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1997-04-15 CC Agenda/PacketALBERTVILLE CITY COUNCIL AGENDA April 15, 1997 7:00 PM 7:00 1. GALL TO ORDER/ROLL CALL/ADOPT AGENDA (Mayor/Clerk/Council) 7:01 2. SPECIAL ORDER RESOLUTION #1997-29 (RESOLUTION CLOSING CITY FUNDS) - 1996 Audit Report/Debt Service Analysis (KDV) 7 : 30 3. UNFINISHED BUSINESS a. STMA Ice Arena b. ORDINANCE #1997-5 (NOISE) 8 : 0 0 4. NEW BUSINESS a. Minnetonka Voiture 1281 of La Societe 40 Hommes Et 8 Chavaux - License to sell pull -tabs at KD's Family Restaurant b. RESOLUTION #1997-19 (A RESOLUTION ESTABLISHING THE NEED FOR REGULATION OF PERSONAL WIRELESS SERVICE ANTENNAS AND SUPPORT STRUCTURES THEREOF INCLUDING, BUT NOT LIMITED TO, LOCATIONAL REQUIREMENTS) C. ORDINANCE #1997-2 (AN ORDINANCE AMENDING= SECTION 2500 OF THE ALBERTVILLE ZONING ORDINANCE REGARDING THE REGULATION OF ANTENNA (COMMUNICATION RECEPTION/TRANSMISSION DEVICES) d. ORDINANCE #1997-3 (AN ORDINANCE AMENDING SECTIONS A- 500 AND A-600 OF THE ALBERTVILLE SUBDIVISION ORDINANCE REGARDING SKETCH PLAN AND PRELIMINARY PLAT REQUIREMENTS AND ESTABLISHING A SECONDARY STREET ACCESS REQUIREMENT FOR RESIDENTIAL SUBDIVISIONS) e. ORDINANCE #1997-4 (AN ORDINANCE REGULATING THE OPERATION OF SNOWMOBILES AND OTHER RECREATIONAL MOTOR VEHICLES) f. RESOLUTION #1997-28 (APPOINTMENT OF PERSONNEL) g. Regional Transportation Plan (Eng) h. Right -of -Way width (Admin/Eng) i. Road Restrictions (Eng) j. County Ditch No. 9 Drainage (Eng) k. Letter from NSP regarding meter at WWTF 1. Election Support Agreement/Hardware Maintenance Agreement (Clerk) M. 1996 "extra" Snow Removal Cost Reimbursement (State) ^ o. Certification of Local Performance Measures (State) P. Snow Plow Policy - Tree Damage Complaint (C. Bauer) q. ORDINANCE #1997-6 (AN ORDINANCE AMENDING SECTION A- 600.7 OF THE ALBERTVILLE SUBDIVISION ORDINANCE REGARDING STREET RIGHT -OF -WAX AND PAVEMENT WIDTH (FACE TO FACE OF CURB) AND ESTABLISHING A MINOR COLLECTOR STREET CLASSIFICATION 9 : 30 5 . ADJOURNMENT (Counci 1) -10 muk,-fDo - CITY OF ALBERTVILLE RESOLUTION #1997-29 WHEREAS, the Albertville City Council is desirous of closing city funds based on recommendations of the City Auditor Kern, DeWenter, Viere. NOW, THEREFORE, BE IT RESOLVED that the City Council of Albertville, Wright County, Minnesota, hereby orders that the following actions be taken effective December 31, 1996: Close Fund Transfer To: Amount: Fund 424 Fund 400 $ 112.00 PASSED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE THIS 15th DAY OF APRIL, 1997. Mark S. Olsen, Mayor ATTEST: Linda Houghton, City Clerk /_ , April 9, 1997 TO: City Council FROM: G.L. Hale, City Administrator SUBJ: STMA Ice Arena I will provide a brief update of where this matter is at and what willbe coming in the near future. I to April 9, 1997 TO: City Council FROM: G.L. Hale, City Administrator SUBJ: Ordinance #1997-5 (Noise) During December 1996 we were faced with a problem with a resident that disturbed an entire neighborhood. There were different problems such as: 1)Snowmobiles; 2)noise; 3) underage drinking; and 4)Other'items (Trash, driving on yards). At the time the council decided to prepare a snowmobile ordinance and use the state law on noise. After three plus months the neighbors and sheriff's department, believe we need more stringent requirements to handle noise. The Wright County Sheriff's Department in cooperation with' the Wright County Attorney's Office have supplied two actual city noise ordinances from Wright County. Both agencies feel confident either ordinance is fully enforceable and is strict enough to allow enforcement related to nuisance noise. APR-09-97 WED 02:03 PM WRIGHT 00 SHERIFF'S DEPT FAX N0, 6126827610 WRIGHT COUNTY SHERIFF'S OFFICE Don Lindell Chief Deputy Gary Miller, Captain Administration Gary Tortin, Captain Jail Administrator December 20, 1996 Gary Hale Albertville City hall 'P.O. Box 9 Albertville, MN 55301 Dear Mr. Hale, DON HOZEMPA SHERIFF 10 2nd St. NW, RM 170 Buffalo. Minnesota 65313-1197 1-800-362-3667 36 Zj ,dY Non —Emergency 682-1162 Administration 682-7620 Records 02-7622 Civil 682-7645 Warrants 662-7688 Investigation 682-7630 Jail Admin. 682-7662 Reference your telephone request I have enclosed copies of two ordinances from Annandale and Montrose that Assistant County Attorney Mark Erickson felt were writCen so Lhat they would be reasonably easy to prosecute. Hopefully, they will give you some ideas and a place to at least start from. If you have further questions please give me a call. Sincerely, Deana. s 8 . Cot ton Community P icing Wright County Sheriffs Department: APR-09-97 WED 02:03 PM WRIGHT 00 SHERIFF'S DEPT FAX NO. 6126827610 P.03 A,AM1,1>t_X_ pxmperty or public rig'at-of--way. Any light or combination of lights which cast light on a public street shall not exceed one (1) foot candle (meter reading) as measured from the centerline of said street. Any light or combination of lights which cast light on residential property shall not exceed 0.4 candles (meter reading) as measured from said party. 712. Bulk Storage (liquid) All uses associated with the bulk storage of oil, gasoline, liquid fertilizer, chemicals, and similar liquids shall require a conditional use permit in order that the City Council, may have assurance that fire, explosion, or water or soil contamination hazards are not present (that would be detrimental to the public health, safety, and general welfare). All existing, above -ground liquid storage tanks having a capacity in excess of one thousand (1,000) gallons shall, have a con- 7 ditional use permit within twelve (12) months following enactment of this Ordinance. The City Council may require the de°velopomt of diking around said tshall hold Diking shall be suitably sealed and shahold a V` leakage capacity equal to one hundred fifteen percent (115%)•of the tank capacity. The City Council may require pressure testing of storage tanks on a periodic basis. 7be operation of any existing storage tank that, in the opinion of the City Council constitutes a hazard to the public safety shall be discontinued within five (5) years following enactment of this Ordinance or a shorter period if so determined by the City Council. 13. Nuisances .� No noise, odors, vibration, smoke, air pollution, liquid or solid wastes, heat, glare, dust, or other such adverse influences shall be permitted in any district that will in any way have an objeetional effect upon adjacent or nearby property. Al.l wastes in all distracts shall be disposed of in a mariner that is not dangerous to public health and safety nor will damage public waste transmission or disposal facilities. 77.4 Noise It shall be unlawful to make, continue or cause to be made or cpntinued, any noise in excess of the noise levels set forth unless such noise be reasonably necessary to the preservation of life, health, safety or property. Measurement of Noise. Any activity not expressly exempted.by this section which creates or produces sound regardless of frequency exceeding the ambient noisc levels at the property line of any property (or if a condani.ni= or aparbwnt house within any adjoining apartment) by more than six (6) decibels above the ambient -noise levels as designated in the following table at the time and place and for the duration then mentioned, shall be deemed to be a violation of the Ordinance, but any enumeration herein shall not be deemed to be exclusive. 75 c I APR-09-97 WED 02:04 PM WRIGHT 00 SHERIFF'S DEPT .f . I FAX N0, 612682761.0 P, 04 iI zzI . 6:00 PM-10:00 AN (residential districts) and Duration 7:00 Art-6:00 Pm 6:00 PM-7:00 AM of Sound (all districts) (all ocher districts) Lass than 10 minutes 75 db 70 db Becween 10 minutes and 2 hours 70 db 60 db- in excess of 2 hours 60 db 50 db 715. 10:00 PM-7:00 A2[ (residential districts) 60 db 50 db 40 db In determining whether a particular sound exceeds the maximum permissible sound level in the above cable: (1) sounds in excess of the residential district limitations as measured in a residential district are violative of this section whether the sound originates in a residential district or any other district;. (2) during all hours of Sundays and Scate and Federal holidays, the maximum allowable decible levels for residential districts are as sec forth in Column III of the table. Sounds emanating from the operation of (I) motor vehicles on a public highway; (2) aircraft; (3) outdoor implements such as power lawn m?wers, snowblowers, power hedge clippers, and power saws; and (4) pile drivers or jackhammers and ocher construction equipment are exempt from the provisions of this section. Sounds emanating from lawful and proper activities at schoolgrounds, playgrounds, parks or places wherein athletic contents cake place are exempt from the provisions of this Ordinance. Permitted Encroachments The following shall be considered as permitted encroachments on setback and height requirements except as provided in this Ordinance. In any yard: Posts, off-street open parking spaces, flues, leaders, sills, pilasters, lincele, cornices, eaves, gutters, awnings, open cerrances, service station pump islands, open canopies, step*, chimneys, flag poles, 0Cn4::%M2 eat::res, Opp:; fire escapes, sidewalks and .encas, and al ocili- sip:, lar dLvlse6 incidental and ap urc�nanc Co the principal sc•ruccure except as hereinascer amended, I 44 ted'•From the rear �rard• setback requirements e.xc.spt�t� ' .. .ems q``a "ea'dY'ostr •r` aci 1enry (20) feet froci rhe. rear proper ng�j 76 .r APR-09-97q nWED 02 ; 04 PM WRIGHT CO SHERIFF'S DEPT FAX NO. 6126827610 • ' - �VI+�oW w P. 05 903. Noise 903.01 Public Nuisance Noise Prohibited. No person shall nuke, continue, or cause to be made any loud, irmecessary, or ummial noise or any noise which unreasonably.ar=ys, disturbs, injures, or endangers the ccefart, repose, health, ff e, mfet , or welfare of others or precludes their: enjoyment of cr Xoperty value. This general ,pa:ohibition is DOt Limited by specific restridtions of 903 , 02. 903.02 Specific Noises Prohibited. Subdivision 1. Prohibition.. The foilyWmg acts listed in Subdivisions 2 through 17.axe declared.to ba nuisance noises in -violation of this chapter, but this listing shall not be deemed.to be exclusiva. Subdivisi m 2 .. Horns, ,S3Sna1'Devices, etc. . (1) The souidimg of any born or signaling device on any autoanbile., u0toxcycle, or other vehicle on.any street, public place, or private property within the .city, except as,a present danger waning; (2) - The creation by 'means of any such horn or s igraling device of any unreasonably.loud or harsh sound; (3) The sounding of. any mxh device for an u mecessaxy and le - period "of time; (4) The use of any sigral.ing device 'kept one operated by harm or ~ electricity; (5) The use of any-b=,.' whistle,, or other device operated by engine exhaust; (6) The use ' of any such Signaling device when traffic is held up for WW reason. Subdivision-3. Radios, Amlifiers, etc. The using,. operating, or permitting to be played any Vid:Oce usic ins"unent, phamgraph, .duke box, awlifier, or other machine for the producing, reMxkming, or amplify- ing of sound in such a matmer as to disturb the peace, qu.ist, or ccmfcrt of persons -kesiding or workbag, or peaceably gathered in its vicinity. The opera- tion of said machine or device between the bours of 10 : 00 P.M. and 7 : 00 A.M. shall be prima facie evidence of -a violation of this section if done in such maaamer as to be plainly. audible: (1) within any building or structure used for residential purposes; or C2) At a distance of fifty feet from the building, struct=e, or vehicle in which it is located. Subdivision 4. Loud Speakers, Amlifiers for Advertising. The using, APR-09-97 WED 02:05 PM WRIGHT CO SHERIFF'S DEPT FAX NO. 6126827610 P,06 operating, or permitting to be played any radio receiving set, musical instrument, phrnograph, loudspeaker, sound mPlifier or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of uncial advertising or attracting the attention of the public to any building or structure. Subdivision 5. Yelling, Shoutim etc. Yelling, shouting, booting, WILLS UlDg., or singing at any tune or p7.ace so as to armoy or disturb the quiet, c cefort or repose of persons in wW office, or in any &,elling, hotel,.. motel,* oz other place of residence, or of any persons in the vicinity. Subdivision 6. Animals Birds_ _ _, _ etc. The keep �g of any anlm or bird ,which by causing frequent or loog-continued noise shall disturb the comfort or repose of any persons in the vicinity. bubdivision 7. 'Whistles or Sirens. The blowirg of a locccwtive whistle or steam wbi stle attached to any stat3.ana_y filer or arty siren whatsoever except to give Wtice of the time to begin or stop%.wo=k or as a warning of fire or da%er, or by public emergency vehicles.. Subdivision 8. Exhausts.. Me discharge into the open air of the exhaust of. -any vehicle omepFUi&igh a muffler. or other device which will effect- ively prevent loud or explosive noises. thereon= and which '.camplies with all applicable state l w and regulations, Subdivision 9. Defeat in. Vehicle or Load. The use of- any automobile, motorcycle, - or vehicle so. but ZE repair, so , or in such mmmer as to create loud and txmocessary grating, grinding, rattling, or other noise which shall d3sturli the comfort or repose of any persons 3n the vicinity.* Subdivision 10. Sound Trucks for Adverti.s' ses. The use. of sound trucks or any other vehicle *equipped with sound-mplitdit devices for the purposes of advertising any program, project, or meetirg of art7 public agency, private business, reli.gictis organization, civic group, polio-ical party, orchtaritable organization. Subdivision 21. Loading, N ^Poxes The creation of a loud and excessive noise in cmnectioni4th loading or un%adi% aW vehicle or the oPerLlng mad destruction of bales, boxes, crates, and containers. . Subdivision 12. Construction or ;pjgp! of.Buildir . The erection (includir%g excacvatir�, demolition, altertepair o building between the hours of 9:00 P.M. and 6:00 A.M. an.week days and all day Sunday except where single individuals or families work on single family residences owned by them; for their own ocmTa icy provided that the building inspector may, in cases of erarrge ipy, giant permission to repair. at any time when he finds that such repair work will not affect the health and safety of the persons 3n the vicinity. Subdivision 13. Schools, Courts, Churches, Hospitals. 