PLANNING & ZONING COMMISSION MEETING Tuesday, December 10, 2013

7:00 PM 1. CALL TO ORDER - ROLL CALL – ADOPT AGENDA 2. MINUTES October 8, 2013 Planning and Zoning Meeting (pages 1-5) 3. PUBLIC HEARINGS

a. None.

4. OTHER BUSINESS

a. Interviews of Planning Commission Candidates (pages 6-7) b. Discussion of Hunters Pass Estates 2nd Addition Preliminary Plat, Final Plat and

PUD (pages 8-19) c. Discussion of a Food Truck Ordinance (pages 20-30) d. Discussion of a Home Occupation Ordinance Amendment (pages 31-47)

5. ADJOURNMENT

City of Albertville 5959 Main Avenue NE

P. O. Box 9 Albertville, MN 55301

(763) 497-3384

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UNAPPROVED

PLANNING AND ZONING COMMISSION MINUTES

TUESDAY OCTOBER 8, 2013 1. CALL TO ORDER:

Acting Chair Edgren called the meeting to order at 7:00 p.m.

2. ROLL CALL

Commissions present: Acting Chair Dale Edgren, Commissioner Jeffrey O’Brien, Commissioner Natalya Lindberg and Council Liaison Dan Wagner Staff members present: Alan Brixius and Sue Schwalbe Others Present/Public Wally Odell, Darkenwald Real Estate LLC Lance and Layla Burda, 12455 60th Street NE, Albertville Paul Schutte, owner of 5986 Main Avenue NE, Albertville Tom Holthaus, Red Rooster Properties, Inc. Wayne Elam

3. APPROVAL OF AGENDA

O’Brien moved, second by Lindberg to approve the agenda as submitted. Motion carried unanimously.

4. APPROVAL OF MINUTES

Lindberg moved, second by O’Brien to approve the minutes of the July 9, 2013 Planning Commission meeting as submitted. Motion carried unanimously.

5. PUBLIC HEARINGS CONSIDER A REQUEST OF DARKENWALD TO REZONE 88.47 ACRES IN NORTHWEST ALBERTVILLE FROM I-1, LIMITED INDUSTRIAL DISTRICT TO B-2A, SPECIAL BUSINESS DISTRICT Mr. Brixius presented the Planning Commission with the planning report dated October 3, 2013 to the Commission for their consideration. The applicant is proposing to develop this area of the city with land uses consisting of hospitality, entertainment and recreational land uses. The current I-1 zoning district does not allow for these land uses. The applicant is requesting the change in zoning without a current development plan. This request

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is intended to determine if the city is supportive of these land uses and to demonstrate local support of the development to secure financing.

In review if the rezoning request, city staff offers the following findings. The proposed B-2A zoning change will be compatible with present and future land uses of the area. The proposed B-2A zoning will establish performance standards that fulfill the City’s vision for this area of the city. Future site development will require a formal site and building plan review and a planned unit development before the planning commission and city council that demonstrates compliance with the B-2A zoning standards. The proposed B-2A zoning will not tend to or actually depreciate the area in which it is proposed. Future development will need to demonstrate that it can be accommodated with existing public services and will not overburden the City’s services capacity and that traffic generation by the proposed use is within the capabilities of streets serving the property.

Acting Chair Edgren opened the Public Hearing.

Wally O’Dell of Darkenwald explained to the Commission that this is the first step necessary to move ahead with this property. Future development will create expanded commercial growth within Albertville, create local employment opportunities and result in a substantial increase in the tax base for the City.

O’Brien moved second by Lindberg to close the Public Hearing. Motion carried unanimously.

O’Brien moved second by Lindberg to approve the request of Darkenwald to rezone 88.47 acres in northwest Albertville from I-1 Limited Industrial District to B-2A, Special Business District and to forward to the City Council. Motion carried unanimously.

CONSIDER REQUEST OF LANCE AND LAYLA BURDA FOR A CONDITIONAL USE PERMIT FOR AN OVERSIZED GARAGE WITHIN THE A-2, AGRICULTURAL TRANSITIONAL DISTRICT FOR THE SITE AT 12455 60TH STREET NE IN ALBERTVILLE Mr. Brixius presented the Planning Commission with the planning report dated October 3, 2013 to the Commission for their consideration. The CUP is required to allow a detached accessory building with a floor area of 2400 square feet in area and 19.5 feet in height both of which exceed the district standards. In review of the application the city staff offered the following findings. The subject site is zoned A-2 and is 4.74 acres in size. The proposed building design and location on the site will be compatible with the adjacent resident uses and does not present a hazard to the public health safety, and general welfare. The building location meets all required setbacks. The building design is consistent with the design of the single family home on the site. The provisions of subsection 400.2F of this ordinance shall be considered and a determination made that the proposed activities are in compliance with such criteria. Staff expressed concern over the potential use of the accessory building for commercial use or home occupation in a residential area. In review of the application the staff recommended approval of the CUP subject to the following conditions:

1. The accessory building and site shall not be used for any commercial use or home occupation.

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2. Outdoor storage related to any commercial business on this site shall be prohibited. 3. Any expense associated with zoning enforcement related to a violation of the term of this

conditional use permit shall be the responsibility of the applicant or property owner. Acting Chair Edgren opened the Public Hearing. Property owner/applicant Lance Burda stated they have two commercial storage sites for his towing business. He will not be bringing any storage to his residential property. He does not have a problem with the conditions recommended by the staff and the Commission for the conditional use permit. O’Brien moved second by Lindberg to close the Public Hearing. Motion carried unanimously. O’Brien moved second by Lindberg to approve the request of Lance and Layla Burda for a conditional use permit for an oversized garage within the A-2, Agricultural Transitional District for the site at 12455 60th Street NE in Albertville adding the following conditions:

1. The accessory building and the site shall not be used for any commercial business or home occupation.

2. That the site shall not be used for outdoor storage related to a commercial business, the site shall not be used as a storage yard.

3. All Conditional Use enforcement fees will be the responsibility of the applicant.

Motion carried unanimously. CONSIDER REQUEST OF RED ROOSTER PROPERTIES, INC. FOR A CONDITIONAL USE PERMIT FOR AN ACCESSORY DRIVE-THROUGH SERVICE LANE ON A PROPERTY AT 5952 LARGE AVENUE IN ALBERTVILLE. THE PROPERTY IS ZONED B-3, HIGHWAY BUSINESS DISTRICT

Mr. Brixius presented the Planning Commission with the planning report dated October 3, 2013 to the Commission for their consideration. The proposed site 5952 Large Avenue is zoned B-3 Highway commercial. This site contains the old Sunco gas station. The site historically included motor fuel sales, auto repair, car wash, convenience store and fast food sales. Each use is permitted within the B-3 district. The site recently went through foreclosure and is now being considered by Red Rooster Properties Inc. for purchase and reopening. The applicant wishes the fast food component of the site to be a Taco Johns restaurant with a drive through service window. Within the B-3 district, a drive through service lane requires a conditional use permit. In review of the CUP application the following conditions must be met:

1. Not less than one hundred twenty feet (120’) of segregated automobile stacking must be provided for the single service lane.

2. The stacking lane and its access must be designed to control traffic in a manner to protect the building and will not interfere with on site traffic circulation or access to required parking spaces.

3. No part of the public street or boulevard may be used for stacking of automobiles.

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4. The stacking lane, order board intercom, and window placement shall be designed and located in such a manner as to minimize glare to adjacent premises, particularly residential premises, and to maximize maneuverability of vehicles on the site.

5. The drive-through lanes shall be screened from view of adjoining residential zoning districts and public street rights of way.

6. Hours of operation shall be limited as necessary to minimize the effect of nuisance factors such as traffic, noise, and glare.

7. A lighting and photometric plan will be required that illustrates that drive-through service lane lighting shall comply with section 1000.10 of this Ordinance.

Mr. Brixius presented the finding of the October 3, 2013 planning report that includes suggested site plan changes and recommended conditions for conditional use permit and site plan approval.

Acting Chair Edgren opened the Public Hearing. Applicant Tom Holthaus, Red Rooster Properties, Inc. stated he is attempting o have a convenience store, fast food restaurant and gas station on the site. Applicant also stated the queue line is fairly typical to all his six (6) other restaurants and is it very important to his business and his intent to keep the line moving at all times. Also the menu board location is typical to other fast food restaurants. Council Liaison questioned to what extent the applicant is willing to repair on the parking lot. Applicant stated that repairing, not just resurfacing is his intention and the area by the diesel fuel will be replaced. Applicant also explained the diesel refueling area indicating the 48 foot wide entrance. Acting Chair Edgren confirmed with applicant the trash location and would be complaint with the location. Paul Schutte, owner of 5986 Main Avenue NE, Albertville spoke regarding the close proximity of another Mexican Restaurant. Schutte spoke with this tenant, El Bamba and there are no issues. Brixius stated Municipalities approval must be based on the compliance with the zoning and not types of business or business competition. Commissioner Lindberg stated she is concerned with the amount of traffic that will be generated on Barthel Industrial Drive NE. Staff indicated the heavy traffic times would be around typical lunch and dinner times. O’Brien moved second by Lindberg to close the Public Hearing. Motion carried unanimously. Lindberg moved second by Edgren to approve the request of Red Rooster Properties, Inc. for a conditional use permit for an accessory drive-through service lane on a property at 5952 Large Avenue in Albertville. The property is zoned B-3, Highway Business District repair plan with the following conditions:

1. A detail must be provided to show the height of the median, curbing, and storm water management.

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2. The pedestrian crossing area shall be striped and raised to provide for additional safety and must be ADA accessible. A detail must be provided to show the treatment of this feature.

