HomeMy WebLinkAbout1998-10-06 Packet b
PLANNING AND ZONING MEETING
AGENDA
TUESDAY, OCTOBER 6, 1998
7:00 P.M.
OPENING
IB VA Roll Call
• Administrate Oath of Office
PUB HEARING (S)
. Center Villa Preliminary Plat Consideration (6994 -20th Avenue)
B. Variance - Reconstruction of a Shed at 1563 Peltier Lake Drive for Phippen
Tabled
III. CONSIDERATION OF MINUTES
A. May 5, 1998 Planning and Zoning Meeting Minutes
B. June 2, 1998 Planning and Zoning Meeting Minutes
C. September 1, 1998 Planning and Zoning Meeting Minutes 1
IV. APPEARANCES
A. Joe Goetz - Goetz Landscape & Irrigation, Inc. - Sketch Plan
V. ACTION ITEMS
A. Action on Preliminary Plat for Center Villa
B. Action on Variance to Reconstruct a Shed - Tabled
VI. DISCUSSION ITEMS
A. Reschedule November 3, Planning Meeting
B. Consider Amendment to Ordinance #4 - Outbuildings - Saxton
C. Consider Amendment to Ordinance #5 Discharge of Firearms - Table
D. Consider Amendment to Ordinance # 49
E. November Agenda Items
VII. ADJOURN
JJ c ; tervitte
1880 Main Street • Centerville, MN 55038
Established 1857 (612) 429 -3232 • Fat (612) 429 -8629
I, being duly swom, disposed and say that I am eligible to
service on the commission of the Planning and Zoning. That I reside in the City of Centerville,
Anoka County, State of Minnesota, and am a qualified voter therein; that I Brian Hanson will
represent the City of Centerville in a professional manner and will act in the best interset of the
City of Centerville.
ATTEST:
Ry -Chel Gaustad, CMC City Clerk
,03/25) -1998 18:15 651- 766 -196 RICE CREEK W DIST PAGE 01
C
RICE CREEK WATERSHED DISTRICT
Cadet
3585 LEXINGTON AVE N SUITE 330 V ; no-
ARDEN HILLS MN 55126 -8056
Phone: (651) 766-4191 Fax: (631) 766-4196
NOTICE OF PERMIT APPLICATION STATUS
Date of this notice: September 25, 1998 Permit Application No: 98.91
Applicant's Name & Address: Lake Area Utilities, 6995 20th Avenue S., Centerville, MN
55038
FAXED TO APPLICANT AT 429 -8828.
Project Location: West of 20th Avenue 5 and immediately south of Clearwater Creek,
Centerville
Purpose of Project: Land Development Plan for a single - family development to be known as
Center Villa, 22 lots, 20± acres
At their meeting on September 23, 1998, the Board of Managers of the Rice Creek Watershed
District took the following action on your Permit Application:
TABLE PENDING RECEIPT OF:
1. Narrative addressing wetland mitigation line extending within nongraded wetland areas
(2, please).
2. 2 -year and 10 -year hydrologic calculations for replacement wetland (WCA requirement)
(2 please).
3. Narrative addressing hydrologic sustainability of replacement wetlands (2 please).
4, Further review by District staff of wetland alteration/mitigation plan.
5. Revised grading plan specifying minimum 1 st floor elevation of Block 3 at 905-8 (3 sets.
please).
6. Existing flood elevation of unnamed ditch/wetland complex at southeast property
boundary (on 3 plans).
7. Revised preliminary plat specifying easements over all drainage swales, ponds, wetlands,
and floodplain (902.9), including 100 feet from centerline of Clearwater Creek (3 sets,
please).
8 Narrative addressing effect on upstream properties from proposed outlet control structure
(w /12- inch orifice) installation at existing 24 -inch RCP under 20th Avenue South (2
copies).
9 Existing subwatershed bowtdaries and topographic contours (including all area tributary
to the unnamed ditch/wetland complex at southeast property boundary) (on 3 plans).
10. Incorporation of infiltration opportunities and BMPs (e.g., doughnut cul -de -sacs) (see
brochure herewith).
11. Acquisition of drainage ponding and flowage easements up to an elevation of 899.1 for
off -site areas south of the unnamed ditch/wetland complex. Please forward a draft
document (unsigned) for review by the District's attorney and engineer. See sample
herewith. After approval, you may get signatures and return a signed copy to us, then.
you may register it at the County. Following that, you will provide us official proof of
registration.
12. Completion of WCA 30-day public comment period.
I3. Copy of MPCA NPDES application (2 copies, please).
14. Cash surety in an amount to be determined. This surety will be kept through final
inspection to assure erosion control measures remain current as shown in plan and also
99/25/1998 18::5 651- 766 - RICE CREEK W DIST PAGE 02
•
for compliance with other permit requirements. Applicant's check is acceptable. The first
55,000 must be cash. Amounts in excess of 55,000 may be secured by an insurance
company bond or an irrevocable letter of credit.
Sdpuladotts:
1. Outlots will require individual RCWD permits when developing.
2. The replacement wetland approved as part of this permit shall be constructed concurrent
or prior to any wetland fill activity.
3. The Notice of Use Restriction and Maintenance Responsibility for the replacement
wetland shall be properly filed and recorded prior to any wetland fi11 activity.
4. The perrntittee shall submit a monitoring report on the replacement wetland to RCWD
which includes the information specified in Minnesota Rules 8420,0620 each year for
five years following completion of the replacement wetland. The report shall be
submitted no later than November 15 of each year.
After receipt and review of the above - indicated items, additional information may be required for
clarification to ensure that the District's requirements have been met. If you have any questions,
please call the District Office at (651) 7664191.
e Kattet}ohn, Sec any
City/Township of Centerville
Applicant's Engineer Movie Engineering, FAX/4786.6007
Montgomery Watson
RCWD File
Correspondence
- e te/ Vii e 1830:tifain Street • Centerz'i!(e, ? 11N1 55038
"` .` .. Established 1857
(612)429-3232 • fat (F12)429 -8629
NOTICE OF PUBLIC HEARING -
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF CENTERVILLE
Preliminary Plat Consideration
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, October 7, 1998 at 7:00 p.rn. 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:
North 1/2 ofthe NE 1/4 ofthe SE 1/4 No Section 23 Township 31, Range 22.
