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HomeMy WebLinkAbout2005-01-04 P & Z Agenda tervi{{e 'L~Ulfli.f/i'lf IRSi PLANNING AND ZONING COMMISSION MEETING AGENDA TUESDAY, JANUARY 4, 2005 6:30 p.m. I. CALL TO ORDER 1. Roll Call n. APPEARANCESIPRESENTA TION(S) Ill. PUBLIC HEARING (S) IV. OLD BUSINESS 1. Council/Committee/Staff 2005 Achievements V. NEW BUSINESS 1. Appointment of Chairperson & Vice Chair for 2005 (Ord. #72 - Section #4) VI. DISCUSSION ITEMS 1. Snowmobile Ordinance # 17 A VIL CONSIDERATION OF MINUTES 1. December 7, 2004 Planning and Zoning Meeting Minutes vm. ADJOURNMENT STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE ORDINANCE #72 AN ORDINANCE ESTABLISHING BY-LA WSJRULES FOR THE ORGANIZATION AND PROCEDURES OF ALL CITY COMMITfEE AND COMMISSIONS (This Ordinance Repeals Ordinance #37 (Establishing a Planning and Zoning Commission for the City ofCenterville) & Ordinance #58 (Establishing an Economic Development Committee for the City of Centerville for the Purpose of Promoting Economic Development in the City ofCenterville) For the purpose of this document the term Commission and Committee will be used interchangeably. Policy will refer to Commissioners and Committee Members alike. The Council of the City ofCenterville ordains: This Ordinance establishes a City Planning and Zoning Commission, Economic Development Committee for the purpose of promoting Economic Development and a Parks and Recreation Committee. The purpose of these committees is advisory and may make recommendations to the City Council for consideration regarding matters relating to this committee. SECTION 1. AUTHORITY The Committee has the authority to conduct investigations and to make recommendations, however may not make decisions on behalf of the Council. Committees are subject to the same rules as the City Council under the open meeting laws. The Council's final decision, however, and not the Committee's recommendation, binds the City. The Committee may not enter into a contract, employ workers, or authorize expenditures. SECTION 2. ELIGmILITY Any resident of the City ofCenterville is eligible to apply as a Committee member. This individual is welcome to serve on one (1) Committee at a time. Additionally, the Economic Development Committee (EDC) make recommend to Council the appointment of business owners or principals to the committee who are not residents but own businesses within the City. SECTION 3. APPOINTMENTS Each member of the Committee will be appointed by the City Council via a letter of interest submitted to the City Administrator. This letter will be received by the City Administrator no later than November 1 of each year. This same action will take place if City of Centavill. Ordinance #72 Effective: December 31, 2002 a vacancy should happen. On an annual basis the City Administrator would ascertain those who desire to remain on the Committee. Seven (7) members shaH be appointed to each City Committee. SECTION 4. APPOINTMENTS OF OFFICERS At the first meeting of the year the Committee will appoint by majority vote a Chair and a Vice Chair. SECTION 5. OFFICERS DUTIES The Chairperson shall preserve order, enforce the rules of procedure herein prescribed and determined without debate, subject to the final decision of the Commission/Commission on appeal, all questions of procedure and order. The Chairperson will also give leadership; sign reports, write correspondence to be signed by either the City Administrator or the Mayor; compile or assist in the preparation of the agenda as authorized by the Committee; and appoint task forces as authorized by the City Council. The Vice Chairperson shall support and assist the Chairperson; preside over the Committee meetings in the absence of the Chairperson; fin the office of the Chairperson if a vacancy should arise. Appeal: Any Committee Member may appeal a decision of the Chair. To do this, a Committee Member states, "I appeal the decision of the chair", immediately after the chair announces the decision. (Recognition from the Chair is not necessary when making an appeal. The appeal must be seconded, is debatable, and cannot be amended. After the debate, the Committee votes on the Chair's decision. A majority of "yes" votes upholds the decision of the Chair and a majority of "no" votes overrule the decision. A tie vote sustains the ruling. The Chair may vote to uphold his or her own ruling. If no one appeals a ruling as soon as the Chair makes it, it becomes the rule of the Committee. SECTION 6. MEETINGS 1. REGULAR MEETINGS Regular meetings of the Committee shall be held on the same day of each calendar month at same time, set by the Committee and approved by the Council. Any regular meeting falling upon a holiday shan be re-scheduled by the Committee for an alternative date, with enough time to be properly noticed to the public. The City Clerk shall maintain a schedule of regular meetings. This schedule shall be available for public inspection during regular business hours at the City Clerk's office. All meetings, including special emergency meetings, shall be held at City Hall unless otherwise specifically noticed. 