HomeMy WebLinkAbout2005-09-06 P & Z Agenda
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PLANNING AND ZONING COMMISSION
MEETING AGENDA
TUESDAY, SEPTEMBER 6,2005
6:30 p.m.
L CALL TO ORDER
1. Roll Call
n. APPEARANCESIPRESENTATION(S)
m. PUBLIC HEARING (S)
1. Snowmobile Ordinance #17.A
N. OLD BUSINESS
1. Draft City Code - Zoning Ordinances
2. Continue Draft City Code/Ordinance Review
V. NEW BUSINESS
VL DISCUSSION ITEMS
vn. CONSIDERATION OF MINUTES
1. August 2, 2005 Planning and Zoning Meeting Minutes
vm. ADJOURNMENT
"
Effective: 4/24/91
City ofCenterville Ord. #17-A
STATE OF MINNESOTA
COUNlY OF ANOKA
CITY OF CENTERVILLE
ORDINANCE #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 ofthe City ofCenterville, Minnesota, does ordain:
SECTION 1. INTENT.
Operation on Streets and Highways - Operation of snowmobiles upon the roadway, shoulder, inside bank,
slope of any street or highway, ditch or on the outside bank within the right-of-way of any street or
highway is permitted in conformance with State Law and City Ordinance within the corporate iiIDits of the
City of Centerville.
SECTION 2. DEFINITIONS.
For the purposes of this Ordinance, terms defined herein shall have the meaning ascribed to them.
. Direct Crossing: A snowmobile may make a direct crossing of a street or highway
provided the following:
1. The crossing is made at an angle of approximately ninety (90) degrees to the
direction of the street or highway and at a place where no obstruction prevents a
quick and safe crossing.
2. The snowmobile is brought to a complete stop before crossing the shoulder or main
traveled way of the highway.
3. The driver yields the right-of-way to all oncoming traffic which constitutes an
immediate hazard.
4. In crossing a divided street or highway, the crossing is made only at an intersection
of such street or highway with another public street or highway.
5. If the crossing is made between the hours of one-half (1/2) hour after sunset to one-
half (1/2) hour before sunrise or in conditions of reduced visibility, only if both
front and rear lights are on.
Page 1 of5
.#
Effective: 4/24/91
City of Centerville Ord. #17-A
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 which constitute any immediate hazard.
. Operate: To ride in or on, and control the operation of a snowmobile.
. Operator: Every person who operates, or is in actual physical control of a snowmobile.
. Owner: A person, other than a lien holder having the property in or title to a snowmobile,
or entitled to the use or possession thereof and is responsible for damages unless the
snowmobile is stolen.
. Person: Ao individual, partnership, corporation, the state and its agencies and subdivision,
and any body of persons, whether incorporated or not. I
. Roadway: That portion of a highway or street improved, designed or ordinarily used for
vehicular travel.
. Snowmobile: A self propelled vehicle designed for travel on snow or ice, steered by skis
or runners.
. Street: A public thoroughfare, roadway, alley, or trail used for motor vehicular traffic
which is not an interstate, trunk, county-state aid, or county highway.
. Right-of-Way: The entire strip of land traversed by a highway or street in which the
public owns the fee or an easement for roadway purposes. .
. Deadman Throttle or Safety Throttle: A device which when pressure is removed from
the engine accelerator or throttle, caused the motor to be disengaged from the driving
mechanism.
SECTION 3. RESTRICTIONS.
It is unlawful for any person to enter, operate or stop a snowmobile within the limits of the City of
Centerville:
1. On the roadway of any street, except the most right hand lane then available for traffic or as
close as practicable to right hand curb or edge of the roadway, except when overtaking and
passing another vehicle stopped in the lane or proceeding in the same direction, or in
making a left turn. Snowmobiles are also prohibited upon the inside slope and roadway of
any trunk, county-state aid and county highways where such highways are so configured
within the corporate limits.
2. On a public sidewalk provided for pedestrian travel.
3. On boulevards within any public right-of-way.
4. On private property of another without specific permission of the owner or person in
control of said property.
5. Upon any school grounds, except as permission is expressly obtained from responsible
school authorities.
Page 2 of5
Effective: 4/24/91
City ofCenterville Ord. #17-A
6. On public property, playgrounds and recreation areas, except areas previously listed or
authorized for such use by the Park Board, in which case such use shall be lawful, and
snowmobiles may be driven in and out of such areas by the shortest route. Authorized
areas in the City of Centerville shall be designated by resolution of the Park Board and
approved by the City Council.
7. On streets as permitted by this ordinance at a speed exceeding ten (10) miles per hour.
8. During the hours of 10:00 p.m. to 7:00 a.m., Sunday through Thursday, and 12:00 p.m. to
8:00 a.m., Friday and Saturday. This provision is not intended to prohibit snowmobiles
from operating on City streets during the hours specified herein. Nor shall it prohibit the
operator of a snowmobile from entering or leaving the City of Centerville during the above
hours, providing that the operator of a snowmobile utilized the most direct route of travel to
and from the operator's residence or destination.
9. Within two hundred (200) feet of church property during the hours of church services, and
during the hours of other church functions. This provision is not intended to prohibit
snowmobiles from operating on City street adjacent to church property during the hours
specified herein.
10. At any place, while under the influence ofintoxicating liquor or drugs.
11. At any place in a careless, reckless or negligent manner so as to endanger the person or
property of another or to cause injury or damage thereto.
12. The owner shall be held responsible for violations to this ordinance regardless if the owner
is operating the snowmobile or not.
SECTION 4. TRAFFIC ORDINANCES.
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 5. TRAFFIC YIELDING.
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(S) UNDER 18.
1. 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
Page 3 of5
Effective: 4/24/91
City of Centerville Ord. # 17-A
pennitted in conformance with state law, or a valid motor vehicle operators license issued
by the Commissioner of Public Safety or the drivers license authority of another state.
2. It is unlawful for the owner of a snowmobile to permit the snowmobile to be operated
contrary to the provision of this section.
SECTION 7. SURROUNDINGS.
It is unlawful for any person to operate a snowmobile within the limits of the City ofCenterville:
I. 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 tow bar.
2. Within one hundred (100) feet of any fisherman, pedestrian, skating rink or sliding area
where the operation, would conflict with use or endanger other persons or operation in
those areas at a speed greater than reasonable and prudent.
SECTION 8. MACHINE REQUIREMENTS.
It is unlawful for any person to operate a snowmobile anyplace within the limits of the City ofCenterville
unless it is equipped with the following:
1. Brakes adequate to control the movement of, and to stop and hold, the snowmobile under
any condition of operation.
2. A safety or so called "deadman" throttle in use and in operating condition.
3. When operated between the hours of one half hour after sunset, to one half hour before
sunrise, or at times of reduced visibility, at least one clear lamp attached to the front, with
sufficient intensity to reveal persons and vehicles at a distance of at least one hundred (100)
feet ahead during the hours of darkness under normal atmospheric conditions. Such head
lamp shall be so aimed that glaring rays are not projected into the eyes of an oncoming
snowmobile operator. It shall also be equipped with at least one (1) red to exhibit a red rear
light plainly visible from a distance of five hundred (500) feet to the rear during hours of
darkness under normal atmospheric conditions.
4. Reflective material at least sixteen (16) square inches on each side, forward of the
handlebars, so as to reflect lights at a ninety degree (90") angle.
SECTION 9. IGNITION.
Every person leaving a snowmobile on a public place shall lock the ignition, remove the key and take the
key with him/her.
SECTION 10. PENALTIES.
Any person who owns or is operating a snowmobile that violates, disobeys, omits, neglects or refuses to
comply with the provisions of this Ordinance shall be guilty of a misdemeanor and upon conviction shall
be punished as defined by State Statute.
Page 4 of 5
Effective: 4/24/91
City ofCenterville Ord. #17-A
SECTION II. SEVERABILITY.
Should any section, subdivision, clause or other provision of this Ordinance be held to be invalid by a
court of competent 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 the City Council this 24th day of Apri~ 1991.
(Signature on File)
Mayor, George Haberman
ATTEST:
(Signature on File)
Clerk! Administrator, Tamara M. Mitz-Miller
Published in the Quad Community Press on May 28, 1991.
Page 5 of5
1- .. _
Effective: 8/9/95
City of Centerville Ord. #60
STATE OF MINNESOTA
COUNTYOFANOKA
CITY OF CENTERVILLE
ORDINANCE #60
AN ORDINANCE GOVERNING THE CONSTRUCTION, INSTALLATION, OPERATION,
REP A1R, MAINTENANCE, REMOVAL, AND RELOCATION OF FACILITIES AND EQUIP:MENT
USED FOR THE TRANSMISSION OF TELECOMMUNICATIONS OR RELATED SERVICES IN
THE PUBLIC GROUND OF THE CITY OF CENTERVILLE.
The City Council of the City of Centerville, Minnesota, does ordain:
SECTION 1. DEFINITIONS.
. Company: A natural or corporate person, business association or other business entity
including partnerships and sole proprietorships, political subdivision, public or private
agency of any kind, its successors and assigns, who or which seeks to, or is required to
construct, install, operate, repair, maintain, remove or relocate Facilities in the City.
. Director: The Director ofPubllc Works (or equivalent position at the City).
. Facilities: Communications lines or equipment of any kind, including, but not limited to,
lines or equipment for the transmission of audio, video, or data, or other similar
communications service including all trunks, lines cables, wires, optical fivers or other
fiber optic cables, laser equipment, circuits, physical connections, switching equi8pment,
wireless communication equipment of all kinds, towers, and any necessary appurtenances
owned, leased or operated by a Company on, over, in under, across or along any Public
Ground.
. Public Ground: The surface of; and the space above and below highways, roads, streets,
alleys, sidewalks, skyways, utilities easements and public easements in the City.
SECTION 2. PERMIT PROCEDURE.
