Loading...
2022-05-16 City Council Agenda Packet A,lbertville City of Albertville Council Agenda Small Wing.Big City We. Monday, May 16, 2022 City Council Chambers 7pm PUBLIC COMMENTS-The City of Albertville welcomes and encourages public input on issues listed on the agenda or of general community interest.Citizens wishing to address the Council regarding specific agenda items,other than public hearings,are invited to do so under Public Forum and are asked to fill out a"Request to Speak Card". Presentations are limited to five(5)minutes. 1. Call to Order 2. Pledge of Allegiance—Roll Call Pages 3. Recognitions—Presentations -Introductions 1. 2021-2022 Albertville Royalty Court 4. Public Forum— (time reserved 5 minutes) 5. Amendments to the Agenda 6. Consent Agenda All items under the Consent Agenda are considered to be routine by the City staff and will be enacted by one motion. In the event an item is pulled, it will be discussed in the order it is listed on the Consent Agenda following the approval of the remaining Consent items. Items pulled will be approved by a separate motion. A. Approve the May 2, 2022, regular City Council Meeting minutes as presented. 3-6 B. Authorize the Monday, May 16, 2022,p ayment of claims as presented, except bills 7 specifically pulled which are passed by separate motion. The claims listing has been provided to City Council as a separate document and is available for public view at City Hall upon request. C. Approve a Special Event Permit including a Temporary Outdoor Music Permit for The 8 Hen and The Hog located at 5262 Kyler Avenue NE, Suite 9111 for their Parking Lot Party during Albertville Friendly City Days on June 9 through June 11, 2022. D. Approve an On-Sale Temporary Liquor License for STMA Football Boosters for June 9 9 through June 11, 2022, for The Hen and The Hog's Parking Lot Party Special Event located at 5262 Kyler Avenue NE, Suite #Ill. 7. Public Hearing 8. Wright County Sheriff's Office— Updates, reports, etc. 9. Department Business A. City Council 1. Committee Updates (STMA Ice Arena, Planning, JPWB, Parks, Fire Board, FYCC, etc.) B. Building—None C. City Clerk—None City of Albertville City Council Agenda Monday, May 16, 2022 Page 2 of 2 D. Finance—None E. Fire—None F. Planning and Zoning 1. Recreational Vehicle Use on City Streets Ordinance 10-21 (Motion to Adopt Ordinance No. 2202- OS amending the Albertville City Code, Title 7 Motor Vehicles and Traffic, Chapter 3: Snowmobiles, Recreational Vehicles and Motorized Golf Carts; allowing class 2 all-terrain vehicles to travel on public streets within the City and approving summary Ordinance for publication.) G. Public Works/Engineering—None H. Legal 1. Update on Maeyaert Property I. Administration—None 10. Announcements and/or Upcoming Meetings May 23 Joint Powers Water Board, 6 pm Parks Committee, 7 pm May 30 City Offices closed in observance of Memorial Day May 31 Joint Governance Meeting, 6 pm June 6 City Council, 7 pm June 8-12 Albertville Friendly City Days June 13 STMA Arena Board, 6 pm June 14 Planning Commission, 7 pm 11. Adjournment Alb�rtvi��� Smolt Tp .1M.9.Big CRY Ufs. ALBERTVILLE CITY COUNCIL DRAFT REGULAR MEETING MINUTES May 2, 2022— 7 pm Council Chambers Albertville City Hall 1. Call to Order Mayor Hendrickson called the meeting to order at 7 pm. 2. Pledge of Allegiance— Roll Call Present: Mayor Hendrickson, Councilmembers Cocking, Hudson, Olson and Zagorski Staff Present: City Administrator Nafstad, City Attorney Couri, Fire Chief Bullen and City Clerk Luedke 3. Recognitions —Presentations—Introductions A. Wright County Commissioner Wetter Wright County Commissioner Wetter provided an update from Wright County which included the County's recent move to their new government building, the new non-profit dental office which will be located in the new building,the status of the old government building,possible uses for the American Rescue Plan funds the County received and the redistricting of the Wright County District boundaries. She answered questions from Council. The Council thanked Wright County Commissioner Wetter for attending the Council meeting. 4. Public Forum There was no one present for the public forum. 5. Amendments to the Agenda MOTION made by Councilmember Olson, seconded by Councilmember Zagorski to approve the May 2, 2022, agenda as Presented. Ayes: Cocking, Hendrickson, Hudson, Olson and Zagorski. Nays: None. The motion carried. 