2. SPECIAL MEETINGS Any three (3) members of the Committee may call a special meeting of the Committee upon at least 24 hours written notice to each member of the Page 2 of8 Ci1y of CenIerville Ordinance #72 Effective: December 31, 2002 Committee and City Clerk. This notice shall be delivered personally to each member, or left at the member's place of residence. Similar written notice shall be mailed at least three days prior to the meeting date to those who have requested notice of special meetings. This request must be in writing and filed with the City Clerk, designating an official address where notice may be mailed. Such request will be valid for one (1) year. 3. EMERGENCY MEETINGS Any three (3) members of the Committee may call an emergency meeting of the Committee when circumstances require the immediate consideration of the Committee. Notice may be in writing personally delivered to Committee members or may be in the form of personal telephone communication. Notice must include the date, time place, and purpose of such a meeting. Where practical, the Clerk shall make an effort to contact news-gathering organizations that have filed a request to receive notice of special meetings. SECTION 7. PUBLIC NOTICE & OPEN MEETING PUBLIC NOTICE: The City Clerk must post written notice of the date, time, place, and purpose of the meeting on the City Hall bulletin board. Notice of meetings must be posted at least three days before the date of the meeting. The City will publish public notice in the official newspaper, at least three days before the meeting for all special meetings: When the performance of an act is ordered within a "fixed period of time", the time is computed as excluding the first day and including the last day of the prescribed or "fixed time period", unless the last day falls on a Saturday, Sunday or legal holiday. For example, if a meeting is scheduled for a Thursday, uotice has to he given on Monday to meet the tJuee.<fay notice provision. In this scenario, Tuesday is day one, Wednesday is day two, and Thursday is day three. Monday is not included in the time computation. Similarly, if a special meeting is planned for Monday, notice must he given on Friday; Saturday and Sunday are included in the time computation since they are not the last day of the fixed period. If the Committee meets where a quorum is in attendance, the City must make public notice. OPEN MEETING LAW: Under the Minnesota Open Meeting Law, all City Committee meetings must be open to the public. The open meeting law serves three vital purposes: I. To prohibit actions from being taken at a secret meeting where the interested public cannot be fully informed of the decisions of public bodies or detect improper influences; 2. To ensure the public's right to be informed; and 3. To give the public an opportunity to present its views. The law prohibits the use of telephone conversations, e-mail, or letters in a decision- making process among a quorum of members designed to avoid an open meeting. Any person who intentionally violates the open meeting law is subject to personal liability in the form of a civil penalty up to $300 for a single occurrence. The public body may not pay the penalty. Page 3 of8 city ofCenlervill. Ordinance #72 Effective, Deoember 31, 2002 SECTION 8. MINUTES The Committee must keep a full and accurate record of its actions at every committee meeting. The City Clerk records the committee proceedings in a minute book. In the absence of the City Staff member to take the minutes, the Committee should delegate the duty of taking minutes for that meeting. The minutes should be written in language and in terms the average citizen understands. If the Committee finds a mistake in the minutes of the previous meeting, the minutes will be corrected during the current meeting and reflected in the minutes. Once the Committee has formally approved the minutes of any meeting, the minutes should not be changed under any circumstances. Minutes are official papers of the City. The Clerk will be responsible for signing them and posting them to the City's web site. Minute books are public records and must be available for public view at any reasonable time. The following information should be included in the minutes: . The time and place of the meeting; . The members present; . A summary of all decisions made by the Committee, including a copy of each motion