Subdivision 1. Permit Required: A Company may not construct, install, repair, remove or
relocate Facilities, or any part thereof; or otherwise open or disrupt any Public Ground without
first obtaining a permit from the City. The City shaIl require a separate permit of a Company for
each location where construction, installation, or disturbance of the Public Ground is to occur, or
for each convenient SJlbdivision of construction, installation or other related work for which the
City determines in its sole discretion a permit is required. Each permit shall state specifically the
locations of any Facilities, and the nature of the work necessitating the permit, and shall contain
reasonable regulations and conditions to protect the health, safety and welfare of the populace of
the City.
Subdivision 2. Application. Application for a permit is made to the Director. A Company shall
apply for a permit or renewal of a permit a minimum of two (2) weeks before starting work and
Page 1 of5
Effective: 8/9/95
City of Centerville Ord. #60
must submit detailed plans for street or sidewalk use and pedestrian safety .on major projects.
This provision or portions thereof may be waived by the City in the event of an emergency.
Upon application by a Company for a permit authorizing construction, installation, repair,
removal, or relocation of Facilities, or other disturbance of Public Ground, the City may deny or .
approve such application. Denial of a permit shall be accompanied by a written statement of the
reasons fur such denial. Denial of a permit shall be appealable to the City Council which shall
issue detailed findings in the event such denial is sustained. An appeal of denial shall be heard at
the first regularly scheduled Council meeting and any findings issued within thirty (30) days of
such meeting.
Subdivision 3. Issuance of Permit. If the director determines that the applicant has satisfied the
requirements of this ordinance the Director may issue a permit to the Company.
Subdivision 4. Permit Fee. A Company shall make a one-time permit fee payment for each
permit requested in an amount determined by the city. The permit fee shall include an application
fee for administrative costs, plus an additional amount to be computed according to the amount
to be computed according to the amount of Public Ground occupied computed on a per foot basis
plus an incremental increase for the volume occupied, and the duration of the permit. The City
shall establish a table of permit fees, which table shall be subject to approval by the City Council
and a copy of which shall be maintained in the Office of City Clerk. The table of fees shall be
amended annually and may be amended at other times as deemed necessary by the City.
The permit fee shall be determined so as to fu1Iy reimburse the City fur all costs incurred as a
result of the construction, installation or other work approved by a permit, including by not
limited to the costs for arlministrative processing of the application, engineering, inspection, and
for any costs incurred in returning the Public Ground to its original condition. Should the
construction, installation or other work approved by the permit decrease the useful life or value
of the Public Ground, or should the same not be returnable to its original condition, the City may
recover such decreased value, damage, cost or fees in addition to the permit fee which may be
applicable from the table of permit fees.
Subdivision 5. Term. The maximum period allowed for a permit shall be three (3) months.
Construction, installation or other opening, disturbance, or obstruction of Public Ground beyond
the period covered by each permit will require obtaining a new permit with payment of
applicable fees and application for such permit shall be subject to the same review as the original
permit application.
Subdivision 6. Security for Comoletion of Work. Prior to commencement of work, the
Company must deposit with the City security in the form of certified check, letter of credit, or
construction bond, in a sufficient amount as determined by the Director for the completion of the
work. The security will be held until the work is completed plus a period of three (3) months
thereafter to guarantee that restoration work has been satisfactorily completed. The security will
then be returned to the Company with interest if held for a sufficient length of time to be required
by law and then interest at the applicable statutory rate.
Page 2 of5
Effective: 8/9/95
City of Centerville Ord. #60
Subdivision 7. Inspection of Work. When the work is complete, the Company must request an
inspection by the Director. The Director will determine if the work bas been satisfactorily
completed and provide the Company with a written report of the inspection and approval.
Subdivision 8. Permit to be Displayed. Permits shall be available at all times for ease of
inspection on the indicated work site or at a site mutually agreed upon by City and Company.
Subdivision 9. Penalty. Failure to secure required permits prior to beginning construction,
excavation, installation, or work of any kind in Public Ground shall constitute a misdemeanor
under this Ordinance in addition to City's rights to order and enforce cessation of construction.
SECTION 3. RESTORATION AND RELOCATION.
Subdivision 1. Restoration. Upon completion of the work contemplated by a permit, the
Company must restore the general area of the work, including the pavement and its foundations,
to the same or better condition than existed prior to commencement of the work necessitating a
permit. The work must be completed as promptly as weather permits. If the Company does not
promptly perform and complete the word, remove all dirt, rubbish, equipment and material, and
restore the Public Ground to the same condition, the City may put it in the same condition at the
expense of the Company. The Company must, upon demand, pay to the City the direct and
indirect cost of the work done for or performed by the City, including, but not limited to, the
City's administrative costs.
To recover its costs, the City will first draw on the security posted by the Company and then
recover the baJance of the costs incurred from the Company directly by written demand. This
remedy is in addition to any other remedies available to the City.
Subdivision 2. Company Initiated Relocation. The Company must give the City written notice
prior to a Company initiated relocation of Facilities. A Company initiated relocation must be at
the Company's expense and must be approved by the City, such approval shall not be
unreasonably withheld.
Subdivision 3. City Reauired Relocation. The Company must promptly, with due regard for
seasonal working conditions, permanently relocate its Facilities whenever thc City in writing
requires such relocation. If the relocation is a result of the proper exercise of the City's police
power in grading, regarding, changing the location or shape of or otherwise improving Public
Ground or constructing a public service or utility system therein, the relocation will be at the
expense of the Company. In other cases, the Company and City may by written agreement
apportion the costs of relocation between them If such relocation is done without an agreement
first being made as to who is to pay the relocation cost, the relocation is done without an
agreement first being made as to who is to pay the relocation cost, the relocation of the Facilities
shall be at the expense of the Company. If the Company claims reimbursement fort he relocation
costs, it must notny the city in its permit application.
Subdivision 4. Relocation Where Public Ground Vacated. The vacation of Public Ground does
not deprive the Company of the right to operate and maintain its Facilities in the City. If the
Page 3 of5
Effective: 8/9/95
City ofCenterville Ord. #60
vacation proceedings are initiated by the City, the City must pay the relocation costs. If the
vacation proceedings are initiated by the Company, the Company must pay the relocation cost.
If the vacation proceedings are initiated by other persons, the Company must pay the relocation
costs unless otherwise agreed to by City, Company and the other persons.
SECTION 4. COMPANY DEFAULT.
Subdivision 1. Notice. If the Company is in default in the performance of the work authorized
by the permit, including, but not limited to, restoration requirements for more than 30 days after
receiving written notice form the City of the default, the City may terminate the rights of the
Company under the permit, subject to City's absolute right to revoke at any time in the exercise
of City's police powers. The notice of default is claimed and state the grounds ofthe claim. The
notice must be served on the Company by personally delivering it to an officer thereof at its
principal place of business in Minnesota or by certified mail to that address.
Subdivision 2. City Action on Default. If the Company is in default in the performance of the
work authorized by the permit, the City may, after the above notice to the Company and failure
of the Company to cure the default, take such action as may be reasonably be necessary to abate
the condition caused by the default. The Company must reimburse the City for the City's
reasonable costs, including costs of collection and attorney fees incurred as a result of the
Company default. The security posted under Section 2, Subdivision 6, will be applied by the
City first toward payment for such reImbursement. In the case of an emergency, as determined
by the City, the City may cure without notice and the Company must reimburse City for all
reasonable costs.
SECTION 5. OTHER CONDITIONS OF USE.
Subdivision 1. Use of Public Ground. Facilities must be located, constructed, installed,
maintained or relocated so as not to endanger or unnecessarily interfere with the usual and
customary traffic, travel, and use of Public Ground. The Facilities are su~ect to additional
conditions of the permit as established therein, including, but not limited to, (i) the right of
inspection by the City at reasonable times and places; (ii) the obligation to relocate the Facilities
pursuant to Section 3, Subdivisions 3 and 4; and (iii) compliance with all applicable regulations
imposed by the Minnesota Public Utilities Commission and other state and federal law.
Subdivision 2. Location. The Facilities must be placed in a location and in such manner as is
designed by the City. The City may designate whether Facilities shall be placed above ground or
in subsurface conduits.
Subdivision 3. Emergency Work. A Company may open and disturb the surface of Public
Ground without permit where an emergency exists requiring the immediate repair of its
Facilities. In such event, the Company must request a permit not later than the second working
day thereafter and comply with the application conditions of the permit.
Subdivision 4. Street Improvements. Paving or Resurfacing. The City will give the Company
written notice of plans for street improvements where permanent paving or resurfacing is
Page 4 of5
Effective: 8/9/95
City of Centerville Ord. #60
involved. The notice must contain (i) the nature and character of the improvements; (ii) the
streets upon which the improvements are to be made; (ill) the extent of the improvements, the
time when the City will start the work; and (iv) ifmore than one street is involved, the sequence
in which the work is to proceed.
Subdivision 5. Company Protection of Facilities. A Company must take all reasonable measures
to prevent its Facilities from causing damage to persons or property. A company must take all
reasonable measures to protect its Facilities from damage that could be inflicted on the Facilities
by persons, property, or the elements. The Company must take all reasonable protective
measures when the City perfurms work near the Facilities.
Subdivision 6. Guarding of Obstruction or Dangers. If a Company shall obstruct any Public
Ground, such Company shall keep such obstruction or obstructions properly guarded at all times.
From sunset to sunrise, all obstructions must be guarded by a sufficient number of warning lights
placed in such manner that they will give proper warning of said obstruction. . The City may
require any other restrictions or safety regulations as may be in the public interest.
Subdivision 7. Prior Service Connections. In cases where streets are at final width and grade
and the city bas installed underground sewer and water mains or other utilities and service
connections to the property line abutting the streets prior to a permanent paving or resurfacing of
the streets, and the Facilities are located under such street, a Company may be required to install
service connections prior to the paving or resurfucing, if it is apparent Vmt service will be
required during the five year period following the paving or resurfacing.
SECTION 6. EFFECTIVE DATE AND APPLICABILITY TO EXISTING FACILITIES.
