoys and signs.
Section 7: PENALTIES: Any person who shall violate any of the provisions of this
Ordinance shall be guilty of a misdemeanor With a fiu,", af .. . C:L.t- r '- L.~ .
tl.-'j, '5fL~ u.--~ ~~ ~ "1<<-rO<:L.e-5
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
COUNTY
OF ANOKA
OJfice of the Count)' Board afCommissioners
GOVERNMENT CENTER
2100 3rd Avenue. Anoka, Minnesota 55303-2265
(763) 323-5700
March 1 , 2002
MARGARET LANGFELD
County Board of Commissioners
District #3
Ms. Mary Capra, Council Member
City of Centerville
1880 Main Street
Centerville, MN 55038
Re: Proposed Surtace Water Restrictions - Peltier Lake
Dear Ms. Capra:
I am pleased to offer my support of the City of Lino Lakes and the City of Centerville's, efforts in
pursuing a proposed water surtace zoning restriction on Peltier Lake which is intended to create
a "Slow/No Wake Zone" on the north end of Peltier Lake surrounding Peltier Island. As you may
be aware, Peltier Island is a 3D-acre island located on the north end of Peltier Lake and harbors
the second largest heron colony in the Twin Cities Metropolitan Area and also contains an active
Bald Eagle nest.
According to Minnesota DNR and county officials, the island itself and the surrounding aquatic
vegetation communities are biologically unique and contain rare plants and animals that are of
local, regional, and state-wide significance. This resource area is considered to be the highest
quality natural feature of the entire 2,500 acre Rice Creek Chain of Lakes Regional Park Reserve.
Unfortunately, overthe previous two nesting seasons (2000 and 2001), the herons and egrets have
suddenly and unexpectedly abandoned their nests and their young in June of each year.
A Peltier Island Rookery Task Force was assembled with representatives from the City of Lino
Lakes, City of Centerville, Minnesota DNR (Conservation Officer, Non-Game Wildlife, Fisheries,
and Aquatic Plant Management), Anoka County (Parks and Recreation Department and Sheriff's
Department), University of Minnesota, Pcltier Lake Citizen, Anoka County Citizen at large, Rice
Creek Watershed District, and the St. Paul Water Utility. On January 23,2002, the task force met
to examine the following items:
.
History and significance of the Peltier Island Heron Rookery and surrounding natural
communities.
Rookery abandonment observations and theories discussion.
Identification and discussion of potential strategies and solutions to address rookery
abandonment and long-term protection of the high quality habitat at the north end of Peltier
Lake.
Roles and responsibilities to implement strategies.
.
.
.
FAX: 763-323-5682
Affirmative Action / Equalg.pportunity Employer TOOITTY: 763-323-5289
'<.4u;:~,
"
",
March 1, 2002
Page 2
Based on the rookery abandonment observations and theories discussion, and the ecological
significance of the surrounding area, the task force unanimously supported the strategy of having
the cities of Lino Lakes and Centerville, in cooperation with the State of Minnesota, pursue a Joint
Powers Agreement and a "Slow/No Wake" ordinance on the north end of Peltier Lake.
The Anoka County Parks and Recreation Committee, which is comprised of three Anoka County
commissioners, have also had an opportunity to review and examine the justification for the
proposed surface water zoning restriction on Peltier Lake. As a result, the Parks and Recreation
Committee has expressed full support of the proposed "Slow/No Wake Zone" restriction on the
north end of Peltier Lake.
Through a series of recent comprehensive planning efforts that include the "2020 Vision" Anoka
County Parks and Recreation System Plan (1998) and the Rice Creek Chain of Lakes Regional
Park Reserve Master Plan (1999), the Peltier Island Heron Rookery has been identified as a unique
resource to protect and preserve into the future. Several management goals and strategies have
been documented during these planning efforts which specifically include controlling boat traffic
around Peltier Island to prevent disruption to the herons. Therefore, special consideration in the
way of supporting a "S/ow/No Wake Zone" on the north end of Peltier Lake is clearly consistent with
various comprehensive plans recently adopted by Anoka County.
Thank you for your leadership and spirit of cooperation in considering the proposed surface water
restriction on the north end of Peltier Lake. If Anoka County can provide any further information
or assistance throughout the proposed ordinance process, please contact my office at 763-323-
5700.
Sincerely,
Margaret Langfeld
Anoka County Commissioner
ML:tp
cc: Ms. Linda Waite-Smith, City Administrator, City of Lino Lakes
John VonDeLinde, Director of Parks and Recreation
"
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Saint Paul.Jludubon Society
30 EAST 10TH STREET. SAINT PAUL, MN 55101-2265
Mayor Tim Swedberg
Centerville Administrative Offices
1880 Main Street
Centerville, MN. 55038
March 1, 2002
Dear Mayor,
I am writing to you in regard to the proposed no-wake ordioance being considered for Peltier
Lake. As Conservation Chairman for the St. Paul Audubon Society representing ---------
members and citizens of the northern suburbs of St. Paul, I would like to express our support for
the ordioance and its intent to protect the heron rookery, the shorelioe vegetation, and natural
resource features of the island and north arm of Peltier Lake within Rice Creek Chain of Lakes
Park.
The Peltier heronry is an important regional resource as it is "home" to most all of the herons and
egrets seen by our members and other citizens in Anoka and Washington Counties during the
summer. The lake shore and shallow north arm portion of the lake are important feeding areas for
the herons that breed on the island as well as the other fish, wildlife and rare plants of the lake.
Many scientific studies and best management practices reconunend buffer zones and no-wake
zones as the most effective ways to protect waterbird breeding sites and shallow-water areas from
the negative impacts of motorized watercraft and other human disturbances.
The ordioance proposed seems the west approach, allowing recreation to continue on the south
portion of the lake while imposing limited restrictions only were the most important and sensitive
natural resources are located.
Minnesotans greatly value their lakes and the wildlife associated with them. On behalf of our
members, who as your neighbors, enjoy seeing the herons and egrets in their neighborhood lakes
and ponds, I urge you to adopt the ordioance and protect the special resources of Peltier Lake.
Thank you for your consideration of our request.
Sincerely,
~~-
Craig Andresen
Conservation Chair
1'.
Glenn Fuchs
7124 Progress Rd, Apt 2
Centerville, MN 55038
;.,~
Dear Mayor Swedberg and Council Members
I am writing this letter as a citizen concerned about the activities around the island on
Peltier Lake. The main activity that concerns me is the use of a water ski course that is set up
just off the north end of the island and its impact of the birds which nest on the island. The
island is the location of one of only four multi-species rookeries in the seven County Metro
region. The birds that utilize the rookery include Great Blue Herons, Great Egrets and other
shore birds. The island is also home for one pair of Bald Eagles who have already shown
some activity around their nest this year.
Studies by the University of Michigan, the Texas Dept. of Parks and Wildlife, the
Illinois Dept. of Natural Resources, the Ministry of Water, Land, and Air Protection for the
province of British Columbia, the U.S. Fish and Wildlife Dept., and others have concluded
that human disturbance is the primary cause for nest abandonment for these birds, especially
Great Blue Herons. Nest abandonment can have a major impact on a population of birds.
Using conservative estimates (400 nests, 4 eggs/nest with 113 of the young surviving to
adulthood) the number of young birds left to die in the nests each year is::: 480 birds. By my
observations the nests have been abandoned at least the last two years. This means the
population has suffered a potential loss of recruitment of over 900 birds. This can be
devastating to a population, as young birds are not replacing the birds that are lost to adult
mortality. This, in effect, makes the rookery a population sink instead of its normal function
as a population source.
Being located in the shallow part of the lake, the ski course has another major impact
on the lake. Bottom sediments are disturbed which frees the nutrients that were locked up in
the sediments. These nutrients, especially phosphorus, are then made available to algae and
this results in an algal bloom. These blooms not only degrade the aesthetics of a lake, they
also make it more difficult for the wildlife that are sight feeders to find food in the water.
Wildlife that may be hindered by poor water quality includes many species of fish, birds, and
reptiles.
I can think of several solutions to the problem. One solution would be to move the
course to the area to the south of the island. This area has deeper water and is farther from the
north side of the island where the greatest nesting activity is located. Another solution would
be to move the course to Centerville Lake. This lake already has an area dedicated to a water
ski dub and the addition of a course there could expand and enhance their use of that area.
Another option would be for the advocates of the ski course to use the course I understand to
be in place on Rondeau Lake.
Given the impact the ski course has, in its present location, on the natural resources
and the water quality of Peltier Lake, along with the alternatives that are available to us, I
expect there will be a solution that can be worked out that will be equitable to ALL the users
of the lake, including the wildlife.
Thanks for taking the time to listen to some of my concerns on this issue. I am
looking forward to being a part of the council meetings that will be addressing this issue and
its impact on our quality oflife.
Sincerely, _
/l;L4~L
Glenn Fuchs
I~
Date:
March 7, 2002
Memo:
Honorable Mayor and Council Members
From:
Mary Capra
RE:
Ordinance #68
Please find attached information I requested from Joan Galli ofthe
DNR regarding her presentation to council on the no-wake zone. I
felt it was necessary to know the history behind their
recommendations.
.
Peltier Lake Natural Resource Management and Protection Recommendations
The following factors were considered when developing the proposed surface use ordinance of a
slow, no-wake zone in the north portion of Peltier Lake and surrounding the island:
U nioue biologv of herons and egrets and regional significance of the Peltier Island heronrv
. herons and egrets are unusual in their breeding behavior - in order to nest successfully,
they need the company of others of their kind, therefore they nest together in large
groups in an area called a rookery.
. these rookeries must be free from human disturbance and situated in places where
there are large trees, preferable close to shallow water feeding areas. As we have
developed our lake shores in the Twin Cities area, many areas are no longer suitable for
heron nesting and feeding areas. The north arm of Peltier Lake is one of the few
natural and undeveloped shorelines remaining in the metro area.
. there are only 9 heron and egret rookeries (nest areas) in the 7 county Twin Cities area
. Peltier rookery is the second largest in the metro ar<::a & the only one in Anoka County
. many of the great blue herons which n<::st in the rookery feed along the shore and
shallow water areas of Peltier Lake, pmticularly in the north arm, as do other waterbirds
and waterfowl.
. the herons and egrets that n<::st at Peltier Lake may also fly up to 20 miles away to feed in
ponds, marshes, and along lake shores. Therefore, all the herons and egrets that
citizens see in their backyards in Anoka and Washington Counties are mostly
likely nesting in this one colony.
Points of imoortance regarding the other natural resources of the lake and their orotection needs
A buffer zone to protect the rookery and the shallow north arm of the lake from human
disturbance including no-wake boating is needed because:
. such buffers are a standard protection strategy recommended by many scientists
and managers to reduce potential disturbance around nest areas
. other disturbance factors (for exmnple - float planes, helicopter flights and tire fighting)
have been/are being addressed but the colony failed in 200 I despite attempts to control
other disturbances
. no-wake boating is recommended for other considerations applicable on this lake
which protect the entire lake ecosystem. Such considerations include reducing
shoreline erosion, protection of aquatic vegetation and fish spawning areas and other
wildlife habitat, reducing sediment resuspension and consequently nutrients that may
cause algae blooms and other water quality and clarity problems,
. shallow feeding ar<::as along the shore utilized by the herons remain clear and
undisturbed for foraging by these birds - the less distance the birds have to fly to tind
food, the more successfully they can be in raising their young
Consequ<::nces of the no-wake zone to boaters on Peltier Lake
. the no-wake zone is only proposed for the shallow, north portion of the lake, therefore
all current recreational activity is still allowed on the deeper south end of the lake
. fishing is not restricted in the north arm, only a slower speed of travel is necessary to
reach those portions of the lake,
prepared by Joan Galli, Nongmne Wildlife Specialist, MN. DNR, Nongame Wildlife Progrmn
3/6/02
"
Peltier Lake Natural Resource Management and Protection Recommendations
The following factors were considered when developing the proposed surface use ordinance of a
slow, no-wake zone in the north portion of Peltier Lake and surrounding the island:
Unique biologv of herons and egrets and regional significance of the Peltier Island heronrv
. herons and egrets are unusual in their breeding behavior - in order to nest successfuHy,
they need the company of others of their kind, therefore they nest together in large
groups in an area called a rookery.
. these rookeries must be free from human disturbance and situated in places where
there are large trees, preferable close to shallow water feeding areas. As we have
developed our lake shores in the Twin Cities area, many areas are no longer suitable for
heron nesting and feeding areas. The north arm of Peltier Lake is one of the few
natural and undeveloped shorelines remaining in the metro area.
. there are only 9 heron and egret rookeries (nest areas) in the 7 county Twin Cities area
. Peltier rookery is the second largest in the metro area & the only one in Anoka County
. many of the great blue herons which nest in the rookery feed along the shore and
shallow water areas of Peltier Lake, particularly in the north arm, as do other waterbirds
and waterfowl.
. the herons and egrets that nest at Peltier Lake may also fly up to 20 miles away to feed in
ponds, marshes, and along lake shores. Therefore, all the herons and egrets that
citizens see in their backyards in Anoka and Washington Counties are mostly
likely nesting in this one colony.
Points of importance regarding the other natural resources of the lake and their protection needs
A buffer zone to protect the rookery and the shallow north arm ofthe lake from human
disturbance including no-wake boating is needed because:
. such buffers are a standard protection strategy recommended by many scientists
and managers to reduce potential disturbance around nest areas
. other disturbance factors (for example - float planes, helicopter flights and fire fighting)
have been/are being addressed but the colony failed in 200 I despite attempts to control
other disturbances
. no-wake boating is recommended for other considerations applicable on this lake
which protect the entire lake ecosystem. Such considerations include reducing
shoreline erosion, protection of aquatic vegetation and fish spawning areas and other
wildlife habitat, reducing sediment resuspension and consequently nutrients that may
cause algae blooms and other water quality and clarity problems,
. shallow feeding areas along the shore utilized by the herons remain clear and
undisturbed for foraging by these birds - the less distance the birds have to fly to find
food, the more successfully they can be in raising their young
Consequences of the no-wake zone to boaters on Peltier Lake
. the no-wake zone is only proposed for the shallow, north portion of the lake, therefore
all current recreational activity is still allowed on the deeper south end of the lake
fishing is not restricted in the north arm, only a slower speed of travel is necessary to
reach those portions of the lake,
prepared by Joan Galli, Nongame Wildlife Specialist, MN. DNR, Nongame Wildlife Program
3/6/02
~~2~~;
14:14
651-297-4961
PAGE ~1
- Stale of MiQQe30ta
DEPARTMENT OF NATURAL RESOURCES
FACSIMILE TRANSMITTAL COVERSHEET
Dat.e sent
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;/ of paie. including this page
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Ca..v.. \-P.I\ Ul I I -e..
FROM:
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Sv.-JLcv.JJl J ) -t/) 0- lr0-a- b..A-o-o-",,^ \A^-cu.-<.j C> b ~
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.A.a- reA.\. "b ~ At:;. ..l.. '\ hav., ko -\-"\ ,,-f- OAMI'-'<t.." <:'/V1.-
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Minnesota Del'artment of Natural Resources, 500 Lafayette F\oad, Saint Paul, MinnaiOta 55155-40
~3/~5/2~02 14:14 651-297-4951
Ii'J()anGaiJi',:ITl!ln9m~j:a'b~.~oi:' m.
PAGE 02
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ii
FEEDING HABITA 1 DIFFERENCES BET'NEEN GREAT BLUE HER.ONS AND
GREAT EGRETS IN MlNNE80T A, Christine M. Custer, USGS, Upper Jv!idwe$t
Environmental Sciences Center, 2~30 Fallta Reed Rd" L. Crosse, WI 54603 and Joan
Gal!~ MN Det't. eiNalural Resources, 500 Lafayette Rd" 81. Paul, MN 55\55,
We documented the feeding llabltal of great blue hOl'Ons (Ardea herodias) and
great egrets (Casmerodiu:; alba), which nested on Peltier Lake near Minneapolis, MN in
1998, Birds were fallowed by airplane from;he time they lelt the colony to where they
landed to fe.d. The;r feeding ,it. was mapped; the time flown and the habitat selected
were documented immediately crpOn the bird', landing. The distance /lown and wetland
size were detennined later from National Wetland Inventory maps using AreView
software. Great blue herons selected siiIlificamly larger water bodies (mean - ]45.3 ha)
fOr feeding tmn did great egrets (45.3 ha). Herotl$ selected Jerger lakes, whereas, egrets
selected ponds and marsbes. Few of either species fed in creeks Or river.!. Great egrets
flew farther and were In the air longer (media.n distanoe - 13.5 km, max, distance = 30,3
kIn; media time = 18.7 mln, max. time.. 43.2 min) than did great blue herons (median .
2,7 km, max. distance = 26.7 km; median tiItl. - 4.6 min, max. tillle = 43.4 mm).
AJt"lcugh great blue herons and great egrets nested in the same colony, their prefelTed
feeding areas varied both spiltially and by h.bitat type.
. i
I'
I
MAR-[l4-2002 11 : 40
V)I
y.j~
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tlF' ~ ~,~."I ~
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Peltier Lake is a bypereutropbic lake located In the headwater reaion of Rille Creek. This
lake bas two different distinct water quality areas, The area to the south of the islanci is
largely shallow water (tnellI1 depth 7 feet) with very few rooted aq\.l8tic macrophytes. This
portion of the lake is very hiib in DJJtrients and experIcnce3 excessive growth of
phytopbmkton (aIiae). The growth of algae limits light penetration into the water column,
therefore Hmrtil1g the avallab1e habitat for rooted macrophyte growth. Large algal growths
can also contribute to low periods of dissolved oxy&Cll. during low Iigbt condltions. This is
caused by plant respiration or deeomposition of the: alia! material
RICE CREEK WTRSHED
651 766 4196
P.02,03
March I, 2002
The area north of the island bas a diffi:rent water quality characteristic. This area of the
lake ill generally 3 to 5 feet deep and bas extensive rooted aquatil: macrophyte coverage
(mainly cooDlail). The density of rooted macrophytes helps consolidate the lake bonom
sediments and also consumes available hutrients, therefore leaving less available nutrients
for algal uptake. The water clarity in the northern pornoll of Peltier Lake is generally
much cle= t:blIn In the southern portion. During !lll.lch of the growing season (May
through September) the rooted macrophytC$ wculd consume nulrients from bolh the
water column and also have SOIl!l: nutrient uptake through the root systems. Removal of
aquatic mac:ropbytcs would have some impact on the water quality of the north basin.
Some possible iIlJpacts would be redistribution of bottom llCtliments, and introduction of
additioDlll nutrients to the water column. Without adequate phurt material to bulfer wave
action caused by boating and wind. bottom sediments would suspend and be transported
either into the south basin or into the water cohmm of the north basin. This action could
increase the DIltriellt load to the water colu:rnn, decrease water clarity, cause stress on
rcsidellt fish populatlollB, and potential1y give algae the competitive edge to expacd their
range ml have even more severe blooms.
Rooted aquatic J1IlIl:1'Opbytes benefit the water quality of lakes. There is evidence 1hat
healthy aquatic macrophytes do not excrete large quantities of nutrients into the water
column during active growiDg periods (Barko and Smart, 1980). 'Ihily do tend to
concentrate sediment-supplied nutrients in their tissue. These nutrients arc partWly
.....
.MRR-04-2002 11: 41
RICE CREEK WTRSHED
651 ?66 4196 P.03/03
.
-2-
Ma:th 1, 2002
recyo;:led to the lake when the plant dies, deo;:ays, or goes into senescem:e. Management of
extensive aquatic mao;:rophyte growth may be bene&ial to late season nutril:Jtt release.
Oencra.lly we ate not concerned with nutrient release over the late fiill and winter OlOnths
because algae blooms are dependant on water temperature at this time.
The north basin also serves another important function 10 the lake ecosystem. This area is
probably lI.Cting 118 a 5pawninl: area fur IIIIIlIY fish species lllId also as a oursery area for
YOWlg fish. Many species of freshwater fish require macrophytes to lay eggs on. Thill
keeps rhe fish e8gB 01.li of the alJDxic sediments and allows oxygenated water to freely pass
by the eggs. Northllm. pike spawning Is very d~ on some type of plant growth to
adhere their eggs to.
High speed boating in this area may cause sediment resuspeJl5ion, nutrient release from the
sediments, ami severe damage to the existing aquatic macrophytc col!llllUIlity. All of the
-above mentioned items could be cklli.u..,ulal10 the overall water quality and biological
health of Peltier Lake. I leel that the area north of the island on Peltier Lake dese:rves
some speo;:ia1 protection.
Sincerely.
~.()pi
Charles Johnson
Aquatic Biolop
CC: Wayne LeBlanc
City Centcrillc
City LiDo Lakes
Correspondence
Peltier Lake File
TOTRL P.03
". .MFiR-04-21302 11 : 39
RICE CREEK WTRSHED
3S85 N.lEXINCTON "VENUE, SUn< 330
AWeN HII.l.S, MINNESOTA 5!126-a056
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80AAD OF MANAGERS
A.J. CARDINAl. SR. TOM W"DDEcL lAMES A. LEROUX DROEEN ]. BRAATHEN ROBII' C. OO!GE
....NO~~U:-m' R,A/lI4SEY~1N7i' WASMINCTON~ ~YCOUNTY mOKl\COUNTY
CMMONU CIlJVitlt MUOUIlC9~11nt ~6S1.T1o.a.ul . QIoCg\lI\Sl'lI: ~LD H. &HfH> ~1~.u2.10QCl, MlOolllJJ.l. ul.t!Cl~ 1!l),1-n'l.~5
63(3)
,
moving northw'd up the coast
llifornia. In the past two winters
eratures and snow (early Janaur;
,t the Serpentine Fen, Surrey On
n the delta area. The observers
Ie cause of death was starvation.
a have had greatly reduced bOdy
s are subject to starvation.
e delta area within the next few
3.5 the Fraser Delta area seems to
.-
mcouver Natural History Society
e Id notes on sightings. I am also
Provincial Museum, courtesy of
who reviewed the draft of the
tine Fen which is the first spring
; records for the province, single
\t James, Queen Charlotte Island
rgess).
:0 November 1981.
EGRET IN IDAHO
fROST
:15ion in the Western Hemisphere
2:56-63). In much of the, United
eding species.
je by C. H. Trost on 1 July 1971.
ed adjacent to Minidoka National
;>astern Idaho. Cattle Egrets were
.:i 20 June 1974 by J. Hill, refuge
e reported a Cattle Egret in Rex-
rets were seen at Minidoka NWR
ir of Cattle Egrets were observed
attle Egrets in breeding plumage
ne 1978, On this same day, one
'e leg band (Band No, 876-56034)
ted, evidence presented indicates
; the first record of Cattle Egrets
,land near the southern shore of
5ists primarily of dead trees artd
The center of the island is void
luded Double-crested Cormorant
;ret (Egrdta thuIa), Black<rowned
ifornicus).
n a colony near the eastern shore
:0. Two adult Cattle Egrets were
'anded by C. H, Trost (Band Nos.
WINTER 1982
GENERAL N QTES
89
896-10314 and 896-10315). Nesting associates of Cattle Egrets' included Snowy Egrets and Black-
crowned Night Herons. All nests were in willows (5alix sp.), Double-crested Cormorants and White-
faced Ibis (PIegadis cJlihi) were also nesting at the eastern end of American Falls Reservoir but not
in the immediate vicinity of the colony where Cattle Egrets were nesting. The following day one
adult. Cattle Egret was observed on Gull Island, Lake Walcott, Minidoka NWR, indicating that
Cattle Egrets may have nested at Minidoka NWR during 1981. The Cattle Egret appears to be
becoming a well established breeding species in Ida~o,
Acknowledgements.-Data on Cattle Egrets were'collected incidental to research supported by the
Idaho Department of Health and Welfare, a Grant-in-Aid of Research from Sigma Xi, and the
Biology Department, Idaho State University, We are grateful to the U.S. Fish and Wildlife Service
for allowing us access to Minidoka NWR.
DeparJment of Biology, Idaho State University, Pocatello, ID 83209. Present address (SF): 630 Papa Agie
St., Lander, WY 82520. Accepted 14 April 1982.
PREY MANIPULATION IN THE GREAT BLUE HERON
L. S. FORBES
The purpose of this paper is to describe the prey manipulation behaviors Prey Stabbing and
Prey Mandibulation in the Great Blue Heron (Ardea herodias) and to discuss their possible functions.
STUDY AREA AND METHODS
Foraging Great Blue Herons were observed for over 600 hrs during the nesting season from 1979
to 1982 at Creston, Pender Harbour, and Sechelt, British Columbia. Length of prey items was
estimated by comparison with the exposed culmen, Culmen lengths were estimated from mea-
surements taken from about 90 live-captured (Keith Simpson, unpubl. data) and salvaged herons.
RESULTS AND DISCUSSION
Prey Stabbing in the Great Blue Heron was similar to Stabbing in the Goliath Heron (Ardea
goliath) as described by Mock and Mock (1980).1t involved repeated strikes with closed or slightly
open mandibles. Most fish (over 95%) were captured by the normal scissor-like method, rather than
by skewering as in the Goliath Heron, and transported to a relatively dry area where the fish were
not likely to escape (Recher and Recher 1968). Herons struck the fish in the dorso-cranial and
ventro-abdominal regions up to 44 times. Between strikes, herons often picked up the fish, posi~
tioned it between the mandibles as though {or swallowing, and then returned it to the ground for
further strikes, The fish would occasionally become impaled on the ends of the mandibles and
would be removed by axial twisting of the heron's head. Herons dipped their mandibles in water
after swallowing. Prey Mandibulation involved extensive mastication of the fish between the her-
on's mandibles for periods much longer than appeared necessary for simple positioning of the fish
headfirst for swallowing,
For fish less than 10 em long, herons used Prey Mandibulation; for fish greater than 10 cm long,
herons used Prey Stabbing (Table 1).
At Creston, four species of spiny fish comprised over 90% of the observed prey items (unpubl.
data) but only black bullhead (Idalurus melas) were regularly Stabbed or Mandibulated (Table 1).
Two large yellow perch (Perea flaveseens) were Stabbed, At Pender Harbour and Sechelt, Prey
Stabbing and Mandibulation occurred with only two prey species, plainfin midshipman (Parichthys
notatus) and Pacific staghorn sculpin (Leptocottus armatus) although several other spiny species
including threespine stickleback (Gasterosteus aculeatus), tidepool sculpin (Oligocottus maculosus),
shiner perch (Cymatogaster aggregata), snake prickleback (Lumpenus sagitta), and starry Hounder
(Platichthys stellatus) were taken,
Krebs (1974) speculated that Mandibulation of Pacific staghorn sculpins by Great Blue Herons
probably served to snap off the sharp preopercular spines, based on observations of a captive heron,
At Duck Lake near Creston on 23 June 1981, I recovered a 9 cm black bullhead dropped by a startled
Great Blue Heron. The fish had been Mandibulated since mandibular marks were present on the
head and body. Both pectoral spines and the dorsal spine were broken off near the base. That
90 THE MURRELET
TABLE 1. Prey manipulation by Great Blue Herons at Creston, British Columbia in 1981 and 1982.
