HomeMy WebLinkAbout2005-04-05 P & Z Agenda
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PLANNING AND ZONING COMMISSION
MEETING AGENDA
TUESDAY, APRIL 5, 2005
6:30 p.m.
Welcoming to City Administrator, Mr. DaDas Larson
I. CALL TO ORDER
1. Roll Call
n. APPEARANCESIPRESENTATION(S)
1. Mr. Lee L' Allier, 1973 Main Street - Requesting Rezone of Neighboring
PropertieslWaiver of Fee
2. Mr. & Mrs. Troy Thompson, 1862 Main Street - Potential for Rezone
3. Mr. Ken Strantz, Performance Auto - Requesting A Special Use Permit for
Operation of Business out of 1724 Main Street Until Widening ofCSAH14
Ill. PUBLIC HEARING (S)
IV. OLD BUSINESS
1. Ordinance #6, #6A, #7 & #9 - Tabled Previous Meeting
V. NEW BUSINESS
1. Ordinance #13 - Liquor
2. Ordinance #14 - Land Improvement & Street Construction
3. Ordinance #16 - Use of Highways
4. Ordinance #20-A - NSP
5. Ordinance #22A - Office of Clerk! Administrator
VI. DISCUSSION ITEMS
I. Resignation of Council Member Linda Broussard Vickers and Planning & Zoning
Council Liaison Vacaney
VIL CONSIDERA nON OF MINUTES
I. February 28, 2005 Planning and Zoning Meeting Minutes
VllL ADJOURNMENT
Mel11o...
TO: Planning and Zoning Commission
FROM: City Attorney Hoeft
SUBJECT: Mr. Ken Strantz, Perfonnance Auto - Requesting A Special Use Permit
for Operation of Business out of 1724 Main Street Until Widening of
CSAHl4
DATE: March 31, 2005
Mr. Strantz feels that he should be allowed by Special Use Permit to operate an
ATVlRecreational vehicle repair shop out of the 1724 Main Street vacant building until
such time as CSAHl4 is widened.
City Clerk, Building Inspector, Building Official and the City Attorney have researched
Ordinance #4, current zoning and the Minnesota Building Code in regards to this type of
operation.
City Attorney Hoeft has clarified that previously the City did not have permitted uses
specified for any of the zoning classifications - all proposed uses were by special use
permit (with appropriate conditions). The City code was changed several years ago to
eliminate the special use process and replace it with specific permitted uses for each of
the zoning classifications. If the proposed use is not a permitted use, then it is not
allowed in that zone. If the specific use is not identified as being specifically prohibited,
then the use may be allowed by conditional use permit. However, in this instance the
proposed use is specifically prohibited from the M-I zone. Therefore, no special or
conditional use is available.
Building Inspector McPherson and Building Official Palzer both believe that an operation
such as being proposed by Mr. Strantz would require sprinklers due to its size (threshold
2,000 sq. feet) and flammable traps would be required. The Minnesota State Building
Code (Adopted by Ordinance #76) states that if the occupancy has been changed
(previous tenant was a carpet cleaning company), the building would need to be brought
up to current code.
Infonnation provided by Mr. Hoeft has been provided to Mr. Strantz. Mr. Strantz has
been provided with Council and Commission member's telephone numbers along with
Fire Chief Bennett's telephone number.
Please find the attached copies of:
Section 080-120: Mixed Use District (M-l)
Ordinance #76 - Adopting the Minnesota State Building Code
Section 080-110: Publicllnstitutional District (P-1).
Effective 9/5/00
City of Centerville Ord. #4
Purpose
It is intended that the P-1 District provide opportunities for government facilities, schools, churches,
hospitals, libraries and other similar public and institutional uses.
Permitted Uses
A. Government buildings, structures, facilities, utilities, rights-of-way, easements,
parks, open spaces and vacant land.
B. Schools, churches, cultural and educational facilities and uses, libraries, hospitals
and health facilities.
Section 080-120: Mixed Use District (M-1).
Purpose
It is intended that the M-1 District provide for the unique layout and character of a traditional central
Business district with retail, professional office, residential, and other mixed uses.
Permitted Uses
A. Retail sales conducted within structures, but excluding automobile and motorized
equipment sales, truck stops, gasoline and fuel sales, drive through restaurants.
B. Repair and service conducted within structures, but excluding automobile and
motorized equipment repair.
C. Professional and business offices.
D. Multiple residences and accessory uses.
E. Accessory apartments.
F. Theaters and recreational businesses conducted within structures.
G. Public buildings.
Special requirements
It is the intent of these provisions to allow for flexibility of land uses and exceptions to traditional
dimensional standards, when other conditions and special requirements are met. These provisions are
not meant to allow unrestricted leapfrogging of land uses or disregard for compatibility of land uses.
Greater flexibility in zoning regulations often leads to more subjectivity in land use interpretations. In
making zoning decisions about land use compatibility and dimensional criteria for uses and structures,
the City shall have broad discretion to protect the public health, safety and welfare; and to protect the
residential integrity of the Mixed Use District and surrounding residential neighborhoods.
Page 32 of 59
Effective 9/5/00
City of Centerville Ord. #4
Setbacks and lot coverage for new or expanded structures shall be determined through the Site Plan
Review process by the Planning and Zoning Commission. Factors to be considered in the determination
shall include; but not be limited to, existing setbacks, structural appearance, site drainage, public access,
pedestrian safety, automobile safety. intersection visibility. height, parking, landscaping and other site
design factors. Residential dwellings shall not be prohibited or discouraged in the M-1 District.
The use or conversion of a residential structure for commercial use, other than a home occupation, shall
require Site Plan approval by the Planning and Zoning Commission. Factors to be considered for such a
use conversion include, but are not limited to, compatibility with adjacent land uses, structural
appearance, structural adaptability, investment relationship, term or length of conversion (interim or
permanent) and consistency with any land use plans prepared by the City for the Mixed Use District.
The architectural design and exterior building materials used in connection with any new or expanded
use or structure shall be consistent with any architectural design or aesthetic control requirements
established by the City for the Mixed Use District.
Division 85: Zero Lot Lines
In new residential subdivisions in M-1, R-2A, R-2, R-3 and R-4 Residential Zoning Districts, structures
may be arranged to include one (1) zero lot line provided that no windows or doors open on this side of
the structure. The appropriate setbacks apply.
Division 90: Commercial Exterior Building Materials
Except; as otherwise regulated herein, the exterior wall surfaces of all new or expanded commercial
buildings shall consist of face brick, finished block or other textured masonry product approved by the
Planning and Zoning Commission. Exceptions to all masonry exteriors may be considered and approved
by the Planning and Zoning Commission provided the following findings are met:
A. The combination of exterior materials is used as an architectural compliment to the
structure.
B. The combination of exterior materials used is not inconsistent with the quality and
appearance used on similar buildings in the same zoning district or neighborhood.
C. Site conditions limit public exposure to certain exterior surfaces where masonry
products are not proposed.
D. An exterior wall may be temporary and a future expansion area of a structure and
be subject to removal or redesign as an interior wall.
Buildings are required to have contrasting architectural features and must be designed to be aesthetically
pleasing.
Division 95: Industrial Exterior Building Materials
Industrial buildings are required to be constructed of brick, decorative block or approved textured
masonry product. Pole barn type buildings are not allowed. Buildings are required to have contrasting
Page 33 of 59
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF CENTERVILLE
ORDINANCE #76
AN ORDlNANCE ADOPTING THE MINNESOTA STATE BUILDING CODE,
THIS ORDlNANCE: PROVIDES FOR THE APPLICATION,
ADMINISTRATION, AND ENFORCEMENT OF THE MINNESOTA STATE
BUILDING CODE BY REGULATING THE ERECTION, CONSTRUCTION,
ENLARGEMENT, ALTERATION, REPAIR, MOVING, REMOVAL,
DEMOLITION, CONVERSION, OCCUPANCY, EQUIPMENT, USE, HEIGHT,
AREA, AND MAINTENANCE OF ALL BUlLDlNGS AND/OR STRUCTURES IN
THIS MUNICIPALITY; PROVIDES FOR THE ISSUANCE OF PERMITS AND
COLLECTION OF FEES THEREOF; PROVIDES PENALTIES FOR
VIOLATION THEREOF; REPEALS ALL ORDlNANCES, (#4-D) AND PARTS
OF ORDlNANCES THAT CONFLICT THEREWITH, THIS ORDINANCE
SHALL PERPETUALLY INCLUDE THE MOST CURRENT EDITION OF THE
MINNESOTA STATE BUILDING CODE WITH THE EXCEPTION OF THE
OPTIONAL APPENDIX CHAPTERS, OPTIONAL APPENDIX CHAPTERS
SHALL NOT APPLY UNLESS SPECIFICALLY ADOPTED.
The City Council of the City ofCenterviIle, Minnesota, does ordain:
SECTION 1. CODES ADOPTED BY REFERENCE.
The Minnesota State Building Code, as adopted by the Commissioner of Administration
pursuant to Minnesota Statutes Chapter 16B.59 to 16B.75, including all of the
amendments, rules and regulations established, adopted and published from time to time
by the Minnesota Commissioner of Administration, through the Building Codes and
Standards Division is hereby adopted by reference with the exception of the optional
chapters, unless specifically adopted in this ordinance. The Minnesota State Building
Code is hereby incorporated in this ordinance as if fully set out herein.
SECTION 2. APPLICATION, ADMINISTRATION AND ENFORCEMENT.
The application, administration, and enforcement of the code shall be in accordance with
the Minnesota State Building Code. The code shall be enforced within the extratenitorial
limits permitted by Minnesota Statutes, 16B.62, Subdivision I, when so established by
this ordinance.
This code shall be enforced by the Minnesota Certified Building Official designated by
the City ofCentervll1e to administer the code (Minnesota Statute 16B.65), Subdivision 1.
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SECTION 3. PERMITS AND FEES.
The issuance of permits and the collection of fees shall be as authorized in Minnesota
Statutes, 16B.62, Subdivision 1.
Pennit fees shall be assessed for work governed by this code in accordance with the
Schedule Resolution adopted by the City of Centerville on an annual basis. In addition, a
surcharge fee shall be collected on all pennits issued for work governed by this code in
accordance with Minnesota Statute 16B.70.
SECTION 4. VIOLATIONS AND PENALTIES.
A violation of the code is a misdemeanor (Minnesota Statutes 16B.69) and Minnesota
Rules, Chapter 1300.
SECTION 5. BUILDING CODE OPTIONAL CHAPTERS.
The Minnesota State Building Code, established pursuant to Minnesota Statutes 16B.59
to 16B.75 is hereby adopted as the building code for the City ofCenterville. The code is
hereby incorporated in this ordinance as if fully set out herein.
a. The Minnesota State Building Code includes the following
chapters of Minnesota Rules:
1. Chapter 1300, Administration of the Minnesota
State Building Code;
2. Chapter 1301, Building Official Certification;
3. Chapter 1302, State Building Code Construction
Approvals;
4. Chapter 1303, Minnesota Provisions;
5. Chapter 1305, Adoption of the 2000 International
Building Code
6. Chapter 1306, Special Fire Protection Systems;
7. Chapter 1307, Elevators and Related Devices;
8. Chapter 1309, Adoption of the 2000 International
Residential Guide;
9. Chapter 1311, Adoption ofthe 2002 Guidelines for
the Rehabilitation of Existing Buildings;
10. Chapter 1315, Adoption of the 2002 National
Electrical Code;
11. Chapter 1325, Solar Energy Systems;
12. Chapter 1330, Fallout Shelters;
13. Chapter 1335, Floodproofing Regulations;
14. Chapter 1341, Minnesota Accessibility Code;
15. Chapter 1346, Adoption of the Minnesota State
Mechanical Code;
16. Chapter 1350, Manufactured Homes;
17. Chapter 1360, Prefabricated Structures;
18. Chapter 1361, Industrialized/Modular Buildings;
19. Chapter 1370, Storm Shelters (Manufactured Home
Parks);
20. Chapter 4715, Minnesota Plumbing Code;
21. Chapters 7670, 7672, 7674 and 7678, Minnesota
Energy Code
The following optional provisions identified in the most current edition of the State
Building Code are hereby adopted and incorporated as part of the building code for the
City of Centerville, Minnesota State Statute 1306, 1306.0020 Subpart 2, and 1306.0030
Item E, Option # 1.