3. A physical barrier (railing or solid wall) must be installed between the drive-through and the sidewalk to guide pedestrians to and from the building entrance and marked crossing.

4. Bollards must be installed to indicate the location of the proposed median, provide protection for the menu board and direct traffic away from the service bays as they exit the drive-through service window.

5. A truck maneuvering diagram must be submitted to demonstrate how delivery vehicles will approach and exit from the underground tank access area. If it cannot be shown that truck maneuvering can be accommodated without conflicting with on-site parking, the conditional use permit will not be granted.

6. At no time shall vehicle stacking impede on-site circulation or extend into the public right-of-way. The City reserves the right to require the applicant to redesign the drive-through service lane or discontinue its use if this situation occurs.

7. The car wash use may not be reinstated. 8. A photometric plan must be submitted to demonstrate compliance with Section 1000.10 of the

Ordinance. 9. All parking area must be resurfaced or repaired. Four additional parking spaces must be provided

for a total of 49 stalls on the site. All parking spaces are to be striped and maintained in compliance with Section 1200.5 of the Ordinance.

10. The applicant must provide an elevation detail for the trash enclosure to show compliance with Section 1000.14 of the Ordinance if located outside the building. The trash enclosure must be relocated adjacent to or within the building.

11. The applicant shall provide a comprehensive sign plan for the entire building and site. No sign approvals shall be given without this complete plan submission.

12. Applicant will be responsible for all enforcement costs of this Conditional Use Permit. Ayes: Acting Chair Edgren, Commissioner Lindberg, Council Liaison Wagner. Nays: Commissioner O’Brien. Commission O’Brien stated he believes this is a great use of the property; however has concerns with the applicant meeting the guidelines/conditions and number of closed service stations. O’Brien moved second by Edgren to adjourn at 8:15 p.m. Motion carried unanimously. _____________________________ Sue Schwalbe, Recording Secretary

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MEMORANDUM TO: Adam Nafstad FROM: Alan Brixius DATE: December 5, 2013 RE: Albertville – Planning Commission Appointments FILE NO: 163.05 Planning Commissioner Frank Kocon has resigned his position. The City Council has directed staff to advertise the position in order to replace him. The City has two candidates who have expressed interest in the position – Kevin Lanners and Mark Barthel. The City Council has requested that the candidates come to the December 10, 2013 Planning Commission meeting to meet and be interviewed by the Planning Commission. The Council would like the Planning Commission to provide a recommendation on which candidate should be selected to fill the current vacancy. To assist in the interview, the following questions are offered. They are offered as a guideline and you are not obligated to use them. 1. What do you believe is the role of the Planning Commission? 2. What experience or skills do you bring to the Planning Commission? 3. What experience have you had in dealing with diverse viewpoints or controversial

topics? How have you managed conflicts or emotionally charged discussions? 4. What would be your priorities or goals for the community as a Planning

Commissioner? 5. Do you have any conflicts that would interfere with your attendance at the

Planning Commission meetings? Attached: Correspondence from Kevin Lanners and Mark Barthel c: Sue Schwalbe Kim Olson Paul Heins Mike Couri

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PLANNING REPORT TO: Adam Nafstad FROM: Michelle Barness/Alan Brixius DATE: December 5, 2013 RE: Albertville – Hunters Pass Estates 2nd Addition – Phase II FILE: 163.06 – 13.13 BACKGROUND Tollberg Homes has submitted an application for Preliminary and Final Plat approval of Hunters Pass Estates Second Addition, Phase II of the Hunters Pass Estates PUD. Plat approval for Hunters Pass Estates was originally attained by the Minnesota Development Agency, LLC in 2005. Approval of the plat has since expired and Tollberg Homes is proposing some updates to the original plat, so that additional review and approval by the City is required. The entire Hunters Pass Estates development consists of 95 single family lots on 76.6 acres of land in the northeast corner of Albertville. Sixty-three single family lots were developed in Phase I of the development, and Tollberg Homes is now proposing to develop an additional 12 lots. The site is located to the west of Phase I of Hunters Pass Estates, and is bounded on the north by 70th Street, on the south by Hunters Lake and on the west by the Towne Lakes development. The site is zoned R-1A (PUD), and is located within the Shoreland Overlay District of Hunters Lake. The Hunters Pass Estates subdivision is based on a concept known as “coving.” Coved subdivisions utilize curvilinear street patterns and varied front yard setbacks as a means of providing more visual open space and unique streetscape appearance. Protection of wetland areas associated with Hunters Lake is also a priority for the subdivision, and impacts how the development approaches side and rear setback, lot area, lot width, street right-of-way width, and street width requirements. To facilitate the coved design, the subdivision received City approval of a PUD to grant flexibility in lot area, width and setbacks. Attached for reference: Exhibit A: Preliminary Plat Modification Exhibit B: Phasing Plan

Exhibit C: Site Location Map Exhibit D: Development Plan Exhibit E: Final Plat

Exhibit F: Setback Worksheet

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ISSUES ANALYSIS Existing Conditions. The site is located in the northwest corner of Albertville. Hunters Lake isolated this site from the remainder of the City. Phase I of the Hunters Pass Estates development has already been completed, including construction of the internal road system. The current proposal for Phase II of development is implementing what was approved with the original plat, with small revisions as described further on in the report. Hunters Pass Estates Phase II consists of 21 acres of land, including significant wetland areas. The western portion of the site, adjacent to Towne Lakes 5th Addition, will be developed at a later date. Comprehensive Plan. The Comprehensive Plan designates the site for Low Density Residential Development, of which the proposed development is consistent. The applicant is proposing a single family subdivision utilizing a “coving” design that integrates with the site’s natural features. The design will require flexibility from the R-1A District lot area, lot width, and setback standards. The Planning Commission and City Council must make a determination as to whether the amenities received in doing a development of this design warrant the requested PUD flexibilities. Shoreland Regulations. With approval of the Hunters Pass Estates subdivision in 2005, the City also granted approval of a requested Conditional Use Permit Planned Unit Development for the site. The City chose to pursue the shoreland provision for planned unit developments (Section 4908.75) and processed the application as a standard PUD/CUP. This allowed for flexibility in lot width, lot sizes, setbacks, etc., subject to the following site and design criteria: (Section 4908.75) A. Minimum project areas shall be as follows: Residential: Ten (10) acres B. The total density of the site shall not exceed that which is permitted by the underlying zoning. C. Individual lot coverage by impervious surfaces shall not exceed thirty percent (30%). D. At least fifty percent (50%) of the project area shall be preserved as open space, public or private. Open space shall meet all the requirements of section 4908.62 of this chapter and shall not include roads, sidewalks, parking areas or building footprint areas. At least one-half (1/2) of the preserved open space required by this chapter must be in tier 1 of the shoreland area defined in section 4908.41 of this chapter. E. Density may be transferred among the tiers and/or structure and parking setbacks may be reduced to a minimum of seventy five feet (75') from the ordinary high water level; provided, that all of the following mitigating measures are completed:

1. A natural undisturbed vegetative buffer at least thirty feet (30') in width is maintained adjacent to the wetland/water's edge of OHW, whichever extends further landward.

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2. A planting plan be designed and implemented that enhances or restores the natural buffer with a combination of grasses, shrubs, and trees appropriate to complement the natural habitat. 3. Permanent markers shall be installed and maintained indicating the buffer edge along the entire shoreland boundary. 4. A homeowners association document shall be created and recorded that includes provisions for maintenance of the shoreland markers, prohibits the use of fertilizers containing phosphorous in rear yards, and that provides a mandatory penalty for violations of the homeowners' association and provisions of this chapter.

Project Area and Open Space Coverage. The 2nd Addition project area is 21 acres total, and will consist of 12 single family lots, Outlot A, and Outlot B. Though only a portion of that area is currently proposed for development, the proposed subdivision in its entirety appears to meet the minimum project area requirement of 10 acres. Wetlands and buffers are open space, protected as outlots and easements over the entire plat. More than 50% of the entire plat (including the 1st, 2nd, and 3rd Additions) will be preserved as permanent open space. The individual lot coverage by impervious surface requirement shall be met upon completion of construction of homes on lots. Wetland Buffer. How the project addresses the required wetland buffer has changed from Phase I of development. The City Engineer is recommending that lots in Blocks 2 and 3 of Hunters Pass Estates Phase II be reduced in size from that approved with the original plat, to allow space for the required wetland buffer area to be external to lots and within Outlot A. The goal here is to increase the likelihood of the buffer being protected and maintained over time. Lots in Hunters Pass Estates Phase I contain an easement for wetland buffer areas interior to lots. However the City has experienced difficulty in enforcing the protection of these buffer areas, due to the fact that the location within lots is difficult to determine over time as locational signs are removed, and the buffer itself is mowed by residents who do not wish to maintain it. The designation of the required wetland buffer area to Outlot A in the current proposal means that mowing or removal of the buffer becomes a trespass issue, which is more enforceable by the City. The applicant is requesting that the City permit reduced lot size, reduced rear setbacks, and small adjustments to house pad locations from that approved with the original plat in order to implement the wetland buffer in Outlot A. Exhibit A “Preliminary Plat Modification” demonstrates lot areas approved in the original plat, in addition to reduced lot areas currently being proposed. In addition, Exhibit F details front, side and rear setbacks for Phase II lots. Zoning. The site is zoned R-1A (PUD), and is located within the Shoreland Overlay District of Hunters Lake. Hunters Lake is designated as a Natural Environment Lake. The following setback and lot standards are applicable to developments within the R1-A, PUD and Shoreland Management Overlay District:

