HomeMy WebLinkAbout2004-11-10 CC Meeting (2)
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WORK SESSION
CITY COUNCIL MEETING
Wednesday, November 10,2004
5:30 & 6:30 P.M.
L CALL TO ORDER
II. DISCUSSION
1. CSAH 14/Main Street
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llL ADJOURN
COUNCIL MEETING
L CALL TO ORDER
1. Roll Call
II. APPROVAL OF AGENDA
llL APPROVAL OF COUNCIL MINUTES
1. October 27, 2004 City Council Meeting Minutes
2. November 3, 2004 Canvassing Board Meeting Minutes
IV. CONSENT AGENDA
1. City ofCenterville October 27, 2004 through November 10, 2004 Claims
2. Centennial Fire District - October 29, 2004 Oaims
3. KLM Engineering - (500,000 GaBon Water Tower) - $2,025.00
4. Dresel Contracting - Pay Estimate #6 (2004 Street Project) - $89,029.17
5. Approval of the Planning & Zoning Commissioner Recommendation for
Appointment of Mr. Robert Wright
6. Approval of the Planning & Zoning Commissioner Recommendation for
Appointment of Mr. Tom Wood
V. A W ARDSIPRESENTATIONSlAPPEARANCES
VL PUBLIC HEARINGS
1. Request for Lot Split - Mr. John Dahl, 7334 Brian Drive
VII. NEW BUSINESS
1. Job Descriptions - Staff
2. Executive Search - City Administrator
3. Interim Administrator
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4. Administrator Meetings
5. Appointment of Representatives for Alternative Urban Area Wide Review
(AUAR)
6. Res. #04-051 - Declaring Cost to be Assessed and Ordering Preparation o(
Proposed Assessments (or tbe 2004
7. Res. #04-052 - Calling (or Public: Hearing 2004 Street Project
VIII. OLD BUSINESS
1. Sboreland Management Ordinance
2. Legal and Engineering Studies
3. Ordinance Codification
IX. ANNOUNCEMENTSfUPDA TES
1.
x. ADJOURNMENT
CITY OF CENTERVILLE
CITY COUNCIL MEETING
OCTOBER 27, 2004
6:30 p.m.
Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled
meeting on October 27,2004, at City Hall, 1880 Main Street.
PRESENT:
Mayor Terry Sweeney
Council Member Paar
Council Member Capra
Council Member Broussard Vickert
Council Member Lee H 0
None.
ABSENT:
STAFF:
City Administrator Ms. Moore-Sykes
City Attorney Mr. Hoeft
City Engineer Mr. Peterson
I. CALL TO ORDER
Mayor Sweeney called the October 27,2004, City Council meeting to order at 6:38 p.m.
II. SET AGENDA
Mayor Sweeney added the October 25, work session minutes, public works high speed
internet, Halloween decorations, administrator search, 6878 Deer Court lack of sod, the
stop sign at Center Street and Pheasant Lane and removed 02-065 from Old Business.
Ms. Moore-Sykes requested that the Mr. Lynn proposal and Mr. Burke be added to the
agenda.
Motion bv Council Member Canra. seconded bv Council Member Paar to annrove
the ae:enda as amended. All in favor. Motion carried unanimously.
III. APPROVAL OF COUNCIL MINUTES
1. October 13. 2004 Council Meeting Minutes
Mayor Sweeney requested that a notation be made on Page 4 of 10 to indicate that the
wood duck house approval was a request and recommendation for funds from the Parks
and Recreation budget. On Page 9 of 10 correct the motion to read motion carried and
remove unanimously.
City of Centerville
October 27, 2004
Council Meeting Minutes
Council Member Capra noted that Council Member Lee had abstained from voting on the
motion on Page 2 of 10.
Motion bv Council Member Broussard Vickers. seconded bv Council Member
Capra to approve the October 13. 2004 Council Meetine: Minutes as amended. AU
in favor. Motion carried unanimouslv.
2. City Council Work Session Meeting Minutes of October 13.2004
Motion bv Council Member Broussard Vickers. seconded bv Council Member Lee
to approve the October 13. 2004 Council Work Session Meetine: Minutes as
presented. All in favor. Motion carried unanimouslv.
3. City Council Work Session Meeting Minutes of October 25. 2004
Motion bv Council Member Lee. seconded by Council Member Paar to approve the
October 25. 2004 Council Work Session Meetine: Minutes as presented. All in favor.
Motion carried unanimously.
IV. CONSENT AGENDA
1. City ofCenterville October 14, through October 27, 2004 Claims
2. Centennial Fire District Claims through October 15, 2004
3. Pay Request #3, Maguire Iron - Elevated 500,000 Gallon Water Tower-
$325,200.20
4. Pay Equity/Review Study
Motion bv Council Member Lee. seconded bv Council Member Broussard Vickers
to approve the Consent Ae:enda as presented. All in favor. Motion carried
unanimouslv.
V. A W ARDS/PRESENT A nONS/APPEARANCES
I. Mr. Paul Palzer (Monthly Update)
Mr. Palzer provided a monthly update to Council indicating the street projects are
wrapping up and snow removal equipment is ready to go.
Mr. Palzer indicated that as of December I the County is going to 800 megahertz radios
and then recommended the City consider discussing the purchase of radios at a future
work session. He then said that Staff would like to look at obtaining two radios in 2005
and then one per year after that at a cost of $2,600 per radio.
Mr. Palzer asked for an accounting of the public works budget to see if a few small
equipment items can be purchased yet this year.
Page 2 of 10
City of Centerville
October 27, 2004
Council Meeting Minutes
Mr. Palzer indicated that public works would be flushing hydrants next week.
2. Mr. John Magill (Commercial Properties) Impact of Proposed CSAH 14/Main
Street Widening
Mr. Magill addressed Council on behalf of several local businesses and outlined their
concerns with the County's plan for access onto 20th Avenue.
Council Member Broussard Vickers indicated she had attended the meeting concerning
this matter and then outlined for those in attendance the various options for access at that
intersection.
Mr. Magill indicated that the success of the existing businesses and the development of
the remaining property at the comer is dependent upon access at 20th Avenue and asked
the City to work with them to convince the County to amend the plan.
The Council discussed various scenarios and then asked that the business owners provide
the City with a list of options in priority order for consideration.
Council Member Capra expressed concern about big trucks accessing this site and at
Northern Forest Products. She then said that she would like to see a representative of the
group be invited to attend meetings with the engineer and public works to work on this.
Mr. Peterson indicated that the transportation department at his office has looked at this
and there is just too much of a safety hazard to put an opening that close to an
intersection.
Mr. Magill indicated that they do not care what it looks like but they would like a 20th
Avenue access.
Mr. Vanderbeek commented that accommodations were made for the businesses in
Blaine and he would like the same done for the businesses in Centerville.
Council discussed the possibility of relocating the 21 5t Avenue intersection to the west
and requesting a stoplight.
Mayor Sweeney suggested that the business owners get Lino Lakes involved as this
affects property in that City as well.
Council Member Broussard Vickers suggested that the business owners remain positive
and provide suggestions as to how to solve the issue as best as possible rather than
threatening lawsuits.
Council Member Capra indicated that she has asked the engineers to provide information
on future development needs for Centerville as far as what streets will go all the way
through and what can be done to the north.
Page3 of 10
City of Centerville
October 27. 2004
Council Meeting Minutes
Council set a work session for November 10, 2004 at 5:30 p.m. to discuss the 20th
A venue access with the business owners.
Council Member Capra asked Staff to contact Northern Forest Products and Goetz
Landscaping to determine how the large trucks access their sites.
3. Mr. Paul Burke Cougar Cash
Mr. Burke appeared before Council and asked for consideration of approval for the
cougar cash program noting he had done research with the City of Hutchinson and was
told that it takes approximately two to three hours per month for staffto manage this type
of program. He further indicated that the EDC would like to have the cougar cash
program up and running prior to the holiday season as a way to promote businesses in
town.
Council Member Capra indicated that with the business directory the EDC has spent the
2004 budget. She then said she would like to table this matter until there is a new
administrator on board.
Mr. Burke indicated that the EDC would like to have cougar cash available before the
holiday season. He also noted that Hutchinson has not had an issue with bounced checks.
Motion bv Council Member Capra to table.
The Motion failed for lack of a second.
Mayor Sweeney indicated that the EDC has begun work on the business directory but
they are not paying for it until 2005.
Ms. Stephan indicated that EDC is $2,000 over budget but $4,000 was put back into the
general fund from last year and Council did agree at that time to make it available, if it
was needed.
Council Member Lee asked how long it would take to get this program going.
Mr. Burke indicated it would take two to three weeks.
Council Member Capra asked if the school has anything remotely called cougar cash that
the City would be infringing on.
Mr. Burke indicated they did not.
Council Member Capra indicated that she feels that there are a lot of staff issues to sort
out now and she would like to wait but said she would support this ifmajority of Council
wished to proceed.
Page 4 of 10
City of CenterviHe
October 27, 2004
Council Meeting Minutes
Motion bv Council Member Lee. seconded bv Council Member Paar to approve the
EDC request of $1.000 for the cou!!:ar cash pro!!:ram. Aves- 4. Navs - l(Broussard
Vickers). Motion carried.
VI. PUBLIC HEARINGS
1. Hunters Crossing: 2nd Addition. Phase I Proposed Assessments for Municipal
Utilities and Street Improvements - Resolution #04-048 - Adoption of
Assessments Associated with the Hunter's Crossing 2nd Addition. Phase 1
Subdivision
Mayor Sweeney opened the public hearing at 6:45 p.m.
Mr. Carlson asked Council to set the interest rate and the term for the assessment. He
then asked that the escrow deposited for plans and specifications be returned to him.
Motion bv Council Member Capra. seconded bv Council Member Paar to close the
public heann!!:. All in favor. Motion earned unanimouslv.
City Attorney Hoeft noted for the record that the City received a letter of objection with
regard to the assessments for Outlot B.
Mayor Sweeney closed the public hearing at 6:47 p.m.
Council discussed the interest rate and term and agreed to set them at 6% for 10 years.
Motion bv Council Member Broussard Vickers. seconded bv Council Member Lee
to approve Resolution #04-048. the Adoption of Assessments Associated with the
Hunter's Crossin!!: 2nd Addition. Phase I Subdivision as amended to reflect 6% for
10 vears. All in favor. Motion carried unanimouslv.
Motion bv Council Member Broussard Vickers. seconded bv Council Member
Capra to approve the refund of escrowed funds in the amount of $12.500. All in
favor. Motion carried unanimouslv.
VII. NEW BUSINESS
1. League of Minnesota Cities Rate Study (Lel!a1 and Enl!ineering Fees)
City Attorney Hoeft recommended that the City solicit further information from the
League on legal and engineering fees spent by other cities.
Page 5 of JO
City of Centerville
October 27, 2004
Council Meeting Minutes
2. Hillh Speed Internet Access for Public Works
Motion bv Council Member Capra. seconded bv Council Member Lee to approve
the installation of hil!h speed internet for public works as requested. All in favor.
Motion carried unanimouslv.
3. Halloween Decorations at 7154 Mill Road
Mayor Sweeney indicated that he was asked to bring this to Council for discussion by a
resident.
City Attorney Hoeft indicated that the decorations are not in violation of any City
Ordinance or state statute and the property owner has the right to exercise freedom of
speech.
4. Administrator Search
Council discussed the administrator search and Council Member Broussard Vickers
indicated that she did not feel she was qualified to interview and select a City
Administrator and would prefer to utilize a search firm as was done last time.
Mayor Sweeney indicated that he would like to begin the process as it takes a long time
to hire an administrator.
Council Members Capra, Lee and Paar indicated that they would prefer to discuss the
position with Mr. Meyer, the new Finance Director, as he has previous administrator
experience prior to spending $20,000 to $25,000 on a search firm.
Council Member Broussard Vickers indicated that her decision on the hiring of Mr.
Meyer came based on a recommendation for a Finance Director and not an administrator
and she does not feel that the two positions are interchangeable.
Council Member Capra asked Staff to schedule a work session with Council, Ms. Moore-
Sykes and Mr. Meyer to discuss the matter prior to the next Council Meeting.
5. 6878 Deer Court - Lack of Sod/Final Gradin!!!Landscaping
Mr. Glaeser appeared before Council and indicated that the lack of sod at 6878 Deer
Court is causing runoff into the drain tile and the neighbors are afraid that it will fill up
and cause a backup into their homes. He then asked Council to consider using the $1,500
escrow to have the grade redone and sod installed to stop the erosion. He further noted
that he has done some investigating on this matter and the property owner feels it is not
his responsibility and the builder feels it is not his responsibility so it is unlikely that it
will get done.
Page 6 of 10
City of CenterviIle
October 27, 2004
Council Meeting Minutes
Mr. Palzer informed Council that a sprinkler system is being installed at the property and
he received a call from the contractor asking whether the City had hired someone to
install the sod so it appears that either the builder or the homeowner has contracted to
have the work done.
Motion bv Council Member Capra. seconded bv Council Member Lee to direct
public works to contract to have the !!rade restored and install sod utilizin!! the
$1.500 escrow to ensure that the erosion situation is remedied.
Council Member Broussard Vickers asked that an insurance certificate be obtained from
the contractor used.
Mr. Glaeser asked the City to consider sodding the entire yard.
City Attorney Hoeft indicated that the $1,500 probably would not cover restoring the
grade and sodding the entire yard. He then noted there is a process that the City must go
through before having the work done so that the amount can be assessed to the property.
VOTE: All in favor. Motion carried unanimouslv.
6. Mr. Lvnn Proposal
Council discussed the proposal and agreed that it would be best to be fully staffed so that
the training did not have to be repeated.
Motion bv Council Member Lee. seconded bv Council Member Capra to table. All
in favor. Motion carried unanimously.
VIII. OLD BUSINESS
1. Sedona Homes/Jackson Commercial Final Plat and Developer's A!!feement
City Attorney Hoeft indicated that there were sections of the document in need of
clarification and update as this process was begun a year ago. He then reviewed those
items with Mr. Keleher.
Mr. Keleher agreed to a completion date for the private improvements of July I, 2005.
Mr. Keleher indicated that as they will be asking for occupancy prior to paving they are
willing to have the $76,000 escrow for bituminous added back into the document.
Council Member Capra indicated that she would like to have sod used because the
development across the street utilized hydro seeding and it was very weedy.
Mr. Keleher indicated that they intend to sod all areas around the buildings and will
utilize some type of seed near the drainage areas.
Page 7 of 10
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City of Centerville
October 27, 2004
Council Meeting Minutes
City Attorney Hoeft revised the language concernmg ownership of the public
improvements and Mr. Keleher agreed.
Council discussed a trail in lieu of a commercial park dedication fee.
Mr. Keleher indicated that he would be interested in putting in a trail from his building
toward the strip center to move traffic between the two commercial areas.
Council discussed the matter and asked for a $6,000 escrow for the cost of a trail to allow
the City to place the trail after the road construction is done.
Mr. Keleher agreed to the $6,000 but asked that he be able to pay as the units develop at
$600.00 per unit. Council agreed.
Mr. Palzer asked that the $600.00 be tied to the building pennit to ensure collection and
for ease in administration.
Mr. Keleher agreed.
Motion bv Council Member Capra, seconded bv Council Member Lee to approve
tbe Final Plat for Sedona Homes/Jackson Commercial subiect to tbe execution of a
develoDer's aereement. All in favor. Motion carried unanimouslv.
Motion bv Council Member Lee, seconded bv Council Member Paar to aDDrove the
developer's aereement as amended. All in favor. Motion carried unanimouslv.
2. American Legal Publishin~ Ordinance Codification
Motion bv Council Member Capra, seconded bv Council Member Lee to table. All
in favor. Motion carried unanimouslv.
3. St. Paul Water Utilities
City Attorney Hoeft provided Council with an update on the issues surrounding the
potential purchase of property from the St. Paul Water Utility. He then noted that he was
able to negotiate away the deed restrictions, the request to annex the property, and reduce
the setback from the lake but the price does not seem to be negotiable.
Council discussed the matter and noted that it may be possible to purchase property along
the lake from the County as part of the CSAH 14 road construction.
Council asked Staff to infonn St. Paul Water Utility that it is exploring all of its options
and note that the price is not agreeable to the City.
Page 8 of 10
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City of Centerville
October 27, 2004
Council Meeting Minutes
Mr. and Mrs. Mike Johnson - 7046 Brian Drive - Special Assessments
4.
City Attorney Hoeft presented a letter from the Johnson's attorney offering settlement of
both the old and new assessment by payment of $1,644.91. He then informed Council
that the City would be within its rights to go through the assessment process for the old
assessment and the new assessment.
Council discussed the matter and agreed to further discuss the assessments at the
assessment hearing.
5. Resolution #04-049 - Authorizing Modification of Resolution #04-043 in
Regards to the Date of the Continuation Hearing that Appears Within it of
December 22. 2004 to December 20. 2004
Motion bv Council Member Lee. seconded bv Council Member Paar to approve
Resolution #04-049 as presented. All in favor. Motion carried unanimouslv.
IX. ANNOUNCEMENTSIUPDATES
I. Annual Liquor License/Tobacco Renewal
Ms. Moore-Sykes noted the renewal packets were sent out to the liquor and tobacco
licensees and a letter was included congratulating the liquor licensees on the recent
compliance check.
2. Eagle Pass Pond
Ms. Moore-Sykes indicated that Rice Creek has said that it has the money to dredge the
pond and will be doing so in November.
City Attorney Hoeft indicated that he received a call from the Assistant Anoka County
Attorney indicating a need to revise the easement for ponding at Chauncey Barret
Gardens. He then said that Staff will work on the matter and present the information to
Council.
3. Speed at Center Street and Pheasant Lane
Ms. Moore-Sykes presented the information from Officer Stepan to Council concerning
the speed study on Center Street. She then noted that 27.8% of the vehicles were
traveling in excess of 30 mph and only 7.8% were traveling in excess of 35 mph. She
further noted that the Officer has indicated that there does not seem to be an issue with
speeding vehicles in this location.
Mr. Peterson of 6933 Pheasant Lane indicated that the memo does not recommend extra
patrol but it does not say anything about the installation of the stop signs. He further
Page 9 of 10
City ofCenterville
October 27, 2004
Council Meeting Minutes
commented that he feels the construction vehicles in the area have slowed the vehicles
down because there is a speeding issue on Center Street in that location.
Mr. Peterson indicated that he does not feel there is a speeding issue on Pheasant Lane
because it is a winding road but they had a petition with 96% participation for stop signs
and they would like them installed.
Motion by Council Member Capra, seconded by Council Member Lee to direct
Staff to have a stop silm installed at Center Street and Pheasant Lane as requested
by petition of the residents.
Mayor Sweeney indicated he is against the stop signs because he does not feel that they
will slow traffic down. He further stated that he is concerned that the stop signs will give
residents and children a false sense of security that the vehicles will stop but a lot of
drivers do not.
VOTE: Ayes - 3. Nays - USweenevlBroussard Vickers). Motion carried.
Motion by Council Member Capra, seconded by Council Member Paar to approve
the Surface Water Manaeement Plan based on the advice of the City Eneineers
dated October 7. 2004. Ayes - 4. Nays - 0, Abstain -llBroussard Vickers). Motion
carried.
Mayor Sweeney indicated the police governing board would meet on November 1,2004
at 6:30 p.m.
X. ADJOURNMENT
Motion by Council Member Capra, seconded by Council Member Paar to adjourn
the October 27. 2004 City Council Meetine at 9:13 p.m. All in favor. Motion
carried unanimously.
Transcribed by:
Joan Lenzmeier, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
Page 10 of 10
CITY OF CENTERVILLE
CANVASSING BOARD MEETING
November 3, 2004
6:30 p.m.
Unapproved
I. CALL TO ORDER
Mayor Sweeney called the Canvassing Board meeting to order at 6:35 p.m.
Also present at the meeting were Councilmembers Broussard Vickers, Capra,
Lee and Paar; City Administrator Kim Moore-Sykes, City Clerk Teresa
Bender
II. DISCUSSION ITEMS
City of Centerville Elections Results. The City Clerk presented the election
results for the City of Centerville. The Canvassing Board accepted the memo
as presented by the City Clerk with the summary sheet of the election results.
Moved bv Councilmember Jeff Paar. seconded bv Councilmember Tom
Lee to certify the elections results. All in favor. Motion Dassed
unanimouslv.
III. ADJOURNMENT
Moved bv Councilmember Mary CaDra. seconded bv Councilmember
Jeff Paar to adiourn the Canvassine: Board meetine:. All in favor.
Canvassing Board meeting was alljourned at 6:38 p.m.
Respectfully submitted by:
Kim Moore-Sykes,
City Administrator
ervi[{e
CITY OF CENTERVILLE
11/05/0412:23 PM
Page1
*Check Summary Register@
Name
10100 MAIN STREET BANK
Paid Chk# 019696 AT & TWIRElESS SERVICES
Paid Chk# 019697 AVENET, llC
Paid Chk# 019698 AVlIC
Paid Chk# 019699 BARNA, GUZY & STEFFEN l TO
Paid Chk# 019700 BENDER, TERESA
Paid Chk# 019701 BONESTROO, ROSENE,
Paid Chk# 019702 CENTENNIAL LAKES POLICE
Paid Chk# 019703 CLEARWATER CREEK
Paid Chk# 019704 CORNER EKPRESS
Paid Chk# 019705 COVERALL OF THE TWIN
Paid Chk# 019706 DRESEL CONTRACTING
Paid Chk# 019707 EKCEL TELECOMMUNICATIONS
Paid Chk# 019708 FRATTAlONES HARDWARE
Paid Chk# 019709 HUGO FEED MilL
Paid Chk# 019710 IMAGE PRINTING & GRAPHICS
Paid Chk# 019711 KLM ENGINEERING INC.
Paid Chk# 019712 M-R SIGN COMPANY, INC.
Paid Chk# 019713 NATIONAL WATERWORKS
Paid Chk# 019714 NATIONWIDE RETIREMENT
Paid Chk# 019715 OFFICE MAX
Paid Chk# 019716 PEll, KATHY
paid Chk# 019717 PRESS PUBLICATIONS
Paid Chk# 019718 PUBLIC EMPLOYEES
Paid Chk# 019719 TIME SAVER
Check Date
NOVEMBER 2004
Check Ami
11/10/2004
11/10/2004
11/10/2004
11/1012004
11/1012004
11/10/2004
11/10/2004
11/10/2004
11/10/2004
11/1012004
11/10/2004
11/10/2004
11/10/2004
11/10/2004
11/1012004
11/10/2004
11/10/2004
11/10/2004
11/10/2004
11/1012004
11/1012004
11/10/2004
11/1 0/2004
11/1012004
Total Checks
$183.60 CELL PHONE CHARGES FOR B.I.-
$90.00 REGISTRATION OF CENTERVllLEMN.
$808.00 DEF COMP PAYROLL WIH 10-4-<l4
$9,319.50 CIVIL MATTER - SERV THRU 10-31
$18.75 REIMBURSE MilEAGE FOR ELECTION
$42,752.13 GENERAL - SERV THRU 10-2-04
$29,237.85 NOVEMBER POLICE SERVICES
$124.75 FUEl- SERV THRU 10-31-04
$1,129.89 FUEL SERVTHRU 10-31-04
$213.00 NOVEMBER SERVICES
$89,029.17 2004 UTILITY & STREET IMPROVE.
$4.84 PHONE SERVICE THRU 10-24-04
$60.68 SUPPLIES FOR PARKS
$11.50 SUPPLIES
$866.16 UTILITY BilLING PAPER
$2,025.00 WATER TOWER INSPECTION
$449,85 SIGNS
$4,145.36 WATER METERS & ACCESSORIES
$198,52 DEF COMP-PAYROLl W/H 10-4-04
$83,96 OFFICE SUPPLIES
$287.73 REIMBURSE PAINT SUPPLIES FOR W
$273,98 REZONE
$1,544,08 PAYROLL W/H 10-4-04
$217.00 10-27-04 CITY COUNCil MEETING
$183,073,30
NOTE: There will be an additional list of disbursements for the November 10, 2004 council meeting for approval.
Centennial Fire District
Check Register
10/29/2004
The disbursements listed below are submitted by the Centennial Fire District for your approval:
DATE
10/29/2004
10/29/2004
10/29/2004
10/2912004
10/29/2004
10/29/2004
10/29/2004
10/2912004
10/29/2004
10/29/2004
10/29/2004
10/29/2004
10/29/2004
10/29/2004
10/29/2004
10/29/2004
10/29/2004
CHECK# NAME
14492
14493
14494
14495
14496
14497
14498
14499
14500
14501
14502
14503
14504
14505
14506
14507
14508
American Fastener
Ancom Communications, fnc.
Centennial Utilities
CenterPoint Energy
Connexus Energy
David Bruder
Emergency Apparatus Maintenance
Fire Instruction & Rescue Education, Inc.
Forest Lake Ford
Glen Olson
Grainger
Metro Fire
Metrocall
Mike T. Peterson
Milo Bennett
Twin City Garage Door Company
Viking Office Products
ACCOUNT
42130. Equipment Expense
42130. Equipment Expense
42251 . Station 1 . Gas
42253 . Station 2 . Gas
42252 . Station 1 . Electric
42000 . Vehicle Maintenance
42000 . Vehicle Maintenance
42220. Travel, Conf. School
42000 . Vehicle Maintenance
42220 . Travel, Coni. School
42130. Equipment Expense
42130 . Equipment Expense
42240 - Telephone Expense
42220 - Travel, Coni. School
42220 - Travel, Coni. School
42110 - Other Maintenance
42180 - Office Supplies
10f1
AMOUNT
2.63
97.45
90.31
86.34
306.14
26.63
710.77
600.00
336.62
298.75
96.16
541.64
81.64
433.58
579.98
429.95
283.72
5,002.31
.'
~ Bonestroo
_ _ Rosene
~ Anderlik &
1 \J 1 Associates
Engineers & Architects
Bonestroo, Rosene, Anderlik and Associates. Inc. is an Affirmative Action/Equal Opportunity Employer
and Empfoyee Owned'
Principals: OttO G. Bonestroo, P.E. . Marvin L Sarvala, P.E, . Gtenn R. Cook, P.E. . Roben G. SChunicht, r.E. .
Jerry A. Bourdon, P.E. . Mark A Hanson P.E.
Senior Consultants: Robert W. Rosene. P.E. . Joseph C. Anderlik. r.E. . Richard 1::. Turner. P:E. . Susan M. Eberlin. CP.A.
Associate Principals: Keith A. Gordon, PE . Robert R. Pfefferfe, P.E. . Richard W Foster, P.E. . David O. Loskota, P.t. .
Michael TRautmann, P.E. . Ted K. Field, r.E. . Kenneth P. Anderson, P:E. . Mark R. Rolfs. F'.E. . David A. Bonestroo, M.B.A. .
Sidney P. Williamson, P.E:., loS. . Agnes M. Ring, M.B.A. . Allan Rick Schmidt. P.E. . Thomas W. Peterson, P.E. .
James R. Maland. PE. . Miles B. Jensen, P.E.. L PhllJip Gravel III, P.E.. Daniel J. Edgerton, P:E. . Ismael Martinez. P:E. .
Thomas A. Syfko. P.E. . Sheldon J. JOhnson' Dale A. Grove. P,E. . Thomas A. Roushar, P.E. . Robert J. Devery. P.E.
Offices: St. Paul, St. Cloud. Rochester and WiUmar, MN . Milwaukee. WI . Chicago. Il
Website: www.bonestroo.com
RECEIVED
NOV 0 3 2004
November 2, 2004
City of Centerville
1880 Main Street
Centerville, MN 55038-9794
Attn: Ms. Kim Moore-Sykes
Re: KLM Engineering Invoice
500,000 Gallon Elevated Water Tower
Bonestroo File No. 616-03-130
Dear Ms. Moore-Sykes:
Attached with this letter is Invoice No. MN2184-2624 for the amount of $2,025.00. This invoice is
for weld inspection work on the water tower through October 15, 2004.
It is recommended that this invoice be paid from the project construction account. Please let us
know if you have any questions regarding this letter or the attached invoice.
Yours very truly,
BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC.
::':ka::f~~
Jl}/
Enclosures
cc: Shawn Mulhern .,.. KLM Engineering
2335 West Highway 36 . St. Paul, MN 55113' 651-636-4600 . Fax: 651-636-1311
,
'"
KLM ENGINEERING, INC.
P.O. Box 897
3394 Lake Elmo Ave. N.
Lake Elmo, MN 55042
Invoice
DATE INVOICE NO.
10/21/2004 2624
CUSTOMER
Bonestroo, Rosene Anderlik & Assoc
2335 West Highway 36
St Paul, MN 55113
Attn: Mark RollS, P.E.
PROJECT DESCRIPTION
Inspection Services during
New Tank Construction
O.5MG in Centerville, MN
9/18 - 10/15/04
3 Trips - Weld Inspection
P.O. NO. TERMS PROJECT
MN2184
DESCRIPTION QTY RATE AMOUNT
Weld Inspection 3 Trips (9/29, 10/2 & 10/7) - 3 675.00 2,025.00
Fixed Fee
Make all checks payable to KLM ENGINEERING, INC. For questions Total
call Laurie Sylte at (651) 773-5111 $2,025.00
J{]j Bonestroo
-=- Rosene
gAnderlik&
.~. Associates
Engineer: & Architects
Owner: Citv of Centerville, 1880 Main St., Centerville, MN 55038 Date: November 2, 2004
For Period: 10/9/2004 to 111212004 Reauest No: 6
Contractor: Dresel Contractina, 24044 Julv Ave., Chisaao Citv, MN 55013
CONTRACTOR'S REQUEST FOR PAYMENT
2004 UTILITY AND STREET IMPROVEMENTS
BRA FILE NO, 616-03-133
SUMMARY
1 Original Contract Amount $ 1,629,911.25
2 Change Order - Addition $ 76,348.45
3 Change Order - Deduction $ 0.00
4 Revised Contract Amount $ 1,706,259.70
5 Value Completed to Date $ 1,596,091.94
6 Material on Hand $ 0.00
7 Amount Earned $ 1,596,091.94
8 Less Retainage 5% $ 79,804.60
9 Subtolal $ 1,516,287.34
10 Less Amount Paid Previously $ 1,427,258.17
11 Liquidated damages - $ 0.00
12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO, 6 $ 89.029.17
Recommended for Approvai by:
BONESTROO, ROSENE, ANDERLlK & ASSOCIATES, INC.
I~WWJ wlJA---
--......
Approved by Contractor.
DRESEL CONTRACTING
Approved by Owner:
CITY OF CENTERVILLE
Specified Contract Completion Date:
May 5, 2005
Date:
61603133REQ6.x1s
Contract Unit Current Quantity Amount
No. Item Unit Quantity Price Quantity to Date to Date
PART 1 . STREETlMPROVEMENTS:
1 MOB/L1ZA T/ON LS 1 60000.00 1 $60,000.00
2 TRAFFIC CONTROL LS 1 7500.00 0.95 $7,125.00
3 REMOVE BITUMINOUS PAVEMENT SY 26300 1.00 28405 $28,405.00
4 SAWING BITUMINOUS PAVEMENT LF 2500 2.00 75 2258 $4,516.00
5 REMOVE CONCRETE CURB AND GUTTER LF 800 2.00 789 $ 1,578.00
6 REMOVE CONCRETE PAVEMENT SY 50 4.00 775 $3,100.00
7 COMMON EXCAVATION CY 23200 4.75 1000 23200 $110,200.00
8 GEOTEXTILE FABRIC SY 29500 1.40 1169 29195 $40,873.00
9 SELECT GRANULAR BORROW (CV) CY 17150 10.00 89.3 15456.2 $154,562.00
10 TOPSOIL BORROW (LV) CY 500 6.00 96 96 $576.00
11 CLASS 5 AGGREGATE BASE. STREET TN 11500 8.75 133.75 13384.78 $117,116.83
12 CLASS 5 AGGREGATE BASE. SIDEWALK TN 120 15.00 133 $1,995.00
13 TYPE LV 3 WEARING COURSE MIXTURE - STREET TN 2740 32.00 175.58 $5,618.56
14 TYPE LV 3 NON-WEARING COURSE MIXTURE - STREET TN 2540 31.50 191.87 3240.8 $102,085.20
15 BITUMINOUS MATERIAL FOR TACK COAT GL 1600 1.25 -25 350 $437.50
16 TYPE LV 4 WEARING COURSE - DRIVEWAYS TN 300 65.00 192.33 440.96 $28,662.40
17 TYPE LV 4 WEARING COURSE - TRAIL TN 150 50.00 166.4 $8,320.00
18 MILL BITUMINOUS PAVEMENT SY 2300 2,50 $0.00
19 COURSE AGGREGATE FOR DRAINTlLE - PETERSON &
73RD CY 400 16.00 $0.00
20 CRACK SEAL LF 1000 2.50 $0.00
21 PATCH ROAD SY 600 17.00 $0.00
22 SURMOUNT ABLE CONCRETE CURB AND GUTTER LF. 13750 7.10 13748 $97,610.80
23 SURMOUNT ABLE CONCRETE C & G - MANUAL
PLACEMENT LF 800 14.00 164 $2,296.00
24 4" CONCRETE WALK SF 2650 2.50 2855 $7,137.50
25 6" CONCRETE WALK SF 500 3.00 422 $1,266.00
26 4" PERFORATED PVC DRAIN TILE LF 17250 2.00 15595 $31,190.00
27 ADJUST FRAME AND RING CASTING EA 25 250.00 4 22 $5,500.00
28 ADJUST VALVE BOX EA 1 250.00 2 $500.00
29 PEDESTRIAN CURB RAMP EA 2 275.00 2 $550.00
30 SKIDSTER (BOBCAT WITH OPERATOR) HR 20 85.00 5 5 $425.00
31 STREET SWEEPER (PICKUP BROOM W/OPERATOR) HR 20 125.00 4 5 $625.00
32 WATER FOR DUST CONTROL 1000 GAL 50 12.00 25 $300.00
33 STORM DRAIN INLET PROTECTION EA 25 100.00 2 $200.00
34 CLEAR & GRUB EA 5 400.00 3 8 $3,200.00
35 SODDING, LAWN TYPE, INCL 4" TOPSOIL SY 2500 2.10 12142 16400 $34,440.00
36 SEEDING AC 0.5 1300.00 $0.00
37 REGULAR SILT FENCE LF 500 2.00 200 $400.00
38 TEMPORARY ACCESS ROAD LS 1 2500.00 0.15 1 $2,500.00
39 8" PVC SANITARY SEWER, SDR 35 LF 130 25.00 176 $4,400.00
40 SANiTARY SEWER REPAIR EA 2 4000.00 2 $8,000.00
41 8X4WYE EA 4 125.00 4 $500.00
42 RECONNECT SEWER SERVICE EA 4 75.00 11 $825.00
43 IMPROVED PIPE FOUNDATION LF 260 4.00 352 $1,408.00
Total PART 1 - STREET IMPROVEMENTS: $878,443.79
PART 1 - STREET IMPROVEMENTS: - Bid Amount Total- $940,855.00
PART 2 - WATER MAIN IMPROVEMENTS:
44 CONNECT TO EXISTING 12" PIPE EA 2 1000.00 2 $2,000.00
45 CONNECT TO EXISTING 8" PIPE EA 3 600.00 3 $1,800.00
46 CONNECT TO EXISTING 6" PiPE EA 1 600.00 1 $600.00
47 WET TAP 12" MAIN, INCL 8" GATE VALVE EA 1 3000.00 1 $3,000.00
48 12" PVC, C900 LF 910 26.00 39 929 $24,154.00
49 8" PVC, C900 LF 5525 20.00 80 5606 $112,120.00
50 8" PVC JACKED WITH STEEL CASING LF 55 175.00 55 $9,625.00
51 6" PVC, COOO LF 830 18.00 831 $14,958.00
52 1" TYPE K COPPER WATER SERVICE LF 3300 14.00 15 3420 $47,880.00
53 12" GATE VALVE AND BOX EA 4 1300.00 4 $5,200.00
54 8" GATE VALVE AND BOX EA 11 850.00 12 $10,200.00
55 6" GATE VALVE AND BOX EA 2 650.00 2 $1,300.00
56 1" CORPORATION STOP EA 96 120.00 1 100 $12,000.00
57 1" CURB STOP AND BOX EA 96 120.00 1 100 $12,000.00
58 HYDRANT WITH VALVE EA 14 2200.00 14 $30,800.00
59 HYDRANT EXTENSION LF 2 350.00 $0.00
60 DUCTILE IRON FITTINGS LB 9500 3.00 640 9258 $27,774.00
61603133REQ6.xls
Contract Unit Current Quantity Amount
No. Item Unit Quantity Price Quantity to Date to Date
61 INSULATION, 2" THICK SF SOO 3.00 $0.00
62 IMPROVED PIPE FOUNDATION LF 1000 4.00 215 $860.00
Total PART 2 - WATER MAIN IMPROVEMENTS: $316,271.00
PART 2 - WATER MAIN IMPROVEMENTS: - Bid Amount Total- $316,715.00
PART 3 - STORM SEWER IMPROVEMENTS:
63 24" RCP, CLASS 3 LF 460 35.00 459 $16,065.00
64 18" RCP, CLASS 5 LF 662 30.00 702 $21,060.00
65 15" RCP, CLASS 5 LF 1875 26.00 1327 $34,502.00
66 12" RCP, CLASS 5 LF 860 24.00 1037 $24,888.00
67 12" HOPE LF 560 19.00 116 634 $12,046.00
68 10" PVC, SDR 26 LF 10 25.00 10 $250.00
69 8" PERFORATED PVC LF 140 20.00 168 $3,360.00
70 24" RCP FES WITH TRASH GUARD EA 1 1400.00 1 $1,400.00
71 15" RCP FES WITH TRASH GUARD EA 5 750.00 2 6 $4,500.00
72 12" HOPE FES WITH TRASH GUARD EA 1 175.00 2 $350.00
73 12" RCP FES WITH TRASH GUARD EA 1 575.00 1 $575.00
74 V2B1 STRUCTURE LS 1 9000.00 1 $9,000.00
75 4' D1A MANHOLE EA 14 1600.00 13 $20,800.00
76 4' DIA CATCH BASIN MANHOLE EA 17 1600.00 14 $22,400.00
77 2 X 3 CATCH BASIN EA 15 1200.00 17 $20,400.00
78 BEEHIVE CATCH BASIN EA 1 1200.00 1 2 $2,400.00
79 FRENCH DRAIN EA 1 2500.00 1 $2,500.00
80 GEOTEXTILE FABRIC, TYPE 2 NON-WOVEN SY 900 2.00 900 $1,800.00
81 GEOTEXTILEFABRIC, TYPE 1 SY 70 2.75 70 $192.50
82 GEOTEXTILE FABRIC, TYPE 4 SY 55 2.75 55 $15125
83 IMPROVED PIPE FOUNDATION LF 500 4.00 $0.00
84 CONNECT TO EXISTING PIPE OR MANHOLE EA 5 600.00 2 5 $3,000,00
85 REMOVE PIPE LF 200 8.00 224 $1,792.00
86 REMOVE CATCH BASIN EA 4 600.00 4 $2,400.00
87 SODDING SY 900 2.10 900 900 $1,890.00
88 CLASS 3 RIPRAP CY 60 100.00 20 $2,000.00
89 DITCH EXCAVATION LF 200 15.00 75 $1,125.00
90 RECONSTRUCT CATCH BASIN MANHOLE .EA 2 1600.00 2 $3,200.00
91 PEA ROCK CY 20 25.00 10 $250.00
92 COARSE (1.5" - 3") AGGREGATE TN 1360 16.00 1373.39 $21,974.24
93 CLEARING AND GRUBBING. HERITAGE STREET lS 1 2500.00 1 $2,500.00
94 COMPOST ROLLS IF 160 10.00 $0.00
95 LANDSCAPE EDGING LF 340 10.00 254 $2,540.00
96 ROCK CONSTRUCTION ENTRANCE EA 5 500.00 $0.00
97 6" - 18" GLACIAL BOULDERS TN 32 125.00 34.3 $4,287.50
98 VEGETATED GEOGRID AND CHANNEL EXCAVATION CY 70 50.00 50 $2,500.00
99 TOPSOIL BORROW (lV) CY 100 10.00 162 $1,620.00
100 HERITAGE INFILTRATION TRENCH EXCAVATION (P) CY 930 10.00 930 $9,300.00
101 BRIAN DRIVE Fll TRA TION SYSTEM LS 1 9500.00 0.1 0.9 $8,550.00
Total PART 3 - STORM SEWER IMPROVEMENTS: $267,568.49
PART 3 - STORM SEWER IMPROVEMENTS: - Bid Amount Total- $290,033.75
PART 4. LAMOTTE PARK IMPROVEMENTS:
102 TYPE LV 3 WEARING COURSE MIXTURE. PARKING LOl TN 500 36.00 $0.00
103 TYPE LV 3 WEARING COURSE MIXTURE - SKATE
PADITRAIL TN 150 46.00 187.51 $8,625.46
104 TYPE LV 3 NON-WEARING COURSE MIXTURE-
PARKING LOT TN 475 35.50 503.5 $17,874.25
105 BITUMINOUS MATERIAL FOR TACK COAT GAL 300 1.25 $0.00
106 B612 CONCRETE CURB AND GUTTER LF 1200 7.75 965 $7,478.75
107 COMMON EXCAVATION - SKATE PADITRAIL CY 635 12.00 635 $7.620.00
108 CLASS 5 AGGREGATE BASE TN 800 10.00 265.65 800 $8,000.00
109 SELECT GRANULAR BORROW (CV) CY 360 12.00 360 $4,320.00
110 4" SOLID LINE, WHITE PAINT LF 1500 1.00 $0.00
111 PAVEMENT MESSAGE, HANDICAP, PAINT EA 4 350.00 $0.00
112 ADJUST CLEANOUT EA 3 300.00 3 $900.00
113 4' HIGH CHAIN LINK FENCE LF 380 11.00 366 366 $4,026.00
114 SODDING, LAWN TYPE, INCL4" TOPSOil SY 1000 2.10 1000 1000 $2,100.00
115 SEEDING AC 0.5 1300.00 $0.00
116 4" PERFORATED PVC DRAIN TilE LF 100 2.00 100 $200.00
Total PART 4 -LAMOTTE PARK IMPROVEMENTS: $61,144.46
61503133REQ5.xls
------- ---
Contract Unit Current Quantity Amount
No. Item Unit Quantity Price Quantity to Date toOate
Change Order Number 1
1 REMOVE BITUMINOUS PAVEMENT SY 300 1.00 101 251 $251.00
2 SAWING BITUMINOUS PAVEMENT LF 250 2.00 189 289 $578.00
3 REMOVE CONCRETE CURB AND GUTTER LF 150 2.00 67 142 $284.00
4 AGGREGATE BASE. CLASS 5 TN 250 8.75 250 250 $2.187.50
5 SELECT GRANULAR BORROW (CY) CY 400 10.00 200 200 $2.000.00
6 BITUMINOUS MATERIAL FOR TACK COAT GAL 50 1.25 25 25 $31.25
7 TYPE LV4 WEARING COURSE - DRIVEWAYS TN 10 65.00 10 10 $650.00
8 PATCH ROAD SY 300 17.00 238 238 $4,046.00
9 SURMOUNT ABLE CONCRETE CURB AND GUTTER-
MANUAL PLACEMENT LF 150 14.00 142 142 $1,988.00
10 STREET SWEEPER WITH PICK UP BROOM WITH
OPERATOR HR 2 125.00 2 2 $250.00
11 SODDING, LAWN TYPE, INCL. 4" TOPSOIL SY 500 2.10 500 500 $1,050.00
12 15" RCP STORM SEWER, CLASS 5 LF 377 26.00 377 $9,802.00
13 12" RCP STORM SEWER, CLASS 5 LF 37 24.00 37 $888.00
14 15" HDPE STORM SEWER LF 338 22.00 338 $7,436.00
15 15" RCP FLARED END SECTION, INCL TRASH GUARD EA 1 750.00 1 $750.00
16 4' DIAMETER STORM CBMH EA 3 1600.00 3 $4,800.00
17 2' X 3' CATCH BASIN EA 1 1200.00 1 $1,200.00
18 CLASS 111 RANDOM RIPRAP CY 5 100.00 $0.00
19 PATCH CONCRETE DRIVEWAY SY 775 40.00 775 $31,000.00
20 SAWING CONCRETE PAVEMENT LF 437 3.00 437 $1,311.00
21 DOUBLE SWING GATE EA 1 661.00 1 $661.00
Total Change Order No.1 $71,163.75
Change Order Number 2
1 DRAINAGE WORK LS 1500.45 $1,500.45
Total Change Order No.2 $1,500.45
Total PART 1 - STREET IMPROVEMENTS:
Total PART 2 - WATER MAIN IMPROVEMENTS:
Total PART 3 - STORM SEWER IMPROVEMENTS:
Total PART 4 - LAMOTTE PARK IMPROVEMENTS:
Total Change Order No. 1
Total Change Order NO.2
Total Work Completed To Dale
$878,443.79
$316,271.00
$267,568.49
$61,144.46
$71,163.75
$1,500.45
$1,596,091.94
61603133REQ6,x1s
,
PROJECT PAYMENT STATUS
OWNER CITY OF CENTERVILLE
BRA FILE NO. 616-03-133
CONTRACTOR DRESEL CONTRACTING
CHANGE ORDERS
No.
