2014-01-14 PC Agenda Packet
PLANNING & ZONING COMMISSION MEETING
Tuesday, January 14, 2014
7:00 PM
1. CALL TO ORDER - ROLL CALL – ADOPT AGENDA
2. MINUTES
December 10, 2013 Planning and Zoning Meeting (pages 1-6)
3. PUBLIC HEARINGS
a. Public Hearing to Consider Hunters Pass Estates 2nd Addition Preliminary Plat, Final
Plat and PUD (pages 7-21)
c. Public Hearing to Consider an Amendment to Chapter 4 of the Albertville City
Code, Transient Merchant Licenses, Addressing Food Trucks (pages 22-33)
d. Public Hearing to Consider an Amendment to Chapter 1600 of the Albertville
Zoning Code Pertaining to Home Occupations (pages 34-48)
4. OTHER BUSINESS
a. 2014 Planning Goals (pages 49-53)
5. ADJOURNMENT
City of Albertville
5959 Main Avenue NE
P. O. Box 9
Albertville, MN 55301
(763) 497-3384
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UNAPPROVED
PLANNING AND ONING COMMISSION MINUTES
TUESDAY, DECEMBER 10, 2013
1. CALL TO ORDER:
Chair Totman called the meeting to order at 7:00 p.m.
2. ROLL CALL:
Commissioners present: Chair Brian Totman, Commissioner Jeffrey O’Brien, Commissioner
Dale Edgren, Commissioner, Natalya Lindberg, and Council Liaison Dan Wagner
Staff members present: Alan Brixius and Sue Schwalbe
Others Present/Public:
Scott Dahlke, Civil Engineering Site Design
Mark Barthel, Planning Commission Applicant
Kevin Lanners, Planning Commission Applicant
3. APPROVAL OF AGENDA:
Edgren moved, second by O’Brien to approve the agenda as submitted. Motion carried
unanimously.
4. APPROVAL OF MINUTES:
Commissioner O’Brien asked for a correction to the minutes on page 5, paragraph 3 pertaining to
his comments for voting against the CUP for Red Rooster Properties at 5952 Large Avenue. His
comment should read as follows:
“ Commissioner O’Brien stated that he believes that this is a great use of the property, however,
he has concerns with the site’s close proximity to another similar type restaurant.”
O’Brien moved, second by Edgren to approve the minutes of the October 8, 2013
Planning Commission meeting with the aforementioned correction. Motion carried
unanimously.
5. PUBLIC HEARINGS:
None
City of Albertville
Planning and Zoning Commission Minutes
December 10, 2013
Page 2
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6. OTHER BUSINESS:
INTERVIEWS OF PLANNING COMMISSION CANDIDATES
Planning Commissioner Frank Kocon has resigned his position. Two applicants have applied for
the position - Kevin Lanners and Mark Barthel.
The Planning Commission first interviewed Mark Barthel who indicated he has lived in
Albertville for the past 26 years and has been serving as a Parks Commissioner for the past few
years. He also indicated he served on the Albertville City Council for two years and as a
member of the Joint Powers Water Board.
Chair Totman questioned the applicant as to the role of the Planning Commission. The applicant
stated to keep up with development and his priorities would be road accessibility and to aid in
the preservation of older homes.
Chair Totman questioned the applicant as to his availability for meetings. The applicant stated
he works in Albertville and will be available and that his previous City Council experience will
be beneficial. He also travels to other cities noting what is working and what is not working.
The Planning Commission then interviewed Kevin Lanners who indicated he has a strong
interest in local government and its activities and he will bring a fiscally responsible common
sense approach to community development.
The applicant was questioned as to his experience or skills he would bring to the position. The
applicant stated he has 16 years experience with his own business and has served several years
on the Brandon Public School Board.
The applicant was questioned as to his priorities and/or goals he feels the Planning Commission
should address. The applicant stated his priorities would be to learn and educate himself on the
issues and base his comments on listening to all the facts.
After discussion, the Planning Commission made the following recommendation:
Edgren motioned, second by O’Brien to recommend to the City Council Mark Barthel for
the open seat of Planning Commissioner effective immediately.
DISCUSSION OF HUNTERS PASS 2ND ADDITION PRELIMINARY PLAT, FINAL PLAT AND PUD
Mr. Brixius presented the planning report dated12-05-13 to the Commission for their
consideration.
City of Albertville
Planning and Zoning Commission Minutes
December 10, 2013
Page 3
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Tollberg Homes has submitted an application for Preliminary and Final Plat approval of Hunters
Pass Estates 2nd Addition, Phase II of the Hunters Pass Estates PUD. Tollberg Homes is
proposing to develop an additional 12 lots, Outlot A and Outlot B. The current proposal for
Phase II of development is implementing what was approved with the original plat, with small
revisions. Hunters Pass Estates Phase II consists of 21 acres of land, including significant
wetland areas. The City Engineer has recommended that lots in Blocks 2 and 3 of Hunters Pass
Estates Phase II be reduced in size from that approved with the original plat, to allow space for
the required wetland buffer area to be external to lots and within Outlot A. The applicant is
requesting that the City permit reduced lot size, reduced rear setbacks, and small adjustments to
house pad locations from that approved with the original plan in order to implement the wetland
buffer in Outlot A.
A cash dedication of $3,300 per single family lot will be required for Phase II of development.
The required dedication shall be made prior to the City’s release of the final plat for filing. The
Planning Commission is supporting the following:
1. The grading and drainage plan is subject to the review and approval of the City Engineer.
2. The applicant shall install and maintain wetland demarcation signage at the boundaries of
the wetland buffer.
3. The applicant shall provide a landscape plan illustrating a vegetative buffer planting along
the northern border of the site, between Phase II and lots and 70th Street. In addition, one
shade or evergreen tree must be planted per residential lot, which will be required as part of
the development agreement. All other plantings shall adhere to the landscape plan
approved and the final plat for the Hunters Pass Estates PUD in 2005.
4. Provide a park dedication fee totaling $3,300 per individual lot, to be paid prior to the
release of the final plat for filing.
5. The applicant shall address any additional comments of the City Engineer.
6. The applicant shall adhere to established architectural standards (design guidelines) for the
Hunters Pass subdivision, as adopted by the Hunters Pass Estates Homeowners
Association.
7. The applicant shall comply with the recommendations of the Fire Inspector.
8. The final plan shall be brought into the Hunters Pass Estates HOA, and the developer and
Phase II homeowners shall adhere to the HOA declaration, bylaws, and rules, and any
addendums to said standards.
Commissioner O’Brien stated as he is the attorney for Hunter Pass Homeowners Association and
will abstain from any voting and/or motions.
Applicant Nathan Jones of Tollberg Homes addressed the Commission stating he has reached out
to the Homeowners Association and they are receptive to this plan. However, he is requesting to
move the $3,300 park dedication fees onto the Building Permit fee. Moving and/or delaying
these additional costs would expedite receiving monies from his bank. The Commission
instructed staff to discuss this issue with the City Attorney to determine if allowable.
City of Albertville
Planning and Zoning Commission Minutes
December 10, 2013
Page 4
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Commissioner Totman questioned staff regarding the setbacks for a deck or porch. City Planner
will review with developer to quantify the building of a deck.
At the conclusion of the discussion, it was announced that this application would proceed to
public hearing at the January 14, 2014 Planning Commission meeting.
DISCUSSION OF FOOD TRUCK ORDINANCE
Planner Brixius presented the planning report dated December 5, 2013 to the Commission for
their consideration.
The City has recently experienced requests from food truck vendors to be able to operate in the
community. City Ordinance does not currently provide standards specific to the regulation of
food trucks, which have thus far been allowed to operate under a transient merchant license and a
temporary outdoor seasonal sales permit. Staff recommends that the Albertville City Code,
Chapter 4 Peddlers, Solicitors and Transient Merchants, should be amended to provide a
definition for mobile foods units (under Section 4-4-2 Definitions), and to establish additional
specific regulations for mobile food units applying for a transient merchant license (under
Section 4-4-6 Additional Restrictions for Transient Merchants). Mobile food units should adhere
to all general transient merchant regulations provided in Chapter 4.
1. Mobile Food Units (MFU) must be licensed by the Minnesota Health Department and must
adhere to State regulations for food trucks as provided in Food Code Chapter 4626.1860
Mobile Food Establishments; Seasonal Temporary Food Stands; Seasonal Permanent Food
Stands.
2. MFUs operations are limited to the business, industrial, and public/institutional districts,
and are not permitted between the hours of 10:00 p.m. and 8:00 a.m. Ice cream truck
vendors may operate in all zoning districts but must adhere to the described hours of
operation.
3. MFU sites shall be kept in a near and orderly manner and shall adhere to the following site
requirements:
a. Trash and/or recycling collection and cleanup must be provided.
b. MFUs must provide independent power supply which is screened from view.
Generators are permitted.
c. MFUs may not maintain or use outside sound amplifying equipment, televisions or
other similar visual entertainment devices, lights or noisemakers such as bells, horns
or whistles.
d. MFUs cannot obstruct the movement of pedestrians or vehicles or pose a hazard to
public safety.
e. MFUs shall be located on an asphalt or concrete surface.
f. MFUs may not be located within 300 feet to existing restaurants or coffee shops.
g. MFUs must close during adverse weather conditions when shelter is not provided.
City of Albertville
Planning and Zoning Commission Minutes
December 10, 2013
Page 5
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4. MFUs must be located on private property and the applicant must provide written consent
from the property owner. MFUs may be located in a public park with approval of the City.
5. Ice cream truck vendors operating in residential districts are additionally required to submit
to a background check prior to operating in the community.
6. If MFU sites are found to be in non-compliance with any conditions as provided in Chapter
4 of the Ordinance, the City reserves the right to revoke the MFU transient merchant
license.
Commissioner O’Brien stated at times, food trucks have grown into restaurants and that
expanding eating options is good for Albertville.
After further discussion, staff is directed to create a map of Albertville indicating restaurants and
indications of 100 feet, 200 feet and 300 feet from establishments. This agenda item will
proceed to a public hearing at the January 14, 2014 Planning Commission meeting.
DISCUSSION OF HOME OCCUPATION ORDINANCE AMENDMENT
Planner Brixius presented the planning report dated 12-05-13 to the Commission for their
consideration.
A review of the ordinance found inconsistencies between ordinance sections as they relate to
residential daycare. Daycare facilities serving 12 or fewer persons in a single family dwelling
are a permitted use in all residential districts. However, residential daycare is also regulated
under Home Occupations and requires a permit or license.
Staff is recommending that the Zoning Ordinance be amended to accomplish the following:
1. Add language to the definition of “daycare facilities” to reference State Rule definitions
for added clarity.
2. Allow State licensed daycare facilities serving 14 or fewer persons in a single family
dwelling as a permitted accessory use in all residential districts (including A-1 and A-2),
subject to the standards outlined in Section 1600.4.A and B (this section should be
amended to allow hours of operation to begin at 6:00 AM to allow for early drop off times).
This will provide for congruence with State licensure capacity standards and address
potential land use impacts in residential neighborhoods. State licensing of residential
daycare facilities does not permit more than 14 children and a license at that capacity
requires two caregivers. Daycare facilities serving more than 14 children are considered
center based child care by the State and would be required to be located in commercial
districts in the City.
