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2022-06-20 City Council Agenda Packet City of Albertville Council Agenda Monday, June 20, 2022 City Council Chambers 7 pm 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 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 June 6, 2022, regular City Council Meeting minutes as presented. 4-6 B. Authorize the Monday, June 20, 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. 7 C. Adopt Resolution No. 2022-19 Appointment of Election Judges and Absentee Ballot Board for the Primary Election on August 9, 2022. 8-10 D. Adopt Resolution No. 2022-20 Accepting a Donation from the Albertville Lions for Rescue Air Bags for the Albertville Fire Department. 11 E. Approve a Driveway Replacement Contract for property owners Gregory & Linda Mozis located at 5551 Kahler Drive NE, Albertville, MN 55301 12-14 F. Approve a Driveway Replacement Contract for property owners Riley Ross & Antoinette Menth located at 10307 Karston Avenue NE, Albertville, MN 55301 15-16 7. Public Hearing 8. Wright County Sheriff’s Office – Updates, reports, etc. 1. Wright County Sheriff Deringer’s Presentation – 2023 Contract Hours 9. Department Business A. City Council 1. Committee Updates (STMA Arena, Planning, JPWB, Parks, Fire Board, FYCC, etc) B. Building – None City of Albertville City Council Agenda Monday, June 20 2022 Page 2 of 3 C.City Clerk – None D.Finance – None E.Fire – None F.Planning and Zoning 1.Psyk Property West Concept Plan – Discussion Item 17-24 2.Recreational Vehicle Use on City Streets 25-32 (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 Golf Carts and Class 2 ATVs to travel on local public streets within the City with an approved City permit and approve summary Ordinance for publication.) 3.Swimming Pool Fence Amendment 33-37 (Motion to adopt Ordinance No. 2022-06 amending the Zoning Code, Chapter 1000, Section 1000.5 C.3, pertaining to swimming pools accessory to single family and two- family lots and the required fences or enclosures to restrict access to swimming pools and approve summary Ordinance for publication.) 4.Vehicle Weight Classes and Load Amendment 38-46 (Motion to adopt Ordinance No. 2022-07 amending the City Code, Title 7 Motor Vehicles and Traffic, Chapter 1 General Traffic Provisions, Subsection 2 Vehicles with Lugs; Vehicle Weight and Load; pertaining to vehicle weights/sizes permitted on local streets in the City of Albertville and approve summary Ordinance for publication.) (Motion to adopt Ordinance No. 2022-08 amending Section 1000.15 A.4: Outside Storage, Residential, Commercial and Industrial Uses and Section 1200.4.F Off- Street Parking requirements of the Albertville Zoning Code; limiting the weight and size motor vehicles allowed to be parked or stored on a residential lot and approve summary Ordinance for publication.) 5.Solar Energy System Regulations 47-51 (Motion to adopt Ordinance No. 2022-09 amending Chapter 1000 and Section 1000.24 establishing the Zoning regulations for the installation of building integrated solar energy systems and approve summary Ordinance for publication.) G.Public Works/Engineering – None H.Legal 1.Contract to Remove Nuisances and Zoning Violations from The Maeyaert Property 52-60 (Motion to authorize City staff to retain the services of Trilogy Properties of MN, LLC to remove or remedy City Code violations from the Maeyaert property consistent with the Wright County District Court’s April 11, 2022, order.) City of Albertville City Council Agenda Monday, June 20, 2022 Page 3 of 3 I.Administration 1.City Administrator’s Update - Verbal 10.Announcements and/or Upcoming Meetings June 26 Joint Powers Water Board, 6 pm Parks Committee, 7 pm July 4 City Offices closed in observance of Independence Day July 11 STMA Arena Board, 6 pm July 12 Planning Commission, 7 pm July 18 City Council, 7 pm 11.Adjournment ALBERTVILLE CITY COUNCIL DRAFT REGULAR MEETING MINUTES June 6, 2022 – 7 pm Council Chambers Albertville City Hall 1. Call to Order Acting Mayor Olson called the meeting to order at 7 pm. 2. Pledge of Allegiance – Roll Call Present: Acting Mayor Olson, Councilmembers Cocking and Zagorski Councilmember Hudson arrived at 7:10 pm. Absent: Mayor Hendrickson Staff Present: City Administrator Nafstad, Fire Chief Bullen and City Clerk Luedke 3. Recognitions – Presentations – Introductions – None 4. Public Forum There was no one present for the public forum. 5. Amendments to the Agenda MOTION made by Councilmember Cocking, seconded by Councilmember Zagorski to approve the June 6, 2022, agenda as submitted. Ayes: Cocking, Olson and Zagorski. Nays: None. Absent: Hendrickson and Hudson. 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 May 16, 2022, regular City Council Meeting minutes as presented. B. Authorize the Monday, June 6, 2022, payment of claims as presented, except bills specifically pulled which are passed by separate motion. The claims listing has been MOTION made by Councilmember Cocking, seconded by Councilmember Zagorski to approve the June 6, 2022, Consent Agenda as submitted. Ayes: Cocking, Olson and Zagorski. Nays: None. Absent: Hendrickson and Hudson. 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. Agenda Page 4 City Council Meeting Draft Minutes Page 2 Regular Meeting of June 6, 2022 9. Department Business A. City Council 1. Committee Updates (STMA Arena, Planning, JPWB, Parks, Fire Board, FYCC) Acting Mayor Olson provided an update from the Joint Powers Water Board which included a discussion on property owner fees. He answered questions from the other Councilmembers. B. Building – None C. City Clerk 1. Set Preliminary 2022 Budget Workshops City Clerk Luedke said City staff would like to set the 2022 budget workshops to discuss the 2023 preliminary budget. She said the purposed workshop dates were July 18, August 1 and August 15 and asked if Council preferred to meet before or after the regular City Council meeting. City Administrator Nafstad said if Council preferred for the July 18 budget workshop, the presentation could be given during the regular City Council meeting. There was Council discussion regarding the proposed budget workshop dates and the consensus was to set the workshops August 1 and August 15, 2022, beginning at 6:15 pm and have the initial presentation given during the July 18 City Council meeting. MOTION made by Councilmember Cocking, seconded by Councilmember Zagorski to set the workshops to discuss the 2023 preliminary budget for August 1 and August 15 at 6:15 pm. Ayes: Cocking, Hudson, Olson and Zagorski. Nays: None. Absent: Hendrickson. The motion carried. D. Finance – None E. Fire – None F. Planning and Zoning – None G. Public Works/Engineering – None H. Legal 1. Update on Maeyaert Property City Administrator Nafstad said the City would soon be notifying the property owner that the 60- day appeal period was almost up. He also provided an update on the different contractors the City has contacted to clean-up the property and answered questions from Council. There was Council discussion regarding the condition of the Maeyaert property and the clean-up process. I. Administration 1. City Administrator’s Update City Administrator Nafstad said the Albertville Friendly City Days social was scheduled for Thursday, June 9 at 6 pm in Central Park. Agenda Page 5 City Council Meeting Draft Minutes Page 3 Regular Meeting of June 6, 2022 1. City Administrator’s Update - continued City Administrator Nafstad inquired if Council would be interested in holding an appreciation event for the City’s Planning Commissioners and the Park Committee members. There was Council discussion regarding a possible appreciation event for the Commissioners and Committee members and the consensus was to have City staff bring to the next City Council meeting further details and possible dates. City Administrator Nafstad reported the I-94 Coalition has scheduled a grant advocacy trip to Washington DC on July 13 and 14 and was looking for members of the Albertville Council to attend. He answered questions from Council regarding the upcoming scheduled trip. He also provided an updated on the current