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2016-05-02 CC Agenda Packeta11110Aiii°�Nuu�rc���od�h�H���oo��'�IWiuu�w lb�rtvijj� Small "r aa,ew living. Big QR,,� life. City of Albertville Council Agenda Monday, May 2, 2016 City Council Chambers 7:00 p.m. PUBLIC COMMENTS -The City of Albertville welcomes and encourages public input on issues listed on the agenda or of general community interest. Citizens wishing to address the Council regarding specific agenda items, other than public hearings are invited to do so under Public Forum and are asked to fill out a "Request to Speak Card". Presentations are limited to five (5) minutes. 1. Call to Order 2. Pledge of Allegiance — Roll Call 3. Recognitions — Presentations — Introductions 4. Public Forum — (time reserved 5 minutes) 5. Amendments to the Agenda 6. Consent Agenda All items under the Consent Agenda are considered to be routine by the City staff and will be enacted by one motion. In the event an item is pulled, it will be discussed in the order it is listed on the Consent agenda following the approval of the remaining Consent items. These items will be approved by a separate motion. A. Approve the April 18, 2016 Local Board of Appeals and Equalization meeting minutes as presented (pgs 4-5) B. Approve the April 18, 2016 regular City Council meeting minutes as presented (pgs 6- 12) C. Authorize the Monday, May 2, 2016 payment of claims as presented, except bills specifically pulled which are passed by separate motion. The claims listing has been provided to City Council as a separate document and is available for public view at City Hall upon request (pg 13) D. Accept the Accounts Receivable report through April 25, 2016 (pgs 14-15) E. Accept the 2016 let Quarter Budget to Actual Report (pgs 16-17) F. Approve a Temporary 3.2% Malt Liquor License for the Knights of Columbus for the 2016 Albertville Friendly City Days festival held in Central Park (pgs 18-20) G. Adopt Ordinance 2016-02 and Ordinance 2016-03 adopting minor revisions to Title 2, Chapter 2, Planning Commission, and Title 10, Chapter 7, Sign Regulations (pgs 21- 56) H. Approve Resolution 2016-011 approving the Minnesota Lawful Gambling LG230 application to conduct bingo on Saturday, June 11, 2016 during Albertville Friendly City Days at St. Albert Parish Center, located at 11400 57th Street NE (pgs 57-60) 7. Public Hearings — None M:APublic Data\City Council\Counc 1 Agendas\2016 Agenda Packets\2016-05-02 CC Agenda.docx Meeting Date: May 2, 2016 Agenda Page 1 City of Albertville Council Agenda Monday, May 2, 2016 Page 2 of 3 8. Department Business A. City Clerk 1). New Liquor License For Hana 168 Restaurant Inc. for the Premises Located at 6730 Laketowne Place NE (pgs 61-62) (Motion to approve the On -Sale Intoxicating Liquor and Sunday Sale Licenses for Hana 168 Restaurant Inc. for the premises located at 6730 Laketowne Place NE contingent upon receipt of workers compensation and liquor liability insurance, successful results of background checks, and compliance with all building and fire codes) 2). Liquor Compliance Violation (pgs 63-68) (Motion to require liquor compliance training for employees of EK Restaurant, LLC, DBA Emma Krumbee's, located at 11935 59t�Place NE in lieu a civil fine for a liquor compliance violation) B. City Council 1). Neighbor's Eatery and Saloon Compliance Extension (pgs) - Discussion 2). Committee Updates (STMA Ice Arena, Planning, JPWB, Parks, Fire Board, FYCC etc.) 3). Park Committee Notes (pg 69) 4). STMA Open Enrollment — Discussion C. Fire 1). Wright County Mulit-Hazard Mitigation Plan (pgs 70-72) (Motion to approve Resolution No. 2016-=entitled A Resolution Adopting the Wright County Multi -Hazard Mitigation Plan.) 2). Purchase of New Rescue/Medical Response Unit (pgs 73-74) (Motion to authorize the purchase of a new red Chevrolet Suburban fleet vehicle under State Contract; and authorize the purchase and equipping of emergency equipment and graphic lettering, based on low quotes, for a total purchase amount not -to -exceed $60, 000.) D. Public Works/Engineering 1). 2016 Traffic Signal Painting (pg 75) (Motion to approve the proposal of Pole Painting Plus in the amount of $11, 375 to prep and paint the signal systems at CSAH 19 and CSAH 37, and at CSAH 19 and Outlet Mall.) 2). Main Avenue Railroad Crossing — Discussion 3). Central Park Ballfield Lights — Discussion E. Finance —None F. Planning/Zoning — None G. Building —None M:APublic Data\City Council\Council Agendas\2016 Agenda Packets\2016-05-02 CC Agenda.docx Meeting Date: May 2, 2016 Agenda Page 2 City of Albertville Council Agenda Monday, May 2, 2016 Page 3 of 3 H. Legal 1). City Attorney Report (pgs 76-77) L Administration 1). City Administrator's Update (pgs 78-82) 2). Personnel Committee - Administrator Wage Increase Recommendation (Handout) 9. Announcements and/or Upcoming Meetings May 9 STMA Ice Arena Board, 6:00 p.m. May 10 Planning Commission, CANCELLED May 16 City Council, 7:00 p.m. May 20 Explore Your Parks Night, 6:00-8:00 p.m. May 23 Joint Powers Water Board, 6:00 p.m. Parks Committee, 8:00 p.m. May 30 City Offices Closed, Memorial Day June 6 City Council, 7:00 p.m. June 8-12 AFCD June 13 STMA Ice Arena Boad, 6:00 p.m. June 14 Planning Commission, 7:00 p.m. June 20 City Council, 7:00 p.m. June 27 Joint Powers Water Board, 6:00 p.m. 10. Adjournment M:APublic Data\City Council\Council Agendas\2016 Agenda Packets\2016-05-02 CC Agenda.docx Meeting Date: May 2, 2016 Agenda Page 3 A1bcrtvifflllc Small Town 4AAng. Big Cky Ufa. CITY OF ALBERTVILLE LOCAL BOARD OF APPEAL AND EQUALIZATION CITY HALL — COUNCIL CHAMBERS April 18, 2016 DRAFT MINUTES ROLL CALL PRESENT: Board members Jillian Hendrickson, Walter Hudson, Rob Olson, Larry Sorensen, and John Vetsch ABSENT: None OTHERS PRESENT: City Administrator-PWD Adam Nafstad, City Clerk Kimberly Olson, Albertville Appraiser Wally Peterson, Senior Appraiser Tammy Anderson, Appraiser Brice Nelson, Appraiser Melissa Janzen Hendrickson called the meeting to order at 6:00 p.m. PRESENTATION - WRIGHT COUNTY ASSESSOR'S OFFICE Peterson began by explaining that the purpose of the Local Board of Appeal and Equalization is to review the assessment of property. This Local Board of Appeal and Equalization is being held for the 2016 assessment for taxes due and payable in 2017. Peterson reported taxes payable are always based on the prior year's value, which is determined using sales data from a previous time period, in this case it based on a study that occurred between October 1, 2014 and September 30, 2015. Peterson introduced Appraisers Nelson and Janzen and Senior Appraiser Anderson as the new appraisers for the City of Albertville. Peterson stated that Wright County is looking at conducting open book meetings for the municipalities and townships that request them. He explained that open book meetings are an alternative to the Local Board of Appeals and Equalization where the meetings are held with County officials. It provides an informal setting where residents can meet with County appointments with no appointment necessary. It also allows a longer period of time for a resident to appeal their valuation. Peterson stated some cities are interested whereas others prefer to maintain local control with their local board at the city level. Sorensen stated that would take away the city's ability to lower taxes if the Council wishes to do so. Vetsch felt that elected officials need to be aware of the market. Vetsch and Sorensen would like to keep the Local Board of Appeals and Equalization as is. Anderson explained the timeline required to change if the Council decided to change to open book meetings. Agen"Vage 4 City of Albertville Meeting Minutes Local Board of Appeal and Equalization April 18, 2016 Page 2 of 2 Peterson reported there were 130 qualified and 27 unqualified (foreclosed) residential sales. The median price for the qualified sales was $195,667. He stated that unqualified sales (foreclosure/bank sales) were trending down. Peterson stated residential values increased 4.74%, commercial values increased 0.07%, and apartment values increased 7.03%. Peterson reported they received two requests for changes in valuation of property. PID#101-062-004170, 10514 Karston Avenue NE Peterson reported the homeowner had requested a reduction in value from $308,200. Peterson stated he was able to review the home and noticed the amount of finished square footage I the basement was incorrect. He suggested reducing the value to $290,000, a decrease of $18,200. Motioned by Hudson, seconded by Hendrickson, to approve the reduction in value from $308,200 to $290,000 for property at 10514 Karston Avenue NE, PID# 101-062-004170. Ayes: Hendrickson, Hudson, Olson, Sorensen, and Vetsch. Nays: None. Absent. None. MOTION DECLARED CARRIED. PID# 101-096-001060, 10598 49th Street NE Peterson reported this was a blanket request for multiple rental properties in Wright County and this is the only one in Albertville. Since the appraisers could not gain access to the home and they did not provide accurate comparables, he recommended denial of the request. Motioned by Sorensen, seconded by Hudson, to make no change in value for property at 10598 491h StreetNE, PID# 101-096-001060. Ayes: Hendrickson, Hudson, Olson, Sorensen, and Vetsch. Nays: None. Absent. None. MOTIONDECLARED CARRIED. ADJOURNMENT Motioned by Hudson, seconded by Vetsch, to close the Valuation Hearing and adjourn the meeting at 6:30 p.m. Ayes: Hendrickson, Hudson, Olson, Sorensen, and Vetsch. Nays: None. Absent. None. MOTION DECLARED CARRIED. Respectfully submitted, Kimberly A. Olson, City Clerk Agenda Page 5 Nbertville &—l'ik>xu ,, W.g. Big (My tier. ALBERTVILLE CITY COUNCIL Monday, April 18, 2016 DRAFT MINUTES ALBERTVILLE CITY HALL 1. CALL TO ORDER - PLEDGE OF ALLEGIANCE Mayor Hendrickson called the meeting to order at 7:00 p.m. 2. ROLL CALL 7:00 PM Present: Mayor Hendrickson and Council members Hudson, Olson, Sorensen, and Vetsch Absent: None Staff Present: City Administrator-PWD Adam Nafstad, City Attorney Mike Couri, City Planner Al Brixius, Fire Chief Eric Bullen, and City Clerk Kimberly Olson Others Present: Caroline Stuntsman, Ralph Munstertieger, Mike Leuer, Dave Shannon, Roger Derham, and Josh Ohotto 3. RECOGNITIONS — PRESENTATIONS — INTRODUCTIONS A. 2015 Audit Presentation by BerganIKDV Caroline Stuntsman of BerganKDV presented the findings of the 2015 audit that was performed by BerganKDV. She stated their job is to form an opinion on the financial statements of the City of Albertville provided by BerganKDV management. She stated the City's Comprehensive Annual Financial Report is the highest and most transparent form of financial reporting. She stated they had an unmodified opinion and a midlevel finding that involves the segregation of duties. She stated this is a typical finding in many cities, especially smaller cities with limited staff. Stuntsman stated the revenue was over the budgeted amount due to an increase in charges for services, licenses and permits. Expenditures were under budget due to savings in department budgets. There was a transfer of $300,000 from the general fund to capital. Minimum fund balance should be not less than 35% of the next years budgeted expenses. The City is currently at 52% and is within the City's policy. Stuntsman reviewed the enterprise funds. She stated the sewer fund is not funding depreciation, but overall is doing well. In regards to the water fund, the rates are not covering the normal operation of the fund. She stated that within three years, the City will need to address the situation. Hendrickson stated they had approved a base fee step increase for five years and inquired if that is still not covering the fund. Stuntsman replied that although it is a step in the right direction and it has Page 1 Agenda Page 6 helped, they will need to evaluate and do something further within the next few years. Hudson inquired about how the rates are set in regards to the City's rates and the Joint Powers Water Board rates. Nafstad replied that the rates Stuntsman is referring to are just the City's portion of the water rates and the Joint Powers Water Board sets their own. Motioned by Sorensen, seconded by Olson, to approve the Communication Letter provided by BERGANKDV. Ayes: Hendrickson, Hudson, Olson, Sorensen, and Vetsch. Nays: None. Absent. None. MOTION DECLARED CARRIED. Motioned by Hudson, seconded by Olson, to approve the 2015 Comprehensive Annual Financial Report. Ayes: Hendrickson, Hudson, Olson, Sorensen, and Vetsch. Nays: None. Absent. None. MOTION DECLARED CARRIED. B. STMA Soccer Building Concept Brixius reported that STMA Soccer's lease on the City's building will expire in 2019 and they are experiencing rapid growth. STMA Soccer stated the current building will no longer meet their needs as they continue to grow. They have been successful tenants and an attraction to downtown Albertville. He stated that STMA Soccer is proposing a tear -down of the current building located at 5964 Main Avenue NE and construction of a two story building with two futsal fields, mudroom, and office space. Even with added diagonal parking, they will need to continue to rely on parking availability at City Hall. The proposal is for the new building to be a City owned building and STMA Soccer would provide a large down payment and monthly lease installments for a 15 year lease agreement. These payments are proposed to cover the debt and operating costs of the building proj ect. Roger Derham, STMA Soccer Director of Coaching, stated their current lease has been an overwhelming success and has provided an anchor to other businesses in the area. He stated