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Home My WebLink About2003-02-04 P & Z Agenda ~ - , ..... ~ PLANNING AND ZONING COMMITTEE MEETING AGENDA TUESDAY, FEBRUARY 4, 2003 6:30 p.m. L CALL TO ORDER ~:?t I <'Ir' IT. 1.0' 1. RoD CaD PUBLIC HEARING (S) DL V Proposed Interim Ordinance #75 - Moratorium on SlaughterlButcher Shops Within Any Zoning District ~/f)J~ APPEARANCES --b ~~ ~ Cl6 CMf~ ~47s IV. OLD BUSINESS vf/ Ordinance #1- Defining Garbage, Rubbish and Water Matter and Providing for and Regulating the Keeping, Gathering, Receiving, Disposing and Destroying thereof NEW BUSINESS // Applicants for the two (2) vacant positions on the Commission .- tAJLP. ~~;hu~ -aI. Resiguation letter submitted from Commissioner Helmbrecht - ~/ (IU~~ VL DISCUSSION ITEMS v. vn. CONSIDERATION OF MINUTES 1. January 7, 2003 Planning and Zoning Meeting Minutes ~ vm. ADJOURNMENT U)~/~ . tervi{{e 'Estalil1sfwi lB57 STAFF REPORT DATE: February 4, 2003 TO: Planning and Zoning Connnissioners FROM: Kim Moore-Sykes, City Administrator 'liMb RE: Applicants for Planning and Zoning Connnission ........................................................................1 Attached are two letters of interest for the vacant positions on the Planning and Zoning Commission for your review and recommendation to Council. . Jennefer Klennert Hunt 7246 Brian Drive Centerville, MN 55038 January 27,2003 Ms. Kim Moore-Sykes City Administrator City of Centerville 1880 Main Street Centerville, MN 55038 RE: Planning and Zoning Connnission Dear Ms. Moore-Sykes: This letter is to respectfully request that I be considered for membership on the Planning and Zoning Commission. I have lived in Centerville since 1998 and in that short amount of time I have observed many changes in this small community. I feel that it is very important that our community to carefully consider future land uses and also the direction that we are taking with development. I hope to have the opportunity to help advise the city of Centerville on the changes it will make in the future. I have enclosed a copy of my resume for your review. Please let me know if there is further information that you need for me to be considered. I can be reached via phone at (651) 426-3361 or via e-mail atienneferh(iV.vahoo.com. Thank you for your time and consideration. Respectfully yours, L\D- \b-lb- Jennefer Klennert Hunt JENNEFER L. KLENNERT BUNT 7246 Brian Drive Centerville, MiDnesota 55038 Home (651) 426-3361 Work (952) 882-2311 E-Mail: jennefer_h@yahoo.com Objective Offer my time and experience to the City of Centerville by obtaining a position on the City of Centerville Planning and Zoning Commission. Famllv and Residence Single family homeowner in Centerville since 1998. I live in Centerville with my husband Chris, dogs Madeline and Emily, and cat Bobbie. Work ElqIerience 1997 to Present Waste Management of the Twin Cities, Minneapolis, Minnesota. Marketing Specialist. Develop and distribute promotional marketing pieces for the Twin Cities area. Ensure the highest customer service standards are offered to all subscription and contract cities in the Twin Cities Market area. Maintain existing websites for the Twin Cities Market area. 1995 to 1996 Waste ManagemeJd of Wisconsin, Inc., PheasaJd Run Recycling & Disposal Facility. Bristol, Wisconsin. Special Waste Consultant. Assisted customers with disposal of special and industrial waste including soliciting new business and fielding inquiries. Education Master of Science Degree in Technical Communication from Metropolitan State University, SI. Paul, Minnesota, to be completed May, 2003. Solid Waste Certificate (a Post-Baccalaureate program) from the University College, University of Minnesota, Minneapolis, Minnesota, 1998. Bachelor of Science Degree in the Natural Resources Enviromnental studies PrograJll with a Concentration in Waste Management from the College of Agriculture, University of Minnesota, St. Paul, Minnesota, 1995. Volunteer & MembershiD Afliliations American Legion Auxiliary Unit Number SO. Wabasha, Minnesota. Member for 12 years. Northwoods Humane Society. Forest Lake, Minnesota. Lead Volunteer for 3 years. CaJlabiUties Time and ability to learn the issues affecting the City of Centerville. Master of Science in Technical Communication program maintained 3.95 Grade Point Average. Waste Management Circle of Excellence Honoree 2000. City Administrator 1880 Main Street Centerville, MN 55038 January 21, 2003 Dear City Administrator, Greetings! My name is Michelle Lakso. My husband and I are fairly new residents of Centerville. We moved into 1850 Houle Circle in late September. Every experience we have had in dealing with those who work at City Hall has been wonderful. 1 am writing today in regard to the offer for residents to have a chance to serve on a commission. I feel it is a great idea to be involved in the area where I live. The commission I am most interested in is the Economic Development Commission. The foremost reason for why I am interested in serving on this particular committee is to have the chance to be part of the present and future changes in the city of Centerville. I would like to understand more about how the decision-making process works in municipalities. I am very proud to be a citizen of Centerville. I realize that there is a huge potential for growth in this area and I would be happy to have a part in the decisions and goals made for Centerville. Another reason why I would like to become involved in this committee is for my own personal growth and development. I will be starting a Master's degree in public administration this summer with the goal of becoming a city administrator. I would be honored to have the chance to begin my career in the very city in which I live. Although I would prefer to serve on the EDC commission 1 am also open to the other commissions. I would be happy to have a part in any of the important roles each of these commissions play in our growing city. Thank you for your time in reading this letter. Your consideration is much appreciated and I look forward to hearing from you to speak more about this position. Please feel free to contact me at your convenience. My home phone number (651) 407-1423. Sincerely, J ,l . j' ( . i./~'l iLl f'l(!!-( k.t(~f) Michelle Lakso I 850 Houle Circle Centerville, MN 55038 r- - Kim From: Sent: To: Subject: maryjo .helmbrecht@ddc-us.com Wednesday, January 08, 20039:39 AM ksykes@centervillemn.com P&Z Hi Kim, I should probably resign from Planning and Zoning. taken on a few projects, I also have a son graduating this time to give right now. Please let everyone know and good commissioner. Mary Jo Helmbrecht 1 Since the election I have year. I just don't have the luck advertising for a new , IMe~o' , ..t,tJ;: '..' TO: Honorable Chair and Commission Members FROM: Teresa Bender, City Clerk SUBJECT: Snowmobile Ordinance (Ordinance #17-A) DATE: February 3, 2003 You mayor may not be aware that the City has several ordinances available on its web site, The address is www.centerville.govoffice.com. Please obtain a copy of Ordinance #17-A there for your review or one is attached for your convenience. City Staff would like to make this ordinance more user-friendly and understandable. Staff will place this ordinance on the March agenda for discussion. L__ _ t City of Centervi{{e 1694 Sore{ Street, Centeroiffe, 9vf:J{55038 (612) 429-3232 CITY OF CENTERVILLE ORDINANCE NO. 17-A AN ORDINANCE REGULATING THE USE AND OPERATION OF SNOWMOBILES IN THE CITY OF CENTERVILLE, AND REPEALING ORDINANCE NO. 17 RELATING TO THE SAME SUBJECT. The City Council of the City of Centerville ordains: Sect. ion 1. Intent: It is the intent of this ordinance to supplement Minnesota Statues, Sections 84.81 through 84.88, as amended, and Minnesota Statues Chapter 169, with respect to the operation of snowmobiles. Such statues are incorporated herein by reference. This section is not intended to allow what the state statues prohibit, nor to prohibit what the state statues allow. S~ction 2. Definitions: a. For purposes of this Ordinance, terms defined herein shall have the meaning ascribed to them. b. "Person" includes an individual, part.nership, corporation, the state and its agencies and subdivision, and any body of persons, whether incorporated or not. c. "Snowmobile" means a self propelled vehicle designed for travel on snow or ice, steered by skis or runners. d. "Owner" means a person, having the property in or title to a the use or possession thereof. other than a lien holder snowmobile, or entitled to 8. "Operate" means to ride in or 03:1, and cont,rol the operation of a snowmobile. f. "Operator" means eVel')! person Hho oper.5I.tes, or is in actual physical control of a snowmobile. g. "Roadway" means that portio:n of a highway or street improved~ designed or ordinarily used for vehicular travel. h. "Street" means a public thorou.ghfare} rO.3.dWEtY ~ alley 1 or trail used for motor vehicular traffic t-mlcn is not an interstate, trunk, county-state aid, or county highway. -1- ""-". _"~.,_~_;'-'...~T.::=l""""'>:'-'~ . -z- 'uOT1BU11s~P ~o ~ouePTse~ s~01e~edo ~q1 mO~J pue 01 leAe~+ JO 81no~ 1oe~TP 1som 8q1 pez1Tl11n e1JqomMous e JO J01e~8do 8q1 1&q1 BUTPThO~d 'sJnoq 8AOqB eq1 3uT~np el1TA~e1ueo JO A1TJ eq1 BUTAe81 ~o BUTJe1U8 WOJJ 81JqomMous e JO ~01B~8do 8q1 1TqJqOJd 11 11eqs JON 'uJeJeq peTJToeds s~noq eq1 3uJJnp s1ee~1s A1JO uo 3uJ1eJedO WOJJ sel1qowMous 1JqJqo~d 01 pepue1uJ 10U sJ UOJSTAOJd sJq1 'Aep~n1BS pue Aep1Jg "w'e ~ooTo.o OO:S 01 'w'e ~oo1o.o 00;21 pUB 'aepsJnq1 q3no~q1 aepuns "w'e ~oolo.o OO:L 01 'w'd ~oolo.o 00:01 JO s~noq eq1 BUT~na 'q '~noq ~ed selJm (01) Ue1 BUJpeeoxe peeds B 1e eou&uJpJO SJq1 Aq pe11Jw~ed S& S1eeJ1s uD '3 'IJounoO a110 eq1 Aq peho~dde pue pJeoH ~~ed eq1 JO uOJ1n10seJ Aq pe1eu3Tsep eq 118qS e11Th~e1ueo JO A1JO eq1 liT SeeJB pezT~oq1nv 'e1no~ 1se1~oqs eq1 Aq seeJe qons JO 1no pue aT uehT~p eq Aew se1Tqomaous pue 'InJMe1 eq 11eqs esn qons eSBO qOJqMUJ 'p~eoH ~~ed eq1 Aq esn qons ~oJ pezTJoq1ne ~o pe1sJ1 ATsnOTAeJd SeeJB 1deoxe 'SB8JB UOJ1Be~08J pue spanoJ3ABld 'A1~edo~d oJlqnd uD 'J 'geJ+T~oq1ne ToOq09 eTqTsuodse~ wO~J peuJB1qo ATgse~dXe sJ uOTs9Jm~ed SB 1deox8 'spuno~3 100qos AUB uodn 'e 'A1JedOJd PTes JO TOJ1UOO uT uos~ed JO ~eUMO eq1 JO uOJssJwJed oTJToeds 1noq1TM ~eq10uB JO A1JedOJd e1eAJ~d uD 'p ',~eM-Jo-':).qEJJ oJlqnd lWe UJq1 JM spJehelnoq uD '0 'Tehe~1 URTJ1Seped JOJ pepTAOJd ~TeaepTs oTTqnd e aD 'q 's1TWTl e1e~odJoo eq1 UJQ1JM pe~nEJJuoo os eJe sAeMqBJq qons eJeqM sAeMqETq A1anoo pue pre e1e1s~A1unoo '~UnJ1 Aue JO Aeapeo~ pue edols epTsuT eq1 uodn pe1TqTqo~d oSle eJe se1TqowMouS 'UJn1 1J81 B BUJ~ew uT ~o 'UOJ108~TP ewes eQ1 UT BUJpeeooJd JO eueT eq1 uT pedd01s eTorqeA Jeq10ue 3uJssed pue .uJ~e1JeAO ueqM 1deoxe 'AeMpeOJ e~1 JoeBpe ~o q~no pueq 1q~1~ 01 e1qe811oe~d se esolo se JO oTJJe~1 JOJ 2TqP.1TP.AP. U2q~ eU~T pueq ~q8JJ 190W e~~ ~deoxe '~eeJ1S AU~ JO Aeapeo~ eq~ uD 'e :el11A~e1ueo JO A~TO eq+ JO s+TwTT eq1 uJq+Ja aTTqowMoua e d01S JO e1e~edo 'Je1ue 01 uos~ed AUE ~oJ InJMelun s1 11 S uOJ':).oes BUTA r.l:p eWl- ~o':).p..l:eleoo~ e saeetu 'arsJueqoeUl tII0JJ peBE2uesJP eq 0+ JO+Otu eq+ pesneo 'el~10Jq1.;t0 eUT2ue eq1 illOJJ pehOWeJ sJ eJnsse~d ueqa qOJqM eOJAep "el1':).oJt{':). A1eJes" JO "el110Jq1 uewpl?ea.. 'f UE .10 ae;): el~+ p""3JeA&.:q puel '8~god~nd A~~P~O~ ~oJ ~u~m~9~e SUt1.0 o11qnd eq+ -q;")"l=T.{t1. U1 +~&.I+g .;lO Ll.1?l1T."f:~q:tf d' .&q J-o d1=.:Ei-.8 8..l1+U8 81.1+ SU!;i';;+Tll "A"~H.-JO-:j..Tra1a" -1 L__ , i. Within two hundred (200) feet of church property during the hours of church services, and during the hours of other church functions. This provision in not intended to prohibit snowmobiles from operating on City street adjacent to church property during the hours specified herein. Sent. ion 4. City traffic ordinances shall apply to the operation of snowmobiles upon streets and highways, except for those relating to required equipment, and except those which by their nature have no application. Section fi No snowmobile shall enter any uncontrolled intersection without making a complete stop. The operator shall then yield the right-of-way to any vehicles or pedestrians at the intersection, or so close to the intersection as to constitute an immediate hazard. Section 6 Person under 18. a. No person under 14 years of age shall operate on streets or make a direct crossing of a City street as the operator of a snowmobile. A person 14 years of age or older, but less than 18 years of age, may operate a snowmobile on streets as permitted under this Ordinance, and make a direct crossing of such streets only if he has in his immediate possession a valid snowmobile safety certificate issued by the Commissioner of Natural Resources as provided by M.S. 84.86., or a valid motor vehicle operators license. issued by the Commissioner of Public Safety or the drivers license authority of another state. b. It is the snowmobile section. unlawful for the owner of a snowmobile to permit to be operated contrary to the provision of this SAction 7. It is unlawful for any person to operate a snowmobile within the limits of the City of Centerville: a. So as to tow any person on a public street or highway except through use of a rigid tow bar attached to the rear of the snowmobile. Exception: A disabled snowmobile may be towed to a private residence without the use of rigid towbar. -3- ........--.--.....-. ~_._-,._._.'--~~~-------.> -]>'- ~U9~9dWoo JO ~~nOD B 4q P1IBAu1 eq o~ PIeq eq eou&u1P~O slq~ JO uOTs1Ao~d ~9q~0 ~O 9sueIo 'uoTs1A1pqns 'uoT~oes aue PTnoqs : A'.j. n1qe~"'A"S ',r u01~0"'S '9~n~e~s e~e~s aq peuTJep se peqsTuud eq T1eT{S u01'+olAuo;::> uodu pue ~OUBelJlepS,W e JO k+1,n15 eq TIeqs 90ueUTP~0 g,q~ JO gUOTS,AO~d eq~ q~,M aIdWOo O~ geSnJe~ ~O 8~oeT15eu 'S~llJlO 'sAeqos,p '99~eTo,A OqM U09~9d aUV ;>J9,~[BU9d Ot U01~09S 'w,q q~,M ewes 9q~ e~e~ pue Ae~ 8q~ 8AOW9~ 'uo,~TU15, eq~ ~OOT TTeq9 80eTd oTTqnd e uo 9TlqolliMous & 15U1AeeT uos~ed a~eA:B: '6 u01~0"'S 'eTl5ue (06) ee~l5ep a~eu,u & .j.& 9~q15,T ~oeTJe~ o~ se os 's~eq9Ipu&q eq~ JO p~eM~oJ 'epTs qo&e uo seqouT 9~enDS (9r) Uge~x,s ~seeT ~e T&,~8~eW 8A,~oeTJea 'p 'sUO,.j.1PUOO o,~9qdsow~e T&lli~OU ~9pun sS8u~~ep JO s~noq 15uT~np ~e9~ 9q~ o~ ~99J (009) p9~punq 9A,J JO 90UB~9,p e wO~J eTqTsTA ATu,eTd ~q15TI pe~ e ~,q,qX9 o~ p8~ (r) 8uO ~se8T ~e q~,M peddTnoe eq osre TTeqs ~I '~0~e~8do elTqowMous l5UTlJIOOUO UB JO seAe 8q~ o+u, pe~09fo~d +ou e~& SA&~ 15uT~eT15 ~Bq+ pewTe os eq TTeqs dW&I peeq qons 'suo,+lPuOO o,~eqdsow~e TBW~OU ~epun sseu~~ep JO s~noq el-l'+ l'U1~np peeqB ~8eJ (oln) pe~punq euo +seeT ~e JO eoue~sTP e ~e seTo,qeA pue suos~ed TBeA8~ 0+ A~TSU8+UT ~ueloTJJns q~,M '+UO~J 9q+ 0+ p8qoe~~e dWBI ~eeTo euo ~se9r ~e 'A~TITqTs,A p9onp9~ JO sewl~ ~e ~o '8sT~uns e~oJ8q ~noq JTeq 8UO 0+ '~9suns ~9+Je ~noq JTeq BUO JO s~noq 9q~ u8eM~eq pe+B~edo ueqM '0 'uOT~TpUOO 2Ul~Q~edO u1 81~~o~q~ "uBmpRap" P~II~o os ~o A~&Je9 V 'q 'UOT~e~8dO JO UO,~TPUOO Aue ~8pun 9TTqoWMOUS eq~ 'PToq pue do~s o~ pue 'Jo ~u9llieAow 8q~ TO~~UOO o~ 9~Bno9pB s9~e~a 'e :l'U1MOTTOJ eq~ q~lM peddTnoe sf ~, sS8Iun 8rTfA~e~ueo JO A+,O 8q~ JO s~,wTT eq+ uTq~,M 80eTd AU& eT,qowMous e e~e~edo o~ uos~ed Aue ~OJ TnJMBTun sT ~I '8 uo ;'.j.0es '+uepn~d pUB eTqBuosee~ ueq~ ~9+ee~15 pe8ds e ~e se8~e e90q+ UT (UOT~~~~do ~o 9U9g~ed ~eq+o ~~~UBpU~ ~o ~gn q+TM +~TIJUOO PTno~ UOT~gJ9dO eq~ 9~eqM ee~e 5UTPTTs ~o ~U,~ 15UT~g~S 'ueT~~98ped 'UelliJ8qsTJ Aua JO +88J (001) peJpunq euo UT,q~T,M 'q jurisdiction, such decision shall not affect the validity of the Ordinance as a whole, or of any part thereof, other than the part held to be invalid. }. Adopted by Athe. City Council l../-I-h day of On I "{~(r oZi~~~~- ayor of the City of Centerville this 1991. ATT ST: tI LQ;f,YUlVtii Clerkl Adminis -:.)- Minnesota Statutes 2002,84.81 Page 1 of2 Minnesota Statutes 2002. Table of Chapters Table of contents for Chapter 84 84 . 81 Defini t.ions . Subdivision 1. Applicability. For the purposes of Laws 1967, chapter 876, the terms defined herein shall have the meaning ascribed to them. Subd. 2. partnership, subdivisions, not. Person. "Person" includes an individual, corporation, the state and its agencies and and any body of persons, whether incorporated or Subd. 3. Snowmobile. "Snowmobile" means a self-propelled vehicle designed for travel on snow or ice steered by skis or runners. Subd. 4. OWner. "Owner" means a person, other than a lien holder, having the property in or title to a snowmobile entitled to the use or possession thereof. Subd. 5. Operate. "Operate" means to ride in or on and control the operation of a snowmobile. Subd. 6. Operator. "Operator" means every person who operates or is in actual physical control of a snowmobile. Subd. 7. R8gister. "Register" means the act of assigning a registration number to a snowmobile. Subd. 8. CODIDissJ.oner. "commissioner" means the commissioner of natural resources acting directly or through the commissioner's authorized agent. Subd. 9. Roadway. "Roadway" means that portion of a highway improved, designed, or ordinarily used for vehicular travel. Subd. 10. Dea1er. "Dealer" means a person, partnership, or corporation engaged in the business of selling snowmobiles at wholesale or retail. Subd. 11. Manufacturer. "Manufacturer" means a person, partnership, or corporation engaged in the business of manufacturing snowmobil'es. Subd. 12. Co11ector snowmobile. "Collector snowmobile" means a snowmobile that is 25 years old or older, was originally produced as a separate identifiable make by a manufacturer, and is owned and operated solely a5 a collector's item. subd. 13. device" means attached to a Metal. traction device. "Metal traction any metal device or array of metal devices snowmobile track to enhance traction that is: http://www.revisor.leg.state.mn.us/stats/84/81.html 2/3/2003 Minnesota Statutes 2002, 84.81 Page 2 of 2 (1) made of metal, except that metal cleats affixed perpendicular to the direction of travel of a snowmobile track which was manufactured in 1981 or earlier shall not be considered a metal traction device: or (2) affixed to a snowmobile track with metal components that extend more than one-fourth inch from the bottom of the track. BIST: 1967 c 876 s 3; 1969 c 695 s 1,2; 1969 c 1129 art 10 s 2; 1971 c 577 s 1; 1986 c 444; ISp1995 c 1 s 5; 1999 c 231 s 86 Copyright 2002 by the Office of Revisor of Statutes, state of Minnesota. http://www.revisorJeg.state.mn.us/stats/84/81.html 2/3/2003 Minnesota Statutes 2002, 84.88 Minnesota Statutes 2002. Table of Chapters Table of contents for Chapter 84 84.88 Pen~ti.s. Subdivision 1. Penalty. Any person who shall violate any provision of sections 84.81 to 84.89 or any rule of the cOmmlssioner of natural resources or of the commissioner of public safety promulgated pursuant to law shall be guilty of a misdemeanor. Subd. 2. Owner's pena~ty. A person registered as owner of a snowmobile may be fined not to exceed $300 if a snowmobile bearing the person's registration number is operated contrary to the provisions of sections 84.81 to 84.88, or 97B.091. The registered owner may not be so fined if (a) the snowmobile was reported as stolen to the commdssioner or a law enforcement agency at the time of the alleged unlawful act, or if (b) the registered owner demonstrates that the snowmobile either was stolen or was not in use at the time of the alleged unlawful act, or if (c) the registered owner furnishes to law enforcement officers upon request the identity of the person in actual physical control of the snowmobile at the time of such violation. The provisions of this subdivision do not apply to any person who rents or leases a snowmobile if such person keeps a record of the name and address of the person or persons renting or leasing such snowmobile, the registration number thereof, the departure date and time, and expected time of return thereof. Such record shall be preserved for at least six months and shall be prima facie evidence that the person named therein was the operator thereof at the time it was operated contrary to sections 84.81 to 84.88, or 97B.091. The provisions of this subdivision do not prohibit or limit the prosecution of a snowmobile operator for violating any of the sections referred to in this subdivision. HIST: 1967 c 876 s 10: 1969 c 1129 art 10 s 2: 1971 c 23 s 10: 1971 c 491 s 3: 1971 c 577 s 10: 1973 c 701 s 2: 1985 c 248 s 70: 1986 c 386 art 4 s 14: 1986 c 444 Copyright 2002 by the Office of Revisor of Statutes, State of Minnesota. http://www.revisor.leg.state.mn.us/stats/84/8 8 .html Page 1 ofl 2/3/2003 Minnesota Statutes 2001,84.90 Page 1 of2 JYIirillescta Statutes 200 i_Table of Chapters Table of '~ontem:8 for Chanter 34 84.90 Limitations on the operation of recreational motor vehicles. Subdivision 1. Definitions. For the purposes of this section the following terms have the meanings given them: (a) "Recreational motor vehiclev1 means any self-propelled vehicle and any vehicle propelled or drawn by a self-propelled vehicle used for recreational purposes, including but not limited to snowmobile, trail bike or other all-terrain vehicle, hovercraftt or motor vehicle licensed. for highway operation which is being used for off-road recreational purposes. (b) "Snowmobile" has the same meaning given by section ~4.81, subdivision 3. Subd. 2. Within metropolitan area. Within the seven county metropolitan areal no person shall enter and operate a recreational motor vehicle on lands not owned by the person, except where otherwise allowed by law, without the written or oral permission of the owner, occupant, or lessee of such lands. Written permission may be given by a posted notice of any kind or description that the owner, occupant, or lessee prefers, so long as it specifies the kind of vehicles allowed, such as .by saying "Recreational Vehicles Allowed," "Snowmobiles Allowed," "Trail Bikes Allowed," "All-Terrain Vehicles Allowed," or words SUbstantially similar. Subd. 3. Outside metropolitan area. Outside the seven county metropolitan area, no person shall enter on any land not owned by the person for the purpose of operating a recreational motor vehicle after being notified, either orally. or by written or posted notice, by