HomeMy WebLinkAbout2002-10-01 P & Z Agenda
PLANNING AND ZONING COMMITTEE/COUNCIL
MEETING AGENDA
TUESDAY, OCTOBER 1, 2002
6:30 p.m.
L CALL TO ORDER
1. RoD Call
II. PUBLIC HEARING (S)
1. Mr. & MOl. John Buckbee III. Re-zone Request
III. APPEARANCES
1. Mr. Noo Yang, Requesting Amendment to Ord. #4 allowing Meat Proc~sing
in the Commercial District. -.' uuvu.....aj No T 6..LL<,~1..
2. Mr. Peter Rosenthal, 7129 - 20th Avenue (Site Plan Review)
IV. OLD BUSINESS
1. Right Of Way Ordinance
V. NEW BUSINESS
1. Ordinance #61 - Adult Establishments
VL DISCUSSION ITEMS
1. EncroachmentlZoning PermitslFences (Ordinance #4) (Tabled from Previous
Meeting)
. Accessory Structures & Uses
. Total Lot Coverage
. Front Porches
VII. CONSIDERATION OF MINUTES
1. September 3, 2002 Planning and Zoning Meeting Minutes
VIII. ADJOURNMENT
...
Page 1 of 1
,
Teresa Bender
From: Bill Tschida [bill.tschida@ci.stpaul.mn.us]
Sent: Wednesday, September 25, 2002 2:37 PM
To: tbender@centervillemn.com
Subject: Rezoning of R14-31-22-31-xxxx, currently zoned P-1
Ms. Bender,
Per OUf phone conversation today, please find attached a copy of the Quit Claim Deed, Legal Description and Restricted Covenants pertaining
to property sold by the Board of Water Commissioners to Mr. and Mrs. John Buckbee III, for which rezoning to R-2 is now being
considered. I do not have a document recording number, but the deed was executed by the Board of Water Commissioners on March 14,
2000.
The Restrictive Covenants, referred to as Exhibit B, states in part" ...Neither the Grantee nor any other person shall use or schedule the use
of the subject Property for any purpose inconsistent with the release of water onto the sUbject Property. No buildings, structures, equipment
or any facilities shall be constructed, stored or maintained on, within or over the subject property. The foregoing restrictions and rights shall
be binding upon and inure to the benefit of the Grantor and Grantee, and to their successors and assigns, and shall run with the land..."
Based on the above deed restriction, the Board of Water Commissioners objects to rezoning the parcel to R-2, because the land use that R-2
zoning aHows is inconsistent with and in violation of said Restrictive Covenants.
Please contact me if you require more information.
'<
Bill Tschida
Engineering Division
Saint Paul Regional Water Services
64th St. E., Suite 400
St. Paul, MN 55101
phone: 651-266-6265
fax:651-292-7811
email: _blJ1t5>~hid.:l_@Ci,~!P1!l,Jlffif);_~
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9125/2002
Quit C1ilim Deed Form No. 30-M Minnesota Uniform Conveyancing Blanks (1115/97)
Corporation, Partnership or Limited Liability Company to Individual
~o delinquent tars and transfer entered; Certificate of Rea]
Estate Value ( filed ( ) not required.
Certificate of Real Estate Value No.
(Date)
County Auditor
Illy:
Devuty
DEED TAX DUE: $
Date: Resen:~d for rewrdin datil
FOR VALUABLE CONSIDERATION, the Board of Water Commissioners. St. Paul. Minnesota. a municiDal
cornoration under the laws of the State of Minnesota, Grantor, hereby conveys and quitclaims to JohB C.
Buckbee III, Grantee, real property in Ramsev County, Minnesota, described as follows:
~ee attached Legal Description in Exhibit A
together will all hereditaments and appurtenances belonging thereto, subject to the following exceptions:
Grantor expressly reserves and retains a perpetual and non-exclusive Water Ponding, Flowage and Drainage
lEasement for the benefit of Grantor's retained appurtenant property, as more fully described in the attached Exhibit
~. Furthermore, this conveyance is subject to the restrictive covenants as. described in the attached Exhibit B.
Grantor certifies that it knows of no wells on the above property, except as noted on the reverse side.
Affix Deed Tax Stamp Here BOARD OF WATER COMMISSIONERS,
St. Paul, Minnesota
By: James C. Reiter, its President
This instrument was acknowledged before me on .
(Dale)
by James C. Reiter and Janet Lindgren and Matthew J. Pfohl, the President and Secretary and Assistant City Attornev
of the Board of Water Commissioners. St. Paul. Minnesota, a Municioal Comoration under the laws of Minnesota,
on behalf of the Grantor.
NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK)
SIGNATURE OF NOTARY PUBLIC OR OTHER OFFICIAL
..
Check here if part or all of the land is Registered (Torrens)_
THIS INSTRUMENT WAS DRAFTED BY (NAME & ADDRESS), Tax statements for the real property described in this instrument
The City of Saint Paul should be sent to (include name and address of Grantee):
Office ofthe City Attorney
Matthew J. Pfohl, Atty. Reg. No. 240242
15 West Kellogg Boulevard, Room 400
Saint Paul, Minnesota 55102-1613
(65]) 266-8710
II
If State of Minnesota )
II) ss.
II County of Ramsev )
This instrument was acknowledged before me on ,
(Dak)
by Joseph M. Reid, the Director of Office of Financial Services for the Board of Water Commissioners. StPaul
IIMinnesota, a Municipal Comoration under the laws of Minnesota, on behalf of the Grantor.
II
II
II
SIGNATURE OF NOTARY PUBLIC OR OTHER OFFICIAL
INOTARlAL STAMP OR SEAL (OR OTHER TITLE OR RANK) I
HUS8Il:nH'DHllJJ."7ERBD\Q>dICl.imn...;f'.rU.r"""C""_..i.....1i4m1u.8..,u,.f}ll0rilJ_~
,
Legal Description
Exhibit A
That part of Government Lot 3, Section 14, Township 31 North, Range 22 West, Anoka
Connty, Minnesota described as follows:
Commencing at the most westerly corner of Tract A, Registered Land Survey No. 48;
thence on an assumed bearing of South 83 degrees 18 minutes 00 seconds East along the
southerly line of said Tract A a distance of 355.00 feet to an angle point in said southerly
line; thence South 42 degrees 10 minutes 00 seconds East along said southerly line a
distance of 340.00 feet to the westerly line of said Tract A; thence South 00 degrees 50
minutes 00 seconds West along said westerly line a distance of 52.00 feet to the easterly
extension of the northerly line of Tract B, Registered Land Survey No. 48; thence North 89
degrees 10 minutes 00 seconds West along said north line and its easterly extension a
distance of 106.50 feet to the point of beginning of the property to be described; thence
northwesterly 72.66 feet along a non-tangential curve concave to the southwest with a
chord bearing of North 60 degrees 19 minutes 08 seconds West, a radius of 50.00 feet and
an included angle of 83 degrees 15 minutes 51 seconds to a point of reverse curvature;
thence westerly 69.84 feet along a reverse curve concave to the north with a radius of
100.00 feet and a central angle of 40 degrees 00 minutes 50 seconds; thence North 61
degrees 56 minutes 13 seconds West tangent to the previously described curve a distance of
90.93 feet; thence westerly 92.39 feet along a tangential curve concave to the south with a
radius of 55.00 feet and an included angle of 96 degrees 14 minutes 36 seconds; thence
South 21 degrees 49 minutes 11 seconds West tangent to the previous described curve a
distance of 15.47 feet; thence westerly 97.77 feet along a tangential curve concave to the
north with a radius of 38.00 feet and an included angle of 147 degrees 25 minutes 22
seconds; thence North 10 degrees 45 minutes 27 seconds West tangent to the previously
described curve a distance of 101.98 feet; thence North 5 degrees 19 minutes 42 seconds
East a distance of 48.16 feet; thence westerly 88.68 feet along a tangential curve concave to
the south with a radius of 35.00 feet and an included angle of 145 degrees 09 minutes 49
seconds; thence South 40 degrees 09 minutes 53 seconds West tangent to the previous
described curve a distance of 72.05 feet; thence southwesterly 98.70 feet along a tangential
curve concave to the northwest with a radius of 85.00 feet and an included angle of 66
degrees 31 minutes 46 seconds; thence North 73 degrees 18 minutes 21 seconds West a
distance of 17.22 feet; thence South 30 degrees 30 minutes 23 seconds West a distance of
159.41 feet to the westerly extension of the northerly line of Tract B, Registered Land
Survey No. 48; thence South 89 degrees 10 minutes 00 seconds East a distance of 670.50 feet
to the point of beginning, containing 1.39 acres more or less.
C:\DOCUM:ENTS AND SEITINGS\TBENDER\LQCAL SETTINGS\TEMPORARY INTERNET FILES\OLK136\BUCKBEE _ DESCRIPTION _ OOt.DOC
,
Water Ponding, Flowage and Drainage Easement
and
Restrictive Covenants
Exhibit B
Grantor reserves and retains a perpetual and non-exclusive Water Ponding, Flowage and
Drainage Easement over, under and across the subject Property for the storage, holding, drainage
and flowage of water to be released by the Grantor at any time and in such quantities as the
Grantor may in its sole discretion determine from time to time. This retained easement is for the
benefit of Grantor's retained appurtenant property, which retained appurtenant property lies
between the subject Property and the low water line of Peltier Lake. Neither the Grantee nor any
other person shall use or schedule the use of the subj ect Property for any purpose inconsistent
with the release of water onto the subject Property. No buildings, structures, equipment or any
facilities shall be constructed, stored or maintained on, within or over the subject property. The
foregoing restrictions and rights shall be binding upon and inure to the benefit of the Grantor and
Grantee, and to their successors and assigns, and shall run with the land.
