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HomeMy WebLinkAbout1998-08-04 Packet " PLANNING AND ZONING MEETING AGENDA TUESDAY, AUGUST 4, 1998 7:00 P.M. I. OPENING A. Roll Call II. PUBLIC HEARING (S) A. Preliminary Plat Consideration for Travis B. Variance - Reconstruction of a Shed at 1563 Peltier Lake Drive for Phippen C. Rezone Property From RI to PUD (Planned Unit Development) for Rehbein III. CONSIDERATION OF MINUTES A. May 5, 1998 Planning and Zoning Meeting Minutes B. June 2, 1998 Planning and Zoning Meeting Minutes C. July 7, 1998 Planning and Zoning Meeting Minutes IV. APPEARANCES A. Paul McDowell - Northern Forest Product Driveway Expansion V. ACTION ITEMS A. Action on Preliminary Plat for The Woods (Travis) B. Action on Variance to Reconstruct a Shed C. Action on Rezone Request from R1 to PUD (Gerald Rehbein) VI. DISCUSSION ITEMS A. Ordinance #4 - Outbuildings - Saxton B. Amended Ordinance #5 Discharge of Firearms C. September Agenda Items - Special Use Permit VII. ADJOURNMENT NOTICE OF PUBLIC HEARING CITY OF CENTERVILLE COUNTY OF ANOKA STATE OF MINNESOTA Preliminary Plat PLEASE TAKE NOTICE that a public hearing will be held before the Planning and Zoning Commission of the City of Centerville at City Hall, 1880 Main Street. The said meeting will take place on Tuesday, August 4, 1998 at 7:00 p.m. or shortly thereafter. The purpose of the hearing will be to hear all parties present regarding the consideration of preliminary plat approval for the property legally described as: R14 31 22 41 0003 R14 31 22 41 0004 Locally known as: 7305 20th Avenue and 7353 20th Avenue. Written comments will be accepted until 4:00 p.m. on August 4, 1998. City Hall is ADA accessible. Requests for hearing assistance devices or a sign language interpreter must be received before July 21, 1998. Such a request may be made by telephone (612- 429 -3232) or by facsimile (612- 429 - 8629). All interested persons are invited to attend and to be heard. You may call City Hall at 429 -3232 if you have any questions or need additional information. June 26, 1998 /s/Ry -Chel Gaustad, CMC City Clerk abcdefghijklmnopqrstuvwxyz Published in the Times July 16 & 23, 1998. . 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Green Company � SA i; CONSULTING ENGINEERS max lama Po man NSA CansuPJng Engineers July -,1998 File: 804080J (0240) Mr. Jim March Administrator City of Centerville 1880 Main Street Centerville, MN 55038 RE: PRELIMINARY PLAT REVIEW WILD ORCHID ESTATES Dear Mr. March: We received a set of the prefiminanj plat and grading plan for the proposed W11d Orchid Estates development, We received the plan set on July 1, 1998. We would like to take this opportunity to offer the following preliminary comments on the plan and plat. We will have additional comments at the July 6, 1998 planning and zoning meeting. At the June planning and zoning meeting, the Travis' were present to request a building permit for one single family home on the proposed development They are requesting a building permit to construct a new home on at 6, block 1. BRIAN DRIVE CUL -DE -SAC EXTENSION The street serving the development will be an extension cf Brian Drive. Brian Drive would be extended approximately 600 feet to a temporary cul -de -sac. City Ordinance #8, paragraph 26.03 limits cul-de -sacs to a length of 800 feet. However, the 600 feet proposed for construction will be added on to what is currently a dead end street. The total ength of the cul- de-sac from 73 Street to the temporary cul-de-sac will be approximately 900 feet. While the cui -de -sac is proposed to be temporary, some discussion should occur at the July 6'" meeting regarding future road connection points north of Revoir Street and this proposed plat. Revoir Street is another long temporary cul-de -sac. When the area to the rorth of Wild Orchid Estates and Acorn Creek Second Addition develops, connections of both Shan Drive and Revoir Street should be made to 23 Avenue and Old Mill Road, respectively. \LS PNW'SWOLtiDATAtPROJt8040821 \22 &07 july. doc • 1326 Energy Park [Drive • St. Pal. 1, MN 55128 • 612 -4369 fax 612/844 -9446 toil trDQ 688468 -4389 ii -02 -1998 08:40 8.05/09 Mr. Jim March July 1, 1998 Page 2 STORMWATER DRAINAGE ISSUES No crainage calculations were submitted for the proposed development. Drainage calculation need to be provided tor the street runoff contribution to the Center Hills development, as well as calculations showing the sizing of the proposed pond on lots 2, 3, and 4, Block 2. A large Mn /DNR protected wetland is located through the center of the plat. If this wetland is landlocked, volume calculations should be completed to show the 100 -year high water level of the wetland. Permits will be required from the Rice Creek Watershed District and possibly the Mn/DNR for the wetland impacts shown on the grading plan. No mitigation site is shown cn tre plan. PRELIMINARY PLAT • Perimeter drainage and utility easements should be shown for each lot. • Drainage and utility easements should be shown around all wetland areas. • A 20 -foot drainage and utility easement should be shown along the proposed storm sewer between lots 3 and 4, block 2. • Ownership designation of Outlet A will be required in the developers agreement. • Additional right -of -way would be required for the temporary cul -de -sac as shown on the plat. The cul-de -sac boundaries extend beyond the proposed right -of -way. GRADING PLAN • Pond and wetland normal and high water levels should be shown on the grading plan. • Fr posed contours should be shown on the grading plan. The grading plan only shows existing contours. • As indicated above, storm sewer and drainage calculations should be provided for the development. SUMMARY At this time. the developer of the project is requesting a change In the zoning of the property. The proposed zoning designation is R5. The developer would also like to secure a building permit as soon as possible for construction of a home on lot 6, block 1, However, it is important that the ( preliminary y plat istt a least reviewed and discussed prior espe esw oleiceinie ^R ` Company CONSULTING ENGINEERS JLL- 02 -1.998 08 40 P.06/09 Mr. Jim March July , , 1998 Page 3 to Issuing the building permit, to assure that lot fines will be established around the proposed house that meet the required zoning conditions. As indicated above, we will provide more complete review comments at the July 6`" planning and zoning meeting. Due to the fate submittal date, we were not able to complete our review. However, we wanted to provide you with above comments prior to your meeting for your information. if you have any questions prior to the July 6 meeting, please do not hesitate to give us a call. Since:•ely, Howard R. Green Company David E. Nyberg, P. E. Project Manager DEN/st Cc: Mr. Paul Paizer, Centerville Public Works Mr, Tim Kytonen, Glenn Rehbein Companies Dick and Monica Travis, Owner - Developer Mr. Frank Kriz, Howard R. Green Company 1 lSANWf'9;VOL1lpA7A1PRCEIJaAl da,an Company CONSULTING ENGINEERS r, as RICE CREEK WATERSHED DISTRICT Ma corner use al¢r) SUITE 380 ARDEN PLAZA PERIIQT APPLICATION NO. 98 - 8S 3585 LE O GTON AVENUE N RECD OFFICE 7 - - RECD ENGR - 7 -10 -98 ARDEN ;TVA MN 55128 -8056 NOTICE SENT 7- 70 -98 TELEPHONE (612)4850894 AGENDA 7 - 72 - 98 FAX (612)483 -8188 PERMIT PEE r • f t - nn • - - i n • a v a City of Centervil'e Montgomery Watson nc. Inspector Brough P APPLICATION RCWD File TO BE COMPLETED BY AtsZLICApT - PLEASE PRINT Owner Dial[ V _ os rC. Yriv: r Date 31wc+y 9't /99S Address Po. SO w .fl3 Day Phone r la*-to d7 FAX #` 7P,1 -Goo f City/Zip erra/r Diner 4.v fro/ Owner's Signature: freiat MSS' it it drove Dot appaar npp1e left.) )4 - " t Aonlh•atlon row `t of: INQUEST A PERMIT FOR THE FOLLOWING PERIOD OF I_I Comprehensive Stormwater 7TACE TO ALLOW COMPLETION OF THIS PROJECT: Management P1en 8 MONTHS T Land Development Plan (subdhtding) L1 12 MONTHS L,1 Final Site Drainage Pisa L] 18 MONTHS Li Use and/or Appropriation of Public Waters ts) 24 MONTHS (_1 Bridge and/or Culvert Construction Plan Plante contact Dist Gte to discreet m esieasion Li Wetland At. on Plan 'you do not complete your piled in this time period. Psi Improvement Plan Ll Private (_1 Other (explain System Plan ms's Name Ph *, FAX*: iv : /I: r., .4e e a il explain in Remarks) PROPOSED CeY/COL7NTY/HT.AT: Chars a.L be. ca "f irk. -44 �! -6aa PBpdmcr cont.= AWARD DATEc L rile 1423a7‘n An- Ai I1.rject Name: 'ITLS G,) e.d, .e' /.'�l+wr.., l�v flae, Project Purpose: Cbea - /h .r Lisrf' ProjecsLaation: f:// w Dr it.g. -. L" 73 "•/ fn. City or Township: avects✓e /w 1/4 of Section __LS_ c Ti ? N Range n- W Call (812)469.0854 if asdatenee in completing this form is requi red. Please attach drawings, piaas sad other data es outlined in 'Rice Creek Watershed District Permit Information Br.oebare - available upon requeet Mali or deliver this the appropriate fore of along with a esmbi :according to schedule on Page 4 of the Permit Information groohure, sad tint for any aeeaaary Permits that map b! � from tfor pet e Form A&78, Revised 01 -0148 ' STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE NOTICE OF VARIANCE PUBLIC HEARING BEFORE THE PLANNING AND ZONING COMMISSION PLEASE TAKE NOTICE that the Centerville Planning Commission will hold a public hearing and make a recommendation to the City Council on the following matter: . ITEM: VARIANCE . PETITIONER: PATRICK PHIPPEN LOCATION: 1563 PELTIER LAKE DRIVE The petitioner request to reconstruct a storage shed on a 11x11 cement slab where a shed has been standing since 1957. THE PROPERTY MAY BE DESCRIBED LEGALLY AS: BURQUE ADD. NO. 1 LOT 7, BLOCK 2 CENTERVILLE. The said hearing will take place on Tuesday, August 4, 1998 at the Centerville City Hall, 1880 Main Street in the Council Chamber beginning at 7:00 p.m. or shortly thereafter. The City Hall is ADA Accessible. Request for hearing assistance devices or a sign language interpreter must be received before 4:00 p.m July 21, 1998. All person interested are invited to attend and be heard. You may call the City Clerks Office at (612) 429 -3232 if you have any questions or need additional information. Monday, July 6, 1998 /s/ Rv -Chel Gaustad, CMC City Clerk a b c de fghij klmn op grstuvwxyz Published in the TIMES July 16 & 23, 1998. 0 . /1/ e I 3 2 1 w -e, P.C 1 .,s 'w ',I 0. \( mu I P FL AER CAKE '• `� � DRI1. . B o 1711 ' S W 441, 2 p, 0 i r. rc Mr 1 8 . J ° R L1 S. NO. 65 :i F SIB x , 0 5 18G q 7-%.' ,, C.S.A.H. NO. 14 22q O ( 0 lin ' )7� 5 '1 L 2 .6 r. t ® o v / /,M1 13 IL O - .- S -c 4 1 "' J Wa , 1 r 1 � to / V l00 0� 1880 Main Street • Centerville, MAC 55038 Established 1857 CITY OF CENTERVILLE (612) 429 -3232 • Fax (612) 429 -8629 APPLICA N FOR VARIANCE OR REZONING VARIANCE 1,/ FEE j ``iS , CiU REZONING DATE PAID / STREET LOCATION OF 'PROPERTY' 1.5(/) (/) 3 f e i - / / e L a Drive_., LEGAL DESCRIPTION OF PROPERTY: EfocK SIZE OF PARCEL (S) (� ��/ PROPERTY OWNER: 1 r (L`` // _ir PHONE # Lp / J�// (46D0 FEE OWNER: ADDRESS: APPLICANT'S INTEREST IN PROPERTY: l FEE OWNER CONTRACT PURCHASER LEASE HOLDER OPTION TO PURCHASE DESCRIPTION OF REQUEST: r9. b Lt 1 I CL I) rq c2 She orl iJ x /! CeinPn+ 51 _. . 0 / . - . A : a '/ ' MN 4 5inCP I REASON FOR REQUEST: See c- -1 ch e_ rL l ' ill 41/ ,4 * Plus any additional costs incurred for engineering, ',, I legal fees, publication or Sig a7 of prg}Ze,• owner other requirements. Date Patrick J. Phippen 1563 Peltier Lake Drive Centerville, MN 55038 429 -6460 VARIANCE FOR STORAGE SHED - less than 75 feet from lake shore. Reason for request: We have owned our property since 1978. When purchased there was an existing storage structure on an 11' x 11' cement slab next to the lake shore. The structure may very well date back to 1957 when the original home was built. Over the years, the shed has been hit by fallen trees in storms, etc. In an effort to straighten the shed and improve its appearance, we attempted to straighten it and replace the siding dur- ing the fall of 1997. But, as we removed siding it became clear that the structure was bad, so we pulled it to the ground, cleaned up the debris and planned to put a new shed in the following spring. We were certain that because there had been a shed in that spot, there would be no problem replacing it. And, replacing it was the only way to improve the appearance of the shed. When we visited the City of Centerville to get a building permit, we were informed of the "new" rule that states the shed would need to be 75 feet from the lake shore. Unfortunately, we do not have the option to comply with that rule and build a shed 75 feet from the shore or we would have chosen to do that instead of pay the variance fee. The only open property that we have 75 feet from the shore is on one side of the house and must be kept open to drive through because we must pull our dock and boat lift in and out of the water each year. During the 20 years we have lived in our home and had this shed, we have watched both neighbors put it sheds that are NOT 75 feet from the lake shore and did interfere with our view of the lake. One neighbor didn't only put in a shed, they brought in an entire garage. (see photos) We understand why the City has this rule. However, we feel that because the shed was there all along and a new shed should be viewed as an improvement over leaving the deteriorating shed up (which we could have done) and because both neighbors have a shed within 75 feet of the lake, we should be allowed to rebuild the shed. There is also the cement slab to consider, which remains. We also only have a one and a half car garage and having a shed will mean that our yard will be kept neater beause without the shed we do not have storage for many things. This should be in the neighbors' best interests as well. Thank you for your consideration. n , .. ,^ t� . /' 1 �'i t ar , (-) 4:.. ♦ . sit r ♦ Y )) t� _ ' .•, SS t a i 's: C •• , — +i �-.. m . vex V:4 ,k k�. » t t�" ' dR: ,�",e o 'i r y: t' I f ' S � y { 1 L , y t . ` ., C " ^ .+• N f PFD i r ' N . ; • ? ♦ . ( ( L ,kt M S f r .j'' °t� - t 1 1.1 � y ry e 1 .¢° i I , c ,) � �' • , 1. y .i i,�1 ' a, �i g • r n <. yt Le� y N _ 5"1 r i ' el \ R t 1 i :f . I I 1 1 i - y'.i ' V � . .�a r i, . . ...•• w - -' 1 ' 1 t I� I 1 `1 � Sj Y " G ym C } f t t M1 0 .. : j $4;'' ' " ! 1 l t l M�! 1 ' I Y• t '7%t 4. - yyy J 5. J N ,4 p Al 1 f —� I: • n -. s ,y yeir v y N :-.1') f tj l 3.v Y ' t . G ,{� < �q ws � �— * "� �tt Yti.�� y` , ,4n� 7,.,:\- , )S w f (.. Sifi 6._ I1 I, * I it i .Z.....‘,?,-'' . x w e e � G ( i • -4 • r . .r I ' :Sr • 3 1 III t A I • ,�,i A i1 ((7 1 �� iZt - . "-- CITY OF CENTERVILLE COUNTY OF ANOKA STATE OF MINNESOTA REZONE PROPERTY NOTICE IS HEREBY GIVEN that a public hearing will be held before the Planning and Zoning Commission of the City of Centerville at City Hall, 1880 Main Street. The said meeting will take place on Tuesday, August 4, 1998, at 7:00 p.m. or shortly thereafter. The purpose of the hearing will be to hear all persons present regarding the possibility of rezoning the following property: E 1/2 of SV2 of NE 1/4 of SE 1/4 of Sec. 14, T31N, R22W Anoka County The request is to rezone the above - mentioned property from R1 Rural Residential use to PUD - Planned Unit Development use. At the said time and place, the City will give all parties present an opportunity to express their views with respect to the proposed request to rezone the stated property. Written comments will be accepted at City Hall until Tuesday, August 4, 1998, at 4:00 p.m. City Hall is ADA accessible. Request for hearing assistance devices or a sign language interpreter must be received before July 24, 1998. Such a request may be made by telephone (429 -3232) or by facsimile (429- 8629). All interested persons are invited to attend and to be heard. You may call City Hall at 429- 3232 if you have any questions. July 13, 1998 /s/ Ry -Chel Gaustad, CMC I City Clerk abcdefghijklmnopqrstuvwxyz Published in the TIMES July 16 & 23, 1998 1 \ I tn Li TFACT — 4 - - 3t 2 . tan 1322 1631 ids , 545 1553 1847 u REVCIB STREET I ala 1404 134+ 180 11 17.b. lye C . >1i " 3 J ai. I;T� Z 2 3 1 5 6 6 14 ' , a3 1 taa5 ,,,51 !eat 1' o QUEBEC STREET '. 2 Fc, 3 1 ,aO ,+, •e.o , 113,7 1 c• 7 1 0;5 ' oc. LL • _ . :y ., 2 230, av 1342 14 s 5s F1a 3332 m 75 y 73RD STREET 2 4 41111 ® � 16 :} Ja a �} Q I +C i6] 1, 9 RR LS 11i •`V] aK 5) �a6J `L.t I:i! - � , >- 73RD STREET 3 < 1 - -- ` 1 .-1 I, p0 5+6 e. vie i.372 In•d a$ .855 r4i 1 ° 2 4 n a n w ^ �= O 6 1— 1 CONCEPT PLAN OF SECTION 14 CONDOMINIUMS LOCATED IN THE CITY OF CENIERVILLE I CS — = / PNPPARFD POP: 1 "—. R &RLEASINO VICINITY MAP j ' "• t r il HUGO, MN MX ° _ - - — 426-045 a a f l . , ---( _ t ". uwr wluxec S _1 . "C 1 i 1 _ . ! I < V 1 a IllarlaW At NORTH � � I I I — - —. LEGAL. DESCRIPTION: / .. l ` Cast Nall of the south Hon or Ws tbetewu Hooter of the Southeast tuartr of Settlan 14, 1 1, e Township 31, Rowe 22. Moho Cantu 12. r W Minnesota. GRAPHIC SCALE I 1 � a 1 l.wnt I t_ .. __ 1 f111an * 11n 1\ { r�� terviCCe 1880 Main Street • Centerville, 9l(( 55038 TStaSIiSFed 1857 CITY OF CENTERVILLE (612) 429 -3232 • fax (612) 429.8629 APPLICATION FOR VARIANCE OR REZONING VARIANCE _ FEE REZONING X DATE PAID STREET LOCATION OF/PROPERTY 7305 & 7353 20th Ave. LEGAL DESCRIPTION OF PROPERTY: E 1/2 of S 1/2 of NE 1/4 of SE 1/4 of Sec. 14, T31N , R22W Anoka County SIZE OF PARCEL (S) 10 acres PROPERTY OWNER: Rehbein Properties PHONE # 426 -1345 FEE OWNER: Rehbein Properties ADDRESS: 6805 20th Ave S, PO Box 324, Hugo, MN 55038 APPLICANT'S INTEREST IN PROPERTY: x FEE OWNER CONTRACT PURCHASER LEASE HOLDER OPTION TO PURCHASE DESCRIPTION OF REQUEST: Change zoning from R1 Rural Residential to PUD. REASON FOR REQUEST: To develope a Townhouse complex e t a! * Plus any additional costs igna re of .licant incurred for engineering, C legal fees, publication or ignature of property owner other requirements. "7 - - 9� Date CITY OF CENTERVILLE PLANNING AND ZONING COMMISSION MAY 5, 1998 Pursuant to due call and notice thereof, the Planning and Zoning Commission of the City of Centerville held its regularly scheduled meeting on Tuesday, May 5, 1998, at City Hall, 1880 Main Street. PRESENT: Chair Kathy Welk Linda Broussard - Vickers John Buckbee ABSENT: Tina Vermeulen Al LaMotte STAFF: Jim March, Administrator Ry -Chel Gaustad, City Clerk Paul Palzer, Public Works Director /Building Official CALL TO ORDER Chair Kathy Welk called the meeting to order at 7:05 p.m. PUBLIC HEARING (S) Jov_ae Stevens - Lot Split Ms. Joyce Stevens -Green (7007 20th Avenue) briefed the Commission on the reason for a lot split request. Ms. Green explained a business owner voiced an interest in purchasing the pole style building located on her property. The business owner planned to house equipment in the pole building. Furthermore, the business owner is aware the pole building is located within the floodplain. In addition, the business owner planned to purchase the pole building and house. However, the business owner will not be in a financial position until a later date. Ms. Broussard - Vickers questioned the property zoning classification. Mr. March noted the property is in B1 Commercial. Mr. March added, Ordinance #33. FLOOD PLAIN MANAGEMENT ORDINANCE. SECTION 7.0 TBDIVISIONS states, "No land shall be subdivided which is held unsuitable by City Council for -. •- • _ ..•'(• i..• -._. - • ..- w. •• •r - w.. - r A_ • w' .'n h- _ ••• • •' shall con tain a building site at or above the Regulatory Flood F o lion E1 va ion Al vi d ions shal h ave water and 1 w.• •i •• f. i1' i- - • •_ i - !r•vi i. ._ hi •r•' a, - .nd .v- •.• _ - •• h • - ••ivi i•• . • • i .' 1._ _ • '1.' • ' - • • -r -• •' f•. . +- • . • F1.•. P . • __ '4101 „ Mr. Palzer added, a property owner can fill the flood plain, but not in the floodway. In addition, each proposed property must have a buildable site, in the case reconstruction is needed. If the current building is 51% destroyed, the proposed lot must have an area outside of the flood way to build another building. The city cannot issue a building permit to reconstruct the existing building if it is destroyed by 51% or more. Chair Welk confirmed the existing building is in the flood way. Public Hearing closed at 7 :20 p.m. Mr. Palzer noted city ordinances require new structures be two feet above flood plain elevations. Mr. March said the legal council noted the subdivision can be approved with an approved variance. Mr. Buckbee questioned Staff if the business owner considered purchasing parcel "A" with parcel "B." Ms. Green replied selling the property as a whole is too financially restricting for the proposed business owner at this time. Gerald Rehbein - MUSA Swap Mr. March gave a brief overview of the different MUSA dedicated phases and he noted the request to relocate MUSA from the property on the north east corner of the city to the property located south of Main Street and west of 20th Avenue. Also, Mr. March updated the Commission on the City's Comprehensive Plan and its MUSA designation areas. Mr. March added, the proposed MUSA Swap would afford the city and property owner to develop the strip of land along 20th Avenue. Also, the proposed property is not slated for MUSA until year 2001. Chair Welk inquired about comments from the Metropolitan Council. Mr. March commented the best way to address the MUSA shortage on 20th Avenue is to switch the MUSA properties. Councilmember Helmbrecht questioned Mr. March about requesting a Comprehensive Plan amendment from the Metropolitan Council. Mr. March replied the City is not required to file a formal Comprehensive Plan Amendment. However, the City will need to inform the Council that a "House Keeping Amendment" will need to be completed. 2 Chair Welk questioned the audience for comments in regard to the MUSA request. The Planning Commission heard no comment from the audience. Public Hearing closed at 7:24 p.m. Bill Bisek - Variance Mr. Bill Bisek (7098 Centerville Road) presented a plan to expand Kelly's Korner on the northeast corner of the building. Mr. Bisek noted the expansion will create an ADA entrance into the bar area, provide a larger kitchen and dinning area. Mr. March commented several variances have been issued in the downtown area. This appears to be because of non - conformance issues. Mr. March added, the addition will not be further north than the existing north wall. Ms. Brossard- Vickers questioned setting precedence. Mr. Palzer commented variances can be issued to bring a building to a less non - conforming building. Mr. Buckbee questioned Staff if the existing building was destroyed and then rebuilt would the building be within the required set backs. Mr. Palzer noted the County requires a 50' building set back from the center of County Road 14. The Planning Commission suggested waiting until the Design Team reports its findings to the City, prior to approval. Mr. March commented the Design Team will make recommendations to the City on linking trailways, providing downtown access. Chair Welk questioned Staff as to the Design Teams time line to report back to the City. Mr. March commented the Design Team should report back its findings by mid- September. Mr. Buckbee questioned Staff about the County's variance process. Mr. March said Anoka County has plans to widen Main Street. However, it may be in the City's best interest to develop its own way prior to that time. Also, Mr. March understood the City has planting power. Mr. Bisek noted zoning ordinance #4 needed t6 be changed to address the downtown area because of the unique layout and the age of the buildings. Mr. Buckbee commented the City needs to change the ordinances instead of the City granting variances. Public Hearing closed at 7:42 p.m. 3 Amendment to Ordinance 44A Chair Welk read aloud the public notice, the current ordinance and the proposed amended ordinance. Mr. March clarified the reason behind the ordinance amendment which was to eliminate pole buildings and address wood frame buildings. Essentially, one building constructed of brick may be worth $800,000 whereas, a building next to it may be constructed with wood frame material and worth $200,000. The taxing capacity is different due to the site and value of the building. Public Hearing closed at 7:46 p.m. APPEARANCES Roger Kolsted - Rezone and Vacate Property South of Main St. Mr. Kolsted reiterated he had met with the Planning Commission in March and his request was denied. Currently, Mr. Kolsted is requesting the Planning Commission to reconsider a bank at Main Street and Dupre Road. Furthermore, changes have been implemented to address the citizens' and the Commissions comments from the last hearing. Foremost, a sidewalk can be constructed from Dupre Road west to Progress Road, then north to Main Street. The sidewalk would address school children walking. Mr. Kolsted commented the property owners are willing to close on the land and commence building in the spring of 1999. Therefore, he requested the Planning Commission table the issue instead of denying the request. Chair Welk addressed traffic exiting onto Dupre Road. Mr. Buckbee noted the property is currently zoned R2 (Single Family Residential) and several new homes have been constructed on the adjacent property. Mr. March reiterated the city's position on spot zoning and the City's requirement to act on rezoning requests. Furthermore, Mr. March reported the city is in receipt of a 60 -day waiver form. Thus, no action is required from the Planning'Cammission. Mr. Jake Shoepe (7084 Dupre Road) stated he was opposed to the bank construction on the corner to the Eagle Pass Development. Mr. Shoepe also had concerns regarding the safety of school children that walk to the elementary school. Chair Welk noted receipt of a letter drafted by the Hammerick family. (Exhibit A) Ms. Roberta Wirth (7065 Eagle Trail) shared a similar situation 4 which occurred in the City of Mahtomedi, and she commented the homeowners are very unhappy with the City's rezoning decision. In addition, the Mahtomedi bank has been held -up for ransom which subjects the neighborhood to violence. Mr. Marcel Rivard (7022 Progress Road) voiced concern his property may become landlocked if the Clearwater Road is vacated. Mr. Kolsted clarified the vacation of road is from Main Street to Sorel Street. Thus, the property in questioned would not be landlocked. Ms. Peggy Anderson (7082 Progress Road) questioned the Developer who would pay for the sidewalk and its maintenance. Chair Welk noted the city needs to acquire an easement prior to the sidewalk installation. Ms. Linda Paulson (1764 Main Street) commented the bank will not create more traffic than the tree farm generated. Ms. Paulson added, children should not be playing around Main Street area. Mr. Rick Paulson (1764 Main Street) recalled when deer roamed the area. Now, there are townhomes and diesel trucks running. In addition, there is a chiropractic office on Main Street in a residential district, a bank is better for tax purposes. Mr. Buckbee emphasized the City's need to wait on acting until the whole Main Street plan is considered. Ms. Brossard- Vickers suggested waiting until the city receives a report back from the design team, thus affording the city the opportunity to work with all the properties along Main Street. Also, unfortunately, neighborhood opposition does not determine approval or denial if a property is rezoned. Ms. Roberta Wirth (7065 Eagle Trail) stated the zoning change will have an impact on the safety and welfare of all parties, which needs to be taken into consideration, as per state law. And if not, what criterion needs to be met for rezoning. Mr. March replied the city has "Police authority" which gives them zoning rights. Mr. Buckbee commented Mr. Kolsted has presented an interesting concept. However, the idea does not address spot zoning. Mr. Buckbee recommended waiting until the design team brings their ideas back to the city. Mr. Bisek suggested the Planning Commission not place too much 5 weight on the design team. Ms. Brossard- Vickers replied Mr. Kolsted's intent is to pursue the purchase of the property and the construction of the building in the spring of 1999. Therefore, it may be in the city's best interest to wait. Mr. Doug Porter (7046 Eagle Trail) observed south of Main Street is primarily residential and the main corridor of property is a blend of businesses and homes. Mr. Porter suggested the city cater to residential or commercial for future developments. Mr. Porter added, he is opposed to the construction of the bank and stressed the need for children's safety in and around the bank. Chair Welk commented it is difficult to consider all options at this time. It is the City's intentions to bring both residential and business together in harmony. M Buckbee moved and it was seconded to recommend to the Council • • ... .v- • - . . v. • . ..