Previously identified as:
THE N 330 FT OF THE E '/z OF THE N'/ OF TEE, N OF THE SE 14 OF SEC. 23
TWP31NAND THE PRTOF THE E'/ OF THE N1 /2OF THE NYOF TEE SE1 /4OFSEC
23 TWP 31 RGE 22 ANOKA COUNTY. LAKE AREA UTILITIES.
Locally known as: 6995 20th Avenue South.
Written comments will be accepted until 4:00 p.m. on Tuesday, October 7, 1998. City Hall is
ADA accessible. Requests for hearing assistance devices or a sign language interpreter must be
received before September 30, 1998, 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.
September 14, 1998
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CITY OF CENTERVILLE
APPLICATION FOR PRELIMINARY PLAT -
DATE PAID CI ) I I ICiJ FEE ,X7TCO
STREET LOCATION OFiROPERTY }o 44 " A e
LEGAL DESCRIPTION OF PROPERTY
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SIZE OF PARCEL (S) 0 1'S -
PROPERTY O W N E R : Pc K< Au e ' u I; r e•S PHONE r 7Z - 4 0 3
FEE OWNER: h!l Z. i-ri e (A-L j —c S ; c i
ADDRESS: (,7 q s ,g 4- v ;.s._ S-o • r ii'i - S 03
APPLICANT'S INTEREST IN PROPERTY:
FEE OWNER CONTRACT PURCHASER -
_ LEASE HOLDER OPTION TO PURCHASE
DESCRIPTION OF REQ TEST: �� P 17 ✓�1 % bti t I to / eta ( /[ 0,4 n a� � t v✓
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MEMORANDUM
TO: Planning and Zoning Commission
City of Centerville •
FROM: Thomas W. Peterson •
DATE: October 2, 1998
SUBJECT: Center Villa
Preliminary Plat, Grading and Utility Plan Review
BRA File No, 616 - 98410
I have the following comments and revisions regarding the plat:
1) Move C.13.5 6 -feet south, so pipe from C.B. 5 to C.B. 3 stays within right -of-
way.
2) Show defined emergency overflow awale between lots 17 -18, from the low point
catch basins to the pond. Set E.O.P. at elevation 906.5.
•
3) The 4 -foot high earthen berm east of the house pad for Lot 13 will not have much
effect on screening the business to the east. May want to consider a fence at the
back lot line instead.
4) The Comprehensive Water Main Plan shows existing 10 -inch main on Brian
Drive. Show new 10 -inch main on Brian Drive and along Eagle Trial. Extend
ID -inch main from Eagle Trail to CR. 54 (20 Ave. S.). Connect the 10 -inch
main to the existing 12 -inch main on 20 Avenue.
5) A wider easement will be necessary on the east side of the north side of Lot 12 to
accommodate a water main and storm sewer.
6) Confirm that no filling is taking place within the floodway. Show the floodway •
line on the preliminary grading plan.
•
2335 West Highway 36 • St. Paul, MN 55113 • 612-636-4600 • Fax: 612-636-1311
MEMORANDUM
DATE: October 1, 1998
TO: Chair Welk and Commission
FROM: Ry -Chel Gaustad, CMC City Clerk
RE: Phippen Variance Request
Enclosed in your packet is a copy of Ordinance 4 Subd. 34.01 -3 Shoreland set back
regulations. The Phippen family requested a variance to reconstruct a shed on an existing
concrete slab. During the September meeting, the Commission requested the Phippin's to
provide proof that the concrete slab is not located on St. Paul Utility (SPU) property.
In light of the request, find a letter dated September 21, from David Wagner, (SPU)
Assistant Production Manager. The letter states that the concrete slab is not located on
SPU property.
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF CENTERVILLE
NOTICE OF VARIANCE PUBLIC HEARING BEFORE THE PLANNING AND ZONING
COMMIISSION
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, 1993 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
cal the City Clerks Office at (612) 429 -3232 if you have any questions or need additional information.
Monday, July 6, 1998
IsI Rv -Chel Gaustad, CMC
City Clerk
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I860 Main Street • �IN 5038
Es'ta6[is(ed1857 CITY OF CENTERVILLE (612) 429 -3232 • Fax (612)429 -8629
APPLIC ION FOR VARIANCE OR REZONING
VARIANCE 1 / FEE { 1�> • �? •�
REZONING DATE PAID
STREET LOCATION OF 'PROPERTY: 1 A . 6 .
LEGAL DESCRIPTION OF PROPERTY:
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Sig at : of srgpe,• 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.
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Ry -Chel Gaustad
City Clerk
City of Centerville
Dear Ry -Chel:
Subject: 1563 Peltier Lai e Drive
It is my understanding th : property owner at the above address has requested a variance to
construct a shed approxh 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 tie 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
the Schedule of Regulations except where adjacent structures have
front yard setbacks different from these reouirements, the
minimum front yard setback shall be the average front yard
setback of such adjacent structures to a minimum front yard
setback of twenty five (25) feet, excluding new developments
platted after January 1, 1992 *1 and conform to the following
additional regulations :
34.01 -1 - All structures, whether attached to the principal
structure or not, and whether open or enclosed,
including porches, carports, balconies or _
platforms above normal grade level shall not
project into any minimum front, side or rear yard. - , - (
34.01 -2 - Lots which abut on more than one street shall o C`
provide the required front yards along each �•
street, except for an R2A as described in Table B.