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R-1A District Requirement Proposed Minimum Lot Area 15,000 square feet 8,220 – 14,510 square feet

Avg. 10,725 square feet Minimum Lot Width (Interior) 100 feet 61 - 93 feet * Minimum Lot Width (Corner) 120 feet N/A Front Setback 30 feet 30 - 58 feet Side (Interior) Setback 10 feet 10 – 23 feet (house side)

5 feet (garage side) ** Side (Corner) Setback 30 feet N/A Rear Principal Setback 25 feet 20 feet minimum ** Rear Accessory Setback 10 feet Shall meet requirement Maximum Building Height 35 feet Shall meet requirement Maximum Building Lot Coverage 25% Shall meet requirement Maximum Units per Acre 2.9 units per acre 4.1 units per acre Shoreland Overlay District (PUD) Structure Setback from OHWL 75 feet Min. 80 feet Lot Coverage by Impervious Surface Maximum 30% Shall meet requirement Project Area Open Space Coverage Minimum 50% Shall meet requirement Wetland Buffer 30 feet Shall meet requirement *As measured from the adjusted front yard setback **Planned unit developments as outlined in subsection 4908.75E, may have reduced structure setbacks when mitigating measures are completed. Hunters Pass Estates PUD approval allowed for reduced side, front and rear setbacks, as described in the report. Plat and PUD approval of the Hunters Pass Estates subdivision in 2005 allowed for reduced lot areas and setbacks to allow for implementation of the coved subdivision design and increased protection of wetland areas. Approval at that time permitted side yard setbacks of 5 feet on the garage side and 10 feet on the living space side (interior lots), 30 foot side yard setbacks on corners, front yard setbacks of + 30 feet (resulting in a lot width of 80 feet at the front building line), and rear setbacks of a minimum of 30 feet. As demonstrated in Exhibit F, setbacks for Hunters Pass Estates Phase II lots coincide with setbacks approved in the original plat, with the exception of rear setbacks. Upon recommendation from the City Engineer, lots in Block 2 and 3 have been reduced in size to provide for a wetland buffer area exterior to subdivided parcels. This reduction in lot area is tied to a reduction in rear setbacks by 20 feet on impacted lots (given similar location of the building pad and application of all other setbacks), resulting in rear setbacks as small as 10 feet. Lot Design. Low Floor Elevation. Low floor elevations for parcels on lakes must be a minimum of three feet above the Ordinary High Water Level (OHWL). The OHWL for Hunters Lake is 947.3, in which case the minimum low floor elevation is 950.3 feet. All building pads in the proposed development maintain the described minimum floor elevation.

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Steep Slopes. The site contains areas of steep slopes exceeding a 12% grade, particularly in lots abutting Hunters Lake. The City Engineer must evaluate possible soil erosion impacts and development visibility from public waters before issuing a permit for construction of roads, driveways, structures, or their improvements on steep slopes. When determined necessary, conditions must be attached to issued permits to prevent erosion and to preserve existing vegetation screening of structures, vehicles, and other facilities as viewed from the surface of public waters, assuming summer, leaf-on vegetation. The applicant must adhere to any recommendations the City Engineer makes in these regards. Circulation/Access/Street Design. The applicant is proposing to extend 69th Street Circle NE from the existing Hunters Pass Estates subdivision into the proposed subdivision expansion. The street will culminate in a cul-de-sac. No additional access to 70th Street is proposed, but residents will gain access via LaSalle Circle, which connects with both 69th Street Circle and 70th Street. The applicant is proposing to construct the 69th Street Circle extension to match right-of-way width and curb-to-curb width as previously approved for the street in Phase I of development (50 feet right of way, and 28 feet curb to curb). The final street design is subject to the review and approval of the City Engineer. Grading and Drainage. The applicant has submitted grading, drainage, and utility plans which are subject to the review and approval of the City Engineer. Wetland Mitigation. The applicant has delineated the wetlands on the site. Proposed lots are located outside of the existing wetland boundary, and wetland areas have been designated as Outlot A, which will be maintained as a permanent drainage and utility easement. Landscaping. The applicant has not provided a landscaping plan. The Zoning Ordinance requires that one shade or evergreen tree be planted per residential lot, which will be required as part of the development agreement. Additionally, all lots backing onto 70th Street must contain a minimum 20 foot in depth vegetative buffer consisting of staggered plantings that meet the City’s screening requirements. This is of particular importance given the expectation of the City that traffic volumes on this road will continue to increase in the future. The applicant shall submit a landscape plan indicating the location of the described buffer planting. The planting plan for Phase II should otherwise adhere to the landscape plan submitted and approved with the final plat for the Hunters Pass Estates PUD in 2005. Park Dedication. According to Ordinance Section 11-7-8-2 of the City Code, the applicant is required to dedicate to the City for park, playground, and public open space purposes a minimum amount of land or cash, or a combination of the two. Phase I park land dedication was accomplished with the creation of a park on the north portion of Hunters Pass Estates, just south of 70th Street. A cash dedication of $3,300 per single family lot will be required for Phase II of development. The required dedication shall be made prior to the City's release of the final plat for filing. Homeowners Association. All property owners in the Hunters Pass Estates 1st Addition are part of the Hunters Pass Estates Homeowners Association (HOA). The HOA adopted a set of architectural guidelines to guide Phase 1 lot and subdivision design. Phase II of development must follow architectural guidelines provided in Phase I of development, and all Hunters Pass Estates 2nd Addition homeowners must join and adhere to standards provided by the Hunters Pass Estates HOA.

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RECOMMENDATION Upon review of the proposed Preliminary and Final Plat for Hunters Pass Estates 2nd Addition, it is staffs’ view that the proposed 12 single family lots are consistent with the intent of the Comprehensive Plan for the subject area. The Planning Commission and the City Council must determine if the requested flexibilities are acceptable. Staff recommends approval of the proposed plats subject to the following conditions: 1. The grading and drainage plan is subject to the review and approval of the City

Engineer. 2. The applicant shall install and maintain wetland demarcation signage at the boundaries

of the wetland buffer. 3. The applicant shall provide a landscape plan illustrating a vegetative buffer planting

along the northern border of the site, between Phase II lots and 70th Street. In addition, one shade or evergreen tree must be planted per residential lot, which will be required as part of the development agreement. All other plantings shall adhere to the landscape plan approved with the final plat for the Hunters Pass Estates PUD in 2005.

4. Provide a park dedication fee totaling $3,300 per individual lot, to be paid prior to the

release of the final plat for filing. 5. The applicant shall address any additional comments from City Staff. 6. The applicant shall adhere to established architectural standards (design guidelines) for

the Hunters Pass subdivision, as adopted by the Hunters Pass Estates Homeowners Association.

7. The applicant shall comply with the recommendations of the Fire Inspector. 8. The final plat shall be brought into the Hunters Pass Estates HOA, and the developer

and Phase II homeowners shall adhere to the HOA declaration, bylaws, and rules, and any addendums to said standards.

c: Sue Schwalbe Kim Olson Paul Heins Mike Couri Nathan Jones, Tollberg Homes, 1428 5th Avenue, Anoka, MN 55303

EXHIBIT A

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EXHIBIT B

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EXHIBIT C

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EXHIBIT D

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EXHIBIT E

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Hunters Pass 2nd Addition – Phase II Minimum Lot Setback Summary

Minimum Front Setback

Minimum Side Setback – House

Side*

Minimum Rear Setback

Block 1 Lot 1 58 15 45 Lot 2 46 10 45 Lot 3 35 10 45 Lot 4 30 10 45 Lot 5 30 13 30 Lot 6 30 13 30 Block 2 Lot 1 30 20 10 Lot 2 30 15 10 Block 3 Lot 1 38 23 10 Lot 2 46 10 10 Lot 3 38 10 10 Lot 4 38 10 10 *A minimum 5 foot side setback is maintained on all lots on the garage side.

EXHIBIT F

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MEMORANDUM TO: Adam Nafstad FROM: Alan Brixius/Michelle Barness DATE: December 5, 2013 RE: Albertville – Food Truck Licensing and Regulation FILE: 163.05 – 13.16 BACKGROUND The City of Albertville has recently experienced requests from food truck vendors to be able to operate in the community. City Ordinance does not currently provide standards specific to the regulation of food trucks, which have thus far been allowed to operate under a transient merchant license and a temporary outdoor seasonal sales permit. Currently food trucks are operating at the Outlet Mall, where food options are currently limited, at public and semi-public events, including the farmers market and Friendly City Days, and at the local hardware store, an independent business. The operation of food trucks in the community raises some questions. In the past, the City has recommended pursuing opportunities for more restaurants, however the transient nature of food trucks poses concerns with regards to potential impacts on other food related businesses. Food trucks are not required to rent or purchase property to conduct their sales, but will compete against established taxpaying restaurants that have invested in real estate. Should the City deem this kind of competition appropriate, they will need to establish regulations for the unique style of operation associated with mobile food vendors. An analysis of local and regional standards pertaining to food trucks follows. The report goes on to provide recommendations for adapting the City Ordinance to better regulate these uses in the community. ANALYSIS Existing Local Regulation for Mobile Food Trucks. The City of Albertville currently regulates the operation of mobile food trucks by requiring interested parties to attain a transient merchant license (City Code Chapter 4) and a temporary outdoor seasonal sales permit (Zoning Ordinance Section 1000.22). Neither City Code Chapter 4 nor Zoning Ordinance