Date
Description
Amount
1 1017/2004 This Change Order provides for additional work on this project. $74,648.00
See Change Order.
2 11/2/2004 This Change Order provides for additional work at the request of $1,500.45
the City. See Change Order.
Total Change Orders $76,348.45
PAYMENT SUMMARY
No. From
To
Payment
Retainage
Completed
1 OS/24/2004 06/09/04 113,297.00 5,963.00 119,260.00
2 06/1012004 07/07/04 223,530.68 17,727.77 354,555.45
3 07/08/2004 07/26/04 343,403.46 35,801.64 716,032.78
-
4 07/27/2004 08/31/04 500,333.24 62,134.97 1,242,699.35
5 09/0112004 10/08/04 246,693.79 75,118.85 1,502,377.02
6 10/09/2004 11/02/04 89,029.17 79,804.60 1,596,091.94
Material on Hand
Total Payment to Date $1,516,287.34 Oncinal Contract $1,629,911.25
Retainaae Pay No. 6 79,804.60 Chanoe Orders $76,348.45
Total Amount Eamed $1,596,091.94 Revised Contract $1,706,259.70
61603133REQ6.xls
.. fl.. Bonestroo
II Rosene
"IilI Anderlik &
-. \J -. Associates
Engineers & Archlter;ts
Owner: City ofCenterville, 1880 Main St, Centerville, MN 55038 Date November 2, 2004
Contractor: Dresel Contractin.~, 24044 Julv Ave. Chisa.o City, MN 55013
Bond Company: National Fire Insurance of Hartford Bond No: MNC 6741
CHANGE ORDER NO. 2
2004 UTILITY AND S1REET IMPROVEMENTS
BRA FILE NO. 616-03-133
Description of Work
At the request of the City this Change Order provides for work required to fix drainage issues east of Portage way and south
of Dupre Road in Eagle Pass 2nd Addition.
Contract Unit- Total
No. Item Unit Quantity Price Amount
CHANGE ORDER NO.2
DRAINAGE WORK LS $1,500.45 $1,500.45
Total CHANGE ORDER NO.2: $1,500.45
616Q3133CH02.xls
I
Original Contract Amount
Previous Change Orders
This Change Order
Revised Contract Amount (including this change order)
$1,629,911.25
$74,848.00
$1,500.45
$1,706,259.70
CHANGE IN CONTRACT TIMES
Original Contract Times:
Substantial Completion (days or date):
Ready for fmal Payment (days or date):
Increase of this Change Order:
Substantial Completion (days or date):
Ready for final Payment (days or date):
Contract Time with all approved Change Orders:
Substantial Completion (days or date):
Ready for fmal Payment (days or date):
Recommended for Approval by:
BONESTROO, ROSENE, ANDERLlK & ASSOCIATES, INC.
7~h W~
Date: / Iv
II 3 1) i-
f ( !
Approved by Contractor:
DRESEL CONTRACTING
Approved by Owner:
CITY OF CENTERVlLLE
Date
Date
cc: Owner
Contractor
Bonding Company
Bonestrao & Assoc.
61603133CH02.xls
Oct. 18, 2004
To: Centerville City Council,
If an opening still exists on the Pl8l3lling and Zoning COIIIllission, I would
like to be considered. I have nothing in a resume that shows any background
for this coomission, but have a definite interest in the present and future
of Centerville. I've resided here for 15 years.
During the 37% years that I was employed with 3M Co., I worked in prod-
uction plarming, inventory control, and production supervision. I served on
the Centennial lEkes Police Conrnission for 3%; years and am currently serving
. ' I .
on the Arioka County Corrmmity Corrections Advisory Board. '
Thank you for your attention to my intent.
~u)7'Jl-/j?
Bob Wright, Jr.
7137 Brian Drive
Centerville, MN 55038
(651) 426-5794
RECEIVED
~ .. I (. 0 2004
.",
October 28, 2004
Dear Members of Planning and Zoning Commission:
First of all, let me introduce myself I am a local owner of a real estate company Centennial
Lakes Realty, Inc. I just started my own brokerage when my broker retired in MN. I have
worked in Real Estate for 9 years since 1995 part time. During this time I have also worked at
Prudential Life Insurance as a licensed service representative until 1999 and at Qwest
Communications until lay off last week. I have a Bachelors degree in Business Administration
with a minor in Human Resources and a minor in Safety from the U of Wisconsin - Stout.
Personally, I am married with 2 children and reside in Centerville, moving here from
Maplewood. We chose Centerville due to its size convenience to the Metro. I grew up in a town
of 4000 and want my children to enjoy the similar lifestyle that I enjoyed growing up.
Please contact me if you have any questions or concerns regarding this letter, my background
and qualifications. Thank you and have a great day!
Respectfully,
ThomasP. Wood
651-426-0212 Home
651-276-5511 Cell
CentennialLakesRealty@msn.com
{\~u~;J
~pf
Page 1 of 1
Teresa Bender
From: Paul Palzer [ppalzer@centervillemn.com]
Sent: Wednesday, October 27, 2004 1 :41 PM
To: Teresa Bender
Subject: Lot split 7334 Brian Drive
Teresa--
Could you forward this onto the Planning and Zoning Committee. Thanks, Paul
I just want the committee and the owner to be aware of several items of concem wtth the proposed lot split. The
lot currently does not have a stub for water and sewer, these will have to be connected out in the middle ofthe
street and restored to meet City standards. An escrow to the City would be required for the completion of this
work. The proposed house pad is currently in a drainage easement and the driveway will cross the outlet for the
wetland area. Possible the City may want some engineering to ensure proper drainage of this area and culvert
sizing. A more accurate survey needs to be provided to show where the proposed driveway will be situated on
the lot and in relation to the cul-de-sac.
10/27/2004
"
'Esta6tulica 1$51
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF CENTERVlLLE
NOTICE OF PUBLIC HEARING
LOT SPLIT REQUEST FOR PIN #R14-31-22-41-0016 - (7334 Brian Drive, Mr.
John Dahl) THE ENTIRE PARCEL SIZE IS 2.35 ACRES ANDMR. DAHL IS
REQUESTING THAT TWO (2) LOTS BE MADE -1.0 ACRE AND 1.35 ACRES
(THAT PART OF THE SOU'iHWESTERLY 100' FEET OF SEC 14, TWP 31,
RANGE 22, ANOKA COUNTY MN, LOT 4, BLOCK 2 THE WOODS OF
CLEARWATER CREEK
THE PUBLIC HEARINGS WILL BE HELD BEFORE BOTH THE PLANNING
AND ZONING COMMISSION AND CITY COUNCIL
NOTICE IS HEREBY GIVEN, that the Planning and Zoning COlIllI1ission and the City
Council of the City of Centerville will consider the requested lot split submitted by Mr.
Dahl (owner PIN #RI4-31-22-41-0016 - 7334 Brian Drive). The entire parcel size is
2.35 acres. Mr. Dahl is requesting that two (2) lots be made - 1.0 acre and 1.35 acres
(that part of the southwesterly 100' feet of See 14, Twp 31, Range 22, Anoka County
MN, Lot 4, Block 2 The Woods of Clearwater Creek The meetings are scheduled for
Monday, November 1, 2004 and Wednesday, November 10, 2004 respectively at 6:30
p.m. or shortly thereafter. The purpose of the meeting is to ascertain public input
regarding the above request and the possibility of granting the lot split as requested. Both
public hearings will be held in Council Chambers located at 1880 Main Street,
Centerville, Minnesota 55038.
The City Hall is ADA accessible. Requests for hearing assisted devices or a sign
language interpreter must be received before 4:00 p.m. October 29, 2004. All persons
interested are invited to attend and to be heard.
You may contact the City Clerk's office at (651) 429-3232 or by facsimile (651) 429-
8629 if you need additional information. If you desire, you may email:
ksykes@centervillemn.com or tbender@centervillenm.com with questions or concerns.
This notice is also available on the City's web site: www.centervillemn.com.
October 13, 2004
Teresa Bender, City Clerk-MCMC
Published in the Quad COlIllI1unity Press on October 19 and October 26,2004
"1"
" ervi[[e
1880 :Main Street .. CentervilCe,:M:J{ 55038
'Esta6fislierf 1857 CTIY OF CENTERVILLE (651) 429-3232 . :Fa7( (651) 429-8629
APPLICA nON FOR LOT SPLITILOT COMBINATIONIREZONING
.-- Any additional costs incurred for
FEE: I q t/ + engin~, legal fees, publication or
- otherrequrrements
DATE PAID: I () - /
STREET LOCATION OF PROPERTY: ? -;.IJ,c/ P r / /J--/\/ ~VI 'V- f'
LEGAL DESCRIPTION OF PROPERTY: //1-..3/-22 --#~oa/tf>
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SIZEOFPARCEL(S): /. 0 #c.Vf?
OT SPLI~tyrr COMBINATION: _
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REZONING:
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PROPERTY OWNER:
FEE OWNER:
ADDRESS:
APPLICANT'S INTEREST IN PROPERTY:
~EOWNER
lEASE HOLDER
PHONE#: Ce It.--- ? 0 1- 'P()~?
LVI
CONTRACT PURCHASER
OPTION TO PURCHASE
DESCRIPTION OF REQUEST:
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REASON FOR REQUEST: ~
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time,
Date
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1- ~.LU-/~:/4;U4 WW 16: UJ
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FAX
-, ,
Proposed Lot'SplU
. -.. . '_ ' 1:'._
For: John Dahl'
141001/001
, .
. "
, OF: LOT 4, BLOCK 2,. THE WOODS OF-
, 'CLEA'RWATER CREEK, Anoka Co. MiL
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THIS IS NOT A PERMIT
At their meeting held September 22, 2004 the Board of Managers of the Rice Creek .
Watershed District took action on your Permit Application as shown on the attached
document. The following definitions may be helpful to acquaint you with our procedure
and effect timely permit issuance:
CAPROC (1;.onditional APproval ~ending Receipt Of Changes) = The District has nearly
alI exhibits required for adequate review and issuance of a permit; you have 90 days to
submit the required non-administrative item(s) and six months to submit the required
administrative items. After this time, the application reverts to a denial and a new
application will heed to be submitted. Please submit additional exhibits with your
application number qfflXed in trivlicate: Failure to identify your exhibits by Permit
Application number could mean a delay in issuing your permit. For any items other
than a cash surety, the District will need time to review the exhibits and documents
prior to issuance of the permit. You must call the District Office to arrange a time
to pick up yonr permit.
Cash surety: If your project requires a cash surety, the surety will be kept through final
inspection to assure erosion control measures remain current as shoWn in plan and also
for compliance with other permit requirements. Up to the first $5,000 must be cash - a
check from the applicant is acceptable. Amounts over $5,000 are accepted in the form of
an irrevocable letter of credit or an insurance company bond. The format for the letter of
credit and bond can be found on the RCWD web page listed in the next paragraph.
If your project requires an Operation and Maintenance agreement this needs to be
submitted as a separate legal document. Guidelines for a separate legal document are
available on the RCWD website www.ricecreekwd.com. Forward one draft document
(unsigned), for review by the Permit Coordinator. Following any comments, you must
submit an acceptable original document to the County Recorder's Office and provide
RCWD with a photocopy exhibiting the Document Number. PERMIT WILL BE
ISSUED AFTER WE RECEIVE FINAL COpy AND PROOF OF RECEIPT BY
COUNTY RECORDER. When you receive the final recorded document, you must send a
copy to RCWD. No surety refund will be made by RCWD until official proof of
recording is provided.
After receipt and review of additional exhibits, more information may be required for
clarification to ensure that District's requirements have been met. If you have any
questions, please call Ken PowelI at 763-398-3070.
cc: City ofCentervilIe
RCWD File # 04-098
.
Rice Creek Watershed District Permit Application Number
04-098
Applicant:
John Dahl
1101 Holly Court
Hugo, MN 55038
Ph: 651-484-4678
Fx: % Consultant
Consultant: William McCully
Glenn Rehbein Companies
8651 Naples Street NE
Blaine, MN 55449
Ph: 763-784-0657
Fx: 763-784-6001
wmccully@rehbein.com
Purpose:
Land Development Plan and Wetland Alteration Plan to split Lot 4, Block
2 of The Woods at Clearwater Creek into 2 lots, 1.9:10 acres.
Location:
'I, mile north of Main Street and east of Brian Drive, Centerville.
T-R-S:
31-22-14 daca
District Rule: D, E & F
Recommendation: Conditional approval pending receipt of changes and outstanding
items related to:
Wetlands
1. Revised Wetland Replacement Plan satisfying TEP comments,
(see Finding 3 for discussion).
2. Proof of wetland bank credit purchase (to purchase after TEP
acceptance of sequencing).
Floodplain
3. Identification of proposed driveway culvert size (diameter) and
hydrologic calculations demonstrating no increase in 100-year'
flood elevation ofthe'onsite wetland.
4. Proposed 100-year flood elevation and existing emergency
overflow route and elevation for wetland basin north of
proposed driveway.
5. Revised grading plan complying with District freeboard
requirements (if necessary per Pending Item 4).
Emmons & Olivier Resources, Inc.
9117/04
Permit Application No. 04-098
John Dahl
Administrative
6. Electronic or reduced (llxl7) copy of approved Grading Plan.
7. Cash surety in the amount of$I,500.
Exhibits:
1. Permit Application dated Ju1y 23,2004, received July 23, 2004.
2. Project Narrative prepared by Glenn Rehbein Companies, dated July
. 12,2004, received July 12,2004.
'3. Site S~etch' prepared by Glerin Rehbein Companies, undated,
received July 12,2004.. .
4. Final Grading Plan for The Woods at Clearwater Creek prepared by
Glenn Rehbein Companies, dated July 28, 1998, received August 19,
2004.
5. Preliminary Plat for The Woods .at Clearwater Creek prepared by
Glenn Rehbein Companies, undated, received August 19,2004.
6. Site and Wetland Replacement Plan prepared by Glenn Rehbein
Companies, lastrevised September.l4, 2004, received September IS,
2004.
7. Letter requesting need for DNR permit prepared by Glenn Rehbein
Companies, dated August 18,2004, received August 19,2004.
8. Project Description prepared by Glenn Rehbein Companies, undated,
received August 19,2004.
9. Wetland Sequencing Arguments prepared by Glenn Rehbein
Companies, undated, received August 19,2004.
10. MN Application for WaterIWetland Projects, undated, received
August 19,2004.
II. MN WCA Purchase Agreement for Wetland Banking Credits, dated
August 18,2004, received August 19,2004.
12. . Application for Withdrawal of Wetland Credits from MN Wetland
Bank, undated, received August 19, 2004.
13. Location Map prepared by Glenn Rehbein Companies, undated,
received August 19,2004.
Emmons & Olivier Resources, Inc.
2
9/17/04
Permit Application No. 04-098
John Dahl
14. Comment Letter prepared by MN DNR, dated August 30, 2004,
received September 1, 2004.
15. RCWD Permit File 98-088.
Findings:
1. The project entails a lot split on Lot 4, Block 2 (1.9* acres) of The
Woods of Clearwater Creek approved under RCWD Permit 98-088.
2. Runoff from the proposed home would flow over green space before
discharging to DNR Public Waters Wetland 545w (DNR 545w).
Driveway runoff will drain to both DNR 545w and Brian Drive,
which drains to a stormwater pond constructed as part of RCWD
Permit 98-088. This satisfies District stormwater management
requirements.
3. District staff has field verified. existing wetland boundaries as
consistent with the delineation approved under RCWD Pennit 98-
088. This project proposes filling 1,744 SF (0.04 acres) of Type 6/7
wetland within DNR 545w. This exceeds the deminimis exemption
of 400 SF; therefore, 2: 1 replacement is required per WCA rules.
A wetland replacement plan applicatIon and-sequencing narrative
have been submitted, which indicates the Applicant intends on
purchasing wetland bank credits to provide the required mitigation.
However, justification for purchasing replacement credits in an
adjacent watershed is required. Additionally, the proposed
replacement wetland. to be purchased is "out-of-kind" because it is
not the same wetland type as the impacted wetland (Type 2).
Therefore, the required replacement ratio is 2.25: 1. These comments
must be addressed before proposed wetland banking credits may be
approved to mitigate for the proposed impacts. Proof of purchase of
this wetlimd bank credit is required (after TEP acceptance of
sequencing).
4. There is no RCWD 100-year regulatory flood elevation established
for this site. No floodplain fill is proposed.
The proposed driveway will cross the overland outlet route of the
onsite w~t1and (DNR 545w), which is to be maintained by a culvert
. of unspecified size. The proposed culvert invert elevations are
904.5(5) and 904.2(N), respectively. The profile view of the
proposed driveway specifies the lowest driveway overtopping
elevation to be 906.0 and that the existing low point was 904.12.
Identification of the proposed 22 LF CMPdriveway culvert size
(diameter) and hydrologic calculations demonstrating no increase in
100-year flood elevation of the onsite wetland are required_
Emmons & Olivier Resources, Inc.
3
9/17/04
, .. .' ~
Pennit Application No. 04-098
John Dahl
Based on infonnation from RCWD Pennit 98-088, emergency
overflow elevation for the onsite wetland is 906.7 located north of
the site; however, this elevation is not clearly identified on the
submitted plans. Also, there is no lOO-year flood elevation
established for the onsite wetland. The proposed lOO-year flood
elevation and emergency overflow elevation and route for the
wetland basin north of the driveway are required.
The proposed low floor elevation is 908.0. This elevation will be
evaluated for compliance with District freeboard requirements once
Pending Item 4 has been addressed.
5. An acceptable erosion control plan has been submitted including silt
fence downstream of disturbed areas, revegetation specifications and
an implementation schedule.
Board Action:
Emmons & Olivier Resources, Inc.
4
9f17/04
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RECEIVED OF AMOUNT
John Dahl $194.00
,
FOR:
Lot SoI~ Fee CI1eck I 7700
7324llrian Olive SUrcha~
BY KiMSUpJIIDf
Octoter 1, 2004
Thank you for your business.
Receipt# 1190
Minnesota Department of Natural Resources
DNR Waters - Central Region, 1200 Warner Road, St Paul, MN 55! 06-6793
Telephone: (651) 772-7910 Fax: (651) 772-7977
August 30,2004
William McCully, PE
Glenn Rehbein Companies
8651 Naples St NE
Blaine, Minnesota 55449
RE: Woods of Clearwater Creek Lot Split, Section 14, T31N-R22W, Adjacent to Public Waters Wetland No. 2-
545W, City of Centen'ille, Anoka County
A ',?
r?PVV'
Dear Mr. McCully:
We have reviewed the materials you submitted and determined that (see 'X"ed item below):
X No DNR authorization is needed for the project you propose, as the project will not be located within a
lake, wetland or stream subject to DNR Water Permit jurisdiction. Approvals or permits may be required
from other federal and/or local government units.
o Your proposed project is located within a lake, wetland or stream subject to DNR Water Permit
Jurisdiction, but no DNR permit is needed if the project is constructed in accordance with the submitted
plans and/or description. Approvals orpcrmits may be required from other federal and/or local government
units.
o Your proposed project is located ""ithin a lake, wetland or stream subject to DNR Water Permit
Jurisdiction, but your project is covered under a General Permit issued by the DNR (copv enclosed). Please
read the permit conditions to ensure compliance with this Permit
o The project you propose is within a DNR Public Waters Wetland(s), butDNR Water Permit jurisdiction
has been waived to your Local Government Unit (LGU) responsible for implementation of the Wetland
Conservation Act. The Township should be contacted for Wetland Conservation Act compliance
information.
X Other Comments: We have considered this area of wetland to be approximately 100 -120 feet dO""llstream
of the boundary of public water wetland No. 2-545W, and probably the outlet If authorized, the fill should
be placed so a, no: to restrict flows or artificially raise water levels in the wetland.
Notice; The DNR may be involved in review of your project proposal through comments to other government
agencies or the local unit of government.
If you have any questions, please feel free to contact me at 651-772-7910.
Sincerely,
~/
Tom Hovey,
Area Hydrologist I
c: City of Centerville I
Rice Creek Watershed District, Steve Hobbs
Anoka Conservation District, Becky Wozney
U.S.Army Corps of Engineers, Tim FeU
Ecological Services, Wayne Barstad
RECEIVED
SEP 0 I zoo~
DNR lnformalion 651-296-6157 . 1-888-646-6367 . Try, 651-296-5484 . t-800-657.3929
An Equ;11 Opporlill1ity tll1ph)),;\"
6 :,~:.I,l~,:.,d_,(m R~~~~'I:~ Pl\~r CUlll.li:~I.nj.: ~
7334 Brian Drive
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I
--'-:-~ID--'-- I MrMrs I First Name last Name IHoUSE! NjSlreet Address11 Citv1 IState
1 floren fpehl or Current Own ! 1935[73rd Street iCenterville iMN
2iMr. & Mrs. IMike Forsythe or Cur[1941 !73rd Street iCenteiville 'MN
3iMr. Donald 10lson or Current Own! 1949!73rd Street fCenterville iMN
4iMr. iEric larson or Curr: 1957173rd Street. fCenterville IMN
................ ..' ....:.~I~~!,riEt~(~fey.. .......'~:?ri~e~L~~~I.:~!!~.~!;~I~::~e~l~i~::8J:i:I~~...
alMr. IDoug Jost or Current I 7304 Brian Drive ICenterville IMN
9,Mr. ;Dan Hart or Current I 7305 Brian Drive iCenterville iMN
1 OiMr. & Mrs. iDalluge or Current Own I 7311 Brian Drive ICenterville 'MN
11 i IChris Mlinacshick or I 7316 Brian Drive iCenterville 'MN
.u .. ..!2{M.!::~.~rll.Ic:::!Cli!! l\r1krumorc:::urri.!.~!LEl~an Drive. .... ..:c;ent~r\lill~I!-:1f'J
........ . ...... ......... ..~%I~~~.t~i:: .I~i~~ ..... ~i~ni~r~irf !j;~M:~=~gi:~: .....I~:~{:~m:i~~.
15iMr. iBob Tschida or Curr 73291Brian Drive iCenterville IMN
16!Mr. 'Wohn Dahl or Current 7334iBrian Drive ICenterville iMN
17!Mr. & Mrs. lDick Travis or Curre 7335!Brian Drive !Centerville iMN
1aiMr. lRobert Theis or Curren I 73091Deer Pass Driv iCenterville IMN
19iMr. Ijames Foster Jr. or CUi 7311iDeer Pass Driv iCenterville IMN
20iMr. & Mrs. 'Donald Anderson or Cui 7313iDeer Pass Driv [Centerville IMN
+........... ....f ....... ......... . .. .....j.....; ...................... ...1.......
u~1i~~if~;~~y .. r~:g2~~~%~ I'H16Ig::i ~=:: gi:~ 1~:~::~1:::!~~
23iMr. & Mrs. IJesus Ibarra or Curre T 7323,Deer Pass Dnv iCentervllle IMN
24.Mr. & Mrs. [Frank Wild or Current! 7326iDeer Pass Driv !Centerville iMN
25iMr. & Mrs. 'Joseph Hoffmann or C i 7329 Deer Pass Driv ICenterville iMN
2ilMr. & Mrs. IBrent Heckman or Cui 7335 Deer Pass Driv ICenterville IMN
~~'::~ & Mrs.1~~d;~~~~t~r\lil~:~~~6~b~~: i ~~E!~~~;~~~~:ii~~~:~~i::;!~
I
(.......
Page 1
7334 Brian Drive
10/25/2004
Zio Code1 HouseTStreet Address21 Citv2 IState2 ZID Code
55038 1935 173rd Street I IMN 55038
55038 1941 173rd Street i MN 55038
55038 1949 : 73rd Street MN 55038
55038 1957 i73rd street MN 55038
55038 1967 173rd Street , MN 55038
1~I~-:73rc:l~i,:e~Lr-....:...............'.... .............-----.---...
55038 rvI./'-l.......... 55038
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55038 4941 pivision Avenu IWhite Bear MN 55110
55038 7304 'Brian Drive iCenterville MN 55038
55038 7305 iBrian Drive 'c ./ MN 55038
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55038 7311 [Brian Drive ICenterville MN 55038
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55038........ 7317 IBrian Drive :Centerville MN 55038
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55038 ?~?j.:~~~l1l5riv.e ICenterville MN :55038
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~.938 7328 'Brian Drive :Centerville MN 55038
55038 7329 IBrian Drive ICenterville MN 55038
55038 7334 [Brian Drive lCenterville MN 55038
55038 7335 [Brian Drive 'ICenterville MN 55038
55038 7309 IDeer Pass Driv ICenterville . MN 55038
55038 7311 jDeer Pass Driv ICenterville MN 55038
55038 ~~'::::~~:~lg:~}:~:l:: IrviN. 55038
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1~5038 IrviN. ... 55038
55038 MN 55038
55038 7323 [Deer Pass Driv ICenterville MN 55038
55038 7326 Deer Pass Driv jCenterville MN 55038
55038 7329 [Deer Pass Driv iCenterville MN 55038
55038 7335 . IDeer Pass Driv ICenterville MN 55038
55038 7384 IO/d Mill Road ICenterville MN 55038
55038 ..... 1880 ,rvI;3ir1~t!~Elt.. ic:entElr\lille IrviN 55038
55038 7353 [20th Avenue ICenterville 'MN
Page 2
UNAPPROVED
CITY OF CENTERVILLE
POSITION DESCRIPTION
PRIMARY OBJECTIVE OF POSITION:
This position performs a variety of skilled and unskilled tasks as well as the regular and recurring
maintenance, installation and repair work associated with the City's streets, parks and utilities.
Duties include maintaining and operating a wide range of motorized and non-motorized
equipment and tools to accomplish assigned tasks. Work is to be performed cooperatively and in
a manner that insures individual, co-worker and public safety.
SUPERVISION RECEIVED:
Works under the direction of the Public Works Director and general guidance of the City
Administrator. This position is expected to work independently with limited supervision.
SUPERVISION EXERCISED:
None.
ESSENTIAL DUTIES AND RESPONSIBILITIES:
This position will perform both unusual and recurring tasks that require considerable knowledge
and skill to operate equipment and tools for a variety of work situations and knowledge of
standard safety procedures.
The listed examples may not include all the duties performed by this position.
1. Performs assigned work to install or repair main water and sewer lines, manholes and
catch basins.
2.
Maintains roadways, including patching, filling potholes, paving, sweeping and snow
removal.
3.
I
Maintains and repairs wells, lift stations, related equipment and facilities, replacing
related parts as necessary to return equipment to serviceable condition.
4.
Takes readings on water meters; installs andlor repairs meters as necessary.
s.
Performs basic carpentry, cement work and minor building maintenance.
6.
Operates city vehicles safely to accomplish a variety of tasks, including but not limited to
picking up and delivering materials and supplies; to remove debris from different
locations and other related duties as assigned.
7.
Performs On-Call duties on a rotational basis after business hours and on weekends.
8. Responds to public inquiries in a courteous manuer, providing information within the
scope of knowledge. or refers the inquiry to the Public Works Director or City
Administrator.
9. Attends professional development workshops and conferences .to keep current of trends.
and development associated with Public Works.
DESIRED QUALIFICATIONS AND COMPETENCIES:
1. Knowledge of maintenance equipment, construction and repair methods and procedures
for streets, water and sewer lines, catch basins, pumping stations and other city owned
facilities.
2. Knowledge of safety standards and precautions related to the job and work-related duties.
3. Ability to use the equipment and tools of the trade.
4. Ability to read and write and comprehend the English language.
5. Ability to understand and follow written and oral directions.
6. Ability to work cooperatively with others and establish and maintain effective working
relationships with other employees and the general public.
(
7. Ability to perform job duties in all weather conditions and in uncomfortable conditions.
8. Ability to sustain continuous physical effort, including frequent bending, walking,
manipulation of and heavy lifting of equipment.
9. Ability to inspect, maintain and operate proficiently light and heavy equipment, such as
loader, bobcat, dump truck and snow plow.
10. Ability to work independently.
11. Ability and willingness to respond to emergencies after hours and on weekends.
MINIMUM QUALIFICATIONS:
Education and Experience
1. Must possess a valid Class B CDL.
2. Must have obtained a high school diploma or equivalent.
3. One year's experience with public works functions, including streets, parks, water
distribution, storm water and sanitary sewer collection systems.
4. Knowledgeable of the operation of heavy equipment, mechanical repair and building
maintenance.
(
5.
Must be able to obtain a Class D water license and Class SD wastewater license within 24
months of employment with the City.
TOOLS AND EQUIPMENT:
Must be able to safely operate and insure the safe operation of all pieces of equipment in the
Public Works Department.
PHYSICAL DEMANDS:
Work is performed primarily outdoors in all kinds of weather and temperatures exposing the
employee to inclement weather and hazards related to working with and around a variety of
equipment, working in confined spaces, bending, twisting, kneeling, crawling, lifting of heavy
objects, exercising physical exertion in performing heavy manual labor and dangers related to the
digging up and repairing water and/or sewer lines.
While performing the duties of this job, the employee is regularly required to be outside in
varying weather and temperatures; frequent use of hands to finger, handle, or feel objects, tools,
or controls; and reaching with hands and arms. The employee is occasionally required to stand,
walk, bend, squat, step up and step across.
(
The employee must occasionally lift and/or move up to 80 pounds. Specific vision abilities
required by this job include close vision and the ability to adjust focus.
The physical demands described here are representative of those that must be met by an
employee to successfully perform the essential functions of this job. Reasonable accommodations
may be made to enable individuals with disabilities to perform essential functions.
PRESSURES AND STRESS:
The work is usually demanding and sometimes requires the incumbent to work beyond regular
work hours. The assignments or work conditions can, on occasion, exert unusual stress or
pressure.
WORK ENVIRONMENT:
The work environment characteristics described here are representative of those the employee
may encounter while performing the essential functions of this job. Reasonable accommodations
may be made to enable individuals with disabilities to perform the essential functions.
While performing the duties of this job, the employee is regularly required to be outside in
varying weather and temperatures
The noise level in the work environment varies from noise levels often found in an office setting
to loud noises that are experienced when working with equipment at a construction site.
SELECTION GUIDELINES:
Formal application, rating of education and experience; oral interview and reference checks; pre-
employment physical exam and drug screen; background checks.
3
~
The duties listed above are intended only as illustration of the various types of work that may be
performed. The omission of specific statements of duties does not exclude them from the
position if the work is similar, related or a logical assignment to the position.
(
'Ibis job description does not constitute an employment agreement between the employer and
employee and is subject to change by the employer as the needs of the employer and the
requirements of the job change.
I have read and understand the contents and descriptions of this job description. That I have had
the opportunity to ask any questions and have them answered.
Signed:
Date:
(
Revised 11-04
4
UNAPPROVED
CITY OF CENTERVILLE
POSmON DESCRIPTION
PRIMARY OBJECTIVE OF POSITION:
Performs skilled inspections on new and existing structures for compliance with and enforcement
of building codes, zoning ordinances and contract specifications; and performs related duties or
public works maintenance duties as assigned.
SUPERVISION RECEIVED:
Works under the direct supervision of the Public Works Director/Building Official and the
general guidance of the City Administrator.
SUPERVISION EXERCISED:
None.
ESSENTIAL DUTIES AND RESPONSIBILITIES:
The listed examples may not include all the duties performed by this position.
