CITY OF CLOQUET City Council Agenda Wednesday, November 5, :00 p.m. City Hall Council Chambers

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1 CITY OF CLOQUET City Council Agenda Wednesday, November 5, :00 p.m. City Hall Council Chambers CITY COUNCIL WORK SESSION 5:30 p.m. Future Work Session Meeting Agenda Items 5:35 p.m. Proposed Rental Housing Ordinance 6:30 p.m. Highway 33 Landscape Projects Sub-Committee Identification 1. Roll Call. 2. Approval of Agenda. a. Approval of November 5, 2014 Council Agenda. 3. Approval of Council Minutes. a. Work Session Minutes from the October 21, 2014 meeting. b. Regular Council Minutes from the October 21, 2014 meeting. 4. Consent Agenda. Items in the Consent Agenda are considered routine and will be approved with one motion without discussion/debate. The Mayor will ask if any Council members wish to remove an item. If no items are to be removed, the Mayor will then ask for a motion to approve the Consent Agenda. a. Resolution No , Authorizing the Payment of Bills and Payroll. b. New License to Sell Tobacco and Tobacco Products - Kwik Trip, Inc. c. New Off Sale 3.2% Malt Liquor License - Kwik Trip, Inc. d. Resolution No , A Resolution Approving Exempt Permit to Conduct a Raffle Event at Cloquet Armory-Minnesota National Guard. 5. Public Hearings. None. 6. Presentations. Mayor s Proclamation - Small Business Saturday.

2 CITY OF CLOQUET City Council Agenda Wednesday, November 5, :00 p.m. City Hall Council Chambers 7. Council Business. a. Utility Maintenance Person Appointment. b. Railroad Quiet Zone. c. Conditional Use Permit Amendment to Allow for the Expanded Hours of Operation for Shamrock Landfill. d. Resolution No , Approve Plans by Carlton County for Roadway and Bridge Improvements along University Road from Moorhead Road, North to Airport Road. 8. Public Comments. Please give your name, address, and your concern or comments. Visitors may share their concerns with the City Council on any issue, which is not already on the agenda. Each person will have 3 minutes to speak. The Mayor reserves the right to limit an individual s presentation if it becomes redundant, repetitive, irrelevant, or overly argumentative. All comments will be taken under advisement by the Council. No action will be taken at this time. 9. Commission Liaison Reports, Council Comments, Announcements, and Updates. 10. Adjournment.

3 ADMINISTRATIVE OFFICES 1307 Cloquet Avenue Cloquet MN Phone: Fax: REQUEST FOR COUNCIL ACTION To: Mayor and City Council From: Brian Fritsinger, City Administrator Date: October 28, 2014 ITEM DESCRIPTION: Future Work Session Agenda Planning Proposed Action The City Council is asked to provide input for the upcoming City Council work session meeting agenda. Background/Overview The City Council typically meets in a work session format prior to each regular City Council meeting to discuss items not otherwise on the regular meeting. To ensure that the City Council is provided opportunity to give input regarding future work session agenda items, staff is suggesting the Council be given an opportunity at each meeting. Approximately 5 minutes will be set aside at the start of each work session to discuss the next work session meeting. For this purpose, attached the Council will find the tentative agenda and proposed discussion items for the upcoming work session meeting. Policy Objectives Does the City Council agree with the agendas as proposed? Financial/Budget/Grant Considerations None. Advisory Committee/Commission Action None. Supporting Documentation Attached Upcoming agenda item list.

4 TENTATIVE UPCOMING COUNCIL AGENDA ITEMS NOVEMBER 18 ADM... Work Session - Future Work Session Meeting Agenda Items ADM... Work Session - Public Facilities Study Overview (BKV) DECEMBER 2 ADM... Work Session - Future Work Session Meeting Agenda Items ADM... Work Session - Preliminary 2015 Budget/Levy/CIP ADM... Work Session - Minnesota Green Step Cities/Local Sustainability/Environment ADM... Work Session - Friends of Animals Contract DECEMBER 16 ADM... Work Session - Future Work Session Meeting Agenda Items ADM... Work Session - Preliminary 2015 Budget/Levy/CIP ADM... Work Session - CITY COUNCIL PICTURE NIGHT

5 Community Development Department 1307 Cloquet Avenue Cloquet MN Phone: Fax: REQUEST FOR COUNCIL ACTION To: Mayor and City Council From: Al Cottingham, City Planner/Zoning Administrator Reviewed/Approved By: Brian Fritsinger, City Administrator Date: October 29, 2014 ITEM DESCRIPTION: ZONING CASE 14-17: RENTAL HOUSING ORDINANCE Proposed Action Staff is looking for direction from the Council as to the concept of the rental housing ordinance and any other feedback or ideas prior to formal presentation of the attached ordinance. Background/Overview Earlier this year the City Council appointed a task force to develop a Rental Housing Ordinance. The task force met four times and had developed a draft Ordinance. The Planning Commission discussed the draft at their meetings on July 8, 2014 and September 9, 2014 and made some changes to the draft. The Commission then held a public hearing on Tuesday, October 14, 2014 to consider a Rental Housing Ordinance. A legal notice was published in the Pine Journal on October 2, Generally, this ordinance will establish rental housing regulations, including the requirement that all rental properties obtain a license from the City. The Planning Commission has not recommended that such licensing include any fees or inspections at this time. The City is currently not staffed in such a way that it could begin inspections. A formal inspection process will require the establishment of a license fee that can be used to hire an additional inspector. Policy Objectives The city recognizes the need for an organized, systematic inspection program of residential rental units within the City of Cloquet in order to ensure that rental units meet city and state housing safety, health, fire, building and zoning codes, and to provide a more effective system for compelling the correction of code violations and the proper maintenance of rental property within the city. This registration program is intended to protect and promote the health, safety and general welfare of the entire community. At this time inspections will be done on a complaint basis with inspection guidelines being spelled out in Section Financial/Budget/Grant Considerations Currently there is no fee associated with this Ordinance. Advisory Committee/Commission Action The Planning Commission recommended approval to the City Council of an Ordinance amending Chapter 10 of the City Code pertaining to Rental Housing Regulations on a vote of 7-0. Supporting Documentation Attached Ordinance No. XXX Resolution No. 14-XX

6 ORDINANCE NO. XXX AN ORDINANCE TO CREATE SECTION 10.7 OF THE MUNICIPAL CODE REGARDING RENTAL HOUSING REGULATIONS THE CITY COUNCIL OF THE CITY OF CLOQUET DOES HEREBY ORDAIN AS FOLLOWS: Section 1. That Section 10.7 of the Municipal Code be created and read as follows: Section 10.7: Rental Housing Regulations Purpose. The city recognizes the need for an organized, systematic inspection program of residential rental units within the City of Cloquet in order to ensure that rental units meet city and state housing safety, health, fire, building and zoning codes, and to provide a more effective system for compelling the correction of code violations and the proper maintenance of rental property within the city. This registration program is intended to protect and promote the health, safety and general welfare of the entire community. At this time inspections will be done on a complaint basis with inspection guidelines being spelled out in Section Definitions. For the purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Subd. 1. Dwelling unit means any structure or building, or portion thereof, including a "manufactured home (mobile home)" which is intended to be used for living or sleeping by human occupants, including bathroom and kitchen facilities permanently installed. Subd. 2. Family means an individual or two or more persons related by blood, marriage or adoption, living together as a single housekeeping unit in a dwelling unit; or a group of not more than four persons who need not be related by blood, marriage or adoption, living together as a single housekeeping unit in a dwelling unit. A. For purposes of this article "related" shall be interpreted herein to include any owner of record and an owner's natural children, adopted children, foster children, spouse, other blood relations, any significant other and any other dependent minors, residing with that owner as a family unit; "significant other" means romantic partner; B. For purposes of this article "related" shall also be interpreted herein to include a tenant's natural children, adopted children, foster children, spouse, other blood relations, any significant other and any other dependent minors, residing with the tenant as a family unit; "significant other" means romantic partner. Subd. 3. Person means any natural person, the person's heirs, executors, administrators, or assigns, and also includes a firm, partnership or corporation, or their successors or assigns, or the agent of any of the aforesaid. Subd. 4. Rental unit means any room or group of rooms located within a dwelling unit and forming a single habitable unit. Subd. 5. Rental property means a rental unit occupied by a person or persons in the status of tenant(s), and shall include "lease to buy, contract for deed, installment sale purchase", and other similar arrangements whereby nonpayment of a periodic payment or nonperformance of a periodic service means the occupants may be evicted without the necessity of either a statutory mortgage foreclosure procedure, a statutory termination of contract for deed procedure or a statutory repossession procedure. Subd. 6. Rental charge means any compensation, either monetary or "in lieu of" payments, such as but not limited to utilities, upkeep, repair, or the provision of services. Subd. 7. Tenant, except as otherwise provided herein, means any person who occupies and uses as their primary residence a dwelling unit furnished by that person for payment of a rental charge to another. Ordinance No. XXX An Ordinance to Create Section 10.7 of the Municipal Code Page 1 Regarding Rental Housing Regulations

