HomeMy WebLinkAbout2002-05-07 P & Z Agenda
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PLANNING AND ZONING COMMITTEE/COU~CIL )Y
MEETING AGENDA 6'v \nl) .
TUESDAY, MAY 7, 2002 ,GU ~/~
6:30 p.m. Q, D "'.
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r:~ DISCS~~!2~}TE~; ~/) f
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L April 2, 2002 Planning and Zoning Meeting Minutes ., \ ~ .tp
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'iJ1} ~ STATE OF MINNESOTA
\ \S-. COUNTY OF ANOKA
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J Q~ \\ 0. ~'a CITY OF CENTERVILLE
Y:~ '\:t? ORDINANCE #71
AN ORDINANCE TO LICENSE AND REGULATE TATTOO AND BODY PIERCING SERVICES IN
THE CITY OF CENTERVILLE
.
CHAPTER 7100: DEFINITIONS
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or
requires a different meaning.
Board of Health - A Board of Health established under the provisions of M.S. 9 145A.03, as it may be
amended from time to time. If the city does not have a Board of Health, then this term means the authority
having the duties of a Board of Health in the city, including but not limited to the County Board of Health.
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Body Piercing - Includes ear piercing except when the ear piercing procedure is performed with an ear piercing
gun. E~~ r1ff~ h-tj.- -, tr e: {- ~/v-<-I-( tr--- --forv- Z'..-ftU.A CZ<it~ ,'-dLCl
Business - Any entity that provides services for compensation.
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Ear Piercing Gun - A mechanical device that pierces the ear by forcing a disposable single-use stud or solid
needle through the ear.
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Guardian - Has the same meaning as in M.S. 9 130.15.
Parent - Has the same meaning as in M.S. 9 130.15.
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Tattoo - Has the same meaning given in M.S. 9 609.2246, Subd. 2, as it mr be amended from time to time.
Minnesota Basic Code - Business Regulations
CHAPTER 7105: PROIDBITIONS
No person shall engage in the following:
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A.
Operates a business that offers tattooing or body piercing services unless the City Council of the
City of Centerville issues a license of operation to provide such services;
(c?~.
Perform a tattooing or body piercing procedure in a manner that does not meet the safety and
sanitation standards established by this Ordinance and any federal, state or local laws, rule or
regulations;
c.
Perform a tattooing procedure, body piercing procedure, or ear piercing procedure with an ear
piercing gun or other equipment generally used to provide any of the above mention procedures
in a manner that does not meet the standards for appropriate disinfection and sterilization of
invasive equipment or parts of equipment used in performing the procedures established by this
Ordinance and any federal, state or local laws, rules or regulations. (Penalty)
CHAPTER 1710: APPLICATION FOR LICENSE, FEES AND ISSUANCE
A. A person seeking approval to operate a business that offers tattooing or body piercing services
shall apply to the city on forms that the city or the Board of Health shall prescribe and provide.
The applicant shall submit all information the city and the Board of Health determines is
necessary to process the application. The applicant shall include the fee set by Council on an
annual basis through a fee schedule resolution or as established by the Board of Health.
B. To receive approval to offer tattooing or body piercing services, a business must demonstrate to
the Board of Health the ability to meet the requirements established by this Ordinance and any
federal, state or local laws, rules or regulations for safe performance of the tattooing or body
piercing procedures, training of the individuals who perform the procedures and maintenance of
records.
C. If the Board of Health determines, following an inspection conducted under Chapter 1715, that a
business meets the requirements for approval, it shall so advise the city. The City Council may
either approve or deny the license, or it may delay action for a reasonable period of time as
necessary to complete any investigation ofthe application or the applicant it deems necessary. If
the City Council denies the license, notice of the denial shall be given to the applicant along with
notice of the applicant's right to appeal the City Council's decision. Approval remains valid for
one (1) year unless earlier suspended or revoked under Chapter 7120, A business's approval
may be renewed. Approval is not transferable. (Penalty)
Tattoo and Body Piercing Services
CHAPTER 1715: INSPECTION OF FACILITIES
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The Board ~f"'B:ea1iit or a person or another body designated by the city, shall conduct at least one (I)
inspection of a business prior to approving the business under Chapter 1710 to offer tattooing or body piercing
services. The Board may conduct additional inspections as necessary for the approval process. The Board of
Health may inspect an approved business at any time the Board considers necessary. In an inspection, the
Board of Health shall be given access to the business's premises and to all records relevant to the inspection.
(Penalty)
CHAPTER 1720: SUSPENSION OR REVOCATION OF LICENSE
The City Council may suspend or revoke the approval of a business to offer tattooing or body piercing services
at any time it determines that the business is being operated in violation of this Ordinance or any federal, state
or local laws, rules or regulations. Proceedings for suspensions and revocations shall be conducted in
accordance with rules adopted in reference chapter/ordinance for suspension or revocation of business licenses.
CHAPTER 1725: CONSENT FOR PERFORMING PROCEDURES ON PERSONS UNDER 18
A. No person shall perform a tattooing procedure, body piercing procedure or ear piercing
procedure with an ear piercing gun on an individual who is under 18 years of age unless consent
has been given by the individual's parent, guardian or custodian in accordance with division (b)
of this section. The consent must include both the custodial and non-custodial parents, where
applicable.
B. A parent, guardian or custodian of an individual under age 18 who desires to give consent to a
business to perform on the individual under age 18 a tattooing procedure, body piercing
procedure, or ear piercing procedure performed with an ear piercing gun shall do both of the
following:
I. Appear in person at the business at the time the procedure is performed;
2. Sign a document provided by the business that explains the manner in which the
procedure will be performed and methods for proper care of the affected body area
following performance of the procedure. (Penalty)
CHAPTER 1725: PROHIBITIONS RELATING TO PERSONS UNDER 18
A. 1. Unless consent has been given in accordance with Chapter 1720, no individual who is
under age 18 shall obtain or attempt to obtain a tattooing service, body piercing service or
ear piercing service performed with an ear piercing gun or other equipment generally
used to provide such procedures.
2. No individual who is under age 18 shall knowingly show or give false information
concerning the individual's name, age or other identification for the purpose of obtaining
a tattooing service, body piercing service or ear piercing service performed with an ear
piercing gun or other equipment generally used to provide such procedures.
B. 1. No individual shall knowingly show or give any false information as to the name,
age or other identification of an individual who is under age 18 for the purpose of
obtaining for the individual under age 18 a tattooing service, body piercing
service or ear piercing service performed with an ear piercing gun or other
equipment generally used to provide such procedures.
2. No individual shall impersonate the parent, guardian or custodian of an individual
who is under age 18 for the purpose of obtaining for the individual under age 18 a
tattooing service, body piercing service or ear piercing service preformed with an
ear piercing gun or other equipment generally uscd to provide such procedures.
(Penalty)
CHAPTER 1730: DEFENSES TO VIOLATIONS
A. An operator or employee of a business that performs tattooing services, body piercing
services or ear piercing services performed with an ear piercing gun or other equipment
generally used to provide such procedures may be found guilty of a violatiobn of Chapter
1710 or any federal, stated or local laws, rules or regulations in which age is an element
of the provisions if:
1. The individual obtaining a tattooing service, body piercing service or ear
piercing service performed with an ear piercing gun or other equipment
generally used to provide such procedures at the time of so doing,
exhibited to the operator or employee of the tattooing, body piercing or ear
piercing business a driver's or commercial driver's license or an
identification card issued under state law showing that the individual was
then at least age 18; and
2. The operator or employee made a bona fide effort to ascertain the true age
of the individual obtaining a tattooing, body piercing or ear piercing
service by checking the identification presented, at the time of service, to
ascertain that the description on the identification compared with the
appearance of the individual and that the identification has not been
altered in any way; and
3. The operator or employee had reason to believe that the individual
obtaining a tattooing, body piercing or ear piercing service was at least age
18.
B. In any action or proceeding before a court of record in which a defense is raised under
this Ordinance, the Registrar of Motor Vehicles or the Registrar's Deputy who issued the
driver's or commercial driver's license or an identification chard shall bc permittcd to
submit certified copies of the records, in the Registrar's or Deputy's possession, of the
issuance in lieu of the testimony of the personnel of the Bureau of Motor Vehicles at the
hearing, action or proceeding.
CHAPTER 1735: TRAINING STANDARDS, RECORDS, SAFETY AND SANITATION EQUIPMENT
A. Each operator of a business that offers tattooing or body piercing services shall do all of the
following:
1. Maintain procedures for ensuring that the individuals who perform tattooing or body
piercing procedures are adequately trained to perform the procedures properly; and
2. With respect to tattooing services, maintain written records that include the color,
manufacturer and lot number of each pigment used for each tattoo performed; and
3. Comply with the safety and sanitation requirements for preventing transmission of
infections diseases, as established in any federal, state or local laws, rules and
regulations; and
4. Require the individuals who perform tattooing and boy piercing procedures to disinfect
and sterilize all invasive equipment or parts of equipment used in performing the
procedures by using methods that meet the disinfection and sterilization requirements
established in any federal, state or local laws, rules or regulations; and
5. Ensure that weekly tests of the business's heat sterilization devices are performed to
determine whether the devices are functioning properly. In having the devices tested, the
operator of the business shall use a biological monitoring system that indicates whether
the devices are killing microorganisms. If a test indicates that a device in not functioning
properly, the operator shall take immediate remedial action to ensure that heat
sterilization is being accomplished. The operator shall maintain documentation that the
weekly tests are being performed. To comply with the documentation requirement, the
documents must consist of a log that indicates the date on which each test is performed
and the name of the person who performed the test or, if a test was conducted by an
independent testing entity, a copy of the entity's testing report. The operator shall
maintain records of each test performed for at least two (2) years.
B. Each operator of a business that offers ear piercing services performed with an ear piercing gun
shaH require the individuals who perform the ear piercing services to disinfect and sterilize the
ear piercing gun by using chemical solutions that meet the disinfection and sterilization
requirements established in any federal, state or local laws, rules or regulation.
C. Each operator of a business that offers body piercing services perfomled with equipment
generally used to provide such procedures to disinfect and sterilized the equipment by using
chemical solutions that meet the disinfection and sterilization requirements established in any
federal, state or local laws, rules or regulation.
Passed and adopted by the City Council of the City of Centerville, Minnesota, this
,2002
day of
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ORDINANCE #70 / (\ JJ \--, VrJ "" ~
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AN ORDINANCE TO LICENSE AND REGULATE SAUNAS AND MASSAGE PARLORS IN ); 1-,\ D
THE CITY OF CENTERVlLLE ~ ;J
STATEMENTOFPOLlCY~~V'-':~ ckLLfe>Jt ~
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The City Council O~th ity of Centerville deems it necessary to provide for tlle Dllllaiftl u.ud <;xfh "'~~ \J'J' ~.
regulation of busin s or commercial enterprises which operate as mas-sage parlors, saunas and ~
similar adult~ne~!~jservices operating under different names in order to protect the public health,
safety and welfure and to guard against the inception and transmission of disease. The City Council
further finds that commercial enterprises such as the type described above, and all other similar
establishments whose services include sessious offered to adults, conducted in private by members of
the same or the opposite sex and employing personnel with no specialized training are susceptible to
operation in a manner contravening, subverting or endangering the morals of the community be being
,the site of acts of prostitution, illicit sex and occasions of violent crimes, thus requiring close
inspection, licensing and regulation.
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF CENTERVILLE
The City Council also finds that control and regulation of commercial establishments of these types, in
view of the abuses often perpetrated, require intensive efforts by the Police Department and other
departments of the City. As a consequence, the concentrated use of City services in such control
detracts from and reduces the level of service avaiIable to the rest of the community and thereby
diminishes the ability of the City to promote the general health, welfure, morals and safety of the
community.
DEFINITIONS
As used in this ordinance the terms defined shall have the meanings ascnbed to them.
Business License - A license issued by the City authorizing the practice or administering of massage
or the operation of a sauna on premises within the City of Centerville.
Massaee - The rubbing, stroking, kneading, tapping or rolling of the body of another with the hands
for the exclusive purpose of physical fitness, relaxation, beautification and for no other purpose.
Massage Certificate - A certificate issued by the City to a masseur or masseuse authorizing the holder
thereof to practice or administer massage in the City of Centerville.
Massaee Parlor - Any premises at or in which massage is performed.
Masseuse - A male person who practices or administers massage.
Masseuse - A female person who practices or administers massage.
Sauna - A steam bath or heat bathing room used for the purpose of bathing, relaxing or reducing agent
utilizing steam or hot air as a cleaning, relaxing or reducing agent.
DISTINGUISHED
The practice of massage is hereby declared to be distinct from the practice of medicine, surgery,
osteopathy, chiropractic, physical therapy or podiatry and person duly licensed in this State to practice
medicine, surgery, osteopathy, chiropractic, physical therapy or podiatry and nurses who work solely
under the direction of such persons, are hereby expressly excluded from the provisions of this
Ordinance. Beauty culturists and barbers who do not give or hold themselves out to give massage
treatments, as defined herein, other than is customarily given in such shops or places of business for
the purpose of beautification only shall be exempt from the provisions of this Ordinance.
AtWetic directors and trainers who perform massages in the course of any athletic program or event
which is sponsored by a local unit of govermnent, bona fide educational institution complying with
state or local regulations, bona fide churches, synagogues or institutions of organized religion or bona
fide, non-profit civic organizations are expressly excluded from the requirements of this Ordinance
provided that the perfurming of massages is subsidiary to the performing of other services and tasks.
BUSINESS LICESE REQUIRED
No person shall engage in the business of operating a sauna or massage parlor either exclusively or in
connection with any other business enterprise without obtaining a business license as provided in this
Ordinance.
Whenever any establishment ceases to be licensed as a massage parlor or sauna whether through the
suspension, cancellation, revocation, non-renewal or lapse of its license, its owners shall immediately
remove from public view any sign or display which identified the establishment as being a sauna or
massage parlor or as offering sauna or massage services.
CONTENTS OF APPLICATION FOR BUSINESS LICENSE
Application for a business license shall be made only on the forms provided by the City Clerk. Four
(4) complete copies of the application shall be furnished to the office of the City Clerk containing the
following information:
A.
address and legal description of the property to be used;
B.
the names, addresses and telephone numbers of the owner, lessee, if any, and the
operator or manager;
\f
the name, address and telephone number of two (2) persons who shall be residents of
Anoka County and who may be called upon to attest to the applicant's, manager's or
operator's character;
D.
whether the applicant, manager or operator has ever been convicted of a crime or
offunse other than traffic offense and, if so, complete and accurate information as to the
time, place and nature of such crime or offunse including the disposition thereof;
I _
E. the names and addresses of all creditors of the applicant, owner, lessee, or manager
insofar as and regarding credit which has been extended for the purposes of
constructing, equipping, maintaining, operating or furnishing or acquiring the premises,
personal effix:ts, equipment or anything incident to the establishment, maintenance and
operation of the massage parlor or massage establishment;
F. if the application is made on behalf of a corporation, joint business venture, partnership
or any legally constituted business association, it shall submit along with its application,
accurate and complete business records showing the names and addresses of all
individuals having an interest in the business, including partners, officers, owners
managers, members of the board of directors, and creditors furnishing credit fur the
establishment, acquisition, maintenance and furnishing of said business including the
purchase or acquisition of any items of personal property for use in said operation;
G. complete and accurate documentation establishing the interest of the applicant and any
other person having an interest in the premises upon or in which the business is
proposed to be located in the form of a lease, deed, contract for deed, mortgage deed,
mortgage credit arrangement, loan agreements, security agreements and any other
documents establishing the interest of the applicant or any other person in the operation,
acquisition, or maintenance of the enterprise offering massage;
H. the application shall also contain blueprints, diagrams, plans, layouts and the like
showing the construction, revision, remodeling, alteration or additions of or to the
premises and specifically showing the layout, design and arrangement of the bathing
and restroom fucilities and the size and type of equipment and facilities to be used.
BUSINESS LICENSE FEE, LICENSE INVESTIGATION FEE AND LICENSE YEAR
The investigation fee shall be set by Council on an annual basis through a fee schedule resolution along
with the annual license fee. A license unless revoked, is for the calendar year or a part thereof, for
which it has been issued. The license fee and :tee for the investigation of the license application shall
be paid when the application is filed. In the even that the application is denied or the license, once
issued, is revoked, cancelled or surrendered, no part of the annual license fee and investigation fee
shall be returned to the applicant unless by express action of the City Council. A separate license shall
be obtained each year for each place of business. The licensee shall display the license in a prominent
place in the licensed premises at all times. A license for the operation of a massage parlor or sauna is
nontransferable.