City of Albertville
Planning and Zoning Commission Minutes
December 10, 2013
Page 6
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3. Allow all other listed permitted home occupations as permitted accessory uses in all
residential districts, without requiring a permit or fee, subject to the standards outlined in
Section 1600.4.A and B. These very low intensity uses include: art studio, dressmaking,
secretarial services, foster care, professional offices and teaching with musical, dancing and
other instructions which consists of no more than one pupil at a time, and similar uses.
These uses do not seem to rise to the level of needing a permit with administrative review.
4. Remove the requirement for a conditional use permit for special home occupations in
Section 1600.3.B and issue permits for these uses administratively with a $30 license fee.
The uses identified as special home occupations (barber and beauty services, daycare-group
nursery, photography studio, group lessons saw sharpening, small appliances and small
engine repair) may have greater impacts on adjacent properties and should be subject to
staff review, but do not rise to the level of requiring Planning Commission and City
Council review and higher permit fees.
After Commission discussion, it was agreed that these modifications will streamline and clean up
this issue for all residents. This agenda item will proceed to public hearing at the January 14,
2014 Planning Commission meeting.
ADJOURNMENT
O’Brien motion, second by Totman to adjourn the Planning and Zoning Commission
Meeting at 8:15 p.m. Motion carried unanimously.
_____________________________
Sue Schwalbe, Recording Secretary
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PLANNING REPORT
TO: Adam Nafstad, City Administrator
FROM: Michelle Barness/Alan Brixius
DATE: January 9, 2014
RE: Albertville – Hunters Pass Estates 2nd Addition – Phase II
FILE: 163.06 – 13.13
BACKGROUND
Tollberg Homes has submitted an application for Preliminary and Final Plat approval of
Hunters Pass Estates 2nd Addition, Phase II of the Hunters Pass Estates PUD. Plat
approval for Hunters Pass Estates was originally attained by the Minnesota
Development Agency, LLC in 2005. Approval of the plat has since expired and Tollberg
Homes is proposing some updates to the original plat, so that additional review and
approval by the City is required. The entire Hunters Pass Estates development consists
of 95 single family lots on 76.6 acres of land in the northeast corner of Albertville. Sixty-
three single family lots were developed in Phase I of the development, and Tollberg
Homes is now proposing to develop an additional 12 lots. The site is located to the
west of Phase I of Hunters Pass Estates, and is bounded on the north by 70th Street, on
the south by Hunters Lake and on the west by the Towne Lakes development. The site
is zoned R-1A (PUD), and is located within the Shoreland Overlay District of Hunters
Lake.
The Hunters Pass Estates subdivision is based on a concept known as “coving.” Coved
subdivisions utilize curvilinear street patterns and varied front yard setbacks as a means
of providing more visual open space and unique streetscape appearance. Protection of
wetland areas associated with Hunters Lake is also a priority for the subdivision, and
impacts how the development approaches side and rear setback, lot area, lot width,
street right-of-way width, and street width requirements. To facilitate the coved design,
the subdivision received City approval of a PUD to grant flexibility in lot area, width and
setbacks.
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Attached for reference:
Exhibit A: Preliminary Plat Modification
Exhibit B: Phasing Plan
Exhibit C: Site Location Map
Exhibit D: Development Plan
Exhibit E: Final Plat
Exhibit F: Setback Worksheet
Exhibit G: City Engineer Memo dated January 7, 2014
ISSUES ANALYSIS
Existing Conditions. The site is located in the northwest corner of Albertville. Hunters
Lake isolates this site from the remainder of the City. Phase I of the Hunters Pass
Estates development has already been completed, including construction of the internal
road system. The current proposal for Phase II of development is implementing what
was approved with the original plat, with small revisions as described further on in the
report. Hunters Pass Estates Phase II consists of 21 acres of land, including significant
wetland areas. The western portion of the site, adjacent to Towne Lakes 5th Addition,
will be developed at a later date.
Comprehensive Plan. The Comprehensive Plan designates the site for Low Density
Residential Development, of which the proposed development is consistent. The
applicant is proposing a single family subdivision utilizing a “coving” design that
integrates with the site’s natural features. The design will require flexibility from the R-
1A District lot area, lot width, and setback standards. The Planning Commission and
City Council must make a determination as to whether the amenities received in doing a
development of this design warrant the requested PUD flexibilities.
Shoreland Regulations. With approval of the Hunters Pass Estates subdivision in
2005, the City also granted approval of a requested Conditional Use Permit Planned
Unit Development for the site. The City chose to pursue the shoreland provision for
planned unit developments (Section 4908.75) and processed the application as a
standard PUD/CUP. This allowed for flexibility in lot width, lot sizes, setbacks, etc.,
subject to the following site and design criteria:
(Section 4908.75)
A. Minimum project areas shall be as follows:
Residential: Ten (10) acres
B. The total density of the site shall not exceed that which is permitted by the
underlying zoning.
C. Individual lot coverage by impervious surfaces shall not exceed thirty percent
(30%).
D. At least fifty percent (50%) of the project area shall be preserved as open space,
public or private. Open space shall meet all the requirements of section 4908.62 of
this chapter and shall not include roads, sidewalks, parking areas or building
footprint areas. At least one-half (1/2 ) of the preserved open space required by this
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chapter must be in tier 1 of the shoreland area defined in section 4908.41 of this
chapter.
E. Density may be transferred among the tiers and/or structure and parking setbacks
may be reduced to a minimum of seventy five feet (75') from the ordinary high
water level; provided, that all of the following mitigating measures are completed:
1. A natural undisturbed vegetative buffer at least thirty feet (30') in width is
maintained adjacent to the wetland/water's edge of OHW, whichever extends
further landward.
2. A planting plan be designed and implemented that enhances or restores the
natural buffer with a combination of grasses, shrubs, and trees appropriate to
complement the natural habitat.
3. Permanent markers shall be installed and maintained indicating the buffer
edge along the entire shoreland boundary.
4. A homeowners' association document shall be created and recorded that
includes provisions for maintenance of the shoreland markers, prohibits the
use of fertilizers containing phosphorous in rear yards, and that provides a
mandatory penalty for violations of the homeowners' association and
provisions of this chapter.
Project Area and Open Space Coverage. The 2nd Addition project area is 21 acres
total, and will consist of 12 single family lots, Outlot A, and Outlot B. Though only a
portion of that area is currently proposed for development, the proposed subdivision in
its entirety appears to meet the minimum project area requirement of 10 acres.
Wetlands and buffers are open space, protected as outlots and easements over the
entire plat. More than 50% of the entire plat (including the 1st, 2nd, and 3rd Additions) will
be preserved as permanent open space. The individual lot coverage by impervious
surface requirement shall be met upon completion of construction of homes on lots.
Wetland Buffer. How the project addresses the required wetland buffer has changed
from Phase I of development. The City Engineer is recommending that lots in Blocks 2
and 3 of Hunters Pass Estates Phase II be reduced in size from that approved with the
original plat, to allow space for the required 20 foot wetland buffer area to be external to
lots and within Outlot A. The goal here is to increase the likelihood of the buffer being
protected and maintained over time. Lots in Hunters Pass Estates Phase I contain an
easement for wetland buffer areas interior to lots. However, the City has experienced
difficulty in enforcing the protection of these buffer areas, due to the fact that the
location within lots is difficult to determine over time as locational signs are removed,
and the buffer itself is mowed by residents who do not wish to maintain it. The
designation of the required wetland buffer area to Outlot A in the current proposal
means that mowing or removal of the buffer becomes a trespass issue, which is more
enforceable by the City. The applicant is requesting that the City permit reduced lot
size, reduced rear setbacks, and small adjustments to house pad locations from that
approved with the original plat in order to implement the wetland buffer in Outlot A.
Exhibit A “Preliminary Plat Modification” demonstrates lot areas approved in the original
plat, in addition to reduced lot areas currently being proposed. In addition, Exhibit F
details front, side and rear setbacks for Phase II lots.
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Zoning. The site is zoned R-1A (PUD), and is located within the Shoreland Overlay
District of Hunters Lake. Hunters Lake is designated as a Natural Environment Lake.
The following setback and lot standards are applicable to developments within the R1-
A, PUD and Shoreland Management Overlay District:
R-1A District Requirement PUD Proposed
Minimum Lot Area 15,000 square feet 8,220 – 14,510
Average 10,725
Minimum Lot Width (Interior) 100 feet 61 - 93 feet *
Minimum Lot Width (Corner) 120 feet N/A
Front Setback 30 feet 30 - 58 feet
Side (Interior) Setback 10 feet 10 feet (house side)
5 feet (garage side) **
Side (Corner) Setback 30 feet 30 feet
Rear Principal Setback 25 feet 10 – 30 feet ***
Rear Accessory Setback 10 feet Shall meet requirement
Maximum Building Height 35 feet Shall meet requirement
Maximum Building Lot Coverage 25% Shall meet requirement
Maximum Units per Acre 2.9 units per acre 4.1 units per acre
Shoreland Overlay District (PUD)
Structure Setback from OHWL 75 feet Minimum 80 feet
Lot Coverage by Impervious Surface Maximum 30% Shall meet requirement
Project Area Open Space Coverage Minimum 50% Shall meet requirement
Wetland Buffer 30 feet Shall meet requirement
*As measured from the adjusted front yard setback
**Planned unit developments as outlined in subsection 4908.75E, may have reduced structure setbacks
when mitigating measures are completed. Hunters Pass Estates PUD approval allowed for reduced side,
front and rear setbacks, as described in the report.
***10 foot rear yard setback shall apply only to Lots 1 – 4 Block 3, and Lots 1 – 2 Block 2, of Hunters
Pass Estates 2nd Addition.
Plat and PUD approval of the Hunters Pass Estates subdivision in 2005 allowed for
reduced lot areas and setbacks to allow for implementation of the coved subdivision
design and increased protection of wetland areas. Approval at that time permitted side
yard setbacks of 5 feet on the garage side and 10 feet on the living space side (interior
lots), 30 foot side yard setbacks on corners, front yard setbacks of a minimum of 30 feet
variably to larger setbacks, and rear setbacks of a minimum of 30 feet.
As demonstrated in Exhibit F, setbacks for Hunters Pass Estates Phase II lots coincide
with setbacks approved in the original plat, with the exception of rear setbacks. Upon
recommendation from the City Engineer, lots in Blocks 2 and 3 have been reduced in
size to provide for a wetland buffer area exterior to subdivided parcels. This reduction
in rear setbacks is tied to a reduction in rear lot depth on wetland lots. To allow for a
wetland buffer area external to lots, the rear property lines on wetland lots have been
moved in 20 feet, resulting in a reduced rear yard. With a minimum 10 foot rear setback
and a 20 foot wetland buffer external to lots, require homes to be placed at least 30 feet
from the wetland boundary. This is the same wetland setback required in Phase I,
however it is attained by allowing reduced rear setbacks within lots, which provides for a
protected wetland buffer area external to lots. With the final plat, the applicant shall
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provide a table outlining the required setbacks for each lot in Hunters Pass Estates 2nd
Addition. The final recommended PUD setbacks are outlined in Exhibit F.
All homes shall be designed to allow decks and porches to fit within the required
adopted building setbacks. This provision shall be included within the Hunters Pass
Estates Architectural Guidelines and PUD Agreement.
Lot Design.
Low Floor Elevation. Low floor elevations for parcels on lakes must be a minimum of
three feet above the Ordinary High Water Level (OHWL). The OHWL for Hunters Lake
is 947.3, in which case the minimum low floor elevation is 950.3 feet. All building pads
in the proposed development must maintain the described minimum floor elevation.