The Director is authorized and directed to prepare suitable regulations and schedules for the
administration of permits issued under this ordinance.
Adopted by the City Council this 9th day of August, 1995.
ATTEST:
(Signature on File)
Tom Wilharber, Mayor
(Si!?r"'ture on File)
Roger Winberg, Clerk/Administrator
Page 5 of5
CITY OF CENTERVlLLE
ORDINANCE 62
AN ORDINANCE AMENDING CENTERVlLLE ORDINANCE 4D, SECTION 4,
SUBDIVISION A6, PERTAINING TO ELECTRICAL CODE
The City Council of the City ofCenterville, Anoka County, Minnesota does hereby adopts
the Minnesota State Building Code and adds the following:
Section 1. Electrical Inspector. The position of electrical inspector is hereby
established. The person chosen to fill this position shall hold a license as a master or
journeyman electrician under Minnesota Statutes, Section 326.242, Subdivision 1 or 2.
The Minnesota Electrical Act is adopted by this ordinance. The electrical inspector shall
be appointed by the City Council and make electrical inspections required by the
Minnesota Electrical Act.
Section 2.
Electrical Pennits.
A. No electrical installation in any construction, remodeling, replacement or
repair, except minor repair work, as defined in Chapter 3800.3500, Subp. 10 of the
Minnesota Rules, shall be made without first securing a permit therefor.
B. Permit shall be granted to properly licensed electrical contractors who are
registered and bonded by the State of Minnesota or to a company or institution employing
a class A master electrician currently licensed by the State Board of Electricity and having
on file with the State Board of Electricity and the City of Centerville, a confirmation
notice announcing the master of record. (The company/institution employment permit
allows wiring in accordance with the Minnesota Electrical Act only on property owned
and/or leased and operated by the company/institution.) Permits may be granted to a bona
fide owner of single family residential property, who itltends to conduct such work on
hislher property and who occupies or intends to occupy the property. If the owner
exhibits inability to properly install the electrical wiring in accordance with the National
Electrical Code, hislher permit must be canceled and an electrical contractor must permit
and complete the installation. The unused portion of the owners permit fee will be
refunded.
C. Any violation of this article, including a failure to file a permit when
required, shall be a misdemeanor violation subject to all the penal provisions of this Code
and the State Electrical Act. Any person who shall commence work of any kind for which
a permit is required under the provisions of this Code without first having received the
necessary permit therefor shall, when subsequently receiving such permit, be required to
pay double the fees provided in this article.
Section 3. Effective Date This ordinance shall be in full force and effect immediately
from the passage and publication.
Passed by the City Council of the City ofCenterville this 21.:, dayof Ju...<.lC
,1996.
.
C-/~ CZu~
Tom Wilharber, Mayor
ATTEST:
~~~
Trudi Breuninger, City Clerk
CITY OF CENTERVll.LE
ORDINANCE NO. 64
An Addition to CenterviJle City Code, Section 306.
Pawnbrokers and Secondhand Goods Dealers.
The City Council of the City ofCenterville does hereby ordain:
Section 1. The City Council of Centerville hereby adding Section 64-306, Pawnbrokers and
Secondhand Goods Dealers, to the City Code,
Section - Pawnbrokers and Secondhand Goods Dealers
306.01
Definitions. As used in this section, the following terms are defined as follows:
-
Subd. 1. Pawnbroker. A person engaged in whole or in part in the business of
lending money on the security of pledged goods left in pawn, or in the business of
purchasing tangible personal property to be left in pawn on the condition that it may be
redeemed or repurchased by the seller for a fixed price within a fixed period of time,
Subd. 2. Secondhand Goods Dealer. A person engaged in the business of buying
or selling secondhand goods of any kind (excluding motor vehicles), but not including
used goods and merchandise taken as part or full payment for new goods and
merchandise.
Subd. 3. Pawn Shop. The location at which or premises in which a pawnbroker
regularly conducts business,
Subd.4. Pawn Transaction. Any loan on the security of pledged goods or any
purchase of pledged goods on the condition that the pledged goods are left with the
pawnbroker and may be redeemed or repurchased by the seller for a fixed price within
a fixed period oftime.
Subd. 5, Person. An individual, partnership, corporatiqn, limited liability company,
joint venture, trust, association, or any other legal entity, however organized.
Subd 6. Pledged Goods. Tangible personal property other than chooses in action,
securities, bank drafts, or printed evidence of indebtedness, that are purchased by,
deposited with, or otherwise actually delivered into the possession of a pawnbroker in
connection with a pawn transaction.
306.02
License Required. No person shall exercise, carry-on, or be engaged in the trade
, '
or business of a; pawnbroker, precious metal dealer or Class A or Class B secondhand goods
dealer within the City unless such person is currently licensed as provided in this chapter. A
license shall be issued by the City Council for one year beginning on the date of the license. A
single license may be issued to a corporation, limited liability company or partnership covering all
of its employees or agents; provided, however, that the information required by Section 306.06 is
provided for an individual. who will act as a pawnbroker or secondhand goods dealer. The City
shall issue one license and the license shall be reviewed annually.
306.03 Exem.ptions. Pawnbrokers and secondhand goods dealers shall not apply to or
include the following:
Subd. 1.
The sale of secondhand goods where all of the following are present:
a. T,he sale is held on property occupied as a dwelling by the seller,
or owned, rented, or leased by a charitable or political
organization.
b. That no sale exceeds a period of72 consecutive hours.
c. The items offered for sale are owned by the occupant.
d. No more than four (4) sales are held in any twelve (12) month
period.
e. None of the items offered for sale have been purchased for resale
or received on consignment for purpose of resale.
Subd. 2. The sale of secondhand books, or magazines, sport trading cards, sound
or video recordings, or films.
Subd. 3.
The sale of goods at an auction held by a licensed auctioneer.
Subd. 4.
Sales by a person licensed as a motor vehicle dealer.
Subd. 5. A bulk sale of property from a merchant, manufacturer or wholesaler
having an established place of business or of goods sold at oRen sale from bankrupt
I
stock.
Subd. 6.
Goods at a public or farmer's market.
Subd. 7. Goods sold at an exhibition, providing the exhibition does not last longer
than ten (10) days in any twelve (12) month period.
2
5ubd. 8. The sale of furniture, clothing and related accessories.
5ubd. 9. Sales made by the sheriff or other public officials in the discharge of their
official duties.
Subd. 10. Sales made by assignees or receivers appointed in the state to make sales
for the benefit of creditors.
Subd. 11. Any bank regulated by the State of Minnesota, the comptroller of the
currency of the United States, the Federal Deposit Insurance Corporation, the board of
20vernors of the Federal Reserve System or any other federal or state authority and their
affiliates; any bank or savings association whose deposits or accounts are eligible for
insurance by the Federal Deposit Insurance Corporation, or any successor to it, and all
affiliates of those banks and savings associations: any state or federally chartered credit
union; and any industrial loan and thrift company or regulated lender subject to licensing
and regulation by the department of commerce.
30604
License Fee.
Subd. ]. Pawnbroker. The annual fee for such license shall be establish, by
resolution, annual license fee shall be paid prior to issuance of license.
Subd. 2. Secondhand Goods Dealer. The annual fee for such license shall be
established, by resolution, annual license fee shall be paid prior to issuance oflicense.
Subd. 3. Investig;ation Fee. In addition to the annual fee, the City Council may
. establish, by resolution, an investigation fee to be paid upon initial application and upon
any change in ownership. Change in ownership shall include, in the case of a partnership,
a change in identity of any partner and in the case of a corporation, a change in ownership
of more than five percent (5%) of shares.
306.05 Application. No person shaH exercise, carry-on, or be engaged in the trade or
bL:siness of pawnbroker, precious metal dealer or Class A or Class B secondhand goods dealer
within the City unless such person is currently licensed as provided in this chapter,
Subd. 1. Contents. A license applicant must complete an application form provided
by the City. The application must be in a form and request information of the applicant
as determined by the City Council. In addition to any information which may be required
by the City Council, the application shaH contain the following information:
a. The name, permanent address and telephone number of the
applicant and of aH persons who will be acting on behalf of the
applicant in the City.
^
"
b, Whether applicant has ever used or been known by a name other
than his/her true name and, if so, what was such name or names,
and information concerning dates and places where used,
c, The type of business and a written description of the nature of the
business and the goods or services to be sold or solicited,
d, The length of time for which the right to do business is desired
and a description of the hours the applicant desires to do business,
e, The name of the business if it is to be conducted under a
designation, name or style other than the full individual name of
the applicant.
f Kind, name and location of every business or occupation applicant
has been engaged in during the preceding five (5) years,
g, Names and addresses of applicant's employers and partners, if any,
for the preceding five (5) years.
h. Whether applicant has ever been convicted of a felony, gross
Misdemeanor or misdemeanor, including traffic violations, and if
so, the date and place of conviction and the nature of the offense.
I. At least four (4) character references from residents of the State of
Minnesota. ,,-
J. Furnish any other information the City deems necessary
Subd, 2. Execution. If the applicant is a natural person, the application must be
signed and sworn to by the person; if a corporation, by an agent authorized to sign, if
a partnership, by a partner.
Subd. 3, Fee. The application must be accompanied by the required license fee and
the established fee for investigation. The annual license fee, but not the investigation fee,
will be returned to the applicant ifthe application is rejected or denied,
Subd. 4. False Statements. It is unlawful to knowingly make a false statement in
the license application. In addition to all other penalties, the license may be denied or
subsequently revoked by the City Council for a violation of this section.
306,06 Bond, A pawnbroker or secondhand goods dealer license will not be issued unless
the applicant files with the City a bond with corporate surety, cash, or a United States government
4
bond in the amount of Five Thousand Dollars ($5,000.00) for a secondhand goods dealer liCense.