Size class Number Number Number
Prey species (em) eaten Stabbed Mandibulated1
Black bullhead <10 5 0 0
(Ictalurus melas) 10-20 30 25 5
>20 1 1 1
Yellow perch <10 2 0 0
(Perea flavescens) 10-20 32 1 0
>20 3 I 0
Pumpkinseed <10 22 0 0
(Leponris gibboSLlS) 10-20 6 0 0
>20 0 .0 0
Largemouth bass <10 1 0 0
(Micropterus salmoides) 10-20 1 0 0
>20 1 0 0
Totals <10 30 0 0
10-20 69 25 5
>20 5 2 1
I Some fish which were Stabbed were also Mandibulated; these fish, however, were not included in the number Mandibulated.
observation would appear to be consistent with Krebs' hypothesis. Mock and Mock (1980) specu-
lated. that Goliath Herons killed prey by Stabbing since spine erection by spiny prey in a heron's
esophagus could cause serious injury. Bowles (in Bent 1926) reported finding a dead Great Blue
Heron with a large saltwater "bullhead" (Cottidae?) lodged in its throat. The "bullhead's" pectoral
spines had pierced the heron's neck on both sides. Since dead Pacific staghorn sculpin and blacK
bullhead relax their spines (pers. obs.) it would seem likely that Prey Stabbing in the Great Blue
Heron is analogous to Stabbing in the Goliath Heron. Prey Stabbing likely was usep. with larger
fish (Table 1) rather than Prey Mandibulation because either the fish were- too heavy to be Man.
dibulated efficiently or the spines were too strong or both.
I suggest that the reason tor Stabbing and Mandibulation at some spiny fish and not others lies
in the nature of the spinal erection mechanism. 1ctalurids possess a locking mechanism to maintain
erection of dorsal and pectoral spines Uordan 1907). Plainfin midshipman and Pacific staghorn
sculpin, which have broad skulls, can maintain strong muscular erections of operculat and pre-
opercular spines. When one of those species is aroused, the spines cannot normally be forced jnto
the relaxed position without breaking (pers. obs.). Yellow perch can also maintain a strong erection
of opercular spines (pers. obs.) but have narrow skulls; thus only very large perch would pose a
threat to a heron, which is consistent with my observations (Table 1). Pumpkinseed (Lcpamis gib-
bosus), largemouth bass (Micropterus salmoides), shiner perch, tidepool sculpin, snake prickleback
and starry flounder, which possess weakly erected spines, were not Stabbed. Threespine stickleback
possess locking spines (Scott and Crossman 1973) but were so small (less than 6 em) that they likely
posed no threat to the heron.
Nikolsky (1963) noted that spines serve to increase the eHe<:tive size ot fish and make them less
available to predators, Prey Stabbing and Prey Mandibulation counter the protective adaptatj.ons
of the fish and expand the range of prey available for consumption.
Acknowledgemenls.-This paper is based largely on observations made during the course of a
Canadian Wildlife Service study on the Great Blue Heron in British Columbia. D. R. Flook. R. W.
Butler. A. M. Martel! and an anonymous reviewer eritical!y reviewed the manuscript. R. O. Bayer
suggested several changes which signi.ficantly improved the manuscript K. Simpson and J. P.
Kelsall provided guidance and encouragement during the course of the Pender Harbour work. I
thank them all.
LITERATURE CITED
BENT, A. C. 1926. Life histories of North American marsh birds. U.S. NatL Mus. Bull. No. 135.
JORDAN. D. S. 1907. Fishes. Henry Holt and Co., New York.
KREBS, J. R. 1974. Colonial nesting and sodal feeding as strategies for exploiting food resources
in the Great Blue Heron. Behaviour 51:99-131.
63(3)
---:----,
I
WINTER 1982
MOCK, D. C. AND K. C. MOCK. 198'
433-448.
Nn<oLSKY, G. V. 1963. The ecolo~
RECHER, H. F. AND J. A. RECHER.
Ecology 49:560-562.
SCOTT, W. B. AND E. J. CkOSSMAN.
Bull. No. 184.
,- Canadian Wildlife Service, Box 340,
.i- Zoology, University of Manitoba, WiT.
::
(
COLONY ES
B
R 5'
The Great Blue Heron (ArdeQ hf
can he displaced by human activit
interest to note the establishment
1981, herons were seen carrying J
(Thuja plicala) bordering the parI
International Airport in British 0
found at the base of one of the tn
nest was found later. On 24 June
the tourth nest was vacant The Ir
busy marinas. The nests were in a
(accommodating several hundred
port.
A colony was active on Sea IsI;
displaced by airport expansion (~
old as the trees with nests showed
been selected because of its prox
Fraser River foreshore and grass)
found under trees with nests. It
long~standing is at Point Grey, se
A colony in Stanley Park. VanC!
since at least 1921 (Racey 1921a,
probably sufficient time for the he
and Stanley Park colonies are in (
"lOllS trees and thus may buffer tn
Human disturbance has displac
lumhia (Mark 1974, 1976; Kelsall.
as at Pitt Meadows and Crescent 1
Our knowledge, the Sea Island c<
within the lower mainland.
The Sea Island colony location
local existence in spite of human
Acknowledgemenfs.-We would
commenting on the manuscript.
BENT, A. C. 1926. Life histories I
KELSALL, J- P. AND K SIMPSON. H
British Columbia. Peoc. Co
.~.
<tA'" ,. .
. .: 1.
:l Ph.D. thesis. Oregon State Univer.
~~d 'K. jefferts. 1984a. Distribution
nee of the eady life stages of .'qui?,
lOatidae (Cephalopoda, Oegopslda) In
1 North Pacific, Part 1. Bul~eun of th~
eoce Museum (Tokyo) Senes A Zool:
106.
and K. jefferts. 1984b. Distribution
.nee of the early life stages of squid,
:matidae (Cephalopoda, Oegopsi~aet
ern North Pacific, Part 2. BuIlelln of
1 Science Museum Tokyo) Series A~
, 165-193. ,!
l. W. Frost. H. P. Batchelder, M.j.;- c
d R. E. Conway. 1984. Life histories"
lzing copepods in a subar~tic oce~(
mw plumchrus, Neocalanw cnstatw and,
ngii in the Northeast Pacific. Pro~~:
aphy 13: 201-243, '''l
A. Hatch and C. J. Lensink. 1~.~8,;
lasbn seabird colonies. U.S. Fish3./lt "__~
vice Washington, D.C. ."C
184' The diet and food consump .
assi'n's Auklets during summer, an'.
with other plankton-feeding at.'
,65-77. ,
B. Fulton and S, G, Sealy. 1985,'.
of zooplankton by Ancient Mur
Auklets in the Queen Charlot!~
al of Plankton Research 7: 443-45
Hay and L. Rankin. 1987a. P,
Jlations off southwestern Vaneou
adian Technical Report of I:;If
Ocean Sciences No. 87. .:'
Id L. Rankin. 1984. Pelagic ~_!:..,
in Hecate Strait and Queen C~!t
parison with the west coast'
lolle Islands. Canadian T echn
ography and Ocean Sciences
Robertson, R. W. Campbell, q
on. 1983. Distribution and
.ds on the Canadian west c
'e Service Technical Rep?'~
sh Columbia. 74pp. -;W~.
G. Sealy and G. A. Sange_\iJ.'_
logy of the Alcidae in th~;\
c. Pp. 189-227 In Seabirds!~'
role in marine ecosyste~
. Cambridge Univ, Press,~, b
A. Vermeer, K. R. Summ~
979. Numbers and habit~r
LUklet breeding on Tria,'1g e
nbia Auk 96: 143-15L~:>.~
'7. Notes on behaviourJ)f:"
uth Polar Skuas off th~ ~-r'-
let 58: 47-49. '~;;
D. Heinemann. 1979<S,5~
s: cooccurrence and a_~~.f
196, . ::;
Biostatisticai analysIS
:Iiffs, New Jersey.
~
NOTES
Bald Eagle Incursions and Predation at Great Blue Heron Colonies
DONALD M. NORMAN', ANDRE M, BREAULT' AND IAN E. MqUL'
11nstitute of Wildlife Toxicology, Western Washington University, Bellingham, WA, USA 98225;
'Department of Zoology, University of British Columbia, Vancouver, British Columbia, Canada V6T 2A9
'Deparunent of Animal Science, University of British Columbia, Vancouver, British Columbia, Canada V6T
2A2
Abstract.-We recorded Bald Eagle (Haliaeetus leucocephalus) incursions at eight Great Blue Heron (Anita
herodias) colonies in the Pacific Northwest in 1988. The incursion rate was one per 10.3 hours of observation.
Herons showed three acoustic responses to eagle intrusions: sudden silence, roaring, and no change. Two
incursions resulted in predation of heron chicks. We suspect that eagle predation is more frequent than what
we observed and could adversely affect heron productivity at some colonies. Received 7 March 1989, accepted
/J April 1989. . , , .
'- Key Words.-Great Blue Heron, Bald Eagle, Puget Sound, GeorgIa Stralt, PaCific Northwest, Washington,
:,~. British Columbia, predation, coloniality.
, Great Blue Herons (Ardea herodias) are
"found throughout the Pacific Northwest
<l>(Wahl and Speich 1984, Butler and
~1'Campbell 1987), In British Columbia, 27
~"heron colonies account for approximately
f$:41QOO breeding pairs in the Strait of Geor-
iJiigia(Butler 1989), and a maximum of 1000
mpairs are found in the Puget Sound basin
f";(!'igrman, unpublished data). Over the last
"loiyears, the number of breeding Bald
.~gles (Haliaeetus lew:ocephalus) has in-
tf~~sed by 34% in Puget Sound (McAllis-
~r'.(t ai, 1986) and by 30% in the Gulf
~l~nds of the Strait of Georgia (Vermeer
i~ar}989), Prey items found under eagle
,.!~sts. indicate that herons are part of an
' . gl~'s diet (Imler and Kalmbach 1955,
.~r!'leer et al. 1989), However, heron re-
, ;::;iD~jound under eagle nests may not in.
~~.\e,.predation because eagles are known
,v,ellgers (Stalrnaster 1987).
;l}V.\he Pacific Northwest, Bald Eagles
!p~~l1).es attack and eat juvenile and
d~I'(Ilayer 1979, Forbes 1987) and nestl-
,g~Eeat Rille Herons (Kelsall and
I P~~1'1980, Simpson 1984). In this note
, ~ribe the frequency of Bald Eagle
ns and occasional predation of
;, erons at eight Great Blue Heron
~,Preat Blue Heron colonies ac-
g;,f"r 712 pairs were studied in the
./Ihwest in 1988 (Table I). Incur-
e..~.,defined as the presence of
"of,:above the canopy containing
~f,.AcoustlC responses of herons
Colonial Waterbirds 12(2): 215.217, 1989
to each eagle incursion were classified into
three categories: silence (sudden total ces-
sation of vocal activity), roaring (syn_
chronized vocal uproar), and no change in
colony activity. Adult herons were sexed
on the basis of males beings slightly larger
than females (Simpson 1984). Heron
chicks were aged from their presumed
hatching date. Hatching date was deter_
mined from either (I) changes in adult be-
havior when the chicks hatched, (2)
eggshell collections in colonies (adult be-
rons removed eggshells as soon as chicks
hatch), and (3) vocalizations from newly_
hatched chicks (Brandman 1976).
Eagles were observed 76 times in or
above seven of the eight colonies. Fifty-six
incursions into the colonies were recorded
in 578 hours of observations (Table I), or
one incursion per 10.3 h. Two incursions
resulted in chick predation. Eagles elicited
silence, roaring and no response in respec.
tively 10%,47,5%, and 42.5% of the incur_
sions. Heron acoustic responses did not
appear to follow any patterns. Silence and
roaring were separated by time interVals
of normal colony activity,
We observed two predation events,
The first took place on Sidney Island,
British Columbia On 10 June 1988. At
05 I4 h PST, an adult eagle flew through
the colony, eliciting roaring. At 0540 h
loud heron vocalizations were heard at the
periphery of the colony when an eagle was
observed on the rim of a heron nest lo-
cated 20 m up in a Red Alder (Alnus rubra),
215
:t
',J:
k-I
~i
,'I:]
C";.
,
Ii'
,
1:,
216
COLONIAL WATERBIRDS
,..:..0
:::;\ili
more than five minutes. In addition to~i~;
observations, we received reports of eag~~;
heron inte,actions by local ,esidents foriWL
of the 8 colonies studied. Residents neat
the Powell Rive, hemn colony ,epeate<!Ii
obse.ved adult eagles canying hero~'
chicks towa,ds the eagle's nest. No youp"
fledged from the Powell Rive, colohX:"
even though eight of eleven nests observer
weekly we,e known to contain chick,s;;'
(B,eault, pe". obse.v.). This suggests thar'
eagle p,edation is mo,e widesp,ead than::'
ou, two documented cases. Eagles can al~o.
cause adult herons to leave nests (Kelsall},
and Simpson 1980), leaving eggs and small.
young vulne,able to chilling and predation,','
by co.vids. Eagles may be an importan~,;:
factm affecting heron productivity.
NORMAN ET J
_' J hPod;m). Unpuhlished Ph.D. II
'btJ . Los Angeles.
~1ifornla~d R. W. Campbell. 19~7
"",R. W., a . delta. populatlo
." F er River. .
,the ras. . ificance. Occasl
'--;:internatlonal ds~gn Wildlife Servk
,1<" be 65 CaDa Ian . . I
IUD r }'989 The breedmg biD og~
- JiR. W. .' the Great Blue H.
',,", ~. tTend~ ~n ',n ,he Strait of Geo:
.". ranmm, R W
r I Vermeer, K. and . .
- -i~mbla. n d ology of marine 31
",'.. StatuS an ec B . "
",- .e 5 't of Georgia, nUS
l"d in the tr31 S' I Pul
.9; .' 5. W'ldlife Service pecla
c' adlan I
~wa. S 1987. Predation on .adult
-, L.. [. s it important? Colomal W
erons.
)(j:122. dE R Kalmbach. 19!
~-'-~~R H an. F
_~t~ . ". 'omic status. U. S.
Iagle and Its eeon U . d State,
li"f Service Circular 3D, mte. . t
e W h' gton Dlstnc '
'~f Interior, as In .
:YSA, -' and K. Simpson. 198~.
'~lId' J. r~he Great Blue Heron m
'}.u yo
Table 1. Observations of Bald Eagles in Great Blue Heron Colonies in 1988.
Heron No. Active Observation Eagle
Colony Heron Nests Time (Hours) Incursions
Sidney Is., B. C. 99 270 34
Crofton, B. C. 20 140 16
Olympia, WA 63 16 0
Tacoma, WA 49 25 0
Samish Is., W A 350 80 5
Nanaimo, B. C. 24 II I
Powell River, B. C. 42 14 0
Victoria, B. C. 64 22 0
Total 712 578 56
'Measured from maps (Scale 1:50,000)
At the same time, an adult hemn clung
from the undeJ"Side of the nest, flapping
its wings and calling loudly. The eagle ,ip-
ped apart and consumed at least two chicks
appmximately th,ee weeks old. After
th,ee minutes, the hemn let go of the nest,
flew in a short ci,cle and landed opposite
the eagle on the nest dm. The hewn
roared and ,epeatedly lunged at the eagle
but made no contact. The eagle occasion-
ally lunged back at the hewn but also
made no contact. The eagle departed at
0610 h. A la,ge, hewn (presumed to be
the male) anived at the nest at 0818 h. No
live chicks we,e seen and the pair was still
at the nest at 1400 h when obse,vations
ceased.
The second event occurred on 28 June
1988 at the Samish Island colony nea,
Anacortes, Washington. At 1948 h, hewns
began to ma, as an adult Bald Eagle flew
thmugh the colony at tree leyel. The eagle
landed nea, the edge of the colony at the
top of a la'ge Black Cottonwood (PoPulus
trichocarpa) where five heron nests we,e lo-
cated 30-40 m above the ground. The
eagle seized a heron chick estimated to be
fou, weeks old and canied the struggling
chick away in its talons and flew towa,ds
its nest, located 500 m away (Jim Watson,
pers. comm.).
Fo,bes (1987) ,eviewed published cases
of eagle attacks on post-fledged G,eat Blue
Hemns. All attacks but one took place dur-
ing the fall 0, winte.. In the incursions and
predation events we report, viewing condi-
tions (such as distance, angle, and foliage
density) made confi,mation of p,edation
difficult. Acoustic detection of Bald Eagle
presence was also difficult as herons stop
vocalizing if eagles perch in the colony fOJ"
ACKNOWLEDGMENTS
Research conducted in Washington State was{:-!'
funded by the U. S. Fish and Wildlife Service an~ ~he.~1_
Washington State Department of Wildlife. In Bn~.sh.,.,
Columbia, support was provided by the Canadian -":
Wildlife Service (CWS), B. C. Forest Products, an;
NSERC grant to Dr. K. M. Cheng University of.-,
British Columbia (VBC) and the Anne Vallee Ecolog-
ical Fund. Jim Watson, Washington StateDepartm~?t .,
of Wildlife, contributed information on eagles Ifi -,-
Washington. Logistical support was provided by R
W. Butler, P. E. Whitehead, and K. M. Cheng. T.
'Sullivan and K. Tremaine assisted in field studies
while naturalists provided misceJlaneous observa-
tions. R. D. Bayer, R. W. Butler, K. M. Cheng, L. S.
Forbes, M. Hooper, T. E. Lacher, D. W. Mock p,
Unitt, and one anonymous reviewer commented on
earlier drafts.
LITERATURE CITED
Bayer, R. 1979. Bald Eagle-Great Blue Heron in-
teractions. Murrelet 60: 31-33.
Brandman, M. 1976. A quantitative analysis of the
annual cycle of behavior in the Great Blue Heron
.
ENDIX
essiner une carte au
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]
j
" I
"it
Gl1.eo-t Btu, Hwm ."",
:;:.i
&f,ac"-CJwwntd N,(ght H"", )/
,_,.,,11;,
Voubt'-cJl.eUtd COllmo"",," !
Gulli I
j
r,ta.nd
flooded 601tMt
FOllut 011 .ote.e.p .6.tope
Veep OOl1.eAt
Too many vti-UD1L6
fol1.MtI1.y opeJl1Ltio..
Vea.th DO ;(;Jr.'eA
wW~aU
Replacement by anothell.
.6peuu
ans.
~aJt.6 .
JIV HIM A/Y
A THREE YEAR STUDY O? THE GREAT BLUE HERON
IN SOUTHWESTERN BRITISH COLUMBIA
John P. Kelsall and Keith Simpson
canadian Wildlife Service
P.O. Box 340, Delta
British Columbia, Canada
since 1977 we have been studying various aspects of the status and vi-
apility of colonies of the great blue heron, A~dea herodiaa, en the south-
western mainland of British Columbia. Much.of our data remain .to be ana-
lyzed, statistically and biologically. This is an interim'report which
will cover some of the highlights of the research. While some of our re-
sults reinforce those of others, we believe some of them to be original.
METHODS
j
1
1
R
J.
1
We have studied 12 heron colonies, most of them through 3 breeding
seasons. We have actual counts or estimates of the number of successful
nests in each colony in each year, and fledgling success per nest per col-
ony has been determined in 27 of 33 cases. Comparing our results with
those in the literature, notably Mark (1976), leads us to believe that
the study area nesting habitat, comprising large groves of large t~ees near
heron feeding habitat, has been much eroded by urban and industriai sprawl
and development. Consequently there are fewer colonies than recorded in
the past. However, there is compensation in that the overall size of indi-
vidual colonies is larger and the total population of herons appears to be
at least as great as in the past. Thus a colony at the University of Brit-
ish Columbia, that was thought to be much depressed in 1972 with only '22
active nests. had 118 nests in 1978. Small colonies on both sides of the
Canada-United States border at Point Roberts (longitude 123025' N. latitude
490 W), have repeatedly had to relocate because of urban development since
1945. They are now temporarily safe just inside the United States with
240 active nests in a single colony, by far the most that have ever been
recorded. The high count of nests at a colony in Vancouver's Stanley park,
that has been under public scrutiny since 1921, was 42 nests in 1978 des-
pite intensive and growing use of the general nesting area for human recre-
ation. During tne 3 years 1977 to 1979 we have had from 650 to 800 repro-
ductively successful nests under surveillance.
RESULTS and DISCUSSION
I
Ii
,
tl
i
Nestina Trees. Within each colony we found remarkable fidelity to the
choice of a single tree species for nesting, even in mixed forest when other
suitable tree species are readily available. However, the species of choice
varies between colonies. Four colonies, which contained half our birds
when first enumerated, were in red alder (Alnus rubra). An additional 4
colonies, which contained 72 ,nests in total, were situated in Douglas Fir
(Pseudotsuga menziesii), and 4 with 158 nests in total were in black cot-
tonwood (Populus triahoaarpa). One colony of 10 nests was found in Sitka
spruce (Piaea sitahensis). In 2 colonies a mixture of trees were used,
perhaps through necessity. A 54 nest colony north of Vancouver made use of
-69-
Proc. Colonial
waterbird Group, 1979.
Vol. 3, 69-74.
l-;
a mixture of red alder and broadleaf maple (Acer macrophyllum), and a 169
nest colony used a mix of Sitka spruce, western hemlock (Tsuga hetero-
phylla), Douglas Fir and lodgepole pine (Pinus contorta). However, most. of
the birds in those colonies used broadleaf maple and Sitka spruce respect-
ively almost to the exclusion of the other tree species involved.
The fidelity of nesting herons for a particular tree species is well
illustrated by the University of British Columbia colony. At 5 sites used
by part, or all, of the colony only red alder has been chosen for nesting
even though, during a move of the entire colony which produced 118 nests
in 1979, the trees chosen were inferior in size and location to many other
possible choices. There is a suggestion (E. Taylor, pers. cornm_) that in
the past some components of the large Point Roberts colony may have used
broadleaf maple and Douglas Fir as .well as red alder.. If a move by a he-
ron colony from I tree speCies to another occurs, and it must, we have yet
to see it. It would be premature to suggest subspecific designations for
local populations of Ardea herodias based on the tree species in which they
nestl
Time does not permit a dissertation on our deductions and observations
regarding the mobility of heron colonies. However, we have a growing body
of evidence that they move, join with others, break up into smaller units
and are, in general, far more dynamic than we had suspected. Some of the
observed or historic movements are explicable. In other cases no reasons
are apparent. Interchange between colonies may sometimes account for ob-
served variability in numbers of nests from year to year.
Renroduction. In 1977, we attempted to follow reproductive success from
the egg to fledging by repeated visits, and SOme tree climbing, in our
study colonies. It was soon concluded that it was impractical, and per-
haps damaging, to visit, climb nest trees and disturb the birds on a regu-
lar basis. Subsequently we followed reproduction by observing all nests
in some colonies, and randomly chosen sample nests in others, once the
young are hatched and large enough to be visible while being fed. The
nesting trees are very large. Nest height, particularly in cottonwood and
Douglas fir but sometimes even in alder may be 30 rn or more above ground.
We found it prudent to hire professional tree climbers for efficiency as
well as for our safety.
Fledging success'varied from a low of 1.9 to a high of 3.1 per nest
per colony per year during our 3 ye~rs of observation. However,mean fled-
ging SUCcess for all colonies in each year was much less variable. ranging
from 2.5 young per nest in 1977 and 1978 to 2.9 young per nest in 1979_
Among 5 colonies from which we have 3 years reliable data, mean fledging
success ranged from 2.3 in the smallest colony under observation (7 nests
only), to a hign of 2.9 (Table 1). Our figures appear compatible with
those determined elsewhere in North America where great blue herons are re-
producing satisfactorily.
Our study colonies likely represent almost the entire breeding popula-
tion of the southwestern British Columbia mainland. The nests prQduce up-
ward of 1,930 young birds per year, judging from our nest count and fleq-
ging succes's (Table 1). At the moment we have no idea of post-fledging
survival but it has been suggested in both North America and Europe that
71% of young birds do not survive the first year of life (Owen 1960, Henny
1972) .
Predation. .In discussing interaction between herons and avian predators,
most observers (e.g. Bayer 1979) mention harassment rather than mortality.
We have gathered many incidental observations of avian harassment and pre-
dation on herons. Some are thought provoking, and some are inconsistent.
A colony of about 36 heron nests at Crescent Beach deserted their re-
gular nesting site for 2 years in 1972-1973, apparently because a pair of
-70-
Table t.
Colony
Coquitla'
Crescent
E dgewa te I'
Haney
Mcivor
Pol nt Ro: I
Sa lwein
Stanley II
Universi
Pender H;
Seche 1 t
Powell R
great horned owl~,
was reoccupied wtl
trast, a pair of
ny on the lower F
herons.
In 1979, a I
the centre of thE
complete abandonn
successfully nest
Harbour colony h~
was not occupied
heronry as a freE
were seen to takE
dults was suspect
turbance by the ~
much longer perie
ted predation by
They would knock
trails. Ravens c
roads in a colon)
they would also t
to take young her
In 1977 a 46-nest
of nearby nestin~
years. Crows apt
that the displaCE
\y.z z.....""~ a 169
(,T8Ug~~ero-
l "," ,Howe~r. most of
tkaspruce respect_
~nvolved.
~e species is well
(. At 5 sites used
:hosen for nesting
:oduced 118 nests
::ation to many other
:5. camm.) that in
)ny may have used
(f a move by a he-
: must, we have yet
:: designations for
}ecies in which they
)ns and observations
lave a growing body
.nto smaller units
:ted. Some of the
. cases no reasons
!s aCCount for ob_
:1 ve success from
.imbing, in our
.ctlcal, and per-
le birds on a ~egu-
:erving all nests
.hers, once the
leing fed. The
in cottonwood and
tOre above ground.
or efficiency as
of 3.1 per nest
However, mean fled-
variable, ranging
r nest in 1979.
a, mean fledging
ervation (7 nests
ompatible with
blue herons are re-
re breeding popula-
nests produce up-
t count and fled-
f post-fledging
and Europe that
(Owen 1960, Henny
avian predators,
er than mortality.
arassment and pre-
are inconsistent.
jeserted their re-
because a pair of
Table I. Great blue heron colonies studied between 1977 and 1979
showing the mean number of successful nests (nests from
which young birds fledged) and the mean number of fledg-
ings/nest. Where the period of observation is less than
3 years it is shown in brackets.
Colony Mean No. of Mean No.