- _-. - f. -, • • _-z•ni • - • • w.i .r 1- ..wn • $ r -v' .liz. '.n committee report Motion carried tnani ously. M_s Brossard Vickers moved and it was seconded to recess for five (51 minutes Motion carried unanimously John Snyder - Site Plan for Terminal Transport Mr. March gave an overview of the proposed business. The facility located at the south east intersection of 20th Avenue and Ceder Street would be constructed to house offices for the payroll business function and for a truck maintenance department. Mr. March foresaw concerns with County Road 54 access. Mr. Buckbee noted it would be nice for the City to attempt to protect the residential properties south of Ceder Street. learwater Meadows Industrial Park Mr. Rehbein briefed the Planning Commission on a proposed layout plan for Clearwater Meadows outlot and he discussed businesses that are interested in building on the proposed property. Ms. Brossard - Vickers questioned the properties zoning. Mr. March indicated the property is identified as B1 Commercial. The Commission discussed light industrial lot requirements of one acre with a minimal lot width of 125' and the set back requirements along County State Aid Road 54. Mr. Buckbee explained the proposed layout meets the minimal lot 6 size. However, the rezone is not conducive to the comprehensive plan. Mr. Palzer suggested the City consider adjusting the ordinances to allow light industrial and commercial in the same category. The Commission discussed identifying commercial, industrial and light industrial districts and its differences. Mr. Rehbein noted the suggestions and commented updates will be implemented and he will reproach the Commission at a later date. Willow Glen Business Park (WGBP) Preliminary Plat Mr. March reported on the WGBP and new developments. Mr. March reiterated the October Commission meeting minutes where the WGBP sketch plan was addressed. Mr. March also distributed a letter from the City Engineer and another from Anoka County Highway Department. Mr. Rehbein pointed out a discrepancy in the right -of -way (ROW) between Anoka County Highway Department and himself. Mr. Rehbein felt Anoka County is requesting too much front footage for the ROW. Mr. March commented the Commission moved to recommend the developer address access onto County Road 14 (Main Street). Ms. Brossard - Vickers questioned future access to outlot A. Mr. Rehbein indicated County Road 21 north is proposed and will service outlot A. Chair Welk recommended implementing one access onto County Road 14 and one access onto County Road 21. Mr. Rehbein stated the west access will be an exclusively right turn entrance only and another in and out access on Main Street and another on 20th Avenue. Action on Lot Split Request Ms. Brossard - Vickers confirmed the city ordinance and the state laws restrict lot splits in the floodplain /floodway. Mr. Palzer read aloud uniform building code 7.0 and 7.1. In summary, a property cannot be subdivided in the floodplain unless a buildable site is located on both of the proposed properties. In addition, the buildable area must be 2' above floodplain elevation. Mr. Palzer noted a building can be constructed in the floodplain. However, the building regulations are restrictive and can be costly. Ms. Brossard- Vickers confirmed the prospective owner knows the property is in the floodplain and cannot be reconstructed if 51% or more of the building is destroyed. Mr. Jack Green (7007 20th Avenue) stated denying this request 7 places the property owner in an unusual position to pay taxes on property that is restricted from utilizing the property. Ms. Brossard- Vickers moved and it was seconded to table the lot ' in .r•- • m.r- ' arm. i.•. • r- .n i• - h- request Motion carried unanimously A tion on the MUSA Swap Ma Broussard Vickers moved to approve the MUSA swapreauest and • - •ui -s• • i • i1 • '.n .r '-. .n't. 1 Action on Variance Request - Kelly's Korner (7098 Centerville Road) Ms. Brossard- Vickers understood the nonconformity ADA concern, but noted the Commission has delayed other projects in anticipation of the design team's findings and questioned Staff if the Commission should wait to act on the variance request. Mr. Palzer commented on federal mandates allow buildings to become less nonconforming. Thus, suggesting the variance request is granted for an ADA ramp. M Brossard Vickers moved to recommend approval of the variance r- - ._ . - r - t_ ADA n•._ -_•nf. u.n - Al • - • -n• -. - • .'n -_ _ - -n 1• -. M. i•n carried una nimously. Ordinance 44 A Ms. Brossard- Vickers moved and it was seconded to tah]e ordinance 44A it .- n- • '.n a -- in. s. i.n __i -• unanimously.,.. Discharge of Firearms Mr. Bucjbee moved and it was seconded to table ordinance #5 until - n- •u i. i.n t- in. • '•n ri -• _ it• 1 Uniform Housing Code M . B_. .r. -V' k -r •v-• . • ' w. .n. -. • -.1- .. n. i -m ni • h. n. •.- _ i n- •u - ion u-- in Motion carried unanimously_, Adjournment h.i K. h .- k •v -• .n. • w. - •... -. • ..'o rn .- M. 5 19.8 P1..i • ... Z.nin. • i • m-- in M. i.n c. ri-e unanimously, The Planning and Zoning Commission meeting adjourned at 10:35 p.m. 8 Respectfully Submitted, Ry -Chel Gaustad, CMC City Clerk 9 CITY OF CEN1'ERVILLE PLANNING AND ZONING COMMISSION JUNE 2, 1998 Pursuant to due call and notice thereof, the Planning and Zoning Commission of the City of Centerville held its meeting and several public hearings on June 3, 1998, at City Hall, 1880 Main Street. PRESENT: Chairperson Kathy Welk Commission Members: Linda Broussard - Vickers John Buckbee ABSENT: Commission Member Al LaMotte STAFF: Jim March, City Administrator Ry -Chel Gaustad, City Clerk Paul Palzer, Building Official/Public Works Director David Nyberg, City Engineer Phil Bergum, P.E. Engineer *********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Roll Call Chair Welk called the June 2, 1998 Planning and Zoning Commission meeting to order at 7:05 p.m. PUBLIC HEARINGS Lessard Rezone Request Mr, Willy Lessard (21080 Floral Bay, Forest Lake, Minnesota) addressed the Commission and requested the property at 7005 20th Avenue be rezoned from residential to commercial, Mr. Lessard explained in the past, the property was zoned and taxed commercially. However, recently the City changed the zoning from commercial to residential. Unfortunately, Mr. Lessard was unaware of the zoning change, therefore, he is requesting the property be rezoned back to commercial. Mr. Lessard further explained his intent is to focus on attracting good businesses in the commercial area. Mr. Ronald Lenz (7008 Brian Drive) commented him and his family moved from St. Paul to Centerville for the peace and quite. Mr. Lenz read aloud a poem. In summary, the natural woods and its habitat are beautiful, so please don't forget about the little chipmunks and birds when considering to develop this property. 1 Mr, Lessard said he appreciated the citizens' interest in nature and noted the property was classified commercial prior the Clearwater Meadows Development and the property will be developed. Mr, Michael Hunter (1917 Center Street) stated he has an investment to protect. The value of his property will decrease if commercial businesses are built behind his home. Ms. Maureen Wilson (7094 Brian Drive) stressed the through street connecting Brian Drive to 20th Avenue will increase traffic and the possibility of children getting hit by a vehicle. Mr. Lessard proposed to install a collector street to have the businesses access 20th Avenue and then eliminate a through road to 20th Avenue. Mr. Donald Moe (New resident on Brian Court) shared him and his family moved two blocks to stay in Centerville. However, had the property behind his lot been zoned commercially, he would not have purchase the lot, In addition, he supported single family homes for the safety and welfare of the community. Also, the property value will be consistent and the area will be more esthetically pleasing to have his property abut residential homes rather than commercial businesses. Ms. Darlene Kurshener (7005 Brian Drive) commented had she knew this property may be rezoned commercial, she would not have purchased her house. Mr. Tim Pelican (1889 Center Street) commented him and his family moved to Centerville two weeks ago to raise their children in a good community away from commercial businesses. Furthermore, he is opposed to the rezoning request and he believes the streets would be safer without commercial businesses located in the proposed area. Mr. Brad Hanggi (7003 Brian Drive) stated the existing houses on Brian Drive and Brian Court account for approximately twenty children and safety should be a city concern. Mr. Paul Gordy (6936 Ivy Court) moved to the city seven years ago, because of the peace and quite. Although, Mr. Lessard may lose money, if the property is not rezoned to commercial, however, the current residents will lose money. Mr. David Luke (7026 Brain Court) noted that recently he and his family moved from Peltier Lake Drive to Clearwater Meadows for the natural surroundings. Now, he may be looking out his back window at a commercial district. In addition, why should the residents' pay for the City's lack of planning. Mr. Brain Hoffman (1949 Center Street) said, whether it is commercial or residential the City should be aware that all the water from the twenty -acre parcel drains into the small pond behind lot 21, of Center Oaks development and it should be addressed. 2 Mr. Lessard comment there is an engineering study in progress to address drainage. Mr. Lessard added, the bulk of the City's tax burden is placed on businesses, therefore, the commercial district is a benefit to the City. Furthermore, Mr. Lessard would not propose anything that would be detremental to the surrounding properties. The new businesses would be well designed with good commercial buildings to blend with the residential area. Mr. Jim March (7147 Brian Way) addressed several concerns that arose. Mr. March stressed any property owner can make a request to the city and the request must be addressed by the City. Therefore, the city is not endorsing the rezone request. Also, the City publishes public hearings and notifies all residents within 350' of the property in question. Therefore, some residents may not have been notified because their property is too far of a distance from the proposed property. The City is governed by the people, comments and concerns are taken into consideration. However, the City will do what is best for the City has a whole. Finally, the developments of Clearwater Meadows and Eagle Pass were designed by the City to connect Eagle Trail and Brain Drive. Mr. Buckbee questioned Staff if the last comprehensive plan indicated the twenty -acre parcel was zoned commercial. Chair Welk noted receipt of three letters received from the Kurchener family (7005 Brian Drive), Carter family (6944 Ivy Court), Johnson family (7017 Brian Drive), and the Lenz family (7008 Brian Drive) (Please see attached). Mr. Buckbee moved to adjourn this section of the public her at 7:45 p.m. Ms. Broussard - Vickers seconded the motion. Motion carried unanimously_ Terminal Transport - Snecial Use Permit Mr. Brent Coatney and Mr. John Snyder gave a presentation on Terminal Transports concept and landscaping plan. The building will be approximately 14,000 square feet and will sit on 6.75 acres. Terminal Transport Developers plan is to break ground for the new building on June 15, and open for business in September of 1998. Mr. March clearly stated the certificate of occupancy will not be issued until the utilities are available and operational. Ms. Norma Nadeau (6644 20th Avenue, Lino Lakes) questioned the business owners if their entrance will be from 20th Avenue or Cedar Street. Mr. Snyder confirmed the business will have access onto 20th Avenue. Mr. March reported the property is industrially zoned and the lot size is similar to Northern Forest Product's lot size. Mr. Brian Hanson (1950 Center Street) said, the semi traffic has increased on 20th Avenue which 3 has caused an increase in noise and pot holes. Mr. Coatney explained the business will be used for central dispatch and a semi truck maintenance service center. Moreover, the semi truck traffic will consist of one to ten trucks daily, central dispatch hours will be from 6:00 a.m. to 11:00 p.m. Mr. Michael Hunter (1917 Center Street) stated it appears the City of Centerville is becoming a business community and then the City will not be a quite community. Mr. Pete Nadeau (6644 20th Avenue, Lino Lakes) suggested the semi truck traffic be directed east on Ceder Street to eliminate 20th Avenue traffic. Mr. Buckbee suggested the developer screen the businesses from the residential district along Cedar Street in Lino Lakes. Mr. Joe Ulrich (7055 Cottonwood Court) commented additional office/ warehouse space will be good for the community tax base. Mr. Buckbee moved to close the Terminal Transp S.eci, Use P-rmit •ubli h-.rin.. Ms. Broussard - Vickers seconded the motion Motion carri ed unanimously. n inu ti n f Ordin nc #44A - Buil 'n Con. r ctio Chair Welk read aloud ordinance #44A - building construction and its proposed amendments. Mr Buckbee moved to close the Ordinance #44A - Building Construction public hearing Ms. Broussard - Vickers seconded the motion Motion carri ed unanimously, Continuation of Joyce Stevens (Greene) Lot Split Request Ms. Broussard- Vickers moved to close the Joyce Stevens (Greene) lot split public hearing. Mr. Buckbee seconded the motion Motion carried unanimously, APPEARANCES Mr. John Snyder Site Plan for Terminal Transport Mr. Snyder approached the Planning Commission and requested approval of the Terminal Transport site plan. Mr. March suggested revising the special use permit (sup) and require a shield between Terminal Transport and the Cedar Street residences. Ms. Broussard- Vickers confirmed the building size and setbacks are in compliance with the city code. Mr. Phil Bergum addressed right -of -way (ROW) concerns referred to in a letter dated June 2, 1998. The engineering firm recommended implementing a 33' ROW based on the center line. Likewise, Mr. Bergum suggested the Commission consider permitting the parking lot encroach on the drainage easement to assist in drainage. Chair Welk questioned the engineering staff in regards to the future expansion along the east side 4 of the property. Mr. Bergum noted the proposed parking lot allows for extra water storage. Mr. March reported a pond is to be constructed north of the site. Mr. Nyberg commented the pond plans are being prepared, however, Mr. Rehbein will propose a comprehensive drainage plan for the 40 -acre industrial property. Mr. Buckbee questioned the engineers if the 40 -acre grading plan concept is conducive to Terminal Transports grading plans. Mr. Snyder replied Rice Creek Watershed District (RCWD) approved Terminal Transports grading plans. Ms. Brossard - Vickers confirmed with Staff the sup is compatible with contiguous properties, and that 20th Avenue is able to handle the increased semi truck traffic. k► the like manner, Ms. Brossard - Vickers inquired about Anoka County's comments in regard to 20th Avenue access. Mr. March stated 20th Avenue is maintained by Anoka County. Also, Anoka County requested entrances accessing onto 20th Avenue are not within 200' of the intersection of 20th Avenue and Cedar Street. The proposed entrance complies with Anoka County Highway Departments requirements. Mr. March reiterated the sup addresses the fact that no utilities are at the property and no operation will be permitted until utilities are available to the property. Mr. Nadeau hoped the City will restrict noise from the trucks and maintenance shop. Mr. March explained the City has a noise ordinance. Ms. Brossard- Vickers moved to grant the sup contingent upon the drainage concerns he addressed and no operation take place at the site until utilities are available. Also. that there be no access from t b uilding , to Cedar Street in the future and the Commission approves the site plan as submitted contingent upon the City Engineer'sproval Mr Buckbee seconded the motion Motion carried unanimously. Dick Travis - Sketch Plan for Moore Properties (7305 &7353 20th Avenue North) Mr. Dick Travis (7264 Twin Lakes) briefed the Commission on a proposed sketch plan with six lots, plus one 10 -acre outlot, on a 20 -acre parcel and he requested the Commissions consideration for sketch plan approval. Mr. Travis planned to independently finance the utility improvements. Incidentally, a trail easement is proposed to access the park and additional park fees will be in lieu of park land. Mr. March reported due to an abandoned house east of the proposed development, the sketch plan is not in compliance with city ordinance. The ordinance states'a septic system is allowed on a minimal 10 -acre parcel. The proposed development will cause too many structures on the south 20 -acre parcel, Mr. Travis replied the existing house will either be demolished or relocated. Chair Welk confirmed the property is within the MUSA. Mr. March said it is unlikely the utility line will serve the east property because of the wetlands. Mr. Nyberg explained that a shallow, 10" line is located south east on 20th Avenue. Moreover, the utility connections will have to be further investigated. 5 Chair Welk confirmed the proposed lots conform with the R5 zoning, 17,000 square feet requirements. Ms. Brossard - Vickers suggested the Travis family return with a more defined plan and she suggested they request to rezone the property from RI to R5. Mr. March noted the City will work with the Travis family to develop the developer's agreement, streets, curb, gutters and utility plans and specifications. Mr k. - - m• - s • r- . -n. . he oun i_ t .e .ro.ert be dev-le .ed a a R5 z.nin district. Ms. Brossard- Vickers seconded the motion. Motion carried unanimously. Husnik Homes - Sketch Plan for Property North of Main Street Mr. Paul Husnik (2640 Westergreen, White Bear Lake) presented a sketch plan for the property on the north east corner of Main Street and Peterson Trail. The proposed building will consist of a couple retail units with rear delivery truck access. Mr. Husnik hoped the building will be constructed and ready for occupancy fall of 1998. Ms. Broussard- Vickers confirmed the first of two driveways is located 90' from County Road 14. Mr. March noted the building is proposed to be of brick construction and encroaches 10' within the drainage easement. Ms. Broussard - Vickers said the building meets with the B1 (commercial) requirements, however four thousand square feet buildings are identified within the light industrial zoning district. Therefore, Mr. Husnik may need to redesign the building or request a variance for the building square footage. Mr. Nyberg explained the building is proposed to encroach on the drainage easement. However, there may be room on the east side of the property to create a deep swale so the drainage would not be hindered. Greg Watson - Starfire Gymnastics (Vacant property south of Eagle Truckingl Mr. Watson (Senior Project Manager) addressed the Planning Commission and gave an overview of the proposed building construction and the site plan for a gymnastics facility. The 15,000 sq. ft. gymnasium is proposed to be located on Clearwater Meadows outlot C. The facility will be used as a modified day care, dance studio and gymnastic training location. The owners plan to hold summer camp and Special Olympics at the proposed site. Mr. Buckbee questioned the project manager as to the height of the building. Mr. Watson said the height is proposed at 21'. Mr. March noted the ordinance allows a maximum of 35'. Ms. Brossard- Vickers questioned the engineer about the drainage concept. Mr. Nyberg explained the drainage from the rear parking lot will drain into the creek. In addition, Mr. Nyberg suggested extending the berm to buffer the residents from the commercial property. Ms. Tina Riehle (7044 Cottonwood Court) felt concerned about the drainage because water collects on the property and then the overflow drains onto her property. 6 • • Ms. Pam Neulkenes (7054 Cottonwood Court) asked what guarantees do the property owners have that in the future the gymnasium will not be converted into an industrial building. The Commission replied there are no guarantees. Mr. Watson stressed a desire to obtain a building permit to ensure the business will be in operation by September 1998. Mr. Buckbee moved to recommend to the Council that the Planning and Zoning Commission recommend Starfire Gymnastics be permitted within the uses of that district and that they m y 'roc- - I h. t a Ili he.rin• for . .e ial e . -rmit. Moti.n - .n.ed b Ms. Br. .r.- Vickers. Motion carried unanimously. Ms. Brossard - Vickers moved to recommend the preliminary sketch plan is approved with special attention to landscaping (to mitigate the west side of the property) and suggested the engineer work with the drainage issue. Motion seconded by Mr. Buckbee. Motion carried unanimously, Ac tion on Lessard Rezone Request The Commission further discussed the Lessard rezone request. Mr. Buckbee commented traffic will increase with more homes and suggested leaving the property zoning as is, commercial and residential. Mr. Lessard explained a blend of doctors offices, dentists offices and/or business offices will make a nice transition between the residential and commercial zones. Mr. Buckbee suggested Mr. Lessard return to the Commission with an idea of how he would like the property to develop. Ms. Brossard- Vickers commented she would like to research the legal guidelines and explore why and how the property was and is zoned. Mr. Lessard stated he will sign a 60 -day rezone waiver form. Mr. Nyberg commented Eagle Pass is a PUD (Planned Unit Development) and suggested Lake Area Utilities land be developed as a PUD. Furthermore, the City's intention is to connect Eagle Trail to Brain Drive. Mr. Buckbee moved to table the Lessard rezone request until the July 7. 1998 Planning Commission meeting and to direct staff to renotify the si'rr un ink property owners the issues will be revisited. Motion seconded by Ms. Brossard- Vickers. Motion carried unanimously. Action of Stevens (Greene) Lot Split Request Mr. March briefed the Commission on flood plain regulations pertaining to Stevens lot split request. Mr. March discussed City ordinance #33 - Flood Plain; in summary, a structure cannot be built within the flood way. Mr. Palzer commented the state law states, in order to approve a lot split within the flood way the site must provide a building site outside of the flood way. Mr. March said the proposed lot will not have an area for constructing a building outside of the flood way. In any case, the city has authority to grant a variance to its own ordinance, but not to state laws. However, the property owner can apply for an amendment to FEMA for a map amendment. The City is restricted and cannot approve a lot split based on the information 7 presented. Ms Brossard - Vickers moved to deny th lot split based on t he facts presented b k+ the Building Official that the City cannot grant a variance to the state laws Also advise the proper owner to a v fora letter of map revision from FEMA in order to request a lot spl'thy the future Motion seconded by Mr. Buckbee Motion carried unanimously. Ms Broussard- Vickers moved to table ever g remaining on the agenda Mr Buckbee seconded the motion Motion carried unanimously. Mr. Buckbee moved to adjoum the June 2 1998 Planning and Zoning meeting. Ms. Brossard - Vicker seconded the motion Motion carried unanimously. The Planning Commission meeting adjourned at 10:40 p.m. Respectfully Submitted, Ry -Chel Gaustad, CMC City Clerk 8 CITY OF CENTERVILLE PLANNING AND ZONING COMMISSION JULY 7, 1998 Pursuant to due call and notice thereof, the Planning and Zoning Commission of the City of Centerville held its regularly scheduled meeting and two public hearings on July 7, 1998, at City Hall, 1880 Main Street. PRESENT: Chairperson Kathy Welk Commission Members: Linda Broussard- Vickers Al LaMotte ABSENT: Commission Member John Buckbee STAFF /CONSULTANTS: Jim March, City Administrator Ry -Chet Gaustad, City Clerk David Nyberg, Consulting Engineer PUBLIC HEARING (S) Lessard Rezone Request - Continued Mr. Willy Lessard (7005 20th Avenue) thanked the Commission for the opportunity to again bring this issue before the Commission. Mr. Lessard gave an overview of the proposed plat with consideration of the rezoning request. The Center Villa development is proposed to include eleven residential lots encompassing 4.6 acres and two commercial lots with two outlots, encompassing 6.95 acres. The largest single family lot is .51 acre and the average lot size is 2000 square feet. Furthermore, outlot A and outlot B is proposed to be 142,487 and 160,344 square feet, respectively. Mr. Michael Hunter (1917 Center Street) commented he is not in favor of the commercial development and would prefer the property remain wooded. Ms. Maria Hanggi (7033 Brain Drive) commented she would rather have Brian Drive not go through because of the traffic safety concems. Mr. Paul Gordy (6936 Ivy Court) commented several residents signed a petition stating they are opposed to the zoning change. Chair Welk noted receipt of the petition which was signed by 39 residents (Exhibit A). Mr. Hunter noted Mr. Lessard is not a resident of the community and when the rezone is granted 1 he may sell the land and move out of the city. Bridget Thoums (6947 Ivy Court) commented the commercial buildings and lighting will be an eye sore and irritant to the surrounding properties. Ms. Susan Luke (7026 Brian Court) said she and her family would not have purchased their home had they knew commercial business would be built in their back yard. Ms. Chris Swenson (7016 Brian Court) stated the residential property surrounds the proposed commercial district and the residents concerns should be taken into consideration. In addition, she is opposed to the rezoning request. Ms. Dana Johnson (7017 Brian Drive) felt it not an appropriate place for commercial. Mr. Gordy commented there are no guarantees as to what will go in the area if it is zoned commercial. Mr. Ron Lenz (7008 Brian Drive) voiced concern about the commercial lights, noise and traffic. Mr. Ronald Kline (6995 Eagle Trail) the residents have no guarantees as to what kinds of business will be built in the area. Mr. Hunter said he is opposed to the zoning change and noted Mr. Lessard may not be a man of his words. Chair Welk emphasized the hearing is open so that the city can listen to the citizens, and she stated the meeting will be held in order and comments will be accepted in a respectful manner. Mr. Matt Davonie (E.R. Rud & Son) explained the benefit of the rezone is to eliminate the possibility of high density housing. Mr. Davonie added, the commercial campus like setting will lend to the community more so than apartments, or other high density structures. Mr. Tim Pelican (1889 Center Street) commented crime has increased in White Bear Township since the movie theater was built. Mr. Pelican predicted the same will happen in Centerville if commercial businesses are built in the proposed lots. Mr. Larry Sailer (1925 Center Street) stressed the need to develop a holding pond to address the drainage problems south of the proposed plat. Ms. Broussard - Vickers questioned the engineers if the drainage concerns have been addressed. Mr. Davonie noted the ponding should help the drainage in the area. Mr. Gordy stated ponding may become a safety hazard for the children. 2 • Mr. Kline questioned Mr. Lessard as to the commercial set back requirements. Mr. Lessard said there is a 30' set back requirement. Mr. Kline commented commercial buildings could be less than 100' feet from residential property lines. Ms. Swensen commented her and her husband will have a problem selling their house if commercial buildings are built near their back yard. Mr. David Bellingsley (6923 Sumac Court) suggested the Commission consider commercial lighting needs, drainage concerns and the residents opposition prior to acting on the request. Mr. Lessard proposed only to allow specific businesses uses for outlots A & B (Exhibit B). Travis Rezone Request (The Woods of Clearwater Creek) Mr. Dick Travis (Developer) requested the Commission to consider rezoning the property at 7305 and 7353 20th Avenue north from R1 Rural Residential to R5 Executive housing. The lots comply with the regulations and the development lends to the area. Mr. LaMotte questioned Mr. Travis if the DNR and RCWD approved their grading plan. Mr. Travis commented the development proposal is scheduled on the August RCWD agenda. Furthermore, the DNR wetlands will not be touched but the building site elevations have not yet been confirmed. Mr. Mike Harris (7296 Brian Drive) voiced a concern about the wetlands and water drainage. Mr, Travis commented the proposed lots are high and will drain into the pond. Mr. Eric Larson (1957 73rd Street) noted he is interested in the drainage on the east side of the property. Ms. Sue Shepard (1935 -73rd Street) questioned the developer if they would be interested in selling the south east building lot to the abutting residents. Mr. Travis commented he would be interested in considering the issue. CONSIDERATION OF MINUTES March 12. 