GRANTING OR DENIAL OF LICENSES
License applications shall be reviewed by the Police Department and such other departments, as the
City Clerk shall deem necessary. The review shall include any inspection of the premises covered by
the application by the Building Inspector and Fire Department to determine whether the premises
conforms to all applicable Code requirements. Recommendations shall be made in writing to the City
Clerk. Thereafter, licenses shall be granted or denied by the City Council subject to the provisions of
this Ordinance. The applicant may appeal to the City Council.
CONDITIONS GOVERNING ISSUANCE OF A BUSINESS LICENSE
1. No business license shall be issued if the applicant or any of its owners, lessees,
managers, employees or agents is a person ofbad repute.
2. Business licenses shall be issued only if the applicant and all of its owners, lessees,
managers, employees and agents are free of convictions for offenses which involve
moral turpitude or which relate directly to such person's ability, capacity or fitness to
perform the duties and discharge the responsibilities oftbe licensed activity.
3. Licenses shall be issued only to applicants who have not, within one (1) year prior to the
date of application, been denied licensure; or who have not within such period had their
license revoked.
4. License shall be issued only to applicants who have answered fully all of the
information requested in the application, have paid the full license fee and have
cooperated with the City in review of the application.
5. A license shall not be granted to an applicant who is under the age of 18 years.
6. Licenses may be granted only for locations with business zones allowing similar
activities.
7. Licenses may be granted only to establishments which can meet the safety, sanitary and
building code requirements of the City.
8. A license shall not be granted if granting the license (a) would be inconsistent with the
comprehensive development plan of the City, or (b) would otherwise have a detrimental
effect upon the property or properties in the vicinity.
CONSTRUCTION AND MAINTENANCE REQUIREMENTS
A. Each licensed premises shall have a separate restroom for members of each sex.
B. Floors, walls and equipment in massage rooms, restrooms and bathrooms must be kept
in a state of good repair and sanitary condition at all times. Linen and other materials
shall be stored at least twelve inches off the floor.
C. Individual lockers shall be made available for use by patrons, with each locker having
separate keys for locking.
D. Each licensed premises shall provide adequate refuse receptacles, which shall be
emptied as often as required.
E. The doors to the individual massage rooms shall not be equipped with any locking
device nor shall they be locked or obstructed from either side of the door. Each individual massage
room shall contain a private dressing area with hot and cold running water. Clean towels, washcloths
and linens must be available for each customer.
F. Main entrance doors to the premises shall be unlocked at all times during business
hours.
MASSAGE CERTIFICATE REQUIRED
No person shall perfurm massage services within the City without a massage certificate as provided in
this Ordinance.
CONTENTS OF APPLICATION FOR MASSAGE CERTIFICATE
An application for a massage certificate shall be made only on forms provided by the City. The
application shall contain the following information together with any other infonnation the City may
require:
A. Evidence of the applicant's educational qualifications, including originals or certified
copies of degrees, diplomas or certificates, if any, including proof of receiving at least
100 hours of certified therapeutic massage training recognized and accepted by a state
or national professional therapeutic massage organization.
B. Evidence of applicant's practical qualifications to practice massage.
C. The names and addresses of two (2) persons, residents of Anoka County, who may be
referred to as to the applicant's character.
D. Whether the applicant has ever been convicted of a crime or offense other than a traffic
offense and if so, information as to the time, place and nature of such crime or offense.
E. Evidence in the form of a current certificate from a licensed physician practicing in
Minnesota indicating (i) that within the past thirty (30) days the physician has examined
the applicant, and (ii) that such examination was for the purpose of determining whether
the applicant had any communicable disease and (iii) that as a result of such
examination he believes that applicant is not suffuring from any communicable disease
which would disqualifY the applicant from engaging in the practice of massage.
CERTIFICATE FEE, CERTIFICATE INVESTIGATION AND CERTIFICATE YEAR
The investigation fee shall be determioed by City Council on an annual basis through a fee schedule
resolution along with the annual certificate fee. The certificate year shall be the calendar year and a
certificate shall be valid for the remainder of the calendar year in which it is issued. The certificate fee
and fee fro investigation for the certificate shall be paid when the application is filed. In the event that
the application is denied or that the certificate, once issued, is revoked, cancelled or surrendered, no
part of the annual certificate fee and investigation fee for the issuance of a certificate shall be returned
to the applicant unless by express action of the City Council. A separate certificate shall be obtained
each year. The certificate holder shall display the certificate in a prominent place in the licensed
premises at all times. A certificate permitting the holder thereof to practice massage is nontransferable.
INVESTIGATION OF APPLICATION
Certificate Applications shall be reviewed by the Police Department, which shall :furnish written
recommendations to the City Clerk. Thereafter certificates shall be granted or denied by the City
Council subject to the provisions of this ordinance. The applicant may appeal to the City Council.
CONDITIONS GOVERNING ISSUANCE OF A MASSAGE CERTIFICATE
A. Certificates shall be issued only to persons who have received and can furnish proof of
receiving at least 100 hours of certified therapeutic massage training recognized and
accepted by a state or national professional therapeutic massage organization.
B. Certificates shall be issued only to persons of good repute and persons who are in good
health and free from any communicable diseases, which would disqualllY the applicant
from engaging in the practice of massage.
C. Certificates shall be issued only to persons free of convictions for offenses which
involve moral turpitude or which relate directly to such person's ability, capacity or
fitness to perform the duties and discharge the responsibilities of the occupation.
D. Certificates shall not be issued to persons who have, within one (1) year prior to the date
of application, been denied certification; or who have had his or her certificate revoked
or surrendered in or by any political subdivision, municipality or by the State of
Minnesota
E. Certificates shall be issued only to applicants who have fully and truthfully answered all
of the information requested in the application, have paid the full certificate fee and
certification investigation fee.
RESTRICTIONS AND REGULATIONS
A. No business licensee shall employ any person as a masseur or masseuse without first
insuring that said employee possesses a valid certificate for the administration or
practice of massage. The certificate shall be prominently and openly displayed on the
premises.
B. The licensed premises shall not be open or in operation between the hours of 11 :00 p.m.
and 8:00 am. on the succeeding day nor shall any person engaged in the practice of
massage be on said premises or perform any massage or administer any such services
between the hours of 11 :00 p.rn. and 8:00 a.In. on the succeeding day.
C. The licensee, masseuse, or masseur and any persons in their employ or agents or
officers thereof and any and all persons with interest in said business shall comply with
all applicable ordinances, regulations and laws of the City of Centerville, the Stated of
Minnesota and the United States Government.
D. If the licensee is a partnership or corporation, the licensee shall designate a person to be
manager and in responsible charge of the business. Such person shall remain
responsible for conduct of the business until another suitable person has been designated
in writing by the licensee. The licensee shall promptly notuy the police department in
writing of any change in manager indicating the name, address and telephone number of
the new manager and the effective date of such change.
E. Every licensee shall permit and allow an examination and inspection of every part of the
premises by a police, fire or other authority of the City during normal business hours six
(6) times each year. Refusal to allow such inspection or to answer the request of City,
police, fire or other authority to be admitted to a licensed premises shall be grounds for
suspension or revocation of all licenses.
F. Any person acting as a masseur or masseuse shall have his or her certificate displayed in
a prominent place at his or her place of employment and upon demand by any police
officer or other authorized officer or agent of the City of Centerville, any person
engaged in practicing massage shall identifY himself or herself giving his or her true
legal name, correct address and telephone number.
G. Any person practicing massage within the City of Centerville shall initially advise the
City of his or her address and telephone number and shall further advise the City of any
changes in address or telephone number within thirty (30) days of such change.
H. Any person practicing massage within the City may do so only at premises which are
licensed for the conduct of such business as herein provided and further, any person
practicing massage shall inform the City of any changes in employment or the location
ofhis or her employment within the City within seven (7) days after such change.
I. Every person to whom a massage certificate is issued shall appear personally at the
Police Department to receive deliver of the certificate and upon such appearance shall
be photographed for identification purposes. One (1) copy of the photograph shall be
permanently affixed to the certificate and a second copy thereof shall be kept in the files
of the Police Department.
1. Price relates for all services shall be prominently posted in the reception area in a
location available to all prospective customers.
HEALTII AND DISEASE CON1ROL
No person while afilicted with any disease in a communicable form or while a carrier of such disease
or wounds, sores or any acute respiratory infection shall work in or use the services of any public
massage room and no person known or suspected of being afilicted with any such disease or condition
shall be employed or permitted in such area or capacity.
REVOCATION, SUSPENSION OR NONRENEWAL OF BUSINESS LICENSE OR MASSAGE
CERTIFICATE
The business license or massage certificate may be revoked, suspended or not renewed by the City
Council upon recommendation of the City Clerk by showing that the licensee, its owners, managers,
employees, agents or any other interested parties, as enumerated in xxxxxxxx with the exception of
creditors, or the masseur or masseuse have engaged in any of the following conduct:
A. Fraud, deception or misrepresentation in connection with the securing of the license.
B. Habitual drunkenness or intemperance in the use of drugs including but not limited to
the use of drugs, defined in Minnesota Statutes, Section 618.01, barbiturates,
hallucinogenic drugs, amphetamines, Benzedrine, Dexedrine or other sedatives,
~
depressants, stimulants or tranquilizers.
C. Engaging in conduct involving moral turpitude by permitting or allowing others within
their employ or agency to engage in conduct involving moral turpitude or fulling to
prevent agents, officers or employees in engaging in conduct involving moral turpitude.
D. Failure to fully comply with any requirements of the City Code of the City of
Centerville regarding the sanitary and safety conditions, zoning requirements, building
code requirements or ordinances, the violation of which involves more turpitude, or
fuilure to comply fully with my requirements of this Ordinance.
E. Conviction of m offense involving moral turpitude by my court of competent
jurisdiction.
F. Engaging in my conduct, which would constitute grounds for refusal to issue a business
license or massage certificate herein.
APPEALS
The licenses or massage certificate holder may appeal such suspension, revocation or non-renewal to
the City Council. The Council shall consider the appeal at the next regularly scheduled Council
meeting on or after ten (l0) days from service of the notice of appeal on the City Clerk. At the
conclusion of the hearing, the Council may order:
A. That the revocation, suspension or non-renewal be affirmed.
B. That the revocation, suspension or non-renewal be lifted and that the license or
certificate be reinstated.
C. The City Council may base either suspension or issuance of the license or certificate
upon my additional terms, conditions and stipulations which it may, in its sole
discretion, impose.
LIABILITY FOR CRIMES OR ANOTHER
Every person who commits or attempts to commit, conspires to commit or aids and abets in the
commission of my act constituting a violation of this Ordinance or any act which constitutes an
omission md therefore, a violation of this Ordinance whether individualIy or in connection with one or
more persons or as a principal, agent or accessory shall be guilty of such offense and every person who
falsely, fraudulently, forcibly or willfully induces, causes coerces, requires, permits or directs mother
to violate any of the provisions of this Ordinance is likewise guilty of such offense.
PENALTIES
Whoever does any act forbidden by this Ordinance or omits or fuils to do any act required by this
Ordinance shall be guilty of a misdemeanor.
SEVERABILITY
Every section, provision or part of this Ordinance is declared separable from every other section,
provision or part to the extent that if any section, provision or part of this Ordinance shall be held
invalid, such holding shall not invalidate any other section, provision for part thereof.
Passed and adopted by the City Council of the City of Centerville, Minnesota, this
day of
,
'Esta6[islietf 1857
STAFF REPORT
DATE:
May 7, 2002
TO:
Planning and Zoning Commission
Kim Moore-Sykes, City Administrator ;::h6
FROM:
RE: Variance Request for 171 0 Peltier Lake Drive
............................................................................
Tracy and Kathryn Tratar, property owners of 1710 Peltier Lake Drive, are requesting
that they be granted a variance of 11 feet in order to construct an attached two-car garage.
This residential lot is a comer lot and as such under the current Ordinance #4, is required
to adhere to the 35-foot front yard setbacks fur each side of the lot that abuts a street.
Because of this requirement, Mr. and Mrs. Tratar are precluded from building an attached
two-car garage to their principal structure. They appeared before the Planning and
Zoning Commission and requested that the Commission recommend to the City CoUncil
that Ordinance #4 be amended to require only one front yard setback on a corner lot.
Becanse revising ordinances is an arduous and lengthly process, the Tratars have decided
to apply for a variance so that if approved, they might build their attached garage during
the current building season.
ANALYSIS
In considering this request, the Planning and Zoning must review an application for
variance using the fullowing criteria:
1. Because of the particular physical surroundings, shape or topographical
conditions of the parcel or lot, the proposed variance would relieve an undue
hardsbip, as distinguished from a mere inconvenience, should the applicable
ordinance be strictly enforced.
This criterion applies to the Tratars in that they own a corner lot. The shape of
their lot prevents them from buildjng an attached garage to their single-family
structure. Granting an Il-foot variance would relieve an undue hardship in that
they are not currently able to have a two-car garage as a part of their principal
structure.
2. The purpose of the proposed variance is not based exclusively upon a desire to
increase the value or income potential of the parcel ofland, but would correct
L __ _ _ _
,
extraordinary circumstances applicable to thls property but not applicable to
other property in the vicinity or zoning district.
The Tratars are interested in building a two-car garage for the storage of their
vehicles and to conform to the surrounding properties as well as the Ordinance.
Ordinance #4, Division 40: Sinele Familv DweJJine Reauirements states that all
single family, detached dwellings shall be constructed according to the folluwing
minimum standards: "c. All single-family, detached dwellings shall have
attached garages. " (p. 22 of 77) Any increase in property value would be
secondary and as a consequence of improving their property.
3. The hardship is deemed to be caused by the City Ordinance and has not been
created by any persons presently having an interest in the parcel of land.
The hardship that the Tratars are trying to address by their variance request was
caused by the City's Ordinance requirements for corner lots. Corner lots are
required to have front yard setbacks for each side of the lot that abuts a street.
(!l.ivision 120: Yards Section 120-010: General Requirements.; B. Lots which
abut on more than one (1) street shall provide the required front yards along
each street P. 43 of 77) Front yard setbacks are set at 35 feet and as such corner
lots must have a front yard setback 35 feet for each side of the lot that abuts a
street. In viewing the Tratar's site drawing, they are not able to get an attached
two-car garage built onto their home if they are required to adhere to the corner
setback requirements.
RECOMMENDATION
Staff recommends that the Planning and Zoning vote to recommend to the City Council
that the II-foot variance be granted to the Tratars for the construction of a two-car
garage.
.
f~~~ 377
4~;60
CITY OF CENTERVILLE
APPLICATION FOR VARIANCE OR REZONING
VARIANCE
~
*FEE
il7 7b~
11 t.f /Z-t!6Z-
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REZONING
DATE
PAID
STREET LOCATION OF PROPERTY: li)O ~e.\\i \2, LCif::.P \"j';\l\i
LEGAL DESCRIPTION OF PROPERTY: \)e..l ~, Q, l~~ \' Q \..\; Ib '\\~ I ,,+
6\Ul.'L I
SIZE OF PARCEL(S)
PROPERTY OWNER: \""\-c\ \..,' a.- l\0.~h"'i\~LAlV
I I'
PRONE 41 (0'') 1- '-12 Ci - " i k~-
FEE OWNER:
ADDRESS: Illb ~QI+iJ(r Lv.t..Q. '0ri\Ji!_
APPLICANT'S INTEREST IN PROPERTY:
FEE OWNER
CONTRACT PURCHASER
LEASE HOLDER
OPTION TO PURCHASE
::)Pli. ~~4.r"c:
DESCRIPTION OF REQUEST:
REASON FOR REQUEST:
~ (lj) ~,d'\.cl.
-
Sign~~~
<Sa JIJ1e
Signature of property owner
&f-Lj - dd-
Date
* Plus any additional costs
incurred for engineering,
legal fees, publication
or other requirements.
Description of Request:
Request variance of 11' feet to comer lot setback requirements of 35' from each street .
right of way. t1 (
.
Reason for Request:
1. With current set back requirements a usable two car attached addition cannot be
feasibly be built on our property. We have looked into turning garage to face
Centerville Road and feel that a variance would still be required. With setbacks
of 35' from streets and 10' from side and back lots, we can only use less than 38
% of our lot without a variance.
2. All other properties in area have a minimum of a two-car garage. We feel that by
granting this variance, a two-car addition facing the front of property would best
conform to other houses in the area.
3. Other comer lots nearby have been granted variances that are even more than
what we are requesting. (See attached)
4. By granting this 11' variance from the side street (Centerville Rd), we feel that it
would not impair or diminish surrounding area. Proposed addition would be 85
feet from the back yard neighbor. Peltier Lake Drive has a stop sign at
Centerville Road and Centervil1e Road has a sharp turn approximately 100 feet
from corner. So traffic has to stop or slow down significantly while approaching
this corner.