In the event of a violation or attempted violation of the easement rights or restrictive covenants
set forth above, Grantor may institute and prosecute any proceeding at law or in equity to abate,
prevent, or enjoin any such violation, or to specifically enforce the covenants herein set forth, or
to recover monetary damages caused by such violation or attempted violation. It is acknowledged
and agreed by the Grantee that Grantor is entitled to obtain injunctive relief requiring Grantee to
comply with said covenants without the need for a bond or security, and that specific
performance is an appropriate remedy and that Grantor does not have an adequate remedy at law
and will suffer irreparable harm upon a violation of said covenants. No delay in enforcing the
provisions of said covenants as to any breach or violation shall impair, damage, or waive the
right to enforce the same, or to obtain relief against or recover for the continuation or repetition
of such breach or violation or any similar breach or violation thereof at any later time or times.
In the event suit is brought by Grantor to enforce the restrictive covenants or easement provisions
contained herein, or if suit is brought for damages or for any other reliefhereunder, the Grantor shall
be entitled to recover its costs, including reasonable attorneys' fees incurred in counection with such
suit.
N:\BTSCHlDA\LAND\Peltier\Buckbee _restrictions _ 001
~
tervi{{e
'Esta6{isfrd 1857
STATE OF MINNESOTA
COUNTY OF ANOKA
1880 :Main Street . Centeroille,9If9{ 55038
(651) 429-3232 . ;FG.i((651) 429-8629
CITY OF CENTERVIILE
NOTICE OF REZONING PUBLIC HEARING BEFORE THE CENTERVILLE
PLANNING &: ZONING COMMITTEE
PLEASE TAKE NOTICE that the CentervilJe Planning and Zoning Committee will
hold a public hearing and may take action on the following matter:
ITEM:
PETmONER:
PROPERTY I.D. #:
LEGAL DESCRIPTION:
Re-Zone from Rl, Cl & PI to R2
Mr. & Mrs. John Buckbee ill
Rl4-31-22-31-0017, R14-31-22-31-0019 &
RI4-31-22-31-0023
Tract B, Reg. Land Survey #048; Tract B, Reg.
Land Survey #065; and TIIAT PRT OF GOVT
LOT 3 SEC 14 TWP 31 RGE 22 DESC AS FOL:
COM AT MOST WL Y COR OF TRACT A REG
LAND SURVEY NO 48, TH S 83 DEG 18 MIN E,
ASSD BRG, ANG SLY LINE OF SD TRACT A
355 FT TO AN A VG PT IN SD SLY LINE, TH S
42 DEG 10 MIN E ALG SD SLY LINE 340.00 FT
TO WL Y LINE OF SD TRACT A, TH S 0 DEG
50 MIN W ALG SD WLY LINE 52 FT TO EL Y
EXTN OF NL Y LINE OF TRACT B REG LAND
SURVEY NO 48, THN 89 DEG 10 W ALG SD N
LINE & ITS EL Y EXTN 106.50 FT TO POB, TH
NWL Y 72.66 FT ALG A NON TAN CUR CONe
TO SW WITH A CHORD BRG OF N 60 DEG 19
MIN08 SECW ARAD OF 50FT &AN
INCLUDED ANG OF 83 DEG 15 MIN 51 SEC TO
APT OF REVERSE CURVATURE, TH WL Y
69.84 FT ALG A REVERSE CUR CONe TO N
WITH A RAD OF 100 FT & A CEN ANG OF 40
DEG 0 M1N 50 SEC, TH N 61 DEG 56 MIN 13
SEC W TAN TO LAST DESC CUR 90.93 FT, TH
WL Y 92.39 FT ALG AT AN CUR CONC TO S
WITH A RAD OF 55 FT & AN INCLUDED ANG
OF 96 DEG 14 M1N 36 SEC, TH S 21 DEG 49
MIN 11 SECWTAN TO LAST DESC CUR 15.47
FT, THWLY 97.77 FT ALG A TANCURCONC
TO N WITH A RAn OF 38 FT & AN INCUJDED
ANG OF 147 DEG 25 MIN 22 SEC, THN 10 DEG
J
~
45 MIN 27 SEC W TAN TO LAST DESC CUR
101.98 FT, THN 5 DEG 19MIN 42 SEC E 48.16
FT TH WL Y 88.68 FT ALG A TAN CUR & AN
lNCLUDED ANG OF 145 DEG 09 MIN 49 SEC,
TH S 40 DEG 09 MIN 53 SEC W TAN TO LAST
DESC CUR 72.05 FT, TH SWL Y 98.70 FT ALG A
TAN CUR CONC TO NW WlTH A RAD OF 85
FT & AN lNCLUDED ANG OF 66 DEG 31 MIN
46 SEC, TH N 73 DEG 18 MIN 21 SEC W 17.22
FT, TH S 30 DEG 30 MIN 23 SEC W 159.41 FT
TO WL Y EXTN OF NL Y LlNE OF TRACT B
REG LAND SURVEY NO 48, TH S 89 DEG 10
MINE 670.50 FT TO POB, AKA PRT OF LOT 5
REV ADD SUB NO 47 SUBJ TO EASE OF REC,
respectively.
ADDRESS:
7381 Peltier Circle
The petitioner requests that the Centerville Planning and Zoning Commission consider
re-zoning above-mentioned property for future development. The said hearing will take
place on Tuesday, October 1, 2002 at the CenterviIIe City Hall, 1880 Main Street in the
Council Chambers beginning at 6:30 p.m. or shortly thereafter.
City Hall is ADA accessible. Requests for hearing assisted devices or a sign language
interpreter must be received before 4:00 p.m., September 27, 2002. All persons
interested are invited to attend and to be heard orally or in writing. You may contact the
City Clerk's office at (651) 429-3232 or by facsimile (651) 429-8629 if you need
additional information.
September 11, 2002
/s/ Teresa Bender..f.A.
City Clerk
Published in the Quad Community Press September 17 and 24, 2002.
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'Estafj[i.:,-fr",{ 1857
1880 Main Street
Centervi/{e, Minnesota 55038
(651) 429-3232
RECEIVED OF
Sanna Buckbee ~250.00
7381 Peltier Circle
fOR:
Rezoning Application CK #15635
7381 Peiffer l..ake Circfe
Account Code Amount
BY Kim Stephan
September 6, 2002
Receipt #
7851
CITY OF CENTERVILLE
APPLICATION FOR VARIANCE OR REZONING
VARIANCE
*FEE
?JIb. CiJ
REZONING
'j..
DATE -PAID
STREET LOCATION OF PROPERTY: rr.5BI p~j;TJ.E I!- C) jQ Cl.-/;
LEGAL DESCRIPTION OF PROPERTY: Sa: ArrAc H..ill
\1-\, 0\ -J..'J- 3\. COLI b/l./?tGZ It
'OO\q
-()D23
SIZE OF PARCEL (S) ,6+ l-pel2fS
PROPERTY OWNER: ~hn c:j 3a.n(W"Et-t.([kbe~
PHONE # (;SI-L[zk..{;530
FEE OWNER: SAinE:
ADDRESS: 't--3f',i -1~L;nEIL- c:,if<C-i:.:G; te~~LliLLe. ('-V,!
APPLICANT'S INTEREST IN PROPERTY:
'f.
FEE OWNER
CONTRACT PURCHASER
LEASE HOLDER
DESCRIPTION OF REQUEST: kECLOt~
Tf) f-.-;2....,.-SJI\J6LE PRIVJIUP
OPTION TO PURCHASE
fPDt'!/t R i - Pi)'fl-/tt~ (.{E'j t(]g.!,.ffAC
REASON FOR REQUEST: 6EV~JDrrAE}Jil
2t~ ~, &ua/J.1.;c
Signature of applicant
~- 't. (f. ~~ -
_ ~ C?&~~r-
Si ature of property owner
q 1& { [J';?-
Date
* Plus any additional costs
incurred for engineering,
legal fees, publication
or other requirements.
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:A :',,::et t~: .:m Gngle p:cint in :sc.id SCl.,;ith;:;ll;i
ine; th€nc~ South ,42 degr:se~! 0 rTIinut~..:;s Ct!:) SBCCn.:1.';3 E:Jst 0100g sojd 20utheriy line CI
iistcnce crf 340,00 i;:;et to the H~5tcdy ~ine 'Jf .'3qj(iL"',:~~c::: ,~,; thence South 00 d;:;grees bO
ninute,s 00. seconds :Nest ,~jong _3.::~d 'N8StG:12>/ i.ine G:, <ist,':mG; of 52.00 feet "to tha' 'acstar!~/
!xteri3H;nat the nCrtlieriy line 0t:rGCT. B, .-{~:::9ISt;;(?~Cl LJTHJ 3u/"vey No. 48; thence North
s?, degre'3~ '1 0 ~ :~dnl~~te~ 00 ,second.s. 'Ne_st d~)ng. scki~ ~?rth lire and It~ ea~terl{.. extel;Sion G
llstance of -106.00 i"eel.: to the pcn"':t:r:oegH1f:lng or t:;,~;. ;)toperty to oe descrm'ed; tnenc;~
icrthwesterty" 72.66 feet along Q non -tang,entfeJ curiS ccno:::cve to th'9 southwest with 0
;hord b€Grina. of North 60 deqrees '19 minuf.as 08 :3Bccr;ds West, a p.;]dius of 50.00 feet ',Jnu
'n ',~, C'UC'.:,';I.,i ';'''91<::> ;)i: 8"1:, .--i"'ar""~r-.'::' ~:; ~~;r'u+'-:>,~ :,;! ~;~''''i''''i''''d'~;'(-' ," ..."'.'i,7'....{ ;~~",.::.r~A. ,-l1......'Ct."f'::,.
