HomeMy WebLinkAbout 1998-10 Packet 09/21/96 1 6 : 1 8 FAX 612 568 2101 S P W U E N G R M @a 01
September 21, 1998
Ry -Chel Gaustad
City Clerk
City of Centerville
Dear Ry-Chel
Subject: 1563 Peltier L:ke Drive
Regarding the issue of the homeowner at the above address constructing a shed near the lake, the
Water Utility checked i s property line location in this area. The proposed shed is on the
homeowners property. In a previous letter to you I stated that it appeared that this shed may be
on Saint Paul Water Ut lity property. It is not.
If you have any questions please call me at 558 -2104,
Sincerely,
David Wagner
Assistant Production Manager
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
Official
CALL TO ORDER
Chair Kathy Welk called the meeting to order at 7:05 p.m.
PUBLIC HEARING (S)
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 P LA IN
MANAGEMENT ORDINANCE. SECTION 7.0 SUBDIVISIONS states, "No land
shah be subdivided which is held unsuitable by City Council £or
r-. • 4f •••• • .1■• - • . •._. W. . - _.f •_ -w.•-
treatment facilities. All lost within the flood plain districts
shah contain a buildingsite at or above the Regulatory Flood
1
Protection Elev ation All subdivisions shall have water and
sP_ w ,age disposal f acil ;ties that comply with the_provis;ons of
this ordinance and have road access both to the subdivision and
to the individual building sites no lower tha one foot below the
R -. 1. .r 1... Pr. - '.n ley. 1. ."
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
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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.
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Public Hearing closed at 7:42 p.m.
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 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)
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•
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 seconded to recommend to the Council
not to approve the rezone and vacation of property request for
reasons of rezoning_and to wait for the downtown revitalization
committee report Motion carried unanimously
Ms. Brossard- Vickers moved and it 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 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.
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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.
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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 r orde to r gathe more infrm
oation and reconsi
to der the
request. Motion carried unanimously,
Action on the MUSA Swap
Mr. Buckbee moved to approve the MUSA swap reques and to
•
•
recommend to the City Council. Chair Welk second the motion.
Lotion 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
ruest as requested due to the current ADA non- conformance.
Also, recommended the trash containers are enclosed. Motion
carried unanimously. .
Ordinance 44 A
Chair Welk moved and it was seconded to table ordinance 44A until
the June Commission meeting. Motion carried unanimously.
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 poli.cal skins.
Uniform Housing Code
Ms. Broussard - Vickers mo and i t was seconded to table age
i em niform ho r, iD_g od �n it t m ommi Sion m e ing.
Motion carried unani m o usly.
Adjournment
Chair Khy
at Welk moved and it was seconded to adjourn e a
th My 5
1998 Plahning and Zoning o mt ton m eting Motion carried
unanimously.
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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 COMNIISSION
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 R
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.
hvIr. 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.
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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 (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.
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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 7:45 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 Ternunal Transport Special Use Permit public hearing Ms
Broussard- Vickers seconded the motion Motion carried unanimo
Continuation of Ordinance #44A - Building Construction
Chair Welk read aloud ordinance #44A - building construction and its proposed amendments.
Ms. Broussard - Vickers moved to close the Ordinance #44A - Buildine Construction publi
hearing. Mr. Buckbee seconded the motion. Motion carried unanimously.
Continuation of Joyce Stevens (Greene) Lot Split Request
Ms Broussard - Vickers moved to close the Joyce Stevens (Greene) lot s lit 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 th sup continge u t he dr con be
addressed and no operat take place at the site until utilities are available Also that there i
n o access fr om this building to Cedar Street in the future_ and the Commission approves the site
ela as submitted, contingent unon the City Engineer's approval Mr Buckbee seconded the
motion. Motion carried unanimousl
Dick Travis - Sketch Plan for Moore Properties (7305 &735$ 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
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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 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. Buckbee moved to recommend to the Council the property be developed as an R5 zoning
district. Ms. Brossard- Vickers seconded the motion. Motion carried unanimously.
Hu nik Hime - ketch PI for 'r • North of Main tre t
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.
r• Wat o - St rfir• G a- is scant trite t o t of .' eTr ckin
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. 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. Pain 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 move t r to the Council that the Planning and Zoning Commission
recommend Starfire Gyrnnastics be permitted within the uses of that distri ct and t they ma
proceed without a public hearing for a s ecial use permit. Motion seconded by Ms. Broussard -
Vickers Motion carried unanimo
Ms. Broussard- Vickers moved to recommend the preliminary sketch plan is approved with special
attention to landscaping (to mitigat the west side of t he properly) and s nested the engineer
work with the drainage issue Motion seconded by Mr Buckb Motion carried unanimously
Action o n 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 Plannin
Commission mee ing and to direct staff to r no ify the surro ing property ow ners the issues
will be revisited. Motion ,seconded by Ms. Broussard- Vickers, Motion carried unanimously.
Actio of Ste (Greene' L relit Reques
Mr. March briefed the Commission on flood plain regulations pertaining to Stevens lot split
request. Mr. March discussed City ordinance 433 - 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.
Ms. Broussard- Vickers moved to deny the lot split based . n the facts presented by the Building
Official that the City cannot grant a variance to the state laws. Also. advise the ptiapiay owner to
.991 for : 1- er of ma. revision from A i or_er to r- ewes . lot slit i the tur-.
Mo ion s-c.nd-d . . . :uc .ee eti. .rri-d u .im. 1 .