the owner, occupant, or lessee not .to do so. Where posted no-tice 'is used! signs shall bear letters not less than two inches high and shall state one of the following: lIRecreational Vehicles Prohibited," "Snowmobiles Prohibited;" "Trail Bikr:~s Prohibited," "All-Terrain Vehicles Prohibited,lT or words substantially similar. In lieu of the above notice an owner, occupant or lessee may post any sign prohibiting recreational motor vehicles which has been adopted by rule of the corr~issioner of natural resources. The notice or sign shall be posted at corners and ordinary ingress and egress to the property and when so posted shall serve so as to raise a conclusive presumption that a person operating a recreational motor vehicle thereon had knowledge of entering upon such posted lands. Failure to post notice as provided in this subdi~ision shall not deprive a person of the right to bring a civil action for damage to one's person or property as otherwise provided by law. SubdQ 4. Pos'ting; trail racilitiss. It is unlawful for a person to post, mutilate, or remove any notice or sign provided in this section upo~ any lands or waters over which the person has no right, title, interest, or license. It is unlawful for a persen other ti"lan a duly constituted legal authority to so post any public lands? including but not limited to tax-forfeited landsi as above described. It is unlawful for a person to mutilate, destroy, damage, or remove any shelter, hit)?;! !WVifW .revisor .leg. state. inn. us! stats/84!90 .htrrJ 1/3/02 Minnesota Statutes 2,001,84.90 comfort station or other trail facility on any trail established on state-owned land or on any recreational trail which is funded in whole or in part by state grant-in-aid funds. Subd. 5. Gates; fencing. No person shall enter or leave the lands of another with a recreational motor vehicle, or pass from one portion of such lands to another portion, through a closed gate, without returning the gate to its original position. No person shall enter or leave the lands or another with a recreational motor vehicle by cutting any wire or tearing down or destroying any fence. Subd. 6. Additional prohibitions. Nothing in this section shall limit or otherwise qualify the power of municipalities, counties, school districts, or other political subdivisions of the state or any agency of the state to impose additional restrictions or prohibitions on the operation of recreational motor vehicles on property not owned by the operator in accordance with law. Subd. 7. Penalty. A person violating the provisions of this section is guilty of a misdemeanor. RIST: 1974 c 468 s 1; 1981 c 215 s 1; 1985 c 248 s 70; 1986 c 444 Copyright 2001 by the Office of Revisor of Statutes, State of Minnesota. http://vv'vw.revisor.leg.state.all.us!stats/84/90 .hfWJ l______ Page 2 of2 1/3/02 Minnesota Statutes 2001,84.872 Page 1 of2 - -" C1 ..,r.n -, ,...,., < - t' ~, t IVllnnescta ~tatutes :LV J'.L i able Gi....:nap ers Table of contents tor Chapter 84 84.872 Youthful snowmobile operators; prohibitions. Subdivision 1. Rest:ictions on ope:ation. (a) Notwithstanding anything in section 84.87 to the contrary, no person under 14 years of age shall make a direct crossing of a trunk, county state-aid, or county highway as the operator of a snowmobile, or operate a snowmobile upon a street or highway within a municipality. A person 14 years of age or older, but less than 18 years of age, may make a direct crossing of a trunk, county state-aid, or county highway only if the person has in immediate possession: (1) a valid snowmobile safety certificate issued by the commissioner; (2) a driifer's license that has a valid snowmobile qualification indicator issued under section 171..07, subdivision 12; or (3, an identification card that has a valid snowmobile qualification indicator issued under section 171.07, subdivision 12. (b) Notwithstanding section 84.862, no person under the age of 14 years shall operate a snowmobile on any public land, public easements, or water or grant-in-aid trail unless accompanied by one of the following listed persons on the same or an accompanying snowmobile, or on a device towed by the same or an accompanying snowmobile: the person's parent, legal guardian, or other person 18 years of age or older designated by the parent or guardian. However, a person 12 years of age or older but under the age of 14 years may operate a snowmobile on public lands, public easements, and waters or a grant-in-aid trail if the person has in immediate possession a valid snowmobile 'safety certificate issued by the commissioner or an identification card with a valid sno1:"o'111obile qualification indicator issued under section 171.07, subdivision 12. Subd~ la. Helmet required. (a) No person under the age of 18 shall operate or ride a snownobile in this state without wearing protective headgear that complies with standards established by the commissioner of public safety. (b) The provisions of this subdivision shall not apply to persons during their participation in a parade that has been granted a permit or other official authorization by a local unit of goverDJnent or to a person operating a snowmobile on land that is owned by the person or the person1s parents, grandparents, siblings, uncles, or aunts. Subd. 2. O~n9=rS dutidS. It is unlawful for any person who is the owner or in lawful control of a snowmobile to permit th2 snoww.obile to be operated contrary to the provisions of this section. http://wyvw.revisor.leg.state.illll.uslsrats/84/3 72 .htlnl 1/3/02 Minnesota Statutes 2001, 84.872 Subd. 3. Reporting convictions; suspensions. When the judge of a juvenile court, or any of its duly authorized agents, shall determine that any person, while less than 18 years of age, has violated the provisions of sections 84.81 to 84.88, or any other state or local law or ordinance regulating the operation of snowmobiles, the judge, or duly authorized agent, shall immediately report this determination to the commissioner and may recommend the suspension of the personls snowmobile safety certificate~ The commissioner is hereby authorized to suspend the certificate, without a hearing. HIST: 1969 c 695 s 10; 1971 c 577 s 9; 1986 c 444; 1987 c 89 s 1; 1993 c 184 s 2; 1994 c 623 art 1 s 9; 1994 c 632 art 2 s 20; 1997 c 226 s 9; 1999 c 231 s 95; 2001 c 185 s 12 Copyright 2001 by the Office of Revisor of Statutes, State of Minnesota. l__ _httP~/~,~w.re\fisor.!eg.state.mIl.US/SiatS/84/872.html Page 2 of2 l/3/02 Minnesota Statutes 2001,84.91 Page] of2 jVfinnesota Statutes 2001~ Tabie of Chapters Table of contents for Chanter 34 84.91 Operation of snowmobiles and all-terrain ?ehicles by persons 1U1der the influence of aloohol or controlled substances. Subdivision 1. Acts prohibited. (a) No owner or other person having charge or control of any snowmobile or all-terrain vehicle shall authorize or permit any individual the person knows or has reason to believe is under the influence of alcohol or a controlled substance or other substance to operate the snowmobile or all-terrain vehicle anywhere in this state or en the ice of any boundary water of this state. (b) No owner or other person having charge or control of any snO\;mobile or all-terrain vehicle shall knowingly authorize or permit any person, who by reason of any physical or mental disability is incapable of operating the yehicle, to operate the snowmobile or all-terrain vehicle anywhere in this state or on the ice of any boundary water of .this state. (c) A person who operates or is in physical control of a snowmobile or all-terrain vehicle anywhere in this state or on the ice of any boundary water of this state is subject to chapter l69A. In addition to the applicable sanctions under chapter 169A, a person who is convicted of violating section 169A.20 or an ordinance in conformity with it while operating a snowmobile or all-terrain vehicler or who refuses to comply with a lawful request to submit to testing under sections l69A.50 to 169A.53 or an ordinance in conformity with itr shall be prohibited from operating the snowmobile or all-terrain vehicle for a period of one year. The commissioner shall notify the person of the time period during which the person is prohibited from operating a snowmobile or all-terrain vehicle. (d) Awninistrative and judicial review of the operating privileges prohibition is governed by section 97Bo066, subdivisions 7 to 9r if the person does not have a prior impaired driving conviction or prior license revocation, as defined in section 169A.03. Otherwise, administrative and judicial review of the prohibition is governed by section 16.~A.5.3. {e) The court shall promptly forward to the conu.nissioner and the departj.Ttent of publiC safety copies of all convictions and criminal and civil sanctions imposed under this section and chapter 169 relating to snowmobiles and all-terrain vehicles. (f) A person who violates paragraph (a) or (b), or an ordinance in conformity with either of them, is guilty of a misdemeanor. A person who operates a snowmobile or all-terrain vehicle during the time period the person is prohibited from operating a vehicle under paragraph (c) is guilty of a misdemeanor. Subd. 2. Repealed; lSp1997 c 2 s 69 http://'N''Nvv.revisor.leg.3tate,iill1.lis!stats!84!91.ht~.n1 1/3/02 Minnesota Si:iltutes 2001,84.91 Subd. 3. Repealed, lSp1997 c 2 s 69 Subd. 4. Repealed, lSp1997 c 2 s 69 Subd. 5. Repealed, lSp1997 c 2 s 69 Subd. 5a. Repealed, lSp1997 c 2 s 69 Subd. 6. Repealed, lSp1997 c 2 s 69 Subd. 7. Repealed, lSp1997 c 2 s 69 Subd. 8. Repea.led, lSp1997 c 2 s 69 HIST: 1987 c 368 s 3; 1990 c 391 art 8 s 12; 1992 s 1; 1994 c 615 s 1,2; 1995 c 230 s 3; lSp1997 c 2 s 231 s 96; 2000 c 478 art 2 s 7; 2000 c 495 s 4 c 570 art 2 2; 1999 c Copyxiqht 2001 by the Office of Revisor of Statutes, State of Minnesota. hHp:! lvV"VTV seviso;r.leg, state.nul. us/ stats/84/91.htnll L_ __ _ _ _ Page 2 of2 1/3/02 lV[iUl'.Bsota Statutes 2001, 84.923 lvlir.u"lescta Statutes 200 L Table of Chapt0fs Table of contents for Chapt~r 84 84.923 Re~Jirements of makers of all-terrain vehicles. Subdivision 1. Identification number. All vehicles made after January 1, 1985, and sold in the state, must have manufacturer's permanent identification number stamped in letters and numbers cn the vehicle in the form and at a location prescribed by the commissianero Subd. 2. Registration number. All vehicles made after January 1, 1985, and sold in the state, must be designed and made to provide an area to affix the registration number. This area shall be at a location and of dimensions prescribed by the commissioner. HIST: 1984 c 647 s 3 Copyright 2001 by the Office of Revisor of Statutes, State of Minnesota. http://w-..;.rv.j.revlsor.leg.state.run.us/stats/84/923 .html Page 1 of 1 1/3/02 **'************* '* TIll 2ND ANNUAl * *' 'NO 1m '* '* February 7& 8,2003 * '* TAl toOlIft', Mon IIIIIITW....C * mwYlN~"'ftU.1 '* (rmmARrDrmaNTONWUTIRR' *' *************** \ 'tf~~ . ~~. '.'~ ....,. " ..; ~ Fridav. Februarv 7. 2003 - 7:00 D.rn. Activities held at Laurie LaMotte Park Sponsored hy the Parks and Recreation Committee . Skate Night (Children and Adults) . Bonfire, Hot Cocoa & Popcorn . Horse Drawn Hay Ride . Stargazing Lessons for the Family - Saturdav. Fd>>ruarv 8. 2003 - 9:00 a.m. - 4:00 D.m. Near Waterworks and ADoka County Regional Park Beach . Frozen 5k Run / Walk - Coordinated by Vacation Sports (WBL) 9:00 80m. at Laurie LaMotte Park I Register at Race . Ice Fishing Contest - Sponsored by the Centerville Lions 11:00 80m. to 2:00 p.m. · Golf on Ice for the Entire Family - 12:00 - 4:00 p.m. Sponsored by the Quad Area Chamber of Commerce · Snowshoe Demonstrations, Races and More!! . Bonfire, Scavenger Hunt & Snow Sculpture · Coloring Contest - Mainstreet Bank · Softball on Ice Tournament CaD Bm at Kelly's Korner for info 65J-7191 . Pig Roast · Volleyball Tournament - 12:00 p.m. · Live Music at Kelly's Korner - 9:00 p.rn. Featuring: "The Late Arrivals" Reunion Tour DON"I' IIIin' our DfTIR fOlDf roll 1lIOII DrrOIllATIOIIC Oll an 1IAI1651"19-!m Events sponsored in part by Centerville's Economic Development Committee. All events are free, donations will be accepted Snow Biz U For Ages 3-6 and 7-10 3-6 YEAR OLOS - Stop in and pick up the "Bank in your neighborhood" picture. Color the picture and drop if off at the Bank. 1 st Prize.....$25.00 Savings Bond & Coloring Set 2nd Prize.....Dairy Queen Coupons ($10.00 value) 7-10 YEAR OLOS - Create your own picture using a Bank Theme, color it and drop it off the the Bank. 1 st Prize.....$25.00 Savings Bond & an Artist Set 2nd Prize.....Oairy Queen Coupons ($10.00 value) Judging will be done on February 8th and Prizewinners will be announced at Snow Biz, on Centerville Beach at noon 7111 21st AVE. N. and also will be notified at hom/ __ Deadline: Mon. Februa~ You can use: *Crayons *Colored Pens *Markers *Gel Pens ;~ ~ ' Mainstreet Bank . . .------. CEf<t..'TERVILLE 651-762-9440 . -, , CITY OF CENTERVILLE PLANNING AND ZONING COMMISSION JANUARY 7, 2003 Pursuant to due call and notice thereof, the Planning and Zoning Commission held their regularly scheduled meeting on January 7, 2003, at 6:30 p,m. PRESENT: Ray DeVine Tom Wilharber Brian Hanson David Kilian ABSENT: Mary Jo Helmbrecht and John McLean COUNCIL: Council Member Broussard Vickers STAFF: Ms. Moore-Sykes I. CALL TO ORDER 1. RollCall The meeting was called to order at 6:34 p.m. II. APPROVAL OF AGENDA III. A W ARDSIPRESENTATIONS/APPEARANCES 1. Mr. Richard Carlson (Concept Plans - Hunter's Crossing Phase In Mr. Richard Carlson addressed the Commission and gave an ovcrview of his proposed plan for Hunter's Crossing Phase II indicating it would contain approximately 77 lots and connect to the Pheasant Marsh development. Mr. Carlson indicated he met with the Park and Recreation Committee and the Committee is reviewing the plan for parks and trails. He then indicated that the homes would be similar to the first phase of Hunter's Crossing with prices starting at $400,000. He further explained that he would like to obtain approval from the City to use varied lot widths in order to create the type of development he has proposed that allows for different types of houses, Mr. Carlson indicated part of the property is scheduled to go into MUSA in 2006 and part in 2010 but, if the plans for the development are approved, he intends to request an Page 1 of9 . " " Planning and Zoning Commission Meeting Minutes January 7,2003 amendment to the Comprehensive Plan to allow it. He then indicated that the majority of the homes will be full basement type homes, either two story or rambler. Mr. Carlson estimated that, if approved, he would like to grade the development in 2003, install utilities in early 2004 and begin home sales later in 2004 with approximately six homes sold in 2004 followed by 12 homes in 2005 and the balance of the lots sold in 2006. Chair Hanson asked what the property zoning is. Council Liaison Broussard Vickers indicated it IS currently zoned agricultural and indicated the zoning would have to be changed. Chair Hanson asked what zoning the first phase of Hunter's Crossing used. After some discussion it was determined that the first phase of Hunter's Crossing is zoned R-5. Chair Hanson commented that the only way have the varying lot sizes would be to ask for RZ-A zoning or a PUD. Mr. Carlson asked if it would be possible to use RZ-A with different square footages. Commissioner DeVine explained that with this type of development it would make more sense to use the POD designation. Council Liaison Broussard Vickers indicated that RZ-A would allow for twin homes and she did not think the City would want to do that. After some discussion it was determined that a POD designation, provided the development met all the criteria, would make the most sense. Chair Hanson commented that Lot 14 did not seem to have much buildable lot if the wetlands stay as is. Mr. Carlson indicated that the drawing provided is very conceptual and was done on a computer. He further indicated that he would need to go back and rework that lot as well as some of the comer lots to make it completely accurate. Commissioner DeVine indicated the concept looked good and said the first development was mce. Commissioner Will1arber asked for an average lot size. Mr. Carlson indicated he did not yet have that information. Commissioner Will1arber asked whether Mr. Carlson would be willing to pay any costs associated with the request to move up the MUSA phasing. Page 2 of9 , Planning and Zoning Commission Meeting Minutes January 7,2003 Mr. Carlson indicated that he would pay any costs associated with changes to the MUSA plan. Commissioner Wilharber indicated he has been with the City off and on since 1973 and has seen a lot of developers come and go. He then commented that the reason he and his family sold the farm to Mr. Carlson is because of the type of developer he is.' He also commented that Mr. Carlson did a very good job with Park View and Hunter's Crossing and he has nothing but good to say about Mr. Carlson as he provides a quality development. Commissioner Kilian thanked Mr. Carlson for coming in to the City so early in the process to allow enough time to work out any issues. Commissioner Wilharber commented that when he was mayor he met with Lino Lakes, Anoka County, and the St. Paul Water Department and all parties were interested in allowing a trail over the waterline easement as long as it was constructed well enough to allow it to be driven on, if necessary. Council Liaison Broussard Vickers indicated that Wayne LeBlanc had indicated at the Park and Recreation Committee meeting that he had recently spoken with the Water Department and they still approve of the trail over the waterline easement. Commissioner DeVine asked how close the development would be to Pheasant Hills Mr. Carlson indicated there would be two 6 acre properties between the development and Pheasant Hills. He further indicated that one of the 6 acre property owners garage is on his property and he is attempting to work that out as well as working out a driveway issue with another property owner. IV. PUBLIC HEARING(S) 1. Mr. Henry Votel- Special Usc Permit (Mini-Storage) Chair Hanson opened the public hearing at 7:05 p.m. Mr. V otel addressed the Commission and provided updated information on the proposed plan indicating that the ponding requirements have changed the building sizes at this time. He also indicated that the building designers have changed the plan to allow wider lanes and combined two of the buildings to allow for covered storage units. Mr. V otel indicated he had met with the fire chief and City Staff concerning the plans. Commissioner Kilian asked if the Fire Chief saw the plans with the covered buildings and whether he had any issue with it. Mr. Votel indicated the Fire Chief had no issue with the covered buildings. Page 3 of9 , Planning and Zoning Cormnission Meeting Minutes January 7, 2003 Mr. V otel provided information on the proposed exterior of the building indicating it would be decorative block and the profile of the building has been changed so there are no doors facing the front end. The plan also showed the proposed locations of the signs and showed possible color choices of a green roof and white doors. Chair Hanson asked ifMr. Votel had consulted the sign ordinance. Mr. Votel indicated they had reviewed the sign ordinance and are aware ofthe allowed signage. Commissioner Wilharber indicated he had recently been in Blaine and saw a similar storage facility and it looked very nice. Mr. V otel indicated that his proposal is very similar to the one in Blaine but his building is proposed to be 10 feet high and the one in Blaine is eight feet high. Commissioner Wilharber asked who would have to maintain the pond, the property owner or the City. Council Liaison Broussard Vickers indicated that the pond would remain the responsibility of the property owner. Commissioner Wilharber asked whether the pond takes care of the other area storm water. Mr. Votel indicated that the pond is large enough only for the storm water on his site. Commissioner Wilharber asked whether the pond was outside of the property lines. Mr. V otel indicated that it was and said he is in the process of obtaining an easement from the other property owner. Mr. V otel indicated he intends to fence the pond to eliminate any attraction hazards the water may cause. Council Liaison Broussard Vickers indicated there is a greenspace requirement for the site. She then indicated that the City needs to act on this request but a permit cannot be issued because the subdivision has not been platted and recorded with the County. Ms. Moore-Sykes indicated that the City would have the ability to extend the 60-day rule by having the applicant sign a waiver. Mr. Vote! suggested approving the permit contingent upon platting and recording along with any other conditions. Chair Hanson indicated the City's ordinance requires a minimum of 10% greenspace as well as 3% landscaped with grass or shrubbery and all green areas abutting streets need to be maintained by the property owner. Commissioner DeVine asked what type offencing would be used. Mr. Votel indicated he intended to use wrought iron fencing six feet tall. Page 4 of9 , Planning and Zoning Conunission Meeting Minutes January 7, 2003 Commissioner DeVine asked whether there would be an attendant present during business hours, Mr, Votel indicated there would be a 40x20 office with a separate business entrance that would have scheduled daily hours, He further explained that during non-business hours the lights dim and motion sensors, cameras, and multiple beam lasers provide security, He also explained that any motion caught by the motion detectors turns on more lights to illuminate the area, Commissioner DeVine asked what the business hours would be. Mr. Votel indicated he would like to be open from 7:00 a.m. to 7:00 p.m. depending upon where the end of the month falls. He then indicated that a few customers would have 24 hour access via a keypad. Commissioner Wilharber asked if the City had heard from any residents concerning the mini-storage. Ms. Moore-Sykes indicated she had no response to the notice sent out. Chair Hanson commented that the sign would not be screened from the residential area and he is concerned with how bright it will be. Mr. V otel indicated he was not sure but offered to call the sign manufacturer to determine the number of lumens produced. He also explained that it would be his intent to either dim or completely turn off the sign during non-business hours. Commissioner Kilian asked how far back the sign would be from 20th Avenue. Mr. Votel estimated it would be approximately 600 feet. After some discussion it was determined that the sign would be located a good distance from the residential area and should not pose a problem. Commissioner DeVine asked for an estimate of the taxable market value of the building. Mr. V otel indicated the taxable market value is estimated to be between $1.5 and $2 million. He then indicated that the phasing of the project changed a little and the two perimeter buildings will be constructed and the two in the rear and the other area will be maintained as lawn until it is built out. Motion bv Commissioner Wilharber. seconded bv Commissioner DeVine to close the public heariul!:. All iu favor. Motion carried unanimouslv. Chair Hanson closed the public hearing at 7:35 p.m. Commissioner Wilharber indicated his calculations put the sign at 610 feet off of 20th Avenue and noted the building inspector would ensure the sign meets the sign ordinance. Page 5 of9 l_ , Planning and Zoning Commission Meeting Minutes January 7, 2003 Commissioner Wilharber indicated he had stopped and looked at the one in Blaine and it is a very nice looking facility. He then said that he has always maintained that the industrial park should employ more people but the valuation of this building will help the City with taxes so the only issue is the piece ofland that belongs to the Carpenter family. Ms. Moore-Sykes indicated that a recommendation of approval would be contingent upon the completion of the subdivision plan, platting, and recording. Motion by Commissioner DeVine. seconded by Commissioner Wilharber to recommend approval of the special use permit subiect to the subdivision. plattinl!. and recordinl! with the County of proposed Parcel C. All in favor. Motion carried unanimously. Mr. Vote! thanked the Commission for the assistance. V. COMMISSION BUSINESS 1. Appointment of Chairperson Motion bv Commissioner Wilharber. seconded bv Commissioner Kilian to appoint Brian Hanson as Chairperson. All in favor. Motion carried unanimously. 