Respectfully Submitted,
Tracy and Kathy Tratar
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.rHA(;Y & KA'PHY
'l'I:{A'l'AR
December 4, 2001
Dear City otCenterville Officials,
1110 PeIUerLake Orlve
CenteMlle. MN 55038
651-429-3189 (Home)
851-429-6284 (Wall<>
TJTnltar@h.otmaU.com
The following are some oftha se1backs that we have measured that we teel are currently undertha current
ordinance for comer lot setbacks.
Comer
Peltier I.k Dr & Peltier I.k CIr
Mill Rd & 73rd Ave
Mill Rd & 73rd Ave
73rd Ave & Peterson Trf
Prairie Dr & Peterson Tri
Prairie Dr & Mill Rd
Steven In & Mill Rd
Meadow In
Center St & Pheasant In
Centerville Rd & Peltier I.k Dr
Location
SWCmr
NECmr
SECmr
S ECmr
SECmr
5 ECmr
SWCmr
SWCmr
SWCmr
NECmr
Measurement from Feet from Curb
East 34' 6"
SoUth 28' 3"
North 26' 6"
Eas! 43'
West 43'
North 43'~
North 33'
North 42'
North 35'
West 35'6"
Please note that these are comer lots with attached lots and mainly in the area wbich we live. We did not
measure those comers that are near downtown area since these are older homes and Obviously closerthan
the se1backs that we are seeking.
We also did not measure the new duplexes located where the tree lot used to be. Those properties are well
short of the 35' setback required byR-2 zoning. Wby can these homes have such less setbacks from street?
All we are tJyingto do is build toward the side street in the same manner as our neighbor across the street
from us and to the east (comel1 of us. Most of the comer homes in our immediate area that are as old as ours
are closer to the side streetthan we seek to build.
We are asking the Centerville city council along with planning and zoning commission to either 1) change
current setback ordinances to bring most of the above homes within compliance and allow us to also build to
these standards or2) advise us on how to build in the same mannerthat my nearfly neighbors have.
We believe that adjusting the side street setback for a prime structure to 20' will not adversely affect
appearance of any nelghbomoOd within Centemlle.
Sincerely,
Tracy Tratar
KathyTratar
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City ofCenterviUe
1880 Main Street
Centerville, MN 55038
Attention City Administrator Kim Moore-Sykes
May 01,2002
SUBJECT: Variance Request, Mr. & Mrs. Tracy Tratar, May 07, 2002 P & Z meeting.
Dear Kim Moore-Sykes;
Business issues prevent me foc attending the meeting, however I support the issuance of a variance to
allow bwlding of an attacbed two-car garage.
Approval of variance request should be tied to special circumstances. The following items are my
reasoning to approval this variance;
A. I watched this development being built twenty years ago. Most of the homes were what I call a starter
home, a first home for a young couple. The plots were arangerd to have garages, but for many reasons,
some were not built at home construction time. As time proceeded the development's residents and
Centerville grew up. I think all of the homes now have garages but this one. An example of the
neighborhood setbacks and plot lines can be viewed by looking to the next lot north. These long time
owners and lot should be grand fathered in to allow the same look as the rest of the neighborhood.
B. This comer lot arrangement is such that a detached garage could be bwlt in the southeast comer of the
lot. This southeast corner detached garage would be in direct conflict with Ordinance #4, Division 40:
part C "All single-family detached dwellings shall have attached garages. " You need look to the lots
south to see detached garages. This City requirement alone provides special status 10 allow a city
preferred variance to have an attached garage verses a detached garage.
C. The neighborhood has grown up, but since the home construction, the question has always been
"when will the home be completed?" Tbe house is lacking without a double garage like all the other
homes in the area.
Swnmary
I would approve special variance on the grounds; the home needs a garage to blend into the
neighborhood, the city's guidelines request attached verses a detached building, the variance would be
within the layout of the current neighborhood and of the original neighborhood plotlines.
I would add the addition of a timetable foc the driveway installion. The addition of a garage would
require the owner to install a driveway and this would reduce the yard mud from entering the roadway.
w~
Richard Thompson
1657 Peltier Lake Drive
Centerville, MN 55038
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~~ W.eM <:;;u:e
Mission:
Prevent flooding and enhance water quality
in harmony with development lor the common good.
HeNNePIN
COUNTY
ANOKA
COUNTY
RICE CREEK
WATERSHED
DISTRICT
Administrative Office:
Suite 330 Arden Plaza
3585 N Lexington Avenue
Arden Hills MN 55126-8056
Phone: (651) 766-4191
Fax: (651)766-4196
PERMIT INFORMATION
Rev. AprH 1999
The Rice Creek Watershed District encompasses 201 square miles of Anoka, Hennepin, Ramsey, and
Washington Counties and was established by the Minnesota Water Resources Board on January 18, 1972.
The District boundary approximates the natural watershed area tributary to Rice Creek. Updated Rules and
Regulations were adopted by the Board of Managers on August 12, 1998. Additional policies of the District
are included in District's Watershed Management Plan. The general policies outlined in these documents
conform to those expressed in MS 103B and 1030. The District provides a legal and financial authority to
regulate activities which have the potential to affect the water resources of the District.
The District has adopted a permit program which requires property owners to obtain approval for the
following plans:
. Land Development (land subdivision)
. Final Site Drainage
. Rough Grading
. Appropriation of Public Waters
. Bridge andlor Culvert Construction
. Wetland Alteration
. Shoreland Alteration
. Public and Private Drainage Systems
In addition, projects sponsored by govemmental units must be reviewed by the Board. of Managers.
Preliminary plans must be submitted for town, city, county, or other governmental entity projects listed above
and any road, trail, or utility construction. Permits are generally required of the contractor hired to perform
the work if the government project will impact the water resources of the District.
The Board of Managers meets regularly on the fourth Wednesday of each month to act on permit
applications. Complete applications must be submitted thirteen (13) calendar days prior to the meeting date
for consideration at the meeting. Applicants must present all of the items below prior to consideration by the
Board:
o Completed permit application signed by the landowner (or contractor on government projects).
o All necessary maps, plans, specifications, and calculations in triplicate. Additional information
may be required by the District after the initial review.
o Permit fees per the fee schedule on page 4. A refundable cash performance surety
will also be required. f\u..ssi.~<. . ~. .
P~tt-~ f;~~ . c:l.
/Q7&' W~tv/~~ .~f"'O
~~'-
/MI ~ ~ ~frUt&P c0.d~>
~q ~ - '/3 ~ ~7..-- -Iv IfHL tt..J~kj-
if e./:!7..i./~-V ~5L +tt.e&f- ~~ /-<k~ t&u ~.f hr-
MI./~ fa.tG +tt.e- '-1~~ '-i~ h-- t'4-<~ .~
Land Development Plans
Land Development Plans are any proposal to subdivide
land. Permit approval is required for:
1. Residential land development plans greater than 5
acres.
ir'ldustrial, commercial, and multi-unit residential
plans greater than 2.5 acres.
Subdivision of any size located within:
. 1 OO-year floodplain.
. 1,000 feet of a public water or protected
wetland, or any parcel containing wetland.
300 feet of Rice Creek, a major tributary
to Rice Creek, or a county or judicial
ditch.
Areas with slopes exceeding 15%.
2.
3.
.
.
Applications for Land Development Plans must include:
*A. Stormwater Management Plan (see page 3).
*8. Grading & Sediment-Erosion Control Plan (see p.
3).
C. Preliminary plat or certificate of survey granting
easements over all hydrologic features such as
floodplain, wetlands, ditches, ponds, and swales.
. A and 8 are required only for land splits where
construction is proposed.
Wetland Alteration Plans
Permit approval Is required for any activity that may affect
the size, shape, or character of a wetland.
Proposals for wetland alterations must include:
A. Narrative describing purpose of project and efforts
taken to avoid or minimize wetland Impacts.
B. Grading & Sediment-Erosian Control Plan (see
page 3) showing existing and proposed elevations
for wetland and spoil disposal areas.
C. Wetland delineation and support documentation in
accordance with WCA rules.
D. Wetland Replacement Plan application for
projects involving fill or drainage.
Public and Private Drainage Plans
Construction, improvement, or repair of public or private
drainage systems (open or tiled) requires permit approval.
Exhibits necessary to accompany the permit application
include:
A. Map showing location of project and tributary
area.
B. Existing and proposed cross sections and profile
of affected area.
C. Description of bridges or culverts required.
D. Narrative describing wetland impacts and affects
on water levels above and below the project area.
,
Public and Private Drainage Plans
Construction, improvement, or repair of publiC or private
drainage systems (open or tiled) requires permit approval.
Exhibits necessary to accompany the permit application
include:
A. Map showing location of project and tributary
area.
8. Existing and proposed cross sections and profile
of affected area.
C. Description of bridges or culverts required.
D. Narrative describing wetland impacts and affects
on water levels above and below the project area.
Final Site Drainage Plans
Approval of Final Site Drainage Plans is required for:
1. Development of individual sites of 2.5 acres or
greater.
2. Impervious additions to existing buildings on sites
2.5 acres or greater.
3. Development on any individual site within:
. 1 OO-year floodplain.
. 1,000 feet of a public water or protected
wetland.
. 300 feet of Rice Creek, a major tributary
to Rice Creek, or a county or judicial
ditch.
Construction of a single-family detached dwelling on an
isolated lot will not require permit approval unless one of
the above-listed conditions exist. Construction on lots
within a residential subdivision approved by the District will
not require District approval unless the activity does not
comply with the original development plan or has been
superseded by State iaw.
Permit applications for Final Site Drainage Plans must
include:
*A. Stormwater Management Pian (see page 3).
8. Grading & Sediment-Erosion Control Plan (see p.
~ .
C. Preliminary plat or certificate of survey grantrng
easements over all hydrologic features such as
floodpiain, wetlands, ditches, ponds, and swales.
* A is not required for construction of a single-family
dwelling on an isolated lot.
. I-l d""~" k" . J..1J ad. . ~~ Autj)v - C'~'- '7-~ ~4
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Appropriation of Public Wa~
Permit approval is required for the appropriation of water from:
1. A public water basin or wetland wholly within Hennepin
or Ramsey County which is less than SOO acres in
surface area.
2. A protected watercourse which has a drainage area of
less than 50 square miles.
Applicants requesting approval to appropriate from public waters
must complete an Appropriation Checklist (available from the
RCWD office).
Bridge or Culvert Construction and Repair
Bridge or culvert construction and repair on creeks, public
ditches, or major tributaries requires penni! approval.
Necessary exhibits lD accompany the application include:
A. Construction details showing
. existing and proposed flow line (invert) elevations
end details with flared end sections and rip rap
(energy dissipaters).
. size and description of structure
. emergency overflow elevation and route.
S. Construction schedule.
C. Narrative describing construction methods.
D. Erosion-Sediment Control Plan (see below).
E. Computations of watershed area, peak flow rates, and
discussion of potential effects on water levels above
and below the project area.
Shoreland Alteration Plans
Alteration of the beds, banks, and shoreland of lakes and
streams may require permit approval. Most activity is regulated
by the Minnesota Department of Natural Resources and/or
municipalities. Actio~s requiring a permit from the watershed
district are limited to review of structure and septic field setbacks
within the cities of Centerville, Columbia Heights, Fridley, New
BrighlDn, SI. Anthony, and Spring lake Park. Additionally
topographic alterations (grading and filling) within the distances
specified above under land Development and Final Site
Drainage -Plans will require watershed district approval.
Necessary exhibits to accompany an application are:
A. Site plan showing building setback from the ordinary
high water elevation.
B.' Grading and Sediment-Erosion Control Plan (see p. 3).
Rough Grading Plan
Rough Grading Plans are issued to regulate earthwork on sites
which will eventually require either a land Development Plan or
Final Site Drainage Plan, but for which development plans have
not been finalized. Construction of impervious surfaces or
structures is not generally allowed with this pennil.
Necessary exhibits Include:
A. Grading and Sediment.Erosion Control Plan (see
below).
S, Delineation of any ditches, floodplain, and weUand
areas.
~~~~~~~~oooo(X~~~oooooooooo~~~~ooooo~~o~
Stormwater Management Plan
1. A detailed sile topographic plan showing existing
grades and all hydrologic features such as ditches,
weUands, floodplains, culverts, and storm sewers. The
plan should identify tributary subwatersheds and on-
site drainage paths.
A delailed site topographic plan for the proposed
project conditions which clearly indicetes alterations 10 3.
existing grades and topographic features. The 'plan
should ouUine changes in subwatershed diVIdes,
emergency overflows, and drainage ways.
Calculations demonstrating that post-development,
peak discharge rates are not increased over existing
conditions for the 1. and 100.year storm events.
Calculations demonstrating that detention facilities
have been designed with permanent pooi volume 5.
sufficient to retain the runoff from a 2.5-inch rainfall.
Design details for outlet control structures showing use
of a skimmer or submerged outlet sufficient to prevent 6.
surface discharge from pond facilities for a 1-year
design storm.
Tabulation of normal, 1-, and 100-year flood elevations 7.
for all lakes, ponds, ditches, creeks, and weUands.
Checklist and calculations demonstrating that
Infiitration BMPs have been incorporated into the
project to the extent feasible (refer to Infiitration
Brochure).
2.
3.
4.
5.
6.
7.
Grading and Sediment-Erosion Control Plan
1. Existing and proposed topographic map which clearly
indicates all hydrologic features and areas where
grading will expose soils to erosive conditions. The
plan should also indicate the direction of all site runoff.
Tabulation of the construction implementation
schedule.
Name, address, and phone number of party
responsible for maintenance of all erosion control
measures~
Identification of all temporary erosion control measures
which will remain in place until permanent vegetation is
established. Exampies include, but are not limited to:
seeding, mulching, sodding, silt fence, erosion control
matting, and hay bale filler baniers.
Identification of all permanent erosion control measures
such as outfall spillways and riprap shoreline
protection, and their locations.
Copy of MPCA Notification of application for an NPDES
general permit for projects with over 5 acres of graded
area.
Minimum floor elevations for ail structures reflecting
District 2-fcot freeboard requirement for 1 GO-year
floods.
Tabulation of ail earthwork cut-and-fill volumes and
computation of any floodplain volume andlor weUand
area changes.
2.
4.
8.
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RJ(;E CREElS: WAT~RSl::fEP. DJSJBICT
PERMIT FEE SCHEDULE
Effective 1-1-96
'LAND DEVELOPMENT PlANS
Less than 10 lots
10 - 99 lots
100 or more lots
$250.
$500.
$750.
'FINAL SITE DRAINAGE PLANS
Less than 1 acre impervious surface
Greater than 1 acre impervious surface
$150,
$500.
BRIDGE OR CULVERT CROSSING
RiCe. Clearwater Hardwood Creek
Other Public Ditches
All Other
$750,
$500,
$150.
'STREETS AND UTILITIES
$500,
APPROPRIATION OF SURFACE WATER
'ALL OTHER
EXTENSIONS
There is no fee for extending your permit.
~
...$j
~
.!;;
.....
'AN ADDIT10NAL $500 fee will apply if project involves a Wetland Repiacement or Banking Plan, or a
crossing of Rice Creek or a Public Ditch,
. 0..
~
Note: Extraordinary expenses (inspection, engineering, legal) associated with bringing non-
compliant projects into compliance with District ruies will be billed based on actual costs
incurred or deducted from any performance surety on file with the District.
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. .
CityofC-.ville
PIamUog & Zoning Mioutes
April 2. 2002
CITY OF CENTERVILLE
PLANNING AND ZONING COMMISSION
APRIL 2, 2002
Pursuant to due call and notice thereoJ: the Planning and Zoning Commission held their regularly
scheduled meeting on April 2, 2002, at 6:30 p. rn.
PRESENT:
::~, ,,"" ..' .J~
BnanHanson: ............ @
None.
ABSENT:
COUNCIL:
Council Member Travis/Council Member Nelson/Council Member Capra
(arrived at 6:45 p.rn.)
STAFF:
City Administrator Ms. Moore-Sykes, Public Works Director PaIzer
L CALL TO ORDER
1. Roll Call
The meeting was called to order at 6:30 p.rn.
n. PUBLIC HEARING(S)
None.
m. APPEARANCES
1. Corbar Comoanies (Site Plans. Grading - Roval Industrial Park)
Commissioner DeVine asked if the plan had been reviewed by Mr. PaIzer. Mr. Palzer
commented that the plan states light industrial and the City does not have a light
industrial zone. He also noted that the building would need a sprinkler system contrary to
the plans.
Chair Hanson clarified that the sprinkler is a requirement of the state fire code.
Page 1 oflO
# .
Ms. Moore-Sykes explained that Staffwas not aware that CorOO Companies was coming
in for site plan review at this meeting and that is why the plans were not sent through the
site plan review process.
Commissioner DeVine commented that a landscaping company fits in perfectly in the
industrial area.