Schedule of District Regulations. Rear yard /—/
setbacks shall not be required on corner lots
since side yard setbacks apply. *2
* 1 Amended 12/22/93 * 2 Amended 4/8/87
34.01 -3 - Any principal structure situated on lands -` '
contiguous to or abutting any portion of the
public lakes in Centerville shall maintain
setbacks of seventy -five (75) feet from the lake.
Where adjacent structures have yard setbacks
different from these requirements, the minimum
!_ -J setback from the lake shall be the average setback I
of such adjacent structures to a minimum of fifty -
(50) feet.
34.01 -4 - The minimum side or rear yard depths for the
following non - residential structures or uses which
abut any lot in any Residential District shall be:
(1) Off - street parking spaces and access drives
for non - residential uses - 20 feet.
(2) Churches, schools and public or semi - public
' structures - 40 feet.
(3) Recreation facilities, entertainment
facilities, all business uses and all
industrial uses - 60
34.02. COMPUTING FRONT YARDS. For the purpose of computing
front yard dimensions, measurements shall be taken from the
nearest point of the front wall of the building to the street
right of wav line subject to the following Qualifications: *1 *2
34.02 -1 - Cornices, canopies, or eaves may extend into the
12
09/21/98 18:18 P:1 612 558 2101 S P W U ENG RM Z001
September 21, 1998
Ry -Chel Gaustad
City Clerk
City of Centerville
Dear Ry-Chel
Subject: 1563 Peltier Like 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. Ile 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 questiois please calf me at 558 -2104.
Sincerely,
b OAS . 13, 1/4„.
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 /Building
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 PLAIN
MANAGEMENT ORDINANCE. SECTION 7.0 SUBDIVISIONS states, "No land
shall be subdivided which is held unsuitable by City Council for
reason of floordinci inadequate drainag wa _ ter supply or sewage
treatm f ac i lities All lost within the flood plain districts
shall contain a building site at or above the Reaulatory Flood
1
P • - io E1 -va io . Al s bdiv' i•ns .1_ h.ve w.t- . d
s-w.•- d' • . - il' i- h. •m•1 w' h- *rev' i• o.
th' • .i .n - .•• h.v- •.• .• • • 1- •••vi i. .n.
to the individual building sites no lower than one foot below the
R-•u .t. 1••d Pr. ec i. E ev. '• ."
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.
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 69 -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 seconded to recommend to the Council
not to appr t r e z one and vacation of property request for
reasons o rezo an t wait for the dow r
committee report. Motion carried unanimously.
Ms. Brossard - Vickers moved and it was seconded to recess for five
(5) minutes. Mo c
tion arried 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.
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..
�s Brossard -Vi k r mov d and i was seconded o a lP h o
split in order to gather more information and to reconsider the
request Motion carried unanimously
•
Action on the MUSA Swan
Mr Buckbee moved to ro
appve the MUSA swap request and to
recommend to the City Council Chair Welk second the motion
Motion carried un ani m ous l y.
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.
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 polical signs.
Uniform Housing. Code
Ms. Broussard- Vickers moved and it was seconded to table agenda
item uni orm ho ing od n > > h n omm' s ; on me ing •
Motion carried unanimously
Adjournment
Chair Kathy Welk move and it was seco nded to adjourn the Ma 5.
1998 Plahning and Zoning Commission meeting Motion carried
unanimously.
• 8
•
•
•
•
•
\
The Planning and Zoning Commission meeting adjourned at 10:35
p.m.
Respectfully Submitted,
1
Ry -Chel Gaustad, CMC
City Clerk
•
9
CITY OF CENTERVILLE
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 -Che1 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.
Mr. 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 (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
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 45m 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 hearinaMs
Broussard- Vickers seconded the motion. Motion carried unanimously.
Continuation of Ordinance #44A - Building Construction
Chair Welk read aloud ordinance 444A - building construction and its proposed amendments.
Ms. Broussard- Vickers moved to close the Ordinance #44A - Building Construction public
hearine. Mr. Buckbee seconded the motion. Motion carried unanimously.
Qontinuation of Joyce Stevens Gre
(en) p lit ues
Reqt
e Lot S
Ms Broussard- Vickers moved to close the Joyce Stevens ( reene) lot split public hearin 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 upo the drain. ae concerns he
addressed and no operations take place at the site until utilities are available. Also that there is
no access from this building_ to Cedar Street in the future_ and the Commission approves the site
plan as submitted. contin ee nt upon the City Engineer's approval. Mr. Buckbee seconded the
motion. Motion carried unanimously_
pick 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 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. B ckb-e s oved o reco en. to the Co ncil th- ors 'eat b- d- elo.ed a an ' 5 zoning
dist 'ct. .:r.ss.rd -Vcke -c. ode. the m. ion .ti. c.rried un. _ "m.usl .
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.
Gre• Wat o - tarfire m : -tics ac.nt •ro! •rtv o h ofEa•le Tr cki
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. 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 may
proceed without a public hearingfor a special use permit Motion seconded by Ms Broussard -
Vickers. Motion carried unanimously.
Ms Broussard- Vickers moved to recommend the preliminary sketch plan is approved with special
attention to landsc an
aping (to mitigate the west side of the pronerty d suggested the gi
en neer
work wi h 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 tale the Les and rezon- re ues u til e July 7 998 'la 'n•
Commission meeting and to direct staffto renotifv the surrounding orooertv owners the issues
will be revisited. Motion seconded by Ms Broussard- 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 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- Vickersjnoved to deny the lot split based on the facts presented by the Building
O 4 cial t .t
he i ca •t • an v: c- to e . t.te aw • s• advi - the ...en o ter to
a. .1 or ale -r of m. r-vision fro • in or. -r to re•u - t . lot .1't in h- t e.
otio eco de. b Mr :tic tee. Motion e,rrie. n: !.us .
. Buc bee IA *lied • tab - ev- _ hind_ rem ' • o th- a• -nom _ s. Brous aro -Vic er
econded them. io . Motion 'e. unanimous .