Steep Slopes. The site contains areas of steep slopes exceeding a 12% grade,
particularly in lots abutting Hunters Lake. The City Engineer must evaluate possible soil
erosion impacts and development visibility from public waters before issuing a permit for
construction of roads, driveways, structures, or their improvements on steep slopes.
When determined necessary, conditions must be attached to issued permits to prevent
erosion and to preserve existing vegetation screening of structures, vehicles, and other
facilities as viewed from the surface of public waters, assuming summer, leaf-on
vegetation. The applicant must adhere to any recommendations the City Engineer
makes in these regards.
Circulation/Access/Street Design. The applicants are proposing to extend 69th Street
Circle NE from the existing Hunters Pass Estates subdivision into the proposed
subdivision expansion. The street will culminate in a cul-de-sac. No additional access
to 70th Street is proposed, but residents will gain access via LaSalle Circle, which
connects with both 69th Street Circle and 70th Street. The applicants are proposing to
construct the 69th Street Circle extension to match right of way width and curb to curb
width as previously approved for the street in Phase I of development (50 feet right of
way, and 28 feet curb to curb). The final street design is subject to the review and
approval of the City Engineer.
Grading and Drainage. The applicant has submitted grading, drainage, and utility
plans which are subject to the review and approval of the City Engineer.
Wetland Mitigation. The applicant has delineated the wetlands on the site. Proposed
lots are located outside of the existing wetland boundary, and wetland areas have been
designated as Outlot A, which will be maintained as a permanent drainage and utility
easement. The applicant shall install signs along the side and rear property lines of the
2nd Addition demarking the edge of the wetland buffer. The sign design and sign
locations shall be subject to the approval of the City Engineer.
Landscaping. The applicant has not provided a landscaping plan. The Zoning
Ordinance requires that one shade or evergreen tree be planted per residential lot,
which will be required as part of the development agreement. Additionally, all lots
backing onto 70th Street must contain a minimum 20 foot in depth vegetative buffer
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consisting of staggered planting that meet the City’s screening requirements. This is of
particular importance given the expectation of the City that traffic volumes on this road
will continue to increase in the future. The applicant shall submit a landscape plan
indicating the location of the described buffer planting. The planting plan for Phase II
should otherwise adhere to the landscape plan submitted and approved with the final
plat for the Hunters Pass Estates PUD in 2005.
Park Dedication. According to Ordinance Section 11-7-8-2 of City Code, the applicant
is required to dedicate to the City for park, playground, and public open space purposes
a minimum amount of land or cash, or a combination of the two. Phase I park land
dedication was accomplished with the creation of a park on the north portion of Hunters
Pass Estates, just south of 70th Street. A cash dedication of $3,300 per single family lot
will be required for Phase II of development.
The applicant has requested to pay the park dedication fees at time of building permit.
In discussion with City staff, we cannot recommend this payment option. To provide
some up front relief, we can recommend a staged payment of the park dedication under
the following terms:
1. The applicant shall pay the park dedication in increments of four lots. The first
payment shall be collected with the recording of the final plat. Subsequent
payments shall occur prior to building out of the fourth lot.
2. No transfer of title or issuance for building permit shall occur for lots that have not
paid park dedication.
3. The letter of credit shall secure payment of outstanding park dedication.
4. These terms and arrangements shall be incorporated into the Hunters Pass 2nd
Addition PUD development agreement.
Homeowners Association. All property owners in the Hunters Pass Estates 1st
Addition are part of the Hunters Pass Estates Homeowners Association (HOA). The
HOA adopted a set of architectural guidelines to guide Phase 1 lot and subdivision
design. Phase II of development must follow architectural guidelines provided in Phase
I of development, and all Hunters Pass Estates 2nd Addition homeowners must join and
adhere to standards provided by the Hunters Pass Estates HOA.
City Engineer Comments. The City Engineer has reviewed the Preliminary and Final
Plat and offers recommendations in the January 7, 2014 memo (Exhibit G). The
recommendations shall be incorporated into the plat approvals.
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RECOMMENDATION
Upon review of the proposed Preliminary and Final Plat for Hunters Pass Estates 2nd
Addition, it is staffs view that the proposed 12 single family lots are consistent with the
intent of the comprehensive plan for the subject area. The Planning Commission and
the City Council must determine if the requested flexibilities area acceptable. Staff
recommends approval of the proposed plats subject to the following conditions:
1. The applicant shall install and maintain wetland demarcation signage at the
boundaries of the wetland buffer. The sign design and sign location shall be
approved by the City Engineer.
2. The applicant shall provide a landscape plan illustrating a vegetative buffer
planting along the northern border of the site, between Phase II lots and 70th
Street. In addition, one shade or evergreen tree must be planted per residential
lot, which will be required as part of the development agreement. All other
plantings shall adhere to the landscape plan approved with the final plat for the
Hunters Pass Estates PUD in 2005.
3. Provide a park dedication fee totaling $3,300 per individual lot, to be paid in three
installments per the conditions outlined in this report.
4. The applicant shall adhere to established architectural standards (design
guidelines) for the Hunters Pass subdivision, as adopted by the Hunters Pass
Estates Homeowners Association. The architectural guidelines shall be
amended to stipulate that all decks and/or porches shall be designed to fit within
the approved PUD building setbacks.
5. Following final plat approval, the entire plat shall be brought into the Hunters
Pass Estates HOA at the time of recording, and the developer and Phase II
homeowners shall adhere to the HOA declaration, bylaws, and rules, and any
addendums to said standards.
6. The applicant is required to enter into a PUD agreement that demonstrates that
Hunters Pass Estates Phase II will implement and adhere to all conditions
provided in the original Hunters Pass Estates PUD agreement and the conditions
of this report.
7. All homes must be constructed at least three feet above Hunters Lake’s OHWL
of 947.3, low floor elevation for all homes in the proposed development must be
at 950.3 feet in elevation or higher.
8. The applicant shall comply with the recommendation of the January 7, 2014 City
Engineer memo (attached as Exhibit G).
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c: Sue Schwalbe
Kim Olson
Paul Heins
Mike Couri
Scott Dahlke, Applicant’s Engineer
Nathan Jones, Tollberg Homes, 1428 5th Avenue, Anoka, MN 55303
EXHIBIT A15
EXHIBIT B16
EXHIBIT C
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EXHIBIT D
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EXHIBIT E
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Hunters Pass 2nd Addition – Phase II
Minimum Lot Setback Summary
Minimum
Front Setback
Minimum Side
Setback –
House Side
Minimum Side
Setback –
Garage Side
Minimum Rear
Setback
Block 1
Lot 1 58 10 5 30
Lot 2 46 10 5 30
Lot 3 35 10 5 30
Lot 4 30 10 5 30
Lot 5 30 10 5 30
Lot 6 30 10 5 30
Block 2
Lot 1 30 10 5 10
Lot 2 30 10 5 10
Block 3
Lot 1 38 10 5 10
Lot 2 46 10 5 10
Lot 3 38 10 5 10
Lot 4 38 10 5 10
EXHIBIT F
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Albertville City Hall ● 5959 Main Avenue NE, PO Box 9 ● Albertville, MN 55301 ● (763) 497-3384
M E M O R A N D U M
Date: January 7, 2014
To: Honorable Mayor and City Council
Cc: Al Brixius - City Planner
Michael Couri - City Attorney
Scott Dahlke, Civil Engineering Site Design (Tollberg Homes)
From: Adam Nafstad, P.E., City Engineer
Subject: Hunters Pass Estates – Second Addition
Civil Plan Review
I have reviewed the submitted plat and civil plan set for the above referenced project, prepared
by Civil Engineering Site Design, and dated 11/12/13.
Civil plan improvements generally consist of the following:
Municipal Improvements – Street and sidewalk construction of 69th Circle NE, rear-yard
storm sewer construction, minor utility adjustments, and wetland demarcation.
On- and Off-Site Improvements – Minor grading, erosion and sediment control, and topsoil
and turf restoration.
Mass grading, utility installation, wetland mitigation and other related work was completed
in 2006 in conjunction with the first addition.
Based on the review of the plans, it is recommended that the plans be approved subject to the
following conditions:
1. The Applicant secures the NPDES permit (storm water) and a WCA No loss/No Impact
permit (wetlands) prior to commencing work.
2. All Improvements are constructed in accordance with the latest edition of CEAM’s Standard
Utility Specifications and Albertville City Standards.
3. Record drawings of all site improvements, as described by the City’s As-Built Checklist, are
required prior to release of surety.
4. Applicant shall submit a wetland demarcation signage plan for City review and shall install
signage as directed by the City.
5. Street lighting, and private utility (electric, gas, phone) plans shall be submitted for review.
6. The storm sewer/forcemain crossing shall be insulated, as specified by the City.
7. The irrigation service lines in the cul-de-sac shall be repaired or replaced as required.
8. The proposed B612 curb for the cul-de-sac island shall be revised to 28-inch surmountable.
9. Outlot A shall be deeded to the City.
Please let me know if you have any questions.
EXHIBIT G
21
22
MEMORANDUM
TO: Adam Nafstad
FROM: Alan Brixius/Michelle Barness
DATE: January 9, 2014
RE: Albertville – Food Truck Licensing and Regulation
FILE: 163.05 – 13.16
BACKGROUND
The City of Albertville has recently experienced requests from food truck vendors to be able to
operate in the community. City Ordinance does not currently provide standards specific to the
regulation of food trucks, which have thus far been allowed to operate under a transient
merchant license and a temporary outdoor seasonal sales permit. Currently food trucks are
operating at the Outlet Mall, where food options are currently limited, at public and semi-public
events, including the farmers market and Friendly City Days, and at the local hardware store,
an independent business.
The operation of food trucks in the community raises some questions. In the past, the City has
recommended pursuing opportunities for more restaurants, however the transient nature of
food trucks poses concerns with regards to potential impacts on other food related businesses.
Food trucks are not required to rent or purchase property to conduct their sales, but will
compete against established taxpaying restaurants that have invested in real estate. Should
the City deem this kind of competition appropriate, they will need to establish regulations for
the unique style of operation associated with mobile food vendors. An analysis of local and
regional standards pertaining to food trucks follows. The report goes on to provide
recommendations for adapting the City Ordinance to better regulate these uses in the
community.
ANALYSIS
Existing Local Regulation for Mobile Food Trucks. The City of Albertville currently
regulates the operation of mobile food trucks by requiring interested parties to attain a transient
merchant license (City Code Chapter 4) and a temporary outdoor seasonal sales permit
(Zoning Ordinance Section 1000.22). Neither City Code Chapter 4 nor Zoning Ordinance
23
Section 1000.22 directly refers to the regulation of mobile food trucks, however mobile food
trucks can fall within the purview of the definitions provided for transient merchants and
temporary outdoor seasonal sales, which are as follows:
Transient Merchant: Any person, whether as principal, employee or agent, who
engages in, does, or transacts any temporary or transient business in the city, either in
one locality or traveling from place to place in the city selling goods, wares, and
merchandise, and who, for the purpose of carrying on such business, hires, leases,
occupies or uses a building, structure, vehicle, property, or other place for the
exhibition and sale of such goods, wares, and merchandise. (Ord. 2004-14) (Chapter
4, Section 4-4-2 Definitions)
Temporary Outdoor Seasonal Sales: The temporary sale of agricultural produce,
Christmas trees, flowers and the like sold and conducted by the operators of a
legitimate, established business within the appropriate zoning district in the city.