exactly as stated, whether or not the motion had a second and, if the motion was seconded, whether or not the Committee adopted it, and the names of the people who made and seconded the motion; and, . The names of the Committee Member who voted either for or against each motion. SECTION 9. ORDER OF BUSINESS Each meeting of the Committee shall convene at the time and place appointed. Committee business shall be conducted in the fo1\owing order: 1. Call to Order 2. Approval of Agenda 3. AwardslPresentationsl Appearances 4. Public Hearings S. Committee Business 6. Consent Agenda 7. Approval of Committee Minutes 8. AnnouncementslUpdates 9. Adjournment Page 4 of8 City of Cent<<ville Ordinance #72 Effective: December 31,2002 The order of business may be varied by the presiding officer, but a1l public hearings shall be held at the time specified in the notice of the hearing. The Chair person/staff liaison shall prepare an agenda of business for each regular Committee meeting and file a copy in the office of the Clerk. The agenda shall be prepared in accordance with the order of business and copies shall be delivered to each Committee member and to others as far in advance of the meeting as time for preparation will permit. No item of business shall be considered unless it appears on the agenda for the meeting or is approved for addition to the agenda by a unanimous vote of the Committee present. The Chairperson/staff liaison shall see that at least one (1) copy of printed materials relating to agenda items is available to the public in the meeting room while the Committee considers their subject matter. The agenda item shall not be considered unless this provision is complied with. This section does not apply to those materials that are classified as other than public under the Minnesota Data Practices Act or materials from closed meetings. SECTION 10. MOTIONS: The Committee transacts business through motions made by Committee Members. These motions are seconded, and subsequently passed or rejected by Committee vote. The Committee Member states his or her motion. (Usually in the following form: "I move . . . text of the motion."). The Committee Member making a motion does not need to favor it or vote for it. The Committee Member may wish to put the issue before the Committee so a decision can be made. Another Committee Member then seconds the motion by saying: "I second the motion." The Chair recognizes the motion and opens the pending motion to discussion. The presiding officer calls for the vote at the end of the discussions and announces the result of the vote. MOTION TO RECONSIDER: Thi. motion enables a Conunittee to set aside a vote it previously took, and to reconsider the matter as though il had not voted on the issue. Only a person who originally voted on the prevailing side may move to reconsid..-. Make the motion by saying, "I move to reconsider . . . slating the motion to be reconsid..-ed . . ." The Committee may debate the motion. If the Committee passes the motion to reconsider, it must then reconsid..- the original motion and take another vote. If the Committee defeats a motion to reconsider, no further action is necessary. MOTION TO POSTPONE INDEFINlTEL Y: There is an important difference between the motion to postpone indefinitely and the motion to postpone temporarily. The motion to postpone temporarily is more commonly called a motion to "lay on the table" or "to table." The motion to postpone, postpones consideration of the motion until some undelfmrined, futore time. The Committee may consider a tabled motion whenever a ~ority of the members decide to do so. A motion to postpone indefinitely, however, is the equivalent to a negative vote on the main motion. Thus, the issue can be raised again only by a motion lIlIIde by someone on the prevailing side of the vote since, onless someone changes his or her mind, the motion to postpone win once again prevail. Page 5 of8 City orCenternlle Ordinance #72 Effective: December 31, 2002 MOTION TO LIMIT DEBATE: A Committee may limit debate by placing a time limit on debate, such as a limit of 3 minutes to consider a particular motion; or limiting the number of people who may speak for and against a certain motion; such as a limit of three speak"'" in favor and three speak"'" opposed. MOTION TO AMEND: Committee Members may offer amendments to a main motion at any time. In addition; it is possible to amend an amendment cunently 1D1der consideration Beyond this, Committee Members can offer no further amendments. When a member has made a motion to amend, the vote on the amendment must precede the vote on the original motion. After the Committee has accepted or n;jected the amendment, another vote on the original motion is necessary. MOTION TO SUBSTITUTE: This