1998 Planning and oning Minutes The Commission tabled the minutes. APPEARANCES Dick T ravis - Sketch Plan for Moore P roperty Mr. Travis shared his plans to develop the Moore property. The proposed lot has ten single family lots and one 10 -acre outlot. Mr. Nyberg commented the Travis family would like to build a house on the north lot. However, the Travis family will need to obtain two variances for a 3 temporary cul -de -sac turn around and another for an emergency vehicle access to the north property. In addition, no certificate of occupancy (C.O.) will be issued until utilities are available to the property. Mr. March commented the Travis family may build on the south property which is 150' off the paved road. Mr, LaMotte questioned Staff if the length of the cul -de -sac is in compliance with city code. Mr. Nyberg commented the road is too long and the Travis' will need to seek a variance approval for the length of the road. Also, the Travis family will seek preliminary plat and the required variance approval during the August 4, meeting. Mr. Nyberg noted Center Villa plans need to move along or the city will need to address the row of tree removal along the north property line. ACTION ITEMS Action on Lessar Rezone R Ms. Broussard- Vickers commented the rezoning issue is a difficult decision to make. Ms. Broussard - Vickers added, she asked her self what is the Commissions role; who does the Commission answer to. Moreover, she noted she could not let personal opinions influence the decision, Ms. Broussard- Vickers touched upon the desire to observe and address the City's needs as a whole. Likewise, public opinion does not influence the planners decision and she observed the benefits to the city. During the June meeting, citizens voiced a concern about traffic safety concerns. However, the revised plan addresses the traffic concerns. Next, the row of trees on the north property line may be removed and high density housing could be constructed. Again, Mr. Lessard has made provisions for the proper drainage and his plan allows for a berm and additional trees to buffer the commercial property from the residential property. Thus, leaving the row of tress and eliminate high density housing. Ms. Broussard- Vickers commented the commercial business taxes will benefit the entire city. Another reason was the property was taxed as commercial for years, until recently when the zoning was changed to residential. Also, Mr. Lessard has submitted a list of permissible commercial uses, limiting the commercial entities to more desirable businesses next to a residential zone. Overall, to rezone the property from R3 to B1 Commercial is good for the City as a whole. Chair Welk stated it appears the commercial venture abutted proposed lots in Clearwater Meadows, however, the lots sold. The city would like to pick and choose what goes where but the rezone is the best decision for the whole city. Ms Broussard- Vickers moved to recommend the Council approve'the Lessard rezone request from R3 to B I for the following reasons: the tax benefit to the city, traffic is not a concern and this rezone request allows existing homes a larger distance from their homes to the buildingg_s where as. high density structures like apartments will not provide the distance luxury. Furthermore Ms Broussard - Vi t ckers moved to recommend to h e Council to rezone the nerty with consideration of the above- mentioned items. And with consideration of all a i neering it-. to lip• • t- . r: dn. edte •ftt- .r.•- t . r.ir -I - .n,-• - . ion Broussard- Vickers ave- Welk LaMo nay. Motion carried. 4 Action on Travis Rezone Request Ms Broussard Vicker moved tos enommend to the Council to approve the Trav rezone reque Motion seconded by Mr. LaMotte. Motion carried unanimously Action on Ordinance #44A - Building,Construction Mr. March presented an amendment to ordinance #44 A - Building Construction to read: Light Industrial/Industrial Districts All buildings erected on land within the light industrial and industrial zoning districts shall be constructed with the main wall component being masonry, concrete or structural iron. No building shall have pole barn type construction nor an exterior wall surface of sheet metal in excess of 25 %of the surface area. Exterior wall surfaces shall be of non - combustible materials, the trim materials are excluded from this requirement. Contrasting architectural features must be included to highlight the exterior wall faces. This may include contrasting building materials and/or colors. The intent is to develop aesthetically pleasing buildings. The building design will be reviewed and approved by the Planning Commission. Commercial Districts Buildings in the commercial zoning districts shall be constructed with the main wall component being wood frame, masonry, concrete or structural iron. No building shall have pole barn type construction. Contrasting architectural features must be included to highlight the exterior wall faces. This may include contrasting building materials and/or colors. The intent is to develop aesthetically pleasing buildings. The building design will be reviewed and approved by the Planning Commission, Mr. March conunented the main intent is the commercial assessed value difference and the buildings longevity. Chair Welk noted there is no problem requiring structurally sound buildings for a better appearance. The Commission's consensus is to proceed with the amended changes. DISCUSSION ITEMS $ horeland Ordinance ' Mr. Nyberg briefed the Commission on the need to adopt the shoreland ordinance to complete the City's comprehensive plan. The Metropolitan Council approved the City Comprehensive plan contingent upon the completion and acceptance of the surface water management plan (SWMP). The shoreland ordinance is needed to complete the SWMP. The shoreland ordinance is designed to identify the particular distance a building construction can occur from the waterways. Currently, the DNR is requesting the city require a 300' setback for the waterways. Whereas, Rice Creek Watershed District (RCWD) is requesting the city implement a minimal 1000' setback 5 from the waterways. Mr. March proposed to design the shoreland ordinance as less restrictive as possible and then make application for approval to the governmental agencies. The Commission requested a joint meeting with the City Council to discuss this issue. • H Maintenance Stan dards - Uniform Hou sing Code Mr. March updated the Commission on the City's need to implement a housing maintenance standard code. The Uniform Housing Code restricts residence that are in poor condition and provides the City the ability to enforce higher housing maintenance standards. The code will allow the city to address deterioration of principle structures and substandard buildings. Mr. March also proposed for the Commissions consideration, a supplemental ordinance which enforces higher building standards but is less restrictive. Mr. Bill LaLonde (1687 Westview Street) commented the Uniform building code sets a standard which gives the city an opportunity to keep homes maintained at a higher standard. Therefore, assisting in an overall benefit to the City. Mr, March commented the current ordinance leaves room for interpretation, certain areas are too strict and then others areas are not included. Ms. Broussard- Vickers requested additional time to review the uniform housing code and additional supplements. The Commission elected to table the issue until the August 4, Planning Commission meeting. Amended Or dinance #5 Discharge of F The Commission elected to table amended ordinance #5 discharge of firearms. Amended Ordinance #4 Signs. Subd. 32.03 - 04 Political Signs Ms. Brossard- Vickers moved to approve an amendment to th &c rru ent political sign as presented. Mr LaMotte seconded the motion. Motion carried unanimously, Ms. Brossard- Vickers moved to continue the Lessard rezone request public hearing to the July 22. 1998 Council meeting Chair Welk seconded the motion. Motion carried unanimously. ADJOURNMENT Ms. Broussard- Vickers moved to adjourn the July 7 1998 Planning and Zoning meeting. Chair Welk seconded the motion. Motion carried unanimously. The Planning and Zoning meeting adjourned at 10:05 p.m. Respectfully Submitted, Ry -Chel Gaustad, CMC City Clerk 6 Northern Forest Products 2050 Main Street �.4'� A, Centerville, Minnesota 55038 � \ J ,' 4A m Phone 612- 429 -9990 644 Fax 612-429-9993 A y;:,, , R ODUG N July 28, 1998 City of Centerville 880 Main Street Centerville, MN 55038 Dear City Council and Planning and Zoning Committee members: This letter outlines our plans for completing a turnaround driveway on our lot H's 5 and 6 in the Centerville Industrial Park. Pose of Project: To provide a safer and less congested flow of vehicle traffic for current Northern Forest Product's operations. Current Concerns: • Most trucks are opting to back out onto CSAH 14 when leaving due to inadequate turnaround space on current lot #5, creating a dangerous traffic situation. • Several incoming loads of lumber can arrive within a few hour time periods, creating a situation where later arriving trucks are parking on the North side of CSAH 14 until other trucks are unloaded. • Current paved area on lot #5 is inadequate due to sharing of space for following items: - Parking stalls on East and West - Area necessary for current truck being unloaded (forklift unloads from both sides) - Trucks arriving throughout the day picking up lumber to be delivered to our customers - Temporary placement of loads taken off trucks until inbound procedures completed - Sorting of lumber on pavement due to occasional inadequate space in warehouse • Our business is growing constantly and congestion and safety issues will grow. page 1 • Rationale for plan • Creating a turnaround driveway with "entrance only" and "exit only" access points will control the flow of traffic • Multiple inbound loads of lumber could wait "in line" on the new "entrance only" driveway, safely off of CSAH 14 • No trucks would ever back out onto CSAH 14 • Proposed pavement will tie into future plan for development of lot #6 (see Northern Forest Products " Expansion plan" sketch) Rice Creek Watershed Comments Both items per June 28, 1998 letter from Rice Creek have been addressed in Landform Engineering Company's site /grading plan. Anoka County Highway Comments I will address each of the comments per the July 14, 1998 letter from the Anoka county Highway Department (refer to 7 indented paragraphs): Paragraph 1 - Why the additional 10 feet of right -of -way adjacent to CSAH 14 did not occur when lot #5 was developed would have been discussed at that time by our general contractor, Greystone Construction, and the city engineer or other city officials. I cannot recall why this did not occur. I feel that the additional 10 feet requested with respect to lot #6 development can be incorporated in our plans. Paragraph 2 - Similar to paragraph 1 above, the placement of the current lot #5 access was discussed between our contractor and city representatives. I personally did not have any reason for desiring the access to begin at 50'6" versus the recommended 30' from the east line and do not recall why this transpired. Access to lot #6 would be within the 30 feet recommended by Anoka County. Paragraph 3 - It is my understanding that a few or several site plans for development of Centerville Business Park have been proposed, and nothing is definite at this time. page 2 Paragraph 4 - I feel it would not be economically feasible to relocate an access on lot #5. A single access point for lots #5 and #6 would not make sense for this reason , and for the future possible marketability of lots #5 and #6 as unique and separate properties. I feel that County Policy could be adhered to by having the proposed local roadway access on the North side of CSAH 14 line up directly across from our existing lot #5 access, or our proposed lot #6 access (our proposed lot #6 access again is within the recommended 30 feet of the West line). Although Northern Forest Products has purchased lots #5 and #6, we are striving to maintain the rights of owning two separate properties each having the right to access CSAH 14. Paragraph 5 - I am in total agreement that an acceptable access scheme for the North and South side of CSAH 14 be done in a manner which addresses the city and the developers needs and wishes. I feel that safety, traffic flow, and aesthetics are important factors in making our community proud of our industrial developments. I do feel that strong consideration should be given to existing development and for plans that are definite so that progress can be made. Paragraph 6 and 7 - Calculations are included in the site /grading plan drafted by Landform Engineering Company. Proper permits will be obtained as we move forward from Roger Butler. I look forward to answering any questions you may have at the appropriate meetings in the next few weeks. Thank you for your consideration of our plans to further grow in the Centerville community. Sincerely Paul D. 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N /4 m t a IS 1 .,- A EA id QA - 3 o 6 �Z i C t Z ON D y C1 - % A 1 (1\ przoposs4 OWL* c04RE.Jr 3 y Fc...)rv PM/i.. ,G MILL 2c7oM b t. 62,4rS1 6 ON t SrA-fl oft-I 5 o Pi... Z- 0 /20 _ c ON P ot j 11 ■1 /N n 4 E a 0 COUNTY OF ANOKA Public Services Division HIGHW 1440 BUNKER LAKE B N.W DEPARTMENT , (612) 862 -4200 FAX (612) 862 -4201 , ANDOVER MINNESOTA 55304 JANE K. PEMBLE, TRAFFIC ENGINEER DIRECT DIAL NUMBER (612) 8624231 July 14, 1998 Paul McDowell Northern Forest Products 2050 Main Street Centerville, MN. 55038 RE: Site Plan Northern Forest Products — Lots 5 & 6 — Industrial Park Dear Mr. McDowell: We have reviewed the site plan for access revisions to Northern Forest Products, located south of CSAH 14 (Main Street) and east of CR 54 (20`" Avenue) within the City of Centerville, and I offer the following comments: The original site plan review (8- 21 -95) requested an additional 10 feet of right -of -way adjacent to CSAH 14 for future reconstruction purposes (60 feet total width of right -of -way south of CSAH 14 right -of -way centerline). This did not occur when Lot 5 was developed. Anoka County Highway Department is again requesting that 10 additional feet of right -of -way adjacent to CSAH 14 be dedicated to Anoka County. An access scheme which included all lots within this industrial park was recommended to the city in the original site plan review (8- 21 -95) as part of the Northern Forest Products review. These recommendations _ were not followed and access to Lot 5 was not put within 30 feet of the east line. Access to Lot 6 was recommended within 30 feet of the west line. There is no record of an access permit being issued to Northern Forest Products for the access located on Lot 5. A site plan for development of Centerville Business Park on the north side of CSAH 14 has recently been submitted to this department which includes a local roadway connection to CSAH 14 adjacent to Lot 5. Since the unauthorized access to Lot 5 is not at the recommended location and does not line up directly opposite the proposed local roadway on the north side of CSAH 14 it is recommended that this access be relocated. It appears that Northern Forest Products owns both Lot 5 and 6. The Anoka County Highway Department would prefer a single access point to serve both lots. County Policy dictates that this access point shall: (1) line up directly opposite the local roadway on the north side of CSAH 14; or (2) be located at the common boundary between Lot 5 and 6. Anoka County Highway Department would like to work with the city and the developers on the north and south side of CSAH 14 to develop an acceptable access scheme for this area. Calculations must be submitted along with a grading and erosion control plan that delineates the drainage areas for this site. The post- developed rate /volume of runoff must not exceed the pre - developed rate /volume of runoff for the 5 -year, 24 -hour storm, utilizing the "SCS Method" with a curve number determined using Group C soils as a minimum. If any work is to be performed within the county right -of -way, a permit is required and must be obtained prior to the commencement of any construction. Contact Roger Butler, Traffic Engineering Coordinator for this department, for further information regarding the permit process. Thank you for the opportunity to comment. Feel free to contact me if you have any questions. Affirmative Action / Equal Opportunity Employer Sincerely, 4 11-21(17 Jane Pemble Traffic Engineer xc: 1998 Centerville File xc: Ry -Chet Gaustad, City of Centerville xc: Roger Butler, Traffic Engineering Coordinator xc: Mike Kelly, Chief Right of Way Agent xc: Larry Holum, County Surveyor dmh/NO. FOREST PRODUCTS JUN dC "JFJ b.3 4YPI Mill IIUI'tKT 'NH IbUIY b1C D7.7 77 r ii F A X © Waterford Park MONTGOMERY WATSON 505 US Hwy. 169 Suite 4155S Minneapolis, MN 55441 Date: /o76thoe Tel: 612593 -9000 Fax: 612 593-99'75 To: _ Th0 141 ry4Z,1,1911 /1/nrr -kern Are et Pt,w, „rc Fax No: 9,29 9993 From: Qdn4 i - Reference: Direct Line Piton No. 0 No. of Pages: Subject: frrr, DA 9 1 (including cover) �vncrulme . t /'. /I/r Jn ...IP [t (,.)o Cn vP rPO'rwed rrnur' rPguv51. J ' r n (X )^n Pb ,l u4ar el 177 n7e . nPrm/fr 905 . Snipe itt #10 s nerd Yr, (9D nrlidrecC -d n' • P✓en5 .Sr,)6/msWFPr6 tint-Mr QS /7 I. , e5401s) n r � ra inngp_ . 5f4 „r / in Cace,npn,' cogs, 3r/J /+1�'P/,r / r ;» `{le WNW/7 ele o fire d ririrarun Q)Ae'f- ire Yin ten (7Qfobs 47 CIP,�o St47216 f • tP�nre rd. rt .J marina nlav7 R cr0 nr.) ear2 srnn J r on -Aro( .rvirn.5v/e , • 0 Only copy you will receive. [ ] Original follows by mail. cc • ka& ,die wry kebab . ORDINANCE NUMBER 5 AN ORDINANCE TO PROTECT AND PRESERVE THE PUBLIC'S SAFETY BY REGULATING THE DISCHARGE OF FIRE ARMS WITHIN THE VILLAGE OF CENTERVILLE AND PROVIDING A PENALTY FOR VIOLATION THEREOF. THE VILLAGE COUNCIL OF CENTERVILLE, MINNESOTA DO ORDAIN AS FOLLOWS: SECTION 1: It shall be unlawful to shoot, fire off, discharge or explode any gun, pistol, revolver, or other firearm or device which ejects a projectile, upon or onto: Any road, street, avenue, sidewalk or other public place in this village. SECTION 2: It shall be unlawful to shoot, fire off, discharge or explode any single ball ammunition in the Village except upon ranges permitted by the Village Council. SECTION 3: It shall be unlawful to own or operate a rifle or shooting range in this Village unless a permit therefore be issued by the Village Council. The fee for such permit shall be $15.00 and said fee shall be paid to the Clerk prior to issuance thereof. SECTION 4: Nothing herein contained shall prohibit the use of firearms: a) by duly authorized policemen or law enforcement officers, b) by persons engaged in the lawful defense of person, persons, or property. SECTION 5: Any person, firm or corporation violating any provision of this ordinance shall be .guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding three hundred dollars ($300.00) or by imprisonment not to exceed ninety (90) days. SECTION 6: This ordinance shall be in effect from and after its passage and publication according to law. Passed by the Village Council this 10th day of October, 1973. WALTER PRACHER, MAYOR ATTEST: LU MARCELLO, CLERK / MEMO DATE : May 1, 1998 TO Planning Commission FROM : Jim March RE Amendment to ,Ordinance #5 - Discharge of Firearms ********************************** ******* ** * ** ** * ** * *** * ** ** ***** The police department has had some difficulties in trying to enforce Ordinance #5 the way that it is currently written. This item has been referred to the Planning Comuission by the City Council. The main issue is that the current Ordinance does not eliminate the discharge of firearms (shotguns) that emit multiple projectiles within the corporate limits. Duck hunters, trap- shooters, etc. are not banned from discharging their firearms as long as they are shooting multiple projectiles. This item needs to be amended in the current Ordinance. Enclosed in your packet is a copy of the Weapons Ordinance that was adopted this year by the City of Circle Pines. The Circle Pines Ordinance also defines other weapons of less than mass destruction. I would recommend adopting the same Ordinance to have consistency within the Cities for the enforcement by the police department. 12/0'/;7 09:29 CITY OF CIRCLE FINES - 61-=• 429x=32 Y..lii. Dni C A t property. 1335.05 Use of Pools. Subd. 1 Nuisances Prohibited. A swimming pool shall not be located, designed, c ?:w?:+'ated or maintained so as to unduly interfere with the property rights of others. It shall be unlawful for any per =-u to make, continue or cause to be made or continued at any swimming pool, any loud or unusual noise, or any noise which annoys, di.aturbs, injures or endangers the comfort, repose, peace or safety of ethers. The use, or permitting the use of, or the oper of a radio receiving sets, musical instruments, phonograj: . or other machines or devices for the production or reproduction of sound in such manner or volume as to disturb the peace„ quiet and comfort of the public shall be unlawful. Subd. 2 Filling of Sle u4ming Pools. Filling of swimming pools directly from fire nydrants, or other similar municipal water outlets, shall requirr appropriate City permit. • 1335.06 Variance. Any ;,:son seeking a variance from the standards and requYrements of t h' Section may apply for a variance in • accordance with the prorecures specified in Subsection 1310.03 of this Chapter, except tni. the written material provided in support cf the variance applicatz..- shall be the plans and specifications required for a swimming ..col building permit required under this Section. Section 13: - SHORELAND OVERLAY DISTRICT 1340.01 Shoreland Man c. : Classification. This section is adopted pursuant to tt;: authorization contained in the Laws of Minnesota 1973, Chapter 379, and in furtherance of the policies declared in Minn. Stat. IYi6, Chapters 105, 115, 116 and 462. In order to guide the wise , :,r:elopment and utilization of shorelands of protected waters for :`•.a preservation of water cuality, natural characteristics, economy. :ralues and the general health, safety and welfare, certain protect waters in the City, have teen given a shoreland management cl.: :• _fication. These protected waters of the City have been classii:..::1 by the Commissioner of Natural Resources as follows; a. Natural Environmc7' Lakes. 1. Unnamed, D.N.V L.D. No. 2 - 41. 2. Unnamed, D.N.0 L.D. No. 2 -47. 12/03 /97 09:29 CITY OF CIRCLE PINES 612 4293232 NO.298 D02 • b. Recreational Development Lakes. 1. Baldwin Lake. 2. Golden Lake. c. General Development: Streams. 1. Rice Creek. 1340.02 Shoreland OVerley District. The shorelands of the City, are hereby designated as a "'shoreland Overlay District. The purpose of the Shoreland overlay District is to provide for the wise utilization of shoreland &z,eas in order to preserve the quality and natural character of these erotected waters of the City. Subd. 1 Permitted e"raves. All permitted uses allowed and regulated by the applicable zoning district underlying this Shoreland overlay difl..:r - ict as indicated on the official zoning map of the City. Subd. 2 Conditional Dees. ee 1. All conditional Uses and applicable attached conditions • allowed and regu1fl d by the applicable zoning - district underlying this shcee and overlay district as indicated on the official zoning mad: of the city, and as required by Subsection 1340.04 of this Chapter. 2. Boathouses. Subd. 3 Substandard VO4. . Any uses of shorelands in existence prior to the date or enactment of this Chapter which are permitted within the ieeelicable zoning district, but do not meet the minimum lot area, eetbacks or other dimensional requirements of this Chapter are see tandard uses. Substandard uses shall be allowed to continue. However, any structural alteration or addition to a substanOeed use which will increase the substandard dimensions shall not be. allowed. Subd. 4 Prohibited U'.?v`f Any uses which are not permitted or conditional uses as .:-.gulated by the applicable zoning district underlying this shore.eed overlay district as indicated on the official zoning umap of the city. 1340.03 General Provisia_;_. The following standards shall apply to all shorelands of the pr_ cted waters listed in section 1340.01 of this Chapter within t;e. City. Where the requirements of the ee underlying zoning district as shown on the official zoning map are more restrictive than those set forth herein, then the more restrictive standards sh:111 apply: 13 - 59 14/U3/7( U7:7 Lill Ur LIKLLC rII1c. ' 01Z 44rJc c. NATURAL RECREATIONAL GENERAL ENVIRON. DEVELOPMENT DEVELOPMENT WATERS WATERS WATERS 1. Unsewered Areas: Lot Area (Sq. ft.) 80,000 40,000 20,000 Water frontage and lot width at build- ing line (ft.) 200 150 100 Structure Setback from Ordinary High Water Mark (ft.) 200 100 ? Structure setback - - - -50 Fed., State or Cty. from roads and - - - -20 Municipal or Priv. highways (ft.) Structure height 35 limitation (ft.) Maximum lot area Covered by imper) 30 30 30 vious surface Sewage system set- back from Ordinary 75 50 High Water Mark (ft.) 150 2. Sewered Areas: All provisions for unsewered areas shall apply to sewered areas except for the following, which shall supersede the provisions applied to unsewered areas: Lot Area (sq.ft.) waterfront lots 40,000 20,000 15,000 other lots Water frontage and lot width at build) 75 ing line (ft.) 125 75 Structure setback from Ordinary High Water Mark (ft.) 150 75 50 13 - 60 • 3. Sewered & Unsewere4Areas: Regulatory provisions for all lots, sewered and unsewe:rad. a) Substandard Lots: 1) Lots of record in the Office of the County • Recorder or Registrar of Titles prior to May 23, 1988 which do not meet tt“^ requirements of 1340.03 may be allowed as building sites rcvided: (a) Such use permitted in the zoning district. (b) The loc is in separate ownership from abutting • lands. • (c) All other- s anitary and dimensional requirements of this Chapter arr, complied with insofar as practical. • -2) The minimia& size and length of water frontage for substandard Iota cf record shall be: (a) An area >:r less than 12,000 square feet, except.a lot of record. constructed prior to August 13, 1970, Or lots with .•.;:,:roved variances prior to the enactment of this Chapter. (b) A with..{• not less than 80 feet at the building setback lir = :, except a lot of record constructed prior to August 13, ;.3 or lots with approved variances prior to the .m ctment of this Chapter. b) Roads and Parki Areas: Roads and parking areas shall be located to retard t:ae runoff of surface waters and nutrients in accordance with t)llowing criteria: 1) Where fee: - :ale and practical, all roads and parking areas shall meet the setback requirements established for structures in :..340. 2) In no inst< shall any impervious surface be placed less than 50 fccr from the ordinary high water mark. 3) Natural veu or other natural materials shall be used in order t.. screen parking areas when viewed from the water. c) Elevation of ::.ciast Floor: 1) No struct, except boathouses, shall be placed at an 13 - 61 • elevation such thee the lowest floor, including basement, is less than the jeegulatory Flood Protection Elevation and shall not be loceeed in a designated floodway as defined by • Chapter 14 (Floor Plain Management Ordinance). 2) Where a Regul:::t.ory Flood Protection Elevation has not been established, a •:o structure, except boathouses, shall be placed at an .^z?.evation such that the lowest floor, including basement, is less than three (3) feet above the highest known water level. In those instances where sufficient data en known high water levels are not available, the o d.nary high water level shall be used. d) Exceptions to S eecture Setback Requirements 1) Setback requirements from the ordinary high water mark shall not apply .4.,., boathouses, piers and docks. Location of piers and docee shall be controlled by applicable state and local regulations. 2) On undeveloped shoreland lots that have two (2) adjacent lots wfth existing principal structures on both such adjacent lee e, any new residential structure may be set back tha s ,• rage setback of the adjacent structures from the ordinary high water mark or fifty (50) feet, whichever is greee:i>_r, provided all ether provisions of the shoreland overlay district are complied with. 1340.04 Shoreland Altere ons. Subd. 1 Removal of N;r:t :oral Vegetation. The removal of natural vegetation shall be e.,etricted to prevent erosion into protected waters, to consume eee rients in the soil, and to preserve shoreland aesthetics. Removal of natural vegetation in the shoreland overlay die1 /4:ict shall be subject to the following provisions: 1. Selective remoal of natural vegetation shall be allowed, provided that suffcient vegetative cover remains to screen cars, dwellings a. other structures when viewed from the water. 2. Clear - cutting natural vegetation shall be prohibited. 3. Natural vegeta•:. :cn shall be restored insofar as feasible after any construe - titre project is completed in order to retard surface runoff and -oil erosion. 4. The provisione cf this Section shall not apply to permitted uses ; ,,.;,.h normally require the removal of natural vegetation. 13 - 62 12'03/97 09:29 1T/ Or L1rCLt rINtS - bid 427S23' Fla LOW Subd. 2 Grading and illinq. Grading and filling in shoreland areas of any alteration cf the natural topography where the slope of the land is toward a protected water or a watercourse leading to a protected water ekstt be authorized by a conditional use permit applied for and granted in accordance with Subsection 1310.04. The permit elee be granted subject to the conditions that: 1. The smallest ameeht of bare ground is exposed for as short a time as feasible; 2. Temporary grcu: "! cover, such as mulch, is used and permanent ground cover, such as sod, is established; 3. Methods to preve=nt erosion and trap sediment are employed; and 4. Fill is stabilized to accepted engineering standards. Subd. 3 Excavation... Excavations on shorelands where the intended purpose is connection to a protected water shall require a permit from the City before construction is begun. Such permit e_ may be obtained only after the Commissioner of Natural Resources has issued a permit te 'work . in the beds of protected waters. Subd. 4 Course of Wtsr Alteration. Any work which will change or diminish the course, current or cross - section of a protected water or wetland shall ee approved by the Commissioner of Natural Resources, and such ::approval shall be construed to mean the issuance by the Commie ionsr of Natural Resources of a permit under the procedures ,,t Minn. Stat. S 105.42 and other related statutes. 1340.05 Subdivisions. Subd. 1 Prohibited eubdivision. No land shall be subdivided which is held unsuita_-'3.e by the City for the proposed use because of flooding, inadequeee drainage, soil and rock formations with severe limitations iee development, severe erosion potential, unfavorable topography, inadequate water supply or sewage treatment capabilities, or any other feature likely to be harmful to the health, safety or welfare of future residents of the proposed subdivision :,_ of the community. Subd. 2 Plats Submrieted. Copies of all plats within the shoreland overlay dissce.'