7 he creation of any excessive noise on any street or private property adjacent to any school, Institution of le=Jng, church, court, or hospital while the same are in use Which unreasonably interferes with the use thereof vrovided cmupicuous signs are APR-09-97 WED 02:05 PM WRIGHT CO SHERIFF'S DEPT FAX NO. 6126827610 P.07 displayed in such streets indicating that the same is a school, hospital or ` court street. Subdivision 14. Hawkers Peddlers. The shouting and crying -of peddlers, s, and vendors which disturbs the peace and quiet of the Subdivision 15. Pile Drivers Hmmxws. etc. The operation between the hm= of 9:00 P.M. and 'A.M. of any pile Erver, power shovel,. pneumatic b comer, jack ham=, deco ck, paws or electric boi st , or other appliance the. use of which is attended by loud or uauval Anise. Subdivision 16. Blowers. The operation of any noise -creating blaAw orMAw fan or any 1ntesna1_=_9=_tion engine, tbe'0PGration of which causes noise due to the explosion of operating gases or fluids, unless the noise from such blower = fan is Muffled and such engim is equipped with a. m3ffler device suffcient'to deaden such noise. Subdivision 17. Noise in Residential .Areas. No person shall, between the hm=s of 10:00 P.M. A.M. congregate because -of or participate in any party or gathering of people Erm which noise mates of a sufficient volume so as to di:stuzb the peace,.quiet, or -repose of persons residing in any residential area. Noise between the Its of 10:00 P.M. and 7:00 A.M.-of such volume as to be plainly audible at a distance of fifty feet from the residential &rolling unit wherein such party or gadzring is located shall be prima facie evidence of a violation of- this section. No- persons shall visit or remain within arty residential dwelling unit wherein such -party- or. gatherimg is taking place except the owner, persons residing in that unit, or persons who bane Sure there for the sole purpose of abating the disturbance. 903.03 & MMsibili . .ihe owner and taunt ,of any. pramses on which a violaticn of 903.02, and 903.02 occiuris shall make every reasonable effort to see that the violation ceases. Violation of. 903.01 and 903.02 sbsll be deemed the act of cc the perrson mmitting the act arrd the person in possession, control, custody, or having urge of pr®.ses who allows or puts the violation' to take place. . Violation of -903.01 and 903.02 shall -Also be deemed the act of the no -resident landlord, provided he has reoeaved written notice from the city of the violation and has failed -.to make every reasonable effort to see that the'violation ceases. .903.04 Penalties. Violation of 903.01 through 903.02 is a petty mis- deaa�vr . - • 903.05 Civil Umedies. Subdivision 1.. Nuisance. Violation of 903.01 through 903.02 may be abated -as a ruisance as prey 901.06 and 901.07. Subdivision 2. Other Remedies. 903.01. through 903.03 may be enforced by.injunction or other tl remedy- I : I :r. �a City Council c/o Linda Houghton, P.O. Box 9 Minnetonka Voiture 1281 c/o Emil Sulander 5001 Williston Road Minnetonka, MN 55345 March 26th, 1997 City Clerk Albertville, MN 55301 Honorable Mayor and Council Members: Re:Pulltab Permit, K-D's Restaurant Minnetonka Voiture 1281 of La Societe 40 Hommes Et 8 Chevaux, the "Honor Society" of the American Legion, respectfully requests the council's permission to obtain the cities license to operate at the above location. Our membership comes from Western Hennepin and Wright Counties and the organization is service oriented. We are currently licensed by the Charitable Gambling Control Board and possess permit number A-04617. We are currently seeking another site in order to expand our opportunities for making "Lawful Purpose Expenditures." (Charitable Gifting) Our gift giving has been broad based, such as: Nurses Training Scholarships, American Legion Baseball, St. Louis Parks S.T.E.P. - A community assistance program, Big Island Veterans Camp, Legion Boys State Scholarships, Legionville, School Patrol Training Camperships and Camp Courage etc. It is our desire to expand these benevolence opportunities and we are thus eager to receive your approval in granting this request. "THANK YOU" Sincerely, Emil Sul nder, Gambling Manager Minnetonka Voiture 1281 - 40 & 8 cc: Gordon Mason, Chef de Gare Gambling Committee Members: Robert Redden James Bahr Dennis Sculthorp Roger Stoick 0 4 6 / C", / dz 4 rzMMIRO & ZONINO COMISSION ru&wh 11, 1997 Albertville City Hall 7:00 PM PRESENT: Chair Donatus Vetsch, Commissioners Jim Brown, Carolyn Bauer, Howard Larson, and Dan Robertus, Zoning Administrator Hale and City Planner Stockman Chair Vetsch convened the regular meeting at 7:00 PM. Moved by Larson, supported by Brown to adopt the agenda. All voted aye. Moved by Brown, supported by Robertus, to approve the minutes of the February 11, 1997, regular meeting. All voted aye. Chair Vetsch moved to proposed changes to the Subdivision Ordinance. City Planner Stockman reviewed the suggested changes to the proposed ordinance A.500 from the February 11, 1997, meeting. The ordinance is dealing with subdividers will submit a sketch plan for adjacent properties. Ordinance A-600 streets is dealing with a single street that does not provide a second street access into/out of the subdivision and number of vehicle trips per day is a determining factor. Security deposit to complete the street and/or limit number of building permits. A time limit of one year --- is included. Moved by Larson. supported by Robertus, to table Ordinance A- 500 and A-600 to the regular April 8th meeting. All voted aye. Chair Vetsch opened a second discussion on Ordinance 2500 - Antennas. Planner Stockman discussed the second draft. Further, Stockman discussed portable antenna with 90 foot height limits and 120 day time limits. Larkin, Hoffman, Daly and Lindgren, attorneys, were present to discuss their clients views on antennas. Mr. Korstad. Planning Commissioners discussed antenna locations, zoning, co -location, construction requirements, engineer requirements of "licensed professional engineers" versus "competent radio frequency engineer", antenna height. Moved by Brown, supported by Larson, to recommend Ordinance #1997-2 Antennas to the City Council for approval with amendments. All voted aye. Chair Vetsch opened discussion on 57th Street NE Extension from CSAH 19 to Main Street NE (CSAH 35). Discussion covered the U PLANNING & ZONING COMMISSION March 11, 1997 Page 2 of 3 need to have the road completed for traffic flow. Commissioner Brown mentioned reasons: 1) Traffic; 2) Orderly development; 3) Safety - access for emergency vehicles; 4) Pedestrian traffic; and so on. Bernard Marx was present to discuss 57th Street. Concerns were zoning and street widths. Liz Stockman discussed collector street width right of way 80 feet versus 60 feet local street. Howard Larson mentioned that Marx's would not allow access on to 57th Street by residential houses. Access on by streets only. Council Member Berning refreshed those present on how the Comprehensive Plan was determined ,and adopted. Zoning was considered as were street types (widths). Chair Vetsch and Commissioner Robertus restated a collector road with a 40 foot width road surface and 80 foot right of way. Commissioner Brown reinforced the need of 80 feet to accommodate a trail. Planner Stockman stated City Engineer Carlson would consider a 70 foot right of way. Don Jensen of Pilot Land discussed alternatives to 80 foot right of ways. Jim Brown felt this issue would not go away. Doug Psyk has 37 feet back to back on 53rd Street and a 60 foot right of way. - Further discussion by all present revolved around existing road sections that were not proper width on 57th Street by the church and 53rd Street in the residential area. Bernard Marx requested zoning changes on 57th Street NE. Wants more commercial property, eliminating some residential. Zoning Administrator Hale discussed fees and applicant turn- around. ' Chair Vetsch asked about Bernard Marx idea on completing 57th Street NE. Moved by Brown, supported by Larson, based on findings of need 1) Orderly development; 2) Public safety; 3) Traffic flow patterns; 4) Pedestrian traffic, the Planning Commission is recommending that the City Council explore the installation of 57th Street NE from CSAH 19 to Lander Avenue NE to include cooperation with abutting property owners and/or condemnation. All voted aye. Don Jensen of Pilot Development presented an update to the Golf Course Committee's second meeting held March 11, 1997, at 6:30 PLANNING S ZONING COMMISSION March 11, 1997 Page 3 of 3 PM. The concept includes "coving" and a golf course. Commissioner Larson discusses ongoing concern over two family housing. Commissioner Brown reviewed the meeting with the number of two family as a concern and the ability to restrict by contract performance standards. Chair Vetsch opened discussion on the D'Aigle/Swanson Development. Planner Stockman discussed access through the lake. Stockman discussed road fill width of 28 feet between lakes. Engineer Carlson was in agreement. ' Liz Stockman moved to D'Aigle. Discussed road access points to 70th Street NE, keep MacIver and paving both streets. Commission needs to discuss issues to provide direction on the D'Aigle questions. Discussed paving. No consensus. D'Aigle's were not interested in paying for Otsego's share of the road. Cost benefit is a factor. Commissioners concerned about "premature" development. A direction for the D'Aigle's would be preferred. Commissioners Brown and Robertus were concerned about the issues of road access, utilities, road pavement and a shared road create an environment where "premature" is the answer for today. Rod D'Aigle stated access to CSAH 19 would not affect their development. Road access would be 70th Street and MacIver and the shared road matter is their problem. Consensus was to have D'Aigle's talk to Joint Services and Transportation Committee. Moved by Larson, supported by Vetsch, to schedule a special meeting on March 25, 1997, at 7:00 PM. All voted aye. Moved by Larson, supported by Vetsch, to adjourn at 10:42 PM. Donatus Vetsch, Chair Garrison Hale, Zoning Admin. PLANNING & ZONING COMISSION March 31, 1997 Albertville City Hall 7:00 PM PRESENT: Chair Donatus Vetsch, Commissioners Jim Brown, Carolyn Bauer, Howard Larson, and Dan Robertus, Deputy Zoning Administrator Linda Houghton and City Planner Liz Stockman Chair Vetsch convened the regular meeting at 7:00 PM. Larson made a motion to adopt the agenda as presented.. Brown seconded the motion. All voted aye. The Commission reviewed the revisions of Ordinance #1997-2 (An Ordinance Amending Sections A-500 and A-600 of the Albertville Subdivision Ordinance Regarding Sketch Plan and Preliminary Plat Requirements and Establishing a Secondary Street Access Requirement for Residential Subdivisions). The ordinance requires that no more than 25 residential units on local streets and no more than 50 units on minor collector streets may be developed within a single plat without providing a second street access into/out of the subdivision. Stockman pointed out that the dead-end street provision is not: fool -proof. City Engineer Peter Carlson is not comfortable with setting a specific number of residences to trigger the construction of a second access. He feels that the Council should have the ability to waive the requirement if necessary. The Commission concurred that the ordinance may later be changed if the Council feels it is not practical to enforce. Brown made a motion to recommend the City Council adopt ORDINANCE #1997-2 titled AN ORDINANCE AMENDING SECTIONS A-500 AND A-600 OF THE ALBERTVILLE SUBDIVISION ORDINANCE REGARDING SKETCH PLAN AND PRELIMINARY PLAT REQUIREMENTS AND ESTABLISHING A SECONDARY STREET ACCESS REQUIREMENT FOR RESIDENTIAL SUBDIVISIONS. Robertus seconded the motion. All voted aye. Liz addressed the memo dated March 27, 1997, from her office regarding street classifications and right-of-way. The subdivision ordinance requires that designated collector streets (53rd and 57th Streets) have an 80 foot right-of-way and a 44 foot road back of curb to back of curb. Local streets are required to have a 60 foot right-of-way with a 36 foot road back of curb to back of curb. At the March staff meeting, the city engineer, the city administrator and the city planner discussed the need for collector streets in the City given the number of arterial and minor arterial (county roads) which provide access in all directions, their close proximity, and the relatively small size of the community. After much discussion, staff recommends that a "Minor Collector" street PLANNING & ZONING COMMISSION SPECIAL MEETING March 31, 1997 Page 2 of 2 classification be created, which would require a 70 foot right-of- way and a 36 foot back of curb to back of curb. Staff further recommends that the designated collector streets (53rd and 57th Streets) be constructed as minor collector streets. The proposed main through -road commencing at CSAH 37 and connecting with 53rd Street, serving Cedar Creek/Center Oaks additions will be classified as a minor collector street. This allows space for trails along the street. Commissioners discussed the pavement width of 32' for local streets. City Engineer Peter Carlson feels that a 32' paved surface is adequate for traffic flow, as well as snow plowing, etc. Commissioner Robertus pointed out that the street in front of his home has a 32' paved surface, but a 36 foot back of curb to back of curb measurement. During the winter months, it was sometimes difficult for two vehicles to pass when a car was parked on one or both sides of the street. Brown made a motion to recommend that the City Council pursue an amendment to the Subdivision Ordinance as follows: A "minor collector" classification