,. " ....~ ....l'....~ " _".. '-l""....'....'-~ '-"" _, ".~.... '.'" ._"'"......., ~ ".-.....1 ,_"'. __ _. 'v.............. ........''f ..."..,
nel1ce 'N€Srer1y 69.84 ie;~i: aion.; .:; reverse C:UF),~ :;OI1CQVi;: to the ilCtih with Q radius of
00.00 feet and c centtal cnqie ,::f 40 deg(ees CO minutes 50 seconds; thence )'<'lorth6'j
!e,gree:3 56 minutes 1:3 sG~;cnds West tongent t:> the pn;:i/1cusiy described curve '::1
fistance Of 90.9,3 fe::;t thence ?/ester!y 9:2..38i'eet deng c tangenficl curve coricave to the
:outh with Ci radius OT 55.00 f&f~t end on ;nduded crnqie of 96 degrees "i,4 mfnutes 36
:econds; thence .sou;:h 21 dBqr82s 49 rninut~s 11 ;3tsccnds West tangent to the pr:Bvious
iescribed CUr\ie a distanc-$ {)T'15...47 feet; thence iles.teny' :~;.7,77 feet CIOD9. a tangential
;urve GonCGve to the r:orth \vith G rGdius- of 38.00 feet Gnd an included ancle of'! 47
legre8s 25' minute's 22 seconds; thBnc!,= North H) degrees' d,5 minutes 27 seconds, ~Nest
angent to the p(€vk;usiy described curle. CJ distance c,r 10') .98 feet; thence North 5
legrees '19 minutes 42 seconds, East d Gistcnce O'r 48.; 6 n~et; thence westerly 88.68 reel'
dong' a,~on2enticl c;urve. cor:ca:t~3 to A the south ":;IJ,it,h U (~J':,:.Hj~S of, .35,00 fe.et and, a~ if1~luded
ing~e Of 14~ degrees 09mlnut;$sq.::>, secc'nCis; tr1efice ~outh .4(j degraes 09 'mJnutes 03
econds W'3St tangent to the prevlcus desct"1bed curve G distr.:mc;e of 72.05 feet; thence
Quthwesterly 98. 70 f~e't dong c tanqerrtid curve GQnCG\!e t.o the northwest N!th c radius
if 65.00 "Feet end an inducad ong18 -of 6,13 degrees 3"; i711ni..:t,es '~6 se,conds.: thence Nort.;j ,c.)
,!earee$ 'j d minutes '2 '; seccmds \Vest G distoncB of 17,2.2 feet; thence South 30 degrees 30
1lnutes 2.3 seconds '1ve:3t a:::Hstcnce ;f 'j ~39,,4.i fe,~t ':'r,':he 'Nest.:~riy extension ,:f the
'elther:y line of Tn:zcr 8, Registered Land. Survey No -"P3; th~nc~ South 89 degrees 10
11inut.8S 00 38conds cGst '(1 distcnce ::::f 670.50 r~et to t~e point o'f beginning.
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hat cart. ()f G,:;vBrnjT1~nt L'':::.t 3, S'dG'cicr ! ,i.. Tow!',s!".;;::
Ilinne~otG described ,-1S follows:
I
;-.,:cnSB 12., ,ii,nd<,:.] C,'.::.;.~n'[y"
I :ommE.:ncinq,~Jt 'the ':l10St 'NBstBny cc-r-,c( nr ,. 'jet ... ;.:f.8'.jL:3t0n~~j L.:.:nd Survey No 48;
:1ence on <m GSSUfi':ed b~aring (yf Sc-uth aJ ~:~9r!!6S t e, (t~j'nutes DO ,seccnds Ecs::: ,:;Iens d~;:;
outher!y iine of said Tract A a distan.ce c:;T '),2::).uO ,;~;: to :::::n ::nqle pOHlt in sdldsoutherly
ne and the point of beginning c-f the prGperty to be descr;bed; thence South 42 degrees
C minutes 00 seconds East clcng soid sGuther!~i iine iJ dis,ranee of 340.00 f.Bet to the
I€:sterly line or said Ti-cct A; thenc~~ SouTh CO "kgrees 50 :1l1f1utes 00 seconds 'Nest dicng
aid, 'Nest~r!y line C! .:Hs~cnc:e of 52.0e re'et t.o the ~asterly e:<:ension .of thoa' northerly line of
ract 8, Reqistered L-Jnd 31.1('/..,<7,/ No. dB: th$i1c>.t Ncr.:h 8~ ;J$i.~n3:es '10 minutas 00 seconds
r
First Name
Mr. & MIS. Richard
Mr. & MIS. Paul
I\tIr. & MIS. 'Nayne
Mr. & MIS. William
Ms. Irene
Mr. & MIS. George
Mr. Dean
Mr.T erry
Mr. & MIS. Tracy
Mr. Kenneth
Mr. & MIS. Douglas
Ms. Bonnie
Mr. & MIS. Edward
Mr. & MIS. William
Mr. & MIS. Marc
Mr. & MIS. Leon
Mr. & MIS. Richard
Mr. & MIS.~oger
Mr. & MIS. Arthur
Mr. & MIS. James
Mr. & MIS. Gerhard
r. & MIS. Timothy
Ms. Ann
Mr. & MIS. Michael
Ms. Suzanne Seeley &
Current Owner
Mr. & MIS. Theodore
Mr. & MIS. John
Hatem
Ms. Barbara
Mr. & MIS. Daryl
Ms. Cheryl
Mr. &~IS. Terry
Mr. & MIS. Dale
Mr. & MIS. Rian
Mr. & MIS. Tim()thy
Mr. & MIS. Robert
Mr. & MIS. Gary
Mr. & MIS. Eric
Mr. & MIS. Donald
Mr. & MIS. Robert
Mr. & Mrs. D()ugl.a~
Mr. &1\tI1"ll' Roger
Mr. & MIS. Michael
Mr. & MIS. Andrew
Mr. & MIS. Michael
Office_Address_List
9/13/2002
Last Name Address Line 1
ThomjlSon or Current Owner 1657 Peltier Lake Drive
Deniz or Current Owner 1667 Peltier Lake Drive
LeBlanc or Current Owner 1677 Peltier Lake Drive
Svetin or Current Owner '1687 Peltier Lake Drive
Seashore or Current Owner 1689 Peltier Lake Drive
Burr or Current Owner 1693 Peltier Lake Drive
Luxenburg or Current Owner 1697 Peltier Lake Drive
Elken or Current Owner 1701 Peltier Lake Drive
Tratar or Current Owner 1710 Peltier Lake Drive
Kost or Current Owner 1715 Peltier Lake Drive
Drewlo or Current Owner 1718 Peltier Lake Drive
LalSon or Current Owner 1724 Peltier Lake Drive
Albrecht or Current Owner 1729 Peltier Lake Drive
Helin or Current Owner 1732 Peltier Lake Drive
Brandenburg or Current Owne1740 Peltier Lake Drive
Moran or Current Owner 1743 Peltier Lake Drive
Branjord or Current Owner 1748 Peltier Lake Drive
Shimon or Current Owner 1751 Peltier Lake Drive
Mohler or Current Owner 1756 Peltier Lake Drive
McBride or Current Owner 1759 Peltier Lake Drive
,Ablinger ()f c;urrent Owner 1767 Peltier Lake Drive
Larson or Current Owner 1775 Peltier Lake Drive
Schwartz or Current Owner 1782 Peltier Lake Drive
Horsnell or Current Owner 1783 Peltier Lake Drive
Current Owner 1784 Peltier Lake Drive
1785 Peltier Lake Drive
7377 Peltier Circle
7381 Peltier Circle
7251 Clearwater Drive
7260 Clearwater Drive
7261 Clearwater Drive
7267 Clearwater Drive
7268 Clearwater Drive
7277 Clearwater Drive
7248 Centerville Road
7249 Centerville Road
7256 Centerville Road
7257 Centerville Road
7262 Centerville Road
7263 Centerville Road
7268 Centerville Road
7269 Centerville Road
7276 Centerville Road
7283 Centerville Road
1680 Lakeland Circle
1678 Lakeland Circle
Erkenbrack or Current Owner
Buckbee III
Qamhieh
Wicks or Current Owner
Currence or Current Owner
Sacco or Current Owner
Lee or Current Owner
MeyelS or Current Owner
Von Wald or Current Owner
Schweppe or Current Owner
Lofgren or Current Owner.
Sturgeon or Current Owner
Holmstrom or Current Owner
Simonson or Current Owner
Irtbeck or Current Owner
TUrgeo~ or Current ()wner
Scholz or Current Owner
Maki or Current Owner
FlIrrinQl()nor Current Owner
McCortney or Current Owner
Page 1
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-1
Office_Address_List
9/13/2002
First Name last Name Address Line 1
Current Owner 1682 lakeJand Circle
Mr. & Mrs.?tellhen BU'"ll!;lrllff or Current<:>YinElr 7251 Clear~ic!l)e
Mr. & Mrs. James Cla!!ry or Current Owner "7254 C;1E!!!r ~icf!je ......
Current Owner 7258 Clear~icf!le
Ms. Marta McCormack or Current Owner 7251 Mill Road
Mr. & Mrs. Craig Sievert 7254 Mill Road
Mr. & Mrs. John Kelly or Current Owner 7258 Mill Road
Mr. & Mrs. Marklabarre or Current Owner 7261 Mill Road
......_....0 ._ ....__.~_._
Mr. & Mrs. Tim Stevenson or Current Owner 7289 Mill Road
Mr. & Mrs. Michael .Scheller or Current Owner 7267 Mill Road
Mr. & Mrs. Robert Hoye or Current Owner 7288 Mill Road
Current Owner 7294 Mill Road
Mr. Michael Schweitzer or Current Owner 1822 - 13rd Street
Current Owner 1831 - 73rd Street
Mr. Daniel Schleusner or Current Owner 1830 Quebec Street
Mr. Robert Citro or Current Owner 1833 Quebec Street
Mr,Barry Hines or Current Owner 1836 Quebec Street
Mr. Marc . .Brae!jer or Current Owner 1839 Quebec Street
Mr. & Mrs. Grant .Peters or Current Owner 1817 Revoir Street
Mr. & Mrs. c;rEl!l()f}' West or Current Owner 1825 Revoir Street
Mr. & Mrs. Daniel Nelson or Current Owner .1828 Revoir Street
Mr. & Mrs. Kenneth Anderson or Current Owner 1831 Revoir Street
Mr. & Mrs. StephEln Dom or Current Owner 1836 Revoir Street
Mr. Thomas Fairbrother or Current Owner 1844 Revoir Street
Mr. Keith Javanovich or Current Owner 7269 Old Mill Road
Mr. & Mrs. Mark Hobscheid or Current Owner 7277 Old Mill Road
. "'-.-'---'-,-.,.-.