Mr. Buckbee moved to adj_oulshe June 2. 1998 Planning and Zoning meeting, Ms. Broussard -
Vc ers e •n.ed he mo lot •ti.n ' -d una 'm.0 - .
The Planning Commission meeting adjourned at 10:40 p.m.
Respectfully Submitted,
Ry -Chel Gaustad, CMC •
City Clerk
8
II
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
****** ** * ************************************** * * ** * * * ** * * * * *** **r * * * * * * * ** * **
OPENING
Roll Call
PUBLIC HEARING (S)
Preliminary Plat Consideration for Mound Trail (Carl Buechler 1
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.
Mr. 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 public hearing. Ms. Broussard- Vickers seconded the motion.
Motion carried unanimously
. e i _ U P • i f o T' Pe . ' . a er - O s 'rate an a _t. Elec ri , R .: i _ 01
Mr. Tim Peppenger (7129 20th Avenue North) was present to request a special use permit
recommendation from the Planning and Zoning Commission to the Council°. 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. Eroussard- Vickers seconded the motion
Motion carried.
A variance - Road to be over 800' in Length with a Temporary Cul de
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 un
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 Phipps
Ms. Broussard Vickers moved to dose the Phippen variance puhlic hearing. Mr. LaMotte
s econded the motion Motion carried unanimously
Rezone Property From Rl to PUD (Planned Unit Develo ten , F• ' eh' 'n
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 R1 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 mov to cl the Dublic hearin Ms Broussard Vic kers seconded the motion
Motion 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 ITEM
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 )
Ms, Broussard- Vickers moved to recommend to the Council approval of the preliminary plat
su.- t et ec•n - r ofth- C Enar- -r. d'.,ic Work . Dire tor wi se eni•n •
the road and that the plat is presented to the Park and Recreation ommission at its next
chso -d m-- i hai Welk sec. .ed the m• io . M• - .n carried n. ou 1
Action on Special Use Permit for an Auto Electrical Repair Shop
Mr. LaMotte recommended the Council approve the Special Ilse Permit request for an Auto
Electrical Renaair S 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 Temp Cul de
M :r.uss,r. -Vi ker •v-. to . end . re Coun . •trop. if _ e v. an - r-.ue t or
art,. •v- r800' 1 - uhwi a -m.• , cul -r- , • h- .i ,-Lion. t• .-- wih h-
eneineer'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 Rl to PUD (Gerald Rehbein)
Ms, Brossard- Vickers moved to untahle the Rezone re • - - . • • re- , • - - re.u- be to
the developer signinga 69-day rezone waiver form and that the res'dent duly noted specific PUD
requirements. as outlined in the ordinance is addressed. Chair Welk seconded the motion,
Motion carried unanimously,
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•
DISCUSSION ITEMS
R• h d 1 • ov rob •r3 PI,nnin: •ndZonin' eein t i Nov mb r10 1 "8- Tabled
Amend Ordinance #5 Discharge of Firearms - tabled
CONSIDERATION OF MINUTES
M: c 12 1998 Pl : n I in : n ! onin • Mee in ! Min •
Mx. LaMotte moves o acc- .t the . h 12 1998 Pl.nnin• and . onin• -efn• minutes. air
Welk seconded the motion. Motion carried unanimously.
A pri17. 1998 Planning and Zoning Meeting Minutes
The Commission recognized no meeting was held on April 7, 1998.
May 5 1998 Planning and Zoning Mee M - Tabled
Ju e 2 1998 '1: onin i al d Z' tin • _ tint Min _tes - Tabled
July 7, 1998 Planning and Zoning Meeting Minutes
Ms. B .0 .r.- ick-r .v•. ..c - .t .1 199: ' annin Lid Z. 'n• M- -tin• n t- h
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.
Ordina #4 - Outbuildings - Saxt
Mr. Dan Saxton (1949 73rd Street) was present to discuss ordinance #4. Particularly, Section
34.06 - AM1 A.T IF • RD 1 P1 1) h• R 2:_R - 2 , • z.ni • .i
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 buildins 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 lots. 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.
ADJOU
M ir•us j.- Vicker .v -• • 1•'• rnth- • ,nnin• , ...o 'n• M- -'n•. Ch,• -1k
seconded the motion. Motion carried unanimously,
The September 1, 1998 Planning and Zoning Meeting was adjourned at 9:45 p.m.
Respectfully Submitted,
Ry -Chel Gaustad, CMC
City Clerk
6
CENTERVILLE ECONOMIC DEVELOPMENT COMMITTEE
REGULAR MEETING MINUTES
TUESDAY August 16, 1'B
Pursuant to due call and notice UHereol ti e Centerville ECW'jffli
Development Committee held their regular szheddiej 11:'27:iji 0—
PuouA lai+ 19 Lheirperson Tiu ehbine called the e-ie;.lud ;c
order et 7:10 P.M. Present Pier'? Cadra- Theresa ith'enhh., %I
:Aaron Paul Hontain. Cthere present: Lucy Thompecn., hn Oesip
Team.
PIpproval of July 1956 Minutes
hotion by Nary Laora to approve trie ,iftiv iS. westing minuiJes_
second by Tim Rehbine. Paul Nontain: Abstain,
Dr:ontown Revitalization
Theresa Drenner passed out the fourth draft of the prodose
schedule for the Design Teem visit.
Lucy Thompson requested a few changes for times allowed for at:A:e
events and explained more about things that will be habzenifq
throughout the visit and explained about some thinri they ?flould
like to see.
TProfits from the raffle that was held during Fete Des Lacs
amounted to S 23E),&.2.), The Banner aroFits should be close to
lbOOLCeIC
Paul Montain will work on 11 1n4 topography mad5 for thir: visit,
irary Capra has 11 confirmed host families. SLe would still
to find one in the Center Street area.
Thieresa Brenner suggested coming up with a youth swvv i;:si po
lontl with the resident survev.