with a 70 foot right-of- way and a 36' back of curb to back to curb measurement will be--, created. Robertus seconded the motion. All voted aye. Stockman reviewed the Park & Trail System Policies with the Commission. Minor changes were made in the draft document, and the revised Park & Trail System Policies will be presented for final approval at a later date. The Commission discussed the possible addition of 1.98 acres to the existing 2.84 acre Parkside 3rd park when the Center Oaks parcel is platted. Adjoining park land immediately to the south could be acquired when the Lyman Lumber property develops. Further discussion of the park issue, as well as discussion of the Cedar Creek Golf Course, was tabled to the next regular meeting on April 8, 1997. Larson made a motion to adjourn at 10:15 PM. Robertus seconded the motion. All voted aye. Donatus Vetsch, Chair Linda Houghton, Dep. Zoning Admin. PI.ARNING be ZONING GOMISSION April 8, 1997 Albertville City Hall PRESENT: Commissioners Larson, Dan Robertus and Administrator Garrison Hale, Engineer Pete Carlson 7:00 PM Jim Brown, Carolyn Bauer, Howard Alternate Duane Berning, Zoning City Planner Liz Stockman and City Due to the absence of Chair Vetsch, Vice Chair Larson convened the regular meeting at 7:00 PM. Robertus made a motion to adopt the agenda as presented. Bauer seconded the motion. All voted aye. Chair Larson moved to right-of-way width. Engineer Carlson was present to discuss. Carlson referenced the staff meeting of March 26, 1997. Suggestion was to look at 32 foot width street. Snow plowing policy is to plow curb to curb. 32 foot streets back of curb to back of curb help to reduce development costs and maintenance costs for seal coating, maintenance overlay, etc. MNDOT State Aid has been updated to allow for streets at 26 feet (no parking on either side) to 38 foot wide (parking on both sides). The use of two and three car garages has minimized the need for street parking. Carlson mentioned other communities are'. narrowing their street widths. Planner Stockman discussed road width and David Licht's desire for 80 foot right of way. Commission Members asked to focus on proper definitions of roads. The Commission discussed the minutes and confusion with minutes, zoning ordinance and city engineer memo. Moved by Robertus, supported by Brown to approve the minutes as amended for March 11, 1997. All voted aye. Moved by Brown, supported by Bauer to approve the minutes as amended for March 31, 1997. All voted aye. Chair Larson opened the public hearing at 7:40 PM on rezoning Lots 2 and 3, Block 4, Greenhaven Estates from A-2 to B-3 as requested by Tony Lucas. The request is to rezone the property as it was under Wright County and Frankfort Township. Stockman reviewed the list of B-1, B-2. and B-3 uses. Edina Realty representative Wally Caudron discussed that the property owner has not specified a use. PLANNING & ZONING COMMISSION April 8, 1997 Page 2 of 4 Patti Stalberger of Greenhaven Estates was concerned about rezoning without a plan. Jon end Denise Troe of Greenhaven Estates were not in favor of rezoning. Moved by Berning, supported by Brown, to close the public hearing at 7:55 PM. All voted aye. Moved by Brown, supported by Bauer to table rezoning of Lots 2 & 3, Block 4, Greenhaven Estates to May 13, 1997, Planning meeting. All voted aye. Chair Larson opened a presentation of Cottages of Albertville. Steve Feneis, Dan Feneis, and Terry Mick presented the project. (1) 36 units of owner -occupied town houses, (2) 44 units of rental town homes/cottages (Low to moderate income guidelines) using tax increment financing. Feneis required a comp plan amendment form Commercial/Low Density to Medium Density. Zoning B-3/R1-A to PUD. Properties will be deed restricted for 55 years and older, 18 years or older minimum age and under 18 visitor requirements. Feneis discussed 20 additional units "for sale". Bring parcel ---- in for future use. Commission members discussed specific questions of project and referred to "Findings of Fact & Recommendation" 4/8/97; SEH Engineering memo April 7, 1997; SEH Engineering memo March 27, 1997; NAC memo April 1, 1997, and Radzwill & Couri memo April 7, 1997. Steve Feneis explained they would phase the project for seniors as it rents and markets. Terry Mick explained timing of marketing is important. Liz Stockman suggested space for trails along CSAH 19, landscaping plan and a meed for adequate right of way to meet Wright County standards for CSAH 19. Commissioner Brown discussed density of units. Stockman explained "PUD" zoning may be flexible. Feneis Brothers stated they would comply with setbacks by attaching units rather than having them detached. Commission members added a concern for fire hydrant locations and requested that the fire chief determine locations. PLANNING & ZONING COMMISSION April 8, 1997 Page 3 of 4 Bernard Marx discussed interest in building senior housing on acreage by the church. Commissioner wanted findings discussed. Planner Stockman reviewed Findings of Fact & Recommendation dated April 8, 1997. Moved by Brown, supported by Berning, to open the public hearing at 9:00 PM on Comprehensive Plan amendment from commercial/low density to medium density for Parkside 3rd Outlot A. All voted aye. There was no public comment. Moved by Brown, supported by Robertus to close the public hearing at 9:02 PM. All voted aye. Moved by Robertus, supported by Bauer, to recommend amendment of the Comprehensive Plan from commercial/low density to medium density for Parkside 3rd Outlot A and incorporate the Findings of Fact & Recommendation dated April 8, 1997. All voted aye. Moved by Berning, supported by Brown to open the public hearing at 9:06 PM to rezone Parkside Prd Outlot A. All voted aye. There was no public comment. Moved by Brown, supported by Bauer to close public hearing at 9:06 PM. All voted aye. Moved by Berning, supported by Brown to recommend rezoning Parkside 3rd Outlot A from B-3/R-1A to PUD and incorporate the Findings of Fact & Recommendation dated April 8, 1997. All voted aye. Moved by Robertus, supported by. Bauer to open public hearing at 9:08 PM on preliminary plat and final plat for Cottages of Albertville. All voted aye. There was no public comment. Moved by Robertus, supported by Berning to close public hearing at 9:09 PM. All voted aye. Moved by Brown, supported by Bauer, to recommend approval of preliminary and final plat for Cottages of Albertville and to incorporate the Findings of Fact & Recommendation dated April 8, 1997. All voted aye. PLANNING & ZONING COMMISSION April 8, 1997 Page 4 of 4 Planner Stockman discussed Center Oaks. Commission members discussed trails and placement. Moved by Brown, supported by Robertus, to establish a special meeting on April 29, 1997, at 7:00 PM solely for the purpose of completing the Comprehensive Parks & Trails Plan. No other business will be conducted. All voted aye. Moved by Robertus, supported by Brown, to adjourn the meeting at 9:38 PM. All voted aye. Howard Larson, Vice Chair Garrison Hale, Zoning Administrator i t J i 1 I • i CITY OF ALBERTVILLE WRIGHT COUNTY, MINNESOTA RESOLUTION 97- l _ A RESOLUTION ESTABLISHING THE NEED FOR REGULATION OF PERSONAL WIRELESS SERVICE ANTENNAS AND SUPPORT STRUCTURES THEREOF INCLUDING, BUT NOT LIMITED TO, LOCATIONAL REQUIREMENTS. WHEREAS, on 8 February 1996, Congress enacted the Federal Telecommunications Act of 1996 P.L No. 104-104, to de -regulate the telecommunications industry, providing a more competitive environment for wired and wireless telecommunication services in the United States; and WHEREAS, an accompanying effect of increased competition in the marketplace for wireless telecommunication services is an increased demand for antenna sites on towers and other support structures; and WHEREAS, the Telecommunications Act of 1996 preserves the authority of the City to regulate the placement, construction, and modification of towers, antenna support structures, and associated personal wireless service facilities in order to protect the health, safety and welfare of the City; and WHEREAS, the uncontrolled proliferation of personal wireless service antenna and support structures within the City's residential zoning districts could diminish property values and be a source of aesthetic blight in the City; and WHEREAS, ample opportunities exist for the erection of personal wireless service antennas within the City's Commercial, Industrial, and Public/Institutional Zoning Districts; and WHEREAS, the City's Commercial, Industrial, and Public/Institutional Zoning Districts lie in areas of the City considered highly desirable for such antenna facilities. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Albertville that the attached amendment to the Albertville Zoning Ordinance regarding the regulation of antennas is hereby adopted. ATTEST: Linda Houghton, City Clerk Published in the CITY OF ALBERTVILLE Mark Olsen, Mayor 2 on 1997. f ORDINANCE NO.1997-2 CITY OF ALBERTVILLE WRIGHT COUNTY, MINNESOTA AN ORDINANCE AMENDING SECTION 2500 OF THE ALBERTVILLE ZONING ORDINANCE REGARDING THE REGULATION OF ANTENNA (COMMUNICATION RECEPTION/TRANSMISSION DEVICES). THE CITY COUNCIL OF THE CITY OF ALBERTVILLE ORDAINS Section 1. Section 200.02 of the Albertville Zoning Ordinance (Definitions) is b hereby amended to delete the following definitions: (60) Essential Services (148) Satellite Dish (149) Satellite Dish Height Section 2. Section 200.02 of the Albertville Zoning Ordinance (Definitions) is hereby amended to add the following definitions: (5.1) Antenna Related: (a) Antenna, Personal Wireless Service. A device consisting of a metal, carbon fiber, or other electromagnetically conducive rods or elements, usually arranged in a circular array on a single supporting pole or other structure, and used for the transmission and reception of wireless communication radio waves including cellular, personal communication service (PCS), enhanced specialized mobilized radio (ESMR), paging and similar services and including the support structure thereof. . (b) Antenna, Public Utility Microwave. A parabolic dish or cornucopia shaped electromagnetically reflective or conductive element used for the transmission and/or reception of point to point UHF or VHF radio waves in wireless telephone communications, and including the supporting structure thereof. (c) Antenna, Radio and Television, Broadcast Transmitting. A wire, set of wires, metal or carbon fiber rod or other electromagnetic element used to transmit public or commercial broadcast radio, or television programming, and including the support structure thereof. (d) Antenna, Radio and Television Receiving. A wire, set of wires, metal or carbon fiber element(s), other than satellite dish antennas, used to receive radio, television, or electromagnetic waves, and including the supporting structure thereof. (e) Antenna, Satellite Dish. A device incorporating a reflective surface that is solid, open mesh, or bar configured and is in the shape of a shallow dish, cone, horn, or cornucopia. Such device is used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based uses. This definition shall include, but not be limited to, what are commonly referred to as satellite earth stations, TVROs (television, receive only) and satellite microwave antennas and support structure thereof. (f) Antenna, Short -Wave Radio Transmitting and Receiving. A wire, set of wires or a device, consisting of a metal, carbon fiber, or other electromagnetically conductive element used for the transmission and reception of radio waves used for short -wave radio communications, and including the supporting structure thereof. (g) Antenna Support Structure. Any pole, telescoping mast, tower, tripod, or any other structure which supports a device used in the transmitting or receiving of radio frequency energy. - (h) Tower, Temporary Mobile. Any mobile tower, pole, or structure located on a trailer, vehicle or temporary platform intended primarily for the purpose of _ mounting an antenna or similar apparatus for personal wireless services, which is commonly referred to as Cellular on Wheels (COW). (i) Tower. Any ground mounted pole, spire, structure, or combination thereof, including supporting lines, cables, wires, braces, masts, intended primarily for the purpose of mounting an antenna or similar apparatus above grade. (60) Essential Services. The erection, construction, alteration or maintenance by public utilities or municipal departments of underground or overhead telephone, gas, electrical, communication, -water or sewer transmission, distribution, collection, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith for the furnishing of adequate service by such private or public utilities or municipal departments. Transmission/reception support structures and antennas shall not be considered an essential service. (150.1) Secondary Use: A use of land or of a building or a portion thereof which is subordinate to and does not constitute the primary use of the land or building. 14 (167.1) ' Structure, Public. An edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner which is owned or rented, and operated by a federal, state, or local government agency. Section 3. Section 1100.3 (b) of the Albertville Zoning Ordinance (height exceptions) is hereby added to read as follows: (14) Antennas and antenna support structures as regulated by Section 1226 of this Ordinance. Section 4. Section 2500 of the Albertville Zoning Ordinance (communication reception/transmission devices) is hereby amended to read as follows: COMMUNICATION RECEPTION/TRANSMISSION DEVICES Section 2500.1 Purpose 2500.2 General Standards 2500.3 Accessory and Secondary Use Antennas 2500.4 Personal Wireless Service Antennas 2500.5 Satellite Dishes 2500.6 Commercial and Public Radio and Television Transmitting Antennas, and Public Utility Microwave Antennas 2500.1 Purpose The purpose of this section is to establish predicable, balanced regulations for the siting and screening of wireless communications equipment in order to accommodate the growth of wireless communicating systems within the City of Albertville Mile protecting the public against any adverse impacts on the City's aesthetic resources and the public welfare. 