I. Inspects construction methods and materials for compliance with building codes, contract
specifications and industry standards.
2. Inspects structures and sites for compliance with zoning ordinances and life-safety
regulations.
3. Investigates damaged or deteriorated structures for compliance with building code;
records observations and reports to supervisors, owners, contractors and other interested
individuals.
4. Investigates complaints regarding violations of zoning ordinances, the building code and
contractor licensing requirements.
5. Issues citations and correction orders when necessary to enforce compliance with building
codes, zoning ordinances, and other legislative code issues; testifies in court, producing
documents and records regarding inspection results.
6. Issues correction orders regarding code and ordinance violations and issues stop work
orders in instances where such violations would cause an order to vacate.
7. Explains and interprets building codes, zoning ordinances, and contract specifications to
contractors, property owners and public upon request and in accordance to the State of
Minnesota Data Privacy Act.
8.
Verifies building permits, licenses, and competency cards of persons engaged ill
construction projects in the City.
(
9. Recommends corrective measures or revisions for the City Ordinance related to zoning,
building code compliance, permitting process, etc.
10. Creates reports based on observations made during inspections and investigations, with
regard to building code compliance, zoning ordinances, contract specifications, permit
work, and complaints.
II. Requires the ability to be handle extensive contact with the general public and other
employees.
PERIPHERAL DUTIES:
1. Attends professional development workshops and conferences to keep current of trends
and developments associated with building inspections and Public Works.
2. Keeps up to date on changes to Minnesota Statutes that affect the building inspections.
(
MINIMUM QUALIFICATIONS:
Education and Experience
I. Certification of a building inspector.
2. Considerable knowledge of and experience in city government structure and organization.
3. Experience working with city procedures, ordinances, state and federal laws, rules and
regulations governing building inspections.
4. Experience with public works functions, including streets, parks, water distribution,
storm water and sanitary sewer collection systems.
5. Knowledgeable in the operation of heavy equipment, mechanical repair and building
maintenance.
6. High school diploma or equivalent.
DESIRED QUALIFICATIONS AND COMPETENCIES:
I. One year of building inspections experience or two years of building construction
experience. Considerable knowledge oflocal, state and federal building codes pertaining
to building materials, workmanship and construction methods.
2. Considerable knowledge of construction materials, workmanship and construction
methods.
3. Considerable ability to read and interpret blueprints, plans, and specifications involving
architectural, structural, mechanical electrical and engineering designs.
(
4.
Physical ability to work in and around unfInished structures including climbing ladders,
scaffolding, or forms; and to work in unsafe or uncomfortable surroundings, and in all
weather conditions.
5. Ability to communicate effectively both verbally and in writing.
6. Ability to function in stressful situations involving building code enforcement.
SPECIAL REQUIREMENTS:
1. A valid, unrestricted MN Driver's License with a good driving record.
2. Ability to obtain a CDL within three (3) months.
PHYSICAL DEMANDS:
The physical demands described here are representative of those that must be met by an
employee to successfully perform the essential functions of this job. Reasonable accommodations
may be made to enable individuals with disabilities to perform essential functions.
(
While performing the duties of this job, the employee is regularly required to be outside in
varying weather and temperatures; frequent use of hands to finger, handle, or feel objects, tools,
or controls; and reaching with hands and arms. The employee is occasionally required to stand,
walk, bend, squat, step up and step across.
The employee must occasionally lift and/or move up to 80 pounds. Specific vision abilities
required by this job include close vision and the ability to adjust focus.
PRESSURES AND STRESS:
The work is usually demanding and sometimes requires the incumbent to work beyond regular
work hours. The assignments or work conditions can, on occasion, exert unusual stress or
pressure.
WORK ENVIRONMENT:
The work environment characteristics described here are representative of those the employee
may encounter while performing the essential functions of this job. Reasonable accommodations
may be made to enable individuals with disabilities to perform the essential functions.
While performing the duties of this job, the employee is regularly required to be outside in
varying weather and temperatures
The noise level in the work environment varies from noise levels often found in an office setting
to loud noises that are experienced when working with equipment at a construction site.
SELECTION GUIDELINES:
Formal application, rating of education and experience; oral interview and reference checks; pre-
employment physical and drug screen; background checks.
3
(
The duties listed above are intended only as illustration of the various types of work that may be
performed. . The omission of specific statements of duties does not exclude them from the
position if the work is similar, related or a logical assigmnent to the position.
This job description does not constitute an employment agreement between the employer and
employee and is subject to change by the employer as the needs of the employer and the
requirements of the job change.
I have read and understand the contents and descriptions of this job description. That I have had
the opportunity to ask any questions and have them answered.
Signed:
Date:
(
Revised 11-04
4
UNAPPROVED
CITY OF CENTERVILLE
POSmON DESCRIPTION
PRIMARY OBJECTIVE OF POSITION:
Performs highly responsible administrative and supervisory work involving maintaining,
cleaning and repairing of all streets; assigning and supervising Public Works construction
operations; assigning and supervising snow plowing, removal and ice control operations. In
addition, the incumbent will be responsible to perform and/or direct the performance of all City
maintenance nmctions and public works activities.
SUPERVISION RECEIVED:
Works under the general guidance and direction of the City Administrator.
SUPERVISION EXERCISED:
All Public Works and Building Inspection employees.
ESSENTIAL DUTIES AND RESPONSmILlTIES:
Public Works Responsibilities
. Assigns and supervises all work in the maintenance, cleaning, and repair of streets, including
patching of street surfaces, seal coating, asphalt overlays, concrete repairs, sidewalk and
curbing repairs and roadside maintenance.
. Assigns and supervises all work in the maintenance of City buildings, water system, sanitary
sewer system, storm water system, City parks and other such duties as assigned by the City
Administrator.
. Works with City Engineer to plan specific and long range work plans for street maintenance
based on the Pavement Management Plan as adopted by City Council.
· Keeps records on City equipment, City lift stations, and City vehicles, street maintenance,
water system maintenance, sanitary sewer system maintenance, storm water system
maintenance, park maintenance, and other such records as deemed necessary by City
ordinance, policy or resolution including inventories of supplies on hand and supplies
needed.
· Supervises the routine and emergency repairs of the wells, water tower, water mains, and all
water related facilities and equipment.
· Maintains all records and reports associated with the City's water system and related water
treatment processes.
. Documents all personnel actions taken and performance evaluations of Public Works
employees.
· Recommends methods, equipment, material, and labor necessary to perform all public works
nmctions.
· Previews working conditions and practices for adherence to federal, state and local safety
regulations and coordinates safety programs.
. Receives complaints and inquiries from residents in person and over the telephone,
responding courteously and insuring prompt, appropriate action is taken.
. Responsible for the coordination and follow-through on projects as assigned by the City
Administrator. The projects could include contact with residents, the general public, City
Council, consultants, City Staff and the staff of other governmental agencies.
. Submits an annual budget to the City Administrator by July 15th to include capital equipment
purchases and capital improvement projects scheduled for the upcoming year.
. Request, review, analyze and summarize reports, statutes, and similar materials as requested
by the City Administrator.
(
(
Building Official Responsibilities
Acts as the Building Official for the City of Centerville with responsibilities as described by
State law; may be required to perform skilled inspections on new and existing structures for
compliance with and enforcement of building codes, zoning ordinances and contract
specifications; and performs related duties as required.
. Manages the overall building inspections functions for the City and includes final approval of
all structures within the City, including new construction, renovation, zoning, and other
building code issues. Resolves conflicting interpretation of codes, laws,
. Inspects structures and sites for compliance with zoning ordinances and life safety
regulations.
. Inspects damaged or deteriorated structures for compliance with building code; records
observations and reports to
External Relationships with the Public
. Establishes a good working relationship with clear respectful communications with citizens,
businesses, commissions, consultants and representatives from other political subdivisions.
. Represents the City to external groups in ways which enhance the image of Centerville and
serve the best interest of the City.
. Assures open communication, encouraging residents and businesses to be heard by the
Council.
. Performs other duties as assigned.
Relationship with Council
. May be required to attend after-hour meetings of City Council, Commissions, etc., as
assigned or needed.
Organizational Responsibility
. This position is expected to treat co-workers, residents, City officials, business owners and
the general public in a friendly, respectful and professional manner.
PERIPHERAL DUTIES:
. Attends professional development workshops and conferences to keep current of trends and
development associated with municipal Public Works, Building Codes and Building
Inspections.
. Keeps up to date on and communicates changes to the Minnesota Statutes that affect the City
ofCenterville's public works and building inspections.
(
MINIMUM QUALIFICATIONS:
Education and Experience
· Minimum of high school graduation and four (4) years experience in a progressively.
responsible municipal public works position; or
· An equivalent combination of education and experience.
(
Necessary Knowledge, Skills, and Abilities
. Considerable knowledge of city government structure and organization, city procedures,
ordinances and other laws, rules and regulations governing municipal public works and the
building code.
. Considerable knowledge of construction, maintenance and repair functions related to water,
sewer, streets and parks maintenance.
. Considerable knowledge of records maintenance and retention procedures and the legal
requirements for record keeping and retention.
. Considerable ability to establish and maintain effective working relationship with
supervisors, elected officials, subordinates, candidates, and the general public, some of whom
may be hostile.
. Ability to apply concepts of information technology to procedures while ensuring compliance
with legal requirements.
. Considerable ability to operate machines, equipment and vehicles that are routinely employed
by a municipal public works department.
. Considerable ability to plan and coordinate work programs on a City-wide basis; ability to
operate maintenance and construction equipment; ability to read and interpret engineering
plans and specifications, assign work and monitor the progress of construction and
maintenance projects.
. Considerable ability to deal with complex detail, analysis and computations
. Considerable skill in verbal and written communication.
SPECIAL REQUIREMENTS:
? A valid state driver's license or ability to obtain one within three months.
? All required licenses and certifications must be maintained as active and valid by the
incumbent.
TOOLS AND EQUIPMENT:
May require frequent use of a personal computer (including word processing and spreadsheet
software); network computer system for e-mail and internet; IO-key calculator; telephone; copy
machine; and fax machine.
PHYSICAL DEMANDS:
The physical demands described here are representative of those that must be met by an
employee to successfully perform the essential functions of this job. Reasonable accommodations
may be made to enable individuals with disabilities to perform essential functions.
3
While performing the duties of this job, ilie employee is regularly required to sit and talk or hear,
use hands to finger, handle, or feel objects, tools, or controls; and reach with hands and arms.
The employee is frequently required to stand and walk.
I (
The employee must occasionally lift and/or move more than 2S pounds. Specific vision .abilities
required by this job include close vision and ilie ability to adjust focus for distances.
PRESSURES AND STRESS:
The work is usually demanding and sometimes requires the incumbent to work beyond regular
work hours, meet deadlines, or reschedule work because of interruptions, meetings, or oilier
delays. The assignments or work conditions can, on occasion, exert unusual stress or pressure.
WORK ENVIRONMENT:
The work environment characteristics described here are representative of those employee
encounters while performing the essential functions of this job. Reasonable accommodations
may be made to enable individuals with disabilities to perform the essential functions.
The noise level in ilie work environment varies from noise levels often found in an office setting
to loud noises iliat are experienced when working with equipment at a construction site.
(
SELECTION GUIDELINES:
Formal application, rating of education and experience; oral interview and reference check; pre-
employment physical and drug screen.
The duties listed above are intended only as illustration of the various types of work that may be
performed. The omission of specific statements of duties does not exclude iliem from ilie
position if the work is similar, related or a logical assignment to the position.
This job description does not constitute an employment agreement between the employer and
employee and is subject to change by the employer as the needs of the employer and the
requirements of the job change.
I have read and understand the contents and descriptions of this job description. Any questions
that I have, I have had the opportunity to ask and have them answered.
Signed:
Effective Date:
Revised 11-04
4
l_ _ _ _ _ _
UNAPPROVED
(
CITY OF CENTERVILLE
POSITION DESCRIPTION
PRIMARY OBJECTIVE OF POSITION:
1bis position is primarily responsible for performing accurate data entry, coding transactions,
accounts receivable, accounts payable, utility billings, cash receipts, bank deposits, payroll,
posting of utility payments and assisting residents with questions regarding their utility accounts
with the City. The work is typically difficult, complex and technical and generally governed by
Council objectives. Considerable knowledge is required regarding financial reporting and
considerable accounting knowledge is fundamental.
SUPERVISION RECEIVED:
Works under the direct supervision of the Finance Director and under general direction of the
City Administrator.
SUPERVISION EXERCISED:
None.
ESSENTIAL DUTIES AND RESPONSIBILITIES:
Administrative Responsibilities
· Prepare and enter invoices and receipts using the City's accounting software program.
· Prepare bank deposits and make bank deposits.
. Post and enter utility payments.
· Assist residents in understanding their utility accounts and balances.
· Assist the Finance Director in financial reporting, budgeting, and other duties as directed by
the Finance Director.
. Prepare and enter payroll information for all City employees and Council.
. Reconcile and balance City's various bank accounts.
. Perform general typing.
· Assist with and fill in on general office and receptionist duties as required.
. Assist the City Clerk with City's elections as needed.
. Other duties as assigned.
External Relationships with the Pnblic
· Required to establish a good working relationship using clear, respectful communications
with citizens, businesses, commissions, consultants and representatives from other political
subdivisions.
· Represents the City to external groups in ways which enhance the image of Centerville and
serve the best interest of the City.
Relationship with Council
. May be required to attend after-hour meetings of City Council, Commissions, etc., as
. .
assigned or needed.
Organizational Responsibility
. This position is expected to treat co-workers, residents, City officials, business owners and
the general public in a friendly, respectful and professional manner.
(
PERIPHERAL DUTIES:
. Attends professional development workshops and conferences to keep current of trends and
developments associated with municipal finance administration.
MINIMUM QUALIFICATIONS:
Education and Experience
· . Minimum of high school diploma or equivalent;
· Two (2) years of general accounting experience;
· Ability to communicate effectively, courteously and professionally verbally;
· Ability to type 30 wpm and operate general office equipment with a minimum of training;
and have basic computer and software knowledge.
(
DESIRED QUALIFICATIONS:
Education and Experience
. Post-secondary training in accounting, business or public administration.
. Two - four (2 - 4) years of progressively responsible municipal accounting position.
NECESSARY KNOWLEDGE, SKILLS AND ABILITIES:
. Considerable knowledge of city government structure and organization.
. Knowledge of principals and practices of governmental accounting and payroll
administration.
. Knowledge of municipal utility services.
. Ability to prepare financial statements and reports and the ability to interpret the same.
. Ability to enter data accurately.
. Knowledge of records maintenance and retention procedures a.nd the legal requirements for
record keeping and retention.
. Knowledge of standard office and accounting equipment.
· Ability to operate standard word processing, spreadsheet, database, and other software
packages to organize reports and analyze and solve problems.
. Considerable ability to establish and maintain effective, respectful and professional working
relationships with supervisors, elected officials, co-workers, subordinates, candidates and the
general public, some of whom may be hostile.
. Considerable ability to plan and organize work.
. Considerable skill in verbal and written communication.
. Ability to arrive to work on time.
SPECIAL REQUIREMENTS:
A valid state driver's license or ability to obtain one within three months.
TOOLS AND EQUIPMENT:
Requires frequent use of a personal computer (including word processing and spreadsheet
software); IO-key calculator; telephone; copy machine; and fax machine.
(
PHYSICAL DEMANDS:
The physical demands described here are representative of those that must be met by an
employee to successfully perform the essential functions of this job. Reasonable accommodations
may be made to enable individuals with disabilities to perform essential functions.
While performing the duties of this job, the employee is regularly required to sit and talk or hear,
use hands to finger, handle, or feel objects, tools, or controls; and reach with hands and arms.
The employee is occasionally required to stand and walk.
The employee must occasionally lift and/or move up to 2S pounds. Specific vision abilities
required by this job include close vision and the ability to adjust focus.
PRESSURES AND STRESS:
The work is occasionally demanding and sometimes requires the incumbent to work beyond
regular work hours, meet deadlines, or reschedule work because of interruptions, meetings, or
other delays. The assignments or work conditions can, on occasion, exert unusual stress or
pressure.
(
WORK ENVIRONMENT:
The work environment characteristics described here are representative of those employee
encounters while performing the essential functions of this job. Reasonable accommodations
may be made to enable individuals with disabilities to perform the essential functions.
The noise level in the work environment is that which is expected in an office setting and is
usually quiet.
SELECTION GUIDELINES:
Formal application, rating of education and experience; oral interview and reference check; pre-
employment physical and drug screen.
The duties listed above are intended only as illustration of the various types of work that may be
performed. The omission of specific statements of duties does not exclude them from the
position if the work is similar, related or a logical assignment to the position.
This job description does not constitute an employment agreement between the employer and
employee and is subject to change by the employer as the needs of the employer and the
requirements of the job change.
3
I have read and understand the contents and descriptions of this job description. Any questions
that I have, I have had the opportunity to ask and have them answered.
(
Signed:
Effective Date:
(
Revised 11-04
4
UNAPPROVED
(
CITY OF CENTERVILLE
POSITION DESCRIPTION
PRIMARY OBJECTIVE OF POSITION:
Plan and direct all City financial functions to accurately account for financial transactions and
funds, manage financial assets to achieve optimal return and protection, and provide financial
planning, analysis and management. Duties include but are not limited to management of all
accounting functions, payroll, utility billing, investments, risk management; and providing
assistance to the City Administrator and City Council on financial planning and related matters.
SUPERVISION RECEIVED:
Works under the direction of the City Administrator.
SUPERVISION EXERCISED:
All office staff, including but not limited to the positions of City Clerk, Account Clerk II, and
Receptionist/Secretary.
(
ESSENTIAL DUTIES AND RESPONSmILITIES:
Budgets
· Coordinates the planning and drafting of a balanced budget for submission to the City
Administrator and the City Council.
· Formulates revenue projections for all fimds within the constraints of applicable laws and
expenditure requests for various departments.
· Estimates total City resources and make appropriate projections offmances.
· Assists in the departmental review of the proposed budget and in the presentation of the
proposed budget to the City Council.
. Works with other City Staff on all aspects of budgeting.
· Incorporates all City Council directed changes into the proposed budget.
. Directs the preparation of the final adopted budget.
· Files all necessary documents with the State and County regarding tax levies, levy limits, etc.;
coordinate required budget publication with City Clerk.
. Submits reports to the State of Minnesota and County as required.
· Performs cost control activities; monitors revenues and expenditures in assigned areas to
assure a sound budget and fiscal controls.
Financial Management and Accounting
· Supervise the collection of taxes, fees, and other receipts in accordance with laws and
regulations.
· Develop, maintain and monitor all accounting and financial records to ensure conformity to
generally accepted government accounting principles including GAAP, GAAFR, GASB and
State Auditor's Guidelines.
(
(
· Develop financial studies and plans; forecast, estimate, and monitor the fmancial condition to
assure fiscal well-being of the City.
· Manage and invest monies according to legally approved investment practices for City funds
and other funds as assigned.
· Prepare and coordinate the production of annual reports and fiscal projections for Tax
Increment Districts and Securities and Exchange Commission Bond Disclosure requirements.
· Oversee accounting entries to reflect Council actions and management decisions.
. Oversee the posting and reconciliation ofledgers and accounts.
. Oversee payroll, accounts payable, deposit of monies, and fixed asset processing.
. Oversee utility and general billing.
. Advises City Administrator and City Council on cash planning and availability.
· Responsible for ongoing relationship of the City's banking services.
. Implement and maintain City's capital financing programs.
. Works with CPA firm and bonding consultants in coordinating information for audits, annual
financial statements, and bonding records.
. Coordinate and prepare information for bond sales.
. Assist City Administrator with the monitoring of proposals, agreements and contractslleases.
· Oversee the administration of City debt.
. Provide monthly and quarterly reports to Council.
. Prepare special reports and analysis as required and/or directed by the City Administrator or
City Council.
· Submits various reports to state and federal govemments as requested/required.
Payroll/CompensationlEmployee Benefits
· Directs all functions of payroll, including the preparation of payroll checks, and insuring
proper handling and reporting of all required and voluntary deductions.
· Recommend adequate general property, liability, workers' compensation and other casualty
insurance coverage according to City's risk tolerance and maintains up-to-date records with
insurance carriers.
· Administer City's benefits plans, PERA and unemployment compensation; review and
update health, life, deferred compensation plans as needed.
· Act as liaison between City employees and insurance carriers supervising implementation of
policies, processing of adjustments, renewals, policy changes, claim issues and all other
insurance matters.
Administration/Supervision
. Plan and develop sound accounting policies and administrative practices for City
Administrator and City Council.
· Keep informed on pending state and/or federal legislation
· Delegate work assignments to responsible employees as needed.
. Perform timely performance evaluations of finance employees.
· Participate in Staff meetings and in developing overall policies and procedures for the City.
· May be required to attend after-hour meetings of Council, Commissions, etc., as assigned or
needed.
· Administer various grants that the City has received from the state and federal governments.
(
. Perform periodic analysis of utility rates to assure the receipts adequately cover costs of the
utility and that financial stability of these funds are maintained. .
. Performs other duties as assigned.
PERIPHERAL DUTIES:
. Develops finance related ordinances, resolutions and procedures.
. Represents the city at various conferences and meetings.
. Estimates total City resources and makes appropriate projections of finances.
. Administers the City's group health, dental and life programs.
MINIMUM QUALIFICATIONS:
Education and Experience:
· Graduation from an accredited four-year college or university with a degree in accounting,
finance, business or public administration, or a closely related field;
· Minimum of two (2) years of progressively responsible municipal fmance work and;
· Two (2) years of supervisory experience.
DESIRED QUALIFICATIONS:
. CPA designation
. Experience in Network Administration & Employee Benefits
. Preferably five (5) years of progressively responsible municipal finance work.
(
NECESSARY KNOWLEDGE, SKILLS AND ABILITIES:
· Considerable knowledge of modern governmental accounting theory, principles, and
practices; considerable knowledge of internal control procedures and financial packages.
· Considerable knowledge of office automation and computerized financial applications;
· Considerable knowledge of public finance and fiscal planning;
· Considerable knowledge of payroll and accounts payable functions;
· Working knowledge of budgetary, accounting and reporting systems, GAAFR, GAAP and
GASH.
· Ability to prepare and analyze complex financial reports;
· Ability to maintain efficient and effective financial systems and procedures;
· Ability to effectively supervise staff;
· Ability to establish and maintain effective working relationships with employees and city
officials; ability to communicate effectively orally and in writing.
SPECIAL REQUIREMENTS:
A valid state driver's license or ability to obtain one within three months. Must be bondable.
TOOLS AND EQUIPMENT:
Skill in operating a personal computer (including word processing and spreadsheet software);
network computer system including associated financial packages; lO-key calculator; phone;
copy machine; fax machine.
PHYSICAL DEMANDS:
3
The physical demands described here are representative of those that must be met by an
employee to successfully perform the essential functions of this job. Reasonable accommodations
may be made to enable individuals with disabilities to perform essential functions.
While performing the duties of this job, the employee is regularly required to reach with hands
and arms. The employee frequently is required to sit and talk or hear, use hands to finger, handle,
or feel objects, tools, or controls; and reach with hands and arms. The employee is occasionally
required to walk.
The employee must occasionally lift and/or move up to 25 pounds. Specific vision abilities
required by this job include close vision and the ability to adjust focus.
WORK ENVIRONMENT:
The work environment characteristics described here are representative of those employee
encounters while performing the essential functions of tills job. Reasonable accommodations
may be made to enable individuals with disabilities to perform the essential functions.
The noise level in the work environment is usually quiet.
SELECTION GUIDELINES:
Formal application, rating of education and experience; oral interview and reference check; pre-
employment physical and drug screen.
(
The duties listed above are intended only as illustration of the various types of work that may be
performed. The omission of specific statements of duties does not exclude them from the
position if the work is similar, related or a logical assignment to the position.
The job description does not constitute an employment agreement between the employer and
employee and is subject to change by the employer as the needs of the employer and the
requirements of the job change.
I have read and understand the contents and dcscriptions of this job description. Any questions
that I have, I have had the opportunity to ask and have them answered.
Signed:
Effective Date:
Revised .11-04
4
UNAPPROVED
~"
(
CITY OF CENTERVILLE
POSITION DESCRIPTION
PRIMARY OBJECTIVE OF POSITION:
TIlls position has varied responsibilities, including receiving, screening, routing calls and visitors
to the appropriate Staff members. It is also primarily responsible for providing organizational
skills, admiilistrative assistance and coordination for Administration functions. Must be able to
maintain a variety of files and records to be updates, accurate and readily accessible as required
or requested. Provide clerical support to other City departments, City Committees and City
Council as required or assigned by the City Finance Director.
SUPERVISION RECEIVED:
Works under the direct supervision of the City Finance Director and the general direction of the
City Administrator.
SUPERVISION EXERCISED:
None.
(
ESSENTIAL DUTIES AND RESPONSIBILITIES:
Administrative Responsibilities
. This position is required to meet and greet people at the customer service counter in a
friendly, respectful and positive manner.
. Answer incoming telephone calls in a friendly, respectful and professional manner and direct
the caller to the appropriate resource in a timely fashion.
. Perform all filing duties.
. Collect and process daily mail. Assist with City mailings.
. Issue permits and receipts as necessary and appropriate. Advise applicants of status of
penilits.
. Perform general typing.
. Assist with copying and assembling Council and Committee packets; set up Council
Chambers for meetings.
. Performs recording secretarial duties to committees as assigned. Responsible for EDC
promotional inventory.
. Change Community Bulletin sign as needed.
. Provide general information to the public as needed; update the City's web site and City's
I . Cable TV channel on a regular basis.
. Assist the City Clerk with City's elections as needed.
. Update the City's Business Directory, emergency numbers and other informational
directories as apparent. Update building, plumbing, mechanical, electrical, parking logs.
. Other duties as assigned.
(
External Relationships with the Public
. Required to establish a good working relationship using clear, respectful communications
with citizens, businesses, commissions, consultants and representatives from other political
subdivisions.
. Represents the City to external groups in ways which enhance the image of Centerville and
serve the best interest of the City.
. Prepares the releases of information for the public as directed by the City Administrator.
. Performs other duties as assigned.
Relationship with Council
. May be required to attend after-hour meetings of City Council, Commissions, etc., as
assigned or needed.
Organizational Responsibility
. This position is expected to treat co-workers, residents, City officials, business owners and
the general public in a friendly, respectful and professional manner.
PERIPHERAL DUTIES:
. Attends professional development workshops and conferences to keep current of trends and
development associated with City administration.
(
MINIMUM QUALIFICATIONS:
Education and Experience
· Minimum of high school diploma or equivalent;
· One (1) year of experience in a municipal office position;
· Ability to communicate effectively, courteously and professionally verbally;
· Ability to type 60 wpm and operate general office equipment with a minimum of training;
and have basic computer and software knowledge.
DESIRED QUALIFICATIONS:
Education and Experience
. Post-secondary education
. Two (2) years of progressively responsible position with a municipality or other local
govemment agency.
NECESSARY KNOWLEDGE, SKILLS AND ABILITIES:
. Considerable knowledge of city government structure and organization.
. Knowledge of city procedures, ordinances and other laws, rules and regulations governing
municipalities.
. Knowledge of records maintenance and retention procedures and the legal requirements for
record keeping and retention.
. Considerable ability to establish and maintain effective, respectful and professional working
relationships with supervisors, elected officials, co-workers, subordinates, candidates and the
general public, some of whom may be hostile.
. Ability to operate standard word processing, spreadsheet, database, and other software
packages to organize reports and analyze and solve problems.
/
(
. Considerable ability to plan and organize work.
. Ability to deal with complex detail involved in processing and storing Council proceedings
and records.
. I. Considerable skill in verbal and written communication.
. Ability to arrive to work on time.
SPECIAL REQUIREMENTS:
A valid state driver's license or ability to obtain one within three months.
TOOLS AND EQUIPMENT:
Requires frequent use of a personal computer (including word processing and spreadsheet
software); IO-key calculator; telephone; copy machine; and fax machine.
PHYSICAL DEMANDS:
The physical demands described here are representative of those that must be met by an
employee to successfully perform the essential functions of this job. Reasonable accommodations
may be made to enable individuals with disabilities to perform essential functions.
While performing the duties of this job, the employee is regularly required to sit and talk or hear,
use hands to fmger, handle, or feel objects, tools, or controls; and reach with hands and anus.
The employee is occasionally required to stand and walk.
(
The employee must occasionally lift and/or move up to 25 pounds. Specific vision abilities
required by this job include close vision and the ability to adjust focus.
PRESSURES AND STRESS:
The work is occasionally demanding and sometimes requires the incumbent to work beyond
regular work hours, meet deadlines, or reschedule work because of interruptions, meetings, or
other delays. The assignments or work conditions can, on occasion, exert unusual stress or
pressure.
WORK ENVIRONMENT:
The work environment characteristics described here are representative of those employee
encounters while performing the essential functions of this job. Reasonable accommodations
may be made to enable individuals with disabilities to perform the essential functions.
The noise level in the work environment is that which is expected in an office setting and is
usually quiet.
SELECTION GUIDELINES:
Formal application, rating of education and experience; oral interview and reference check; pre-
employment physical and drug screen.
The duties listed above are intended only as illustration of the various types of work that may be
performed. The omission of specific statements of duties does not exclude them from the
position if the work is similar, related or a logical assignment to the position.
3
1-
(
This job description does not constitute an employment agreement between the employer and
employee and is subject to change by the employer as the needs of the employer and the
requirements of the job change.
II have read and understand the contents and descriptions of this job description. Any questions
that I have, I have had the opportunity to ask and have them answered.
Signed:
Effective Date:
/
(
Revised 11-041
4
UNAPPROVED
(
CITY OF CENTERVILLE
POSITION DESCRIPTION
PRIMARY OBJECTIVE OF POSITION:
Performs responsible work directing the registration of voters, oversees the election process,
licensing, permitting, maintains and develops a variety of legal records and record retention
system that includes records of the City Council. Assists the City Administrator in performing
clerical and administrative duties and also assists in citizen contact functions. This position is
expected to do work ofa confidential nature and to perform job duties in a responsible and
professional manner; to employ initiative, diplomacy, judgment, and to exhibit a thorough
knowledge of general City policies, practices and ordinances.
SUPERVISION RECEIVED:
Works under the direct supervision of the Finance Director and the general guidance of the City
Administrator.
SUPERVISION EXERCISED:
( Other part time clerical as assigned.
ESSENTIAL DUTIES AND RESPONSIBILITIES:
Administrative Responsibilities
. The City Clerk is often the first point of contact with the public and the City's residents and
as such, this position requires that the incumbent is friendly, courteous, professional and able
to provide accurate information to any public inquiry received via telephones, e-mails, walk-
ins and/or mail. As backup to the receptionist, the City Clerk may be required to answer any
incoming telephone calls.
. Receive complaints and inquiries from residents in person and over the telephone, responding
courteously and ensuring prompt, appropriate action is taken.
. Author correspondence, reports, notices, publications, and other documents as requested by
the City Administrator.
. Research Council actions, ordinances, and resolutions and provides information to the public
and City staff in response to inquiries and requests for information.
. Assist the City Administrator in the compilation and production of the City Council meeting
packet, Planning and Zoning meeting packet and other meeting packets as required.
. Responsible for the coordination and follow-through on projects as assigned by the City
Administrator. The projects could include contact with residents, the general public, City
Council, consultants, City Staff and the staff of other governmental agencies.
. Maintain and preserve all City Council records and files presented at City Council meetings,
including meeting minutes, agendas, petitions, resolutions, etc. Establishes, evaluates,
reviews, and ensures compliance with records retention policies and procedures as required
State and City policies. .
· Review and verifY signatures on docwnents, ensuring they comply with legal requirements;
serve as a notary for City Council, staff and residents.
· Responsible for maintaining all records, office supplies, charts, maps, policies, ordinances,
etc., in an accurate and organized manner.
. Assists with front desk duties including answering direct public inquiries via telephones or
walk-ins, understanding that the City Clerk is often the first point of contact with the City's
residents and the public.
· Responsible for the City's elections in conjunction with and in accordance to all election
laws. This position provides for the recruiting and the training of the election judges;
supervising election judges; coordination of election activities; maintains the operation of the
election equipment; act as the City's election representative to the County and the State; keep
current with State and federal election laws, regulations and requirements. The City Clerk
notifies City officials of their election/appointment status; certifies all elected municipal
officials to the County Auditor and performs all required elections duties.
. Responsible for issuing and tracking licensing for liquor, tobacco, charitable gambling,
animals, building, mechanical, plwnbing and electrical permits, garbage hauling, rental and
any other licensing requirements as established by the City, county, state or federal agencies..
. As the City's Recycling Coordinator, the incumbent organizes the City's recycling program
and events.
. Coordinate and prepare articles for quarterly news letter; coordinate and prepare public
hearing notices, budget summaries and other legal documents as required, for publication in
the City's legal newspaper.
. Coordinate and assist in the maintenance of the City's assessment records, searches, payoffs
and current year balances. The City Clerk is responsible for sending appropriate assessments
reports to the County Assessor's Office.
. Request, review, analyze and summarize reports, statutes, and similar materials as requested
by the City Administrator.
. Assist the City Administrator with zoning administration, such as ordinance revisions,
comprehensive land use plan amendments and other planning or zoning issues.
. Other duties as assigned.
(
External Relationships with the Public
. Establishes a good working relationship with clear respectful communications with citizens,
businesses, commissions, consultants and representatives from other political subdivisions.
. Represents the City to external groups in ways which enhance the image of Centerville and
serve the best interest of the City.
. Assures open communication, encouraging residents and businesses to be heard by the
Council.
. Prepares the releases of information for the public as directed by the City Administrator.
. Performs other duties as assigned.
Relationship with Council
. May be required to attend after-hour meetings of City Council, Commissions, etc., as
assigned or needed.
· Coordinate City Council meeting activities under the direction of the City Administrator by
preparing meeting agendas, compiling and delivering meeting packets to Council, providing a
written record of Council meeting minutes, preparing public notices and coordinating
appropriate distribution and/or publication of the same.
Organizational Responsibility
· This position is expected to treat co-workers, residents, City officials, business owners and
the general public in a friendly, respectful and professional manner.
(
PERIPHERAL DUTIES:
. Attends professional development workshops and conferences to keep current of updated
information on trends, technology and development associated with City Administration.
. Keeps up to date on changes to Minnesota Statutes that affect the City of Centerville.
MINIMUM QUALIFICATIONS:
Education and Experience
· Minimum of high school graduation and four (4) years experience in a progressively
responsible municipal office position or two (2) years of college or business school and
two (2) years experience as deputy clerk.
(
DESIRED QUALIFICATIONS:
Education and Experience
. City Clerk's Certificate
. Notary
NECESSARY KNOWLEDGE, SKILLS AND ABILITIES:
. Considerable knowledge of city government structure and organization.
. Knowledge of city procedures, ordinances and other laws, rules and regulations governing
municipalities.
. Considerable knowledge of records maintenance and retention procedures and the legal
requirements for record keeping and retention.
· Considerable ability to establish and maintain effective, respectful and professional working
relationships with supervisors, elected officials, co-workers, subordinates, candidates and the
general public, some of whom may be hostile.
· Ability to apply concepts of information technology to procedures while ensuring compliance
with legal requirements.
. Considerable ability to operate standard work processing, spreadsheet, database, and other
software packages to organize reports and analyze and solve problems.
. Considerable ability to plan and organize work.
· Considerable ability to deal with complex detail involved in processing and storing Council
proceedings and records.
. Considerable skill in verbal and written communication.
. Ability to arrive to work on time.
SPECIAL REQUIREMENTS:
A valid state driver's license or ability to obtain one within three months.
3
(
TOOLS AND EQUIPMENT:
Requires frequent use of a personal computer (including word processing and spreadsheet
software); network computer system including associated financial packages; IO-key calculator;
telephone; copy machine; and fax machine..
PHYSICAL DEMANDS:
The physical demands described here are representative of those that must be met by an
employee to successfully perform the essential functions of this job. Reasonable accommodations
may be made to enable individuals with disabilities to perform essential functions.
While performing the duties of this job, the employee is regularly required to sit and talk or hear,
use hands to finger, handle, or feel objects, tools, or controls; and reach with hands and arms.
The employee is occasionally required to stand and walk.
The employee must occasionally lift and/or move up to 25 pounds. Specific vision abilities
required by this job include close vision and the ability to adjust focus.
PRESSURES AND STRESS:
The work is usually demanding and sometimes requires the incumbent to work beyond regular
work hours, meet deadlines, or reschedule work because of interruptions, meetings, or other
delays. The assignments or work conditions can, on occasion, exert unusual stress or pressure.
(
WORK ENVIRONMENT:
The work environment characteristics described here are representative of those employee
encounters while performing the essential functions of this job. Reasonable accommodations
may be made to enable individuals with disabilities to perform the essential functions.
The noise level in the work environment is that which is expected in an office setting and is
usually quiet.
SELECTION GillDELINES:
Formal application, rating of education and experience; oral interview and reference check; pre-
employment physical and drug screen.
The duties listed above are intended only as illustration of the various types of work that may be
performed. The omission of specific statements of duties does not exclude them from the
position if the work is similar, related or a logical assignment to the position.
This job description does not constitute an employment agreement between the employer and
employee and is subject to change by the employer as the needs of the employer and the
requirements of the job change.
.
4
I have read and understand the contents and descriptions of this job description. Any questions
that I have, I have had the opportunity to ask and have them answered.
(
Signed:
Effective Date:
(
Revised 11-04
5
UNAPPROVED
(
CITY OF CENTERVILLE
POSmON DESCRIPTION
PRIMARY OBJECTIVE OF POSITION:
Assist the City Council, as their chief administrative aide, in the development of public policy.
Develops and implements programs, work plans and budgets which advance the City Council's
policies with the involvement and assistance of City Department Heads and Staff. Plans,
coordinates, directs, and evaluates, under Council direction, the delivery of municipal services.
Perpetuates and manages the collaborative and team-oriented culture with all City Employees.
SUPERVISION RECEIVED:
Works under the general guidance and direction of the City Council.
SUPERVISION EXERCISED:
This position is responsible for the supervision of all City Staff.
(
ESSENTIAL DUTIES AND RESPONSIBILITIES:
Program PlanningIBudget Responsibilities
· Develops yearly work plan and budget in collaboration with Department Heads to carry out
the City Council's annual goals, guidelines and strategies.
