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Home My WebLink About2003-01-07 P & Z Agenda /~~/ 0L~:Jt~ ei~ t~~~;~t:::;::<.jr ..,tervi1[e \ /!A-'fV;"fAJj~ :i. W'EstaNisflea 1857 ~ -rJ 0.~ . PLANNING AND WNlNG COMMlTTEi-,,\, <:\' MEETING AGENDA ~A/"6 , .... .,~ TUESDAY,JANUARY7,2W., Cr,,} \ ' '~ 6:30p.m~~J. ,ct Q",\-y ~' .:.f ~vf! / ,f\" . ' i '~~J ,~~ ,\ VI ;) . '.i~ . ~ l.j~ '/ " ~ ~_.\ 1. Roll Call ,', )-yt vY} 'Y\ V I j\t? ~ II. ) APPROVAL OF AGENDA dl Ii. ~~ '\;. I,)l JVi ~ J ~'Ii} ~~ M~:/ J i.~ ~~\YAWARDS/P~SENTATIONS/APPEARANCES f,;311'.ff-/Y~ l'?~ ~~pY' I , ~ . B htl' f \tV Mr. Richard Carlson (<;oncept Plans - Hunte:~poss. m~ PPle # / I .~ L~ ~ oj \' ~ '\~~ ~m,t ~~ ~,.J.~/,~'\'If ..' 'il', j ,..' I dl':> li\ " r\\ ~ .\ IV/\''t"UBLICHEA~S'' I\~~'" IYYV '(j~,\'iP ~~'\\~<\I 1) ,tP~ .~ ~ ~ 'OJ. ~ "-" J~;#' V' . ~~f f"0~ Ii\ ~1Jill)3 V .V' \\ci , ;~~ \ 'h-J(;~ 1. \ UMrHenry Votel- Special Use PerMit (Miru-Sto~ag~)\ /i"1' , Xi' ~\ " V ~ ';!;:'t,"'/ ~-"r-,,:52r .'<<"Y"",du.,v p;.y&,,:-,w~-, V", " V. COMMISSION BUSINESS /5/".<'...."""- /L"<< ;0/'7:6 1" ~ A,lJ z) ~1,""PJf'~.,J . 117v,,:;) ~U;J.::Z:".&'A. ffii'<<~~- ~h. '\\ . 1, Appomt~ntofC~~erson.\,,~~c ~_ tl o' Yl "'1- ~ ~~.~.:.)- JOrdinance # I-./( 2''''~'~ oV~~'! ~,~fl ~ j{'U~.o?L<oJ f /u:Jeu. ~ J 1if:i0 ,.J~.v . SlaUghterHou~e./Butch(;lshoft~. Noo Vangd1<oet':!N /UY::'Uc'.' ._ ~ .c "ji#" -c.f,..a. Jai!!?:' pldi.~ ,/ -i,If,,/':". ' < ; ",__ ~;J"7/~.!.:.f7'.<.<..<..k' 0/ 4>><- . 4de /~e", " 'l'\j /{"vW<J ~< ~ -.!";;'...E'fif:.':5. /Ht-~ff'.'1f M.4 -y de ~k/z,~ :~~ VI, CONSIDERATION OF MU'lUH;S..id<;'" i- 41ft. ;'ctJ"~' /I. ,,??,' " /: /1 . ~ ~~ _ d;,I,//.<Y;{"f''(} /71!i'.cAa.,!lf .?,h:':A.<.a' \ 1. December 3,2002 P!fInning and Zoning ~tMg"'MlnUf(s A?,;r ".' ?c' /uu A~~' ~ _ ,pi ~{ f ~., /(S.u-&o7a-,! ~u..><-.LL., 0gaZ..x.aY" ~ ~ UPDATES\, i J ,il. ';f~') ~.Y~ A;J) c /l.u... ,;(:&.:.1:; ~/ ~e7 ~ ~ ;j! 'TJ~131 \/) \(\~\ 'I P \J.y~ c>l..Jc./&J1'. l<. /)1.Li./ "';/=7- uJ/ , 'I vm't ADJ~lVl!'N~. ., 2\J~ ' 01' b:Z';:;;' ~~'l ~ J ~~.\~~~ Sl \~~l j ~ ( j ~i ?1,/!d ?/,,;U<~;; ~-Mun ",;j~ ~~ * ~j ; r.~ ~ I'" b~ ' /""1<-?;P<Ul ~ )~'~ >.~:y<:~AJ I f _ . (,\\ "~\ ),&"1)# ~ 6~J a;~~ ~~J ~ 11 .\1' .~G ;; ~~ y( t' o~~ /t.uI/4;1- al!co/Y>oda.~_ 'oJ. ''\ ' J,y rl ~ oJ 1 "" U' p4-' j).'p-.' +-~ -.t;A.J~ r \' \:'oJ > ~'\ ~) )~~ J.t! :~t~ ?' ! '~~ ~ 1/ vi. l i' , '~)y~~-~~ ~ ~.~ o~\ ~ 0- ltir, ""iJ' '", @ ~,A..' """4<<.<.~ ~ ~ ~ \ ~ ~itJf' /15';J ,./ /Z.JdP <~p '\, ~ ~ < Iff' Ii,,' ~L ~ ' " ~ 1 . ~ ~~~.~..:;0):l4 . ' uJ' /ZM L~7~~ 11?m,J f /( 1,~ / ~I ~t ,.-i L CALL TO ORDER .~ \. \ .f ,(~i 11'/ {/'". ~y %l; J (Ir:' I~ ~ ~\~;) {. r{ ~.. ~ ".fJ ,(' ,.,1>- - <i l ijl";"",,..nr$n' ,>h n/ - '4:;7''1~Ip? ?~o/~ r~~7?7W [<.?V"mr". "'?'M"? 'K? 1'11/ 'r~ ~ 1111 <:.(~ t?l-7'Vr71 ' n.~ ~'--v-:="7/ '1"'J?f?I" ':""0 J'~"'P,> Z \ 1:7 :F"''l-'''''' 0' "i#; ~72n</ Lrrr:l// ,I., "'7/ r;t ~. \ijl rI.'~/?1 (71/ ~(/ ~T v'7/ ;.f tr-, t?a?~("/ I r67Prf J:"""y '-ry-rrl ? <{ "\. (-v-r; ?n--'l~,1 -wjY 7:J:7Z IF "'1 ~""(Jl.1 jiVZ If'll '7P')ntp?1--I't0'77Y~4 0/ -u-u.nt/?;:m,-'" (~ . -/"t-lW "M'/,f/' 7/ "t.,''''f'l''!- ~,,~ , / _ r 1'. _ 'jJ ,'n7U/ ?/ ~#; "l'T~~r-lLQ'r/ -, ~ "P'7?' r-~ I , LEGEND * PICNIC PAVILION - ROADWAY -TRAil _ _ _ _ PROPOSEDTAAIL __ CANOE ROUTE N t ~ g 1i4 ,,, 3/4 1 \-~ C.S.A.H.14 _ ~ PRO:'OSI".D REG.ION"i... CORRIDOR I B:1T"2:l ,. miYrJilti nW\SS'I"( , g(}e'j '" m ~ ~ ~ m J, U ,. o r ~ ,,:! G) b z '" < " PAOPOSED REGIONAL CORRIDOR i ) / / / / COUIIITY 10 BIRCH STREET .. '" I \ COUNTY J 6: m .....rJ '1,~ "" ! I ~ I '" '~1 m RICE CREEK CHAIN OF LAKES REGIONAL PARK RESERVE was established In the 1970's. The park encompasses over 2,500 acres of land and links a "chain" of seven lakes in the area" There are a variety of natural landscapes in the pdrk, which provide exce!lent habit::t for a number of wildlife species" PARK FACILITIES INCLUDE: Biking Boat Launch Canoeing . Camping-Group Fishing Hiking Interpretive Center . Meeting Facilities Picnicing Picnic Pavilions . PlaygroLlnds . Swimming X-Country Skiing ) ; Ar\ Arpkd County Mflnulnent sw Comer pf Section 23 NW CorM!r pf $.Jdji:m 26 T31N, R22'N . I ! ~ I L_ __ __J ] r----".-- --, !( ! I i I ~ Ln~__~__j j 'OJ: 40, I ,1W \ \ i J t v ~ o Ii: . " o . ).; {1 II \ 1 \, '>,~--1 L__ ~\ ' ' \ \'. \\\ . _w'- \~ ~ \ ~ ~;YI.--- 2 II "v" " ), )L/ .. ~L , ,,,,," / ( rt"1'.by ~ll!'tlfy'V.~rwy ~ ~rapar~ by fTloI 'pr Ulld<<" my ~OC1t.~: ~d thllt r ,m ~ dulY.' Reojllterr<lLGn fUMl)tl!' undlll' \ho ~ ,1 thll St;tlt af t.I MOta. """ Todd w, wgttki, R I,tnn. Reg. No. 156112- '"0. ( 2 11"/57.34)/ , o IT R .. "T No 100;.. Low \ Pon' j!o1.50 r~Or10., F1~ .10 \ 2 ADOI ONS . I Ah1510NS I( : r.n.tdl:1ilTS -. 208.70 S 88"36'51 E J3 ~ )..... Drl~ Encro~chmenf LOc~ron ApproJ(jlTllte fil:1c!iQl"Q So C<:I~so,'l ~; .^.1'.oc1qt~ In'(. (783) "/f!Ci\.-12-aS . ., , 1.6.'I~(';;;ra_7a7j ~tra! ^y;m~fridl~-,; MN OJ543~ Mattke S~rveY;l1g .& Ei1gl~eeldlgj InJi;. ~' . -r-,'. '; '. --------.--~-- "~CT TIlU: H~nter~ CrQS$IM 2nq Ad~ltlon 7611 Central Av"nue Nt -:- - '~,...-~- : ~rldl.y.MN 55,432 !!"~UJ]-E Sketc;h PLqn (612) 783-0.300 DR,\;','N CAOp APPRO\;m~ 1"-,cp' CHCl<ED DATE10~ .. '.--~.-r---~-r"-~ ~ g a: -" j c . '-' ,,,... "'... e PI( ~al ~ . o oc -" il J T PkN". I ~ ~'- 1 ,... ~~ I) ::l ~ ~ 1!l ~ GIlAPIDC sCALiI '. . 10'" IN 10.-........--' " I, p l!" """'1"= ., ( ua" 1,5=b-*ft. ,j \--? en SeRis of Bearings 13 Aasu.fled 8 oJ :< o Denoi:es Iron Monument Set and marked with Pie~J'lJc Ccp'~"RLS 1'56.i2~ ' ~ " 8 '" 77 L':;3 (2(:';;150') Ai! ::;"';"\''-:\1 ~'Y ~ i'w<ir In ~;unt~r~ Cro:!l~lns OF tervi{{e 'Estab[isliciI 1857 PLANNING AND ZONING STAFF REPORT DATE: January 8, 2003 CASE: SP 03-001 SUBJECT: Special Use Permit for Proposed Mini-Storage APPLICANT: Henry V otel ......................................................................... REQUEST The applicant is seeking a special use permit for a proposed mini-storage unit that he is planning to construct on property that is currently owned by Gerald Rehbein. This unplatted property is located at County Road 54 and Fairview Street. BACKGROUND The applicant has been working with the Staff to collect information regarding the zoning and use requirements of this property. Mr. Votel understands that he cannot commence with construction of the planned mini-storage until this property is subdivided and replatted by Mr. Rehbein, the current owner. Mr. V otel has appeared before the Planning Commission and the Council to informally discuss his plans for this project. PAST ACTION There has been no official action taken regarding this propeny. The current owner, Gerald Rehbein, came hefore Council on 2002, requesting that Council assist him in acquiring a small piece of property that is adjoining his and is owned by K. Carpenter by using the City's power to do a taking. Mr. Carpenter's property is preventing Mr. Rehbein from gaining access to his property which is in turn preventing Mr. Rehbein from further development of this property. Mr. Rehbein stated that he has offered to purchase this piece from Mr. Carpenter, but Mr. Carpenter refused his offer and counter- offered with a much higher price.' Mr. Rehbein insists that negotiations have failed with Mr. Carpenter and he sees no other way to resolve the situation. The Council agreed, by motion, to initiate the condemnation and taking process. Several weeks later, the Finance Director determined that Mr. Rehbein had an outstanding account with the City regarding a former development project. Ms. Paulseth sent Mr. Rehbein a letter, at Council direction, advising Mr. Rehbein of the situation and that he would need to remit payment to the City before continuing with the condemnation process. No payment was submitted and the condemnation continues to be on hold. FINDINGS SITE CHARACTERISTICS I. Location: Proposed Parcel C; Part ofNW Y. of SW Y. of Section 24, Twp. 31, Rng. 22. County Road 54 (20th A venue) and Fairview Street. 2. Lot Size: Proposed Parcel C is 4.00 acres; 174,304 SF. 3. Topography: Flat 4. Vegetation: Grassy; scrub brush STAFF COMMENTS Mr. Votel has been informed by Staff that Council may table or even deny his request for a special use permit because he doesn't own the property. He was also advised that before he can start any grading or construction, he would either have to own the whole property or have the proposed parcel subdivided and platted by the current owner. Mr. V otel indicated that he understood what Staff told him but that he wanted to have everything in order when the property was subdivided and platted. It is his intention to purchase proposed parcel C from Mr. Rehbein and construction the mini-storage. Staff has contacted the City Attorney for his opinion regarding approving a special use permit before the applicant owns the property. That information will be available for Council at the public hearing at the January 8th Council meeting. HENRY VOTEL & TOM KELLER 2150 3rd Street, St. Paul, MN 55110 651-426-1610 November 26, 2002 Ms. Kim Moore-Sykes City Administrator CITY OF CENTERVILLE 1880 Main Street Centerville, MN 55038 Re: Special Use Permit Public Application. Dear Kim, ,A-fter our presentation at the planning Commission on December 3rd we have submitted the permit request and fee to the City for a public hearing in January 2003. We have been in touch with Rice Creek Watershed and their consulting engineers. That application is being prepared and some design issues are being addressed. Shortly we should have the revised plans; but they will be very similar to what you have viewed so far to date. As soon as practical I need an interpretation about the city sign ordinances and landscape ordinance questions we had last week. 1) Signs: does it mean 200 sf on either side of an internally lighted sign? and 2) Landscaping: the number of plantings required for our 4 acre site? Also if appropriate do you have a staff review of the plans at this point and can we attend that for your staff review and comments? Thank you and I will be in touch. . . . . f' , . ( \ (~=':j D' .