Successful Nests Fl edged/Nes t
Coquitlam 121 2.3 (2)
Crescent Beach 42 2.9
. Edgewater 28 2.7 (2)
Haney 10
Mcivor 7 2.3
Poi nt Roberts 231 2.7
Salweln 102 2.6 (1)
Stanley Park 33 2.4
University of B. C. 101 2.9
Pe nde r Ha rbou r 29 (2) 2.6 (2)
Seche It 32 (2) 2.7 (2)
Powell River 6 (I)
Total 742 Mean 2.6
great horned owls (Bubo virginianus) occupied 1 of the nests. The colony
was reoccupied when the owls left and has been occupied since. By con-
trast, a pair of great horned owls took up residence in a 102 nest colo-
ny on the lower Fraser in 1979 with no apparent effect on nesting by the
herons.
In 1979, a pair of bald eagles (Haliaeetu8 Zeucocephalus) nested in
the centre of the Coquitlam colony (Table 1) and apparently caused its
complete abandonment even though some eggs were laid. Some of the herons
successfully nested a few kilometers away. Again by contrast the Pender
Harbour colony has an eagle nest within 15 m of its periphery. The nest
was not occupied in 1979, but in 1978 the eagles appeared to be using the
heronry as a free lunch counter. Several times during that summer eagles
were seen to take young birds from nests, and occasional predation on a-
dults was suspected. The heronry remained occupied, but occasional dis-
turbance by the eagles caused the adult herons to leave the colony for
much longer periods then would usually be the case. That in turn permit-
ted predation by ravens (Corvus carax). Ravens took eggs and young birds.
They would knock nestlings to the ground where they would eat the en-
trails. Ravens and crows (Corvus brachyrhynchos) could make serious in-
roads in a colony when large numbers of adults were frightened away, but
they would also try individual unprotected nests. Bald eagles were seen
to take young herons from nests at the Crescent colony on 2 occasions.
In 1977 a 46-nest colony was abandoned after egg laying, perhaps because
of .nearby nesting eagles, and the herons did not return in subsequent
years. Crows apparently destroyed the abandoned eggs. It is believed
~hat the displaced herons joined a larger colony about 6 km away. In
-71-
.
.
1-
.
My name is Gerald Lindner, and I live at 7413 Peltier Lake Drive. I am a lakeshore owner on Peltier Lake,
and I am representing myself.
Thank you for the opportunity to speak.
Skiing:
I am not an expert in many aspects of this lake, but I feel most knowledgeable in the sport of water-skiing
and my records for that. I am a Mechanical Engineer with a Masters Degree, who has been taught to make
decisions based of data and facts.
With only skiing twice in August of2000 after the herons have already left, and only once prior to
the birds leaving in 2001, it is hard for me to make the connection between water skiing and the leaving of
the herons.
In regard to the other issues that might be affecting the herons I feel it is important that a few facts are
noted.
Heron Food Sources:
I. Trout Air was open from 1969 until December 1998.
2. Articles prove that herons have been known to feed at night.
3. Peltier Lake fish population is changing to more game fish, less black bullheads and
roughish.
4. Black bullheads are one of the heron's food sources and it is possibly diminishing in
Peltier Lake.
5. Herons have been noted to be searching in a larger area for food.
Eagle PresencelPredation:
] . Whether or not the herons are predated by the bald eagles here on Peltier Lake still yet
needs to be proven, but the fact remains;
a. There is bald eagles nesting on Peltier Island and George Watch Lake I Y, miles
away,
b. Past studies show eagle predation, resulting in the death of herons and the
abandonment of other heron colonies in different states. A quote "Eagles can
also cause adult herons to leave nests, leaving eggs and small young vulnerable
to chilling and predation by corvids. Eagles may be an important factor
affecting heron productivity."
Other Factors: 35W construction, hydrofoil testing, helicopter fire training, and fire fighting cargo plane
filling
Lake Ecology
I understand that the aquatic macrophytes that exist north of the island (Charles Johnson, Aquatic
Biologist) may be helping to serve as a filtration system for the water coming into the north arm of the lake.
Lake Association Proposal Support
I fully support the Lake Association proposals that if a no-wake zone is needed that it be at the bog
poles or a angled line 100 feet south of the comer of the island, or as Lino Lakes City Council passed on
Monday, an angled line 200 feet south of the island, with a "sunset clause" to review additional facts in 2-3
years.
Work Together to Find More Facts and Information:
I want to work personally, and with my lake association to combine efforts with the Anoka County
Parks, DNR, and RCWD to find out more about how we can improve this lake ecosystem and wildlife so
that all can enjoy it.
Final Requests:
When weighing your decision [ would like to respectfully request that:
. Please be objective and look at all of the facts before you
. Keep in mind the wills of the Peltier Lake Association, the hours of deliberation and hard
work need to be recognized,
. Finally the lakeshore owners have to live with and live together with whatever ordinances
are put in place every day of the year.
[ kindly thank you for your time.
Gerald Lindner
" . .
Peltier Lake Association Proposal
March 4. 2002
I
On March 4, 2002, the Peltier Lake Association met with a quorum of Lake I
Association members present. The following proposal was discussed ami voted on I
with a unanimous passing vote. The motion stated: 1
"If a no-wake zone is needed, have the "no-wake zone" include all area north
of the existing bog poles."
As was mentioned as reasons by lake association members present, this is a barrier
that already exists and appears to be the most easily enforced, appeases public
safety consideration, least expense for all organizations involved, allow northeast
Lakeshore owners access to lake, and mitigates property value concerns.
An additional motion was made and voted on and passed with a unanimous passing
vote. This motion stated:
"No additional restrictions on the southern part of the lake apply to this
proposal."
Please respectively accept this proposal.
If this is not acceptable please allow the Lake Association to present a second
option.
Officers and Board Members:
President: Wayne LeBlanc (651) 426-0168 1677 Peltier Lake Drive Email: WLcenterville@hotmail.com .
Secretary: Jerry Lindner (612) 514-5213 7413 Peltier Lake Drive Email: Gerald.lindnerra>medtronic.com ~ ~
Treasurer: Steve Marcello (651) 426-4679 1649 Peltier Lake Drive Email: smarcello@uswest.net
Director #4:: Paul Deniz (651) 429-1823 1667 Peltier Lake Drive Email: sp2skis@netzero.net
Director #5: Hal Wegner (651) 407-8256 1525 Peltier Lake Drive Email: Harland.Wegner1al2s.moore.com
.I..,
.
Peltier Lake Association
March 4. 2002
Second Proposal
On_March 4, 2002, the Peltier Lake Association met with a quorum of Lake
Association members present. The following proposal was discussed and voted on
with a unanimous passing vote. This motion stated:
"Second Proposal
If a no-wake zone is needed, this "no-wake zone" should include all areas north
of a line starting from the west shore, a east/west line 100 feet south of the
southern most tip of the island, running east to the southeast tip of the island,
angling to the northeast to a position north of Ron Marier's fence line."
An additional motion was made, discussed, voted on and passed with a unanimous
passing vote. This motion stated:
"No additional restrictions on the southern part of the lake apply to this
proposaI."
Officers and Board Members:
President: Wayne LeBlanc (651) 426-0168 1677 Peltier Lake Drive Email: WLcenterviIle@hotmail.com
Secretary: Jerry Lindner (612) 514-5213 7413 Peltier Lake Drive Email: Gerald.lindner@medtronic.com
Treasurer: Steve Marcello (651) 426-4679 1649 Peltier Lake Drive Email: smarcello@uswest.net
Director #4:: Paul Dentz (651) 429-1823 1667 Peltier Lake Drive Email: sp2skis@netzero.net
Director #5: Hal Wegner (651) 407-8256 1525 Peltier Lake Drive Email: Harland.Welmer@es.moore.com
,
1../11
~"jl~ Bonestroo
, ;
Ii. 1.IIlIII Rosene
'1]\ " Anderlik &
1_, l .
\; \ I \ AssoCIates
, ,'".
Engineers & Architects
February 25, 2002
Ms. Kim Moore-Sykes
City of Centerville
1880 Main Street
Centerville, MN 55038
Bone~troo, Rosene, Anderllk and Associates, Jne. is an Affirmative Action/Equal Opportunity Employer
and Employee Owned
Principals: Otto G. Bone~troo. P.E. .. Marvin l.. SOrval<l. RE. . Glenn R. Cook, P.E. . Roben G. Schunicht. P.E. .
Jerry A. Bourdon, P.E.
Senior Consultants: Robert W. Rmene. PE. . Joseph C. Ander)il<. P.E. . Richard E. Turner. P.E. . Susan M. Eberlin. c.P.A.
Associate Principals: Keith A. Gordon, P.E. . Robert R. Pfefferle. r.E. . Richard W. Foster, P.E. . David O. Laskota, r.E. .
Mark A. Hanson. r.E. . Michael T. Rautmann. P.E. . Ted K. Field. P-E. . Kenneth P. Anclerson, r.E. . Mark R. Rolfs, r.E. .
David A. Bonestroo. MBA . Sidney r. Williamson, RE.. L.S. . Agnes M. Ring. M.B.A. . Allan Rick Schmidt. PE. .
Thom<1s W. Peterson. PE.. James R. Maland. P.E. . Miles 8. Jensen. P.E.. L. Phillip Gravelll!. P.E. . Daniel J. Edgerton, p.E. .
Ismael Martinez. P.E. . Thomas A. Syfko. PE, . Sheldon J. JOhnson' Dale A. Grove. RE. . Thomas A. Roushar. P.E. .
Robert J. DeIJery. r.E.
Offices: Sr. Paul. St. Cioud, Rochester and Willmar. MN . Milwaukee. WI . Chicago, IL
Webslte: www,bonestroo,c:om
~ iW-f-lj ~~
Re: Lift Station No.1 Upgrade
Bonestroo Project NO.6 [6-01-125
Dear Ms. Moore-Sykes;
Enclosed are two (2) [I"x 17" and six (6) 8 y,"x] I" plan sets for the Lift Station No, [
renovation. This lift station renovation has been discussed with Paul Patzer of Centerville Public
Works. Two possible options for this renovation were investigated.
Ootion No.1 Replace existing pumps with a non-clog submersible pump, new controls, and a
valve vault. Total Construction Cost = $73,100
Ootion NO.2 Replace existing pumps with submersible grinder pumps and controls. This style
of pump grinds up the solids and requires smaller discharge pipes, which allows
all valves to be installed in the existing wet well. The valve vault installation is
not required with this option. Total Construction Cost = $50,000
Following discussions with Paul, Option No.2 was selected as the preferred renovation plan.
The construction cost is significantly lower because a large valve vault structure would require
expensi ve dewatering to install.
We therefore request that the City Council approve the Lift Station No. I Plans and Specs and
order Advertisement for Bids
Please call me at (651) 604-4848, or Tom Peterson at 65 [ (604) 4868 if YOll have any questions.
Very truly yours,
BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INe.
Of~
Daryl Kirschenman, P.E.
Enclosures
2335 West Highway 36 " St. Paul, MN 55113" 651-636-4600' Fax: 651-636-1311
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'Esta61islid 1857
STAFF REPORT
DATE:
March 13, 2002
TO:
Honorable Mayor and Councihnembers
FROM:
Kim Moore-Sykes, City Administrator
RE:
21" Avenue
I...........................................................................
BACKGROUND
I have had several calls from the owner of Noble Welding asking if the Cities ofLino
Lakes and Centerville will be reconstructing 2 I" A venue. He reported that the condition
of the current road is very bad and is in desperate need of repair. I've called the Lino
Lakes City Administrator, who is checking with their city engineer to see where they are
in the project
RECOMMENDATION
Based on Council discussion.
At~..
(!~Vvrt~
p~ ~ :t:::;-
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1880 'Main Street <I Centerville, 'Jvf'J'{ 55038
(651) 429-3232 ~ :Fai( (6-51) 429-8629
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF CENTERVILLE
RESOLUTION #02-007
DEAD BROKE SADDLE CLUB
WHEREAS, the Centerville City Council met at its regularly scheduled meeting ofMMch 13, 2002;
and
WHEREAS, the Centerville City Council discussed the submitted application of the Dead Broke
Saddle Club and their operation of paddle wheels, pull-tabs, tip boards and raffles at Wiseguy's Pizza &
Pub, 7095 - 20th Avenue South; and
WHEREAS, the City ofCenterville HAS conducted an investigation of the Dead Broke Saddle Club;
and
WHEREAS, the Dead Broke Saddle Club is in compliance to City Ordinance #51; and
WHEREAS, the Dead Broke Saddle Club appears to take into consideration the best interest of the City
ofCenterville; and
NOW, THEREFORE BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF
CENTERVILLE approves the charitable gambling activity of paddle wheels, pull-tabs, tip boards and
raffles at Wiseguy's Pizza & Pub, 7095 - 20th Avenue South, Centerville, Minnesota.
Approved and Adopted by the Centerville City Council on March 13, 2002.
Mayor Tim Swedberg
ATTEST:
Kim Moore-Sykes, City Administrator
JJIt":; ::j Cl'Ji}:,; , 'J~ fh. .
:1 , ~;k,~ '.\) ,'..} l.liMj~ .,'. t /\ '
Lawful Gambling . i'i
,or Pull-Tab, Paddlewheel, Tipboard, and/or Raffle Activity - LG221
Street Address C,y State Zip Daytime Phone
707 Zor(,~", J-rP"I:. ffi4/' C.5/-~53' 861<
Name of Lessor Street Address C,y State Zip Daytime Phone
(If same as legal owner, write in "SAME") J'L1# ....._
k-:-...."rf( ~ y~ A-,- ",~-t. ':'8?z c<'..h---""If' dc~,,>4,.-,-,./lS50J6'CO--;-~53-/18'l
Name of Leased Premises Street Address City Zip qay1!me Phone
LV;s" .<?z<-" w-~ '0'1.> zoffl1'<-"',5 c"",,,-;;',...If'c /7;</5",:;036 bY/..S3/077'
Name 0 essee (name of organization leasing the premises) GCB license no. of organization Daytime Phone
c",.P' .3rd"" Y;/H.-.- c,,{.5 8-036'00 ;y/-f!'-72Z--5~
Rent Information
. '
,.
. .
;"" r./ f:>,,....... ,:-.-..>/1"";-
'-- .-- -- -' ~ (
, .
feet by B feet for a total of f/8 square feet.
feet by feet for a total of square feet
feet by feet for a total of square feet
feet by feet for a total of square feet
feet by feet for a total of square feet
Combined total square feet.
o Total rent cannot exceed $1,000 per month for all
non-bingo activity for this premises.
orar bingbactivity, use lease form LG222,
For pull-tab dispensing machines, use lease form
LG223,
Sketch and Dimensions of Leased Area
Sketch: For all areas being leased for the conduct
of gambling and storage of gambling product at this
premises, attach a sketch (drawing) showing: (1) the
leased area(s), and (2) the dimensions,
Dimensions /.
The leased areas are: (.#
Storage
Storage
o An organization may not pay rent to itself or to
any of its affiliates for space used for the conduct
of lawful gambling,
Rent to be paid per month $
(If no rent is to be paid, indicate -0-)
/00
= .
-
For Premises Permit Renewal Applications Only: If no
changes have been made at the site, you do not have to
complete this section or provide a sketch,
Lawful Gambling Activity
Type of gambling activity that will be conducted at this gambling premises, Check all that apply,
rn Paddlewheels IKI Pull-Tabs ~ Raffles Tipboards
Term of Lease Amended Lease Only
The term of this lease agreement will be concurrent with
the premises permit issued by the Gambling Control
Board, unless terminated sooner by mutual consent of
the lessor and lessee,
If this is an amended lease showing changes occur-
ring during the term of the current premises permit,
write in the date that the changes will be effective
_1_1_, Both parties that signed the lease
must initial and date all changes,
Questions on this form should be directed to the Licensing
eclion of the Gambling Control Board (Board) at 651-639-
4000. This publication will be made available in alternative
formal (i.e, large print, Braille) upon request. Hearing impaired
individuals using a TIY may call the Minnesota Relay Service
at 1.800-627-3529 and ask to place a cail to 651-639-4000,
The information requested on this form wiil become public
information when received by the Board, and will be used to
determine your compliance with Minnesota statutes and rules
governing lawful gambling activities,
Page 1 of 2
1/99
for Pull-Tab, Paddlewheel, Tipboard, and/or Raffle Activity -tG221
I
'.,
~. ,
...ESSOR PROHIBITIONS
4. The lessor shall not modify or
terminate this lease in whole or in part
due to the lessor's violation of the
provisions listed on this lease.
'. \~
Management of Gambling
Prohibited
. The owner of the premises or the lessor
wiil not manage the conduct of gambling
at the premises.
Participation as Players Prohibited
The lessor, the lessor's immediate family,
and any agents or gambling eI11ployees
of the lessor will not participate as players
in the conduct of lawful gambling on the
premises.
I/Iegal Gambling
1. The lessor is aware of the prohibition
~gainstillegal gambling in Minnesota
Statutes, section 609.75, and the
penalties for illegal gambling
violations in Minnesota Rules, part
7861,0050, subpart 3.
2. To the best of the lessor's knowledge,
the lessor affirms that any and all
games or devices located on the
premises are not being used, and are
not capable of being used, in a
manner that violates the prohibitions
against illegal gambling in Minnesota
Statutes, section 609.75, and the
penalties for illegal'. gambling
violations in Minnesota Rules, part
7861.0050, subpart 3.
3. Notwithstanding Minnesota Rules,
part 7861,0050, subp. 3, an
organization must continue making
rent payments, pursuant to the terms
of the lease, if the organization or its
#
.
OTHER OBLIGATIONS AND AGREEMENTS'~ Attachment.
All obligations and agreements between the organization and the lessor are contained in, or attached to this lease.
(Attach additional sheets if necessary. Any attachments to this lease must be dated an signed by both the lessor and
the lessee.)
I.. ~ tit.. d'-=- ~
.
As
fI',":
This lease is the total and only agreement between the lessor and the organization conducting lawful gambling activities
other than bingo and puil-tab dispensing devices. There is no other agreement and no other consideration required between
the parties as to the lawful gambUng and other matters related to this lease. Any changes in this lease will be submitted to
the Gambli Control B rd ten ays ior to the effective date of the change.
F
3-,,-""~
Date
Print Name and Title of Lessor
Page 2 of 2
1/99
..sota Lawful Gambling
...G214 Premises Permit Application
Page 1 of 3
7/01
Check #
FOR BOARD USE ONLY
Amount
Class of Permit Premises Permit'Fee
During ::<r1d year of
Check one Two years organization license
0 Class A . PulHabs, tipboards, paddlewheels, raffles, bingo $400 $200
~ Class B - Pull-tabs, tipboards, paddlewheels, raffles $250 ( $125)
0 Class C - Bingo only OR bingo and pull-tabs when total gross $200 $100
receipts does not exceed $50,000 per year
0 Class 0 - Raffles on Iy $150 $ 75
Expiratation date
Organization Information
Organization name (as it appears on documentation filed with
Minnesota Secretary of State or Internal Revenue Service)
Pc"" J: /lrcl-c:: Ji../'./k C/<../6
Name of chief executive officer (cannot beyourgambling manager)
Organization license number
/I/c J.... I J /3<///'.:-s..;
8-' 0 S c9o<'"~
Daytime phone number,
including area code
CIl 3'st7 8c.oL-
Gambling Premises Information
Name of establishment where gambling will be conducted Street address (do not use a PO. box number)
14/.'s",-<"o<; ;2:.;:'<... <i- ,/'~6 7075- Zc/) ..c S
City & county where gambling premises is located-DR-Township & county where gambling premises is located if outside city limns
[..-.{frrv. /Ie /a,d "'--
Is the premises located within city limits? Yes.~ No 0
If No, is township: 0 Organized
o Unorganized
o Unincorporated
Does you~anization own the building where ttie gambling will be conducted?
DYes l<:\J No If no, attach (1 ) the appropriate lawful gambling lease form, and
(2) the sketch of all leased areas with dimensions and square footage clearly defined
A lease and sketch are not required for class 0 applications.
Name of legal owner of premises Address City State/Zip
of
~t' LT'
2~. '7....~
~.~"" h L",
/1'.(./
-----
./:> <':J
Address(es) of Storage Space of Gambling Equipment
List all locations where used and unused gambling product is stored. Do not use a P.O. box number.
(Attach an additional sheet if necessa'Y.)
Address City state/Zip
/'1'tik # ,-j.-e;#,;' H'... z- #' hr'.",J/- /'~ " <=- //',/f/ 55"oz:'/
r,,'7c. /70 -4~/- #<./"0 /7),/ E-oJ'$
LG214 - Premises Permit Application
Bingo Occasions for Class A or C Permits
If applying for a class A or C permit, enter day and beginning/ending hours of bingo occasions (indicate A.M. or P.M.). No
more than ten bingo occasions may be conducted per week. An occasion must be at least one and ane-hatf hours, not to
exceed four hours.
Dav Beainnina/Endina Hours
Dav
to
to
to
to
Noon Hour Bingo Only
~ Beainnina/Endina Hours
Dav
Beainnina/Endina Hours
to
to
to
to
Gambling Bank Account Information
Bank name
<< -'.. S'/,' . .....,~. /3", '"' 4-..-
Bank street address
c/ c .5-r-
Page 2 of 3
7/01
Beainnina/Endina Hours
Dav
Beainnina/EncLina l::Iours
"
to
to
to
to
to
to
Dav
Beainnina/Endina Hours
to
to
to
Bank account number'
City
;/"f/'-:J /-
. New organizations: The account number may be obtained and submitted to the Gambiing
Controi Board within ten days after you receive your premises permit.
Name, address, and title of members authorized to sign checks from the gambling account. The organization's
treasurer may not handle gambling funds.
Name Street Address City Zip Code
,'"" .
\~ \4:l'OO \.\ CtI.'(""<""OlA..) ~'-V" ~o re~"\"'" L.c.,v mY'- S5oz..S
. '-\- t-l>.. So+- V'
Acknowledgment
Gambling site authorization
I hereby consent that local law enforcement officers,
the board or agents of the board, or the commissioner
of revenue or public safety or agents of the
commissioners may enter the premises to enforce the
law.
Bank records information
The board is authorized to inspect the bank records of
the gambling account whenever necessary to fulfill
requirements of current gambling rules and law.
Organization license authorization
I hereby authorize the Gambling Control Board to
modify the class of organization license to be
consistent with the class of premises permit being
applied for.
Oath
[ declare that:
I. I have read this application and all information submitted
to the board is true, accurate, and complete;
2. all other required information has been fully disclosed;
3. I am the chief executive officer of the organization;
4. I assume full responsibility for the fair and lawful
operation of all activities to be conducted;
5. [will familiarize myself with the laws of Minnesota
governing lawful gambling and rules ofthe board and
agree, if licensed, to abide by those laws and rules,
including amendments to them;
6. any changes in application information will be submitted
to the board and local unit of government within ten days
of the change; and
7. I understand that failure to provide required information
or providing false or misleading information may result
in the denial or revocation of the license.
S -c;.-o ;L-
Date
,
LG214 - Premises Permit Application
Page 3 of 3
7/01
Local Unit of Government Acknowledgment and Approval
If the gambling premises is within city limits, the city must sign this application and provide a resolution.
. -- -- .
On behalf of the city. I hereby acknowledge this
application for lawful gambling activity atthe premises
located within the city's jurisdiction, and that a Print name of city
resolution specifically approving or denying the
application will be forwarded to the applying
organization. Signature of city personnel receiving application
Title Date
If the gambling premises is located in a township, both the county and township must sign this application.
The county must provide a resolution.
For the townshio On behalf ofthe township, I
acknowledge that the organization is applying to Print name of township
conduct lawful gambling activity with in the township
Iimils.
A townsh ip has no statutory authority to approve or Signature of township official acknowledging application
deny an application (Minn. Stat. 349.213, subd. 2). Title Date
For the county On behalf of the county, I hereby Print name of county
acknowledge this application for lawful gambling
activity at the premises located within the county's
.juriSdiction, and that a resolution specifically Signature of county personnel receiving application
approved or denying the application will be for-
warded to the applying organization. Title Date
The information requested on this form (and any
attachments) will be used by the Gambling Control Board
(Board) to determ ine your qualifications to be involved in
lawful gambling activities in Minnesota, and to assist the
Board in conducting a background investigation of you.
You have the right to refuse to supply the information
requested; however, if you refuse to supply this
information, the Board may not be able to determine your
qualifications and, as a conseque'rice, may refuse to issue
you a premises permit. If you supply the information
requested, the Board will be able to process your
application.
This form may require the disclosure of your Social
Security number. If so, your Social Security number will
be used to determine your compliance with the tax laws of
Minnesota. Authorization for requiring your Social
Security number is found at 42 U.S.C. 405 (c)(i).
Your name and address will be pubiic information when
received by the Board. All the other information that you
provide will be private data about you until the Board issues
your premises permit. When the Board issues your
premises permit, all of the information that you have
provided to the Board in the process of applying for your
premises permit will become public except for your Social
Security number, which remains private. If the Board does
not issue you a premises permit, all the information you
have provided in the process of applying for a prem ises
permit remains private, with the exception of your name
and address which will remain public.
Private data about you are available only to the following:
Board members, staff of the Board whose work assignment
requires that they have access to the information; the
Minnesota Department of Public Safety; the Minnesota
Attorney General; the Minnesota Commissioners of
Administration, Finance, and Revenue; the Minnesota
Legislative Auditor, national and international gambling
regulatory agencies; anyone pursuant to court order; other
individuals and agencies that are specifically authorized by
state or federal law to have access to the information;
individuals and agencies for which law or legal order
authorizes a new use or sharing of information after this
Notice was given; and anyone with your consent.
Questions? Call the Licensing Section of the Gambling Control Board at 651-639-4000. If you use a TTY, you can call
the Board by using the Minnesota Relay Service at 1-800-627-3529 and ask to place a call to 651-639-4000. This form
will be made available in alternative format (i.e. large print, Braille) upon request.
1_
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?f//.YCc1l/f:S jJ/z & "i:.- 9- /v6
707'5 zo ~ ~-G.- .5
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tP..>-i- #.3 - /077
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CITY OF CENTERVILLE
03108/02 2:42 PM
Page 1
*Check Summary Register@
MARCH 2002
Name
Check Amt
10100 THE COUNTY BANK
Check Date
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
ABDO, ABDO, EICK
BARNA, GUZV & STEFFEN L TO
BOYER TRUCK PARTS
CALIFORNIA CONTRACTORS SUPPLlE
CLEARWATER CREEK
CONNEXUS ENERGY
CORNER EXPRESS
EXCEL TELECOMMUNICATIONS INC
HAWKINS WATER TREATMENT
HUGO FEED MILL
IMAGE PRINTING & GRAPHICS
INDUSTRIAL CHEMICAL LABS
MET. COUNCIL ENV, SERVo (SDS)
OTTER LAKE ANIMAL CARE CENTER
PRESS PUBLICATIONS
aWEST
RICHARD S. CARLSON
STAR TRIBUNE
SUBURBAN INSPECTIONS
TIME SAVER
U.S. BANK TRUST NATIONAL ASSOC
US BANK CORPORATE TRUST SVCS
VERIZON WIRELESS, BELLEVUE
XCEL ENERGY
$260.00
$4,660.65
$118.33
$95.40
$130.95
$360.46
$104.37
$9.51
$824.88
$42.27
$112.82
$909.99
$9,167.60
$982.00
$68.75
$52.00
$6,669.10
$760.00
$307,80
$345.63
$942.50
$350,00
$293.55
$1.471.05
$29,039.41
Total Checks
.