2. Ordinance #1 Ms. Moore-Sykes indicated Staff had found two instances where the fees should be removed from the Ordinance and added to the fee schedule so that the Ordinance does not need to be updated each time there is a change in fees. Chair Hanson asked whether the performance bond amount was stili $1,000. Ms. Moore- Sykes indicated that it is. Commissioner Kilian asked whether mlUlmum and maximum container sizes were necessary. Council Liaison Broussard Vickers suggested removing the sizes and having that governed by the contract. Chair Hanson asked if the dollar amounts for the insurance were right. Council Liaison Broussard Vickers indicated she felt the insurance amounts should be higher. Ms. Moore-Sykes indicated she would check with the League of Minnesota Cities to determine what the insurance requirements should be. Commissioner Wilharber suggested reviewing what other cities do before finalizing an update to the Ordinance. Council Liaison Broussard Vickers indicated she would like the City to look into whether it is really in the best interest of the City to be assessing properties for not paying for Page 6 of9 , Planning and Zoning Commission Meeting Minutes January 7, 2003 garbage service. She further commented that she would like to look at the pros and cons and make a determination of whether it is cost effective to do so. After some discussion Council Liaison Broussard Vickers asked Staff whether it would be possible to determine how much the City pays out versus how much has been collected for garbage delinquencies. Motion bv Commissioner WiIharber. seconded bv Commissioner Kilian to direct Staff to obtain the Ordinances from other cities for review. All in favor. Motion carried unanimouslv. 3. Slaughter House/Butcher Shop - Mr. Noo Yang Ms. Moore-Sykes reviewed her Staff report with the Commission explaining that she had toured slaughter houses in St. Paul and had observed live animals being housed on site. She further commented that she and Mr. Palzer had met with Mr. Yang and explained that the metal structure he intends to use for this facility would need a vast amount of upgrades and improvements to meet FDA requirements. And, finally, she has serious concerns as the building abuts residential property. Ms. Moore-Sykes indicated the City of South St. Paul is in the process of trying to buy the current properties to redevelop that area further increasing her concern for the traffic and keeping of animals at this facility, should it be approved. Ms. Moore-Sykes further commented that she had been told by Mr. Yang that this is a $2 million per year business. Ms. Moore-Sykes indicated the moratorium would give the City 12 to 18 months to research the matter. Chair Hanson indicated he had concerns personally because his home is located within 1/lOth of mile of the proposed site. He then said that there are five or six homes closer than his would be. He further commented that he does not feel the site is appropriate for the proposed use. He also indicated he has discussed the matter with residents who are concerned with all the byproducts of housing and slaughtering animals and the potential impact to the neighborhood from noise, smells, etc. Ms. Moore-Sykes indicated the facility would have to meet FDA standards but she is not sure the City could enforce cleaning. Commissioner Kilian indicated that most animals are hauled and unloaded at night rather than during the day and that would be very disruptive to the neighborhood. Ms. Moore-Sykes indicated the operations in South St. Paul begin at 5:00 a.m. with the majority of business conducted on Friday, Saturday, and Sunday. Commissioner Wilharber asked what kinds of live animals were seen on site. Page 7 of9 L___ , Planning and Zoning Commission Meeting Minutes January 7,2003 Ms. Moore-Sykes indicated she saw yearling cattle being housed on site. She then indicated that this was a driving tour of the facility and they had not gotten out of the car but it appeared to be neatly kept. Chair Hanson suggested the City really look into what happened in Hugo as well as what is going on in South St. Paul. Ms. Moore-Sykes indicated the City of South St. Paul is attempting to purchase the properties for redevelopment and she did not see residential close to those businesses. Ms. Moore-Sykes indicated the situation in Hugo was a private property owner had a 20 acre parcel and operated a facility whereby they would do slaughtering for their own needs and for close friends and family. The property was sold and the new owner expanded the business and it created a large controversy. Commissioner Wilharber commented that there would be a lot of upgrades needed to comply with FDA regulations. Ms. Moore-Sykes indicated it is not a good site and the building is non-conforming. Motion bv Commissioner Wilharber. seconded bv Chair Hanson to recommend Council approve an 18 month moratorium for further research. AIl in favor. Motion carried unanimouslv. VI. CONSIDERATION OF MINUTES 1. December 3. 2002 Planning and Zoning Meeting Minutes Ms. Moore-Sykes requested a change: Add square foot after 15,000 on the first page. Motion bv Commissioner Wilharber. seconded bv Commissioner DeVine to approve the December 3. 2002 Meetinl! Minntes as amended. AIl in favor. Motion carried unanimouslv. VII. UPDATES Commissioner Wilharber questioned whether the Commission needed to appoint a Vice Chair as listed in Ordinance 72. He then asked whether Commissioner Helmbrecht had contacted the City concerning her interest in continuing to sit on the Planning Commission. Ms. Moore-Sykes indicated she did not hear back from Commissioner Helmbrecht. Commissioner Kilian indicated there is no age requirement in the Ordinance and questioned whether there should be. Page 8 of9 . Planning and Zoning Commission Meeting Minutes January 7, 2003 Council Liaison Broussard Vickers indicated the person would need to be appointed. She further commented that this Ordinance was recently approved and published so probably would not be changed again right away. Commissioner Wilharber suggested that the other Committees review the Ordinance and provide input because there are some things that need clarification. He then indicated that the Ordinance requires a letter of interest by November 1, 2002 to continue serving. Council Liaison Broussard Vickers indicated that the letter of interest would apply to next year as the Ordinance was not in effect this past November. Council Liaison Broussard Vickers indicated this Ordinance was important to some Council people for uniformity. She then said she was concerned with addressing the attendance problems and the Ordinance does that. Commissioner Kilian noted the Ordinance had a sentence indicating the Ordinance could be changed by the City without the need for a public hearing. He then asked if that could be added to other Ordinances to eliminate public hearings. Council Liaison Broussard Vickers indicated that the sentence works for this Ordinance but not for any Ordinances that affect the general population of the City. Commissioner Wilharber asked whether the committee makes a recommendation to Council when someone has missed several meetings or how that is handled. Council Liaison Broussard Vickers indicated that either Staff or the committee would need to notify Council. Commissioner DeVine indicated the Ordinance should be worded that way to avoid issues with Council removing someone they might not like without recommendation from the committee. Commissioner Wilharber commented that this Commission has been short one member for a while and with one other one not here for three meetings and that would have been four had the Commission met in October it is a real issue. VIII. ADJOURNM,ENJ'3 (}fi.. (\ /~ot~;;?mlssioner Kilian seconded b Commissioner DeVine to ad'ourn the .,) ecember 3 002 Plannin and Zonin Commission Meetin at 8:15 .m. All in I , ' otion carried unanimouslv. lJ Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial, Inc Page 9 of9 tefVi{{e '[.staJj{isJied ),V5i PLANNING AND ZONING COMMITTEE MEETING AGENDA TUESDAY, FEBRUARY 4, 2003 6:30 p.m. L CALL TO ORDER 1. RoD CaD ~ ..~~ ) \y' 1)?:J'~\~1 ' \Q' V Proposed Interim Ordinance #75 - Moratorium on Slaughter/Butcher Shops Within Any Zoning District n. PUBLIC BEARING (S) 1. IlL APPEARANCES 1~ j\~~~ ~W ~.v IV. OLD BUSINESS 1. Ordinance #1- Defining Garbage, Rubbish and Water Matter and Providing for and Regnlating the Keeping, Gathering, Receiving, Disposing and Destroying thereof v. NEW BUSINESS I~~~~J-w}' 1. Applicants for the two (2) vacant positions on the Commission rvf\ 2. Resignation letter submitted from Commissioner Helmbrechty~~l ~ISCU~~~~~~~~~~S ,,~~, ~. I ............--v'-. , ~ I' v- \j'- CONSIDERA nON OF MINUTES VL VlL 1. Jannary 7, 2003 Planning and Zoning Meeting Minutes VIll. ADJOURNMENT ~~~IjJ cJ \..-?1Y q~\ oY ,. ~r-/ ,~ql' 1) \l I ~ ". tervi{{e 'Esta6lisfwf 11357 STAFF REPORT DATE: February 4, 2003 TO: Planning and Zoning Commissioners FROM: Kim Moore-Sykes, City Administrator j~ " ~. RE: Public Hearing on Slaughterhouse Moratorium ........................................................................, A public hearing is scheduled for your Feb. 4th Commission meeting and its purpose is to discuss the implementation of an interim moratorium ordinance to stop all requests by the public to be allowed to place slaughterhouses and butcher shops in any zoning district in the City of Centerville. This memo is coming to you because Staff has received many calls from residents about the slaughterhouse issue and as such, there will probably be several residents in attendance at the Feb. 4th Commission meeting to comment and question the appropriateness of slaughterhouses and butcher shops in Centerville. While these are, of course valid concerns, the discussion on Feb. 4th should be centered around the issue of whether or not the Commission should recommend approval of the implementation of an interim moratorium ordinance on slaughterhouses to Council. <" STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE NOTICE OF PUBLIC HEARING ON PROPOSED INTERIM ORDINANCE #75 (ADOPTING A MORATORIUM ON SLAUGHTERHOUSEIBUTCHER SHOP OPERATION(S) IN ANY ZONING DISTRICT WITHIN THE CITY OF CENTERVILE) NOTICE IS HEREBY GIVEN, that the Planning and Zoning Commission and the City Council of the City of Centerville will consider proposed Interim Ordinance #75. Proposed Interim Ordinance #75 contains language regarding the following: purpose, background, authority, definitions, prohibition, enforcement, separability and duration. The meetings will be held on Tuesday, February 4, 2003 commencing at 6:30 p.m or shortly thereafter and Wednesday, February 12, 2003 commencing at 6:30 p.m. or shortly thereafter. The meetings will be held in Council Chambers at City Hall, 1880 Main Street. Dates are respective to the appropriate governing body hearing the proposed Interim Ordinance #75. The City Hall is ADA accessible. Requests for hearing assisted devices or a sign language interpreter must be received before 4:00 p.m. January 31, 2003. All persons interested are invited to attend and to be heard, orally or in writing. You may call City Hall (651) 429-3232 if you have any questions or if you desire to obtain a copy of the proposed Interim Ordinance. January 15, 2003 Teresa Bender, City Clerk Published in the Quad Community Press January 21 and January 28, 2003 Teresa Bender From: Teresa Bender [tbender@centervillemn.com] Sent: Thursday, January 16, 2003 2:47 PM To: Jim Hoeft (jhoeft@bgslaw.com) Subject: Interim Ordinance - Slaughterhouse-Butcher Shop(s) Dear Jim: Attached, please find a draft Interim Ordinance for Slaughterhouse-Butcher Shop(s) Moratorium. Please review and let me know. Teresa 1I16f2003 Page 1 of 1 - STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVlLLE ORDINANCE #75 AN INTERIM ORDINANCE ADOPTING A MORATORIUM ON SLAUGHTERHOUSEIBUTCHER SHOP OPERATION(S) IN ANY ZONING DISTRICT WITHIN THE CITY OF CENTERVILLE The City Council of the City of Centerville ordains as follows: DEFINITIONS For the purpose of this Ordinance the terms defined in this Section have the meanings given them. "Butcher" a person who kills, dresses or cuts and packages meat for the purpose of sale. "Butcher/Slaughter House" a place/facility where animals are butchered/slaughtered for food. "Meat Processing" the act of cutting, packaging and displaying of any animal or carcass of an animal(s). "Official Controls" means ordinance and regulations which control the physical development of the City, including air space and subsurface areas necessary for mined underground space development pursuant to Minnesota Statute 469.135 to 469.141, or any detail thereof and implement the general objectives of the Comprehensive Plan. Official controls include ordinances establishing zoning, subdivision controls, site plan regulations, sanitary codes, building codes and official maps. "Slaughter" the killing of animals for food. PURPOSE It is the purpose of this interim ordinance to place temporary restrictions on all SlaughterhouselButcher Shop Operation(s) within the City ofCenterville. BACKGROUND There is concern that the current Ordinance #4 provisions exclude such permitted usage within any Zoning District in the City of Centerville. The City Council has initiated the study of possible provisions that need to be contained in Ordinance #4 if such an operation was to take place within the City. The City is in the process of reviewing studies and information from additional communities and upon , completion of this review, will make the necessary revisions to Ordinance #4 for such operation and location of the same if deemed appropriate by Council. AUTHORITY Pursuant to Minnesota Statutes, Section 462.365, Subd. 4, The City is authorized to establish Interim Ordinances to regulate, restrict or prohibit any use or development in all or part of the City while the City or its planning consultant is conducting studies, or has authorized a study to be conducted or has scheduled a hearing to consider adoption or amendment of the comprehensive plan or official zoning controls. The City declares that this Interim Ordinance is established pursuant to the aforementioned statute. PROHIBITION Pursuant to the authority of Minnesota Statutes, 462.355, Subd 4; there is hereby established a moratorium on slaughterhouselbutcher shop operation(s) within in any zoning district in the City of CenterviIle. During the effective period of this Interim Ordinance, applications for amendments to Ordinance #4 or Special Use Permits for the above-mentioned use shall not be accepted, considered or approved by the City. This Interim Ordinance prohibits the further consideration and approval of any amendment or Special Use Permit request for the above-mentioned use. MISDEMEANOR Any person, persons, firm or corporation violating any provisions of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished pursuant to Minnesota Statute 609.02, Subd. 3, or as subsequently amended, plus costs of prosecution. ENFORCEMENT In the event of a violation of this Interim Ordinance, the City may institute appropriate actions or proceedings, including requesting injunctive relief to prevent, restrain, correct or abate such violations. SEPARABILITY Every section, provision or part of this Interim Ordinance is declared separable from every section, provision or part of this Interim Ordinance is adjudged to be invalid by a court of competent jurisdiction, such judgment shall not invalidate any other section, provision or part of this Interim Ordinance. DURATION This Interim Ordinance shall take effect upon its adoption by the City Council and shall remain in effect until the date of the adoption by the City Council of the amendments to official controls contemplated hereunder or twelve (12) months, which ever occurs first. -, City Council may extend this twelve (12) month period for such additional periods as deems appropriate, not exceeding a total additional period of eighteen (18) months. Passed by the City Council of the City of CenterviIle this _ day of ,2003. Attest: City Clerk Mayor Published in the Quad Community Press on 2003 I Effective: 2/27/59 City of Centerville Ord. #1 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE ORDINANCE #1 AN ORDINANCE DEFINING GARBAGE, RUBBISH AND WATER MATTER AND PROVIDING FOR AND REGULATING THE KEEPING, GATHERING, RECEIVING, DISPOSING AND DESTROYING THEREOF: MAKING IT UNLAWFUL TO SPILL GARBAGE, RUBBISH OR W ATERMATTEROF ANY KIND UPON THE PUBLIC WAYS OF THE VILLAGE OF CENTERVILLE: PROVIDING THE MUNICIPAL COLLECTION . OF GARBAGE BY CONTRACT, PROVIDING FOR THE ESTABLISHMENT OF FEES TO BE CHARGED FOR GARBAGE COLLECTIONS: PROVIDING A PENALTY FOR VIOLATION OF THE PROVISIONS OF TillS ORDINANCE: AND REPEALING INCONSISTENT ORDINANCES. THE CITY COUNCIL OF THE CITY OF CENTERVILLE ORDAlNS: SECTION 1. DEFINITIONS. (1) Garbage as used in this ordinance, applies to botb residences and businesses and co=ercial enterprises, and shall consist of organic refuse resulting from tbe preparation of food and decayed and spoiled food from any source, dead animals of not more tban 10 pounds weights each, and glass and tin cans in which foods are customarily purchased. (2) Rubbish, as tbe work is used in this ordinance, consists of wood, leaves, chips shavings, printed matter, paper, paste board, grass, rags, straw discarded wearing apparel, and all otber combustible matter not included in this ordinance under tbe term garbage. (3) Waste matter, as tbe words are used in this ordinance, consists of natural soil, earth, sand, clay, gravel, loam, brick, plaster, ashes, and all noncombustible matter. (4) Farm, as tbe word is used in this ordinance, shall consist of any tract ofland five (5) acres or greater in area used for agricultural purposes. SECTION 2. CARE OF GARBAGE. It shall be tbe duty of every tenant, lessee, or occupant of every private dwelling house, or commercial enterprise, and tbe owner of every furnished flat or apartment house, or business Page 1 of4 , Effective: 2/27/59 City of Centerville Ord. #1 building, except upon a fann, to provide, without expense to the CityofCenterville, and at all times to keep upon the lot upon which such building is located, suitable and sufficient cans or receptacles with suitable handles and have a tight fitting cover for receiving and holding without leakage or escape of odors, all the garbage which would ordinarily accumulate on said premises in one week's time. Such cans shall have a minimum capacity of 10 gallons and a maximum capacity of 30 gallons. * * Amended 12/14/88 Apartment owners of apartment buildings with more than two units shall have a bin on said premises, the size/capacity to be determined by the garbage collection Contractor. All such cans, receptacles, and bins shall be placed so as to be located not more than 35 feet from the point to which the garbage pickup truck may be driven and shall not be located so as to be a public nuisance or in any way offensive. * All garbage shall be wrapped dry and wrapped in paper or placed in a paper bag or cardboard box before it is placed into the garbage can or receptacle. No rubbish or waste matter shall be placed in said garbage cans or receptacle. No garbage can or receptacle shall be placed in any public place. It shall be unlawful to keep, place or deposit garbage on any private grounds or premises except in cans or receptacles as designated by this ordinance. The Building Inspector shall be the exclusive judge of the efficiency of such garbage cans, receptacles and located areas. It shall be unlawful to keep, place or deposit garbage, waste matter, or rubbish on the public ways of the City of Centerville. Garbage in bags shall not be placed outdoors for pick-up except on the date ofpick-up.