\( ! I .' .' :i l . I Henry Votel For Henry Votel & Tom Keller HENRY VOTEL & TOM KELLER 2150 3rd Street, St. Paul, MN 55110 651-426-1610 November 26, 2002 Ms. Kim Moore-Sykes City Administrator CITY OF CENTERVILLE 1880 Main Street Centerville, MN 55038 Re: Review Meeting prior to Special Use Permit Public Hearing. Dear Kim, As discussed today and following our Sketch Plan presentation at the City Planning Commission on November 12th we have prepared information required for application. public hearing and determination on a required special use permit for a self storage/mini storage facility on Fairview Street; East of 20th Avenue N., aka: C. R. No. 54. The subject site is a four acre parcel of industrial zoned land within property owned by R & R Leasing, Inc. See attached maps for exact location. We discussed and are fully aware that R & R Leasing, Inc. is in the process 6f platting this site and that certain matters regarding partially installed Fairview Street remain to be resolved. We understand that the platting and road matters must be resolved before we could start any construction in Spring 2003. However, given the lead time involved for building design, construction planning and a multitude of other things that are involved before we could start any construction we desire to simultaneously process our permit application as the platting and road activities are mitigated. We understand these would be conditions under an SUP. We have investigated the other governing agency matters normally involved for such proposed development. Those activities include designing a plan that meets City/State building codes, has the required SUP details and we are in process of meeting with Rice Creek Watershed District, the City's Consulting Engineer as well as others. Based on our familiarity with development requirements we expect that by the public hearing date in January 2003 we will have feedback from them positive to our development plans. Therefore at the Planning Commission Meeting on December 3rd we appreciate the opportunity to update and detail our activity to the Planning Commission before we schedule the Public Hearing. ~~ {/~ For Henry Votel & Tom Keller . 'E:it{![li:4il!{{ 1857 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE NOTICE OF REQUEST FOR SPECIAL USE PERMIT PUBLIC HEARING BEFORE THE CENTERVILLE PLANNING & ZONING COMMISSION AND CITY COUNCIL PLEASE TAKE NOTICE that the Centerville Planning and Zoning Commission and the City Council will be holding public hearings and may take action on the following matter: ITEM: Request for a Special Use Permit Allowing Mini- Storage in the Industrial District (Subject to Lot Split Approval, Minimum Area Requirements, Road Access and any Additional Requirements Planning & Zoning Commission or Council may impose). PETITIONER: Mr. Henry Vote! & Mr. Tom Keller along with R & R Leasing PROPERTY I.D. #: LEGAL DESCRIPTION: R24-31-22-32-0002 TIIE S 662.45 FT OF NWl/4 OF SWl/4 OF SEC 24 TWP 31 RGE 22, EX RD, SUBJ TO EASE OF REC. The petitioner requests that the Centerville Planning and Zoning Commission and the City Council consider granting a Special Use Permit allowing Mini-Storage in the Industrial District on the above-mentioned property for future development. The petitioner understands that numerous actions need to occur prior to construction of a building and the operation of a mini-storage facility. Said approval, if deemed appropriate, would be subject to a list of conditions which would need to be met prior to further consideration. The said hearings will take p17ce on Tuesday, January 7, 2003 and Wednesday, January 8,2003, respectively, at the Centerville City Hall, 1880 Main Street in the Council Chambers beginning at 6:30 p.m. or shortly thereafter. City Hall is ADA accessible. Requests for hearing assisted devices or a sign language interpreter must be received before 4:00 p.m., January 3, 2003. All persons interested are invited to attend and to be heard orally or in writing. You may contact the City Clerk's office at (651) 429-3232 or by facsimile (651) 429-8629 if you need additional information. December 17, 2002 Is! Teresa Bender City Clerk Published in the Quad Community Press December 24,2002 and December 31,2002. Ul~'10 !l(ain Strut . Ct!"'Un.'i{J~. flt~'{. S5()j4.~ it:-Jl) 429.3~3:: . !J~'Il( 16$1} 4.29-8fi:!9 CITY OF CENTERVILLE SPECIAL USE PERMIT REQUEST . NAME: HENRY VOTEL & TOM KELLER FEE: ~/5.{)O COMPANY: PAID: ADDRESS; 2150 3rdSt#7.St.PauLMN 55110 TELEPHONE NllMBER: 651 -426-1 61 0 STREET l.OCATION OF PROPERTY: FAIRVIEW STREET EAST OF 20TH AVE PROPERTY IDENTIFICATION NUMBER: _Gt.:f - .:il-fa -3.2 -1;LL;)'.._ LEGAL DESCRIPTION OF PROPERTY: DESIGNATED AS PARCEL C ON MAP IN SUBDIVIDING PI AN RY R 8< R LEASI~IG-- SIZJ;:.OF PARCEL(S): 4.0:1: ACRES;" SPECJAL USE PERMIT REQUEST: SELF STORAGE FACILITY WITH OFFICE. AND TOTAl RLIII D OIlT O~ ARnllT 5So;!; UNITS; DEPeNDING I:JPOl4 I'IIML UNIT CONFIGURATION IN 5 PRnpnc:",n ~1I1L.DINGS PR9JeCT WOI:JLEl BE CONSTRUCTED IN TWO PHASES' 3 BIlII OINr.c: "'IRq THE~I RI!~1AININC BUILDINGS LATER AS DEMAND WARRANTS '- PLANNING & ZONING ACTlON: CITY COUNCIL ACTION: Illllv~n:addttl at1iKhalOrdinllDccN~. Dlvialon ~0(1: Spcci3J lit'''' Pcr.u!t.<t (Pa_9,:6j - 66), I was a1w ~ntcd wil:b tha\ Scl.'tiou or 0nJinanl;e M4 thai: 1 DtlY/ftla~. DGt be in o.lmplianCf. Wilh and fuliy tlnder~hd thai j( 1 am ~i<<1 the mmificatioD!;.dfsame. By pa.yiag tbt above slated &:C. I uDdenialUl thai 1\0 rciitods will t~ if,tiucd in fuli (tt in pin. .\1 any ilem, e-_'en it' ttw I)U'9IIm.1.: d.,ilI.._ ;{;'~' V"VZ'"'" Signal~ Applicant II.Z~ 'P"- . Dale For R & R Leasing: ;:;f .}>~_~~____ ,;1., i;-; .c-;;;' /J ,>-,;./ Signa~ of Property o~l NOV-26-2002 09:30 AM GERALD. REHBEIN nov ~~ U~ u~~~~. HENRY VOTEL 12182453083 603-843-8530 P.01 ,.2 r-- - ) FROl1'! CIE/oiT ~~[]I'II!! N:1 : 651 ~~~ &6:29 ~r. iJi .G!~ ~:1.ZAN Pi UlSr 1,lfilJ :\I()lrI .ifMlt ,. t.~mjl:fVitJ(, !lo.t. $~~~il, Ii-.r l) 4J.Y.,f:.!J:.' . !1.I.\ /~I~) 4~t,,$~M CITY OFCEl'fl'!IYILLE SPECIAL IlSE PERMrt R1iQlJt:llT NAME: HeN~Y vm!l . TOH JW.lJ.B... 1'EIl: ~1F::.i>O COMPANY: PAID: _ ADDRESS: Z1S0 3rd!it _7 St P~MN .B110 TI!LEnlONll NtIMBllIt 6 S 1'426-' 610 STIl.eETLOCAllON 01' P1l.0PERl'\': ~IEW STREET EAST O. 20TH AVE nOPERIY fDENm'IC.TCo,'1 N'\iMBEIl: UOALD6SClUl'TIONOPPIlO'Pl!:Il.TV, -p'!SIGNATEO AS PARCR ~ ON MAP IN SUBOI\L101NG. pl.d~ lilY II . P b.i~l!'llJQ: ---.-...--.....~______ ----- SIZt 01' PAIlCllL(S): 4.0'~C~ES SPECIAL USE PERMlTlUlQUEST, SEl~ STORAGE FACILITY WITH OFfICi ANn "tI'lTAI 111111 n "lIT nt:: ^~('IIT H~1ti U~IITrr PEI'EIH3IfJB t::lVel1~, ..J....... UNIT CONF"IGoW't.4.TlnN IN "I ognanro:1:In II I lJb..tmJl: , "~IiilJtet '''6~L.13 CONSTRVCTEP 11'4 rwo "HAS-H' ~ lruff ~IMI1(, i:"liSr nlnJ Ri;i-\ltJl~JG;!I! IIUILDINCiS LATeR AI: DEf.'IAND WARRANTS. .--..' PI,.A'NNINO & ZONING ACtiON: 1Il~ . - CITY COUNClL ACnON: -' If1J111oOi1l1*&lM......~II4.D>v....)l)I't ~ll(Ckll'" ~""t"-,.6~..dlI). 1_'"'_ .........."""'11., ......,I0tIbDclI... _1 ...-.1Lf1llll b;;""......... Mill w t1~ ~lkIJtl... Mitt.t.~ ~...-- lIy""mrJ\llll........ilA,1 ,~.....~.-II '" ~.illlfJI.._ 1M .._IHP."'.... ..._"...~I r;'1)t Honry Vot~1 81 Tom K.U.rl ~..r""p_ For R .. R L.~:,.ln9; ~4?N,~_~/, Slil........~w..t ___J Dal1 > 6. :~~,-":!:':,:(:t:,,:.,-).. " .. ..' f~.-~ ~~ent?rli1!h' ., ;''ii:.~:: ,#;J ,'V ___'_ (_ ..,.,:,,~""::. ~ 'u'~"",' ~ 1880 Main Street CantervifJe, - Minnesota 55038 (651) 429-3232 REcaVED OF I I I I I Motels by Gudim I i $175.00 I I I I Ck #8449 ~OR: Special Use Permit Request I I(Mini-Storage) I I ; I I I I ;1;.ccour.t Code Amount I , I i i I ! \~ I I I I I I L 1 \l, "~I~; .C~~ ",\,Ij~~U) /~" ""' IV k ' ,\ , . <''.,-, " ..' \ ';::' .. "-"'. ., " ",' \ I .( I I I, I ~~\\ \\-(~' ! r \~~ It "~~---'(!'\'''\\~\t~~' './(1"'::....\ \V~ \~~,0 . (".,\\~\~ij,\. \UI. "'..Itl., o~' h\~\~./{ \\~' ))?, BY Teresa Bender December 12, 2002 Receipt "# S i 27 Gtew~y ~_i:::/. _ l.&.I :lC: <( ...J , " . j). 3 . oun.a-r 0 .. ^ " . on d z " <( 0 '" . >- >- z '" 0 () 0 . . l..~!rc'_ ~ ---~~~ "- ~DITC -- --- .!!.No.3 ...J . o . o z ,~ I~ z 0- z .. " e ..... o .. lei z >- ..... o F AiR'v1EW STREET ",,, - I . [ g" "Z-f '00 ~:1." ~Ig l~~ ~~g ,;::'0 r~; , ",- ;-'ifg, H'il ~!~ ~;:. ~ :2~ t~g ,. ~ ;' '0' ,-~ , ~o ,.- ~W~ ;",g' ".'>'~ , 0 ~;;< Cl " 0 i~~ 5~[ :1: ~ " :i i" .!" go ~z 23' i ~~3.;;' ~ . 0 _." :l". ~ !~~~ ~:"!l 5' '" ~~: g. ~~g~ '6 'e~",l;1 tj :L c Ol.'>'~ ~ mi ~ ~ ;~g ;r 0:,,' ~ :il z":OO jJ~H :6-j?g;-~~ ~I\ ~l' _ _ '--1 , , -=-= _,l -/1'/ "'.;)/ ~col -"on ,J~.5~1) ~ ,'" I G:JC>:l\ "'. ~ 81 G :1 .... 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'Ista6fisfietf 1857 1880 Main street CenterviHe, Minnesota 55038 (651) 429-3232 R:EC:?:iVED OF , , Motels by Gudim $175.00 , Ck #8449- FOR: , Spedal Use Permit Request , Mini-8torane) , Account Cods Amount I I ! , , I , I , , BY Teresa Bender December 12, 2002 -; w ~ w ~ ~ o co ~ ~ l.D ReceIpt #- flL~I First Name Mr. & Mrs. David Mr. & Mrs. Thomas Current Mr. & Mrs. Darrin Current Current Current Current Current Mr. & Mrs. Kenneth First Class Leasing or Current Current Current Current Current Ms. Colleen R & R Leasing Mr. Henry I . _.' .. .!)1--,?-p"j, L- Office_Address_List Last Name Address Line 1 Cit Grafsky or Current OWner 1957 Center Street Centerville Hanson or Current Owner 1965 Center Street j Centerville Owner 1945 Eagle Trail "/ Centerville Mosher or Current Owner 1949 Eagle Trail Centerville Owner 2010 Fairview Street 11 Centerville Owner 2034 Fairview Street vi Centerville Owner 2062 Fairview Street ,/ Centerville Owner 2005 Gateway Circle v Centerville Owner 6869 - 20th Avenue Sout"Centerville Carpenter or Current Owne 6885 - 20th Avenue SoutvCenterville Current Owner 740 - 148th Avenue Nort ..Ham Lake Owner 6900 - 20th A venue SoutvCenterville Owner 6907 - 20th Avenue SoutvCenterville Owner 6939 - 20th Avenue SouhCenterville Owner 6953 - 20th Avenue Sout.Centerville Owner 6965 - 20th Avenue SouhCenterville Carpenter of Current Owne 6985 - 20th Avenue Sout.Centerville 6805 - 20th Avenue Sout-Centerville yotel 2150 Third Street, #7 .-SI. Paul Ifc.. (~) -:;;;;:/1 -rl. / ; l.;..n~ ,?7.:'-~y:.) Page 1 x5..