· Recommends organizational and policy planning priorities with well documented, objective
reports designed to inform and advise the Council in establishing public policy.
· Provides information related to contemplated municipal projects and prograros as required by
City Council.
· Keeps City Council updated on City business, projects, budgets, and fiscal condition of the
City.
. Responsible for annual financial statement and annual report.
. Directs the preparation of the final adopted budget.
· Iosures all necessary documents are filed with the State and County regarding tax levies, levy
limits, etc.
· Iosures all required reports are submitted to the State of Minnesota and County as required.
· Oversees cost control activities; monitors revenues and expenditures to assure sound budget
and fiscal controls.
Personnel Management
. Supervises Department Heads and Administrative Staff.
· Develops and maintains, with Department Heads, a collaborative and team-oriented culture
within the City organization and among City Staff, which includes, but is not limited to
orientation, clear job descriptions, salary and benefits programs, union negotiations, timely
and consistent performance review of employees and on-going communication.
· Establishes and maintains effective methods of communication with City personnel to
effectively deliver City services and with Councilmembers to oversee the administration of
City Personnel.
. Participates in decisions relating to all matters affecting City personnel.
· Participate in Staff meetings and in developing overall policies and procedures for the City.
('
External Relationships with the Public
· Establishes a good working relationship with clear respectful communications with citizens,
businesses, commissions, consultants and political subdivisions.
· Provides for the representation of the City to external groups in ways which enhance the
image ofCenterviIIe and serve the best interest of the City.
· Assures open communication, encouraging residents and businesses to he heard by the
Council.
· Coordinates the preparation and releases of information for the public. Develops and
discusses public relations material with Staff and Council, as required.
(
Relationship with Council
. Ensures that the Council is provided with complete, objective and reliable information and
recommendations to establish sound public policy.
. Keeps the Council informed on pending state and/or federal legislation.
· Distributes written communications in a timely manner and prior to Council meetings.
. Attends all Council meeting or designates an alternate.
· May be required to attend after-hour meetings of Council, Commissions, etc., as assigned or
needed.
· Administer various grants that the City has received from the state and federal governments.
· Perform periodic analysis of utility rates to assure the receipts adequately cover costs of the
utility and that fmancial stability of these funds are maintained.
Organizational Culture
. Develops and maintains processes for employee involvement through participative
management and open communication.
. Develops and maintains, in collaboration with Department Heads, management processes
which encourage open interactive communication between Staff and the Council.
. Creates a working climate in which employees and encouraged to develop and achieve their
full potential. Demonstrates by personal example desired standards of conduct and work
performance.
· Performs responsibilities in a manner which promotes dedication by the entire Staff to
Council goals and objectives.
Administrative Responsibilities
· Supervises all duties of the City Clerk, ensuring compliance with City Ordinance and all
other prescribed laws and regulations.
. Supervises the conduct of all local elections and performs or delegates associated duties in
accordance with County and State laws and regulations.
· Develops and maintains understanding and awareness of federal, state, county and other
governmental programs which affect the City. Keeps the Council informed on these issues.
. Ensures the maintenance, updating and organization of the City's Meeting Minutes,
Ordinance Book, Code Book and Financial account books.
· Oversees City purchasing fimctions to ensure the procurement of quality supplies, materials
and services at a reasonable and fair cost.
. Performs other duties as assigned.
(
Scope of Decisions
· Decisions are primarily those which determine the scope, direction and objectives of the total
organization. Decisions to be made by this position are of a daily, routine nature; all
questions of major policy impact are required to go before the City Council. Decisions will
be limited by fmancial conditions, council policy, or law. On occasion, decisions will be
required to be made under conditions of uncertainty where the full range of possible
outcomes cannot be easily known or estimated.
Organizational Responsibility
· lbis position is regularly responsible for the development of programs, policies and
procedures which affect all fimctions to the total organization.
(
PERIPHERAL DUTIES:
· Attends professional development workshops and conferences to keep abreast of trends and
development in the field of City Administration.
· Keeps up to date on changes to Minnesota Statutes that affect the City of Centerville and/or
the day to day operations of the City.
MINIMUM QUALIFICATIONS:
Education and Experience:
· Bachelor of Arts Degree from an accredited four-year college or university with a degree in
Public Administration, Business Administration or a closely related field;
· Minimum of three (3) years of progressively responsible municipal management experience
and;
· Two (2) years of supervisory experience.
DESIRED QUALIFICATIONS:
. Advanced degree or equivalent desirable.
NECESSARY KNOWLEDGE, SKILLS AND ABILITIES:
· Considerable knowledge of modem policies and practices of Public Administration; a
working knowledge of municipal finance, human resources, public works, public safety,
and communication development.
· Skill in preparing and administering municipal budgets; skill in planuing, directing, and
administering municipal programs; skill in operating the listed tools and equipment.
· Ability to prepare and analyze comprehensive reports; ability to carry our assigned projects
to their completion; ability to communicate effectively verbally and in writing; ability to
establish and maintain effective working relationships with employees, Council and the
public; ability to efficiently and effectively administer a municipal govemment.
3
SPECIAL REQillREMENTS:
A valid state driver's license or ability to obtain one within three months. Must be bondable.
.
TOOLS AND EQillPMENT:
Requires frequent use of a personal computer (including word processing and spreadsheet
software); network computer system including associated fmancial packages; lO-key calculator;
telephone; copy machine; and fax machine.
PHYSICAL DEMANDS:
The physical demands described here are representative of those that must be met by an
employee to successfully perform the essential functions ofthis job. Reasonable accommodations
may be made to enable individuals with disabilities to perform essential functions.
While performing the duties of this job, the employee is regularly required to sit and talk or hear,
use hands to finger, handle, or feel objects, tools, or controls; and reach with hands and arms.
The employee is occasionally required to stand and walk.
The employee must occasionally lift and/or move up to 25 pounds. Specific vision abilities
required by this job include close vision and the ability to adjust focus.
(
PRESSURES AND STRESS:
The work is usually demanding and requires the incumbent to work beyond regular work hours,
meet deadlines, or reschedule work because of interruptions, meetings, or other delays. The
assignments or work conditions normally exert unusual stress or pressure.
WORK ENVIRONMENT:
The work environment characteristics described here are representative of those employee
encounters while performing the essential functions of this job. Reasonable accommodations
may be made to enable individuals with disabilities to perform the essential functions.
The noise level in the work environment is usually quiet.
SELECTION GUIDELINES:
Formal application, rating of education and experience; oral interview and reference check; pre-
employment physical and drug screen.
The duties listed above are intended only as illustration of the various types of work that may be
performed. The omission of specific statements of duties does not exclude them from the
position if the work is similar, related or a logical assignment to the position.
This job description does not constitute an employment agreement between the employer and
employee and is subject to change by the employer as the needs of the employer and the
requirements of the job change.
4
, ,
I
(
I have read and understand the contents and descriptions of this job description. Any questions
that I have, I have had the opportunity to ask and have them answered.
Signed:
Effective Date:
.
Revised 11-04
5
tervi{{e
'EstabMieJ 1857
MEMORANDUM
DATE:
November 10, 2004
TO:
Honorable Mayor and Councilmembers
Kim Moore-Sykes, City Administrator~
Administrator Meetings
FROM:
RE:
.........................................................................
Below is listed meetings that I attend on a regular basis on behalf of the City of
Centerville. Some meetings are not scheduled on a particular day, i.e. the third Thursday,
but rather I am notified via email of any upcoming meetings. These meetings are denoted
by an *.
Cable Operations Committee Meeting - I st Tuesday of the Month
Fire Operations Committee Meeting - I st Monday of the Month
Police Operations Committee Meeting - 4th Tuesday of the Month
TUG (Human Resources) Meeting - 2nd Tuesday of the Month
Centennial Business Women's Meeting - 3rd Tuesday of the Month
* CSAH 14 Meeting - once a month
* City Manager's Meeting - once a quarter
* 1-35WIE Corridor Meeting - as needed
* MCES - as needed
* Tri-City Operational Meeting - as needed
RECltlVED
NG'4 0 , 2004 ,)
[i/IP _ .
Drwl po1-JfA- t{u-~/
I ~cf,~
~ t;t:v!/ - / /CtJi
October 28, 2004
Kim Moore Sykes
City Administrator
City of Centerville
1880 Main Street
Centerville, MN 55038
re: Lino Lakes AUAR Agency Group
Dear Ms. Moore Sykes:
I would like to invite you to participate in an importaut plauning project. The City of
Lino Lakes has begun the process to prepare an Alternative Urban Areawide Review
(AUAR) for a large portion of the community. We would like to set up a multi-agency
group to ensure communication on the project and to help guide the AUAR project. I
would like to invite you or another representative of City ofCenterville to be part of this
agency group.
The agency group will be meeting monthly from November 2004 through February of
2005. Each of these meetings will focus on a specific aspect of the study: municipal
utility services, transportation, environmental and cultural resources, market analysis,
development scenarios. We would let you know the topic of each meeting. In addition,
there may be additional meetings beyond that through September 2005.
I have spoken with some of you about this project. If I have, please consider this letter as
a confirmation. Ifwe have not spoken, please contact me as soon as possible to let me
know if you can be part of this exciting project. I can be reached at 651-982-2425 or
ismvserllVci.lino-lakes.mn.us. I look forward to hearing from you.
Sincerely,
. ~./2/~~/~/~
~;/./ /
'./ Z/ p
Jeff Smyser
City Plauner
600 Town Center Parkway, Lino Lakes, Minnesota 55014-1182
Phone: 651-982-2400 . Fax: 651-982-2499 . TDD: 601-982-2410
tervi[[e
'Esta6{ishea 1857
1880 ;Main Street . Centeroi[[e, ;M:N 55038
(651) 429-3232 . 'Fa.rJ651) 429-8629
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF CENTERVILLE
RESOLUTION #04 - 051
A RESOLUTION DECLARING COST TO BE ASSESSED, AND ORDERING PREPARATION OF
PROPOSED ASSESSMENTS FOR THE 2004 STREET PROJECT
WHEREAS, a contract has been let (costs have been determined) for the improvement of the 2004 Street
Project involving the streets listed below and the contract (bid) price for such improvement is $1,629,911 and
the expenses incurred or to be incurred in the making of such improvement amount to $432,927 so that the total
cost of the improvement will be $2,097,757.
. Shad Avenue from Main Street to Fox Run
. Brian Drive from Main Street to ISO' north of Brian Court
. Heritage Street from Centerville Road to LaMotte Drive
. LaMotte Drive from Heritage Street to the west City Limits
. Center Street from Centerville Road to Dupre Road
. Tourville Circle from Center Street to cui de sac
. Oak Circle from Center Street to cuI de sac
. Pheasant Lane from Center Street to Short Street
. Dupre Road from 200' south of Center Street to 200' north of Center Street
Mill and overlay involving the following streets:
. Peterson Trail from Fox Run to 73m Street
The installation of municipal services in conjunction with this project such as water main, storm sewer,
sidewalks, curb and gutter are also included in the submitted report (see attached).
Also included in this project are projects within the Laurie LaMotte Memorial Park being an asphalt parking lot
and pad for the wheels park and a treatment ditch near Heritage Street. These two (2) projects will be funded
through a grant and park dedication fees.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CENTERVlLLE, MINNESOTA:
1. The portion of the cost of such improvement to be paid by the City is hereby declared to be
$1,169,145 (these funds will be expended from such accounts as water, sewer, storm and Park
Dedication Fees) and the portion of the cost to be assessed against benefited property owners is
declared to be $860,769.
2. The assessments shall be payable in equal annual installments extending over a period of
years, the first of the installments to be payable on or before the first Monday in January, 2005
and shall bear interest at the rate of percent per annum from the date of the adoption of
the assessment resolution.
3. The City Clerk, with the assistance of the City Engineer, shall forthwith calculate the proper
amount to be specially assessed for such improvement against every assessable lot, piece or
parcel of land within the district affected, without regard to cash valuation, as provided by law,
and he/she will file a copy of such proposed assessment in his office for public inspection.
4. The Clerk shall upon the completion of such proposed assessment, notifY the Council thereof.
PASSED AND ADOPTED by the City Council this 10th day of November, 2004.
Attest
City Clerk
Mayor
tervi{{e
'Esta6{isliecf 1857
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF CENTERVILLE
1880 :Main Street . Centeroille, :M:N 55038
(651)429-3232 . 'Fa:{(651) 429-8629
RESOLUTION #04 - 052
A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENTS FOR THE 2004 STREET
PROJECT
WHEREAS, by a resolution passed by the Council on November 10, 2004, the City Clerk/City Engineer were
directed to prepare a proposed assessment of the cost of improvements associated with the 2004 Street Project;
and
WHEREAS, the Clerk has notified the Council that such proposed assessment has been completed and filed in
his/her office for public inspection; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CENTERVlLLE, MINNESOTA:
1. A hearing shall be held on the 8th day of December, 2004 in the City Hall Council Chambers at
6:30 p.m. to pass upon such proposed assessments and at such time and place all persons owning
property affected by such improvement will be given an opportunity to be heard with reference
to such assessment.
2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to
be published once in the official newspaper at least two weeks prior to the hearing, and he/she
shall state in the notice the total cost of the improvements. He/she shall also cause mailed notice
to be given to the owner of each parcel described in the assessment roll not less than two weeks
prior to the hearings.
3. The owner of any property so assessed may, at anytime prior to certification of the assessment to
the County Auditor, pay the whole of the assessment on such property, with interest accrued to
the date of payment, to the City Clerk, except that no interest shall be charged if the entire
assessment is paid within 30 days from the adoption of the assessment. He/she may at any time
thereafter, pay to the City Clerk the entire amount of the assessment remaining unpaid, with
interest accrued to December 31 of the year in which such payment is made. Such payment must
be made before November 15 or interest will be charged through December 31 of the succeeding
year.
PASSED AND ADOPTED by the City Council this 10th day of November, 2004.
Attest
City Clerk
Mayor
Page 1 ofl
Teresa Bender
From: Peterson, Tom W [tpeterson@bonestroo.com]
Sent Tuesday, October 19, 2004 1 :10 PM
To: Teresa Bender
Subject: ShoreJand Management Web site
Hi Teresa,
As promised, Randy Neprash has responded. He also told me that we typically recommend Cities adopt
the DNR model shoreland management ordinance, dated June 1999. We can get you a copy of this if
you want.
Tom
-----Qriginal Message--
From: Neprash, Randy D
Sent: Tuesday, October 19,200412:11 PM
To: Peterson, Tom W
Cc: Halverson, Greg
Subject: shoreland management Web site
Tom:
Here is a Web site that night be of interest to you and the Centerville City Council. It is the Minnesota Shoretand
Management Resource Guide. It includes a page titled "Quick & Easy Answers" that has short fact sheets on
various aspects of shoreland management.
Randy
http://www.shQIm?ndmenagementQrilillve[ViewAndex.html
10/19/2004
Page 1 of 1
Teresa Bender
From: Lee Daleiden pdaleiden@ricecreekwd.com]
5etrt: Tuesday. October 19, 2004 10:18 AM
To: Teresa Bender
Subject: RE:
The DNR is the best place to reference a shoreland ordinance. Most communities I counties adoplthe DNR's
standards or use this as a base model. Please view their web page (Rice Creek WD has a fink) and use the
search button to find what your looking for. If you need further assistance please let me know.
lks - Lee
--Qriginal Message-
From: Teresa Bender [mailto:lllender@centervillemn.com]
Sent: Tuesday, October 19, 2004 9:18 AM
To: lee Daleiden
Subjed::
Dear Lee:
Does the Rice Creek Watershed District have a Model Shoreland Ordinance? If not, can you get your
hands on one?
Please let me know and thanks in advance.
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1880 mw..~
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10/19/2004
SAMPLESHORELANDMANAGEMENTORDffiANCE
June 1999
DNR Waters: Shore land Management Program
Department of Natural Resources
Preface
This document is to be used as a guide for the adoption ofland use regulations consistent with
statewide standards for "Management of Shore land Areas", Minnesota Regulations Parts
6120.2500 - 6120.3900, which became effective on July 3,1989. Respective counties, and select
municipalities for incorporated areas within counties, will be notified in writing by the
Commissioner ofthe Department of Natural Resources if they must adopt these new state
standards. The timeframe for mandatory adoption is within 2 years after notification to adopt.
The sample ordinance that follows includes the full array of zoning and subdivision regulations for
the most complex or all inclusive of shoreland management situations. The sample ordinance is
not intended as free-standing zoning and subdivision code. It could be adopted as a separate
section(s) within a community's existing zoning and subdivision regulations. If a community has
no existing community-wide land use regulations at the time of shoreland ordinance adoption,
then additional administrative and development review processes would have to be established as
explained herein.
It is anticipated that a local government's adopted shoreland ordinance will deviate from this
sample ordinance as the situation warrants. The sample ordinance does provide a framework or
baseline for DNR's review of a local government's adopted shore land ordinance. If a provision
from the sample ordinance is not included, the Department will look for a reason or justification
for its exclusion. The section ofthis package which follows, titled "Introduction to Sample
Shoreland Ordinance", identifies those ordinance provisions that are recommended only and many
of the reasons or justifications for revising or not including certain provisions.
Townships considering adoption of shoreland regulations should pay special attention to
Appendix A which outlines additional provisions that must be met.
A local government should keep in close contact with their DNR area hydrologist throughout the
ordinance adoption process. The area hydrologist will provide advice and assistance as time
permits and this contact should ensure the DNR's speedy approval of the ordinance at the end of
the adoption process. An "Ordinance Certification Checklist" has been provided in Appendix B
which identifies the key procedural aspects of adoption that the DNR will verify when receiving a
local government's shore land regulations.
INTRODUCTION TO SAMPLE SHORELAND MANAGEMENT ORDINANCE
This introduction is intended as a guide for the use of the Department of Natural Resources',
"Sample Shoreland Ordinance", dated January I, 1990. What follows is not a step-by-step
explanation of the sample ordinance. Local officials will have to use judgement in drafting their
shoreland ordinance, and hopefully after consultation with their DNR area hydrologist.
This sample ordinance is not a free-standing set of zoning and subdivision regulations. It could be
adopted as a separate section(s) of existing zoning and subdivision regulations. The
community/user may find some of the recommended language duplicative or the user may wish to
dissect the sample ordinance for inclusion into the appropriate separate parts of a comprehensive
zoning and subdivision code. The DNR will accept any legitimate ordinance format that contains
the necessary regulatory language.
The format of this document is a section-by-section discussion of the sample ordinance. A given
explanation of a section may be brief, advising only whether the provisions are optional or
mandatory. Other explanations may be lengthy and describe which language is required or how
comprehensive or complex issues are to be handled.
Prior to spending a considerable amount of time on preparing a draft shore land ordinance, local
officials should contact their area hydrologist for further direction. Questions should be referred to
the community's area hydrologist or to (612) 296-4800.
SECTION 1.0 - STATUTORY AUTHORIZATION AND POLICY
It is recommended that the provisions of Sections 1.1 and 1.2 or similar provisions be included in a
community's zoning controls. This will establish legislative authority and policies for the ordinance
should a later appeal or court action follow. A community may have an existing zoning ordinance
section that deals with statutory authorization and policy, where these statutory and rule citations
and policies could be included.
SECTION 2.0 - GENERAL PROVISIONS AND DEFINITIONS
Again, a community with existing community-wide land use regulations probably has most or all of
the provisions in Sections 2.1 - 2.6. Those communities that do not are encouraged to include
these Sections.
The defmitions in Section 2.7 are generally the minimum definitions necessary for a compliant
shoreland ordinance. Obviously, a community could amend a definition to make it more
comprehensive/restrictive. A defmition may not be necessary if a given feature or land use is not
present in the community or a regulatory option is not to be chosen. For example: I) the
definition of "guest cottage" would not be needed ifthe community opts to not allow guest
cottages by excluding Section 5.14, C of the sample ordinance (page 19) from their adopted
ordinance; or 2) definitions of certain types of land uses are not necessary (e.g., industrial use,
commercial use, planned unit development, etc.) if they are not an allowable use within shorelands.
The community should be able to explain why a given defInition in Section 2.8 is modifIed or not
included.
SECTION 3.0 - ADMINISTRATION
Essentially, the language in Sections 3.1 - 3.4 must be in a community's shore land ordinance or
comparable language must be in a community's existing community-wide land use regulations.
Most communities with land use regulations will likely already require permits (Section 3.11),
certificates of zoning compliance (Section 3.2), and include guidance language on the issuance of
variances (Section 3.31). Adjustments to existing sections of community-wide regulations will be
necessary if specifIc shore land issues are not adequately covered.
The Department of Natural Resources, Division of Waters has suggested "forms" for building
permit applications, issuance of permits, conditional uses, and variances, and certification of fmal
construction. These forms are available upon request.
For Section 3.3, a zoning ordinance is not legally enforceable unless the community has formally
established a board of adjustment. The Department of Natural Resources has developed
recommended language to establish a board of adjustment and the procedures for conduct of
business ofthe board should this be necessary. When a community grants a variance that the DNR
recommended be denied in the hearing record, the community is strongly encouraged to include
the optional language in Section 3.32, which states:
I) When a variance is approved after the Department of Natura I Resources has formally
recommended denial in the hearing record, the notification of the approved variance required in
Section 3.42 below shall also include the board of adjustment's summary ofthe public
record/testimony and the fIndings of facts and conclusions which supported the issuance of the
variance. II
This enables the DNR to provide a more timely decision to the permittee as to whether the
Department will appeal the decision of the community.
SECTION 4.0
Section 4.1 - Shoreland ClassifIcations:
A shore land ordinance must list the qualifYing public waterbodies and the corresponding shoreland
management classifIcation scheme for these public waters. Communities need to: I) list the public
waterbodies meeting the size criterion of Minnesota Regulations, Part 6120.2500, Subp. 13, in the
text of the ordinance; and 2) specifY the appropriate lake or river classification for these
waterbodies and the (legal) description of the upper and lower boundary of each river
classifIcation.
Communities are also strongly encouraged to identuy shoreland classifIcations on their official
zoning map and to delineate the landward extent of the shore land district as accurately as possible.
This is an eligible item for ordinance adoption assistance under the DNR's Shore land Grant
Program. In no case should a community state in the text of the ordinance that they will do this
delineation and then not follow through and show the shoreland district boundary on the official
zoning map. A copy of a community's official zoning map must accompany a shoreland ordinance
text that is submitted to DNR for approval.
The DNR's area hydrologists have listings and/or maps for each community showing (preliminary)
lake and river classifications. For outstanding recreational rivers, area hydrologists have
preliminary classification maps and tables for the 5 specific river classifications above ("Remote"
through "Urban") which identifY the legal descriptions of the river classification boundaries.
Protected waters inventory (PWI) maps for the respective county are available from the area
hydrologist and can be used to identifY the remaining "Tributary" river and stream reaches in the
community. Local governments may consider adopting these additional documents by reference
into their shoreland ordinance if these documents are properly dated, labelled, and signed.
Section 4.2 - Land Use District Designations:
Communities are encouraged to demonstrate at the time of shoreland ordinance adoption that the
categories ofland use districts in the zoning ordinance text (and their designation on the official
zoning map) meet state standards. These land use district designations could have been developed
in a section of the ordinance devoted specifically to shore lands, or the community could
demonstrate that its existing community-wide land use district designations as applied to
shore lands already meet the intent of state shore land management standards. In determining
compliance with state standards, the following provisions of Minnesota Regulations, Part
6120.3100, must be satisfied:
1. The management of areas unsuitable for development due to wet soils, steep slopes,
flooding, inadequate drainage, severe erosion potential, presence of significant historic sites, or any
other feature likely to be harmful to the health, safety, or welfare of the residents of the
community.
2. The reservation of areas suitable for residential development from encroachment by
commercial and industrial uses.
3. The centralization of service facilities for residential areas and enhancement of economic
growth for those areas suitable for limited commercial development.
4. The management of areas for commercial or industrial uses which, by their nature, require
location in shore land areas.
5. The protection of valuable agricultural lands from conversion to other uses.
6. The preservation and enhancement of the quality of water-based recreational use of public
waters including provisions for public accesses.
I
I
l
Generally, the Department of Natural Resources will accept existing or proposed land use district
designations in the zoning ordinance text and on the official zoning map as "substantially
compliant" if the local unit of government demonstrates the following compliance fmdings:
Compliance Findings:
The Community has an up-to-date comprehensive land use plan with a water resource
element and/or a separate local water plan (updating a community's comprehensive land use plan
for shore land considerations is an eligible item for cost-sharing under DNR's Shoreland Grant
Program);
The community, via an official resolution of the government body, makes a specific finding
that the goals, policies, and objectives of the comprehensive plan/local water plan and the 6
provisions noted above have been satisfied; and
A public hearing(s) has been held and adequate investigations conducted to insure against
incompatibility ofland uses, both within existing land use districts or by land uses in adjacent land
use districts.
The Department of Natural Resources will request a community to justiJy land use districts that are
not substantially compatible with state standards via the "implementation flexibility" language in
Minnesota Regulations, Part 6120.2800, Subp. 3. While "substantial noncompliance" is
judgemental, the DNR would question the following types ofland use district regulations:
There is a mixture ofland uses within a given land use district that are incompatible with
each other (e.g., commercial use in a single residential district, commercial use in a special
protection district, etc.);
Not requiring a conditional use permit for a given land use where this is required by state
standards and is necessary to properly review and approve the development;
Allowing a land use inconsistent with a waterbody's classification; or
Having the intensity of a land use, and not the land use type itself, be inconsistent with the
land use district (e.g., mixing "single residential" and "high density residential" in the same district).
Section 4.23 - Inconsistent Land Use Districts:
Communities that do not demonstrate compliance of their existing land use districts must include
Section 4.23 ofthis sample ordinance. Communities can continue to enforce their inconsistent
land use districts, but the community must include a section similar to Section 4.2 of the sample
ordinance with compliant land uses which will be used for the long-term upgrading of these
inconsistent land use district regulations.
SECTION 5.0 - ZONING AND WATER SUPPL Y/SANlTARY PROVISIONS
Sections 5.1 - 5.5:
Sections 5.1 - 5.5 contain the setback, design, and other performance standards generic to most
shoreland development. Most communities will adopt the categories of provisions in Sections 5.1-
5.5. Certain provisions can be deleted if they do not apply to a community (e.g., certain lake or
river classifications not present, no unsewered areas, etc.). Further, certain provisions are optional
and need not be included (e.g., Sections 5.14, c. and d.) ifa development option is not included.
Please note that the provisions for "height of structures" in Section 5.23 are applicable to
incorporated areas only.
Section 5.6:
Communities will only include provisions similar to Section 5.6 if these types ofIand uses are
allowable within the community. If any ofthe use provisions in Section 5.6 are not included, then
the respective land uses cannot be an allowable use in the land use district tables in Section 4.0.
Section 5.7 - Conditional Uses:
The sample ordinance assumes communities have established procedures in their comprehensive
zoning regulations for processing, reviewing and granting conditional use applications. The
provisions of Section 5.7 must be added for shoreland areas only.
Section 5.8 - Water Supply and Sewage Treatment:
This is the minimal acceptable language for shore land areas. Local governments may choose to
adopt their own comprehensive sewage treatment code in lieu of adopting MPCA's Chapter 7080
by reference. This code would have to be as restrictive or more restrictive than Chapter 7080.
Communities adopting their own comprehensive sewage treatment system code must submit this
code to DNR at least 60-days in advance of submitting their shore land ordinance to DNR for
approval. This 60-day period is necessary for the MPCA to review and approve the community's
sewage code as meeting state standards in Chapter 7080.
SECTION 6.0 - NONCONFORMITIES
Communities must include Sections 6.11 and 6.12 unless they can demonstrate that they have no
nonconforming, undeveloped lots of record and no nonconforming structures, respectively. A
structure is a nonconforming structure if it does not meet the placement, design or height criteria
of Section 5.0 of the sample ordinance.
Section 6.13 is mandatory if a community has on-site sewage treatment systems. Local
governments must develop and implement programs to identify and upgrade sewage treatment
systems that do not meet proper design criteria. In addition to requiring reconstruction when
permits or variances are issued, a local program must implement one ofthe following approaches
to upgrading nonconforming systems:
I. A systematic review of existing records to determine which systems in the jurisdiction are
nonconforming and requiring reconstruction when practicable;
2. A systematic on-site inspection program including all properties where adequate record of
conformances does not exist, identifYing nonconforming or illegal systems and requiring
reconstruction when appropriate; or
3. A notification or education program that is oriented toward convincing substantial numbers
of property owners to evaluate their sewage systems and voluntarily upgrade the sewage treatment
system, if appropriate.
No later than the date of adoption of compliant shore land regulations, a community must submit a
formal resolution to the commissioner indicating which of the above three options the community
has selected. The commissioner can accept other programs if they are justified by the local unit of
government.
SECTION 7.0 - SUBDlVISION/PLATTING PROVISIONS
A community must adopt, at a minimum, the subdivision and platting provisions of this Section of
the sample ordinance. A community must demonstrate that it has a legally enforceable mechanism
to administer these procedures, standards and criteria. A community must submit a copy of its
subdivision regulations to the Department of Natural Resources prior to receiving state approval
that the community's overall shore1and regulations are in compliance with Minnesota Regulations,
Parts 6120.2500 - 6120.3900.
SECTION 8.0 - PLANNED UNIT DEVELOPMENTS
Local governments must consider incorporating provisions allowing planned unit developments
(PUD's). If a community chooses to allow PUD's, they may be allowed for new projects on
undeveloped land, redevelopment of previously built sites, or conversions of existing buildings and
land. These PUD provisions must be consistent with or more restrictive than the provisions of
Section 8.0. At such time as the commissioner approves the local government's shore land
regulations, PUD approval would be the sole responsibility ofthe local government. Also, please
note that the Department of Natural Resources has developed a PUD Evaluation Worksheet to aid
in the administration of these provisions, which is available upon request.
6.3
Structures
Nonconforming Sewage Treatment Systems
Section 7.0 Subdivision/Platting Provisions
Section 8.0 Planned Unit Developments
APPENDICES
Appendix A Considerations for Township Zoning
Appendix B Ordinance Certification Checklist
33
34
35
37
PAGE
A-I
B-1
January 1, 1990
SAMPLE SHORELAND MANAGEMENT ORDINANCE
SECTION 1.0 - STATUTORY AUTHORIZATION AND POLlCY
1.1 Statutory Authorization
This shoreland ordinance is adopted pursuant to the authorization and policies contained in
Minnesota Statutes, Chapter 105, Minnesota Regulations, Parts 6120.2500 - 6120.3900, and the
planning and zoning enabling legislation in Minnesota Statutes, Chapter 394 (for counties) or
Chapter 462 (for municipalities).
1.2 Policy
The uncontrolled use of shorelands of (the Community of) , Minnesota
affects the public health, safety and general welfare not only by contributing to pollution of public
waters, but also by impairing the local tax base. Therefore, it is in the best interests of the public
health, safety and welfare to provide for the wise subdivision, use and development of shorelands
of public waters. The Legislature of Minnesota has delegated responsibility to local governments
of the state to regulate the subdivision, use and development of the shorelands of public waters and
thus preserve and enhance the quality of surface waters, conserve the economic and natural
environmental values of shorelands, and provide for the wise use of waters and related land
resources. This responsibility is hereby recognized by (the Community 01)
SECTION 2.0 - GENERAL PROVISIONS AND DEFINITIONS
2.1 Jurisdiction
The provisions of this ordinance shall apply to the shorelands of the public water bodies as
classified in Section 4.0 ofthis ordinance. Pursuant to Minnesota Regulations, Parts 6120.2500 -
6120.3900, no lake, pond, or flowage less than 10 acres in size in municipalities or 25 acres in size
in unincorporated areas need be regulated in a local government's shoreland regulations. A body
of water created by a private user where there was no previous shoreland may, at the discretion of
the governing body, be exempt from this ordinance.
2.2 Compliance
The use of any shore land of public waters; the size and shape of lots; the use, size, type and
location of structures on lots; the installation and maintenance of water supply and waste treatment
systems, the grading and filling of any shore land area; the cutting of shoreland vegetation; and the
subdivision ofland shall be in full compliance with the terms of this ordinance and other applicable
regulations.
2.3 Enforcement
The (local government or designated official) is responsible for the
administration and enforcement of this ordinance. Any violation of the provisions ofthis ordinance
or failure to comply with any of its requirements (including violations of conditions and safeguards
established in connection with grants of variances or conditional uses) shall constitute a
misdemeanor and shall be punishable as dermed by law. Violations of this ordinance can occur
regardless of whether or not a permit is required for a regulated activity pursuant to Section 3.1 of
this ordinance.
2.4 Interpretation
In their interpretation and application, the provisions of this ordinance shall be held to be minimum
requirements and shall be liberally construed in favor of the governing body and shall not be
deemed a limitation or repeal of any other powers granted by State Statutes.
2.5 Severability
If any section, clause, provision, or portion of this ordinance is adjudged unconstitutional or invalid
by a court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby.
2.6 Abrogation and Greater Restrictions
It is not intended by this ordinance to repeal, abrogate, or impair any existing easements,
covenants, or deed restrictions. However, where this ordinance imposes greater restrictions, the
provisions ofthis ordinance shall prevail. All other ordinances inconsistent with this ordinance are
hereby repealed to the extent ofthe inconsistency only.
2.7 Definitions
Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as
to give them the same meaning as they have in common usage and so as to give this ordinance its
most reasonable application. For the purpose ofthis ordinance, the words "must" and "shall" are
mandatory and not permissive. All distances, unless otherwise specified, shall be measured
horizontally.
2.711 Accessory structure or facility. "Accessory structure" or "facility" means any building or
improvement subordinate to a principal use which, because of the nature of its use, can reasonably
be located at or greater than normal structure setbacks.
2.712 Bluff. "Bluff' means a topographic feature such as a hill, cliff, or embankment having the
following characteristics (an area with an average slope of less than 18 percent over a distance for
50 feet or more shall not be considered part of the bluff):
(I) Part or all of the feature is located in a shore land area;
(2) The slope rises at least 25 feet above the ordinary high water level of the waterbody;
(3) The grade of the slope from the toe of the bluff to a point 25 feet or more above the
ordinary high water level averages 30 percent or greater; and
(4) The slope must drain toward the waterbody.
2.713 Blutfimpact zone. "Bluff impact zone" means a bluff and land located within 20 feet from
the top of a bluff.
l_
2.714 Boathouse. "Boathouse" means a structure designed and used solely for the storage of
boats or boating equipment.
2.715 Building line. "Building line" means a line parallel to a lot line or the ordinary high water
level at the required setback beyond which a structure may not extend.
2.716 Commercial planned unit developments. "Commercial planned unit developments" are
typically uses that provide transient, short-term lodging spaces, rooms, or parcels and their
operations are essentially service-oriented. For example, hoteVmotel accommodations, resorts,
recreational vehicle and camping parks, and other primarily service-oriented activities are
commerical planned unit developments.
2.717 Commercial use. "Commercial use" means the principal use of land or buildings for the
sale, lease, rental, or trade of products, goods, and services.
2.718 Commissioner. "Commissioner" means the commissioner of the Department of Natural
Resources.
2.719 Conditional use. "Conditional use" means a land use or development as defmed by
ordinance that would not be appropriate generally but may be allowed with appropriate restrictions
as provided by official controls upon a fmding that certain conditions as detailed in the zoning
ordinance exist, the use or development conforms to the comprehensive land use plan of the
community, and the use is compatible with the existing neighborhood.
2.720 Deck. "Deck" means a horizontal, unenclosed platform with or without attached railings,
seats, trellises, or other features, attached or functionally related to a principal use or site and at
any point extending more than three feet above ground.
2.721 Duplex, triplex, and quad. "Duplex," triplex," and "quad" means a dwelling structure on a
single lot, having two, three, and four units, respectively, being attached by common walls and
each unit equipped with separate sleeping, cooking, eating, living, and sanitation facilities.
2.722 Dwelling site. "Dwelling site" means a designated location for residential use by one or
more persons using temporary or movable shelter, including camping and recreational vehicle sites.
2.723 Dwelling unit. "Dwelling unit" means any structure or portion ofa structure, or other
shelter designed as short-or long-term living quarters for one or more persons, including rental or
timeshare accommodations such as motel, hotel, and resort rooms and cabins.
2.724 Extractive use. "Extractive use" means the use of land for surface or subsurface removal of
sand, grave~ rock, industrial minerals, other nonmetallic minerals, and peat not regulated under
Minnesota Statutes, sections 93.44 to 93.51.
2.725 Forest land conversion. "Forest land conversion" means the clear cutting of forested lands
to prepare for a new land use other than reestablishment of a subsequent forest stand.
2.726 Guest cottage. "Guest cottage" means a structure used as a dwelling unit that may contain
sleeping spaces and kitchen and bathroom facilities in addition to those provided in the primary
dwelling unit on a lot.
2.727 Hardship. "Hardship" means the same as that term is defmed in Minnesota Statutes,
Chapter 394 (for counties) or Chapter 462 (for municipalities).
2.728 Height of building. "Height of building" means the vertical distance between the highest
adjoining ground level at the building or ten feet above the lowest ground leve~ whichever is
lower, and the highest point ofa flat roofor average height of the highest gable ofa pitched or
hipped roof.
2.729 Industrial use. "Industria] use" means the use of land or buildings for the production,
manufacture, warehousing, storage, or transfer of goods, products, commodities, or other
wholesale items.
2.730 Intensive vegetation clearing. "Intensive vegetation c]earing" means the complete removal
of trees or shrubs in a contiguous patch, strip, row, or block.
2.731 Lot. "Lot" means a parcel of land designated by plat, metes and bounds, registered land
survey, auditors plot, or other accepted means and separated from other parcels or portions by said
description for the purpose of sale, lease, or separation.
2.732 Lot width. "Lot width" means the shortest distance between lot lines measured at the
midpoint of the building line.
2.733 Nonconformity. "Nonconformity" means any legal use, structure or parcel ofland already
in existence, recorded, or authorized before the adoption of official controls or amendments
thereto that would not have been permitted to become established under the terms of the official
controls as now written, if the official controls had been in effect prior to the date it was
established, recorded or authorized.
