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HomeMy WebLinkAbout2002-07-24 CC Packet COUNCIL MEETING I. CALL TO ORDER WEDNESDAY, JULY 24, 2002 6:30 P.M. . ? 'Q., l.Lle,t- 10ov{L9j~l: l~Ii'~.c~ Vv- '0 'Jf~';LJ'F ". . II. 1. RoD Call APPROVAL OF AGENDA .+it.,.f1118~rL',.'; .' ':,:':_?":' _',;~~":~'><~, '::fl;'d:.'?i:i' ~-+"."..", p ~'().I,; 'gH., ~. '" : :=. ...~l~...'............./:m....... ........t.. JuJle~" ..' f ---~.'t.::".r7;-,/ -,-' - - ,- . ,,- III. A W ARDSIPRESENTA nONS/APPEARANCES 1. Mr. Howard Juni, 6068 Foxtail Drive, Lino Lakes- Candidate for County Commissioner '1]('; , /~. V.,/J Ordinance #4 (Zoning & Land Use) - Awwc'R ,))c '(IN ^'1'IL<~'-' '.', 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 . / LG230 ~. '''~ '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 \S'f,. nl~y~\<t.,,'-Ct Rc(><\'1-v\' ~f '~4J~.lc~tLh. z,.C~ I 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 >l' ~~ ,~/ ~'7 b'v' ov\ 1. ~'7 (y?- 630 t' \f' \. P'" APPROVAL OF COUNCIL MINUTES . >i1....I". '" j / {/{,1.V1.rJ ':J! -JII>Vfj...-r. 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 ~ )rfr( ! .~J l :: {/O 6. 7. 8. VII. 1. 2. 3. VIII. ANNOUNCEMENTSIUPDATES ~~~ - tXStn. kfb ~<L ~ 1. Administrator's Update ,.- IX. ADJOURNMENT ~. // / / , , ! \, rfJ (1" ~ /2R'7'n;e S(uJ;v p~ <fjt7t- ~ pa..vtu. ;; #~/ - Vii peLt'/!- ~J 7 l ff)CJI1; r vi? ' - ve"fui/"<.- a ~4 J [I"1ffLtL ~~ - ~ u~f fA'L ~V) "1 $SV ~</;~ 1\0 I . '. I ~,( vLRAf Y rve.<>s <b~ up. -//// ~ ~?./ . t 1#- 1; ~~ pl~ (0 ~ 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 -P~O~'-~'I-- ..'1--'"11 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 -P~:IO~-.~- -;':",:;;'-~11 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 -PflO~--;' iit--/i 13 t/) I- Z w :i w 0:: - ::l a w 0:: C 0:: ~ C Z c( I- o ...I t/) Z o t= :5 ::l " w 0:: I- o 0:: l- t/) i5 lL. o W ...I ::l C W ::J: o t/) c( W ...I lD ~ ~ "w ~ .s CD ~ ~ Ol z l!! .. '-' - I u.. 18 0- wen . 0 55 .g.Q~ iiiLL..- " "0 e: e: ~ 5 i5 .>< <.> .. .D a;. b en '" "0 W .>< <.> .. .D CD &0 en N 8i D: .>< <.> .. .D a; en "E e u.. 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Ol ::> g "i .<= '" C "" f5 <q. ~ . o b on b o on to: '0 E ::> E "", "E Ol l5 Ql Ql lil' 'g-g 0).... e: Ql "- ~ "OOl = ::i .s g l'l ~8ffi "ir;::~ E -g "- Q)::Ii::: ~ e E "0) 0) 2l. ~50) Ol E"!: .c .- "0 _1:_ . Q)'.'-'- (/)~.s . . . " III :;) j ~ ~ :1: ... 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 L__ __ - ,; *' (\J~/' . / . J . v ~.I.\~ V (j~-l J . .-' rl/ C/~ / , --) U- ." K1 ',~ 'l.J.Y ,- ..et1l1. 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 · s"t.;;~m"';~~~h6F" ...~_....~"\. S>~t.P.--.~, .~\P i ~p . c..c,",~ .~ . 't~ . f"Aee\c- . "l~;..; . : r'W~ ~ ~ . \Ai-\ dL;. . \M.- $.' .. ". . 1C-1'AL.. . ~. . \ 0\500.00 ~v'U- .~ ~. .~\~-t. ."15 I ......................"...................................... . . . . . .................._......._......_...........__..............................un.......................................................... . . . . .. . . .@) ""t"'o .s~ 25 L~_. .(S..s~~6~ ~M.6mcXo,.., ~f ~P.'RAPi ~~y-\~IScj. \>~~.~.~~.'."' ...........S?.~~.=~AL V~i. wp".:.fl.. .... ."~411b. 00 .(}... .~~. .~. -m. chv:u..t CoA.~ ~'.w~..\J.i~. lei . .~ . . .' .... .." .'. . V"4v'~\~, . {oP_ · 30'... . . . · · · · . · · · -t. .. . · . . '. · · · · · ""Tc5:tAC ... .2.500.00. ,.. -. -. -. .. . . ...........................