6. Consent Agenda All items under the Consent Agenda are considered to be routine by the City staff and will be enacted by one motion. In the event an item is pulled, it will be discussed in the order it is listed on the Consent Agenda following the approval of the remaining Consent items. Items pulled will be approved by a separate motion. A. Approve the April 18, 2022, Local Board of Appeals and Equalization minutes as presented. B. Approve the April 18, 2022, regular City Council Meeting minutes as presented. C. Authorize the Monday, April 18, 2022, payment of claims as presented, except bills specifically pulled which are passed by separate motion. The claims listing has been provided to City Council as a separate document and is available for public view at City Hall upon request. Agenda Page 3 City Council Meeting Draft Minutes Page 2 Regular Meeting of May 2,2022 6. Consent Agenda -continued D. Approve an Intoxicating Temporary On-Sale Liquor License for the Albertville Lions, Knights of Columbus 94174, Albertville Fire Relief Association and the Foxtails Snowmobile Club for June 9 through June 12, 2022 for the 2022 Friendly City Days Festival for a flat fee of$100 for the event. E. Approve street closures as requested for Albertville Friendly City Days and approve extended hours for Central Park on June 8 & 9 to 11 pm and June 10 & 11 to 1:30 pm. F. Approve a Community Festival Permit for Neighbors Eatery and Saloon for June 9 to June 12, 2022. G. Adopt Resolution No. 2022-18 electing the standard allowance available under the Revenue Loss Provision of the Coronavirus Local Fiscal Recovery Fund established under the American Rescue Plan Act. MOTION made by Councilmember Cocking, seconded by Councilmember Olson to approve the May 2, 2022, Consent Agenda as submitted. Ayes: Cocking, Hendrickson, Hudson, Olson and Zagorski. Nays: None. The motion carried. 7. Public Hearing—None 8. Wright County Sheriff's Office—Updates, reports, etc. There were no updates from the Wright County Sheriff's Office. 9. Department Business A. City Council 1. Committee Updates (STMA Ice Arena, Planning, JPWB, Parks, Fire Board, FYCQ Councilmember Zagorski presented an update from the STMA Operating Referendum Steering Committee which included the Committee's discussion of a possible operating referendum in November 2022. He reported the Committee also discussed potential strategies if there was a referendum this year and answered questions from the other Councilmembers. City Administrator Councilmember Cocking provided details from last year's Operating Referendum Steering Committee meetings. Councilmember Olson provided an update from the Joint Water Board meeting which included the hiring of a new employee, John Seifert. He also provided an update from the Parks Committee meeting which included details on the upcoming Explore Your Park Night event on May 20, 2022. B. Building—None C. City Clerk—None D. Finance—None E. Fire 1. Update on Otsego Fire Delivery Study Fire Chief Bullen reported the City of Otsego was moving forward with their Fire Delivery Study which began with five different options but was now down to two options. He said one of the Agenda Page 4 City Council Meeting Draft Minutes Page 3 Regular Meeting of May 2,2022 1. Update on Otsego Fire Delivery Study- continued options would be a professional service agreement that would manage the City's fire service personnel and the other was for the City to start their own fire department. Chief Bullen said both of the options would include the construction of a fire station within the City. He answered questions from Council. City Administrator Nafstad provided additional information on the study and said the City of Albertville would be amending the Fire Protection agreement with Otsego. He reported City staff would present a draft agreement to the City Council for review early in this year's budget process. 2. Update on I94 West Chamber of Commerce First Responders Luncheon Fire Chief Bullen stated this year's luncheon would be in person on May 24 at 10:30 am. He said three for the Albertville fire fighters, Captain Eull, Captain Gammell and Lieutenant Anderson have been nominated this year for their quick response to a medical call, in the City of Otsego,which saved the life of a resident. The was Council discussion regarding the upcoming First Responders Luncheon. F. Planning and Zoning—None G. Public Works/Engineering 1. Authorize Television Inspection of Sanitary Sewer Mainline Clay Pipe Water and Waste Supervisor Middendorf provided background information which included the last time the sanitary sewer clay pipes were inspected and repaired. City Administrator Nafstad answered questions from Council regarding the future replacement of the clay sewer pipes and said the inspection of the pipes was consistent with the City's Sewer Maintenance Plan. MOTION made by Councilmember Cocking, seconded by Councilmember Hudson to authorize Hydro Klean to conduct a television inspection of 6,411' of sanitary sewer pipe, at a cost of $9,616.50 or$1.50 per foot. Ayes: Cocking, Hendrickson, Hudson, Olson and Zagorski. Nays: None. The motion carried. H. Legal—None L Administration 1. City Administrator's Update City Administrator Nafstad said City staff has recently toured some area waste water treatment plants that do not use the reed bed process. He discussed the possible usage of the reed bed area once the City moved forwarded with the elimination project. He reported City staff would provide improvement options to Council for their consideration and answered questions from Council. Administrator Nafstad said a Joint Governance Meeting