Mr $uckbee moved to table everything remaining on the agenda Ms Broussard - Vickers
seconeee e otion Motion ar i-d n..'. o 1 .
Mr Buckbee .v -d o ae'o n e une 998 Pl. . ! onin e- in'. Ms. :r suss. rd-
V'ck-rs secon.e. th- otion. Mot'. .rri•. n.nim. 1 - .
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
MEETING
SEPTEMBER 1, 1998
Pursuant to due call and notice thereof, the Planning and Zoning Commission of the City of
Centerville held its regularly scheduled meeting at City Hall, 1880 Main Street.
PRESENT: Chairwoman Kathy Welk
Commission Members:
Al LaMotte
Linda Broussard - Vickers
ABSENT: Commission member John Buckbee
STAFF /CONSULTANTS: Jim March, City Administrator
Ry -Chel Gaustad, City Clerk
Tom Peterson, Consulting Engineer
*********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
OPENING
Roll Call
PUBLIC HEARING (S)
Preliminary Plat Consideration for Mound Trail (Carl Buechler
Mr. Carl Buechler was present to discuss the proposed Buechler Estates preliminary plat and to
request the Commissions approval. He also planned to independently finance the utilities and to
pay park funds in place of park dedicated property.
Ms. Peterson noted the city plans to install utilities along the southeast property boundaries and he
suggested the developer provide a 20 -foot wide utility easement along the sanitary sewer, east of
the plat. A 20 -foot easement should be provided for the entire length of the easement, not a 10-
foot easement. The easement will allow the city to maintenance and repair the lines. He also
commented a tree may need to be removed to install the proposed utilities.
Mr. Joe Holiday (1295 Mound Trail) noted the willow tree is located on his property and felt no
concern to remove the tree.
Ms. Cathy Holiday (1295 Mound Trail) voiced concern pertaining to the developer ensuring the
1
proper drainage. Also, the Holiday property is adjacent to Lot 1, of the proposed development.
Mr. Buechler commented the drainage has been addressed and will not affect the property at 1295
Mound Trail. Mr. Peterson stressed the bad soils in the area and suggested soil borings on each
lot and prior to building permit approval.
Ms. Broussard- Vickers noted a potential concern with draining from lot 5 onto lot 4, and she
noted item #5 of the Public Works Directors/Building Officials comments.
#5. "The proposed drainage swale in the roadway ditch doesn't meet with the City's
requirements of a 1% minimum grade."
Mr. Peterson suggested a drainage swale between lot 5 and west of the existing lots.
Mr. Rod Holhizer (7193Mound Trail) questioned the Developer about the slope between lot 5
and his lot and hoped that no future drainage problems would occur.
Mr. Lloyd Drilling (7185 Mound Trail) addressed and questioned the Commission in regards to
the Mound Trail and its condition, who owns and maintains the road and who is responsible for
road repair. Furthermore, he confirmed an RCWD permit is required and that a Saint Paul
Utilities (City of St. Paul) permit is not required.
Mr. Holhizer had a point of information considering this house is located in the City of Lino
Lakes, his mail box is in the City of Centerville and his mailing address is in the City of Hugo -
will the cities consider redesigning the corporate boundaries or annexing the last two lots on
Mound Trail.
Mr. LaMotte moved to close the ,ubli he. ina. Ms. Bro ssard- Vickers sec• de' the mot •n.
Motion carried unanimously.
Special Use Permit for Tim Peppenger - Operate an Auto Electrical Repair Shop
Mr. Tim Peppenger (7129 20th Avenue North) was present to request a special use permit
recommendation from the Planning and Zoning Commission to the Council0. Chair Welk
confirmed traffic and parking would not hinder the area businesses. She also confirmed the
business hours will be from 8:00 a.m. to 6:00 p.m. Mr. March confirmed Mr. Peppenger would
not have exterior storage and adequate parking was available.
Mr. LaMotte moved to close the public hearing. Ms. Broussard - Vickers seconded the motion.
Motion carried.
A variance - Road to be over 800' in Length with a Temporary Cut -de sac
Mr. Thomas Peterson (City Engineer) updated the Commission on the proposed variance. He
suggested the cul -de -sac be constructed at 60' (right -of -way) because the north property may not
afford a road to be constructed.
2
•
Ms. Broussard - Vickers suggested shortening the road from 960' to 800'. Mr. Peterson
commented, the road and cul -de -sac should be constructed to the north property line for future
construction.
Mr. LaMotte moved to close the public hearing. Ms. Broussard - Vickers seconded the motion.
Motion carried unanimously.
Amend Cable Ordinance #40
Chair Welk acknowledged the audience.
Ms. Broussard - Vickers moved to close the public hearing. Mr. LaMotte seconded the motion.
Motion carried unanimously.
A variance - Reconstruction of a shed at 1563 Peltier Lake Drive for Phippen
si s. Broussard-Vicker. moved to close the P .!en v. iance .ublic hearing. Mr. LaMotte
seconded the motion. Motion carried unanimously.
Rezone Property From RI to PUD (Planned Unit Development) For Rehbein
Chair Welk addressed the audience and requested comments in regards to the rezone request for
the property identified as the west 10 acre portion of 7305 & 7353 20th Avenue.
Mr. Rod Henslin (1967 73rd Street) was present to discuss the rezone request from RI to PUD.