2.734 Ordinary high water level. "Ordinary high water level" means the boundary of public waters
and wetlands, and shall be an elevation delineating the highest water level which has been
maintained for a sufficient period oftime to leave evidence upon the landscape, commonly that
point where the natural vegetation changes from predominantly aquatic to predominantly
terrestrial. For watercourses, the ordinary high water level is the elevation of the top ofthe bank
ofthe channel. For reservoirs and flowages, the ordinary high water level is the operating
elevation of the norma] summer pool.
2.735 Planned unit development. "Planned unit development" means a type of development
characterized by a unified site design for a number of dwelling units or dwelling sites on a parcel,
whether for sale, rent, or lease, and also usually involving clustering of these units or sites to
provide areas of common open space, density increases, and a mix of structure types and land uses.
These developments may be organized and operated as condominiums, time-share condominiums,
cooperatives, full fee ownership, commercial enterprises, or any combination ofthese, or cluster
subdivisions of dwelling units, residential condominiums, townhouses, apartment buildings,
campgrounds, recreational vehicle parks, resorts, hotels, motels, and conversions of structures and
land uses to these uses.
2.736 Public waters. "Public waters" means any waters as defined in Minnesota Statutes, section
105.37, subdivisions 14 and 15.
2.737 Residential planned unit development. "Residential planned unit development" means a use
where the nature of residency is nontransient and the major or primary focus of the development is
not service-oriented. For example, residential apartments, manufactured home parks, time-share
condominiums, townhouses, cooperatives, and full fee ownership residences would be considered
as residential planned unit developments. To qualify as a residential planned unit development, a
development must contain at least five dwelling units or sites.
2.738 Semipublic use. "Semipublic use" means the use ofland by a private, nonprofit
organization to provide a public service that is ordinarily open to some persons outside the regular
constituency of the organization.
2.739 Sensitive resource management. "Sensitive resource management" means the preservation
and management of areas unsuitable for development in their natural state due to constraints such
as shallow soils over groundwater or bedrock, highly erosive or expansive soils, steep slopes,
susceptibility to flooding, or occurrence of flora or fauna in need of special protection.
2.740 Setback. "Setback" means the minimum horizontal distance between a structure, sewage
treatment system, or other facility and an ordinary high water level, sewage treatment system, top
of a bluff, road, highway, property line, or other facility.
2.741 Sewage treatment system. "Sewage treatment system" means a septic tank and soil
absorption system or other individual or cluster type sewage treatment system as described and
regulated in Section 5.8 of this ordinance.
2.742 Sewer system. "Sewer system" means pipelines or conduits, pumping stations, and force
main, and all other construction, devices, appliances, or appurtenances used for conducting sewage
or industrial waste or other wastes to a point of ultimate disposal.
2.743 Shore impact zone. "Shore impact zone" means land located between the ordinary high
water level of a public water and a line parallel to it at a setback of 50 percent of the structure
setback.
2.744 Shoreland. "Shoreland" means land located within the following distances from public
waters: 1,000 feet from the ordinary high water level ofa lake, pond, or flowage; and 300 feet
from a river or stream, or the landward extent of a floodplain designated by ordinance on a river or
stream, whichever is greater. The limits of shore lands may be reduced whenever the waters
involved are bounded by topographic divides which extend landward from the waters for lesser
distances and when approved by the commissioner.
2.745 Significant historic site. "Significant historic site" means 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 unplatted
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.
2.746 Steep slope. "Steep slope" means 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 provisions ofthis ordinance. Where specific information is not available,
steep slopes are lands having average slopes over 12 percent, as measured over horizontal
distances of 50 feet or more, that are not bluffs.
2.747 Structure. "Structure" means any building or appurtenance, including decks, except aerial
or underground utility lines, such as sewer, electric, telephone, telegraph, gas lines, towers, poles,
and other supporting facilities.
2.748 Subdivision. "Subdivision" means land that is divided for the purpose of sale, rent, or lease,
including planned unit developments.
2.749 Surfuce water-oriented commercial use. "Surface water-oriented commercial use" means
the use of land for commercial purposes, where access to and use of a surface water feature is an
integral part of the normal conductance of business. Marinas, resorts, and restaurants with
transient docking facilities are examples of such use.
2.750 Toe of the bluff. "Toe of the bluff" means the lower point ofa 50-foot segment with an
average slope exceeding 18 percent.
2.751 Top of the bluff. "Top of the blufl" means the higher point ofa 50-foot segment with an
average slope exceeding 18 percent.
2.752 Variance. "Variance" means the same as that term is defmed or described in Minnesota
Statutes, Chapter 394 (for counties) or Chapter 462 (for municipalities).
2.753 Water-oriented accessory structure or facility. "Water-oriented accessory structure or
facility" means 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 surfuce 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.
2.754 Wetland. "Wetland" means a surface water feature classified as a wetland in the United
States Fish and Wildlife Service Circular No. 39 (1971 edition).
SECTION 3.0 - ADMINISTRATION
3.1 Permits Required
3.11 A permit is required for the construction of buildings or building additions (and including
such related activities as construction of decks and signs), the installation and/or alteration of
sewage treatment systems, and those grading and filling activities not exempted by Section 5.3 of
this ordinance. Application for a permit shall be made to the (designated official)
on the forms provided. The application shall include the necessary
information so that the (designated official) can determine the site's
suitability for the intended use and that a compliant sewage treatment system will be provided.
3.12 A permit authorizing an addition to an existing structure shall stipulate that an identified
nonconforming sewage treatment system, as defmed by Section 5.8, shall be reconstructed or
replaced in accordance with the provisions of this ordinance.
3.2 Certificate of Zoning Compliance
The (designated official) shall issue a certificate of zoning compliance for
each activity requiring a permit as specified in Section 3.1 of this ordinance. This certificate will
specifY that the use of land conforms to the requirements of this ordinance. Any use, arrangement,
or construction at variance with that authorized by permit shall be deemed a violation of this
ordinance and shall be punishable as provided in Section 2.3 of this ordinance.
3.3 Variances
3.31 Variances may only be granted in accordance with Minnesota Statutes, Chapter 394 (for
counties) or 462 (for municipalities), as applicable. A variance may not circumvent the general
purposes and intent ofthis ordinance. No variance may be granted that would allow any use that is
prohibited in the zoning district in which the subject property is located. Conditions may be
imposed in the granting of a variance to ensure compliance and to protect adjacent properties and
the public interest. In considering a variance request, the board of adjustment must also consider
whether the property owner has reasonable use of the land without the variance, whether the
property is used seasonally or year-round, whether the variance is being requested solely on the
basis of economic considerations, and the characteristics of development on adjacent properties.
3.32 The board of adjustment shall hear and decide requests for variances in accordance with the
rules that it has adopted for the conduct of business. When a variance is approved after the
Department of Natural Resources has formally recommended denial in the hearing record, the
notification of the approved variance required in Section 3.42 below shall also include the board of
adjustment's summary of the public record/testimony and the findings of facts and conclusions
which supported the issuance of the variance.
3.33 For existing developments, the application for variance must clearly demonstrate whether a
conforming sewage treatment system is present for the intended use of the property. The variance,
if issued, must require reconstruction of a nonconforming sewage treatment system.
3.4 Notifications to the Department of Natural Resources
l _
3.4 I Copies of all notices of any public hearings to consider variances, amendments, or
conditional uses under local shoreland management controls must be sent to the commissioner or
the commissioner's designated representative and postmarked at least ten days before the hearings.
Notices of hearings to consider proposed subdivisions/plats must include copies of the
subdivision/plat.
3.42 A copy of approved amendments and subdivisions/plats, and fmal decisions granting
variances or conditional uses under local shoreland management controls must be sent to the
commissioner or the commissioner's designated representative and postmarked within ten days of
final action.
--I
4.0 - SHORELAND CLASSIFICATION SYSTEM AND LAND USE DISTRICTS
4. I Shoreland Classification System
The public waters of (local government name) have been classified below
consistent with the criteria found in Minnesota Regulations, Part 6120.3300, and the Protected
Waters Inventory Map for _ County, Minnesota.
4.11 The shore land area for the waterbodies listed in sections 4.12 and 4.13 shall be as defined in
section 2.744 and as shown on the Official Zoning Map.
4.12 Lakes
A.
Natural Environment Lakes
Protected Waters
Inventory I.D. #
(list here and designate
on official zoning map)
B.
Recreational Development Lakes
(list here and designate
on official zoning map)
Protected Waters
Inventory I.D.#
c.
General Development Lakes
Protected Waters
Inventory I.D.#
(list here and designate
on official zoning map)
4.13 Rivers and Streams
A.
Remote Rivers
Legal Description
(list river names here and
show boundaries of district
on official zoning map)
B.
Forested Rivers
Legal Description
(list river names here and
show boundaries of district
on official zoning map)
C.
Transition Rivers
Legal Description
(list river names here and
show boundaries of district
on official zoning map)
D.
Agricultural Rivers
Legal Description
(list river names here and
show boundaries of district
on official zoning map)
E.
Urban Rivers
Legal Description
(list river names here and
show boundaries of district
on official zoning map)
F.
Tributary Streams
*
(list river names here and
show boundaries of district
on offICial zoning map)
* All protected watercourses in the (local government) shown on the
Protected Waters Inventory Map for County, a copy of which is hereby
adopted by reference, not given a classification in Items A-E above shall be considered
"Tributary" .
4.2 Land Use District Descriptions
4.21 Criteria For Designation. The land use districts in Section 4.22, and the delineation ofa land
use district's boundaries on the Official Zoning Map, must be consistent with the goals, policies,
and objectives of the comprehensive land use plan (when available) and the following criteria,
considerations, and objectives:
A. General Considerations and Criteria for All Land Uses:
(I) preservation of natural areas;
(2) present ownership and development of shore land areas;
(3) shore land soil types and their engineering capabilities;
(4) topographic characteristics;
(5) vegetative cover;
(6) in-water physical characteristics, values, and constraints;
(7) recreational use of the surface water;
(8) road and service center accessibility;
(9) socioeconomic development needs and plans as they involve water and related land
resources;
(10) the land requirements of industry which, by its nature, requires location in shore land
areas; and
(II) the necessity to preserve and restore certain areas having significant historical or
ecological value.
B. Factors and Criteria for Planned Unit Developments:
(1) existing recreational use of the surface wates and likely increases in use associated
with planned unit developments;
(2) physical and aesthetic impacts of increased density;
(3) suitability of lands for the planned unit development approach;
(4) level of current development in the area; and
(5) amounts and types of ownership of undeveloped lands.
4.22 Land Use District Descriptions. The land use districts provided below, and the allowable
land uses therein for the given classifications of waterbodies, shall be properly delineated on the
Official Zoning Map for the shore lands ofthis community. These land use districts are in
conformance with the criteria specified in Minnesota Regulation, Part 6120.3200, Subp. 3:
(Note: Include either the following tables of land use districts by classification, modified tables
meeting state standards or a reference to an existing ordinance with land use descriptions meeting
state standards.)
A. Land Use Districts For Lakes
General
Development
Lakes
Recreational
Development
Lakes
Natural
Environment
Lakes
(1) Special Protection District - Uses
-Forest management
-Sensitive resource
management
-Agricultural: cropland
and pasture
-Agricultural feedlots
-Parks and historic
sites
-Extractive use
-Single residential
-Mining of metallic
minerals and peat
P
P
P
P
P
P
P
C
P
C
P
C
C
C
C
C
C
C
C
C
C
P
P
P
(2) Residential District - Uses
-Single residential P P P
-Semipublic C C C
-Parks & historic sites C C C
-Extractive use C C C
-Duplex, triplex, quad
residential P P C
-Forest management P P P
-Mining of metallic
minerals and peat P P P
(3) High Density Residential District - Uses
-Residential planned
unit developments
-Single residential
-Surface water oriented
commercial*
-Semipublic
-Parks & historic sites
-Duplex, triplex, quad
residential
-Forest management
C
P
C
P
C
P
C
C
C
C
C
C
C
C
C
P
P
P
P
P
P
(4) Water Oriented Commerical
District - Uses
-Surface water-oriented
commercial
-Commercial planned unit
development**
-Public, semipublic
-Parks & historic sites
-Forest management
P
P
C
C
C
C
P
C
C
C
P
C
C
C
P
* As accessory to a residential planned unit development
**Limited expansion of a commercial planned unit development involving up to six additional dwelling
units or sites may be allowed as a permitted use provided the provisions of Section 8.0 of this ordinance
are satisfied.
(5) General Use District - Uses
-Commercial P P C
-Commercial planned unit
development" C C C
-Industrial C C N
-Public, semipublic P P C
-Extractive use C C C
-Parks & historic sites C C C
-Forest management P P P
-Mining of metallic
minerals and peat P P P
r
B. Land Use Districts for Rivers and Streams
Re- For- Trans- Agri- Urban Tribu-
mote ested ition cultural tary
(I) Special Protection District - Uses
-Forest management P P P P P P
-Sensitive resource
management P P P P P P
-Agricultural: cropland
and pasture P P P P P P
-Agricultural feedlots C C C C C C
-Parks and historic
sites C C C C C C
-Extractive use C C C C C C
-Single residential C C C C C C
-Mining of metallic
minerals and peat P P P P P P
(2) Residential District - Uses
-Single residential P P P P P P
-Semipublic C C C C C P
-Parks and historic
sites C C C C C P
-Extractive use C C C C C C
-Duplex, triplex, quad
residential C C C C P C
-Forest management P P P P P P
-Mining of metallic
minerals and peat P P P P P P
* As accessory to a residential planned unit development
**Limited expansion of a commercial planned unit development involving up to six additional dwelling
units or sites may be allowed as a permitted use provided the provisions of Section 8.0 of this ordinance
are satisfied.
(3) High Density Residential- Uses
-Residential planned
unit developments C C C C C C
-Single residential P P P P P P
-Surface water oriented
commercial* C C C C C C
-Semipublic C C C C C C
-Parks and historic
sites C C C C C C
-Duplex, triplex, quad
residential P P P P P P
-Forest management P P P P P P
(4) Water-oriented Commercial- Uses
-Surface water-oriented
commercial C C C C C C
-Commercial planned
unit development* C C C C C C
-Public, semipublic C C C P P P
-Parks and historic
sites C C C C C C
-Forest management P P P P P P
(5) General Use District - Uses
-Commerical C C C C P C
-Commercial planned
unit development** C C C C C C
-Industrial N C N N C C
-Public, semipublic C C C C P C
-Extractive use C C C C C C
-Parks and historic
sites C C C C C C
-Forest management P P P P P P
-Mining of metallic
minerals and peat P P P P P P
* As accessory to a residential planned unit development
**Limited expansion of a commercial planned unit development involving up to six additional dwelling
units or sites may be allowed as a permitted use provided the provisions of Section 8.0 of this ordinance
are satisfied.
4.23 Use and Upgrading ofInconsistent Land Use Districts.
A. The land use districts adopted in Ordinance Number _, Section _, as they apply
to shore land areas, and their delineated boundaries on the Official Zoning Map, are not consistent
with the land use district designation criteria specified in Section 4.22 herein. These inconsistent
land use district designations may continue until revisions are proposed to change either the land
use district designation within an existing land use district boundary shown on the Official Zoning
Map or to modifY the boundary of an existing land use district shown on the Official Zoning Map.
B. When a revision is proposed to an inconsistent land use district provision, the following
additional criteria and procedures shall apply:
(I) For Lakes. When a revision to a land use district designation on a lake is considered, the
land use district boundaries and use provisions therein for all the shore land areas within the
jurisdiction ofthis ordinance on said lake must be revised to make them substantially compatible
with the framework in Sections 4.21 and 4.22 of this ordinance.
(2) For Rivers and Streams. When a revision to a land use district designation on a river or
stream is proposed, the land use district boundaries and the use provisions therein for all
shoreland on both sides of the river or stream within the same classification within the jurisdiction
of this ordinance must be revised to make them substantially compatible with the framework in
Sections 4.21 and 4.22 of this ordinance. If the same river classification is contiguous for more
than a five-mile segment, only the shoreland for a distance of2.5 miles upstream and downstream,
or to the class boundary if closer, need be evaluated and revised.
C. When an interpretation question arises about whether a specific land use fits within a given
"use" category, the interpretation shall be made by the Board of Adjustment. When a question
arises as to whether a land use district's boundaries are properly delineated on the Official Zoning
Map, this decision shall be made by the (governing body).
D. When a revision is proposed to an inconsistent land use district provision by an individual
party or landowner, this individual party or landowner will only be responsible to provide the
supporting and/or substantiating information for the specific parcel in question. The
(governing body) will direct the (designated official)
to provide such additional information for this waterbody as is necessary to satisfY Items A and B.
E. The (governing body) must make a detailed fmding of fact and
conclusion when taking final action that this revision, and the upgrading of any inconsistent land
use district designations on said waterbody, are consistent with the enumerated criteria and use
provisions of Section 4.2.
5.0 - ZONING AND WATER SVPPL Y/SANITARY PROVISIONS
5.1 Lot Area and Width Standards.
The lot area (in square feet) and lot width standards (in feet) for single, duplex, triplex and quad
residential lots created after the date of enactment of this ordinance for the lake and river/stream
classifications are the following:
5.11 Vnsewered Lakes
A. Natural Environment:
Riparian Lots
Area Width
Single 80,000 200
Duplex 120,000 300
Triplex 160,000 400
Quad 200,000 500
B. Recreational Development:
Riparian Lots
Area Width
Single 40,000 150
Duplex 80,000 225
Triplex 120,000 300
Nonriparian Lots
Area Width
80,000 200
160,000 400
240,000 600
320,000 800
Nonriparian Lots
Area Width
40,000 150
80,000 265
120,000 375
Quad 160,000 375 160,000 490
C. General Development:
Riparian Lots Nomiparian Lots
Area Width Area Width
Single 20,000 100 40,000 150
Duplex 40,000 180 80,000 265
Triplex 60,000 260 120,000 375
Quad 80,000 340 160,000 490
5.12 Sewered Lakes:
A. Natural Environment:
Riparian Lots Nomiparian Lots
Area Width Area Width
Single 40,000 125 20,000 125
Duplex 70,000 225 35,000 220
Triplex 100,000 325 52,000 315
Quad 130,000 425 65,000 410
B. Recreational Development:
Riparian Lots Nomiparian Lots
Area Width Area Width
Single 20,000 75 15,000 75
Duplex 35,000 135 26,000 135
Triplex 50,000 195 38,000 190
Quad 65,000 255 49,000 245
C. General Development:
Riparian Lots Nomiparian Lots
Area Width Area Width
Single 15,000 75 10,000 75
Duplex 26,000 135 17,500 135
Triplex 38,000 195 25,000 190
Quad 49,000 255 32,500 245
5.13 River/Stream Lot Width Standards. There is no minimum lot size requirements for rivers
and streams. The lot width standards for single, duplex, triplex and quad residential developments
for the six river/stream classifications are:
Re-
mote
For-
ested
Trans-
ition
Agri-
cultural
Urban & Tributary
No sewer
Sewer
Single
Duplex
Triplex
Quad
300
450
600
750
200
300
400
500
250
375
500
625
150
225
300
375
100
150
200
250
75
115
150
190
5.14 Additional Special Provisions.
A. Residential subdivisions with dwelling unit densities exceeding those in the tables in
Sections 5.12 and 5.13 can only be allowed if designed and approved as residential planned unit
developments under Section 8.0 of this ordinance. Only land above the ordinary high water level
of public waters can be used to meet lot area standards, and lot width standards must be met at
both the ordinary high water level and at the building line. The sewer lot area dimensions in
Section 5.12 can only be used if publicly owned sewer system service is available to the property.
B. Subdivisions of duplexes, triplexes, and quads on Natural Environment Lakes must also
meet the following standards:
(I) each building must be set back at least 200 feet from the ordinary high water level;
(2) each building must have common sewage treatment and water systems in one
location and serve all dwelling units in the building;
(3) watercraft docking facilities for each lot must be centralized in one location and
serve all dwelling units in the building; and
(4) no more than 25 percent of a lake's shoreline can be in duplex, triplex, or quad
developments.
C. One guest cottage may be allowed on lots meeting or exceeding the duplex lot area and
width dimensions presented in Section 5.11-5.13, provided the following
standards are met:
(I) for lots exceeding the minimum lot dimensions of duplex lots, the guest cottage
must be located within the smallest duplex-sized lot that could be created including
the principal dwelling unit;
(2) a guest cottage must not cover more than 700 square feet ofland surface and must
not exceed 15 feet in height; and
(3) a guest cottage must be located or designed to reduce its visibility as viewed from
public waters and adjacent shore lands by vegetation, topography, increased
1_
setbacks or color, assuming summer leaf-on conditions.
D. Lots intended as controlled accesses to public waters or as recreation areas for use by
owners ofnonriparian lots within subdivisions are permissible and must meet or
exceed the following standards:
(I) they must meet the width and size requirements for residential lots, and be suitable
for the intended uses of controlled access lots.
(2) Ifdocking, mooring, or over-water storage of more than six (6) watercraft is to be
allowed at a controlled access lot, then the width ofthe lot (keeping the same lot
depth) must be increased by the percent of the requirements for riparian residential
lots for each watercraft beyond six, consistent with the following table:
Controlled Access Lot Frontage Requirements
Ratio oflake size
to shore length
( acres/mile)
Required increase
in frontage
(percent)
Less than 100
100-200
201-300
301-400
Greater than 400
25
20
15
10
5
(3) they must be jointly owned by all purchasers of lots in the subdivision or by all
purchasers of nonriparian lots in the subdivision who are provided riparian access
rights on the access lot; and
(4) covenants or other equally effective legal instruments must be developed that
specifY which lot owners have authority to use the access lot and what activities
are allowed. The activities may include watercraft launching, loading, storage,
beaching, mooring, or docking. They must also include other outdoor recreational
activities that do not significantly conflict with general public use of the public
water or the enjoyment of normal property rights by adjacent property owners.
Examples of the nonsignificant conflict activities include swimming, sunbathing, or
picnicking. The covenants must limit the total number of vehicles allowed to be
parked and the total number of watercraft allowed to be continuously moored,
docked, or stored over water, and must require centralization of all common
facilities and activities in the most suitable locations on the lot to minimize
topographic and vegetation alterations. They must also require all parking areas,
storage buildings, and other facilities to be screened by vegetation or topography
as much as practical from view from the public water, assuming summer, leaf-on
conditions.
I _
5.2 Placement, Design, and Height of Structures.
5.21 Placement of Structures on Lots. When more than one setback applies to a site, structures
and facilities must be located to meet all setbacks. Where structures exist on the adjoining lots on
both sides of a proposed building site, structure setbacks may be altered without a variance to
conform to the adjoining setbacks from the ordinary high water level, provided the proposed
building site is not located in a shore impact zone or in a bluff impact wne. Structures shall be
located as follows.
A. Structure and On-site Sewage System Setbacks (in feet) from Ordinary High Water
Level* .
Setbacks*
Classes of
Public Structures Sewage Treatment
Waters Unsewered Sewered System
Lakes
Natural
Environment 150 150 150
Recreational
Development 100 75 75
General
Development 75 50 50
Rivers
Remote 200 200 150
Forested and
Transition 150 150 100
Agriculture,
Urban, and
Tributary 100 50 75
*One water-oriented accessory structure designed in accordance with Section 5.22 ofthis
ordinance may be set back a minimum distance often (10) feet from the ordinary high water level.
B. Additional Structure Setbacks. The following additional structure setbacks apply,
regardless ofthe classification of the waterbody:
Setback From:
Setback (in feet)
(1)
top of bluff;
30
(2)
unplatted cemetery;
50
(3)
right-of-way line of
federal, state, or
county highway; and
50
(4)
right-of-way line of
town road, public street,
or other roads or streets
not classified.
20
C. Bluff Impact Zones. Structures and accessory facilities, except stairways and landings,
must not be placed within bluff impact zones.
D. Uses Without Water-oriented Needs. Uses without water-oriented needs must be located
on lots or parcels without public waters frontage, or, if located on lots or parcels with
public waters frontage, must either be set back double the normal ordinary high water
level setback or be substantially screened from view from the water by vegetation or
topography, assuming summer, leaf-on conditions.
5.22 Design Criteria For Structures.
A. High Water Elevations. Structures must be placed in accordance with any floodplain
regulations applicable to the site. Where these controls do not exist, the elevation to
which the lowest floor, including basement, is placed or flood-proofed must be determined
as follows:
(I) for lakes, by placing the lowest floor at a level at least three feet above the highest
known water level, or three feet above the ordinary high water level, whichever is
higher;
(2) for rivers and streams, by placing the lowest floor at least three feet above the
flood of record, if data are available. If data are not available, by placing the
lowest floor at least three feet above the ordinary high water level, or by
conducting a technical evaluation to determine effects of proposed construction
upon flood stages and flood flows and to establish a flood protection elevation.
Under all three approaches, technical evaluations must be done by a qualified
engineer or hydrologist consistent with parts 6120.5000 to 6120.6200 governing
the management of flood plain areas. Ifmore than one approach is used, the
highest flood protection elevation determined must be used for placing structures
and other facilities; and
(3) water-oriented accessory structures may have the lowest floor placed lower than
the elevation determined in this item if the structure is constructed of
flood-resistant materials to the elevation, electrical and mechanical equipment is
placed above the elevation and, if long duration flooding is anticipated, the
structure is built to withstand ice action and wind-driven waves and debris.
B. Water-oriented Accessory Structures. Each lot may have one water-oriented accessory
structure not meeting the normal structure setback in Section 5.21 of this ordinance if this
water-oriented accessory structure complies with the following provisions:
(I) the structure or facility must not exceed ten feet in height, exclusive of safety rails,
and cannot occupy an area greater than 250 square feet. Detached decks must not
exceed eight feet above grade at any point;
(2) the setback of the structure or facility from the ordinary high water level must be at
least ten feet;
(3) the structure or facility must be treated to reduce visibility as viewed from public
waters and adjacent shore lands by vegetation, topography, increased setbacks or
color, assuming summer, leaf-on conditions;
(4) the roofmay be used as a deck with safety rails, but must not be enclosed or used
as a storage area;
(5) the structure or facility must not be designed or used for human habitation and
must not contain water supply or sewage treatment facilities; and
(6) as an alternative for general development and recreational development
waterbodies, water-oriented accessory structures used solely for watercraft
storage, and including storage of related boating and water-oriented sporting
equipment, may occupy an area up to 400 square feet provided the maximum
width ofthe structure is 20 feet as measured parallel to the configuration ofthe
shoreline.
C. Stairways, Lifts, and Landings. Stairways and lifts are the preferred alternative to major
topographic alterations for achieving access up and down bluffs and steep slopes to shore
areas. Stairways and lifts must meet the following design requirements:
(1) stairways and lifts must not exceed four feet in width on residential lots. Wider
stairways may be used for commercial properties, public open-space recreational
properties, and planned unit developments;
(2) landings for stairways and lifts on residential lots must not exceed 32 square feet in
area. Landings larger than 32 square feet may be used for commercial properties,
public open-space recreational properties, and planned unit developments;
(3) canopies or roofs are not allowed on stairways, lifts, or landings;
(4) stairways, lifts, and landings may be either constructed above the ground on posts
or pilings, or placed into the ground, provided they are designed and built in a
manner that ensures control of soil erosion;
(5) stairways, lifts, and landings must be located in the most visually inconspicuous
portions oflots, as viewed from the surface of the public water assuming summer,
leaf-on conditions, whenever practical; and
(6) facilities such as ramps, lifts, or mobility paths for physicaJly handicapped persons
are also aJlowed for achieving access to shore areas, provided that the dimensional
and performance standards of subitems (1) to (5) are complied with in addition to
the requirements of Minnesota Regulations, Chapter 1340.
D. Significant Historic Sites. No structure may be placed on a significant historic site in a
manner that affects the values of the site unless adequate information about the site has
been removed and documented in a public repository.
E. Steep Slopes. The (designed official) must evaluate possible soil
erosion impacts and development visibility from public waters before issuing a permit for
construction of sewage treatment systems, roads, driveways, structures, or other
improvements on steep slopes. When determined necessary, conditions must be attached
to issued permits to prevent erosion and to preserve existing vegetation screening of
structures, vehicles, and other facilities as viewed from the surface of public waters,
assuming summer, leaf-on vegetation.
5.23 Height of Structures. All structures in residential districts, except churches and
nonresidential agricultural structures, must not exceed 25 feet in height.
5.3 Shoreland Alterations
Alterations of vegetation and topography will be regulated to prevent erosion into public waters,
fix nutrients, preserve shore land aesthetics, preserve historic values, prevent bank slumping, and
protect fish and wildlife habitat.
5.31 Vegetation Alterations.
A. Vegetation alteration necessary for the construction of structures and sewage treatment
systems and the construction of roads and parking areas regulated by Section 5.4 of this
ordinance are exempt from the vegetation alteration standards that follow.
B. Removal or alteration of vegetation, except for agricultural and forest management uses as
regulated in Sections 5.62 and 5.63, respectfully, is allowed subject to the following
standards:
(1) Intensive vegetation clearing within the shore and bluff impact zones and on steep
slopes is not allowed. Intensive vegetation clearing for forest land conversion to
another use outside of these areas is allowable as a conditional use if an erosion
control and sedimentation plan is developed and approved by the soil and water
conservation district in which the property is located.
(2) In shore and bluff impact zones and on steep slopes, limited clearing of trees and
shrubs and cutting, pruning, and trimming of trees is allowed to provide a view to
the water from the principal dwelling site and to accommodate the placement of
stairways and landings, picnic areas, access paths, livestock watering areas, beach
and watercraft access areas, and permitted water-oriented accessory structures or
facilities, provided that:
(a) the screening of structures, vehicles, or other facilities as viewed from the
water, assuming summer, leaf-on conditions, is not substantially reduced;
1- _
(b) along rivers, existing shading of water surfaces is preserved; and
(c) the above provisions are not applicable to the removal of trees, limbs, or
branches that are dead, diseased, or pose safety hazards.
5.32 Topographic Alterations/Grading and Filling.
A. Grading and filling and excavations necessary for the construction of structures, sewage
treatment systems, and driveways under validly issued construction permits for these
facilities do not require the issuance of a separate grading and filling permit. However, the
grading and filling standards in this Section must be incorporated into the issuance of
permits for construction of structures, sewage treatment systems, and driveways.
B. Public roads and parking areas are regulated by Section 5.4 of this ordinance.
C. Notwithstanding Items A. and B. above, a grading and filling permit will be required for:
(1) the movement of more than ten (l0) cubic yards of material on steep slopes or
within shore or bluff impact zones; and
(2) the movement of more than 50 cubic yards of material outside of steep slopes and
shore and bluff impact zones.
D. The following considerations and conditions must be adhered to during the issuance of
construction permits, grading and filling permits, conditional use permits, variances and
subdivision approvals:
(1) Grading or filling in any type 2, 3, 4, 5, 6, 7, or 8 wetland must be evaluated to
determine how extensively the proposed activity would affect the following
functional qualities ofthe wetland*:
(a) sediment and pollutant trapping and retention;
(b) storage of surface runoff to prevent or reduce flood damage;
( c) fish and wildlife habitat;
(d) recreational use;
(e) shoreline or bank stabilization; and
(f) noteworthiness, including special qualities such as historic signficance,
critical habitat for endangered plants and animals, or others.
*This evaluation must also include a determination of whether the wetland
alteration being proposed requires permits, reviews, or approvals by other local,
state, or federal agencies such as a watershed district, the Minnesota Department
of Natural Resources, or the United States Army Corps of Engineers. The
L _
applicant will be so advised.
(2) Alterations must be designed and conducted in a manner that ensures only the
smallest amount of bare ground is exposed for the shortest time possible;
(3) Mulches or similar materials must be used, where necessary, for temporary bare
soil coverage, and a permanent vegetation cover must be established as soon as
possible;
(4) Methods to minimize soil erosion and to trap sediments before they reach any
surface water feature must be used;
(5) Altered areas must be stabilized to acceptable erosion control standards consistent
with the field office technical guides of the local soil and water conservation
districts and the United States Soil Conservation Service;
(6) Fill or excavated material must not be placed in a manner that creates an unstable
slope;
(7) Plans to place fill or excavated material on steep slopes must be reviewed by
qualified professionals for continued slope stability and must not create finished
slopes 000 percent or greater;
(8) Fill or excavated material must not be placed in bluff impact zones;
(9) Any alterations below the ordinary high water level of public waters must first be
authorized by the commissioner under Minnesota Statutes, section 105.42;
(10) Alterations of topography must only be allowed if they are accessory to permitted
or conditional uses and do not adversely affect adjacent or nearby properties; and
(11) Placement of natural rock riprap, including associated grading ofthe shoreline and
placement ofa filter blanket, is permitted if the finished slope does not exceed
three feet horizontal to one foot vertical, the landward extent of the riprap is within
ten feet ofthe ordinary high water level, and the height ofthe riprap above thc
ordinary high water level does not exceed three feet.
E. Connections to public waters. Excavations where the intended purpose is connection to a
public water, such as boat slips, canals, lagoons, and harbors, must be controlled by local
shoreland controls. Permission for excavations may be given only after the commissioner
has approved the proposed connection to public waters.
5.4 Placement and Design of Roads, Driveways, and Parking Areas.
5.41 Public and private roads and parking areas must be designed to take advantage of natural
vegetation and topography to achieve maximum screening from view from public waters.
Documentation must be provided by a qualified individual that all roads and parking areas are
designed and constructed to minimize and control erosion to public waters consistent with the
field office technical guides of the local soil and water conservation district, or other applicable
l_
technical materials.
5.42 Roads, driveways, and parking areas must meet structure setbacks and must not be placed
within bluff and shore impact zones, when other reasonable and feasible placement alternatives
exist. Ifno alternatives exist, they may be placed within these areas, and must be designed to
minimize adverse impacts.
5.43 Public and private watercraft access ramps, approach roads, and access-related parking
areas may be placed within shore impact zones provided the vegetative screening and erosion
control conditions of this subpart are met. For private facilities, the grading and filling provisions
of Section 5.32 ofthis ordinance must be met.
5.5 Stormwater Management.
The following general and specific standards shall apply:
5.51 General Standards:
A. When possible, existing natural drainageways, wetlands, and vegetated soil surfaces must
be used to convey, store, filter, and retain stormwater runoffbefore discharge to public
waters.
B. Development must be planned and conducted in a manner that will minimize the extent of
disturbed areas, runoff velocities, erosion potential, and reduce and delay runoffvolumes.
Disturbed areas must be stabilized and protected as soon as possible and facilities or
methods used to retain sediment on the site.
C. When development density, topographic features, and soil and vegetation conditions are
not sufficient to adequately handle stormwater runoff using natural features and
vegetation, various types of constructed facilities such as diversions, settling basins,
skimming devices, dikes, waterways, and ponds may be used. Preference must be given to
designs using surface drainage, vegetation, and infiltration rather than buried pipes and
man-made materials and facilities.
5.52 Specific Standards:
A. Impervious surface coverage oflots must not exceed 25 percent of the lot area.
B. When constructed facilities are used for stormwater management, documentation must be
provided by a qualified individual that they are designed and installed consistent with the
field office technical guide of the local soil and water conservation districts.
C. New constructed stormwater outfalls to public waters must provide for filtering or settling
of suspended solids and skimming of surface debris before discharge.
5.6 Special Provisions for Commercial, Industrial, Public/Semipublic, Agricultural, Forestry and
Extractive Uses and Mining ofMetaIlic Minerals and Peat.
5.61 Standards for Commercial, Industrial, Public, and Semipublic Uses.
A. Surface water-oriented commercial uses and industrial, public, or semipublic uses with
similar needs to have access to and use of public waters may be located on parcels or lots
with frontage on public waters. Those uses with water-oriented needs must meet the
following standards:
(1) in addition to meeting impervious coverage limits, setbacks, and other zoning
standards in this ordinance, the uses must be designed to incorporate topographic
and vegetative screening of parking areas and structures;
(2) uses that require short-term watercraft mooring for patrons must centralize these
facilities and design them to avoid obstructions of navigation and to be the
minimum size necessary to meet the need; and
(3) uses that depend on patrons arriving by watercraft may use signs and lighting to
convey needed information to the public, subject to the following general
standards:
(a) no advertising signs or supporting facilities for signs may be placed in or
upon public waters. Signs conveying information or safety messages may
be placed in or on public waters by a public authority or under a permit
issued by the county sheriff;
(b) signs may be placed, when necessary, within the shore impact zone if they
are designed and sized to be the minimum necessary to convey needed
information. They must only convey the location and name of the
establishment and the general types of goods or services available. The
signs must not contain other detailed information such as product brands
and prices, must not be located higher than ten feet above the ground, and
must not exceed 32 square feet in size. If illuminated by artificial lights, the
lights must be shielded or directed to prevent illumination out across public
waters; and
(c) other outside lighting may be located within the shore impact zone or over
public waters if it is used primarily to illuminate potential safety hazards
and is shielded or otherwise directed to prevent direct illumination out
across public waters. This does not preclude use of navigational lights.
B. Uses without water-oriented needs must be located on lots or parcels without public
waters frontage, or, ifIocated on lots or parcels with public waters frontage, must either
be set back double the normal ordinary high water level setback or be substantially
screened from view from the water by vegetation or topography, assuming summer,
leaf-on conditions.
5.62 Agriculture Use Standards.
A. General cultivation farming, grazing, nurseries, horticulture, truck farming, sod farming,
and wild crop harvesting are permitted uses if steep slopes and shore and bluff impact
zones are maintained in permanent vegetation or operated under an approved conservation
plan (Resource Management Systems) consistent with the field office technical guides of
the local soil and water conservation districts or the United States Soil Conservation
Service, as provided by a qualified individual or agency. The shore impact zone for
parcels with permitted agricultural land uses is equal to a line parallel to and 50 feet from
the ordinary high water level.
B. Animal feedlots must meet the following standards:
(1) new feedlots must not be located in the shoreland of watercourses or in bluff
impact zones and must meet a minimum setback of300 feet from the ordinary high
water level of all public waters basins; and
(2) modifications or expansions to existing feedlots that are located within 300 feet of
the ordinary high water level or within a bluff impact zone are allowed if they do
not further encroach into the existing ordinary high water level setback or
encroach on bluff impact zones.
5.63 Forest Management Standards. The harvesting of timber and associated reforestation must
be conducted consistent with the provisions of the Minnesota Nonpoint Source Pollution
Assessment-Forestry and the provisions of Water Quality in Forest Management "Best
Management Practices in Minnesota."