~~-L ~ -:(2j, 12/1712002 . I\v<..c t.... j.."i' .lD ....0). , i /Z/?kJ.L, I _ State MN MN MN MN MN MN MN MN MN MN MN MN MN MN MN MN MN MN MN Office_Address_List 12/17/2002 ZIP Code 55038 55038 55038 55038 55038 55038 55038 55038 55038 55038 55304 55038 55038 55038 55038 55038 55038 55038 55110 I 1 , I Page 2 .~~ Ble ~clt !ljew Insert F0mat: loots fJ.n"'" t!\>R"", to AI .t> F"".", /!f$ ActIons: lielp 70.3'X .........~ IZI. Fran: To: TereSll Bender [tbende~entet'll'Mlemn.com] Quad (legal Postlngs) Pres!: ~OI"/'(]@sherbl:eI,net) Sent: rue 12(17/2002 12:32 PM eo, SUbiectl spedallJse Permit. Yalel Attllchmerts: ~VoteJ - 5tP NDtke (MW-Sl:a--"!:IC),ooc (:35 KB) Please publish in the .9\-!!ll.Q. Community Press on P.~.~!'l'm~.~J.::?:A}..~.:f and p.~.g~m~.~.r.;?L.:?~. Please send confirmation of receipt and printing of this e-mail Thank you, Teresa . tervi[[e 'EstahlWmf 1E57 1880MainStrut. Cmurvi/k., 'JofJ.f... 55038 U.5.POS1AG€ ~Jml ""\\?"~n n 3"/ . @;..{ ..., u. - H~ErE~ E2j~1 Mr. & Mrs. David Grafsky or Current Owner 1957 Center Street Centerville, MN 55038 ~terviIre 'Estab{islted 1857 18809.(ain.')tn;ct. Cen.tervil1e,?f!J.{. 55038 (:;'J G~ 2\ ." U.:3.P")ST.l.Gl!:. 1< .' 0''''-'2 ) @(".OO 7 7 : \ lc',,) g....r .,'). .~ .' -} ~ ,/ " 'I ".",.,' H^"en:p H"141 1< ~:/',;- ...,,"..' -" Mr. & Mrs. Thomas Hanson or Current Owner 1965 Center Street Centerville, MN 55038 €')iii C':"';~6 =-'0nY.~' .. tervi[[e 'Esta6[is!i.ed 1857 1880 :1{ain Strut. Cmtervi[[t, M2{ 55038 Current Owner 1945 Eagle Trail Centerville, MN 55038 tervi[[e 'Esta6{is/'u.a 1E57 1880 ~ Strut. CentuviIk,9d!Jo.{ 550;8 ~ I 0nr~. .,.,~, C , l:.S. r--CSTA(jE *1 , ",m'1 ) firo 0.37: ~Ij \~C/ 11 1.~nC:1? 1,<'41 ;:: I~ f DEC17'OZ , \!-:J U.S.MSTA~E '"'1 !f2Q) :/ ?;J~O 0.3 7 : E.'I H "-'ErER 1:;:1 1~ 1 Mr. & Mrs. Darrin Mosher or Current Owner 1949 Eagle Trail Centerville, lvJN 55038 X"-"~'-'--'-"'-"<-'--'"'" .-....'7...-'.-. --.--, --------- ....-~._>..~,.,-~.,_~,._."""..~.~.:_c....~--. tervi[[e 'Estafiislied lEST 1880 MainStTut . Crn-teroilk, 9rtJ{ 55038 'Esta6[isfid 1.857 1880 :Main Street. eenterm({e, 'lYf!J{ 55038 ervi[[e 1880 :Main.Street . Cmtervif{e, 'M2{ 55038 (i6 Ii'~~')[(' tervi[[e 'Esta&[isfted M57 1880 MairtStreet . CenttrvilIe, 'lvL"{,55038 Current Owner 2010 Fairview Street Centerville, MN 55038 Current Owner 2034 Fairview Street Centerville, MN 55038 \J G 0' 0 DEC17'02 :~ CUlTent Owner 2062 F airview Street Centerville, 1'v1N 55038 Current Owner 2005 Gateway Circle Centerville, MN 55038 ~, ! 0- 0\ I 0[[1)'82 1 ~~/ ~c Do D[~lT,'J2 ,~ U.s.rilSTAGE ~~ :;t 7'00 j' 7 : "-'~., . I~METER 1Ql.11 ".",,"', 'I ~ t "g:-'~n .., . '" 0..( u 0,,) 7. * ~.." .. H MEn:r. '~21J1 :1 U.S,~''\lST,,(/E tel -." ., ~.;%j~ l7 . ::[ 8~( 0 0.3 / . ~I -, H:.1ETEi\HZ1.jl ~,j iJ.S,POSTAGE;; *I "iCfii) ~' ~;:;l~nn""l'7. 0{ U,,,j/,, ~ *1 !-lMET!:;i '~Z~.;j ~l 'tervi[[e 'DtaIifdreJ 1857 '880 9.Uzin Sma. Centmlitk, :M'J.l. 55038 Current Owner 6869 - 20th Avenue South Centerville, MN 55038 eJJ il';';'re;'ltervi[[e 'E.,ta6{ished 1857 188D Mont Slrut . D:nti!J"lJiffr, 9Ybl.;50J8 11S~S;AGE *\ ~~ : ~OO_37: : H1>'ETER ~~~~"11 ::! \j G -<- 0'\ t;.$,POST:'GE UCC17'GZ j ~~aa'7' "~ .v. !~... H..',E1D',S<1.;j Mr. & Mrs. Kenneth Carpenter or C!1rrent O\V1ler 6885 - 20th Avenue South Centerville, MN 55038 ~\'; ~R;1~ tervi[[e 'Lstab{ished 1851 '880 ~aj"5mtt . Centtrvif[e, 'J.b(. 55038 ,~ ("DEC;TQ2)V ~j.... First Class Leasing or Current Owner 740 - 148th Avenue Northeast Ham Lake, !\IfN 55304 :::t.??) tJ.::i.F:'::,f.lllli -::p:"'".@;j("1 (' ., 7' tI ~l!J...J .~[ Hi'ilEiE" -,:'ZYl ~\ 'Estabfis/ia[ 11J5i ~880 '}\{ainStrett . Centeroi{(e, 'M2{ 55038 Current Owner 6900 - 20th Avenue South Centerville, JvlN 55038 \l.S.POS11l.r:tj1'1 ~~an'7' EI ~~ u,v. ~ :-iP,:ETtR '~2'~t ;, 1880 :Main Strut. Centeroiik, 'M!J.f.. 55038 Current Owner 6907 - 20th Avenue South Centemlle, MN 55038 .tervi[{e 'Esta6{isfiecf11i51 1880 9\1ainStreet . Centc1lJi{k, :MJ{ 55038 Current Owner 6939 - 20th Avenue South Centerville, MN 55038 ~ \ '0E[1J'82~ I.it'_ ~ v....-. !,' ~~'O".';;",! w..t D",,~f..: KMET~,f j,,~t ~l ""'~'-'-m' f? -..-, (W . :g,-, "-' p. "" OU",?: ',I ~ < H 1c~E:TSR 1 ~ ,,: _\ ~ *~ tervi{{e 1880 9\1ain Street. Centeroi/le, 'M'?{ 55038 Current Owner 6953 - 20th Avenue South Centerville, MN 55038 tervi[{e 'Wa6{is!ied-1857 1880 'ftfainStrut - Center-vilfe, 9vfJ{ 55038 Current Owner 6965 - 20th Avenue South Centerville, NIN 55038 f.,.--... .0 G ~ _(' 0 \ \ OfC17'82 i ~ /~ /'" 0\ 1\ DEC17'.)2 ) ~ 0- U.2.rosTac;=~1 ~on77' II ~ U,'J/';: ., HMETER 152141 :z ~"""'''''''~Ir q00.37: ~ . . HMETER 152141 ,;- '~ j ::1 . teroi{{e 1;stafj(ishea W57 r::.'7.:2~ ~:J ,,<_;::.,:;, u!' p,::.sT.MiE:1 :~"~D n '7 . ~I ~ -E.> ,,, ; , ,'>':";-"R' .;1 ,.- 18809tlainStnet .. Cent~,:M'J{ 55038 Ms. Colleen Carpenter of Current Owner 6985 - 20th Avenue South Centerville, MN 55038 ~. c;cjh Ifi,t}e' tervi[[e 'E.sta6{islied 189 //-;JO' <- 0\ .j \ \ nEC17':J2 ) . , '<~// lL:.f'o.r;7"GE "'I 5ft~ ~ :.,:~,:PW ],37 : rl ""',,,-JE . ,1.~1 1(.1 1880 'Mail/Street. Centerviffe, :M'J{ 55038 R & R Leasing 6805 - 20th Avenue CentervilJe, MN 55038 ~>'''''':L ~"e,. tervi[[e 'Esta6fislied 1857 /~, ,/"<' 0'" " n'~17'-7 ) ~'C. " \. ~ I "!":';;'~/ q{?7;' ~'."ro 7 7' 0.,~ u .) . ;ia,~::Z-';'G'i'- _.i !l *' .;i 1-, ',:,- {,,~ 1":,~ j *! 1880 !MuinStreet .. (.'tntervi{[e, Jef'J/. 55038 Mr. Henry Votel 2150 Third Street, #7 51. Paul, MN 55110 ,. SELF STORAGE DEVELOPMENT SPECIAL USE PERMIT APPLICATION Who, What, Where, When, Why and WHAT's IT GOING TO LOOK LIKE.... WHO: Thomas Keller, resident of White Bear Lake, MN, utility and general contractor by profession and Henry Votel, resident Forest Lake, MN, real estate broker by profession together will be owners and operators of this Self Storage Facility. Keller's construction background is in utilities and commercial building construction. Votel's real estate experience is in the brokering, business operations and development. WHAT: A newly constructed 550:1: unit self storage facility in the City of Centerville, MN. The facility will offer individual storage units to residents in the area and businesses that need secured units. Most of the facility units will be cold storage type units; however a small percentage may be climate controlled units developed in the second phase. The facility will meet all City construction code requirements for concrete exterior walls, paved surfaces, lighting, etc. No building setback variances will be requested. Other local governing units have considerations/applications under way relative to the wetland issues, property platting, etc. All permits for development are expected to be received before any construction will start. It is expected that the development will be constructed in two building phases; the first phase would start construction in Spring/Summer 2003. The applicants have met informally with Rice creek Watershed District engineers Emmons & Olivier and been advised & instructed about storm water holding and storm water infiltration design requirements. The applicants engineer: Development Engineering has estimated and designed the required storm water ponds according to said calculations and set out major pond design details in our plans. The applicants believe the ponding area meets to Rice Creek Watershed's dead storage and infiltration storage requirements. Fine tuning of Rice Creek's storm ponding requirements may cause slight changes in our building configurations on the North end of the property; e.g.: the buildings may lengthen or shorten depending upon the exact ponding area requirements. A formal permit application will be delivered to the Rice Creek Watershed after SUP approval. 1 The applicants are aware that the land owner/developer R&R Leasing Inc. must finalize platting of the property and reach a resolution with the City regarding street right of way over a small triangular piece of property near the intersection of Fairview Street and 20th Avenue. The applicants are aware that platting and right-of-way issue will be among conditions precedent to starting any construction under their Special Use Permit. The applicants desire to move forward knowing of these conditions so they can continue their design and construction planning for Spring/Summer 2003 which involves considerable before construction time and effort. WHERE: See attached maps and drawings. Located on a 4 acre parcel of land in property owned and under development by R & R Leasing on Fairview Street in the Southeast quadrant of the City; just East of 20th Avenue. The land is zoned 1-1 and can be developed to the requested use under special use permit from the City. City services are in Fairview Street and the street pavement issue is under City control. The development will not require any additional city services. No subsidies will be requested from the City for this development. WHEN: Hoped for construction start is in Spring/Summer 2003. The applicants have been pursuing development issues since a purchase was agreed with R & R Leasing in August 2002 and are in their middle of the planning process at this point in time. The applicants have met with City staff, private contractors and engineering consultants regarding development issues and compliance with City and State codes. The applicants have attended two Concept Review presentations at the City Planning Commission and have incorporated various suggestions into their building designs and drawings. The design submitted with this SUP application now feature improvements with wider driving lanes, changed street building views and details on the site for landscaping requirements and storm water ponding. WHY: Self Storage facilities are proven successful businesses since their refined inception about 20 years ago have been welcomed in many communities as an enhancement to residents and businesses. They offer mostly community residents a location to securely store all types of possessions that might suffer if exposed to weather, elements or unsecured locations. They offer a place to store excess personal possessions that are too much for their residential storage in houses. Self storage facilities also offer and provide local businesses storage for items that