7 Applicability and exceptions. Subd. 1. The provisions of this article shall apply to all rental property and rental units, including rented single-family dwellings and duplexes, manufactured homes, and rented units in owner-occupied dwellings. Subd. 2. The provisions of this article shall not apply to jails, hospitals, parish houses, manses and rectories, dwelling units in a cooperative or condominium building, hotels, motels, or facilities licensed by the State of Minnesota, nor to any dormitory owned and operated by an educational institution Registration permit required. No person shall occupy, allow to be occupied, or to let another for occupancy, any rental property in the City of Cloquet, without first having obtained a registration permit from the city under the terms of this section. Dwelling units constructed or converted to rental usage after the effective date of this article shall not be occupied for human habitation prior to issuance of a registration permit by the city. An application for registration shall be made upon forms furnished by the city for such purpose and shall require the minimum information required under Section Application for registration permit; register of occupancy. Subd. 1. The owner of each rental unit shall make written application to the city for registration of the rental unit(s). A new owner shall be required to register units within ten days after acquiring them. Application for registration shall be made upon forms furnished by the city and shall specifically set forth the following information: A. The name, address and telephone number of the owner of the rental unit(s); if a partnership, the name of the partnership, and the name, address and telephone number of the managing partner; if a corporation, the name and address of the corporation, and the names and addresses of all shareholders who own ten percent or more of the corporation's stock. B. Name, address and telephone number of vendor, if the rental unit is being sold by a contract for deed. C. The street address of each rental unit. D. Number and types of rental units within a dwelling. E. The maximum number of occupants permitted for each rental unit. F. At least one name, emergency telephone number, and address of the person authorized to make or order made repairs and/or services to the building as required and necessary to protect the health, safety and welfare of the occupants, or who is able to contact the person so authorized. G. A site drawing showing designated off-street parking areas for each existing rental property, which areas comply with the off-street parking requirements. Subd. 2. Every permit holder, or their resident agent, shall maintain a current register of all tenants and other persons with a lawful right of occupancy to each rental unit. The register shall be kept current at all times and shall be available for inspection by the city within a reasonable time. Subd. 3. The city shall be promptly notified of any change of the resident agent, and any change in the names, addresses, and other information concerning the persons listed in the last registration application filed with the city. A window sticker will be provided Posting of registration. Each registration permit issued by the city shall be displayed in a conspicuous spot near the front entrance of a single unit rental dwelling, or in a public corridor, hallway or lobby of a multiple unit dwelling, and shall be visible to all residents. Only one registration need be posted for each separate apartment building Performance Requirements and Acceptability Standards. Below are the performance requirements and acceptability criteria that will be evaluated during an inspection. A discussion of how inspectors should interpret the requirements and tenant preference options follows. Ordinance No. XXX An Ordinance to Create Section 10.7 of the Municipal Code Page 2 Regarding Rental Housing Regulations

8 Subd. 1. Sanitary Facilities. A. Performance Requirement 1. The dwelling unit must include sanitary facilities within the unit. 2. The sanitary facilities must be in proper operating condition and be adequate for personal cleanliness and disposal of human waste. 3. The sanitary facilities must be usable in privacy. 4. A shared bathroom is permitted in a boarding house situation. B. Acceptability Criteria 1. The bathroom must be located in a separate room and have a flush toilet in proper operating condition. 2. The unit must have a fixed basin (lavatory) with a sink trap and hot and cold running water in proper operating condition. 3. The unit must have a shower or tub with hot and cold running water in proper operating condition. 4. The facilities must utilize an approved public or private disposal system, including a locally approved septic system. C. Related Inspections for Sanitary Facilities. 1. The bathroom must be contained within the dwelling unit, afford privacy (usually meaning a door, although no lock is required), and be for the exclusive use of the occupants. 2. All public or private waste disposal systems servicing the unit or facilities must be either state or local agency approved. 3. The tub/shower, toilet, and basin/lavatory must have a proper sewer trap, drain, and vents to prevent the escape of sewer gases or severe leakage of water. Drains must not be clogged and the toilet must flush. Hot and cold water must be available at the tub, shower, and lavatory taps. The definition of hot water (temperature) required at the lavatory, tub, or shower should be determined from local health standards or applicable local code. 4. The inspector must determine if the bathroom facilities are free of hazards, such as damaged or broken fixtures and plumbing leaks, which may endanger the occupants. EXAMPLE: What are bathroom hazards that may endanger occupants? Broken ceramic, metal, or glass fixtures that may pose a hazard. This includes towel racks, soap dishes, medicine cabinets, and mirrors as well A leaking hot water faucet may pose a scalding threat. Ordinance No. XXX An Ordinance to Create Section 10.7 of the Municipal Code Page 3 Regarding Rental Housing Regulations

9 5. Only one bathroom is required to meet these requirements. Additional bathrooms do not have to contain all plumbing fixtures (tub/shower, toilet or lavatory), but if present, they must not create any unsanitary conditions, be properly plumbed, and be free of sewer gases. 6. Other room standards that apply to bathroom facilities, such as illumination and electricity, are discussed under those performance requirements. Subd. 2. Food Preparation and Refuse Disposal. A. Performance Requirement. 1. The dwelling unit must have suitable space and equipment to store, prepare, and serve food in a sanitary manner. B. Acceptability Criteria. 1. The dwelling unit must have an oven and a stove or range. A microwave oven may be substituted for a tenant-supplied oven and stove or range. A microwave may be substituted for an owner-supplied oven and stove or range if the tenant agrees and microwave ovens are furnished to both subsidized and unsubsidized tenants in the same building or premises. On gas stoves no pilot light is allowed; they must be electronic ignition. 2. The dwelling unit must have a refrigerator supplied by either the owner or tenant. 3. All required equipment must be in proper operating condition. According to the lease, equipment may be supplied by either the owner or the tenant. 4. The dwelling unit must have a kitchen sink in proper operating condition, with a sink trap and hot and cold running water. The sink must drain into an approved public or private system. 5. The dwelling unit must have space for storage, preparation, and serving of food. 6. Facilities and services for the sanitary disposal of food waste and refuse, including temporary storage facilities where necessary, are required. C. Related Inspections for Food Preparation and Refuse Disposal. 1. Hot plates are not acceptable substitutes for stoves or ranges. The oven must heat and all burners on the stove or range must work. All stove or range knobs must be present. The stove or range must be free of hazardous gas hook-ups, gas leaks, or electrical hazards. EXAMPLE: What temperature must a refrigerator maintain to keep food from spoiling? Above 32 F, but generally below 40 F. Consider how often the refrigerator will be opened. Proper temperatures are difficult to maintain if the refrigerator is frequently opened during warm weather, door seals are removed or broken, or the door sits open. Ordinance No. XXX An Ordinance to Create Section 10.7 of the Municipal Code Page 4 Regarding Rental Housing Regulations

10 2. The sink must have hot and cold running water from the faucets and a proper working sink drain with gas trap. It must also be hooked to an approved water and sewer system. 3. Space for storage, preparation, and serving of food must be present. Built-in space, equipment, table(s), or portable storage facilities are acceptable. 4. Waste and refuse storage facilities are determined by local practice and may include trash cans or dumpster facilities. 5. Other room standards apply to the food preparation area and are discussed under those specific requirements below. Subd. 3. Space and Security. A. Performance Requirement. 1. The dwelling unit must provide adequate space and security for the tenant. B. Acceptability Criteria. 1. At a minimum, the dwelling unit must have a living room, a kitchen and a bathroom, except in a boarding house. 2. The dwelling unit must have at least one bedroom or living/sleeping room for every two persons. Other than very young children (up to age 5), children of opposite sex may not be required to occupy the same bedroom or living/sleeping room. 3. Dwelling unit windows that are accessible from the outside must be lockable. 4. Exterior doors to the unit must be lockable with a deadbolt. C. Related Inspections for Space and Security. Subd. 4. Thermal Environment. 1. A living room may be used as sleeping (bedroom) space, but no more than two persons may occupy the space. 2. Unit windows located on the first floor, at the basement level, on a fire escape, porch, or other outside space that can be reached from the ground and that are designed to be opened must have a locking device. (Windows with sills less than six feet off the ground are considered accessible.) Traditional window locks, those provided by storm/screen combination windows, window pins, and nails are acceptable. Windows leading to a fire escape or required to meet ventilation requirements may not be permanently nailed shut. 3. Doors leading to the outside and common hallways must be equipped with a deadbolt; fire escapes, porches and other openings accessible from the ground must have locks. No specific type of lock is required. 4. Window and door surfaces (including the door frame) must be in sufficient condition to support the installation and proper operation of window and door locks. A. Performance Requirement. 1. The dwelling unit must be able to provide a thermal environment that is healthy for the human body. Ordinance No. XXX An Ordinance to Create Section 10.7 of the Municipal Code Page 5 Regarding Rental Housing Regulations

11 B. Acceptability Criteria. 1. There must be a safe system for heating the dwelling unit, such as electric baseboard, radiator, or forced air systems. In order to ensure a healthy living environment appropriate for the climate the system must be able to provide adequate heat either directly or indirectly to each room. 2. The heating system must be in proper operating condition. 3. The dwelling unit must not contain unvented room heaters that burn gas, oil, or kerosene. Electric heaters are acceptable. C. Related Inspections for Thermal Environment. 1. The inspector must define a healthy living environment for the local climate. Local or state codes will help the inspector determine when and how much heat is adequate. For example, an inspector may define a heating system capable of maintaining an interior temperature of 65º between October 1 and May 1 as adequate. 2. Adequate heat is required in all rooms used for living; the heat source does not have to be located in each room as long as the heat can pass to the appropriate space and meet the definition of adequate. Portable electric room heaters or kitchen stoves with built-in heating units are not acceptable as a primary source of heat for units. 3. Improper operating conditions, including all conditions that may be unsafe, such as broken or damaged source vents, flues, exhausts, gas or oil lines that create a potential fire hazard or threats to health and safety are not permitted. Heating unit safety devices must be present, and the heating equipment must have proper clearance from combustible materials and location of oil storage tanks. There must be proper gas and oil connections. Local plumbing, fire, or mechanical codes are instructive in providing details about acceptable materials for furnace and water heater hookups and required clearances. Seek assistance from local code enforcement offices to determine health and safety standards for equipment hook-up and clearance requirements. 4. Heating system inspections are often required by local or state authorities, especially for large multi-family buildings. If the heating system has passed inspection from the inspecting authority within the past two years, the inspector may accept this as proof of heating equipment safety. 5. Working cooling equipment refers to a central ventilation system, evaporative cooling system, room or central air conditioning. These systems are not required, but if present, must be operating safely so as not to create a potential fire hazard or other threat to health and safety. Subd. 5. Illumination and Electricity. A. Performance Requirement. 1. Each room must have adequate natural or artificial illumination to permit normal indoor activities and to support the health and safety of occupants. 2. The dwelling unit must have sufficient electrical sources so occupants can use essential electrical appliances. 3. Electrical fixtures and wiring must not pose a fire hazard. 4. GFI s must be installed in all kitchens, bathrooms and by any water outlet. Ordinance No. XXX An Ordinance to Create Section 10.7 of the Municipal Code Page 6 Regarding Rental Housing Regulations