they are already nearing their projected enrollment numbers for 2019. Hudson inquired why STMA Soccer does not want to own the building. Derham replied that leadership changes every two years and as such it is hard for them to take on that liability. Josh Ohotto, STMA Soccer Vice President, stated they are not set up to own and operate a building or to manage the construction of a building. Hendrickson stated that she struggles with the concept, because there is also a need for an ice arena expansion. Couri reported there are several key differences: 1. The project will fund itself overtime and the City will not be out any funds 2. The current lease is a good trial run; they have proven to be good tenants and have a good track record 3. The ice arena expansion could not pay for itself and would take considerable City funding Ohotto stated they have had a successful partnership and they can continue to grow the community. Hendrickson stated that it is a perception issue among the public. Sorensen stated that it is two very City Council Meeting Minutes Page 2 Regular Meeting of April 18, 2016 Agenda Page 7 different scenarios. Sorensen and Olson would like to move forward to develop a more detailed plan. Hudson stated that he has reservations for several reasons: 1. Concern with a City building as a soccer facility and the building built specifically for sports 2. There is a degree of uncertainty 3. Will other non -profits approach the City for similar requests However, he is not opposed to further investigation of a more detailed plan. Nafstad stated that STMA Soccer will need to know in the coming months if they will stay in Albertville or look elsewhere. Sorensen asked how long it will take to come back to Council with a more detailed plan. Brixius stated a few months, less than six. Motioned by Sorensen, seconded by Olson, to direct City staff to continue to work with STMA Soccer to develop a more detailed plan for the expansion of the STMA soccer facility at 5964 Main Avenue NE, to specifically include more accurate building design, building costs, site preparation costs, project financing, and lease agreement. Ayes: Hendrickson, Hudson, Olson, Sorensen, and Vetsch. Nays: None. Absent. None. MOTION DECLARED CARRIED. C. Heuring Meadows Property — Presentation by Mike Leuer Mike Letter stated they had studies conducted on the need for 55+ housing and it showed a need. They are proposing a 50 unit 55+ senior apartment building on the lot. Ralph Munstertieger stated another study showed the need for market rate apartments in the area. Their proposal for the whole lot is two market rate apartment buildings and one 55+ senior (independent living) apartment building on the west side of the lot with commercial space on the east side along CSAH 19. He stated they are looking to change the zoning to B-3 rather than B-2 for the commercial portion to accommodate a drive-thru restaurant or something similar. Olson suggested PUD zoning for the lot and Brixius agreed that may be the best option to allow the City to create a master plan. It would also allow the City to define uses and building standards for the whole lot. Another zoning option would be B2-A. Brixius also suggested some landscaping to provide a buffer from the neighboring homes. Council discussed briefly and was not opposed to the idea. Brixius stated that Letter and Munstertieger meet with City staff prior to submitting a development application. Couri reminded them that an application can only be submitted if taxes are current and Letter stated they will be paid within the week. 4. PUBLIC FORUM — (time reserved 5 minutes) There was no one present at the forum. City Council Meeting Minutes Page 3 Regular Meeting of April 18, 2016 Agenda Page 8 5. AMENDMENTS TO THE AGENDA There were no amendments to the agenda. Motioned by Hudson, seconded by Sorensen, to approve the Agenda as presented. Ayes: Hendrickson, Hudson, Olson, Sorensen, and Vetsch. Nays: None. Absent. None. MOTION DECLARED CARRIED. 6. CONSENT AGENDA All items under the Consent Agenda are considered to be routine by the City staff and will be enacted by one motion. In the event an item is pulled, it will be discussed in the order it is listed on the Consent agenda following the approval of the remaining Consent items. These items will be approved by a separate motion. A. Approve the April 4, 2016 regular City Council meeting minutes as presented B. Authorize the Monday, April 18, 2016 payment of claims as presented, except bills specifically pulled which are passed by separate motion. The claims listing has been provided to City Council as a separate document and is available for public view at City Hall upon request C. Approve Resolution No. 2016-009 entitled a Resolution Authorizing and Documenting Inter -Fund Loans to Fund Negative Fund balances D. Approve Resolution No. 2016-010 entitled a Resolution to Transfer Funds Motioned by Sorensen, seconded by Olson, to approve the Consent Agenda as presented. Ayes: Hendrickson, Hudson, Olson, Sorensen, and Vetsch. Nays: None. Absent. None. MOTION DECLARED CARRIED. 7. PUBLIC HEARINGS — None 8. DEPARTMENT BUSINESS A. City Council 1). Committee Updates (STMA Ice Arena, Planning, JPWB, Parks, Fire Board, FYCC, etc.) Fire Board Sorensen stated they have had two meetings, the Advisory Committee and Fire Department meeting. They have shared the Mall of Entertainment information with the full department. STMA Ice Arena Board Hudson reported they received the ice arena's audit information and also discussed a concern about lacrosse playing in the arena without some type of turf covering. They had received a concern from a parent. He stated that many practice areas for lacrosse are similar and do not play on turf. He added there is also the added factor of storage and it is cost prohibitive. City Council Meeting Minutes Page 4 Regular Meeting of April 18, 2016 Agenda Page 9 B. Fire 1). Fire Update Bullen reported that a new Reserve Firefighter began on April 7, 2016 and brings very good qualifications and skills to the department. Bullen stated they have been working on a plan for a memorial project in front of the Fire Hall and it would replace the current sign. They have a landscaping company that is donating and the Albertville Lions have also donated $10,000. Motioned by Vetsch, seconded by Sorensen, to approve the final plan for the Fire Department Memorial at the Fire Hall. Ayes: Hendrickson, Hudson, Olson, Sorensen, and Vetsch. Nays: None. Absent. None. MOTION DECLARED CARRIED. Bullen provided a recap of the grants the department has applied for. Bullen stated staff has looked at the capital improvement plan for the Fire Department and recommend extending the replacement of Tender 11 to 2020 rather than 2017. Staff also recommends discontinuing and selling Rescue 11, which has mainly been used to respond to medical calls. In return, they are looking at purchasing a Medical Response Vehicle. Nafstad stated that this will not impact the overall CIP. Olson stated he was in support of those changes. Bullen estimated this item could be brought back to Council in May. Bullen reported on the shared services discussion and the key issues appeared to be voting members and the value of equipment. Couri stated that moving forward it should be made clear that if they move forward with the Joint Fire Service, both cities must be committed indefinitely. Sorensen stated they may want to have a workshop with the entirety of the Albertville Council in the near future. Hudson excused himself from the meeting at 8:57 p.m. C. City Clerk 1). Albertville Friendly City Days Committee Request for Street Closures and Park Hours Clerk Olson reported the AFCD Committee has submitted their request for street closures around Central Park as well as an extension of park hours on Friday, June 10 and Saturday, June 11 until 1:00 p.m. She reported the City has received a request for the music on Friday and Saturday to be turned down or stopped prior to 1:00 a.m. She stated that the AFCD Committee already has the bands confirmed and under contract to perform until 1:00 a.m. both days. Council discussed and felt it is only one weekend of the year and was in favor of granting the Committee's request as outlined in their letter. Motioned by Olson, seconded by Sorensen, to approve the AFCD Committee request for street closings and modified Central Park hours identified in the attached AFCD Committee letter to the City Council Meeting Minutes Page 5 Regular Meeting of April 18, 2016 Agenda Page 10 City Council. Ayes: Hendrickson, Hudson, Olson, Sorensen, and Vetsch. Nays: None. Absent. None. MOTION DECLARED CARRIED. D. Finance — None E. Public Works/Engineering — None F. Planning/Zoning — None G. Building —None H. Legal — None L Administration 1). Main Avenue NE/CSAH 37 Digital Sign Nafstad reported the current sign is not working and is not repairable. He reported he received three quotes to replace the city identification and reader board portion of the sign with a double sided, approximately 5' x 10', digital sign. The low quote from Color Sign Systems is $48,218 and also includes a retrofit of the current lighting on the ad panels to LEDs and replacement of the ad panels to a uniform color and font. The sign is heavily used by non-profit groups, FYCC, Lions Club, Fire Department, and for City events. The funds would come from general fund reserves. Olson inquired when it could be installed and Dave Shannon, Color Sign Systems, replied it takes about two months. Motioned by Vetsch, seconded by Sorensen, to approve Color Sign Systems, Inc. Proposal in the amount of $48,218 to retrofit the Main Avenue NE digital sign. Ayes: Hendrickson, Olson, Sorensen, and Vetsch. Nays: None. Absent. Hudson. MOTION DECLARED CARRIED. 2). City Administrator's Update Nafstad reported there is an Appreciation Brunch for the Senior Center Volunteers on Monday, April 25 and asked Council to let him know if they would like to attend. 9. ANNOUNCEMENTS AND/OR UPCOMING MEETINGS April 25 Joint Powers Water Board, 6:00 p.m. Parks Committee, 8:00 p.m. May 2 City Council, 7:00 p.m. May 9 STMA Ice Arena Board, 6:00 p.m. May 10 Planning Commission, 7:00 p.m. May 16 City Council, 7:00 p.m. May 23 Joint Powers Water Board, 6:00 p.m. Parks Committee, 8:00 p.m. May 30 City Offices Closed, Memorial Day City Council Meeting Minutes Page 6 Regular Meeting of April 18, 2016 Agenda Page 11 10. ADJOURNMENT Motioned by Olson, seconded by Sorensen, to adjourn the meeting at 9:17p.m. Ayes: Hendrickson, Olson, Sorensen, and Vetsch. Nays: None. Absent. Hudson. MOTIONDECLARED CARRIED. Respectfully submitted, Kimberly A. Olson, City Clerk City Council Meeting Minutes Page 7 Regular Meeting of April 18, 2016 Agenda Page 12 rmN�inam"aiiumrm!mamui!�uu�Nuuidmumem,mamui!�uu�mndmrn'+rcamaam,. �bcrtvilleii Mayor and Council Request for Action April 28, 2016 SUBJECT: CONSENT - FINANCE — PAYMENT OF BILLS RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Authorize the Monday, May 2, 2016 payment of the claims as presented except the bills specifically pulled, which are passed by separate motion. The claims listing has been provided to Council as a separate document. The claims listing is available for public viewing at City Hall upon request. BACKGROUND: The City processes claims on a semi-monthly basis. The bills are approved through their respective departments and administration and passed onto the City Council for approval. KEY ISSUES: Account codes starting with 810 are STMA Arena ExpensesNendors (bolded) and key issues will be presented in the claims listing document. POLICY/PRACTICES CONSIDERATIONS: It is the City's policy to review and approve payables on a semi-monthly basis. FINANCIAL CONSIDERATIONS: City staff has reviewed and recommends approval of payments presented. LEGAL CONSIDERATIONS: The Mayor and Council have the authority to approve all bills pursuant to Minnesota State Law, which requires all bills to be paid in a timely manner, generally within 30 days unless one party determines to dispute the billing. Responsible Person: Tina Lannes, Finance Director Submitted through: Adam Nafstad, City Administrator-PWD Attachment: List of Claims (under separate cover) M:APublic Data\City Council\Council Packet Information\2016\050216\2016-05-02 Finance Bills Report (RCA).doc Meeting Date: May 2, 2016 Page 13 "bertville Mayor and Council Communication April 27, 2016 SUBJECT: CONSENT -FINANCE —ACCOUNTS RECEIVABLE REPORT ACCOUNTS RECEIVABLE: Total accounts receivable outstanding through April 25, 2016 is $73,490.57 The percentage of the total due based on the aging report is as follows: 0-30 days outstanding $71,922.54 97.86% 30-60 days outstanding $ 2.33 .01% 60-90 days outstanding $ 1,281.03 1.74% Over 90 days outstanding $ 284.67 .39% The majority of the over 90 days are related to rental properties and will be assessed to the property in November if the amount is still outstanding. PRACTICES/POLICY CONSIDERATIONS: The Mayor and Council review monthly financial reports. FINANCIAL CONSIDERATIONS: There are no financial considerations at this time. LEGAL CONSIDERATIONS: The Mayor and Council have the authority to review and direct staff to take action regarding all financial matters. Responsible Person/Department: Tina Lannes, Finance Director Submitted Through: Adam Nafstad, City Administrator-PWD Attachment(s): Accounts Receivable Report M:APublic Data\City Council\Council Packet Information\2016\050216\AR Monthly Report RCA0416.doc Agenda Page 14 Meeting Date: May 2, 2016 Mayor and Council Communication — May 2, 2016 FINANCE — Accounts Receivable Report Page 2 of 2 Vendor Amount Due 