The Applicant indicated his architect had said he did not need a sprinkler due to the size
ofthe building. Commissioner DeVine explained that the City had adopted the more
strict provisions of the Minnesota Fire Code.
Mr. Palzer asked if the Plans had been sent to Rice Creek Watershed District for review
and approval.
Commissioner DeVine asked if the City had sent the plans to the Fire Chief. Mr. Patzer
explained that a certain number of copies of the plan are required when the applicant
comes in for the building permit and Staff forwards one of those copies to the Fire Chief.
He then explained it is the responsibility of the applicant to send the plans to Rice Creek
Watershed District for review.
Chair Hanson explained that the City does not have light industrial roning, there is only
commercial and industrial.
The Applicant indicated his architect had designed the building next door.
Chair Hansen asked how many employees were expected at the business. The Applicant
indicated there would be three or tOur employees.
Chair Hanson asked what kind of vehicles the company uses. Mr. CorOO indicated that
the company is in the sod business so there would be a truck with a flat bed and a tractor
trailer but noted there would not be anything outside.
The applicant presented a colored drawing of the proposed building to the Commission.
Chair Hanson advised the applicant to make sure the signs for the business meet the sign
code requirements.
Motion bv Commissioner DeVine. seconded bv Commissioner WiIharber to
recommend to Council approval of the site plans for Corbar Companies pendine
final approval from Staff. Rice Creek Watershed District and the Fire Chief. All in
favor. Motion carried unanimously.
Mr. Patzer noted the applicant would need to send plans to the Health Department.
Page 2 of IO
L
,
.
V.
OLD BUSINESS
1. Ordinance #4 Amendments
The Commission reviewed the Mayors proposed corrections and comments on Ordinance
#4 page by page and the following are the recommendations for change.
In the Table of Contents, there is no Section 36, please remove it.
Mr. Palzer suggested moving Division 90 into Division 165 to make the Ordinance
simpler to interpret.
Commissioner Wilharber recommended that Staifreview Division 165, Division 90 and
Division 80 and consolidate them.
Commissioner DeVine pointed out that Division 50 dealt with driveway and parking lot
improvements and should also be part ofthe consolidation.
The Commission requested that Staff review the ordinance concerning parking and
consolidate Divisions 50, 80, 90, and 165.
The Commission determined that the word ordains is commonly used throughout the
City's ordinances and by other cities as well but decided to define it in the terms section
for clarity. Ordained is defined as follows: to order by virtue of established authority.
The Commission determined that the board of appeals and adjustment is either the City
Council or a group appointed by the City Council but determined that no change was
needed to the language in the Ordinance.
On Page three eliminate the definition of Building Height because it is listed on Page 7 as
Height of Building.
On Page 3 change Building Principals to Principal Structure.
On Page 4 eliminate Intensive Vegetation Clearing and then make sure the wording is not
used in the rest of the Ordinance. If it is, replace it with clear cutting.
The Conunission determined it was appropriate to leave the definition of Commission
and the definition ofp]anning and Zoning Commission in the Ordinance to be sure both
usages were defined.
On Page 5 delete District Zoning and make sure the words are not used in the rest of the
Ordinance. If they are, use zoning district to replace.
Page3 of 10
--
,
On Page 7 noise generated by a kennel would be governed by the noise ordinance. Mr.
PaJzer also noted that kennels are only allowed in the industrial district and require a
special use permit.
.
On Page 7 delete Intensive Vegetation and use clear cutting.
On Page 9 add the word "average" to the definition. It should read: ''The average
horizontal distance. . . "
On Page 10 eliminate the definition of portable sign and add "See Ordinance #39."
Commissioner Wilharber asked if portable signs were addressed in Ordinance #39 and
Council Member Nelson indicated that they are.
Commissioner DeVine asked Staff to search the Ordinance to make sure the term
portable sign is not used.
On Page 11 delete the definition of Sign and insert "See Ordinance #39."
The Commission determined that the definition of Variance needed no change.
Mr. Palzer agreed to look up the official definition of Certificate of Occupancy and have
that added to the Ordinance.
On Page 16 after 080-030 insert "and Table A;" and.
On Page 17 change D to read "See Ordinance #39."
On Page 18 add the words ''newly constructed" before sing1e-fumily in C.
On Page 18, Division 45 put a period after the word period and delete "but are suQject to
the Minnesota State Building Code.
On Page 18, Public Utilities Required add See Ordinance 30 and Ordinance 45.
On Page 19, Division 60 end the sentence with approval in accordance with Ordinance
#8. The following sentence should read: "The Planning and Zoning Commission shall
not forward a site plan review without certifYing the following:"
There are no changes needed to Page 20.
On Page 21 change "Committee" to "City Review".
Authority to waive is Council.
There is no need for a definition ofbui1ding official.
Page 4 of 10
-
.
Ordinance #8 is in effect.
Commissioner Helmbrecht asked whether Staff bad reviewed the Mayor's comments
with him in an attempt to answer some of the questions raised. Ms. Moore-Sykes
indicated she bad received the docwnent and was asked to forward copies to Council and
Planning and Zoning for review.
Mr. Pa!zer explained the City bad eHminated special use permits but brought them in for
kennels and mini-storage.
On Page 27 change Site Plan to "Special Use Plan Review".
On Page 27 the definition of Special Use Plan Review should be: site plans for all uses
requiring a special use permit must be submitted for review prior to the issuance of the
building permit.
On Page 27 add an E. See Division 200.
Ordinance #44-A is effective.
On Page 28 change "Section 135-140" to "Division 135-140."
On Page 28 change "Lighting" to ''Nuisance''.
No change to refuse on Page 29.
The Commission detennined that the way around having a towing company would be to
address the outside storage issue.
On Page 30 delete "Off Street Parking" and "Section 36".
On Page 31 F. Change "Section" to "Division 165."
On Page 41 change "Dwellings" to "Structures."
On Page 32 change "Section" to "Division #160." Also make same changes as for
commercial section Change "Site Plan" to "Special Use Plan Review" and define as:
site plans for all uses requiring a special use permit must be submitted for review prior to
the issuance of the building permit.
On Page 32 add an E. See Division 200.
On Page 32 change 080-100 to 80-100.
On Page 32 change "Section" to "Division #135-140".
l_ ___
Page 5 of! 0
On Page 33 change "Lighting" to "Nuisance". Also change "Section" to "Division #135-
140.
.
On Page 34 change the word constructed to construed (3 occurrences).
On Page 35 no new bars permitted in M-1 district, old ones grandfathered in. No changes
needed to document.
On Page 37 change "are" to "area" in Other Industrial line.
On Page 46 add:
F. Lakeshore properties can store the following items of personal property within
50' of the shoreline during the months from September to May: docks, boat lifts,
swim rafts, slides, and other swimming equipment.
Commissioner Wilharber cautioned the Commission about discriminating against any
resident that may live across the road from a lake but has lake access.
No changes needed on Page 47.
No changes needed on Page 48.
No changes needed on Page 53.
On Page 55 change "12" copies to "16" copies.
On Page 56 change "Section 51" to "Division 80".
On Page 59 under Non-Compliance change "Planning and Zoning Commission" to
"Zoning Administrator".
On Page 60 delete Section 180-220 Annual Review.
On Page 65 under Section 190-020 change "Section 7.03" to "Division 195."
Commissioner WJlharber indicated he had signed the Ordinance as Mayor in 2000.
On Table A add minimum size garages.
On Table A change the title of table to "Table A Schedule of District Regulations Lot and
Yard Requirements.
Mr. Palzer indicated he would provide the correct minimum garage sizes for Table A.
Page 6 of! 0
.
Ms. Moore-Sykes explained that Staff is having an issue with winter construction and
indicated that all requirements ror occupancy are met with the exception of the
driveways. She then asked whether the Commission would consider putting a
requirement in the Ordinance that Class 5 must be installed prior to passing the footing
inspection in order to eliminate this type of issue.
Mr. Palzer commented he felt that type of language should be put in the developer's
agreement.
Council Member Travis indicated that a previous Council had determined that every
development would escrow an amount to include a silt fence and gravel drive on every
lot but that was misinterpreted and is not being done.
It was the consent of the Commission to ask that the developer's agreements contain the
language governing the gravel drives.
Ms. Moore-Sykes indicated that Ken had said that attached garages were defined as an
accessory structure and asked that it be fixed.
The Commission asked Ms. Moore-Sykes to have Ken locate the error in the Ordinance
so it could be fixed ifneed be.
Ms. Moore-Sykes indicated Ken bad asked the Commission to consider allowing fences
on the property line without requiring signatures.
The Commission indicated it had no interest in allowing fences on property lines without
signatures.
The Commission indicated it would like to hold the public hearing on Ordinance #4 at the
June meeting.
VI. NEW BUSINESS
1. Ordinance #3-B - Curfew City of Centerville
a. City of Circle Pines (Anoka County)
b. City of Lexington
c. City ofHermantown
d. City of Aitkin
Chair Hansen indicated there may be an issue with curfew at Waterworks because of the
teen nights.
It was the consent of the Commission to ask Staff to discuss the curfew Ordinance with
Waterworks to make them aware of the potential issue with teen nights.
~~~~~~~~~-
Page 70fl0
Ms. Moore-Sykes indicated the Chief of Police had asked for an Ordinance book.
.
2. Ordinance #fJ3 - Lawn and Gardening Water Use City ofCenterville
a. City of Circle Pines
b. City of Lexington
c. City of Bloomington
d. City of Hoyt Lakes
Commissioner Wtlharber suggested attaching the letter concerning water restriction to the
Ordinance because the Ordinance itself is not specific. He then commented that other
cities state the Mayor is the person who enforces this but actually the public works staff is
the most aware of water usage in the City.
Ms. Moore-Sykes indicated that public works staffhas informed her that the odd/even
watering ban with no time frame defeats the purpose. Mr. Palzer agreed it does not aid
the City with water usage.
Commissioner Kilian asked ifuse of private wells affects the City wells. Mr. Palzer
indicated that use of City wells may affect private wells.
Motion bv Commissioner Helmbrecht. seconded bv Commissioner DeVine to table
this matter for further wordin2 from Mr. Palzer. All in favor. Motion carried
unanimouslY.
Commissioner DeVine asked Staff to put the letter together with the Ordinance before the
Ordinance is reviewed by the Commission.
Mr. Pa1zer indicated the City has to put out an annual water report and asked if the
Commission would like that report included with the letter. The Commission consented.
3. Liquorffobacco Work Session Update (Scheduled Meeting April 8, 2002
Ms. Moore-Sykes invited Commissioners to the liquor/tobacco work session scheduled
for April 8, 2002 at 6:30 p.rn.
Commissioner Wilbarber asked if the people from the state would be at the meeting. Ms.
Moore-Sykes indicated that no state representatives would be attending the meeting.
Commissioner Helmbrecht asked if more strict fines would be included in the Ordinance.
Ms. Moore-Sykes indicated the City is working on the fine structure.
VI. DISCUSSION ITEMS
Ms. Moore-Sykes asked if the Commission discussed adult establishments at its last
meeting.
Page 8 of 10
mm____j
.
Commissioner DeVine indicated he had thought he had asked for an outline for the City
of Forest Lakes massage parlors and an outline for Chapter 114 on body piercing.
The Commission indicated that it feels the adult ordinance needs no changes.
Commissioner Helmbrecht asked Ms. Moore-Sykes to ask the County for a plan fur the
widening of Maio Street to a four-Jane highway.
Discussion ensued concerning the widening of Maio Street.
Ms. Moore-Sykes commented that the City might want to think about redeveloping
downtown with the four-lane highway pending.
Commissioner Wllharber reminded the Commission that it had tabled consideration of
the right of way ordinance and asked when it would be back on the agenda.
Ms. Moore-Sykes explained that a right of way ordinance would help the City control
how and when its rights of way are used and restored by the public utilities. It would
require a permit to help the City hold them accountable for disruptions and surface
restoration.
Commissioner Wllharber asked what the courts had decided with the cases where cities
were sued because of right of way ordinances. Ms. Moore-Sykes explained that the
courts had upheld the cities' rights to mllnllge their rights of way. She then indicated that
the City was told ifit did not have a right of way ordinance to get one.
Chair Hanson asked Staff to place the right of way ordinance on the agenda for May.
VIll. CONSIDERATION OF MINUTES
1. March 12, 2002 Plllnning and Zoning Meeting Minutes
Commissioner DeVine questioned whether he had a copy of the .Mayor's comments on
Ordinance #4 at the last meeting as stated in the minutes. The Commission indicated that
the Commissioners did have a copy of Ordinance #4 at the last meeting. No change
needed to minutes.
Commissioner McLean indicated that he, not Chair Hansen, had seconded the motion to
adjourn the meeting.
Motion bv Commissioner DeVine. seconded bv Commissioner McLean to approve
tbe Marcb 12.2002 Meetinl! Minutes as amended. Ayes - 4. Navs - O. Abstain - 2
(WilbarberlKilianl. Motion carried.
Page 9 of 10
IX. ADJOURNMENT
.
Motion bv Commissioner Helmbrecht. seconded by Commissioner DeVine to
adiourn the A>>riI2. 2002 Planninl! Commission Meetinl! at 9:31 >>.m. AD in favor.
Motion earried unanimously.
Transcnbed by:
Joan LeDZlneier, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
Page 10 oflO
From
to 4298629
at 4/24/02 11:00 AM
Minnesota Department of Agriculture
90 West Plato Boulevard
St. Paul, Minnesota 55107
(651) 297-1629
News Release
FOR IMMEDIATE RELEASE: Friday, April 19, 2002
Contacts: Michael Schommer, Communications Director, 651-297-1629
Jerry Spetzman, Water Quality Advisor, 651-297-7269
MDA says new phosphorous law is good news for Minnesota lal;es and streams
ST. PAUL, Minn. - The future is looking a bit clearer for Minnesota's 10,000 lakes today after
govemor Jesse Ventura signed into law a bill restricting the use of phosphorus fertilizer in Anoka,
Carver, Dakota, Hennepin, Ramsey, Scott and Washington Counties and setting a 3 percent (by
weight) limit outside the metro area.
Phosphorus is an important nutrient for plant growth, but soils in many parts of the state already
have an abundance of it. When excess phosphorus is applied to soil, it can wash off into nearby
lakes, streams and rivers where it accelerates algae growth. Excessive algae growth diminishes
water quality and can cause problems for fish and other aquatic life. The new law is designed to
reduce unnecessary use of the nutrient, but it provides exemptions for farm land and golf courses.
It also allows phosphorus to be applied to new sod and to phosphorus-deficient soils.
The Minnesota Department of Agriculture (MDA) regulates fertilizer sales and use. As such, the
MDA worked closely with lawmakers and interest groups for the past three years to develop
sensible phosphorus legislation. Given the clear benefits of reducing unnecessary phosphorus use,
MDA Commissioner Gene Hugoson said the new phosphorus law is good news for the entire state.
"This new law is the result of several years of work on tlus issue," Commissioner Hugoson said
"Several years ago, we put together a program in south :-'1inneapolis to build awareness of
phosphorus issues among homeowners near Lake Harriet. We had encouraging results, and this law
extends the benefits statewide."
While the phosphorus law will help boost water quality, there are many other lawn care practices
homeowners can take to reduce phosphorus runoff into lakes and streams. Yard materials such as
5oil, tree l~ves, grass dippings and pet waste are other major sources of phosphorous. Vvnen these
materials move off the landscape and onto streets or driveways, they can be washed into storm
drains that lead directly to nearby lakes or streams.
The MDA says the following practices can help keep Minnesota's lawns and lakes healthy:
Keep stonn drains clear and do not rake lawn debris onto the street;
Sweep up sand for reuse or oontact your city for proper disposal;
Direct water from downspouts onto your lawn and away from the house and paved surfaces;
Mow high and often, keep mowing height between 2h and 3'12 inches;
When mowing, discharge grass clippings into the lawn and away from paved surfaces;
Sweep up any grass olippings that land on sidewalks, driveways or other hard surfaces;
Reseed bare spots in your lawn and keep seeded areas moist for three to four weeks;
Pg 002/003
From
to 4298629
at 4/24/02 11:00 AM Pg 003/003
Always follow the label instructions of lawn care products and properly dispose of product
containers;
Do not apply lawn care products to frozen ground - wait until grass starts growing;
Sweep up and reuse any lawn care products that fall on streets, sidewalks and driveways;
If your lawn has a crabgrass problem, apply a pre-emergent herbicide by mid to late May; and
Control broadleafweeds such as dandelions or creeping charley in the fall, the best time for
such treatments.
Homeowners can be sure they are using a zero phosphorus fertilizer by looking at the N-P-K
numbers on the product label. The middle number will be zero on phosphorus-free products.