12 B. Acceptability Criteria. 1. There must be at least one window in the living room and in each sleeping room. 2. The kitchen area and the bathroom must have a permanent ceiling or wallmounted fixture in proper operating condition. 3. The kitchen must have at least one electrical outlet in proper operating condition. 4. The living room and each sleeping space must have at least two electrical outlets in proper operating condition. Permanent overhead or wall-mounted light fixtures may count as one of the required electrical outlets. C. Related Inspections for Illumination and Electricity. Subd. 6. Structure and Materials 1. The inspector must be satisfied that the electrical system is free of hazardous conditions, including: exposed, uninsulated, or frayed wires, improper connections, improper insulation or grounding of any component of the system, overloading of capacity, or wires lying in or located near standing water or other unsafe places. 2. Outlets must be properly installed in the baseboard, wall, or floor. Hanging light fixtures or outlets from electric wiring, missing cover plates on switches and outlets, badly cracked outlets or cover plates, exposed fuse box connections and overloaded circuits are unacceptable. A. Performance Requirement. 1. The dwelling unit must be structurally sound. 2. The structure must not present any threat to the health and safety of the occupants and must protect the occupants from the environment. B. Acceptability Criteria. 1. Ceilings, walls, and floors must not have any serious defects such as severe bulging or leaning, large holes, loose surface materials, severe buckling, missing parts, or other serious damage. 2. The roof must be structurally sound and weather-proof. 3. The foundation and exterior wall structure and surface must not have any serious defects such as serious leaning, buckling, sagging, large holes, or defects that may result in air infiltration or vermin infestation. 4. The condition and equipment of interior and exterior stairs, halls, porches, and walkways must not present the danger of tripping and falling. 5. Elevators must be working safely. C. Related Inspections for Structure and Materials. 1. The inspector must examine each of the elements listed in the acceptability criteria to determine that each is structurally sound, will not collapse, and does not present a danger to residents through falling or missing parts, or tripping hazards. The inspector must determine that the unit is free from water, excessive air, and vermin infiltration. Ordinance No. XXX An Ordinance to Create Section 10.7 of the Municipal Code Page 7 Regarding Rental Housing Regulations

13 Subd. 7. Interior Air Quality. 2. Handrails are required when four or more steps (risers) are present, and protective railings are required when porches, balconies, and stoops are thirty inches off the ground. 3. The elevator servicing the unit must be working. A current city or state inspection certificate suffices to determine working condition of the elevator. 4. Manufactured homes must have proper tie-down devices capable of surviving wind loads common to the area. A. Performance Requirement. 1. The dwelling unit must be free of air pollutant levels that threaten the occupants health. B. Acceptability Criteria. 1. The dwelling unit must be free from dangerous air pollution levels from carbon monoxide, sewer gas, fuel gas, dust, and other harmful pollutants. 2. There must be adequate air circulation in the dwelling unit. 3. Bathroom areas must have one openable window or other adequate ventilation. 4. Any sleeping room must have at least one window. If the window was designed to be opened, it must be in proper working order. C. Related Inspections for Interior Air Quality. Subd. 8. Water Supply 1. The inspector must be satisfied that air pollutants such as gas leaks, industrial outputs, and heavy traffic would not present a health hazard. 2. Air circulation should be checked to determine adequate ventilation. Air conditioning (A/C) provides adequate circulation as do ceiling and vent fans. 3. The windows must adequately protect the unit s interior from the weather. Windows designed to open must not be painted or nailed shut. The ventilating bathroom fan in the bathroom must operate as intended. A. Performance Requirement. 1. The water supply must be free of contamination. 2. Testing of well water is required yearly. B. Acceptability Criteria. 1. The dwelling unit must be served by an approved public or private water supply that is sanitary and free from contamination. C. Related Inspections for Water Supply. 1. The inspector should be satisfied that the water supply is approved by the State or local jurisdiction. Ordinance No. XXX An Ordinance to Create Section 10.7 of the Municipal Code Page 8 Regarding Rental Housing Regulations

14 2. Clean water must be distributed to all unit fixtures and waste water must leave the unit to an approved area without presence of sewer gas and backups. 3. Plumbing fixtures and pipes must be free of leaks and threats to health and safety. 4. Water-heating equipment must be installed safely and must not present any safety hazards to families. All water heaters must be free of leaks, have temperature/pressure relief valves, and a discharge line. Unless safety dividers or shields are installed, water heaters must not be located in bedrooms or living areas where safety hazards may exist. Fuel-burning equipment must have proper clearance from combustible materials and be properly vented. Subd. 9. Lead-Based Paint. The Lead-Based Paint Poisoning Prevention Act as amended (42 U.S.C ) and the Residential Lead-Based Paint Hazard Reduction Act of 1992 and implementing regulations 24 CFR Part 35 Subparts A, B, M, and R apply to the housing choice voucher program. Subd. 10. Access A. Acceptability Criteria. 1. The requirements apply to dwelling units built prior to 1978 that are occupied or can be occupied by families with children under six years of age, excluding zero bedroom dwellings. 2. During initial and annual inspections of pre-1978 units that are occupied or will be occupied by families with children under six years of age, the inspector must conduct a visual assessment for deteriorated paint surfaces and the owner must stabilize deteriorated surfaces. Applicable areas include painted surfaces within the dwelling unit, exterior painted surfaces associated with the dwelling unit, and common areas of the building through which residents must pass to gain access to the unit and areas frequented by resident children under six years of age, including play areas and child care facilities. 3. For units occupied by environmental intervention blood lead level (lead poisoned) children under six years of age, a risk assessment must be conducted (paid for by the building owner), and the owner must complete hazard reduction activities if lead hazards are identified during the risk assessment. A. Performance Requirement. 1. Use and maintenance of the unit must be possible without unauthorized use of other private properties. 2. The building must provide an alternate means of exit in case of fire. B. Acceptability Criteria. 1. The unit must have private access. 2. In case of fire, the building must contain an alternate means of exit such as fire stairs, or windows, including use of a ladder for windows above the second floor. C. Related Inspections for Access. 1. The inspector must determine that the unit has private access without unauthorized passage through another dwelling unit or private property. 2. The emergency (alternate) exit from the building (not the unit) may consist of fire stairs, a second door, fire ladders, or exit through windows. The emergency exit Ordinance No. XXX An Ordinance to Create Section 10.7 of the Municipal Code Page 9 Regarding Rental Housing Regulations

15 Subd. 11. Sanitary Condition. must not be blocked. It must be appropriate for the family and considered adequate by local officials. Guidance from the local fire agency is advisable. A. Performance Requirement. 1. The dwelling unit and its equipment must be in sanitary condition. B. Acceptability Criteria. 1. The dwelling unit and its equipment must be free of vermin and rodent infestation. C. Related Inspections for Sanitary Condition. 1. The inspector must ensure that the unit is free of rodents and heavy accumulations of trash, garbage, or other debris that may harbor vermin. Infestation by mice, roaches, or other vermin particular to the climate must also be considered. The unit must have adequate barriers to prevent infestation. Subd. 12. Smoke and Carbon Monoxide Detectors. A. Performance Requirements. 1. At least one battery-operated or hard-wired smoke detector in proper operating condition must be present on each level of the dwelling unit, including basements but excluding crawl spaces and unfinished attics. 2. Smoke detectors must be installed in accordance with and meet the requirements of the National Fire Protection Association Standards (NFPA) 74 or its successor standards. 3. If a hearing-impaired person is occupying the dwelling unit, the smoke detectors must have an alarm system designed for hearing-impaired persons as specified in NFPA All units shall have an approved carbon monoxide alarm within 10 feet of each sleeping room. Carbon monoxide alarms must either be hardwired into the electrical wiring, directly plugged into a non-switched outlet or battery powered. B. Acceptability Criteria. 1. The inspector must ensure that the location of smoke and carbon monoxide detectors conforms with local and/or State Fire Marshall s requirements. 2. The inspector must determine that smoke and carbon monoxide detectors are located and installed in accordance with NFPA Standards. All smoke and carbon monoxide detectors must be in operating condition. C. Related Inspections for Smoke and Carbon Monoxide Detectors. 1. Local codes, such as housing or fire codes, often address responsibilities between owners and tenants for installation and maintenance of smoke detector batteries. At initial inspection smoke detectors must have good batteries and be operable. The inspector may follow local codes to determine if missing or dead smoke detector batteries constitute a tenant or owner-caused failure in occupied units. 2. Consultation with the local fire officials is recommended regarding acceptable types and location of smoke detectors. Ordinance No. XXX An Ordinance to Create Section 10.7 of the Municipal Code Page 10 Regarding Rental Housing Regulations

16 Section 2. Effective Date. This ordinance shall take effect on January 1, Passed this 18 th day of November, CITY OF CLOQUET ATTEST: By: Its Mayor Its City Administrator Published this day of, 2014 Ordinance No. XXX An Ordinance to Create Section 10.7 of the Municipal Code Page 11 Regarding Rental Housing Regulations