The bond must be conditioned on the licensee obeying the laws and ordinances governing the
licensed business and paying all fees, taxes, penalties and other charges associated with the
business. The bond must provide that it is forfeited to the City upon a violation oflaw or
ordinance.
306.07 Site Plan. The application for a pawnbroker or secondhand goods dealer license
.must be accompanied by a site plan drawn to scale. The site plan must contain:
Subd. 1. A legal description of the property upon which the proposed licensed
premises is situated.
Subd. 2.
A plot plan.
Subd. 3. The exact location of the licensed premises on the property, customer and
employee parking areas, accesses onto the property, and entrance into the premises.
Subd. 4.
residence.
The location of and distance from the nearest church, school, hospital and
Subd 5.
A floor plan of the licensed premises.
Subd. 6.
Must comply with Ordinance #4.
30608
Investigations.
Subd. 1. Preliminary Investigation. The City, prior to the granting of an initial or
renewed pawnbroker or secondhand goods dealer license, must conduct a preliminary
background and financial investigation of the applicant. Any person having a beneficial
interest in the license must be investigated. The investigation shall be conducted by the
Chief of Police and the results reported to the City Council. The Chief of Police or
hislher designee must verify the facts stated in the application, and must report all
convicted violation of any state laws, federal laws, or municipal ordinances invohing
the applicant, interested persons, or the licensed premises while under the applicant's
proprietorship. '
Subd. 2. Fee. The fee charged by the City to an applicant for the cost of
investigation is established by the City Council. At the time of each original application
for a license, the applicant( s) shall each pay a minimum investigation fee as set by the
Council from time to time. This investigation fee shall not be subject to refund. If the
expenses ofthe investigation fee which the City deems necessary to complete the City's
investigation of the appliCant(s). The applicant(s) shall pay such an additional
investigation fee within a five (5) day period, or the City shall discontinue consideration
5
of the application. Non-payment of any additional investigation fees required shall be
grounds for denial of application.
306.09 Public Hearing. A pawnbroker or secondhand goods dealer license will not be
issued or renewed without a public hearing. Any person having an interest in or who will be
affected by the proposed license will be permitted to testifY at the hearing. The public hearing
must be preceded by at least ten (10) days' published notice specifying the location of the
proposed licensed business premises.
306.] 0 Persons Ineligible for License. A pawnbroker or secondhand goods dealer license
will not be issued to:
Subd. I
A person under 18 years of age.
Subd. 2, A person not a citizen of the United States or a resident alien, or upon
whom it is impractical to conduct a background and financial investigation due to the
unavailability of information.
Subd. 3. A person who has been convicted of any state or federal Jaw relating to
receiving stolen property, sale of stolen property or controlled substance, burglary,
robbery, theft, damage or trespass to property, operation ofa business, crimes of violence
or any law or ordinance regulating the business of pawnbroker, secondhand goods dealers
or precious metal dealers or any other conviction relating in a sentence of one year or
greater.
Subd. 4.
A person who is not of good moral character or repute.
Subd. 5. When the City Council determines, after investigation and public hearing
that issuance or renewal of the license would adversely affect the public health, safety, or
welfare.
Subd. 6.
A person who holds an intoxication liquor license under City Ordinance.
Subd. 7. A person who within the preceding five (5) years of the license application
date had a pawnbroker or secondhand goods dealer license revoked.
I
306.11 Places Ineligible for License A license will not be issued or renewed under this
section for any place or for any business:
Subd. I If taxes, assessments or other financial claims ofthe City or the State of
Minnesota on the licensee's business premises are delinquent and unpaid.
Subd. 2.
During the term of this Ordinance, no Pawn Shop Business shall be
6
located less than 500 feet from any residential zoning district boundary or site used
for residential purposes, and less than 500 feet from any church site, from any school site,
from any day care facility, or from any park which is adjacent to property zoned
residential. For purposes of this Ordinance, this distance shall be a horizontal
measurement from the nearest existing residential district boundary or site used for
residential purposes, church site, school site, day care site, or a park site to the nearest
boundary ofthe proposed Pawn Shop Business site.
Subd. 3.
iNhere operation of a licensed premises would violate zoning ordinances
Subd.4. Where the applicant's present license was issued conditioned upon the
applicant making specific improvements to the licensed premises or the property of the
licensed premises which improvements have not been completed.
306.12 Conditional Licenses. The Council may grant an application for a new or
renewed pawnbroker or secondhand goods dealer license conditioned upon the applicant making
reasonable improvements to the proposed business premises or the property upon which the
business premises is situated. The Council, in granting a conditional license, will specifY when
the modifications must be completed. Failure to comply with the conditions of the license is
grounds for the City Council to refuse to renew the license.
306. 13 Death of Licensee In the case of the death of a licensee, the personal
representative of the licensee may continue operation of the business for not more than 90 days
aner the licensee's death. Continuation after 90 days requires completion of a new application
pf.Jcess.
306.14 Records Required. Each licensee shall keep a record of each transaction made
in the course of their business. The licensee shall deliver a true and correct copy of each
transaction to the Chief of Police or his/her designee according to a time table established by the
Chief of Police. The licensee shall immediately and legibly record in English the follo\ving
information by using ink or other indelible medium on forms or in computerized record
E?::'i0ved ty the City:
Subd. 1. The full name, address, telephone number, and date of birth of the person
from whom the item was received
Subd. 2.
The time and date of transaction.
Subd. 3. A complete description of the item pledged or sold, including, but not
limited to, any trademark, identification number, model number, brand name, or other
identifying marks, and the purchase price
Subd. 4. A physical description of the person pa\Vlling or selling the item including:
r2.~e, sex, height, weight, color of eyes. color of hair
7
Subd. 5.
The amount of money paid or advanced for the item.
Subd. 6.
The photograph and signature of the person pledging or selling the item.
Subd. 7. The identification number from any of the foJJowing forms of identification
of the seller: valid drivers license containing a picture, Minnesota identification card,
picture identification issued by the state of residency of the person from whom the item
was received.
Subd. 8.
reqUlre.
Any other information the Chief of Police or hislher designee shall
306.]5
Printed Pawn Ticket The following shaJJ be printed on all pawn tickets:
Subd. 1. The statement that "Any personal property pledged to a pawnbroker within
this state is subject to a sale or disposal when there has been no payment made on the.
account for a period of not less than sixty (60) days past the date of the paWn transaction,
renewal, or extension; no further notice is necessary. There is no obligation for the
pledge to redeem pledged goods"
Subd. 2. The statement that "The pledgor of this item attests that it is not stolen, it
has no liens or encumbrances against it, and the pledgor has the right to sell or pawn the
item."
Subd.3. The statement that "This item is redeemable only by the pledgor to whom
the receipt was issued, or any person identified in a written and notarized authorization
to redeem the property identified in the receipt, or a person identified in writing by the
pledgor at the time of the initial transaction and signed by the pledgor. Written
authorization for release of property to persons other than the original pledgor must be
maintained along with the original transaction record."
Subd. 4.
A blank line for the pledgor's signahlre.
3-.:'6 16 Stolen Goods. A licensed pawnbroker or secondhand goods dealer must report
iJTIJllediately to the police any article pledged or received, or sought to be pledged or received, if
the licensee has reason to believe that the article was stolen or lost. If any goods, articles or
things shall be advertised in any public newspaper of the City as having been lost or stolen, and
sue" goods, articles or things shall then come into the possession of any licensee, a
supplemental report wi]] go into the licensee's daily report for that day to the designated Chief of
Police or his/her designee, giving information in writing that certain goods, articles or things
advertised are in said licensee's possession, and shall not dispose of the same except upon written
authoriry to do so from the Chief of Police or his/her designee. The Police Chief or his/her
desi~nee shall have the authority to immediately seize any stolen property.
306.17 Holding. An item received by a secondhand goods dealer or pawnbroker, for
which a report to the police is required, may not be sold or otherwise transferred for a period
of thirty (30) days after the date of such report to the police. However, an individual may
redeem an item pawned seventy-two (72) hours after the item was received on deposit, excluding
Sundays and legal holidays.
306.18 Receipt. A licensed secondhand goods dealer or pawnbroker must provide a
receipt to the seller or pledgor of any items which includes: name, address, phone number of
the business, the date, description of the item purchased and the purchaser's signature.
306.19 Police Orders. lfthe City police officer notifies a dealer not to sell an item,
the item may not be sold or removed from the licensed premises until authorized to be released
by the police.
306.20 Weapons. A licensed pawnbroker or secondhand goods dealer may not receive
as a pledge or otherwise accept for consignment or sale any revolver, pistol, sawed-off shotgun,
automatic rifle, blackjack, switchblade knife, throwing stars, numb chucks, Marshall art weapons
or other similar weapons or firearms.
306.21 Hours of Operation. No property shall be received as a pledge or purchase by any
pawnbroker or secondhand goods dealer, nor shall any property be sold by a pawnbroker or
secondhand goods dealer from 9:00 p.m. Saturday to 7:00 a.m. Monday, nor on any other date
before 7:00 a.m., nor on any day after 9:00 p.m. Further, no pawnbroker or secondhand goods
dealer shall be open for business on Christmas Day, Thanksgiving Day, or on a Sunday.
306.22
Prohibited Acts:
Subd. 1. Minor. A minor may not sell or consign, or attempt to sell or consign,
goods with a secondhand goods dealer or pawnbroker. A secondhand goods dealer or
pawnbroker. A secondhand goods dealer or pawnbroker may not receive goods from a
mmor.
Subd. 2. Others. A secondhand goods dealer or pawnbroker may not receive any
goods from a person of unsound mind or an intoxicated person.
Subd.3. False Entries. A secondhand goods dealer or pawnbroker may not make
any false entry in their records ofthe transactions.
Subd. 4. Serial Numbers. No licensee nor any agent or employee of a licensee shall
purchase, accept, or receive any article of property which contains an altered or
obliterated serial number or an article of property whose serial number has been removed.
Subd. 5.