construction projects within the City. Announcements and/or Upcoming Meetings June 8-12 2022 Albertville Friendly City Days June 13 STMA Arena Board, 6 pm June 14 Planning Commission, 7 pm June 20 City Council, 7 pm June 26 Joint Powers Water Board, 6 pm Parks Committee, 7 pm July 4 City Offices closed in observance of Independence Day 10. Adjournment MOTION made by Councilmember Cocking, second by Councilmember Zagorski to adjourn the meeting at 7:21 pm. Ayes: Cocking, Hudson, Olson and Zagorski. Nays: None. Absent: Hendrickson. The motion carried. Respectfully submitted, ____________________________ Kristine A. Luedke, City Clerk Agenda Page 6 Mayor and Council Request for Action June 20, 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, June 20, 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 Expenses/Vendors (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 Mayor and Council Request for Action June 20, 2022 SUBJECT: CONSENT - CITY CLERK – APPOINTMENT OF ELECTION JUDGES AND ABSENTEE BALLOT BOARD FOR PRIMARY ELECTION ON AUGUST 9, 2022 RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Adopt Resolution No. 2022-19 approving appointment of the Election Judges and Absentee Ballot Board for the Primary Election to be held on August 9, 2022. BACKGROUND: As required per Minnesota Statute 204B.21, the Council needs to approve the appointment of the Election Judges for the upcoming election at least 25 days before the August 9, 2022. The City is the responsible authority to conduct absentee voting for the Albertville residents and is required by Minnesota State Statute 203B.121 to establish an Absentee Ballot Board. The Absentee Ballot Board judges will have the responsible for accepting/rejecting absentee ballots based on the criteria set by State Statute. KEY ISSUES: • The Primary Election will be held on Tuesday, August 9, 2022. • Minnesota Statute 204B.21 requires that persons serving as election judges must be appointed by Council at least 25 days before the election. • The City of Albertville is the responsible authority to conduct absentee voting for its residents and is required to establish an Absentee Ballot Board. POLICY/PRACTICES CONSIDERATIONS: The Mayor and City Council has the authority to appoint the Election Judges and the Absentee Ballot Board for the August 9, 2022, Primary Election. Responsible Person: Kris Luedke, City Clerk Submitted through: Adam Nafstad, City Administrator-PWD Attachments: • Resolution No. 2022-19 Appointment of Election Judges and Absentee Ballot Board Agenda Page 8 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2022-19 RESOLUTION APPROVING THE APPOINTMENT OF ELECTION JUDGES AND ABSENTEE BALLOT BOARD FOR THE PRIMARY ELECTION ON AUGUST 9, 2022 WHEREAS, Minnesota State Statute 204B.21 requires that persons serving as election judges be appointed by the City Council at least 25 days before the election; and WHEREAS, the City of Albertville is the responsible authority to conduct absentee voting for such election and is required by Minnesota Statutes 203B.121, subd.2 to establish an Absentee Ballot Board. NOW, THEREFORE, BE IT RESOLVED by the Albertville City Council that the individuals named on Exhibit A, and on file in the office of the City Clerk be appointed as the City of Albertville Election Judges and Absentee Ballot Board for the August 9, 2022, Primary Election. BE IT FURTHER RESOLVED, that the City Clerk is with this, authorized to make any substitutions or additions as deemed necessary. Adopted by the City Council of the City of Albertville this 20th day of June 2022. Jillian Hendrickson, Mayor ATTEST: Kristine A. Luedke, City Clerk Agenda Page 9 City of Albertville Meeting of June 20, 2022 Resolution No. 2022-19 Page 2 Exhibit A 2022 Election Judges and Absentee Ballot Board The following individuals are appointed to serve at the Primary Election on August 9, 2022: Election Judges Adamski, Paula Anderson, Rick Bacon, Connie Bacon, Randy Barthel Dale Bartholomew, David Bartholomew, Renee Buhrmann, Paul Coleman-Jenson, Elizabeth Gordon Jr., William Greninger, Sandy Haugen, Ronald Jents, Charlotte Johnson, Laura Kiazolu, Prince Kimbler, Janet McCabe, Lori O’Brien, Rick Otto, Karen Radde, Rhoda Robeck, Carmen Roble, Pamela Smeby, Erin Vogt, Noelle Winkleman, Darrell Absentee Ballot Board Bartholomew, David Becker, Maeghan Buhrmann, Paul Jones, Amy Lannes, Tina Moseng, Kristie Smeby, Erin Agenda Page 10 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2022-20 RESOLUTION ACCEPTING A DONATION FROM THE ALBERTVILLE LIONS FOR RESCUE AIR BAGS FOR THE ALBERTVILLE FIRE DEPARTMENT WHEREAS, the City of Albertville is authorized to accept contributions of real and personal people pursuant to Minnesota Statutes Section 465.03 for the benefit of its citizens; and WHEREAS, the City of Albertville has received a donation in the amount of $12,000 from the Albertville Lions for the Albertville Fire Department; and WHEREAS, the City Council would like to thank the Albertville Lions and commend them for their support of the Albertville Fire Department. NOW, THERFORE, BE IT RESOLVED, by the City Council of the City of Albertville, Minnesota, that the donation be accepted and acknowledged with gratitude. BE IT FURTHER RESOLVED, that said funds shall be deposited to the general fund and used for the purchase of rescue air bags for the Albertville Fire Department. Adopted by the City Council of the City of Albertville this 20th day of June 2022. Jillian Hendrickson, Mayor ATTEST: Kristine A. Luedke, City Clerk Agenda Page 11 Mayor and Council Request for Action June 20, 2022 SUBJECT: CONSENT – FINANCE – DRIVEWAY IMPROVEMENT ASSESSMENT RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Approve Driveway Replacement Contract for property owners Gregory & Linda Mozis located at 5551 Kahler Drive NE Albertville, MN 55301 - PID 101-055-001020. BACKGROUND: In July of 2018, the City Council approved the driveway replacement program, which provides a financing option for residents to replace their driveway. Generally, the City enters into a special assessment agreement with the resident, pays the resident’s contractor to replace the driveway, and the resident pays the City back through property taxes over a period of 5 years. The terms of the special assessment are five years at an interest rate of 5%. Per the program, the City will designate funds for the Driveway Replacement Program up to $30,000 per year for the projects with a maximum principal loan balance, for the fund, of $150,000 at any point in time. KEY ISSUES: • The City has the statutory right to special assess improvements. • Per policy, the Driveway Replacement Program will finance up to $8,000. • An upfront fee of $100 is paid by the property owner to the City. • A Right of Way Permit and fee of $25 is required. FINANCIAL CONSIDERATIONS: City staff has reviewed and recommends approval of the Driveway Replacement. Responsible Person: Tina Lannes, Finance Director Submitted Through: Adam Nafstad, City Administrator-PWD Attachments: • Omann Contracting Companies Quote Agenda Page 12 Agenda Page 13 C �rrt /VG-z_ ,s �-!:S-I rq h V r'Jr, A I kA-VilL)., Agenda Page 14 Mayor and Council Request for Action June 20, 2022 SUBJECT: CONSENT – FINANCE – DRIVEWAY IMPROVEMENT ASSESSMENT RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Approve Driveway Replacement Contract for property owners Riley Ross & Antoinette Menth located at 10307 Karston Avenue NE Albertville, MN 55301 - PID 101-053- 007030 BACKGROUND: In July of 2018, the City Council approved the driveway replacement program, which provides a financing option for residents to replace their driveway. Generally, the City enters into a special assessment agreement with the resident, pays the resident’s contractor to replace the driveway, and the resident pays the city back through property taxes over a period of 5 years. The terms of the special assessment are five years at an interest rate of 5%. Per the program, the City will designate funds for the Driveway Replacement Program up to $30,000 per year for the projects with a maximum principal loan balance, for the