He also said that the proposed development did not include grass, nor playground equipment
because of the blacktop requirements. Mr. Henslin requested the Commission to deny the request
based on a noncompliance of the R5 zoning requirements and since the developers lacked to
address the PUD items in Ordinance #4.
Mr. LaMotte moved to close the public hearing. Ms. Broussard- Vickers seconded the motion.
otion carried unanimously_
APPEARANCES
Willie Lessard - Sketch Plan for Lake Area Utilities - 6994 20th Avenue
Mr. Lessard (6994 20th Avenue) presented a sketch plan for the Lake Area Utilities property. He
also explained the proposed plan of 23 lots are in compliance with the R2 zoning requirements.
All the lots are a minimum, of 15,000 sq. ft. Mr. Lessard explained that all concerns express from
pass meetings have been addressed: lights, traffic the through road from Brain Drive to 20th
Avenue and a desire to have homes instead of townhomes /commercial, He also noted he
proposed to provide a trailway easement on the east side of 20th Avenue in exchange of park
dedicated land. Mr. Lessard requested the Commissions approval to pursue preliminary plat
consideration during the October Commission meeting. The Planning Commission suggested Mr.
Lessard attend the Park and Recreation meeting the following night.
3
•
ACTION ITEMS
Action on Planning and Zoning Candidate
Ms. Gaustad reported on behalf of Mr. Buckbee he chose Mr. Brian Hanson to fill the
Commission vacancy and secondly, Mr. Dick Travis as an alternate. Chair Welk agreed with Mr.
Buckbee. Mr. LaMotte elected Mr. Travis and second, Mr. Brian Hanson. Ms. Broussard -
Vickers questioned Mr. Travis if his position would cause a conflict of interest. Mr. Travis
commented the Woods development is near completion and will be finished. Second, Glenn
Rehbein Excavating seldom works in the Centerville area. Therefore, he did not foresee a conflict
of interest.
Ms. Broussard - Vickers moved to approve Mr. Brian Hanson and as an alternate Dick Travis.
Chair Welk seconded the motion. Motion carried unanimously.
Action on Preliminary Plat for Mound Trail (Buechler 1
Ms. Broussard- Vickers moved to reco end o the •until an .royal of the .reliminary .l.t
subject to the concerns of the City Engineer and Public Works Director with special attention to
the r... and t at the . , i ores-nted to the P.rk .n. • ecre, ion .mrni ion ,t i n-
scheduled meeting. Chair Welk seconded the motion. Motion carried unanimously.
A ion on S. eci: l e Perini for an uto Electrica Re. air Sh ,
Mr. LaMotte recommended the Council a. •rove the S. -cial se Pe 't re.uest for an Auto
Electrical Repair Shop at 7129 - 20th Avenue. Ms. Broussard- Vickers seconded the motion.
Motion carried unanimously.
Action on Variance Request for a Road Over 800' in Length with a Temporary Cul- de-sac
Ms. Broussard- Vickers moved to recommend to the Council approval of the variance request for
a road over 800' in length with a temporary c141-de-sac and the dimensions to meet with the city
engineer's approval. Mr. LaMotte seconded the motion. Motion carried unanimously,
Action on Variance to Reconstruct a Shed at 1563 Peltier Lake Drive
Ms, Gaustad updated the Commission on the variance requested to reconstruct a shed at 1563
Peltier Lake Drive. Ms. Gaustad suggested the Commission require the property owner to submit
to the City a certificate of survey noting the location of the cement slab. The Commission did not
take action.
Action on a Rezone Request from RI to PUD (Ger Rehbeinl
Ms. Brossard - Vickers moved to un ,.1 the Rezone re.uest an. to re -tabl h- r- 'u- t subject to
t - developer si•nin• . 60 -da rezone waiver form and that the rei.en duly noted sp ecific P 1
requirements. as outlined in the ordinance. is addressed. Chair Welk seconded the motion,
Motion carried unanimously.
4
DISCUSSION ITEMS
Reschedule November 3, Plannina and Zoning Meeting to November 10, 1998 - Tabled
Amend Ordinance #5 Discharge of Firearms - tabled
CONSIDERATION OF MINUTES
March 12. 1998 Planning and Zoning Meeting Minutes
Mr. LaMotte moved to accept the March 12 1998 Planning and Zoning Meeting minutes. Chair
Welk seconded the motion. Motion carried unanimously.
A. rl 7. 1998 Plannina . nd Zo ino Meetino Minutes
The Commission recognized no meeting was held on April 7, 1998.
Ma 5. 1998 Plannino a d Z1 in M etina inut•s - Tabled
Sun 2. 1998 Pia able and Zoning Meetino Minutes - Tabled
Juiv 77. 1998 Planning and Zoning Meeting Minutes
M .: r. . r. -Vi k -rs moved to acce. July 7 1998 ' lanni • and Zoning eetine minutes with
corrections. Mr. LaMotte seconded the motion, Motion carried unanimously.
Chair Welk noted the City's desire to implement the PUD requirements for the Rehbein property.
However, Mr. Rehbein will need to comply with Ordinance #4: Article 5 - Planned Unit
Developments. She also read aloud the above - mentioned ordinance.
Mr. Tom Kennedy (1983 73rd Street) and Mr. Tom Hauge (1994 73rd Street) opposed further
restricting, Ordinance #5 Discharge of Firearms. Chair Welk read aloud section 3 of ordinance
#5.