The ne>st meetinp will have to be helu un ;:ieptenb;:eL
to the primahy elections ahe on the reedier- scheduled 4,setipp
Bar City Goals & Objectives
Jim March stated the 2:tate has declared October d-ii a; Cities
1 .-Jeek. This is St chance for cities to promote whatever is
currently happening in their. town. The committee will discuss-.
tTlis further at the next meeting.
wpieture
Notion bv Nary Capra to adjourn the meeuind ab b:3iD P.M.. second
by Paul Nontain. P11 in Favor.
ilespectf I si .tted,
1 pwat et
L.bnell Westbrook
Tiebutv Clerh
. . -
CENTER V I LLE ECONOMIC DEVELOPMENT CONN I TTEE
REGULAR MEETING MINUTES
TUESDAY Au qm st 16. A 6
p ursuan t +.. a ua a a . 11 an d no t -li flst the Eeni fsry i 1 ,s Emco Qiit .iL.
Development Comm i tt ee ha id the i r regular sPhecluieS fi,oe ti up o..
August 1E). 19:713. Chairperson Tim Foshbine cal I ad the msei ino to
order at 7110 P. M. Pre sent : HaCY C9.DC2. Theresa Ene ner. Sim
Marc, Paul Mont a i n. Gthiso-s Liras ant : Lucv Thombs on. iTh Co i Eo
Team.
Aporoval of July liE Minutes
Mot ion by Nary Capra t o approve the iiil v l5• meet i nu m i nut e s_
s econd by Tim Rehbine. Paul Hunt ein
Downtown Rev it a 1 i z at i on
Theresa Erenner pa s s ed out the fourth draft of the prosose'.2
schedul a for the Design Team visi t
Lucy Thompson requested a f ew changes f or t Imes al lowed for
Events and explained more about things that will Le haopedino •
throughout the vi sit end explained about some things they would
1 ike to see.
Profits from the raffle that was held during Fete Des Lacs
amounted to $ 25D. 00. The Banner prof it s should be clo to
Paul Mont elf' '4±l1 tflork on f ind ind tociogrePhy maps f or the visit.
Nary Capra has 11 con f irmed host fao i I le e— She would sbill
•
to Find one in the Center Street area.
Theresa 2renner sup.: est ed coming ■.::o Wit; 2 youth survey CO LVi
along with the resident survey
The nekt fleeting will hay o 10 he held un iltedser
co the primary elect ions are C the reosiar schscl ul ed iis if ir
Star. City Goals lc Ob iect ives
Sim March Etat ed the State h s csciared October' E:---1 i as Ci ti a s
. ksieek. This i s. e chance f or c it i es to promote what ever 1 s
current 1 y happening in their t own. inc co tim itt ee k,s.i 11 discuss
thi s further at the next meet ing_
fl.d i °Urn
Not ion by Nary Capra to ad i ourn the me e ti nu at b: 30 P. M. , E econd
by Paul Nonta in. Al 1 in Favor.
F.espect f . e tt ed,
9 t
, c
il_n ell West brock
De out v L 1 erk
CENTER V I LLE ECONOMIC DEVELOPMENT COMMITTEE
REGULAIR MEETING MINUTES
TUESDAY Puoust 1S, i9S
Pursuant t o due cal 1 and not ice H ereo I. Uri Oent arville Ecfs: -.i!IL
Development Comm it t ee held their- regular sGhePG.1 eG [t:ea ',Apt: o_
1:4uqust 1i. 199a.. Chairperson Tim Rehbine called the
order et 7 : 4 0 P. hl. Present ; Mary Ca Or 3 . . Th a re s a h. ,.- e (firs r
Nerch, Pa.ul Mont &A .n, Otheys Grseent : Ludy Thomos o
Team.
Poproval of 5u1 v FicJE, ivilnutes
Mot ion by Nary Laore. co approve rile 1L.k 1 v iS,; meet inu
second by Tim Rehbine. Paul Montain: Abstain.
Cownt own Re v it al i zat ion
Theresa Drenner passed out the f ourth draft o f the goGosaG
schedule f or the Design Team visl t.
Lucy Thompson request ed a few changes for ti m as al lowed for a .,me
a
vents and explained mere about: thlnus that will be hagGeAlyo
thr•ouphout the vi sit and explained about some things they would
1 ike to see.
Prof its from the raffle that was held during Fete Des Lacs
amocnted to . a: 2 &O. The Banner grof it s ehoold be close to
Paul Montain wi 1 I work on f i nding t000praphy maps f or tbs. vial t.
Mary Capra has 11 conf irnled. k_ families. wocld .s 'Gill liars
to f ind one in the Cenler El:reet erea.
Theresa Brenner supdeated coming up w itD a voulh suryev lu l_r_
along with the r ltent survey.
Ihe next meet ing wi 1 1 hak e to be held rn EedtamGer i, i'l;itr3 dcAs
G O the primary el ections ere on the rodu ler s pG hr: e 1
e*e.
Star Cit v Goal s & Lb iectives
j± :l Narch st at ed the Elate ha e ;1 1 a. Oct uber t:-.11 as CI ti Gs
Week. This i s. a chance for cit i es to promot e what ever I s
co.rrent 1 y happening in their t own. ft committ ee v±11 LI s-Guss
tni s further at the next meeting
. .
e g±-2Y,:fla
Mot ion bv Mary raora to ad 1Q tHe me e t i mu at 64 P. M.. seoond
by Paul Montain. Ht i in Favor.
Fespect f i it t ed.
• et
C.....nel 1 West Prock
Deputy Cl erk
MEMO
To: Ry -Chel Gaustad, City Clerk
From: Paul Palzer, Public Works Director/Building Official V'
J
Re: Detached Accessory Buildings
In regards to your request pertaining to the size and height of accessory buildings, the
current ordinance has only two controlling requirements. The 14 foot height requirement
and the 10% area of the rear yard. I believe that a maximum square foot size for an
accessory building of 200 square feet with a maximum wall height of 8 feet would meet
the expectations of most residents who do not what large buildings. A separate definition
for an accessory building excluding garages would have to be added to the ordinance
language. The planning and zoning commission may also want to limit the maximum
square footage of garages in town to 1000 square feet as a controlling device.
