HomeMy WebLinkAbout1998-09 Packet RICE CREEK WATERSHED DISTEICT (raa ant. „s. cnY)
SUITE 330 ARDEN PLAZA PERMIT APPLICATION NO. 98 -88
3585 LEXINGTON AVENUE N REC'D OFFICE 7_g_98 RECD ENGR 7 -10 -96
ARDEN FIILLS MN 55126 -8066 NOTICE SENT 7 -1n -98
TELEPHONE (8121483.0634 AGENDA 7 -22 -9
FAX (612)483 -9186 PERM1TF2r.E$s00 ck#05235R fro Glenn Rrhbrin Excava ;ir
City of Centervil'e
Montgomery Watson [nC.
Inspector 6rough PENT APPLICATION
RC41D File
TO BR COMPLETED BY APP,LSCANT - PLEASE PRINT
Owner Die EC t Non 'Cs 'note Date 14 4, 9 r4/ //CS
Address Pa, See.. ,C1 _ Day Phone re 2t, "'4(1 ?pax* TP,I -G oof
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Permit ax...c),,., rr a,,,, _r ,.s IREQUEST A PEBM'1 FOR TEE FOLLOWING PRMOD OF
[_3 Comprehensive Stonnwaater TJM}; TO ALLOW COMPLETION OF TEE PROJECT:
M+wagament Plan Li 8 MONTHS
Land Development Plan (subdividing) 7 LI 18 MONTHS
(_ Final Site Drainage Flea 12 MONTHS
Use and/or Appropriation of Public Waters 24 MONTHS
(_l fridge and/or Culvert Construction Plan Masse contact District 0113ce to dins an __sari_
L� Wethuid Altars/ion Plan if you do not complete your pled In this time period.
( _l Private P�sn) t Plan
[_l Other (explain Remarks)
rages Name Ph*, FA %P: to / /.:e., eke was /l y
PROPOSED CITY/COUNTU TATE F " r 6 S as
PROJECT CONTRACT AWARD DA2Tc Cer rtfc.- Ara+7-w ^,
REMARKS:
Project Name: _ y.C 4 etch -9 r/r rr,.,.tl+, it wfG
Project Purpcae: C4c.*_ /n ,5'� ^ LeTE
Reelect Location: '_tail Syrtis 12 e- t 73 'II d
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City or Township: C+r7`a/aat //w
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C&1 ( 812) 4834634 if assistance in completing this form is required. Please attach drawing", plans and other data as
outlined in 'Rice Creek Watershed District Permit Information
form along with the appropriate fee according to schedule oa Page 4 of the Permit - available rm it ] d Inf request Mao or ,a this
seta of appropriate exhibits to the above address for this Permoe no t p Brochure. hide your ad tt use
for any IIeQeeaet7 Permits that 'may be required from other governmental l agencies.
dies not preclude r applying
Form A8-78, Revised 01 -01.96
----' CITY OF CENTERVILLE
COUNTY OF ANOKA
STATE OF MINNESOTA
REZONE PROPERTY
NOTICE IS HEREBY GIVEN that a public hearing will be held before the Planning and
Zoning Commission of the City of Centerville at City Hall, 1880 Main Street. The said
meeting will take place on Tuesday, August 4, 1998, at 7:00 p.m. or shortly thereafter. The
purpose of the hearing will be to hear all persons present regarding the possibility of
rezoning the following property:
E 1/2 of S '/ of NE 1/4 of SE 1/4 of Sec. 14, T31N, R22W Anoka County
The request is to rezone the above- mentioned property from RI Rural Residential use to
PHD - Planned Unit Development use. At the said time and place, the City will give all
parties present an opportunity to express their views with respect to the proposed request
to rezone the stated property. Written comments will be accepted at City Hail until
Tuesday, August 4, 1998, at 4:00 p.m. City Hall is ADA accessible. Request for hearing
assistance devices or a sign language interpreter must be received before July 24, 1998.
Such a request may be made by telephone (429 -3232) or by facsimile (429 - 8629). All
interested persons are invited to attend and to be heard. You may call City Hall at 429-
3232 if you have any questions.
July 13, 1998
/s/ Ry -Chei Gaustad, CMC
City Clerk
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a,terviCle 1880 Main Street • Centerville, 9l-(T( 55038
ca Estahfisked1857 CITY OF CENTERVILLE (612)429.3232 • Fat (612) 429 -8629
APPLICATION FOR VARIANCE OR REZONING
VARIANCE FEE
REZONING X DATE PAID
STREET LOCATION OF PROPERTY: 7305 & 7353 20th Ave,
LEGAL DESCRIPTION OF PROPERTY:
E 1/2 of S 1/2 of NE 1/4 of SE 1/4 of Sec. 14, T31N , R22W Anoka County
SIZE OF PARCEL (S) 10 acres
PROPERTY OWNER: Rehbein Properties PHONE # 426 -1345
FEE OWNER: Rehbein Properties
ADDRESS: 6805 20th Ave S, PO Box 324, Hugo, MN 55038
APPLICANT'S INTEREST IN PROPERTY:
x FEE OWNER CONTRACT PURCHASER
LEASE HOLDER OPTION TO PURCHASE
DESCRIPTION OF REQUEST: Change zoning from R1 Rural Residential
to PUD.
REASON FOR REQUEST:
To develope a complex
t �+�i`� i ii ' „ 41: * Plus any additional costs
Signa re of . , licant incurred for engineering,
r legal fees, publication or
ignature of property owner other requirements.
- 7 -7 -9s,
Date
CITY OF CENTERVILLE
PLANNING AND ZONING COMMISSION
MAY 5, 1998
Pursuant to due call and notice thereof, the Planning and Zoning
Commission of the City of Centerville held its regularly
scheduled meeting on Tuesday, May 5, 1998, at City Hall, 1880
Main Street.
PRESENT: Chair Kathy Welk
Linda Broussard - Vickers
John Buckbee
ABSENT: Tina Vermeulen
Al LaMotte
STAFF: Jim March, Administrator
Ry -Chel Gaustad, City Clerk
Paul Palzer, Public Works Director /Building
Official
CALL TO ORDER
Chair Kathy Welk called the meeting to order at 7:05 p.m.
PUBLIC HEARING (S)
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
shah b ubdivid d w hich i held unsuitable by_City Council for
reason of floo inadenuate drainage water suoD or sewage
treatment facilities All lost within the flood plain district
shall contain a building site at or above the Regulatory Flood
Protectio Elevation Al l subdivisions shall have water and
1
sewage disposal facilities that comply with the provisions of
this Ordinance and have road access both to the subdivision and
• * 'n•__.it ., • i1• - • •w-r h.n • - •• •-_• h-
Regulato*-v Flood Protection Elevation. "
Mr. Palzer added, a property owner can fill the flood plain, but
not in the floodway. In addition, each proposed property must
have a buildable site, in the case reconstruction is needed. If
the current building is 51% destroyed, the proposed lot must have
an area outside of the flood way to build another building. The
city cannot issue a building permit to reconstruct the existing
building if it is destroyed by 51% or more.
Chair Welk confirmed the existing building is in the flood way.
Public Hearing closed at 7:20 p.m.
Mr. Palzer noted city ordinances require new structures be two
feet above flood plain elevations. Mr. March said the legal
council noted the subdivision can be approved with an approved
variance.
Mr. Buckbee questioned Staff if the business owner considered
purchasing parcel "A' with parcel "B." Ms. Green replied selling
the property as a whole is too financially restricting for the
proposed business owner at this time.
Gerald Rehbein - MUSA Swap
Mr. March gave a brief overview of the different MUSA dedicated
phases and he noted the request to relocate MUSA from the
property on the north east corner of the city to the property
located south of Main Street and west of 20th Avenue. Also, Mr.
March updated the Commission on the City's Comprehensive Plan and
its MUSA designation areas. Mr. March added, the proposed MUSA
Swap would afford the city and property owner to develop the
strip of land along 20th Avenue. Also, the proposed property is
not slated for MUSA until year 2001.
Chair Welk inquired about comments from the Metropolitan Council.
Mr. March commented the best way to address the MUSA shortage on
20th Avenue is to switch the MUSA properties.
Councilmember Helmbrecht questioned Mr. March about requesting a
Comprehensive Plan amendment from the Metropolitan Council. Mr.
March replied the City is not required to file a formal
Comprehensive Plan Amendment. However, the City will need to
inform the Council that a "House Keeping Amendment" will need to
be completed.
2
Chair Welk questioned the audience for comments in regard to the
MUSA request. The Planning Commission heard no comment from the
audience.
Public Hearing closed at 7 :24 p.m.
Bill Bisek - Variance
Mr. Bill Bisek (7098 Centerville Road) presented a plan to expand
Kelly's Korner on the northeast corner of the building. Mr.
Bisek noted the expansion will create an ADA entrance into the
bar area, provide a larger kitchen and dinning area.
Mr. March commented several variances have been issued in the
downtown area. This appears to be because of non - conformance
issues. Mr. March added, the addition will not be further north
than the existing north wall.
Ms. Brossard- Vickers questioned setting precedence. Mr. Palzer
commented variances can be issued to bring a building to a less
non - conforming building. Mr. Buckbee questioned Staff if the
existing building was destroyed and then rebuilt would the
building be within the required set backs. Mr. Palzer noted the
County requires a 50' building set back from the center of
County Road 14.
The Planning Commission suggested waiting until the Design Team
reports its findings to the City, prior to approval. Mr. March
commented the Design Team will make recommendations to the City
on linking trailways, providing downtown access. Chair Welk
questioned Staff as to the Design Teams time line to report back
to the City. Mr. March commented the Design Team should report
back its findings by mid - September.
Mr. Buckbee questioned Staff about the County's variance process.
Mr. March said Anoka County has plans to widen Main Street.
However, it may be in the City's best interest to develop its own
way prior to that time. Also, Mr. March understood the City has
planting power.
Mr. Bisek noted zoning ordinance #4 needed 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.
Public Hearing closed at 7 :42 p.m.
3
Amendment to Ordinance 44A
Chair Welk read aloud the public notice, the current ordinance
and the proposed amended ordinance. Mr. March clarified the
reason behind the ordinance amendment which was to eliminate pole
buildings and address wood frame buildings. Essentially, one
building constructed of brick may be worth $800,000 whereas, a
building next to it may be constructed with wood frame material
and worth $200,000. The taxing capacity is different due to the
site and value of the building.
Public Hearing closed at 7:46 p.m.
APPEARANCES
R ger Kolsted - Rezone and Vacate Property South of Main St.
Mr. Kolsted reiterated he had met with the Planning Commission in
March and his request was denied. Currently, Mr. Kolsted is
requesting the Planning Commission to reconsider a bank at Main
Street and Dupre Road. Furthermore, changes have been
implemented to address the citizens' and the Commissions comments
from the last hearing. Foremost, a sidewalk can be constructed
from Dupre Road west to Progress Road, then north to Main Street.
The sidewalk would address school children walking. Mr. Kolsted
commented the property owners are willing to close on the land
and commence building in the spring of 1999. Therefore, he
requested the Planning Commission table the issue instead of
denying the request.
Chair Welk addressed traffic exiting onto Dupre Road. Mr.
Buckbee noted the property is currently zoned R2 (Single Family
Residential) and several new homes have been constructed on the
adjacent property.
Mr. March reiterated the city's position on spot zoning and the
City's requirement to act on rezoning requests. Furthermore, Mr.
March reported the city is in receipt of a 60 -day waiver form.
Thus, no action is required from the Planning Commission.
Mr. Jake Shoepe (7084 Dupre Road) stated he was opposed to the
bank construction on the corner to the Eagle Pass Development.
Mr. Shoepe also had concerns regarding the safety of school
children that walk to the elementary school.