fund, of $150,000 at any point in time. KEY ISSUES: • The City has the statutory right to special assess improvements. • Per policy, the program will finance up to $8,000; however, the Property Owner is requesting to finance $11,000. • An upfront fee of $100 is paid by the property owner to the City. • A Right of Way Permit and fee of $25 is required. FINANCIAL CONSIDERATIONS: City staff has reviewed and recommends approval of the Driveway Replacement. Responsible Person: Tina Lannes, Finance Director Submitted Through: Adam Nafstad, City Administrator-PWD Attachments: • Full Concrete & Masonry Quote Agenda Page 15 Agenda Page 16 NORTHWEST ASSOCIATED CONSULTANTS, INC. __________________________________________________________________ 4150 Olson Memorial Highway, Ste. 320, Golden Valley, MN 55422 Telephone: 763.957.1100 Website: www.nacplanning.com MEMORANDUM: TO: Adam Nafstad FROM: Alan Brixius DATE: June 8, 2022 RE: Concept plan for Psyk Property West. FILE NO: 163.05 General PID: 101-500-013-200 BACKGROUND: Integrated Properties are interested in acquiring the Pysk Property at the northeast quadrant of the C.R. 19 and 53rd street intersection. They wish to pursue a residential land use for his parcel. They have submitted a concept plan for the site and have requested that the Planning Commission and City Council give them direction on the acceptability of the proposed land use and site design to determine if they should pursue formal development applications. Action on a concept plan does not convey any development rights to the applicant. Rather it provides information to allow the applicant to decide as whether they wish to invest in and produce more detailed construction drawings and file a more formal development applications with the City. If the development proceeds the following development applications are needed. 1. Comprehensive Plan amendment, changing the proposed land use for the site from commercial to low density residential and medium density residential. 2. Subdivision that will create the lots for development the dedication of the street rights-of-way. 3. Zoning map amendment changing the zoning for the residential land use from R- 1 Single Family Residential District and B-2 Limited Business District to a PUD Planned Unit Development zoning district. The PUD district is needed to accommodate the proposed single family lot sizes and a townhome layout (private streets). 4. PUD development Stage review. Agenda Page 17 ANALYSIS Comprehensive plan: The 2030 Vision Study guides the west 500 feet of the parcel abutting C.R. 19 for commercial land use with the balance of the property guided for low density residential land use. The Vision Study policies discourages losing commercially guided land for residential development. However, the policy plan also states “…the City wishes to be open to potential land uses and /or development options that may not be in line with the stated ambitions of the Vision Study.” The city will consider concept plans showing land uses that different from the Vision Plan’s proposed land use map and will evaluate them for consistency with the City’s goals and the potential benefit that may be derived from the development. The Vision Study transportation recommendations call for the extension of 53rd Street between Lachman Avenue and C.R. 19 creating a full intersection at C.R. 19. LaCenter Avenue must be extended between Albertville Crossing to the north beyond 53rd Street to provide street access to the property to the south. Zoning: Property is currently zoned a combination of B-2 Limited Business District along C. R. 19 and R-1 Single family zoning district. The concept plan proposes a combination single family homes and townhomes for the property. These are intended to be owner occupied housing which is different from Integrated Properties’ “Preserve at Albertville” single family rental development. The concept plan proposes 65-foot-wide single family lots along the existing single family neighborhoods to the east with townhomes on the west side of the property. A commercial lot will be retained in the northwest corner of the property abutting Albertville Crossings. The proposed single-family lots and townhome development will require a change in Zoning to a PUD zoning district. KEY ISSUES: • The Concept plan proposes single family lots along Psyk 5th and 6th addition, with local street connections into these existing neighborhoods. While the proposed 65-foot-wide single-family lots are smaller than the adjoining R-1 single family lots, the land use and housing product is the same and the density is similar. The Applicants have indicated that these will be owner occupied homes. This is compatible with the existing low density residential neighborhoods to the east and the guided land use for this area of the city. • The City will require the single family lots 11, 23, 27 to be enlarged to meet the R-1 minimum lot size in width and area. These lots abut the side yards of R-1 lots in the existing neighborhoods. • The townhomes are proposed to between the proposed single family area and C.R. 19. These townhomes would be arranged along a private street which will provide driveway access to the individual dwelling units. The townhome streets do not interconnect with the single family neighborhood. Agenda Page 18 • The concept plan provides for the extension of 53rd Street NE consistent with the City Vision Study. 53rd Street NE is a minor collector street having a full signalized intersection with CR. 19. 53rd Street shall provide a 60-foot right-of- way expanding to 70 feet entering CR.19. This street must be part of the initial subdivision of the property. The proposed concept plan is an opportunity for the complete build out the CR. 19/53rd Street NE intersection. • The Concept plan must be revised to show the extension LeCenter Avenue. LeCenter Avenue shall provide an 80-right-of-way matching the street to the north. LeCenter Avenue right-of-way must be platted and constructed to the adjoining property line to the south. The subdivision will need to show the right-of way dedication and construction plans must comply with City Street Standards. The need for the required LeCenter Avenue extension will impact the number and arrangement of the townhomes within the concept plan. • The extension of LaCenter Avenue south of 53rd Street NE will require its construction over the drainage ditch/wetland along the south property line. The location and design of this street extension will be an issue that must be resolved with the preliminary plat. • The subdivision abuts CR.19, any subdivision abutting a County road is subject to County review. Past subdivisions to the north were required to plat approximately 60 of right-of-way measured from the centerline of the CR.19. The Concept plans a 60 foot right of way dedication for CR. 19. A right-in / right out access from CR.19 may be available across from the Kingston Crossing access. This may be a benefit to a commercial property at the northwest corner of this site. Developer shall be responsible for any CR. 19 improvements required with this development. • The Concept plan proposes the full development of the Psyk parcel allowing the planning and improvements for the entire parcel and connections to the adjoining neighborhoods and vacant parcel to the south. The proposed concept plan will allow for the complete infill development of this property. • Utilities are available to the site at three street locations. • Integrated Properties will provide examples of the housing products they propose for the site, for planning commission review. • In considering the change in land use and the development pattern, the Planning Commission and City Council must consider the impact this development may have on adjoining properties and future development requests. In looking at this property specifically, the proposed low-density residential neighborhood is compatible with the existing neighborhoods to the east. The concept plan would preserve on commercial lot along CR. 19 along Albertville crossing, with homes backing up to a commercial lot and ponding