HomeMy WebLinkAbout2002-07-24 CC Packet
COUNCIL MEETING
I.
CALL TO ORDER
WEDNESDAY, JULY 24, 2002
6:30 P.M.
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II.
1. RoD Call
APPROVAL OF AGENDA
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III.
A W ARDSIPRESENTA nONS/APPEARANCES
1.
Mr. Howard Juni, 6068 Foxtail Drive, Lino Lakes-
Candidate for County Commissioner
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Ordinance #4 (Zoning & Land Use) - Awwc'R ,))c '(IN ^'1'IL<~'-'
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IV.
PUBLIC HEARINGS
1.
V.
COUNCIL BUSINESS
VI.
It: Proposed Massage Parlor Ordinance #70 (Kim) je" fn.J.<1<-
~ Proposed Tattooing, Body Piercing & Body Branding #71 (Kim) ~ '1,. ,)1-.
l3: _ Carl Buecbler Overweigbt Permit Request (Street Reconstructionf, ",'" l/utu/v;, It'ii"
Acorn Creek Park Trail (Update - Tom Peterson) ... 5-<>
~ Capital Funds Projects Inquiryllnvestigation - mal,,! (:~,;Je{"-, s<"",-ci~'3
\ft/ Spring Lake Park Lion's Request to Operate a Raffle at Laurie LaMotte
Park/Fete des Lacs & Submission ofMN Gambling Control Board Form . ,\:<:l
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'V:. Mr. Don Colberg, 7209 Clear Ridge -Request for Funding (St~mBed&~ '~J." .
/ Bank Stabilization Program) - /om ? ClVj fL'1',er""'.!. +. 'f<l-'1' A''''''/M'f (L.. Iv
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CONSENT AGENDA Cf lJ"o.ct"1f i-- /.,L)C..- t< s,.~"cf} C.~1-L".L<1<-V
City of Centerville July 11, 2002 through July 24, 2002 Claims I
Centennial Fire District July 8, 2002 Claims
Centennial Fire District July 17, 2002 Claims
Centennial Fire District Quarterly Claim
Successful Completion of Performance Review and Grade 3, Step 2 Pay
Increase to Grade 3, Step 3 (Account Clerk II)
Resolution #02-026 - St. Genevieve's TemporarylEvent (Chicken Dinner)
Resolution #02-027 - Centerville Lion's Temporary/Event (Fete des Lacs)
Resolution #02-028 - Centerville Lion's Temporary/Event (Softball
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APPROVAL OF COUNCIL MINUTES . >i1....I". '"
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Jnne 17, 2002 Special Council Meeting Minutes C~~.. It '. ~"'i'<-".-'
June 26, 2002 Council Meeting Minutes p ~ /f.:/lOQvO> -r -0 - \. ~
July 10,2002 Council Meeting Minutes CL~ / ~ tt ~
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7.
8.
VII.
1.
2.
3.
VIII. ANNOUNCEMENTSIUPDATES
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1. Administrator's Update ,.-
IX. ADJOURNMENT
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5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/01
2 Amended: 8mO 1
I Amended: 1130/01
Effective 9/5/00
City of Centerville Ord. #4
ORDINANCE # 4
TABLE OF CONTENTS
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
Section 015-010 Specific purposes. ...................................................... 2
Section 015-020: Defmitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2
Abandonment ................................................................ 2
Abutting .................................................................... 2
Accessory Building ............................................................ 2
Accessory Use. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2
Agriculture. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2
Alley....................................................................... 2
Alteration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3
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. . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4
Building, Principal.. . .. .. .. . . . . . . . . .. . .. . . . .. .. . . .. . . . . . . . . . .. . .. . .. .. .. .. .. ... 4
Certificate of Occupancy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4
City Councilor Council. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4
Clear Cutting .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4
Clinic . . .. .. .. .. .. . .. .. .. .. .. . .. . . .. . . . . . . . .. . . .. . .. .. . .. . . . . . . . .. . .. . . .. .... 4
Club . . . . .. . . .. . .. . . .. . .. . . .. . .. . .. . . .. . .. . .. . .. .. .. . . .. .. . . .. . .. .. . . . . .. .... 4
Cluster Housing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4
Commercial Use .............................................................. 4
Commission. . .. . . . . . .. . .. .. . . .. . . .. . . . . . . .. .. . .. .. .. .. . . .. . .. . . .. .. . . . .. .. ... 4
Comprehensive Plan ........................................................... 4
Conditional Use. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4
Conditional Use Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 5
Contractor's Yard ............................................................. 5
Coverage .................................................................... 5
Cul-de-sac ................................................................... 5
Deck. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . .' . .. 5
Density. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . .. 5
Development. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . .. . . . . . . . . . . . . . . . . . . . . . .. 5
District. .. .. .. .. . . . .. .. . . .. .. .. . . .. . . . . . .. .. .. .. .. . .. . . .. . .. .. .. .. . . . . .. .. ... 5
DistrictZoning ............................................................... 5
Drive-In Establishment ......................................................... 5
Dwelling .................................................................... 5
DweIling, Single-Family, Attached (gronp, row, and townhouses) ... . . . . . . . . . . . . . . . . . .. 5
Dwelling, Single-Family, Detached ............................................... 5
DweIling, Two-Family ......................................................... 5
DweIling, Multiple ............................................................ 6
Dwelling, Seasonal ............................................................ 6
DweIling Unit ................................................................ 6
Easement . . . . .. . . . . . .. . . . .. . . . .. . .. . . . . . .. .. . . . . .. .. .. . .. . . .. .. .. . .. .. .. .. ... 6
Essential Services ............................................................. 6
Family ...................................................................... 6
Facade ...................................................................... 6
Fence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 6
FloodPlain.................................................................. 6
Floodway . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 6
Floodway Fringe .............................................................. 6
Floor Area .. .. .. . . . . .. . .. .. . . .. . .. .. . .. .. .. . . .. .. .. . .. . . .. . .. . .. . .. . .. .. . .... 6
Floor Area Ratio .............................................................. 6
Freestanding Sign ............................................................. 7
Frontage .................................................................... 7
Garage, Private ............................................................... 7
Glare ....................................................................... 7
Grade. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 7
Height of Building . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 7
Home Occupation ............................................................. 7
Hotel ....................................................................... 7
Impervious Surface ............................................................ 7
Industrial Park ............................................................... 7
Clear cutting ................................................................. 7
Junk Yard ................................................................... 7
Kennel- Conunercial .. . . .. .. . . . . . .. .. . .. .. . . .. .. .. . .. . . . . . . .. .. .. . .. .. .. .. ... 8
Light Manufacturing ........................................................... 8
Lot ........................................................................ 8
Lot Area .................................................................... 8
Lot, Corner .................................................................. 8
LotCoverage ................................................................. 8
Lot Depth. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 8
Lot, Interior ..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 8
Lot Line ..................................................................... 8
Lot Line, Front ............................................................... 8
Lot Line, Rear ................................................................ 8
Lot Line, Side ................................................................ 8
Lot, Minimum Area Of .. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .. 8
L
Lot of Record ................................................................ 8
Lot, Substandard .............................................................. 9
Lot, Through . . . .. . . . . .. .. . .. . . .. . .. . . .. .. . . . .. . .. . . . . . .. .. .. . .. .. . .. . .. .. . ... 9
Lot, Width ... . .. .. . . . . .. . . .. . . .. . . .. . .. .. . . . . . . .. . . . . . .. .. .. . . .. . . . . . .. .. . ... 9
Manufactured Housing ......................................................... 9
Mineral Extraction ............................................................ 10
Motor Vehicle. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 10
Motor Fuel Station ........................................................... 10
Non-Conforming Structure or Use ............................................... 10
Nursing Home or Rest Home ................................................... 10
Occupancy Permit ............................................................ 10
Open Space. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .. 10
Ordained ................................................................... 10
Ordinary High Water Line (OHWL) . . . . . . . . . . . . . . . . _ . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 10
Performance Standard ........................................................ 10
Planned Unit Development .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 10
Plat ....................................................................... 10
Portable Sign ............................................................... 10
Principal Use or Principal Structure .............................................. II
Private Property .............................................................. II
Public Hearing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ . . . . . . . . . . . . . .. II
Public Property .............................................................. II
Recreational Use ............................................................. II
Recreational Vehicles .................................. _ . _ . . . . . . . . . . . . . . . . . . .. 11
Residential Facility ........................................................... II
Right-of-Way ............................................................... II
Semipublic Use .............................................................. II
Setback .................................................................... 11
Sewer System ...................................... _ . . . . . . . . . . . . . . . . . . . . . . .. II
Shore Impact Zone ........................................................... II
Sign....................................................................... 12
Significant Historic Site. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 12
Story ...................................................................... 12
Story-Half. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 12
Steep Slope ................................................................. 12
Street Access. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ . . . . . . . . . . . . . . . . . . . . . . . .. 12
Street Line. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 12
Structure ................................................................... 12
Structural Alteration .......................................................... 12
Subdivision ................................................................. 13
Supply Yard. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 13
Townhouse ................................................................. 13
Travel Trailers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 13
Use, Permitted .............................................................. 13
Usable Open Space ........................................................... 13
Variance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 13
Vehicle........................................". ."........................... 13
Vehicle Abandoned .......................................................... 14
Water-Oriented Accessory Structure or Facility .................................... 14
Wetland ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14
Yard. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14
Yard, Front ................................................................. 14
Yard, Front ................................................................. 14
Yard, Rear. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14
,,!....
Yard, Side .................................................................. 14
Zoning District. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . '" 15
Section 015-030: General Regulations. .................................................. 15
Division 20: ScoDe and Interpretation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . .. .. 15
Division 25: Lot Provisions .................................................................. 17
Division 30: Non-Conforming Uses and Structures. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 17
Division 35: Home Occupations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . .. 18
Division 40: Single-Family Dwelling Requirements ............................................... 19
Division 45: Temporary Dwellings and Structures................................................. 19
Division 50: Driveway and Parking Lot Improvements ..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 19
Division 55: Public Utilities Required .......................................................... 19
Division 60: Relocated Buildings or Structures ................................................... 20
Division 65: Accessory Structures and Uses ..................................................... 20
Division 70: Site Plan Review Required. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 21
Section 070-0 I 0: Submittal Requirements. ............................................... 21
Section 070-020: Review Requirements. ................................................ 22
Section 070-030: Exceptions. ......................................................... 22
Division 75: Final Grading and Landscaping .................................................... 22
Subd. I ........................................................................... 22
Subd. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 22
Division 80: Zoning DistrictslUse Regulations ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 22
Section 080-010: Zoning Map. ........................................................ 22
Section 080-020: Interpretation ofthe Zoning Map. ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 23
Section 080-030: Establishment of Districts. ............................................. 23
Section 080-040: Rural Residential (R-l). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 24
Purpose .................................................................... 24
Permitted Uses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 24
Special Requirements ......................................................... 24
Section 080-050: High Density, Single-Family, Residential (R-2A) ... . . . . . . . . . . . . . . . . . . . . . . . .. 24
Purpose .................................................................... 24
Permitted Uses and Structures .................................................. 25
Section 080-060: Single-Family, Residential (R-2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 25
Purpose ................................... _ _ _ _ _ . .. . . . . . . . . . . . . . . . . . . . . . . . .. 25
Pennitted Uses and Structures. . . . . . _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 25
Section 080-070: Single-Family, Manufactured Housing (R-4). ............................... 26
Purpose .................................................................... 26
Permitted Uses and Structures. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 26
Special Requirements ......................................................... 26
Purpose .................................................................... 27
Permitted Uses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 27
Section 080-090: Commercial District (B-1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 27
Pnrpose .................................................................... 27
General Minimum Requirements ................................................ 27
Setback .................................................................... 27
Building Height in Commercial Districts .......................................... 27
Off Street Parking ............................................................ 27
Buffer Zone Between Commercial and Residential Districts ........................... 28
Screening Requirements ....................................................... 28
Landscaping. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 28
S;l" PI..nSpecial Use Plan Review' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 29
Accessory Strucnrres . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 29
Exterior of Building . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 29
Permitted Encroachments ...................................................... 29
Exterior Merchandise
See Sect:".. Division #135-140.' ......................................... 29
LightingNuisance'
See Secti6ll #135-040.' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 29
Driveways .................................................................. 29
Special Use Permits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 30
Signs ...................................................................... 30
Refuse ..................................................................... 30
Permitted Uses....................... ........................................ 31
Section 080-100: Industrial District (I-I). ................................................ 32
Purpose .................................................................... 32
General Minimum Requirements ................................................ 32
Setback .................................................................... 32
Building height in Industrial Districts .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 32
Off Street Parking ............................................................ 32
Buffer Zone Between Industrial and Residential Districts ............................. 33
Screening Requirements ....................................................... 33
Landscaping. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 33
Site PlanSpecial Use Plan Review' ...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 34
Accessory Structures. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 34
Exterior of Building . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 34
Permitted Encroachments ...................................................... 34
ExteriorMerchandise ......................................................... 34
LightingNuisance' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 34
Driveways .................................................................. 35
Special Use Permits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 35
Signs ...................................................................... 35
Refuse ..................................................................... 35
Loading Facilities ............................................................ 36
Storage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 36
Permitted UseslUses Permitted on Special Use Permit' ............................... 36
Special Requirements ......................................................... 37
Section 080-110: PubliclInstitutionaIDistrict(P-I). ........................................ 37
Permitted Uses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 37
Section 080-120: Mixed Use District (M-I). .............................................. 37
Pnrpose .................................................................... 37
Permitted Uses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 37
Special requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 37
Division 85: Zero Lot Lines .................................................................. 38
"i~___ .
Division 90: Parking Requirements ............................................................ 38
Division 95: Commercial Exterior Building Materials. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 39
Division 100: Industrial Exterior Building Materials ............................................... 39
Division 105: Fences. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 40
Section 105-010: Snow-Stop Fencing. .................................................. 40
Section 105-020: Electric and Barbed Wire Fence. ........................................ 40
Section 105-030: Visual Obstructions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 40
Section 105-040: Swinuning Pool Fencing ............................................... 40
Division II 0: Sign Regulations ............................................................... 41
Section 110-010: General Provisions. ................................................... 41
Section II 0-020: Permitted Signs. ...................................................... 42
Section 110-030: Portable Signs. ...................................................... 42
Section 110-040: Comprehensive Sign Plan Required. ..................................... 43
Division 115: Height. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .. 44
Section 115-010: D..~ll;HoStructure's. .................................................. 44
Section 115-020: Excess Height on a Permit. ............................................. 44
Division 120: Yards. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 44
Section 120-010: GeneralRequirements. ................................................ 44
Section 120-020: Computing Front Yards. ............................................... 45
Section 120-030: Erection of More than One Principal Structure on Lot. ....................... 46
Division 125: Performance Standards. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 46
Division 130: On-Site Sewage Treatment Standards ............................................... 46
Division 135: Nuisance Standards ............................................................. 47
Section 135-010: Odors and Emissions. ................................................. 47
Section 135-020: Dust and Particulate. .................................................. 47
Section 135-030: Noise and Vibrations. ................................................. 47
Section 135-040: Glare. ............................................................. 47
Section 135-050: Waste. ............................................................. 47
Section 135-060: Smoke. ............................................................ 47
Section 135-070: Fumes or Gases. ..................................................... 47
Section 135-080: Fire Hazards. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 47
Section 135-090: Air Pollution. ....................................................... 48
Section 135-100: Radioactivity or Electrical Disturbance. ................................... 48
Section 135-110: Explosives. ......................................................... 48
Section 135-120: Burning. ........................................................... 48
Section 135-130: Bulk Storage. ....................................................... 48
Section 135-140: Outside Storage. ..................................................... 48
Residential Districts and Dwellings in the M-I Districts:' .................................... 48
Commercial/Industrial Districts: ........................................................ 49
Division 140: Surface Water Management. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 49
Division 145: Wetland Protection and Management ............................................... 50
Division 150: Woodland Preservation .......................................................... 51
Division 155: Erosion and Sedimentation Control . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 5]
Division 160: Landscaping. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 5]
Section ]60-010: Minimum Quantities. ................................................. 51
Section 160-020: Minimum Standards. .................................................. 52
Parking Requirements ................................................................ 53
Section 165-0 I 0: Change in Facilities. .................................................. 53
Section 165-020: Off-Street Parking and Loading Zones. ................................... 53
Section 165-030: Off-Street Loading. .................................................. 54
Section] 65-040: Fractional Space. ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 54
Section ]65-050: Uses Not Mentioned. ................................................. 54
Section 165-060: Spaces For Five or more Automobiles. ................................... 54
Section 165-070: Improvement and Maintenance. ......................................... 54
Section 165-080: Access. ............................................................ 54
Division] 70: Building Numbers .............................................................. 55
Section 170-010: Numbers Required. ................................................... 55
Section 170-020: Alternative Disp]ay. ...................... . . . . . . . . . . . . . . . . . . . . . . . . . . .. 55
Division 175: Sporting, Athletic, and Music Events. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 55
Division ]80: Planned Unit Developments (PUDs) .................. . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 55
Section] 80-0 I 0: Objectives. .......................................................... 55
Subd.l: .., .......... .................... ..... .... .... ...................... 55
Subd. 2: .................................................................... 56
Subd. 3: .................................................................... 56
Subd. 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 56
Subd. 5: .................................................................... 56
Section ]80-020: General Requirements. ................................................ 56
Subd. I: .................................................................... 56
Subd. 2: .................................................................... 56
Subd. 3: .................................................................... 56
Subd. 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 56
Subd. 5: .................................................................... 56
Subd. 6: .................................................................... 57
Subd. 7: .................................................................... 57
Subd. 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 57
Subd. 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 57
Subd. ] 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 57
Section 180-030: Uses Permitted. ...................................................... 57
Section 180-040: Relationship ofPUD Site to Adjacent Areas. ............................... 57
Section 180-050: Minimum Size. ...................................................... 57
Section] 80-060: Minimum Lot Size. ................................................... 57
Section 180-070: Setback and Side Yard Requirements. .................................... 58
Section ]80-080: Access to Public Right-of-Way. ......................................... 58
Section 180-090: Utility Requirements. ................................................. 58
Section 180.100: Open Space. ........................................................ 58
Section 180-] 10: Parking. ..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 58
Section ]80-]20: Artangement of Commercia] Uses. ...................................... 58
Section 180-]30: Arrangement of Industrial Uses. ......................................... 58
Section ]80-140: Procedure. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 59
Pre-Application Meeting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 59
Section 180-] 50: Application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 59
______.-<:,,1.:-_/
Section 180-160: Actions. ............................................................ 60
Subd. I By Commission. ...................................................... 60
Subd 2. By Council. ......................................................... 61
Section 180-170: PUDAgreement. .................................................... 61
Section 180-180: Final Review and Approval. ............................................ 61
Section 180-190: Documentation Required. .............................................. 61
Section 180-200: Action On Final Application. ........................................... 62
Criteria for Approval. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " . . .. .. .. 63
Non-Compliance ....... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 63
Final Approval. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 64
Section 180-2\0: Time Limit. ......................................................... 64
Section 180-220: Annual Review. " . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .. 64
Section 180-23-tO: Amendments. ..................................................... 64
Section 180-24~'O: Completion. ....................................................... 64
Section 180-254'0: Site Improvements. ................................................. 65
Section 180-265'0: Construction. ...................................................... 65
Section 180-2%'0: Maintenance of Common Open Space. .................................. 65
Section 180-2&7'0: Homeowners Association. ............................................ 65
Division 185: Variances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 66
Standards .......................................................................... 66
Section 185-010: Board of Appeals and Adjustments. ............................... 66
Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 66
Variances .................................................................. 66
Section 185-020: Variance Procedures ................................................... 66
Section 185-030: Variance Appeal Procedures. ............................................ 68
Division 190: Interim Uses .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 69
Section 190-010: Purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .. 69
Section 190-020: Application, Public Hearing, and Procedure. ............................... 69
Section 190-030: Termination. ......................................................... 69
Section 19()..040: Standards. .......................................................... 69
Section 190-050: Conditions. ......................................................... 69
Division 195: Amendments ................................................................... 70
Division 200: Special Use Permits ............................................................. 70
Section 200-0 \0: Procedure. .......................................................... 70
Section 200-020: Standards. .......................................................... 71
Section 200-030: Denial for Non-Compliance. ....... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 71
Section 200-040: Conditions. ......................................................... 71
Section 200-050: Expiration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 71
Section 200-060: Fees. ......................................................... . . . .. 71
Division 205: Enforcement and Violations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 71
Section 205-010: Responsibility of City Clerk. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .. 71
Section 205-020: Responsibility of tbe Building Inspector. .................................. 72
Division 210: Fees and Licensing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " . . .. 72
Division 215: Effective Date. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " . . . . . . . . . . . . . . . . . . . . . . . . . .. 72
._;...~~,~
5 Amended:
4 Amended: 2/19102
3 Amended: 9/4101
2 Amended: SnlOl
1 Amendedo 1130101
El!ective 915/00
City ofContemlle Old. #4
5T A TE OF MINNE50T A
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 reaulated seoaratelv bv City Ordinance.5
The City Council of the City of Centerville ordains as follows:
DIVISION 10: General Provisions
~ction 010-010: Title. This ordinance shall be known as Ordinance #4, City of Centerville Zoning
vrdinance 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.
ction 010-030: Jurisdiction. The geographic jurisdiction of this Ordinance includes the entire area
...thin the corporate limits of Centerville, Minnesota. land areas which may be added to the City by
annexation, merger or other means shall be classified R-1 Rural Residential until such time that the City
Council may rezone the added territory to more appropriate classification.
........:: 'PiI~r-:-":'~-.:',~t~'-;)~
I
5 Amended:
4 Amended: 2/19102
3 Amended: 9/410 I
2 Amended: SnlOl
1 Amended: 1130101
_09/5100
City ofCe-.ille 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 m~aning 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 located 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 .
-p}t{;-;;,:~~--.;i'-,-..'~
5 Amended:
4 Amended: 2119102
3 Amended: 9/4/01
2 Amended: 8nlOl
1 Amended: 1130/01
Effilctiv.9/5/oo
City ofCentervill. Ord #4
Alteration - Any change, addition, or modification, in construction or occupancy of an existing structure.
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.
rea 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 floor-to-
ceiling 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 Centervi/le.
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.
!i1ding Coverage - See Lot Coverage.
IihdldiRg W8il~t See W8ig~~.
,PHVr-,-~~ .yf;-i'~
3
L_ _
5 Amended;
4 Amended: 2119102
3 Amended; 9/410 1
2 Amended; sntm
1 Amended; 1130/01
Effi:ctive 9/5100
City ofCenterviUe Ord. #4
Building Line - The line, parallel to the street line, that passes through the point of the principal building
nearest the front lot line.
Building, Principal - See Principal liluilsliAsStructures.
Business Area - Any business activity, which renders service to other commercial or industrial
enterprises.
Certificate of OccuDancv - Issued bv the Suildine OfficialllnsDector of the City upon satifactorv
final insoection of dwelline unites} or commercial buildina(s}. 5
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 educatiol)al 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
--.P.Ri.-F'....~~rf~i;~
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/0 I
2 Amended: sn/OI
1 Amended: 1130/01
Effi:ctive 9/5/00
City ofCenteMlle Ord. #4
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.
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.
uensity - 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.
lJistFist .leniR! AR area af laRs fer '!Jt:lis~ tl:aeF8 are wnifem:l rsgwlatieR~ geveFRiRi tl:le wte af bwilGfiRgS
aRs FlFeFRisBs.5
Drive-In Establishment - An establishment which accommodates the patron's automobile from which the
occupants may receive a service or in which products purchased from the establishment may be
consumed or business conducted in the automobile.
Dwelling - A building or portion thereof that provides living facilities for one or more families.
Dwelling, Single-Family, Attached (group, row, and townhouses) - One (1) of two (2) or more
residential buildings having a common or a party wall separating dwelling units.
Dwelling, Single-Family, Detached - A residential building containing not more than one (1) dwelling
it 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.
--P9v,..,.--;. .f-:,'~
~
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4101
2 Amended: SnlOl
1 Amended: 1130/01
E1li:ctive 915100
City ofC-.ville Ord. #4
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.
Dwelling Unit - One (1) or more rooms physically arranged so as to create an independent
housekeeping establishment for occupancy by one (1) family with separate toilets and facilities for
cooking and sleeping.
Easement- The right of a person, government agency, or public utility company to use public or private
land owned by another for a specific purpose.
Essential Services - Public and private utilities required by the resident and working population.
Family - An individual, or two (2) or more persons related by blood, marriage or adoption, or a group of
not more than five (5) persons not so related, living together as a single housekeeping unit using
common COOking and kitchen facilities.
Facade - The exterior wall of a building exposed to a public view or that wall viewed by persons not
within the building.
Fence - Any artificially constructed barrier of any material or combination of materials erected to enclose
or screen areas of land.
Flood Plain - Flood plain or flood-prone area means any land area susceptible to being inundated by
water from any source.
Floodway - The channel of a river or other watercourse and the adjacent land areas that must be
reserved in order to discharge the 100-year flood without cumulatively increasing the water surface
elevation more than one foot at any point.
Floodway Fringe - All that land in a flood plain not lying within a delineated f1oodway. Land within a
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.
--j)H-Or..-, ..f-'.i-~
5 Amen<k:d:
4 Amended: 2/19/02
3 Amended: 9/4101
2 Amended: sn 10 1
1 Amended: 1130101
Effi:ctive 9/5100
City of Centen'ille Oed. #4
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.
Grade - The lowest point of elevation of the finished surface ofthe 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
areas.
Industrial Park - A planned, coordinated development of a tract of land with two or more separate
industrial buildings. Such development is planned, designed, constructed, and managed on an
integrated and coordinated basis with special attention given to on-site vehicular circulation, parking,
utility needs, building design and orientation, and open space.
aar Slitting TJ:;1s sSFRplet8 FeFR9\'al sf tress er &~rw~t iR a S8RtigW9W8 patsf:l, stFip I feiN, sr bleak.5
Junk Yard - Land or structures used for the storage or keeping of junk, including scrap metals, or for the
-PHlrr-:-::;--. rf"-,-'~
'7
5 Amended:
4 Amended: 2119/02
3 Amended: 9/4/01
2 Amended: 8n/OI
1 Amended: 1130/01
Effi:ctive 9/5/00
City ofCentervine Oed. #4
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
disturb 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
lines.
Lot, Comer - 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 ofthat 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
- PH'~~-~.-~t:::Cl-;~
5 Amended:
4 Amended: 2/19102
3 Amended: 9/4101
2 Amended: SnlOl
1 Amended: 1130/01
Effi:ctiv.9/5/oo
City ofCenterviU. Ord. #4
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 Y2) acres in area and
one hundred fifty (150) feet in width on January 1, 1966; and
D. Was a separate parcel of not less than five (5) acres in area and three
hundred (300) feet in width on July 1, 1980; and
E. Is a single parcel of commercial or industrial land of not less than five (5) acres
and having a width of not less then three hundred (300) feet and its conveyance
does not result in the division of the parcel into two or more lots or parcels, anyone
of which is less than five (5) acres in area or three hundred (300) feet in width; and
F. Is a single parcel of commercial or industrial land of not less than five acres and
having a width of not less then three hundred (300) feet and its conveyance does
not result in the division of the parcel into two or more lots or parcels, anyone of
which is less than five (5) acres in area or three hundred (300) feet in width; and
G. Is a single parcel of residential or agricultural land of not less then twenty (20) acres
and having a width of not less than five hundred (500) feet and its conveyance does
not result in the division of the parcel into two (2) or more lots or parcels, anyone of
which is less than twenty (20) acres in area or five hundred (500) feet in width.
Lot, Substandard - A lot or parcel of land that has less than the required minimum area or width, as
established by the zone in which it is located and provided that such lot or parcel was recorded as a
legally created lot on the effective date of the ordinance codified in this title.
Lot, Through - A lot having its front and rear yards each abutting on a street.
Lot, Width - The horizontal averaae5 distance between side lot lines, measured at the required front
- - tback 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
-P}iO:~':';~,. ~t:"'-.-~
'7
I
I
5 Amended:
4 Amended: 2119102
3 Amended: 914101
2 Amended: 8nlO I
I Amended: 1/30101
E_ 915100
City ofCen1l:rville Ord. #4
manufactured homes or mobile homes.
Mineral Extraction - The extraction of soil, sand, gravel, rock or other such material from the land.
Motor Vehicle - A self-propelled vehicle for personal or business use as defined in Minnesota Statutes
169.01.
Motor Fuel Station - An establishment where gasoline, diesel, kerosene, motor oil and lubricants are
sold or used in servicing motor vehicles and where usual motor vehicle repairs and services are
performed.
Non-Conforming Structure or Use - A structure or use lawfully in existence on the effective date of this
ordinance or any amendment thereto and not conforming to the regulations for the district in which it is
situated.
Nursing Home or Rest Home - A licensed establishment having accommodations for the continuous
care of two or more invalid, infirm, aged convalescent patients or disabled persons that are non-related.
Occupancy Permit - Permission received by the City to use/occupy a premises.
Open Space - Any unoccupied land space open to the sky.
Ordained - To order by virtue of established authority.
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.
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.
PSRalals iiSA '-RY sigR Ret peFR'l8R8Rtly 8~8sRes te tRe gFeIlRS sr stller pSrR'l8ReAt stlllstllFe, sr a sigR
~:P1=lUr.-;-;; .~~--, /~
5_:
4 Amended: 2/19102
3 Amended: 9/4101
2 Amended: snlO I
1 Amended: 1130/01
_.9/5/00
CIl)' ofCenterville Ord. #4
SeSiSReS te be t/'aRSpsFtllS, iRElI\:lsiRg, byt RSt limited te, sigAs dasiSRed ta bs traRspeFtee by RlSaRS sf
'.-msals; SigREi SGR",:9fteEl te A er T fFaA=l9S; ~eF1" aREf EaR~t&Jiel=l Beard sigRs; wFRbr:ellas blEes fer
advlll'tisiRS; aRd sigRs attaeltss ts Elr paiRted SR \'eltieles paRted aRs visible fl:9R1 tt:le pl:lblie FiSltt efwa>j,
\:IAless said wltiele is YSllS iR tt:le R9FRlal say ts day 9p9/'ati9Rs sf tt:le b\:lsiRess5.
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.
ecreational 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.
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,
Ipliances, or appurtenances used for conducting sewage or industrial waste or other wastes to a point
_. ultimate disposal.
Shore Impact Zone - Land located between the ordinary high water level of a public water and a line
--P~HJ"r.---;--;- .~1:.C;~
C(
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/01
2 Amended: SnlO 1
I Amended: 1/30/01
EfJ.ective 9/5/00
City ofCenterville Ord. #4
parallel to it at a set back of fifty percent (50%) of the structure setback.
Sign - P.RY Rams jtitsRtif.isatieR, display iIIwstFatiSR &tFwGt4:lre ar s9~JiBe '.\'RiGR is pYblisly aisplaye6t SAd
wllisll is !.IssEi ta direst attElRtiaR te a IHedl:lst, peF6SR, b!.lsiReS8, iFlstitLltisR sr plaee. See Ordinance #39.
Significant Historic Site - Any archaeological site, standing structure, or other property that meets the
criteria for eligibility to the National Register of Historic Places or is listed in the State Register of Historic
Sites, or is determined to be an unplanted cemetery that falls under the provisions of Minnesota Statutes,
Section 307.08. A historic site meets these criteria if it is presently listed on either register or if it is
determined to meet the qualifications for listing after review by the Minnesota State Archaeologist or the
Director of the Minnesota Historical Society. All unplatted cemeteries are automatically considered to
be significant historic sites.
Story - That portion of a building included between the surface of any floor and the surface of the next
floor above it, or if there is no floor above it, then the space between the floor and the ceiling next above
it.
Story-Half - That portion of a building under a gable, hip or gambrel roof the wall plates of which, on at
least two opposite exterior walls, are not more than two feet above the floor of such story.
Steep Slope - Land where agricultural activity or development is either not recommended or described
as poorly suited due to slope steepness and the site's soil characteristics, as mapped and described in
available county soil surveys or other technical reports, unless appropriate design and construction
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.
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.
-PHOr.-:-;~~: ...;..."-/~
5 Amended:
4 Amended: 2/19102
3 Amended: 91410 I
2 Amended: snlOl
1 Amended: 113010 1
Effective 9/5/00
City ofCenrerville Ord. #4
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.
upply Yard - A commercial establishment storing or offering for sale building supplies, steel supplies,
coal, heavy equipment, feed and grain, and similar goods. Supply yards do not include the wrecking,
salvaging, dismantling or storage of automobiles and similar vehicles.
Townhouse - Single-family, attached units in structures housing three or more continuous dwelling
units, sharing a common wall, each having separate and individual front and rear entrances; the
structures being as of a row house type as distinguished from multiple dwelling apartment buildings.
Travel Trailers - A mobile vehicle with wheels, designed for overnight living or camping purposes,
capable of being towed by a motor vehicle.
Use, Permitted - A use that is permitted in the district under which it is listed.
Usable Open Space - A ground area on a lot, which is graded, developed, landscaped or equipped or
intended and maintained for recreation or leisure, available to and useable by persons occupying a
dwelling unit and their guests.
Variance - The waiving by Board action of the literal provisions of the Zoning Ordinance in instances
where their strict enforcement would cause undue hardship because of circumstances unique to the
individual property under consideration.
lhicle - Any vehicle which is self-propelled or designed to be pushed or pulled and shall include, but
..ot be limited to, automobile, busses, motorbikes, motorcycles, motor scooters, trucks, tractors, go-carts,
golf carts, campers, trailers, boats, planes and gliders.
-P~Ur:- ;:-:; ....--:--,-.~
13
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/410 1
2 Amended: snlO 1
I Amended: 1130/01
Etrective 9/5100
City ofCentervil1e Or<!. #4
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
except 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.
YaFEl, ,"reAt P. yard 9xt9RaiRg asmSEl \Ilie fI:llI willtR af \1:19 fFeRt let 99w:e9R sille let IiRes aRE! sxteRlliRg
fl'GFR tl:19 aSl:lttiRg stmst Figl:1t of way IiRO te a deptl:1 mEll:lired iR tl:19 yaF9 F6!ill:llatieRs sf tile llimGt iR 'M:iisl:1
&W9R 19t is IOGatgg. OR a 99rRer let U19 street aaares& ar RSrre\\f9st stFget SimSRsisR af \As street sRsH
99 tl:19 wellt yaFEl.1
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.
--PRo-r.:':;,~.~.;~.)1
5 Amended:
4 Amended: 2/19J\l2
3 Amended: 9/410 1
2 Amended: SnlOl
1 Amended: 1/3010 1
Effi:ctive 9/5/00
City ofCenlerVille Or<!. #4
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.
. he word "shall" is used to mean mandatory, whereas the word "may" is permissive and does not imply
obligation.
The catch lines of the sections of this Ordinance are intended as mere catchwords to indicate the
content of the section, and shall not be deemed or taken to be titles of such sections, nor be deemed to
govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any
sections.
Division 20: Scope and Interpretation
A. Scope
No structure, or part, thereof, shall be erected, converted, enlarged, reconstructed,
altered or moved without a permit approved by the City. No structure or land shall
be used for any purpose or altered in any manner that is not in conformity with the
provisions of this Ordinance. Unless otherwise noted, no structure permitted under
this Ordinance may be inhabited or occupied without a Certificate of Occupancy
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
'~Pt'lo-.:-,. ;..:, .,,;~;.....i~
(:5
5 Amended:
4 Amended: 2119/02
3 Amended: 914/0 I
2 Amended: sn/OI
1 Amended: 1130101
Effi:ctiv.915100
City ofCenterviJle Ord. #4
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 ofthis 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 ofthe 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.
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
~-P$iu~~~7.-; ~'1~--'I1.
5 Amended:
4 Amended: 21191112
3 Amended: 9/4/01
2 Amended: Snl1l1
1 Amended: 1130/01
Elli:c1ive9/5100
City ofCenterviUe Ord. #4
violation thereof.
Division 25: Lot Provisions
Lots of Record
A. No lot of record shall be reduced in size below the district requirements in
iestisR ggg gig Table A5; and
B. An existing lot of record shall be deemed a buildable lot even though the lot area
and/or dimensions l;lre 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 sill: (i) twelve (12)5 months, further use of the structure or property
must conform to this Ordinance; and
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
~-P:::iO;:;~; "'~-::.'\~ :.- /~
t7
5 Amend","
4 Amended: 2/19/02
3 Amended: 9/4/01
2 Amended: 817 till
1 Amended: 1130/01
EJfuctive 9/5/00
City ofCenterville Ord. #4
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
E. 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. We Rlere tRSR SRe (1) siSR Rat 9xseeEliRg w:e (2) GEll:lare feet YJitR a FAaximwm
Ileigl:lt ef tAree (:i) filet illeRti~iR!j tAe ElElsllpatieR sl:lalllle ..sell See Ordinance
#395. 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
-P~Or-: ,,-~~. .1~-:'f':l
5 Amended:
4 Amended: 2119102
3 Amended: 914101
2 Amended: SnlOl
I Amended: 1130/01
E_.9/5100
City ofCenterville Ord. #4
property shall not be permitted.
Division 40: Sinale-Familv Dwellina Reauirements
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 newlv constructed5 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 Dwellinas 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, Inlt are sl:IBjest te tile MiRReseta lState il:lilEliRll CeEle5.
i)h{iai8A 10: DFive-:Ja-/llAsI P3FkiASI L.et ItMBFe...~8FR8Rts
}\II reqwireEl iAgF9&SlegF9&& peiRt&, ElriVinftiys aR~ paFkiRg areas 8Rall S8 paveEl ~vitR atp~alt, G9Rsrete,
paV9F&, Gst;olestsR9 Sf siR=lilarmaterial aSSeFQiRg te RliRiAn..l~ City spesifisati8Rt, 9>EGlwsiRg R 1 Dism&t6.