"'7."'''''''~":t!~.
Amount
CITY OF CENTERVILLE
CASH RECEIPTS
MARCH 1 THROUGH MARCH 8, 2002
Tran
Date Refer Comments
Batch
Name
03/08/02 2:34 PM
Page 1
Account Oeser
FUND 101 GENERAL FUND
Act Type G
$64.07
Act $64.07
Act Type R
Act
$25.00
$500.00
$20.50
$45.50
$25.00
$225.00
$3,064.04
$8.00
$22.92
$'110.50
$8.00
$10.00
$16.00
$8.00
$40.50
$4,128.96
FUND 10
$4,193.03
3/5102
3/1/02
3/1/02
3/1/02
3/7/02
3/7/02
3/7/02
3/7/02
3/7/02
3/7/02
3/7/02
3/7/02
317102
3/7/02
3/8102
318/02
o UB UR Receipt Group 01 RE 03-05-02
06874 BEAVER POND WAY - 0301021
o TOM THUMB - FAILED COM 0301021
06812 20TH AVE S - M02-008 0301021
06645 20TH AVE STE 2A # PO 030702
01638 HUNTERS TRL - 02-01 030702
o 1638 HUNTERS TRL - 02-01 030702
01638 HUNTERS TRL - 02-01 030702
o DOG LICENSE # 122 $ #121 030702
o REFUND - US TREASARY 030702
07020 BRIAND CT - # C02-01 030702
o DOG LICENSE #126 - S. 2U 030702
o CITY MAP - R. SHEPPARD 030702
o DOG/CAT LICENSE 2002-20 030702
o DOG LICENSE # 123 - P. TU 03-08-02
o 1844 PRAIRIE DR - M02-009 03-08-02
FUND 415 STORM WATER IMP PROJECTS
Act Type R
Act
$13.72
$1.37
$3.77
$37.40
$13.28
$1.72
$200.00
$4.00
$1.87
$0.19
$277.32
FUND 41
$277.32
FUND 601 WATER FUND
Act Type R
$401.64
$40.16
$0.04
$0.34
$74.35
$0.66
$73715
3/1/02
3/1/02
315/02
315102
3/7/02
3/7/02
3/7/02
3/7/02
3/8102
3/8/02
3/1/02
311/02
3/1/02
3/1102
3/5/02
315/02
315/02
o UB Receipt Serv 10 DRAIN F 3-01-02
o US Receipt Serv Pen 10 ORA 3-01-02
o UB Receipt Serv Pen 10 ORA 03-05-02
o US ReceIpt Serv 10 DRAIN F 03-05-02
o US Receipl Serv 10 DRAIN F 3-7-02
o US Receipt Serv Pen 10 DRA 3-7-02
o 1638 HUNTERS TRL - 02-01 030702
o UB Receipt Serv 10 DRAIN F 3-7-02
o US Receipt Serv 10 DRAIN F 03-08-02U
o US Receipt Serv Pen 10 ORA 03-08-02U
o UB Receipt Serv 1 WATER 3-01-02
o US Receipt Serv Pen 1 WAT 3-01-02
o US Receipt Serv Pen 30 WA T 3v01-02
o UB Receipt Serv 30 WATER 3-01-02
o US Receipt Serv Pen 1 WAT 03-05-02
o US Receipl Serv 30 WATER 03-05-02
o UB Receipt Serv 1 WATER 03-05-02
G 101-11500 Accounts Receivable
R 101-32225 Electrical Inspection
R 101-35000 Fines and Forfeits
R 101-32210 Building/Mech. Permits
R 101-32180 Plumbing Permits
R 101-32250 Mail Box Fees
R 101-32300 Site Maintenance Fees
R 101-32210 Building/Mech. Permits
R 1 01 ~32200 Animal Licenses
R 101-36270 Refunds/Reimbursements
R 101-32225 Electrical Inspection
R 101-32200 Animal Licenses
R 101-36270 Refunds/Reimbursements
R 101.32200 Animal Licenses
R 101-32200 Animal Licenses
R 101-32210 Building/Mech. Permits
R 415-32350 Storm Water Drainage Fu
R 415-32350 Storm Water Drainage Fu
R 415-32350 Storm Water Drainage Fu
R 415.32350 Storm Water Drainage Fu
R 415-32350 Storm Water Drainage Fu
R 415.32350 Storm Water Drainage Fu
R 415~32350 Storm Water Drainage Fu
R 415.32350 Storm Water Drainage Fu
R 415-32350 Storm Water Drainage Fu
R 415.32350 Storm Water Drainage Fu
R 601-37100 Water Sales
R 601-37100 Water Sales
R 601-34400 Safe Drinking Water Fee
R 601-34400 Safe Drinking Water Fee
R 601-37100 Water Sales
R 601-34400 Safe Drinking Water Fee
R 601-37100 Water Sales
"
p
.
Amount
Act
$0.08
$1,500.00
$290.00
$43.72
$437.21
$3,525.35
FUND 60
$3,525.35
FUND 602 SEWER FUND
Act Type R
$308.33
$30.87
$84127
$84.79
$1,200.00
$388.64
$38.36
$2,000.00
$4.21
$42.13
$4,939.10
Act
FUND 60
$4,939.10
FUND 617 RECYCLING
Act Type R
$6,497.71
Act
$6,497.71
FUNU 61
$6,497.71
$19,432.51
CITY OF CENTERVILLE
CASH RECEIPTS
03/08/022:34 PM
Page 2
MARCH 1 THROUGH MARCH 8, 2002
Tran
Date Refer Comments
3/5102
3/7102
3/7102
3/7/02
3/7102
3/1/02
3/1/02
3/5/02
3/5/02
3/7/02
3/7/02
317/02
3/7/02
3/8/02
3/8102
3/7/02
Batch
Name
o US Receipt Serv Pen 30 WAT 03-05-02
01638 HUNTERS TRL - 02-01 030702
o 1638 HUNTERS TRL - 02-01 030702
o US Receipt Serv Pen 1 WAT 3-7-02
o US Receipt Serv 1 WATER 3-7-02
o US Receipt Serv 6 SEWER
o US Receipt Serv Pen 6 SEW
o US Receipt Serv 6 SEWER
o US Receipt Serv Pen 6 SEW
o 1638 HUNTERS TRL - 02-01
o US Receipt Serv 6 SEWER
o UB Receipt Serv Pen 6 SEW
01638 HUNTERS TRL - 02-01
o US Receipt Serv Pen 6 SEW
o US Receipt Serv 6 SEWER
3-01-02
3-01-02
03-05-02
03-05-02
030702
3-7-02
3-7-02
030702
03-08-02U
03-08-02U
o 2001 SCORE REIMSURSEM 030702
Account Oeser
R 601~34400 Safe Drinking Water Fee
R 601-37150 Water Connect/Reconnect
R 601-34600 Water Meter Charges
R 601-37100 Water Sales
R 601-37100 Water Sales
R 602-37200 Sewer Sales
R 602-37200 Sewer Sales
R 602-37200 Sewer Sales
R 602-37200 Sewer Sales
R 602-34700 SAC Charges
R 602-37200 Sewer Sales
R 602-37200 Sewer Sales
R 602-37250 Sewer Connect/Reconnec
R 602-37200 Sewer Sales
R 602-37200 Sewer Sales
R 617-36270 Refunds/Reimbursements
.
I'
-
Centennial Fire District
Check Register
3/6/02
The disbursements listed below are submitted by the Centennial Fire District for your approval:
DATE
3/6/02
3/6/02
3/6/02
3/6/02
3/6102
3jf'J/01
3/6/02
3/6/02
3/6/02
3/6/02
3/6/02
3/6/02
3/6/02
316/02
3/6/02
3/6/02
3/6/02
3/6/02
3/6/02
3/6/02
3/6/02
316/02
3/6/02
3/6/02
3/6/02
CHECK# NAME
13103
13104
13105
13106
13107
13108
13109
13110
13111
13112
13113
13114
13115
13116
13117
13118
13119
13120
13121
13122
13123
13124
13125
13126
13127
Anoka-Technical College
Arc Action Radio & Communications, Inc.
Arch Wireless
Arthur Mohler
Best Buy
Bredahl Plumbing, Inc.
Centennial Utilijies
David Bruder
Emergency Apparatus Maintenance
Hugo Feed Mill & Elevator
Image Printing & Graphics
McLeod USA
Metro Fire
Metrocall
North Suburban Regional Mutual Aid Assoc.
Northland Fire & Security, Inc.
Orkin Extenninating
Oxygen Service Company, Inc.
Susan Booth
Tom Mischke
Verizon Wireless
Viking Office Products
Grafix Shoppe
Anoka County Highway
Tom Kruger
1 of 1
ACCOUNT
42220 - Travel, Conference, School
42280 - Miscellaneous Expense
42240 - Telephone Expense
42110 - Other Maintenance
42180 - Office Supplies
42110 - Other Maintenance
42251 - Station 1 - Gas
42120 - Unifonn Expense
42000 - Vehicle Maintenance
42130. Equipment Expense
42180 - Office Supplies
42240 - Telephone Expense
42130 - Equipment Expense
42240 - Telephone Expense
42200 - Dues and Memberships
42130 - Equipment Expense
42110 -Other Maintenance
42270 - Breathing Air
42280 - Miscellaneous Expense
42130 - Equipment Expense
45500 - Firefighter Cell Phone Ex.
42180 - Office Supplies
11100 - Equipment Expense
42280 - Miscellaneous Expense
42280 - Miscellaneous Expense
Total
AMOUNT
1,345.50
607.05
11.37
8.61
40.45
487.65
581.90
45.00
2,561.78
3.50
156.93
355.62
5,730.49
71.90
150.00
125.00
51.12
95.00
132.00
50.47
255.35
24.96
1,770.00
5,256.00
500.00
$20,417.65
."
,
.
.f
\
,.pi'
TO: Honorable Mayor and Council Members
FROM: Staff
SUBJECT: Permanent Natural Buffer Area (Ord. #4 Division 145: Wetland
Protection and Management)
DATE: March 8, 2002
I researched the Wetlands Conservation Act of 1999 on the Minnesota Board of Waters
& Soil web site and was unable to ascertain a definition as requested by Council. I
contacted the Board of Waters and spoke with a Mr. Phil Delfioria regarding same. Mr.
Delfioria stated that there was no formal definition of a Pennanent Natural Buffer Area in
the Wetlands Conservation Act of 1999. Mr. Delfioria stated that the purpose of a buffer
area is to protect the wetlands and suggested that Council specuy the purpose of
protection, i.e. water quality, natural habitat or aesthetics and define the size of the buffer
area. Mr. Delfioria suggested obtaining other cities' Wetland Ordinances that address
this issue for reference.
.'
,
.
,
AMENDMENTS TO ORDINANCE #4
1. Division 30: Non-conforming Uses and Structures: #B: The time frame for
an abandon or discontinued use has been extended to 12 months rather than 6
months under state statute.
2. Division 75: Final Grading and Landscaping: subd.l: After "grade as
specified" the following language should be added "except during inclement
weather an escrow shall be deposited with the City as approved in the fee
schedule.
3. Section 080-100: Industrial District - Item "Special Requirements": This
section should be deleted, Section 135-140 is more comprehensive and
complete; however, the following language, "Adult oriented businesses are
regulated separately by City Ordinance" should be contained in the first
paragraph of the first page.
4. Section 110: Sign Regulations: This section should be deleted due to
Ordinance #39, Signage.
5. Division 135-140: Outside Storage: Residential Districts: The heading
should be changed to include "an Dwelling Units in the M-I District".
6. Front yard set back on lakeside and rear yard at street side.
7. Division 70: Site Plan Review Required: "by the Zoning Administrator or
their designee. Said review shall take place thirty (30) days prior to the
desired Planning and Zoning meeting. For example, if a property owner
desires to construct a home (or any other structure) and desires to have it
presented to the Planning and Zoning Commission in May, the application and
site plan need to be presented to the Zoning Administrator or hislher designee
the first week in April. "
8. Delete Sections 205-010 & 020.
9. Add the following language regarding Commercial District.
General Minimum Requirements
The following minimum requirements, as set forth, shall apply to aU buildings that may
be erected, converted or structurally altered in Commercial Districts.
Setback. See Table A - Schedule of District Regulations Lot and Yard
Requirements.
Building Height in Commercial Districts
As provided in Division 115.
Off Street Parking
As provided in Section 36 ofthis Ordinance.
In addition to Division #90
A. Space for a single vehicle shall be nine (9) feet by eighteen (18) feet or
larger.
Page I of9
.
#
B. Off street parking area shall be surfaced with asphalt or concrete, and with
permanent concrete curbs to define driveways and parking limits. Plans
and specifications for parking areas shall be reviewed by the Rice Creek
Watershed District and approved by the City through the site plan review
process.
C. There shall not be off street parking within five (5) feet from any street
right-of-way nor five (5) feet from any other lot line.
D. Also see Division 165.
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 parking, off
- street loading, or storage, and shall be landscaped. The landscape treatment shall include
a compact screen wall or fence, but shall not extend within fifteen (I5) feet of the street
right-of-way. The planting or fence desire must be approved by site plan review process.
Screening Requirements
If the City Council requires any type of screening as a condition for a Variance or Special
Use Permit, the applicant shall comply with the following conditions:
A. File a copy of the screening plans with the Zoning Administrator.
B. The screening, planting or construction, or both shall be complete within
one (I) year from the date of building permit, subject to extension by the
City Council.
C. The screening shall be maintained after completion.
Landscaping
A minimum often (10) percent of any lot shall be green space. Three (3) percent of the
surfuce area ofthe land within a parking area shall be landscaped with grass and
shrubbery or other approved ground cover. Landscaped areas will continue to be
maintained by the property owner on a continuous basis. Green areas within abutting
street right-of-ways will also be maintained by the property owner. See Division #160 for
other requirements.
Site Plan
Site plans for all developments requiring a special use permit must be submitted prior to
the issuance of building permits. At least the following information shall be submitted
for review:
A. Site development plan.
B. Building plans, including building elevations, indicating mass, building
materials, and color of all exterior surfaces, including all materials
proposed to meet the screening requirements of this ordinance.
C. Landscape plans, including the number, species, and size ofall plantings.
D. Grading, drainage, parking areas, items to be stored, and utility plans.
Page 2 of9
t
.
Accessory Structures
Garages, accessory structures, screen waIls, buildings, and exposed areas of retaining
waIls shall be of similar type, quality, and appearance as the principal structure.
Exterior of Building
All buildings shall be finished on all sides with permanent finished materials of
consistent quality, per Division 95, and Ordinance #44-A.
Permitted Encroachments
The following shall not be considered as encroachments on setbacks subject to other
conditions within this ordinance:
---Offstreet parking spaces, flues, belt course, leaders, sills, pilaster, lintels, cornices, eaves,
gutters, awnings, open terraces, service station pump islands, open canopies, steps,
chimneys, flag poles, ornamental features, open fire escapes, sidewalks, and fences,
except as hereinafter amended.
Exterior Merchandise
See Section 135-140.
Lighting
See Section 135-040.
Driveways
A.
B.
No driveway shall be located within one hundred (100) feet of any right-
of-way line of a street intersection. Said distances shall be measured
along the property line from the comer right-of-way line.
Access drive onto county roads shall require a review by the City
Engineer. This review shall be measured along the property line from the
comer right-of-way line.
Special Use Permits
As provided in Division 200 of this Ordinance.
Criteria for Issuance of Special Use Permit. When reviewing an application for a special
use permit the Planning and Zoning Commission and City Council shall considered the
following criteria:
A. Impact on traffic.
B. Impact on parks, streets, and other public facilities.
C. Compatibility of the site plan, internal traffic circulation, landscaping and
structures with contiguous properties.
D. Impact of the use on the market value of contiguous properties.
E. Impact on general public health, safety, and welfare.
F. Compatibility with the City's Comprehensive PIan.
Page 3 of9
.
.
Signs
As provided in Ordinance #39.
Refuse
A.
C.
D.
B.
All premises shall be provided with, at owner's expense, an adequate
number of approved containers to hold the garbage accumulated by such
premises. Such containers shall be made of metal or other suitable
material, shall be water tight, insect and rodent proof, and sha11 be of a
material not easily corrodible and equipped with suitable handles and tight
fitting covers and shall be kept covered when there is garbage stored
therein.
Garbage 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 enjoyment of adjoining property.
All garbage containers shall be screened with a suitable enclosure.
Every garbage or rubbish container shall be maintained in as sanitary
condition as is possible and shall be thoroughly 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 writing, the provider or user of the container of
the deficiency and shall require the repair or replacement of the container
within fifteen (15) days. All container enclosures shall also be kept in
good repair.
Permitted Uses
A. Retail sales and service, but excluding adult orientated businesses.
B. Automobile and motorized equipment sales and service, excluding salvage
operations.
C. Farm implement sales and service.
D. Building supply sales and storage yards.
E. Funeral homes and mortuaries.
F. Day care centers.
G. Hotels and motels.
H. Full service gasoline sales and service.
I. Eating and drinking establishments.
J. Financial institutions.
Page 4 of9
.
K Personal and professional business offices.
1. Public buildings.
M. Barber/Beauty salons.
N. Commercial schools.
O. Hospitals and clinics.
P. Nursing homes.
Q. Commercial recreation.
R. Animal clinics.
S. Car washes.
T. Liquor stores.
Section 080-100: Industrial District (1-1).
Purpose
It is intended that the 1-1 District provide opportunities for light manufacturing and
industrial uses, trade businesses, machine shops and other more extensive land uses.
General Minimum Requirements
The following minimum requirements, as set forth herein, shall apply to all buildings that
may be erected, converted or structurally altered in Industrial Districts.
Permitted Principal Uses/Uses Permitted on Special Use Permit
As provided in Section 080-100 of this Ordinance.
Setback
See Table A - Schedule of District Regulations Lot and Yard Requirements.
In addition, side yards facing streets on comer lots shall be considered the same as front
yards. Where a front yard or side yard of a comer lot faces a residential district across a
street, the setback from the street shall be not less than 60 feet.
Building height in Industrial Districts
As provided in Division 115 of this Ordinance.
Off Street Parking
As provided in Division 90 of this Ordinance.
Page 5 of9
.
In addition to Division 90:
A. Space for a single vehicle shall be nine (9) feet by eighteen (18) feet or
larger.
B. Off street parking areas shall be surfaced with asphalt or concrete, and
with permanent concrete curbs to define driveways and parking limits.
Plans and specifications for parking areas shall be reviewed by the City
Engineer, and approved by the City Council prior to construction.
C. All open street parking areas having more than six (6) parking spaces shall
be effectively screened by a wall, fence of acceptable design, or compact
hedge along all sides, which adjoin or are directly across the street from
the property in a residential zone or institutional use. Such wall, fence or
hedge shall be maintained in good condition. Plans for fencing shall be
approved by the City Council. The fence shall not be used for advertising
purposes.
D. Parking constructed to full within the minimum setbacks: See Tab]e A.
E. Off street parking areas shall be so graded and drained as to dispose of all
surface water. Drainage plans shall be subject to approval ofthe City
Engineer.
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 60 feet. Parking of vehicles will be permitted within 40 feet of .
the side yard line. All side yard areas not utilized for parking shall be landscaped with
screening provided along the side lot line to within 15 feet of any public right-of-way.
Screening Requirements
If the City Council requires any type of screening as a condition for a Variance or special
use permit, the applicant shall comply with the following conditions:
A. File a copy of the screening plans with the Zoning Administrator.
B. The screening, planting or construction, or both shall be complete within
one year from the date of building permit, subject to extension by the City
Council.
C. The screening shall be maintained after completion.
D. A dollar amount of one and one-half times the estimated cost of planting
and construction of the screening 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.
Landscaping
A minimwn often (10) percent of any lot shall be green space. Three (3) percent of the
surface area of the land within a parking area shall be landscaped with grass and
shrubbery or other approved ground cover. Landscaped areas will continue to be
maintained by the property owner on a continuous basis. Green areas within abutting
street right-of-ways will also be maintained by the property owner. Also see Section 160.
Page 6 of9
~
Site Plan
Site plans for all developments require special use permits prior to the issuance of
building permits. At least the following infonnation shall be submitted for review:
A. Site development plan.
B. Building plans, including building elevations, indicating mass, building
materials, and color of all exterior surfuces, including all materials
proposed to meet the screening requirements ofthis ordinance.
C. Landscape plans, including the number, species, and size of all plantings.
D. Grading, drainage, parking areas, items to be stored, and utility plans.
Accessory Structures
Garages, accessory structures, screen walls and exposed areas of retaining walls shall be
or-sirnilar type, quality, and appearance as the principal structure. Accessory structures
shall comply with all of Section 080-100.
Exterior of Building
All buildings shall be finished on all sides with permanent finished materials of
consistent quality, per Division 100, and Amendment #44-A.
Permitted Encroachments
The following shall not be considered as encroachments on setbacks subject to other
conditions within this ordinance:
Off street parking spaces, flues, belt course, leaders, sills, pilaster, lintels, cornices, eaves,
gutters, awnings, open terraces, service station pump islands, open canopies, steps,
chimneys, flag poles, omarnental features, open fire escapes, sidewalks, and fences,
except as hereinafler amended.
Exterior Merchandise
See Section 135-140.
Lighting
See Section 135-040.
Driveways
A.
B.
No driveway shall be located within one hundred (100) feet of any right-
of-way line of a street intersection. Said distances shall be measured
along the property line from the comer right -of-way line.
Access drive onto county rol!ds shall require a review by the City
Engineers.
Special Use Permits
As provided in Division 200 of this Ordinance.
Page 70f9
~..
Criteria for Issuance of Special Use Permit. When reviewing an application for a special
use permit the Planning and Zoning Commission and City Council shall considered the
following criteria:
A. Impact on traffic.
B. Impact on parks, streets, and other public facilities.
C. Compatibility of the site plan, internal traffic circulation, landscaping and
structures with contiguous properties.
D. Impact of the use on the market value of contiguous properties.
E. Impact on general public health, safety, and welfare.
F. Compatibility with the City's Comprehensive Plan.
Signs
As provided in Ordinance #39.
Refuse
A.
C.
B.
All premises shall be provided with, at owner's expenSe, an adequate
number of approved containers to hold the garbage accumulated by such
premises. Such containers shall be made of metal or other suitable
material, shall be water tight, insect and rodent proo./; and shall be of a
material not easily corrodible and equipped with suitable handles and tight
fitting covers and shall be kept covered when there is garbage stored
therein.
Garbage 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 enjoyment of adjoining property.
All garbage containers shall be screened with a suitable enclosure.
Every garbage or rubbish container shall be maintained in as sanitary
condition as is possible and shall be thoroughly 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 writing, the provider or user of the container of
the deficiency and shall require the repair or replacement ofthe container
within fifteen (15) days. All container enclosures shall also be kept in
good repair.
Loading Facilities
Loading facilities shall be in the side of rear yards. When adjacent to and/or visible from
any public street, such facilities must be adequately screened.
Storage
For the purpose ofthis zoning district, car, vans and pick-up trucks parked outside and
used by employees and/or visitors in the normal course ofthe business operation will not
be constructed to be outdoor storage. Further, outside parked trucks and semi-tailers used
in the normal business commerce will not be constructed to be outdoor storage:
A. Provided that the total number of trucks and semi-trai1ers does not exceed
the number of docks and/or bay doors, and
Page 8 of9
..
B. Such use is not constructed as an operation listed as a conditional use in
any industrial zone.
Permitted Uses
A. Business and professional offices.
B. Machine and repair shops.
C. Construction trade offices and yards.
D. Manufacturing, warehousing, distribution, processing, packaging,
assembly and research uses, except waste management.
E. Indoor shooting/archery range and sales.
F. Truck terminals. (Special Use Permit required)
G. Mini-Storage (Special Use Permit Required)
H. Kennels (Special Use Permit Required)
Special Requirements
A. The storage of supplies, products, vehicles, equipment or other materials
shall be kept indoors unless totally screened from public rights of way and
adjacent properties. Adult orientated businesses are regulated separately
by City Ordinance.