was scheduled for May 31, 2022. The Council discussed the upcoming meeting and the outcome was the majority of the Council would not be available for the May 31 meeting. Mr. Nafstad said he would notify the other groups the City of Albertville would not be available. Agenda Page 5 City Council Meeting Draft Minutes Page 4 Regular Meeting of May 2,2022 1. City Administrator's Update- continued Mayor Hendrickson said the owners of Konz Crossing reached out to her and said they were planning a soft ground breaking on May 13, 2022, at 3 pm. Announcements and/or Upcoming Meetings May 9 STMA Arena Board, 6 pm May 10 Planning Commission, 7 pm May 16 City Council, 7 pm May 23 Joint Powers Water Board, 6 pm Parks Committee, 7 pm May 30 City Offices closed in observance of Memorial Day May 31 Joint Governance Meeting, 6 pm June 6 City Council, 7 pm June 8-12 2022 Albertville Friendly City Days 10. Adjournment MOTION made by Councilmember Hudson, second by Councilmember Cocking to adjourn the meeting at 7:47 pm. Ayes: Hendrickson, Cocking, Hudson, Olson and Zagorski. Nays: None. The motion carried. Respectfully submitted, Kristine A. Luedke, City Clerk Agenda Page 6 �lbcrtviljc Mayor and Council Request for Action I f May 16, 2022 SUBJECT: CONSENT—FINANCE—PAYMENT OF BILLS RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Authorize the Monday,May 16, 2022,payment of the claims as presented except the bills specifically pulled, which are passed by separate motion. The claims listing has been provided to Council as a separate document. The claims listing is available for public viewing at City Hall upon request. BACKGROUND: The City processes claims on a semi-monthly basis. The bills are approved through their respective departments and administration and passed onto the City Council for approval. KEY ISSUES: • Account codes starting with 810 are STMA Arena ExpensesNendors (bolded) and key issues will be presented in the claims listing document. POLICY/PRACTICES CONSIDERATIONS: It is the City's policy to review and approve payables on a semi-monthly basis. FINANCIAL CONSIDERATIONS: City staff has reviewed and recommends approval of payments presented. LEGAL CONSIDERATIONS: The Mayor and Council have the authority to approve all bills pursuant to Minnesota State Law, which requires all bills to be paid in a timely manner, generally within 30 days unless one party determines to dispute the billing. Responsible Person: Tina Lannes, Finance Director Submitted through: Adam Nafstad, City Administrator-PWD Attachment: • List of Claims (under separate cover) Agenda Page 7 �lbcrtvillc Mayor and Council Request for Action May 16, 2022 SUBJECT: CONSENT—CLERK—SPECIAL EVENT PERMIT FOR THE HEN AND THE HOG FOR THEIR PARKING LOT PARTY DURING ALBERTVILLE FRIENDLY CITY DAYS RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Approve a Special Event Permit including a Temporary Outdoor Music Permit for The Hen and The Hog located at 5262 Kyler Avenue NE, Suite #111 for their Parking Lot Party during Albertville Friendly City Days on June 9, 10 and 11, 2022. BACKGROUND: The Hen and The Hog submitted a special event permit application for their Parking Lot Party event during this year's Albertville Friendly City Days Festival. Their special event will be held on Thursday, June 9 from 4 to 9 pm, Friday, June 10 from 3 to 11 pm and Saturday, June 11, 2022, from 11 am to 11 pm at their restaurant located at 5262 Kyler Avenue NE, Suite 111, Albertville. The Hen and The Hog special event will feature live music and the restaurant will be partnering with a nonprofit organization who has applied for an on-sale temporary liquor license for wine and beer service during the event. KEY ISSUES: • The event will be held outdoors in The Hen and The Hog's parking lot located at 5262 Kyler Avenue NE, Suite 9111 on June 9, 10 and 11, 2022. • Wine and beer service will be provided under a temporary liquor license obtained by the nonprofit, STMA Football Boosters. • The area will be fenced in with controlled entrances and must follow the requirements set forth by the Albertville Fire Chief. • The applicant has submitted a site plan showing the location of the speakers, fencing and security, and has indicated adequate sanitary facilities as well as parking. • The Hen and The Hog special event permit application includes a request for a temporary outdoor music permit for the event. POLICY/PRACTICES CONSIDERATIONS: Special events permits are subject to the approval of the City Council. LEGAL CONSIDERATIONS: The applicant shall comply with the regulations for a special event permit and outdoor liquor sales. Responsible Person: Kris Luedke, City Clerk Submitted Through:Adam Nafstad, City Administrator-PWD Attachments: • The Hen and The Hog's special event permit application is on file in the City Clerk's Office Agenda Page 8 �lbcrtviljc Mayor and Council Request for Action I f May 16, 2022 SUBJECT: CONSENT—CITY CLERK—APPROVE ON-SALE TEMPORARY LIQUOR LICENSE APPLICATION FOR STMA FOOTBALL BOOSTERS RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider the following: MOTION TO: Approve an On-Sale Temporary Liquor License for STMA Football Boosters for June 9 through June 11, 2022, for The Hen and The Hog's Special Event located at 5262 Kyler Avenue NE, Suite#111. BACKGROUND: The STMA Football Boosters have applied for an on-sale temporary liquor license for The Hen and The Hog's Parking Lot Party during Albertville Friendly City Days event located at 5262 Kyler Avenue NE, Suite 111,Albertville. KEY ISSUES: • STMA Football Boosters have applied for a temporary liquor license for wine and beer service. • The organization is requesting to serve during The Hen and The Hog's Parking Lot Party event on June 9, 10 and 11. • The City has received the appropriate liquor liability coverage for the event. • The $100 fee for a temporary liquor license has been submitted for the event. FINANCIAL CONSIDERATIONS: There is minimal financial revenue collected from the applicant for the liquor licensing. LEGAL CONSIDERATIONS: The Mayor and City Council have the authority to review and approve or deny any liquor license. Responsible Person: Kris Luedke, City Clerk Submitted through: Adam Nafstad, City Administrator-PWD Attachments: • Temporary Liquor License application is on file in the City Clerk's Office. Agenda Page 9 �lbcrtvillc Mayor and Council Request for Action May 16, 2022 SUBJECT: PLANNING—RECREATIONAL VEHICLE USE ON CITY STREETS ORDINANCE RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Adopt Ordinance No. 2202- 05 amending the Albertville City Code, Title 7 Motor Vehicles and Traffic, Chapter 3: Snowmobiles, Recreational Vehicles and Motorized Golf Carts; allowing class 2 all-terrain vehicles to travel on public streets within the City and approving summary Ordinance for publication. BACKGROUND: We have a resident that is requesting that side by side ATVs (class 2 all- terrain vehicles)be allowed to travel on public streets within the City of Albertville, as motorized golf carts were recently permitted to. MN State Statute 169.045 addresses Special Vehicle Use of Roadways. This statute allows a City to adopt an ordinance to allow vehicles such as ATVs, golf carts, and mini trucks to use public streets. Without this type of ordinance, these vehicles are not allowed to travel on public streets except for crossing a public street at an intersection. The City approved a code amendment allowing golf carts on City streets in April, 2021. KEY ISSUES: The draft Class 2 All-Terrain Vehicle code amendment mimics Albertville's Snowmobile regulations in addressing the following key issues. • The draft ordinance defines where the class 2 all-terrain vehicle may travel within the surface of the roadway to avoid competition with other motor vehicles. Class 2 all-terrain vehicles may only travel on local streets; they are prohibited on County and State roadways except when crossing at an intersection. • Class 2 all-terrain vehicles are prohibited from traveling on City sidewalks, trails, and City parks. • Class 2 all-terrain vehicle drivers must be a licensed driver and obey the traffic laws. This prohibits underage drivers from using class 2 all-terrain vehicles on public streets. • Hours of operation are limited to daylight hours unless the class 2 all-terrain vehicle is equipped with head lights; taillight, brake lights and turn signals. • The class 2 all-terrain vehicle must be insured. • The draft ordinance outlines minimum equipment standards for class 2 all-terrain vehicles traveling on public streets, including the need for a rearview mirror. • St. Michael code allows class 2 ATVs on public streets with similar standards. POLICY/PRACTICES CONSIDERATIONS: City Staff has examined other cities with class 2 all-terrain vehicle regulations and presented these options to the City Council in May 2022. Agenda Page 10 Mayor and Council Request for Action —May 16, 2022 Planning- Class 2 All-Terrain Vehicle Amendment Page 2 of 2 The Council is asked to review the draft ordinance and determine if the ordinance adequately addresses the use of class 2 all-terrain vehicles on public streets in Albertville. FINANCIAL CONSIDERATIONS: The draft ordinance does not require any administrative processing of any license or permit to operate a class 2 all-terrain vehicle on public streets to reduce time and costs associated with this use. LEGAL CONSIDERATIONS: Any licensed driver may operate a class 2 all-terrain vehicle on local streets if the machine meets the equipment standards and they abide by the regulations of this ordinance amendment and the traffic safety laws. The City will rely on the Wright County Sheriff patrol for enforcement traffic violations. Responsible Person: Alan Brixius, City Planner/Tara Kohl Submitted Through: Adam Nafstad, City Administrator-PWD Attachments: • St. Michael's Recreational Vehicle Ordinance • Draft Ordinance No. 2022-05—Class 2 ATV • Summary of Ordinance 2022-05 • Resident Request Letter Agenda Page 11 CHAPTER 72: RECREATIONAL MOTOR VEHICLES Section 72.01 Purpose and intent 