HomeMy WebLinkAbout2005-02-28 P & Z Agenda
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PLANNING AND ZONING COMMISSION
MEETING AGENDA
MONDAY, FEBRUARY 28, 2005
6:30 p.m.
L CALL TO ORDER
L Roll Call
II. APPEARANCESIPRESENTATION(S)
III. PUBLIC HEARING (S)
IV. OLD BUSINESS
1. Ordinance #17 A - Snowmobile - Contacted Mr. Doug Koppy & Left Message
V. NEW BUSINESS
1. Proposed Ordinance #79 - Construction Site Runoff Control (Public Hearing @
Council Level (3/9/05))
2. Church of St. Genevieve Comprehensive Plan Amendment (Public Hearing @
Council Level (3/9 & 3/23/05))
VL DISCUSSION ITEMS
1. Ordinances #6 & 6A - In the Process of Obtaining Copies
2. Ordinances #7-9
3. M-1 Zoning Along Main Street to 20th Avenue
VII. CONSIDERATION OF MINUTES
1. February 1, 2005 Planning and Zoning Meeting Minutes
VIII. ADJOURNMENT
Page 1 of2
Teresa Bender
From: Halverson, Greg [ghalverson@bonestroo.coml
Sent: Wednesday, February 16, 2005 6:44 PM
To: Teresa Bender; ppalzer@centervillemn.com
Cc: Peterson, Tom W
Subject: Draft Construction Site Runoff Control Ordinance
Teresa and Paul,
Here is the draft Construction Site Runoff Control Ordinance #79. As mentioned in our previous meeting,
we should revise Ordinance #4 Zoning Ordinance (Division 150) and Ordinance #8 (38.01-2) to
reference the requirements ofthis ordinance. Feel free to forward my contact information to the City
Attorney if needed.
For enforcement and penalties, I included a financial security. However, I did not provide the amount.
There are plenty of examples from other communities which could be either written into the ordinance or
referenced. In the example ordinance produced by the MPCA, a $3000/acre security is suggested. I
would suggest something smaller ($1000/acre) with a maximum amount of $10,000 or more for large
subdivisions over 10 acres. In the attached Draft Ordinance (79.08.0), I referenced the 'current City fee
and security structure". If you think it's more appropriate to include the exact numbers in the ordinance,
just let me know and I'll make the necessary changes. If needed, I'm available on Friday (2118) all day
and Tuesday (2122) in the morning to discuss any questions or comments.
Greg Halverson
Bonestroo Natural Resources
Direct: (651) 604-4792
Cell: (612) 703-5859
Fax: (651) 636-1311
From: Teresa Bender [mailto:TBender@centervillemn.com]
Sent: Wednesday, February 16, 2005 8:40 AM
To: Halverson, Greg
Subject: RE:
Thanks so much!
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-----Original Message-----
From: Halverson, Greg [mailto:ghalverson@bonestroo.com]
Sent: Wednesday, February 16, 2005 8:36 AM
To: Teresa Bender
Subject: RE:
This looks good. I'll have a draft ordinance to you by 8:00 tomorrow morning.
2/17/2005
Greg Halverson
Bonestroo Natural Resources
Direct: (651) 604-4792
Cell: (612) 703-5859
Fax: (651) 636-1311
-----Original Message-----
From: Teresa Bender [mailto:TBender@centervillemn.comJ
Sent: Wednesday, February 16, 2005 8:08 AM
To: Halverson, Greg
Subject:
Dear Greg:
Please take a look at this notice and let me know as soon as possible.
Thanks,
2/17/2005
Page 2 of2
Ordinance #79 - Construction Site Runoff Control Ordinance
City of Centerville
79.01 Intent. To promote the health, safety and general welfare of the citizens of
Centerville, Minnesota, by requiring stormwater management practices for construction
activity.
79.02 StatutoI)' Authorization. This ordinance is adopted pursuant to Minnesota
Statutes Section (462.351 for cities and towns, 394.21 for counties having a population
ofless than 300,000 according to the 1950 federal census) (1990).
79.03 Findings. The City ofCenterville hereby finds that uncontrolled land
disturbing activity at construction sites are subject to soil erosion and other pollutants
which enter into receiving water bodies adversely affecting the public health, safety and
general welfare by impacting water quality, creating nuisances, impairing other
beneficial uses of environmental resources and hindering the ability of the City of
Centerville to provide adequate water, sewage, flood control and other community
semces.
79.04 Pw:pose. The purpose of the ordinance is to promote, preserve and enhance
the natural resources within the City of Centerville and protect them from adverse
effects occasioned by poorly sited development or incompatible activities by regulating
land disturbing activities that would have an adverse and potentially irreversible impact
on water quality and environmentally sensitive land; by minimizing conflicts and
encouraging proper installation and maintenance of best management practices (BMPs)
for land disturbing activities; and by requiring detailed review standards and procedures
for land disturbing activities proposed for such areas, thereby achieving a balance
between development, redevelopment, and protection of water quality and natural areas.
79.05 Definitions. For the purpose of this ordinance, the following terms, phrases,
words and their derivatives shall have the meaning stated below. When inconsistent
with the context, words used in the present tense include the future tense, words in the
plural number include the singular number, and words in the singular number include
the plural number. The word "shall" is always mandatory and not merely directive.
A. Ap.plicant. Any person who wishes to obtain a building permit, zoning or
subdivision approval.
B. Best Management Practice (BMP). Erosion and sediment control and water
quality management practices that are the most effective and practicable means of controlling, preventing, and minimizing the degradation of surface water,
including construction-phasing, minimizing the length of time soil areas are
exposed, prohibitions, and other management practices published by state or
designated area-wide planning agencies.
C. Detention facilitv. A permanent natural or man-made structure, including
wetlands, for the temporary storage of run off which contains a permanent pool
of water.
D. Discharge. The release, conveyance, channeling, runoff, or drainage, of
stormwater including snowmelt, from a construction site.
E. Exoosed Soil Areas. All areas of the construction site where the vegetation
(trees, shrubs, brush, grasses, etc.) or impervious surface has been removed, thus
rendering the soil more prone to erosion. This includes topsoil stockpile areas,
borrow areas and disposal areas within the construction site. It does not include
stockpiles or surcharge areas of gravel, concrete or bituminous. Once soil is
exposed it is considered "exposed soil," until it meets the definition of "final
stabilization" .
F. Final Stabilization. Means that all soil disturbing activities at the site have
been completed, and that a uniform perennial vegetative cover with a density of
seventy-five (75) percent of the cover for unpaved areas and areas not covered by
permanent structures has been established, or equivalent permanent stabilization
measures have been employed. Simply sowing grass is not considered final
stabilization.
G. Land disturbing or development activities. Any change of the land surface
including removing vegetative cover, excavating, filling, grading and the
construction of any structure.
H. Person. Any individual, firm, corporation, partnership, franchise, association
or governmental entity.
1. Public waters. Waters of the state as defined in Minnesota Statutes, Section
l03G.OOS, subdivision 15.
J. Retention facilitv. A permanent natural or man made structure that provides
for the storage of storm water runoff by means of a permanent pool of water.
K. Sediment. Solid matter carried by water, sewage, or other liquids.
L. Storm Water Pollution Prevention Plan (SWPPP). A joint stormwater and
erosion and sediment control plan that is a document containing the requirements
of this ordinance, that when implemented will decrease soil erosion on a parcel
ofland and off-site nonpoint pollution.
M. Structure. Anything manufactured, constructed or erected which is normally
attached to or positioned on land, including portable structures, earthen
structures, roads, parking lots, paved storage areas, fences and retaining walls.
N. Waters of the State. As defined in Minnesota Statutes section 115.01,
subdivision 22 the term"... "waters of the state" means all streams, lakes, ponds,
marches, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation
systems, drainage systems and all other bodies or accumulations of water,
surface or underground, natural or artificial, public or private, which are
contained within, flow through, or border upon the state or any portion thereof
o. Wetlands. Lands transitional between terrestrial and aquatic systems where
the water table is usually at or near the surface or the land is covered by shallow
water. For purposes ofthis definition, wetlands must have the following three
attributes:
1. Have a predominance of Hydric soils;
2. Are inundated or saturated by surface or ground water at a frequency and
duration sufficient to support a prevalence ofHydrophytic vegetation
typically adapted for life in saturated soil conditions; and
3. Under normal circumstances support a prevalence of such vegetation.
79.06 Scope and effect.
A. Applicability. Every applicant for abuilding permit, subdivision approval, or
a permit to allow land disturbing activities greater than or equal to one acre or
part of a larger common plan or development greater or equal to one acre must
submit a storm water pollution prevention plan to the Zoning Administrator. No
building permit, subdivision approval, or permit to allow land disturbing
activities shall be issued until approval of the storm water pollution prevention
plan or a waiver of the approval requirement has been obtained in strict
conformance with the provisions of this ordinance. The provisions of Section
79.06.B of this ordinance apply to all land, public or private.
B. Exemotions. The provisions of this ordinance do not apply to:
1. Any part of a subdivision if a plat for the subdivision has been approved
by the City Council on or before the effective date of this ordinance;
2. A lot for which a building permit has been approved on or before the
effective date of this ordinance;
3. Installation of fence, sign, telephone, and electric poles and other kinds of
posts or poles; or
4. Emergency work to protect life, limb or property.
5. Tilling, planting, or harvesting of agricultural, horticultural, or
silvicultural (forestry) crops.
79.07 Storm water pollution prevention plan submittal procedures.
A. Application. A written application for storm water pollution prevention plan
approval, along with the proposed storm water pollution prevention plan, shall be
filed with the City and shall include a statement indicating the grounds upon
which the approval is requested, that the proposed use permitted by right or as an
exception in the underlying zoning district, and adequate evidence showing that
the proposed use will conform to the standards set forth in this ordinance. Prior
to applying for approval of a storm water pollution prevention plan, an applicant
may have the storm water pollution prevention plan reviewed by the appropriate
departments of the City.
Two sets of clearly legible blue or black lined copies of drawings and required
information shall be submitted to the Zoning Administrator and shall be
accompanied by a receipt from the City Clerk evidencing the payment of all
required fees for processing and/or financial securities in accordance with the
City. Drawings shall be prepared to a scale appropriate to the site of the project
and suitable for the review to be performed. At a minimum, the scale shall be 1
inch equals 100 feet.
B. Storm water pollution prevention plan. At a minimum, the storm water
pollution prevention plan shall contain the following information:
1. Existing site map. A map of existing site conditions showing the site and
immediately adjacent areas, including:
a. The name and address of the applicant, the section, township and
range, north point, date and scale of drawing and number of sheets;
b. Location of the tract by an insert map at a scale sufficient to clearly
identify the location ofthe property and giving such information as the
names and numbers of adjoining roads, railroads, utilities, subdivision,
towns and districts or other landmarks;
c. Existing topography with a contour interval appropriate to the
topography of the land but in no case having a contour interval greater
than 2 feet;
d. A delineation of all streams, rivers, public waters and wetlands
located on and immediately adjacent to the site, including depth of water,
a description of all vegetation which may be found in the water, a
statement of general water quality and any classification given to the
water body or wetland by the Minnesota Department of Natural
Resources, the Minnesota Pollution Control Agency, and/or the United
States Army Corps of Engineers;
e. Location and dimensions of existing stonn water drainage systems
and natural drainage patterns on and immediately adjacent to the site
delineating in which direction and at what rate stonn water is conveyed
from the site, identifying the receiving stream, river, public water, or
wetland, and setting forth those areas of the unaltered site where stonn
water collects;
f A description of the soils of the site, including a map indicating soil
types of areas to be disturbed as well as a soil report containing
information on the suitability of the soils for the type of development
proposed and for the type of sewage disposal proposed and describing
any remedial steps to be taken by the applicant to render the soils
suitable;
g. Vegetative cover and clearly delineating any vegetation proposed for
removal; and
h. 100 year floodplain, flood fringes and floodways.
2. Site construction Dlan. A site construction plan including;
a. Locations and dimensions of all proposed land disturbing activities;
b. Locations and dimensions of all temporary soil or dirt stockpiles;
c. Locations and dimensions of all construction site erosion control
measures and best management practices (BMPs) necessary to meet the
minimum BMP requirements listed in section 79.09 of this ordinance;
d. Schedule of anticipated starting and completion date of each land
disturbing activity including the installation of construction site erosion
control measures needed to meet the requirements of this ordinance; and
3. Plan of final site conditions. A plan of final site conditions on the same
scale as the existing site map showing the site changes including;
a. Finished grading shown at contours at the same interval as provided
above or as required to clearly indicate the relationship of proposed
changes to existing topography and remaining features;
b. A landscape plan, drawn to an appropriate scale, including
dimensions and distances and the location, type, size and description of
all proposed landscape materials which will be added to the site as part of
the development;
c. A drainage plan of the developed site delineating in which direction
and at what rate storm water will be conveyed from the site and setting
forth the areas of the site where storm water will be allowed to collect;
d. The proposed size, alignments and intended use of any structures to
be erected on the site;
e. A clear delineation and tabulation of all areas which shall be paved or
surfaced, including a description of the surfacing material to be used; and
f Any other information pertinent to the particular project which in the
opinion of the applicant is necessary for the review of the project.
4. Copy ofMPCA Permit Number for discharging stormwater from
construction activity (MN Rl 00001).
79.08 Stormwater oollution orevention plan review process
A. Process. Storm water pollution prevention plans meeting the requirements of
Section 79.07 and minimum BMP requirements of Section 79.09 will be
reviewed by the Zoning Administrator or designated representative which may
approve, approve with conditions, or deny the storm water pollution prevention
plan. If the stormwater pollution prevention plan is part of a large subdivision,
the City may require the SWPPP be revieWed by the Planning Commission. The
Planning Commission may approve, approve with conditions, or deny the storm
water pollution prevention plan. Following Planning Commission action, the
storm water pollution prevention plan shall be submitted to the City Council at
its next available meeting. City Council action on the storm water pollution
prevention plan must be accomplished within 120 days following the date the
application for approval is filed with the City.
B. Duration. Approval of a plan submitted under the provisions of this
ordinance shall expire one year after the date of approval unless construction has
commenced in accordance with the plan. However, if prior to the expiration of
the approval, the applicant makes a written request to the City for an extension of
time to commence construction setting forth the reason for the requested
extension, the planning department may grant one extension of not greater than
one single year. Receipt of any request for an extension shall be acknowledged
by the City within 15 days. The City shall make a decision on the extension
within 30 days of receipt. Any plan may be revised in the same manner as
originally approved.