0-30 Days 30-60 days 60-90 days 90 days & Over BAZZACHINIS HOCKEY TRAINING $1,164.63 $9.63 $1,155.00 BNI BUSINESS NETWORK $260.00 $260.00 CBS OUTDOOR $75.00 $75.00 DOLPHIN FAST FOOD $93.00 $93.00 BLACK FOREST ENTERTAINMENT $1,650.00 $1,650.00 FRANKLIN OUTDOOR $122.37 $1.01 $121.36 HOEY OUTDOOR ADVERTISING $75.00 $75.00 THOMAS HOUCK $257.50 $101.25 $1.25 $2.50 $152.50 HUNTERS PASS ESTATES ASSOC $136.50 $1.08 $1.08 $2.17 $132.17 LAMAR COMPANIES $75.00 $75.00 CITY OF OTSEGO $63,326.11 $63,326.11 STMA LACROSSE ASSOC $3,262.50 $3,262.50 STMA UNITED SOCCER $2,992.96 $2,992.96 Total $73,490.57 $71,922.54 $2.33 $1,281.03 $284.67 Current 0-30 days $71,922.54 97.87% 30-60 days $2.33 0.00% 60-90 days $1,281.03 1.74% over 90 day $284.67 0.39% M:APublic Data\City Council\Council Packet Information\2016\050216\AR Monthly Report RCA0416.doc Agenda Page 15 Meeting Date: May 2, 2016 �anioaoeni u�rtM�AIDk�iaip,�nr�uNNkoi,��,'in lbertvi l le Mayor and Council Communication Smolt "tt'c "' n Udng. Big n:0 p Ufs. April 27, 2016 SUBJECT: CONSENT - FINANCE - 1ST QUARTER REPORT — ITN -AUDITED INTRODUCTION: This space is reserved on the Council agenda for Mayor and Council review and discussion regarding monthly Finance reports. No action is required at this time. 1st QUARTER BUDGET TO ACTUAL: Attached is the I" Quarter 2016 un-audited General Fund summary of revenues and expenditures. Revenues and expenditures should be at 25%. This summary shows operating revenues are at 7.2% and operating expenses are at 22.2%. VARIANCES: R evenri e • Property Taxes and LGA - Not received until July and December • Police Aid — Not received until October • Fire Aid — Not received until October • Interest Earnings — Interest on Investments are not allocated until December Responsible Person/Department: Tina Lannes, Finance Director Submitted Through: Adam Nafstad, City Administrator-PWD Attachment: 2016 Budget to Actual M:APublic Data\City Council\Council Packet Information\2016\050216\050216 I st Quarter 2016 Budget to Actual RCA.docx Meeting Date: May 2, 2016 Page 16 2016 Council Update GENERAL FUND OPERATIONS General Fund Revenue: 2016 2016 Actual % of Budget 3/30/2016 Budget 31010 Current Ad Valorem Taxes 1,812,082 9,899 0.5% 32100 Business Licenses & Permits 27,000 16,085 59.6 % 32110 Liquor Licenses 29,500 30,469 103.3% 32120 3.2 Liquor Licenses 75 - 0.0% 32150 Sign Permits 1,200 670 55.8% 32210 Building Permits 79,000 21,148 26.8% 32240 Animal Licenses 600 739 123.2% 33401 LGA Revenue Expected 90,462 - 0.0% 33405 Police Aid 30,000 0.0% 33406 Fire Aid 43,000 - 0.0% 33422 Other State Aid Grants 10,000 5,363 53.6 % 34000 Charges for Services 2,000 1,110 55.5 % 34005 Engineering As Built Fee 3,000 450 15.0 % 34101 Leases - City Property 1,440 120 0.0% 34103 Zoning & Subdivision Fees 2,000 300 15.0 % 34103 Plan Check Fee 38,000 9,638 25.4 % 34106 Title Searches 2,000 880 44.0 % 34113 Franchise Fee - Cable 72,000 18,215 25.3 % 34202 Fire Protection Contract Charges 253,304 56,428 22.3 % 34780 Rental Fees 10,000 4,102 41.0% 34950 Other Revenues 8,000 6,058 75.7 % 34110 Arena 12,323 3,070 24.9 % 34112 Franchise Fee - Electric 115,000 6,164 5.4% 36210 Interest Earnings 1 25,000 2 0.0% Total Revenuesl $ 2,666,986 $ 190,909 7.2% General Fund Expenditures 2016 2016 Actual % of Budget 3/30/2016 Budget 41000 General Government 30,000 7,976 26.6 % 41100 Council 40,059 11,536 28.8% 41300 Combined Administrator/Engineer 89,858 17,511 19.5 % 41400 City Clerk 98,256 21,976 22.4 % 41440 Elections 15,500 - 0.0% 41500 Finance 111,757 18,104 16.2% 41550 City Assessor 29,870 - 0.0% 41600 City Attorney 40,000 2,588 6.5 % 41700 City Engineer 20,000 1,781 8.9% 41800 Economic Development 5,000 - 0.0% 41910 Planning & Zoning 41,507 8,414 20.3% 41940 City Hall 131,696 20,373 15.5 % 42000 Fire Department 442,808 143,325 32.4 % 42110 Police 684,750 171,654 25.1 % 42400 Building Inspection 159,144 28,906 18.2% 42700 Animal Control 5,000 916 18.3 % 43100 PublicWorks- Streets 301,624 66,149 21.9% 45000 Culture & Recreation 69,809 20,968 30.0 % 45100 Parks & Recreation 269,3481 36,054 1 13.4 % 43160 Electric street lights 81,0001 13,023 1 16.1 % Total Expenditures $ 2,666,986 1 $ 591,253 1 22.2% 2016 Capital Fund Capital Fund 102 Revenues 2016 2016 Actual % of Budget 3/30/2016 Budget 102 Capital Levy 937,465 0.0% Total Revenuesl $ 937,465 1 $ - 1 0.0% Capital Fund 102 Expenditures 2016 2016 Actual % of Budget 3/30/2016 Budget 102 Icapital Expenses 937,4651 96,327 1 10.30/, Total Expendituresl $ 937,465 1 $ 96,327 1 10.3% data$/Public Data / Finance / Budget/Qtr budget update.xlsx Agenda Page 17 di�,'�:'renyk� �aoan� Nnwre� lb�rtviljc Smolt "raal,I, U1 Mayor and Council Request for Action April 27, 2016 SUBJECT: CONSENT — CITY CLERK — KNIGHTS OF COLUMBUS TEMPORARY 3.2% MALT LIQUOR LICENSE RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider the following: MOTION TO: Approve a Temporary 3.2% Malt Liquor License for the Knights of Columbus for the 2016 Albertville Friendly City Days festival held in Central Park. BACKGROUND: The Knights of Columbus have submitted an application for a Temporary 3.2% Malt Liquor License for June 10-124, 2016 for Albertville Friendly City Days. The following are the hours of sales that will be held this year: Friday, June 10 4:00 p.m. — 1:00 a.m. Saturday, June 11 10:00 a.m. — 1:00 a.m. Sunday, June 12 10:00 a.m. — 7:00 p.m. KEY ISSUES: • The Knights of Columbus have submitted the correct application and fees for the temporary sale of 3.2% malt liquor. • The Knights of Columbus hold the appropriate liquor liability coverage. FINANCIAL CONSIDERATIONS: There is minimal financial revenue collected from the applicant for the liquor licensing. LEGAL CONSIDERATIONS: The Mayor and City Council have the authority to review and approve or deny any liquor license. Responsible Person/Department: Kimberly Olson, City Clerk Submitted through: Adam Nafstad, City Administrator-PWD Attachments: Liquor License Application M:APublic Data\City Council\Counc 1 Packet Information\2016\050216\2016-05-02 Knights AFCD Liquor RCA.docx Page 18 Meeting Date May 2, 2016 Nbertville smwl'iiawn Living. 9151 CiW ufs APPLICATION FOR ONE -DAY 3.2% MALT LIQUOR LICENSE 5959 Main Avenue NE P.O. Box 9 Albertville, MN 55301 A temporary one -day 3.2 Malt Liquor License can issued to groups that quality as a "Bona Fide Club" under Minnesota State Statutes as listed below: MN Statute 340A.101 Subd. 7.Club. "Club" is an incorporated organization organized under the laws of the state for civic, fraternal, social, or business purposes, for intellectual improvement, or for the promotion of sports, or a congressionally chartered veterans' organization, which: (1) has more than 30 members; (2) has owned or rented a building or space in a building for more than one yearthat is suitable and adequate for the accommodation of its members; (3) is directed by a board of directors, executive committee, or other similar body chosen by the members at a meeting held for that purpose. No member, officer, agent, or employee shall receive any profit from the distribution or sale of beverages to the members of the club, or their guests, beyond a reasonable salary or wages fixed and voted each year by the governing body. r Name of Applicant (organization):�'L � �� Name address telephone number and position held with Club of person completing application. �� p p p p g Name and Address of President and Secretary of Applicant: Date(s) of activity: ✓✓I e. C Location where sales will occur: V -/71^-CHours of operation: �rt — my 2 0 gVP7 -k /ct *-7 j MAPublic DatalCity C1erklLicenseslLiquor License InformationlApplication Forms13.2 One -Day Liquor License - Revised.doc Agenda Page 19 Premises from which 3.2% malt liquor will be dispensed on said date: aGer -kud`s , c2p19!` bv Purpose for which funds derived will be used: G�7t/]�f ✓]� U fit✓ � �9 ice-[ Gt �P_� AM d� If V i +(it-s The undersigned certifies that it complies with Minnesota State Statutes, Section 340.001, Subdivision 7, in that it qualifies as a "Bona Fide Club" within that section, and that this application makes petition for a limited license as a "Bona Fide Club" for a limited, non -intoxicating malt liquor license. Applicant Signature Office Use Only Date Rec'd:� 1Cs� Amount Pd: _kSd • d0 Date 6!ckj)ash.- License mailed: 17 3 S'S- MAPublic DataTity C1erkTicensesTiquor License Information\Application Forms13.2 One -Day Liquor License - Revised.doc Agenda Page 20 ���,um ou000000uo������wm000000uo��'"P°WWW� Nbcrtvill " U"n9.Big Cjl"u". Mayor and Council Request for Action April 28, 2016 SUBJECT: CONSENT - CITY CLERK — ORDINANCE REVISION RECOMMENDATIONS FROM STERLING CODIFIERS RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider the following motion: MOTION TO: Adopt Ordinance 2016-02 and Ordinance 2016-03 adopting minor revisions to Title 2, Chapter 2, Planning Commission, and Title 10, Chapter 7, Sign Regulations. BACKGROUND: In late 2015, the Planning Commission reviewed changes to the City's sign code regulations. The purpose of the review was to make that section of the City Code easier and more streamlined for the public and staff to use and comprehend. The Planning Commission held a public hearing in December and ultimately recommended approval to the City Council, which occurred on December 21, 2015. In early 2016, the Council changed the composition of the Planning Commission to add an alternate member to the Planning Commission, in addition to the five regular members and Council liaison. This was approved in January 2016. When ordinances are adopted by the City Council, they are sent to the City's codifier to incorporate the new regulations into the City Code book in an orderly fashion. The two recent ordinances passed by Council were sent back to staff from the codifier with suggested minor revisions. The Planning Commission ordinance revisions addressed the number of members, length of terms, and quorum requirements. The sign code ordinance revisions addressed consistency in terminology and references to previous sections of the chapter. These revisions were made to allow for consistency throughout the chapters. KEY ISSUES: The revisions would allow for more consistency within the Code pertaining to the composition of the Planning Commission as well as the City's sign regulations. These suggested revisions are minor and routine in nature. The City's codifiers are well -trained in systemized municipal codes. POLICY/PRACTICES CONSIDERATIONS: It is the City's policy for adopted ordinances to be submitted and reviewed by the City's codifier, Sterling Codifiers. FINANCIAL CONSIDERATIONS: There were no significant costs. Responsible Person/Title: Kimberly Olson, City Clerk Submitted Through: Adam Nafstad, City Administrator-PWD Attachments: Ordinances 2016-023 and 2016-03 M:APublic Data\City Council\Council Packet Information\2016\050216\2016-05-02 Ordinance Revisions RCA.docx Meeting Date: May 2, 2016 Page 21 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO. 2016—(]i1211"XX, AN ORDINANCE AMENDING TITLE 2, BOARDS AND COMMISSIONS, CHAPTER 2, PLANNING COMMISSION THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA ORDAINS: SECTION 1. Title 2, Board and Commissions, Chapter 2, Planning Commission of the Albertville City Code is hereby amended to repeal the language stricken and add the underlined language as follows: CHAPTER 2 PLANNING COMMISSION SECTION: 2-2-1: Commission Established 2-2-2: Composition; Appointment, Removals 2-2-3: Terms of Office; Vacancies 2-2-4: Oath of Office 2-2-5: Organization and Meetings 2-2-6: Powers and Duties 2-2-7: Expenditures 2-2-8: Planning Commission Liaison 2-2-1: COMMISSION ESTABLISHED: A planning commission for the city is hereby established. The commission shall be the city planning agency. 2-2-2: COMPOSITION; APPOINTMENT; REMOVALS: Paa;pa ann4ig eaaanmks�*i sliall. A. Composition. The planning commission shall consist of five (5) members, an alternate, and a city council liaison. B. Appointment. All planning commission members and alternate shall be appointed by the city council. C. Removal/Absences. I . Removal. The city council may remove a planning commissioner or alternate with a four -fifths (4/5) vote of the council. Agenda Page 22 City of Albertville Ordinance No. 2016-020 Page 2 ()J:WGn4 2. Absences. Planning commissioners and alternate shall attend regularly scheduled meetings and special meetings scheduled two weeks prior to a meeting date. A planning commission member orahemate may be excused from an individual meeting for reasons of illness, work, out of town trips, or other justifiable reason. To qualify as an excused absence, a planning commission member gr 1I ternate shall notify the city clerk of the expected absence at least four (4) days in advance of the meeting. a. A planning commission member or id tern cite may be replaced upon three (3) unexcused absences, three (3) consecutive excused or unexcused absences, or four (4) absences in a calendar year. b. If the planning commission member grahernate exceeds the aforementioned allowances for absences, the city council may move to replace said planning commission member. 2-2-3: TERMS OF OFFICE; VACANCIES: I'lie 0i'llie members of the commission and alternate 14st ofie shaW Abe HPJ,:)k)ifi1ed I , k)f tile teliti 01, Wie YeHfWiL' ia:)F the leffil 01, two (2) yeal�s,ofle 1110 lel•ffl �31'11,iive (2) yeai�s and �*ie 4)i� the tei:in (4) y eais:: 'I'll e�l� ~lieu ss:)Fs 911,flbe aPJ,:)�:)ifltedS11,ffl Serve 1'i)i: terms of four (4) years wkli rot,1tJng!e121] �n12�ratjons. Both original and successive appointees shall hold their office until their successors are appointed and qualified. Vacancies during the term shall be filled by the council for the unexpired portion of the term. 2-2-4: OATH OF OFFICE: Every appointed member and alternate shall, before entering upon the discharge of tlie�rlis duties, take an oath that dicylie will faithfully discharge the duties of tlie�rlik office. 