CFive'.vays FRay Ret exs9ss a ~:.:eAty feyr (14) feet '::islA at tRe stF88tliRe.5
vision 55: Public Utilities Reauired
All residential, commercial, industrial, public, institutional or other uses, which include plumbing facilities,
-P;lUr:~;~"';' .~~'.:/:;
!1
5 Amenrled:
4 Amended: 2119102
3 Amended: 91410 I
2 Amended: SnlOl
I Amended: 1130101
Effective 9/5/00
City ofCentervme Ord. #4
shall be connected to the public sewer and water system when available. See Ordinance #'s 30 & 4S.5
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 with approval in accordance with Ordinance #85. 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. No accessory structure may be constructed on a parcel without a principal
structure. Accessory structures must have a minimum of a five (S) 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. AR alllle66llPJ Bl:lilEliRg, I:IRIllEi6 atta6ReEl tll eRG made a pelt llf tRll maiR
BwilaiRg, shall Rei Be steser \ABR fi.:9 (5) fG9t t9 'ERe FABiR BuilaiRg, 9KSSpt as e~eF\a1ise Jlr9\'i6l8~ iR tRis
6eGtillR. An accessory buildinQ. unless attached to and made a part of the main buildinQ. shall not be
closer than six (6) feet to the main buildina. except as otherwise provided in this section. 1 The side walls
of an accessory building may not exceed ten (10) feet in height. The total area of an attached accessory
buildinQ (aaraQe) shall be no areater than 1S00 square feet per level. SwimminQ pools mavexceed the
size requirements for accessory structures. but thev can not exceed fifty (SO) percent of the rear yard
aFea.2
Commercial uses (as defined bv Ordinance #4) in the M-1 District will follow the Commercial auidelines
--Piior.-':=/:;; .~1'-."-ii
5 Amended:
4 Amended: 2/] 9102
3 Amended: 9/4101
2 Amended: SnlOl
1 Amended: 1130/01
E_e 9/5100
City ofCenterville On! #4
for percentaae of areen space. For all other properties in the M-1 District. the maximum accessory
structure allowed is 704 sauare feet and 440 sauare feet in the R-4 District. neither ,**5 to exceed the
size of the principal structure if an attached aaraae does not exist. If an attached aaraae exists. the
maximum accessory structure allowed is two (2) percent of the lot size or a R'liRiR'lYFR maximumS of 200
sauare feets.
Division 70: Site Plan Review Reauired
For all land use applications or permit applications etAsr tllaR SiRgls faR'lily ResissRtial RSW OORlltFl:lStiSR
9YileiRg psrmits5, a site plan review is required bv the Zonina Administrator or their desianee. Said
review shall take place thirty (301 davs prior to the desired Plannina and Zonina meetina. Forexample, 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 Mav. the application and site Dlan need to be presented to the
Zonina Administrator or his/her desianee the first week in foprils.
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 ~roperty lines includina front
minimum and maximum prinCipal structure setbacks; and
D. Scaled locations of all existing and proposed utilities and easements; and
E. Scaled depictions of floor plans for each story; and
F. Scaled depictions of each building elevation and descriptions of exterior building
materials and color schemes; and
G. Scaled site grading plans, inCluding erosion and sedimentation control mechanisms
and procedures; and
J. 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
-P~V~7;-::~:.."~''--,~
:u
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/01
2 Amended: 8n1Ol
1 Amended: 1/3010 1
E_e 9/5/00
City nfCenterville Ord. #4
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
certifications when appropriate or required.
Section 070-020: Review Requirements. For actions that will require GElmmittee City5 review,
applicants shall submit sixteen (16) sets of site plans with a required application form and appropriate
fees to the City Clerk for distribution. Site plans will be evaluated for consistency with documentation
requirements. Upon acceptance of the application, site plans will be distributed to the appropriate City
entity for review and recommendation.
Action to approve, modify or deny site plan applications will be based upon consistency of the
application with the City's Comprehensive Plan, Zoning Ordinance, other policies and official controls
and the compatibility of the proposed action with existing area land uses, existing area investments and
neighborhood character, capacity of public streets and utilities and future planned land uses.
Section 070-030: Exceptions. The City may waive certain submittal requirements for residential
variance applications, when it is determined that submittal requirements are not applicable or are not
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 Grading and Landscapina
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 durin!:!
inclement weather an escrow shall be deposited with the City as approved in
the fee scheduleS; 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: Zoning Districts/Use Regulations
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
-p~op.:~::i,-~.I.-- c\},"-;,i
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/01
2 Am<ll1ded: 8mO!
1 Amended: 1130/0 1
E_e 915100
City ofCenterville Ord. #4
responsibility of the City Clerk to maintain and keep the map up to date and to record each amendment
thereto within thirty (30) days after official pUblication of the ordinance adopting the amendment.
Section 080-020: Interpretation of the Zoning Map. Where due to the scale, lack of detail or
illegibility of the Zoning Map attached hereto, there is an uncertainty, contradiction or conflict as to the
intended location of any zoning district boundary as shown thereon, the Zoning Administrator shall make
an interpretation of the map upon the request of any person. Any person aggrieved by any such
interpretation may appeal such interpretation to the Board of Appeals and Adjustments. The Board of
Appeals and Adjustments, in interpreting the Zoning Map or deciding any appeal, shall apply to the
following standards:
A. Zoning district boundary lines are intended to follow lot lines, or be parallel or
perpendicular thereto, or along the centerlines of streets, rights-of-way or
watercourses, unless such boundary lines are fixed by dimensions shown on the
Zoning Map; and
B. Where zoning district boundary lines are so indicated thatthey 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 Public/Institutional District
M-1 Mixed Use
-p~o~ 7, Iyj"--/l
2-.3
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/0 I
2 Amended: smol
I Amended: 1130/01
Effi:ctive 9/5/00
City ofCenterville Ord. #4
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.
Permitted Uses
A. Single-family, detached, dwellings at a density not exceeding one (1) home per ten
(10) acres; and
B. Residential accessory uses and home occupations; and
C. Crop production and vegetable gardening; and
D. Produce stands for products raised on the premises; and
E. Tree nurseries and sod farms; and
F. Horses, livestock and fowl, not exceeding a density of one (1) horse or livestock
animal per acre or three (3) fowl per acre.
Special Requirements
Agricultural uses are permitted in the R-1 District subject to the following requirements:
A. Feed lots, runs, pens and similar intensively used facilities for animal raising and
care shall not be located within three hundred (300) feet of a neighboring property;
and
B. Accessory farm buildings shall not be erected within one hundred (100) feet of a
neighboring property.
Section 080-050: High Density, Single-Family, Residential (R-2A).
Purpose
It is intended that the R-2A District provide for higher density single family detached, attached and
multiple dwelling opportunities in areas where public utilities are available and required for service. The
design and circulation of new residential areas are also intended to be complimentary with and enhance
the community's small town atmosphere.
.--:PRo-r:7':;'."1-;-:i'~
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/0 1
2 Amended: Hmo 1
[ Amended: 1130/0 1
Effective 9/5100
City ofCenterville Ord. #4
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.
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.
~J.r~o-t""': 7-~;-."'.~"--t~
;26
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/0 1
2 Amended: sn/Ol
1 Amended: 1130/01
Effi:ctive 9/5/00
City ofCenterville Ord. #4
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.
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 or enlarge a manufactured housing development within the limits of the City of Centerville without
first obtaining Site Plan approval from the City Council upon receipt of the recommendation of the
Planning and Zoning Commission. Approval shall be granted only upon compliance with all the
following: 1.) Compliance with all other terms of this Ordinance #4, Centerville Zoning Ordinance; 2.)
Compliance with all the terms of Ordinance #8, Centerville Subdivision Ordinance; 3.) The proposed
development must be located in the City's urban service area as shown in the Comprehensive
Development Plan, and must be served by public utilities as approved by the City of Centerville.
-PJ:tO~::"'/_n- t'iY-J~
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4101
2 Amended: snlOl
I Amended: 113010 I
E_915100
City ofCenterville Ord. #4
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.
F. Home occupations
Section 080-090: Commercial District (B-1).
Purpose
It is intended that the B-1 District provide opportunities for retail and service business uses which require
larger development sites, highway visibility or highway access.
General Minimum Reauirements
The followina minimum reauirements. as set forth. shall applv to all buildinas that mav be erected.
converted or structurallv altered in Commercial Districts.
Setback
See Table A - Schedule of District Reaulations Lot and Yard Reauirements.
Buildina Heiaht in Commercial Districts
As orovided in Division #115 of this ordinance.
Off Street Parkina
i orovided in Division #90 of this ordinance.
In addition to Division #90:
---l.lJ:Jur.-;:,- .....~'_.)1
d-1
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/01
2 Amended: 8nlOl
1 Amended: 1/30/01
Effective 915100
City ofCentervI1le Ord. #4
A. Space for a sinqle vehicle shall be nine (9) feet by eiQhteen (18) feet or laraer.
B. Off street parkina area shall be surfaced with asphalt or concrete. and with
permanent concrete curbs to define driveways and parkina limits. Plans and
specifications for parkina 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 reauires a hearina
before the Plannina and ZoninQ Committee and the City Council.
C. There shall not be off street parkina within five (5) feet from any street riQht 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 parkina. off street 10adinQ. or storaae. and shall be
landscaped. The landscape treatment shall include a compact screen wall or fence. but shall not extend
within fifteen (15) feet ofthe street right-of-way. The plantinQ or fence desian must be approved by the
site plan review process. The site plan review process reauires a hearinQ before the PlanninQ and
Zonina Committee and the City Council. Per Division #70.
Screenina Reauirements
If the City Council reauires 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 screenina plans with the Zonina Administrator.
B. The screenina. plantina or construction. or both shall be complete within one year
from the date of the build in a permit. subiect to extension by the City Council.
C. The screenina shall be maintained after completion.
Landscapina
A minimum often (10) percent of any lot shall be areen space. Three (3) percent of the surface area of
the land within a parkinQ 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.
Green areas within abuttina street riaht-of-ways will also be maintained by the property owner. See
Division #160 for other reauirements.
P~Ot':~;_^"i1"- /~
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4101
2 Amended: 8nlOI
I Amendoo: 113010 1
E_ve 9/5/00
City ofCenterville Ord. #4
Site PlaASpecial Use Plan Revie~
iila SlaR& fer all t;is.JeleSFR9Rts f88WiFiRS a GElasial WS9 BQfR=lit FRl:Ist ee swsmittsel Brier is tl=le isswaRee sf
bwilEliRs seFR'lits. !\t least tAB felle'IRRS iRfeFfRatieR sAallllB sybmittell fer review:Site plans for all uses
reauirina a special use permit must be submitted for review prior to the issuance of the buildina permit. 5
A. Site development plan.
B. Buildina plans. includina buildina elevations. indicatina mass. buildina materials.
and color of all exterior surfaces. includina all materials proposed to meet the
screenina reauirements of this ordinance.
C. Landscape plans. includina the number. species. and size of all plantinas.
D. Gradina. drainaae. parkina areas. items to be stored. and utility plans.
Accessory Structures
araaes. accessory structures. screen walls. buildinas. and exposed areas of retainina walls shall be of
similar type. auality. and appearance as the principal structure.
Exterior of Buildina
All buildinas shall be finished on all sides with permanent finished materials of consistent auality. oer
Division #95. and Ordinance #44-A.
Permitted Encroachments
The followina shall not be considered as encroachments on setbacks subiect to other conditions within
this ordinance:
Off street oarkina spaces. flues. belt course. leaders. sills. pilaster. lintels. cornices. eaves. autters.
awninas. ooen terraces. service station oumo islands. open canooies. steos. chimneys. flaa poles.
ornamental features. ooen fire escapes. sidewalks. and fences. exceot as hereinafter amended.
Exterior Merchandise
See SeetieA Division #135-140.5
L.i~I:I~AANuisance5
See SestisA #135-040.5
iveways
A.
No driveway shall be located within one hundred (100) feet of any riaht-of-way
line of a street intersection. Said distances shall be measured alona the
orooerlY line from the corner riaht-of-way and County line.
L___.
. -p}10~-:/~-.~fc--/~
.9-0
5 Amended:
4 Amended, 2/19/02
3 Amended, 9/4/0 1
2 Amended, snto 1
I Amended, 1130/01
Effi:ctive 9/5/00
City ofCerrterville Ord. #4
B. Access drive onto county roads shall reauire a review by the City Enaineer.
This review shall be measured alona the property line from the corner riaht-of-
way and County line.
Special Use Permits
As provided in Diyision #200 of this ordinance.
Criteria for issuance of Special Use Permit. When reyiewina an application for a Special Use Permit the
Plannina and Zonina Commission and City Council shall considered the followina criteria:
A. Impact on traffic.
B. Impact on parks, streets, and other public facilities.
C. Compatibility of the site plan, internal traffic circulation, landscapina and structures
with contiauous properties.
D. Impact of the use on the market value of contiauous properties.
E. Impact on aeneral public health. safety. and welfare.
F. Compatibility with the City's Comprehensive Plan.
Siems
As provided in Ordinance #39.
Refuse
A.
All premises shall be provided with, at owners expense. an adeauate number of
approved containers to hold the aarbaae accumulated by 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 easily corrodible and
eauipped with suitable handles and tiaht fittina covers and shall be kept covered
when there is aarbaae 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 way to unreasonably interfere
with the use or enioyment of adioinina property.
C.
All aarbaae containers shall be screened with a suitable enclosure.
-P~at"':--~;~..~tc.."/':l
5 Amended:
4 Amended: 2/19/02
3 Amended: 914/Q I
2 Amended: 8n/Q I
I Amended: II30/QI
Effuctive 9/5/Q0
City afCenterville Ord. #4
D. Everv aarbaoe or rubbish container shall be maintained in as sanitarv condition as
is possible and shall be thorouohly 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 writino. the provider
or user of the container of the deficiency and shalf reauire the repair or replacement
of the container within fifteen (15) days. All container enclosures shall also be kept
in aood repair.5
Pennitted 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.
K. Personal and professional business offices.
L. Public buildings.
M. Barber/Beauty salons.
N. Commercial schools'.
O. Hospitals and clinics.
P. Nursing homes.
V~U.-: -~.;-.~;-i~
3(
5 Amended:
4 Amended: 2/19/Q2
3 Amended: 9/4/Q I
2 Amended: 8n/QI
I Amended: 1130/01
E_.915/00
City ofCentervill. Or<!. #4
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 followina minimum requirements. as set forth herein. shall apply to all buildinqs that may be erected.
converted or structurally altered in Industrial Districts.
Setback
See Table A - Schedule of District Reaulations 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.
Buildino heioht in Industrial Districts
As provided in Division #115 of this ordinance.
Off Snet PaFkiAiI
.^s srS\.ia9E1 iR Dill.'iai9R 1190 eftRis gf{;jiRaRse.5
In addition to Division #90:
A. Space for a sinqle vehicle shall be nine (9) feet by eighteen (18) feet or laraer.
B. Off street parkinG areas shall be surfaced with asphalt or concrete. and with
permanent concrete curbs to define drivewavs and parkinq limits. Plans and
specifications for parkina areas shall be reviewed bv the City Enqineer. and
approved by the City Council prior to construction.
C. All open street parkinG areas havina more than six (6) parkina spaces shall be
effectively screened by a wall. fence of acceptable desiGn, or compact hedae alona
< ~PAO-r-:~"':;/-..~~(..1.1l
5 Amended:
4 Amended: 2119/02
3 Amended: 9/4101
2 Amended; smo 1
1 Amended: 1130/01
Effective 9/5/00
City ofCenterviUe 000. #4
all sides which adioin or are directly across the street from the property in a
residential zone or institutional use. Such wall. fence or hedae shall be maintained
in aood condition. Plans for fencina shall be approved by the City Council. The
fence shall not be used for advertisina purposes.
D. Parkina constructed to fall within the minimum setbacks. See Table A.
E. Off street parkina areas shall be so araded and drained as to dispose of all surface
water. Drainaae plans shall be subiect to approval of the City Enaineer.
F. Also see 58stieR Division #165.6
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. Parkina of vehicles will be permitted within (40) feet of the side yard line. All side
yard areas not utilized for parkina shall be landscaped with screenina provided alona the side lot line to
within (15) feet of any public right-of-waY.
i:>creenina Reauirements
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 screenina plans with the Zonina Administrator.
B. The screenina. plantina or construction. or both shall be complete within one
year from the date of buildina permit. subiect to extension by the City
Council.
C. The screenina shall be maintained after completion.
D. A dollar amount of one and one-half times the estimated cost of plantina and
construction of the screenina. shall be filed with the City in the form ofacash
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 often (101 percent of any lot shall be areen space. Three (3) percent of the surface area of
the land within a parkina area shall be landscaped with arass and shrubbery or other approved around
ver. Landscaped areas will continue to be maintained by the property owner on a continuous basis.
reen areas within abuttinastreet riaht-of-ways will also be maintained by the property owner. Also see
Section #160.
L
-PH:o-r-:~~-;~; ."'i..'..)l
.33
5 Amended:
4 Amended: 2/19102
3 Amended: 9/4/01
2 Amended; snlO 1
1 Amended: 113010 1
Effuctiv.915100
City ofCenterville Ord. #4
Site PlaASpecial Use Plan Review'
gits slaRsfsr all EleveJssmsRts r:eQy;r:e sS8eiall/ss sSFIl'Iits sRer ts tAS isswaRss sf bwilEliRQ SSFIl'Iits.
.Ai Isast tAe fellewiRQ iRfarRlatiElR sl1all BEl sylilRlitteEl fer FElvisvlSite olans for all uses reauirina a
soecial use oermit must be submitted for review prior to the issuance of the buildina oermit.:
A. Site develooment olan.
B. Buildina plans. includina buildina elevations. indicatina mass. buildina materials.
and color of all exterior surfaces. includina all materials orooosed to meet the
screenina reauirements of this ordinance.
C. Landscaoe olans. includina the number. soecies. and size of all olantinas.
D. Gradina. drainaae. parkinQ areas. items to be stored. and utility plans.
E. See Division #2006.
Accessory Structures
GaraQes. accessory structures. screen walls and exposed areas of retainina walls shall be of similar
tyoe. Quality. and appearance as the principal structure. Accessory structures shall complY with all of
Section #080-100.
Exterior of Buildina
All buildinas shall be finished on all sides with permanent finished materials of consistent Quality.. oer
Division #100. and Amendment #44-A.
Permitted Encroachments
The followinQ shall not be considered as encroachments on setbacks subiect to other conditions within
this ordinance:
Off street oarkina soaces. flues. belt course. leaders. sills. pilaster. lintels. cornices. eaves. autters.
awninas. open terraces. service station pumo islands. open canooies. steps. chimneys. f1aQ poles.
ornamental features. ooen fire escapes. sidewalks. and fences. except as hereinafter amended.
Exterior Merchandise
See SestioA Division6 #135-140.
LiglltiAgNuisance$
See SestioA Division6#135-040.
---p~(}~ -,';:-,~,i :e/l
Driveways
A.
B.
5 Amended;
4 Amended: 2/19102
3 Amended: 9/410 I
2 Amended; SntOl
1 Amended; 113010 I
Effi:ctive 9/5100
city ofCenterville Ord. #4
No driveway shall be located within one hundred (100) feet of anv ri!:!ht of-way line
of a street intersection. Said distances shall be measured alona the property line
from the corner riaht-of-way line.
Access drive onto county roads shall reauire a review bv the City Enaineer.
Special Use Pennits
As provided in Division #200 of this ordinance.
Criteria for issuance of Special Use Permit. When reviewin!:! an application for a Special Use Permit the
Plannin!:! and Zonina Commission and City Council shall considered the followina criteria:
Impact on traffic.
Impact on parks. streets. and other public facilities.
C. Compatibility of the site plan. internal traffic circulation. landscapina and structures
with conti!:!uous properties.
D. Impact of the use on the market value of contiauous properties.
E. Impact on aeneral public health. safety, and welfare.
F. Compatibility with the City's Comprehensive Plan.
Sians
As provided in Ordinance #39.
Refuse
A.
B.
All premises shall be provided with. at owners expense, an adeauate number of
approved containers to hold the aarba!:!e 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 tiaht fittina covers and shall be kept covered
when there is aarbaae stored therein.
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 way to unreasonablv interfere
with the use or eniovment of adioinin!:! property.
---lJ~o-t":~._~; -.~1c-11
ss
S Amended:
4 Amended: 2/19/02
3 Amended: 9/4/01
2 Amended: 8mO 1
1 Amended: 1/30/01
Effilctive 9/5/00
City ofCenteMlle Ord. #4
C. All aarbaae containers shall be screened with a suitable enclosure.
D. Every aarbaae or rubbish container shall be maintained in as sanitary condition as
is possible and shall be thorouahly 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 writina. the provider
or user of the container of the deficiency and shall reauire the repair or replacement
ofthe container within fifteen (15) days. All container enclosures shall also be kept
in aood repair.
Loading Facilities
Load;na facilities shall be on the side of rear yards. When adiacent to and/or visible from any public
street. such facilities must be adeauately screened.
Storage
For the purpose of this zonina 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 storaae. Further. outside parked trucks and semi-trailers used in the normal business commerce
will not be construGted5 to be outdoor storaae;
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 construeted5 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-Storaae (Special Use Permit Reauired).2
- -PHU...-.:.,;~~;-.-1:'~~/~
H. Kennels (Special Use Permit Reauired)5
5 A=nded:
4 Amended: 2119/02
3 Amended: 9/4/0 I
2 Amended: SnlO 1
I Amended: 1/30/0 1
Effective 9/5/00
City ofCenterville Oni #4
Sp8sial R8'1wiFeA18Rt;&
The sterage sf SWppliS8, pfsdwGts, vel:lisles, 8Efl:lipA=l9At Sf etl=ler materials sl:lall BS kept iRdeeF6 WRists
t8tally 6ere8R8E1 freFl'l pYlillie Fillf.:lts sf 'Nay aREI aEljae8Rt pFSp8fti8S. AElylt 8Fi8Rtateet BY6iR8sses are
FellYlateet separately lily City OFEliRaRElS5.
Section 080-110: Publicllnstitutional 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-i).
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.
--P:lO:r-:,~,-;:;;-;;'.-11
31
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/01
2 Amended: SnlOl
1 Amended: 1/30/01
E_.9/5/00
City ofCentervill. Ord. #4
Special requirements
It is the intent of these provisions to allow for flexibility of land uses and exceptions to traditional
dimensional standards, when other conditions and special requirements are met. These provisions are
not meant to allow unrestricted leapfrogging of land uses or disregard for compatibility of land uses.
Greater flexibility in zoning regulations often leads to more subjectivity in land use interpretations. In
making zoning decisions about land use compatibility and dimensional criteria for uses and structures,
the City shall have broad discretion to protect the public health, safety and welfare; and to protect the
residential integrity of the Mixed Use District and surrounding residential neighborhoods.
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.
DiYision 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.
Dj'.-ision 90: P-aFking ReQlliFement&
TRe felhna:iRg taBle iIIystFate8 t~e R=liRi~YR=l Rwmber sf paFkiRg tpaS8S re~wiFeg faf ~JaFi9W~ W&9E p9Fmi1ted
iR t~e City. Tl:le City FRay m9~ify miRimwm parking rSElWireFR9Rts iR tRB M 1 DistFist, as paR sf tf:le gite
PieR ft.ppre.fal pressss, if it is Eleter:miRso tf:lat tt-le YES is S9RtiEteRt '.vitl=l tt'l8 pwrps88 sf il:l9 EJistrist 8RGI
street paFkiRg is Sl:IniSiSRt is asssR=lFRselate tRB weB.
Uses
Minimu", Par:kiA& RSGllfiF8s1
- p~'op.- ~~"I) i"..;-l~
5 Amended;
4 Amended: 2/19102
3 Amended; 9/4/0 1
2 Amended; snlOl
1 Amended; 1130/01
E_ 9/5/00
City ofCentervilIe Ord. #4
P.9siGieRtial.......... ............ ...... ow..... 2J".:JeIliRg wRit
Cllwrslles ..................................... 1!3 seats iR largest asseA'lBly
~slleels........................................ 1.(slassFeeFllplws 1/3 seats iR laFiest asseFllBly
TlleateF6 ...................................... 1fJ seate
RestallFBRts ................................. 1!3 seats
Offiees ......................................... 811 \Ogg ,~war8 fest grasE fleer spate
Retail........................................... 8./1 ,gOg sElwaFe feet gress Reer aFea
CeA':eAieRselSt9Fes .................... 1.'1 ,ggg sqware feet gress fleer area
GeRer:e1 iewiees......................... 4./1,909 sElware feet gFeSS fleer ar:ea
Tra6le 8I:1siResses........................ 3.'1,909 SElware feet gFess fleer ar:ea
MaRl:lfaswRRg.............................. 3/1,999 sEll:laFS feet gFess fleer area
Otller IRawetFial............................ 3.'1 ,gOO sElware feet gFSsS fleer aFa
Car t".'Q8R8&...u............................ ii,<6taskiRg raer Bay
Qri'J9 Up RestaI:lFaRte.................. a StaskiRg pl\:ls 1f3 seateS
Division 95: Commercial Exterior Building Materials
xcept; as otherwise regulated herein, the exterior wall surfaces of all new or expanded commercial
uuildings 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 Building Materials
dustrial 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.
. :.---P~Or..:::;~;.;';~,-ll
3Cf
L _ _
5 Amended:
4 Amended: 2119/02
3 Amended: 914/0 1
2 Amended: sn/O 1
1 Amended: 1130101
E_e 915100
City ofCenterville ani #4
Division 105: Fences
A. All fences shall be located entirely upon the property ofthe fence owner unless the
owner of the adjoining property agrees, in writing, that said fence may be erected
on the property line of the respective properties. Such an agreement shall be
submitted at the time of building permit application. If the adjoining property owner
does not agree to the erection of such fence, the fence shall be set back a.minimum
of two (2) feet from all lot lines. No fence other than a decorative fence may be
constructed along the side lot lines of a residential lot between the street and the
front extension of the dwelling house. As used herein, the term "decorative fence"
means a wood vertical post and wood horizontal rail fence with no more than three
(3) rails or a wood picket type fence with at least two (2) inches of open space
between each picket.
B. No residential fence may exceed six (6) feet in height and no decorative fence in
the front yard may exceed thirty-six (36) inches in height. Fencing in
commercial/industrial zoning shall not exceed eight (8) feet in height.
C. All fences shall be constructed and maintained in a substantial, workmanlike
manner and of material reasonably suited for the purpose for which the fence is
proposed to be used. Every fence shall be constructed so that the side containing
the framing supports and cross pieces face the interior of the fence owner's lot.
Any fence which does not comply with the provisions of this Section or which
endangers the public safety, health or welfare shall be considered a public
nuisance.
Section 105-010: Snow-Stop Fencing. Snow-stop fencing may be used from November 1 to April 1.
No permit shall be required for temporary fencing.
Section 105-020: Electric and Barbed Wire Fence. Electric fences, hog wire fencing, barbed wire
fencing, and similarfencing 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.
P::lO~""",'iI"i'--I~
5 Amen<led:
4 Amended: 2/19/02
3 Amended: 9/4/01
2 Amen<Ied: 8nrOl
1 Amen<Ied: 1130/01
E_.9/5/oo
City ofCenterville Ont. #4
Division 110: Sian Reaulations
See Ordinance #39.
fi8StisR 110 010: GeReral Pr8.:icis~A8.
^
. ..
gigRs ~r9 pF9Rioit89 'fl.'itRiR tl:l9 pwblis Figl:lt 9f 'e~'>aY Sf easemSRE 9xsept tt:lat tho Cit"
~~~~S:~ Il'la.y gFaRt a ~pesial Use PeFll'lit te Issate SigRs aRa lIellsFatisRS SA ~r
..11 IPJ 9 Flgt:lt sf ~:!ay fer a spesified time.
El.
I71athiR8 sigRs, metieR sigRs Sf tiFJIilar devises GRail Ja9 prsRibites iR all aisuists
Sll6Spt appFGVea tFaffis sigRallle\<iGes. '
c.
:~~:\:~t~'~:ii;:~e:A:lilg::V:r: E~~~:~:~g~t :~Il~~:~rists sllsept ResiaeRtial. All
g.
iwtiR9S8 .Si~Ag GRail Ret tie paiRted, attasRss, Sf iR aRY FR9AASr affixes is tRies
~e~~s sr s~mllar Ra~I:IFaI sllr:fases. ~Js SigRS sf aRY type sAall Ile paiRteElllirsstly s~
Q 9 Fee Sf ti;1s sl€ie& sf a ~l:lilsiRg.
I!!.
;~g;S .!.~l:IiSI:lI iRtsr:fsre .'.VitA. tA9 allili~' of vSAisls sperate FE er psllsstriaRs te see
II s tgRa s, . er W~I~A Ill'lpslls tAs 'JisieR ef tFaffis Ily vehisls epeFateFG er
pe S& naRS ars pr9AI!altell.
F.
'AI II .
. . a SI:~S Il'lIlEt !ae .ll'le~Atell te tAe '!fall iR a plaRe parallel tEl tAe '.\'all aRlI Rst
perpsR Isylar sr prGjslltlRg ffell'l tAs .....all.
G.
~igR~ EAall RSt prejest alls'/s tAs reefliAe sf aRY stfYstl:lrs '''itASllt tRS iSSllaRse f
psslallJs9 PSFR'lit. .. S a
H.
~J9 .~.iBR ERal! pl:tys!sally etastFwst ClRY Y:iRds.fJ, fiFe 86S9fJ8 sr 9fJ9RiR iRt9REle
pFe ,Ills SRtr:, sr eXit ts aRY stF~StYFe sr BllilEliRg sr pYlllis 'flay. gilts
I.
^II .
.. 8!~R& SRa E~gR strnetblr9& 81:1all ge fJFefJerly ~aiRtaiR89 iA a eafe ereBFI.
sSRlIl~ISR at all t.":Res. iRllllllliRg tAS fsplallem8Rt sf lIsfesti':s paFts Illsa~iR ~
:tRh~r ~ems FeElI:IIF9E1 fer tAS maiRtsRaRlls sf ths SigR. VfJgstatisR are'I:IRlI iR W:R~~
s:a:~ Il~ aRRs" ~~~~FRsa~ tAe Ilase sf grsllR6I SigRS fer a lIistaRss sf t8~ (19) fest
. a ~ nFR~e SAa free 9f \,\1)SdE, SRa RS Fyst:Jisl:l er Eteb' ~A 'au I
SSRstltllte a fiFe Elr RsaltA Aaiarll sAall Ils peflllittsEll:lR1I9r sr Rear tR~S Sig:. ..sl:lll
Ne SiSRS may be plases SR wtilitr pelet iA tl:le se~FRwRity.
J.
:....-p~::IP-r:,,~:;h~:c;./l
~l
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/01
2 Amended: sn /01
1 Amended: 1130101
Effuctive 9/5/00
City ofCent:erville Ord #4
K. Tl:lere may be Ae FReFe tl:laF! eRe ieleAtisal siflF!liler let iF! a FesiEleRtially zeReel aFea.
SsslieR 110 020: PSFlRiUeel SigRS.
A. CaFRpaiSR SiSAS pElsteEl by BeRa fiEle saAEliElates fer pelitisal Elmse Elr by a pSFEieR er
SFeIlI'l I'lreFRetiRfl a I'lelitisal isslle fer a saRElisate may lie plaseEl iR aAY Elistrist
sllgjest te lRe reltlliFeFReF!ts Elf tAe sistrist. CaFRpaiflR siflAS may be pestes fer a
perieo Ret t9 9)(8880 &iuty (fig) Elayg BREI st:lall S9 r9FR9Vea ~:litRiA se'18R ElaYE:
f911t~'NiR8 tl:19 Elate af tl:le sleetieR. Only aRe sigR per saREiitlate VJiII Be aIl9':.'90 per
MH,.
i. TeR=lperary oaRRsrs SREI p9RA9RtS emplsyeel f.er gFSReI epeRiRg af iwsiR9SS
establisRmeRts, epeeist eveRts SRd l:IeliGlays tRail S9 F8~ev9d ~xithiA feWRS8R (14)
days after swsl:l SA epeAiRB, eveRt sr t:leliElay. iaRR8FS Sf p9RRaRB; \vl:lisl=l BFa SR
iRteflFall'lart sf tile ElesiiR sr aFSllitestwre ef a 1l1:liJeliRfj BFe pSm:li&teel.
C. ORe teFRpSrBFy iEleRtifieatieR siiR, settiRg feRI=I tf;:le Rame af tl:le prsjest, sFSl:litest,
9RgiReeFS, e9RtraGt9FS, plaARBFS sREi fiRaRsiRg ag9RSiet, FRay Be iAstalle8 at a
SElAstrllstiElA site iA aRY Glislrist fer tile l'lerieEl ef seRstrwstitlR. Tf:le siflR area Elf a
teFFlpemry iEleRtifisatieR SigA tRail Rst 8lEG990 t~iFtr 'A"18 (~i) s~waF8 feet.
D. IR aRY eligtrist, eRe te~p9F3PJ' real estate sigR FRay lae ereeted fer tl:l9 pWFpSS8 sf
as':eFtisiRg tl::l9 lease Sf sale sf fJF9PSRy ..peR \.vt:liSR it is plessel. ORly eRe eW8R
siiRsllall tile llermitteEl per stFeet fFeRtafle. Sllsll siiR sl:lall be Feme'Jeel ...!itlliA
&9\'9R (7) gays fslIs'.viRg lease sr sale.
IE. OpeR 1=19W89 Sf etR9f teFRpeFar;y sigRS tf..1at are plasss BR€I remSV9a SA tRe same
~
TAe A=laxiFRwR=I ti:Z9 af ewsR SigRt fer 8481:1 aistriGt is as felletrts:
Resis8Atial Oistrists Ii ................................................. TeR (19) slifwaFe feet
.I\9Fisl:tlt~m aRa PI:IBlisllRttitl:ttieFlal Cistrists i............. T":}9Rb,,' fi'J9 (25) sEtl:lam feet
Cem~erGiaJ.1IRBwstFial DistFists i................................. Tl:liFty tv.~ (82) sqwsre feet
Se6lisR 110030: PeFtable SigR&. PeRellle siflRS are pl'9t.lilliteEl iR FElsiEleAtial Elistrists. PsFlellle siflRS
iR all sttler Distrists aFe allel...~eI"::itR ~9FA=tit as speeifisally QwtR9Fi2SS 8819\~:. PaRasle sigRs wseef fer tl:le
pllFjiless af EliFestiRi tl:le I'll.lolis ':lilllle peFRIitteEl sl:lgjest te tile felle...liRfl sSRElitisRS:
A. SaiEl SigR is seiRsieleRtal te sr wsss iR S9AjWRGtiEU~ ',:itA a pwt:Jlie NAstieR; aReI
i. iaiEf sign is wsea f.9r a speeial BwsiRess pr9FJ18tiSR sr s.:eRt; SR9
~~-p;:lo~~;::;-.'\i'-"l~
L
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/0 1
2 Amended: Sn/Ol
I Amended: 1130/0 1 .
Eirective 915/00
City ofCenterville Ont. #4
~ peFieEl ef yse fer sysl:l a SigR sl:lall Ret exseea f9YReeR (14) G9RSeslolti'/e Elays;
Q.
g. "J9 I3wsiR98& may have R=t9Fe tJ;;)aA six (9) epesi41 pmR-letieRS Sf e'.~F1t& ~er year; aAa
Ii. PeFtal;le SigRE may Rst 9}(S9S61 eigl:lty (iQ) SEt ware feet.
~llGtieA 110040: CeA'lpNRlIA&ivlI SigA PleA RlI wiNEI ^ ..
t1FR~ lIf PlallRiRg aREllelliAg CeFRFRissisll rSHiEl''';' . o. 0 CSFRpFelleRsl';~ ~II~ PlaR is rElElYir:ea at the
~alalillaR sRall iRElisate tRe IElllatisR si2e ~ei"l:l~ aRr Iilr~Iil:~eEl CSFRFReFSlaler IRElystfial ElevelepFReRt.
aREI sRall /;Ie sy/;lFRitteEl fer appFe'o<a1 ~YFSY~Rt t: t~ese sr, ,If tlRg arlll erl.eRtatieR ef all prelil9ses SigRS
regbl a leAS sf tR9 City 9f CSRterdlls.
A. TAB fells'::iAS SlgRI a .~ 61
QistFistG: . Fe lleFFRI e iR tile ResiEleRtial aREI Py/;Ilis!IRstitloltieRal
Pw~/iG. IR&titwtieAal, aAEI ReGNatieAal SigAs' ORe'
/;I II f /;I EI . SIIR er
w. e I~ ~ar. per. Etmet wBRtage fer east:. p9FfRittes WE .
sa lEI ElIStFISt,. pFe':IEles saiEl silR sllall Ret 81lsees filt' ~Ii~
s.ElYar:e feet Ill. ar:ea aRa sllall /;Ie plaseEl llYtsiEle ef tile 'str:eet
~18~t ef \~JaY 'NltR tRe 8}EG9ptisR 8f tAe senter
1&laRGt 2ReJ ~Rall Ret 8}(Seea tv.~I'.:9 (12) feet in Rsi!JRt; aRg
.\F88 IsfsRtitieati8R iigA: ORe (1) SiSR Rat tEl 9X&8S9 tit"QRt"
~Yr. (2~) sElyare feet. iR aFea fer easll plaRReEl Fesi~'eRti~1
(itl&trlst .SRtFaR8S, pF9\.rEles sai€4 eigR is Rat plass" U-Jitl:liR SR .
street Fllllt Elf '!Jay aREI sees Rllt elfEleeEl teR (1Q) feet iA lIeigRi.
Tl:te fellS-NiRg sigRs are pSFfRitteel iR tl:ls C9FRR=lSFSial SRa IFlsl:IttFial Distrist€:
:iI.
i.
2.
~...
1.
Na~8 Plate SigAS: ORe (1) sigR Rst t9 exsees w.'9 (2) EEll:Iare
feet fR area fer easf;) SiRgle F'aFRily aetaSRes aU"SIliRiI e .
fa) s J' ".. r SIX
. ~waF~ .99t IR. a~a fer e8stl Mwltipls fSFRily aRS
Pyshs.IRstltJ:jtIElRal SJ:jIIElIRI. laais RaFRelllate sRall . aO t
ElRly RaFRe aREI aElElress.; aREI IR Isa e
2.
1.
IA'all SiaAS' lA, II .