.ct shall be submitted to the Commissioner of Natural Resources within ten (10) days of final approval by the City. 13 - 63 12/03/97 09:29 CITY OF CIRCLE PINES > 612 429:232 110.298 P07 Subd. 3 Community Unit ; ?Ian (CUP). Altered zoning standards may be allowed as exceptions to this Chapter for CUP'S provided preliminary plans are. Approved by the Commissioner of Natural Resources prior to u;.�rs.vir approval by the City, and further provided: 1. Central sewage facilities shall be installed which meet applicable standards of the Minnesota Pollution Control Agency or the CUP is connected to a municipal sanitary sewer. 2. Open space is preserved through the use of restrictive deed covenants, public dedications, or other methods. 3. The following fl are carefully evaluated to ensure the increased density of development is consistent with the resource limitationei of the protected water: a) suitability Of the site for the proposed use; b) physical and sthetic impact of increased density; c) level of current development; d) amount and owtership of undeveloped shoreland; e) levels and types of water surface use and public accesses; f) levels and types of water surface use and public accesses; g) possible of : cts on overall public use. 4. Any commeroii., recreational, community or religious facility allowed part of the community unit development shall Conform to all applicable federal and state regulations including, but not ;;.ignited to the following: a) licensing p='c» isions or procedures; b) waste disposal regulations; c) water suppl regulations; d) building co e ; e) safety regtL4t :ions; f) regulations < :un cerning the appropriation and use of Protected Waterm ss defined in Minn. Stat. Chap. 105; and 13 - 64 12/03/97 09:29 CITY OF CIRCLE PINES 4 612 4293232 NU.2 b'09 g) Applicable regulations of the Minnesota Environmental Quality Board. Subd. 4 Final Plan. The final plan for a community unit plan shall not be modifiM2, amended, repealed or otherwise altered unless approved in writing by the developer, the municipality and the Commissioner of Natural Resources. Subd. 5 Centralized Shoreline Recreation Facilities. There are centralized shoreline :n i*creation facilities such as beaches, docks and boat launching facilities. 1340.06 Variances and Conditional Uses. Subd. 1 Notice to Commissioner, Variances. A copy of all notices of a public 'searing to consider a variance to the provisions of the Shoreland overlay District or a conditional use in the Shoreland c'vre - lay District shall be sent to the Commissioner of Natural Resources such that the notice is received by the Commissioner at least ten (10) days prior to such hearings. Subd. 2 Notice to Commissioner, Amendments. A copy of all amendments to this Chafer and final decisions granting variances or conditional uses within the Shoreland Overlay District shall be sent to the Commis J oner of Natural Resources within ten (10) days of the amendment _,:r. final action. 13 — 65 „r. 9 4 1 American 122 S. Michigan Ave., Suite 1600 Planning Chicago, IL 60603 -6107 g 312.431.9100 Phone Association 312.431.9985 Fax July 15, 1998 Dear Planning Commission Chair: Over 3,000 appointed and elected officials have found a convenient and inexpensive way to keep up -to -date on community planning issues. How? Through audio conference training. Now in its fourth year, the American Planning Association and Lincoln Institute of Land Policy audio conference training program brings current issues, timely techniques, and sage advice right to your office. These live programs occur four times a year and provide the convenience of one -hour training over your speaker phone. At a price you cannot beat, you can train the entire planning commission and your staff for as little as $80. In communities across the country, not only are the planning commission and planning staff benefitting from this series, but parks departments, city council members, and private consultants have been listening in. Why? •The programs are designed for a planning official audience. •The format allows audience members to ask questions —all of which are answered either live or in a printed response. •Leading experts, experienced public officials, planners, land use attorneys, and private industry consultants create a lively exchange. •It takes only one hour from your busy schedule. •An added option for tapes and transcripts allows for additional training. Don't miss these exciting programs: Shaping American Communities: A Discussion of Three Influential Books on City Planning October 7, 1998 Preserving and Promoting Commau/in' Character December 2, 1998 Farmland Preservation February 10, 1999 Infrll Development and the Redesign of Suburban Centers May 26, 1999 The registration form is included in this brochure. Don't miss out. Register by September 11, 1998 and save $40. Sincerely, `1 or /n/\– Carolyn Torma Education Manager CSTY OF' CEIVTERVIL.LE PARK AND RECFZEA.T =ON COMMSTTEE MINUTES May 6, 1998 Pursuant to due call and notice thereof, the Park and Recreation Committee of the City of Centerville held their regularly scheduled meeting on May 6, 1998. Meeting was called to order at 6:30 by Chairman Thompson. Members present : Rick Thompson, Doug Porter, Steve Brown and Mike Navin APPROVAL OF MINUTES : No minutes were approved. OLD BUSINESS : LaMotte Park An update on the progress was discussed. At this time, no new information was discussed on this project. NEW BUSINESS : Acorn Creek Park The concept for the Acorn Creek Park was discussed. It was noted that the vision of the Park and Recreation Committee differs from the original vision for the park in the park master plan. Meeting Times It was decided that the meeting times for the June and July meetings would be moved back to 7:30 PM rather than 6:30 PM due to'member conflicts. Meeting Adjourned, Submitted by, Mike Navin C =MY OF CENTERVIla IA PARK AND RE CREAM 2 ON COMM 2 MME E MINUTES June 3, 1998 No meeting was held in the month of June due to the lack of a quorum. Cant TY O F C ENTE RNT I L L E PARK AND RE CREAT 2 ON COMM I TTE E MINUTES July 1, 1998 Pursuant to due call and notice thereof, the Park and Recreation Committee of the City of Centerville held their regularly scheduled meeting on July 1, 1998. Meeting was called to order at 7 :30 by Chairman Thompson. Members present : Rick Thompson, Mike Navin, Dale Larson APPROVAL OF MINUTES : A motion was made by R. Thompson, seconded by D. Larson to approve the minutes for the month of April. Motion carried unanimously. OLD BUSINESS : $agle Pass - A letter dated 6/22/98 was received from Gor -em the developers of the Eagle Pass subdivision. The letter requested that a segment of trail north of Dupre Road be considered for deletion. The trail would encirlce nine single family townhomes. The builder was having difficulty marketing the lots due to the close proximity of the trail to the homes. A motion was made by R. Thompson, seconded by D. Larson to recommend to the City Council that the trail segment be allowed to be deleted with the understanding that the City acquire as much cash dedication as possible in lieu of the trail. Motion carried unanimously. NW BUSINESS : Acorn Creek Park. - City Administrator Jim March mentioned that there are currently two additional plats that the City is reviewing. One development is the "Woods of Clearwater Creek" that is designed to have ten homes on the parcel immediately east of the Acorn Creek Park. Discussion occurred on the issue of needing to acquire a trail easement along one of the lot lines on the east side of the park. It was mentioned that cash dedication from this development may be the most appropriate form of park dedication. Chairman Thompson indicated that he intends to resign after the meeting in August. Abbreviated minutes from May were passed on to the Administrator. A motion was made by M. Navin, seconded by D. Larson to adjourn the meeting at 8:15. Motion carried unanimously. Submitted by, Mike Navin CITY OF CENTERVILLE CITY COUNCIL MEETING WEDNESDAY, NNE 10, 1998 Pursuant to do call and notice thereof, the City Council of the City of Centerville held its regularly scheduled Council meeting on Wednesday, June 10, 1998, at City Hall, 1880 Main Street. PRESENT: Mayor Tom Wilharber Council Members: Theresa Brenner Sanna Buckbee ABSENT: Council Members: Laura Powers Mary Jo Hehnbrecht STAFF /CONSULTANTS: Jim March, City Administrator Ry -Chel Gaustad, City Clerk Paul Palzer, Public Works Director/Building Official Greg Hellings, City Attorney David Nyberg, City Engineer CALL TO ORDER Mayor Wilharber called the Council meeting to order at 6:00 p.m. Mayor Wilharber noted the Council will adjourn into an executive session to discuss pending litigation for the 20th Avenue project. The Council discussed the watermain and sanitary sewer extension project and assessment options for the 20th Avenue project. In addition, an agreement was submitted for consideration between the Carpenters and the City of Centerville. (Exhibit A) C ouncilmember Brenner mo and it was seconde to approve the agreement for the watermain a nd sanitary sewer on 20th Avenue and between the properties of Carpenter Auto B ody (Carpenter Businessl the Carpenter Residence and Reel Manufacturing�I Motion carried unanimously. Mayor Wilharber moved and it was seconded to direct the City Administrator to implement the settlement agreement between the City of Centerville and the Carpenters and to proceed with new assessm as advised Motion carried unanimou An executive session closed at 6:12 p.m. 1 Mayor Wilharber reconvened the regular Council meeting at 6:12 p.m. PUBLIC HEARING APPEARANCES Carolyn Drude - Ehlers and Associates - Bonding for the 20th Avenue Sewer and Water Project Ms. Carolyn Drude (Ehlers & Associates) addressed the Council and presented bid tabulations for $720,000 general obligation sewer and water revenue bonds, series 1998. (Exhibit B) Councilmember Buckbee moved and it was seconded to approve resolution 98 -14 "A Resolution Awarding the Sale of $72Q000 General Obligation Sewer and Water Revenue Bonds, Series 1998 Fixing Their Form and Specifications Directine Their Exernrtion and Delivery: and Providing for Their Payment "Motion carried unanimously Bondiug_for Parkview Development Ms. Drude briefed the Council on a chronological layout of bonding for Parkview Development. Ms. Drude suggested the City call the bond sale on July 22, after the July 14, bid opening. Furthermore, Ehlers will attempt to make bond delivery by August 22, 1998. Refunding _the `87 Street Bond Througk Firstar Bank Ms. Drude gave a presentation and suggested refunding of the general obligation improvement bonds of 1987. Ms. Drude distributed the existing and future paper work supporting the concept to call the $615,000 general obligation improvement bonds. (Exhibit C) Councilmember Brenner moved and it was seconded to approve resolution 98 -15 "A Resolution Awar in dg the Sale of $245.000 General Obligation Refunding I rovement bonds. Series 1998; F Ing Their Form and Specifications: Directing Their Execution and Delivery and Providing for Their 'a - t" an• refunding the • -neral • •litati• im•r•vemen •nds • 987 and to refinance $245.000 at 4.71% thru Firstar Bank in Hugo. Motion carried unanimously, Circle Pines - Lexington Police Department (CPLPD) Officer Mike Jensen was present to discuss CPLPD submitting a 40 -page grant application to "COPS More." The grant monies are intended to be used to update equipment. Mayor Wilharber suggested Officer Jensen explain equipment that will be replaced. Officer Jensen replied the grant monies will purchase new laptop computers to replace the obsolete computers. By purchasing the laptop computer system, the applicant will be able to redeploy 10 full -time officers and three part-time officers for a total of 11.5 full -time officers and a total of 3277 hours of community policing actives. The average savings will permit approximately 285 hours per officer to be committed to community policing. The updated technology will promote 2 effective flow of information inside and outside the agency and improve the application's enforcement responsiveness to the community. Officer Jensen reported the 1997 costumer appreciation day at Kelly's Korner went well. Officer Jensen also said the department identified problems with traffic ticketing by City Ordinance. Anoka County Courts replaced City tickets under State Statutes. However, Mr. Heilings is addressing the issue. Mayor Wilharber addressed a report by Officer Hinse dated June 10, 1998, Officer Jensen commented the report is based bn the increased traffic at the intersection of Main Street and 20th Avenue. • CONSIDERATION OF MINUTES May 20. 1998 Special Meeting Minutes Mayor Wilharber noted no quorum was present to act, thus tabling the issue. May 27. 1998 Council Meeting Minutes Councilmember Brenner moved and it was seconded to approve the May 27 1998 Council meeting minutes with corrections. Motion carried unanimously. PAYMENT OF CLAIMS The City of Centerville May 27 - 31 Councilmember Brenner moved and it was seconded to approve the receipts and disbursements for the City of Centerville May 27 -31 Jflicuied unanimously. The City of Centerville June 1 - June 10 Councilmember Brenner moved and it was seconded to approve the receipts and disbursements for the City of Centerville June 1 - 10. 1998. Motion carried unanimously. The Centennial Fire District May 27, 1998 Councilmember Brenner moved and it was seconded to approve the Centennial Fire Districts navment of claims for May 27- 1998. Motion carried unanimously The Centennial Fire District June 3. 1998. Councilmember Brenner moved and it was seconded to ap .r.v the entennial Fir- Di 'c payment of claims for June 3. 1998. Motion carried unanimously. 3 SET AGENDA Tri- Cities Police discussion Councilmember Brenner moved and it was seconded to awProve the set agenda with noted chan• - M. io ,rried n. m.0 1 . PETITIONS AND COMPLAINTS Hearing none - Mayor Wilharber moved to the next agenda item. UNFINISHED BUSINESS Terminal Transport - S pecial Use Permit Mr. March briefed the Council on Terminal Transports request for a special use permit. Representatives John Snyder and Brent Coatney from Terminal Transport addressed the Planning Commission in June. Mr. March stated during the Planning Commission meeting the City clarified no Certificate of Occupancy will be issued until utilities are granted and they are operational. Furthermore, Mr. March recommended requiring a comprehensive grading plan on the forty -acres and that it be specifically identified under item 10 on the special use permit. Mr. March explained the Planning and Zoning Commission held a public hearing and it recommended the Council consider the grading plan and additional tree planting on the North and South side of the site. Councilmember Buckbee questioned how much property has been purchased by Terminal Transport. Mr. March explained the legal description is metes and bounds of 6,75 acres. Mayor Wilharber commented favorably upon Commission member Buckbee's comment suggesting a buffer between the commercial property and residential property. Mr. John Snyder (R.J. Ryan) and Brent Coatney (owner of Terminal Transport) addressed the Council and described their building. Mr. March added, the Building Official reviewed the building and site plans and the building will be sprinkled. Also, the site and building meet with the Police and Fire Chiefs approval. Mr. Snyder described the site grading plan. The area will drain to the north east of the property into a pond. Mayor Wilharber questioned the engineers if it is acceptable to have the oil and grease from the parking area drain into the pond. Mayor Wilharber asked Mr. Nyberg of his observations. Mr. Nyberg explained oil and grease draining onto another property and carrying contaminations will propose future problems. Mr. Nyberg recommended the grading plan be approved contingent upon engineers approval. Furthermore, the Planning Commission commented on the pond and its drainage and suggested a comprehensive grading plan for the whole area. Mr. Nyberg reported Mr. Rehbein stated a comprehensive grading plan will be submitted for the whole corridor of property. Councilmember Buckbee moved and it was seconded to approve the special use permit for Brent o, ne c.ntin• -nt u.on - ! n-erin• fin.l review . d . r,r. of he • .din• .1. and . am-n' 4 • item #9 on the special use permit to change "connect" to "substantial." Motion carried unanimously. Rick Carlson - Parkview Development Developers Agreement Mr, Nyberg updated the Council on the Parkview Development. The developers' agreement is in accordance with the city and is ready to be finalized so that the developer can begin to sell lots. Also, he can begin to pull building and grading permits. A resolution is attached approving the plans and specifications and authorizing advertisement of bids for the Parkview Development. Currently, July 14, 1998 has been considered for the Parkview Development bid opening. Final gra_ding_Plan Mr. Carlson noted submittal of a certificate of insurance, payment and performance bond to the City. Mr. Makkee (Makkee Engineering) explained the drainage plan and noted amendments as per the Planning Commission and the City Engineer. Mr. Orville Hughes (1793 Center Street) stressed his concern regarding drainage on the south east corner of the development where there are several manicured rock gardens. The rock gardens are in place to avoid drainage problems. Councilmember Buckbee moved and it was seconded to direct Staff to send a letter to surrounding properties that have trees- flowers or gardens around the Parkview drainage area. Alos the City will not he responsible for damage or harm to the area. Motion carried unanimously. Councilmember Buckbee moved and it was seconded to authorize Staff to contact residents that have day into the ditch and notify them that if any disruption occurs it is the residents' res..n ib'lit ti -..irth- : ea. M. i. c. 'ed n. imou I . Final Plat Councilmember Brenner questioned the engineers on the watermain direction to the senior housing facility. Ivir. Nyberg explained the watermain is designed to run along Centerville Road and cut east, near the senior housing entrance. Councilmember Brenner questioned Staff when the Barett home is removed if the watermain could be redirected. Mr. Nyberg explained the most efficient way to run the watermain is under the Barett home location. Mr. March commented on another agenda item - Senior Housing Barett House and Garage. Mr. March recommended the Council consider selling the Barett garage and remove or destroy the home. Mr. March suggested accepting sealed proposals on the garage and to destroy the house since there is no salvage value. Mr. Palzer noted several items in the Barett house needed to be addressed in order to rent the house. However, the City should retain antique fixtures within the house prior to destruction. 5 I _ Councilmember Buckbee suggested the City maintain the well for sprinkling purposes. Councilmember Brenner mentioned Mrs. Barett is accepting of the house destruction. Mr. March spoke to the Fire Chief about using the house for a practice burn. Councilmember Brenner moved and it was seconded to direct City Staff to contact Centennial Fire Districts in regards to a practice burn. Also. to place an advertisement in the local newspaper for bit. on he •are• - c. .cts' ,le h.use r-mover oft - •r.•r s u• adveui e fir . bid o. -nin• . Jul 8 1998 , 6:00 • m. so onto, • o, , Co • . i • d Re. -vel.. lent Authority in regards to salvaging the well and hardware. a or Wilha • -r am -nded t . - mo i.n . • i w.. seconded t. hav- e 't con i. -r u 'n• the ar, - for Pubic Work . eu til h- .-wb 'l. in!. ' on,ru tee if hi. .r- t.. low. M.tio carried unanimously. Resolution 98 -13: Approving Plans and Specifications and to Authorize Advertisement of Bids for Parkview Development. Cou - Bu kbee .v-d ._ . it w, ec.nded o de It re elution 98 -13 ,. rrovi • • a and specifications and to authorize the advertisement of bids for Parkview development. Motion carried unanimously Councilmember Buckbee moved and it was seconded to a• • eve t - P,r 'ew D-vel..ment P , t he Developers eement an d th rading plan as submitted Motion carried unanimousl LaMotte Park Mr. Nyberg briefed the Council on the Laurie LaMotte Park progress in regards to the wetlands. Mr. Nyberg added Mr. Dan Tourville signed an affidavit indicating some wetlands were created by the Tourville family in the 50's. In addition, Mr. Nyberg reported Mr. Gerald Rehbein donated wetland credits. Councilmember Buckbee questioned Mr. Nyberg if there was anything associated with the donation. Mr. Nyberg indicated Mr. Rehbein simply made the wetland credit donation. Councilmember Buckbee suggested Staff send a thank you letter to Mr. Rehbein for donating the wetland credits for Laurie LaMotte Park. Mr. Nyberg commented the original wetlands was at 25,000 square feet and now they are at 9,500 square feet. Mr. Nyberg recommended the Council authorize H.R. Green to proceed with the Laurie LaMotte Park's grading and storm sewer plans and specifications. In addition, the cost of the project is projected to be less than $25,000. Therefore, the city will not have to advertize for bids. Councilmember Brenner moved and it was seconded to authorize the Engineer to proceed with .Ian an .e 'fi .t'.n , L, rie .ito - P•rk f.r - .a e o . '.5 100. •ti.n •rrie• unanimously_ 6 Councilmember Buckbee confirmed the funds will be taken from the Park and Recreations funds. Mr. March stated $100,000 of park funds are available for the Laurie LaMotte Park. 21st Avenue Ro , d Cs nstr ction Mr. Nyberg addressed an estimate the City received from Gerald Rehbein. Mr. Nyberg felt the quotation could be lower, then he suggested the Council wait to see if the estimates decline. In addition, the $24,550 proposal is for a temporary road. The curb and gutter will be installed later. Councilmember Buckbee commented she would rather invest the $24,000 in the construction of a permanent road. In addition, the business owners along 21st Avenue are required to black top their parking lots when 21st Avenue is paved. Therefore, Councilmember Buckbee suggested contacting the business owners on 21st Avenue to inform them of the potential assessment and black top requirements. Mr. Nyberg recommended tabling the issue. Councilmember Buckbee moved and it was seconded to table the 21st Avenue upgrade. Motion carri un Tobacco Ordinance Ms. Gaustad addressed the proposed Tobacco Ordinance #66. Ms. Gaustad stated the ordinance was developed in accordance with the state laws and is similar to the Circle Pines tobacco ordinance. However, the ordinance has been tailored to the City of Centerville Ms. Gaustad noted the ordinance meets with Acting Police Chief Joel Heckman's approval. In addition, all license holders have been notified 30 days prior to Council's consideration. Mr. Hellings stated the ordinance meets with his approval. Mr. Bill Bisek (7098 Centerville Road) questioned the Council if remote controlled vending machines are in compliance with the proposed ordinance. The Council discussed the intension of the ordinance and procedures with violators, Ms. Gaustad commented on the state law which states: No vending machines are allowed in establishments where children under the age of 18 have access to the vending machine. Councilmember Buckbee moved and it was seconded to adopt tobacco ordinance #66 and to authorize Staff to investigate administrative costs for compliance checks and other communities' fees. Motion carried unanimousl Personnel Policy Mr. March requested council direction on the interpretation of Personnel Policy, Section 11/ Court Leave "Regular employees may he absent with pay when serving jury duty or when subpoenaed as a witn in co urt o r v serving as a witness in a case in which the City is a partv." Mr. March noted the personnel policy does not indicate an allotment of time the City will pay for the above- mentioned leave. The Council requested legal councils' interpretation. Mr. Hellings understood the policy allows employees to be absent from work with pay if serving jury duty, subpoenaed or testifying on behalf of the City. Mr. Hellings recommended eliminating 7 "subpoenaed as a witness in court" or to "limit time to a certain period." The City may Slow an employee to be absent one day from work when subpoenaed, at a maximum of one day. Councilmember Brenner moved to amend the nersonne1 policy to allow employees to take time paid not to exceed eight hours and to provide proof of subpoenaed Motion did not carrX. Councilmember Buckbee moved and it was seconded to delete the subpoenaed portion from the personnel policy Buckbee aye Wilharber aye Brenner abstained Motion carried Councilmember Buckbee move ¢ and it was seconded to amend the personnel policy to take effect June 10 1998 and employees subpoenaed prior to June 10 1998 will be paid Buckbee ayg, Wilharb�r aye Brenner nay. Motion carried. K e11y's Korner Customer Appreciation Day October 10. 1998 Mr. Bill Bisek owner of Kelly's Korner requested a noise permit from the Council to hold a pig roast on October 10, 1998 from 8:00 p.m. to midnight. Last year notice of the event was sent to the surrounding property owners and the city nor the police department received any complaints in regards to the 1997 event. Mr. Bisek requested the Council authorize a time change from 6:00 - 10:00 p.m. to 8:00 - 12:00 p.m. Councilmember Brenner stated the 1997 event was nice and favored extending the hour from 10:00 to 11:00 p.m. Councilmember Brenner added Councilmember Powers was opposed to extending the hours past 10:00 p.m. Councilmember Brenner moved and it was seconded to allow the Rock'n Hollywood's to perform from 7:00 p.m. to 11:00 p.m, on October 10, 1998- contingent that a letter is sent out to the surrounding property owners. Motion carried unanimously. Contract with Dean Johnson Mr. March reported a joint meeting between the Committee and Dean Johnson is scheduled for 7:00 p.m. Tuesday, June 23, 1998. The purpose of the meeting is to discuss the city's growth and future development. Mr. March added the City is in need of zoning ordinance revisions. Mr. Johnson proposed to amend ordinance four and eight and estimated the entire process will take nine to twelve months, if there are no major controversies or external issues affecting the project. Mr. March commented the City is eligible for matching money contributions from the Metropolitan Council. Mr. March planned to use in kind labor to match funds. Councilmember Buckbee moved and it was seconded to authorize the City of Centerville to contract withconsulting Resource Strategies and the cost not to exceed $7945.00 for labor, and if expenses exceed the stated fees that Council is notified. Motion carried unanimously,. 8 Tri- Cities Police Department and Funding Formulas Mayor Wilharber briefed the Council on the Tri- Cities Joint Police Department progress and possible funding formulas. Now, the City of Centerville pays $187,000 per year for seventeen hours of coverage with 24 hour emergency response. Mayor Wilharber explained the task force plans to subtract past contributions made to the police department and implement a buy in on equipment of $45,000. This is a significant increase compared to the previous year's amount of approximately $100,000. The task force is aware of the city's growth and has anticipated an increase in coverage. Mayor Wilharber recommended the city require a police car be placed in Centerville full -time. Mayor Wilharber gave a synopsis of a funding formula that the cities have investigated. The formula is made up of the following: number of calls to each city, population, market valuation and combined miles of city roads. Mayor Wilharber clarified the task force plans to weight the criteria, thus determining each city's payment amount. Furthermore, Mayor Wilharber felt Centerville should not pay a portion of all police calls, since the city of Lexington had nearly one thousand more police calls than the other two cities. Councilmember Buckbee stated The Council's consensus was to place more weight on calls to each city. Traffic on 20th Avenue and Main Street Mayor Wilharber referred to a letter issued by Officer Hinsen of the CPLPD. Mayor Wilharber noted the intersection in questions is in Anoka County jurisdiction and he suggested the County address the issue. Councilmember Brenner commented on behalf of Councilmember Powers; Powers requested additional lighting, a pedestrian crosswalk and signage at the 20th Avenue and Main Street intersection. Mayor Wilharber suggested Staff write a letter to Anoka County and request an investigation of the stated intersection. School Flood Liehts Mayor Wilharber reported he received a complaint about the school's flood lights that seem to blind drivers north bound on LaMotte Drive. Mayor Wilharber recommended Staff send a letter to the church addressing the parking lot lighting and forward a copy of the letter to Acting Police Chief Heckman. NEW BUSINESS Starfire Gymnastics - Sketch Plan Mr. March gave an overview of the Starfire gymnastics sketch plan. The Planning Commission viewed the site and building sketch plan during its June meeting. Area citizens showed up at the Planning meeting and stated they like the 250' by 120' building idea. However, concerns were raised in regards to drainage. Mr. March commented ordinance #64; Special Use Permits states a special use permit and its hearings are optional. In addition, the Planning Commission held a public hearing in regards to rezoning the property. Mr. March stated the Planning Commission made recommendation to the 9 I , Council not to require a special use permit for a public hearing. Especially, since several neighboring property owners were in attendance at the meeting. Councilmember Buckbee commented the gymnastics business is a good idea to blend with the residential district. The Council's consensus was not to require a special use permit public hearing. COMMITTEE REPORTS ADMINISTRATORS REPORT June 23. 