Chair Welk noted receipt of a letter drafted by the Hammerick
family. (Exhibit A)
Ms. Roberta Wirth (7065 Eagle Trail) shared a similar situation
4
which occurred in the City of Mahtomedi, and she commented the
homeowners are very unhappy with the City's rezoning decision.
In addition, the Mahtomedi bank has been held -up for ransom which
subjects the neighborhood to violence.
Mr. Marcel Rivard (7022 Progress Road) voiced concern his
property may become landlocked if the Clearwater Road is vacated.
Mr. Kolsted clarified the vacation of road is from Main Street to
Sorel Street. Thus, the property in questioned would not be
landlocked.
Ms. Peggy Anderson (7082 Progress Road) questioned the Developer
who would pay for the sidewalk and its maintenance. Chair Welk
noted the city needs to acquire an easement prior to the sidewalk
installation.
Ms. Linda Paulson (1764 Main Street) commented the bank will not
create more traffic than the tree farm generated. Ms. Paulson
added, children should not be playing around Main Street area.
Mr. Rick Paulson (1764 Main Street) recalled when deer roamed the
area. Now, there are townhomes and diesel trucks running. In
addition, there is a chiropractic office on Main Street in a
residential district, a bank is better for tax purposes.
Mr. Buckbee emphasized the City's need to wait on acting until
the whole Main Street plan is considered.
Ms. Brossard- Vickers suggested waiting until the city receives a
report back from the design team, thus affording the city the
opportunity to work with all the properties along Main Street.
Also, unfortunately, neighborhood opposition does not determine
approval or denial if a property is rezoned.
Ms. Roberta Wirth (7065 Eagle Trail) stated the zoning change
will have an impact on the safety and welfare of all parties,
which needs to be taken into consideration, as per state law.
And if not, what criterion needs to be net for rezoning.
Mr. March replied the city has "Police authority" which gives
them zoning rights.
Mr. Buckbee commented Mr. Kolsted has presented an interesting
concept. However, the idea does not address spot zoning. Mr.
Buckbee recommended waiting until the design team brings their
ideas back to the city.
Mr. Bisek suggested the Planning Commission not place too much
5
weight on the design team. Ms. Brossard - Vickers replied Mr.
Kolsted's intent is to pursue the purchase of the property and
the construction of the building in the spring of 1999.
Therefore, it may be in the city's best interest to wait.
Mr. Doug Porter (7046 Eagle Trail) observed south of Main Street
is primarily residential and the main corridor of property is a
blend of businesses and homes. Mr. Porter suggested the city
cater to residential or commercial for future developments. Mr.
Porter added, he is opposed to the construction of the bank and
stressed the need for children's safety in and around the bank.
Chair Welk commented it is difficult to consider all options at
this time. It is the City's intentions to bring both
residential and business together in harmony.
Mr B k•-- «.V -. . • i -. •n• • .ul • •- • n it
not to approv the rezone and vac tion of gronerty request for
•, .f r -z• in. . • • w.i • - .own .w -v' .li . '•
committee report. Motion carried unanimously.
M . B • .r. -Vi k -r 4.v-• .nd i w. - .n•-. • r -.-- or fiv-
(5) minutes Moti on carried unanimously
John Snyder - Site Plan for Terminal Transport
Mr. March gave an overview of the proposed business. The
facility located at the south east intersection of 20th Avenue
and Ceder Street would be constructed to house offices for the
payroll business function and for a truck maintenance department.
Mr. March foresaw concerns with County Road 54 access.
Mr. Buckbee noted it would be nice for the City to attempt to
protect the residential properties south of Ceder Street.
Clearwater Meadows Industrial Park
Mr. Rehbein briefed the Planning Commission on a proposed layout
plan for Clearwater Meadows outlot and he discussed businesses
that are interested in building on the proposed property.
Ms. Brossard- Vickers questioned the properties zoning. Mr. March
indicated the property is identified as Bi Commercial.
The Commission discussed light industrial lot requirements of one
acre with a minimal lot width of 125' and the set back
requirements along County State Aid Road 54.
Mr. Buckbee explained the proposed layout meets the minimal lot
6
size. However, the rezone is not conducive to the comprehensive
plan.
Mr. Palzer suggested the City consider adjusting the ordinances
to allow light industrial and commercial in the same category.
The Commission discussed identifying commercial, industrial and
light industrial districts and its differences.
Mr. Rehbein noted the suggestions and commented updates will be
implemented and he will reproach the Commission at a later date.
Willow Glen Business Park (WGBP) Preliminary Plat
Mr. March reported on the WGBP and new developments. Mr. March
reiterated the October Commission meeting minutes where the WGBP
sketch plan was addressed. Mr. March also distributed a letter
from the City Engineer and another from Anoka County Highway
Department.
Mr. Rehbein pointed out a discrepancy in the right -of -way (ROW)
between Anoka County Highway Department and himself. Mr. Rehbein
felt Anoka County is requesting too much front footage for the
ROW. Mr. March commented the Commission moved to recommend the
developer address access onto County Road 14 (Main Street). Ms.
Brossard - Vickers questioned future access to outlot A. Mr.
Rehbein indicated County Road 21 north is proposed and will
service outlot A. Chair Welk recommended implementing one access
onto County Road 14 and one access onto County Road 21.
Mr. Rehbein stated the west access will be an exclusively right
turn entrance only and another in and out access on Main Street
and another on 20th Avenue.
Action on Lot Split Refit
Ms. Brossard- Vickers confirmed the city ordinance and the state
laws restrict lot splits in the floodplain /floodway. Mr. Palzer
read aloud uniform building code 7.0 and 7.1. In summary, a
property cannot be subdivided in the floodplain unless a
buildable site is located on both of the proposed properties. In
addition, the buildable area must be 2' above floodplain
elevation. Mr. Palzer noted a building can be constructed in the
floodplain. However, the building regulations are restrictive
and can be costly.
Ms. Brossard - Vickers confirmed the prospective owner knows the
property is in the floodplain and cannot be reconstructed if 51%
or more of the building is destroyed.
Mr. Jack Green (7007 20th Avenue) stated denying this request
7
places the property owner in an unusual position to pay taxes on
property that is restricted from utilizing the property.
Ms. Br. .r. -Vi k- miry-. .a• i w.s - •n. -• • -b - h- 1.
.1i in •r. -r • .. h -r m.r- inform. '.. -... • r- • i. -r th-
_ -.i_ • '.n .rri-• n -nim. 1
Action on the MUSA Swap
Mme, Broussar - Vickers moved to approve the MUSA swap request and
• - • -n. • h- •.t it M. '.n .rri -• . i ■_
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
-.1- r -.t - -. .. - . h- _ rr -n ADA n.n- • f. q .i..
Also, recommended the trash containers are enclosed. Motion
carried unanimously.
Ordinance 44 A
M Br. . .- ' - .v -. . • i w. - .n. -. • -._- • .in.n -
4't n '1 h- n .mm i.. t - - i .. • i.n ri -•
unanimously,_
Discharge of Firearms
Mr. Buckbee moved and it was seconded to table ordinance #5 until
n- .mmi i.n m -- i.. y. '.n -rri -• n.nit. 1
Uniform Housing Code
Ms. Brossard- Vickers moved and it was seconded to table agenda
-m unif•r t•_ -' • •.- n i he n- •l_ 'ol- u - in.
NMotion carried unanimouusly '
Adjournment
Chair Kathy Welk moved and it was seconded to adjourn the May 5,
1998 Plannina and Zoning Commission meeting, Motion carried
unanimously.
The Planning and Zoning Commission meeting adjourned at 10:35
p.m.
8
•
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 AI LaMotte
STAFF: Jim March, City Administrator
Ry -Chel Gaustad, City Clerk
Paul Palzer, Building Official/Public Works Director
David Nyberg, City Engineer
Phil Bergum, P.E. Engineer
Roll Call
Chair Welk called the June 2, 1998 Planning and Zoning Commission meeting to order at 7:05
p.m.
PUBLIC HEARINGS
Lessard Rezone _Re ue
Mr. Willy Lessard (21080 Floral Bay, Forest Lake, Minnesota) addressed the Commission and
requested the property at 7005 20th Avenue be rezoned from residential to commercial. Mr.
Lessard explained in the past, the property was zoned and taxed commercially. However,
recently the City changed the zoning from commercial to residential. Unfortunately, Mr. Lessard
was unaware of the zoning change, therefore, he is requesting the property be rezoned back to
commercial. Mr. Lessard further explained his intent is to focus on attracting good businesses in
the commercial area.
Mr. Ronald Lenz (7008 Brian Drive) commented him and his family moved from St. Paul to
Centerville for the peace and quite. Mr. Lenz read aloud a poem. In summary, the natural woods
and its habitat are beautiful, so please don't forget about the little chipmunks and birds when
considering to develop this property.
1
Mr. Lessard said he appreciated the citizens' interest in nature and noted the property was
classified commercial prior the Clearwater Meadows Development and the property will be
developed.
Mr. Michael Hunter (1917 Center Street) stated he has an investment to protect. The value of his
property will decrease if commercial businesses are built behind his home.
Ms. Maureen Wilson (7094 Brian Drive) stressed the through street connecting Brian Drive to
20th Avenue will increase traffic and the possibility of children getting hit by a vehicle.
Mr. Lessard proposed to install a collector street to have the businesses access 20th Avenue and
then eliminate a through road to 20th Avenue.
Mr. Donald Moe (New resident on Brian Court) shared him and his family moved two blocks to
stay in Centerville. However, had the property behind his lot been zoned commercially, he would
not have purchase the lot. In addition, he supported single family homes for the safety and
welfare of the community. Also, the property value will be consistent and the area will be more
esthetically pleasing to have his property abut residential homes rather than commercial
businesses.
Ms. Darlene Kurshener (7005 Brian Drive) commented had she knew this property may be
rezoned commercial, she would not have purchased her house.
Mr. Tim Pelican (1889 Center Street) commented him and his family moved to Centerville two
weeks ago to raise their children in a good community away from commercial businesses.
Furthermore, he is opposed to the rezoning request and he believes the streets would be safer
without commercial businesses located in the proposed area.
Mr. Brad Hanggi (7003 Brian Drive) stated the existing houses on Brian Drive and Brian Court
account for approximately twenty children and safety should be a city concern.
Mr. Paul Gordy (6936 Ivy Court) moved to the city seven years ago, because of the peace and
quite. Although, Mr. Lessard may lose money, if the property is not rezoned to commercial,
however, the current residents will lose money.
Mr. David Luke (7026 Brain Court) noted that recently he and his family moved from Peltier
Lake Drive to Clearwater Meadows for the natural surroundings. Now, he may be looking out
his back window at a commercial district. In addition, why should the residents' pay for the
City's lack of planning.
Mr. Brain Hoffman (1949 Center Street) said, whether it is commercial or residential the City
should be aware that all the water from the twenty -acre parcel drains into the small pond behind
lot 21, of Center Oaks development and it should be addressed.
2
Mr. Lessard comment there is an engineering study in progress to address drainage. Mr. Lessard
added, the bulk of the City's tax burden is placed on businesses, therefore, the commercial district
is a benefit to the City. Furthermore, Mr. Lessard would not propose anything that would be
detremental to the surrounding properties. The new businesses would be well designed with good
commercial buildings to blend with the residential area.
Mr. Jim March (7147 Brian Way) addressed several concerns that arose. Mr. March stressed any
property owner can make a request to the city and the request must be addressed by the City.
Therefore, the city is not endorsing the rezone request. Also, the City publishes public hearings
and notifies all residents within 350' of the property in question. Therefore, some residents may
not have been notified because their property is too far of a distance from the proposed property.
The City is governed by the people, comments and concerns are taken into consideration.
However, the City will do what is best for the City has a whole. Finally, the developments of
Clearwater Meadows and Eagle Pass were designed by the City to connect Eagle Trail and Brain
Drive.