must be retained, inventoried or kept in a secure location until used. 2 Most self storage facilities serve a customer base that is within a 5+ mile radius of their location. The typical customer is a area resident and the average length of storage runs 6 months to several years. Customers of such facilities expect a secure, properly operated and easily accessed facility. Self storage facilities are an enhancement to area residents who desire a clean and orderly community. Self storage facilities are not an excessive user of city utilities, administration, pOlice or fire services and cause no burden on the local government, schools and residential tax payers. Self storage facilities pay commercial real estate taxes. Some local employment is generated because such facilities are open usually six days a week; often staffed and maintained by area residents who want ajob in the community. The facility is also a user of certain services from local businesses. WHAT'S IT GOING TO LOOK LIKE: The applicants envision and have planned for a very nice "state of the arf' Self Storage Facility that will compliment other buildings in this industrial park as it develops The facility will be a city business and operated by the applicants who desire a neat, clean and tidy business operation. Mandates stipulated by City code have been incorporated into our plans for attractive buildings with decorative concrete block work exteriors, colored metal standing seam roofing on the buildings, possibly some brick work, wrought iron fencing at the front of the facility, asphalt paved drives and lanes, attractively landscaped perimeter areas, non obtrusive lighting, attractive signage, etc. Signage will be professionally designed and not exceed any city stipulated size requirements. Our plan submitted herein is fully laid out, engineered to the level required for a Special Use Permit and we believe we have complied with all requirements for the SUP. The internal building unit layout'configuration will, be defined as we proceed and complete architectural work, structural engineering work and utility details. the applicants understand that the building plans will require approval by the City and other governing agencies. Thank you and we look forward to your comments. Henry Votel & Tom Keller 3 . i ~ ~ '" . II i I I 'l1 I ~ i 'I . . o. '. ~. . . c- . .: ::'" .. . ." . :" ." 0: t= . . alD~.~-O-l a~:3;.~;i a -'7"9.-:' ~:r. le:IDO.-:T1D1D ::Jg.o1~~ III o~ "':I:I.ID".::1.. ~ IlIll;::Jo2Jl;:!:J og IP S,!I'Q ID 5'11 :Jn~ C"O"II _5;o~!2C;~ii; ~!'le:"~~-g~g. "r[gE:::~. 311::r3 ~::ro a.: II ~~1 Q't1-;;'e. IDlD::::II:I:J,,::IIC .::1 S'-c o.-o.!. i~:,,~"..5ia: U)."=~n~"I:I It -: i;!-~:;; :F-o :1"1:1 II e:~ 11."1:1 '0"'-" ".11__ D..!I';; "~:g.g~!!:~ Oi _<"II oCl:l a::rO :;:J "_111_::11_.._ :"o.",.O-cr- =-"'0:7'..:1 CD .o.....!!:.:60 ~:Ii: o Q.::lCII;:J-ID"I _ D.1lI 1:1ll~ :;:J cr. ....1!.3::rc:o CD? 0 II CD. cr. n" n::::J::J"3 .,. -0 II c:J'ii!!! 11-:1::1"-. .3",.0::'" ::J ~.O':r~II"""ICL. :::II !;II C::Jco"'::J 1Q.IICll"<~"aOa. ",&.:i:gD..5i1~ ::r ::J...OCII :m:ca'o&[",ct .ro:r:;:Jg.olla::r O...II~.OIl -00"-'''-",3'' iioIl3..,.::::iI:n:l1D ~_.5;r::!;5. . ::J:r""l::JOIIW:" 6.(1' 6.(1' 26.(1' OOIJB4 E FACE III IlMlNA1l:D PYlON o ,.......,.~....."WRoel"*" Mf"."'" !rIIatfMlr;k. o ...........WI HlMf\lc-.,. eua....(2aO-IF1J o f........"..,.,.,..".lO.~CClpItWl""".... o CM......UIIllIl'oDntWlHMI_(2llO-OI5)~ 2-e.e.fI....C<lnonlII/lI'ilolll\lO 6.(1' f!I.(1' fI.(1' 08.(7' Effective: 2/27/59 City of Centerville Old. # I 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 WATER MATTER OF 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 PENAI"TY FOR VIOLATION OF THE PROVISIONS OF THIS 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 both residences and businesses and commercial enterprises, and shall consist of organic refuse resulting from the preparation offood and decayed and spoiled food from any source, dead animals of not more than 10 pounds weights each, and glass and tin cans in which foods are customarily purchased. (2) Rubbish, as the 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 other combustible matter not included in this ordinance under the term garbage. (3) Waste matter, as the 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 the word is used in this ordinance, shall consist of any tract o[]and five (5) acres or greater in area used for agricultural purposes. SECTION 2. CARE OF GARBAGE. It shall be the duty of every tenant, lessee, or occupant of every private dwelling house, or commercial enterprise, and the owner of every furnished Hat or apartment house, or business Page 1 of4 ... Effective: 2127/59 City of Centerville Ord. #1 building, except upon a farm, to provide, without expense to the City ofCenterville, 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 capacitv 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 bv 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 mav be driven and shall not be located so as to be a public nuisance or in anv wav 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 exclusivejudgeofthe efficiepcy of such garbage cans, receptacles and located areas. It shall be lmlawful to keep, place or deposit garbage, waste matter, or rubbish on the public ways ofthe 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 of a 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 ofCenterville 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. 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 of Centerville. 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 __ __-----ol Effective: 2/27/59 City of Centerville Ord. #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 ** Amended 3-13-74 SECTION 5. The Contractor of this City ofCenterville 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 ofthe City ofCenterville. 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 independent 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. Allhccnses granleu for the collcction of garbage prior to the adoption ofthis ordinance shall terminate on the effective date ofthis 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 I ,__ Effective: 2/27/59 City of Centerville Ord, #1 SECTION 10. This ordinance shaH 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 tervi[[e 'Esta6lisfiea 1857 STAFF REPORT DATE: January 7, 2003 RE: Request for Slaughterhouse to be an Allowable Use; Noo Yang To: Planning and Zoning Commission Chair and Members Kim Moore-Sykes, City Administrator (.' W'''J FROM: ................................................................................. REQUEST Mr. Noo Yang is requesting that the City consider revising the City Ordinances to allow slaughterhouses to be a permitted use in the II Zoning District in the City of Centerville. If this l;' ,.......request is granted by the City Council, Mr. Vang is proposing to renovate the metal building located ,..,.1lt>6Il6.l<,.;20th Avenue into a slaughter house, which would provide custofrl'hutchering to primarily the Hmong and Vietnamese populations. Currently, this is the site of Reel Manufacturing. BACKGROUND Staff met with Mr. Vang on Thursday, January 2, 2003 to discuss his plans for the site. He is very interested in opening a slaughter house to service Hmong and Vietnamese populations in the Twin Cities area. He has stated that he is willing to do whatever is required by the City to make this project happen. Paul Palzer advised him that he would need to get the appropriate licenses and certificates from the various county, state and federal governmental agencies in addition to the applicable building and fire codes. He also informed Mr. Yang that various pennits may be required from Rice Creek Watershed District and the Metropolitan Council and Anoka County regarding the disposal any etlluence, blood, animal fat, etc. Mr. Palzer also indicated that several building modifications may have to be done in order to comply with these above-stated requirements. Mr. Yang then provided us with a driving tour of two slaughter houses in St. Paul. We did not enter either of the buildings, but did observe that the operations are busy. We also observed live animals being kept on site. Mr. Vang indicated that customers select the animal they wish to purchase and slaughter. He indicated that the animal(s) are killed and butchered while the customer waits. The meat is then taken away by the customer, apparently unwrapped. He also said that sometimes, the customer will purchase the animal and butcher it themselves. STAFF COMMENTS Staff has also discussed the issue with the City Attorney, who will also be at the Jan. 8th Council meeting. It has been suggested that the Council consider adopting an interim moratorium ordinance so that Staff and City Council have time to research the issues and receive input regarding this request. This same procedure was implemented by various cities when they received requests to allow adult use establishments in their communities. RECOMMENDATION Direct Staff to put together an interim moratorium ordinance for the purpose. of researching the issues associated with approving a slaughter house as an allowable use in the II Zoning District of the City of Centerville. ~ CITY OF CENTERVILLE PLANNING AND ZONING COMMISSION DECEMBER 3, 2002 Pursuant to due call and notice thereof, the Planning and Zoning Commission held their regularly scheduled meeting on December 3, 2002, at 6:30 p.m. PRESENT: Ray DeVine Tom Wilharber Brian Hanson David Kilian John McLean ABSENT: Mary Jo Helmbrecht COUNCIL: Council Member Travis STAFF: Ms. Moore-Sykes I. CALL TO ORDER 1. Roll Call The meeting was called to order at 6:30 p.m. II. PUBLIC HEARlNG(S) 1. Mr. & Mrs. John Buckbee III. 7381 Peltier Lake Circle. PUD/Special Use Permit Request. Chair Hanson opened the public hearing at 6:35 p.m. Mrs. Buckbee indicated she had filed for a PUD as there is some confusion as to whether or not a PUD is required. Ms. Moore-Sykes indicated that Staff feels that a PUD is required in this case as the 15,000 per lot is the small lot as opposed to the bigger lot that the townhomes