C. Condition. A storm water pollution prevention plan may be approved subject
to compliance with conditions reasonable and necessary to insure that the
requirements contained in the ordinance are met. Such conditions may, among
other matters, limit the size, kind or character of the proposed development,
require replacement of vegetation, establish required monitoring procedures,
stage the work over time, or require alteration of the site design to insure
buffering.
D. Financial Security. Prior to approval of any storm water pollution prevention
plan, the applicant shall submit a financial security in the amount specified by
the current City fee and security structure. The securities shall guarantee
completion and compliance with conditions within a specific time, which time
may be extended in accordance with Section 79.08.B.
The adequacy, conditions and acceptability of any financial security shall be
determined by the City Council or any official of the City of Centerville as may
be designated by resolution ofthe City Council.
79.09 Minimum Construction Site Best Management Practices
A. No storm water pollution prevention plan which fails to meet the standards
contained in this section shall be approved by the City Council or designated
representative.
B. Site dewatering. Water pumped from the site shall be treated by temporary
sedimentation basins, grit chambers, sand filters, upflow chambers,
hydrocyclones, swirl concentrators or other appropriate controls as appropriate.
Water may not be discharged in a manner that causes erosion, scour, or flooding
of the site or receiving channels or a wetland.
C. Construction Site Waste.
1.) Solid Waste: Collected sediment, asphalt and concrete millings, floating
debris, paper, plastic, fabric, construction and demolition debris and other
wastes must be disposed of properly and must comply with MPCA
disposal requirements.
2.) Hazardous Materials: Oil, gasoline, paint and any hazardous substances
must be properly stored, including secondary containment, to prevent
spill, leaks or other discharge. Restricted access to storage areas must be
provided to prevent vandalism. Storage and disposal of hazardous waste
must be in compliance with MPCA regulations.
J.) Liquid waste: All other non storm water discharges (concrete truck
washout, vehicle washing, maintenance spills, etc.) conducted during the
construction activity shall not be discharged to the municipal storm
sewer, wetlands, natural drainageways, or waters of the state.
D. Tracking. Vehicle tracking of sediment onto paved surfaces must be
removed by street sweeping as needed to prevent discharge of sediment laden
water from entering the City storm sewer system.
E. Drain inlet protection. All storm drain inlets shall be protected during
construction until final establishment has been accomplished or until approval
from the City.
F. Site erosion control. The following criteria (1 through 4) apply only to
construction activities that result in storm water leaving the site.
1.) Channelized runoff from adjacent areas passing through the site shall be
diverted around disturbed areas, if practical. Otherwise, the channel shall
be protected as described below. Sheetflow runoff from adjacent areas
greater than 10,000 square feet in area shall also be diverted around
disturbed areas, unless shown to have resulted runoff rates ofless than
0.5 ft./sec. across the disturbed area for the one year storage. Diverted
runoff shall be conveyed in a manner that will not cause erosion, scour,
or flooding of the conveyance at receiving channels.
2.) All activities on the site shall be conducted in a logical sequence to
minimize the area of bare soil exposed at anyone time.
3.) Runoff from the entire disturbed area on the site shall be controlled by
meeting either subsections a. and b. or a. and c.
a. All exposed soil areas with a continuous positive slope within 200
lineal feet of a surface water, must have temporary erosion protection or
permanent cover for the exposed soil areas year round, according to the
following table of slopes and time frames:
TWe of slope
Steeper than 3: 1
10:1 to 3:1
Flatter than 10: 1
Time
7 days
14 days
21 days
b. For sites with more than ten (10) acres disturbed at one time, or if a
channel originates in the disturbed area, one or more temporary or
permanent sedimentation basin shallbe constructed. Each sedimentation
basin shall have a surface area of at least one percent of the area draining
to the basin and at least three feet of depth and constructed in accordance
with accepted design specifications. Sediment shall be removed to
maintain a depth of three feet. The basin discharge rate shall also be
sufficiently low as to not cause erosion, scour, or flooding along the
discharge channel or the receiving water.
c. For sites with less than ten (10) acres disturbed at one time, silt fences
or equivalent control measures shall be placed along all side slopes and
down slope sides of the site. If a channel or area of concentrated runoff
passes through the site, silt fences shall be placed along the channel edges
to reduce sediment reaching the channel. The use of silt fences or
equivalent control measures must include a maintenance and inspection
schedule.
4. Any soil or dirt storage piles containing more than ten (10) cubic yards of
material should not be located with a downslide drainage length ofless than
twenty-five (25) feet from the toe of the pile to a roadway or drainage
channel. If remaining for more than seven days, they shall be stabilized by
mulching vegetative cover, tarps or other means. Erosion from piles which
will be in existence for less than seven days shall be controlled by placing
straw bales or silt fence barriers around the pile. In-street utility repair or
construction soil or dirt storage piles located closer than twenty-five (25) feet
of a roadway or drainage channel must be covered with tarps or suitable
alternative control, if exposed for more than seven (7) days, the stormdrain
inlets must be protected with an appropriate filtering barrier.
G. Inspection and maintenance. All stormwater management BMPs shall be
inspected weekly or after every .5" rain event by the applicant. If sediment has
reached 1/3 the capacity of the sediment control practice, appropriate
maintenance or replacement of the BMP must be completed to ensure maximum
effectiveness.
79.10 Completion of Work. Work will be considered complete when all exposed
soil areas have undergone final stabilization, as defined in section 79.05; is constructed
to finish grade, and is in conformance with all permit conditions of approval to the
satisfaction of the City. The applicant or representative shall notify the city when the
land disturbing operations are ready for final inspection. Final approval shall not be
given until all work, including installation of all drainage facilities and their protective
devices, and all erosion control measures, have been completed and final stabilization
has occurred in accordance with this ordinance.
79.11 Enforcement Procedures.
A. Right of Entry The applicant shall promptly allow the city and their
authorized representatives, upon presentation of credentials to:
1.) Enter upon the permitted site for the purpose of obtaining
information, examination of records, conducting investigations,
inspections or surveys.
2.) Bring such equipment upon the permitted site as is necessary to
conduct such surveys and investigations.
3.) Examine and copy any books, papers, records, or memoranda
pertaining to activities or records required to be kept under the terms and
conditions of this permitted site.
4.) Inspect the storm water pollution control measures.
5.) Sample and monitor any items or activities pertaining to storm water
pollution control measures.
6.) Any temporary or permanent obstruction to the safe and easy access
of such an inspection shall be promptly removed upon the inspector's
request. The cost of providing such access shall be born by the applicant
B. Warning letter. Ifupon inspection by the City or designated representative,
the applicant fails to implement the erosion and sediment control practices
outlined in the approved stormwater pollution prevention plan or minimum
BMP standards outlined in Section 79.05, the City will notifY the applicant with
a letter of warning which outlines the issues of noncompliance and a timeline
for completion of any work to bring the site into compliance.
C. Action Against the Financial Security. If appropriate actions by the applicant
have not been completed within 7 days after notification by the City, the City
may act against the financial security if any of the conditions listed below exist
The city shall use funds from this security to finance any corrective or remedial
work undertaken by the City or a contractor under contract to the City and to
reimburse the City for all direct cost incurred in the process of remedial work
including, but not limited to, staff time and attorney's fees.
1.) The applicant ceases land disturbing activities and/or filling and
abandons the work site prior to completion of the city approved grading
plan.
2.) The applicant fails to conform to any city approved grading plan
and/or the storm water pollution control plan as approved by the city, or
related supplementary instructions.
3.) The techniques utilized under the storm water pollution control plan
fail within one (1) year of installation.
4.) The applicant fails to reimburse the city for corrective action taken
under Section 8.
5.) Emergency action under either part D.
D. Emergency Action. If circumstances exist such that noncompliance with
this ordinance poses an immediate danger to the public health, safety and
welfare, as detenmned by the city engineer, the city may take emergency
preventative action. The city shall also take every reasonable action possible to
contact and direct the applicant to take any necessary action. Any cost to the
city may be recovered from the applicant's financial security.
79.12 Penalty. Any person, firm or corporation violating any provision of this
ordinance shall be fined not less than five dollars nor more than five hundred dollars for
each offense and a separate offense shall be deemed committed on each day during or on
which a violation occurs or continues.
79.13 Severability. The provisions of this ordinance are severable. If any
provision of this ordinance or the application thereof to any person or circumstance is
held invalid, such invalidity shall not affect other provisions or applications ofthis
ordinance which can be given effect without the invalid provision or application.
tervi{{e
'Estahlislia{ 185,"
STATE OF MINNESOTA
COUNTYOFANOKA
CITY OF CENTERVILLE
NOTICE OF REQUEST FOR COMPREHENSIVE PLAN AMENDMENT OR
SPECIAL USE PERMIT FOR 1664 HERITAGE STREET AND 6990 LAMOTTE
DRIVE (Church of St. Genevieve) FROM ITS EXISTING PARTIAL ZONING OF
SINGLE FAMILY, ATTACHED & MULTI-FAMILY RESIDENTIAL ALONG
THE PARCEL NEAREST TO CENTERVILLE ROAD AND AMENDED TO
INSTITUTIONAL, UNDIFFERENTIATED COINCIDING WITH THE
EXISTING ZONING OF THE REMAINING PARCEL BEFORE THE
CENTERVILLE CITY COUNCIL
PLEASE TAKE NOTICE that the City Council will hold public hearings to obtain
input and may take action on the following matter:
ITEM:
PETITIONER:
PROPERTY 1.0. #:
LEGAL DESCRIPTION:
Comprehensive Plan Amendment or Special Use
Permit for that portion of 1664 Heritage Street and
6990 LaMotte Drive that is currently zoned Single
Family, Attached & Multi-Family Residential to
Institutional, Undifferentiated Coinciding With the
Existing Zoning of the Remaining Parcel
Church of St. Genevieve
R23-31-22-23-0060
THAT PRT OF LOT 15 REV ADD SUB NO 48
L YG EL Y OF LAMOTTE DR. EX THAT PRT
THEREOF DESC AS FOL: BEG AT NE COR OF
SD LOT, TH S 0 DEG 26 MIN 30 SEC E 255 FT,
TH S 89 DEG 33 MIN 30 SEC W 342 FT, TH NO
DEG 26 MIN 30 SEC W 133.77 FT, TH N 89 DEG
48 MIN 30 SEC W 1.36 FT, THNO DEG II MIN
30 SEC E 125 FT TO N LINE OF SD LOT, TH S
89 DEG 48 MIN 30 SEC E 342 FT TO POB,
TOG/W THAT PRT OF NWI/4 OF SWII4 OF
SEC 23 TWP 31 RGE 22 DESC AS FOL: BEG
AT APTONNLINEOFSD y.. y..33 FTWOFNE
COR THEREOF, TH N 89 DEG 22 MIN 30 SEC
W 962.65 FT, TH S 37 DEG 52 MIN W 47.5 FT,
TH S 40 DEG W 290.8 FT, TH S 89 DEG 22 MIN
30 SEC E 1179 FT TO W LINE OF CSAH NO 21
(AKA CENTERVILLE RD), TH N 0 DEG 26 MIN
30 SEC W TO POB, EX THAT PRT THEREOF
L YG SWL Y OF FOL DESC LINE: COM AT A
PT ON S LINE OF N 262.50 FT OF SD y.. y..
516.64 FT ELY OF WLINE THEREOF, THWLY
ALG SD S LINE 175.62 FT TO POB OF SD LINE,
TH NWL Y DEFL TO RT 38 DEG 58 MIN 02 SEC
184.27 FT TO INTER/W LAMOTTE DR & SD
LINE THERE TERM, EX RD, SUBJ TO EASE OF
REC.
ADDRESS:
1664 Heritage Street & 6990 LaMotte Drive
The petitioner requests that the City Council consider a Comprehensive Plan Amendment
or Special Use Permit for the above-mentioned property for future church related
facilities. These hearings will take place on Wednesday, March 9, 2005 and Wednesday,
March 23,2005 at the CentervilIe City Hall, 1880 Main Street in the Council Chambers
commencing at 6:30 p.m. or shortly thereafter. The Planning and Zoning Commission
will consider the above request at their rescheduled Monday, February 28, 2005 meeting
commencing at 6:30 p.m. or shortly thereafter in Council Chambers; however, it will not
be a public hearing forum.
All persons interested are invited to attend and to be heard orally or in writing. You may
contact the City Clerk's office at (651) 429-3232 or by facsimile (651) 429-8629 if you
need additional information. If you desire you may e-mail: DDaIzerlal.centervilIemn.com
or tbenderlaJ,centervilIemn.com with questions or concerns. This notice is also
available on the City's web site: www.centervillemn.com.
City Hall is ADA accessible. Requests for hearing assisted devices or a sign language
interpreter must be received before 4:00 p.m., February 25, 2005.
February 16,2005
Teresa Bender
City Clerk
Published in the Quad Community Press February 22 & March 1, 2005.
Growth Management Plan
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Effective: 6/11/74
City of Centerville Ord. #7
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF CENTERVILLE
ORDINANCE #7
AN ORDINANCE RELATING TO THE CONTROL 'AND PREVENTION OF DUTCH ELM
DISEASE WITIllN THE CITY OF CENTERVILLE:
The City Council of Centerville does ordain:
5-601. Declaration of Policy. The City Council of Centerville has detennined that the health of
the elm trees within the municipal limits is threatened by a fatal disease known as Dutch Elm
Disease. It has further detennined that the loss of elm trees growing upon gublic and private
property would substantially depreciate the value of property within the City and impair the
safety, good order, general welfare and convenience of the public. It is declared to be the
intention of the council to control and prevent the spread of this disease and this ordinance is
enacted for that purpose.
5-602. Tree Inspector. Subd. 1. Position Created. (Alternate No.1) The position of tree
inspector is hereby created within the City ofCenterville.
Subd. 2. Duties of Tree Insoector. It is the duty of the tree inspector to coordinate, under the
direction and control of the Council, all activities of the municipality relating to the control and
prevention of Dutch Elm disease. He shall recommend to the Council the details of a program
for the control of Dutch Elm Disease, and perform the duties incident to such a program adopted
by the Council.