17 STATE OF MINNESOTA COUNTY OF CARLTON CITY OF CLOQUET RESOLUTION NO. 14-XX A RESOLUTION AUTHORIZING PUBLICATION OF A SUMMARY OF ORDINANCE NO. XXX, AN ORDINANCE TO CREATE SECTION 10.7 OF THE MUNICIPAL CODE REGARDING RENTAL HOUSING REGULATIONS WHEREAS, The City Council of the City of Cloquet has duly adopted Ordinance No. XXX, An Ordinance to Create Section 10.7 of the Municipal Code Regarding Rental Housing Regulations; and WHEREAS, Minnesota Statutes requires that ordinances shall be published at least once in the official newspaper; and WHEREAS, The City Council has determined that the cost of publishing an entire chapter of the code as proposed by the City Council would be extremely expensive given the number of pages to be published; and WHEREAS, Minnesota Statutes , Subd. 4, authorizes a municipality to publish only the title and a summary of lengthy ordinances or ordinances which contain charts or maps if the City Council determines that such publications would clearly inform the public of the intent and effect of the ordinance; and WHEREAS, It is the intent of the City Council to act in accordance with all local, state, federal laws, to inform the public of changes in municipal laws, and to remain responsible financially with public funds. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF CLOQUET, MINNESOTA, That it hereby authorizes the publication of a summary of Ordinance No. XXX; and BE IT FURTHER RESOLVED, That a copy of Ordinance No. XXX shall be available for public review online at at City Hall and at the Cloquet Public Library for a period of not less than thirty (30) days from the date of publication; and BE IT FINALLY RESOLVED, That the summary published in the official newspaper shall be in the following form: SUMMARY DESCRIPTION NOTICE OF SUMMARY PUBLICATION OF ORDINANCES On November 18, 2014, at its regular meeting, the Cloquet City Council adopted Ordinance No. XXX, an 11 page ordinance which amends Chapter 10 of the City Code. The purpose of this Chapter is to regulate rental housing property within the City of Cloquet. The specific title of the ordinance is AN ORDINANCE TO CREATE SECTION 10.7 OF THE MUNICIPAL CODE REGARDING RENTAL HOUSING REGULATIONS. The full ordinance is available to the public for inspection online at or during regular office hours at the Cloquet Public Library or at Cloquet City Hall. PASSED BY THE CLOQUET CITY COUNCIL OF THE CITY OF CLOQUET THIS 18 TH DAY OF NOVEMBER, ATTEST: Bruce Ahlgren, Mayor Brian Fritsinger, City Administrator

18 CLOQUET CITY COUNCIL WORK SESSION Tuesday, October 21, 2014, 5:30 p.m. Meeting Minutes Present: Absent: Staff: Other: Bjerkness, Kolodge, Langley, Maki, Manderfeld, Wilkinson, and Mayor Ahlgren. None. Fritsinger and Klassen. Dani Lundeen - Pine Journal. FUTURE WORK SESSION AGENDA MEETING ITEMS The Council had no specific topics for future meetings. Mr. Fritsinger noted that he anticipates that a discussion with the Friends of Animals and City Council Retreat will be added to upcoming work session meetings. No further discussion took place. CLOQUET CHAMBER OF COMMERCE Chamber President Kelly Zink and Chairperson Jeannie Kermeen were in attendance to meet with the Council as part of the two group s efforts to meet annually and review issues of mutual interest. Ms. Zink began by providing handouts of the Chamber s 2013 year in review and 2014 update. Ms. Zink reviewed the 2014 update in detail focusing on the various Committees of the Chamber and the specific activities of which they are involved. She then spoke about the various larger events of which the Chamber sponsors or coordinates. She concluded with a review of the various collaborative efforts with the City of Cloquet and activities of the Tourism Committee. Councilor Bjerkness asked if the Legislative Affairs Committee would be willing to provide encouragement and education to local residents seeking public office? This was very beneficial to him when he first ran for office. Ms. Zink indicated she would pass the request on to the Committee for its consideration. Ms. Zink noted that the Chamber will, in the very near future, need to update and print new City and County maps that are distributed to visitors and residents. The City has assisted with this financially in the past and she would look forward to the City and County doing so again if fundraising fell short of needs. Ms. Zink reminded the Council of the upcoming 100 year anniversary of the Cloquet fire and that some efforts are being made to commemorate this event. The City may be asked to participate and/or play a role with these efforts. Councilor Manderfeld raised the issue of the long debated Events Coordinator position and the City and Chamber working collaboratively to undertake such a position. Discussion ensued as to some of the benefits and challenges of such a position. Ms. Zink indicated the Chamber is open to such discussions. There was brief discussion about community signage and Ms. Zink and Mr. Fritsinger agreed to meet to explore this further. WEST TAYLOR AVENUE PAVING Mr. Fritsinger inquired as to the City Council s thoughts on the process to be used to consider the petition to pave West Taylor Avenue. He provided an update as to the feedback received as a result of the informational hearing with the neighborhood. He is not looking for Council consensus on the final outcome of the petition and staff recommendation but at the same time

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20 Council Chambers, Cloquet, Minnesota 7:00 o clock P.M. October 21, Regular Meeting. Roll Call. Councilors Present: Councilors Absent: Bjerkness, Kolodge, Langley, Maki, Manderfeld, Wilkinson, and Mayor Ahlgren. None. AGENDA The agenda for the meeting was presented. There being no additions or changes, the agenda was approved. MINUTES The minutes of the work session and regular meeting of October 7, 2014, were presented. There being no corrections, the minutes were approved. CONSENT AGENDA MOTION: Councilor Manderfeld moved and Councilor Maki seconded the motion to adopt the consent agenda of October 21, 2014 approving the necessary motions and resolutions. The motion carried unanimously (7-0). a. Resolution No , Authorizing the Payment of Bills. PUBLIC HEARINGS There were none. PRESENTATIONS Mayor Ahlgren read a proclamation proclaiming National Hospice Palliative Care Month. NOVEMBER COUNCIL MEETINGS MOTION: Councilor Bjerkness moved and Councilor Kolodge seconded the motion to schedule a special meeting to canvass the election results on Wednesday, November 12, 2014, at 5:00 p.m. The motion carried unanimously (7-0). SMALL CITIES DEVELOPMENT PROGRAM GRANT PRE-APPLICATION MOTION: Councilor Manderfeld moved and Councilor Maki seconded the motion to adopt RESOLUTION NO , A RESOLUTION OF SUPPORT FOR THE CLOQUET SMALL CITIES DEVELOPMENT PROGRAM GRANT PRE-APPLICATION and authorizes $25,000 from Fund 202 in federal CDBG funds to be used as application leverage towards 2015 SCDP pre-application. The motion carried unanimously (7-0). WHEREAS, the City of Cloquet is pursuing a pre-application for Small Cities Development Program (SCDP) funding being submitted to the State of Minnesota Department of Employment and Economic Development (DEED) for monies to improve owner-occupied, rental housing, and commercial properties located within the attached Cloquet Target Zone; and NOW, THEREFORE, BE IT RESOLVED, the City of Cloquet, MN act as the legal sponsor for the SCDP Cloquet Project as contained in the preapplication to be submitted to DEED by November 13, 2014 and that the City Administrator and Community Development Director are hereby authorized to apply to the Department of Employment and Economic Development for funding of this project on behalf of the City of Cloquet; and

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22 ADMINISTRATIVE OFFICES 1307 Cloquet Avenue Cloquet MN Phone: Fax: REQUEST FOR COUNCIL ACTION To: Mayor and City Council From: Brian Fritsinger, City Administrator Date: October 28, 2014 ITEM DESCRIPTION: Approval of License to Sell Tobacco and Tobacco Products Proposed Action Staff recommends the City Council move to approve the new License to Sell Tobacco and Tobacco Products for Kwik Trip #247, 235 North Road, effective December 18, 2014 through June 30, Background/Overview The City has received an application from Kwik Trip, Inc. seeking to obtain a new License to Sell Tobacco and Tobacco Products at Kwik Trip #247 located at 235 North Road. The applicant has submitted the required application and other information required by City Code. Everything appears to be in order and all fees have been paid. Policy Objectives Approval of a Tobacco and Tobacco Products License is required under Section 6.5 of the Municipal Code. There is no limit on the number of licenses issued in any one year. Financial/Budget/Grant Considerations The City s fee schedule requires a $150 annual fee for this license. The license fee is calculated at a pro rata fee for December through June. Advisory Committee/Commission Action None. Supporting Documentation Attached Application.

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25 ADMINISTRATIVE OFFICES 1307 Cloquet Avenue Cloquet MN Phone: Fax: REQUEST FOR COUNCIL ACTION To: Mayor and City Council From: Brian Fritsinger, City Administrator Date: October 28, 2014 ITEM DESCRIPTION: New Off Sale 3.2% Malt Liquor License - Kwik Trip Inc. Proposed Action Staff recommends that the City Council move to approve the new off sale 3.2% malt liquor license for Kwik Trip, Inc., 235 North Road effective December 18, 2014 through June 30, Background/Overview The City has received an application from Kwik Trip, Inc. seeking to obtain a new off sale 3.2% malt liquor license for Kwik Trip #247 located at 235 North Road. The applicant has submitted a completed application with all of the necessary materials. A criminal background and financial check has been completed with no concerns identified. Policy Objectives Approval of an off sale 3.2% malt liquor license is required under Chapter 6 of the Municipal Code. Financial/Budget/Grant Considerations The City s fee schedule requires each license holder to pay a set fee for each license. The total fees received by the City for alcohol licenses are required to be consistent with the level of service to administer and enforce local liquor laws. The applicant has paid all required fees. Advisory Committee/Commission Action None. Supporting Documentation Attached Off Sale 3.2% Malt Liquor License Application.

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30 ADMINISTRATIVE OFFICES 1307 Cloquet Avenue Cloquet MN Phone: Fax: REQUEST FOR COUNCIL ACTION To: Mayor and City Council From: Brian Fritsinger, City Administrator Date: October 28, 2014 ITEM DESCRIPTION: Approval of Raffle Permit Proposed Action Staff recommends that the City Council move to adopt RESOLUTION NO , A RESOLUTION APPROVING EXEMPT PERMIT TO CONDUCT A RAFFLE EVENT AT CLOQUET ARMORY-MINNESOTA NATIONAL GUARD. Background/Overview The City has received an application from the North Shore Wrestling Club for a raffle event to be held on April 18, 2015 at the Cloquet Armory-Minnesota National Guard, 801 Highway 33 South. Policy Objectives Approval of application by local community is required under MN Statutes. Financial/Budget/Grant Considerations There is no cost to the City regarding the approval of the application nor does the City retain any fees for its consideration. Advisory Committee/Commission Action None. Supporting Documentation Attached Resolution LG220 Application for Exempt Permit.