2500.2 General Standards. The following standards shall apply to all personal wireless service, public utility, microwave, radio and television broadcast transmitting, radio and television receiving, satellite dish and short -wave radio transmitting and receiving antenna. (a) All obsolete and unused antenna shall be removed within twelve (12) months of cessation of operation at the site, unless an exemption is granted by the City Council. The removal shall be the joint responsibility of the tower owner or communication provider and land owner. 3 (b) All antenna shall be in compliance with all City building and electrical code requirements and as applicable shall require related permits. (c) Structural design, mounting and installation of the antenna shall be in compliance with manufacturer's specifications and shall be verified and approved by a registered professional engineer. (d) Unless the antenna/antenna support structure and land is under the same ownership, written authorization for antenna erection shall be provided by the property owner. (e) No advertising message shall be affixed to the antenna structure. (f) Antennas shall not be artificially illuminated unless required by law or by a governmental agency to protect the public's health and safety. (g) When applicable, proposals to erect new antenna shall be accompanied by any required federal, state, or local agency licenses. (h) If a new antenna support structure is to be constructed, it shall be designed structurally, electrically, and in all respects, to accommodate both the applicant's antennas and comparable antennas for at least one additional user, including but not limited to other personal wireless service companies, local police, fire and ambulance companies. The antenna support structure must be designed to allow _ for future rearrangement of antennas upon it and to accept antennas mounted at varying levels. (i) Antenna support structures under two hundred (200) feet in height shall be painted a non -contrasting color consistent with the surrounding area such as: blue, gray, brown or silver, or have a galvanized finish to reduce visual impact, unless otherwise allowed by federal law. 0) Except as may be applicable in cases where a conditional use permit is required, antennas and support structures for federally licensed amateur radio stations and used in the amateur radio service are exempt from sub -paragraphs C, F, and I above, and must comply with Subd. L. below. (k) Amateur radio support structures (towers) shall be installed in accordance with the instructions furnished by the manufacturer of that tower model. Because of the experimental nature of the amateur radio service, antennas mounted on such a tower may be modified or changed at any time so long as the published allowable load on the tower is not exceeded and the structure of the tower remains in accordance with the manufacturers specifications. 4 2500.3 ' Accessory and Secondary Use Antennas. The following standards shall apply. to all accessory and secondary use antennas including radio and television receiving antennas, satellite dishes, TVROs two (2) meters or less in diameter, short -wave radio dispatching antennas, or those necessary for the operation of electronic equipment including radio receivers, federally licensed amateur radio stations and television receivers. (a) Accessory and secondary use antennas shall be allowed as permitted accessory uses in all zoning districts. The installation of more than one (1) support structure per property shall require the approval of a conditional use permit. (b) Accessory or secondary use antennas shall not be erected in any required yard (except a rear yard) or within public or private utility and drainage easements, and shall be set back a minimum of ten (10) feet from all lot lines. (c) *Guy wires or guy wire anchors shall not be erected within public or private utility and drainage easements, and shall be set back a minimum of five (5) feet from all lot lines. (d) Accessory or secondary use antennas and necessary support structures, monopoles or towers (either ground or structure mounted)-maysnot exceed the height limitation of the zoning district in which they are located, except support structures and antennas used in the amateur radio service may extend a maximum of seventy (70) feet above grade, as defined in this Ordinance, in any zoning district. 2500.4. Personal Wireless Service antennas. Personal wireless service antennas shall be allowed in all Commercial, Industrial and Public/Institutional Districts of the City subject to the following standards as may be applicable: (a) Antennas Located Upon A Public Structure. Personal wireless service located upon a public structure shall be processed in accordance with the provisions of Section 1500 of this Ordinance (site/building plan review) and comply with the following standard. (1) Consideration shall be given to the location of existing as well as planned public structures (ie: Joint Powers water towers) to take advantage of co -location opportunities and avoid potential interference problems. (2) Transmitting, receiving and switching equipment shall be housed within an existing structure whenever possible. If a new equipment building is necessary for transmitting, receiving and switching equipment, it shall be 5 situated in the rear yard of the principal use and shall be screened from view by landscaping where appropriate. Where receiving and switching equipment does not require an equipment building for protection from the elements, it may be housed at the base of the antenna provided it is screened from view by fencing or other man-made materials (in the case of an antenna located upon a structure) or landscaping (in the case of ground mounted antenna). (b) Antennas Not Located Upon A Public Structure. Personal wireless service antennas not located upon a public structure shall require the processing of a conditional use permit and shall comply with the following standards: (1) A proposal for a new commercial wireless telecommunication service tower shall not be approved unless it can be demonstrated that the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building within a one (1) mile search radius (one-half ('/2) mile search radius for towers under 120 feet in height and or one -quarter (1/4) mile search radius for towers under 80 feet in height) of the proposed tower due to one or more of the following reasons: a. - The planned equipment would exceed the structural capacity of the existing or approved tower or building, as documented by a qualified and licensed professional engineer, and the existing or approved tower cannot be reinforced, modified or replaced to accommodate planned or equivalent equipment at a reasonable cost. b. The planned equipment would cause interference, materially impacting the usability of other existing or planned equipment at the tower or building as documented by a qualified radio frequency engineer and the interference cannot be prevented at a reasonable cost. C. Existing or approved towers and buildings within the search radius cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified engineer. d. In spite of its best efforts, within 60 days, the applicant was unable to obtain approval to co -locate on an existing or approved tower or building. The applicants efforts must be documented in writing, including who was contacted and their written denial of the request. C. e. Other reasons that make it impractical to locate the planned telecommunications equipment upon an existing or approved tower or building. (2) The applicant shall provide a scale map of the city and surrounding locality which shows the coverage area of the proposed antenna. (3) The antennas shall be located on an existing structure, if possible, and shall not extend more than fifteen (15) feet above the structural height of the structure to which they are attached. (4) If no existing structure which meets the height requirements for the antennas is available for mounting purposes, the antennas may be mounted on a single ground mounted pole provided that: a. The pole not exceed one hundred (100) feet in height, unless it can be demonstrated that the extra height is necessary to optimize coverage, allow greater siting flexibility/co-location opportunities or to eliminate the need for multiple (shorter) towers. b. The setback of the pole from the nearest residential structure is not less than the height of the antenna. Exceptions to such setback may be granted if a registered structural engineer specifies in writing that any collapse of the pole will occur within a lesser distance under_ all foreseeable circumstances. (5) Transmitting, receiving and switching equipment shall be housed within an existing structure whenever possible. If a new equipment building is necessary for transmitting, receiving and switching equipment, it shall be situated in the rear yard of the principal use and shall be screened from view by landscaping where appropriate. Where receiving and switching equipment does not require an equipment building for protection from the elements, it may be housed at the base of the antenna provided it is screened from view by fencing or other man-made materials (in the case of an antenna located upon a structure) or landscaping (in the case of ground mounted antenna). (6) Unless the antenna is mounted on an existing structure, a security fence not greater than eight (8) feet in height with a maximum opacity of fifty (50) percent shall be provided around the support structure. 7 (7) The conditional use permit provisions of Section 400 of this Ordinance are considered and determined to be satisfied. (c) Temporary Mobile Towers. Personal wireless service antennas located upon a temporary mobile tower used on an interim basis until a permanent site is located and permanent tower is constructed shall require review and approval by the City Administrator and shall comply with the following standards: (1) Temporary mobile towers are exempt from co -location and permanent tower structure design standards contained in Section 2500.2(h) and (i) and Section 2500.4(b)(1). (2) The termination date of the permit shall not exceed one hundred and twenty (120) days. Temporary mobile towers located on a site longer than one hundred twenty (120) days. shall require approval of the City Administrator. (3) Guyed towers are prohibited. (4) Mobile units shall have a minimum tower design windload of eighty (80) mile -per -hour, or be setback from all structures a distance equal to the height of the tower. (5) All towers shall be protected against unauthorized climbing. (6) The height of the tower shall not exceed ninety (90) feet. (a) Residential District Standards. Single satellite dish TVROs greater than one (1) meter in diameter located within any Residential zoning district of the City shall require the processing of a conditional use permit and shall comply with the following standards: (1) All accessory and secondary use provisions of Section 2500.3 of this Ordinance are satisfactorily met. (2) The lot on which the satellite dish antenna is located shall be of sufficient size to assure that an obstruction -free receive window can be maintained within the limits of the property ownership. (3) Except where the antenna is screened by a structure exceeding the antenna height, landscape buffering and screening shall be maintained on 0 all sides of the satellite dish antenna in a manner in which growth of the landscape elements will not interfere with the receive window. (4) The satellite dish antenna is not greater than three (3) meters in diameter. (5) The conditional use permit provisions of Section 400 of this Ordinance are considered and determined to be satisfied. (b) Commercial. Industrial. and Public/institutional District Standards. Commercial, private and public satellite dish transmitting or receiving antennas in excess of two (2) meters located within any Commercial, Industrial, or Public/ Institutional zoning district of the City shall require the processing of a conditional use permit and shall comply with the following standards: (1) All accessory and secondary use provisions of Section 1226.03-of this Ordinance are satisfactorily met. (2) The lot on which the satellite dish antenna is located shall be of sufficient size to assure that an obstruction free transmit -receive window or windows can be maintained within the limits of the property ownership. - - (3) Except where the antenna is screened by a structure exceeding the - antenna height, landscape buffering and screening shall be maintained on all sides of the satellite dish antenna in a manner in which growth of the landscape elements will not interfere with the receive window. (4) The conditional use permit provisions of Section 400 of this Ordinance are considered and determined to be satisfied. 