-- ;2. _.a &ISR8 are permittee SR saaR fiJwblis &treet
S)(p98Wre er pwslie paFkiAg 8)EP9EWF9 pre\"ises Gaia si AS 9
sess Rat EUlGe8S teR p8fS8Rt (1 g~~) af saiel v:all area; a~g B
~Ne SltaAEli~8 SigAS: ORe (1) free staREliRI SigR per stFeet
F9Rtage pF8VIEleo, J:.1s"N9'lsr, saiEl sigR seel: Rat EJKS98& eighty
-P:.fU~--';:-;'::1:"-J1
t-f?>
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/01
2 Amended: sn/OI
I Amended: 1130/01
Effective 9/5/00
City ofCenterville Ord. #4
(2Q) 8EfWar=efeet.iR ar=ea :aAEI ~:JSRty (29) feet iR Rsigl=lt; aRg
3. ~_F8a Isl8Rtifisati9A SilAS: ORe (1) area i~8RtifiGatieA SiSR is
llerFRitteB Iler str:eet freRtage per sSFRAl9rsial sr iRlIl:Istrial
gS\'SlepmeRt previugs, I;;IQ\VQver, saiEl SigR ;IeeE: Rat 8XGged
si~' fGwr (i4) S~Y~Fe feet iR ar92 aA€t ~.~Rv,,' (20) fest iR
lteiSllt, aRB is RSt plaseEl',vitl:liR teR (1 Q) feet ef aRY str:eet Figllt
sf '.\~y. 5
Division 115: Heiaht
Section 115-010: g'JJ8I1iAsStructure6s. No ElwelliRS structures5 or other building may be erected to a
height exceeding thirty-five (35) feet without the issuance of a Special Use Permit.
Section 115-020: Excess Height on a Permit. Upon the securing of a Special Use Permit any building
may be erected to a height exceeding that specified for the respective district providing:
A. The front, rear and side yards shall be increased one (1) footfor 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. boats 'Nl:lisl:l aBl:lt SR mere t~aR eRe (1) stFBst GRail pre':iss tt:le re'tuireo H:eRt yams
aleRS easl:l street. Rear yare setSaskG sllall RElt lie r:eElllireB SR SSFRer lets siRse
~P~o~-:~;.~'1'"~11
5 Amended:
4 Amended: 2/19102
3 Amended: 9/410 I
2 Amended: snlO 1
I Amended: 1130/01
EfIl:ctive 9/5100
City DfCentervIlle Ord. #4
6ioe yarei 6etllasks alllily; aRei
B. Lots which abut on more than one (1) street shall provide the reauired front vards
alona each street for the principal structure. Side vard setbacks for an accessory
structure will applv to the frontaae that is nof considered to '** be the reauired front
vard: and1
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 shalf be:
1. Off-street parking spaces and access drives for non-
residential uses - Twenty (20) feet; and
2. Churches, schools and public or semi-public structures -
Forty (40) feet; and
3. Recreation facilities, entertainment facilities, all business
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
~P~Or-:.-';'-:rr.";-...;-1'"
1+6
5 Amended:
4 Amended: 2119/02
3 Amended: 914/0 I
2 Amended: mlOI
I Amended: 1130/0 I
Effi:ctive 915100
City ofCenterville 0nI. #4
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 (21/2) and ten (10) feet above the centerline grades of
the intersecting streets in tt:le area trianales bounded by the street of the lot and a
line joining points along the street lines fifty (50) feet from the point of the
intersection.
Section 120-030: Erection of More than One Principal Structure on Lot. In any district, more than
one structure housing a conforming principal use may be erected on a single lot if yard and other
requirements of this ordinance are met for each structure as though it were on an individual lot.
Required on-site parking space shall be provided on the same lot as the principal building or use, except
that combined or joint parking facilities may be provided for two (2) or more buildings or uses in
commercial districts and in industrial districts, provided that the total number of spaces is not less than
the sum of the requirements for each building or use. The proposed joint parking space shall be within
four hundred (400) feet of the entrance of the use it will serve. A properly drawn legal instrument,
approved by the City, executed by the parties concerned, for joint use of the off-street parking facilities
shall be filed with the County Recorder's office.
Division 125: Performance Standards
Every use permitted by this ordinance shall be so established and maintained as to comply with the
provisions of this section. The Council may require the owner or operator of a use permitted by this
ordinance to provide such tests or investigations by an independent testing organization satisfactory to
the Council as are necessary to show compliance with these standards. The cost of such investigation
and tests shall be shared equally by the owner or operator and the City unless the results disclose non-
compliance with these standards; in that event, the entire cost shall be borne by the owner or operator.
This provision does not preclude the City from making any investigations and tests it finds appropriate to
determine compliance with these standards.
Division 130: On-5ite Sewaae 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.
-P~oP4n-ilr.11
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/01
2 Amended: 8n/O 1
1 Amended: 1/30/01
Effi:otive 9/5/00
City ofCenlerville Ord. #4
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.
'ction 135-050: Waste. All waste generated from any use shall be managed in compliance with and
regulated by Minnesota Pollution Control Agency Rules. Waste generated on any premises shall be
kept in containers designed for waste collection and stored in a structure or within an approved enclosed
or screened area. The accumulation, storage, processing or disposal of waste, compost or recyclable
materials on any premises, which is not generated on that premises, is prohibited, except as specifically
provided in this Ordinance.
Section 135-060: Smoke. Smoke shall be measured at the point of emission by using the Ringelman
Smoke Chart published by the United States Bureau of Mines in Circular No. 7718. Smoke not darker or
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
gases before the issuance of a Building Permit.
Section 135-080: Fire Hazards. Any activity involving the use or storage of flammable or explosive
materials shall be protected by adequate fire-fighting and fire prevention equipment and by such safety
-Pao;:;:'-':;-)'--h\'--1~
tf,
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/01
2 Amended: smol
1 Amended: 1130101
E_ve 9/5/00
City ofCentervi1le Ord. #4
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.
Recreational fires must be actively attended by a responsible adult. When the fire is abandoned it must
be completely extinguished.
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 Dwellinas in the M-1 Districts:s
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
--P~o~~~~-~.;';'~ll
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4101
2 Amended: 8nlOl
1 Amended: 1130/01
Effilctive 9/5/00
City ofCenterville Ord. #4
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.
F. Lakeshore properties can store the followina items of personal property within 50' of
the shoreline durina the months from September to Mav: docks. boat lifts. swim
rafts. slides. and other swimmina eauipment.5
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
appropriateness for storage permitted in this Section, surfacing required for the storage area and the
screening required. The Site Plan Review process requires a hearina before the Plannina and Zonina
Committee and the City 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 Manaaement
orm 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 Quality in Urban
'-~P~d~'.:..;~-:h-~"11
'-fCJ
5 Amended:
4 Amended; 2/19/02
3 Amended; 9/4/01
2 Amended; 8ntO 1
1 Amended; 1/30/01
Effi:ctive 9/5/00
City ofCentervilIe Ord. #4
Areas". These standard shall be applied to the review of any proposed development occurring to reduce
non-point source pollutant loadings in storm water runoff.
Existing natural drainageways, natural water storage or retention areas, and vegetated soil surfaces
should be used to the greatest extent possible to store, filter and retain storm water runoff before
discharge occurs into any public waters. When natural features and vegetation are not available to
handle storm water runoff, constructed facilities such as diversions, settling basins, skimming devices,
dikes, and manmade waterways and ponds may be used. Preference shall be given to designs using
surface drainage, vegetation, and infiltration rather than buried pipes and manmade materials and
facilities. Development should be planned and conducted in a manner that will minimize the extent of
disturbed areas, runoff velocities, erosion potential, and reduce and delay runoff volumes.
Division 145: Wetland Protection and Manaaement
In accordance with the Wetlands Conservation Act of 1991, the fOllowing regulations shall apply to
wetland areas:
A. 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
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.
--P:UJP'--':;II'I)J-'-I~
5 Amended:
4 Amended: 2/1 9102
3 Amended: 9/410 I
2 Amended: 8/710 I
1 Amended: 1/30101
Effective 9/5100
City ofCenterville Qrd. #4
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
idiment 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: Landscapina
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 Overstory Trees Foundation Plantings.
R-1 2 trees/unit/street frontaae 1 None
R-2, 4 & 5 2 trees/unit/ooen soace exoosure2 None
R-2A 8 trees olus 2 trees/unie None
B-1 8 trees or 1/3000 sq. ft. site area5 1/10 ft. building & parking
area
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
--"P~Or;-'; ;h','-"'li
51
5 Amended:
4 Amended: 2119/02
3 Amended: 9/4101
2 Amended: snlOl
I Amended: \13010 I
Effi:ctive9/5/00
City ofCenterville Oni, #4
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. averstorv 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 Plantinas: 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. averstorv 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
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.
-~P::Hj-~:"~/; f~1~1':l
1__
S Amended:
4 Amended: 2/19/1)2
3 Amended: 9/4/1)1
2 Amended: sn/l) I
1 Amended: 1130/01
Effilctivo>91Sroo
City ofCentervi1le Oed. #4
G. Warranty: All required landscape materials shall be warranted for growth. far a
minimum of two (2) years after planting.
Division 165: Parking ReauirementsfOff-Street Parking
Parking Reauirements
The followina table illustrates the minimum number of parkina spaces required for various uses
permitted in the City. The City may modify minimum parkinQ 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 puroose of the
district and street parkina is sufficient to accommodate the use5.
Uses
Minimum Parkina Required
ResidentiaL................................ 2/dwelling unit
Churches .....................................1/3 seats in largest assembly
Schools........................................ 1/c1assroom plus 1/3 seats in largest assembly
Theaters ......................................1/3 seats
Restaurants .................................1/3 seats
Offices ......................................... 5/1,000 square foot gross floor space
Retail........................................... 6/1,000 square foot gross floor area
Convenience Stores ....................7/1,000 square foot gross floor area
General Services......................... 4/1 ,000 square foot gross floor area
Trade Businesses........................ 3/1,000 square foot gross floor area
Manufacturing.............................. 3/1 ,000 square foot gross floor area
Other Industria!............................ 3/1 ,000 square foot gross floor areg5
Car Washes................................. 5/stacking per bay
Drive-Up Restaurants ..................5 Stacking plus 1/3 seats
Off Street Parking
When a buildina is enlaraed. additional off-street parkinQ shall be required only with respect to the
additional usable floor area. Parkin!:! spaces may be located on a lot other than that contain in!:! the
principal use with the approval of the City Council5.
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
,uilding in existence on the effective date of this ordinance shall be reduced to provide fewer than the
..inimum number of parking spaces required under this Ordinance.
Section 165-020: Off-Street Parking and Loading Zones. No building shall be hereafter erected,
--p;1a~-~~~I'I~'''--il
6~
~.._-
5 Amended:
4 Amended; 2/19/02
3 Amended; 9/4/0 1
2 Amended; Sn/Ol
I Amended; 1130/0 1
Effective 9/5/00
City ofCenterville Ord. #4
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 or fraction thereof. No off-street loading space shall
be located in any yard adjoining any residential use. Required off-street loading space shall not be
included as off-street parking space in computing required off-street parking space. Vehicles utilizing
such loading space shall not project into the public right-ot-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 ot spaces required should be that required forthat
use named in the schedule which is determined by the Planning Commission to be most similar.
Section 165-060: Spaces For Five or more Automobiles. Parking areas consisting of five or more
off-street parking spaces shall have individual spaces so marked and shall be so designed, maintained
and regulated that no parking or maneuvering incidental to parking shall be on any public street, walk, or
alley and so that any vehicle may be parked and unparked without moving another.
Section 165-070: Improvement and Maintenance. Required parking and loading spaces, together
with driveways, aisles, and other circulation areas, shall be improved in such a way as to provide a
durable and dust-free surface. All parking and loading areas shall provide for proper drainage of surface
water to prevent the drainage of such water onto adjacent properties or walkways. The owner of any
parking or loading area shall maintain the area in good condition without holes and free of all dust, trash,
and other debris.
Section 165-080: Access. All off-street parking areas shall have access from driveways rather than
from public streets, said driveway access shall be limited to twenty-four (24) feet in width at the public
street line.
Drivewav and Parking Lot Improvements
All reQuired inQress/earess points. driveways and parkina areas shall be paved with asphalt. concrete.
--Pn(fr.~~C;-";-.'1~'--'/~
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/0 I
2 Amended: SnlOl
1 Amended: 1/30/01
Effective 915/00
City ofCenterville Ord. #4
pavers. cobblestone or similar material accordinQ to minimum Citv specifications. excludina R-1 Districts.
Drivewavs may not exceed a twentv-four (24) foot width at the streetline.5
Division 170: Building 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
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,
,partures from the Centerville Zoning Ordinance may be granted by the City Council in the form of
. .anned Unit Development Districts to achieve:
Subd.1:
A maximum choice of living environments by allowing a variety of
:"'-P~o-r::~=;~-~-.'"';~'-' /1
q;
Subd. 2:
Subd. 3:
Subd. 4:
Subd. 5:
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4101
2 Amended: SnlOl
1 Amended: 1/30101
Elfuctiv. 9/5100
City ofCenterville 000. #4
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:
Subd. 3:
Subd. 4:
Subd. 5:
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
The planned unit development proposal appears to harmonize with
both existing and proposed development in the area surrounding the
project site; and
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
Each phase of the proposed development, as it is proposed to be
completed, is of sufficient size, composition, and arrangement that its
:~PRp~.?~~'i.~,1Ll~
5 Amended:
4 Amended: 21191112
3 Amended: 914101
2 Amended; smo I
1 Amended: 1I301ll1
E_.9151ll0
City ofCenterville Orcl #4
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 Pennitted. 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
education facilities; or other uses permitted in the Zoning District in which the planned unit development
is located. When a PUD proposes a mixture of residential uses with commercial uses, the Council may
limit the development of not more than ten percent (10%) ofthe tract to commercial uses.
Section 180.040: Relationship of PUD Site to Adjacent Areas. The design of a PUD shall take into
account the relationship of the site to the surrounding areas. The perimeter of the PUD shall be so
designed as to minimize undesirable impact of the PUD on adjacent properties, and conversely, to
minimize undesirable impact of adjacent land use and development characteristics on the PUD.
Section 180-050: Minimum Size. A PUD shall consist of at least ten (10) acres.
_ection 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
-~PHUr':'-.-.-; -r.",:_-J'l
S1
5 Amended,
4 Amended, 2119102
3 Amended, 9/4101
2 Amended: snlOl
1 Amended, 1/30/01
Effi:ctive 915/00
City ofCenterville Ord. #4
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-of-Way. The site of a PUD shall abut, and the major intemal
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.
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
--PS::Io-c-.: ~l ^"'1 ~ '-"/1
5 Amended:
4 Amended: 2/19102
3 Amended: 9/410 I
2 Amended: snlO 1
I Amended: 113010 1
E_e 915100
City ofCenterville Ord. #4
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
Ibmitted in twelve (1~-=> 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 ofthe 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
4. The density of land use to be allocated to the several parts of
the development; and
5. The approximate location of thoroughfares; and
--P~rof..: ,,"~.:;. r. ~,.-ii
C1
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/0 I
2 Amended: SnlOI
1 Amended: 1130/0 I
E_.9/5/oo
City ofCenterville Ord. #4
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
S9Gti9R 51 Division 805.
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
as it may suggest and shall transmit its recommendations to the City Council.
In its recommendations the Commission shall determine whether the
-P:;lOt"'!.{l;~ rii.-)i
5 Amended:
4 Amended: 2119/02
3 Amended: 9/410 I
2 Amended: 8n101
1 Amended: 1130101
EJfuctive 9/5/00
City ofCenterville Ord. #4
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.
;,ection 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 (3D) 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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t;.(
5 Amended:
4 Amended: 2/19102
3 Amended: 9/410 I
2 Amended: SnlOl
1 Amended: 1/3010 1
Effective 9/5/00
City ofCenterville Ord. #4
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 ofthe 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 Planning and Zoning
Commission and the Council on an application for review and approval of the final plan for a PUD shall
-P::lO~:n;iri'-I~
5 Amended:
4 Amended: 2119/02
3 Amended: 91410 I
2 Amended: 8n1O I
I Amended: 1130101
Effi:criv. 915100
City ofCenterville OnI. #4
be the same as prescribed by this article for the action on the preliminary proposal. In giving approval,
the Council may specify the length of time within which construction of the project must be begun or be
completed, and it may attach such other conditions as seem necessary. The final development plan
shall be in general conformance with the preliminary development plan as approved.
A. Criteria for Approval. The findings necessary for approval of both the preliminary
and final development plans shall be based on the following and describe in what
respect the plan would or would not be in the public interest.
1. The plan does not conflict with the Centerville Comprehensive
Plan.
2. The plan is designed to form a desirable and unified
development within its own boundaries.
3. The proposed uses will not be detrimental to present and
future land use in the surrounding area.
4. Any exceptions to the standard requirements of the Zoning
and Subdivision Ordinances are justified by the design of the
development.
5. The plan will not create an excessive burden on parks,
schools, streets, and other pUblic facilities and utilities, which
serve or are proposed to serve the PUD.
B. Non-Compliance. In the event the plan as submitted for final approval is not in
substantial compliance with the preliminary development plan, the PlaRRiR€I aRa
:ZaRiR" CalRlRiEisieR Zonina Administrator5 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
-P::l(JI'"":-I~'~..~~I--'l~
&3
5 Amended:
4 Amended: 2119/02
3 Amended: 9/4/01
2 Amended: SntO 1
1 Amended: 1130/01
E_.9/5/oo
City ofCenterville 000. #4
(45) days of such hearing the Planning and Zoning
Commission shall either grant or deny preliminary approval to
the plan.
C. Final Approval. The City Council shall review and approve the Final Development
Plan if it is in substantial compliance with Preliminary Development Plan. Following
this, the applicant shall record the Final Development Plan in the manner provided
for recording subdivision plats. If the Final Development Plan is not in substantial
compliance, the applicant shall be requested to repeat the procedures outlined for
the Preliminary Development Plan.
Section 180-210: Time Limit. If work on the PUD is not started within three months of the proposed
schedule date after final approval has been granted, approval shall terminate unless an extension period
is requested or granted by the City Council.
88stieR 180 22Q: ARAya. R8~Ji8W_ Tf:le PlaRRiRg :lAg .leRiRg CemmissisR gRail rev4e,^,~all pyg Distrists
":AtRiR tRe Ci~' at least eRGe saeR year aRg 81:tall ~ake a rapeR ts tRe City CewRGiI OR tRe statwt 9f tRt)
esvslElpmeFlt iR saGR EltlRs PUg gistFiGts. IftRe City CeYRGiI RASS tRat se\'elepmsRt f:las Aet ElSGYFfElS
'.VitRiR a Feat9RSble time after tl=l9 eFigiRal apprs",:'sl, tl=l9 City Cel:lRsillflay iRstrwGt tt:le PlaRRiRg eRa
leRiRg CemmissieR tlil iRitiate rezeRiRg tEl t!:le erigiRal ZElRiRg 9istFist lily F8R=lS'tiRg tI:le pyg gistFiElt ffem
tRe OffisiallsRiRg Map.5
Section 180-2.,t0: 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 180-24tO: Completion. Completion ofthe 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 ifthey are consistent with the
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5 Amended;
4 Amended; 2/19/02
3 Amended: 9/4/01
2 Amended: SntOl
1 Amended: 1/30101
Effilctive 9/5/00
City ofCentervil1e Oni. #4
intent and purpose of the final plan and do not increase the cube of any building or
structure by more than ten (10) percent; and
B. Changes in the use of common open space or the replacement of any building
substantially destroyed which exceeds the intent and purposes of the Final
Development Plan may be authorized only by amendment to the final development.
Section 180-21460: 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 ofthe 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 180-26560: 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
~/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 180-2;&50: Maintenance of Common Open Space. All land shown on the Final Development
Plan as common open space must be conveyed to homeowners association or similar organization for
the maintenance of the planned development. The common open space must be conveyed to the
homeowners association or similar organization subject to covenants to be approved by the City Council
which restrict the common open space to the uses specified on the final development plan, and which
provide for the maintenance of the common open space in a manner which assures its continuing use for
its intended purpose.
Section 180-2IrO: 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.
--P~u~'-n:;"'I~i-;-ll
IRS
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/01
2 Amended: 817/01
1 Amended: 1/30/01
E_e 9/5/00
City ofCenterville Ord. #4
Division 185: Variances
Standards
The Planning Commission shall recommend a Variance and the Council shall order the issuance of such
Variance only if it conforms to the following standards:
A. Special conditions and circumstances exist which are peculiar to the land, structure,
or building involved and do not result from the actions of the petitioner; and
B. Literal interpretation of the provisions of this Ordinance would deprive the petitioner
of rights commonly enjoyed by other properties in the same district under the terms
of this Ordinance; and
C. Granting the Variance requested will not confer on the applicant any special
privilege that is denied by this Ordinance to other lands, structures, or buildings in
the same district; and
D. The proposed Variance will not impair an adequate supply of light and air to
adjacent property, or unreasonably diminish or impair established property values
within the surrounding area, or in any other respect impair the public health, safety,
or welfare of the residents of the city; and
E. Any person filing a petition requesting a variance or an amendment of the Zoning
Ordinance rezoning property or changing regulations within any use district shall
pay a fee according to the Schedule established by resolution of the City Council.
The fee is payable at the time of filing a Petition and is not refundable.
Section 185-010: Board of Appeals and Adjustments. The Planning and Zoning Commission shall
act as the Board of Appeals and Adjustments and shall have the power to hear and recommend requests
for the following:
A. Interpretation: Hearing appeals where it is alleged that there is an error in a
decision or judgment made by an Administrative Officer in the interpretation or
enforcement of this Ordinance or in the interpretation of Zoning District boundaries;
and
B. Variances: Recommend variances from literal ordinance requirements in instances
where strict enforcement would cause undue hardship because of circumstances
unique to the individual property under construction.
Section 185-020: Variance Procedures
-PRO~::nrll-)i'----;1
5 Amended,
4 Amended, 2119102
3 Amended: 91410 1
2 Amended: SnlOl
1 Amended: 113010 I
Effi:ctive 915100
City ofCenterville Ord. #4
A. Applications provided by the City must be completed in writing prior to any
consideration of Variance Petitions. Fees for Variances are established by
resolution of the City Council.
B. The Board of Appeals and Adjustments may require the applicant to provide copies
of plans, maps, surveys, etc., as deemed necessary, to ensure proper review and
consideration of variance petitions.
C. After filing an application, the City Clerk shall set a date for a pUblic hearing. Notice
of the hearing shall be posted and published at least ten (10) days prior to the date
of the hearing, and notice shall be mailed to each property owner within three
hundred fifty (350) feet of the property to which the Variance relates. Defects in the
notice or failure to notify individual property owners shall not validate the
proceedings, provided a good faith effort was made to comply with these provisions.
D. Upon the hearing request, the Board of Appeals and Adjustments shall either
recommend approval or denial for the Variance and shall state the reasons for said
action. Conditions for approval may be attached to any Variance granted.
E. Upon receipt of the recommendations of the Commission, the Council shall hold
whatever hearings it deems advisable and shall make its decision upon the request
to grant the variance. In granting the Variance the Council may impose conditions
which it considers necessary to meet the standards of this ordinance and to protect
the best interests of the surrounding area and the city as a whole. Violation of any
such condition is a violation of this Ordinance. The Board of Appeals and City
Council must find true the following, in the granting of a Variance from this
Ordinance:
1. Granting a Variance will not adversely affect the public health,
welfare and safety and will not be detrimental or
injurious to property or improvements in the neighborhood; and
2. Strict interpretation or enforcement would result in a practical
difficulty or unnecessary hardship that is not self created, that
is inconsistent with the intent of this Ordinance and the
Comprehensive Plan; and
3. There are exceptional or extraordinary circumstances or
conditions applicable to the property, use or facilities that do
not apply generally to other properties in the same district; and
-PI10t":~n7~~-,il~
(Pl
5 Amended:
4 Amended: 2119102
3 Amended: 914101
2 Amended: snlO1
1 Amended: 1130101
Effi:ctive 915100
Cily ofCenterville Onl. #4
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.
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
-Pti'or.- (l:~'--h 1~~li
5 Amended:
4 Amended, 2/19102
3 Amended: 9/410 I
2 Amended, miDI
1 Amended: 1130101
Effective 9/5100
City ofCentervill. Onl #4
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, when such uses are not permanent and when such uses meet appropriate conditions and
-erformance 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 SEl6ti9R 7. 9:i Division #1955 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 ofthe
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
lall 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
-VSlvr: ;.-:;h'i-,-Ji
(/1
5 Amended:
4 Amended: 2/19102
3 Amended: 9/4/01
2 Amended: SnlOl
1 Amended: 1/30101
E_.9/5/oo
City ofCentervilJe Ord. #4
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 Councilor by a petition of a landowner or other interested party.
B. Applications provided by the City must be completed, in writing, prior to any
consideration for an Amendment. Fees for zoning Amendments are established by
resolution of the City Council.
C. The City may require the applicant to provide plans, maps, surveys, etc., to ensure
proper review and consideration of any proposed Amendment to the written
provisions of this ordinance or Zoning District Boundaries.
D. After the filing of an application, or initiation by the City Council, the City Clerk shall
set a date for a public hearing. Notice of the hearing shall be posted and published
at least ten (10) days prior to the date of the hearing, and notice shall be mailed to
each property owner within three hundred fifty (350) feet of the proposed Zoning
District Boundary amendments.
E. Upon hearing the request, the Planning and Zoning Commission shall recommend
either approval or denial the proposed amendment and shall state the reasons of
said action.
F. Within thirty (30) days of the recommendation of the Planning and Zoning
Commission, the City Council shall consider the recommendation of the Planning
and Zoning Commission and shall approve, deny or modify the request to amend
this Ordinance.
Division 200: 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.
-P~(,P;-:71i:,i)'i:..i~
5 Amended:
4 Amended: 2119/02
3 Amended: 9/410 I
2 Amended: SnlOl
I Amended: 1130101
Elrectiv.9/5/OO
City ofCenterville On!. #4
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 consi~tent 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.
!ction 200-050: Expiration. If substantial construction has not taken place within twelve (12) months
after the date of a Special Use Permit, the permit is void except that on application, the Council, after
receiving the recommendation of the Planning and Zoning Commission, may extend the permit for an
additional period not to exceed six (6) months. A Special Use Permit authorizes only the Conditional
Use specified in the permit and expires if, for any reason, the authorized use ceases for more than
twelve (12) months.
Section 200-060: Fees. Any person requesting a Special Use Permit shall pay a fee according to the
Schedule established by resolution of the City Council. The fee is payable at the time of filing the
application and is not refundable.
Division 205: Enforcement and Violations
The Zoning Administrator is directed by the City Council to enforce the provisions of this Ordinance and
maintain all necessary records pertaining to this Ordinance including but not limited to Amendments,
Variances, Complaints and Violations. Any person who violates or fails to comply with the provisions of
this Ordinance shall be guilty of a misdemeanor and upon conviction may be punished to the maximum
extent allowed by law. Each day a violation exists constitutes a separate offense.
SsstieA 20& 010: RespeA8iIJility ef City Clerk. Isswe llwilEliR!l raeFAlits aREI sellest tile fees as
estalllisllea lly FeSell:ltieR ef tile Cit'; Ce\lRsil.
.^'.. MaiRmiR perR=laRBRt SRS ~l:Irr8Rt res9FSs peFtaiRiRg te tt:lis OrdiRaR88, iRslwdiRj swt
Rat IiFFlite&l is; Maps, .I\.FA9RSFFlSRtS, ipesial Usss, 'taFiaRS8&, Appeals, PIJDs, ana
araralieatieRs tl:leFefeFEl.
~P::tCJr:-:::-;-~ -.~1 ,'-/1
'71
5 Amended:
4 Amended; 2/19/02
3 Amended; 9/4101
2 Amended; sn /01
1 Amended; 1130/0]
Efti:ctive 9/5/00
City ofCenterville Ord. #4
8. Resei'/s, file, eRg feWl!3FEt applisatiens fer ft.ppeals, \taFianS8s, ~fJesial YS9 PeFR=lim,
er etller astisA te tAe ar;lpfGpFiat61 effieiallleElies.
C. Previae slerisal assist3RG9 te t~e i9a~g.
SeetieA 1QIi 020: RespsAsilililitr sf tl:ls BwildiAB IASPSGtSF. TIle IawilEliAglRspeeter sllalllls giveR the
Qwti;1sritr aRB r9sp9Rsi~i1ity t9 eRter-as all 9f ti;1e prs'JisieAS sf fhit eFEfiR8Rss BRa sRall:
A. I!Rferlle tAe r9€lwiF61meRts sf tllis OraiAaRse fer IilwilaiRg aRa OSSldpaRllY Permits
aRa istW9 sr sfsny 9as~ applisatieR iA 8GSSrSaRee 'IAtR tR9 pF9':isisRS sf Uris
OnjiAaRee.
8. CeRQWst iRspesti9R& af BlIifEliAgs BAd iRe WS8 of laRd Ie sete,:miR8 ssmplianse \.Jit~
tl:ls terms sf tRis OFdiRaRee.
C. Make f8semmSRsatieR8 ie the CewRsil 9Ft tJ;rs iRstitwtieR sf appr9~Fiat9 3stioRt er
pF9sgeeliRgs fer eRfg~9FR9Rt af this OFEliR:lRSe eA .'\A:t9RGlmsRts, aRS en any etl=lsr
matteFs rslatiRi) te tl:1e 9RferS9FJ18Rt of tRit OraiR8RG9.
D. IiAfGN8m8At ReRl8di88. IR sats any ~wil~iRi), strwstl:.lre, Sf laR~ is, Sf it prspeGed
19 Be er:eatea, GSRstrYGtes, FeSeRstrwste9, altered, QaR\-:eFteEj, FR3iRtaiRes sr "ses iR
'JielatisA sf tRis OrdiR8nQ9j tR9 City CSYRGil, in aaEliti9R Ie etRer r9FA8~iet, may
hu:titwts in tt-le Rame sf C,eRt9~...ille aAY apPF9priate astiaA sr prSG99E1ings te
PF9\"9Rt, restFaiR, serFeet ar atlate 61:fSA InlilsiRg stfwstwre Sf leREI, sr is prs':eRt, iR
sr aB8ut 8W81:1 premiS9t, :lRY 8St, S9RelWGt, tawsinBss Of wee S9RStitl:JtiAi) a vielatieR.5
Division 210: Fees and Licensing
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.
(Sianature on File)
----'-.p~uP--,/_;h-i--'11
5 Amended:
4 Amended: 2/19102
3 Amended: 9/4/01
2 Amended: SnlOl
1 Amended: 1130/01
Effective 9/5/00
City ofCenterville Oro. #4
Mayor Tom Wilharber
(Sianature on File)
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
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Dear Joel:
Attached, please find a proposed massage parlor ordinance for your review. Please note
that this ordinance as writlfwould require an investigation!background check. Would the
Centennial Lakes PD be willing to do so?
If you have any questions, please feel free to contact me.
Sincerely,
Teresa
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Jun. 2121 21211212 1219:58AM
10. OTHER FACSIMILE START Tl ME USAGE TIME MODE PAGES RESULT
11 284121121121121 Jun. 18 1217:1213AM 121121'41 TX 121121 OTHER FAX NOT RESPOND
1212 284121121121121 Jun. 18 1217:1217AM 121121'41 TX 121121 OTHER FAX NOT RESPOND
1213 284121121121121 Jun. 18 1217: 11AM 121121'41 TX 121121 OTHER FAX NOT RESPOND
1214 <FAX ~ NOT AVAIL.> Jun. 18 1217: 14AM 121121'47 RX 01 OK
1215 65141217938121 Jun. 18 1217:55AM 1219'1218 TX 14 OK
1216 651454 Jun. 18 1218: 1121AM 121121'39 TX 1211 OK
1217 763 755 171214 Jun. 18 1218: 14AM 01' 17 TX 1211 OK
1218 6514547978 Jun. 18 1218:34AM 1212' 15 RX 1212 OK
1219 6126269833 Jun. 18 1121:49AM 121121'47 TX 1211 OK
1121 17635531510 Jun. 1812:19PM 121121'52 RX 1211 OK
11 6514547978 Jun. 18 12I1:35PM 1216'15 RX 1216 OK
12 6514547978 Jun. 18 12I1:49PM 121121'29 RX 121121 ERROR-NOT YOUR UNIT (70)
13 6514547978 Jun. 18 01:55PM 1213' 14 RX 1213 OK
14 6514547978 Jun. 19 1214:I2II21AM 1211' 12 RX 1211 OK
15 651454 Jun. 19 1218: 16AM 00'47 TX 1211 OK
16 763 377 7387 Jun. 19 1218:28AM 121121'46 RX 01 OK
17 651 244 8555 Jun. 19 1219:1217AM 121121'42 TX 1211 OK
18 651 244 8555 Jun. 19 1219:4121AM 121121'42 TX 1211 OK
19 6512448555 Jun. 1911:34AM 121121'41 TX 121121 OTHER FAX NOT RESPOND
2121 651 244 8555 Jun. 19 11: 36AM 121121'41 TX 1211 OK
21 7635598101 Jun. 19 11: 49AM 121121'41 TX 121121 OTHER FAX NOT RESPOND
22 763 559 8101 Jun. 19 11: 5121AM 1211'23 TX 1212 OK
23 DISCOUNT WINDOW Jun. 19 11: 56AM 01'1212 TX 1211 OK
24 763 559 811211 Jun. 19 12:14PM 1211'23 TX 1212 OK
25 6516361311 Jun. 19 12:53PM 121121'48 RX 1211 OK
26 <FAX ~ NOT AVAIL.> Jun. 19 12I1:1212PM 1211'31 RX 1211 OK
27 6514547978 Jun. 19 12I1:48PM 04'13 RX 1214 OK
8 7635253286 Jun. 191212:11PM 17'19 RX 16 OK
.<9 6514547978 Jun. 19 1212:32PM 1212'14 RX 1212 OK
3121 6514547978 Jun. 2121 1214:51AM 1211' 12 RX 1211 OK
31 NORTH METRO Jun. 2121 1216:47AM 1212' 18 TX 1215 OK
32 651454 Jun. 2121 1217:32AM 121121'4121 TX 1211 OK
33 651 766 4196 Jun. 2121 1219:1121AM 1215'1216 TX 1121 OK
34 6514547978 Jun. 2121 1219:26AM 01'2121 RX 01 OK
35 (612 784 12112182 ~ Jun. 2121 1219:39AM 1217'1216 TX 12 OK
IF YOU HI'M:: A PROR.EM WITH YCII.R FAX. CALL TCLL-FREE 1-800-HB.P-FAX (1-800-435-7329) .
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF CENTERVILLE
ORDINANCE #70
AN ORDINANCE TO LICENSE AND REGULATE SAUNAS AND MASSAGE PARLORS IN
THE CITY OF CENTERVILLE
STATEMENT OF POLICY
The City Council of the City of Centerville deems it necessary to provide for the special and express
regulation of businesses or commercial enterprises which operate as massage parlors, saunas and
similar adult orientated services operating under different names in order to protect the public health,
safety and welfare and to guard against the inception and transmission of disease. The City Council
further finds that commercial enterprises such as the type described above, and all other similar
establishments whose services include sessions offered to adults, conducted in private by members of
the same or the opposite sex and employing personnel with no specialized training are susceptible to
operation in a manner contravening, subverting or endangering the morals of the community be being
the site of acts of prostitution, illicit sex and occasions of violent crimes, thus requiring close
inspection, licensing and regulation.
The City Council also finds that control and regulation of commercial establishments of these types, in
view of the abuses often perpetrated, require intensive efforts by the Police Department and other
departments of the City. As a consequence, the concentrated use of City services in such control
detracts from and reduces the level of service available to the rest of the community and thereby
diminishes the ability of the City to promote the general health, welfare, morals and safety of the
community.
DEFINITIONS
As used in this ordinance the terms defined shall have the meanings ascribed to them.
Business License - A license issued by the City authorizing the practice or administering of massage
or the operation of a sauna on premises within the City of Centerville.
Massaee - The rubbing, stroking, kneading, tapping or rolling of the body of another with the hands
for the exclusive purpose of physical fitness, relaxation, beautification and for no other purpose.
Massa2e Certificate - A certificate issued by the City to a masseur or masseuse authorizing the holder
thereof to practice or administer massage in the City of Centerville.
Massa2e Parlor - Any premises at or in which massage is perfonned.
D Masse~ - A male person who practices or administers massage.
Masseuse - A female person who practices or administers massage.
Page I of12
l___ _
Sauna - A steam bath or heat bathing room used for the purpose of bathing, relaxing or reducing agent
utilizing steam or hot air as a cleaning, relaxing or reducing agent.
DISTINGUISHED
The practice of massage is hereby declared to be distinct from the practice of medicine, surgery,
osteopathy, chiropractic, physical therapy or podiatry and person duly licensed in this State to practice
medicine, surgery, osteopathy, chiropractic, physical therapy or podiatry and nurses who work solely
under the direction of such persons, are hereby expressly excluded from the provisions of this
Ordinance. Beauty cu1turists and barbers who do not give or hold themselves out to give massage
treatments, as defined herein, other than is customarily given in such shops or places of business for
the purpose of beautification only shall be exempt from the provisions of this Ordinance.
Athletic directors and trainers who perform massages in the course of any athletic program or event
which is sponsored by a local unit of govermnent, bona fide educational institution complying with
state or local regulations, bona fide churches, synagogues or institutions of organized religion or bona
fide, non-profit civic organizations are expressly excluded from the requirements of this Ordinance
provided that the performing of massages is subsidiary to the performing of other services and tasks.
tlUSlNES"S"LICENSE REQUIRED
No person shall engage in the business of operating a sauna or massage parlor either exclusively or in
connection with any other business enterprise without obtaining a business license as provided in this
Ordinance.
Whenever any establishment ceases to be licensed as a massage parlor or sauna whether through the
suspension, cancellation, revocation, non-renewal or lapse of its license, its owners shall immediately
remove from public view any sign or display which identified the establishment as being a sauna or
massage parlor or as offering sauna or massage services.