Mr. & Mrs. Robert .,Tho'!lpsonor Current Owner 728.3 Old Mill R<>.ad
Mr. & Mrs. Richard Freeman or Current Owner 7291 Old Mill Road
Mr. & Mrs. Daniel Belland or Current Owner 7299 Old Mill Road
Mr. & Mrs. Daniel Vander Heiden or Current Ow 7306 Old Mill Road
fv1s,Jac:;gue.nllEl~mith or C;urrent C>virter 7310 Old Mill Road
Mr. Matthew Rehbein or Current Owner 7313 Old Mill Road
Mr. & Mrs. Timotl1Y Gla!;()\I/ or Current Owner 7319 Old Mill Road
Mr. & Mrs. Kenneth Ell!IEl1'!leier or Current Owner 7322 Old Mill Road
Mr. & Mrs. Burton Essex or Current Owner 7333 Old Mill Road
Mr. & Mrs. Pedro Salazar or Current Owner 7336 Old Mill Road
Mr. & Mrs. Troy. Greene or Current Owner 7354 Old Mill Road
Mr. John Kru~Elr & Ms or Current Owner 7368 Old Mill Road
Mr. & Mrs. Robert BU'"llstahler or Current Owner 7381 Mill Road
Mr. & Mrs. Patrick Fruth or Current Owner 7384 Mill Road
Mr. Crlli!j Bode.C)r Current Owner 7389 Mill Road
Mr. Fredrick Fischer II or Current Owner 7396 Mill Road
Mr. William Bowen or Current Owner 7397 Mill Road
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Page 2
Legal Description
Exhibit A
That part of Government Lot 3, Section 14, Township 31 North, Range 22 West, Anoka
County, Minnesota described as follows:
Commencing at the most westerly corner of Tract A, Registered Land Survey No. 48;
thence on an assumed bearing of South 83 degrees 18 minutes 00 seconds East along the
southerly line of said Tract A a distance 0(,355.00 feet to an angle point in said southerly
line; thence South 42 degrees 10 minutes 00 seconds East along said southerly line a
distance of 340.00 feet to the westerly line of said Tract A; thence South 00 degrees 50
minutes 00 seconds West along said westerly line a distance of 52.00 feet to the easterly
extension of the northerly line of Tract B, Registered Land Survey No. 48; thence North 89
degrees 10 minutes 00 seconds West along said north line and its easterly extension a
distance of 106.50 feet to the point of beginning of the property to be described; thence
northwesterly 72.66 feet along a non-tangential curve concave to the southwest with a.
chord bearing of North 60 degrees 19 minutes 08 seconds West, a radius of50.00 fee{<<nd
an included angle of 83 degrees 15 minutes 51 seconds to a point of reverse curvature;
thence westerly 69.84 feet along a reverse curve concave to the north with a radius of
100.00 feet and a central angle of 40 degrees 00 minutes 50 seconds; thence North 61
degrees 56 minutes 13 seconds West tangent to the previously described curve a distance of
90.93 feet; thence westerly 92.39 feet along a tangential cnrve concave to the south with a
radius of 55.00 feet and an included angle of 96 degrees 14 minutes 36 seconds; thence
South 21 degrees 49 minutes 11 seconds West tangent to the previous described curve a
distance of 15.47 feet; thence westerly 97.77 feet along a tangential curve concave to the
north with a radius of 38.00 feet and an included angle of 147 degrees 25 minutes 22
seconds; thence North 10 degrees 45 minutes 27 seconds West tangent to the previously
described curve a distance of 101.98 feet; thence North 5 degrees 19 minutes 42 seconds
East a distance of 48.16 feet; thence westerly 88.68 feet along a tangential curve concave to
the south with a radius of 35.00 feet and an included angle of 145 degrees 09 minutes 49
seconds; thence South 40 degrees 09 minutes 53 seconds West tangent to the previous
described curve a distance of 72.05 feet; thence southwesterly 98.70 feet along a tangential
curve concave to the northwest with a radius of 85.00 feet and an included angle of 66
degrees 31 minutes 46 seconds; thence North 73 degrees 18 minutes 21 seconds West a
distance of 17.22 feet; thence South 30 degrees 30 minutes 23 seconds West a distance of
159.41 feet to the westerly extension of the northerly line of Tract B, Registered Land
Survey No. 48; thence South 89 degrees 10 minutes 00 seconds East a distance of 670.50 feet
to the point of beginning, containing 1.39 acres more or less.
C:IDOCUMENTS AND SETTING':;',\TBENDER'LOCAL SETITNGS\TEM.PORARY INTERNET FlLES\OLK136\BUCKBEE_ DESCRIPTION_OOl.DOC
.
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FAX
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To: -.iuVI T'O /--
companY:~VltI- ,C?uz., d J
Phone number: ? 63 - 7\< 3 - 51 2..2-
Fax number: 768 --;;6- /777
From:J0~ hlMVR - ~R~
City of Centervil/e
Phone: 651-429-3232
Fax: 651-429-8629
Date sent: ':/30 12..00 z..
Number of pages including cover page:
o Urgent
o For Review
o Please Comment
o Please Reply
Message:
Ie). i3ad0k & ffU l'
,?'" ,f)_ .z _ _~, i );1-. Pai!d I" J,' I t 1
(/oL&~ ,c.e".A1rrc:.:.J-l~--.J - (...,.. _U"j'
1880 Main Street
Centerville,. MN 55038
Phone: 651-429-3232
Fax: 651-429-8629
Page 1 of 1
Teresa Bender
From: Bill Tschida [bill.tschida@ci.stpaul.mn.us]
Sent: Wednesday, September 25, 2002 2:37 PM
To: tbender@centervillemn.com
Subject: Rezoning of R14-31-22-31-xxxx, currently zoned P-1
Ms. Bender,
Per our phone conversation today, please find attached a copy of the Quit Claim Deed, Legal Description and Restricted Covenants pertaining
to property sold by the Board of Water Commissioners to Mr. and Mrs. John Buckbee III, for which rezoning to R-2 is now being
considered. I do not have a document recording number, but the deed was executed by the Board of Water Commissioners on March 14,
2000.
The Restrictive Covenants, referred to as Exhibit Bf states in part "....Neither the Grantee nor any other person shall use or schedule the use
of the subject Property for any purpose inconsistent with the release of water onto the subject Property. No buildings, structures, equipment
or any facilities shall be constructed, stored or maintained on, within or over the subject property. The foregoing restrictions and rights shall
be binding upon and inure to the benefit of the Grantor and Grantee, and to their successors and assigns, and shall run with the land..."
Based on the above deed restriction, the Board of Water Commissioners objects to rezoning the parcel to R-2, because the land use that R-2
zoning allows is inconsistent with and in violation of said Restrictive Covenants.
Please contact me if you require more information.
.<
Bill Tschida
Engineering Division
Saint Paul Regional Water Services
84th St. E., Suite 400
St. Paul, MN 55101
phone: 651-266-6265
fax:651-292-7811
email: pill.tschidit~aul.mn.us
<
Quit Cla.~m Deed Form No. 30-M Minnesota Uniform Conveyancing Blanks (1115/97)
Corporation, Partnership or Limited Liability Company to Individual
No delinquent ti~s and transfer entered; Certificate of Real
Estate Value ( : filed ( ) not required.
Certificate of Real Estate Value No.
(Date)
County Auditor
y'
Deputy
DEED TAX DUE, $
Date: R=ved fur rccordin dolo
FOR VALUABLE CONSIDERATION, the Board of Water Commissioners. St. Paul. Minnesota. a municinal
cornoration under the laws oftbe State of Minnesota, Grantor, hereby conveys and quitclaims to John C.
Buckbee ill, Grantee, real property in Ramsev County, Minnesota, described as follows:
See attached Legal Description in Exhibit A
together will all hereditaments and appurtenances belonging thereto, subject to the following exceptions:
Grantor expressly reserves and retains a perpetual and non-exclusive Water Ponding, Flowage and Drainage
Easement for the benefit of Grantor's retained appurtenant property, as more fully described in the attached Exhibit
B. Furthermore, this conveyance is subject to the restrictive covenants as' described in the attached Exhibit B.
Grantor certifies that it knows of no wells on the above property, except as noted on the reverse side.
Affix Deed Tax Stamp Here BOARD OF WATER COMMISSIONERS,
St. Paul, Minnesota
By: James C. Reiter, its President
rrhis instrument was acknowledged before me on .
(Date)
by James C. Reiter and Janet Lind!ITen and Matthew J. Pfohl, the President and Secretary and Assistant City Attornev
of the Board of Water Commissioners, St. Paul. Minnesota, a MuniciDal Corooration under the laws of Minnesota,
on behalf of the Grantor.
NOT ARJAL STAMP OR SEAL (OR OTHER TITLE OR RANK)
SIGNATURE OF NOTARY PUBLIC OR OTHER OFFICIAL
..
Check here ifpart or all of the land is Registered (Torrens)_
fmlS INSTRUMENT WAS DRAFTED BY (NAME & ADDRESS): Tax statements for the real property described in this instrument
The City of Saint Paul should be sent to (include name and address of Grantee):
Office of the City Attorney
Matthew J. Pfohl, Atty. Reg. No. 240242
15 West Kellogg Boulevard, Room 400
Saint Paul, Minnesota 55102-1613
(651)266-8710
II "
IIState of Minnesota )
II) ss.
IICounty of Ramsey )
This instrument was acknowledged before me on
.
(0.'.)
by Joseph M. Reid, the Director of Office of Financial Services for the Board of Water Commissioners. StJ'mJ1
Effective 9/5/00
City of Centerville Ord. #4
Commercial uses (as defined by Ordinance #4) in the M-1 District will follow the Commercial guidelines
for percentage of green space. For all other properties in the M-1 District, the maximum accessory
structure allowed is 704 square feet and 440 square feet in the R-4 District, neither to exceed the size of
the principal structure if an attached garage does not exist. If an attached garage exists, the maximum
accessory structure allowed is two (2) percent of the lot size or a maximum of 200 square feet.