2-2-5: ORGANIZATION AND MEETINGS: A. Officers: The commission shall elect a chairpersonffvaff from among its appointed members for a term of one year, and the commission may create and fill such other offices as it may determine. The city clerk shall act as secretary of the planning commission but shall not be a member. B. Meetings: The commission shall hold at least one regular meeting each month, unless no business is scheduled. C. Rules, Records And Reports: The commission shall adopt rules for the transaction of business and shall keep a record of its resolutions, transactions and findings, which record shall be a public record. D. Quorum: Three (3) members of the commission shall constitute a quorum. As appropriate, an alternate shall serve in the place of an absent regular member and shall have all the powers and duties imposed on the regular member from the point in time of the roll call to determine the presence of a quorum and until the meeting is adjourned. I'lie Coun61 ��,flson iffily ako serve �n flie 1,flace ol'an absent reg!u ar member �1'tliere k no ahemate�natten(lance No more than five (5) members, regular, �::)i: alternate, or coun61 Agenda Page 23 City of Albertville Ordinance No. 2016 (b` 02 Page 3 QJ:)tjGn4 � �,fl son shall comprise the planning commission at any one meeting. With all regular planning commissioners in attendance, the alternate an(] couun6�a',flson may participate in commission discussions,, but may not vote on any issue. 2-2-6: POWERS AND DUTIES: A. Generally: The planning commission shall be the planning agency and shall have the powers and duties given such agencies generally by Minnesota statutes sections 462.351 through 462.364 and any amendments thereto. It shall also exercise the duties conferred upon it by this chapter. B. Zoning Ordinances; Public Hearings: No zoning ordinances or amendments thereto shall be adopted by the council until a public hearing has been held thereon by the planning commission or the council upon notice as provided in Minnesota statutes section 462.357, subdivision 3. 2-2-7: EXPENDITURES: Expenditures of the commission shall be within amounts appropriated by the city council for the purpose. 2-2-8: PLANNING COMMISSION LIAISON: The city council shall appoint Ire) �ine...(..1..2.) primary and seep*idaii planning commission liaison members of the council to be the rima � 2 p g .The liaisons shall attend the pamm�g commission meetings. In the case that a quorum �)te reg ,j�r inemers an(ahemate is not present, the planning commission liaison will serve as an....akei>Late .. voting member on the planning commission. When a quorum o bn2...re.2x.!.u�,ai:...i„ii..2i; ber a,ncj„ ahemate is present, the liaison will not serve as a voting member on the planning commission. THIS AMENDMENT SHALL BE IN FULL FORCE AND EFFECTIVE IMMEDIATELY FOLLOWING ITS PASSAGE AND PUBLICATION. pp y City y 2016. Approved b the Albertville Ci Council this 1 �i�"' day of � �a Attest: Kimberly A. Olson, City Clerk Jillian Hendrickson, Mayor Agenda Page 24 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO. 2016-f11 ' ': AN ORDINANCE REPEALING TITLE 10 CHAPTER 7 SIGN REGULATIONS AND REPLACING IT WITH TITLE 10, CHAPTER 7 SIGN REGULATIONS OF THE ALBERTVILLE MUNICIPAL CITY CODE RELATING TO SIGNS AND SIGN REGULATIONS THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA ORDAINS: SECTION 1. Title 10 Chapter 7 of the Albertville City Code is repealed in its entirety. SECTION 2. Title 10 Chapter 7 of the Albertville City Code is hereby amended as follows: 10-7-1: PURPOSE AND INTENT: A. Purpose. This section is established to protect and promote health, safety, general welfare and order within the City of Albertville through the establishment of a comprehensive and impartial series of standards, regulations and procedures governing the type, number, size, structure, location, height, lighting, erection, use and/or display of devices, signs or symbols serving as a visual communication media to persons situated within or upon public rights -of -way or private properties. The provisions of this Section are intended to encourage opportunity for effective, orderly communication by reducing annoyances, confusion and hazards resulting from unnecessary and/or indiscriminate use of communication facilities. B. Objectives. 1. To establish standards which permit businesses a reasonable and equitable opportunity to advertise. 2. To preserve and promote civic beauty and prohibit signs which would detract from this objective because of number, size, shape, height, location, condition, cluttering or illumination. 3. To insure that signs do not create safety hazards. 4. To preserve and protect property values. 5. Allow signage and communication to direct traffic on both public streets and private property. Page 1 Agenda Page 25 City of Albertville Ordinance No. 2016-03 Page 2 of 32 10-7-2: DEFINITIONS: For the purpose of this chapter, the terms defined in this section shall have the meanings herein given them: ADJACENT AREA: For the purpose of section I 7 7A of this chapter, adjacent area shall be defined as a strip of land that is immediately adjacent and parallel to Interstate 94 through Albertville and meets both of the following criteria: A. The adjacent area shall only include land parcels or lots that directly abut the Interstate 94 right of way, or city owned right of way intended for future interstate access improvements, otherwise known as CSAH 19/lnterstate 94 and CSAH 37/Interstate 94 interchange improvements. Parcels acquired solely for drainage and utility or ponding purposes shall not be considered an adjacent area. Parcels that do not directly abut the aforementioned rights of way are not within the adjacent area. B. The adjacent area shall be limited to a strip of land four hundred feet (400') in width measured from the midpoint of the center median between the opposing traffic lanes of Interstate 94 and extending out either sides of Interstate 94 (see graphic below). BILLBOARD: A sign, bulletin board, changeable copy sign, or poster panel located in the adjacent area, as defined by Section 10-7-2 of this Code, which is used to advertise products, goods, services, ideas, or non-commercial speech which are not exclusively related to the premises or owner of the property on which the billboard is located. BILLBOARD AREA OR SIGN AREA: That portion of the sign face of a billboard or 4osine s signsigl, which includes the border and trim thereof, but excludes the base and apron supports and other structural members. If a lrilllranac„� lln MlYeHlSlfl�*....(ieviee or 4ii si+ess slgflsiglx is constructed so that the faces are not constructed back to back, the angle shall not exceed ninety degrees (90°). If said angle is greater than ninety degrees (90°), the total area of both sides added together shall not exceed the maximum allowable biJJ r0'1rdM1YeFHS1flg (ieviee or 4ii si+ese slgnsjgjx area. BANNERS: Any attention getting devices which resemble flags and are of a paper, cloth or plastic or plastic -like consistency. Agenda Page 26 City of Albertville Ordinance No. 2016-03 Page 3 of 32 CAMPAIGN SIGNS: Any sign that meets the provisions of Minnesota State Statute 211B.045. CHANGEABLE COPY SIGN: A sign or portion thereof that has a reader board for the display of text information in which each alphanumeric character, graphic or symbol is defined by objects not consisting of an illumination device and may be changed or rearranged manually or mechanically with characters, illustrations, letters or numbers that can be changed or rearranged without altering the face or surface of the sign structure. Changeable copy signs shall also include the following: Changeable Copy Sign, Electronic: A sign or portion thereof that displays electronic, non -pictorial text information in which each alphanumeric character, graphic, or symbol is defined by a small number of matrix elements using different combinations of light emitting diodes (LEDs), fiber optics, light bulbs or other illumination devices within the display area. Electronic changeable copy signs include computer programmable, microprocessor controlled electronic displays. Electronic changeable copy signs include projected images or messages with these characteristics onto buildings or objects. Electronic changeable copy signs do not include official signs. Electronic Graphic Display Sign: A sign or portion thereof that displays electronic, static images, static graphics or static pictures, with or without text information, defined by a small number of matrix elements using different combinations of light emitting diodes (LEDs), fiber optics, light bulbs or other illumination devices within the display area where the message change sequence is accomplished immediately or by means of fade, re-pixalization or dissolve modes. Electronic graphic display signs include computer programmable, microprocessor controlled electronic or digital displays. Electronic graphic display signs include projected images or messages with these characteristics onto buildings or other objects. Video Display Sign: A sign that changes its message or background in a manner or method of display characterized by motion or pictorial imagery, which may or may not include text and depicts action or a special effect to imitate movement, the presentation of pictorials or graphics displayed in a progression of frames that gives the illusion of motion, including, but not limited to, the illusion of moving objects, moving patterns or bands of light, or expanding or contracting shapes, not including electronic changeable copy signs. Video display signs include projected images or messages with these characteristics onto buildings or other objects. COUNTY STATE AID HIGHWAYS OR CSAH: A road that is established, located, constructed, reconstructed, improved and maintained as a public highway by the county and is so designated a county state aid road. DOUBLE FACE SIGN: A sign displaying information on both sides. ERECT: To construct, build, raise, assemble, place, affix, attach, create, paint, draw or in any other way to bring into being or establish, but it shall not include any of the foregoing activities Agenda Page 27 City of Albertville Ordinance No. 2016-03 Page 4 of 32 when performed as an incident to the change of advertising message or customary maintenance of an outdoor tel�v tFisi g S� Roa4H Fe OF 4eVIa°ebiIIlranard. FLASHING SIGN: A directly or indirectly illuminated sign or portion thereof that exhibits changing light or color effect by any means, so as to provide intermittent illumination that changes light intensity in sudden transitory bursts and creates the illusion of intermittent flashing light by streaming, graphic bursts showing movement, or any mode of lighting which resembles zooming, twinkling or sparkling. GRADE OF SIGN: The lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the sign and a line ten feet (10') from the sign. GROUND SIGN: A sign placed upon or supported by the ground independently of the main building or structure on the property. Pylon signs, monument signs, signs on accessory structures, and other freestanding signs shall be considered "ground signs". ILLUMINATED SIGN: A sign which has characters, letters, figures, designs or outlines illuminated by electric lights or tubes, or by other artificial light directed to the sign or by internal illumination. INTERSTATE HIGHWAY: Any highway at any time officially designated as a part of the national system of interstate and defense highways by the commissioner of transportation and approved by the appropriate authority of the federal government. LOGO: Any letter, character, or symbol used to represent an entire word or group of words denoting the name, trade or purpose of any business. MAINTAIN: To allow to exist. MOVING SIGN: A sign which revolves, rotates, has any moving parts, or gives the illusion of motion. MULTI -VISION SIGN: Any sign composed in whole or part of a series of vertical or horizontal slats or cylinders that are capable of being rotated at intervals so that partial rotation of the group of slats or cylinders produces a different image and when properly functioning allows on a single sign structure the display at any given time one of two (2) or more images. OFF PREMISES SIGNS: A commercial speech sign which directs the attention of the public to a business, activity conducted, or product sold or offered at a location not on the same lot where such sign is located. For purposes of this sign ordinance, easements and other appurtenances shall be considered to be outside such lot and any sign located or proposed to be located in an easement or other appurtenance shall be considered an off premises sign. ON PREMISES SIGNS: A sign that is located on property that is the premises, property or site of the use identified or advertised in the sign. PORTABLE SIGN: A moveable sign not fixed to a building or the ground (i.e., pulled on a trailer vehicle). Agenda Page 28 City of Albertville Ordinance No. 2016-03 Page 5 of 32 PROJECTING SIGN: A sign which is affixed to a building and which projects from the building wall a distance greater than twelve inches (12"). PUBLIC NOTICES: Official notices posted by public officers, employees or their agents in the performance of their duties, or as directed by such officers, employees or agents. PYLON