** SECTION 3. This City Council may license a contractor to collect garbage in the City of Centerville upon payment ofa license fee in the sum of$l 0.00. The City Council may contract with said licensee for the collection of garbage in the City of Centerville on such terms and for such periods as the Council may from time to time determine. It shall be unlawful for any other person or persons to move or carry away any garbage, except from his own premises, except by special permission of the City Council. i SECTION 4. The independent contractor shall furnish his own equipment and labor for the collection of garbage. The independent contractor shall collect garbage within the City ofCenterville and no other person shall make a business of or collect any place within the City ofCenterville. The garbage so collected by such independent contractor shall be disposed of by said contractor in a sanitary manner. The independent contractor shall furnish a performance bond in the amount of $1,000.00, conditioned upon the satisfactory performance of his contract. The independent contractor shall at Page 2 of 4 Effective: 2/27/59 City of Centerville Orc!. #1 all times maintain insurance on all of his equipment, against liability imposed by law, for personal injury in the amount of at least $50,000.00 for injury to anyone person and $100,000.00 for personal injuries arising out of anyone accident and $10,000.00 for property damage. A certificate of said insurance shall be filed with the Clerk. * Amended 12-14-88 ** Amended3-l3-74 SECTION 5. The Contractor of this City of Centerville shall charge a fee to each place or person served, on the basis of services rendered. The amount of said fee shall be determined by the Council. The Contractor may collect the fee directly, if authorized by the Council, and in such case, he shall keep accurate records of all his fee collections and he shall report his fee collections monthly to the Clerk of the City of Centerville. The statements for such fees shall be sent to the place or person served at such intervals as the Council shall determine. The Council may provide for a cash discount on such bills or for a discount for prepayment of an account. The contract with the ihdependent contractor shall be based upon unit price. SECTION 6. It shall be lawful in case any person shall default in the payment of the garbage collection fees for the City Council to collect its fee therefore from said person or the owner of the real property from which the garbage was collected, by civil action or by assessing the same against the real estate. SECTION 7. All licenses granted for the collection of garbage prior to the adoption of this ordinance shall terminate on the effective date of this ordinance. SECTION 8. Any persons violating any provision of this ordinance shall upon conviction thereof by subject to a fine of not exceeding $100.00 or imprisonment for not exceeding 90 days. SECTION 9, All ordinance or provisions thereof inconsistent with the provisions of the ordinance are hereby repealed. Page 3 of 4 1- _ . SECTION 10. Effective: 2127/59 City of Centerville Ord. #1 This ordinance shall become effective upon its publication. Adopted by the Village Council this 27th day of February, 1959. ATTEST: Francis V. Burque Mayor Dan J. Tourville Clerk Published in The Anoka Herald on March 12. 1959. Page 4 of 4 J~-29-2elJ3 16: El4 LM(; r-"l~ -~ CIIIoo 0IrI0 -'- LEAGLE OF t1-l CITIES -f!J ,\ 'J: _ torr'" ~ T~~ """ """'Il.7-9 ~~t.'i ~":: ...."'" " 1.-"l>H"Z-i-'\ II.-.rdI tIIUl~ SltJla 1".01/04 ~ Dste Oll II..,.. '''~ bauU"C" '" ~,,"'\h' . "';. ,,' ", ,~,. "".,...,,,~ '~~ll"'" "ofil'" -- " ,~ , -!~ ow-,' (~,:,~,.j , ;, '~" ' f'~''!J.~:i;''~' ,~#~~~:~~i~ty~.; i,_...........:;..aII'~to~be '....s by ! tbi .~~tIiou...,..a "Duiin... wI\h ',,!be foUowillg:mUlimw.. ..,...ogeo. " " " ~" A, EaCh' pert.a lll,jure4, at I.sst 1$100,0/10. ;::-:',' :- II' , lUlaoKaeclden., at le.ut $300,000. " C. ~,~, at.:ltart, ~.OOO 'I~'~:::!'~"+'~' ..... .::,..,..:,,'h ," " M~"~ '':'"2~~'lb:,>!,,''l~,,..''.:E'" P'l\Nw""_..-,," COVff!ll&.... em"",,,' " :..,,'oftl1e~, "'~':';,, ,," ,. . ",'t"'.' 3. A Cl11'Nftt-r.tU,e,'h""Hn,, ~~811! ~ " " ........ .,~~. ,,,,,,':",,'.~. ~ l__ _ J,*"29-2I303 16' es . > INFORMATION $ERVI~E Cities League of M~nneso B 183 UniVerS)ty Ave E. St. Paul, MN 55101 ( '::,tWity OUt..Witl4#~ , . An Or.drn~nce. ... RegUIa1in". Carbage and Refuse Hauler. ; Ordinance':No:~ . ~i:TIt" o~'Couoi<:i! of lite olty of Hewil; ordinance av fo~: i:Sectlotll:' OeliriiliOrnl: lho 101- lolNingter;".. aa used In' Ihl. . S8cuon, shall have the maaning81 ~"., #0. 'rm. term "g~" mMIl& .aJipull~e WUJe(:\~i!I~g M- irlial'offallVld ~... of dead *~lmaJs buleicdUdl(lg IWmlIn ."c. -"'.... . .~...... Oth'''~''''o<:lV- relll,.__ _.,,, .,..". rie!aw~~... ~.~_~..~t .~ .. "i-i'~ t:.Tllelen:u.~~h,r. refuse" III lans. Ilehee, 91us;' crocke,/Y. ~, paper. ""'xes; rags arnl,~IIlli' ):ar~non-pu1rescibl. __ but ex- c1u)llng e,-nd,' e"flh, bric:I<.. &!!Int, "',n_".I_. !rile brllllc/l....nd. wOOd. .' . 1;Section 2. Llcen5e Requlrell. Jt ls~nlawful f9r any ~~n.~,h'!l" 9~rt>age or other fefu..,rfot.hllW . Witho..r at IieenM lherelor8 f/lll)l m. : CJ!lo, OJ' 10 . heul' garbage. or' ClIher .. relu... from his. own residence or buillne" property oll1.r Ihllll as . lhiii.ln.~.-..' . '1 ;~ionS. u....nu F.... The.' i .n'nulll lee' for II garbage ana . MruSe haul4lrs licen" .. $26.001 '-S8Glion 4. &~iofr. Nothing in .thi8 Sscllon shall Pl'IoVlInt ,..r. oons from hauling gari!ago or. other refliee',korti'lhak oWn risl. del1C8S or busl_ properties prg. ~1d8ci tho> following wi". are Db. saiYed: 'a) that all lIarbage r~ ha(ired In colll"\n,,rs that ar. water-tight on 811 elde<l and the bot- to'" and with IiQhl-fmlng 'cove", On toli; (b) Ihat "II oll'..r refuse i.: h.uled in vehicleawilh loak-proof bocjlea and COmpl8lely covered or "m;loud by oanv.. or ..Olher. mean. or materia/$ $0 .. to COm' pl*1y .fiminatv the POSSibility of los" of Colr90, and, (c) that 11/1 garbage and other rews.. shailbtt dumped or unload.., Ollly alln. deslgnatGd $""italy land-fiU. LEAGUE: OF rN C I TI ES s""OIion 5. Heul..~. .ticens. ReQuiremenlll. . A Haul"r licen.... Shall .be o..-med 0Il1y lIJlOn t~ OOt)dillon: 'iilatlhe Ileen_ "."..~ ~_' 'l)'il! Ybhldealn lloed amdftion.lo 'pnivenl'loss In 1r8nsftot Uquid or I 80110 c;ai'9o. that tilt vehicle' be . "kerltc1o..n ~ lIS ~ from ~ ./ "odcltSt.. p01il.&'aIld iiOt'~j ~~:~81~ ;".!1.:~,!>~r ,1. thlUl re_nai;lly' n . ry.'ta_. . . .:::.~ .....;.;-.JaAd _.me' '1 lecr,...._~ 11I'.,......... '. . .ame be.dWllPOdor unklltdedopllr at i!\e ~ SIIIlItary !8IldflU; . I an~'SlIIclty in-.rdance wnltreg- ulafioll8 relllil1g lhelll1D. "8. a./ote <<~ and ralllae ~...'& 1icentl1 8"-11. be Issued; Ihe'~ sllaJl file with VIe City Cfeik. Tr_urg(8\fldel108lhai ,h,..' h.e,~ei1 !'PullliC'liahiliff,nSiJi:. ~ on all venlcl8ll'In at ~Jhe sum of ""00.000.00 for tile iniU'1 of one PIllIOn. $300.000.00 for the injUlV <<two or mar- P<lOlQns In lhe i sacflio .-..eldent. and $?O.OOO.OO for proPelly daroag.... Said poliey ""aU llan'y an. fnclOrumenl Ihat Ihe'po/'lCie8 wit not be C/lJlceled or terminated wilhout first givIng no- t~..lO !he CIty, in wr~ing, at leur Ihr.. days Jirior to Ihe propo~~ canceRalion. C. llc;ense... enall deUrer all , """.. It> lhe sanital)' "lnd.nll.tnd I shall be l8lluired 10 P4lY non-res;- I . dent ralW for omy re!u$e colected outeide the CIty CoII&cllan outside lhe City and lailvre to P"I non-,.j. . denl rate. therefor. .h..1I b. g/<lunda fer _lion' of lhe 'i' cense. D. The Oourrcll, in the inler...1 of mainlalrnng heathfu,' and sani- tary' COnditione In th.. City, he~ r.~ the right to. speclfy and assign' Certain are.. for all II- eensees, end lO fim~ Ihe number or lioen_ lealJed. P.e12/04 Classification # ~5 B Municipality H-ew/'ft 0. te f;). - if - '1.9...-__ Subject E. Each applicant shaIJ file with I Ille .t;:lIv ClerK- Tr_vAlr. before ~ garDi.ge'and relull<l hauler's I~ C8n~" Is h;sued or renewed. a scIMIllule Of propoud. rateOl 10 be chll19ed' by him during Ihe Ii- ce....'d Period for which ~,apPl" c:atiO\\ 1$ milde. The schediM. of proposed rates, or.s compromise soMdule Ih$raot. shall.:btoap: prov8d by the City CounCil belllre gl8l)ling the license. Nctlting here- In s1i1al1 prevent a Iican_ from Pl'- Ikiolilng Ih.. Councillor reviewing SUI:~:ra1IIs during Ihe)icensed. pe.. . r\od":.aMd the COunell ihall ~Wise l c:on~jdar suCh petklon an~ make ne",",lates ellaaliYe .al any t.me. No . Ilce_ shall ""arg.. rate&other.. lhan the rales app/<lVed by the Cou~oll. . . Section 6. P.nalty. Violalion of this Ordinanc. ""all be amlsde- m""/IOr. . P~d by lI;e City of HeWitt City,;, Counoll !his 4th day of DeQembe~ 1990. . CITY Of HEWm;) Is! Harold'Tril.sch. Mayo, IsI Sam Alieni Cfty Ckirk . Jt:l'I-29-2003 16: e6 LMC ,-,"o/N- c.;. C'ili. p.~ >>.1'..,........ .~ J ~Q'~~c:e~ ~---- ~~cMCl".tc'" ---~ f.l:f~~,"= -- ....., WileTI .... CITY OF _ . '.'. IE rr~llY_CIT'I'C(Ulc&.. - CITY lWl~ A8 FllI.1.CllIllIl' L SECTlClII:>A OF TIIi __ - . CIII.liTa:l ~ ,,*1IImEN. . It. __ CITY OllIS IS ,;.. _.'IU._1ICI1ClH 1l0, ., . ~~~-ll!'~i' ..... t. CSFNJTCNt. "','" 'Y,;.;.';~. 7JIII.............M fill SIIIII:Iii:...- . ,... .. ~ ...r. 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Attached are two letters of interest for the vacant positions on the Planning and Zoning Commission for your review and recommendation to Council. ~ Jennefer Klennert Hunt 7246 Brian Drive Centerville, MN 55038 January 27, 2003 Ms. Kim Moore-Sykes City Administrator City of Centerville 1880 Main Street Centerville, MN 55038 RE: Planning and Zoning Commission Dear Ms. Moore-Sykes: This letter is to respectfully request that I be considered for membership on the Planning and Zoning Commission. I have lived in Centerville since 1998 and in that short amount ohime I have observed many changes in this small community. I feel that it is very important that our community to carefully consider future land uses and also the direction that we are taking with development. I hope to have the opportunity to help advise the city of Centerville on the changes it will make in the future. I have enclosed a copy of my resume for your review. Please let me know if there is further information that you need for me to be considered. I can be reached via phone at (651) 426-3361 or via e-mail atienneferh@.vahoo.com. Thank you for your time and consideration. Respectfully yours, L\D- \6-lh- Jennefer Klennert Hunt ~ JENNEFER L. BLENNERT HUNT 7246 Brian Drive Centerville, Minnesota 55038 Home (651) 426-3361 Work (952) 882-2311 E-Mail: jellI1efer_h@yahoo.com Oblective Offer my time and experience to the City of Centerville by obtaining a position on the City of Centerville Planning and Zoning Commission. Family and Residence Single family homeowner in Centerville since 1998. I live in Centerville with my husband Chris, dogs Madeline and Emily, and cat Bobbie. Work ~erience 1997 to Present Waste Management ofthe Twin Cities, Minneapolis, Minnesota. Marketing Specialist. Develop and distribute promotional marketing pieces for the Twin Cities area. Ensure the highest customer service standards are offered to all subscription and contract cities in the Twin Cities Market area. Maintain existing websites for the Twin Cities Market area. 1995 to 1996 Waste Management of Wisconsin, Inc., Pheasant Run Recycling & Disposal Facility. Bristol, Wisconsin. Special Waste Consultant. Assisted customers with disposal of special and industrial waste including soliciting new business and fielding inquiries. Education Mastel' of Science Degree in Technical Communication from Metropolitan State University, St. Paul, Minnesota, to be completed May, 2003. Solid Waste Certificate (a Post-Baccalaureate program) from the University College, University of Minnesota, Minneapolis, Minnesota, 1998. Bachelor of Science Degree in the Natural Resources Environmental Studies Program. with a Concentration in Waste Management from the College of Agriculture, University of Minnesota, St. Paul, Minnesota, 1995. Volunteer & Membershi'p Affiliations American Legion Auxiliary Unit Number 50. Wabasha, Minnesota. Member for 12 years. Northwoods Humane Society. Forest Lake, Minnesota. Lead Volunteer for 3 years. Cauabilities Time and ability to learn the issues affecting the City of Centerville. Master of Science in Technical Communication program maintained 3.95 Grade Point Average. Waste Management Circle of Excellence Honoree 2000. , City Administrator 1880 Main Street Centerville, MN 55038 January 21, 2003 Dear City Administrator, Greetings! My name is Michelle 1$so. My husband and I are fairly new residents of Centerville. We moved into 1850 Houle Circle in late September. Every experience we have had in dealing with thos.e who work at City Hall has been wonderful. I am writing today in regard to the offer for residents to have a chance to serve on a commission. I feel it is a great idea to be involved in the area where I live. The commission I am most interested in is the Economic Development Commission. The foremost reason for why I am interested in serving on this particular committee is to have the chance to be part of the present and future changes in the city of Centerville. I would like to understand more about how the decision-making process works in municipalities. I am very proud to be a citizen of Centerville. I realize that there is a huge potential for growth in this area and I would be happy to have a part in the decisions and goals made for Centerville. Another reason why I would like to become involved in this committee is for my own personal growth and development. I will be starting a Master's degree in public administration this summer with the goal of becoming a city administrator. I would be honored to have the chance to begin my career in the very city in which I live. Although I would prefer to serve on the EDC commission I am also open to the other commissions. I would be happy to have a part in any of the important roles each of these commissions play in our growing city. Thank you for your time in reading this letter. Your consideration is much appreciated and I look forward to hearing from you to speak more about this position. Please feel free to contact me at your convenience. My home phone number (651) 407-1423. Sincerely, ~ ,1'. I! ( , ..',J ii' i.-I /. ' -';,-; ,1 !f' j -::-. vvi fL ti( f 1'( ~~_!I'l;.....) J Michelle Lakso 1850 Houle Circle Centerville, MN 55038 Kim From: Sent: To: Subject: maryjo.helmbrecht@ddc-us.com Wednesday, January 08, 2003 9:39 AM ksykes@centervillemn.com P&Z Hi Kim, I should probably resign from Planning and Zoning. taken on a few projectsl I also have a son graduating this time to give right now. Please let everyone know and good commissioner. Mary Jo Helmbrecht 1 Since the election I have year. I just don't have the luck advertising for a new , CITY OF CENTERVILLE PLANNING AND ZONING COMMISSION JANUARY 7, 2003 Pursuant to due call and notice thereof, the Planning and Zoning Commission held their regularly scheduled meeting on January 7,2003, at 6:30 p.m. PRESENT: Ray DeVine Tom Wilharber Brian Hanson David Kilian ABSENT: Mary Jo Helmbrecht and John McLean COUNCIL: Council Member Broussard Vickers STAFF: Ms. Moore-Sykes I. CALL TO ORDER 1. Roll Call The meeting was called to order at 6:34 p.m. II. APPROVAL OF AGENDA III. A W ARDSIPRESENT ATIONS/APPEARANCES 1. Mr. Richard Carlson (Concept Plans - Hunter's Crossing Phase In Mr. Richard Carlson addressed the Commission and gave an overview of his proposed plan for Hunter's Crossing Phase II indicating it would contain approximately 77 lots and connect to the Pheasant Marsh development. Mr. Carlson indicated he met with the Park and Recreation Committee and the Committee is reviewing the plan for parks and trails. He then indicated that the homes would be similar to the first phase of Hunter's Crossing with prices starting at $400,000. He further explained that he would like to obtain approval from the City to use varied lot widths in order to create the type of development he has proposed that allows for different types of houses. Mr. Carlson indicated part of the property is scheduled to go into MUSA in 2006 and part in 2010 but, if the plans for the development are approved, he intends to request an Page 1 of9 t Planning and Zoning Conunission Meeting Minutes January 7, 2003 amendment to the Comprehensive Plan to allow it. He then indicated that the majority of the homes will be full basement type homes, either two story or rambler. Mr. Carlson estimated that, if approved, he would like to grade the development in 2003, install utilities in early 2004 and begin home sales later in 2004 with approximately six homes sold in 2004 followed by 12 homes in 2005 and the balance of the lots sold in 2006. Chair Hanson asked what the property zoning is. Council Liaison Broussard Vickers indicated it is currently zoned agricultural and indicated the zoning would have to be changed. Chair Hanson asked what zoning the first phase of Hunter's Crossing used. After some disc\lssion it was determined that the fIrst phase of Hunter's Crossing is zoned R-5. Chair Hanson commented that the only way have the varying lot sizes would be to ask for R2-A zoning or a PUD. Mr. Carlson asked if it would be possible to use R2-A with different square footages. Commissioner DeVine explained that with this type of development it would make more sense to use the PUD designation. Council Liaison Broussard Vickers indicated that R2-A would allow for twin homes and she did not think the City would want to do that. After some discussion it was determined that a PUD designation, provided the development met all the criteria, would make the most sense. Chair Hanson commented that Lot 14 did not seem to have much buildable lot if the wetlands stay as is. Mr. Carlson indicated that the drawing provided is very conceptual and was done on a computer. He further indicated that he would need to go back and rework that lot as well as some of the comer lots to make it completely accurate. Commissioner DeVine indicated the concept looked good and said the fIrst development was mce. Commissioner Wilharber asked for an average lot size. Mr. Carlson indicated he did not yet have that information. Commissioner Wilharber asked whether Mr. Carlson would be willing to pay any costs associated with the request to move up the MUSA phasing. Page 2 of9 , Planning and Zoning Commission Meeting Minutes January 7, 2003 Mr. Carlson indicated that he would pay any costs associated with changes to the MUSA plan. Connnissioner Wilharber indicated he has been with the City off and on since 1973 and has seen a lot of developers come and go. He then connnented that the reason he and his family sold the fann to Mr. Carlson is because of the type of developer he is. He also connnented that Mr. Carlson did a very good job with Park View and Hnnter's Crossing and he has nothing but good to say about Mr. Carlson as he provides a quality development. Commissioner Kilian thanked Mr. Carlson for coming in to the City so early in the process to allow enough time to work out any issues. Commissioner Wilharber connnented that when he was mayor he met with Lino Lakes, Anoka Connty, and the St. Paul Water Department and all parties were interested in allowing a trail over the waterline easement as long as it was constructed well enough to allow it to be driven on, if necessary. Conncil Liaison Broussard Vickers indicated that Wayne LeBlanc had indicated at the Park and Recreation Connnittee meeting that he had recently spoken with the Water Department and they still approve of the trail over the waterline easement. Connnissioner DeVine asked how close the development would be to Pheasant Hills Mr. Carlson indicated there would be two 6 acre properties between the development and Pheasant Hills. He further indicated that one of the 6 acre property owners garage is on his property and he is attempting to work that out as well as working out a driveway issue with another property owner. IV. PUBLIC HEARING(S) 1. Mr. Henry Votel- Special Use Permit (Mini-Storage) Chair Hanson opened the public hearing at 7:05 p.m. Mr. Votel addressed the Connnission and provided updated information on the proposed plan indicating that the ponding requirements have changed the building sizes at this time. He also indicated that the building designers have changed the plan to allow wider lanes and combined two of the buildings to allow for covered storage units. Mr. V otel indicated he had met with the fire chief and City Staff concerning the plans. Connnissioner Kilian asked if the Fire Chief saw the plans with the covered buildings and whether he had any issue with it. Mr. Votel indicated the Fire Chief had no issue with the covered buildings. Page 3 of9 ~ Planning and Zoning COnmUssion Meeting Minutes January 7, 2003 Mr. Votel provided information on the proposed exterior of the building indicating it would be decorative block and the profile of the building has been changed so there are no doors facing the front end. The plan also showed the proposed locations of the signs and showed possible color choices of a green roof and white doors. Chair Hanson asked if Mr. Votel had consulted the sign ordinance. Mr. Votel indicated they had reviewed the sign ordinance and are aware of the allowed signage. Conunissioner Wilharber indicated he had recently been in Blaine and saw a similar storage facility and it looked very nice. Mr. Votel indicated that his proposal is very similar to the one in Blaine but his building is proposed to be 10 feet high and the one in Blaine is eight feet high. Conunissioner Wilharber asked who would have to maintain the pond, the property owner or