HomeMy WebLinkAbout2002-07-10 CC Packet
COUNCIL MEETING
WEDNESDAY, JULY 10, 2002
6:30 P.M.
I.
CALL TO ORDER
1. RoD Call /cvf'Y
APPROVAL OF AGENDA ",t,\~
II.
m. AWARDSIPRESENTATIONS/APPEARANCES f.:..;,,\(' ~{O~vJr v<~
.... ,r. 1\..ct [1e-Wf\ ~::tf' ~ ~tL"" .. \oJ"'" . ~
\0JO'o.Ii"~ Mr. Doug Jost, 7304 Brian Drive (Eagle Brook Church Proposal) _ 20th )~'~~;-
...\~''''~lY't1, It' Avenue, Lino Lakes (Traffic Concerns) ~7
?J~~~) >P '\:.. ~/ Mr. Bill Bisek. Lion's :reml1orary~vent 3.2 Liquor License (State Softball CVu,tl}yb
h'ii-~.[ '0~ .. / Tournament) (Angust'2'3, 't.f & 25,' 2002) - Laurie LaMotte Memorial Park
1J';~-"t 3V c;/en fou.xrs - ~hec *. - ffocckJ,<-<, 1A,S""'" /'310 Q.....bu. Sl-.
IV. PUBLIC HEARINGS 1 ;5~ ~ --- q ',j8 6'\ ,..;).,
1. Ordinance #4 (Zoning & Land Use) - 'T ~ t.!!:;!J ~
V. COUNCIL BUSINESS _ . K..r""^,lf,, '0./
-:-7 (Y1-V.K up ? \J~{ \ /],.
/<:, ,', j:. .1.';etf,Senterville Lion's Request for TemporarylEvent ~.2 Liquor Lit:eJ,1~e.:J.3 ,?V"" L
/ ~: --~'Propo'sed Liquor Ordinance (Kim) _ VlCl:U-Y"/ ~ .-r~ ""'T
ttdf. - 3. ~t. Paul Wat~!.{jtilities -1601 LaMotte Drive (Li~o Lakes1ten i e) ,
(KimlPaul) - +- .h..J~U. ..., z-tf
4. Proposed Massage Parlor Ordinance (Ki~~Uf>;-.... /JdSd'"
5. Proposed Tattooing, Body p. iercing & Bo~~ ng (Kim) '(~C~y~('Sa.>~~ ~:J
~6. Sheehy Lot Split Request-'~l><1 FU v -1"".J ~t.I~'1\ "&ir;1~'/.f~ D'"
~.__ (J) Resolution #02-023 - Carpenter PropertY -- H 6<6f ~ ."f' $1\.1 '",.-.-1"($
~'/ Resolution #02-024 - Transfer Funds Retro-Active - -/1'6'1,006 lZeol))1" ~. '-'('''7 '-. I
"'f:.-- Resolution #02-025 - Deferred Compensation Tax Pay'men~ IRS (Ellen P.)IJl'~ I.d.:.~
'l'O.,;- Pheasant Marsh Second Addition Final Plat ~e..\':>"".7-rYo...Vls ~Lf- I [ 4~"7'
--n. AcornCreek,l>ark. Trail (Tom f,et.ers9n) .1_ld..
(U0"()..) f'(!/~'4--p>,U.J...L':Jo; O~ WaJUA.~ .., j
VI. CONSENT AGENDA V U.N).A/t~
1. City of Centerville June 27, 2002 through July 10, 2002 Claims ~. 1-
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 1(!J "y(
Increase to Grade 5 Step 7 - ~ C~<P ~ . ::0\.:::\ ~) (,A ,
VII. APPROVAL OF COUNCIL MINUTES /' ~~'\'N"
1. June 17, 2002 Special Council Meeting Min,.te~^W 1:/" 0
2. June 26, 2002 Council Meeting Minutes -I\~~ \ 6,0 ^ "~p~~
VIII. ANNOUNCEMENTSIUPDATES V~V L.D1r'o~
pq,. (Z. ~e J>iCt\~v'~
COUNCIL MEETING
I.
CALL TO ORDER
1. Roll Call
APPROVAL OF AGENDA
WEDNESDAY, JULY 10, 2002
6:30 P.M.
~v
~""~
~~~rt"""'"
~..
II.
m. A W ARDSIPRESENTA TIONS/APPEARANCES
1. Mr. Doug Jost, 7304 Brian Drive (Eagle Brook Church Proposal) - 20tb .:&'I.....;;il',...... .
<t16DO~venue, Lino Lakes (Traffic Concerns) 1701:\- ustJ-o Avf.,. '
2"tsl Mr. Bill Bisek, Lion's TemporarylEvent 3.2 Liquor License (State Softball 6:S"1pm....-
"1oc(i tJ)J J;9!,rnl\,ment) (August 23, 24 & 25,2002) - Laurie LaMQ Memorial Park
~~~l I~O 'Q"~4v..~ J'f'i' 7:/)/',__
IV. PUBLIC HEARINGS .fI,,' . .
1. Ordinance #4 (Zoning & Land Use) 1 .~ / ~ k:. L j)J-
Dr-:: .U: \ ,. j;Ift"
V. COUNCIL BUSINESS 1-- 'r)l( _____
. ~ ~
1. Cent' 'on's Re ue or TemporarylEvent 3.2 Li uor License 7,j.D/,f,.If'J.
roposed Liquor Ordinance (Kim) r/t.. ~tf~ tf~~
St. Paul Water Utilities - 1601 LaMotte Drive (Lino Lakes/Centerv hl:Jo.." W
(KimlPaul) L 'J~~
Proposed Massage Parlor Ordinance (Kim) ~ I~ V O. _ /k
Proposed Tattooing, Body Piercing & Body Branding (Kim)' tJ. J~ fUPJ I
Sheehy Lot Split Requesti':u,,""1 (\.. ~r
Resolution #02-023 - Carpenter Property f:c~ T~
8. Resolution #02-024 - Transfer Funds Retro-Active J
~c-. l'fit,. 9. Resolution #02-025 - Deferrell Compensation Tax Payment ms (Ellen P.)'f: (J()
10. Pheasant Marsh Second Addition Final Plat r,'/l/'h'J :t.L -r-: .
11. Acorn Creek ~ark Trail (Tom P~terson)--rorv'l. k.u..- ~,.J .::.:.;. w~+
IZ-. ~ 1'ro.l~ ~.....,.j~'i.3.~~ ~,I't.-.sy~s L() /1;.
VI. CONSENT AGENDA ~\\ ~""J'li'~~~ ~ --r~ \ - '"1Iol.... d..<.t.... LO..b..'_\~
1. City ofCenterville June 27, iOin through July 10, 2002 Claims "6 N..t.
2. St. Genevieve's Temporary Gambling Permit
3. PC Solutious for Computers & Installation
4. Successful Completion of Performance Review and Grade 5 Step 6 Pay
Increase to Grade 5 Step 7
VII. APPROVAL OF COUNCIL MINUTES
1. June 17, 2002 Special Council Meeting Minntes l' ~
2. June 26, 2002 Council Meeting Minutes
VIII. ANNOUNCEMENTSIUPDATES
L__ __ __ _H
..I1IIIl
1. Administrator's Update
IX. EXECUTIVE SESSION
X. ADJOURNMENT
I
I
I
L____~____
tervi{{e
'EstaNisfted 1857
1880 'Main Street . Centeroi[fe, 'M9I[55038
(651] 429.3232 .:Fa7\. (651) 429.8629
CITY OF CENTERVILLE
APPLICATION FOR A 1 TO 4 DAY TEMPORARY/EVENT ON SALE LIQUOR LICENSE
(Organization or location limited to 3 permits in a 12 month period)
Type or Print Information
Dat Organized
;e:L- 0 dJ"I
i,/, '
U,Jf",ri,(("
Business Phone
':'5/-,653- ))1/
Type of Organization
o CLUB 0 CHARITABLE 0 RELlGIOU
Address ,,"
/'55;7 - (J)3 - .>'/
Address ,
/83).. l!c 10"'2-
Address
I) p$ - aiel
If an outdoor area, describe:
Tax Exempt Number
OZ:;3
St~lj Zip Code
/11 rtI p 3
Home Phone
.. ~z. - {l~56
o OTHER NON-
Ji /.I
,eK
~;
Will the applicant carry liquor liability insurance? If so, the carrier's name and amount of
covera e. &/' N4-li ; J::>- / pc) t:J ,~, t:fc"",,;>g ':5^Z
r. fr~ e ~.APPROVAL
APPLICATION MUST BE APPROVED BY CITY COUNCIL PRIOR TO SUBMISSION TO LIQUOR CONTROL
CITY OF CENTERVILLE DATE APPROVED
FEE AMOUNT $ LICENSE DATES
DATE FEE PAID
Ci Clerk
NOTE: Submit to the ~
Signature of Applicant:
L___ __ _H
ACORD CERTIFiCATE OF LIABILITY INSURANCE
m
CATE (MMJDDIYY)
06/12/2002
PRODUCER (952)893-9218
CORPORATE 4 INS AGENCY,
7220 METRO BOULEVARD
EDINA, MN 55439-2133
FAX (952)893-9402
INC.
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE; POLICIES BELOW.
INSURERS AFFORDING COVERAGE
General Star Indemnity
INSURED
INSURER A:
Centerville Lions Club
7389 Old Mill Road
Centerville, MN 55038
INSURER 8:
INSURER c:
INSURER D:
INSURER E:
COVE GES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE Pouey PERIOD INDICA TED. N07W1THSTANDING
ANY REQUIRE.MENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENTW/TH RESPECT TO WHICHTHJS CERTlFJCATE MAY BE ISSUED OR
MAY PERTAIN, THE iNSURANCE AFFORDED BY THE POLICiES OESCRIBED HERElN ]S SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONomONS OF SUCH
POLICIES. AGGREGATE UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR TYPE OF INSURANCE POUCY NUMBER DATE (MMlDotWf DAre IMMJDDIVY} LIMITS
~NERAL L.IABIUlY EACH OCCURRENCE $
COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Anyone fire) ,
l CLAIMS MADE 0 OCCUR MED EXP (Any ane person) ,
- PERSONAL & ADV INJuRY ,
- GENERAL AGGREGATE ,
~'lAG~nE LIMIT APnS PER: PRODUCTS - COMPfOP AGG ,
POLICY j~T LOC
~OMOBILE LIABIliTY COMBINED SINGLE LIMIT ,
ANY AUTO (Eaaecident)
-
- All OWNED AUTOS 80DCL Y INJURY
(Per person) ,
- SCHEDULED AUTOS
- HIRED AUTOS THIS INSURANCE IS ISS ED PIJRSUII.., T TO BODILY INJURY
!; LINES INSU}i {Per accident) $
- NON-OWNED AUTOS It';:: MINNESOTA SURPlU I't.;C'=
ACT. THE INSURER IS ~~ ELIGIBLE SU ~ljUS PROPERTY DAMAGE
LINES INSURER B~T I NOT OTHER ISE (Per accident) ,
-,;-;
RRAGE LiABiLiTY 'or 1m: 01"" Jr, .AiMS AUTO ONLY - EA ACCIDENT $
ANY AUTO CASE OF INSOLVENCY, P '" YMENT OF C EAACC
IS NOT GUARANTEED. OTHER THAN ,
AUTO ONLY: AGG $
EXCESS LIABIUlY SURPLUS LINES TAX EACH OCCURRENCE ,
LrOCCUR 0 CtAlMS MADE AGGREGATE ,
$
R ~EDUCT1BLE ,
RETENTION , ,
WORKERS COMPENSATION AND I To"R,;' li'Mi'fS I 1u E,\'-
EMPLOYERS' LIABILITY E.L. EACH ACCIDENT
,
E.L. DISEASE - EA EMPLOYEE ,
E.L. DISEASE - POLICY LIMIT ,
OTHER lIMA574028 06/30/2002 06/30/2003 $1,000,000 each common cause
li quor Liability "
A ..,..' $1,000,000 aggregate
DESCRIPTION OF OPERATlONSlLOCATlONSNEHICLESfEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
CERTIFICATE HOLDER I I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES B~ CANCELLED BEFORE THE I
E(pIRATION DATE THEREOF, Tl-lE ISSUING COMPANY WlL\.ENDEAVOR TO MAIL
.....10-- DAYS WRmEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
City of Centervil1e SUT FAILURE TO MAIL SUCH NOTICE SHALl. IMPOSE NO OBLIGATION OR LIABILITY I
1880 Main St. OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
Centervil1e, MN 55038 I ~UTHORJZED REPRESENTATIVE ~ cJ2.~N
Jane Johnson/MB
I <.-::s in"1) c i.O'
I
l _ I
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/01
2 Amended: SnlOl
1 Amended: 1/30/01
Effective 9/5/00
City of CenterviIle Oed. #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 IS: Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2
Section 015-010 Specific purposes. ...................................................... 2
Section 015-020: Definitions. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2
Abandonment ................................................................ 2
Abutting .................................................................... 2
AccessoryBuilding ............................................................ 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 Council or 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
District Zoning ............................................................... 5
Drive-In Establishment ......................................................... 5
Dwelling .................................................................... 5
Dwelling, Single-Family, Attached (group, row, and townhouses) ... . . . . . . . . . . . . . . . . . .. 5
Dwelling, Single-Family, Detached ............................................... 5
Dwelling, Two-Family ......................................................... 5
Dwelling, Multiple ............................................................ 6
Dwelling, Seasonal ............................................................ 6
Dwelling 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
ili........................................................................7
Height of Bnilding . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . ... 7
Home Occupation ............................................................. 7
Hotel....................................................................... 7
Impervious Surface ............................................................ 7
IndustrialPark ............................................................... 7
Clear cutting ................................................................. 7
Junk Yard ................................................................... 7
Kennel - Commercial . .. . .. .. . . . .. .. .. .. .. . . . .. .. .. .. . . .. .. . .. .. .. . .. .. .. .. ... 8
LightManufacturing ........................................................... 8
Lot ........................................................................ 8
Lot Area .................................................................... 8
Lot, Comer .................................................................. 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
ManufacturedHousing ......................................................... 9
Mineral Extraction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 10
Motor Vehicle. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 10
Motor Fuel Station ........................................................... 10
Non-Conforming Strncture 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 Strncture .............................................. II
Private Property. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11
Public Hearing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. II
Public Property .............................................................. 11
Recreational Use ....................................... . . . . . . . . . . . . . . . . . . . . .. II
Recreational Vehicles ......................................................... 11
Residential Facility ........................................................... II
Right-of-Way ............................................................... II
Semipublic Use .............................................................. II
Sethack .................................................................... 11
Sewer System ............................................................... II
Shore Impact Zone ........................................................... 11
Sign....................................................................... 12
Significant Historic Site. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 12
Story ...................................................................... 12
Story-Half . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 12
Steep Slope ................................................................. 12
Street Access . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 12
Street Line . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 12
Strncture ................................................................... 12
Strnctural 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 Strncture 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: Scope and Interpretation ........................................................... 15
Division 25: Lot Provisions .................................................................. 17
Division 30: Non-Conforming Uses and Structnres ........ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .. 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 Structnres ................................................... 20
Division 65: Accessory Structures and Uses ..................................................... 20
Division 70: Site Plan Review Reauired . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 21
Section 070-010: 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 of the Zoning Map. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 23
Section 080-030: Establishment of Districts. ................... . . . . . . . . . . . . . . . . . . . . . . . . .. 23
Section 080-040: Rural Residential (R-I). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 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
Permitted Uses and Structures. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 25
Section 080-070: Single-Family, Manufactured Housing (R-4). ............................... 26
Purpose .................................................................... 26
Permitted Uses and Structnres . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 26
Special Requirements ......................................................... 26
Purp=....................................................................n
Permitted Uses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 27
Section 080-090: Commercial District (B-1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 27
~~....................................................................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
Sit. PI~,Special Use Plan Review' ............................................... 29
Accessory Structures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 29
Exterior of Building . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .. 29
Permitted Encroachments ...................................................... 29
Exterior Merchandise
See Sution Division #135-140.' ......................................... 29
LightingNnisance'
See Sutiuu #135-040.' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 29
Driveways .................................................................. 29
Special Use Permits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 30
Sigos ...................................................................... 30
Refuse ..................................................................... 30
Permitted Uses................................................ _.............. 31
Section 080-100: Industrial District (I-I). ....................... _ . . . . . . . . . . . . . . . . . . . . . . .. 32
~ose .................................................................... 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
Exterior Merchandise ......................................................... 34
LightingNuisance' .. . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 34
Driveways .................................................................. 35
Special Use Permits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 35
Sigos .............................................. _ . . . . . . . . . . . . . . . . . . . . . .. 35
b~.....................................................................~
Loading Facilities ...............................,............................ 36
Storage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 36
Permitted UsesiUses Permitted on Soecial Use Permit' ............................... 36
Special Requirements ............................................ _ . . . . . . . . . . .. 37
Section 080-11 0: PubliclInstitutional District (P-I). ............,..... . . . . . . . . . . . . . . . . . . . . .. 37
Permitted Uses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 37
Section 080-120: Mixed Use District (M-I). .............................................. 37
Purpose .................................................................... 37
Permitted Uses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 37
Special requirements. . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 37
Division 85: Zero Lot Lines .................................................................. 38
-j
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
Section105-030: Visual Obstructions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . .. 40
Section 105-040: Swimming Pool Fencing ............................................... 40
Division 110: Sign Regulations ............................................................... 41
Section 110-010: General Provisions. ................................................... 41
Section 110-020: 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"d1ingStructure's. .................................................. 44
Section 115-020: Excess Height on a Permit. ..........,.................................. 44
Division 120: Yards. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., .. 44
Section 120-010: General Requirements. ................................................ 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 135-11 0: 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
CommerciallIndustrial 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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 51
Division 160: Landscaping.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 51
Section 160-010: Minimum Quantities. ................................................. 51
Section 160-020: Minimum Standards. .................................................. 52
Parking Requirements ................................................................ 53
Section 165-010: Change in Facilities. .................................................. 53
Section 165-020: Off-Street Parking and Loading Zones. ................................... 53
Section 165-030: Off-Street Loading. .................................................. 54
Section 165-040: Fractional Space. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 54
Section 165-050: 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 170: Building Numbers. ............................ ................................. 55
Section 170-010: Numbers Required. ................................................... 55
Section 170-020: Alternative Display. ....... _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 55
Division 175: Sporting, Athletic, and Music Events. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 55
Division 180: Planned Unit Developments (PUDs) . . . . . . . . . . . . . . . . . . . . . . _ . _ . . . . . . . _ . . . . . . . . . . _ . . .. 55
Section 180-0 I 0: Objectives. .......................................................... 55
Subd.l: ...................... .............................................. 55
Subd. 2: ........... _ . . . . . . . _ . . . . . . . . . . . . . , . . . _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 56
Subd.3: .................................................................... 56
Subd. 4 _ . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 56
Subd. 5: ............................ _ . . . . . . . . _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 56
Section 180-020: 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. 10 . . . .. . .. . .. .. .. .. .. .. .. . .. . . . . . .. . . .. . .. .. . .. . .. . .. . .. . . . . .. .. .. .... 57
Section 180-030: Uses Permitted. ...................................................... 57
Section 180-040: Relationship ofPUD Site to Adjacent Areas. ............................... 57
Section 180-050: Minimum Size. ...................................................... 57
Section 180-060: Minimum Lot Size. ............ _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 57
Section 180-070: Setback and Side Yard Requirements. .................................... 58
Section 180-080: Access to Public Right-of-Way. ......................................... 58
Section 180-090: Utility Requirements. ................................. _ . . . . . . . . . . . . . .. 58
Section 180-100: Open Space. ....... _ . . . . . . . . . _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 58
Section 180-110: Parking. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 58
Section 180-120: Arrangement of Commercial Uses. . ............... .... ..... .... ...... ... 58
Section] 80-130: Arrangement ofIndustria! Uses. ...................... _ . . . . . . . . . . . . . . . . .. 58
Section 180-140: Procedure. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 59
Pre-Application Meeting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 59
Section 180-150: Application. .. . . . . . . . . . . . .. . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . .. 59
-.:~.I.::--
Section 180-160: Actions. ............................................................ 60
Subd. 1 By Commission. ...................................................... 60
Subd 2. By Council. ......................................................... 61
Section 180-170: PUD Agreement. .. .. . . .. .. .. .. . .. .. .. . . .. . .. . .. .. .. . . .. .. . . .. . .. . .., 61
Section 180-180: FinaiReviewandApproval. ............................................ 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 180-210: Time Limit. ......................................................... 64
Section 180-220: Annual Review. ...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 64
Section 180-23;!.'0: Amendments. . . . . . . . . . . . ...... .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. " 64
Section 180-24;1'0: Completion. ....................................................... 64
Section 180-254'0: Site Improvements. ................................................. 65
Section 180-265'0: Construction. ...................................................... 65
Section 180-2'1'6'0: Maintenance of Common Open Space. .................................. 65
Section 180-267'0: 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: Applicatiou, Public Hearing, and Procedure. ............................... 69
Section 190-030: Termination. ........................................................ 69
Section 190-040: Standards. .......................................................... 69
Section 190-050: Conditions. ......................................................... 69
Division 195: Amendments ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 70
Division 200: Special Use Permits ......................................... . . . . . . . . . . . . . . . . . . " 70
Section 200-010: 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 the Building Inspector. .................................. 72
Division 210: Fees and Licensing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 72
Division 215: Effective Date. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 72
.
_ __~,_:..c~,.~-'
5 Am<nd<:U;
4 Amended; 2/19102
3 Amended; 9/4/0 1
2 Amended; smol
1 Amended; 1/30/0 1
Ef\Octive 9/5/00
City ofCenterville Ord. #4
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF CENTERVILLE
ORDINANCE #4
An Ordinance regulating the use of land, location, bulk, height, and use of structures and
the arrangement of the structures, on lots, and the density or population in the City of
Centerville, Minnesota and providing for the administration and enforcement of such
regulations. Adult orientated businesses are reaulated separatelv bv City Ordinance.5
The City Council of the City of Centerville ordains as follows:
DIVISION 10: General Provisions
Section 010-010: Title. This ordinance shall be known as Ordinance #4, City of Centerville Zoning
Ordinance except as herein referred to as "this Ordinance".
Section 010-020: Purpose. It is the purpose of this Ordinance to:
. Protect and promote public health, safety and general welfare.
. Protect the natural resources in the City.
. Establish land use patterns and development regulations consistent with the City of
Centerville Comprehensive Plan.
. Prevent overcrowding of land.
. Limit congestion and promote safety in the public rights-of-way.
. Prevent the premature demand of public services.
. Stage development consistent with the efficient provision of public utilities and public
services.
. Maintain the small town character and quality of living in the community.
. Establish compatibility of land uses in the City to protect existing investments and
property values.
. Promote opportunities for cohesive and compatible business development.
. Establish guidelines and regulations to promote housing variety and quality living
environments.
Section 010-030: Jurisdiction. The geographic jurisdiction of this Ordinance includes the entire area
within 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.
----- ----P::Jvr-:.:;:-~~t'-'-it
5 Amended:
4 Amended: 2/19102
3 Amended: 9/4/0 1
2 Amended: sn/O 1
1 Amended: 1/30/01
Elfuctive 9/5/00
City ofCenterville 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. lfany provision ofthis Ordinance or the application of any provision to
particular circumstances is held invalid, the remainder of the Ordinance or the application of such
provision to other circumstances shall not be affected.
Section 010-060: Repeal. Ordinances, including all prior Zoning Ordinances and Amendments or parts
thereof in force at the time this Ordinance shall take effect and Ordinances inconsistent herewith are
hereby repealed, including Centerville Ordinance #10. Nothing contained in this Ordinance repeals or
amends any Ordinance requiring a permit or license to engage in any business or occupation.
Division 15: Definitions
Section 015-010 Specific purposes. For the purposes of this Ordinance, certain words contained
herein have the following meaning. Other words not included in this Section shall have the meaning
defined in Minnesota State Statutes. Other words not so defined shall have the meaning customarily
associated with them.
Section 015-020: Definitions.
Abandonment - To cease or discontinue a use or activity without intent to resume, but excluding
temporary or short term interruptions to a use or activity during periods of remodeling, maintaining, or
otherwise improving or rearranging a facility, or during normal periods of vacation or seasonal closure.
Abutting - Having a common border with, or being separated from such a common border by a right-of-
way, alley or easement.
Accessory Building - A subordinate structure detached from but 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.
- PH;.:.;~-,-:~:,:...-::f,--.A
5 Amended:
4 Amended: 2/19102
3 Amended: 9/4/01
2 Amended: 8nlOl
I Amended: 1130101
Effilctiv.9/5/00
City ofCentervill. On!. #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.
Aparbnent - A room or suite of rooms, including bath and kitchen facilities, in a multiple-family building
designed for occupancy by a single family.
Apartment, Accessory - An apartment that is Secondary and incidental to a principal use or building.
Area Identification Sign - A freestanding sign which identifies the name of a residential subdivision,
commercial or industrial development.
Basement - A portion of a building located partly underground, having more then 50% of its f1oor-to-
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 Centerville.
Boathouse - A structure designed and used solely for the storage of boats or boating equipment.
Building - Any structure having a roof which may provide shelter or enclosure of persons, animal or
chattel, and when said structure is divided by party walls without openings, each portion of such building
so separated shall be deemed a separate building.
Buildable Area - The space remaining on a zoning lot after minimum yard and open space requirements
have been met.
Building Coverage - See Lot Coverage.
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---p-",ur.~' .ri:-,-~
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/0 I
2 Amended: Sn/Ol
I Amended: !l30/O 1
EflCotive 9/5/00
City ofCenterville 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 liiujJsliRgStrucwres.
Business Area - Any business activity, which renders service to other commercial or industrial
enterprises.
Certificate of Occuoancv - Issued bv the Buildina Officialllnspector of the City upon satifactorv
final inspection of dwellina unites) or commercial buildino(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 educational purposes but open only to
members and not the general public.
Cluster Housing - The grouping of single-family dwellings within specified areas while maintaining the
same overall allowable density in that same area.
Commercial Use - An occupation, employment, or enterprise that is carried on for profit by the owner,
lessee, or licensee.
Commission - The Planning and Zoning Commission of the City of Centerville.
Commissioner - A member of the Planning and Zoning Commission.
Comprehensive Plan - A compilation of policy statements, goals, standards and maps for guiding the
physical, social and economic development of the City and including a land use plan, a community
facilities plan and a transportation plan which has been prepared and adopted by the City of Centerville.
Conditional Use - A use, which because of special problems of control requires reasonable limitations
peculiar to the use for the protection of the publiC welfare and the integrity of the Comprehensive Plan.
Conditional Use Permit - A permit, issued by the Council, in accordance with procedures specified in
- Pri(,;::~-..;t)~l^~
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/01
2 Amended: sn/O 1
1 Amended: 1130/01
E_.9/5/oo
Cny ofCentervill. 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 buildihg 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.
Density - The number of dwelling units permitted per net acre of land.
Development - All structures and other modifications ofthe natural landscape above and below ground
or water, on a particular site.
District - See Zone.
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aRB PFBFFlis86.5
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
unit entirely surrounded by open space on the same lot.
Dwelling, Two-Family - A building used exclusively for occupancy by two (2) families living
independently of each other.
.-PJJc.:,r-:-:::;-.if:,--i
5 Amended:
4 Amended: 2/1 9102
3 Amended: 9/4/01
2 Amended: snlO 1
1 Amended: 1130101
Elli:ctive 915/00
City ofC-rnlle om #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 ofland.
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.
-~p~\;,;r., ;.-..t'c-i-~
5 Amended:
4 Amended: 2119102
3 Amended: 914/(J I
2 Amended: amo 1
1 Amended: 113010 1
Efl\,ctive 9/51fJQ
City ofCenterville Ord. #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 of the ground, paving, or sidewalk within the
area between the building and the property line, or when the property line is more than five feet from the
building, between the building and a line five feet from the building.
Height of Building - The vertical distance from the average elevation of the finished grade at the front of
the building to the highest point of the roof for flat roofs; to the deck line of mansard roofs; and to the
mean height between eaves and ridge for gable, hip and gambrel roofs.
Home Occupation - An occupation, profession, activity, or use that is clearly a customary, incidental,
and secondary use of a residential dwelling unit and which does not alter the exterior of the property or
affect the residential character of the neighborhood.
Hotel- A building occupied as more or less temporary abiding place of individuals who are lodged with
or without meals for compensation and in which there are more than ten (10) sleeping rooms usually
occupied singly, and in which no provision is made for cooking in any individual apartment.
Impervious Surface - Any material that substantially reduces or prevents the infiltration of storm water
into previously undeveloped land. Impervious surface shall include graveled driveways and parking
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.
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Junk Yard - land or structures used for the storage or keeping of junk, including scrap metals, or for the
--- V~v~.~::;--:-.lf-"-, -~
5 Amended:
4 Amended: 2119/02
3 Amended: 9/4/01
2 Amended: SnJOI
I Amended: 1130/01
Effi:ctjve 9/5/00
City ofc.ntervilleOnl.#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 Qf horizontal plane bounded by the vertical planes through front, side, and rear lot
lines.
Lot, Corner - A lot abutting on and at the intersection of two or more streets.
Lot Coverage - Determined by dividing that area of a lot which is occupied or covered by the total
horizontal projected surface of all buildings, including covered porches and accessory buildings, by the
gross area of that lot.
Lot Depth - The average horizontal distance between the front and rear lot lines.
Lot, Interior - An interior lot is a lot other than a corner lot.
Lot Line - A line dividing one lot from another lot or from a street or alley.
Lot Line, Front - On an interior lot, the lot line abutting a street; or, on a corner lot, the lot lines abutting
a street; or, on a through lot, the lot line abutting the street providing the primary access to the lot; or, on
a flag lot, the interior lot line most parallel to and nearest the street from which access is obtained.
Lot Line, Rear - The lot line not intersecting a front lot line that is most distant from and most closely
parallel to the front lot line. A lot bounded by only three lot lines will not have a rear lot line.
Lot Line, Side - Any lot line not a front or rear lot line.
Lot, Minimum Area Of - The measurements of a lot computed exclusive of any portion of the right-of-
way of any public thoroughfare.
Lot of Record - A lot, which is part of a subdivision or plat, an Auditor's Subdivision or a registered Land
~P~~r:~~;.:~f~, ::\
5 Ameoded:
4 Ameoded: 2/19/02
3 Amended: 9/4/01
2 Ameoded: sn/O 1
1 Amended: 1130/01
Etli:ctive 9/5/00
C;ly ofCen!ervJll. 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 Yz) 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
setback fine.
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~u:.::;:::.:-..;_:~-;t~--.-~
,---~- -- -
5 Amended:
4 Am<nded: 2/19/02
3 Amended: 9/4/0 1
2 Amended: sn/OI
1 Amended: 1130/01
Effective 9/5/00
City ofCenterville Oni. #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 natvral 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.
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5 Amended:
4 Amended: UI9ill2
3 Amended: 914101
2 Amended: 8n1O I
1 Amended: l130m
Effi:ctive 9/5100
City of Centerville Ord. #4
"8sigReEl te Ile tFQRSIilElFte", iRSIIlEliRg, Ilwt Ret limite" tEl, sigRs ElesigRoEl ts BO tFQRSlilsFte" BY meaRS sf
wf;lsslt; SigRt s9RveFtea te.~ er T frames; FAeRY aRS &aAEI'/.~eR S9aFS sigFls; wfJtsrellas ..seg mr
aQvsl'tisiRg; aRElsigRS attasRes ts sr lilaiRteElsR v8RisleslilaFkeEl aRe visible wsm tl:le Iilwlillis Figl:lt sfway,
!dRlsss saia 'Jef::lisle is W&SQ iR tt:l9 R9rFRal say ts gay ep9FatisRS aflAs tJwSiRetg5.
Principal Use or Principal Structure - The main use to which the premises are devoted and the
purpose for which the premises exist.
Private Property - Any real property within the City which is privately owned and which is not a public
property as defined in this section.
Public Hearing - An official public meeting, which notice has been published in the official newspaper.
Public Property - Any street or highway that includes the entire width between the boundary lines of
every way publicly maintained for the purposes of vehicular travel, and shall also mean any other
pUblicly owned property or facility.
Recreational Use - Golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat
launches ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries,
shooting preserves, target ranges, trap and skeet ranges, hunting and fiShing areas, hiking, bicycling
and horseback riding trails.
Recreational Vehicles - A mobile vehicle, including boats, used for recreational purposes capable of
being towed or being self-propelled.
Residential Facility - A state licensed residential facility, defined by Chapter 462,
Minnesota Statutes, serving six (6) or fewer persons, in a Single-Family Residential District and no more
than sixteen (16) persons in a Multiple-Family Residential District.
Right-of-Way - A street, alley or easement permanently established for the passage of persons and
vehicles, including the traveled surface of lands adjacent that are formally dedicated to such usage.
Semipublic Use - The use of land by a private, nonprofit organization to provide a public service that is
ordinarily open to some persons outside the regular constituency of the organization.
Setback - The minimum horizontal distance between a lot line and a building line or use.
Sewer System - Pipelines or conduits, pumping stations, forcemain, and all other construction devices,
appliances, or appurtenances used for conducting sewage or industrial waste or other wastes to a point
of ultimate disposal.
Shore Impact Zone - Land located between the ordinary high water level of a public water and a line
-P~Ur;--;. .'"':,.;";-:;
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4101
2 Amended: SnlOl
1 Amended: 1130101
E_ve 9/5/00
City ofCenterville Ord. #4
parallel to it at a set back of fifty percent (50%) of the structure setback.
Sign - ,fJ.,RY RaAlEl ieleRtifisatiBR, !lisplay ilh:lstFatiBR strl:lGWre Elr e1ElvisEl 'lJhiGR is pl:lslisly !lisplayes aRS
wt:liSR is WSElS te sirest atteRtiElR te a IlFeSl:Iet, per6ElR, BWSiR9SS, iRGtitl:ltiElR sr plaBe. 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.
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-l-':.tp;::'::;::,..~.'1.f-'-i "l
5 Amended:
4 Amended: 2119/02
3 Amended: 9/4/0 1
2 Amended: 8n/O 1
1 Amended: 1130/0 1
E&ctive 9/5/00
City ofCenterville 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 cbmbination thereof, except those separations:
A. Where all the resulting parcels, tracts, lots, or interests will be twenty (20) acres or
larger in size and five hundred (500) feet in width for residential uses and five (5)
acres or larger in size for commercial and industrial uses; and
B. Creating cemetery lots; and
C. Resulting from court orders, or the adjustment of a lot line by the relocation of a
common boundary. The purpose or activity for which the land or building thereon is
designed, arranged, or intended, or for which it is occupied or maintained and shall
include any manner of performance of such activity with respect to the performance
standards of this ordinance.
Supply Yard - A commercial establishment storing or offering for sale building supplies, steel supplies,
coal, heavy equipment, feed and grain, and similar goods. Supply yards do not include the wrecking,
salvaging, dismantling or storage of automobiles and similar vehicles.
Townhouse - Single-family, attached units in structures housing three or more continuous dwelling
units, sharing a common wall, each having separate and individual front and rear entrances; the
structures being as of a row house type as distinguished from multiple dwelling apartment buildings.
Travel Trailers - A mobile vehicle with wheels, designed for overnight living or camping purposes,
capable of being towed by a motor vehicle.
Use, Pennitted - 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.
Vehicle - Any vehicle which is self-propelled or designed to be pushed or pulled and shall include, but
not be limited to, automobile, busses, motorbikes, motorcycles, motor scooters, trucks, tractors, go-carts,
golf carts, campers, trailers, boats, planes and gliders.
-P::HJr-:-:;-~ .'~:.~'1
'---
5 Amended:
4 Amended: 2/19/02
3 Amended: 91410 I
2 Amended: SnlOl
I Amended: 1130/01
E_e 9/5/00
City nf Centerville Oni #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.
Y~N, !"FeAt /I. yaFEI ellteAEling aGress tl:1e fI:llI \':iEltl:1 sf tl:1e WeRt let Betl:JSeR siEle let IiRes aREI elltGlREliR!I
freFR tl:1e aBl:IttiRg stFBet right ef v:ay liRe te a Eleptl:1 reqlliFBEI iR tl:1e yaFEI F8!1lllatisns eftl:1e ElislFiet in '.vI:1ish
slJol:llet is leGated. QR a serRaf let the street aaSF988 Sf RaFre\~!est ttFeet Efi~eR8i9R sf tRe ttres! sRall
Be tl:1e freAt yaFEl. 1
Yard, Front - A yard extending across the full width ofthe 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 cal~ulating 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.
--p~u-r.--. ..;.1.~-~-/l
5 Amended:
4 Amended: 2119102
J Amended: 9/4101
2 Amended: snto 1
I Amended: 1130101
Efli:ctive 9/5100
City ofCenterville Ord. #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.
The word "shall" is used to mean mandatory, whereas the word "may" is permissive and does not imply
obligation.
The catch lines of the sections of this Ordinance are intended as mere catchwords to indicate the
content of the section, and shall not be deemed or taken to be titles of such sections, nor be deemed to
govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any
sections.
Division 20: Scope and Interpretation
A. Scope
No structure, or part, thereof, shall be erected, converted, enlarged, reconstructed,
altered or moved without a permit approved by the City. No structure or land shall
be used for any purpose or altered in any manner that is not in conformity with the
provisions ofthis 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
-PR(7r';~.~,.~-..'1i'''-;~
5 Amended:
4 Amended: 2119/02
3 Amended: 914/0 I
2 Amended: sn/OI
1 Amended: 1130101
Effective 9/5/00
City ofCentervilIe 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 of this Ordinance shall be held
to be the minimum requirements for the promotion of the public health, safety and
general welfare.
D. Use Not Identified
Uses not specifically identified in this Ordinance as permitted shall be prohibited.
Amendments to this Ordinance shall be required to allow any use, which is not
clearly permitted by right.
E. Deadline for Actions
It is the intent of the City to comply with State requirements for timely review and
actions requiring formal approval by the City. Information submissions and
applications must be determined by the City to be complete before a time line for
action is initiated. In the event the City cannot act upon a request within a sixty (60)
day time frame, the City will notify an applicant in writing that action will be
completed within 120 days of the date the application was accepted by the City. In
the event that multiple approvals are involved in any action, such as a site plan
review requiring a variance or a Zoning Ordinance amendment requiring a
Comprehensive Plan amendment, each action shall require a separate,
independent timeline for action.
F. Other Ordinances
The City has enacted or may enact other Ordinances that may supplement or
supercede this Ordinance, including but not limited to the Subdivision Ordinance,
Shoreland Ordinance and the adoption of building codes. Users of this Ordinance
should contact the City to determine whether certain provisions in this Ordinance
are affected by other Ordinances.
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
--,.PfUJi-::;;;.'l"('I1.
5 Amended:
4Amended: 2/19/02
3 Amended: 9/410 1
2 Amended: SnlO 1
1 Amended: 1130101
Effuctive 9/5/00
City ofCenrerville Old. #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
ieElti9R ggg gag Table A5; and
B. An existing lot of record shall be deemed a buildable Jot even though the lot area
and/or dimensions are less than those required for the district provided as follows:
1. Evidence must be presented that the lot in question met
minimum requirements for the division of property under
ordinance regulations in effect at the time of the division of
property; and
2. It fronts on a pUblic street; and
3. The lot is within seventy percent (70%) of the minimum lot area
and lot width required.
C. If two (2) or more lots are in single ownership and if all or part of the lots do not
meet the width and area requirements of this Ordinance, the contiguous lots shall
be considered to be an undivided parcel for the purpose of this Ordinance.
Division 30: Non-Conforming Uses and Structures
Any structure or use existing upon the effective date ofthe 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 ofthis Ordinance; and
B. If a non-conforming use is discontinued or a non-conforming structure is abandoned
for a period of six ~) 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
--}i~Ur;-~:-;:::;- .~~:.)~
5 Amended:
4 Amended: 2119102
3 Amended: 914101
2 Amended: snlOl
I Amended: 1130101
Effi:ctive 9/5100
City ofCenterviIle 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 shalf take place within the structure; and
C. There shalf 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. ~J9 FRBR3 tnaR ORe (1) SigR Rat SXGSeaiRg tta;e (2) E~l:IaFe feet v/iiA 3 maximl:lm
Aeil!ll:lt Elf tAres (J) fest iaeRtifyiRl!l tAe ElsliwpatieR 61:1alll:le ..sea 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 shalf 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 shalf
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:::to'r,:_::;~-;; ~~i'.;.;~
5 Amended:
4 Amended: 2/19/V2
3 Amended: 914/01
2 Amended: SnlOI
1 Amended: 1130/0 1
E_e 9/5/00
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, 9l:/t aFe &l:/Sjest ta t~8 MiRR8&sta ~tats IilYilEliRS Cslle5.
Oi-}isi8A 10: Dn-:ewa-.- 2REI PaFkiAJI L.et 1A18F8-..SJR8Rta
AU r:eqWir:9S iRgF9s6.'egr988 ~eiRk, Elri'J9\aJayt aRs ~arltiRS areas gRail 99 1138\'9(;1 v:itt:l aspRalt, S9ReFete,
PB'."9~, G98019SWR8 Sf tin:tilar material a.Gerding t9 R=liRimwFJ1 City spseitieati9Rs, 9XGlwaiRg R 1 Cistrists.
9Fivs'.\'aYs may Rst 9XGees a W.!9Rty fewr (21) feet 'ltiatR at tREJ str.eetIiRQ.5
Division 55: Public Utilities Reauired
All residential, commercial, industrial, public, institutional or other uses, which include plumbing facilities,
--p~ur.-;.:;; _"\1,-1"1
5 Amended:
4 Amended: 2/19102
3 Amended: 9/4/0 I
2 Amended: sn/O\
1 Amended: 1130/01
Effective 9/5/00
City ofCenterv11le Ord. #4
shall be connected to the public sewer and water system when available. See Ordinance #'s 30 & 45.5
Division 60: Relocated Buildinas 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%) ofthe lot area whichever is greater, except in
the M-1 and R-4District.2 No accessory structure may be constructed on a parcel without a principal
structure. Accessory structures must have a minimum of a five (5) foot side setback and a ten (10) foot
rear setback, except in the M-1 District where the building code governs the setbacks. No structure may
be placed in an easement.
In case an accessory structure is attached to the main building, it shall be made structurally a part of the
main building and shall comply in all respects with the requirements of this Ordinance applicable to the
main building. AR aGSe88ery ll\lil9iRi, \lRle88 attaeReel te aReI FRaele a llaR ef tRe FRaiA
IlYilsiRliI, 8Rall Rat Ile Glesar tllaR fi'te (Iii) feet te tile FRaiR ll\lilsiRg, 9lIG91lt as etl:lew:ise IlrelJiQe9 iR tRis
semieR. An accessory buildina. unless attached to and made a part of the main buildina. shall not be
closer than six (6) feet to the main buildina. except as otherwise provided in this section. 1 The side walls
of an accessory building may not exceed ten (10) feet in height. The total area of an attached accessory
buildina (qaraae) shall be no areater than 1500 square feet per level. Swimmina pool$ may exceed the
size reauirements for accessory structures. but they can not exceed fifty (50) percent of the rear vard
aFea.2
Commercial uses (as defined bv Ordinance #4) in the M-1 District will follow the Commercial auidelines
~P~u-~',~_,;:,~~'~/~
5 Amended:
4 Amended: 2119102
3 Amended: 9/410 1
2 Amended: SnlOl
I Amended: 1130101
EJli:ctive 915100
City ofCenterville Ord. #4
for percentage of green space. For all other properties in the M-1 District. the maximum accessory
structure allowed is 704 square feet and 440 square feet in the R-4 District. neither ~s to exceed the
size of the prinCipal structure if an attached garage does not exist. If an attached aaraae exists. the
maximum accesso stru ture allowed is two 2 ercent of the lot size or a R'liRimllR'l maximumS of 200
sauare fee .
Division 70: Site Plan Review Reaulred
For all land use applications or permit applications stller tllaR SiRgla family R616is8Rtial AS..... GeAstRIstielA
IiliilsiRS ~srmit65, a site plan review is required bv the Zonina Administrator or their desianee. Said
review shall take place thirty (30) days prior to the desired Plannina and Zonina meeting. For example, if
a property owner desires to construct a homs (or any other structure) and desires to have it presented to
the Plannin!:! and Zoning Commission in Mav. the apPlication and site plan need to be presented to the
Zoning Administrator or his/her designee the first week in Aori15.
Section 070.Q10: Submittal Requirements.
A. Boundary survey of parcel including identification of all monuments; and
B. Scaled location of all buildings, structures, driveways, sidewalk, trails, parking stalls
and curbing; and
C. Scaled identification of all setback dimensions from property lines including front
minimum and maximum princioal structure setbacks;2 and
D. Scaled locations of all existing and proposed utilities and easements; and
E. Scaled depictions of floor plans for each story; and
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
I. Scaled delineations of any shoreland, floodplain or wetland areas on the site; and
J. Identification of any floodplain or wetland encroachments and detailed mitigation
plans; and
K. Detailed landscape plans, illustrating size, types and locations of all materials, a
description of site seeding or sodding, a description of the timetable for site
landscaping and the identification of any irrigation systems; and
-P'HU.:~ =.;::;-. :~1:-/~
5 Amended,
4 Amended, 2/19/02
3 Amended, 9/410 I
2 Amended: snlO I
1 Amended: 1/30101
_e 9/5/00
City ofCenterville 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 s8mmittil8 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 ofthe proposed action with existing area land uses, existing area investments and
neighborhood character, capacity of public streets and utilities and future planned land uses.
Section 070.030: Exceptions. The City may waive certain submittal requirements for residential
variance applications, when it is determined that submittal requirements are not applicable or are not
necessary to complete a review of the proposed action. The City may also waive certain submittal
requirements for other actions, when site plan information for the subject property has previously been
submitted to the City and may be more appropriately supplemented with new information.
Division 75: Final Gradina and Landscaping
Lots in all districts shall be subject to the following:
Subd. 1
No Occupancy Permit shall be issued until the lot upon which the structure is
constructed is brought to finished grade as specified, except durina
inclement weather an escrow shall be deposited with the City as approved in
the fee schedule5; and
Subd.2
Within six (6) months from the issuance of the Occupancy Permit the lot
shall be landscaped in a manner, which prevents erosion due to wind or
water. Extensions may be granted at tl1e Building Official's discretion.
Division 80: Zonina Districts/Use Reaulations
Section 080-010: Zoning Map. A map entitled "Centerville Zoning Map" is hereby adopted by
reference and declared to be part of this Ordinance as the Official Zoning Map.
Such map shall be on permanent file and available for public inspection in the City Hall. It shall be the
P~op:/7'r\:r'-"il
5 Amended:
4 Amended: 2/19102
3 Amended: 914101
2 Amended: smo 1
1 Amended: 1130101
Effective 915/00
City ofCenteMlle 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 that they approximately follow
lot lines, such lot lines shall be construed to be such boundary lines; and
C. Where a zoning district boundary line divides a lot, the location of any such zoning
district boundary line, unless indicated by dimensions shown on the zoning map,
shall be determined by the use of the map scale shown thereon; and
D. If, after the application of the foregoing rules, uncertainty still exists as to the exact
location of a zoning district boundary line, the boundary line shall be determined in
a reasonable manner, conSidering the history of uses of the property and the history
of zoning ordinances and amendments in Centerville as well as other relevant facts.