Division 70: Site Plan Review Reauired
For all land use applications or permit applications, a site plan review is required by the Zoning
Administrator or their designee. Said review shall take place thirty (30) days prior to the desired Planning
and Zoning meeting. For example, if a property owner desires to construct a home (or any other
structure) and desires to have it presented to the Planning and Zoning Commission in May, the
application and site plan need to be presented to the Zoning Administrator or his/her designee the first
week in April.
Section 070-010: Submittal Requirements.
A. Boundary survey of parcel including identification of all monuments; and
B. Scaled location of all buildings, structures, driveways, sidewalk, trails, parking stalls
and curbing; and
C. Scaled identification of all setback dimensions from property lines; and
D. Scaled locations of all existing and proposed utilities and easements; and
E. Scaled depictions of floor plans for each story; and
F. Scaled depictions of each building elevation and descriptions of exterior building
materials and color schemes; and
G. Scaled site grading plans, including erosion and sedimentation control mechanisms
and procedures; and
I. Scaled delineations of any shoreland, floodplain or wetland areas on the site; and
J. Identification of any floodplain or wetland encroachments and detailed mitigation
plans; and
K. Detailed landscape plans, illustrating size, types and locations of all materials, a
description of site seeding or sodding, a description of the timetable for site
landscaping and the identification of any irrigation systems; and
L. Detailed descriptions of any site fencing, including type, location and height.
All plans shall be dated and bear the preparer(s) name(s), including professional registrations or
certifications when appropriate or required.
Page 18 of 59
Effective 9/5/00
City of Centerville Ord. #4
Section 070-020: Review Requirements. For actions that will require City review, applicants shall
submit sixteen (16) sets of site plans with a required application formand appropriate fees to the City
Clerk for distribution. Site plans will be evaluated for consistency with documentation requirements.
Upon acceptance of the application, site plans will be distributed to the appropriate City entity for review
and recommendation.
Action to approve, modify or deny site plan applications will be based upon consistency ofthe application
with the City's Comprehensive Plan, Zoning Ordinance, other policies and official controls and the
compatibility of the proposed action with existing area land uses, existing area investments and
neighborhood character, capacity of public streets and utilities and future planned land uses.
Section 070-030: Exceptions. The City may waive certain submittal requirements for residential
variance applications, when it is determined that submittal requirements are not applicable or are not
necessary to complete a review of the proposed action. The City may also waive certain submittal
requirements for other actions, when site plan information for the subject property has previously been
submitted to the City and may be more appropriately supplemented with new information.
Division 75: Final Gradinq and Landscapina
'<
Lots in all districts shall be subject to the following:
Subd. 1
No Occupancy Permit shall be issued until the lot upon which the structure is
constructed is brought to finished grade as specified, except during
inclement weather an escrow shall be deposited with the City as approved in
the fee schedule; and
Subd. 2
Within six (6) months from the issuance of the Occupancy Permit the lot shall
be landscaped in a manner, which prevents erosion due to wind or water.
Extensions may be granted at the Building Official's discretion.
Division 80: Zoninq Districts/Use Requlations
Section 080-010: Zoning Map. A map entitled "Centerville Zoning Map" is hereby adopted by
reference and declared to be part of this Ordinance as the Official Zoning Map.
Such map shall be on permanent file and available for public inspection in the City Hall. It shall be the
responsibility of the City Clerk to maintain and keep the map up to date and to record each amendment
thereto within thirty (30) days after official publication of the ordinance adopting the amendment.
Section 080-020: Interpretation ofthe Zoning Map. Where due to the scale, lack of detail or illegibility
of the Zoning Map attached hereto, there is an uncertainty, contradiction or conflict as to the intended
location of any zoning district boundary as shown thereon, the Zoning Administrator shall make an
interpretation of the map upon the request of any person. Any person aggrieved by any such
interpretation may appeal such interpretation to the Board of Appeals and Adjustments. The Board of
Appeals and Adjustments, in interpreting the Zoning Map or deciding any appeal, shall apply to the
following standards:
Page 190[59
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THIS IS NOT A PERMIT
At their meeting held September 25,2002 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:
TW AF AA (Iabled with Authorization for Administrative Action) = The District has
nearly all exhibits required for adequate review and issuance of a permit; you have 90
days to submit the required item(s) without going back before the Board of Managers, but
this action reverts to a TABLE if the 90 days elapse. Please submit additional exhibits
with your application number affixed in triv/icate. Failure to identify your exhibits by
Permit Application number could mean a delay in issuing your 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.
.,
Since your project requires an easement, this can be submitted either drawn on the
preliminary plat or as a separate legal document. Guidelines for a separate legal
document are available upon request. Forward two draft documents (unsigned) including
the legal description in the body of the document for review by the District's Attorney
and Engineer. Following their 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 Karl Hammers, Rice Creek Watershed District Permit Coordinator,
at 651-766-4192.
C: City of Centerville
Applicant's Consultant: Mat Davich
Correspondence
RCWD File # 02-104
KH
Emmons & Olivier Resources, Inc.
9/13/02
I _
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Permit Ap\llication No. 02-104
Pete Rosenthal
Rice Creek Watershed District Permit Application Number
02-104
Applicant:
Pete Rosenthal
288 Rohavic Lane
Lino Lakes, MN 55014
Ph: 651-483-2899
Fx: none
Consultant: Matt Davich
E.G. Rud and Sons, Inc.
9180 Lexington Ave NE
Circle Pines, MN 55014
Ph: 763-786-5556
Fx: 763-786-6007
Purpose:
Final Site Drainage Plan for addition of a building and associated parking
areas to an existing prope1(Y, 9,450* SF, 2.7701 acres.
200 feet north ofC.S.A.H 14 and west ofC.S.A.H 21, Centerville.
Location:
T-R-S:
31-22-23 aad
Recommendation:
Table with authorization for administrative action pending
receipt of the following items related to:
Stormwater
1. Incorporation of pretreatment before infiltration area.
2. Copy of geotechnical soil borings to determine depth to water
table and substrate materials.
3. Revised stormwater management satisfying District rate
control requirements for the I or 2-year event.
Wetlands
4. Field verification by District Staff of wetland boundaries and
no recent wetland fill.
Erosion Control
5. Erosion Control Plan specifying a rock construction entrance,
and riprap at stormwater outfalls.
Administrative
6. Draft legal document with satisfactory form and description
granting ponding and flowage easements over all onsite ponds,
wetlands, and other hydrologic features.
Emmons & Olivier Resources, Inc.
9/13/02
,
Permit Application No. 02-104
Pete Rosenthal
Exhibits:
Findings:
7. Copy of receipt from County Recorder and signed/notarized
legal document(s). Note that legal document(s) are to be
submitted by Applicant to County for recording only after
approval by District.
8. Cash surety in the amount of $2,500.
1. Permit Application dated September 5, 2002, received September 5,
2002.
2.
Grading, Drainage, and Erosion Control Plan prepared by E.G. Rud
and Sons, Inc., dated September 5, 2002, received September 5,
2002.
3.
Infiltration checklist and worksheet prepared by Plowe Engineering,
Inc., undated, received September 5, 2002.
4.
Hydrologic calculations prepared by Plowe Engineering Inc., dated
September 4, 2002, received September 5, 2002.
"
5.
Wetland Delineation Report prepared by Peterson Environmental
Consulting, Inc., dated July 31, 2002, received September 5, 2002.
1.
Proposed project entails construction of a 9,4500t SF building and
parking lot revisions resulting in a net increase of 0.5", acres of
impervious surface and total impervious for the site of I.2H acres.
2. Proposed Stormwater Management Plan includes one on-site NURP
Pond. Post Development runoff for the entire site is higher then
existing conditions for the 2-year event. A revised plan complying
with District rate control requirements is required. The proposed
pond meets District water quality treatment requirements.
The proposed infiltration cell meets the District's infiltration sizing
standard. However, there is no pretreatment of stormwater flowing
from the parking lot into the infiltration cell. Pretreatment of
stormwater prior to the infiltration area is required. A copy of soil
borings is required to verify depth to water table and that substrate
materials are suitable for infiltration practices.
3. The wetland delineation report identifies 0.1 acres of Type 3 wetland
along the northern boundary of the site. There is no proposed
wetland fill. Field verification by District Staff of wetland
boundaries is required.
Emmons & Olivier Resources, Inc.
9/13/02
,
Permit Application No. 02-104
Pete Rosenthal
The NWI indicates that the property sits on a Type 3 wetland. Per
the wetland delineation report, this area has been filled after 1977
and prior to WeA. Field verification by District Staff of no recent
fill is required.
4. There is no FEMA-FIS floodplain located onsite. The proposed 100-
year flood elevation of the onsite pond is 904.9. The proposed
lowest floor elevation is 907.5 thereby satisfying District freeboard
requirements.
5. The proposed erosion control measures include silt fence
downstream of graded areas, revegetation specifications, and an
implementation schedule. A rock construction entrance, riprap at the
pond outlet, and riprap at the concrete spillway is required.
Board Action:
"
Emmons & Olivier Resources, Inc.
9/13/02
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TO: Planning and Zoning Commission
FROM: Teresa Bender, City Clerk--r;~,
SUBJECT: Status of Proposed Right of Way Ordinance
DATE: September 27, 2002
The current status of the Proposed Right of Way Ordinance is that the City's Engineer
has reviewed same and deems it acceptable; however, the City's Legal Counsel has not
had ample time to review same. It is anticipated that Mr. Hoeft will have completed his
review within the next week or two.
Staff will keep you apprised of the status.
"
,II
..
CITY OF CENTERVILLE
ANOKA COUNTY, MINNESOTA
ORDINANCE NO. 61
AN ORDINANCE PROVIDING FOR THE REGULATION OF ADULT ORIENTED
BUSINESSES IN THE CITY OF CENTERVILLE; PROVIDING FOR THE
ISSUANCE OF LICENSES AND COLLECTION OF FEES THEREFORE;
PROVIDING PENALTIES FOR THE VIOLATION THEREOF.
The City Council of the City ofCenterville does ordain as follows:
ADULT ESTABLISHMENTS
Section 1 Purpose and Intent.