If I can be of further assistance please let me know.
MEMO
Date: October 2, 1998
To: Planning and Zoning
From: Paul Palzer, Public Works Director/Building Official
Re: Center Villa Plan Review
***************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
I have reviewed the preliminary plans for Center Villa and have the following comments:
1. The current floodway and floodplain are not identified on the plans. According to the
FEMA map, the current building and lot are in the floodway and would require at a
minimum a "Letter of Map Amendment" showing the building is out of the floodway.
2. The existing watermain from the north on Brian Drive is a 10" main. This main should
be extended as a 10" main out to 20th Ave. and connected to the new 12" main.
3. The watermain used in town is PVC, not DIP ( ductile iron pipe).
4. A variance will have to be granted for the butt lots on the plan.
5. A Rice Creek Watershed permit is required prior to approval.
6. The Plan does not show the continuation of the sidewalk from Brian Drive and Eagle
Tn1.
7. The plan should show the existing floor elevations of the existing buildings.
8. Lot 12 Block 2 appears to have a elevation approaching 10% slope for the driveway
for its Length.
9. The street design needs to show the drain tile in the sand.
10. The lots on the cul -de -sacs have less than 100 feet of width at the house setback line.
11. The minimum rear yard setback is 25 feet, not 35 feet as detailed on the plans.
12. The NWL (normal water level) and HWL (high water level) for the northern pond is
not identified.
13. The grading contour on the adjacent residential properties needs to be shown so that
the grading for the new subdivision can be matched to the existing grades.
MEMO
DATE : May 1, 1998
TO Planning Commission
FROM : Jim March
RE Amendment to Ordinance #5 - Discharge of Firearms
r**** ***************************** * * * ** * * ** * ** *** * * * * * * * ** * ** ****
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
04/17/SE 11: °_S CITY =R CIRCLE PINES 4 e12 423 6E29 td0.04E P?1
CITT Of CIRCLE PINES
ANOEA- CatINTY, MINNESOTA
O t, XNAPICE NO. 44
An Ordinance Amending City Code Section 72C Weapons
The City Council of the City of Circle Pines does ordain as
follows:
Section 1. The City Cude 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.
Subd. 1 Daneous Weston. "Dangerous weapon"
;neaps any firearm; whether loaded or unloaded, or any
device designed ars a weapon and capable of producing
Z, death or great b;,1ily harm, or any other device or
instrumentality which in the manner it is used or
intended to be used, is calculated or likely to produce
death or c, a: +gat bodily harm. The
tern "dangerous weapon" shall include, but not be
a
o f ffi limited to, the f :L1owing:
1. All firearms;
2. Ali instrumenxs used to expel at high velocity
It A any pellets cc single projectile of any kind,
® ° including, but not limited to E.B. guns, air guns
o ` V and rifles;
3. Sling shots;
LL 4. Bows and err : :�+3;
a
5. Cress bows;
c 6. Sand clubs;
7. Metal knuCklygax;
8. Daggers, dir'; knives, switchblades or spring blade
or push knivlys, stilettos, or black jacks;
9. Chinese throwing stars;
10. Nunchakus
11. Sharp studs: and
12. Blow guns.
Subd. 2 Dan:nous instruments. "Dangerous
instruments" shaYL be defined as any instrument or
device designed k.• throw, hurl, shoot, project or toss
any stone, missile, projectile, marble or any ocher
objects includin, but not limited to: sling shots,
04%17/98 11:56 CITY : :F = IRR =LE PINES 4 612 42= S6 N0.0 49. PE
sling bows, spear tete:wers or other devices that are
manufactured and deegned for that purpcse or designed
for some other purp:r_ but put to such use.
720.02 Proh•'.hited Astto, x It is unlawfee for any person
to:
e. Recklessly handle or use a dangerous weapon,
dangerous enetrument or explosive so as to
endanger the safety of another.
b. Aim or point any dangerous weapon or dangerous
instrument, whether loaded cr not, at or
toward any 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 ehe city. Any dangerous instrument,
which is ;.rung or capable of use, not stored
or ccntaiv•Eci in a container or secure case to
prevent its immediate use, shall be considered
a vjolatiee of this ordinance.
d. Manufacture or sell for any unlawful purpose
any weaptr,. known as a slingshot or sand club.
e. Manufactuee, transfer, or possess metal
knuckles c:r, switchblade knives opening
automatically.
f. Posse92 ere other dangerous article or sub-
stance foe the purpose of being used
unlewfully as a weapon against another.
g . S o r 7e_:ve in his /her possession any device
designed to silence or mtiffie the discharge of
a firearm -
h, Permit a e ild under 18 years of age to handle
or use, ceteede of the parent or guardian's
presence. ;a dangerous weapon, dangerous
ir.strume::-_, or any ammunition or explosive.
Furnish e rigor under 18 years of age with a
da.-gercut. ueapon, dangerous instrument, ammu-
nition cw explosive without the written
consent c e his /her parent or guardian or the
police deee rtmeet.
720.03 Minors. No m:.: under the age of 18 years shall
handle or have in hoe /her possession or under his /her
control, except w:h le eecompanied by cr under the immediate
charge et his /her parse a or guardian, any dangerous weapon
or dangerous instrumene.
2
04/17/98 11:_6 CITY OF CIRCLE PINES 3 612 429 6:29 N0.049 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 in the lawful defense of
person, property, family or the necessary enforcement of the
law.
•
720.06 Exception. The 'previsions 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.
720.0/ Penalty. A violation of any provision of this
section shall be a misdeneeanor.
SECTION 2. This ordinance shall be in full force and effect
from and after its passage and publication.
Passed by the City Council this 13 Day of January, 1998.