Homeowners should also keep in mind that there are a small number oflawns that may be
phosphorus-deficient, and in such cases, it may be suitable to use phosphorus. To determine
if a lawn is phosphorus deficient, homeowners can get a soil test by calling the University of
Minnesota Extension Service's INFO.U at 612-624-2200, message 468, or by logging on to
www.extension.umn.edu and searching for "Soil Testing Lawns" for testing information.
For more lawn and gardening tips call MDA's Jerry Spetzman at 651-297-7269, or call 651-297-
7279 to request a copy of the "Application Guide for Lawn and Garden Products." This two-page
guide is published by the MDA and the University of Minnesota Extension Service to help
homeowners be sure they mix lawn and garden products properly for safe and effective use.
This release is available on the MDA website at http://www.mda.state.mn.us
'..
.~ul -;:
'\\)\}l . Y '" II IJ
TABLE OF CONTENTS J ~~ n \}F \ ~ ~ lfl
STATE OF MINNESOTA I 'V' ~~ \./'r) ~ or.J
CIT~~~~~~R~LE .~ \~ \ >' ~ . {
ARTICLE 1. - GENERALPROVISIONS.....................................................................5 \.. ~ I
12. JURISDICTION....................... ... ...... ............. .................................. ......................... 5 if'
13. DEFINED WORDS .................................................................................................5 ,.'}"J
14. PURPOSE................................................................................................................5 W (,.j
15. COMPLIANCE. ....................................................................................................... 5 /
16. CONFLICT .............................................................................................................. 5 ~ N .
17. SEVERABILITY ..................................................................................................... 6 \)
18. REPEAL ................................................................................................................. 6 ~.
ARTICLE 2 - DESIGN STANDARDS .......................................................................... 6 ~If)
21. GENERAL............................................................................................................... 6 ~
21.01. NATURAL FEATURES .................................................................................6
21.02. LAND DEDICATION ..................................................................................... 6
21.03. PLANNED UNIT DEVELOPMENT...............................................................6
21.04. SOIL TESTS ............................................ ........................................... ....... .....7
21.05. RESTRICTION ON FILING AND RECORDING CONVEyANCES............. 7
21.05-01. EXCEPTIONS... . . . ... ... . ..... . .. . ..... ... ... ...... ...... .. . .. . ... ... ... ...... . . . .......8
22. EASEMENTS ..........................................................................................................8
22.01. UTILITY. ........................................................................................................ 8
22.02. DRAINAGE ....................................................................................................8
23. WATER AND SEWER SySTEMS..................................................................... 9
24. BLOCKS .............................................................................................................9
24.01. LENGTH.........................................................................................................9
24.02. PEDESTRIAN WAYS .................................................................................... 9
24.03. ALLEYS ................................................................................. ... .....................9
25. LOTS. ............................ ...................................................... .... ................. ..........9
25.01 CORNER LOTS .............................................................................................. 9
25.02. SHAPE OF LOTS ........................................................................................... 9
25.03. ACCESS............................ ........................................ ............... ................. ......9
25.04. DOUBLE FRONTAGE LOTS ......................................................................10
25.05. NON-SEWERED LOTS................................................................................ 10
25.06. BUTT LOTS .................................................................................................10
25.07. DRAINAGE .................................................................................................. 10
26. STREET................................................................................................................. 10
STREET DESIGN STANDARDS ................................................................................11
ARTICLE 3 - CONSTRUCTION AND IMPROVEMENTS......................................... 12
Page 1 of34
31. GENERAL CONDITIONS ....................................................................................12
32. DEVELOPER'S AGREEMENT ............................................................................12
33. FINANCIAL SECURITY ......................................................................................12
33.01. ESCROW DEPOSIT ..................................................................................... 12
33.02. PERFORMANCE BOND .............................................................................. 12
33.03. CONDITIONS......... ...................................................................................... 13
34. CONSTRUCTION PLANS ................................................................................... 13
35. INSPECTION ............................................................... ............ ............... .............. 13
36. PRIOR IMPROVEMENTS .................................................................................... 13
37. AS BUILT PLANS ................................................................................................13
38. IMPROVEMENT CONSTRUCTION....................................................................13
38.01. DEVELOPMENT IMPROVEMENTS ..........................................................14
38.01-01 ............................... .............. ........................................................... ... 14
38.01-2 SOIL EROSION ................................................................................14
38.01-3 MONUMENTS AND MARKERS..................................................... 15
38.01-4 CURB STOPS.................................................................................... 15
38-01-5 TREES ......... ............................................................................... ....... IS
38.01-6. SIDEWALKS ....................................................................................16
38.01-7. STREET MAINTENANCE ...............................................................16
38.01-8. STREET LIGHTS.............................................................................. 17
38.01-9. STORM SEWER ...............................................................................17
38.01-10. SITE GRADING................................................................................ 18
38-01-11. STREET SCAPE................................................................................18
38-01-12. GROUND COVER CONTROL......................................................... 18
38.01-13. SCREENING ..................................................................................... 18
38.01-14. INSURANCE....................................................... ......... .............. ....... 19
38.0 I-IS. COSTS......... .............. ....... ........... ...................................................... 19
38.02. CITY IMPROVEMENTS.............................................................................. 19
38.02-1. STREET IMPROVEMENTS .............................................................19
38.02-2. STO&\1 IMPROVEMENTS .............................................................. 19
38.Q2-3. SANITARY SEWER IMPROVEMENTS.......................................... 19
38.02-4. WATER IMPROVEMENTS.............................................................. 19
38.02-5. PERMANENT STREET IMPROVEMENTS..................................... 19
38.02-6. TRAFFIC SIGNING IMPROVEMENTS........................................... 19
38.03. STREETS ........................................................................................................ 19
38.04. SIDEWALKS ..................................................................................................20
38.05. STORM DRA1NAGE......................................................................................20
38.06. WATER SUPPLY ............................................................................................ 20
38.07. SEWERS ............................,....................... ....................... ....................... ........21
38.08. UTILITIES ......................................... .............. ................................................21
38.09. TREES ....................... ............................................ ............................ .............. 21
38.10. STREET LIGHTING........................................................................................21
38.11. STREET NAME AND TRAFFIC CONTROL SIGNS ..................................... 21
Page 2 of34
.
38.12. SODDING........................................................................................................21
ARTICLE 4 - PLAT SPECIFICATIONS AND PROCEDURE..................................... 22
41. GENERAL..............................................................................................................22
42. SKETCH PLAN ......................................................................................................22
43. PRELIMINARY PLAT ........................................................................................... 22
43.01. LOCATION MAP .............................................................................................22
43.02. SITE MAP.........................................................................................................22
43.03. SUBDMSION PLAT .......................................................................................23
43.04. ENGINEERING PLANS...................................................................................23
43.05. RESTRICTIONS .......................................................... ......... ..... ........... ........ ....24
44. FINAL PLAT .........................................................................................................24
45. PROCEDURES FOR SUBMISSIONS OF PLATS. ...............................................25
45.01. GENERAL ........................................................................................................25
45.02. ADVISORY MEETING ....................................................................................25
45.03. PRELIMINARY PLAT .....................................................................................25
45.03-1. ACTION BY THE CLERK .................................................................... 25
45.03-2. ACTION BY COMMISSION................................................................. 26
45.03-3. ACTION BY COUNCIL ........................................................................ 26
45.04. FINAL PLAT ...................................................................................................26
45.04-1. ACTION BY CLERK............................................................................. 27
45.04-2. ACTION BY COUNCIL ........................................................................ 27
45.04-3. RECORDING......................................................................................... 27
45.04-4. NON-COMPLIANCE ............................................................................27
ARTICLE 5 - ADMINISTRATION AND ENFORCEMENT. ......................................27
51. GENERAL ..............................................................................................................27
51.02. PUBIC HEARING ............................................................................................ 28
51.03. V ARlANCES ............................................................................. ....................... 28
51.04. INSPECTION ...... ..... .................. ............................ ............ ................ .............. 28
51.05. MAINTENANCE BOND..................................................................................28
51.06. BUILDING PERMITS ...................................................................................... 29
52. AMENDMENT. ......................................................................................................29
52.01. IN GENERAL ...................................................................................................29
52.02. INITIATION ........... ....... ............................... .................................................... 29
52.03. ACTION BY COMMISSION.............................................................................29
52.04. COUNCIL ACTION .......................................................................................... 29
52.05. FEE ............................ .......................................................... .............................. 29
53. APPEALS ......................................................................................................... ......30
53.01. PROCEDURE ....................................................................................................30
53.02. FEES ........................................................ ........ ........... ......... ................. ............. 30
54. PENALTY .............................................................................................................30
Page 3 of34
.
ARTICLE 6 - DEFINITIONS .......................................................................................30
61.01. ALLEy........................................ .............. .............. .................. ......... .............. 30
61.02. BLOCK .............................................................................................................30
61.03. BOUNDARY LINES .........................................................................................30
61.04. BUILDING LINES ............................................................................................31
61.05. BUTT LOT ........................................................................................................ 31
61.05-1. CITY IMPROVEMENTS........................................................................ 31
61.06. COMPREHENSIVE PLAN...............................................................................31
61.07. CONTOUR MAP ...............................................................................................31
61.08. CORNER LOTS ............................................................................ ................. ....31
61.09. CROSS WALK .................................................................................................. 31
61.10. CUL-DE-SAC ...................................................................................... .............. 31
61.10-1. DEVELOPER IMPROVEMENTS ......................................................... 31
61.11. EASEMENT .....................................................................................................31
61.12. FRONTAGE .....................................................................................................31
61.13. HALF STREET ............................................................................ ......... ............ 31
61.14. LAND SURVEyOR.......................................................................................... 31
61.15. LOT: ................................ ........... ......................................................................32
61.16. LOT DEPTH ........ ................................... .... ....... ........... ...... .............................. 32
61.17. LOT DOUBLE FRONTAGE ............................................................................ 32
61.18. LOT WIDTH.............................................................................. .................... ...32
61.19. NATURAL WATERWAY ................................................................................32
61.20. OWNER............................................................................................................32
61.21. PEDESTRlAN WAY ........................................................................................32
61.22. PLAT ................ ....................................... .............. ............. ......... ......... ............ 32
61.23. RlGHT -OF- W A y.............................................................................................. 32
61.24. RESERVE STRlPS ........................................................................................... 32
61.25. STREET ....................................................................... .......... ................. ..........32
61.26. STREET WIDTH ..............................................................................................33
61.27. SUBDIVIDER...................................................................................................33
61.28. SUBDIVISION ....................................... ....... ....... ........... ........ ...... ............... .... 33
61.29. THOROUGHF ARE...........................................................................................33
61.30. TOPOGRAPHY .......................................................... ................ ...... ................ 33
61.31. WATERCOURSE ..............................................................................................33
61.32. WATERSHED ...................................................................................................33
61.33. ZONING .............................................................................................. ..............33
Page 4 004
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF CENTERVILLE
ORDINANCE #8
AN ORDINANCE REGULATING THE SUBDIVISION AND PLATTING OF LAND
WITHIN THE CITY OF CENTERVILLE, MINNESOTA AND PROVIDING FOR THE
ADMINISTRATION AND ENFORCEMENT OF SUCH REGULA TIONS.
THE CITY COUNCIL OF THE CITY OF CENTERVILLE, MINNESOTA ORDAINS:
ARTICLE I. GENERAL PROVISIONS
11.
12.
13.
14.
14.01.
14.02.
14.03.
14.04.
15.
16.
TITLE. This ordinance may be cited as the "Centerville Subdivision
Ordinance" and will be referred to herein as "this ordinance".
JURISDICTION. The geographic jurisdiction of this ordinance includes the
entire area within the corporate limits of Centerville, Minnesota.
DEFINED WORDS. Words used in a special sense in this ordinance are
defined in Article 6.
PURPOSE. This ordinance is adopted:
To assist the orderly, efficient and integrated development ofthe City;
To provide uniform procedures and standards for all subdivisions;
To ensure consistency between future subdivision development and the
Centerville Comprehensive Plan;
To provide for the protection and conservation of flood plains, shore lands,
soils, water, vegetation, energy, air quality, geologic and ecologic features and
features and agricultural lands.
COMPLIANCE. Platting is required for all subdivisions creating five (5) or
more lots or parcels which are two and one-half (2 \1,) acres or less in size.
Hereafter, no lot in subdivision may be sold, no permit to erect, alter or repair
any building upon land in a subdivision may be issued, and no building my be
erected in a subdivision, unless and until a subdivision plan has been approved
and, where required, recorded, and until the improvements required by the
Council in connection therewith have either been constructed or guaranteed,
as herein provided.
CONFLICT.
Where the conditions imposed by any provisions of this
Page 5 of 34
ordinance are either more or less restrictive that comparable conditions
imposed by any other regulation, the regulations which impose the higher
standard or requirements shall prevail.
17. SEVERABILITY. If any provision of this ordinance or the application of any
provision to particular circumstances is held invalid, the remainder of the
ordinance or the application of such provision to other circumstances shall not
be affected.
18. REPEAL. Ordinance including all prior subdivision ordinances and
amendments or parts thereof in force at the time this ordinance shall take
effect and inconsistent herewith are hereby repealed, including Centerville
Ordinance #15. Nothing contained in this ordinance repeals or amends any
ordinance requiring a permit or license to engage in any business or
occupation.
ARTICLE 2 - DESIGN STANDARDS
21.
21.01.
21.02.
21.03.
GENERAL. Subdivision design shall comply with the following general
design standards.
NATURAL FEATURES. Existing natural features which would add value to
the subdivision and the City such as trees, steep slopes watercourses, historic
spots and similar irreplaceable assets, shall be preserved, insofar as possible,
through harmonious design of the subdivision.
LAND DEDICATION. In all new subdivisions, ten (10) percent of the gross
area subdivided shall be dedicated for public recreation space, with such ten
(10) percent being in addition to property dedicated for streets, alleys,
easements, or other public ways. No areas may be dedicated for public use
until such areas have been approved as being suitable and needed for the
public health, safety, convenience, and/or general welfare. When the
subdivision is too small for practical dedication of public land or if no land in
the subdivision is suitable for such use, the subdivider shall be required to pay
a fee as per schedule in effect per lot created or ten (10) percent of the
subdivision land value, whichever is greater, prior to subdivision; the value
(market) of the land shall be determined by negotiation between City and
developer. Lots created in any manner that are larger than five (5) acres or
three hundred (300) feet in width shall not be subject to dedication of land for
public use. A fee according to the current schedule will be charged on every
building permit issued pertaining to new housing units for parks and
playgrounds.
PLANNED UNIT DEVELOPMENT. This design standards of this ordinance
may be modified by the Council in the case of a plan utilizing an unusual
concept of development which meets the requirements of the section. The
Page 6 of34
21.04.
21.05.
l
planned unit development provision is intended to encourage original and
imaginative subdivision design which preserves the natural amenities of the
site and provides for the general welfare of the City. It shall conform with the
planned unit development requirements of the City Zoning Ordinance.
SOIL TESTS. The City Council may require soil tests prior to the final
approval of any plat. These soil tests shall consist of test holes to a depth
necessary to determine the various types of soil to be encountered before
reaching a stable base. Such test holes when ordered by the City authorities,
shall be drilled at the expense of the owner or developer and the information
disclosed shall be furnished to the City Council together with a copy of the
proposed plat showing the location of each test hole. The information
required by the City council shall include a report as to the various types of
soil encountered and their depths, the level of the ground water and a seepage
test and may include additional information. The number of test holes to be
drilled and their location on the property which is proposed to be platted will
be as directed by the City Councilor their authorized representative. In
questionable cases, the owner shall be required to furnish in the City Council a
report from a recognized engineering laboratory as to the safety and
practicability of the use of the area for building construction, including the
feasibility for installation of sewage facilities.
RESTRlCTION ON FILING AND RECORDING CONVEYANCES.
Minnesota Statute states that a municipality with adopted subdivision
regulations, no conveyance of land shall be filed or recorded if the land is
described in the conveyance by:
l. Metes and bounds; or by
II. Reference to an unapproved registered land survey after April 21, 1961; or
By
iii. An unapproved plat made after such regulations become effective.
The above restrictions do not apply if the land described in the conveyance:
Was a parcel of record on April I, 1945; or
1. Was subject to a written agreement to convey entered into prior to
such time; or
2.
Was a separate parcel of not less than 2.5 acres in area and one
hundred fifty (ISO) feet in width on January I, 1966; or
3.
Was a separate parcel of not less than five (5) acres in area and three
hundred (300) feet in width on July 1, 1980; or
Page 7 of 34
4. Is a single parcel of commercial or industrial land of not less than five
(5) acres in area and having a width of not less than three hundred
(300) feet, and its conveyance does not result in the division of the
parcel into two or more lots or parcels, anyone of which is less than
five (5) acres in area or three hundred (300) feet in width; or
5. Is a single parcel of residential or agricultural land of not less than
twenty (20) acres in area and having a width of not less than five
hundred (500) feet, and its conveyance does not result in the division
of the parcel into two or more lots or parcels, anyone of which is less
than twenty (20) acres in area or five hundred (500) feet in width.