sit on. She then said that developer feels the lot is the whole lot that the two buildings sit on and, in that case, he would meet the requirements, but it is her understanding that each townhome sits on its own lot not two townhomes on one lot. Mrs. Buckbee asked whether the townhome owner or the Association would own the lot. Commissioner McLean indicated that two units together with a zero lot line would be two lots. Page 1 of 10 , City of Centerville December 3, 2002 Planning and Zoning Commission Commissioner DeVine indicated he needed information from the developer as to whether the homeowner or the Association would own the lot. Ms. Moore-Sykes indicated the plat would be recorded with each individual townhome owner and for recording purposes that would be defined as the lot. Commissioner McLean commented that, by definition, if the units share a zero lot line that divides them into two lots. Commissioner Wilharber commented that the Association is usually in charge of the maintenance and the land is owned by the individual homeowner. Ms. Moore-Sykes indicated a public hearing is scheduled for December 9, 2002 at the Council meeting. Mrs. Buckbee indicated the developer has reduced the number of twin homes but noted the twinhomes along the channel would stay due to the soil conditions in the area. Ms. .Moore-Sykes recommended continuing the public hearing and recommend that Council continue that public hearing to January as there is not enough information from the developer to act on this. Motion bv Commissioner DeVine, seconded bv Commissioner Kilian to continue this public hearing to the eud of the meeting. All in favor. Motion carried unanimously. 2. Vacation of Goiffon Road Chair Hanson opened the public hearing at 6:48 p.m. Ms. Moore-Sykes eXplained that several months ago the church had requested that Goiffon Road be vacated. She tben said that the church is planning a renovation or expansion of the church and vacating the street would allow the church more property to expand. The other reason is that during church activities it creates a traffic hazard because people park along that street. Commissioner Kilian indicated he was notified as he lives on Sorrel Street and will abstain from the vote. Mr. Kilian asked why the Council reinitiated the discussion. Ms. Moore-Sykes indicated there were some discussions earlier and as part of Anoka County's proposed plans for County Road 14 it shows that the road is vacated. Mr. Kilian what happens to traffic patterns on Sorrel and Heritage with that street closed. He then said that Goiffon seems to be a good road and closing it would move the traffic Page20fl0 City ofCenterville December 3, 2002 Planning and Zoning Commission over to Sorel Street. He further commented that the church has a big parking lot that belongs to the City but they do not use it. He also suggested putting up no parking signs on one side ofthe street and adding a crosswalk to alleviate the traffic issues. Chair Hanson asked if the street would be used as a parking lot or if it would be a dead end if vacated. Ms. Moore-Sykes indicated she was not sure of the church's plans. She then read a letter submitted by Tim Rehbein asking the City to reconsider the vacation as it has potential impacts on the future ofthe downtown revitalization project. Julie Lindsey of 1687 Sorel Street indicated she would like to know more about what the church has planned for the street and what kind of construction is planned. She then said she is also concerned with the future plans for downtown and how closing this street would affect those plans. Chair Hanson asked when the County intends to come through with widening CSAH 14. Ms. Moore-Sykes indicated it would be 2005 to 2006 before that happened. Mrs. Sanna Buckbee of7381 Peltier Circle asked if there were homes on the other side of the street or if the church owns that block. Ms. Moore-Sykes indicated it was her understanding the vacation is for that part that abuts the church property. Commissioner Wilharber indicated he is on the administrative council for the church and the biggest issue is traffic and safety. He then said that since his retirement he has been doing more work for the church and it is not uncommon that people come flying through there as they do not realize that Main Street goes to the east. Commissioner Wilharber indicated that vacating the street would eliminate cost to the City for maintenance. He then said that the traffic pattern would need to change for those residents that live by LaMotte Park and the other side of Sorrel. He further indicated he had spoken to the Police Department and the Fire Department and both feel that vacating the street would improve traffic and safety in the area. Commissioner Wilharber indicated the main issue for the church is traffic and safety and the church is not sure what it intends to do with renovating and/or expanding. A resident asked if the City had considered speed bumps. Ms. Moore-Sykes indicated there is an issue with clearing the streets where speed bumps are used. Mr. Kilian suggested adding bigger 30 mph signs to slow traffic down. Commissioner Wilharber indicated the police department has officers that sit on that stretch of road quite often and it is a very good revenue for the police department because people do not slow down and adding signs would not help. Chair Hanson indicated he would like to have Staff assess the road conditions on Sorrel and Heritage since this would add extra traffic to them. Page 3 of 10 City ofCenterville December 3, 2002 Planning and Zoning Commission Mr. Kilian indicated he has trouble getting out during rush hour times and that would become even more difficult with additional traffic. Commissioner DeVine indicated he was not ready to vote on the vacation as he feels there is more to consider with how this would affect the downtown revitalization. He then said he would like to recommend forming an active committee to discuss the vision of the City for downtown. Commissioner McLean indicated he would like to have some traffic pattern information. Council Liaison Travis indicated the road could be closed without being vacated. A resident asked if the road could be barricade on Sundays. Ms. Moore-Sykes indicated that it could. Commissioner Wilharber indicated he was not sure if the City wants to put itself into the liability situation of closing the street and having something happen. Commissioner DeVine indicated that would be a temporary fix. He then said the City owns half a block and may need the use of the street for redevelopment. He then said he would recommend forming a downtown revitalization committee that is active to discuss the matter. Motion by Commissioner DeVine, seconded bv Commissioner McLean to close the public hearin2. All in fayor, Motion carried unanimously. Chair Hanson closed the public hearing at 7: 13 p.m. Chair Hanson indicated he did not think this was the right time to close the road and suggested further research into the ramifications of doing so. Commissioner McLean indicated it would seem premature at this point and would like more research into the redevelopment of downtown. Commissioner Wilharber commented that the City may not have the answers until Main Street is done. He then said that the County does not want to do anything to impede the flow of traffic and stop signs and stoplights impede traffic. He further indicated that the church cannot look at expanding to the west ifthe street is not vacated. Mr. Kilian indicated the church does not have enough parking to expand in its current location. Commissioner Wilharber indicated that taking out the rectory would make more room for parking on the hill. Mr. Kilian indicated that most businesses that outgrow an area move and expand to where it is suitable and do not just expand to the limits of the property and push their overflow onto other people. Page 4 of 10 City ofCenterville December 3, 2002 Planning and Zoning Commission Commissioner DeVine indicated that having the church expand to the west would make sense but he would still like to have a committee research and discuss the best options for the roadway in relation to the overall plan for downtown. Commissioner Wilharber indicated that the letter concerning vacating the street was sent to 45 residents and only two are here. He then said as a member of the administrative council of the church he is representing them. Chair Hanson indicated he would like more information on what the church is planning on doing before he c.ould say go ahead. He then said that Commissioner Kilian raised a good concern with parking and he would like more information to make sure that the City is doing the right thing for the residents that live in that area. Chair Hanson asked Commissioner Wilharber to provide basic information on the church's expansion plans. Commissioner DeVine suggested that a parking solution may be in the old public works area if that is developed. He then commented that former City Administrator Jim March had a proposal to knock down the buildings in the area and build a two-story office building and a public parking facility that would help out the City in terms of taxes. Motion by Chair Hanson, seconded by Commissioner DeVine to recommend denial of the vacation of Goiffon Road. Aves - 3, Nays - 1 (Wilharber), Abstain - l(Kilian). Motion carried. Commissioner Kilian questioned whether Commissioner Wilharber should abstain from voting on this matter. Commissioner Wilharber indicated he receives no personal gain and there is no need for him to abstain. 