Section 080-030: Establishment of Districts. For the purpose of this Ordinance, the City of
Centerville is hereby divided into the following zoning districts:
R-1 Rural Residential
R-2A High Density Single Family Residential
R-2 Single Family Residential
R-4 Single Family Manufactured Housing District
R-5 Single Family Residential - Estate
B-1 Commercial
1-1 Industrial Park District
P-1 Public/Institutional District
M-1 Mixed Use
.pJ:JC1~-z, 1')1:~./~
1--
5 Amended:
4 Amended: 2119/02
3 Amended: 914/0 1
2 Amended: SnlO 1
1 Amended: 1130/01
E_.9/5/00
City ofCentervilIe 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
8. 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 a~e 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.
-. .~
-P::;\Ur-:"-;~' .'\;::-/"'l
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/0 1
2 Amended: smo I
1 Amended: 1/30/01
E_ve 9/5/00
City ofCenterville 000. #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.
-P~Ot"':~:::l. .;;'.~'-"'/l
S Amended:
4 Amended: 2/19/02
3 Amended: 914/() I
2 Amended: Sn/()l
I Amended: I130/()1
E_9IS/()0
City ofCenterville On!. #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.
--PflOP:~/nl'Yi-f=t
5 Amended:
4 Amended: 2119102
3 Amended: 914101
2 Amended: smo 1
1 Amended: 1130101
E1fo<rive915100
City ofCcnterville Ont. #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 aoolv to all buildinas that may 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
As orovided in Division #90 of this ordinance.
In addition to Division #90:
-PRUr: -7; ..~~:-,)i
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/01
2 Amended: smol
I Amended: 1130/0 I
Effective 9/5fOO
Cily ofCenterville Ord #4
A Space for a sino Ie vehicle shall be nine (9) feet bv eiahteen (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 parkino limits. Plans and
specifications for parkina areas shall be reviewed bv the Rice Creek Watershed.
and approved bv the City. Approval from the City will occur onlv after completion of
the site plan review process. The site plan review process reauires a hearina
before the Plannin!:! and Zonin!:! Committee and the City Council.
C. There shall not be off street parkina within five (5) feet from any street ri!:!ht 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 parkin!:!. off street loadin!:!, 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 of the street ripht-of-way. The plantina or fence desian must be approved bv the
site plan review process. The site plan review process reauires a hearina before the Plannina and
Zonina Committee and the City Council. Per Division #70.
Screenina Reauirements
If the City Council reauires any type of screenina as a condition for a variance or special use permit;
the applicant shall complv with the followina conditions:
A File a COpy of the screenin!:! plans with the Zonina Administrator.
B. The screenina. plantina or construction. or both shall be complete within one year
from the date of the buildina permit. subiect to extension bv the City Council.
C. The screenina shall be maintained after completion.
Landscapina
A minimum of ten (10) 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 crass and shrubbery or other approved !:!round
cover. Landscaped areas will continue to be maintained by the prooerty owner on a continuous basis.
Green areas within abuttina street riaht-of-wavs will also be maintained bv the property owner. See
Division #160 for other reauirements.
P::l{J~-/.A-I-,~.~/l
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4101
2 Amended: SnJOI
I Amended: 1/30/01
EIrective 9/5/00
City ofCenteIVille Ord. #4
Site PlaRSDecial Use Plan Revievl
Site slaRs far all Se'}Sf9BFReRt6 resyiriRs a ssesial wse SSFJ;1it mwst 99 swsFRitteEf 9.~9r ts tR9 iSSYSRGe 9f
91:1ilEliRA 118Fmite. At 18ast tAB feIlB,..JiREl iRfsFmatisR ERall 98 S1:I9FRitteEl fer rBvi8'.v: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.
8. Buildino plans. includina buildino elevations. indicatina mass. buildina materials.
and color of all exterior surfaces. includina all materials prooosed to meet the
screenina reauirements of this ordinance.
C. Landscape plans. includina the number. soecies. and size of all plantinas.
D. Gradina. drainaae. oarkina areas. items to be stored. and utility olans.
Accessory Structures
Garaaes. accessorv structures. screen walls. buildinas. and exoosed areas of retainina walls shall be of
similar tyoe. auality. and apoearance as the orincipal structure.
Exterior of Buildina
All buildinas shall be finished on all sides with permanent finished materials of consistent auality. per
Division #95. and Ordinance #44-A.
Permitted Encroachments
The followinq 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. ooen canooies. steos. chimneys. flaa poles.
ornamental features. open fire escaoes. sidewalks. and fences. exceot as hereinafter amended.
Exterior Merchandise
See SeGtieR Division #135-140.5
~iRRtiR"Nuisance5
See Se6tieR #135-040.5
Drivewavs
A.
No driveway shall be located within one hundred (100) feet of any riaht~of-wav
line of a street intersection. Said distances shall be measured alonQ the
oroperlY line from the corner riaht-of-wav and County line.
. -~Ps:l(J~:::;-';~~~~'-/~
5 Amended:
4 Amended: 2119/02
3 Amended: 9/4/01
2 Amended: SnJOI
1 Amended: 1/30101
Ejrective 915100
City ofCenterville 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 Division #200 of this ordinance.
Criteria for issuance of Special Use Permit. When reviewina 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 ofthe 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.
Sians
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 tiahl.
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 eniovment of adioinina property.
C.
All aarbaae containers shall be screened with a suitable enclosure.
- P;lut":'~i;",~~:,~/':l
5 Amended:
4 Amended: 2/] 9/02
3 Amended: 9/4/01
2 Amended: SnlOl
1 Amended: 1130/01
Effective 9/5/00
City ofCenterville Oni. #4
D. Everv Qarbaae 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 notitv. in writina. the provider
or user of the container of the deficiency and shall reQuire the repair or replacement
of the container within fifteen (15) days. All container enclosures shall also be kept
in aood reoair.5
Permitted Uses
A. Retail sales and service, but excluding adult orientated businesses.
B. Automobile and motorized equipment sales and service, excluding salvage operations.
C. Farm implement sales and service.
D. Building supply sales and storage yards.
E. Funeral homes and mortuaries.
F. Day care centers.
G. Hotels and motels.
H. Full service gasoline sales and service.
I. Eating and drinking establishments.
J. Financial institutions.
K. Personal and professional business offices.
L. Public buildings.
M. Barber/Beauty salons.
N. Commercial schools.
O. Hospitals and clinics.
P. Nursing homes.
P~Vr: -; . ;,;,'/1
5 Amend<d:
4 Amend<d: 2119/02
3 Amend<d: 9/4/0 1
2 Amend<d: snlOl
1 Amended: 1130/0 I
E_ve 9/5/00
Cily ofCenterviUe Ord. #4
Q. Commercial recreation.
R. Animal clinics.
S. Car washes.
T. Liquor stores.
Section 080-100: Industrial District (I-i).
Purpose
It is intended that the 1-1 District provide opportunities for light manufacturing and industrial uses, trade
businesses, machine shops and other more extensive land uses.
General Minimum Requirements
The following minimum reauirements. as set forth herein. shall applv to all buildinas that may be erected,
converted or structurally altered in Industrial Districts.
Setback
See Table A - Schedule of District Regulations Lot and Yard Reauirements.
In addition. side yards facing 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.
Suildin" height in Industrial Districts
As provided in Division #115 of this ordinance.
Off StAtet ParkiAA
Aa sr9':iasd iR DiviaioA #80 sf U:liE 9r=aiRQRse.5
In addition to Division #90:
A. Space for a single 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 driveways and parkina limits. Plans and
specifications for parking areas shall be reviewed by the City Engineer. and
approved by the City Council prior to construction.
C. All open street parking areas havina more than six (6) parking spaces shall be
effectivelY screened by a wall. fence of acceptable design. or compact hedge alona
::"'P::Jo-~;~-::;~;~:\ ~".."'il
5 Amended:
4 Amended; 2/19/02
3 Amended; 914/0 I
2 Amended: sn/OI
I Amended; 1131l101
Effi:ctive 915/00
City ofCenterville Or<!. #4
all sides which adioin or are directlv 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 bv 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 Bastien Division #165.5
Buffer Zone Between Incjustrial and Residential Districts
Where the side yard of any Industrial District abuts a Residential District. the minimum side yard setback
s~1I be sixty 60 feet. Parkina of vehicles will be permitted within (40) feet ofthe side yard fine. All side
yard areas not utilized for parkina shall be landscaped with screenina provided alona the side lot fine to
within (15) feet of any public riaht-of-wav.
Screenina 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 bv 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 of a cash
escrow or letter of credit. The cash escrow or letter of credit amount shall
be forfeited to the City if any provisions of this section are violated.
Landscaping
A minimum of ten (10) 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
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. Also see
Section #160.
~-PRo-r.-~;~; ..1--;l~
5 Amended:
4 Amended: 2119/02
3 Amended: 914/0 I
2 Amended: sn/O 1
1 Amended: 1130101
Effi:ctive915100
City ofCenterville Ord. #4
Site Plan Special Use Plan Reviews
Sits slaRs fer all d8..~8IesJ;l9Rt& reswirs aSBaial blBe seFFAits E1Fier Ie tt:le ;sswaRs9 sf bwilGliRS eerJt:litt.
N. least the falla'l!iREi illfGFFRatiall shall lie sl:lsFRitte~ fer R!'Jis'A'Site plans for all uses reauirina a
special use permit must be submitted for review prior to the issuance of the buildina permit.:
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 utilitv plans.
E. See Division #2005.
Accessorv Structures
Garaaes. accessory structures. screen walls and exposed areas of retainina walls shall be of similar
type. auality, and appearance as the principal structure. Accessory structures shall comply with all of
Section #080-100.
Exterior of Building
All buildinas shall be finished on all sides with permanent finished materials of consistent auality. per
Division #100. and Amendment #44-A.
Permitted Encroachments
The followina shall not be considered as encroachments on setbacks subiect to other conditions within
this ordinance:
Off street parkina spaces. flues. belt course. leaders. sills. pilaster. lintels. cornices. eaves. autters.
awninas. open terraces. service station pump islands. open canopies. steps. chimneys. f1aa poles.
ornamental features. open fire escapes. sidewalks. and fences. except as hereinafter amended.
Exterior Merchandise
See SeGti9A Division5 #135-140.
L.ishtiAsNuisances
See SeGti9A Division5#13S-040.
PHP~:-::;-" I)~--/l
Drivewavs
A.
B.
5 Am<mded,
4 Amended: 2/19/02
3 Amended: 9/4/0 1
2 Amended, sn/OI
1 Amended: 1130/01
Effective 9/5/00
City ofCenterville Qrd. #4
No drivewav shall be located within one hundred (100) feet of anv right of-wav 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 require a review bY the City Enaineer.
Special Use Permits
As provided in Division #200 of this ordinance.
Criteria for issuance of Special Use Permit. When reviewing an application for a Special Use Permit the
Planning and Zoning Commission and City Council shall considered the followina criteria:
Impact on traffic.
Impact on parks. streets. and other public facilities.
C. Compatibility of the site plan. internal traffic circulation. landscaping and structures
with contiauous properties.
D. Impact of the use on the market value of contiguous properties.
E. Impact on general public health. safety. and welfare.
F. Compatibility with the City's Comprehensive Plan.
Siems
As provided in Ordinance #39.
Refuse
A.
B.
All premises shall be provided with. at owners expense. an adequate number of
approved containers to hold the Qarbaae 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
equipped with suitable handles and tiaht fittina covers and shall be kept covered
when there is QarbaQe stored therein.
Garbage and rubbish containers shall be placed at the rear of the premises or in
such a manner as to be out of view from the street. In no event shall container or
their enclosures be placed or maintained in such a wav to unreasonablv interfere
with the use or eniovment of adioining property.
-~P"'Ot"": .~:,..';1c..:-/':l
1-
5 Amended:
4 Amended: 2/19f{)2
3 Amended: 9/4f{) 1
2 Amended: an/ol
1 Amended: 1130/01
Effective 9/5/00
City ofCenterville 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 thorouahlv cleansed as needed. If. upon inspection bv 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
of the container within fifteen (15) days. All container enclosures shall also be kept
in aood repair.
Loadina Facilities
loadina facilities shall be on the side of rear yards. When adiacent to and/or visible from anv public
street. such facilities must be adeauately screened.
Storaae
For the purpose of this zonina district. car. vans and pick-up trucks parked outside and used bv
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 constru6ted5 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 constru6led5 as an operation listed as a conditional use in any
industrial zone.5
Permitted Uses/Uses Permitted on Special Use Permif
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
-P~ui-:~'"-=-;. .-.'11'./i
5 Amended;
4 Antonded; 2119102
3 Amended; 9/410 I
2 Antonded; 8n 10 I
I Antonded; 113010 1
Effi:ctive 9fSIOO
City ofCenterville Ord. #4
H. Kennels (Soecial Use Permit Reauired)5
Sp89ial ReqlliFeAl8At;&
Tf;:ts stsFage sf sWfJplies, pfsElWet&, '/eRislss, e"bliFFR8Rt er ether materiaJE gRail be keJ)t iR€ls9rs blRJeS€
tetally SSF8sIlse frsm pW91ie rigl:lts sf ':Jay aRe aSjaseRt pFspeFtiss. .~wlt sFiElRtatse IlwsiRessss are
Fsgbllated separately BY City Or~iRaR895.
Section 080-110: Public/Institutional District (P-1).
Purpose
It is intended that the P-1 District provide opportunities for government facilities, schools, churches,
hospitals, libraries and other similar public and institutional uses.
Permitted Uses
A. Government buildings, structures, facilities, utilities, rights-of-way, easements,
parks, open spaces and vacant land.
B. Schools, churches, cultural and educational facilities and uses, libraries, hospitals
and health facilities.
Section 080-120: Mixed Use District (M-1).
Purpose
It is intended that the M-1 District provide for the unique layout and character of a traditional central
business district with retail, professional office, residential, and other mixed uses.
Permitted Uses
A. Retail sales conducted within structures, but excluding automobile and motorized
equipment sales, truck stops, gasoline and fuel sales, drive through restaurants.
B. Repair and service conducted within structures, but excluding automobile and
motorized equipment repair.
C. Professional and business offices.
D. Multiple residences and accessory uses.
E. Accessory apartments.
F. Theaters and recreational businesses conducted within structures.
G. Public buildings.
--1'~(Jr-:-.~--;~; ;";-.-/'1
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/0 1
2 Amended: smol
1 Amended: 1130/01
E_.9/5/oo
City ofCenterville 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.
Division 85: Zero Lot Lines
In new residential subdivisions in M-1, R-2A, R-2, R-3 and R-4 Residential Zoning Districts, structures
may be arranged to include one (1) zero lot line provided that no windows or doors open on this side of
the structure. The appropriate setbacks apply.
Di~:isi9_A eQ: PaFkinG Re8YinURSM&
T~9 felhna:iRg table iIIw~trat9s tt:le R=liRimwFR RI:JFA8er sf ~afkiR9 spases Al(tuirea fer vaFieU4€ 1,1&98 p9FFRitteEf
iR tAe City. Tl:le City may Il'leelij;; ll'liRim...m llarkiRg Fel;!...iFemeRts iR tAe M 1 9istriet, as llaFt Elf tt:le ~itEl
PlaR AppFeval presase, if it it ~etermiR8d tJilat tAe 1:189 is S9RSistSRt t&!itl=l tRe pl:lrpS&8 9f the Elistrist i1R€I
stFeet paFlting is slI#isiElnt te assemRlElelate tl:le IIse.
Uses
MiAiAUUR PaFkinCl ~9f1Yired
--p~O"p--~-I('-i~i"-/l
5 Amended:
4 Amended: 2119102
3 Amended: 91410 1
2 Amended: snlO 1
1 Amended: 1/30101
Effective 915/00
City ofCenterville Ont. #4
Reei&SRtial................................... 2JE1v:slliRg wRit
Cllllrl;f:I98 ..................................... 1.'8 8Ba~& iR laFgElst assElll'll;)ly
~sf:lgels........................................ 1Js/as6r:eeAl phis 1/d seats iR lal"ilElst assElAlBly
Tf:IElateFS ...................................... 1!J 6eats
Resta\lraFlw ................................. 1.'J seats
Offille8 .........................................li!1 ,g90 sEI\laFEl feet gFElSS fleer spaee
Retail........................................... S/1,QOO SEl\laFEl feet gress fleer aFEla
CElR'JeRiElRee liltElFEls .................... 7./1 ,000 6E1l:1aFEl feet gFEl66 fleer area
GeR9ral iewie9s......................... ~.r1,0gg &~waF9 fest gratE f.leer area
Trade iIl/6;R8S686........................ :il1,OQ9 sEll:IaFEl feet gre6s fleer aFEla
MaRl:IfaGtl:lRRg.............................. d!1 ,000 6Ell:laFEl feElt !!lFElSS fleer area
Otf:ler IRdwstFial............................ 8/1,000 sEll:lare feet !!lFEl66 fleer are
Car '..\'a8~e&................................. ifstaskiRg per say
grive UIl Re6taWFaFltS..................li gtaekiRg pl1:l6 118 6eats5
Division 95: Commercial Exterior Building Materials
Except; as otherwise regulated herein, the exterior wall surfaces of all new or expanded commercial
buildings shall consist of face brick, finished block or other textured masonry product approved by the
Planning and Zoning Commission. Exceptions to all masonry exteriors may be considered and approved
by the Planning and Zoning Commission provided the following findings are met:
A. The combination of exterior materials is used as an architectural compliment to the
structure.
B. The combination of exterior materials used is not inconsistent with the quality and
appearance used on similar buildings in the same zoning district or neighborhood.
C. Site conditions limit public exposure to certain exterior surfaces where masonry
products are not proposed.
D. An exterior wall may be temporary and a future expansion area of a structure and
be subject to removal or redesign as an interior wall.
Buildings are required to have contrasting architectural features and must be designed to be
aesthetically pleasing.
Division 100: Industrial Exterior Building Materials
Industrial buildings are required to be constructed of brick, decorative block or approved textured
masonry product. Pole barn type buildings are not allowed. Buildings are required to have contrasting
architectural features and must be designed to be aesthetically pleasing.
-P~Ur:.::;'-';- ~\',.ll
5 AmenWod:
4 AmenWod: 2119102
3 AmenWod: 91410 1
2 AmenWod: SnlOl
1 Amended: 113010 I
E_v.915100
City ofCenterville Ord #4
Division 10S: Fences
A. All fences shall be located entirely upon the property of the fence owner unless the
owner of the adjoining property agrees, in writing, that said fence may be erected
on the property line of the respective properties. Such an agreement shall be
submitted at the time of building permit application. If the adjoining property owner
does not agree to the erection of such fence, the fence shall be set back a.minimum
of two (2) feet from all lot lines. No fence other than a decorative fence may be
constructed along the side lot lines of a residential lot between the street and the
front extension ofthe 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 10S..()10: Snow-Stop Fencing. Snow-stop fencing may be used from November 1 to April 1.
No permit shall be required for temporary fencing.
Section 10S-020: Electric and Barbed Wire Fence. Electric fences, hog wire fencing, barbed wire
fencing, and similar fencing will not be allowed except in the R-1 District.
Section10S"()30: 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 10S..()40: 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~op:- .....- i;:"I.'l'~
5 Amended;
4 Amend<d; 2119/02
3 Amend": 9/4/01
2 Amended; 8n101
I Amended; 1130/01
Elketivc 9/5/00
City ofC_rvillc Ord. #4
Division 110: Sian Regulations
See Ordinance #39.
i8stiGA 110 010: W8A8F31 PF9Viai8AC~
G.
I.
J.
A
. U
SiSRS ~rs Iilr~RiBitea'MtRi~ tRQ InlBlis rillRt af way ar easeRleRtsexsellttt:latt*le City
;~~i:s~~~~i~::~~~:a~~:~~~::i:sQa~~~~ Issate sigRS aRa aeSaFatisRS SR e'r
Iil.
FlasRiRg sigAE, lllatioR sigRS Sf similar ete~JiQes sRall se prsAibited iR all distri t
S*6ellt apj:1rB'/sa tFaffis sigRal devises. S s,
c.
!1~tEilr~sr iIIWRl.iRatsa sillRS am j:1ermitlisd iR all aistFists SKsspt RssiasAtial
I IlRllRateel SlgRS sllall Rave a sllielEledlillRt sowrse. . All
c.
iwsiR9S& .Si~A& shall Rei 99 paiFltes, atbtJ:reEi, Sf iR aAY FRaRRSf a#iJtSB '9 tF99t
:~= ~~::~~~~:~~: :~~S~~di:~~ SigAS of aRY tylle sRall BS paiRteEl Elirestly s~
I!.
;~~: :'~::'~~~~~;~i'~~tRi~RpSe::i1:~ a:'i~~s~GI:f ~~:;:klFS. ~~ p~ElestriaRs kl sse
IlselestriaRs are preRioitea. . s o~ .SRISls epsratsF& sr
j;.
'AI II .
~~~PS~:~~I:'''':: :~~~~~t:: t~ee..~:I.1 iR a plaRS parallel te tRs vlall aRa Rat
~iIlA~ sl:Iall Ret prejsst aoa\'e tAs reaf/iRe af aRY strwstl:lrs '''itRewt tlla isswaRse f
pS91al Use PSFFAit. .- 8 a
H.
~J9 8.igR BRall pl:lytisally elittrwst SRY VJiRQS\\f, firs saBa 9 Sf ..
prs\'lele sRtFY ar eKit ta aRr su-ystwre sr BllilEliRil ar PYlillis '.1l'ay ~peRIRglFlteRaeel ts
.~II &!~R& eRg &igR stFWetwres sRall 98 pFepBffy R1siRtaiReo iA a .
s9Aal~lsR at all ~iRl8S, iRSIYEliRil tAe mplaSSRleFlt af aefesti','e paFts :~8fe,. ereleFl~
:th:r ~teRl6 re'lwlrea fer tile RlaiRteRaRss sf tile sigR. \~getatisR aF~YREI ~:I:R~~
:::~::.:":'.:%~;,:t =;'~E::::~~:~:~t:~:[~~:~.l.~=
Ne sigRs FRay SEa pJaeeEl SA wtility Feles iR tRe eeA=lRlwAi~..
-~J1~a~-";'lij~'-C-I~
I-
I
5 Amended;
4 Amended; 2/19/02
3 Amended; 9/4/01
2 Amended; smo 1
1 Amended; 1130/01
Etrective 9/5/00
City ofCenterville Ont. #4
K. TReFB Rlay 99 AS FRere thaR eRe iS9Atisa( SigR per lat iR a ~&ia8Rtially ;Z9RS9 area.
S.stieR 110 020: PeARi." SigHS.
A. CampaigR SigRS pesteElBY BeRa fide saREliElates ~r palitisal Elmse sr BY a peFlleR er
gr9\:lf) pmmetiRg ~ (a9litiGal iSS\:l9 fer a s3Rsisale ~ay B9 plaG9d iR aRY aistriGt
sloI9jeet te tlo1e re~loIireRleRts €If tlo1e ElistFist. Campai!lR &igRS may Be pestes fer a
peries Ret 19 exe99E1 six:ty fig) "ays BREI shall Jae remsvss 'NitJ.1iR seveR says
fellevljRj tRe sats 9f tR9 elsGtieR. ORly SAe sigFl per S9Rdioate 'Jl411 99 allatwg Fer
IE*.
B. TeFAf3eFa~:; beRRers SR" peRA3Rts empleye9 ferSFaRd ep9RiRS sf iw&iR9&S
9stablisRmeRts, speGial S',teRts BRS Relidays sRall 99 rSFR9VeS 'Niti;1iR fOblFteeR (14)
gays after swsl:l aA ep9RiR9, 9'.~9Rt Sf J.1elisay. SaRA8FS or pSRRaRts '.";RiGR 3F9 aA
iRtegral paR €If tlo1e sesigR er afslo1itestllre €If a 9101ihiiRg are perRlittes.
C. ORe temperar:y iSIilRtifisatieR sillR, seWRll feFtIo1 tlo1e Rame sf tRe pFejest, arslo1iteGt,
9RgiAeeFS, Q9Atrsst9r€, plaRR8FS aRg 'RR9RSiAg ag9R~i9s, m:ay se iRstalJe€l at a
SGREtrwstisFI site in :lRY sistriet far t~8 peries 9f S9Rstn..fGtisR. TRg SigR :aFsa 9f a
tempsmry iaeRtifiGatieR sign ~R~II Rst 9XG9SEJ fRiRY fillS (:a i) sqY9F9 feet.
D. IR ElRY Elistrist, eRe teRlfleFilry real Elstate Si!lR may geerestes fer tRe fll:lrflElse ef
3a\~BRi€iAg 11:19 leas9 sr Eals 9f pr9[iJeFty WpSR ',\i:liSR it is (alases. ORly ElRe EWGR
SigR 81010111 ge permittes per street fl:eAtage. SloIslo1 SigR &1010111 Be reRle\'eel 'uittliR
se'leR (7) (;jays feIl9\\4Rg leat9 Sf sale.
E. OpeR RQY~9 er at,",er temp9F8r," SiSRS t~at aF9 plaS9a QRa FemeV9a SR tRe same
~
TAg ~aximwm size sf SW6~ signs fer SaGR aistrist is as f9Ih~'JJ6:
ResiEl8Rtial Qistrillts Ii ................................................. TeR (1Q) sEllolare feet
I\griewltwre SRS Pwsli9llRstitwtisRal Oistrists ~ ............. T'NeRt)' five (25) SGlwaF8 feet
CSFRmereiaJ.lIRSYEtrial QiEtRsts Ii................................. TRiFW R\f9 (~2) sEfwars feat
Se9tioR 1100:10: Portable SigHS. Per:ta9le SigRS are prelo1isiteel iR resiEieRtial elistriets. PeRasle sigRs
iR allstR9r gistri9k afe alt9VJ9a \"titJ;., p9Fmit as spsGifieally QYtl1sFiled ~9Ie\.\~. Pefbele sigRs wsed fer the
plIFfilese af liIirestiR8 tlo1e P1ol9liS will Be p8f1:RittQliI sblBjeet te tAe fGlle':JjRg seRElitieRs:
.Au ~aiEi SiSA it G9iRsiEl9Rtal ts er wees iR seRjYRstieR t,'itA a f)l:Islie NAstieR; eRs
i. ~aig SigR is YEeS fer a apeeial SYaiR88~, ~F9m9ti9A er 9~_'eRt; aRd
--p~'cji-:~ ~/. :I:..l'~'/~
5 Amended,
4 Amended, 2119102
3 Amended, 914101
2 Amended; snlOl
1 Amende<t 113010 I
Effuctive 915100
City ofCenterville Ord. #4
D. Tt.:Ie (aeries efW69 fer EwsR a €igA sl=lall Ret 9XS999 fewFte9R (11) S9RS19Sl:Itiv9 Qay~;
aM
[). ~Je IawsiR98& FRay Rave FR9F9 tRaR six (9) Epesial pF9FR9ti9Rt Sf eveRts per yeaf; aFt;
e. PeResle SigRS may Ret ~(seee eigl:lty (89) sl!\:Ie~ feet
Sesti8R 110 OiO: Csmpretl8Rsi':& SigR PlaR Required. Po CempFEll:lensi'Je SigR Plan is FElq\:liFEle at the
time sf PlaRRiRg aRa ZeRiRS CSFRmiesisR re\.~ie.,:~~ sf aAY ~Fepes96f CeFRFR9rsiaJ Sf iF1~wstFial el9.~'eI9pmeRt.
Saio pieR sl:lall inElisate tRe lesatieR, size, l:Ieigl:lt, Geier, li!ll:ltiRg aRe! erieFltatisR sf allllrepssed signs
aR~ st:tall tie Sld9",ittea fer al9preval pWfEwaAt ts tl;;l8 Fegl:llati9RS af tAra City sf CsntewillQ.
^
. u
TR9 feIl9\r,,~iRg SigR& are ~9rA=litt9g iR tR9 RetiaeRtial eRa Pw&IiG/IRstitwtieRal
CittfiGte:
1. NaMe Plate SigAS: ORe (1) tigR Ret ts SKB99S t\aJG (2) 8E1ware
feet iI;:r ate:] fer SaGR aiRgls F3~jJYf setast:le9, g'.~teIliRg sr sh(
(ij sqllere feet in aFea fer easl:l M\:IItili1e family aREI
P\:IBlisJlRstitl:ltiGRel s\:lilEliRg. Said Remeplakl &l:Iall iRdisate
9Rly RaFRe aRa ::aelarS€i.; aAg
2. PwlJlis, IRstitwtioRal, aRd ReareatieRal SigRS: ORe sign er
ll\:llletiR Beanl lier stfeet wantage fer ea61:1 permittee! \:Ise iR
said sittrist, prsviEleEl taiEl sigR l:Rall Rat Quseea fifty (iQ)
tqyana feet iR af99 SAg etlall B9 platss 9wtsiEle af tt~9 ttrest
rigl:lt ef v.oi1Y 'J:itl:l tl:le e>t6eptieR ef tl:le 1l9nklr
isfaRS SA" sAall Ast SKGeS" R\"eJ.:e (12) feet iR l=Ieigl=lt; aRB
3. ~.Rla Id8Rtifisali8A SiSA: ORe (1) SiSR FIst te 9}{~99E1 ""J9Rtr
f9yr (24) 8~Yar9 feet iR area fer sasR plaRRgS r&lEiEleRtial
distriat 9RtraRS9, pr9\'iElg& saiEl 6igR i6 Ret plasse t/JitAiR SRY
street figRt sf t.\9Y nRg 99S& Ret 9XS89S teR (1Q) feet iR R9igt.:lt.
i. TAe fells'.\'iRg sigRl: aFe p9FFRitte9 in tRe C9~FRgr6ial ana IR9Wl:tFial gistrist&:
1. 'Ala" SigRs: \.~.(all sigRS are permittee eR easl:lll\:lBlis stFeet
8JfP99YFe Sf pwslis paFkiRg 9)~98YFe pFSt'jgea Gaia tigRess
aees Rst .KSSSEl teR pSFseRt (1Q~') sf gajEf t/.~all aFea; BAa
2. Free StaRdiRS SiSRS: ORe (1) he staAEliAg sign per street
fr9Rtage pret'iaes, R9~!~\'9F, ssia EigR S09S Fist 9*8eeS eigl=lty
- .. "
-P:.tv~;,;-;~t-.'j .,
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/410 I
2 Amended: SnlOl
I Amended: 1130/0 I
Effi:ctjve 9/5100
City ofCenterville Ord. #4
(iQ) &'1war:efeat iR area BAg tv.~RtlJ (20) feet iR R9iSRt; aiRa
3. .~"F8a IdeMifi9aiaR SilAS: gR9 (1) SFeB iEleAti'AGati9R SigR is
Ilermittee per stFeet freFltage per SSR'lIflersial er iRElystrial
99v91epm8Rt previoe9, R9\..'9\"sr, said sign aS98 Rst 9)(6980
sbtty fewr (&<1) Eif4waF8 feet iR ~Fea ~uut RAJ9Rty (2Q) feet in
Reight, aRe is Ret plases withiR teR (1 Q) feet sf aRY stFeet Rgllt
of "~y 5
.. .
Division 115: Height
Section 115-010: gYJ8l1iAgStructure5s. No EI':lelliRg 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) foot for each one (1) foot
by which the building exceeds the height limit established for such district; and
B. The structure is any of the following: television and radio towers, church spires,
belfries, monuments, tanks, water and fire towers, grain elevators, stage towers and
scenery lofts, cooling towers, ornamental towers and spires, chimneys, elevator
bulkheads, smokestacks, conveyors, flagpoles, silos, and air conditioning and
heating units; and
C. No tower, gable, spire, or similar structure shall be used for sleeping or eating
quarters, or for any commercial purpose except one (1) incidental to the permitted
uses of the main building.
Division 120: Yards
Section 120-010: General Requirements. The minimum depth of front yards, rear yard and side yard
for each District shall be as defined in the Schedule of Regulations and conform to the following
additional regulations:
A. All structures, whether attached to the principal structure or not, and whether open
or enclosed, including porches, carports, balconies or platforms above normal
grade level shall not project into any minimum front, side or rear yard; and
B. I...ets whish aSllt eA R:U;lre tllaR eRe (1) street shall previae tile FeEll/iFeS keRt yaFEls
aleAg eash street. Rear yaF~ set~aeks shall Ret se FeqldiFeel eR Selmer lets siRee
-P~o~':~'. .:".~',-)~
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/0 1
2 Amended: smo!
I Amended: 1130/01
E_ 9/5/00
City ofCenremlle On!. #4
gias yare &stsaskg apply; aRa
B. Lots which abut on more than one (1) street shall provide the recuired front yards
alona each street for the principal structure. Side yard setbacks for an accessory
structure will apply to the frontace that is not5 considered to Rat be the reauired front
yard: 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 shall be:
1. Off-street parking spaces and access drives for non-
residential uses - Twenty (20) feet; and
2. Churches, schools and pUblic or semi-public structures -
Forty (40) feet; and
3. Recreation facilities, entertainment facilities, all business
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::IOr-:--';' 1" r.~--"-/1
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/01
2 Amended: snlOl
1 Amended: 1130/01
EJrectiw 9/5100
City ofContervilleOrd. #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 (2 1/2) and ten (10) feet above the centerline grades of
the intersecting streets in tREI BrEla trianale5 bounded by the street of the lot and a
line joining points along the street lines fifty (50) teet 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 ofthe 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-Site 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~OP/4ni'"f'~ll
5 Amended:
4 Amended: 2/19102
3 Amended: 914i1l1
2 Amended: Snilll
1 Amended: 1I30illl
Elfuctive 9/5i1lO
City ofCenterville OJd #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.
Section 135-050: Waste. All waste generated from any use shall be managed in compliance with and
regulated by Minnesota Pollution Control Agency Rules. Waste generated on any premises shall be
kept in containers designed for waste collection and stored in a structure or within an approved enclosed
or screened area. The accumulation, storage, processing or disposal of waste, compost or recyclable
materials on any premises, which is not generated on that premises, is prohibited, except as specifically
provided in this Ordinance.
Section 135-060: Smoke. Smoke shall be measured at the point of emission by using the Ringelman
Smoke Chart published by the United States Bureau of Mines in Circular No. 7718. Smoke not darker or
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 offumes
or gases before the issuance of a Building Permit.
Section 135-080: Fire Hazards. Any activity involving the use or storage of flammable or explosive
materials shalf be protected by adequate fire-fighting and fire prevention equipment and by such safety
_.--P::.,ir::".:;..- ~;'-.j'~
5 Amended:
4 Amended: 2119/02
3 Amended: 9/410 I
2 Amended: SnlOl
I Amended: 1130/01
EJrectiv.9/5/00
City ofCenterviIIe Ow. #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~ot:'::~~,~;:')\,c.)~
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/0 I
2 Amended: anlOI
I Amended: 1130/01
_ve 9/5/00
City ofCentervi11e 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, omaments
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 reauires a hearino before the Plannino 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
Storm water shall be managed in accordance with the City's Surface Water Management Plan, National
Urban Runoff Program (NURP) standards for the design of new storm water ponds and the Minnesota
Pollution Control Agency's, Urban Best Management Practices, titled "Protectina Water Qua/ity in Urban
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I
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I
I
I
I
I
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5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/0 1
2 Amended: snlOl
1 Amended: 1/30/01
Effuctive 9/5/00
Cny ofCenterville Ooi #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 man made waterways and ponds may be used. Preference shall be given to designs using
surface drainage, vegetation, and infiltration rather than buried pipes and manrnade 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.
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5 Amended;
4 Amended: 2/19/02
3 Ameoded: 9/4/0 I
2 Amended: sn/O 1
j Amended: 1130/01
Effi:ctive 9/5/00
City ofCmlerville Ord #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
sediment controls can be provided throughout all phases of the development. The smallest practical
area of land shall be exposed or otherwise disturbed at anyone period of time. Areas where natural
vegetative barriers are not enough to contain erosion and sedimentation from penetrating water bodies,
wetlands, water courses or neighboring properties shall be staked with silt fences and straw bales.
Division 160: 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
R-1
R-2, 4 & 5
R-2A
B-1
Foundation Plantings4
None
None
None
1/10 ft. building & parking
area
1/10 ft. building & parking
area
1/10 ft. building & parking
area
1/10 ft. building & parking
area
M-1 8 trees or 1/3000 sq. ft. site areas
1-1 8 trees or 1/3000 sq. ft. site areas
P-1 8 trees or 1/3000 sq. ft. site areas
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5 Amended:
4 Amended, 2119102
3 Amended, 91410 1
2 Amended: SnlOl
1 Amended, 1130101
Effective 9/5/00
City ofCenterville Ord. #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.
~ The required number of trees is based upon a minimum of eight (8) trees
or one (1) tree per three thousand (3000) square feet of site area,
whichever is greater. Tree spacing must include trees at the boulevard
at minimum fifty (50) foot intervals.
Section 160-020: Minimum Standards.
A. Overstorv Trees:
1. Deciduous Trees: Two and one half (21/2) inch caliper
planting size, balled and burlapped.
2. Coniferous Trees: Six (6) feet in height planting size, balled
and burlapped.
B. Foundation 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. Overstorv Mix: When multiple quantities of overstory trees are required, at least
seventy-five percent (75%) of the trees required shall be deciduous trees.
E. Hardiness: All landscape materials proposed shall be consistent with Minnesota
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.
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5 Amended:
4 Amended: 2/19/02
J Amended: 9/4101
2 Amended: snlO 1
1 Amended: 1/30101
Effi:ctive 9/5/00
City ofCenterville Ord. #4
G. Warranty: All required landscape materials shall be warranted for growth for a
minimum of two (2) years after planting.
Division 165: Parking ReauirementslOff-Street Parking
Parking Reauirements
The followinQ table illustrates the minimum number of parkinQ spaces reauired for various uses
permitted in the City. The City mav modify minimum parkina reQuirements in the M-1 District. as part
of the Site Plan APproval process. if it is determined that the use is consistent with the purpose of the
district and street parkina is sufficient to accommodate the use5.
Uses
Minimum Parking Reauired
Residential................................... 2/dwelling unit
Churches ..................................... 1/3 seats in largest assembly
Schools........................................ 1/classroom plus 1/3 seats in largest assembly
Theaters ...................................... 1/3 seats
Restaurants ................................. 1/3 seats
Offices ......................................... 5/1 ,000 square foot gross floor space
Retail........................................... 6/1,000 square foot gross floor area
Convenience Stores ....................7/1,000 square foot gross floor area
General Services......................... 4/1 ,000 square foot gross floor area
Trade Businesses........................ 3/1,000 square foot gross floor area
Manufacturing.............................. 3/1,000 square foot gross floor area
Other IndustriaL........................... 3/1,000 square foot gross floor are~5
Car Washes................................. 5/stacking per bay
Drive-Up Restaurants.................. 5 Stacking plus 1/3 seats
Off Street Parking
When a buildinQ is enlarQed. additional off-street parkinQ shall be reQuired onlv with respect to the
additional usable floor area. Parkina spaces mav be located on a lot other than that containinQ 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
a building in existence on the effective date of this ordinance shall be reduced to provide fewer than the
minimum number of parking spaces required under this Ordinance.
Section 165-020: Off-Street Parking and Loading Zones. No building shall be hereafter erected,
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5 Amended:
4 Amended: 2/19102
3 Amended: 9/4/0 I
2 Amended: SnlOl
I Amended: 113010 1
Efrective 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-of-way.
Section 165-040: Fractional Space. When an application of the standards of this Ordinance with
respect to number of off-street parking spaces results in the need to provide a fraction of one (1) space,
any fraction of one-half (1/2) or less shall be disregarded and any other fraction shall be construed as
one (1).
Section 165-050: Uses Not Mentioned. For any use not specifically mentioned in the schedule of off-
street parking and loading requirements, the number of spaces required should be that required for that
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 Parkina lot Improvements
All reauired inaress/earess points. drivewavs and parkina areas shall be paved with asphalt. concrete.
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S Amended,
4 Amended, 2/19102
3 Amended, 9/4/01
2 Amended, snlOl
I Amended, 113010 I
Effective 9/5/00
City nfCentervilleOnl. #4
pavers. cobblestone or similar material accordina to minimum City specifications. excludinQ R-1 Districts.
Drivewavs mav not exceed a twenty-four (24) foot width at the streetline.5
Division 170: Building Numbens
Section 170-010: Numbens 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: Sporting. 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,
departures from the Centerville Zoning Ordinance may be granted by the City Council in the form of
Planned Unit Development Districts to achieve:
Subd. 1:
A maximum choice of living environments by allowing a variety of
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Subd. 2:
Subd. 3:
Subd. 4:
Subd. 5:
5 Amend<:d:
4 Amended: 2/19/02
3 Amend<:d: 9/4/01
2 Amend<:d: SntOl
1 Amended: 113010 1
Efl<ctive 9/5/00
City ofCenterville Oed. #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
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5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/01
2 Amended: Sn/Ol
I Amended: 1130/01
Effi:ctive 9/5/00
City ofCenterville Ord. #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 t#3 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. to....o-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%) of the tract to commercial uses.
Section 180-040: Relationship of PUD Site to Adjacent Areas. The design of a PUD shall take into
account the relationship of the site to the surrounding areas. The perimeter of the PUD shall be so
designed as to minimize undesirable impact of the PUD on adjacent properties, and conversely. to
minimize undesirable impact of adjacent land use and development characteristics on the PUD.
Section 180-050: Minimum Size. A PUD shall consist of at least ten (10) acres.
Section 180-060: Minimum Lot Size. The minimum lot size requirements of other sections of this
Ordinance do not apply to a PUD except that the minimum lot size requirements of the underlying zone
shall serve as a general guideline to determine the maximum dwelling unit density of the total
--':':-fv("";-_:~'~-:-r.>,}1
L--_____
5 Amended,
4 Amended: 2/19102
3 Amended: 9/4/01
2 Amended: Sn/OJ
1 Amended: 113010 1
Ellective 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-ot-Way. The site of a PUD shall abut, and the major internal
street or streets serving the PUD shall be connected to, at least one primary arterial, or neighborhood
collector street.
Section 180-090: Utility Requirements. Utilities, including telephone and electrical systems, installed
within a PUD shall be placed underground. Utility appurtenances, which can be effectively screened,
may be excepted from this requirement if the City finds that such exception will be consistent with the
objectives of this article and the character of the proposed PUD.
Section 180-100: Open Space. A minimum of twenty percent (20%) of the gross land area for private
or public open air recreational use protected by covenants running with the land or by conveyances or
dedicated as the Planning and Zoning Commission may specify shall be an integral part of the plan.
Such Open Space areas shall not include land devoted to streets, parking and private yards. Whenever
possible, common Open Space shall be linked to the Open Space areas of adjoining developments.
Common Open Space shall be of such size, shape, character, and locations as to be usable for its
proposed purpose.
Section 180-110: Parking. Off-street parking and loading space shall be provided in each PUD in the
same ratios for types of buildings and uses as required in the underlying Zoning District.
Section 180-120: Arrangement ot 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 ot 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
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5 Amended:
4 Amended: 2119102
3 Amende<!: 9/4101
2 Amended: 8nlOl
1 Amende<!: 113010 1
E_e 9/5100
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
submitted 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 of the City, to existing schools and other
community facilities and services, and to the surrounding area; and
B. A preliminary plan of the PUD in schematic form showing the following:
1. The existing topographic character of the
land; and
2. A composite of all natural amenities of the site including steep
slopes, drainage ways plus marshes, ponds and lakes; and
3. The size of site and proposed uses of the land to be
developed together with an identification of off-site land use;
and
4. The density of land use to be allocated to the several parts of
the development; and
5. The approximate location of thoroughfares; and
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5 Amended:
4 Amended: 2119102
1 Amended: 9/4/0 I
2 Amended: SnlO I
I Amended: 1/3010 I
E_.9/5/00
City ofCenterviUe 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
S8Gti9R 61 Division 80S.
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
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5 Amended:
4 Amended: 2/19102
3 Amended: 9/4/0 I
2 Amended: snlO I
1 Amended: 1/30101
Effective 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.
Section 180-170: PUD Agreement. The Zoning Administrator shall instruct the City Attorney to draw
up a PUD Agreement which stipulates the specific terms and conditions approved by the City Council
and accepted by the applicant. This agreement shall be signed by the Mayor of the City of Centerville,
Clerk/Administrator and the applicant within thirty (30) days of the City Council approval of the PUD
application and final plat. Where the PUD application and/or final plat is to be resubmitted or denied
approval, the City Council action shall be by written report setting forth the reasons for its actions.
Section 180-180: Final Review and Approval. An application for review and approval of the final
development plan shall be filed by the applicant with the Planning and Zoning Commission within six
months of the date on which approval of the preliminary plan was given by the Council. If application for
final approval is not made within the time required, the proposal shall be considered abandoned unless
an extension period is requested and granted by the City Council.
Section 180-190: Documentation Required. The final application shall be accompanied by the
following supporting documentation:
A. A final plan of the PUD in schematic form including the following:
1. The street system, lot layout and off street parking and loading
plan; and
2. The use, height, bulk and approximate location of buildings
and other structures; and
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5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/0 1
2 Amended: Sn/Ol
1 Amended: 1/30/01
Effuctive 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 of the development and
any of its common open areas; and
3. Other conditions specifically required by the Commission and
the Council for the particular PUD.
Section 180.200: Action On Final Application. Procedure for action by the Planning and Zoning
Commission and the Council on an application for review and approval of the final plan for a PUD shall
-'-PHop--n7~,~, ~>"I':l
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/0 1
2 Amended: 8n/O 1
I Amended: 1130/01
Effi:criv.9/5/oo
City ofCenterville Qrd. #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 PlaRRiA!J aREi
ZaRiA!! CammissiaR Zonina AdministratorS shall notify the applicant within forty-five
(45) days of the date of application, setting forth the ways in which the plan is not in
substantial compliance.
1. The applicant may treat such notification as denial of
preliminary approval; or
2. The applicant may re-file his plan so that it does substantially
comply with the outline development plan; or
3. The applicant may file a written request with the Planning and
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~O~I-'-":; ..~------/l
5 Amended:
4 Amended: 2119/OZ
3 Amended: 914IC 1
2 Amended: 8mO 1
1 Amended: 1/30ICl
Elfu:tive 9/5/00
City ofCenterville Ord. #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.
S8S\i9R 180 220: ^RRwal Re'.ia......~ TRe PlaRRiRg aRe ISRiRS C9A1missieR tRail Fevi~' all p~lg Cistriets
'[AtRin tAe City at least SRse saSA year aFld st:lall FFlal{8 a F8p9R te tt:le Citr CSldRsil SR tR8 st:atl:lS 9f tAB
elsvslepmellt ill sasR ef tile pyg QistriGts. If tile City CElI/Rsil fiRdS tRat elevelellmsRt Ras Flet Elssl/rree!
"A~itRiA a FeaE9Rasle time attar tAe 9RgiRal apprsl!al, tJ:.1e Citr CSYR9i1 may iRstFwst tAg PlaRRiRg SREI
ZeRiFlg Cemmis&isFI to iRitiate re2lllliR@ te tRe llFigiRal ZeRiRS gistriGt lay remll\'iR!l tAll pyg gi&wiet fFell'l
tAe O#isialleRiR!l Map.5
Section 180-2.tO: 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 if they are consistent with the
~-P:::l~~-:~"f'~l-~-ji
5 Amended:
4 Amended: 2119/ll2
3 Amended: 9/4/ll1
2 Amended: Sn/lll
1 Amended; 1130/01
E_ 9/5/llO
City ofCenterviUe Ord. #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
8. 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 180-26450: Site Improvements. At any time following the approval of a Development Stage
Plan by the City Council, the applicant may, pursuant to the applicable codes of the City apply for, and
the Zoning Administrator may issue, grading permits for the area within the PUD for which Development
Stage Plan approval has been given.