is a motion to replace one motion with another on the same sui>ject A Committee Member may move to substitute a main motion or an amendment to a main motion. One form for making a substitute motion is to say, "I wish to introduce the following substitute motion. . . present the substitute motion. . ." When a substitute motion is before the Committee, the Committee must decide which of the two motions, the original motion or the substitute motion; to consider. The Committee must vote on the question. A "yes" vote favors considering the substitute motion. A "no" vote favors considering the original motion. The Committee must then discuss and vote on the selected motion. SECTION 11. QUORUM At all Committee meetings a majority of the appointed members shall constitute a quorum for the transaction of business, but a smaller number may adjourn from time to time. SECTION 12. VOTING The votes of the members on any questions may be taken in any manner which signifies the intention of the individual members, and the votes of the members on any action taken shall be recorded in the minutes. Any member that is present but does not vote, the minutes as to that member's name, shall be recorded as an abstention. SECTION 13. COUNCIL LIAISON The Committee may request from the Council a Liaison to attend their meetings. Council may elect to appoint a Council Liaison to the Committee. The liaison will act as a communicator to and from the Council/Committee. SECTION 14. REMOVAL FROM COMMITIEE PARTICIPATION Any member of the Committee may remove themselves from participation in the Committee by a letter of resignation being submitted to the City Administrator. Any member of the Committee may be removed by Council. Page 6 of8 cay ofCenlerville Ontinauee#72 Effective: December 31, 2002 SECTION 15. ATTENDANCE Any member who fails to attend three (3) consecutive or four (4) meetings in one (1) year will be removed by the City Council. SECTION 16. COMPENSATION All Committee members shall serve without compensation unless a stipend has been set by Council for meeting attendance and at the Council's pleasure. SECTION 17. BUDGET On or before the end of July, the Committee shall submit to Council a budget request for anticipated expenditures for the upcoming year. SECTION 18. EXPENDITURES The Committee is not allowed to expend funds, order any items or contract with vendors for services. All requests will be forwarded to the City Administrator for Council approval and subsequent ordering by City Staff. The Finance Director will submit to the Committee a report setting forth in detail a complete report of all expenditures incurred during the year. SECTION 19. REFERRAL AND REPORTS Any matter brought before the Committee for consideration will be acted on promptly and forwarded to Council for consideration. SECTION 20. GIFTS A Committee Member may not accept a gift from an interested person. An "interested person" is a person or a representative of a person or association with a direct financial interest in a decision the Committee is authorized to make. The definition of an interested person implies that city officials who are authorized to make recommendations that could impact someone financially also cannot accept gifts. Virtually every resident of the city and anyone doing business in the city could at some time have a direct financial interest in a decision or recommendation a city official is authorized to make and thus would qualify as an interested person; such as the issuing of a license or zoning of a property or granting of a land use permit. A "gift" means money, real or personal property, a service, a loan, a forbearance or forgiveness of indebtedness, or a promise of future employment, that is given and received without the giver receiving consideration of equal or greater value in return. The decision or recommendation a city official is authorized to make does not have to be pending or probable. If the city official is authorized to make that decision or recommendation, then a person who could at any time have a direct financial interest in Page 7 of8 city of Centerville Ordinance #72 Effective: December 31, 2002 that decision or recommendation is an interested person and any gift from that person is prohibited. SECTION 21. CONFLICT OF INTEREST A Committee Member may not have a direct or indirect personal, financial interest in any issue before the Committee where the Committee has authority to make recommendations to the City Council. Such Committee Member must abstain from participating in the Committee discussion and from voting on these issues. Specific issues of conflict may include zoning, local improvements, issuance of licenses and permits, and contracts to be recommended to Council. SECTION 22. INCOMPATIBLE OFFICES If a Committee Member receives a certificate of election to the City Councilor Mayor's office, the individual is considered to have resigned from the Committee. SECTION 23. AMENDMENT OF RULES The City of Centerville reserves the right to change the provisions of these by-laws from time to time without notice. These by-laws supersede all prior committee by-laws. Passed and adopted by the City Council ofthe City ofCenterville, Minnesota, this 19th day of December, 2002. Attest: (Signature on File) City Clerk (Si!!