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Section 1000.22 directly refers to the regulation of mobile food trucks, however mobile food trucks can fall within the purview of the definitions provided for transient merchants and temporary outdoor seasonal sales, which are as follows:

Transient Merchant: Any person, whether as principal, employee or agent, who engages in, does, or transacts any temporary or transient business in the city, either in one locality or traveling from place to place in the city selling goods, wares, and merchandise, and who, for the purpose of carrying on such business, hires, leases, occupies or uses a building, structure, vehicle, property, or other place for the exhibition and sale of such goods, wares, and merchandise. (Ord. 2004-14) (Chapter 4, Section 4-4-2 Definitions)

Temporary Outdoor Seasonal Sales: The temporary sale of agricultural produce, Christmas trees, flowers and the like sold and conducted by the operators of a legitimate, established business within the appropriate zoning district in the city. (Zoning Ordinance Section 200.2 Definitions)

Regulations for transient merchants and those addressing temporary outdoor seasonal sales generally overlap, and include standards addressing the time and duration of sales, operation location, and parking and traffic circulation provisions. Transient merchant regulations also define noise level expectations and overnight storage limitations. Outdoor seasonal sale regulations also address maintenance and presentation of the outdoor seasonal sale site. Both the license and the permit require permission from the affected property owner, if different than the applicant. Food truck sales may be ongoing throughout the year, and are mobile in nature. As such, regulation of the use via the transient merchant license alone should be appropriate. On the other hand, the temporary outdoor seasonal sales permit is directed at short term sales, often associated with a permanent business, in which case the regulation of food trucks does not clearly apply. In moving ahead with adapting the Ordinance for the regulation of food trucks, staff recommends focusing on the transient merchant code and not outdoor seasonal sales. State Regulation of Mobile Food Trucks. Minnesota Statutes Chapter 157 Food, Beverage, and Lodging Establishments According to Minnesota Statutes Chapter 157 Food, Beverage, and Lodging Establishments, a license is required annually for anyone engaged in the business of conducting a food and beverage service establishment. To acquire a license, applicants must make application, pay the required licensure fee, and receive approval for their operation, including plan review approval. Food truck licensure in Wright County is provided by the Minnesota Health Department. State Statutes directly address regulation of mobile food trucks, which the State refers to as “mobile food units,” or MFUs. MN Statutes Chapter 157 provides the following definition for food establishments of a temporary or mobile nature, from Section 157.15 Definitions:

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Food cart. A food and beverage service establishment that is a non-motorized vehicle self-propelled by the operator. Mobile food unit. A food and beverage service establishment that is a vehicle mounted unit, either: (1) motorized or trailered, operating no more than 21 days annually at any one place, or operating more than 21 days annually at any one place with the approval of the regulatory authority as defined in Minnesota Rules, part 4626.0020, subpart 70; or (2) operated in conjunction with a permanent business licensed under this chapter or chapter 28A at the site of the permanent business by the same individual or company, and readily movable, without disassembling, for transport to another location. Seasonal permanent food stand. A food and beverage service establishment which is a permanent food service stand or building, but which operates no more than 21 days annually. Seasonal temporary food stand. A food and beverage service establishment that is a food stand which is disassembled and moved from location to location, but which operates no more than 21 days annually at any one location.

Minnesota Food Code, from Minnesota Rules Chapter 4626 The Minnesota Food Code contains the minimum design, installation, construction, operation and maintenance requirements for all food establishments in Minnesota. These rules are the standards with which food establishments must comply in the handling, storing, preparation and service of food to the retail food consumer. Chapter 4626 defines a “food establishment” as including an operation that is conducted in a “mobile, stationary, temporary, or permanent facility, location, or cart, regardless of whether consumption is on or off the premises.” MN Food Code Chapter 4626 provides very specific regulation of mobile food establishments, as described in Section 4626.1860 Mobile Food Establishments; Seasonal Temporary Food Stands; Seasonal Permanent Food Stands. This section of State code regulates different aspects of food truck operation, including mechanical systems, water supply and disposal, washing and sanitation facilities, waste disposal, food preparation and cooking areas, and food preservation/refrigeration. A complete list of state standards can be found in Section 4626.1860. Minnesota Department of Health As indicated earlier, the Minnesota Department of Health (MDH) is the agency responsible for plan review and licensing for mobile food units in Wright County. The MDH enforces regulations provided for Mobile Food Units (MFUs) in MN Statutes Chapter157 and MN Food Code Chapter 4626. The MDH requires individuals or groups interested in operating an MFU to submit a “Temporary/Seasonal Plan Review Application” and required fees at least 30 days prior to beginning new construction or remodeling of an MFU. .

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The MDH plan review process follows these steps: 1. Applicants submit the plan review application, required information and appropriate fee. 2. MDH plan review staff reviews plans in the order they are received. 3. MDH plan review staff calls or emails applicants when review starts, and to request any

needed additional information. 4. When review is complete, applicants receive a letter reporting the findings of the review

(approval or denial). Plan approval letters will include a license application. 5. Applicants begin construction after approval to avoid costly corrections and delayed

openings. 6. Applicants submit the license application and appropriate fee. 7. Applicants contact MDH to request a preoperational inspection. Plan submission must include the following:

• A completed plan review application with the required fees. • Intended menu. • Description of how food will be prepared. • Easily readable floor plan layout indicating the location of all equipment (e.g., cooking

equipment, hood, refrigerators, food prep counters, hand washing sink(s), three-compartment sink, and food prep sink).

• Finish schedule for floors, walls and ceilings. • Manufacturer’s equipment specifications sheets for all equipment, including sinks. • Size of water heater, and fresh water and wastewater holding tanks. • Finishes for counters and cabinetry. • Commissary agreement, if required. • List of intended, scheduled events or areas of operation if known.

In addition, the MDH requires that all plans address the following:

• All food and beverage equipment must meet the standards of NSF International and have an identifiable marking indicating that it meets these standards.

• A ventilation hood and mechanical exhaust system that meets the standards of NSF International must be provided for cooking equipment that produces grease laden vapors, smoke, fumes or condensation.

• A three-compartment sink required for sanitizing utensils, dishes and equipment. The sink must be supplied with hot and cold running water.

• A separate hand washing sink is required and must be supplied with hot and cold running water, soap and paper towels.

• The flooring must be noncorrosive metal or vinyl flooring or equivalent. • The interior wall and ceiling surfaces must be smooth, nonabsorbent and easily

cleanable. Once plans are approved by the MDH and construction or renovation of the MFU is completed, applicants need to follow the following steps to get licensed: 1. Apply for a license. With the MHD plan approval letter, applicants will receive a license

application. The license fee is separate from the plan review fee. Applicants submit the

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completed license application and required license fee before contacting MDH to request a preoperational inspection. They should contact MDH 14 days in advance to schedule a preoperational inspection.

2. Have the MF unit inspected. Applicants bring the MFU or STF to an agreed public

location (e.g., MDH office) for the preoperational inspection. MDH staff cannot conduct inspections at a private residence. All equipment should be present (with the exception of food, which should not be brought into the MFU or STF until MDH approves the unit for operation).

3. Post the license and decal during operation. MDH issues a license and permanent decal

after approval. Applicants post the original license and permanent decal in the unit at all times. The license is valid for one calendar year (January 1 through December 31), and must be renewed annually.

The MHD publication “Mobile Food Unit and Seasonal Temporary Food Stand Construction Guide” provides specific information on equipment and operations regulations for MFUs, which are in line with requirements as provided in MN Food Code Chapter 4626, described earlier in the report. DISCUSSION Considerations for Updating the Albertville City Code for Mobile Food Units The existing Ordinance addresses the transient or temporary nature of operations in a general way. For example, the temporary sale of Christmas trees at a permanent location year after year is currently lumped in with retail food sales from a mobile food truck found throughout the community. As described earlier in the report, the State regulates mobile food units in a specific way, with special attention to managing the health and sanitation aspects of the use in line with how a restaurant would be regulated. It would be difficult for Albertville to incorporate detailed food regulations in the licensure for transient merchants, because as indicated, not all transient merchants have food operations. However, the City Ordinance can be updated to define and identify mobile food units as a separate transient use requiring licensure from the City. The City may wish to group other food related transient uses (food trailers and food carts) in with the mobile food unit transient use license. This will allow the City to provide additional regulations specific to these uses in the Ordinance. In addition, once mobile food units have been clearly defined as a transient use in the Ordinance, the requirement for State licensure and regulation can be directly referenced in the City’s licensure requirements. As the temporary outdoor seasonal sales permit is intended to regulate one time, consecutive day outdoor sales, Mobile Food Unit (MFU) regulation would be better served in combination with transient merchant regulations provided in Chapter 4 of the City Code, which cater to ongoing and transient outdoor operations. Concerns that should be addressed in amending Chapter 4 for mobile food unit licensure include verifying that MFUs have been licensed through the MN Health Department, requiring evidence that the property owner has given permission for MFU operations to proceed, controlling location of MFUs on a property so that they are not located within public right of ways or required parking stalls, and don’t otherwise obstruct site circulation, establishing guidelines for appropriate setup and maintenance of MFU