Section 180-2&550: Construction. The construction and provisions of all the common open spaces
and public and recreational facilities which are shown on the Final Development Plan must proceed at
the same phase as the construction of dwelling units. At least once every six (6) months following the
approval of the Final Development Plan, the Zoning Administrator shall review all of the Building Permits
issued for the planned development and examine the construction, which has taken place on the site. If
he/she shall find that the rate of construction of dwelling units is greater then the rate at which common
open spaces and public and recreational facilities have been constructed and provided, he shall forward
this information to the City Council, which may revoke the PUD Permit.
Section 180-2;650: Maintenance of Common Open Space. AI/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:::10~-;rt;.-iii'-il
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4101
2 Amended: snlO 1
1 Amended: 1I301O 1
Eflilctive 9/5100
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 ofthis 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
--?~Op.~('n.,\~:'"'I~
, -
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/0 1
2 Amended: smo 1
1 Amended: 1/30/01
Effective 9/5/00
City ofCentervilfe 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
- -'-'=--1>JfOp.:::;nT::~:I"-r'-il
5 Amended:
4 Amended: 2119/02
3 Amended: 9/4/01
2 Amended: sa!01
I Amended: 1130/0 I
Effi:ctive 9/5/00
City ofCenterville Ord. #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 ofthe
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
--'>.">-~""""".'""'"""~--'-
P:=\o~ .-In.'hf 11
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/0 1
2 Amended: HnJO 1
I Amended: 1/30/01
Effective 9/5/00
City ofCenterville Ord. #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 (50) days after the meeting. After hearing
the oral or written views of all interested persons, the Council shall make its
decision at the same meeting or at a specified future meeting thereof. The decision
of the Council may be appealed to the County District Court.
Division 190: Interim Uses
Section 190-010: Purpose. In addition to the purposes stated in Section 2 of this Ordinance, it is
intended that the Interim Use Permit procedures allow flexibility in the use of land or structures in the
City, when such uses are not permanent and when such uses meet appropriate conditions and
performance standards that protect the public health, safety and welfare.
Section 190-020: Application, Public Hearing, and Procedure. The application, pUblic hearing,
notice and procedure requirements for Interim Use Permits shall be the same as those for Amendments,
as provided in ~e6tieR 1.Q:i Division #1955 ofthis 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
shall be included in an interim use permit agreement.
Section 190-050: Conditions. The City may attach conditions to approval of a permit to mitigate
anticipated adverse impacts associated with the use, to ensure compliance with the standards of
~- ~-.p~Or:=;~-:-..;..?i':;- 11.
5 Amended:
4 Amended: 2119/02
3 Amended: 9/4/0 I
2 Amended: sn /01
I Amended: 1/30/01
Effective 9/5/00
City ofCenterville Om. #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 ofthe 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-~-;;~^:~~:;:~T:~11
5 Amended:
4 Amended: 2/19/02
J Amended: 9/4/01
2 Amended: SnlOl
1 Amended: 1/J01O 1
EtIectiva 9/5100
City ofCenterviUe Om. #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 consistent with the general and applicable specific objectives of the comprehensive plan and this
Ordinance, will be harmonious and appropriate in the area, will not be hazardous or disturbing to
neighboring uses, will not result in traffic congestion, and will not create excessive additional public
expense.
Section 200-030: Denial for Non-Compliance. If the Planning and Zoning Commission recommends
denial of a Special Use Permit or the Council orders such denial, it shall include in its recommendations
or determination findings as to the ways in which the proposed use does not comply with the standards
required by this Ordinance.
Section 200-040: Conditions. In recommending or approving any Special Use Permit, the Planning
and Zoning Commission and the Council may impose conditions which it considers necessary to meet
the standards of this Ordinance and to protect the best interests of the surrounding area or the city as a
whole. Violation of any such condition is a violation of this Ordinance.
Section 200-050: Expiration. If substantial construction has not taken place within twelve (12) months
after the date of a Special Use Permit, the permit is void except that on application, the Council, after
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.
SeatioR 201 010: Ra8paRsitlility af City Clallk. 18&1l9 sllileiR!l fil8FA'lit& aRe 69119&t tR9 fee& as
98taslisR9s BY feselwtisR sf t~9 City CSblRsil.
flu MaiRkiiA p9FFAaReRt SA(j 9WrfSRt r9G9Riis peFtaiRiR8 is t~iE OFdiR3RS9, iRQII::I~iRS lawt
Ret JjJ;lites 19; Mapa, "A1eR~FReRtt, ipBsial Ute&, \.f.ariaRget, /\PI=I9aI6, pygs, SAa
afil~li6ati9R& tI:l9F9f9F9.
--::"':PRut":..:;~:...h'~"---I~
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4101
2 Amended: 817101
I Amended: 1130101
Enective 9/5/00
City ofCentelVille Ord. #4
iii. R968i\.IO, file, aRe feWJQrEl applisatioR& fer J\ppeals, \JaFiaRs8s, i)38Sial'_'s8 PSFR=Iile,
er atl:ler a&tisFl te tl:le apprellriate efiisial B9~ies.
C. Prsvid9 slerisal SS&istSRSQ \e tRB iaani.
i86isR 20S 020: Re8psRaillility sf ~e IiIwil~iR9 IRep8&tsF. Tile Ehlil~iFlg IFlspe6l:ar sl:lall Be gi':eFl tAe
awtRerity aRs FeSJa9RSitaility te 8RferG9 all sf tR9 PF9\lisi9R& &f tt:ti€ 9FEliASAGS sR9 GRell:
A. I!Rfe~e tRe F9E1wireAlElFlts af tRill Ort;liFlBFleef9r Ehlil€liFlg aFle OeswllaFley PeFFRits
BRa i€8We aT aeRY gaGR appliaatieR iR 8SS9F9aR&8 \.Jit~ tRB pr9\'isieRS 9f tt=lis
OrEliFlaFlee.
Ii. CeFlQWet iR6peetiaRi af BwileiRgs aR~ tl:le Wie af laR~ ta €IeterAliFle eaAlpliaR6e .....itll
tl:l9 tefAli af tl:lis OR;liFlaFlse.
C. Make re"9~FReRgati9RS te the C9YRSil SR tt:le iRStitwti9R af arapraraFiate 9stisRt ar
presseaiRg& fer 9RferG8meRt sf tRis OruiRaRsa OR .~9Ra~8Rk, BRa 9Ft SRY 9tl:lar
matteFS F9latiRg ta tl:la 9FlfefG9AleFlt af tRiG OR;liR8RGa.
D. IiinhFS8FR8At R8M8c;1i88~ IF) 99t9 aRY BwilfliRg, ,trystwF9, Sf ISR9 is, Sf is. PFef39E99
te 98 9F9st9E1, G9RttrwsteGl, F8G9REtFwete8, altereQ, G9R\.9R9a, FA8lFltaiReElef W€8E1 iR
vielatisR 9f tRis OmiR9RG8, tRe Ci~. CSIaIRsil, in aaGtiti9R te atl:ter r9Mg9i9&, may
iR~titwt8 in tl=le RaFFle sf C.9Rtewille SRY 3PPFSpfiate aegeR Sf pPaseegiRgs ts
pr:S.19Rt, F8StFaiR, GafFest or abate '''9~ bwilEliAi StFWSQlF8 Sf laRu, Elf te Pfe':SRt, iR
Of 2~9Wt 8yeR pfemisSE, aAY ast, GeRay;t, Bt:lsiRGSS or blGe S9RStitwtiRg a ':ielati9R.5
Division 210: Fees and Licensing
Fees and licensing provisions, affecting the administration and enforcement ofthis 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.
(5ianature on File)
1l;;:'~'~_~I=~fCJ1
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/01
2 Amended: 8nlOl
1 Amended: 1/30/01
Effi:ctive 9/5/00
City ofCentervil1e Ord. #4
Mayor Tom Wilharber
(Signature on File)
City Clerk
Published in the Quad Community Press on August 29, and September 5, 2000.
1 Amended: January 10, 2001
Published in the Quad Community Press on January 30, 2001.
2 Amended: June 27, 2001
Published in the Quad Community Press on August 7,2001
3 Amended: August 22, 2001
Published in the Quad Community Press on September 4, 2001
4 Amended: November 14, 2001
Published in the Quad Community Press on February 19,2002
5 Amended:
Published in the Quad Community Press on
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...!. . .
MEMO
DATE:
July 2, 2002
TO:
Honorable Mayor and Council Members
FROM:
Mary Capra
RE:
Fete Des Lacs - Centerville Lions Liquor Permit
............................................................................
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, arouse over this topic.
I have spoken to Deputy Chief Makela with the Centennial Police Department and
several surrounding communities including the City of 8t. 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:
. The alcohol needs to be contained in a fenced in area such as a beer garden, in . ~
which all alcohol purchased needs to be consumed. No alcohol will leave this .(
designated area. If any person outside of this corded offarea is found with JiP
alcohol they will be requested to dispose of their alcohol by dumping it out.
. Deputy Chief Makela has suggested no one under the age of21 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 of 21 attending the dance.
Maybe something could be worked out different for managing the alcohol at the
dance.
. The City ofCenterville and the Centennial Lake Police Department will be
notified of times and location(s) of alcohol sales during the festival.
· The Centerville Lions Organization will post areas in the park explaining the rules
and restriction on alcohol consumption during the festival.
. The approval of this permit would be based on any additional requirements the . .A..t
Centennial Police Department de~ necessary for the safety and well being of. 0 ~.
"" citi""'"ftho C;<y of"""""",, ~ V \ @ ~..?~ Jr
Thank you for your time and consideration of my recommendations. ~
~
y
t~
UUl 1 2002
'--
June 2002
Centervil1e City Council
Centerville City Hall
Main Street
Centerville, MN 55038
'-
How. dare you, a~~ who do you think you are? I was watching our council
~eetmg on teleVIsIon Wednesday and watched you vote against our city festival to
mc1ude alcohol. Do you have any idea of what this means to the residents? I am
guessing your answer is NO. We get absolutely nothing in return from all of you
and this so called council, in return for city recognition; and you have the nerve to
sit behind that table and make a decision as you did regarding our recreational
time. We can only hope that none of you plan to share our enthusiasm for our city
and our neighbors when we decide to make our appreciation known. If you
would for one moment plan to applaud the parade and festival, you should be
ashamed, since you have done none of the work. There is not one of you sitting
on council at this point that deserves any possible recognition. We would like to
ask you to remember a time when you were not a council member and everyone in
this town saw you drunk at Kelly's or The Trio. Yes, we are out there and have
many stories to tell. We only ask that you become human enough to realize that
there are people within this town that actually care and could care less about who
you think you will try to impress.
This letter will be copied and sent to Pioneer Press with a history of our council
members and their personal grudges against the city. We can only hope that you
are all smart enough to take your citizens opinions to heart and start caring. We
have had it with your small minds and even smaller intelligence levels. Please
start to remember who lives here. We the citizens do, not just you or your
opinions. There will be a time when you are not council members and you will be
hoping you still have a friend that remembers a day, when you cared about us!!!
'-
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tervi{{e
'Esta6(isfied 1857
-......
1880 'Main Street . Centervif[e, 'M'J{ 55038
(651) 429-3232 .:J1l;t (651) 429-8629
CITY OF CENTERVILLE
APPLICATION FOR A 1 TO 4 DAY TEMPORARY/EVENT ON SALE LIQUOR LICENSE
(Organization or location limited to 3 permits in a 12 month period)
Type or Print Information
Name of Organization
tem~. L.a ~
Street Address f"";'
/"9":> mai/? ST. ~;z.ol
Name of Pe n Completing Application
iW-h
Dates Li uor Will Be Sold (1 to 4 days)
-r 2.-4 Zoo2-
~nizatio9, Of!icer's Name
70/YI /k4/
Organization Officer's Name
i?rt 11/;, e.-
O'Wlnization Officer's Name
C/t!W9 ~..e-
Location where license will be used.
/e-
Date Orqapized
~/,/ 80 /97
City
~(/,/k
Business Phone
1- 70+-
Type of Organization
o CLUB CHARITABLE 0 RELlGIOU
Address
/J1~9 - 73../<7 ~.
Address .
/9:57 ,e~i/O/~ =:>I,
Address
7399 04' /J1.ffI ~
If an outdoor area, describe:
o
Tax Exempt Number
tl Z-3
State Zip Code
/"'?.AI ~7> 3 e.
Home Phone
(,,5/. .tfz.<:J- 774-
o OTHER NON-
Will the applicant carry liquor liability insurance? If so, the carrier's name and amount of
covera e. C-or.. . ~78'P;
APPROVAL
APPLICATION MUST BE APPROYED BY CITY COUNCIL PRIOR TO SUBMISSION TO LIQUOR CONTROL
CITY OF CENTERVILLE J DATE APPROVED
FEE AMOUNT $' LICENSE DATES
DATE FEE PAID
~
Ci Clerk
NOTE: Submit to the City of Cen~iIIe at least t' 30) days prior to event.
'" --:::/~ -
Signature of Applicant: ~" .
I
:ai.
RD CERTIFICATE OF LIABILITY INSURANCE
-~
DATE (MMJDONY)
06/12/2002
JeER (952)893-9218
CORPORATE 4 INS AGENCY.
20 METRO BOULEVARD
INA, MN 55439-2133
FAX (952)893-9402
INC.
QNL Y AND CONFERS NO RIGHTS UPON THE CERTIF!CA TE
HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW.
INSURERS AFFORDING COVERAGE
INSURED
Centerville Lions Club
7389 Old Mill Road
Centerville, MN 55038
INSURER A:
INSURER B:
INSURER c:
INSURER 0:
INSURER E:
General Star Indemnity
COVERAGES
THE POUC1ES OF lN$URANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLlCY PERIOD INDICATED. N01WITHSTANDING
ANY REOUIREMENT, TERM OR CONOtT\ON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED eVTHE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICieS. AGGREGATE UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CU\IMS.
LTR TYPE OF INSURANCE P<lUCY NUMBER DATE (MMIODNY) t"OATE1/MMIDDIYY) UMITS
GENERAL LlABlUTY EACH OCCURRENCE ,
-
COMMERClAL GENERAL UABlllTY FIRE DAMAGE (Anyone lire) ,
I CLAIMS MADE 0 OCCUR --- MED EXP (Anyone person) .
PERSONAL & ADV INJURY ,
- GENERAL AGGREGATE
,
-
GEN'lAGGREGATE UMIT APPliES PER PRODUCTS - COMPfOP AGG .
II 'n?RO- n
POLICY JECr LOC
AUTOMOBILf UABIUT't COMBINED SINGLE LIMIT
- (Eaaccident) ,
Am AUTO
- ALL OWNED AUTOS
- BODILY INJURY ,
SCHEDULED AUTOS (Per person)
-
HU:~EO AUTOS THIS INSURANCE IS ISS ED PlJASl.IA,' T TO BODILY INJURY
- ,
NON-OWNED AUTOS W::' MINNESOTA SURPlU LINES INSUR NC<': (~acciQen\l
- ACT. THE INSURER IS ~~ ELIGIBLE SUF PLUS
IIIISE PROPERTY DAMAGE ,
LINES INSURER BUT I NOT OTHER (Peracciderlt)
GARAGE UABIUTY ~, in",,,,..,,, VI. !.AiMS AUTO ONLY - EA ACCIDENT ,
=1 ANY AUTO CASE OF iNSOlVENCY, P ,YMENT OF C EA Ace ,
is NOT GUARANTEED. OTHER THAN
AUTO ONLY: AGG $
EXCESS UABIUTY SURPLUS LINES TAX EACH OCCURRENCE $
~ OCCUR 0 CLAlMS MADE AGGREGATE $
,
R ~EOUCT1.LE $
RETENTION $ ,
WORKERS COMPENSATION AND \TOR'1UMlTS! IV,'!r
EMPLO'reRS'llABIUTY E.L. EACH ACC1DENT ,
E.L DISEASE - EA EMPLOYE ,
I E.L DISEASE - POLICY UMIT .
OTHER irMA574028 J 06/30/2002 06/30/2003 $1,000,000 each common cause
A Li quor L iabil ity $1,000,000 aggregate
OE5CRlt'T10N OF OPI;t(ATIONSJLOCATION::>JvEHICLESIEXCLUSIONS ADDED BY ENDORSEMEN !SPECIAL PROVISIONS
CERTIFICArE HOLDER I I ADDmONAL INSURED; INSURER LETTER: CANCELLATION
SHOULD A.NY OF THE ABOVE OESCRlBED POllC1ES BE CANCELLED BEfORE THE
EXPIRATION DAn: iHEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
......lO..- DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
City of Centerville BUT FAILURE TO MAil SUCH NOTICE SHALL IMPOSE NO OBUGATlON OR UABIUTY
1880 Main St. OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES.
Centerville, MN 55038 AUTHOR~REPRESENTATIVe ~ e:e~
- i.., ~ne Johnson/MB
,.,"" \ nO( I c l~..
Teresa Bender
From:
Sent:
To:
Cc:
Subject:
Chief Joel Heckman [jheckman@centenniallakespd.com]
Wednesday, June 26, 2002 5:28 PM
Tim and Beth Swedberg
ksykes@centervillemn.com
Re: Draft Liquor Ordinance
Tim/Kim-Deputy Chief Makela and I have reviewed the proposed ordinance and
have a couple of concerns:
1. Section l3-H.a Requirement of Chief. Violation for failure to comply by
Oct 15th becomes a misdemeanor crime chargeable to the Chief. Please reword
this. Council may request the chief to provide during the month of October
each year....or something similar.
2. Section l3-H.b This is troublesome for two reasons. The time involved in
researching all citations issued for a three year time frame to see if they
were related to a local establishment, i.e. a party is arrested in the 7200
block of Main St. but in checking the report, it is unknown if the person
was at the Waterworks, Kelly's or if they were en route home from the St.
Paul Champs etc. The other issue is the requirement to identify an
establishment as involved in a traffic stop without proof places the police
in a adversarial role not to mention a civil litigation role should the
establishment challenge the report in court.
3. We think sections 18 and 19 are good-but 18 is worded such that the owner
of the business may be charged criminally as well as civilly for any
violation. IF that is the intent of the city-ok but I don't know if the city
attorney could prosecute in court without proving that the owner intended or
knew that the employee was violating the criminal law. Additionally, "every
licensee shall also cooperate with the City in controlling activity
attributable to the business in surrounding areas is vague and difficult to
enforce. The area of enforcement should be defined so it will stand up in
court if challenged.
4. Section 22 f. This also is vague and difficult to enforce or win in court
if challenged. How will we prove that knowledge was there and the licensee
intentionally failed to report?
5. Best practices-We have a lot of issues here. Of utmost concern is the
administrative hearing by the Chief. Very time consuming and possibly
inappropriate if criminal charges are also in process against licensee or an
employee. Sec. 28 h. Notification. This should come from the city attorney
as it is his final decision on charging. He mayor may not decide to go
ahead with charges. Only until he makes the final determination should the
letters go out. Regarding compliance checks. " Police dept. shall conduct
two checks each year." If the police are unable to conduct two (for valid
reasons) are they in violation of ordinance? If police violate a
requirement of the ordinance without consequences would the Centerville
business owners feel that there is a double standard?
I will be gone on vacation until July 8th. We can discuss the above upon
my return or you can feel free to discuss this with Deputy Chief Makela.
Thank you for allowing us input on this. -Joel
----- Original Message -----
From: "Tim and Beth Swedberg" <mayacat@qwest.net>
To: "MARI NELSON" <mari@withkindness.com>i "Linda Broussard-Vickers"
<lbroussardvickers@earthlink.net>; "Dick Travis" <dicktravis@hotmail.com>:
"Mary Capra" <dcapra@visi.com>; "Tim Swedberg" <mayacat@qwest.net>i "Kim
Moore-Sykes" <ksykes@centervillemn.com>; "James Hoeft" <jhoeft@bgslaw.com>;
"Teresa Bender" <tbender@centervillemn.com>;
<jheckman@centenniallakespd.com>
Sent: Sunday, June 23, 2002 12:38 PM
Subject: Draft Liquor Ordinance
> For your review...the proposed liquor ordinance.
1
I_H_ _
>
> Mr Hoeft. Please give this a critical and thorough review...
> The document is basically the League of Minnesota Cities Model Liquor
> Ordinance through Section 19 and the City of Plymouth from Section 20 to
> the end.
> In an effort to make the Best Practices section understandable, I put in
> the language that was from Plymouth's explanation of the U-21 Program.
> If we need to get that out of the ordinance please advise.
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
I trust Ms. Moore-Sykes has contacted licensees by this time. Having
heard of no concerns I think we can procede as planned with public
comments. I particularly want to make sure that the date of the hearing
is when all Council Members will be present. I know of a couple of
vacations scheduled in the next few weeks and we can schedule around
those.
Please read carefully and if you do not understand a provision,
probably isn't going to be clear to stakeholders or the public
large. I very much like the idea of incentives aligned with
prevention. I hope stakeholders will view the incentives as
appropriate.
it
at
Chief and Mr. Hoeft please review from the perspective of enforcement
and implementation.
Best Regards,
Tim
2
L~ ___ _ _____ ___
DRAFT
ORDINANCE NUMBER 13
AN ORDINANCE REGULATING THE POSSESSION, SALE,
CONSUMPTION, AND CONSUMPTION OF INTOXICATING
AND 3.2 PERCENT MALT LIQUOR WITHIN THE CITY OF
CENTERVILLE, MINNESOTA
THE CITY COUNCIL OF THE CITY OF CENTERVILLE, MINNESOTA
DOES ORDAIN:
Section 1. ADOPTION OF STATE LAW BY REFERENCE
The provisions of M.S. Chapter 340A, as they may be amended from time to time, with
reference to the definitions, terms, conditions of operation, restrctions on consumption,
provisions relating to sales, hours of sale, and all other matters pertaining to the retail
sale, distribution, and consumption of intoxicating liquor and 3.2 percent malt liquor are
hereby adopted by reference and are made a part of this ordinance as if set out in full.
It is the intention of the City Council that all future amendments to M.S. Chapter 340A
are hereby adopted by reference or referenced as if they had been in existence at the
time this ordinance is adopted.
Section 2. CITY MAY BE MORE RESTRICTIVE THAN STATE LAW
The Council is authorized by the provisions of M.S. 340A509, as it may be amended
from time to time, to impose, and has imposed in this ordinance, additional restrictions
on the sale and possession of alcoholic beverages within its limits beyond those
contained in M.S. Chapter 340A, as it may be amended from time to time.
Section 3. DEFINITIONS
In addition to the definitions contained in Minnesota Statutes, Chapter 340A 101, as it
may be amended from time to time, the following terms are defined for purposes of this
ordinance:
(a) Display: The term "Display" means the keeping, storing, or permitting to be kept or
stored of an alcoholic beverage which has been poured, dispensed or has had its
package seal broken on, in, or at any table, booth, bar or other area of a licensed
premises accessible to the general public, except when the alcoholic beverage is stored
in a normal storage area during non-sale hours.
(b) Interest: The term "interest" as used in this ordinance includes any pecuniary
interest in the ownership, operation, management or profits of a liquor establishment,
but does not include: bona fide loans; bona fide fixed sum rental agreements; bona fide
open accounts or other obligations held with or without security arising out of the
ordinary and regular course of business or selling or leasing merchandise, fixtures or
supplies to such establishment; or any interest of 5 percent or less in any corporation
holding a City liquor license. A person who receives monies, from time to time, directly
or indirectly from a licensee in the absence of a bona fide consideration therefor and
excluding bona fide gifts or donations, shall be deemed to have a pecuniary interest in
such retail license. In determining "bona fide," the reasonable value of the goods or
things received as consideration for the payment of the licensee and all other facts
reasonably tending to prove or disprove the existence of any purposeful scheme or
arrangement to evade any prohibitions under this ordinance shall be considered.
(c) Licensed Premises: The term "Licensed Premises" is the premises described in the
approved license application. In the case of a restaurant, club, or exclusive liquor store
licensed for on-sales of alcoholic beverages and located on a golf course, "licensed
premises" means the entire golf course except for areas where motor vehicles are
regularly parked or operated.
(d) Operating Manager: The term "Operating Manager" as used in this ordinance
means a person designated by the license holder who works full-time at the licensed
premises and is in charge of day-to-day liquor sales.
(e) Properly Designated Officer: The term "Properly Designated Officer" means and
includes (i) the City Fire Inspector or Fire Chief; (ii) the City Building Official, Building
Inspector, or Administrator; and (iii) the Health Inspectors employed by Anoka County or
the State of Minnesota acting in the course of the scope of their employment.
(f) Underage Person: The term "Underage Person" means a person who is under the
legal drinking age as provided by Minnesota Statutes Chapter 340A.
(g) Liquor: As used in this ordinance, without modification by the words "intoxicating"
or 3.2 percent malt" includes both intoxicating liquor and 3.2 percent malt liquor.
(h) Restaurant: Restaurant means an eating facility, other than a hotel, under the
control of a single proprietor or manager, where meals are regularly prepared on the
premises, where full waitress/waiter table service is provided, where a customer orders
food from printed menus and where the main food course is served and consumed
while seated at a single location. To be a restaurant as defined by this tern in this
ordinance, an establishment shall have a license from the state as required by
M.S.157.16 as it may be amended from time to time, and meet the definition of either a
"small establishment" as defined in M.S.157.16, subd.3d, as it may be amended from
time to time. An establishment which serves prepackaged food that receives heat
treatment and is served in the package or frozen pizza that is heated and served, shall
not be considered to be a restaurant for the purposes of this chapter unless it meets thebdefinitions of "small establishment", "medium establishment", or "large establishment".
Section 4. NUDITY ON THE PREMISES OF LICENSED ESTABLISHMENTS IS
PROHIBITED
(a) The City Council finds that it is in the best interests of both public health, safety and
general welfare of the people of the city that nudity is prohibited as provided in this
section on the premises of any establishment licensed under this ordinance. This is
to protect and assist the owner, operators, and employees of the establishment, as
well as patrons and the public in general, from harm stemming from the physical
immediacy and combination of alcohol, nudity, and sex. The Council especially
intends to prevent any subliminal endorsement of sexual harassment or activities
likely to lead to the possibility of various criminal conduct, including prostitution,
sexual assault, and disorderly conduct. The Council also finds that the prohibition of
nudity on the premises of any establishment licensed under this ordinance, as set
forth in this section, reflects the prevailing community standards of the city.
(b) It is unlawful for any licensee to permit or allow any person or persons on the
licensed premises when the person does not have his or her buttocks, anus, breasts
and genitals covered with a non-transparent material. It is unlawful for any person
to be on the licensed premises when the person does not have his or her buttocks,
anus, breasts and genitals covered with a non-transparent material.
(c) A violation of this section is a misdemeanor punishable as provided by law, and is
justification for revocation or suspension of any liquor, wine, or 3.2 percent malt
liquor license or the imposition of a civil penalty under the provisions of this
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.
Section 6. NUMBER OF LICENSES WHICH MAY BE ISSUED
State law establishes the number of liquor licenses that a city may issue. However, the
number of licenses which may be granted under this ordinance is limited to the number
of licenses which were issued as of the effective date of this ordinance, even if a larger
number of licenses are authorized by law or election.
The Council in its sound discretion may provide by ordinance that a larger number of
licenses may be issued up to the number of licenses authorized by Minnesota Statutes
Chapter 340A, as it may be amended from time to time. If a larger number of licenses
in a particular category has been authorized by referendum held under the provisions of
M.S.340A.413, subd.3, as it may be amended from time to time, but not all have been
issued, the larger number of licenses is no longer in effect until the Council by ordinance
determines that any or all of the licenses may be issued. The Council is not required to
issue the full number of licenses available.
Section 7. TERM AND EXPIRATION OF LICENSES
No person, except as otherwise provided in Minnesota Statutes Chapter 340A shall
directly or indirectly deal in, sell, keep for sale or deliver any intoxicating liquor, 3.2
percent malt liquor, or wine as part of a commercial transaction without first having
received a license to do so as provided in this ordinance; nor shall any private club or
public place, directly or indirectly, or upon any pretense or by any device, allow the
consumption or display of intoxicating liquor or serve any liquid for the purpose of
mixing with intoxicating liquor without first obtaining a license from the City as provided
in this ordinance.
Each license shall be issued for a maximum period of one year. All licenses except
temporary licenses, shall expire on January 31 of each year unless another date is
provided by ordinance. All licenses shall expire on the same date. Temporary licenses
expire according to their terms. Consumption and display permits issued by the
Commissioner of Public Safety and the accompanying city consent to the permit, shall
expire on March 31 of each year.
Section 8. KINDS OF LIQUOR LICENSES
The following types of licenses may be issued up to the number specified in Section 6 of
this ordinance:
A. On-Sale 3.2 Percent Malt Liquor License.
On-sale 3.2 percent malt liquor licenses which may be issued only to restaurants,
hotels, clubs, bowling centers and establishments used exclusively for the sale of 3.2
percent malt liquor with the incidental sale of tobacco and soft drinks.
B. Off-Sale 3.2 Percent Malt Liquor License
C. Temporary 3.2 Percent Malt Liquor License
Temporary 3.2 percent malt liquor licenses which may be issued only to a club,
charitable, religious, or nonprofit organization.
D. Off-Sale Intoxicating Liquor License
Off-sale intoxicating liquor licenses, which may be issued only to exclusive liquor stores
or drug stores that have an off-sale license which was first issued on or before May 1,
1994. The fee for an off-sale intoxicating liquor license established by the Council
under Section 9 shall not exceed $100 or a greater amount which may be permitted by
M.S. 340A.408, subd. 3, as it may be amended from time to time.
E. On-Sale Intoxicating Liquor License.
On-sale intoxicating liquor licenses, which may be issued to the following
establishments as defined in M.S. 340A 1 01, as it may be amended from time to time,
and this ordinance: hotels, restaurants, bowling centers, clubs, or congressionally
chartered veterans organizations and exclusive liquor stores. Club licenses may be
issued only with the approval of the Commissioner of Public Safety. The fee for club
licenses established by the Council under Section 9 of this ordinance, shall not exceed
the amounts provided for in M.S. 340A408, subd. 2(b), as it may be amended from time
to time.
The Council may in its sound discretion authorize a retail on-sale licensee to dispense
intoxicating liquor of the licensed premises at a community festival held within the city
under the provisions of M.S.340.404, subd. 4b, as it may be amended from time to time.
The Council may in its sound discretion authorize a retail on-sale licensee to dispense
intoxicating liquor off the licensed premises at any convention, banquet, conference,
meeting, or social affair conducted on the premises of a sports, convention or cultural
facility owned by the city, under the provisions of M.S.340.404, subd. 4a, as it may be
amended from time to time; however, the licensee is prohibited from dispensing
intoxicating liquor to any person attending or participating in an amateur athletic event
being held on the premises.
F. On.Sale Sunday Liquor License
On-sale Sunday liquor licenses which may be issued only after authorization to do so by
voter approval at a general or special election as provided by M.S. 340A504, subd. 3,
as it may be amended from time to time. Sunday on-sale intoxicating liquor licenses
may be issued only to a restaurant, as defined in Section 3 of this ordinance, club,
bowling center, or hotel, which has a seating capacity of at least 30 persons, which
holds an on-sale intoxicating liquor license, and which serves liquor only in conjunction
with the service of food. The maximum fee for this license which shall be established by
Council under the provisions of Section 9 of this ordinance, shall not exceed $200, or
the maximum amount provided in M.S. 340A504, subd 3c, as it may be amended from
time to time.
G. Combination on-sale I off-sale intoxicating liquor license
This license may be issued if the City has a population less than 10,000.
H. On-Sale Temporary Intoxicating Liquor License
Temporary on-sale intoxicating liquor licenses, with the approval of the Commissioner of
Public Safety, which may be issued only in connection with a social event sponsored by
a club, charitable, religious, or other nonprofit corporation that has existed for at least
three years. No license shall be for longer than four consecutive days, and the City
shall issue no more than 12 days worth of temporary licenses to anyone organization in one calendar year.
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J. On-Sale Wine License
On-sale wine licenses which may be issued with the approval of the Commissioner of
Public Safety to: restaurants having facilities for seating at least 25 people at one time
and meet the criteria of M.S. 340A.404, subd. 5, as it may be amended from time to
time, and which meet the definition of a restaurant in Section 3 of this ordinance; and to
licensed bed and breakfast facilities which meet the criteria in M.S.340A.401, subd. 1 as
it may be amended from time to time. The fee for an on-sale wine license established
by the Council under the provisions of Section 9 of this ordinance shall not exceed one-
half of the license fee charged for an on-sale intoxicating liquor license. The holder of
an on-sale wine license who also holds an on-sale 3.2 percent malt liquor license is
authorized to sell malt liquor with a content over 3.2 percent (strong beer) without an
additional license.
J. One day consumption and display permits
One day consumption and display permits with the approval of the Commissioner of
Public Safety to a nonprofit organization in conjunction with a social activity in the city
sponsored by the organization.
K. Approval of the Issuance of a Consumption and Display by the Commissioner
of Public Safety
The maximum amount of the additional fee which may be imposed by the Council on a
person who has been issued a consumption and display permit under the provisions of
Section 9 of this ordinance shall not exceed $300, or the maximum amount permitted by
M.S. 340A.14, subd. 6 as it may be amended from time to time. Consumption and
display permits shall expire on March 31 of each year.
Section 9. LICENSE FEES; PRO RATA; PAYMENT; REFUNDS
RETAIL LICENSE FEES
Annual Fees. The annual fees for all licenses and temporary licenses are set forth by
Council Resolution in January of each year.
A. No license or other fee established by the city shall exceed any limit established by
M.S.340A, as it may be amended from time to time, for a liquor license.
B. The Council may establish from time to time by ordinance or resolution the fee for
any of the liquor licenses it is authorized to issue. The license fee may not exceed the
cost of issuing the license and other costs directly related to the enforcement of the
liquor laws and this ordinance. No liquor license fee shall be increased without
providing mailed notice of a hearing on the proposed increase to all affected licensees
at least 30 days before the hearing.
Prorated Fees
C. The fee for all licenses, except temporary licenses, granted after the
commencement of the license year shall be prorated on a quarterly basis.
Payment
D. All license fees shall be paid in full at the time the application is filed with the city. If
the application is denied, the license fee shall be returned to the applicant.
Refunds
E. License fees shall be refunded if an application for a license is denied by the City
Council, except where rejection is for a willful misstatement in the license application.
No part of the fee paid for any issued license shall be refunded except as authorized
under Minnesota Statutes Section 340A.408, subd. 5, upon application to the City Clerk
within 20 days of the happening of any event provided under Minnesota Statutes
Section 340A.408, subdivision 5.
Section 10. COUNCIL DISCRETION TO GRANT OR DENY A LICENSE
The Council in its sound discretion may either grant or deny the application for any
license or for the transfer or renewal of any license. No applicant has a right to a
license under this ordinance.
Section 11. APPLICATION FOR LICENSE
A. Form. Every application for a license issued under this ordinance shall be on a form
provided by the city. Every application shall state the name of the applicant, the
applicant's age, representations as to the applicant's character, with references as
the Council may require, the type of license applied for, the business in connection
with which the proposed license will operate and its location, a description of the
premises, whether the applicant is owner and operator of the business, how long the
applicant has been in that business at that place, and other information as the
Council may require from time to time. An application for an on-sale intoxicating
liquor license shall be in the form prescribed by the Commissioner of Public Safety
and shall also contain the information required in this section. The form shall be
verified and filed with the city. No person shall make a false statement in an
application.
B. Financial Responsibility. Prior to the issuance of any license under this ordinance,
the applicant shall demonstrate proof of financial responsibility as defined in
M.S.340A.409, as it may be amended from time to time, with regard to liability under
M.S.340A.801, as it may be amended from time to time. This proof will be filed with
the City and Commissioner of Public Safety. Any liability insurance policy filed as
proof of financial responsibility under this section shall conform to M.S. 340A.409, as
it may be amended from time to time. Operation of a business which is required to
be licensed by this ordinance without having on file with the city at all times proof of
financial responsibility to include liquor liability/dram shop, general liability, and
workers compensation insurance coverage is a cause for revocation of the license.
a. Liquor Liability/Dramshop Proof of financial responsibility shall be given by
filing one of the following:
1. A certificate that there is in effect an annual aggregate insurance policy for
dram shop insurance of not less than $300,000 per policy year to cover each
person, each occurrence, property damage each occurrence, loss of means of
support per person, loss of means of support each occurrence, and policy
aggregate; or
2. A certificate of the State Treasurer that the licensee has deposited with him
$100,000 in cash or securities which may legally be purchased by savings banks
or trust funds having a market value of $100,000.
b. General Liability
Proof of financial responsibility shall be given by filing a certificate that there is in
effect for the license period an insurance policy or pool providing at least $50,000
of coverage because of bodily injury to anyone person in anyone occurrence,
$100,000 because of bodily injury to two or more persons in anyone occurrence,
$10,000 because of injury to or destruction of property of others in anyone
occurrence, $50,000 for loss of means of support of anyone person in anyone
occurrence, and $100.000 for loss of means of support of two or more persons in
anyone occurrence.
c. Workers' Compensation Insurance
The policy limits for workers' compensation insurance shall be as provided for by
state law.
d. Additional Requirements
The liability insurance required by this section must provide that it may not be
canceled for any cause by either the insured or the insurer unless the canceling
party has first given ten days' notice in writing to the City of intent to cancel the
policy.
All corporations, partnerships, and associations must designate an Operating Manager.
The Operating Manager must be a person designated by the licensed premises who is
in charge of day-to-day liquor sales.
Execution of Application
If the application is by an individual, it shall be signed and sworn to by such person; if by
a corporation. by an officer thereof; if by a partnership, by one of the partners; if by an
incorporated association, by the operating officer or managing officer thereof. If the
applicant is a partnership, the application. license, and insurance pOlicy shall be made
and issued in the name of all partners. It shall be unlawful to make any false statement
in an application. Falsification is a cause for revocation or denial of the license.
Section 12. DESCRIPTION OF PREMISES
The application shall specifically describe the compact and contiguous premises within
which liquor may be dispensed and consumed. The description may not include any
parking lot or sidewalk.
Section 13. APPLICATIONS FOR RENEWAL
At least 90 days before a license issued under this ordinance is to be renewed, an
application for renewal shall be filed with the city. The decision whether or not to renew
a license rests with the sound discretion of the Council. No licensee has a right to have
the license renewed.
The general procedure for renewal is as follows:
A. The city will mail all application forms by September 30 with a letter stating the
timeframes and requirements for completion of the application process. The form
used will be the Minnesota Department of Public Safety Renewal of Liquor, Wine of
Club License (form PS9093-98 or the most current form used by Alcohol and
Gambling Enforcement).
B. Licensees will return the required forms to the city by October 30.
C. Applicants are responsible to verify information on citations and violations with the
Chief of Police prior to October 30 and submission to the city.
D. The Council shall hold a public hearing(s) each year at the first scheduled Council
meeting in November to review and hear testimony by any interested individual or
party concerning the renewal of liquor licenses. This process allows for appeal of a
denied license and the required approval from the state prior to the January 31
license expiration date.
E. Approvals are contingent upon licensee proof of required payment of insurances,
property taxes, and utility bills.
F. Renewal applications for an on-sale license for a restaurant shall include a Certified
Public Accountant statement showing total sales, food sales, liquor sales, and
percentage of total sales for the previous year. The Council shall not renew the
license unless at least forty (40%) percent of the establishment's annual gross sales
is from the serving of prepared food.
G. The application shall specifically describe the compact and contiguous premises
within which liquor may be dispensed and consumed. The description may not
include any parking lot or sidewalk.
H. The Chief of Police is required to provide Council by October 15 each year, a
summary of officer calls and the nature of those calls to licensed establishments.
The Chief of Police is also required to report a graphical depiction of alcohol related
issues such as citations and arrests for Driving Under the Influence or alcohol
related infractions for the previous 3 year period.
I. The City Administrator shall verify all information prior to issuing a license.
Section 14. TRANSFER OF LICENSE
No license issued under this ordinance may be transferred without the approval of the
Council. Any transfer of stock of a corporate licensee is deemed to be a transfer of the
license, and a transfer of stock without prior Council approval is a ground for revocation
of the license. An application to transfer a license shall be treated the same as an
application for a new license, and all of the provisions of this ordinance applying to
applications for a license shall apply.
Death of Licensee
In the event of the death of a person holding a license, the personal representative of
that person shall be allowed to continue to operate the business within the terms of the
license for a period not to exceed 90 days after the death of the licensee.
Section 15. INVESTIGATION
A. Preliminary background and financial investigation
On an initial application for a license, on an application for transfer of a license and, in
the sound discretion of the Council that it is in the public interest to do so, on an
application for renewal of a license, the city shall conduct a preliminary background and
financial investigation of the applicant or it may contract with the Commissioner of
Public Safety for the investigation. The applicant shall pay with the application an
investigation fee of $500 which shall be in addition to any license fee. If the cost of the
preliminary investigation is less than $500, the unused balance shall be returned to the
applicant. The results of the preliminary investigation shall be sent to the Commissioner
of Public Safety if the application is for an on-sale intoxicating liquor license or an on-
sale wine license.
B. Comprehensive background and financial investigation
If the results of the preliminary investigation warrant, in the sound discretion of Council,
a comprehensive background and financial investigation, the Council may either
conduct the investigation itself or contract with the Commissioner of Public Safety for
the investigation. The investigation fee for this comprehensive background and
financial investigation to be paid by the applicant shall be $500, less any amount paid
for the initial investigation if the investigation is to be conducted within the state, and
$10,000, less any amount paid for the initial investigation, in the investigation is required
outside the state. The unused balance of the fee shall be returned to the applicant
whether or not the application is denied. The fee shall be paid in advance of any
investigation and the amount actually expended on the investigation shall not be
refundable in the event the application is denied. The results of the comprehensive
investigation shall be sent to the Commissioner of Public Safety if the application is for
an on-sale intoxicating liquor license or an on-sale wine license.
Section 16. HEARING AND ISSUANCE
The Council shall investigate all facts set out in the application and not investigated in
the preliminary or comprehensive background and financial investigations. Opportunity
shall be given to any person to be heard for or against the granting of the license at the
first scheduled Council meeting in November for renewals or at the time of review for a
new application. After the investigation and hearing, the Council in its sound discretion
grant or deny the application. No license shall become effective until the proof of
financial security has been approved by the Commissioner of Public Safety.
Should the City Council deny the applicant's request for a license due, partially or solely,
to the applicant's prior conviction of a crime, the City Council shall notify the applicant of
the grounds and reasons for the denial; the applicable complaint and grievance
procedure as set forth in Minnesota Statutes, Section 364.06; the earliest date the
applicant may reapply for a license; and that all competent evidence of rehabilitation will
be considered upon reapplication.
Section 17. RESTRICTIONS ON ISSUANCE
A. Each license shall be issued only to the applicant for the premises described in the
application.
B. Not more than one license shall be directly or indirectly issued within the city to any
one person.
C. No license shall be granted or renewed for operation on any premises on which
taxes, assessments, utility charges, service charges or other financial claims of the
city are delinquent and unpaid.
D. No license shall be issued for any place or business ineligible for a license under
state law.
E. No license shall be issued to any person who is not a resident of the state. If the
applicant is a corporation, all of the shareholders shall be residents of the state. The
provisions of this paragraph shall not apply to any existing license existing on the
effective date of this ordinance or to the renewal of an existing license.
F. No license shall be granted within 500 feet of any school or church. The distance is
to be measured from the closest side of the church or school to the closest side of
the structure on the premises within which liquor is to be sold. The provisions of this
paragraph shall not apply to any existing license existing on the effective date of this
ordinance or to the renewal of an existing license as long as the establishment is in
compliance with applicable zoning regulations.
Section 18. CONDITIONS OF LICENSE
Every licensee is responsible for the conduct of the place of business and the conditions
of sobriety and order in it. The act of an employee on the licensed premises is deemed
the act of the licensee as well, and the licensee shall be liable to all penalties provided
by this ordinance and the law equally with the employee. Every licensee shall also
cooperate with the City in controlling activity attributable to the business in surrounding
areas.
The failure of the licensee to meet anyone of the conditions of the license specified
below shall result in suspension of the license until the condition is met.
A. Every licensee shall allow any peace officer, health officer, city employee or any
other person designated by the Council to conduct compliance checks and to
otherwise enter, inspect, and search the premises of the licensee during business
hours and after business hours during the time when customers remain on the
premises without a warrant.
B. No on-sale establishment shall display liquor to the public during the hours when the
sale of liquor is prohibited.
C. Compliance with financial responsibility requirements of state law and this ordinance
is a continuing condition of any license.
Section 19. HOURS AND DAYS OF SALE
A. The hours of operation and days of sale shall be as those set by M.S. 340A.504, as
. it may be amended from time to time.
B. No person shall consume nor shall anyon-sale licensee permit any consumption of
intoxicating liquor or 3.2 percent malt liquor in an on-sale licensed premises more than
30 minutes after the time when a sale can legally occur.
C. No on-sale licensee shall permit any glass, bottle, or other container containing
intoxicating liquor or 3.2 percent malt liquor to remain upon any table, bar, stool or other
place where customers are served, more than 30 minutes after the time when a sale
can legally occur.
D. No person other than the licensee and any employee, shall remain on the on-sale
licensed premises more than 30 minutes after the time when a sale can legally occur.
E. Any violation of any condition of this section may be grounds for revocation of
suspension of the license.
Section 20. RESTRICTIONS INVOLVING UNDERAGE PERSONS
A. No licensee, his agent, or employee shall serve or dispense upon the licensed
premises any intoxicating or 3.2 percent malt liquor to a person under the legal drinking
age; nor shall such licensee, or his agent or employee, permit any such person to be
furnished or allowed to consume any such liquors on the licensed premises; nor shall
such licensee, his agent, or employee, permit any such person to be delivered any such
liquors.
B. No person under the legal drinking age shall enter a licensed premises for the
purpose of purchasing or consuming any alcoholic beverage. It is not unlawful for any
person who has attained the age of 18 years to enter licensed premises for the following
purposes:
1) to perform work for the establishment;
2) to consume meals on the premises that qualify as a restaurant; or
3) to attend social functions that are held in a portion of the establishment where
liquor is not sold.
c. No person under the legal drinking age shall consume or receive delivery of
intoxicating or 3.2 percent malt liquor.
D. No person under the legal drinking age shall possess any intoxicating or 3.2 percent
malt liquor. Possession of an alcoholic beverage by a person under the legal
drinking age at a place other than the household of the parent or guardian is prima
facie evidence of intent to consume it at a place other than the household of the
person's parent or guardian.
E. Misrepresenting Age
No underage person shall misrepresent the person's age for the purpose of obtaining
intoxicating liquor or 3.2 percent malt liquor, nor shall the person enter any premises
licensed for the retail sale of intoxicating liquor or 3.2 percent malt liquor for the
purposes of purchasing or having served or delivered any alcoholic beverage. Nor shall
any such person purchase, attempt to purchase, consume, or have another person
purchase for the underage person any intoxicating liquor or 3.2 percent malt liquor.