Mr. Buckbee questioned Staff if the last comprehensive plan indicated the twenty -acre parcel was
zoned commercial.
Chair Welk noted receipt of three letters received from the Kurchener family (7005 Brian Drive),
Carter family (6944 Ivy Court), Johnson family (7017 Brian Drive), and the Lenz family (7008
Brian Drive) (Please see attached).
Mr. Buckbee moved to adiourn this section of the public hearing at 7:45 p.m Ms. Broussard -
Vickers seconded the motion Motion carried unanimously
Terminal Transport - Special Use Permit
Mr. Brent Coatney and Mr. John Snyder gave a presentation on Terminal Transports concept and
landscaping plan. The building will be approximately 14,000 square feet and will sit on 6.75 acres.
Terminal Transport Developers plan is to break ground for the new building on June 15, and open
for business in September of 1998.
Mr. March clearly stated the certificate of occupancy will not be issued until the utilities are
available and operational.
Ms. Norma Nadeau (6644 20th Avenue, Lino Lakes) questioned the business owners if their
entrance will be from 20th Avenue or Cedar Street. Mr. Snyder confirmed the business will have
access onto 20th Avenue.
Mr. March reported the property is industrially zoned and the lot size is similar to Northern Forest
Product's lot size,
Mr. Brian Hanson (1950 Center Street) said, the semi traffic has increased on 20th Avenue which
3
has caused an increase in noise and pot holes. Mr. Coatney explained the business will be used
for central dispatch and a semi truck maintenance service center. Moreover, the semi truck traffic
will consist of one to ten trucks daily, central dispatch hours will be from 6:00 a.m. to 11:00 p.m.
Mr. Michael Hunter (1917 Center Street) stated it appears the City of Centerville is becoming a
business community and then the City will not be a quite community.
Mr. Pete Nadeau (6644 20th Avenue, Lino Lakes) suggested the semi truck traffic be directed
east on Ceder Street to eliminate 20th Avenue traffic.
Mr. Buckbee suggested the developer screen the businesses from the residential district along
Cedar Street in Lino Lakes.
Mr. Joe Ulrich (7055 Cottonwood Court) commented additional office/ warehouse space will be
good for the community tax base.
Mr Buck m oved to c the Terminal Transport Special Use Pennit public hearing M
Broussard - Vickers seconded the motion Motion carried unanimously
Continuation of Ordinance #44A - Building Construction
Chair Welk read aloud ordinance #44A - building construction and its proposed amendments.
Mr Buckbee moved to close the Ordinance #44A - Building Constructi pu hearing M
Broussard - Vickers seconded the motion Motion carried unanimousl
Continuation of Joyce Stevens (Gree Lot Split Reque
Ms, Broussard- Vickers moved to close the Joyce Stevens (Crreene) lot split public hearing. Mr.
Buckbee seconded the motion Motion carried unanimousl
APPEARANCES
Mr. John Snyder Site Plan for Terminal Transport
Mr. Snyder approached the Planning Commission and requested approval of the Terminal
Transport site plan. Mr. March suggested revising the special use permit (sup) and require a
shield between Terminal Transport and the Cedar Street residences.
Ms. Broussard- Vickers confirmed the building size and setbacks are in compliance with the city
code. Mr. Phil Bergum addressed right -of -way (ROW) concerns referred to in a letter dated June
2, 1998. The engineering firm recommended implementing a 33' ROW based on the center line.
Likewise, Mr. Bergum suggested the Commission consider permitting the parking lot encroach on
the drainage easement to assist in drainage.
Chair Welk questioned the engineering staff in regards to the future expansion along the east side
4
of the property. Mr. Bergum noted the proposed parking lot allows for extra water storage. Mr.
March reported a pond is to be constructed north of the site. Mr. Nyberg commented the pond
plans are being prepared, however, Mr. Rehbein will propose a comprehensive drainage plan for
the 40 -acre industrial property. Mr. Buckbee questioned the engineers if the 40 -acre grading plan
concept is conducive to Terminal Transports grading plans. Mr. Snyder replied Rice Creek
Watershed District (RCWD) approved Terminal Transports grading plans.
Ms. Brossard- Vickers confirmed with Staff the sup is _compatible with contiguous properties, and
that 20th Avenue is able to handle the increased semi truck traffic. In the like manner, Ms.
Brossard- Vickers inquired about Anoka County's comments in regard to 20th Avenue access.
Mr. March stated 20th Avenue is maintained by Anoka County. Also, Anoka County requested
entrances accessing onto 20th Avenue are not within 200' of the intersection of 20th Avenue and
Cedar Street. The proposed entrance complies with Anoka County Highway Departments
requirements.
Mr. March reiterated the sup addresses the fact that no utilities are at the property and no
operation will be permitted until utilities are available to the property.
Mr. Nadeau hoped the City will restrict noise from the trucks and maintenance shop. Mr. March
explained the City has a noise ordinance.
Ms Brossard - Vickers moved to grant the sup contingent upon the drainage concerns be
addressed and no operation take dace at the site until utilities are available Also that there be no
access from this building. to Cedar Street in the firture and the Commission apnroves the site plan
as s ubmitted contingent upon th Cituv Engineernor
's a ova Mr B co
l uckbee seconded the moti
Motion carried unanimously.
Dick Travis - Sketch Plan for Moore Properties (7305 &7353 20th Avenue North)
Mr. Dick Travis (7264 Twin Lakes) briefed the Commission on a proposed sketch plan with six
lots, plus one 10 -acre outlot, on a 20 -acre parcel and he requested the Commissions consideration
for sketch plan approval. Mr. Travis planned to independently finance the utility improvements.
Incidentally, a trail easement is proposed to access the park and additional park fees will be in lieu
of park land.
Mr. March reported due to an abandoned house east of the proposed development, the sketch
plan is not in compliance with city ordinance. The ordinance states a septic system is allowed on
a minimal 10 -acre parcel, The proposed development will cause too many structures on the south
20 -acre parcel. Mr. Travis replied the existing house will either be demolished or relocated.
Chair Welk confirmed the property is within the MUSA. Mr. March said it is unlikely the utility
line will serve the east property because of the wetlands. Mr. Nyberg explained that a shallow,
10" line is located south east on 20th Avenue. Moreover, the utility connections will have to be
further investigated.
5
Chair Welk confirmed the proposed lots conform with the R5 zoning, 17,000 square feet
requirements. Ms. Brossard- Vickers suggested the Travis family return with a more defined plan
and she suggested they request to rezone the property from R1 to R5. Mr. March noted the City
will work with the Travis family to develop the developer's agreement, streets, curb, gutters and
utility plans and specifications.
Mr. Buckbee moved to recommend to the Council the property he developed as a R5 zoning
district. . Brossard- Vickers seconded the motion. Motion carried unanimously.
Husnik Homes - Sketch Plan for Property North of Main Street
Mr. Paul Husnik (2640 Westergreen, White Bear Lake) presented a sketch plan for the property
on the north east corner of Main Street and Peterson Trail. The proposed building will consist of
a couple retail units with rear delivery truck access. Mr. Husnik hoped the building will be
constructed and ready for occupancy fall of 1998.
Ms. Broussard- Vickers confirmed the first of two driveways is located 90' from County Road 14.
Mr. March noted the building is proposed to be of brick construction and encroaches 10' within
the drainage easement. Ms. Broussard- Vickers said the building meets with the B1 (commercial)
requirements, however four thousand square feet buildings are identified within the light industrial
zoning district. Therefore, Mr. Husnik may need to redesign the building or request a variance for
the building square footage.
Mr. Nyberg explained the building is proposed to encroach on the drainage easement. However,
there may be room on the east side of the property to create a deep swale so the drainage would
not be hindered.
Greg Watson - Starfir Gymnastics (Vacant pr operty south of Eagle Trucki
Mr. Watson (Senior Project Manager) addressed the Planning Commission and gave an overview
of the proposed building construction and the site plan for a gymnastics facility. The 15,000 sq.
ft. gymnasium is proposed to be located on Clearwater Meadows outlot C. The facility will be
used as a modified day care, dance studio and gymnastic training location. The owners plan to
hold summer camp and Special Olympics at the proposed site.
Mr. Buckbee questioned the project manager as to the height of the building. Mr. Watson said
the height is proposed at 21'. Mr. March noted the ordinance allows a maximum of 35'.
Ms. Brossard - Vickers questioned the engineer about the drainage concept. Mr. Nyberg explained
the drainage from the rear parking lot will drain into the creek. In addition, Mr. Nyberg
suggested extending the berm to buffer the residents from the commercial property.
Ms. Tina Riehle (7044 Cottonwood Court) felt concerned about the drainage because water
collects on the property and then the overflow drains onto her property.
6
Ms. Pam Neulkenes (7054 Cottonwood Court) asked what guarantees do the property owners
have that in the future the gymnasium will not be converted into an industrial building. The
Commission replied there are no guarantees.
Mr. Watson stressed a desire to obtain a building permit to ensure the business will be in
operation by September 1998.
Mr. Buckbee moved to recommend to the Council that the Planning and Zoning Commission
recommend Starfire Gymnastics he permitted within the uses of that district and that they may
.r•c- - • wit • . , • bli he, 'n• for , se ', e •ermit Motion seconded by Ms. Brossard -
Vickers. Motion carried unanimously,.
Ms. Brossard- Vickers moved to recommend the preliminary sketch plan is approved with special
attention to landscaping (to mitigate the west side of the property) and suggested the engineer
w•rk with t e • .'n, • - i e • ion seconded • Mr. B ck. - -. M.ti.n c.! ' - • unanimou 1
Action on Lessard Rezone Request
The Commission further discussed the Lessard rezone request. Mr. Buckbee commented traffic
will increase with more homes and suggested leaving the property zoning as is, commercial and
residential. Mr. Lessard explained a blend of doctors offices, dentists offices and/or business
offices will make a nice transition between the residential and commercial zones. Mr. Buckbee
suggested Mr. Lessard return to the Commission with an idea of how he would like the property
to develop.
Ms. Brossard- Vickers commented she would like to research the legal guidelines and explore why
and how the property was and is zoned. Mr. Lessard stated he will sign a 60 -day rezone waiver
form. Mr. Nyberg commented Eagle Pass is a PUD (Planned Unit Development) and suggested
Lake Area Utilities land be developed as a PUD. Furthermore, the City's intention is to connect
Eagle Trail to Brain Drive.
Mr. Buckbe- m•ved o a•le - Les , • rez• - r- •u- un it h- Jul 7 199: Pl. nin•
o i•n m-etin• ,n• • dir- t t. t • r-no i the .rr. n•in• .r•. - a •wn-rs th- i su-
will be revisited. Motion seconded by Ms. Brossard- Vickers. Motion carried unanimously.
Action of Stevens (Greene) Lot Split Request
Mr. March briefed the Commission on flood plain regulations pertaining to Stevens lot split
request. Mr. March discussed City ordinance 433 - Flood Plain; in summary, a structure cannot
be built within the flood way. Mr. Palzer commented the state law states, in order to approve a
lot split within the flood way the site must provide a building site outside of the flood way. Mr.
March said the proposed lot will not have an area for constructing a building outside of the flood
way. In any case, the city has authority to grant a variance to its own ordinance, but not to state
laws. However, the property owner can apply for an amendment to FEMA for a map
amendment. The City is restricted and cannot approve a lot split based on the information
7
presented.
Ms Brossard- Vickers moved to deny the lot split based on the facts presented by the Buildi
Official that the City cannot grant a variance to the state laws Also advise the property owner to
amply for a letter o f man revision from FEMA_ in o rder to request a lot split in the future
Motion seconded by Mr. Buckhee. Motion carried unanimously.