Mayor, Terry Sweeney
~~ 1tL.-L
City Clerk, Teresa Bender
'lIe City Council this 11th day ofJune, 2003.
Published in the Quad Community Press on July 15, 2003
Mel11o...
TO: Planning and Zoning Commissioner
FROM: Teresa Bender, City Clerk
SUBJECT: Ordinance #'s 6, 6-A, 7 & 9 & (Ordinance #10, 11, 12 & 15)
DATE: March 31,2005
Staff has been extremely busy and unable to provide you with recommendations
regarding these ordinances (6, 6-A, 7 & 9)
You have not received Ordinance #10, 11, 12 & 15 for review due to the fact that they
have been repealed.
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF CENTERVILLE
ORDINANCE #13
AN ORDINANCe REGuLATINGYHE POSSESSION,SALE,ANDCONSUMPTION OF
INTOXICATING LIQUOR, WINE, AND 3.2 PERCENT MALT LIQUOR WITHIN THE
CITY OF CENTERVILLE, MINNESOTA
THE CITY COUNCIL OF THE CITY OF CENTERVILLE, MINNESOTA DOES HEREBY
REPEAL ORDINANCE #'S ii, 12 & 21 AND AMENDS ORDINANCE #13:
Section 1. Adoption of State Law by Reference.
The provisions of M.S. Chapter 340A, as they may be amended from time to time, with
reference to the definitions, terms, conditions of operation, restrictions onconsumption,
provisions relating to sales, hours of sale, and all other matters pertaining to the retail
sale, distribution, and consumption of intoxicating liquor and 3.2 percent malt liquor are
hereby adopted by reference and are made a part of this ordinance as if set out in full.
It is the intention of the City Council that all future amendments to M.S. Chapter340A
are hereby adopted by reference or referenced as if they had been in existence at the
tinte this ordinance is adopted.
Section 2. City may be more Restrictive than state Law.
The Council is authorized by the provisions of M.S. 340A.509, as it may be amended
from time to time, to impose, and has imposed in this ordinance, additional restrictions
orithe sale and possession - of alcoholic beverages within its limits beyond those
contained in M.S. Chapter 340A, as it may be amended from time to time.
Section 3. Definitions.
In addition to the definitions contained in Minnesota Statutes, Chapter 340A.101, as it
may be amended from time to time, the following terms are defined for purposes of this
ordinance:
Display - The term "Display" means the keeping, storing, or permitting to be kept or
stored of an alcoholic beverage which has been poured, dispensed or has had its
package seal broken on, in, or at any table, booth, bar or other area of a licensed
premises accessible to the geneJ<lI public, except when the alcoholic beverage is stored
in a normal storage area during non-sale ho~rs.
Interest - The term "Interest" as used in this ordinance includes any pecuniary interest
in the ownership, operation, management or profits of a liquor establishment, but does
not include: bona fide loans; bona fide fixed sum rental agreements; bona fide open
accounts or other obligations held with or without security arising out of the ordinary and
regular course of business or selling or leasing merchandise, fIXtures or supplies to
such establishment; or any interest of 5 percent or less in any corporation holding a City
liquor license. A person who receives monies, from time to time, directly or indirectly
from a licensee in the absence of a bona fide consideration therefor and excluding bona
fide gifts or donations, shall be deemed to have a pecuniary interest in such retail
L__
City of Centerville
Ordinance #13 (Liquor)
08/28/02
license. In determining "bona fide," the reasonable value of the goods or things received
as. consideration Jor the payment of the licensee and all other facts reasonably tending
to prove or disprove the existence of any purposeful scheme or arrangement to evade
any prohibitions under this ordinance shall be considered.
licensed Premises - The term "Licensed Premises" is the premises described in the
approved license application. In the case of a restaurant, club, or exclusive liquor store
licensed for on-sales of alcoholic beverages and located on a golf course, "licensed
premises" means the entire golf course except for areas where motor vehicles are
regularly parked or operated.
Operating Manager - The term "Operating Manager" as used in this ordinance means
a person designated by the license holder who works at the licensed premises and is in
charge of day-to-day liquor sales.
Properly Designated Officer - The term "Properly Designated Officer" means and .
includes (i) the City Fire Inspector or Fire Chief; (Ii) the City Building Official, Building .
Inspector, or Administrator; and (iii) the Health Inspectors employed by Anoka County or
the State of Minnesota acting in the course of the scope of their employment.
Underage Person - The term "Underage Person" means a person who is under the
legal drinking age as provided by Minnesota Statutes Chapter 340A.
liquor - As used in this ordinance, without modification by the words "intoxicating" or
3.2 percent malt" includes both intoxicating liquor and 3.2 percent malt liquor..
Restaurant - Restaurant means an eating facility, other than a hotel, under the control
of a single proprietor or manager, where meals are regularly prepared on the premises,
where full waitresslwaiter table service is provided, where a customer orders food from
printed menus and where the main food course is served and consumed while seated at
a single location. An establishment which serves prepackaged food that receives heat
treatment and is served in the package or frozen pizza that is heated and served, shall
be considered to be a restaurant for the purposes of this chapter as long as it is
currently licensed as such by Anoka County.
Section 4. Nudity on the Premises of Licensed Establishments is Prohibited.
A. The City Council finds that it is in the best interests of both public
health, safety and general welfare of the people of the city that
nudity is prohibited as provided in this section on the premises of
any establishment licensed under this ordinance. This is to protect
and assist the owner, operators, and employees of the
establishment, as well as patrons and the public in general, from
harm stemming from the physical immediacy and combination of
alcohol, nudity, and sex. The Council especially intends to prevent
any subliminal endorsement of sexual harassment or activities likely
to lead to the possibility of various criminal conduct, including
prostitution, sexual assault, and disorderly conduct. The Council
also finds that the prohibition of nudity on the premises of any
Page 20f17
City of Centervi/le
Ordinance #13 (Liquor)
08/28/02
establishment licensed under this ordinance, as set forth in this
section, reflects the prevailing community standards of the city.
B.
It is unlawful for any licensee to permit or allow any person or
" persons on the licensed premises when the person does not have"
their buttocks, anus, genitals and female breasts covered with a
non-transparent material. It is unlawful for any person to be on the
licensed premises when the person does not have their buttocks,
anus, genitals and female breasts covered with a non-transparent
material. This paragraph shall also apply to non-alcohol under age
events on the licensed premises.
C.
It is unlawful for any licensee to permit or allow any male and/or
female swim suit competition on the licensed premises during any
non alcohol under age event.
D.
A violation of this section is a misdemeanor punishable as provided
by law, and is justification for revocation or suspension of any
liquor, wine, or 3.2 percent malt liquor license Or the imposition of a
civil penalty under the provisions of this ordinance.
Section 5. Consumption in Public Places.
Except as otherwise provided for herein, no person shall consume intoxicating liquor or
3.2 percent malt liquor in a public park, on any public street, sidewalk, trail, parking lot
or alley, or in any pUblic place other than on the premises of an establishment licensed
under this ordinance, in a municipal liquor dispensary if one exists in the city, or where
the consumption and display of liquor is lawfully permitted.
Section 6.
This Section has been left blank for future use.
Section 7. Term and Expiration of Licenses.
No person, except as otherwise provided .in Minnesota Statutes Chapter 340A shall
directly or indirectly deal in, sell, keep for sale or deliver any intoxicating Iiquor,3.2
percent malt liquor, or wine as part of a commercial transaction without first having
received a license to do so as provided in this ordinance; nor shall any private club or
public place, directly or indirectly, or upon any pretense or by any device, allow the
consumption or display of intoxicating IiqlJor or serve any liquid for the purpose of
mixing with intoxicating liquor without first obtaining a license from the City as provided
in this ordinance.
Each license shall be issued for a maximum period of one year. All licenses except
temporary licenses, shall expire on December 31 of each year unless another date is
provided by ordinance. All licenses shall expire on the same date. Temporary licenses
expire according to their terms.
Page 3 of 17
City of Centerville
Ordinance #13 (Liquor)
08/28/02
Section 8. Kinds of liquor License.
The following types of licenses may be issued up to the number specified in this
ordinance:
A. On-Sale 3.2 Percent Malt Liquor License
On-sale 3.2 percent malt liquor licenses which may be issued only
to restaurants, hotels, clubs, bowling centers and establishments
used exclusively for the sale of 3.2 percent malt liquor with the
incidental sale of tobacco and soft drinks.
B. Off-Sale 3.2 Percent Malt Liquor License
C. Temporary 3.2 Percent Malt liquor License
Temporary 3.2 percent malt liquor licenses which may be issued
only to a dub, charitable, religious, or nonprofit organization.
D. Off-Sale Intoxicating liquor License
Off-sale intoxiCating liquor licenses, which may be issued only to
exclusive liquor stores or dfU9 stores that have an off-sale license
which was first issued on or before May 1, 1994. The fee for an off-
sale intoxicating liquor license established by the Council under
Section 9 shall be set by annual Fee Schedule adopted by Council
which may be permitted by M.S. 340A.408, subd. 3, as it may be
amended from time to time.
E. On-Sale Intoxicating Liquor License
On-sale intoxicating liquor licenses, which may be issued to the
following establishments as defined in M.S. 340A.101, as it may be
amended from time to time, and this ordinance: hotels, restaurants,
bowling centers, clubs,. or congressionally chartered veterans
organizations and exclusive liquor stores. Club licenses may be
issued only with the approval of the Commissioner of Public Safety.
The fee for club licenses established by the Council under Section
9 of this ordinance, shall not exceed the amounts provided for in
M.S. 340A.408, subd. 2(b), as it may be amended from time to
time.
The Council may in its sound discretion authorize a retail on-sale
licensee to dispense intoxicating liquor off the licensed premises at
a community festival held within the city under the provisions of
M.S.340.404, subd. 4b, as it may be amended from time to time.
The Council may in its sound discretion authorize a retail on-sale
licensee to dispense intoxicating liquor off the licensed premises at
Page 4of17
City of CenleNille
Ordinance #13 (Liquor)
08128102
any convention, banquet, conference, meeting, or social affair
conducted on the premises of a sports, convention or cultural
facility owned by the city, under the provisions of M.S.340.404,
subd. 4a, as it may be amended from time to time.
-~.=.,.-
F. On-Sale Sunday Liquor license
On-sale Sunday liquor licenses which may be issued only after
authorization to do so by voter approval at a general or special
election as provided by M.S. 340A.504, subd. 3, as it may be
amended from time to time. Sale of alcoholic beverages in
conjunction with the sale of food on Sunday begins at 10:00 a.m. if
the applicant is in conformance with the Minnesota Clean Air Act.
G. Combination On-Sale ( Off-Sale Intoxicating Liquor License'
This license may be issued if the City has a population less than
10,000.
H. On-Sale Temporary Intoxicating Liquor License
Temporary on-sale intoxicating liquor licenses, with the approval of
the City Council, which may be issued only in connection with a
social event sponsored by a club, charitable, religious, or other
nonprofit corporation that has existed for at least three years.' No
license shall be for longer than four consecutive days, and the City
shall issue no more than 24 days worth of temporary licenses to
anyone organization in one calendar year;
I. ~ On-Sale Wine License
On-sale wine licenses which may be issued with the approval of the
Commissioner of Public Safety to: restaurants having facilities for
seating at least 25 people at one time and meet the criteria of M.S.
340A.404, subd. 5, as it may be amended from time to time, and.
which meet the definition of a restaurant in Section 3 of this
ordinance; and to licensed bed and breakfast facilities which meet
the criteria in M.S.340A.401, subd. 1 as it may be amended from
time to time. The fee for an on-sale wine license established by the
Council under the provisions of Section 9 of this ordinance shall not
exceed one-half of the license fee charged for an on-sale
intoxicating liquor license. The holder of an on-sale wine license
who also holds an on-sale 3.2 percent malt liquor license is
authorized to sell malt liquor with a content over 3.2 percent (strong
beer) without an additional license.