5-603. Dutch Elm Disease Program. Subd. 1. It is the intention of the Council of the city of
Centerville to conduct a program of plant pest control pursuant to the authority granted by
Minnesota Statutes 1961,. Section 18.022, as amended. This program is directed specifically at
the control and elimination of Dutch Elm Disease fungus and elm bark beetles and is undertaken
at the recommendation of the Commissioner of Agriculture. The City tree inspector shall act as
coordinator between the Commissioner of Agriculture and the Council in the conduct of this
program.
5-604. Nuisances Declared. Subd. 1. The following things are nuisances whenever they may be
found within the City of Centerville:
A Any living or standing elm tree or part thereof infected to any degree with the
Dutch Elm disease fungus Ceratocysitis Ulmi (Huisman) Moreau or which
harbors any of the elm hark beetles Scolytus Multistrilitus (Eichh.) Or
Hylurgopinus Rufipes (Marsh).
Page 1 of4
1"
,
Effective: 6/11174
City of Centerville Ord. 117
B. Any dead elm tree or part thereof, including legs, branches, stumps, firewood or
other elm material from which the bark has not been removed and burned or
sprayed with an effective elm bark beetle insecticide.
Subd. 2. Abatement. It is unlawful for any person to permit any public nuisance as defined in
subdivision 1 to remain on any premises owned or.sontrolled by him within the City of
Centerville. Such nuisances may be abated in the manner prescn"bed by this ordinance.
5-605. Inspection and Investigation. Subd. 1. Annual Inspection. The tree inspector shall
inspect all premises and places within the city as often as practicable to determine whether any
condition described in Section 5 of the ordinance exists thereoIL He shall investigate all reported
incidents of infestation of Dutch Elm fungus or elm bark beetles.
Subd. 2. Entry on Private Premises. The tree inspector or his duly authorized agents may enter
any place other than private home at any reasonable time for the purpose of carrying out any of
the duties assigned him under this ordinance.
Subd. 3. Diagnosis. The tree inspector shall, upon finding conditions indicating Dutch Elm
infestation, immediately sent appropriate specimens or samples to the Commissioner of
Agriculture for analysis, or take such other steps for diagnosis as may be reconnnended by the
Commissioner. Except as provided in Section 8 no action to remove infected trees or wood shall
be taken until positive diagnosis of the disease has been made.
5-606. Abatement of Dutch Elm Disease Nuisances. Subd. 1. In abating the nuisances defined
in Section 5, the tree inspector shall cause the infected tree or wood to be sprayed, removed,
burned, or otherwise effectively treated so as to destroy and prevent as fully as possible the
spread to Dutch Elm Disease fungus and elm bark beetles. Such abatement procedures shall be
carried out, in accordance with current technical and expert opinions and plans as may be
designated by the Commission of Agriculture.
5-607. Procedure for Removal of Infected Trees and Wood. Subd. 1. Whenever the tree
inspector finds with reasonable certainty that the infestation defined in Section 5 exists in any
tree or wood in any public or private place in the City, he shall proceed as follows:
A. If the tree inspector finds that the danger of infestation of other elm trees is not
imminent because of elm dormancy, he shall make a written report of his finding
to the Council which shall proceed by (1) abating the nuisance as a public
improvement under Minnesota Statutes Ch. 429 or (2) abating the nuisance as
provided in Subd. 2 of this SectioIL
.B. If the tree inspector finds that danger of infestation of other elm trees is
imminent, he shall notify the abutting property owner by certified mail that the
nuisance will be abated within a specified time, not less than 5 days from the date
Page:1l of 4
\
Effective: 6/11/74
City of Centerville Ord. #7
of mailing of such notice. The tree inspector shall immediately report such action
to the Council, and after the expiration of the time limited by the notice he may
abate the nuisance.
Subd.2. Upon receipt of the tree inspector's report required by Subd. 1, part A, the Council sha1l
by resolution order the nuisance abated. Before action.is taken on such resolution, the Council
shall publish notice of its intention to meet to consider taking action to abate the nuisance. This
notice shall be mailed to affected propertY owners and published once no less than one week
prior to such meeting. The notice shall state the time and place of the meeting, the streets
affected, action proposed, the estimated cost of the abatement, and the proposed, the estimate
cost of the abatement, and the proposed basis of assessment, if any, of costs. At such hearing or
adjournment thereof, the Council shall hear property owners with reference to the scope and
desirability of the proposed project. The Council shall thereafter adopt a resolution confirming
the original resolution with such modifications as it considers desirable and provide for the doing
of the work by day labor or by contract.
SuM. 3. The tree inspector shall keep a record of the costs of abatements done under this
Section and shall report monthly to the Village Clerk (or other appropriate officer) all work done
for which assessments are to be made stating and certifying the description of the land, lots,
parcels involved and the amount chargeable to each.
SuM. 4. On or before September 1 of each year the Clerk shall list the total unpaid charges for
each abatement against each separate lot or parcel to which they are attnbutable under this
ordinance. The Council may then spread the charges or any portion thereof against the property
involved as a special assessment under Minnesota Statutes Sec. 429.101 and other pertinent
statutes for certification to the county auditor and collection the following year along with
current taxes.
5-608. Spraying Elm Trees. SuM. 1. Whenever the tree inspector detennines that any ehn tree
or elm wood within City is infected with Dutch Ehn fungus, he may spray all nearby high value
ehn trees, with an effective ehn bark beetle destroying concentrate. Spraying activities
authorized by this Section shall be conducted in accordance with technical and expert opinions
and plans of the Commissioner of Agricuhure and under the supervision of the Commissioner
and his agents whenever possible.
SuM. 2. The notice provisions of Section 8 apply to spraying operations conducted under this
Section.
5-609. Transporting Ehn Wood Prolnbited. SuM. 1. If is unlawful for any person to transport
within the City any bark-bearing ehn wood without having obtained a permit from the inspector.
The tree inspector shall grant such permits only when the purposes of this ordinance will be
served thereby.
5-610. Interference Prolnbited. It is unlawful for any person to prevent, delay or interfere with
Page3l of 4
i
Effective: 6/11/74
City of Centerville Ord. #7
the tree inspector or his agents while they are engaged in the perfonnance of duties imposed by
this ordinance.
5-611. Penalty. Any person, firm or co
guilty of a misdemeanor and may
for 90 day or both. /
on who violates Sections of this ordinance is
d by a fine of not to exceed $300 or imprisonment
'771~~
5~612. This ordinance is effective from and after its passage and publication.
Passed by the City Council ofCenterville this 11th day of June, 1974.
City of Centerville
Walter Prachar, Mayor
ATTEST:
Lu Marcello, Clerk Treasurer.
Published in Blaine - Spring lake Park Life. June 21, 1974
Page'll of 4
~
City of Centerville
Ordinance #8
Effective 12/16/82
TABLE OF CONTENTS
STATE OF MINNESOTA
CITY OF CENTERVILLE
ORDINANCE # 8
ARTICLE I. - GENERAL PROVISIONS ....................................................................... 5
12. mRISDICTION ........................................................................................................... 5
13. DEFINED WORDS ..................................................................................................... 5
14. PURPOSE .................................................................................................................... 5
15. COMPLIANCE. ........................................................................................................... 5
16. CONFLICT .................................................................................................................. 6
17. SEVERABILITY .........................................................................................................6
18. REPEAL ...................................................................................................................... 6
ARTICLE 2 - DESIGN STANDARDS.............................................................................6
21. GENERAL................................................................................................................... 6
21.01. NATURAL FEATURES .................................................................................... 6
21.02. LAND DEDICATION ........................................................................................ 6
21.03. PLANNED UNIT DEVELOPMENT ................................................................. 6
21.04. SOIL TESTS ....................................................................................................... 7
21.05. RESTRICTION ON FILING AND RECORDING CONVEYANCES .............. 7
21.05-01. EXCEPTIONS............................................................................8
22. EASEMENTS.............................................................................................................. 8
22.0 I. UTILITY. ............................................................................................................ 8
22.02. DRAINAGE........................................................................................................ 8
23. WATER AND SEWER SYSTEMS ....................................................................... 9
24. BLOCKS ................................................................................................................. 9
24.0 I. LENGTH............................................................................................................. 9
24.02. PEDESTRIAN WAyS........................................................................................ 9
24.03. ALLEYS ............................................................................................................. 9
25. LOTS....................................................................................................................... 9
25.01 CORNER LOTS .................................................................................................9
25.02. SHAPE OF LOTS ............................................................................................... 9
25.03. ACCESS. .......................................................................................................... 10
25.04. DOUBLE FRONTAGE LOTS ......................................................................... 10
25.05. NON-SEWERED LOTS ................................................................................... 10
25.06. BUTT LOTS ..................................................................................................... 10
25.07. DRAINAGE ....................................................................................................... 10
26. STREET ..................................................................................................................... 10
STREET DESIGN STANDARDS ...................................................................................11
ARTICLE 3 - CONSTRUCTION AND IMPROVEMENTS .......................................... 12
Page I of34
"
City of Centerville
Ordinance #8
Effective 12/16/82
31. GENERAL CONDITIONS ....................................................................................... 12
32. DEVELOPER'S AGREEMENT ............................................................................... 12
33. FINANCIAL SECURlTY ......................................................................................... 12
33.0 I. ESCROW DEPOSIT ......................................................................................... 12
33.02. PERFORMANCE BOND ................................................................................. 12
33.03. CONDITIONS .................................................................................................. 13
34. CONSTRUCTION PLANS ...................................................................................... 13
35. INSPECTION ............................................................................................................ 13
36. PRIOR IMPROVEMENTS ....................................................................................... 13
37. AS BUILT PLANS.................................................................................................... 13
38. IMPROVEMENT CONSTRUCTION ...................................................................... 13
38.01. DEVELOPMENT IMPROVEMENTS............................................................. 14
38.01.0 I ......... .............. ........................................................................... ............. 14
38.01-2 SOIL EROSION ................................................................................... 14
38.01-3 MONUMENTS AND MARKERS....................................................... 15
38.01-4 CURB STOPS.......................................................................................15
38-01-5 TREES ..................................................................................................15
38.01-6. SIDEWALKS .......................................................................................16
38.01-7. STREET MAINTENANCE.................................................................. 16
38.01-8. STREET LIGHTS................................................................................. 17
38.01-9. STORM SEWER.................................................................................. 17
38.01-10. SITE GRADlNG................................................................................... 18
38-01-11. STREET SCAPE .................................................................................. 18
38-01-12. GROUND COVER CONTROL ........................................................... 18
38.01-13. SCREENING ........................................................................................ 18
38.01-14. INSURANCE........................................................................................ 19
38.01-15. COSTS .................................................................................................. 19
38.02. CITY IMPROVEMENTS ................................................................................. 19
38.02-1. STREET IMPROVEMENTS ...............................................................19
38.02-2. STORM IMPROVEMENTS ................................................................ 19
38.02-3. SANITARY SEWER IMPROVEMENTS ...........................................19
38.02-4. WATER IMPROVEMENTS ................................................................ 19
38.02-5. PERMANENT STREET IMPROVEMENTS ...................................... 19
38.02-6. TRAFFIC SIGNING IMPROVEMENTS ............................................ 19
38.03. STREETS ............................................................................................................ 19
38.04. SIDEWALKS ......................................................................................................20
38.05. STORM DRAINAGE ..........................................................................................20
38.06. WATER SUPPL Y ................................................................................................ 20
38.07. SEWERS .............................................................................................................. 21
38.08. UTILITIES ........................................................................................................... 21
38.09. TREES .................................................................................................................. 21
38.10. STREET LlGHTING............................................................................................ 21
38.11. STREET NAME AND TRAFFIC CONTROL SIGNS ........................................ 21
Page 2 of 34
City ofCenterville
Ordinance #8
Effective 12116182
38.12. SODDING ............................................................................................................ 21
ARTICLE 4 - PLAT SPECIFICATIONS AND PROCEDURE ......................................22
41. GENERAL..................................................................................................................22
42. SKETCH PLAN..........................................................................................................22
43. PRELIMINARY PLAT .............................................................................................. 22
43.01. LOCATION MAP ................................................................................................. 22
43.02. SITE MAP ............................................................................................................. 22
43.03. SUBDIVISION PLAT ........................................................................................... 23
43.04. ENGINEERING PLANS ......................................................................................23
43.05. RESTRICTIONS ................................................................................................... 24
44. FINAL PLAT ............................................................................................................. 24
45. PROCEDURES FOR SUBMISSIONS OF PLATS. ................................................. 25
45.0 I. GENERAL ............................................................................................................ 25
45.02. ADVISORY MEETING ....................................................................................... 25
4 5.03. PRELIMINARY PLAT ......................................................................................... 25
45.03-1. ACTION BY THE CLERK.......................................................................26
45.03-2. ACTION BY COMMISSION ...................................................................26
45.03-3. ACTION BY COUNCIL........................................................................... 26
45.04. FINAL PLAT ........................................................................................................ 26
45.04-1. ACTION BY CLERK ............................................................................... 27
45.04-2. ACTION BY COUNCIL........................................................................... 27
45.04-3. RECORDING ............................................................................................ 27
45.04-4. NON-COMPLIANCE ............................................................................... 27
ARTICLE 5 - ADMINISTRATION AND ENFORCEMENT. ....................................... 27
51. GENERAL.................................................................................................................. 27
51.02. PUBIC HEARING ................................................................................................ 28
51.03. VARIANCES ........................................................................................................ 28
51.04. INSPECTION ........................................................................................................ 28
51.05. MAINTENANCE BOND ..................................................................................... 28
51.06. BU ILDlNG PERMITS .......................................................................................... 29
52. AMENDMENT...........................................................................................................29
52.01. IN GENERAL .......................................................................................................29
52.02. INlTIA TION ......................................................................................................... 29
52.03. ACTION BY COMMISSION ................................................................................ 29
52.04. COUNCIL ACTION .............................................................................................. 29
52.05. FEE......................................................................................................................... 29
53. APPEALS ................................................................................................................... 30
53.01. PROCEDURE ........................................................................................................ 30
53.02. FEES ...................................................................................................................... 30
54. PENALTY ................................................................................................................. 30
Page 3 of34
City of Centerville
Ordinance #8
Effective 12/16/82
ARTICLE 6 - DEFINITIONS .....................",........"........,....,...',..........,.........,................ 30
61.01. ALLEY ................,..............,........................,......................................................... 30
61.02, BLOCK ..""........"",........,..............",..,..."..........",......."...",..........,....',............... 30
61,03. BOUNDARY LINES .........,................,....",..."",....",....,..,..........","",....,..,.'".."., 30
61,04, BUILDING LINES '.................,............................................................................. 31
61,05, BUTT LOT ..".'".......""....",.....",.""""",....""..".......,..,..',,....'"",....""".."...""".. 31
61,05-1, CITY IMPROVEMENTS..................................................,......................., 3 I
61.06. COMPREHENSIVE PLAN .................................................................................. 31
61.07. CONTOUR MAP ................................................................................................... 3 I
61.08. CORNER LOTS "..'"......."....",...............".......,..................................................... 31
61.09. CROSS WALK ...................................................................................................... 31
6 1.10. CUL-DE-SAC ........................................................................................................ 31
61.10-1. DEVELOPER IMPROVEMENTS ........................................................... 31
61. II. EASEMENT.......................................................................................................... 3 I
61.12. FRONT AGE...................................................................................,......................31
61.13. HALF STREET ..................................................................................................... 31
61.14. LAND SURVEYOR ............................................................................................. 32
61.15. LOT: ............................................................................,......................................... 32
6 1.16. LOT DEPTH ......................................................................................................... 32
61.17. LOT DOUBLE FRONTAGE ................................................................................32
61.18. LOT WIDTH ......................................................................................................... 32
61.19. NATURAL WATER WAy................................................................................... 32
61.20. OWNER .....................................................................................,.."",'........,..'",'.. 32
61.21, PEDESTRIAN WAy...,....................,..................................................,................ 32
61.22. PLAT .,.........,........"...,..........."'..,........""'....,,..',,"..........',."..............",.......,."..", 32
61.23, RIGHT-OF-WAY .............................,................................................................... 32
61.24. RESERVE STRIPS ...............................................................................................32
61.25. STREET ..................................................................,............................................. 32
61.26. STREET WIDTH .................................................................................................. 33
61.27. SUBDIVIDER....................................................................................................... 33
61.28. SUBDIVISION .......................................................,............................................. 33
61.29. THOROUGHF ARE .............................................................................................. 33
61.30. TOPOGRAPHY ............,....................................................................................... 33
61.31. W A TERCOURSE.................................................................................................. 33
61.32. WATERSHED ............................,.......................................................................... 33
61.33. ZONING ................................................................................................................ 33
Page 4 of 34
City ofCenterville
Ordinance #8
Effective 12/16/82
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF CENTERVlLLE
ORDINANCE #8
AN ORDINANCE REGULATING THE SUBDIVISION AND PLATTING OF
LAND WITHIN THE CITY OF CENTERVlLLE, MINNESOTA AND
PROVIDING FOR THE ADMINISTRATION AND ENFORCEMENT OF SUCH
REGULATIONS.