Ordinance #4 - Outbuildings - Saxton
Mr. Dan Saxton (1949 73rd Street) was present to discuss ordinance #4. Particularly, Section
34.06 -1 AMOUNT OF YARD OCCUPIED. In the R -2A R -2 and R -5 zoning d' tricts a
deta hed accesso building not over one sto and not exceeding fourt 14 f- - in he ma
occu.v not to exceed ten 10 .ercent s.uare f.otaoe of the area of ;nv r-ar yard. The height of
he .ccessoi buildin• shall not e teed - eig .ft e .rim.rvbuildin'. Mr. Saxton
commented his neighbor erected a shed that is 14 feet wide, 24 feet long and 17 feet high. This
shed is 10 feet from his property line and 25 feet from the back lot line. Mr. Saxton distributed
photos of the shed while in various stages of construction. He then requested the Commissions
consideration to amend the ordinance to ensure another property owner does not have a similar
experience.
5
Ms. Broussard- Vickers interpreted the ordinance differently than Mr. Saxton and requested Staff
provide clarity to the Commission. Usually, additional language is intended to be more restrictive
than the lack of words. The Commission discussed amending the ordinance to reduce rear yard
accessory structures from 10 percent to 8 percent and specifically address corner Tots. The
Commission requested Staff investigate the items below and report to the Commission.
* Shed permits that are added onto basement permits
* The Building Inspectors interpretation of the ordinance & section in question,
* Elevation requirements and changes for new structures.
* Research to see if another similar permit has been issued and if one is pending, the
Commission makes strong recommendation not to issue another similar permit until this
issue is resolved.
ADJOURNMENT
Ms. Broussard - Vickers moved to adjourn the Planning and Zoning Meeting Chair Welk
seconded the motion. Motion carried unanimously.
The September 1, 1998 Planning and Zoning Meeting was adjourned at 9:45 p.m.
Respectfully Submitted,
Ry -Chet Gaustad, CMC
City Clerk
6
CENTERVILLE ECONONIC DEVELOPMENT COMiMITTEE
REGULAR MEETING MINUTES
TUESDAY Plupust 1E,
Pursuant to due call and notie.re , :herso . („ :cHe CenIerville
Eievelooment Committee held their regular sorhels,.:
Aupust l.. 19S6. Chai ilio .ehbint. called tHe L.Lli.J t
order et TH.Qt P.N. Present Nary Cap,. Tha.eea L.eime;,
i''art.: Paul l'iontain, Cithe). oseent: Luc:v Thomhron.
Team.
Approval of julv 15.6 Ninutes
i by hie CeDra tc appr-ove tns JJ.lv .19:,-7, 171're*:iflO michAt:es-
second by Tim Rehbine. Paul i Abstain.
Dovrntown Revitalization
Therese Erenner passed out the fourth draft or the ur.oubse
schedule for the Design TEEM ViEl
Lucy Thompson requested a few chenges for times allowea fo.- e...,me
events and explained more about thinps that will
throughout the visit and explained about soifle thinps they ■flouid
like to Ese.
il.rofits from the raffle that was held during Fete Des Lacs
amounted to 1! 2: The Banner drohits should be close to
- 3 151.110.00.
Pav,1 hiontain . .ill work on findinu toobprebby MEOS for the visit.
hiary Cacra has 11 confirmed . host faimilies- Se would e;.ill ilHe
to find one in the Center Eicreei. er-sa.
Theresa Brenner suggested col.iinm up with a voueh Survey
alonR with the reeidEnt survev.
The ne)ct meeting will have to be Held mn :-.ptember' 1..
bo the primary eloctions are om the rep
bate.
Cit.) Goals & Obiectives
5 Karch stated the 'State ha3 :::eciai-ed October TU as Citie.s
i. This is a chance for cities to promote wha is
cl_iryently happening in their town. Me cothmittee viii dises.
tnis further at the next meeti
1,- ) 1 2=.
Hotion by Mary Cora to adjourn IlHe meeuinJ at b;30 P. sebond
by ul Montain. Ali in Favor..
FeEps itted,
T a Nit_ cet •
Lunen Weetbrock
Deputy Clerk
CENTER V I LLE ECONON I C DEVELOPMENT COMM I TTEE
REGULAR MEET I NG MI NUTES
TUESDAY Au pu s t IS. I'
Pursuant to due cal 1 and not iL'e . :;• . :ero - f . '„ Me CE0i
Ceve 1 oPment Comm itt ee held t h i r • 1-eqUiEr sPinec, ei if, es '_:.1
Ciugust 18, 19&3. Chairperson Ti ffl F,ehbine cal I ed the im:e.._ i LA
order at 7 :110 T-', i'. Present :; i ii.Dr Th e re s a 1L me nn,“-. 51m
Narch Paul iiiotain. Cthers Present : Lucy Thomps on, Hri :..r .L cn
Team. .
ApProyel of July 1 7 7)S Minutes
.Lion by Nary Ce.orp IC. approve the JJ1v iStM meet inq cin!Ji., es.
s econd by Tim Rehbine. Pau 1 Montain : i-Tustain.
Downtoon F:eyital i get 1 on
Theresa Brenner passed out the f ouhth Creit o ff the pc cc
shedu 1 e for the Design Team ViEil.
Lucy Thompson request ed a few changes for t i mes al lowed for spme
event s and explained more about things thEt will be haoce:3i1n.;•
throuphout the visit end explained about some thinqs they would
like t o SR9.
...