--..... . . . . . .:... . . . . . . . . . . . . ...............,........._.."...._...........-....._..~..._.............................. All material is guaranteed to be as specified. and the above work to be performed in accordance with the drawings and specifications submitted for above work and completed in a susbstantlal workmanlike manner for the sum of Dollars ($ \ '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_" __.......... --..---.... ----..... 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" ~~ /Z4 wne"'- .:. tJ i!.k ,;.- tv~..ut k. ~-J __ ..G.....J .,.,........-.... e..J/~_ A,?~""':" cu-;" -'" ,... ~. .0.,. ~~,,:.+:..- -.u do- ~ -;..:".~ d-r- t; ~ ..y';"') /-jc.,IaA",:- -..J h.+....... 7ZA ~.. ?-~ ~,ur( Monday. July 01, Z002 Pug. 1 ofl . 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' .re .~Z- 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: . "'" ..h:::" j :'4':T;: EG~~: I P '~RI~IT 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 ...... ., "':Ir ............ ~ ...... ....... ~ ., - .--. :,.... " . " :.~.; ~ ~ CJear Rag At Steven l.n ~ntervme~ MN 53038rUS ~ltjr'7('. ,-. ,:~~ '. .... :'1 .~ -q -Z- eJZ- Mr.' ~l LJj> DlIJ-iC-. ~--:,1- ~'5 f~ :<r=/' -pj ---......, '"--- Millll_a DNR W~e!'S H~YaIJ~~'~~ , t.. t . ! \ <f,IItUV~~a: I I: '\ \~1. ~(\ ~St 0. C"6 r~~\ ,.:../ ~. . ~ r._ .... I....,. -.. '.~I eo{ .~\~ '-- St 9 \ j , og. :> ~ .' tlI 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 I . ,../"I\. . :.11~ property line . . ~c:.. <~ v e. A \.v IE:. 4. ^ ~-'" . . ,._-,_.-. . /--~:; '~, ~ 't C' l' 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' ~ -- -.. ... - . , . , . --= -- ., . I .~-~~ i!- A "'( ~ t <:t ~ ..~,_~v~..-.=; .'. ^ . <t 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 ~ <<;-0 .j- ~ 0-.0 ~ {vV ~ 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#))) ::;; Q. 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'" '" " '" '" 0 "0 '" N '" '" '" '" '" '" '" '" '" .,. c: u '" 0) '" '" '" '" '" '" '" '" '" '" ro .. 8 '" '" '" '" '" '" '" '" '" <0 <0 "- 0 0 g 0 0 0 0 0 0 0 g N u.. 0 0 0 <> 0 <> <> 0 0 0 " 0 "'0 '" '" '" '" '" '" '" '" ~ '" '" '" N l'Q'i: ~ ~ ~ ~ ~ ~ ~ - ~ - il 0.... ~ 0- ell <1> Q. ~ "''' ;; ;; ;; ;; ;; ~ ;; ;; ;; ;; ;; - .. 0 0 0 0.- 0:: " w - N N N N N N N N N N N N f- .. 0 <> 0 0 0 0 8 0 0 0 0 0 -' .. <> <> 0 <> 0 0 0 0 0 0 0 u: )0- N N N N N N N N N N N N 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 - -- ~ \:J ~ ~ ~ ~ J ~ ~ ~~ 0> ~~ E-I~ """'"'E-I Uz ~ U ~ III C '" Q)'- -0-0 .- Q) >.D Q).;:: ~O 0'" -Q) 0-0 ,l!!.... .!!! Jl! ~ - III ,.-.",. III C ij j ~'iii ~ c: CD . 11l.c \JQ ~g ~ 0'S \S :g, ~ ~~ ~ I~ ~ 'g ~ ~ 0.:5 ~ ~ ~iii ~ cf; \S~ 11l-o oc: o III I ~ll)Q) ~~ "- ~E \.:: ~ III -'" o Q) ('\, Q).c fi.'! .2!-; ~ Ill> (""\ '-;- ~ ~~~f~,~, ~~l~ ~ ,lil,~ ~ ~~ffi ~ t' ~* - ZQ)Q) "'.... oc:,E I-~~ ~ ~= Q) "Q).c ~..c- ...J-Q) a.-O a.0..!!! ~c:a. 0_ 0:;::; III 1-11lc) o Q) 1-1;:::- Z=-o ~~:ii --' 0'.... Cl)Q)Q) a:::.c a. ::>-0 D.. 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(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 l_ __. _ ~ ~ ~ ~ ~ J 't:J Q) .~ cu ~ ~ J ~ ~ ~~ 05= ~~ ~~ )IooooIj~ Uz ~ U ~~ ~ ~~ ~~ i::' ~ E @I 0.... J!!Ol """"" ,!!!~ ~ ..... c: ~ (11._ ~ enOl . "Om ~ ~ lij.c: '-J ~ c:~ ~ % . glll ~ ," ~ (11- '" ~"""",21o ~ C""". ti 8 '-.) Ol(1I ~ I \t ~o. 0'S ~ I 'g ~ ~ c...... ~ ~ ~ ii '" i"\':.; ~ Ol Ol ~ ~~ G'~E ~ ~ ~ !