Section 9. License Fees: Pro Rata: Payment: Refunds Retail License Fees.
PageSof17
City of Centervilie
Ordinance #13 (Liquor)
08/28/02
Annual Fees. The annual fees for all licenses and temporary licenses are set forth by
Council Resolution.
A. No license or other fee established by the city shall exceed any limit
establishedby-M.S.340A, as it may be amended from time to time~
for a liquor license.
B. The Council may establish from time to time by ordinance or
resolution the fee for any of the liquor licenses it is authorized to
issue. The license fee may not exceed the cost of issuing the
license and other costs directly related to the enforcement of the
liquor laws and this ordinance. No liquor license fee shall be
increased without providing mailed notice of a hearing on the
proposed increase to all affected licensees at least 30 days before
the hearing.
C. Prorated Fees. The fee for all licenses, except temporary licenses,
granted after the commencement of the license year shall be
prorated on aquarterly basis. .
D. Payment. All license fees shall be paid in full at the time the
application is filed with the city. If the application is denied, the
license fee shall be returned to the applicant except for any costs
incurred by the City for investigation of the application/applicant.
E. Refunds. License fees shall be refunded if an application for a
license is denied by the City Council, except where rejection is for a
willful misstatement in the license application. No part of the fee
paid for any issued license shall be refunded except as authorized
under Minnesota Statutes Section 340AA08, subd. 5, upon
application to the City Clerk within 20 days of the happening of any
event provided under Minnesota Statutes Section 340AA08,
subdivision 5, and except as provided in Section 9 D.
Section 10. Council Discretion to Grant or Denv a License.
The Council in its sound discretion may either grant or deny the application for any
license or for the transfer or renewal of any license. No applicant has a right to a
license under this ordinance.
Section 11. Aoplication for License.
A. Forrn. Every application for a license issued under this ordinance
shall be on a form provided by the city. Every application shall
state the name of the applicant, the applicant's age, with references
as the Council may require, the type of license applied for, the
business in connection with which the proposed license will operate
and its location, a description of the premises, whether the
applicant is owner and operator of the business, how long the
Page 6of1?
City of Cenlerville
Ordinance #13 (Uquor)
08/28/02
applicant has been in that business at that place, and other
information as the Council may require from time to time. An
application for an on-sale intoxicating liquor license shall be in the
form prescribed by the Commissioner of Public Safety and shall
also contain the information required in this section. The form shall .
be verified and filed with the city. No person shall make a. false
statement in an application.
B. Financial Responsibility. Prior to the issuance of any license
under this ordinance, the applicant shall demonstrate prQof of
financial responsibility as defined in M.S.340A.409, as it may be
amended from time to time, with regard to liability under
M.S.340A.801, as it may be amended from time to time. This proof
will be filed with the City and Commissioner of Public Safety. Any
liability insurance policy filed as proof of financial responsibility
under this section shall conform to M.S. 340A.409, as it may be
amended from time to time. Operation of a business which is
required to be licensed by this ordinance without hewing on file with
the city at all times proof of financial responsibility to include liquor
liability/dram shop, general liability, and workers compensation
insurance coverage is a cause for revocation of the license.
1. Liquor Liability/Dramshop. Proof of financial responsibility
shall be given by filing one of the following:
a. A certificate that there is in effect an annual
aggregate insurance policy for dram. shop
insurance of not less than statutory
requirements per policy year to cover each
person, each occurrence, property damage
each occurrence, loss of means of support per
person, loss of means of support each >
occurrence, and policy aggregate; or
2. A certificate of the State Treasurer that the licensee has
deposited with him $100,000 in cash or securities which may
legally be purchased by savings banks or trust funds having
a market value of $100,000.
C. General Liability. Proof of financial responsibility shall be given by
filing a certificate that there is in effect for the license period an
insurance policy or pool providing at least $50,000 of coverage
because of bodily injury to any one person in anyone occurrence,
$100,000 because of bodily injury to two or more persons in any
one occurrence, $10,000 because of injury to or destruction of
property of others in any one occurrence, $50,000 for loss of
means of support of anyone person in anyone occurrence, and
$100,000 for loss of means of support of two or more persons in
anyone occurrence.
Page 70f17
City of CentelVllIe
Ordinance #13 (Liquor)
08/28/02
D. Workers' Compensation Insurance. The policy limits for workers' .
compensation insurance shall be as provided for by state law.
E. Additional Requirements. The liability insurance required by this
section must provide that it may not be canceled for any cause by
either the insured or the insurer unless the canceling party has first
given ten days' notice in writing to the City of intent to cancel the
policy.
All corporations, partnerships, and associations must designate an Operating Manager.
The Operating Manager must be a person designated by the licensed premises who is
in charge of day-to-day liquor sales.
Execution of Application
If the application is by an individual, it shall be signed and sworn to by such person; if by
a corporation, by an officer thereof; if by a partnership, by one of the partners; if by an
incorporated association, by the operating officer or managing officer thereof. If the
applicant is a partnership, the application, license, and insurance policy shall be made
and issued in the name of all partners. It shall be unlawful to make any false statement
in an application. Falsification is a cause for revocation or denial of the license.
Section 12. Description of Premises.
The application shall specifically describe the compact and contiguous premises within
which liquor may be dispensed and consumed. Except as for otherwise provided for
herein.
Section 13. Applications For Renewal.
At least 90 days before a license issued under this ordinance is to be renewed, an
application for renewal shall be filed with the city. The decision whether or not to renew
a license rests with the sound discretion of the Council. No licensee has a right to have
the license renewed.
The general procedure for renewal is as follows:
A. The city will mail all application forms by September 30 with a letter
stating the timeframes and requirements for completion of the
application process. The form used will be the Minnesota
Department of Public Safety Renewal of Liquor, Wine of Club
License (form PS9093-98 or the most current form used by Alcohol
and Gambling Enforcement).
B. Licensees will return the required forms to the city by October 30.
Page 8 007
City of Centerville
Ordinance #13 (Liquor)
08/28/02
C. Applicants are responsible to verify information on citations and
violations with the Chief of Police prior to October 30 and
submission to the city.
D. The Council shall place on the agenda each year at the first.~"O
scheduled Council meeting in November to review and hear
testimony by any interested individual or party conceming the'
renewal of liquor licenses. This process allows for appeal of a
denied license and the required approval from the state prior to the
December 31 license expiration date.
E. Approvals are contingent upon licensee proof of required payment
of insurances, property taxes, and city utility bills.
F. The application shall specifically describe the compact and
contiguous premises within which liquor may be dispensed and
consumed. Except as for otherwise provided for herein.
G. The Chief of Police is requested to provide Council by October 15
each year, a. summary of officer calls and the nature of those calls
to'licensed establishments. The Chief of Police is also requested to
report a graphical depiction of alcohol related issues such as
citations and arrests for driving under the influence or alcohol
related infractions for the previous 3 year period.
H. The City Administrator shall verify all information prior to issuing a
license. '
Section 14. Transfer of License.
No license issued under this ordinance may be transferred without the approval of the
Council. Any transfer of stock of a corporate licensee is deemed to be a transfer of the
license, and a transfer of stock without prior Council approval is a ground for revocation
of the license. An application to transfer a license shall be treated the same as an
application for a new license, and all of the provisions of this ordinance applying to
applications for a license shall apply.
Death of Licensee
In the event of the death of a person holding a license, the personal representative of
that person shall be allowed to continue to operate the business within the terms of the
license for a period not to exceed 180 days after the death of the licensee.
Section 15. Investiaation.
A. Preliminary background investigation. On an initial application for a
license, on an application for transfer of a license and, in the sound
discretion of the Council that it is in the public interest t6 do so, on
an application for renewal of a license, the city shall conduct a
preliminary background investigation of the applicant or it may
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City of Centerville
Ordinance #13 (Liquor)
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contract with the Commissioner of Public Safety for the
investigation. The applicant shall pay with the application an
investigation fee of $500 which shall be in addition to any license
fee. If the cost of the preliminary investigation is less than $500,
the unused balance shall be retumed to the applicant. Theresults
of the preliminary investigation shall be sent to the Commissioner of
Public Safety if the application is for an on-sale intoxicating liquor
license or an on-sale wine license.
B. Comprehensive background investigation. If. the results of the
preliminary investigation warrant, in the sound discretion of Council,
a comprehensive background investigation, the Council may either
conduct the investigation itself or contract with the Commissioner of
Public Safety for the investigation. The investigation fee for this
comprehensive background investigation to be paid by the
applicant shall be $500, less any amount paid. for the initial
investigation if the investigation is to be conducted within the state,
and $10,000, less any amount paid for the initial investigation, in
the investigation is required outside the state. The unused balance
of the fee shall be retumed to the applicant whether or not the
application is denied. The fee shall be paid in advance of any
investigation and the amount actually expended on the investigation
shall not be refundable in the event the application is denied. The
results of the comprehensive investigation shall be sent to the
Commissioner of Public Safety if the application is for an on-sale
intoxicating liquor license or an on-sale wine license.
Section 16. Hearintl and Issuance.
The Council shall investigate all facts set out in the application and hot investigated in
the preliminary or comprehensive background investigations. Opportunity shall be
given to any person to be heard for or against the granting of the license at the first
scheduled Council meeting in November for renewals or at the time of review for a new
application. After the investigation and hearing, the Council in its sound discretion may
grant or deny the application. No license shall become effective until the proof of
financial security has been approved by the Commissioner of Public Safety.
Should the City Council deny the applicant's request for a license due, partially or solely,
to the applicant's prior conviction of a crime, the City Council shall notify the applicant of
the grounds and reasons for the denial; the applicable complaint and grievance
procedure as set forth in Minnesota Statutes, Section 364.06; the earliest date the
applicant may reapply for a license; and that all competent evidence of rehabilitation will
be considered upon reapplication.
Section 17. Restrictions on Issuance.
A. Each license shall be issued only to the applicant for the premises
described in the application.
Page 100f17
City of Centerville
Ordinance #13 (Liquor)
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B. No license shall be granted or renewed for operation on any
premises on which taxes, assessments, utility charges, service .
charges or other financial claims of the city are delinquent and
unpaid.
""-ice.,-,,,,,,...
C. No license shall be issued for any place or business ineligible for a
license under state law.
D. No new license shall be granted within 500 feet of any school or
church. The distance is to be measured from the closest side of
the church or school to the closest side of the structure on the
premises within which liquor is to be sold. The provisions of this
paragraph shall not apply to any existing license existing on the
. effective date of this ordinance or to the renewal of an existing
license as long as the establishment is in compliance with
applicable zoning regulations.
Section 18. Conditions of License.
Every licensee is responsible for the conduct of the place of business. The act of an
employee on the licensed premises is deemed the act of the licensee as well, and the
licensee shall be liable. to all penalties provided by this ordinance equally with the
employee.
The failure of the licensee to meet anyone of the conditions of the license specified
below,shall result in suspension ofthe license until the condition is met.
A. Every licensee shall allow any peace officer or health officer to
conduct compliance checks.
B. No on-sale establishment shall display liquor to the public during
the hours when the sale of liquor is prohibited.
C. Compliance with financial responsibility requirements of state law
and this ordinance is a continuing condition of any license.
Section 19. Hours and Davs of Sale.
A. The hours of operation and days of sale shall be as those set by
M.S. 340A.504, as it may be amended from time to time.
B. No person shall consume nor shall anyon-sale licensee permit any
consumption of intoxicating liquor or 3.2 percent malt liquor in an
on-sale licensed premises more than 30 minutes after the time
when a sale can legally occur.
C. No on-sale licensee shall permit any glass, bottle, or other
container containing intoxicating liquor or 3.2 percent malt liquor to
remain upon any table, bar, stool or other place where customers
Page 11of17
City of Centerville
Ordinance #13 (Liquor)
08128102
are served, more than 30 minutes after the time when a sale can
legally occur.