2500.6. Commercial and Public Radio and Television Transmitting Antennas. and Public Utility Microwave Antennas. Commercial and public radio and television transmitting and public utility microwave antennas shall comply with the following standards: (a) Such antenna shall be considered an allowed conditional use within the INS, Institutional District of the City and shall be subject to the regulations and requirements of Section 400 of this Ordinance. (b) The antennas, transmitting towers, or array of towers shall be located on a continuous parcel having a dimension equal to the height of the antenna, E transmitting tower, or array of towers measured between the base of the antenna or tower located nearest a property line and said property line, unless a qualified structural engineer specifies in writing that the collapse of any antenna or tower will occur within a lesser distance under all foreseeable circumstances. (c) Unless the antenna is mounted on an existing structure, a fence not greater than eight (8) feet in height with a maximum opacity of fifty (50) percent shall be provided around the support structure and other equipment. (d) Antennas regulated under this section shall not interfere with neighboring property communication/reception transmission devices of any kind. Section 5. Section 3250.3 of the Albertville Zoning Ordinance (R-1A District Accessory Uses) is hereby amended to add the following: (b) Radio and television receiving antennas including single satellite dish TVROs two (2) meters or less in diameter, short -wave radio dispatching antennas, or those necessary for the operation of household electronic equipment including radio receivers, federal licensed amateur radio stations and television receivers, as regulated by Section 2500 of this Ordinance. Section 6. Section 3250.4 of the Albertville Zoning Ordinance (R-1A District _ Conditional Uses) is hereby amended to add the following: (b) Single satellite dish TVROs greater than one (1) meter in diameter as regulated by Section 2500 of this Ordinance. Section 7. Section 4200.2 of the Albertville Zoning Ordinance (B-1 District Permitted Uses) is hereby amended to add the following: (e) Personal wireless service towers and antennas if located upon a public structure, including necessary equipment buildings, as regulated by Section 2500 of this Ordinance. Section 8. Section 4200.3 of the Albertville Zoning Ordinance (B-1 District Accessory Uses) is hereby amended to add the following: (c) Radio and television receiving antennas including single satellite dish TVROs two (2) meters or less in diameter, short -wave radio dispatching antennas, 10 or those necessary for the operation of electronic equipment including radio receivers, federal licensed amateur radio stations and television receivers, as regulated by Section 2500 of this Ordinance. Section 9. Section 4200.4 of the Albertville Zoning Ordinance (B-1 District Conditional Uses) is hereby amended to add the following: (c) Personal wireless service towers and antennas not located on a public structure, as regulated by Section 2500 of this Ordinance. (d) Commercial and public radio and television transmitting antennas, and public utility microwave antennas, as. regulated by Section 2500 of this Ordinance. (e) Commercial, private and public satellite dish transmitting or receiving antennas in excess of two (2) meters in diameter, as regulated by Section 2500 of this Ordinance. Section 10. Section 4600.2 of the Albertville Zoning Ordinance (1-1 District Permitted Uses) is hereby amended to add the following: - (e) Personal wireless service towers and antennas if located upon a public structure, including necessary equipment buildings, as regulated by Section 2500 of this Ordinance. Section 11. Section 4600.3 of the Albertville Zoning Ordinance (1-1 District Accessory Uses) is hereby amended to add the following: (c) Radio and television receiving antennas including single satellite dish TVROs two (2) meters or less in diameter, short -wave radio dispatching antennas, or those necessary for the operation of electronic equipment including radio receivers, federal licensed amateur radio stations and television receivers, as regulated by Section 2500 of this Ordinance. - Section 12. Section 4600.4 of the Albertville Zoning Ordinance (1-1 District Conditional Uses) is hereby amended to add the following: (c) Personal wireless service towers and antennas not located on a public structure, as regulated by Section 2500 of this Ordinance. 11 (d) Commercial and public radio and television transmitting antennas, and public utility microwave antennas, as regulated by Section 2500 of this Ordinance. (e) Commercial, private and public satellite dish transmitting or receiving antennas in excess of two (2) meters in diameter, as regulated by Section 2500 of this Ordinance. Section 13. Section 4850.2 of the Albertville Zoning Ordinance (P/I District Permitted Uses) is hereby amended to add the following: (1) Personal wireless service towers and antennas if located upon a public structure, including necessary equipment buildings, as regulated by Section 2500 of this Ordinance. Section 14. Section 4850.3 of the Albertville Zoning Ordinance (P/I District Accessory Uses) is hereby amended to add the following: (f) Radio and television receiving antennas including single satellite dish TVROs two (2) meters or less in diameter, short -wave radio dispatching antennas, - or those necessary for the operation of electronic equipment including radio receivers, federal licensed amateur radio stations and television receivers, as regulated by Section 2500 of this Ordinance. _ Section 15. Section 4850.4 of the Albertville Zoning Ordinance (P/I District Conditional Uses) is hereby amended to add the following: (o) Personal wireless service towers and antennas not located on a public structure, as regulated by Section 2500 of this Ordinance. (p) Commercial and public radio and television transmitting antennas, and public utility microwave antennas, as regulated by Section 2500 of this Ordinance. (q) Commercial, private and public satellite dish transmitting or receiving antennas in excess of two (2) meters in diameter, as regulated by Section 2500 of this Ordinance. 12 Section 16. This Ordinance shall become effective immediately upon its passage and publication according to law. ADOPTED by the ALBERTVILLE City Council this day of 1997. ATTEST: By: Linda Houghton, City Clerk CITY OF ALBERTVILLE By: Mark Olsen, Mayor 13 ORDINANCE NO. 9,7-3 CITY OF ALBERTVILLE WRIGHT COUNTY, MINNESOTA AN ORDINANCE AMENDING SECTIONS A-500 AND A-600 OF THE ALBERTVILLE SUBDIVISION ORDINANCE REGARDING SKETCH PLAN AND PRELIMINARY PLAT REQUIREMENTS AND ESTABLISHING A SECONDARY STREET ACCESS REQUIREMENT FOR RESIDENTIAL SUBDIVISIONS. THE CITY COUNCIL OF THE CITY OF ALBERTVILLE ORDAINS: Section 1. Section A-500.1 of the Albertville Subdivision Ordinance (Sketch Plan Requirements) is hereby amended to add the following: (d) Street layout on and adjacent to plat. Where the subdivider owns property adjacent to that which is being proposed for the subdivision or where adjacent lands will be impacted by the proposed subdivision, it shall be required that the subdivider submit a sketch plan for the adjacent property so as to show the possible relationships between the proposed subdivision and future existing or potential adjacent subdivisions and land uses. Section 2. Section A-500.2 (e) of the Albertville Subdivision Ordinance (Preliminary Plat Requirements) is hereby amended to add the following: (e) Platting Adjoining Lands. A preliminary plat shall contain the entire tax parcel to be platted plus all of the owner's contiguous lands unless such lands are subject to a Planned Unit Development or the City Planner and City Engineer agree to waive such requirement. The final plat, may cover only a portion of the preliminary plat, provided it is in conformance with the approved preliminary plat, development contract, and other requirements herein. Section 3. Section A-500.2 (f) of the Albertville Subdivision Ordinance (Supplementary Information) is hereby amended to delete the following: ;. :: -1111IN-11111 ;I W1 awl 0191.1�1 : ::: ; ; ; Section 4. Section A-600.5(f) of the Albertville Subdivision Ordinance (Streets) is hereby amended to add the following: (f) A residential plat within which single or multiple roadways are to be continued in the future as subsequent development phases are implemented shall not create dead-end access situations limited by a single location for ingress and egress to major collector or arterial roadways. (1) No more than 25 units on local streets and no more than 50 units on minor collector streets may be developed within a single plat without providing a second street access into/out of the subdivision. The developer shall be limited by the issuance of building permits as regulated by the City Building Inspector. (2) Upon issuance of the 25th building permit within a plat, the developer shall be required to construct a secondary access street. No other building permits will be issued within current or future phases of the plat until the secondary access road is in place. The limitation on building permits shall not prevent the developer or land owner from planning or platting land unrelated to the affected plat and located in other portions of the City. (3) Under this provision, all streets to provide either the primary or secondary access shall be constructed to city standards and paved with asphalt. The required secondary access street shall coincide with the approved plan for permanent street location. (4) In no case shall an abutting land owner be allowed to plat new residential lots adjacent to a plat whereby the addition of lots would increase the number of units located on a dead-end street or intensify the negetative effects upon adjoining, established neighborhoods. Adjacent development by adjoining land owners shall be permitted if the plat provides for the second access required herein. (5) Without the provision of adequate vehicular access, the remaining portions or phases of the subdivision may be deemed premature according to Section A-400 of this Chapter. Section 5. This Ordinance shall become effective immediately upon its passage and publication according to law. ADOPTED by the ALBERTVILLE City Council this day of , 1997. ATTEST: 0 Linda Houghton, City Clerk CITY OF ALBERTVILLE By: Mark Olsen, Mayor E APR-09-1997 13:10 NAC 612 595 9 NORTHWEST ASSOCIATED CONSULTAN 5 INC WM01111110 COMMUNITY PLANNING - DESIGN - MARKET RESEARCH MEMORANDUM TO: Albertville Mayor and City Council FROM: Elizabeth Stockman DATE: 9 April 1997 RE: Albertville - Proposed Snowmobile Ordinance FILE: 163.05 Prior to your decision on the proposed ordinance regulating the operation of snowmobiles and other recreational vehicles on city streets, please give some thought to how this will affect the Albertville and Wright County Snowmobile Associations as well as the Park and Trail Plan. Currently, the snowmobile assooiations in cooperation with the DNR, Wright County and business owners have a color map available to the public which shows the location of over 225 miles -of trails in Wright County, about 5-6 of which are located in Albertville. The designated trails are along the southern ditch of CSAH 37, extending to the west then south through the Kolles and PiloWenco properties. To the east the CSAH 37 trail leads through the industrial park via Barthel Drive right-of-way and south through private industrial properties, extending across 50th Street into St. Michael. A third leg from CSAH 37 progresses east and north across the 1-94 bridge and follows Maciver Avenue into Otsego. Over the next several years, these areas will be impacted by urban development. As part of the Park and Trail Plan, we have scheduled a meeting on 29 April to discuss ways in which we can maintain and coordinate snowmobile trails with the planned pedestrian/bicycle system. The snowmobile associations seem very willing to work to address the City's concerns and avoid conflicts with urban development. This may include re-routing trails, providing better signage to keep users on the trails, among other things. Businesses in the City have donated money in support of the snowmobile associations and advertise on the map to promote patronization of their facilities and services (152 Club, Albertville Bar, Pat's 66, Don's Auto Service, Hack's Liquor/Gas, KD's Restaurant). Thus, prohibiting snowmobiles on City streets may be in opposition to the intent of the map which requires Main Street (CSAH 35) and CSAH 19 usage to access these businesses. Are these roads exempt from the ordinance because they're under county jurisdiction? Is there another way to limit the use of snowmobiles in these areas without abolishing them? Pc- Gary Hale, Mike Couri, Pete Carlson 5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 55416 PHONE 612-595-9636 FAX 612-595-9837 E-MAIL NAC(9)WINTERNET,COM CITY OF ALBERTVILLE COWTY OF WRIGHT STATE OF MIBRESOTA ORDIZVJKZ #1997-4 The City of Albertville does ordain: Section 1. Purpose and Intent It is the purpose of this ordinance to supplement Minnesota Statutes, sections 84.81 through 84.88 and Chapter 169, with respect to operation of snowmobiles and sections 84.787 through 84.805 and sections 84.92 through 84.929 with respect to recreational motor vehicles. Section 2. Definitions. For the purposes of this ordinance the terms defined herein shall have the following meanings ascribed: OPERATE: To ride in or on and control the operation of ar- snowmobile or recreational motor vehicle. OPERATOR: Every person who operates or is in actual physical control of a snowmobile or recreational motor vehicle. OWNER: A person, other than a lien holder having the property in or title to a snowmobile or recreational motor vehicle. PERSON: Includes an individual, partnership, corporation, the State and its agencies and subdivisions, and any body of persons, whether incorporated or not. RECREATIONAL Trail bikes, amphibious vehicles and similar devices MOTOR other than snowmobiles, used at least partially for VEHICLE: travel on natural terrain, but not "special mobile equipment" as defined in M.S.A. 168.011, Subdivision 22, which is hereby incorporated herein by reference. Also including any self-propelled vehicle and any vehicle propelled or drawn by a self-propelled vehicle used for recreational purposes, including but not limited to a motorized bicycle, all -terrain vehicle, hovercraft or motor vehicle licensed for highway operation which is being used for off -road recreational purposes. This definition includes "Off -Highway Motorcycles" as defined in M.S.84.797, and "Al1 Terrain Vehicles" as defined in M.S. 84.92. RIGHT OF WAY: The entire strip of land traversed by a highway or street in which the public owns the fee or an easement for roadway purposes. ROADWAY: That portion of a highway, improved, designed or ordinarily used for roadway purposes. SNOWMOBILE: A self-propelled vehicles designed for travel on snow or ice steered by skis or runners. STREET: A public thoroughfare, roadway, alley or trail used for motor vehicular ttaffic