-nature on File) Mayor Published in the Quad Community Press on December 31, 2002 Page 8 of8 Effective: 4/24/91 City ofCenterville Ord. #17-A STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE ORDINANCE #17-A AN ORDINANCE REGULATING THE USE AND OPERATION OF SNOWMOBILES IN THE CITY OF CENTERVILLE, AND REPEALING ORDINANCE NO. #17 RELATING TO THE SAME SUBJECT. The City Council of the City ofCentervilIe, Minnesota, does ordain: SECTION 1. INTENT. Operation on Streets and Highways - Operation of snowmobiles upon the roadway, shoulder, inside bank, slope of any street or highway, ditch or on the outside bank within the right-of-way of any street or highway is permitted in conformance with State Law and City Ordinance within the corporate limits of the City of Centerville. SECTION 2. DEFINITIONS. For the purposes of this Ordinance, terms defined herein shall have the meaning ascribed to them. . Direct Crossing: A snowmobile may make a direct crossing of a street or highway provided the following: 1. The crossing is made at an angle of approximately ninety (90) degrees to the direction of the street or highway and at a place where no obstruction prevents a quick and safe crossing. 2. The snowmobile is brought to a complete stop before crossing the shoulder or main traveled way of the highway. 3. The driver yields the right-of-way to all oncoming traffic which constitutes an immediate hazard. 4. In crossing a divided street or highway, the crossing is made only at an intersection of such street or highway with another public street or highway. 5. If the crossing is made between the hours of one-half (1/2) hour after sunset to one- half (1/2) hour before sunrise or in conditions of reduced visibility, only if both front and rear lights are on. Page lof5 Effective: 4/24/91 City ofCenterville Ord. #17-A No snowmobile shall enter any uncontrolled intersection without making a complete stop. The operator shall then yield the right-of-way to any vehicles or pedestrians which constitute any immediate hazard. . Operate: To ride in or on, and control the operation of a snowmobile. . Operator: Every person who operates, or is in actual physical control of a snowmobile. . Owner: A person, other than a lien holder having the property in or title to a snowmobile, or entitled to the use or possession thereof and is responsible for damages unless the snowmobile is stolen. . Person: An individual, partnership, corporation, the state and its agencies and subdivision, and any body of persons, whether incorporated or not. . Roadway: That portion of a highway or street improved, designed or ordinarily used for vehicular travel. . Snowmobile: A self propelled vehicle designed for travel on snow or ice, steered by skis or runners. . Street: A public thoroughfare, roadway, alley, or trail used for motor vehicular traffic which is not an interstate, trunk, county-state aid, or county highway. . Right-of-Way: The entire strip of land traversed by a highway or street in which the public owns the fee or an easement for roadway purposes. . Deadman Throttle or Safety Throttle: A device which when pressure is removed from the engine accelerator or throttle, caused the motor to be disengaged from the driving mechanism. SECTION 3. RESTRICTIONS. It is unlawful for any person to enter, operate or stop a snowmobile within the limits of the City of Centerville: I. On the roadway of any street, except the most right hand lane then available for traffic or as close as practicable to right hand curb or edge of the roadway, except when overtaking and passing another vehicle stopped in the lane or proceeding in the same direction, or in making a left turn. Snowmobiles are also prohibited upon the inside slope and roadway of any trunk, county-state aid and county highways where such highways are so configured within the corporate limits. 2. On a public sidewalk provided for pedestrian travel. 3. On boulevards within any public right-of-way. 4. On private property of another without specific permission of the owner or person in control of said property. 