1998 Joi Meeting Mr. March reported a meeting is scheduled on June 23, 1998, 7:00 p.m. between the Council and the three committees. Mr. March commented the League Conference is scheduled for June 16 -19th. Mr. March requested the Council packets to be distributed on Monday, June 22, 1998. Councilmember Buckbee suggested Staff contact the Council if a large issue arises. The Council's consensus was to allow the council packets to be delivered on Monday, June 22, 1998. Disaster Plan Mayor Wilharber suggested Centerville prepare for any disaster, such as the disaster Shoreview suffered. Mayor Wilharber also suggested the Council, Police Department and Fire Department work on a disaster plan. CONSENT AGENDA ADJOURNMENT Councilmember Brenner moved and it was seconded to a•journ the June 10 1998 Council meeting. Motion carried unanimously. The City Council meeting adjourned at 9:00 p.m. Respectfully Submitted, Ry -Chel Gaustad, CMC City Clerk 10 L MINNESOTA DESIGN TEAM IS COMING TO CENTERVILLE! Centerville was selected! The Minnesota Design Team is scheduled to visit Centerville from September 24 - 27 What is the Design Team: A group of volunteer architects, engineers arid design professionals that visit selected communities on an annual basis. The group works with the entire City -- businesses, churches, schools, neighborhoods, community groups -- to depict a shared vision for future growth and downtown redevelopment. Scheduled events: The residents are encouraged to be involved in the following events: ❑ Friday evening September 25 7:00 p.m. Town Meeting at Centerville Elementary School. ❑ Saturday evening September 26 6:00 p.m. Design Team Presentation to the community and potluck dinner at Centerville Elementary School. How can I help: ❑ Host families are needed for the Design Team members. We need to provide residents homes for the members to stay in from Thursday night through Sunday morning. You only need to provide breakfast on Friday and Saturday. ❑ Residents to help with the community potluck dinner or other meal preparations. ❑ Presentations to the Design Team from local groups within the city on Friday morning i.e., Lions Club, Lakes Association, School, Churches, Youth Groups, Senior Groups, etc. IF YOU CAN HELP PLEASE CONTACT: Jim March at city hall 429 -3232, Theresa Brenner at 653 -9172 or Mary Capra at 653 -1732. PLANNING AND ZONING MEETING AGENDA TUESDAY, SEPTEMBER 1, 1998 7:00 P.M. I. OPENING A. Roll Call II. PUBLIC HEARING (S) A. Preliminary Plat Consideration for Mound Trail - Carl Buechler B. Special Use Permit for Tim Peppenger - Operate an Auto Electrical Repair Shop. C. Variance - for Road to be Over 800' in length with a Temporary Cul- de-sac D. Amend Cable Ordinance #40 E. Variance - Reconstruction of a Shed at 1563 Peltier Lake Drive for Phippen Tabled F. Rezone Property From R1 to PUD (Planned Unit Development) for Rehbein Tabled III. CONSIDERATION OF MINUTES A. March 12, 1998 Planning and Zoning Meeting Minutes B. April 7, 1998 Planning and Zoning Meeting Minutes C. May 5, 1998 Planning and Zoning Meeting Minutes D. June 2, 1998 Planning and Zoning Meeting Minutes E. July 7, 1998 Planning and Zoning Meeting Minutes IV. APPEARANCES R t ;I/re, l asc ..mil - Ca... -L- V; I la, V. ACTION ITEMS A. Action on Planning and Zoning Candidate B. Action on Preliminary Plat for Mound Trail (Buechler) C. Action on Special Use Permit for an Auto Electrical Repair Shop D. Action on Variance Request for 800' Road with Temporary Cul- de-sac E. Action on Variance to Reconstruct a Shed - Tabled F. Action on Rezone Request from RI to PUD (Gerald Rehbein) - Tabled VI. DISCUSSION ITEMS A. Reschedule November 3, Planning Meeting to November 10, 1998 B. Ordinance #4 - Outbuildings - Saxton C. Amended Ordinance #5 Discharge of Firearms D. October Agenda Items VII. ADJOURNMENT CITY OF CENTERVILLE COUNTY OF ANOKA STATE OF MINNESOTA SPECIAL USE PERMIT REQUEST FEE: r ga PAID.: NAME � P tow' COMPANY 7 ADDRESS `ill -q p_07" Auv, i n n ,:Tv- PHONE NUMBER ( , t 3 A 5 3 g o 5 i PIN # DATE: - 7 - a l -G( 5� SPECIAL USE PERMIT REQUEST: - . i F ri e (Oin, F_i., (rit4l ((uC rt PLANNING AND ZONING ACTION: CITY COUNCIL ACTION: efiL Owner of property S q 4( zit 1 q sT H 550 Address g p r e vine 1880 Main Street • Centerville, MN 55038 Established 1857 CITY OF CENTERVILLE (612) 429 -3232 • Fax (612) 429 -8629 APPLICATION FOR VARIANCE OR REZONING VARIANCE ✓ FEE 17 5, REZONING DATE PAID STREET LOCATION OF ` 130.5 {- 7353 U,,I LEG • - DESCRIPTION OF PROPERTY: I N ` a2) - 41 - oo, , , to. SIZE OF PARCEL (S) 210 PROPERTY OWNER: ih_Ciikr.. 1 CA OYU (In (� i_ PHONE # 467- g I< FEE OWNER: 1 CDv *. }�, O1.J�I ek V I. • ADDRESS: air, / - - 1 I - 501 APPLICANTS INTEREST IN PROPERTY: FEE OWNER CONTRACT PURCHASER LEASE HOLDER OPTION TO PURCHASE ✓ , DESCRIPTION OF REQUEST: r 1 �I�l�:i�.4 . _ �F�- �ai►1r11l. �Q►I- I % _Ill �/, . , , 1 I MJ REASON FOR REQUEST: * Plus any additional costs atureofa.. Ica,t • incurred for engineering, k ,� . i k 11 legal fees, publication or 9 • c Dr pg caner other requirements. 1 "� "� ` if D. e CITY OF CENTERVILLE ORDINANCE 40 AN ORDINANCE AMENDING CABLE FRANCHISE ORDINANCE 40, ARTICLE 2, SECTION 4, FRANCHISE TERM THE COUNCIL OF THE CITY OF CENTERVILLE WILL CONSIDER THE AMENDING ORDINANCE 40 TO READ: SECTION 1. Ordinance No. 40, Article 2, Section 4, Franchise Term, is hereby amended to read: Section 4.04 Franchise Term 5 f This Franchise shall commence upon the effetive date of the regular certificate of confirmation issued by Board and shall expire on March 18, 1999 unless terminated sooner as hereinafter provided. SECTION 2. This Ordinance shall he effective upon passage and official publication. A{ PASSED by the City enterville _ day of September, 1998. Tom Wilharber ATTEST: Ry -Chel Gaustad, CMC City Clerk MEMORANDUM DATE: August 27, 1998 TO: Chair Kathy Welk and the Planning Commission FROM: Ry -Chel Gaustad, City Clerk RE: Phippen Variance Request The Phippen family requested a variance to construct a shed within the 75" shoreland set back requirement. The Planning Commission received a letter from the Saint Paul Water Utility indicating the proposed building site may be on its property. The Planning Commission tabled the issue until further information was gathered regarding the property owner. The City Attorney suggested the Phippen's provide a survey or proof the proposed structure is located on their property. • STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE NOTICE OF VARIANCE PUBLIC HEARING BEFORE THE PLANNING AND ZONING COMMISSION PLEASE TAKE NOTICE that the Centerville Planning Commission will hold a public hearing and make a recommendation to the City Council on the following matter: . ITEM: VARIANCE PETITIONER: PATRICK PHIPPEN LOCATION: 1563 PELTIER LAKE DRIVE The petitioner reques *o reconstruct a storage shed on a 1 1 x 11 cement slab where a shed has been standing since 1957. THE PROPERTY MAY BE DESCRIBED LEGALLY AS: BURQUE ADD. NO, 1 LOT 7, BLOCK 2 CENTERVILLE. The said hearing will take place on Tuesday, August 4, 1998 at the Centerville City Hall, 1880 Main Street in the Council Chamber beginning at 7:00 p.m. or shortly thereafter. The City Hall is ADA Accessible, Request for bearing assistance devices or a sign language interpreter must be received before 4:00 p.m July 21, I998. All persor,interested are invited to attend and be heard. You may call the City Clerks Office at (612) 429 -3232 if you have any questions or need additional information. Monday, July 6, 1998 / Ry -Chel Gaustad, CMC City Clerk ab cdefghii khnnopgrstuvwxyz Published in the TIMES July 16 & 23, 1998. A t „ 7 3 v,L] ,4E3 ;a2a a5 E(nfR� I6J> rby L 4,4 5205, \ � I`w Im LAKE C . 41�r� ' - 31 ; - 447. i ..) _ I �d R IS ;n ,; o , - � . ?Pali E it, 411:;':‘ 4 0, ir R ® a L 15 ✓Q 65 " r,N - .- /111111111111S % 1189 • z 0 7. 1 -/ bb , C.S.A.H. NO. 14 8 1 1 0 • 1 7p. 11 / ,, '4 • 1° ] a , 6 Vii,,,, ,,,, : i 1' y 9 1 G 1v ^a P.12 P.12 c o 4 F ` �9` 6 .�� ,es, vP �• i s ".„,,e, V li t]EI if: Ibf♦ 3 is e U 9 Z I ;tervil e S 1880 7vCain Street • CenterviCfe, MN 55038 'Established 1857 (612) 429 -3232 • fax (612) 429 -8629 CITY OF CENTERVILLE APPLIc5PIEON FOR VARIANCE OR REZONING VARIANCE \ / FEE I 'iS . C.)U REZONING DATE PAID STREET LOCATION OF PROPERTY: 1,1 (0 .) Pe (7 2y o 1(0 Dr/ye., LEGAL DESCRIPTION OF PROPERTY: ; A dl , 1 L04 '9 EfOce SIZE OF PARCEL (S) PROPERTY OWNER: t y i C« PHONE # `ia 62 FEE OWNER: ADDRESS: APPLICANT'S INTEREST IN PROPERTY: I FEE OWNER CONTRACT PURCHASER LEASE HOLDER OPTION TO PURCHASE DESCRIP ION OF REQUEST: b (,( 1 v c ` 5(nre / S REASON FOR REQUEST: e� +fac/ eJ x/11. # IV; * Plus any additional costs F.. a - • f ape, a t ' / incurred for engineering, ' 9 4 _ '�_ — legal fees, publication or Sig atys7 of r e�• owner other requirements. L Date Patrick J. Phippen 1563 Peltier Lake Drive Centerville, MN 55038 429 -6460 VARIANCE FOR STORAGE SHED - less than 75 feet from lake shore. Reason for request: We have owned our property since 1978. When purchased there was an existing storage structure on an 11' x 11' cement slab next to the lake shore. The structure may very well date back to 1957 when the original home was built. Over the years, the shed has been hit by fallen trees in storms, etc. In an effort to straighten the shed and improve its appearance, we attempted to straighten it and replace the siding dur- ing the fall of 1997. But, as we removed siding it became clear that the structure was bad, so we pulled it to the ground, cleaned up the debris and planned to put a new shed in the following spring. We were certain that because there had been a shed in that spot, there would be no problem replacing it. And, replacing it was the only way to improve the appearance of the shed, When we visited the City of Centerville to get a building permit, we were informed of the "new" rule that states the shed would need to be 75 feet from the lake shore. Unfortunately, we do not have the option to comply with that rule and build a shed 75 feet from the shore or we would have chosen to do that instead of pay the variance fee. The only open property that we have 75 feet from the shore is on one side of the house and must be kept open to drive through because we must pull our dock and boat lift in and out of the water each year. During the 20 years we have lived in our home and had this shed, we have watched both neighbors put it sheds that are NOT 75 feet from the lake shore and did interfere with our view of the lake. One neighbor didn't only put in a shed, they brought in an entire garage. (see photos) We understand why the has this rule. However, we feel that because the shed was there all along and a new shed should be viewed as an improvement over leaving the deteriorating shed up (which we could have done) and because both neighbors have a shed within 75 feet of the lake, we should be allowed to rebuild the shed. There is also the cement slab to consider, which remains. We also only have a one and a half car garage and having a shed will mean that our yard will be kept neater beause without the shed we do not have storage for many things. This should be in the neighbors' best interests as well. Thank you for your consideration. � J ` > s F r _ w. - it qq ) � v a' � ( , l y ,4 -,. it icllr x, 1f1 , C ' i t b ! r 1 *" , ♦ �y I 4 ^7- J w � a aY {'.', . w I r A �ra� C'` 4t is i s r - :..• I I s r qq 5��r F S— i^ — A i-.7: 1 v _ t � i'ri �/ 4 1 F � . Y t r , `.: ; T , r f 1. ; i t 1 4 I r° v • .J` he �e - 7-_-___ , 4 i f S \ l'1.; �. C F �- i . { q 1-i s r ' . V t: � 0 " _ r y ' I af'( b .y . • . 4 r; . 7 1r ! _ ' t N4,4•;`,04- '� " * 11`,"‘0.1( y i : r `�! • 1 t Fk 1 • _ s i s F ,,,,c ` i ` c f t `.lx 1 Q- f + • 1�a , , s it is e t( f r i 1 1 lit / (� j . I as . 1.• v 2 f • 1�1 i x Y .? lr' t K :+ r 0. " si l t JL "9444 f +� 2F i1A 1 Y ; I! I t Zw r SA -.-& y f IFW 1 C' k, :At"' o _ • k -p •f t ,I e I a ir. �s '., s . 4, If i 1 1 r i1 3 4 f d �= V`1� : : t. tr v ; �€3 IiI ».` i Tl a 7, ‘F ,. ( 1 0I4 � 4 , r . a 4 I I _ `�,,, : t Irk:" ;' t 'b 7 r k L V { 1` , 1 7 1� J4�1 VI f a f > jp � qI�� V iAI `t N it S 1 4 . i_, �� I 1 � �'] "J Y 4 , 0 N. • 1 1 4 114 t4f 1 r," a k x s � ''E y} �+. } o' [F- • t ' I I ' . � �� I i ( i �k . " ni . • F 71 i ' J .,, I II 4� V } , y • . f l ° ° i;� I� are I 1 1 I .' I L 1 ti v 7`2 }te II i t 1 � f B > �f�. , r 1� fi e ' --- L �I' Iii - ' i 9I1i 111 ,:;� V -' ` 1 sT. �� � ► --,?1,,,.1 k} 1 �..5 '1”:„..:(1. 1 V I t k y I ti f�ly -vl - T , �F I1 7r I1 1 i i ? i 11 � 1 r� �� a e , v - '._ frrr (�FF I r � f ` ' il��E l,�i�l�t �fi 1j'( ". , ` r .,1,µ ?�" .f?°' RF / - V I V A CIS :,I f .r J-• Ry -Chel Gaustad City Clerk City of Centerville Dear Ry -Chel: Subject: 1563 Peltier Lal a Drive It is my understanding th a property owner at the above address has requested a variance to construct a shed approxii lately three feet from Peltier Lake. The Saint Paul Water Utility owns property around the peril Teter of the lake. It would appear that this property owner has proposed to construct a shed on Sa nt Paul Water Utility property. (It is my understanding that there is a yellow post delineating t ie property line at or near this location.) The Utility is concerned that someone has proposed tc construct a structure on property owned by the Utility and is obviously opposed to this project. Sincerely, David Wagner Assistant Production Manager • DIC< TRAVIS 7264 TWIN LAKES AVENUE CEN 1 BRVILLE, MN 55038 612/653 -1489 OBJECTIVE A challenging project manager position involving all phases of construction where a demonstrated record of timely and cost - effective completion of projects is important to both the company and its clients. SUMMARY OF QUALIFICATIONS 7 years of progressively responsible project management/estimating experience. Experienced in supervising all aspects of site work including site demolition, materials movement, contaminated site remediation. Continued on going management and computer education. EXPERIENCE VIKING ELECTRIC SUPPLY, INC. 4/85- 12/90. Mpls., MN Project Manager/Estimator 1/90- Present GLENN REHBEIN EXCAVATING, INC., Blaine, MN Project Manager/Estimator for a general contracting company doing approximately $15 million in commercial, residential, and industrial construction each year. Performed coordination of bids, negotiated pricing, established contacts with subcontractors and owners, purchased specialty items and materials, supervision of all jobs. EDUCATION • CROSBY- IRONTON ELEMENTARY & JR. HIGH 8/71 -5/80 Crosby, MN NORTH ST. PAUL HIGH SCHOOL 8/80 -5 -84 • North St. Paul, MN Diploma LAKEWOOD COMMUNITY COLLEGE 6/88 White Bear Lake, MN . Survey ofAccounting Business Law • DUNWOODY INDUSTRIAL INSTITUTE 8/88 -12/90 Mpls., MN • Architectural Drafting/ Construction Estimating .Degree Associate of Applied Science Degree COMPUSERV Roseville, MN Microsoft Office Computer Training Microsoft Excel Computer Training SPECTRA - PHYSICS Sitework for Windows Training 40 Hour HAZ -MAT Training • • PROJECT INVOLVEMENT NORTHFORK GOLF COURSE and CLUB HOUSE, Ramsey, MN PHARMACIA DPI Arden Hills, MN • Building link and parking lot expansion TANGER FACTORY OUTLET CENTER, North Branch, MN 40 Acre Shopping Center McDONALDS RESTAURANT, Maple Grove, MN New Construction RAMSEY COUNTY LIBRARY, Roseville, MN New library and parking facility HARDING HIGH SCHOOL AUDITORIUM, St. Paul, MN Addition to high school and parking NORTH ST. PAUL LANDFILL, North St. Paul, MN Removal and relocation of 30,000 tons MSW to Pine Bend BADGER ARMY AMMO PLANT, Baraboo, WI 15 Acre Environmental Clean-up WASHINGTON COUNTY LANDH L final closure, Lake Elmo, MN 40 Acre geomembrane cap and enclosed gas flare system Other jobs available upon request 07/22/98 14:14 FAX 612 574 1605 ECO FINISHING CO W2001 Mr. Jim March: . This letter is in regards to the opening on the planning and zoning board. 1 have lived in Centerville for ten months and I would like to become more active in the community. I believe the position available on the board will allow nic to do that, and III am given the opportunity I feel that I can help Centerville, as a city, grow to its fullest extent I have over 2 1/2 years experience as an environmental specialist and a good knowledge of many state and federal laws and In using the Iarowledge 1 have gained from my job, I believe I can be a source of useful infoiuiatien and a valuable member to the board. I look forward to having °halloo to serve an the planning and zoning board. Sincerely, Brian Hanson 1950 Center St. Centerville, M_N 55038 (651) 407-8398 Norma Essex 7333 Old Mill Rd Centerville MN 55038 Phone 407 -5111 e -mail nessex @maroon.tc.umn.edu October 6, 1997 RyChell Gustad City Clerk Dear Ms Gusted: This is a letter of application for the volunteer position on the Planning and Development Committee for the City of Centerville. My daughter says I will live to be 105 years -old because it will take me that long to slow down. If she is right, I will be a resident of Centerville for a very long time. I care about the city as it is now and how it will be in years to come. What we do now will have an impact on our community of the future. I am interested in working with the community in hopes of making it one of the best for the people today and those of tomorrow. Recently I retired from the University of Minnesota. During my employment, I worked in the Department of Fisheries and Wildlife and The Mn Building Research Center. While working with the wildlife faculty, I learned about the impact of humans on wildlife and vice versus. At the Mn Building Research Center, I attended many seminars, typed talks from conferences and research papers. I learned a great deal about indoor air quality and energy efficient buildings, the focus of the department. I helped set up and run equipment in homes measuring the tightness of the homes and backdrafting. Our work reached into other disciplines as well. Under that umbrella were the Underground Space Center, Mechanical Engineering, Architecture, Wood and Paper Science, and Design, Housing and Apparel. My husband and 1 built a category !house last year in Centerville. This IS the tightest home one can build at the present time. The state building codes in a few years will require only category 1 houses. As a senior citizen and resident, I would like to contribute my talents to help make Centerville a community we are all proud of. Sincerely, Norma Essex , PUG 24 '99 10:29AM ELECTRO MECHANICAL INC.I P.1 /1 , August 24, 1998 To whom it may concern: My name is James Juhl and the intent of ti s letter is to show my interest in being a part of the planning and zoning commission, for the City of Centerville. My wife and I have recently become membitfrs of the Centerville community and I would like to be involved in the shaping of Or pity. I have been involved in the construction industry for many years, primatily the electrical field. I feel that I have the qualifications to be a valued member of the planning and zoning commission and would welcome the opportunity. Sincerely, qi. ..., r 1825 Voyager Court Centerville, MN 429-9897 CITY OF CENTERVILLE PLANNING AND ZONING COMMISSION MARCH 12, 1998 Pursuant to due call and notice thereof, the Planning and Zoning Commission of the City of Centerville held their meeting and three public hearings on March 12, 1998 at City Hall, 1880 Main Street. PRESENT: Chair Kathy Welk Tina Vermeulen Al LaMotte John Buckbee ABSENT: Linda Broussard - Vickers STAFF: Jim March Ry -Chel Gaustad CALL TO ORDER Chair Kathy Welk called the meeting to order at 7:12 p.m. PUBLIC HEARING (S) A VARIANCE - PUBLIC HEARING Dr. Tom Schlavin (1862 Main Street) was in attendance to request a variance to remove the above - mentioned residence garage door and replace it with a wall, windows and entrance door to access his chiropractic, home based business offices. Chair Welk reminded the board, a recommendation suggesting approval of the stated variance may set precedence. Mr. Buckbee suggested, for consideration, the due process needed for a home owner to convert a garage into living /storage quarters. Mr. March indicated the ordinance does not restrict an existing home owner from converting a garage into another function. Mr. Buckbee demonstrated the petitioner, as a home owner, can convert the garage into another function. However, the petitioner, as a home based business owner, cannot convert the garage into another function. Mr. Buckbee drew a conclusion. A home owner is permitted to turn a garage facility into another use without approaching the Commission for a variance, but a home based business owner needs a variance. For the record, Mr. March quoted ordinance 3,2.01 HOME OCCUPATIONS. A home occupation may be conducted only in accordance with the following requirements: 1 32.01 -1 SUBORDINATE TJSE. The use of the property for the .m- • i.• h.l .- 1-. in i.- ._ _n. •• • . - • its residential use. 32.01 -2 EMPLOYEES. The home occupation shall he carried on by a member of the family re.i in on the property with not more than one employee who is not part of the family 32.01 -3 OUTSIDE APPEARANCE. Conduct of the home occupation shall result in no change in the outside appearance of the building or land or o h r vi ibl vid n of th conduc of the home occupation Exterior display, or signs other than those permitted under the ordinance. 37.01-3 L P ROHIBI .D. No sale of any goods or materials not prod d on the premisses shall be made in connection with the home occupation. 32.01 - TRAFFIC. No traffic shall be generated by su home occupation in greater volume than normally he expected in a residential neighborhood and any need for parking generated by the conduct of such home occupation shall he met off the street and other than in a required front yard. Dr. Schlavin felt the "U" shaped drive way would lend to the business by reducing traffic congestion. Mr. March commented the location in question does not reflect a normal residential district. Mr. March added, City Hall /Fire Department is located next door to the property and a fleet of security cars are directly across County Road 14. Mr. March added, the facility is on an unusually large lot. Ms. Broussard- Vickers arrived at 7:45 p.m. Ms. Broussard- Vickers stated based on ordinance 32.01 -3 OUTSIDE APPEARANC& - the outside structure would be altered exclusively for the purpose of a home business, which is prohibited. In her opinion, the Commissions responsibility is to enforce the present ordinances. Therefore, Ms. Broussard- Vickers does not favor approving the variance request. Mr. Buckbee disagreed with government dictating what a property owner can and cannot do with a garage. Mr. Buckbee moved and it was seconded to close the variance public hearing. Motion carried unanimously.' 2 • A SPECIAL USE PERMIT - PUBLIC HEARING Chair Welk reiterated the purpose of the public hearing was to the City Council allowing consider making recommendation to t o y g Performance Automotive to operate business in a commercial district. Chair Welk explained the business has been established in the stated location for several years without a special use permit (sup). However, in order to continue business a sup must be obtained. Mr. March indicated the sup is required to comply with the understated section from ordinance 64.02 (SPECIAL USE PERMIT) STANDARDS. ". . will be harmonious and appropriate in the area will not be hazardous or disturbing to neigh or ng uses will not result in traffic congestion and will not create excessive additional public expense." Mr. March added, the sup request is to comply with the City's comprehensive plan. The Commission discussed the application and its consensus was to make recommendation to the City Council for approval to allow Performance Automotive to operate business in a commercial district. Mr. Ken Strantz (7139 20th Avenue) briefed the Commission on a building proposal, and noted he presented the proposal at the last meeting. The Commission noted Mr. Strantz accuracy in that the building proposal was presented at a prior meeting. Mr. Strantz requested the Commission comment on the submitted building proposal. In contrast, Chair Welk noted the building proposal was not scheduled for a public hearing. However, after the public hearing is closed, the Commission can discuss the building proposal. Mr. Strantz stressed concern that the building proposal may be denied when the public hearing is closed, then questioned why both sups cannot be granted. Mr. March commented two sups are required; one to continue operating business in the current location and another sup is required for the construction of a 3000 square foot building. Therefore, the current building sup is separate from the proposed building location sup. Mr. March added, the property owner will need to submit a sup request for the building construction. Mr. Strantz understood only one public hearing was required for the Planning Commission to consider both sups. Chair Welk requested Mr. March clarify the Commissions guidelines. Mr. March referred to and quoted ordinance 64.01. (SPECIAL USE PERMITS) PROCEDURE. "...the Planning Commission may hold such 3 hearings on the proposal to issue a special use permit as it considers necessary and it shall thereafter make such recommendations on the proposal to the Council as it deems advisable." Mr. Strantz added, at the last Council meeting the city amended an ordinance to stop all building construction. Mr. March reported the City Council is working to amend ordinance #44 -A BUILDING DESIGN, Mr. March added, the proposed new ordinance language has been submitted to the Commission. Ms. Broussard- Vickers moved and it was seconded to close the special use permit public hearing. Motion carried unanimously. TOBACCO ORDINANCE #66 - PUBLIC HEARING Ms. Gaustad stated the final ordinance draft copy has been submitted for the Planning Commissions consideration. Ms. Gaustad reported the legal council recommended, Tobacco Ordinance 66.13 Penalties, Subd. 3. Minors., be stricken from the ordinance, due to potential legalities. Ms. Gaustad added, Anoka County Juvenile Attorney, Mr. Rob Scott indicated juvenile names are protected from the public process. Therefore, this section makes it impossible for the City to comply with public hearings requirements without violating the juveniles anonymity rights. In addition, the ordinance numbering will need to be in sequential order. Ms. Vermeulen moved and it was seconded to close the tobacco ordinance public hearing. Motion carried unanimously. ACTION ITEMS: Proposed Variance - Tom Schlavin Ms. Broussard - Vickers implied the Commission should not grant more than two variances per year or the ordinances should be adjusted. Furthermore, the Planning Commissions job is to enforce what the ordinance states; the Planning Commissions job is not to make recommendations based on emot}onal reasoning. Also, the Commission should convey strict enforcement within the spirit of the ordinance, identify undue hardship, and ensure the situation is unique to the property, not induced by the property owners. Ms. Broussard- Vickers concluded the variance request should be tabled to provide time to ponder the issue. Ms. Broussard- Vickers moved and it was seconded to table the variance request. Motion carried unanimously. 