Subdivision L Findings. It is the purpose of this Ordinance to regulate Adult
Oriented Businesses to promote the health, safety, morals, and general welfare of the
citizens of the City and to establish reasonable and uniform regulations to:
(a) Prevent additional criminal activity within the City;
(b) Prevent deterioration of neighborhoods and its consequent adverse effect
on real estate values of properties within the neighborhood;
(c) To locate Adult Oriented Businesses away from residential areas, schools,
churches, and parks and playgrounds;
(d) Prevent concentration of Adult Oriented Businesses within certain areas of
the City.
Subdivision 2. The provisions of this Ordinance have neither the purpose nor
effcct of imposing a limitation or restriction on the content of any communicative
materials, including Adult oriented materials. Similarly, it is not the intent nor effect of
this Ordinance to restrict or deny access by adults to Adult oriented materials protected by
the First Amendment, or to deny access by distributors and exhibitors of Adult oriented
entertainment to their intended market
Section 2. Definitions.
Subdivision L For purposes of this section the terms defined in this section have
the meanings given them.
ADULTORD.WPS
I
.
City of Centerville
Ordinance #61
Subdivision 2. Adult Use, Any of the activities and businesses described below
constitute" Adult Oriented Businesses" which are subject to the regulation of this
Ordinance.
Subdivision 3. Adult Book and/or Media Store, An establishment which excludes
minors and which has a substantial portion of its stock in trade or stock on display books,
magazines, films, videotape, or other media which are characterized by their emphasis on
matter depicting, describing, or relating to Specified Sexual Activities or Specified
Anatomical Areas.
Subdivision 4. Adult Cabaret. An establishment which provides dancing or other
live entertainment, if such establishment excludes minors by virtue of age from all or part
of the establishment and if such dancing or other live entertainment in distinguished or
characterized by an emphasis on the performance, depiction or description of Specified
Sexual Activities or Specified Anatomical Areas.
Subdivision S. Adult Establisbment. Any business which offers its patrons
services, entertainment, or the sale of merchandise characterized by an emphasis on matter
depicting, exposing, describing, discussing, or relating to specified sexual activities or
specified anatomical areas. Specifically included in the term, but without limitation, are
adult book and media stores, adult cabarets, adult hotels or motels, adult mini-motion
picture theaters, adult modeling studios, adult motion picture arcades, adult motion
picture theaters, adult novelty businesses, and other adult establishments.
Subdivision 6. Adult Hotel or Motel. Adult Hotel or Motel means a hotel or
motel form which minors are specifically excluded from patronage and wherein material is
presented which is distinguished or characterized by an emphasis on matter depicting,
describing, or relating to specified sexual activities or specified anatomical areas.
Subdivision 7. Adult Mini-Motion Picture Theater.
(a) A theater in an enclosed building, from which minors are excluded from all
or part of the establishment, with a capacity for less than 50 persons used
for presenting motion pictures, including but not limited to film and
videotape, having as a dominant theme material distinguished or
characterized by an emphasis on matter depicting, describing, or relating to
Specified Sexual Activities or Specified Anatomical Areas.
(b) Any business which present motion pictures, from which minors are
excluded from all or part ofthe establishment, including films and
videotapes, having as a dominant theme material distinguished or
characterized by an emphasis on matter depicting, describing, or relating to
Specified Sexual Activities or Specified Anatomical Areas, for viewing on
the premises, including but not limited to private booths, viewing by means
ADULTORD.wPS
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City of Centerville
Ordinance #61
of coin operated or other mechanical devices, and the viewing of excerpt of
motion pictures offered for sale or rent.
Subdivision 8. Adult Modeling Studio. An establishment, which excludes minors
from all or part of the establishment, whose major business is the provision, to customers,
or figure models who are so provided with the intent of providing sexual stimulation to
sexual gratification to such customers and who engage in specified sexual activities or
display specified anatomical areas while being observed, painted, painted upon, sketched,
drawn, sculptured, photographed, or otherwise depicted by such customers.
Subdivision 9. Adult Motion Picture Arcade. Any place which excludes minors
from all or part of the establishment wherein coin or token operated or electronically,
electrically, or mechanically controlled or operated still or motor picture machines,
projectors, or other image producing devices are maintained to show images to five or
fewer persons per machine at anyone time, and where the images so displayed are
distinguished or characterized by an emphasis on depicting or describing Specified Sexual
Activities or Specified Anatomical Areas.
Subdivision 10. Adult Motion Picture Theater. A theater in an enclosed building,
from which minors are excluded from all or part of the establishment, with a capacity of
50 or more persons used regularly and routinely for presenting live entertainment or
motion pictures, including but not limited to film and videotapes, having as a dominant
theme material distinguished or characterized by an emphasis on matter depicting,
describing, or relating to Specified Sexual Activities or Specified Anatomical Areas for
observation by patrons herein.
Subdivision 11. Adult Novelty Business. A business, from which minors are
excluded from all or part of the establishment, which sells, offers to sell, or displays
devices which simulate human genitals or devices which are designed for sexual
stimulation.
Subdivision 12. Specified Anatomical Areas are any of the following conditions:
(a) Less than completely and opaquely covered;
(1) human genitals, pubic region, or pubic hair;
(2) buttock; and
(3) female breast below a point immediately above the top of the
areola; and
(b) Human male genitals in a discernible turgid state, even if opaquely covered.
Subdivision 13. Specified Sexual Activities are any of the following conditions:
(a) An act of sexual intercourse, normal or perverted, actual or simulated,
ADULTORD.WPS
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City of Centerville
Ordinance #61
including genital-genital, anal-genital, or oral-genital intercourse, whether
between human beings or between a human being and an animal.
(b) Sadomasochistic abuse, meaning flagellation or torture by or upon a person
who is nude or clad in undergarments or in a revealing costume or the
condition of being fettered, bound, or otherwise physically restricted on the
part of one so clothed.
(c) Masturbation or lewd exhibitions of the genitals including any explicit,
close-up representation of a human genital organ clothed or unclothed.
(d) Physical contact or simulated physical contact with the clothed or
unclothed pubic areas or buttocks of a human male or female, or the
breasts ofa female, whether alone or between members of the same or
opposite sex or between humans and animals in an act of apparent sexual
stimulation or gratification.
Section 3. Application of this Ordinance.
Except as in this Ordinance specifically provided, no structure shall be erected,
converted, enlarged, reconstructed, or altered, and no structure or land shall be used, for
any purpose nor in any manner which is not in conformity with this Ordinance.
No Adult Oriented Business shall engage in any activity or conduct or permit any
other person to engage in any activity or conduct in or about the establishment which is
prohibited by any ordinance ofthe City ofCentervilIe, the laws of the State of Minnesota,
or the United States of America. Nothing in this Ordinance shall be construed as
authorizing or permitting conduct which is prohibited or regulated by other statutes or
ordinances, including but not limited to statutes or ordinances prohibiting the exhibition,
sale, or distribution of obscene material generally, or the exhibition, sale, or distribution of
specified materials to minors.
Section 4. Location.
During the term of this Ordinance, no Adult Oriented Businesses shall be located
less than 500 feet from any residential zoning district boundary or site used for residential
purposes, and less that 500 feet from any church site, from any school site, from any day
care facility, or from any park which is adjacent to property zoned residential In addition,
no Adult Oriented Business may be located within 500 feet of another Adult Oriented
Business. For purposes of this Ordinance, this distance shall be a horizontal measurement
from the nearest existing residential district boundary or site used for residential purposes,
church site, school site, day care site, park site, or another Adult Oriented Business site to
the nearest boundary of the proposed Adult Oriented Business site.
Section 5. Ronrs of Operation.
ADULTORD.WPS
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City of Centerville
Ordinance #61
No Adult Oriented Business site shall be open to the public from the hours of
11:00 p.m. to 9:00 a.m.
Section 6. Operation.
Subdivision I. Off-site Viewing. An establishment operating as an Adult Oriented
Business shall prevent off-site viewing of its merchandise, which ifviewed by a minor,
would be in violation of Minnesota Statutes Chapter 617 or other applicable Federal or
State Statutes or local ordinances.
Subdivision 2. Entrances. All entrances to the business, with the exception of
emergency fire exits which are not useable by patrons to enter the business, shall be visible
from a public right-of-way.
Subdivision 3. Layout. The layout of the display areas shall be designed so that
the management of the establishment and any law enforcement personnel inside the store
can observe all patrons while they have access to any merchandise offered for sale or
viewing including but not limited to books, magazines, photographs, video tapes, or any
other material.
Subdivision 4. Illumination. Illumination of the premises exterior shall be
adequate to observe the location and activities of all person on the exterior premises.
Subdivision 5. Signs. Signs for Adult Oriented Businesses shall comply with the
City's Ordinance for signs addressed in ordinance 4, and in addition signs for Adult
Oriented Businesses shall not contain representational depiction of an adult nature or
graphic descriptions of the adult theme of the operation.
Section 7. Licenses.
Subdivision I. Licenses Required. All establishments, including any business
operating at the time this Ordinance become effective, operating or intending to operate
Adult Oriented Business, shall apply for and obtain a license from the City of Centerville.
A person is in violation of the City Code if he or she operate an Adult Oriented Business
without a valid license, issued by the City.
Subdivision 2. Applications. An application for a license must be made on a form
provided by the City.
(a) The application must be accompanied by a sketch or diagram showing the
configuration of the premises, including a statement of total floor space
occupied by the business. The sketch or diagram need not be
professionally prepared but must be drawn to a designated scale or drawn
ADULTORD.WPS
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City of Centerville
Ordinance #61
with marked dimensions of the interior of the premises to an accuracy of
plus or minus six inches.
(b) The applicant must be qualified according to the provisions of this section
and the premises must be inspected and found to be in compliance with the
appropriate state, county, and local law and codes by the health official, fire
marshal, and building official.