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sites, and providing for a buffer between MFUs and established restaurants or coffee shops. In addition, the hours of operation for MFUs should be amended to provide extended hours of operation from that currently allowed transient merchants. Code requires transient operations to cease by 4:00 PM, but MFUs can better serve food retail needs over both the lunch and dinner hours, in which case hours of operation should extend into the evening. The operation of MFUs is appropriate in commercial, industrial, or public/institutional districts, which should be identified in Chapter 4 licensing regulations for MFUs. In addition, mobile food units and food carts should be defined in Zoning Ordinance Chapter 0200 Rules and Definitions. Finally, the City may need to integrate regulations specific to ice cream trucks in the food truck transient merchant license. These trucks serve pre-packaged food as opposed to prepared food and are located in a greater variety of zoning districts, and as such require less stringent regulatory conditions. RECOMMENDATION Albertville City Code Chapter 4 Peddlers, Solicitors and Transient Merchants should be amended to provide a definition for mobile food units (under Section 4-4-2 Definitions), and to establish additional specific regulations for mobile food units applying for a transient merchant license (under Section 4-4-6 Additional Restrictions for Transient Merchants). Mobile food units should adhere to all general transient merchant regulations provided in Chapter 4. Additional requirements specific to mobile food units have been provided in a draft ordinance amendment attached to this report. c: Sue Schwalbe Kim Olson Paul Heins Mike Couri

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CITY OF ALBERTVILLE COUNTY OF WRIGHT

STATE OF MINNESOTA

ORDINANCE NO. 2014 - ____

AN ORDINANCE AMENDING CITY CODE CHAPTER 4 (PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS), AND SECTION 200.2 (DEFINITIONS) OF

CHAPTER 0200 (RULES AND DEFINITIONS) IN APPENDIX A (ZONING ORDINANCE), OF THE 2005 ALBERTVILLE MUNICIPAL CITY CODE, RELATING

TO MOBILE FOOD UNIT (FOOD TRUCK) REGULATIONS Section 1. Section 4-4-2 (Definitions) of Chapter 4 (Peddlers, Solicitors and Transient Merchants) is hereby amended as follows: 4-4-2 DEFINITIONS The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: CANVASSER: Any person canvassing for funds door to door in the city on behalf of a charitable, religious or nonprofit organization as defined in internal revenue service code section 501(c)(3). FOOD CART: A food and beverage service establishment that is a non-motorized vehicle self-propelled by the operator. MOBILE FOOD UNIT: A food and beverage service establishment that is a vehicle mounted unit, either: (1) motorized or trailered, operating no more than 21 days annually at any one place, or operating more than 21 days annually at any one place with the approval of the regulatory authority as defined in Minnesota Rules, part 4626.0020, subpart 70; or (2) operated in conjunction with a permanent business licensed under Chapter 157 or Chapter 128A of the Minnesota State Statutes at the site of the permanent business by the same individual or company, and readily movable, without disassembling, for transport to another location. PEDDLER: Any person with no fixed place of business dealing in the city who travels around from place to place, or street to street, carrying or transporting goods, or soliciting for all manner

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of wares, services and merchandise, offering such wares, service or merchandise for sale or making sales and delivering articles to purchasers. SOLICITOR: Any person who goes from place to place and/or house to house soliciting or taking or attempting to take orders for the purchase of any food, wares or merchandise, including magazines, books, periodicals or personal property of any nature whatsoever for delivery in the future, or orders for the performance of a service in or about the home or place of business, such as furnace cleaning, roof repair or blacktopping. TRANSIENT MERCHANT: Any person, whether as principal, employee or agent, who engages in, does, or transacts any temporary or transient business in the city, either in one locality or traveling from place to place in the city selling goods, wares, and merchandise, and who, for the purpose of carrying on such business, hires, leases, occupies or uses a building, structure, vehicle, property, or other place for the exhibition and sale of such goods, wares, and merchandise. (Ord. 2004-14) Section 2. Section 4-4-6 (Additional Restrictions for Transient Merchants) of Chapter 4 (Peddlers, Solicitors and Transient Merchants) is hereby amended as follows: 4-4-6 ADDITIONAL RESTRICTIONS FOR TRANSIENT MERCHANTS F. Mobile food units (MFUs) and food carts are required to meet the additional following standards:

1. MFUs must be licensed by the Minnesota Health Department, and must adhere to State regulations for food trucks as provided in Food Code Chapter 4626.1860 Mobile Food Establishments; Seasonal Temporary Food Stands; Seasonal Permanent Food Stands.

2. MFUs operations are limited to the business, industrial, and public/institutional districts, and are not permitted between the hours of ten o’clock (10:00) P.M. and eight o’clock (8:00) A.M. Ice cream truck vendors may operate in all zoning districts, but must adhere to the described hours of operation.

3. MFU sites shall be kept in a neat and orderly manner, and shall adhere to the following site requirements:

a. Trash and/or recycling collection and cleanup must be provided.

b. MFUs must provide independent power supply which is screened from view. Generators are permitted.

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c. MFUs may not maintain or use outside sound amplifying equipment, televisions or other similar visual entertainment devices, lights or noisemakers such as bells, horns or whistles.

d. MFUs cannot obstruct the movement of pedestrians or vehicles or pose a hazard to public safety.

e. MFUs shall be located on an asphalt or concrete surface.

f. MFUs may not be located within 300 feet of existing restaurants or coffee shops.

g. MFUs must close during adverse weather conditions when shelter is not provided.

4. MFUs must be located on private property, and the applicant must provide written consent from the property owner. MFUs may be located in a public park with approval of the City.

5. Ice cream truck vendors are additionally required to submit to a background check prior to operating in the community.

6. If MFU sites are found to be in non-compliance with any conditions as provided in Chapter 4 of the Ordinance, the City reserves the right to revoke the MFU transient merchant license.

Section 3. Section 200.2 (Definitions) of Chapter 0200 (Rules and Definitions) of Appendix A (Zoning Ordinance) is hereby amended as follows: 200.2: DEFINITIONS: TEMPORARY OUTDOOR SEASONAL SALES: The temporary sale of agricultural produce, Christmas trees, flowers and the like sold and conducted by the operators of a legitimate, established business within the appropriate zoning district in the city. City licensed mobile food units and food carts as defined in Section 4-4-2 of this code do not fall within this definition, and are exempt from temporary outdoor seasonal sale requirements as provided in Section 1000.22 of the ordinance.

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THIS AMENDMENT SHALL BE IN FULL FORCE AND EFFECTIVE IMMEDIATELY FOLLOWING ITS PASSAGE AND PUBLICATION. Approved by the Albertville City Council this _____ day of _______________ 2014. __________________________ Jillian Hendrickson, Mayor __________________________ Kimberly Olson, City Clerk

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CITY OF ALBERTVILLE COUNTY OF WRIGHT

STATE OF MINNESOTA

MOBILE FOOD UNIT PERMIT NO. ____________

The City of Albertville issues a Mobile Food Unit (MFU) Permit to _____________________________________________,

provided the following conditions are met and satisfied:

1. This permit shall run for the calendar year _________ and will expire without further action by the City of Albertville on ______________________.

2. The permit holder must provide property owner permission for mobile food unit

operations, for the property located at _____________________________________. 3. The mobile food unit must be licensed by the Minnesota Health Department, and

must adhere to State regulations for food trucks as provided in Food Code Chapter 4626.1860 Mobile Food Establishments; Seasonal Temporary Food Stands; Seasonal Permanent Food Stands.

4. The mobile food unit must adhere to all other applicable regulations provided in

Chapter 4 of the Albertville City Code. 5. Upon granting the Mobile Food Unit license, if the MFU site is found to be in non-

compliance with the conditions of this permit or mobile food unit regulations as provided in Chapter 4 of the Albertville City Code, the City reserves the right to revoke said license.

________________________________________ Date:__________________ Adam Nafstad, Albertville, City Administrator ________________________________________ Date:__________________ Permit holder:

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MEMORANDUM TO: Adam Nafstad FROM: Emily Shively/Alan Brixius DATE: December 5, 2013 RE: Albertville – Residential Daycare Providers and Home Occupation

Permitting FILE: 163.05 - 13.12 BACKGROUND A complaint was received in mid-October regarding a daycare being run out of a residential property located at 11600 52nd Street NE. The complainant stated that there was excessive noise coming from the property and inquired as to the regulation of home daycare and whether there were any conditions related to noise impact on adjoining properties. REGULATION OF HOME DAYCARE State Licensure. Home daycare facilities are licensed by the state. Licensing and regulation is delegated to county human services departments that are responsible for issuing licenses, ensuring compliance with regulations, and handling complaints. The licensing process includes a home visit by the county human services licensor. Licensees are required to comply with all local ordinances. The Minnesota Administrative Rule also identifies care providers who are exempt from licensure (9502.0325 Subp.3). These include:

A. Day care provided by a relative to only related children; or B. Day care provided to children from a single, unrelated family, for any length of

time; or C. Day care provided for a cumulative total of less than 30 days in any 12-month

period; or D. The exclusions contained in items A and B are mutually exclusive.

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Zoning Ordinance. A review of the ordinance found inconsistencies between ordinance sections as they relate to residential daycare. Daycare facilities serving 12 or fewer persons in a single family dwelling are a permitted use in all residential districts. However, residential daycare is also regulated under Home Occupations (Chapter 1600) and requires a permit or license; this chapter is not referenced in the residential district section noted above. Chapter 1600 distinguishes between “family day care” which is a permitted home occupation and requires a home occupation permit ($30 fee and administrative issuance) and “daycare - group nursery” which requires a special home occupation license “which shall be applied for, reviewed and disposed of in accordance with the provisions of Chapter 400 of this Ordinance.” The special home occupation license fee ranges from $300/$1,000; Chapter 400 outlines the conditional use permit process and review standards, including Planning Commission and City Council review. Definitions. The Zoning Ordinance does not provide definitions for either family daycare or daycare group nursery; however, Minnesota Administrative Rules Chapter 9502, Licensing of Day Care Facilities provides the following related definitions:

Family day care. "Family day care" means day care for no more than ten children at one time of which no more than six are under school age. The licensed capacity must include all children of any caregiver when the children are present in the residence. Group family day care. "Group family day care" means day care for no more than 14 children at any one time. The total number of children includes all children of any caregiver when the children are present in the residence.