Ms Broussard- Vickers moved to table everything remaining on the agenda. Mr. Buckbee
seconded the motion. Motion carried unanimously,
Mr. Buckhee moved to adjourn the June 2, 1998 PIanning and Zoning meeting. Ms. Brossard -
Vicker seconded the motion. Motion carried unanimously,
The Planning Commission meeting adjourned at 10:40 p.m.
Respectfully Submitted,
Ry -Chel Gaustad, CMC
City Clerk
8
CITY. OF CENTERVILLE
PLANNING AND ZONING COMMISSION
JULY 7, 1998
Pursuant to due call and notice thereof, the Planning and Zoning Commission of the City of
Centerville held its regularly scheduled meeting and two public hearings on July 7, 1998, at City
• Hall, 1880 Main Street.
PRESENT: Chairperson Kathy Welk
Commission Members:
Linda Broussard- Vickers
AI LaMotte
ABSENT: Comnssion Member John Buckbee
STAFF /CONSULTANTS: Jim March, City Administrator
Ry -Chel Gaustad, City Clerk
David Nyberg, Consulting Engineer
*********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
PUBLIC HEARING (S)
Le ssar d Rezone Request - Continued
Mr. Willy Lessard (7005 20th Avenue) thanked the Commission for the opportunity to again
bring this issue before the Commission. Mr. Lessard gave an overview of the proposed plat with
consideration of the rezoning request. The Center Villa development is proposed to include eleven
residential tots encompassing 4.6 acres and two commercial lots with two outlots, encompassing
6.95 acres. The largest single family lot is .51 acre and the average lot size is 2000 square feet.
Furthermore, outlot A and outlot B is proposed to be 142,487 and 160,344 square feet,
respectively.
Mr. Michael Hunter (1917 Center Street) commented he is not in favor of the commercial
development and would prefer the property remain wooded.
Ms. Maria Hanggi (7033 Brain Drive) commented she would rather have Brian Drive not go
through because of the traffic safety concerns.
Mr. Paul Gordy (6936 Ivy Court) commented several residents signed a petition stating they are
opposed to the zoning change. Chair Welk noted receipt of the petition which was signed by 39
residents (Exhibit A).
Mr. Hunter noted Mr. Lessard is not a resident of the community and when the rezone is granted
1
•
he may sell the land and move out of the city.
Bridget Thoums (6947 Ivy Court) commented the commercial buildings and lighting will be an
eye sore and irritant to the surrounding properties.
Ms. Susan Luke (7026 Brian Court) said she and her family would not have purchased their home
had they knew commercial business would be built in their back yard.
Ms. Chris Swenson (7016 Brian Court) stated the residential property surrounds the proposed
commercial district and the residents concerns should be taken into consideration. In addition,
she is opposed to the rezoning request.
Ms. Dana Johnson (7017 Brian Drive) felt it not an appropriate place for commercial.
Mr. Gordy commented there are no guarantees as to what will go in the area if it is zoned
commercial.
Mr. Ron Lenz (7008 Brian Drive) voiced concern about the commercial lights, noise and traffic.
Mr, Ronald Kline (6995 Eagle Trail) the residents have no guarantees as to what kinds of business
will be built in the area.
Mr. Hunter said he is opposed to the zoning change and noted Mr. Lessard may not be a man of
his words.
Chair Welk emphasized the hearing is open so that the city can listen to the citizens, and she
stated the meeting will be held in order and comments will be accepted in a respectful manner.
Mr. Matt Davonie (E.R. Rud & Son) explained the benefit of the rezone is to eliminate the
possibility of high density housing. Mr. Davonie added, the commercial campus like setting will
lend to the community more so than apartments, or other high density structures.
Mr. Tim Pelican (1889 Center Street) commented crime has increased in White Bear Township
since the movie theater was built. Mr. Pelican predicted the same will happen in Centerville if
commercial businesses are built in the proposed Lots.
Mr. Larry Sailer (1925 Center Street) stressed the need to develop a holding pond to address the
drainage problems south of the proposed plat. Ms. Broussard - Vickers questioned the engineers if
the drainage concerns have been addressed.
Mr. Davonie noted the ponding should help the drainage in the area.
Mr. Gordy stated ponding may become a safety hazard for the children.
2
i
• Mr. Kline questioned Mr. Lessard as to the commercial set back requirements. Mr. Lessard said
there is a 30' set back requirement. Mr. Kline commented commercial buildings could be less than
100' feet from residential property lines.
Ms. Swensen commented her and her husband will have a problem selling their house if
commercial buildings are built near their back yard.
Mr. David Bellingsley (6923 Sumac Court) suggested the Commission consider commercial
lighting needs, drainage concerns and the residents opposition prior to acting on the request.
Mr. Lessard proposed only to allow specific businesses uses for outlots A & B (Exhibit B).
Travis Rezone Re q u est (The Woods of Clearwater Cree
Mr. Dick Travis (Developer) requested the Commission to consider rezoning the property at 7305
and 7353 20th Avenue north from RI Rural Residential to R5 Executive housing. The lots
comply with the regulations and the development lends to the area.
Mr. LaMotte questioned Mr. Travis if the DNR and RCWD approved their grading plan. Mr.
Travis commented the development proposal is scheduled on the August RCWD agenda.
Furthermore, the DNR wetlands will not be touched but the building site elevations have not yet
been confirmed.
Mr. Mike Harris (7296 Brian Drive) voiced a concern about the wetlands and water drainage.
Mr. Travis commented the proposed lots are high and will drain into the pond.
Mr. Eric Larson (1957 73rd Street) noted he is interested in the drainage on the east side of the
property.
Ms. Sue Shepard (1935 -73rd Street) questioned the developer if they would be interested in
selling the south east building lot to the abutting residents. Mr. Travis commented he would be
interested in considering the issue.
CONSIDERATION OF MINUTES
March 12. 1998 Planning and Zoning Mi nutes
The Commission tabled the minutes.
APPEARANCES
Dick Travis - Sketch Plan for Moore Property
Mr. Travis shared his plans to develop the Moore property. The proposed lot has ten single
family lots and one 10 -acre outlot, Mr. Nyberg commented the Travis family would like to build
a house on the north lot. However, the Travis family will need to obtain two variances for a
3
•
temporary cul -de -sac turn around and another for an emergency vehicle access to the north
property. In addition, no certificate of occupancy (C.O.) will be issued until utilities are available
to the property. Mr. March commented the Travis family may build on the south property which
is 150' off the paved road. Mr. LaMotte questioned Staff if the length of the cul -de -sac is in
compliance with city code. Mr. Nyberg commented the road is too long and the Travis' will need
to seek a variance approval for the length of the road. Also, the Travis family will seek
preliminary plat and the required variance approval during the August 4, meeting.
Mr. Nyberg noted Center Villa plans need to move along or the city will need to address the row
of tree removal along the north property line.
ACTION ITEMS
Action on Lessard Rezone Request
Ms. Broussard- Vickers commented the rezoning issue is a difficult decision to make. Ms.
Broussard - Vickers added, she asked her self what is the Commissions role; who does the
Commission answer to. Moreover, she noted she could not let personal opinions influence the
decision. Ms. Broussard- Vickers touched upon the desire to observe and address the City's needs
as a whole. Likewise, public opinion does not influence the planners decision and she observed
the benefits to the city. During the June meeting, citizens voiced a concern about traffic safety
concerns. However, the revised plan addresses the traffic concerns. Next, the row of trees on the
north property line may be removed and high density housing could be constructed. Again, Mr,
Lessard has made provisions for the proper drainage and his plan allows for a berm and additional
trees to buffer the commercial property from the residential property. Thus, leaving the row of
tress and eliminate high density housing. Ms. Broussard- Vickers commented the commercial
business taxes will benefit the entire city. Another reason was the property was taxed as
commercial for years, until recently when the zoning was changed to residential. Also, Mr.
Lessard has submitted a list of permissible commercial uses, limiting the commercial entities to
more desirable businesses next to a residential zone. Overall, to rezone the property from R3 to
B1 Commercial is good for the City as a whole.
Chair Welk stated it appears the commercial venture abutted proposed lots in Clearwater
Meadows, however, the lots sold. The city would like to pick and choose what goes where but
the rezone is the best decision for the whole city.
Ms Broussard - Vickers moved to recommend the Council aunrove'the Lessard rezone request
fr m to B1 for t llowin re n • the t benefit to the city. traffic is not a concern and
this rezone request allows existing homes a larger distance from their homes to the buildings
where as. hi ensit structures like apartments will not provide the distance luxury,
Furthermore Ms Broussard - Vickers moved to recommend to the Council to rezone the prop
with consideration of the above- mentioned items. And with consideration of all engineering
items (ponding on the south and north edges of the nronerty). Chair Welk seconded the motion
Broussard- Vickers aye Welk aye. LaMotte nay Motion carried.
4
•
•
Action on Travis Rezone Request
Ms. Broussard- Vicker moved to recommend to the Council to approve the Travis rezone request.
Mciti_on seconded by Mr. LaMotte. Motion carried unanimously_
Action on Ordinance #44A - Building Construction
Mr. March presented an amendment to ordinance #44 A - Building Construction to read:
Light Industri al/Industrial Districts
All buildings erected on land within the light industrial and industrial zoning districts shall be
constructed with the main wall component being masonry, concrete or structural iron. No
building shall have pole barn type construction nor an exterior wall surface of sheet metal in
excess of25 %of the surface area. Exterior wail surfaces shall be of non-combustible materials,
the trim materials are excluded from this requirement. Contrasting architectural features must be
included to highlight the exterior wall faces. This may include contrasting building materials
and/or colors. The intent is to develop aesthetically pleasing buildings. The building design will
be reviewed and approved by the Planning Commission.
Commercial Districts
Buildings in the commercial zoning districts shall be constructed with the main wall component
being wood frame, masonry, concrete or structural iron. No building shall have pole barn type
construction. Contrasting architectural features must be included to highlight the exterior wall
faces. This may include contrasting building materials and/or colors. The intent is to develop
aesthetically pleasing buildings. The building design will be reviewed and approved by the
Planning Commission.
Mr. March commented the main intent is the commercial assessed value difference and the
buildings longevity. Chair Welk noted there is no problem requiring structurally sound buildings
for a better appearance. The Commission's consensus is to proceed with the amended changes.
DISCUSSION ITEMS
Shoreland Ordinance
Mr. Nyberg briefed the Commission on the need to adopt the shoreland ordinance to complete the
City's comprehensive plan. The Metropolitan Council approved the City Comprehensive plan
contingent upon the completion and acceptance of the surface water management plan (SWMP).
The shoreland ordinance is needed to complete the SWMP. The shoreland ordinance is designed
to identify the particular distance a building construction can occur from the waterways.
Currently, the DNR is requesting the city require a 300' setback for the waterways. Whereas,
Rice Creek Watershed District (RCWD) is requesting the city implement a minimal 1000' setback
5
from the waterways. Mr. March proposed to design the shoreland ordinance as less restrictive as
possible and then make application for approval to the governmental agencies.
The Commission requested a joint meeting with the City Council to discuss this issue.
Housing Maintenance Standard - Unifor Housing Cod
Mr. March updated the Commission on the City's need to implement a housing maintenance
standard code. The Uniform Housing Code restricts residence that are in poor condition and
provides the City the ability to enforce higher housing maintenance standards. The code will
allow the city to address deterioration of principle structures and substandard buildings. Mr.
March also proposed for the Commissions consideration, a supplemental ordinance which
enforces higher building standards but is less restrictive,
Mr. Bill LaLonde (1687 Westview Street) commented the Uniform building code sets a standard
which gives the city an opportunity to keep homes maintained at a higher standard. Therefore,
assisting in an overall benefit to the City. Mr. March commented the current ordinance leaves
room for interpretation, certain areas are too strict and then others areas are not included.
Ms. Broussard- Vickers requested additional time to review the uniform housing code and
additional supplements. The Commission elected to table the issue until the August 4, Planning
Commission meeting.