Securitv Interests. No licensee nor agent or employee of a licensee
9
shall purchase, accept, or receive any article of property knowing, or having reason to
know, that the article of property is encumbered by a security interest. For the purpose
of this section "security interest" means an interest in property which secures payment
or other performance of an obligation.
Subd. 6. avmer of Property. No licensee nor any agent or employee of a licensee
shall purchase, accept, or receive any article of property from any person, knovving, or
having reason to know, that said person is not the true and correct owner of the property.
Subd. 7. Valid Driver's License or Photo Identification Card. No licensee nor any
agent or employee of a licensee shall purchase, accept, or receive any article of property,
from any person, vvithout first having examined a valid photo driver's license or a valid
photo identification card issued by the state of residency of the person.
Subd. 8.
Conduct of Persons on Licensed Premises.
a. No person may pawn, pledge, sell, leave, or deposit any article of
property not their own; nor shall any person pawn, pledge, sell, .
leave, or deposit the property of another, whether with permission
or vvithout; nor shall any person pawn, pledge, sell leave, or
deposit any article of property in which another has a security
interest; with any licensee.
b. No person seeking to pawn, pledge, sell, leave, or deposit any
article of property with any licensee shall give a false or fictitious
name; nor give a false date of birth; nor give a false or out of date
address of residence or telephone number; nor present a false
driver's license or identification card; to any licensee.
306.23 Adequate Signa!ie. Alllicensee.s shall by adequate signage inform persons seeking
to pawn, pledge, sell, leave, or deposit articles of property with the licensee of the following
requirements. For the purpose of this section "Adequate Signage" shall be deemed to mean at
least one sign, of not less than four (4) square feet in surface area, comprised of Jette ring, of not
less than three-quarters (3/4) of an inch in height, posted in a conspicuous place on the licensed
premises and stating substantially the follovving:
TO PAWN OR SELL PROPERTY:
YOU MUST BE AT LEAST 18 YEARS OF AGE.
YOU MUST BE THE TRUE OWNER OF THE PROPERTY.
THE PROPERTY MUST BE FREE OF ALL CLAliVIS AND LIENS.
10
YOU MUST PRESENT VALID PHOTO IDENTIFICA nON.
VIOLATION OF ANY OF THESE REQUIREMENTS IS A CRIME.
306.24 DeniaL Suspension or Revocation of License. A license under this Section may
be denied, suspended, or revoked by the Council after a public hearing where the licensee is
granted the opportunity to be heard, for one or more of the following reasons:
Subd. 1.
The operation of the business is in conflict with any provision of this Code.
Subd. 2 The operation of the business is in conflict with any health, building,
building maintenance, zoning, or any other provision of this Code or law.
Subd. 3. The licensee or the business premises fails to conform with the standards
for license application contained in this Section.
Subd. 4. The licensee has failed to comply with one or more provisions of this
Section or any statute, rule or ordinance pertaining to the businesses of pawnbroker or
secondhand goods dealer. .
$ubd. 5.
Fraud, misrepresentation or bribery in securing a license.
Subd. 6.
business.
Fraud, misrepresentation or false statements in the course of the applicant's
Subd. 7. Subject who has been convicted of any state or federal law relating to
receiving stolen property, sale of stolen property or controlled substance, burglary,
robbery, theft, damage or trespass of property, operation ofa business, crimes of violence,
or any law or Ordinance regulating the business of pawnbrokers, secondhand goods
dealers or precious metal dealers or any other conviction relating in a sentence of one
year or greater.
Subd. 8.
No out side display of merchandise.
306.25 Redemption Period. A person who pawns an item slpll have at least five (5)
months to redeem the item before it may be sold.
306.26 Inspections. A peace officer or any properly designated employee of the City or
the State of Minnesota may enter and search business premises licensed under this Section during
business hours, without a warrant.
306.27 Penalties. Any person who violates this Ordinance shall be guilty of a
misdemeanor and upon conviction thereof, shall be punished according to prevailing state laws.
II
306.28 Provisions of State Law Adopted. Except where this Section contains a different
provision, the provisions ofthe Minnesota Statutes relating to pawnbrokers and secondhand
goods dealers are adopted and made part of this Section as if set out in full. In the event of any
conflict between this Section and the provisions of the state law, the provision with the more
stringent requirement of the licenses shall prevail.
APPROVED BY THE CENTERVILLE CITY COUNCIL THIS 13 DAY OF Aug-us,t1997. .
L./~~--A..<./L-/t~ )
Thomas Wilharber, Mayor
ATTEST:
~ &HflrL
Ry- hel Gaustad, CIty Clerk
"
12
,
Effective: 9/24/97
City of Centerville - Ord. #65
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF CENTERVILLE
ORDIANCE #65
COMMERCIAL RUBBISH COLLECTION
PURPOSE: The purpose of this Chapter is to protect the public health, safety,
and welfare of the residents of the Municipality by enacting a commercial rubbish
removal code which
(A) Establishes minimum standards for removal of rubbish and requiring same from
the property of city commercial establishments.
(B) Establishes license procedures from commercial refuse haulers and sets a fee
for said licenses.
(C) Establishes a procedure to assess each lot or parcel of land served by the
licensed hauler for which the service charge is unpaid.
LICENSE REQUIRED: No person shall deal in or collect refuse within the City of
Centerville without first having received a license as hereinafter provided. The licenses
are to be issued to persons or firms designated to collect refuse from commercial
properties within the city and shall agree to the following:
Subd. 1. Garbage will be collected in a covered and odor-free truck and disposed of at
an approved landfill or waste processing facility as set forth by the appropriate
sections of Minnesota State Statutes and further defined by the rules and
regulations of the Minnesota Pollution Control Agency (MPCA).
Subd. 2. Refuse at commercial properties will be collected a minimum of once per
week.
Subd. 3. Billing will be done by the refuse hauler on a monthly basis at the rates as
determined by competitive market rates. Such rates may be adjusted from
time to time.
Subd. 4. The licensed haulers shall required their customers to contain refuse for
pickup in appropriate containers for the type of refuse generated.
Commercial customers shall use containers that provide reasonable control of
odors, fumes, dust, leakage, or other conditions that may jeopardize the
public health, safety and welfare of the general public.
Subd. 5. Before a license is issued, the applicant shall file evidence with the City Clerk
showing that the applicant has in effect public liability insurance for the
,
Effective: 9/24/97
City of Centerville - Ord. #65
hauler's business and for all vehicles in at least the sum of $500,000 for injury
of one person $1,000,000 for the injury of persons in the same accident and
$100,00 property damage.
Subd. 6. The license period shall run for the period from when the business is licensed
through October 1, 1998 and may be automatically renewable so long as the
following provisions are adhered to:
(a) An annual franchise fee shall be established by resolution of the City Council.
The fees shall be paid to the City by each respective license holder to cover
administrative overhead costs and increased traffic (maintenance and law
enforcement) on city roads, no later than 45 days prior to the anniversary date
of this franchise, and
(b) The respective license holders adhere to the provisions herein set forth.
(c) The City will, to the extent allowed by law, enforce the license agreements.
(d) Pursuant to Chapter 443 of the Minnesota State Statutes, the City, upon
receipt of the list of property owners as described in Subd. 3 who have not
paid for pickup of refuse, may levy an assessment equal to such cost as of
September is of each year, against each lot or parcel of land so served for
which the service charged is unpaid. An assessment fee as set by Council
resolution shall be designated to the City to cover administrative overhead
costs.
(e) Licenses shall remain in force until such time as;
1) Either party gives a 90 day notice of their intent to withdraw from said
license agreement, or
2) 30 days after notification by either party that any of the above provisions
have not been met by the other party. Said notification shall include the
nature of the violation. In either event, notice shall be given by certified
mail, retum receipt requested.
3) The individual license agreements may be amended at any time by
mutual agreement of both parties.
(f) The license will only be valid for accounts located in areas zoned as commercial
or industrial.
EFFECTIVE DATE: This ordinance shall be in full force and effective immediately from
the passage and publication.
Adopted by the City Council this 24th day of September, 1997.
,
Effective: 9/24/97
City of Centerville - Ord. #65
(Siqnature on File)
Tom Wilharber, Mayor
ATTEST:
(Siqnature on File)
Ry-Chel Gaustad, City Clerk
L_
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,;
exTY OF CENTERVILLE
ANOKA COUNTY, MINNESOTA
".
"ORDINANCE # 66
r.o:;
An Ordinance Adopting City Code # 66
The Sale of Tobacco !
The City Council of the City ofCentervilledoes ordain as follows:
Section 1. The City Code of the City of Centerville is hereby adopting City Code #66
in its entirety. ·
Section '66' - The Sale of Tobacco
6(i.01. Purpose. The cityrc~cognizes that many persQns~r the age,ofJ8years
purchase or othermse obtain, possess, and use tobacco, tobacco products, and tobagco related
devices, and such sales, possession, and use are violations of both State and Federal laws;. and
because studies, which the city hereby &ccepts arid adopts, have shown that most smokers begin
smo~ before they have reached the age of 18 years and that those persons who reach the age
of 18 years without having started smoking are significantly less likely to begin smoking; and
beCause smoking has been shown to be the cause of several serious health probleIllS which
subsequently place a financ.ial burden on all levels of government; This ordinance shall be
intended to regulate the sale, possession, and use of tobacco, tobaCco products, and tobacco
related devices for the purpose of enforcing and furthering existing laws, to protect minors
against the serious effects associated with illegal use of tobacco, tobacco products, and tobacco
devices, and to further the official public policy of the State of Minnesota in regard to preventing
young people from starting to smoke as stated in Minn. Stat. S 144.391.
~
66.02 Definitions. As used in this section, the following terms are defined as fallows:
Subd. 1 Tobacco or Tobacco Products. "Tobacco" or "Tobacco products" shall
mean any substance or item containing tobacco leaf, including but not limited to, cigarettes;
cigars; pipe tobacco; snuff, fine cut or ather chewing tobacco; cheroots; stogies; perique;.
granulated plug cut, crimp CUt, ready-rubbed, and other smoking tobacco; snuff flowers; .
cavendish; shorts; plug and twist tobaccos; dipping tobaccos; refuse scraps; clippings; cuttings;
and sweepings of tobacco; and other kinds and forms of tobacco leaf prepared in suCh manner as
to be suitable for chewing, sciffing, or smoking. .