the City. Council Liaison Broussard Vickers indicated that the pond would remain the responsibility of the property owner. Conunissioner Wilharber asked whether the pond takes care of the other area storm water. Mr. Votel indicated that the pond is large enough only for the storm water on his site. Conunissioner Wilharber asked whether the pond was outside of the property lines. Mr. V otel indicated that it was and said he is in the process of obtaining an easement from the other property owner. Mr. Votel indicated he intends to fence the pond to eliminate any attraction hazards the water may cause. Council Liaison Broussard Vickers indicated there is a greenspace requirement for the site. She then indicated that the City needs to act on this request but a permit cannot be issued because the subdivision has not been platted and recorded with the County. Ms. Moore-Sykes indicated that the City would have the ability to extend the 60-day rule by having the applicant sign a waiver. Mr. Votel suggested approving the permit contingent upon platting and recording along with any other conditions. Chair Hanson indicated the City's ordinance requires a minimum of 10% greenspace as well as 3% landscaped with grass or shrubbery and all green areas abutting streets need to be maintained by the property owner. Conunissioner DeVine asked what type of fencing would be used. Mr. Votel indicated he intended to use wrought iron fencing six feet tall. Page 4 of9 . Planning and Zoning Conunission Meeting Minutes January 7, 2003 Commissioner DeVine asked whether there would be an attendant present during business hours. Mr. V otel indicated there would be a 40x20 office with a separate business entrance that would have scheduled daily hours. He further explained that during non-business hours the lights dim and motion sensors, cameras, and multiple beam lasers provide security. He also explained that any motion caught by the motion detectors turns on more lights to illuminate the area. Commissioner DeVine asked what the business hours would be. Mr. Votel indicated he would like to be open from 7:00 a.m. to 7:00 p.m. depending upon where the end of the month falls. He then indicated that a few customers would have 24 hour access via a keypad. Commissioner Wilharber asked if the City had heard from any residents concerning the mini-storage. Ms. Moore-Sykes indicated she had no response to the notice sent out. Chair Hanson commented that the sign would not be screened from the residential area and he is concerned with how bright it will be. Mr. Votel indicated he was not sure but offered to call the sign manufacturer to determine the number of lumens produced. He also explained that it would be his intent to either dim or completely turn off the sign during non-business hours. Commissioner Kilian asked how far back the sign would be from 20th Avenue. Mr. V otel estimated it would be approximately 600 feet. After some discussion it was determined that the sign would be located a good distance from the residential area and should not pose a problem. Commissioner DeVine asked for an estimate of the taxable market value of the building. Mr. Votel indicated the taxable market value is estimated to be between $1.5 and $2 million. He then indicated that the phasing of the project changed a little and the two perimeter buildings will be constructed and the two in the rear and the other area will be mainlained as lawn until It IS bUIlt out. Motion bv Commissioner Wilharber. seconded bv Commissioner DeVine to close the public hearine:. All in favor. Motion carried unanimouslv. Chair Hanson closed the public hearing at 7:35 p.m. Commissioner Wilharber indicated his calculations put the sign at 610 feet off oJ 20th A venue and noted the building inspector would ensure the sign meets the sign ordinance. Page 5 of9 Planning and Zoning Conunission Meeting Minutes January 7,2003 Commissioner Wilharber indicated he had stopped and looked at the one in Blaine and it is a very nice looking facility. He then said that he has always maintained that the industrial park should employ more people but the valuation of this building will help the City with taxes so the only issue is the piece ofland that belongs to the Carpenter family. Ms. Moore-Sykes indicated that a recommendation of approval would be contingent upon the completion of the subdivision plan, platting, and recording. Motion bv Commissioner DeVine. seconded bv Commissioner Wilharber to recommend approval of the special use permit subject to the subdivision. plattinl!. and recordinl! with the County of proposed Parcel C. All in favor. Motion carried unanimously. Mr. V otel thanked the Commission for the assistance. V. COMMISSION BUSINESS I. Appointment of Chairperson Motion bv Commissioner Wilharber. seconded bv Commissioner Kilian to appoint Brian Hanson as Chairoerson. All in favor. Motion carried unanimouslv. 2. Ordinance #1 Ms. Moore-Sykes indicated Staff had found two instances where the fees should be removed from the Ordinance and added to the fee schedule so that the Ordinance does not need to be updated each time there is a change in fees. Chair Hanson asked whether the performance bond amount was still $1,000. Ms. Moore- Sykes indicated that it is. Commissioner Kilian asked whether mlllimum and maximum container sizes were necessary. Council Liaison Broussard Vickers suggested removing the sizes and having that governed by the contract. Chair Hanson asked if the dollar amounts for the insurance were right. Council Liaison Broussard Vickers indicated she felt the insurance amounts should be higher. Ms. Moore-Sykes indicated she would check with the League of Minnesota Cities to determine what the insurance requirements should be. Commissioner Williarber suggested reviewing what other cities do before finalizing an update to the Ordinance. Council Liaison Broussard Vickers indicated she would like the City to look into whether it is really in the best interest of the City to be assessing properties for not paying for Page 6 of9 Planning and Zoning Commission Meeting Minutes January 7, 2003 garbage service. She further commented that she would like to look at the pros and cons and make a determination of whether it is cost effective to do so. After some discussion Council Liaison Broussard Vickers asked Staff whether it would be possible to determine how much the City pays out versus how much has been collected for garbage delinquencies. Motion by Commissioner Wilharber. seconded by Commissioner Kilian to direct Staff to obtain the Ordinances from other cities for review. All in favor. Motion carried unanimously. 3. Slaughter House/Butcher Shop - Mr. Noo Yang Ms. Moore-Sykes reviewed her Staff report with the Commission explaining that she had toured slaughter houses in St. Paul and had observed live animals being housed on site. She further commented that she and Mr. Palzer had met with Mr. Vang and explained that the metal structure he intends to use for this facility would need a vast amount of upgrades and improvements to meet FDA requirements. And, finally, she has serious concerns as the building abuts residential property. Ms. Moore-Sykes indicated the City of South St. Paul is in the process of trying to buy the current properties to redevelop that area further increasing her concern for the traffic and keeping of animals at this facility, should it be approved. Ms. Moore-Sykes further commented that she had been told by Mr. Vang that this is a $2 million per year business. Ms. Moore-Sykes indicated the moratorium would give the City 12 to 18 months to research the matter. Chair Hanson indicated he had concerns personally because his home is located within 1/lOth of mile of the proposed site. He then said that there are five or six homes closer than his would be. He further commented that he does not feel the site is appropriate for the proposed use. He also indicated he has discussed the matter with residents who are concerned with all the byproducts of housing and slaughtering animals and the potential impact to the neighborhood from noise, smells, etc. Ms. Moore-Sykes indicated the facility would have to meet FDA standards but she is not sure the City could enforce cleaning. Commissioner Kilian indicated that most animals are hauled and unloaded at night rather than during the day and that would be very disruptive to the neighborhood. Ms. Moore-Sykes indicated the operations in South St. Paul begin at 5:00 a.m. with the majority of business conducted on Friday, Saturday, and Sunday. Commissioner Wilharber asked what kinds oflive animals were seen on site. Page 7 of9 Planning and Zoning Commission Meeting Minutes January 7,2003 Ms. Moore-Sykes indicated she saw yearling cattle being housed on site. She then indicated that this was a driving tour of the facility and they had not gotten out of the car but it appeared to be neatly kept. Chair Hanson suggested the City really look into what happened in Hugo as well as what is going on in South St. Paul. Ms. Moore-Sykes indicated the City of South St. Paul is attempting to purchase the properties for redevelopment and she did not see residential close to those businesses. Ms. Moore-Sykes indicated the situation in Hugo was a private property owner had a 20 acre parcel and operated a facility whereby they would do slaughtering for their own needs and for close fiiends and family. The property was sold and the new owner expanded the business and it created a large controversy. Commissioner Wilharber commented that there would be a lot of upgrades needed to comply with FDA regulations. Ms. Moore-Sykes indicated it is not a good site and the building is non-conforming. Motion bv Commissioner Wilharber. seconded bv Chair Hanson to recommend Council approve an 18 month moratorium for further research. All in favor. Motion carried unanimouslv. VI. CONSIDERATION OF MINUTES I. December 3. 2002 Planning and Zoning Meeting Minutes Ms. Moore-Sykes requested a change: Add square foot after 15,000 on the first page. Motion bv Commissioner Wilharber. seconded bv Commissioner DeVine to approve the December 3. 2002 Meetine: Minutes as amended. All in favor. Motion carried unanimouslv. VII. UPDATES Commissioner Wilharber questioned whether the Commission needed to appoint a Vice Chair as listed in Ordinance 72. He then asked whether Commissioner Helmbrecht had contacted the City concerning her interest in continuing to sit on the Planning Commission. Ms. Moore-Sykes indicated she did not hear back from Commissioner Helmbrecht. Commissioner Kilian indicated there IS no age requirement in the Ordinance and questioned whether there should be. Page 8 of9 Planning and Zoning Commission Meeting Minutes January 7, 2003 Council Liaison Broussard Vickers indicated the person would need to be appointed. She further commented that this Ordinance was recently approved and published so probably would not be changed again right away. Commissioner Wilharber suggested that the other Committees review the Ordinance and provide input because there are some things that need clarification. He then indicated that the Ordinance requires a letter of interest by November 1,2002 to continue serving. Council Liaison Broussard Vickers indicated that the letter of interest would apply to next year as the Ordinance was not in effect this past November. Council Liaison Broussard Vickers indicated this Ordinance was important to some Council people for uniformity. She then said she was concerned with addressing the attendance problems and the Ordinance does that. Commissioner Kilian noted the Ordinance had a sentence indicating the Ordinance could be changed by the City without the need for a public hearing. He then asked if that could be added to other Ordinances to eliminate public hearings. Council Liaison Broussard Vickers indicated that the sentence works for this Ordinance but not for any Ordinances that affect the general population of the City. Commissioner Wilharber asked whether the committee makes a recommendation to Council when someone has missed several meetings or how that is handled. Council Liaison Broussard Vickers indicated that either Staff or the committee would need to notify Council. Commissioner DeVine indicated the Ordinance should be worded that way to avoid issues with Council removing someone they might not like without recommendation from the committee. Commissioner Wilharber commented that this Commission has been short one member for a while and with one other one not here for three meetings and that would have been four had the Commission met in October it is a real issue. VIII. ADJOURNMENT Motion bv Commissioner Kilian, seconded bv Commissioner DeVine to adiourn the December 3, 2002 Plannin!! and Zonin!! Commission Meetin!! at 8:15 D.m. All in favor. Motion carried unanimously. Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial, Inc Page 9 of9 ~ "1 , . r , :~ . ~~ ~ ~ ,,~~ ~- ,"::,J "IJ' -f ','" ';' ~" A ---- ,. ~",'.'_L~'~':.'c .'-~ ;,', ,'::' ~, ',"" *************** *' Till 2ND ANNUAl *' * 'NO II~ * *' February 7& 8,2003 *' *' TIll aMUft', Mon IlIAIITWAIIMDIC *' DlNYIIlf f....,.m.ll *' (IYIIm All DlPlIaIn'. WlATIIIR' *' *************** \ ~~,. *-' . '!If ~,+~.. ,~ .,,,..>If Fridav. Februarv 7. 2003 -7:00 D.m. Activities held at Laurie LaMotte Park Sponsored by the Parks and Recreation Committee . Skate Night (Children and Adults) · Bonfire, Hot Cocoa & Popcorn . Horse Drawn Hay Ride · Stargazing Lessons for the Family .... - Saturday. F~bruarv 8. 2003 - 9:00 a.m. - 4:00 D.m. Near Waterworks and Anoka County Regional Park Beach · Frozen 5k Run / Walk - Coordinated by Vacation Sports (WBL) 9:00 a.m. at Laurie LaMotte Park I Register at Race · Ice Fishing Contest - Spousored by the Centerville Lions 11:00 a.m. to 2:00 p.m. · Golf on Ice for the Entire Family - 12:00 - 4:00 p.m. Sponsored by the Quad Area Chamber of Commerce · Snowshoe Demonstrations, Races and More!! · Bonfire, Scavenger Hunt & Snow Sculpture . Coloring Contest - Mainstreet Bank . Softball on Ice Tournament Call Bill at Kelly's Komer for info 653-7791 . Pig Roast · Volleyball Tournament - 12:00 p.m. · Live Music at Kelly's Komer - 9:00 p.m. Featuring: "The Late Arrivals" Reunion Tour DON'1' II lOT our II' TIll tolDI tOR... RORllATIM OlUIRII.Ill651-at-1m Events sponsored in part by Centerville's Economic Development Committee. AU events are free, donations will be accepted. Snow Biz 00 CFOr A9~6 and 7-10 3-6 YEAR OLOS - Stop in and pick up the "Bank in your neighborhood" picture. Color the picture and drop if off at the Bank. 1 st Prize.....$25.00 Savings Bond & Coloring Set 2nd Prize.....Oairy Queen Coupons ($10.00 value) 7 -10 YEAR OLOS - Create your own picture using a Bank Theme, color it and drop it off the the Bank. 1st Prize.....$25.00 Savings Bond & an Artist Set 2nd Prize.....Dairy Queen Coupons ($10.00 value) Judging will be done on February 8th and Prizewinners will be announced at Snow Biz, on Centerville Beach at noon 7111 21 st AVE. N. and also will be notified at horny ___ Deadline: Mon. Februarv..l You can use: *Crayons *Colored Pens *Markers *Gel Pens :'..:\ f ' Mainstreet Bank .. CEf\7ERVILLE 651-762-9440 . ., " 1\ lie' Iv,.1 c,l,l1\o.. . 'c.~..~ /..' TO: Honorable Chair and Commission Members FROM: Teresa Bender, City Clerk SUBJECT: Snowmobile Ordinance (Ordinance #17-A) DATE: February 3, 2003 You mayor may not be aware that the City has several ordinances available on its web site. The address is www.centerville.govoffice.com. Please obtain a copy of Ordinance #17 -A there for your review or one is attached for your convenience. City Staff would like to make this ordinance more user-friendly and understandable. Staffwill place this ordinance on the March agenda for discussion. r .. City of Centervi{{e 1694 Sore{ Street, Centervi!fe, '.Mj{55038 (612) 429-3232 CITY OF CENTERVILLE ORDINANCE NO. 17-A AN ORDINANCE REGULATING THE THE CITY OF CENTERVILLE, AND TO THE SAME SUBJECT. USE AND OPERATION OF SNOWMOBILES IN REPEALING ORDINANCE NO. 17 RELATING The City Council of the City of Centerville ordains: Section 1. Int.cmt: It is the intent of this ordinance to supplement Minnesota Statues, Sections 84.81 through 84.88, as amended, and Minnesota Statues Chapter 169, with respect to the operation of snowmobiles. Such statues are incorporated herein by reference. This section is not intended to allow what the state statues prohibit, nor to prohibit what the state statues allow. Section 2. Defjnitions: a. For purposes of this Ordinance, terms defined herein shall have the meaning ascribed to them. b. "Person" includes an individual, partnet'ship, corporation, the state and its agencies and subdivision, and any body of persons, whether incorporated or not. c. "Snowmobile" means a self propelled vehicle designed for travel on snow or ice, steered by skis or runners. d. "Owner" means a person, haVing the property in or title to a the use or possession thereof. other than snowmobile, or a lien holder entitled to e. "Operate" means to ride in or on) and cont.rol the operation of a snowmobile. f. "Operator" means every person who operates) or iB in actual physical control of a snowmobile. g. improved) "Roadway" means that. portion designed or ordinarily used fOr OI ~ highway or street vehicular travel. h. 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Within two hundred (200) feet of church property during the hours of church services, and during the hours of other church functions. This provision in not intended to prohibit snowmobiles from operating on City street adjacent to church property during the hours specified herein. Sectjon 4. City traffic ordinances shall apply to the operation of snowmobiles upon streets and highways, except for those relating to required equipment, and except those which by their nature have no application. Sectjon 5. No snowmobile shall enter any uncontrolled intersection without making a complete stop. The operator shall then yield the right-of-way to any vehicles or pedestrians at the intersection, or so close to the intersection as to constitute an immediate hazard. Section 6. Per,wn under 18. a. No person under 14 years of age shall operate on streets or make a direct crossing of a City street as the operator of a snowmobile. A person 14 years of age or older, but less than 18 years of age, may operate a snowmobile on streets as permitted under this Ordinance, and make a direct crossing of such streets only if he has in his immediate possession a valid snowmobile safety certificate issued by the Commissioner of Natural Resources as provided by M.S. 84.86., or a valid motor vehicle operators license. issued by the Commissioner of Public Safety or the drivers license authority of another state. b. It is the snowmobile section. unlawful for the owner of a snowmobile to permit to be operated contrary to the provision of this Section 7. It is unlawful for any person to operate a snowmobile within the limits of the City of Centerville: a. So as to tow any person on a public street or highway except through use of a rigid tow bar attached to the rear of the snowmobile. 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'PTot{ pue do::;.s 0::;' pue 'JO ::;.ueweAom eLl::;' TO.r::;.uoo 0+ e::;.enoepe se~e.rg 'e :3UTMOTIOJ et{+ t{::;.TM peddTnoe sT ::;.T sseTun eTTTA.re::;.ueo JO A::;.TO eLl+ JO s::;'TUlTT eLl::;' uTLl::;'TM eoeTd Aue eTTqoWMQUS e e::;.e.redo 0+ uQs.red Aue .roJ lTIJMeTuTI s1 ::;'1 . 8 uonoes '+uepn.rd pue etqeuosee.r ueLl::;. .re::;.ee.ra peeds e ::;.e see.re esoLl::;' uT 'uoT.j.e.redo .IO suos.red .req::;.o .re3uepu~.Io esn q::;.,M ~~TTJuOO PlnoM uo,::;.~~edo et{~ e.Iet{M ~e~e 3uTPTTs ~o ~u,.r 3uT::;.e~s 'u~T.r::;.seped 'u?m~e~sT+ AU? ;0 ~ee+ (001) pe.rpunq euo u,l{.j.,M 'q 1_ jurisdiction, such dec~s~on shall not affect the validity of the Ordinance as a whole, or of any part thereof, other than the part held to be invalid. J. Adopted by Athe. City Council I..fI-h day of On I l~d" /Lc=~~ C/ ayorc7 of the City of Centerville this 1991. ATT 8T: y cQAvUMy/ Clerk/Adminis -8- , Minnesota Statutes 2002,84.81 Page 1 of2 Minnesota Statutes 2002. Table of Chapters Table of contents for Chapter 84 84.81 De~~n~tions. Subdivision 1. Appl~cabi1ity. For the purposes of Laws 1967, chapter 876, the terms defined herein shall have the meaning ascribed to them. subd. 2. partnership, subdivisions, not. Person. "Person" includes an individual, corporation, the state and its agencies and and any body of persons, whether incorporated or Subd. 3. Snowmobi~.. "Snowmobileu means a self-propelled vehicle designed for travel on snow or ice steered by skis or runners. Subd. 4. owner. "Owner" means a person, other than a lien holder, having the property in or title to a snowmobile entitled to the use or possession thereof. sOOd. 5. Operate. "Operate" means to ride in or on and control the operation of a snowmobile. Subd. 6. Operator. "Operator" means every person who operates or is in actual physical control of a snowmobile. subd. 7. Reqister. "Register" means the act of assigning a registration number to a snowmobile. Subd. 8. CODIIPissioner. IICommissionerll means the commdssioner of natural resources acting directly or through the commdssioner's authorized agent. Subd. 9. Roadway. "Roadway" means that portion of a highway improved, designed, or ordinarily used for vehicular travel. Subd. 10. Dealer. "Dealer" means a person, partnership, or corporation engaged in the business of selling snowmobiles at wholesale or retail. subd. 11. Manufacturer. IIManufacturer" means a person, partnership, or corporation engaged in the business of manufacturing snowmobiles. Subd. 12. CoU.ector sno1llllObile. "Collector snowmobile" means a snowmobile that is 25 years old or older, was originally produced as a separate identifiable make by a manufacturer, and is owned and operated solely as a collector's item. Subd. 13. device" means attached to a Metal traction device. "Metal traction any metal device or array of metal devices snowmobile track to enhance traction that is: http://www.revisorJeg.state.mn.us/stats/84/81.html 2/3/2003 Minnesota Statutes 2002,84.81 Page 2 of2 (1) made of metal, except that metal cleats affixed perpendicular to the direction of travel of a snowmobile track which was manufactured in 1981 or earlier shall not be considered a metal traction device; or (2) affixed to a snowmobile track with metal components that extend more than one-fourth inch from the bottom of the track. HIST: 1967 c 876 s 3; 1969 c 695 s 1,2; 1969 c 1129 art 10 s 2; 1971 c 577 s 1; 1986 c 444; lSp1995 cIs 5; 1999 c 231 s 86 Copyright 2002 by the Office of Revisor of Statutes, state of Minnesota. http://www.revisor.leg.state.mn.us/stats/84/81.html 2/3/2003 . l\finnesota Statutes 2002, 84.88 l\finnesota Statutes 2002. Table of Chapters Table of contents for Chapter 84 84 . 