These State definitions appear to correlate with the intended differentiation in the Chapter 1600 of the Zoning Ordinance. However, they are still inconsistent with the “12 or fewer persons” reference in the residential district section. Further, the definition for “Daycare Facility” in Chapter 200 of the Zoning Ordinance does not reference number at all:

DAYCARE FACILITY: Any state licensed facility, public or private, which, for gain or otherwise, regularly provides one or more persons with care, training, supervision, habilitation, rehabilitation, or developmental guidance on a regular basis, for periods of less than twenty four (24) hours per day, in a place other than the person's own home. "Daycare facilities" include, but are not limited to: family daycare homes, group family daycare homes, daycare centers, day nurseries, nursery schools, daytime activity centers, day treatment programs, and day services.

Zoning Ordinance Requirements and General Provisions. Section 1600.4 lists conditions that all home occupations must comply with and provides a framework for ensuring that home occupation activities do not have a detrimental impact on adjoining properties. The provisions address noise and nuisance issues, hours of operation, and

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parking along with other standards that relate to compatibility of the use with the surrounding neighborhood. COMPLAINT INVESTIGATION A list of licensed home daycare providers can be found online at the MN Department of Human Services website (Exhibit A). The property where the complaint was generated is listed as currently licensed. The DHS online report notes that the initial effective date for the license at this address was June 19, 2006 and the current license was issued on June 1, 2013 and will expire on June 1, 2015. The licensee has a capacity of 12 children (10 years of age and younger) at this property. This particular license is for Group Family Day Care (C2) which requires one adult caregiver and allows up to 10 children under kindergarten age of which no more than one may be an infant and one may be a toddler (Exhibit B). There is no record of a home occupation permit being issued by the City for this address; however, the licensed capacity at this residence is permitted under the residential district standards. A review of State licensed providers in Wright County found that 40 residential daycare providers are currently licensed in Albertville. It is unlikely that any have obtained home occupation permits or special home occupation licenses from the City. Complaints regarding licensed (or illegal, un-licensed providers) are handled by Wright County Human Services Child Care Licensing (763-682-7485 or via e-mail to dclicensing@co.wright.mn.us). The intake social worker will gather relevant information and pass it on to a licensing inspector. Complainant information is kept confidential. In this case, the complaint is regarding a noise/nuisance issue that is regulated by the City’s Zoning Ordinance (either under Chapter 5 or Chapter 1600). However, as the proprietor has not received a City permit, enforcement proceedings are not entirely straightforward. Furthermore, due to the inconsistencies in the Zoning Ordinance, it is unclear whether or not the provider is even required to have a home occupation permit. RECOMMENDATION Regarding the specific complaint, the care provider at 11600 52nd Street NE could be contacted and made aware that a noise complaint has been made. This could be handled in the same or similar manner for any noise complaint under Chapter 5. The complainant may be advised that the home in question is a licensed daycare provider and this type of home daycare is a permitted use in the residential district. Any further issues or concerns should be addressed to Wright County Human Services.

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Given that there are currently 40 residential daycare providers in Albertville and the Zoning Ordinance contains conflicts regarding this use, the City needs to determine how to proceed with permitting requirements for residential daycare providers. The City may choose to bring existing providers into compliance with the home occupation requirements of the ordinance and dedicate sufficient staff resources to that effort, or pursue an ordinance amendment that describes different terms and conditions for providing residential daycare services in the City. We are recommending that the Zoning Ordinance be amended to accomplish the following:

• Add language to the definition of “daycare facilities” to reference State rule definitions for added clarity.

• Allow state licensed daycare facilities serving 14 or fewer persons in a single family

dwelling as a permitted accessory use in all residential districts (including A-1 and A-2), subject to the standards outlined in Section 1600.4.A and B (this section should be amended to allow hours of operation to begin at 6:00 AM to allow for early drop-off times). This will provide for congruence with State licensure capacity standards and address potential land use impacts in residential neighborhoods. State licensing of residential daycare facilities does not permit more than 14 children and a license at that capacity requires two caregivers. Daycare facilities serving more than 14 children are considered center based child care by the State and would be required to be located in commercial districts in the City.

• Allow all other listed permitted home occupations as permitted accessory uses in

all residential districts, without requiring a permit or fee, subject to the standards outlined in Section 1600.4.A. and B. These very low intensity uses include: art studio, dressmaking, secretarial services, foster care, professional offices and teaching with musical, dancing and other instructions which consists of no more than one pupil at a time, and similar uses. These uses do not seem to rise to the level of needing a permit with administrative review.

• Remove the requirement for a conditional use permit for special home

occupations in Section 1600.3.B and issue permits for these uses administratively with a $30 license fee. The uses identified as special home occupations (barber and beauty services, daycare-group nursery, photography studio, group lessons, saw sharpening, small appliances and small engine repair) may have greater impacts on adjacent properties and should be subject to staff review, but do not rise to the level of requiring Planning Commission and City Council review and higher permit fees.

These changes will allow for existing home occupation uses (including home daycare) to continue and be subject to performance standards, reduce the requirements for home occupations that have little or no impact on adjacent properties, and provide for additional regulatory oversight for home occupations that may have a greater land use impact in residential neighborhoods. The proposed text amendments are attached for Planning Commission consideration.

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Attachment A Chapter 1600: Home Occupations (with proposed amendments) Attachment B Draft Ordinance Amendments c: Sue Schwalbe Kim Olson Paul Heins Mike Couri

Mn Department of Human Services Licensed Family Child Care in Albertville (Current as of October 17, 2013)

Last NameFirst Name C

apac

ity Initial Effective Date

Current Effective Date

Expiration Date

License Class

Alexander Tonia 5524 Kalenda Dr NE Albertville MN 55301 763 497-5443 12 1/6/2006 1/1/2013 1/1/2015 C2Asleson Andrea 10572 62nd St NE Albertville MN 55301-431 763 242-8177 10 4/19/2013 4/19/2013 4/1/2014 ABerning Susan 6062 Kaiser Circle NE Albertville MN 55301 763 497-1553 10 8/28/2003 8/1/2012 8/1/2014 C2Berning Jennifer 10142 Karston Ave NE Albertville MN 55301 763 497-7362 12 2/19/2004 12/1/2012 12/1/2014 C1Bjokne Jessica 5472 Kahl Ave NE Albertville MN 55301-3505 763 258-6255 10 1/19/2010 1/1/2013 1/1/2015 C1Bogenholm Charae 11210 54 1/2 St NE Albertville MN 55301 763 497-7168 12 9/8/2005 9/1/2013 9/1/2015 C2Bongaarts Tricia 9411 65th St NE Albertville MN 55301-9713 763 497-3308 14 3/4/2011 3/1/2012 3/1/2014 C3Caza Karen 5479 Kali Ave NE Albertville MN 55301 763 497-7340 12 5/25/2007 5/1/2012 5/1/2014 C2Colvin Crystal 10586 48th St NE Albertville MN 55301 763 497-0588 12 2/1/2011 4/9/2012 2/1/2014 C2Cushman Shirley 10545 50th Ct NE Albertville MN 55301 763 497-6099 12 5/16/2003 5/9/2012 5/1/2014 C2Edgren Mary 10172 Karston Ct NE Albertville MN 55301-4610 763 497-7761 12 6/16/2009 6/1/2012 6/1/2014 C2Ellison Lauri 6118 Kahl Ave NE Albertville MN 55301 763 497-9776 12 9/25/2003 9/1/2012 9/1/2014 C2Engstrom Mary 6221 Karston Drive NE Albertville MN 55301 763 219-5108 10 9/16/2002 9/1/2013 9/1/2015 C1Fehn Maria 11510 53rd St NE Albertville MN 55301-397 763 227-0380 10 7/22/2013 7/22/2013 7/1/2014 AFolkestad Justine 10632 61st St NE Albertville MN 55301 763 497-3878 10 10/16/2000 10/1/2013 10/1/2015 C1Howard Andrea 10439 52nd St NE Albertville MN 55301 612 716-3847 12 10/4/2006 10/1/2013 10/1/2015 C2Jaycox Shannon 6112 Kaiser Ln NE Albertville MN 55301 763 515-3906 14 4/29/2009 8/10/2012 4/1/2014 C3Jaycox StevenJohnson Valerie 10548 62nd St NE Albertville MN 55301-431 763 244-4259 10 6/3/2012 6/3/2013 6/1/2015 C1Johnson Kristine 6092 Kahler Dr NE Albertville MN 55301 763 497-1641 10 11/7/2006 11/1/2011 11/1/2013 C1Jorgensen Wendy 10271 Karston Ave NE Albertville MN 55301 763 497-0470 10 8/15/2002 8/1/2013 8/1/2015 C2Kippley Patricia 11352 54 1/2 St NE Albertville MN 55301 12 2/13/2008 2/1/2013 2/1/2015 C2Krutzig Janet 5553 Lannon Ave NE Albertville MN 55301 763 497-3459 12 11/17/1999 11/1/2011 11/1/2013 C2Lake Karie 10290 Karston Ave NE Albertville MN 55301 612 483-6085 12 2/3/2012 2/1/2013 2/1/2015 C2Logan Jessica 5487 Kalenda Drive NE Albertville MN 55301 763 497-7178 12 2/6/2003 2/1/2012 2/1/2014 C2McAlpine Tiffany 11600 52nd St NE Albertville MN 55301-3926 612 723-5745 12 6/19/2006 6/1/2013 6/1/2015 C2Milless Patrice 6203 Karmen Ave NE Albertville MN 55301-4647 763 497-1666 12 4/28/2010 4/1/2013 4/1/2015 C2Monsrud Erin 10527 61st Pl NE Albertville MN 55301 763 497-4469 12 10/28/2005 10/1/2012 10/1/2014 C2Noska Darlene 11337 53rd St NE Albertville MN 55301 763 497-2436 12 7/23/1993 7/1/2012 7/1/2014 C2Oakvik Sharon 6168 Kahl Ave NE Albertville MN 55301 763 497-9905 14 12/8/2004 12/1/2012 12/1/2014 C3Olson Kelly 6278 Kahler Dr NE Albertville MN 55301-4307 763 742-8657 12 10/14/2013 10/14/2013 10/1/2014 C2Peltz Jennifer 11446 53rd St NE Albertville MN 55301-3994 763 497-8861 12 3/1/2010 5/29/2013 3/1/2015 C2Richards Wendy 5498 Kalland Ave Albertville MN 55301-4337 763 497-4477 12 8/30/1996 8/1/2013 8/1/2015 C2