5.64 Extractive Use Standards.
A. Site Development and Restoration Plan. An extractive use site development and
restoration plan must be developed, approved, and followed over the course of operation
ofthe site. The plan must address dust, noise, possible pollutant discharges, hours and
duration of operation, and anticipated vegetation and topographic alterations. It must also
identifY actions to be taken during operation to mitigate adverse environmental impacts,
particularly erosion, and must clearly explain how the site will be rehabilitated after
extractive activities end.
B. Setbacks for Processing Machinery. Processing machinery must be located consistent
with setback standards for structures from ordinary high water levels of public waters and
from bluffs.
5.65 Mining of Metallic Minerals and Peat. Mining of metallic minerals and peat, as
defmed in Minnesota Statutes, sections 93.44 to 93.51, shall be a permitted use provided
the provisions of Minnesota Statutes, sections 93.44 to 93.51, are satisfied.
5.7 Conditional Uses
Conditional uses allowable within shore land areas shall be subject to the review and
approval procedures, and criteria and conditions for review of conditional uses established
community-wide. The following additional evaluation criteria and conditions apply within
shoreland areas:
5.71 Evaluation criteria. A thorough evaluation of the waterbody and the topographic,
vegetation, and soils conditions on the site must be made to ensure:
(I) the prevention of soil erosion or other possible pollution of public waters, both
during and after construction;
(2) the visibility of structures and other facilities as viewed from public waters is
limited;
(3) the site is adequate for water supply and on-site sewage treatment; and
(4) the types, uses, and numbers of watercraft that the project will generate are
compatible in relation to the suitability of public waters to safely accommodate
these watercraft.
5.72 Conditions attached to conditional use permits. The
(designated body), upon consideration ofthe criteria listed above and the purposes of this
ordinance, shall attach such conditions to the issuance of the conditional use permits as it
deems necessary to fulfill the purposes of this ordinance. Such conditions may include,
but are not limited to, the following:
(1) increased setbacks from the ordinary high water level;
(2) limitations on the natural vegetation to be removed or the requirement that
additional vegetation be planted; and
(3) Special provisions for the location, design, and use of structures, sewage treatment
systems, watercraft launching and docking areas, and vehicle parking areas.
5.8 Water Supply and Sewage Treatment
5.81 Water Supply. Any public or private supply of water for domestic purposes must
meet or exceed standards for water quality of the Minnesota Department of Health and the
Minnesota Pollution Control Agency.
5.82 Sewage treatment. Any premises used for human occupancy must be provided with
an adequate method of sewage treatment, as follows:
A. Publicly-owned sewer systems must be used where available.
B. All private sewage treatment systems must meet or exceed the Minnesota Pollution
Control Agency's standards for individual sewage treatment systems contained in
the document titled, "Individual Sewage Treatment Systems Standards, Chapter
7080", a copy of which is hereby adopted by reference and declared to be a part of
this ordinance.
C. On-site sewage treatment systems must be set back from the ordinary high water
level in accordance with the setbacks contained in Section 5.21 of this ordinance.
D. All proposed sites for individual sewage treatment systems shall be evaluated in
accordance with the criteria in subitems (1 )-(4). If the determination ofa site's
suitability cannot be made with publicly available, existing information, it shall then
be the responsibility of the applicant to provide sufficient soil borings and
percolation tests from on-site field investigations.
Evaluation criteria:
(1) depth to the highest known or calculated ground water table or bedrock;
(2) soil conditions, properties, and permeability;
(3) slope;
(4) the existence oflowlands, local surface depressions, and rock outcrops;
E. Nonconforming sewage treatment systems shall be regulated and upgraded in
accordance with section 6.13 ofthis ordinance.
SECTION 6.0 - NONCONFORMITIES
All legally established nonconformities as of the date of this ordinance may continue, but they will be
managed according to applicable state statutes and other regulations of this community for the subjects of
alterations and additions, repair after damage, discontinuance of use, and intensification of use; except that
the following standards will also apply in shoreland areas:
6.1 Construction on nonconforming lots of record.
A. Lots of record in the office ofthe county recorder on the date of enactment of local
shoreland controls that do not meet the requirements of Section 5.1 of this ordinance may
be allowed as building sites without variances from lot size requirements provided the use
is permitted in the zoning district, the lot has been in separate ownership from abutting
lands at all times since it became substandard, was created compliant with official controls
in effect at the time, and sewage treatment and setback requirements of this ordinance are
met.
8. A variance from setback requirements must be obtained before any use, sewage treatment
system, or building permit is issued for a lot. In evaluating the variance, the board of
adjustment shall consider sewage treatment and water supply capabilities or constraints of
the lot and shall deny the variance if adequate facilities cannot be provided.
C. If, in a group oftwo or more contiguous lots under the same ownership, any individual lot
does not meet the requirements of Section 5.1 of this ordinance the lot must not be
considered as a separate parcel of land for the purposes of sale or development. The lot
must be combined with the one or more contiguous lots so they equal one or more parcels
ofland, each meeting the requirements of Section 5.1 of this ordinance as much as
possible.
6.2 Additions/expansions to nonconforming structures.
A. All additions or expansions to the outside dimensions of an existing nonconforming
structure must meet the setback, height, and other requirements of Section 5.0 of this
ordinance. Any deviation from these requirements must be authorized by a variance
pursuant to Section 3.3.
B. Deck additions may be allowed without a variance to a structure not meeting the required
setback from the ordinary high water level if all of the following criteria and standards are
met:
(1) the structure existed on the date the structure setbacks were established;
(2) a thorough evaluation ofthe property and structure reveals no reasonable location
for a deck meeting or exceeding the existing ordinary high water leve] setback of
the structure;
(3) the deck encroachment toward the ordinary high water level does not exceed 15
percent of the existing setback ofthe structure from the ordinary high water level
or does not encroach closer than 30 feet, whichever is more restrictive; and
(4) the deck is constructed primarily of wood, and is not roofed or screened.
6.3 Nonconforming sewage treatment systems.
A. A sewage treatment system not meeting the requirements of Section 5.8 of this ordinance
must be upgraded, at a minimum, at any time a permit or variance of any type is required
for any improvement on, or use of, the property. For the purposes ofthis provision, a
sewage treatment system shall not be considered nonconforming if the only deficiency is
the sewage treatment system's improper setback from the ordinary high water ]evel.
B. The governing body of (community name) has by formal
resolution notified the commissioner of its program to identilY nonconforming sewage
treatment systems. The (community name) will require
upgrading or replacement of any nonconforming system identified by this program within
a reasonable period oftime which will not exceed 2-years. Sewage systems installed
according to all applicable local shore]and management standards adopted under
Minnesota Statutes, section 105.485, in effect at the time of installation may be considered
as conforming unless they are determined to be failing, except that systems using
cesspools, leaching pits, seepage pits, or other deep disposal methods, or systems with less
soil treatment area separation above groundwater than required by the Minnesota
Pollution Control Agency's Chapter 7080 for design of on-site sewage treatment systems,
shall be considered nonconforming.
SECTION 7.0 - SUBDIVISIONIPLATTING PROVISIONS
7.11 Land suitability. Each lot created through subdivision, including planned unit developments
authorized under Section 8.0 of this ordinance, must be suitable in its natura] state for the
proposed use with minimal alteration. Suitability analysis by the local unit of government shall
consider susceptibility to flooding, existence of wetlands, soil and rock formations with severe
limitations for development, severe erosion potentia], steep topography, inadequate water supply
or sewage treatment capabilities, near-shore aquatic conditions unsuitable for water-based
recreation, important fish and wildlife habitat, presence of significant historic sites, or any other
feature of the natura] land likely to be harmful to the health, safety, or welfare of future residents
of the proposed subdivision or of the community.
7.12 Consistency with other controls. Subdivisions must conform to all official controls of this
community. A subdivision will not be approved where a later variance from one or more
standards in official controls would be needed to use the lots for their intended purpose. In areas
not served by publicly owned sewer and water systems, a subdivision will not be approved unless
domestic water supply is available and a sewage treatment system consistent with Sections 5.2
and 5.8 can be provided for every lot. Each lot shall meet the minimum lot size and dimensional
requirements of Section 5.1, including at least a minimum contiguous lawn area, that is free of
limiting factors sufficient for the construction of two standard soil treatment systems. Lots that
would require use of holding tanks must not be approved.
7.13 Information requirements. Sufficient information must be submitted by the applicant for the
community to make a determination of land suitability. The information shall include at least the
following:
(1) topographic contours at ten-foot intervals or less from United States Geological Survey
maps or more accurate sources, showing limiting site characteristics;
(2) the surface water features required in Minnesota Statutes, section 505.02, subdivision 1,
to be shown on plats, obtained from United States Geological Survey quadrangle
topographic maps or more accurate sources;
(3) adequate soils information to determine suitability for building and on-site sewage
treatment capabilities for every lot from the most current existing sources or from field
investigations such as soil borings, percolation tests, or other methods;
(4) information regarding adequacy of domestic water supply; extent of anticipated vegetation
and topographic alterations; near-shore aquatic conditions, including depths, types of
bottom sediments, and aquatic vegetation; and proposed methods for controlling
stormwater runoff and erosion, both during and after construction activities;
(5) location of IOO-year flood plain areas and f100dway districts from existing adopted maps
or data; and
(6) a line or contour representing the ordinary high water level, the "toe" and the "top" of
bluffs, and the minimum building setback distances from the top of the bluff and the lake
or stream.
7.14 Dedications. When a land or easement dedication is a condition of subdivision approval, the
approval must provide easements over natural drainage or ponding areas for management of
stormwater and significant wetlands.
7.15 Platting. All subdivisions that create five or more lots or parcels that are 2-112 acres or less
in size shall be processed as a plat in accordance with Minnesota Statutes, Chapter 505. No
permit for construction of buildings or sewage treatment systems shall be issued for lots created
after these official controls were enacted unless the lot was approved as part of a formal
subdivision.
7.16 Controlled Access or Recreational Lots. Lots intended as controlled accesses to public
waters or for recreational use areas for use by nonriparian lots within a subdivision must meet or
exceed the sizing criteria in Section 5.14 of this ordinance.
8.0 - PLANNED UNIT DEVELOPMENTS (PUD's)
8.1 Types ofPUD's Permissible
Planned unit developments (PUD's) are allowed for new projects on undeveloped land,
redevelopment of previously built sites, or conversions of existing buildings and land. The land
use districts in which they are an allowable use are identified in the land use district descriptions in
Section 4.2 of this ordinance and the official zoning map.
8.2 Processing ofPUD's
Planned unit developments must be processed as a conditional use, except that an expansion to an
existing commercial PUD involving 6 or less new dwelling units or sites since the date this
ordinance was adopted is permissible as a permitted use provided the total project density does
not exceed the allowable densities calculated in the project density evaluation procedures in
Section 8.5. Approval cannot occur until the environmental review process (EAW/EIS) is
complete.
8.3 Application for a PUD
The applicant for a PUD must submit the following documents prior to fmal action being taken on
the application request:
8.31 A site plan and/or plat for the project showing locations of property boundaries, surface
water features, existing and proposed structures and other facilities, land alterations, sewage
treatment and water supply systems (where public systems will not be provided), and topographic
contours at ten-foot intervals or less. When a PUD is a combined commercial and residential
development, the site plan and/or plat must indicate and distinguish which buildings and portions
of the project are residential, commercial, or a combination of the two.
8.32 A property owners association agreement (for residential PUD's) with mandatory
membership, and all in accordance with the requirements of Section 8.6 of this ordinance.
8.33 Deed restrictions, covenants, permanent easements or other instruments that: I) properly
address future vegetative and topographic alterations, construction of additional buildings,
beaching of watercraft, and construction of commercial buildings in residential PUD's; and 2)
ensure the long-term preservation and maintenance of open space in accordance with the criteria
and analysis specified in Section 8.6 ofthis ordinance.
8.34 When necessary, a master plan/drawing describing the project and the floor plan for all
commercial structures to be occupied.
8.35 Those additional documents as requested by the (designated
officiaVbody) that are necessary to explain how the PUD will be designed and will function.
8.4 Site "Suitable Area" Evaluation
Proposed new or expansions to existing planned unit developments must be evaluated using the
following procedures and standards to determine the suitable area for the dwelling unit/dwelling
site density evaluation in Section 8.5.
8.41 The project parcel must be divided into tiers by locating one or more lines approximately
parallel to a line that identifies the ordinary high water level at the following intervals, proceeding
landward:
Shore land Tier Dimensions
Unsewered
(feet)
Sewered
(feet)
General development lakes-
first tier
General development lakes-
second and additional tiers
Recreational development lakes
Natural environment lakes
All river classes
200
200
267
267
400
300
200
267
320
300
8.42 The suitable area within each tier is next calculated by excluding from the tier area all
wetlands, bluffs, or land below the ordinary high water level of public waters. This suitable area
and the proposed project are then subjected to either the residential or commercial planned unit
development density evaluation steps to arrive at an allowable number of dwelling units or sites.
8.5 Residential and Commercial PUD Density Evaluation
The procedures for determining the "base" density of a PUD and density increase multipliers are
as follows. Allowable densities may be transferred from any tier to any other tier further from the
waterbody, but must not be transferred to any other tier closer.
8.51 Residential PUD "Base" Density Evaluation:
A. The suitable area within each tier is divided by the single residential lot size standard for
lakes or, for rivers, the single residential lot width standard times the tier depth, unless the
local unit of government has specified an alternative minimum lot size for rivers which
shall then be used to yield a base density of dwelling units or sites for each tier. Proposed
locations and numbers of dwelling units or sites for the residential planned unit
developments are then compared with the tier, density, and suitability analyses herein and
the design criteria in Section 8.6
8.52 Commercial PUD "Base" Density Evaluation:
A. Determine the average inside living area size of dwelling units or sites within each tier,
including both existing and proposed units and sites. Computation of inside living area
1_
sizes need not include decks, patios, stoops, steps, garages, or porches and basements,
unless they are habitable space.
B. Select the appropriate floor area ratio from the following table:
Commercial Planned Unit Development
Floor Area Ratios*
Public waters classes
*Average
unit floor
area (sq.
ft.)
Sewered general
development
lakes; first
tier on
unsewered
general
development
lakes; urban,
agricultural,
tributary
river
segments
Second and
additional tiers
on unsewered
general
development
lakes;
recreational
development Natural
lakes; environment
transition and lakes and
forested river
segments
remote river
segments
200
300
400
500
600
700
800
900
1,000
1,100
1,200
1,300
1,400
1,500
.040
.048
.056
.065
.072
.082
.091
.099
.108
.116
.125
.133
.142
.150
.020
.024
.028
.032
.038
.042
.046
.050
.054
.058
.064
.068
.072
.075
.010
.012
.014
.016
.019
.021
.023
.025
.027
.029
.032
.034
.036
.038
*For average unit floor areas less than shown, use the floor area ratios listed for 200 square feet. For
areas greater than shown, use the ratios listed for 1,500 square feet. For recreational camping areas, use
the ratios listed at 400 square feet. Manufactured home sites in recreational camping areas shall use a
ratio equal to the size of the manufactured home, or if unknown, the ratio listed for 1,000 square feet.
C. Multiply the suitable area within each tier by the floor area ratio to yield total floor area
for each tier allowed to be used for dwelling units or sites.
D.
Divide the total floor area by tier computed in Item C. above by the average inside living
area size determined in Item A. above. This yields a base number of dwelling units and
sites for each tier.
I
I
I
I
l_
E.
Proposed locations and numbers of dwelling units or sites for the commercial planned unit
development are then compared with the tier, density and suitability analyses herein and
the design criteria in Section 8.6.
8.53 Density Increase Muhipliers:
A. Increases to the dwelling unit or dwelling site base densities previously determined are
allowable if the dimensional standards in Section 5.0 are met or exceeded and the design
criteria in Section 8.6 are satisfied. The allowable density increases in Item B. below will
only be allowed if structure setbacks from the ordinary high water level are increased to at
least 50 percent greater than the minimum setback, or the impact on the waterbody is
reduced an equivalent amount through vegetative management, topography, or additional
means acceptable to the local unit of government and the setback is at least 25 percent
greater than the minimum setback.
B. Allowable Dwelling Unit or Dwelling Site Density Increases for Residential or
Commercial Planned Unit Developments:
Density evaluation tiers
Maximum density increase
within each tier (percent)
First
Second
Third
Fourth
Fifth
50
100
200
200
200
8.6 Maintenance and Design Criteria
8.61 Maintenance and Administration Requirements.
A. Before final approval of a planned unit development, adequate provisions must be
developed for preservation and maintenance in perpetuity of open spaces and for the
continued existence and functioning of the development.
B. Open space preservation. Deed restrictions, covenants, permanent easements, public
dedication and acceptance, or other equally effective and permanent means must be
provided to ensure long-term preservation and maintenance of open space. The
instruments must include all of the following protections:
(I) commercial uses prohibited (for residential PUD's);
(2) vegetation and topographic alterations other than routine maintenance
prohibited;
(3) construction of additional buildings or storage of vehicles and other materials
prohibited; and
(4) uncontrolled beaching of watercraft prohibited.
C. Development organization and functioning. Unless an equally effective alternative
community framework is established, when applicable, all residential planned unit
developments must use an owners association with the following features:
(I) membership must be mandatory for each dwelling unit or site purchaser and any
successive purchasers;
(2) each member must pay a pro rata share of the association's expenses, and unpaid
assessments can become liens on units or sites;
(3) assessments must be adjustable to accommodate changing conditions; and
(4) the association must be responsible for insurance, taxes, and maintenance of all
commonly owned property and facilities.
8.62 Open Space Requirements. Planned unit developments must contain open space meeting all
of the following criteria:
(I) at least 50 percent of the total project area must be preserved as open space;
(2) dwelling units or sites, road rights-of-way, or land covered by road surfaces,
parking areas, or structures, except water-oriented accessory structures or
facilities, are developed areas and shall not be included in the computation of
minimum open space;
(3) open space must include areas with physical characteristics unsuitable for
development in their natural state, and areas containing significant historic sites or
unplatted cemeteries;
(4) open space may include outdoor recreational facilities for use by owners of
dwelling units or sites, by guests staying in commerical dwelling units or sites, and
by the general public;
(5) open space may include subsurface sewage treatment systems if the use of the
space is restricted to avoid adverse impacts on the systems;
(6) open space must not include commercial facilities or uses, but may contain
water-oriented accessory structures or facilities;
(7) the appearance of open space areas, including topography, vegetation, and
allowable uses, must be preserved by use of restrictive deed covenants, permanent
easements, public dedication and acceptance, or other equally effective and
permanent means; and
(8) the shore impact zone, based on normal structure setbacks, must be included as
open space. For residential PUD's, at least 50 percent of the shore impact zone
area of existing developments or at least 70 percent of the shore impact zone area
of new developments must be preserved in its natural or existing state. For
commercial PUD's, at least 50 percent of the shore impact zone must be preserved
in its natural state.
L__
,....
8.63
Erosion Control and Stormwater Management. Erosion control and stormwater
management plans must be developed and the PUD must:
(1) be designed, and the construction managed, to minimize the likelihood of serious
erosion occurring either during or after construction. This must be accomplished
by limiting the amount and length of time of bare ground exposure. Temporary
ground covers, sediment entrapment facilities, vegetated buffer strips, or other
appropriate techniques must be used to minimize erosion impacts on surface water
features. Erosion control plans approved by a soil and water conservation district
may be required if project size and site physical characteristics warrant; and
(2) be designed and constructed to effectively manage reasonably expected quantities
and qualities of stormwater runoff. Impervious surface coverage within any tier
must not exceed 25 percent of the tier area, except that for commercial PUD's 35
percent impervious surface coverage may be allowed in the first tier of general
development lakes with an approved stormwater management plan and consistency
with Section 5.3.
8.64 Centralization and Design of Facilities. Centralization and design of facilities and structures
must be done according to the following standards:
(1) planned unit developments must be connected to publicly owned water supply and
sewer systems, if available. On-site water supply and sewage treatment systems
must be centralized and designed and installed to meet or exceed applicable
standards or rules of the Minnesota Department of Health and Sections 5.2 and 5.8
of this ordinance. On-site sewage treatment systems must be located on the most
suitable areas of the development, and sufficient lawn area free of limiting factors
must be provided for a replacement soil treatment system for each sewage system;
(2) dwelling units or sites must be clustered into one or more groups and located on
suitable areas of the development. They must be designed and located to meet or
exceed the following dimensional standards for the relevant shoreland
classification: setback from the ordinary high water level, elevation above the
surface water features, and maximum height. Setbacks from the ordinary high
water level must be increased in accordance with Section 8.53 ofthis ordinance for
developments with density increases;
(3) shore recreation facilities, including but not limited to swinnning areas, docks, and
watercraft mooring areas and launching ramps, must be centralized and located in
areas suitable for them. Evaluation of suitability must include consideration of
land slope, water depth, vegetation, soils, depth to groundwater and bedrock, or
other relevant factors. The number of spaces provided for continuous beaching,
mooring, or docking of watercraft must not exceed one for each allowable
dwelling unit or site in the first tier (notwithstanding existing mooring sites in an
existing commercially used harbor). Launching ramp facilities, including a small
dock for loading and unloading equipment, may be provided for use by occupants
of dwelling units or sites located in other tiers;
(4) structures, parking areas, and other facilities must be treated to reduce visibility as
viewed from public waters and adjacent shorelands by vegetation, topography,
L
increased setbacks, color, or other means acceptable to the local unit of
government, assuming summer, leaf-on conditions. Vegetative and topographic
screening must be preserved, if existing, or may be required to be provided;
(5) accessory structures and facilities, except water oriented accessory structures,
must meet the required principal structure setback and must be centralized; and
(6) water-oriented accessory structures and facilities may be allowed if they meet or
exceed design standards contained in Section 5.2 of this ordinance and are
centralized.
8.7 Conversions
Local governments may allow existing resorts or other land uses and facilities to be converted to
residential planned unit developments if all ofthe following standards are met:
8.71 Proposed conversions must be initially evaluated using the same procedures for residential
planned unit developments involving all new construction. Inconsistencies between existing
features ofthe development and these standards must be identified.
8.72 Deficiencies involving water supply and sewage treatment, structure color, impervious
coverage, open space, and shore recreation facilities must be corrected as part of the conversion
or as specified in the conditional use permit.
8.73 Shore and bluff impact zone deficiencies must be evaluated and reasonable improvements
made as part of the conversion. These improvements must include, where applicable, the
following:
(I) removal of extraneous buildings, docks, or other facilities that no longer need to be
located in shore or bluff impact zones;
(2) remedial measures to correct erosion sites and improve vegetative cover and
screening of buildings and other facilities as viewed from the water; and
(3) if existing dwelling units are located in shore or bluff impact zones, conditions are
attached to approvals of conversions that preclude exterior expansions in any
dimension or substantial alterations. The conditions must also provide for future
relocation of dwelling units, where feasible, to other locations, meeting all setback
and elevation requirements when they are rebuilt or replaced.
8.74 Existing dwelling unit or dwelling site densities that exceed standards in Section 8.5 may be
allowed to continue but must not be allowed to be increased, either at the time of conversion or in
the future. Efforts must be made during the conversion to limit impacts of high densities by
requiring seasonal use, improving vegetative screening, centralizing shore recreation facilities,
installing new sewage treatment systems, or other means.
APPENDIX A
CONSIDERATIONS FOR TOWNSHIP ZONING
Townships may adopt shoreland management controls under authority of Minnesota Statutes,
section 394.33, subdivision I, if the controls are not inconsistent with or less restrictive than the
controls adopted by the county in which the township is located. This must be accomplished in
accordance with the following conditions:
-For the purposes of Minnesota Regulations, Parts 6120.2500 to 6120.3900, shoreland
management controls adopted by townships will only be considered to be consistent with
county controls if they cover the same full range of shore land management provisions
covered by the county controls, contain dimensional standards at least as restrictive as
those in the county controls, and do not allow land uses in particular areas that are not
allowed under the county's official controls.
-The township must demonstrate to the county board that their proposed ordinance and
administration is at least as restrictive as the county's prior to final adoption by the
township. This will include, at a minimum, that the township has the staff necessary to
administer the ordinance, has sufficient building permit application and certification fonns
and procedures, and an enforcement mechanism to enforce the ordinance should violations
occur.
-Townships must provide for administration and enforcement of shoreland management
controls at least as effective as county implementation. Townships that adopt shore land
controls must provide the notifications in Section 3.4 of the sample ordinance to the
Commissioner or the Commissioner's designee and to the zoning official of the county.
-After adequate shore land management controls are adopted by a township, property
owners must only obtain necessary permits and approvals as required in the township
shoreland management controls. Property owners do not have to obtain similar permits or
approvals under the county's shoreland controls.
The Commissioner ofthe Department of Natural Resources must also approve a township's
shoreland ordinance. The DNR and the respective county should work together to make a joint
determination as to whether the township's ordinance is in compliance with state and county
standards.
APPENDIX B
ORDINANCE CERTIFICATION CHECKLIST
[CITY/COUNTY NAME]
Once all the below listed tasks are completed, please sign and return the checklist and all required
documents to the appropriate DNR area hydrologist.
Date of published hearing notice.
1.
2. Date of postmark of hearing notice to commissioner of the Department of
Natural Resources/area hydrologist.
Date ofhearing(s).
3.
4.
Date of ordinance adoption.
5. If ordinance is published in entirety, date and affidavit of newspaper
publication of adopted ordinance (Include three copies of ordinance).
6. If only ordinance summary published, date and affidavit of newspaper
publication of ordinance title and summary along with certified copy of adopted ordinance in its
entirety from clerk/auditor. (Include three copies of ordinance)
(
Date of official filing of adopted ordinance with county recorder
record book number
page number).
7.
8. Yes No Board ofadjustment and appeals has been established?
*Note: Cities under charter must also submit a list of any additional requirements for hearings,
notices, etc. stated in their charter. Please specify:
Signature of Clerk/Auditor
I .rr
SMO-26O.081
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0tkd t;)!RsJ:ad
CITY OF CENTERVILLE
SHORELAND ORDINANCE
Adopted
terville
Established 1857
.1998
260-081-10
DRAFT
Revised July 23, 1998
,
SAMPLE SHORELAND MANAGEMENT ORDINANCE
TABLE OF CONTENTS
SECTION
PAGE
SECTION 1.0 - STATUTORY AUTHORIZATION AND POLICy.......................... 1
1.1 Statutory Authorization................................ ....................... 1
1.2 Policy.................................................... ........................ 1
SECTION 2.0 - GENERAL PROVISIONS AND DEFINITIONS............................. 1
2.1 Jurisdiction ................. ............................................... ..... 1
2.2 Compliance......................... ............................................ 1
2.3 Enforcement.................................................................... 2
2.4 Interpretation... ................................................................ 2
2.5 Severability....... .............................................................. 2
2.6 Abrogation and Greater Restrictions....................................... 2
2.7 Definitions ............................................... .......... ............. 2
SECTION 3.0 - ADMINISTRATION.. .............................................................. 8
3.1 Permits Required ............................................................. 8
3.2 Certificates of Zoning Compliance................... ......... ............ 8
3.3 Variances ....................................................................... 8
3.4 Notifications to DNR ....................................................... 8
SECTION 4.0 - SHORELAND CLASSIFICATIONS AND LAND USE DISTRICTS..... 9
4.1 Shoreland Classification System............................................ 9
4.2 Land Use District Descriptions ................................. :........ ..10
SECTION 5.0 - ZONING AND WATERSUPPLY/SANITARY PROVISIONS........... 15
5.1 Lot Area and Width Standards............................................. 15
5.2 Placement, Design, and Height of Structures ......................... 18
5.3 Shoreland Alterations. ............. ......................................... 22
5.4 Placement and Design of Roads, Driveways,
and Parking Areas ..... ................. ................................ .25
5.5 Stormwater Management... ..... ........................................... .25
5.6 Special Provisions for Commercial, Industrial, Publici
Semipublic, Agricultural, Forestry and Extractive Uses
and Mining of Metallic Minerals and Peat.......................... 26
5.7 Conditional Uses...... ..................... ........................... .......28
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5.8 Water Supply and Sewage Treatment.....................................29
SECTION 6.0 - NONCONFORMITIES ............................................................30
6.1 Construction on Nonconforming Lots of Record .......................30
6.2 Additions/Expansions to Nonconforming Structures...........:....... 31
6.3 Nonconforming Sewage Treatment Systems............................ 31
SECTION 7.0 - SUBDIVISION/PLATTING PROVISIONS ...................................32
SECTION 8.0 - PLANNED UNIT DEVELOPMENTS .........................................33
8.1 Types ofPUD's Permissible ...............................................33
8.2 Processing of PUD's.......................... ............................... 33
8.3 Application for a PUD ......................................................33
8.4 Site "Suitable Area" Evaluation....... .... ......... .................. ..... 34
8.5 Residential and Commercial PUD Density Evaluation ................35
8.6 Maintenance and Design Criteria...................................... .... 37
8.7 Conversions ............... ....................................................40
APPENDICES
APPENDIX A - ORDINANCE CERTIFICATION CHECKLIST
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SAMPLE SHORELAND MANAGEMENT ORDINANCE
SECTION 1.0 - STATUTORY AUTHORIZATION AND POLICY
1.1 Statutory Authorization
This shore land ordinance is adopted pursuant to the authorization and policies contained
in Minnesota Statutes, Chapter 103F, Minnesota Regulations, Parts 6120.2500 -
6120.3900, and the planning and zoning enabling legislation in Minnesota Statutes,
Chapter 394 (for counties) or Chapter 462 (for municipalities).
1.2 Policy
The uncontrolled use of shorelands of the City of Centerville, Minnesota affects the public
health, safety and general welfare not only by contributing to pollution of public waters,
but also by impairing the local tax base. Therefore, it is in the best interests of the public
health, safety and welfare to provide for the wise subdivision, use and development of
shorelands of public waters. The Legislature of Minnesota has delegated responsibility to
local governments of the state to regulate the subdivision, use and development of tIie
shorelands of public waters and thus preserve and enhance the quality of surface waters,
conserve the economic and natural environmental values of shorelands, and provide for the
wise use of waters and related land resources. This responsibility is hereby recognized by
the City of Centerville.
SECTION 2.0 - GENERAL PROVISIONS AND DEFINITIONS
2.1 Jurisdiction
The provisions of this ordinance shall apply to the shore lands of the public water bodies
as classified in Section 4.0 of this ordinance. Pursuant to Minnesota Regulations, Parts
6120.2500 - 6120.3900, no lake, pond, or flowage less than 10 acres in size in
municipalities or 25 acres in size in unincorporated areas need be regulated in a local
government's shoreland regulations. A body of water created by a private user where
there was no previous shoreland may, at the discretion of, the governing body, be exempt
from this ordinance.
2.2 Compliance
The use of any shoreland of public waters; the size and shape of lots; the use, size, type
and location of structures on lots; the installation and maintenance of water supply and
waste treatment systems, the grading and filling of any shoreland area; the cutting of.
shoreland vegetation; and the sllhllivi<inTl nf 101]Q ~llaU ll~ ill fi,l1 mmpli"n"e with the terms
of this ordinance and other applicable regulations.
~~.1'rr
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,
2.3 Enforcement
The City of Centerville is responsible for the administration and enforcement of this
ordinance. Any violation of the provisions of this ordinance or failure to comply with any
of its requirements (including violations of conditions and safeguards established in
connection with grants of variances or conditional uses) shall constitute a misdemeanor and
shall be punishable as defmed by law. Violations of this ordinance can occur regardless
of whether or not a permit is required for a regulated activity pursuant to Section 3.1 of
this ordinance.
2.4 Interpretation
In their interpretation and application, the provisions of this ordinance shall be held to be
minimum requirements and shall be liberally construed in favor of the governing body and
shall not be deemed a limitation or repeal of any other powers granted by State Statutes.
2.5 Severability
If any section, clause, provision, or portion of this ordinance is adjudged unconstitutional
or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not
be affected thereby.
2.6 Abrogation and Greater Restrictions
It is not intended by this ordinance to repeal, abrogate, or impair any existing easements,
covenants, or deed restrictions. However, where this ordinance imposes greater
restrictions, the provisions of this ordinance shall prevail. All other ordinances
inconsistent with this ordinance are hereby repealed to the extent of the inconsistency only.
2.7 Definitions
Unless specifically defmed below, words or phrases used in. this ordinance shall be
interpreted so as to give them the same meaning as they have in common usage and so as
to give this ordinance its most reasonable application. For the purpose of this ordinance,
the words "must" and "shall" are mandatory and not permissive. All distances, unless
otherwise specified, shall be measured horizontally.
2.711 Accessory structure or facility. "Accessory structure" or "facility" means any
building or improvement subordinate to a principal use which, because of the
nature of its use, can reasonably be located at or greater than normal structure
setbacks.
2.712 Bluff. "Bluff" means a topographic feature such as a hill, cliff, or embankment
having the following characteristics (an area with an average slope of less than 18
percent over a distance for 50 feet or more shall not be considered part of the
bluff) :
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(1) Part or all of the feature is located in a shore land area;
(2) The slope rises at least 25 feet above the ordinary high water level of the
waterbody;
(3) The grade of the slope from the toe of the bluff to a point 25' feet or more
above the ordinary high water level averages 30 percent or greater; and
(4) The slope must drain toward the waterbody.
2.713 Bluff impact zone. "Bluff impact zone" means a bluff and land located within 20
feet from the top of a bluff.
2.714 Boathouse. "Boathouse" means a structure designed and used solely for the storage
of boats or boating equipment.
2.715 Building line. "Building line" means a line parallel to a lot line or the ordinary
high water level at the required setback beyond which a structure may not extend.
2.716 Commercial planned unit developments. "Commercial planned unit developments"
are typically uses that provide transient, short-term lodging spaces, rooms, or
parcels and their operations are essentially service-oriented. For example,
hotel/motel accommodations, resorts, recreational vehicle and camping parks, and
other primarily service-oriented activities are commercial planned unit
developments.
2.717 Commercial use. "Commercial use" means the principal use of land or buildings
for the sale, lease, rental, or trade of products, goods, and services.
2.718 Commissioner. "Commissioner" means the commissioner of the Department of
Natural Resources.
2.719 Conditional use. "Conditional use" means a land use or development as defined
by ordinance that would not be appropriate generally but may be allowed with
appropriate restrictions as provided by official controls upon a finding that certain
conditions as detailed in the zoning ordinance exist, the use or development
conforms to the comprehensive land use plan of the community, and the use is
compatible with the existing neighborhood.
2.720 Deck. "Deck" means a horizontal, unenclosed platform with or without attached
railings, seats, trellises, or other features, attached or functionally related to a
principal use or site and at any point extending more than three feet above ground.
2.721 Duplex, triplex, and quad. "Duplex," triplex," and "quad" means a dwelling
structure on a single lot, having two, three, and four units , respectively, being
attached by common walls and each unit equipped with separate sleeping, cooking,
eating, living, and sanitation facilities.
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2.722 Dwelling site. "Dwelling site" means a designated location for residential use by
one or more persons using temporary or movable shelter, including camping and
recreational vehicle sites.
2.723 Dwelling unit. "Dwelling unit" means any structure or portion of a structure, or
other shelter designed as short- or long-term living quarters for one or more
persons, including rental or timeshare accommodations such as motel, hotel, and
resort rooms and cabins.
2.724 Extractive use. "Extractive use" means the use of land for surface or subsurface
removal of sand, gravel, rock, industrial minerals, other nonmetallic minerals, and
peat not regulated under Minnesota Statutes, sections 93.44 to 93.51.
2.725 Forest land conversion. "Forest land conversion" means the clear cutting of
forested lands to prepare for a new land use other than reestablishment of a
subsequent forest stand.
2.726 Guest cottage. "Guest cottage" means a structure used as a dwelling unit that may
contain sleeping spaces and kitchen and bathroom facilities in addition to those
provided in the primary dwelling unit on a lot.
2.727 Hardship. "Hardship" means the same as that term is defmed in Minnesota
Statutes, Chapter 394 (for counties) or Chapter 462 (for municipalities).
2.728 Height of building. "Height of building" means the vertical distance between the
highest adjoining ground level at the building or ten feet above the lowest ground
level, whichever is lower, and the highest point of a flat roof or average height of
the highest gable of a pitched or hipped roof.
2.729 Industrial use. "Industrial use" means the use of land or buildings for the
production, manufacture, warehousing, storage, or transfer of goods, products,
commodities, or other wholesale items.
2.730 Intensive vegetation clearing. "Intensive vegetation clearing" means the complete
removal of trees or shrubs in a contiguous patch, strip, row, or block.
2.731 Lot. "Lot" means a parcel ofIand designated by plat, metes and bounds, registered
land survey, auditors plot, or other accepted means and separated from other
parcels or portions by said description for the purpose of sale, lease, or separation.
2.732 Lot width. "Lot width" means the shortest distance between lot lines measured at
the midpoint of the building line.
2.733 Nonconformity. "Nonconformity" means any legal use,structure or parcel of land
already in existence, recorded, or authorized before the adoption of official controls
or amendments thereto that would not have been permitted to become established
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under the terms of the official controls as now written, if the official controls had
been in effect prior to the date it was established, recorded or authorized.
2.734 Ordinary high water level. "Ordinary high water level" means the boundary of
public waters and wetlands, and shall be an elevation delineating the highest water
level which has been maintained for a sufficient period of time to leave evidence
upon the landscape, commonly that point where the natural vegetation changes
from predominantly aquatic to predominantly terrestrial. For watercourses, the
ordinary high water level is the elevation of the top of the bank of the channel. For
reservoirs and flowages, the ordinary high water level is the operating elevation of
the normal summer pool.
2.735 Planned unit development. "Planned unit development" means a type of
development characterized by a unified site design for a number of dwelling units
or dwelling sites on a parcel, whether for sale, rent, or lease, and also usually
involving clustering of these units or sites to provide areas of common open space,
density increases, and a mix of structure types and land uses. These developments
may be organized and operated as condominiums, time-share condominiums,
cooperatives, full fee ownership, commercial enterprises, or any combination of
these, or cluster subdivisions of dwelling units, residential condominiums,
townhouses, apartment buildings, campgrounds, recreational vehicle parks, resorts,
hotels, motels, and conversions of structures and land uses to these uses..
2.736 Public waters. "Public waters" means any waters as defmed in Minnesota Statutes,
section 103G.005, subdivisions 15 and 15a.