D. No person other than the licensee and any employee shall remain
on the on-sale licensed premises more than 30 minutes after the
time when a sale can legally occur.
E. Any violation of any condition of this section may be grounds for
revocation of suspension of the license.
Section 20. Restrictions Involving Underage Persons.
A. No licensee, his agent, or employee shall serve or dispense upon.
the licensed premises any intoxicating or 3.2 percent malt liquor to
a person under the legal drinking age; nor shall such licensee, or
his agent or employee, permit any such person to be furnished or
allowed to consume any such liquors on the licensed premises; nor
shall such licensee; his agent, or employee, permit any such
person to be delivered any such liquors.
B. No person under the legal drinking age shall enter a licensed
premises for the purpose of purchasing or consuming any alcoholic
beverage:
C. No person under the legal drinking age shall consume or receive
delivery of intoxicating or 3.2 percent malt liquor.
D. No person under the legal drinking age shall possess any
intoxicating or 3.2 percent malt liquor. Possession of an alcoholic
beverage by a person under the legal drinking age at a place other
than the household of the parent or guardian is prima facie
evidence of intent to consume it at a place other than the
household of the person's parent or guardian.
E. Misrepresenting Age. No underage person shall misrepresent the
person's age for the purpose of obtaining intoxicating liquor or 3.2
percent malt liquor, nor shall the person enter any premises
licensed for the retail sale of intoxicating liquor or 3.2 percent malt
liquor for the purposes of purchasing or having served or delivered
any alcoholic beverage. Nor shall any such person purchaSe,
attempt to purchase, consume, or have another person purchase
for the underage person any intoxicating liquor or 3.2 percent malt
liquor.
F. Identification Requirements
1. Identification Required.
Any person shall, upon demand of the licensee, his
employee, or agent, produce and permit to be
Page 120f17
City of Centerville
Ordinance #13 (Liquor)
08/28/02
examined one of the forms of identification provided
under Minnesota Statutes Section 340A.503, subd. 6.
2. Prima Facie Evidence.
In every prosecution for a violation of the provisions of ""
this section relating to the sale or fumishing of
intoxicating liquor or 3.2 percent malt liquor
beverages to underage persons and in every
proceeding before the Council with respect thereto,
the fact that the underage person involved has
obtained and presented to the licensee, his employee
or agent, a driver's license, passport or identification
card from which it appears that said person was not
an underage person and was regularly issued such
identification card, shall be prima facie evidence that
the licensee, his agent or employee ;s not guilty of a
violation of suc~ a provision and shall be conclusive
evidence that a violation, if one has occurred, was not
willful or intentional.
Section 21.
-'
This Section has been left blank for future use.
Section 22. Revocation or Suspension of License.
The Council may suspend or revoke any license for the sale of intoxicating or 3.2
perce~t malt liquor for any of the following reasons:
A. False or misleading statements made on a license application or
renewal, or failure to abide by the commitments, promises or
representations made to the City Council.
B. Violation of any special conditions under which the license was
granted, including, but not limited to, the timely payment of real
estate taxes, and all other charges.
C. Violation of any Federal, State, or local law regulating the sale of
intoxicating liquor, 3.2 percent malt liquor, or controlled substance.
D. Creation of a nuisance on the premises or in the surrounding area.
E. That the licensee suffered or permitted illegal acts upon the
licensed premises or on property owned or controlled by the
licensee adjacent to the licensed premises, unrelated to the sale of
intoxicating liquor or 3.2 percent malt liquor.
Page 13of17
City of Centerville
Ordinance #13 (Liquor)
08/28/02
F. Expiration or cancellation of any required insurance, or failure to
notify the City within a reasonable time of changes in the term of
the insurance or the carriers.
Section 23. Hearina Notice For Revocation or Suspension of License.
Revocation or suspension of a license by the City Council shall be preceded by public
hearing conducted in accordance with Minnesota Statutes Section 14.57 to 14.70. The
City Council may appoint a hearing examiner or may conduct a hearing itself. The
hearing notice shall be given at least 10 days prior to the hearing, include. notice of the
time and place of the hearing, and state the nature of the charges against the licensee.
Section 24. Prohibited Conditions.
A. Prostitution. No licensee shall knowingly permit the licensed
. premises or any room in those premises or any adjoining building
directly under the licensee's control to be used by prostitutes.
B. Controlled Substances. No licensee shall knowingly permit the
sale, possession or consumption of controlled substances on the
licensed premises in violation of state law.
C. Gambling. Gambling and gambling devices, with the exception of
licensed charitable gambling organizations, are not permitted on
licensed premises. State lottery tickets may be purchased and sold
within licensed premises as authorized by the director of the state
lottery.
Section 25. Inactive License.
The City Council may revoke the intoxicating liquor or 3.2 percent malt liquor license of
any establishment granted a license that is not under construction and exhibiting
satisfactory progress toward completion within 6 months from its issuance, or any
establishment that ceases operation for a period of 6 months. A hearing shall be held to
determine what progress has been made toward opening or reopening the
establishment and, if satisfactory progress is not demonstrated, the Council may revoke
the license.
Section 26. Building Changes.
Proposed enlargement or substantial alteration which changes the character of the
establishment, or extension of premises previously licensed shall be reported to the City
Clerk at or before the time application is made for a building permit for any such
change. The enlargement, substantial alteration or extension shall not be allowed
unless the Council approves an amendment to the license.
Section 27. Public Character of Liquor Sales.
No sale of liquor shall be made to or in guest rooms of hotels unless:
Page 140f17
Cily of Centerville
Ordinance #13 (Liquor)
08/28/02
A. the rules of such hotel provide for the service of meals in guest
rooms;
. B. the sale of such liquor is made in the manner on-sales are required
to be made;- ..
C. such sale accompanies and is incidental to the regular service of
meals to guests therein;
D. the rules of such hotel and the description, location, and number of
such guest rooms are fully set out in the application for the liquor
license.
Section 28. Presumptive Civil Penalties.
A. Purpose. The purpose of this Section is to establish a standard by
which the City Council determines the length of license
suspensions and the propriety of revocations, and shall apply to all
premises licensed. under this ordinance. These penalties are
presumed to be appropriate for every case; however, the Council
may deviate in an individual case where the Council finds that there
exist substantial reasons making it . more appropriate to deviate,
such as, but not limited to, a licensee's efforts in combination with
the State or City to prevent the sale of alcohol to minors. When'
deviating from these standards. the Council will provide written
findings that support the penalty selected.
B. Minimum Penalties for Violations. The minimum penalties for
convictions or violations must be presumed as follows (unless
specified, numbers below indicate consecutive days' suspension):
The following violations require revocation of the license on the first
violation:
· Commission and/or of a felony related to the licensed
activity.
· Sale of alcoholic beverages while license is under
suspension.
· Sale of intoxicating liquor where only license is for 3.2
percent malt liquor.
Any violation not listed in the previous information would be heard
by the Council and they would review all information and
circumstances' and determine a penalty with the maximum fine' of
$2,000 and/or 60-day suspension or determine the license should
be revoked.
License holders have the right to request a hearing before the City
Council if not in agreement with the presumptive penalty. The City
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City of Centerville
Ordinance #13 (Liquor)
08/28/02
Administrator also has the right to request a hearing before the
Council if he/she/they believe there exists substantial reason
making it appropriate to deviate from the presumptive penalty. If the
City Administrator and licensee agree on the presumptive penalty,
these will be reported to the City Council in a staff report.
C. Multiple Violations. At a licensee's first appearance before the
Council, the Council must act upon all of the violations that have
been alleged in the notice sent to the licensee. The Council in that
case must consider the presumptive penalty for each violation
under the first appearance column in subsection (8) above. The
occurrence of multiple violations is grounds for deviation from the
presumed penalties in the Council's discretion.
D. Subsequent Violations. Violations occurring after the notice of
hearing has been mailed, but prior to the hearing, must be treated
as a separate violation and dealt with as a second appearance
before the Council, unless the City Administrator and licensee
agree in writing to add the violation to. the first appearance. The
same procedure applies to a second, third, or fourth appearance
before the Council.
E. Subsequent Appearances. Upon a second, third, or fourth
appearance before the council by the same licensee, the Council
may impose the presumptive penalty for the violation or violations
giving rise to the subsequent appearance without regard to the
particular violation or violations that were the subject of the first or
prior appearance. However, the Council may consider the amount
of time elapsed between appearances as a basis for deviating from
the presumptive penalty imposed by this Section.
F. Computation of Violations. Multiple violations are computed by
checking the time period of the three years immediately prior to the
date of the most current violation.
G. Other Penalties. Nothing in this Section shall restrict or limit the
authority of the council to suspend up to sixty (60) days, revoke the
license, impose a civil fine not to exceed two thousand dollars
($2,000.00), to impose conditions, or take any other action in
accordance with law; provided, that the license holder has been
afforded an opportunity for a hearing in the manner provided in this
Chapter.
H. Notification. If a licensed establishment is cited for a violation of
this ordinance, the Chief of Police must provide a letter of
notification to the licensee and the City Council through the City
Administrator within 30 days after the violation occurred.
Regular Penalty Grid:
Page 160f17
City of Centerville
Ordinance #13 (Liquor)
08/28/02
Type of First Second Third Fourth
License Violation Violation Violation Violation
On-sale $500 and $1,000 and $2,000 and
Intoxicating 5 Days 10 Days 15 Days~" "' Revocation
Li uor Sus ension. Sus ens ion Sus ension
Off-sale $500 and $1,000 and $2,000 and
Intoxicating 3 Days 7 Days 12 Days Revocation
Li uor Sus ension Sus ens ion Sus ension
On-sale $500 and $1,000 and $2,000 and
Beer and 5 Days 10 Days 15 Days Revocation
Wine Sus ension Sus ension Sus ension
Off-sale $1,000 and $1,500 and $2,000 and
3.2 Malt 10 Days 20 Days 40 Days Revocation
Sus ension Sus ens ion Sus ension
Section 29. Effective Date.
This ordinance shall be effective immediately upon the date of its publication.
Adopted by the City Council of Centerville this 28th day of August, 2002.
Tim Swedberg
Mayor
Attested:
Teresa Bender
City Clerk
Page 17 of17
Minnesota Statutes 2004, 340A.414
Page 1 of2
Minnesota Statutes 2004. Table of Chapters
Table of contents for Chapter 340A
340A.414 Consumption and display permits.
'su5clIvision..i".-permit::-- required'~' No business
establishment or club which does not hold an on-sale
intoxicating liquor license may directly or indirectly allow the
consumption and display of alcoholic beverages or knowingly
serve any liquid for the purpose of mixing with intoxicating
liquor without first having obtained a permit from the
,commissioner.
Subd. la. Additional authorization. A holder of a
consumption and display permit under this section who wishes to
allow the consumption and display of intoxicating liquor between
the hours of 1:00 a.m. and 2:00 a.m. must obtain authorization
to do so from the commissioner. The authorization may be
provided in a document issued to the permit holder by the
commissioner, or by a notation on the permit holder's permit.
Authorizations are valid for one year from the date of
issuance. The annual fee for obtaining authorization is $200.
Tbe commissioner shall deposit all fees received under this
subdivision in the alcohol enforcement account in the special
revenue fund. A person who holds a consumption and display
permit and who also holds a license to sell alcoholic beverages
at on-sale at the same location is not required to obtain an
authorization under this subdivision.
Subd. 2. Eligibility for permit. (al The
commissioner may issue a permit under this section only to:
(1) an applicant who has not, within five years prior to
the application, been convicted of a felony or of viOlating any
provision of this chapter or rule adopted under this chapter;
(2) a restaurant;
(3) a hotel;
(4) an establishment licensed for the sale of 3.2 percent
mal t liquor;
(5) a resort as defined in section 157.15; and
(6) a club qS defined in section 340A.101, subdivision 7,
or an uninc~rporated club otherwise meeting that definition.
(b) The commissioner may not issue a permit to a club
holding an on-sale intoxicating liquor license.