Subd.2 Tobacco Related Devices. "Tobacco related devices" shall mean any
. tobacco product as well as a pipe, rolling papers, or ather device intentionally designed
or intended to be used in a manner which enables the chewing, sniffing, or smoking of
tobacco or tobacco products.
1
Subd. 3 Self-Semce Merchandising. "Self-Semce Merchandising" shall mean
open displays of tobacco, tobacco products, or tobacco related devices in any manner
where any person shall have access to the tobacco, tobacco products, or tobacco related
devices, without the assistance Of intervention of the licensee or the licensee's employee.
The assistance or intervention shall entail the actual physical exchange of the tobacco,
tobacco product, or tobacco related device between the customer and the licensee or
employee. Self-semce merchandising shall not include vending machines.
Subd.4 Vending Machines. "Vending Machine" shall mean any mechanical,
electric or electronic, or other type of device which dispenses tobacco, tobacco products,
or tobacco related devices uWn the insertion of money, tokens, or other form of payment
direc#y into the machine by the person seeking to purchase the tobacco, tobacco product,
. or tobacco related device.'
Subd. 5 Individually Packal;!ed. "Individually packaged" shall mean the practice
of selling any tobacco or tobacco product wrapped individually fur sale. 41dividually
wrapped tobac;co an4tobacco products shall include, but not be limited to, single cigarette
. packs, single bags 9r calli! of loose tobacco in any form, and single cans or other packing
of snuff or chewing tobacco. Cartons or other packaging ccntaining more than a single
pack or other container as descn'bed in this subdivision shall not be considered individually
packaged.
Subd. .6 . Loosies. "LQosies" shall mean the common tenn used to refer to a single
or individually packaged cigarette.
Subd. 7 Milmr. "Minor" shall mean any natural person who bas not yet reached
the age of eighteen (18) years. l
Subd, 8 Retllil Establishment. "Retall establishment" shall mean any place of
business where tobacco, tobacco products, or tobacco related devices are available for
sale to the general public. Retail. establishment shall include, but not be limited to,
grocery stores, convenience stores and restaurants.
Subd. 9 Moveable Place ofBwno..ss. "Moveable Place of Business" shall refer to
any form of business operated out of a truck, van, automobile, or other type ofvebicle or
transportable shelter and not a fixed address, store front or other permanent type of
. ~tructure authorized for sales transa~ioD&. .
Subd. 10 Sale. A "sale" shall mean any transfer of goods for money, trade, baiier,
or other consideration.
2
Subd. I I Compliance Checks. "Compliance checks" shall mean the system the city
uses to investigate and ensure that those authorized to sell tobacco, tobacco products, and
. tobacco related devices are following and complying with the requirements of this
ordinance. Compliance checks shall involve the use of minors as authorized by this
ordinance. Compliance checks shall also mean the use of minors who attempt to
purchase tobacco, tobac-co products, '01' tobacco related devices for educational, research
and training purposes as authorized by State and Federal laws, Other units of
government for the purpose of enforcing appropriate Federal, State, or local laws may
also conduct compliance checks and regulations relating to tobacco, tobacco products
and tobacco related devices,
66.03 License Required. No person shall sell or offer to sell any tobacco, tobacco
products, or tobacco related device without first having obtained a license to do so from the city.
Subd. 1 Application for License. All application for a license to sell tobacco,
tobacco products, or tobacco related devices shall be made on a form provided by the
city. The application shall contain the full name of the applicant, the applicant's residential
and business addresses and telephone numbers, the name of the business for which the
license is sought, and any additional information the city deems necessary. Upon receipt.
of a completed application, the city clerk shall forward the applicatiQD to the
council for action during a regularly scheduled councii meeting. If the clerk
shall determine that an application is incomplete, he or she shall return the application
to the applicant with notice of the information necessary to make the application complete.
Subd. 2 Action. The council may either approve or deny the license, or it may
delay action for a reasonable amouilt of rime to complete any investigation of the
application or the applicant it deen1s necessary. If the council shall approve the license,
the clerk shall issue the license to the applicant. If the council denies the license, notice
of the denial shall be given to the applicant along with notice of the applicant's right 'to
appeal the council's decision.
Subd. 3 :D:Im. All licenses issued under this ordinance will expire December 31,
of the year the license was purchased. .
Subd. 4 Suspension or Revocation. Any license under this ordinance may be
revoked or suspended as deemed necessary by the CounciL
Subd. 5 Transfers. All licenses issued under this ordinance shall be valid only
on the premises for which the license was issued and only for the person (s) to whom the
license was issued. No transfer of any license to another location or person or entity shall
be valid without the prior approval of the council. The licensee shall not be entitled to
a refund of the license fee upon revocation or voluntarily ceasing the licensed activity.
3
Subd. 6 Disol!lY. All licenses shall be posted al1d displayed in plain view of the
general public on the licensed premise.
Subd. 7 Renewals. The renewal of a license issued under this section shall be
handled in the same manner as the original application. The request for a renewal
shall be made at least thirty days but no more than sixty days before the expiration of
the current license. The issuance of a license issued under this ordinance shall be
considered a privilege and not an absolute right of the applicant .and shall not entitle
the holder to an automatic renewal of the license.
66.04 Fees. No license shall be issued under this ordinance until the appropriate
license fee is paid in full. The fee for a license under this ordinance shall be determined by
resolution of the City Council.
66.05 . Basis for Denial Df License. The following shall be grounds for denying the
issuance or renewal of a license under this ordinance; however, eXcept as may otherwiSe be
provided by law, the existence of any particular ground for denial does not mean that the city
milst deny the license. If a license is mistakenly issued or renewed to a person, it shall be
"; "fevQked upon the discovelY that the person was ineligible for the license under this section:
A. The applicant is under the age of 18 Years.
B. The applicant has been convicted within the past five years of any violation of a
Federal, State or localJaw, ordinance provision, or other regulation relating to
tobacco or tobacco products or tobacco related devices.
C. The applicant has had a license to sell tobacco, tobacco products, or tobacco
related devices revoked within the preceding twelve months of the date of
application.
D. The applicant fails to provide any inforniation required on the application, or
provides t)>lse or misleading information.
E. The applicant is prohibited by Federal, State, or other local1aw, ordinance, or
. other regulation, from holding such a license.
66.06 Prohibited Sales. It shall.be a violation oftbis ordinance for any person to
sell or offer to sell any tobacco, tobacco product, or tobacco related device:
A. to any person under the age of eighteen (18) years.
B. By means of any type ofvending machine, ll-'Ccept as may otherwise be
pro~dedmthisordinanca
4
C. By means of self-service methods whereby the CUStomer does not need to make
a verbal or written request to an employee of the licensed premise in order to
receive the tobacco, tobacco products, or tobacco related devices imd whereby
there is not a physical exchange of tobacco, tobacco products, or tobacco related
device between the-licensee or the licensee's elhployee, and the customer,
D. By means ofloosies as defined in Section 66.02 Subd. 6 of this ordinance.
E. Containing opium, morphine, jimpson weed, Bella donna, strychnos, cocaine,
marijuana, or other deleterious, hallucinogenic, toxic, or controlled substances
except nicotine and other substances found naturally in tobacco Or added as part
of an otherwise lawful manufacturing process,
F. By any other means, to any other persol!, or in any other manner ofform
prohibited by Federal, State, or other local law, ordinance provisiol!, or other
regulation.
- 66.07 Veuding Machill1lelll, It shall be unla1Nful for any person licensed under this
ordinance to allow the sale of tobacco, tobacco products, or tobacco related devices by the
means of a vending machine unless minors ate at all times prohibited from entering the
licensed establishment.
66.08 Self-Service Sales. It shall be unlawful for a licensee under this ordinance to
allow the sale of tobacco, tobacco products, or tobacco related devices by any means whereby
the customer may have access to such items without having to request the item from the licensee
or the licensee's employee and whereby there is not a physical exchange of the tobacco, tobacco
products, or the tobacco reJated devices between. the licensee or his or her clerk and the customer.
All tobacco, tobacco products, and tobacco related devices shall either be stored behind a
counter or other area, not freeJy accessible to customers, or in a case or other storage unit not
left open and accessible to the general public. Any retailer selling tobacco, tobacco products,
or tobacco related devices at the time this ordinance is adopted shall comply with this Section
within 90 days. Self-service sales restriction shall not apply to retall stores which derive at
least 90% of their revenue from tobacco and tobacc<l related products and which cannot be
entered at any time by a person(s) YOunger thart J 8 years of age.
66.09 Responsibility, All licensees under this ordinance shall be responsible for the
actions of their employees in regard to the sale of tobacco, tobacco products, Or tobacco related
devices on the licensed premises and the sale of such an item by an employee shall be considered
a sale by the license holder. Nothing in this section shall be construed as prohibIting the City
from also subjecting the clerk to whatever penalties are appropriate under this Ordinance, State
or Federal law, or other applicable law or regulation. .
66.10 COillplillllce Check'llU!ld Inspedions, All licensed preinises shall be open to
, inspection by the city police or other authorized city official during regular business hours.
From time to time, but at least once per year, the cit'j shall conduct compliance checks by
5
engaging, with the written consent of their parents or guardians, minors over the age offifteen
(15) years but less than eighteen (18) years, to enter the licensed premise to attempt to purchase
tobacco, tobacco products, or tobacco related devices. Minors used for the purpose of
compliance checkS shall be supervised by city designated law enforcement officers or other
designated city personnel. Minors used for compliance checks shall not be guilty of unlawful
possession of tobacco, tobacco products, or tobacco related devices when SlIch items are
obtained as il part of the compliance check. No minor used in compliance checks shall attempt
to use a false identification misrepresenting the minor's age, and all minors lawfully engaged
in a compliance check shall answer all questions about the minor's age asked by the licensee or his
or her employee and shall produce any identification, if any exists, for which he or she is asked.