CONTENTS OF APPLICATION FOR BUSINESS LICENSE
Application for a business license shall be made only on the forms provided by the City Clerk. Four
(4) complete copies of the application shall be furnished to the office of the City Clerk containing the
following information:
A. Address and legal description of the property to be used;
B. The names, addresses and telephone numbers of the owner, lessee, if any, and the
operator or manager;
C. The name, address and telephone number of two (2) persons and who may be called
upon to attest to the applicant's, manager's or operator's character;
D. Whether the applicant, manager or operator has ever been convicted of a crime or
offense other than traffic offense and, if so, complete and accurate information as to the
time, place and nature of such crime or offense including the disposition thereof;
E. The names and addresses of all creditors of the applicant, owner, lessee, or manager
Page 20f12
insofur as and regarding credit which has been extended for the purposes of
constructing, equipping, maintaining, operating or furnishing or acquiring the premises,
personal effects, equipment or anything incident to the establishment, maintenance and
operation of the massage parlor or massage establishment;
F. If the application is made on behalf of a corporation, joint business venture, partnership
or any legally constituted business association, it shall submit along with its application,
accurate and complete business records showing the names and addresses of all
individuals having an interest in the business, including partners, officers, owners
managers, members of the board of directors, and creditors furnishing credit for the
establishment, acquisition, maintenance and furnishing of said business including the
purchase or acquisition of any items of personal property for use in said operation;
G. Complete and accurate documentation establishing the interest of the applicant and any
other person having an interest in the premises upon or in which the business is
proposed to be located in the form of a lease, deed, contract for deed, mortgage deed,
mortgage credit arrangement, loan agreements, security agreements and any other
documents establishing the interest of the applicant or any other person in the operation,
acquisition, or maintenance of the enterprise offering massage;
H. The application shall also contain blueprints, diagrams, plans, layouts and the like
showing the construction, revision, remodeling, alteration or additions of or to the
premises and specifically showing the layout, design and arrangement of the bathing
and restroom facilities and the size and type of equipment and facilities to be used.
BUSINESS LICENSE FEE, LICENSE INVESTIGATION FEE AND LICENSE YEAR
The investigation fee shall be set by Council, on an annual basis, through a fee schedule resolution
along with the annual license fee. A license unless revoked, is for the calendar year or a part thereof;
for which it has been issued. The license fee and fee for the investigation of the license application
Q shall be paid when the application is filed. In the eve~hat the application is denied or the license,
once issued, is revoked, cancelled or surrendered, nopart of the annual license fee and investigation
fee shall be returned to the applicant unless by express action of the City Council. A separate license
shall be obtained each year for each place of business. The licensee shall display the license in a
prominent place in the licensed premises at all times. A license for the operation of a massage parlor
or sauna is nontransferable.
GRANTING OR DENIAL OF LICENSES
License applications shall be reviewed by the Police Department and such other departments, as the
City Council shall deem necessary. The review shall include any inspection of the premises covered
by the application by the Building Inspector and Fire Department to determine whether the premises
conforms to all applicable Code requirements. Recommendations shall be made in writing to the City
Clerk. Thereafter, licenses shall be granted or denied by the City Council su~ect to the provisions of
this Ordinance. The applicant may appeal to the City Council.
CONDITIONS GOVERNING ISSUANCE OF A BUSINESS LICENSE
I. No business license shall be issued if the applicant or any of its owners, lessees,
Pagd ofl2
managers, employees or agents is a person ofbad repute.
2.
Business licenses shall be issued only if the applicant and all of its owners, lessees,
managers, employees and agents are free of convictions for offenses which involve
moral turpitude or which relate directly to such person's ability, capacity or fitness to
perform the duties and discharge the responsibilities ofthe licensed activity.
if
Licenses shall be issued only to applicants who have not, within one (1) year prior to the (c; ~
date of application, been denied licensure; or who have not within such period had their /).LV'\"
license revoked.
3.
4.
License shall be issued only to applicants who have answered fully all of the
information requested in the application, have paid the full license fee and have
cooperated with the City in review of the application.
5.
A license shall not be granted to an applicant who is under the age of 18 years.
6.
Licenses may be granted only for locations with business zones allowing similar
activities.
7.
Licenses may be granted only to establishments, which can meet the safety, sanitary,
and building code requirements of the City.
8.
A license shall not be granted if granting the license (a) would be inconsistent with the
comprehensive development plan of the City, or (b) would otherwise have a detrimental
effect upon the property or properties in the vicinity.
CONSTRUCTION AND MAINTENANCE REQUIREMENTS
A. Each licensed premises shall have a separate restroom for members of each sex.
B. Floors, walls and equipment in massage rooms, restrooms and bathrooms must be kept
in a state of good repair and sanitary condition at all times. Linen and other materials
shall be stored at least twelve inches off the floor.
C. Individual lockers shall be made available for use by patrons, with each locker having
separate keys for locking.
D. Each licensed premises shall provide adequate refuse receptacles, which shall be
emptied as often as required.
E. The doors to the individual massage rooms shall not be equipped with any locking
device nor shall they be locked or obstructed from either side of the door. Each
individual massage room shall contain a private dressing area with hot and cold running
water. Clean towels, washcloths and linens must be available for each customer.
F. Main entrance doors to the premises shall be unlocked at all times during business
hours.
Page 4 of 12
MASSAGE CERTIFICATE REQUIRED
No person shall perform massage services within the City without a massage certificate as provided in
this Ordinance.
CONTENTS OF APPLICATION FOR MASSAGE CERTIFICATE
An application for a massage certificate shall be made only on forms provided by the City. The
application shall contain the following information together with any other information the City may
require:
A. Evidence of the applicant's educational qualifications, including originals or certified
copies of degrees, diplomas or certificates, if any, including proof of receiving at least
100 hours of certified therapeutic massage training recognized and accepted by a state
or national professional therapeutic massage organization.
B. Evidence of applicant's practical qualifications to practice massage.
C. The ruunes and addresses of two (2) persons, who may be referred to as to the
applicant's character.
D. Whether the applicant has ever been convicted of a crime or offense other than a traffic
offense and if so, information as to the time, place and nature of such crime or offense.
E. Evidence in the form of a current certificate from a licensed physician practicing in
Minnesota indicating (i) that within the past thirty (30) days the physician has examined
the applicant, and (ii) that such examination was for the purpose of determining whether
the applicant had any communicable disease and (iii) that as a result of such
examination he believes that applicant is not suffering from any communicable disease
which would disqualifY the applicant from engaging in the practice of massage.
CERTIFICATE FEE, CERTIFICATE INVESTIGATION AND CERTIFICATE YEAR
The investigation fee shall be determined by City Council on an annual basis through a fee schedule
resolution along with the annual certificate fee. The certificate year shall be the calendar year and a
certificate shall be valid for the remainder of the calendar year in which it is issued. The certificate fee
'V and fee~investigation for the certificate shall be paid when the application is filed. In the event that
the application is denied or that the certificate, once issued, is revoked, cancelled or surrendered, no
part of the annual certificate fee and investigation fee for the issuance of a certificate shall be returned
to the applicant unless by express action of the City Council. A separate certificate shall be obtained
each year. The certificate holder shall display the certificate in a prominent place in the licensed
premises at all times. A certificate permitting the holder thereof to practice massage is nontransferable.
INVESTIGATION OF APPLICATION
Certificate Applications shall be reviewed by the Police Department, which shall furnish written
recommendations to the City Clerk. Thereafter certificates shall be granted or denied by the City
Council subject to the provisions of this ordinance. The applicant may appeal to the City Council.
Page 5 of 12
L
CONDITIONS GOVERNING ISSUANCE OF A MASSAGE CERTIFICAlE
A. Certificates shall be issued only to persons who have received and can furnish proof of
receiving at least 100 hours of certified therapeutic massage training recognized and
accepted by a state or national professional therapeutic massage organization.
B. Certificates shall be issued only to persons of good repute and persons who are in good
health and free from any communicable diseases, which would disqualifY the applicant
from engaging in the practice of massage.
C. Certificates shall be issued only to persons free of convictions for otrenses which
involve moral turpitude or which relate directly to such person's ability, capacity or
fitness to perform the duties and discharge the responsibilities of the occupation.
D. Certificates shall not be issued to persons who have, within one (1) year prior to the date
of application, been denied certification; or who have had his or her certificate revoked
or surrendered in or by any political subdivision, municipality or by the State of
Minnesota
E. Certificates shall be issued only to applicants who have fully and truthfully answered all
of the information requested in the application, have paid the fun certificate fee and
certification investigation fee.
RESTRICTIONS AND REGULATIONS
A. No business licensee shall employ any person as a masseur or masseuse without first
insuring that said employee possesses a valid certificate for the administration or
practice of massage. The certificate shall be prominently and openly displayed on the
premises.
B. The licensed premises shall not be open or in operation between the hours of 11 :00 p.m.
and 8:00 a.m. on the succeeding day nor shall any person engaged in the practice of
massage be on said premises or perform any massage or administer any such services
between the hours of 11 :00 p.m. and 8:00 a.m. on the succeeding day.
C. The licensee, masseuse, or masseur and any persons in their employ or agents or
officers thereof and any and all persons with interest in said business shall comply with
all applicable ordinances, regulations and laws of the City of Centerville, the States of
Minnesota and the United States Government.
D. If the licensee is a partnership or corporation, the licensee shall designate a person to be
manager and in responsible charge of the business. Such person shall remain
responsible for conduct of the business until another suitable person has been designated
in writing by the licensee. The licensee shall promptly notify the police department in
writing of any change in manager indicating the name, address and telephone number of
the new manager and the effective date of such change.
E. Every licensee shall permit and allow an examination and inspection of every part of the
premises by a police, fire or other authority of the City during normal business hours six
Page 6 of12
(6) times each year. Refusal to allow such inspection or to answer the request of City,
police, fire or other authority to be admitted, to a licensed premises shall be grounds for
suspension or revocation of all licenses.
F. Any person acting as a masseur or masseuse shall have his or her certificate displayed in
a prominent place at his or her place of employment and upon demand by any police
officer or other authorized officer or agent of the City of Centerville, any person
engaged in practicing massage shall identify himself or herself giving his or her true
legal name, correct address and telephone number.
G. Any person practicing massage within the City of Centerville shall initially advise the
City ofhis or her address and telephone number and shall further advise the City of any
changes in address or telephone number within thirty (30) days of such change.
H. Any person practicing massage within the City may do so only at premises which are
licensed for the conduct of such business as herein provided and further, any person
practicing massage shall inform the City of any changes in employment or the location
ofhis or her employment within the City within seven (7) days after such change.
1. Every person to whom a massage certificate is issued shall appear personally at the
Police Department to receive deliver of the certificate and upon such appearance shall
be photographed for identification purposes. One (1) copy of the photograph shall be
permanently affixed to the certificate and a second copy thereof shall be kept in the files
of the Police Department. .
1'\ _
J. . r~rice relat~ for all services shall be prominently posted in the reception area in a
locatIOn available to all prospective customers.
o
HEALTH AND DISEASE CONTROL
No person while affiicted with any disease in a communicable form or while a carrier of such disease
or wounds, sores or any acute respiratory infection shall work in or use the services of any public
massage room and no person known or suspected of being affiicted with any such disease or condition
shall be employed or permitted in such area or capacity.
REVOCATION, SUSPENSION OR NONRENEWAL OF BUSINESS LICENSE OR MASSAGE
CERTIFICATE
The business license or massage certificate may be revoked, suspended or not renewed by the City
Council by showing that the licensee, its owners, managers, employees, agents or any other interested
parties, as enumerated in Contents of Application for Business License section of this ordinance with
the exception of creditors, or the masseur or masseuse have engaged in any of the following conduct:
A. Fraud, deception or misrepresentation in connection with the securing of the license.
B. Habitual drunkenness or intemperance in the use of drugs including but not limited to
the use of drugs, defined in Minnesota Statutes, Section 618.0 I, barbiturates,
hallucinogenic drugs, amphetamines, Benzedrine, Dexedrine or other sedatives,
depressants, stimulants or tranquilizers.
Page 7 of 12
C. Engaging in conduct involving moral turpitude by pennitting or allowing others within
their employ or agency to engage in conduct involving moral turpitude or failing to
prevent agents, officers or employees in engaging in conduct involving moral turpitude.
D. Failure to fully comply with any requirements of the City Code of the City of
Centerville regarding the sanitary and safety conditions, zoning r~!~ building
o code requirements or ordinances, the violation of which involve momX itude, or
failure to comply fully with any requirements of this Ordinance.
E. Conviction of an offense involving moral turpitude by any court of competent
jurisdiction.
F. Engaging in any conduct, which would constitute grounds for refusal to issue a business
license or massage certificate herein.
APPEALS
The licenses or massage certificate holder may appeal such suspension, revocation or non-renewal to
the City Council. The Council shall consider the appeal at the next regularly scheduled Council
meeting on or after ten (10) days from service of the notice of appeal on the City Clerk. At the
conclusion of the hearing, the Council may order:
A. That the revocation, suspension or non-renewal be affirmed.
B. That the revocation, suspension or non-renewal be lifted and that the license or
certificate be reinstated.
C. The City Council may base either suspension or issuance of the license or certificate
upon any additional terms, conditions and stipulations which it may, in its sole
discretion, impose.
LIABILITY FOR CRIMES OR ANOTHER.
'7
Every person who commits or attempts to commit, conspires to commit or aids and abets in the
commission of any act constituting a violation of this Ordinance or any act which constitutes an
omission and therefore, a violation of this Ordinance whether individually or in connection with one or
more persons or as a principal, agent or accessory shall be guilty of such offense and every person who
fiIlsely, fraudulently, forcibly or willfully induces, causes coerces, requires, pennits or directs another
to violate any of the provisions of this Ordinance is likewise guilty of such offense.
PENALTIES
Whoever does any act forbidden by this Ordinance or omits or fails to do any act required by this
Ordinance shall be guilty ofa misdemeanor.
SEVERABILITY
Every section, provision or part of this Ordinance is declared separable from every other section,
Page 80fl2
provision or part to the extent that if any section, provision or part of this Ordinance shall be held
invalid, such holding shall not invalidate any other section, provision for part thereof.
Passed and adopted by the City Council of the City of Centerville, Minnesota, this
day of
Page 9 of 12
APPLICATION FORM FOR SAUNAS OR MASSAGE PARLORS LICENSE
INITIAL INVESTIGATIVE FEE $250.00
LICENSE PER YEAR $300.00 - (NOT PRORATED)
TRADE NAME
DATE OF APPLICATION
LICENSING PERIOD
FULL NAME OF APPLICANT
OWNER IF INDIVIDUAL
PHONE NUMBER
ADDRESS
CITY
STATE
DATE OF BIRTH
PLACE OF BIRTH
ADDRESS OF BUSINESS
LOCATION
LIST OWNERS OF BUILDING OR PREMISE TO BE LICENSED:
NAMES
ADDRESSES
DATE OF BIRTH
MANAGER'S NAME
ADDRESS
PHONE
OPERATOR'S NAME
ADDRESS
PHONE
Page 10 ofl2
LIST TWO (2) CHARACTER REFERENCES
NAME
ADDRESS
PHONE
HAS APPLICANT AND OR MANAGER EVER BEEN CONVICTED OF A CRIME, OTHER
THAN A TRAFFIC VIOLATION:
DYES 0 NO
IF YES, GIVE EXPLANATION ON A SEPARATE SHEET OF PAPER, INCLDUING TIME,
PLACE AND NATURE OF EACH CRIME OR OFFENSE AND DISPOSITION THEREOF.
LIST ALL CREDITORS INVOLVED IN THE CONSTRUCTION AND MAINTENANCE IN ANY
WAY PROVIDING DEBT OF EQUITY FINANCING TO SAID OPERATION:
LIST CORPORATE OR P ARTNERSIDP TITLE, IF ANY
CORPORATE OR PARTNERSHIP ADDRESS:
LIST ALL OFFICERS, MANAGERS OR DIRECTORS, IF CORPORATION:
NAMES
ADDRESS
DATE OF BIRTH
Please submit accurate and complete business records showing names and addresses of all individuals
having an interest in business including partners, officers, owners and creditors furnishing credit for
establishment acquisition and maintenance and furnishing of said business.
Please furnish accurate documentation establishing the interest of the applicant and any other person
having interest in the premises upon which the building is proposed to be located or furnished thereof.
The documentation shall be in the form of a lease, deed, contract for deed, mortgage deed, etc. and any
Page 11 of12
. .
other documents establishing interest of the applicant or any other person in the operation.
Please provide blueprints, diagrams, layouts, etc. showing construction and or remodeling to the
premises and specifically showing the layout of the bathing and restroom fucilities to be used.
Applicants and his/her associates will strictly comply with all regulations promulgated by the City
Council of City of Centerville and all ordinances of said municipality.
I hereby certifY that I have read the foregoing questions and that the answers to said questions are true
of my own knowledge. I further understand that an investigation fee, not to exceed $250.00 shall be
charged an applicant by the City.
Signature of Applicant
Subscribed and sworn to before me
This day of , 2002
Notary Public Signature
My Commission Expires
Page 12 of 12
,
, -
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF CENTERVILLE
ORDINANCE #71
AN ORDINANCE GOVERNING THE TATTOO, BODY PIERCING,
PERMANMENT COSMETIC MAKE UP, BODY BRANDING, AND BODY
PAINTING ESTABLISHMENTS.
PURPOSE:
The purpose of this ordinance is to regulate the business of tattooing permanent cosmetic
make-up, body piercing, body branding, or body painting in order to prevent the
transmission of disease and protect the health and welfure of the general public. The City
Council finds that the experience of other cities indicates that there is a connection
between body piercing and disease transmission and other health problems. The City
Council finds that stringent regulations governing tattooing can minimize the disease risk
and therefore protect the general health and welfare of the community.
DEFINITIONS
Definitions in this ordinance shall apply when these words and phrases are used in this
Article.
Body Piercing. Any method of puncturing the skin of a person by the aid of needles or
other instruments designed or used to puncture the skin for the purpose of inserting
jewelry or other objects in or through the human body.
Body Branding. Impression or burning a mark or figure on the skin of a person with a
hot object or flame.
Clean. The absence of dirt, grease, rubbish, garbage odor and other offensive, unsightly,
or extraneous matter.
Good Repair. Free of corrosion, breaks, cracks, chips, pitting, .excessive wear and tear,
leaks obstructions and similar defect so as to constitute a good and sound condition.
Enforcement Officer. The City health authority or other designee of the City
Administrator.
Issuing Authority. The City Council.
Tattooing. The marking of the skin of a person by insertion a permanent colors by
introducing them through puncture of the skin.
.\hLt-tiv Z)~(U:u- ~
Co PO}lLLU -&cJ;-H--
Page 1 of 7
(
. .
LICENSE REQUIRED
1. A license shall be required to operate an establishment where tattooing,
permanent cosmetic make up, body piercing, body branding, or body painting is
practiced, or engage in the practice of tattooing, body piercing, body branding or
body painting without a license.
2. A state licensed physician who engages in the practice of tattooing and/or body
piercing shall be exempt from the license requirement.
3. Jewelry stores and accessory stores that provide exclusively ear piercing services
using piercing guns also shall be exempt from the license requirement.
LICENSE APPLICATION
Application for a license shall be made on a form as prescribed by the City and shall
include:
1. If the applicant is a natural person:
A. The name, place and date of birth, street residence address, and phone
number of the applicant.
B. Whether the applicant has ever used or has been known by a name other
than the applicant's name, and if so, the name or names used and
information concerning dates and places where used.
C. The name of the business if it is to be conducted under a designation,
name, or style other than the name of the applicant and a certified copy of
the certificate as required by Minnesota Statutes, Section 333.01.
D. The street addresses at which the applicant has lived during the preceding
five (5) years.
E. The type, name and location of every business or occupation in which the
applicant has been engaged during the preceding five years, and the name
and address of the applicant's employer and partner, if any, during the
preceding five (5) years.
2. Ifthe applicant is a partnership:
A. The name and addresses of all general and limited partners and all
information concerning each general partner.
B. The name of the managing partner and the interest of each partner in the -
tattooing establishment.
C. A true copy of the partnership agreement must be submitted with the
application. If the partnership is required to file a certificate as to a trade
name pursuant to Minnesota Statutes, Section 333.01, a certified copy of
such certificate must be attached to the application.
Page 2 of 7
3. If the applicant is a corporation or other business:
A. The name of the corporation or business formed, and if incorporated, the
state of incorporation.
B. A true copy of the certificate of incorporation. If the applicant is a foreign
corporation, a certificate of authority as required by Minnesota Statutes,
Section 303.06, must be attacbed to the application.
C. The name of the manager, proprietor, or other agent in charge of the
business and all information concerning eacb manager, proprietor, or
agent.
4. In tbe case of all applicants:
A. Whether the applicant bolds a current tattooing, body piercing, body
branding or body painting license from any other governmental unit.
B. Whether the applicant has previously been denied a tattooing, body
piercing, body branding or body painting license from any other
governmental unit.
e. The location of the business premises and the legal description thereof.
D. Whether all real estate and personal property taxes that are due and
payable for the premises to be licensed have been paid, and if not paid, the
years and amounts that are unpaid.
E. If the application is for premises either planned or under construction or
undergoing substantial alterations, the application must be accompanied
by a set of preliminary plans showing the design of the proposed premises
to be licensed. A copy of the plans must be submitted to the Building,
Fire and Health authorities for approval. If the plans of design are on file
with the City, additional plans need not be submitted.
F. Such other information as the City Administrator may require.
APPLICATION EXECUTION
An application for a license must be signed and sworn to. If the application is that of a
natural person, it must be signed and sworn to by such person; if that of a corporation, by
an officer thereof, if that of a partnership, by one (1) of the general partners; and if that of
an unincorporated association, by the managing officer. Falsification of information on a
license application requires the denial of a license.
APPLICATION VERIFICATION
The City shall verifY and investigate the fucts set forth in the application and conduct any
necessary criminal background checks to assure compliance with this Ordinance.
LICENSE PERIOD AND LICENSE FEES
Page 3 of 7
The term of the license is the calendar year or the remaining portion thereof. The fee will
not be prorated. The fee for a license is set forth by the City Council by annual
resolution. The fee must be submitted at the time the application is filed. Fees are non-
refundable.
PERSONS INELIGffiLE FOR LICENSE
1. A license may not be issued to an applicant, or partner or other person in charge
of the licenses if the applicant:
A. Is a minor at the time the application is filed;
B. Has been convicted of any crime directly related to the occupation
licensed as prescribed by Minnesota Statutes, Section 364.03, Sub. 2 and
has not shown competent evidence of sufficient rehabilitation and present
fitness to perform the duties of the licensed occupation as prescribed by
Minnesota Statutes, Section 364.03, Sub. 3;
C. Does not have the legal authority to be employed in the United States; or
D. Is not of good moral character or repute.
GENERAL LICENSE REQUIREMENTS
1. Tattoos on Minors. It is unlawful to tattoo, pierce, brand or paint a person under
the age of eighteen except in the presence ot; and with the written pennission of,
the parent or legal guardian of the minor.
2. Prohibition on License Transfer. A license is for the person and the premises
named on the approved license application. Transfer of a license is not permitted
from place-to-place or from person-to-person without first complying with the
requirements of an original application, except where an existing noncorporate
licensee is incorporated and incorporation does not affect the ownership, control,
and interest of the existing licensed establishment
3. Hours of Operation. A licensed establishment may not be open fur business
before 7:00 a.rn. nor after 11 :00 p.rn.
4. Licensed Premises. The license is only effective for the compact and contiguous
space specified in the approved license application. If the licensed premises is
enlarged, altered, or extended, the licensee must infurm the Director of Public
Safety.
5. Effect of License Suspension or Revocation. It is unlawful to solicit business or
offer to perform tattooing, body piercing, body branding or body painting services
while under license suspension or revocation by the City.
6. Maintenance of Order. The licensee is responsible for the conduct of the business
being operated and must at all times maintain conditions of good order.
Page 4 of 7
7. Employee Lists. The licensee must provide to the City Administrator a list of
employees who perform tattooing, body piercing, body branding or body painting
at the licensed establishment and verifY that each employee has received a copy of
this Article.
8. Liability Insurance. Licensees must have at all times a valid certificate of
insurance issued by an insurance company licensed to do business in the State
indicating that the licensee is currently covered in the licensed business by a
liability insurance policy. The insurance must be kept in furce during the term of
the license and provide for notification to the City prior to termination or
cancellation. A certificate of insurance must be filed with the City. The
minimum limits of coverage for such insurance are:
A. Each claim, at least $200,000;
B. Each group of cJaims, at least $500,000.
REALTII AND SANITATION REQUIREMENTS
1. Unlawful Practice. It shall be unlawful to engage in the practice of tattooing,
body piercing, body branding or body painting at any place in the City without
complying with the regu!ationsofthis Ordinance.
2. Lavatory Requirement. A place where tattooing, body piercing, body branding or
body painting is practiced must be equipped with an adequate and conveniently
located toilet room and hand lavatory for the accommodation of employees and
patrons. The hand lavatory must be equipped with hot and cold running water
under pressure, be maintained in good repair at all times and kept in a clean and
sanitary condition. Toilet fixtures and seats must be of a sanitary open front
design and readily cleanable. Easily cleanable, covered receptacles must be
provided for waste materials. A lavatory fucility must be provided with an
adequate supply of hand cJeausing compound and singe-service sanitary towels or
hand-drying devices.
3. Skin Infection. A person having a skin infection or other disease of the skin may
not be tattooed, painted, or branded.
4. Sterilization and Disposal ofBio-Hazardous Materials. Needles, razor blades and
other equipment used for pierced, branding or puncturing must be individually
pre-packaged, sterilized and disposable, and this eqnipment may not be used on
morc than one (1) customer. Bio-hazardous waste must be disposed of in
accordance with law, and disposal procedure shall be approved by the Health
Authority. Approved sterilizing solutions and methods may be used for the
purpose of sterilizing instruments other than needles and razor blades when such
sterilizing solutions and methods are approved by the Heath Authority.
Page 5 of 7
L___ __ _ _
5. Skin Preparation Procedures. The procedures in this Subsection must be used for
skin preparation.
A. The operator must wash bands thoroughly with soap and water
following the hand washing procedures as approved by the Health
Authority and then dry them with a clean towel before and after
each tattooing. Operators with skin infections of the band may not
perform any tattooing, body piercing, body branding or body
painting service.
B. If it is necessary to shave the skin, pre-packaged, pre-sterilized,
disposable, razor blades shall be used.
C. The skin area to be tattooed, pierced, branded or painted must be
thoroughly cleaned with germicidal soap, rinsed thoroughly with
water, and sterilized with an antiseptic solution approved by the
Health Authority. Single-service towels and wipes must be used in
the skin cleaning process.
D. After tattooing, piercing or branding, a sterile dressing must be
applied to the tattooed, pierced or branded area.
6. Operating Furniture. Tables, chairs, furniture, or area on which a patron received
a tattoo, body piercing, body branding or body painting must be impervious to
moisture and properly sanitized after each tattoo, body piercing, body branding or
body painting. The surface must be covered by single-service disposable paper or
clean linens.
7. Towels. An operator must provide single-service towels or wipes for each
customer or person and such towels or wipes must be stored and disposed of in a
manner acceptable to the Health Authority.
8. Garments of Operator. An operator must wear clean, washable garments when
engaged in the practice of tattooing, body piercing, body branding or body
painting. If gannents are contaminated with blood or body fluids, the garment
must be removed, changed and discarded or sterilized by an approved method.
9. Pigments. Pigments used in tattooing must be sterile and free from bacteria and
noxious agents and substances including mercury. The pigments used from stock
solutions for each customer must be placed in a single-service receptacle, and
such receptacle and remaining solution must be discarded after use on each
customer in accordance with procedures approved by the Health Authority.
10. Code Compliance. The facility must meet all relevant building codes and federal
law related to access. .
11. Influence of Alcohol and Drugs. It is unlawful to practice tattooing, body
piercing, body branding or body painting while under the influence of alcoholic
Page 6 of 7
beverages or illicit drugs. A customer may not be tattooed, pierced, branded or
painted while under the influence of alcoholic beverages or illicit drugs.
]2. Written Instructions. The operator must provide the person tattooed, pierced or
branded with printed instruction on the approved care of the skin during the
healing process.
13. Living Quarters. A place licensed as a tattoo, body piercing, body branding or
body painting establishment may not be used or occupied as living or sleeping
quarters.
14. Hepatitis. A person to be tattooed, branded or pierced must be asked whether the
person has had viral hepatitis in the preceding six (6) months. A person suspected
of presently having viral hepatitis or havin~ had viral hepatitis within. the
preceding six (6) months may not be tattooed, branded or pierced unless the
person has the written consent of a licensed physician.
SANCTIONS FOR LICENSE VIOLATIONS
1. The City Council may revoke the license or suspend the license for a violation of:
A. A provision of this Article or any other local law governing the same
activity during the license period;
B. Violation of any criminal law during the license period which adversely
affects the ability of the licensee to honestly, safely, or lawfully conduct a
tattooing, body piercing, body branding or body painting business;
1. The City Council may revoke the license or suspend the license if the licensee
submitted fulse information or omitted material infonnation in the licensing
'process.
Effective Date
The effuctive date of this Ordinance shaI1 be after its passage and publication according
to law.
Adopted by the Centerville City Council this
. day of
.2002.
Mayor Tim Swedberg
City Clerk
Page 7 of 7
J,n,28, 2002 IO:45AM
,
No 6621 P 2/8
~.to -ro--1-vO~ I . ~Lt\'~vlJ
[] ESCORT SERVraS, 1 $A8fll' ORS,.lUU' l'AKLUKS, SAuNA'
PARI.ORi, .'\l're .mKYICES
f] :MASSAGE PARLOR AS ACCESSORY USE TO BARBER SHOPIHAIR OR
BEAUTY SALON (SECTION 19-199)
[] PERSONAL SERVICE LICENSE
(Sections A, B, C, E, F, as marked by an *)
..
A. Name of Applicant:
Applicant is a:
[ 1 Natural Person [ ] Cmporation [ ] Partnership
[ ] Other Form of Organization
..
B. Complete this section if applicant is a natural person or as instructed elsewhere in this
document.
1. True Name
Last
First
Middle
(Maiden)
2. Place and Date of Birtb
Place
Date
3. Resident Address
Resident Fhone
Daytime Phone
4.
Is applicant a United Slate. citizen?
[ lYes
[ ] No
S. MY name(s) applicant has ever used or been known by other than true names:
a.
!.ast
First
Middle
(Maiden)
b.
Last
First
Middle
(Maiden)
c.
Last
First
Middle
(Maiden)
d.
Last
First
Middle
(Maiden)
Jon.28, 2002 IO:46AM
No 6621 P 4/8
10. List all convictions for any felony, crime, or OIdinancc: violation (exclude any
traffic ordinance violations). (Attach additional pages if necessary)
OFFENSE
DATE
LOCATION
DISPOSITION
11. Applicant's physical description:
Sex
Hair CalOI
Eye ColOI
Height
Weight
Complexion
12. List all training far providing the type of serVices for which this license is
requested. Attach copies of all appropriate certificates, etc. (Attach additional
pages if necessary)
a.
b.
c.
d.
e.
.
c.
List any other communities in which you are or have been shmlarly licensed.
a.
b.
c.
d.
. Jun.28. 2002 10:46AM
No 6621 P 3/8
6. Dates and places where names listed in ItS were used.
5a.
5b.
5c.
5d.
7. The names the business is to be conducted under if other than the full
individual name of applicant:
YOU MUST ATTACH A CERTIFICATE OF ASSUMED NAME ISSUED
BY THE SECRETARY OF STATE (SEE M.S.A. eHAPrER. 333) AND
CERTIFIED BY THE CLERK OF DISTRICT COURT.
8. List all street addresses at which you have lived for the past five years.
(Attached additional pages if necesBllt)')
a.
to
Address Dates
to
Address Dates
to
Address Dates
to
Address Dates
b.
c.
d.
9. List the kind, name, and location of every business or occupation you have
been engaged in for the past five years. (Attach additional pages if =essary)
KIND
NAME
ADDRESS
PHONE DATES
J un. 28. 2002 10: OAM
No.66!! P 6/8
H. SPECIAL INSTRUCTIONS FOR PARTNERSHIP APPUCANTS
1. If the applicant is a partnership, each partner and the manager must complete
Section B as is required of individual applicants.
2. The managing partncr(s) Ware; and the interest each has in the business is:
(Attach additional pages if necessaxy)
Full Name and Date of Birtb Interest
(Middle IniliaJ. not Acceptable)
a.
b.
c.
d.
3. A true copy of the partn=hip agreement must be attached.
4. If the partnership is required to file a certificate of a trade name under
provisions of M.S.A. Chapter 333. a copy of such certificate cmified by the
clerk of district collrt must be attached.
I. SPECIAL INSTRUCTIONS FOR CORPORATION OR OTHER ORGANIZATION
APPUCANTS
1. Applicant's name
2. If incorporated, state of incorporatiOll
Attach: a. A true copy of the certificate of incmporation
b. Articles of incorporation or association agreement
c. By-laws
d. If a foreign corporation attach II certificate of authority as
described in M.S.A. Chapter 303.
3. The name of the manager
The manager must complete Section B as is required of individual applicants.
"
Jun .28. 2002 10:47AM
No.6621 p. 5/8
D. List the fUll (middle initials nol acceptable) names and dates of birth of all individuals
to be licensed and working for the applicant in New Brighton.
a.
b.
c.
d.
*
Have you ever been denied a license by any community to conduct the type of
business for which this license is sought? [ J No [J Yes
Uyea, list all communities, dates, and reasons for denial. (Attaclt additional pages if
necessary)
E.
a.
b.
c.
d.
*
List the names, residential, and' business address of three Ramsey County residents of
good moral clWacter, not related to the applicant or financiaIIy interested in the
premises or business, who may be referred to as to the applicant's character.
F.
NAME
RESIDENTIAL ADDRESS BUSINESS ADDRESS PHONE
/
G. Please provide a description and address of the premises for which the license is
requested. Attach blueprints or a certifiCd sca1e drawing of the interior.
r---------- - - - - -
I Jun.28. 2002 IO:48AM
..' ..
flQ6611 P 8/8
RENEW AL APPLICA'UON FQR
[] ESCORT SERVICES, MASSAGE SALONS, RAP PARLORS, SAUNA
PARLORS, AND SERVICES
[J ACCESSORY USE LICENSE FOR MASSAGE AND/OR PERMANENT
MAKEUP TO BARBER SHOP/HAIR OR BEAUTY SALON - $130.00 per
calendar year
[J PERSONAL SERVICE LICENSE - $75.00 per calendar year
Name of Applicant
Resident Address
Resident Phone
Business Name
Business Addres.s
Business Phone
Signature of Applicant
Date
CommentS:
r,\POUCE2\MlJNUC\MIUa&eMaJ<cup'MASSl' AilL-REN
Jun,2B, 2002 10:48AM
No 6621 P 7/8
4. List all parties who control o. own an interest in excess of five percent in such
corporation or organization, who are officers of the COIpOl:ation 0%
organization i!U1 such persons must complete Section B as is required ot
individual applicants. (Attach additional sheets if necessary)
a.
b.
c.
d.
J. The City of New Brighton reserves the right to require any additiOllal information it
deell1!l applicable.
K.
Notice:
Photographs and fingerprints are required of individual applicants and
of each partner and managin~ agent for partnership, corporation, or
other Drl:anization applicants.
L. Af'FllWA TION
I hereby swear/affirm that the infonnation given ill this application is true and
accurate.
Signature of Applicant
Date
Sworn before me this
day of
, 19
Notary Public
Page 1 of 1
c~
Kim Sykes
From:
To:
Cc:
Sent:
Subject:
"Peterson, Tom W" <tpeterson@bonestroo.com>
"Kim Moore Sykes (E-maiO' <ksykes@centervillemn.com>
"Paul Palzer (E-mail)"<ppalzer@centervillemn.com>
Wednesday, July 17, 2002 10:49 AM
Buechler Estates
1~-i Y
~O6' Y if
Kim,
Paul asked me to email you regarding an overweight permit for Carl Buechler. This is necessary to
allow trucks to haul material on Mound Trail (currently a 5-ton axle limit) . We have been discussing
the street reconstruction in front of his development for several years. Now that homes have been built
on all the lots (except one), it is a good time to reconstruct the street.
This should be a council agenda item for Wednesday, July 24, 2002. I recommend we grant the
contractor a permit to haul road materials and equipment on Mound Trail, from CSAH 14 to 0.5 miles
west, for the purpose of reconstructing approximately 600 feet of street. Mr. Buechler is currently
obtaining quotes from several contractors for this work. The cost would be shared 50-50 by Mr.
Buechler and the City of Centerville.
If the work is done in July or August, the subgrade should be dry and hard. The trucks should not
damage the existing street. This permit is a necessary first step in the process to complete the work this
summer.
I will be available at the Council meeting to discuss this further.
Tom Peterson
Bonestroo Rosene Anderlik & Associates
651-604-4868
651-636-1311 (fax)
tpeterson@bonestroo.com
7/17/2002
tervi[{e
'Estafj[islied 1857
TO: Honorable Mayor and Council Members
FROM: Teresa Bender
SUBJECT: Spring Lake Park Lions Club/Centerville Lions Branch Club Raftle (Fete des Lacs)
DATE: Jlliy19,2002
There has been much confusion surrounding the Branch Club's rafile and the Centerville Lion's
submission of a BingolRaflle Application. Council at its June 26, 2002 approved a bingo permit for the
Centerville Lions. This approval can stay on record; however, it should be clarified that the bingo will
take place on two days Friday (August 2, 2002) 6:00 -10:00 p.m. and Saturday, August 3, 2002) 12:00-
4:00 p.m.
The Spring Lake Park Lions Club may hold a raffie at a licensed/leased location such as Kelly's Komer
without having to secure Council approval; however, the Centerville Lions Branch Club intends on
having the ra:ffle at Laurie LaMotte Park. A MN Gambling Control Board form LG230 is needed to
comply with all state regulations and if approved by Council may be obtained prior to the Festival per
Cindy of the MN Gambling Control Board.
It shollid be known that if the Centerville Lions choose to conduct this raffle they could and have
submitted the appropriate documentation; however, tickets have been printed with the Spring Lake Park
Lions Club as sponsors and their license llllll1ber was used 0 fthe raffle tickets.
Subsequent to numerous discussions with Craig Bode and attempts at contacting several members of the
Centerville Lions and Branch Club along with the Spring Lake Park Lions Club to no avajI, a completed
LG230 will be available by the Council meeting.
RICE CREEK WATERSHED DISTRICT
3585 Lexington Avenue N .Ste 330
Phone (651) 766-4191
f;,Ll.-#:ol JOlJ Fax (651) 1664196
~e'J~
, ~V)~.
;(.