3. Gerald Rehbein - 20th Avenue South. Lot SolitNariance Request Chair Hanson opened the public hearing at 7:20 p.m. Ms. Moore-Sykes indicated this property is the piece that the people want to construct a dog kennel on and Mr. Rehbein is proposing splitting the lot to two parcels one that is 434 by 321 and one that is 155.85 by 350 feet. She then indicated that this would create a nonconforming lot so a variance is required. Commissioner Wilharber asked how Parcel A would be serviced. Mr. Rehbein indicated he owns the land around it. Commissioner Wilharber asked if Mr. Rehbein would you an easement to fulfill the proper street requirement. Mr. Rehbein indicated that he would. Page 5 of 10 City of Centerville December 3, 2002 Planning and Zoning Commission Mr. Rehbein indicated the City approved a lot split and he failed to have it recorded and then the code was changed to require wider lots. He then indicated he has added 30 feet of property to make the lot wider but he has no more to add. Commissioner Wilharber commented that adding a road further narrows the lot and if there is no road then Parcel A is landlocked and that cannot be done. Mr. Rehbein indicated that Parcel A will go into wetland or buffer area as he has no intention of developing back there. Mrs. Buckbee asked why it needed to be split off. Mr. Rehbein indicated the dog kennel needs a small piece and cannot afford the whole piece property. Chair Hanson asked the square footage of the building. Mr. Rehbein indicated that Mr. Palzer checked the setbacks and all were met. Chair Hanson commented that based on some of the issues raised by Mr. Rehbein this does qualify for a variance. Commissioner Kilian asked whose fault it was that the lot split was not recorded when it was supposed to. be. Mr. Rehbein indicated it was his fault but said that when the City stamped the deeds for the other two.lots the City created this problem. Chair Hanson asked whether the sale of the property was contingent upon the variance and the lot split. Mr. Rehbein indicated the sale is contingent upon approval and noted the developer wanted to start building in December. Motion by Commissioner DeVine, seconded by Commissioner Wi/harber to close the public hearinl!:. All in favor. Motion carried unanimously. Chair Hanson closed the public hearing at 7:33 p.m. Commissioner Wilharber indicated he had no problem recommending a variance with regard to Parcel B and the only concern he has is that the City should require a full easement for a road ifit would come to be so that Parcel A is not landlocked. Commissioner Kilian indicated the other property owner would need to approve that. Motion by Commissioner Wilharber, seconded by Commissioner DeVine to approve the lot split and variance as requested includinl!: a 30 foot easement and continl!:ent upon a sil!:ned al!:reement from the property owner to the sonth to provide a 30 foot easement. All in favor. Motion carried unanimously. Motion bv Chair Hanson, seconded by Commissioner DeVine to open the Buckbee public hearinl!:. All in favor. Motion carried unanimously. Chair Hanson opened the public hearing at 7:46 p.m. Page 6 of 10 City of Centerville December 3, 2002 Plnnning illld Zoning Commission Ms. Moore-Sykes copied the PUD requirements and handed them out. Mrs. Buckbee indicated she has discussed this matter at length with the developer and he feels he meets the minimum lot requirements and a PUD is not required. Ms. Moore-Sykes indicated that the lots would not be recorded and platted as one big one, it would be two smaller lots. She then said that another reason staff supports the PUD is that it would help preserve the natural amenities of the land. Mrs. Buckbee requested a letter from the City indicating why the developer is required to have a PUD approval. Ms. Moore-Sykes indicated that she and the realtor have discussed the matter. Mrs. Buckbee indicated she applied for the special use permit on her own rather than waiting another month. Ms. Moore-Sykes suggested continuing this until after the preliminary plat approval and include the PUD as part of the final plat process. Ms. Moore-Sykes recommended continuing tIllS to the January meeting. Ms. Moore-Sykes asked if the transaction could be finalized with preliminary plat approval. Mrs. Buckbee commented that she would not stay now after hearing all the issues and would continue to search for other property if the current deal does not work out. Mr. Bill Svetin of 1687 Peltier Lake Drive indicated that residents had said at the last Council meeting that they were not interested in having twin homes on the property. He then indicated that if tIle multi-family housing were eliminated it would not be necessary to have a PUD. Mr. Svetin indicated that residents did not object to single family housing but everybody said that the multi family housing did not fit into the area. Mrs. Buckbee questioned why residents had issues with multifamily housing. Mr. Svetin indicated that he and the other residents would fight hard to keep multifamily housing out of the development. Mrs. Buckbee indicated she could not foresee the developer backing off of on the twinhomes as they are an allowed use under the comprehensive plan. Conunissioner DeVine indicated that one of the requirements for the PUD approval is that the use would not be detrimental. Page 7 of 10 City ofCenterville December 3, 2002 Planning and Zoning Commission Mr. Svetin indicated the PUD would allow for a reduction in setbacks and increased density and he finds that to be detrimental to the neighborhood. He then said that multifamily housing does not fit into the surrounding neighborhood. Mrs. Buckbee asked how this would be detrimental. Mr. Svetin indicated that multifamily housing is not desirable next door to single family housing. Mrs. Buckbee indicated that not liking twin homes was not a valid reason. She then said that the existing homes are actually a detriment to the proposed development as a number of them are rundown and have junk lying in the yards. She then said that this is a very nice development with homes that are $250,000 plus per side. Mr. Svetin indicated that multifamily housing is not best for the City. Mrs. Buckbee indicated that the City would receive twice the taxes on twinhomes as it would on a single family home. Ms. Moore-Sykes indicated that Staff would feel more comfortable continuing at this time as Staff does not have enough information from the developer at this time. Mrs. Buckbee noted she is meeting with Park and Recreation and has heard that the neighborhood is opposed to a park. Motion bv Commissioner Kilian, seconded by Commissioner Wilharber to continue the hearinl! to the January Planninl! and Zoninl! Commission meetinl!. All in favor. Motion carried unanimously. A resident asked if it would be possible to provide a map of the proposed development or site plan for every public hearing so that residents in attendance are privy to the information being discussed. He then suggested using the easel to display a large map for the audience. Council Liaison Travis indicated that all ofthe information is available to the public. Mrs. Buckbee indicated she would ask the developer to bring a large drawing. Commissioner Wilharber inclicated it would be helpful to have Staff put up a drawing prior to the discussion. III. AWARDS/PRESENT ATIONS/ APPEARANCES I. Mr. Henry V otel & Thomas Keller - Sketch Plans Mr. Votel addressed the Commission and asked if there were any more concerns or suggestions prior to moving forward with their plans. Mr. Votel provided drawings of the proposed buildings. Page 8 oflO City of Centerville December 3, 2002 Planning and Zoning Commission The Commission indicated the proposal looked appropriate. IV. OLD BUSINESS 1. Ordinance #48 - Mailboxes (Reveal) Ms. Moore-Sykes indicated that this item is on the agenda for discussion as there was some concern about mailboxes and in talking with Staff there seems to be two thoughts. In the past, the City was putting up the boxes and charging back now the City requires that the developer install the boxes and the question is if there should be single or gang mail boxes. Motion by Commissioner DeVine, seconded by Commissioner Wilharber to repeal Ordinance #48. All in favor. Motion carried unanimously. V. NEW BUSINESS None. VI. DISCUSSION ITEMS Chair Hanson indicated he would like to recommend that Council appoint a special committee to discuss downtown revitalization and all the issues surrounding it. Commissioner Wilharber agreed but said that EDC has had a lack of a quorum for several months and this Commission cannot get a seventh member. He then said that residents are busy and do not feel a commitment to serve the City. Chair Hanson indicated this would be a temporary commitment to meet and discuss downtown revitalization. Commissioner DeVine indicated there is not a lot of activity right now but that may change. Ms. Moore-Sykes indicated that with the widening of 14 and the historic district may generate renewed interest in serving on the committee. Chair Hanson recommended that Council form an active committee. Commissioner Kilian indicated he would like signed copies of the ordinances when they are finished. Chair Hanson indicated there was talk of putting together new books. Page 9'oflO City ofCenterville December 3, 2002 Planning and Zoning Commission Ms. Moore-Sykes indicated she had passed along the request to the City Clerk and said they would be coming but slowly. Commissioner Wilharber indicated that the Commission receives the ordinances and the only thing they need is a rubber stamp from the Mayor. He then said that members need to be more responsible with the paperwork they receive from the City and add the ordinances to their book when they are received. Commissioner McLean agreed but said he had multiple copies of Ordinance #4 and was not sure which was right. Chair Hanson indicated he never received a copy of the Comprehensive Plan. Mrs. Buckbee indicated that she was concerned with the comments of Mr. Svetin concerning Park and Recreation already having made up its mind on the park for the development and she is concerned that a serial meeting is taking place. She then asked if this is the opinion of the Committee or ofMr. LeBlanc. Ms. Moore-Sykes indicated that Mr. Leblanc circulated that petition on his own. Mrs. Buckbee indicated that Mr. LeBlanc had given the impression that it. was the opinion of the Park and Recreation Conunittee but signed hisbwnname. Ms. Moore-Sykes indicated that the information was provided in Council Packet's and Staff discussed the appropriateness of using the status of being a Park and Recreation Committee Member. Mrs. Buckbee indicated that the park is within the scope of the Park and Recreation Committee but including the multifamily housing was not appropriate. VII. CONSIDERATION OF MINUTES 1. November 12. 