(Zoning Ordinance Section 200.2 Definitions)
Regulations for transient merchants and those addressing temporary outdoor seasonal sales
generally overlap, and include standards addressing the time and duration of sales, operation
location, and parking and traffic circulation provisions. Transient merchant regulations also
define noise level expectations and overnight storage limitations. Outdoor seasonal sale
regulations also address maintenance and presentation of the outdoor seasonal sale site.
Both the license and the permit require permission from the affected property owner, if different
than the applicant.
Food truck sales may be ongoing throughout the year, and are mobile in nature. As such,
regulation of the use via the transient merchant license alone should be appropriate. On the
other hand, the temporary outdoor seasonal sales permit is directed at short term sales, often
associated with a permanent business, in which case the regulation of food trucks does not
clearly apply. In moving ahead with adapting the Ordinance for the regulation of food trucks,
staff recommends focusing on the transient merchant code and not outdoor seasonal sales.
State Regulation of Mobile Food Trucks.
Minnesota Statutes Chapter 157 Food, Beverage, and Lodging Establishments
According to Minnesota Statutes Chapter 157 Food, Beverage, and Lodging Establishments, a
license is required annually for anyone engaged in the business of conducting a food and
beverage service establishment. To acquire a license, applicants must make application, pay
the required licensure fee, and receive approval for their operation, including plan review
approval. Food truck licensure in Wright County is provided by the Minnesota Health
Department.
State Statutes directly address regulation of mobile food trucks, which the State refers to as
“mobile food units,” or MFUs. MN Statutes Chapter 157 provides the following definition for
food establishments of a temporary or mobile nature, from Section 157.15 Definitions:
24
Food cart. A food and beverage service establishment that is a non-motorized vehicle
self-propelled by the operator.
Mobile food unit. A food and beverage service establishment that is a vehicle
mounted unit, either:
(1) motorized or trailered, operating no more than 21 days annually at any one place,
or operating more than 21 days annually at any one place with the approval of the
regulatory authority as defined in Minnesota Rules, part 4626.0020, subpart 70; or
(2) operated in conjunction with a permanent business licensed under this chapter or
chapter 28A at the site of the permanent business by the same individual or company,
and readily movable, without disassembling, for transport to another location.
Seasonal permanent food stand. A food and beverage service establishment which is
a permanent food service stand or building, but which operates no more than 21 days
annually.
Seasonal temporary food stand. A food and beverage service establishment that is a
food stand which is disassembled and moved from location to location, but which
operates no more than 21 days annually at any one location.
Minnesota Food Code, from Minnesota Rules Chapter 4626
The Minnesota Food Code contains the minimum design, installation, construction, operation
and maintenance requirements for all food establishments in Minnesota. These rules are the
standards with which food establishments must comply in the handling, storing, preparation
and service of food to the retail food consumer. Chapter 4626 defines a “food establishment”
as including an operation that is conducted in a “mobile, stationary, temporary, or permanent
facility, location, or cart, regardless of whether consumption is on or off the premises.”
MN Food Code Chapter 4626 provides very specific regulation of mobile food establishments,
as described in Section 4626.1860 Mobile Food Establishments; Seasonal Temporary Food
Stands; Seasonal Permanent Food Stands. This section of State code regulates different
aspects of food truck operation, including mechanical systems, water supply and disposal,
washing and sanitation facilities, waste disposal, food preparation and cooking areas, and food
preservation/refrigeration. A complete list of state standards can be found in Section
4626.1860.
Minnesota Department of Health
As indicated earlier, the Minnesota Department of Health (MDH) is the agency responsible for
plan review and licensing for mobile food units in Wright County. The MDH enforces
regulations provided for Mobile Food Units (MFUs) in MN Statutes Chapter157 and MN Food
Code Chapter 4626. The MDH requires individuals or groups interested in operating an MFU
to submit a “Temporary/Seasonal Plan Review Application” and required fees at least 30 days
prior to beginning new construction or remodeling of an MFU. .
25
The MDH plan review process follows these steps:
1. Applicants submit the plan review application, required information and appropriate fee.
2. MDH plan review staff reviews plans in the order they are received.
3. MDH plan review staff calls or emails applicants when review starts, and to request any
needed additional information.
4. When review is complete, applicants receive a letter reporting the findings of the review
(approval or denial). Plan approval letters will include a license application.
5. Applicants begin construction after approval to avoid costly corrections and delayed
openings.
6. Applicants submit the license application and appropriate fee.
7. Applicants contact MDH to request a preoperational inspection.
Plan submission must include the following:
• A completed plan review application with the required fees.
• Intended menu.
• Description of how food will be prepared.
• Easily readable floor plan layout indicating the location of all equipment (e.g., cooking
equipment, hood, refrigerators, food prep counters, hand washing sink(s), three-
compartment sink, and food prep sink).
• Finish schedule for floors, walls and ceilings.
• Manufacturer’s equipment specifications sheets for all equipment, including sinks.
• Size of water heater, and fresh water and wastewater holding tanks.
• Finishes for counters and cabinetry.
• Commissary agreement, if required.
• List of intended, scheduled events or areas of operation if known.
In addition, the MDH requires that all plans address the following:
• All food and beverage equipment must meet the standards of NSF International and
have an identifiable marking indicating that it meets these standards.
• A ventilation hood and mechanical exhaust system that meets the standards of NSF
International must be provided for cooking equipment that produces grease laden
vapors, smoke, fumes or condensation.
• A three-compartment sink required for sanitizing utensils, dishes and equipment. The
sink must be supplied with hot and cold running water.
• A separate hand washing sink is required and must be supplied with hot and cold
running water, soap and paper towels.
• The flooring must be noncorrosive metal or vinyl flooring or equivalent.
• The interior wall and ceiling surfaces must be smooth, nonabsorbent and easily
cleanable.
Once plans are approved by the MDH and construction or renovation of the MFU is completed,
applicants need to follow the following steps to get licensed:
1. Apply for a license. With the MHD plan approval letter, applicants will receive a license
application. The license fee is separate from the plan review fee. Applicants submit the
26
completed license application and required license fee before contacting MDH to request
a preoperational inspection. They should contact MDH 14 days in advance to schedule a
preoperational inspection.
2. Have the MF unit inspected. Applicants bring the MFU or STF to an agreed public
location (e.g., MDH office) for the preoperational inspection. MDH staff cannot conduct
inspections at a private residence. All equipment should be present (with the exception of
food, which should not be brought into the MFU or STF until MDH approves the unit for
operation).
3. Post the license and decal during operation. MDH issues a license and permanent decal
after approval. Applicants post the original license and permanent decal in the unit at all
times. The license is valid for one calendar year (January 1 through December 31), and
must be renewed annually.
The MHD publication “Mobile Food Unit and Seasonal Temporary Food Stand Construction
Guide” provides specific information on equipment and operations regulations for MFUs, which
are in line with requirements as provided in MN Food Code Chapter 4626, described earlier in
the report.
DISCUSSION
Considerations for Updating the Albertville City Code for Mobile Food Units
The existing Ordinance addresses the transient or temporary nature of operations in a general
way. For example, the temporary sale of Christmas trees at a permanent location year after
year is currently lumped in with retail food sales from a mobile food truck found throughout the
community. As described earlier in the report, the State regulates mobile food units in a
specific way, with special attention to managing the health and sanitation aspects of the use in
line with how a restaurant would be regulated. It would be difficult for Albertville to incorporate
detailed food regulations in the licensure for transient merchants, because as indicated, not all
transient merchants have food operations. However, the City Ordinance can be updated to
define and identify mobile food units as a separate transient use requiring licensure from the
City. The City may wish to group other food related transient uses (food trailers and food
carts) in with the mobile food unit transient use license. This will allow the City to provide
additional regulations specific to these uses in the Ordinance. In addition, once mobile food
units have been clearly defined as a transient use in the Ordinance, the requirement for State
licensure and regulation can be directly referenced in the City’s licensure requirements.
As the temporary outdoor seasonal sales permit is intended to regulate one time, consecutive
day outdoor sales, Mobile Food Unit (MFU) regulation would be better served in combination
with transient merchant regulations provided in Chapter 4 of the City Code, which cater to
ongoing and transient outdoor operations. Concerns that should be addressed in amending
Chapter 4 for mobile food unit licensure include verifying that MFUs have been licensed
through the MN Health Department, requiring evidence that the property owner has given
permission for MFU operations to proceed, controlling location of MFUs on a property so that
they are not located within public right of ways or required parking stalls, and don’t otherwise
obstruct site circulation, establishing guidelines for appropriate setup and maintenance of MFU
27
sites, and providing for a buffer between MFUs and established restaurants or coffee shops.
In addition, the hours of operation for MFUs should be amended to provide extended hours of
operation from that currently allowed transient merchants. Code requires transient operations
to cease by 4:00 PM, but MFUs can better serve food retail needs over both the lunch and
dinner hours, in which case hours of operation should extend into the evening.
The operation of MFUs is appropriate in commercial, industrial, or public/institutional districts,
which should be identified in Chapter 4 licensing regulations for MFUs. In addition, mobile
food units and food carts should be defined in Zoning Ordinance Chapter 0200 Rules and
Definitions.
Finally, the City may need to integrate regulations specific to ice cream trucks in the food truck
transient merchant license. These trucks serve pre-packaged food as opposed to prepared
food and are located in a greater variety of zoning districts, and as such require less stringent
regulatory conditions.
RECOMMENDATION
Albertville City Code Chapter 4 Peddlers, Solicitors and Transient Merchants should be
amended to provide a definition for mobile food units (under Section 4-4-2 Definitions), and to
establish additional specific regulations for mobile food units applying for a transient merchant
license (under Section 4-4-6 Additional Restrictions for Transient Merchants). Mobile food
units should adhere to all general transient merchant regulations provided in Chapter 4.
Additional requirements specific to mobile food units have been provided in a draft ordinance
amendment attached to this report.
c: Sue Schwalbe
Kim Olson
Paul Heins
Mike Couri
28
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
ORDINANCE NO. 2014 - ____
AN ORDINANCE AMENDING CITY CODE CHAPTER 4 (PEDDLERS, SOLICITORS
AND TRANSIENT MERCHANTS), AND SECTION 200.2 (DEFINITIONS) OF
CHAPTER 0200 (RULES AND DEFINITIONS) IN APPENDIX A (ZONING
ORDINANCE), OF THE 2005 ALBERTVILLE MUNICIPAL CITY CODE, RELATING
TO MOBILE FOOD UNIT (FOOD TRUCK) REGULATIONS
Section 1. Section 4-4-2 (Definitions) of Chapter 4 (Peddlers, Solicitors and Transient
Merchants) is hereby amended as follows:
4-4-2 DEFINITIONS
The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
CANVASSER: Any person canvassing for funds door to door in the city on behalf of a
charitable, religious or nonprofit organization as defined in internal revenue service code section
501(c)(3).
MOBILE FOOD UNIT: A food and beverage service establishment that is a vehicle mounted
unit, such as:
(1) Motorized or trailered, operating no more than twenty-one (21) days annually at any one
place, or operating more than twenty-one (21) days annually at any one place with the approval
of the regulatory authority as defined in Minnesota Rules, part 4626.0020, subpart 70.