Profit 5 . from the raffle that was held during Fete Des Lacs
amount ed t o + ',D CIO. The 8-annL:r orof it s should be cl pee to
Paul Montain w i l l work on findinu topography met f or the visit.
Mary Capra has 1 1 confirmed host f &nfl i 1 i e tr She would , , i ti 1 1 11 ;•f2
to Find one in the Cent er Street SI - EEt.
Theresa Brenner suudest ed cofflinp UO Oiti a YOOCh tiur
a
it with the resident survey.
The ne meet inn will he,.? to be hici un E i HL,,
hp th primet-y el eci.. i up art um Lb r -rC :
E”
City Goal s & Lb iect i v es
Jim March s tat ed the Et to hee beciared Oct e C-1 i eus Ci 'ci s s
i This is a chance for cit i es to promote whao ever i s
current 1 y happening in their t own. Me committ ee wi 1 1 bi scuss
Thi s further et the next meet ing.
Cli o . rn,
iTiot i on by Nary Capra to ad)ourn tnr,, rvseuinA ai: Et7S0 F.. i s econd
b/ Paul Nontain. P11 in Favor.
i_i
iespect f ttsd.
PLYUR et
D_ne 1 1 West broci-:
550 LL' y Cleri-:
•
. ,
CENTERVILLE ECONONIC DEVELOPNENT GONNITTEE
REGULC-IR MEETING MINUTES
TUESDRY flugust 18, 198
Pursuant to due call aci hocibe uLereof,. L.;ie :eptecvills
Development Committee held their regular sL.heL...;led rf,rreL.,HL o..
fLupust 16. 1953. Lhairperson Tim r:;ehbine called
order at 7:ifit P.Fr:. P•esent4 i6ory Caor-a.. Ther-esa b.:e(inor., jn
Harch, Pal.:,1 Nontain. Cithers -oresent Luc Thpopeoh. hri
Team. .
ADDrOV81 of julv 1/E kinutes
hotien by iTio.ry Lapra to apphove tne JJ1v 155e metiny fiiirnes,
second by Tim Rehbine. Paul Nont2in: Ribstain.
Lowntown Revitalization
Theresa 'Arennr oac-ssed out the fourth draft OF the.' niJs.L'
schedul for the nesin Team visit. .
Lucy Thompson requested a few changes for times .111:p. 1c
events and explained more :Dot thinEs that will b& ha3oeAiLb
throuphout the visit and explained about some thinps they
like to see.
IT'rofits from the raffle that was held during Fete Des Lacs
• eimounted to 00, ThE Banne ofrofits should be close to
1600.00.
r:al.xl Hontain will work on findi t000prat7h meue fort yisit, .
hery Capra has li confirmed host: townies- SLe , L:till ilHe
to find one in the Center Street arse-
iheresek Brenner supqested cooinp UD V4ith a VOU'Ch L.:1Yr'V'thV .1 iJ
.ion- with the resident eurvev.
The ne)-:t meeting till htetre to De held QC: 5st.te“Ii..)er i..
to the primary elections are on the reoular schejule meetiiib
d at ie.
Sbar CitV 6081S & coiectives
2im March stated the Sate ha.: ciared Obtubeh b-li ai C.itie
Week. This is 8 chanoe for cities to promote whatever is
cLirrently happening in their town. Me committee will disb.J.ss
tnis further at the ne:xt meetin.
ecilaL!,TQ .
otion by i7lary flarora tr adjourn T..'ie meetiin ab E;30
Cy Paul Montain. Ali in Favor.
F:spctfuli Submitted,
Ta dt
L_nell We!
Deouty 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 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.
1
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
84'17198 11:56 CITY CF CIRCLE PINES 4 612 429 8629 NO.049 P01
CITY Of CIRCLE' PINES
ANOKA MONTT, MINNESOTA
OP:DIVANCE BO. 44
0 6 ( ‘ C . 7- - :e Amending City Code Section 120 Weapons
ouncil of the City of Circle Pines does ordain as
secties, -. The City Code of the City of Circle Pines is
hereby amended by deleting Section 720 in its entirety and
replacing it with the following:
Section 720 Weapons
1.01 Definitions.
III Subd. 1 Danttous Weapon. "Dangerous weapon"
means any firearm, whether loaded or unloaded, or any
device designed as a weapon and capable of producing
death or great beadily harm, or any other device or
instrumentality which in the manner it is used or
intended to r be useai, at is calbculodated i l y or li to produce
d gro. The
term "dangerous weapon" shall include, but not be
limited to, the following:
1. All firearms)
2. All instruments used to expel at high velocity
any pellets Crt single projectile of any kind,
including, but not limited to B.B. guns, air guns
and rifles;
3. Sling shots;
LL ti 4. Bows and arrows;
\ �i 5. Cross bows;
�a 6. Sand clubs;
7. Metal knuckles;
8. daggers, dirk knives, switchblades or spring blade
or push knives, stilettos, or black jacks;
9. Chinese throwing stars;
10. Nunchakus
11. Sharp studs; and
12. Blow guns,
Subd. 2 Dangerous instruments. "Dangerous
instruments" shall be defined as any instrument or
device designed to throw, hurl, shoot, project or toss
any stone, missile, projectile, marble or any other
objects including but not limited to: sling shots,
_94 CITY OF CIRCLE PINES 4 612 425 6529 NO.045 002
•
sling bows, spear throwers or other devices that are
manufactured and designed for that purpose or designed
for some other purpose but put to such use.