4 Chair Welk suggested Staff consult with the legal council on converting a garage into an office or another purpose, and if a garage is required of existing homes. Mr. Buckbee and Ms. Broussard- Vickers agreed to develop a, list of "What if questions" for legal council consideration. Proposed Special Use Permit - Performance Automotive Broussard - Vickers moved and it was seconded to recommend the City Council grant approval of the special use permit for Performance Automotive, as provided in the ordinance to conduct business at the current location. Motion carried unanimously. Chair Welk entertained seeking legal advice before proceeding. The Commission discussed ordinance 44 -A and its current language. Mr. Buckbee felt the existing ordinance allows 2X6 construction. Chair Welk recalled the intent of the past ordinance amendment was to require masonry brick buildings in the Commercial and Industrial districts. Chair Welk expressed her concerns and suggested that the issue be tabled while Staff seeks legal councils' interpretation of the stated ordinance. Ms. Broussard- Vickers quoted the present ordinance and felt the Planning Commissions responsibility is to enforce the current ordinance. The Planning Commission anatomized ordinance 44 -A in the past and present form. Accordingly, the Commission elected to forward the Council the following recommendations. Ms. Broussard - Vickers moved and it was seconded to recommend to the Council to approve construction made for this site, since it meets with the current ordinance. And, the Commission felt the Council has just cause to change ordinance 44 -A; denying wood frame buildings in the Commercial and Industrial Districts. However, because the applicant had initial contact with the Planning and Zoning Commission, the above- mentioned recommendation is made (approve construction made for this site since it meets with the current ordinance). Furthermore, the Planning Commission has concern denying the application since the applicant made contact with the Planning Commission prior to the Council imposing ordinance 44 -A amendment. Chair Welk aye, Vermeulen aye, Broussard - Vickers aye, Buckbee aye, LaMotte abstained. Motion carried. Proposed Tobacco Ordinance #66 Ms. Broussard- Vickers moved and it was seconded to forward tobacco ordinance #66 to the City Council; Apply appropriate numbering and strike in its entirety, Tobacco Ordinance 66.13 Penalties. Subd. 3 Minors. (Minors found in unlawful possession 5 of, or who unlawfully purchased or attempt to purchase tobacco, tobacco products, or tobacco related devices shall be charged an administrative fee set by City Council resolution and will be subjected to 20 hours of community service) CONSIDERATION OF MINUTES February 3, 1998 Planning and Zoning Meeting Minutes Mr. Buckbee moved and it was seconded to approve the February 3, 1998 Planning and Zoning meeting minutes. Chair Welk aye, Buckbee aye, Brossard- Vickers aye, Vermeulen - LaMotte abstained. Motion carried. Roger Kolstead - Rezone and Clearwater Road Vacation Request Ms. Broussard- Vickers moved and it was seconded to take from the table the Roger Kolstead - R2 Single Family to B1 Commercial rezoning and Vacation of Clearwater Road issue. Mr. Buckbee moved and it was seconded to recommend to the Council to deny the rezone and vacation of Clearwater Road request based on the evidence following: - The mixed zoning usage - Testimony about traffic congestion - Safety concerns and issues (Children walking to school) - Spot Zoning - Availability of vacant Commercial /Industrial zoned property - Request is incompatible with current zoning ordinances Motion carried unanimously. Commission member Vermeulen left the meeting at 9:30 p.m. The Commission discussed a planning seminar attended by several members and the Commission members responsibilities and liability. Mr. Buckbee moved and it was seconded to adjourn the March 12, 1998 Planning and Zoning meeting at 9:40 p.m, Motion carried unanimously. Respectfully Submitted, Ry -Chel Gaustad, CMC City Clerk 6 CITY OF CENTERVILLE PLANNING AND ZONING MINUTES TUESDAY, APRIL 7, 1998 Pursuant to due call and notice thereof, the Planning and Zoning Commission of the City of Centerville did not hold its regularly schedule meeting on April 7, 1998 at City Hall 1880 Main Street due to a lack of a quorum. Respectfully Submitted, - Ry-Ch 1 Ch Gaustad, CMC City Clerk • • • CITY OF CENTERVILLE PLANNING AND ZONING COMMISSION MAY 5, 1998 Pursuant to due call and notice thereof, the Planning and Zoning Commission of the City of Centerville held its regularly scheduled meeting on Tuesday, May 5, 1998, at City Hall, 1880 Main Street. PRESENT: Chair Kathy Welk Linda Broussard- Vickers John Buckbee ABSENT: Tina Vermeulen Al LaMotte STAFF: Jim March, Administrator Ry -Chel Gaustad, City Clerk Paul Palzer, Public Works Director /Building Official CALL TO ORDER Chair Kathy Welk called the meeting to order at 7:05 p.m. PUBLIC HEARING (5) Joyce Stevens - Lot Split Ms. Joyce Stevens -Green (7007 20th Avenue) briefed the Commission on the reason for a lot split request. Ms. Green explained a business owner voiced an interest in purchasing the pole style building located on her property. The business owner planned to house equipment in the pole building. Furthermore, the business owner is aware the pole building is located within the floodplain. In addition, the business owner planned to purchase the pole building and house. However, the business owner will not be in a financial position until a later,date. Ms. Broussard - Vickers questioned the property zoning classification. Mr. March noted the property is in B1 Commercial. Mr. March added, Ordinance #33. FLOOD PLAIN MANAGEMENT ORDINANCE. SECTION 7.0 SUBDIVISIONS states, "No land shall be subdivided which is held unsuitable by City Council for reason of floo ding, inadequate drainage water sup ly or sewage treatment facilities. All lost within the flood plain districts shall contain a building site at or above the Regulatory Flood 1 I ' Protection Elevation All subdivisions shall have water and sewage disposal facilities that comply with the provisions of this Ordinance and have road access both to the subdivision and to the individual building sites no lower than one foot below the Regulatory Flood Protection Elevation." Mr. Palzer added, a property owner can fill the flood plain, but not in the floodway. In addition, each proposed property must have a buildable site, in the case reconstruction is needed. If the current building is 51% destroyed, the proposed lot must have an area outside of the flood way to build another building. The city cannot issue a building permit to reconstruct the existing building if it is destroyed by 51% or more. Chair Welk confirmed the existing building is in the flood way. Public Hearing closed at 7:20 p.m. Mr. Palzer noted city ordinances require new structures be two feet above flood plain elevations. Mr. March said the legal council noted the subdivision can be approved with an approved variance. Mr. Buckbee questioned Staff if the business owner considered purchasing parcel "A" with parcel "B." Ms. Green replied selling the property as a whole is too financially restricting for the proposed business owner at this time. Gerald Rehbein - MUSA Swap Mr. March gave a brief overview of the different MUSA dedicated phases and he noted the request to relocate MUSA from the property on the north east corner of the city to the property located south of Main Street and west of 20th Avenue. Also, Mr. March updated the Commission on the City's Comprehensive Plan and its MUSA designation areas. Mr. March added, the proposed MUSA Swap would afford the city and property owner to develop the strip of land along 20th Avenue. Also, the proposed property is not slated for MUSA until year 2001. Chair Welk inquired about comments from the Metropolitan Council. Mr. March commented the best way to address the MUSA shortage on 20th Avenue is to switch the MUSA properties. Councilmember Helmbrecht questioned Mr. March about requesting a Comprehensive Plan amendment from the Metropolitan Council. Mr. March replied the City is not required to file a formal Comprehensive Plan Amendment. However, the City will need to inform the Council that a "House Keeping Amendment" will need to 2 • be completed. Chair Welk questioned the audience for comments in regard to the MUSA request. The Planning Commission heard no comment from the audience. Public Hearing closed at 7 :24 p.m. Bill Bisek - Variance Mr. Bill Bisek (7098 Centerville Road) presented a plan to expand Kelly's Korner on the northeast corner of the building. Mr. Bisek noted the expansion will create an ADA entrance into the bar area, provide a larger kitchen and dinning area. Mr. March commented several variances have been issued in the downtown area. This appears to be because of non - conformance issues. Mr. March added, the addition will not be further north than the existing north wall. Ms. Brossard - Vickers questioned setting precedence. Mr. Palzer commented variances can be issued to bring a building to a less non - conforming building. Mr. Buckbee questioned Staff if the existing building was destroyed and then rebuilt would the building be within the required set backs. Mr. Palzer noted the County requires a 50' building set back from the center of County Road 14. The Planning Commission suggested waiting until the Design Team reports its findings to the City, prior to approval. Mr. March commented the Design Team will make recommendations to the City on linking trailways, providing downtown access. Chair Welk questioned Staff as to the Design Teams time line to report back to the City. Mr. March commented the Design Team should report back its findings by mid - September. Mr. Buckbee questioned Staff about the County's variance process. Mr. March said Anoka County has plans to widen Main Street. However, it may be in the City's best interest to develop its own way prior to that time. Also, Mr. March understood the City has planting power. Mr. Bisek noted zoning ordinance #4 needed to be changed to address the downtown area because of the unique layout and the age of the buildings. Mr. Buckbee commented the City needs to change the ordinances instead of the City granting variances. 3 Public Hearing closed at 7 :42 p.m. Amendmen to Or din a nc e 44A Chair Welk read aloud the public notice, the current ordinance and the proposed amended ordinance. Mr. March clarified the reason behind the ordinance amendment which was to eliminate pole buildings and address wood frame buildings. Essentially, one building constructed of brick may be worth $800,000 whereas, a building next to it may be constructed with wood frame material and worth $200,000. The taxing capacity is different due to the site and value of the building. Public Hearing closed at 7:46 p.m. APPEARANCES R.aer Kolsted - Rezone and Vacate Property South of Main St. Mr. Kolsted reiterated he had met with the Planning Commission in March and his request was denied. Currently, Mr. Kolsted is requesting the Planning Commission to reconsider a bank at Main Street and Dupre Road. Furthermore, changes have been implemented to address the citizens' and the Commissions comments from the last hearing. Foremost, a sidewalk can be constructed from Dupre Road west to Progress Road, then north to Main Street. The sidewalk would address school children walking. Mr. Kolsted commented the property owners are willing to close on the land and commence building in the spring of 1999. Therefore, he requested the Planning Commission table the issue instead of denying the request. Chair Welk addressed traffic exiting onto Dupre Road. Mr. Buckbee noted the property is currently zoned R2 (Single Family Residential) and several new homes have been constructed on the adjacent property. Mr. March reiterated the city's position on spot zoning and the City's requirement to act on rezoning requests. Furthermore, Mr. March reported the city is in receipt of a 60 -day waiver form. Thus, no action is required from the Planning Commission. Mr. Jake Shoepe (7084 Dupre Road) stated he was opposed to the bank construction on the corner to the Eagle Pass Development. Mr. Shoepe also had concerns regarding the safety of school children that walk to the elementary school. Chair Welk noted receipt of a letter drafted by the Hammerick family. (Exhibit A) 4 Ms. Roberta Wirth (7065 Eagle Trail) shared a similar situation which occurred in the City of Mahtomedi, and she commented the homeowners are very unhappy with the City's rezoning decision. In addition, the Mahtomedi bank has been held -up for ransom which subjects the neighborhood to violence. Mr. Marcel Rivard (7022 Progress Road) voiced concern his property may become landlocked if the Clearwater Road is vacated. Mr. Kolsted clarified the vacation of road is from Main Street to Sorel Street. Thus, the property in questioned would not be landlocked. Ms. Peggy Anderson (7082 Progress Road) questioned the Developer who would pay for the sidewalk and its maintenance. Chair Welk noted the city needs to acquire an easement prior to the sidewalk installation. Ms. Linda Paulson (1764 Main Street) commented the bank will not create more traffic than the tree farm generated. Ms. Paulson added, children should not be playing around Main Street area. Mr. Rick Paulson (1764 Main Street) recalled when deer roamed the area. Now, there are townhomes and diesel trucks running. In addition, there is a chiropractic office on Main Street in a residential district, a bank is better for tax purposes. Mr. Buckbee emphasized the City's need to wait on acting until the whole Main Street plan is considered. Ms. Brossard - Vickers suggested waiting until the city receives a report back from the design team, thus affording the city the opportunity to work with all the properties along Main Street. Also, unfortunately, neighborhood opposition does not determine approval or denial if a property is rezoned. Ms. Roberta Wirth (7065 Eagle Trail) stated the zoning change will have an impact on the safety and welfare of all parties, which needs to be taken into consideration, as per state law. And if not, what criterion needs to be met for rezoning. Mr. March replied the city has "Police authority" which gives them zoning rights. Mr. Buckbee commented Mr. Kolsted has presented an interesting concept. However, the idea does not address spot zoning. Mr. Buckbee recommended waiting until the design team brings their ideas back to the city. 5 Mr. Bisek suggested the Planning Commission not place too much weight on the design team. Ms. Brossard- Vickers replied Mr. Kolsted's intent is to pursue the purchase of the property and the construction of the building in the spring of 1999. Therefore, it may be in the city's best interest to wait. Mr. Doug Porter (7046 Eagle Trail) observed south of Main Street is primarily residential and the main corridor of property is a blend of businesses and homes. Mr. Porter suggested the city cater to residential or commercial for future developments. Mr. Porter added, he is opposed to the construction of the bank and stressed the need for children's safety in and around the bank. Chair Welk commented it is difficult to consider all options at this time. It is the City's intentions to bring both residential and business together in harmony. Mr. Buckbee moved and it was s econded to recommend to t h e C o unc il not to approve the rezone and vacation of pr operty request for reasons of rezoning and to wait for the downtown revitalization committee report Motion carried unanimously Ms. Brossard Vickers mo and i was seconded to recess for five (5) minutes. Motion carried unanimously. John Snyder - Site Plan for Terminal Transport Mr. March gave an overview of the proposed business. The facility located at the south east intersection of 20th Avenue and Ceder Street would be constructed to house offices for the payroll business function and for a truck maintenance department. Mr. March foresaw concerns with County Road 54 access. Mr. Buckbee noted it would be nice for the City to attempt to protect the residential properties south of Ceder Street. Clearwater Meadows Industrial Park Mr. Rehbein briefed the Planning Commission on a proposed layout plan for Clearwater Meadows outlot and he discussed businesses that are interested in building on the propo property. Ms. Brossard - Vickers questioned the properties zoning. Mr. March indicated the property is identified as Bl Commercial. The Commission discussed light industrial lot requirements of one acre with a minimal lot width of 125' and the set back requirements along County State Aid Road 54. 6 Mr. Buckbee explained the proposed layout meets the minimal lot size. However, the rezone is not conducive to the comprehensive plan. Mr. Palzer suggested the City consider adjusting the ordinances to allow light industrial and commercial in the same category. The Commission discussed identifying commercial, industrial and light industrial districts and its differences. Mr. Rehbein noted the suggestions and commented updates will be implemented and he will reproach the Commission at a later date. Willow Glen Business Park (WGBP) Preliminary Plat Mr. March reported on the WGBP and new developments. Mr. March reiterated the October Commission meeting minutes where the WGBP sketch plan was addressed. Mr. March also distributed a letter from the City Engineer and another from Anoka County Highway Department. Mr. Rehbein pointed out a discrepancy in the right -of -way (ROW) between Anoka County Highway Department and himself. Mr. Rehbein felt Anoka County is requesting too much front footage for the ROW. Mr. March commented the Commission moved to recommend the developer address access onto County Road 14 (Main Street). Ms. Brossard - Vickers questioned future access to outlot A. Mr. Rehbein indicated County Road 21 north is proposed and will service outlot A. Chair Welk recommended implementing one access onto County Road 14 and one access onto County Road 21. Mr. Rehbein stated the west access will be an exclusively right turn entrance only and another in and out access on Main Street and another on 20th Avenue. Action on Lot Split Request Ms. Brossard- Vickers confirmed the city ordinance and the state laws restrict lot splits in the floodplain /floodway. Mr. Palzer read aloud uniform building code 7.0 and 7.1. In summary, a property cannot be subdivided in the floodplain unless a buildable site is located on both of the proposed properties. In addition, the buildable area must be 2' above floodplain elevation. Mr. Palzer noted a building can be constructed in the floodplain. However, the building regulations are restrictive and can be costly. Ms. Brossard- Vickers confirmed the prospective owner knows the property is in the floodplain and cannot be reconstructed if 51% or more of the building is destroyed. 7 Mr. Jack Green (7007 20th Avenue) stated denying this request places the property owner in an unusual position to pay taxes on property that is restricted from utilizing the property. Ms. Brossard - Vickers moved and it was seconded to table the lot split in order to gather more information and to reconsider the request. Motion carried unanimously. Action on the MUSA Swap Mr. Buckhee moved to approve the MUSA swap request and to recommend to the City Council Chair Welk second the motion Motion carried unanimously.,_ Action on Variance Request - Kelly's Korner (7098 Centerville Road) Ms. Brossard - Vickers understood the nonconformity ADA concern, but noted the Commission has delayed other projects in anticipation of the design team's findings and questioned Staff if the Commission should wait to act on the variance request. Mr. Palzer commented on federal mandates allow buildings to become less nonconforming. Thus, suggesting the variance request is granted for an ADA ramp. Ms. Brossard - Vickers moved to recommend approval of the variance request as requested due to the current ADA non - conformance. Als re th tr cont ainers ar en M carried unanimously. Ordinance 44 A Chair Welk mo ed v and it was seconded to table ordinance 44A until the June Commission meeting. Motion carried unani Discharge of Firearms Mr. Buckbee moved and it was seconded to table ordinance #5 until the June Commission meeting. Motion carried unanimously. Amended Ordinance #4 signes Subd. 32.03 - 04 Political Signs. Chair Welk moved and it was seconded to table the polical signs. Uniform Housing Code Ms. Broussard Vickers moved and it wa seconded to table agenda item uniform housing code until the June Commission meeting. Motion carried unanimously. Adjournment Chair Kathy Welk moved and it was seconded to adjourn the May 5, 1998 Planning and Zoning Commission meeting. Motion carried unanimously. 8 The Planning and Zoning Commission meeting adjourned at 10:35 p.m. Respectfully Submitted, Ry -Chel Gaustad, CMC City Clerk 9 CITY OF CENTERVILLE PLANNING AND ZONING COIMIMISSION JUNE 2, 1998 Pursuant to due call and notice thereof, the Planning and Zoning Commission of the City of Centerville held its meeting and several public hearings on June 3, 1998, at City Hall, 1880 Main Street. PRESENT: Chairperson Kathy Welk Commission Members: Linda Broussard- Vickers John Buckbee ABSENT: Commission Member Al LaMotte STAFF: Jim March, City Administrator Ry -Chel Gaustad, City Clerk Paul Palzer, Building Official/Public Works Director David Nyberg, City Engineer Phil Bergem, P.E. Engineer Roll Call Chair Welk called the June 2, 1998 Planning and Zoning Commission meeting to order at 7:05 p.m. PUBLIC HEARINGS Lessard Rezone Request Mr. Willy Lessard (21080 Floral Bay, Forest Lake, Minnesota) addressed the Commission and requested the property at 7005 20th Avenue be rezoned from residential to commercial. Mr. Lessard explained in the past, the property was zoned and taxed commercially. However, recently the City changed the zoning from commercial to residential. Unfortunately, Mr. Lessard was unaware of the zoning change, therefore, he is requesting the property be rezoned back to commercial. Mr. Lessard further explained his intent is to focus on attracting good businesses in the commercial area. Ms. Ronald Lenz (7008 Brian Drive) stated, he and his family moved from St. Paul to Centerville for the peace and quite. Mr. Lenz read aloud a poem. In summary, the natural woods and its habitat are beautiful, so please don't forget about the little chipmunks and birds when considering to develop this property. 1 Mr. Lessard said he appreciated the citizens' interest in nature and noted the property was classified commercial prior the Clearwater Meadows Development and the property will be developed. Mr. Michael Hunter (1917 Center Street) stated he has an investment to protect. The value of his property will decrease if commercial businesses are built behind his home. Ms. Maureen Wilson (7094 Brian Drive) stressed the through street connecting Brian Drive to 20th Avenue will increase traffic and the possibility of children getting hit by a vehicle. Mr. Lessard proposed to install a collector street to have the businesses access 20th Avenue and then eliminate a through road to 20th Avenue. Mr. Donald Moe (New resident on Brian Court) shared him and his family moved two blocks to stay in Centerville. However, had the property behind his lot been zoned commercially, he would not have purchase the lot. In addition, he supported single family homes for the safety and welfare of the community. Also, the property value will be consistent and the area will be more esthetically pleasing to have his property abut residential homes rather than commercial businesses. Ms. Darlene Kurshener (7005 Brian Drive) commented had she knew this property may be rezoned commercial, she would not have purchased her house. Mr. Tim Pelican (1889 Center Street) commented, he and his family moved to Centerville two weeks ago to raise their children in a good community away from commercial businesses. Furthermore, he is opposed to the rezoning request and he believes the streets would be safer without commercial businesses located in the proposed area. Mr. Brad Hanggi (7003 Brian Drive) stated the existing houses on Brian Drive and Brian Court account for approximately twenty children and safety should be a city concern. Mr. Paul Gordy (6936 Ivy Court) moved to the city seven years ago, because of the peace and quite. Although, Mr. Lessard may lose money, if the property is not rezoned to commercial, however, the current residents will lose money. Mr. David Luke (7026 Brain Court) noted that recently he and his family moved from Peltier Lake Drive to Clearwater Meadows for the natural surroundings. Now, he may be looking out his back window at a commercial district. In addition, why should the residents' pay for the City's lack of planning. Mr. Brain Hoffman I949 Center Street) said, whether it is commercial or residential the City ) Y should be aware that all the water from the twenty -acre parcel drains into the small pond behind lot 21, of Center Oaks development and it should be addressed. 2 Mr. Lessard comment there is an engineering study in progress to address drainage. Mr. Lessard added, the bulk of the City's tax burden is placed on businesses, therefore, the commercial district is a benefit to the City. Furthermore, Mr, Lessard would not propose anything that would be detrimental to the surrounding properties. The new businesses would be well designed with good commercial buildings to blend with the residential area. Mr. Jim March (7147 Brian Way) addressed several concerns that arose. Mr. March stressed any property owner can make a request to the city and the request must be addressed by the City. Therefore, the city is not endorsing the rezone request. Also, the City publishes public hearings and notifies all residents within 350' of the property in question. Therefore, some residents may not have been notified because their property is too far a distance from the proposed property. The City is governed by the people, and comments and concerns are taken into consideration. However, the City will do what is best for the City has a whole. Finally, the developments of Clearwater Meadows and Eagle Pass were designed by the City to connect Eagle Trail and Brain Drive. Mr. Buckbee questioned Staff if the last comprehensive plan indicated the twenty -acre parcel was zoned commercial. Chair Welk noted receipt of three letters received from the Kurshener family (7005 Brian Drive), Carter family (6944 Ivy Court), Johnson family (7017 Brian Drive), and the Lenz family (7008 Brian Drive) (Please see attached). Mr. Buckbee moved to adjourn this section of the public hearing at 7145 p,m. Ms. Broussard - Vickers seconded the motion. Motion carried unanimously,_ Terminal Transport - Special Use Permit Mr. Brent Coatney and Mr. John Snyder gave a presentation on Terminal Transports concept and landscaping plan. The building will be approximately 14,000 square feet and will sit on 6.75 acres. Terminal Transport Developer plans are to break ground for the new building on June 15, and open for business in September of 1998. Mr. March clearly stated the certificate of occupancy will not be issued until the utilities are available and operational. Ms. Norma Nadeau (6644 20th Avenue, Lino Lakes) questioned the business owners if their entrance will be from 20th Avenue or Cedar Street. Mr. Snyder confirmed the business will have access onto 20th Avenue. Mr. March reported the property is industrially zoned and the lot size is similar to Northern Forest Product's lot size. Mr. Brian Hanson (1950 Center Street) said, the semi traffic has increased on 20th Avenue which 3 has caused an increase in noise and pot holes. Mr. Coatney explained the business will be used for central dispatch and a semi truck maintenance service center. Moreover, the semi truck traffic will consist of one to ten trucks daily, and central dispatch hours will be from 6:00 a.m. to 11:00 p.m. • Mr. Michael Hunter (1917 Center Street) stated it appears the City of Centerville is becoming a business community and then the City will not be a quite community. Mr. Pete Nadeau (6644 20th Avenue, Lino Lakes) suggested the semi truck traffic be directed east on Ceder Street to eliminate 20th Avenue traffic. Mr. Buckbee suggested the developer screen the businesses from the residential district along Cedar Street in Lino Lakes. Mr. Joe Ulrich (7055 Cottonwood Court) commented additional office/ warehouse space will be good for the community tax base. Mr. Buckbee moved to close the Terminal Transport Special Use Permit public hearing. Ms. Broussard - Vickers s econded the motion Motion carried unanimously Continuation of Ordinance #44A - BuildinLConstruction Chair Welk read aloud ordinance #44A - building construction and its proposed amendments. Ms. Broussard- Vickers moved to close the Ordinance #44A - Building Construction pullis hearing. Mr. Buckbee seconded the motion. Motion carried unanimously. Continuation of Jo Stevens ( Greene, Lot Split Request Ms. Broussard- Vickers moved to close the Joyce Stevens (Greene) lot split public hearing. Mr. Buckbee seconded the motion. Motion carried unanimously. APPEARANCES Mr. John Snyder Site Plan for Terminal Transport Mr. Snyder approached the Planning Commission and requested approval of the Terminal Transport site plan. Mr. March suggested revising the special use permit (sup) and require a shield between Terminal Transport and the Cedar Street residences: Ms. Broussard - Vickers confirmed the building size and setbacks are in compliance with the city code. Mr. Phil Bergum addressed right -of -way (ROW) concerns referred to in a letter dated June 2, 1998. The engineering firm recommended implementing a 33' ROW based on the center line. Likewise, Mr. Bergum suggested the Commission consider permitting the parking lot encroach on the drainage easement to assist in drainage. 4 Chair Welk questioned the engineering staff in regards to the future expansion along the east side of the property. Mr. Bergum noted the proposed parking lot allows for extra water storage. Mr. March reported a pond is to be constructed north of the site. Mr. Nyberg commented the pond plans are being prepared, however, Mr. Rehbein will propose a comprehensive drainage plan for the 40 -acre industrial property. Mr. Buckbee questioned the engineers if the 40 -acre grading plan concept is conducive to Terminal Transports grading plans. Mr. Snyder replied Rice Creek Watershed District (RCWD) approved Terminal Transports grading plans. Ms. Brossard- Vickers confirmed with Staff the sup is compatible with contiguous properties, and that 20th Avenue is able to handle the increased semi truck traffic. In the like manner, Ms. Brossard- Vickers inquired about Anoka County's comments in regard to 20th Avenue access, Mr. March stated 20th Avenue is maintained by Anoka County. Also, Anoka County requested entrances accessing onto 20th Avenue are not within 200' of the intersection of 20th Avenue and Cedar Street. The proposed entrance complies with Anoka County Highway Departments requirements. Mr. March reiterated the sup addresses the fact that no utilities are at the property and no operation will be permitted until utilities are available to the property. Mr. Nadeau hoped the City will restrict noise from the trucks and maintenance shop. Mr. March explained the City has a noise ordinance. Ms. Brossard- Vickers moved to grant the sup contingent upon the drainage concerns he addressed and no operations take place at the site until utilities are available Also that there is no access fr om this building to Cedar Street in the future and the Commission approves the site plan as submitted. contingent upon the Citv Engineer's approval Mr Buckbee seconded the motion. Motion carried unanimously_ Dick Travis - Sketch Plan for Moore Properties (7305 &7353 20th Avenue North) Mr. Dick Travis (7264 Twin Lakes) briefed the Commission on a proposed sketch plan with six lots, and one 10 -acre outlot, on a 20 -acre parcel and he requested the Commissions consideration for sketch plan approval, Mr. Travis planned to independently finance the utility improvements. Incidentally, a trail easement is proposed to access the park and additional park fees will be in lieu of park land. Mr. March reported due to an abandoned house east of the proposed development, the sketch plan is not in compliance with city ordinances. The ordinance states a septic system is allowed on a minimal 10 -acre parcel. The proposed development will cause too many structures on the south 20 -acre parcel. Mr. Travis replied the existing house will either be demolished or relocated. Chair Welk confirmed the property is within the MUSA. Mr. March said it is unlikely the utility line will serve the east property because of the wetlands. Mr. Nyberg explained that a shallow, 10" line is located south east on 20th Avenue, Moreover, the utility connections will have to be 5 further investigated. Chair Welk confirmed the proposed lots conform with the R5 zoning, 17,000 square feet requirements. Ms. Brossard - Vickers suggested the Travis family return with a more defined plan and the further suggested they request to rezone the property from Rl to R5. Mr. Match noted the City will work with the Travis family to develop the developer's agreement, streets, curb, gutters and utility plans and specifications. Mr Buckbee moved to recommend to the Council the propert be developed as an R5 zo ning di rict. Ms. :re._ and -Vicke s -cons -d t - moti.n. Mo i.n c.rries un. 