(2) Operated in conjunction with a permanent business licensed under Chapter 157 or Chapter
128A of the Minnesota State Statutes at the site of the permanent business by the same individual
or company, and readily movable, without disassembling, for transport to another location.
(3) Food Cart: A food and beverage service establishment that is a non-motorized vehicle self-
propelled by the operator.
29
(4) Ice Cream Truck: A motor vehicle utilized as the point of retail sales of pre -wrapped or
prepackaged ice cream, frozen yogurt, frozen custard, flavored frozen water or similar frozen
dessert products.
PEDDLER: Any person with no fixed place of business dealing in the city who travels around
from place to place, or street to street, carrying or transporting goods, or soliciting for all manner
of wares, services and merchandise, offering such wares, service or merchandise for sale or
making sales and delivering articles to purchasers.
SOLICITOR: Any person who goes from place to place and/or house to house soliciting or
taking or attempting to take orders for the purchase of any food, wares or merchandise, including
magazines, books, periodicals or personal property of any nature whatsoever for delivery in the
future, or orders for the performance of a service in or about the home or place of business, such
as furnace cleaning, roof repair or blacktopping.
TRANSIENT MERCHANT: Any person, whether as principal, employee or agent, who engages
in, does, or transacts any temporary or transient business in the city, either in one locality or
traveling from place to place in the city selling goods, wares, and merchandise, and who, for the
purpose of carrying on such business, hires, leases, occupies or uses a building, structure,
vehicle, property, or other place for the exhibition and sale of such goods, wares, and
merchandise. (Ord. 2004-14)
Section 2. Section 4-4-6 (Additional Restrictions for Transient Merchants) of Chapter 4
(Peddlers, Solicitors and Transient Merchants) is hereby amended as follows:
4-4-6 ADDITIONAL RESTRICTIONS FOR TRANSIENT MERCHANTS
F. Mobile food units (MFUs) and food carts are required to meet the additional following
standards:
1. MFUs must be licensed by the Minnesota Health Department, and must adhere to State
regulations for food trucks as provided in Food Code Chapter 4626.1860 Mobile Food
Establishments; Seasonal Temporary Food Stands; Seasonal Permanent Food Stands.
Evidence of the State license must be provided to the City as part of the local license
application.
2. MFUs operations are limited to the business, industrial, and public/institutional districts,
and are not permitted between the hours of ten o’clock (10:00) P.M. and eight o’clock
(8:00) A.M. Ice cream truck vendors may operate in all zoning districts, but must adhere
to the described hours of operation.
30
3. MFU sites shall be kept in a neat and orderly manner, and shall adhere to the following
site requirements:
a. Trash and/or recycling collection and cleanup must be provided.
b. MFUs must provide independent power supply which is screened from view.
Generators are permitted.
c. MFUs may not maintain or use outside sound amplifying equipment, televisions
or other similar visual entertainment devices, lights or noisemakers such as bells,
horns or whistles. Ice cream trucks traveling through a residential district may
have outdoor music or noise-making devices to announce their presence.
d. MFUs cannot obstruct the movement of pedestrians or vehicles or pose a hazard
to public safety.
e. MFUs shall be located on an asphalt or concrete surface.
f. MFUs may not be located within 300 feet of existing restaurants or coffee shops.
g. MFUs must close during adverse weather conditions when shelter is not provided.
4. MFUs must be located on private property, and the applicant must provide written
consent from the property owner. However, MFUs may be located in a public park with
approval from the City, and ice cream trucks are allowed to operate within the public
right-of-way in residential districts.
5. Ice cream truck vendors are required to undergo a background check prior to operating in
the community, at the cost of the applicant.
6. If MFU sites are found to be in non-compliance with any conditions as provided in
Chapter 4 of the Ordinance, the City reserves the right to revoke the MFU transient
merchant license.
Section 3. Section 200.2 (Definitions) of Chapter 0200 (Rules and Definitions) of Appendix A
(Zoning Ordinance) is hereby amended as follows:
200.2: DEFINITIONS:
TEMPORARY OUTDOOR SEASONAL SALES: The temporary sale of agricultural produce,
Christmas trees, flowers and the like sold and conducted by the operators of a legitimate,
established business within the appropriate zoning district in the city. City licensed mobile food
units and food carts as defined in Section 4-4-2 of this code do not fall within this definition, and
are exempt from temporary outdoor seasonal sale requirements as provided in Section 1000.22 of
the ordinance.
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THIS AMENDMENT SHALL BE IN FULL FORCE AND EFFECTIVE IMMEDIATELY
FOLLOWING ITS PASSAGE AND PUBLICATION.
Approved by the Albertville City Council this _____ day of _______________ 2014.
__________________________
Jillian Hendrickson, Mayor
__________________________
Kimberly Olson, City Clerk
32
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
MOBILE FOOD UNIT PERMIT NO. ____________
The City of Albertville Issues a Mobile Food Unit (MFU) Permit to
_____________________________________________
Provided the Following Conditions are Met and Satisfied:
1. This permit shall run for the calendar year _________ and will expire without further
action by the City of Albertville on ______________________.
2. The permit holder must provide property owner permission for mobile food unit
operations, for the property located at _____________________________________.
3. MFUs must be licensed by the Minnesota Health Department, and must adhere to State
regulations for food trucks as provided in Food Code Chapter 4626.1860 Mobile Food
Establishments; Seasonal Temporary Food Stands; Seasonal Permanent Food Stands.
4. MFU operations are limited to the business, industrial, and public/institutional districts,
and are not permitted between the hours of ten o’clock (10:00) P.M. and eight o’clock
(8:00) A.M. Ice cream truck vendors may operate in all zoning districts, but must adhere
to the described hours of operation.
5. MFU sites shall be kept in a neat and orderly manner, and shall adhere to the following
site requirements:
a. Trash and/or recycling collection and cleanup must be provided.
b. MFUs must provide independent power supply which is screened from view.
Generators are permitted.
c. MFUs may not maintain or use outside sound amplifying equipment, televisions
or other similar visual entertainment devices, lights or noisemakers such as bells,
horns or whistles. Ice cream trucks traveling through a residential zoning district
may have outdoor music or noise-making devices to announce their presence.
d. MFUs cannot obstruct the movement of pedestrians or vehicles or pose a hazard
to public safety.
e. MFUs shall be located on an asphalt or concrete surface.
f. MFUs may not be located within three hundred (300) feet of existing restaurants
or coffee shops.
g. MFUs must close during adverse weather conditions when shelter is not provided.
33
6. MFUs must be located on private property, and the applicant must provide written
consent from the property owner. However, MFUs may be located in a public park with
approval from the City, and ice cream trucks are allowed to operate within the public
right-of-way in residential districts.
7. MFUs must adhere to all other applicable regulations provided in Chapter 4 of the
Albertville City Code.
8. Upon granting the Mobile Food Unit license, if the MFU site is found to be in non-
compliance with the conditions of this permit or mobile food unit regulations as provided
in Chapter 4 of the Albertville City Code, the MFU must meet criteria provided by the
City agent in order to become compliant, or the City reserves the right to revoke said
license.
In providing my signature, I agree to meet the criteria for mobile food unit licensing and
operations as described in the Mobile Food Unit Permit and Chapter 4 of the Albertville City
Code.
_________________________________________ Date:_____________________
Signature
_________________________________________
Print Name
_________________________________________ Date:______________________
Kim Olson, Albertville City Clerk
34
MEMORANDUM
TO: Adam Nafstad
FROM: Emily Shively/Alan Brixius
DATE: January 9, 2014
RE: Albertville – Residential Daycare Providers and Home Occupation
Permitting
FILE: 163.05 - 13.12
BACKGROUND
A complaint was received in mid-October regarding a daycare being run out of a
residential property located at 11600 52nd Street NE. The complainant stated that there
was excessive noise coming from the property and inquired as to the regulation of home
daycare and whether there were any conditions related to noise impact on adjoining
properties.
REGULATION OF HOME DAYCARE
State Licensure. Home daycare facilities are licensed by the state. Licensing and
regulation is delegated to county human services departments that are responsible for
issuing licenses, ensuring compliance with regulations, and handling complaints. The
licensing process includes a home visit by the county human services licensor.
Licensees are required to comply with all local ordinances.
The Minnesota Administrative Rule also identifies care providers who are exempt from
licensure (9502.0325 Subp.3). These include:
A. Day care provided by a relative to only related children; or
B. Day care provided to children from a single, unrelated family, for any length of
time; or
C. Day care provided for a cumulative total of less than 30 days in any 12-month
period; or
D. The exclusions contained in items A and B are mutually exclusive.
35
Zoning Ordinance. A review of the ordinance found inconsistencies between
ordinance sections as they relate to residential daycare. Daycare facilities serving 12 or
fewer persons in a single family dwelling are a permitted use in all residential districts.
However, residential daycare is also regulated under Home Occupations (Chapter
1600) and requires a permit or license; this chapter is not referenced in the residential
district section noted above.
Chapter 1600 distinguishes between “family day care” which is a permitted home
occupation and requires a home occupation permit ($30 fee and administrative
issuance) and “daycare - group nursery” which requires a special home occupation
license “which shall be applied for, reviewed and disposed of in accordance with the
provisions of Chapter 400 of this Ordinance.” The special home occupation license fee
ranges from $300/$1,000; Chapter 400 outlines the conditional use permit process and
review standards, including Planning Commission and City Council review.
Definitions. The Zoning Ordinance does not provide definitions for either family
daycare or daycare group nursery; however, Minnesota Administrative Rules Chapter
9502, Licensing of Day Care Facilities provides the following related definitions:
Family day care. "Family day care" means day care for no more than ten
children at one time of which no more than six are under school age. The
licensed capacity must include all children of any caregiver when the children are
present in the residence.
Group family day care. "Group family day care" means day care for no more
than 14 children at any one time. The total number of children includes all
children of any caregiver when the children are present in the residence.
These State definitions appear to correlate with the intended differentiation in the
Chapter 1600 of the Zoning Ordinance. However, they are still inconsistent with the “12
or fewer persons” reference in the residential district section. Further, the definition for
“Daycare Facility” in Chapter 200 of the Zoning Ordinance does not reference number
at all:
DAYCARE FACILITY: Any state licensed facility, public or private, which, for gain
or otherwise, regularly provides one or more persons with care, training,
supervision, habilitation, rehabilitation, or developmental guidance on a regular
basis, for periods of less than twenty four (24) hours per day, in a place other
than the person's own home. "Daycare facilities" include, but are not limited to:
family daycare homes, group family daycare homes, daycare centers, day
nurseries, nursery schools, daytime activity centers, day treatment programs,
and day services.
Zoning Ordinance Requirements and General Provisions. Section 1600.4 lists
conditions that all home occupations must comply with and provides a framework for
ensuring that home occupation activities do not have a detrimental impact on adjoining
properties. The provisions address noise and nuisance issues, hours of operation, and
36
parking along with other standards that relate to compatibility of the use with the
surrounding neighborhood.
COMPLAINT INVESTIGATION
A list of licensed home daycare providers can be found online at the MN Department of
Human Services website (Exhibit A). The property where the complaint was generated
is listed as currently licensed. The DHS online report notes that the initial effective date
for the license at this address was June 19, 2006 and the current license was issued on
June 1, 2013 and will expire on June 1, 2015. The licensee has a capacity of 12
children (10 years of age and younger) at this property. This particular license is for
Group Family Day Care (C2) which requires one adult caregiver and allows up to 10
children under kindergarten age of which no more than one may be an infant and one
may be a toddler (Exhibit B).