Amended Ordinance #5 Discharge of Firearms
The Commission elected to table amended ordinance #5 discharge of firearms.
Amended Ordinance #4 Sians. Subd. 32.03 - 04 Politicalns
Ms. Brossard- Vickers moved to approve an amendment to the current political sign as presented.
Mr. LaMotte seconded the motion. Motion carri ed unanimously,
Ms. Brossard- Vickers moved to continue the Lessard rezone request public hearing to the July
22. 1998 Council meeting. Chair Welk seconded the motion. Motion carried unanimously_,
ADJOURNMENT
Ms. Broussard- Vickers moved to adjourn the July 7. 1998 Planning and Zoning meeting. Chair
Welk seconded the motion. Motion carried unanimously
The Planning and Zoning meeting adjourned at 10:05 p.m.
Respectfully Submitted,
Ry -Chef Gaustad, CMC
City Clerk
6
ORDINANCE NUMBER 5
AN ORDINANCE TO PROTECT AND PRESERVE THE PUBLIC'S SAFETY BY
REGULATING THE DISCHARGE OF FIRE ARMS WITHIN THE VILLAGE OF
CENTERVILLE AND PROVIDING A PENALTY FOR VIOLATION THEREOF.
THE VILLAGE COUNCIL OF CENTERVILLE, MINNESOTA DO ORDAIN AS
FOLLOWS:
SECTION 1: It shall be unlawful to shoot, fire off, discharge
or explode any gun, pistol, revolver, or other
firearm or device which ejects a projectile, upon
or onto:
Any road, street, avenue, sidewalk or other
public place in this village.
SECTION 2: It shall be unlawful to shoot, fire off, discharge
or explode any single ball ammunition in the
Village except upon ranges permitted by the
Village Council.
SECTION 3: It shall be unlawful to own or operate a rifle or
shooting range in this Village unless a permit
therefore be issued by the Village Council. The
fee for such permit shall be $15.00 and said fee
shall be paid to the Clerk prior to issuance
thereof.
SECTION 4: Nothing herein contained shall prohibit the use of
firearms:
a) by duly authorized policemen or law
enforcement officers,
b) by persons engaged in the lawful defense of
person, persons, or property.
SECTION 5: Any person, firm or corporation violating any
provision of this ordinance shall be guilty of a
misdemeanor and upon conviction thereof shall be
punished by a fine not exceeding three hundred
dollars ($300.00) or by imprisonment not to exceed
ninety (90) days.
SECTION 6: This ordinance shall be in effect from and after
its passage and publication according to law.
Passed by the Village Council this 10th day of October, 1973.
WALTER PRACHER, MAYOR
ATTEST: LU MARCELLO, CLERK
MEMO
DATE : May 1, 1998
TO Planning Commission
FROM : Jim March
RE Amendment to ,Ordinance #5 - Discharge of Firearms
The police department has had some difficulties in trying to
enforce Ordinance #5 the way that it is currently written. This
item has been referred to the Planning 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.
07/22/98 14:14 FAX 812 574 1805 LCD FINISHING CO 2001
Mr. Jim March:
This letter is in regards to the opening on the planning and zoning board. 1 have lived in
Centerville for ten months and I would like to become more active in the community. I believe
the position available on the board will allow me to do that, and If 1 am given the opportunity I
feel that I can help Centerville, as a city, grow to its fullest extent.
I have over 2 1/2 years experience as an environmental specialist and a good knowledge of many
state and federal laws and regulations. In using the knowledge I have gained from my joh, I
believe I can be a source of useful information and a valuable member to the board. I look
forward to having chance to serve on the planning and zoning board.
Sincerely,
Brian Hanson
1950 Center St.
Centerville, MN 55038
(651) 407 -8398
DIC< TAMS
•
7264 TWIN LAKES AVENUE CENTERVIILE, MN 55038 612/653 -1489
•
OBJECTIVE
A challenging project manager position involving all phases of construction where a demonstrated
record of timely and cost - effective completion of projects is important to both the company and its
clients.
SUMMARY OF QUALIFICATIONS
7 years of progressively responsible project management/estimating experience.
Experienced in supervising all aspects of site work including site demolition, materials movement,
contaminated site remediation.
Continued on going management and computer education.
EXPE?IENCE
VIKLNG ELECTRIC SUJPPLY, INC. 4/85- 12/90.
Mots., MN
Project Manager/Estimator 1/90- Present
GLENN REHBEIN EXCAVATING. INC.,
Blaine, yIN
Project Manager /Estimator for a general contracting company doing approximately $15 million in
commercial, residential, and industrial construction each year. Performed coordination of bids,
negotiated pricing, established contacts with subcontractors and owners, purchased specialty items
and materials, supervision of all jobs.
EDUCATE
CROSBY- IRONTON ELEMENTARY & JR. HIGH 8/71 -5/80
Crosby, MN
NORTH ST. PAUL HIGH SCHOOL 8/80 -5 -84
North St. Paul, MN
Diploma
LAKEWOOD COMMUNITY COLLEGE 6/38
White Bear Lake, MN
. Survey of Accounting
Business Law
DUNWOODY INDUSTRIAL INSTITUTE 8/88 -12/90
Mpls., MN _
Architectural Drafting/ Construction Estimating Degree
Associate ofApplied Science Degree
COMPUSERV
Roseville, MN
MicroSoft Office Computer Training
Microsoft Excel Computer Training
SPECTRA - PHYSICS
Sitework for Windows Training
40 Hour HAZ -MAT Training
PROJECT INVOLVEMENT
NORTHFORK GOLF COURSE and CLUB HOUSE, Ramsey, MN
PHARMACIA DELTEC, Arden Hills, MN
Building link and parking lot expansion
TANGER FACTORY OUTLF,T CENTER, North Branch, MN
40 Acre Shopping Center
McDONALDS RESTAURANT, Maple Grove, MN
New Construction
RAMSEY COUNTY LIBRARY, Roseville, MN
New library and parking facility
HARDING HIGH SCHOOL AUDITORIUM, St. Paul, MN
Addition to high school and parking
NORTH ST. PAUL LANDFILL, North St. Paul, MN
Removal and relocation of 30,000 tons MSW to Pine Bend
BADGER ARMY AMMO PLANT, Baraboo, WI
15 Acre Environmental Clean-up
WASHINGTON COUNTY LANDFILL final closure, Lake Elmo, MN
40 Acre geomembrane cap and enclosed gas flare system
Other jobs available upon request
12 19:29 C I T Y CIF CIRCLE F RJE3 512 4293232 110. 96 DC+1
• property.
1335.05 Use of Pools.
Subd. 1 Nuisances Prohibited. A swimming pool shall not be
located, designed, cff,Jcated or maintained so as to unduly
interfere with the property rights of others. It shall be
unlawful for any per: to make, continue or cause to be made or
continued at any swimmi•' pool, any loud or unusual noise, or any
noise which annoys, tl turbs, injures or endangers the comfort,
repose, peace or safety of others. The use, or permitting the
u5p of, or the ope::t °=stien of a radio receiving sets, musical
instruments, phonograj_`+ or other machines or devices for the
production or reproduction of sound in such manner or volume as
to disturb the peace, quiet and comfort of the public shall be
unlawful.
Subd. 2 Filling of S? tinq Pools. Filling of swimming pools
directly from fire rr {drants, or other similar municipal water
outlets, shall require appropriate city permit.
1325.06 Variance. Any =°ason seeking a variance from the standards
and requirements of tr. Section may apply for a variance in
accordance with the pror: specified in Subsection 1310.03 of
this Chapter, except tn.'- the written material provided in support
of the variance applicat i. shall be the plans and specifications
required for a swimming : :col building permit required under this
Section.
Section 13dC. - SHORELAND OVERLAY DISTRICT
1340.01 Shoreland Man ..:.ment Classification. This section is
adopted pursuant to ttc: authorization contained in the Laws of
Minnesota 1973, Chapte• 379, and in furtherance of the policies
declared in Minn. Stat. :..4 chapters 105, 115, 116 and 462. In
order to guide the wise : and utilization of shorelands of
protected waters for preservation of water auality, natural
characteristics, econori. ."alues and the general health, safety and
welfare, certain protect .'•. waters in the City, have teen given a
shoreland management cla :• ification. These protected waters of the
City have been classif.. by the Commissioner of Natural Resources
as follows:
a. Natural Environmc-•':. Lakes.
1. Unnamed, D.N.r L.D. No. 2 -41-
2. Unnamed, D.N.P. t.D. No. 2 -47.
12/03/94 99:29 CITY OF CIRCLE PINES - 612 4293232 NO.299 P02
b. Recreational Develop'lnnt Lakes.
1. Baldwin Lake.
2. Golden Lake.
c. General Development Streams.
1. Rice Creek.
1340.02 Shoreland OVerlmµ .District. The shorelands of the City,
are hereby designated as s^, hoYeland overlay District. The purpose
of the Shoreland overl/ District is to provide for the wise
utilization of shoreland areas in order to preserve the quality and
natural character of these protected waters of the City.
Subd. 1 Permitted 45 . All permitted uses allowed and
regulated by the applicable zoning district underlying this
shoreland overlay district as indicated on the official zoning
may of the City.
Subd. 2 Conditional Ue s.
1. All conditional asses and applicable attached conditions
allowed and requLAt. d by the applicable zoning district
underlying this shoreland overlay district as indicated on the
official zoning map of the City, and as required by Subsection
1340.04 of this Cha ;xt• *tr.
2. Boathouses.
Subd. 3 Substandard “e4. Any uses of shorelands in existence
prior to the date ;cif enactment of this Chapter which are
permitted within the a <;;licable zoning district, but do not meet
the minimum lot area, ::Whacks or other dimensional requirements
of this Chapter are sv't.=tandard uses. Substandard uses shall be
allowed to continue However, any structural alteration or
addition to a substand +xa use which will increase the substandard
dimensions shall not b' allowed.
Subd. 4 Prohibited Uv± Any uses which are not permitted or
conditional uses as :=.gu1ated by the applicable zoning district
underlying this shcreL:::d overlay district as indicated on the
official zoning map of `.ne City.
1340.03 General Provisi1 .. The following standards shall apply to
all shorelands of the pr °Atcted waters listed in Section 1340.01 of
this Chapter within th. City. Where the requirements of the
underlying zoning distri as shown on the official zoning map are
more restrictive than :hose set forth herein, then the more
restrictive standards sh :01.1 apply:
13 - 59
.j /7 - 1:1: 27 11 I'( ur _IMLLt rat 3 b1G 4 Tic] - =moo vet
NATURAL RECREATIONAL GENERAL
ENVIRON. DEVELOPMENT DEVELOPMENT
WATERS WATERS WATERS
1. unsewered Areas:
Lot Area (Sq. ft.) 80,000 40,000 20,000
Water frontage and
lot width at build-
ing line (ft.) 200 150 100
Structure Setback I
from Ordinary High 75
Water Mark (ft.) 200 100
Structure setback --- -50 Fed., State or Cty.
from roads and - - --20 Municipal or Priv.
highways (ft.)
Structure height 35
limitation (ft.)
Maximum lot area
covered by imper) 30
vious surface 30 30
Sewage system set-
back from Ordinary 50
High Water Mark (ft.) 150 75
2. Sewered Areas: All provisions for unsewered areas shall
apply to sewered areas except for the
following, which shall supersede the
provisions applied to unsewered areas:
Lot Area (sq.ft.)
waterfront lots 40,000 20,000 15,000
other lots
Water frontage and
lot width at build)
ing line (ft.) 125 75 75
Structure setback from
,� Ordinary High Water
Mark (ft.) 150 75 50
13 - 60
3. Sewered & Unsewere- jAreas: Regulatory provisions for all lots,
Sewered and unsewer:I.
a) Substandard Lots:
1) Lots of record in the Office of the County
Recorder or Reg.::,trar of Titles prior to May 23, 1988 which
do not meet th.:'s requirements of 1340.03 may be allowed as
building sites r;rc:vided:
(a) Such use f permitted in the zoning district.