F. Identification Requirements
1. Identification Required
Any person shall, upon demand of the licensee, his employee, or agent, produce
and permit to be examined one of the forms of identification provided under
Minnesota Statutes Section 340A.503, subdivision 6.
2. Prima Facie Evidence
In every prosecution for a violation of the provisions of this section relating to the
sale or furnishing of intoxicating liquor or 3.2 percent malt liquor beverages to
underage persons and in every proceeding before the Council with respect
thereto, the fact that the underage person involved has obtained and presented
to the licensee, his employee or agent, a driver's license, passport or
identification card from which it appears that said person was not an underage
person and was regularly issued such identification card, shall be prima facie
evidence that the licensee, his agent or employee is not guilty of a violation of
such a provision and shall be conclusive evidence that a violation, if one has
occurred, was not willful or intentional.
Employment of Persons Under Eighteen Years of Age
No person under eighteen (18) years of age shall be employed in any rooms
constituting the place where intoxicating liquors or 3.2 percent malt liquor are sold at
retail on-sale, except that persons under the age of 18 may be employed as musicians
or to perform the duties of a bus person or dishwashing services in places defined as a
restaurant, hotel, motel, or other multipurpose building serving food in rooms in which
intoxicating liquors or 3.2 percent malt liquor are sold at retail on-sale.
Section 21. RESTRICTIONS ON PURCHASE AND CONSUMPTION
No person shall mix or prepare liquor for consumption in any public place of business
unless it has a license to sell on-sale, or a permit from the Commissioner of Public
Safety under the provisions of M.S.3401.414, as it may be amended from time to time,
which has been approved by the Council, and no person shall consume liquor in any
such place.
Section 22. REVOCATION OR SUSPENSION OF LICENSE
The Council may suspend or revoke any license for the sale of intoxicating or 3.2
percent malt liquor for any of the following reasons:
A. False or misleading statements made on a license application or renewal, or failure
to abide by the commitments, promises or representations made to the City Council.
B. Violation of any special conditions under which the license was granted, including,
but not limited to, the timely payment of real estate taxes, and all other charges.
C. Violation of any Federal, State, or local law regulating the sale of intoxicating liquor,
3.2 percent malt liquor, or controlled substance.
D. Creation of a nuisance on the premises or in the surrounding area.
E. That the licensee suffered or permitted illegal acts upon the licensed premises or on
property owned or controlled by the licensee adjacent to the licensed premises,
unrelated to the sale of intoxicating liquor or 3.2 percent malt liquor.
F. That the licensee had knowledge of illegal acts upon or attributable to the licensed
premises, but failed to report the same to the police.
G. Expiration or cancellation of any required insurance, or failure to notify the City within
a reasonable time of changes in the term of the insurance or the carriers.
Section 23. HEARING NOTICE FOR REVOCATION OR SUSPENSION OF LICENSE
Revocation or suspension of a license by the City Council shall be preceded by public
hearing conducted in accordance with Minnesota Statutes Section 14.57 to 14.70. The
City Council may appoint a hearing examiner or may conduct a hearing itself. The
hearing notice shall be given at least 10 days prior to the hearing, include notice of the
time and place of the hearing, and state the nature of the charges against the licensee.
Section 24. PROHIBITED CONDITIONS
A. Prostitution. No licensee shall knowingly permit the licensed premises or any room
in those premises or any adjoining building directly under the licensee's control to be
used by prostitutes.
B. Controlled Substances. No licensee shall knowingly permit the sale, possession or
consumption of controlled substances on the licensed premises in violation of state law.
C. Gambling. Gambling and gambling devices, with the exception of licensed charitable
gambling organizations, are not permitted on licensed premises. State lottery tickets
may be purchased and sold within licensed premises as authorized by the director of
the state lottery.
Section 25. INACTIVE LICENSE
The City Council may revoke the intoxicating liquor or 3.2 percent malt liquor license of
any establishment granted a license that is not under construction and exhibiting
satisfactory progress toward completion within 6 months from its issuance, or any
establishment that ceases operation for a period of 6 months. A hearing shall be held to
determine what progress has been made toward opening or reopening the
establishment and, if satisfactory progress is not demonstrated, the Council may revoke
the license.
Section 26. BUILDING CHANGES
Proposed enlargement or substantial alteration which changes the character of the
establishment, or extension of premises previously licensed shall be reported to the City
Clerk at or before the time application is made for a building permit for any such
change. The enlargement, substantial alteration or extension shall not be allowed
unless the Council approves an amendment to the license.
Section 27. PUBLIC CHARACTER OF LIQUOR SALES
No sale of liquor shall be made to or in guest rooms of hotels unless:
1. the rules of such hotel provide for the service of meals in guest rooms;
2. the sale of such liquor is made in the manner on-sales are required to be
made;
3. such sale accompanies and is incidental to the regular service of meals to
guests therein;
4. the rules of such hotel and the description, location, and number of such guest
rooms are fully set out in the application for the liquor license.
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Section 28. PRESUMPTIVE CIVIL PENALTIES
A. Purpose. The purpose of this Section is to establish a standard by which the City
Council determines the length of license suspensions and the propriety of
revocations, and shall apply to all premises licensed under this ordinance. These
penalties are presumed to be appropriate for every case; however, the Council may
deviate in an individual case where the Council finds that there exist substantial
reasons making it more appropriate to deviate, such as, but not limited to, a
licensee's efforts in combination with the State or City to prevent the sale of alcohol
to minors. When deviating from these standards, the Council will provide written
findings that support the penalty selected.
B. Minimum Penalties for Violations. The minimum penalties for convictions or
violations must be presumed as follows (unless specified, numbers below indicate
consecutive days' suspension):
The following violations require revocation of the license on the first violation.
. Commission of a felony related to the licensed activity
. Sale of alcoholic beverages while license is under suspension.
. Sale of intoxicating liquor where only license is for 3.2 percent malt liquor.
Best Practices Establishments
Establishments entering into an agreement with the Police Department as a Best
Practice Establishment will use the Best Practices violation grid as described in this
ordinance.
The following violations fall under this violation grid broken down by type of license.
. Sale of alcoholic beverages to under-age persons.
. Sale of alcoholic beverages to obviously intoxicated person.
. After hours sale/display/consumption of alcoholic beverage.
. Illegal gambling on premises.
. Failure to take reasonable steps to stop person from leaving premises with
alcoholic beverages (on-sale allowing off-sale).
BEST PRACTICES PENAL TV GRID:
Type of First Second Third
License Violation Violation Violation
On-sale $500 $1,000 and Return to regular penalty grid
Intoxicating 5 Days and Off Best Practices for one
Liquor Suspension year
Staved
Off-sale $500 $1,000 and Return to regular penalty grid
Intoxicating 3 Days and Off Best Practices for one
Liquor Suspension year
Staved
On-sale $500 $1,000 and Return to regular penalty grid
Beer and 10 Days and Off Best Practices for one
Wine Suspension year
Stayed
Off-sale $1,000 $1,500 and Return to regular penalty grid
3.2 Malt 10 Days and Off Best Practices for one
Suspension year
Stayed
Any violation not listed in the previous information would be heard by the Council and
they would review all information and circumstances and determine a penalty with the
maximum fine of $2,000 and/or 60-day suspension or determine the license should be
revoked.
First violations would be handled by an administrative hearing with the Police Chief or
his/her designee with the presumptive penalty given to license holders. For Best
Practice establishments first and second violations would be handled by an
administrative hearing with the Police Chief or his/her designee and the City
Administrator or his/her designee.
License holders have the right to request a hearing before the City Council if not in
agreement With the presumptive penalty. The Police Chief or City Administrator also
have the right to request a hearing before the Council if he/she/they believe there exists
substantial reason making it appropriate to deviate from the presumptive penalty. If the
Police Chief/City Administrator and licensee agree on the presumptive penalty, these
will be reported to the City Council in a staff report.
C. Multiple Violations. At a licensee's first appearance before the Council, the Council
must act upon all of the violations that have been alleged in the notice sent to the
licensee. The Council in that case must consider the presumptive penalty for each
violation under the first appearance column in subsection (B) above. The occurrence of
multiple violations is grounds for deviation from the presumed penalties in the Council's
discretion.
D. Subsequent Violations. Violations occurring after the notice of hearing has been
mailed, but prior to the hearing, must be treated as a separate violation and dealt with
as a second appearance before the Council, unless the City Administrator and licensee
agree in writing to add the violation to the first appearance. The same procedure applies
to a second, third, or fourth appearance before the Council.
E. Subsequent Appearances. Upon a second, third, or fourth appearance before the
council by the same licensee, the Council must impose the presumptive penalty for the
violation or violations giving rise to the subsequent appearance without regard to the
particular violation or violations that were the subject of the first or prior appearance.
However, the Council may consider the amount of time elapsed between appearances
as a basis for deviating from the presumptive penalty imposed by this Section.
F. Computation of Violations. Multiple violations are computed by checking the time
period of the three years immediately prior to the date of the most current violation.
G. Other Penalties. Nothing in this Section shall restrict or limit the authority of the
council to suspend up to sixty (60) days, revoke the license, impose a civil fine not to
exceed two thousand dollars ($2,000.00), to impose conditions, or take any other action
in accordance with law; provided, that the license holder has been afforded an
opportunity for a hearing in the manner provided in this Chapter.
H. Notification. If a licensed establishment is cited for a violation of this ordinance, the
Chief of Police must provide a letter of notification to the licensee and the City Council
through the City Administrator within 5 business days after the violation occurred.
The Best Practices Progam
Each licensee's participation can be customized to help fit their business. While there
are mandatory criteria, businesses chose elective criteria as long as they meet the
minimum required points for participation. The agreement is then signed by the
licensee and key managers or operators of the establishment and the Police Chief, City
Administrator, and Mayor. By establishing this program, the goal of the City of
Centerville is: No Alcohol Sales to Minors. The City also wishes to enter into
proactive practices in alignment with the Community Policing Philosophy to prevent and
solve enforcement issues.
There are (4) four required criteria for participation in the Best Practice program for
establishments.
1. They must first agree to the annual inspection I background investigation to ensure
criteria are being met.
2. They must commit to a minimum of 75% of their employees trained by the Police
Department. The training program options are covered in a later section. The 75%
figure allows for the issue of employee turnover, but key personnel must be trained.
3. The establishment must have a program in place for on-going training of new and
current employees.
4. A yearly meeting with managers gives the police department the opportunity to sit
down with the on-site managers to go over any problems, concerns, or issues on
either side for a better working relationship. If in the opinion of the Chief of Police or
City Administrator a licensee is not acting in good faith, the licensee will not be
allowed to participate in the Best Practices Program.
There are several elective criteria in the program:
. The establishment has a policy in place requiring identification checks on all
customers who do not appear to be at least 40 years of age on all alcohol
purchases.
. The establishment has a reward program in place for employees who find underage
people attempting to purchase and turn them into the police.
. The establishment has an automated 10 card scanner system in place.
. The establishment has an internal compliance check program in place which has
been approved by the police department. These programs usually involve using
individuals who are old enough to purchase but do not appear so, to see if they are
checked for identification.
. Pre-agreement to meet immediately on compliance check violations. The police
department waits for the criminal court process on the clerks who are charged to be
completed before handling the administrative fine process with the business. In this
option, the licensee agrees to meet on the administrative process without waiting for
the criminal court process to be completed which speeds up the process as often the
court process can take several months.
. Pre-agreement to work on secondary sales. This is an enforcement project to work
with police on individuals old enough to purchase themselves who purchase for
others who are underage.
Compliance Checks
The Police Department shall conduct two compliance checks each year for Best
Practices establishments and a third compliance check is authorized at any
establishment that failed a compliance check.
The Police Department is authorized to conduct frequent compliance checks at
establishments not participating in the Best Practices Program.
The City will allow any independent apprehension of a minor attempting to purchase
that leads to charges to count as a pass for one of their two compliance checks for that
year.
Recognition and Community Education
Recognition and community education are critical components of this project. Everyone
can take pride in prevention of underage consumption. This ordinance establishes a
recognition program at City expense to include:
· Letters of Recognition to individual employees by officers at the time of the passed
compliance check with a Letter of Thanks to the licensed establishment.
,-
. Each establishment that passes both compliance checks within a year will be given
a framed certificate recognizing their achievement.
. Annually, those establishments passing both compliance checks will be recognized
in the Quad Press and Hugonian with a letter of thanks from the Council for the
establishment's excellent prevention efforts focused on underage alcohol
consumption.
. Signage indicating a "Best PracticeD license holder provided by the City for posting, a
5% discount on license renewal fees, and a separate penalty grid for violations
. Best Practice establishments with a 3-year history of no compliance cheek failures,
shall be designated "Gold Star Best Practice" license holders. They will receive
signage by the City and receive a 10% discount on license renewal fees. If they
have a compliance check failure, they follow the Best Practice penalty grid, and
return to "Best Practice" establishment status.
. Both the Police Department and City Administrator are encouraged to work with the
school district and other organizations to educate citizens about the program and the
preventive efforts of the Best Practices Program.
. Both the Police Department and City Administrator are encouraged to work with
licensee's for additional opportunities to recognize prevention results.
Training Program
The Police Department shall designate a Best Practices Program Coordinator. The
Coordinator will focus on liaison with licensed establishments and the City
Administrator. The coordinator will provide opportunities to train employees using the
TIPS program (Training for Intervention ProcedureS). TIPS is a national education
program for alcohol servers. It is a five-hour course which presents to employees a new
approach to dealing with others. The program uses three methods of instruction;
Section 1 - Information
Section 2 - Skills Training
Section 3 - Practice and Rehearsal
At the end of the training, each server must take and pass an examination. They will
receive a 3 year certification through TIPS. The Police Department will offer the training
free of charge to Best Practice licensees and charge to reimburse expenses for
licensees not participating in the Best Practice Program. The Police Department will
work with licensees to provide training at convenient times.
The Police Department will also offer a two-hour short course that explains the
ordinance, state statutes, how to check for identification, and how to refuse service to
patrons. The Police Department will offer the training free of charge to Best Practice
licensees and charge to reimburse expenses for licensees not participating in the Best
Practice Program. The Police Department will work with licensees to provide training at
convenient times.
Page 1
Best Practice Agreement
City of Centerville
U-21 Project
Please print and use pen
Is a business, operating in the City of Centerville with an [on-sale off-sale] [intoxicating
wine wine/strong beer malt] liquor license agrees to be a "Best Practices"
establishment.
With this agreement we understand we must agree to several of the following items,
including the first four mandatory items, to a total point value of at least 100 points.
Selected Points Item Description
Items
Mandatory 15 Inspection and investigation to ensure criteria are
being met by Police Department and City
Administrator
Mandatory 10 Minimum 75% of employees trained by Police
Department
Mandatory 10 Program in place for on-going training of new and
current employees
Mandatory 15 Yearly meeting between designated Operating
Managers, Owners, and Police Department
personnel
25 Participation in TIPS training program with
minimum set number of emolovees certified
10 Policy requiring identification checks for anyone
appearing to be 40 years of age or under
10 Employee reward program for rewarding
employees who catch underage persons
attempting to purchase
20 Automated identification card scanner system
10 Approved internal compliance check program
25 Preagreement to meet immediately on violations
(meet with Police Department and City
Administrator immediately instead of waiting for
criminal court proceedings)
10 Pre-agreement to work with Police Department
on secondary sales
Page 2
Best Practice Agreement
City of Centerville
U-21 Project
Business Address:
Business Phone:
All owners and operating managers please sign, date, and provide a home phone
or other reliable contact number.
Signature
Date
Phone
Signature
Date
Phone
Signature
Date
Phone
For the City of Centerville
Signature
Chief of Police
Date
Phone
Signature
City Administrator
Date
Phone
Signature
Mayor
Date
Phone
Licensed establishments that choose not to participate in the Best
Practices U21 Program or are found in violation for a third time will follow
the regular penalty grid listed below.
Regular Penalty Grid:
Type of First Second Third Fourth
License Violation Violation Violation Violation
On-sale $500 and $1,000 and $2,000 and
Intoxicating 5 Days 10 Days 15 Days Revocation
Liquor Suspension Suspension Suspension
Off-sale $500 and $1,000 and $2,000 and
Intoxicating 3 Days 7 Days 12 Days Revocation
Liquor Suspension Suspension Suspension
On-sale $500 and $1,000 and $2,000 and
Beer and 5 Days 10 Days 15 Days Revocation
Wine Suspension Suspension Suspension
Off-sale $1,000 and $1,500 and $2,000 and
3.2 Malt 10 Days 20 Days 40 Days Revocation
Suspension Suspension Suspension
Section 29. EFFECTIVE DATE
This ordinance shall be effective immediately upon the date of its publication.
Adopted by the City Council of Centerville this
day of
,2002.
Tim Swedberg
Mayor
Attested:
Teresa Bender
City Clerk
BOARD OF WATER COMMISSIONERS
James Reiter, President + Stephen Haseboann, Vice President
Commissioners: Matt Anfang + Robert Cardinal + Pat Harris
June 27, 2002
.JJJL.
'aI02i
Ms. Theresa Bender, City Clerk
City of Centerville
1880 Main Street
Centerville, Minnesota 55038
Subject: Board of Water Commissioners' Centerville Lake Watchman Residence Property
1601 Lamotte Road
Dear Ms. Bender:
Pursuant to our recent phone conversation, I'm writing to notifY you tbat tbe Board of Water Commissioners desires to
begin discussions on selling tbe property and would like to know if the City of Centerville is interested in buying it.
In 1999, then City Manager Jim March indicated the City would be interested in buying tbe property, possibly in
partnership with tbe City of Lino Lakes, as the shared city limit line diagonally bisects the property. In 2000, I informed
Mr. March the property would not be available until after June 30, 2004, the date the current lease of the residence expires.
The following day would be the earliest date for occupancy. However, a purchase agreement could be executed well
before that time and a closing could also occur earlier if the City would agree to carry the current lease to expiration.
The attached site plan generally shows the lot split we are proposing. The parcel to be sold is approximately one acre and
would have approximately 220 frontage feet along Lamotte Drive. At this time, the Board intends to retain the adjacent
property for tbe pumping station.
Please let me know if the City is interested in buying the property, and if is interested, the time line it would prefer to
execute a purchase agreement and close the sale. In the event the City decides it does not want to purchase tbe property, or
does not respond by October I, 2002, we will offer it to Anoka County and then to the open market, witb tbe intent of
closing a sale by mid 2004 at the latest.
I'm available at 651-266-6265 to answer any questions you may have, and am very willing to attend any staff or council
meetings, if requested. .
:tL /~
William L. Tschida
Unit Supervisor
Attachment
copy: Bernie BulleTt, General Manager
WLT/jml
SAINT PAUL REGIONAL WATER SERVICES
Bernie R. Bullert, General Manager
84"' St E, Saint Paul MN 55101-1007 . TTY: 651-266-6299
Saint Paul Regional Water Services provides quality water services to the folLowing cities:
Arden Hills-Falcon Heights.Lauderctale.Li[(iec83.1laUa...i~~_.":':"':'::"2.!!~fendota.Mendota Heights-Roseville.Saint Paul- West St, Paul
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DR. TR. WATER UTILITY. CITY OF ST. PAUL, MINN. seA LE 1"= 50'
CH. 1012..1&/02-
APPROVED IbOI La> V')t'o+f-:~ "D", REVISIONS
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TO: Honorable Mayor and Council Members
FROM: Teresa Bender;f,~'
SUBJECT: Proposed Ordinances #70 and #71
DATE: July 3, 2002
At last evenings meeting, the Planning and Zoning Commission recommended Council's
consideration of the attached proposed Ordinances with the hand written modifications.
Please review and an anticipated public hearing will be held in August is Council desires.
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 welfare 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 miuiI)1ize 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 ofthe skin.
l_ _
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Page I of 7
"1
LICENSE REQUIRED
1. A license sball 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 sball 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 sball be made on a form as prescribed by the City and shall
include:
1. If the applicant is a natural person:
E.
A.
B.
The name, place and date of birth, street residence address, and phone
number of the applicant.
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.
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.
The street addresses at which the applicant has lived duriog the preceding
five (5) years.
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.
"
I
c.
D.
2. If the applicant is a partnership:
A.
B.
C.
The name and addresses of all general and limited partners and all
information concerning each general partner.
The name of the managing partner and the interest of each partner in the-
tattooing establishment.
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 fonned, 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 Mnnesota Statutes,
Section 303.06, must be attached to the application.
C. The name of the manager, proprietor, or other agent in charge of the
business and all information concerning each manager, proprietor, or
agent.
4. In the case of all applicants:
A. Whether the applicant holds a current tattooing, body piercing, body
branding or body painting license from any other governmental unit.
B. Whether the applicant bas 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
Tbe City shall verifY and investigate the facts 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 INELIGIBLE FOR LICENSE
1. A license may not be issued to an applicant, or partner or other person in charge
of the licenses if the appliyant:
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 charlWter or repute.
GENERAL LICENSE REQUIREMENTS
L Tattoos on Minors. It is unlawful to tattoo, pierce, brand or paint a person under
the age of eighteen except in the presence of, and with the written permission 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 for business
before 7:00 a.m. nor after 11:00 p.m
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 inform 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 ai1.d 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 verifjr 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 force 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 claims, at least $500,000.
HEALTH AND SANITATION REQUIREMENTS
I. 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 regulations of this 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 facility must be provided with an
adequate supply of hand cleansing 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 of Bio-Hazardous Materials. Needles, razor blades and
other equipment used for pierced, branding or puncturing must be individually
pre-packaged, sterilized and disposable, and this equipment may not be used on
more 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
5. Skin Preparation Procedures. The procedures in this Subsection must be used for
skin preparation.
A. The operator must wash hands 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 hand 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, cha,irs, 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 garments are contaminated with blood or body fluids, the garment
must be removed, changed and discarded or sterilized by an approved method.
I'
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. .
1 L 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.
12. 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, bcdy 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 having had viral hepatitis within the
preceding SL'i: (6) months may not be tattoded, branded or pierced unless the
person has the written consent ofalicensed 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, bcdy piercing, body branding or bcdy painting business;
]. The City Council may revoke the license or suspend the license if the licensee
submitted fulse information or omitted material information in the licensing
. 'process.
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
, day of
,2002.
Mayor Tim Swedberg
City Clerk
Page 7 of 7
Jun,28, 2002 10:45AM
,
No 6611 P 1/8
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[J ESCOitT SER'v'ICl'!,s, IvIA'SSAGE P ORoS, JLu- J:'ARLuK$, SA.JN*
PA:RLOR~, l~m ,!J!..KvICES
[1 MASSAGE PARLOR AS ACCESSORY USE TO BARBER SHOP/HAIR OR
BEAUTY SALON (SECTION 19-199)
[] PERSONAL SERVICE LICENSE
(Sections A, B, C,E, F, as llIllTked by an *)
"
A.
Name of Applicant:
Applicant is a:
[ ] Natural Person [ ] Corporation [ 1 Partnership
[ ] Other Form of Organization
*
B.
Complete this section if applicant is a natlU'a! person or l\Jj instructed elsewhere in this
document.
1. True Nllllle
Last
First
Middle
(Maiden)
2. Place and Date of Birth . .
Place
Date
3. Resident Address
Resident Phone
Daytime Phone
4.
Is applicant a United States citi=?
[ lYes
[ ] No
S. AIly name(s) applicant has ever used or been known by other than true names:
a.
Last
Fmt
Middle
(Maiden)
b.
Lallt
Flr3t
Middle
(Maiden)
c.
Last
First
Middle
(Maiden)
d.
Last
First
Middle
(Maiden)
, Jun2B, 2002 10:46AM
No 6621 P 4/8
10. List all convictions for any felony, crime, or ordinance violation (C;I;clude any
traffic ordirumce violations). (AlIlIch additional pages if necessary)
OFFENSE
DATE
LOCATION
DIsPOsmON
11. Applicant's physical description:
Sex
Hair Color
Bye Color
Height
Weight
Complexion
12. List all training for providing the type of services for which tlris license is
requested. Attach copies of all appropriale certificatc:l, etc. (Attach additional
pages if necessary)
a.
b,
c.
d.
e.
~
c.
List any other communities in which you are or have been similarly licensed.
a.
b.
c.
d.
,
L
, Jun,18, 2002 10:46AM
No 6611 p, 3/8
6. Dates and places where names listed in US were used.
5a.
5b.
Sc.
Sd.
7. The names the business .Is to be conducted lIIlde.r if other than the full
inili~dwUnameofapplicant
YOU MUST ATTACH A CERTlFICATE OF ASSUMED NAME ISSUED
BY THE SECRETARY OF STATE (SEE M.S.k CHAPTER 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 necessary)
a.
to
Address Dates
to
Address Dales
to
Address Dates
to
Address Dates
b.
c.
d.
9. Ust the kind, name, and location of every business or occupation you have
been engaged in for the past five years. (Attach additional pages if necessary)
KIND
NAME
ADDRESS
PHONE DATES
Jun.28. 2002 10:47AM
i~o 662 i P 6/8
:8:. SPECIAL INSTRUCTIONS FOR PARTNERS:HIP AFFLICANTS
1. If the applicant is a partnership, each partner and the mlUUlger must complete
Section B as is required of individual applicants.
2. The managing partner(s) i.3/am; and the interest each has in the business is:
(Attach additional paies if necessary)
Full Name and Date of Birth Interest
(Middle Initial not Acceptable)
a.
b.
c.
d.
3. A true copy of the partnership 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 cogy of such certificate certified by the
clerk of district court must be attached.
I. SPECIAL INSTRUCTIONS FOR CORPORATION OR OTHER ORGANIZATION
APPUCANTS
1. Applicant's name
2. If inCOIporated, state of incOIpOration
Attach: a. A true copy of the certificate of mcO!poration
b. Articles of incorpotation or association agreement
c. By-laws
d. If a foreign corporation attach a 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
N0.6621 P 5/8
D. List the full (middle initials not acceptable) names and dates of birth of all individuals
to be licensed and working for the applicant in New Brighton.
a.
b.
c.
d.
*
E.
Have you ever been denied a license by any community to conduct the type of
business for which this license is sought? [ J No [] Yes
If yes, list all communities, dates, and reasons for denial. (Attach additional pag$l if
necessary)
a.
b.
c.
d.
*
F.
List the names, residential, and business address. of three Ramsey County residents of
good moxal character, not related to the applicant or fmancially interested in the
premises or business, who may be referred..to as to the applicant's character.
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 certified scale dmwing of the interior.
Jun,18, 2002 10:48AM
No 6621 p, 8/8
RENEWAL APPLICATION FOE.
[J ESCORT SERVICES, MASSAGE SALONS, RAP PARLORS, SAUNA
PARLORS, AND SERVICES
[J ACCESSORY USE LICENSE FOR MASSAGE AND/OR PERMANENT
MAKEUP TO BARBER SHOPIHAIR OR BEAU1Y SALON - $130.00 per
calendar year
[] PERSONAL SERVICE LICENSB . $75.00 per calendar year
Name of Applicant
Resident Address
Resident Phone
Business Name
Business Address
Business Phone
Signature of Applicant
Date
Conunents:
r:\POUCEZlMUNLlClMusageMakoupIM!\SSl' ABL.REN
Ju~,28, 2002 10:48AM
No 6611 P 7/8
4. List all parties who control or own an interest in excess of five percent in such
corporation or organization, who are officers of the cOlporation or
organization i!l.d such persons must complete Section B as is required of
individual applicants. (AttAch additional sheets if neces-sary)
a.
b.
c.
d.
J. The City of New :Brighton reserves the right to require any additioruU information it
deems applicable.
K.
Notice:
Photographs and fingerprints are required of individual applicants and
of each partner and managing agent for partnership, corporation, or
other organization applicants.
L. AFFIRMATION
I hereby swear/affirm that the information given in this application is true and
accurate.
Signature of Applicant
Date
Sworn before me this'
day of
, 19
Notary Public
TO:
Planning & Zoning Commission
Teresa;{~
FROM:
SUBJECT:
Proposed Ordinance #70 (Saunas & Massage Parlors)
DATE:
June 28, 2002
Per Planning and Zoning Commission request, the proposed Ordinance #70 was
forwarded to Chief Joel Heckman, Centennial Lakes Police Department for comments.
Chief Heckman had the following comment:
. Include language regarding a required background check prior to issuance
of a license.
Same has been included on Page 2, ~usiness License Required - first paragraph, last
sentence.
Chief Heckman also requested that the City allow ample time for issuance to take into
consideration his department's time to complete a background check.
,
Sauna - A steam bath or heat bathing room used for the purpose ofbatbing, 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 culturists 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 government, 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.
BUSINESS 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. All licensees must participate in a background check and successful completion prior to
receiving a license.
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 offeriIig 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 cbaracter;
D. Whether the applicant, m'mager or operator has ever been convicted of a crime or
offunse 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;
Page 2 of 12
1. No business license shall be issued if the applicant or any ~f its owners, lessees,
managers, employees or agents is a person of bad 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 of the licensed activity.
3. Licenses shall be issued only to applicants who have not, within one (1) year prior to the
date of application, been denied licensure; or who have not within such period had their
license revoked.
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 ofthe 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 l()cking
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
I--~._.- --
CONDITIONS GOVERNING ISSUANCE OF A MASSAGE CERTIFICATE
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 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 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 full certificate fee and
certification investigation tee.
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
prennses.
B. The licensed premises shall not be open or in operation between the hours of 11 :00 p.m.
and 8:00 a.rn. 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.rn. 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 Centervil1e, 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 respollSlble 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 notiiY 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
Page 6 of 12
depressants, stimulants or tranquilizers.
C. Engaging in conduct involving moral turpitude by permitting or allowing others within
their employ or agency to engage in conduct involving moral turpitude or fuiling 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 requirements, building
code requirements or ordinances, the violation of which involves more turpitude, 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. .11;1(;. ,Council shall consider the appeal at the next regularly scheduled Council
meeting on Or afterm-t(j.8j3&ys 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 OF ANOTHER
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
falsely, fraudulently, forcibly or willfully induces, causes coerces, requires, permits or directs another
to violate any of the provisions of this Ordinance is likewise guilty of such offense.
PENALTIES
Whoever does any act furbidden by this Ordinance or omits or fuils to do any act required by this
Ordinance shall be guilty of a misdemeanor.
-'EVERABILITY
Page 8 of 12
tervi[[e
'Esta6asfid 1857
1880 :Main Street _ Centervi!{e,:M9{ 55038
(651) 429-3232 _ '1"14:(651) 429-8629
CITY OF CENTERVILLE
APPLICATION FORM FOR SAUNAS OR MASSAGE PARLORS LICENSE
TRADE NAME
DATE OF APPLICATION
LICENSING PERIOD
FULL NAME OF APPLICANT
OWNER IF INDIVIDUAL
PHONE N1Th1BER
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
.
Page 10 ofl2
~--
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
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 facilities 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 of12
I
tervi[[e
T.staNisfied 1851
STATE OF MINNESOTA
COUNTY OF ANOKA
1880 Main Street . Centervi!fe, 'Ai'7\[. 55038 .
(651) 429.3232 . 'Ta;c (651) 429-8629
CITY OF CENTERVILLE
NOTICE OF LOT SPLIT PUBLIC HEARING BEFORE THE CENTERVILLE
PLANNING & ZONING COMMITTEE
PLEASE TAKE NOTICE that the Centerville Planning and Zoning Committee will
hold a public hearing and may take action on the following matter:
ITEM:
PEmIONER:
PROPERTY I.D. #:
LEGAL DESCRIPTION:
Lot Split
Sheehy Construction Company
R24-31-22- 23-0003
Sl/2 OF TRE SWl/4 OF THE NW1I4 EX RD
SUBJECT TO EASE OF REC
7047 South 21" Avenue
ADDRESS:
The petitioner requests that the Centerville Planning and Zoning Commission consider
granting a lot split for the above-mentioned property. The lot split will be splitting the
above stated 20 acre parcel into two (2) lots; one (1) a five (5) acre parcel and the other a
:fifteen (15) acre parceL The said hearing will take place on Tuesday, July 2,2002 at the
Centerville City Hall, 1880 Main Street in the Council Chambers beginning at 6:30 p.lIJ.
or shortly thereafter.
The City Hall is ADA accessible. Requests for hearing assistance devices or a sign
language interpreter must be received before 4:00 p.m June 28, 2002. All persons
interested are invited to attend and to be heard. You may call the City Clerk's Office at
(651) 429-3232 or by fucsimile (651) 492-8629 if you need additional information.
June 10,2002
Is! Teresa Bender
City Clerk
Published in the Quad Community Press June 18 & June 25, 2002
'I
FirstName LastName Addressl City State PostalCode -
Mr. Joe Goetz or 2030 Main. Centerville MN 55038
Current Street
Owner
Mr. & Mrs. Olson or 1980 Main..' Centerville MN 55038
Curtis Current Street
Owner
Mr. Gerald Rel1bein or 1988 Main.! Centerville MN 55038
Current Street
Owner
Magill 1990 Main v' Centerville MN 55038
Properties Street
or Current
Owner
Mr. & Mrs. Dupaul or 1970 Mainv Centerville MN 55038
Shane Current Street
Owner
Mr. & Mrs. Scott or 7084 v' Centerville MN 55038
James Current Cottonwood
Owner Court
Mr. & Mrs. Colvard or 7072 ,/ Centerville MN 55038
Brian Current Cottonwood
Owner Court
Mr. & Mrs. Bednar or 7068 .; Centerville MN 55038
Ryan Current Cottonwood
Owner Court
Mr. & Mrs, Hathaway 7060 ./ Centerville MN 55038
Robert or Current Cottonwood
Owner Court
Mr. & Mrs. Neutkens or 7054 v' Centerville MN 55038
Christian Current Cottonwood
Owner Court
Mr. Jay Brenner or 7048 wi Centerville MN 55038
Current Cottonwood
Owner Court
Mr. & Mrs. Riehle or 7044/ Cemerville MN 55038
Mark Current Cottonwood
Owner Court
Mr. & Mrs. Jansen or 704iv' Centerville MN 55038
Keith Current Cottonwood
Owner Court
Mr. & Mrs. Jordan or 7049 v Centerville MN 55038
Terrance Current Cottonwood
Owner Court
Comfort Current 7050 - 2Oth"/ Centerville MN 55038
Plus Owner Avenue
FirstName LastName Address! City State PostalCode
Heating and
Cooling or
Current Owner 7070 - 20thv' Centerville MN 55038
Avenue
Current Owner 7090 - 20thv' Centerville MN 55038
Avenue
Current Owner 7097 - 20th,! Centerville MN 55038
Avenue
Current Owner 7095 . 20th,! Centerville MN 55038
Avenue
Current Owner 7093 - 20th'; Centerville MN 55038
Avenue
Current Owner 7091 - 20th'/ Centerville MN 55038
Avenue
City of or Current 7087 - 20thv' Centerville MN 55038
Centerville Owner Avenue
nt 3 -2 v' n e
enue
Mr. Michael Muellner or 7035. 20th/ Centerville MN 55038
Current Avenue
Owner
Mr. & Mrs. Gunderson 71 05 - 20thv' Centerville MN 55038
Scott or Current Avenue
Owner
MAR-:<:.e-2aS2 8.2: 2S PM 7N8639&63"I:.i7M
6514817838
P.82
FROM : CENT
f'tf:Ne I'll. e'1 429 ElSClS
Mar, C!!l 2002 01: aII'M ~
tervi{{e
'Esta6tlJfied: 1851
1830 9t{~jn Str.!.t · (.mtuviile, 9tt9I( S50J8
(612) 42!H2J2 . 7tr1i. ((;12) 42"8629
ern' OF CENTERVlLLE
LOTtriUT APPUCATION
I
NAME OF A:PPLlCANT $\''''''''''1 c....rta.v'it\~A c.."'t'" 't FEE. 1'1.5(;2.
, $'$'10"
ADDRESS f.o, 6..... r..1tS-<.'<. ..~:t.~.."l DAYTIM:tl'HONEPl' '-5'1. 'fS'1d,r,,'l1
DATE $-~,\- o~ FAXN'tIMBER
LEGAL :DE:SCR1PT!ON OF PROJrE!1LTI'
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LEGAL DESCRIPTION OF PRO,"OSED LOTS
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PROPERTY ADDRESS: .
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tervi{{e
'Estaflisfid 1857
1880 Main Street
Centervine, Minnesota 55038
(651) 429-3232
RECEIVED OF
Roonev & Neilson.L TO. . $175.00
Attorneys at Law
3260 Rice street
UllJe Canada. MN 55126 .
FOR
Lot Split App/icallm Fee Ck#33310
Sheehy Construction Canpany
Account Code Amount
.
.
,
.
SY Kim Stephan
May 22, 2002
Receipt #
7591.
r---------
Thomas J. Rooney
Larry Neilson
May 21, 2002
City of Centerville
City Hall
1880 Main Street
Centerville, MN 55038
Re: Sheehy Construction Co.
Our File No. 12176
Dear Sir/Madam:
ROONEY & NEILSON, LID.
Atturneys at Law
3260 Rice Street
Little Canada, MN 55126
MAY 2 2 2002
Telephone (651) 481-9222
Telefax (651) 481-7038
E-mail: tjrooneydm@aol.com
lwneilson@Jwtmail.com
Enclosed please find a Lot Split Application of Sheehy Construction Company, together with the
filing fee of $175. If you have any questions, please call.
Yours truly,
ROONEY & NEILSON, LTD.
~~..
L~ilson
LN/gn
cc: Cy Sheehy
,," 1"'"
l'N""" it?':
;,_ "; ,1 _ - '~,1
it" __~;'__, ' -_~;
i.i/
,.s'
TO: Honorable Mayor and Council Members
FROM: Teresa Bender/,~'
SUBJECT: Resolutions #02-023, 024, 025 and Council Meeting Minutes from June
26, 2002
DATE: July 3, 2002
These Resolutions are awaiting additional information from outside sources that staffwas
unable to obtain prior to packet preparation. Once the information has been received, the
Resolutions and Council minutes will be e.mailed and copied prior to the meeting"
Thank you for your understanding in this matter.
PHEASANT MARSH SECOND ADDITION
CITY OF CENTERVlLLE
COUNTY OF ANOKA
SEC. 23, T. 31, R. 22
Outlot C, PHEASANT MARSH FIRST ADDmON, <ccording to the recorded plat thereo( Anoka County,
Minnesota
I hereby certify thct I have surveyed and platted the property described on this plat as PHEASANT MARSH
SECOND ADDITION; that this plat is a correct representation of the survey; thai: all distances are correctly shown
on the plat in feet and hundredths of a foot; that all monuments will be correctly placed in the ground as designated
within one yea- afterthe recording date of this plat; that the outside boundary lines are correctly designated on the
pial:; and thct there are no wetlands as defined in Minnesota Statutes 505_02, Subdivision 1, or public highways to
be designated on said plat other than as shown
KNOW All. PERSONS BY THESE PRESENTS: That Ground Development, Inc., a Minnesota corporation, fee
owner of the following described property, situated in the County of Anoka, State of Minnesota, to-wit
And
Outlot D, PHEASANT MARSH FIRST ADDITION, a:cording to the recorded plat thereof. Anoka County,
Minnesota
Harold C. Peterson, Land Surveyor, License No. 12294
Has cillsed the s<me to be surveyed and platted as PHEASANT MARSH SECOND ADDITION and does hereby
dedicilte to the public, for public use forever, the lanes, pla:e and way and also dedicates the drainage and utility
easements as shown on the plat. In witness whereof sad Ground Development, Inc., has c.:used these presents to
be signed by its proper officers this_day of 2002
STATE OF MINNESOTA
COUNTY OF
GROUND DEVELOPMENT, INC
The foregoing Surveyor's Certificate was: acknowledged before me this _ day of
by Harold C, Peterson, Minnesota License No. 12294.
2002,
By
"
Notary Public,
County, Minnesota
My Commission Expires: January 31, 2005
STATE OF MINNESOTA
COUNTY OF
CITY OF CENTERVILLE
The foregoing instrument was acknowledged before me this _ day
"
Minnesotacorporaion, on behalfofthe corporation
of 2002, by
of Ground Development, Inc., a
We hereby certify that the City Council of the City of CentervilIe, Anoka County, Minnesota,. duly accepted and
approved the plat of PHEASANT MARSH SECOND ADDITION ;J. a regular meeting held this _ day of
2002 Ifapplicable, the written comments and recommendations of the Commissioner of
Transportation and the County Highway Engineer have been recoved by the city or the prescribed 30 day period
has: elapsed without such comments and recommendations, as provided by Minn. Sta:utes, Section 505.03, Subd 2
NotcryPublic,
County, Minnesota
My Commission Expires January 31,2005
By
By
Mayor
Clerk
Checked and approved this _ day of
2002
By
Anoka County Swveyor
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SEC. 23, T. 31, R. 22
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NOTE: ALL MONUMENTS REOtJIRED BY MINNESOTA STATUTE AND
NOT SHOWN ON THIS PLAT WILL BE SET WITHIN ONE
YEAR OF" THE RECORDING DATE OF" THIS PLAT, AND
SHAU BE E\IIOENCEO BY A 1/2 INCH BY 14 INCH IRON
PIPE MARKED BY R.L,$, NO. 12294.
F"OR THE PURPOSES OF" THIS PLAT THE NORTH LINE
OF" THE SOUTH HALF" OF" THE SOUTHWEST OUARTER
OF" THE SOUTHEAST OUARTER SECTION 2.3. TOWNSHIP
3'. RANCE 22, ANQKA COUNTY, MINNESOTA IS
ASSUMED TO HAVE A BEARING OF" N89-19'4'-W.
SEE SHEET 3 OF 3 SHEETS
FOR DETAIL OF BLOCKS 1,
2, 3, 4 AND 5.
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l.lARKED 8'1' LICENSE NO 12294.
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CIlY OF CENTERVILLE
COUNTY OF ANOKA
SEC. 23, T. 31, R. 22
N
o
SCALE IN FEET
GO 120
'.0
- - -
-- -
1 inch", GO lee!
OffAINAGE AND UTILITY CASEMENTS
ARE SHOWN THUS:
II
'--1
1-.
II
_l_J L_l_
BEING 5 FEET IN WIDTH AND ADJOINING LOT
LINES, AND BEiNG 10 fEET IN WIDTH AND
ADJOINING RIGHT or WAY LINES, UNLESS
OTHERWISE SHOWN ON THE PLAT.
NQ1"f:>.
All MONUMEN1S REQUIRED BY MINNESQ1"A S1A1\.l1E AND
N01 SHOWN ON THIS PLAT WILL BE SET WITHIN ONE
YEAR OF THE RECORDING DArr OF THIS PLAT, AND
SHALL BE EVIDENCED BY A 1/2 INCH BY 14 INCH IRON
PIPE MARKED BY R.L.S. NO. 12294.
FOR THE PURPOSES Of THIS PLAT THE NORTH LINE
or THE SOUTH HALf" Of" THE SOUTHWEST QUARTER
OF' THE SOUTHEAST QUARTER SECTION 23. TOWNSHIP
J1, Ro\NGE 22, ANQKo\ CQUN1Y, UINNES01o\ IS
ASSUMED TO HAVE A BEo\RING OF' N89.19'41MW
. O[N01[S 1/2 INCH IRON MONUl.lENT FOUND
o DENOTES 1/2 INCH Jr 14 INCH IRON MONUlIENT SET,
MARKED By LICENSE NO. 12294
. DENOTES ANOKA COUNTY MONUMENT.
.J
Teresa Bender
'rom:
,ent:
To:
Subject:
Ibroussardvickers@earthlink.net
Wednesday, July 03, 2002 9:46 AM
tbender@centervillemn.com
Re: Acorn Creek Park Tree
When will the repairs be done? I thought it had been established that the
developer was responsible. I thought that was several weeks ago. The people
are correct, it was bad over a month ago when Park & Rec took their tour.
Linda
On Tue, 2 Jul 2002 15:27:04 -0500 Teresa Bender <tbender@centervillemn.com>
wrote:
Just to let you know that we have had a lot of folks calling or stopping in
about the dangerous nature of the Acorn Creek Park Trail in its present
state. Tom Peterson and Paul have been working on it and in the interest of
public safety, Staff is putting this item on the agenda for discussion.
If you have any questions or comments on this issue, please either call me
or e-mail me using Teresa's e-mail.
Kim
1
.
16000
14000
12000
10000
8000
6000
4000
2000
o
DISBURSEMENTS & RECEIPTS
JULY 2002
$13,864.91
$10,859.70
DISBURSEMENTS
PAYROll
$490.77
CASH RECEIPTS
.
Amount
CITY OF CENTERVILLE
Cash Receipts
THROUGH JULY 2, 2002
Tran
Date Refer Comments
Batch
Name
07/02102 1 :32 PM
Page 1
Account Oeser
FUND 101 GENERAL FUND
Act Type G
$0.50
$0.50
$0.50
Act $1.50
Act Type R
Act
$20.00
$80.00
$25.00
$125.00
FUND 10
$126.50
7/1102
7/1/02
7/2102
7/1/02
7/1/02
7/2/02
06857 BEAVER POND WAY - 070102
o 1681 HUNTER'S TRAIL - MO 070102
o 1740 PELTIER LAKE DR - CO 070202
01681 HUNTER'S TRAtL - MO 070102
06857 BEAVER POND WAY - 070102
o 1740 PEL TIER LAKE DR . CO 070202
FUND 415 STORM WATER IMP PROJECTS
Act Type R
Act
$0.50
$5.00
$10.57
$1.06
$17.13
FUND 41
$17.13
7/1102
7/1/02
7/2102
712/02
DUB Receipt Serv Pen 10 DRA 7-2-02U
o UB Receipt Serv 10 DRAIN F 7 -2-0ZU
DUB Receipt Serv 10 DRAIN F 07-02-02U
o UB Receipt Serv Pen 10 DRA 07 -02-02U
G 101-24502 Mech, Permit Surcharge
G 101-24502 Mech. Permit Surcharge
G 101-24503 Elee, Permit Surcharge
R 101~32210 BuHdrng/Mech. Permits
R 101-32210 Building/Mech. Permits
R 101-32225 Electdcallnspection
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
FUND 601 WATER FUND
ActType R
$3.57 712/02 o US Receipt Serv Pen 1 WA T 07 -02-02U R 601-37100 Water Sales
$35.70 7/2/02 o UB Receipt Serv 1 WATER 07-02-02U R 601~37100 Water Sales
Act $39.27
FUND 60 $39.27
FUND 602 SEWER FUND
Act Type R
$94.00 7/1/02 o US Receipt Serv 6 SEWER 7-2-02U R 602-37200 Sewer Sales
$9.40 711/02 o UB Receipt Serv Pen 6 SEW 7 -2-02U R 602-37200 Sewer Sales
$185.80 7/2/02 o US Receipt Serv 6 SEWER 07 -02-02U R 602-37200 Sewer Sales
$18.67 712/02 o US Receipt Serv Pen 6 SEW 07-02-02U R 602-37200 Sewer Sales
Act $307.87
FUND 60 $307.87
$490.77
FILTER: ([Period] in(7) and [Act Year] = '2002') and [Tran Nbr] in(10,13)
CITY OF CENTERVILLE
*Check Summary Register@
Name
JULY 2M2
Check Date
07/02102 1 :30 PM
Page 1
Check Am!