There is no record of a home occupation permit being issued by the City for this
address; however, the licensed capacity at this residence is permitted under the
residential district standards.
A review of State licensed providers in Wright County found that 40 residential daycare
providers are currently licensed in Albertville. It is unlikely that any have obtained home
occupation permits or special home occupation licenses from the City.
Complaints regarding licensed (or illegal, un-licensed providers) are handled by Wright
County Human Services Child Care Licensing (763-682-7485 or via e-mail
to dclicensing@co.wright.mn.us). The intake social worker will gather relevant
information and pass it on to a licensing inspector. Complainant information is kept
confidential.
In this case, the complaint is regarding a noise/nuisance issue that is regulated by the
City’s Zoning Ordinance (either under Chapter 5 or Chapter 1600). However, as the
proprietor has not received a City permit, enforcement proceedings are not entirely
straightforward. Furthermore, due to the inconsistencies in the Zoning Ordinance, it is
unclear whether or not the provider is even required to have a home occupation permit.
RECOMMENDATION
Regarding the specific complaint, the care provider at 11600 52nd Street NE could be
contacted and made aware that a noise complaint has been made. This could be
handled in the same or similar manner for any noise complaint under Chapter 5. The
complainant may be advised that the home in question is a licensed daycare provider
and this type of home daycare is a permitted use in the residential district. Any further
issues or concerns should be addressed to Wright County Human Services.
37
Given that there are currently 40 residential daycare providers in Albertville and the
Zoning Ordinance contains conflicts regarding this use, the City needs to determine how
to proceed with permitting requirements for residential daycare providers. The City may
choose to bring existing providers into compliance with the home occupation
requirements of the ordinance and dedicate sufficient staff resources to that effort, or
pursue an ordinance amendment that describes different terms and conditions for
providing residential daycare services in the City.
We are recommending that the Zoning Ordinance be amended to accomplish the
following:
• Add language to the definition of “daycare facilities” to reference State rule
definitions for added clarity.
• Allow state licensed daycare facilities serving 14 or fewer persons in a single family
dwelling as a permitted accessory use in all residential districts (including A-1 and A-
2), subject to the standards outlined in Section 1600.4.A and B (this section should
be amended to allow hours of operation to begin at 6:00 AM to allow for early drop-
off times). This will provide for congruence with State licensure capacity standards
and address potential land use impacts in residential neighborhoods. State licensing
of residential daycare facilities does not permit more than 14 children and a license
at that capacity requires two caregivers. Daycare facilities serving more than 14
children are considered center based child care by the State and would be required
to be located in commercial districts in the City.
• Allow all other listed permitted home occupations as permitted accessory uses in
all residential districts, without requiring a permit or fee, subject to the standards
outlined in Section 1600.4.A. and B. These very low intensity uses include: art
studio, dressmaking, secretarial services, foster care, professional offices and
teaching with musical, dancing and other instructions which consists of no more than
one pupil at a time, and similar uses. These uses do not seem to rise to the level of
needing a permit with administrative review.
• Remove the requirement for a conditional use permit for special home
occupations in Section 1600.3.B and issue permits for these uses
administratively with a $30 license fee. The uses identified as special home
occupations (barber and beauty services, daycare-group nursery, photography
studio, group lessons, saw sharpening, small appliances and small engine repair)
may have greater impacts on adjacent properties and should be subject to staff
review, but do not rise to the level of requiring Planning Commission and City
Council review and higher permit fees.
These changes will allow for existing home occupation uses (including home daycare)
to continue and be subject to performance standards, reduce the requirements for home
occupations that have little or no impact on adjacent properties, and provide for
additional regulatory oversight for home occupations that may have a greater land use
impact in residential neighborhoods. The proposed text amendments are attached for
Planning Commission consideration.
38
Attachment A Chapter 1600: Home Occupations (with proposed amendments)
Attachment B Draft Ordinance Amendments
c: Sue Schwalbe
Kim Olson
Paul Heins
Mike Couri
39 Attachment A
Chapter 1600: HOME OCCUPATIONS
Proposed Amendments
1600.1: PURPOSE:
The purpose of this chapter is to prevent unfair competition with business districts and to provide
a means through the establishment of specific standards and procedures by which home
occupations can be conducted in residential neighborhoods without jeopardizing the health,
safety and general welfare of the surrounding neighborhood. In addition, this chapter is intended
to provide a mechanism enabling the distinction between permitted home occupations and
special or customarily "more sensitive" home occupations so that permitted home occupations
may be allowed through an administrative process rather than a legislative hearing process. (Ord.
1988-12, 12-19-1988)
1600.2: APPLICATION:
Subject to the nonconforming use provisions of this ordinance, all occupations conducted in the
home shall comply with the provisions of this chapter. This chapter shall not be construed,
however, to apply to home occupations accessory to farming. (Ord. 1988-12, 12-19-1988)
1600.3: PROCEDURES AND PERMITS:
A. Permitted Home Occupation: Any permitted home occupation, as defined in this chapter,
shall be a permitted accessory use without requiring the issuance of a city license provided they
comply with the requirements of Sections 1600.4.A. and 1600.4.B. of this ordinance. shall
require a permitted home occupation license. Such license shall be issued subject to the
conditions of this chapter, other applicable city regulations and state law. This license may be
issued by the zoning administrator or his agent based upon proof of compliance with the
provisions of this chapter. Application for the permitted home occupation license shall be
accompanied by a fee established by section 100.10 of this ordinance. If the administrator denies
a permitted home occupation license to an applicant, the applicant may appeal the decision to the
board of adjustment and appeals, which shall make the final decision. The license shall remain in
force and effect until such time as there has been a change in conditions or until such time as the
provisions of this chapter have been changed. At such time as the city has reason to believe that
either event has taken place, a public hearing shall be held before the planning commission. The
council shall make a final decision on whether or not the permit holder is entitled to the license.
B. Special Home Occupation: Any home occupation which does not meet the specific
requirements for a permitted home occupation, as defined in this chapter, shall require a special
home occupation license which shall be applied for, reviewed and disposed of in accordance
with the provisions of chapter 400 of this ordinance. Such license shall be issued subject to the
conditions of this chapter, other applicable city regulations and state law. This license may be
issued by the zoning administrator or his agent based upon proof of compliance with the
provisions of this chapter. Application for the permitted home occupation license shall be
accompanied by a fee established by section 100.10 of this ordinance. If the administrator denies
a special home occupation license to an applicant, the applicant may appeal the decision to the
city council, which shall make the final decision. The license shall remain in force and effect
40 Attachment A
until such time as there has been a change in conditions, a violation of the terms of the license,
sale of the house, or until such time as the provisions of this chapter have been changed. At such
time as the city has reason to believe that either event has taken place, a public hearing shall be
held before the planning commission. The council shall make a final decision on whether or not
the permit holder is entitled to retain the license.
C. Declaration Of Conditions: The planning commission and the councilzoning
administrator may impose such conditions of the granting of a special home occupation license
as may be necessary to carry out the purpose and provisions of this chapter.
D. Effect Of License: A special home occupation license may be issued for a period of one
year, after which the license may be renewed for periods of up to three (3) years each. Each
application for license renewal shall, however, be processed in accordance with the procedural
requirements of the initial special home occupation license.
E. Lapse Of Special Home Occupation License By Nonuse: Whenever, within one year after
granting a license, the use as permitted by the license shall not have been initiated, then such
license shall become null and void unless a petition for extension of time in which to complete
the work has been granted by the council. Such extension shall be requested in writing and filed
with the zoning administrator at least thirty (30) days before the expiration of the original
license. There shall be no charge for the filing of such petition. The request for extension shall
state facts showing a good faith attempt to initiate the use. Such petition shall be presented to the
planning commission for a recommendation and to the council for a decision.
F. Reconsideration: Whenever an application for a license has been considered and denied
by the citycouncil, a similar application for a license affecting substantially the same property
shall not be considered again by the planning commission or council for at least six (6) months
from the date of its denial unless a decision to reconsider such matter is made by not less than
four-fifths (4/5) vote of the entire city council.
G. Reiteration Of License: An applicant shall not have a vested right to a license renewal by
reason of having obtained a previous license. In applying for and accepting a license, the license
holder agrees that his monetary investment in the home occupation will be fully amortized over
the life of the license and that a license renewal will not be needed to amortize the investment.
Each application for the renewal of a license will be reviewed without taking into consideration
that a previous license has been granted. The previous granting or renewal of a license shall not
constitute a precedent or basis for the renewal of a license. (Ord. 1988-12, 12-19-1988; amd.
2005 Code)
1600.4: REQUIREMENTS; GENERAL PROVISIONS:
All home occupations shall comply with the following general provisions and, according to
definition, the applicable requirement provisions.
A. General Provisions:
1. No home occupation shall produce light glare, noise, odor or vibration that will in
any way have an objectionable effect upon adjacent or nearby property.
41 Attachment A
2. No equipment shall be used in the home occupation which will create electrical
interference to surrounding properties.
3. Any home occupation shall be clearly incidental and secondary to the residential
use of the premises, should not change the residential character thereof, and shall result in
no incompatibility or disturbance to the surrounding residential uses.
4. No home occupation shall require internal or external alterations or involve
construction features not customarily found in dwellings except where required to
comply with local and state fire and police recommendations.
5. There shall be no exterior storage of equipment or materials used in the home
occupation, except personal automobiles used in the home occupation may be parked on
the site.
6. The home occupation shall meet all applicable fire and building codes.
7. There shall be no exterior display or exterior signs or interior display or interior
signs which are visible from outside the dwelling with the exception of directional and
identification/business signs to the extent authorized by the provisions of the city code
relating to signs.
8. All home occupations shall comply with all Albertville city regulations.
9. No home occupation shall be conducted between the hours of ten o'clock (10:00)
P.M. and seven six o'clock (76:00) A.M. unless said occupation is contained entirely
within the principal building and will not require any on street parking facilities.
10. Home occupations shall not create a parking demand in excess of that which can
be accommodated in an existing driveway, where no vehicle is parking closer than fifteen
feet (15') from the curb line or edge of paved surface.
B. Requirements; Permitted Home Occupation:
1. No person other than those who customarily reside on the premises shall be
employed.
2. All permitted home occupations shall be conducted entirely within the principal
building and may not be conducted in an accessory building.
3. Permitted home occupations include, and are limited to: art studio, dressmaking,
secretarial services, state licensed in home daycare facilities serving fourteen (14) or
fewer childrenfamily daycare, foster care, professional offices and teaching with musical,
dancing and other instructions which consists of no more than one pupil at a time, and
similar uses.
42 Attachment A
4. The home occupation shall not involve any of the following: repair service or
manufacturing which requires equipment other than found in a home; teaching which
customarily consists of more than one pupil at a time; over the counter sale of
merchandise produced off the premises.
C. Requirements; Special Home Occupation:
1. No person, other than a resident, shall conduct the special home occupation,
except where the applicant can satisfactorily prove unusual or unique conditions or need
for nonresident assistance and that this exception would not compromise the intent of this
ordinance.
2. Examples of special home occupations include: barber and beauty services, state
licensed daycare facilities serving 14 or fewer children with two or more
employeesdaycare-group nursery, photography studio, group lessons, saw sharpening,
small appliances and small engine repair and the like.