88 Penal. ties. Subdivision 1. Penalty. Any person who shall violate any provision of sections 84.81 to 84.89 or any rule of the commassioner of natural resources or of the commassioner of public safety promulgated pursuant to law shall be guilty of a misdemeanor. Subd. 2. owner's pena1ty. A person registered as owner of a snowmobile may be fined not to exceed $300 if a snowmobile bearing the person1s registration number is operated contrary to the provisions of sections 84.61 to 84.88, or 97B.091. The registered owner may not be so fined if la) the snowmobile was reported as stolen to the commissioner or a law enforcement agency at the time of the alleged unlawful act, or if (b) the registered owner demonstrates that the snowmobile either was stolen or was not in use at the time of the alleged unlawful act, or if (e) the registered owner furnishes to law enforcement officers upon request the identity of the person in actual physical control of the snowmobile at the time of such violation. The provisions of this subdivision do not apply to any person who rents or leases a snowmobile if such person keeps a record of the name and address of the person or persons renting or leasing such snowmobile, the registration number thereof, the departure date and time, and expected time of return thereof. Such record shall be preserved for at least six months and shall be prima facie evidence that the person named therein was the operator thereof at the time it was operated contrary to sections 84.81 to 84.88, or 97B.091. The provisions of this subdivision do not prohibit or limit the prosecution of a snowmobile operator for violating any of the sections referred to in this subdivision. RIST: 1967 c 876 s 10; 1969 c 1129 art 10 s 2; 1971 c 23 s 10; 1971 c 491 s 3; 1971 c 577 s 10; 1973 c 701 s 2; 1985 c 248 s 70; 1986 c 386 art 4 s 14; 1986 c 444 Copyright 2002 by the Office of Revisor of Statutes, State of Minnesota. http://www.revisor.leg.state.mn.us/stats/84/88.html Page 1 of! 2/3/2003 lVfinnesota Statutes 2001, 84.90 Page 1 01'2 l\A1mrescta Statutes 200L Table of Chanters Table of ccntents fbr Chapter 84 84.90 Limitations on the operation of recreational motor vehicles. Subdivision 1. Definitions. For the purposes of this section the following terms have the meanings given them: (a) "Recreational motor vehicle" means any self-propelled vehicle and any vehicle propelled or drawn by a self-propelled vehicle used for recreational purposes, including but not limited to snowmobile, trail bike or other all-terrain vehicle, hovercraft, or motor vehicle licensed for highway operation which is being used for off-road recreational purposes. (b) nSnowmobile" has the same meaning given by section Q4.81, subdivision 3. Subd. 2. Within metropolitan area. Within the seven county metropolitan area, no person shall enter and operate a recreational motor vehicle on lands not owned by the person, except where otherwise allowed by law, without the written or oral permission of the owner, occupant, or lessee of such lands. Written permission may be given by a posted notice of any kind or description that the owner, occupant, or lessee prefers, so long as it specifies the kind of vehicles allowed, such as by saying "Recreational Vehicles Allowed," "Snowmobiles Allowed, II liTrail Bikes Allowed," "All-Terrain Vehicles Allowed, 11 or words substantially similar. Subd. 3. Outside metropolitan area. Outside the seven county metropolitan area, no person shall enter on any land not owned by the person for the purpose of operating a recreational motor vehicle after being notified, either orally" or by written or posted notice, by the owner, occupant, or lessee not "to do so. Where posted notice 'is used, signs shall bear letters not less than two inches high and shall state onE: of the follov'ling: "Recreational Vehicles Prohibited," "Snowmobiles Prohibited," "Trail Bikes Prohibited," "All-Terrain Vehicles Prohibited," or words substantially similar. In lieu of the above notice an owner, occupant or lessee may post any sign prohibiting recreational motor vehicles which has been adopted by rule of the commissioner of natural resources. The notice or sign shall be posted at corners and ordinary ingress and egress to the property and when so posted shall serve so as to raise a conclusive presrnnption that a person operating a recreational motor vehicle thereon had knowledge of entering upon such posted lands. Failure to post notice as provided in this subdivision shall not deprive a person of the right to bring a civil action for damage to one's person or property as otherwise provided by law. Subd. 4. Posting; trai.1 faci.l.ities~ It is unlawful for a person to post, mutilate, or remove any notice or sign provided in this section upon any lands or waters over which the person has no right, title/interest, or license. It is unlawful for a person other than a duly constituted legal authority to so post any public lands, including but not limited to tax-forfeited lands. as above described. It is unlawful for a person to mutilate, destroy, damage, or remove any shelter, hap ://www.revisor.leg.state.ron.lls/stats/84/90.fitm! 1/3/02 .' Minnesota Statutes 2001,84.90 comfort station or other trail facility on any trail established on state-owned land or on any recreational trail which is funded in whole or in part by state grant-in-aid funds. Subd. 5. Gates; fencing. No person shall enter or leave the lands of another with a recreational motor vehicle I or pass from one portion of $uch lands to another portion, through a closed gate, without returning the gate to its original position. No person shall enter or leave the lands of another with a recreational motor vehicle by cutting any wire or tearing down or destroying any fence. Subd. 6. Additional prohibitions. Nothing in this section shall limit or otherwise qualify the power of municipalities! counties, school districts, or other political subdivisions or the state or any agency of the state to impose additional restrictions or prohibitions on the operation of recreational motor vehicles on property not owned by the operator in accordance with law. Subd. 7. Penalty. A person violating the provisions of this section is guilty of a misdemeanor. HIST: 1974 c 468 s 1; 1981 c 215 s 1; 1985 c 248 s 70; 1986 c 444 Copyright 2001 by the Office of Revisor of Statutes, State of Minnesota. http://wNw.revisor.leg.state.nm.us/stats/84/90.mrnl L__ Page 2 of2 i/3/02 J\Ifinnesota Statutes 2001, 84.872 Page 1 of2 IvIinnescta Statutes 200 L Table of Chapters Table of contents tor Chapter 84 84.872 Youthful snowmobile opezator,"; prchiJ::>i ticns. Subdivision 1. Restriotions on operation. (a) Notwithstanding anything in section 84.87 to the contrary, no person under 14 years of age shall make a direct crossing of a trunk, county state-aid, or county highway as the operator of a snowmobile, or operate a snowmobile upon a street or highway within a municipality. A person 14 years of age or older, but less than 18 years of age, may make a direct crossing of a trunk, county state-aid, or county highway only if the person has in immediate possession: (1) a valid snowmobile safety certificate issued by the commissioner; (2) a driver's license that has ~ valid snowmobile qualification indicator issued under section 171.07, subdivision 12; or (3) an identification card that has a valid snowmobile qualification indicator issued under section 171.07, subdivision 12. (b) Notwithstanding section 84.862, no person under the age of 14 years shall operate a snowmobile on any public land, public easements, or water or grant-in-aid trail unless accompanied by one of the following listed p€rsons on the same or an accompanying snowmObile, or on a device towed by the same or an accompanying snowmobile: the person's parent, legal guardian, or other person 18 years of age or older designated by the parent or guardian. However, a person 12 years of age or older but under the age of 14 years may operate a snowmobile on public lands, public easements, and waters or a grant-in-aid trail if the person has in immediate possession a valid snowmobile "safety certificate issued by the corrunissioner or an identification card with a valid snot'V'illobile qualification indicator issued under section 171.07, subdivision 12. Subd. la. Helmet required. (a) No person under the age of 18 shall operate or ride a snowmobile in this state without wearing protective headgear that complies with standards established by the commissioner of public safety. {b} The previsions of this subdivision shall not apply to persons during their participation in a parade that has been granted a permit or other official authorization by a local unit of goverD~ent or to a person operating a snowmobile on land that is owned by the person or the person's parents; grandparents, siblings, uncles, or aunts. Subcl. 20 C'~m$rl$ dutia3. It is unlawful for any person who is the owner or in lawful control of a snowwobile to permit "the snowmobile to be operated con'trary to the provisions of this section. hitp://wvvw.revisor.leg.state.illil.us/sratsl84/tl72.html 113/02 lVIinnesota Statutes 2001,84.872 Subd. 3. Reporting convictions; suspensions. When the judge of a juvenile court! or any of its duly authorized agents, shall determine that any person, while less than 18 years of agel has violated the provisions of sections 84.81 to 84,88, or any other state or local law or ordinance regulating the operation of snowmobiles, the judge, or duly authorized agent, shall immediately report this determination to the commissioner and may recommend the suspension of the person's snow~obile safety certificate. The commissioner is hereby authorized to suspend the certificate[ without a hearing. HIST: 1969 c 695 s 10; 1971 c 577 s 9; 1986 c 444; 1987 c 89 s 1; 1993 c 184 s 2; 1994 c 623 art 1 s 9; 1994 c 632 art 2 s 20; 1997 c 226 s 9; 1999 c 231 s 95; 2001 c 185 s 12 Copyright 2001 by the Office of Revisor of Statutes, State of Minnesota. http://www.revisor.leg.state.mn.us/stats/84!872 .hun! Page 2 of2 1/3/02 Minnesota Statutes 2001, 84.91 Page 1 of2 IVllnnesota Stat~tes 200 L Table or Chapters T;.lble of contents for ChaDter 34 84.91 Operation of snowmobiles and all-terrain vehicles by persons under the influence of aJ.cohol or controlled substances. Subdivision 1. Acts prohibited. (a) No owner or other person having charge or control of any snowmobile or all-terrain vehicle shall authorize or permit any individual the person knows or has reason to believe is under the influence of alcohol or a controlled substance or other substance to operate the snowmobile or all-terrain vehicle anywhere in this state or cn the ice of any boundary water of this state. (b) No owner or other person having charge or control of any snol~obile or all-terrain vehicle shall knowingly authorize or permit any person, who by reason of any physical or mental disability is incapable of operating the yehicle, to operate the snowmobile or all-terrain vehicle anywhere in this state or on the ice of any boundary water of .this state. (c) A person who operates or is in physical control of a snowmobile or all-terrain vehicle anywhere in this state or on the ice of any boundary water of this state is subject to chapter l69A. In addition to the applicable sanctions under chapter 169A, a person who is convicted of violating section 169A.20 or an ordinance in conformity with it while operating a snowmobile or all-terrain vehicle, or who refuses to comply with a lawful request to submit to testing under sections 169A.50 to 169A.53 or an ordinance in conformity with it, shall be prohibited from operating the snowmobile or all-terrain vehicle for a period of one year~ The commissioner shall notify the person of the time period during which the person is prohibited from operating a snowmobile or all-terrain vehicle. (d) Administrative and judicial review of the operating privileges prohibition is governed by section 97B.066; subdivisions 7 to 9, if the person does not have a prior impaired driving conviction or prior license revocation, as defined in section 169.A.., 03. Otherwise, administrative and judicial review of the prohibition is governed by section 169]l.. 53. (e) The court shall promptly forward to the cO:rrlJ.llissioner and the department of public safety copies of all convictions and criminal and civil sanctions imposed under this section and chapter 169 relating to snowmobiles and all-terrain vehicles. (f) A person who violates paragraph (a) or (b), or an ordinance in conformity with either of them, is guilty of a misdemeanor. A person who operates a snowmobile or all-terrain vehicle during the time period the person is prohibited from operating a vehicle under paragraph (c) is guilty of a misdemeanor. Subd, 2. Repealedr lSp1997 c 2 s 69 hUp:! ;'iV'NW .revisor Jeg.state.mn. US! stats!84!91.html 1!3!02 Minnesota Statutes 2001, 84.91 Subd. 3. Repealed, lSp1997 c 2 s 69 Subd. 4. Repealed, lSp1997 c 2 s 69 Subd. 5. Repealed, lSp1997 c 2 s 69 Subd. Sa. Repealed, lSp1997 c 2 s 69 Subd. 6. Repealed, ISp1997 c 2 s 69 Subd. 7. Repealed, lSp1997 c 2 s 69 Subd. 8. Repealed, ISp1997 c 2 s 69 RIST: 1987 c 368 s 3; 1990 c 391 art 8 s 12; 1992 c 570 art 2 s 1; 1994 c 615 s 1,2; 1995 c 230 s 3; lSp1997 c 2 s 2; 1999 c 231 s 96; 2000 c 478 art 2 s 7; 2000 c 495 s 4 CopYTight 2001 by the Office of Revisor of Statutes, State of Minnesota. http://v.riv'w.revisor.leg. sUite.mn. us! stats!84!91.h:tml Page 2 of2 1/3/02 lVlinnesota Statutes 200 1, 84.923 lVfinnesota StattJtes 2001~ Table of Chanters Table of contents for Chapter 84 84.923 Requirements of makers of all-terrain vehicles. Subdivision 1. Identification number. All vehicles made after January 1, 1985, and sold in the state, must have manufacturer's permanent identification number stamped in letters and numbers on the vehicle in the form and at a location prescribed by the commissioner. Subd. 2. Registration number. All vehicles made after January 1, 1985, and sold in the state, must be designed and made to provide an area to affix the registration number. This area shall be at a location and of dimensions prescribed by the commissioner~ HIST: 1984 c 647 s 3 Copyright 2001 by the Office of Revisor of Statutes, State of Minnesota. http://www.revisor.leg.state.rrm.us/stats/84/923.htm! Page 1 ofl 1/3/02 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE ORDINANCE #75 AN INTERIM ORDINANCE ADOPTING A MORATORIUM ON SLAUGHTERHOUSEIBUTCHER SHOP OPERATlON(S) IN ANY ZONING DISTRICT WITHIN THE CITY OF CENTERVILLE The City Council of the City ofCenterville ordains as follows: \ DEFINITIONS ,'( For the purpose of this Ordinance the terms defined in this Section have the meanings \ t .~. given them. y.{i'\ "" ) \ \ ",'" \~ "Butcher" a person who kills, dresses or cuts and packages meat for the purpose of sale. 'v I)..,>}/ JI 1d- ,~, ..~,-. 14' "Butcher/Slaughter House" a place/facility where animals are butchered/slaughtered for food. "Meat Processing" the act of cutting, packaging and displaying of any animal or carcass of tnimal(S). "Official Controls" means ordinance and regulations which control the physical development of the City, including air space and subsurface areas necessary for mined underground space development pursuant to Minnesota Statute 469.135 to 469.141, or any detail thereof and implement the general objectives of the Comprehensive Plan. Official controls include ordinances establishing zoning, subdivision controls, site plan regulations, sanitary codes, building codes and official maps. "Slaughter" the killing of animals for food. PURPOSE It is the purpose of this interim ordinance to place temporary restncl10ns on all SlaughterhouselButcher Shop Operation(s) within the City ofCenterville. BACKGROUND There is concern that the current Ordinance #4 provisions exclude such permitted usage within any Zoning District in the City of Centerville. The City Council has initiated the study of possible provisions that need to be contained in Ordinance #4 if such an operation was to take place within the City. The City is in the process of reviewing studies and information from additional communities and upon completion of this review, will make the necessary revisions to Ordinance #4 for such operation and location of the same if deemed appropriate by Council. AUTHORITY Pursuant to Minnesota Statutes, Section 462.365, Subd. 4, The City is authorized to establish Interim Ordinances to regulate, restrict or prohibit any use or development in all or part of the City while the City or its planning consultant is conducting studies, or has authorized a study to be conducted or has scheduled a hearing to consider adoption or amendment of the comprehensive plan or official zoning controls. The City declares that this Interim Ordinance is established pursuant to the aforementioned statute. PROHIBITION Pursuant to the authority of Minnesota Statutes, 462.355, Subd 4; there is hereby established a moratorium on slaughterhouse/butcher shop operation(s) within in any zoning district in the City of Centerville. During the effective period of this Interim Ordinance, applications for amendments to Ordinance #4 or Special Use Permits for the above-mentioned use shall not be accepted, considered or approved by the City. This Interim Ordinance prohibits the further consideration and approval of any amendment or Special Use Permit request for the above-mentioned use. MISDEMEANOR Any person, persons, firm or corporation violating any provisions of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished pursuant to Minnesota Statute 609.02, Subd. 3, or as subsequently amended, plus costs of prosecution. ENFORCEMENT In the evenl of a violation of this Interim Ordinance, the City may institute appropriate actions or proceedings, including requesting injunctive relief to prevent, restrain, correct or abate such violations. SEPARABILITY Every section, provision or part of this Interim Ordinance is declared separable from every section, provision or part of this Interim Ordinance is adjudged to be invalid by a court of competent jurisdiction, such judgment shall not invalidate any other section, provision or part of this Interim Ordinance. DURATION This Interim Ordinance shall take effect upon its adoption by the City Council and shall remain in effect until the date of the adoption by the City Council of the amendments to official controls contemplated hereunder or twelve (12) months, which ever occurs first. l~__ City Council may extend this twelve (12) month period for such additional periods as deems appropriate, not exceeding a total additional period of eighteen (18) months. Passed by the City Council of the City of Centerville this _ day of ,2003. Attest: City Clerk Mayor Published in the Quad Community Press on 2003 .,; + ~ Minnesota Pollution ~ Control Agency ~ - - - - - 520 Lafayette Road, Saint Paul, Minnesota 55155-4194 A Guide to Noise Control in Minnesota Acoustical Properties, Measurement, Analysis, Regulation Noise Program Coordinator: Brian J. Timerson e-mail: brian.timerson@pca.state.mn.us phone (651) 296-7898 FAX (651) 297-8701 revised 3/99 L______ __. ;; TABLE OF CONTENTS INTRODUCTION 3 Wave Motion 3 Decihel Levels of Common Noise Sources 5 USING DECIBELS 6 Distance Attenuation Estimations 6 Addition and Subtraction of Decihel Levels 7 Background Noise Correction 8 HUMAN PERCEPTION OF SOUND 9 Perceived Change in Decibel Levels 9 Weighting Networks 9 MEASUREMENT PROCEDURES 11 Errors Caused by Reflecting Ohjects 11 NTP-l Measurement Procedures 12 NTP-2 Test Procedure 13 RULES OF THUMB 17 REGULA TORY AGENCIES 18 NOISE RULES AND STATUTES 19 Minnesota Noise Pollution Control Rules 19 Minnesota Motor Vehicle Noise Limits 26 Minnesota Motorboat Noise Limits 29 Minnesota Snowmobile Noise Limits 30 2 t. Introduction Noise is a pollutant. While its physical and emotional effects are difficult to defme quantitatively, the noise level itself can be measured. Sound. An alteration of pressure that propagates through an elastic medium such as air which produces an auditory sensation. Noise. Any undesired sound. Wave Motion Sound travels in a wave motion through the air to our ears. An effective tool to demonstrate wave motion is a weight hanging from a spring. Picture the following diagram as a single weight and spring combination varying as time progresses along the horizontal axis. Periodic Motion - Weight on a Spring + / Spring o i 5 P I a c e m e n t . Period . Figure 1.1 In Figure 1.1, the first position of the weight on the spring is at rest with no forces exerted upon the system. If the weight is raised above its point of rest and the progression of the weight moving down and up again is observed over a period of time, a sinusoidal wave form is I I I I L_________ 3 .k produced. This example demonstrates the relationship between a linear motion, the weight bouncing on the spring, and its corresponding wave fonn. The Amplitude of the moving weight is denoted as A on the diagram and corresponds with the maximum displacement of the weight from its "at rest" position, or the peak of the wave fonn in the positive or negative direction. The Period of the vibration is the amount of time taken to produce one complete cycle. The number of cycles per second defines the Frequency of the periodic motion which is denoted by the unit of Hertz, abbreviated as "Hz". Comparison of Periodic Motion to Sound Waves Expansion Expansion Air Com ssion Comp ssion I Ex an ion Ex an ion Loudspeaker Figure 1.2 The graphical representation of sounds in Figure 1.2 are Pure Tones, which are sounds made up of a single frequency. A familiar example of a pure tone is the sound produced when a single key of a piano is pressed. For instance, the middle C key on a piano vibrates the associated wire at a rate of approximately 260 times per second or 260 Hertz. The vibration of the wire transfers its motion to the sound board of the piano, which then vibrates at t.he same frequency, causing the air adjacent to the sound board to fonn compression and expansion waves in the air emitting outward from the sound board. When received by the human ear, this is regarded as sound. 