Subd. 3. Only authorized to permit the consumption and
display. A permit issued under this section authorizes the
establishment to permit the consumption and display of
intoxicating liquor on the premises. The permit does not
authorize the sale of intoxicating liquor.
http://www.revisor.Jeg.state.rnn.us/stats/340A! 414 .h1ml
11/29/2004
Minnesota Statutes 2004, 340A.414
Subd. 4. Permi t expiration. All permits issued under
this section expire on March 31 of each year.
Subd. 5. Local consent required. A permit issued
under this section is not effective until approved by the
governing body of the city or county where the establishment is
located.
Subd. 6.
a permit under
city or county
additional fee
Permit fees. The annual fee for issuance of
this section is $150. The governing body of a
where the establishment is located may impose an
of not more than $300.
Subd. 7. Inspection. An establishment holding a
permit under this section is open for inspection by the
commissioner and the commissioner's representative and by peace
officers, who may enter and inspect during reasonable hours.
In~oxicating- liquor sold, served, or displayed in violation of
law may be seized and may be disposed of under section 297G.20.
Subd. 8. Lockers. A club issued a permit under this
section may allow members to bring and keep a personal supply of
intoxicating liquor in lockers on the club's premises. All
bottles kept on the premises must have attached to it a label
signed by the member. No person under 21 years of age may keep
a supply of intoxicating liquor on club premises.
Subd. 9. One-day city permits. A city may issue a
one-day permit for the consumption and display of intoxicating
liquor under this section to a nonprofit organization in
conjunction wit,h a social activity in the city sponsored by the
organization. The permit must be approved by the commissioner
and is valid only for the day indicated on the permit. The fee
for the permit may not exceed $25. A city may not issue more
than ten permits under this section in anyone year.
HIST: 1985 c 305 art 6 s 14; ISp1985 c 16 art 2 s 3 subd 1;
1987 c 152 art 1 s 1; 1989 c 209 art 1 s 34; 1991 c 249 s
17,18,31; 1995 c 198 s 11; 1995 c 207 art 9 s 60; 1997 c 179 art
2 s 4; ISp2003 c 19 art 2 s 58
* NOTE: Subdivision la, as added by Laws 2003, First Special
*Session chapter 19, article 2, section 58, is repealed July 1,
*2005, provided that the commissioner of revenue has made the
*report to the secretary of state of the determination described
*in Laws 2003, First Special Session chapter 19, article 2,
*section 76, paragraph (b), by that date. If no such
*determination has been made by that date, subdivision la remains
*in effect. Laws 2003, First Special Session chapter 19, article
*2, section 79, subdivision 3.
Copyright 2004 by the Office of Revisor of Statutes, State of Minnesota.
http://www.revisoI.Ieg.state.mn.us/stats/340A/414.html
Page 2 of2
11/29/2004
Effective: 5/26/82
City ofCenterville Ord. #14
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF CENTERVILLE
ORDINANCE #14
AN ORDINANCE ESTABLISHING REGULATONS FOR LAND IMPROVEMENT AND STREET
CONSTRUCTION PROVIDING SPECIFICATIONS FOR CONSTRUCTION AND THE USE OF
CERTAIN MATERIALS AND PROVIDING FOR THE MANNER IN WHICH IMPROVEMENTS
AND CONSTRUCTION SHALL BE COMPLETED IN THE VILLAGE OF CENTERVILLE.
The City Council of the City ofCenterville does ordain:
SECTION 1. PURPOSE AND JURISDICTION.
Pursuant to the applicable statutory authority of the Village of Centerville to regulate, control
and maintain Village streets as provided n Minnesota Statutes, the following regulations and
specifications including the exlnbit and exhibits hereto are established.
The specifications set forth herein shall apply to all streets hereafter constructed within the City
of Centerville and are considered as additional safeguards made necessary through the rapid
growth and expansion of the City.
SECTION 2. DEFINITIONS:
For the purpose of this ordinance certain words and terms are hereby defined as follows:
Specification: A detailed statemeut of particulars. A detailed description setting forth the
dimensions, materials, workmanship, and general conditions under which any given type of
construction is to be undertaken and carried forward by a contractor for the City of Centerville.
Right-of-way: The land covered by a public road or other land dedicated for public use or for
certain private use such as land over which a power line passes.
Sub-base: The part of the roadbed to be constructed between an elevation which is twelve (12)
inches below the profile grade and an elevation which is three (3) inches below the profile grade.
Sub-grade: The top of the sub-base which is an elevation three (3) inches below the profile
grade.
Base: The top three (3) inches of the driving surface of the street being that part which is to be
stabilized with a bituminous material.
Page 1 of5
Effective: 5/26/82
City ofCenterville Ord. #14
Profile Grade: The grade shown on the profile which accompanies the plans for the project. It is
the proposed finished grade for the street.
Driving Surface: Width of the roadway lying between two (2) gutter lines as constructed.
Stabilized Base: Top three (3) inches of the driving surfuce in this ordinance stabilized using an
asphaltic material.
City Standard: The typical plan, cross section or detail of construction which is approved by the
City Council of the City of Centerville, for all construction of similar nature.
Plant Mix Bituminous Material: A sand and gravel aggregate mixed with a specified bituminous
material in a stationary or traveling mixing plant.
Drainage: The removal of surface and storm water from any given area.
Municipal Water Supply: The furnishing of water through a water system which is owned and
controlled by a municipality in which it is located.
Subdivision or Plat: A parcel of land divided into smaller parts such as blocks or lots; also
means a tract of land which is redivided anew after first division.
Unimproved Lot: One which bas been sold to an individual buyer in an unimproved state, that
is, without any building having been constructed thereon.
Partial Maintenance: Should include only that maintenance which is necessary to pennit access
over the public street to the homes or buildings which might be constructed in a given area at all
seasons of the year.
Rough Grading: The grading work which has been done to bring the area within the street right
--Qf -way to approximately the designed finish grade.
Bituminous material: Referred to in this ordinance is a cutback asphalt material or an asphaltic
cement.
Prime Coat: A light coat of bituminous material applied to a surface prior to the placing of a
mixture of aggregate or aggregate and bituminous material.
Street Access: The right and ability to pass from a lot to a public street without the necessary of
crossing private property.
Storm Sewers: A pipe line installed underground for the purpose of carrying surface water from
any given area.
Catch Basins: A structure usually placed at or near the gutter line of a street and designed to
receive surfuce or storm water through an opening and provide a passage-way into an
underground storm sewer or culvert.
Page 2 of 5
Effective: 5/26/82
City ofCenterville Ord. #14
Manhole: A structure usually placed over a sewer with an opening at ground level and designed
in such a way as to permit access to the sewer for the purpose of cleaning or inspection.
Boulevard: The area of the right-of-way which is located between the gutter line of the street
and property line on each side. Sometimes referred to as a sidewalk bench.
Building Permit: A written permit issued by the City ofCenterville to allow the recipient to
construct or cause to be constructed any type of building or structure on any property or land
within the limits ofthe City.
SECTION 3. BillLDING PERMITS:
No building permits will be issued for any construction within the City unless the building site is
located on an existing street which is being maintained by the City or unless provisions for street
grading and construction have been made in full compliance with this ordinance.
SECTION 4. PETITION:
Before any improvement of any kind whatsoever is undertaken with in the public tight -of-way,
whether such right-of-ways is located in new subdivisions or in an existing subdivision or plat,
the owners shall petition the City Council for the improvement thereof.
SECTION 5. PETITION FORMS:
Petitions for any improvement in the street right-of-way shall be submitted to the City Council
for its approval. Petitioners shall use the approved City fonn which has been prepared for that
purpose, these forms can be obtained from the City Clerk or the City Administrator free of
charge.
SECTION 6. ENGINEERS PRELIMINARY REPORT:
Upon the receipt of a petition from any property owner or owners, the Council shall secure from
the City Administrator, a report advising it in a preliminary way as to whether the proposed
improvement is feasible and as to whether it should best be made as proposed or in connection
with some other improvement and the estimated cost of the improvement is recommended.
SECTION 7. PLANS, SPECIFICATIONS, AND BIDS:
After the improvement is ordered by the City Council they shall instruct the engineer to prepare
plans and specifications for the project. After these plans and specifications have been submitted
to the Council by the Administrator and approved by said Council, the clerk shall be instructed
by the Council to advertise for bids for the construction of the project. This advertising, when
necessary, shall be for such length of time as the Council deem advisable. This procedure to be
in accordance with the provisions of Chapter 389 Laws of 1953.
Page3 of 5
Effective: 5/26/82
City ofCenterville Ord. #14
SECTION 8. PUBLIC HEARING:
After bids have been received, but before any contract is let or any work is ordered by day labor
for any improvement, the City shall hold a public hearing on the proposed improvement
following two (2) publications in the newspaper ofanotice starting the time and place of the
hearing, the general nature of the improvement, the estimated cost, the area proposed to be
assessed, and that the City Council proposes to proceed under the authority granted by Chapter
398 Laws ofl953.
SECTION 9. PARTIAL STREET CONSTRUCTION:
It shall not be the intent ofthis ordinance to force the construction ofall of these streets in any
subdivision. The owner or developer shall be permitted to petition for the construction of certain
streets in the subdivision without having to include all ofthe streets at anyone time. In
constructing part of the streets, it will be necessary for the owner or developer to include streets
which will make a complete circuit, that is, they shall leave a finished street and return to a
finished street so that there will be no dead ends when the construction has been completed.
Building permits shall be issued only for those lots having access to a street which has been
constructed or for which agreements are on file with out having to include all of the streets at any
one time.
SECTION 10. STREETS HAVING LESS THAN STANDARD WIDTH:
In cases where any temporary or permanent street has a width less than 60 feet, the design and
specifications for construction shall be considered as special. The City Administrator shall
design such street in such a way as he deems best of the contemplated use. The petitioner shall
be required to enter into special agreements pertaining to the construction of these streets.
SECTION 11. PARTIAL MAINTENANCE:
After a street has been completed to a point where it can be used and after building permits have
been issued for construction of buildings on property fronting on said streets, the street shall be
placed on the routine maintenance list of the City. Snow plowing operations will be carried on in
the winter time and general balding operations in the summer time on these streets at the expense
of the City. This shall not in any way constitute final acceptance by the City and such
maintenance or partial acceptance of the Council shall not have any effect upon agreements existing between the City and the owner for further improvements on such streets.
SECTION 12. SANITARY SEWERS:
Wherever sanitary sewers are available, the owner of any new subdivision shall be required to
connect each and every house to such sewer system. All of this work shall be done prior to th
stabilization of any street base. This shall also apply in cases where detailed plans and
specifications for sanitary sewers to serve the district in which the subdivision is located are
available.
Page 4 of5
Effective: 5/26/82
City of Centerville Ord. # 14
SECTION 13. V ARlATIONS AND EXCEPTIONS:
The Council may permit variations from these requirements in specific cases which, in its
opinion do not affect the general sense ofthis ordinance.
SECTION 14. VALIDITY:
If any sectioll, subscriptioll, sentence, clause or phrase of this ordinance is, for any reasoll, held
to be invalid, such decision shall not affect the validity of the remaining portions of this
ordinance.
SECTION 15. CONFORMANCE WITH EXISTING CODES AND REGULATIONS:
The provisions of this ordinance are in addition to and not in replacement of the provisions of the
existing city building code and the existing zoning ordinance. Any provisions ofthe city
building code and zoning ordinances relating to platting shall remain in full force and effect
except as they may be contradictory to the provisions hereof.
SECTION 16. EFFECTIVE DATE:
This ordinance shall be in full force and effect from and after its passage and publication
according to law.
Adopted by the City Council of the City of Centerville, Minnesota
Dated this 26th day of May, 1982.
ATTEST:
Ro~er J Hap1?v
Village Clerk
Mayor
Page 5 of5
STATE OF MINNESOTA
COUNTYOFANOKA
CITY OF CENTERVILLE
ORDINANCE #16
AN ORDINANCE REGULATING THE USE OF HIGHWAYS WITHIN THE CITY OF
CENTERVILLE, AND THE IMPOSING PENALTIES FOR THE VIOLATION THEREOF.