Page 9 of9
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF CENTERVILLE
ORDINANCE #4
TABLE OF CONTENTS
PAGE
Division 10: General Provisions .................................................................................. I
Section 010-010: Title ....................................................................................... I
Section 010-020: Purpose ................................................................................. I
Section 010-030: Jurisdiction ........................................................................... I
Section 010-040: Application............................................................................2
Section 010-050: Severability ........................................................................... 2
Section 010-060: Repeal................................................................................... 2
Division 15: Definitions.........................................................................................2 -14
Section 015-010: Specific purposes .................................................................. 2
Section 015-020: Definitions... ........... ........... ..... .................... .................... ....... 2
Abandonment ........................... ......... ................ .................... .................. 2
Abutting .................................. .............................................. ............. ..... 2
Accessory Building........ .... ....... .... ...... ............................ .............. ........... 2
Accessory Use ......................................................................................... 2
Agriculture ............................... ..... ...... ...................... ........... .............. ..... 2
Alley....... ................. ....... ................. ........... ......... ....... .... ....... ............. ..... 2
Alteration................................................................................................. 2
Alteration, Structural...............................................................................3
Antenna ........................ ..... .......................................... ............................ 3
Apartment. .......................................... ............................ ......................... 3
Apartment, Accessory................ ............... ....... ............. ........................... 3
Area Identification Sign........................................................................... 3
Basement.................. ..................... .................... .................... ...... ............ 3
Block ............................................................... .......................... .............. 3
Board.... .... ............... ....... ..................... .................. ........... ....... ........... ..... 3
Boathouse............ ...... ..... ..................... ....... ................................... .......... 3
Building.. ..... ... ... ......... .... .......... ....... .... ................ ... ...... .......... ..... ............ 3
Buildable Area............................................................... ....................... ... 3
Building Coverage ................................................................................... 3
Building Height ....................................................................................... 3
Building Line.... .............. ........ ............................... ....,'........... .... '" ..... ...... 3
Building, Principal.......... ......................................................................... 3
Business Area ................................ ...................... .................................... 4
City Council or Council............................................................................ 4
Clear Cutting ........................................................................................... 4
Clinic .................................................................................................... ... 4
Club.........................................................................................................4
STATE OF MINNESOTA
COUNTYOFANOKA
CITY OFCENTERVILLE
ORDINANCE #4
TABLE OF CONTENTS
PAGE
Cluster Housing. ....... .................................. ............................................. 4
Commercial Use ................ .............................. ................................. ....... 4
Commission..... ... .......... ........ ........ .... ...... .... ..... ................. ..... ... ......... ...... 4
Commissioner ............... ...... .......... ... ... ........ ... .......... ....... ...... .... ......... ...... 4
Comprehensive Plan ..... ........................................... .............. ...... ............ 4
Conditional Use Permit............................................................................ 4
Contractor's Yard .................................................................................... 4
Coverage ......... .... .......... ... ... .......... ....... ............. .... ..... ............ ...... ........ ... 4
Cul-de-sac ...................................... .................. ....................................... 5
Day Care Facilities .................................................................................. 5
Deck .................... .................... ...................... ...... ...... .............. ................ 5
Density .................................................................................................... 5
Development ..... .............................. ..................................... ................... 5
District..................................................................................................... 5
District Zoning............... ........ ................ ............ ................ ...................... 5
Drive-In Establishment ............................................................................5
Dwelling. ......... ................. ................................. ............ ..... ..................... 5
Dwelling, Single-Family, Attached (group, row, and townhouses) ...........5
Dwelling, Single-Family, Detached ......................................................... 5
Dwelling, Two-Family.. ...... ..... ..... ..................... ........... ........................... 5
Dwelling, Multiple .......................... ....... ........................ ................... ....... 5
Dwelling, Seasonal..................................... ............................................. 5
Dwelling Unit............... ............................ .................... ............. .............. 5
Easement ......... ....................... ................ ......... ............. .......... .............. 5-6
Essential Services .................................................................................... 6
Family....... .... ....................................................................... ................... 6
Fa<;ade ............................................. .......................... .............................. 6
Fence ....... ..... ...... ........ ....... ...... ..... ...... ..... ....... ........... ....... ..... ... ... ............ 6
Flood Plain ...... ............................................................. .................. ..... .... 6
Floodway ..... .... .............. ..... .................................................................. ... 6
Floodway Fringe ............................ .................. ............................ ............ 6
Floor Area ...............................................................................................6
Floor Area Ratio ...................................................................................... 6
Freestanding Sign . ......................................................... ................. ......... 6
Frontage ... ........... ......... ........... ................ ....................... ....... ............. ..... 6
Garage, Private ........................................................................................ 6
Glare...... .... .......... ... ......... ..... ......... .... ... .... .... .... ..... ....... .... ......... ..... ..... .... 6
Grade....... .... ............................................................................................ 7
Height of Building ...................................... ................... .......................... 7
ii
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.'
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF CENTERVILLE
ORDINANCE #4
TABLE OF CONTENTS
PAGE
Home Occupation ",.. ...... ...............................,......................................... 7
Hotel.. ...... ................. ...... ... ... ......... ........................ ...... ........ ........ ........ .... 7
Impervious Surface .................................................................................. 7
Industrial Park .............................................,........................................... 7
Intensive Vegetation Clearing .................................................................. 7
Junk Yard ................................................................................................ 7
Light Manufacturing ................................................................................ 7
Lot........................................................................................................ 7-8
Lot Area ......................... ..................................................... ...... .............. 7
Lot, Comer .............................................................................................. 7
Lot Coverage ...........................................................................................7
Lot Depth ................................................................................................8
Lot, Interior..................................................................................... ........ 8
Lot Line, Front......................................................................................... 8
Lot Line, Rear..........................................................................................8
Lot Line, Side .......................................................................................... 8
Lot, Minimum Area Of............................................................................ 8
Lot of Record.. .......................... ...... ............ ..... ............ ............ ....... ...... 8-9
Lot, Substandard.............................. ....... ........ ................ ..... ........ ............ 9
Lot, Through............ ..... .......... .... ... ............. .... ............ .... ...... ... ..... ........ ... 9
Lot, Width ............................................................................................... 9
Manufactured Housing. ... .............................. .................... ..... ............... ... 9
Mineral Extraction... ..... .......... ........ ............... ............ ............ ....... ........... 9
Motor Vehicle.... ........... ....................... ....... ..... ............... ......................... 9
Motor Fuel Station.................. ....................... .......................................... 9
Non-Conforming Structure or Use ........................................................... 9
Nursing Home or Rest Home ...................................................................9
Open Space... ...... .................... ....... .... ............ ........ ............. ................. .... 9
Ordinary High Water Line (OHWL) ...................................................... 10
Performance Standard ............................................................................ 10
Planned Unit Development (PUD) ......................................................... 10
Planning and Zoning Commission ......................................................... 10
Plat. ................ .... ..................................... ....... .............. ......... ......... ....... 10
Portable Sign ......................................................................................... 10
Principal Use or Principal Structure ....................................................... 10
Private Property ..................................................................................... 10
Public Hearing ................................................ .............. ..... .................... 10
Public Property ...................................................................................... 10
Recreational Use.... ................ ........ ....................... ............. .................... 10
III
:,
Division 20:
A.
B.
C.
D.
E.
F.
G.
STATE OF MINNESOTA
COUNTYOFANOKA
CITY OF CENTERVILLE
ORDINANCE #4
TABLE OF CONTENTS
PAGE
Recreational Vehicles ............................................................................ 10
Residential Facility................................................................................ II
Right of Way ......................................................................................... 11
Semipublic Use...................................................................................... 11
Setback.................................................................................................. 11
Sewer System ........................................................................................ 11
Shore Impact Zone................................................................................. 11
Sign ..... .......... ........ ...... ........ ..... ......................... ............ ......... ............... II
S'gnifi H' . S'
I Icant Istonc Ite ......................................................................... 11
Story .................. .......... ......... ........... ........ ..................... ......................... II
Story-Half....... .............. ..................................... .................................... II
Steep Slope ............................................................................................ II
Street Access ......................,..... .................................... ....... ........... ....... 12
Structure ........................................................................................... 11-12
Structural Alteration .............................................................................. 12
Subdivision..... ..... .... ... ...... ...................... ........ ........ .... ....... ....... ........ ..... 12
Supply Yard... ........................... ....................... ............... ....................... 12
Townhouse .... ............................ ...................... ....... .... ........................... 12
Travel Trailers ....................................................................................... 12
Use, Permitted ....................................................................................... 12
Usable Open Space ................................................................................ 13
Variance .......................... ............ ................................. ....... .................. 13
Vehicle .................. ......... ....... ....................................... ....... .................. 13
Vehicle, Abandoned....... ...... ....... ........................................................... 13
Water-Oriented Accessory Structure of Facility ..................................... 13
Yard.. .............................. ........ ......... ............. ................ ........................ 13
Yard, Front ............................................................................................ 14
Yard, Rear ............................................................................................. 14
Yard, Side................ ........ .............................. ....... ......... ........................ 14
Zoning District. ....................... ..... .... ... ..... ....... ...... .... .... ....... .......... ......... 14
Scope and Interpretation.................................................................. 14-16
Scope.. .................................................. ...... ................... ...... ............. 14-15
Relationship to Comprehensive Plan...................................................... 15
Minimum Requirements ........................................................................ 15
Use Not Identified.................................................................................. 15
Deadline for Actions.............................................................................. 15
Other Ordinances ................................................................................... 15
Adopting the Minnesota Building Code ................................................. 16
IV
.
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF CENTERVILLE
ORDINANCE #4
TABLE OF CONTENTS
PAGE
Division 25: Lot Provisions........................................................................................16
Lots of Record........... ..... ...... ........... ................ ....... ...... ...... ........... ............ ........ 16
Division 30: Non-Conforming Uses and Structures............................................. 16-17
Division 35: Home Occupations ........................................................................... 17-18
Division 40: Single-Family Dwelling Requirements ................................................. 18
Division 45: Temporary Dwellings and Structures................................................... 18
Division SO: Driveway and Parking Lot Improvements ........................................... 18
Division 55: Public Utilities Required ....................................................................... 18
Division 60: Relocated Buildings or Structures........................................................ 19
Division 65: Accessory Structures and Uses ........................................................ 19-20
Division 70: Site Plan Review Required ............................................................... 20-21
Section 070-010: Submittal Requirements ............................................... 20-21
Section 070-020: Review Requirement ..........................................................21
Section 070-030: Exceptions........................................................................... 21
Division 75: Final Grading and Landscaping ...........................................................21
Division 80: Zoning DistrictslUse Regulations..................................................... 21-36
Section 080-010: Zoning Map ........................................................................ 21
Section 080-020: Interpretation oC the Zoning Map................................. 21-22
Section 080-030: Establishment of Districts ..................................................22
Section 080-040: Rural Residential........................................................... 22-23
Section 080-050: High Density, Single-Family, Residential (R-2A)......... 23-24
Section 080-060: Single-Family, Residential (R-2) ........................................24
Section 080-070: Single-Family, Manufactured Housing (R-4) ............... 24-25
Section 080-080: Single-Family, Residential-Estate (R-S)........................ 25-26
Section 080-090: Commercial District (B-1)............................................. 26-30
Purpose..................................... ..... ........... ............. ...... '" ......... ...... ........ 26
General Minimum Requirements ........................................................... 26
Setbacks (See Table A) ..........................................................................26
Building Height in Commercial Districts (See Division 115) ................. 26
Off Street Parking (See Section 36)........................................................ 26
Buffer Zone Between Commercial and Residential Districts............. 26-27
Screening Requirements ........................................................................ 27
Landscaping................ .... ........................ ............... .............. ............. ..... 27
Site Plan .. ................ .......................... .............. ...... ................................ 27
Accessory Structures (See Section 080-100) .......................................... 27
Exterior of Building (See Division 95 and Ord. #44-A).......................... 27
Permitted Encroachments....................... ........ ........ .................. .............. 28
Exterior Merchandise (See Section 135-040) ......................................... 28
Lighting (See Section 135-040).............................................................. 28
v
.
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF CENTERVILLE
ORDINANCE #4
TABLE OF CONTENTS
PAGE
Driveways ............. .......................... .............................. ........................ 28
Special Use Permits (See Division 200) .................................................28
Signs (See Ordinance #39-Signage) ....................................................... 28
Refuse .. .............. .... .... ....... ............... .... ......... ......... ........ ...... ... .... .......... 29
Permitted Use ...................................................................................29-30
Section 080-100: Industrial District.......................................................... 30-35
Purpose ... ... ... ........ ... ...... ....... ...... ...... ..... ...... .... .... .... ....... .... ... ...... ... ....... 30
General Minimum Requirements ........................................................... 30
Setbacks (See Table A) ..........................................................................30
Building Height in Industrial District (See Division 115) .......................30
Off Street Parking (See Section 36)................................................... 30-31
Buffer Zone Between Industrial and Residential Districts ...................... 31
Screening Requirements ................................................................... 31-32
Landscaping........ ............ ............ .... .... ..................... .............................. 32
Site Plan ................................................................................................ 32
Accessory Structures (See Section 080-100) .......................................... 32
Exterior of Building (See Division 95 and Ord. #44-A).......................... 32
Permitted Encroachments............................... .... ......... .... ......... ...... ... ..... 32
Exterior Merchandise (See Section 135-040) ......................................... 32
Lighting (See Section 135-040).............................................................. 33
Driveways ....................... .............. ................................... .... ................. 33
Special Use Permits (See Division 200) ................................................. 33
Signs (See Ordinance #39-Signage) ....................................................... 33
Refuse ..... ... ... ..... ... ........... ...... .... ..... ... .... .......... ..... ... ....... '" ..... .... ..... 33-34
Loading Facilities.................................................................................. 34
Storage.. ........... ................... ..... ................. ............................................ 34
Permitted Uses/Uses Permitted on Special Use Permit ...................... 34-35
Special Requirements... .... ........ ............. ......... .... ......... ...... ..... .... ....... ..... 35
Section 080-110: PubliclInstitutional District (P-1)....................................... 35
Purpose ...................... ........... ..... ......... ................... ....... ...................... ... 35
Permitted Uses ............................ .......... ......... ........................................ 35
Section 080-120: Mixed Use District (M-l).................................................... 35
Purpose ............................ ......... ................... ................... .................... ... 35
Permitted Uses.. .... ........ ................. .................. ........ ............. ..... ......... ... 35
Special Requirements.............. .................. ..................... ..... .......... ......... 36
Division 85: Zero Lot Lines .......................................................................................36
Division 90: Parking Requirements ..................................................................... 36-37
Division 95: Commercial Exterior Building Materials............................................. 37
Division 100: Industrial Exterior Building Materials................................................ 37
vi
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STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF CENTERVILLE
ORDINANCE #4
TABLE OF CONTENTS
PAGE
Division 105: Fences..................... .......................................................................... 37-38
Section 105-010: Snow-Stop Fencing ............................................................. 38
Section 105-020: Electric and Barbed Wire Fence........................................ 38
Section 105-030: Visual Obstructions............................................................ 38
Section 105-040: Swimming Pool Fencing ..................................................... 38
DiVISion 110: Sign Regulation (See Ordinance #39) ............................................ 38-41
Division 115: Height............. ... ..... ..... ........ .... ................ ......... ...... ...... ...... .................. 41
Section 115-010: Dwellings... ....... .... ........ ... ....... ........ ............ '''''' ....... ............ 41
Section 115-020: Excess Height on a Permit............................................. 41-42
Division 120: Yards .......................... ...................... ............................... ..................... 42
Section 120-010: General Requirements .................................................. 42-43
Section 120-020: Computing Front yards..................................................... 43
Section 120-030: Erection oeMore than One Principal Structure on Lot.... 43
Division 125: Performance Standards.......................................................................44
Division 130: On-Site Sewage Treatment Standards................................................ 44
Division 135: Nuisance Standards ........................................................................ 44-46
Section 135-010: Odors and Emissions.......................................................... 44
Section 135-020: Dust and Particulate........................................................... 44
Section 135-030: Noise and Vibrations ..........................................................44
Section 135-040: Glare ...................................................................................44
Section 135-050: Waste ............................................................................. 44-45
Section 135-060: Smoke. ......... .............. ......... ... ... ............... ........ .................... 45
Section 135-070: Fumes or Gases...................................................................45
Section 135-080: Fire Hazards ....................................................................... 45
Section 135-090: Air Pollution ....................................................................... 45
Section 135-100: Radioactivity or Electrical Disturbance ............................ 45
Section 135-110: Explosives ...........................................................................45
Section 135-120: Burning ...............................................................................45
Section 135-130: Bulk Storage ....................................................................... 46
Section 135-140: Outside Storage .................................................................. 46
Residential Districts and Dwellings in the M-l Districts ........................ 46
Commercial/Industrial Districts ........................................................ 46-47
Division 140: Surface Water Management ............................................................... 47
Division 145: Wetland Protection and Management ...........................................47-48
Division 150: Woodland Preservation .......................................................................48
Division 155: Erosion and Sedimentation Control................................................... 48
Division 160: Landscaping........................ ............................................................ 48-50
Section 160-010: Minimum Quantities ..................................................... 48-49
Section 160-020: Minimum Standards .....................................................49-50
VB
..
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF CENTERVILLE
ORDINANCE #4
TABLE OF CONTENTS
PAGE
Division 165: Off-Street Parking ............................................................................... 50
Section 165-010: Change in Facilities ............................................................ 50
Section 165-020: Off-Street Parking and Loading Zones ............................. 50
Section 165-030: Off-Street Loading ............................................................. 50
Section 165-040: Fractional Space ................................................................. 50
Section 165-050: Uses Not Mentioned....................................................... 50-51
Section 165-060: Spaces For Five or more Automobiles............................... 51
Section 165-070: Improvement and Maintenance......................................... 51
Section 165-080: Access .................... .............................................................. 51
Division 170: Building Numbers................................................................................ 51
Section 170-010: Numbers Required ............................................................. 51
Section 170-020: Alternative Display............................................................. 51
Division 175: Sporting, Athletic, and Music Events ............................................ 51-52
Division 180: Planned Unit Developments (PUD)................................................ 52-61
Section 180-010: Objectives ........................................................................... 52
Subd. 1 .................................................................................................. 52
Subd. 2 .................................................................................................. 52
Subd. 3 .................................................................................................. 52
Subd. 4 .................................................................................................. 52
Subd. 5 .................................................................................................. 52
Section 180-020: General Requirements ....................................................... 52
Subd. 1 .................................................................................................. 52
Subd. 2 .................................................................................................. 52
Subd. 3 .................................................................................................. 53
Subd. 4 ................... .......................... ............. ..................................... ... 53
Subd. 5 .................................................................................................. 53
Subd. 6 .................................................................................................. 53
Subd. 7 .................................................................................................. 53
Subd. 8 .................................................................................................. 53
Subd. 9 .................................................................................................. 53
Subd. 10 ................................................................................................ 53
Section 180-030: Uses Permitted.................................................................... 53
Section 180-040: Relationship ofPUD Site to Adjacent Areas ................ 53-54
Section 180-050: Minimum Size..................................................................... 54
Section 180-060: Minimum Lot Size.............................................................. 54
Section 180-070: Setback and Side Yard Requirements............................... 54
Section 180-080: Access to Public Right-of-Way........................................... 54
Section 180-090: Utility Requirements .......................................................... 54
Section 180-100: Open Space ......................................................................... 54
viii
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STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF CENTERVILLE
ORDINANCE #4
TABLE OF CONTENTS
PAGE
Section 180-110: Parking.... ............................................. ...... ................... ...... 54
Section 180-120: Arrangement oCCommercial Uses..................................... 54
Section 180-130: Arrangement ofIndustrial Uses ........................................ 55
Section 180-140: Procedure............................................................................55
Pre-Application Meeting ..................... ................................... .... ............ 55
Section 180-150: Application..................................................................... 55-56
Section 180-160: Actions ........................................................................... 56-57
Subd. 1: By Commission.................................................................. 56-57
Subd. 2: By Council.............................................................................. 57
Section 180-170: PUD Agreement.................................................................. 57
Section 180-180: Final Review and ApprovaL............................................. 57
Section 180-190: Documentation Required .............................................. 57-58
A. A fmal plan ofPUD ....................................................................57-58
B. A written statement .......................................................................... 58
Section 180-200: Action on Final Application .......................................... 58-59
A. Criteria for Approval........................................................................ 59
B. Non-Compliance ..............................................................................59
C. Final Approval................................................................................. 60
Section 180-210: Time Limit ..........................................................................60
Section 180-220: Annual Review.................................................................... 60
Section 180-230: Amendments ....................................................................... 60
Section 180-240: Completion.......................................................................... 60
Section 180-250: Site Improvements.............................................................. 61
Section 180-260: Construction ....................................................................... 61
Section 180-270: Maintenance oC Common Open Space............................... 61
Section 180-280: Homeowners Association ................................................... 61
Division 185: Variances ........................................................................................ 61-64
Section 185-010: Board oC Appeals and Adjustments ................................... 62
A. Interpretation.................................................................................... 62
B. Variances .........................................................................................62
Section 185-020: Variance Procedures ..................................................... 62-64
Section 185-030: Variance Appeal Procedures.............................................. 64
Division 190: Interim Uses.................................................................................... 64-65
Section 190-010: Purpose ...............................................................................64
Section 190-020: Application, Public Hearing, and Procedure..................... 65
Section 190-030: Termination ........................................................................ 65
Section 190-040: Standards............................................................................ 65
Section 190-050: Conditions........................................................................... 65
ix
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,
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF CENTERVILLE
ORDINANCE #4
TABLE OF CONTENTS
PAGE
Division 195: Amendments ................................................................................... 65-66
Division 200: Special Use Permits ........................................................................ 66-67
Section 200-010: Procedure............................................................................ 66
Section 200-020: Standards............................................................................ 66
Section 200-030: Denial for Non-Compliance ............................................... 66
Section 200-04'0: Conditions........... .................. .......... .... ........ ................... ....:-66.
Section 200-050: Expiration ......................................................................66-67
Section 200-060: Fees ..................................................................................... 67
Division 205: Enforcement and Violations................................................................ 67
Division 210: Fees and Licensing............................................................................... 68
Division 215: Effective Date....................................................................................... 68
x
M'
5 Amended:
4 Amended: V 19/02
3 Amended: 9/4/01
2 Amended: 8/7/01
1 Amended: 1/30/01
Effective 9/5/00
City ofCenterville 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, Minnesota and providing for the administration and enforcement of such
regulations. Adult orientated businesses are regulated separately by City Ordinance.5
The City Council of the City of Centerville ordains as follows:
DIVISION 10: General Provisions
Section 010-010: Title. This ordinance shall be known as Ordinance #4, City of Centerville Zoning
)rdinance except as herein referred to as "this Ordinance".
Section 010-020: Purpose. It is the purpose of this Ordinance to:
. Protect and promote public health, safety and general welfare.
. Protect the natural resources in the City.
. Establish land use patterns and development regulations consistent with the City.of
Centerville Comprehensive Plan.
. Prevent overcrowding of land.
. Limit congestion and promote safety in the public rights-of-way.
. Prevent the premature demand of public services.
· Stage development consistent with the efficient provision of public utilities and public
services.
. Maintain the small town character and quality of living in the community.
. Establish compatibility of land uses in the City to protect existing investments and
property values.
. Promote opportunities for cohesive and compatible business development.
. Establish guidelines and regulations to promote housing variety and quality living
environments.
Section 010-030: Jurisdiction. The geographic jurisdiction of this Ordinance includes the entire area
ithin the corporate limits of Centerville, Minnesota. Land areas which may be added to the City by
_nnexation, 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 68
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/01
2 Amended: 817/01
1 Amended: 1/30/01
Effective 9/5/00
City of Centerville Ord. #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 abutting
property.
Alteration - Any change, addition, or modification, in construction or occupancy of an existing structure.
Page 2 of 68
tf'
5 Amended:
4 Amended: 2/19/02
3 Amended; 9/4/01
2 Amended: 817/01
1 Amended: 1/30/01
Effective 9/5/00
City ofCentcrviIle 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.
Basement - 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 remaining on a zoning lot after minimum yard and open space requirements
have been met.
Building Coverage - See Lot Coverage.
Building Height - See Height.
Building Line - The line, parallel to the street line, that passes through the point of the principal building
larest the front lot line.
Building, Principal - See Principal Building.
Page 3 of 68
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5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/01
2 Amended: 817/01
1 Amended: 1/30/01
Effective 9/5/00
City of Centerville 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.
Coverage - That portion of a lot covered by principal and accessory use structures.
Page 4 of 68
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5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/0 I
2 Amended: 8/7/01
I Amended: 1/30/0 I
Effective 9/5/00
City ofCcnterville Ord, #4
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.
_m___m___m
Density - The number of dwelling units permitted per net acre of land.
Development - All structures and other modifications of the natural landscape above and below ground
or water, on a particular site.
District - See Zone.
District Zoning - An area of land for which there are uniform regulations governing the use of buildings
and premises.
)rive-In Establishment - An establishment which accommodates the patron's automobile from which'the
occupants may receive a service or in which products purchased from the establishment may be
consumed or business conducted in the automobile.
Dwelling - A building or portion thereof that provides living facilities for one or more families.
Dwelling, Single-Family, Attached (group, row, and townhouses) - One (1) of two (2) or more
residential buildings having a common or a party wall separating dwelling units.
Dwelling, Single-Family, Detached - A residential building containing not more than one (1) dwelling
unit entirely surrounded by open space on the same lot.
Dwelling, Two-Family - A building used exclusively for occupancy by two (2) families living
independently of each other.
Dwelling, Multiple - A detached, residential building containing three (3) or more dwelling units, including
what is commonly known as an apartment building, but not including group, row or townhouses.
Dwelling, Seasonal - A dwelling not used for permanent residence and not occupied for more then six
months in each year.
'"'welling Unit - One (1) or more rooms physically arranged so as to create an independent
lusekeeping establishment for occupancy by one (1) family with separate toilets and facilities for
cooking and sleeping.
Easement - The right of a person, government agency, or public utility company to use public or private
Page 5 of 68
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5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/01
2 Amended: 817/01
1 Amended: 1/30/01
Effective 9/5/00
City ofCenterville Ord. #4
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 1 DO-year flood without cumulatively increasing the water surface
elevation more than one foot at any point.
Floodway Fringe - All that land in a flood plain not lying within a delineated floodway. Land within a
f100dway 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 68
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5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/01
2 Amended: 8/7/01
I Amended: 1/30/01
Effective 9/5/00
City ofCentcrville Ord. #4
Grade - The lowest point of elevation of the finished surface of the ground, paving, or sidewalk within the
area between the building and the property line, or when the property line is more than five feet from the
building, between the building and a line five feet from the building.
Height of Building - The vertical distance from the average elevation of the 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.
Impervious Surface - Any material that substantially reduces or prevents the infiltration of storm water"
into previously undeveloped land. Impervious surface shall include graveled driveways and parking
lreas.
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.
Kennel - Commercial - Any structure or premises on which five (5) or more domestic animals over six
(6) months of age are kept, owned, boarded, groomed, sheltered, protected, bred, or offered for sale or
any other merchandising. Every commercial kennel shall be enclosed or fenced in such a manner as to
prevent the running at large or escape of the domestic animal(s) confined therein.
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
-'isturb or endanger neighboring properties.
Lot - A platted parcel of land intended to be separately owned, developed, and otherwise used as a unit.
Lot Area - The area of horizontal plane bounded by the vertical planes through front, side, and rear lot
Page 7 of 68
.
lines.
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/01
2 Amended: 8/7101
1 Amended: 1/30/01
Effective 9/5/00
City ofCenterville Ord. #4
Lot, Corner - A lot abutting on and at the intersection of two or more streets.
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 (2 Yo) 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
Page 8 of 68
.
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/01
2 Amended: 8/710 1
I Amended: 1/30/01
Effective 9/5/00
City of CcntcrviUe Ord. #4
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
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.
.ot, Through - A lot having its front and rear yards each abutting on a street.
Lot, Width - The horizontal distance between side lot lines, measured at the required front setback line.
Manufactured Housing - Single-family detached housing that is built to the National Manufactured
Housing Construction and Safety Standards Act of 1974, and shall include structures known as
manufactured homes or mobile homes.
Mineral Extraction - The extraction of soil, sand, gravel, rock or other such material from the land.
Motor Vehicle - A self-propelled vehicle for personal or business use as defined in Minnesota Statutes
169.01.
Motor Fuel Station - An establishment where gasoline, diesel, kerosene, motor oil and lubricants are
sold or used in servicing motor vehicles and where usual motor vehicle repairs and services are
performed.
Non-Conforming Structure or Use - A structure or use lawfully in existence on the effective date of this
ordinance or any amendment thereto and not conforming to the regulations for the district in which it is
situated.