720.02 prohibited Actiouxs: It is unlawful for any person
to:
a. Recklessly handle or use a dangerous weapon,
dangerous instrument or explosive so as to
endanger the safety of another.
b. Aim or point any dangerous weapon or dangerous
instrument, whether loaded or not, at or
toward an human being.
c. Use or set off in any fashion any dangerous
instruments including such use or discharge
as causes any projectile to be thrown, hurled
passed in the city. Any dangerous instrument,
which is strung or capable of use, not stored
or contained in a container or secure case to
prevent its immediate use, shall be considered
a violation of this ordinance.
d. Manufacture: or sell for any unlawful purpose
any weapon known as a slingshot or sand club.
e. Manufacture, transfer, or possess metal
knuckles or switchblade knives opening
automatically.
f. Possess any other dangerous article or sub-
stance for the purpose of being used
unlawfully as a weapon against another.
g. Bell or have in his /her possession any device
designed to silence or muffle the discharge of
a firearm.
h. Permit a child under 18 years of age to handle
or use, outside of the parent or guardian's
presence, s dangerous weapon, dangerous
instrument, or any ammunition or explosive.
L. Furnish a minor under 18 years of age with a
dangerous weapon, dangerous instrument, ammu-
nition or explosive without the written
consent of his /her parent or guardian or the
police department.
720,03 Minors. No minor under the age of 18 years shall
handle or have in his /her possession or under his /her
control, except while accompanied by or under the immediate
charge of his /her parent or guardian, any dangerous weapon
or dangerous instrument
- 2 -
04/17/98 11:56 CITY OF CIRCLE PINES 4 612 429 8629 NO.049 D03
720.04 Discharge of Dangerous Weapons or Dangerous
Instruments No person .shall discharge any dangerous weapon
or dangerous instrument within the City, except at a duly
authorized shooting range while such range is supervised,
subject to the exception provision in Section 720.06 hereof.
720.05 Defense. Nothing in this section shall be construed
to prohibit the discharging of any dangerous weapon or
dangerous instrument when done
necessary n the en£orcer nt defense
ot the
person, property, family
law.
720.06 Exception. The 'provisions of this section shall not
apply to any police or peace officer, sheriff or any officer
of the United States, the State of Minnesota, or any of its
counties who may discharge a fire an -n or gun in the City in
the course and scope of their duties.
720.07 Penalty. A violation of any provision of this
section shall be a misdegaanor.
SECTION 2. This ordinance shall be in full force and effect
from and after its passage and publication.
Passed by the City CouncsU this 13` Day of January, 1998.
Lee Ann Osbun, mayor
ATTEST:
.0r
W. s W. Keinath, City .Administrator
(SEAL)
First Reading: Dec2mber 23, 1998
Second Reading: laryuary 13, 1998
Published: January 27, 1998
- 3 -
MEMORANDUM
DATE: October 1, 1998
TO: Chair Welk and Commission
FROM: Ry -Chel Gaustad, CMC City Clerk
RE: Consider Amendment to Ordinance # 49
During the September 11, Council meeting a few residents voiced concern about the noise early in
the mornings on weekends. The Council suggested the Commission examine the noise ordinance
to see if an amendment is order. Mr. Joslin and Ms. Kopps may be in attendance during the
October meeting to express their concerns. Do not hesitate to contact me if you have any
questions.
d- x ,44
te rya. te
1880 Main Street • Centervi!(e, MN 55038
• ,. Established 1857 (612) 429 -3232 • fat (612) 429 -8629
September 24, 1998
C
t,/
` ` CO, Mr. Robert Joslin V
2054 Willow Circle
Centerville, MN 55038
Dear Mr. Joslin:
This letter is in response to your concern regarding the noise and dust generated from the
construction site east of your property.
The City of Centerville plans to meet and discuss the Noise Ordinance as it pertains to the hours
of operation on week nights and weekends. The Planning Commission has scheduled to visit this
issue during its meeting on October 6, at 7:00 p.m
Thank you for expressing your concern to the City. Please do not hesitate to contact me at 429-
3232 if you have any questions.
Sincerely,
Ry -Chel Gaustad, CMC
City Clerk
cc: City Council
1
•
CITY OF CENTERVILLE
. ORDINANCE #49
•
AN ORDINANCE RELATING TO NOISE, PROVIDING FOR.THE ELIMINATION AND".
PREVENTION OF • PROHIBITED NOISE, -AND IMPOSING PENALTIES FOR
VIOLATION.
THE CITY COUNCIL OF THE CITY OF CENTERVILLE, MINNESOTA ORDAINS
Section 1.. _.Noises Prohibited. ..,. .
Subdivision-1. General prohibition. No person shall make or
cause.to be made any - continuous, objectionable noise
due to intermittence,' frequency, beat, ^shrillness, or
intensity that annoys, disturbs, injures', or endangers
the comfort,. repose.,: health,.•peace, safety, or welfare
of any person or precludes their enjoyment of property
or affects :their . property's:-• value. .: This general
prohibitiom.is not limited by. the:. specific restriction
of :the: following subdivisions :`
Subdivision 2. Exhaust. No person shall discharge the
exhaust ;ornpermit -.therdischarge Of°f •the :exhaust of any
steam engine, stationary internal combustion engine,
• motorboat, motor. vehicle, o :snowmobilee except:= through
a -muffler or-. other _Cdevicec.that.•effectively prevents
loud.or explosive: noises therefrom.- and - complies with
- all_ state :laws:. and regulations:. - w: l ' 4 -
Subdivision 3. r. Loading �.. unloading =No- person
shall create '...dloud,:.and-i=excessive. noise -.in loading,
- unloading;..or :unpacking any.: vehicle between the hours
of -10 :00 p.m_.and 7 ;OOea.m_ -t cer,ar_ a3ua ?a n�
-t 70 n acd i , sr.r•u •°
Subdivision•4. , Radios, - '
phonographs, 'systems, etc.