PhoneAddress

EXHIBIT A36

Mn Department of Human Services Licensed Family Child Care in Albertville (Current as of October 17, 2013)

Last NameFirst Name C

apac

ity Initial Effective Date

Current Effective Date

Expiration Date

License ClassPhoneAddress

Rostad Debbie 5561 Lake Ave NE Albertville MN 55301 763 497-5963 10 5/5/2000 5/1/2012 5/1/2014 C1Rux Tiffany 6115 Kaitlin Ave NE Albertville MN 55301-4503 763 515-3017 14 2/15/2011 9/3/2013 2/1/2014 C3Smiley Cari 10765 53rd St NE Albertville MN 55301-461 763 497-1486 12 1/26/2009 1/1/2012 1/1/2014 C2Smith Tami 5518 Kalenda Drive Albertville MN 55301 763 443-9274 12 8/11/1999 8/1/2013 8/1/2015 C2Thurman Nicole 6220 Kaitlin Ave NE Albertville MN 55301 763 497-4064 14 12/14/2006 12/1/2011 12/1/2013 C3Veenhuis Norma 5697 Lannon Circle NE Albertville MN 55301-9797 763 497-4817 10 8/30/2006 8/1/2013 8/1/2015 C1Vosberg Kimberly 10540 50th Ct NE Albertville MN 55301 763 242-0874 12 10/1/2004 10/1/2013 10/1/2015 C2Wedel Jill 10615 61st St NE Albertville MN 55301 763 497-6663 12 12/1/2004 12/1/2011 12/1/2013 C2

EXHIBIT A37

Licensed Capacity

Child/Adult Ratios and Age Restrictions

Class

LicensedCapacity -All Children10 & Under

Adults

TotalChildrenUnder

Kindergarten

Total Infants (6 weeks to 12 months) andToddlers (12 months to 24 months)

Family Day CareA 10 1 6 Of the total children under Kindergarten, a

combined total of no more than three shallbe infants and toddlers. Of this total, nomore than two shall be infants.

Specialized Infant and Toddler Family Day CareB1 5 1 3 No more than three shall be infants.B2 6 1 4 No more than two shall be infants.

Group Family Day CareC1 10 1 8 Of the total children under Kindergarten, no

more than three shall be infants andtoddlers. Of this total, no more than twoshall be infants.

C2 12 1 10 Of the total children under Kindergarten, nomore than two shall be infants and toddlers. Of this total, no more than one shall be aninfant.

C3 14 2A helper may be used in placeof a 2nd caregiver when thereis no more than one infant or

toddler present.

10 Of the total children under Kindergarten, acombined total of no more than four shall beinfants and toddlers. Of this total, no morethan three shall be infants.

Specialized Infant and Toddler Group Family Day CareD 9 2

Both caregivers shall be adults.7-tod Of the total children, no more than four shall

be infants.

Source: Wright County Human Services EXHIBIT B38

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Attachment A

Chapter 1600: HOME OCCUPATIONS Proposed amendments

1600.1: PURPOSE:

The purpose of this chapter is to prevent unfair competition with business districts and to provide a means through the establishment of specific standards and procedures by which home occupations can be conducted in residential neighborhoods without jeopardizing the health, safety and general welfare of the surrounding neighborhood. In addition, this chapter is intended to provide a mechanism enabling the distinction between permitted home occupations and special or customarily "more sensitive" home occupations so that permitted home occupations may be allowed through an administrative process rather than a legislative hearing process. (Ord. 1988-12, 12-19-1988) 1600.2: APPLICATION: Subject to the nonconforming use provisions of this ordinance, all occupations conducted in the home shall comply with the provisions of this chapter. This chapter shall not be construed, however, to apply to home occupations accessory to farming. (Ord. 1988-12, 12-19-1988) 1600.3: PROCEDURES AND PERMITS: A. Permitted Home Occupation: Any permitted home occupation, as defined in this chapter, shall be a permitted accessory use without requiring the issuance of a city license provided they comply with the requirements of Sections 1600.4.A. and 1600.4.B. of this ordinance. shall require a permitted home occupation license. Such license shall be issued subject to the conditions of this chapter, other applicable city regulations and state law. This license may be issued by the zoning administrator or his agent based upon proof of compliance with the provisions of this chapter. Application for the permitted home occupation license shall be accompanied by a fee established by section 100.10 of this ordinance. If the administrator denies a permitted home occupation license to an applicant, the applicant may appeal the decision to the board of adjustment and appeals, which shall make the final decision. The license shall remain in force and effect until such time as there has been a change in conditions or until such time as the provisions of this chapter have been changed. At such time as the city has reason to believe that either event has taken place, a public hearing shall be held before the planning commission. The council shall make a final decision on whether or not the permit holder is entitled to the license. B. Special Home Occupation: Any home occupation which does not meet the specific requirements for a permitted home occupation, as defined in this chapter, shall require a special home occupation license which shall be applied for, reviewed and disposed of in accordance with the provisions of chapter 400 of this ordinance. Such

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license shall be issued subject to the conditions of this chapter, other applicable city regulations and state law. This license may be issued by the zoning administrator or his agent based upon proof of compliance with the provisions of this chapter. Application for the permitted home occupation license shall be accompanied by a fee established by section 100.10 of this ordinance. If the administrator denies a special home occupation license to an applicant, the applicant may appeal the decision to the city council, which shall make the final decision. The license shall remain in force and effect until such time as there has been a change in conditions or until such time as the provisions of this chapter have been changed. At such time as the city has reason to believe that either event has taken place, a public hearing shall be held before the planning commission. The council shall make a final decision on whether or not the permit holder is entitled to the license. C. Declaration Of Conditions: The planning commission and the councilzoning administrator may impose such conditions of the granting of a special home occupation license as may be necessary to carry out the purpose and provisions of this chapter. D. Effect Of License: A special home occupation license may be issued for a period of one year, after which the license may be renewed for periods of up to three (3) years each. Each application for license renewal shall, however, be processed in accordance with the procedural requirements of the initial special home occupation license. E. Lapse Of Special Home Occupation License By Nonuse: Whenever, within one year after granting a license, the use as permitted by the license shall not have been initiated, then such license shall become null and void unless a petition for extension of time in which to complete the work has been granted by the council. Such extension shall be requested in writing and filed with the zoning administrator at least thirty (30) days before the expiration of the original license. There shall be no charge for the filing of such petition. The request for extension shall state facts showing a good faith attempt to initiate the use. Such petition shall be presented to the planning commission for a recommendation and to the council for a decision. F. Reconsideration: Whenever an application for a license has been considered and denied by the council, a similar application for a license affecting substantially the same property shall not be considered again by the planning commission or council for at least six (6) months from the date of its denial unless a decision to reconsider such matter is made by not less than four-fifths (4/5) vote of the entire city council. G. Reiteration Of License: An applicant shall not have a vested right to a license renewal by reason of having obtained a previous license. In applying for and accepting a license, the license holder agrees that his monetary investment in the home occupation will be fully amortized over the life of the license and that a license renewal will not be needed to amortize the investment. Each application for the renewal of a license will be reviewed without taking into consideration that a previous license has been granted. The previous granting or renewal of a license shall not constitute a precedent or basis for the renewal of a license. (Ord. 1988-12, 12-19-1988; amd. 2005 Code)

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1600.4: REQUIREMENTS; GENERAL PROVISIONS: All home occupations shall comply with the following general provisions and, according to definition, the applicable requirement provisions. A. General Provisions:

1. No home occupation shall produce light glare, noise, odor or vibration that will in any way have an objectionable effect upon adjacent or nearby property. 2. No equipment shall be used in the home occupation which will create electrical interference to surrounding properties. 3. Any home occupation shall be clearly incidental and secondary to the residential use of the premises, should not change the residential character thereof, and shall result in no incompatibility or disturbance to the surrounding residential uses. 4. No home occupation shall require internal or external alterations or involve construction features not customarily found in dwellings except where required to comply with local and state fire and police recommendations. 5. There shall be no exterior storage of equipment or materials used in the home occupation, except personal automobiles used in the home occupation may be parked on the site. 6. The home occupation shall meet all applicable fire and building codes1. 7. There shall be no exterior display or exterior signs or interior display or interior signs which are visible from outside the dwelling with the exception of directional and identification/business signs to the extent authorized by the provisions of the city code relating to signs2. 8. All home occupations shall comply with all Albertville city regulations. 9. No home occupation shall be conducted between the hours of ten o'clock (10:00) P.M. and seven six o'clock (76:00) A.M. unless said occupation is contained entirely within the principal building and will not require any on street parking facilities. 10. Home occupations shall not create a parking demand in excess of that which can be accommodated in an existing driveway, where no vehicle is parking closer than fifteen feet (15') from the curb line or edge of paved surface.