Nothing in this Section shal1 proluOit compliance checks authorized by State or Federal laws
for educational, research, or training purposes, or required for the enforcement of a particular
State or Federal law.
66.11 Other illegllll A!;ts. Unless otherwise provided, the following acts shall be a
violation of this ordinance.
Subd. 1 illegal Sales. It shall be a violation of this ordinance for any person to
sell or otherwise provide any tobacco, tobacco product, or tobacco related device to
any mmor.
Subd. 2 TIle.g!l1 Possession. It shall bea violation of this ordinance for any minor
to have in his or her possession any tobacco, tobacco product, or tobacco related device.
This subdivision shal1 not apply to minors lawfully involved in a compliance check.
Subd. 3 m~ U~. It shall be It violation of this ordinance of any mIDor to smoke,
chew, snifl.; or otherwise use any tobacco product, or tobacco related device
Subd. 4 Illegal Procurement. It shall be It violation of this ordinance for any minor
to purchase or attempt to purchase or otherwise obtain any tobacco, tobacco product, or
tobacco related deVice, and it shall be a violation of this ordinance for any person to
purchase or otherwise obtain such items on behalf of a minor. It shall further be a
violation for any person to coerce or attempt to coerce a minor to illegally purchase or
otherwise obtain or use any tobacco, tobacco product, or tobacco related device. This
subdivision shall not apply to minors lawfully involved in a compliance check.
Subd. 5 Use ofFa!se Identification. It shall be a violation of this ordinance for any
minor to attempt to disguise his or her true age by the use of a false form .of identification,
whether the identification is that of another peison or one on which the age of the person
ha~ been modified or tampered with to represent an age older than the actual age of the
person.
66.12 Violations-
Subd. 1 Notice. Upon discovery of a suspected violation, the alleged violator shall
6
,.
be issued, either personally or by mail, a citation that sets fOrth the alleged violation and
which shall inform the alleged violator of his or her right 10 be heard on the accusation.
Subd. 2 Hearings. If a person accused of violating this ordinance so requests, a
hearing shall be scheduled, the time and place of which shall be determined by Anoka
County.
SuM 3
Hearings Officer. Anoka County shall serve as the hearing officeL
Subd. 4 Decision. If the hearing officer determines that a violation of this
ordinance did' Occur, the decision, along with the hearing officer's reasons for finding
a violation and the penalty to be imposed under Section 66.13 ofthis ordinance or as the
court rules, shall be recorded in writing, a copy of which shall be provided to the accused
violator, their parent or legal guardian. Likewise, if the hearing officer finds that no
violation occurred or finds grounds for not imposing any penalty, such findings shalI be
recorded and a copy provided to the acquittea accused violator, their parent or legal
guardian.
Subd. 5 Appeals. Appeals of any decision made by the hearing officer shall be "-
filed in the district court for the city in which the alleged violation OCClJITed. .
SuM. 6 Misdemeanor Prosecution. Nothing in this Section shall prohibit the City
. from seeking prosecution as a misdemeanor for any alleged violation of this ordinance.
If the City elects to seek misdemeanor prosecution, no administrative penalty shall be
imposed.
Subd. 7 Continued Violation. Each violation, and every day in which a violation
occurs or continues, shall constitute a separate offense.
66.13 Penalties.
Subd. 1 Licensees and Employees. Any licensee, and any employee of a licensee,
found to have violated this ordinance shall be charged an administrative-fine which shall be
determined by resolution of the City Council for a first violation of this ordinance; for a
second offense at the same licensed premises within a twenty-four month period; an<Vor
a third or subsequent offense at the same location within a twenty-four month period. A
fine shall be determined by resolution of the City Council. In addition, after the third
offense, the license shall be suspended for not less than seven days.
Subd. 2. Other.fudividuals. Other individuals, other than minors regulated by
. subdivision 3 of this subsection, found to be in violation of this ordinance shall be
charged an administrative fee set by resolution of the City Council.
Subd. 3 Misdemeanor. Nothing in this Section shall prohibit the City from seeking
prosecution as a misdemeanor for any violation of this ordinance.
7
,"
66.14 Exceptions and DefenS"es. Nothing in tliis ordinance shall prevent the providing
of tobacco, tobacco products, or tobacco related devices to a minor as part of a lawfully
recognized religious, spiritual, Of cultural ceremony. It shall be an affinnative defense to the
" violation of this ordinance for a person to have re<lsonably relied on proof of age as described
by State law. -
"
66.15 Severability ~nd Savings Gause. If any section or portion of this ordinance
shall be found unconstitutional or otherwise invalid or unenforceable by a court of competent
jurisdiction, that finding shall not serve as II invalidation or effect the validity and enforceability
of 8llY other section or provision of this ordinance.
66.16 Effective Date. This ordinance shall take effect the day following
publication in the city's official newspaper.
L/a- L ~-"~
Mayor Tom Wilharber
Attest:
&.A.( Ju.L..JYt1.JLlttA.cL-
Ry-Ch~l Gaustad, CMC City Clerk
.'.", '
8
Effective: 8/26/98
City ofCenterville Ord. #67
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF CENTERVILLE
ORDINANCE #67
AN ORDINANCE ADOPTING TIIE 1997 UNIFORM HOUSING CODE.
The City Council of the City ofCentervi1le, Minnesota, does ordain:
SECTION 1. TIlLE AND SCOPE.
The purpose of this code is to provide minimum standards to safeguard life or limb, beahh,
property, and public welfare by regulating and controlling the use and occupancy, location, and
maintenance of all residential buildings and structures.
SECTION 2. ENFORCEMENT.
The building official is bereby authorized and directed to enforce all of the provisions of this
code. For such purposes, the building official shalI have the powers of a low enforcement
officer.
SECTION 3. PERMITS AND INSPECTIONS.
Buildings or structures within the scope of this code and all construction or work for which a
permit is required shall be subject to inspection by the building official in accordance with and in
the manner provided by this code and Sections 108 and 1701 of the Building Code.
SECTION 4. DEFINITIONS.
SECTION 5. SPACE AND OCCUPANCY STANDARDS.
All buildings shall be located with respect to property lines and to other buildings on the same
property as required by Section 503 and Chapter 6 of the Building code.
SECTION 6. STRUCTIJRAL REQUIREMENTS.
Buildings or structures may be of any type of construction permitted by the Building Code.
Roofs, floors, wall, foundations and all other structural components of buildings shalI be capable
of resisting any and all forces and loads to which the may be subject.
SECTION 7. MECANlCAL REQUIREMENTS.
All heating devices shall be of an approved type. All electrical equipment shalI be of an
approved type. Ventilation for rooms and areas and for fuel-burning appliances shalI be
provided as required in the Mechanical Code and in this code.
SECTION 8. EXITS.
Page 1 of3
Effective: 8/26/98
City ofCenterville Ord. #67
Dwelling units or guest rooms shall have access directly to the outside or to a public corridor.
All buildings or portions thereof shaI1 be provided with exits, exitways and appurtenances as
required by Chapter 10 of the building Code.
SECTION 9. FIRE PROTECTION.
All buildings or portions thereof shaI1 be provided with the degree of fire-resistive construction
as required by the Building Code for the appropriate occupancy, type of construction and
location on property, and shall be provided with the appropriate fire-extinglJi~hing systems or
equipment required by Chapter 9 of the Building Code.
SECTION 10. SUBSTANDARD BUILDINGS.
Any building or portion thereof that is determined to be an unsafe building in accordance with
Section I020fthe Building Code, or any building or portion thereo1; including any dwelling unit,
guest room or suite of rooms, or the premises on which there exists any of the conditions
referenced in this section to an extent that endangers the life, limb, health, property, safety or
welfare of the public or the occupants thereo1; shall be deemed and hereby are declared to be
substandard buildings.
SECTION 11. NOTICES AND ORDE:RS OF THE BUILDING OFFICIAL.
The notice and order, and any amended or supplemental notice and order, shaI1 be served upon
the record owner, and posted on the property; and one copy thereof shall be served upon the
record owner, and posted on the property; and one copy thereof shall be served on each of the
following ifknown to the building official or disclosed from official public records: the holder of
any mortgage or deed of trust or other lien or encumbrance of record, the owner or holder of any
lease of record, and the holder of any other estate or legal interest of record in or to the building
or the land on which it is located.
SECTION 12. APPEAL.
Upon receipt of any appeal filed pursuant to this section, the building official shaI1 present it at
the next regular or special meeting of the board of appeals.
SECTION 13. PROCEDURES FOR CONDUCT OF HEARING APPEALS.
Each party shaI1 have the following rights, among others:
1. To call and examine witnesses on any matter relevant to the issues of the hearing.
2. To introduce documentary and physical evidence.
3. To cross-examine opposing witnesses on any matter relevant to the issues of the hearing.
4. To impeach any witness regardless of which party first called the witness to testifY.
5. To rebut the evidence.
6. To be represented by anyone who is lawfully pennitted to do so.
CHAPTER 14. ENFORCEMENT OF THE ORDER OF THE BUILDING OFFICIAL OR THE
BOARD OF APPEALS.
After any order of the building official or the housing advisory and appeals board made pursuant
to this code becomes final, no person to whom any such order is directed shall fail, neglect or
refuse to obey any such order. Any such person who firils to comply with such order is guilty of
a misdemeanor.
Page 2 00
Effective: 8/26/98
City ofCenterville Ord. #67
CHAPTER 15. PERFORMANCE OF WORK OF REPAIR OR DEMOLITION.
When any work or repair or demolition is to be done pursuant to Section 1401.3, Item 3, of this
code, the building official shall cause the work to be accomplished by city personnel or by
private contract under the direction of the building official.