5. Upon any school grounds, except as permission is expressly obtained from responsible school authorities. Page 2 of5 Effective: 4/24/91 City ofCenterville Ord. #17-A 6. On public property, playgrounds and recreation areas, except areas previously listed or authorized for such use by the Park Board, in which case such use shall be lawful, and snowmobiles may be driven in and out of such areas by the shortest route. Authorized areas in the City of Centerville shall be designated by resolution of the Park Board and approved by the City Council. 7. On streets as permitted by this ordinance at a speed exceeding ten (10) miles per hour. 8. During the hours of 10:00 p.m. to 7:00 a.m., Sunday through Thursday, and 12:00 p.m. to 8:00 a.m., Friday and Saturday. This provision is not intended to prohibit snowmobiles from operating on City streets during the hours specified herein. Nor shall it prohibit the operator of a snowmobile from entering or leaving the City of Centerville during the above hours, providing that the operator of a snowmobile utilized the most direct route of travel to and from the operator's residence or destination. 9. Within two hundred (200) feet of church property during the hours of church services, and during the hours of other church functions. This provision is not intended to prohibit snowmobiles from operating on City street adjacent to church property during the hours specified herein. 10. At any place, while under the influence of intoxicating liquor or drugs. 11. At any place in a careless, reckless or negligent manner so as to endanger the person or property of another or to cause injury or damage thereto. 12. The owner shall be held responsible for violations to this ordinance regardless ifthe owner is operating the snowmobile or not. SECTION 4. TRAFFIC ORDINANCES. City traffic ordinances shall apply to the operation of snowmobiles upon streets and highways, except for those relating to required equipment, and except those which by their nature have no application. SECTION 5. TRAFFIC YIELDING. No snowmobile shall enter any uncontrolled intersection without making a complete stop. The operator shall then yield the right-of-way to any vehicles or pedestrians at the intersection, or so close to the intersection as to constitute an immediate hazard. SECTION 6. PERSON(S) UNDER 18. 1. No person under 14 years of age shall operate on streets or make a direct crossing of a City street as the operator of a snowmobile. A person 14 years of age or older, but less than 18 years of age, may operate a snowmobile on streets as permitted under this Ordinance, and make a direct crossing of such streets only if he has in his immediate possession a valid snowmobile safety certificate issued by the Commissioner of Natural Resources as Page 3 of5 Effective: 4/24/91 City ofCenterville Ord. #17-A permitted in conformance with state law, or a valid motor vehicle operators license issued by the Commissioner of Public Safety or the drivers license authority of another state. 2. It is unlawful for the owner of a snowmobile to permit the snowmobile to be operated contrary to the provision of this section. SECTION 7. SURROUNDINGS. It is unlawful for any person to operate a snowmobile within the limits ofthe City ofCenterville: 1. So as to tow any person on a public street or highway except through use of a rigid tow bar attached to the rear of the snowmobile. Exception: A disabled snowmobile may be towed to a private residence without the use of rigid tow bar. 2. Within one hundred (100) feet of any fisherman, pedestrian, skating rink or sliding area where the operation, would conflict with use or endanger other persons or operation in those areas at a speed greater than reasonable and prudent. SECTION 8. MACHINE REQUIREMENTS. It is unlawful for any person to operate a snowmobile any place within the limits of the City ofCenterville unless it is equipped with the following: 1. Brakes adequate to control the movement of, and to stop and hold, the snowmobile under any condition of operation. 2. A safety or so called "deadman" throttle in use and in operating condition. 3. When operated between the hours of one half hour after sunset, to one half hour before sunrise, or at times of reduced visibility, at least one clear lamp attached to the front, with sufficient intensity to reveal persons and vehicles at a distance of at least one hundred (100) feet ahead during the hours of darkness under nonnal atmospheric conditions. Such head lamp shall be so aimed that glaring rays are not projected into the eyes of an oncoming snowmobile operator. It shall also be equipped with at least one (1) red to exhibit a red rear light plainly visible from a distance of five hundred (500) feet to the rear during hours of darkness under normal atmospheric conditions. 