Nursing Home or Rest Home - A licensed establishment having accommodations for the continuous
are of two or more invalid, infirm, aged convalescent patients or disabled persons that are non-related.
Open Space - Any unoccupied land space open to the sky.
Page 9 of 68
.
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/01
2 Amended: 81710 1
1 Amended: 1/30/01
Effective 9/5/00
City of CenterviUe Ord. #4
Ordinary High Water Line (OHWL) - A line delineating the highest water level which has been
maintained for a sUfficient period of time to leave evidence on the landscape. The ordinary high water
mark is commonly that point where the natural vegetation changes from predominantly aquatic to
terrestrial.
Performance Standard - A criterion established to control appearance, noise, odor, toxic or noxious
matter, vibration, fire and explosive hazards, glare, heat, waste and other potential impacts generated by
or inherent in uses of land or buildings.
Planned Unit Development - A tract of land, which will contain two or more principal structures,
developed under unified ownership or control, the development of which may be unique and of a
substantially different character than that of the surrounding 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 recreational purposes capable of
being towed or being self-propelled.
Page 10 of 68
.
5 Amended:
4 Amended: 2/19/02
3 Amended; 9/4/01
2 Amended: 817101
I Amended: l/30/01
Effective 915/00
City ofCenterville Ord, #4
Residential Facility - A state licensed residential facility, defined by Chapter 462,
Minnesota Statutes, serving six (6) or fewer persons, in a Single-Family Residential District and no more
than sixteen (16) persons in a Multiple-Family Residential District.
Right-of-Way - A street, alley or easement permanently established for the passage of persons and
vehicles, including the traveled surface of lands adjacent that are formally 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
,arallel to it at a set back of fifty percent (50%) of the structure setback.
Sign - Any name identification, display illustration structure or device which is publicly displayed and
which is used to direct attention to a product, person, business, institution or place.
Significant Historic Site - Any archaeological site, standing structure, or other property that meets the
criteria for eligibility to the National Register of Historic Places or is listed in the State Register of Historic
Sites, or is determined to be an unplanted cemetery that falls under the provisions of Minnesota Statutes,
Section 307.08. A historic site meets these criteria if it is presently listed on either register or if it is
determined to meet the qualifications for listing after review by the Minnesota State Archaeologist or the
Director of the Minnesota Historical Society. All unplatted cemeteries are automatically considered to
be significant historic sites.
Story - That portion of a building included between the surface of any 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
'oorly suited due to slope steepness and the site's soil characteristics, as mapped and described in
,ailable county soil surveys or other technical reports, unless appropriate design and construction
techniques and farming practices are used in accordance with the provision of this ordinance. Where
specific information is not available, steep slopes are land having average slopes over twelve percent
(12%), as measured over horizontal distances of fifty (50) feet or more.
Page 11 of68
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/01
2 Amended: 8/7/01
I Amertded: 1/30/01
Effective 9/5/00
City ofCcnterville Ord. #4
Street Access - A public thoroughfare, which affords the principal means of abutting land.
Street Line - The legal line of demarcation between a street and abutting land.
Structure - Anything constructed or erected, the use which requires a location on the ground, or attached
to something having a location on the ground, or an attachment to something having a fixed location on
the ground; including, in addition to buildings, billboards, carports, porches, decks and other building
features, but not including sidewalks, drives, swing-sets, enclosed play structures under fifty (50) square
feet, fences and patios.
Structural Alteration - Any change in the supporting members of a building or structure, such as bearing
walls, columns, beams, or girders; provided, however, the application of any exterior siding to an existing
building for the purpose of beautifying and modernizing shall not be considered a structural alteration.
Subdivision - The separation of an area, parcel or tract of land under single ownership into two or more
parcels, tracts, lots, or long-term leasehold interests where the creation of the leasehold interest,
necessitates the creation of streets, roads, or alleys, for residential, commercial, industrial, or other uses
or any combination thereof, except those separations:
A. Where all the resulting parcels, tracts, lots, or interests will be twenty (20) acres or
larger in size and five hundred (500) feet in width for residential uses and five (5)
acres or larger in size for commercial and industrial uses; and
B. Creating cemetery lots; and
C. Resulting from court orders, or the adjustment of a lot line by the relocation of a
common boundary. The purpose or activity for which the land or building thereon is
designed, arranged, or intended, or for which it is occupied or maintained and shall
include 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 - Singie-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.
Page 12 of68
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4101
2 Amended: 81710 I
1 Amended: 1/30/01
Effective 9/5/00
City ofCenterville Ord. #4
Usable Open Space - A ground area on a lot, which is graded, developed, landscaped or equipped or
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 consicjeration.
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
surface 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.
"1rd, front .~, yara e;:teA€liR~ asress tAG ~II '~';iatA sf tRe keRt lat 8s1\\"881=1 sias lat liASS BAa eJdeA€lif"lfl
)FA tRe at~H;tttiA~ street rigJl9t sf \\'8)' liAS ts a ae[3tR rst1l:Jire€l iR t198 yare re~ttlatiaA8 at tAe aistrist iA wl9isl9
Sttsl9 let islssate€l. OF! a S6fAer let t198 stfest a€Jaress sr Asrrewest street €liffleAsisA at tAe street 8Aall Be
tt:\e freAt yard .1
Page 13 of68
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/01
2 Amended: 8/7/01
1 Amended: 1/30/01
Effective 9/5/00
City ofCcnterville Ord. #4
Yard, Front - A yard extending across the full width of the front lot between side lot lines and extending
from the abutting street right-of-way line to a depth required in the yard regulations of the district in which
such lot is located. On a corner lot the street address or narrowest street dimension 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: Scooe and Interoretation
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
Page 14 of68
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/01
2 Amended: 817/01
1 Amended: 1/30/01
Effective 9/5/00
City ofCenterville Ord. #4
this Ordinance may be inhabited or occupied without a Certificate of Occupancy
issued by the City.
B. Relationship to Comprehensive Plan
Interpretation and enforcement of the provisions of this Ordinance are intended to
be consistent with the implementation of goals, policies and land use elements of
the Centerville Comprehensive Plan to the extent practical or required by law. The
application of or amendments to this Ordinance, which are determined to be
inconsistent with the Comprehensive Plan, shall require amendments to the
Comprehensive Plan, this Ordinance or both.
C. Minimum Requirements
In their interpretation and application, the provisions 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 of68
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/01
2 Amended: 817/01
1 Amended: 1/30/01
Effective 9/5/00
City of Centerville Ord. #4
G. Adopting the Minnesota Building Code
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 lot area
and lot width required.
C. If two (2) or more lots are in single ownership and if all or part of the lots do not meet
the width and area requirements of this Ordinance, the contiguous lots shall be
considered to be an undivided parcel for the purpose of this Ordinance.
Division 30: Non-Conformina Uses and Structures
Any structure or use existing upon the effective date of the adoption of this Ordinance, which does not
conform to the provisions of the Ordinance, may be continued subject to the following conditions:
A. The non-conforming use is not expanded or enlarged, except in conformity with the
provisions of this Ordinance; and
B. If a non-conforming use is discontinued or a non-conforming structure is abandoned
for a period of sile (€) twelve (12)5 months, further use of the structure or property
must conform to this Ordinance; and
Page 16 of68
5 Amended:
4 Amended; 2/l9/D2
3 Amended: 9/4/D 1
2 Amended: 817/01
I Amended: 1/30/01
Effective 915/00
City ofCenterville 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 parking facilities typically associated with a residence shall
be used; and
I. The conduct of an occupation or the use of substances which may be hazardous to
or in any way jeopardize the health, safety or welfare of neighbors and neighboring
Page 170[68
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/0 I
2 Amended: 817/01
J Amended: 1/30/01
Effective 9/5/00
City ofCenterville Ord. #4
property shall not be permitted.
Division 40: SinQle-Family 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 sheltered homes shall have at
least a 3/12 roof pitch and shall be covered with an approved roofing material; and
E. All Single-family dwellings shall have roof overhangs, which extend a minimum of
one (1) foot from all the walls of the structure.
Division 45: Temporary 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: Driveway 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 18 of68
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/01
2 Amended: 8n/Ot
I Amended: l/30/01
Effedive 9/5/00
City ofCcntcrville Ord. #4
Division 60: Relocated Buildings or Structures
No existing building or structure may be relocated anywhere in the City without a permit. A permit for the
relocation of any building or structure may not be issued without site plan approval by the Planning and
Zoning Commission. The Planning and Zoning Commission shall not approve a site plan without
certifying the following:
A. The building or structure is compatible in appearance, age and character with
existing buildings and structures in the area; and
B. The building or structure meets all code requirements for new buildings or
structures; and
C. The building or structure is compatible with any other buildings or structures
existing on the same property; and
D. The building or structure meets all other requirements of this Ordinance and any
other City ordinances; and
Division 65: Accessory Structures and Uses
No more than two (2) accessory structures are permitted on any Single-family, detached dwelling parcel
located in any district except R-1. Combined aggregate square footage for accessory structures may not
exceed two hundred (200) square feet or two percent (2%) of the lot area whichever is greater, 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. P.I'I 8e6essaF,' IHJilail'l!:j, IoJl'lless attaei'les te 81'1a mase 8 I'lal't af ti'le mail'l
19l:JiletiAE}, sAall Aat 8e slsser tA8f1 five (6) feet t8 tAe maifl Bl:JilaiR51, 8}:seJ9t as stns.p:Jis€ f3rs',:iseEi ifl t~li8
seetiel'l. An accessorv buildina. unless attached to and made a part of the main buildina. shall not be
closer than six (6) feet to the main buildina. 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 accessorv
buildina (aaraae) shall be no areater than 1500 sauare feet per level. Swimmina pools may exceed the
size reauirements for accessorv structures. but they can not exceed fifty (50) percent of the rear yard
8fea.2
ommercial uses (as defined bv Ordinance #4) in the M-1 District will follow the Commercial auidelines
.or percentaae of areen space. For all other properties in the M-1 District, the maximum accessorv
structure allowed is 704 sauare feet and 440 sauare feet in the R-4 District. neither !'lets to exceed the
size of the principal structure if an attached garaae does not exist. If an attached aaraae exists. the
Page 19 of68
5 Amended:
4 Amended: 2/t9/02
3 Amended: 9/4/01
2 Amended: 817101
1 Amended: 1/30/0]
Effective 9/5/00
City ofCenterville Ord. #4
maximum accessory structure allowed is two (2) percent of the lot size or a mi",il11t:lm maximums of 200
square feets.
Division 70: Site Plan Review Reauired
For alfland use applications or permit applications €lll'ler tA8'" Sil'l@le family Resiae",tial FIe'... €l€ll'lstrlolgtieFl
!:Juilai",!} flermitsS, a site plan review is required by the Zonina Administrator or their designee. Said
review shall take place thirty (30) days prior to the desired Planning and Zonina meetina. For example. if
a propertY owner desires to construct a home (or anv other structure) and desires to have it presented to
the Plannina and Zonina Commission in May, the application and site plan need to be presented to the
Zonina Administrator or his/her desianee 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 includino 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.
All plans shall be dated and bear the preparer(s) name(s), including professional registrations or
Page 20 of 68
certifications when appropriate or required.
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/01
2 Amended: 8/7/01
1 Amended: 1/3010 I
Effective 9/5/00
City ofCenterville Ord. #4
Section 070-020: Review Requirements. For actions that will require committee review, applicants
shall submit sixteen (16) sets of site plans with a required application form and appmpriate 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
necessary to complete a review of the proposed action. The City may also waive certain submittal
requirements for other actions, when site plan information for the subject property has previously been
submitted to the City and may be more appropriately supplemented with new information.
Division 75: Final Gradina and Landscaping
Lots in all districts shall be subject to the following:
Subd. 1
No Occupancy Permit shall be issued until the lot upon which the structure is
constructed is brought to finished grade as specified, except durina inclement
weather an escrow shall be deposited with the City as approved in the fee
schedule5; and
Subd.2
Within six (6) months from the issuance of the Occupancy Permit the lot shall
be landscaped in a manner, which prevents erosion due to wind or water.
Extensions may be granted at the Building Official's discretion.
Division 80: 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.
Such map shall be on permanent file and available for public inspection in the City Hall. It shall be the
responsibility of the City Clerk to maintain and keep the map up to date and to record each amendment
'hereto within thirty (30) days after official publication of the ordinance adopting the amendment.
Section 080-020: Interpretation of the Zoning Map. Where due to the scale, lack of detail or illegibility
of the Zoning Map attached hereto, there is an uncertainty, contradiction or conflict as to the intended
location of any zoning district boundary as shown thereon, the Zoning Administrator shall make an
Page 21 of68
5 Amended;
4 Amended: 2/19/02
3 Amended: 9/4/01
2 Amended: 8/7 fO 1
I Amended: 1/30/01
Effective 9/5/00
City of Ccntervillc Ord. #4
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
perpendicuiar thereto, or along the centerlines of streets, rights-of-way or
watercourses, unless such boundary lines are fixed by dimensions shown on the
Zoning Map; and
B. Where zoning district boundary lines are so indicated that they approximately follow
lot lines, such lot lines shall be construed to be such boundary lines; and
C. Where a zoning district boundary line divides a lot, the location of any such zoning
district boundary line, unless indicated by dimensions shown on the zoning map,
shall be determined by the use of the map scale shown thereon; and
D. If, after the application of the foregoing rules, uncertainty still exists as to the exact
location of a zoning district boundary line, the boundary line shall be determined in a
reasonable manner, considering the history of uses of the property and the history of
zoning ordinances and amendments in Centerville as well as other relevant facts.
Section 080-030: Establishment of Districts. For the purpose of this Ordinance, the City of Centerville
is hereby divided into the following zoning districts:
R.1 Rural Residential
R.2A High Density Single Family Residential
R-2 Single Family Residential
R-4 Single Family Manufactured Housing District
R-5 Single Family Residential. Estate
B-1 Commercial
1-1 Industrial Park District
P-1 Publicllnstitutional District
M.1 Mixed Use
Section 080-040: Rural Residential (R-1).
Purpose
The purpose of the R-1 District is to allow agricultural activities and non-sewered residential dwellings as
interim uses of the land. The City has limited vacant land for development and all land in the City is
planned for eventual urban uses. Because of the limited duration anticipated for agricultural uses in the
City and the incompatibilities which often exist between agricultural and non-agricultural uses, permitted
uses in the R-1 District will not reflect intensive commercial agricultural uses.
Page 22 of 68
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4101
2 Amended: 817/01
1 Amended: 1130/01
Effective 9/5100
City ofCenterviJle Ord. #4
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
G. 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
^,gricultural 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
muitiple dwelling opportunities in areas where public utilities are available and required for service. The
design and circulation of new residential areas are also intended to be complimentary with and enhance
the community's small town atmosphere.
Permitted Uses and Structures
A. Single-family, detached dwellings.
B. Single-family, attached dwellings with more than four (4) dwelling units per building.
C. Apartments or condominiums at a density not exceeding twelve (12) units per acre.
D. Accessory uses.
Page 23 of 68
5 Amended:
4 Amended: 2/19/02
3 Am~nded: 9/4/01
2'Amended: 817/01
I Amended: 1/30/01
Effective 9/5/00
City ofCenterville Ord. #4
E. Public parks and recreation uses.
F. Day care facility.
G. Residential facility.
H. Home occupations.
Section 080-060: Single-Family, Residential (R-2).
Purpose
It is intended that the R-2 District provide for lower density traditional single family detached dwelling
opportunities in areas where public utilities are available and required for service. The design and
circulation of new residential areas are also intended to be complimentary with and enhance the
community's small town atmosphere.
Permitted Uses and Structures
A. Single-family, detached dwellings.
B. Single-family, attached dwellings with two units.
C. Accessory uses.
D. Public parks and recreation facilities.
E. Day care facility.
F. Residential facility.
G. Home occupations.
Section 080-070: Single-Family, Manufactured Housing (R-4).
Purpose
It is intended that the R-4 District provide for high density single-family, attached and detached residential
opportunities in areas where public utilities are available and required for service. The design and
circulation of new residential areas are also intended to be complimentary with and enhance the
community's small town atmosphere.
Permitted Uses and Structures
A. Single-Family, detached dwellings.
Page 24 of 68
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/01
2 Amended: 8/7/0]
1 Amended: 1130/01
Effective 9/5/00
City of Centerville Ord. #4
B. Single-Family, attached dwellings with four (4) units or less.
C. Accessory uses.
D. Public parks and recreation facilities.
E. Day care facility.
F. Residential facility.
G. Home occupations.
Special Requirements
Manufactured homes are permitted in all residential districts if they meet the design criteria for such
districts. All other manufactured homes shall be located only in designated manufactured home districts,
which meet the requirements of this Ordinance. The general intent of this district is to provide for
manufactured housing in subdivided developments, in safe, attractive residential neighborhoods with all
urban services and desired amenities as other residential areas. No person shall erect, establish, extend
lr 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.
D. Day care facility.
E. Residential facility.
Page 25 of 68
5 Amended:
4 Amended: 2/19/02
:) Amended: 9/4/01
2 Amended: 8/7/01
I Amended; 1/30/01
Effective 9/5/00
City ofCenterville Grd, #4
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 ReQuirements
The followina minimum requirements. as set forth. shall apply to all buildings that may be erected,
converted or structurally altered in Commercial Districts,
Setback
See Table A - Schedule of District Requlations Lot and Yard Requirements.
Building Heiaht in Commercial 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 sinqle vehicle shall be nine (9) feet by eiqhteen (18) feet or larqer.
B. Off street parkinq area shall be surfaced with asphalt or concrete, and with
permanent concrete curbs to define driveways and parking limits. Plans and
specifications for parking 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 Qarking within five (5) feet from any street right of way
nor five (5) feet from any other lot line,
D. Also see Division #165,
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 parkinq, off street 10adinQ, or storaQe, 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 right-of-way. The planting or fence desiqn must be approved by the
Page 26 of 68
5 Amended:
4 Amended: Z/19/02
3 Amended: 9/4/01
2 Amended: 817/01
1 Amended: 1/30/01
Effective 9/5/00
City of Cenlerville Ord. #4
site plan review process. The site plan review process reauires a hearina before the Plannina and Zonina
Committee and the City Council. Per Division #70.
ScreeninQ Requirements
If the City Council reauires any type of screenina as a condition for a variance or special use permit;
the applicant shall comply with the followina conditions:
A. File a COpy of the screening plans with the Zonina Administrator.
B. The screenina. plantino or construction, or both shall be complete within one year
from the date of the buildino permit. sUbiect to extension by the City Council.
C. The screening shall be maintained after completion.
LandscapinQ
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 parkino area shall be landscaped with arass and shrubbery or other approved around
cover. Landscaped areas will continue to be maintained by the property owner on a continuous basis.
,reen areas within abuttino street riaht-of-ways will also be maintained bv the property owner. See
Division #160 for other reauirements.
Site Plan
Site plans for all developments reauirino a special use permit must be submitted prior to the issuance of
buildino permits. At least the followina information shall be submitted for review:
A. Site development plan.
B. Buildina plans, includino buildina elevations. indicatina mass. buildina materials. and
color of all exterior surfaces. includino all materials proposed to meet the screenina
reauirements of this ordinance.
C. Landscape plans. includina the number. species, and size of all plantings.
D. Gradina, drainaae. parking areas, items to be stored. and utility plans.
Accessory Structures
Garaaes, accessory structures, screen walls, buildinos. and exposed areas of retainino walls shall be of
similar type. aualitv, and appearance as the principal structure.
Exterior af Buildina
I buildinas shall be finished on all sides with permanent finished materials of consistent auality, per
uivisian #95, and Ordinance #44-A.
Page 27 of68
Permitted Encroachments
The followino shall not be considered as encroachments on setbacks subiect to other conditions within
this ordinance:
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/01
2 Amended: 817/01
1 Amended; 1130/01
Effective 9/5/00
City of Centerville OTd. #4
Off street parkino spaces, flues, belt course, leaders, sills, pilaster, lintels, cornices, eaves, outters,
awn/nos, open terraces, service station pump islands. open canopies, steps. chimnevs, flaq poles.
ornamental features, open fire escapes, sidewalks, and fences, except as hereinafter amended.
Exterior Merchandise
See Section #135-140.
Liqhtina
See Section #135-040.
Drivewavs
A.
No driveway shall be located within one hundred (100) feet of any riqht-of-wav
line of a street intersection. Said distances shall be measured alono the property
line from the corner rioht-of-wav and County line.
B.
Access drive onto county roads shall require a review bv the City Enoineer.
This review shall be measured alono the property line from the corner riQht-of-
way and County line.
Special Use Permits
As provided in Division #200 of this ordinance.
Criteria for issuance of Special Use Permit. When reviewino an application for a Speciai Use Permit the
Plannino and Zonino Commission and City Council shall considered the followino criteria:
A. Impact on traffic.
B. Impact on parks, streets, and other public facilities.
C. Compatibilitv of the site plan, internal traffic circulation, landscapinq and structures
with contiouous properties.
D. Impact of the use on the market value of contiguous properties.
E. Impact on general public health, safety, and welfare.
F. Compatibilitv with the City's Comprehensive Plan.
Sians
As provided in Ordinance #39.
Page 28 of 68
Refuse
A.
c.
D.
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/01
2 Amended: 8/7/01
1 Amended: 1/30/01
Effective 9/5/00
City ofCenterville Ord. #4
All premises shall be provided with. at owners expense. an adeauate number of
approved containers to hold the aarbage accumulated bv such premises. Such
containers shall be made of metal or other suitable material. shall be water tiaht.
insect and rodent proof. and shall be of a material not easilv corrodible and
eauipped with suitable handles and tiqht fittinq covers and shall be kept covered
when there is qarbaqe stored therein.
B.
Garbaae 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 wav to unreasonablv interfere
with the use or eniovment of adioinina propertv.
All garbaqe containers shall be screened with a suitable enclosure.
Everv aarbage or rubbish container shall be maintained in as sanitarv condition as is
possible and shall be thorouqhlV cleansed as needed. If. upon inspection bv the
Administrative Authoritv a container is found to be in poor repair. corroded or
otherwise defective the Administrative Authoritv shall notify. in writinq. the provider
or user of the container of the deficiency and shall reauire the repair or replacement
of the container within fifteen (15\ days. All container enclosures shall also be kept
in aood repair.5
Permitted Uses
A. Retail sales and service, but excluding adult orientated businesses.
8. Automobile and motorized equipment sales and service, excluding salvage operations.
C. Farm implement sales and service.
D. Building supply sales and storage yards.
E. Funeral homes and mortuaries.
F. Day care centers.
G. Hotels and motels.
H. Full service gasoline sales and service.
I. Eating and drinking establishments.
Page 29 of 68
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/01
2 Amended: 817/01
1 Amended: 1130/01
Effective 9/5/00
City ofCenterville Ord. #4
J. Financial institutions.
K. Personal and professional business offices.
L. Public buildings.
M. Barber/Beauty salons.
N. Commercial schools.
O. Hospitals and clinics.
P. Nursing homes.
Q. Commercial recreation.
R. Animal clinics.
S. Car washes.
T. Liquor stores.
Section 080-100: Industrial District (1-1).
Purpose
It is intended that the 1-1 District provide opportunities for light manufacturing and industrial uses, trade
businesses, machine shops and other more extensive land uses.
General Minimum Requirements
The following minimum requirements. as set forth herein, shall applv to all buildings that may be erected.
converted or structurally altered in Industrial Districts.
Setback
See Table A - Schedule of District Regulations Lot and Yard Requirements.
In addition, side yards facinq streets on corner lots shall be considered the same as front yards. Where a
front yard or side yard of a corner lot faces a residential district across a street. the setback from the
street shall be not less than 60 feet.
Building heiqht in Industrial Districts
As provided in Division #115 of this ordinance.
Off Street Parking
As provided in Section 36 of this ordinance.
Page 30 of 68
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/0 I
2 Amended: 817/01
I Amended: 1/30/01
Effective 9/5/00
City ofCenterville Ord, #4
In addition to Division #90:
A. Space for a sinqle vehicle shall be nine (9) feet by eighteen (18) feet or larqer.
8. Off street parkinq areas shall be surfaced with asphalt or concrete. and with
permanent concrete curbs to define driveways and parking limits. Plans and
specifications for parking areas shall be reviewed by the City Engineer. and
approved by the City Council prior to construction.
C. All open street parkinq areas havinq more than six (6) parking spaces shall be
effectively screened by a wall. fence of acceptable desiqn. or compact hedge along
all sides which adioin or are directly across the street from the property in a
residential zone or institutional use. Such wall. fence or hedqe shall be maintained
in qood condition. Plans for fencinq shall be approved by the City Council. The
fence shall not be used for advertisinq purposes.
D. Parkinq constructed to fall within the minimum setbacks. See Table A.
E. Off street parkinq areas shall be so qraded and drained as to dispose of all surface
water. Drainage plans shall be subject to approval of the City Enqineer.
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 sixty 60 feet. Parkinq of vehicles will be permitted within (40) feet of the side yard line. All side
yard areas not utilized for parkinq shall be landscaped with screeninq provided along the side lot line to
within (15) feet of any public right-of-way.
Screeninq Reauirements
If the City Council requires any type of screeninq as a condition for a variance or special use permit. the
applicant shall comply with the fOllowinq conditions: .
A. File a copy of the screeninq plans with the Zoninq Administrator.
8. The screeninq, plantinq or construction, or both shall be complete within one
year from the date of build/nq permi!. subiect to extension by the City
Council.
C. The screening 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
Page 31 of68
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/01
2 Amended: 817/0 I
1 Amended: 1/30/01
Effective 9/5/00
City ofCenterville Ord. #4
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.
Landscaping
A minimum of ten (10) percent of any lot shall be green space. Three (3) percent of the surface area of
the land within a parkinq area shall be landscaped with grass 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 riqht-of-ways will also be maintained by the property owner. Also see
Section #160.
Site Plan
Site plans for all developments require special use permits prior to the issuance of buildino permits.
At least the following information shall be submitted for review:
A. Site development plan.
B. Buildinq plans. includino buildinq elevations. indicatinq mass. buildina materials.
and color of all exterior surfaces. includino all materials proposed to meet the
screeninq requirements of this ordinance.
C. Landscape plans. includina the number. species. and size of all plantinqs.
D. Gradino. drainaoe. parkinq areas. items to be stored. and utility plans.
Accessorv Structures
Garages. accessory structures. screen walls and exposed areas of retainino walls shall be of similar type.
quality. and appearance as the principal structure. Accessory structures shall comply with all of Section
#080-100.
Exterior of Buildina
All buildings shall be finished on all sides with permanent finished materials of consistent quality. per
Division #100. and Amendment #44-A.