31 CITY OF CLOQUET COUNTY OF CARLTON STATE OF MINNESOTA RESOLUTION NO A RESOLUTION APPROVING EXEMPT PERMIT TO CONDUCT A RAFFLE EVENT AT CLOQUET ARMORY-MINNESOTA NATIONAL GUARD WHEREAS, The City of Cloquet received an application from the North Shore Wrestling Club, W Skyline Parkway, Duluth, for an Exempt Permit to conduct a raffle event on April 18, 2015, at Cloquet Armory-Minnesota National Guard, 801 Highway 33 South. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF CLOQUET, MINNESOTA, That the City Council has reviewed the application of the North Shore Wrestling Club for an Exempt Permit to conduct a raffle event on April 18, 2015 at Cloquet Armory-Minnesota National Guard, 801 Highway 33 South, and has no objection to the Minnesota Gambling Control Board s issuance of such permit. BE IT FURTHER RESOLVED, That the Cloquet City Council hereby waives the normally required thirty day waiting period for the issuance of said permit. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CLOQUET THIS 5TH DAY OF NOVEMBER, Bruce Ahlgren, Mayor ATTEST: Brian Fritsinger, City Administrator

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34 M A Y O R S P R O C L A M A T I O N City of Cloquet WHEREAS, Small businesses are the backbone of our local economy, generating jobs and improving the quality of life for citizens; WHEREAS, The City of Cloquet supports the efforts of local small businesses and recognizes the critical role they play in our community; and WHEREAS, Small Business Saturday is a nationwide campaign to cultivate business for small merchants on the Saturday after Thanksgiving; and WHEREAS, Small Business Saturday will stimulate economic growth locally for small merchants by following in the tradition of Black Friday and Cyber Monday, two of the busiest shopping days of the year; and WHEREAS, We encourage citizens to consider shopping small merchants on Small Business Saturday as a way to boost the local economy and strengthen our small business community. NOW, THEREFORE, I Bruce Ahlgren, Mayor of the City of Cloquet, do hereby proclaim Saturday, November 29, 2014, as Small Business Saturday and encourage our residents to recognize and support small businesses within our community by shopping these establishments on the Saturday following Thanksgiving. Bruce Ahlgren, Mayor City of Cloquet

35 ADMINISTRATIVE OFFICES 1307 Cloquet Avenue Cloquet MN Phone: Fax: REQUEST FOR COUNCIL ACTION To: Mayor and City Council From: Brian Fritsinger, City Administrator Date: October 29, 2014 ITEM DESCRIPTION: Utility Maintenance Person Appointment Proposed Action Staff recommends that the City Council move to approve the one year probationary appointment of Eric Saboe to the position of Utility Maintenance Person in the Public Works Department effective upon a start date yet to be determined and subject to the satisfactory completion of a pre-employment drug test. Background/Overview This past August the City Council authorized the hiring process of the vacant Utility Maintenance Person position. This position became vacant as a result of the retirement of the former Assistant Wastewater Maintenance Supervisor. In August, the City completed all of its due diligence required and posted the position vacancy as required under the AFSCME labor agreement. No members of the AFSCME unit posted for the position. The City then advertised publicly, received applications, and conducted interviews with four candidates. The City has conducted background work and tentatively offered the position to Mr. Eric Saboe. Mr. Saboe has accepted this offer subject to Council approval and his satisfactory completion of preemployment drug test. Mr. Saboe is currently employed with Andresen Ryan Coffee Company. Policy Objectives The Department currently is responsible for the maintenance of all City water and sanitary sewer functions with a total of five staff. Keeping a fully staffed department is consistent with the service level directives of the City Council. The City Council is the hiring authority for the City as determined by City Code and State law. The City Council must act to appoint this individual to complete the hiring process. Financial/Budget/Grant Considerations This position is currently fully funded as part of the adopted 2014 operating budget. Advisory Committee/Commission Action None. Supporting Documentation Attached None.

36 COMMUNITY DEVELOPMENT DEPARTMENT 1307 Cloquet Avenue Cloquet MN Phone: Fax: REQUEST FOR COUNCIL ACTION To: Mayor and City Council From: Al Cottingham, City Planner/Zoning Administrator Reviewed/Approved By: Brian Fritsinger, City Administrator Date: October 29, 2014 ITEM DESCRIPTION: TRAIN WHISTLE ISSUE - UPDATE Proposed Action Staff is looking for direction from the City Council as to whether or not to pursue the issue of a Railroad Quiet Zone or not. Background/Overview In June, 2014, the City Council asked the Planning Commission to look into the requirements and cost to create a Railroad Quiet Zone. Following the June Planning Commission meeting staff had been in contact with Paul DeLaRosa, Minnesota Department of Transportation (MNDOT). On August 26 th staff met with Mr. DeLaRosa and representatives of Burlington Northern Santa Fe (BNSF) to review the crossings and discuss what would need to be done to create a Quiet Zone. The BNSF staff felt the cost for each crossing improvement would be between $250,000 and $300,000 just for the railroad portion. There are three crossings for sure that would need to be improved; Broadway Street, 8 th Street and 10 th Street. There is one road/pedestrian crossing at Market Street that would either need to be removed or improved. These cost estimates do not include the cost of any road improvements that would need to be made to help prevent people from driving around the crossing arms. The crossing on Broadway Street would need to have a variance approved from the standards because of proximity of street intersections and not being able to put in a center island barrier. If this is not approved then a different type crossing arm system would need to installed, they estimate the cost of that to be approximately $600,000 along with a maintenance agreement that the city would have to agree to and pay an annual fee for. The two crossings at Sappi are private crossings and they would need to agree to have them included with the Quiet Zone. The BNSF representatives did not believe there would need to be any improvements made to these two crossings because of what they currently have at the crossings. If Sappi would not agree to the zone then the whistles would still need to sound at their crossings.

37 To the Mayor and City Council Train Whistle Issue - Update October 29, 2014 Page 2 Quiet Zones are required to be a minimum of one half mile in length so it could start to the west of the Broadway Street crossing and extend to the east of the 10 th Street crossing. If this were to be the only area it might satisfy the concerns raised by residents. The total cost of the improvements to create the Quiet Zone is estimated to range from $1 to $1.5 million dollars. One thing that really has not been discussed is if the Quiet Zone should also include the crossing on 14 th Street/Carlton Road by the KOA and the crossing by the gravel pits and landfill off Highway 45. The whistles from these two crossings do impact the homes in the south and east parts of town. In discussions with Mr. DeLaRosa there is currently no state or federal funding assistance to help with the cost associated with the creation of the Quiet Zone. Since the initial discussion at the Planning Commission staff has received the attached letter from a resident with his concern of creating the Quiet Zone. Policy Objectives This is not currently a City Council goal and there has been no City funding established or other state/federal monies identified for this request. Financial/Budget/Grant Considerations The funding for this is not in the current budget of the capital improvement program. At this time, there are not grants available to help with funding of this potential project. Other communities have sought special legislation which included funding to help pay for the creation of the Quiet Zone. Advisory Committee/Commission Action The Planning Commission reviewed the topic and related information but felt there was not funding available to do this and as a result took no action supporting the concept. Supporting Documentation Attached Letters addressing the issue for and against. Quiet Zone information.

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41 GUIDE TO THE QUIET ZONE ESTABLISHMENT PROCESS A I G Federal Railroad Administra on 1200 New Jersey Avenue S.E. Washington, DC Telephone: Federal Railroad Administra on Highway Rail Crossing and Trespasser Programs Division Follow FRA on Facebook and Twi er

42 Guide to the Quiet Zone Establishment Process Purpose of the Guide This brochure was developed to serve as a guide for local decision makers seeking a greater understanding of train horn sounding requirements and how to establish quiet zones. Its purpose is to provide a general overview and thus does not contain every detail about the quiet zone establishment process. For more detailed and authorita ve informa on, the reader is encouraged to review the official regula ons governing the use of locomo ve horns at public highway rail grade crossings and the establishment of quiet zones that are contained in 49 CFR Part 222. A copy of the rule can be downloaded or printed at h p:// About Quiet Zones FRA is commi ed to reducing the number of collisions at highway rail grade crossings, while establishing a consistent standard for communi es who opt to preserve or enhance quality of life for their residents by establishing quiet zones within which rou ne use of train horns at crossings is prohibited. Federal regula on requires that locomo ve horns begin sounding seconds before entering public highway rail grade crossings, no more than one quarter mile in advance. Only a public authority, the governmental en ty responsible for traffic control or law enforcement at the crossings, is permi ed to create quiet zones. A quiet zone is a sec on of a rail line at least one half mile in length that contains one or more consecu ve public highway rail grade crossings at which locomo ve horns are not rou nely sounded when trains are approaching the crossings. The prohibited use of train horns at quiet zones only applies to trains when approaching and entering crossings and does not include train horn use within passenger sta ons or rail yards. Train horns may be sounded in emergency situa ons or to comply with other railroad or FRA rules even within a quiet zone. Quiet zone regula ons also do not eliminate the use of locomo ve bells at crossings. Therefore, a more appropriate descrip on of a designated quiet zone would be a reduced train horn area. Communi es wishing to establish quiet zones must work through the appropriate public authority that is responsible for traffic control or law enforcement at the crossings.