Lee Ann Osbun, Mayor
ATTEST:
/Sae
=-.es W. Keinath, City .Administrator
(SEAL)
•
First Reading: December 23, 1998
Second Reading: January 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.
t o of e 1880 Main Street • Centerville, _NfL 85038
Tstabfuked 1857 (612) 429 -3232 • Fax (612) 429-8629
September 24, 1998
Mr. Robert Joslin ew
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
X /
CITY OF CENTERVILLE
ORDINANCE it49
AN ORDINANCE RELATING TO NOISE, PROVIDING FOR -THE ELIMINATION ANDS•
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
prohibition:. is not-limited by+ the: - specific restriction
of-the:following subdivisions .•" : tae
Subdivision 2. Exhaust. No person shall discharge the
exhaust?orrpermit:thecdischarge bf° 'theoexhaust of any
steam engine, stationary internal combustion engine,
• motor boat, motor. vehicle, oresnowmobile except:=through
a - muffler:: or. othen Odevice..that•effectively prevents
loud,-;.or explosive - noises -. :.therefrom- and - complies with
aIl_atate.:laws. and. regulations.: .
Subdivision 3 . :Loading“..-unloading . . .N o - , person
. shall• -creates! loud, and excessive,. noise -.in loading,
- unloading ;..lor : unpacking any.. vehicle between the hours
of_.10:00 p.m_.land 7;OOea.m_ �n•zer.ar_ �.wz n .
r f :u ^:n. lad t:: t$r,r•u ..
Subdivision Radios,` phonographs, 'systems, etc.
No person shall use or operate or permit the use or
operation of a any::__:radio 'receiving : musical
instrument phonograph, paging:' system ;`:machine, cr
other- devices 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 • 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 violaion of this section.
Subdivision 5. Participation in noisy parties or
gatherings. No person shall participate in any party
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 repose of. persons in the
vicinity by its frequent or continued noise.
Section 2. ,Hourly Restriction on Certain Operations.
Subdivision. 1.. Recreational vehicles. No person shall,
between the hours of 10:00 p.m. and 7 :00 a.m., drive or
operate any minibike, 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. It shall. evaluate. each ; and
take its evaluation into • :in approving or
disapproving the license or 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 occdrs "or continues
constitutes a separate,offense. 'a'`
•
Section 4. Severability. 'If any provision of ,5this 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 therordinance and the' application
of the ordinance to any other situation, shall not be
invalidated.
d leba -. . _ ^trh,_ .
Adopted by this City Council this 10th o 1990.L
ayor Or
,.. sac'....
ATTEST: .. N.
// / / , 6i
Clerk /Admini =t =t= - - -
. - 41:3 -
- . .] Y
_ . - .
.. • ..r'. :F:. . • but '1 ^g 'a:
•
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.
CENTERVILLE ECONOMIC DEVELOPMENT COMNITTEE
REGULAR MEETING MINUTES
TUESDAY August 1@, 1998
Pursuant to due call and notice thereof, the Centerville Ecunueio
DpveIcoment Committee held their regular s eeetip" ,.,
August 18, 19S8. Chairperson Tim i.iehbine called the ut!eli/.4 to
order at 7;10 P.M. Present: Mary Capra. Theresa Erpone/. Jim
March, Paul Plantain. Ethers oresent: Lucy Thowosc:, iin 2issioo
Team.
ApprovalojJuly19SIMinutes
Nation by Nary Capra to app the Inv i'D.56 m*eti;,u nir/xtes.
seccnU by Tim Rehbine. Paul i`|ontain: Abstain.
Downtown Revitalization
Theresa Erenner passed out the fourth draft of the prnoased
schedule for the Design Team visit.
Lucy Thompson reouested a few changes for times allowed far some
events and explained more about things that will be heouening
throughout the visit and explained about some things they w»"ld
like to see.
1
Profits from the raffle that was held during FeteHDes Lacs
amounted to 259,00. The Danner orofits should be close to
150Q�@W^
Paul Montain will work co finding t000grauhv maus for tHe visit.
Nary Capra has 11 confirmed host families. SLe would still iixe
to find one in the [enter Street area-
Theresa Brenner suggested coming sD with a vouth survv 'CO op
along with the resident survey.
The next meetinu will have to Pe held uo 6eztemPe i` iDa2 d^e
to the primary elections are on the regular schudi.J. mecti'.u.
c.ate.
S:Gar. City Goals &Obiecti
jim March stated the State has declared October L-11 as Cities
W eek. This is a chance for cities to ornmnte whatever is
currently happening in their town. inc committee will discuss
tnis further at the next meeting.
F� 0 ..=.
Motion by Mary Capra to adicurn the meetinu at E,Se',l' P.M., second
r> Paul Mcntain. Ali in Favor.
F.espeztf l b itt d,
� ��nell Westbrook
Eyouty Clerk
CENTERVILLE ECONOMIC DEVELOPMENT COMMITTEE
REGULAR MEETING MINUTES
SEPTEMBER 14, 1998
Pursuant to due call and notice thereof, the Centerville Economic Development
Committee held their regular scheduled meeting on September 14, 1998. Chairperson Tim
Rehbein called the meeting to order at 7:05 p.m. Present: Mary Capra, Theresa Brenner,
Jim March, Paul Montain, and John MaGill. Others present: Lucy Thompson and Penny
Simonson, both from the Minnesota Design Team.
Approval of August 1998 Minutes
Motion by Mary Capra to approve the August 1998 meeting minutes. Motion was
seconded by Paul Montain. Motion was carried with John MaGill abstaining.
Downtown revitalization
Thersesa Brenner passed out the fifth draft of the proposed schedule, for the Design Team
visit. Only minor changes were made.
Facilities - They will have a site manger at the school for $12 per hour. The position
would entail approximently 13 hours, for a total of about $156.00 We will need
volunteers for set up and tear down. We will need to find a cordless mike to use. Paul
Montain could find a slide projector if the school cannot supply one. TJ from the Cable
Commission will be available for taping a lot of the time.