10100 MAIN STREET BANK
Paid Chk# 017110 BUILDING CODES & STANDARDS DIV
Paid Chk# 017111 CLEARWATER CREEK
Paid Chk# 017112 CONSTRUCTION BULLETIN MAG.
Paid Chk# 017113 HUGO FEED MILL
Paid Chk# 017114 IRS/MAIN STREET BANK
Paid Chk# 017115 MINNESOTA DEPTOF REVENUE
Paid Chk# 017116 NATIONWIDE RETiREMENT SOLUTION
Paid Chk# 017117 OFFICE MAX
Paid Chk# 017118 OTTER LAKE ANIMAL CARE CENTER
Paid Chk# 017119 PALZER, PAUL
Paid Chk# 017120 PC SOLUTIONS, INC.
Paid Chk# 017121 PRESS PUBLICATiONS
Paid Chk# 017122 PUBLIC EMPLOYEES RETIREMENT
Paid Chk# 017123 STORK TWIN CITY TESTING CORP
Paid Chk# 017124 TIME SAVER
Paid Chk# 017125 VALLEY CREEK LAWN & LANDSCAPE
Paid Chk# 017126 VERIZON WIRELESS, BELLEVUE
FILTER: None
7/10102
7110102
7/10102
7/10/02
7110102
7/10/02
7/10/02
7/10102
7/10/02
7/10/02
7110/02
711 0102
7/10/02
7/10102
7/10102
711 0/02
711 0102
Total Checks
$925.04
$27.38
$217.98
$23.43
$4,180.25
$674.02
$1,064.00
$182.37
$74.55
$42.78
$99.65
$227.25
$1,659.44
$659.30
$458.13
$3,048.03
$281.31
$13,864.91
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June 18, 2002
City Administrator
City of Centerville
1880 Main St.
Centerville, MN 55038
Subject:
St. Genevieve Parish Festival Gambling Permit
Dear City Administrator;
St. Genevieve respectfully requests the City of Centerville's permission for a gambling
permit to be used in conjunction with our parish festival scheduled for August 18, 2002.
Enclosed is a completed LG220 Application which ueeds to be signed by a city
representative. Please return the signed application to the address below.
Thank you for your help.
~tl~
Andrew A. Melcher
952-927-2431
Return to:
St. Genevieve
7087 Goiffon Rd.
Centerville, MN 55038
~.o.:.:..~..i-'~
Minnesota Lawful Gambling
LG220 - Application for Exempt Permit
Organization Information
Organization name
'>-r.- (J~AJiFYI~t/c
Street City
01 fi7:J 1\1 'Ru Ef'N1"51& VI/LEi-
Name of chief executive officer (CEO)
First name
-;;;;.
,.
Fee - $25
3/01
Fee Paid
Check No.
Previous lawfui gambiing exemption number
'trg'OO (3 - ~ I - ()6J-
StatelZip Code County
fYlt1I 55"03 'B CiM
7087
Last name
17-rZ G M
D
Name of treasurer
First name Last name
V/(, '/11 loNe.,
Type of Non rofit Organization
Daytime phone number of CEO
t-~/. ~~9- 7937
Daytime phone number of
treasurer:
Check the box that best describes your organization:
D Fraternal C8l Religious
D Veteran D Other nonprofit organization
Check the box that indicates the type of proof your organization attached to this application:
D IRS letter indicating income tax exempt status
D Certificate of Good Standing from the Minnesota Secretary of State's Office
D A charter showing you are an affiliate of a parent nonprofit organization
D Proof previously submitted and on file with the Gambiing Control Board
Gamblin Premises Information
Name of premises where gambling activity will be conducted (for raffles, list the site where the drawing will take place)
$'AI'1 C' A-s p, 0 V C
Address (do not use PO box)
City
Date( 5) of activity (for raffles, indicate the date of the drawing)
t( Gus r
/"0
zoo Z-
StatelZip Code
County
Check the box or boxes that indicate the type of gambling activity your organization will be conducting:
~ "Bingo I:x( Raffles (cash prizes may not exceed $12,000) rilQ "Paddlewheels ~"Pull-Tabs
'"Equipment for these activities must be obtained from a licensed distributor.
This form will be made available in Your name and and your organization's
alternative format (Le. large print, Braille) name and address will be public information
upon request. The information requested when received by the Board. All the other
on this form (and any attachments) will be infonnation that you provide will be private
used by the Gambling Control Board data about you until the Board issues your
(Board) to determine your qualifications to permit. When the Board issues your
be involved in lawful gambling activities in permit, all of the infonnation that you have
Minnesota. You have the right to refuse to provided to the Board in the process of
supply the information requested; however, applying for your pennit will become public.
if you refuse to supply this information, the If the Board does not issue you a permit,
Board may not be able to determine your all the information you have provided in the
qualifications and, as a consequence, may process of applying for a permit remains
refuse to issue you a permit. If you supply private, with the exception of your name
the information requested, the Board will and your organization's name and address
be able to process your application. which will remain public.
Private data about you are available only to
~':;;":'-"-(-'-;;
Di;( "Tipboards
the following: Board members, staff of the
Board whose work assignment requires
that they have access to the information;
the Minnesota Department of Public Safety;
the Minnesota Attorney General; the
Minnesota Commissioners of
Administration, Finance, and Revenue; the
Minnesota Legislative Auditor, national and
international gambling regulatory agencies;
anyone pursuant to court order; other
individuals and agencies that are
specifically authorized by state or federal
law to have access to the information;
individuals and agencies for which law or
legal order authorizes a new use or sharing
of information after this Notice was given;
and anyone with your consent.
-~
.
'"'
~
Page 2 012
3/01
Organization Name_________________________________________________________
Local Unit of Government Acknowledgment
LG220 - Application for Exempt Permit
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 behaW 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
watting period. waiting period.
o The c~y approves the application with 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 appiication. o The county denies the application.
Print name of city _______~___________~_ Print name of county ______________~___________
(Signature of city personnel receiving application) (Signature of county personnel receiving application)
Tille --------------------------------------
Tille ---------------------------------------~---
Date _____I____L____
Oale_____I______I______ TOWNSHIP: On behalf of the township, I acknowledge that
the organization is applying for exempted gambling activity
"Nithin the township limits. [A township has no statutory
authority to approve or deny an application (Minn. Stat. sec.
349.213, subd. 2).J
Print name of township __________________________
(Signature of township official acknowledging application)
Title____________________
O.le___'-__I____
Chief Executive Officer's Signature at< m;:~tf m: knowledge.
The information provided in this ap'plicati ~s comPlefd acc
Chief executive office~s Signaturel:... ~\'(V't.V\... , "
Name (please print) TI1IJm45 'fJ, W-:J-t;;&IJd j'-1 Date 06 1.zt2./~
Mail Application and Attachments
At least 45 days prior to your scheduied activity date send:
. the completed application, W your application has not
. a copy of your proof of nonproftt status, and been acknowiedged by the
. a $25 application fee (make check payable to "State of Minnesota"). local untt of govemment or
Application fees are not prorated, refundabie, or transferable. has been denied, do not
Send to: Gambling Control Board send the appiication to the
1111 West County Road B, Suite 300 South Gambling Control Board.
Roseville, MN 55113
-.~--~
~
.
~
.-
LG220 - Application for Exempt Permit. Information Sheet
Who may be issued
an exempt permit?
Separate
applications
required
3/01
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 $12,000.)
Complete a separate application for each occasion. An occasion may be e~her:
1. One day of gambling activity.
~your organization wants to conduct gambling actMty on April 5, May 5, and June 5, you
must submft a separate application and fee for each activity date.
-OR-
2. Two or more consecutwe days of gambling activity.
. If your organization wants to conduct gambling on July 3,4, and 5 at the same s~e, 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. ~ drawings are held on more than five days in a calendar year, your organization
must obtain an organization license, a gambling manage~s license, and a premises permit.
How to obtain a copy of proof of nonprofit status
Minnesota Secretary of State
Certificate of Good Standino - Nonprofit Articles
of Incorooration
Attach a copy of your organization's Certificate
of Good Stand ing (317 A) showing incorporation
as a nonprofit organization.
OR
IRS Income Tax Exemption
Under a national oraanization
~your organization falls under a national organization,
attach both of the following;
1. a copy of the IRS letter showing that your national
organization has been a registered nonprofit 501 (c)
organization and carries a group ruling, 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
St. Paul, MN 55155
Phone: 651-2~2803
Not under a national oroanization
If your organization does not fall under a national
organization, attach a copy of the IRS income lax
exemption [501 (c)1 leller in the name of your
organization, showing income tax exempt status.
To obtain a copy of your federal income tax exempt
letter, send yourfederallD number and the date your
organization initially applied for tax exempt status to:
IRS
P.O. Box2508
Room4010
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 of the Gambling Control Board at 651-639-4000. If you use a TTY,
you can call the Board by using the Minnesota Reiay Service at 1-800-627-3529 and ask to
place a call to 651-639-4000. Or, check our Web site at www.gcb.state.mn.us.
"~--"--,....",,,:._,
.
9leewie~: Waived
r;#tam !/9U;;meMta/
~!/~}
~/Y5tent~~,~, mddlemkei, mdi-~ <@)~dfPa/J7~
~nit
...9CJ;;/:J:;;111.~.~.,.:.j...'.......;i.~..........-.. U' / I cJ, EOOE
PURSUANT TO APPLICATION THER!;'f1.6~;~~~i~~:e being waived and upon investigation and satisfactory
evidence of the qualification of the IiQ~psee(s) herein named to receive the same and that the place of sale hereinafter
described is a proper and legal plac~ilherefore:
.,,~,:},,:,
~.910::. EOOE- OE
CITY OF
CENTERVILLE
'.:.~":'
.~i~fLIG:ENSE IS ~~BY GRANTED TO
~i,f.f ....St;.Genevieve
For the term of one (1) daYt';~p Temporarily ~ffe/Bil1go, R~ffle! PMdle..yheel,Pull-Tabs & Tipboard "ON THE
PREMISES" described St. Gene~i~~~ Churcht.!087 Goiffon Road IN THE .CITY OF CENTERVILLE in said County and
States, at which premises saii:i;np~.n~~e(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, raffle, paddlewheel,
pull-tabs & tipboard hereby made a part hereof, and subject to revocation according to law for violation thereof.
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 10th day of July, 2002.
The City Council of the City of Centerville
Attest:
By:
Mayor
City Clerk
-=====-----==-==-----===-====----=====--=-=======--=- ~~--================---- ~
MEMO
Date: July 3, 2002
To: Honorable Mayor & Council
From:
Kim Moore-Sykes, City Administrator \lW,0
Office Computers
Re:
As per Council direction of June 26, 2002, Councilmember Nelson and I worked on
reviewing the two quotes that were received for the proposed purchasing of office
computers. The quotes that were reviewed included one from Rose Valez, North Metro
Communications and one from Scott Johnson, PC Solutions. Councilmember Nelson
offered to call Rose and discuss her bid with her.
Councilmember Nelson called me later and indicated that even though the quote from
Ms. Valez was the lowest, she was not comfortable with some of the proposed equipment
and the possibility of little to no response should the City require it for computer repair or
failure. Councilmember Nelson then advised me that ifl agreed, I should go ahead and
contact Mr. Johnson and indicate to him that his quote was acceptable.
I have contacted Mr. Johnson and he will be able to order the computers and that
installation could begin on Friday, July 5, 2002. Because of the Fourth of July holiday
and Staff on vacation, it was arranged that Staff meet with him on Monday, July 8, 2002
to discuss the layout of the computers and the proposed networking between the
Administrative Staff.
./
CITY OF CENTERVILLE
CITY COUNCIL MEETING
June 17, 2002
8:30 p.m.
The City ofCenterville held an emergency meeting on June 17,2002, at City Hall, 1880 Main
Street.
PRESENT:
Mayor Tim Swedberg .< ~
Counc~ Member Dick Travis . ..... ... ....... ........ ..".< tAi\.'~@~~
Counc~Member~aryCapra _: ~.\ '(';'(()if~tv\@
Council Member LInda Brous~,.. ....,......, ...... .,. rs :'~",,,Q'('< '
h "'0' "" ,
~"<~JL ti ,; ?(" ,; ;',' ,\ ?
Council Member Nelson ,:"
ABSENT:
STAFF:
City Administrator, Ms. Moore-Sykes
I. CALL TO ORDER
Acting Mayor Travis called the June 17, 2002, Emergency City Council meeting to order
at 8:37 p.rn.
II. COUNCIL BUSINESS
1. Computer Issue
Council Member Travis asked what issue was to be discussed.
City Administrator Moore-Sykes asked if Council had received the email from Mayor
Swedberg.
Ms. Moore-Sykes Sykes reminded Council that on Wednesday night at the Council
Meeting two of the interested vendors had provided a presentation to Council and
Council had authorized Staff to spend up to $20,000 to get the needed computer
equipment with input from Council.
Ms. Moore-Sykes indicated she had issues she did not feel comfortable in discussing at
the Council Meeting that night and decided to withhold her comments until she met with
whichever Council Members were interested in providing input into the selection of the
computer equipment. She then said that she felt it was her job as City Administrator to
raise a red flag about a perceived conflict of interest with the City selecting Council
Member Nelson's son. She further indicated that when she contacted Mayor Swedberg
the next day to set up a meeting he was already in a meeting with computer professionals.
Page 1 of 11
...
Council Member Broussard Vickers said he decided what to buy and told Staff without
allowing any Staff input.
Ms. Moore-Sykes indicated this meeting was called to determine how to proceed because
the action was not authorized in the motion mRk-ing it illegal unless the motion made is
rescinded and Council makes a new motion.
Council Member Broussard Vickers said she thinks Council should stay with what was
decided as she feels Staff should have the largest input into which vendor they are the
most confident in and comfortable with. She then said that Mayor Swedberg had some
equipment type suggestions and suggested the Mayor work with Staff to provide an
equipment list for an apples to apples comparison.
Council Member Capra indicated she had contacted City Attorney Hoeft to discuss the
potential conflict and was told that he did not feel it was an issue because Council
Member Nelson removed herself from the discussion and was not part of the voting
process. She then indicated she was concerned with legal ramifications if the contract
was given to RIG and then taken away and City Attorney Hoeft had advised her that he
recommended that a letter be sent to RK7 rescinding the contract due to changes in
equipment needs of the City. He also recommended to be fair that the City should allow
those interested vendors to provide new quotes based on the equipment list provided by
the City.
Council Member Capra indicated that City Attorney Hoeft had said that, if RK7 had
purchased any equipment, the City would be responsible for those costs.
Council Member Broussard Vickers asked if Mayor Swedberg had placed the order after
sending his email.
Mayor Swedberg said he spoke to him on the phone and said yes they talked about
ordering it.
Council Member Broussard Vickers asked if the Mayor then called back and said not to
order it.
Mayor Swedberg said based on a call he received from Council Member Broussard
Vickers he had called and said not to order it.
Council Member Capra indicated City Attorney Hoeft had advised to address this as
quotes and not bids. She then said she would like to send the letter to RK7 as
recommended by legal counsel. She further said she would like to consider using the
state purchasing process in order to avoid any issues.
Council Member Broussard Vickers indicated the quotes that the City had all involved a
server and now Mayor Swedberg reels like a server is not the right thing.
Page 2 ofll
.'
Mayor Swedberg said he had talked about going to a SCSI server which is just a different
way for the machines to talk back and forth but it is more expensive than the previously
discussed server. He then said he would be fine with going back to the originally
proposed server but wanted to add a CD burner in all the machines so that data could be
moved to various machines. He also indicated he would like to purchase more memory
for each of the machines.
Ms. Moore-Sykes indicated RK7 had proposed a DVD writer and she has since learned
that the DVD writer is not up to speed and she was unsure if Mayor Swedberg meant a
CD burner or DVD burner.
Mayor Swedberg said he would like a DVD on the server and a CD burner at the work
stations.
Mayor Swedberg asked what the key issues were.
Council Member Broussard Vickers said she feels the first step would be to reach an
agreement on the equipment to be purchased. She then said that once the equipment list
is agreed to by the Mayor and City Administrator she would like to solicit apples to
apples comparisons from the interested parties.
Council Member Broussard Vickers indicated the third issue would be Staff's comfort
level with the vendor to be selected for the purchasing of the equipment and ongoing
relationship for installation and service.
Council Member Broussard Vickers commented that she was not comfortable with some
of the lingo or wording used by RK7 and did not feel it was a good way to conduct
business. She then said that everything needs to be spelled out and Staff needs to have
confidence in the vendor they choose to work with.
Ms. Moore-Sykes indicated she was concerned and wanted to raise a flag about a
perceived conflict of interest with the real reason she did not bring it up at the meeting
being because no one has filed for re-election and she did not want to go on record
suggesting this may be an issue. She then said that with Council Member Nelson
recusing herself this evening she is more comfortable with the possible selection ofRK7.
Council Member Broussard Vickers commented that this is not a one time decision and
could lead to future decisions.
Council Member Capra cautioned that the City was treading into a sticky area and could
get into trouble for discriminating against him because he is a Council Member's son.
Council Member Broussard Vickers said she wanted to look at the competence level of
all providers. She then said that she would like to have the quotes include the price of the
equipment and what types of services are included including a warranty, if any. She
further said that she would look to the Staff for who they felt the most comfortable with.
Page 3 ofll
'.
Ms. Moore-Sykes indicated that when Logis did a quote for the City it was not a
competing quote and noted the Logis price would include an annual dues. payment of
$6,000 or $7,000. She then clarified that Logis took its price estimates from the state
bidding process.
Council Member Travis said he wanted to make sure that there is an apples to apples
comparison to avoid any issues.
Council Member Capra commented that the quote from Nano Systems was just
equipment and should not be included in the comparison She then said she was upset on
Friday with how Staff handled this. She then said it was suggested that the lowest bidder
was Nano Systems when it was not. She further stated that she wanted to make sure there
was an apples to apples comparison
Council Member Broussard Vickers indicated she would like equipment, software,
server, service and/or labor spelled out.
Council Member Capra said she would like to add that she thinks there were things left
out of the computer proposal that are relevant and the biggest thing is the Sensus if the
City is to get that up and running there is a need to know what computer equipment is
needed to run it.
Council Member Capra said there may be a need for a separate computer for the Sensus
program. She then said that Council approved up to $5,000 for computers for the City
Administrator and Finance Directors and she would like to get those.
Council Member Broussard Vickers indicated that $20,000 was approved and she feels
that after resolving the miscommunication issues Staff should be able to proceed and
have the orders placed by the end of the week.
Ms. Moore-Sykes indicated that the quote from Nano Systems was obtained when Staff
was operating under the direction to purchase computers for the City Administrator and
Finance Director.
Council Member Capra indicated she would like to investigate what would be needed and
the costs involved to implement the Laser Fische as proposed by the Communications
Task Force. She then said she fuels the website progress is moving at a snail's pace and
recommended Staff contact Rose from North Metro Cable for assistance with the
website. She further commented that Rose may be able to help the City with its websiteafor free or very little cost.
Ms. Moore-Sykes indicated that Kim has been putting in three mornings a week and will
have an update at the next Council meeting. She then said she looked at it today and it
looks good and said Kim has put in a lot of work.
Page 4 of II
.
Council Member Capra commented that Rose could work on it online rather than having
to come to City Hall. She then said the Cable Commission had authorized training for
Rose as her assistance could be an asset to the communities within the franchise.
Council Member Capra said she feels that if this will take much longer she feels Staff
should purchase the two computers and not delay.
Council Member Broussard Vickers said she felt Council should be able to settle it
tonight.
Mayor Swedberg summarized that there is a question of the confidence level of vendors,
the equipment to be purchased, concern with the relationship with RK7, and a need for
written certainty and clear contract terms.
Council Member Broussard Vickers clarified that RK7 had used wording like "I'll throw
that in" when discussing his proposal and that concerns her.
Ms. Moore-Sykes indicated she would like to suggest that each vendor include two or
three references of places where they have worked so Staff can verilY a track record on
warranty service.
Council Member Broussard Vickers agreed that references would help because no one
really knows any of these vendors.
Ms. Moore-Sykes indicated she had never heard of any of the vendors before working
here.
Mayor Swedberg confirmed that Staff is more comfortable with the perceived corrflict of
interest because Council Member Nelson recused herself. He then said that there is
concern with providing the proper equipment to run the Sensus program.
Council Member Travis said to avoid corrflict the City will have to go with an apples to
apples comparison
Mayor Swedberg asked if there were concerns with him as he went through the process.
Ms. Moore-Sykes indicated that the action taken did not reflect what was approved by
motion.
Mayor Swedberg said the motion provided in the minutes was not the motion made at the
meeting. He then said he 'Would be the first person to admit if he had done something
wrong. He then said he had drafted a chronology of events and a transcript of the
conversations and the motion made during the meeting.
Mayor Swedberg indicated he had received a call at 2:00 p.m. on Thursday and then read
a chronology of events he had prepared.
Page 5 of 11
l_ _ _ _ _
<.
Thursday. June 13. 2002
Ms. Moore-Sykes called me after 2:00 p.m. at work and asked if I was working on the
computer issues. I said yes; the folks were looking at it right now. She explained she
was going to a meeting at 3:00 p.m. or shortly thereafter and she wanted an answer prior
to that meeting. I said I would try to get back with her before that time and I did right
before 3:00 p.m.
I said based on the conversations I had with the computer fulks at my office, any of the
systems would work, but it was a matter of how elabomte you wanted to get. I informed
her that RK7 then would be the low bid.
At that time she stated she had conflict of interest concerns about the RK7 proposal. I
stated that after last night's Council Meeting, I specifically asked Mr. Hoeft, City
Attorney, if there were any conflict of interest problems. He assured me that there were
none in his opinion. I told Ms. Moore-Sykes that I therefore had no problem with the
lowest bid and that we would disagree on this one.
That evening after work I went right to the Police Commission Meeting at Centerville
City HalL The meeting lasted until close to midnight.
Mayor Swedberg indicated he had sent an email message out on Friday and had received
a telephone message from Council Member Broussard Vickers. He then read a
chronology of events of that day.
At 1 :30 p.m. that expressed concerns based on his email message. She asked for a
meeting to discuss this issue and not ward the contract for the computer systems. I
returned her call and left a voice mail message.
I also received a voice mail messagefromtheCityAdministratoratl:38p.m.Ms.
Moore-Sykes said that she was raising a red flag and had serious reservations about
awarding the contract to RK7. I believe I again explained about the City Attorney's
opinion. We agreed a meeting would be held in conjunction with the scheduled joint
meeting with Lillo Lakes Council and she would arrange fur the notice and notification of
Council Members to address their concerns.
I could not get in touch with Council Member Broussard Vickers, but left a second voice
mail message stating that a meeting was going to be held on Monday night and she could
reach me at home if she needed to talk about the issue. As of Sunday afternoon, I have
not been contacted by Council Member Broussard Vickers.
Mayor Swedberg read a transcript of Council discussion concerning the computer issue
he had transcribed from the videotape of the June 12, 2002 Council Meeting:
Page 60fll
I
Mayor Swedberg: These have been very helpful to me, it's kind of numbing. It's a very,
very technical sort of thing. Does the Council want to do something tonight or what is
Council's pleasure on this?
Council Member Broussard Vickers: I think between what Staff thinks and whatever
Council, you have, where you want to have son:ie input into it, I think it just needs to get
done and it needs to get done right away and I think we have already provided for as
much as possible in the budget and I think we just need to pick it and buy it and fix it.
Mayor Swedberg: So we're talking..., the systems are not identical, the stuff is not
identical, so we are not comparing apples to apples, so we.'ve got say $6801...and we
have that's not correct.
Council Member Broussard Vickers: Well, we basically had talked about up to $25,000,
hadn't we at some point in time those were some numbers that we had talked about
possibly needing to do...That's kind of where we started isn't it. Give or take.
City Administrator Moore-Sykes: Give or take. But, also, that includes some wish list
stuff, like hooking up the public works to City Hall so we could better back and forth
communications.
Council Member Broussard Vickers: This won't do that?
City Administrator Moore-Sykes: No, these won't do that and....
Council Member Broussard Vickers: And would they be capable of doing it in the
future?
City Administrator Moore-Sykes: I believe so.
City Administrator Moore-Sykes: If we were at some point wanting to hook up with
public works and we could do that with a Broadband connection.
(Note: The gentleman from PC Connections Inc. commented from the back of the
room. . .sure there are a couple of ways to do it... the server can be used offsite through
broadband).
Council Member Broussard Vickers: I guess what I would like to see happen is...ya
know.. Tim if you want to, and Kim, sit down do your picking and make your decisions
and get it, I mean I, we know that there's money in the budget. WE talked about at least
starting with $10,000 from the office equipment or supplies and buy it and get it rolling.
We are....we are....
Council Member Capra: I believe it would be anywhere between $12,000 to $15,000.
Page 7 of11
,
L___________
COlmcil Member Broussard Vickers: Well, and ya know what, up to $20,000 to me, we
know we need something, we don't need to start out with a system that's going to already
be behind when we can get it. To have a bit more when we buy it to start with, to me,
would be a better idea then making it barely able to do what we needed to do today.
Because it won't be long and it won't be enough right away so 1'd rather see a little more
spit for a little more size. I don't know anything about computers and systems but 1'd
rather see a little bit more than less than what we need and if it takes $20,000, to get it
done in whatever configuring you want to come up to and have at it. I guess.
So, I make a motion to authorize UP to $20,000 to purchase the necessary computer
eauipment and whatever manner staff and the council members that are interested
in partiCipatine: that would see fit.
Mayor Swedberg: Is there a second?
Council Member Travis: I second it.
Mayor Swedberg: Any discussion? I think this is a wise thing just to authorize it and
flesh how we go about this. Mr. Hoeft do you have any comment?
City Attorney, Mr. Hoeft: No, that's fine.
Mayor Swedberg: Any other thoughts? All those in favor say aye.
Motion is carried.
Mayor Swedberg: I thank everybody for their attention tonight.....
Mayor Swedberg said he spent .lather's day weekend working on computer issues and he
feels it is clear that he fullowed the process that exists and he feels that there is a conflict
of interest based on Ms. Moore-Sykes lack of performance and control over who called.
She never had to take Jason Nelson's Illl1lJe. He further said that all along the way Ms.
Moore-Sykes had control of the process and what he does not like is the bid was
submitted on the 28th or 29th of the month and she never even had to take the card if she
thought there was a conflict of interest. He said why not raise the flags then instead of
after getting this fur into the process.
Council Member Broussard Vickers said it is not up to her (Ms. Moore-Sykes) to deny
the quote. She then said it would have been inappropriate for her to do so.
Council Member Capra indicated she had suggested that Jason come and assist Ms.
Moore-Sykes with the virus issue on her computer and she did express at that time
concern with a conflict of interest. Council Member Capra then said that she knew
Council Member Nelson well enough to know she would step aside from decisions. She
then said she believes Council is getting deeper into this and she does not want to
discriminate against a vendor because he is a Council Member's son.
Page 8 of 11
Council Member Broussard Vickers explained her thought process when making the
motion was that Staff would make the decision with input from Council and she feels that
the Mayor made the decision with no input from Staff.
Council Member Broussard Vickers indicated she was not questioning the Mayor's
computer knowledge but questions why he did not arrange a meeting with Staff to go
over what his thoughts were and reach an agreement with Staff to proceed. She then said
she felt like the Mayor stepped in and made decisions without input.
Mayor Swedberg said where we had communication problems is you assumed that but
the record clearly states that he followed the process.
Council Member Broussard Vickers said you did not meet with Staff.
Mayor Swedberg said he called her.
Ms. Moore-Sykes said she asked if they were going to work on it and the Mayor said he
was already working on it and had fulks in the office now. She then said she asked when
they were going to work on it.
Mayor Swedberg said he has a different recollection of the conversation.
Council Member Broussard Vickers commented there never was a meeting.
Mayor Swedberg said there was a phone meeting and the only issue was the conflict.
Council Member Broussard Vickers said it was a non-issue to you.
Mayor Swedberg said he would not do anything of impropriety and the attorney said....
Council Member Broussard Vickers said there should have been a meeting to discuss the
changes and gain Staff input before proceeding.
Council Member Broussard Vickers said that she feels this is Staff's venue with Council
input and she now feels like everyone is better on the same page. She then said that if the
Mayor and Staff agree on the list of equipment she would like quotes and information on
references and warranty/service information. She further stated that she felt
uncomfortable with the fact that the decision seemed unilateral and there was not
consensus as to the issue.
Mayor Swedberg said he wanted to guarantee that he was not trying to circumvent any
process. He then said that is what he was trying to follow to the letter. He then said he
would say if Staff ever has a concern about anything stop it early in the process not after
the process is complete.
Page 9 of 11
I -
Council Member Broussard Vickers said a conflict is not for Staff to make the
determination to rule out a party who wanted to give a quote it would not be appropriate.
She then said that he is entitled to give a quote and because of who he is he knows there
is availability.
Council Member Capra commented that there have been greater conflicts of interest on
this Council in the past.
Council Member Broussard Vickers said she feels like the motion made is an adequate
one.
Council Member Capra said the issue lies with those that want to make the decision and
she would like to see the two of them work together and work it out.
Council Member Travis asked for an apples to apples quote so that no one can say there
is a conflict of interest.
Mayor Swedberg suggested doing a request for proposals.
Ms. Moore-Sykes said that would take a lot longer.
Council Member Capra said her point was to go to the other extreme so that there would
not be any other questions.
Ms. Moore-Sykes indicated she was fine with the equipment proposed by the Mayor and
said she would like to see bids that spell out the equipment to be provided as well as
warranty and service information. She also indicated she would like letters of
recommendation so the City is covered.
Council Member Travis said he does not care if Jason writes the specs but there needs to
be an apples to apples comparison done.
Mayor Swedberg said he would rather have a money person handle this as he does not
want to be part of the process. He then said that he could recommend what to get and
then get out of it and let the Chief Financial Officer submit what needs to go to the paper
for bids.
Council Member Capra reminded Council that Mr. Hoeft had said to stay away from bids
and use quotes.
Council Member Broussard Vickers said she does not think more than three or four were
needed.
Council Member Travis asked to keep the ones the City already has as a courtesy.
PagelOofll
Council Member Broussard Vickers said that once Staff has the equipment list she would
want Staff to make the decision and have Ellen review it and as long as they stay within
the budget there should not be an issue. She then said that all the information should be
documented so that if there are questions the City can explain the process that it went
through.
Council Member Capra said she did not want the Nano Systems bid included because
they would not service it.
Council Member Broussard Vickers said she did not want Staff to spend any more time
soliciting quotes. She then said that a list of what the City wants should be given to those
vendors that previously provided information and ask them to provide a new quote and, if
they cannot provide some of the items, that would be part of the decision process.
Council Member Capra suggested that Staff contact Lino Lakes to discuss the computer
needs for the Sensus software.
ill. ADJOURNMENT
Motion by Council Member Capra. seconded bv Council Member Travis to adjonrn
the June 17. 2002 EmeJ'l!encv City Council Meetin2 at 9:25 p.m. All in favor.
Motion carried unanimouslv.
Transcribed by:
Joan Lenzmeier, Recording Secretary
TimeSaver Of/Site Secretarial, Inc.
,
,
I
L_________ __
Page II of 11
MEMO
DATE:
July 2, 2002
TO:
Honorable Mayor and Council Members
FROM:
Mary Capra
RE:
Executive Session - Discussion of Employee Performance
1. Teresa Bender
2. Kim Moore-Sykes
............................................................................
I have requested this topic be placed on the agenda as a follow up regarding the employee
performance of the above named employees with the City ofCenterville. In that this
matter is regarding employee performance this discussion needs to be done in an
executive session unless the above named employees requests it to be in open session.
tervi[[e
'Esf:a6{i5fted 1857
1880 Main Street _ Centervi1le, 'M'J{ 55038
(651) 429-3232 -:Fa;c (651) 429-8629
June 28, 2002
Mr. Dean Keller
Spring Lake Park Lions Club
8433 Center Drive
Spring Lake Park, MN 55432
Dear Mr. Keller:
Enclosed, please find an updated copy of the Monthly Gambling Summary form that the
City ofCenterville is now requiring your organization to complete.
As stated in the City's Charitable Gambling Ordinance, these summary reports will
continue to be required to be submitted on a monthly basis.
If you have any additional questions, please call and speak with either the City Clerk or
the Finance Director.
~~-
" . (Kim Moore-Sykes
City Administrator
Enclosures
KMS/tdb
tervi[[e
'Esta6{islid 1857
~.
1880 'Main Street . Centem[[e, :M!J{ 55038 -
(651) 429-3232 . 'Fa:{ (651) 429-8629
June 28, 2002
Mr. Mark S. Larson
Dead Broke Saddle Club
P.O. Box 441
Hugo, NlN 55038
Dear Mr. Larson:
Enclosed, please find an updated copy of the Monthly Gambling Snmmllry form that the
City of Centerville is now requiring your organization to complete.
As stated in the City's Charitable Gambling Ordinance, these summary reports will
continue to be required to be submitted on a monthly basis.
If you have any additional questions, please call and speak with either the City Clerk or
the Finance Director.
Sincerely, ~
.~ ~
~re-SYkeS I
City Administrator
Enclosures
KMS/tdb
'Estafiis!ieJ 18-'7
CITY OF CENTERVILLE
Monthly Gambling Summary
Organization Name:
Gambling Location:
MonthlY ear:
Name of Individual Completing Form:
Ten Percent Net Profit Calculation
A. Net Receipts - T otallines 2c, 3c, 8c, 9c
(per Schedule A if more than one (1 ) site)
B. Sums of lines 22 thru 33
(per Schedule A ifmore than one (1) site)
C. Line a -line b
Miscellaneous Deductions (for this site only)
1. Pulltab tax to distnbutor
2. Combined receipts tax for this site
3. Federal Taxes (per schedule C/O)
4. State Gambling Tax (per line 11)
D. Total Miscellaneous Deductions fur this site
E. Line c - line d
F.
AMOUNT DUE
Line e X 50%
Signature:
ervi[[e
1880 'Main Street . CentervilJe, 'M3{ 55038
(651) 429-3232 .:Fax.. (651) 429-8629
June 28, 2002
Mr. Paul Montain
The Trio Inn
7082 Centerville Road
Centerville, MN 55038
Dear Mr. Montain:
Enclosed, please find the latest draft of the City's proposed liquor ordinance. The City
Council is interested in your comments and is therefore asking you to review these
documents and submit any questions or comments that you may have in regards to same.
Also included for your information, please find the written comments from the Chief of
Police and the Mayor.
The tentative schedule is to receive your comments as soon as is possible so that we may
hold two (2) public input meetings and culminate this process with a public hearing on
the proposed ordinance.
If you have additional questions or comments, please feel free to call me at (651) 429-
3232.
Sincerely,
~~~
City Administrator
Enclosures
KMS/tdb
,
tervi[[e
'Esta6{isfiet{ 1857
.
1880 :Main Street _ Centerviffe,:M9{ 55038
(651) 429-3232 -:Fa:( (651) 429-8629
June 28, 2002
Mr. Ken Vanderbeek
Wiseguys Pizza
7095 - 20th Avenue S.
Centerville, MN 55038
Dear Mr. Vanderbeek:
Enclosed, please find the latest draft of the City's proposed liquor ordinance. The City
Council is interested in your comments and is therefore asking you to review these
documents and submit any questions or comments that you may have in regards to same.
Also included for your information, please find the written comments from the Chief of
Police and the Mayor.
The tentative schedule is to receive your comments as soon as is possible so that we may
hold two (2) public input meetings and culminate this process with a public hearing on
the proposed ordinance.
If you have additional questions or comments, please feel free to call me at (651) 429-
3232.
Sincerely,
~.~
(e' ~:-SYkes
City Administrator
Enclosures
KMS/tdb
tervi{{e
'Est:aJj[isfid 1857
1880 Main Street . Centervi[[e, M9{ 55038
(651) 429.3232 . 'T~(651} 429.8629
June 28, 2002
Mr. Terry Sager
Sager's Liquor
7093 - 20th Avenue South
Centerville, MN 55038
Dear Mr. Sager:
Enclosed, please find the latest draft of the City's proposed liquor ordinance. The City
Council is interested in your comments and is therefore asking you to review these
documents and submit any questions or comments that you may have in regards to same.
Also included for your information, please find the written comments from the Chief of
Police and the Mayor.
The tentative schedule is to receive your comments as soon as is possible so that we may
hold two (2) public input meetings and culminate this process with a public hearing on
the proposed ordinance.
If you have additional questions or comments, please feel free to call me at (651) 429-
3232.
Sincerely,
.~ #{.#li
~ (~~re-SYkes
City Administrator
Enclosures
KMS/tdb
ervi[[e
.
1880 :Main Street . Centerviffe, 9vfJ{ 55038
(651) 429.3232 . 'T"'t (651) 429.8629
June 28, 2002
Mr. Bill Bisek
Kelly's Komer
7098 Centerville Road
Centerville, MN 55038
Dear Mr. Bisek:
Enclosed, please find the latest draft of the City's proposed liquor ordinance. The City
Council is interested in your comments and is therefore asking you to review these
documents and submit any questions or comments that you may have in regards to same.
Also included for your infonnation, please find the written comments from the Chief of
Police and the Mayor.
The tentative schedule is to receive your comments as soon as is possible so that we may
hold two (2) public input meetings and culminate this process with a public hearing on
the proposed ordinance.
If you have additional questions or comments, please feel free to call me at (651) 429-
3232.
Sincerely,
~ );ztrtrze-
( ~~ore-SYkes
City Administrator
Enclosures
KMS/tdb
tervi{{e
'Esta6{isfted 1357
1880 Main Street . Centervilfe, 'Jv&{ 55038
. (651) 429-3232 .:J@;. (651) 429-8629
June 28, 2002
Mr. Rich DeFoe
Waterworks Beach Club
7281 Main Street
Centerville, MN 55038
Dear Mr. DeFoe:
Enclosed, please find the latest draft of the City's proposed liquor ordinance. The City
Council is interested in your comments and is therefore asking you to review these
documents and submit any questions or comments that you may have in regards to same.
Also included for your infurmation, please find the written comments from the Chief of
Police and the Mayor.
The tentative schedule is to receive your comments as soon as is possible so that we may
hold two (2) public input meetings and culminate this process with a public hearing on
the proposed ordinance.
If you have additional questions or comments, please feel free to call me at (651) 429-
3232.
SinCerelY,)
~17urm-
Kirii Moore-Sykes
City Administrator
7
Enclosures
KMS/tdb
L__ __ _
1_ n - -- -- - - - -- _ - - n -- n -
-'I~' /~n, ""
1:\!J\;;l:r\Q
,}< · '3;l~il :/_ ~ J
TO: Honorable Mayor and Council Members
FROM: Teresa Bender~e. .
SUBJECT: Use ofCreditlDebit Cards, ACB Electronic Funds Transfers for Payment
DATE: July 3, 2002
As directed, I spoke with Ms. Peggy Link, City of Circle Pines in regards to the use of
CreditlDebit Cards, ACH Electronic Funds Transfers for payments of their utilities and
services. Ms. Link stated that the City of Circle Pines provides gas, sewer, water and
garbage services for 1,500 Circle Pines residents and 2,700 Lino Lakes residents. Ms.
Link stated that they use a "Virtual Terminal" rather than swiping credit cards through a
machine. I questioned the usage of credit cards for their utilities and the quantity that
they have per month. Ms. Link stated that approximately 20 transactions for utilities and
10 transactions for other licensing occur per month. Ms. Link stated that approximately
185 customers use ACH as a form of payment. Ms. Link stated that ACB is more
expensive and a more lengthy process to set-up. Ms. Link stated that at first they had
several problems with both programs but feels they are running fairly well and secure.
Ms. Link added that residents appreciate the offering of the services and the City feels
that the fees associated with credit/debit cards and ACH transfers are a cost of doing
business.
Ms. Link provided me with the name of the individual who assisted the City with the
installation of the Virtual Terminal and the use of the Internet to transact payments via
credit/debit card.
I contacted Mr. Peter Meulepas of Bank Card Midwest, who gave me a brief overview of
the services and explained the fees associated with same. Mr. Meulepas stated that there
would be a one time set-up charge of$395, $10 monthly statement fee and a $10 monthly
gateway charge along with the credit card of choice fees which are a percentage of the
purchase and a flat per transaction fee.
To:
Date:
From:
RE:
Mayor and City Councilmembers
July 10,2002
Kim Moore-Sykes, City Administrator /?1iV!0
Centennial Police Department
On Wednesday, June 3, 2002 I met with the City Administrators from Lexington and
Circle Pines regarding the issues surrounding the proposed construction of a new police
station in Circle Pines. This meeting was in response to a Police Commissioner's request
that the three of us meet to discuss and research options, alternatives and challenges to
this proposed project.
The issue of merging with Lino Lakes did arise and it was proposed that we again try to
coordinate a meeting between the four cities and include the respective mayors as part of
the discussion. I will be calling Linda Waite Smith to determine if there is interest from
Lino Lakes to proceed with the scheduling of this meeting.
1 will keep the Council updated on this situation. Mike Delmont of Lexington took
minutes and I will forward a copy to the Council once I have received them from Mr.
Delmont.
.
IBl..ClA c\- The TOOMES 2002 Proaram Evaluation Form
NAME OF SCHOOL CppIfJrJlle
GRADE LEVEL ~~
DATE A'b~ g.~/L..-
{
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We hope you and your students enjoyed the presentation with Tricia & The Toonies. Please
take a minute to answer the following questions and offer your comments and suggestions.
We find that teachers' feedback is very important and very helpfull
How would you rate the educational value of this program? (circle one)
1
poor
2
3 4
satisfactory
5
W
excellent
How would you rate the entertainment value of this program (were the students attentive)?
1 2 3 4 5 cJ)
How would you rate the professionalism of this program?
1
2
3
4
5 GJ
YES ~ NO
Did this presentation stimulate a classroom discussion?
Do you think that conveying an educational message through this type pf presentation increases the
student's capacity for retaining these environmental messages? YES..2s;::::' NO
Would you like to see Tricia & The Toonies retum to your school? YES A- NO
If "yes". would you like to see another environmental presentation? YES Y NO
COMMENTS: 1he tll1/(.f-y of 1hp r't~(mlAn~e. Votx ClUkb,rrt/J(t -r,.;-
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Try this FOLLOW-UP PROJECTII Ask your students to write and/or draw their thoughts about the
environmental presentation (what they liked, what they leamed, what project(s) they've done and
what they may do next). Then e-mail (or snail-mail) them to Skip, Skurry or Tricia! Keep them
updated on the progress of students' projects. Do a class project and let Skip & Skurry know about
it. Write to Skip & Skurry for class project ideas! Have a class discussion too!
Skip@TheToonies.com or Skurrv@TheToonies.com or Tricia@TheToonies.com
PLEASE RETURN THIS FORM TO YOUR PRINCIPAL BY THE END OF THE DAY.
...and THANKS for being PLANET PARTNERS!
Tricia Haynes uTheToonies **PObox3936 ** MPls..MN553'f3 U 952.933.3lf38
WWW.TheToonies.Com
\
IBl..ClA 4-'"[he TOOt:{lES 2002 Program Evaluation Form
NAME OF SCHOOL
GRADE LEVEL
DATE
een+eYVi ~J?I eme n+~ry '5eV1o()1
-\~
5-;J..3-oJ.-.
We hope you and your students enjoyed the presentation with Tricia & The Toonies. Please
take a minute to answer the following questions and offer your comments and suggestions.
We find that teachers' feedback is very important and very helpfuJl
How would you rate the educational value of this program? (circle one)
1
poor
2
3 4
satisfactory
5
o
excellent
How would you rate the entertainment value of this program (were the students attentive)?
1
2
3
4
5
@
How would you rate the professionalism of this program?
Did this presentation stimulate a classroom discussion?
YES
o
NO ,../
1
2
3
4
5
Do you think that conveying an educational message through this type pf presE3f1tation increases the
students capacity for retaining these environmental messages? YES ~ NO _
Would you like to see Tricia & The Toonies retum to your school? YES v" NO
If "yes". would you like to see another environmental presentation? YES ../ NO
COMMENTS:
Try this FOLLOW-UP PROJECTlI Ask your students to write and/or draw their thoughts about the
environmental presentation (what they liked, what they leamed, what project(s) they've done and
what they may do next). Then e-mail (or snail-mail) them to Skip, Skurry or Tricial Keep them
updated on the progress of students' projects. Do a class project and let Skip & Skurry know about
it. Write to Skip & Skurry for class project ideas! Have a class discussion tool
Skip(Q>.TheToonies.com or Skurry(Q>.TheToonies.com or Tricia(Q>.TheToonies.com
PLEASE RETURN THIS FORM TO YOUR PRINCIPAL BY THE END OF THE DAY.
...and THANKS for being PLANET PARTNERS!
Tricia Haynes "" The Toonies - 'PO box 3936 - Mpls.,MN 553lf3 - 952.93.3..3lf38
WWW.TheToonies.com
L-
-
J:JllClA 0/ The TOONIES 2002 Program Evaluation Form
NAME OF SCHOOL
GRADE LEVEL
DATE
(I en-teXII i II e.,
z..
5- :2.3-n,--
We hope you and your students enjoyed the presentation with Tricia & The Toonies. Please
take a minute to answer the following questions and offer your comments and suggestions.
We find that teachers' feedback is very important and very helpfull
How would you rate the educational value of this program? (circle one)
1
poor
2
3 4
satisfactory
5
excel~
How would you rate the entertainment value of this program (were the students attentive)?
1 2 3 4 5 0-
How would you rate the professionalism of this program?
1
2
3
4
5
(0
Did this presentation stimulate a classroom discussion?
YES..iL NO
Do you think that conveying an educational message through this type pf presentation increases the
student's capacity for retaining these environmental messages? YES L NO
Would you like to see Tricia & The Toonies return to your school? YES..L NO
If "yes". would you like to see another environmental presentation?
~ q,nb '
oW
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YES NO
I1vi IVY1 ) LoJc (' ~
COMMENTS:
2()
Try this FOLLOW-UP PROJECTII Ask your students to write and/or draw their thoughts about the
environmental presentation (what they liked, what they learned, what project(s) they've done and
what they may do next). Then e-mail (or snail-mail) them to Skip, Skurry or Tricial Keep them
updated on the progress of students' projects. Do a class project and let Skip & Skurry know about
it. Write to Skip & Skurry for class project ideas! Have a class discussion too!
Skio@.TheToonies.com or Skurry@'TheToonies.com or Tricia@.TheToonies.com
PLEASE RETURN THIS FORM TO YOUR PRINCIPAL BY THE END OF THE DAY.
...and THANKS for being PLANET PARTNERS!
,-ricia Haynes ""The Toonies -PO box 3936 - MpIS..MN553'f3 "" 952.933..3'138
WWW.The.Toonies.com
L
I&I.CJA 0/ The TOONIES 2002 Proaram Evaluation Form
NAME OF SCHOOL r h~ ,(,If" 11l'".J
GRADE LEVEL ?- v\
DATE ,.:; ''Z,3 -7)2-
We hope you and your students enjoyed the presentation with Tricia & The Toonies. Please
take a minute to answer the following questions and offer your comments and suggestions.
We find that teachers' feedback is very important and very helpfull
How would you rate the educational value of this program? (circle one)
po~r 2 3 satisfactory 4 5 ~n~ J
How would you rate the entertainment value of this program (were the students attentive)?
8
G)
1
2
3
4
5
How would you rate the professionalism of this program?