3. The special home occupation may involve any of the following: stock in trade
incidental to the performance of the service, repair service or manufacturing which
requires equipment other than customarily found in a home, the teaching with musical,
dancing and other instruction of more than one pupil at a time.
4. Special home occupations may be allowed to accommodate their parking demand
through utilization of on street parking. In such case where on street parking facilities are
necessary, however, the council shall maintain the right to establish the maximum
number of on street spaces permitted and increase or decrease that maximum number
when and where changing conditions require additional review. (Ord. 1988-12, 12-19-
1988; amd. 2005 Code)
1600.5: NONCONFORMING USE:
Existing home occupations lawfully existing on the effective date hereof may continue as
nonconforming uses. They shall, however, be required to obtain licenses for their continued
operation. Any existing home occupation that is discontinued for a period of more than one
hundred eighty (180) days, or is in violation of the provisions of this ordinance under which it
was initially established, shall be brought into conformity with the provisions of this chapter.
(Ord. 1988-12, 12-19-1988)
1600.6: INSPECTION:
The city hereby reserves the right upon issuing any home occupation license to inspect the
premises in which the occupation is being conducted to ensure compliance with the provisions of
this chapter or any conditions additionally imposed. (Ord. 1988-12, 12-19-1988)
43 Attachment B
DRAFT Jan. 9, 2014
ORDINANCE NO. 2014-_______
AN ORDINANCE AMENDING APPENDIX A, ZONING ORDINANCE OF THE
ALBERTVILLE CITY CODE RELATED TO CHANGES TO SECTION 100.10, FEES,
CHARGES AND EXPENSES; SECTION 200.2, DEFINITIONS; CHAPTER 1600, HOME
OCCUPATIONS; CHAPTER 3100, A-1 AGRICULTURAL DISTRICT ACCESSORY
USES; CHAPTER 3200, A-2 AGRICULTURAL TRANSITIONAL DISTRICT
ACCESSORY USES; AND CHAPTER 3250, R-1A, RESIDENTIAL LOW DENSITY
SINGLE FAMILY DISTRICT PERMITTED USES
THE CITY COUNCIL OF THE CITY OF ALBERTVILLE ORDAINS:
Section 1. Chapter 0100 Title and Application Section 0100.10 Fees, Charges, and Expenses of
the Albertville City Code is hereby amended to repeal the strikeouts and add the following
underlined text:
1600.3A Home occupation $30.00
1600.3B Special home occupation permit $300.00/$1,000.00 $30.00
Section 2. Chapter 0200 Rules and Definitions, Section 200.2 Definitions of the Albertville
City Code is hereby amended to add the following underlined text:
DAYCARE FACILITY: Any state licensed facility, public or private, which, for gain or
otherwise, regularly provides one or more persons with care, training, supervision,
habilitation, rehabilitation, or developmental guidance on a regular basis, for periods of less
than twenty four (24) hours per day, in a place other than the person's own home. "Daycare
facilities" include, but are not limited to: family daycare homes, group family daycare homes,
daycare centers, day nurseries, nursery schools, daytime activity centers, day treatment
programs, and day services as further defined by the state.
Section 3. Chapter 1600 Home Occupations, Section 1600.3. Procedures and Permits of the
Albertville City Code is hereby amended to repeal the strikeouts and add the following
underlined text:
A. Permitted Home Occupation: Any permitted home occupation, as defined in this
chapter, shall be a permitted accessory use without requiring the issuance of a city license
provided they comply with the performance standards of Section 1600.4.A. and 1600.4.B
of this ordinance shall require a permitted home occupation license. Such license shall be
issued subject to the conditions of this chapter, other applicable city regulations and state
law. This license may be issued by the zoning administrator or his agent based upon
proof of compliance with the provisions of this chapter. Application for the permitted
home occupation license shall be accompanied by a fee established by section 100.10 of
44 Attachment B
this ordinance. If the administrator denies a permitted home occupation license to an
applicant, the applicant may appeal the decision to the board of adjustment and appeals,
which shall make the final decision. The license shall remain in force and effect until
such time as there has been a change in conditions or until such time as the provisions of
this chapter have been changed. At such time as the city has reason to believe that either
event has taken place, a public hearing shall be held before the planning commission. The
council shall make a final decision on whether or not the permit holder is entitled to the
license.
B. Special Home Occupation: Any home occupation which does not meet the
specific requirements for a permitted home occupation, as defined in this chapter, shall
require a special home occupation license which shall be applied for, reviewed and
disposed of in accordance with the provisions of chapter 400 of this ordinance. Such
license shall be issued subject to the conditions of this chapter, other applicable city
regulations and state law. This license may be issued by the zoning administrator or his
agent based upon proof of compliance with the provisions of this chapter. Application for
the permitted home occupation license shall be accompanied by a fee established by
section 100.10 of this ordinance. If the administrator denies a special home occupation
license to an applicant, the applicant may appeal the decision to the city council, which
shall make the final decision. The license shall remain in force and effect until such time
as there has been a change in conditions or until such time as the provisions of this
chapter have been changed. At such time as the city has reason to believe that either
event has taken place, a public hearing shall be held before the planning commission. The
council shall make a final decision on whether or not the permit holder is entitled to the
license.
C. Declaration Of Conditions: The planning commission and the council zoning
administrator may impose such conditions of the granting of a special home occupation
license as may be necessary to carry out the purpose and provisions of this chapter.
Section 4. Chapter 1600 Home Occupations, Section 1600.4.A. Requirements; General
Provisions of the Albertville City Code is hereby amended to repeal the strikeouts and add the
following underlined text:
9. No home occupation shall be conducted between the hours of ten o'clock (10:00)
P.M. and seven o'clock (7:00) six o’clock (6:00) A.M. unless said occupation is contained
entirely within the principal building and will not require any on street parking facilities.
Section 5. Chapter 1600 Home Occupations, Section 1600.4.B. Requirements; Permitted Home
Occupation of the Albertville City Code is hereby amended to repeal the strikeouts and add the
following underlined text:
3. Permitted home occupations include, and are limited to: art studio, dressmaking,
secretarial services, state licensed daycare facilities serving 14 or fewer children family
daycare, foster care, professional offices and teaching with musical, dancing and other
instructions which consists of no more than one pupil at a time, and similar uses.
45 Attachment B
Section 6. Chapter 1600 Home Occupations, Section 1600.4.C. Requirements; Special Home
Occupation of the Albertville City Code is hereby amended to repeal the strikeouts and add the
following underlined text:
2. Examples of special home occupations include: barber and beauty services, state
licensed daycare facilities serving 14 or fewer children with two or more employees
daycare-group nursery, photography studio, group lessons, saw sharpening, small
appliances and small engine repair and the like.
Section 7. Chapter 3250 R-1A Residential Low Density Single-Family District, Section
3250.2 Permitted Uses of the Albertville City Code is hereby amended to repeal the strikeouts:
Daycare facilities serving twelve (12) or fewer persons in a single-family dwelling.
Section 8. Chapter 3100 A-1 Agricultural Rural District, Section 3100.3 Accessory Uses of
the Albertville City Code is hereby amended to add the following underlined text:
Home occupations as regulated by chapter 1600 of this ordinance. This includes state
licensed daycare facilities serving fourteen (14) or fewer persons in a single-family dwelling
provided they comply with the performance standards outlined in Section 1600.4.A. and
1600.4.B.
Section 9. Chapter 3200 A-2 Agricultural Transitional District, Section 3200.3 Accessory
Uses of the Albertville City Code is hereby amended to add the following underlined text:
Home occupations as regulated by chapter 1600 of this ordinance. This includes state
licensed daycare facilities serving fourteen (14) or fewer persons in a single-family dwelling
provided they comply with the performance standards outlined in Section 1600.4.A. and
1600.4.B.
Section 10. Effective Date. This ordinance shall be effective upon passage and publication.
APPROVED this _________ day of _________________ 2014.
________________________________
Jillian Hendrickson, Mayor
ATTEST:
___________________________________
Kimberly Olson, City Clerk
Mn Department of Human Services Licensed Family Child Care in Albertville (Current as of October 17, 2013)Last NameFirst NameCapacityInitial Effective DateCurrent Effective DateExpiration DateLicense ClassAlexander Tonia 5524 Kalenda Dr NE Albertville MN 55301 763 497-5443 12 1/6/2006 1/1/2013 1/1/2015 C2Asleson Andrea 10572 62nd St NE Albertville MN 55301-431 763 242-8177 10 4/19/2013 4/19/2013 4/1/2014 ABerning Susan 6062 Kaiser Circle NE Albertville MN 55301 763 497-1553 10 8/28/2003 8/1/2012 8/1/2014 C2Berning Jennifer 10142 Karston Ave NE Albertville MN 55301 763 497-7362 12 2/19/2004 12/1/2012 12/1/2014 C1Bjokne Jessica 5472 Kahl Ave NE Albertville MN 55301-3505763 258-6255 10 1/19/2010 1/1/2013 1/1/2015 C1Bogenholm Charae 11210 54 1/2 St NE Albertville MN 55301 763 497-7168 12 9/8/2005 9/1/2013 9/1/2015 C2Bongaarts Tricia 9411 65th St NE Albertville MN 55301-9713763 497-3308 14 3/4/2011 3/1/2012 3/1/2014 C3Caza Karen 5479 Kali Ave NE Albertville MN 55301 763 497-7340 12 5/25/2007 5/1/2012 5/1/2014 C2Colvin Crystal 10586 48th St NE Albertville MN 55301 763 497-0588 12 2/1/2011 4/9/2012 2/1/2014 C2Cushman Shirley 10545 50th Ct NE Albertville MN 55301 763 497-6099 12 5/16/2003 5/9/2012 5/1/2014 C2Edgren Mary 10172 Karston Ct NE Albertville MN 55301-4610763 497-7761 12 6/16/2009 6/1/2012 6/1/2014 C2Ellison Lauri 6118 Kahl Ave NE Albertville MN 55301 763 497-9776 12 9/25/2003 9/1/2012 9/1/2014 C2Engstrom Mary 6221 Karston Drive NE Albertville MN 55301 763 219-5108 10 9/16/2002 9/1/2013 9/1/2015 C1Fehn Maria 11510 53rd St NE Albertville MN 55301-397 763 227-0380 10 7/22/2013 7/22/2013 7/1/2014 AFolkestad Justine 10632 61st St NE Albertville MN 55301 763 497-3878 10 10/16/2000 10/1/2013 10/1/2015 C1Howard Andrea 10439 52nd St NE Albertville MN 55301 612 716-3847 12 10/4/2006 10/1/2013 10/1/2015 C2Jaycox Shannon 6112 Kaiser Ln NE Albertville MN 55301 763 515-3906 14 4/29/2009 8/10/2012 4/1/2014 C3Jaycox StevenJohnson Valerie 10548 62nd St NE Albertville MN 55301-431 763 244-4259 10 6/3/2012 6/3/2013 6/1/2015 C1Johnson Kristine 6092 Kahler Dr NE Albertville MN 55301 763 497-1641 10 11/7/2006 11/1/2011 11/1/2013 C1Jorgensen Wendy 10271 Karston Ave NE Albertville MN 55301 763 497-0470 10 8/15/2002 8/1/2013 8/1/2015 C2Kippley Patricia 11352 54 1/2 St NE Albertville MN 55301 12 2/13/2008 2/1/2013 2/1/2015 C2Krutzig Janet 5553 Lannon Ave NE Albertville MN 55301 763 497-3459 12 11/17/1999 11/1/2011 11/1/2013 C2Lake Karie 10290 Karston Ave NE Albertville MN 55301 612 483-6085 12 2/3/2012 2/1/2013 2/1/2015 C2Logan Jessica 5487 Kalenda Drive NE Albertville MN 55301 763 497-7178 12 2/6/2003 2/1/2012 2/1/2014 C2McAlpine Tiffany 11600 52nd St NE Albertville MN 55301-3926612 723-5745 12 6/19/2006 6/1/2013 6/1/2015 C2Milless Patrice 6203 Karmen Ave NE Albertville MN 55301-4647763 497-1666 12 4/28/2010 4/1/2013 4/1/2015 C2Monsrud Erin 10527 61st Pl NE Albertville MN 55301 763 497-4469 12 10/28/2005 10/1/2012 10/1/2014 C2Noska Darlene 11337 53rd St NE Albertville MN 55301 763 497-2436 12 7/23/1993 7/1/2012 7/1/2014 C2Oakvik Sharon 6168 Kahl Ave NE Albertville MN 55301 763 497-9905 14 12/8/2004 12/1/2012 12/1/2014 C3Olson Kelly 6278 Kahler Dr NE Albertville MN 55301-4307763 742-8657 12 10/14/2013 10/14/2013 10/1/2014 C2Peltz Jennifer 11446 53rd St NE Albertville MN 55301-3994763 497-8861 12 3/1/2010 5/29/2013 3/1/2015 C2Richards Wendy 5498 Kalland Ave Albertville MN 55301-4337763 497-4477 12 8/30/1996 8/1/2013 8/1/2015 C2PhoneAddress46