72.02 Definitions 72.03 Permitted operation of a recreational motor vehicle 72.04 Restrictions of recreational motor vehicles 72.05 Minimum equipment requirements 72.06 Compliance 72.99 Penalty § 72.01 PURPOSE AND INTENT. The purpose of this chapter is to provide reasonable regulations for the use of recreational motor vehicles on public and private property in the city. It is intended to protect life, property, and to prevent public nuisances. No section hereafter shall be construed to minimize regulations set forth in M.S. Ch. 168 (Motor Vehicle Registration), as it may be amended from time to time, M.S. Ch. 169 (Motor Vehicle Operation)/(Driver License Regulations), as it may be amended from time to time, and M.S. §§ 84.81 et seq. (Snowmobile Regulations), as it may be amended from time to time. (Ord. 2004, passed 11-10-20) § 72.02 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. ALL-TERRAIN VEHICLE or VEHICLE. Has the meaning given in M.S. § 84.92, subd. 8, as it may be amended from time to time. CLASS 1 ATV. An ATV that has a total dry weight of less than 900 pounds. CLASS 2 ATV. An ATV that has a total dry weight of 900 to 1,500 pounds. DRIVER-OPERATOR. Every person who drives or operates and is in actual physical control of a recreational vehicle. MOTORIZED BICYCLE. A bicycle with fully operational pedals which may be propelled by human power or a motor, or by both, with a motor with a capacity of less than 50 cubic centimeters piston displacement, and a maximum of two brake horsepower, which is capable of a maximum speed of not more than 30 miles per hour on a flat surface with not more than 1% grade in any direction when the motor is engaged. MOTORIZED GOLF CART. A vehicle usually three or four wheeled, which is self-propelled and is designed to be used to provide transportation on a golf course. Agenda Page 12 OWNER. A person, other than a lien holder, having the property in or title to a recreational motor vehicle entitled to the use or possession thereof. RECREATIONAL MOTOR VEHICLE (RMI0. A self-propelled vehicle designed for travel on snow, ice, or natural terrain steered by wheels, skis, or runners. Snowmobiles, Class 1 ATV, Class 2 ATV, UTV, golf carts, go-carts, mini-bikes, motorized bicycle, dune buggies, and trail bikes are all RMVs. SNOWMOBILE. A self-propelled vehicle designed for travel on snow or ice steered by skis or runners. (Ord. 2004, passed 11-10-20) § 72.03 PERMITTED OPERATION OF A RECREATIONAL MOTOR VEHICLE. The following recreational motor vehicles shall be specifically permitted within the corporate limits of the city subject to the following regulations: (A) Class 2 ATVs and snowmobiles. (1) Class 2 ATVs and snowmobiles shall be operated for general recreational use as a direct route for access to and from the operator's residence for the purpose of entering or leaving the city. (2) Class 2 ATVs shall operate on the extreme right-hand side of the right-of-way of streets, roadways, or alleys used for other public motor vehicular travel and that are under the jurisdiction of the city, and follow all regulations described in M.S. § 84.928, subd. 1, as it may be amended from time to time. (3) Snowmobiles shall operate on the extreme right-hand side of the right-of-way streets, roadways, or alleys that are used for other public motor vehicular travel and that are under the jurisdiction of the city, and follow all regulations described in M.S. § 84.87, subd. 1, as it may be amended from time to time. (4) Owner-operator shall present proof of registration of the Class 2 ATV, if registration is required by M.S. § 84.922, as it may be amended from time to time. (5) Owner-operator shall hold valid insurance complying with M.S. § 6513.48, subd. 5, as it may be amended from time to time. (6) Class 2 ATVs and snowmobiles shall obey all city and state traffic laws when operating vehicles on city streets. (Ord. 2004, passed 11-10-20) Penalty, see § 72.99 § 72.04 RESTRICTION OF RECREATIONAL MOTOR VEHICLES. (A) Recreational motor vehicles shall not be allowed, except as specifically permitted in § 72.03. (B) It is a misdemeanor to operate any recreational motor vehicle as listed in divisions (C) and (D) below. (C) Class 2 ATVs and snowmobiles shall comply with the following regulations: (1) Hours. Shall be operated between the hours of 7:00 a.m. and 11:00 p.m., except on Fridays, Saturdays, and evenings preceding Thanksgiving, Christmas, and New Year's the hours shall be 7:00 a.m. to 1:00 a.m.; (2) Speed. Shall not be operated at a rate of speed greater than reasonable, prudent, or proper under all the surrounding circumstance, but in no case exceeding 15 mph for snowmobiles and 20 mph for Class 2 ATV in all residentially zoned areas; Agenda Page 13 (3) Public land, sidewalks and trails. Shall not be operated on publicly owned lands, including, but not limited to school grounds, city streets, park property, playgrounds, or recreation areas, nor on any sidewalks or pathways in the city provided for pedestrian and/or bicycle travel, except on