2002 Planning and Zoning Meeting Minutes Motion bv Commissioner DeVine, seconded bv Commissioner Wilharber to approve the November 12, 2002 meeting minutes as presented. All in favor. Motion carried unanimouslv. VIII. ADJOURNMENT Motion bv Commissioner Wilharber, secouded bv Commissioner DeVine to adiourn the December 3, 2002 Planning Commission meeting at 8;28 p.m. All in favor. Motion carried unanimously. Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial, Inc Page 10 of 10 , + < . STATE OF MINNESOTA COUNTY OF ANORA CITY OF CENTERVILLE ORDINANCE #72 AN ORDINANCE ESTABLISHING BY-LAWS/RULES FOR THE ORGANIZATION AND PROCEDURES OF ALL CITY COMMITTEE AND COMMISSIONS (This Ordinance Repeals Ordinance #37 (Establishing a Planning and Zoning Commission for the City of Centerville) & Ordinance #58 (Establishing an Economic Developmcnt Committec for the City of Ccnterville for the Purpose nf Promoting Economic Development in the City of Centerville) For the purpose of this document the telm Commission and Committee will be used interchangeably. Policy will refer to Commissioners and COlnmittee Members alike. The Council of the City of CenterviJle ordains: This Urdinance establishes a City Planning and Zoning Commission, Economic DeveloJ"'nent Committee lor the ]"""qJose of pronwting Economic Development and a Parks and Recreation Commi.1lee. The purpose of these committees is advisory and may make recommend<l,iol1S to the City Council for eonsidera' :on rcgardlllg matters relating to this committee. SECTION 1. AUTHORITY The Con1t'1ittee has tl,C authority to conduct invcstigations and to make reco'11mcnclalions, however may not make decisions on behalf of the Council. Committees are subject to the Sl'lle rules as the City CouDcil under the open meeting laws. Thc Council's final decision, however, and not the Cc,"mil1(;e's reeomme::dation, binds the City. The Committee may not enter into a contract, employ workers, or authorize expcndi Lures. SECTiON 2. ELIGIBILITY Any resident of the City of Centerville is eligible to apply as a Committee member. This individual is welcome to serve on one (1) Committee at a time. Additionally, the Economic Development Comn:ittee (EDC) make recommend to Council the appointment of business owners or principals to the commi:tee who are not residents but own businesses within the City. SECTION 3. APPOINTMENTS Each member of the Committee wil! be appointed by the City Council via a letter of interest submitted to the City Administrator. This letter will be received by the City Administrator no later than November 1 of each year. This same action will take ]Jlacc if . City of Centerville Ordinance #72 Effective: December 31, 2002 a vacancy should happen. On an annual basis the City Administrator would ascertain those who desire to remain on the Committee. Seven (7) members shall be appointed to each City Committee. SECTION 4. APPOINTMENTS OF OFFICERS At the first meeting of the year the Committee will appoint by majority vote a Chair a j a Vice Chair. SECTION 5. OFFICERS DUTIES The Chairperson shall preserve order, enforce the rules of procedure herein prescribed and determined without debate, subject to the final de';jsion of the Commission/Commission on appeal, all questions of prcedme and order. The Chairperson will also give leE!dership; siga reports, write cOlTespondence to be signed by either the City Administrator or the Mayor; cnmpile or assist in the preparation of the agenda as authorized by the Committee; and appoint task ferees as authorized by the City Council. The Vice Chairperson shall stipnort an.d assist the Chairperson; preside over the Committee meetings in the absence of 'he Chairperson; fill the 0"" 'e of the Chairperson if a vacancy should arise. Appeal: Any Committee Member may appeal a decision of the ':hai.. To do this, a Conunittcc Mernber :'tates, "'I appeal r"le decision of the cha],:>', imT-led~::ltely aftcl the chair announceo';le decision. (Reco,c"lilion from teC Chair is not necessary when making an appeal. The appeal must be seconded, is deLat",]e, "nd caDDot b',' amended. After f.; dccdte, the Ccnrnittee votes on the Chair's deci~)ion. r'\. m.ajority :)1' "yes" \" ,tes upho.;s the decision of J_:;(; Chair and a nl,-~.iority of" no" vote:-' OVCrn-llG the decision. A tie vc :-,::: sustains the mling. The Chair may vote to upheld his or LeI' own mling. If no cue appeals a Y111ing a~):<)on as the Chair nlake~) it, it becomes the ru.le ~f the Conunittcc. SECTION 6. MEETINGS 1. RJ~GULARMEETINCS Regular meetings of the Cor"'miltee shall be held on the same day of each caleadar month at same time, set by the Committee mJd approvGd by the Council. Any regulai meeting falling upon a holiday shall bc re-scheduled by the Committee for an alternative dat::, with enough, time to be properly noticed t the public. The City Clerk shall maimain a seheddc of regular meetings. This schedule shall be available for pub' insp,,~tion cur' ,g regular business ;'ClU,S at the City Clerk's office. All meetings, including special emergency meetings, shan be held at City Hallunle:;,; otherwise sp,,-ilicaJly noticed. 2. SPECIAL MEETINGS Any three (3) members of the CommiLee may call II special meeting of the Committee upon at least 24 hours written notice 1,.1 each member of the Page 2 of8 City of Centerville Ordinance #72 Effective; Dccember 31, 2002 Committee and City Clerk. This notice shall be delivered personally to each member, or left at the member's place of residence. Similar written notice shall be mailed at least three days prior to the meeting date to those who have requested notice of special meetings. This request must be in writing and filed with the City Clerk, designating an official address where notice may be mailed. Such request wili be valid for one (1) year. 3. EMERGENCY MEETINGS Any three (3) members of the Committee may call an emergency meeting of the Committee when circumstances require the immediate consideration of the Committee. Notice :nay be in writing personally delivered to Committee members or may be in the form of personal telephone communication. Notice must include the date, time place, and purpose of such a meeting. Where practical, the Clerk shall make an effort to contact news-gathering organizations that have filed a request to receive no(ce of special meetings. SECTION 7. PUBLIC NOTICE & OPEN \1EETTNG P1JBLIC NOTICE: The City Clerk must 10st written notice of the date, time, place, and purpose of the meeting on tile City Hall bulletin board. Notice of meetings must be posted at least three days hefore the date of the meeting. The City wid f,bJish public notice in the official newspaper, at least th"ee (!:iys before the meeting tor all specia' meetings: When the performance of :,;[1 act is ornercd within a 'j;xed period uf ':me", the time is computed as excluding the first day and including the last day of the prescribed Of "fixed time period", unless the last r' 'y falls on a Sat':.day, Sunday or legal holiday. For example, if a meeting is scheduled [or a Thursd<lY, notice has to be given 0:' Monday to lTleet the three-day notice provision. In this sccnario, Tuesday is day one, Wt.:dne:~(lay is ci:!y two, and Thursday is (: y thlee. Monday is not included in the time computation. Similarly, if a special meeting is planned for MOI1'!JY, notice must be given on Friday; Saturday :!nd Sunday arc included in ::le tin,c eompuLltioll since they arc not the last day of the fixed period. If the Committee meets where a quorum is in attendance, tbe City must make public notice. UPEN MKKl1NG LAW: Under tile Minnesota Open Meeting Law, ail City Commi.[ec meetings must be "pen to the public. The opcl1meeting law serves three vital purposes: 1. To prohibit actions from being taken at a secret me ling where the interested public cannot be' fuliy informed of the decisions of public bodies or detect improper influences; 2. To ensure the public's right to be informed; and 3. To give the public 3n opportunity to present its views. The law prohibits the use of telephone conversations, e-mail, or letters in a deeision- making process among a 'iClorum of members designed to avoid an open meeting. Any person who intentionally violates th", open meeting law is subject to personal liability in the form of a civil penalty up to $300 for a single occurrence. The public body may not pay the penalty. Page 3 0[8 L. City of Centerville Ordinance #72 Effective: December 31,2002 SECTION 8. MINUTES The Committee must keep a full and accurate record of its actions at every committee meeting. The City Clerk records the committee proceedings in a minute book. In the absence of the City Staff member to take the minutes, the Committee should delegate the duty oftaking minutes for that meeting. The minutes should be written in language and in terms the average citizen Ull,:erstands. If the Committee finds a mistake in the minutes of the previous meeting, the minutes will be corrected during the eUlTent meeting and reflected in the min cItes. Once the Committee has formally approved the minutes of any meeting, the minutes should not be eh31lged under any circumstances. ~1inutes "re official papers of the City. The Clerk wiII be responsible for signing t),',m and pOSllllg them to the City's web site. Minute books are public records and must be avai'ab1e fOe public view at any reasonable time. The following i Jormation should be included in the minutes: . The time and place of the meeting; . T'e members present; .' A summary of all decisions made by the Committee, inCluding a copy of each "lotion exactly as stated, whether or not the motion had a second and, if the rnation was second-'.d, whether cr 'lot the ConTn1iL~c adopte:~_ it, ar:o the narne': of the people who maDc (',nd secDrded thc_n1ctiJn; and, s The lla111CS of tbe :o~_}llTIi,:cc MelYtber 'vvho voLd either rJf (' against each mC'l. SECT101'T 9. 