Mn Department of Human Services Licensed Family Child Care in Albertville (Current as of October 17, 2013)Last NameFirst NameCapacityInitial Effective DateCurrent Effective DateExpiration DateLicense ClassPhoneAddressRostad Debbie 5561 Lake Ave NE Albertville MN 55301 763 497-5963 10 5/5/2000 5/1/2012 5/1/2014 C1Rux Tiffany 6115 Kaitlin Ave NE Albertville MN 55301-4503763 515-3017 14 2/15/2011 9/3/2013 2/1/2014 C3Smiley Cari 10765 53rd St NE Albertville MN 55301-461 763 497-1486 12 1/26/2009 1/1/2012 1/1/2014 C2Smith Tami 5518 Kalenda Drive Albertville MN 55301 763 443-9274 12 8/11/1999 8/1/2013 8/1/2015 C2Thurman Nicole 6220 Kaitlin Ave NE Albertville MN 55301 763 497-4064 14 12/14/2006 12/1/2011 12/1/2013 C3Veenhuis Norma 5697 Lannon Circle NE Albertville MN 55301-9797763 497-4817 10 8/30/2006 8/1/2013 8/1/2015 C1Vosberg Kimberly 10540 50th Ct NE Albertville MN 55301 763 242-0874 12 10/1/2004 10/1/2013 10/1/2015 C2Wedel Jill 10615 61st St NE Albertville MN 55301 763 497-6663 12 12/1/2004 12/1/2011 12/1/2013 C247
Licensed Capacity
Child/Adult Ratios and Age Restrictions
Class
Licensed
Capacity -
All Children
10 & Under
Adults
Total
Children
Under
Kindergarten
Total Infants (6 weeks to 12 months) and
Toddlers (12 months to 24 months)
Family Day Care
A 10 1 6 Of the total children under Kindergarten, a
combined total of no more than three shall
be infants and toddlers. Of this total, no
more than two shall be infants.
Specialized Infant and Toddler Family Day Care
B1 5 1 3 No more than three shall be infants.
B2 6 1 4 No more than two shall be infants.
Group Family Day Care
C1 10 1 8 Of the total children under Kindergarten, no
more than three shall be infants and
toddlers. Of this total, no more than two
shall be infants.
C2 12 1 10 Of the total children under Kindergarten, no
more than two shall be infants and toddlers.
Of this total, no more than one shall be an
infant.
C3 14 2
A helper may be used in place
of a 2nd caregiver when there
is no more than one infant or
toddler present.
10 Of the total children under Kindergarten, a
combined total of no more than four shall be
infants and toddlers. Of this total, no more
than three shall be infants.
Specialized Infant and Toddler Group Family Day Care
D 9 2
Both caregivers shall be adults.
7-tod Of the total children, no more than four shall
be infants.
48
49
MEMORANDUM
TO: Adam Nafstad
FROM: Alan Brixius/Michelle Barness
DATE: January 9, 2014
RE: Albertville – 2014 Goals and Project Priorities
FILE: 163.05 - General
The City Council has requested that the Planning and Zoning Commission discuss City
goals and project priorities, and provide recommendations for what the City should
achieve in 2014. To assist in this discussion, planning staff has summarized City goals
and priorities through 2013 in the attached RCA. The list of goals and priorities was
drawn from the 2012 Visioning Study and Vision Study workshops. A list of
administrative, planning/engineering and code enforcement items completed in 2013 is
also attached for reference, and should provide some insight into what the City has
already accomplished, and what tasks may be prioritized in the coming year.
Attached for reference:
2014 Goals and Priorities RCA
2013 Staff Work Completed List
c: Kim Olson
Sue Schwalbe
Paul Heins
Mike Couri
50
Mayor and Council Communication
_____________________________________________________________________________
January 9, 2014
SUBJECT: PLANNING DEPARTMENT – 2012 VISIONING STUDY – GOALS AND PRIORITIES
IMPLEMENTATION
RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider
the following 2012 Visioning goals and priorities and outline your priorities for 2014, providing
direction to staff.
BACKGROUND: The 2012 Visioning Study addressed issues and opportunities in the
community, and identified goals, priorities, and strategies to address each issue. The study was
intended to provide direction to the City in its planning, administration, and investment efforts
over the next 20 to 30 years. In 2013 City staff, the Planning Commission and the City Council
addressed a number of these project priorities, and a number of issues will still need to be
addressed in the future. Planning staff would like the Council to review priorities from the 2012
Visioning Study and progress made on those priorities through 2013, to provide a
recommendation of renewal of stated priorities. The Council should also make
recommendations for any changes to stated goals and priorities, reflective of new issues and
opportunities that have arisen over the last year.
2012 Vision Study Goal Statements:
Small Town Atmosphere:
Goal 1: Maintain and protect Albertville’s small town atmosphere and identity through long
range planning.
Pace of Growth:
Goal 1: Manage growth that provides quality development and does not fiscally burden the
community.
Residential:
Goal 1: Maintain and build attractive residential neighborhoods.
Goal 2: Provide a variety of housing options to meet the life cycle needs of Albertville residents.
Commercial:
Goal 1: Promote commercial development by taking advantage of the City’s access to
Interchange 94, and the growing population of Albertville & its adjoining communities.
Industrial:
Goal 1: Promote continued industrial development in order to expand local employment
opportunities and the City’s tax base.
51
Economic Development:
Goal 1: The Vision Committee identified commercial and industrial growth as a priority for the
community. The City will become more aggressive in its economic development promotion
efforts.
Public Facilities:
Goal 1: Ensure public facilities are designed and constructed to address the City’s long range
needs, facilitate development, and contribute to the quality of life in Albertville.
Finance:
Goal 1: Maintain Albertville as a financially sound, self-sustaining community.
2012 Vision Study Project Priorities (listed according to community support, as identified
in a May 2012 Visioning Study workshop):
• Complete I-94/County Road 19 freeway access Phases I and II (Phase I Complete 2012)
• Extension of water under County Road 18 to the golf course (Complete 2013)
• Develop senior housing with services (2013 Approval/2014 Construction)
• Maintain small town character of Albertville
• Keep guided commercial and industrial land use patterns and zoning as is
• Clean up yards and outdoor storage in residential neighborhoods
• Redevelop Main Avenue homes north of 57th Street to commercial uses
• Maintain high standards for commercial buildings through architecture, site design,
landscaping and screening
• Upgrade County Road 19 between the Outlet Mall and 70th Street
• Construct a trail along County Road 18 between Kahl Avenue and Janson Avenue to provide
access to the High School (Complete 2013)
• Upgrade Albertville wastewater treatment facility to address phosphorous removal
• Investigate programs or ordinances to maintain aging housing stock
• Investigate means to reduce SAC/WAC charges to promote economic development of
hospitality businesses
POLICY/PRACTICES CONSIDERATIONS: The City Council should provide
recommendations on goals and priorities to guide administration, planning, and legal activities in
the coming year.
FINANCIAL CONSIDERATIONS: None.
LEGAL CONSIDERATIONS: None.
SUBMITTED THROUGH: Adam Nafstad, City Administrator
Department/Responsible Person: Planning/Alan Brixius, City Planner
Attachments: None
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:
2013 COMPLETED STAFF ITEMS
Administration
• Personnel Policy Revisions
• Charter Franchise Agreement
• League Insurance Quote
• 70th Street Agreement
• Youth Hockey Outdoor Rink Agreement
• FTTH Cable Franchise Agreement Review
• League 2 year Insurance Renewal
• CGI, Inc. Video Production
• Guardian Angels Conduit bonds
• Knechtl Assessment Appeal/Settlement
• Council iPads & Council iPads use policy/best practices
• Niemeyer Assessment Options/Development Incentives
• 5964 Lease Agreement with Soccer Club
• 2012 Audit
• Rental License Fees – Single Family Attached
• Planning Commission Vacancy
• Rental of Old City Hall
• Temporary Liquor Licenses
• Employee Firearm Policy
• Budget Workshops
• Full Time Employees as Regular Fire Fighters – Agreement
• Trade and Economic Development
• Wright County Alerts
• Fee Schedule
• Reservation Policy and Fees
• I-94 – 101 to 241 Expansion Funding
• MSAS Revisions
Planning/Engineering
• L&D purchase review
• L&D Trucking Building Review
• Realignment Options –Barthel and Large
• Old Public Works Building/Soccer Renovation
• MacKenzie/MacIver Street Renaming
• Fraser Steel – (Coordination Meeting) Building Expansion/TIF
• Fraser Steel – Site Plan Review
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• Informational Letter Regarding Flooding and Flood Insurance
• WWTP Facility Plan Proposals
• 2013 Infrastructure and Street Improvements
• CSAH 18 Trail and Easements
• Outdoor Music Events
• Outdoor Music Permits – Codification
• Federated Coop plat and expansion
• Minor Plan Review Fees
• Guardian Angels Development/TIF
• Guardian Angels Consent to Plat
• Temporary Seasonal Sales Ordinance
• Burda CUP
• Darkenwald Rezoning
• Wayne Brown – Beef O’Malley’s (concept meeting)
• Towne Lakes HOA
• Albert Villas Wetland Buffers
• 54th and Barthel Flood Claims
• Arena Dehumidification Plan
• 57th Street Boardwalk
• Sunoco/Taco Bell CUP
• Memorial Park
Code Enforcement
• Building Official Contract
• Volunteer Service Agreement
• Fire Inspection Policy and Fees
• Mattress Store (Building on 70th Street)
• Wagener Accessory Building (RV)
• 6127 Kalland – Parked Cars Issues
• Trailer/RV Storage Ordinance
• Code Enforcement Policy
• Hazardous Tree Policy