SIGN: A freestanding sign erected upon no more than two (2) pedestals, posts or shafts. A pylon sign is a ground sign. READER BOARD SIGN: A sign with separate inset letters and symbols or changeable copy which can be easily removed and which are periodically changed. RESIDENTIAL SPECIAL EVENT: A special activity occurring on a residential lot for a duration not to exceed seven (7) days. ROOF SIGN: A sign which is located above the eaves or coping line. ROTATING SIGN: A sign or portion of a sign which in any physical part or in total turns about on an axis, rotates, revolves or is otherwise in motion, including, without limitation, a multi - vision sign. SHIMMERING SIGN: A sign which reflects an oscillating, sometimes distorted, visual image. SIGN: A name, identification, description, display, illustration, structure, or device which is affixed to, or painted, or represented directly or indirectly upon a building or other outdoor surface or a piece of land, and which directs attention to an object, product, place, activity, person, institution, organization or business. SIGN HEIGHT: The height of a sign shall be computed as to the vertical distance measured from the base of the sign at grade to the top of the highest attached component of the sign. SIGN SETBACK: The shortest distance between the property or public right of way line and the surface or main supporting structure of a sign. SIGN STRUCTURE: The supports, foundations, uprights, bracing and framework for a sign, including the sign area. SPECIAL SIGN: means any sign that is a billboard, temporary sign, or banner TEMPORARY SIGN: A sign which is erected for a limited time and/or special purpose. WALL SIGN: A sign which is affixed to the exterior wall of a building and which does not project more than twelve inches (12") from the surface to which it is attached. WINDOW SIGN: A sign affixed to a window or located inside a window surface legible to the general public. (Amended Ord. 1987-3, 10-19-1987; amd. Ord. 2004-09, 11-15-2004; Ord. 2007- 08, 8-20-2007; Ord. 2014-06, 10-20-2014) Agenda Page 29 City of Albertville Ordinance No. 2016-03 Page 6 of 32 fOb��►[�AISK�IU 116111105 11►IWI 11"5 l A. The following are non -conforming signs: Prohibited signs. All other signs not prohibited that do not conform to the provisions of this chapter. B. General provisions governing non -conforming signs: A non -conforming sign lawfully existing upon the effective date of this ordinance may be continued at the size and in the manner existing upon such date. Non -Conforming Sign Maintenance and Repair. Nothing in this code shall be construed as relieving the owner or user of a legal non -conforming sign of—o4 o 4+e-t1 f*,+)Hta f'' which the legal non -conforming sign is located from the provisions of this ordinance regarding safety, maintenance, and repair of signs, provided however, that any repainting, cleaning, and other normal maintenance or repair of the sign or sign structure shall not modify the sign structure or sign area in any way which makes it more non -conforming or the sign shall lose its legal non -conforming status. If at any time a non -conforming sign shall be damaged or destroyed to the extent of more than fifty percent (50%) of its fair market value, said value to be determined by the City, it may be re-established to its prior size and form, but not expanded, if the property owner applies for a signed building permit within one hundred eighty (180) days of the damage event. If no signed building permit is applied for within the specified time period, then without further action by the Council, the sign shall be subject to all the regulations specified by this code for the district in which such land and buildings are located. Any sign which is damaged to an extent of less than fifty percent (50%) of its fair market value may be restored to its former extent if it is reconstructed within twelve (12) months after the date of said damage. Estimate of the extent of damage or destruction shall be made by the Building Official. IOL►Q� U:161 I I I 1.110 011301"03 A. The following signs are prohibited in all zoning districts in the City of Albertville: Flashing Or Moving Signs: No flashing signs, rotating or moving signs, animated signs, signs with moving lights, or creating the illusion of movement shall be permitted. Agenda Page 30 City of Albertville Ordinance No. 2016-03 Page 7 of 32 2. Painted Wall Signs: No sign which is painted directly upon a wall surface shall be permitted. 3. Obsolete And Off Premises Signs: No sign shall be permitted which advertises a business which is not being presently conducted on the premises on which the sign is located, except billboards, as provided for in Section 10-7-7 of this chapter, and except any privately owned recreational establishment having a gross open space area within the city greater than eighty (80) acres, where such open space is an integral part of the business, may have one directional sign not to exceed thirty two (32) square feet in size identifying the name of the establishment with one directional arrow. Said sign shall be in conformance with this chapter. Said directional sign shall not be erected or maintained in the city except on property abutting a county road. 4. Signs Obstructing Accessways or Windows: No sign shall physically obstruct any required accessway or window in such a manner as to create a safety hazard. 5. Signs Obstructing Traffic: No exterior sign or sign located in the interior of a building but visible through a window shall be maintained at any location where, by reason of its position, size, shape or color, it may obstruct, impair, obscure, interfere with the view of, or be confused with any traffic control sign, signal or device, or where it may interfere with, mislead or confuse traffic. 6. Signs on trees or shrubs, or which are painted or drawn upon rocks or natural features, or on public utility poles. 7. Signs which are structurally unsafe, in disrepair, or are abandoned. 8. Roof signs located directly on a building roof or projecting over or from a building roof. 9. Signs mounted on vehicles or trailers with the exception of trailer reader signs, except temporary portable signs as permitted under Section 10-7-7 of this chapter. 10-7-5: GENERAL PROVISIONS: All signs hereafter painted, constructed, erected, remodeled, relocated or expanded shall comply with the following standards: A. Application of Building and Electrical Codes: All signs shall be wired to conform to the electrical code of the state of Minnesota. Sign structures shall be designed to provide a thirty (30) psf snow load and a thirty (30) psf wind pressure. All signs allowed by permit shall be installed and maintained in conformance with Minnesota State Building and Electrical Codes, as may be amended. B. Maintenance Requirements: All signs, including electrical wiring, supporting structures, guywires or chains, shall be properly maintained and kept in a safe condition. Agenda Page 31 City of Albertville Ordinance No. 2016-03 Page 8 of 32 C. Illuminated Signs: Signs shall be shaded wherever necessary to avoid casting bright light upon property located in any residential district or upon any public street or park. Any illuminated sign located on a lot adjacent to, within two hundred feet (200') of, or across the street from, any single-family residential district, which sign is visible from such single-family residential district, shall not be illuminated at any time between the hours of eleven o'clock (11:00) P.M. and seven o'clock (7:00) A.M., when the use is not open for business. D. Glare: In all districts, any lighting used to illuminate an off street parking area, yard or other structure shall be arranged to deflect light away from any adjoining residential zone or from the public streets. Direct or sky reflected glare, where from floodlights or from high temperature processes such as welding or combustion, shall not be directed into any other property. The source of light shall be hooded or controlled. Bare incandescent light bulbs shall not be permitted in view of adjacent property or right of way. Any light or combination of lights which cast light on residential property shall not exceed four -tenths (0.4) foot-candle (meter reading), as measured from the residential property. Any light or combination of lights which cast light on a public street shall not exceed one foot-candle as measured from the centerline of the street. E. Identifiable Address: Every principal building shall be identified with an address containing the street number(s), which shall be readable from the nearest adjacent roadway serving the premises. The size of the numbering shall not exceed two (2) square feet. Any sign requiring a permit in a commercial, industrial, PUD, or public zoning district, now or hereafter existing, which no longer advertises or identifies a bona fide business conducted, or a service rendered, or a product sold, shall be removed by the owner, agent, or person having the beneficial use and/or control of the building or structure upon which the sign may be found within ten (10) days after written notice from the City Official. G. Signs shall not create a hazard to the safe, efficient movement of vehicular or pedestrian traffic. No private sign shall contain words or colors which might be construed as traffic controls, such as "stop", "caution", "warning", unless the sign is intended to direct traffic on the premises. H. Sign Location/Setbacks. No signs other than governmental signs shall be erected or placed within a public right-of-way. No freestanding sign structure shall be closer than five (5) feet from any property line. When the bottom of the sign face of a freestanding sign is fifteen (15) feet or higher above grade, the sign face may extend into the setback no closer than one (1) foot from the property line. No sign shall be placed within any drainage or public easement. Agenda Page 32 City of Albertville Ordinance No. 2016-03 Page 9 of 32 Except for off -premise signs allowed in other sections of this Ordinance, all signs must be located on the same lot as the person, firm, business, product, or building being identified. 4. On all comer lots, signs shall not be permitted within twenty (20) feet of any corner formed by the intersection of two (2) streets. The twenty (20) feet shall be in the form of a triangle with two (2) sides formed by the property lines and the third side formed by a straight line connecting the two (2) twenty (20) foot points on each side of the comer. A sign may be extended above the triangular area provided that the clearance between the bottom of the sign face and the street grade is fifteen (15) feet or higher. I. Banners, Pennants, Streamers, Strings of Lights, Searchlights: No banner, pennant, streamer, string of lights, searchlight, or any other similar sign shall be permitted, except as provided in Sections 10-7-7.B and 10-7-7.0 of this chapter. Banner signs and specialty signs will be permitted as temporary signage as regulated by this section and Sections 10- 7-7.B and 10-7-7.0 of this chapter. J. Projecting signs are permitted if they are at least eight feet (8') aboveground and meet required setbacks. Said sign shall be counted as a wall sign in the sign area calculation. K. All signs shall be accessory uses within the designated zoning district and shall be directly related to the principal use of the property on which it is located. Only off - premise signs and 1)91illboard sign structures, allowed under Section 10-7-7Il 6 of this chapter, shall be an exception to this provision. L. Sign Height. All height restrictions on signs shall include height of sign structure and be measured from the lot grade or in the case of inflatable device from its mounting surface to its highest point. The top edge of any wall or building mounted sign or object intended as an attention attracting device shall not extend above the roof line, parapet, mansard or fagade of a building adjacent to the sign or object. M. A freestanding sign or sign structure constructed so that the faces are not back to back shall not have an angle separating the faces exceeding twenty (20) degrees unless the total area of both sides added together does not exceed the maximum allowable sign area for that district. N. Off Premise Signs. Off premise signs shall adhere to the regulations of Section 10-7-I1n of this chapter. 10-7-6: DISTRICT REGULATIONS: The following regulations apply to the City's various zoning districts. Agenda Page 33 City of Albertville Ordinance No. 2016-03 Page 10 of 32 A. In A-1, A-2, R-IA, R-1, R-2, R-3 Districts, the following signs are allowed without a permit: 1. Temporary special event signs may be allowed without a permit subject to the following: a. The sign shall not exceed four (4) square feet b. The sign shall not exceed five (5) feet in height C. A temporary sign for a special event may not be placed on the property prior to five (5) days before the event, and must be removed one (1) day after the end of the event. 