which is not an interstate, trunk, County State Aid road or County highway. Section 3. Snowmobiles Operation Restrictions. The following operating restrictions shall apply: A. Stop, Yield Intersections: No snowmobile shall enter any intersection without making a complete stop. The operator shall then yield the right of way to any vehicles or pedestrians at the intersection, or so close to the_.. intersection as to constitute an immediate hazard. B. Minors: No person under fourteen (14) years of age shall operate on streets or make a direct crossing of a City street as the operator of a snowmobile. A person fourteen (14) years of age or older, but less than eighteen (18) years of age, may operate a snowmobile on streets as permitted under this chapter and make a direct crossing of such streets only if he has in his immediate possession a valid snowmobile safety certificate issued by the Commissioner of Conservation as provided by Minnesota Statutes, section 84.82. Section 4. Snowmobile Required Eg_uipment_. Snowmobiles shall have the following required equipment. A. Brakes adequate to control the movement of and to stop and hold the snowmobile. B. Standard mufflers which are properly attached and in constant operation, and which reduce the noise of operation of the motor to the minimum necessary for operation. No person shall use a muffler .cut-out, by-pass, straight pipe or similar device on a snowmobile, and the exhaust system shall not emit or produce a sharp popping or crackling sound. Section 5. Snowmobile Operation on Streets and Highways_ No person shall operate a snowmobile upon the roadway, shoulder or inside bank (farthest from the road, closest to the house) or slope of any trunk, County State Aid or County highway, or on the right of way between any opposing lanes of traffic; except as provided in this section. No snowmobile shall be operated at any time within the right of way of any interstate highway or freeway. A. Operation of snowmobiles on streets in the City of Albertville is permitted only in a direct route to/from a designated snowmobile trail. B. No person shall operate a snowmobile on the portion of any right of way of any street, .except single file, on the most right-hand lane when' available for traffic or as close as practical to the right-hand curb or edge of the roadway, except when passing another vehicle stopped in that lane. C. No person shall operate a snowmobile on the private property of another without lawful authority or consent of the owner. D. No person shall operate a snowmobile on streets or roadways at a speed in excess of 20 miles per hour. E. No person shall operate a snowmobile on public sidewalks, pedestrian paths, or paved walkways within the City. F. No person shall operate a snowmobile within the City of Albertville during the hours from 11:00 PM to 7:00 AM Sunday through Thursday and from 1:00 AM and 7:00 AM Friday and Saturday. Section 6. Prohibited Areas of Operation. It shall be illegal to operate a snowmobile or recreational motor vehicle within the boundaries of a city designated park unless on a designated and marked snowmobile trail. Section 7. Recreational Motor Vehicles. The following lists the prohibited conditions and operations of recreational motor vehicles within the City of Albertville. A. All Minnesota safety and required equipment laws apply. B. All Minnesota state laws regarding prohibited conditions and operations apply. Section 8. Penalty. Every person convicted of a violation of any of the provisions of this ordinance shall be subject to the fines and penalties provided by state statute for a misdemeanor, as amended, plus costs of prosecution. Section 9. Effective Date. This ordinance becomes effective upon publication. ADOPTED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE THIS 15TH DAY OF APRIL, 1997. Mark S. Olsen, Mayor ATTEST: Linda Houghton, City Clerk Published in the Crow River News on Monday, April 21, 1997. ki #44 CITY OF ALBERTVILLE RESOLUTIOM NO. 1997-28 APPOINTMENT OF PEREOI�II�EL WHEREAS, the City Council is desirous of appointing Maintenance Workers I, Full Time and Part -Time Temporary, effective to January 1, 1997, and thereafter, and; WHEREAS, the City Council is interested in determining that the positions is in accordance with Minnesota Statutes and City of Albertville Personnel Policies. NOW, THEREFORE, BE IT RESOLVED that the City Council of Albertville, Wright County, Minnesota, hereby appoints the following individuals to the position of Maintenance Worker I: NAME PAY RANGE STEP w C C/ Y►^ M S 't 7 �g 2 C y'0_ A2UtJ1D� Al- 2 C BE IT FURTHER RESOLVED that the City Council of Albertville further authorizes the individuals appointed to the position of Maintenance Worker I who serve in the capacity of snow plowing will be compensated at Pay Range 2 Step G unless otherwise specified in this resolution. PASSED BY THE CITY COUNCIL THIS 15th DAY OF APRIL, 1997. Mark S. Olsen, Mayor Attest:. Linda Houghton, City C er #1 April 9, 1997 TO: City Council FROM: G.L. Hale, City Administrator and P. Carlson, City Enginee SUBJ Regional Transportation Plan As a follow up to the previous council discussion, we have had an opportunity to speak with City of St. Michael .staff and elected council person(s). There is interest ,on working up and area/regional transportation plan. It was suggested that staff (city engineers and others) meet to share each city's plans with the idea of combining .them into one regional map/plan. From this meeting(s) bring the "draft" results forward for formal council deliberations. Our ultimate goal would be to have one combined "Regional Plan" -- that is adopted by joint resolutions with results being forwarded to Wright County and the State of Minnesota - Department of Transportation. The end results could be used as a tool to facilitate th-e acquistions of joint project funding and possible legislation for monies that serve the regional area. 04/04/97 14:13 FAX 13202518700 SEH ST. CLOUD +-o-• ALBERTVILLE C �,;,, =SEN MEMORANDUM O Sr PAUL. UN O U NYWOUA W ■ sr.. cLow, MN O c)4wEWA AAus. wl a uwism. m O LAKE COUNTY. W TO: Planning and Zoning Commission City Council Albertville, Minnesota FROM: Peter J. Carlson, P.E., City Engineer Garrison L. Hale, City Administrator DATE: April 4, 1997 RE: Local Street Width Albertville, Minnesota SEH No. A-ALBEV9701.00 There has been much discussion at staff level regarding whether the width of local streets should be 36 feet or 32 feet. The following items are offered in support for a 32 foot local street width: 1. A 32-foot width does allow for two vehicles to pass each other when a car is parked on one side of the street. Widening the street to 36 feet will not allow for the two vehicles to pass each other when cars are parked on both sides of the streets. 2. It is the City's Maintenance Departments policy to plow the streets curb to curb. The winter of 196-'97 has been an exceptionally difficult year to plow snow and follow this policy. Therefore, how the snow plowing policy was carried out this year should not influence the street width discussion. 3. A 32-foot width provides more right-of-way for snow storage. 4. A 32-foot street width helps reduce development costs, thereby helping to reduce the increased costs associated with the 100-foot width required of lots in the R 1 A zone. The 32-foot width will also reduce maintenance and repair costs the City will incurr in the future. 5. MnDOT State Aid standards for street width are as follows: a. 26-foot width with no parking on either side of the street. b. 32-foot width with parking allowed on one side of the street. c. 38-foot width with parking allowed on both sides of the street. Y An,�ginrawrAaiar. nAPo�wlty �►p/oyrr 04/04/97 14:10 FAX 13202318700 SES ST. CLOUD +�+ ALBERTVILLE CITY . , , �003/003 Planning and Zoning Commission April 4,1997 Page 2 6. A single-family residential lot typically provides at least a two -car garage and enough driveway length to fulfill the majority of the parking needs for the family living in that particular home. Therefore on -street parking is not a concern except during special occasions. Widening the street to accomodate these special occasions is not cost effective. 7. Safety is a concern of everyone. Having a wider street does allow for cars to pass each other with greater comfort, but this does not necessarily translate into increased safety. If that were the case than where do we stop with our street widths? In our experience a 32-foot width for a local street is very common. In fact, a number of cities are even using a 28-foot wide road for their local streets. We encourage the Planning Commission and City Council to consider the information presented and look favorable on the recomendations as presented by the City staff. c: Mike Couri, City Attorney Liz Stockman, City Planner Linda Houghton, City Clerk An 40-w vrAwim, 4W0p X~A1y&Vlo yr 04/08/97 09:01 FAX 13202318780 SEH ST. CLOUD ALBERTVILLE CITY IM002/002 • �� MEMORANDUM O Sr.. PAUL. INN 0 NNNEAPOLI$ MN ■ Sr CLOUD. UN O CHIPPEWA FALLS W/ 0 AUDISON. WI 0 LAKE COUNTY, IN TO: Garrison Hale City Administrator Albertville, Minnesota FROM: Peter J. Carlson, P.E. City Engineer DATE: April 8, 1997 RE: Road Restrictions Albertville, Minnesota SEH No. A-ALBEV9701.00 The City has established a 4-ton weight restriction on city streets from approximately March 1 to May 15 of each year. These dates can be adjusted depending on weather conditions. Limited exceptions can also be made during this time frame, if warranted be weather conditions. My recommendations for permitted exceptions are as follows: 1. Maximum allowable load of 7-tons per axle 2. Temperatures from the previous night were below 20degrees 3. Temperatures during the day not to exceed 35 degrees 4. Deliveries are made prior to 10:00a.m. These exceptions can be made if the number of trips are limited. Since these exceptions would be permitted, if it appears these exceptions are being abused, than the City can stop issuing the permits. c:Linda Houghton, City Clerk Q-XW 1►UWA U0MW CMT.WM Anow hvAction, Riqudopp rhwly sopidwr . 10A/08107 09:00 FAX 13202518700 SEH ST. CLOUD +-•-• ALBERTV I LLE CITY Q001/002 • =.SEN MEMORANDUM 0 ST. PAUL. AW O MMEAFOL14 Aft ■ ST. CLOUD. UN O CHIPPEWA FALLS, Wl 0 MADISON. WJ 0 LAKE COUNTY, IN TO: Albertville City Council FROM: Peter L Carlson, P.E. City Engineer DATE: April 8, 1997 RE: County Ditch No. 9 Drainage Albertville, Minnesota SEH No.A-ALBEV9701.00 On Monday, April 7,1997 a meeting was held with representatives of the Cities of Albertville and St. Michael, Wright Soil and Water Conservation District and Wright County to discuss the drainage to County Ditch No.9. The issue discussed was flooding along the ditch, erosion of the ditch banks, and how development in each city is contributing to these problems. At this point there is no good mechanism in place to contol drainage to the ditch or to make improvements to the ditch. At our meeting we discussed setting up a watershed district to establish drainage criteria to the ditch. If the Council agrees with this concept, it will take some time to set-up the district. In the mean time there will still be development occuring along the ditch. Therefore,at our meeting we suggested restricting the drainage from new developments to half of the predevelopment runoff. At the April 15,1997 meeting I would like to discuss this issue and have a consensus on what direction you would like us to proceed. c:Linda Houghton, City Clerk Liz Stockman, City Planner Mike Couri, City Attorney c: WNSRSTARLSOMOMILWD An9n�wl/w AcNt�, 1W March 12, 1997 Mr. Garrison Hale Administrator, City of Albertville 5975 Main Ave. NE Albertville, MN 55301 Dear Garrison: 4W k Northern States Power Company P.O. Box 808 St. Cloud, MN 56302 Telephone (320) 255-8642 NSP wishes to offer the best customer service possible and part of that service is accurate, timely meter readings. A NSP meter reader has brought to my attention that the City has a facility located at 6451 Maciver Ave. NE with a condition that makes our service goal a challenge. The location of the meter on the facility causes it to be covered with ice during the winter months. This condition makes resetting the demand portion of the meter extremely difficult if not impossible. Without being able to reset the demand portion of the meter NSP is forced to do estimation and prorating of the demand component of your bill. Inaccurate information is not helpful to you the customer or NSP. For your benefit we recommend that a shield or cover be placed above the meter location in order to alleviate the problem and help insure accurate billing. If you have any questions on this matter please feel free to call me at (320)255-8642. Sincerely, jar di mn Lahr omunity Service Manager Business Records Corporation Government Services Division 2901 Third Street South March 20, 1997 P.O. Box 548 Waite Park, MN 56387-0548 Tel. 320.253.2170 Linda Houghton City of Albertville 59750 Main Avenue NE PO Box 9 Albertville, MN 55301 Dear Linda: According to our records the warranty on your Optech III-P Eagle and your Election Support Agreement expired on December 31, 1996. I have enclosed a copy of the two year Hardware Maintenance Agreement and the Election Support Agreement that I sent to you on December 16, 1996. Pricing is $520 per unit for the two year HMA and $400 for the ESA. The term of the contracts is from January 1, 1997, through December 31, 1998. Please sign the enclosed agreements and return to me by Friday, April 11, 1997, in the postage paid envelope provided. If you should decide not to take the maintenance on your equipment, please fill out the Maintenance Decline form which indicates the charge for time and materials. Thank you, Linda. If you have any questions concerning this agreement, please contact me at 1-800-800-8235. Sincerely, Dale Stang Controller's Office BUSINESS RECORDS CORPORATION P.O. Box 1064 St. Cloud, MN 66302 (612) 253.2170 HARDWARE MAINTENANCE AGREEMENT for Optical Scan Equipment THIS HARDWARE MAINTENANCE AGREEMENT (the'Agreement' is made and entered into this 16th dayof D ember 199. by and between Business Records Corporation. a Delaware corporation. having a principal place of business at 1111 W. Mockingbird lane. Suite 1400. Dallas, Texas 75247 ('BRC) and Cite of Albertville. Minnesota_ a govemmeritentity having a principal place of business at 5975 Main AVE INE FOB 9 Alberrytrfc IN 55301 ('Customer). In consideration of the mutual cov- snants herein contained. the parties hereby agree as follows: This Agreement shall become effective with regard to the computer equipment, hardware, peripheral equipment and other products described in Exhibit A attached hereto (the 'Products') an shmua= 1. 