state designated lands and trails open to Class 2 ATVs and snowmobiles; (4) Ditches. Class 2 ATVs shall not be operated on the bottom or inside slope of a road ditch, unless on a trail designated for Class 2 ATV; (5) Manner. Shall not be operated at any place in a careless, reckless, or negligent manner so as to endanger or be likely to endanger any person or property or to cause injury or damage thereto; (6) Private property. Shall not be operated on private property of another without specific permission of the owner or person in control of the property; (7) Under the influence. Shall not be operated while under the influence of alcohol or drugs as defined in M.S. § 169A.20, as it may be amended from time to time; (8) Animals. Shall not be operated in a manner to intentionally drive, chase, run over, kill or otherwise take or attempt to take any animal, wild or domestic; (9) Highway. Shall not be operated on any roadway, shoulder, or inside bank or slope of any city trunk, county state aid, or county highway in the city, except as provided in this chapter, nor shall operation on any such highway be permitted where the roadway directly abuts a public sidewalk or walkway; and (10) Lights. Shall not be operated without headlight and taillight illuminated, if the vehicle is equipped with headlight and taillight. (D) All other recreational motor vehicles, including, but not limited to, Class 1 ATVs, motorized golf carts, go-carts, mini-bikes, motorized bicycles, dune buggies, and utility task vehicles, are not permitted on any city street, county or state highway, sidewalk, pathway, trail, recreational area, or any other public area, nor on any private property of another without permission to do so by the owner of the property. (Ord. 2004, passed 11-10-20) Penalty, see § 72.99 § 72.05 MINIMUM EQUIPMENT REQUIREMENTS. (A) Muffler. Standard mufflers shall be properly attached and in constant operation to reduce the noise of operation of the motor to the minimum necessary for operation. No person shall use a muffler cutout, by-pass, straight pipe, or similar device on a recreational motor vehicle motor. The exhaust system shall not emit or produce a sharp popping or crackling sound. (B) Brakes. Brakes shall be adequate to control the movement under any conditions of operation. (C) Lights. At least one clear lamp shall be attached to the front with sufficient intensity to reveal persons and vehicles at a distance of at least 100 feet ahead during the hours of darkness under normal atmospheric conditions. The head lamp shall be so that glaring rays are not projected into the eyes of an oncoming vehicle operator. It shall also be equipped with at least one red tail lamp having a minimum candlepower of sufficient intensity to exhibit a red light plainly visible from a distance of 500 feet to the rear during the hours of darkness under normal atmospheric conditions. This equipment shall be required and shall be in operating condition when the vehicle is operated between the hours of one- half hour after sunset and one-half hour before sunrise, or at times of reduced visibility. (D) Reflective material. Snowmobiles shall have reflective material at least 16 inches on each side, forward on the handlebars, so as to reflect a beam of light at a 90-degree angle. (E) Safety equipment. Helmet and seat belts shall be required as follows: Agenda Page 14 (1) A person less than 18 years of age shall not ride as a passenger or as an operator of a recreational vehicle regulated herein on public land, public waters, or on a public road right-of-way unless wearing a safety helmet approved by the Commissioner of Public Safety. (2) A person less than 18 of age shall not ride as a passenger or as an operator of a vehicle regulated herein without wearing a seat belt when a seat belt has been provided by the manufacturer. (Ord. 2004, passed 11-10-20) Penalty, see § 72.99 § 72.06 COMPLIANCE. It is unlawful for an owner-operator to permit operation of a recreational motor vehicle contrary to the provisions of this chapter. (Ord. 2004, passed 11-10-20) Penalty, see § 72.99 § 72.99 PENALTY. Any person violating any provision of this chapter is guilty of a misdemeanor and upon conviction shall be punished not more than the maximum penalty for a misdemeanor as prescribed by state law. (Ord. 2004, passed 11-10-20) Agenda Page 15 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO. 2022-05 AN ORDINANCE AMENDING THE CITY CODE,TITLE 7 MOTOR VEHICLES AND TRAFFIC, CHAPTER 3 SNOWMOBILES,RECREATIONAL VEHICLES AND MOTORIZED GOLF CARTS IN THE CITY OF ALBERTVILLE,MINNESOTA The City Council of the City of Albertville, Minnesota hereby ordains: Section 1. Title 7 Motor Vehicles and Traffic, Chapter 3 Snowmobiles, Recreational Vehicles and Motorized Golf Carts is hereby amended as follows: Chapter 3 Snowmobiles, Recreational Vehicles and Motorized Golf Carts. Section 2. Section 7-3-2, Definitions of the Albertville City Code is hereby amended as follows: All-Terrain Vehicle: All-Terrain Vehicle means a motorized vehicle with not less than three, but not more than six low pressure tires. All-Terrain Vehicle includes Class 1 All-Terrain Vehicles and Class 2 All-Terrain Vehicles. Class 1 All-Terrain Vehicle: Class 1 All-Terrain Vehicle means an All-Terrain Vehicle that has a total width from outside of tire rim to outside of tire rim that is fifty (50) inches or less and a total dry weight of less than nine hundred (900)pounds. Class 2 All-Terrain Vehicle: Class 2 All-Terrain Vehicle means an all-terrain vehicle that has a total width from outside of tire rim to outside of tire rim that is greater than fifty (50)inches but not more than sixty-five (65) inches and a total dry weight of nine hundred (900)to one thousand five hundred (1,500)pounds. Section 3. 