(b) The lot is in separate ownership from abutting
lands.
(c) All other z;anitary and dimensional requirements of
this Chapter arc complied with insofar as practical.
2) The minim:?•_: size and length of water frontage for
substandard lot, c.f record shall be:
(a) An area ^.:.:i less than 12,000 square feet, except _ a
lot of recori. < ;onstructed prior to August 13, 1970, Or
lots with art .roved variances prior to the enactment of
this Chapter.
(b) A widLL not less than 80 feet at the building
setback 1ir:. except a lot of record constructed prior
to August 13, ;.970, or lots with approved variances
prior to the •:' of this Chapter.
b) Roads and Parkfri Areas: Roads and parking areas shall be
located to retard: Cae runoff of surface waters and nutrients
in accordance witl: tallowing criteria:
1) Where fea: and practical, all roads and parking
areas shall Thee: the setback requirements established for
structures in 13/,e.03.
2) In no instance shall any impervious surface be placed
less than 50 fear from the ordinary high water mark.
3) Natural ve<'-°;aticn or other natural materials shall be
used in order screen parking areas when viewed from the
water.
c) Elevation of .'.cest Floor:
1) No struct::at, except boathouses, shall be placed at an
13 - 61
ee
elevation such the the lowest floor, including basement,
is less than the .. gulatory Flood Protection Elevation and
shall not be loco ed in a designated floodway as defined by
chapter 14 (Flop: "•lain Management Ordinance).
2) Where a Regul.:rory Flood Protection Elevation has not
been established,
`_levat on structure,
such except
that b the ho lowest shall
floor,
including placed at feet above the
Hase sam = =r. -, is less than three (3)
highest known titer level. In those instances where
sufficient_ data on known high water levels are nat
available, the ceejenary high water level shall be used.
d) Exceptions to structure Setback Requirements
1) Setback requ:H- .ments from the ordinary high water mark
shall not apply he boathouses, piers and docks. Location
Of piers and dcck: shall be controlled by applicable state
and local regulateens.
2) On undeveleeed shoreland lots that have two (2)
adjacent lots eeth existing principal structures on both
such adjacent lee any new residential structure may be
set back the e setback of the adjacent structures
from the crdinaey high water • mark or fifty (50) feet,
whichever is greeter, provided all ether provisions of the
shoreland overlay listrict are complied with.
1340.04 Shoreland Alterer ons.
Subd. 1 Removal of Neteral Vegetation. The removal of natural
vegetation shall be : , =cricted to prevent erosion into protected
waters, to consume eeLrients in the soil, and to preserve
shoreland aesthetics. Removal of natural vegetation in the
shoreland overlay d;.erict shall be subject to the following
provisions:
1. Selective remo•_•c:.i of natural vegetation shall be allowed,
provided that suf::•ient vegetative cover remains to screen
cars, dwellings a:••.•.: other structures when viewed from the
water.
2. clear - cutting natural vegetation shall be prohibited.
3. Natural vegeta:.:cn shall be restored insofar as feasible
after any construc:=rn project is completed in order to retard
surface runoff and -ei1 erosion.
• 4. The provisicr: of this Section shall not apply to
permitted uses .- :eh normally require the removal of natural
vegetation.
13 - 62
12/03/97 09:29 CITY OF CIRCLE PINES - 612 4293232 NO.298 7706
Subd. 2 Grading and Jelling. Grading and filling in shoreland
areas of any alteration of the natural topography where the slope
of the land is toward ': protected water or a watercourse leading
to a protected water euat be authorized by a conditional use
permit applied for and granted in accordance with Subsection
1310.04. The permit loy be granted subject to the conditions
that:
1. The smallest amount of bare ground is exposed for as short
a time as feasible;
2. Temporary greeted cover, such as mulch, is used and
permanent ground cover, such as sod, is established;
3. Methods to prevent erosion and trap sediment are employed;
and
4. Fill is stabilized to accepted engineering standards.
Subd. 3 Excavation. Excavations on shorelands where the
intended purpose is connection to a protected water shall require
a permit from the City Before construction is begun. Such permit
may be obtained only aster the Commissioner of Natural Resources
has issued a permit tc work in the beds of protected waters.
Subd. 4 Course of Wet<e;r Alteration. Any work which will change
or diminish the course, current or cross - section of a protected
water or wetland shall ee approved by the Commissioner of Natural
Resources, and such approval shall be construed to mean the
issuance by the Commi »iioner of Natural Resources of a permit
under the procedures ,rt Minn. Stat., § 105.42 and other related
statutes.
1340.05 Subdivisions.
Subd, 1 Prohibited Lubdivision. No land shall be subdivided
which is held unsuita -te by the City for the proposed use because
of flooding, inadequece drainage, soil and rock formations with
severe limitations i'::a: development, severe erosion potential,
unfavorable topogrape-te inadequate water supply or sewage
treatment capabilities;, or any other feature likely to be harmful
to the health, safety or welfare of future residents of the
proposed subdivision _ of the community.
Subd. 2 Plats Subee.eted. Copies of all plats within the
shoreland overlay diets ct shall be submitted to the commissioner
of Natural Resources ytthin ten (10) days of final approval by
eee the City.
13 - 63
12003/97 09:29 CITY OF CIRCLE PINES - 612 4="3: Nu P07
•
•
Subd. 3 Community Unit. flan (CUP). Altered zoning standards may
be allowed as exceptions to this Chapter for CUP'S provided
preliminary plans are approved by the Commissioner of Natural
Resources prior to their approval by the City, and further
provided:
1. Central sewage tecilities shall be installed which meet
applicable standard ^a cf the Minnesota Pollution Control Agency
or the CUP is connected to a municipal sanitary sewer.
2. open space is preserved through the use of restrictive
deed covenants, public dedications, or other methods.
3. The following rectors are carefully evaluated to ensure
the increased density of development is consistent with the
resource limitations of the protected water:
a) suitability -eef the site for the proposed use;
b) physical and aesthetic impact of increased density;
c) level of cur. nt development;
d) amount and ownership of undeveloped shoreland;
e) levels and types of water surface use and public
accesses;
f) levels and types of water surface use and public
accesses;
g) possible efeets on overall public use.
4. Any commerci,°l, recreational, community or religious
facility allowed ee part of the community unit development
shall conform to all applicable federal and state regulations
including, but not limited to the following:
a) licensing pecey'isions or procedures;
b) waste dispoee regulations;
c) water supply regulations;
d) building ccter;
e) safety regulee ions;
f) regulations concerning the appropriation and use of
Protected Waterm as defined in Minn. Stat. Chap. 105; and
•
13 - 64
12/03.97 09:29 C[7Y OF CIRCLE PINES 4 512 4893232 NU.29e DUU
g) Applicable regulations of the Minnesota Environmental
Quality Board.
Subd. 4 Final Plan. The final plan for a community unit plan
shall not be modifi 4, amended, repealed or otherwise altered
unless approved in writing by the developer, the municipality and
the Commissioner of Natural Resources.
Subd. 5 Centralized :l;zpreline Recreation Facilities. There are
centralized shoreline recreation facilities such as beaches,
docks and boat launching facilities.
1340.05 Variances and Conk ..tional Uses.
Subd. 1 Notice to Commissioner, Variances. A copy of all
notices of a public hearing to consider a variance to the
provisions of the Shore3 emd Overlay District or a conditional use
in the Shoreland Overlay District shall be sent to the
commissioner of Natural Resources such that the notice is
received by the Commissioner at least ten (10) days prior to such
hearings.
Subd. 2 Notice to Commissioner, Amendments. A copy of 311
amendments to this cha k r and final decisions granting variances
or conditional uses within the Shoreland Overlay District shall
be sent to the CommisWioner of Natural Resources within ten (10)
days of the amendment or final action.
13 - 65
•, American 122 S. Michigan Ave., Suite 1600
JUL 2 6 1. 3
Planning Chicago, IL 60603 -6107
g 312.431.9100 Phone
Association 312.431.9985 Fax
July 15, 1998
Dear Planning Commission Chair:
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/l Sincereely,
l _ or (r1 (\-
Carolyn Torma
Education Manager
ti! 2 4 1996
Dear Centerville Council members,
In regards to the proposed rezoning of the Lessard property, ajacent to Eagle Pass and Center
street.My wife Mary Ann and I are opposed to a zoning change. We attended two public
meetings on this matter.Many residents will be adversly affected if you decide the area must
be commercial.You have a petition representing the wishes of most of my neighbors.Except
for the owner of this property,Mr. Lessard, no one else can explain why you should diverge
from the Comprehensive Plan so recently adopted.It is my understanding that this plan is an
intelligent one, not to be taken lightly. Why would the desire of one property owner hold
sway over the many other interested parties.
Too little time was spent by the planning board before reaching their conclusions.
Neither the planning board,citizens,or council members have enough facts yet. Example: Is
all or part of this land considered wetland?
If you still feel commercial use is justified, can we home owners receive written
assurances that no further deviations will occur?
Also the process is flawed in my estimation. On July 7 , a land use plan was presented
to the commission and other residents of centerville, in a public forum. Then at the very same
session the plan was voted upon. Why the rush? We citizens had no time to consider or react
accordingly. I suggest our representatives act in a more fair manner.
sincerely, Ronald and Mary Ann Lenz
( Y L
4:"
/z
CST OF CElVTERVSI.LE
PARK AND R E CREAT S ON CC)MM S TTE E
MINUTES
May 6, 1998
Pursuant to due call and notice thereof, the Park and Recreation
Committee of the City of Centerville held their regularly
scheduled meeting on May 6, 1998. Meeting was called to order at
6:30 by Chairman Thompson. Members present : Rick Thompson,
Doug Porter, Steve Brown and Mike Navin
APPROVAL OF MINUTES :
No minutes were approved.
OLD BUSINESS :
LaMotte Park
An update on the progress was discussed. At this time, no new
information was discussed on this project.
NEW BUSINESS :
Acorn Creek Park
The concept for the Acorn Creek Park was discussed. It was noted
that the vision of the Park and Recreation Committee differs from
the original vision for the park in the park master plan.
Meeting Times
It was decided that the meeting times for the June and July
meetings would be moved back to 7:30 PM rather than 6:30 PM due
to'member conflicts.
Meeting Adjourned,
Submitted by,
Mike Navin
C STY O F C ENT E RV = L L E
PARK AND R E CREAT 2 ON COMM =ME E
MINUTES
June 3, 1998
No meeting was held in the month of June due to the lack of a
quorum.
C= TY Mr C E NT E RV = L L E
PARK AND R E CR EAT = ON COMM = TTE E
MINUTES
July 1, 1998
Pursuant to due call and notice thereof, the Park and Recreation
Committee of the City of Centerville held their regularly
scheduled meeting on July 1, 1998. Meeting was called to order
at 7:30 by Chairman Thompson. Members present : Rick Thompson,
Mike Navin, Dale Larson
APPROVAL OF MINUTES
A motion was made by R. Thompson, seconded by D. Larson to
approve the minutes for the month of April. Motion carried
unanimously.
OLD BUSINESS :
E -gle Pass - A letter dated 6/22/98 was received from Gor -em the
developers of the Eagle Pass subdivision. The letter requested
that a segment of trail north of Dupre Road be considered for
deletion. The trail would encirlce nine single family townhomes.
The builder was having difficulty marketing the lots due to the
close proximity of the trail to the homes. A motion was made by
R. Thompson, seconded by D. Larson to recommend to the City
Council that the trail segment be allowed to be deleted with the
understanding that the City acquire as much cash dedication as
possible in lieu of the trail. Motion carried unanimously.