THE CITY COUNCIL OF THE CITY OF CENTERVILLE, MINNESOTA ORDAINS:
ARTICLE I. GENERAL PROVISIONS
II.
12.
13.
14.
14.01.
14.02.
14.Q3.
14.04.
15.
L-
TITLE. This ordinance may be cited as the "Centerville Subdivision
Ordinance" and will be referred to herein as "this ordinance".
JURISDICTION. The geographic jurisdiction of this ordinance includes the
entire area within the corporate limits of Centerville, Minnesota.
DEFINED WORDS. Words used in a special sense in this ordinance are
defined in Article 6.
PURPOSE. This ordinance is adopted:
To assist the orderly, efficient and integrated development of the City;
To provide uniform procedures and standards for all subdivisions;
To ensure consistency between future subdivision development and the
Centerville Comprehensive Plan;
To provide for the protection and conservation of flood plains, shore lands,
soils, water, vegetation, energy, air quality, geologic and ecologic features and
features and agricultural lands.
COMPLIANCE. Platting is required for all subdivisions creating five (5) or
more lots or parcels which are two and one-half (2 \1,) acres or less in size.
Hereafter, no lot in subdivision may be sold, no permit to erect, alter or repair
any building upon land in a subdivision may be issued, and no building my be
erected in a subdivision, unless and until a subdivision plan has been approved
and, where required, recorded, and until the improvements required by the
Council in connection therewith have either been constructed or guaranteed,
as herein provided.
Page 5 of 34
City ofCenterviIle
Ordinance #8
Effective 12/16/82
16. CONFLICT. Where the conditions imposed by any provisions of this
ordinance are either more or less restrictive that comparable conditions
imposed by any other regulation, the regulations which impose the higher
standard or requirements shall prevail.
17. SEVERABlLITY. If any provision of this ordinance or the application of any
provision to particular circumstances is held invalid, the remainder of the
ordinance or the application of such provision to other circumstances shall not
be affected.
18. REPEAL. Ordinance including all prior subdivision ordinances and
amendments or parts thereof in force at the time this ordinance shall take
effect and inconsistent herewith are hereby repealed, including Centerville
Ordinance #15. Nothing contained in this ordinance repeals or amends any
ordinance requiring a permit or license to engage in any business or
occupation.
ARTICLE 2. DESIGN STANDARDS
21. GENERAL. Subdivision design shall comply with the following general
design standards.
21.01.
21.02.
21.03.
NA TURAL FEATURES. Existing natural features which would add value to
the subdivision and the City such as trees, steep slopes watercourses, historic
spots and similar irreplaceable assets, shall be preserved, insofar as possible,
through harmonious design of the subdivision.
LAND DEDICATION. In all new subdivisions, ten (10) percent of the gross
area subdivided shall be dedicated for public recreation space, with such ten
(10) percent being in addition to property dedicated for streets, alleys,
easements, or other public ways. No areas may be dedicated for public use
until such areas have been approved as being suitable and needed for the
public health, safety, convenience, and/or general welfare. When the
subdivision is too small for practical dedication of public land or if no land in
the subdivision is suitable for such use, the subdivider shall be required to pay
a fee as per schedule in effect per lot created or ten (10) percent of the
subdivision land value, whichever is greater, prior to subdivision; the value
(market) of the land shall be determined by negotiation between City and
developer. Lots created in any manner that are larger than five (5) acres or
three hundred (300) feet in width shall not be subject to dedication of land for
public use. A fee according to the current schedule will be charged on every
building permit issued pertaining to new housing units for parks and
playgrounds.
PLANNED UNIT DEVELOPMENT. These design standards of this
ordinance may be modified by the Council in the case of a plan utilizing an
Page 6 of34
21.04.
21.05.
City of Centerville
Ordinance #8
Effective 12/16/82
unusual concept of development which meets the requirements of the section.
The planned unit development provision is intended to encourage original and
imaginative subdivision design which preserves the natural amenities of the
site and provides for the general welfare of the City. It shall conform to the
planned unit development requirements of the City Zoning Ordinance.
SOIL TESTS. The City Council may require soil tests prior to the final
approval of any plat. These soil tests shall consist of test holes to a depth
necessary to determine the various types of soil to be encountered before
reaching a stable base. Such test holes when ordered by the City authorities,
shall be drilled at the expense of the owner or developer and the information
disclosed shall be furnished to the City Council together with a copy of the
proposed plat showing the location of each test hole. The information
required by the City council shall include a report as to the various types of
soil encountered and their depths, the level of the ground water and a seepage
test and may include additional information. The number of test holes to be
drilled and their location on the property which is proposed to be platted will
be as directed by the City Councilor their authorized representative. In
questionable cases, the owner shall be required to furnish in the City Council a
report from a recognized engineering laboratory as to the safety and
practicability of the use of the area for building construction, including the
feasibility for installation of sewage facilities.
RESTRICTION ON FILING AND RECORDING CONVEYANCES.
Minnesota Statute states that a municipality with adopted subdivision
regulations, no conveyance of land shall be filed or recorded if the land is
described in the conveyance by:
I. Metes and bounds; or by
11. Reference to an unapproved registered land survey after April 21, 1961; or
By
iii. An unapproved plat made after such regulations become effective.
The above restrictions do not apply ifthe land described in the conveyance:
Was a parcel of record on April I, 1945; or
1. Was subject to a written agreement to convey entered into prior to
such time; or
2. Was a separate parcel of not less than 2.5 acres in area and one
hundred fifty (150) feet in width on January I, 1966; or
3. Was a separate parcel of not less than five (5) acres in area and three
hundred (300) feet in width on July I, 1980; or
Page 7 of34
I -
City of Centcrville
Ordinance #8
Effective 12116/82
4. Is a single parcel of commercial or industrial land of not less than five
(5) acres in area and having a width of not less than three hundred
(300) feet, and its conveyance does not result in the division of the
parcel into two or more lots or parcels, anyone of which is less than
five (5) acres in area or three hundred (300) feet in width; or
5. Is a single parcel of residential or agricultural land of not less than
twenty (20) acres in area and having a width of not less than five
hundred (500) feet, and its conveyance does not result in the division
of the parcel into two or more lots or parcels, anyone of which is less
than twenty (20) acres in area or five hundred (500) feet in width.
21.05-01 EXCEPTIONS: The following land divisions are exempted from the
provisions of Ordinance #8, Section 21.05 and upon request, the City Clerk
shall within (10) days, certify that this subdivision does not apply to such land
divisions:
I. Divisions of land where the division is to permit the adding of a parcel
of land to an abutting lot and the newly created property line will not
cause the land or any structure to be in violation of this Ordinance or
the Zoning Ordinance and that the proposal would not have an adverse
impact on the subject property or surrounding properties.
2. Said division and addition of land will not be large enough to allow for
the creation of an additional lot for the purpose of building.
3. In the case of a request to divide a base lot upon which a two family
dwelling, townhouse or a quadraminium which is a part of a recorded
plat where the division is to permit individual private ownership of a
single dwelling unit within such a structure and the newly created
property lines will not cause any of the unit lots or the structure to be
in violation of this Ordinance or the Zoning Ordinance.
If the Clerk! Administrator makes a negative determination and/or the
applicant wishes to appeal the decision, the case shall be sent to the Planning
and Zoning Commission for recommendation to the City Council.
22.
EASEMENTS
22.0 I.
UTILITY. Easements at least a total of twenty (20) feet wide, centered on
rear lot lines, shall be provided for utilities where necessary. They shall have
continuity of alignment from block to block, and at deflection points,
easements for pole line anchors shall be provided.
22.02.
DRAINAGE. Where a subdivision is traversed by a water course, drainage
Page 8 of 34
City ofCenterville
Ordinance #8
Effective 12116/82
way, channel, or stream, there shall be provided a storm water easement or
drainage right-of-way conforming substantially with the lines of such water
courses, together with such further width or construction, or both, as will be
adequate for the storm water drainage of the area. The easements shall meet
the requirements of the Rice Creek Watershed.
23. WATER AND SEWER SYSTEMS. The water supply and sewage disposal
systems for the subdivision shall meet the design standards and requirements
of the Minnesota Pollution Control Agency, the Metropolitan Waste Control
commission and the City Engineer.
24. BLOCKS. Block in new subdivisions shall meet the following standards:
24.01. LENGTH. The length of any block shall not be more than six hundred twenty
(620) feet.
24.02. PEDESTRIAN WAYS. The use of pedestrian way through any block is to be
permitted only when absolutely necessary. Where permitted, pedestrian ways
shall be at least fifteen (15) feet wide.
24.03. ALLEYS. The use of alleys in any block is to be permitted only when
absolutely necessary. Alleys may be required in commercial areas where
adequate off-street loading space is not available.
25. LOTS. The lot and yard sizes shall conform to the requirements of the City
Zoning Ordinance #4 and the lots shall be designed in accordance with the
following design standards:
25.01 CORNER LOTS. The minimum corner lot dimensions for single family,
detached dwelling developments where permitted under the zoning ordinance
shall be:
25.01-1 At least ten (10) feet wider at building setback line than permitted under the
zoning ordinance.
25.01-2 Not less than minimum depth permitted under the zoning ordinance.
25.01-3 Minimum lot area shall be increased by ten (10) feet times the minimum lot
depth permitted under the zoning ordinance.
25.02. SHAPE OF LOTS. Side lines of lots shall be approximately at right angles to
straight streets and on radial line on curved streets. Some variation from this
rule is permitted when it is clearly evident that such variation shall improve
the overall design. In no case shall the rear lot line of any lot be less than fifty
(50) feet.
Page 9 of34
25.03.
City of Centervillc
Ordinance #8
Effective 12/16/82
ACCESS. Every lot shall be provided with access adequate for the use of
public safety vehicles and other public and private purposes and shall be
served by a public or private street system, improved in accordance with this
ordinance and connected to the general street system.
25.04.
DOUBLE FRONTAGE LOTS. Double frontage lots shall not be permitted,
except:
25.04-1. Where lots back upon a thoroughfare, in which case vehicular and pedestrian
access between the lots and the thoroughfare and shall be prohibited and;
25.04-2. Where topographic or other conditions render subdividing otherwise
unreasonable. Such double frontage lots shall have an additional depth of at
least twenty (20) feet in order to allow space for a protective screen-planting
along the back lot line and also in such instances vehicular and pedestrian
access between the lots and the thoroughfare shall be prohibited.
25.05. NON-SEWERED LOTS. In areas which are not served by public sanitary
sewer systems, no lot shall be developed for residential purposes unless it
meets the requirements set for lots outside the Urban Service Area which is a
minimum of ten (10) acres. The preliminary plat shall show a feasible plan
for future re-subdivision by which lots may be re-subdivided to meet the size
and dimension standards of lots in areas served by public sanitary sewer
system. Any preliminary plat not showing such future re-subdivision plan
shall not be re-subdivided.
25.06. BUTT LOTS. Butt lots shall be platted at least five (5) feet wider than the
average interior lots in the block.
25.07. DRAINAGE. Lots abutting upon a water course, drainage way, channel, or
stream shall have an additional depth or width, as required, to assure house
sites are not subject to flooding.
26. STREET. No plat shall be approved unless all streets shown thereon shall be
of sufficient width and shall be so located as to accommodate the probable
volume of traffic thereon, afford adequate light and air, facilitate fire
protection, provide access of fire fighting equipment to buildings, and provide
a coordinate system of streets conforming tot he City street plan. In addition,
the street design must meet the following requirements:
26.01. In the case of subdivisions for commercial, industrial and public purposes, no
street giving access upon a major street shall be located closer than five
hundred (500) feet, along the same side of such major street, to any other
driveway, public or private street in the same or another subdivision.
26.02. Local street shall be so planned as to discourage through traffic.
Page 10 of34
26.03.
26.04.
26.05.
26.06.
26.07.
26.08.
26.09.
26.10.