Application to the Stream Bed & Bank Stabilization Program (SB8S)
Name _D ~I\J (' 01 p,~ <0
Street/City/Zip 7~o~ C~fi.A-fIL I2I'D'~
Telephone Number (day) (;1.2 <3''('1- SO 1 Y" (evening) bs7-~S 3-8'183
Estimated Project cos?;:) s-:~, ~ Grant Amount ReqUested~ sGl'O- <n5
,
Information to be Submitted: ~ Map showing project location
j{l Minimum of two detailed cost estimates
81 Dimensioned cross sectional and plan views of project site .
I;i..Short (several paragraphs) description of proposed project
including site history, alternatives considered, etc.
~ Photographs (optional) (I{ tl 1It15 fl/orbS
NOTICE TO APPLICANTS
Property owners are encouraged to work with their respective SoU & Water conservation Districts and city
staffs to develop applications. Applications should be submitted to your eitv oubHe works deoartment no
later than Julv 31". The infonnation and any city comments are then forwarded to the Watershed District.
Applicants will be notified of grant status by September 30.
Application support materials should aUow for an evaluation of the application and comparison of the
proposal with other projects. Applications that are incomplete or provide inadequate infonnation wUI not
be considered during the current funding cyde. These applications, and those which do not receive high
enough priority. may be improved and submitted for consideration during a future funding cycle. Un-
funded applications may be resubmitted by the applicant for consideration in a future funding year.
Applications requesting reimbursement for amounts excaeding $10,000 may require the applicant to
submit documentation showing attempts were (or are being) made to secure local or state .nnancial
assistence to augment District contributions.
j!\Ll,\ ~W'f0(U~^j
()/.J ik (,0-1>> of~ ~
.
CJ1 h, ~fur~~~) 4v f)a~99
U/]A-vJt; (,tL~'
PRAIRIE CIVIL CONSTRUCTORS
5455 260TH ST.
WYOMING, MN 55092
(651 )238-3726
Quotation
Number: E103
Date: April 10, 2002
Bill To:
IDON COLBERG
17209 CLEAR RIDGE RD.
1'",,'RY"" '" """.
PO Number
Tenns
Project
1004
RIP-RAP CLEARWATER
I
[Date
,
10/04/02
Description
RIP-RAP AND LABOR
UNITS/CYDS
Rate
Amount
1. 00
17,375.48
17,375.48
i
[
I
I I
ITHIS PRIC INCLUDES LABOR, M ERIAL, EQ IPMENTA D ALL
f','.,<C'.'-"
INSlJRANC .
Total $17,375.48
proposal
FROM:
Sub...i"od To:
,
I
02.. . 63 R.. I
I
Sheet No. I
\ I
Date ~h~\()'2J
P,opo.o' No.
Gunram
Construction, Inc.
20010 - 75th Avenue North
Corcoran, MN 55340
(763) 420-2140 FAX (763) 494-3951
No..e l::xn ~\ b1\g
~~;I &~__~~f!. \U~f,~_
Slate ""'""~. "55 Q,3 P,
relephone Number t-,5 I - l,., 53 -1(4-'1.3
We hereby propose to furnish all the materials and perform aJJ rhe labor necessary for the completion of
.sIFl~ . I ·
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S>~t.P.--.~, .~\P i ~p
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't~
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"l~;..; .
: r'W~ ~ ~
. \Ai-\ dL;. . \M.-
$.' .. ".
. 1C-1'AL.. . ~. . \ 0\500.00
~v'U- .~
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......................"......................................
. . .
. .
.................._......._......_...........__..............................un..........................................................
. . .
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~M.6mcXo,.., ~f ~P.'RAPi ~~y-\~IScj.
\>~~.~.~~.'."' ...........S?.~~.=~AL
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wp".:.fl.. ....
."~411b. 00
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-m. chv:u..t
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. V"4v'~\~, . {oP_ · 30'...
. . . · · · · . · · · -t. .. . · . . '. · · · · ·
""Tc5:tAC ... .2.500.00.
,.. -. -.
-. .. . .
...........................--.....
. .
. .
. .:... . . . . . . . . . .
. .
...............,........._.."...._...........-....._..~..._..............................
All material is guaranteed to be as specified. and the above work to be performed in accordance with the drawings and specifications
submitted for above work and completed in a susbstantlal workmanlike manner for the sum of Dollars ($ \ 'll '110 . 00 ).
(Quole includes Sales Tax}
.
~ SV
\i, *k. iIu.JL ~ v..J<ru>.~ bt.. ~500,O
with payment to be made as follows:
\0 ~ocl-
Any alteration or deviation from above specifications involving extra costs, will be executed only upon written orders, and will become
an extra charge over and above the estimate. All agreements contingent upon strik accident or d ys beyond u control. Workmen's
Compensation and Public Liability Insurance on above work to be taken out by
Respectfully submitted
Note - This proposal may be withdrawn by uS if not accepted within lob days
\. a
<: ~~I
ACCEPTANCE OF PROPOSAL
.a. above prices. specifications and conditions are satisfaclory and are hereby accepted. You are authorized to do the work as specified.
W"'ent will be made as outlined above.
Date Signature
In the event of non-payment or default for services rendered. collection costs and attorney fees may be added to this debt. 1 '12% monthly
interest on overdue acccQunts.
.3ul-01.-02 lO:38A Prem;er ::se'r"vices" LLt..:
t)51-4.b.J.-~:;'d:;)
.....uc::.:
Premier
Services, LLC
1/2 5ou/h Concord uchaitge South. St, Paul, MN 5)075-
Phone: (651) 451-2J88 Fax: (651) 451-2585
DA TE:
TO:
6/30/2002
Workorder IlJ:
Don Colberg
DON
1800
Bid Estimate
525,248.50
BID..
Colberg Remdence
7209 Clear Ridge
Centerviile,lvlN 55038
Project#:
Line
Item# Description
Unit
ofM
Est
Qty
Vnit Price
S IIhtotai
Earthwork &: Restoration of Area
Stabilization Method A -
75' Rip Rap Toe Protection
Stabilization Method B -
25' Vegetated Geogrid
Stabilization Method C -
30' Log Revetment
furnish &: Install as Specified
LS
J .DO 522,982.500
$22,982.50
Alternate Sodding of Dishlrbed Access Areas
Approx Area Disturbed 650 SY
Turf Areas Along House
Furnish 3< lnstail
LS
1.00
$2,266.000
$2,266.00
NOTE
Exclusions are: Survey & Testing
Pennits & Fees
Tree Protection
Fence &: Barricades
Erosion Control Fence
&xcIU.fIiUJ:I: (fJnles.r !:I~,'i{ji.'.tlly induJr:d abvW:J
Topsoil Ii'/' sod ,;md seed, mf/UJ/cmDnce /Lv .sod iU14t stX'd. thud 81~1I..l:. In:jjn{eJliUll.~t: :.JmJ Wn/OV:III)fsiJl ferl.:':, dr::bri~ OIn" I\x-'k Pll.:kiJt;,;. .klll1;J,.~t:S due to
nf!gicr:/ or vand.:JJi.sm, WI.'rK pt!rfCnllClt ulUlt;'J'/~jll$ cI.mdI1kms.
al:J~: (UIlJesst>~'IJjf.:'Ilily inc/ud,v ;tlul'c)
1.7UJJ1ges jll nIlllena! p!:~mc'I1' tmd dttwgt's in s~"ilk.:J.:ii..1tu m!l.v ;11t~..r ccnrracf tJ.,'Jl-eement. Vr:rHi4:<1IJL1rI ,)r~/utuffjJjt:.... "7/1 be I'cqW1'f:d 1xjon:~oJUrut:f
acct!plfJU/;'f.'. PritXS:JJ't:! /JJ ClTt:(.'/ iill' 3l'd.1YS :JJl.:r bid dAIt., P:lymcl11 withid :~o d4ys reqmred. If bolldin.~ 1.'1 n:quirr:d, .'Idd.'w Ilddi/i~}mll ].5%
.
Monday. July 01. Z002
Premier Services. LLC
Page 1 oJI
r -
U~'-~~-~4 .v.~~
," f -':=UO."=,,
__. .... ._C:lI_" __..........
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r ~ ........
Premier
Services. LLC
J J2 Sown Concord Exchange Soulh St. Paul, :it:\' 5j{}7J..
Phone: (65/) 451-2388 Fa;<: (651} 451-2585
DATE:
TO:
6/30/2002
Don Colberg
DON
Workorder [D:
1800
BID:
Colberg Residence
7209 Clear Ridge
Centerville, MN 55038
PROJECT#:
We are pleased to provide a priced quotation for the above project.
If there are allY questions, please call.
Thank you for your consideration.
"PJ?EMIEK SEKVICES, LLC IS A UNION CONTRACTOR"
~~
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Monday. July 01, Z002
Pug. 1 ofl
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f ACSOOLE TR..~1lSMITT AI.
coVER SH:UT
JIl!TRO ll!:SOB
DO "utne:."lT or IfAT1nL~ USOUllCES
1 eoo W'AlU(ER !tOAD
sr. PA~ lllf $5106'
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Dt>rt Co! b~
X: 6 { 2. -, If. , ~ S';?f.-, '7
ONf;; ~(-z. ~ 'f{~-~<J'Cff
.
MBER Of" PAGf".S INCLUDING FAX SBEEr; 2-
UOSE: x:
FOR YOUR INf'OftMATION _
AS YOU R~QUUl'ED
AS 1R DISCUSSED
FOR 'lOUR APPROVAL
FROM: -:]f"l;"'" Hove,y
FItX: (1051)712-7917
-
::n-Z-'T'1/b
PHONE:
_ TAKE. AfPltO'RIAn: ACTION
_ ~w ARD KTUftN
_ REnYTO SDIoEa
_ 0TIlER (Sa: REMARKS)
IiARKS:
.
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0;11 Ire. t';1(( \.If/V' V&. l""t."tl l'tV....II;...} Vt;/V,"
Fax:612-349-5027 Jui 1 '02 14:~ P.02/02
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eo{ .~\~ '--
St 9 \
j
,
og.
:>
~
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Tom Hovey
4.1"'" H.,"'iro,oglst, .~ ! l!~ C.,. (i'icrtla l!aif)
~"ktrc r{~~it)rl f6S I) '7i2-7910
1:':<.1 W.,rncr ROJd (t':':) 772-7923 D(rectIVlji~ Mail
-~1'~. .\~~..' ~"'!D6.67\'.-:' r65l) 772-7977 F:u.
1::,.7:0.,,_ :'.}'11. r.ove:-'&ONR.:)t;1le.rmu.l:l
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.
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.
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property line
.
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notes:
~
1. Do not scale drawings
~
f
2. Plans are provided for conceptual information only.
3. Do not take measurements from drawings.
4. All actual locations to be verified by contractor.
~
"o....l::-h
existing rip-rap
not to scale
house
.
property line
colberg residence
slope stabilization
7209 clear ridge
centerville. MN 55038
property owner: 65 f ,,<;;:1lN~i3
Donald W. Colberg
~lt () /silO
sheets:
L1.1
L2.1
L3.1-3.4
existing conditions
concept plan
details
BID DOCUMENTS
NOT FOR CONSTRUCTION
L 1.1
existing conditions
'.--.:::".... --~,-----f}
---------- ~~~~
-.j)- '- -q,y' ~
--
-..
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.
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.
,
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Stabilization Method C
see sheet L3.3
log revetment
notes:
"~ ~
Stabilization Method B,O
see sheet L3.2 \ \
-- ....", '\
t
~
-,
\
&\.
~
.~
; \
\ \
, \
.
I,
~
1. Do not scale drawings
l'
2. Plans are provided for conceptual information only_
3. Do not take measurements from drawings.
4. All actual locations to be verified by contractor.
Stabilization Method
see sheet L3.1
rip rap toe protection
~~
...........:c.....
.
\
~~.aa
tilL
~
tI
.,
.
,
f
--",,- ....... -
colberg residence
slope stabilization
7209 clear ridge
centerville, MN 55038
property owner:
Donald W. Colberg
.
:T
o
C
II>
(l)
sheets:
L1.1
L2.1
L3.1-3.4
existIng conditions
concept plan
deq.lls
BID DOCUMENTS
NOT FOR CONSTRUCTION
L 2.1
conCli'pt plan
method A - rip rap toe protection
not to scale
preserve existing stable
grade and vegetation
ordinary high water level
(OHW)
excavate toe of rip rap
\\
At
~/
/,/ ~
7- -
:\,. (
; - //
1 .....- ,~~
I~I .J
IV J
[ /
c--=--
3'max
colberg residence
slope stabilization
7209 clear ridge
centerville, MN 55038
property owner:
Donald W. Colberg
live stakes - see sheet L3.4
overhang may be cut back
slightly for stability
sheets:
geotextile - ends to be
anchored a minimum of 8" deep
beneath rip rap
L1.1
L2.1
L3.1-3.4
existing conditions
concept plan
method details
angular rip rap
12" to 18" diameter
1:1 slope max. 1.5:1 preferred
I water level
BID DOCUMENTS
NOT FOR CONSTRUCTION
.- -
'7
existing streambed
L 3.1
consruction methods
method B - vegetated geogrid
not to scale
anchor top of geotextile to
bank with dead stakes
existing eroded bank
compacted soil wrapped with
geotextile - 2 It. lifts maX.
wrap geotextile around
outside of layers
fill base layers below normal
water level with 6.12 in.
diameter rip fap
colberg residence
slope stabilization
7209 clear ridge
centerville, MN 55038
property owner:
Donald W. Colberg
live stakes - see sheet L3.4
place live dormant branches
between each layer
see sheet L3.4
sheets:
ordinary high water level (OHW)
L1.1
L2.1
L3.1-3.4
existing conditions
concept plan
details
normal water level
backfill toe with rip rap to stream
bed level
existing stream bed
---- excavate toe to a depth of 2 - 3 ft.
BID DOCUMENTS
NOT FOR CONSTRUCTION
3-4 It.
make trench 3-4 ft. wide and
slope back slightly toward bank
L 3.2
construction methods
method C .. log revetment
not to scale
place log at base of bank with
root end facing upstream
normal water level ___
existing stream bed .---""i
preserve existing grade
existing erOded bank
anchor log securely to bank on both
ends with cables and earth anchors
(drill holes through log for cables)
sink earth anchors to 6 ft.
min. depth
colberg residence
slope stabilization
7209 clear ridge
centerville, NtN 55038
property owner;
Donald w. Colber~
sheets:
L1.1
L2.1
L3.1-3.4
existing conditions
concept plan
details
BID DOCUME:NTS
NOT F=QR CONSTRUCTION
L 3.3
construction methods
method D - live stakes and brush layers
not to scale
LIVE STAKES:
colberg residence
slope stabilization
7209 clear ridge
centerville, MN 55038
property owner:
Donald W. Colberg
BRUSH LAYERS:
live, dormant shrub cuttings
1/2 to 1 inch diameter, 2-3 ft. long
remove side branches
leave bark and buds intact
bevel base end for soil penetration
cut top end square for hammering
make sure buds will point up when planted
sink approximately 2/3 to 3/4 of
the stake into ground, malting
sure to leave some buds above
ground. make pilot holes when
necessary
place in staggered rows
18-24 inches on center
use in combination with vegetated
geogrid, rip rap, and log
revetment where earth has been
disturbed or vegetation removed
live, dormant shrub branches
long enough to sink base end into existing bank
leave bark and buds intact
place perpendicular to slope face
buds and branches point away from bank
ACCEPTABLE PLANT MATERIALS:
Nannyberry
Red-osier Dogwood
Gray Dogwood
Pussy Willow
or approved equal
Viburnum lentago
Comus sericea
Comus racemosa
Salix discolor
place a 4-6 inch layer of sl'lrub
branches between each layer of
geogrid above normal water line
sheets:
L1.1
L2.1
L3.1-3.4
existing conditions
concept plan
details
place branches with basal ends
against back of slope face with
branch ends protruding from
between geogrid layers
BID DOCUMENTS
NOT FOR CONSTRUCTION
L 3.4
construction methods
,
RECEIPTS & DISBURSEMENT
JULY 2002
$120,000.00
$105,465.17
$-
$86,665.29
$100,000.00
$80,000.00
$60,000.00
$40,000.00
$20,000.00
$10,355.92
~
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~
0-.0
~
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~
0-.0
~~
0~
~~
~
Q.fP
CITY OF CENTERVILLE
JULY 10 THROUGH JULY 19, 2002
07/1910212:05 PM
Page 1
Tran Balch
Amount Date Refer Comments Name Account Oeser
FUND 101 GENERAL FUND
Act Type E
$2402 7/18102 o RETURN CHECK 7-18-02 E 101-43000-210 Operating Supplies
Act $24.02
Act Type G
$0.50 7/11102 07326 DEER PASS DRIVE - C 7-11-02 G 101-24503 Elee. Permit Surcharge
$84.50 7/11102 01778 DUPRE ROAD - 02-098 7-11-02 G 101-24500 Bldg. Permit Surcharge
$90.00 7/11102 06814GROUSEHOLLOW-0 7-11-02 G 101-24500 Bldg. Permit Surcharge
$0.50 7111102 o 7050 EAGLE TRAIL - C02-04 7-11-02 G 101-24503 Else. Permit Surcharge
$1.50 7/11/02 01545 PEL TIER LAKE DR - 02 7-11-02 G 101-24500 Bldg. Permit Surcharge
$200.00 7/11/02 06814 GROUSE HOLLOW - 0 7-11-02 G 101-24504 Site Main. Escrow
$200.00 7/11/02 o 1778 DUPRE ROAD-02-098 7-11-02 G 101-24504 Site Main. Escrow
$108.00 7/11/02 o 1735 DUPRE RD-02-095-L 7-11-02 G 101-24500 Bldg. Permit Surcharge
$200.00 7/11102 o 1735 DUPRE RD - 02-095 - L 7-11-02 G 101-24504 Site Main. Escrow
$3.00 7115102 07269 OLD MILL RD - 02-100 - 7-15-02 G 101~24500 Bldg. Permit Surcharge
$0.50 7115102 07040 BRIAN COURT - M02-0 7-15-02 G 101-24502 Mech. Permit Surcharge
$70.00 7/15/02 06977 PORTAGE WAY - SWIF 7-15-02 G 101-24500 Bldg. Permit Surcharge
$0.50 7/15/02 o 6971 BRIAN DRIVE - M02-04 7-15-02 G 101v24502 Mech. Permit Surcharge
$200.00 7115/02 06977 PORTAGE WAY - SWIF 7-15-02 G 101-24504 Site Main. Escrow
$200.00 7/18/02 02005 GATEWAY CIRCLE #02 7-18-02 G 101-24502 Mech. Permit Surcharge
$6.00 7118102 07131 BRIAN DR - 02-102- JO 7-18-02 G 101~24500 Bldg. Permit Surcharge
$0.50 7/18/02 o 6904 CENTERVILLE RD - 02- 7-18-02 G 101~24502 Mech. Permit Surcharge
$0.50 7118/02 o 7087 BRIAN DR - M02-046 7-18-02 G 101-24502 Mech. Permit Surcharge
$1.50 7/18/02 01705 CENTER STREET - 02- 7-18-02 G 101-24500 Bldg. Permit Surcharge
$0.50 7118102 o 7087 BRIAN DR - C02-051 7-18-02 G 101-24503 Elec. Permit Surcharge
$225.00 7/18102 02005 GATEWAY CIRCLE #02 7-18-02 G 101-24500 Bldg. Permit Surcharge
$0.50 7/18/02 o 1735 DUPRE RD - M02-045 7-18-02 G 101-24502 Mech. Permit Surcharge
$12.19 7/19/02 o UB UR Receipt Group 01 RE 7-19-02ul G 101-11500 Accounts Receivable
Act $1,605.69
ActType R
$25.00 7/11/02 o 1778 DUPRE ROAD - 02-098 7-11-02 R 101~32300 Site Maintenance Fees
$2,846.99 7i11lO2 o 1778 DUPRE ROAD - 02-098 7-11-02 R 101~32210 Building/Mech. Permits
$50.00 7/11102 o 1866 CENTER ST - RENTAL 7-11-02 R 101-32100 Rental/Liquor Licenses
$25.00 7/11/02 o 1778 DUPRE ROAD-02-098 7-11-02 R 101-32250 Mail Box Fees
$30.00 7/11102 07050 EAGLE TRAIL - C02-04 7-11-02 R 101-32225 Electrical Inspection
$400 7/11/02 o SNAKE PRESENTATION - W 7-11-02 R 101-34780 Recreation Fees
$33.00 7111102 o DOG TAG # 169 -1ST OFFE 7-11-02 R 101-32200 Animal Licenses
$33.00 7/11102 o DOG TAG # 168 & 1ST OFFE 7-11-02 R 101-32200 Animal Licenses
$172.10 7/11/02 01545 PELTIER LAKE DR- 027-11-02 R 101-32210 BuildingJMech. Permits
$22.00 7111/02 o 7326 DEER PASS DRIVE - C 7-11-02 R 101-32225 Electrical Inspection
$25.00 7/11/02 06814GROUSEHOLLOW-0 7-11-02 R 1D1~32300 Site Maintenance Fees
$2,974.04 7/11102 06814 GROUSE HOLLOW - 0 7-11-02 R 101.32210 Building/Mech. Permits
$25.00 7111/02 o 1735DUPRERD-02-095-L 7-11-02 R 101-32250 Mail Box Fees
$25.00 7/11102 06814GROUSEHOLLOW-0 7-11-02 R 101-32250 Mail Box: Fees
$3,389.84 7/11/02 o 1735 DUPRERD-02-095-L 7-11-02 R 101-32210 Buildlng/Mech. Permits
$25.00 7111/02 o 1735 DUPRERD-02-095-L 7-11-02 R 101.32300 Site Maintenance Fees
$1.00 7115102 o NOTARY SERVICE - J. MAGI 7-15-02 R 101.36200 Miscellaneous Revenues
$20.00 7115102 01853 PIONEER LANE -23-31 7-15-02 R 101.34107 Assessment Search Fees
$25.00 7/15/02 06977 PORTAGE WAY - SWIF 7-15-02 RIO 1-32250 Mail Box Fees
.
1
CITY OF CENTERVILLE
JULY 10 THROUGH JULY 19, 2002
07/19102 12:05 PM
Page 2
Tran Batch
Amount Date Refer Comments Name Account Oeser
$2,512.04 7/15/02 06977 PORTAGE WAY - SWIF 7-15-02 R 101-32210 Building/Mech. Permits
$20.00 7/15/02 07040 BRIAN COURT - M02-0 7-15-02 R 101-32210 Building/Mech. Permits
$2,210.14 7115102 o JUNE FiNESIFEES - ANOKA 7-15-02 R 101-35000 Fines and Forfeits
$26.00 7/15/02 o ELECTRICAL PERMiT SHOR 7-15-02 R 101-32225 Electrlcallnspection
$258.72 7115102 07269 OLD MILL RD - 02-100 - 7-15-02 R 101~32210 Building/Mech. Permits
$20.00 7/15102 o 6971 BRIAN DRIVE - M02-04 7-15-02 R 101-32210 BuHdinglMech. Permits
$20.00 7115102 o LOT 9 BLOCK 1 THE SHORE 7-15-02 R 101-34107 Assessment Search Fees
$25.00 7115/02 06977 PORTAGE WAY - SWIF 7-15-02 R 101-32300 Site Maintenance Fees
$25.00 7/16102 o 7087 BRiAN DR - C02-051 7-18-02 R 101-32225 Electrical Inspection
$16.00 7118102 o DOG TAGS # 170 & 171 -LIS 7-18-02 R 101-32200 Animal Licenses
$431.17 7/18102 07131 BRIAN DR - 02-102- JO 7-18-02 R 101-32210 BuitdinglMech. Permits
$172.61 7118/02 01705 CENTER STREET - 02- 7-18-02 R 1 01 ~3221 0 Building/Mech. Permits
$20.00 7/18/02 06904 CENTERVILLE RD - 02-7-18-02 R 101-32210 BuildingJMech. Permits
$6,092.54 7/18102 02005 GATEWAY CIRCLE #02 7-18-02 R 101-32210 8uilding/Mech. Permits
$25.00 7/18102 02005 GATEWAY CIRCLE 0027-18-02 R 101-32300 Site Maintenance Fees
$2.00 7/18102 o BiKING/SWIMMING - WARG 7-18-02 R 101-34780 Recreation Fees
$100.00 7118/02 o 1735 DUPRE RD - M02-045 7-18-02 R 101-32210 BuHdingfMech, Permits
$3.00 7/18102 07326 DEER PASS DR - PER 7-18-02 R 101-32225 EJectricallnspection
$40.00 7/18102 o 7087 BRIAN OR - M02-046 7-18-02 R 101-32210 Building/Mech. Permits
Act $21,770.19
FUND 10 $23,399.90
FUND 402 PARK CAPITAL PROJECT
ActType R
$20,000.00 7/18102
Act $20,000.00
FUND 40
$20,000.00
FUND 414 PEDESTRIAN TRAIL WAYS
Act Type R
$11,000.00 7118/02
Act $11,000.00
FUND 41
$11,000.00
o THE SHORES - GLENN REH 7-18-02
o THE SHORES - GLENN REH 7-18-02
FUND 415 STORM WATER IMP PROJECTS
Act Type R
$0.27
$2.73
$200.00
$6.56
$200.00
$200.00
$0.64
$200.00
$028
$6.16
711 0102
7/10102
7/11102
7/11102
7/11102
7/11102
7/11102
7/15102
7115/02
7/15102
o US Receipt Sarv Pen 10 ORA 7~10-02
o UB Receipt SeN 10 DRAIN F 7-10-02
o 1735 DUPRE RD - 02-095 - L 7-11-02
o UB Receipt SeN 10 DRAIN F 7-11-02ut
01778 DUPRE ROAD - 02-098 7-11-02
06814 GROUSE HOLLOW - 0 7-11-02
o UB Receipt SaN Pen 10 DRA 7-11-02u\
08977 PORTAGE WAY - SWIF 7-15-02
o UB Receipt SeN Pen 10 DRA 7 -15-02ut
o US Receipt SeN 10 DRAIN F 7-15-02ul
R 402-36200 Miscellaneous Revenues
R 414-36200 Miscellaneous Revenues
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
.
Amount
CITY OF CENTERVILLE
JULY 10 THROUGH JULY 19,2002
Tran
Date Refer Comments
Batch
Name
07/19/0212:05 PM
Page 3
Account Oeser
Act
$4,613,00
$1,500,00
$1,87
$214,25
$7,145.76
FUND 41
$7,145.76
FUND 601 WATER FUND
Act Type G
Act
$1.22
$1,22
ActType R
Act
$3,40
$34,00
$290,00
$1,500,00
$290,00
$290,00
$1,500,00
$173.27
$1.02
$18,84
$0,11
$1,500,00
$1,50000
$290,00
$4,500,00
$425,00
$22,69
$2,022,46
$211,94
$214,95
$18,70
$14,806,38
FUND 60
$14,807,60
FUND 602 SEWER FUND
Act Type G
$1,200,00
$1,200,00
$1,200,00
$1,200,00
$3,6()0,00
Act $8,400.00
Act Type R
7/18/02
7/18/02
7/19/02
7/19102
7/19/02
7/10102
7/10/02
7111102
7/11/02
7/11/02
7/11102
7111/02
7/11/02
7111102
7111/02
7111102
7111/02
7/15/02
7115102
7/18102
7/18102
7119102
7/19/02
7119/02
7f19i02
7/19/02
7/11/02
7/11/02
7/11/02
7/15/02
7/18102
o THE SHORES - GLENN REH 7-18-02
02005 GATEWAY CIRCLE #027-18-02
o UB Receipt Serv Pen 10 ORA 7-19-02ut
o UB Receipt Serv 10 DRAIN F 7-19-02ut
o UB Receipt Sure 1 SALES TA 7-19-02ut
o UB Receipt Serv Pen 1 WAT 7~10-02
o UB Receipt Serv 1 WATER 7-10-02
06814 GROUSE HOLLOW - 0 7-11-02
o 1735DUPRERD-02-095-L 7-11-02
o 1778 DUPRE ROAD-02-098 7-11-02
o 1735DUPRERD-02-095-L 7-11-02
01778 DUPRE ROAD - 02-098 7-11-02
o UB Receipt Serv 1 WATER 7-11-02u'
o UB Receipt Serv 30 WATER 7-11-02ut
OUBRecelptServPen1WAT 7~11~02ur
o UB Receipt Serv Pen 30 WAT 7~11-02ut
06814 GROUSE HOLLOW - 0 7-11-02
06977 PORTAGE WAY - SWIF 7-15-02
06977 PORTAGE WAY - SWIF 7-15-02
02005 GATEWAY CIRCLE #027-18-02
02005 GATEWAY CIRCLE #02 7-18-02
o UB Receipt Serv Pen 1 WAT 7-19-02ut
o UB ReceiptSeN 1 WATER 7-19-02ut
DUB Receipt Serv 1 WATER 7-19-02ut
o UB Receipt SeN 30 WATER 7-19-02u\
o UB Receipt Serv 15 WATER 7-19-02u\
01735 DUPRE RD - 02-095 - L 7-11-02
a 6814 GROUSE HOLLOW. 0 7-11-02
01778 DUPRE ROAD - 02-098 7-11-02
06977 PORTAGE WAY - SWIF 7-15-02
02005 GATEWAY CIRCLE #027-18-02
R 4-15-36200 Miscellaneous Revenues
R 415.32350 Storm Water DraInage Fu
R 415-32350 Storm Water Drainage Fu
R 415-32350 Storm Water Drainage Fu
G 601-20800 State Sales & Use Tax
R 601-37100 Water Sales
R 601-37100 Water Sales
R 601-34600 Water Meter Charges
R 601~37150 Water Connect/Reconnect
R 601-34600 Water Meter Charges
R 601 ~3460Q Water Meter Charges
R 601-37150 Water Connect/Reconnect
R 601-37100 Water Sales
R 601-34400 Safe Drinking Water Fee
R 601-37100 Water Sales
R 601-34400 Safe Drinking Water Fee
R 601-37150 Water Connect/Reconnect
R 601-37150 Water Connect/Reconnect
R 601-34600 Water Meter Charges
R 601-37150 Water Connect/Reconnect
R 601-34600 Water Meter Charges
R 601-37100 Water Sales
R 601-37100 Water Sales
R 601-3710Q Water Sales
R 601-34400 Safe Drinking Water Fee
R 601-37100 Water Sales
G 602~34407 Service AvaHabmty Charg
G 602~34407 Service Availability Charg
G 602-34407 Service Availability Charg
G 602-34~07 SeJVice Avallability Charg
G 602~344D7 Service Availability Charg
CITY OF CENTERVILLE
JULY 10 THROUGH JULY 19, 2002
07/19/0212:05 PM
Page 4
.
Tran Batch
Amount Date Refer Comments Name Account Oeser
$44.55 7/10/02 o UB Receipt Serv 6 SEWER 7-10-02 R 602-37200 Sewer Sales
$4.45 7/10/02 o UB Receipt Serv Pen 6 SEW 7-10-02 R 602-37200 Sewer Sales
$2.000.00 7/11102 06814 GROUSE HOLLOW - 0 7-11-02 R 602-37250 Sewer ConnectlReconnec
$129.17 7/11/02 o UB Receipt Serv 6 SEWER 7-11-02ut R 602-37200 Sewer Sales
$2,00000 7/11102 o 1778 DUPRE ROAD - 02-098 7-11-02 R 602-37250 Sewer ConnectJReconnec
$2,000.00 7111102 o 1735DUPRERD-02-095-L 7-11-02 R 602-37250 Sewer ConnectJReconnec
$12.66 7/11102 o US Receipt SeN Pen 6 SEW 7-11-020t R 602-37200 Sewer Sales
$2,000.00 7/15/02 06977 PORTAGE WAY - SWIF 7-15-02 R 602-37250 Sewer Connect/Reconnec
$5.00 7115102 o US Receipt Serv Pen 6 SEW7-15-02ut R 602-37200 Sewer Sales
$103.32 7115/02 o UB Receipt Serv 6 SEWER 7 -15-02ut R 602-37200 Sewer Sales
$6,000.00 7118102 02005 GATEWAY CIRCLE #02 7-18-02 R 602-37250 Sewer ConnectlReconnec
$3,381.06 7119102 o UB Receipt Serv 6 SEWER 7 -19-02ut R 602-37200 Sewer Sales
$31.70 7119102 o UB Receipt Serv Pen 6 SEW 7-19-02ut R 602-37200 Sewer Sales
Act $17,711.91
FUND 60
$26,111.91
FUND 801 ESCROW FUND
Act Type R
$1,500.00
$1,500.00
7115102
7/15/02
01608 HUNTER'S TRAIL - HO 7-15-02
06865 BEAVER POND WAY - 7-15-02
R 801-36235 Escrow Deposits
R 801-36235 Escrow Deposits
Act
$3,000.00
FUND 80
$3,000.00
$105,465.17
FILTER: (([Period] in(7) and [Act Year] = '2002') and [Tran Nbr] in(10, 13)) and (((((Not [Tran Date]=#7/8/2002#))) AND
((Not [Tran Date]=#7/1/2002#))) AND ((Not [Tran Date]=#7/2/2002#)))
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CITY OF CENTERVILLE
07/19/0211:33AM
Page 1
*Check Summary Register@
Name
JULY 2002
Check Date
Check Amt
10100 MAIN 5TR~ET BANK
Paid Chk# 017145 AID ELECTRIC CORPORATION
Paid Chk# 017146 CENTENNiAL FiRE DISTRICT
Paid Chk# 017147 CORNER EXPRESS
Paid Chk# 017148 CULLIGAN
Paid Chk# 017149 EARL F. ANDERSEN INC
Paid Chk# 017150 EPA AUDIO VISUAL
Paid Chk# 017151 GOLDENGATE INTERNET SERVICES
Paid Chk# 017152 INSTRUMENTAL RESEARCH INC
Paid Chk# 017153 IRS/MAIN STREET BANK
Paid Chk# 017154 MET. COUNCIL ENV. SERVo (50S)
Paid Chk# 017155 MINNESOTA DEPT OF REVENUE
Paid Chk# 017156 MN DEPT. OF ECONOMIC SECURITY
Paid Chk# 017157 NATiONWIDE RETIREMENT SOLUTION
Paid Chk# 017158 ON SITE SANITATION
Paid Chk# 017159 PC SOLUTIONS,INC.
Paid Chk# 017160 PRESS PUBLICATIONS
Paid Chk# 017161 PUBLIC EMPLOYEES INS PROGRAM
Paid Chk# 017162 PUBLIC EMPLOYEES RETIREMENT
Paid Chk# 017163 SUBURBAN INSPECTIONS
Paid Chk# 017164 SWEENEY, KRIS
Paid Chk# 017165 TIME SAVER
Paid Chk# 017166 US BANK CORPORATE TRUST SVCS
Paid Chk# 017167 US BANK'
Paid Chk# 017168 WISCONSIN DEPART. OF REVENUE
Paid Chk# 017169 XCEL ENERGY
FILTER: None
7124/02
7/24/02
7/24102
7124102
7124/02
7124/02
7/24102
7/24/02
7/24102
7124/02
7124102
7124102
7/24102
7124/02
7124102
7124/02
7124102
7124/02
7124/02
7124102
7124/02
7124/02
7/24/02
7124/02
7/24/02
Total Checks
$545.68
$19,016.50
$187.87
$49.83
$367.43
$63.90
$55.00
$30.80
$3.968.57
$9,167.60
$608.68
$187.00
$1,084.00
$902.60
$11,605.54
$392.00
$4,380.22
$1,699.91
$418.77
$25.53
$410.38
$28,890.01
$448.09
$281.34
$1,878.04
$86,665.29
Centennial Fire District
Check Register
7/8/2002
The disbursements listed below are submitted by the Centennial Fire District for your approval:
DATE
71212002
7/2/2002
7/2/2002
7/2/2002
71212002
7/2/2002
7/2/2002
7/212002
712/2002
7/2/2002
71212002
7/212002
7/2/2002
712/2002
712/2002
71212002
71212002
712/2002
CHECK# NAME
13278
13279
13280
13281
13282
13283
13284
13285
13286
13267
13288
13289
13290
13291
13292
13293
13294
13295
C-N-S Helmet Division Pro-Rider, Inc.
Centennial Utilnes
Determan Brownie, Inc.
Emergency Apparatus Maintenance
-Void-
Fairview Lakes Clinic
Frattalone's Hardware
Hugo Feed Mill & Elevator
McLeod USA
Metro Fire
Metrocall
Mid America Specialties
Milo Bennett
New Lffe Industries
Oxygen Service Company, Inc.
Postmaster
Verizon Wireless
Viking Office Products
1 of 1
ACCOUNT
45010 - Safety Camp Expense
42251 - Station 1 - Gas
42130 - Equipment Expense
42017 - Other Vehicle Maintenance
00000 - Void
42150 - Medical Physicals
42130 - Equipment Expense
42110 - Other Maintenance
42240 - Telephone Expense
42130 - Equipment Expense
42240 - Telephone Expense
42190 - Fire Prevention Supplies
42180 -Office Supplies
42280 - Miscellaneous Expense
42270 - Breathing Air
42180 - Office Supplies
42240 - Telephone Expense
42180 - Office Supplies
Total
AMOUNT
667.50
121.97
1,145.07
89.00
0.00
180.00
59.90
18.98
362.94
182.13
73.32
121.73
3.30
436.15
79.33
111.00
157.45
111.l2
$3,921.52
Centennial Fire District
Check Register
7/1712002
The disbursements listed below are submitted by the Centennial Fire District for your approval:
DATE
7/1612002
7/1612002
7/16/2002
7/1612002
7/1612002
7/1612002
7/1612002
7/16/2002
7/1612002
7/1612002
7/1612002
7/1612002
7/1612002
7/16/2002
7/16/2002
7/16/2002
7/1612002
7/1612002
7/1612002
7/1612002
7/16/2002
7/16/2002
7/1612002
7/1612002
7/1612002
CHECK# NAME
13296
13297
13298
13299
13300
13301
13302
13303
13304
13305
13306
13307
13308
13309
13310
13311
13312
13313
13314
13315
13316
13317
13318
13319
13320
Amoco Oil Company
Cameron Haapoja
Centennial Firefighter's Relief Assn.
Cilgo Petroleum Corp.
City of Uno lakes
Connexus Energy
David Bruder
Determan Brownie, Inc.