7-3-7: Motorized Golf Carts and Class 2 All-Terrain Vehicles: A. Operation: The following operating restrictions shall apply to the operation of Golf Carts and Class 2 All-Terrain Vehicles: 1. Single File, Right Hand Lane: No person shall operate a motorized golf cart or class 2 all-terrain vehicle on the portion of any right of wady street, except single file, on the most right-hand lane when available for traffic or as close as practical to the right-hand curb or edge of the roadwayy, except when passing another vehicle stopped in that lane. 2. Private Property: No person shall operate a motorized golf cart or class 2 all-terrain vehicle on the private property of another without lawful authority or consent of the owner. Agenda Page 16 City of Albertville Ordinance No. 2022-05 Meeting of May 16,2022 Page 2 3. Speed Limit: The speed limit should apply as follows: a. No person shall operate a motorized golf cart or class 2 all-terrain vehicle on streets or roadways at a speed in excess of twenty (20) miles per hour. b. No person shall operate a class 2 all-terrain vehicle above the posted speed limit on any given city street or roadway. 4. Sidewalks and Paved Walkwayperson shall operate a motorized golf cart or class 2 all-terrain vehicle on public sidewalks,pedestrian paths, or paved trails within the 61y. 5. Times of Operation. No person shall operate a motorized golf cart or class 2 all- terrain vehicle within the city during between sunset and sunrise without rear-facing brake lights, turn signals, and headlights. They shall not be operated in inclement weather, except during emergency conditions as provided in the ordinance, or when visibilily is impaired by weather, smoke, fog, or other conditions, or at any time when there is insufficient visibility to clearlypersons and vehicles on the roadway at distance of five hundred (500) feet. 6. Stop and Yield Intersections: No motorized golf cart or class 2 all-terrain vehicle shall enter any intersection without making a complete stop. The operator shall then yield the right of way try vehicles or pedestrians at the intersection, or so close to the intersection as to constitute an immediate hazard if not yielded to. 7. Motorized golf carts and class 2 all-terrain vehicles not equipped with brake lights or turn signals must use appropriate hand signals to signal turns as defined by Minnesota State Statute 169.19 Subd. 8. 8. Persons at least sixteen (16) years of age and holding a valid driver's license recognized by the State of Minnesota as permittin the he operation of motor vehicles in the state are allowed to operate a motorized golf cart or class 2 all-terrain vehicle on streets within the City of Albertville. 9. Insurance: Motorized golf carts and class 2 all-terrain vehicles must have current vehicle insurance. 10. Motorized golf carts and class 2 all-terrain vehicles shall only be operated on city owned streets and alleys within the boundaries of the city with the following exception: a. Motorized golf carts and class 2 all-terrain vehicles may cross an. cry or state highway intersecting a city owned street. B. Operation Prohibited in City Parks: It shall be illegal to operate a motorized golf cart or class 2 all-terrain vehicle within the boundaries of a city designated park. Agenda Page 17 City of Albertville Ordinance No. 2022-05 Meeting of May 16,2022 Page 3 C. Required Equipment: Motorized golf carts and class 2 all-terrain vehicles shall have the following required equipment: 1. Brakes: Brakes adequate to control the movement of and to stop and hold the motorized golf cart or class 2 all-terrain vehicle. 2. Mufflers: Standard mufflers which are properly attached and in constant operation and which reduce the noise of operation of the motor to the minimum necessary operation. No person shall use a muffler cutout, bypass, straightpipe or similar device on a motorized golf car or class 2 all-terrain vehicle, and the exhaust system shall not emit or produce a sharp popping or crackling sound. 3. Rearview Mirror: The motorized golf cart or class 2 all-terrain vehicle shall be equipped with a rearview mirror. 