21.05-01 EXCEPTIONS: The following land divisions are exempted from the
provisions of Ordinance #8, Section 21.05 and upon request, the City Clerk
shall within (IO) days, certifY that this subdivision does not apply to such land
divisions:5
1. Divisions of land where the division is to permit the adding of a parcel
of land to an abutting lot and the newly created property line will not
cause the land or any structure to be in violation of this Ordinance or
the Zoning Ordinance and that the proposal would not have an adverse
impact on the subject property or surrounding properties.5
2. Said division and addition ofland will not be large enough to allow for
the creation of an additional lot for the purpose of building. 5
3. In the case of a request to divide a base lot upon which a two family
dwelling, townhouse or a quadraminium which is a part of a recorded
plat where the division is to permit individual private ownership of a
single dwelling unit within such a structure and the newly created
property lines will not cause any of the unit lots or the structure to be
in violation of this Ordinance or the Zoning Ordinance.5
If the Clerk/Administrator makes a negative determination and/or the
applicant wishes to appeal the decision, the case shall be sent to the Planning
and Zoning Commission for recommendation to the City Council. 5
22.
EASEMENTS
22.01.
UTILITY. Easements at least a total of twenty (20) feet wide, centered on
rear lot lines, shall be provided for utilities where necessary. They shall have
continuity of alignment from block to block, and at deflection points,
easements for pole line anchors shall be provided.
22.02.
DRAINAGE. Where a subdivision is traversed by a water course, drainage
way, channel, or stream, there shall be provided a storm water easement or
Page 8 of 34
drainage right-of-way conforming substantially with the lines of STIch water
courses, together with such further width or construction, or both, as will be
adequate for the storm water drainage of the area. The easements shall beet
the requirements of the Rice Creek Watershed.
23. WATER AND SEWER SYSTEMS. The water supply and sewage disposal
systems for the subdivision shall meet the design standards and requirements
of the Minnesota Pollution Control Agency, the Metropolitan Waste Control
commission and the City Engineer.
24. BLOCKS. Block in new subdivisions shall meet the following standards:
24.01. LENGTH. The length of any block shall not be more than six hundred twenty
(620) feet.
24.02. PEDESTRIAN WAYS. The use of pedestrian way through any block is to be
permitted only when absolutely necessary. Where permitted, pedestrian ways
shall be at least fifteen (15) feet wide.
24.03. ALLEYS. The use of alleys in any block is to be permitted only when
absolutely necessary. Alleys may be required in commercial areas where
adequate off-street loading space is not available.
25. LOTS. The lot and yard sizes shall conform with the requirements of the City
Zoning Ordinance #4 and the lots shall be designed in accordance with the
following design standards:
25.01 CORNER LOTS. The minimum corner lot dimensions for single family,
detached dwelling developments where permitted under the zoning ordinance
shall be:
25.01-1 At least ten (10) feet wider at building setback line than permitted under the
zoning ordinance.]
25.01-2 Not less than minimum depth permitted under the zoning ordinance. ]
25.01-3 Minimum lot area shall be increased by ten (10) feet times the minimum lot
depth permitted under the zoning ordinance. ]
25.02. SHAPE OF LOTS. Side lines of lots shall be approximately at right angles to
straight streets and on radial line on curved streets. Some variation from this
rule is permitted when it is clearly evident that such variation shall improve
the overall design. In no case shall the rear lot line of any lot be less than fifty
(50) feet.
25.03. ACCESS. Every lot shall be provided with access adequate for the use of
Page 9 of34
public safety vehicles and other public and private purposes and shall be
served by a public or private street system, improved in accordance with this
ordinance and connected to the general street system.
25.04.
DOUBLE FRONTAGE LOTS. Double frontage lots shall not be permitted,
except:
25.04-1. Where lots back upon a thoroughfare, in which case vehicular and pedestrian
access between the lots and the thoroughfare and shall be prohibited and;
25.04-2. Where topographic or other conditions render subdividing otherwise
unreasonable. Such double frontage lots shall have an additional depth of at
least twenty (20) feet in order to allow space for a protective screen-planting
along the back lot line and also in such instances vehicular and pedestrian
access between the lots and the thoroughfare shall be prohibited.
25.05. NON-SEWERED LOTS. In areas which are not served by public sanitary
sewer systems, no lot shall be developed for residential purposes unless it
meets the requirements set for lots outside the Urban Service Area which is a
minimum of ten (10) acres. The preliminary plat shall show a feasible plan
for future re-subdivision by which lots may be re-subdivided to meet the size
and dimension standards of lots in area,s served by public sanitary sewer
system. Any preliminary plat not showing such future re-subdivision plan
shall not be re-subdivided.
25.06. BUTT LOTS. Butt lots shall be platted at least five (5) feet wider than the
average interior lots in the block.
25.07. DRAINAGE. Lots abutting upon a water course, drainage way, channel, or
stream shall have an additional depth or width, as required, to assure house
sites that are not subject to flooding.
26. STREET. No plat shall be approved unless all streets shown thereon shall be
of sufficient width and shall be so located as to accommodate the probable
volume of traffic thereon, afford adequate light and air, facilitate fire
protection, provide access of fire fighting equipment to buildings, and provide
a coordinate system of streets conforming tot he City street plan. In addition,
the street design must meet the following requirements:
26.0 I. In the case of subdivisions for commercial, industrial and public purposes, no
street giving access upon a major street shall be located closer than five
hundred (500) feet, along the same side of such major street, to any other
driveway, public or private street in the same or another subdivision.
26.02. Local street shall be so planned as to discourage through traffic.
Page 10 of34
26.03.
26.04.
26.05.
26.06.
26.07.
26.08.
26.09.
26.10.
Cull-de-sacs, when used, shall be held to as short a distance as possible
between the origin or main street and the end of the cull-de-sac. Each cull-de-
sac shall have a terminus of nearly circular shape and be a maximum
allowable length of eight hundred (800) feet.
The use of half width streets shall be prohibited, except where essential to the
reasonable development of the subdivision in conformity with the other
requirements of these regulations and the overall plan of the neighborhood in
which the plat is situated. Wherever a half street is adjacent to a tract to be
subdivided, the other half of the street shall be platted within such tract.
Reserve strips controlling access to streets are prohibited.
The minimum distance between center lines of parallel or approximately
parallel streets intersecting a cross street from opposite directions shall be one
hundred fifty (150) feet.
Intersections of more than two (2) streets at one point shall be avoided.
Dead end streets shall be prohibited unless provided with a turn-around or
cull-de-sac arrangement.
Right-of-way requirements may be increased for specific thoroughfares if
existing or anticipated traffic flow warrants it, or if drainage easements
parallel such thoroughfares. Such increased width will be set by the Council
under the advisement ofthe Planning Commission and City Engineer.
Minimum right-of-way widths, paving widths, angle of intersection, curb
radius, horizontal alignments, vertical alignments, as well as maximum
grades, shall be in accordance with the following tables:
STREET DESIGN STANDARDS
ARTERIAL COLLECTOR
CUL-DE-SAC
LOCAL
Right-of-way 120' 66'
Paving Width 52' 36'
Maximum Grade 5%
Minimum Angle to
Intersection 90 90
Horizontal Aligmnent (minimum radius of center line)
* *
60' radius 7
46' radius
60'
32'
8%
70
70
*
*
Vertical curves (minimum sight distance)
150' 200'
* = Subject to approval of City Engineer
100'
Page 11 of34
ARTICLE 3 - CONSTRUCTION AND IMPROVEMENTS
31.
32.
33.
33.01.
33.02.
GENERAL CONDITIONS. Upon receipt of the preliminary plat approval by
the Council and prior to Council approval of the final plat, the subdivider shall
make provision, in the manner here-in-after set forth, for the instal1ation at the
sole expense of the subdivider for such improvements as shall be required by
the City, which improvements may include but are not limited to street,
sidewalks, public water systems, sanitary sewer systems, surface and storm
drainage systems and public utility services. The installation of the said
improvements shall be in confonnity with approved construction plans and
specifications and all applications and all applicable standards and ordinances.
DEVELOPER'S AGREEMENT. Prior to the instal1ation of any required
improvements and prior to approval of the final plat, the subdivider shaIJ enter
into a contract with the City which contract shall require the subdivider to
construct said developd improvement at the sole expense of the subdivider
and in accordances at the sole expense of the subdivider and in accordance
with approved construction plans and specifications and all applicable
standards and ordinances. The contract will define the developers
responsibilities with regard to City Improvement. 3 Said contract shall provide
for the supervision of construction by the City Engineer, and said contract
shall require that the City be reimbursed for all costs incurred by the City for
engineering and legal fees and other expenses in connection with the making
of such improvements. The performance of such contract shall be financially
secured by a cash escrow deposit or perfonnance bond as here-in-after set
forth.
FINANCIAL SECURITY. The developer's agreement shaIJ require the
subdivider to make a cash escrow deposit or in lieu thereof to furnish a
perfonnance bond in the following amounts and upon the following
conditions:
ESCROW DEPOSIT. The subdivider shaIJ deposit with the Treasurer a cash
amount equal to one hundred fifty (150) percent of the total cost of such
improvements as estimated by the City Engineer, including the estimated
expense of the City for engineering and legal fees and other expenses incurred
by the City in connection with the making of such improvement.
{
~~E.~...O?RMAN~CCE BOND. In lieu of~ cash deposit,
subdIvider may furnish ~~perfonnance bond, Wlth a corporate
surety satisfuctory to the City, in a penal sum equal to one hundred fifty (150)
percent of the total cost of such improvements as estimated by the City
Engineer, including the estimated expense of the City for the engineering and
legal fees and other expenses incurred by the City in connection with the
making of such improvements. Release of the perfonnance bond will be
Page 12 of34
33.03.
34.
35.
36.
37.
38.
CONDITIONS. The developer's agreement shall provide for a completion
date on which all of the required improvements shall be fu1ly installed,
completed and accepted by the City. The completion date shall be determined
by the Council after consuhation with the City Engineer and the subdivider,
and shall be reasonable in relation to the construction to be performed, the
seasons of the year and proper correlation with construction activities in the
subdivision. The developer's agreement shall provide that in the event the
required improvements are not completed within the time allotted, the City
shall be allowed by exercise its power to recover on the performance bond or
utilize the escrow deposit to complete the remaining construction to City
standards and specifications. In the event the amount of funds recovered is
insufficient to cover the cost of construction, the Council may assess the
remaining cost to the lands within the subdivision.
CONSTRUCTION PLANS. Construction plans and specifications for the
required improvements conforming in all respects with the standards and
ordinances of the City shall be prepared at the expense of the subdivider by a
professional engineer registered by the State of Minnesota. Such plans and
specifications shall be approved by the City Engineer and shall become a part
of the developer's agreement. Two prints of said plans and specifications
shall be filed with the Clerk.
INSPECTION. All required improvements shall be inspected during the
course of construction by the City Engineer and acceptance of said
improvements by the City shall require prior written certification by the City
Engineer that said improvements have been constructed in compliance with
the plans and specifications.
PRIOR IMPROVEMENTS. Improvements which have been completed prior
to application for final plat approval or execution of the developer's
agreement shall be accepted as equivalent improvements provided the City
Engineer shall certny in writing that said improvements conform the City5standards.
AS BUILT PLANS. Upon completion of installation of all required
improvements, the subdivider shall file with the Clerk a reproducible tracing
and two copies of the plans and specifications showing all improvements as
fina1ly constructed and installed. All as built plans will be prepared by City
Engineer and the time billed to the developer.
IMPROVEMENT CONSTRUCTION. All required improvements specified
in this Article shall be constructed in accordance with the City standards and
all other applicable City, County and State regulations. 3
Page130f34
38.01. DEVELOPMENT IMPROVEMENTS]
38.01-01 SITE GRADING. 3
1. The Developer shall do all site grading including the front 100 feet
of the lots, common green way and open spaces, storm water storage
ponds and surface drainage ways including sodding of boulevards all
in accordance with the approved grading, drainage and site plan. A
grading plan with maximum two foot contours and cross sections as
necessary shall be submitted and approved by the City prior to
commencement of any site grading. ]
2. Boulevards shall be graded at an incline of two percent (2%) behind
the curb. The sidewalk construction shall be in accordance with the
City approved Street Scape and shall reflect a consistent grade that
follows the back of the curb. ]
3.
A.
After substantial building completion and prior to the
issuance of an occupancy permit, a Certificate of Survey
shall be provided to the City verifying that the lot grading has
been accomplished to the approved standards. ]
B. The Certificate of Survey will locate the following: ]
1. Property irons. ]
2. Buildings. ]
3. Driveways.]
4. Drainage easements. 3
5. Utility easements. ]
6. Sewer service at the property line. ]
7. Water service and shut off at the property
line.]
C. The Certificate will also provide the followiny elevations: 3
1. Grading at the front lot line.
2. Grading at property comers. 3
3. Lowest floor elevation and structure type. ]
4. 100 year flood elevation and 100 year flood
]
contour property.
38.01-2 SOIL EROSION. The Developer shall control soil erosion insuring: 3
1. All development shall conform to the natural limitations presented
by the Topography and soil of the subdivision in order to created the
best of potential for preventing soil erosion. The Developer shall
submit an erosion control plan, detailing all erosion control measures
to be implemented during construction, said plan shall be approved
Page 14 of34
by the City pnor to the commencement of site grading or
construction. 3
2. Erosion and siltation control measures shall be coordinated with the
different stages of development. Appropriate control measures as
required by the City shall be installed prior to development when
necessary to control erosion. 3
3. Land shall be developed in increments of workable size such that
adequate erosion and siltation controls can be provided as
construction progresses. The smallest practical area of land shall be
exposed at anyone period of time. 3
4. Where the topsoil is removed, sufficient arable soil shall be set aside
to be re-spread over the developed area. The topsoil shall be
restored to a depth of at least four (4) inches and shall be of a quality
at least equal to the soil quality prior to development. 3
38.Q]-3. MONUMENTS AND MARKERS. The Developer shall place iron
monuments in accordance with State Statute. 3
38.01-4. CURB STOPS. The Developer shall arrange with the City to make all
necessary adjustments to the curb stops to bring them flush with the top-soil
(after grading). 3
38-01-5. TREES.3
1.
The Developer shall remove all dead and diseased trees before
building permits will be issued. 3
2.
One boulevard tree shall be planted per dwelling unit, except on
corner lots where two trees shall be planted, on each street. 3
3.
Boulevard trees shall be one and one-hale to two inches diameter
twelve (12) inches above ground as planted with a minimum of five
feet in height. American National Standard Institute (ANSI) nursery
stock specification. Bare root trees will be allowed to be planted as
follows: 3
Spring planting: 3
Deciduous - April 7 to June 1: 3
Evergreen - April 7 to May 17.3
Fall planting:
Deciduous - October 10 to November 15: 3
Evergreen - August 25 to September 15.3
Trees not planted within this time period shall be balled and burlap.
Page 15 of34
Actual dated may change dependent upon seasonal conditions as
determined by the City Forester. FaH planting may not be
recommended or aHowed. Special project requirements will be
specified within the development agreement. 3
4. A detailed landscape plan shaH be submitted to and approved by the
City Forester prior commencement of final grading and landscaping
construction. 3
5. Weather permitting, trees, sod and seed shaH be planted before
certificates of occupancy are issued for a lot, unless otherwise
specified in the Development Agreement. 3
6. AH trees shall be warranted to be alive, of good quality and disease
free for a period of twelve (12) months after planting. The first tree
replacement shall be warranted for twelve (12) months from the time
of planting. City shaH be entitled to draw upon the security posted
herein for replacement of any trees. Developer shall not enter into
any agreements with the homeowners, which provide for installation
of the boulevard trees by the homeowners. 3
7. Sodded areas shall be warranted to be alive, of good quality and
disease free for a period of thirty (30) days. The first sod
replacement shall be warranted for thirty (30) days from the
replacement date. Seeded areas shall be warranted to be alive, of
good quality and disease free for a period of sixty (60) days. 3
38.01-6. SIDEWALKS. The Developer shall be responsible for the installation of
sidewalks. The sidewalks shaH be constructed in accordance with City
standards. Plans and specifications for the sidewalks shall be submitted to the
City Engineer for review and approval. 3
38.01-7. STREET MAINTENANCE.