7 947 (the'Commence- ment Date). and shall continue bi-annually from the Commencement Date, or this Agreement may be terminated by the parties as kftws: (1) immediately upon delivery of written notice by BRC of its intent to terminate, if Customer shall assign, delegate or otherwise transfer this Agreement or any of its rights or obligations under this Agreement, (1) by either parry, if that party delivers written notice to the other party that the other parry is in breach of this Agreement and such breach continues unremedied for forty-five (45) days after the delivery of the notice; or (III) by either parry, if a parry delivers written notice to the other parry that an assignment has been made of the business of the other party for the benefit of creditors, or a receiver, trustee in bankruptcy or similar officer shall be appointed to take charge of the property of the other party, orthe other party is adjudged a bankrupt, provided such assignment, appointment orjudgement Is not remedied or reversed with twenty (20) days of delivery of the notice. 2. InsplilWon. BRC shall have the rightto inspect any products before BRC's obligations underthis Agreementwith respect to any Products shall begin, if such Products are not covered by an agreement that is in force. BRC may perform such adjustments and repairs as it deems reasonable and necessaryto place any Products in good working condition. If BRC determines, in its sole discretion, thatany Product cannot be placed in good working condition, then BRC may exclude such Products from this Agreement Customer shall pay BRC for performing such inspection services and for all labor, materials and adjustments required to place the Product in good working condition, at BRC's then applicable rates for such services and materials. BRC's inspection fee is $1.000.00, plus parts and travel related expenses. ' 3. Price and Payment In consideration for this Agreement, Customer shall pay BRC the amounts described below. A. An amount equal to the aggregate of the initial maintenance fees on the Products as set forth in Exhibit A. B. Any fees or expenses invoiced to Customer by BRC pursuant to Section 2. C. if Customer selects Option A as described in Exhibit C as an additional service to be performed by BRC under this Agreement, then Customer shall pay an additional sum equal to the aggregate of the option fees described in Exhibit C. D. Any import duties or federal, state, municipal or other government excises, sales, use, occupational or similar taxes, insurance and other fees that BRC must pay as a result of its performance of the Agreement E. The payments described in paragraphs 3(A) through 3(D) shall be invoiced to Customer and shall be due within thirty (30) days of the date such invoice ks delivered. If BRC shall not receive a payment from Customer by the date such payment is due, then Customer shall pay BRC interest on such overdue payment at the highest level of interest allowed by law. In addition, Customer agrees to indemnity and hold BRC harmless for all costs involved In collecting overdue payments from Customer. Maintenance fees are non-refundable. A. The Optech If. III-P, and III -PE are depot repaired units. If Customer has ten (10) or more Products, preventive maintenance can be contracted to be performed at Customer site. Subject to the provisions of paragraphs 8 and 8, BRC shall maintain all Products covered by this Agreement in good working condition. If Customer shall elect to ship the Products to 8RC then Customer shall pay all costs of such shipment to and from the BRC maintenance facility designated by 8RC, Including any expense for insurance and shall bear all risk of loss of or damage to the Products during such shipment If Customer chooses to have BRC maintain the Products at Customers facilities, the Customer shall notify 8RC of its request during BRCs normal working hours by telephone or written communication and Customer shall pay the associated travel expenses described in Exhibit D if applicable hereto. See Section 5 for customer responsibilities. Notwithstanding the foregoing, an employee or agent of BRC shall provide one preventive maintenance inspection of the Products during each 12-month period while this Agreement is in effect, or two preventive maintenance inspections of the Products during a 24-month period while this Agreement Is in effect If the Product is depot repair, the preventive maintenance is done at a designated BRC facility with Customer paying freight both to and from 8RC. B. Subject to the provisions of paragraphs 8 and 8. BRC shall supply all labor and/or parts necessary to maintain Products in good working conditions per the program selected by the customer in Exhibit B. All parts supplied by BRC shall be either new standard parts or certified rebuilt parts, and shall be substituted and exchanged for the old parts which shall become the property of BRC. C. If Customer so requests, BRC shall record in reasonable detail, information relating to repair of Products. Such record shall be adequate to show the repair history of Products, including any history of malfunctions. D. BRC will provide loaner units for equipment failing to operate through fault of BRC. These will be provided within 24 hours of notification to BRC. HARDWARE AWNTEA14WEAGREEWNf lar CpHcd Son EqupwW - Revwe in St Cbo 2/15W Page 1 of 3 E. BRC warrants that Products shipped to a Depot facility will be operational upon arrival at Customer location. Customer shall verity operation of equipment and notify BRC, if applicable, if nonworking at timeof arrival. BRC shall absorb any additional shipping charges. if applicable. for the return of such nonworking, warranted Products. A. Customer shall provide BRC full access to the Products to perform any maintenance services required during the term of this Agreement B. Customer agrees to contact BRC within a minimum of 40 days prior to the date the unit shall be required to schedule maintenance. These services wig be scheduled on a first come first served basis. C. If maintenance is performed at customers facilities. Customer shag provide BRC with adequate working space including, but not limited to, heat, light, ventilation, electric cuurentand outlets, and adequate storage space, if required by BRC, for spare parts for Products. Such working space and storage space shall be within a reasonable distance from the Products, and shag be provided to BRC by Customer at no charge. D. It BRC so requests. Customer shall record, in reasonable detail, operating information relating to Products, such records shag be adequate to show the operating history of Products. Inducing any history of malfunctions. S. Excluded Services, This Agreement does not require BRC to repair or replace n) ribbons, lithium batteries or other supplies which need repair or replacement as a result of normal wear and tear, (11) Products which have been repaired, altered or transported by persons other than those expressly approved to writing by BRC, Oil) Products from which the serial numbers have been removed, defaced or changed. (iv) Products damaged as a result of accident disaster, theft, vandalism, neglect, abuse, use of any Product for a purpose other than the purpose for which it is designed or use not In accordance with instructlons fumished by BRC, (v) Products which have been subjected to physical, mechanical or electrical design alteration or any conversion by persons other than those expressly approved In writing by BRC, or (vi) Equipment that in BRC's responsible opinion can not be repaired to a maintainable condition. 7. Disclaimer, BRC DISCLAIMS ALL WARRANTIES WHETHER EXPRESS OR IMPLIED WITH REGARD TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 8- Customer's Remedies. If BRC shag breach this Agreement in any manner, Customers exclusive remedy shall be the furtheradjustment. repair or maintenance of the Products until the Products are in good working condition. Customer acknowledges that It has sole control over the Products. Accordingly, BRC shag not be We to Customer for damages in any way related to or connected with results obtained from or otherwise contributed to by the Products. BRC's liability forany losses or damages of any nature except for personal injury, whether direct, Indirect or incidental, arising from its performance of this Agreement, shall be limited to the aggregate amount of the fees paid by Customer to BRC pursuant to this Agreement BRC SHALL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF ANTICIPATED REVENUES OR PROFITS, OR FOR ANY CLAIM OR DEMAND AGAINST CUSTOMER BY ANY THIRD PARTY, IN CONNECTION WITH OR ARISING OUT OF BRCS PERFORMANCE UNDER THIS AGREEMENT. 9. Miscellaneous, A. General Confidendalft. Not applicable. B. Force Mateure. BRC or Customer shag be excused from performance hereunder for any period BRC or Customer is prevented from perfomming their respective obligations hereunder in whole or in part as a result of an act of God, war, civil disturbance, court order, labor dispute or other cause beyond itt reasonable control. In addition, such nonperformance shall not be aground fortennination or default C. b(BhCfili Arty waiver by either part' of any provision of this Agreement must be in writing, and shag riot imply subsequent waiver of that or any other provision. D. Notices Except as otherwise noted In this Agreement, any notice, demand or request or other communication required to be given by either party to the other party pursuant to this Agreement shall be in writing and shag be mailed by first lass, registered orcertif ed mail, return receipt requested, or transmitted by hand delivery. telegram of telex, to the appropriate addresses first set forth above, or to such other address as either parry may hereinafter substitute by written notice given in the manner prescribed in this paragraph. Notice shag be deemed given three (3) days after mailed, or at such time as it Is actually delivered to the addressee or such attempted delivery is refused by the addressee. E. Complete Agreement. This Agreement, including the attached exhibits, embodies the entire contractual agreement of the parties with respect to the subject matter hereof. This Agreement cannot be modified except by written agreement signed by all parties hereto. F. A,gg(gnm Customer may not. without BRC's prior written consent, assign or otherwise transfer this Agreement, or any Customers rights orobligations underthis Agreement, to a third party. BRC shag have the right to subcontractthe performance of all services specified in this Agreement to a third party with written consent from the Customer. G. Goveminc law. This Agreementshall be construed and enforced with the laws of the State of Minnesota M4ROWARE MVNTEMAWEAOREEMENrbrOP" San E**MO - RovbW in SL CAN WSW Page 2 of 3 Each of the undersigned states that he or she has carefully read the foregoing Agreement and knows the contents thereof and has signed the same as his or her own free act and dead. BUSINESS RECORDS CORPORATION BY: TITLE. DATE: City ofAWertviile, Minnesota X BY: X TITLE: X DATE: TERM OF CONTRACT: 1J110 1197 - 12131 M EXHIBIT A - PROGRAM OPTION Type Number of Units Serial Location Initial Maintenance Fee' Number(s) per unit In total MFE 1 onfile ile AlbertuMe. MN $520 $520 *SW E~ a for Prodxt Options Selected from the following service options for equipment coverage. sahwt on Salad ona Labor Only On -Site Labor and Materials X_ Depot __xx._ Parts only (BRC pays freight of any part shipped to the Customer, Customer pays freight of any defective part to BRC.) EXHIBIT C - OPTIONS Option A. ELECTION STANDBY SERVICE - ARC apoicable rates at time of service -plus s travel related expenses. Definition on -Can Service to cover election tabulation. Specifications, including approximate dates for the above service, must be provided In writing to BRC at the time of contract inflation. This amount would be billed at the time of usage. EXHIBIT D - TRAVEL CHARGES The following additional charges shall apply if Products are serviced at Customer's facility as part of the Maintenance Agreement. Actual travel -related expenses: Airfare. hotel, car rental, food and lodging, If service is performed on -site for a depot -repaired Item. ALL PRODUCTS COVERED BY THIS AGREEMENT ARE DEPOT -REPAIRED ITEMS OR QN SITE REPAIRED ►TENS_ AS STIPULATED IN EXHIBIT B. tunowAREti/nxvrOVANCEAGMSUIENrforOP" SanEWOWN-RW*Wto& CrbW&'&W Page 3 of 3 BUSINESS RECORDS CORPORATION P.O. Box 1052, 3t Cloud, MN 55302 (512) 253-2170 CUSTOMER HARDWARE MAINTENANCE DECLINE FORM Recitals: The "CUSTOMER" referred to in this agreement, is: City of St Albertville 59750 Main AVE NE Albertville, MN 55301 CUSTOMER does not wish to put their. Optech IIIPE -1 under a hardware maintenance agreement. By declining the hardware maintenance agreement, the CUSTOMER agrees and understands that the cost for repair will be as follows: Depot Repair: $145/hour plus applicable parts, materials, and freight Field (On -Site) Repair: $190/hour, including travel to and from site, with a two (2) hour minimum $.25/mile Other expenses (airfair, car rental, tolls, meals, lodging) billed at actual plus applicable parts, materials, and freight BRC: BUSINESS RECORDS CORPORATION, a Delaware Corporation By: Its: Date: CUSTOMER: City ofAlbertville, Minnesota X By: _ X Its: X Date: CUSTOMER Hwdwere Meinlene = Dune Form - ReWsed in St Chad 4/1694 Page 1 of 1 . , 7 BUSINESS RECORDS CORPORATION page 1 of 1 P.O. Box 10M St. Cloud. MN 54atr! (512) 253-2170 ELECTION SUPPORT AGREEMENT CTTY OF ALBER7 UXE, TdZNrA7.SOTA CUENT This AGREEMENT is between BUSINESS RECORDS CORPORATION (SRC). and the signatory CLIENT. and de ody states their nN+lwl reVonsibilitles and aommianerns. This egrewnent is in effect for two yaws. in retwn for the stated fees and rate. it an be modill d at any time d both parties agree to the change in wrdh SERVICES: SRO will provide me consulting and support services specified and defined entirely by thla agrsennent. These may inchrds: consulting. training, telephone assistance. mo(1ifiatiort at maintenance of software. WARRANTIES AND UABILRIES: PJRC endeavors to vho+r+d• high services. Alt services are provided by qualified staff. ProPeriy nW OM and will meet tt+e specifications agreed to by both gentles Those by aser4impe� ie o be of Is"� P 4« ) el without charge to tins CLIENT Corrections may take the form of t) changed docurnerns changed softwaw. 