43 Guide to the Quiet Zone Establishment Process Historical Context Historically, railroads have sounded locomo ve horns or whistles in advance of grade crossings and under other circumstances as a universal safety precau on. Some States allowed local communi es to create whistle bans where the train horn was not rou nely sounded. In other States, communi es created whistle bans through informal agreements with railroads. In the late 1980 s, FRA observed a significant increase in nigh me train vehicle collisions at certain gated highway rail grade crossings on the Florida East Coast Railway (FEC) at which nigh me whistle bans had been established in accordance with State statute In 1991, FRA issued Emergency Order #15 requiring trains on the FEC to sound their horns again. The number and rate of collisions at affected crossings returned to pre whistle ban levels. In 1994, Congress enacted a law that required FRA to issue a Federal regula on requiring the sounding of locomo ve horns at public highway rail grade crossings. It also gave FRA the ability to provide for excep ons to that requirement by allowing communi es under some circumstances to establish "quiet zones." The Train Horn Rule became effec ve on June 24, The rule set na onwide standards for the sounding of train horns at public highway rail grade crossings. This rule changed the criteria for sounding the horn from distance based to me based. It also set limits on the volume of a train horn. The rule also established a process for communi es to obtain relief from the rou ne sounding of train horns by providing criteria for the establishment of quiet zones. Locomo ve horns may s ll be used in the case of an emergency and to comply with Federal regula ons or certain railroad rules.

44 Guide to the Quiet Zone Establishment Process Public Safety Considera ons Because the absence of rou ne horn sounding increases the risk of a crossing collision, a public authority that desires to establish a quiet zone usually will be required to mi gate this addi onal risk. At a minimum, each public highway rail crossing within a quiet zone must be equipped with ac ve warning devices: flashing lights, gates, constant warning me devices (except in rare circumstances) and power out indicators. In order to create a quiet zone, one of the following condi ons must be met 1. The Quiet Zone Risk Index (QZRI) is less than or equal to the Na onwide Significant Risk Threshold (NSRT) with or without addi onal safety measures such as Supplementary Safety Measures (SSMs) or Alterna ve Safety Measures (ASMs) described below. The QZRI is the average risk for all public highway rail crossings in the quiet zone, including the addi onal risk for absence of train horns and any reduc on in risk due to the risk mi ga on measures. The NSRT is the level of risk calculated annually by averaging the risk at all of the Na on s public highway rail grade crossings equipped with flashing lights and gates where train horns are rou nely sounded. 2. The Quiet Zone Risk Index (QZRI) is less than or equal to the Risk Index With Horns (RIWH) with addi onal safety measures such as SSMs or ASMs. The RIWH is the average risk for all public highway rail crossings in the proposed quiet zone when locomo ve horns are rou nely sounded. 3. Install SSMs at every public highway rail crossing. This is the best method to reduce to reduce risks in a proposed quiet zone and to enhance safety. SSMs are pre approved risk reduc on engineering treatments installed at certain public highway rail crossings within the quiet zone and can help maximize safety benefits and minimize risk. SSMs include: medians or channeliza on devices, one way streets with gates, four quadrant gate systems, and temporary or permanent crossing closures. Examples of SSMs are shown on the next page. ASMs are safety systems, other than SSMs, that are used to reduce risk in a quiet zone. ASMs typically are improvements that do not fully meet the requirements to be SSMs and their risk reduc on effec veness must be submi ed in wri ng and approved by FRA. FRA strongly recommends that all crossings in the quiet zone be reviewed by a diagnos c team. A diagnos c team typically consists of representa ves from the public authority, railroad, and State agency responsible for crossing safety and FRA grade crossing managers.

45 Guide to the Quiet Zone Establishment Process Public Safety Considera ons con nued Examples of SSMs Crossing Closure Four Quadrant Gate System Gates with Channelization Devices Gates with Medians Wayside Horns The train horn rule also provides another method for reducing the impact of rou ne locomo ve horn sounding when trains approach public highway rail grade crossings. A wayside horn may be installed at highway rail grade crossings that have flashing lights, gates, constant warning me devices (except in rare circumstances), and power out indicators. The wayside horn is posi oned at the crossing and will sound when the warning devices are ac vated. The sound is directed down the roadway, which greatly reduces the noise footprint of the audible warning. Use of wayside horns is not the same as establishing a quiet zone although they may be used within quiet zones. Cost Considera ons The enabling Federal statute did not provide funding for the establishment of quiet zones. Public authori es seeking to establish quiet zones should be prepared to finance the installa on of SSMs and ASMs used. Costs can vary from $30,000 per crossing to more than $1 million depending on the number of crossings and the types of safety improvements required. Legal Considera ons The courts will ul mately determine who will be held liable if a collision occurs at a grade crossing located within a quiet zone, based upon the facts of each case, as a collision may have been caused by factors other than the absence of an audible warning. FRA s rule is intended to remove failure to sound the horn as a cause of ac on in lawsuits involving collisions that have occurred at grade crossings within duly established quiet zones.

46 Guide to the Quiet Zone Establishment Process The Quiet Zone Establishment Process Under the Train Horn Rule, only public authori es are permi ed to establish quiet zones. Ci zens who wish to have a quiet zone in their neighborhood should contact their local government to pursue the establishment of a quiet zone. The following is a typical example of the steps taken to establish a quiet zone: 1. Determine which crossings will be included in the quiet zone. All public highway rail crossings in the quiet zone must have, at a minimum, an automa c warning system consis ng of flashing lights and gates. The warning systems must be equipped with constant warning me devices (except in rare circumstances) and power out indicators. The length of the quiet zone must be at least one half mile in length. 2. Iden fy any private highway rail grade crossings within the proposed quiet zone. If they allow access to the public or provide access to ac ve industrial or commercial sites, a diagnos c review must be conducted and the crossing(s) treated in accordance with the recommenda ons of the diagnos c team. 3. Iden fy any pedestrian crossings within the proposed quiet zone and conduct a diagnos c review of those crossings too. They also must be treated in accordance with the diagnos c team s recommenda ons. NOTE: While it is not required by the regula ons, FRA recommends that every crossing within a proposed quiet zone be reviewed for safety concerns. 4. Update the U.S. DOT Crossing Inventory Form to reflect current physical and opera ng condi ons at each public, private, and pedestrian crossing located within a proposed quiet zone. 5. Provide a No ce of Intent (NOI) to all of the railroads that operate over crossings in the proposed quiet zone, the State agency responsible for highway safety and the State agency responsible for crossing safety. The NOI must list all of the crossings in the proposed quiet zone and give a brief explana on of the tenta ve plans for implemen ng improvements within the quiet zone. Addi onal required elements of the NOI can be found in 49 CFR (b). The railroads and State agencies have 60 days in which to provide comments to the public authority on the proposed plan. 6. Alterna ve Safety Measures If ASMs are going to be used to reduce risk, an applica on to FRA must be made. The applica on must include all of the elements provided in 49 CFR (b)(1) and copies of the applica on must be sent to the en es listed in 49 CFR (b)(3). They will have 60 days to provide comments to FRA on the applica on. FRA will provide a wri en decision on the applica on typically within three to four months a er it is received.

47 Guide to the Quiet Zone Establishment Process The Quiet Zone Establishment Process con nued 7. Determine how the quiet zone will be established using one of the following criteria: (Note that Op ons 2 through 4 will require the use of the FRA Quiet Zone Calculator available at h p://safetydata.fra.dot.gov/quiet/.) 1. Every public highway rail crossing in the proposed quiet zone is equipped with one or more SSMs. The Quiet Zone Risk Index (QZRI) of the proposed quiet zone is less than or equal to the Na onwide Significant Risk Threshold (NSRT) without installing SSMs or ASMs. The QZRI of the proposed quiet zone is less than or equal to the Na onwide Significant Risk Threshold (NSRT) a er the installa on of SSMs or ASMs. The QZRI of the proposed quiet zone is less than or equal to the Risk Index with Horns (RIWH) a er the installa on of SSMs or ASMs. 8. Complete the installa on of SSMs and ASMs and any other required improvements determined by the diagnos c team at all public, private, and pedestrian crossings within the proposed quiet zone. 9. Ensure that the required signage at each public, private, and pedestrian crossing is installed in accordance with 49 CFR Sec ons , , and , and the standards outlined in the Manual on Uniform Traffic Control Devices. These signs may need to be covered un l the quiet zone is in effect. 10. Establish the quiet zone by providing a No ce of Quiet Zone Establishment to all of the par es that are listed in 49 CFR Sec on (a)(3). Be sure to include all of the required contents in the no ce as listed in 49 CFR Sec on (d). The quiet zone can take effect no earlier than 21 days a er the date on which the No ce of Quiet Zone Establishment is mailed. ***Appendix C to the Train Horn Rule provides detailed, step by step guidance on how to create a quiet zone.***

48 Guide to the Quiet Zone Establishment Process Required Documenta on Public authori es interested in establishing a quiet zone are required to submit certain documenta on during the establishment process. FRA has provided checklists for the various documents that can be found at h p:// FRA s Regional Grade Crossing Managers are available to provide technical assistance. A State s department of transporta on or rail regulatory agency also may be able to provide assistance to communi es pursuing quiet zones. Public authori es are encouraged to consult with the agencies in their State that have responsibility for crossing safety. Some States may have addi onal administra ve or legal requirements that must be met in order to modify a public highway rail grade crossing. Role of Railroads Communi es seeking to establish a quiet zone are required to send a No ce of Intent and a No ce of Quiet Zone Establishment to railroads opera ng over the public highway rail grade crossings within the proposed quiet zone. Railroad officials can provide valuable input during the quiet zone establishment process and should be included on all diagnos c teams. Listed below are links to the Class I Railroads and Amtrak. BNSF Railway (BNSF) CSX Transporta on (CSX) Canadian Na onal (CN) Kansas City Southern (KCS) Canadian Pacific (CP) Norfolk Southern (NS) Union Pacific (UP) Amtrak (ATK) FINAL NOTE The information contained in this brochure is provided as general guidance related to the Quiet Zone Establishment Process and should not be considered as a definitive resource. FRA strongly recommends that any public authority desiring to establish quiet zones take the opportunity to review all aspects of safety along its rail corridor. Particular attention should be given to measures that prevent trespassing on railroad tracks since investments made to establish a quiet zone may be negated if the horn has to be routinely sounded to warn trespassers.