2.737 Residential planned unit development. "Residential planned unit development"
means a use where the nature of residency is non-transient and the major or
primary focus of the development is not service-oriented. For example, residential
apartments, manufactured home parks, time-share condominiums, townhouses,
cooperatives, and full fee ownership residences would be considered as residential
planned unit developments. To qualify as a residential planned unit development,
a development must contain at least five dwelling units or sites.
2.738 Semipublic use. "Semipublic use" means the use of land by a private, nonprofit
organization to provide a public service that is otdinarily open to some persons
outside the regular constituency of the organization.
2.739 Sensitive resource management. "Sensitive resource management" means the
preservation and management of areas unsuitable for development in their natural
state due to constraints such as shallow soils over groundwater or bedrock, highly
erosive or expansive soils, steep slopes, susceptibility to flooding, or occurrence
of flora or fauna in need of special protection.
2.740 Setback. "Setback" means the minimum horizontal distance between a structure,
sewage treatment system, or other facility and an ordinary high water level, sewage
treatment system, top of a bluff, road, highway, property line, or other facility.
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2.741 Sewage treatment system. "Sewage treatment system" means a septic tank and soil
absorption system or other individual or cluster type sewage treatment system as
described and regulated in Section 5.8 of this ordinance.
2.742 Sewer system. "Sewer system" means pipelines or conduits, pumping'stations, and
force main, and all other construction, devices, appliances, or appurtenances used
for conducting sewage or industrial waste or other wastes to a point of ultimate
disposal.
2.743 Shore impact zone. "Shore impact zone" means land located between the ordinary
high water level of a public water and a line parallel to it at a setback of 50 percent
of the structure setback.
2.744 Shoreland. "Shoreland" means land located within the following distances from
public waters: 1,000 feet from the ordinary high water level of a lake, pond, or
flowage; and 50 feet from a river or stream, or the landward extent of a floodplain
designated by ordinance on a river or stream, whichever is greater. The limits of
shore lands may be reduced whenever the waters involved are bounded by
topographic divides which extend landward from the waters for lesser distances and
when approved by the commissioner.
2.745 Significant historic site. "Significant historic site!' means 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 unplatted 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.
2.746 Steep slope. "Steep slope" means 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 approjJriate design and construction
techniques and farming practices are used in accordance with the provisions of this
ordinance. Where specific information is not available, steep slopes are lands
having average slopes over 12 percent, as measured over horizontal distances of
50 feet or more, that are not bluffs.
2.747 Structure. "Structure" means any building or appurtenance, including decks,
except aerial or underground utility lines, such as sewer, electric, telephone,
telegraph, gas lines, towers, poles, and other supporting facilities.
2.748 Subdivision. "Subdivision" means land that is divided for the purpose of sale, rent,
or lease, including planned unit developments.
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2.749 Surface water-oriented commercial use. "Surface water-oriented commercial use"
means the use of land for commercial purposes, where access to and use of a
surface water feature is an integral part of the normal conductance of business.
Marinas, resorts, and restaurants with transient docking facilities are examples of
such use. .
2.750 Toe of the bluff. "Toe of the bluff" means the lower point of a 50-foot segment
with an average slope exceeding 18 percent.
2.751 Top of the bluff. "Top of the bluff" means the higher point of a 50-foot segment
with an average slope exceeding 18 percent.
2.752 Variance. "Variance" means the same as that term is defined or described in
Minnesota Statutes, Chapter 394 (for counties) or Chapter 462 (for municipalities).
2.753 Water-oriented accessory structure or facility. "Water-oriented accessory structure
or facility" means 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 nonna! structure setback. Examples of such structures and facilities
include boathouses, gazebos, screen houses, fish houses, pump houses, and
detached decks.
2.754 Wetland. "Wetland" means a surface water feature classified as a wetland in the
United States Fish and Wildlife Service Circular No. 39 (1971 edition).
SECTION 3.0 - ADMINISTRATION
3.1
Permits Required
3.11
3.12
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SMO-260.081
A permit is required for the construction of buildings or building additions (and
including such related activities as construction of decks and signs), the installation
and/or alteration of sewage treatment systems, and those grading and f1l.ling
activities not exempted by Section 5.3 of this ordinance. Application for a permit
shall be made to the City of Centerville Building Inspector on the forms
provided. The application shall include the necessary information so that the City
of Centerville Building Inspector can determine the site' s suitability for the
intended use and that a compliant sewage treatment system will be provided.
A permit authorizing an addition to an existing structure shall stipulate that an
identified nonconforming sewage treatment system, as defmed by Section 5.8, shall
be reconstructed or replaced in accordance with the provisions of this ordinsnce.
jAI' 9!Yu{iuJ. 0t. Hv:vI-'. c:vv.-- 1
j/ill - tYY1 /i1Jf}7~ C,Af/ bL~ ,1'2"
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1 f~ I' p / 260-081.10
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3.2 Certificate of Zoning Compliance
The Building Inspector shall issue a certificate of zoning compliance for each activity
requiring a permit as specified in Section 3.1 of this ordinance. This certificate will
specify that the use of land conforms to the requirements of this ordinance. Any use,
arrangement, or construction at variance with that authorized by permit shan be deemed
a violation of this ordinance and shall be punishable as provided in Section 2.3 of this
ordinance.
3.3 Variances
3.31 Variances may only be granted in accordance with Minnesota Statutes, Chapter 394
(for counties) or 462 (for municipalities), as applicable. A variance may not
circumvent the general purposes and intent of this ordinance. No variance may be
granted that would allow any use that is prohibited in the zoning district in which
the subject property is located. Conditions may be imposed in the granting of a
variance to ensure compliance and to protect adjacent properties and the public
interest. In considering a variance request, the board of adjustment must also
consider whether the property owner has reasonable use of the land without the
variance, whether the property is used seasonally or year-round, whether the
variance is being requested solely on the basis of economic considerations, and the
characteristics of development on adjacent properties.
3.32 The board of adjustment shall hear and decide requests for variances in accordance
with the rules that it has adopted for the conduct of business. When a variance is
approved after the Department of Natural Resources has formally recommended
denial in the hearing record, the notification of the approved variance required in
Section 3.42 below shall also include the board of adjustment's summary of the
public record/testimony and the findings of facts and conclusions which supported
the issuance of the variance.
3.33 For existing developments, the application for variance must clearly demonstrate
whether a conforming sewage treatment system is present for the intended use of
the property. The variance, if issued, must require reconstruction of a
nonconforming sewage treatment system.
3.4 Notifications to the Department of Natural Resources
3.41 Copies of all notices of any public hearings to consider variances, amendments, or
conditional uses under local shoreland management controls must be sent to the
commissioner or the commissioner's designated representative and postmarked at
least ten days before the hearings. Notices of hearings to consider proposed
subdivisions/plats must include copies of the subdivision/plat.
3.42 A copy of approved amendments and subdivisions/plats, and final decisions
granting variances or conditional uses under local shoreland management controls
must be sent to the commissioner or the commissioner's designated representative
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and postmarked within ten days of final action.
SECTION 4.0 - SHORELAND CLASSIFICATION SYSTEM AND LAND USE DISTRICTS
4.1 Shoreland Classification System
The public waters of the City of Centerville have been classified below consistent with the
criteria found in Minnesota Regulations, Part 6120.3300, and the Protected Waters
Inventory Map for Anoka County, Minnesota.
4.11 The shoreland area for the waterbodies listed in sections 4.12 and 4.13 shaH be as
defmed in section 2.744 and as shown on the Official Zoning Map.
4.12 Lakes
A. Natural Environment Lakes
Peltier Lake
Protected Waters
Inventory I.D.#
4P
B.
Recreational Development Lakes
Centerville Lake
Protected Waters
Inventory I.D.#
6P
C.
General Development Lakes
None
Protected Waters
Inventory I.D.#
4.13 Rivers and Streams
A. Remote Rivers None
B. Forested Rivers None
C. Transition Rivers None
D. Agricultural Rivers None
E. Urban Rivers None
F. Tributary Streams *
Clearwater Creek See map
* All protected watercourses in the City of Centerville shown on the
Protected Waters Inventory Map for Anoka County, a copy of which is
hereby adopted by reference, not given a classification in Items A-E above
shall be considered "Tributary".
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4.2 Land Use District Descriptions
4.21 Criteria For Designation. The land use districts in Section 4.22, and the delineation
of a land use district's boundaries on the Official Zoning Map, must be consistent
with the goals, policies, and objectives of the comprehensive land use plan (when
available) and the following criteria, considerations, and objectives: .
A. General Considerations and Criteria for All Land Uses:
(1) preservation of natural areas;
(2) present ownership and development of shoreland areas;
(3) shoreland soil types and their engineering capabilities;
(4) topographic characteristics;
(5) vegetative cover;
(6) in-water physical characteristics, values, and constraints;
(7) recreational use of the surface water;
(8) road and service center accessibility;
(9) socioeconomic development needs and plans as they involve water
and related land resources;
(10) the land requirements of industry which, by its nature, requires
location in shoreland areas; and
(11) the necessity to preserve and restore certain areas having significant
historical or ecological value.
B. Factors and Criteria for Planned Unit Developments:
(1) existing recreational use of the surface wates and likely increases in
use associated with planned unit developments;
(2) physical and aesthetic impacts of increased density;
(3) suitability of lands for the planned unit development approach;
(4) level of current development in the area; and
(5) amounts and types of ownership of undeveloped lands.
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4.22 Land Use District Descriptions. The land use district.s provided below, and the
allowable land uses therein for the given classifications of waterbodies, shall be
properly delineated on the Official Zoning Map for the shorelands of this
community. These land use districts are in conformance with the criteria specified
in Minnesota Regulation, Part 6120.3200, Subp. 3:
(Note: Include either the following tables of land use districts by classification, modified tables
meeting state standards or a reference to an existing ordinance with land use descriptions meeting
state standards.)
A. Land Use Districts For Lakes (p = permitted, C = conditional)
General Recreational Natural
Development Development Environment
Lakes Lakes Lakes
(Centerville Lake) (peltier Lake)
(1) Special Protection District - Uses
-Forest management P P P
-Sensitive resource
management P P P
-Agricultural: cropland and
pasture P P P
-Agricultural feedlots C C C
-Parks and historic sites C C C
-Extractive use C C C
-Single residential C C C
-Mining of metallic minerals
and peat P P P
(2) Residential District - Uses
-Single residential P P P
-Semipublic C C C
-Parks & historic sites C C C
-Extractive use C , C C
-Duplex, triplex, quad
residential P P C
-Forest management P P P
-Mining of metallic minerals
and peat P P P
(3) High Density Residential District - Uses
-Residential planned unit
developments
-Single residential
c
P
C
P
C
P
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* As accessory to a residential planned unit development
**Limited expansion of a commercial planned unit development involving up to six
additional dwelling units or sites may be allowed as a permitted use provided the
provisions of Section 8.0 of this ordinance are satisfied.
(5) General Use District - Uses
-Commercial P P C
-Commercial planned unit
development** C C C
-Industrial C C N
-Public, semipublic P P C
-Extractive use C C C
-Parks & historic sites C C C
-Forest management P P P
-Mining of metallic
minerals and peat P P P
B. Land Use Districts for Rivers and Streams
Re-
mote
For- Trans- Agri- Ur-
ested ition cultural ban
Tribu-
tary
(Clearwater Creek)
(1) Special Protection District - Uses
-Forest management P P P P P P
-Sensitive resource
management P P P P P P
-Agricultural: cropland
and pasture P P P P P P
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-Agricultural feedlots C C C C C C
-Parks and historic sites C C C C C C
-Extractive use C C C C C C
-Single residential C C C C .c C
-Mining of metallic
minerals and peat P P P P P P
(2) Residential District - Uses
-Single residential P P P P P P
-Semipublic C C C C C P
-Parks and historic sites C C C C C P
-Extractive use C C C C C C
-Duplex, triplex, quad
residential C C C C P C
-Forest management P P P P P P
-Mining of metallic
minerals and peat P P P P P P
* As accessory to a residential planned unit development
**Limited expansion of a commercial planned unit development involving up to six additional
dwelling units or sites may be allowed as a permitted use provided the provisions of Section
8.0 of this ordinance are satisfied.
(3) High Density Residential- Uses
-Residential planned
unit developments C C C C C C
-Single residential P P P P P P
-Surface water oriented
commercial* C C C C C C
-Semipublic C C C C C C
-Parks and historic sites C C C C C C
-Duplex, triplex, quad
residential P P P P P P
-Forest management P P P P P P
(4) Water-oriented Commercial- Uses
-Surface water-oriented
commercial C C C C C C
-Commercial. planned
unit development* C C C C C C
-Public, semipublic C C C P P P
-Parks and historic sites C C C C C C
-Forest management P P P P P P
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(5) General Use District - Uses
-Commerical C C C C P C
-Commercial planned
unit development** C C C C C C
-Industrial N C N N C C
-Public, semipublic C C C C P C
-Extractive use C C C C C C
-Parks and historic sites C C C C C C
-Forest management P P P P P P
-Mining of metallic
minerals and peat P P P P P P
* As accessory to a residential planned unit development
**Limited expansion of a commercial planned unit development involving up to six additional
dwelling units or sites may be allowed as a permitted use provided the provisions of Section 8.0
of this ordinance are satisfied.
4.23 Use and Upgrading of Inconsistent Land Use Districts.
A. The land use districts adopted in Ordinance Number _, Section_,
as they apply to shoreland areas, and their delineated boundaries on the
Official Zoning Map, are not consistent with the land use district
designation criteria specified in Section 4.22 herein. These inconsistent
land use district designations may continue until revisions are proposed to
change either the land use district designation within an existing land use
district boundary shown on the Official Zoning Map or to modify the
boundary of an existing land use district shown on the Official Zoning Map.
B. When a revision is proposed to an inconsistent land use district provision,
the following additional criteria and procedures shall apply:
(1) For Lakes. When a revision to a land use district designation on a
lake is considered, the land use district boundaries and use
provisions therein for all the shoreland areas within the jurisdiction
of this ordinance on said lake must be revised to make them
substantially compatible with the framework in Sections 4.21 and
4.22 of this ordinance.
(2) For Rivers and Streams. When a revision to a land use district
designation on a river or stream is proposed, the land use district
boundaries and the use provisions therein for all shoreland on both
sides of the river or stream within the same classification within the
jurisdiction of this ordinance must be revised to make them
substantially compatible with the framework in Sections 4.21 and
4.22 of this ordinance. If the same river classification is contiguous
for more than a five-mile segment, only the shoreland for a distance
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of 2.5 miles upstream and downstream, or to the class boundary if
closer, need be evaluated and revised.
C. When an interpretation question arises about whether a specific land use fits
within a given "use" category, the interpretation shall be made by the Board
of Adjustment. When a question arises as to whether a land' use district's
boundaries are properly delineated on the Official Zoning Map, this
decision shall be made by the City of Centerville.
D. When a revision is proposed to an inconsistent land use district provision
by an individual party or landowner, this individual party or landowner will
only be responsible to provide the supporting and/or substantiating
information for the specific parcel in question. The City of Centervillewill
direct the Building Inspector to provide such additional information for
this waterbody as is necessary to satisfy Items A and B.
E. The City of Centerville must make a detailed fmding of fact and conclusion
when taking fmal action that this revision, and the upgrading of any
inconsistent land use district designations on said waterbody, are consistent
with the enumerated criteria and use provisions of Section 4.2.
SECTION 5.0 - ZONING AND WATER SUPPLY/SANITARY PROVISIONS
5.1 Lot Area and Width Standards.
The lot area (in square feet) and lot width standards (in feet) for single, duplex, triplex and
quad residential lots created after the date of enactment of this ordinance for the lake and
river/stream classifications are the following:
5.11 Unsewered Lakes
A. No new construction will be allowed within the shoreland zones without
sewer systems.
5.12 Sewered Lakes:
A. Natural Environment (peltier Lake):
Riparian
Area
Lots
Width
Nonriparian
Area
Lots
Width
Single
11,500
80
11,500
80
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B. Recreational Development (Centerville Lake):
Riparian Lots Nonriparian Lots
Area Width Area Width
Single 11,500 80 11,500 80.
C. General Development:
Riparian Lots Nonriparian Lots
Area Width Area Width
Single 11,500 80 11,500 80
5.13 River/Stream Lot Width Standards. There is no minimum lot size requirements for
rivers and streams. The lot width standards for single, duplex, triplex, and quad
residential developments for the six river/stream classifications are:
Re- For- Trans- Agri- Urban &
mote ested ition cultural Tributary
No Sewer Sewer
Single 80 80 80 80 80 80
5.14 Additional Special Provisions.
A. Residential subdivisions with dwelling unit densities exceeding those in the
tables in Sections 5.12 and 5.13 can only be allowed if designed and
approved as residential planned unit developments under Section 8.0 of this
ordinance. Only land above the ordinary high water level of public waters
can be used to meet lot area standards, and lot width standards must be met
at both the ordinary high water level and at the building line. The sewer lot
area dimensions in Section 5.12 can only be used if publicly owned sewer
system service is available to the property .
B. Subdivisions of duplexes, triplexes, and i1uads on Natural Environment
Lakes must also meet the following standards:
(1) each building must be set back at least 50 feet from the ordinary
high water level;
(2) each building must be connected to the City sewer system;
(3) watercraft docking facilities for each lot must be centralized in one
location and serve all dwelling units in the building; and
(4) no more than 25 percent of a lake's shoreline can be in duplex,
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triplex, or quad developments.
C. One guest cottage may be allowed on lots meeting or exceeding the duplex
lot area and width dimensions presented in Sections 5.11-5.13, provided the
following standards are met: .
(1) for lots exceeding the minimum lot dimensions of duplex lots, the
guest cottage must be located within the smallest duplex-sized lot
that could be created including the principal dwelling unit;
(2) a guest cottage must not cover more than 700 square feet of land
surface and must not exceed IS feet in height; and
(3) a guest cottage must be located or designed to reduce its visibility
as viewed from public waters and adjacent shorelands by vegetation,
topography, increased setbacks or color, assuming summer leaf-on
conditions.
D. Lots intended as controlled accesses to public waters or as recreation areas
for use by owners of nonriparian lots within subdivisions are permissible
and must meet or exceed the following standards:
(1) they must meet the width and size requirements for residential lots,
and be suitable for the intended uses of controlled access lots.
(2) If docking, mooring, or over-water storage of more than six (6)
watercraft is to be allowed at a controlled access lot, then the width
of the lot (keeping the same lot depth) must be increased by the
percent of the requirements for riparian residential lots for each
watercraft beyond six, consistent with the following table:
Controlled Access Lot Frontage Requirements
Ratio of lake size
to shore length
(acres/mile)
Required increase
in frontage
(p~rcent)
Less than 100
100-200
201-300
301-400
Greater than 400
25
20
15
10
5
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(3) they must be jointly owned by all purchasers of lots in the
subdivision or by all purchasers of nonriparian lots in the
subdivision who are provided riparian access rights on the access
lot; and
(4) covenants or other equally effective legal instruments must be
developed that specify which lot owners have authority to use the
access lot and what activities are allowed. The activities may
include watercraft launching, loading, storage, beaching, mooring,
or docking. They must also include other outdoor recreational
activities that do not significantly conflict with general public use of
the public water or the enjoyment of normal property rights by
adjacent property owners. Examples of the insignificant conflict
activities include swimming, sunbathing, or picnicking. The
covenants must limit the total number of vehicles allowed to be
parked and the total number of watercraft allowed to be
continuously moored, docked, or stored over water, and must
require centralization of all common facilities and activities in the
most suitable locations on the lot to minimize topographic and
vegetation alterations. They must also require all parking areas,
storage buildings, and other facilities to be screened by vegetation
or topography as much as practical from view from the public
water, assuming summer, leaf-on conditions.
5.2 Placement, Design, and Height of Structures.
5.21 Placement of Structures on Lots. When more than one setback applies to a site,
structures and facilities must be located to meet all setbacks. Where structures
exist on the adjoining lots on both sides of a proposed building site, structure
setbacks may be altered without a variance to conform to the adjoining setbacks
from the ordinary high water level, provided the proposed building site is not
located in a shore impact zone or in a bluff impact zone. Structures shall be located
as follows.
A. Structure Setbacks (in feet) from Ordinary High Water Level*.
Setbacks*
Classes of
Public Waters
Structures
Unsewered Sewered
Lakes
Natural Environment
Recreational Development
General Development
50
50
50
50
50
50
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Rivers
Remote 50
Forested and Transition 50
Agriculture, Urban, and Tributary 50
50
50
50
*One water-oriented accessory structure designed in accordance with
Section 5.22 of this ordinance may be set back a minimum distance of ten
(10) feet from the ordinary high water level.
** Distance between structures and propertY line. not OHW.
B. Additional Structure Setbacks. The following additional structure setbacks
apply, regardless of the classification of the waterbody:
Setback From:
Setback (in feet)
(I)
top of bluff;
30
(2)
unplatted cemetery;
50
(3)
right-of-way line of
federal, state, or
county highway; and
50
(4)
right-of-way line of
town road, public street,
or other roads or streets
not classified.
20
C. Bluff Impact Zones. Structures and accessory facilities, except stairways
and landings, must not be placed within bluff impact zones.
D. Uses Without Water-oriented Needs. Uses without water-oriented needs
must be located on lots or parcels without public waters frontage, or, if
located on lots or parcels with public waters frontage, must either be set
back double the normal ordinary high wate, level setback or be substantially
screened from view from the water by vegetation or topography, assuming
summer, leaf-on conditions.
5.22 Design Criteria For Structures.
A. High Water Elevations. Structures must be placed in accordance with any
floodplain regulations applicable to the site. Where these controls do not
exist, the elevation to which the lowest floor, including basement, is placed
or flood-proofed must be determined as follows:
(I) for lakes, by placing the lowest floor at a level at least three feet
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above the highest known water level, or three feet above the
ordinary high water level, whichever is higher;
(2) for rivers and streams, by placing the lowest floor at least three feet
above the flood of record, if data are available. If data are not
available, by placing the lowest floor at least three feet above the
ordinary high water level, or by conducting a technical evaluation
to determine effects of proposed construction upon flood stages and
flood flows and to establish a flood protection elevation. Under all
three approaches, technical evaluations must be done by a qualified
engineer or hydrologist consistent with parts 6120.5000 to
6120.6200 governing the management of flood plain areas. If more
than one approach is used, the highest flood protection elevation
determined must be used for placing structures and other facilities;
and
(3) water-oriented accessory structures may have the lowest floor placed
lower than the elevation determined in this item if the structure is
constructed of flood-resistant materials to the elevation, electrical
and mechanical equipment is placed above the elevation and, if long
duration flooding is anticipated, the structure is built to withstand
ice action and wind-driven waves and debris.
B. Water-oriented Accessory Structures.' Each lot may have one
water-oriented accessory structure not meeting the normal structure setback
in Section 5.21 of this ordinance if this water-oriented accessory structure
complies with the following provisions:
(1) the structure or facility must not exceed ten feet in height, exclusive
of safety rails, and carrnot occupy an area greater than 250 square
feet. Detached decks must not exceed eight feet above grade at any
point;
(2) the setback of the structure or facility from the ordinary high water
level must be at least ten feet;
,
(3) the structure or facility must be treated to reduce visibility as viewed
from public waters and adjacent shorelands by vegetation,
topography, increased setbacks or color, assuming summer, leaf-on
conditions;
(4) the roof may be used as a deck with safety rails, but must not be
enclosed or used as a storage area;
(5) the structure or facility must not be designed or used for human
habitation and must not contain water supply or sewage treatment
facilities; and
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(6) as an alternative for general development and recreational
development waterbodies, water-oriented accessory structures used
solely for watercraft storage, and including storage of related
boating and water-oriented sporting equipment, may occupy an area
up to 400 square feet provided the maximum width of. the Structure
is 20 feet as measured parallel to the configuration of the shoreline.
C. Stairways, Lifts, and Landings. Stairways and lifts are the preferred
alternative to major topographic alterations for achieving access up and
down bluffs and steep slopes to shore areas. Stairways and lifts must meet
the following design requirements:
(1) stairways and lifts must not exceed four feet in width on residential
lots. Wider stairways may be used for commercial properties,
public open-space recreational properties, and planned unit
developments;
(2) landings for stairways and lifts on residential lots must not exceed
32 square feet in area. Landings larger than 32 square feet may be
used for commercial properties, public open-space recreational
properties, and planned unit developments;
(3) canopies or roofs are not allowed .on stairways, lifts, or landings;
(4) stairways, lifts, and landings may be either constructed above the
ground on posts or pilings, or placed into the ground, provided they
are designed and built in a manner that ensures control of soil
erosion;
(5) stairways, lifts, and landings must be located in the most visually
inconspicuous portions of lots, as viewed from the surface of the
public water assuming summer, leaf-on conditions, whenever
practical; and
(6) facilities such as ramps, lifts, or, mobility paths for physically
handicapped persons are also allowed for achieving access to shore
areas, provided that the dimensional and performance standards of
subitems (1) to (5) are complied with in addition to the requirements
of Minnesota Regulations, Chapter 1340.
D. Significant Historic Sites. No structure may be placed on a significant
historic site in a manner that affects the values of the site unless adequate
information about the site has been removed and documented in a public
repository .
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E. Steep Slopes. The City of Centerville Building Inspector must evaluate
possible soil erosion impacts and development visibility from public waters
before issuing a permit for construction of sewage treatment systems, roads,
driveways, structures, or other improvements on steep slopes. When
determined necessary, conditions must be attached to issued permits to
prevent erosion and to preserve existing vegetation screening of structures,
vehicles, and other facilities as viewed from the surface of public waters,
assuming summer, leaf-on vegetation.
5.23 Height of Structures. All structures in residential districts, except churches and
nonresidential agricultural structures, must not exceed 25 feet in height.
5.3 Shoreland Alterations
Alterations of vegetation and topography will be regulated to prevent erosion into public
waters, fix. nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank
slumping, and protect fish and wildlife habitat.
5. 31 Vegetation Alterations.
A. Vegetation alteration necessary for the construction of structures and sewage
treatment systems and the construction of roads and parking areas regulated
by Section 5.4 of this ordinance are exempt from the vegetation alteration
standards that follow.
B. Removal or alteration of vegetation, except for agricultural and forest
management uses as regulated in Sections 5.62 and 5.63, respectfully, is
allowed subject to the following standards:
(1)
(2)
SMO-260.0S1
Intensive vegetation clearing within the shore and bluff impact zones
and on steep slopes is not allowed. Intensive vegetation clearing for
forest land conversion to another use outside of these areas is
allowable as a conditional use if an erosion control and
sedimentation plan is developed and approved by the soil and water
conservation district in which the property is located.
1.1
~
~
In shore and bluff impact zones and on steep slopes, limited clearing
of trees and shrubs and cutting, pruning, and trimming of trees is
allowed to provide a view to the water from the principal dwelling
site and to accommodate the placement of stairways and landings,
picnic areas, access paths, livestock watering areas, beach and
watercraft access areas, and permitted water-oriented accessory
structures or facilities, provided that:
(a) the screening of structures, vehicles, or other facilities as
viewed from the water, assuming summer, leaf-on
conditions, is not substantially reduced;
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(b) along rivers, existing shading of water surfaces is preserved;
and
(c) the above provisions are not applicable to the removal of
trees, limbs, or branches that are dead, diseased, or pose
safety hazards.
5.32 Topographic Alterations/Grading and Filling.
A. Grading and filling and excavations necessary for the construction of
structures, sewage treatment systems, and driveways under validly issued
construction permits for these facilities do not require the issuance of a
separate grading and fIlling permit. However, the grading and filling
standards in this Section must be incorporated into the issuance of permits
for construction of structures, sewage treatment systems, and driveways.
B. Public roads and parking areas are regulated by Section 5.4 of this
ordinance.
C. Notwithstanding Items A. and B. above, a grading and filling permit will
be required for:
(1) the movement of more than ten (10) cubic yards of material on steep
slopes or within shore or bluff impact zones; and
(2) the movement of more than 50 cubic yards of material outside of
steep slopes and shore and bluff impact zones.
D. The following considerations and conditions must be adhered to during the
issuance of construction permits, grading and filling permits, conditional
use permits, variances and subdivision approvals:
(1) Grading or filling in any type 2,3,4,5,6,7, or 8 wetland must be
evaluated to determine bow extensively the proposed activity would
affect the following functional quajities of the wetland*:
(a) sediment and pollutant trapping and retention;
(b) storage of surface runoff to prevent or reduce flood damage;
(c) fish and wildlife habitat;
(d) recreational use;
(e) shoreline or bank stabilization; and
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(f) noteworthiness, including special qualities such as historic
signficance, critical habitat for endangered plants and
animals, or others.
*This evaluation must also include a determination of whether the
wetland alteration being proposed requires permits; reviews, or
approvals by other local, state, or federal agencies such as a
watershed district, the Minnesota Department of Natural Resources,
or the United States Army Corps of Engineers. The applicant will
be so advised.
(2) Alterations must be designed and conducted in a manner that ensures
only the smallest amount of bare ground is exposed for the shortest
time possible;
(3) Mulches or similar materials must be used, where necessary, for
temporary bare soil coverage, and a permanent vegetation cover
must be established as soon as possible;
(4) Methods to minimize soil erosion and to trap sediments before they
reach any surface water feature must be used;
(5) Altered areas must be stabilized to acceptable erosion control
standards consistent with the field office technical guides of the
local soil and water conservation districts and the United States Soil
Conservation Service;
(6) Fill or excavated material must not be placed in a manner that
creates an unstable slope;
(7) Plans to place fill or excavated material on steep slopes must be
reviewed by qualified professionals for continued slope stability and
must not create finished slopes of 30 percent or greater;
(8) Fill or excavated material must not be placed in bluff impact zones;
,
(9) Any alterations below the ordinary high water level of public waters
must first be authorized by the commissioner under Minnesota
Statutes, 103G.245;
(10) Alterations of topography must only be allowed if they are accessory
to permitted or conditional uses and do not adversely affect adjacent
or nearby properties; and
(11) Placement of natural rock riprap, including associated grading of the
shoreline and placement of a filter blanket, is permitted if the
finished slope does not exceed three feet horizontal to one foot
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DRAFT
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vertical, the landward extent of the riprap is within ten feet of the
ordinary high water level, and the height of the riprap above the
ordinary high water level does not exceed three feet.
E. Connections to public waters. Excavations where the intended purpose is
connection to public water, such as boat slips, canals, lagoons; and harbors,
must be controlled by local shoreland controls. Pennission for excavations
may be given only after the commissioner has approved the proposed
connection to public waters.
5.4 Placement and Design of Roads, Driveways, and Parking Areas.
5.41 Public and private roads and parking areas must be designed to take advantage of
natural vegetation and topography to achieve maximum screening from view from
public waters. Documentation must be provided by a qualified individual that all
roads and parking areas are designed and constructed to minimize and control
erosion to public waters consistent with the field office technical guides of the local
soil and water conservation district, or other applicable technical materials.
5.42 Roads, driveways, and parking areas must meet structure setbacks and must not be
placed within bluff and shore impact zones, when other reasonable and feasible
placement alternatives exist. If no alternatives exist, they may be placed within
these areas, and must be designed to minimize adverse impacts.
5.43 Public and private watercraft access ramps, approach roads, and access-related
parking areas may be placed within shore impact zones provided the vegetative
screening and erosion control conditions of this subpart are met. For private
facilities, the grading and filling provisions of Section 5.32 of this ordinance must
be met.
5.5 Stormwater Management.
The following general and specific standards shall apply:
5.51 General Standards:
A. When possible, existing natural drainageways, wetlands, and vegetated soil
surfaces must be used to convey, store, filter, and retain stonnwater runoff
before discharge to public waters.
B. Development must 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. Disturbed areas must be stabilized and
protected as soon as possible and facilities or methods used to retain
sediment on the site.
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DRAFT
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C. When development density, topographic fearnres, and soil and vegetation
conditions are not sufficient to adequately handle stormwater runoff using
narnral features and vegetation, various types of constructed facilities such
as diversions, settling basins, skimming devices, dikes, waterways, and
ponds may be used. Preference must be given to designs using surface
drainage, vegetation, and infrltration rather than buried pipes and man-made
materials and facilities.
5.52 Specifrc Standards:
A. Impervious surface coverage of lots must not exceed 25 percent of the lot
area.
B. When constructed facilities are used for stormwater management,
documentation must be provided by a qualifred individual that they are
designed and installed consistent with the field office technical guide of the
local soil and water conservation districts.
C. New constructed stormwater outfalls to public waters must provide for
frltering or settling of suspended solids and skimming of surface debris
before discharge.
5.6 Special Provisions for Commercial, Industrial, Public/Semipublic, Agricultural,
Forestry and Extractive Uses and Mining of Metallic'Minerals and Peat.
5.61 Standards for Commercial, Industrial, Public, and Semipublic Uses.
A. Surface water-oriented commercial uses and industrial, public, or
semipublic uses with similar needs to have access to and use of public
waters may be located on parcels or lots with frontage on public waters.
Those uses with water-oriented needs must meet the following standards:
(1) in addition to meeting impervious coverage limits, setbacks, and
other zoning standards in this ordinance, the uses must be designed
to incorporate topographic and vegetative screening of parking areas
and structures;
(2) uses that require short-term watercraft mooring for patrons must
centralize these facilities and design them to avoid obstructions of
navigation and to be the minimum size necessary to meet the need;
and
(3) uses that depend on patrons arriving by watercraft may use signs and
lighting to convey needed information to the public, subject to the
following general standards:
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DRAFT
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(a) no advertising signs or supporting facilities for signs may be
placed in or upon public waters. Signs conveying
information or safety messages may be placed in or on
public waters by a public authority or under a permit issued
by the county sheriff;
(b) signs may be placed, when necessary, within the shore
impact zone if they are designed and sized to be the
minimum necessary to convey needed information. They
must only convey the location and name of the establishment
and the general types of goods or services available. The
signs must not contain other detailed information such as
product brands and prices, must not be located higher than
ten feet above the ground, and must not exceed 32 square
feet in size. If illuminated by artificial lights, the lights must
be shielded or directed to prevent illumination out across
public waters; and
(c) other outside lighting may be located within the shore impact
zone or over public waters if it is used primarily to
illuminate potential safety hazards and is shielded or
otherwise directed to prevent direct illumination out across
public waters. This does not preclude use of navigational
lights.
B. Uses without water-oriented needs must be located on lots or parcels
without public waters frontage, or, if located on lots or parcels with public
waters frontage, must either be set back double the normal ordinary high
water level setback or be substantially screened from view from the water
by vegetation or topography, assuming summer, leaf-on conditions.
5.62 Agriculture Use Standards.
A. General cultivation farming, grazing, nurseries, horticulture, truck farming,
sod farming, and wild crop harvesting are permitted uses if steep slopes and
shore and bluff impact zones are maintained in permanent vegetation or
operated under an approved conservation plan (Resource Management
Systems) consistent with the field office technical guides of the local soil
and water conservation districts or the United States Soil Conservation
Service, as provided by a qualified individual or agency. The shore impact
zone for parcels with permitted agricultural land uses is equal to a line
parallel to and 50 feet from the ordinary high water level.
B. Animal feedlots must meet the following standards:
(I) new feedlots must not be located in the shoreland of watercourses
or in bluff impact zones and must meet a minimum setback of 300
SMO-260.081
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~
DRAFT
Revised July 23, 1998
feet from the ordinary high water level of all public waters basins;
and
(2) modifications or expansions to existing feedlots that are located
within 300 feet of the ordinary high water level or within a bluff
impact zone are allowed if they do not further encroach into the
existing ordinary high water level setback or encroach on bluff
impact zones.
5.63 Forest Management Standards. The harvesting of timber and associated
reforestation must be conducted consistent with the provisions of the Minnesota
Nonpoint Source Pollution Assessment-Forestry and the provisions of Water
Quality in Forest Management "Best Management Practices in Minnesota. "
5.64 Extractive Use Standards.
A. Site Development and Restoration Plan. An extractive use site development
and restoration plan must be developed, approved, and followed over the
course of operation of the site. The plan must address dust, noise, possible
pollutant discharges, hours and duration of operation, and anticipated
vegetation and topographic alterations. It must also identify actions to be
taken during operation to mitigate adverse environmental impacts,
particularly erosion, and must clearly. explain how the site will be
rehabilitated after extractive activities end.
B. Setbacks for Processing Machinery. Processing machinery must be located
consistent with setback standards for structures from ordinary high water
levels of public waters and from bluffs.
5.65 Mining of Metallic Minerals and Peat. Mining of metallic minerals and peat, as
defmed in Minnesota Statutes, sections 93.44 to 93.51, shall be a permitted use
provided the provisions of Minnesota Statutes, sections 93.44 to 93.51, are
satisfied.
5.7 Conditional Uses
Conditional uses allowable within shoreland areas shall be subject to the review and
approval procedures, and criteria and conditions for review of conditional uses established
community-wide. The following additional evaluation criteria and conditions apply within
shoreland areas:
5.71 Evaluation criteria. A thorough evaluation of the waterbody and the topographic,
vegetation, and soils conditions on the site must be made to ensure:
(1) the prevention of soil erosion or other possible pollution of public waters,
both during and after construction;
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DRAFT
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(2) the visibility of structures and other facilities as viewed from public waters
is limited;
(3) the site is adequate for water supply and on-site sewage treatment; and
(4) the types, uses, and numbers of watercraft that the project will generate are
compatible in relation to the suitability of public waters to safely
accommodate these watercraft.
5.72 Conditions attached to conditional use permits. The City of CenterviIle, upon
consideration of the criteria listed above and the purposes of this ordinance, shall
attach such conditions to the issuance of the conditional use permits as it deems
necessary to fulfill the purposes of this ordinance. Such conditions may include,
but are not limited to, the following:
(1) increased setbacks from the ordinary high water level;
(2) limitations on the natural vegetation to be removed or the requirement that
additional vegetation be planted; and
(3) Special provisions for the location, design, and use of structures, sewage
treatment systems, watercraft launching and docking areas, and vehicle
parking areas.
5.8 Water Supply and Sewage Treatment
5.81 Water Supply. Any public or private supply of water for domestic purposes must
meet or exceed standards for water quality of the Minnesota Department of Health
and the Minnesota Pollution Control Agency.