The City Council of the City ofCenterville, Minnesota, does ordain:
SECTION 1. CARELESS DRNING.
No person shall operate or halt any vehicles upon a street or highway within the City of
Centerville, Minnesota, carelessly or heedlessly in disregard of the rights or safety of others or in
a manner so as to endanger or be likely to endanger any person or property.
SECTION 2. SPEED REGULATIONS.
1. No person driving a vehicle within the City of Centerville shall drive the same at a speed
greater than is reasonable and prudent under the conditions and having regard to the
actual and potential hazards then existing. In every event speed shall be so restricted as
may be necessary in order to avoid colliding with any person, vehicle or other
conveyance on or entering the highway in compliance with legal requirements and the
duty of all persons to use due-care. No person shall drive a vehicle at such a slow speed
as to impede or block the normal and reasonable movement of traffic except when
reduced speed is necessary for safe operation or in compliance with law.
2. No vehicle shall be driven thereon at a speed in excess of 3D miles per hour on any street
on which a different speed has not been established by the commissioner of highways
under M.S.A., Sect. 169.14. On any street where a different speed zone has been so
established and signs have been posted calling attention to such zone, no vehicles shall be
driven in the village at a speed greater than that indicated on such signs.
SECTION 3. OPERATING AND TURNING VEHICLES.
Upon all highways within the City of Centerville of sufficient width, except upon one way
streets, or except upon those with tree traffic lanes established and plainly marked thereon, the
driver of a vehicle shall drive the same upon the right, half of the roadway and shall drive a slow
moving vehicle as closely as possible to the right-hand edge or the curb of such highway, unless
it is impracticable to travel on such side of the highway and except when overtaking and passing
another vehicle. No person shall stop or turn a vehicle or change from one traffic lane to another
unless the same can be done with safety and without interfering with the normal flow of
pedestrian and vehicle traffic, and if any other vehicle may be affected, the intention to make
such stop, change of position or turn shall be indicated by the driver by extending his left arm
from and beyond the left side of the vehicle in a manner specified by law or by using an
approved and efficient device to give such warning and by giving an audible warning by
sounding the horn if necessary to warn pedestrians.
Effective: 6/6/69
City ofCenterville Ord. #16
SECTION 4. PARKING REGULATIONS.
1. Every vehicle parked upon any street with a curb shall be parked parallel to the cub and with the
right hand wheels within 12 inches of the curb. On other streets a vehicle shall be parked to the
right of the main traveled portion thereof and parallel thereto and in such a manner as not to
interfere with the free flow of traffic. The foregoing requirements shall not apply however, to
any vehicle disabled upon any street, but any police officer of the City may require the person in
charge thereof to move it to a place of safety; and if such movement is not made or if any motor
vehicle is left alone or abandoned in any such position, the officer may provide for the removal
of such vehicle to the nearest convenient garage or other place of safe keeping.
2. No person shall stop, stand or park a vehicle, except when necessary to avoid conflict with other
traffic or in compliance with the directions of a police officer or traffic control device, in any of
the following places.
. On a sidewalk.
. In front of a public or private driveway.
. With in an intersection.
. Within 10 feet of a fire hydrant.
. On a crosswalk.
. Within 20 feet of a crosswalk at an intersection.
· Within 30 feet upon the approach to any flashing beacon, stop sign, or traffic-control
signal located at the side of a roadway.
· Between a safety zone and the adjacent curb or within 30 feet of points on the curb
immediately opposite the ends of a safety zone, unless a different length is indicated by
signs or makings.
· Within 20 feet of the driveway entrance to any fire station, within 75 feet of said entrance
when properly sign posted.
· Alongside or opposite any street excavation or obstruction when such stopping, standing,
or parking would obstruct traffic.
· On the roadway side of any vehicle stopped or parked at the edge or curb of a street.
. At any place where official signs prohibit stopping.
3. No person shall, for camping purposes, leave or park a house trailer on any street or the right of
way thereof.
4. No person shall stop or park a vehicle on a street when directed to proceed by any police officer
with authority to direct traffic.
5. No vehicle shall be parked on any street for the purpose of displaying it for sale.
6. No vehicle, except an emergency vehicle on an emergency call, shall be parked on a street
between 3:00 a.m. and 7:00 a.m. and no vehicle shall in any case be parked in any municipal
parking lot for a longer continuous period than 48 hours.
7. No person shall turn a vehicle on any street where posted otherwiSe so as to reverse its direction.
SECTION 5. THROUGH STREETS.
The chief of police may designate any street as a through street and any intersection as a stop
intersection where necessary to preserve the free flow of traffic and to prevent accident; and he
shall post appropriate signs at the entrance to such streets or intersections; but no trunk highway
shall be designated as a through street and no intersection on a trunk highway shall be
Page 2 of 5
Effective: 6/6/69
City of Centerville Ord. # 16
designated as a stop intersection unless the consent of the Commissioner of Highways to such
designation is first secured. Every driver of a vehicle shall bring his vehicle to a full stop before
entering any sop street or intersection properly designated and posted as such by the
Commissioner of Highways or the chief of police.
SECTION 6. DUTIES OF DRIVERS AFTER ACCIDENTS.
1. The driver of a vehicle involved in an accident resulting in injury to or death of any
person or damage to any vehicle which is driven or attended by any person shall stop and
give his name, address, and the registration number of the vehicle he is during and shall
upon requests and if available exhibit his driver's or chauffeur's license to the person
struck or to the driver or occupant of or person attending any vehicle collided with. He
shall render reasonable assistance to any person injured in such accident.
2. The driver of any vehicle which collides with and damages any unattended vehicle shall
immediately stop and shall then and there either locate and notify the driver or owner of
the vehicle of the name and address of the driver and owner of the vehicle striking the
unattended vehicle, shall report the same to a police officer, or shall leave in a
conspicuous place in the vehicle struck a written notice giving the name and address of
the driver and of the owner of the vehicle doing the striking.
3. The driver of a vehicle involved in an accident resulting in injury to or death of any
person, shall, after compliance with the provisions of the state law and subsection (a) of
this section, give notice of such accident by the quickest means of communication to the
police department.
4. The driver of a vehicle involved in an accident resulting in injury to or death of any
person or total property damage to an apparent extent of $50 or more shall promptly
forward a written report of the accident to the police department and the Commissioner of
Highways. Such report shall be on the appropriate form approved by the Commissioner
of Highways.
SECTION 7. DRIVER'S LICENSE, VEHICLE OWNERSHIP.
No person shall drive or operate a vehicle upon any street in the City without having in his
possession, as required by the laws of the State of Minnesota, a valid driver's license or
chauffeur's license. No person shall drive a motor vehicle belonging to another without the
owners consent.
SECTION 8. EQUIPMENT, USE OF.
1. No person shall drive or operate a motor vehicle on any street within the City unless such
motor vehicle is equipped with a muffler in good working order and in constant operation
to prevent excessive or unusual noise. It shall be unlawful to use a "muffler cut-out" on
any motor vehicle upon any such street.
2. No vehicle shall be used upon any street in the City without lighting equipment, a
windshield wiper, a rear vision mirror, a horn or other waming device, front and rear
bumpers, and brakes as required by the state highway traffic regulation act. Lamps shall
be lighted at all times when any such vehicle is operated upon the streets of the City from
a half hour after sunset to a half hour before sunrise and at any other time when there is
not sufficient light to render persons and vehicles clearly discernible 500 feet ahead upon
Page 3 of5
Effective: 6/6/69
City ofCenterville Ord. #16
the street, except that when a vehicle is parked upon the street during those hours,
parking lights shall be lighted.
SECTION 9. EMERGENCY VEHICLES.
The speed limitation of this ordinance shall not apply to vehicles when operated with due regard
for safety, under the direction of police officers in the chase or apprehension of violators of the
law or persons charged with or suspected of any such violation, or to fire departments of fire
patrol vehicles when traveling in response to a fire alarm, or to public ambulances in emergency
use or service.
When a fire alarm shall be sounded or when the warning device of any emergency vehicle shall
be sounded, all vehicles upon the streets of the City shall draw to the right side of the street and
permit such vehicle to pass. No vehicle of any kind shall precede fire apparatus to a fire using
the same street that it is using. No vehicle shall follow fire apparatus which has stopped in
answer to a fire alarm. No vehicle shall be driven over any unprotected hose of a fire department
when laid down on any street or private driveway to be used at any fire or alarm of fire, without
the consent of the fire department official in command.
SECTION 10. DRNING UNDER THE INFLUENCE OF LIQUOR OR NARCOTICS.
No person who is an habitual user of narcotic drugs or who is under the influence of narcotics or
liquors shall drive or operate a vehicle on any street within the City, and no person shall consume
liquor while an occupant of a vehicle upon any street in the City.
SECTION 11. PEDESTRIANS.
Pedestrians shall move when practicable upon the right half of crosswalks. Pedestrians shall
cross streets in accordance with signals at controlled intersections. When traffic at intersections
is not controlled, motor vehicles shall yield the right of way, slowing down or stopping if need
be to so yield, to a pedestrian crossing the roadway within a crosswalk when the pedestrian is
upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is
approaching so closely from the opposite half of the roadway as to be in danger, but no
pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a
vehicle which is so close that it is impossible for the driver to yield. No vehicle shall pass
another vehicle that has stopped at a marked crosswalk or at an intersection for a pedestrian to
pass. At any point other than a crosswalk or at an intersection for a pedestrian to pass. At any
point other than a crosswalk, pedestrians shall yield the right of way to motor vehicles. This
shall not relieve the driver of any motor vehicle of the obligation to use due care. No person
shall stand in the roadway for the purpose of soliciting rides. Pedestrians walking upon a
roadway shall walk near the left side of the roadway, giving way to oncoming traffic.
SECTION 12. GLASS AND OTHER INJURIOUS SUBSTANCE ON HIGHWAYS.
So person shall throw or deposit glass, metal, garbage, tin cans, or any other similar substance
upon any highways, and anyone who drops or throws, or permits to b dropped or thrown any
such destructive or injurious substance shall immediately cause the same to be removed. Any
wrecked or damaged vehicle on a street shall be removed there from without unreasonable delay,
and pending removal shall be guarded during the period when lights are required on vehicles
with proper lights, equal in intensity to ordinary parking lights, or by red flares; and which
Page 4 of 5
.
.
Effective: 6/6/69
City of Centerville Ord. #16
removed, no glass or injurious substance shall be left upon the street or roadway by the person
removing the vehicle.
SECTION 13. PENALTY.
Any person convicted of violating any of the provisions of this ordinance shall be guilty of a
misdemeanor and shall be punished by a fine of not to exceed $100.00 or by imprisonment in the
City or County j ail for a period of not to exceed 90 days; but if a minimum fine or imprisonment is
prescribed by the state highway traffic act for an offense, such penalty shall apply to a person
convicted of the same offense under this ordinance.
Adopted by the City Council this 6th day ofJune, 1969.
ATTEST:
(Signature on File)
Gary Barott, Mayor (president of Council)
(Signature on File)
Roger J. Happy, Clerk
Amended February 9,1972
Published in the Blaine Life April 21, 1972
Amended March 28, 1984
Published in the Circulating Pines April 5, 1984
Amended December 12, 1984
Published in the Circulating Pines January 10, 1985
Amended February 12, 1986
Published in the Quad Community Press February 25,1986
Amended January 14, 1987
Published in the Quad Community Press February 10, 1987
Page 5 of 5
Effective: 5/8/91
CityofCenterville Ord. #20-A
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF CENTERVILLE
ORDINANCE # 20-A
AN ORDINANCE GRANTING TO NORTHERN STATE~ POWER COMPANY, A MINNESOTA
CORPORATION, ITS SUCESSORS AND ASSIGNS, PERMISSION TO CONSTRUCT, OPERATE,
REPAIR AND MAINTAIN IN THE CITY OF CENTERVlLLE, MINNESOTA, AN ELECTRIC
DISTRIBUTION SYSTEM AND TRANSMISSION LINES, INCLUDING NECESSARY POLES,
POLE LINES, FIXTURES AND APPURTENANCES, FOR THE FURNISIDNG OF ELECTRIC
ENERGY TO THE CITY AND ITS INHABITANTS, AND OTHER AND TO USE THE PUBLIC
WAYS AND PUBLIC GROUNDS OF SAID CITY FOR SUCH PURPOSES.