Presentation - Centerville Lake Association and Rice Creek Trail Association to date have
not responded. Randy Hagerty would like to give a presentation. Confirmation letters
have been sent out to all others. Jim March has all the maps ready. Paul Montain will
drop off the topography map.
Fund Raising - Is now completed. Some collection is still necessary.
Lodging - Mary Capra stated lodging is completed. There will be twelve members visiting
with the students.
Public - Working on direct flyer. The school did a write -up in their newsletter. Could
possibly do a flyer with the agenda on it, or possiblibly do an ad in the Quad. Flyers are
available at St. Genevives Church.
Food - Theresa Brenner and Mary Capra checked out Sams Club and also met with Bill
Bisek. They decided that it was more cost effective to do it ourselves with help from the
church volunteers. Sunday Brunch will be held at Kelly's.
Tour - Tim Rehbein and Theresa Brenner came up with a route for the walking and bus
tour, Tim Rehbein will do the lead on the bus. Then Mary Capra and Tim will lead the
walking tour.
Community Survey - Surveys were distributed to residents in postage paid envelopes.
41% were returned.
Photo Surveys - Lakes and Churches were favored.
Downtown area was the least favored.
Volunteers - Theresa Brenner stated that more volunteers would be needed for set -up and
tear down of the chairs and tables at the school.
Budget - Theresa Brenner stated that the total revenue would be approximently $5300.00,
and the total estimated expenses are at $4770.00. There are still a few minor expenses
that are still outstanding.
' 1,0 , . . _ I I S u; • - Cities Week this year is being held October 5 - 11. An
option would be to do an open house to show sketches of the design team visit. This
could just happen all week long during office hours.
Grant for recycling - Currently there is $10,000 in the preliminary budget. Intern James
Bownik is studying the information and will be working on this grant.
Studebaker - No update.
Newsletter ads - Money will continue to go to EDC with the exception of the charge for
set -up fees charged by the printer.
Adjournment - Motion to adjourn at 8:55 p.m. was made by John. Motion seconded by
Mary Capra. Motion carried unanimously.
Respectfully Submitted,
Aimee Fairbrother
Special Thanks to everyone who attended the Preliminary Meeting for the
Design Team (Tuesday, Aug. 25, 1998)! Great ideas for a great start!
Concerns Regarding Centerville
• With growth, noise level is too high, especially along the main traveled roads through
town.
• Too many cars & too many people already.
• The unappealing and "cluttered look" with the current downtown businesses.
• Community pride
• Poor water quality of Lakes, especially with new developments.
• Garbage from Waterworks in lakes and around shores.
• Underage drinking at Waterworks. Waterworks & Main Str. too much a police "troubled
area."
• Current parks are too "tucked away ", dark and not very inviting.
Would Never Like To See In Centerville
• No new businesses in what is considered the current downtown area.
• No new bars in Centerville.
• No freeways through Centerville. (14 or Main Str., grand plan for future highways can
be found at public library.)
• No new duplexes or multiple- unit - housing complexes in Centerville (excluding Senior
Housing)
• Never allow businesses on city's vacant land (Sorel Str. & Centerville Rd.)
Would Like To See Chanced In Centerville
• Move all businesses down east toward freeway area -- Keep all businesses in the same
area, not peppered throughout the town.
• Create a new area for "Downtown" (i.e. - more towards 35, 20th & Main) Turn current
downtown area into residential area.
• Clean up look of current Centerville businesses. Give them more of a quaint look. Get
rid of multiple buildings per business, especially those that are falling apart.
• Restore buildings and homes in Centerville to original condition.
• Get regulations or covenants for businesses & homes "in the books" so as to ensure
consistent and constant esthetic appeal.
• Take down old public works buildings on Sorel Str. and move out of downtown area and
closer to 20th & 14. Keep all city offices together.
\A /:.J.... AA..:.. C\.....• �1, kv - M ck6,-t ,S .
• Change Waterworks into a fancy supper club -(i.e. - Toby's By The Lake)
• Put up signs around town, "No Jake Brakes ", as in other towns.
Dreams For The Future
• Have a coordinated Master Plan for ell of Centerville, with immediate and specific
emphasis on the esthetic appeal of the current downtown area. Have Design Team help us
with these ideas.
• Would like to see Design Team give us ideas on how to limit growth, even though some
growth is inevitable.
• Like to live in homes in peace and quiet.
• Downtown area become more like that of White Bear Lake, with quaint shops. (i.e. -
Antique, gift and coffee shops) Shops and streets have a French theme decor, in keeping
with Centerville's French Canadian & Indian heritage.
• Walking path down Main Street & Centerville Road. Connect walking path of Lino Lakes
to future & current walking paths in Centerville.
• A Centerville Community Center (indoor pool, game room, tennis, gyms, etc.- perhaps
on the church's 10 acres ?) - Others have expressed if that 10 acres sells, should be
kept residential. Move Community Center more towards the "new" downtown area (35 &
14). Perhaps corroborate with neighboring towns (Hugo, Lino, Circle Pines, Forest
Lake, White Bear Township) for Community Center on 14.
City's Vacant Lot (old public works & fire hall area):
• Put in a rose /flower garden, with fountain (very French), benches and Gazebo on the
city's vacant lot. Seniors from Senior Housing & other citizens could help to maintain
gardens.
• Take down Public Works building.
• Preserve jail part of building at current public works - turn into a museum.
• Turn city's vacant lot into park.
• Incorporate museum & park on city's vacant lot.
• Cemetery - paved road with better and more appealing fencing & lights.
• For higher community pride: fashionable French lamp posts along sidewalks with
Centerville flags that would change with the seasons. Hanging flower baskets, garland
and light strands from telephone and lamp poles. A Centerville LOGO & phrase.
• Encourage all new Centerville businesses to be "high quality."
• Give current parks a facelift.
8/25/98
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