1
2
3
4
5
Did this presentation stimulate a classroom discussion?
YES
NO
Do you think that conveying an educational message through this type pf ~E?entation increases the
student's capacity for retaining these environmental messages? YES -F NO
Would you like to see Tricia & The Toonies retum to your school? YES ~ NO
If 'yes", would you like to see another environmental presentation? YES _ NO ~
,-I, , t, L\ J l... -L '7
COMMENTS: IN f\i}.T $Jt:~i n.ij ;);c~/l t ...1",-..,.. I{) r.::re ~~X- ,
\.i I
Try this FOLLOW-UP PROJECT!! Ask your students to write and/or draw their thoughts about the
environmental presentation (what they liked, what they learned, what project(s) they've done and
what they may do next), Then e-mail (or snail-mail) them to Skip, Skurry or Tricia! Keep them
updated on the progress of students' projects. Do a class project and let Skip & Skurry know about
it. Write to Skip & Skurry for class project ideas! Have a class discussion too!
Skio(1IlTheToonies,com or Skurrv(1IlTheToonies.com or Tricia(1IlTheToonies.com
PLEASE RETURN THIS FORM TO YOUR PRINCIPAL BY THE END OF THE DAY.
...and THANKS for being PLANET PARTNERSI
Tricia Haynes ""The Toonies "*PObOX3936 "" MPls.,MN553q.3 "" 952.933.3lf38
UJUJUJ.The'foonies.Com
~
IRI.CJA 0/ The TOONIES 2002 Program Evaluation Form
NAME OF SCHOOL
GRADE LEVEL
DATE
~trv; lie
We hope you and your students enjoyed the presentation with Tricia & The Toonies. Please
take a minute to answer the following questions and offer your comments and suggestions.
We find that teachers' feedback is very important and very helpfull
How would you rate the educational value of this program? (circle one)
1
poor
2
3 4
satisfactory
5
a
excellent
How would you rate the entertainment value of this program (were the students attentive)?
1 2 3 4 5 Q
How would you rate the professionalism of this program?
1
2
3
4
5 CJ
YES X NO
Did this presentation stimulate a classroom discussion?
Do you think that conveying an educational message through this type pf p~entation increases the
student's capacity for retaining these environmental messages? YES NO
Would you like to see Tricia & The Toonies return to your school? YES X NO
If "yes". would you like to see another environmental presentation? YES 4- NO
CO..ENTS, ~~~ i~WI ~- ~is I
--p~rd1 ~ ,D'f' lJ bay.
~' )
-
(1, ,~/t
Try this FOllOW-UP PROJECTII Ask your students to write and/or draw their thoughts about the
environmental presentation (what they liked. what they leamed, what project(s) they've done and
what they may do next). Then e-mail (or snail-mail) them to Skip, Skurry or Tricia! Keep them
updated on the progress of students' projects. Do a class project and let Skip & Skurry know about
it. Write to Skip & Skurry for class project ideas! Have a class discussion tool
Skip@TheToonies.com or Skurrv@TheToonies.com or Tricia@TheToonies.com
PLEASE RETURN THIS FORM TO YOUR PRINCIPAL BY THE END OF THE DAY.
...and THANKS for being PLANET PARTNERS!
j'ticia Haynes ** The Toonjes ** PO box 3936 ** MPIS.,MN 553'13 ** 952.933..3lf3B
WWW.TheToonies.com
.
IRlClA 0/ The TOONIES 2002 Program Evaluation Form
NAME OF SCHOOL
GRADE LEVEL
DATE
r~p ntpNl LIe E\f'ffi.
\
5-2.3
We hope you and your students enjoyed the presentation with Tricia & The Toonies. Please
take a minute to answer the following questions and offer your comments and suggestions.
We find that teachers' feedback is very important and very helpful!
How ~,. '00 ..., the ,.,,,,tloo,' w'" of ~;, prog~m? (~
1 2 3 4 5 6
poor satisfactory excellent
How would you rate the entertainment value of this program (~ students attentive)?
1 2 3 4 ~ 6
How would you rate the professionalism of this program?
1
2
3
4
G)
6
Did this p~sentation stimulate a classroom discussion? _ IJ YES NO
~ 11- c...w\&.) we .\t.-LSt d.iclY"'-'+ +ane... ~ -=tfYY\.e-.
Do you think that conveying an edlltational message through this type pf!{r~entation increases the
student's capacity for retaining these environmental messages? YES -A NO
Would you like to see Tricia & The Toonies retum to your school? YES )Z.. NO
If "yes". would you like to see another environmental presentation? YES JZ NO
Sch.wu1e.cl CJo~e.r --1-0 E~ \::)0-'/ ~u-c..~.
COMMENTS: d
Try this FOLLOW-UP PROJECT!! Ask your students to write and/or draw their thoughts about the
environmental presentation (what they liked, what they learned, what project(s) they've done and
what they may do next). Then e-mail (or snail-mail) them to Skip, Skurry or Tricia! Keep them
updated on the progress of students' projects. Do a class project and let Skip & Skurry know about
it Write to Skip & Skurry for class project ideas! Have a class discussion too!
Skip@TheToonies.com or Skurrv@TheToonies.com or Tricia@TheToonies.com
PLEASE RETURN THIS FORM TO YOUR PRINCIPAL BY THE END OF THE DAY.
.. .and THANKS for being PLANET PARTNERS!
Tticia Haynes "" The Toonies "" PO box 3936 "" Mpls.,MN 55343 "" 952.933.3lf38
WUlW.The'Toonies.com
COUNTY
OF ANOKA
Public Services Division
HIGHWAY DEPARTMENT
1440 BUNKER LAKE BLVD. NW., ANDOVER, MINNESOTA 55304-4005
(763) 862-4200 FAX (763) 862-4201
_ ~U.N 2. (} .20D2
Betb D. Neuendorf, P.E.
Mn/DOT-Water's Edge
1500 West County Road B2
RosevilIe, MN 55113
Re: Traffic Safety Study at CSAH 14 and 1-35E Ramps
Follow-up to 4/12/2002 Correspondence
Dear Betb,
1 am in receipt of your correspondence to me, dated April 12, 2002, regarding tbe Traffic Safety Study,
which was prepared and submitted by tbis department in January of2002, and our request for changes in
traffic control on CSAH 14 at both the East and West Ramps ofI-35E.
As a result of our traffic Safety Study, I am very pleased that you department has initiated some
corrective measures in regards to the sight distance issues at the ramps. I am especially pleased that
Mn/DOT concurs in the need for the installation of an All-Way Stop on CSAH 14 at the East Ramp of 1-
35E. However, I am disappointed that Mn/DOT has not concurred in the need to install an All-Way Stop
on CSAH 14 at the West Ramp ofI-35E, and I am asking you to reconsider that decision at this time.
While the West Ramp of CSAH 14 and I-35E does not meet the volume warrant for tbe installation of an
All-Way Stop, it does meet Warrants 2, 9, and 11 for the installation of a traffic signal. As you are well
aware, Warrants for a Multi-Way Stop installation outlined in the Mn MUTCD do allow for an All-Way
Stop to be installed as an interim measure when the installation of traffic signals is warranted and urgently
needed. It is our position that the accident experience at the west ramp constitutes the basis for the
urgency and need of a change in traffic control at this intersection. In addition, we believe that conditions
at the West Ramp will further deteriorate once the All- Way Stop is installed at the East Ramp, as by
making a change in traffic control at the East ramp only, Mn/DOT will create the effect of "metered
traffic" on CSAH 14 at the West Ramp. Whatever minimal gaps are currently available at the West
Ramp will be significantly altered and shortened with a change in traffic control at the East Ramp only.
This has been physically demonstrated at other similar locations in Anoka County, such as CSAH 52 (95th
Ave NE) and tbe West ramp ofI-35W, when an All-Way Stop was installed at this interchange at the East
Ramp only. At this location, when traffic backed up on CSAH 52 and the queues extended over the 1-
35W bridge, many WB/NB CSAH 52 drivers wishing to go through the I-35W interchange on CSAH 52
would choose to cross the double yellow centerline, and pass the queue of traffic, waiting for an adequate
gap at the West Ramp, at a high rate of speed.
While this type of maneuver was clearly illegal, it was an everyday occurrence. Give the geometries and
accessibility of the area, local police found enforcement of appropriate driving at the CSAH 52/1-35W
interchange extremely difficult and ineffective. Geometries and accessibility of the CSAH 14/1-3 5E are
very similar in nature to the CSAH 52/1-35W interchange. We do not wish to see drivers in this area
Affirmative Action I Equal Opportunity Employer
,
completing the same maneuvers as drivers on CSAH 52 completed out of frustration due to delays, once
the All-Way Stop is installed on CSAH 14 at the East ramp ofI-35E.
Similar conditions also existed in the recent past on CSAH 17 (Lexington Ave NE) at 1-35W. However,
instead of installing an All-Way Stop at only one set of ramps, MnlDOT concurred at that time in our
request for a change in traffic control at both ramp junctions on CSAH 17. In practice, while traffic
operations were not as efficient on our CSAH mainline at both ramps as they could have appeared to
operate on paper with the installation of an All-Way Stop atthe North Ramp only, following the
installations of an All-Way Stop at the North Ramp only, following the installations of an All- Way Stops
on CSAH 17 at both I-35W Ramp junctions, the accident incidence and accident severity at both ramp
junctions were decreased.
Our request to your for reconsideration ofa change in traffic control on CSAH 14 at the West ramp ofI-
35E is based on safety, with the efficiency of the operations of mainline CSAH 14 balanced by the
realities of the geometrics and accessibility of the area. It is our position that operations of both MnlDOT
legs ofthis intersection (the West On-Ramp and the West Off-Ramp) will be improved significantly
should you allow an All-Way Stop to be installed at this intersection. While the efficiency of our
mainline CSAH 14 operations will likely be negatively impacted, we are willing to make this sacrifice in
an effort to provide for the safety of the traveling public. While trimming back the existing vegetation
will improve the available sight distance at this ramp, it cannot improve the sight distance deficiencies
associated with the vertical alignment of the interchange, due to its parabolic design.
Prioritizing and programming the reconstruction of this interchange is clearly needed and is the best
solution to the safety issues that exist at this interchange, and I formally request that such discussions be
initiated by Mn/DOT. In addition, I formally request that Mn/DOT reconsider their recent decision
regarding traffic control at the interchange, and allow for the installation of All- Way Stops at both the
East and West Ramps ofI-35E on CSAH 14.
Again, we would welcome the opportunity to discuss these issues with MnlDOT representatives, and we
would appreciate your willingness to reconsider your recent decision. Feel free to contact me should you
have any questions regarding this matter.
Xc: Commissioner Margaret Langfeld, District 3
Don Theisen, Washington County Engineer
Mike Grochala, City ofLino Lakes
Teresa Bender, City ofCenterville
Mike Ericson, City of Hugo
Jane Pemble, Traffic Engineer
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~lUl
1 2002
Approved at the 6-26..Q2 Board Meeting.
Rice Creek Watershed
3585 N. lEXINGTON AVENUE, SUITE 330
ARDEN HilLS, MINNESOTA 55126-8056
PHONE 651-766-4191 . fAX 651.766-4196
MINUTES OF THE
REGULAR MEETING OF THE BOARD OF MANAGERS
OF THE RICE CREEK WATERSHED DISTRICT
Shoreview City Hall Council Chambers
4600 North Victoria Street, Shorevlew Minnesota
June 12, 2002
ROLL .CALL
Present:
Absent:
Staff Present
Consultants:
Visitors:
President Cardinal, 1" V-P Leroux, 2nd V-P Haake, Treasurer Doege
One Ramsey County seat vacant -County Board is considering an appointment at this time..
Administrator Hobbs, Administrative Ass't. Torpe
District Attorney Smith, District Engineer Emmons, EOR
John Waller, 14010 Homestead Ave. N., Hugo, Advisory Committee Liaison
Roger Aiken, Arden Hills resident
Sieve Klein, Barr Engineering, observing
John Trost. Coon Rapids, reo Anoka County Ditch 53-62
CALL TO ORDER
Pursuant to due call and notice thereof, a quorum being present, a Regular Meeting of the Rice Creek Watershed District Board
of Managers was called to order by President Cardinal on June 12, 2002, at 7:00 p~m.
SETTING OF THE AGENDA
Under ACTION ITEMS, there were no additions nor deletions. Under INFORMA nON ITEMS, no additions nor deletions. The
Board adopted the amtmded Agenda by consensus.
PUBLIC HEARINGS ANDIOR PRESENTATIONS
There were no special hearings nor presentations.
READING OF THE MINUTES AND THEIR APPROVAL
1. Minutes of May 22, 2002, Board of Managers Meettng. Manager Leroux moved to dispense with the reading 01 the
minutes and approve as mailed. Manager Haake seconded and clarified the motion she had made at Line 172/3 to state that the
District will clean the V23B1 in Fridley should the City fail to do 50, and bi<< the City for the cost of cleaning. Motion maker agreed
with the clarification. Motion carried 4-0.
PERMIT APPLICATIONS REQUIRING BOARD ACTION
The following early consideration applications have been reviewed by the District Engineer and Staff and will be acted upon
without discussion in accordance with the Engineer's Recommendation unless a Manager or the Applicant or another interested
person requests opportunity for discussion:
President Cardinal asked that the record show that he turned the gavel over to First Vice-President. Mr. Leroux, and
absented himse~ from discussion and voting during discussion of Permit Application 02-039: Tollefson Development, inc. Mr.
Leroux accepted the gavel and commenced chairing the meeting.
No. Accllcant #Plan Tvee Descriotlon/Location <Recommendation
02-039 Tollefson LD WA Stoneybrook, 102 SFR lots on 78:l:A loco S of Birch TWAFAA pro 8 items
Devel.. Inc. Street, Y. ml. W of Centerville Rd, Lino Lakes. wl4 Stipulatiotls
. Motion to adopt the Dis1rict Engineer's Findings and Recommendation as contained in the Engineer's Report dated 6-5-
02 t? nvAFAA PA#02-039 pending'receipt of 8 items: HaakeIDoege. Carried 3-0-1 abstention: Cardinai.
President Cardinal received back the gavel from Vlce-Ptesident Leroux, and reassumed the Chair.
02-042 Solid Ground
Development
PDS
Maintain private ditch trib. to Br.2 of A-W JD4 5 of 'TWAFAA pro.2 items
202'" St. N & W of Fenway Ave. N. Forest Lake.
BOARD OF MANAGERS
A.). CARDINAL, SR. TOM WADDELL 14.~"< " r EROUX BARBARA A. HAAKE ROBIN C. DOEGE
ANOKA COUNTY RAMSEY COUNTY - -,,-.;-~;:3"_:.:;", ":OUNTY RAMSEY COUNTY ANOKA COUNTY
EMMONS 3< OUVIER RESOURCES Consulting €nJineen: 651~77o.a44& . Co-Counset: HAROLD H. SHEFF 612-332-1000, MICHEllE 1.. UlRICH 651.&99-9845
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Minutes of Rice Creek Watershed District Regular Board Meeling held 6-12-02
l
, Page 2 ot:3
Motion to adopt the District Engineer's Findings and Recommendation as contained in the Engineer's Report dated 6-5-
02 to TWAFAA PA#02-042 pro 2 items with contingency that the 3G-day WCA comment period be allowed to expire before action
is taken: Haake /Doege. Carried 4-0.
"Recommendation
TWAFAApro2 items.
No. Applicant #PlanTvDe DescriDtlonlLocation
02-o6~ Oon~d Steinke FSD SFR add'tn & garage on Howard Lake, 8423 Lake
.... .. Drive, Colillllbus Town. ..
Motion to adopt the District EQgineer's Findings andRecommendation as contElined in the Engineer's Report dated 6-5C
02 to TWAFAAPA#02-063 pro 2 Items: Leroux/Doege. Carried 4-0.
#KEY: LD=Land Devel. FSD=Anal Site Drainage PDS=Private Drainage System WA",WeUand All
'TWAFM'" rable YYllh &ulhorization Eor &<\minlstrallve &c\ion pro '" l2endlng [eceipt QI SFR=5ingle Family Residential
OPEN MIKE Individuals may addrass the Board of Managers about any item not included on the reguiar agenda. Speakers are requested to
come to the podium. state their name and address for the record, and limit their remarl<s to three minutes. Generally the Board of Managers will
not take official action on items discussed at this time. but may typically refer the matter to staff for a future report or direct that the matter be
scheduled on an upcoming agenda. There were no persons who wish to speak to items not printed on the agenda.
ADDITIONAL ITEMS REQUIRING BOARD ACTION
1. Consider Sponsorship of Washington-chisago County American Dairy Assoc. Funding on 6-22-'12 of $100-$500.
Motion by Haake to authorize a $250 donation to the Washington County American Dairy Association Motion died for lack of a
second. Motion by Leroux to authorize a $375 donation to the organization sponsoring the Fanners Share Lunch at the Fran
Miron farm on 6-22-02. Seconded by Doege. Carried 3-1 (Nay: Haake).
l. Consider Recommendation for Software (ArcView UpgradeslLicense) in amount of $1,590 (memo, Ned Phillips).
Administrator Informed of Intem Phillips' skill and achievement with computers and supported the recommendation for two
licenses for ArcView 3.3. Motion by Haake, seconded by Doege, to authorize the expenditure of $1,590. Carried 4-0.
3. Consider Approval of Intergovernmental Agreement with Met Council for Citizen-Assisted Lake Monitoring
PTQgram (CAMP) at a cost of $7,700 for 2002. Motion by Leroux to authorize entering into an agreement with Metropolitan
Council for partnership in the 2002 volunteer fake monitoring program for 14 fake sites at $550 each. Seconded by Haake for .
discussion only. Discussion of what the funds were used for ensued. Upon revelation that they purchased equipment for the
volunteers' use, Haake seconded the motion. Carried 4-0.
4. Consider Acquisition Options for Parcel on Hardwood Creek. Administrator Hobbs reviewed maps and Informed
Managers of his findings in discussion with a landowner regarding purchase of conservation easement. .Discussion tollowed.
Motion by Haake to Table this item to the 6-26-02 Board meeting. Seconded by Doege. Carried 4-0.
5. Consider Approval of Accounts Payable in the .amount of $7,751.95. Motion by Doege to approve the checks as
listed: 11356 thru 11362 and 11480. Seconded by Leroux. Carried 4-0.
ITEMS FOR DISCUSSION AND INFORMATION
1. Update on AnCo Ditch 53-62 Inspection. Managers reviewed a memo dated -12-02 from Lee Daleiden detailing a
Ditch Inspection Update for Ditch 53-62 and Anoka-Washington JD4.
2. Project Updates/Engineer's Miscellaneous. Engineer Emmons infonned the Board of the status on the following
projects:
Local Plan Review. Met w/WSB to review standards and revisions for Hugo's Plan, met w/Shorevlew to discuss local
planning requirements and process, met w/Arden Hills to discuss approval of local plan, reviewed preliminary results on flooding
study in St. Anthony.
Infiltration BMP Evaluation Studv. No recent actions. Next will determine feasibiUty and timing of potential demo sites
and coordinate recommendations w/future Rules revisions after strategic pianning process.
Hardwood Creek Outlet Treatment System Oations Analvsis. Coordination w/Centerville and Anoka Co. Parks.
Next Present and obtain feedback from City of Genterville and Anoke Co. Parks.
HiQhwav 61 Water Quality Improvement Wetland Proiect White Bear Township Planning Commission approved
project. there has been no action by the Town on easements. Next Whne Bear Town Public Hearing schedulEjd for 7-1-02. will
prepare to bid project. . /
SSSS Cost-5hare Proaram. Developed concept design for Rldg.. project (through RSWCD). Next Present Ridge
project tQ.Bbard after receipt 0/ bids/or project later this summer, and wilt investigate Anoka.Co. ParkS'-Locke Lake ravine
erosion issue w/District Inspector. . . ..... . .
Municipal Retrofit Cost-5hareProaram. Presented City of Fridley'S structuralBMP ~st-share. request. Next:
Continued coordination wlall on-going proiects as necessary, and Adrninistrator/Atlorneyto draft cost-share agreement w/City of
Fridrey. .
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Minutes of Rice Creek Watershed District Regular Board Meeting held 6-12-02
Page 3 of3
Hueo City Hall Infiltration Demonstration Site. Construction observation and helped modify rain garden design 10
accommodate building design changes. Next: Assist City in development of informational sign/kiosk, and complete raingarden
Operation and Maintenance Plan.
LaMotte Ditch. Water Quality linorovement Proiect. Inspected wetland plantings and coordinated final punCh-list
items w/contraClOr. Next: Final inspection/acceptance of punch-list items and project close-out ..
Mounds View Alternative Pondlna Site (SYSCO Foodsk. fol/ow~p to Peak 1 study iiia preliminary evaluationlsite
investigation of SYSCO property, and. investigation of previous District permits for .relevantinformation. Next: Gather'
topographic information from cities and investigate other possible constraintsflssues for the SYSCO site.
Ditch Doeration and Maintenance Proaram. Investlgation wlDistrict staff of RamCoD2 erosion issue, AnCoD1 0-22-32
obstruction, and WashCoJD7 drainage. Next Continued engineering assistance (as requested).
2001 Clearwater Creek Bank Stabilization Proiects. Drafting of preliminary plans. Next: Continued preliminary plan
drafting and coordination of access.
AnCo 0 53-62 Mitiaatlon Deslan. Obtained agency approval of project approach, met wllandowners and City of Blaine
to define Wetland Management Plan Goals. Next: Revisit project scope, define landowner compensation expectations, collect
field data for wetland management plan, and define development expectations.
2000 Lona Lake Sediment Removal Proiect. Seeding, mulch and erosion control mats installed by contraClOr,
planting of LaMotte Ditch dogwood and willow stakes comt!!eted 5/16/02.
Wash JD2 Culverts Desilln. Construction plans submitted 10 MnDOT for review and draft cooperative agreement
prepared by Smith Parker. Next: Obtain construction easements, revise construction plans per MnDOT comments, and prepare
for bidding.
3. Update on New Office Search. Administrator reported that one of the sites. has droPped out, leaving two which are
presently designing space. Managers will discuss this at Strategic Planning sessions.
4. Report by Waison Cardinal & Minutes of Advisory Committee Meeting held June 5, 2002. Manager Cardinal gave
a brief report on attendance, discussion lOpics at the meeting, and referred everyone 10 the draft minutes distributed tonight for
more details.
5. Status on Public Opinion Poll. Administrator informed that over the weekend American Viewpoint performed the
surVey and the preliminary results he has seen provide good information-people care a lot about water quality. American
Viewpoints analysis is coming Friday. In addition, Hobbs reported he. is surveying the citiEls himself.
6. Update on LCMR Proposal. Administrator Hobbs reported that he spoke 10 the Commission this aftemoon. There will
be a decision the first or second week of August.
7. Update June Meeting Schedule. The revised schedule and meeting notices were reviewed/clarified. Haake noted the
July 3 AC meeting is changed to July 2"", and the liaison is the new Ramsey County appointee to the Board of Managers,
effective 6-18-02. This person will also be attending the two Strategic Planning sessions with Board and staff.
Administrator announced that he has hired a Permit Coordinator: Karl Hammers, who begins work 6-17-02.
ADJOURNMENT
All items on the Agenda being addressed, and none pending, President Cardinal declared the meeting adjoumed at 8;29 p.m.
g'~rI. ~~
Barbara A. Haake, Board Secretary, pro tern
Rice Creek Watershed District
bct
"
c: Managers (4), Attomeys (2), EOR Engineers (2), Accountant. Advisory Committee (8), Municipalities (29), Blaine Coundlman T.Capra,
Anoka CO. COmmissioners. (4), Chair, Anoke CO. Boatd of Commissioners, Chair, Hennepin Co. Board of COmmissioners, Ramsey Co.
Commissionsll! (2). Chair, Ramsey CO. Board of COmmissioners, Chair, Washlngtcin Co. Board of Commissioners, Ramsey Co. OPW (TetrY
Noonan), MN BW5R (P .Belffort, t..Pelerson), MONR (Homuth), MONR Fishertes (Zappetilio), A/loka' Ct?, Hennepin CD, Ramsey 5WCD.
Washington 5WCD (KoosmannlThatcher), 5t Paul Waler UliIIty(Bullert),Metropolltan COundl (Jouseau), MPCA (Tomasekl,.Brown's Creek WD.
Capitol Region WO, ComfartlForest Lake WD, Coon Creek WO ,Minnehaha Creek WO, Ramsey.Washington Metro WO, Lower 5t CroiX Valley
WD, White Bear Lake COns. District, Loren Hentges, Joe Preiner, M.Agha, St Paul Pioneer Press, H.Tilsen, The Hugonian, Fran Miron.
Krebsbach & Haik, G.Rehbein Cos., Wayne LeBlanc. T.Brough, K.Orewry
LAURIE LAMOTTE MEMORIAL PARK
SKATE PARK
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COO P erati n 9 a c ressb 0 U n d a ri e s
local perspectives an livable communities
On Tuesday, April 30, approximately 100 elected and appointed city officials and stoff os well os
other professionals from around the Twin Cities, gathered at the Northland Inn in Brooklyn Pork to
hear about and shore recent work and experiences in building livable communities. The conference,
Cooperating Across Boundaries-eo-sponsored by the Design Center for American Urban
Landscape and the North Metro f-35W Coalition-focused On aligning livable community principies
with local objectives. Throughout the conference, in discussions and in participatory exercises,
regional coordination and cooperation emerged os keys to building successful livable communities.
\J{{
calaf]umn
UNIVERSITY
OF MINNESOTA
Following welcoming remarks by
Carol Swenson and Dennis Probst,
Mayor, Arden Hills and President,
I35W Coalition, the afternoon
session of the conference opened
with a talk by Jim Erkel,
environmental lawyer and Land
Use and Transportation Director,
Minnesota Center for
Environmental Advocacy. Erkel
discussed growth management in
the Twin Cities, in the context of
national strategies and actions. The
afternoon session concluded with a
participatory exercise designed to
generate ideas for overcoming the
impediments-both perceived and
real-to building livable
communities. Divided into four
groups, participants studied transit-
oriented scenarios, created by the
Design Center, for the Northwest
Corridor Partnership of County
Highway 81. Gathered around
table-sized models, participants
asked questions, shared their
expertise, and discussed issues
raised by livable community
developments, summarized below.
Regulatory modifications in local
zoning codes are needed to
accommodate. enforce and sustain
livable community developments.
Cities and developers must learn to
efficiently communicate and
coordinate their efforts among
numerous parties and jurisdictions;
developments must be coordinated
at the regional, rather than locaJ
scale.
Land acquisition and environmental
clean-up costs are too often
significant barriers to redevelopment.
Higher densities often require the
construction of structured parking
that adds to up-front costs.
The costs of significant redesign of
the road network unfairly financially
burden cities.
Cities need better data about the
effects of higher densities on trip
generation, and the capacity of their
road networks.
Density and density targets are too
often emphasized as the most
important element of livable
communities, often to the detriment
of larger goals.
Development partners, such as large.
employers, must be engaged eony in
the process tor projects to succeed.
Residents fear losing beloved
businesses and local character to
redevelopment.
Somewhat surprising, many
participants asserted that the
scenarios were not bold enough;
that they did not go far enough to
effect real change. That response
was universal among the four
groups, and was made in spite of
the expressed concerns, as described
above. This suggests that many
communities today recogllize the
advantages of, and the market trend
toward more compact, walkable and
transit-oriented development. Cities
are eager to take on the challenges,
but they need more evidence that
such developments work, and they
are searching for sources of advice
and technical 'assistance on
coordinating all the pieces and
getting it done.
~------~.,-_.,,,-"~ ._--~~.-. -~._-----
t:~.,:~i~~cen!.,:r for American ur~~_~::.!',dscap~=~()II"5'~::'?!~'.~~.;,~~~f(Jre and LandscoP"~~chitect~re Un~~_!:rsitx.~~!,nesota:
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COO P erati n 9 a c r ~ b 0 U n d a rie s
local perspectives on livable communities
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In the evening's plenary session,
Elizabeth Kautz, Mayor of
Burnsville gave the keynote
address, "Lessons from Livable
Community Discussions." Kautz
understands livable communities
from three points of view, as Mayor,
as Vice President of the Hartford
Group-a development company-
and as Chair of the Met Council's
Livable Communities Adviso'}'
Committee. She focused her
remarks on how Bumsville is
working to foster community
through the development of a
mixed-use, walkable and transit-
supportive town center. Bmnville's
Heart of the City, and the many
similar projects around the Twin
Cities, are sure to provide many
lessons in building livable
communities.
Conciuding .the conference. five concurrent breakout sessions examined
livable community topics. With the heip of invited experts, the sessions
provided a forum for presentation and discussion of a number of innovative
strategies that have been locally implemented. The five sessions are
summarized below. To learn more, please visit the Design Center's website:
www.cala.umn.edu/design_center/dcoul.htmIThere you will find fact sheets
and additional information posted for each of thE> topics.
creating the livable road I Fred
Dock and Carol Swenson presented
their research, in the publication,
Design and Development Principles for
Livable Suburban Arterials.
illustrating the relationship between
road design and land use, the
project adapted the practice of
context-sensitive design to a
suburban setting. Dock defined
such concepts as signal spacing and
locating mIxed-use IIn its work to
build a mixed-use suburban
downtown, the city of Golden
Valley faced many challenges. As
described by Jeanne Andre and
Mark Grimes, the successful project
required significant financial
investment from the city, and
navigation through such issues as
building codes, shared parking, and
winter plowing regulations, among
many others. One of the most
common obstacles to mixed-use
deve1opment-zoning-need not be
an impediment. Lucy Thompson
highlighted Saint Paul's innovative
effort to accommodate mixed-use
zoning with its Traditional
Neighborhood Development (1ND)
ordinance. Defining three TND
districts, the ordinance was
designed to develop mixed-use with
transit, and to meet the city's
affordable housing goals in
pedestrian-oriented urban villages.
Saint Paul's TND ordinance is one
of only a handful of such documents
nationwide.
Guest Speakers: Jeanne Andre.Assistant
C;1y Manager. City of Golden Valley I
Mark Grimes, Director of Planning and
Development. City of Golden Valley J
Lucy Thompson, Planner, City of St. Paul
Closing the plenary session, Carol
Swenson presented the North Metro
I-35W Coalition's model for
cooperating across boundaries. In
1996, seven communities in the
north metro signed a joint powers
agreement, with a coalition vision
to, "jointly and cooperatively plan
for and maximize the opportunities
for regional community
development, quality growth and
diversification through a system of
collaboration." Since then, the
coalition established the
Subregional Housing Resource
Center, coordinated the GIS work of
the seven cities in the form of an
innovative Livable Community
Information System (LOS),
undertook a large-scale regional
growth study, and engaged in a
number of other livable community
investigations and projects across its
subregion. To learn more about the
Coalition's work toward
subregional cooperation, please visit
!~S wel;>site: www.i3Sw.org
speed, influence thresholds and
viewsheds, urban design templates
for planning areas, and developing
a hierarchy of arterial roads to form
subregional transportation
networks. He demonstrated how
livable community design strategies
can be integrated into existing and
future suburban environments, and
explored the challenges of doing
that. The session participants
concluded, rather than constituting
an impediment, roads can form the
foundation of livable communities,
if thoughtfully designed in
conjunction with. land use.
Guest Speaker: Fred Dock Associate
Principal, Meyer Mohaddes Associates
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coordinating livable community
redevelopment I Participants
examined the process of large-scale
livable co=unity redevelopment-
- from citizen involvement and
visioning, through approval,
management of public relations,
selection of a developer, financing
_.~~~ i-'
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the project and closing the deal.
Howard Blin and Stacie Kvilvang
presented Brooklyn Park's effort to
redevelop a deteriorating strip mall,
Village North, into an attractive,
mixed-use gateway for the
community. As a comparative case
study; Carl Lindbergh described
Mendota Heights' Town Center
project. In spite of differing
approaches to the two projects, in
both cases, the presenters agreed
that such plans must be designed to
accept changes in the marketplace--
and incremental development-
while retaining their essential
elements; they must have a clear
vision, and compelling issues
behind their inception. To build
successful livable community
projects, all agreed that cities must
alm high; they must develop
projects that are truly great.
Guest Speakers: Howard BIln, Planning
Director. City of Brooklyn Park / Stacie
Kvilvang, Assoc. Financial Advisor, Ehlers
& Associates, Inc. / Car; Lindbergh City
Administrator; City of Mendota Heights
enhancing the environment /
Following presentations by AI
Singer and Fred Rozumalskl,
participants concluded four key
points for developing environ-
mentally responsible livable
communities. First, the concept of
connectivity-commonly applied to
road networks-also applies to
open space networks; conservation
efforts must focus on preserving
connected systems. Second, a
~~.--
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number of new tools, including land'
cover and soil databases, greatly
enhance the ability for local
governments and communities to
do more to improve the health and
vitality of the natural environment.
Third, privately-owned natural
areas can be protected through
tools-cornmon in other parts of the
country, but just emerging in
Minnesota-such as conservation
easements and partnerships of
indjviduallandowners. Metro
Greenways and the Minnesota Land
Trust are two programs implem-
enting such tools in the state.
Fourth, the best strategy for
stormwater management is to keep
as much rainfall as possible out of
pipes, and in the soil. To do that,
impervious cover must be reduced
wherever possible. Finally; the
group noted that such efforts need
not be large-scale; they can start in
every homeowner's yard and
accumulate into effective results.
Guest Speakers: Fred Rozumalski,
Landscape Architect. Landscape
Ecologist, Barr Engineering / At Singer,
Coordinator; DNR Metro Greenwoys
counting on housing / Many new
housing types have emerged
recently in the Twin Cities, in
response to the need for affordable
housing, and the movement to build
more livable communities. As the
baby boomers age, and the
population diversifies, cities need to
pay attention to the balance and mix
of housing available within their
communities. Dennis Welsch
emphasized the importance of
housing balance to maintain
commercial activity, jobs, popu-
lation and city services. When cities
become "demographically
unbalanced," he said, they often
experience unanticipated economic
problems that can be costly to fix.
John Carpenter, describing recent
demographic shifts in the Twin
Cities, noted that families with
children grew by slightly over 10%
in the seven-county metro area in
the past ten years, while non-family
households grew by nearly 25% in
the same period. That is just one
example of many demographic
shifts that greatly affect school
funding, commercial activity and
the availability of affordable
housing. In response to a greater
diversity of households, the Twin
Cities will need to develop a greater
diversity of housing types.
Guest Speakers: John CaTpenter,
President. Excensus, LLC I Dennis Welsch.
Community Development Director. City
of RoseviIJe
The Desiqn Center for American
Urban L 1scape gratefully
ocknO' 'ges the contributions of
all the " speakers, and thanks
the co, "nee ottendees for their
partieip" on,
commer.is:
dcou/@umn.edu
012.627. 1850
Design Center Project Team: Nancy A. Miller; Conference Coordinator; Carol Swenson, Interim Director; Gina Bonsignore, Daniel Marcke/,
Matthew Finn, Frank Fitzgerald, Jeffrey Miller; Wiro Noeradi. Sarah Jost, Heather Wainwright, Brandon Stengel.
Dave Zeffron, Mercia COStQ".-^,r-::: ~9=?i!~, .~;;a'5cr- ,,-~-- --..
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1711 w.. Coimty RqadB;SiJite 300N .
Roseville;MN55113. ...
Ry-ChaJ Gaustad
City of Centerville
City Hall
,680 Main street
Ceuterville, MM 55038 .
,.., ,
MACTA SUIDlIler Seminar
. Date: July22~f3,2002
>~.d'~.i:'-.e~~":".__"'='&~.2.-".:.:;,':'o'.-_:-%''G'~j'~_~~_;.._____,,,...._.~.,,-;..__.,
. ." . SPEAKERS
B.eforeimd after seSsionS, enjoy I)u]l.Ith'~maiiyiect61tiPnaI . MIKEBRAPLEY, Ai\ol,11ey,crelghton;Brarlley &GllZZelt;f'"
activities includjng,poal rides; sbopping,mus~uins, etc, ..' WENDY CHRETIEN, . SOllth\VasbingtonCouIltyCable.
DressfortheSllIllII)erSetiJinarjsbilsineSscisuaL . Commissi~n'. .' <. .... .'. ." '. .... '..:
, c' TOM CR,EIGHTON,Anorney & Senior Partner, Creighton, .
B'radley & Guzzelt:j ..... ,. .
GARYDOTY,MayorgfJ;luluth ..... ....'
TIM FiNNERyy'; !{an1seyrwasl)ington,Cabl~ ColDlD,ission
, .STEVE GUZZETTA,Altomey, CreightOn, Bradley&;-
GuzZetta. .... . '. ..... ...........'..... .... ...., ,-
. HOLLYHANSEN;.MACTA BOilfd,(;i~:OfSt.Pau) '.
MELANIE HENDRICKSON,.oeity.ofDuluth .
MARK HO:rcHKISS, Bw-nsvmelEagilllSai:>lecoil1mission'
KEVIN:.LORD, General Manag"i, Cliarter CoDIT!l)IDiea!ions"
JEFF LUEDERS, MAeTA President;. CiW'ofLakeViIle .
ALAN MILLER, MAp.A.Bo4rd.,.lro~ucer.A&e~sto
D~mocracy~\ BurnsviUeJEagan 'Co~Unitj::Te~,e.\'isiqn
lERRYMOSCATELq,PACT,Duluth_ .'. ....., ."
MIKE REARDON, Ex"CutiveProd]lCet of "<:;o1l1lnrn:!ity
Journal", BurnsyillelEagan CommUnity'Television
wY. SPANO, MACTA Lobbyist; Spano .,& J aneeel(
l.lIJl)Y VIGIL, JR., WRAC 8,Willmar.
BOB VaSE, Attorney, Keenedy& Graven '. ..,'
COR WILSON, NATOA Iloard Memb<i'r" North: Suburban
Cable Commission .
DATES
MOO:day- Tuesday, July 22c23, 2002
WHO SHOULD ATTEND
. + <;able & Teieeommuilleations Adrninistrators
.. + City Managers
.. PEG A--CCeSS Production Staff '"
· . Cable& Telecornmuillcatiol1'l Cornrnissioners
+ City Council Members -
~ Ma~ors ...
+CityAnomeys
. ..
ABOUT THE SEMINAR
. ',' -
MAGTA's SUlTIlller SenUnafproVides an oppo)'lQnity to.
, t1ke a rnore m~pth 10Qk ~rafewtopjes: Thisyear,oUi
'.' ~essions\Vill focUs on REG aeCe~S issuesanQle~sl~tive
. policy directions.. There Will be tilne..iQrevtei and'
. discuss MAGTN. le~slative pri<>;rities an\lhoWtgtaiSe
cityoffieialS! awareness of thei" issues; Anrr;equally
Unportant, there. Will beplentyoftirne1Pr)1l't\yOrRID~" .
DIRECTIONS
. " -
The Ramsson Hotel Duluth' Harboryi~w is localealSO
. miles .northeast ofilie TwiIlCities.Frol,11th~TwiIlC!lies:
'take 1"35 going north towro;dDullltli. Taketh~ Superior
.Str"et/M.esaba Avenue exit. .. 'TUrn ri&hl 'onro,.W.e~t
'Superior Street
-" '.
REGISTRATION ...~. LqDGING.
Re~jstration and Mondaye.venmW lodging b"foreJune
20 i8$195 forMf\9TAIJ:iernbersand$25~{or non-
ni..embers" After Jun.'. e 20- it '.'S $235f<..or...m. '.el,11. b.e.rs,. an. d.$. ..295
'.for non-rnettlbers. Complete the fOrm inside ihiSbroel11J]'e .
and send ",illi payment.to the MAqA office:
CANCELLATION POLICY'~
. .
. ,- - - '.
-.. -.
. LOCATION/LODGING....
Radissol). HoteI'DUlUfu ~ Ii:arborview.
50SWSuperior SI.
Dull.lth, MN 55802
Phone: 218.727,898-1
Fax: 218,727,0162
wWw.radisson.comlduluthrnn
If you would like to enjoy Duhjth prior to the startoi t1w,
semirlar, a blpckofsle,pingroomshasbeenteservedattbe
bdisson [Or Sunday night, filly 21,at tire specialraie of.
$100.60 for sfigle or double occupancy. (tax.mcfudedj.
Lodging reservalionsfor Sunday shollld.bemade directly
. with the Radisson at 2 I ISo 727:8981.I'leas~ ref~i 10 the
"MACTASCl,11inar" t~getthe group tate, MakeYo.l1r .
reservation eaIly to lnsutea roonI at the. ffi:o~P_ discoinJ.r
rate.~oorns are avaiIabie forSundaymght attMgroug
. discoUnt raleon a Spaceavajlabl~ basis.A1Ireseryario!lS.
are SUbject to. the Radissons reSeryarion a1l:d cancellation
polieiei,;a room depositis requn,,(t..
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DAY ONE ~MONDAYflUJ"Y 22
9:30 Registration opens
. The Duluth To~~t and Vis"itors _a1H'e~U: _ will hay~ &__'
repre.sentative present ,at regi~tratipn to ~ugg~~~
sightseeing tours, local events-~thi~gs: to do anctsee~.and'
. a!\swer }$lY, questions a1)out shoppipg _ or the pulut~
area.
\0:30 PEG Access rOlidcs, Iss\Jcs&Case Studi~s
Moderator.. Mela'lie lfendri~kso,! .. .
Speakers: . Steve GuzzeltCii E$q, &;TimFinnerty'
ApotpO'urri 1Jf jnfo~~on~ in?lu~g ,propel':~;;e'_of:PEq
access ch~e~s, copyright considerati9ns;-cur:enti~~'ues~
, the influenc_'~' of niega-~prPorati'op.~;: ~d' ,de:~.r~~~i~~;.
competition, " - .
12:00 LUlJc/leon. . . . . ..
Welcome-8< Opening Address
GaryfJoty,MayorofDu@(h. .
KEYNOTE.:. Fii"stAlnenllment Issues
Sjieaker:<romCreight(in, Esq, ..... ."
fi~e4()ll1 9t:sP~~.th anq -y:o~r .o~ligatton- tp,ce~sot
hlappropria~e or cop.troversialJ1.ro~n.llnin~,_..H6~f~'"
can you.go?' How -to..de.a!, with;f0reign'langiI~ge
.' " c .. ....._ ,-,..,
PrograrhJ)1g.
" \:45 Big fity/Small City l'[oduc~on~:. 76TroIl1bones~
Speakersi Jerry Mosqatelli, Rudy Vigil, Jr, &:.Mark
lfotchkis,s . .. :.., . . .
" rioyou,-g~t tb,e-ll1o~t outQ'fy~ur'f{!C'i1itY? EYyf j:bj~'
a~~'Uthand;'me-down ~qu{pment tp'~pgr~de? ,gave Y?u'
'go~e~'the.hest us,e "fro~, YO~yolunte~r~ to ~riable Y?\}' '
to Qffe!~vein;nqfe,tQYour :viewers~..
3:15 Refi"eshmentBreak
. 3:30 . Commuuity TV: Ac~ess t" J'leulOciaey
. Speakers:ll{ike'.Rearit?n &: Alan Milrer .
J:Iave ,'you' ~a_~'-:pl,~s~fqr3op2elei:tiq~' cove~g~?~ A,
_discus,~i()n a~oiit bmv t~ get Jhe el~c~pn;ll1.~ssag~s _out to -
YtJ~r viewe~. 'Per~p~ctiy~ ~:m-a,;car\l:tidate.~-i~t~rvie:~
. program,\;'Wch hasprove~ tope ahit,::,ithsubscrib~
, an,dsistet',~ities-: '
.5:00 . Tour ofth,e DuluthPACTF'~cllity .
6:00 . BllDque{ .' . ..... . .
Surprise Guest Speaker Prese!1t~tioq
L. __
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'7:30
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Oil Your Own -l'reeTime .
B9atrides "on ~ak~ .Supet:i6r, visits to beauti~l
downtoWn ,Duluth; ven~iri~ tQ the casino, ete;
. '..
-. . ,.
DAy TWO . - TUESDAY~ JULY 23
.&:00 Continental breakfast
. 9:00
". . '"
, , .
IO:qo ReiTeshtnent Br~ak '
10:15
,Po1icyI..siies:Wherear~ we?
Speak~r:Nik~Braijlq, Esq. '..
I~ ittihje to;t~kea: ilewJQ,ok_at Chwel238 ~'lightol
tod4Y's':~hallgin~rt;lark:~t?: .
Sp~ake;': fJob Vose, ESq.
Are, ~,t~eie4~(k. qlou4s-'orr the -horizon?' 'ljas your' I
munictpalIty had!a deal with LllTIlted Area FranchISIng? ,I'
How does OVS. affe~t you?' I
,:Sj:Jeaker._: ,;Co~ WIlson,. NATOA.]jpartf Member. .
PerSpec!ivrs froIIlN;.tOA: . Don't lookJ:low, but a
~,"newIlFGt :~abI~ . D1qdem:.jIlt~rPretatlon may, :be
": ~eat6ni~g YOuf,~fuuicljise--f~es! In fa9t, it alr~ady ~!
'JJ:30
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\2145 Lunch"QI,1. ... .
. KEYNOTE: HowDoWeGetThere? .
. .. Spetllc~r.. . ~Spano,ftdACTA Lqbbyist
Wpat_ 'i~p~ct dQes_:r~4istrictiD,g.. ha~e ,on.. yow cityts~'
'relatiopship'_<'with :gov~rnri1ent? ,Hqw. about Cl.new j
GOYerI1or? Ani there toadbloclci t"MACYA'S goals to [
~!e~erY,e .1~~I-~~thority and reven.l.1.e?'
2:00
.1;.
A-djown. . .. . .
Anyone.whodi(\n't.get the opportunity to toUr tllr!
'l)1l1uth PACTf~cjlityget~ a chance.
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I.... Address:
: City/State/Zip:
I Day Phone:
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. : Co~plete thisregistratio;lform andniaiJ",ithpayment .
.,"01' purchase ordernllinbeito: .
. MACTA .
.,' 1711 W. Cpunty Ro'14 B, Suite 300N
Reseville,MN ~511;3 .
1 651.635:0309" .
, i1rx: 651.635..Q307
~ oei@ilSSOCmgIl1torg .
E-mail:
Forofficin,se O1ily
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Sent By: Great Lakas Management Co.
~_o-
Cllyot~
JolIn R_
Tim V_
Totol Units
Leased this Period
Total Units Leased
TOTAL" LE ED
Vocancies
763 377 7387;
Jun-26-02 16:11;
.....:
.....:e51~
fa:~
fa: 7e3-323 ~~
. Chauncey Barett Gardens .
Centerville, MN
Executive Marketing Summary
. June 18 . June 24, 2002
2
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2
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ToIol Units Vocant 0
Total Units Occupied 2
TA U lED
1
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'Estaflisfiec{ 1S57
1880 Main Street . CenteroilJe, M'J{ 55038
(651) 429-3232 . 'J~ (651) 429-8629
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF CENTERVILLE
RESOLUTION #02 - 023
RESOLUTION AUTHORIZING THE CITY ATTORNEY, (BARNA, GUZY AND
STEPHEN), TO BEGIN LAND ACQUISITION FOR ROADWAY PURPOSES
WHEREAS, certain real property located in the City of Centerville has been platted as
the Royal Industrial Park; and
WHEREAS, to facilitate development within the Royal Industrial Park, the City of
Centerville installed public utilities to service said property; and
WHEREAS, it has subsequently come to the attention of the City Council that certain
access to the Royal Industrial Park is incomplete, as the platted street right -of-way does not
extent to the existing public right-of-way_
NOW, THEREFORE, Be It Resolved By The City Council of Centerville, Minnesota,
that:
I. The City Attorney is hereby authorized and directed to proceed with public street
right-of-way easement acquisition through negotiation or eminent domain.