THE CITY COUNCIL OF THE CITY OF CENTERVlLLE, ANOKA COUNTY, MINNESOTA, DOES
ORDAIN:
SECTION 1. There be and hereby is granted to Northern States Power Company, a Minnesota
corporation, its successors and assigns, hereinafter referred to as "Company", during the
period of 20 years from the date hereof, the right and privilege of constructing, operating,
repairing, and maintaining, in, on, over, under, and across the streets, alleys and public
grounds of the City of Centerville, Anoka County, Minnesota, hereinafter referred to as
"City" an electric distribution system and electric transmission lines, including poles, pole
lines, and fixtures and appurtenances, usually conveniently, or necessarily used in
connection therewith, for the purpose of transmitting and furnishing electric energy for
light, heat, power and other purposes for public and private use in and to said City and the
inhabitants thereof, and others, and for the purpose of transmitting into and through said
City such electric energy, provided that such electric distribution system and transmission
lines shall be so located as in no way to interfere with the safety and convenience of
ordinary travel along and over said streets, alleys, and public grounds, and provided that
Company, in the construction, operation, repair and maintenance of such poles, pole lines,
and fixtures and appurtenances, shall be subject to such reasonable regulation as may be
imposed by the City Council.
SECTION 2. The service to be provided and the rates to be charged by Company for electric service in
the City shall be subject to the jurisdiction of the Public Utilities Commission of this State.
Company shall provide reasonably efficient and adequate service to members of the public
within the City who apply for such service in accordance with the rules and regulations of
Company.
SECTION 3. There is also granted to Company, during the term hereof, permission and authority to trim
all trees and shrubs in the streets, alleys, and public grounds of said City which may
interfere with the proper construction, operation, repair, and maintenance of any poles, pole
lines, and fixtures and appurtenances, installed in pursuance of the authority hereby
Page 1 00
Effective: 5/8/91
City of Centerville Ord. #20-A
granted, provided that Company shall save said City harmless from any liability in the
prennses.
SECTION 4. Company shall indemnify, keep and hold city free and harmless from any and all liability
on account of injury to persons or damage to property occasioned by the construction,
maintenance, repair or operation of Company's electric facilities located in, on, over,
under, or across the public ways and public grounds of City, unless such injury or damage
grows out of the negligence of City, its employees, or agents, or results from the
performance is nevertheless ordered or directed by City after notice of Company's
determination. In the event a suit shall be brought against City under circumstances where
the above agreement to indemnify applies, Company at its sole cost and expense shall
defend City in such suit if written notice thereof is promptly given to Company within a
period wherein Company is not prejudiced by lack of such notice. If such notice is not
reasonably given as hereinbefore provided, Company shall have no duty to indemnity nor
defend. If Company is required to indemnify and defend, it will thereafter have complete
control of such litigation, but Company may not such litigation without the consent of City,
which consent shall not be unreasonably withheld. This section is not, as to third parties, a
waiver of any defense or immuuity otherwise available to City; and Company, in defending
any action on behalf of City shall be entitled to assert in any action every defense or
immuuity that City could assert in its own behalf
SECTION 5. The City shall give the Company at least two weeks prior written notice of a proposed
vacation of a public way. Except where required solely fro a City improvement project, the
vacation of any public way, after the installation of electric facilities, shall not operate to
deprive Company of its rights to operate and maintain such electric facilities, until the
reasonable cost of relocating the same and the loss and expense resulting from such
relocation are first paid to Company. In no case, however, shall City be liable to the
Company for failure to specifically preserve a right-a-way under Minnesota Statutes,
Section 160.29.
SECTION 6. Company shall have full right and authority to assign to any person, persons, firm, or
corporation all the rights conferred upon it by this Ordinance, provided that the assignee of
such rights, by accepting such assignment, shall become subject to the terms and provisions
of this Ordinance.
SECTION 7. Company shall, if it accepts this Ordinance and the rights and obligations hereby granted,
file a written acceptance of the rights hereby granted with the City Clerk within ninety (90)
days after the final passage and any required publication of this Ordinance.
SECTION 8. This Ordinance shall be in full force and effect from and after its passage, any publication
required by law, and acceptance by Company.
SECTION 9. Where a provision of any other Ordinance conflicts with the provisions of this Ordinance,
the provisions of this Ordinance shall prevail. Notice to Company shall be mailed to the
Regional General Manager, thereof at 1700 East County Road E, White Bear Lake,
Minnesota, 55110, and any notice to City shall be mailed to the CITY CLERK.
Page 2 of3
Passed and approved: May 8, 1991
George Haberman, Mayor
Attest:
Tamara M. Miltz-Miller, City Clerk
Signatures on file.
Printer's Affidavit of Publication on file.
Page 3 of3
Effective: 5/8/91
City ofCenterviIle Ord. #20-A
Effective: 7/27/88
City ofCenterville Ord: #22A
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF CENTERVILLE
ORDIANCE # 22 A
AN ORDINANCE ESTABLISIDNG THE OFFICE OF ~ CLERK/ADMINISTRATOR.
ARTICLE I - GENERAL
11.01 - Ordinance # 22, adopted July 20, 1971 and amended October 11, 1978 is hereby
repealed.
11.02 - The offices of Clerk and Treasurer shall be combined into a new office entitled
"Clerk/Administrator" of the City of Centerville. The Clerk/Administrator" shall have
the duties and responsibilities set forth below.
ARTICLE 2 - DUTIES
20.01 -Direct the administration of the City affuirs as provided by City Council action, state, .
Coordinate with the City Council in the administration of City affairs.
20.02 - Perform all functions of Clerk and Treasurer imposed by Minnesota Statutes and/or City
ordinance.
20.03 - Coordinate and enforce all ordinances, regulations, and law enforcement policies of the
City Council and all laws of the State of Minnesota applicable within the City.
20.04 - Prepare an annual fiscal budget and capital improvement plan for submission to the City
Council Maintain financial guidelines for the City within the scope of the approved
budget and capital program. Submit monthly reports to the City Council of the financial
condition of the City's accounts.
20.05 - Administrator an account book/records in which shall be entered all money transactions
ofthe City, including dates, amounts and the personlbusiness from whom the money was
received or paid out to. Administer expenditure of funds only within the limits
established and approved by the City Council.
20.06 -Attend and participate in all City Council meetings. Attend, with discretion, or by
invitation other committee and commission meetings.
20.07 -Coordinate City programs and activities as authorized by the City Council which in the
opinion of the City Council qualifies the person for the position.
30.05 - Ability to coordinate development, to collect and analyze material for reporting, to
conduct and implement studies, procedures, operations, and organization.
Page 1 of2
Effective: 7/27/88
City of Centerville Ord: #22A
ARTICLE 4 - BONDING
40.01 -Clerk/Administrator shall be bonded, at City expense. This shall be a position bond,
which will indemnify the municipality.
ARTICLE 5 - ABSENCE OR TEMPORARY VACATION
50.01 -In the absence of, or temporary vacancy in the position of Clerk/Administrator the title of
Clerk/Administrator as written in all ordinances and or resolutions adapted by the City
Council, shall be replaced by title of City Council.
ARTICLE 6 - APPOINTMENT
60.01 -Clerk/Administrator shall be appointed by the City Council with a majority vote.
60.02 -Removal of the Clerk/Administrator will be by a majority vote of the City Council.
ARTICLE 7 - EFFECTIVE DATE
70.01 - This ordinance shall be effective from and after its passage and publication in accordance
with law.
Adopted by the City Council this 27th day of July 1988.
City of Centerville
Leon R. L' Allier, Mayor
Attest:
Tamara M. Miltz-Miller
Signatures on file.
Page 2 of2
CITY OF CENTERVILLE
PLANNING AND ZONING COMMISSION
FEBRUARY 28, 2005
Pursuant to due call and notice thereof, the Planning and Zoning Commission held their
regularly scheduled meeting on February 28, 2005, at 6:30 p.m.
PRESENT:
Chairperson Brian Hanson
Commissioner Jennefer K1ennert Hunt
Commissioner JeffHanzal
Commissioner Bob Wright
Commissioner Tom Wood t
CommissionerD. Love "0
None ..
APpro~ed
ABSENT:
COUNCIL:
Liaison Council Member Broussard Vickers Absent
STAFF:
Mr. Palzer
L CALL TO ORDER
1. Roll Call
The meeting was called to order at 6:31 p.m.
The Chair thanked all who attended the evening due to the rescheduling of the
meeting.
II. APPEARANCESIPRESENTATION(S)
None.
m. PUBLIC HEARING(S)
None.
IV. OLD BUSINESS
I. Ordinance # 17 A - Snowmobile
Chair Hanson stated that he had taken numerous complaints from residents
regarding snowmobilers driving on City streets and driving through resident's
yards, close distances to individuals and children and damage to individual
driveways from suds.
Planning & Zoning Commission
February 23, 2005
Meeting Minutes
Mr. Doug Koppy, Rice Creek Trail Association, stated that their organization
grooms and maintains the trails. Mr. Koppy also stated that the cities of Circle
Pines and Lino Lakes have similar ordinances. Mr. Koppy then stated that the
City of Lino Lakes has cut their complaints down quite a bit due to their police
involvement. Mr. Koppy felt that what is important is that the City of Centervi1le
provides a way for residents to gain access to their trails and that the City could
ban snowmobiles however the problems would most likely continue as people
continue to achieve access to other communities that allow snowmobiles.
Chair Hanson questioned the best route for individuals to connect to the Rice
Creek Trail Association trails. Mr. Koppy stated that along Centerville Road and
Main Street. Mr. Koppy stated that the snowmobile manufacturers have limited
snowmobiles with studs and it is not as bad as it used to be. Mr. Koppy also
stated that the right-of-way is not owned by the individual property owner.
Chair Hanson stated that the snowmobilers are to be riding on the roadway not in
the right-of-way. Chair Hanson also stated that there are "no snowmobile" signs
south of Goiffon Road and they continue to ride there. Chair Hanson presented
several pictures showing tracks near signs near the Church and LaMotte Park.
Discussion ensued regarding the fact the police need to catch the individual(s) in
the act to ticket them. Clarification was made by Mr. Koppy regarding obtaining
gas from both gas stations and snowmobilers frequenting Kel1y's Komer. Mr.
Koppy stated that he himself has stopped snowmobilers riding near the lake. Mr.
Koppy contends that riders are not reading the signs. Mr. Koppy also stated that
if several riders receive tickets, by word of mouth or in the paper news travels
quickly and riders fo1low the rules more closely. Mr. Koppy requested that a
reminder be placed on the sides of the streets. Chair Hanson stated that every
year it is placed on the sign outside of City Ha1l. Mr. Koppy asked whether these
violators are local or whether they are trailering their snowmobiles into the area.
Chair Hanson stated that both are the case.
Commissioner Hanzal felt that word of mouth would not work with individuals
from other communities. Commissioner Love stated that it appears that even if
signs were placed a1l over town it would not matter and that enforcement is key.
Commissioner Wood felt that most conscientious people will fol1ow the rules.
Chair Hanson felt that it was primarily enforcement and same is difficult.
Mr. Koppy questioned how many commissioners rode snowmobiles. None of the
commissioners stated that they rode. Chair Hanson stated that it is the through
streets not cul-de-sacs that are receiving snowmobile traffic.