5.82 Sewage treatment. Any premises used for human occupancy must be provided with
an adequate method of sewage treatment, as follows:
A. No new individual sewage treatment systems will be allowed.
B. All private sewage treatment systems must meet or exceed the Minnesota
Pollution Control Agency's standards for individual sewage treatment
systems contained in the document titled, "Individual Sewage Treatment
Systems Standards, Chapter 7080", a copy of which is hereby adopted by
reference and declared to be a part of this ordinance.
C. On-site sewage treatment systems must be set back from the ordinary high
water level in accordance with the setbacks contained in Section 5.21 of this
ordinance.
D. All proposed sites for individual sewage treatment systems shall be
evaluated in accordance with the criteria in subitems (1)-(4). If the
SMO.260.08l
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L
DRAFf
Revised July 23, 1998
detennination of a site's suitability cannot be made with publicly available,
existing information, it shall then be the responsibility of the applicant to
provide sufficient soil borings and percolation tests from on-site field
investigations.
Evaluation criteria:
(1) depth to the highest known or calculated ground water table or
bedrock;
(2) soil conditions, properties, and permeability;
(3) slope;
(4) the existence of lowlands, local surface depressions, and rock
outcrops;
E. Nonconforming sewage treatment systems shall be regulated and upgraded
in accordance with section 6.13 of this ordinance.
SECTION 6.0 - NONCONFORMITIES
All legally established nonconformities as of the date of this ordinance may continue, but they will
be managed according to applicable state statutes and other regulations of this community for the
subjects of alterations and additions, repair after damage, discontinuance of use, and intenSification
of use; except that the following standards will also apply in shoreland areas:
6.1 Construction on nonconforming lots of record.
A. Lots of record in the office of the county recorder on the date of enactment of local
shoreland controls that do not meet the requirements of Section 5.1 of this
ordinance may be allowed as building sites without variances from lot size
requirements provided the use is permitted in the zoning district, the lot has been
in separate ownership from abutting lands at all times since it became substandard,
was created compliant with official controls in effect at the time, and sewage
treatment and setback requirements of this ordinance are met.
B.
1
SMO-260.081
A variance from setback requirements must be obtained before any use, sewage
treatment system, or building pennit is issued for a lot. In evaluating the variance,
the board of adjustment shall consider sewage treatment and water supply
capabilities or constraints of the lot and shall deny the variance if adequate facilities
cannot be provided.
If, in a group of two or more contiguous lots under the same ownership, any
individual lot does not meet the requirements of Section 5.1 of this ordinance the
lot must not be considered as a separate parcel of land for the purposes of sale or
development. The lot must be combined with the one or more contiguous lots so
they equal one or more parcels of land, each meeting the requirements of Section
5.1 of this ordinance as much as possible.
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6.2 Additions/expansions to nonconforming structures.
A. All additions or expansions to the outside dimensions of an existing nonconforming
structure must meet the setback, height, and other requirements of Section 5.0 of
this ordinance. Any deviation from these requirements must be authorized by a
variance pursuant to Section 3.3.
B. Deck additions may be allowed without a variance to a structure not meeting the
required setback from the ordinary high water level if all of the following criteria
and standards are met:
(1) the structure existed on the date the structure setbacks were established;
(2) a thorough evaluation of the property and structure reveals no reasonable
location for a deck meeting or exceeding the existing ordinary high water
level setback of the structure;
(3) the deck encroachment toward the ordinary high water level does not exceed
15 percent of the existing setback of the structure from the ordinary high
water level or does not encroach closer than 30 feet, whichever is more
restrictive; and
(4) the deck is constructed primarily of wood, and is not roofed or screened.
6.3 Nonconforming sewage treatment systems.
A. A sewage treatment system not meeting the requirements of Section 5.8 of this
ordinance must be upgraded, at a minimum, at any time a permit or variance of any
type is required for any improvement on, or use of, the property. For the purposes
of this provision, a sewage treatment system shall not be considered nonconforming
if the only deficiency is the sewage treatment system's improper setback from the
ordinary high water level. .
B. The governing body of the City of Centerville has by formal resolution notified the
conunissioner of its program to identify nonconfomling sewage treatment systems.
The City of Centerville will require upgrading or replacement of any
nonconforming system identified by this program within a reasonable period of
time which will not exceed 2-years. Sewage systems installed according to all
applicable local shoreland management standards adopted under Minnesota
Statutes, section 105.485 [now I03F.201-.221] in effect at the time of installation
may be considered as conforming unless they are determined to be failing, except
that systems using cesspools, leaching pits, seepage pits, or other deep disposal
methods, or systems with less soil treatment area separation above groundwater
than required by the Minnesota Pollution Control Agency's Chapter 7080 for
design of on-site sewage treatment systems, shall be considered nonconforming.
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, SECTION 7.0 - SUBDIVISIONIPLATTING PROVISIONS
7.11 Land suitability. Each lot created through subdivision, including planned unit
developments authorized under Section 8.0 of this ordinance, must be suitable in
its natural state for the proposed use with minimal alteration. Suitability analysis
by the local unit of government shall consider susceptibility to flooding, existence
of wetlands, soil and rock formations with severe limitations for development,
severe erosion potential, steep topography, inadequate water supply or sewage
treatment capabilities, near-shore aquatic conditions unsuitable for water-based
recreation, important fish and wildlife habitat, presence of significant historic sites,
or any other feature of the natural land likely to be harmful to the health, safety,
or welfare of future residents of the proposed subdivision or of the community.
7.12 Consistency with other controls. Subdivisions must conform to all official controls
of this community. A subdivision will not be approved where a later variance from
one or more standards in official controls would be needed to use the lots for their
intended purpose. In areas not served by publicly owned sewer and water systems,
a subdivision will not be approved unless domestic water supply is available and
a sewage treatment system consistent with Sections 5.2 and 5.8 can be provided for
every lot. Each lot shall meet the minimum lot size and dimensional requirements
of Section 5.1, including at least a minimum contiguous lawn area, that is free of
limiting factors sufficient for the construction of two standard soil treatment
systems. Lots that would require use of holding tanks must not be approved.
7.13 Information requirements. Sufficient information must be submitted by the
applicant for the community to make a determination of land suitability. The
information shall include at least the following:
(1) topographic contours at ten-foot intervals or less from United States
Geological Survey maps or more accurate sources, showing limiting site
characteristics;
(2) the surface water features required in Minnesota Statutes, section 505.02,.
subdivision I, to be shown on plats, obtained from United States Geological
Survey quadrangle topographic maps or more accurate sources;
(3). adequate soils information to determine suitability for building and on-site
sewage treatment capabilities for every lot from the most current existing
sources or from field investigations such as soil borings, percolation tests,
or other methods;
(4) information regarding adequacy of domestic water supply; extent of
anticipated vegetation and topographic alterations; near-shore aquatic
conditions, including depths, types of bottom sediments, and aquatic
vegetation; and proposed methods for controlling stormwater runoff and
erosion, both during and after construction activities;
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(5) location of 100-year flood plain areas and floodway districts from existing
adopted maps or data; and
(6) a line or contour representing the ordinary high water level, the "toe" and
the "top" of bluffs, and the minimum building setback distances from the
top of the bluff and the lake or stream.
7.14 Dedications. When a land or easement dedication is a condition of subdivision
approval, the approval must provide easements over natural drainage or ponding
areas for management of stormwater and significant wetlands.
7.15 Platting. All subdivisions that create five or more lots or parcels that are 2-1/2
acres or less in size shall be processed as a plat in accordance with Minnesota
Statutes, Chapter 505. No pennit for construction of buildings or sewage treatment
systems shall be issued for lots created after these official controls were enacted
unless the lot was approved as part of a formal subdivision.
7.16 Controlled Access or Recreational Lots. Lots intended as controlled accesses to
public waters or for recreational use areas for use by nonriparian lots within a
subdivision must meet or exceed the sizing criteria in Section 5.14 of this
ordinance.
SECTION 8.0 - PLANNED UNIT DEVELOPMENTS (PUD's)
8.1 Types of PUD's Permissible
Planned unit developments (PUD's) are allowed for new projects on undeveloped land,
redevelopment of previously built sites, or conversions of existing buildings and land. The
land use districts in which they are an allowable use are identified in the land use district
descriptions in Section 4.2 of this ordinance and the official zoning map.
8.2 Processing of PUD's.
Planned unit developments must be processed as a conditional use, except that an
expansion to an existing commercial PUD involving 6 or less new dwelling units or sites
since the date this ordinance was adopted is pennissible'as a permitted use provided the
total project density does not exceed the allowable densities calculated in the project
density evaluation procedures in Section 8.5. Approval cannot occur until the
environmental review process (EAW/EIS) is complete.
8.3 Application for a PUD
The applicant for a PUD must submit the following documents prior to fmal action being
taken on the application request:
8.31 A site plan and/or plat for the project showing locations of property boundaries,
surface water features, existing and proposed structures and other facilities, land
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alterations, sewage treatment and water supply systems (where public systems will
not be provided), and topographic contours at ten-foot intervals or less. When a
PUD is a combined commercial and residential development, the site plan and/or
plat must indicate and distinguish which buildings and portions of the project are
residential, commercial, or a combination of the two.
8.32 A property owners association agreement (for residential PUD's) with mandatory
membership, and all in accordance with the requirements of Section 8.6 of this
ordinance.
8.33 Deed restrictions, covenants, permanent easements or other instruments that: 1)
properly address future vegetative and topographic alterations, construction of
additional buildings, beaching of watercraft, and construction of commercial
buildings in residential PUD's; and 2) ensure the long-term preservation and
maintenance of open space in accordance with the criteria and analysis specified in
Section 8.6 of this ordinance.
8.34 When necessary, a master plan/drawing describing the project and the floor plan
for all commercial structures to be occupied.
8.35 Those additional documents as requested by the City of CenterviIle Building
Inspector that are necessary to explain how the PUD will be designed and will
function.
8.4 Site "Suitable Area" Evaluation
Proposed new or expansions to existing planned unit developments must be evaluated using
the following procedures and standards to determine the suitable area for the dwelling
unit/dwelling site density evaluation in Section 8.5.
8.41 The project parcel must be divided into tiers by locating one or more lines
approximately parallel to a line that identifies the ordinary high water level at the
following intervals, proceeding landward:
Shoreland Tier Dimensions
,
Unsewered
(feet)
Sewered
(feet)
General development lakes - first tier
General development lakes-
second and additional tiers
Recreational development lakes
Natural environment lakes
Ail river classes
200
200
267
267
400
300
200
267
320
300
8.42 The suitable area within each tier is next calculated by excluding from the tier area
all wetlands, bluffs, or land below the ordinary high water level of public waters.
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This suitable area and the proposed project are then subjected to either the
residential or commercial planned unit development density evaluation steps to
arrive at an allowable number of dwelling units or sites.
8.5 Residential and Commercial PUD Density Evaluation
The procedures for determining the "base" density of a PUD and density increase
multipliers are as follows. Allowable densities may be transferred from any tier to any
other tier further from the waterbody, but must not be transferred to any other tier closer.
8.51 Residential PUD "Base" Density Evaluation:
A. The suitable area within each tier is divided by the single residential lot size
standard for lakes or, for rivers, the single residential lot width standard
times the tier depth, unless the local unit of government has specified an
alternative minimum lot size for rivers which shall then be used to yield a
base density of dwelling units or sites for each tier. Proposed locations and
numbers of dwelling units or sites for the residential planned unit
developments are then compared with the tier, density, and suitability
analyses herein and the design criteria in Section 8.6
8.52 Commercial PUD "Base" Density Evaluation:
A. Determine the average inside living area size of dwelling units or sites
within each tier, including both existing and proposed units and sites.
Computation of inside living area sizes need not include decks, patios,
stoops, steps, garages, or porches and basements, unless they are habitable
space.
B. Select the appropriate floor area ratio from the following table:
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Commercial Planned Unit Development
Floor Area Ratios*
Public waters classes
* Average
unit floor
area (sq.
f!.l
Sewered general
development
lakes; fIrst
tier on
unsewered
general
development
lakes; urban,
agricultural,
tributary
river
se!!Illents
200
300
400
500
600
700
800
900
1,000
1,100
1,200
1,300
1,400
1,500
.040
.048
.056
.065
.072
.082
.091
.099
.108
.116
.125
.133
.142
.150
Second and
additional tiers
on unsewered
general
development
lakes;
recreational
development
lakes;
transition and
forested river
se!!Illents
Natural
environment
lakes and
remote river
se!!Illents
.020
.024
.028
.032
.038
.042
.046
.050
.054
.058
.064
.068
.072
.075
.010
.012
.014
.016
.019
.021
.023
.025
.027
.029
.032
.034
.036
.038
*For average unit floor areas less than shown, use the floor area ratios listed for 200
square feet. For areas greater than shown, use the ratios listed for 1,500 square feet. For
recreational camping areas, use the ratios listed at 400 square feet. Manufactured home
sites in recreational camping areas shaII use a ratio equal, to the size of the manufactured
home, or if unknown, the ratio listed for 1,000 square feet.
C. Multiply the suitable area within each tier by the floor area ratio to yield
total floor area for each tier aIIowed to be used for dweIIing units or sites.
D. Divide the total floor area by tier computed in Item C. above by the average
inside living area size determined in Item A. above. This yields a base
number of dweIIing units and sites for each tier.
E. Proposed locations and numbers of dweIIing units or sites for the
commercial planned unit development are then compared with the tier,
SMO-26O.081
-36-
260-081-10
DRAFT
Revised July 23, 1998
density and suitability analyses herein and the design criteria in Section 8.6.
8.53 Density Increase Multipliers:
A. Increases to the dwelling unit or dwelling site base densities previously
detennined are allowable if the dimensional standards in Section 5.0 are
met or exceeded and the design criteria in Section 8.6 are satisfied. The
allowable density increases in Item B. below will only be allowed if
structure setbacks from the ordinary high water level are increased to at
least 50 percent greater than the minimum setback, or the impact on the
waterbody is reduced an equivalent amount through vegetative
management, topography, or additional means acceptable to the local unit
of government and the setback is at least 25 percent greater than the
minimum setback.
B. Allowable Dwelling Unit or Dwelling Site Density Increases for Residential
or Commercial Planned Unit Developments:
Density evaluation tiers
Maximum density increase
within each tier (percent)
First
Second
Third
Fourth
Fifth
50
100
200
200
200
8.6 Maintenance and Design Criteria
8.61 Maintenance and Administration Requirements.
A. Before fmal approval of a planned unit development, adequate provisions
must be developed for preservation and maintenance in perpetuity of open
spaces and for the continued existence and functioning of the development.
B. Open space preservation. Deed restrictions, covenants, permanent
easements, public dedication and acceptance, or other equally effective and
permanent means must be provided to ensure long-term preservation and
maintenance of open space. The instruments must include all of the
following protections:
(1) commercial uses prohibited (for residential PUD's);
(2) vegetation and topographic alterations other than routine
maintenance prohibited;
SMO-260.0S1
-37-
260-QSl-IO
DRAFT
Revised July 23, 1998
(3) construction of additional buildings or storage of vehicles and other
materials prohibited; and
(4) uncontrolled beaching of watercraft prohibited.
C. Development organization and functioning. Unless an equally effective
alternative community framework is established, when applicable, all
residential planned unit developments must use an owners association with
the following features:
(1) membership must be mandatory for each dwelling unit or site
purchaser and any successive purchasers;
(2) each member must pay a pro rata share of the association's
expenses, and unpaid assessments can become liens on units or
sites;
(3) assessments must be adjustable to accommodate changing
conditions; and
(4) the association must be responsible for insurance, taxes, and
maintenance of all commonly owned property and facilities.
8.62 Open Space Requirements. Planned unit developments must contain open space
meeting all of the following criteria:
A. At least 50 percent of the total project area must be preserved as open
space;
B. Dwelling units or sites, road rights-of-way, or land covered by road
surfaces, parking areas, or structures, except water-oriented accessory
structures or facilities, are developed areas and shall not be included in the
computation of minimum open space;
C. Open space must include areas with physical characteristics unsuitable for
development in their natural state, and areas containing significant historic
sites or unplatted cemeteries;
D. Open space may include outdoor recreational facilities for use by owners
of dwelling units or sites, by guests staying in commercial dwelling units
or sites, and by the general public;
E. Open space may include subsurface sewage treatment systems if the use of
the space is restricted to avoid adverse impacts on the systems;
F. Open space must not include commercial facilities or uses, but may contain
water-oriented accessory structures or facilities;
SMO-26O.081
-38-
260-081-10
DRAFr
Revised July 23, 1998
G. The appearance of open space areas, including topography, vegetation, and
allowable uses, must be preserved by use of restrictive deed covenants,
permanent easements, public dedication and acceptance, or other equally
effective and permanent means; and
H. The shore impact zone, based on normal structure setbacks, must be
included as open space. For residential PUD's, at least 50 percent of the
shore impact zone area of existing developments or at least 70 percent of
the shore impact zone area of new developments must be preserved in its
natural or existing state. For commercial PUD's, at least 50 percent of the
shore impact zone must be preserved in its natural state.
8.63 Erosion Control and Stormwater Management. Erosion control and stormwater
management plans must be developed and the PUD must:
A. Be designed, and the construction managed, to minimize the likelihood of
serious erosion occurring either during or after construction. This must be
accomplished by limiting the amount and length of time of bare ground
exposure. Temporary ground covers, sediment entrapment facilities,
vegetated buffer strips, or other appropriate techniques must be used to
minimize erosion impacts on surface water features. Erosion control plans
approved by a soil and water conservation district may be required if
project size and site physical characteristics warrant; and
B. Be designed and constructed to effectively manage reasonably expected
quantities and qualities of stormwater runoff. Impervious surface coverage
within any tier must not exceed 25 percent of the tier area, except that for
commercial PUD's 35 percent impervious surface coverage may be allowed
in the first tier of general development lakes with an approved storrnwater
management plan and consistency with Section 5.3.
8.64 Centralization and Design of Facilities. Centralization and design of facilities and
structures must be done according to the following standards:
A. Planned unit developments must be connected to publicly owned water
supply and sewer systems, if available. On-site water supply and sewage
treatment systems must be centralized and designed and installed to meet or
exceed applicable standards or rules of the Minnesota Department of Health
and Sections 5.2 and 5.8 of this ordinance. On-site sewage treatment
systems must be located on the most suitable areas of the development, and
sufficient lawn area free of limiting factors must be provided for a
replacement soil treatment system for each sewage system;
B. Dwelling units or sites must be clustered into one or more groups and
located on suitable areas of the development. They must be designed and
located to meet or exceed the following dimensional standards for the
SMO-260,081
-39-
260-081-10
L--n__
DRAFT
Revised July 23, 1998
relevant shoreland classification: setback from the ordinary high water
level, elevation above the surface water features, and maximum height.
Setbacks from the ordinary high water level must be increased in
accordance with Section 8.53 of this ordinance for developments with
density increases;
C. Shore recreation facilities, including but not limited to swimming areas,
docks, and watercraft mooring areas and launching ramps, must be
centralized and located in areas suitable for them. Evaluation of suitability
must include consideration of land slope, water depth, vegetation, soils,
depth to groundwater and bedrock, or other relevant factors. The number
of spaces provided for continuous beaching, mooring, or docking of
watercraft must not exceed one for each allowable dwelling unit or site in
the first tier (notwithstanding existing mooring sites in an existing
commercially used harbor). Launching ramp facilities, including a small
dock for loading and unloading equipment, may be provided for use by
occupants of dwelling units or sites located in other tiers;
D. Structures, parking areas, and other facilities must be treated to reduce
visibility as viewed from public waters and adjacent shorelands by
vegetation, topography, increased setbacks, color, or other means
acceptable to the local unit of government, assuming summer,. leaf-on
conditions. Vegetative and topographic screening must be preserved, if
existing, or may be required to be provided;
E. Accessory structures and facilities, except water oriented accessory
structures, must meet the required principal structure setback and must be
centralized; and
F. Water-oriented accessory structures and facilities may be allowed if they
meet or exceed design standards contained in Section 5.2 of this ordinance
and are centralized.
8.7 Conversions
Local governments may allow existing resorts or other' land uses and facilities to be'
converted to residential planned unit developments if all of the following standards are
met:
8.71 Proposed conversions must be initially evaluated using the same procedures for
residential planned unit developments involving all new construction.
Inconsistencies between existing features of the development and these standards
must be identified.
8.72 Deficiencies involving water supply and sewage treatment, structure color,
impervious coverage, open space, and shore recreation facilities must be corrected
as part of the conversion or as specified in the conditional use permit.
L_
SMO-26O.081
-40-
260-081-10
DRAFT
Revised July 23, 1998
<
8.73 Shore and bluff impact zone deficiencies must be evaluated and reasonable
improvements made as part of the conversion. These improvements must include,
where applicable, the following:
A. Removal of extraneous buildings, docks, or other facilities that no longer
need to be located in shore or bluff impact zones;
B. Remedial measures to correct erosion sites and improve vegetative cover
and screening of buildings and other facilities as viewed from the water;
and
c. If existing dwelling units are located in shore or bluff impact zones,
conditions are attached to approvals of conversions that preclude exterior
expansions in any dimension or substantial alterations. The conditions must
also provide for future relocation of dwelling units, where feasible, to other
locations, meeting all setback and elevation requirements when they are
rebuilt or replaced.
8.74 Existing dwelling unit or dwelling site densities that exceed standards in Section 8.5
may be allowed to continue but must not be allowed to be increased, either at the
time of conversion or in the future. Efforts must be made during the conversion
to limit impacts of high densities by requiring seasonal use, improving vegetative
screening, centralizing shore recreation facilities, installing new sewage treatment
systems, or other means.
SMO-260.08\
-41-
26().{)81-1O
DRAFT
Revised July 23, 1998
(. . r
APPENDIX A
ORDINANCE CERTIFICATION CHECKLIST
[CITY/COUNTY NAME]
Once all the below listed tasks are completed, please sign and return the checklist and all required
documents to the appropriate DNR area hydrologist.
Date of published hearing notice.
1.
Date of postmark of hearing notice to commISSIOner of the
Department of Natural Resources/area hydrologist.
2.
Date of hearing(s).
3.
Date of ordinance adoption.
4.
If ordinance is published in entirety, date and affidavit of newspaper
publication of adopted ordinance (Include three copies of
ordinance) .
5.
6.
If only ordinance summary published, date and affidavit of
newspaper publication of ordinance title and summary along with
certified copy of adopted ordinance in its entirety from
clerk/auditor. (Include three copies of ordinance)
(
Date of official filing of adopted ordinance with county recorder
record book number
page number).
7.
8. Yes
No
Board of adjustment and appeals has been established?
*Note: Cities under charter must also submit a list of any additional requirements for hearings,
notices, etc. stated ill their charter. Please specify:
Signature of Clerk/Auditor
l _
SI.I0-260.081
260-081-10
tervi{{e
'Esta6{isfied 1857
STAFF REpORT
DATE:
November 10, 2004
TO:
FROM:
RE:
.........................................................................
The City Attorney advised Staff at the 10/27/04 Council meeting that the League of
Minnesota Cities has a site that breaks down further the costs associated with in-house
legal and engineering costs. Attached are copies that Staff was able to pull up and copy
from the LMC site. The list shows cities that have in-house legal and engineering staff,
the population of the city and their respective salaries broken down to various increments,
i.e. hourly, annual and hours work per week.
Please keep in mind when reviewing this information that many of these cities are not in
the metro area, where these services are more expensive but more competitive. Also, in
two cases, being a city attorney for a particular community is not their only job.
Page 10f2
Survey Job Title: City Attorney (Top Level) JOB NO. 130
Interprets and clarifies pending or enacted laws and ordinances and advises government officials 01 their legal implications.
Investigates and processes city criminal cases and ordinance violations. Performs legal research and prepares orlinances,
resolutions, and contracts.
GUIDES FOR MATCHING: 1) Top full-time legal position in city government 2) Member 01 the Minnesota Bar Association
plus considerable experience as a practicing attorney.
Class of Hours Range Data Excludin
City City's No. Of Ucense Hourly Annual Worked Per
Pop. City Name Job TItle Employees Held Rate Rate Week -Minimum -Maxim
33362 Mankato City 1 $42.24 $87,859 40 $35.48 $4
Attorney
(Top
Level)
18079 Albert Lea City 1 $36.90 $76,756 40 $0.00 $
Attorney
(Top
Level)
13403 Hutchinson City 1 $34.78 $72,342 40 $62,917 $B6
Attorney
(Top
Level)
12408 Bemidji City 1 $31.47 $65,448 40 $49,740 $65
Attorney
(Top
Level)
12208 North City 1 $0.00 $60,300 0 $0.00 $
Mankato Attorney
(Top
Level)
Comments: Retainer
10816 Fairmont City 1 $31.02 $64,522 40 $24.82 $3
Attorney
(Top
Level)
7569 E Grand City 1 $32.19 $66,948 40 $0.00 $
Forks Attorney
(Top
Level)
6554 International City 1 $24.40 $50,744 40 $0.00 $
Falls Attorney
(Top
Level)
4872 Chisholm City 1 $0.00 $39,230 0 $0.00 $
Attorney
(Top
Level)
Comments: Has his own law firm but works as City Attorney for $39230.00 + benefits (Htth, Dental, Life)
3539 Breckenridge City 1 $0.00 $31,428 0 $28,123 $31
Attorney
(Top
Level)
Comments: City Attorney also serves as County Attorney.
3504 Sleepy Eye City 1 $0.00 $40,000 0 $0.00 $
Attorney
(Top
Level)
2634 Wabasha City 1 $0.00 $27,600 0 $0.00 $
Attorney
(Top
Level)
Average Average
http://www.lmnc.orglhrsslJob_Number.asp?Pop=OVER
111312004
Page 1 of 1
Survey Job Title: City Engineer JOB NO. 32
Experienced level civil engineer work of moderate to complex difficulty. Performs more complex work in the design,
construction, or maintenance of engineering projects. Provides overall supervision of entire Engineering staff and contract
construction work
GUIDES FOR MATCHING: 1) Must be a Registered Civil Engineer.
Class of Hours Range Data E
City City's No. Of License Hourly Annual Worked Per
Pop. City Name Job Trtle Employees Held Rate Rate Week -Minimum -
33362 Mankato Director of 1 $42.24 $87,859 40 $35.46
Engineering
26902 IMnona City Engineer 1 $29.29 $60,923 40 $0.00
21476 Faribaun Director of 1 $0.00 $0 40 $71,048
Engineering
Comments: # of steps performance based.
16269 Red IMng City Engineer 1 $28.41 $59,100 40 $47,439
Comments: # of years maximum varies.
13703 Fergus City Engineer 1 $38.48 $80,038 40 $25.97
Falls
13646 Brainerd City Engineer 1 $35.94 $74,755 40 $30.55
13543 New Ulm City Engineer 1 $0.00 $0 40 $0.00
13403 Hutchinson Director of 1 $39.70 $82,560 40 $62,917
EngineeringlPublic
Works
12408 Bemidp City Engineer 1 $40.00 $62,400 30 $0.00
11197 St Michael City Engineer $0.00 $78,478 0 $67,912
9717 Waseca Director of 1 $34.50 $71,750 40 $58,972
Engineering
7829 Grand City Engineer 1 $32.19 $66,950 40 $51,600
Rapids
5399 Redwood City Engineer 1 $36.60 $76,128 40 $58,704
Falls
Average Average
$35.73 $72,815
http://www.lmnc.orglhrss/Job_Number.asp?Pop=QVER
11/3/2004
A '" '1"'DT(r1,;. 1\.T I v...,.. L
.:..~lV.lLA,-1 ~.i11 ~ ..L..Juui-1.. '
~ '...~ :#' :
~l ._
Publishing Corporation
}.800-445.5588
November 2, 2004
Theresa Bender
City Clerk
1880 Main Street
Centerville, MN 55038
Dear Theresa:
As you know, we completed a draft code of ordinances for Centerville in August of 1998. Usually,
a 60-day review period is given to the municipality to make changes and/or revisions to the code, This
project has been ongoing for six years.
I have been contacting you since June of this year to attempt a resolution. but fear there is no
resolution to be had in the near future. (You were given three options: to start anew, to complete the
draft or abandon the project.) After discussing the issue with Duke Addicks, at the League of Minnesota
Cities. American Legal Publishing has now decided that we must close out this account before the year's
end,
We can no longer continue to put hours and manpower toward this project. If, at a future time,
you wish to codify your ordinances and feel the timelines of the contract are doable, you may contact us
and we will reevaluate your material and provide you with an estimate of cost.
I will close out the account on Friday, November 12, After that date, I will no longer contact you
and the initial contract between the City of Centerville and American Legal Publishing will be considered
void. We will forego the 20% of the remaining contract amount ($1 ,060) we initially requested for project
abandonment.
If you would like to contact me, you may do so at 1-800-445-5588 or via e-mail at
amercer@amlegal.com,
Best Regards,
~,~
Aimee Mercer
New Codes Administrator
AMERICAN LEGAL PUBLISlllNG
Corporate Office
12th Floor' 432 Walnut Street. Cincinnati, Ohio 45202
1-800.445-5588
1-513-763-3562 (FAX)
E-Mail: amlegal@aol.com
Internet: hnp://www.amlegaLcom
J
Teresa Bender
From:
Sent:
To:
Subject:
Kim Moore-Sykes (ksykes@centelVillemn.com)
Wednesday, November 03,2004 10:08 AM
'Teresa Bender'
FW: Best Management Practices for Cty Rd 14
FYI
-----Original Message-----
From: Dawn Dubats [mailto:ddubats@ricecreekwd.comJ
Sent: Wednesday, November 03, 2004 9:30 AM
To: Kim Moore-Sykes
Cc: Jim Hoeft; Tom Peterson; Tom Lee; Jeff Paar; Linda Broussard Vickers; Mary Capra;
Terry Sweeney; Brett Emmons (E-mail)
Subject: RE: Best Management Practices for Cty Rd 14
Hi Kim,
I would be happy to send you my Powerpoint presentation. I think the file is too big to
email.soI.ll put it onto a CD-ROM and mail it to you. You can play it, burn copies of
it, print off paper copies - whatever you would like to do.
Next, we at RCWD are pleased to offer our input on the Cty. Rd. 14 reconstruction project
as far as minimizing the impacts of the project. Employing some "best management
practices" (BMPs) may offer cost-effective, environmentally sensitive approaches that
would also help to beautify the project. Here are some general concepts to think about.
The stretch of road that goes through downtown past the City Hall might be a good place to
have raingardens instead of curb and gutter. The raingardens could be in the median, on
the sides of the road or both. Since I don't know the specs of the road widths and I am
not an engineer, it is difficult to for me to go into detail. I am copying this emai1 to
our district engineers.
The stretch of road the goes between Peltier Lake and Centerville Lake, however, should be
handled differently. We do not want the run-off to go into the lakes. The objective here
would be to get the dirty road water away from the lakes and filtering it through someone
before it enters the lakes.
Please continue to keep us in the loop on what you are thinking and let us know what else
we can provide you.
Dawn Dubats
Rice Creek Watershed District
Environmental Education Coordinator
ddubats@ricecreekwd.com
www.ricecreekwd.com
763-398-3078 direct
763-398-3070 main office
763-398-3088 fax
4325 Pheasant Ridge Drive NE #611
Blaine, MN 55449-4539
> ----------
> From:
> Sent:
> To:
> Cc:
Vickers;
Kim Moore-Sykes
Tuesday, November 2, 2004 2:12 pM
Dawn Dubats
Jim Hoeft; Tom Peterson; Tom Lee; Jeff Paar; Linda Broussard
Mary Capra; Terry Sweeney
1
l
>
> Hi Dawn -
>
> I've had a request from Councilmember Mary Capra for a copy of your
> power point presentation that you recently did for Centerville. Is
that possible? She was particularly interested in how medians could be constructed to
minimize stormwater runoff. We have a huge road reconstruction project scheduled for
County Road 14, which runs right through the middle of Centerville. Any information that
you have for us would be fantastic. Thanks.
>
> Kim Moore-Sykes
> City Administrator
> City of Centerville
>
>
2
Page 1 of2
Kim Moore-Sykes
From: Dan & Mary Capra [capria@comcast.net]
Sent: Tuesday, November 02, 2004 8:02 AM
To: Moore-Sykes, Kim
Subject: FW: Medians
Hi Kim,
Would you include this in the packets for the next council meeting.
Thanks,
Mary
-----Orlglnal Message-----
From: GaryandConnieSchmidt [mallto:GaryandConnieSchmidt@comcast.net]
Sent: Monday, November 01,20047:12 PM
To: countyroad14@co.anoka.mn.usi capria@comcast.net; doug.fischer@co.anoka.mn.us
Subject: re:Medians
Mr. Lyndon Robjent:
We are writing in regards to some changes in the County Road 14 project. The area of concern is the
median being projected at the Cottonwood Court intersection and Cty Rd 14 and to 20th Avenue. The
way you are planning on placing the median we won't be able to turn left in and out of Cottonwood Ct.
You mentioned we will need to make U-turns at Brian Drive to reach our home if we were coming from
1-35E.
Do you realize that the U-turns involve busy interesections such as Brian Drive and 20th A venue? There
are many cars turning in and out of Brian Drive to their homes and the Eagle Pass development that will
make the U-turn very difficult as well as slow traffic on County Road 14. We feel the U-turns will be
unsafe as well as will slow traffic on County Road 14. If people need to make a U-turn to reach Corner
Express, their homes along 14 or Cottonwood Ct there will be a back-up at the turn by Brian Drive-this
will also back-up traffic trying to go west and people will illegally go around the traffic, just like they do
now. The median will only allow us to turn right onto Cty Rd 14 and you stated to Gary on Oct. 29, on
a phone call, that we are to possibly make a U-turn at the 4-way stop in order to go towards downtown
Centerville and where our children's school is; besides their activities that are all to the west of our
home. How are we to make a U-turn at the 4-way stop at 20th Ave or Brian Drive with a large suburban
or any other SUV or van? Has the road been designed to accomodate these wide turns without
interfering with traffic on Brian Drive that is also trying to get access to Cty Rd 14? And potentially
dangerous situations at the 4-way stop trying to make a U-turn?
We feel making U-turns is not going to be safer. We don't have a large volume of traffic on our street
but we should be able to turn left and right out of our street and anyone living along Cty Rd 14. How
many accidents on this stretch of Cty Rd 14 have been reported in the last years to make you feel it
would be safer to have a median instead of the current continuous left turn lane?
Gary understood that you thought there will be a stop light at the 20th A venue and Cty Rd 14
intersection and at the October 13, 2004 City of Centerville worksession meeting Jim Dvorak, SRF
1112/2004
Page 2 of2
Engineering, spoke that "the county has no plans for stop lights at any intersections. " You thought with
a stop light this would make it easier to make a U-turn at this intersection and make it safer. Is there a
stop light planned in the last couple of weeks? And is this intersection also going to allow for larger
vehicles, trailors, gas trucks, delivery trucks and whomever else this involves?
Gary spoke to Doug Fischer at the fIrst public meeting and they discussed the speed limits. Mr. Fischer
stated that, not always, but once an improvement is made the speed limit may increase in the near future.
It is already 45 m.p.h. along this stretch ofCty Rd 14. If the tendency is to increase these limits it is not
good for our children that need to cross the roads or be on the paths once they are old enough to do so.
Reducing the speed limit to 35 m.p.h., like it is near the school, which Mn Dot changes, and
adding a continuous left turn lane and having NO concrete medians west of 20th avenue
solves a lot problems for businesses and the community.
And have medians, if needed, east of 20th but with turn lanes with yield signs for safety issues. Making
these changes will only benefit the city of CentervilIe and will keep patrons going to local businesses.
Please keep this in mind when making future decisions because this is important to us. We don't have
another outlet and we feel it is very hazardous to be forced to make U-turns when we feel there are
duable solutions.
Please contact us at G<lfYllJlQCvuni~fu;lYnidJ@cOIllCJ!stIlet and we will be at any further workshop
sessions to discuss these plans before they are approved. Thank you and we do know you are doing what
you feel is safest for our community-but hopefully something can be worked out to better suit the needs
of our community and businesses that the medians are affecting.
Thanks again-Gary and Connie Schmidt
11/2/2004
-1
COUNTY OF ANOKA
OFFICE OF COUNTY BOARD OF COMMISSIONERS
GOVERNMENT CENTER
2100 3RDAVENUE. ANOKA, MlNNESOTA 55303-2265
(763) 323-5700
November 1, 2004
Honoring All Who Served, Veterans Day 2004
Thank you for supporting veterans in our conununity. Encourage vets to inquire about services available.
Please display the enclosed poster, developed by the Mental Wellness Campaign for Anoka County, a group
of community leaders representing business, education, mental health services, consumers, and family
members. You can download and print additional copies at www.AnokaCountv.us/veterans.
Please consider promoting resources for veterans in your newsletters, Web sites and other communication
avenues. Here are a few recommended by Duane Krueger, the county's veterans service officer:
Resources for Veterans in Anoka County:
www.AnokaCountv.us/veterans
Anoka County Veterans Services Office, 763-323-5290
Related Web Sites:
www.va.gov/kids
www.vetsresource.com
www.mvhealthevet.va.gov
Thank you.
Sincerely,
O~~:f~
Anoka County Commissioner
District #1 ~_..
./l-j </ [L
//le u:, lui fl; . 1/ .C!-. . ~'-L-
Margar~gfeV~/ . Jim~rdiak, Vice Chair
Anoka County Comimssioner Anoka County Commissioner
DiStriC?J~~ct#4
Rhonda Sivarajah
Anoka County Commissioner
District #6
JB:tp
FAX: 763-323-5682
~, ta~
Dick Lang
Anoka County Commissioner
~!4
Anoka County Commissioner
~0-3
Anoka Couuty Commissioner
District #7
"~~~,
Affirmative Action / Equal Opportunity Employer
WDiTTY: 763-323-5289
l
3 November 2004
Centerville Mayor & Council
Chairperson & Committee Members Planning & Zoning
City Staff Members
Friends:
After over thirty-one years of public service to the City of CentervilJe,
I feel it is time to enjoy my retirement years more fully by resigning from
various activities. Being a Planning & Zoning Commission member, a City
Council member and Mayor for this fine city has given me great pleasure in
seeing its growth and development.
I am hereby tendering my resignation from the Planning & Zoning
Commission as of the 31 st of December 2004. Thank you all for your
support and friendship over this period of time.
Sincerely,
C-LL.~~
Thomas D. Wilharber