2. Address Identification: For each dwelling unit there shall be permitted one address sign not exceeding two (2) square feet in area. 3. Property listed for sale may have one (1) temporary freestanding sign provided it meets the following: a. The sign shall not exceed four (4) square feet b. The sign shall not exceed five (5) feet in height C. The sign may only be displayed while the property is listed for sale. d. The sign is removed within fourteen (14) days after the date of closing. e. The sign is removed if the property is no longer offered for sale. 4. Vacant lots that are two (2) acres or more in size that are listed for sale are allowed one (1) temporary freestanding sign per adjacent street provided that: a. The sign shall not exceed thirty-two (32) square feet. b. The sign shall not exceed eight (8) feet in height. C. The sign shall not be placed in the public right-of-way and shall meet the required sign setbacks. d. The sign shall be removed within fourteen (14) days of the property being sold. e. The sign is removed if the property is no longer offered for sale. 5. Remodeling: In connection with the construction or remodeling of a building, there shall be permitted one freestanding sign not exceeding thirty-two (32) square feet in area and eight (8) feet in height; on comer lots, two (2) such signs, Agenda Page 34 City of Albertville Ordinance No. 2016-03 Page 11 of 32 one facing each street, shall be permitted. All signs shall be removed by the person or persons erecting the same no longer than two (2) weeks after final inspection by the building official of the structure indicated, or two (2) years, whichever is less. 6. Campaign signs are exempt from these provisions of this chapter per Minnesota State Statute 211B.045. B. In A-1, A-2, R-IA, R-1, R-2, R-3 Districts, signs are allowed by permit with the following conditions: Businesses other than home occupations allowed within the agricultural and residential districts are allowed one (1) wall sign or one (1) monument sign provided that: a. Freestanding signs may not exceed fifty (50) square feet or eight (8) feet in height. b. Wall signs may not exceed fifteen (15) percent of the building fagade. 2. Subdivisions with twenty (20) or more units are permitted one (1) permanent freestanding sign per subdivision street entrance, provided it meets the following regulations: a. The sign may not exceed thirty-two (32) square feet. b. The sign shall be placed on an outlot, easement, or common lot owned by a neighborhood association property. C. The sign may not be placed in a visibility triangle. d. The neighborhood association shall be responsible for the maintenance and upkeep of the sign. e. The sign must be constructed out of materials approved by the zoning administrator. C. In R-4, R-5, R-6, R-7, R-8, R-MH Districts, the following signs are allowed without a permit: One (1) temporary special event sign is allowed without a permit per street frontage provided that the following criteria is met: a. The sign shall not exceed four (4) square feet. b. The sign shall not exceed five (5) feet in height with the exception of wall signs. Agenda Page 35 City of Albertville Ordinance No. 2016-03 Page 12 of 32 C. A temporary sign for a special event may not be placed on the property prior to five (5) days before the event, and must be removed one (1) day after the end of the event. 2. Address Identification: For each dwelling unit, there shall be permitted one nameplate not exceeding two (2) square feet in area indicating the name and/or address of the occupant. 3. Remodeling: In connection with the construction or remodeling of a building, there shall be permitted one sign not exceeding thirty-two (32) square feet in area and eight (8) feet in height; on corner lots, two (2) such signs, one facing each street, shall be permitted. All signs permitted shall be removed by the person or persons erecting the same no longer than two (2) weeks after final inspection by the building official of the structure indicated, or two (2) years, whichever is less. 4. Property listed for sale or rent may have one (1) temporary wall or freestanding sign per street frontage provided it meets the following: a. Wall signs shall not exceed ten percent (10%) of the building side facing a public street. b. Freestanding signs shall not exceed thirty-two (32) square feet in area or eight (8) feet in height. C. Signs must meet all sign setback requirements. C. The sign may only be displayed while the property is listed for sale or rent. d. The sign is removed within fourteen (14) days after the date of closing or vacancy filled. e. The sign is removed if the property is no longer offered for sale or rent. Vacant lots that are two (2) acres or more in size that are listed for sale are allowed one (1) temporary sign without a permit per adjacent street provided that: a. The sign shall not exceed thirty-two (32) square feet. b. The sign shall not exceed eight (8) feet in height. C. The sign shall not be placed in the public right-of-way. d. The sign shall be removed within fourteen (14) days of the property being sold. e. The sign is removed if the property is no longer offered for sale. Agenda Page 36 City of Albertville Ordinance No. 2016-03 Page 13 of 32 6. Campaign signs are exempt from these provisions per Minnesota State Statute 21113.045. D. In R-4, R-5, R-6, R-7, R-8, R-MH Districts, the following signs are allowed by permit: 1. Businesses other than home occupations allowed within the residential districts are allowed one (1) wall sign and one (1) freestanding sign provided that: a. Wall signs shall not exceed ten percent (10%) of building fagade facing a street. b. Freestanding signs shall not exceed one hundred (100) square feet or ten (10) feet in height. 2. Multiple family, apartments, condominiums, and cooperatives containing four (4) or more units, may have the following signs: a. Wall signs not to exceed ten percent (10%) of the building fagade facing a street. b. One (1) freestanding sign per site entrance from a street not to exceed forty (40) square feet in area and not to exceed ten (10) feet in height. 3. Subdivisions with twenty (20) or more units area one (1) permanent sign per public street access provided it meets the following regulations: a. The sign may not exceed thirty-two (32) square feet. b. The sign shall be placed on an out lot, easement, or neighborhood association property. C. The sign may not be placed in a visibility triangle. d. The neighborhood association is responsible for the maintenance and upkeep of the sign. e. The sign must be constructed out of materials approved by the zoning administrator and must complement the neighborhood. E. In B-2, B-2A, B-3, B-4, B-W Districts, the following signs are allowed without a permit: 1. Address Identification: For each business unit, there shall be permitted one (1) nameplate not exceeding two (2) square feet in area. 2. Window Signs: a. Window signs may occupy up to twenty (20) percent of the window area. Agenda Page 37 City of Albertville Ordinance No. 2016-03 Page 14 of 32 b. All window signs must be placed inside the building. 3. Remodeling: In connection with the construction or remodeling of a building, there shall be permitted one sign not exceeding thirty-two (32) square feet in area and eight (8) feet in height; on corner lots, two (2) such signs, one facing each street, shall be permitted. All signs permitted shall be removed by the person or persons erecting the same no longer than two (2) weeks after final inspection by the building official of the structure indicated, or two (2) years, whichever is less. 4. Vacant lots that are two (2) acres or more in size that are listed for sale are allowed one (1) temporary freestanding sign without a permit per adjacent street provided that: a. The sign shall not exceed thirty-two (32) square feet. b. The sign shall not exceed eight (8) feet in height. C. The sign shall not be placed in the public right-of-way and must meet sign setback requirements. d. The sign shall be removed within fourteen (14) days of the property being sold. e. The sign is removed if the property is no longer offered for sale. 5. Property listed for sale or rent may have one (1) temporary wall or freestanding sign provided it meets the following: a. Wall sign shall not exceed ten percent (10%) of the wall fagade facing a public street. b. Freestanding signs shall not exceed thirty-two (32) square feet or eight (8) feet in height. C. The sign may only be displayed while the property is listed for sale or rent. d. The sign is removed within fourteen (14) days after the date of closing or vacancy filled. e. The sign is removed if the property is no longer offered for sale. 6. Campaign signs are exempt from these provisions per Minnesota State Statute 21113.045. F. In B-2, B-2A, B-3, B-4, B-W Districts, the following signs are allowed by permit: 1. Wall, Awning, and Canopy Signs: Agenda Page 38 City of Albertville Ordinance No. 2016-03 Page 15 of 32 a. Area: The total wall sign area (including projecting, awning, and canopy signs) for any building shall not exceed fifteen percent (15%) of the building walls (including windows and doors) fronting on a public street right of way. b. Number: The total number of signs may not exceed two (2) signs per building walls fronting on a public street right of way. One wall sign may be a changeable message board including changeable readerboardlchangeable banner (non -dynamic) that is framed to define its perimeter. Additional wall signs may be approved with the submission and approval of a comprehensive sign plan per Section 10-7-7.13 of this chapter. C. Awning or Canopy Signs: Letters may be painted or otherwise affixed to any permissible awning or canopy, subject to the following regulations: (1) Lettering or letters shall not project above, below or beyond the physical dimensions of the awning or canopy. (2) Signs on awnings that do not exceed fifty (50) percent of the total square footage of the awning. d. Location: Wall signs shall be located on that side of the building or tenant bay facing the street right of way. Signs may be placed on that side of a building or tenant bay not facing a street right of way provided that no sign is located on that side of the building where the lot directly abuts a residential zoning district. e. Type and Construction: (1) Illuminated Signs: Wall signs shall be by shielded illumination, shielded silhouette lighting or shielded spotlighting, but not any lighting where the light source itself is visible or exposed on the face or sides of the characters. (2) Clearance to Grade: Signs constructed of metal and illuminated by any means requiring internal wiring or electrically wired accessory fixtures attached to a metal sign shall maintain a free clearance to grade of nine feet (9'). Accessory lighting fixtures attached to a nonmetal frame sign shall maintain a clearance of nine feet (9') to ground. In the event a metal sign structure or accessory fixture herein described is grounded by the use of a grounding conductor run with the circuit conductors, and said structure or fixture is also grounded by being bonded to a grounding electrode at the sign site, no clearance to grade shall be mandatory. Agenda Page 39 City of Albertville Ordinance No. 2016-03 Page 16 of 32 (3) Neon Signs: Wall signs may be gaseous tube or may be illuminated by interior means of lighting of an intensity to prevent excessive glare and shall comply with the regulations established in section 10-7-7 of this chapter. Ground Signs: a. Not more than one ground sign shall be permitted on any lot. The total area of such sign shall be based on the lot width where the sign is to be placed up to a maximum area. For each one hundred (100) linear feet of width, sixty (60) square feet of signage shall be permitted (lot width/100 x 60) up to a maximum of two hundred fifty (250) square feet. b. No ground sign shall exceed thirty feet (30') in height. C. Sign area for ground signs applies to only one face of a two (2) faced ground sign, or two (2) faces of a four (4) faced sign, etc. d. Commercial lots having one hundred feet (100') in width immediately adjacent to and along Interstate Highway 94 (excluding any intervening street or railroad right of way) shall be allowed the following: (1) One freestanding pylon sign not to exceed fifty feet (50') in height. Sign area shall be determined by Section 10-7-6.F.2 of this chapter. (2) One freestanding monument sign at the site entrance not to exceed sixty (60) square feet in sign area or twelve feet (12') in height. (3) Lots containing an off premises advertising device shall only be allowed one billboard sign not to exceed fifty feet (50') in height. e. Ground signs shall have a background which is dark in color in contrast to the sign lettering or message which is light in color to create a sufficient contrast and be clearly legible. No ground signs with lightly colored backgrounds shall be permitted unless the following conditions are met: (1) All signs with light backgrounds shall be equipped with automatic dimming devices. Light cast upon adjacent rights -of -way (as measured from the curb line) or residential zoning districts (as measured from the property line) shall not exceed five -tenths (0.5) footcandles (meter reading) above ambient light. (2) The sign does not exceed thirty feet (30'). (3) The sign is located two hundred feet (200') from all residential buildings. Agenda Page 40 City of Albertville Ordinance No. 2016-03 Page 17 of 32 Changeable Copy Signs: One electronic changeable copy sign shall be allowed per site in the above listed districts with the following restrictions: a. The images and messages displayed on changeable copy signs must be static, and the transition from one static display to another must be instantaneous without any special effects with the exception of a scrolling monochromatic message on a single color dark background. b. A changeable copy sign may change its message no more than once every eight (8) seconds. C. No changeable copy signs shall be closer than two hundred feet (200') from any residential zoning district unless they are screened from the adjoining residential property, or they shall not be illuminated between the hours of eleven o'clock (11:00) PM and seven o'clock (7:00) AM if the use is not open for business. d. All changeable copy signs shall be equipped with automatic dimming devices. Light cast upon adjacent rights -of -way (as measured from the curb line) or residential zoning districts (as measured from the property line) shall not exceed five -tenths (0.5) footcandles (meter reading) above ambient light. e. Changeable copy signs shall not be permitted as window signs. 