Emergency Apparatus Maintenance
loffler Business Systems
Metro Fire
M~o Bennett
Orkin Exterminating
Oxygen SeNice Company, Inc.
Pioneer Products
Owes!
Sentry Systems, Inc.
Viking Office Products
Xcel Energy
Heiman Fire Equipment, Inc.
"'''VOID-.
City of Uno lakes
Hennepin Technical College
Minnesota Fire SelVice Certification Board
Ideal Printing & Embroidery
1 of 1
ACCOUNT
42100 - Fuel and lube
42110 - Other Maintenance
43010 - Relief Association
42100 - Fuel and Lube
43030 - Common Area Charge
42252 - Station 1 - Electric
42000 - Vehicle Maintenance
42130 - Equipment Expense
42000 - Vehicle Maintenance
42110 - Other Maintenance
42130 - Equipment Expense
42180 - Office Supplies
42110 - Other Maintenance
42270 - Breathing Air
42130 - Equipment Expense
42240 - Telephone
42110 - Other Maintenance
42180 - Office Supplies
42254 - Station 2 - Electric
45600 - Donated Items Expense
00000 - VOID
41000 - Payroll Expenses
42220 - Travel, Conference, School
42220 - Travel, Conference, School
45600 - Donated Items Expense
Total
AMOUNT
231.53
78.00
6,460.00
185.25
5,777.75
279.32
364.76
24.26
800.02
56.15
579.35
19.68
51.12
105.00
3,930.75
297.85
60.55
108.62
523.84
7,500.00
0.00
35,839.20
793.20
360.00
196.00
$64,622.20
CENTENNIAL FIRE DISTRICT
7741 Lake Drive
Lino Lakes, MN 55014
(651) 784-7472
July 1, 2002
City Administrator
City of Centerville
1880 Main Street
Centerville, MN 55038
Dear Mr. March
Below is an invoice for your share of the Centennial Fire District budget.
INVOICE
Quarterly Payment
Operating Budget
Depreciation
Relief Association
Common Area Charge
Capital Equipment
Total
14,533.00
0.00
682.00
701.50
3,100.00
19,016.50
Payment is requested by the 30th of the month. Each additional quarterly
payment will be billed accordingly.
Thank you.
Sincerely,
7/U;1~
Milo Bennett
Fire Chief
~ntennialXllnvoice 2002
CENTENNIAL FIRE DISTRICT
The 2002 Budget for Centennial Fire District is distributed by city as follows.
The calculations are based on the following percentages.
Centerville
Circle Pines
Lino Lakes
Total
Budget Items
Operating Budget
Depreciation
Relief Association
Common Area Charge
Capital Equipment
Total
Invoice amount by city
Centerville
Operating Budget
Depreciation
Relief Association
Common Area Charge
Capital Equipment
Total
Circle Pines
Operating Budget
Depreciation
Relief Association
Common Area Charge
Capital Equipment
Total
Lino Lakes
Operating Budget
Depreciation
Relief Association
Common Area Charge
Capital Equipment
Total
Total all Cities
12.40%
21.30%
66.30%
100.00%
468,806
0
22,000
22,631
100.000
613,437
Yearly Quarterly
58,132 14,533.00
0 0.00
2,728 682.00
2,806 701.50
12,4QO, .~.. 3.100.00
76,066 19,016.50
99,856 24,964.00
0 0.00
4,686 1,171.50
4,820 1,205.00
21,300 5,325.00
130,662 32,665.50
310,818 77,704.50
0 0.00
14,586 3,646.50
15,005 3,751.25
66.300 16.575.00
406,709 101,677.25
613,437 153,359.25
Quarterly Payments Due: January 31, April 30, July 31, October 31
CentennialX/lnvoice 2002
1880 :Main Street . Centervi[[e, :M'J{ 55038
(651) 429-3232 .:!a;c (651) 429-8629
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF CENTERVILLE
RESOLUTION #02 - 026
RESOLUTION AUTHORIZING ST. GENEVIEVE'S CHURCH TO RECEIVE A
TEMPORARYIEVENT LIQUOR LICENSE - "ON SALE, 3.2 BEER PERMIT"
WHEREAS, pursuant to Council receiving a request and a properly completed
application form submitted by St. Genevieve's Church to receive a temporary/event
liquor license - "On Sale, 3.2 Beer Permit" for their annual Chicken Dinner scheduled for
Sunday, August 18, 2002 from II :00 a.m. to 5 :00 p.m. on their premises located at 7087
Goiffon Road; and
WHEREAS, pursuant to Council's consideration, the above stated information and a
copy of the church's certificate of insurance indell1l1iJYing the City of all liability
associated with this event and the sale of liquor; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
CENTERVILLE, MINNESOTA:
I. Hereby authorizes the City Clerk & Mayor to issue a temporary/event
liquor license - "On Sale, 3.2 Beer Permit" to St. Genevieve's Church for
the above stated time and requirements. Attachment: TemporarylEvent
Liquor License No.: 2002-01.
PASSED AND ADOPTED by the City Council this 24th day of July, 2002.
Attest
Mayor
City Clerk
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1880 Main Street . Centervilfe, M9{. 55038
(651) 429.3232 .:Faa:. (651) 429.8629
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF CENTERVllLE
RESOLUTION #02 - 027
RESOLUTION AUTHORIZING THE CENTERVILLE LIONS TO RECEIVE A
TEMPORARYIEVENT LIQUOR LICENSE - "ON SALE, 3.2 BEER PERMIT"
WHEREAS, pursuant to Council receiving a request and a properly completed
application form submitted by The Centerville Lion's Club to receive a temporary/event
liquor license - "On Sale, 3.2 Beer Permit" to sell beer at the Fete des Lacs - City
Celebration with the hours of sale being Friday, August 2, 2002 from 6;00 p.m. - 11;30
p.m., Saturday, August 3, 2002 from 12;00 noon - 11 ;30 p.m. and Sunday, August 4,
2002 from 12;00 noon - 4;00 p.m. on the premises located at Laurie LaMotte Park, 6970
LaMotte Drive (near the ball fields and in the hockey/skate park rink; and
WHEREAS, pursuant to Council's consideration, the above stated information, a copy of
the Lion's certificate of insurance indemniJYing the City of all liability associated with
this event and the sale of liquor, fencing of the areas of sale, allowable entrance of minors
(under the age of 21) accompanied by a parent in the area of sales and abiding by the
Centennial Lakes Police Department requirements; and
NOW THEREFORE, BE IT RESOL YED BY THE CITY COUNCIL OF
CENTER VILLE, J\.1INNESOT A:
1. Hereby authorizes the City Clerk & Mayor to issue a temporary/event liquor
license - "On Sale, 3.2 Beer Permit" to the Centerville Lion's Club for the above
stated times and requirements. Attachment: TemporarylEvent Liquor License
No.: 2002-02
PASSED AND ADOPTED by the City Council this 24th day of July, 2002.
Attest
Mayor
City Clerk
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'Estab[isfwi 1857
1880 Main Street _ Center-riffe, M9{ 55038
(651) 429-3232 -:F~ (651) 429-8629
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF CENTERVILLE
RESOLUTION #02 - 028
RESOLUTION AUTHORIZING THE CENTERVILLE LIONS TO RECEIVE A
TEMPORARY /EVENT LIQUOR LICENSE - "ON SALE, 3.2 BEER PERMIT"
WHEREAS, pursuant to Council recelVlllg a request and a properly completed
application form submitted by The Centerville Lion's Club to receive a temporary/event
liquor license - "On Sale, 3.2 Beer Permit" to sell beer at a State Softball Tournament
with the hours of sale being Friday, August 23, 2002 from 6:00 p.m. - 10:00 p.m.,
Saturday, August 24, 2002 from 8:00 a.m. - 10:00 p.m. and Sunday, August 25, 2002
from 10:00 a_m. - 8:00 p.m. on the premises located at Laurie LaMotte Park ball fields,
6970 LaMotte Drive; and
WHEREAS, pursuant to Council's consideration, the above stated information, a copy of
the Lion's certificate of insurance indemnifying the City of all liability associated with
this event and the sale of liquor, fencing of the area of sale, allowable entrance of minors
(under the age of 21) accompanied by a parent in the area of sales and abiding by the
Centennial Lakes Police Department requirements; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
CENTERVILLE, MINNESOTA:
1. Hereby authorizes the City Clerk & Mayor to issue a temporary/event liquor
license - "On Sale, 3.2 Beer Permit" to the Centerville Lion's Club for the above
stated times and requirements. Attachment: TemporarylEvent Liquor License
No.: 2002-03.
PASSED AND ADOPTED by the City Council this 24lb day of July, 2002.
Attest
Mayor
City Clerk
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CITY OF CENTERVILLE
CITY COUNCIL MEETING
July 10, 2002
6:30 p.m.
Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled
meeting on July 10, 2002, at City Hall, 1880 Main Street.
PRESENT:
Mayor Tim Swedberg
Council Member Capra
Council Member Dick Travis
Council Member Mari Nelson
coun. cil Member Linda Broussard Vickf\n 0 ~
None W@
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ABSENT:
STAFF:
City Administrator Ms. Moore-Sykes
City Engineer, Mr. Tom Peterson
City Attorney, Mr. Jim Hoeft
I. CALL TO ORDER
Mayor Swedberg called the July 10, 2002, City COUl'lcil meeting to order at 6:30 p.m.
II. SET AGENDA
Council Member Capra requested that Capital Projects Analysis be added as Item 12
under Council Business.
Council Member Capra indicated she would like to discuss the Park and Recreation
Charitable Gambling and Life Time Achievement Awards.
Council Member Broussard Vickers asked that the Executive Session be moved up in the
agenda to after the Liquor License item
Ms. Moore-Sykes indicated that Glen Powers of Quebec Street would like to address
Council concerning flooding issues.
Motion bv Council Member Nelson. seconded bv Council Member Capra to
approve tbe aeenda as presented. All in favor. Motion carried unanimously.
III. A W ARDS/PRESENT A TIONS/APPEARANCES
1. Dong Jost. 7304 Brian Drive (Eagle Brook Church Proposal)
Page 1 of32
,
#.
Mr. Jost addressed Council and indicated that he was there representing the HERON
group which is a group that was formed in opposition to the Eagle Brook Church
property which includes an 84,000 square fuot 2100 seat auditorium and a 10 acre
parking lot. He then aid that HERON feels that the development will greatly increase .
the traffic levels in the area and permanently impact the quality of life for those living
near the development.
Mr. Jost indicated that HERON feels that the development would have a negative impact
on wildlife, quality of life, and property values and his group would like to know what
role the City of Centerville will play in the approval process.
Mayor Swedberg explained that the City recently heard of the proposal but has not
discussed it with Lino Lakes. He further explained that Lino Lakes would have the
primary jurisdiction over approval ofthe project.
Mr. Jost indicated HERON feels the quality of life will be degraded due to the noise
pollution and traffic.
Mr. Jost said HERON feels that there are better places to put that church other than in an
agricultural zone. He then asked if Centerville would have any input on the project.
Council Member Capra 'indicated that Lino Lakes was a good neighbor when the dome
project was being discussed and had invited Centerville to be in on the discussions but
the City has not yet heard on this proposal.
Council Member Travis asked if HERON had looked at the church's website. He then
said he reviewed it and, in his opinion, he does not feel the development would
negatively impact the area because the church intends to use only approximately 15 acres
of a 92-acre site. He then indicated the City could not express an opinion that they are
opposed to it when the City has only heard one side of the story at this point. He further
stated that he is not sure the City would be opposed to it as it may be good fur the area.
Mr. Jost said he completely disagreed with Council Member Travis because going from
an agricultural site to a developed site creates additional run off and other issues. He then
said that the City may find that there are a lot of residents that support HERON and do
not want to have this type of development put in their backyards.
Council Member Travis asked what kind of development should be there.
Mr. Jost said it is agricultural property and HERON feels it should stay that way.
Council Member Travis said there is one thing that can solve the problem of keeping the
development out and that would be for HERON to buy the property.
Page 2 of32
Mr. Jost commented that HERON does not feel that all development is progress and they
are concerned about this development.
Council Member Capra indicated the City could address traffic as it runs through
Centerville and then said that NEMO could get involved to ensure water quality
protection.
Mr. Jost handed out some information to Council.
Council Member Broussard Vickers suggested that Mr. Jost request to be formally
notified by Lino Lakes of any meetings involving this issue.
2. Mr. Bill Bisek. Lion's TemporarylEvent 3.2 Liquor License (State Softball
Tournament)
Mr. Bill Bisek of 7098 Centerville Road addressed Council and indicated he was there
representing the Lions Club and requesting a temporary event permit to serve alcohol
during the state softball tournament being hosted by the Lions. He then indicated the
Lions intended to follow all health code regulations as established by Anoka County.
Council Member Capra indicated she had talked to Mr. Bode today and found out that
usually when an event like this happens the proceeds are eannarked for a specific cause.
She then asked if the proceeds had been eannarked in this case.
Mr. DeVine indicated that the Lions have done that for the Haunted House.
Council Member Capra asked whether a portion of the proceeds from the sale of alcohol
would be given to the City.
Mr. Bisek indicated that 100% of profits have to go back to the community so at the end
of the fiscal year the Lions account has a zero balance. He also indicated the LionS have
been working with Park and Recreation on a recommendation.
Council Member Capra indicated her question is will the profits received from hosting
the ball tournament be eannarked for a specific use such as little league or Park and
Recreation or does that only happen with the Haunted House.
Mr. DeVine indicated the profits are not eannarked at this time and the Lions are open to
discussing eannarking 50% of the profits for a specific purpose. He then said the Lions
club is at a turning point right now where there are a lot of young members and the
potential is there to start generating a real profit that ultimately benefits Park and
Recreation for the City. He further indicated that the Lions had vendors for the
tournament last year and the vendors made a lot of money and the Lions have decided to
vend the tournament themselves this year.
Page 3 of32
Council Member Capra asked what the hours would be and how late the lights would be
lit.
Mr. Bisek indicated it would depend on the weather and the amount of teams but said
they would try to follow the City's light ordinance and that is 10:30 p.rn. He also
indicated that Sunday would not be late.
Council Member Nelson asked if this is the same softball that was in conjunction with the
festival last year.
Mr. Bisek indicated this is a state tournament rather than a regional tournament.
Council Member Nelson asked if there would still be a softball tournament during the
festival.
Mr. Bisek indicated there would also be a tournament during the festival. He then said
that any costs incurred to Park and Recreation will be paid for through funds raised
during the tournament so there will be no cost to Park and Recreation or the City.
Council Member Broussard Vickers indicated this issue could not be decided until
Council decides whether liquor will be allowed in the park.
3. Glen Powers. 1870 Ouebec Street
Glen Powers, 1870 Quebec Street, indicated the grade at his house is illegal based on
Ordinance #8 and he would like Council to have it fixed to improve drainage in the
development. He also indicated that, if Council does not resolve the matter, he intends to
seek legal assistance with the problem.
Mr. Palzer indicated he has not discussed the matter recently but remembers there was an
issue when the subdivision went in.
Council Member Capra asked if Mr. Powers lived on the comer.
Mary Matthiesen, 1874 Quebec Street, indicated she is on the comer and said that it was
her understanding when the area is graded there is an easement between homes and if go
to the back it is dry but it is wet 10 feet in which cuts off the middle of the yard. She then
indicated that when she moved in they were hauling away three loads of dirt and Mr.
Thill was told by Mr. Rehbein he could buy his dirt back fur $50.00 per load.
Mayor Swedberg asked if this is a problem for the entire neighborhood.
Mr. Powers indicated the entire subdivision was not graded properly.
Mr. Peterson indicated he could go out and check the grading level to see if there is an
issue.
Page 4 of32
Ms. Moore-Sykes indicated there is a problem in the area with water flowing out to the
street and freezing during the winter/spring and causing slippery conditions.
Mayor Swedberg asked Staff to look into it and report back to Council
IV. PUBLIC HEARlNG(S)
1. Ordinance #4 (Zoning & Land Use)
Mayor Swedberg opened the public hearing at 7:55 p.m.
There was no one present to speak on Ordinance #4.
Motion bv Council Member Nelson, seconded bv Council Member Capra to close
tbe public bearinl!:. All in favor. Motion carried unanimouslv.
Mayor Swedberg closed the public hearing at 9:38 p.m
V. COUNCIL BUSINESS
]. Centerville Lion's Request for Temporary/Event 3.2 Liquor License
Mayor Swedberg indicated that when he has something to say and wants to be brief and
he writes it out.
Mayor Swedberg read a prepared statement concerning the liquor license it is as follows:
At the June 2, Council meeting I pulled from the consent agenda the temporary liquor
permit for the Fete des Lacs. I want to take this opportunity to provide the facts
surrounding my decision.
There are two areas I will address:
I. The laws of Centerville
2. The filets about last year's Fete des Lacs
Tbe Law and Public versus Private
This City is bound by the laws created by past City Councils. I took an oath, as did all
members of this Council, to uphold those laws. I do not have a choice nor do the Council
Members have a choice about following the ordinances of this City.
The only guide to the Council is the written ordinance as it was published and presented
to the citizens of this community. Intent does not matter.
Page 5 of32
The question arises how can you make a distinction ix:tween public and private lands
with St. Genevieve's the example.
Let's look at the law:
I quote the following from Ordinance #13, An Ordinance Licensing and Regulating the
Sale and Consumption of Intoxicating Liquor (please note that the ordinance was
originally adopted on November 17, 1967 and has been amended from time to time, but
Section 8, Subdivision 3 has not been amended.):
"Section 8. Restrictions on Purchase Sale and Consumption. Subdivision 3. NO person
shall mix or prepare liquor for consumption in any public place, place of business or club
not licensed to sell "On-Sale" and no person shall consume liquor in any public place,
unless a Consumption and Display Permit shall have been first acquired from the Liquor
Control Commissioner of the State of Minnesota by the person seeking to mix or prepare
liquor for consumption."
That is a pretty strong statement, "no person shall consume liquor in any such public
place..." but it does leave the door open that a permit could be authorized for a public
place.
The next law I went to is the proposed revision of the current Ordinance #13. Council
has held two meetings with licensees and has learned from the Chief of Police that
underage consumption is one of the major enforcement concerns of the Centennial Lakes
Police Department. Several example ordinances were offered during the meetings with
discussions revolving around a City of Plymouth Liquor Ordinance and the Model Liquor
Ordinance from the League of Minnesota Cities. I quote from Section 5 of the Model
Ordinance:
Section 5. Consumption in Public Places.
"No person shall consume intoxicating liquor or 3.2 percent malt liquor in a public park,
on any public street, sidewalk, trail, parking lot or alley, or in any public place other than
on the premises of an establishment licensed under this ordinance, in a municipal liquor
dispensary if one exists in the city, or where the consumption and display of liquor is
lawfully permitted."
That is about as clear as one can get. The licensee's never raised this section as a concern
in two meetings. In filet, the Model Ordinance was provided to licensees in advance and
Council went over each section line by line. Not once did any licensee raise a concern
about Section 5. In filet, the major concern of licensee's was process and penalties.
Now the League of Minnesota Cities is an impartial service for all municipalities in
Minnesota This is their recommendation and I think it is both wise and has withstood
legal challenge.
Page 6 of32
Furthennore, Ordinance #11 - An ordinance authorizing the issuance of temporary non-
intoxication malt liquor licenses is mute about where such permits may be issued, but it is
quite clear about the hours of operation. I quote from Section 7 Sales, Closing Hours;
Vacation of Premises:
''No sales of non-intoxicating malt liquor shall be made by the holder of a temporary "on-
sale" non-intoxicating malt liquor license during any time in which such license is not
valid. Provided, however, that in no event shall any such sale be made between the hours
of one o'clock (1:00) a.m. and eight o'clock (8:00) a.m.
All customers of the licensee shall vacate the premises for which a temporary "on-sale"
non-intoxicating malt liquor license has been issued by the time specified on the license,
which shall not be later than ten (10:00) p.m. It shall be the responsibility of the licensee
to assure compliance with this requirement, and non-compliance shall constitute grounds
for revocation of such license."
One other interesting side note is in Section 5 Issuance of License it states and I quote,
''No license shall be issued under this Ordinance if it appears that the issuance of such
license will endanger the health, safety, or morals of the public."
But, that is not the last law that I looked at. In Centerville, all of the Ordinances through
65 have been codified and placed in various chapters - in essence a book of laws.
Chapter 92 concerns Parks and Recreation and I quote:
.,
"92.05 Alcoholic Beverages; Intoxication.
(A) No person shall possess, display, consume or use intoxicating liquor or 3.2 malt
liquor in any public park or public grounds.
(B) No person shall enter or be upon any public park or public ground while under the
influence of any intoxicant. (Ord. 41, passed 10-12-83).
It further states in 92.07 Hours.
No persons, except authorized city personnel, shall enter or be in or remain in any public
park or public grounds between the hours of 10:00 p.m. and 7:00 a.m. (Ord. 41, passed
10-12-83)."
So when I raise valid concerns based on the appropriateness of an activity in a public
place it is not based on personal whim, but the law that I swore to uphold. The issue at
St. Genevieve's is not the same as a public place.
As always, should a majority of this Council make a decision on this issue I will support
the decision of the Council and sign documents presented to me.
As fur as liquor ordinances are concerned, I believe it is inappropriate to fine people
haphazardly, especially where there is no clear process. In December, I voted not to fine
Page 70f32
licensees when a process was not in place. I went further by scheduling meetings with
the licensees to address their concerns and I believe the Draft Ordinance is clear, fair, and
addresses all parties concerns. The public will have their opportunities to address the
issue as well.
I do have some filcts that I would like to make known:
Money
After many months of trying to ascertain the final accounting figures on the 2001 Fete
des Lacs celebration the numbers were run on November 26,2001 and given to Council
in early December. The data showed income of$14,813.17 and expenses of$27,789.29.
The 2001 Audit Report of the City (page 14C. Deficit Fund Equity Notes to the
Financial Statements December 31, 2001) the Fete des Lacs incurred overall debts of
$34,962 that had to be paid by taxpayers through the General Fund. The City has closed
this fund.
The City never could get an answer as to what funds were kept by the Lions for the 2001
Fete des Lacs.
The Hugonian reported a loss of $3,000, but the facts are a $13,000 loss in 2001 and
$34,962 overall loss.
Carnival
At the August 22 Council Meeting Council Member Capra, "questioned if there was an
expense for the carnival?" Mr. DeVine indicated the carnival was ofno expense to the
committee, and explained the festival committee received a portion of the revenues after
a certain portion of revenues was gained. The City wrote a check to Herr Family
Amusements on May 3,2001. Advanced ticket sales amounted to $551.00 and expenses
for the carnival were $2,615.64. A loss of $2,100. Why was there no income from Herr
Family Amusements on the weekend of the Festival? Also never explained was an
expense of$847 for advanced ticket sales on August 17.
The filets are that based on the above prior performance the City Council was not willing
to underwrite the Carnival. In filet, the Council made it quite clear that it would support a
transfer of $10,000 to the Centerville Lions to be specifically used for fireworks and the
parade. In filct, the Lions received that check early in the year.
Support for the Fete des Lacs
In the Quad Press a statement is made, "The last two years, the festival was organized by
a city committee, until the above council members decided it wasn't fiscally responsible
to pay for a festival, even though the cost to the city was less than $4,000."
Page 8 of32
I have previously covered the actual losses of the festival, but let's talk about the
committee. In filet the committee resigned. It did so on the rumor that there was no
support for the committee, according to Karla DeVine. The committee resigned even
though the proposed 2002 budget contained money for the committee. Once the
committee resigned, Council did abolish the committee. IN fact, Council on May 23,
2001 unanimously adopted the Goals of the City with the following statement:
"Community pride and celebration are important components of the health of every city.
Council appreciates the volunteer spirit and effort of the many people and sponsors who
make the annual event a success. Council will pay in advance up to $35,000 annually for
bills properly identified as necessary for the conduct and performance of the annual
festival. The committee is encouraged to broaden the activities and events to be inclusive
of all segments of the popuIation from youth to seniors, businesses to churches, and
nonprofit groups."
Tonight we are here to discuss the issue of whether a temporary liquor permit should be
issued for Laurie LaMotte Park. I have no qualms in supporting a permit on private
property, but as I have stated there is a clear legal directive on public property. Again, I
base all my decisions on sound facts and law and I am comfortable with my decision at
the prior Council meeting based on these facts as I have presented them this evening.
I know there are several members that wish to speak to the issues of this meeting. I will
recognize them first and we will follow with the statements of the public.
Please pay careful attention to the rules of this meeting:
1. No member of Council or the public will speak unless recognized by the Mayor.
2. If you wish to speak from the audience, raise your hand and come forward to the
podium and state your name and address for the record.
3. NO one will interrupt any speaker at any time. Everyone will have an opportunity
to speak.
4. Council Members may ask questions after a speaker has finished their
presentation.
5. Any person who uses profanity, yells or disparages the integrity of anyone in the
view of the Mayor will lose their opportunity to address the Council and will be
asked to leave the chamber.
6. Please be brief in your remarks. At least as briefas I have been.
7. If you have side conversations please take them outside. It is not fair to the
speakers for noise to distract from their remarks.
Does anyone have any questions about how this meeting will be conducted? I recognize
any members that wish to speak to the issues of this evening.
Council Member Capra asked Mr. Hoeft to comment on the matter.
Page 9 of32
City Attorney Hoeft indicated that alcohol cannot be consumed in the park without a
license to do so. He then indicated the City could approve a temporary license for
alcohol sales on park property if they so desire.
Council Member Capra indicated she had included in Council packets a memo to Council
concerning the issue and then read her memo: It is as follows:
I would like to address the Council with an option for the City festival regarding the use
of alcohol in the city parks and the issues, which have, arose over this topic.
I have spoken to Deputy Chief Makela with the Centennial Police Department and
several surrounding communities including the City of St. Paul regarding their policies.
Through my search for information and regulations on this topic I have come up with the
following recommendations for the Council's consideration:
1. The alcohol needs to be contained in a fenced in area such as a beer garden, in
which all alcohol purchased need to be consumed. No alcohol will leave this
designated area. If any person outside of this corded off area is found with
alcohol they will be requested to dispose of their alcohol by dumping it out.
2. Deputy Chief Makela has suggested no one under the age of 21 be permitted in
the beer garden area. This I believe should be able to be accommodated easily
and should only be an issue for persons under the age of21 attending the dance.
Maybe something could be worked out differently for managing the alcohol at the
dance.
3. The City of Centerville and the Centennial Lakes Police Department will be
notified oftimes and locations of alcohol sales during the festival.
4. The approval of this permit would be based on any additional requirements the
Centennial Police Department deems necessary for the safety and well being of
the citizens of the City of Centervi1le.
Council Member Capra indicated she was looking into whether there is a law that allows
for a $100 fine for alcohol consumption in the parks and would ask that, if there is one,
that law be enforced during the festival.
Council Member Capra indicated there would need to be officers on patrol and officers at
the park attending the dance and asked if the Lions had planned for that.
Ms. Peil indicated the Lions had hired two off duty officers last year and one was in and
out of the area and the second was at the door.
Mr. DeVine indicated those officers were off duty Centennial Lakes officers paid by the
Lions and the Lions have ordered two more for this year.
Ms. Pei! indicated there would be one at the softball fields and one in the rink during the
dance.
Page 10 of32
Mr. Bisek indicated the Lions have two trailers ordered so the Lions do not have to move
them.
Council Member Capra indicated she would like to see alcohol sales stop at 11:15 since
the dance goes to midnight as that would give 45 minutes to get cleaned up and off the
premises.
Ray DeVine indicated that Mayor Swedberg continues to bring up his name with regard
to the accounting numbers for last year's festival. He then said that the Centerville City
Clerk was in charge of all the accounting for the festival last year not Ray DeVine.
Mayor Swedberg said, "you do not disagree with the numbers do you?"
Mr. DeVine said he has not seen them.
Council Member Nelson asked if Mr. De Vine had approved expenditures.
Mr. DeVine indicated he was in charge of providing the City Clerk with requests for
funding.
Council Member Nelson asked if Mr. DeVine kept track of the numbers.
Mr. DeVine indicated it was just off of the top of his head.
Council Member Capra indicated she believed the request could be accommodated based
on the advice of the City attorney. She then said that she believes the requirement in the
ordinance that no alcohol be allowed in the parks is a good requirement but feels the City
can make an exception for the festival.
Mayor Swedberg indicated it sounds like there are three Council Members that will
approve a permit tonight and asked if any others wished to speak to the matter or if
Council should move toward a vote on the issue.
Mr. De Vine indicated the Lions would agree to an 11 :30 p.m. cutoff time for sales. He
then asked if the City would want the softball area fenced off as well.
Mr. Bisek indicated he has spoken to Assistant Chief Makela and has no problem with
fencing off the area where the beer sales are as, obviously, the intent of this is to not
allow sales to underage people.
Council Member Capra indicated the fencing off of the beer garden area is to respect
those that would prefer not to have alcohol at the festival
Mr. Bisek indicated this is a fumily event and he does not see why, ifhe chooses to do so,
he could not take his 16 year old son into the beer garden with him to have a beer while
his son has a pop. He also commented there may be single parents who would like to
Page 11 of32
enjoy an alcoholic beverage but cannot leave their children unattended. He further
commented that he does not feel the age restriction is necessary as the Lions have
conducted the event properly for 12 years.
Council Member Broussard Vickers indicated she had voted to approve the permit the
first time around and said she does not feel the need to fence in an area because if she
wants to buy a beer and sit in the bleachers and drink it she should be able to do so. She
then said she had requested information regarding alcohol related incidents for this event
in past years and the information provided showed no spike in alcohol related incidents or
public <In.!nkenness. She further indicated that, if it takes a fence to get the majority vote
she would agree, bnt rather than saying no one under 21 allowed she would like to allow
children accompanied by parents to be in the beer garden.
Motion bv Council Member Broussard Vickers. seconded bv Council Member
Travis to approve the CenterviUe Lions request for a temporary/event liquor license
for the Fete des Lacs Festival with the fendnl! requirement for the two locations.
sales to stop at 11:30 P.m. and to allow children accompanied bv their parent to be
in the beer I!arden. The approval Is subiect to any and all requirements of the
Police and Fire Deoartments.
Council Member Capra asked if there was a resolution for approval. She then indicated
she has a concern with children being allowed because one year there was a parent that
was purchasing alcohol fur a minor child.
Council Member Capra indicated she would not deny the permit based on that concern
but she asked the Lions to be on the look out for that sort of behavior.
Council Member Nelson indicated her discussion would be that she will vote no based on
the fact that she does not believe the approval is in accordance with City Ordinance.
Council Member Broussard Vickers indicated the City does have an ordinance that says
no drinking in the park without a permit.
City Attorney Hoeft clarified that Ordinance # II allows for the issuance of this type of
license and looking at that ordinance it contains in it sales closing hours and location.
Under Section 5 it indicates that the license will be issued by the Clerk only by resolution
of the City Council and says that the license shall contain the location and times the event
is taking place. He further explained that the City has an ordinance that was approved
that allows Council to change the conditions on a case-by-case basis by resolution. He
also indicated that the general rules of construction indicate that the specific overrules the
general and this allows Council to set location and time as opposed to the general
ordinance fur parks that says you cannot consume alcohol in the parks.
City Attorney Hoeft indicated the ordinance allows discretion to set other conditions
because granting the license is completely discretionary by Council.
Page 12 of32
City Attorney Hoeft explained that these ordinances were located late this afternoon and,
after being made aware of them, it is his opinion that that granting the permit does not
directly conflict with the other ordinances because it is a specific ordinance that allows
Council to do something rather than a general ordinance.
Council Member Nelson asked City Attorney Hoeft to address the issue of not after 10:00
p.rn.
City Attorney Hoeft indicated the Ordinance allows the City to list the location, date and
time of day the permit will be valid.
Council Member Nelson indicated Section 7 says all customers shall vacate the premises.
City Attorney Hoeft indicated that under Subsection E that is another condition to be set
by resolution.
City Attorney Hoeft indicated the times in the Ordinance are the default times unless set
by resolution.
Betsy Scheller, 7389 Old Mill Road, said it very disappointing to see a City celebration
tainted by this type of questioning of the license. She then said that is not to say she does
not appreciate the hard work Council is doing but she thinks this is something that should
have been done early on in the planning stages for the festival.
City Attorney Hoeft indicated that he would have a resolution prepared for the next
meeting.
Ms. Scheller indicated the City should have said up front no alcohol if that was the intent
because so many good hearted people put etfurts into volunteering and she thinks it is
disheartening to see their efforts tom down and, although that may not be the intent, there
is a perception of that and it does not encourage volunteering.
Ms. Scheller also indicated that those that have written articles have overreacted and that
is also not the best way to resolve things.
Ms. Scheller then made mention that there were interruptions which was a violation of
the rules as set by the Mayor and then said she did not think the Mayor could IIIllndate
that no one swear due to the first amendment.
City Attorney Hoeft indicated the Mayor does not have to let residents speak at all.
VOTE: Aves - 3. Navs - 2 (Nelson/Swedberu). Motion carried.
Mayor Swedberg indicated the City would issue the permit as soon as the resolution is
approved.
Page 13 of32
Motion by Council Member Broussard Vickers. seconded by Council Member
Trayis to approve the Lions request for a temoorary/event liquor license durin2 the
state softball tournament on AU2ust 23. 24 and 25. 2002 snbiect to the required
insurance. Fire Department and Police Department approvals. fencin2 requirements
and the hours of operation of 6:00 p.m. to 10:00 p.m. Friday. 8:00 a.m. to 10:00 p.m.
on Saturday and 10:00 a.m. to 6:00 p.m. on Sunday. Minors are to be allowed in the
beer 2arden fenced area if accompanied by a parent. The permit fee is waived.
Council Member Nelson asked if the fee should be waived as was done for the festival.
Council Member Broussard Vickers indicated the fee should be waived as the Lions are a
civic organization and this is a fundraiser.
VOTE: Ayes - 3. Nays - 2 (Nelson/Swedber2). Motion carried.
2. Acorn Creek Park Trail
Tom Lee, 7179 Brian Drive, addressed Council and indicated that the trail from Brian
Drive to Acorn Creek Park is rapidly decaying and desperately in need of repair. He then
said that a letter was sent to the developer but that seems silly because the developer is a
member of Council.
Council Member Broussard Vickers indicated that Mr. Travis had spoken to Mr. Lee and
there is an agreement that the trail needs repair. She then said that the City should set a
certain time to have it repaired and step in to do the repairs if it is not done.
Council Member Capra asked if the City could do the repairs and assess for them.
City Attorney Hoeft indicated if there was escrow money or letter of credit that could be
used or the City could look at recovering the cost from the developer.
Council Member Travis indicated he was not approached by anyone from Park and
Recreation but had heard about this issue by hearsay.
Mr. Lee indicated there was a short line in the minutes of October 2001 concerning the
condition of the trail and then three months ago when Park and Recreation did the walk
around the trail had gotten much worse.
Council Member Travis indicated he has been working on it with the watershed for two
months and said he has discussions once a week with Bonestroo. He then indicated there
is a problem with the design and there is a much bigger issue than just blacktopping it.
He further indicated the trail would be fixed as soon as possible.
Council Member Capra asked ifit could be done by September.
Page 14 of32
Council Member Travis said he is hoping to be able to get to it next week if the water
goes down. He then said it became a design issue when they made part of the
sedimentation pond for the development half of Forest Lake is draining down that ditch
and there was no way to design for that and it needs to be fixed. He further stated that he
will fix it and asked that anyone with any concerns call him to discuss it.
Louis Thill of 1485 Mound Trail indicated there is a runoff issue at the new Rehbein
development and asked that the City look into silt fencing or some type of barrier to keep
the sediment from reaching the lake.
Staff agreed to look into the matter.
3. Resolution #02-023 - Carpenter PropertY
Council Member Capra indicated she would like to table this matter until Royal Oaks
Industrial Park pays the City the outstanding amount of$36,788,30.
Motion bv Council Member Capra to table this matter until the monies owed to the
City have been paid.
Marcell Eibensteiner of Royal Oaks Realty indicated he was not aware of any money
owed to the City.
Mr. Rehbein indicated he had received his letter and it is not right.
Mr. Eibensteiner indicated he had not yet seen the letter.
Council Member Capra indicated that the City has been looking into its accounting
practices and realized that there were fees billed to the City never passed onto the
developers and that is what the invoice was for.
Council Member Nelson indicated that Royal Oaks owed $36,738.76.
Council Member Travis said he did not think that was correct because the City put in the
infrastructure out there.
Ms. PauIseth indicated the City agreed by Resolution to contribute $65,000 or $66,000
toward the project.
Ms. Paulseth indicated she would be willing to review the matter with Mr. Eibensteiner.
Mr. Eibensteiner asked if Council could approve the Resolution contingent upon payment
of the fees.
City Attorney Boeft indicated that the Resolution would authorize staff to begin the
proceeding contingent upon entering into an agreement with Royal Oaks for payment to
Page 15 of32
the City of any fees associated with the process. He then said that he would be coming
back to Council for approval of that agreement before beginning the process which
means the City could approve the Resolution without obligating the City.
The previous motion fulled for lack of a second.
Council Member Broussard Vickers indicated she was not ill favor of the eminent
domain.
Mayor Swedberg said he felt that eminent domain is a strong power of the City to be used
in extreme circumstances.
Motion bv Council Member Travis, seconded by Council Member Nelson to
approve Resolution #02-023 as presented.
Council Member Nelson indicated the reason she seconded the motion is because this
was already agreed to by motion at a previous meetings. She then indicated she would
like to make sure the capital project funds are received from Royal Oaks before the
process begins.
VOTE: Ayes - 3, Nays - 2 (Broussard VickerslSwedbem). Motion carried.
4. Pheasant Marsh Second Addition Final Plat
Mr. Peterson indicated he had reviewed the Plat and has no issues with it.
Council Member Nelson asked if the trail is in the right location.
Mr. Peterson indicated the trail is not shown on this plat.
Motion by Council Member Nelson, seconded by Council Member Travis to
approve the final plat for Pheasant Marsh Second Addition based on the
recommendation of the City Enl!ineer. Ayes - 4, Nays - 0, Abstain - 1 (Broussard
Vickers), Motion carried.
5. Sheehy Lot Split Request
Mr. Larry Nielsen indicated he had forwarded to the City a survey of the 20-acre parcel
He then indicated his client wishes to split the property into a five acre parcel and a 15
acre parcel with the primary purpose being to sell off the 15 acres. He also indicated he
would like Council to consider splitting the special assessments between the two parcels.