NEW BUSINESS :
Acorn Creak Park - City Administrator Jim March mentioned that
there are currently two additional plats that the City is
reviewing. One development is the "Woods of Clearwater Creek"
that is designed to have ten homes on the parcel immediately east
of the Acorn Creek Park. Discussion occurred on the issue of
needing to acquire a trail easement along one of the lot lines on
the east side of the park. It was mentioned that cash dedication
from this development may be the most appropriate form of park
dedication.
Chairman Thompson indicated that he intends to resign after the
meeting in August. Abbreviated minutes from May were passed on
to the Administrator.
A motion was made by M. Navin, seconded by D. Larson to adjourn
the meeting at 8:15. Motion carried unanimously.
Submitted by,
Mike Navin
CITY OF CENTERVILLE
CITY COUNCIL MEETING
WEDNESDAY, NNE 10, 1998
Pursuant to do call and notice thereof, the City Council of the City of CenterviIIe held its regularly
scheduled Council meeting on Wednesday, June 10, 1998, at City Hall, 1880 Main Street.
PRESENT: Mayor Tom Wilharber
Council Members: Theresa Brenner
Sanna Buckbee
ABSENT: Council Members: Laura Powers
Mary Jo Helmbrecht
STAFF /CONSULTANTS: Jim March, City Administrator
Ry -Chel Gaustad, City Clerk
Paul Palzer, Public Works Director/Building Official
Greg Hellings, City Attorney
David Nyberg, City Engineer
*********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
CALL TO ORDER
Mayor Wilharber called the Council meeting to order at 6:00 p.m.
Mayor Wilharber noted the Council will adjourn into an executive session to discuss pending
litigation for the 20th Avenue project.
The Council discussed the watermain and sanitary sewer extension project and assessment options
for the 20th Avenue project. In addition, an agreement was submitted for consideration between
the Carpenters and the City of Centerville. (Exhibit A)
Councilmem Brenner moved and it was seconded to apnrove the agree for the waterm
and sanitary sewer on 20th Avenue and between the roperties of Carpenter Auto Bod
(Carpenter Businessl the Carpenter Residence and Reel Manufacturi Incorporated Motio
carried unani
Mayor Wilharber moved and it was seconded tojrect the City Administrator to implement the
settlement ement agre between the Citv of Centerville and t he Carpenters and to proceed with new
assessments as advised. Motion carried unanimously_
An executive session closed at 6:12 p.m.
1
Mayor Wilharber reconvened the regular Council meeting at 6:12 p.m.
PUBLIC HEARING
APPEARANCES
Carolyn Drude - Ehlers and Associates - Bondinu for th 20th Ave nue Sewer and Water
Project
Ms. Carolyn Drude (Ehlers & Associates) addressed the Council and presented bid tabulations for
$720,000 general obligation sewer and water revenue bonds, series 1998. (Exhibit B)
Co ncil -mbe Buc •e- moved and it wa -co ded to approve resolution 98 -14 "A Resolution
Awardin• h- .1- o '.720 000 r eral Obli•ati•n - -r and W, ter R- -nu- Bonds -ries
1998 Fi 'n• Their For and .ecificati•n •Directin• Their Exec tion and Delive • and
Providin• f• r eir Pa en ." M. '. c.rried . nimo sl .
Bonding for Parkview Development
Ms. Drude briefed the Council on a chronological layout of bonding for Parkview Development.
Ms. Drude suggested the City call the bond sale on July 22, after the July 14, bid opening.
Furthermore, Ehlers will attempt to make bond delivery by August 22, 1998.
Refunding the `87 Street Bond Through Firstar Bank
Ms. Drude gave a presentation and suggested refunding of the general obligation improvement
bonds of 1987. Ms. Drude distributed the existing and future paper work supporting the concept
to call the $615,000 general obligation improvement bonds. (Exhibit C)
Councilmember Brenner moved and it was seconded to approve resolution 98 -15 "A Resolution
Awarding the Sale of $245.000 (General Ob1i ati n din• Im,rovemen bonds erie 1998'
Fixing Their Form and Specifications: Directine Their Execution and Delivery: and Providing for
Th-'r Pa -nt" efun.in• the •-ner. •.li•ationi •rov-mentbend of 987 . d to
refinan - '.245000at4.71 °. thruFir t. B,: inH_•o. Ms ion _ .'edun.nimou 1 .
Circle Pines Leain ton Police Department (CCPLPDI
Officer Mike Jensen was present to discuss CPLPD submitting a 40 -page grant application to
"COPS More." The grant monies are intended to be used to update equipment.
Mayor Wilharber suggested Officer Jensen explain equipment that will be replaced. Officer
Jensen replied the grant monies will purchase new laptop computers to replace the obsolete
computers. By purchasing the laptop computer system, the applicant will be able to redeploy 10
full -time officers and three part -time officers for a total of 11.5 full -time officers and a total of
3277 hours of community policing actives. The average savings will permit approximately 285
hours per officer to be committed to community policing. The updated technology will promote
2
effective flow of information inside and outside the agency and improve the application's
enforcement responsiveness to the community.
Officer Jensen reported the 1997 costumer appreciation day at Kelly's Korner went well,
Officer Jensen also said the department identified problems with traffic ticketing by City
Ordinance. Anoka County Courts replaced City tickets under State Statutes. However, Mr.
Hellings is addressing the issue.
Mayor Wilharber addressed a report by Officer Hinse dated June 10, 1998. Officer Jensen
commented the report is based bn the increased traffic at the intersection of Main Street and 20th
Avenue.
CONSIDERATION OF MINUTES
May 20, 1998 Special Meeting Minutes
Mayor Wilharber noted no quorum was present to act, thus tabling the issue.
May 27, 1998 Council Meeting Minutes
Co Brenner moved and it was seconded to apnmve the May 27 1998 Council
meeting minutes with corrections. Motion carried unanimously.
PAYMENT OF CLAIMS
The City of Centerville May 27 - 31
Councilmember Brenner moved and it was seconded to approve the receipts and disbursements
for the City of Centerville May 27 -31. 1998. Motion carried unanimously.
The City of Centerville June 1 - June 10
Councilmember Brenner moved and it was seconded to approve the receipts and disbursements
for the City of Centerville June I - 10. 1998. Motion carried unanimously,
The C entennial Fire District May 27, 1998
Councilmember Brenner moved and it was seconded to approve the Centennial Fire Districts
payment of claims for May 27. 1998. Motion carried unanimously.
The Centennial Fire District June 3, 1998,
Councilmember Brenner moved and it was seconded to aonrove the Centennial Fire Districts
payment of claims for June 3 1998 Motion carried unanimously.
3
SET AGENDA
Tri- Cities Police discussion
Councilmember Brenner moved and it was seconded to a Drove the et age w not
ch. n•- • io. c.rri d n.nimou .
PETITIONS AND COMPLAINTS
Hearing none - Mayor Wilharber moved to the next agenda item.
UNFINISHED BUSINESS
Terminal Transport - Special Use Permit
Mr. March briefed the Council on Terminal Transports request for a special use permit.
Representatives John Snyder and Brent Coatney from Terminal Transport addressed the Planning
Commission in June. Mr. March stated during the Planning Commission meeting the City
clarified no Certificate of Occupancy will be issued until utilities are granted and they are
operational. Furthermore, Mr. March recommended requiring a comprehensive grading plan on
the forty -acres and that it be specifically identified under item 10 on the special use permit.
Mr. March explained the Planning and Zoning Commission held a public hearing and it
recommended the Council consider the grading plan and additional tree planting on the North and
South side of the site. Councilmember Buckbee questioned how much property has been
purchased by Terminal Transport. Mr. March explained the legal description is metes and bounds
of 6.75 acres. Mayor Wilharber commented favorably upon Commission member Buckbee's
comment suggesting a buffer between the commercial property and residential property.
Mr. John Snyder (R.J. Ryan) and Brent Coatney (owner of Terminal Transport) addressed the
Council and described their building. Mr. March added, the Building Official reviewed the
building and site plans and the building will be sprinkled. Also, the site and building meet with the
Police and Fire Chiefs approval. Mr. Snyder described the site grading plan. The area will drain
to the north east of the property into a pond. Mayor Wilharber questioned the engineers if it is
acceptable to have the oil and grease from the parking area drain into the pond. Mayor
Wilharber asked Mr. Nyberg of his observations. Mr. Nyberg explained oil and grease draining
onto another property and carrying contaminations will propose future problems. Mr. Nyberg
recommended the grading plan be approved contingent upon engineers approval. Furthermore,
the Planning Commission commented on the pond and its drainage and suggested a
comprehensive grading plan for the whole area. Mr. Nyberg reported Mr. Rehbein stated a
comprehensive grading plan will be submitted for the whole corridor of property.
Councilmember Buckbee moved and it was seconded to approve the special use permit for Brent
Coatney contingent upon engineering final review and a' 'r.v. of he :din• •1. n and • amen
4
item #9 on the specia] use permit to change "connect" to "substantial." Motion carried
unanimously.
Rick Carlson - Parkview Development
Developers Agreement
Mr. Nyberg updated the Council on the Parkview Development. The developers' agreement is in
accordance with the city and is ready to be finalized so that the developer can begin to sell lots.
Also, he can begin to pull building and grading permits. A resolution is attached approving the
plans and specifications and authorizing advertisement of bids for the Parkview Development.
Currently, July 14, 1998 has been considered for the Parkview Development bid opening.
Final grading Plan
Mr. Carlson noted submittal of a certificate of insurance, payment and performance bond to the
City. Mr. Makkee (Makkee Engineering) explained the drainage plan and noted amendments as
per the Planning Commission and the City Engineer.
Mr, Orville Hughes (1793 Center Street) stressed his concern regarding drainage on the south
east corner of the development where there are several manicured rock gardens. The rock
gardens are in place to avoid drainage problems.
Councilmember Buckbee moved and it was seconded to direct Staff to send a letter to
Surrounding properties that have trees. flowers or gardens around the Parkview drainage area.
Alos the City will not he responsible for damage or harm to the area. Motion carried
unanimously,
Councilmember Buckbee moved and it was .seconded to authorize Staff to contact residents that
have day lighted into the ditch and notify them that if any disruption occurs it is the residents'
responsibility to repair the area. Motion carried unanimously,
Final Plat
Councilmember Brenner questioned the engineers on the watermain direction to the senior
housing facility. Mr. Nyberg explained the watermain is designed to run along Centerville Road
and cut east, near the senior housing entrance. Councilmember Brenner questioned Staff when
the Barett home is removed if the watermain could be redirected. Mr. Nyberg explained the most
efficient way to run the watermain is under the Barett home location.
Mr. March commented on another agenda item - $ enior Housing Barett Hous_nnd Garage,
Mr. March recommended the Council consider selling the Barett garage and remove or destroy
the home. Mr. March suggested accepting sealed proposals on the garage and to destroy the
house since there is no salvage value. Mr. Palzer noted several items in the Barett house needed
to be addressed in order to rent the house. However, the City should retain antique fixtures
within the house prior to destruction.
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Councilmember Buckbee suggested the City maintain the well for sprinkling purposes.
Councilmember Brenner mentioned Mrs. Barett is accepting of the house destruction. Mr. March
spoke to the Fire Chief about using the house for a practice burn.
Councilmember Brenner moved and it was seconded to direct City Staff to contact Centennial
Fir- Districts in r- •s t• a sractice burn. Al. ..; - , advertisement in the 1•c.1 - ws•.. - r
for bids en the • ate c•nt. . - 1.0 a removers of the •r• •r- . , tverti e for a bid
Qpening on July 8, 1998 at 6:00 p.m. Also. contact Anoka County Housing and Redevelo me
Authority in regards to salt'. • • • the well . d hardware.
Ma or Wilhar• er amendet the otion and ' was sec.nded • h,v- the i con ider usin• the
tar, to f• r P • is Work us until he new . i11 in t is constru ted if bi. s are • • 1 • • ion
carried unanimously.