49 POINTS OF CONTACT General Ques ons: Inga Toye, Debra Chappell, Ron Ries, Regional Contacts Region 1 Connec cut, Maine, Massachuse s, New Hampshire, New Jersey, New York, Rhode Island, and Vermont Region 2 Delaware, Maryland, Ohio, Pennsylvania, Virginia, West Virginia, and Washington, D.C Region 3 Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, and Tennessee Region 4 Illinois, Indiana, Michigan, Minnesota, and Wisconsin Region 5 Arkansas, Louisiana, New Mexico, Oklahoma, and Texas Region 6 Colorado, Iowa, Kansas, Missouri, and Nebraska Region 7 Arizona, California, Nevada, and Utah Region 8 Alaska, Idaho, Montana, North Dakota, South Dakota, Oregon, Washington, and Wyoming

50 Rail Moving America Forward The mission of the Federal Railroad Administra on is to enable the safe, reliable, and efficient movement of people and goods for a strong America, now and in the future. U.S. Department of Transporta on Federal Railroad Administra on 1200 New Jersey Avenue S.E. Washington, DC Telephone: Follow FRA on Facebook and Twi er September 2013

51 Community Development Department 1307 Cloquet Avenue Cloquet MN Phone: Fax: REQUEST FOR COUNCIL ACTION To: Mayor and City Council From: Al Cottingham, City Planner/Zoning Administrator Reviewed/Approved By: Brian Fritsinger, City Administrator Date: October 29, 2014 ITEM DESCRIPTION: ZONING CASE 14-15: CONDITIONAL USE PERMIT AMENDMENT FOR SHAMROCK LANDFILL Proposed Action Staff recommends the City Council move to adopt RESOLUTION NO A, A RESOLUTION APPROVING A CONDITIONAL USE PERMIT AMENDMENT TO ALLOW FOR THE EXPANDED HOURS OF OPERATION FOR SHAMROCK LANDFILL. Background/Overview A public hearing was held on Tuesday, October 14, 2014 to consider a conditional use permit amendment. The conditional use permit amendment is to amend the hours of Shamrock Landfill to be open until 5:00 pm on Saturday and from 8:00 am to 4:00 pm on Sunday in the HI Heavy Industry District. A legal notice was published in the Pine Journal on October 2, 2014 and property owners within 1320 feet were sent notices of the public hearing. On February 15, 2011 the City Council approved a conditional use permit for Shamrock Environmental, LLC for an Industrial Waste Landfill at 761 Highway 45 subject to a number of conditions. One of the conditions limited the hours of operation to 7:00 AM to 5:00 PM Monday through Friday and 7:00 AM to 1:00 PM on Saturday. None of the other conditions are proposed to change and will not be part of the discussion at this time. During the initial application there were many issues and concerns from area residents. The City worked with the Cloquet Citizen Advisory Committee on this and worked with them on the conditions of approval. There were a wide variety of legal issues involved which impacted the number and type of conditions that could be legally imposed. The Citizen Advisory Committee wanted more conditions while the owners wanted less. During the early operations of the landfill staff received anonymous complaints regarding the operations and upon investigation determined that they were unfounded. The landfill has been in operation for over two years and operated in a manner consistent with the CUP conditions. The City has received complaints regarding the gravel mining operations in the same area which is why some people may have thought it was the landfill.

52 To the Mayor and City Council CUP for Shamrock Landfill October 29, 2014 Page 2 In 2012 Shamrock Landfill proposed to have their operations open 24 hours a day, 7 days a week. This request was ultimately denied by the City Council. Concerns that were raised were the nighttime noise coming from the operation of the equipment along with the issue that they had not been in operation very long to establish any kind of a track record. On a related note, DemCon, Vonco II, and SKB, the largest industrial landfills in the Twin Cities are only open M-F and Saturday mornings. Vonco and DemCon are only open Saturday mornings during the summer; no Sunday or Saturday afternoons. The petitioner s narrative in his September 15, 2014, letter of application details the challenges developing with regional customers. Conditional Use Permit This operation was approved as a Conditional Use in 2011 with conditions placed upon it, a copy of that approval is attached to the report. The Zoning Ordinance states Conditional Use Permits may be granted when they comply with the following approval criteria: (Staff comments in italic) 1. Consistency with the Comprehensive Plan. The relationship of the proposed use to the goals, objectives, and policies of the City of Cloquet Comprehensive Plan. The Plan identifies the area as interim mining with commercial-industrial reserve following that. 2. Compatibility. The compatibility of the proposed use with existing development within three hundred (300) feet of the proposed use and within five hundred (500) feet along the same street and development anticipated in the foreseeable future within the neighborhood and conditions that would make the use more compatible. The proposed use is compatible with the former use of this site as a gravel mining operation. Access to the site is via Highway 45 to the east along with one of the gravel operations, the Sappi wood lot and Carlson Timber. 3. Importance of services to the community. The importance of the services provided by the proposed facility to the community, if any, and the requirements of the facility for certain locations, if any, and without undue inconvenience to the developer, and the availability of alternative locations equally suitable. The landfill provides a location for industrial demolition materials to be brought for business in Cloquet and the surrounding area. 4. Neighborhood protections. The sufficiency of terms and conditions proposed to protect and maintain the uses in the surrounding neighborhood. With the approval in 2011 there were a number of conditions to protect the residents some 1500 feet away. This included a berm and plantings.

53 To the Mayor and City Council CUP for Shamrock Landfill October 29, 2014 Page 3 5. Conformance with other requirements of this Chapter. The conformance of the proposed development with all provisions of this Chapter. The proposed new hours of operation will be in compliance with all requirements of the Zoning Ordinance and the approved conditional use permit. 6. Other factor. Other factors pertinent to the proposed use, site conditions, or surrounding area considerations that the Planning Commission or the City Council feels are necessary for review in order to make an informed and just decision. Policy Objectives The Conditional Use Permit is for the Industrial Landfill in the HI Heavy Industry District. Financial/Budget/Grant Considerations The applicant has paid the conditional use permit fees. Advisory Committee/Commission Action The Planning Commission considered this request at their meeting on October 14th and has recommended approval of the Conditional Use Permit Amendment on a 4 3 vote. The recommendation was to allow the hours of operation from 7:00 am to 5:00 pm Monday through Saturday and from Noon to 4:00 pm on Sunday. The members opposed to the resolution stated they did not want the operation to be open on Sunday. Two of the three opposed stated they were okay with the proposed Saturday hours. Supporting Documentation Attached Resolution 14-71A and 14-71B Location Map Petitioner s Narrative Resolution Approving the CUP Noise Study, July 2012

54 STATE OF MINNESOTA COUNTY OF CARLTON CITY OF CLOQUET RESOLUTION NO A A RESOLUTION APPROVING A CONDITIONAL USE PERMIT AMENDMENT TO ALLOW FOR THE EXPANDED HOURS OF OPERATION FOR SHAMROCK LANDFILL WHEREAS, An Application has been submitted by Shamrock Landfill to amend their existing conditional use permit which was approved on February 15, The amendment request is pursuant to of the City Code, for the 59-acre Industrial Landfill to modify their hours of operation to allow expanded hours on Saturday to 5:00 PM and Sunday hours of 8:00 AM to 4:00 PM; and WHEREAS, As required by ordinance, notification was advertised in the Pine Journal and all neighbors within 1320 feet were notified. A public hearing was held to consider the Application at the regular meeting of the Cloquet Planning Commission on October 14, 2014 at which time Zoning Case / Development Review No was heard and discussed; and WHEREAS, The property of the proposed Conditional Use Permit Amendment is located at 761 Highway 45 and is legally described as follows: That part of the West feet of the Northwest Quarter of the Southeast Quarter, Section 25, Township 49, Range 17, Carlton County, Minnesota, which lies southerly of Interstate Highway 35 and northerly of the South feet of said Northwest Quarter of the Southeast Quarter. AND ALSO That part of the South feet of the North Half of the Southeast Quarter, Section 25, Township 49, Range 17, Carlton County, Minnesota, which lies westerly of the right-ofway of the Great Northern Railway (now known as Burlington Northern Santa Fe Railroad). AND ALSO That part of the East feet of the Northeast Quarter of the Southwest Quarter, Section 25, Township 49, Range 17, Carlton County, Minnesota, which lies southerly of Interstate Highway 35. AND ALSO The east feet of the Southeast Quarter of the Southwest Quarter, Section 25, Township 49, Range 17, Carlton County, Minnesota. AND ALSO The South Half of Southeast Quarter lying West of Great Northern Railway Company s right-of-way (now known as Burlington Northern Santa Fe Railroad), Section 25, Township 49, Range 17, according to the United States Government Survey thereof. EXCEPT those two parcels lying within the following described tracts: 1. Beginning at a point on the south line of said Section 25, distant 100 feet west of the southeast corner of SW ¼ of SE ¼ thereof; thence run northeasterly at an angle of 68 degrees 00 minutes with said south line for 475 feet; thence deflect to the left at an angle of 112 degrees 00 minutes for 500 feet; thence deflect to the left at an angle of 68 degrees 00 minutes for 475 feet; thence deflect to the left at an angle of 112 degrees 00 minutes for 500 feet to the beginning.