3) Procedures to dw suppOM UNDERSTANDIFUM AN services performed by BRC under this agreenurt will be paid by the CLIENT according ro the agreed fee structure and within 30 days after the date of invoice. BRC rsWm ail proprietary rights to software programs. doom nentatlon. and tedwiquss that are prepared on beheld of the CLIENT. unless a spedlic exception is stated herein. SRCwdamkeitabestefbrttosdmduleandnmWschedu WONNWAw tsintheorderolprioritymostimporwMtoewCUENT. SRC takesintoconsiderabm dwdienrstknesdnedhda. that workload of its smployess and disntptlon of CUENTS' schedules. SAC will provide any additional services as Good below for Section Support Agreement clients at special reduced rates. This agreement, governed by the laws of the State of Texas. la the entire agreement between the parties A waiver of any pert of this agreement is Iknnited to that specific event and shay not waiver the entire agreement. Any notices required shall be in wnting and effective when deposited In the mai properly addressed with Prepaid postage. SRC wit not irotiate action on any item without the express consent of the CLIENT. BRC will automatically renew this Support Agreement and continue the covered services on its anniversary date. unless notification in writing is made by either parry prior to the anniversary data Section Support fees are non-refundable. BUSINESS RECORDS CORPORATION (SRC) will provide We following support services: SUPPORT SERVICES (Covered under tits (ee) UrAn*sd Optical San training at a SRC trookil rg %coly at regularly scheduled classes. Telephone Consultations. Hot Lim Telepl ones rt dStaff. Day (6 a.m. Central Tims until the last user reports). Priority Access to Diagnostic Testing Consuitatkirh, Electfon System Number of Units Optech MPE 1 $400 TOTAL TiisAgreement: ADDITIONAL SERVICES (Charged at SRC hourly rates. Phan Mal expenses.) On -sits visas. On-elts optical San training. on•sae Poll Wodtens training. On -site Public Test "POOL On -sits Ssdion Day support - Planning. status meetings and feasibility studies. Dates of Coverage for Election Support 1 /1 /97 12/31 /98 Signed: X Title: X Client Ci!g Of Albertville Address: 5975 Main AVE NE POB 9 Albertville, A IN 55301 Taisown Tog Deck Corwuttation. Telephone Problem Analysis. Newsletter. Doaunerntation Updates. Fee $400 Business Records Corporation PO Box 1082 SL Cloud MN 56302 Date: X STATE OF MINNESOTA, DEPARTMENT OF PUBLIC SAFETY ' Division of Emergency Management Room B-5, State Capitol, 75 Constitution Ave. St. Paul, MN 55155 1996 Snow Removal Cost Reimbursement - Governor Carlson has signed legislation which authorizes the partial reimbursement of "extra " 1996 (calendar year) snow removal costs incurred by counties, cities and townships. "Extra costs" are arrived at by subtracting the�average of a jurisdiction's actual snow removal cost for 1993 through 1995 from its actual snow removal cost for 1996. Approximately 30% - 32% of the "extra" costs will be reimbursed. TO: �FOR: Garrison Hale Contact Person: 5975 Main Ave NE Albertville MN 55301 The purpose of this form is to help the Division of Emergency Management (DEM) verify and certify snow removal costs in order to process the reimbursement of local governments for their extra 1996 snow removal costs. Listed below are the actual 1993, 1994, 1995, and 1996 snow removal costs for your jurisdiction. This information was previously provided to DEM by the contact person listed above. Please take the following steps: 1. Review the previously -provided 1993-1996 snow removal cost information shown below. 2. Make corrections or revisions as necessary in the blanks provided. (See instructions on reverse side of this page). Note: If you increase your original cost figures, you must submit an explanation and documentation supporting the increase. DEM will review the explanation and documentation to determine if you are eligible for additional reimbursement. 3. Check the box which best indicates your participation in the reimbursement program and your reporting status. 4. Certify the information contained on this form (using the certification statement below). Snow Removal Costs for: 1993 Actual Costs 1994 Actual Costs: 1995 Actual Costs: 1996 Actual Costs: Changes or Revisions: C� Yes - We want to participate and there are no changes to the above cost information. Yes - We want to participate and there are changes to the above cost information. No - We do not want to participate. CERTIFICATION STATEMENT: I certify the above data is correct based on the official accounting system and records of this jurisdiction, consistently applied and maintained, and that expenditures shown have been made for the purpose of and in accordance with applicable conditions. I also certify that appropriate documentation to support these costs is available. Signature and Job Title: Date: This form must be received by this office no later than 0413011997. If it is not returned by this date, we will assume that your jurisdiction does not want to apply for reimbursement. Warrants will be mailed to the treasurer of your jurisdiction, and will be issued no later than 05128/1997. If you have any questions regarding this form, please call Anne Kleppe of our office, at (612)282-5392. - Please See Reverse Side - r I J r Eligible "extra" 1996 snow removal costs Include: All labor costs for local unit of govemment's personnel that were directly involved in the clearance of snow. Equipment and vehicle costs (fuel, minor routine maintenance and repair costs) calculated on a per hour basis. (Major equipment repairstreplacements are not eligible costs). • Reasonable contract costs. • Sanding and salting costs. Selective hauling of snow when absolutely necessary to maintain lanes, because of terrain or obstacle considerations. • Selective removal of vehicles and other obstacles in order to maintain open lanes. MI ,NNf,SOTA Department of Revenue ? Property Tax Division Mail Station 3340 St. P: O Phone (612) 296-5141 i March 26, 1997 TO: ALL CITY CLERKS, ADMINISTRATORS, MANAGERS, AND FINANCE DIRECTORS RE: CERTIFICATION OF LOCAL PERFORMANCE MEASURES FOR LOCAL PERFORMANCE AID PAYABLE IN 1998 Minnesota Statutes, Section 477A.05 provides for Local Performance Aid (LPA). In order to qualify for LPA, your city must have a system of performance measures for services provided by the city, and must regularly compile and present these measures to the city council at least once per year. if there is currently no system of performance measures in place, your city may still qualify for this aid if it is in the process of developing and implementing a system of performance measures. However, eligibility based upon being in the process of development may not be used for more than two consecutive years. For the purpose of the enclosed certification form, "in the process" may include having the subject of performance measures on the agenda of the city council. The city should then use the time period between this year's certification and next year's certification to develop basic measures such as "workload," unless it has already moved beyond this stage. The second year of "in the process" must be used to move to a higher level of performance measurement, such as measuring efficiency and effectiveness. Local performance aid will be determined as follows for calendar year 1998: The total amount of aid available for cities in 1998 is $4,107,673, plus an inflation adjustment based on the implicit price deflator. A per capita aid amount will be determined by dividing the total aid available by the total population of all cities that qualify for the aid. Each qualifying city then receives an aid amount based on its population times the per capita aid amount. Distribution of LPA is based on yearly certifications for each qualifying city. Cities are required to submit an annual certification in order to receive LPA payable in calendar year 1998 and subsequent years. Note: The State Legislature is currently looking at LPA, and there could be changes which affect LPA. Your city will be notified if there are changes which affect your 1998 Certification of Local Performance Measures or your 1998 LPA. LPA will be paid in two equal installments on July 20 and December 26 of 1998. Qualifying cities will receive a certification of their 1998 LPA by July 31, 1997. (continued) An equal opportunity employer TDD: (612) 215-0069 Page 2 As mentioned above, your city may qualify for LPA by (1) having a system of performance measures in place, or (2) by being in the process of developing and implementing a system of performance measures. If your city qualifies for LPA by either criteria, and your city wishes to participate in the distribution of this aid for calendar year 1998, your city must fill out the enclosed certification and return it to our office by June 30, 1997. Please note: if our office. does not receive a certification from your city by June 30,1997, your city will not be eligible to receive this aid in calendar year 1998. If you have any questions regarding the completion of this form, please feel free to call me at (612) 296-5141. Sincerely, LarryILewley Research Analysis Specialist Property Tax Division Enclosure f i r CA a- C .Q A a a d c to E a c� J L. w U a IL J LL al 0 c 0 0 0 0 O U CO W m U N j w N a m N �U � C O V c. N U U ` O 'o (D m a Ea v co !0 E 'n O aU >, O m E 75 U) N N = m N t E a) (D V U) >, o « o 5+ N N O N m O cn W r=, c O C x H a 0 a m 0 0 0 v t It April 9, 1997 TO: City Council ' FROM: G.L. Hale, City Administrator SUBJ: Snow Plow Policy - Tree Damage Complaint (C. Baurer) We received a complaint from Mrs. Baurer of 541 St NE. The Baurer's evergreen trees have damage that was caused by the City's snow plow operations. Maintenance Worker II Lindsay informed us the trees were on private property. Further, he informed us that Mrs. Baurer was notified that the location of the trees was in a snow drift prone area and as such could be subject to potential snow removal problems. In keeping with your policy on snow plowing I believe this matter requires consideration since the damage is outside of the City rights-of-way.on private property. 4 a 1 0r APR-09-1997 13:11 NAC ORDINANCE NO. 87-_ CITY OF ALBERTVILLE WRIGHT COUNTY, MINNESOTA r 612 595 419/97 AN ORDINANCE AMENDING SECTION A-600.7 OF THE ALBERTVILLE SUBDIVISION ORDINANCE REGARDING STREET RIGHT-OF-WAY AND PAVEMENT WIDTH (FACE TO FACE OF CURB) AND ESTABLISHING A MINOR COLLECTOR STREET CLASSIFICATION. THE CITY COUNCIL OF THE CITY OF ALBERTVILLE ORDAINS: Section 1. Section A-600.7(a) of the Albertville Subdivision Ordinance (Street Design) is hereby amended to read as follows: T Eck (a) Minimum right-of-way widths and pavement widths (Poe4~ of curb) for each type of public street or road shall be as follows: Type of Street Right -of -Way Width Paved Width (Curb to Curb) Arterial too feet 44 feet or as determined by traffic needs Commercial/ Industrial Service 80 feet 44 feet Major Collector 80 feet 44 feet i Local Street 60 feet 36 feet Marginal Access 50 feet 28 feet Cut -de -sac 60 feet tum around radius 48 feet Section 2. This Ordinance shall become effective immediately upon its passage and publication according to law. ADOPTED by the ALBERTVILLE City Council this day of , fi 9.14A CITY OF ALBERTVILLE By: Mark Olsen, Mayor ATTEST: By. Linda Houghton, City Clerk 4 % F4-09-1997 13:12 NAC 612 595 9837 P.03i07 JEFXi5tiP79 stagylards carried to said property line in such a way as to permit future extension of the street into the adjoining tract. At such time a such a street is extended, the acreage coverage by the turnaround outside the boundaries of the extended street shall revert in ownership to the property owner fronting on the temporary turn around. f i = (a) Minimum right-of-way widths and pavement widths (face to face of curb) for each type of public street or road shall be as follows: Right -of -Way .-Tyng of Street Width Arterial 100 feet Collector 80 feet Commercial/Industrial Service 80 feet Local 60 feet Marginal Access 50 feet Cul-de-sac 60 feet turn around radius Pavement Width 44 feet, or as determined by traffic needs 44 feet 44 feet 36 feet 28 feet turn around ��r� radius (b) Where a subdivision abuts or contains an existing street of inadequate width, sufficient additional width shall be provided to meet the above standards. (c) Additional right-of-way and roadway widths may be required to promote public safety and convenience when special conditions require it. (d) Restriction of Access. Access of local streets onto arterial and collector streets shall be discouraged. at intervals of less than five hundred (500) feet. (e) Street Jog. Street jogs with centerline offsets of less than one hundred fifty (150) feet shall not be allowed. (f) Deflection. When connecting street lines deflect from each other at any one point by more than ten (10 ) degrees, they shall be connected by a curve with a radius of not Less than one hundred (100) feet. (g) grades. Centerline gradients shall be at least 0.4 percent and shall not exceed the following: Classification Gradient Arterial and Collector Streets 5 W Local Streets and Marginal Access Streets 8 fk 28