I. The Developer shall be responsible for street and sidewalk
maintenance, including curbs, boulevards, sod, sidewalks and street
sweeping until the development is accepted by the City. 3
2. Warning signs as per the Minnesota Uniform Traffic Control Devices
Manual shall be placed when hazards develop in street to prevent the
public from traveling on same and directing attention to detours. If
and when the streets become impassible, such streets shall be
barricaded and closed. 3
3. The Developer shall maintain a smooth driving surface and adequate
drainage on all temporary streets. No builders will be allowed on the
Page 16 of34
dedicated street areas until the streets are completed and accepted by
the City. 3
4. The Developer may request, in writing, that the City keep the streets
open during the winter months by plowing snow from said streets
prior to final acceptance of said streets. The Developer shall
reimburse the City for all snow plowing prior to final acceptance of
the street. The City shall not be responsible for reshaping said
streets because of snow plowing operations if they are requested.
Snow plowing service does not constitute final acceptance of said
streets. 3
5. It is understood that if soil is excavated from the development and
moved off the property all City and County streets which are used
for hauling shall be maintained free of debris and soil; and property
within the City limits upon which the soil is stored shall also be
maintained free of debris and have adequate erosion control. 3
38.01-8. STREET LIGHTS.
I. Residential street lighting shall be owned, installed, operated and
maintained by the electric utility company servicing the
development. The City and the electric utility company shall enter
into a contractual agreement on the rate and maintenance of the
street lighting system. 3
2. It shall be the responsibility of the Developer to: 3
A. Reimburse the City for the operating cost of the street
lighting system for a period which will extend to one year
after the utilities and improvements of the Development have
been accepted by the City or until such time that fifty percent
(50%) of the lots in the subdivision are occupied, which ever
is greater. 3
B. Pay the electric utility company any costs incurred in the
installation of the street lighting units not covered in the
electric utility company rate for this service. 3
C. The above street lighting costs shall be guaranteed in the
same manner as the other development improvements and the
City shall be entitled to draw upon the Letter of Credit posted
herein in the event of nonpayment. 3
38.01-9. STORM SEWER. The Developer shall dedicate and survey all storm water
holding ponds as required by the City. The Developer shall be responsible for
the storm sewer cleaning and holding pond dredging, as required, by the City
Page 17 of34
prior to until such time that all primary buildings within the subdivision are
completed or two years after final acceptance of the streets by the City, which
ever occurs first. 3
38.01-10. SITE GRADING. The Developer shall be responsible for securing all
necessary approvals and permits from all appropriate Federal, State, Regional
and Local jurisdictions prior to the commencement of site grading. 3
38-01-11. STREET SCAPE. The Developer shall make provision that all gas, telephone
and electric utilities shall be installed to serve the development as per the City
Street Scape Plan. 3
38-01-12. GROUND COVER CONTROL. All unoccupied lots shall be maintained in
such a manner that ground cover will not be allowed to grow more than 24
inches in height at any time. Should the Developer not respond within ten
(10) days to the City's request to cut the vegetation, the City shall take action
to do so and shall bill the Developer. Ifthe bill is not paid in thirty (30) days,
the cost of the maintenance shall be a lien against the property and may be
certified for collection with the real estate taxes, or at the option of the City
Council may be deducted from the Developer's Letter of Credit. 3
38.01-13. SCREENING
I. The Developer shall install as a part of the site grading a protective
screen planting berm in areas deemed appropriate and/or necessary
by the City Council. 3
2. The plantings will provide a mmlmum of sixty (60%) percent
opacity year round and shall reach a minimum of (10) feet in height
at the maturity. Deciduous shrubs shall be minimum of twenty-four
(24) inches in height, deciduous trees shall be a minimum of one (1)
inch caliper, and conifer shall be a minimum of four (4) feet in
height at the time of planting. The landscape plan for the berm shall
be submitted to and reviewed by the City Forester for approval. 3
3. All planting shall be warranted to be alive, of good quality and
disease fee for a period pftwelve (12) month or one (1) growing year
which ever is greater after acceptance of the City streets and utilities.
The first planting replacement shall be warranted for twelve (12)
months from the time planting. City shall be entitled to draw upon
the security posted herein for replacement of any plantings. 3
4. Developer shall not enter into any agreements with the homeowners,
which provide for installation of the boulevard trees by the
homeowners. 3
Page 18 of34
38.01-14. INSURANCE. Developer(s) and/or all its/their subcontractors shall take out
and maintain until one (1) year after the City has accepted the private
improvements, public liability and property damage insurance covering
personal injury, including death, and claims for property damage which may
arise out of the Developer's work or the work of his subcontractors or by one
. directly or indirectly employed by any of them. Limits for bodily injury and
death shall be not less than Five Hundred Thousand and nollOO ($500,000.00)
Dollars or more. The City shall be named as an additional insured on the
policy, and the Developer or all its subcontractors shall file and the Developer
or all its subcontractors shall file with the City a certificate evidencing
coverage prior to the City signing the plat. The certificate shall provide that
the City must be given ten (10) days advance written notice of the cancellation
of the insurance. The certificate may not contain any disclaimer for failure to
give the required notice. 3
38.01-15. COSTS. Cost of Developer's improvements, description and completion
dates shall be described in the development agreement, to include a security
requirement of 150% ofthe cost. 3
38.02. CITY IMPROVEMENTS3
38.02-1. STREET IMPROVEMENTS. Street grading, graveling and stabilizing,
including construction of berms and boulevards. 3
38.02-2. STORM IMPROVEMENTS. Storm sewers, when determined to be
necessary by the City Engineer, including all necessary catch basins, inlets
and other appurtenances. 3
38.02-3. SANITARY SEWER IMPROVEMENTS. Sanitary sewer laterals or
extensions, including all necessary building services and other appurtenances.3
38.02-4. WATER IMPROVEMENTS. Water main laterals or extensions, including all
necessary building services, hydrants, valves and other appurtenances. 3
38.02-5. PERMANENT STREET IMPROVEMENTS. Standard street surfacing,
including concrete curb, gutter and sidewalk. 3
38.02-6. TRAFFIC SIGNING IMPROVEMENTS. Standard street name signs at all
newly opened intersections. 3
38.03. STREETS. The streets shall be graded if required by the Council to the
grades and dimensions shown on plans and profiles and approved by the
Council and shall include the following improvements:
38.03-1. Suitable drainage structures, culverts, storm sewers, ditches and related
installations shall be provided to insure adequate drainage of all points along
Page 19 of34
the streets. There shall be no surface or at grade cross street drainage.
38.03-2. Concrete curbs and gutters will be required on all streets.
38.03-3. The base course shall consist of latest Minnesota Department of Highways
approved material, bearing a seven (7) ton design and shall include a
geotextile fabric mat as specified by the City Engineer.2
38.03-4. "Blacktop" paving as specified by the city Engineer shall be required on all
streets after water distribution lines, storm sewers and sanitary sewers have
been installed.
38.03-5. The boulevards shall receive three (3) inches of topsoil and be seeded.
38.04. SIDEWALKS. Paved sidewalks five (5) feet wide of Portland cement,
concrete or asphalt concrete mal be required on one or both side of streets
designated as collector or arterial.
38.05. STORM DRAINAGE. The construction of a storm drainage system shall
conform to the following requirements:
38.05-1. Drainage ditches or channels shall have a mllllmum gradient of one (1)
percent.
38.05-2. Open watercourses shall have adequate capacity and erosion control to insure
safe and healthful disposal of storm water.
38.05-3. When topsoil has been removed from the surface of a lot on a slope where
erosion will cause a displacement of loose material, the subdivider shall be
required to seed or provide other means to prevent the wash from damaging
adjacent property or accumulating on street surfaces.
38.05-4. Design of storm drainage facilities shall be compatible with adjacent areas
including the extension of abutting existing storm sewers. Design of all
drainage structures shall be based on the five (5) year occurrence fro design
intensity using run-off co-efficient and concentration times as determined by
the City Engineer.
38.06. WATER SUPPLY. Where public water supply is available, as determined by
the Council, the subdivider shall connect to such public water supply and
construct a system of water mains with a connection for each lot. The
minimum size of water mains shall be six (6) inches and the minimum size of
private water services shall be one (1) inch. Water mains and services for
commercial and industrial uses or for the extension of major trunks shall be
determined by the City Engineer.
Page 20 of 34
38.06-1. Where public water is not available, the subdivider shall supply acceptable
evidence of the availability of water. The subdivider may be required to make
on or more test wells in the ear to be platted if such evidence is deemed not
acceptable. Copies of well logs from said test wells which are obtained shall
include the name and address of the well driller and shall be submitted with
the plan to the Council.
38.06-2. If a private individual water supply is permitted, individual private wells shall
be located at least twenty-five (25) feet from property lines; fifty (50) feet
from all septic tanks; approximately one hundred (100) feet from all tile
disposal fields and other sewage disposal facilities; ten (10) feet from all cast
iron sewer lines; thirty (30) feet from any vitrified sewer tile lines; and shall
not be located within any floor plan.
38.07. SEWERS. All plats within the Urban Service Area Shall be connected to the
municipal sewer system.
38.08. UTILITIES. Every lot in a subdivision shall be capable of being served by
utilities, and easements acceptable to the utility companies shall be provided.
Electric, gas and other utility distribution lines shall be installed within public
rights-of-way or within properly designated easements. To the fullest extent
possible, underground utility line shall be installed within the right-of-way
adjacent to but not beneath existing and proposed paved areas.
38.09. TREES. One (I) tree per lot shall be planted in accordance with adopted City
standards except on comer lots on which two (2) trees will be planted. The
location and types of trees must meet the approval of the Council.4
38.10. STREET LIGHTING. In single and multiple family developments, the
developer shall install residential ornamental street lights and custom policies
as recommended by the City Engineer. In commercial or industrial
developments, the developer shall install commercial or industrial metal poles
and fixtures as recommended by the City Engineer.
38.11. STREET NAME AND TRAFFIC CONTROL SIGNS. In single and multiple
family developments, the developer shal1 instal1 all street name signs and
traffic control signs as deemed necessary by the City Engineer. In
commercial and industrial developments, the developer shall install all street
names signs and traffic control signs as deemed necessary by the City
Engineer.
38.12. SODDING. The developer must sod the front yard, boulevard and side yards
to the rear of the structure on every lot. The required sodding shall be placed
prior to occupancy or an escrow deposit shall be submitted to the City in a
dollar amount sufficient to guarantee the required sOdding.9
Page 21 of34
ARTICLE 4 - PLAT SPECIFICATIONS AND PROCEDURE
41. GENERAL. In a subdivision for residential use ofless than five (5) lots and
where the lots abut existing public roads and utilities, the Council may waive
certain requirements such as topographic, street and utility specifications, in
the instance such information is not required.
42. SKETCH PLAN. The subdivider shall prepare a sketch plan to present to the
Planning Commission at the advisory meeting. This plan may be drawn as a
freehand pencil sketch and does not require precise dimensions or any special
sheet size. This sketch plan may be used to show the Commission the
location, proposed street and lot layout and any other significant features of
the proposed subdivision.
43. PRELIMINARY PLAT. The following maps and data shall be submitted
with the application for preliminary plat approval. These maps and data may
be on separate sheets or combined on one sheet, depending on the size and
complexity of the proposed subdivision. The overall size of the sheets shall
be determined by the City Engineer.
43.01. LOCATION MAP. A map of the proposed subdivision showing:
43.0]-1. Boundary lines of proposed subdivision, clearly indicated;
43.01-2. Existing zoning of the tract and adjacent properties;
43.0]-3. Tota] approximate acreage in said plan;
43.0]-4. Location, widths and names of all existing or previously platted streets or
other public ways, showing types of improvements, if any railroad and utility
right-of-way, parks and other public open spaces, permanent building and
structures, easements, and section and corporate line within the tract and to a
distance of one hundred (100) feet beyond the tract.
43.02. SITE MAP. A map of the proposed subdivision and all lands within five
hundred (500) feet of its boundaries showing:
43.02-1. Contours of the site at vertical intervals of two (2) feet;
43.02-2. Character and location of natural or artificial features existing on the land
which would affect the design of the subdivision, such as wooded areas,
drainage ditches, direction and gradient of ground slope, embankments,
retaining walls, buildings, or non-residential usage ofland;
43.02-3. Names of owners of properties adjacent tot he subdivision;
Page 22 of 34
43.02-4. Existing and proposed streets and rights-of-way, including widths and
purposes;
43.02-5. Existing and proposed easements, including widths and purposes;
43.02-6. Utilities, including the size, capacity, and facilities, water lines, gas mains and
power lines;
43.02-7. Areas subject to periodic overflow of flood or storm waters;
43.02-8. Tract boundary lines by calculated distances and bearings;
43.02-9. Title, graphic scale, north point and date.
43.03 SUBDIVISION PLAT. A plat of a the proposed subdivision drawn on an
overlay of the topography at a scale no smaller than one hundred (100) feet to
one (1) inch showing:
43.03-1. Proposed name of subdivision, which name shall not duplicate the names of
any plat theretofore recorded in the County;
43.03-2. Location by section, town and range, or by other legal description;
43.03-3. Names and addresses of owner and subdivider, and the names of the city
planner, land planning consultant or surveyor who prepared the plan;
43.03-4. Street pattern, including the names (which shall not duplicate existing streets
in the City unless it is an extension of an existing street), widths of rights-of-
way of streets, approximate length of streets and widths of easements for
alleys;
43.03-5. Indication of the proposed storm runoff through use of arrows or notes;
43.03-6. Layout of lots, including dimensions, square footage, numbers, front yard
lines, building setback lines on odd shaped lots; location and widths of
easements;8
43.03-7. Location and area of parcels of land to be dedicated or reserved for schools,
parks, playgrounds or other public or community use;
43.03-8. Legend, notes graphic scale, north point and date.
43.04. ENGINEERlNG PLANS. Engineering plans prepared by a registered
engineer for the proposed subdivision may be requested by the City engineer
during the subdivision process and shall include but not be limited to the
following:
Page 23 of 34
43.04-1. Show location and invert elevations of proposed sanitary sewer on preliminary
plat;
43.04-2. Show storm sewer pipe, catch basins and invert elevations on proposed plat.
Indicate backyard drainage with arrows;
43.04-3. Show proposed street grades every one hundred (100) feet on preliminary plat.
43.05. RESTRlCTIONS. A draft of the protective covenants or private restrictions
to be incorporated in the final subdivision plat.
44. FINAL PLAT. The final plat shall be drawn at a scale no smaller than one
hundred (100) feet to one (I) inch. The final plat shall show:
44.01. Subdivision name, name and address of owner and subdivider, source of title
ofland as shown by the books of the County Register of Deeds, graphic scale,
north point, date, certificate of approval of Council.
44.02. Survey data showing:
44.02-1. Accurate angular and lineal dimensions for all lines, angles, and curvatures
used to describe boundaries, streets, easements, area to be reserved for public
use and other important features. Lot lines to show dimensions in feet and
hundredths.
44.02-2. An identification system for all lots and blocks.
44.02-3. True angles and distances to the nearest established street lines or official
monuments (not less than two), which shall be accurately described in the
plat.
44.02-4. Municipal, township, county or section lines accurately tied to the lines of the
subdivision by distances and angles.
44.02-5. Radii, internal angles, points and curvatures and lengths of all arcs.
44.02-6. Accurate location of all monuments. Pipes or steel rods shall be placed at the
comers of each lot and at each intersection of street center lines.
44.02-7. Accurate outlines, legal descriptions of any areas to be dedicated or reserved
for public use, or for the exclusive use of property owners within the
subdivision with the purposes indicated therein.
44.02-8. Certifications by a registered land surveyor, to the effect that the plat
represents a survey made by him and that monuments and markers shown
Page 24 of 34
44.04.
44.05.
45.
45.01.
45.02.
45.03.
thereon exist as located and that all dimensional and geodetic details are
correct.
Notarized certification by owner, and by any mortgage holder ofrecord, of the
adoption of the plat and the dedication of streets and other public areas.
With submission of the final plat, ten (10) copies of the plat map showing all
addresses correctly labeled shall be supplied to the City Clerk for subsequent
distribution to the utility companies, local school districts, and Fire and Police
Department2
PROCEDURES FOR SUBMISSIONS OF PLATS.
GENERAL: The preliminary plat of the proposed subdivision must be
approved by the Council before any person, firm or corporation proposing a
subdivision shall proceed with any grading and improvements for streets or
installation of public utilities. The final plat of the proposed subdivision must
be approved by the Council and recorded in accordance with the provisions
hereof before any person, firm or corporation proposing a subdivision shall
sell, agree to sell, transfer lease of otherwise convey any lot, parcel or tract in
a subdivision, or construct or commence the construction of any building in a
subdivision.
ADVISORY MEETING. A person or corporation desiring approval of a plat
of a subdivision shall appear before the Planning and Zoning Commission to
discuss his proposal before filing a application for preliminary plat approval.