'mou 1 . Husnik Homes - Sketch Plan for Property North o£ Main Street Mr. Paul Husnik (2640 Westergreen, White Bear Lake) presented a sketch plan for the property on the north east corner of Main Street and Peterson Trail. The proposed building will consist of a couple retail units with rear delivery truck access. Mr. Husnik hoped the building will be constructed and ready for occupancy fall of 1998. Ms. Broussard- Vickers confirmed the first of two driveways is located 90' from County Road 14. Mr. March noted the building is proposed to be of brick construction and encroaches 10' within the drainage easement. Ms. Broussard- Vickers said the building meets with the B1 (commercial) requirements. However, four thousand square feet buildings are identified within the light industrial zoning district. Therefore, Mr. Husnik may need to redesign the building or request a variance for the building square footage. Mr. Nyberg explained the building is proposed to encroach on the drainage easement. However, there may be room on the east side of the property to create a deep swale so the drainage would not be hindered. Greg Watson - Starfire Gvmnastics(Vacant property south of Eagle Trucking) Mr. Watson (Senior Project Manager) addressed the Planning Conunission and gave an overview of the proposed building construction and the site plan for a gymnastics facility. The 15,000 sq. ft. gymnasium is proposed to be located on Clearwater Meadows outlot C. The facility will be used as a modified day care, dance studio and gymnastic training location. The owners plan to hold summer camp and Special Olympics at the proposed site. Mr. Buckbee questioned the project manager as to the height of the building. Mr. Watson said the height is proposed at 21'. Mr. March noted the ordinance allows a maximum of 35'. Ms. Broussard- Vickers questioned the engineer about the drainage concept. Mr. Nyberg explained the drainage from the rear parking lot will drain into the creek. In addition, Mr. Nyberg suggested extending the berm to buffer the residents from the commercial property. Ms. Tina Riehle (7044 Cottonwood Court) felt concerned about the drainage because water 6 collects on the property and then the overflow drains onto her property. Ms. Pam Neulkenes (7054 Cottonwood Court) asked what guarantees do the property owners have that in the future the gymnasium will not be converted into an industrial building. The Commission replied there are no guarantees. Mr. Watson stressed a desire to obtain a building permit to ensure the business will be in operation by September 1998. Mr. Buckbee moved to recommend to the Council that the Planning_and Zoning Commission recommend Starfire C�ynmastics be permitted within the uses of that district and that they may proceed without a public hearing fora special use permit Motion seconded by Ms Broussard - Vickers. Motion carried unanimously. Ms. Broussard- Vickers moved to recommend the •reli 'nom ketch • an is as 'rove! with •ecial attention to landscapi • to mil •at th- we s de oft - • o•e & and 1 •e t-• the en•ine-r work with the drainage issue Motion seconded by Mr Buckbee. Motion carried unanimously. Action on Lessard Rezone Request The Commission discussed the Lessard rezone request. Mr. Buckbee commented traffic will increase with more homes and suggested leaving the property zoned, as is, commercial and residential. Mr. Lessard explained a blend of doctor offices, dentist offices' and/or business offices will make a nice transition between the residential and commercial zones. Mr. Buckbee suggested Mr. Lessard return to the Commission with an idea of how he would like the property to develop. Ms. Broussard - Vickers commented she would like to research the legal guidelines and explore why and how the property was and is zoned. Mr. Lessard stated he will sign a 60 -day rezone waiver form. Mr. Nyberg commented Eagle Pass is a PUD (Planned Unit Development) and suggested Lake Area Utilities land be developed as a PUD. Furthermore, the City's intention is to connect Eagle Trail to Brain Drive. Mr. Buckbee moved to table the Lessard rezone request until the July 7, 1998 Planning Commission meetins and to direct staff to renotify the surrounding_property owners the issues will be revisited. Motion seconded by Ms. Broussard- Vickers. Motion carried unanimously_ Action of Stevens (Greened Lot Split Request Mr. March briefed the Commission on flood plain regulations pertaining to Stevens lot split request. Mr. March discussed City ordinance #33 - Flood Plain; in summary, a structure cannot be built within the flood way. Mr. Palzer reported the state law states, in order to approve a lot split within the flood way the site must provide a building site outside of the flood way. Mr. March said the proposed lot will not have an area for constructing a building outside of the flood way. In any case, the city has authority to grant a variance to its own ordinance, but not to state 7 laws. However, the property owner can apply for an amendment to FEMA for a map amendment. The City is restricted and cannot approve a lot split based on the information presented. s.:rous ar. -Vi kers m.velo to den t e lot .lit 'as- lo on the f.ct lores•nted b the Buildin_ Official That the City cannot grant a variance to the state laws. Also. advise the property owner to apply for a letter of map revision from FEMA. in order to request a tnt cnlit in the future Motion seconded by Mr. Buckbee. Motion carried unanimously. Mr.: ckbee moved to ta•le eves 'n• re ainin• on the . Menlo .. M . Brous .rd -Vi ke sec.ndeo t emotion lotion . ri•du . o sl Mr Buc loee ov- lo to a.:0 m he une 2 1998 Pl. ic• a lo Zoni • eetin• Ms :rou sard- Vickers seconded the motion. Motion carried unanimously. The Planning Commission meeting adjourned at 10:40 p.m. Respectfully Submitted, Ry -Chel Gaustad, CMC City Clerk 8 CITY OF CENTERVILLE PLANNING AND ZONING COMMISSION JULY 7, 1998 • Pursuant to due call and notice thereof, the Planning and Zoning Commission of the City of Centerville held its regularly scheduled meeting and two public hearings on July 7, 1998, at City Hall, 1880 Main Street. PRESENT: Chairperson Kathy Welk Commission Members: Linda Broussard - Vickers Al LaMotte ABSENT: Commission Member John Buckbee STAFF /CONSULTANTS: Jim March, City Administrator Ry -Chel Gaustad, City Clerk David Nyberg, Consulting Engineer *********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** PUBLIC HEARING (S) Lessard Rezone Request - Continued Mr. Willy Lessard (7005 20th Avenue) thanked the Commission for the opportunity to again bring this issue before the Commission. Mr. Lessard gave an overview of the proposed plat with consideration of the rezoning request. The Center Villa development is proposed to include eleven residential lots encompassing 4.6 acres and two commercial lots with two outlots, encompassing 6.95 acres. The largest single family lot is .51 acre and the average lot size is 2000 square feet. Furthermore, outlot A and outlot B is proposed to be 142,487 and 160,344 square feet, respectively. Mr. Michael Hunter (1917 Center Street) commented he is not in favor of the commercial development and would prefer the property remain wooded. Ms. Maria Hanggi (7033 Brain Drive) commented she would rather have Brian Drive not go through because of the traffic safety concerns. Mr. Paul Gordy (6936 Ivy Court) commented several residents signed a petition stating they are opposed to the zoning change. Chair Welk noted receipt of the petition which was signed by 39 residents (Exhibit A). Mr. Hunter noted Mr. Lessard is not a resident of the community and when the rezone is granted he may sell the land and move out of the city. 1 Bridget Thoums (6947 Ivy Court) commented the commercial buildings and lighting will be an eye sore and irritant to the surrounding properties. Ms. Susan Luke (7026 Brian Court) said she and her family would not have purchased their home had they knew commercial business would be built in their back yard. Ms. Chris Swenson (7016 Brian Court) stated the residential property surrounds the proposed commercial district and the residents concerns should be taken into consideration. In addition, she is opposed to the rezoning request. Ms. Dana Johnson (7017 Brian Drive) felt it not an appropriate place for commercial. Mr. Gordy commented there are no guarantees as to what will go in the area if it is zoned commercial. Mr. Ron Lenz (7008 Brian Drive) voiced concern about the commercial lights, noise and traffic. Mr. Ronald Kline (6995 Eagle Trail) the residents have no guarantees as to what kinds of business will be built in the area. Mr. Hunter said he is opposed to the zoning change and noted Mr. Lessard may not be a man of his words. Chair Welk emphasized the hearing is open so that the city can listen to the citizens, and she stated the meeting will be held in order and comments will be accepted in a respectful manner. Mr. Matt Davonie (E.R. Rud & Son) explained the benefit of the rezone is to eliminate the possibility of high density housing. Mr. Davonie added, the commercial campus like setting will lend to the community more so than apartments, or other high density structures. Mr. Tim Pelican (1889 Center Street) commented crime has increased in White Bear Township since the movie theater was built. Mr. Pelican predicted the same will happen in Centerville if commercial businesses are built in the proposed lots. Mr. Larry Sailer (1925 Center Street) stressed the need to develop a holding pond to address the drainage problems south of the proposed plat. Ms. Broussard - Vickers questioned the engineers if the drainage concerns have been addressed. Mr. Davonie noted the ponding should help the drainage in the area. Mr. Gordy stated ponding may become a safety hazard for the children. Mr. Kline questioned Mr. Lessard as to the commercial set back requirements. Mr. Lessard said 2 there is a 30' set back requirement. Mr. Kline commented commercial buildings could be less than 100' feet from residential property lines. Ms. Swensen commented her and her husband will have a problem selling their house if commercial buildings are built near their back yard. Mr. David Bellingsley (6923 Sumac Court) suggested the Commission consider commercial lighting needs, drainage concerns and the residents opposition prior to acting on the request. Mr. Bellingsley questioned the City Staff if the city commissioned a crime report between commercial and residential properties. Mr. Lessard proposed only to allow specific businesses uses for outlots A & B (Exhibit B). Travis Rezone Request (The Woods of Clearwater Creek) Mr. Dick Travis (Developer) requested the Commission to consider rezoning the property at 7305 and 7353 20th Avenue north from RI Rural Residential to R5 Executive housing. The lots comply with the regulations and the development lends to the area. Mr. LaMotte questioned Mr. Travis if the DNR and RCWD approved their grading plan. Mr. Travis commented the development proposal is scheduled on the August RCWD agenda. Furthermore, the DNR wetlands will not be touched but the building site elevations have not yet been confirmed. Mr. Mike Harris (7296 Brian Drive) voiced a concern about the wetlands and water drainage. Mr. Travis commented the proposed lots are high and will drain into the pond. Mr. Eric Larson (1957 73rd Street) noted he is interested in the drainage on the east side of the property. Ms. Sue Shepard (1935 -73rd Street) questioned the developer if they would be interested in selling the south east building lot to the abutting residents. Mr. Travis commented he would be interested in considering the issue. CONSIDERATION OF MINUTES March 12, 1998 Planning and Zoning Minutes The Commission tabled the minutes. APPEARANCES Dick Travis - Sketch Plan for Moore Property Mr. Travis shared his plans to develop the Moore property. The proposed lot has ten single family lots and one 10 -acre outlot. Mr. Nyberg commented the Travis family would like to build a house on the north lot. However, the Travis family will need to obtain two variances for a 3 to the property. Mr. March commented the Travis family may build on the south property which is 150' off the paved road. Mr. LaMotte questioned Staff if the length of the cul -de -sac is in compliance with city code. Mr. Nyberg commented the road is too long and the Travis' will need to seek a variance approval for the Length of the road. Also, the Travis family will seek preliminary plat and the required variance approval during the August 4, meeting. Mr. Nyberg noted Center Villa plans need to move along or the city will need to address the row of tree removal along the north property line. ACTION ITEMS Action on Lessard Rezone Request Ms. Broussard- Vickers commented the rezoning issue is a difficult decision to make. Ms. Broussard - Vickers added, she asked her self what is the Commissions role; who does the Commission answer to. Moreover, she noted she could not let personal opinions influence the decision. Ms. Broussard- Vickers touched upon the desire to observe and address the City's needs as a whole. Likewise, public opinion does not influence the planners decision and she observed the benefits to the city. During the June meeting, citizens voiced a concern about traffic safety concerns. However, the revised plan addresses the traffic concerns. Next, the row of trees on the north property line may be removed and high density housing could be constructed. Again, Mr. Lessard has made provisions for the proper drainage and his plan allows for a berm and additional trees to buffer the commercial property from the residential property. Thus, leaving the row of tress and eliminate high density housing. Ms. Broussard - Vickers commented the commercial business taxes will benefit the entire city. Another reason was the property was taxed as commercial for years, until recently when the zoning was changed to residential. Also, Mr. Lessard has submitted a list of permissible commercial uses, limiting the commercial entities to more desirable businesses next to a residential zone. Overall, to rezone the property from R3 to B1 Commercial is good for the City as a whole. Chair Welk stated it appears the commercial venture abutted proposed lots in Clearwater Meadows, however, the lots sold. The city would like to pick and choose what goes where but the rezone is the best decision for the whole city. Ms. Broussard - Vickers moved to recommend the Council approve the Lessard rezone rectwat from R3 to B1 for the following reasons: the tax benefit to the city. traffic is not a concern, and this rezone request allows existine homes a larger distance from their homes to the buildings where as ' • h density structures like apartments will not provide the distance luxury. And water flowage in regards to the Center Street properties. Furthermore. Ms. Broussard- Vickers moved to recommend to the Council to rezone the property with consideration of the above - mentioned items. And with considera ion of all engineering items, (ponding on the south and north edges of the property)._ Chair Welk seconded the motion. Broussard- Vickers aye. Welk aye, LaMotte nay. Motion carried. 4 Action on Travis Rezone Request Mr. LaMotte moved to recommend to the .until to as .rove the Travi r- • ;e re.u-st. Ms. Bross ard- Vickers seconded the m otion Motion carried una nimousl y. Action on Ordinance #44A - Building Construction Mr. March presented an amendment to ordinance #44 A - Building Construction to read: Light Industrial/Industrial Districts All buildings erected on land within the light industrial and industrial zoning districts shall be constructed with the main wall component being masonry, concrete or structural iron. No building shall have pole barn type construction nor an exterior wall surface of sheet metal in excess of 25 %of the surface area. Exterior wall surfaces shall be of non - combustible materials, the trim materials are excluded from this requirement. Contrasting architectural features must be included to highlight the exterior wall faces. This may include contrasting building materials and /or colors. The intent is to develop aesthetically pleasing buildings. The building design will be reviewed and approved by the Planning Commission. Commercial Districts Buildings in the commercial zoning districts shall be constructed with the main wall component being wood frame, masonry, concrete or structural iron. No building shall have pole barn type construction. Contrasting architectural features must be included to highlight the exterior wall faces. This may include contrasting building materials and/or colors. The intent is to develop aesthetically pleasing buildings. The building design will be reviewed and approved by the Planning Commission. Mr. March commented the main intent is the commercial assessed value difference and the buildings longevity. Chair Welk noted there is no problem requiring structurally sound buildings for a better appearance. The Commission's consensus is to proceed with the amended changes. Mr. LaMotte moved to recommend approval to amend ordinance #44A - Building Construction Chair Welk seconded the motion. Moiton carried unanimously. DISCUSSION ITEMS Shoreland Ordinance Mr. Nyberg briefed the Commission on the need to adopt the shoreland ordinance to complete the City's comprehensive plan. The Metropolitan Council approved the City Comprehensive plan contingent upon the completion and acceptance of the surface water management plan (SWMP). The shoreland ordinance is needed to complete the SWMP. The shoreland ordinance is designed to identify the particular distance a building construction can occur from the waterways. Currently, the DNR is requesting the city require a 300' setback for the waterways. Whereas, Rice Creek Watershed District (RCWD) is requesting the city implement a minimal 1000' setback from the waterways. Mr. March proposed to design the shoreland ordinance as less restrictive as 5 possible and then make application for approval to the governmental agencies. The Commission requested a joint meeting with the City Council to discuss this issue. • Hnnsing Maint enance Standard - Un iform Housing Code Mr. March updated the Commission on the City's need to implement a housing maintenance standard code. The Uniform Housing Code restricts residence that are in poor condition and provides the City the ability to enforce higher housing maintenance standards. The code will allow the city to address deterioration of principle structures and substandard buildings. Mr. March also proposed for the Commissions consideration, a supplemental ordinance which enforces higher building standards but is less restrictive. Mr. Bill LaLonde (1687 Westview Street) commented the Uniform building code sets a standard which gives the city an opportunity to keep homes maintained at a higher standard. Therefore, assisting in an overall benefit to the City. Mr. March commented the current ordinance leaves room for interpretation, certain areas are too strict and then others areas are not included. Ms. Broussard - Vickers requested additional time to review the uniform housing code and additional supplements. The Commission elected to table the issue until the August 4, Planning Commission meeting. Amended Ordinance #5 Discharge of Firearms The Commission elected to table amended ordinance #5 discharge of firearms. Amended Ordinance #4 Signs. Subd. 32.03 -04 Political Signs Ms Bros sard - Vickers moved to anprove an amendment to the current political sign as presented Mr. LaMotte seconded the motion. Motion carried unanimously, Ms. Brossard- Vickers moved to continue the Lessard rezone request public hearing to the J 22 1998 Council meeting. Chair Welk seconded the motion Motion carry una nimously. ADJOURNMENT Ms. Broussard- Vickers moved to adjourn the July 7 1998 Planning and Zonin meeting. Chair Welk seconded the motion. Motion carried unanimously_ The Planning and Zoning meeting adjourned at 10:05 p.m. ' Respectfully Submitted, Ry -Chel Gaustad, CMC City Clerk 6 DAN AND DENISE SAXTON • 1949 73RD STREET CENTERVILLE, MN 55038 July 1, 1998 Dear Counsel Members: We are appealing to you in regards to Ordinance 4. Recently our next door neighbor erected a shed that is 14 feet wide, 24 feet long and 17 feet high. This shed is 10 feet from our lot line and 25 feet from the back lot line. The lot sizes for out neighbor and ourselves are approx. 1/2 acre. Upon speaking with the inspector, these specifications are within the city's requirements. The following ordinance we received from city hall: Section 34.06. - AMOUNT OF YARD OCCUPIED. In the R -2A, R -2 and R -5 zoning districts a detached accessory building not over one story and not exceeding fourteen (14) feet in height may occupy not to exceed ten (10) percent square footage of the area of any rear yard. The height of the accessory building shall not exceed the height of the primary building. The ordinance is contradictory. "not exceeding 14 feet in height" and "The height of the accessory building shall not exceed the height of the primary build In regards to structure next door: 1. It has 2 stories 2. 17 feet in height How can the city of Centerville allow this monstrosity to he erected? This structure is too large for the lot it was built upon, too high and too close to the lot line. This is not just a standard yard barn like most people along our street have. It equals the size of a single car garage, put along the side lot line, length wise, centering both the 'back yards. Major efforts were put forth to landscape /beautify our own property, and we are extremely concerned that this structure will have an impact on the value of our home. The permit still open from his basement, (from some time ago) was just added on to for building the shed. The inspector also felt that they should have had to acquire a separate permit. Why was he allowed to do this? 2 - July 1, 1998 We would like the following items considered for revision: 1. Lower the Height to 10 feet in height. 2. No second stories allowed on accessory structure 3. The city requires special (separate) permits for accessory structures, notifying adjoining property owners and allowing appeals and not allowing (add on's) to existing permits. 4. The footage off of the side lot line be extended to 25 feet and the footage off the back lot be decreased to 10 feet. (reverse what the req.'s are now) We bare no ill feelings towards the neighbors., but are upset with the city for allowing it in the first place! The city ordinance needs clarification /revision for future protection of other homeowners. Attached are photos of the structure. Please consider these revisions carefully, as the next giant shed could be next door to you. Sincerely, Dan and Denise Saxton (612)429 -5564 • i # $ r It � i10! ; v elCiIIri ■ 11111.11 :E - .. . =- - ;'. p ;. [.. sl \ MEMO DATE : May 1, 1998 TO Planning Commission FROM : Jim March RE Amendment to Ordinance #5 - Discharge of Firearms ********************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** The police department has had some difficulties in trying to enforce Ordinance #5 the way that it is currently written. This item has been referred to the Planning Commission by the City Council. The main issue is that the current Ordinance does not eliminate the discharge of firearms (shotguns) that emit multiple projectiles within the corporate limits. Duck hunters, trap- shooters, etc. are not banned from discharging their firearms as long as they are shooting multiple projectiles. This item needs to be amended in the current Ordinance. Enclosed in your packet is a copy of the Weapons Ordinance that was adopted this year by the City of Circle Pines. The Circle Pines Ordinance also defines other weapons of less than mass destruction. I would recommend adopting the same Ordinance to have consistency within the Cities for the enforcement by the police department. ORDINANCE NUMBER 5 AN ORDINANCE TO PROTECT AND PRESERVE THE PUBLIC'S SAFETY BY REGULATING THE DISCHARGE OF FIRE ARMS WITHIN THE VILLAGE OF CENTERVILLE AND PROVIDING A PENALTY FOR VIOLATION THEREOF. THE VILLAGE COUNCIL OF CENTERVILLE, MINNESOTA DO ORDAIN AS FOLLOWS: SECTION 1: It shall be unlawful to shoot, fire off, discharge or explode any gun, pistol, revolver, or other firearm or device which ejects a projectile, upon or onto: Any road, street, avenue, sidewalk or other public place in this village. SECTION 2: It shall be unlawful to shoot, fire off, discharge or explode any single ball ammunition in the Village except upon ranges permitted by the Village Council. SECTION 3: It shall be unlawful to own or operate a rifle or shooting range in this Village unless a permit therefore be issued by the Village Council. The fee for such permit shall be $15.00 and said fee shall be paid to the Clerk prior to issuance thereof. SECTION 4: Nothing herein contained shall prohibit the use of firearms: a) by duly authorized policemen or law enforcement officers, b) by persons engaged in the lawful defense of person, persons, or property. SECTION 5: Any person, firm or corporation violating any provision of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding three hundred dollars ($300.00) or by imprisonment not to exceed ninety (90) days. SECTION 6: This ordinance shall be in effect from and after its passage and publication according to law. Passed by the Village Council this 10th day of October, 1973. WALTER PRACHER, MAYOR ATTEST: LU MARCELLO, CLERK APPROVED CITY OF CENTERVILLE CITY COUNCIL MEETING WEDNESDAY, JUNE 24, 1998 Pursuant to due call and notice thereof the City Council of the City of Centerville held its regularly scheduled Council meeting on Wednesday, June 24, 1998, at City Hall, 1880 Main Street. PRESENT: Mayor Tom Wilharber Council Members: Theresa Brenner Mary Jo Helmbrecht Sanna Buckbee Laura Powers ABSENT: None STAFF /CONSULTANTS: Jim March, City Administrator Ry -Chel Gaustad, City Clerk David Nyberg, City Engineer *********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** CALL TO ORDER Mayor Wilharber called the Council meeting to order at 6:05 p.m. PUBLIC HEARING APPEARANCES Mr. Mike Ouigley - _Eagle Pass (Trail Issue) Mr. March commented Mr. Quigley is unable to attend the Council meeting. CONSIDERATION OF MINUTES Mav 20. 1998 Sneciai Meeting Minutes Councilmember Brenner moved and it was seconded to approve the May 20 1998 Special Meeting Minutes. Brenner ave. Powers aye. Helmbrecht ave. Wilharber - Buckbee abstained. Motion carried. 1 June 10, 1998 Council Meeting_Minutes Co , c'lm ber : c b-e toyed an• i .s ec• • -• to as sr. e th- J se 10 1998 . _ncil meeting minutes. Buckbee aye. Brenner aye Wilharber aye, Helmbrecht - Powers abstained. Motion carried PAYMENT OF CLAIMS The City of ,enterville June 11 -24, 1998 Councilmember Helmbrecht moved and it was seconded to approve the payment of claims for June 11, - 24 1998. Motion carried unanimously. Partial Pay Estimate #1 for 20th Avenue oun ilmember elmbr-cht moves d it wa e onded • • •.rov- . ial .a - timate #1 for ',38466.45 as .erH R. Gr-e .-tter • in•ent sin R .teen •d.r - in. th- fence 20th Avenue Motion carried unanimously SET AGENDA Eagle Pass Road Update City Attorney Senior Housing Update Tri- Cities Police Department Administrators Annual Review Councilmember Buckbee moved and it was seconded to appnve the set aaeenda Motion carried unanimously. PETITIONS AND COMPLAINTS A Letter from Resident Mr. March shared a letter the city received from a resident regarding mailbox maintenance. The resident requested the city maintain group mailboxes after installation. Currently, surrounding property owners are required to maintain the mailbox unit after installation. The Council discussed how involved the placement and maintenance of mailboxes could be for the City. The post office suggests communities install group mailboxes, however, it is not mandatory. Councilmember Buckbee commented, for the $25.00 cost of installation, the city should ensure the mailbox stand is structurally sound. Mayor Wilharber suggested the city explore the cost for the newer aluminum mailbox stands. Mr. March commented public works suggested staying away from maintaining the stands. The Council requested Staff research maintaining mailboxes, and to inform the citizen the City is looking into the request and then report back to the Council. 