4. Automobile Service Station Signs: In addition to the district standards, the following sign standards apply to automobile service stations: a. Pump operation instructions located on the gas pumps are exempt from the sign requirements. b. Motor fuel station canopy may have a sign on those facades facing a public street not to exceed thirty (30) percent of the canopy face. A comprehensive sign plan in accordance with Section 10-7-7.13 of this chapter. Temporary special event signs as regulated by Section 10-7-7.13 of this chapter. New business temporary signs as regulated by Section 10-7-7.0 of this chapter. Agenda Page 41 City of Albertville Ordinance No. 2016-03 Page 18 of 32 G. In 1- 1, I-2 Districts, the following signs are allowed without apermit: Window signs: a. Window signs may occupy up to twenty (20) percent of the window space on which the sign is placed. b. All window signs must be placed inside the building 2. Campaign signs are exempt from these provisions per Minnesota State Statute 21113.045. 3. Address Identification: For each business unit, there shall be permitted one (1) nameplate not exceeding two (2) square feet in area. 4. Remodeling: In connection with the construction or remodeling of a building, there shall be permitted one sign not exceeding thirty-two (32) square feet in area and eight (8) feet in height; on corner lots, two (2) such signs, one facing each street, shall be permitted. All signs permitted shall be removed by the person or persons erecting the same no longer than two (2) weeks after final inspection by the building official of the structure indicated, or two (2) years, whichever is less. 5. Vacant lots that are two (2) acres or more in size that are listed for sale are allowed one (1) temporary freestanding sign without a permit per adjacent street provided that: a. The sign shall not exceed thirty-two (32) square feet. b. The sign shall not exceed eight (8) feet in height. C. The sign shall not be placed in the public right-of-way and must meet sign setback requirements. d. The sign shall be removed within fourteen (14) days of the property being sold. e. The sign is removed if the property is no longer offered for sale. 6. Property listed for sale or rent may have one (1) temporary wall or freestanding sign provided it meets the following: a. Wall signs shall not exceed ten percent (10%) of the building fagade facing a public street. b. Freestanding signs shall not exceed thirty-two (32) square feet or eight (8) feet in height. Agenda Page 42 City of Albertville Ordinance No. 2016-03 Page 19 of 32 C. The sign may only be displayed while the property is listed for sale. d. The sign is removed within fourteen (14) days after the date of closing or vacancy filled. e. The sign is removed if the property is no longer offered for sale or rent. H. In I-1, I-2 Districts, the following signs are allowed by permit: Wall, awning, or canopy signs with the following restrictions: a. Wall signs shall not exceed two hundred (200) square feet or ten percent (10%) of the wall area (including windows and doors) facing the public street right-of-way, whichever is less. b. Signage placed on a wall abutting a public right of way, if illuminated, shall be by shielded illumination, shielded silhouette lighting, or shielded spotlighting but not any lighting where the light source itself is visible or exposed on the face or sides of the characters. C. Awning or Canopy Signs: Letters may be painted or otherwise affixed to any permissible awning or canopy, subject to the following regulations: (1) Lettering or letters shall not project above, below or beyond the physical dimensions of the awning or canopy. (2) Signs on awnings that do not exceed fifty (50) percent of the total square footage of the awning. d. Signage on Walls Not Abutting a Public Right of Way: A sign or signs shall be permitted on those walls not abutting a public right of way of any principal building, subject to the following regulations: (1) The total area of each sign or signs shall not exceed nine (9) square feet per access door. (2) Notwithstanding Section 10-7-6.H.l.b of this chapter, if the main entrance/exit to a particular use in the principal building opens on a wall not abutting a public right of way, the applicant shall be permitted to sign the walls not abutting a public right-of-way in accordance with the provisions of Section 10-7-6.H.l.a of this chapter. Ground Signs: a. There shall be not more than one ground sign along each public street from which access is available for the parcel. The total area of such ground sign shall not exceed two hundred (200) square feet in area. Agenda Page 43 City of Albertville Ordinance No. 2016-03 Page 20 of 32 b. No ground sign shall exceed thirty feet (30') in height. C. In lieu of a ground sign, one pylon sign shall be permitted on any lot in an industrial district, subject to the regulations in this section. d. Ground signs shall have a background which is dark in color in contrast to the sign lettering or message which is light in color to create a sufficient contrast and be clearly legible. No ground signs with lightly colored backgrounds shall be permitted unless the sign is located two hundred (200) feet from all residential property lines. Changeable Copy Signs: One electronic changeable copy sign shall be allowed per site in the above listed districts with the following restrictions: a. The images and messages displayed on the signs must be static, and the transition from one static display to another must be instantaneous without any special effects with the exception of a scrolling monochromatic message on a single color dark background. b. The sign may change its message no more than once every eight (8) seconds. C. No sign shall be closer than two hundred feet (200') from any residential zoning district unless they are screened from the adjoining residential property, or they shall not be illuminated between the hours of eleven o'clock (11:00) PM and seven o'clock (7:00) AM if the use is not open for business. d. All signs with light background shall be equipped with automatic dimming devices. Light cast upon adjacent rights -of -way (as measured from the curb line) or residential zoning districts (as measured from the property line) shall not exceed five -tenths (0.5) foot-candles (meter reading) above ambient light. e. Changeable copy signs shall not be permitted as window signs. Temporary special event signs regulated by Section 10-7-7.13 of this chapter. New business temporary signs as regulated by Section 10-7-7.0 of this chapter. A comprehensive sign plan in accordance with Section 10-7-7.13 of this chapter. In P/I Districts, the following signs are allowed without a permit: Address Identification: For each business unit, there shall be permitted one (1) nameplate not exceeding two (2) square feet in area. Agenda Page 44 City of Albertville Ordinance No. 2016-03 Page 21 of 32 2. Window Signs: a. Window signs may occupy up to twenty (20) percent of the window space on each side of a principal building without a permit. b. Window signs that occupy more than twenty (20) percent of the window space require a permit. C. All window signs must be placed inside the building. 3. Remodeling: In connection with the construction or remodeling of a building, there shall be permitted one sign not exceeding thirty-two (32) square feet in area and eight (8) feet in height; on corner lots, two (2) such signs, one facing each street, shall be permitted. All signs permitted shall be removed by the person or persons erecting the same no longer than two (2) weeks after final inspection by the building official of the structure indicated, or two (2) years, whichever is less. 4. Vacant lots that are two (2) acres or more in size that are listed for sale are allowed one (1) temporary freestanding sign without a permit per adjacent street provided that: a. The sign shall not exceed thirty-two (32) square feet. b. The sign shall not exceed eight (8) feet in height. C. The sign shall not be placed in the public right-of-way and must meet sign setback requirements. d. The sign shall be removed within fourteen (14) days of the property being sold. e. The sign is removed if the property is no longer offered for sale. 5. Property listed for sale or rent may have one (1) temporary wall or freestanding sign provided it meets the following: a. Wall signs shall not exceed ten percent (10%) of the building fagade facing a public street. b. Freestanding signs shall not exceed thirty-two (32) square feet or eight (8) feet in height. C. The sign may only be displayed while the property is listed for sale. d. The sign is removed within fourteen (14) days after the date of closing or vacancy filled. e. The sign is removed if the property is no longer offered for sale or rent. Agenda Page 45 City of Albertville Ordinance No. 2016-03 Page 22 of 32 6. Campaign signs are exempt from these provisions per Minnesota State Statute 21113.045. J. In P/I Districts, the following signs are allowed by permit: 1. Wall Signs: a. Area: The total wall sign area (including wall, awning, canopy, projecting signs) shall not exceed ten percent (10%) of building fagade fronting on a public street. b. Number: The total number of signs may not exceed two (2) signs per building wall fronting on a public street right-of-way. One (1) wall sign may be a changeable message board including changeable readerboard/changeable banner (non -dynamic) that is framed to define its perimeter. Additional wall signs may be approved with the submission and approval of a comprehensive sign plan per Section 10-7-7.13 of this chapter. C. Location: Wall signs shall be located on that side of the building or tenant bay facing the street right-of-way. Signs may be placed on that side of a building or tenant bay not facing a street right-of-way provided that no sign is located on that side of the building where the lot directly abuts a residential zoning district. 2. Freestanding Signs: a. Area: The maximum size of signing area allowed for such uses shall be determined on the basis of site area according to the following schedule: (1) Up to 5 acres: 96 square feet. (2) 5.1 acres to 25 acres: 128 square feet. (3) 25.1 acres and above: 160 square feet. b. Height: The maximum height of sign structures shall be determined on the basis of site size according to the following schedule: (1) Up to 15 acres: 8.0 feet. (2) 15.1 acres and above: 17.5 feet. C. Number: One (1) freestanding sign per site. 3. A comprehensive sign plan as regulated by Section 10-7-7.13 of this chapter. Agenda Page 46 City of Albertville Ordinance No. 2016-03 Page 23 of 32 10-7-7: SPECIAL SIGN STANDARDS: A. Billboards: Billboards shall only be allowed within the "adjacent area", as defined in section 10-7-2 of this chapter. a. The maximum area of an billboard face, whether a single billboard face or each face of two (2) back to back or V-type billboards, shall not exceed seven hundred twenty (720) square feet, including border and trim, but excluding base and apron supports and other structural members, and provided further, that the maximum allowable extensions shall not exceed fifteen percent (15%) of the total billboard area. The maximum size limitation stated in this subsection Ala shall apply to each side of a billboard structure, and billboards may be placed back to back, or in a V- type construction (provided the angle shall not exceed 90 degrees), but not more than two (2) displays to each facing, and such billboard shall be considered as one billboard. b. Billboards shall not be erected or maintained which are not effectively shielded so as to prevent beams or rays of light from being directed at any portion of the traveled way of an interstate highway, of such intensity or brilliance as to cause glare or impair the vision of the operator of any motor vehicle, or which otherwise interfere with any driver's operation of a motor vehicle, are prohibited. C. Outdoor billboards shall not be erected or maintained which shall be so illuminated that they interfere with the effectiveness of or obscure any official traffic sign, device or signal. 2. No billboard shall be erected closer to any other such billboard on the same side of the same interstate highway facing traffic proceeding in the same direction than one thousand feet (1,000'). 3. All billboards shall comply with the minimum principal building setback requirements provided in the applicable zoning district. 4. The maximum height of any billboard shall be thirty feet (30') from the ground. 5. The maximum length of any billboard shall be sixty feet (60'). 