B. Requirements; Permitted Home Occupation:

1. No person other than those who customarily reside on the premises shall be employed.

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2. All permitted home occupations shall be conducted entirely within the principal building and may not be conducted in an accessory building. 3. Permitted home occupations include, and are limited to: art studio, dressmaking, secretarial services, state licensed daycare facilities serving 14 or fewer childrenfamily daycare, foster care, professional offices and teaching with musical, dancing and other instructions which consists of no more than one pupil at a time, and similar uses. 4. The home occupation shall not involve any of the following: repair service or manufacturing which requires equipment other than found in a home; teaching which customarily consists of more than one pupil at a time; over the counter sale of merchandise produced off the premises.

C. Requirements; Special Home Occupation:

1. No person, other than a resident, shall conduct the special home occupation, except where the applicant can satisfactorily prove unusual or unique conditions or need for nonresident assistance and that this exception would not compromise the intent of this ordinance. 2. Examples of special home occupations include: barber and beauty services, state licensed daycare facilities serving 14 or fewer children with two or more employeesdaycare-group nursery, photography studio, group lessons, saw sharpening, small appliances and small engine repair and the like. 3. The special home occupation may involve any of the following: stock in trade incidental to the performance of the service, repair service or manufacturing which requires equipment other than customarily found in a home, the teaching with musical, dancing and other instruction of more than one pupil at a time. 4. Special home occupations may be allowed to accommodate their parking demand through utilization of on street parking. In such case where on street parking facilities are necessary, however, the council shall maintain the right to establish the maximum number of on street spaces permitted and increase or decrease that maximum number when and where changing conditions require additional review. (Ord. 1988-12, 12-19-1988; amd. 2005 Code)

1600.5: NONCONFORMING USE: Existing home occupations lawfully existing on the effective date hereof may continue as nonconforming uses. They shall, however, be required to obtain licenses for their continued operation. Any existing home occupation that is discontinued for a period of more than one hundred eighty (180) days, or is in violation of the provisions of this ordinance under which it was initially established, shall be brought into conformity with the provisions of this chapter. (Ord. 1988-12, 12-19-1988)

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1600.6: INSPECTION: The city hereby reserves the right upon issuing any home occupation license to inspect the premises in which the occupation is being conducted to ensure compliance with the provisions of this chapter or any conditions additionally imposed. (Ord. 1988-12, 12-19-1988)

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Attachment B

DRAFT

ORDINANCE NO. 13-_______

AN ORDINANCE AMENDING APPENDIX A, ZONING ORDINANCE OF THE ALBERTVILLE CITY CODE RELATED TO CHANGES TO SECTION 100.10, FEES,

CHARGES AND EXPENSES; SECTION 200.2, DEFINITIONS; CHAPTER 1600, HOME OCCUPATIONS; CHAPTER 3100, A-1 AGRICULTURAL DISTRICT

ACCESSORY USES; CHAPTER 3200, A-2 AGRICULTURAL TRANSITIONAL DISTRICT ACCESSORY USES; AND CHAPTER 3250, R-1A, RESIDENTIAL LOW

DENSITY SINGLE FAMILY DISTRICT PERMITTED USES

THE CITY COUNCIL OF THE CITY OF ALBERTVILLE ORDAINS: Section 1. Chapter 0100 Title and Application Section 0100.10 Fees, Charges, and Expenses of the Albertville City Code is hereby amended to repeal the strikeouts and add the following underlined text:

1600.3A Home occupation $30.00

1600.3B Special home occupation permit $300.00/$1,000.00 $30.00

Section 2. Chapter 0200 Rules and Definitions, Section 200.2 Definitions of the Albertville City Code is hereby amended to add the following underlined text:

DAYCARE FACILITY: Any state licensed facility, public or private, which, for gain or otherwise, regularly provides one or more persons with care, training, supervision, habilitation, rehabilitation, or developmental guidance on a regular basis, for periods of less than twenty four (24) hours per day, in a place other than the person's own home. "Daycare facilities" include, but are not limited to: family daycare homes, group family daycare homes, daycare centers, day nurseries, nursery schools, daytime activity centers, day treatment programs, and day services as further defined by the state.

Section 3. Chapter 1600 Home Occupations, Section 1600.3. Procedures and Permits of the Albertville City Code is hereby amended to repeal the strikeouts and add the following underlined text:

A. Permitted Home Occupation: Any permitted home occupation, as defined in this chapter, shall be a permitted accessory use without requiring the issuance

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of a city license provided they comply with the performance standards of Section 1600.4.A. and 1600.4.B of this ordinance shall require a permitted home occupation license. Such license shall be issued subject to the conditions of this chapter, other applicable city regulations and state law. This license may be issued by the zoning administrator or his agent based upon proof of compliance with the provisions of this chapter. Application for the permitted home occupation license shall be accompanied by a fee established by section 100.10 of this ordinance. If the administrator denies a permitted home occupation license to an applicant, the applicant may appeal the decision to the board of adjustment and appeals, which shall make the final decision. The license shall remain in force and effect until such time as there has been a change in conditions or until such time as the provisions of this chapter have been changed. At such time as the city has reason to believe that either event has taken place, a public hearing shall be held before the planning commission. The council shall make a final decision on whether or not the permit holder is entitled to the license. B. Special Home Occupation: Any home occupation which does not meet the specific requirements for a permitted home occupation, as defined in this chapter, shall require a special home occupation license which shall be applied for, reviewed and disposed of in accordance with the provisions of chapter 400 of this ordinance. Such license shall be issued subject to the conditions of this chapter, other applicable city regulations and state law. This license may be issued by the zoning administrator or his agent based upon proof of compliance with the provisions of this chapter. Application for the permitted home occupation license shall be accompanied by a fee established by section 100.10 of this ordinance. If the administrator denies a special home occupation license to an applicant, the applicant may appeal the decision to the city council, which shall make the final decision. The license shall remain in force and effect until such time as there has been a change in conditions or until such time as the provisions of this chapter have been changed. At such time as the city has reason to believe that either event has taken place, a public hearing shall be held before the planning commission. The council shall make a final decision on whether or not the permit holder is entitled to the license. C. Declaration Of Conditions: The planning commission and the council zoning administrator may impose such conditions of the granting of a special home occupation license as may be necessary to carry out the purpose and provisions of this chapter.

Section 4. Chapter 1600 Home Occupations, Section 1600.4.A. Requirements; General Provisions of the Albertville City Code is hereby amended to repeal the strikeouts and add the following underlined text:

9. No home occupation shall be conducted between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) six o’clock (6:00) A.M. unless said occupation is contained entirely within the principal building and will not require any on street parking facilities.

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Section 5. Chapter 1600 Home Occupations, Section 1600.4.B. Requirements; Permitted Home Occupation of the Albertville City Code is hereby amended to repeal the strikeouts and add the following underlined text:

3. Permitted home occupations include, and are limited to: art studio, dressmaking, secretarial services, state licensed daycare facilities serving 14 or fewer children family daycare, foster care, professional offices and teaching with musical, dancing and other instructions which consists of no more than one pupil at a time, and similar uses.

Section 6. Chapter 1600 Home Occupations, Section 1600.4.C. Requirements; Special Home Occupation of the Albertville City Code is hereby amended to repeal the strikeouts and add the following underlined text:

2. Examples of special home occupations include: barber and beauty services, state licensed daycare facilities serving 14 or fewer children with two or more employees daycare-group nursery, photography studio, group lessons, saw sharpening, small appliances and small engine repair and the like.

Section 7. Chapter 3250 R-1A Residential Low Density Single-Family District, Section 3250.2 Permitted Uses of the Albertville City Code is hereby amended to repeal the strikeouts:

Daycare facilities serving twelve (12) or fewer persons in a single-family dwelling.

Section 8. Chapter 3100 A-1 Agricultural Rural District, Section 3100.3 Accessory Uses of the Albertville City Code is hereby amended to add the following underlined text:

Home occupations as regulated by chapter 1600 of this ordinance. This includes state licensed daycare facilities serving fourteen (14) or fewer persons in a single-family dwelling provided they comply with the performance standards outlined in Section 1600.4.A. and 1600.4.B.

Section 9. Chapter 3200 A-2 Agricultural Transitional District, Section 3200.3 Accessory Uses of the Albertville City Code is hereby amended to add the following underlined text:

Home occupations as regulated by chapter 1600 of this ordinance. This includes state licensed daycare facilities serving fourteen (14) or fewer persons in a single-family dwelling provided they comply with the performance standards outlined in Section 1600.4.A. and 1600.4.B.

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Section 10. Effective Date. This ordinance shall be effective upon passage and publication. APPROVED this _________ day of _________________ 2014. ________________________________ Jillian Hendrickson, Mayor ATTEST: ___________________________________ Kimberly Olson, City Clerk