Commissioner Wright stated that it is very difficult for officers to enforce due to
speed and alternative priorities. Chair Hanson stated that the public safety is of
utmost importance. Chair Hanson stated that he himself felt that discussion
should be had in regards to this ordinance and public safety is extremely
important. Mr. Koppy felt that enforcement was key to whether snowmobiles
Planning & Zoning Commission
Februtuy 23, 2005
Meeting Minutes
were banned or not. Chair Hanson stated that the police believe that if there was
an entire ban it would be easier to enforce. Mr. Koppy stated that narrowing the
flow has aided in other communities. It was suggested that Chair Hanson speak
with violators near his home. The Rice Creek Association stated that if the
numbers for the registered snowmobile are obtained a description of the rider and
snowmobile and forwarded to the Department of Natural Resources and they will
enforce same. Chair Hanson questioned the DNR's jurisdiction on City streets.
Consensus of the Association was that they do.
Chair Hanson stated that the Commission has considered allowing areas for
trailering snowmobiles that are near the existing trails. Mr. Koppy stated that
some snowmobilers would prefer not to ride that way.
Commissioner Love stated that his thoughts are regarding enforcement and the
police. Commissioner Hanzal felt that he should not have to place a camera or
physically catch the riders to enforce the ordinance. Commissioner Hanzal also
stated that he does not feel safe allowing his children to be in his front yard due to
snowmobilers leaving the roadway to save their snowmobile's wear and tear due
to lack of snow on the roadway. Chair Hanson stated that as soon as he leaves
they return to his yard. Chair Hanson also stated that he has had them 30 feet into
his front yard and that he is concerned with public safety. Chair Hanson stated
that if you get one trail in your yard then others follow or even go further into the
yard for fresh snow. The commission requested that the Association provide any
assistance that they can to help enforce the ordinance. Chair Hanson stated that it
is one individual that can ruin it for all riders.
Chair Hanson stated that the problems have slowed near St. Genevieve's Church
and it may have to do with the Goiffon Road street vacation. Commissioner
Hanzal questioned the trail entrance and exit. Mr. Koppy stated that their trail or
guide is to Kelly's and Trio Inn and obtaining gas. Chair Hanson stated that with
the widening of CSAHI4 there will be no riding along Main Street unless it is
within residential areas. It was felt that it individuals would be riding along
Center Street, Birch to 20th Avenue instead and that these areas are a much larger
concern. There was discussion regarding whether the County would allow riding
in the ditch along Main Street. Consensus was that it would be very unsafe and
the Commission's concern remains the same, resident safety.
Mr. Koppy stated that their main trail is up by the Compost and they will need to
contact Anoka County regarding their crossing and how same will be affected by
the widened road. Mr.Koppy felt that the Association could eliminate the
entrance but that may cause more problems with traffic finding alternative routes
throughout residential areas within the community. Chair Hanson questioned Mr.
Palzer whether banning could take effect on a certain date such as in 2006 and
hold public hearings now. Mr. Pa1zer stated that same would be a good way to
get the word out. Commissioner Klennert Hunt suggested that with publication of
ordinance amendments, trailering areas could also be contained in an attempt to
Planning & Zoning Commission
February 23, 2005
Meeting Minutes
notify residents and snowmobilers of modifications and areas prohibited. Mr.
Palzer stated that with the Main Street widening project and the Church of St.
Genevieve's new building, areas will be limited in the future for riding within
town. Mr. Koppy felt that their trail will eventually be phased out with
development and growth. Chair Hanson was extremely disappointed with the
lack of turnout this evening.
Commissioner Wright thanked the Rice Creek Association for their advice
regarding the Department of Natural Resources (ONR). Mr. Koppy suggested
that if the numbers are unavailable, that the address of where the snowmobile( s)
came from could be provided to the DNR and they can cross reference same.
The Commission thanked the Association for their time and suggestions.
Discussion ensued regarding the timing if total banning is the consensus of the
Commission, Council's consideration, the CSAH 14 project and snow emergency
contingency.
Mr. Palzer felt that a public hearing in September or October 2005 would be best
for additional discussion. It was felt that it should be placed on their agenda for
August 2005.
V. NEW BUSINESS
I. Proposed Ordinance #79 - Construction Site Runoff Control
Mr. palzer stated that Council directed that Bonestroo, Rosene, Anderlik and
Associates provide the City with this ordinance as a part of the Surface Water
Management Plan. Mr. palzer questioned whether the City desired to duplicate
the same requirements and securities as do the Rice Creek Watershed. It was felt
that a security would need to be for at least a year's period of time. Mr. Palzer
stated that currently the City does not have fees contained for this Ordinance
within the current fee schedule. Commissioner Wood felt that a larger dollar
amount for security was needed. Commissioner Klennert Hunt felt that the
MPCA is generally under or low with their suggestions. Commissioner Hanzal
questioned whether this would be a letter of credit, bond or monies. Consensus
was that any of the above would be acceptable. Consensus was that escrow
amounts would be a minimum of $3,000.00 and for a year period. Additional
suggestions regarding penalties, emergency action, dirt mining similar to
Rehbein's were discussed. Mr. Palzer will discuss these issues with the Engineer.
Commissioner Hanzalleft the meeting at 8:09 p.m.
Mr. Palzer felt that a copy of the Rice Creek Watershed Permit should be required
and addressed within Section 79.07 with a new Subsection 5.
L
Planning & Zoning Conunission
February 23, 2005
Meeting Minutes
Consensus was that language regarding street cleaning should be modified.
Motion bv Commissioner K1ennert Hunt. seconded bv Commissioner Wood
to aDDroved as Dresented with the recommended modifications. All in favor.
Motion carried unanimouslv.
2. Church of St. Genevieve Comprehensive Plan Amendment
VL DISCUSSION ITEMS
1. Ordinances #6 & 6A
Tabled until next meeting.
Motion bv Commissioner Hanson. seconded bv Commissioner Wril!ht to
table this issue until the ADriI meetinl!. All in favor. Motion carried
unanimouslv.
2. Ordinances #7 - 9
Ordinance #7
It was felt that this ordinance is timely due to Oak Wilt and Ash Disease. The
Department of Forestry or Agriculture or County Extension Office would define
disease or infestation with the caveat of any other diseased or infected trees within
the City. The Commission requested that staff bring Ordinance #7 forward for
their April meeting with recommended modifications by staff
Ordinance #8
The Commission questioned several definitions and language regarding rear yard
sodding requirements. Discussion ensued regarding hydroseeding and the
NPDES requirements. Staff will look into insurance requirements within Section
38.01-14, Insurance. The Commission stated that Section 38.06-01 had two typos
within the sentence on should be one and ear should be year.
Ordinance #9
Instead of Councilman it should be Council Member, with all years should be
eliminated. Consensus was to bring this ordinance back to the Commission at
their April meeting.
3. M-l Zoning Along Main Street to 20th Avenue
Mr. Palzer stated that with the widening ofCSAH 14, numerous businesses and
residential property owners have requested this zoning. Mr. Palzer stated that
Planning & Zoning Conunission
February 23, 2005
Meeting Minutes
several business owners have been working with revitalizing the downtown area
near the old public works site and the City has received a $75,000 grant regarding
the same area.
Chair Hanson stated that he felt commercial development would come before the
development along 20th Avenue. Mr. Palzer stated that with the M-I zoning there
are no buffer zones and zero lot lines for requirements. It was felt that more
controls could be added to the M-I District; however, same would affect the
downtown area. Commissioner Wood felt that the best use of the main
thoroughfare needed to be taken into account rather than the benefit of the current
owners making a profit at sale time. Commissioner Klennert Hunt felt that the
five homes north of CSAHI4 near the intersection of 20'" Avenue is not a true
neighborhood at this time. Mr. Palzer felt that may be the M-I District would be
immediately south ofCSAHI4 immediately near Comer Express.
Consensus was to take some additional time and research on whether to rezone as
Commercial versus MI. Mr. Palzer questioned what the Commission would
favor. It was stated that the five homes north of CSAH 14 and 20th Avenue
should be zoned Commercial. It was felt that more time was needed to consider
the remainder of Main Street to the curve.
vn. CONSIDERATION OF MINUTES
I. February I, 2005 Planning and Zoning Meeting Minutes
Motion bv Commissioner K1ennert Hunt. seconded bv Commissioner D.
Love to aDDroved the Minutes of February 1. 2005. All in favor. Motion
carried unanimouslv.
vm. ADJOURNMENT
Motion bv Commissioner Wood. seconded bv Commissioner Wril!ht to
adiouru the February 28. 2005 Planninl! Commission Meetinl! at 9:08 D.m.
All in favor. Motion carried unanimouslY.
Transcribed by:
Teresa Bender, City Clerk
,
.
~ A,:tervi[[e
'EstaMisnea 1857
1880 :Main Street . Centerviffe,:M:N 55038
(651) 429-3232 . Pa>;.(651) 429-8629
March 7,2005
Mr. Tim Kytonon
Rehbein Companies
8651 Naples Street Northeast
Minneapolis, MN 55449
. ~ At ~y
~0~~\1\~'"
Dear Mr. Kytonon:
As per our telephone conversation of Thursday, March 3,2005 and a conversation with
Rick from your office on February 28, 2005, if the City considered your submitted
request for lot split on 7241 Main Street at present, your request would be denied due to
lack of information. In speaking with Rick from your office you were requested to
supply the City with a plat that included the following items along with those previously
submitted:
.:. Each lot showing the drainage and utility easements around the lots
.:. Easement for the common driveway and incorporate same in legal
description or correspondence/permit from Anoka County
regarding two (2) permitted driveways
.:. Sanitary sewer easements should be shown
.:. Both homes will need to be connected to municipal services
As I stated to you in our conversation, I would be forwarding this letter to you confirming
the City ofCenterville's extension of the 60-day period per State Statute 15.99 (enclosed
for your review) due to lack of information and proper permitting by Anoka County for
driveway access onto CSAH 14. The City is anticipating that the above requested items
will be presented to the City by June 10, 2005. Failure to submit the above stated items
prior to Council's regularly scheduled June 8, 2005 Council meeting will result in
Council's action to deny the presented lot split request.
If you have any additional questions or concerns, please feel free to contact me.
Sincerely,
c~~ xf~
Teresa Bender
City Clerk
Enc.
D;,""' rlWOI'.1!'7t"D'
A:~DVJ...:A. V~.
~ ,-', -"
'j ... ",,,,,'
tervi[[e
'Esta6{isfid 1857
1880 :Main Street . Centerviffe, '!vtN 55038
(651) 429-3232 . 'Fax;. (651) 429-8629
March 8, 2005
I, Mr. Richard S. Carlson on behalf of Richard S. Carlson and Assoc., agree that I am
waiving the time period requirements per Minnesota State Statute 15.99 and its
amendlIlents, for the City to act on my requests for:
Preliminary Plat associated with the Hunters Crossing 3n1 Addition Subdivision submitted
to' ary 10, 2005. It is anticipated that I will appear before the Parks and
ecreation Committ on April 6, 2005, Planning and Zoning Commission on May 3,
2005 and potentially Ci Council on June 8, 2005
----')
Richard S. Carlson
0/'~/~
Dare
.tervi{{e
'Esta6{isfieli 1857
1880 'Main Street . Centerviae, 'M!N 55038
(651)429-3232. 'Fa;c(651) 429-8629
March 8, 2005
Mr. Richard S. Carlson
7671 Central Avenue
Fridley, MN 55432
Dear Mr. Carlson:
Per our meeting today, your submitted preliminary plat request for Hunters Crossing 3rd
Addition is lacking the following information:
Rice Creek Watershed District Approval
Parks and Recreation Committee Recommendation
Planning and Zoning Commission Recommendation
Comprehensive Plan Amendment
Subdivision name verification
The preliminary plat was submitted to the City on February 10, 2005 and falls within
State Statute 15.99 requirements. You have agreed to waive your rights and request an
extension allowing you to appear before Parks and Recreation on April 6, 2005, Planning
and Zoning Commission on May 3, 2005 and potentially Council June 8, 2005.
Attached, please find a 60 day waiver and your request for an extension of Council
consideration of your preliminary plat and supplemental documentation associated with
the Hunters Crossing 3m Addition Subdivision.
Please let me know if you have any questions regarding this matter.
Sincerely,
C~:~~
Teresa Bender
City Clerk, MCMC
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