areas along the north lot line. The parcel to the south is guided for commercial land use, however, this parcel is physically separated from the concept plan by a large wetland and drainage ditch. These physical barriers limit the interaction between the sites exclusively to the Lachman Avenue extension. Agenda Page 19 CONCLUSION: Action on a concept plan does not convey any development rights to the applicant. Rather it provides information to allow the applicant to decide as whether they wish to invest in and produce more detailed construction drawings and file a more formal development applications with the City. The planning Commission and City Council is requested to provide some direction as to whether proposed land uses, and the general concept plan design may be appropriate for this area of the City. Maeghan Becker Kris Luedke Ian Peterson Agenda Page 20 Agenda Page 21 Agenda Page 22 Agenda Page 23 Agenda Page 24 Mayor and Council Request for Action June 20, 2022 SUBJECT: PLANNING - RECREATIONAL VEHICLE USE ON CITY STREETS 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 Golf Carts and Class 2 ATVs to travel on local public streets within the City with an approved City permit and approving summary Ordinance for publication. BACKGROUND: The City previously permitted the use of golf carts on public streets and drafted a similar ordinance to address and allow class 2 all-terrain vehicles on public streets . We have since learned that per Minnesota Statute 169.045 subd. 1 and subd. 2, recreational vehicles and motorized golf carts are only authorized on public streets with a City approved permit. The redraft of the ordinance implements a permit system, and outlines the permit application requirements for golf carts and class 2 all-terrain vehicles be allowed to travel on public streets within the City of Albertville. KEY ISSUES: The redraft of the Golf Cart/Class 2 All-Terrain Vehicle code amendment addresses the following key issues. • The redrafted ordinance includes items from the previous draft as well as the inclusion of the permit requirements, process, and application. • The application process is exclusive to Class 2 ATVs and motorized golf carts. • Applications must be submitted per vehicle, with each providing proof of individual insurance coverage. • Golf Carts and 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. • Golf Carts and Class 2 all-terrain vehicles are prohibited from traveling on City sidewalks, trails, and City parks. • Golf Carts and 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 Golf Cart or Class 2 ATV is equipped with head lights; taillight, brake lights and turn signals. • All Golf Carts and / or class 2 ATV must be insured. • The redrafted ordinance outlines minimum equipment standards for Golf Carts and Class 2 ATVs traveling on public streets. • St. Michael code allow class 2 ATVs on public street with similar standards. • City staff recommends setting the fee at ________. Agenda Page 25 Mayor and Council Request for Action – June 20, 2022 Planning - Class 2 All-Terrain Vehicle Amendment Page 2 of 2 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. Following this, the permit requirement was discovered and implemented into the redrafted ordinance. The Council is asked to review the redrafted ordinance and determine if the ordinance adequately addresses the permitting and use of class 2 all-terrain vehicles and motorized golf carts on public streets in Albertville. FINANCIAL CONSIDERATIONS: The redrafted ordinance will require administrative processing and fee collection of the permits to operate class 2 all-terrain vehicles and motorized golf carts on public streets within the City of Albertville. LEGAL CONSIDERATIONS: Any licensed driver may operate a class 2 all-terrain vehicle or motorized golf cart with a valid permit 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 Sheriff patrol for enforcement traffic violations. Responsible Person: Alan Brixius, City Planner/Tara Kohl Submitted Through: Adam Nafstad, City Administrator-PWD Attachments: • Ordinance No. 2022-05 – Class 2 ATV • Summary of Ordinance No. 2022-05 • Recreational Vehicle Permit Application Agenda Page 26 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: Authorization to operate a motorized golf cart, class two all-terrain vehicle, utility task vehicle, or mini truck on designated city roadways is allowed by permit only. The following operating restrictions shall apply to the use of Golf Carts and Class 2 All-Terrain Vehicles: 1. Permit Required: No golf carts or class 2 all-terrain vehicles may be operated on public streets or property without obtaining a permit for the vehicle from the City. a. Permit applications supplied by the City must be submitted for per vehicle and vehicle owner shall provide the following information with the application : 1. Date 2. Name, address, and phone number of applicant. 3. Copy of applicant’s driver’s license 4. Make, model, and VIN or serial number of vehicle being permitted. 5. Proof of insurance including company name, policy number, effective dates, and coverage 6. Other information as required by the City Agenda Page 27 City of Albertville Ordinance No. 2022-05 Meeting of June 20, 2022 Page 2 b. Permit Fees: Permit fees shall be assessed for work governed by this Code in accordance with the fee schedule as established in section 3-1-3 of this Code. c. Permit Term: Permits shall be granted for a period of three (3) years and expire December 31st of the third year. d. Permit Processing: The application review and issuance of permits shall take approximately two (2) weeks from the date of application. e. Owner-operator must have a valid permit accompanying the vehicle at all times while operating on city streets and must present it upon request of a law enforcement officer enforcing traffic laws. 2. 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 way of any 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 roadway, except when passing another vehicle stopped in that lane. 3. 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 private property owner. 4. Speed Limit: The speed limit should apply as follows: a. No person shall operate a motorized golf cart 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. 5. Sidewalks And Paved Walkways: No person shall operate a motorized golf cart or class 2 all-terrain vehicle on public sidewalks, pedestrian paths, or paved trails within the city. 6. 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 headlights, rear-facing brake lights, and turn signals, These vehicles 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 five hundred (500) feet. 7. 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 to any vehicles or pedestrians at the intersection, or so close to the intersection as to constitute an immediate hazard if not yielded to. Agenda Page 28 City of Albertville Ordinance No. 2022-05 Meeting of June 20, 2022 Page 3 8. Signaling: 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. 9. Operators: Persons at least sixteen (16) years of age and holding a valid driver’s license recognized by the State of Minnesota as permitting the 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. 10. Insurance: Motorized golf carts and class 2 all-terrain vehicles must hold valid Minnesota vehicle insurance through the private market or the Minnesota Automobile Insurance Plan. The applicant must provide evidence of insurance in compliance with the provisions of Minnesota Statute 65B.48, subd.1 concerning insurance coverage for the vehicle when applying for a permit. 11. Crossing: 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 any county 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. 