2 UNFINISHED BUSINESS Eagle Pass Road Update Mr. Nyberg gave an update on Eagle Pass Roads construction and drainage. The engineer plans to address additional drainage concerns this fall. In addition, Mr. Nyberg said before the second lift is constructed, the road will be properly repaired. The Council questioned the engineer about procedures and the time line to correct Eagle Pass Roads. The Council discussed testing methods and new testing developments. Eagle Pass Trail Mr. March reported the Eagle Pass Developers requested the Council consider exchanging a portion of the Eagle Pass trail for a cash settlement of $9,000. Mr. Nyberg said, currently, an 8' bituminous trail is proposed north of Dupre Road and south of Eagle Trail. However, the Developers have received considerable opposition to constructing the trail near the Dupre Road homes. In addition, the trail area is within the jurisdiction of an association. Therefore, the association will be responsible for maintaining the trail. Several new property owners requested the trail not be constructed. Councilmember Helmbrecht planned to look at the trail area that is in question. Councilmember Brenner asked that the Park and Recreation Committee review the proposal at its next meeting. Mayor Wilharber addressed several items for consideration in regards to constructing the trail. Foremost, the pond can be an attraction to children and the community might have potential liability concerns. And, does the City comprehensive park plan include this section of the trail. Mr. March addressed another issue with the Elementary watermain construction and its assessments. Evidently, the watermain assessment notices for the tree farm (Eagle Pass Development Area) was sent to an inactive property identification number. Therefore, the Eagle Pass Developers did not receive nor pay the $58,000 assessment. However, Mr. Quigley (Eagle Pass Developer) is willing to pay the assessed amount but he requested the city to waive the interest. Mr. March noted another option is to assess the outstanding balance to Eagle Pass (Phase II) outlot A. Councilmember Brenner moved and it was seconded to refer the • le Pass Trail to Parks and ecreati n for recommendation at the next Council meeting. Motion carried unanimously. Councilmember Helmbrecht commented the interest on $58,000 is a significant amount. The Council's consensus is to have Staff investigate payment options and report their findings to the Council. NSP Franchise Agreement Mr. John Wertish (Community Service Manager), Ms. Marty Tierney (Sales Representative), Mr. Juan Galloway (Sales Representative), and Ms. Kristin Schnvdt (Director of Gas/Marking & 3 Sales) were in attendance to give a presentation to request authorization to install NSP (Northern States Power) gas /electric lines. Mr. Wertish said Mr. Gerald Rehbein and Mr. Rick Carlson requested NSP to service their developments and then offered a thumbnail sketch of the proposed lines along 20th Avenue and Centerville Road. Furthermore, it is NSP's hope to provide customers with the choice of service. In any case, the existing lines are east of 35E, south of the movie theater and west of County Road J. The Council noted the city presently is serviced by Minnegasco. Also, neither the City Engineer nor the Public Works Director foresee the benefit two gas companies will provide the city. Mayor Wilharber inquired about franchise fees. Mr. Wertish replied NSP would like to be competitive with Minnegasco's rates and franchise fees would take them out of contention. Councilmember Buckbee questioned why Mr. Rehbein and Mr. Carlson requested NSP to serve the industrial area and the Parkview development. Ms. Tierney explained NSP offers different programs than does Minnegasco. NSP offers dual lines which are on both sides of the street, and winter construction options for developers. Mr. Wertish commented NSP would provide a benefit to the city by way of paying property tax on the lines within the right -of -way. The Council questioned NSP representatives about responding to a gas leak complaint and the confusion two servers present when responding. Councilmember Powers was mindful of competition but emphasized the safety factors. The following major points emerged from the Council's analysis of the request. In sum, the safety factor, the competence of Minnegasco, and that there is no benefit for the city. Mr. Wertish explained the reasoning for deregulation was to allow property owners their choice of service with the option to choose, such as, Mr. Carlson's and Mr. Rehbein's request to utilize NSP. Ms. Schmidt spoke on behalf of NSP and Minnegasco, as she explained their procedures when responding to a gas leak complaint. Foremost, whichever company responds to a gas leak complaint, the first thing both companies will do is to mitigate the situation regardless of whose gas line it belongs to. Then identify the owner of the gas line and precede as needed_ savor Wilharber moved and it was seconded to dew the NSP service franchise into Centerville Motion carried unanimously. NEW BUSINESS Local Performance Aid (LPAI Mr. March briefed the Council on the state program "Local Performance Aid" and its qualifying factors. In fact, there are several ways Centerville can qualify for the funds. Accordingly, the City will receive approximately $3,000 for complying with the state regulations. Mr. March recommended the Council approve the LPA application. 4 Councilmember Powers questioned Staff on the pro's and con's of making this application. Mr. March replied each city will receive funds based on how many communities participate in the program. The main benefit is in the amount of money the city receives. Councilmember Powers asked if the financial benefit is absorbed into the cost of conducting the program. Mr. March felt the financial benefit will outweigh the administrative cost. Councilmember Brenner moved and it was seconded to direct Staff to apply for LPA for 1999. Motion carried unanimously, Attorney Services Councilmember Helmbrecht addressed the Council and suggested the City evaluate the Attorney services provided to the City. Mr. March suggested the City hold all consultants accountable. Councilmember Buckbee suggested the incoming Council members be involved with the selection process. Councilmember Helmbrecht expressed concern with waiting as it may cost the city more money. Mr. March suggested completing the process now instead of later. Councilmember Brenner suggested Staff research contracting with another firm and then report the findings to the Council. Councilmember Powers felt it is a good practice to set up an annual or biannual evaluation of all consultants the City uses. However, performing annual reviews may be too taxing on the Staff, and then Councilmember Powers suggested the City set up performance review increments for all consultants. ouncilme Helmbrech moved an d it was seconded to request Mr. March to begin researching for potential City Attorneys Motion carried unanimously COMMITTEE REPORTS Chauncey Barett Senior Housing Facility Councilmember Brenner reported on the Chauncey Barett senior housing facilities rental status. To date, the City has fifteen signed lease agreements which leaves one unit available. Tri- Cities Police Department Mayor Wilharber reported a Tri- Cities Police Department meeting is scheduled for Monday, June 29, 1998 at 7:00 p.m. The City of Centerville is hosting this meeting at City Hall. City Administrators Annual Review Mayor Wilharber announced, the Council completed the Administrator's performance review. Mayor Wilharber moved and it was seconded to renew the Administrator's contract another year and to move the position to a grade 10, step 6. retroactive to Mav 20. 1998 with an additional $3000 performance bonus. Mr. March shared that he and his family enjoys the community and his job. 5 ADMINISTRATORS REPORT Flashing Lights for the Elementary School Mr. March reported he spoke to Mr. Mike Hughes and Ms. Margaret Langfeld in regards to the traffic lights at the elementary school. The County plans to meet with a consulting engineer July 1, and they plan to engineer the project. The County indicated that they will insure the lights are installed before school opens this fall. An Auction at LaMotte's Store Mr. March commented LaMotte's have requested permission to close off Centerville Road to the north of Main Street for an auction on Sunday, June 28, 1998. The Circle Pines - Lexington Police Department will provide the barricades and the interim police chief has been contacted. .uncilme ber -1# br-ch mot-. and it wa e •n.ed is . r 'rove closin• Ce ervill- R... north of Main Street for the auction on Sunday. June 28, 1998. Motion carried unanimously. Minn_ i aDe., entofN, r,IR• ourc• - nSafe% lasse Mr. March reported gun safety classes will be conducted at City Hall on Thursday evenings from July 16, through August 13, 1998. Mr. March mentioned there is a conflicting date of August 6, however, the classes will be held at another location that evening. Councilmember Buckbee moved and it was seconded to approve the MN DNR to hold gun safety classes in the council chambers at City Hall Motion carried unanimously Turtleman Triathalon Mr, March explained the Turtleman Triathalon is scheduled for August 15, 1998. The City has received a certificate of insurance which lists the City as an additional insured. AWAIR Mayor Wilharber received notice of a hands -on training sponsored by AWAIR. Archery Deer Hunting Mayor Wilharber reported the Anoka County Board of Commissioners adopted Resolution #97- 78, Relating to the issuance of A Permit for Archery Deer Hunting in Designated Areas of the Rice Creek Chain of Lakes Regional Park Reserve. Moreover, should any resident have questions regarding this matter, please contact Anoka County Parks and Recreation at 767 -2860. The Council requested Staff place the information in the summer newsletter. National N�ht Out Mayor Wilharber announced Tuesday, August 4, 1998 is designated as National Night Out. Mayor Wilharber stated he would like to have citizens come out and visit the Neighborhood Crime Watch Groups and to show support in fighting crime. 6 CONSENT AGENDA Final Street Name List Ms. Gaustad commented the Fire and Police Chief reviewed the list and made recommendations which are reflected in the final street name list. Councilmember Helmbrecht moved and it was seconded to approve the consent 8genda Helmbrecht aye, Brenner aye. Wilharher aye. Buckbee aye, Powers abstained, Motion carried. Councilmember Powers inquired about the 20th Avenue and Main Street intersection pedestrian crosswalk. Mr. March replied he will send a letter to Anoka County. ADJOURNMENT Councilmember Helmbrecht moved and it was seconded to adjourn the June 24. 1998 Council meeting Motion carried unanimously. The City Council meeting adjourned at 8:00 p.m. Respectfully Submitted, S tS L Ry- hel Gaustad, CMC City Clerk 7 CITY OF CENTERVILLE CITY COUNCIL MEETING APPR JULY 8, 1998 Pursuant to due call and notice thereof, the City Council of the City of Centerville held its regularly scheduled Council meeting on Wednesday, July 8, 1998, at City Hall, 1880 Main Street. Mayor Wilharber opened the meeting at 6:00 p.m. Mayor Wilharber performed the bid opening for a central air unit and the removal and possession of a garage. Central Air Unit Bid Amount Bidder $ 55.00 John and Laura Salin 1716 Heritage Street Removal and possession of a garage located at 7024 Centerville Road. Bid Amount Bidder $527.00 Able - Building Movers Inc. PRESENT: Mayor Tom Wilharber Council Members: Theresa Brenner Laura Powers ABSENT: Council Members: Mary Jo Helmbrecht Saturn Buckbee STAFF /CONSULTANTS: Jim March, City Administrator Ry -Chel Gaustad, City Clerk David Nyberg, City Engineer ***********■*****************■***************** * * * * * ** * * * ** * * *** * ** * ** * * *** * ** PUBLIC HEARING (S) APPEARANCES Mr. Mike Ouiglev - Eagle Pass - Trail Issue Mr. Quigley addressed and requested the Council to consider omitting a section of a trail in Eagle Pass. The section of trail is located between Dupre Street and Eagle Trail. To begin with, he explained the new property owners voiced their desire to eliminate the trail that encroached on their property. Therefore, Mr. Quigley proposed to reimburse the City to remove this section of trail. Mr. Quigley mentioned that approximately $3000 has been invested for the trail site preparation and another $1000 will be needed to be spent to remove what is constructed. For this reason the Eagle Pass Developer requested to replace the trail with a cash payment of $5000. 1 Councilmember Brenner questioned Staff about the recommendation from the Park and Recreation Committee. Mr. March reported their recommendation is to omit the trail in lieu of a cash settlement. Mayor Wilharber clarified another trail will connect Brian Drive to the Eagle Pass Development. gl ment. P Councilmember Powers confirmed sidewalk is constructed along Dupre Road in the development. Councilmember Brenner felt comfortable with the Park and Recreation recommendation and suggested a cash payment of $7000. Mayor Wilharber believed by removing the trail the City may eliminate future problems with this section of the trail leading to the pond and attracting children. Councilmember Powers was disappointed the City spent time developing a trail vision and then now the vision is proposed to be amended. Mr. March said the Councils wishes are sound. However, he felt the watermain assessment and the trail issue should coincide with each other. Mr. Quigley stated the Eagle Pass Developers only received a pending assessment notice but no further notice nor statements were received. Mayor Wilharber confirmed the assessment cost is approximately $58,200. Councilmember Brenner noted in the legal councils opinion the developer should not be required to pay all existing interest. Mr. Quigley commented the city granted a $20,000 credit for oversizing against the assessment. Councilmember Brenner commented the legal council stated the first year of interest can be excused. Mr. March felt the developer incurred a debt and should be responsible for paying the debt and interest. Councilmember Powers suggested the developer pay the principal amount. Mr. March recommended the City request $9000 for eliminating the trail. Mr. Quigley recalled the developers committed to exceed the City expectation when preparing to develop the park. Councilmember Powers moved to accept a $7000 cash payment in lieu of the trail section. Mo tion seconded by Councilmember Brenner. Motion carried unanimously Councilmember Powers moved to allow the Eagle Pass Developer to pay the original assessment of $58,200 minus over sizing fees plus a $500 good faith gesture towards interest. Motion died for a lack of a second. Councilmember Brenner moved to allow the Eagle Pass Developer to pay $58,000 plus $6000 interested accrued. Motion died for a lack of a second. Mayor Wilharber moved to allow the Eagle Pass Developer to pay the assessment placed on the inactive property identification number with no interest. Motion died for a lack of a second. Councilmember Powers moved to allow the Eagle Pass Developer to pay $58.000 plus half of the interest accrued. Motion seconded by Councilmember Brenner. Motion carried unanimously. 2 Circle Piney Lexington Police Department (CPLPD) Update Officer Jensen gave a presentation on a new portable defibrillator. The defibrillator was acquired due to an American Legion grant for $5,500. The primary squad car will carry the defibrillator. Officer Jensen reported the police department realized yellow street paint should be reapplied to assist the "no parking" signs near the intersection of Main Street and Centerville Road. CONSIDERATION OF MINUTES June 24. 1998 Council Meeting Minutes Councilmember Powers moved to approve the June 24. 1998 Council meeting minutes with corrections Councilmember Brenner seconded the motion Motion carried unanimously PAYMENT OF CLAIMS The City of Centerville June 25- 30 Councilmember Powers moved to approve the payment of claims for the city of Centerville. Councilmember Brenner seconded the motion. Motion carried unanimously. The City of Centerville July 1 - 8 Councilmember Powers moved to approve the payment of claims for the city of Centerville. Councilmember Brenner seconded the motion. Motion carried unanimously. Centennial Fire District July 3. 1998 Councilmember Powers moved to approve the July 3. 1998 Centennial Fire District claims. ouncilmember Brenn seconded th- motion. Motion carried unanim•usl . SET AGENDA County Road 14 & 20th Letter to Anoka County LaMotte Park Update Monica & Dick Travis Councilmember Powers moved to ace-. the set ao-nda. Councilmember Brenner seconded the motion. Motion carried unanimously. PETITIONS AND COMPLAINTS Dan Saxton - Ordinance #4 Outbuildings Ms. Denise Saxton (1949 73rd Street) was present to discuss ordinance #4 Outbuildings. Ms. Saxton requested the Council consider amending or to rewrite ordinance #4 to eliminate citizens constructing 17' high structures and placing it next to a property line. Mayor Wilharber questioned Staff if a building permit was issued from the City, and if the building and set backs 3 are in compliance with ordinance #4. Staff confirmed the structure and placement were approved by the City and it was in compliance. Ms. Saxton noted the structure may hinder the resale of their home. On anther note, Mayor Wilharber commented the current ordinance does not allow a building permit to expire if work is progressing. Furthermore, the ordinance should be amended to eliminate the clause that allows residents not to complete projects within a time line. Mayor Wilharber moved to direct the Planning and Zoning Commission to look at the ordinance regarding the building permit time line and to establish an expiration for buildin2 Hermits Motion seconded by Councilmember Powers. Motion carried unanimously Councilmember Brenner moved to direct Staffto have this issue brought forth to the Planning and Zoning Commission. Motion seconded by Councilmember Powers. Motion carried unanimously. Dick & Monica Travis - The Woods of Clearwater Creek Update Mr. Nyberg gave a brief overview of the Travis' rezone request from RI rural residential to R5 executive residential for property north of Center Hills Development. Moreover, the Travis family plans to appear before the Council on July 22, for rezone approval. If the Council approves the rezone request, the Travis' will appear before the Planning Commission in August for preliminary plat approval. Following, the Travis' will present their request for preliminary plat approval before the Council. The Travis' are seeking a building permit to begin constructing their home. Councilmember Brenner questioned the engineer about the wetland issues and Rice Creek Watershed Districts (RCWD) comments. Mr. Travis stated they are scheduled to appear on RCWD agenda. However, RCWD Staff confirmed the request is reasonable and they did not foresee delays. Mr. March explained the Travis' will need to obtain an emergency vehicle access variance from the City, if they plan to begin building on the northern lot prior to the installation of roads and utilities. Councilmember Powers emphasized the desire to preserve the trees in all proposed development. Ms. Travis responded a few trees will be relocated to construct the road. The proposed building sites are absent of trees. In addition, the majority of trees will not be affected. Mayor Wilharber questioned the Travis' intentions in regards to park dedication. Mr. Travis replied they planned to provide a trail access to the park and to dedicate funds in place of park land. Mayor Wilharber addressed the need to provide an easement to the park. The Council discussed wetland restrictions and options in regards to the issuance of a building permit. UNFINISHED BUSINESS 4 20th an421st Avenue Update Mr. Nyberg initiated the 20th and 21st Avenue update conversation. Mr. Nyberg gave an overview of a proposed preliminary plat request for the Lake Area Utilities property. Also, Mr. Nyberg recalled the Council awarded the 20th Avenue project contingent upon the property owner of Lake Area Utility granting an easement for the forcemain in order to save the row of trees on the north side of the property. Mr. Willy Lessard (Lake Area Utility) noted he granted the City a ten (10) foot forcemain easement. However, after surveying the property the additional forcemain easement will not eliminate the destruction of the row of trees. Furthermore, the 20th Avenue utility construction is underway. In order to install the forcemain from 20th Avenue to Brian Drive, an additional easement will need to be obtained from Mr. Lessard. If the additional easement is not obtained, the row of trees will need to be removed. Mr. Lessard explained the proposed Center Villa (7005 20th Avenue) preliminary plat request and stated the issue is scheduled to be addressed by the Planning Commission on August 4. The proposed plat consists of a blend of residential and commercial structures. The proposed residential area includes eleven building sites with an approximate lot area of 18,000 square feet. The proposed commercial plat is divided into six (6) campus -like parcels situated on a cul -de -sac. Mr. Lessard explained during the July 7, Planning and Zoning meeting he requested a rezone on a particular section of the current parcel. The Planning Commission made recommendation to the Council for rezone approval, despite public opposition. Mr. Lessard touched upon the citizens concerns voiced at the Planning meeting and that several issues have been addressed. One concem was connecting the residential street (Brian Drive) with a commercial street. Mr. Lessard proposed to separate the two roads so that they do not connect. Thus, eliminating potentially increased traffic. Also, the property is currently zoned R3, which could include high density, ie. town homes, apartment complexes'. The B1 commercial zone and businesses may be more compatable with abutting properties. Councilmember Brenner stated the proposal is consistent with the comprehensive plan and favored the proposed development. Mr. Nyberg discussed the City will have two options if the rezone or preliminary plat is denied. Foremost, the city may delay the 20th Avenue project to work with the property owner in order to install the forcemain without destroying the row of trees. Another option is to remove the row trees and install the forcemain. Councilmember Brenner noted, the City has contributed funds to encourage business to come into Centerville. The City always had the concept of having businesses in the area proposed. Councilmember Brenner commented the City can work with the surrounding property owners in regards to creating a buffer in the commercial area utilizing landscaping. Mayor Wilharber confirmed the commercial lot sizes for each of the six (6) proposed lots; Outlot A 142,487 square feet (3.27 acres), Outlot B 160,344 square feet (3.68 acres), lot 3, 78,206 square feet (1.80 Acres), and lot 4, 108,943 square feet (2.50 acres). 5 Etoperty Owner Petition Mr. Nyberg reported the city received a letter from Mr. Gerald Rehbein, dated June 30, 1998 requesting the City to consider a deletion of a watermain service stub to the property along 20th Avenue in Centerville, recently owned by Mr. Herman Strehlow. Mayor Wilharber foresees the properties on the west side will be serviced by the City of Lino Lakes. However, the property on the east side which abuts 20th Avenue is low land and may be used for ponding. Mr. Rehbein confirmed the Mayor's observations and requested the service on 20th be removed from the utility plans. Mr. Nyberg commented the assessments have not been delineated and can be adjusted as per the Council's direction. Counc ilmember Brenner moved to delete the water stub to the Strehlow property contingen upon the attorneys approval. Councilmember Powers amended the motion then seconded it to include the assessment for water and sewer remains the same. Moti carri unan imousl y, 21st Avenue Road Construction Proposal Mr. Nyberg addressed a proposal the city received from Arnt Construction Company Inc. to construct a road on 21st Avenue. The estimate presented included work for 400 linear feet of road 15' wide, the core excavation, two feet select granular borrow, 8" class 5 recycled base and 2" of a bituminous base course at the Lump sum of $19,350. The estimate did not include any soil borings or construction staking. The curb and gutter would cost an additional $3,100. Mr. Nyberg commented the estimate was reasonable. Mr. Nyberg recommended the City consider the proposal since it is inevitable the gravel road will be paved one day. Mr. Nyberg also noted the three Centerville businesses have approached the City asking when their side of the road will be paved. Mr. Jim Kozar (Owner of ADL) stressed the desire to have a maintained road available to his clientele and questioned the city why Mr. Rehbein has the authority to do half the road and destroy the Centerville road side. The Council discussed having a workshop with the City of Lino Lakes Council to discuss the construction of 21st Avenue. The Council shared the 21st Avenue road condition concerns with the business owners. Mayor Wilharber agreed with Mr. Nyberg's comment that the City may spend some money now to construct a section of the road and eventually spend more money later to get the job done right. Mr. Kozar requested the City work with the city of Lino Lake's and present road construction options to the Centerville businesses. Mayor Wilharber moved to direct Staff to coordinate a meetine with the engineer and the business owners on the sides of 21st Avenue and send a letter to Lino Lakes to set up a workshop to assist in the construction of 21s A v en ue. Counci Brenner seconded the motion. Motion carried unanimously_ 6 Mayor Wilharber moved to deny the request fr Arnt Construction to pave 21st Avenue. Councilmember Powers seconded the motion. Motion carried unanimously_ County Road 14 & 20 Letter to the County Mayor Wilharber read aloud a letter executed from the city administrator to Anoka County Highway Department in regards to the safety at the intersection of 20th and County Road 14, LaMotte Park Update Mr. Nyberg updated the Council on the LaMotte Park development. Mr. Nyberg continued, the City purchased a section of LaMotte Park on a contract for deed and all parties are financially satisfied. However, the final paper work has not been filed at the County. In order to continue on the park construction, the City should ensure the necessary paper work is completed. Mayor Wilharber m oved to direct City Staff to work on the LaMotte estate to clean up thi situation. Councilmember Brenner seconded the motion. Moti carri unanim NEW BUSINESS Fete des Lac -Noise Perm (Fi Street Dance Mayor Wilharber reiterated the Centerville Lion's are officially requesting a noise permit in conjunction with the City celebration on July 31, and August 1. The events to be covered will include the parade, kid's day, fireworks and street dance. Councilmember Powers moved to authorize a noise permit for the Centerville Lion's on Friday and Saturday until midnight. Councilmember Brenner seconded the motion. Motion carried unanimouslt. Bids for the Removal and Acceptance of the Garage and Central Air Unit at 7024 Centerville Road. Mayor Wilharber readdressed the proposed bids for the garage and central air unit. Mayor Wilharber suggested instead of accepting the garage bid, to move the garage onto the public works property and perhaps invest funds for cement foundation until the new public works/ building inspection building is constructed. Also, the garage could serve as a Centerville location for a police car stall. Councilmember Brenner moved to accept the bid for $55. for the central air unit. Mayor Wilharber seconded the motion. Motion carried unanimously_ Mayor Wilharber moved to deny the bid for the garage and to look at the garage for use by the C ity's Public Work department Councilmember Brenner seconded the motion Moti carried unanimously_ COMMITTEE REPORTS 7 • Police Commission Mayor Wilharber reported the Circle -Pines Lexington Police Commission has a meeting on Thursday, July 9, 1998 and he thanked Councilmember Powers for providing cookies at the last Commission meeting. ADMINISTRATORS REPORT Mr. March reported the City received a letter from Acting Police Chief Heckman inviting the Council to an Emergency Response/Tri-City Disaster Training. Also, the Council was invited to attend the Housing Needs & Priorities Forum sponsored by the Anoka County H.R.A. on Wednesday, July 29, 1998 at Bunker Hills Activity Center from 6 -9:00 p.m.. Mr. March noted the Planning Commission requested a joint meeting with the Council to discuss the shoreland ordinance and other issues. Mr. March added the city should discuss the 1999 budget and the Police Department merge. The Council selected Wednesday, July 29, at 5:00 p.m. for the joint meeting between the Council and the Planning Commission. CONSENT AGENDA 1. Annual Step Increase - Grade 5, Step 3 - Building Inspector Effective July 8, 1998 - Ken Cook. 2. Satisfactory Completion of Probationary Period for Public Works Maintenance Worker - Robert Westerlund. 3. The Newsletter Councilmember Powers moved to approve the consent agenda. Councilmemher Brenner seconded the motion. Motion carried unanimously. ADJOURNMENT Councilmemher Powers moved to adjourn the Council meeting. Councilmemher Brenner seconded the motion. Motion carried unanimously. The July 8, 1998 Council meeting adjourned at 8:55 p.m. Respectfully Submitted, Ry -Chel Gaustad, CMC City Clerk 8