4 -. Most sounds are not pure tones but a mixture of tones of varying amplitude, frequency, and duration. The intensity of sound waves produce a sound pressure level, which is commonly measured in a unit called the Decibel. The decibel is a logarithmic measurement used to accommodate a numbering scheme that encompasses a large range of values. The logarithm is used because the human ear can detect sounds more than a million times quieter than a jet aircraft during take off. Sound Pressure Level = 20 Log] 0 (Measured Sound Pressure / Reference Pressure) Reftrence Pressure (Pref) = 0.00002 Newton s / {meter)2 Decibel = The ratio between two quantities that are proportional to power. The commonly used unit for measuring sound pressure levels. Decibel Levels of Common Noise Sources Many different properties affect the noise level of a specific source type. For example, three lawn mowers may have three different noise levels because of differences in each specific piece of equipment. Noise level also depends on the distance from the noise source and the attenuation of the surrounding environment. Figure 1.3 provides a rough estimate of decibel levels of some common noise sources. Decibel Levels of Common Noise Sources Sound Pressure Level (dBA) 1'10 ---------------------------------- 130 ---------------------------------- 120 ---------------------------------- 110 ---------------------------------- 100 ---------------------------------- 90 ---------------------------------- 80 ---------------------------------- 70 ---------------------------------- 60 ---------------------------------- 50 ---------------------------------- '10 ---------------------------------- 30 ---------------------------------- 20 ---------------------------------- Noise Source Jet Engine (at 25 meters) Jet Aircraft (at 100 meters) Rock and Roll Concert Pneumatic Chipper Jointer/Planer Chainsaw Heavy Truck Traffic Business Office Conversational Speech Library Bedroom Secluded Woods Whisper Figure 1.3 5 1# UsinJ! Decibels Addition and subtraction of decibels is often necessary for estimating total noise levels or background noise. Because decibels are measured using a logarithmic scale, conventional linear mathematics can not be used. The most convenient way to perform simple arithmetic functions involving logarithmic measurements is to use doubling rules. These rules provide an accurate estimate of the effect distance and multiple sources have on measured sound pressure level. Distance Attenuation Estimations When the distance is doubled from a Line source the sound level decreases three decibels. Example: If a sound level is: 70 decibels at 50 feet it will be 67 decibels at 100 feet, and 64 decibels at 200 feet. When the distance is doubled from a Point source the sound level decreases six decibels. Example: If a sound level is: 95 decibels at 50 feet it will be 89 decibels at 100 feet, aud 83 decibels at 200 feet. Distance Attenuation of Noise levels 2d 4d d 95 dBA 89 dBA ,\~~)"'O fitJ ~ ' I'~"""} .. " 100 ft 83 dBA 200 ft~ 6 Addition and Subtraction of Decibel Levels In many situations pertaining to noise control and monitoring, it is very useful to be able to add and subtract noise levels. A doubling of sound energy yields an increase of three decibels. It is important to note the characteristics of logarithmic addition or subtraction of decibel levels. Addition and Subtraction of Decibel levels 1 SOURCE 50 dBA 2 SOURCES 53 dBA 4 SOURCES 56 dBA 8 SOURCES 59 dBA ~:.( ~- ~:.( ~- ~:.( ~- ~:.( ~-~:.(~- .... ......... .......... ........ ...... , ..... /, /, /, /, /, ~~~>- ~:.(~- ~:.L~-~:~>- .... ........ .......... ...... .... ....... / , / , / , / , ,/ ,/, / ~-~- ~~~-~..~- .... ........ .... .... ...... /" /" / " ,/ ,/, / ~_~- ~_~-~..L~- .... ........ ..... .... .... /" / '" / " Figure 2.1 Background or ambient noise is present in any environmental noise-monitoring situation. Background noise is considered to be all noise sources other than the noise source being monitored. Wind may be a major source of ambient noise. The MPCA's noise test procedures state, Measurements must not be in sustained winds or in precipitation which results in a difference of less than ten decibels between the background noise level and the noise source being measured. 7 1__ Background Noise Correction Figure 2.2 is a graph used to estimate the amount of background noise influencing a measurement, and the corresponding decibel level to be subtracted from the total measurement to determine the decibel level of the noise source being monitored. Background Noise Correction E !? u.. "0 Q) 1) (ll- ~ (ll -- .Do :::Jf- C/) '" Qi .D '13 Q) Cl 10 9 8 7 6 5 4 3 2 1 o o \ \ \ '. -, ~ ~. ~. -- 1 2 3 4 5 6 7 8 9 10 Difference Between Total Noise Level and Background Noise Figure 2.2 Figure 2.2 is useful in calculating the effect background noise has on the total noise level being monitored. The background noise must be more than ten decibels below the noise level of the source being monitored to have confidence in the accuracy of the measurement. In certain instances, when a single noise source is analyzed along with other noise sources, Figure 2.2 can be used to isolate the noise source being monitored and calculate its individual noise level. This is done by measuring and recording the total noise level of all sources. Next, the noise source to be isolated is turned off and a noise level reading is taken with all the other existing noise sources in operation. Total noise level is then subtracted from the background noise level. If, for example, the total noise level is 84 dBA, then falls to 80 dBA when the isolated source is turned off, Figure 2.2 can be used to attribute an 82 dBA noise level to that source in the absence of background noise. 8 Human Perception of Sound The threshold of perception of the human ear is approximately three decibels, and a five-decibel change is considered to be clearly noticeable to the ear. This is primarily due to the logarithmic measuring metric typically associated with decibels. As Figure 3.1 demonstrates, a IO-decibel change would be perceived to be twice as loud. Perceived Change in Decibel Levels Perceived Change in Decibel level Change in Sound level Perceived Change to the Human Ear .:!: 1 dB ------------------------- Not Perceptible .:!: 3 dB _____n__________________ Threshold of Perception .:!: 5 dB ------------------------- Clearly Noticeable .:!: 10 dB ------------------------ Twice (or Half) as Loud .:!: 20 dB ------------------------ Fourfold (4x) Change Figure 3.1 Weighting Networks Weighting networks are used in noise monitors to attenuate specific frequencies in the audio spectrum to attempt to duplicate the response of the human ear. The graph in Figure 3.2 represents the compensation of a C-weighting network, A-weighting network and the sensitivity of the ear. This illustration is useful in understanding how the ear is inefficient in the detection of lower frequencies and is very sensitivc to higher frequencies. The C-weighting network is a linear network that does not noticeably vary in its amount of compensation throughout the audio spectrum. For this reason the C-weighting network represents the actual sound pressure level that is received by the sound level meter. C-weighting is used during the calibration of sound level meters to insure that the sound level displayed on the meter is invariant of the frequency of the calibrator. The human ear can not detect or "hear" lower frequencies as well as higher frequencies. The A- weighting network is used to duplicate the sensitivity of the human ear. At 100 Hertz, the A- weighting network filters out approximately 20 dB from the incoming signal before it is combined with the levels from the other frequency ranges to produce an A-weighted sound level. On the A-weighting scale, at 1000 Hertz, nothing is subtracted. 9 l_ - 10 Relative - 20 Response (dB) _ 30 -40 Weighting Networks 10 o C-Weighting or Linear - 50 20 50 100 200 500 1000 2000500010,000 20,000 Frequency (Hz) Ear Figure 3.2 10 Measurement Procedures When noise measurements are performed, an important part of site selection is the consideration of errors caused by reflecting objects. Figure 4.1 shows the effect on noise measurements of a reflective object such as a wall. Errors Caused by Reflecting Objects Reflective Surface Approximately 3 dBA Error Sound Source ... ... 2d . ~ Sound Level Meter Reflective Surface ... d .... ~ d . Approximately 1/ 2 dBA Error Sound Source ... Sound Level Meter Figure 4.1 11 NTP-l Measurement Procedures NTP-I MEASUREMENT PROCEDURE FOR NON-IMPULSIVE NOISE The following test procedure has been approved by the Executive Director of the Minnesota Pollution Control Agency for the measurement of non-impulsive noise. A. INSTRUMENTATION: >- a sound level meter and a microphone conforming to type 0, I, 2, or S specifications under ANSI S1.4-1983; >- a calibrator of known frequency and level; >- a small screwdriver for sensitivity adjustment; >- microphone windscreen; >- noise survey form; >- Oipod(optionaD B. METEOROLOGY: >- Measurements must not be made in sustained winds or in precipitation which results in a difference of less than 10 decibels between the background noise level and the noise source being measured; >- Temperature and/or humidity conditions must be within the equipment manufacturer's specifications. C. LOCATION: >- Measurements must be made at or within the applicable NAC at the point ofhurnan activity nearest the noise source; >- Measurements must be made outdoors; ;;. Measurements must be made at least three feet off the ground and away from natural or manmade structures which would prevent an accurate measurement (barriers, houses). D. SURVEY PROCEDURE: >- Monitoring must be conducted for at least a one hour time period; >- Calibration must be performed before and after the monitoring period. Adjustments made if necessary; >- Sound measuring devices must use the "A" weighting and FAST response characteristics; >- Background noise must be at least 10 decibels lower than the noise source being measured; >- A survey form must be completed containing date, time, location, noise source, wind speed/direction, temperature, humidity, equipment information (make, model, serial #), site sketch with the location of the noise source and measurement location (including appropriate distances), data and calibration information. A sample survey form is on the following pages. 12 L NTP-2 Test Procedure NTP-2 TEST PROCEDURE MANUAL METHOD FOR THE MEASUREMENT OF NON-IMPULSIVE NOISE The following test procedure has been approved by the Executive Director of the Minnesota Pollution Control Agency for the measurement of non-impulsive noise. (A - D Identical to NTP-I Test Procedures) E. MANUAL MONITORING PROCEDURE: }> Using a hand-held sound level meter, take an instantaneous sound reading every 10 seconds and record on a "sample sheet." An example of a "sample sheet" is on the next page. }> Continue taking sound readings for one hour, which will give you 360 individual readings. }> To determine the L10, take the 36th loudest (10% of360 = 36) individual sound reading by counting from the loudest to the quietest on the "sample sheet." In the example on the next page, the LI 0 = 63 and is the 36th X from the top ofthe sheet. }> To determine the L50, take the I 80th loudest (50% of 360 = 180) individual sound reading. In the example, the L50 = 57 and represents the 180th X from the top of the sheet. 13 SAMPLE 90 85 80 75 70 x dBA ~x x x x x x 65 x x x x x x x x xxxxxxx xx xxxxx xxxxxxxx xxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxxxx 60 x x x x x x x x x x x x x x x x x x x x x x XXXXXXXXXXXXXXXXXXXXXX XXXXXXXXX xxxxxxxxxx XXXXXXXXXXXXXXXXXXX xxxXxxxxxxxxxxxxxx 55xxxxxxxxxxxxxxxxxx XXXXXXXXXXXXXXXXXX xxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxx XXXXXXXXXXXXXXXX 50 X x x x x x X x x x. x x x x x xxxxxxxxxxxxxxx xxxxxxxxxxxxXxx xxxxxxxxxxxxxXx XXXXXXXXXXXXXXX 45 L10 L50 40 Date Locatio n__________________________ 14 Manual Monitoring Data Sheet 70 dBA Date Location 15 NOISE SURVEY MPCA INVESTIGATOR: INSTRUMENTATION: SIN DATE: / / TIME START: TIME END: SOURCE: MONITOR LOCATION: DIAGRAM (INDICATE - NOISE SOURCE, NOISE RECEIVER, MICROPHONE LOCATION, REFLECTING OBJECTS/OBSTRUCTIONS AND DISTANCES.) Meteorological Conditions Wind Speed I Direction mph/ TEMPERATURE: _ CALIBRATION CALIBRATOR SERIAL NUMBER: CALIBRATION FREQUENCY: Hz INITIAL: dBA FINAL: dBA RESULTS: LlO dBA L50 dBA 16 RULES OF THUMB >> WHEN A SOUND INCREASES BY 10 DECIBELS, THE SUBJECTIVE RESPONSE IS A DOUBLING OF LOUDNESS Example: 60 decibels to 70 decibels = twice as loud PERCEIVED CHANGE IN LOUDNESS + 1 dB - UNNOTICEABLE + 3 dB - BARELY PERCEPTIBLE + 5 dB - QUITE NOTICEABLE +10 dB - SOUNDS TWICE AS LOUD +20 dB - SOUNDS FOUR TIMES AS LOUD >> WHEN THE DISTANCE IS DOUBLED FROM A "POINT" SOURCE, THE SOUND LEVEL DECREASES BY SIX DECIBELS Example: 50 feet = 60 decibels 100 feet = 54 decibels 200 feet = 48 decibels >> WHEN THE DISTANCE IS DOUBLED FROM A "LINE" SOURCE THE SOUND LEVEL DECREASES BY THREE DECIBELS Example: 50 feet = 70 decibels 100 feet = 67 decibels 200 feet = 64 decibels >> A DOUBLING OF ENERGY YIELDS AN INCREASE OF THREE DECIBELS Example: 85 decibels + 85 decibels = 88 decibels >> THE NOISE SOURCE BEING MEASURED SHOULD BE AT LEAST 10 DECIBELS ABOVE THE BACKGROUND NOISE LEVEL >> KEEP AT LEAST AS FAR AWAY FROM ANY LARGE REFLECTING OBJECT (EG., A WALL) AS FROM THE SOURCE BEING MEASURED >> ALL MEASUREMENTS SHOULD BE MADE WITH THE MICROPHONE AT LEAST THREE FEET ABOVE THE GROUND 17 Reflulatorv Aflencies Several agencies have noise regulations for different noise sources. Noise regulations are either source standards or receiver-based standards. Department of Natural Resources (DNR) - The Minnesota DNR has source standards for snowmobiles, motorboats, personal watercraft and off-highway vehicles. Federal Aviation Administration (FAA) - The FAA has source regulations for commercial jet engines. All commercial jet engines must meet noise emission criteria prior to being certified for flight. Federal Highwav Administration (FHW A) - The FHW A does not have actual noise standards, but has guidelines of an L1 0 of 70 dBA which are used to trip a federal funding mechanism for noise abatement on highway projects. Federal Railroad Administration (FRA) - Regulation of railroad related noise is the responsibility of the FRA. Housing and Urban Development (HUD) - HUD has noise regulations that establish acceptable noise zones HUD housing projects must fall into. Occupational Safety and Health Administration (OSHA) - OSHA has regulations to protect against hearing loss in the workplace. These are "dose standards" that restrict the amount of noise an employee receives over a period of time, such as eight hours. Local Agency - A local governing agency, such as a city, mayor may not have an ordinance regulating noise levels. Minnesota Pollution Control Agencv (MPCA) - The MPCA has a receiver-based standard intended to limit noise levels and protect the health and welfare ofthe general public. 18 Noise Rules and Statutes Minnesota Noise Pollution Control Rules MINNESOTA RULES CHAPTER 7030 MINNESOTA POLLUTION CONTROL AGENCY AIR QUALITY DMSION NOISE POLLUTION CONTROL GENERALLY 7030.0010 INCORPORATION BY REFERENCE. For the purpose of chapter 7030, American National Standards Institute, Specification for Sound Level Meters, S1.4-1983 is incorporated by reference. This publication is available from the American National Standards Institute, 1430 Broadway, New York, N.Y. 10018 and can be found at: the offices of the Minnesota Pollution Control Agency, 1935 West County Road B-2, Roseville, Minnesota 55113; the Government Documents Section, Room 409, Wilson Library, University of Minnesota, 309 19th Avenue South, Minneapolis, Minnesota 55454; and the State of Minnesota Law Library, 25 Constitution Avenue, Saint Paul, Minnesota 55155. This document is not subject to frequent change. The Federal Highway Administration publication, Sound Procedures for Measuring Highway Noise; Final Report, FHW A-DP-45-IR (August 1981) is incorporated by reference. This publication is available from the United States Department of Transportation, Federal Highway Administration, 1000 North Globe Road, Arlington, Virginia 22201 and can be found at: the offices of the Minnesota Pollution Control Agency, 1935 West County Road B-2, Roseville, Minnesota 55113; the Government Documents Section, Room 409, Wilson Library, University of Minnesota, 309 19th Avenue South, Minneapolis, Minnesota 55454; and the State of Minnesota Law Library, 25 Constitution Avenue, Saint Paul, Minnesota 55155. This document is not subject to frequent change. Statutory Authority: MS s 116.07 subds 2,4 History; II SR 43; 18 SR 614 7030.0020 DEFINITIONS. Subpart l. Application. The terms used in chapter 7030 have the meanings given them in this part. Subp. 2. A-weighted. "A-weighted" means a specific weighting ofthe sound pressure level for the purpose of determining the human response to sound. The specific weighting characteristics and tolerances are those given in American National Standards Institute 81.4-1983, section 5.1. Subp.3. Daytime. "Daytime" means those hours from 7;00 a.m. to 10:00 p.m. Subp.4. dB(A). "dB (A)" means a unit of sound level expressed in decibels (dB) and A-weighted. Subp. 5. Decibel. "Decibel" means a unit of sound pressure level, abbreviated as dB. 19 Subp. 6. hnpulsive noise. "hnpulsive noise" means either a single sound pressure peak (with either a rise time less than 200 milliseconds or total duration less than 200 milliseconds) or multiple sound pressure peaks (with either rise times less than 200 milliseconds or total duration less than 200 milliseconds) spaced at least by 200 millisecond pauses. Subp.7. LIO. "LIO" means the sound level, expressed in dE(A), which is exceeded ten percent of the time for a one hour survey, as measured by test procedures approved by the commissioner. Subp. 8. L50. "L50" means the sound level, expressed in dE(A), which is exceeded 50 percent of the time for a one hour survey, as measured by test procedures approved by the commissioner. Subp.9. Municipality. "Municipality" means a county; a city; a town; a regional planning and development commission established under Minnesota Statutes, chapter 473; the metropolitan council; or other governmental subdivision of the state responsible by law for controlling or restricting land use within its jurisdiction. Subp. 10. Nighttime. "Nighttime" means those hours from 10;00 p.m. to 7:00 a.m. Subp. I I. Person. "Person" means any human being, any municipality or other governmental or political subdivision or other public department or agency, any public or private corporation, any partnership, firm, association, or other organization, any receiver, trustee, assignee, agency, legal entity, other than a court oflaw, or any legal representative of any of the foregoing, but does not include the agency. Subp. 12. Sound pressure level. "Sound pressure level", in decibels, means 20 times the logarithm to the base 10 of the ratio of the pressure to the reference pressure. The reference pressure shall be 20 micronewtons per square meter. Statutory Authority: MS s 116.07 subds 2,4 History: II SR43; L 1987 c 186 s 15; 18 SR 614 7030.0030 NOISE CONTROL REQUIREMENT. No person may violate the standards established in part 7030.0040, unless exempted by Minnesota Statutes, section 116.07, subdivision la. Any municipality having authority to regulate land use shall take all reasonable measures within its jurisdiction to prevent the establishment of land use activities listed in noise area classification (NAC) 1,2, or 3 in any location where the standards established in part 7030.0040 will be violated immediately upon establishment of the land use. Statutory Authority: MS s 116.07 subds 2,4 History: II SR 43; 18 SR 614 7030.0040 NOISE STANDARDS. Subpart 1. Scope. These standards describe the limiting levels of sound established on the basis of present knowledge for the preservation of public health and welfare. These standards are consistent with speech, sleep, annoyance, and hearing conservation requirements for receivers within areas grouped according to land activities by the noise area classification (NAC) system established in part 7030.0050. However, these standards do not, by themselves, identify the limiting levels of impulsive noise needed for the preservation of public health and welfare. Noise standards in subpart 2 apply to all sources. Subp. 2. Noise standards. Noise Area Classification I Daytime L50 LI 0 60 65 Nighttime L50 LIO 50 55 20 2 65 70 3 75 80 Statutory Authority: MS s 116.07 subds 2,4 History: 11 SR43; 18SR614 65 70 75 80 7030.0050 NOISE AREA CLASSIFICATION. Subpart 1. Applicability. The noise area classification is based on the land use activity at the location of the receiver and detennines the noise standards applicable to that land use activity unless an exception is applied under subpart 3. Subp. 2. Noise area classifications. The noise area classifications and the activities included in each classification are listed below: Noise Area Classification Land Use Activities I Household Units (includes fann houses) Group quarters