2. Any cost for acquiring said right-of-way (including but not limited to legal and
appraisal fees) shall be the sole obligation of (See Exhibit A), which obligation shall be
evidenced in writing and approved by the City Council prior to any use of any further eminent
domain proceedings.
PASSED AND ADOPTED by the City Council this lOth day of July, 2002.
Attest
City Clerk
Mayor
,
SKETCH AND DESCRIPTION
FOR: R.II; R ~. lNC.
PO BOX 324
HUGO, MN 5S038
TELIll'HONE (6SJ) 426-1345
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{:: NE corner of the SE 1/4 of
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33 fJ5~'I' Townsh;p 31, Range 22
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PROPERTY DFSCRIPTION
That part of the Southeast Quarter of the Southeast
Quarter of Section 23, Township 31, Ronge 22, Anoko
County, Minnesota, lying easterly of the easterly right
of way line of .County Rood No. 54:
I
I
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L_
I hereby certify that this survey. plan or report was prepared
j me or under my direct supervision and that 1_ om a duly
licensed land s;;:t'l7yor unde: the laws of the state of Minnesota.
::t12:::Qo ~ ( ,2002
Surveyor. Minnesoto License No. 17765
METRO LAND SURVEYING
& ENGINEERlNG
4/2 COUNTY ROAD D
LITTLE CANADA,MN 55//7
PHONE (65/J 766-0112 FAX. (65/) 766-06/2
Job No. 107-02sk Scale:l"=100'Sy: JKB
I.
I v
tervi[[e
'Estafj[isfiet[ 1&57
1880 'JI(rtinStreet . Centeroi[fe, 'Jvf2o.l 55038
(651) 429-3232 . 'J~ (651) 429-8629
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF CENTERVILLE
RESOLUTION #02 - 024
RESOLUTION DIRECTING STAFF TO TRANSFER FUNDS TO CLEAR
BALANCES FROM CLOSED FUNDS OR FUNDS NO LONGER NEEDED
PURSUANT TO RESOLUTION #02-018 WITH ONE TRANSFER ($109,190.85)
BEING RETRO ACTIVE TO THE YEAR 2001
WHEREAS, the Council of the City of Centerville has discussed and desires that a
previous fund transfer in the amount of $109,190.85, financial and audit reports should
correspond with the disbursement of funds and the Goals and Objectives adopted by the
City Council in the year 2001; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
CENTERVILLE, MINNESOTA:
1. The Finance Director is hereby authorized and directed to transfer
$109,190.85 from Park Dedication Fees to General Funds retro active to 2001
and direct ABDO, ABDO, Eick & Meyers to modify the City's 2001 audit to
correspond with the transfer.
PASSED AND ADOPTED by the City Council this 10th day of July, 2002.
Attest
Mayor
City Clerk
,
tervi[[e
'Estafiisfted M57
1880 Main Street . Centeroi![e, 'lff!Ji 55038
(651) 429-3232 .:Fa;'( (651) 429-8629
STATE OF MINNESOTA
COUNTY OF ANORA
CITY OF CENTERvu,LE
RESOLUTION #02-018
RESOLUTION APPROVING THE TRANSFERlNG OF FUNDS TO CLEAR BALANCES
FROM CLOSED FUNDS OR FUNDS NO LONGER NEEDED
THE CITY OF CENTERvu,LE RESOLVES:
WHEREAS, the City Council of the City ofCenterville met on June 12,2002, at City Hall; and
WHEREAS, the City's auditing firm ABDO, ABDO, EICK & Meyers in conjunction with City Staff
were directed to research fund balances, activity and make recommendations for fund transfers to close
non-active funds; and
WHEREAS, the City Council of the City of Centerville discussed and considered the attached
recommendations:
NOW, THEREFORE BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF
CENTERVILLE directs Staff to implement the recommended transfers/journal entries as attached.
Passed by the City Council of the City ofCenterv:i!!e this 121h day of June, 2002.
/'
/ ,,J"
,
Mayor Tim Swedberg
.
ATTEST:
~
oore-Sykes, City A .. ator
-.
,- - -- -
"
Batch Name
CITY OF CENTERVILLE
Journal Entries
Current Period: JUNE 2002
06112102 11 :55 AM
Page 1
DebitTotal
CrediIT alai
06-12-{J2
Journal Entries
$622,709.66
$622,709.66
$0.00 In Balance
Refer . 1
Journal Enty
Journal Enty
Journal Enty
Joumal Enty
Transaction Date
Residual equity transfers
G 101-10100 Cash
E 402-49390-720 Operating Transfers
G 402-10100 Cash
R 101-39200 Inter-Fund Operating Tr
6/11/02
Total
Credit
Debit
$109,190.85
$109,190.85
-~-"-"-~..__._-"---_.__._--~-._,,-- .. -.......--.----.-....-......-------.......-- - -_.._._-~.-._~-_.._.
$218,381.70
Refer 2
Joumal Enty
Journal Enty
Journal Enty
Journal Enty
Transaction Date
Refer 3
Journal Enty
Journal Enty
Journal Enty
Joumal Enty
Transaction Date
Refer 4
Journal Enty
Joumal Enty
Journal Enty
Journal Enty
Transaction Date
Refer 5
Journal Enty
Journal Enty
Journal Enty
Journal Enty
Transaction Date
Refer 6
Journal Enty
Journal Enty
Journal Enty
Journal Enty
Transaction Date
residual equity transfers
G 414-10100 Cash
E 101-49390-720 Operating Transfers
G 101-10100 Cash
R 414-39203 Transfer from Other Fun
6/12/02
residual equity transfers
G 433-10100 Cash
E 101-49390-720 Operating Transfers
G 101-10100 Cash
R 433-39203 Transfer from Other Fun
6/12/02
residual equity transfers
G 434-10100 Cash
E 601-49390-720 Operating Transfers
G 601-10100 Cash
R 434-39203 Transfer from Other Fun
6/12102
residual equity transfers
G 435-10100 Cash
E 602-49390-720 Operating Transfers
G 602-10100 Cash
R 435-39203 Transfer from Other Fun
6f12/02
Total
Total
Total
Total
Total
Debit
$351.50
$351.50
$703.00
Debit
$8,028.92
$6,028.92
$12,057.84
Debit
$740.50
$740.50
$1,481.00
Debit
$159,421.91
$159,421.91
$318,843.82
Debit
$34,962.04
$34,962.04
--_..~---,_._-~"._"~.._._,-"-_._, -'--"-~--~--~'~-~'- ..~._-..-~-,--".._-----_. . ..,,--.-.------..
Refer 7
Journal Enty
Joumal Enty
Journal Enty
Journal Enty
Transaction Date
residual equity transfers
G 618-10100 Cash
E 101-49390-720 Operating Transfers
G 101-10100 Cash
R 618-39203 Transfer from Other Fun
6f12102
residual equity transfers
G 620-10100 Cash
E 101-49390-720 Operating Transfers
G 10H0100 Cash
R 620-39203 Transfer from other Fun
6/12/02
Total
$69,924.08
Debit
$659.11
$859.11
$1,318.22
$109,190.85
$109,190.85
$218,381.70
Credit
$351.50
$351.50
$703.00
Credit
$6,028.92
$6,028.92
$12,057.84
Credit
$740.50
$740.50
$1,481.00
Credit
$159,421.91
$159,421.91
$318,643.82
Cred~
$34,962.04
$34,962.04
$69,924.08
Cred~
$659.11
$659.11
$1,318.22
CITY OF CENTERVILLE
Journal Entries
Current Period: JUNE 2002
Fund Summary
",.,..........._=~..."_<'"._"._,~"'=.".....""''''''''~M'O'''''''''''..==-,,.,,~.._""''''''.''''''_....,'''''~~;.___,","",,,,,-,~~,",~."
Refer 0 1 01
439
601
602
101
402
101
414
101
433
434
601
435
602
101
618
101
620
DebIt
Refer 1
$109,190.85
$109,190.85
$351.50
$351.50
$6,028.92
$6,028.92
$740.50
$740.50
$159,421.91
$159,421.91
$34,962.04
$34,962.04
$659.11
$659.11
Refer 2
Refer 3
Refer 4
Refer 5
Refer 6
Refer?
."",.._.,.,..--~......,.",-"...;",.._._""".,,,,,,.~-~.",.--~._-,,,,,,-==--.......,,,,,,.~,~~
For each fund the DebUs MUST equal Credits to be In Balance.
Credit Difference
~'.'-""""""~''''''"-,-'''''''''-"'''''''~-~
$109,190.85
$109,190.85
$351.50
$351.50
$6,028.92
$6,028.92
$740.50
$740.50
$159,421.91
$159,421.91
$34,962.04
$34,962.04
$859.11
$659.11
In Balance
In Balance
In Balance
In Balance
In Balance
In Balance
In Balance
In Balance
in Balance
In Balance
In Balance
In Balance
In Balance
In Balance
In Balance
In Balance
In Balance
In Balance
.....="''''''''''.....--..
06/12/02 11 :55 AM
Page 2
~
I
I
I
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I
ervi[[e
'Estaflisfiet[ 1857
1880 9vfain Street . Centerviffe, fJv{<J{ 55038
(651) 429-3232 .:Fa:c (651) 429-8629
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF CENTERVILLE
RESOLUTION #02 - 025
RESOLUTION AUTHORIZING THE DISBURSEMENT OF FUNDS TO THE
IRS FOR OUTSTANDING MEDICARE AND SOCIAL SECURITY PAYROLL
WITHHOLDINGS ASSOCIATED WITH THE CITYS DEFERRED
COMPENSATION PLAN
WHEREAS, pursuant to the City's auditing firm of ABDO, ABDO, Eick & Meyers
being directed to audit the City's Deferred Compensation Plan records; and
WHEREAS, pursuant to the Attorney General's opinion regarding the formulation and
handling of municipal flex-plans and employee benefit packages; and
WHEREAS, ABDO, ABDO, Eick & Meyers has completed the audit of the City's
records, corrected associated payroll reporting docwnentation and has recommended the
release of funds in the amount of $6,072 to the IntemaI Revenue Service for the
employee and employer portion of Medicare and Social Security payroll withholding
associated with the Deferred Compensation Plan and its participants earnings.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
CENTERVILLE, MINNESOTA:
1. The Finance Director is hereby authorized and directed to disburse funds to
the IntemaI Revenue Services for the above stated matter.
PASSED AND ADOPTED by the City Council this 1 Orb day of July, 2002.
Attest
Mayor
City Clerk
L_ __ _
City of Centerville
Reconciliation of Capital Projects Funds
June 30, 2002
Cash Private
Fees Improvements Total
Buechler Estates 1,101.35 500.00 1,601.35
Center Villa 26,218.12 3,150.00 29,368.12
Clearwater Meadows 2,339.90 2,400.00 4,739.90
Deer Pass 11,953.62 3,025.00 14,978.62
Eagle Pass I 35,784.85 6,250.00 42,034.85
Eagle Pass 11 20,000.00 20,000.00
Hunters Crossing 3,900.00 11,950.00 15,850.00
Lakeland Hills 47,186.00 3,818.00 51,004.00
Parkview 4,400.00 4,550.00 8,950.00
Pheasant Marsh 5,500.00 5,500.00
Royal Oaks Industrial Park 33,538.76 3,200.00 36,738.76
The Shores . 43,113.00 43,113.00
Willow Glen 459.06 459.06
Woods of Clearwater Creek 10,522.85 3,325.00 13,847.85
245,558.45 42,627.06 288,185.51
7/1/02
12:08 PM
capital projects reconciliation.xls
City of Centerville
City Council Meeting
July 10, 2002
To:
Ms. Kim Moore-Sykes
Honorable Members of the City Council
From:
Ellen Paulseth, Finance Director
Re:
Capital Projects Analysis
I have completed a review of the city's capital projects funds. Invoices have been sent to
developers according to the attached list. The invoices did not include charges for snow
plowing and street cleaning, as we will be invoicing those services from city records.
There were unique circumstances surrounding each project. In most cases, there was
inadequate escrow to cover engineering costs. In all cases, fees for private improvements
were not collected. In some cases, cash fees, such as stormwater drainage fees, were not
collected. According to the city engineer, most of the projects in question have not been
officially closed.
It is my hope that most of the project funds can be closed out by year-end.
Feel free to call Ms. Moore-Sykes or me for further information.
. .,
City ofCentervine
Council Meeting Minutes
June 26, 2002
CITY OF CENTERVILLE
CITY COUNCIL MEETING
June 26, 2002
6:30 p.m.
Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled
meeting on June 26, 2002, at City Hall, 1880 Main Street.
PRESENT: Mayor Tim Swedberg !1/il'D'~
Council Member Dick Travis &rP~~@'\J~
Council Member Marl Nelson f) A 0 0 U'
Council Member Linda Broussard Vickers ~@~
ABSENT: Council Member Capra.
STAFF:
City Administrator, Ms. Moore-Sykes
City Engineer, Mr. Tom Peterson
City Attorney, Mr. Jim Hoeft
I. CALL TO ORDER
Mayor Swedberg called the June 26, 2002, City Council meeting to order at 6:30 p.rn.
II. SET AGENDA
Ms. Moore-Sykes asked that a Resolution awarding the bid for public improvements to
Pheasant Marsh be added under Council Business.
Motion bv Council Member Nelson. seconded bv Council Member Broussard
Vickers to approve the a2enda as presented. All in favor. Motion carried
unanimously.
III. A W ARDS/PRESENTA nONS/APPEARANCES
Tom Wilharber, 6849 Centerville Road, addressed Council and read a statement he had
prepared. It is as follows:
I wish to bring to your attention a serious problem which exists on Centerville Road on
the bikinglhiking trail just to the north of my property which adjoins Hunters Crossing.
Last Sunday, I was on my roof cleaning out the rain gutters and my wife MaryLou was
assisting. I heard her say to someone that they shouldn't go any further on the trail as the
road was quite busy. It was a little girl about 4 - 5 who was riding a two wheel bike with
training wheels on it. MaryLou told the person to go back down the trail from where she
Page 1 of22
,. ..
City ofCenterville
Council Meeting Minutes
June 26. 2002
came, but the little girl said heJ mother was right theJe; MaryLou looked down the trail
and saw no one. We believe the little girl came from the second house on the end of
Hunters Trail. The little girl then proceeded out onto Centerville Road, a car heading
South pulled over as the little girl was out in the center of the road, I heard a car coming
north on Centerville Road and it in turn stopped, the little girl continued to ride down the
center ofCenterville Road and then turned into Hunters Crossing and headed West. I got
off the roof and attempted to see where she had gone and or where she lived. I could not
find her.
My reason for brining this up is that I feel that for the safety of residents who use this
trail and in turn the new trail which will go into Pheasant Marsh the following steps
should start to be taken:
1. Contact Anoka County to have pedestrian crossing signs placed on
Centerville Road.
2. Have the County stripe the road to identifY the crossing.
3. Have Anoka County do a traffic study to look at lowering the speed along
this portion of the road. A few years ago the speed limit was :fifty (50), it
is now forty-five (45), but the majority of people do not drive that slow.
4. Anoka County just recently mowed the grass along the road right of way.
(Before this time, the grass at the trail outlet was close to 3 - 4 feet high).
5. Place barriers on the east and west end of the trail to stop auto traffic from
using it as a roadway. There are many contractors or unaware citizens
who drive up and down it.
As the development in Pheasant Marsh continues, the number of walkers, bikers, etc. is
going to increase and the time to act is before a serious accident or incident takes place. I
do not care to be the one to have to make the 911 call or assist an injured person or
persons in the future, where actions taken now could prevent something like this taking
place.
Mayor Swedberg asked if the City could stripe the roadway because the County moves so
slowly.
Mr. Palzer indicated there may be legal issues related to the City striping a County road if
theJe was an accident.
City Attorn,ey Hoeft indicated the City could not stripe the County road.
Council Member Nelson suggested putting up notice at the trail entrance.
City Attorney Hoeft indicated the City could stripe the ends of the trail and put up
signage.
Mayor Swedberg asked ifvehicles were traveling on the trail.
Page 2 of22
L-__
City ofCenterville
Council Meeting Minutes
June 26. 2002
Mr. W1lharber indicated there have been vehicles using the trail and also explained that
contractors from Hunters Crossing use the trail to get out. He then suggested that a post
be inserted in the middle of the trail that can be dropped for vehicles to travel through if
necessary as a way to keep vehicles off the trail.
Council Member Nelson asked that Staff look into the matter and provide
recommendations to Council at the next meeting.
Council Member Broussard Vickers said she would like a letter sent to the County to ask
for striping and a report back on options for how to keep the vehicles off the 'trail.
Council Member Travis suggested contacting the County Commissioner for Centerville
in an attempt to speed the process along.
Mayor Swedberg commented that Council had just received information on the pond and
Eagle Trail and has not been able to read it.
Roberta Wirth, 7065 Eagle Trail addressed Council concerning the pond on Eagle Trail
and Dupre Road being filled with sediment. She then said her neighbor, Ian Hackman,
has observed Swift Construction pumping water and sediment into the pond.
Ms. Wirth indicated she had inspected the construction site and there are numerous things
wrong including inlets that are not protected with filter fubric, no erosion fences until
today. She then indicated that Rice Creek was brown and looked like it was being filled
with sediment. She further stated the PCA is concerned because Rice Creek leads to the
lake.
Ms. Wirth indicated that the worksite does not have a gravel base and the clay mud is
spilling into the street and into the pond. She then said that Swift is in violation of
7050.01210 and should be required to dredge out and clean out the pond immediately.
Ms. Wirth asked who would be enforcing maintenance of the pond. She then said that
the pond has a covering of algae and probably has a high phosphorous content and said
she will send a sample to the health department for analysis.
Mayor Swedberg asked if she was speaking on behalf of herself as a citizen or on behalf
of the PCA
Ms. Wirth indicated she was speaking on her own behalf as a resident.
Council Member Nelson said she was glad that the state of Minnesota would supersede
and if the MPCA wants to investigate the impact to Rice Creek she would be interested in
what they have to say.
Mayor Swedberg asked if the City has any responsibility.
Page 3 of22
City ofCenterville
Council Meeting Minutes
June 26, 2002
City Engineer Peterson indicated the pond was built to catch sediment and that is what it
is doing. He then said that Eagle Pass Second Addition is under construction and the
storm sewer does not go directly into the pond it goes through the system and then in. He
further indicated that when construction is complete the pond should be dredged.
Council Member Broussard Vickers asked why the City would do it now when there is
more construction to come.
Mr. Peterson recommended dredging the pond after the last homes are done.
Council Member Broussard Vickers asked who would pay for that.
Mr. Peterson indicated the developer should pay for it because he is the one responsible
for it and needs to clean storm sewers when he is done.
Council Member Broussard Vickers commented that if the sediment were causing an
issue now it would need to be dredged now and later.
Ms. Wirth indicated that during construction the practice is not to have the outlet open.
She also indicated it is not really designed properly as the sedimentation basin should
hold sediment but not discharge it until it is stabilized otherwise it is affecting the rest of
the waters of the state.
Ms. Wirth indicated that there has been no maintenance of the pond in five years.
Council Member Broussard Vickers asked Staff to look into it and report back to
Council.
Jan Hackman indicated the developer pumped water out of a basement to a low area by
the neighbor's stand of evergreen trees and the neighbor is not happy because the trees
will die if they sit in water.
IV. PUBLIC HEARING(S)
None.
V. COUNCIL BUSINESS
1. The Shores Development Contract Stipulation
Council Member Nelson indicated she would like to propose that the funds be used for
extending the trail across the street and connecting the new strip mall to Tom Thumb.
Council Member Broussard Vickers indicated she would like to have Park and Recreation
make a recommendation because she does not want to put money into a trail that may not
be there in the future.
Page 4 of22
City ofCenterville
Council Meeting Minutes
June 26, 2002
Mayor Swedberg suggested that the seniors could benefit from a trail out the front of the
senior housing.
City Attorney Hoeft indicated Council had approved the development contract but left the
dollar amount for payment in lieu of trail blank. He then indicated that $11,000 would be
inserted for the payment in lieu of trail amount.
Motion bv Council Member Broussard Vickers. seconded bv Council Member
Travis to approve the developer's contract for The Shores with the $11.000 added
for the pavment in lieu oftrail. All in favor. Motion carried nnanimously.
2. Web Site
Ms. Moore-Sykes indicated that Kim has been working on the website and has been
spending a great deal of time trying to implement the website on govoffice.com She also
indicated that Kim is trying to gather infonnation specific to CenterviIIe rather than using
the boilerplate infonnation provided. She further indicated that Kim had contacted
Council Members Capra and Nelson for input.
Mayor Swedberg indicated he had reviewed the website and Kim has made good
progress and applauded her efforts. He then indicated he would like to offer his
assistance to help her get there taster. He further indicated he would like to see a
potholes button where residents could talk to City Staff.
Ms. Moore-Sykes indicated that Kim puts in a minimum of 12 hours a week on the
website and the rest of the Staffhas been supporting her efforts by picking up her duties
while she works on the website.
3. 2001 Audit Report
Ms. Moore-Sykes indicated that Staff is waiting for the auditor to provide his report.
Council Member Nelson indicated she had fuxed documents that showed Council
approved the $109,190.85 transfer.
Finance Director Pau1seth indicated the auditor had said he was not comfortable with the
transfer because Council did not take formal action on it.
Mayor Swedberg commented that in the goals statement it talks about the Wheels Park
and LaMotte Park and on May 23rd the goals were adopted by motion and one of the
goals was to use dedication fees for park development. He further indicated that the
reason there was no motion is that it was the appropriate place to take the money from
Ms. Paulseth indicated the auditor would do the transfer if directed to do so by Council
but he is not comfortable with it.
Page 5 of22
l
City ofCenterviUe
Council Meeting Minutes
JUne 26, 2002
Council Member Nelson indicated she wanted to have the $109,190.85 transferred to
2001.
Motion by Mayor Swedbel"2. seconded by Council Member Nelson to direct the
auditor to make the proper adiustment for the park dedication fee in the amount of
$109.000.
Council Member Broussard Vickers asked if there would be legal ramifications of doing
this. She then said that she thought by adopting the goals that it was assumed that Staff
would take care of it but that is not what took place. She then asked if it was an oversight
that could be corrected or if there would be an issue.
City Attorney Hoeft indicated it was a matter of interpretation as fur as what formal
action took place. He then said it would have been preferable to have had a specific
motion but there was not.
Council Member Nelson indicated there was clear directive but no motion.
City Attorney Hoeft indicated that it would have been preferable to have a distinct motion
but he thinks if Council directive was clearly to do the transfer that there was approval of
goals and objectives. He further indicated that if it was determined by someone that their
interpretation was different than the City's the Council could raillY the action that was
taken and that would legitimize the transfer. He also said he was not concerned with a
liability issue but said it would have been better to have had a motion.
Council Member Broussard Vickers commented that the accountant objects because there
was nothing in the minutes.
Vote: Ayes - 3. Nays -1 (BrouS$ard Vickers). Motion carried.
4. Great Plains Racing - Fete des Lacs
Ms. Moore-Sykes indicated she had received an e-mail from Mr. Peterson apologizing
that he could not be at the meeting tonight.
John Thill, President of the Centerville Lions indicated the Lions have made attempts to
send in for the right permits but would like to know if Council would approve this before
proceeding.
Mayor Swedberg indicated Council usually relies on the advice if the Police and Fire
ChiefS and, because this is on the water, the SherifPs Office. He then noted that any
approval of Council would be contingent upon those approvals.
Motion by Council Member Broussard Vickers. seconded by Council Member
Nelson to approve the Centerville Lions request for Great Plains Racine: contine:ent
Page 6 of22
City ofCenteMlle
Council Meeting Minutes
June 26, 2002
upon approval by the Anoka County Sheriff, Police Chief, Fire Chief and the receipt
of insurance showinl! the City as an additional insured. All in favor. Motion
carried.
5. COlI1PuterlInternet Policy
Ms. Moore-Sykes indicated there was information in packets concerning a policy for
Internet and computer use. She then indicated that the League of Minnesota Cities does
not have a model policy regarding use of the Internet.
Council Member Nelson indicated the policy should be included in the personnel policy.
Council Member Broussard Vickers indicated she would like to see something done prior
to the personnel policy.
6. 21 st Avenue - Reconstruction
Ms. Moore-Sykes indicated Staffwas looking for direction from Council as to whether
Council wanted to participate in the reconstruction of 21 st Avenue with Lino Lakes.
Council Member Nelson indicated a motion was needed on this matter in order to
proceed.
Ms. Moore-Sykes indicated that Council had been given copies ofLino Lakes schedule
of how it will proceed if Centerville wants to do this in tandem with Lino Lakes.
Mayor Swedberg said he thought there was a feasibility study.
Council Member Broussard Vickers said she thought Lino Lakes was taking the lead on
providing information on the costs.
Mr. Palzer indicated that the City, if it wants to assess for the improvements, would need
to do its own study or approve the Lino Lakes study.
Mr. Peterson indicated that his office could use the previous study and update it with the
minor changes to the project.
Council Member Broussard Vickers indicated she would want to remove the turn lanes
from the project because the City is not sure what will happen with Main Street.
Council Member Broussard Vickers indicated she would like to dead end the road short
of where Lino Lakes intended.
Council Member Nelson indicated she would like the motion to clearly state what the
City wants changed so there is a good record trail this time.
Page 7 of22
L______ _ _
City ofCenterv11le
Council Meeting Minutes
lun026,2oo2
Council Member Broussard Vickers indicated she would like to see the turn lanes
removed because she is not interested in having the City pay to improve the County road
when Main Street is slated to be changed in the future,
Council Member Travis asked how much of the $317,000 was turn lanes,
Mr, Peterson indicated that 2/3 of the figure was for street improvement so if that is
reduced it would drop the price.
Council Member Travis asked who would pay for the turn lanes if the County required
them.
Mayor Swedberg asked if the County would require a light.
Mr. Peterson indicated he did not think the intersection would warrant a light at this time.
Council Member Travis commented that the assesSment could be $50,000 or $60,000 and
asked if the property owners would appeal.
Ms. Moore-Sykes indicated that Noble Welding had said they would pay what it took but
when he made those comments he was upset with the state of the road. She also
indicated that the Dairy Queen said almost the same thing.
Council Member Broussard Vickers indicated there is time during the process to allow
for the property owners to notuy that they intend to fight the assessments. If they
indicate they will fight the assessments then the City could cancel the project.
Council agreed to follow the timeline as closely as possible.
Mayor Swedberg summarized that Council wanted a 10-ton road, would like to follow
Lino Lake's time table, would like the road to be the minimum amount necessary to get
the job done and not to go past the third property owner, and to eliminate the cul-de-sac
and turn lanes.
Council Member Travis commented at this time the City is only agreeing to do the
feasibility study.
Mr. Peterson indicated he would review and comment on the Lino Lakes study.
Motion bv Council Member Broussard Vickers to approve updatinl! the feasibility
study bv havine: the City Enl!ineer review Lino Lakes report, to exclude the County
excbane:es and turn lanes, to exclude the cul-de-sac. to end the road at the end of the
third lot, Lot 9, Block 1. and to notify Lino Lakes that CenterviDe will attempt to
match their timeline to the best of its ability. All in favor. Motion carried
unanimouslv.
Page 8 of22
City ofCenterviJle
Cooncil Meetiog Minutes
June 26, 2002
Council Member Travis asked why the house was bumed down and asked whether there
would be a petition to extend the road farther.
Council Member Nelson indicated it may be prudent to ask him ifhe wants the road to go
through,
7. Purchase of Administrative Office Computers
Ms. Moore-Sykes indicated RK7 had provided a letter withdrawing from the process.
She also indicated that Council was provided with information from Rose Valez from
North Metro and the proposal from PC Solutions. She further explained that the
information was just received and that is why it was not in Council packets.
Mayor Swedberg indicated he questioned whether a server is really necessary because the
City could purchase PC's with bigger drives.
Ms. Moore-Sykes indicated that she understood that point but said she was concerned
with the ability to run tbe Sensus software without a server. The other issue is that all
ordinances would be stored on one computer without a server and she would not have
access to them. She also indicated that the City has purchased GIS software for mapping
that it is unable to use without the server.
Council Member Nelson commented that she could see the use for a server especially
with the volume of ordinances and minutes.
Ms. Moore-Sykes indicated that backup would be more regular and reliable with a server
rather than rely:ing on each individual to backup when time permits.
Mayor Swedberg asked whether the public works building should be connected to City
Hall.
Mr. Palzer indicated he would not be involved with the Sensus software as that is a
billing program He then said his computer is only one or two years old and works fine
though he is not connected to City Hall.
Mayor Swedberg commented that he appreciated the comments of the receptionist and
city clerk as those had not been clearly voiced before. He then asked whether the City
would need to purchase monitors and keyboard or if the existing ones could be utilized.
Ms. Moore-Sykes indicated that two monitors do not function well and would be replaced
but said Staff would use whatever existing equipment they possibly could.
Mayor Swedberg asked who submitted quotes on this tonight.
Page 9 of22
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City ofCentervilIe
Council Meeting Minutes
June 26. 2002
Ms. Moore-Sykes indicated the City had received quotes from PC Solutions and North
Metro based on the Mayor's specifications and PC Solutions on what they would
recommend.
Mayor Swedberg indicated he did not disagree with the SCSI drive but was considering
the savings to the City.
Council Member Nelson said she felt the SCSI drive was necessary.
Ms. Moore-Sykes indicated she would propose the 4100N so the printer could be
networked with all computers.
Mayor Swedberg said he would feel more comfortable if the City had a few more quotes.
Ms. Moore-Sykes indicated she could look fur other quotes.
Council Member Broussard Vickers commented that Council had been going around and
around and around on this and now has prices. She then commented that there was a
motion made that would have allowed Staff to purchase the equipment.
Mayor Swedberg indicated the motion provided in the minutes of the last meeting was
not the motion made and that will be corrected later in the meeting.
Council Member Nelson indicated she had viewed the tape and that was not the motion.
Mayor Swedberg asked how wide of a net was cast. He then said Staff couId have called
the big companies and gotten a bid overnight and he would like to have more choices and
find cheaper costs.
Council Member Broussard Vickers asked why Staff could not be allowed to do that and
why Council needed to be involved.
Council Member Nelson said she thought Council should be involved in spending this
kind of money.
Council Member Travis asked how soon Staff could get more bids.
Ms. Moore-Sykes indicated she had called the Itasca Group and had gotten no response.
Council Member Nelson indicated she had no trouble with these two bids but said they
are still not apples to apples because the City has still not decided exactly what it wants to
purchase.
Council Member Broussard Vickers commented that she thought that was what Staffwas
doing when this was discussed at the last meeting. She then indicated that very minor
changes had been made to the system.
Page 10 of22
City ofCenterviUe
Council Meeting Minutes
June 26, 2002
Council Member Nelson commented that it is not the money change it is how the whole
system works together.
Council Member Broussard Vickers asked why Staff would not be allowed to make the
choices and complete the purchase hased on the specifications provided and staying
within the allotted dollar amount.
Council Member Nelson indicated she would like to be involved in the evaluating
process because she feels like she knows some about computers and has not been part of
the process yet. She then indicated she liked the idea of limiting monitors and keyboards
and feels strongly about having a SCSI because there would be trouble without it. She
further commented that she would like to have one or two Council Members sit down
with Ms. Moore-Sykes and work out what to buy and from whom.
Council Member Broussard Vickers said she thought that was where Council was two
weeks ago and that did not happen and then there was another meeting and another
agreement and now we are back to the beginning.
Mayor Swedberg indicated the cheapest cost is North Metro Telecommunications if you
truIy compare apples to apples.
Council Member Nelson commented that Rose from North Metro has indicated she
would not be getting any money for building the machines or instalIing them so the City
would be paying wholesale cost.
Council Member Broussard Vickers asked why with what Council has already done Staff
cannot make the decisions and just do it. She then said Council already talked about the
amount of money and talked about Council input and Staff deciding.
Council Member Nelson said she would like to have a couple of Council Members be a
part of that process and she would like to be a part of that process. She then asked if Ms.
Moore-Sykes had an objection to that suggestion.
Ms. Moore-Sykes indicated she had no problem working with Council Member Nelson
on the computer issues.
Council Member Broussard Vickers said she disagreed and thinks Staff should decide.
Council Member Nelson said she disagreed and thinks Council should be involved.
Mayor Swedberg asked why not go with the cheaper bid.
Ms. Moore-Sykes indicated that she would be happy to go with the cheapest quote
provided that the Staff gets what it needs to do the job.
Page II of22
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Council Meeting Minutes
June 26. 2002
Council Member Nelson asked if the Mayor had a problem with having the Mayor,
Council Member Nelson and Ms. Moore-Sykes work on this project together.
Mayor Swedberg said he wanted to get the most for the buck and ifhe has assurances that
one is the cheapest bid he has no problem with that.
Council Member Nelson asked ifStaffheard from Logis.
Ms. Moore-Sykes indicated that the Logis quote would have required a $6,000
membership payment.
Ms. Moore-Sykes indicated she would contact Rose at North Metro to obtain further
information on changes to the quote with adding the SCSI drive and the printer with the
networking capabilities.
Mayor Swedberg suggested taking the cheaper of the two quotes and move on with the
process.
Council Member Nelson asked if the Mayor was directing Staff to go with the cheapest
bid apples to apples.
Mayor Swedberg said yes and asked that in the future when doing this Staff get three or
four bids.
Ms. Moore-Sykes indicated she had contacted NanD but that was support less and Staff
had also contacted Comp USA.
Mayor Swedberg said the City is buying the machine and they will back that with a
warranty and he wants to install it and hook up as long as Staff goes with the cheaper bid
he is fine with that.
Council Member Nelson said she wants to be involved with the process. She then said
that she understands that North Metro uses the same wholesalers that Dell and Gateway
use and she would like more information on the proprietary issue.
Ms. Moore-Sykes indicated that the machines are all put together diflerently and, if
something goes wrong, there would be a need to reconstruct that one of a kind machine.
Council Member Nelson indicated that when machines are custom built they work with
all kinds of things and things can be changed and mixed and matched but if they are
proprietary that is something else and that gets sticky and it cannot be fixed and the City
would have to dump the whole machine and she does not want to do that.
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City Attorney Hoeft indicated it would be appropriate for one of the Council Members to
move to reconsider the prior action on the purchase ofthe computers. He then indicated
Page 12 of22
City ofCenterville
Council Meeting Mi:nutes
June 26. 2002
that a motion to reconsider puts it back on the table and allows for a new motion to be
made for clarity.
Council Member Nelson indicated she could not move or vote because she was not at that
part of the meeting.
Motion by Mayor Swedbel"2. seconded bv Council Member Travis to reconsider the
motion made on June 12. 2002 concerninlZ the acquisition of computers. Ayes - 2.
Nays -l(Broussard Vickers). Abstain -l(Nelson). Motion carried.
Mayor Swedberg asked whether the motion concerning the finance computer should be
reconsidered.
City Attorney Hoeft indicated it would not be necessary to do so.
Motion by Mayor Swedbel"2. seconded by Council Member Travis for Staff to
purchase computers up to $20.000 Crom the Quotes submitted at this Council
meetinlZ with the caveat oC least expensive Quote.
Council Member Broussard Vickers indicated that the Mayor's motion would limit Staff
to the least expensive quote and force her to purchase the computers that may have the
proprietary problem Council just said it did not want.
Council Member Nelson said she would like to be part of the process.
Council Member Travis said he had no problem with Council Member Nelson being
involved in the process.
Council Member Broussard Vickers indicated the motion made has made it so that it has
to be the least expensive even if Staff and Council meet and decide that is not the right
one.
Vote: Ayes -l(Swedbere). Nays - 3 (Travis. Nelson. Broussard Vickers). Motion
Cailed.
Motion by Council Member Nelson. seconded by Council Member Travis that the
City Administrator and Council Member Nelson lZet tOlZether and evaluate the two
computer Quotes that are from North Metro Rose Valez and PC Solutions and
evaluate which would be better for the City the best computer system Cor the money
with a limit oU20.000 maximum.
Council Member Travis indicated that he felt that anyone who wants to look at it the
better.
Council Member Broussard Vickers said her only concern is that there is an agreement.
Page 13 of22
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Council Meeting Minutes
lune 26, 2002
Mayor Swedberg said please understand there was an agreement.
Council Member Broussard Vickers said I disagree with you.
Mayor Swedberg said he appreciates Council Member Broussard Vickers comments and
is sure she appreciates his as well.
Vote: An in favor. Motion carried unanimously.
Mayor Swedberg said he will not be part of this process.
8. Storm Water/NPDES Phase II
Ms. Moore-Sykes explained that the City will be required to put together the Phase II
plan for storm water management.
Ms. Moore-Sykes indicated Staff is working with Randy from Bonestroo to comply with
the federal and state requirements. She then indicated that the League of Minnesota
Cities has a proposal that will help cities develop a boiler plate plan but the City would
need to pay $5,000 to participate. She further indicated she would contact the League to
see if it would be possible to adjust the tee for smaller cities.
Mayor Swedberg commented that the expert writing the plan was from Bonestroo and
said why give someone money to do this if the plan for this City is in compliance.
Mr. Palzer indicated the City has nearly completed the surfuce water management plan.
Mayor Swedberg asked if the City would pay Bonestroo to have this plan worked up.
Council Member Broussard Vickers commented that Paul said they are having the
surfuce water management plan worked on and are contracted with Bonestroo to do that
and that plan will have the required information.
Council Member Broussard Vickers asked the City Engineer to provide an estimate to
update these regulations and asked Ms. Moore-Sykes to contact the League concerning a
sliding fee for small towns.
9. Resolution Awarding Bid fur Pheasant Marsh Public Improvements
Motion by Council Member Broussard Vickers. seconded by Council Member
Travis to approve Resolution 02-022 as presented. All in favor. Motion carried
unanimouslv.
City Engineer Peterson indicated the Resolution contained incorrect figures and note the
figure should be $463,327.45.
Page 14 of22
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City ofCentorville
Council Meeting Minutes
June 26~ 2002
VI. CONSENT AGENDA
1. The City ofCenterville June 13,2002 through June 26, 2002 Claims for
Approval.
2. Centerville Lion's request for a TemporarylEvent Liquor License 3.2, Bingo
Permit and Noise Permit - Fete des Lacs (August 2, 3, and 4.
3. Centennial Fire District Expenditures
4. Bonestroo, Rosene, Anderlik & Associates Parks and Recreation Donation
$250.00
5. Park Construction Company - Pay Estimate #4 (Pheasant Marsh Utility & Street
Improvements) $112,398.12
Mayor Swedberg requested that Item 2 be removed for discussion.
Motion by Council Member Nelson, seconded bv Council Member Broussard
Vickers to approve consent aeellda items 1. 3. 4. and 5 as presented. All in favor.
Motion carried unanimously.
Ms. Piehl indicated she had further information concerning the insurance certificate to
present to Council.
Mayor Swedberg brought up two concerns one is that the neighbors were impacted with
the skate park and complained about noise after 10:00 p.m. and this would be adding to
that noise which may not be good.
Mayor Swedberg indicated the liquor ordinance does not allow for liquor in the park or in
public places as proposed. He then said that even though the City can do things for the
festival he raises a flag of is this a good thing for youth for adults to be drinking in the
park.
Council Member Travis said he thought the ordinance exempted City events.
Ms. Peil indicated the event is after 8;00 p.rn. after the skate park closes and does end at
midnight so as not to exceed the noise ordinance rule.
Mayor Swedberg said those are two flags that he would raise.
Council Member Nelson commented that last year was in the park and previous years at
Kellys.
Mr. Thill indicated the last two years were at the park.
Council Member Nelson said before that it was at Kel1ys.
Council Member Broussard Vickers indicated that Kellys has its own functions separate
of the City.
Page 15 of22
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Council Meeting Minutes
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Council Member Nelson indicated she did not have a problem making an exception to the
noise ordinance for the festival but she feels she would like to see the drinking done when
there are not underage people present so that the kids would see that you can have fun
without drinking. She further said that when Council works through the liquor ordinance
she would be in favor of that kind of restriction and not at the park.
Council Member Nelson indicated that for this request she would go with the majority of
Council but would like to not see liquor be served at the City's park.
Council Member Broussard Vickers said she disagreed and thinks the City function is an
appropriate event for a temporary liquor and noise permit. She then said that there are all
types of people that use the park and there are some that would enjoy a drink at the
festival. She also said that drinking can be done responsibly and for the City to say that
the park is unavailable for this type of function does not serve the majority of residents.
She further stated that for the entire rest of the year the City does not allow alcohol in the
park and she does not think this sets any sort of precedent and it is a two hour time
diffurence once a year for the noise.
Council Member Travis said he had no problem with it.
Motion by Council Member Broussard Vickers, seconded by Council Member
Travis to approve the CenterviUe Lion's request for a Temporarv/Event Liquor
License 3.2, Bineo Permit and Noise Permit. Ayes - 2, Nays - 2(Nelson/Swedbem).
Motion failed.
Motion by Council Member Nelson, seconded by Mayor Swedbem to approve the
request of the CenterviIle Lions for a BiUl!O Permit and Noise Permit for the Fete
des Lacs Festival. Aves - 3. Nays -1(Travis). Motion carried.
Council Member Broussard Vickers asked to have the liquor license on the agenda for the
next Council meeting to be heard before a full Council.
VII. APPROVAL OF COUNCIL MINUTES
1. June 12. 2002 Council Meeting Minutes
Council Member Nelson requested the following change: On Page 14 of23 change the
motion to:
Council Member Nelson read the motion as transcribed from the tape:
"Motion by Council Member Broussard Vickers, seconded by Council Member Travis to
authorize the expenditure of up to $20,000 for the purchase of computer equipment in
whatever manner staff and the Council Members that are interested in participating
would see fit. All in favor. Motion carried unanimously".
Page 16 of22
City ofCenterviUe
Council Meeting Minutes
lune 26, 2002
Mayor Swedberg said let it be stipulated that not all members of the Council agree with
that change.
Council Member Broussard Vickers would say that she feels that the way the motion is
paraphrased is the intent of her motion as she meant in whatever way Staff felt and
Council was to be input and was not the decision. She then said that she would not
challenge that the motion as transcribed by Council Member Nelson is not verbatim but,
the motion as paraphrased, was her intent.
Mayor Swedberg indicated it was a moot point because there has been a different motion.
Motion by Council Member Nelson. seconded by Council Member Travis to
approve the City Conncil Minutes of June 12. 2002 as amended. Ayes - 3. Nays-
1(Broussard Vickers). Motion carried.
VIII. ANNOUNCEMENTSIUPDATES
1. Deferred Comp - Attorney General's Opinion
city Attorney Hoeft explained that the Attorney General had determined that the City's
contributions to deferred compensation are illegal and advised Council to change the
practice right away. He also indicated that he had met with City Staff and the consensus
had been to begin looking for a cafeteria plan to be started the first of next year.
City Attorney Hoeft indicated Council needed to take action on this matter tonight and
decide what to do going forward at another time. He then indicated Staff is
recommending Council make a motion to terminate the current practice and begin
treating the payment as wages effective with the next payroll period in order to comply
with the attorney generals ruling.
Council Member Nelson asked what the dollar amount was that is being put into deferred
comp each month.
Ms. Paulseth indicated it is $128.00 per employee.
Ms. Moore-Sykes clarified that is it is $128.00 per employee that does not take insurance
coverage.
Ms. Paulseth indicated there are three employees this applies to.
Council Member Nelson commented that the amount would be roughly $500 per pay
period.
Page 17 of22
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Council Meeting Minutes
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Ms. Moore-Sykes indicated the intent is to select a cafuteria plan that is cost effective and
meets the needs of the City and employees and begin making that contribution on behalf
of the employees again.
City Attorney Hoeft reminded Council that it needs to deal with the issue of stopping the
current practice and could spend time discussing how to handle future contrIbutions at a
later time.
Motion by Mavor SWedbel1f, seconded bv Council Member Broussard Vickers to
tenninate the City's current practice of contributine to deferred comp in lieu of
health insurance and beein treatin!! the amounts as wa!!es as per the Attorney
General's mlin!! and recommended by the City Attorney.
Council Member Broussard Vickers clarified that $6000 covered everything.
City Attorney Hoeft said yes.
Council Member Broussard Vickers asked if there would be an issue with reducing
salaries at the first of the year because the motion would increase salaries by the deterred
comp amount.
City Attorney Hoeft indicated there would be no issue with that.
Mayor Swedberg asked to make sure that the word terminated was used in the motion.
Vote: All in favor. Motion carried unanimouslv.
Mayor Swedberg commented that the practice will not exist beginning with the next pay
period and it will be taxable income.
2. Administrator's Uodate
Ms. Moore-Sykes indicated the NEMO presentation would be held at the July 2, 2002
Plannine Commission Meeting at 5:30 p.m.
Ms. Moore-Sykes noted she had included information from her participation at the
Minnesota League of Cities convention as a youth delegate mentor.
Council Member Nelson commented that she was concerned that there would be ongoing
participation and wondered how much of Ms. Moore-Sykes day would be used fur the
program.
Ms. Moore-Sykes explained that her participation was limited to during the conference
and said it was a very worthwhile experience and enjoyable to watch kids show an
interest in local government.
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City ofCenterville
Council Meeting Minutes
June 26, 2002
Council Member Nelson asked if the City had received information on the Anoka
greenways project Ms. Moore-Sykes said no.
Council Member Nelson asked for an update on the eminent domain situation.
Ms. Moore-Sykes indicated that City Attorney Hoeft had put together a resolution and the
clerk tried to work it up but since the property is not platted she could not fill in the
infonnation. She then indicated Staff would continue to work on the matter.
Council Member Nelson asked whether the Hair Update situation with serving a glass of
wine had been resolved.
Ms. Moore-Sykes indicated the owner of Hair Update understands and there is no issue.
Council Member Nelson provided a copy of infonnation received from the League of
Minnesota Cities concerning insurance trust recommendations following 9111.
Council Member Broussard Vickers commented that the information had been on a
previous agenda and Staff had been directed to respond.
Council Member Nelson asked whether any information had been received on
barricading the road by the church.
Ms. Moore-Sykes indicated the County had no issue with barricading the road as it is a
City street.
Council Member Nelson asked if Council needed to take action on approving the
barricading of the road.
Ms. Moore-Sykes indicated she kIt the discussion was that the road could be barricaded
on a use by use basis.
Mayor Swedberg said Council was waiting to see if there was an issue with the County.
City Attorney Hoeft indicated the City could close the road if it wants to.
Council Member Broussard Vickers indicated she would like to see a formal request from
the church as to what they want to do and then put it on the agenda as a public hearing for
other resident input
Council Member Travis indicated there were two issues one was they were asking to
vacate the easement and the other was high traffic times.
Council Member Nelson asked if there had been any conclusion on the Sheehy property.
Page 19 of22
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Ms. Moore-Sykes indicated the City had given up the thought of purchasing the property
and noted that she had not had a chance to review minutes. She then said that Mr.
Drilling is interested in purchasing the property and developing it with Mr. Sheehy
retaining 5 acres.