Resolution 98 -13; Approving Plans and Specifications and to Authorize Advertisement of
Bids for Parkview Development.
Councilmember Buckbee moved and it was seconded to adopt resolution 98 -13 approving plans
and specifications and to authorize the advertisement of bids for Parkview development. Motion
carried unanimously.
Councilmember Buckbee moved and it was seconded to a • • •v- - ' ._ 'ew Devel.. ent Plat
the D-v -1. s - •seem -nt and th- • .. - n! .L . s s b -.. Motion c• ied un. • 1
LaMotte Park
Mr. Nyberg briefed the Council on the Laurie LaMotte Park progress in regards to the wetlands.
Mr. Nyberg added Mr. Dan Tourville signed an affidavit indicating some wetlands were created
by the Tourville family in the 50's.
In addition, Mr. Nyberg reported Mr. Gerald Rehbein donated wetland credits. Councilmember
Buckbee questioned Mr. Nyberg if there was anything associated with the donation. Mr. Nyberg
indicated Mr. Rehbein simply made the wetland credit donation. Councilmember Buckbee
suggested Staff send a thank you letter to Mr. Rehbein for donating the wetland credits for Laurie
LaMotte Park. Mr. Nyberg commented the original wetlands was at 25,000 square feet and now
they are at 9,500 square feet.
Mr. Nyberg recommended the Council authorize H.R. Green to proceed with the Laurie LaMotte
Park's grading and storm sewer plans and specifications. In addition, the cost of the project is
projected to be less than $25,000. Therefore, the city will not have to advertize for bids.
Councilmember Brenner moved and it was seconded to authorize the En ' ee to roceed with
plans and specifications at Laurie LaMotte Park for the base cost of $5 000. Motion carried
unanimously_
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Councilmember Buckbee confirmed the funds will be taken from the Park and Recreations funds.
Mr. March stated $100,000 of park funds are available for the Laurie LaMotte Park.
21st Avenue Road Construction
Mr. Nyberg addressed an estimate the City received from Gerald Rehbein. Mr. Nyberg felt the
quotation could be lower, then he suggested the Council wait to see if the estimates decline. In
addition, the $24,550 proposal is for a temporary road. The curb and gutter will be installed later.
Councilmember Buckbee commented she would rather invest the $24,000 in the construction of a
permanent road. In addition, the business owners along 21st Avenue are required to black top
their parking lots when 21st Avenue is paved. Therefore, Councilmember Buckbee suggested
contacting the business owners on 21st Avenue to inform them of the potential assessment and
black top requirements. Mr. Nyberg recommended tabling the issue
Councilmemher Buckbee moved and it was seconded to table the 21st Avenue upgrade. Motion
carried unanimously,
Tobacco Ordinance
Ms. Gaustad addressed the proposed Tobacco Ordinance #66. Ms. Gaustad stated the ordinance
was developed in accordance with the state laws and is similar to the Circle Pines tobacco
ordinance. However, the ordinance has been tailored to the City of Centerville Ms. Gaustad
noted the ordinance meets with Acting Police Chief Joel Heckman's approval. In addition, all
license holders have been notified 30 days prior to Council's consideration. Mr. Hellings stated
the ordinance meets with his approval.
Mr. Bill Bisek (7098 Centerville Road) questioned the Council if remote controlled vending
machines are in compliance with the proposed ordinance. The Council discussed the intension of
the ordinance and procedures with violators. Ms. Gaustad commented on the state law which
states: No vending machines are allowed in establishments where children under the age of 18
have access to the vending machine.
Councilmember Buckbee moved and it was seconded to adopt tobacco ordinance #66 and to
authorize Staff to investigate administrative costs for compliance checks and other communities'
fees Motion carried una nimousl y
Personnel Policy
Mr. March requested council direction on the interpretation of Personnel Policy, Section 11.2
Court Leave "Regular employees may he absent with pay when serving jury duty or when
subpoenaed as a witness in court or voluntarily serving as a witness in a case in which the City is a
party," Mr. March noted the personnel policy does not indicate an allotment of time the City will
pay for the above - mentioned leave. The Council requested legal councils' interpretation. Mr.
Hellings understood the policy allows employees to be absent from work with pay if serving jury
duty, subpoenaed or testifying on behalf of the City. Mr. Hellings recommended eliminating
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"subpoenaed as a witness in court" or to `limit time to a certain period." The City may allow an
employee to be absent one day from work when subpoenaed, at a maximum of one day.
Councilmember Brenner moved to amend the personnel olicy to allow emplovees to take time
paid not to exceed eight hours and to provide proof of subpoenaed. Motion did not carry.,
Councilmember Buckbee moved and it was seconded to delete the subpoenaed to ion from the
personnel policy. Buckhee aye. Wilharber aye Brenner abstained. Motion carried.
Councilmember Buckhee moved and it was seconded to amend the personnel policy to take effect
June 10 1998 and emplovees subpoenaed prior to Ju e 10 1998 will be paid Buckbee aye
Wilharb rave Brenner nay. Motion carried.
Kelly's Korner Customer Appreciation Day October 10, 1998
Mr. Bill Bisek owner of Kelly's Korner requested a noise permit from the Council to hold a pig
roast on October 10, 1998 from 8:00 p.m. to midnight. Last year notice of the event was sent to
the surrounding property owners and the city nor the police department received any complaints
in regards to the 1997 event. Mr. Bisek requested the Council authorize a time change from 6:00
- 10:00 p.m. to 8:00 - 12:00 p.m.
Councilmember Brenner stated the 1997 event was nice and favored extending the hour from
10:00 to 11:00 p.m. Councilmember Brenner added Councilmember Powers was opposed to
extending the hours past 10:00 p.m.
Councilmember Brenner moved and it was seconded to allow the Rock'n Hollywood's to perform
from 7:00 p.m. to 11:00 p.m. on October 10 1998 - contingent that a letter is sent out to the
surroundinu�propertv owners Motion carried unanimously
Contract with Dean Johnson
Mr. March reported ajoint meeting between the Committee and Dean Johnson is scheduled for
7:00 p.m. Tuesday, June 23, 1998. The purpose of the meeting is to discuss the city's growth and
fixture development. Mr. March added the City is in need of zoning ordinance revisions. Mr.
Johnson proposed to amend ordinance four and eight and estimated the entire process will take
nine to twelve months, if there are no major controversies or external issues affecting the project.
Mr. March commented the City is eligible for matching money contributions from the
Metropolitan Council, Mr. March planned to use in kind labor to match funds.
Councilmember Buckbee moved and it was seconded to authorize the City of Centerville to
contract with consulting Resource Strategies and the cost not to exceed $7945.00 for labor, and if
expenses exceed the stated fees that Council is notified. Motion carried unanimously.
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Tri- Cities Police Department and Funding Formulas
Mayor Wilharber briefed the Council on the Tri- Cities Joint Police Department progress and
possible funding formulas. Now, the City of Centerville pays $187,000 per year for seventeen
hours of coverage with 24 hour emergency response. Mayor Wilharber explained the task force
plans to subtract past contributions made to the police department and implement a buy in on
equipment of $45,000. This is a significant increase compared to the previous year's amount of
approximately $100,000. The task force is aware of the city's growth and has anticipated an
increase in coverage. Mayor Wilharber recommended the city require a police car be placed in
Centerville full -time.
Mayor Wilharber gave a synopgis of a funding formula that the cities have investigated. The
formula is made up of the following: number of calls to each city, population, market valuation
and combined miles of city roads. Mayor Wilharber clarified the task force plans to weight the
criteria, thus determining each city's payment amount. Furthermore, Mayor Wilharber felt
Centerville should not pay a portion of all police calls, since the city of Lexington had nearly one
thousand more police calls than the other two cities. Councilmember Buckbee stated The
Council's consensus was to place more weight on calls to each city.
Traffic on 20th Avenue and Main Street
Mayor Wilharber referred to a letter issued by Officer Hinsen of the CPLPD. Mayor Wilharber
noted the intersection in questions is in Anoka County jurisdiction and he suggested the County
address the issue. Councilmember Brenner commented on behalf of Councilmember Powers;
Powers requested additional lighting, a pedestrian crosswalk and signage at the 20th Avenue and
Main Street intersection. Mayor Wilharber suggested Staff write a letter to Anoka County and
request an investigation of the stated intersection.
School Flood Lights
Mayor Wilharber reported he received a complaint about the school's flood lights that seem to
blind drivers north bound on LaMotte Drive. Mayor Wilharber recommended Staff send a letter
to the church addressing the parking lot lighting and forward a copy of the letter to Acting Police
Chief Heckman.
NEW BUSINESS
Starfire Gymnastics - Sketch Plan
Mr. March gave an overview of the Starfire gymnastics sketch plan. The Planning Commission
viewed the site and building sketch plan during its June meeting. Area citizens showed up at the
Planning meeting and stated they like the 250' by 120' building idea. However, concerns were
raised in regards to drainage.
Mr. March commented ordinance #64; Special Use Permits states a special use permit and its
hearings are optional. In addition, the Planning Commission held a public hearing in regards to
rezoning the property. Mr. March stated the Planning Commission made recommendation to the
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Council not to require a special use permit for a public hearing. Especially, since several
neighboring property owners were in attendance at the meeting. Councilmember Buckbee
commented the gymnastics business is a good idea to blend with the residential district. The
Council's consensus was not to require a special use permit public hearing.
COMMITTEE REPORTS
ADMINISTRATORS REPORT
June 23. 1998 Joint Meeting
Mr. March reported a meeting is scheduled on June 23, 1998, 7:00 p.m. between the Council and
the three committees.
Mr. March commented the League Conference is scheduled for June 16 -19th. Mr. March
requested the Council packets to be distributed on Monday, June 22, 1998. Councilmember
Buckbee suggested Staff contact the Council if a large issue arises. The Council's consensus was
to allow the council packets to be delivered on Monday, June 22, 1998.
Disaster Plan
Mayor Wilharber suggested Centerville prepare for any disaster, such as the disaster Shoreview
suffered. Mayor Wilharber also suggested the Council, Police Department and Fire Department
work on a disaster plan.
CONSENT AGENDA
ADJOURNMENT
Councilmember Brenner moved and it was seconded to adjourn the June 10, 1998 Council
meeting. Motion carried unanimously.
The City Council meeting adjourned at 9:00 p.m.
Respectfully Submitted,
Ry -Chel Gaustad, CMC
City Clerk
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MINNESOTA DESIGN TEAM IS COMING TO
CENTERVILLE!
Centerville was selected! The Minnesota Design Team is
scheduled to visit Centerville from September 24 - 27
What is the Design Team: A group of volunteer architects, engineers and
design professionals that visit selected communities on an annual basis. The
group works with the entire City -- businesses, churches, schools, _
neighborhoods, community groups -- to depict a shared vision for future growth
and downtown redevelopment.
Scheduled events: The residents are encouraged to be involved in the
following events:
❑ Friday evening September 25 7:00 p.m. Town Meeting at
Centerville Elementary School.
❑ Saturday evening September 26 6:00 p.m. Design Team
Presentation to the community and potluck dinner at Centerville
Elementary School.
How can I help:
❑ Host families are needed for the Design Team members. We need
to provide residents homes for the members to stay in from
Thursday night through Sunday morning. You only need to
provide breakfast on Friday and Saturday.
❑ Residents to help with the community potluck dinner or other
meal preparations.
❑ Presentations to the Design Team from local groups within the
city on Friday morning i.e., Lions Club, Lakes Association, School,
Churches, Youth Groups, Senior Groups, etc.
IF YOU CAN HELP PLEASE CONTACT: Jim March at city hall 429 -3232,
Theresa Brenner at 653 -9172 or Mary Capra at 653 -1732.