Residential hotels Mobile home parks or courts Transient lodging Other residential Motion picture production Medical and other health services Correctional institutions Educational services Religious activities Cultural activities and nature exhibitions Entertainment assembly Camping and picnicking areas (designated) Resorts and group camps Other cultural, entertainment, and recreational activities. Noise Area Classification Land Use Activities 2 Railroad tenninals (passenger) Railroad tenninals (passenger and freight) Rapid raillransit ill]d street railway passenger terminals Bus passenger terminals (inter city) Bus passenger terminals (local) Bus passenger tenninals (inter city and local) Other motor vehicle transportation Airport and flying field tenninals (passenger) Airport and flying field tenninals (passenger and freight) Marine tenninals (passenger) Marine tenninals (passenger and freight) Automobile parking Telegraph message centers Transportation services and arrangements Wholesale trade Retail trade -- building materials, hardware, and fann equipment Retail trade -- general merchandise 21 - I Noise Area Classification 3 Retail trade - food Retail trade - automotive, marine craft, aircraft, and accessories Retail trade -- apparel and accessories Retail trade - furniture, home furnishings, and equipment Retail trade - eating and drinking Other retail trade Finance, insurance, and real estate services Personal services Business services Repair services Legal services Other professional services Contract construction services Governmental services (except correctional institutions) Miscellaneous services (except religious activities Public assembly (except entertainment assembly and race tracks) Amusements (except fairgrounds and amusement parks) Recreational activities (except designated camping and picnicking areas) Parks. Land Use Activities Food and kindred products -- manufacturing Textile mill products - manufacturing Apparel and other fmished products made from fabrics, leather, and similar materials -- manufacturing Lumber and wood products (except furniture) -- manufacturing Furniture and fixtures - manufacturing Paper and allied products -- manufacturing Printing, publishing, and allied industries Chemicals and allied products -- manufacturing Petroleum refining and related industries Rubber and miscellaneous plastic products - manufacturing Stone, clay, and glass products -- manufacturing Primary metal industries Fabricated metal products - manufacturing Professional, scientific, and controlling instruments; photographic and optical goods; watches and clocks -- manufacturing Miscellaneous manufacturing (except motion picture production) Railroad, rapid transit, and street railway transportation (except passenger tenninals) Motor vehicle transportation (except passenger terminals) Aircraft transportation (except passenger terminals) Marine craft transportation (except passenger and freight terminals) Highway and street right-of-way 22 Communication (except telegraph message centers) Utilities Other transportation, communication, and utilities (except transportation services and arrangements) Race tracks Retail trade -- eating and drinking Fairgrounds and amnsement parks Agricultural Agricultura1 and related activities Forestry activities and related services (including commercial forest land, timber production, and other related activities) Fishing activities and related services All other activities not otherwise listed. Noise Area Classification 4 Land Use Activities Undeveloped and unused land area (excluding non-conunercial forest development) Non commercial forest development Water areas Vacant floor area Under construction Other undeveloped land and water areas. Subp. 3. Exceptions. The noise area classification for a land use may be changed in the following ways if the applicable conditions are met. A. The daytime standards for noise area classification I shall be applied to noise area classification I during the nighttime if the land use activity does not include overnight lodging. B. The standards for a building in a noise area classification 2 shall be applied to a building in a noise area classification I if the following conditions are met: (I) the building is constructed in such a way that the exterior to interior sound level attenuation is at least 30 dB(A); (2) the building has year-round climate control; and (3) the building has no areas or accommodations that are intended for outdoor activities. C. The standards for a building in a noise area classification 3 shall be applied to a building in a noise area classification I if the following conditions are met: (I) the building is constructed in such a way that the exterior to interior sound level attenuation is at least 40 dB(A); (2) the building has year-round climate control; and (3) the building has no areas or accommodations that are intended for outdoor activities. D. The standards for a building in a noise area classification 3 shall be applied to a building in a noise area classification 2 if the following conditions are met: (I) the building is constructed in such a way that the exterior to interior sound level attenuation is at least 30 dB(A); (2) the building has year-round climate control; and (3) the building has no areas or accommodations that are intended for outdoor activities. Statutory Authority: MS s 116.07 subds 2,4 History: II SR43; 18 SR614 23 7030.0060 MEASUREMENT METHODOLOGY. Subpart I. Measurement location. Measurement of sound must be made at or within the applicable NAC at the point of human activity which is nearest to the noise source. All measurements shall be made outdoors. Subp. 2. Equipment specifications. All sound level measuring devices must meet Type 0, I, II, or S specifications under American National Standards Institute SI.4-1983. Subp. 3. Calibration. All sound level measuring devices must, at a minimum, be externally field calibrated before and after monitoring using a calibration device of known frequency and sound pressure level. Subp. 4. Measurement procedures. The following procedures must be used to obtain representative sound level measurements: A. Measurements must be made at least three feet off the ground or surface and away from natural or artificial structures which would prevent an accurate measurement. B. Measurements must be made using the A-weighting and fast response characteristics of the sound measuring device as specified in American National Standards Institute SI.4-1983. C. Measurements must not be made in sustained winds or in precipitation which results in a difference of less than ten decibels between the background noise level and the noise source being measured. D. Measurements must be made using a microphone which is protected from ambient conditions which would prevent an accurate measurement. Subp. 5. Data documentation. A summary sheet for all sound level measurements shall be completed and signed by the person making the measurements. At a minimum, the summary sheet shall include: A. date; B. time; C. location; D. noise source; E. wind speed and direction; F. temperature; G. humidity; H. make, model, and serial number of measuring equipment; 1. field calibration results; J. monitored levels; and K. site sketch indicating noise source, measurement location, directions, distances, and obstructions. Statutory Authority: MS s 116.07 subds 2,4 History: 11 SR 43; 17 SR 1279; 18 SR 614 7030.0070 SOUND ATTENUATION MEASUREMENT METHODOLOGY. Subpart 1. Purpose. Sound level measurements made for assessing sound attenuation as specified in part 7030.0050, subpart 3, item B, C, or D, shall be made according to the requirements of this part. Subp. 2. Equipment. The equipment shall meet the requirements specified in part 7030.0060, subpart 2. Subp. 3. Calibration. The equipment must meet the calibration requirements specified in part 7030.0060, subpart 3. Subp. 4. Measurement procedure. The measurement procedure described in 24 FHW A-DP-45-1R, section 8 must be used for determination of the sound attenuation. Subp. 5. Equivalent methods. Methods equivalent to those described in subpart 4 may be used provided they are approved by the commissioner of the Minnesota Pollution Control Agency. The commissioner shall approve an alternative method if the commissioner finds that the method will produce representative data and results which are as reliable as the methods specified in subpart 4. Statutory Authority: MS s 116.07 subds 2,4 History: 11 SR 43; L 1987 c 186 s 15; 18 SR 614 7030.0080 V ARlANCE. If, upon written application of the responsible person, the agency finds that by reason of exceptional circumstances strict conformity with any provisions of any noise rule would cause undue hardship, would be unreasonable, impractical, or not feasible under the circumstances, the agency may permit a variance upon the conditions and within the time limitations as it may prescribe for the prevention, control, or abatement of noise pollution in harmony with the intent of the state and any applicable federal laws. Statutory Authority: MS s 116.07 subds 2,4 History: 11 SR43; 18SR614 25 Minnesota Motor Vehicle Noise Limits MINNESOTA RULES CHAPTER 7030 M~ESOTAPOLLUTIONCONTROLAGENCY AIR QUALITY DIVISION NOISE POLLUTION CONTROL MOTOR VEHICLE NOISE LIMITS 7030.1000 DEFINITION. "Motor vehicle" means any self-propelled vehicle not operated exclusively upon railroad tracks and any vehicle propelled or drawn by a self-propelled vehicle and includes vehicles known as trackless trolleys which are propelled by electric power obtained from overhead trolley wires but not operated upon rails, except snowmobiles. Statutory Authority: MS s 116.07 subd 4 History: 18 SR 614 7030.1010 PROHIBITIONS. Subpart 1. Operation of vehicle. No person shall operate either a motor vehicle or combination of vehicles of a type subject to registration pursuant to Minnesota Statutes, chapter 168 at any time or under any condition of grade, load, acceleration, or deceleration in such a manner as to exceed the noise limits contained herein for the category of motor vehicle and speed limits specified, when tested with a measurement procedure approved by the commissioner. Subp. 2. Sale of vehicle. No person shall sell or offer for sale a new motor vehicle or combination of vehicles of a type subject to registration pursuant to Minnesota Statutes, chapter 168 which when maintained according to the manufacturer's specifications would exceed the noise limits contained herein for the category of motor vehicle and speed limits specified, when tested with a measurement procedure approved by the commissioner. Subp.3. Modification of vehicle. No person shall modify a motor vehicle or combination of vehicles of a type subject to registration pursuant to Minnesota Statutes, chapter 168 in a manner which will amplify or increase the noise emitted by the vehicle, above the noise limits contained herein for the category of motor vehicle and speed limits specified, when tested with a measurement procedure approved by the commissioner. No person shall operate a motor vehicle so modified. Subp.4. Sale of parts. No person shall sell or offer for sale replacement or additional parts for a motor vehicle or combination of vehicles of a type subject to registration pursuant to Minnesota Statutes, chapter 168 which when installed in the vehicle will amplify or increase the noise emitted by the vehicle, above the noise limits contained herein for the category of motor vehicle and speed limits specified, when tested with a measurement procedure approved by the. commissioner. No person shall operate a motor vehicle incorporating such parts. Statutory Authority: MS s 116.07 subd 4 History: L 1987 c 186 s 15; 18 SR 614 7030.1020 SCOPE. 26 This chapter applies to the total noise from a vehicle or combination of vehicles of a type subject to registration pursuant to Minnesota Statutes, chapter 168 and shall not be construed as limiting or precluding the enforcement of any other provision of law relating to motor vehicle exhaust noise. Statutory Authority: MS s 116.07 subd 4 History: 18 SR 614 7030.1030 EXCEPTIONS. Vehicles under parts 7030.1050 and 7030.1060 are allowed to exceed the noise limits contained herein when perfonning acceleration maneuvers for safety purposes. Statutory Authority: MS s 116.07 subd 4 History: 18 SR 614 7030.1040 NOISE L1M1T FOR VEHICLES OVER 10,000 POUNDS. Motor vehicle noise limits for vehicles with a manufacturer's gross vehicle weight rating of more than 10,000 pounds and any combination of vehicles towed by such motor vehicle. 7030.1040 NOISE LIMIT FOR VEHICLES OVER 10,000 POUNDS. q lD ~ S , l' 5<119110 2 I \ 1I1I11IlIO Distance In F..t From the Cent.r of the Lane of Trovet A. Speed limits greater than 35 mph. B. Speed limits equal to or less than 35 mph and stationary run-up tests (for vehicles with governed engines). For stationary run-up tests on all-paved surfaces, add 2 dBA. C. Speed limits equal to or less than 35 mph and stationary run-up tests (for vehicles with governed engines), for vehicles manufactured on or after January I, 1978. For stationary run-up tests on all-paved surfaces, add 2 dBA. D. Speed limits equal to or less than 35 mph and stationary run-up tests (for vehicles with governed engines), for vehicles manufactured on or after January I, 1982. For stationary run-up tests on all-paved surfaces, add 2 dBA. Statutory Authority: MS s 116.07 subd 4 History: 18 SR 614 7030.1050 MOTOR VEHlCLE NOISE LIMITS FOR MOTORCYCLES. 7030.1050 27 100 .. III .., .5 ~ . ..J 1 .g t 3' IITUiIll I I' StlaSlIICIIl Oistonc:e in F..t From the Center of the Lane of TrG"'eI A For vehicles manufactured before January 1, 1975. B. Speed limits greater than 35 mph for vehicles manufactured on or after January 1, 1975. C. Speed limits equal to or less than 35 mph for vehicles manufactured on or after January 1, 1975. Statutory Authority: MS s 116.07 subd 4 History: 18 SR 614 7030.1060 NOISE LIMITS FOR OTHER VEIDCLES. Motor vehicle noise limits for any other motor vehicle not included under parts 7030.1040 and 7030.1050 and any combination of vehicles towed by such motor vehicle. ,on 1 3 ~ H 18910ll Distance in Feet From thl Center of the Lant of Travel .. III !O " .E .. = ..J " c ~ o '" Statutory Authority: MS s 1l6.07 subd4 History: 18 SR 614 28 - I I Minnesota Motorboat Noise Limits M~SOTASTATUTESCHAPTER86B MINNESOTA DEPARTMENT OF NATURAL RESOURCES BOAT AND WATER SAFETY RULES MOTORBOAT NOISE LIMITS 86B.321 NOISE LIMITS. Subdivision I. Operation in excess of noise limits prohibited. A person may not operate a motorboat under any condition of load, acceleration, or deceleration in a manner that exceeds the noise limits contained in subdivision 2. Subd. 2. Noise Limits. (a) The noise limits for the total noise from the marine engine or motorboat may not exceed: (I) for marine engines or motorboats manufactured before January I, 1982, a noise level of 84 decibels on the A scale measured at a distance of 50 feet from the motorboat or equivalent noise levels at other distances as specified by the commissioner; and (2) for marine engines or motorboats manufactured on or after January I, 1982, a noise level of82 decibels on the A scale measured at a distance of 50 feet from the motorboat or equivalent noise levels at other distances as specified by the commissioner. (b) The noise limits in paragraph (a) do not preclude enforcement of other laws relating to motorboat noise. Subd. 3. Applicability. The provisions of this section do not apply to motorboats operating under a permit issued under section 86B.121 or a United States coast guard marine event permit in a regatta or race while on trial runs or while on official trials for speed records during the time and in the designated area authorized by the permit. 86B.521 MOTORBOAT NOISE CONTROL. Subdivision 1. Exhaust muffling system required. A motor may not be used on a motorboat unless it is equipped with an efficient muffler, underwater exhaust, or other device that adequately muffles or suppresses the sound of the exhaust of the motor so as to prevent excessive or unusual noise. A motor may not be equipped with a cut-out. Subd. 2. Sale of motor that exceeds noise limits prohibited. A person may not sell or offer for sale a new marine engine or motorboat that would exceed the noise limits contained in section 86B.321, subdivision 2, under a test procedure approved by the commissioner if the motor is maintained according to the manufacturer's specifications. Subd. 3. Modification of engine to exceed noise limits prohibited. (a) A person may not modifY a marine engine or motorboat in a manner that will amplify or increase the noise emitted by the marine engine or motorboat above the noise limits contained in section 86B,321, subdivision 2, under a test procedure approved by the commissioner. (b) A person may not operate a motorboat with an engine modified to increase noise above the noise limits. Subd. 4. Sale of parts that cause excessive noise. (a) A person may not sell or offer for sale replacement or additional parts for a marine engine or motorboat which when installed in the marine engine or motorboat will amplify or increase the noise emitted by the marine engine or motorboat above the noise limits contained in section 86B.321, subdivision 2, under a test procedure approved by the commissioner. (b) A person may not operate a motorboat incorporating parts prohibited to be sold under paragraph (a). 29 r- Subd. 5. Applicability. The provisions of this section do not apply to motorboats operating under a permit issued under section 86B.121 or a United States Coast Guard marine event permit in a regatta, or race, while on trial runs, or while on official trials for speed records during the time and in the designated area authorized by the permit. Minnesota Snowmobile Noise Limits MINNESOTA STATUTES CHAPTER 84.871 MINNESOTA DEPARTMENT OF NATURAL RESOURCES MINNESOTA SNOWMOBILE NOISE RULES AND REGULATIONS SNOWMOBILE NOISE LIMITS 84.871 MUFFLERS. Except as provided in this section, every snowmobile shall be equipped at all times with a muffler in good working order which blends the exhaust noise into the overall snowmobile noise and is in constant operation to prevent excessive or unusual noise. The exhaust system shall not emit or produce a sharp popping or crackling sound. This section does not apply to organized races or similar competitive events held on (I) private lands, with the permission ofthe owner, lessee, or custodian of the land; (2) public lands and water under the jurisdiction of the commissioner of natural resources, with the commissioner's permission; or (3) other public lands, with the consent of the public agency owning the land. No person shall have for sale, sell, or offer for sale on any new snow-mobile any muffler that fails to comply with the specifications required by the rules ofthe commissioner after the effective date of the rules. HIST:1969 c 695 s 9; 1969 c 1129 art 10 s 2; 1985 c 248 s 70 MINNESOTA RULES 6100.5700 MINNESOTA DEPARTMENT OF NATURAL RESOURCES MINNESOTA SNOWMOBILE NOISE RULES AND REGULATIONS SNOWMOBILE NOISE LIMITS 6100.5700 REQUIRED EQUIPMENT. Subpart 5. Mufflers. Mufflers: A. No person shall operate a snowmobile unless it is equipped with a muffler as required by law and these rules, except that snowmobiles may be operated in organized events as authorized by Minnesota Statutes, section 84.871, without such a muffler. B. No snowmobile manufactured on or afler June 30,1970, and before February 1,1972, for sale in Minnesota, except snowmobiles designed for competition purposes only, shall be sold, or offered for sale, unless it is equipped with a muffler that limits engine noise to not more than 86 decibels on the A scale at 50 feet. C. No snowmobile manufactured on or afler February 1, 1972, for sale in Minnesota - except snowmobiles designed for competition purposes only, shall be sold, or offered for sale, unless it is equipped with a muffler that limits engine noise to not more than 82 decibels on the A scale at 50 feet. D. No snowmobile manufactured on or afler April 1, 1975, except a snowmobile designed for competition purposes only, shall be sold, offered for sale, or operated in Minnesota unless it is so equipped and has been certified by the manufacturer to conform to a sound level limitation of not more than 78 decibels on the A scale at 50 feet as originally equipped. E. In certifying that a new snowmobile complies with the noise limitation requirements of this rule, a manufacturer shall make such a certification based on measurements made in accordance with the SAB 30 Recommended Practice Jl92(a), as set forth in the Report of the Vehicle Sound Level Committee, as approved by the Society of Automotive Engineers September 1970 and revised November 1973. F. No snowmobile shall be sold or offered for sale in Minnesota unless its maker has previously furnished the commissioner with a certificate of compliance certifYing that all snowmobiles made by that maker meet or exceed the applicable noise level restrictions established by these rules. The certification of compliance shall be in the form of a "Snowmobile Safety Certification Committee" label conspicuously attached to the machine showing certification by the Snowmobile Safety and Certification Committee, Inc., or a label showing compliance with Snowmobile Safety Certification Committee standards accompanied by a letter containing test results of an evaluation of noise levels by a competent independent testing laboratory. Snowmobiles intended for competition purposes only shall be exempt from this part provided a separate placard identifying that such snowmobile is not so equipped is conspicuously and permanently affixed thereto. G. Except for organized events as authorized by Minnesota Statutes, section 84.871, no snowmobile shall be modified by any person in any manner that shall aroplify or otherwise increase total noise level above that emitted by the snowmobile as originally equipped, regardless of the date of manufacture. MS s 84.868 SR 1859 31