No fee or formal application is required for this meeting. Its purpose is to
save the subdivider time and money. The subdivider shall be prepared to
discuss the details of his proposed subdivision, including such items as the
proposed use, existing features of the area, existing covenants, land
characteristics, availability of community facilities and utilities, size of
development, play areas or public areas, proposed protective covenants,
proposed utilities and street improvements. The commission will answer any
questions from the subdivider any suggest professional advice.
PRELIMINARY PLAT. After the advisory meeting, the subdivider shall
submit an application for approval of a preliminary plat to the Clerk. The
application shall be accompanied by the following:
1. Fifteen (15/ copies of all maps and data set forth in these regulations.
2. A certified check or money order in an amount to cover the scheduled
preliminary fees.
45.03-1. ACTION BY THE CLERK. The developer should submit plans to the Clerk
(10) days before meeting to provide adequate time for review. The clerk shall
Page 25 of34
send one (l) copy of each of the maps and data to the City Engineer, the city
Planner and members of the Planning and Zoning Commission for review.
45.03-2. ACTION BY COMMISSION. The Planning and Zoning Commission shall
review the preliminary plat and shall set a public hearing on the preliminary
plat, the time and place to be published in the official newspaper at least ten
(10) days before the day of the hearing. Following such hearing the
Commission shall recommend approval or disapproval of the preliminary plat
with such changes and conditions as it may suggest and shall transmit its
recommendations. The Commission shall determine whether the proposed
plat is consistent with the regulations specified in this Ordinance and with eh
Comprehensive Plan of the City and Whether the proposed development will
advance the general welfare of the area and the City.
45.03-3. ACTION BY COUNCIL. Upon receipt of the recommendations of the
Planning Commission, the Council shall consider the application and after
holding such public hearings as it deems desirable, shall approve or
disapprove the application with such changes of conditions, if any, as it may
deem appropriate. This may include the requirement for a development
contract between the City and the applicant. Refusal of any of the changes or
conditions shall constitute denial of the application by the City Council.
Failure of the applicant to notify the City Council. Failure of the applicant to
notify the City Council of his acceptance or refusal of the modifications to the
preliminary plat constitute acceptance of these conditions. The City Council
shall approve of disapprove the plat within one hundred twenty (120) days
from the application by the subdivider unless the time period is extended by
agreement.
45.04. FINAL PLAT. Within one hundred eighty (180) days from receiving the last
required approval of the preliminary plat by the City Council, the developer
shall submit an application for final approval to the Clerk, as set forth in these
regulations. The application shall be accompanied by:
1. One (I) copy of the plat which is to be recorded.
2. Ten (10)2 prints of the plat for City record
3. A certified check or money order in an amount to cover the
final fees.
4. A certificate that all improvements required by these
regulations and all other applicable City Ordinances have been
installed in strict accordance with the standards of construction
of the City: or a gnarantee that the improvements will
subsequently be installed by the owner, in the form of a bond
that will cover the cost of improvements as estimated by the
City Engineer or Council. Failure to provide such data within
Page 26 of 34
. "
the ninety (90) day period shall render null and void the
approval of the preliminary plat. An extension of this time
period may be granted by the City Council on request of the
developer.
5, Final Plat will not be approved until developer gets approval
from Rice Creek Watershed.
45.04-1. ACTION BY CLERK. The Clerk shall send one (1) copy of each of the final
data to the City Attomey for review.
45.04-2. ACTION BY COUNCIL. Upon receipt of the reports of the City Engineer
and City Attorney, the Council shall consider approval of the final plat.
Following approval by the Council, the Mayor or other authorized person
shall endorse the plat and the Clerk shall return it to the applicant. If the final
plat is not in substantial compliance with the regulations and conditions set
forth, the Clerk shall return the final plat to the applicant with an attached
statement identifying the areas of non-compliance. The City Council shall
approve or disapprove the plat within sixty (60) days of staff reports.
45.04-3. RECORDING. The subdivider shall present a copy of the approved final plat
to the Register of Deeds of the County. Unless the plat is duly recorded
within sixty (60) days from the date of final plat approval, the City approval
of the plat is void.
45.04-4. NON-COMPLIANCE. In the event the final plat as submitted for final
approval is returned for non-compliance:
1. The applicant may treat such notification as denial of final approval;
2. The applicant may resubmit the plan so it does comply with the
regulations and conditions set forth;
3. The applicant may file a written request for a hearing before the
Council, unless having previously been heard by the Council.
ARTICLE 5 - ADMINISTRATION AND ENFORCEMENT.
51. GENERAL.
51.0 1. ADMINISTRATOR. The City Clerk shall serve as the administrator who
shall be responsible for the administration of this Ordinance and shall:
51.0 I-I. Administer the provision of this Ordinance in accordance with its literal tenns
and regulations.2
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51.01-2. Collect the fees as established by resolution of the City Council.
51.01-3. Maintain permanent and current records pertaining to this Ordinance,
including but not limited to maps, amendments, appeals, and applications
therefore.
51.01-4. Receive, file and forward petitions for appeals, amendments or other action to
the appropriate official bodies.
51.02. PUBIC HEARING. Before acting on any subdivision plan, the Planning and
Zoning Commission shall arrange for a public hearing thereon, after giving
notice of the time and place in the official newspaper of the City at least ten
(10) days prior to the day of the hearing.
51.03. V ARlANCES. The Council may grant a variance upon receiving a report
from the Planning Commission in any particular case where the subdivider
can show that by reason of exceptional topography or other physical
conditions, the strict compliance with the or other physical conditions, the
strict compliance with these regulations could cause unnecessary hardship.
Application for such a variance shall be made in writing by subdivider at the
time the preliminary plat is filed with the Clerk. A variance thus granted shall
be recorded in resolution form entered in the minutes of the Council setting
forth the reason which justified the action.
51.04. INSPECTION. When the plans of streets and other improvements have been
approved as provided in this Ordinance, the subdivider shall first notify the
Clerk of his intention to proceed with the construction or installation of said
streets and improvements, notification shall be made at least twenty-four (24)
hours before any such construction or installation shall commence, so as to
give the City officials an opportunity to inspect the site prior to
commencement of work and to inspect installation or construction of said
streets and improvements during the course of work being performed. In
order to defray a part of the costs incurred by the City in inspecting the
installation of improvements required by the Ordinance, the subdivider shall,
before he proceeds with any construction or installation, present a certified
check or money order made payable to the City in an amount equal to three
(3) percent of the City Engineer's estimate of the cost of the improvements.
51.05. MAINTENANCE BOND. After the utilities and streets are approved, the
developer shall furnish the City with a one (I) year maintenance bond equal to
twenty (20) percent of the construction costs. During the one (1) year
maintenance bond period, the City will perform routing maintenance. Any
unusual problems shall be corrected by the developer. After one (I) year, the
City Engineer will inspect the utilities and streets. If everything is acceptable,
the City will accept full responsibility from that point on.
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51.06.
52.
52.01.
52.02.
52.03.
52.04.
52.05.
BUILDING PERMITS. No building permit shall be issued for the
construction of any building, structure or improvements tot the land or any lot
within a subdivision as defined herein which has been approved for platting,
until all requirements of this Ordinance and all provisions for street
construction and land improvement have been complied with in full.
Furthermore, no building permit will be issued for the construction of any
building structure on any lot within the City which does not abut on a publicly
dedicated in maintained street.
AMENDMENT.
IN GENERAL. This Ordinance may be amended by following the procedure
specified in this section.
INITIATION. An amendment may be initiated by the City Councilor the
Planning Commission or by the petition of a resident to the City Council. An
amendment not initiated by the Planning Commission shall be referred to the
Commission for study and report, and the Council shall not act on the
amendment until it has received the recommendation of the Planning
Commission or until sixty (60) days have elapsed from the date of reference
of the amendment without a report by the Commission.
ACTION BY COMMISSION. Before any amendment is adopted, the
Planning Commission shall hold at least one (1) public hearing thereon after a
notice of the hearing has been published in the official newspaper at least ten
(10) days before the hearing. Following the hearing, the planning
Commission shall make a report of its findings and unless the amendment has
been initiated by the commission, and commission determines not to
recommend it to the Council, it shall file a copy with the City clerk within
fourteen (14) days of the meeting at which the date of the hearing was set.
When the amendment to the Commission. Failure of the Planning
Commission so to report on an amendment not initiated by its, is deemed to be
approval by the Commission of the amendment.
COUNCIL ACTION. Upon the filing of such report, or upon the failure of
the Planning Commission to file such a report within the time prescribed by
Section 52.03 on an amendment proposed by petition or by the Council, the
City Council shall hold such public hearings as it deems advisable. After the
conclusion of the hearings, if any, the Council shall act upon the request
within forty-five (45) days to adopt the amendment or any part thereof in such
form as it deems advisable.
FEE. Any person filing a petition requesting an amendment to this Ordinance,
shall pay a fee according to the schedule established by the City Council. The
fee is payable at the time of filing and is not refundable.
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53.
53.01.
53.02.
54.
APPEALS. The City Council shall have the power and duty of hearing and
deciding appeals where it is alleged that there is an error in any order,
requirement, decision or determination made in the administration or
enforcement of this Ordinance.
PROCEDURE. An appeal for administrative review may be taken to the
Council by any person, firm or corporation or any City officer, department or
agency affected by an adverse decision in the administration or enforcement
of this Ordinance. Such an appeal shall be taken by filing a Notice of Appeal
specifying the grounds there of with the City Clerk and the Council within
thirty (30) days after the decision. If the appeal is not taken by the owner of
the property which is the subject matter of the decision appealed from, the
notice shall not be so filed until after it has been served upon such owner
either in person or by mail. The City Clerk shall forthwith transmit to the
Council all papers constituting the record upon which the action appealed
from was taken. An appeal for an administrative review stays all proceedings,
in furtherance of the action appealed from unless the administrator certifies to
the Council that by reason of facts stated in the certificate, a stay would in his
opinion, cause imminent peril to life or property. In that case, the proceedings
shall not be stayed otherwise than by a restraining order granted by a Court of
competent jurisdiction. The Council shall at its regular meeting after the
filing of an appeal to it from a decision set a date for hearing thereon, which
shall be not later than (sixty (60) days after the meeting. After hearing the
oral or written views of all interested persons, the Council shall make its
decision at the same meeting or at a specified future meeting thereof. The
decision of the Council may be appealed to the County District Court.
FEES. There shall be no fee charged for appeals.
PENALTY. The penalty for violation of this Ordinance shall be defined in
Ordinance No. 19.
ARTICLE n - DEFINITIONS
For the purpose of this Ordinance, certain works and terms are hereby defined as follows:
61.01.
61.02.
61.03.
ALLEY: A public right-of way which affords a secondary means of access to
abutting property.
BLOCK: A tract of land bounded by streets or a combination of streets,
parks, cemeteries, railroad rights-of-way, shorelines, waterways or
corporation boundary line of the City.
BOUNDARY LINES: The line also indicating the bounds of limits of any
tract or parcel of land.
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" .! .
61.04. BUILDING LINES: The line also referred to as setback line means the line
beyond which property owners or others have no legal or vested right to
extend a building or any part thereof without special permission and approval
of the proper authorities.
61.05. BUTT LOT: A butt lot is a lot, the sideline of which coincides with the back
line of one or more other lots.
61.05-1. CITY IMPROVEMENTS: Improvements to be installed by the City as
provided in Section 38.02 and/or the development agreement and financed
through assessments procedures. 1
61.06. COMPREHENSIVE PLAN. The comprehensive development plan made
and adopted by the City of Centerville, Minnesota, indicating the general
locations recommended for major thoroughfares, streets, parks, public
buildings, zoning districts and other public improvements.
61.07. CONTOUR MAP: A map on which irregularities of land surface are shown
by lines connecting points of equal elevations. Contour intervals are the
vertical heights between contour lines.
61.08. CORNER LOTS: The lot or lots within a plat and situated at the corners
thereof so that they are bounded on two sides by streets. This term applies to
any lot within the plat at street intersections and bounded on two sides by
streets.
61.09. CROSS WALK: A right-of-way, municipally owned, which cuts across a
block to furnish access for pedestrians to adjacent street or properties.
61.10. CUL-DE-SAC: (Court or Dead-end Street) A short minor street having one
end open to traffic and being permanently terminated by a vehicular turn-
around.
61.10-1. DEVELOPER IMPROVEMENTS: Improvements to be installed by the
developer as provided in Section 38.01 and/or the development agreement. '
61.11. EASEMENT: A grant the property owner to the use of a strip ofland by the
public, a corporation, or person for specific purposes.
61.12. FRONTAGE: The width of a lot or building site measured on the line
separating it from a public street or way.
61.13. HALF STREET: A street divided longitudinally by a property line.
61.14. LAND SURVEYOR: A registered land surveyor capable of prepanng
engineering plans for land subdivision plats.
Page 3] of34
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61.15.
61.16.
61.17.
61.18.
61.19.
61.20.
61.21.
61.22.
61.23.
61.24.
61.25.
LOT: A portion of a subdivision, or other parcel of land intended as a unit for
transfer of ownership or for development capable of being occupied by one or
more structures.
LOT DEPTH: The mean horizontal distance between the front and rear line of
a lot.
LOT DOUBLE FRONTAGE: A Lot, the generally opposite ends of which
both abut on streets.
LOT WIDTH: The mean width measured at right angles to the depth.
NATURAL WATERWAY: Any natural passageway in the surface of the
earth so situated and having such a topographical nature that surface water
flows through it from other areas before reaching a final ponding area. The
term also means to include any and all drainage structures that have been
constructed or placed for the purpose of conducting water from one place to
another.
OWNER: The person having legal title, his duly authorized agent or attorney
in fact, a purchaser, devisee, fiduciary and a person having a vested interest in
the property in question.
PEDESTRIAN WAY: A public or private right-of-way across a block or
providing access within a block, to be used by pedestrians and for the
installation of utility lines.
PLAT: A map or chart indicating the subdivision or re-subdivision of land,
intended to be filed for record.
RIGHT-OF- WAY: The land covered by a public road or other land dedicated
for public use or for certain private use of, such as land over which a power
line passes.
RESERVE STRIPS: Narrow strips or narrow strips of land usually withheld
from the street right-of-way to form a barrier between certain property and the
public street or thoroughfare.
STREET: A right-of-way, which affords the principal means of access to
abutting property. A street may be designated as a highway, thoroughfare,
parkway, boulevard, road, avenue, lane, drive, place or other appropriate
name. A street may also be identified according to type of use as follows:
A. Arterial Street or Highway: Streets providing for traffic movements
between traffic generation areas.
Page 32 of34
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61.26.
61.27.
61.28.
61.29.
61.30.
61.31.
61.32.
61.33.
B. Collector Streets: Streets provided connection primarily between
arterial streets or arterial and local streets.
C. Local Streets: Streets serving primarily as access to abutting properties
and not intended as major streets or highways caring through traffic.
STREET WIDTH: The shortest distance between lines of lots delineating the
street.
SUBDIVIDER: Any person who undertakes the subdivision of land as defined
herein. The subdivider may be the owner or the authorized agent of the owner
of the land to be subdivided.
SUBDIVISION: The division of a single lot, tract or parcel of land, or a part
thereof, into two or more lots, tracts or parcels of land.
THOROUGHFARE: A public right-of-way with a high degree of traffic
continuity and serving as an arterial traffic way between the various districts
of the City of Centerville.
TOPOGRAPHY: The detailed description of the features of a relatively small
area, also the relief features or surface configuration of an area.
WATERCOURSE: The work watercourse shall include channel, creek, ditch,
drain, river and stream.
WATERSHED: Rice Creek Watershed District.
ZONING: The reservation of a certain specified areas within the municipality
for buildings and structures for certain purposes with other limitations such as
heights, lot coverage and other stipulated requirements.
Adopted on December 8, 1982
(Signature on File)
Gary Savela, Mayor
Attest:
(Signature on File)
Lu Prachar, Clerk-Treasurer
Published in the Circulating Pines on December 16, 1982
1 Adopted: May 13, 1987
Published in the Quad Community Press on July 21,1987
Page 33 of34
~~ , ~ ".
2 Adopted: February 10, 1988
Published in the Quad Community Press on March 1, 1988
3 Adopted: May 22, 1991
Published in the
4Adopted: April 11, 1990
Published in the Quad Community Press on June 4,1991
5Adopted: February 27, 1991
Published in the Quad Community Press on March 19, 1991
6Adopted: Aprilll, 1990
Published in the Quad Community Press on June 4, 1991
7 Adopted: April 24, 1991
Published in the Quad Community Press on May 28, 1991
8Adopted: March 14, 1990
Published in the Quad Community Press on June 4, 1991
9 Adopted: May 11, 1994
Published in the Circulating Pines on June 2, 1994
IOAdopted:
Published in the Quad Community Press on
Page 34 of 34