01tDER OF BUSINESS Each me,cling of the Committee shall C,Jl1vel1e at the time and place appointed. Commitlee busir ,ss shall be conducted in Le foilowing order: ] ' Call to Order 2, Approval of Agenda 3, Awards/Presentation,j A"pearances 4. Public Hearings 5. Committee Business 6 Consent Agenda 7, Approval of Committee Minutes 8. i'uillounceIlJ'nts/Updates l), Adjollmment Page 4 of8 City of Centervillc Ordinance #72 Effective: December 31, 2002 The order of business may be varied by the presiding officer, but all publie hearings shall be held at the time speeified in the notiee of the hearing. The Chair person/staff liaison shall prepare an agenda of business for each regular Committee meeting and file a copy in the office of the Clerk. The agenda shall be prepared in accordance with the order of business and eopies shall be delivered to each Committee member and to others as far in advance of the meeting as time for preparation will permit. No item of business shall be eonsidered unless it appears on the agenda for the meeting or is approved for addition to the agenda by a unanimous vote of the Committee present. The Chairperson/staff liaison shall see that at least one (1) copy of printed materials relating to agenda items is available to the public in the meeting room while the Committee considers their subject matter. The agenda item shall not be considercd unless this provision is complied with. This section does not apply tn those materials that arc classificd as other than public under the Minncsota Data Practices Act or materials from closed meetin,;s. SECTION 10. IVIOTIONS: The Committee transacts business through motions made by Committee Members. fhese 1110tions ano seconded, and sub.;cquently passed or rejected by Committee vote. The Committee Member states his or 11.:r motion. (Usually in the followi'lg fonn: "I move . . . text of the mot;on."). The Committee Member maklng a motion does not need to favor it or votc for it. The ('ommiltee Member mclY wish to pn! the issue beforc thc Committee so a decision can be made. \rwther Committee Member then seconds the motion hy saying: "I second the motion," The Chair recognizes the motion and opens tbe pending motion to discussion. The presiding officer calls for the vole at the end of the discussions and announces the result of the vote. MOTION TO RECONSIDER: This marion enables a Committee to set aside a vote it previously took, and to reconsider the mattt~r as tbougL it had not voted on the issue. Only a person who ori~',:nally voted on the prevailing side may move to reconsider. \1akc the motion by saying, "I move to rcc1"'lslder. . . stating the motion to be reconsidered. . .n The Committee may debate the motion. If t;JC Committee passes the motion to reconsider, it must then reconsider the original motion and take another vote. If the Committee defeats a motion to reconsider, no further action is necessary. MOTION TO POSTPONE INDEFINITELY: 111cre is an important difference between the motion to postpone indefinitely and the motion to postpone temporarily. The motion to postpone temporarily is more commonly c:;1led ,'i;lotion to "lay on the 1:\b1e" or "to table." '01e motion to postpone, Ilostponcs consideration of tl\0 motion until ::lame undetermined, future time. The Committee may consider a tabled l11otion whenever a majority of the members decide to do so. A motion to postpone indefinitely, however, is the equivalent to a negative vote on the main motion. Thus, the issul: can be ra;,cd again only by a motion made by someone on the prevailing side of the vote since, unless someone changes his or her mind, the motion to postpone wiIJ once again prevail. Page 5 0[8 City of Centerville Ordinance #72 EtIective: December 31, 2002 MOTION TO LIMIT DERATE: A Committee may limit debate by placing a time limit on debate, such as a limit of 3 minutes to consider a particular motion; or limiting the number of people who may speak for and against a certain motion, such as a limit of three speakers in favor and three speakers opposed. MOTION TO AMEND: Committee Members may offer amendments to a main motion at any time. In addition, it is possible to amend an amendment currently under consideration. Beyond this, Committee Members can offer no further amendments. 'When a member has made a motion to amend, the vote on the amendment must precede the vote on the original motion. After the Committee has accepted or rejected the amendment, another vote on the original motion is necessary. MOTION TO SUBSTITUTE: This is a motion to replace one motion with another on the same subject. A Committee Member may move to substitute a main motion or an amendment to a main motion. One form for making a substitute motion is to say, "I wish to introduce the following subslitute motion. . . present the substitute motion. . ." When a substitute motion is before tne Committee, the Committee must decide which of the two motions, the original motion or the substitute motion, to consider. The Committee must vote on the question. A "yes" vote favors considering the suhstitute motion. A "no" vote favors considering the original motion. The Committee must then discuss and vote on the selected motion. Sl<~CTION 11. QUORUM At all Committee meetings a majority of the appointed members shall constitute a quorum for the trm~saction of business, but a smaller number may adjoum from time to tin:~. SECTION 12. VOTING The voks of tl'~ members on any questions may be t2ken in Cir.y manner which signifies the intention of the in:"ividual members, and the vctescf the rq,mb(;rs on ar j action L\c shall be reconlecl in the minutes. Any mer ber Hmt is present but (,oes nDt vote, tl':, minutes as to that member's name, shall be recorded as an 2bstention. SECTION 13. COUNCIL LIAJSON The Conmittee may request from the Council a Liais( t, 'tHem! their meelings. COlmcil may elect to ap;Joint a Council Liaison to thc Committee. The liaison will act as a ccomunicator to and fmm the Council/Co,l1mittee. SECTION 14. RElVOV AL FROM COMMITTEE P ARTIClf'ATlON Any member of the Committee mayemovc thems"lves from participation 111 the Committee by " letter of resignation L cing submitter] to the City Administrator. Any member of the Committe'~ may he removed by Counci;. Page 60f8 City ofCenterville Ordinance #72 Effective: December:~ 1,2002 SECTION 15. ATTENDANCE Any member who fails to attend three (3) consecutive or [our (4) meetings in one (1) year will be removed by the City Council. SECTION 16. COMPENSATION All Committee members shall serve without compensation unless a stipend has been set by Council for meeting attendance and at the Council's pleasure. SECTION 17. BUDGET On or before the end of July, the Committee shall submit to Council a budget request for anticipated expenditures for the upcoming year. SECTION 18. EXPENDITURES The <:ommittee is not allowed to expend f,uds, order any items or eonfract with vcndms fm sCTviees. All requests will be forwarded to the City Adminisirator fo, Council aVToval and subsequent ordering by City Staff. The Fi. .\Ilee Director will subm; to tLe Committee if rcpOl't setting brth in detad if complete report of all expenditures inClined d uri ng the year. SECTION 19. RlcFERHAL AND REPORTS Any matter brought before the Committee Ic)]" considcration will be acted on promptly and forwarded to Council for consideration. SECTION 20. GUnS A Committee Member may not accept a gi fllI'om an interested person. An "interested person" is a )1erson 01' a representative or a 1erson or ;,.;sociation with a direct financial interest in a decision the ComliliUee is authorized to make. T':c' definition of an intereste(l person implies that city officials who arc authorized to make recommendations that could impact someone financially also cannot accept gills. Virtully every resident of the city and anyone doing business in 1i.e city .ould at some time have a direct financial interest in a decision or rec' :nmendation a city official is authorized to make and thus would qualify as an interested person; such as the issuing of a liee;\se or zoning ofa property or granting ofa land use permit. A "giLt" means money, real or personal property, it service, a loan, a forbearance or forgi veness of indebtedness, or a promise 0 C future em}Jloyment, that is given and received without the giver receiving consideration of eqmfl or greater value in return. The decision or recommendation a city official is authorized (0 make does not have to be pending or probable. If the city official is authorized to make that decision or recommendation, then a person who could at any time have a direct financial interest in Page 7 of8 City of Centerville Ordinance #72 Effective: December 31, 2002 that decision or recommendation is an interested person and any gift from that person is prohibited. SECTION 21. CONFLICT OF INTEREST A Committee Member may not have a direct or indirect personal, financial interest in any issue before the Committee where thc Committee has authority to make recommendations to the City Council. Such Committee Member must abstain from participating in the Committee discussion and from voting on these issues. Specific issues of conflict may include zoning, local improvements, issuance of licenses and permits, and contracts '0 be recommended to Council. SECTION 22. INCOMPATIBLE OFFICES If a Committec Member receivcs a certificate of election to the City Councilor Mayor's office, the individllal is considered I . have rcsigoed from the Committee. SECTION 23. AMENDMENT OF RULES The City of Centerviile reserves the right tc, change the provisions oFthese by-hws from time to time wdlOut nntiee. The~,e by-laws supersede all prior COTL:iittee by-law:;. Passed and adoicted bY:le ~~ity Council of the City of Cc:n(ervill~, Minnesota, thi.; 19th day oi'D ;ember, 2002. Attest: ......~~..) -~-_.._----- ...--- . City Clerk // ~/ '.' /;J ,,' !:-r-e:=-"';:~"-~ /1 __ 1'-1 /'-c (") ! Ii! . ~~ / "/; / t? / .;l J .~ /~Jd"'(..A..-/f 1'fayZ;---r------r ,J'!' Page 8 of8