Mayor Swedberg asked if there would be an issue with getting a trail easement across the
property.
Page 16 of32
Mr. Nielsen indicated he had met with City Staff concerning the easement across the
south portion of the property but said he had not yet met with his client and is not sure
whether he would be agreeable to the easement request.
Council Member Broussard Vickers indicated that Council has not allowed assessments
to be split in the past.
Council Member Nelson indicated she would want the assessments paid.
City Attorney Hoeft indicated that on one occasion Council did not require that the
assessments be paid up front and it did not work out very well but noted Council may
choose to split the assessments if it so chooses.
Mr. Nielsen indicated he makes the request with hat in hand and agreed on behalf of his
client to have the assessments paid in full up front if that is the direction of Council.
Mr. Palzer indicated there is no public road easement to the new five-acre parcel. He
then said he is not sure if the City can request road easement through that area when the
City looks at extending 21 st Avenue.
Council Member Broussard Vickers asked if the building met the industrialJcommercial
square footage guidelines.
Mr. Palzer indicated the five-acre parcel would but the structure does not.
Council Member Broussard Vickers indicated it would become nonconforming.
Mr. Palzer indicated the structure is already nonconforming.
Council Member Nelson asked whether this went to Planning and Zoning and if there is a
recommendation.
Council Member Travis indicated that the Planning and Zoning Commission had
recommended approval of the lot split request.
City Attorney Hoeft indicated that, other than making sure the lot is legal size, the only
other issue is that of the assessments.
Motion bv Council Member Broussard Vickers. seconded by Council Member
Nelson to approve the lot split request for the Sheehy property R24-31-22-23-0003
with assessments to be paid in fuR at the time of the split u~on the recommendation
ofthe City Attornev.
Council Member Travis indicated there are usually utility easements and asked if that
needed to be addressed at this time.
Page170f32
Mr. palzer indicated it was not subdivided as a plat just a simple subdivision. He then
indicated that Staff would deal with the utility easements during the building permit
process.
VOTE: Allin favor. Motion carried unanimouslv.
Council recessed at 8:30 p.m.
Council reconvened at 8:40 p.rn.
Motion bv Council Member Broussard Vickers. seconded bv Councll Member
Capra to table the Liquor Ordinance discussion due to the leneth of this meetine
and to allow time for one more work session with the principals involved.
Mr. Bisek indicated there were two license holders not at the meeting due to lack 0
communication.
Mr. Bisek indicated he could not agree to a date on behalf of the two not in attendance.
Council agreed to schedule the work session for July 22, 2002 at 6:30 p.rn.
VOTE: All in favor. Motion carried unanimouslv.
Motion bv Council Member Broussard Vickers to table the executive session
because she is not aware of what the issues are and is not prepared to discuss thines
at this time.as well as due to the Ieneth ofthe meetine.
Council Member Nelson said she was not sure she would be ready to table it.
Council Member Broussard Vickers indicated she would like to hold the executive
session now if it is not tabled in order to allow ample time fur the discussion.
6. Capital Proiects
Ms. Pau1seth indicated she had been doing an analysis of the capital project funds to
determine why there were negative balances and bad realized that these were actually
fees owed to the City by developers for various costs. She then indicated in some cases
there had been a practice to require a $5,000 escrow for engineering fees which does not
usually cover all the engineering costs and the City had not billed developers for the
overages.
Ms. Paulseth indicated she has been establishing project ledgers for all new projects.
Council Member Capra asked if the City has letters of credit for the developers.
Ms. Paulseth indicated the letters of credit are used as security for the private
improvements. She then noted that most of the letters of credit had expired.
Page 18 of32
City Attorney Hoeft indicated the developer is not required to keep the letter of credit
current if the private improvements are in and done. He then said that the developer is
still responsible for those fees but the City needs to ask for the funds from the developer
rather than tapping into the letter of credit.
Ms. Paulseth indicated that in some cases the City reduced the letter of credit.
Council Member Capra asked why the City would do that.
City Attorney Hoeft indicated the developer may request a reduction after certain things
are completed.
Ms. Paulseth indicated there is a formal process to close the project and that has not been
done.
Council Member Broussard Vickers asked for a listing of outstanding engineering items
to determine whether there are items unfinished that will continue to incur costs and
require another letter to developers.
Ms. Paulseth indicated she had been working with Mr. Peterson and Mr. Palzer to make
sure any over sizing of watermains or sewer pipes were calculated and properly credited
in her calculations.
Council Member Nelson clarified that if the funds are not collected the City will need to
pay for those out of its general fund to wash out the balances.
Ms. Paulseth said she feels there is a real good chance that a lot of the outstanding
amounts can be collected.
Council Member Nelson asked if the City has any more accounts running with a negative
balance.
Ms. Paulseth indicated she had found that the City did not bill for snowplowing and street
sweeping since the winter of 1998/99.
Mayor Swedberg asked if other areas need correction
Ms. Paulseth indicated she had begun working on the budget for the upcoming budgeting
sesslOns.
Mayor Swedberg thanked Ms. Paulseth for her hard work.
7. Resolution #02-025 - Deferred Compensation Tax Payment to IRS
Page 19 of32
Motion by Council Member Nelson. seconded by Council Member Capra to direct
Staff to research cafeteria or flex plans to replace the deferred compensation pIan.
Council Member Capra asked if Mr. Hoeft would set that up.
City Attorney Hoeft indicated he could assist in that but said the City would want to get
someone that will present the nuts and bolts of the plan and take care of creation of the
plan for him to review.
Mayor Swedberg asked that Staff get going on the plan right away because it takes time
to implement the plan.
Ms. Moore-Sykes indicated that it is Staff's intent to have the plan in place for Council
approval by the end of the year to begin the first of next year.
Council Member Capra asked if an attorney from Mr. Hoeft's office would be sending
the check to the IRS.
City Attorney Hoeft indicated that Mr. McDonald would be handling that with input from
his firm. He then indicated he bad been told that they are not anticipating a penalty or
interest but will wait to hear from the IRS.
Council Member Broussard Vickers asked if there was a statute of limitations within
which the IRS cannot impose interest and a penalty.
City Attorney Hoeft indicated it is generally after 7 years but said he would not assume
anything with the IRS and said the more time that passes the better position the City is in.
VOTE: All in fayor. Motion carried unanimously.
Motion by Council Member Nelson. seconded by Council Member Capra to
approve Resolution 02-025 authorlzine tax payment to the IRS in the amount of
$6.072.00. All in favor. Motion carried unanimously.
8. Resolution #02-024 - Transfer Funds Retro-Active
Motion by Council Member Capra. seconded by Council Member Nelson to
llPprove Resolution 02-024 to approve the transfer of funds retroactive. Ayes - 4.
Nays - l(Broussard Vickers). Motion carried.
Council moved the executive session to this point in the meeting.
Executive Session to Discuss Ms. Moore-Sykes
Page 20 of32
Ms. Moore-Sykes requested that her portion of the executive session be held during open
session.
Ms. Scheller asked what the City's intentions were with regard to the lake front property.
Council Member Broussard Vickers indicated that Park and Recreation had discussed
recommending the City try to do something to acquire the property because it may be the
last opportunity to acquire Iakefront property. She further indicated it is a matter of
economics at this time.
Ms. Moore-Sykes indicated that the property owner is conducting an appraisal and will
provide the price to the City upon completion of that process.
Council Member Travis suggested asking the County whether it wished to purchase the
property before the City spent the money to buy it.
Council Member Capra indicated she had spoken to Mel Dupre who worked for the St.
Paul Water Department and he had suggested having Staff research the deed to the
property to see if there is language that when the St. Paul Water Utility no longer needs
the property it reverts back to another entity.
Council Member Broussard Vickers suggested approaching Lino Lakes.
Mr. Sweeney indicated the City did that a few years ago and, at that time, Lino was not
interested in that portion of property.
Ms. Scheller asked if the City would be forming an ad hoc or task force group.
Council Member Broussard Vickers said she had no issue with residents forming a group
to work on fundraising ideas.
Executive Session
Mayor Swedberg asked if both sessions were open.
Ms. Moore-Sykes indicated hers would be open.
Council moved to the executive session at 9:09 p.rn.
Ms. Moore-Sykes indicated she opened her session because she has no idea what this is
about other than being told it concerned office dynamics.
Council Member Capra indicated she had told Ms. Moore-Sykes she would be requesting
an executive session for employee performance and the issue is office dynamics.
Page 21 of32
City Attorney Hoeft indicated this would only be for employee review of the City
Administrator.
Council Member Capra indicated that when the City was without an anministrator and
issues came up Council had agreed to bring the issue to Council rather than discuss
individually and that is the reason for bringing this to Council.
Ms. Moore-Sykes indicated she had recently had a performance evaluation.
Council Member Capra indicated this is a specific issue and that is why she is bringing
this about. She then said that for a personal relationship she believes she could have sat
down with Ms. Moore-Sykes individually but Council agreed to handle issues such as
this as a whole rather than individually. She then said that this is not a huge deal but
thinks it needs to be brought to the attention of Council. She further commented that she
is not looking to fire anybody.
Council Member Capra read a prepared statement. It is as follows: (This section pasted
in as provided by Staff..no corrections were made.)
July 10, 2002
Due to the attorney requesting names not be used you will find in italics the replacement
of names.
I am requesting the executive session in regard to the employee performance of Ms.
Moore-Sykes.
I have concerns over the issue and how Ms. Moore-Sykes has handled this with city staff.
I can respect Ms. Moore-Sykes concerns and she has had them for several weeks over a
particular individual even offering a bid on the computer project.
The city attorney has reassured us we are fine with regard to this issue and with Council
member Nelson removing herself from the issue completely.
I do not have a problem with Ms. Moore-Sykes expressing her concerns over the
potential conflict of interest prior to our decision being made. I did not have a problem
with Ms. Moore-Sykes expressing her personal concerns to the council over the way the
decision was made and her opinion feeling the staff was "left out of the loop" in making
the decision.
What I do have a problem with in this situation is it is evident she brought her concerns
out to the office staff and voiced her opinion. I believe Kim needs to refrain from
discussion with staff regarding this issue and her personal opinions.
When I came to city hall that Friday afternoon to find Kim Moore-Sykes working on the
receptionist computer I told her this will all be taken care of hopefully in the next few
Page 22 of32
weeks. She then informed me we are putting a hold on the decision until we meet as a
council. I stated I would be fine with waiting two more weeks for this matter to be
cleared up. She then informed me we would be having a special meeting on Monday
evening.
I told her I believed the decision had been made in my opinion and they're really was no
issue. The issue was between the Mayor and herself. It was at this point a staff member
informed me this decision could affect campaigns of council members and that people
will make this an issue. Another staff person gave comment on Nano Systems being the
lowest bid. I expressed Nano systems was just for equipment no installation.
Further discussion ensued in the front office and Ms. Moore-Sykes stated her concern is
that this is an elections year and this could look very bad for any council member running
for office.
I expressed my disappointment in staff questioning any decision had anything to do with
a council members son or Mari. I could hardly believe that they would assume a council
member would make a decision based on that. Staff did clarifY that was not their intent to
judge but to point out how this would look.
When Kim was hired I personally informed her of my concerns over rumors that past
administrators would discuss council decisions and directive with staff and pull them
apart. I discussed with Ms. Moore-Sykes how it was rumored past administrator use to
allow staff to sit and watch council meeting tapes and make jokes about council
members. I discussed with Ms. Moore-Sykes how in the past it was rumored past
administrators use to themselves make derogatory comments about council decisions and
council members during staff meetings. Ms. Moore-Sykes expressed her opinion on this
was inappropriate behavior and she would not allow anything like this to happen under
her leadership.
I would like the council to consider a verbal warning be given to Ms. Moore-Sykes on
her inappropriate behavior regarding a council directive. Her actions in my opinion
insited staff and I believe disrupted the function of city hall for the entire day on that
Friday.
Ms. Moore-Sykes is a representative of the city council and it is her duty to fulfill council
directives even when they differ with her personal opinions. Further more if she has
concerns or issues regarding a council directive she will not undermine the council by
discussing it with staff. She is the administrator of this city and I am hopeful working
together with the council we can turn this around.
As elected official of the people it is our responsibility to question for we are the
administrators boss. I would like further remind this council of all the problems we have
faced and continue to face by unquestioned trust past councils had placed in
administrators it has cost us greatly.
Page 23 of32
I have no problem with staff voicing concerns prior to a council decision being made, but
after a council decision has been made staff needs to cooperate with any outside parties
involved in completion of the council directive. The only concerns staff needs to address
regarding any council directive would be unlawful practices or cost over runs. Staff
greatly leave this city open fur potential litigation regarding predigest if they continually
question approved council directives.
Ms. Moore-Sykes indicated she did not think her comments or behavior were
inappropriate and said she apologized if Council Member Capra feh that way. She then
clarified that they were all working in the front office when the discussion ensued and
said she should have invited Council Member Capra hack to her office rather than
continuing the discussion in front of the other office Staff.
Council Member Capra said as discussed in her office that morning if she had concerns
she had no problems with that but when it filters out into the Staff office she thinks it
creates a big mess.
Ms. Moore-Sykes commented that some of these issues are public and discussed and
Staffwill have opinions on them which she cannot control.
Council Member Capra commented that she thinks the issue was with the Mayor and how
he handled the situation. She then said she had recommended that Ms. Moore-Sykes
contact the Mayor. She further stated that Ms. Moore-Sykes should have told Staff she
was handling the matter rather than allowing Staff to become involved in the discussion.
Ms. Moore-Sykes indicated that the Mayor was not involved in the discussions in the
afternoon.
Council Member Capra indicated she feh that Ms. Moore-Sykes should have stopped
Staff from commenting on the elections and that is a concern to her but she said she feels
the matter can be worked out.
Mayor Swedberg said you have comments and we talked about at length and you
continue to be concerned about those issues one thing that I have a question about is
Council passed a motion that all public hearings would be televised. He then indicated
that Plannine and Zoning had been discussing ordinances and asked whether any public
hearings were held at that level and, if so, were they televised.
Ms. Bender indicated there was one public hearing concerning the Sheehy lot split.
Mayor Swedberg said he would remind you that the directive was that all public hearings,
as a directive of Council, are to be televised.
Council Member Broussard Vickers indicated she had a different concern with regard to
this and her concern is with how this request was made. She then indicated it was left in
a public venue which she thinks may have violated some privacy information because the
Page 24 of32
employee names were placed out in public view and she bas a concern for opening up the
City to liability.
Council Member Capra commented that they were accused of not being public last time.
Council Member Broussard Vickers said she is talking about placing the document out in
the public eye where other employees saw this and had open knowledge of this and that is
not appropriate. She then said the request was laid on the front desk without an envelope.
She further indicated she had discussed the matter with an attorney from the League of
Minnesota Cities and placing the document where other employees could see it is
questionable.
Council Member Broussard Vickers indicated that as a Council Member the request can
be made but should have been placed in an envelope rather than left out in the open to be
seen by other employees.
Council Member Capra indicated she had requested that it be added to the agenda and
was told that it would need to be a special meeting and be posted. She then asked if that
was correct.
City Attorney Hoeft indicated that no special meeting was needed as the item can be
added to Council's regular agenda
Council Member Broussard Vickers said she bas no question with Ms. Moore-Sykes
performance because what Council discusses is public information and Staff is aware of
everything that goes on and will discuss it. She then said that she does not know that Ms.
Moore-Sykes said or did anything to provide more information that what was discussed
publicly and Staff is encouraged to speak their minds when they feel there is an issue.
She further stated she did not know what could have been done differently other than to
tell Staff not to talk about it which she does not agree with and then said that she did not
think Ms. Moore-Sykes did anything that was inappropriate.
Council Member Capra commented that she feels that there are issues about this occuring
in a public venue and issues with regard to the public office and the front office and the
demeanor that there is supposed to be in that office. She then said she feels this can be
rectified with notification and the reason for asking for the executive session was because
this would come to full Council as was decided a year ago.
Council Member Nelson indicated she did not have a comment on this issue but since this
is on the agenda one thing that did bother her was the thing with Ellen on the capital
projects that did not come to Council before being given to committees. She then said it
is public information but she feels it should come to Council first so that, if asked,
Council will have the information to respond.
Ms. Moore-Sykes indicated she did not understand that capital projects was to be an
action item on Council's agenda as Ms. Paulseth had already sent out the invoices.
Page 25 of32
Council Member Capra indicated that usually the persons name is on the agenda when
approving step increases.
City Attorney Hoeft indicated it was not necessary to do so but it can be listed if desired.
Council Member Broussard Vickers asked City Attorney Hoeft if it is ever within a
Council Member's responsibilities or activities that they should individually speak to
Staff concerning performance.
City Attorney Hoeft indicated that is not a legal issue as Council can do that as an
individual acting as an individual. He then said it is more of a policy consideration of
how Council wants Council Members to interact with Staff.
Council Member Broussard Vickers commented that Staff could perceive it as Council
directive.
Council Member Capra asked how you would ever come to a conclusion on a matter if
Council was not allowed to speak to Staff individually.
Council Member Broussard Vickers indicated she would prefer that any employee issue
be brought to Council as she does not think as individuals Council should ever be talking
to staff about disappointments or expectation or dressing them down for something they
did or did not do.
Mayor Swedberg indicated he would extend that to employees but not to the City
Administrator.
Council Member Broussard Vickers said you could make a policy to be clear that you are
acting as an individual and carry no council weight but if speaking to that person you do
carry the weight of a Council person and are not just an individual talking any more. She
then said she did not think it was appropriate to affect an individual's job performance by
virtue of what one person would have to say.
Council Member Nelson indicated Council made an exception when her performance
review was done.
Council Member Broussard Vickers said she would like to have a policy that individual
Council Members do not talk individually about job performance because there is too
much potential for things to go wrong and promote bad thoughts and misunderstandings.
She further stated that performance issues need to come before Council as a whole so all
Members can agree. She also said that just because one has an issue does not mean all
agree and Staff should not receive a directive to change a behavior if three of five do not
think it should change.
Mayor Swedberg said are you saying not to talk to her except in this room.
Page 26 of32
Council Member Broussard Vickers clarified that she meant that Council Members were
not to dress them down or bring grievances or any directives to change in terms of job as
an individual Council Member. She then said she did not think anyone as an individual
should walk in and tell Staff to change something.
Mayor Swedberg said, "this is out in left field."
Council Member Broussard Vickers commented that she had received comments that
individual Council Members have been telling Staff what should or should not be done.
She then said that she feels like there is a lot of individual action and suggestions on how
to run things in the office that should come from Council as a whole rather than from an
individual Council Member.
Council Member Capra asked if she was talking about suggestions or reprimands.
Council Member Broussard Vickers indicated that if Council Members are walking in
with suggestions on changing office procedure that would be something Ms. Moore-
Sykes would make the decision on because that Council Member wants to run something
in a certain way that type of issue should come to Council for discussion as a whole.
Council Member Nelson indicated that if she has a comment concerning something that
was not done by another employee other than Ms. Moore-Sykes it is her responsibility to
inform Ms. Moore-Sykes s her supervisor so that she can handle the matter.
Council Member Broussard Vickers indicated she has continuing concerns that individual
Council Members are trying to influence the management of the office by Ms. Moore-
Sykes and she does not want to do that with regard to items that are within her pervue as
Administrator. She further indicated that any dlrectives to change the way the office is
run should come from Council as a whole rather than having individual members getting
into the minute details ofmicrornanaging the office.
Mayor Swedberg asked when this happens. He then said that he and Ms. Moore-Sykes
disagreed on one thing but he never once told her how to do her job. He then said I told
you what the priorities are but never told you how to do your job.
Council Member Broussard Vickers commented that the Mayor told her his priorities.
Mayor Swedberg indicated he told her the priorities of this City and those are those that
the City adopted by the Council goals document. He then said you are imagining
something.
Council Member Broussard Vickers said she disagreed with the Mayor but said she
would not give specific instances at this time.
Page 27 of32
City Attorney Hoeft suggested that the discussion should relate around the perfonnance
of the City Administrator.
Council Member Broussard Vickers indicated that if Council is going to direct Ms.
Moore-Sykes performance she would like to see it come as a direct from the whole
Council not from individual Council Members.
Mayor Swedberg said he would say that is being done and he totally disagrees with those
comments.
Council Member Nelson said she agreed that it should be done as a group.
Council Member Travis said he agreed.
Council closed the executive session for Ms. Moore-Sykes at 9:39 p.rn.
Council opened the executive session to discuss Ms. Bender at 9:39 p.m. The session
was closed.
Ms. Bender asked to run tape and see how audio is.
Council Member Nelson said yes.
Council reconvened at 10:08 p.rn.
Mayor Swedberg indicated Council discussed the employee performance of Ms. Bender.
9. Proposed Massage Parlor Ordinance. Tattooing. Bodv Piercing & Bodv Brandin\!.
and Ordinance #4
Motion bv Council Member Capra. seconded bv Mayor Swedbem to table the
Massaee Parlor Ordinance. Tattooine. Bodv Piercine & Bodv Brandine Ordinance.
and Ordinance #4. All in favor. Motion carried unanimouslv.
VI. CONSENT AGENDA
1. The City ofCenterville June 27,2002 through July 10, 2002 Claims for Approval
2. St. Genevieve's Temporary Gambling Permit
3. PC Solutions for Computers & Installation
4. Successful Completion of Performance Review and Grade 5, Step 6 Pay Increase
to Grade 5, Step 7 for Ken Cook.
Motion bv Council Member Broussard Vickers. seconded bv Council Member
Nelson to approve the Consent Aeenda as presented. All in favor. Motion carried
unanimouslv.
Page 28 of32
vn. APPROVAL OF COUNCIL MINUTES
1. June 17. 2002 Special Council Meeting Minutes
2. June 26. 2002 Council Meeting Minutes
Motion bv Council Member Broussard Vickers, seconded bv Mayor Swedbel'2 to
table approval oftbe June 17. 2002 Special Council Meetine Minutes and tbe June
26. 2002 Council Meetine Minutes. All in favor. Motion carried unanimouslv.
vrn. ANNOUNCEMENTSIUPDATES
Council Member Capra indicated she had been working with the Chair of the Lifetime
Achievement Committee and would ordinarily have a recommendation for Council
approval at the second meeting in July but with all that has been going on the
recommendation will be delayed.
Council Member Broussard Vickers indicated that the Centerville Lions are in the
process of setting up the right non-profit organization in order to be able to receive funds
and said that the Lions intend to come to a Planning and Zoning meeting in the near
future to discuss plans for the funds.
Council Member Nelson indicated Council has been waiting for a request and noted
Council could use the funds however the City wishes. She then noted there are a lot of
things the City could be doing.
Council Member Broussard Vickers indicated the parties involved plan on meeting soon
to make a recommendation as to how to use the funds.
Ms. Bender asked that she be notified of any meeting to discuss the funds so that proper
notice can be posted.
Council Member Broussard Vickers suggested Staff contact Karla DeVine let her know
that there would need to be appropriate notice.
Council Member Capra said she would also like to make a note to Park and Recreation
and the Lions that the City is not under any legal obligation for those funds. She then
said she would like some decision made with regard to those funds by the end of August
because she thinks the City has given the Lions plenty of time.
Council Member Nelson indicated she was concerned that the Minnesota Alcohol and
Gambling Board continues to look at the City as long as the City is holding those funds
and she would like the funds used so that the scrutiny would stop.
Council Member Capra indicated the City cannot transfer those funds.
Page 29 of32
~
Council Member Nelson said she would like to get those funds gone and start clean on
whatever is going to be done so that it is not hanging over the City.
Council Member Capra commented that the warming house needs a roof which costs
$5,000
Council Member Broussard Vickers said she would indicate that Council wants a
decision by the end of August.
Council Member Nelson indicated that she, Council Member Capra and Mayor Swedberg
are not in fuvor of the concession stand so a majority of Council do not want the
concession stand.
Council Member Broussard Vickers commented that there were representations make in
the past as to how those funds were to be used regardless of whether they are legally
binding.
Council Member Nelson said not only are they not legally binding they are illegal.
Council Member Capra indicated the City cannot build or have a building with those
funds that the Lions use to make a profit on.
Council Member Broussard Vickers indicated that the Lions are aware that it would be a
facility in the park that is used for the City and would not be for private or preferred use
by the Lions. She then said that a better fucility needs to be down there and then
commented that the City's relationship with the Lions is extremely damaged and it would
be better to say up front if the City does not want a concession stand rather than wasting
peoples time.
Motion bv Council Member Nelson. seconded bv Council Member Capra to notif:l::
Park and Recreation that the City has no interest in buildinl! a brand new
concession stand at LaMotte Park.
Council Member Broussard Vickers commented that Council is deciding what it does not
want even before hearing the recommendation of Park and Recreation. She then said she
would be interested to know why Council would say they do not want this when there are
donated funds and volunteer work for the fucility.
Council Member Nelson indicated she based her decision on conversations with Park and
Recreation that the concession stand would be used for the Lions.
Council Member Broussard Vickers indicated she had set them straight on that pretty
quickly and had explained that the Lions would receive no special consideration over
anybody else using the fucility.
Page 30 of32
Council Member Broussard Vickers indicated that ownership of the building is not an
issue as it would be a City owned and controlled facility. She then asked why three
Council Members have already made up their minds not to listen to the recommendation
of Parks and Recreation with regard to use of the funds.
Council Member Nelson said she believes there are other uses for those funds and have-
made it clear that it would not be for the Lions but it keeps coming hack and she is
concerned about the legalities of the matter with the funds going to the Lions.
Council Member Broussard Vickers asked what the issue would be with the City paying a
bill fur building materials to construct a structure on City property as a donation from the
Lions.
Council Member Nelson indicated she had no issue with the Lions but has a problem
with the money from the Spring Lake Park Lions to the Centerville Lions.
Council Member Broussard Vickers commented that the City has the money in a
gambling fund and there are numerous ways under the statute to use it and Council is still
afraid of getting into trouble.
Council Member Nelson indicated Council decided it wanted to use the money for Park
sand Recreation and that is where not for a concession stand.
Council Member Broussard Vickers asked why it would not be a park usage if Parks and
Recreation came to Council with a recommendation for a concession stand at LaMotte
Park.
Mayor Swedberg said there are kids growing up all around that park and he is interested
in recreating not interested in eating. He then said the City does not need a concession
stand and there is the opportunity to purchase waterfront property for the City.
Council Member Nelson indicated she would be fine with using those funds for that
purpose.
Council Member Capra indicated her concern would be the timing of the use of the funds
as it could take years to build the concession stand.
Council Member Broussard Vickers indicated Parks and Recreation would be coming
forward to Council with a plan and, if this is a matter of transferring the funds out they
could be transferred to Park and Recreation for park usage.
Council Member Capra indicated she had no problem with renovating the warming house
but said she would like to use the money and get rid of it.
Council Member Broussard Vickers commented that Council is deciding on how it wants
the money spent without a recommendation from Parks and Recreation.
Page 31002
Council Member Nelson commented that Council has the right to do so and noted
Council has been waiting for a recommendation.
VOTE: Aves - 3. Navs - 2 (TravisIBroussard Vickers). Motion carried.
Council Member Nelson indicated that the EDC had been redoing a brochure and had
asked for Council input within the next two weeks.
Council Member Nelson indicated that the EDC would like Council to review its bylaws
and Ordinance #58 as they do not match.
Ms. Moore-Sykes indicated she had received a copy of the bylaws from a committee
member and will forward them to the EDC for review.
Council Member Nelson indicated there were two questions for the engineer she would
ask next time.
Council Member Travis indicated the Planning Commission had reviewed plans for a
new building over by Ro-So Construction. He then indicated that Matt Rehbein was
there and 21 st Avenue would need to be improved to use the lot in question.
Ms. Moore-Sykes indicated it may be possible to push through the cul-de-sac.
Ms. Moore-Sykes indicated that Staff is moving ahead with computers. She then
indicated she had received hers but did not yet have the software installed. She further
indicated that she intended to get back on schedule with the Council review for the 01100
and Week in Review.
Council Member Nelson asked for a date when the personnel policy would be completed
and then suggested the end of August.
Ms. Moore-Sykes indicated she would attempt to have a draft for review by the end of
August.
IX. ADJOURNMENT
Motion bv Council Member Travis. seeonded bv Council Member Capra to adiourn
the July 10. 2002 City Council Meetinl! at 10:33 p.m. All in favor. Motion carried
unanimouslv.
Transcribed by;
Joan Lenzmeier, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
Page 32 of32
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TO: Honorable Mayor and Council Members
FROM: Teresa Bender
SUBJECT: Lindgren Complaint
DATE: July 24, 2002
Subsequent to receiving Ms, Lindgren's letter, Mr, Cook, Building Inspector was
requested to visually inspect the residence located at 6922 Dupre Road for possible
Ordinance #4 violations. Subsequent to Mr. Cook's inspection of the property the below
items were found to be in compliance with the current ordinance requirements:
. Two accessory structures - both meet the height, side wall height and
allowable size requirements versus lot size.
. Ice house - allowable
. Deck - allowable
. Driveway(s) - allowable
There was a questionable temporary storage shed on the property that will be removed
promptly and the homeowner was instructed of same at the time of issuance of the most
recent building permit issued.
To: Honorable Mayor and City Council Members
From: LeAnn Lindgren (651)429-5919
Re: 6922 Dupre Road
I am writing to you in regards to additional construction on my neighbors
property. The property is 6922 Dupre Road. At the time I bought my house at
1859 Center St., my neighbors had a single family house with a double. garage.
Since that time (1990) they have added another 2 car garage,a large shed ,ice
house, deck and now a huge, 2 story, barn shaped garage and driveway. All
of the things I have mentioned are along my property.
Apparently they were given building permits for these additions to their property.
I am unaware of any other city allowing even 1/3 of the construction they have
added to their property. This is something I have only seen in rural areas.
I am suffering too much for words. Visually, this "new barn" is hideous at best
and is right outside of my patio doors where I have, until this time, been able to
look out and enjoy a somewhat relaxing view. More importantly, my property
value has been affected negatively. I have already spent thousands of dollars on
landscaping, much of which was done to cover up my neighbor's 'Junk".
The city's approval of residents turning their properties into storage areas for
equipment, trailers, boats etc. is, in my mind, a terrible mistake. What kind
of city do you want this to be? I would have sold my house except that my
12 year old son, who is doing extremely well in school, would be trauma-
tized by a move right now.
I spoke with the city's building inspector, who told me he strongly discouraged
the city council's approval of the building permit for the latest construction.
Please come view this property for yourselves. You need to see what your
decisions have done to this city. I have spoken to professionals about my
concerns. Although The new "barn" would be impossible to cover up with any
kind of landscaping( except a mountain) , I feel that the city needs to assist me in
trying to do something to make the view more bearable. I will be consulting
with landscapers to see what might help.
I am a very mild mannered person but I am extremely upset and shocked by
what is next door to me. Please help me and please stop allowing residents
to ruin neighborhoods.
Sincerely,
LeAnn Lindgren
,
~ Metropolitan Council
n Building communities that work
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Metro Meetings
A weekly calendar of meetings and agenda items for the Metropolitan Council, its advisory and standing committees,
and regional Council sponsored events. Meeting times and agendas are occasionally changed. NOTE: There are two
other ways to receive Metro Meetings: visit our web site at www.metrocounciLorg or receive the meetings through
email. Call or email Dawn Hoflher at 651-602-1447 or dawn.hoffner@metc.state.mn.usifyouwouldprefer one of
these methods rather than use the U.S. mail.
WEEK OF: July 15 - 19,2002
METROPOLITAN COUNCIL
Diversity Committee - Mon., July 15,2 p.m., Room 2A
Livable Communities Committee - Mon., July IS, 3:30 p.m., Room IA
Metropolitan Parks and Open Space Commission Applicant Interviews - Mon., July 15, 7 p.m.,
Minnetonka Community Center, Minnetonka
Canceled - Rail Transit Committee - Tues., July 16,4:30 p.m., Heywood Office
Lake Elmo Bus Tour - Wed., July 17, 11 :45 a.m. - 2:30 p.m.
Canceled - TAB Programming Committee - Wed., July 17, 12 Noon
Canceled - Regional Growth Policy Committee - Wed., July 17, 3 p.m., Chambers
Transportation Advisory Board, including Public Hearing on the Proposed 2003-2006
Transportation Improvement Program - Wed., July 17, 3 :30 p.m., Chambers
Solicitation Process for Transportation Projects to Enhance New Affordable Honsing
Public Meeting - Thurs., July 18, 10 a.m., Chambers
TENTATIVE MEETINGS FOR THE WEEK OF JULY 22 - 26
Metropolitan Parks and Open Space Commission - Mon., July 22, 4 p.m., Chambers
Transportation Committee - Mon., July 22, 4 p.m., Room IA
Environment Committee - Tues., July 23, 4 p.m., Room IA
Regional Growth Policy Committee - Wed., July 24, 9 a.m. - 3 p.m., Room IA
Management Committee - Wed., July 24, 2:30 p.m., Room IA
Metropolitan Council- Wed., July 24, 3 p.m., Chambers
Northwest Corridor CAC - Wed., July 24,7 p.m., Crystal City Hall
1
Hiawatha LRT Construction Update - Wed., July 24,7 p.rn., Corcoran Park, 3334-
20th Ave. S., Mpls.
Hiawatha LRT Community Advisory Committee - Wed., July 24, 7:30 p.m., Corcoran Park, 3334 -
20th Ave. S., Mpls.
West Metro Council Member Breakfast - Thurs., July 25, 8 a.m., Nicollet Island fun, Mpls.
The Metropolitan Council is located at Mears Park Centre, 230 E. Fifth St., St. Paul. Meeting times and
agendas are subject to change.
2
1880 Main Street . CenteT7JiJfe, 'MiA[ 55038
(651) 429-3232 .:F,",- (651) 429-8629
July 15, 2002
Ms. Donna Germain
1548 Peltier Lake Drive
Centerville, MN 55038
RE: 1540 Peltier Lake Drive
Dear Ms. Germain:
Thank you for the photos and your letter dated July 14. In checking with Staff about the
situation, the Public Works Directorindicated that this property has indeed been a
problem in terms of trash, weeds and overgrown trees for a long time despite the City's
best efforts to get this property cleaned. The City Clerk, who volunteered time away
from her own family to participate in the clean-up efforts that you mentioned in your
letter, stated that she has also called Anoka County on Ms. Moreland's behalf to secure
some assistance for her. The County has indicated that they cannot force someone to
accept help if they do not want it.
Clearly, as indicated by your photos, something needs to be done. I have called the State
of Minnesota Human Services and left a message. I am hopeful that through the State,
we will be able to obtain the necessary services and resources that will assist Ms.
Moreland in cleaning up her property.
If you have any additional questions or suggestions, please feel free to contact me at City
Hall, 651-429-3232.
Sincerely,
(.f . )ltx~ _ ~~v
. oore-Sykes .t{J
City Administrator
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July 14,2002
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To: Honorable Mayor and Centerville City Council
Centerville City Administrator
Subject:
Moreland Residence
1540 Peltier Lake Drive
I have owned the property next door to the Moreland residence since 1978- I have spoken to a
previous city administrator about the condition of the property from my view of the home, and as
helpful as he tried to be, I was informed that city personnel could not come on my property to
view the appearance of the Moreland residence. This year the residence and yard is in an even
more deteriorated condition, and I have no choice but to submit a written complaint.
The yard has not been mowed yet this year and it is overtaken by weeds and weed trees--
however, this is a minor part of the complaint. The fact is that the yard of this property is filthy.
There is garbage and trash piled in the back yard and with the all the rain, humidity and heat this
summer, there is a foul odor coming from this residence. I have had an unusual amount of mice
on my property, and I can only attribute it to the standing trash and mess of the Moreland
residence. In speaking with other neighbors, there have been past sightings of other rodents on
her property. There are old windows, a broken screen house, and numerous other junk items.
Over the past few years, many of her trees have deteriorated to the point that they had become a
safety hazard for my property (she states that her property line is 3.5 feet on my side of
Moreland's cyclone fence). She said she could not afford to remove them, so this Spring I spent a
large amount of money to have these rotten trees taken down (photos enclosed). A few years ago
during a ston:n, another of her unkempt trees fell onto my property and pulled the electrical
mantel out of my house-I was without power for three days; she would not pay for that damage
either. I was not about to let that happen again, nor have a large branch fall on me when I mowed
my lawn. There are still dead trees on her property, and a few weeks ago, a huge branch feU off a
tree in her back yard--of course, it is still lying there with no clean-up attempt. The dead., rotted
trees I removed were full of woodpecker holes, and because of these dead trees, I have had
woodpecker damage to my house as well.
A few years ago after complaints by residents, the city or county (I'm not sure which) made an
attempt to clean up the grass and trees on the Moreland property, however, the standing junk and
trash in the yard was not cleaned up and it has gotten progressively worse. Mrs. Moreland hoards
trash and junk in the yard and garage, and has not attempted to clean it up. As far as I'm
concerned she should not be a property owner if she cannot afford to, or is physically unable to
maintain her property. I cannot even imagine what the inside of the house must be like.
I am also enclosing photos of what I have to look at and smell when I look out the window or
when I am out working or trying to enjoy my back yard. I pay very high property taxes to live in
Centerville, and I need your assistance to get this problem solved. I hope not to take this to
Anoka County, but because of the potential health hazards, I am on a mission to get this property
cleaned up. I look forward to your respouse as soon as possible. Thank you.
L~
Donna Germain
1548 Peltier Lake Drive
Centerville, MN 55038
H: 651-429-4142 W: 651-486-4664.
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'Esta6[ishd 1857
1880 %ain Street _ Centeroi((e, 'lvfJ.{. 55038
(651) 429-3232 _ 'FIJi( (651) 429.8629
July 16, 2002
Mr. Ken Vanderbeek
Wise Guys Pizza
7095 - 20th Avenue South
Centerville, MN 55038
Dear Mr. Vanderbeek:
Please be advised that the City Council has scheduled a worksession for Monday, July
22, 2002 at 6:30. The purpose of this worksession is to continue discussions regarding
the proposed liquor ordinance, with the intent to have this proposed ordinance heard at a
public hearing in August.