Permitted Encroachments
The followinq shall not be considered as encroachments on setbacks subject to other conditions within
this ordinance:
Off street parking spaces. flues. belt course. leaders. sills. pilaster. lintels. cornices. eaves. qutters.
awninqs. open terraces. service station purnp islands. open canopies. steps. chimneys. f1aq poles.
ornamental features. open fire escapes. sidewalks. and fences. except as hereinafter amended.
Exterior Merchandise
See Section #135-140.
Page 32 of 68
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/01
2 Amended: 817/01
1 Amended: 1/30/01
Effective 9/5/00
City of Centerville Ord. #4
Lighting
See Section #135-040.
Drivewavs
A.
B.
No driveway shall be located within one hundred (100) feet of any right of-way line
of a street intersection. Said distances shall be measured alonq the orooerty line
from the corner riqht-of-way line.
Access drive onto county roads shall require a review by the City Enqineer.
Special Use Permits
As provided in Division #200 of this ordinance.
Criteria for issuance of Soecial Use Permit. When reviewinq an aoolication for a Special Use Permit the
Planninq and Zoninq Commission and City Council shall considered the followinq criteria:
A. Imoact on traffic.
B. Imoact on oarks. streets. and other pUblic facilities.
C. Compatibility of the site plan. internal traffic circulation, landscapinq and structures
with contiquous prooerties.
D. Impact of the use on the market value of contiquous properties.
E. Impact on qeneral public health. safety. and welfare.
F. Compatibility with the City's Comprehensive Plan.
Signs
As provided in Ordinance #39.
Refuse
A.
B.
All premises shall be provided with. at owners expense. an adequate number of
aporoved containers to hold the garbaqe accumulated by 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 tioht fittinq covers and shall be kept covered
when there is qarbaqe stored therein.
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 property.
Page 33 of68
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/01
2 Amended: 8/7/01
1 Amended: lllQIOl
Effective 915100
City ofCenterville Ord. #4
C. All qarbaqe containers shall be screened with a suitable enclosure.
D. Every qarbaqe or rubbish container shall be maintained in as sanitary condition as is
possible and shall be thorauqhly cleansed as needed. If, upon inspection by the
Administratiye Authority a container is found to be in poor repair, corroded or
otherwise defectiye the Administrative Authority shall notify, in writinq, the provider
or user of the container of the deficiency and shall require the repair or replacement
of the container within fifteen (15) days. All container enclosures shall also be kept
in qood repair.
Loadina Facilities
Loadinq facilities shall be on the side of rear yards. When adiacent to and/or visible from any public
street. such facilities must be adequately screened.
Storaae
For the purpose of this zoninq district, car. vans and pick-uP trucks parked outside and used by
employees and/or visitors in the normal course of the business operation will not be construed to be
outdoor storaqe. Further, outside parked trucks and semi-trailers used in the normal business commerce
will not be constructed to be outdoor storaqe:
A. Provided 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 zone.5
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 Required).2
H. Kennels (Special Use Permit Required)5
Page 34 of 68
L
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/01
2 Amended: 817/01
1 Amended: lt30/01
Effective 9/5/00
City ofCenterville Ord. #4
Sp8sial Requirements
T~e staFa~e sf Sl:JI3~lie8, I3re~h:18ts, '/el=1i13les, 6€1l;iil'3ffi6At ef 8t~er materials sMail Be he rat iMaaers l:.IAleS3
t6tall)' s6raeAea trem I3~BIi€ Fi~Rt8 sf '.\'sJ' 3AB aajaBsAt Flf-€lfJsFtiss. Aal:4lt sfief-ltatsB l3I:iSiR8S8SS are
fe!Jl:Jlatea 86}3srately BY City OFsiR8Aee5.
Section 080-110: Public/Institutional District (P-1).
Purpose
It is intended that the P-1 District provide opportunities for government facilities, schools, churches,
hospitals, libraries and other similar public and institutional uses.
Permitted Uses
A. Government buildings, structures, facilities, utilities, rights-of-way, easements,
parks, open spaces and vacant land.
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.
Page 35 of 68
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.
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/01
2 Amended; 8/7/01
1 Amended: 1/30101
Effective 9/5/00
City ofCenterville Ord. #4
Greater flexibility in zoning regulations often leads to more subjectivity in land use interpretations. In
making zoning decisions about land use compatibility and dimensional criteria for uses and structures, the
City shall have broad discretion to protect the public health, safety and welfare; and to protect the
residential integrity of the Mixed Use District and surrounding residential neighborhoods.
Setbacks and lot coverage for new or expanded structures shall be determined through the Site Plan
Review process by the Planning and Zoning Commission. Factors to be considered in the determination
shall include; but not be limited to, existing setbacks, structural appearance, site drainage, public access,
pedestrian safety, automobile safety, intersection visibility, height, parking, landscaping and other site
design factors. Residential 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/classroom plus 1/3 seats in largest assembly
Page 36 of 68
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/01
2 Amended: 817/01
I Amended: 1/30/01
Effective 9/5/00
City of Centerville Ord. #4
Theaters...................... .................113 seats
Restaurants .................................113 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
Division 95: Commercial Exterior Buildina 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 Buildina 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.
ivision 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
Page 37 of68
5 Amended:
4 Amended: 2119102
3 Amended: 9/4/01
2 Amended; 81710 I
1 Amended: 1/30/01
Effective 9/5/00
City of Ccnterville Ord. #4
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.
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
commerciallindustrial 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.
SeeticR 110010: CeReral Pr6\-isisR8.
f.. Ci@R6 are f3fSRiBite€1 '::itAif-l tAB f3~Blie ri!JAt ef way er eassmsFlts sn86tJt tRat tA6 City
Cet;lFleil ffi8Y ~raAt 8 C~eeial Use rermit ta Iseate 8i~I!'IS BAa aS8sratisA8 €If} sr
'~vitRiA tAe ri~f1t af 'I.'a)' far a 8J3eeifie€l tif-f-le.
Page 38 of 68
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/01
2 Amended: 8/7/01
1 Amended: 1/30/01
Effective 9/5/00
City ofCenterville Ord. #4
0. rlssl=liAgJ Si~AS, metief'l Si!JAS Sf similar €i's'/jess sRall Be }3reRil3iteet iA all etistrists,
6}{S8J3t a~J:lrer'eEl traffis si@Aal aevises.
C. IAtefief illElmiAate8 Si@AS are ~erAAittea iA all aistrista eXGGFlt nesi€lsPltial. :\lJ
illt:lmif'lats6 Si[3f-18 BRslI ~a\'e a 8Rie/seg Jj~Rt 86tlfee.
D. B~siAes8 si@F1s s19all Rst l3e J]siFltea, attaesAe€l, sr iA 8Ft)' ~aAAer affb{es la tre8s,
r861(8 sr silTlilar Ast1;lralsl::lFfaess, ~J€l8i@A6 s(~,=,YJY(36 sRall l3e (3aiMtsa eirsetlj' SA te
tA6 feef ar tJqs siaes €Jf a Bt;lilaiA@.
E. E:i~F18 \\'hisR ifltet=fere ~'itR the sBilit,' af '~'eRi8Ie Sf36FStSfg Sf ~sa6stfiaAS t6 see traffie
gi~Aal8, Sf '~'Ai8A imf3eae iRe ';isisFI sf trame BY ;eAiels 8peratsrs Sf f'eaestrisA8 are
I'reAiBite~.
r. ~'all SiElAS ffitJsi Be msuFltsa ta t198 'h'all if.! a j3laf.!8 J9an~1I181 ts U~e wall aRe FiSt
f]8Fl3eflSieH::.Ilar 8r J3f8jeH3tiF\~ fram t.1ge '.vall.
C, Si~r=ls sAslI Plet I3n~je8t af3er.'s tRe rssfliM8 ef 8M)' stfl:1ett:lf8 ';;itA8Clt tAs iSSl;lSf-lee af s"
S1988ial Use reFfflit.
H. ~J€l si~F1 5Aall13hysieally 8sstrEle1 8M)' 'wVif.!S6VJ, fire assaf's Sf e158flifl~ iFlteRsea t8
tlfs'w'ia8 8Atry Sf sHit 16 aA)' s1rl;letElre Sf Bl:1ih?JiFlf=j er f3l;;Jslis 'say.
I, P~II SigAS 8f.!S 8i~f-1 atrt::l8tClrss SAS" Be J3f6l3srly msiAtaiAea if) a safe, ar€J8fly 8erH~iti6A
at all times, if1GI~H~iF\E' tAe rSf)laeSffl6At af aefeeti'w's f!afl:s, elesFlif.!g 8F\S StA8f items
reqt:Jir8s f8f iRe ffisiAisI!'\8R8e 6f tAe SigJfl. VS!36tatisA ar8t:JFl8, ifl freAt ef, sshir'l€J, 8A€!
uflserAeath tAB B8SS af ~rel;lF\a SiElF\8 mr a sistaRee af teA (19) feet 8Aall Be Reatly
triFfH~8a aRe! wee af v;ee€ls, BAa AS rUBsish Sf sehris tMBt 'wsblla sSFlstitClte a fire Sf
f;;fealtl9 f;;fszar-s shall se l3ermittsfj !;JABer €If fleaf tAe siEJR.
d. ~le ei~Ae may Be I'la6e~ SA \jtility I'el6e iA tA6 ssmm\jAity.
1<. T~ef'e /'flay 198 f'l€J ffisre U'l8A SAe iasRtieal aiElA FJsr let iM a r8siasAtially ZSflfH:f 8MB.
8eetial'l111111211: Permitted Si!!ll'ls.
Ph CamJJai~A SiE)flS 136st68 BY f3af.!8 fiefs 88l"lai€fatss fer f'slitieal e#fee Sf J3r a fjSF88t=1 SF
gJf€Jl:lfj FJr13fflstil!'JgJ a I9slitisal iSSl:ls ffir a SBAsiaata may Ba 1318888 iF} aJiJ)' aistriet
sl:JBjest te HilS ree,ljirements af the eistfiet. CamFJai~f.! 8i~Rs may l36 f)6St88 far a
J3eris{j Rot ta SHS6ea silt!) (69) €lays arui SAslI ~e ff~Hl'la'..ea 'nithifl 66',:619 €lays
fell8wiA~ tAe ~ate ef tAe elestieA. OAly eAe Si~A I'er 8aA~i€late will Be 8118'.ve~ I'er
let.
B. Temf30rary 13aflflers 8f.!B jaSAf.l8f.!tS eFA)3I€lyea far ~"aA€I 8~ef\if.!~ af 0l:1siR668
Page 39 of 68
S Amended:
4 Amended: 2/19/02
3 Amended: 9/4/01
2 Amended: 817/01
1 Amended: 1130/01
Effective 915/00
City ofCenterville Ord. #4
8atasliSAffi8nts, 8J3S6ial Er.'Sf'lts SAa R6liaays BRa II ~6 remfr:ea v;itAiA fel;JReefl (1 ~)
€Jays after S~H.~~ aA @j:leAin!?J, e'/6At Sf Rsliday. 0aflfleFS er j98flf'lSl9tS V:l:1iSA are aF]
iAtSgJF.a1 fJelR €If t~e €leBj~f-I €Ir ar8FiiteeteJre af a tJl;1i1€lit='\~ are raermittea.
C. ORe teffi~ef.Sr'i ieJ0fltifisatisFl SifJfl, 6ettifl~ feFtFi tAe Flame sf tf;;)e I3rejest, ar6Aiteet,
6AgjiAeera, e.eAtreeterB, }5lafH'lers eREi fiRafl6il9@J sEJeAgies, may Be iflstallea at a
eeH'lstrl;Jstiofl site iF] SA)' 8;8tr:;e1 fer iRe ~afies f3f €elRstFl::tetisrl. TRe SigA area sf a
teFfl~6f-ar/ i8eAiifieati6A Bi~A BAa II Rot e;(Seea tRiA,' five (36) sfitlars feet.
D. IA 8R)' €Iietriet, 6fie. teffif)f!3raF'j real estate 8i~F1 may as ersste€l fer tRs F3l;Jr~8Se sf
adYeFtisiR~ tAe lease SF sale af ~f6fJBft)' l:lp€lA ..\.tli8A it is fllase.d. 0191"1 eF\S 8U8~ Si@fi
sAall se }98fmittea tJsr strsst fref'ltage. SueR sigf'l sAall138 rSflH9'/Se y:it19if-l Se\'8R (7)
{jays felJa'^'i!!'l~ le8se sr sals.
E. 0138!!'l Rablse Sf etAef temfjaraf)' Si~R8 that are fllaee€l aR8 reffH5'/ea eft tAS same
~
The IT,cu:imt;lm size af 6~eA ei!3ns fer eS6R Elistrigt is as fellt!r:/s:
nesias!!'ltial Distrists 13 .................................................. TeA (1 Q) S~l5Iaf8 feet
1\!3Fist:Jltl:lre taRa rtlBlis/IAstit\:jtieAal DistFi6ts B.............. TweAty five (25) seIl:Iare feet
CammensiaL'lFlell;Istrial Distrists B..............,...............:.. TRiriy 1'.'\,8 (22) sqt:Jsre feet
Sestio" 119 9aO: Pertable Signs. rertal3le Si~AS are ~ral9i8itea if-] resi€tsAtial elistrists. raftalsle Si@flS iJ."
all etf.=var Distrists are aIl0\ve€f 'Nitl9 permit as s~egifisall)' 8t=1tA€lrize€l hela'lI. rartaf9ls 8i~AS !;Isea fer tAS
J9l51r~ese ef 6ire8tiA~ tAB FlI;J13lis ',Jill 8s ~eFmitteeJ st:Jbjeet ta tAe fslle'/:iAg safl€fitisAS:
'~h Saia 8;~f-1 is esiR6i€Jemtsl ta tar bl80a iA !3aAjl:JnetisA '.vitA a 19l:1blira fl5lrlt~tioA; BAei
B. Saia Si~A is l:Ise~ far a s"ssial EH:isiASSS ~r6ffi6tiaA 3r s';eni; sAd
D. TAB ~er;8d af e1SS fer Sl;JSA a S;~F1 8Rall Aet susesa fel;100eR (11) 66A6ee\;:Jti'w's €Is'/s;
aOO
D. ~J6 Bl:lsine68 w,ay h~r:e mere tt~aA si:( (6) BfEleaial prSFIgetisAS Sf s';ef-lts ~6ryear; sAa
c. r€lrtssl6 Sif3AS may Flet 8Haeee ej~Aty (80) s~e1are fast.
Sesticn 11 Q 9i9: Comprehensive Sign Plan Reqtlired. A C6m~feAeAsj'_'e SigFl ria" is rS€)l:IireeJ at tA0
tiFAS at rISAAiR@ SRa Z€lf1iF'lQ CaFRmiB8iaFt revis'^, at arty j3rsFlsse€l CSfflFfle.reial sr iFt€h:1strial ae:lelepffi8flt.
Saiel f3ISA BAall iAaieste tl9s IssatisfI, sizs, Msi@At, 8al3f, Ii!3Flt;F]gj 8Aa 8FisFlfatisA sf all (3fo(9oaea ait:jRB aFt€!
sl=1all 68 BElsmittea fer 8Flf;)r€f/al f;)l;!rSl:lSAt fa t196 fegl;Jlatisl'ls af tAe City af CeMter~'ille.
,~. TAB fGlltawiR~ aif:jfl8 are f36rmittea iA tRs n6sia61'1tiel aA6.rE1bli€.'IPl8tit~tieAal Distriets:
Page 40 of 68
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/01
2 Amended: 8/7/01
1 Amended: 1130101
Effective 9/5/00
City of Centerville Ord. #4
1, tJame Plate SigAS: ORe (1) si[Jf\ Ast t8 6H86sa 1''''19 (2) sql:lsrs
feet iA area far !!a8~ SiA~le raFflil'/, 8stasAea, 8welliA~ er sb(
(€) s~l:Iare feet iF! area fer sagA Melltif3/e family aAa
rtJsli8!IAstitl:JtieAaJ Bl:JileJiAEI, CaifJ A8msplate sRal1 iAsisate ISAly
FlaM1!! 8A€I 8€h:jress.; 8FtS
2. Public, Instittdianal, and Resr-eatisflsl EigAS: GAS si!3A €lr
Bl::JlIstiA BeaFS per street freAta~e fer 886R 13ermittea t:.=Je8 if! ssieJ
aistriet,. J3F6viete€=l asia eigR sAall Aet sHsesa fifty (g9) 8~l;lare
f-est il!'l area 8Ma shall Be ptaeea €H:ftsiae af the street ri~At af
V/BY \VitR tFie s){Se13tiElR af the eeAter
ialafl€=l aREI et9all Rat eHt3eea wJel';e (12) feet ifl Rei~t:lt; BREI
2, Afea Identifisstien Sign: OAe (1) Sj~M Ast ta e;u~eeg t~\'eRt,'
~€)I:jr (21) s€Jl:Iare feet ifl area far saeA I3lafH~ea re8iasAtial
sistrist sfltraA8s, pr€rw'iasa Baia !3i~M is Ast Fllaesa v;itt=1it"l aAY
street f>i~Rt 6f \vay al"\~ 8e8s I"\et e)(6866 teA (19) feet ifl ReifJAt.
13. Tt-ls fellev,/il"l!f1 si~l"Is are ~ermitte8 iR tt:la Cefflmersial sfl€lIAEll1Btrial Dietrists:
1. ';'/all SigAS: Vwtall SigJR8 are flermittea 8r'1 easA (3td3lis street
S){~SSl:Jfe Sf I9l1Blie J'3arldf1!J e}(!3SS1;IfS pf€r:iaea seiEl si~Aa~e
sees I"Ist eHseea tel"l perssAt (1 Q~~) sf aaia wall area; BAS
2, rree Standing SigAs: OAS (1) free atsFlsiA!@1 Si~R J38r street
fnn;ta~8 ~re..'is6a, A6wever, saia Si@A sae8 Ast eHseeEt 8i~At:i
(89) 8f4uare feet if) area aRa tv.'BAty (29) feet if1 tgei~Rt; aAs
a. Area IdeAtifio8tiO" 8igAS: OAe (1) area i€leRtifisstieA SigA is
~erl'flittea per street fFef'1ta~e J3sr 88mmereial sr iAal:lstrial
ae'/elef3meRt pnr;iaes, A8Werw'er, saia Si~Fl 8668 Ret S){8eEH~f
siHt,' fel;Jr (S 1) stll::l8fe feet iA area BAS t:;Sflt)' (29) feet iA
Rei~At, aAd is Ret pla8es \VitAiR teR (19) feet af 8f'1Y street figAt
sf US"f.5
Division 115: Heiaht
Section 115-010: Dwellings. No dwelling or other building may be erected to a height exceeding thirty-
'ive (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:
Page 41 of68
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/0 I
2 Amended: 817101
l Amended: 1130/01
Effective 9/5100
City ofCentervilJe Ord. #4
A. The front, rear and side yards shall be increased one (1) foot for each one (1) foot
by which the building exceeds the height limit established for such district; and
B. The structure is any of the following: television and radio towers, church spires,
belfries, monuments, tanks, water and fire towers, grain elevators, stage towers and
scenery lofts, cooling towers, ornamental towers and spires, chimneys, elevator
bulkheads, smokestacks, conveyors, flagpoles, silos, and air conditioning and
heating units; and
C. No tower, gable, spire, or similar structure shall be used for sleeping or eating
quarters, or for any commercial purpose except one (1) incidental to the permitted
uses of the main building.
Division 120: Yards
Section 120-010: General Requirements. The minimum depth of front yards, rear yard and side yard
for each District shall be as defined in the Schedule of Regulations and conform to the following additional
regulations:
A. All structures, whether attached to the principal structure or not, and whether open
or enclosed, including porches, carports, balconies or platforms above normal grade
level shall not project into any minimum front, side or rear yard; and
B. bets v;tolisi'I aB~t SA I'I'lBre tAal'1 BAe (1) street si'lalll9f.0'.iae ti'le re€ll3irea W€lAt yaF€fs
alf:.H'l~ 886M street. r1ear yard sstB8shs 8AsII Plot ae re~tlire6 @Oft 6erp,er 1818 siRes
ei€i8 yarfl sst13SSlU3 a~f3ly; sf-Ia
B. Lots which abut on more than one (1) street shall provide the required front yards
alonQ each street for the principal structure. Side yard setbacks for an accessory
structure will apply to the frontaqe that is not5considered to ~ 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
Page 42 of 68
5 Amended:
4 Amended: 2/]9/02
3 Amended: 9/4/01
2 Amended: 817101
I Amended: 1130(0 I
Effective 9/5/00
City ofCentetville Ord. #4
2. Churches, schools and public or semi-public structures -
Forty (40) feet; and
3. Recreation facilities, entertainment facilities, all business
uses and all industrial uses - Sixty (60) feet.
Section 120-020: Computing Front Yards. For the purpose of computing front yard dimensions,
measurements shall be taken from the nearest point of the front wall of the building to the street right-of-
way line subject to the following qualifications:
A. Cornices, canopies, or eaves may extend into the 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 tRe area trianqle5 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
"-'ity, executed by the parties concerned, for joint use of the off-street parking facilities shall be filed with
Ie County Recorder's office.
Page 43 of 68
Division 125: Performance Standards
5 Amended:
4 Amended; 2/19102
3 Amended: 9/4/0 I
2 Amended: 817/01
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~ity of Centerville Ord, #4
Every use permitted by this ordinance shall be so established and maintained as to comply with the
provisions of this section. The Council may require the owner or operator of a use permitted by this
ordinance to provide such tests or investigations by an independent testing organization satisfactory to
the Council as are necessary to show compliance with these standards. The cost of such investigation
and tests shall be shared equally by the owner or operator and the City unless the results disclose non-
compliance with these standards; in that event, the entire cost shall be bome 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 Sewage Treatment Standards
The installation and repair of individual on-site sewer systems shall be in compliance with Minnesota
Pollution Control Agency Rules, Chapter 7080.
A. Permit Required: No person shall install, repair, alter or pump an on-site sewer
system without first obtaining a permit.
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
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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
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.
iection 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
from 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.
necreational fires must be actively attended by a responsible adult. When the fire is abandoned it must
e completely extinguished.
Page 45 of 68
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4 Amended: 2/19/02
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City ofCentervUle Ord, #4
Section 135-130: Bulk Storage. The storage of all bulk liquids, fuels, chemicals, and gases shall be in
compliance with and regulated by Minnesota Pollution Control Agency Rules, Minnesota State Fire
Marshal rules and the Minnesota State Building Code.
Section 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 Dwellings in the M-1 Districts:"
A. Agricultural products, equipment and appurtenances owned by the owner of the
property and used on the property on which they are kept; and
B. All licensed and operational motor vehicles shall be parked on the permitted
driveway area. Any non-licensed, non-operational vehicles must be stored in an
enclosed structure; and
C. A maximum of two (2) of the following units may be stored outside of a structure for
more than forty-eight (48) hours on any residential parcel provided they are stored
on the permitted driveway area 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 screened
from adjoining properties and rights-of-way. The Site Plan Review process is required to determine the
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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 Zoning
Committee and the Citv Council. 5 Outside display of vehicles, equipment and merchandise for direct sale
to consumers when such outside display is customary and necessary to the trade and is a permitted use
within the zoning district. The Site Plan Review process is required to determine the appropriateness of
the storage or display proposed, surfacing required for the display area and any additional landscaping or
screening which may be required.
Division 140: Surface Water ManaQement
~
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
Iischarge 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 manmade waterways and ponds may be used. Preference shall be given to designs using
surface drainage, vegetation, and infiltration rather than buried pipes and man made 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 ManaQement
In accordance with the Wetlands Conservation Act of 1991, the following regulations shall apply to
wetland areas:
A. Permanent natural buffer areas and appropriate erosion control measures be taken
surrounding wetland areas to prevent sedimentation of the wetland; and
B. Wetlands may not be drained or filled, wholly or partially, unless replaced by
restoring or creating wetland areas of at least equal public value. Wetland
encroachment must be guided by the following principles in descending order:
1. Avoiding the direct or indirect impact of the activity that may
destroy or diminish the wetland; and
2. Minimizing the impact by limiting the degree or magnitude of
the wetland activity and its implementation; and
3. Rectifying the impact by repairing, rehabilitating, or restoring
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the affected wetland environment; and
4. Reducing or eliminating the impact over
time by preservation and maintenance operations during the
life of the activity; and
5. Replacing or providing substitute wetland resources or
environments.
Division 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
causes excessive erosion or sedimentation, or which results in damage to water or soil resources. All
development in the City shall conform to the natural limitations presented by the topography and soil
types in order to minimize soil erosion and sedimentation. Erosion and sedimentation controls shall be
consistent with the MPCA's, "Best Management Practice".
Land disturbing activities shall occur in increments of workable size such that adequate erosion and
sediment controls can be provided throughout all phases of the development. The smallest practical area
of land shall be exposed or otherwise disturbed at anyone period of time. Areas where natural
vegetative barriers are not enough to contain erosion and sedimentation from penetrating water bodies,
wetlands, water courses or neighboring properties shall be staked with silt fences and straw bales.
Division 160: LandscapinQ
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
R-1
R-2, 4 & 5
R-2A
B-1
Oversto Trees
2 trees/unit/street fronta e 1
2 trees/unit/o en s ace ex osure2
8 trees Ius 2 trees/unit3
8 trees or 1/3000 sq. ft. site area5
Foundation Plantin 54
None
None
None
1/10 ft. building & parking
area
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L_
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City of Centerville Ord. #4
M-1 8 trees or 1/3000 sq. ft. site area5 1/10 ft. building & parking
area
1-1 8 trees or 1/3000 sq. ft. site area5 1/10 ft. building & parking
area
P-1 8 trees or 1/3000 sq. ft. site area5 1/10 ft. building & parking
area
1 Trees shall be deciduous and planted at the boulevard, except on cul-de-
sacs where one of the required trees may be planted off the boulevard
but in the front yard area.
2 Trees shall be deciduous. Unit exposures with street frontage shall be
planted at the boulevard.
3 Tree spacing must include trees at the boulevard at minimum fifty (50)
foot intervals.
4 The calculation for the number of foundation plantings is based upon one
(1) planting for each lineal foot of building perimeter and parking lot
perimeter. Plantings may be grouped rather than dispersed at ten (10)
foot intervals.
5 The required number of trees is based upon a minimum of eight (8) trees
or one (1) tree per three thousand (3000) square feet of site area,
whichever is greater. Tree spacing must include trees at the boulevard at
minimum fifty (50) foot intervals.
Section 160-020: Minimum Standards.
A. Overstorv Trees:
1. Deciduous Trees: Two and one half (21/2) inch caliper
planting size, balled and burlapped.
2. Coniferous Trees: Six (6) feet in height planting size, balled
and burlapped.