4. Slowing Moving Vehicle Sign: The motorized golf cart shall be equipped with a slow-moving vehicle sign on the rear of the vehicle as provided for in Minnesota Statues section 169.522, when operated on designated roadways. Section 4. This ordinance shall be effective upon its passage and publication. Adopted by the City Council of the City of Albertville this 16" day of May,2022. Jillian Hendrickson, Mayor ATTEST: Kristine A. Luedke, City Clerk CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA SUMMARY ORDINANCE NO. 2022-05 AN ORDINANCE AMENDING THE ALBERTVILLE CITY CODE,TITLE 7 MOTOR VEHICLES AND TRAFFIC, CHAPTER 3 ALLOWING FOR ALL-TERRAIN VEHICLES USE ON PUBLIC STREET THE CITY COUNCIL OF THE CITY OF ALBERTVILLE,MINNESOTA ORDAINS: Notice is hereby given that on May 16, 2022 Ordinance No. 2022-05 was adopted by the City Council of the City of Albertville, Minnesota. Due to the length of the ordinance, the following summary ordinance has been prepared for publication. Notice is further given that the adopted ordinance amendment includes the following components: Title 7, Chapter 3 All-Terrain Vehicles Providing regulations for the operation of all-terrain vehicles within the City of Albertville. A printed copy of the entire ordinance amendment is available for inspection by any person during City Hall's regular office hours. Approved for publication by the Albertville City Council on this 16th day of May, 2022. Attest: Kristine Luedke Albertville City Clerk Publish Date: Agenda Page 19 Albertville City Hall 5959 Main Ave. Albertville,MN 55301 Dear Adam Nafstad, In the City of Albertville they past that Golf Carts are allowed to be driven in the city limits of Albertville, per 7-3-7: MOTORIZED GOLF CARTS% I am requesting that you consider allowing side by sides(Class 2 all-terrain vehicle)to be driven within the city of Albertville.The side by side I own has roll cage, headlights, break lights, blinkers,windshield, horn and is registered with license plate in Minnesota to be able to ride on State Trails. I know several other residents of Albertville that have similar safety items on their side by sides. In Minnesota,ATV operators born after July 1, 1987 and OHM riders under the age of 16 are required to complete an approved safety course before riding on public lands.To drive on state trails under the age of 18 need to wear a helmet.With all of these safety measures in place from the State of Minnesota,please consider adding Class 2 all-terrain vehicles the ability to be driven within Albertville.Class 2 all-terrain vehicles are allowed in St. Michael,Otsego Hanover and in Monticello. These vehicles allow people to enjoy all of the Minnesota seasons. Please contact me with your decision or if you have any questions at 763-438-1862. 1 am also including a picture of my side by side. 2021 Minnesota Statutes 169.045 SPECIAL VEHICLE USE ON ROADWAY. Subdivision 1.Designation of roadway,permit. The governing body of any county, home rule charter or statutory city, or town may by ordinance authorize the operation of motorized golf carts, all-terrain vehicles,utility task vehicles, or mini trucks, on designated roadways or portions thereof under its jurisdiction. Authorization to operate a motorized golf cart, all-terrain vehicle, utility task vehicle, or mini truck is by permit only. For purposes of this section: (1) an all-terrain vehicle has the meaning given in section 84.92: Subd. 2.Ordinance. The ordinance shall designate the roadways,prescribe the form of the application for the permit, require evidence of insurance complying with the provisions of section 65B.48. subdivision 5 and may prescribe conditions, not inconsistent with the provisions of this section,under which a permit may be granted. Permits may be granted for a period not to exceed three years, and may be renewed. A permit may be revoked at any time if there is evidence that the permittee cannot safely operate the motorized golf cart, all-terrain vehicle, utility task vehicle, or mini truck on the designated roadways. The ordinance may require, as a condition to obtaining a permit,that the applicant submit a certificate signed by a physician that the applicant is able to safely operate a motorized golf cart, all-terrain vehicle,utility task vehicle, or mini truck on the roadways designated. Subd. 3.Times of operation. Motorized golf carts, all-terrain vehicles, and utility task vehicles may only be operated on designated roadways from sunrise to sunset, unless equipped with original equipment Agenda Page 20 headlights,taillights, and rear-facing brake lights. They shall not be operated in inclement weather, except during emergency conditions as provided in the ordinance, or when visibility is impaired by weather, smoke, fog or other conditions, or at any time when there is insufficient visibility to clearly see persons and vehicles on the roadway at a distance of 500 feet. 5ubd. 10.Class 2 all-terrain vehicle. "Class 2 all-terrain vehicle" means an all-terrain vehicle that has a total width from outside of tire rim to outside of tire rim that is greater than 50 inches but not more than 65 inches. 4� � . . m Thank you. Sincerely,,4r L ' Kevin Kartes Agenda Page 21