~ C:.c: . ~ ~ ~~ J I'll \2Jt ~......." ~ Qj J ~ ~ ~i~ ~~ ~ ~=o. ~t_O~~ bt ~ 8~~ . ....II;:: \'is ~ 8: 'm Qj '-....- ~<(::::lo. f ~i~ ~ ~O'!!! <(Ol'O ::)O~ en c: '- o:::Olo ::)32 en c..iii~ ~ O:::o.! :2 tit:' 11 g ....., CG Q)N....._ U. en ._0 0 '!:: c .c' 'v >'-.5 ::::IN'''O ...I.... III 0 Cl'- Z"'w ""c> ..J ... CD'- ... 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CIl (j .i:' <3 ... rJl ~ --=='-" tervi{{e '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 L_ _ _ _ I I I I I I I ~ ~ a ~ ~ J ~ ~ ~~ oS: ~~ ~~ ~~ Uz ~ U lr1::s!'!'!ui o ftL...,..... s i::' u..;:: III -"CI:I @ ~'- ~~=Sig IOOl Z_....-J!l-- 'U;=: 0 III E(/)~.5 ~ ~l +:i ~ . ! "C ii .. ~ ~ 10_ dlll~tI~~ ., ~N III~ <"CI~~~~ .., ~ -COl I-Gi<)C'-~ C-,= wa;::.-::lC.s ~ 10 lr ~ :lC C""'-..... C\, C ~ = ~ tI E'- ~ '-'\(010 I-ca ~... 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C tI III C o <) ~ - ~ tI <) >< tI tI :a l! .l!! III e ca ... ":' c o e .!!! tI III c tI ,g III :c I- N o OQ) N::;: >'~ ::I Q) -,- ...c OQ) ~() ca- -CO "' >- - - 0'- ...() .!/! Ol ~.c ...- -'- 00 tI= ... U tI C :5:::l _0 ca() tI III>. - tI'- ~() "'Ol "CI-,= el-- ca iii 4 4 rr w I- Z W o u.. o >- I- (3 W :r I- u.. o ~ o m C) z Z lr W > o C) w :r l- ll) (/) W Z l- i ... o >- III :IE >- 10 .iI/I. ... CIl o .i:' <3 ..... Ul Q) ~ , ). 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@ &~~[l'@~ 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 / ,~ I'"~ l~i:H fV :: \.i (\, , V'f,~ 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 tro' , ~\.. ~ ~ i"i"'.n~\ 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 . tI -;j 1 /_, - )-1<A:f taLI PS. ,.:Jtu~-U (/tub: /U~ U _ j ~. t/ J ,~-~ ,.1:Ud ~y ?-()-e ~~ _ kh-c+ 'flu ~1^--I'f' p) ~ t<-jut Cd'^.Iz1,~U-( ~kvb ;,uiC/v Hie ~6t )f2Zn t2pUL~ j/)/d/A~ ..J.,.) h/~x ~ ~ " . July 14,2002 JUl~ ~U\. \ ) ~OO, 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. '--- r'-liJr-i\K. f u->A.' ,) -f.,/1-4-0 i"-' in,-Lft: rl_,,~ v t.J , . , , l___ k1.l,;J.,/ L_ tervi[[e '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 , 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. -' " SinCerelY,) / ~ ,/1 ~-~- 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 I- I I I I I I ./ ~v! 1'/ 1"':;"- )-f;-tY-tu II ,\V ~ ~JJL{,vt f <._, O{ . ... '2.. iI o j,0; v v \./ "JUl , 2. ?un? [;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 J}/dt ;I dJff((!lltJ(J/tv/ ~!IJ!f;l ~'i Jt!ttIIJt 0Y!t: c2(J(Jc2-(Jc$ CITY OF CENTERVILLE ~- Cj~ ~~t~~fi;(Jc2 (~~(/j!?).(J(Jj/l!;.) "'.,~. :...' '. ^O-'.!<",: . ,', ,.~"":i. ',:..,.....- 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 ---======-------============~~~-=====---===------=~- Jglttll&~ ~:Waived 01d1t3 f c!9JJf!/ll//J(Jlttj WCJfb?J f c9fMii Jglttll&~ &%: ;2 ClCl;2- {J1 CITY OF CENTERVILLE ~~(J @5t1/11i1 ~ 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: -~---- -~- --~-~-~~- - ~-~--- ~--=--=----:....:...::..:=-=======-~-=:::::::::=:::~-=======--~~---=====::-----=.........-----=====~~-=----- . , !~.'~ .(~Jl '~r\ "'~~..'~".'.'" ., l1..i. :~'~.."".; '~""'\" : / ""'-' 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 -----'--~ I- I I I I I I 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 , ,~-".,,_._~'c.~'~' 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 ! I i I 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.