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 for operation. No person shall use a muffler cutout, bypass, straight pipe 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. Agenda Page 29 City of Albertville Ordinance No. 2022-05 Meeting of June 20, 2022 Page 4 Section 4. This ordinance shall be effective upon its passage and publication. Adopted by the City Council of the City of Albertville this 20th day of June 2022. ______________________________ Jillian Hendrickson, Mayor ATTEST: ___________________________ Kristine A. Luedke, City Clerk Agenda Page 30 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 hereby ordains: NOTICE IS HEREBY GIVEN that on June 20, 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 20th day of June 2022. ATTEST: Kristine Luedke Albertville City Clerk Publish Date: Agenda Page 31 Revised 2022 APPLICATION FOR RECREATIONAL VEHICLE PERMIT City of Albertville 5959 Main Avenue NE, P.O. Box 9 Albertville, MN 55313 763.497.3384 www.ci.albertville.mn.us DATE OF APPLICATION PERMIT FEE $ ☐ PAID In accordance with Albertville City Ordinance Title 7 Chapter 3 Snowmobiles, Recreational Vehicles and Motorized Golf Carts: Recreational vehicles are allowed to operate only on City streets, not state or federal highways, except to cross at designated intersections with a City approved permit. Recreational vehicles may only be operated on designated roadways from sunrise to sunset. They shall not be operated in inclement weather conditions or at any time when there is insufficient light to clearly see persons and vehicles on the roadway at a distance of 500 feet. Every person operating a recreational vehicle under this permit on designated roadways has all the rights and duties applicable to the driver of any other vehicles under the provisions of M.S. Ch. 169. All applicants must supply the following:  Proof of valid MN Driver’s license or ATV permit where applicable.  Proof of insurance in compliance with the provisions of Minnesota Statutes. NAME OF APPLICANT DATE OF BIRTH ADDRESS CITY, STATE, ZIP DRIVER’S LICENSE NUMBER ATV OPERATORS PERMIT (where applicable) INSURANCE COMPANY POLICY NUMBER VEHICLE INFORMATION ☐ GOLF CART ☐ UTILITY TASK VEHICLE ☐ FOUR-WHEEL ATV ☐ OTHER MAKE MODEL YEAR VEHICLE IDENTIFICATION NUMBER (VIN) OR SERIAL NUMBER SIGNATURE OF APPLICANT: By signing I acknowledge that I have read the rules above and agree and understand to abide by all rules and laws pertaining to this permit. The City Council may suspend or revoke a permit granted hereunder upon a finding that the holder thereof has violated any of the provisions of the Albertville City Ordinance, Title 7 Chapter 3, or if there is evidence that the permit holder cannot safely operate the recreational vehicle on the designated roadways. Agenda Page 32 Mayor and Council Request for Action June 20, 2022 SUBJECT: PLANNING - SWIMMING POOL FENCE AMENDMENT RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Adopt Ordinance No. 2022-06 amending the Zoning Code, Chapter 1000, Section 1000.5 C.3, pertaining to swimming pools accessory to single family and two-family lots and the required fences or enclosures to restrict access to swimming pools and approving summary Ordinance for publication. BACKGROUND: The City would like to adopt more specific and understandable language of pool fence requirements. There have inquiries about allowing pool covers as an alternative to a fence around the swimming pool. The pool cover is not a barrier that is always active or in place, as it is removed when the pool is in use, therefore not a sufficient safety measure or enclosure for a swimming pool. The redrafted code calls for an impenetrable enclosure or fence to prevent unsupervised children from gaining access. KEY ISSUES: The ordinance redraft would address the following issues: • The redrafted ordinance includes more specific, understandable language of the pool fence requirements. • The redrafted ordinance defines that a fence or structure needs to be surrounding all possible pool access points. • Inground pools have specific fencing performance requirements including a minimum fence height of 5 feet. • Above ground pools have specific fencing performance requirements dependent on the height of the pool wall above ground. • Above ground pools that have side walls measuring between 24” and 48” in height from the ground require a minimum fence height of 4 feet surrounding the pool. • Above ground pools with side walls at or above 48” do not require a fence surrounding the entire pool area and only requires an enclosure or safety mechanism at the access point. • General pool fencing material and design requirements, including locking gate mechanisms. Fences and gates should not be easy to climb, having minimal hand and foot holds to prevent children from gaining access. POLICY/PRACTICES CONSIDERATIONS: Ordinance 1000.5 C.3.a of the Albertville City Code addresses general building and performance requirements. The Council is asked to review the draft ordinance and determine if the ordinance adequately addresses the desired fencing requirements for swimming pools. Agenda Page 33 Mayor and Council Request for Action – June 20, 2022 Planning - Zoning Text Amendment for Swimming Pools Fences Page 2 of 2 FINANCIAL CONSIDERATIONS: Redrafting the ordinance will not create additional cost or administrative processing for the City. LEGAL CONSIDERATIONS: In accordance with Council procedures, the Mayor and Council have the authority to approve the code amendment which requires a majority vote of the City Council and becomes effective upon publication. Responsible Person: Alan Brixius, City Planner/Tara Kohl Submitted Through: Adam Nafstad, City Administrator-PWD Attachments: • Ordinance No. 2022-06 Swimming Pool Zoning Amendment • Summary of Ordinance No. 2022-06 Agenda Page 34 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO. 2022-06 AN ORDINANCE AMENDING SECTION 1000.5 C.3.a OF ALBERTVILLE MUNICIPAL CITY CODE, RELATING TO SWIMMING POOL AND HOT TUB FENCES The City Council of the City of Albertville, Minnesota hereby ordains: Section 1. Ordinance 1000.5 C.3.a., Swimming Pools and Hot Tubs of the Albertville City Code is hereby amended as follows: 1000.5C: SWIMMING POOLS AND HOT TUBS: 3. Fences or Enclosures To Restrict Access: All swimming pools for which a building permit is required shall be provided with safeguards to prevent children from gaining uncontrolled access. This can be accomplished with fencing, barrier, or other enclosure, or any combination thereof, of sufficient density as to be impenetrable. a. Inground Pools: Inground pools shall require a fence surrounding the pool area measuring at least five feet (5') in height. Fences shall be constructed of a noncorrosive material and shall not be easily climbable (chain link fences must be vinyl coated with slats for screening). Fences should be constructed to have minimal handholds and footholds. The size of openings within the fence should be minimized. The bottom of the fence shall not allow more than four inches (4") clearance from the ground. All fence openings or points of entry into the pool enclosure shall be equipped with gates or doors. All gates or doors to swimming pool areas shall be equipped with self-closing and self-latching devices where the release mechanism of the device is placed at a minimum height of forty-eight inches (48") from the bottom of the gate on a five-foot (5') fence. b. Above Ground Pools: Above ground pools shall require a fence surrounding the pool area at least four feet (4') in height for above ground pools with sidewalls between twenty- four inches (24") and no more than forty-eight inches (48") in height. The above ground pool structure itself may serve as a barrier if the top of the pool measures at least forty- eight inches (48”) above grade and does not require a fence, provided that safeguards are in place with a locking mechanism to be inaccessible to all small children. Safeguards may include a ladder or steps designed to be secured, locked, or removed to prevent access, or the entry point may be surrounded by a barrier such as those described in these guidelines. Fences shall be constructed of a noncorrosive material and shall not be easily climbable (chain link fences must be vinyl coated with slats for screening). Fences should be constructed to have minimal handholds and footholds. The size of openings within the fence should be minimized. The bottom of the fence shall not allow more than four inches (4") clearance from