(c) Application for license shall contain the address and legal description of the
property to be used; the names, addresses, phone numbers, dates of birth,
of the owner, lessee, ifany, the operator or manager, and all employees;
the name, address, and phone number of two persons, who shall be
residents of the State of Minnesota, and who may be called upon to attest
to the applicant's, manager's, or operator's character; whether the applicant,
manager, or operator has ever been convicted of a crime or offense other
than a traffic offense and, if so, complete and accurate information the
disposition thereof; the names and addresses of all creditors of the
applicant, owner, lessee, or manager insofar as the regarding credit which
has been extended for the purposes of constructing, equipping, maintaining,
operating, or furnishing or acquiring the premises, personal effects,
equipment, or anything incident to the establishment, maintenance and
operation of the business.
(d) If the application is made on behalf of a corporation, joint business venture,
partnership, or any legally constituted business association, it shall submit
along with its application, accurate and complete business records showing
the names, addresses, and dates of birth of all individuals having an interest
in the business, including partners, officers, owners, and creditors
furnishing credit for the establishment, acquisition, maintenance, and
furnishings of said business and, in the case of a corporation, the names,
addresses, and dates of birth of all officers, general managers, members of
the board of directors as well as any creditors who have extended credit for
the acquisition, maintenance, operation, or furnishing of the establishment
including the purchase or acquisition of any items of personal property for
use in said operation.
(e) All applicants shall furnish to the City, along with their applications,
complete and accurate documentation establishing the interest of the
applicant and any other person having an interest in the premises upon
which the building is proposed to be located or the furnishings thereof,
personal property thereof, or the operation or maintenance thereof
Documentation shall be in the form of a lease, deed, contract for deed,
mortgage deed, mortgage credit arrangement, loan agreements, security
agreements, and any other documents establishing the interest of the
ADULTORD.WPS
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City of Centerville
Ordinance #61
applicant or any other person in the operation, acquisition or maintenance
of the enterprise.
(f) The license fee required by this ordinance has not been paid.
(g) An applicant has been convicted of a crime involving any of the following
offenses:
(1) Any sex crimes as defined by Minn. Stat. 609.29 through 609.352
inclusive or as defined by any ordinance or statute in conformity
therewith;
(2) Any obscenity crime as defined by Minn. Stat. 617.23 through
617.299 inclusive, or as defined by any ordinance or statute in
conformity therewith; for which:
. less than two years have elapsed since the date of conviction or the
date of release from confinement imposed for the conviction,
whichever is the later date, if the conviction is of a misdemeanor
offense.
. less than five years have elapsed since the date of the last conviction
or the date of release from confinement for the conviction,
whichever is the later date, if the conviction is a felony offense; or
. less than five years have elapsed since the date of the last conviction
or the date of release from confinement for the last conviction,
whichever is the later date, if the conviction is of two or more
misdemeanor offenses or combination of misdemeanor offenses
occurring within any 24 month period.
(3) The fact that a conviction is being appealed shall have no effect on
disqualification of the applicant or applicant's spouse.
Subdivisio.rj. Requalification. An apJllicant who has been convicted of an
offense listed in Section 7, Subdivision' (gtffnay qualify for an Adult Oriented Business
license only when the time period required by Section 7, Subdivision,il' (g)~has elapsed.
, t
SUbdivision~. Posting The license, if granted, shall state on its face the name of
the person or persons to whom it is granted, the expiration date, and the address of the
Adult Oriented Business. The license shall be posted in a conspicuous place at or near the
entrance to the Adult Oriented Business so that it may be easily read at any time.
'"
Subdivision"'l Council Action. The City Council shall act to approve or
disapprove the license application within 120 days from the date the application was
ADULTORDWPS
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City of Centerville
Ordinance #61
submitted, provided that the application contains all of the information required by this
ordinance. lfthe application is deficient, the Council shall act on the application within
120 days from the date that the deficiency has been corrected.
Subdivision! Appeals. An Within 90 days after the decision by the Council, the
applicant may appeal to the District Court by serving a notice upon the Mayor or Clerk of
the Municipality.
Section 8. ~
Fees shall be set by City Resolution on the fee structure.
Section 9. Inspection.
Subdivision 1. Access. An applicant or licensee shall permit health officials,
representatives of the police department, fire department, and building inspection division,
to inspect the premises of an Adult Oriented Business for the purpose of ensuring
compliance with the law, at any time it is occupied or open for business.
Subdivision 2. Refusal to Permit Inspections. A person who operates an Adult
Oriented Business or his agent or employee commits an offense if she or he refuses to
permit a lawful inspection of the premises by health officials, representatives of the police
department, fire department, and building inspection division at any time it is occupied or
open for business. Refusal to permit inspections may result in the suspension of the
license as provided in Section 11.
Subdivision 3. Exctq)tions. The provisions of this section do not apply to areas of
an adult motel which are currently being rented by a customer for use as a permanent or
temporary habitation.
Section 10. Expiration and Renewal.
Subdivision 1. Expiration. Each license shall expire at the end of the calendar year
and may be renewed only by making application as provided in Section 7, Subdivision 1.
Application for renewal must be made at least 60 days before the expiration date, and
when made less that 60 days before the expiration date, the expiration of the license win
not be affected.
Subdivision 2. Denial of Renewal When the City denies renewal ofa license, the
applicant shall not be issued a license for one year from the date of denial. If, subsequent
to denial, the City finds that the basis for denial of the renewal license has been corrected
or abated, the applicant may be granted a license if at least 90 days have elapsed since the
date denial became final.
Section 11. Snspension.
ADULTORDWPS
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City ofCenterville
Ordinance #61
Subdivision 1. Causes of Suspension. The City may suspend a license for a period
not to exceed 30 days if it determines that a licensee or an employee of a licensee has:
(a) Violated or is not in compliance with any provision of this chapter.
(b) Engaged in the use of alcoholic beverages while on the Adult Oriented
Business premises other than at an Adult Hotel or Motel.
(c) Refused to allow an inspection of the Adult Oriented Business Premises as
authorized by this chapter.
(d) Knowingly permitted gambling by any person on the Adult Oriented
Business premises.
( e) Demonstrated inability to operate or manage an Adult Oriented Business in
a peaceful and law-abiding manner, thus necessitating action by law
enforcement officers.
Subdivision 2. Notice. A suspension by the City shall be proceeded by written
notice to the licensee and a public hearing. The notice shall give at least 10 days' notice of
the time and place of the hearing and shall state the nature of the charges against the
licensee. The notice may be served upon the licensee personally, or by leaving the same at
the licensed business premises with the person in charge thereof
Section 12. Revocation.
Subdivision 1. Suspended Licenses The City may revoke a license if a cause of
suspension in Section 11 occurs and the license has been suspended within the preceding
12 months.
Subdivision 2. Causes of Revocation. The City shall revoke a license if it
determines that:
(a) A licensee gave false or misleading information in the material submitted to
the City during the application process;
(b) A licensee or an employee has knowingly allowed possession, use, or sale
of controlled substances on the premises;
(c) A licensee or an employee has knowingly allowed prostitution on the
premises;
(d) A licensee or an employee knowingly operated the Adult Oriented Business
during a period of time when the licensee's license was suspended;
ADULTORD.WPS
9
City of Centerville
Ordinance #61
(e) A licepsee has been convicted of an offense listed in Section 7, Subdivision
2. $(gj,'''for which the time period required in Section 7, Subdivision i(g)~as
not elapsed; . 2-
(f) On two or more occasions within a 12-month period, a person or persons
committed an offense occurring ~ or on the licensed premises of a crime
listed in Section 7, Subdivision$'(g), for which a conviction has been
obtained, and the person or perton were employees of the Adult Oriented
Business at the time the offenses were committed.
(g) A licensee or an employee has knowingly allowed any act of sexual
intercourse, sodomy, oral copulation or masturbation to occur in or on the
licensed premises.
Subdivision J. Appeals. The fact that a conviction is being appealed shall have no
effect on the revocation ofthe license.
Subdivision 4. Exceptions. Section 12, Subdivision 2(g), does not apply to adult
motels as a ground for revoking the license unless the licensee or employee knowingly
allowed the act of sexual intercourse, sodomy, oral copulation, masturbation, or sexual
contact to occur in a public place or within public view.
Subdivision 5. Crranting a License After Revocation. When the City revokes a
license, the revocation shall continue for one year and the licensee shall not be issued an
Adult Oriented Business license for one year from the date revocation became effective.
If, subsequent to revocation, the City finds that the basis for the revocation has been
corrected or abated, the applicant may be granted a license if at least 90 days have elapsed
since the date the revocation became effective. If the license was revoked under Section
12, Subdivision 2(e), an applicant may not be granted another license until the appropriate
number of years required under Section 7, Subdivision.3(g)?'has elapsed.
Z,
Subdivision 6. Notice. A revocation by the City shall be proceeded by written
notice to the licensee and a public hearing. The notice shall give at least 10 day's notice of
the time and place of the hearing and shall state the nature of the charges against the
licensee. The notice may be served upon the licensee personally, or by leaving the same at
the licensed premises with the person in charge thereof
Section 13. Transfer of License.
A licensee shall not transfer this license to another, nor shall a licensee operate an
Adult Oriented Business under the authority of a license at any place other than the
address designated in the application.
Section 14. Severability.
ADULTORD.WPS
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"
City of Centerville
Ordinance #61
Every section, provision, or part of this Ordinance or any permit issued to this
ordinance is declared severable from every other section, provision, or part thereof to the
extent that if any section, provision, or part of this Ordinance or any permit issued
pursuant to this ordinance shall be held invalid by a court of competent jurisdiction it shall
not invalidate any other section, provision, or part thereof.
************
Section 2 Effective Date of Ordinance. This ordinance shall become effective
upon its passage and publication as provided by law.
Passed by the City Council this ~I day of\'{' C i!n.dJe/( , 1995.
SC'. -:-:JZ v1'~'
.... -"
Tom Wilharber, Mayor
c
ATTEST:
JL.-Lce/.c 6tU{/,;{?/j,{C/-C
u
Trudi Breuninger, ~ City Clerk
ADULTORDWPS
11
,
The following construction. alterations, or removal would require a zoning permit.