CHAPTER 16. RECOVERY OF COST OF REPAIR OR DEMOLITION.
The building official shall keep an itemized account of the expense incurred by this jurisdiction
in the repair or demolition of any building done pursuant to the provisions of Section 1401.3,
Item 3, of this code. Upon the completion of the work of repair or demolition, said building
official shall prepare and file with the clerk of this jurisdiction a report specifYing the work done,
the itemized and total cost of the work, a description of the real property upon which the building
or structure is or was located, and the names and addresses of the persons entitled to notice
pursuant to Section 1101.3.
A complete description of the 1997 Uniform Housing Code is available at the Centerville City
Hall for public inspection.
Adopted by the City Council this 26th day of August, 1998.
ATTEST:
Mayor
Clerk! Administrator
Page 3 of3
e,
CITY OF CENTERVILLE
PLANNING AND ZONING COMMISSION
AUGUST 2, 2005
Pursuant to due call and notice thereof, the Planning and Zoning Commission held their regularly
scheduled meeting on August 2, 2005, at 6:30 p, m,
PRESENT:
Brian Hanson
Jennefer K1ennert Hunt
JeffHanzal
Bob Wright ed
Mark Pangell ""'f
Tom Wood (arrived at 6:40 p.m~1 t APP. V
D. Love ..0
-
ABSENT:
COUNCIL:
Council Member TelWay
STAFF:
Mr. Larson
L CALL TO ORDER
1. Roll Call
The meeting was called to order at 6:30 p.m.
ll. APPEARANCES
1. Mr, Jeff Smyser. City ofLino Lakes
Mr. Smyser appeared before the Commission and provided an overview of the AUAR for
the I-35E Corridor
Mr. Smyser indicated that once done any project in the AUAR area that requires EIS or
EA W is exempt because already done at the City level but heavy industrial uses would
not be exempt.
The Commission discussed the potential development shown in the AUAR with Mr.
Smyser.
ilL PUBLIC HEARING(S)
None.
Page 1 of6
,.
City of Centenril1e
Planning & Zoning Commission
August 2, 2005
IV. OLD BUSINESS
1. Snowmobile Ordinance
Chair Hanson and the Commission discussed how the meeting should run to ensure a
smooth and orderly public hearing.
Commissioner Wood left the meeting at 8:30 p.m.
The Commission indicated an interest in timing any potential banning of snowmobiles
with the expansion ofCSAH 14.
Motion bv Commissioner Hamal. seconded bv Commissioner Wri!!:ht to set a nublic
hearin~ for the Sentember meetin!!: to discuss the possible ban on snowmobiles
within the City. AIl in favor. Motion carried unlUlimouslv.
2. Review of Ordinances
City Administrator Larson indi<;ated there is no district where adult uses are allowed as
permitted or conditional use in the adult use ordinance. He then said that if it is not listed
as permitted then it is not permitted so it is prohibited and the City could be sued over
that.
Staff will make a recommendation for consideration.
3. Rental Unit Inspections & Modification of Ordinance
Staff and the Commission reviewed the proposed modifications to the Ordinance.
Motion bv Commissioner Pan!!:ell. seconded bv Commissioner K1ennert Hunt to
recommend annroval of this Ordinance with the noted chan!!:es. All in favor.
Motion carried unanimonslv.
V. NEW BUSINESS
1. Site Plan Review 2005 Gateway Circle
Robert from Chicilo Homes appeared before the Commission and reviewed his proposal.
Commissioner Klennert Hunt asked what types of uses they anticipate for the building.
Robert indicated it is an office and warehouse facility for his builder business. He then
said that he is working with Rice Creek and City Staff on a landscaping plan that would
be acceptable.
Page 2 of 6
City of Centerville
Planning & Zoning Commission
August 2, 2005
Chair Hanson asked whether the fence encroaching into the drainage and utility easement
is an issue.
City Administrator Larson indicated the parking lot is being shortened so the fence will
be brought back out of the easement when that is done.
Motion bv Commissioner Klennert Hunt. s<<onded bv Commissioner Wood to
recommend aooroval of the Site Plan Review for 2005 Gatewav Circle continl!ent
uoon Rice Creek Watershed aooroval and ensurinl! that the drainal!e easement at
the back of the orooertv is within the Ordinance standards. All in favor. Motion
carried unanimouslv.
2. Site Plan Review for 6805 - 20th Avenue
Mr. Ray Olson of B&R Properties appeared before the Commission and revieWed his
proposed building.
Mr. Olson indicated they are a logistics company that arranges shipments for some larger
companies so he will occupy three bays of the building himself with his employees. Mr.
Olson noted he has recently rented property to store his vehicles in a different location
making the activities up here all office related.
Mr. Olson indicated he would like to run his custom container company out of the back
part of the property. He then said that he would like to reapply for storage of containers
on the back of this property until the City determines it is unsightly or unwanted.
Mr. Olson indicated that they want to operate out of the building they are in while
constructing the new building and would like to keep the shop building for four to five
years and then will take it down, as it is an eye sore. He then said that he would like to
develop the site into two buildings or maybe three if possible on the site.
Chair Hanson asked whether there would be any ponding issues for this property.
City Administrator Larson indicated that Rice Creek will make the ponding
determination for the site.
City Administrator Larson asked for clarification on parking, as it does not seem to match
the Code requirements as proposed.
Mr. Olson's assistant indicated that proof of parking is being shown.
City Administrator Larson indicated that they would need 100 stalls but are only
providing 36 and identified space for 72 without contemplating the second phase.
Mr. Olson's assistant indicated he would have to verify that with the architect and
respond to Staff on it.
Page 3 of6
City of Centerville
Planniog & Zoning Commission
Angust 2, 2005
Chair Hanson asked how many employees Mr. Olson has.
Mr. Olson indicated he has 48 employees but there are only 18 at this location.
The Commission determined the need for Rice Creek Watershed District approval and
clarification on the parking on the plan.
City Administrator Larson asked the Commission to determine how many parking spaces
are to be required when this building is constructed.
Mr. Olson's assistant indicated they could show proof of parking and asked to allow for
72 stalls with additional put in for the future addition or as the City deems necessary.
City Administrator Larson indicated that the applicant would need to show where the
required parking stalls would be located.
Mr. Olson indicated that he and his assistant would provide the City with a new plan
outlining the parking and proof of parking.
Commissioner Wood suggested another entrance and building a parking lot further back
behind the building to provide enough parking stalls.
City Administrator Larson suggested pushing the building back to allow for two rows of
parking.
Mr. Olson indicated that would interfere with the existing building and maneuvering
vehicles in and out.
Commissioner K1ennert Hunt indicated that she has had reservations but there have been
no complaints about the operation and she is excited that the new building is being
planned and the old building will be removed in the near future.
Motion bv Commissioner Hanzal. seconded bv Commissioner Wri!!ht to recommend
approval pendin!! Rice Creek approval of the pondin!! and parkin!! plans submitted
for the required 98 stalls of parkin!!. All in favor. Motion carried unanimouslv.
3. TIFPlan
Chair Hanson indicated he is concerned about the City being opened up to liability and
would like to have a policy of how and when to use TIP and stick to it rather than relying
on Council decision.
City Administrator Larson indicated that there is some guidance in the State Statute to
follow.
Page 4 of6
City of CenterVille
Planning &. Zoning Commission
August 2, 2005
The Commission and Staff discussed the TlF plan.
Commissioner Klennert Hunt said she does not want to set restrictions as it could
backfire in the future because Councils change but a basic set of guidelines to consider
would be helpful.
City Administrator Larson clarified that this redevelops a publicly owned site not private
property.
Chair Hanson indicated he would like to set some guidelines for when TlF will be
granted.
City Administrator Larson asked the Commission to determine whether this type of
mixed-use development meets the Comprehensive Plan.
Chair Hanson indicated he has no issue with the mixed-use proposal as it seems to make
sense.
Commissioner Wright asked whether there have been any developers interested.
City Administrator Larson indicated that last month there was someone interested and
Staff asked them to wait until the City decides what it wams to do and whether grants are
available.
Commissioner Klennert Hunt asked whether this development would happen without
TlF.
City Administrator Larson indicated it probably would not.
Commissioner Wood said he feels it is reasonable for the commercial property and
commercial property is a benefit to Centerville as it helps with the tax base.
City Administrator Larson invited Commissioners to attend the worksession next
Wednesday at 5:30 p.m. to discuss downtown redevelopment plarming.
Motion bv Commissioner KIennert Hunt. seconded bv Commissioner Panl!ell to
determine that this proposal meets the Comprehensive Plan reauirements. An in
favor. Motion carried unanimously.
VI. DISCUSSION ITEMS
City Administrator Larson noted that in looking at the Comprehensive Plan, it looks like
the population will end up at just under 5,000 and there are some advantages in directing
that to end up over 5,000 for state aid for road construction.
Chair Hanson asked for an update on the Rehbein property.
Page 5 of6
City of Centerville
Planning & Zoning Commission
Augost 2, 2005
City Administrator Larson indicated that Rice Creek has indicated that they are' not
violating any of their regulations.
VII. CONSIDERATION OF MINUTES
L July 5. 2005 Planning and Zoning Meeting Minutes
Commissioner Klennert Hunt asked if Staff has had an opportunity to check on clustering
of mailboxes.
City Administrator Larson indicated that the mailbox issue was directed at a problem at
the time and new developments cluster mailboxes so it is a non-issue.
--
Motion bv Commissioner Klennert Bunt. seconded bv Commissioner Wril!ht to
ann rove the Minutes of Julv 5. 2005. as nresented. All in favor. Motion carried
unanimously.
vm. ADJOURNMENT
Motion bv Commissioner BanzaI. seconded bv Commissioner Panl!ell to Adiourn
the AUlrust 2.2005 Planninl! Commission Meetinl! at 9:15 n.m. All in favor. Motion
carried unanimouslv.
Transcribed by:
Joan Lenzmeier, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
Page 6 of6