the ground. All fence openings or points of entry into the pool enclosure shall be equipped with gates or doors. All gates or doors to swimming pool areas shall be equipped with self-closing and self-latching devices where the release mechanism of the device is and placed at a minimum height of forty-two inches (42") from the bottom of the gate on a four-foot (4') fence as described above, so as to be inaccessible to all small children. Prior to filling the pool, the approved fence and/or barrier must be completely in place and inspected and approved by the city building official. Agenda Page 35 City of Albertville Ordinance No. 2022-06 Meeting of June 20, 2022 Page 2 c. Swimming pool fences shall comply with fence setback standards of section 1000.6 of this chapter. d. Required structure or safety fencing shall be completely installed within three (3) weeks following the installation of the pool, before any water is allowed in the pool, and prior to final inspection. Section 2. This ordinance shall be effective upon its passage and publication. Adopted by the City Council of the City of Albertville this 20th day of June 2022. ______________________________ Jillian Hendrickson, Mayor ATTEST: ___________________________ Kristine A. Luedke, City Clerk Agenda Page 36 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA SUMMARY ORDINANCE NO. 2022-06 AN ORDINANCE AMENDING SECTION 1000.5 C.3.a OF ALBERTVILLE MUNICIPAL CITY CODE, RELATING TO SWIMMING POOL AND HOT TUB FENCES The City Council of the City of Albertville, Minnesota hereby ordains: NOTICE IS HEREBY GIVEN that on June 20, 2022, Ordinance No. 2022-06 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: Section 1000.5 C3.a Swimming Pools and Hot Tub Fences Pertaining to swimming pools accessory to single family and two-family lots and the required fences or enclosures to restrict access to swimming pools 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 20th day of June 2022. ATTEST: Kristine Luedke Albertville City Clerk Publish Date: Agenda Page 37 Mayor and Council Request for Action June 20, 2022 SUBJECT: PLANNING - VEHICLE WEIGHT CLASSES AND LOAD AMENDMENT RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Adopt Ordinance No. 2022-07 amending the City Code, Title 7 Motor Vehicles and Traffic, Chapter 1 General Traffic Provisions, Subsection 2 Vehicles with Lugs; Vehicle Weight and Load; pertaining to vehicle weights/sizes permitted on local streets in the City of Albertville and approve summary Ordinance for publication. MOTION TO: Adopt Ordinance No. 2022-08 amending Section 1000.15 A.4: Outside Storage, Residential, Commercial and Industrial Uses and Section 1200.4.F Off-Street Parking requirements of the Albertville Zoning Code; limiting the weight and size motor vehicles allowed to be parked or stored on a residential lot and approve summary Ordinance for publication. BACKGROUND: Currently the City Code and Zoning code limits the size of motor vehicles parked on local streets or to be stored on residential lot to not more than 12,000 gross weight. This vehicle description has become obsolete and difficult to measure. Updating the City Code to include MnDOT vehicle classifications allows vehicles to be easily identified. Implementing the MnDOT’s vehicle classification scheme is more universal, easily understood, and allow City officials and law enforcement to provide consistent identification and code enforcement. MnDOT identifies classes 1-3 as most everyday passenger vehicles such as motorcycles, cars, and trucks. Class 4 includes recreational vehicles. The majority of vehicles above class 3 are larger commercial vehicles and do not belong in residential areas. KEY ISSUES: • The draft ordinances define and identify vehicles by class using MnDOT’s Vehicle Classification Scheme. • The draft ordinances are written to address both traffic and zoning codes independently. • The draft ordinances specify that vehicle classes 1-3 (per MnDOT’s Vehicle Classification Scheme) are permitted to be stored, operated, or parked on residential streets and parking lots, allowing exceptions for deliveries, emergencies, etc. • The draft ordinances provide an allowance for one class 4 recreational vehicle. • Vehicles in classifications higher than 4, may still use local streets for public safety and commercial service and deliveries. POLICY/PRACTICES CONSIDERATIONS: Albertville City Code Title 7 Motor Vehicles and Traffic, Chapter 1 General Traffic Provisions, Subsection 2 Vehicles with Lugs; Vehicle Weight and Load addresses traffic and parking restrictions on local streets. Chapter 1000 General Building and Performance Requirements Section 1000.15 A.4: Outside Storage, Residential, Agenda Page 38 Mayor and Council Request for Action – June 20, 2022 Planning - Code Amendments for Vehicle Weights and Sizes Page 2 of 2 Commercial and Industrial Uses address performance requirements for outdoor storage and parking on private residential lots. The Council is asked to review the draft ordinance and determine if the ordinance adequately addresses the update of vehicle weight restrictions in residential zones. FINANCIAL CONSIDERATIONS: Updating the code will not create additional cost or administrative processing for the City. LEGAL CONSIDERATIONS: In accordance with Council procedures, the Mayor and Council have the authority to approve the code amendments which requires a majority vote of the City Council and becomes effective upon publication. Responsible Person: Alan Brixius, City Planner/Tara Kohl Submitted Through: Adam Nafstad, City Administrator-PWD. Attachments: •Ordinance No. 2022-07 Motor Vehicle and Traffic Code amendment •Summary of Ordinance No. 2022-07 •MnDOT Vehicle Class Chart •Ordinance No. 2022-08 Outdoor Storage and Off-Street Parking Zoning amendment •Summary of Ordinance No. 2022-08 •MnDOT Vehicle Class Photo Examples Agenda Page 39 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO. 2022-07 AN ORDINANCE AMENDING THE CITY CODE, TITLE 7 MOTOR VEHICLES AND TRAFFIC, CHAPTER 1 GENERAL TRAFFIC PROVISIONS, SUBSECTION 2 VEHICLES WITH LUGS; VEHICLE WEIGHT AND LOAD The City Council of the City of Albertville, Minnesota hereby ordains: Section 1. Title 7 Motor Vehicles and Traffic, Chapter 1 General Traffic Provisions, Subsection 2 Vehicles with Lugs; Vehicle Weight and Load is hereby amended as follows: 7-1-2: VEHICLES WITH LUGS; VEHICLE WEIGHT AND LOAD: B.Weight: 1. It is prohibited for any person or party to drive any vehicle over any street or parking lot when such vehicle has an axle weight load in excess of four (4) tons, unless permission is obtained and granted by the city council. 2. It is prohibited for any person or party to operate, store, or park a truck of over twelve thousand (12,000) pounds gross weight any vehicle above class 3 per MnDOT standards, only vehicle classes 1-3, with the exception for one (1) class 4 recreational vehicle that is stored on a residential lot in compliance with Section 1000.15.A.2 of the Albertville code, shall be permitted on any primarily residential street within the city, unless said truck vehicle is actually actively engaged in emergency or city vehicle use or making a pick up or delivery at a residential dwelling. 