No person shall use or operate or permit the use or
operation of -' any : :L :radio :receiving • ;;set, 1musical
instrument,-•.-phonograph, paging: system;^ "machine, or
other. device: for -the :. production- or- ;.reproduction of
sound in a distinct and loudly audible manner as to
disturb the peace, quiet, and comfort :of .any person
nearby. ...Operation .of any such set;.•.= instrument,
phonograph, machine,-or other device between the hours
of-10:00 _p.m.. and. 7:00 a.m.. in.such -a manner as to be
plainly audible fifty (50),, feet from - outside the
property line of the structure or building in which it
is located, in the hallway or apartment adjacent, or at
a distance of one hundred fifty (150) feet if the
source is located outside a structure or building shall
be prime facie evidence of a violation of this section.
Subdivision 5. Participation in noisy parties or
gatherings. No person shall participate in any party
1
page two
or other gathering of people giving rise to continuous
noise, disturbing the peace, quiet, or repose of
ano4her person. When a police officer determines that
a gathering is creating such a noise disturbance, the
officer may order all persons present, other than the
owner or tenant of the premises where the disturbance
is occurring, to disperse immediately.
Subdivision 6. Loudspeakers•,,. amplifiers for advertising,
etc. No person shall operate or permit the use or
operation of any loudspeaker, sound amplifier, or other
device for the production or reproduction of sound on a
street or other public place for the purpose of
commercial advertising or attracting the attention of
the public to any commercial establishment or vehicle.
Subdivision 7. Animals. No person shall keep any animal
that disturbs the comfort or of persons in the
vicinity by its frequent or continued noise.
Section 2. ,Hourly Restriction on Certain Operations.
Subdivision. L. Recreational vehicles. No person shall,
• . between the hours of 10:00 p.m. and 7:00 a.m., drive or
operate any minibikt, snowmobile, or other recreational
vehicle not licensed. for travel on public highways.
Subdivision 2. Domestic power equipment. No person shall
operate a power lawn mower, power hedge clipper, chain
saw, mulcher,. garden tiller, edger, drill, or other
similar domestic power maintenance equipment between
the hours of 10 :00 p.m. and 7:00 a.m. Snow removal
equipment is exempt from this provision.
Subdivision 3. Refuse hauling. No person shall collect or
remove garbage or refuse in any residential district
between the hours of 10 :00 p.m. and 7 :00 a.m.
Subdivision 4. Construction activities. No person shall
engage in or permit construction activities involving
the use of hammers or the use of any kind of electric,
diesel, or gas powered machine or other power equipment
between the hours of 10 :00 p.m. and 7:00 a.m.
Section 3. Enforcement.
Subdivision 1. Noise impact statements. The council may
require any person applying for a change in zoning
classification or a permit or license for any
structure, operation, process, installation or
alteration, or project that may be considered a
page three
potential noise '- source - to submit a noise impact
statement. shall. evaluate. each , and
take its evaluation into ..account : :in approving or
disapproving the license or - permit applied for or the
zoning change requested.
Subdivision 2. Criminal penalties. Every person who violates
any provision of this ordinance is guilty of a
misdemeanor and shall, upon conviction, be subject to a
fine of not more than $500 or imprisonment for a term
of not to exceed - 90 days, or botli, plus, in either
case, the costs of prosecution. Each act °-of violation
and '"each ' "day " a violation occurs "or continues
constitutes a separate, offense:
Section 4. Severability. "If any" provision of•?tthis ordinance or
the application of any .provision to a particular situation
is held to be invalid by a. court of competent
the remaining portions of'the °ordinance and the - application
of the ordinance to any other situation shall not be
invalidated. ....::..._� y.
Adopted by this City Council thi'a 10th'day of January 1990.
'_. Q' _ •
1r
ATTEST:
"Aviv/ ,I/I( -, - P7/i'44 IC
Clerk /Adman teat _•-
.v2a.
_
MEMORANDUM
DATE: September 16, 1998
TO: Honorable Mayor, Council, Committees, Commissions and Department
Heads,
FROM: Ry -Chel Gaustad, CMC City Clerk
RE: Newsletter
The City of Centerville plans to execute its fall newsletter the second week in October. Please
submit articles, comments or departmental items for the newsletter by October 5, 1998. If you
have any questions do not hesitate to contact me.
-- ---•
i
CEhTERVILLF ECONOMIC DEVELOPMENT COMMITTEE
REGULAR MEETING MINUTES
TUESDAY August 18 1998
Pursuant to due call and notice thereof. the [enterville Eco'umic
Development Committee held their regular scheduled esstimm gm
August 16, 1998. Chairperson `iw r;:ebbine celled time eeeii1/4 td
order at 7 P.K. Present: Mary Cao~a. Theresa Erponer. Jim
March, Paul Hnntain. Other's oresent: Lucv Thcmoecn, Mn LQsi
Team.