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. Overstorv 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 or foreign. Plant species must all be tolerant
to snow storage, exposure to salt and sun scald in parking areas.
F. Diversification: In any development in which at least eight (8) overstory trees or
foundation plantings are required, at least three (3) varieties of boulevard trees are
required on each side of the block.
G. Warranty: All required landscape materials shall be warranted for growth for a
minimum of two (2) years after planting.
Division 165: Off-Street Parking
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.
Section 165-010: Change in Facilities. An off-street parking area shall not be changed to any other
use until equal facilities are provided elsewhere. No parking area used or designated in connection with a
building in existence on the effective date of this ordinance shall be reduced to provide fewer than the
minimum number of parking spaces required under this Ordinance.
Section 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 circulation
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 orfraction 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,
any fraction of one-half (1/2) or less shall be disregarded and any other fraction shall be construed as one
(1 ).
Section 165-050: Uses Not Mentioned. For any use not specifically mentioned in the schedule of off-
street parking and loading requirements, the number of spaces required should be that required for that
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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 oft-
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: Improvelllent and Maintenance. Required parking and loading spaces, together with
driveways, aisles, and other circulation areas, shall be improvea 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.
livision 170: Buildina 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: Sportina. Athletic. and Music Events
Sporting, athletic, and music concert events, as defined herein, shall be permitted by Special Use Permit
in the Residential Districts of the City of Centerville, subject to the following requirements:
A. Sporting, athletic, or music events shall be defined as the conducting of such
events by individuals, non-profit or profit organizations, partnerships or corporations
wherein participants and/or patrons are charged an entry fee for the right to
participate in such event and/or compete for monetary or merchandise prizes.
Such events shall include, but not be limited to, softball, football, volleyball,
broomball, ice or field hockey, tennis, basketball tournaments, or outdoor music
concerts; and
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City of CenterviIle Ord. #4
B. Such activities shall be considered a Special Use within all Residential Districts of
the City and shall require a permit therefore. The City shall have the right to make
provisions in such permit for insuring public health and sanitation, traffic regulation,
noise and litter control and regulation on the number of events that may be
conducted on a specific site.
Division 180: Planned Unit Developments (PUDs)
Section 180-010: Objectives. To help encourage a more creative approach to the use of land,
departures from the Centerville Zoning Ordinance may be granted by the City Council in the form of
Planned Unit Development Districts to achieve:
Subd. 1:
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
banks, wooded cover, rough terrain, and similar areas; and
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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 in
single-family, two-family, town or row houses; any non-residential use to the extent such non-residential
use is designed and intended to serve the residents of the planned unit development; public or private
-ducation facilities; or other uses permitted in the Zoning District in which the planned unit development is
cated. When a PUD proposes a mixture of residential uses with commercial uses, the Council may limit
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 lake into
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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
requirements of buildings similarly developed under the terms of this ordinance on separate parcels.
Section 180-080: Access to Public Right-ot-Way. The site of a PUD shall abut, and the major internal
street or streets serving the PUD shall be connected to, at least one primary arterial, or neighborhood
collector street.
Section 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.
Section 180-120: Arrangement of Commercial Uses. When a PUD includes commercial uses,
commercial buildings shall be planned as groups having common parking areas and common ingress and
egress points. Each commercial area shall be separated from abutting residential areas by appropriate
screens or fences. The design of commercial areas shall provide for the integrated and harmonious
design of buildings and for adequate and properly arranged facilities for internal traffic, circulation,
landscaping, and such other features and facilities as may be necessary to make the areas attractive and
efficient from the standpoint of adjacent non-commercial areas. Any area which is not to be immediately
improved or developed shall be landscaped or otherwise maintained in a neat and orderly manner as
specified by the City.
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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 plan, 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
3. The size of site and proposed uses of the land to be developed
together with an identification of off-site land use; and
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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.
Section 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
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
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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 plans for the development have been
approved by the City Council under the procedures provided in
following sections.
Section 180-170: PUD Agreement. The Zoning Administrator shall instruct the City Attorney to draw up
a PUD Agreement which stipulates the specific terms and conditions approved by the City Council and
accepted by the applicant. This agreement shall be signed by the Mayor of the City of Centerville,
Clerk/Administrator and the applicant within thirty (30) days of the City Council approval of the PUD
application and final plat. Where the PUD application and/or final plat is to be resubmitted or denied
approval, the City Council action shall be by written report setting forth the reasons for its actions.
Section 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 including the following:
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
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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
the Council for the particular PUD.
Section 180-200: Action On Final Application. Procedure for action by the Pianning 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
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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 ofthe 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
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.
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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,
modification, or alteration of any buildings shall be governed by the approved Final Development Plan.
Changes may be authorized only under the procedures provided below:
A. Minor extension, alterations or modifications of existing structures may be
authorized by the Planning and Zoning Commission if they are consistent with the
intent and purpose of the final plan and do not increase the cube of any building or
structure by more than ten (10) percent; and
B. Changes in the use of common open space or the replacement of any building
substantially destroyed which exceeds the intent and purposes of the Final
Development Plan may be authorized only by amendment to the final development.
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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
Ihich 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.
Division 185: Variances
Standards
The Planning Commission shall recommend a Variance and the Council shall order the issuance of such
ariance 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
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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
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
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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
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.
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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 all proceedings, including criminal proceedings in
furtherance of the action appealed from unless the Zoning Administrator certifies to
the Council that by reason of facts stated in the certificate a stay would, in his
opinion, cause imminent peril to life or property. In that case the proceedings shall
not be stayed otherwise than by a restraining order granted by a court of competent
jurisdiction. The Council shall at its next regular meeting after the filing of an Appeal
to it from a decision of the board set a date for hearing thereon, which shall be not
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,
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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 approval, 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 compliance with the standards of
approval, to protect the value of other property, and to achieve the goals and objectives of the
Comprehensive Plan.
Division 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
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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: Special 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.
Section 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
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
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City ofCenlerville Ord, #4
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.
SestisA 205019: RaapeAsilJility af City Clsrh. 18a~a I~H;lileliRf3 ~ef-j!'l1jta aRa B€lllsBt tRe fees as
oatsElisRsa ey re881~ti€JA af !tile City C6l:JASil.
,'\. 1\1aifltaiA flcrfflSABRt BAS Bt:lffSrlt f.8ssraa fJsF-taif-lif-l~ t8 tf;;Jis Omif'lBfl8S, iASIt:lsifl!!j Belt
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Page 67 of68
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4 Amended: 2/19/02
3 Amended: 9/4/01
2 Amended: 8/7/01
I Amended: 1/30/01
Effective 9/5100
City of Centerville Oed. #4
'iiolatiefl ef t~i8 OraiR8ASe, tt=\s City Cel:it=\€i1, iFl a€i6itiefl t6 stner remeaiss, may
iRstit~ta if} tl=l8 Raffle af Cef'ltep;iIIe €lA)' 8flf3fefJriate aetjsA Sf ~rB€lee€4iA~8 fa (3r~r/8I9t
rsstfsiA, serres! Sf abate st:lefil B(jilaiA~ stn:H~tl;Jre Sf laRB, Sf t6 fJfS':SFlt, iFl Sf aet3l;Jt
8~gA I9remi!36s, BAY 8et, 6€H''H;jt;let, 6t1siReSS er use ggRstih:1tiFlgj a 'Jielati€lFl.5
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, resulting from the review of proposed actions in the City. The City Council may
require full payment of fees and out of pocket expenses incurred in the review of proposed actions prior to
taking final action.
Division 215: Effective Date
The effective date of this Ordinance shall be after its passage and publication according to law.
Adopted by the Centerville City Council this 23rd, day of August, 2000.
Mayor Tim Swedberg
City Clerk
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 68 of 68
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TIME CERTIFICATE OF DEPOSIT
Financial Institution:
Mainstreet Bank, Centerville Office
7111 21st Ave N, PO 80x455, Centerville, MN 55038-0455
300007
SSNITIN: 41-1267014
Account Nama: CITY OF CENTERVILLE- CENTER HILLS W/S
Addra..: 1880 MAIN STREET, CENTERVILLE, MN 55038
Telephone Number: (651) 429-3232 Work Number:
8USlNE S TYP : Cor ora ion Num e of 81 natures Re
Account Number Issue Date Deposit Amount T arm
uired:
1
Maturity Date
June 5, 2003
March 5, 2002
$219,145_48
1 5 Months
Rate Information: This Account is an interest bearing account. The interest rate on the account is 3.30% with an annual percentage
yield of 3.34%. The interest rate and annual percentage yield will not change for the term of the account. The interest rate will be in
effect until June 5, 2003. Interest begins to accrue on the business day you deposit noncash items (for example, checks). Interest will
be compounded quarterly and will be credited to the account quarterly. Interest on your account will be credited by adding the interest to
the principal. The annual percentage yield assumes interest will remain on deposit until maturity. A withdrawal will reduce earnings.
Balance Information: We use the daily balance method to calculate the interest on the account. This method applies a daily periodic rate
to the principal in the account each day. We will use an interest accrual basis of 365 for each day in the year. You must maintain a
minimum balance of $1,000.00 in the account each day to obtain the disclosed annual percentage yield.
Limitations: You must deposit $1,000.00 to open this account. You may not make additional deposits into this account. Vou may not
make withdrawals from your account until the maturity date. '\
Time Atcount Information: Your account will mature on June 5, 2003. If you withdraw any of the pr'ncipal before the maturity date, we
may impose a penalty of six (6) months interest. This account will not renew automatically at me ri If you do not renew the account,
we will do the following with your deposit: .
Account Fees: The following fee applies to this account: Garnishment/Levy: $
The authorized Agent(s) signing below and on the attached Signature Card A that the Corporation's Account(sl will be
governed by the terms set forth in the Time Certificate of Deposj1; or e Deposit Agreement, the Rate and Fee
Schedule, the Funds Availability Policy Disclosure, and the Elecyoni nds T. ter reement and Disclosure, (if applicable', as
amended by the Financial Institution from time to time. ~h~ ;y:,thonz Agent() Iso ack owledge that they have received at least one
copy of these deposit account documents. J.; Y 1 tJf 1\1\,
:," _~_ __,""~'_~ ~ tI flY' ~f,."~~~" o"___,.""~."_
x x
RICHARD N TRAVIS, OFFICER at CITY OF CENTERVILLE
MARl E NELSON, OFFICER at CITY OF CENTERVfLLE
NON TRANSFERABLE - NON NEGOTIABLE
Member Signature and Title at Authorized Financial Institution Signer
FDIC
TIME DEPOSIT AGREEMENT - 15 MONTH SPECIAL CERTIFICATE OF DEPOSIT
INTRODUCTION. We appreciate your decision to open a time deposit account with us. This form (called this" Agreement") contains certain
terms of the account. By signing the Signature Card for this account, you agree that you have deposited the Deposit Amount with the
Financial Institution. You also agree to keep the money on deposit until the Maturity Date, and you agree to all of the terms in this
Agreement.
Defined Words. In this A~reement, the words "you", "your" and "yours" mean each and all of the Account Holders. The word
"Account" means this time depOSIt account. The words "we", "us" and "our" mean the Financjallnstitution.
Opening the Account. This Account is effective on the Issue Date and is valid on the data we receive credit for the items you deposit to
open the Account. Deposits of foreign money are changed to U.S. dollars on the date of deposit, and are shown as U.S. dollars on our
records. We may change the Agreement from time to time. If we choose, we don't have to collect any fee or charge or enforce the
agreement.
ISSUE DATE. If you open a time deposit account with us after 4:00 PM on a business day that we are open, we will consider that the
transaction was made at the opening of the next business day for issue date and eHective date purposes.
ACCOUNT OWNERSHIP. Based upon the type of account ownership that you have designated, the following terms and conditions apply.
INDIVIDUAL ACCOUNTS. An Individual Account is an account in the name of only one person. Only that person may write checks on the
Account or withdraw money. It does not matter who really owns the money in the Account.
MULTIPLE.PARTY ACCOUNTS. This section pertains to multiple party accounts:
Joint Account Ownership. An account with two or more Account Holders is a joint account. Joint Account Holders are treated as joint
tenants with right of survivorship, unless you state otherwise on the Signature Card.
Joint Tenants With Right of Survivorship. If your Account is a jOint account with right of survivorship, and one of the joint Account
Holders dies, that person's ownership interest will immediately pass to the other joint Account Holder(s),
Joint With No Right of Survivorship. If your Account is a joint account with no right of survivorship (Joint as Tenants in Common" and
one at the joint Account Holders dies, that person's ownership interest will pass to his or her estate.
Pa e 1 of 4
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.
OTHER ACCOUNT RULES. The following rules also apply to the Account.
Power of Attorney. A person signing a power of attorney is called a principal. A person who acts for the principal is called the agent.
We may refuse to comply with a power of attorney if we have a good reason. Also, we may require an affidavit by the agent stating that the
power of attorney form is a true copy and that, to the best of the agent's knowledge, the principal is alive and that the powers of the agent
have not been changed or cancelled.
Signatures. We may store the certificate information and signature in any reasonable form, including any digitized signature capture
process. If you use any facsimile signature device, you must give us a sample of the signature. You agree to be responsible for any liability
we may have that results from the use of any facsimile signature device, including attorneys' fees and legal expenses.
Surrender of Instrument. We may require you to endorse and give us this form when you withdraw or transfer money or close the
Account. If you lose this form, you will give us a signed affidavit or other form that we require. Also, you will protect us from liability.
Death of Account Holder. You will notify us immediately if any other Account Holder dies. We may hold money in the Account until we
receive all required forms and instructions.
Indemnity. If you ask us to follow instructions that we feel may expose us to any claim, liability or damages, we may refuse to follow
your instructions or we may require a bond or ather protection. For example, we may request your promise to defend us against exposure and
to pay all of our legal fees and costs for the defense.
Pledge. You will not pledge the Account unless we agree. You will not withdraw any money from the Account until all of your debts to
us that are secured by the Account are paid in full.
MISCELLANEOUS PROVISIONS. If you or your Account are involved in any legal action, your use of the Account may be limited. You agree
not to use the Account in any iIlegaJ activity. We may comply with any court order or other Jegal process that we receive. We will not be
liable to you if we do so. Our managers may listen to your telephone conversations with us to make sure that you are treated accurately,
courteously and fairly. If you ask us to follow instructions that we believe may expose us to claim, action, suit, expense, liability, or damages,
we may refuse to follow your instructions or may require a bond or other protection. An example of the kind of protection we may request
would be your promise to defend us against such exposure and to pay all of our legal fees and costs for the defense. Any action by us for
reimbursement from you for any costs or expenses may also be made against your estate, heirs and legal representatives, who shaff be liable
for any claims made against and expenses incurred by us. If a court finds that any provision of the Agreement is invalid or cannot be
enforced, the rest of the Agreement will not be affected. If allowed by law, the invalid or unenforceable provision will be automatically
changed so that it is enforceable or valid. If it cannot be made valid and enforceable, it will be automatically deleted from the Agreement. All
other provisions of the Agreement will remain valid and enforceable.
TIN/BACKUP WITHHOLDING Reporting TIN: 41.1267014
Important: Under penalties of perjury, I certify that the number shown above is the Corporation's correct taxpayer identification number, I am
a U.S. person (including a U.S. resident alien), and that (check appropriate box):
DD The Corporation is not subject to backup withholding, because the Corporation is exempt from backup withholding, or because the
Corporation has not been notified by the IRS that the Corporation is subject to backup withholding as a result of failure to report all
interest or dividends, or because the IRS has notified the Corporation that the Corporation is no longer subject to backup withholding.
o The Corporation is subject to baCkup withholding.
Signature of Authorized Individual: X
Date
SURRENDER OF TIME DEPOSIT
CD # 300007
This certificate is hereby surrendered.
Date:
Number of Signers Required: Anyone (1) of the Authorized Signersls) shown below.
ACCOUNT HOLDER:
CITY OF CENTERVILLE
By:
TIM SWEDBERG, MAYOR of CITY OF
CENTERVILLE
By:
RICHARD N TRAVIS, OFFICER of CITY OF
CENTERVILLE
By: TERESA
0 BENDER, Secretary of CITY OF
CENTERVILLE
By:
KIM8ERLAI A MOORE-SYKES, CITY
ADMINISTRATOR of CITY OF CENTERVILLE
By:
MARl E NELSON, OFFICER of CITY OF
CENTERVILLE
I
Pane 3 of 4
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.
J
TO: Honorable Mayor and Council Members
FROM: Staff
SUBJECT: Purchase of the Public Works Building in 2000
DATE: March 8, 2002
Council requested at its pervious meeting that staff report whether transferring of funds
from the Sewer, Water and Drain funds had occurred. Staff reviewed the 2001 joumal
entries for the account" riod 2000 and ascertained that the transferring of funds was
not completed at that time. Staff contacted Mr. Steve McDonald, ABDO, AB ,ICK
&. MeyerSto confirm same. Mr. McDonald stated that no transfer had been completed;
hQwever, there was some discussion to same. St!!ff questioned whether a journal entry
'should be preformed for the accounting period of 2001 if Council desir~. Mr.
McDonald stated that it would beullI'.R!"opriate. Mr. McDonald stated that the percentages
used for transferring of funds from the Sewer, Water and Drain funds for the accounting
period of2000 should be used for the purpose of calculating the amount.
Subsequent to discussing and researching same with Ms. Kim Moore-Sykes
(Administrator) and Mr. Paul PaIzer (public Works Director), the attached documentation
was located.
Staff requests that if it is the desire of Council to transfer funds from the above stated
accounts for. the purchase of the Public Works building, that they make a formal motion
to accomplish this.
tit
,,-
,,' ,""~reakout. - Public Works and Building Inspections
~~ JJuJget
l~',.,' "
'~e; Cook = $31,644
Paul pmer = $47,894
Tim Danielson = $36,400
Robert Westerlund = $36,400
Building Inspections
100% Ken
30% Paul
70% Paul + 100% Tim + 100% Robert's wages allocated to the following departments
Total Wage Allocation $106,326
C-reneral fnnd
/~ Public Works (General) 20%
(Building and equipment maintenance and repair)
Highways, Str:eets and Roads 8%
(pothole patching, striping, signage, curb and boulevard repair)
Long Term Maintenance
(crack fillinglsealcoating)
50/0
Street Cleaning
(Street sweeping, snow removal)
20%
Park Areas 12%
(recycling, park equipment maintenance and repair, mowing, flooding rinks, park snow remm'al)
Fu~d Accounts
Storm Drainage 50/0
(catch basin cleaning, mucking out ditches, creek/pond debris removal)
Water Utilities 15%
(an)1hing related to the water distribution system)
Sanitation (General) 15%
(an)1hing related to the sewer collection system)
. r 1999 2nd Draft Budget
(J 2 June 98
WAGES: Paul 49,400.00 Public Works 40%
Building Inspection 27%
3% over schedule 10% - /S
Water
Sanitary Sewer 14% ~ r{
Ken 32,693.00 Storm Sewer 5%
Recycle 1%
Developments 3%
Tim 31,200.00 Parks 18%
Snow Removal 20%
Streets 8%
Robert 31,200.00 Repairs! Supplies 9%
Community Action 5%
Developments 5%
$144,493.00 Safety/Training 2%
Inspection Revenue Projection
New Homes
Commercial
Other
70 @$1,750.00
4@ 6,000.00
Total
twJvler 5
\...)99&$ ~
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\;~\ e- 5 __ 3D' t:--:\;
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5'6 e. /'(;//0 -
(f~ b 9;)0 ;;..
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$122,500.00
24,000.00
12,000.00
$158,500.00
,
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Michelle Sylvander
6593 Albert Ct.
Lino Lakes, MN 55038
(651) 653-7393
March l, 2002
Kim Moore-Sykes
City Administrator
City of Centerville
1880 Main Street
Centerville, MN 55038
RE: 7073 Centerville Road
Dear Kim:
I am writing to you regarding the green duplex home located on the comer of Centerville
Road and Sorel Street. I know the property has been purchased by the city. If future
plans for the home are burning or demolishing, I would like the opportunity to remove
the basement windows from the home and the windows from the garage.
I grew up across the street from the home and it would mean a great deal to me. Thank
you for your time.
Sincerely,
" \
. c-.r\ \'
,.~\ 0.'-"-\\S.~G:;Z_"A;;~,,),-j-
Michelle Sylvander . j
, ..
.
OPERATIONS COMMITTEE MEETING
March 5,2002
10:30 A.M.
COMMISSION OFFICES
1630-101" AVENUE, NE
BLAINE, MINNESOTA
AGENDA
vt CALL TO ORDER
2. APPROVAL OF MEETING NOTES February 5,2002
3. MEDIA CENTER REPORT
3.1 PEG Fee Reconciliation
3.2 Equipment Update
4. OLD BUSINESS
5. NEW BUSINESS
6. ADJOURNMENT
The next regular meeting of the Operations Conunittee is scheduled for Tuesday, April2, 2002 at
10:30 A.M. at the Commission Offices, 1630 - 101" Avenue, NE, Blaine, Minnesota
-'.
NORTH METRO TELECOMMUNICATIONS COMMISSION
UNAPPROVED OPERATIONS COMMITTEE MEETING NOTES
Tuesday, February 5, 2002
CALL TO ORDER
The meeting began at 10:35 a.m.
MEMBERS PRESENT
R. Fraser, L. Waite-Smith, 1. Keinath, K. Moore-Sykes, D. Nivala, B. Nelson
MEMBERS ABSENT
M. Delmont
OTHERS PRESENT
H. Arnson, R. Haver,
APPROVAL OF MEETING NOTES
The meeting notes of JanullI)' 8, 2002 were approved by consensus.
MEDIA CENTER
. H. Arnson presented the Media Center 200 I Annual Report. Highlights included the
staff reorganization, the purchase of a new production truck, the weekly conununity news
program City Scope, and the development of new facility usage guidelines. Discussion
was had regarding the effects of the new guidelines on facility usage and program
production.
. It was reported that a draft franchise document would be reviewed at the FebrullI)' 61h,
2002 Executive Committee meeting. Members were invited to attend.
. Operations Committee binders were distributed and reviewed. They contained the Joint
Powers agreement, budgets, facility usage guidelines, the 2002 Goals report, contact
infonnation, and various infonnational pieces regarding the Media Center.
OLD BUSINESS
. There was no old business.
NEW BUSINESS
. There was no new business.
ADJOURNMENT
The meeting was adjourned at 11:00 a.m.
..
.
NORTH METRO MEDIA CENTER MEMO
TO: OPERATIONS COMMlTIEE/CABLE COMMISSION
FROM: HEIDI ARNSON
SUBJECT: PEG FEE AUDIT
DATE: 2/27/02
I have recendy received a PEG fee reconciliation report fmm-AT&T Broadband. According to
the report, we have been overpaid, across the last four years, by $48,515.74.
In checking the figures provided, I believe I have found two errors. First, it was my
understanding that AT&T Broadband could not, according to the MOU, subttact the cost of
Universal PEG service from the PEG fees, which it clearly has done in 1998. Removing this fee
would remove $4,424.32 from our apparent overpayment. Second, AT&T indicates the amount of
their 19984'" quarter payment to us was $105,599. An examination of our records shows that the
check was actually written for $95,700. This results in a subttaction of $9,999 from the
uoverpayment.:"
Short of discovering bookkeeping errors such as these, we have no way of knowing whether the
numbers provided by AT&T Broadband are accurate. The amount of money collected never
matches the reported number of basic subscribers. It is AT&T's contention that dle numbers never
will match, because they report the amount paid, and not everyone pays their bills. The discrepancies
sometimes seem a bit questionable.
Several other area administrators have received similar reports. We have contacted Garth
Ashpaugh to inquire about the cost and scope of performing a joint PEG fee audit. The discussion
is in the fact-gathering srages, and will be discussed in more detail at our administrator's meeting 011
March 8"'. Questions such as nnmber of years to be examined and the ability to identifY different
fra1lchise areas accounting will be addressed at that time. If a joint audit would meet our individual
needs, I highly recom mend participating.
I look forward to discussing this issue and any additional concerns or questions you tnight have
regarding the PEG fees, their payment, and the AT&T report which is attached to this memo.
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~umbers Comoarison
1999-2001 PEG Fees and Subscribers
1998
1999
2000
2001
Actual Prepaid Grant $375,468.00 $420,666.00 $459,004.50 $499,742.45
Reported Collected Amount $377 ,496.28 $403,075.30 $445,313.26 $486,555.19
PEG Fee $2.00 $2.00 $2.25 $2.30
Mathematical # Subs/Paid 188,748.14 201,537.65 197,917.00 211,545.73
Number of Basic Subs 190,914.00 204,511.00 211,190.00 209,903.00
Discreoancv in # of Subs 2,165.86 2,973.35 13,273.00 -1,642.73
NORTH METRO MEDIA CENTER MEMO
TO: OPERATIONS COMMITIEE/CABLE COMMISSION
FROM: HEIDI ARNSON
SUBJECT: 2002 EQUIPMENT PURCHASE UPDATE
DATE: 2/28/02
As a part of the 2002 budget process, a list of expected equipment purchases was
developed. We plan to implement this list slowly, across the entire year, in order to illow
Rick a more gradual installation schedule for the equipment.
The first piece of equipment we plan to acquire is a non-linear editing system for staff
use. We have looked at a variety of systems, both at other production facilities and at
equipment dealer demos, to determine what system would best meet our needs. Some of
the determining factors include system capabilities, reliability, whether it can be upgraded or
needs to be completely replaced when it either no longer functions or no longer meets our
needs, technical support, and cost. At this point in time, staff is recommending the purchase
~nof an Avid Express system. It is by far the most robust, proven, and dependable system we
examined. In addition, it was the only one that can be expanded or upgraded as our needs
demand. We are still waiting on the final quote, but it will be just under $20,000. The
system is also compatible with all of our current decks and cameras. 11us means we would
not have to purchase any new decks or cameras, or adaptor systems, in order to utilize the
system. This system will work with non-compressed digital video, ~1ighest quality you can
get), its rendering time is fast (very important when layering and doing effects) and it has a
proven history of reliability. (you don't want to be around when a system crashes in the
middle of one of T.].'s edits.) In my opinion, this system will be the most cost effective,
productive, and serve us longer than any of the others we have looked at. And we've looked
at a lot.
Once we have integrated dle non-linear editing system into the staff suite, we look to
purchase two SVHS decks for dle studio control room. The two 'j." decks that are currendy
in the studio control room are on life support. We have chosen dle SVHS format, because
the public uses this control room, and our public edit suite is also SVHS. For me time
being, SVHS is the standard f01mat for d,e public. For continuity's sake we plan to purchase
]VC decks, as dlat is d,e brand we currendy have, and we have been pleased willi their
performance. Later in the year, we will add a digital format deck to the studio control room
as well.
We have also scheduled dle first two weeks of May for Rick to completely rewire rlle
studio control room.
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