Mayor Swedberg commented that there was a large amount of tax owed on the property.
Council Member Travis indicated there is a big assessment owed.
Mr. Palzer indicated there is a flood plain assessment.
Mayor Swedberg asked if the assessments would have to be paid when the property is
sold.
City Attorney Hoeft indicated the County would not accept the lot split until the
assessments are paid in full. .
Council Member Nelson asked if the temporary sign at Performance Auto was still there.
Ms. Moore-Sykes indicated it was gone.
Council Member Nelson asked for input on the trail at Apple Tree Square.
Ms. Moore-Sykes indicated they are still working on it.
Council Member Nelson indicated she was not talking about the new part but the other
side that was to be fixed.
Ms. Moore-Sykes indicated the fence on the Shad Avenue side was nearly completed and
there has been a lot of work going on.
Mayor Swedberg indicated that it has been too wet for trail work.
Council Member Nelson indicated that there was an article in the Quad concerning using
credit cards or special payments for bills to be paid to the City and the article had profiled
Circle Pines and indicated that they are cutting costs by using automatic bank
withdrawals. She then suggested that Staff contact the City Administrator in Circle Pines
to obtain information on the procedure and determine costs.
Ms. Moore-Sykes indicated that the Clerk had called around to other cites and Circle
Pines is ~e only city in the area that is doing electronic payments.
Council Member Nelson asked for an update on that information at the next meeting.
Council Member Travis commented that Circle Pines would be handling a lot more
money.
Page 20 of22
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City ofCenterville
Council Meeting Minutes
June 26, 2002
Council Member Nelson asked for an update on the Woiak property.
Mayor Swedberg indicated he came to Council last July and it has come up now because
his land is flooding and he has eight (8) feet of empty area that was his flower bed. He
then indicated he felt the City needed to provide a little more effort to make him whole.
Council Member Broussard Vickers asked what he wanted the City to do.
Mayor Swedberg said he thought the grade had been changed.
Mr. Peterson said not around the trees.
Mayor Swedberg said on the other side of the trees.
Council Member Broussard Vickers asked if fill is needed to bring things back to the way
they were befure and then asked who would pay for that.
City Attorney Hoeft indicated the developer could be asked to correct the situation but
would want an engineer to determine if there is an issue with the grade not merely rely on
the comments of Mr. Woiak.
Mr. Palzer indicated the area held water before the construction and the City was trying
to make corrections to lower it to aid in drainage. He further indicated there is standing
water in the area and it is backup from the trees.
Mayor Swedberg commented that the water is not even getting across the driveway.
Mr. Palzer indicated the water comes from three or four houses away and the area has
held water since he has been in town.
Mayor Swedberg indicated there is also a problem there with weeds and, as the weed
inspector, something should be done about the City property.
Mr. palzer indicated the area is City property and is left in a natural state similar to some
of the parks.
Council Member Nelson indicated the response would be that Mr. Woiak should contact
the City Engineer ifhe feels that his property is not the same that it was before.
Council Member Broussard Vickers asked where the water is.
Mr. Palzer indicated the flower bed is in the right of way.
Council Member Broussard Vickers asked what obligation the City would have to restore
a flower bed that was built in the right of way.
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City Attorney Hoeft said none.
Mr. Peterson indicated the area was dug up to :fix Mr. Woiak's sewer.
Council Member Broussard Vickers asked Staff to send a letter to Mr. Woiak indicating
that his flower bed is in the right of way and the City has no responsibility to replace it
and to let him know he can contact the City Engineer concerning any drainage issues he
may have so that the engineer can detennine if the area is functioning properly.
Mayor Swedberg indicated he would like closure for this matter.
Ms. Moore-Sykes indicated she had provided infurmation on PayPals and various
information from the League conference in Council FYI packets.
City Attorney Hoeft indicated the final documents for recording had been prepared and
sent to the County and noted that his office would go back and detennine the amount
spent on the project and reimburse the City from the escrow withheld at closing.
Bill Bisek of 7098 Centerville Road arrived at the meeting and asked what had happened
with the Lion's Club request for a temporary liquor license.
Council Member Broussard Vickers explained that the motion failed on a two to two vote
and would need to be considered at the next meeting before a full Council.
Mr. Bisek asked if there would be enough time to obtain the permit ifapproved at the
next meeting.
Mayor Swedberg indicated the question before Council is whether liquor should be
served in the parks. He then said that should the permit be approved it would be
available from City Staff the following morning.
IX. ADJOURNMENT
Motion bv Council Member Nelson. seconded bv Council Member Broussard
Vickers to adiourn the June 26, 2002 City Council Meetinl! at 8:45 p.m. AU in
favor. Motion carried unanimously.
Transcribed by:
Joan Lenzmeier, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
City Clerk
Mayor
Page 22 of22
"
.
DRAFT
ORDINANCE NUMBER 13
AN ORDINANCE REGULATING THE POSSESSION, SALE,
CONSUMPTION, AND CONSUMPTION OF INTOXICATING
AND 3.2 PERCENT MALT LIQUOR WITHIN THE CITY OF
CENTERVILLE, MINNESOTA
THE CITY COUNCIL OF THE CITY OF CENTERVILLE, MINNESOTA
DOES ORDAIN:
Section 1. ADOPTION OF STATE LAW BY REFERENCE
The provisions of M.S. Chapter 340A, as they may be amended from time to time, with
reference to the definitions, terms, conditions of operation, restrctions on consumption,
provisions relating to sales, hours of sale, ahd all other matters pertaining to the retail
sale, distribution, and consumption of intoxicating liquor and 3.2 percent malt liquor are
hereby adopted by reference and are made a part of this ordinance as if set out in full.
It is the intention of the City Council that all future amendments to M.S. Chapter 340A
are hereby adopted by reference or referenced as if they had been in existence at the
time this ordinance is adopted.
Section 2. CITY MAY BE MORE RESTRICTIVE THAN STATE LAW
The Council is authorized by the provisions of M.S. 340A.509, as it may be amended
from time to time, to impose, and has imposed in this ordinance, additional restrictions
on the sale and possession of alcoholic beverages within its limits beyond those
contained in M.S. Chapter 340A, as it may be amended from time to time.
Section 3. DEFINITIONS
In addition to the definitions contained in Minnesota Statutes, Chapter 340A.1 01, as it
may be amended from time to time, the following terms are defined for purposes of this
ordinance:
(a) Display: The term "Display" means the keeping, storing, or permitting to be kept or
stored of an alcoholic beverage which has been poured, dispensed or has had its
package seal broken on, in, or at any table, booth, bar or other area of a licensed
premises accessible to the general public, except when the alcoholic beverage is stored
in a normal storage area during non-sale hours.
(b) Interest: The term "interest" as used in this ordinance includes any pecuniary
interest in the ownership, operation, management or profits of a liquor establishment,
.
but does not include: bona fide loans; bona fide fixed sum rental agreements; bona fide
open accounts or other obligations held with or without security arising out of the
ordinary and regular course of business or selling or leasing merchandise, fixtures or
supplies to such establishment; or any interest of 5 percent or less in any corporation
holding a City liquor license. A person who receives monies, from time to time, directly
or indirectly from a licensee in the absence of a bona fide consideration therefor and
excluding bona fide gifts or donations, shall be deemed to have a pecuniary interest in
such retail license. In determining "bona fide," the reasonable value of the goods or
things received as consideration for the payment of the licensee and all other facts
reasonably tending to prove or disprove the existence of any purposeful scheme or
arrangement to evade any prohibitions under this ordinance shall be considered.
(c) Licensed Premises: The term "Licensed Premises" is the premises described in the
approved license application. In the case of a restaurant, club, or exclusive liquor store
licensed for on-sales of alcoholic beverages and located on a golf course, "licensed
premises" means the entire golf course except for areas where motor vehicles are
regularly parked or operated.
(d) Operating Manager: The term "Operating Manager" as used in this ordinance
means a person designated by the license holder who works full-time at the licensed
premises and is in charge of day-to-day liquor sales.
(e) Properly Designated Officer: The term "Properly Designated Officer" means and
includes (i) the City Fire Inspector or Fire Chief; (ii) the City Building Official, Building
Inspector, or Administrator; and (iii) the Health Inspectors employed by Anoka County or
the State of Minnesota acting in the course of the scope of their employment.
(f) Underage Person: The term "Underage Person" means a person who is under the
legal drinking age as provided by Minnesota Statutes Chapter 340A.
(9) liquor: As used in this ordinance, without modification by the words "intoxicating"
or 3.2 percent malt" includes both intoxicating liquor and 3.2 percent malt liquor.
(h) Restaurant: Restaurant means an eating facility, other than a hotel, under the
control of a single proprietor or manager, where meals are regularly prepared on the
premises, where full waitresslwaiter table service is provided, where a customer orders
food from printed menus and where the main food course is served and consumed
while seated at a single location. To be a restaurant as defined by this tern in this
ordinance, an establishment shall have a license from the state as required by
M.S.157.16 as it may be amended from time to time, and meet the definition of either a
"small establishment" as defined in M.S.157.16, subd.3d. as it may be amended from
time to time. An establishment which serves prepackaged food that receives heat
treatment and is served in the package or frozen pizza that is heated and served, shall
not be considered to be a restaurant for the purposes of this chapter unless it meets theÖdefinitions of "small establishment", "medium establishment", or "large establishment".
Section 4. NUDITY ON THE PREMISES OF LICENSED ESTABLISHMENTS IS
PROHIBITED
(a) The City Council finds that it is in the best interests of both public health, safety and
general welfare of the people of the city that nudity is prohibited as provided in this
section on the premises of any establishment licensed under this ordinance. This is
to protect and assist the owner, operators, and employees of the establishment, as
well as patrons and the public in general, from harm stemming from the physical
immediacy and combination of alcohol, nudity, and sex. The Council especially
intends to prevent any subliminal endorsement of sexual harassment or activities
likely to lead to the possibility of various criminal conduct, including prostitution,
sexual assault, and disorderly conduct. The Council also finds that the prohibition of
nudity on the premises of any establishment licensed under this ordinance, as set
forth in this section, reflects the prevailing community standards of the city.
(b) It is unlawful for any licensee to permit or allow any person or persons on the
licensed premises when the person does not have his or her buttocks, anus, breasts
and genitals covered with a non-transparent material. It is unlawful for any person
to be on the licensed premises when the person does not have his or her buttocks,
anus, breasts and genitals covered with a non-transparent material.
(c) A violation of this section is a misdemeanor punishable as provided by law, and is
justification for revocation or suspension of any liquor, wine, or 3.2 percent malt
liquor license or the imposition of a civil penalty under the prOVisions of this
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.
Section 6. NUMBER OF LICENSES WHICH MAY BE ISSUED
State law establishes the number of liquor licenses that a city may issue. However, the
number of licenses which may be granted under this ordinance is limited to the number
of licenses which were issued as of the effective date of this ordinance, even if a larger
number of licenses are authorized by law or election.
The Council in its sound discretion may provide by ordinance that a larger number of
licenses may be issued up to the number of licenses authorized by Minnesota Statutes
Chapter 340A, as it may be amended from time to time. If a larger number of licenses
in a particular category has been authorized by referendum held under the provisions of
M.S.340A.413, subd.3, as it may be amended from time to time, but not all have been
issued, the larger number of licenses is no longer in effect until the Council by ordinance
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determines that any or all of the licenses may be issued. The Council is not required to
issue the full number of licenses available.
Section 7. TERM AND EXPIRATION OF LICENSES
No person, except as otherwise provided in Minnesota Statutes Chapter 340A shall
directly or indirectly deal in, sell, keep for sale or deliver any intoxicating liquor, 3.2
percent malt liquor, or wine as part of a commercial transaction without first having
received a license to do so as provided in this ordinance; nor shall any private club or
public place, directly or indirectly, or upon any pretense or by any device, allow the
consumption or display of intoxicating liquor or serve any liquid for the purpose of
mixing with intoxicating liquor without first obtaining a license from the City as provided
in this ordinance.
Each license shall be issued for a maximum period of one year. All licenses except
temporary licenses, shall expire on January 31 of each year unless another date is
provided by ordinance. All licenses shall expire on the same date. Temporary licenses
expire according to their terms. Consumption and display permits issued by the
Commissioner of Public Safety and the accompanying city consent to the permit, shall
expire on March 31 of each year.
Section 8. KINDS OF LIQUOR liCENSES
The fol/owing types of licenses may be issued up to the number specified in Section 6 of
this ordinance:
A. On-Sale 3.2 Percent Malt liquor License.
On-sale 3.2 percent malt liquor licenses which may be issued only to restaurants,
hotels, clubs, bowling centers and establishments used exclusively for the sale of 3.2
percent malt liquor with the incidental sale of tobacco and soft drinks.
B. Off-Sale 3.2 Percent Malt Liquor License
C. Temporary 3.2 Percent Malt Liquor license
Temporary 3.2 percent malt liquor licenses which may be issued only to a club,
charitable, religious, or nonprofit organization.
D. Off-Sale Intoxicating liquor License
Off-sale intoxicating liquor licenses, which may be issued only to exclusive liquor stores
or drug stores that have an off-sale license which was first issued on or before May 1,
1994. The fee for an off-sale intoxicating liquor license established by the Council
under Section 9 shall not exceed $100 or a greater amount which may be permitted by
M.S. 340A.408, subd. 3, as it may be amended from time to time.
E. On-Sale Intoxicating Liquor License.
On-sale intoxicating liquor licenses, which may be issued to the following
establishments as defined in M.S. 340A.101, as it may be amended from time to time,
and this ordinance: hotels, restaurants, bowling centers, clubs, or congressionally
chartered veterans organizations and exclusive liquor stores. Club licenses may be
issued only with the approval of the Commissioner of Public Safety. The fee for club
licenses established by the Council under Section 9 of this ordinance, shall not exceed
the amounts provided for in M.S. 340A.408, subd. 2(b), as it may be amended from time
to time.
The Council may in its sound discretion authorize a retail on-sale licensee to dispense
intoxicating liquor of the licensed premises at a community festival held within the city
under the provisions of M.S.340.404, subd. 4b, as it may be amended from time to time.
The Council may in its sound discretion authorize a retail on-sale licensee to dispense
intoxicating liquor off the licensed premises at any convention, banquet, conference,
meeting, or social affair conducted on the premises of a sports, convention or cultural
facility owned by the city, under the provisions of M.S.340.404, subd. 4a, as it may be
amended from time to time; however, the licensee is prohibited from dispensing
intoxicating liquor to any person attending or participating in an amateur athletic event
being held on the premises.
F. On-Sale Sunday Liquor License
On-sale Sunday liquor licenses which may be issued only after authorization to do so by
voter approval at a general or special election as provided by M.S. 340A.504, subd. 3,
as it may be amended from time to time. Sunday on-sale intoxicating liquor licenses
may be issued only to a restaurant, as defined in Section 3 of this ordinance, club,
bowling center, or hotel, which has a seating capacity of at least 30 persons, which
holds an on-sale intoxicating liquor license, and which serves liquor only in conjunction
with the service of food. The maximum fee for this license which shall be established by
Council under the provisions of Section 9 of this ordinance, shall not exceed $200, or
the maximum amount provided in M.S. 340A.504, subd 3c, as it may be amended from
time to time.
G. Combination on-sale I off-sale intoxicating liquor license
This license may be issued if the City has a population less than 10,000.
H. On-Sale Temporary Intoxicating Liquor License
Temporary on-sale intoxicating liquor licenses, with the approval of the Commissioner of
Public Safety, which may be issued only in connection with a social event sponsored by
a club, charitable, religious, or other nonprofit corporation that has existed for at least
three years. No license shall be for longer than four consecutive days, and the City
shall issue no more than 12 days worth of temporary licenses to anyone organization in
one calendar year.
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I. On-Sale Wine License
On-sale wine licenses which may be issued with the approval of the Commissioner of
Public Safety to: restaurants having facilities for seating at least 25 people at one time
and meet the criteria of M.S. 340A.404, subd. 5, as it may be amended from time to
time, and which meet the definition of a restaurant in Section 3 of this ordinance; and to
licensed bed and breakfast facilities which meet the criteria in M.S.340A401, subd. 1 as
it may be amended from time to time. The fee for an on-sale wine license established
by the Council under the provisions of Section 9 of this ordinance shall not exceed one-
half of the license fee charged for an on-sale intoxicating liquor license. The holder of
an on-sale wine license who also holds an on-sale 3.2 percent malt liquor license is
authorized to sell malt liquor with a content over 3.2 percent (strong beer) without an
additional license.
J. One day consumption and display permits
One day consumption and display permits with the approval of the Commissioner of
Public Safety to a nonprofit organization in conjunction with a social activity in the city
sponsored by the organization.
K. Approval of the Issuance of a Consumption and Display by the Commissioner
of Public Safety
The maximum amount of the additional fee which may be imposed by the Council on a
person who has been issued a consumption and display permit under the provisions of
Section 9 of this ordinance shall not exceed $300, or the maximum amount permitted by
M.S. 340A 14, subd. 6 as it may be amended from time to time. Consumption and
display permits shall expire on March 31 of each year.
Section 9. LICENSE FEES; PRO RATA; PAYMENT; REFUNDS
RETAIL LICENSE FEES
Annual Fees. The annual fees for all licenses and temporary licenses are set forth by
Council Resolution in January of each year.
A. No license or other fee established by the city shall exceed any limit established by
M.S.340A, as it may be amended from time to time, for a liquor license.
B. The Council may establish from time to time by ordinance or resolution the fee for
any of the liquor licenses it is authorized to issue. The license fee may not exceed the
cost of issuing the license and other costs directly related to the enforcement of the
liquor laws and this ordinance. No liquor license fee shall be increased without
providing mailed notice of a hearing on the proposed increase to all affected licensees
at least 30 days before the hearing.
Prorated Fees
C. The fee for all licenses, except temporary licenses, granted after the
commencement of the license year shall be prorated on a quarterly basis.
Payment
D. All license fees shall be paid in full at the time the application is filed with the city. If
the application is denied, the license fee shall be returned to the applicant.
Refunds
E. License fees shall be refunded if an application for a license is denied by the City
Council, except where rejection is for a willful misstatement in the license application.
No part of the fee paid for any issued license shall be refunded except as authorized
under Minnesota Statutes Section 340A.408, subd. 5, upon application to the City Clerk
within 20 days of the happening of any event provided under Minnesota Statutes
Section 340A.408, subdivision 5.
Section 10. COUNCIL DISCRETION TO GRANT OR DENY A LICENSE
The Council in its sound discretion may either grant or deny the application for any
license or for the transfer or renewal of any license. No applicant has a right to a
license under this ordinance.
Section 11. APPLICATION FOR LICENSE
A. Form. Every application for a license issued under this ordinance shall be on a form
provided by the city. Every application shall state the name of the applicant, the
applicant's age, representations as to the applicant's character, with references as
the Council may require, the type of license applied for, the business in connection
with which the proposed license will operate and its location, a description of the
premises, whether the applicant is owner and operator of the business, how long the
applicant has been in that business at that place, and other information as the
Council may require from time to time. An application for an on-sale intoxicating
liquor license shall be in the form prescribed by the Commissioner of Public Safety
and shall also contain the information required in this section. The form shall be
verified and filed with the city. No person shall make a false statement in an
application.
B. Financial Responsibility. Prior to the issuance of any license under this ordinance,
the applicant shall demonstrate proof of financial responsibility as defined in
M.S.340A.409, as it may be amended from time to time, with regard to liability under
M.S.340A.801. as it may be amended from time to time. This proof will be filed with
the City and Commissioner of Public Safety. Any liability insurance policy filed as
proof of financial responsibility under this section shall conform to M.S. 340A.409, as
it may be amended from time to time. Operation of a business which is required to
be licensed by this ordinance without having on file with the city at all times proof of
financial responsibility to include liquor liability/dram shop. general liability, and
workers compensation insurance coverage is a cause for revocation of the license.
a. Liquor Liability/Dramshop Proof of financial responsibility shall be given by
filing one of the following:
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1. A certificate that there is in effect an annual aggregate insurance policy for
dram shop insurance of not less than $300,000 per policy year to cover each
person, each occurrence, property damage each occurrence, loss of means of
support per person, loss of means of support each occurrence, and policy
aggregate; or
2. A certificate of the State Treasurer that the licensee has deposited with him
$100,000 in cash or securities which may legally be purchased by savings banks
or trust funds having a market value of $100,000.
b. General Liability
Proof of financial responsibility shall be given by filing a certificate that there is in
effect for the license period an insurance policy or pool providing at least $50,000
of coverage because of bodily injury to anyone person in anyone occurrence,
$100,000 because of bodily injury to two or more persons in anyone occurrence,
$10,000 because of injury to or destruction of property of others in anyone
occurrence, $50,000 for loss of means of support of anyone person in anyone
occurrence, and $100,000 for loss of means of support of two or more persons in
anyone occurrence.
c. Workers' Compensation Insurance
The policy limits for workers' compensation insurance shall be as provided for by
state law.
d. Additional Requirements
The liability insurance required by this section must provide that it may not be
canceled for any cause by either the insured or the insurer unless the canceling
party has first given ten days' notice in writing to the City of intent to cancel the
policy.
All corporations, partnerships, and associations must designate an Operating Manager.
The Operating Manager must be a person designated by the licensed premises who is
in charge of day-to-day liquor sales.
Execution of Application
If the application is by an individual, it shall be signed and sworn to by such person; if by
a corporation, by an officer thereof; if by a partnership, by one of the partners; if by an
incorporated association, by the operating officer or managing officer thereof. If the
applicant is a partnership, the application, license, and insurance policy shall be made
and issued in the name of all partners. It shall be unlawful to make any false statement
in an application. Falsification is a cause for revocation or denial of the license.
Section 12. DESCRIPTION OF PREMISES
The application shall specifically describe the compact and contiguous premises within
which liquor may be dispensed and consumed. The description may not include any
parking lot or sidewalk.
Section 13. APPLICATIONS FOR RENEWAL
At least 90 days before a license issued under this ordinance is to be renewed, an
application for renewal shall be filed with the city. The decision whether or not to renew
a license rests with the sound discretion of the Council. No licensee has a right to have
the license renewed.
The general procedure for renewal is as follows:
A. The city will mail all application forms by September 30 with a letter stating the
timeframes and requirements for completion of the application process. The form
used will be the Minnesota Department of Public Safety Renewal of Liquor, Wine of
Club License (form PS9093-98 or the most current form used by Alcohol and
Gambling Enforcement).
B. Licensees will return the required forms to the city by October 30.
C. Applicants are responsible to verify information on citations and violations with the
Chief of Police prior to October 30 and submission to the city.
D. The Council shall hold a public hearing(s) each year at the first scheduled Council
meeting in November to review and hear testimony by any interested individual or
party concerning the renewal of liquor licenses. This process allows for appeal of a
denied license and the required approval from the state prior to the January 31
license expiration date.
E. Approvals are contingent upon licensee proof of required payment of insurances,
property taxes, and utility bills.
F. Renewal applications for an on-sale license for a restaurant shall include a Certified
Public Accountant statement showing total sales, food sales, liquor sales, and
percentage of total sales for the previous year. The Council shall not renew the
license unless at least forty (40%) percent of the establishment's annual gross sales
is from the serving of prepared food.
G. The application shall specifically describe the compact and contiguous premises
within which liquor may be dispensed and consumed. The description may not
include any parking lot or sidewalk.
H. The Chief of Police is required to provide Council by October 15 each year, a
summary of officer calls and the nature of those calls to licensed establishments.
The Chief of Police is also required to report a graphical depiction of alcohol related
issues such as citations and arrests for Driving Under the Influence or alcohol
related infractions for the previous 3 year period.
I. The City Administrator shall verify all information prior to issuing a license.
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Section 14. TRANSFER OF LICENSE
No license issued under this ordinance may be transferred without the approval of the
Council. Any transfer of stock of a corporate licensee is deemed to be a transfer of the
license, and a transfer of stock without prior Council approval is a ground for revocation
of the license. An application to transfer a license shall be treated the same as an
application for a new license, and all of the provisions of this ordinance applying to
applications for a license shall apply.
Death of Licensee
In the event of the death of a person holding a license, the personal representative of
that person shall be allowed to continue to operate the business within the terms of the
license for a period not to exceed 90 days after the death of the licensee.
Section 15. INVESTIGATION
A. Preliminary background and financial investigation
On an initial application for a license, on an application for transfer of a license and, in
the sound discretion of the Council that it is in the public interest to do so, on an
application for renewal of a license, the city shall conduct a preliminary background and
financial investigation of the applicant or it may contract with the Commissioner of
Public Safety for the investigation. The applicant shalf pay with the application an
investigation fee of $500 which shall be in addition to any license fee. If the cost of the
preliminary investigation is less than $500, the unused balance shalf be returned to the
applicant. The results of the preliminary investigation shall be sent to the Commissioner
of Public Safety if the application is for an on-sale intoxicating liquor license or an on-
sale wine license.
B. Comprehensive background and financial investigation
If the results of the preliminary investigation warrant, in the sound discretion of Council,
a comprehensive background and financial investigation, the Council may either
conduct the investigation itself or contract with the Commissioner of Public Safety for
the investigation. The investigation fee for this comprehensive background and
financial investigation to be paid by the applicant shall be $500, less any amount paid
for the initial investigation if the investigation is to be conducted within the state, and
$10,000, less any amount paid for the initial investigation, in the investigation is required
outside the state. The unused balance of the fee shall be returned to the applicant
whether or not the application is denied. The fee shall be paid in advance of any
investigation and the amount actually expended on the investigation shall not be
refundable in the event the application is denied. The results of the comprehensive
investigation shall be sent to the Commissioner of Public Safety if the application is for
an on-sale intoxicating liquor license or an on-sale wine license.
Section 16. HEARING AND ISSUANCE
The Council shall investigate all facts set out in the application and not investigated in
the preliminary or comprehensive background and financial investigations. Opportunity
shall be given to any person to be heard for or against the granting of the license at the
first scheduled Council meeting in November for renewals or at the time of review for a
new application. After the investigation and hearing, the Council in its sound discretion
grant or deny the application. No license shall become effective until the proof of
financial security has been approved by the Commissioner of Public Safety.
Should the City Council deny the applicant's request for a license due, partially or solely,
to the applicant's prior conviction of a crime, the City Council shall notify the applicant of
the grounds and reasons for the denial; the applicable complaint and grievance
procedure as set forth in Minnesota Statutes, Section 364.06; the earliest date the
applicant may reapply for a license; and that all competent evidence of rehabilitation will
be considered upon reapplication.
Section 17. RESTRICTIONS ON ISSUANCE
A. Each license shall be issued only to the applicant for the premises described in the
application.
B. Not more than one license shall be directly or indirectly issued within the city to any
one person.
C. No license shall be granted or renewed for operation on any premises on which
taxes, assessments, utility charges, service charges or other financial claims of the
city are delinquent and unpaid.
D. No license shall be issued for any place or business ineligible for a license under
state law.
E. No license shall be issued to any person who is not a resident of the state. If the
applicant is a corporation, all of the shareholders shall be residents of the state. The
provisions of this paragraph shall not apply to any existing license existing on the
effective date of this ordinance or to the renewal of an existing license.
F. No license shall be granted within 500 feet of any school or church. The distance is
to be measured from the closest side of the church or school to the closest side of
the structure on the premises within which liquor is to be sold. The provisions of this
paragraph shall not apply to any existing license existing on the effective date of this
ordinance or to the renewal of an existing license as long as the establishment is in
compliance with applicable zoning regulations.
Section 18. CONDITIONS OF LICENSE
Every licensee is responsible for the conduct of the place of business and the conditions
of sobriety and order in it. The act of an employee on the licensed premises is deemed
the act of the licensee as well, and the licensee shall be liable to all penalties provided
by this ordinance and the law equally with the employee. Every licensee shall also
cooperate with the City in controlling activity attributable to the business in surrounding
areas.
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The failure of the licensee to meet anyone of the conditions of the license specified
below shall result in suspension of the license until the condition is met.
A. Every licensee shall allow any peace officer, health officer, city employee or any
other person designated by the Council to conduct compliance checks and to
otherwise enter, inspect, and search the premises of the licensee during business
hours and after business hours during the time when customers remain on the
premises without a warrant.
B. No on-sale establishment shall display liquor to the public during the hours when the
sale of liquor is prohibited.
C. Compliance with financial responsibility requirements of state law and this ordinance
is a continuing condition of any license.
Section 19. HOURS AND DAYS OF SALE
A. The hours of operation and days of sale shall be as those set by M.S. 340A.504, as
it may be amended from time to time.
B. No person shall consume nor shall anyon-sale licensee permit any consumption of
intoxicating liquor or 3.2 percent malt liquor in an on-sale licensed premises more than
30 minutes after the time when a sale can legally occur.
C. No on-sale licensee shall permit any glass, bottle, or other container containing
intoxicating liquor or 3.2 percent malt liquor to remain upon any table, bar, stool or other
place where customers are served, more than 30 minutes after the time when a sale
can legally occur.
O. No person other than the licensee and any employee, shall remain on the on-sale
licensed premises more than 30 minutes after the time when a sale can legally occur.
E. Any violation of any condition of this section may be grounds for revocation of
suspension of the license.
Section 20. RESTRICTIONS INVOLVING UNDERAGE PERSONS
A. No licensee, his agent, or employee shall serve or dispense upon the licensed
premises any intoxicating or 3.2 percent malt liquor to a person under the legal drinking
age; nor shall such licensee, or his agent or employee, permit any such person to be
furnished or allowed to consume any such liquors on the licensed premises; nor shall
such licensee, his agent, or employee, permit any such person to be delivered any such
liquors.
8. No person under the legal drinking age shall enter a licensed premises for the
purpose of purchasing or consuming any alcoholic beverage. It is not unlawful for any
person who has attained the age of 18 years to enter licensed premises for the following
purposes:
1) to perform work for the establishment;
2) to consume meals on the premises that qualify as a restaurant; or
3) to attend social functions that are held in a portion of the establishment where
liquor is not sold.
C. No person under the legal drinking age shall consume or receive delivery of
intoxicating or 3.2 percent malt liquor.
D. No person under the legal drinking age shall possess any intoxicating or 3.2 percent
malt liquor. Possession of an alcoholic beverage by a person under the legal
drinking age at a place other than the household of the parent or guardian is prima
facie evidence of intent to consume it at a place other than the household of the
person's parent or guardian.
E. Misrepresenting Age
No underage person shall misrepresent the person's age for the purpose of obtaining
intoxicating liquor or 3.2 percent malt liquor, nor shall the person enter any premises
licensed for the retail sale of intoxicating liquor or 3.2 percent malt liquor for the
purposes of purchasing or having served or delivered any alcoholic beverage. Nor shall
any such person purchase, attempt to purchase, consume, or have another person
purchase for the underage person any intoxicating liquor or 3.2 percent malt liquor.
F.ldentification Requirements
1. Identification Required
Any person shall, upon demand of the licensee, his employee, or agent, produce
and permit to be examined one of the forms of identification provided under
Minnesota Statutes Section 340A.503, subdivision 6.
2. Prima Facie Evidence
In every prosecution for a violation of the provisions of this section relating to the
sale or furnishing of intoxicating liquor or 3.2 percent malt liquor beverages to
underage persons and in every proceeding before the Council with respect
thereto, the fact that the underage person involved has obtained and presented
to the licensee, his employee or agent, a driver's license, passport or
identification card from which it appears that said person was not an underage
person and was regularly issued such identification card, shall be prima facie
evidence that the licensee, his agent or employee is not guilty of a violation of
such a provision and shall be conclusive evidence that a violation, if one has
occurred, was not willful or intentional.
Employment of Persons Under Eighteen Years of Age
No person under eighteen (18) years of age shall be employed in any rooms
constituting the place where intoxicating liquors or 3.2 percent malt liquor are sold at
retail on-sale, except that persons under the age of 18 may be employed as musicians
or to perform the duties of a bus person or dishwashing services in places defined as a
restaurant, hotel, motel, or other multipurpose building serving food in rooms in which
intoxicating liquors or 3.2 percent malt liquor are sold at retail on-sale.
Section 21. RESTRICTIONS ON PURCHASE AND CONSUMPTION
No person shall mix or prepare liquor for consumption in any public place of business
unless it has a license to sell on-sale, or a permit from the Commissioner of Public
Safety under the provisions of M.S.3401.414, as it may be amended from time to time,
which has been approved by the Council, and no person shall consume liquor in any
such place.
Section 22. REVOCATION OR SUSPENSION OF LICENSE
The Council may suspend or revoke any license for the sale of intoxicating or 3.2
percent malt liquor for any of the following reasons:
A. False or misleading statements made on a license application or renewal, or failure
to abide by the commitments, promises or representations made to the City Council.
B. Violation of any special conditions under which the license was granted, including,
but not limited to, the timely payment of real estate taxes, and all other charges.
C. Violation of any Federal, State, or local law regulating the sale of intoxicating liquor,
3.2 percent malt liquor, or controlled substance.
D. Creation of a nuisance on the premises or in the surrounding area.
E. That the licensee suffered or permitted illegal acts upon the licensed premises or on
property owned or controlled by the licensee adjacent to the licensed premises,
unrelated to the sale of intoxicating liquor or 3.2 percent malt liquor.
F. That the licensee had knowledge of illegal acts upon or attributable to the licensed
premises, but failed to report the same to the police.
G. Expiration or cancellation of any required insurance, or failure to notify the City within
a reasonable time of changes in the term of the insurance or the carriers.
Section 23. HEARING NOTICE FOR REVOCA liON OR SUSPENSION OF liCENSE
Revocation or suspension of a license by the City Council shall be preceded by public
hearing conducted in accordance with Minnesota Statutes Section 14.57 to 14.70. The
City Council may appoint a hearing examiner or may conduct a hearing itself. The
hearing notice Shall be given at least 10 days prior to the hearing, inClude notice of the
time and place of the hearing, and state the nature of the charges against the licensee.
Section 24. PROHIBITED CONDITIONS
A. Prostitution. No licensee shall knowingly permit the licensed premises or any room
in those premises or any adjoining building directly under the licensee's control to be
used by prostitutes.
B. Controlled Substances. No licensee shall knowingly permit the sale, possession or
consumption of controlled substances on the licensed premises in violation of state law.
C. Gambling. Gambling and gambling devices, with the exception of licensed charitable
gambling organizations, are not permitted on licensed premises. State lottery tickets
may be purchased and sold within licensed premises as authorized by the director of
the state lottery.
Section 25. INACTIVE LICENSE
The City Council may revoke the intoxicating liquor or 3.2 percent malt liquor license of
any establishment granted a license that is not under construction and exhibiting
satisfactory progress toward completion within 6 months from its issuance, or any
establishment that ceases operation for a period of 6 months. A hearing shall be held to
determine what progress has been made toward opening or reopening the
establishment and, if satisfactory progress is not demonstrated, the Council may revoke
the license.
Section 26. BUILDING CHANGES
Proposed enlargement or substantial alteration which changes the character of the
establishment, or extension of premises previously licensed shall be reported to the City
Clerk at or before the time application is made for a building permit for any such
change. The enlargement, substantial alteration or extension shall not be allowed
unless the Council approves an amendment to the license.
Section 27. PUBLIC CHARACTER OF LIQUOR SALES
No sale of liquor shall be made to or in guest rooms of hotels unless:
1. the rules of such hotel provide for the service of meals in guest rooms;
2. the sale of such liquor is made in the manner on-sales are required to be
made;
3. such sale accompanies and is incidental to the regular service of meals to
guests therein;
4. the rules of such hotel and the description, location, and number of such guest
rooms are fully set out in the application for the liquor license.
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Section 28. PRESUMPTIVE CIVIL PENAL TIES
A. Purpose. The purpose of this Section is to establish a standard by which the City
Council determines the length of license suspensions and the propriety of
revocations, and shall apply to all premises licensed under this ordinance. These
penalties are presumed to be appropriate for every case; however, the Council may
deviate in an individual case where the Council finds that there exist substantial
reasons making it more appropriate to deviate, such as, but not limited to, a
licensee's efforts in combination with the State or City to prevent the sale of alcohol
to minors. When deviating from these standards, the Council will provide written
findings that support the penalty selected.
B. Minimum Penalties for Violations. The minimum penalties for convictions or
violations must be presumed as follows (unless specified, numbers below indicate
consecutive days' suspension):
The following violations require revocation of the license on the first violation.
· Commission of a felony related to the licensed activity
· Sale of alcoholic beverages while license is under suspension.
· Sale of intoxicating liquor where only license is for 3.2 percent malt liquor.
Best Practices Establishments
Establishments entering into an agreement with the Police Department as a Best
Practice Establishment will use the Best Practices violation grid as described in this
ordinance.
The following violations fall under this violation grid broken down by type of license.
. Sale of alcoholic beverages to under-age persons.
· Sale of alcoholic beverages to obviously intoxicated person.
· After hours salefdisplayfconsumption of alcoholic beverage.
· Illegal gambling on premises.
· Failure to take reasonable steps to stop person from leaving premises with
alcoholic beverages (on-sale allowing off-sale).
BEST PRACTICES PENAL TV GRID:
Type of First Second Third
license Violation Violation Violation
On-sale $500 $1,000 and Return to regular penalty grid
Intoxicating 5 Days and Off Best Practices for one
Liquor Suspension year
Stayed
Off-sale $500 $1,000 and Return to regular penalty grid
Intoxicating 3 Days and Off Best Practices for one
Liquor Suspension year
Stayed
On-sale $500 $1,000 and Return to regular penalty grid
Beer and 10 Days and Off Best Practices for one
Wine Suspension year
Stayed
Off-sale $1,000 $1,500 and Return to regular penalty grid
3.2 Malt 10 Days and Off Best Practices for one
Suspension year
Stayed
Any violation not listed in the previous information would be heard by the Council and
they would review all information and circumstances and determine a penalty with the
maximum fine of $2,000 and/or 60-day suspension or determine the license should be
revoked.
First violations would be handled by an administrative hearing with the Police Chief or
his/her designee with the presumptive penalty given to license holders. For Best
Practice establishments first and second violations would be handled by an
administrative hearing with the Police Chief or his/her designee and the City
Administrator or hislher designee.
license holders have the right to request a hearing before the City Council if not in
agreement with the presumptive penalty. The Police Chief or City Administrator also
have the right to request a hearing before the CounCil if he/she/they believe there exists
substantial reason making it appropriate to deviate from the presumptive penalty. If the
Police Chief/City Administrator and licensee agree on the presumptive penalty, these
will be reported to the City Council in a staff report.
c. Multiple Violations. At a licensee's first appearance before the Council, the Council
must act upon all of the violations that have been alleged in the notice sent to the
licensee. The Council in that case must consider the presumptive penalty for each
violation under the first appearance column in subsection (B) above. The occurrence of
multiple violations is grounds for deviation from the presumed penalties in the Council's
discretion.
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D. Subsequent Violations. Violations occurring after the notice of hearing has been
mailed, but prior to the hearing, must be treated as a separate violation and dealt with
as a second appearance before the Council, unless the City Administrator and licensee
agree in writing to add the violation to the first appearance. The same procedure applies
to a second, third, or fourth appearance before the Council.
E. Subsequent Appearances. Upon a second, third, or fourth appearance before the
council by the same licensee, the Council must impose the presumptive penalty for the
violation or violations giving rise to the subsequent appearance without regard to the
particular violation or violations that were the subject of the first or prior appearance.
However, the Council may consider the amount of time elapsed between appearances
as a basis for deviating from the presumptive penalty imposed by this Section.
F. Computation of Violations. Multiple violations are computed by checking the time
period of the three years immediately prior to the date of the most current violation.
G. Other Penalties. Nothing in this Section shall restrict or limit the authority ofthe
council to suspend up to sixty (60) days, revoke the license, impose a civil fine not to
exceed two thousand dollars ($2,000.00), to impose conditions, or take any other action
in accordance with law; provided, that the license holder has been afforded an
opportunity for a hearing in the manner provided in this Chapter.
H. Notification. If a licensed establishment is cited for a violation of this ordinance, the
Chief of Police must provide a letter of notification to the licensee and the City Council
through the City Administrator within 5 business days after the violation occurred.
The Best Practices Progam
Each licensee's participation can be customized to help fit their business. While there
are mandatory criteria, businesses chose elective criteria as long as they meet the
minimum required points for participation. The agreement is then signed by the
licensee and key managers or operators of the establishment and the Police Chief, City
Administrator, and Mayor. By establishing this program, the goal of the City of
Centerville is: No Alcohol Sales to Minors. The City also wishes to enter into
proactive practices in alignment with the Community Policing Philosophy to prevent and
solve enforcement issues.
There are (4) four required criteria for participation in the Best Practice program for
establishments.
1. They must first agree to the annual inspection I background investigation to ensure
criteria are being met.
2. They must commit to a minimum of 75% of their employees trained by the Police
Department. The training program options are covered in a later section. The 75%
figure allows for the issue of employee turnover, but key personnel must be trained.
3. The establishment must have a program in place for on-going training of new and
current employees.
4. A yearly meeting with managers gives the police department the opportunity to sit
down with the on-site managers to go over any problems, concerns, or issues on
either side for a better working relationship. If in the opinion of the Chief of Police or
City Administrator a licensee is not acting in good faith, the licensee will not be
allowed to participate in the Best Practices Program.
There are several elective criteria in the program:
. The establishment has a policy in place requiring identification checks on all
customers who do not appear to be at least 40 years of age on all alcohol
purchases.
. The establishment has a reward program in place for employees who find underage
people attempting to purchase and turn them into the police.
. The establishment has an automated 10 card scanner system in place.
. The establishment has an internal compliance check program in place which has
been approved by the police department. These programs usually involve using
individuals who are old enough to purchase but do not appear so, to see if they are
checked for identification.
. Pre-agreement to meet immediately on compliance check violations. The police
department waits for the criminal court process on the clerks who are charged to be
completed before handling the administrative fine process with the business. In this
option, the licensee agrees to meet on the administrative process without waiting for
the criminal court process to be completed which speeds up the process as often the
court process can take several months.
. Pre-agreement to work on secondary sales. This is an enforcement project to work
with police on individuals old enough to purchase themselves who purchase for
others who are underage.
Compliance Checks
The Police Department shall conduct two compliance checks each year for Best
Practices establishments and a third compliance check is authorized at any
establishment that failed a compliance check.
The Police Department is authorized to conduct frequent compliance checks at
establishments not participating in the Best Practices Program.
The City will allow any independent apprehension of a minor attempting to purchase
that leads to charges to count as a pass for one of their two compliance checks for that
year.
Recognition and Community Education
Recognition and community education are critical components of this project. Everyone
can take pride in prevention of underage consumption. This ordinance establishes a
recognition program at City expense to include:
. Letters of Recognition to individual employees by officers at the time of the passed
compliance check with a Letter of Thanks to the licensed establishment.
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· Each establishment that passes both compliance checks within a year will be given
a framed certificate recognizing their achievement.
· Annually, those establishments passing both compliance checks will be recognized
in the Quad Press and Hugonian with a letter of thanks from the Council for the
establishment's excellent prevention efforts focused on underage alcohol
consumption.
· Signage indicating a "Best Practice" license holder provided by the City for posting, a
5% discount on license renewal fees, and a separate penalty grid for violations
· Best Practice establishments with a 3-year history of no compliance check failures,
shall be designated "Gold Star Best Practice" license holders. They will receive
signage by the City and receive a 10% discount on license renewal fees. Ifthey
have a compliance check failure, they follow the Best Practice penalty grid, and
return to "Best Practice" establishment status.
· Both the Police Department and City Administrator are encouraged to work with the
school district and other organizations to educate citizens about the program and the
preventive efforts of the Best Practices Program.
· Both the Police Department and City Administrator are encouraged to work with
licensee's for additional opportunities to recognize prevention results.
Training Program
The Police Department shall designate a Best Practices Program Coordinator. The
Coordinator will focus on liaison with licensed establishments and the City
Administrator. The coordinator will provide opportunities to train employees using the
TIPS program (Training for Intervention ProcedureS). TIPS is a national education
program for alcohol servers. It is a five-hour course which presents to employees a new
approach to dealing with others. The program uses three methods of instruction;
Section 1 -Information
Section 2 - Skills Training
Section 3 - Practice and Rehearsal
At the end of the training, each server must take and pass an examination. They will
receive a 3 year certification through TIPS. The Police Department will offer the training
free of charge to Best Practice licensees and charge to reimburse expenses for
licensees not participating in the Best Practice Program. The Police Department will
work with licensees to provide training at convenient times.
The Police Department will also offer a two-hour short course that explains the
ordinance, state statutes, how to check for identification, and how to refuse service to
patrons. The Police Department will offer the training free of charge to Best Practice
licensees and charge to reimburse expenses for licensees not participating in the Best
Practice Program. The Police Department will work with licensees to provide training at
convenient times.
Page 1
Best Practice Agreement
City of Centerville
U-21 Project
Please print and use pen
Is a business, operating in the City of Centerville with an [on-sale off-sale] [intoxicating
wine wine/strong beer malt) liquor license agrees to be a "Best Practices"
establishment.
With this agreement we understand we must agree to several of the following items,
including the first four mandatory items, to a total point value of at least 100 points.
Selected Points Item Description
Items
Mandatory 15 Inspection and investigation to ensure criteria are
being met by Police Department and City
Administrator
Mandatory 10 Minimum 75% of employees trained by Police
Department
Mandatory 10 Program in place for on-going training of new and
current employees
Mandatory 15 Yearly meeting between designated Operating
Managers, Owners, and Police Department
personnel
25 Participation in TIPS training program with
minimum set number of employees certified
10 Policy requiring identification checks for anyone
appearinQ to be 40 years of aQe or under
10 Employee reward program for rewarding
employees who catch underage persons
attemptinQ to purchase
20 Automated identification card scanner system
10 Approved internal compliance check program
25 Preagreement to meet immediately on violations
(meet with Police Department and City
Administrator immediately instead of waiting for
criminal court proceedings)
10 Pre-agreement to work with Police Department
on secondary sales
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Practice Agreement
I of Centerville
l1 Project
.lusiness Address:
Business Phone:
All owners and operating managers please sign, date, and provide a home phone
or other reliable contact number.
Signature
Date
Phone
Signature
Date
Phone
Signature
Date
Phone
For the City of Centerville
Signature
Chief of Police
Date
Phone
Signature
City Administrator
Date
Phone
Signature
Mayor
Date
Phone
Licensed establishments that choose not to participate in the Best
Practices U21 Program or are found in violation for a third time will follow
the regular penalty grid listed below.
Regular Penalty Grid:
Type of First Second Third Fourth
License Violation Violation Violation Violation
On-sale $500 and $1,000 and $2,000 and
Intoxicating 5 Days 10 Days 15 Days Revocation
Liquor Susoension Suspension Suspension
Off-sale $500 and $1,000 andc $2,000 and
Intoxicating 3 Days 7 Days 12 Days Revocation
Liauor Susoension Susoension Susoension
On-sale $500 and $1,000 and $2,000 and
Beer and 5 Days 10 Days 15 Days Revocation
Wine Susoension Suspension Suspension
Off-sale $1,000 and $1,500 and $2,000 and
3.2 Malt 10 Days 20 Days 40 Days Revocation
Susoension Susoension Susoension
Section 29. EFFECTIVE DATE
This ordinance shall be effective immediately upon the date of its publication.
Adopted by the City Council of Centerville this
day of
,2002.
Tim Swedberg
Mayor
Attested:
Teresa Bender
City Clerk