Approval _ ofJulviSSE,Minutes
Notion by Mar? Laora to approve the July i96 meetinu ninmtes.
second by Tim Rehbine. Paul |`\pntain: Abstain.
Downtown Revitalization
Theresa brenner passed out the fourth draft of the p.'ouuseO
schedule for the Design Team visit.
Lucy Thompson requested a few changes for times alluwen for some
events and explained more about things that will be heocenipd
throughout the visit and explained about some things they would
like to see.
Profits from the raffle that was held during FetemDes Lacs
amounted to S 25 The Banner urnfits should be close to
$ 150@"@Q.
Paul Mnntain will work on findiny toopgrauhy maus for tHc visit.
Nary Capra has 1l confirmed host families. She would still ih:e
to find one in the Center Street area.
Theresa 'Brenner suggested coming up with a veuth survey to uu
a}0710 with the resident survey.
The next meetinp will have to be held un September i� ith the
to the primary elections are on the repclar scheduletr uecti'/g
date.
Star City !Goals &Obiectives
Jim March stated the State h*s declared October 5-1i as [itiws
Week. This is a chance for cities to cru`,ote whatever is
cyrrently happening in their town. The committee will discuss
this further at the next meeti:g"
ndio.uril
Motion by Nary Capra to adjourn the meecinu at C:73Cl P.M.., second
by Paul Montain. All in Favor.
Respectful 3 b itt d,
jinell Westbrook
Deputy Clerk
CITY OF CENTERVILLE
PARK AND RECREATION COMMITTEE
SEPTEMBER 2, 1998
Pursuant to due call and notice thereof, the Park and Recreation Committee of the City of
Centerville held their regularly scheduled meeting on September 2, 1998 at City Hall.
Chairperson Michael Navin called the meeting to order at 6:30 p.m.
PRESENT: Chairperson Michael Navin
Doug Porter
Steve Brown (left meeting @7:25)
Dale Larson
STAFF: Jim March
CONSIDERATION OF MINUTES
May 5, 1998 — Minutes tabled.
August 5, 1998 — Minutes. Doug Porter moved to approve the August 5, Park and
Recreation minutes. Motion seconded by Dale Larson. Motion carried unanimously.
APPEARANCES
Willie Lessard of Center Villa. Mr. Lessard gave an overview of his plans to change all
the homes in his Center Villa development to residential. Currently this would include
twenty -two homes, on thirteen acres. He requested clarification on park and dedication
fees & also offered outlot A, which is on the East side of 20` Ave. He would consider a
trade on the land in exchange for a reduction in park and dedication fees. Doug Porter
will follow up with Mr. Lessard regarding fees.
Carl Buechler of Buechler Estates. Mr. Buechler gave an overview of his plans to
develop Buechler Estates on Mound Trail, He was interested in clarification of Park and
Recreation fees. Doug Porter will follow up with Mr. Buechler regarding fees.
Pat Mahr. Pat is currently the President of Centennial Little League. Pat presented
Michael Navin with a sponsorship plaque.
Barry Brainard. Mr. Brainard resides at 1853 Revoir Street in Centerville. Mr. Brainard
wanted to know the plans for Acorn Creek Park. The neighborhood is interested in
seeing some development of the park. A brief discussion was held. Steve Brown and
Barry Brainard were going to discuss with neighbors what they would like to see in the
park. LaMotte Park is the first priority, which was noted to Mr. Brainard.
Interviews. Interviews were conducted for the open seat on the Park and Recreation
Committee. The candidates that appeared for interviewing were Monica Travis, Paul
Montain, and Donald Bahneman. After discussion, the Park and Recreation Committee
consensus was to select Donald Bahneman for a two -year commitment. Monica Travis
was selected as an alternate.
PETITIONS AND COMPLAINTS
A. Foot Bridge Connecting Cottonwood Court to Brian Court — The topic was discussed
and reviewed. Copies of the original minutes were available when the topic was
being discussed. Decision was tabled until next meeting, so that Michael Navin can
review the Comprehensive Plan regarding the trail system and other issues.
OLD BUSINESS
A. Cotton wood Court Easement Update: Nothing noted.
B. Eagle Pass Tree Update: Michael Navin and Jim March looked at the trees.
Discussion was held on transplanting the trees to Tracie McBride Park and Acorn
Creek Park until LaMotte Park is ready for planting.
C. Bike Helmets: The committee discussed and elected to drop the issue.
D. LaMotte Park Grading Cost and Alternative Options: The City Council had a
discussion regarding the bid process and final decision on Forest Lake Contractors.
Another discussion was held with Pat Mahr of Centennial Little League, on recycling
the backstops and bleachers. Chairperson Michael Navin asked Pat to attend the
upcoming construction meeting, to discuss timing of recycling. Pat also had some
questions regarding ag -lime for base lines. He also inquired about a letter of
agreement with the city on the use of fields.
NEW BUSINESS
A. Outdoor Ice and Operations: Steve Brown will run the operation of the 1998 -1999
season, and he will update the commission with his progress.
OCTOBER AGENDA ITEMS
1. Review May 5, 1998 minutes
2. Foot bridge connecting Cottonwood Court to Brian Court — update from Michael
Navin
3. Eagle Pass — tree update from Michael Navin
4. LaMotte Park grading update
5. Discuss Willie Lessard and Carl Buechler developments regarding park and
dedication fees.
Motion to adjourn by Doug Porter, seconded by Dale Larson.
Respectively submitted,
Michael Navin
MN /alf