City of Centerville
Ordinance #8
Effective 12/16/82
Cul-de-sacs, when used, shall be held to as short a distance as possible
between the origin or main street and the end of the cul-de-sac. Each cul-de-
sac shall have a terminus of nearly circular shape and be a maximum
allowable length of eight hundred (800) feet.
The use of half width streets shall be prohibited, except where essential to the
reasonable development of the subdivision in conformity with the other
requirements of these regulations and the overall plan of the neighborhood in
which the plat is situated. Wherever a half street is adjacent to a tract to be
subdivided, the other half of the street shall be platted within such tract.
Reserve strips controlling access to streets are prohibited.
The minimum distance between center lines of parallel or approximately
parallel streets intersecting a cross street from opposite directions shall be one
hundred fifty (150) feet.
Intersections of more than two (2) streets at one point shall be avoided.
Dead end streets shall be prohibited unless provided with a turn-around or
cull-de-sac arrangement.
Right-of-way requirements may be increased for specific thoroughfares if
existing or anticipated traffic flow warrants it, or if drainage easements
parallel such thoroughfares. Such increased width will be set by the Council
under the advisement of the Planning Commission and City Engineer.
Minimum right-of-way widths, paving widths, angle of intersection, curb
radius, horizontal alignments, vertical alignments, as well as maximum
grades, shall be in accordance with the following tables:
STREET DESIGN STANDARDS
ARTERIAL COLLECTOR
CUL-DE-SAC
LOCAL
Right-of-way 120' 66'
Paving Width 52' 36'
Maximum Grade 5%
Minimum Angle to
Intersection 90 90
Horizontal Alignment (minimum radius of center line)
. .
60'
32'
8%
60' radius
46' radius
70
70
.
*
Vertical curves (minimum sight distance)
150' 200'
100'
Page 11 of34
I-
I
!
City ofCenterville
Ordinance #8
Effective 12116/82
* = Subject to approval of City Engineer
ARTICLE 3 - CONSTRUCTION AND IMPROVEMENTS
31.
32.
33.
33.01.
33.02.
GENERAL CONDITIONS. Upon receipt of the preliminary plat approval by
the Council and prior to Council approval of the final plat, the subdivider shaIl
make provision, in the manner here-in-after set forth, for the installation at the
sole expense of the subdivider for such improvements as shall be required by
the City, which improvements may include but are not limited to street,
sidewalks, public water systems, sanitary sewer systems, surface and storm
drainage systems and public utility services. The instaIlation of the said
improvements shall be in conformity with approved construction plans and
specifications and all applications and all applicable standards and ordinances.
DEVELOPER'S AGREEMENT. Prior to the installation of any required
improvements and prior to approval of the final plat, the subdivider shaIl enter
into a contract with the City which contract shall require the subdivider to
construct said developer improvement at the sole expense of the subdivider
and in accordances at the sole expense of the subdivider and in accordance
with approved construction plans and specifications and all applicable
standards and ordinances. The contract will define the developer's
responsibilities with regard to City Improvement. Said contract shall provide
for the supervision of construction by the City Engineer, and said contract
shaIl require that the City be reimbursed for all costs incurred by the City for
engineering and legal fees and other expenses in connection with the making
of such improvements. The performance of such contract shall be financiaIly
secured by a cash escrow deposit or performance bond as here-in-after set
forth.
FINANCIAL SECURITY. The developer's agreement shall require the
subdivider to make a cash escrow deposit or in lieu thereof to furnish a
performance bond in the foIlowing amounts and upon the foIlowing
conditions:
ESCROW DEPOSIT. The subdivider shaIl deposit with the Treasurer a cash
amount equal to one hundred fifty (150) percent of the total cost of such
improvements as estimated by the City Engineer, including the estimated
expense of the City for engineering and legal fees and other expenses incurred
by the City in connection with the making of such improvement.
LETTER OF CREDIT AND/OR PERFORMANCE BOND. In lieu of a cash
deposit, subdivider may furnish a letter of credit and/or performance bond,
with a corporate surety satisfactory to the City, in a penal sum equal to one
hundred fifty (150) percent of the total cost of such improvements as
estimated by the City Engineer, including the estimated expense of the City
for the engineering and legal fees and other expenses incurred by the City in
Page 12 of34
33.03.
34.
35.
36.
37.
38.
City of Centerville
Ordinance #8
Effective 12/16/82
connection with the making of such improvements. Release of the
performance bond will be determined by Council resolution. However,
Council reserves the right to require a letter credit upon their discretion rather
than a performance bond.
CONDITIONS. The developer's agreement shall provide for a completion
date on which all of the required improvements shall be fully installed,
completed and accepted by the City. The completion date shall be determined
by the Council after consultation with the City Engineer and the subdivider,
and shall be reasonable in relation to the construction to be performed, the
seasons of the year and proper correlation with construction activities in the
subdivision. The developer's agreement shall provide that in the event the
required improvements are not completed within the time allotted, the City
shall be allowed by exercise its power to recover on the performance bond or
utilize the escrow deposit to complete the remaining construction to City
standards and specifications. In the event the amount of funds recovered is
insufficient to cover the cost of construction, the Council may assess the
remaining cost to the lands within the subdivision.
CONSTRUCTION PLANS. Construction plans and specifications for the
required improvements conforming in all respects with the standards and
ordinances of the City shall be prepared at the expense of the subdivider by a
professional engineer registered by the State of Minnesota. Such plans and
specifications shall be approved by the City Engineer and shall become a part
of the developer's agreement. Two prints of said plans and specifications
shall be filed with the Clerk.
INSPECTION. All required improvements shall be inspected during the
course of construction by the City Engineer and acceptance of said
improvements by the City shall require prior written certification by the City
Engineer that said improvements have been constructed in compliance with
the plans and specifications.
PRIOR IMPROVEMENTS. Improvements which have been completed prior
to application for final plat approval or execution of the developer's
agreement shall be accepted as equivalent improvements provided the City
Engineer shall certifY in writing that said improvements conform the City
standards.
AS BUILT PLANS. Upon completion of installation of all required
improvements, the subdivider shall file with the Clerk a reproducible tracing
and two copies of the plans and specifications showing all improvements as
finally constructed and installed. All as built plans will be prepared by City
Engineer and the time billed to the developer.
IMPROVEMENT CONSTRUCTION. All required improvements specified
Page 13 of 34
City of Centerville
Ordinance #8
Effective 12/16/82
in this Article shall be constructed in accordance with the City standards and
all other applicable City, County and State regulations.
38.01. DEVELOPMENT IMPROVEMENTS
38.01-01 SITE GRADING.
I. The Developer shall do all site grading including the front 100 feet
of the lots, common green way and open spaces, storm water storage
ponds and surface drainage ways including sodding of boulevards all
in accordance with the approved grading, drainage and site plan. A
grading plan with maximum two foot contours and cross sections as
necessary shall be submitted and approved by the City prior to
commencement of any site grading.
2. Boulevards shall be graded at an incline oftwo percent (2%) behind
the curb. The sidewalk construction shall be in accordance with the
City approved Street Scape and shall reflect a consistent grade that
follows the back of the curb.
3.
A.
After substantial building completion and prior to the
issuance of an occupancy permit, a Certificate of Survey
shall be provided to the City verifying that the lot grading has
been accomplished to the approved standards.
B. The Certificate of Survey will locate the following:
I. Property irons.
2. Buildings.
3. Driveways.
4. Drainage easements.
5. Utility easements.
6. Sewer service at the property line.
7. Water service and shut off at the property
line.
C. The Certificate will also provide the following elevations:
I. Grading at the front lot line.
2. Grading at property comers.
3. Lowest floor elevation and structure type.
4. 100 year flood elevation and 100 year flood
contour property.
38.01-2 SOIL EROSION. The Developer shall control soil erosion insuring:
I. All development shall conform to the natural limitations presented
by the Topography and soil of the subdivision in order to created the
best of potential for preventing soil erosion. The Developer shall
Page 14 of34
City of Centcrville
Ordinance #8
Effective 12/16/82
submit an erosion control plan, detailing all erosion control measures
to be implemented during construction, said plan shall be approved
by the City prior to the commencement of site grading or
construction.
2. Erosion and siltation control measures shall be coordinated with the
different stages of development. Appropriate control measures as
required by the City shall be installed prior to development when
necessary to control erosion.
3. Land shall be developed in increments of workable size such that
adequate erosion and siltation controls can be provided as
construction progresses. The smallest practical area of land shall be
exposed at anyone period of time.
4. Where the topsoil is removed, sufficient arable soil shall be set aside
to be re-spread over the developed area. The topsoil shall be
restored to a depth of at least four (4) inches and shall be of a quality
at least equal to the soil quality prior to development.
38.01-3. MONUMENTS AND MARKERS. The Developer shall place Iron
monuments in accordance with State Statute.
38.01-4. CURB STOPS. The Developer shall arrange with the City to make all
necessary adjustments to the curb stops to bring them flush with the top-soil
(after grading).
38-01-5. TREES.
1.
The Developer shall remove all dead and diseased trees before
building permits will be issued.
2.
One boulevard tree shall be planted per dwelling unit, except on
comer lots where two trees shall be planted, on each street.
3.
Boulevard trees shall be one and one-hale to two inches diameter
twelve (12) inches above ground as planted with a minimum of five
feet in height. American National Standard Institute (ANSI) nursery
stock specification. Bare root trees will be allowed to be planted as
follows:
Spring planting:
Deciduous - April 7 to June I:
Evergreen - April 7 to May 17:
Fall planting:
Deciduous - October 10 to November 15:
Evergreen - August 25 to September 15.
Page 15 of34
City ofCenterville
Ordinance #S
Effective 12/16/82
Trees not planted within this time period shall be balled and burlap.
Actual dated may change dependent upon seasonal conditions as
determined by the City Forester. Fall planting may not be
recommended or allowed. Special project requirements will be
specified within the development agreement.
4. A detailed landscape plan shall be submitted to and approved by the
City Forester prior commencement of final grading and landscaping
construction.
5 . Weather permitting, trees, sod and seed shall be planted before
certificates of occupancy are issued for a lot, unless otherwise
specified in the Development Agreement.
6. All trees shall be warranted to be alive, of good quality and disease
free for a period of twelve (12) months after planting. The first tree
replacement shall be warranted for twelve (12) months from the time
of planting. City shall be entitled to draw upon the security posted
herein for replacement of any trees. Developer shall not enter into
any agreements with the homeowners, which provide for installation
of the boulevard trees by the homeowners.
7. Sodded areas shall be warranted to be alive, of good quality and
disease free for a period of thirty (30) days. The first sod
replacement shall be warranted for thirty (30) days from the
replacement date. Seeded areas shall be warranted to be alive, of
good quality and disease free for a period of sixty (60) days.
38.01-6. SIDEWALKS. The Developer shall be responsible for the installation of
sidewalks. The sidewalks shall be constructed in accordance with City
standards. Plans and specifications for the sidewalks shall be submitted to the
City Engineer for review and approval.
38.01-7. STREET MAINTENANCE.
1. The Developer shall be responsible for street and sidewalk
maintenance, including curbs, boulevards, sod, sidewalks and street
sweeping until the development is accepted by the City.
2. Warning signs as per the Minnesota Uniform Traffic Control Devices
Manual shall be placed when hazards develop in street to prevent the
public from traveling on same and directing attention to detours. If
and when the streets become impassible, such streets shall be
barricaded and closed.
Page 16 of34
City ofCentervilIe
Ordinance #8
Effective 12/16/82
3. The Developer shall maintain a smooth driving surface and adequate
drainage on all temporary streets. No builders will be allowed on the
dedicated street areas until the streets are completed and accepted by
the City.
4. The Developer may request, in writing, that the City keep the streets
open during the winter months by plowing snow from said streets
prior to final acceptance of said streets. The Developer shall
reimburse the City for all snow plowing prior to final acceptance of
the street. The City shall not be responsible for reshaping said
streets because of snow plowing operations if they are requested.
Snow plowing service does not constitute final acceptance of said
streets.
5. It is understood that if soil is excavated from the development and
moved off the property all City and County streets which are used
for hauling shall be maintained free of debris and soil; and property
within the City limits upon which the soil is stored shall also be
maintained free of debris and have adequate erosion control.
38.01-8. STREET LIGHTS.
I. Residential street lighting shall be owned, installed, operated and
maintained by the electric utility company servicing the
development. The City and the electric utility company shall enter
into a contractual agreement on the rate and maintenance of the
street lighting system.
2. It shall be the responsibility of the Developer to:
A. Reimburse the City for the operating cost of the street
lighting system for a period which will extend to one year
after the utilities and improvements of the Development have
been accepted by the City or until such time that fifty percent
(50%) of the lots in the subdivision are occupied, which ever
is greater.
B. Pay the electric utility company any costs incurred in the
installation of the street lighting units not covered in the
electric utility company rate for this service.
C. The above street lighting costs shall be guaranteed in the
same manner as the other development improvements and the
City shall be entitled to draw upon the Letter of Credit posted
herein in the event of nonpayment.
38.01-9. STORM SEWER. The Developer shall dedicate and survey all storm water
Page 17 of34
City of Centerville
Ordinance #8
Effective 12/16/82
holding ponds as required by the City. The Developer shall be responsible for
the storm sewer cleaning and holding pond dredging, as required, by the City
prior to until such time that all primary buildings within the subdivision are
completed or two years after final acceptance of the streets by the City, which
ever occurs first.
38.01-10. SITE GRADING. The Developer shall be responsible for securing all
necessary approvals and permits from all appropriate Federal, State, Regional
and Local jurisdictions prior to the commencement of site grading.
38-01-11. STREET SCAPE. The Developer shall make provision that all gas, telephone
and electric utilities shall be installed to serve the development as per the City
Street Scape Plan.
38-01-12. GROUND COVER CONTROL. All unoccupied lots shall be maintained in
such a manner that ground cover will not be allowed to grow more than 24
inches in height at any time. Should the Developer not respond within ten
(10) days to the City's request to cut the vegetation, the City shall take action
to do so and shall bill the Developer. If the bill is not paid in thirty (30) days,
the cost of the maintenance shall be a lien against the property and may be
certified for collection with the real estate taxes, or at the option of the City
Council may be deducted from the Developer's Letter of Credit.
38.01-13. SCREENING
1. The Developer shall install as a part of the site grading a protective
screen planting berm in areas deemed appropriate and/or necessary
by the City Council.