The City Council has also asked that if you have any questions for the discussion to
please submit them in writing to City Hall
If you have any other comments, suggestions or questions, please feel free to call me at
City Hall
Sincerely,
(~ )lwp~ -' ~~a-/
'---:r ~-SYkes ;rzJ1
City Administrator
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tervi{{e
'Esta6{isfted 1857
.
1880 'Main Street _ Centeroi((e, 'M'l( 55038
(651) 429-3232 . 'laz (651) 429-8629
July 16, 2002
Mr. Terry Sager
Sager's Liquors
7093 - 20th Avenue South
CenteDrille,~ 55038
Dear Mr. Sager:
Please be advised that the City Council has scheduled a worksession for Monday, July
22, 2002 at 6:30. The purpose of this worksession is to continue discussions regarding
the proposed liquor ordinance, with the intent to have this proposed ordinance heard at a
public hearing in August.
The City Council has also asked that if you have any questions for the discussion to
please submit them in writing to City Hall.
If you have any other comments, suggestions or questions, please feel free to call me at
City Hall.
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Kim Moore-Sykes
City Administrator
ervi[[e
'EstaElisfied 1857
1880 Main Street . CenterrJiiCe, :M3{ 55038
(651) 429-3232 . '.Fa:( (651) 429-8629
July 16, 2002
Mr. Bill Bisek
Kelly's Komer
7098 Centerville Road
Centerville, 1vfN 55038
Dear Mr. Bisek:
Please be advised that the City Council bas scheduled a worksession for Monday, July
22, 2002 at 6:30. The purpose of this worksession is to continue discussions regarding
the proposed liquor ordinance, with the intent to have this proposed ordinance heard at a
public hearing in August.
The City Council bas also asked that if you have any questions for the discussion to
please submit them in writing to City Hall.
If you have any other comments, suggestions or questions, please feel free to call me at
City Hall.
Sincerely,
0#j:v)ZHZe' J!Il~/
Kirli Moore-Sykes ~~
City Administrator
tervi[[e
'Estab[isfierf 1857
.
1880 :Main Street . Centerviffe, :Mg,[ 55038
(651) 429-3232 . 'Fa:{ (651) 429-8629
July 16, 2002
Mr. Paul Montain
Mountain Enterprises, Inc.
7082 Centerville Road
Centerville, MN 55038
Dear Ivfr. Montain:
Please be advised that the City Council has scheduled a worksession for Monday, July
22, 2002 at 6:30. The purpose of this worksession is to continue discussions regarding
the proposed liquor ordinance, with the intent to have this proposed ordinance heard at a
public hearing in August.
The City Council has also asked that if you have any questions for the discussion to
please submit them in writing to City Hall.
If you have any other comments, suggestions or questions, please feel free to call me at
City Hall.
~)~_lJ!~
Kim Moore-Sykes !tI~
City Administrator
tervi{{e
'Esta!J{isfzec{ 1S57
1880 MamStreet . CenteroilTe, M'fi[ 55038
(651) 429-3232 .:Fa:r.. (651) 429-8629
July 16, 2002
Mr. Rich DeFoe
Waterworks Beach Club
7281 Main Street
Centerville, MN 55038
Dear Mr. DeFoe:
Please be advised that the City Council has scheduled a worksession for Monday, July
22, 2002 at 6:30. The purpose of this worksession is to continue discussions regarding
the proposed liquor ordinance, with the intent to have this proposed ordinance heard at a
public hearing in August.
The City Council has also asked that if you have any questions for the discussion to
please submit them in writing to City Hall.
If you have any other comments, suggestions or questions, please feel free to call me at
City Hall.
Sincerely,
~J1t*Pf~
Kitii Moore-Sykes . U
City Administrator
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[;e/Vli)
1747 Meadow Lane
Centerville, MN 55038
July 1,2002
Dear Mayor and Members of the Centerville Council:
My name is Brian Nelson and I am responsible for the parking at St. Genevieve's Parish
Picnic, which will be held August 18,2002_
Parking near the church and on Goiffon Road always seems to be a problem on this day.
I have contacted the Centennial Lakes Police Department to ensure that things run safely
and orderly that day.
Last year the church was permitted to close Goiffon Road from County Road 14 to Sorel
Street during the hours of 8 :00 AM to 6 :00 PM_ Because this worked well, I am asking
for permission to do so again this year.
Safety is always a concern. People often cross from one side of the road to the other,
since there are activities 0 both sides of the street. In addition, traffic flow ensured
neighborhood protection. By closing off this section of Goiffon Road, safety was
increased.
The Park and Ride lot was used last year, and I also borrowed city barricades. This was
efficient and a great help to the success of our picnic. I hope that the parish may use the
barricades and utilize the Park and Ride again.
If closing the road during the picnic is feasible or if you have further questions for me
please contact me at home (651) 653-4324 or through St. Genevieve's (651) 429-7937_
Thank: you very much. I look forward to hearing from you in the near future.
You are all warmly welcomed to join us for a day offabulous food, fun and festivities.
Sincerely,
tJj
lv",
BrianL. Nelson
~noka ~ounty lKlighway [Q)epartment
1 "'. ').e ~l ~.~'
! '....14Il'-;.
Con stru ctib
WEEKLY
Wu1v~Jul:Y 15,2002
2002 CONSTRUCTION PROJECTS
County State Aid IDghway 52 (Radisson Road)
From CSAH No. 12 (] 09th Avenue) to CSAH No. 14 (Main Street)
Reconstruction to 4-lane divided highway. Bituminous saw & seal complete, paint striping complete. The project is
substantially complete with minor cleanup work remaining.
Contacts:
Greg Anderson - Project Representative (763) 784-858 I
County State Aid IDghway 17 (Lexington Avenue)
From CSAH No. 32 (CR "J") to Austin Street - Cities of Blaine. Circle Pines and Lexington
Lake Dr. to Austin St.: The project is substantially complete with minor cleanup work remaining.
CR J to Lake Dr.: The project is substantially complete with only minor cleanup work remaining.
Contacts:
Harry Grams, - Project Representative (763) 784-0210
County State Aid IDghway 10 (Old Trunk Highway 10)
From TH 47 to East Countv Line - CiN of Svring Lake Park
The project is substantially complete with minor cleanup work remaining.
Contacts:
Mike Gabrick - Project Representative (763) 862-4245
County State Aid IDghway'35 (Old Central Ave.)
Extension IOverlav from 81$t Ave. to Pleasantview Dr.
Stage 3 should be completed this week. Stage 4 grading, aggregate base and curb & gutter will continue this week.
Contacts:
Ben Holm, - Project Representative
(763) 795-0229
County State Aid IDghway 52 (Radisson Road)
From CSAH No. 12 {J09thAve.J to NavIes St.
Reconstruction/widen to 4 lanes/new interchange and bridge. 1-35W bridge and ramps will remain closed until Fall 2002.
Radisson Rd. is open from 109th Ave. to Flanders Court and Lovell Rd. will remain open from Lexington Ave. to
HamIine Ave. There will be no access to Radisson Rd./95th Ave. from either leg of Naples St., or from the west service
road. Clear and grub is 90% complete, bridge removal is 90% complete, construction of ramp embankment continues.
ontacts:
Tom Krier - Mn/DOT Project Supervisor
Mark Daly - Anoka County Project Engineer
651-779-5037
763-862-4238
1440 Bunker Lake Boulevard Northwest'Andover, Minnesota 55304, 763-862-4200'facsimile 763-862-4201'wwwco.anoka.mn.us
1- _ _ _
y
Other Aqencies affectinq County Hiqhwavs
Anoka County Contact: Mark A Daly, P.E., Program Services Engineer (763) 862-4238
TH 610 (MnJD01)
Reconstruction and wideninll (rom Mississiooi River bridli{e to TH 1 O.
TH 610 is open. There are three through lanes in each direction plus auxiliary lanes and ramps. Maintenance,
turf establishment, and final cleanup continue. Look for night time lane closures.
Contacts:
Website:
Mike Pretel, - MnIDOT (763) 797-3073
www.dot.state.nUl.us/metro/constructionlhotspots.html
(Project #51)
TH 169 (MnJD01):
Reconstruct and widen to 4 lanes (rom TH IOta the Mississippi River.
TH 169 is closed to through traffic from TH 10 to Maio Street and is restricted to one-lane in each direction from
Main Street to the Mississippi Fiver. Expected completion is October 2002.
Contacts:
Website:
Charles Cadenhead, - MnIDOT (763) 797-3068
www.dot.state.nUl.us/metro/constructionlhotspots.htrnl
(Project #45)
CSAH 23 (City ofLino Lakes):
Channelization and new signals at Apollo Dr. and Market Place Dr.
Three-way stop has been installed at Apollo Drive. This will remain inplace until permanent signal is installed.
Traffic has been switched onto new SB lanes and construction of northbound lanes continues.
Contacts:
Shane Olson, TKDA 1 City of Lino Lakes
(651) 248-4434
CSAH 116/57 (City of Ramsey):
Channelization at new Sunwood Dr. intersections.
Construction of Sunwood has begun. Work along CSAH 116 will involve temporary lane closures and
restrictions. All work along CR 57 is complete.
Contacts:
Mike McDowell, City of Ramsey
(763) 427-1410
1440 Bunker Lake Boulevard Northwest-Andover, Minnesota 55304- 763-862-4200-facsl(mle 763-862-4201-www.co.anoka.mn.us
JUl 1 5 2002
Local Government Officials Meeting
Tuesday, July 30
Rum River Central Park
We're Having Picnic!
***Tentative Agenda***
5:30 - 6:30 pm
6:30 pm
7:00 pm
Social Hour
*Dinner
Meeting
1. Election/New Districts Update
2. Northstar Update
3. County Roads - Upgrading and Funding
4. Anoka County Emergency Radio System Update
5. Other
*Dinner will be prepared by the Anoka County Board
Members in their continuing effort to serve the cities.
Please RSVP by Thursday, July 25 to Barb McKusick at 763-323-5722 or e-mail
at barb.mckusick@co.anoka.mn.us.
When you call. please have your menu choice{s) of Brats, Burgers or special
dietary needs available.
Directions to Rum
River Central Park on
Reverse
side of the agenda.
Cost per person $10.00.
Please make checks
payable to: Anoka County
Directions
From Minneapolis: Take 1-35W north to Highway 10 west Follow Highway 10 west
eight miles to the 7th Avenue (Highway 7) exit. Turn right at the exit and follow 7th
Avenue north six miles to 179lh Lane and turn right into the park. Note: 7th Avenue wiH
turn into 165th A venue for a westerly 1/2 mile stretch and then into Roanoke Street
when continuing north to the park entrance.
From SL Paul: Take 1-35E north to 1-694 west. Follow 694 west to 1-35W north. Take
35W north to Highway 10 west. Follow Highway 10 west eight miles to the 7th A venue
(Highway 7) exit. Turn right at the exit and follow 7th A venue north six miles to l79th
Lane and turn right into the park. Note: 7th A venue will turn inlo 165th Avenue for a
westerly 1/2 mile stretch and then into Roanoke Street when continuIng north to the park
entrance.
From Columbia Heights, Fridley, Spring Lake Park: Take Highway 65 north to
Highway 10 west. Follow Highway 10 west eight miles to the 7th Avenue (Highway 7)
exit. Turn right at the exit and follow 7th A venue north six miles to 179th Lane and turn
right into the park. Note: 7th Avenue will turn into 165th Avenue for a westerly 1/2 mile
stretch and then into Roanoke Street when continuing north to the park entrance.
From Ham Lake: Take Highway 65 (Central Avenue) nordl to Viking Boulevard
(Highway 22). Take Viking Blvd west to Rum River Boulevard (Highway 7) and turn
left. Take Rum River Blvd south two miles to 179th Lane and turn left into the park.
From East Bethel, Oak Grove: Take Viking Boulevard west to Rum River Boulevard
(Highway 7) and turn left. Take Rum River Blvd south two miles to 179th Lane and
turn left into the park.
From Lino Lakes, Blaine, Coon Rapids: Take Highway 242 west to Highway 10
west. .Follow Highway 10 west two miles to the 7th A venue (Highway 7) exit. Turn
right ill the exit and follow 7th A venue north six miles to l79th Lane and turn right into
the park. Note: 7th Avenue will turn into 165th Avenue for a westerly 1/2 mile stretch
and then into Roanoke Street when continuing north to the park entrance.
-- 1
ervi{{e
1880 'Main Street . Centervif[e, 'M'J{ 55038
(651) 429-3232 .:FIX'( (651) 429-8629
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF CENTERVILLE
RESOLUTION #02 - 029
RESOLUTION APPROVING THE SPRING LAKE PARK LIONS TO CONDUCT
A RAFFLE IN THE CITY OF CENTERVILLE ON AUGUST 3, 2002
(SATURDAY - 9:00 P.M.) AT LAURIE LAMOTTE MEMORIAL PARK
WHEREAS, pursuant to Council receiving a request from the Spring Lake Park Lions to
sponsor the Centerville Lions Branch Club's raffie scheduled for Saturday, August 3,
2002 commencing at 9:00 p.m. at the Laurie Lamotte Memorial Park located at 6970
LaMotte Drive. The Spring Lake Park Lion's have submitted a properly completed
Gambling Control Board application form (LG 230); and
WHEREAS, pursuant to Council's consideration and the above stated information; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
CENTERVlLLE, MINNESOTA:
1. Hereby authorizes the City Clerk & Mayor to grant approval for a Annual Off-
Site Gambling License to the Spring Lake Park Lions for the above stated time
and date. Attachment: Centerville License No.: 2002-03.
PASSED AND ADOPTED by the City Council this 24th day of July, 2002.
Attest
City Clerk
Mayor
~--~-----~-~~~-~--~-~~---
--~-~-~~----~-~-~-~~~~~--~----
--~--~-~-~--~-~~~--~~-- ~---~----~-----
Jt!ttIIJt cSm:Waived
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CITY OF
CENTERVILLE
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PURSUANT TO APPLICATION TH~Ji{EFORE, with p~yment of a fee being waived and upon investigation and satisfactory
evidence of the qualification of t9~';licensee(s) herein named to receive the same and that the place of sale hereinafter
. S', d19scribed is a proper and legal place therefore,
LICENSE ISlI~~E~YG~~T~Jj TO
,sp,tlrtgt~e ,far~ Li9~s' . .,',..
For the term of one (1) evenin~tatp Temporarily.!'l1'fer ~affleJ'ONTHEPREMISES"described as Laurie LaMotte Park,
6970 LaMotte Drive IN THE CI'R(jt~~r'$Q!ii,~,IJ;R'\fjLLE in said.CoUl)ty al'lclS~a~es,at which premises said Iicensee(s)
controls and operates a (establisfiin'ffnt)"ils defined by law; subject, however to the laws of the United States, the
laws and the State of Minnesota, the regulations and ordinances of said municipality, and the rules and regulations
of the GAMBLING COMMISSIONER, relating raffles, hereby made a part hereof, and subject to revocation according
to law for violation thereof. Attachment: Resolution #02-029.
This license is non-transferable except by consent of the authority issuing same.
WITNESS THE GOVERNING BODY OF THE CITY OF CENTERVILLE, and the seal thereof this 24th day of July, 2002.
The City Council of the City of Centerville
Attest:
By:
Mayor
City Clerk
-~~~--~-~-~-~-_.~-~~------~~
--~~--~~--~-------~~
~----~~-----~-~------~--~~
Minnesota Lawful Gambling
LG230 Application to Conduct Annual Off.Site Gambling
Pago1of2
3101
No Fee
Licensed Organization Infonnation (please print all infonnation)
Organization Name~I"" ~ LIL~~ U" L; ..~S License Number (5 digits)----42"", ~ 8,/
License Expiration Date _~I ::! { I 0"1 Class of Organization Ucense (A, B, C, or D) J3
L> Daytime Phone
Name of Chief Executive Officer I tJ ".L (1 ~ "'<I "'--rff- Number ( :76,~ >-.1%1I '1/ 7'1
(Do not list the gambling manager)
Gambling Premises Infonnation fl
Name of estab,shmenUfunction where gambfing activity will be conducted LatLt Ie, 1A:tMt)/-f~ IJ./K-
Street Address and City y-R7" Ul.Mu He t:J / ju e., (J.p/Ji-e/ 1//1<&
(Do not use a post office box. If no street address, write in the road designations. Example: 3 miles east of Hwy. 63 on County Roaj 42)
Lease Requirement. Does your organization <mn the gamb"ng premises?
o If yes, no lease is reqUired.
CXI If no, a lease agreement must be attached (you may use lease form LG224, avaitable from the Board). HOWeVer, no lease is required if the
only gambling actMty to be conducted is a raffle.
Date(s) for off-site activity up to 12 consecutive
days:
Begin date ~/~/-.1l3-
End date
Type of Gambling Activity. Check the box(es) for the
gambling activity your organization win be conducting.
o Pull-Tabs
1:8. Raffles
o Bingo 0 Tipboards
o Paddlewheels
Local Unit of Government Acknowledgment
If the gambling premises is within city limits, the city must sign this application and provide a resolution.
If the gambling premises is located in a township, both the county & township must sign this application.
The county must provide a resolution.
For the township: On behalf of the township. I
acknowledge that the organization is applying for an
annual off-soo gambling activoy within the township
limos.
A township has no statutory authority to approve or
deny an application (Minn. Stat. 349.213. subd. 2).
On beha~ of the city, I acknowledge that this application
w", be forwarded to the appropriate city officials, the city
must pass a resolution specilically approving or denying
this appiication, and a copy of the resolution will be
forwarded to the applying organization.
For the coun\v: On beha~ of the county, I acknowledge
that this appiication w", be forwarded to the appropriate
county offICials. the county must pass a resolution
specifically approving or denying this application, and a
copy of the resolution will be forwarded to the appiying
organization.
Print name of city
(Signature of city personnel receiv;,g application)
Title
Date
Print name of township
(Signature of township official acknowledging appljcation)
Title
Date
Print name of county
(Signature of county personnel receiving application)
Title
Date
Chief Executive Officer (CEO) Acknowledgment and Oath
I have reed this application. and aU information is true, accurate, and complete. I hereby authorize the Gambling Control
Board to modify s of organization II e t be consistent woh the class of permo being appiied for.
CEO Signatur
Date
LG230 - Application to Conduct Annual Off-Site Gambling
Who May Apply?
A licensed organization may conduct lawful gambling
on premises other than the organization's permitted
premises for one day per calendar year or within a 12-
consecutive-day period in a calendar year in connection
with a county fair, the state fair, a church festival, or a
civic celebration.
Chief Executive Officer - Signature
The person signing this application must be the CEO of
your organization and have his or her name on file with
the Gambling Control Board.
If the CEO has changed during the term of your license
and has not filed an Organization Officers Affidavit -
LG200B with the Gambling Control Board, he or she
must do so at this time.
Questions? Direct questions to your licensing specialist
at 651-639-4000. Hearing impaired individuals using a
TTY may call the Minnesota Relay Service at 1-800-
627-3529 and ask to place a call to 651-639-4000.
What and Where to Mail
At least 30 days prior to the date of your scheduled
activity, submit the following:
1) this application,
2) the resolution of approval from the local unit
of government, and
3) a copy of the lease agreement, if required.
There is no application fee.
Mall to:
Gambling Control Board
Suite 300 South
1711 West County Road B
Roseville, MN 55113
Page 2 of 2
. 3101.
This publication will be made available in atternative. format
(Le. large print, Braille) upon request. The information
requested on this form (and any attachments) will be used
by the Gambling Control Board (Board) to determine 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
consequence, may refuse to issue you a permtt. 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 pUblic information when
received by the Board. All the other information that you
provide will be private data about you unlilthe Board issues
your permit. When the Board issues your permij, all of the
information that you have provided to the Board in the
process of applying for your permit will become pUblic
except for your Social Security number, which remains
private. If the Board does not issue you a permit, all the
information you have provided in the process of applying
for a permit remains private, wtth 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 specitlcaUy 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.
MinneSota Lawful Gambling
LG224 - Lease for Annual Off-5ite Gambling Activity
3/01
Name of legal Owner of Property Street Address City Slate Zip Daytime Phone
Name of lessor Street Address City Slate Zip Daytime Phone
(ff same as legal owner, write in "SAME")
Name of leased Premises Street Address, or road designations City Zip Daytime Phone
Name of Lessee (name of organization leasing the premises) Organization license number Daytime Phone
Activity Date(s)
Beginning date of off-site activity: _1--1_
Ending date of off-site activity: --1_1_
Type of Gambling Activity
Check the box(es) which indieate(s) the type of gambling activity that will be conducted for this annual off-site activity.
Bingo 0 Raffles 0 Paddlewheels 0 Pull-Tabs 0 Tipboards 0
Rent Information
Rent to be paid for the leased area:
I ~f none, wr~e -0-)
. Rent may not be based on a percentage of receipts,
profits from lawful gambling, or the number of
participants attending a bingo occasion.
. An organization may not pay rent to itself or to any
of its affiliates for space used for the conduct of
lawful gambling.
OTHER OBLIGATIONS AND AGREEMENTS" Attachment
All obligations and agreements between the organization and the lessor are listed bela.v or attached to this
lease. (Attach additional sheets If necessary. Any attachments to this lease must be dated and signed by both
the lessor and lessee.)
This lease is the total and only agreement between the lessor and the organization conducting lawful gambling
activities. There is no other agreement and no other consideration required between the parties as to the lawful
gambling and other matters related to this lease.
Signature of Lessor
Date
Signature of Organization OffICial (lessee)
Date
Print Name of lessor
Questions on this form should be directed to your
licensing specialist at the Gambling Controi Board at 651-
639-4000. Hearing impaired individuals using a TTY may
call the Minnesota Relay Service at 1-800-627-3529 and
ask to place a call to 651-639-4000.
This publication will be made available in aiternative
format (ie. large print, Braille) upon request.
Print Name and Title of Person Signing on Behalf of
Organization
The information requested on this form will become publie
information when received by the Board, and will be used to
determine your compliance with Minnesota statutes and
rules governing lawful gambling activities.
tervi[[e
'Esta6{islied 1&57
1880 :Main Street . CenteroilJe,:M9{ 55038
(651) 429-3232 .:Fa>;. (651) 429-8629
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF CENTERVILLE
RESOLUTION #02 - 030
RESOLUTION APPROVING THE CENTERVILLE LIONS TO CONDUCT
BINGO ON AUGUST 2 & 3, 2002 (FRIDAY, 6:00 P.M. - 10:00 P.M. &
SATURDAY -12:00 NOON - 4:00 P.M.) AT LAURIE LAMOTTE MEMORIAL
PARK
WHEREAS, pursuant to Council receiving a request from the Centerville Lion to operate
bingo at the Fete des Lacs City Celebration scheduled for Friday, August 2, 2002
commencing at 6:00 p.m. - 10:00 p.m. and Saturday, August 3, 2002 commencing at
12:00 noon - 4:00 p.m. at the Laurie Lamotte Memorial Park located at 6970 LaMotte
Drive. The Centerville Lions have submitted a properly completed Gambling Control
Board application form (LG 220); and
WHEREAS, pursuant to Council's consideration and the above stated information; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
CENTERVILLE, MINNESOTA:
1. Hereby authorizes the City Clerk & Mayor to grant approval for an Exempt
Permit to the Centerville Lions for the above stated time and date. Attachment:
Centerville License No.: 2002-01.
PASSED AND ADOPTED by the City Council this 24th day of July, 2002.
Attest
Mayor
City Clerk
~---~---~~----~--~---~~-~-~
~----=====-------==--=--~--===========-::--========-=~-============-=-~-_=-====::::::==:~:::::.:::...:=:==:::-========-_:::-----
c:Jt!tmft ~:Waived
c!fflttm .I cYJff/llltj{)fttJ
~fIIj.l ~ii
CITY OF
CENTERVILLE
c:Jt!tmft &!f :2 (J(J:2- (JJ
~~() ~
~ d~~ ~(J(J~ (r:~fA'~~C!I/J/. - !(J(JC!I/J/.) ($bcif~ d~ c$ ~(J(J~
~6ff~ (fj rN!.fJ(J /@rJ/v - f;:(JC!I/J/.)
M-
PURSUANT TO APPLICATION 1;@t:REFORE, with payment of a fee being waived and upon investigation and satisfactory
evidence of the qualification qt\1~e lic~nsee(s) herein named to receive the same and that the place of sale hereinafter
iil~l cfescribed is a proper and legal place therefore,
,l~~~;!>-"', ,'_::,:,'-:7;;:" _;"Jr':~,~:i ,;"" ,,"'?' ';)"::'1'(_',:,:',:' _':' :::
_1;. LICENSF}I~,iJtJtE6y;.GR.ANTED TO
}i;i4i;, .'. "Centerville Lions. .. . '..h.
~h~~t:)(ftA" ", ",:'__ i,,'oi~':!c4f:"_;'-:::",:;_: ,', ;::'-" ,,' " ,r '
For the term of two (2) evenings,;T~;m~mpo'farily offer Bingo "ON THE PREMISES" described as Laurie LaMotte Park,
6970 LaMotte Drive IN THE CITY OF CENTERVILLE in said County and States, at which premises said Iicensee(s)
controls and operates a (establishment) as defined by law; subject, however to the laws of the United States, the
laws and the State of Minnesota, the regulations and ordinances of said municipality, and the rules and regulations
of the GAMBLING COMMISSIONER, relating bingo, hereby made a part hereof, and subject to revocation according
to law for violation thereof. Attachment: Resolution #02-030.
This license is non-transferable except by consent of the authority issuing same.
WITNESS THE GOVERNING BODY OF THE CITY OF CENTERVILLE, and the seal thereof this 24th day of July, 2002.
The City Council of the City of Centerville
Attest:
By:
".
i
---======-------============~~~-=====---===------=~-
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01d1t3 f c!9JJf!/ll//J(Jlttj
WCJfb?J f c9fMii
Jglttll&~ &%: ;2 ClCl;2- {J1
CITY OF
CENTERVILLE
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~ d~!2. :2(J(J:2 (rtb~rdrffi;ll01/l;.'~ 1(J:(J01/!;.) ($bcii~ ~~/$, :2(J(J:2
t~~ rd'lf2:(jiJ (@~IJ - ~:(J01/!;.)
. "
--':
PURSUANT TO APPLICATION THeREFORE, with payment of a fee being waived and upon investigation and satisfactory
evidence of the qualification o!'t.t'ie Iic::ensae(s) herein named to receive the same and that the place of sale hereinafter
,~i~'I: described is a proper and legal place therefor~,
:~;:~Yf~:" . ...... ",. . ..,' "C-, ,;':~':.':~, '
g~~; LICENSElS"HE~EBYGRANTED TO
"tCentervilleLions.. ,
-"XY
This license is non-transferable except by consent of the authority issuing same.
WITNESS THE GOVERNING BODY OF THE CITY OF CENTERVILLE, and the seal thereof this 26th day of June, 2002.
The City Council of the City of Centerville
Attest:
By:
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June 12,2002
City of Centerville
Honorable Mayor, Council Members:
On behalf of the Centerville Lion's I would like to request use of the Laurie LaMotte
Park and its facilities for the 2002 Fete des Lacs city celebration for August 2nd,3rd and
4th. I have included a preliminary flyer to let you know about some of the activities that
have been scheduled. There will also be kids games, food vendors, and various
presentations at the Main Stage during the day on Saturday. I will forward a current copy
to you when it is available.
The Lion's would also like to request that the fees be waived for the following permits
that will be required by the City:
Dance permit - Band will play from 8:00 pm to 12:00 pm
Noise permit - will Start with Bingo on Fri. night and end with softball games on Sun.
Bingo permit - Fri. 6:00 to 10:00, Sat. 12:00 to 4:00
Liquor permit - Fri. 6:00 pm until ball games end (11 :00 ?), Sat. 12:00 to 12:00, Sun.
12:00 to 4:00 (Until the softball tournament is over).
The fireworks will take place at dusk on Friday night. I will have the fire works company
forward a certificate of insurance to City Hall. The Lion's liquor license insurance policy
has been renewed and a current certificate will be sent to City Hall relieving the City of
Liability for this event.
We have ordered additional Satelites to be placed near the ice rink for use during the
festival and we will be contacting the Centennial police dept. to request officers for the
weekend.
If you need additional information or have any question I can be reached at (612) 366-
3913.
Thank y~
// _/~)
~~
Kathy Peil
Centerville Lion's Club
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Minnesota Lawful Gambling
LG220 - Application for Exempt Permit
Organization Information
Organization name
\
Fee - $25
Page1of2
or
3101
Only
Fee Paid
Check No.
Previous lawful gambling exemption number
~
Street
b '5 /JJCZ/ s./- .
Name of chief executive officer (CEO)
First name
~a
Name of treasurer
First name
/~(//:JIC/
Last name
,ob'!
Last name
-de..
StalelZip Code
I---?A/ 5.::W3
Daytime phone number of CEO
(/5/-704 ~ ':Zoo
Daytime phcne number of
treasurer.
5/-7(,;;;;~ L7
Type of Nonprofit Organization
Check the box that beSt descnbes your organization:
o Fraternal 0 Religious
o Veteran I)f Other nonprofit organization
Check the box that indicates the type of proof your organization attached to this application:
o IRS letter indicating income tax exempt status
o Certificate of Good Standing from the Minnesota Secretary of State's Office
o A charter showing you are an affiUate of a parent nonprofit organization
o Proof previously submitted arid on file With the Gambling Control Board
Gamblin Premises Information
Name of premises where gambfing actMty wiD be conducted (for raffles, fist the sfie where the drawing wHI take place)
~ ie &Hvl-fe. ~):.. - ka../:t;It:: tr'r;, ~ t7 3. 02-
Address (do not use PO bO") City StatelZip Code County
e/l/; jle..
Dele(s) of activity (for raffles, indicate the date of the drawing)
B/ (J gJz.. 02 - f3'
Cneck tile 0" or bol<8S that indicate the type of gambling actMty ~ur organization wDI be conduc1lng:
M' AJ P-4J?e3 /9z7o/t:'A
~ "Bingo ~ RaflIes (cash prizes may not eJ<Ceed $12,000) 0 "Paddlewl1eels
"Equipment for these activities must be obtained from a licensed disbibutor.
This form will be made available in Your name and and your organiZation's
allemalive format (i.e. large print. Braille) name end address will be public infonnalion
upon request. The information requested when received by tne Board. All tile other
on this form (and any attachments) will be information that ~u provide will be priIIale
used by the Gambling Control Board data abOut ~u until the Board issues ~ur
(Board) to detennine your qualffications to permit. When the Board issues your
be involved In lawful gambling activities in permit, all of the information that ~u have
Minnesota. You h""" the right to refuse to provided to the Board in tile process of
supply the information requested: """'ever, applying for~ur permitwill become public.
if ~u refuse to supply this Information, the if the Board does not issUe ~ a permit,
Board may not be able to determine ~ur aU tile information ~u have provided in tile
qualifications and, as a consequence, 'may process of applying for a pennit remains
refuse 10 issue ~u a permit. if ~u supply private, wfi/1 the e><ception of ~ur name
the information requested, the Board will and your organization's name and address
be able 10 process ~ur application. whicn will remain public.
Private data about ~ are available ontyto
--':":-;-'-'.2~-",:i:~
o "Pul~ Tabs 0 "TIpboards
the foRowing: ard members, staff of the
Board whose work assignment requires
that tIley have access 10 the Information;
the Minnesota Department of Public Safety;
the Minnesota Attorney General; the
Minnesota Commissioners of
Administration, Finance. and Revenue; the
Minnesota legisla&.e Audlior, national and
.lnternational gambling regulatory agencies;
anyone pursuant to court order; other
individuals and agencies 'that are
specificaDy aulhorized by stale or federal
law to have access to the information'
individuals and agencies for which law 0;
legal order authorizes a new use orsharing
of Information after this Notice was given;
and anyone with your consent.
LG220 - Applicatio,n for Exempt ~~rmit L' ,
Organization Name ~/d'7rC/i// I/t' /0/77
local Unit of Govemment Acknowledgment
Page 2 of2
3/01
If the gambling premises is within city limits, the If the gambling premises is located in a township, both
city must sign this application. the county and township must sign this application.
On behalf of the city, I acknowledge this application. On behalf of the county, I acknowledge this application.
Check the action that Check the action that
the city is taking on this application. the county Is taking on this application.
o The city approves the application with no o The county approves the application with no
waiting period. waiting period.
o The city approves the application w~h a 30 day o The county approves the application with a 30 day
waiting period, and allows the Board to issue a waiting period, and allows the Board to issue a
permit after 30 days (60 days for a first class permit after 30 days.
city).
o The city denies the application. o The county denies the application.
Prinl name of city Print name of county
(Signature of city personnel receiving application) (Signature of county personnel receiving application) .
Title
Title Oate--,_/_
Oate--,_/_ TOWNSHIP: On behaf of the township, I acknowledge that
the organization is applying lor exempted gambling activity
~in the township Iim~s. [A township has no statutory
authority to approve or deny an application (Minn. Stal. sec.
349.213, subd. 2).]
Print name of township
(Signature of township official acknowledging application)
Title
Oale--'--'_
,
Chief Executive Officer's Signature
The information provided in this ap~is complete and accurate to the best of my knowledge.
Chief executive officer's signature ~
Name (please print) 7O.vI j}";::J( ./ Date t. /24/02- -
Mail Application and Attachments
At least 45 days prior to your scheduled activity date send:
. the completed application, If your application has not
. a copy of your proof of non prom status, and been acknowledged by the
. a $25 application fee (make check payable to .State of Minnesota"). local un~ of govemment or
Application fees are not prorated, refundable, or transferable. has been denied, do not
Send to: Gambling Control Board send the application to the
1711 West County Road B, Suite 300 South Gambling Control Soard.
RoseviJIe, MN 55113
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LG220 . Application for Exempt Permit, Information Sheet
Who may be issued
an exempt penn it?
Separate
applications
required
3101
An exempt permit can be issued to nonprofit organizations conducting lawful gambling
activity on five or fewer days, and awarding less than $50,000 in prizes during a calendar
year. (Raffles: Total cash prizes for a raffle may not exceed $12,OOO.)
Complete a separate application for each occasion, An occasion may be either:
1. One day of gambling activity.
. If your organization wants to conduct gambling activity on April 5, May 5, and June 5, you
must submit a separate application and fee for each activity date.
-OR-
2. Two or more consecutive days of gambling activity.
. If your organization wants to conduct gambfing on July 3,4, and 5 at the same site, you
may submit only one application and one fee.
Raffle: If you are conducting a raffle, each day a drawing is held constitutes one day of
gambling. If drawings are held on more than five days in a calendar year, your organization
must obtain an organization license, a gambling manager's license, and a premises permit.
How to obtain a copy of proof of nonprofit status
Minnesota Secretary of State IRS Income Tax exemption
Certificate of Good Standino - Nonprofit Articles 0 R Under a national oraanization
of Incorooration If your organization faJIs under a national organization,
Attach a copy of your organization's Certificate attach both of the following:
of Good Standing (317 A) showing incorporation 1. a copy of the IRS letter showing that your national
as a nonprofit organization. organization has been a registered nonprofit 501 (cl
organization and carries a group rufing, and
2. a copy of the charter, or letter from your national
organization, recognizing your organization as a
subordinate.
This certificate can be obtained from the
Minnesota Secretary of State:
Minnesota Secretary of State
Business Services Division
180 State Office Building
SI. Paul, MN 55155
Phone: 651-296-2803
Not under a national oroanization
If your organization does not fall under a national
organization, attach a copy of the IRS income tax
exemption [501 (cl] letter in the name of your
organization, showing income tax exempt status.
To obtain a copy of your federal income tax exempt
letter, send your federal 10 number and the date your
organization initially applied for tax exempt status to:
IRS
P.O. Box 2508
Room 4010
Cincinnati, OH 45201
Sales taX exempt status or federallD employer numbers are not proof of income tax exempt status.
Financial report
and recordkeeping
required
Questions?
A financial report form and instructions will be sent with your permit.
Complete and return the financial report form to the Board within 30 days of your date of
activity.
. Your organization must keep its gambling records for 3-1/2 years.
Call the Licensing Section ofthe 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. Or, check our Web site atwww.gcb.state.mn.us.
Sent 8y: Great Lake. Management Co.
Mory _ Co.."
City of CenIolVItit
Jom R*,~
Tim Yonlot
763 377 7387;
Jul-22-02 15:08;
r..,
fM, eel 12lil162ll
"", 7153-323-5882
fIlr.7li~2
Chauncey Barett Gardens
Centerville, MN
Executive Marketing Summary
.. July 16 . July 22, 2002
EN
Total Units 2 6 8
Leased this Period 0 0 0
Total Units Leased 2 6 8
T TAL LE ., .1<Xm 1 '" 100%
Vacancies
Total Units Vacant 0 0 0
2 6 8
. 1
Page 1/1
:/)ead BIzDIze $aJJJe au
P.O. BOX 441
HUGO, MINNESOTA 55038
Office: 612-347-8602 Fax: 612-313-7517 Cell: 65]-295-6877
Email: mburress@saanet.com
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July 18, 2002
Mayor Tim Swedberg
-1880 Main Sl.
Centerville, MN 55038
Re: Charitable Donations
Dear Mayor,
This letter is to bring you up to date on our charitable donations to benefit residents of
Centerville, per Ordinance # 51 regulating lawful gambling. We sincerely hope you approve of
the following:
$5,000 4/11/02 Centerville Elementary School Computers and Printers
$13,500 5/10/02 Centerville Elementary School All School Field Trip
$4.5DO 5/29/02 Centerville Elementary School 900 Student Passes @ $5 ea.
forSt~tp ffigh School Rodeo Championship Finals, held in Hugo, MN June 21-23. Receipt
attached.' This was a great opportunity for elementary school children to observe high school
student athletes competing for the opportunity to represent Minnesota in National Rodeo
C9Il\petition.
'~~!aeo
While we continue to accrue new amounts to be donated within the confines of the
above ordinance, we thought you might appreciate this update. Our membership enjoys
helping the local residents, and the opportunity to manage pull-tab concessions within the City,
Please let us know if you find these charitable donations so far to be acceptable within the
ordinance.
Total Contributions to date.
Yours truly,
~~t~
President
':Dead '93rcke Sad&(e e(~L'
May 29,2002
I, Kathy Millington, have received
from the Dead Broke Saddle Club,
I 900 Admission Buttons to the June 21,
22 & 23 Minnesota High School Rodeo
Finals at the value of $5.00 each for a
total of $4,500.00.