3. It is hereby prohibited to operate trucks having a gross weight of more than twelve thousand (12,000) pounds vehicles having a classification of 3 or above per MnDOT standards, only vehicle classes 1-3, with the exception for one (1) class 4 recreational vehicle that is stored on a residential lot in compliance with Section 1000.15.A.2 of the Albertville code, shall be permitted on the following designated streets, unless said truck vehicle is actually actively engaged in emergency or city vehicle use or making a pick up or delivery at a residential dwelling: Street From To 57th St NE Main Ave NE Barthel Industrial Dr NE 55th St NE Main Ave NE Barthel Industrial Dr NE 54th St NE Main Ave NE Barthel Industrial Dr NE 51st St NE Main Ave NE Barthel Industrial Dr NE 62nd St NE Lakeshore Dr W 63rd Street NE Agenda Page 40 City of Albertville Ordinance No. 2022-07 Meeting of June 20, 2022 Page 2 C.Misdemeanor Violation; Penalty: Any person, party or firm who violates any provision of this section shall be guilty of a misdemeanor and upon conviction thereof, shall be punished pursuant to section 1-4-1 of this code. Section 2. This ordinance shall be effective upon its passage and publication. Adopted by the City Council of the City of Albertville this 20th day of June 2022. ______________________________ Jillian Hendrickson, Mayor ATTEST: ___________________________ Kristine A. Luedke, City Clerk Agenda Page 41 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA SUMMARY ORDINANCE NO. 2022-07 AN ORDINANCE AMENDING THE CITY CODE, TITLE 7 MOTOR VEHICLES AND TRAFFIC, CHAPTER 1 GENERAL TRAFFIC PROVISIONS, SUBSECTION 2 VEHICLES WITH LUGS; VEHICLE WEIGHT AND LOAD The City Council of the City of Albertville, Minnesota hereby ordains: NOTICE IS HEREBY GIVEN that on June 20, 2022 Ordinance No. 2022-07 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 1 Subsection 2 Vehicle Weight and Load Pertaining to vehicle weights and sizes permitted to park on streets 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 20th day of June 2022. ATTEST: Kristine Luedke Albertville City Clerk Publish Date: Agenda Page 42 Agenda Page 43 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO. 2022-08 AN ORDINANCE AMENDING SECTION 1000.15 A.4 OF ALBERTVILLE MUNICIPAL CITY CODE, RELATING TO OUTSIDE STORAGE, RESIDENTIAL, COMMERCIAL AND INDUSTRIAL USES The City Council of the City of Albertville, Minnesota hereby ordains: Section 1. Chapter 1000 General Building and Performance Requirements Section 1000.15 A.4: Outside Storage, Residential, Commercial and Industrial Uses is hereby amended as follows: 1000.15: OUTSIDE STORAGE, RESIDENTIAL, COMMERCIAL AND INDUSTRIAL USES: 4. On and off-street parking of currently registered and operable passenger vehicles and trucks with a classification of not to exceed a vehicle classes 1-3, with the exception for one (1) class 4 recreational vehicle that is stored on a residential lot in compliance with Section 1000.15.A.2 of the Albertville code. gross weight of twelve thousand (12,000) pounds. Section 2. Chapter 1200 Off Street Parking Requirements section 1200.4 F: General Provisions is hereby amended as follows: 1200.4: GENERAL PROVISIONS F. Residential Area Parking: On and off street parking facilities accessory to residential use shall be utilized solely for the parking of licensed and operable passenger automobiles; no more than one truck not to exceed gross capacity of twelve thousand (12,000) pounds; vehicles having a classification 1-3 per MNDOT standards, with the exception for one (1) class 4 recreational vehicle that is stored on a residential lot in compliance with Section 1000.15.A.2 of the Albertville code shall be permitted. and recreational vehicles and equipment. Under no circumstances shall required parking facilities accessory to residential structures be used for the storage of commercial vehicles or equipment or for the parking of automobiles belonging to the employees, owners, tenants or customers of business or manufacturing establishments. Section 2. This ordinance shall be effective upon its passage and publication. Adopted by the City Council of the City of Albertville this 20th day of June 2022. ______________________________ Jillian Hendrickson, Mayor ATTEST: ___________________________ Kristine A. Luedke, City Clerk Agenda Page 44 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA SUMMARY ORDINANCE NO. 2022-08 AN ORDINANCE AMENDING SECTION 1000.15 A.4 OF ALBERTVILLE MUNICIPAL CITY CODE, RELATING TO OUTSIDE STORAGE, RESIDENTIAL, COMMERCIAL AND INDUSTRIAL USES The City Council of the City of Albertville, Minnesota hereby ordains: NOTICE IS HEREBY GIVEN that on June 20, 2022 Ordinance No. 2022-07 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: Section 1000.15 A.4 Outdoor Storage, Residential, Commercial and Industrial Uses Pertaining to off-street parking requirements; limiting the weight and size of motor vehicles allowed to be parked or stored on a residential lot 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 20th day of June 2022. ATTEST: Kristine Luedke Albertville City Clerk Publish Date: Agenda Page 45 Agenda Page 46 Mayor and Council Request for Action June 20, 2022 SUBJECT: PLANNING - SOLAR ENERGY SYSTEMS REGULATIONS RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Adopt Ordinance No. 2022-09 amending Chapter 1000 and Section 1000.24 establishing the zoning regulation for the installation of building integrated solar energy systems and approving summary Ordinance for publication. BACKGROUND: The City has received multiple applications for roof mounted solar panels in the single-family residential neighborhoods. City staff has treated these applications as architectural features of the homes. In review of these application, Building Inspection staff suggested the need for some zoning standards to address the location, setbacks, and design of solar panel installation. The attached draft code amendment is in response to this staff recommendation. KEY ISSUES: • The Code will only allow for building integrated solar systems. Ground mounted freestanding systems are not permitted. • The Code will only allow for roof mounted building integrated solar systems. Wall mounted systems are being avoided to reduce their impact on the architectural appearance of the house. • The Code establishes a setback from the edge and crown of roof. • The property owner must demonstrate that the roof has the capacity to accommodate the solar energy equipment’s weight and design, snow loads, and wind. • Fire access on the roof must be preserved. • Roof mounted solar on commercial, industrial and institution buildings will be treated as mechanical equipment and will need to be screened from the public street and adjoining properties. • The safety standards are proposed to ensure that the solar energy system is a conventional system and safety approved. • A building permit is required for the installation of the any solar energy systems. POLICY/PRACTICES CONSIDERATIONS: The City has been processing solar panels for homes in Albertville. The attached code amendment memorializes the standards that have been applied. These building integrated solar energy systems are treated as an architectural element of the house and not a separate use of the property. FINANCIAL CONSIDERATIONS: All solar panel requests will require a building permit and related fee. Agenda Page 47 Mayor and Council Request for Action – June 20, 2022 Planning - Zoning Text Amendment for Solar Energy Systems Page 2 of 2 LEGAL CONSIDERATIONS: The proposed ordinance outlines the type, location, and design of allowed solar energy systems in Albertville. In establishing these standards, we avoid future issues related to freestanding solar panel requests and larger solar arrays. Responsible Person: Alan Brixius/City Planner Submitted Through: Adam Nafstad, City Administrator-PWD Attachments: •Ordinance No. 2022-09 Solar Energy Zoning Amendment •Summary of Ordinance 2022-09 Agenda Page 48 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO. 2022-09 AN ORDINANCE AMENDING APPENDIX A, CHAPTER 200 DEFINITIONS AND CHAPTER 1000, BUILDING AND PERFORMANCE REQUIREMENTS, SECTION 1000.24 SOLAR ENERGY SYSTEMS, OF THE ALBERTVILLE MUNICIPAL CITY ZONING CODE The City Council of the City of Albertville, Minnesota hereby ordains: Section 1. Chapter 200, Section 200.2 Definition is hereby amended to add the following: Building-integrated Solar Energy System. A solar energy system that is an integral part of a principal building, rather than a separate mechanical device, replacing or substituting for an architectural or structural component of the building including, but not limited to, photovoltaic or hot water solar systems. Solar Energy System. A device or structural design feature, a substantial purpose of which is to provide for the collection, storage, and distribution of solar energy for space heating or cooling, electricity generation or water heating. Section 2. Chapter 1000 Building and Performance Requirements, Section 1000.24. of the Albertville zoning code is amended to add the following: 1000.24 SOLAR ENERGY SYSTEMS. A. Zoning District Allowance. Roof- mounted Solar energy systems in accordance with the standards in this Chapter are allowed as a permitted in all zoning districts. B. Standards. 