2. The plantings will provide a mmtmum of sixty (60%) percent
opacity year round and shall reach a minimum of (10) feet in height
at the maturity. Deciduous shrubs shall be minimum of twenty-four
(24) inches in height, deciduous trees shall be a minimum of one (I)
inch caliper, and conifer shall be a minimum of four (4) feet in
height at the time of planting. The landscape plan for the berm shall
be submitted to and reviewed by the City Forester for approval.
3. All planting shall be warranted to be alive, of good quality and
disease fee for a period pftwelve (12) month or one (I) growing year
which ever is greater after acceptance of the City streets and utilities.
The first planting replacement shall be warranted for twelve (12)
months from the time planting. City shall be entitled to draw upon
the security posted herein for replacement of any plantings.
4. Developer shall not enter into any agreements with the homeowners,
which provide for installation of the boulevard trees by the
Page 18 of34
City of Centerville
Ordinance #8
Effective 12116/82
homeowners.
38.01-14. INSURANCE. Developer(s) and/or all its/their subcontractors shall take out
and maintain until one (I) year after the City has accepted the private
improvements, public liability and property damage insurance covering
personal injury, including death, and claims for property damage which may
arise out of the Developer's work or the work of his subcontractors or by one
directly or indirectly employed by any of them. Limits for bodily injury and
death shall be not less than Five Hundred Thousand and nofI 00 ($500,000.00)
Dollars or more. The City shall be named as an additional insured on the
policy, and the Developer or all its subcontractors shall file and the Developer
or all its subcontractors shall file with the City a certificate evidencing
coverage prior to the City signing the plat. The certificate shall provide that
the City must be given ten (10) days advance written notice of the cancellation
of the insurance. The certificate may not contain any disclaimer for failure to
give the required notice.
38.01-15. COSTS. Cost of Developer's improvements, description and completion
dates shall be described in the development agreement, to include a security
requirement of 150% of the cost.
38.02. CITY IMPROVEMENTS.
38.02- I. STREET IMPROVEMENTS. Street grading, graveling and stabilizing,
including construction of berms and boulevards.
38.02-2. STORM IMPROVEMENTS. Storm sewers, when determined to be
necessary by the City Engineer, including all necessary catch basins, inlets
and other appurtenances.
38.02-3. SANITARY SEWER IMPROVEMENTS. Sanitary sewer laterals or
extensions, including all necessary building services and other appurtenances.
38.02-4. WATER IMPROVEMENTS. Water main laterals or extensions, including all
necessary building services, hydrants, valves and other appurtenances.
38.02-5. PERMANENT STREET IMPROVEMENTS. Standard street surfacing,
including concrete curb, gutter and sidewalk.
38.02-6. TRAFFIC SIGNING IMPROVEMENTS. Standard street name signs at all
newly opened intersections.
38.03. STREETS. The streets shall be graded if required by the Council to the
grades and dimensions shown on plans and profiles and approved by the
Council and shall include the following improvements:
Page 19 of34
City of Centerville
Ordinance #8
Effective 12/16/82
38.03-1. Suitable drainage structures, culverts, stonn sewers, ditches and related
installations shall be provided to insure adequate drainage of all points along
the streets. There shall be no surface or at grade cross street drainage.
38.03-2. Concrete curbs and gutters will be required on all streets.
38.03-3. The base course shall consist of latest Minnesota Department of Highways
approved material, bearing a seven (7) ton design and shall include a
geotextile fabric mat as specified by the City Engineer.
38.03-4. "Blacktop" paving as specified by the city Engineer shall be required on all
streets after water distribution lines, storm sewers and sanitary sewers have
been installed.
38.03-5. The boulevards shall receive three (3) inches of topsoil and be seeded.
38.04. SIDEWALKS. Paved sidewalks five (5) feet wide of Portland cement,
concrete or asphalt concrete may be required on one or both side of streets
designated as collector or arterial.
38.05. STORM DRAINAGE. The construction of a storm drainage system shall
conform to the following requirements:
38.05-1. Drainage ditches or channels shall have a minimum gradient of one (I)
percent.
38.05-2. Open watercourses shall have adequate capacity and erosion control to insure
safe and healthful disposal of storm water.
38.05-3. When topsoil has been removed from the surface of a lot on a slope where
erosion will cause a displacement of loose material, the subdivider shall be
required to seed or provide other means to prevent the wash from damaging
adjacent property or accumulating on street surfaces.
38.05-4. Design of storm drainage facilities shall be compatible with adjacent areas
including the extension of abutting existing storm sewers. Design of all
drainage structures shall be based on the five (5) year occurrence fro design
intensity using run-off co-efficient and concentration times as determined by
the City Engineer.
38.06. WATER SUPPLY. Where public water supply is available, as determined by
the Council, the subdivider shall connect to such public water supply and
construct a system of water mains with a connection for each lot. The
minimum size of water mains shall be six (6) inches and the minimum size of
private water services sball be one (I) inch. Water mains and services for
commercial and industrial uses or for the extension of major trunks shall be
Page 20 of 34
City of Centerville
Ordinance #8
Effective 12/16/82
determined by the City Engineer.
38.06-1. Where public water is not available, the subdivider shall supply acceptable
Cince of the availabililSer. The subdivider may be required to make
o more test wells in t ar 0 be platted if such evidence is deemed not
ceptable. Copies of wel from said test wells which are obtained shall
include the name and address of the well driller and shall be submitted with
the plan to the Council.
38.06-2. If a private individual water supply is permitted, individual private wells shall
be located at least twenty-five (25) feet from property lines; fifty (50) feet
from all septic tanks; approximately one hundred (100) feet from all tile
disposal fields and other sewage disposal facilities; ten (10) feet from all cast
iron sewer lines; thirty (30) feet from any vitrified sewer tile lines; and shall
not be located within any floor plan.
38.07. SEWERS. All plats within the Urban Service Area Shall be connected to the
municipal sewer system.
38.08. UTILITIES. Every lot in a subdivision shall be capable of being served by
utilities, and easements acceptable to the utility companies shall be provided.
Electric, gas and other utility distribution lines shall be installed within public
rights-of-way or within properly designated easements. To the fullest extent
possible, underground utility line shall be installed within the right-of-way
adjacent to but not beneath existing and proposed paved areas.
38.09. TREES. One (I) tree per lot shall be planted in accordance with adopted City
standards except on comer lots on which two (2) trees will be planted. The
location and types of trees must meet the approval of the Council.
38.10. STREET LIGHTING. In single and multiple family developments, the
developer shall install residential ornamental street lights and custom policies
as recommended by the City Engineer. In commercial or industrial
developments, the developer shall install commercial or industrial metal poles
and fixtures as recommended by the City Engineer.
38.11. STREET NAME AND TRAFFIC CONTROL SIGNS. In single and multiple
family developments, the developer shall install all street name signs and
traffic control signs as deemed necessary by the City Engineer. In
commercial and industrial developments, the developer shall install all street
names signs and traffic control signs as deemed necessary by the City
Engineer.
38.12. SODDING. The developer must sod the front yard, boulevard and side yards
to the rear of the structure on every lot. The required sodding shall be placed
prior to occupancy or an escrow deposit shall be submitted to the City in a
Page 21 of34
City of Centerville
Ordinance #8
Effective 12/16/82
dollar amount sufficient to guarantee the required sodding.
ARTICLE 4 - PLAT SPECIFICATIONS AND PROCEDURE
41. GENERAL. In a subdivision for residential use ofless than five (5) lots and
where the lots abut existing public roads and utilities, the Council may waive
certain requirements such as topographic, street and utility specifications; in
the instance such information is not required.
42. SKETCH PLAN. The subdivider shall prepare a sketch plan to present to the
Planning Commission at the advisory meeting. This plan may be drawn as a
freehand pencil sketch and does not require precise dimensions or any special
sheet size. This sketch plan may be used to show the Commission the
location, proposed street and lot layout and any other significant features of
the proposed subdivision.
43. PRELIMINARY PLAT. The following maps and data shall be submitted
with the application for preliminary plat approval. These maps and data may
be on separate sheets or combined on one sheet, depending on the size and
complexity of the proposed subdivision. The overall size of the sheets shall
be determined by the City Engineer.
43.01. LOCATION MAP. A map of the proposed subdivision showing:
43.01-1. Boundary lines of proposed subdivision, clearly indicated;
43.01-2. Existing zoning of the tract and adjacent properties;
43.01-3. Total approximate acreage in said plan;
43.01-4. Location, widths and names of all existing or previously platted streets or
other public ways, showing types of improvements, if any railroad and utility
right-of-way, parks and other public open spaces, permanent building and
structures, easements, and section and corporate line within the tract and to a
distance of one hundred (100) feet beyond the tract.
43.02. SITE MAP. A map of the proposed subdivision and all lands within five
hundred (500) feet of its boundaries showing:
43.02-1. Contours ofthe site at vertical intervals of two (2) feet;
43.02-2. Character and location of natural or artificial features existing on the land
which would affect the design of the subdivision, such as wooded areas,
drainage ditches, direction and gradient of ground slope, embankments,
retaining walls, buildings, or non-residential usage of land;
Page 22 of 34
City of Centerville
Ordinance #8
Effective 12/16/82
43.02-3. Names of owners of properties adjacent tot he subdivision;
43.02-4. Existing and proposed streets and rights-of-way, including widths and
purposes;
43.02-5. Existing and proposed easements, including widths and purposes;
43.02-6. Utilities, including the size, capacity, and facilities, water lines, gas mains and
power lines;
43.02-7. Areas subject to periodic overflow of flood or storm waters;
43.02-8. Tmct boundary lines by calculated distances and bearings;
43.02-9. Title, graphic scale, north point and date.
43.03 SUBDIVISION PLAT. A plat of a proposed subdivision dmwn on an overlay
of the topography at a scale no smaller than one hundred (100) feet to one (l)
inch showing:
43.03-1. Proposed name of subdivision, which name shall not duplicate the names of
any plat theretofore recorded in the County;
43.03-2. Location by section, town and range, or by other legal description;
43.03-3. Names and addresses of owner and subdivider, and the names of the city
planner, land planning consultant or surveyor who prepared the plan;
43.03-4. Street pattern, including the names (which shall not duplicate existing streets
in the City unless it is an extension of an existing street), widths of rights-of-
way of streets, approximate length of streets and widths of easements for
alleys;
43.03-5. Indication of the proposed storm runoff through use of arrows or notes;
43.03-6. Layout of lots, including dimensions, square footage, numbers, front yard
lines, building setback lines on odd shaped lots; location and widths of
easements;
43.03-7. Location and area of parcels of land to be dedicated or reserved for schools,
parks, playgrounds or other public or community use;
43.03-8. Legend, notes gmphic scale, north point and date.
43.04. ENGINEERING PLANS. Engineering plans prepared by a registered
engineer for the proposed subdivision may be requested by the City engineer
Page 23 of 34
City of Centerville
Ordinance #8
Effective 12/16/82
during the subdivision process and shall include but not be limited to the
following:
43.04-1. Show location and invert elevations of proposed sanitary sewer on preliminary
plat;
43.04-2. Show storm sewer pipe, catch basins and invert elevations on proposed plat.
Indicate backyard drainage with arrows;
43.04-3. Show proposed street grades every one hundred (100) feet on preliminary plat.
43.05. RESTRICTIONS. A draft of the protective covenants or private restrictions
to be incorporated in the final subdivision plat.
44. FINAL PLAT. The final plat shall be drawn at a scale no smaller than one
hundred (100) feet to one (I) inch. The final plat shall show:
44.0 I. Subdivision name, name and address of owner and subdivider, source of title
of land as shown by the books of the County Register of Deeds, graphic scale,
north point, date, certificate of approval of Council.
44.02. Survey data showing:
44.02-1. Accurate angular and lineal dimensions for all lines, angles, and curvatures
used to describe boundaries, streets, easements, area to be reserved for public
use and other important features. Lot lines to show dimensions in feet and
hundredths.
44.02-2. An identification system for all lots and blocks.
44.02-3. True angles and distances to the nearest established street lines or official
monuments (not less than two), which shall be accurately described in the
plat.
44.02-4. Municipal, township, county or section lines accurately tied to the lines of the
subdivision by distances and angles.
44.02-5. Radii, internal angles, points and curvatures and lengths of all arcs.
44.02-6. Accurate location of all monuments. Pipes or steel rods shall be placed at the
comers of each lot and at each intersection of street center lines.
44.02-7. Accurate outlines, legal descriptions of any areas to be dedicated or reserved
for public use, or for the exclusive use of property owners within the
subdivision with the purposes indicated therein.
Page 24 of34
City of Centerville
Ordinance #8
Effective ]2/]6/82
44.02-8. Certifications by a registered land surveyor, to the effect that the plat
represents a survey made by him and that monuments and markers shown
thereon exist as located and that all dimensional and geodetic details are
correct.
44.04. Notarized certification by owner, and by any mortgage holder of record, of the
adoption of the plat and the dedication of streets and other public areas.
44.05. With submission of the final plat, ten (10) copies of the plat map showing all
addresses correctly labeled shall be supplied to the City Clerk for subsequent
distribution to the utility companies, local school districts, and Fire and Police
Department.
45. PROCEDURES FOR SUBMISSIONS OF PLATS.
45.01. GENERAL: The preliminary plat of the proposed subdivision must be
approved by the Council before any person, firm or corporation proposing a
subdivision shall proceed with any grading and improvements for streets or
installation of public utilities. The final plat of the proposed subdivision must
be approved by the Council and recorded in accordance with the provisions
hereof before any person, firm or corporation proposing a subdivision shall
sell, agree to sell, transfer lease of otherwise convey any lot, parcel or tract in
a subdivision, or construct or commence the construction of any building in a
subdivision.
45.02. ADVISORY MEETING. A person or corporation desiring approval of a plat
of a subdivision shall appear before the Planning and Zoning Commission to
discuss his proposal before filing an application for preliminary plat approval.
No fee or formal application is required for this meeting. Its purpose is to
save the subdivider time and money. The subdivider shall be prepared to
discuss the details of his proposed subdivision, including such items as the
proposed use, existing features of the area, existing covenants, land
characteristics, availability of community facilities and utilities, size of
development, play areas or public areas, proposed protective covenants,
proposed utilities and street improvements. The commission will answer any
questions from the subdivider any suggest professional advice.