4. Reflective material at least sixteen (16) square inches on each side, forward of the handlebars, so as to reflect lights at a ninety degree (900) angle. SECTION 9. IGNITION. Every person leaving a snowmobile on a public place shall lock the ignition, remove the key and take the key with him/her. SECTION 10. PENALTIES. Any person who owns or is operating a snowmobile that violates, disobeys, omits, neglects or refuses to comply with the provisions of this Ordinance shall be guilty of a misdemeanor and upon conviction shall be punished as defined by State Statute. Page 4 of5 Effective: 4/24/91 City ofCenterville Ord. #17-A SECTION 11. SEVERABILITY Should any section, subdivision, clause or other provision of this Ordinance be held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the Ordinance as a whole, or of any part thereot: other than the part held to be invalid. Adopted by the City Council this 24th day of April, 199 I. (Signature on File) Mayor, George Haberman ATTEST: (Signature on File) Clerk! Administrator, Tamara M. Mitz-MiIIer Published in the Quad Community Press on May 28, 1991. Amended: Published in the Quad Community Press on Page 5 of 5 CITY OF CENTERVlLLE PLANNING AND ZONING COMMISSION DECEMBER 7, 2004 Pursuant to due call and notice thereof, the Planning and Zoning Commission held their regularly scheduled meeting on December 7,2004, at 6:30 p.m. ABSENT: Michelle Lakso ':: ~~ Not P None PRESENT: COUNCIL: Linda Broussard Vickers STAFF: Paul PaIzer I. CALL TO ORDER 1. Roll Call The meeting was called to order at 6:30 p.m. n. APPEARANCESIPRESENTATION(S) Mr. Thomas Wood took the oath of office of the Planning and Zoning Commission of the City of Centerville. Mr. Bob Wright took the oath of office of the Planning and Zoning Commission of the City of Centerville. Chair Hanson welcomed Mr. Wood and Mr. Wright to the Planning and Zoning Commission. Ill. PUBLIC HEARING(S) 1. Consideration of Rezoning 6903 Centerville Road (pIN #R23-31-22-32-0023) & PIN#R26-31-22-22-0001 fromR-l toR-2 Chair Hanson opened the public hearing at 6:32 p.m. Planning & Zoning Commission December 7, 2004 Meeting Minutes Mr. Palzer stated this is a housekeeping item that corrects non-conformity due to improper/outdated zoning. Motion bv Commissioner Wilharber. seconded bv Commissioner KIennert Bunt. to close the oublic heariDl~. All in favor. Motion carried unanimouslv. Chair Hanson closed the public hearing at 6:33 p.m. Motion bv Commissioner Wilharber. seconded bv Commissioner Banzai. to recommend Council aooroval of the rezooio!! of 6903 Ceoterville Road (PIN #R23-3l- 22-32-0023) and PIN #R26-3l-22-22-000l from R-l (Rural Residential) to R-2 (Sinllle Familv Residential). All in favor. Motion carried unanimouslv. 2. Proposed Amendments to Ordinance #76 - Adoptinl! the Minnesota State Building Code Chair Hanson opened the public hearing at 6:34 p.m. Mr. Palzer stated this amendment adopts the grading provisions contained in the 2002 supplement to the 2000 International Building Code and adopts the floodproofing regulations contained in Minnesota Rules, Chapter 1335. Motion bv Commissioner Wilharber. seconded bv Commissioner Lakso. to close the JJublic hearin!!. All in favor. Motion carried unanimouslv. Chair Hanson closed the public hearing at 6:35 p.m. Motion bv Commissioner Wilharber. seconded bv Commissioner KIennert Bunt. to recommend Council aooroval of the orooosed amendments to Ordinaoce #76 as recommended bv staff. All in favor. Motion earried unanimouslv. IV. OLD BUSINESS I. Ordinance #79 - Erosion & Sedimentation Ordinance (Tabled from Previous Meeting) Mr. Patzer stated the City does not currently have a map and requested Commission input on obtaining a map identifying low, medium, and high risk zones. He felt there are issues to be addressed including which activities should require a permit and in which areas permits should be required. Commissioner Wilharber asked ifFEMA would be able to provide assistance with the map to give the City some direction regarding floodplain areas. Page 2 of5 Planning & Zoning Commission December 7, 2004 Meeting Minutes Mr. Palzer stated the City has previously done a number of amendments to the FEMA plat and a letter of map amendment and a letter of map revision of the entire area could be obtained. Council Liaison Broussard Vickers asked if there is enough language in the current ordinances to allow staff to enforce the provisions contained in the ordinances and/or to enforce mitigation of any damage done. Mr. Palzer replied he did not feel there is enough language in the ordinances at this time. Council Liaison Broussard Vickers stated it will be important to educate residents about the ordinance so they know what is required of them and to avoid problems after the fact. Council Liaison Broussard Vickers asked how long it would take to develop this type of map. Mr. Palzer stated it will depend on the