1. Height. Roof-mounted solar energy systems shall comply with the maximum height requirements in the applicable zoning district. 2. Setbacks. Roof-mounted systems shall comply with all building setbacks in the applicable zoning district and shall be setback eighteen (18) inches from the perimeter and the crown of the roof on which the system is mounted. 3. Roof Mounting. Roof-mounted solar collectors on residential buildings may be flush- mounted or bracket-mounted. Bracket-mounted collectors shall be permitted only when a determination is made by the City Building Official that the underlying roof structure will support apparatus with regard to wind, and snow loads, and all applicable building standards are satisfied. 4. Screening. Roof-mounted solar energy systems on commercial, industrial, or institutional buildings shall be treated as mechanical equipment and shall be screened from view from adjoining properties or public streets. Agenda Page 49 City of Albertville Ordinance No. 2022-09 Meeting of June 20, 2022 Page 2 5. Fire access. Roof-mounted solar energy systems shall provide a thirty-six (36) inch unobstructed fire access lane at the periphery or through the solar energy system. 6. Aesthetics. All solar energy systems shall minimize glare towards vehicular traffic and adjacent properties. C. Safety. 1. Standards. Solar energy systems shall meet the minimum standards outlined by the International Electrotechnical Commission (IEC) ,the American Society of Heating, Refrigerating, and Air-conditioning Engineers (ASHRAE), ASTM International, British Standards Institution (BSI), International Electrotechnical Commission (IEC), International Organization for Standardization (ISO), Underwriter's Laboratory (UL), the Solar Rating and Certification Corporation (SRCC) or other standards as determined by the City Building Official. 2. Certification. Solar energy systems shall be certified by Underwriters Laboratories, Inc. and the National Renewable Energy Laboratory, the Solar Rating and Certification Corporation or other body as determined by the City Building Official. The City reserves the right to deny a building permit for proposed solar energy systems deemed to have inadequate certification. 3. Utility Connection. All grid connected systems shall have an agreement with the local utility prior to the issuance of a building permit. A visible external disconnect shall be provided if required by the utility. D. Permit. A building permit shall be obtained for any solar energy system prior to installation. Section 3. This ordinance shall be effective upon its passage and publication. Adopted by the City Council of the City of Albertville this 20th day of June 2022. ______________________________ Jillian Hendrickson, Mayor ATTEST: ___________________________ Kristine A. Luedke, City Clerk Agenda Page 50 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA SUMMARY ORDINANCE NO. 2022-09 AN ORDINANCE AMENDING APPENDIX A, CHAPTER 200 DEFINITIONS AND CHAPTER 1000, BUILDING AND PERFORMANCE REQUIREMENTS, SECTION 1000.24 SOLAR ENERGY SYSTEMS, OF THE ALBERTVILLE MUNICIPAL CITY ZONING CODE The City Council of the City of Albertville, Minnesota hereby ordains: NOTICE IS HEREBY GIVEN that on June 20, 2022, Ordinance No. 2022-09 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: Appendix A, Chapter 200, 1000 and Section 1000.24 Solar Energy System Regulations Establishing regulations for the installation of building integrated solar energy systems 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 20th day of June 2022. Attest: Kristine Luedke Albertville City Clerk Publish Date: Agenda Page 51 Mayor and Council Request for Action June 20, 2022 SUBJECT: LEGAL - CONTRACT TO REMOVE NUISANCES AND ZONING VIOLATIONS FROM THE MAEYAERT PROPERTY RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Authorize City staff to retain the services of Trilogy Properties of MN, LLC to remove or remedy City Code violations from the Maeyaert property consistent with the Wright County District Court’s April 11, 2022, order. BACKGROUND: For many years Charles Maeyaert has maintained a number of nuisances, zoning and other code violations on his property located at 10479 61st Street N.E. in Albertville. The City ultimately ended up bringing an action in Wright County District Court to enforce its ordinances and obtained a judgment against Mr. Maeyaert on April 11, 2022, ordering Mr. Maeyaert to remedy the ordinance violations and authorizing the City to enter on the Maeyaert property and remedy the ordinance violations in the event Maeyaert did not comply with the Court’s order within 60 days of service of the order on Maeyaert. That order was deemed served on Maeyaert on April 18, 2022, which puts the 60-day deadline at June 17. Given the condition of the Maeyaert property as of June 15, 2022, it is clear that Maeyaert will not have the property in compliance with the City Code by June 17, 2022. City staff has sought quotes from contractors to clean up the property and bring it into compliance with the City’s Code, but was able to secure only one quote from Trilogy Properties. While that quote is priced at $24,500, it does not include a price for the removal of any of the forklifts or other equipment from the property as the number and type of pieces on the property changes from week to week and we are not able to predict what will be there at the time of cleanup. Removal of equipment will likely be done by Trilogy Properties on a time and materials basis, as will other things that may pop up on the property in the meantime. The Court order requires that the City send Mr. Maeyaert a letter five days before we enter the property to clean it up. That letter was sent on June 16, which will allow the City on the property on Tuesday, June 21 to inspect the property to get a better idea of the extent of the work to be done. We will meet with Trilogy at the site on June 16. Cleanup is expected to start on July 5. KEY ISSUES: • Maeyaert has until June 17 to remedy all of the ordinance violations on his property. • City Staff will inspect the Maeyaert property on June 21 with the contractor to determine the extent of the cleanup. • Cleanup operations will likely begin on July 5. • Cleanup will consist of removing all industrial equipment that is not stored behind a screening fence, junk, auto parts, extra accessory buildings, fill that was placed on the land, a portion of his existing driveway at the curb, the second, eastern driveway, property restoration, and removing items that have been placed in the park. Agenda Page 52 Mayor and Council Request for Action – June 20, 2022 Legal - Contract to Remove Nuisances Items from Maeyaert Property Page 2 of 2 POLICY/PRACTICES CONSIDERATIONS: The City has tried for several years to get Mr. Maeyaert to comply with the City Code. Cleaning up the property is a continuation of this policy. FINANCIAL CONSIDERATIONS: The Court’s order allows the City to special assess the costs of the cleanup to Maeyaert’s property taxes for collection by the County with 2023’s property taxes. LEGAL CONSIDERATIONS: The Court’s order authorizes the City to clean up the Maeyaert property and dispose of all materials that are violating City Code. Responsible Person: Mike Couri, City Attorney Submitted Through: Adam Nafstad, City Administrator-PWD Attachments: •April 11, 2022 Order from the Wright County District Court Agenda Page 53 86-CV-20-5126 Pro Se. XXXXXXXXXXX April 11, 2022 Filed in District Court State of Minnesota 86-CV-20-5126Electronically Served 4/13/2022 3:50 PM Wright County, MN Agenda Page 54 86-CV-20-512686-CV-20-5126 Agenda Page 55 86-CV-20-512686-CV-20-5126 Agenda Page 56 86-CV-20-512686-CV-20-5126 Agenda Page 57 86-CV-20-512686-CV-20-5126 Agenda Page 58 86-CV-20-5126 86-CV-20-5126 Agenda Page 59 86-CV-20-512686-CV-20-5126 Agenda Page 60