45.03. PRELIMINARY PLAT. After the advisory meeting, the subdivider shall
submit an application for approval of a preliminary plat to the Clerk. The
application shall be accompanied by the following:
1. Fifteen (15) copies of all maps and data set forth in these regulations.
2. A certified check or money order in an amount to cover the scheduled
preliminary fees.
Page 25 of34
City of Centervillc
Ordinance #8
Effective 12/16/82
45.03-1. ACTION BY THE CLERK. The developer should submit plans to the Clerk
(10) days before meeting to provide adequate time for review. The clerk shall
send one (1) copy of each of the maps and data to the City Engineer, the city
Planner and members of the Planning and Zoning Commission for review.
45.03-2. ACTION BY COMMISSION. The Planning and Zoning Commission shall
review the preliminary plat and shall set a public hearing on the preliminary
plat, the time and place to be published in the official newspaper at least ten
(10) days before the day of the hearing. Following such hearing the
Commission shall recommend approval or disapproval of the preliminary plat
with such changes and conditions as it may suggest and shall transmit its
recommendations. The Commission shall determine whether the proposed
plat is consistent with the regulations specified in this Ordinance and with eh
Comprehensive Plan of the City and whether the proposed development will
advance the general welfare of the area and the City.
45.03-3. ACTION BY COUNCIL. Upon receipt of the recommendations of the
Planning Commission, the Council shall consider the application and after
holding such public hearings as it deems desirable, shall approve or
disapprove the application with such changes of conditions, if any, as it may
deem appropriate. This may include the requirement for a development
contract between the City and the applicant. Refusal of any ofthe changes or
conditions shall constitute denial of the application by the City Council.
Failure of the applicant to notifY the City Council. Failure ofthe applicant to
notifY the City Council of his acceptance or refusal of the modifications to the
preliminary plat constitute acceptance of these conditions. The City Council
shall approve of disapprove the plat within one hundred twenty (120) days
from the application by the subdivider unless the time period is extended by
agreement.
45.04. FINAL PLAT. Within one hundred eighty (180) days from receiving the last
required approval of the preliminary plat by the City Council, the developer
shall submit an application for final approval to the Clerk, as set forth in these
regulations. The application shall be accompanied by:
1. One (1) copy ofthe plat which is to be recorded.
2. Ten (10) prints of the plat for City record
3. A certified check or money order in an amount to cover the
final fees.
4. A certificate that all improvements required by these
regulations and all other applicable City Ordinances have been
installed in strict accordance with the standards of construction
of the City: or a guarantee that the improvements will
subsequently be installed by the owner, in the form of a bond
Page 26 of34
City of Centerville
Ordinance #8
Effective 12/16/82
that will cover the cost of improvements as estimated by the
City Engineer or Council. Failure to provide such data within
the ninety (90) day period shall render null and void the
approval of the preliminary plat. An extension of this time
period may be granted by the City Council on request of the
developer.
5. Final Plat will not be approved until developer gets approval
from Rice Creek Watershed.
45.04-1. ACTION BY CLERK. The Clerk shall send one (I) copy of each of the final
data to the City Attorney for review.
45.04-2. ACTION BY COUNCIL. Upon receipt of the reports of the City Engineer
and City Attorney, the Council shall consider approval of the final plat.
Following approval by the Council, the Mayor or other authorized person
shall endorse the plat and the Clerk shall return it to the applicant. If the final
plat is not in substantial compliance with the regulations and conditions set
forth, the Clerk shall return the final plat to the applicant with an attached
statement identifying the areas of non-compliance. The City Council shall
approve or disapprove the plat within sixty (60) days of staff reports.
45.04-3. RECORDING. The subdivider shall present a copy of the approved final plat
to the Register of Deeds of the County. Unless the plat is duly recorded
within sixty (60) days from the date of final plat approval, the City approval
of the plat is void.
45.04-4. NON-COMPLIANCE. In the event the final plat as submitted for final
approval is returned for non-compliance:
1. The applicant may treat such notification as denial of final approval;
2. The applicant may resubmit the plan so it does comply with the
regulations and conditions set forth;
3. The applicant may file a written request for a hearing before the
Council, unless having previously been heard by the Council.
ARTICLE 5 - ADMINISTRATION AND ENFORCEMENT.
5 I. GENERAL.
51.01. ADMINISTRATOR. The City Clerk shall serve as the administrator who
shall be responsible for the administration of this Ordinance and shall:
51.01-1. Administer the provision of this Ordinance in accordance with its literal terms
Page 27 of34
City ofCenterville
Ordinance #8
Effective 12/16/82
and regulations.
51.01-2. Collect the fees as established by resolution ofthe City Council.
51.01-3. Maintain permanent and current records pertaining to this Ordinance,
including but not limited to maps, amendments, appeals, and applications
therefore.
51.01-4. Receive, file and forward petitions for appeals, amendments or other action to
the appropriate official bodies.
51.02. PUBIC HEARING. Before acting on any subdivision plan, the Planning and
Zoning Commission shall arrange for a public hearing thereon, after giving
notice of the time and place in the official newspaper of the City at least ten
(10) days prior to the day of the hearing.
51.03. VARIANCES. The Council may grant a variance upon receiving a report
from the Planning Commission in any particular case where the subdivider
can show that by reason of exceptional topography or other physical
conditions, the strict compliance with the or other physical conditions, the
strict compliance with these regulations could cause unnecessary hardship.
Application for such a variance shall be made in writing by subdivider at the
time the preliminary plat is filed with the Clerk. A variance thus granted shall
be recorded in resolution form entered in the minutes of the Council setting
forth the reason which justified the action.
51.04. INSPECTION. When the plans of streets and other improvements have been
approved as provided in this Ordinance, the subdivider shall first notifY the
Clerk of his intention to proceed with the construction or installation of said
streets and improvements, notification shall be made at least twenty-four (24)
hours before any such construction or installation shall commence, so as to
give the City officials an opportunity to inspect the site prior to
commencement of work and to inspect installation or construction of said
streets and improvements during the course of work being performed. In
order to defray a part of the costs incurred by the City in inspecting the
installation of improvements required by the Ordinance, the subdivider shall,
before he proceeds with any construction or installation, present a certified
check or money order made payable to the City in an amount equal to three
(3) percent ofthe City Engineer's estimate of the cost of the improvements.
51.05. MAINTENANCE BOND. After the utilities and streets are approved, the
developer shall furnish the City with a one (1) year maintenance bond equal to
twenty (20) percent of the construction costs. During the one (I) year
maintenance bond period, the City will perform routing maintenance. Any
unusual problems shall be corrected by the developer. After one (1) year, the
City Engineer will inspect the utilities and streets. If everything is acceptable,
Page 28 of 34
51.06.
52.
52.01.
52.02.
52.03.
52.04.
52.05.
City ofCenterville
Ordinance #8
Effective 12/16/82
the City will accept full responsibility from that point on.
BUILDING PERMITS. No building permit shall be issued for the
construction of any building, structure or improvements to the land or any lot
within a subdivision as defined herein which has been approved for platting,
until all requirements of this Ordinance and all provisions for street
construction and land improvement have been complied with in full.
Furthermore, no building permit will be issued for the construction of any
building structure on any lot within the City which does not abut on a publicly
dedicated in maintained street.
AMENDMENT.
IN GENERAL. This Ordinance may be amended by following the procedure
specified in this section.
INITIATION. An amendment may be initiated by the City Council or the
Planning Commission or by the petition of a resident to the City Council. An
amendment not initiated by the Planning Commission shall be referred to the
Commission for study and report, and the Council shall not act on the
amendment until it has received the recommendation of the Planning
Commission or until sixty (60) days have elapsed from the date of reference
of the amendment without a report by the Commission.
ACTION BY COMMISSION. Before any amendment is adopted, the
Planning Commission shall hold at least one (I) public hearing thereon after a
notice of the hearing has been published in the official newspaper at least ten
(J 0) days before the hearing. Following the hearing, the planning
Commission shall make a report of its findings and unless the amendment has
been initiated by the commission, and commission determines not to
recommend it to the Council, it shall file a copy with the City Clerk within
fourteen (J 4) days of the meeting at which the date of the hearing was set.
When the amendment to the Commission. Failure of the Planning
Commission so to report on an amendment not initiated by its, is deemed to be
approval by the Commission ofthe amendment.
COUNCIL ACTION. Upon the filing of such report, or upon the failure of
the Planning Commission to file such a report within the time prescribed by
Section 52.03 on an amendment proposed by petition or by the Council, the
City Council shall hold such public hearings as it deems advisable. After the
conclusion of the hearings, if any, the Council shall act upon the request
within forty-five (45) days to adopt the amendment or any part thereof in such
form as it deems advisable.
FEE. Any person filing a petition requesting an amendment to this Ordinance
shall pay a fee according to the schedule established by the City Council. The
Page 29 of 34
53.
53.01.
53.02.
54.
City of Centerville
Ordinance #8
Effective 12/16/82
fee is payable at the time of filing and is not refundable.
APPEALS. The City Council shall have the power and duty of hearing and
deciding appeals where it is alleged that there is an error in any order,
requirement, decision or determination made in the administration or
enforcement of this Ordinance.
PROCEDURE. An appeal for administrative review may be taken to the
Council by any person, firm or corporation or any City officer, department or
agency affected by an adverse decision in the administration or enforcement
of this Ordinance. Such an appeal shall be taken by filing a Notice of Appeal
specifying the grounds there of with the City Clerk and the Council within
thirty (30) days after the decision. If the appeal is not taken by the owner of
the property which is the subject matter of the decision appealed from, the
notice shall not be so filed until after it has been served upon such owner
either in person or by mail. The City Clerk shall forthwith transmit to the
Council all papers constituting the record upon which the action appealed
from was taken. An appeal for an administrative review stays all proceedings,
in furtherance of the action appealed from unless the administrator certifies to
the Council that by reason of facts stated in the certificate, a stay would in his
opinion, cause imminent peril to life or property. In that case, the proceedings
shall not be stayed otherwise than by a restraining order granted by a Court of
competent jurisdiction. The Council shall at its regular meeting after the
filing of an appeal to it from a decision set a date for hearing thereon, which
shall be not later than (sixty (60) days after the meeting. After hearing the
oral or written views of all interested persons, the Council shall make its
decision at the same meeting or at a specified future meeting thereof. The
decision of the Council may be appealed to the County District Court.
FEES. There shall be no fee charged for appeals.
PENALTY. The penalty for violation of this Ordinance shall be defined in
Ordinance No. 19.
ARTICLE 6 - DEFINITIONS
For the purpose of this Ordinance, certain works and terms are hereby defined as follows:
61.01.
61.02.
61.03.
ALLEY: A public right-of way which affords a secondary means of access to
abutting property.
BLOCK: A tract of land bounded by streets or a combination of streets,
parks, cemeteries, railroad rights-of-way, shorelines, waterways or
corporation boundary line ofthe City.
BOUNDARY LINES: The line also indicating the bounds of limits of any
Page 30 of34
City of Centerville
Ordinance #8
Effective 12/16/82
tract or parcel of land.
61.04. BUILDING LINES: The line also referred to as setback line means the line
beyond which property owners or others have no legal or vested right to
extend a building or any part thereof without special permission and approval
of the proper authorities.
61.05. BUIT LOT: A butt lot is a lot, the sideline of which coincides with the back
line of one or more other lots.
61.05-1. CITY IMPROVEMENTS: Improvements to be installed by the City as
provided in Section 38.02 and/or the development agreement and financed
through assessments procedures.
61.06. COMPREHENSIVE PLAN. The comprehensive development plan made
and adopted by the City of Centerville, Minnesota, indicating the general
locations recommended for major thoroughfares, streets, parks, public
buildings, zoning districts and other public improvements.
61.07. CONTOUR MAP: A map on which irregularities of land surface are shown
by lines connecting points of equal elevations. Contour intervals are the
vertical heights between contour lines.
61.08. CORNER LOTS: The lot or lots within a plat and situated at the corners
thereof so that they are bounded on two sides by streets. This term applies to
any lot within the plat at street intersections and bounded on two sides by
streets.
61.09. CROSS WALK: A right-of-way, municipally owned, which cuts across a
block to furnish access for pedestrians to adjacent street or properties.
61.10. CUL-DE-SAC: (Court or Dead-end Street) A short minor street having one
end open to traffic and being permanently terminated by a vehicular turn-
around.
61.10-1. DEVELOPER IMPROVEMENTS: Improvements to be installed by the
developer as provided in Section 38.01 and/or the development agreement.
61.11. EASEMENT: A grant the property owner to the use of a strip of land by the
public, a corporation, or person for specific purposes.
61.12. FRONTAGE: The width of a lot or building site measured on the line
separating it from a public street or way.
61.13. HALF STREET: A street divided longitudinally by a property line.
Page 31 of34
61.14.
61.15.
61.16.
61.17.
61.18.
61.19.
61.20.
61.21.
61.22.
61.23.
61.24.
61.25.
City of Ccntcrvillc
Ordinance #8
Effective 12/16/82
LAND SURVEYOR: A registered land surveyor capable of preparing
engineering plans for land subdivision plats.
LOT: A portion of a subdivision, or other parcel of land intended as a unit for
transfer of ownership or for development capable of being occupied by one or
more structures.
LOT DEPTH: The mean horizontal distance between the front and rear line of
a lot.
LOT DOUBLE FRONTAGE: A Lot, the generally opposite ends of which
both abut on streets.
LOT WIDTH: The mean width measured at right angles to the depth.
NATURAL WATERWAY: Any natural passageway in the surface of the
earth so situated and having such a topographical nature that surface water
flows through it from other areas before reaching a final ponding area. The
term also means to include any and all drainage structures that have been
constructed or placed for the purpose of conducting water from one place to
another.
OWNER: The person having legal title, his duly authorized agent or attorney
in fact, a purchaser, devisee, fiduciary and a person having a vested interest in
the property in question.
PEDESTRIAN WAY: A public or private right-of-way across a block or
providing access within a block, to be used by pedestrians and for the
installation of utility lines.
PLAT: A map or chart indicating the subdivision or re-subdivision of land,
intended to be filed for record.
RIGHT-OF-WAY: The land covered by a public road or other land dedicated
for public use or for certain private use of, such as land over which a power
line passes.
RESERVE STRIPS: Narrow strips or narrow strips of land usually withheld
from the street right-of-way to form a barrier between certain property and the
public street or thoroughfare.
STREET: A right-of-way, which affords the principal means of access to
abutting property. A street may be designated as a highway, thoroughfare,
parkway, boulevard, road, avenue, lane, drive, place or other appropriate
name. A street may also be identified according to type of use as follows:
Page 32 of34
61.26.