55 2. From a point on the south line of said Section 25 distant of 100 feet west of the southeast corner of SW ¼ of SE 1/4, thereof, run northeasterly at an angle of 68 degrees 00 minutes with said south section line for 475 feet to the point of beginning; thence continue northeasterly along the above described course to its intersection with a line run parallel with and distant 660 feet north of the south line of said Section 25; thence run west along said 660 foot parallel line to its intersection with a line run parallel with and distant 992 feet west of the east line of the SW ¼ of SE ¼ of said Section 25; thence run south along said 992 foot parallel line to the south line of said Section 25; thence run east along said section line for 392 feet; thence deflect to the left 68 degrees 00 minutes for 475 feet; thence deflect to the right 68 degrees for 500 feet to the point of beginning. WHEREAS, The Cloquet Planning Commission reviewed the Application to Amend the Conditional Use Permit for Shamrock Landfill to allow expanded hours of operation on Saturday and new hours on Sunday per Section Subdivisions 3 and 4 of the Cloquet Zoning Ordinance and made a finding of fact as follows: 1. The landfill as previously determined had a legal right to establish their business in this location as a land use. After a moratorium on landfills in 2011, landfills are no longer allowed to be established or expanded in the City of Cloquet. 2. The proposed use is compatible with existing development within 300 of the proposed use and within 500 along the same street and development anticipated in the foreseeable future within the neighborhood and conditions would make the use more compatible. 3. The service provided by the landfill is important to the community. 4. The Amended Conditional Use Permit will continue to protect and maintain neighborhood protections for the surrounding neighborhood with these modified hours of operation. 5. This application is in conformance with other requirements of the Cloquet Zoning Ordinance. 6. There are no other factors or additional conditions impacting this application. NOW THEREFORE BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF CLOQUET, MINNESOTA, That it approves Zoning Case for an amendment to the Conditional Use Permit for Shamrock Landfill subject to the following condition: 1. The hours of operation shall be Monday through Saturday, 7:00 AM to 5:00 PM and Sunday, Noon to 4:00 PM. Exceptions to the hours are per the approved Conditional Use Permit. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CLOQUET THIS 5TH DAY OF NOVEMBER, ATTEST: Bruce Ahlgren, Mayor Brian Fritsinger, City Administrator

56 STATE OF MINNESOTA COUNTY OF CARLTON CITY OF CLOQUET RESOLUTION NO B A RESOLUTION DENYING A CONDITIONAL USE PERMIT AMENDMENT TO ALLOW FOR THE EXPANDED HOURS OF OPERATION FOR SHAMROCK LANDFILL WHEREAS, An Application has been submitted by Shamrock Landfill to amend their existing conditional use permit which was approved on February 15, The amendment request is pursuant to of the City Code, for the 59-acre Industrial Landfill to modify their hours of operation to allow expanded hours on Saturday to 5:00 PM and Sunday hours of 8:00 AM to 4:00 PM; and WHEREAS, As required by ordinance, notification was advertised in the Pine Journal and all neighbors within 1320 feet were notified. A public hearing was held to consider the Application at the regular meeting of the Cloquet Planning Commission on October 14, 2014 at which time Zoning Case / Development Review No was heard and discussed; and WHEREAS, The property of the proposed Conditional Use Permit Amendment is located at 761 Highway 45 and is legally described as follows: That part of the West feet of the Northwest Quarter of the Southeast Quarter, Section 25, Township 49, Range 17, Carlton County, Minnesota, which lies southerly of Interstate Highway 35 and northerly of the South feet of said Northwest Quarter of the Southeast Quarter. AND ALSO That part f the South feet of the North Half of the Southeast Quarter, Section 25, Township 49, Range 17, Carlton County, Minnesota, which lies westerly of the right-ofway of the Great Northern Railway (now known as Burlington Northern Santa Fe Railroad). AND ALSO That part of the East feet of the Northeast Quarter of the Southwest Quarter, Section 25, Township 49, Range 17, Carlton County, Minnesota, which lies southerly of Interstate Highway 35. AND ALSO The east feet of the Southeast Quarter of the Southwest Quarter, Section 25, Township 49, Range 17, Carlton County, Minnesota. AND ALSO The South Half of Southeast Quarter lying West of Great Northern Railway Company s right-of-way (now known as Burlington Northern Santa Fe Railroad), Section 25, Township 49, Range 17, according to the United States Government Survey thereof. EXCEPT those two parcels lying within the following described tracts: 1. Beginning at a point on the south line of said Section 25, distant 100 feet west of the southeast corner of SW ¼ of SE ¼ thereof; thence run northeasterly at an angle of 68 degrees 00 minutes with said south line for 475 feet; thence deflect to the left at an angle of 112 degrees 00 minutes for 500 feet; thence deflect to the left at an angle of 68 degrees 00 minutes for 475 feet; thence deflect to the left at an angle of 112 degrees 00 minutes for 500 feet to the beginning.

57 2. From a point on the south line of said Section 25 distant of 100 feet west of the southeast corner of SW ¼ of SE 1/4, thereof, run northeasterly at an angle of 68 degrees 00 minutes with said south section line for 475 feet to the point of beginning; thence continue northeasterly along the above described course to its intersection with a line run parallel with and distant 660 feet north of the south line of said Section 25; thence run west along said 660 foot parallel line to its intersection with a line run parallel with and distant 992 feet west of the east line of the SW ¼ of SE ¼ of said Section 25; thence run south along said 992 foot parallel line to the south line of said Section 25; thence run east along said section line for 392 feet; thence deflect to the left 68 degrees 00 minutes for 475 feet; thence deflect to the right 68 degrees for 500 feet to the point of beginning. WHEREAS, The Cloquet Planning Commission reviewed the Application to Amend the Conditional Use Permit for Shamrock Landfill to allow expanded hours of operation on Saturday and new hours on Sunday per Section Subdivisions 3 and 4 of the Cloquet Zoning Ordinance and made a finding of fact as follows: 1. The landfill as previously determined had a legal right to establish their business in this location as a land use. After a moratorium on landfills in 2011, landfills are no longer allowed to be established or expanded in the City of Cloquet. 2. Being that noise travels a significant distance from this sand and gravel pit, modifying the hours of operation is not compatible with residential homes 1500 to the west of the landfill. 3. The service provided by the landfill is important to the community. 4. Approving the Amendment to the existing Conditional Use Permit will reduce neighborhood protections for the surrounding neighborhood increasing the potential for nuisance noise complaints. The approved hours of operation were specifically negotiated to provide adequate neighborhood protections and for reasonable peace, comfort and welfare of persons residing or working in the surrounding area, to not create materially detrimental to the use, enjoyment or valuation of property of other persons located in the vicinity of the site including the areas within 300 feet of the proposed use and within 500 feet along the same street, and will not jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare. 5. This application is in conformance with other requirements of the Cloquet Zoning Ordinance. 6. There are no other factors or additional conditions impacting this application. NOW THEREFORE BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF CLOQUET, MINNESOTA, That the City of Cloquet denies the approval of an Amendment to the Shamrock Landfill Conditional Use Permit issued on February 15, 2011, pertaining to additional hours of operation. PASSED BY THE CITY COUNCIL OF THE CITY OF CLOQUET THIS 5TH DAY OF NOVEMBER, ATTEST: Bruce Ahlgren, Mayor Brian Fritsinger, City Administrator

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86 DEPARTMENT OF PUBLIC WORKS 1307 Cloquet Avenue Cloquet MN Phone: Fax: Street - Water - Sewer - Engineering REQUEST FOR COUNCIL ACTION To: Mayor and City Council From: James R. Prusak, Director of Public Works Reviewed by: Brian Fritsinger, City Administrator Date: October 30, 2014 ITEM DESCRIPTION: Approve Plans by Carlton County for Roadway and Bridge Improvements along University Road from Moorhead Road, North to Airport Road Proposed Action Staff recommends the City Council move to adopt RESOLUTION 14-73, APPROVING PLANS BY CARLTON COUNTY FOR ROADWAY AND BRIDGE IMPROVEMENTS ALONG CSAH NO. 5 (UNIVERSITY ROAD) FROM CSAH NO. 26 (MOORHEAD ROAD), NORTH TO CO. RD. 115 (AIRPORT ROAD) UNDER SAP AND SAP Background/Overview As part of their roadway improvement program, the Carlton County Transportation Department proposes to make improvements to University Road beginning at Moorhead Road on the south end and continuing north through the University of Minnesota s Forestry Station to Airport Road on the north end (approximately 2.6 miles). The project would include restoration of the existing bituminous pavement and a replacement of the existing bridge or box culvert at Otter Creek. Both projects will be paid for with County State Aid gas tax funds and in accordance with State rules, approval is first required by the City Council (local jurisdiction). At one time Carlton County actually proposed closing this section of University Road through the Forestry Station and rerouting traffic on to Cartwright Road, which is currently under construction. This is no longer the case and the County Transportation Department has now proposed the improvement of this section of University Road as the pavement is in very poor condition. At this time, work is anticipated to take place during Policy Objectives To work cooperatively with Carlton County to complete County State Aid Highway improvement projects in accordance with State rules. Financial/Budget/Grant Considerations This project will be paid for by Carlton County with the use of their County State Aid Highway dollars. There will be no expense to the City of Cloquet.

87 To the Mayor and City Council University Road Improvements October 30, 2014 Page 2 of 2 Advisory Committee/Commission Action N/A Supporting Documentation Attached Resolution No Project Location Map. Existing and Proposed Typical Sections.

88 CITY OF CLOQUET COUNTY OF CARLTON STATE OF MINNESOTA RESOLUTION NO APPROVING PLANS BY CARLTON COUNTY FOR ROADWAY AND BRIDGE IMPROVEMENTS ALONG CSAH NO. 5 (UNIVERSITY ROAD) FROM CSAH NO. 26 (MOORHEAD ROAD), NORTH TO CO. RD. 115 (AIRPORT ROAD) UNDER SAP AND SAP WHEREAS, Plans by the Carlton County Transportation Department for Projects No. SAP AND SAP , showing the proposed alignment, profiles, grades, cross-sections and bridge improvements along County State Aid Highway No. 5 (University Road) within the limits of the City of Cloquet as State Aid Projects have been prepared and presented to the City. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF CLOQUET, MINNESOTA, that said plans are hereby approved. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CLOQUET THIS 5TH DAY OF NOVEMBER, Bruce Ahlgren, Mayor ATTEST: Brian Fritsinger, City Administrator

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