I. Fence
2. Driveway
3. Platforms and patios Jess than 30" in height
4. Antennas, flag or light poles over eight feet in height
5. Above ground pools over 24" deep, that contain less than 5000 gallons
6 Landscape material of any kind, trees, shrubs in the drainage easement
7. Tennis courts
8. Signs except political signs
9. Accessory buildings less than 120 square feet
10. Temporary mobile structures for construction purposes, recreational, special
events
'<
CITY OF CENTERVILLE
PLANNING AND ZONING COMMISSION
SEPTEMBER 3, 2002
Pursuant to due call and notice thereof, the Planning and Zoning Commission held their regularly
scheduled meeting on September 3, 2002, at 6:30 p. m.
PRESENT:
Ray DeVine
Tom Wilharber
Mary J 0 Helmbrech... t............... ~..............
Brian Hanson ~..... @....i
David Kilian .. .0
John McLean ...
ABSENT:
None.
COUNCIL:
Council Member Travis
STAFF:
Ms. Moore-Sykes
I. CALL TO ORDER
I. RollCall
The meeting was called to order at 6:32 p.m.
II. PUBLIC HEARING(S)
None.
III. A W ARDSJPRESENT ATIONSJ APPEARANCES
None.
IV. OLD BUSINESS
1. Right of Wav Ordinance
The Commission indicated they did not receive the right-of-way ordinance.
Ms. Moore-Sykes indicated the Ordinance provided was a model ordinance provided by
the League of Minnesota Cities and approved by several loca] cities, including Ham
Lake, Blaine, and Spring Lake Park.
Page] of 5
.
Commissioner DeVine indicated that the Commission has seen the model ordinance and
had asked Staff to amend the model ordinance to reflect the language specific to
Centerville.
Commissioner De Vine pointed out there was discussion on Page 5 of 10 of the minutes
from the July 2,2002 meeting on the right-of-way ordinance.
Ms. Moore-Sykes indicated Staff would have an ordinance ready for review at the
October meeting.
Chair Hanson asked if the penalty in Ordinance #13 was retroactive.
Ms. Moore-Sykes indicated that license holders would need to do a number of things
when they renew their license in order to be allowed to participate in the best practices
program.
Commissioner DeVine asked what the benefits of being on the best practices would be.
Ms. Moore-Sykes indicated the biggest advantage would be a reduction in underage
drinking along with better communication between license holders, the police
department, and the City.
Council Liaison Travis indicated the penalties for violations are not as harsh if they are
on the best practices schedule.
Ms. Moore-Sykes indicated a third violation would mean that the license holder would
revert to the regular penalty grid until they can prove that they are eligible for the best
practices program.
Commissioner Wi1harber suggested the title should reflect that this new ordinance repeals
the old Ordinance #13.
Ms. Moore-Sykes indicated the title allows for a better paper trail for future tracking of
the changes made to the ordinance.
V. NEW BUSINESS
1. Rescheduling November Meeting (General Election)
Motion by Commissioner Wilharber, seconded by Commissioner DeVine to
reschedule the Novembel' Planninl!: Commission Meetine to November 4, 2002, All
in favor. Motion carried unanimously.
Page 2 of 5
VI. DISCUSSION ITEMS
1. Encroachment/Zoning PermitslFences (Ordinance #4)
Ms. Moore-Sykes indicated that City Staff has been inundated with questions concerning
fencing and has found themselves being pulled into several neighborhood disputes. She
then indicated she had met with the Staff and Staff would like the Commission to
consider amending Ordinance #4 as the draft document shows.
Commissioner DeVine asked if any other city reqUIres a two-foot setback when
permission cannot be obtained from the neighbor.
Ms. Moore-Sykes indicated that the change is causing more problems because neighbors
do not want to sign or those putting up fences do not want to ask for permission. She
then said she feels that all fences should come before Staff and/or the Planning
Commission to ensure that residents are determining where the property lines are.
Commissioner Wilharber indicated he felt the fencing should be an administrative issue
and not something the Planning Commission should deal with.
Commissioner DeVine indicated he liked the way the Ordinance was amended by Staff
but said that wording the ordinance in such a manner would require a homeowner to
obtain a survey if an agreement could not be reached with the neighbor.
Commissioner Wilharber indicated there is also an issue with the maintenance of the
other side of the fence.
Mr. Richard Thompson of 1657 Peltier Lake Drive addressed the Commission and
explained what goose fencing was and asked whether the ordinance would cover that
type offencing.
Ms. Moore-Sykes indicated she did not feel that Ordinance #4 would govern goose fence
because a fence is a barrier and a goose fence is only a barrier to the geese.
Commissioner McLean suggested using the word permanent.
Mr. Thompson asked if the goose fence could go back up if he takes out the other
fencing.
Ms. Moore-Sykes indicated that one section of Mr. Thompson's fence would be
grandfathered in.
Mr. Thompson asked if he put the rails in at 45 degrees if that would be considered a
fence or if that would be ornamental.
Commissioner Kilian said he felt that would still be considered a fence.
Page 3 of5
Chair Hanson suggested that a line of any sort should be visible so no one trips over it.
Commissioner DeVine indicated he would be in favor of indicating that goose fencing is
not regulated by Ordinance #4.
Commissioner Wilharber suggested that it may be tough for residents to swallow having
to pay for a land survey to put up a fence. He then said he would like some time to
review and consider these suggested changes before making a decision.
Ms. Moore-Sykes indicated that Mr. Palzer had said he wants the fences on the property
lines and, if homeowners cannot agree on the property line, a survey will be needed.
Mr. Thompson indicated he knows where the posts are but his neighbor has said he
disagrees with their location.
Ms. Moore-Sykes indicated she had told Mr. Thompson's neighbor that a survey should
be done to eliminate the controversy as to the location of the property line.
Commissioner DeVine indicated that he would not want City Staff out making
determinations on property lines as that could open the City up to liability. He then said
he would like to give the ordinance changes some more thought because a survey will be
required in a lot of cases the way it is written.
Commissioner McLean indicated it is in the property owner's best interest to locate the
property pins because that information will be needed at some time.
Ms. Moore-Sykes indicated that most cities charge $25.00 to $30.00 for a fence permit.
Commissioner Kilian said he felt that $25.00 or $30.00 is too high as taxes are too high in
Centerville already.
Commissioner Helmbrecht indicated the Ordinance needed to address snow fence and
goose fencing.
Commissioner Wilharber asked if the City would be liable if someone uses a material for
their goose fencing that is not clearly visible and someone trips because the Ordinance
says that goose fencing is allowed.
Chair Hanson said he feels that would be the homeowner's responsibility.
Chair Hanson suggested indicating in the Ordinance that a highly visible material needs
to be used.
Motion bv Commissioner DeVine, seconded bv Commissioner Kilian to table
Ordinance #4 revisions to tbe next meetine:.
Page 4 of5
Ms. Moore-Sykes suggested adding language that the goose fencing should be
completely contained on the homeowner's own property.
VOTE: All in favor. Motion carried unanimouslv.
Ms. Moore-Sykes indicated Staff would like to discuss accessory structures and uses and
indicated she would put that on a future agenda for discussion.
Commissioner McLean asked to have a discussion concerning total lot coverage added to
a future agenda.
Commissioner DeVine asked that a'discussion regarding front porches be added to a
future agenda.
Mr. Thompson asked about parking on City streets over the curb.
Ms. Moore-Sykes indicated she had addressed that today. She then said that Ordinance
# 16 states that it is not allowed.
VII. CONSIDERATION OF MINUTES
I. August 6. 2002 Planning and Zoning Meeting Minutes
Motion bv Commissioner Wilharber, seconded bv Commissioner DeVine to approve
the Aue:ust 6, 2002 Meetine: Minutes as presented. All in favor. Motion carried
unanimous Iv.
Commissioner Helmbrecht asked that the adult ordinance be placed on the agenda for
review.
VIII. ADJOURNMENT
Motion bv Commissioner Wilharber, seconded bv Commissioner Kilian to adiourn
the September 3. 2002 Plannine: Commission Meetine: at 7:18 p.m. All in favor.
Motion carried unanimous Iv.
Transcribed by:
Joan Lenzmeier, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
Page 5 of5
,
....<
ervi{{e
'Esta6{isfied 1357
1880 :Main Street . CenteroilJe,:M9\[ 55038
(651) 429-3232 .:Fa;c (651) 429-8629
September 3,2002
Mr. & Mrs. Keith Jovanovich
7269 Old Mill Road
Centerville, MN 55038
Dear Mr. & Mrs. Jovanivich:
It has brought to the City's attention that a recently installed chain-link fence on your
property was placed directly on the property line without abutting neighbor's
permission/letter on file with the city as stated in Ordinance #4, Division 100: Fences.
Enclosed is a copy for your reference.
The City requests that you abate this violation within 30 days of the receipt of this notice.
Failure to do so will warrant the City to commence enforcement of same. Please fInd the
enclosed copy of Ordinance #4, Pages 58 & 59, Division 200 & Division 205.
Thank you for your prompt attention to this matter and if you have any additional
questions regarding this issue, please feel free to contact me.
Sincerely,
i~}z~-
t~~MoOre-SYkeS
City Administrator
KMS/tdb
Enclosures
Cc: Honorable Mayor and Council
r
I
I
I
.tervi{{e
'Estab{islied 1357
1880 'JIfaittStreet . Cetttervi<<e, 'MfA[ 55038
, (651) 429-3232 .:Far. (651) 429-8629
September 3, 2002
Mr. Charles Reinharet
1723 Meadow Lane
Centerville, MN 55038
Dear Mr. Reinharet:
It has been brought to the City's attention that you have barbed wire fencing located on
your property. Please find the enclosed copy of Ordinance #4, Page 34, Section 100-020:
Electric and Barbed Wire Fence pertaining to this issue. Your property is zoned R2A and
this type of fencing is a violation of the ordinance.
The City requests that you abate this violation within 30 days of the receipt of this notice.
Failure to do so will warrant the City to commence enforcement of same. Please find the
enclosed copy of Ordinance #4, Pages 58 & 59, Division 200 & Division 205.
Thank you for your prompt attention to this matter and if you have any additional
questions regarding this issue, please feel free to contact me.
Sincerely,
~-
City Administrator
KMS/tdb
Enclosures
Cc: Honorable Mayor and Council