61.27.
61.28.
61.29.
61.30.
61.31.
61.32.
61.33.
City of Centerville
Ordinance #8
Effective 12116/82
A. Arterial Street or Highway: Streets providing for traffic movements
between traffic generation areas.
B. Collector Streets: Streets provided connection primarily between
arterial streets or arterial and local streets.
C. Local Streets: Streets serving primarily as access to abutting properties
and not intended as major streets or highways caring through traffic.
STREET WIDTH: The shortest distance between lines of lots delineating the
street.
SUBDIVIDER: Any person who undertakes the subdivision ofland as defined
herein. The subdivider may be the owner or the authorized agent of the owner
of the land to be subdivided.
SUBDIVISION: The division of a single lot, tract or parcel of land, or a part
thereof, into two or more lots, tracts or parcels of land.
THOROUGHFARE: A public right-of-way with a high degree of traffic
continuity and serving as an arterial traffic way between the various districts
ofthe City of Centerville.
TOPOGRAPHY: The detailed description of the features of a relatively small
area, also the relief features or surface configuration of an area.
WATERCOURSE: The work watercourse shall include channel, creek, ditch,
drain, river and stream.
WATERSHED: Rice Creek Watershed District.
ZONING: The reservation of a certain specified areas within the municipality
for buildings and structures for certain purposes with other limitations such as
heights, lot coverage and other stipulated requirements.
Adopted on December 8, 1982
(Signature on File)
Gary Savela, Mayor
Attest:
(Signature on File)
Lu Prachar, Clerk-Treasurer
Published in the Circulating Pines on December 16, 1982
Page 33 of 34
Adopted: May 13, 1987
Published in the Quad Community Press on July 21, 1987
Adopted: February 10, 1988
Published in the Quad Community Press on March I, 1988
Adopted: May 22, 1991
Published in the
Adopted: April 11, 1990
Published in the Quad Community Press on June 4, 1991
Adopted: February 27,1991
Published in the Quad Community Press on March 19, 1991
Adopted: April 11, 1990
Published in the Quad Community Press on June 4,1991
Adopted: April 24, 1991
Published in the Quad Community Press on May 28,1991
Adopted: March 14, 1990
Published in the Quad Community Press on June 4,1991
Adopted: May 11, 1994
Published in the Circulating Pines on June 2, 1994
Adopted: May 8, 2002
Published in the Quad Community Press on May 28, 2002
Page 34 of34
City of Centervillc
Ordinance #8
EfTective 12/16/82
Effective: 6/12/74
City of Centerville Ord. #9
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF CENTERVILLE
ORDlNANCE #9
~"..:;.
AN ORDlNANCE FL'CING TIffi DATE OF THE REGULAR CITY ELECTION,
EXTENDlNG FROM THE TERM OF COUNCIL MEMBERS FOR ONE YEAR
WHERE NECESSARY, AND PROvrolJVNG FOR TIffi YEAR WHEN CERTAlN
COUNCILMEN ARE TO BE ELECTED.
THE CITY COUNCIL OF CENTERVILLE ORDAlNS:
SECTION 1. DATE OF ELECTION.
The regular city election shall be held biennially on the first Tuesday after the first
Monday in November in every even-numbered year beginning with the 1974
election.
SECTION 2. EXTENSION OF TERMS OF C01mffi .~MBERS.
The terms of the mayor and the counc~~)lose current terms will expire on
the first business day of January, 1976, are extended to the first business day of
January, 1977 and those offices shall be filled at the 1976 city election.
SECTION 3. TERMS AND TRANSITION.
Two council members shall be elected for four-~ltar jeans at each biennial
election commencing in 1978. One counci)~'!' sh3ll be elected for a four-year
term at the 1974 city election. Of the three councilmen to be elected at the 1976
election, the two candidates receiving the highest number of votes shall serve for
terms of four years and the one receiving the third highest number of votes shall
serve for a term of two years. The mayor shall be elected for a two-year term at
each such election commencing in 1976.
SECTION 4. REPEALER.
All ordinances or parts of ordinances in conflict herewith are repealed.g
ATTEST:
Lu Marcello
City Clerk-Treasurer
Published in Blaine- SPring Lake Park Life on June 21. 1974.
Page 1 of1
..
CITY OF CENTERVlLLE
PLANNING AND ZONING COMMISSION
FEBRUARY I, 2005
Pursuant to due call and notice thereof, the Planning and Zoning Conunission held their regularly
scheduled meeting on February 1, 2005, at 6:30 p. m.
ABSENT:
Brian Hanson
Jennefer Klennert Hunt
Jeff Hanzal
Bob Wright
Tom Wood
:,::WNot
PRESENT:
COUNCIL:
Linda Broussard Vickers
STAFF:
Mr. PaIzer
L CALL TO ORDER
1. Roll Call
The meeting was called to order at 6:30 p.m.
Chair Hanson administered the Oath of Office to D. Love.
ll. APPEARANCES
1. Presentation ofPlaaue - Mr. Wilharber
Chair Hanson presented a plaque of appreciation to Mr. Wilharber for his years of service
to the City.
Mr. Wilharber thanked the City for recognizing his years of service to the City and for
the ability to serve.
ID. PUBLIC HEARING(S)
1. Rezone from R-2 to P-1 - St. Genevieve's Church
Chair Hanson opened the public hearing at 6:35 p.m.
Page 1 of7
.
City of Centerville
Planning & Zoniog Commission
February 1,2005
Mr. Wilharber of6849 Centerville Road addressed the Commission as a trustee of the
Church of St. Genevieve. He then noted the property was always zoned P-I and at some
point it got put into R2 and they would like to rezone of the property for the expansion of
the Church.
Mr. Wilharber introduced Pat McGuire and Mr. Ford the architects for the church.
Mr. McGuire MCL Architects, St. Paul, MN indicated he is working with the Church of
St. Genevieve to study how the Church could continue to grow with the community. He
then said that the first phase is a parish center that is fully accessible and approximately
5300 square feet of space with a kitchen facility to support the social hall. He further
indicated that they have plans to access on Heritage and a proposed access on Centerville
Road to Anoka County.
Chair Hanson asked when construction is scheduled to begin.
Mr. McGuire indicated they would like to begin in spring and have it enclosed and
weather tight by winter of2005.
Chair Hanson informed them they would need to submit a preliminary plat soon in order
to obtain all necessary approvals for spring construction.
Mr. Wilharber indicated that they have access to sewer and water on three sides.
Mr. Palzer indicated that Ms. Bender has determined that they will need to do a
Comprehensive Plan amendment as the Comprehensive Plan designates the property as
RZ.
Motion by Commissioner Klennert Hunt. seconded bv Commissioner Hanzal to
close the nublic hearin!!. All in favor. Motion carried unanimouslv.
Chair Hanson closed the public hearing at 6:44 p.m.
Chair Hanson said he sees no issue with the rezone or Comprehensive Plan amendment.
Commissioner Klennert Hunt asked how long the Church has owned that property.
Mr. Wilharber indicated the Church has owned the property for 37 or 38 years.
Motion by Commissioner Klennert Hunt. seconded bv Commissioner Wood. to
recommend Conncil annroval of the rezone from R-2 to P-I as reauested and to
recommend annroyal of a Comnrehensive Plan amendment. All in favor. Motion
carried unanimouslv.
Page 2 of7
City of Centerville
Planning & Zoning Commission
February 1,2005
IV. OLD BUSINESS
1. All Committee/Commission Joint Meeting with Council FebrulllY 2. 2005 6:30
p.m.
Chair Hanson reminded everyone of the meeting on February 2,2005 at 6:30 p.m.
V. NEW BUSINESS
1. Ordinance #24 - Animal Owner to Guardian Proposed Amendment
Commissioner Wright indicated that most animal interest groups are in favor of this type
of change in wording to change the word owner in relationship to the animal to guardian.
Commissioner Wright indicated he would like to put the sentence guardian
interchangeable with owner. He then said that he discussed it with Deputy Chief Makela
and he has no issue with the language change nor does Otterlake Animal Hospital.
Commissioner Klennert Hunt asked if Centerville would be the first community in
Minnesota to do this.
Commissioner Wright indicated that Centerville would be the first in Minnesota.
Commissioner Hanzal asked if owner should be left in the definition.
The Commission agreed to use guardian/owner.
Council Liaison Broussard Vickers indicated that a substantive change needs public
hearings but this might not be substantive enough to require the costs associated with
public hearings and publishing. She then said that her second question is issues with
enforcement changing from guardian to owner but she thinks this is a good idea. She
also asked Staff to see if this can be changed without cost to the City.
Chair Hanson asked ifIn Defense of Animals is a radical animal rights organization that
the City may not want to associate with.
Commissioner Wright said they are not radical or like PET A.
Commissioner Love asked what type of publicity and other organizations support this
change.
Commissioner Wright listed some including Best Friends, ASPCA, and Friends of
Animals.
Chair Hanson asked if this would be for just domesticated animals.
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City of Centerville
Planning & Zoning Commission
Februmy 1,2005
The Commission agreed that guardian would be fine for livestock.
Council Liaison Broussard Vickers asked Staff to confirm the definition with legal staff.
Council Liaison Broussard Vickers asked Staff to add this to the Council Agenda for
discussion and opinion oflegal staff.
VI. DISCUSSION ITEMS
1. Snowmobile Ordinance #17A
Commissioner Hanzal said that the speed limit in Lino Lakes is 5 m.p.h. from house to
get to a major trail. He then said that he discussed with an officer in Lino Lakes and their
issues seem to be issues when snow melts off roads and then move up into yards.
Commissioner HanzaI commented that the longer the season goes on the worse the speed
and then the snow melted and neighbors get unhappy because they move into yards.
Chair Hanson indicated that he got a call to complain about snowmobiles in yards and
this person stopped the person and got into an argument with them.
Council Liaison Broussard Vickers indicated that when this was redone last time it drew
a lot of opposition and the snowmobilers insisted that they needed to police themselves
and were not aware of the ordinance and they were going to join the group and learn the
ordinances and police themselves and that has not happened.
Council Liaison Broussard Vickers indicated that she is not sure if this Council would
support a total ban or not. She then said that her opinion is that this is a recreational item
and not a must have or necessity and if they have to trailer them it is not that big of a
hardship.
Chair Hanson asked residents to come in or send in comments to give the City opinions.
Council Liaison Broussard Vickers said she does not think changing the Ordinance
further will help at all with enforcement.
Commissioner Love said he thinks the City would have better luck with enforcement if
they were banned and the City establishes a loading zone and unloading zone or perhaps
let them ride on the County Roads but not in neighborhoods.
Commissioner Hanzal indicated there would be an issue with construction on Main
Street.
Council Liaison Broussard Vickers said she thinks that there is an access and parking
area at the County Park but the park is closed at dusk.
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City of Centerville
Planning & Zoning Commission
February 1,2005
Ms. Stephan indicated she would ask for input from residents on the website.
The Commission asked for input at the next meeting from interested residents.
Chair Hanson said that Hugo is more restrictive.
Mr. Palzer suggested looking at where the snowmobiles are driving and then noted that
the City will not have a shoulder on Main Street and they will no longer be able to use the
Church property when it develops. He further commented that access to the lake would
be limited to lake owners and snowmobiles would have to go through neighborhoods to
get there.
Commissioner Wood said he thinks the City needs to consider commerce from the
snowmobile users and that is why he looked at allowing them on 20th Avenue and
Centerville Road.
2. Ordinances 1 - 6A
Commissioner Klennert Hunt indicated that effective July 1, 2005 it will be illegal to
place CRTs into the garbage and asked if language should be added to the Ordinance
during this change.
The Commission agreed.
Chair Hanson asked whether the language concerning wrapping garbage should be
amended.
Commissioner Klennert Hunt indicated that all garbage must be contained and said she
would check on the wording of the contract.
Commissioner Klennert Hunt asked whether this would be the place to add reguJations on
garbage enclosures.
The Commission discussed it and agreed to check Ordinance #4 to see if garbage
enclosures are covered there.
Commissioner Klennert Hunt indicated the maximum capacity should be changed to 96
gallons.
The Commission asked Staff to look into whether it is appropriate to allow residents to
throwaway dead animals under 10 pounds.
Commissioner Klennert Hunt asked that Staff change in the title of the ordinance the
word water to waste matter of any kind.
Chair Hanson questioned the dollar amounts for insurance.
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City of Centerville
Planning & Zoning Commission
February 1,2005
Council Liaison Broussard Vickers indicated they were raised in 2003.
Ordinance #3B
Conunissioner Wood pointed out a typo in 1.04 change houses to hours and change
regulated to regulate.
Chair Hanson asked that Staff remove, in Section 5.02, one of the promptly notify the
police departments as it is a repeat.
Conunissioner Wood suggested adding that a report be submitted to Council by the City
Attorney upon request.
Council Liaison Broussard Vickers asked to have Staff check on the surrounding cities to
ensure that this ordinance matches those.
Ordinance #6
The Commission asked to change village to City.
Mr. Palzer suggested looking at other cities ordinances on nuisances rather than
amending this one.
Council Liaison Broussard Vickers asked Staff to pull a model ordinance from the
League of Minnesota Cities and provide a recommendation for changes.
Mr. Palzer indicated the biggest issue now is dumpsters or pods and suggested a license
for dumpsters and a required time limit.
Council Liaison Broussard Vickers indicated there may be PODS info in Ordinance #4.
The Commission asked Staff to combine Ordinance #6 and #6A.
The Commission asked that Staff change bother to both.
The Conunission requested that the punishment for misdemeanors be removed and that it
just state that violation is a misdemeanor.
VII. CONSIDERA nON OF MINUTES
I. January 4. 2005 Planning and Zoning Meeting Minutes
Delete Lakso from the roll call.
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City of Centerville
Planning & Zoning Commission
February I, 200S
Motion bv Commissioner BanzaI. seconded bv Commissioner Wood to approve the
Minutes of January 4. 2005. as amended. All in favor. Motion carried
unanimouslv.
Commissioner Love abstained from voting.
VIII. ADJOURNMENT
Motion bv Commissioner Wood. seconded bv Commissioner Wril!:ht to Adjourn the
February 1. 2005 Planninl!: Commission Meetinl!: at 8:18 p.m. All in favor. Motion
carried unanimouslv.
Transcribed by:
Joan Lenzmeier, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
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