parameters the Commission wants to include and whether the City wants to hire an engineer for this purpose. Council Liaison Broussard Vickers asked if the City has a copy of a corresponding ordinance from Lino Lakes or Hugo that could provide guidance to staff on this issue. She asked staff to determine who is most capable of preparing the map, how much detail will be included in the map, and to provide a timeline for completion of the map with the estimated cost. Commissioner HanzaI stated it will be important to determine the volume amounts in each of the high, medium, and low areas and the activities which require a permit. He expressed concern that landscaping, including grading, that does not exceed $500 in material and labor is an activity that does not require a permit, however, erosion and sediment control permit may be required because of the cubic yard volume. Council Liaison Broussard Vickers stated that staff should review this further and come back to the Planning and Zoning Commission with some suggested numbers. She added that Randy Neprash may be able to provide some assistance on this. Mr. Palzer stated staff will review this and provide further information at the February meeting of the Planning and Zoning Commission. Motion bv Commissioner Wilharber. seconded bv Commissioner Banzai. to table Ordinance #79 - Erosion & Sedimentation Ordinance to allow staff time to nrenare a recommendation for consideration bv the Plannm!! and Zonin!! Commission at its Februarv 2005 meetin!!. AD in favor. Motion carried unanimouslv. Page 3 ofS Planning & Zoning Commission December 7, 2004 Meeting Minutes 2. Ordinance #30 - SanitarY Sewer (fabled from Previous Meeting) Mr. Paizer stated the revisions to the ordinance are primarily related to the license requirement (Section 6(5)), the Residential Equivalent Charge (Section 6(6)), and Street Repair (Section II). Chair Hanson asked if the requirement in Section 10 for a licensed plumber should be revised to state licensed "and bonded" plumber. Mr. Palzer replied in the affirmative. Council Liaison Broussard Vickers asked about installation of connections at the street and how that type of work is regulated. Commissioner Wood stated the statutes may provide assistance in addressing this issue. Mr. Palzer stated he will research the wording in the Minnesota Plumbing Code to clarify this issue and amend the ordinance accordingly. Motion bv Commissioner K1ennert Hunt. seconded bv Commissioner Lakso. to recommend Council aooroval of Ordinance #30 - Sanitary Sewer. subiect to revision bv staff of the Ian2ua2e contained in Section 10 re2ardin2 licensin2. All in favor. Motion carried unanimousIv. V. NEW BUSINESS 1. CounciVCommitteelStaff 2005 Achievements Chair Hanson stated Mayor Elect Capra has requested input from all committee members regarding proposed projects for 2005. Commissioner Klennert Hunt stated the map identifying low, medium, and high risk zones should be included. Council Liaison Broussard Vickers suggested including the ordinance revisions. Mr. Palzer stated the Commission may wish to look at Main Street construction or landscaping to see how it fits into overall zoning. Commissioner Wilharber suggested the Commission continue to look at old ordinances and in turn look at rezoning some areas as a result of the CSAH 14 construction. Chair Hanson stated the ordinance review is an important project that should be completed. He suggested staff provide the Commission with the snowmobile ordinance at its next meeting if possible. Page 4 of5 Planning & Zoning Commission December 7, 2004 Meeting Minutes VI. DISCUSSION ITEMS Council Liaison Broussard Vickers stated the County has scheduled a public information meeting on December 9, 2004 at 5:00 p.m. at the Wargo Nature Center. She stated the County has indicated after that meeting, it will provide the Council with a final version of the plan. She added the City is preparing a letter to the County outlining its concerns with respect to the speed limit, medians, and traffic signals. She indicated the County is looking for the City's approval by February 2005 and construction is scheduled to begin in 2006. VII. CONSIDERATION OF MINUTES I. November 1. 2004 Planning and Zoning Meeting Minutes Motion bv Commissioner Wilbarber. seconded bv Commissioner Klennert Hunt. to aoorove the Minutes of November 1. 1004. as oresented. All in favor. Motion carried unanimouslY. Commissioners Wri!!.bt and Wood abstained. VIII. ADJOURNMENT Motion bv Commissioner Wi!harber. seconded bv Commissioner Klennert Hunt. to adiourn the December 7.1004 P!annin!!. and Zonin!!. Commission Meetin!!. at 8:05 o.m. AI! io favor. Motion carried unanimously. Transcribed by: Barbara Hughes, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 5 of5