6. No billboard shall be erected or maintained on any lot or parcel of land unless the lot or parcel of land is within the area zoned as commercial or industrial districts under the Albertville Zoning Ordinance. Agenda Page 47 City of Albertville Ordinance No. 2016-03 Page 24 of 32 No billboard shall be erected or maintained in that part of the city which lies south of County State Aid Highway 37 and west of the bridge over Interstate Highway 94 (202 bridge). Electronic changeable billboards shall only be permitted on legal conforming billboards with the following requirements: a. The graphic display may not change or move more often than once every eight (8) seconds. b. The images and messages displayed must be static, and the transition from one static display to another must be instantaneous without any special effects. C. All changeable billboard signs shall be equipped with automatic dimming devices. Light cast upon adjacent rights -of -way (as measured from curb line) or residential zoning districts (as measured from the property line) shall not exceed five -tenths (0.5) footcandles (meter reading) above ambient light. d. Billboards shall have the vertical support structure of the sign (such as pole) concealed with architectural embellishments consisting of natural stone, brick, masonry panels, stucco, or synthetic material that has the appearance of natural stone, brick or stucco over eighty percent (80%) of the exterior face on all sides of the structure. No sign permit to erect a billboard on parcels or lots that are abutting city owned right of way intended for future interstate access improvements, shall be issued unless an acknowledgment and waiver of future damages is first signed by the applicant and all property owners and submitted to the city. Said acknowledgment and waiver shall be in the form approved by the city attorney, and shall acknowledge that future construction of CSAH 19/Interstate 94 and CSAH 37/Interstate 94 interchange improvements may impact the visibility of the proposed device/sign. The acknowledgment and waiver shall require the applicant and property owners to hold the city harmless and waive all damage claims arising as a result of such improvements, including, but not limited to, claims arising from the obstruction of the view of any billboard installed on the permitted property pursuant to a sign permit issued by the city. Said acknowledgment and waiver shall not apply to damages resulting from the physical occupation of the applicant's real property by the city. Said acknowledgment and waiver shall be submitted to the city with the application for a sign permit. Failure to submit such acknowledgment and waiver shall result in a denial of the requested sign permit or the refusal of the city to process the application due to its incomplete status. 10. Permit Identification Number: Every permit issued by the city shall be assigned an identification number. The city shall also issue with each permit an identifying number which shall be attached by the permittee to the billboard in a conspicuous place. The permittee shall also have his name plainly marked on each billboard. Agenda Page 48 City of Albertville Ordinance No. 2016-03 Page 25 of 32 B. Temporary and Portable Signs: In all districts temporary and/or portable signs or banners may be permitted subject to the following: Permit Requirements: a. Permit Application: Temporary and/or portable signs or banners shall not be permitted without a permit. A temporary sign application fee, as set by city resolution, shall be submitted to the city building official. Each sign shall require a separate permit. The application shall be signed by both the business requesting the sign and the property owner of the site where the sign is to be located. The sign application shall include information that identifies the type of sign, sign size, sign location and the dates when the sign will be in place and the date of the sign removal. The city building official is authorized to review and approve permits for temporary signs and/or portable signs or banners, ten (10) days prior to the special event. b. Duration Of Permit; Expiration; Sign Removal Required: All permits issued hereunder shall be for a maximum duration of fourteen (14) days and shall automatically expire after said period. Upon expiration, the applicant shall cease to display any and all signage permitted by the permit unless the applicant has received a new permit for said signage. Agenda Page 49 City of Albertville Ordinance No. 2016-03 Page 26 of 32 C. Limitations On Permits: Formatted: Normal, Left, Indent: Left: 0", First line: 0", Space After: 8 pt, Line spacing: Multiple 1.08 li (1) The number of temporary and portable signs shall be limited to four (4) permits per calendar year per property. Shopping centers and multiple -tenant buildings shall be counted as one property. (2) If two (2) or more permits are obtained in succession by any applicant, these permits shall be counted for the purpose of determining the yearly limitations of Section 10-7-7.B.l.c of this chapter. 2. Maximum Size: Maximum banner sign size shall be limited to thirty two (32) square feet. Maximum portable sign size shall be limited to forty eight (48) square feet. 3. Temporary Sign Location Standards: a. Except as allowed in Section 10-7-7.13.6 of this chapter, all temporary signs shall be located on the property of the business with the special event. b. Signs may not be placed in the right of way and must be set back a minimum of five feet (5) from all property lines. C. Where multiple signs have been located, they shall be a minimum of one hundred feet (100') apart. 4. Dangerous Signs Prohibited; Anchors Required: Signs must not be unsafe or dangerous; they must be securely anchored. 5. Electronic Signs: Electronic changeable copy signs shall be prohibited as temporary or portable signs. 6. Nonprofit Or Charitable Organization Signs: a. Nonprofit and charitable organizations as defined by internal revenue code 501(C3) or 501(C4) may have temporary off premises signs provided: (1) All temporary signs require permits; permit applications must include the property owner's permission to locate the sign on their property. (2) Special events are limited to no more than six (6) in a calendar year. Agenda Page 50 City of Albertville Ordinance No. 2016-03 Page 27 of 32 (3) Signs from a nonprofit or charitable organization shall not be counted against the number of temporary sign permits allowed to the property owner. (4) Nonprofits and charitable organizations may have up to three (3) temporary signs per permit. (5) Nonprofit and charitable organization temporary signs shall comply with sign location standards of Section 10-7-7.B.l.c of this chapter. These signs may be located on vacant lots with the written permission of the property owner. Violation: Temporary off premises signs erected without a permit or in violation of Section 10-7-7.B.l.c of this chapter may be subject to immediate removal and/or be subject to an administrative fine per title 1, chapter 6 of this code. After one notice of a violation of this section the city shall levy administrative fines for subsequent violations or repeat offenses without additional notices. Failure to abide by the approved permit or the provision of this code will be grounds for denial of additional permits for six (6) months following notice of violation. C. New businesses in the B, PUD, or I Districts shall be allowed additional temporary sign permits during the first three (3) months of the opening of a new business. These "new business temporary signs" shall not exceed three (3) signs consisting of a combination of portable signs, banners, pennants, and flags. Only one of said signs may be a portable sign, as defined in Section 10-7-2 of this chapter. Display of said signs shall not exceed a period of thirty (30) days. No such additional sign will be allowed if it interferes with the use of adjacent property or constitutes a danger to public health, welfare or wellbeing, or if it does not conform to the other provisions of this chapter. D. Comprehensive Sign Plan: Introduction: Mixed use, commercial, and industrial multiple occupancy buildings, PUD developments, or single occupancy buildings requesting more than two (2) signs shall submit an application and receive approval of a comprehensive sign plan. Any building devoted to two (2) or more uses shall be a multiple occupancy building and shall require a comprehensive sign plan. Upon approval of a comprehensive sign plan, no permit shall be issued for an individual use except upon a determination that it is consistent with a previously or concurrently approved comprehensive sign plan. The effect of said comprehensive sign plan is to allow and require the owner of multiple occupancy structures to determine the specific individual sign requirements for the tenants of his building. As sign locations, size and other sign details may be of some significant importance in lease arrangements between owner and tenant, it is the city's intention to establish general requirements for the overall building only, thus providing a building owner with both the flexibility and responsibility to deal with his individual tenants on their specific sign needs. Comprehensive sign plan applications or amendments require approval of an administrative permit. Agenda Page 51 City of Albertville Ordinance No. 2016-03 Page 28 of 32 2. Comprehensive Sign Plan Information: The applicant shall prepare a written and graphic comprehensive sign plan for submission to the city. Said plan shall include, but not be limited to the following information: a. Sign locations, wall signs, awning signs, traffic control signs, and freestanding signs, etc. b. Sign area. C. Sign height. d. Scaled building elevations. e. Scaled floor plan that outlines tenant bays. f. Identification of sign design. g. Sign construction drawings (sections). It. City staff may request additional information from the applicant concerning the application or may retain expert opinions at the expense of the city, or may require as a condition of proceeding with its consideration that the applicant furnish expert opinion and data at the expense of the applicant. 3. Through an approved comprehensive sign plan, the site may have building identification wall signs, individual tenant wall signs, awning signs, canopy signs, marquee signs and directory signs. The cumulative sign area of the aforementioned signs shall not exceed fifteen (15) percent of the building fagades which they are located. These signs shall be located on building fagades fronting on public streets or a city approved private streets or parking lots. 4. Multiple Occupancy Buildings: a. Wall Signs: (1) Maximum Area: The total allowable sign area for a multiple occupancy structure shall not exceed (fifteen) 15 percent of the combined wall surfaces on walls which abut streets in business or industrial zoning districts. (2) No multiple occupancy structure may display more than two overall building identification signs. The total area of individual tenant wall signs, awning signs, canopy signs and marquee signs shall not exceed fifteen (15) percent of the building fagade of the individual tenant bay. Agenda Page 52 City of Albertville Ordinance No. 2016-03 Page 29 of 32 (3) Tenant Signs: Individual tenants located within multiple occupancy structures shall be permitted to display individual signs, if they have separate exterior entrances to their use or they are tenants in a shopping center. A tenant occupying a comer location fronting two streets may display signs to both street frontages. (4) Except for Section 10-7-7.D.4.a.(5) of this chapter, tenant wall, awning, and banner signs shall be located on the building fagades of the tenant bay occupied by the business. (5) The property owner may identify through a comprehensive sign plan up to four (4) tenants per building within the multiple occupancy building that will be eligible to locate wall signs on the building at locations beyond their occupied tenant bays. (6) The location of all wall signs and awning signs shall be established through an approved comprehensive sign plan. No illuminated wall signs shall be located on the side of a building where the lot directly abuts a residential zoning district. (7) Individual sign permits shall be required prior to the installation of any wall signs or awning signs. b. Tenant Directory Signs: Multiple story/multiple occupancy buildings with tenants served by a common building entrance may have, in addition to the wall signs, one tenant directory sign as either a wall sign or freestanding sign located at each common entrance provided the tenant directory sign meets the following standards: (1) An individual tenant directory sign shall not exceed one hundred (100) square feet in area. (2) An individual tenant directory sign shall be located within fifty (50) feet of the common building entrance. (3) A freestanding individual tenant directory wall sign shall not exceed ten (10) feet in height. Individual tenant directory wall signs shall not be located above the building floor where the common entrance is located. 4. Freestanding Signs: a. Shopping Centers: Shopping centers containing more than four separate distinct occupancies may erect one freestanding sign per street frontage, not to exceed two freestanding shopping center signs per site (single or double faced). Each ground sign may not exceed the district standards in sign area, nor thirty (30) feet in height. Agenda Page 53 City of Albertville Ordinance No. 2016-03 Page 30 of 32 b. Other Multiple Occupancies: Multiple occupancy structures other than shopping centers, or shopping centers having four or less separate and distinct occupancies, may erect one ground sign in accordance with the provisions of this chapter and may identify each separate and distinct occupancy on said ground sign. C. Changeable copy wall signs are permitted subject to the provisions of Section 10-7-6 of this chapter. Traffic Control/Directional Signs: The City may approve a traffic control/ directional sign plan for a commercial, industrial, and planned unit development site including signs not to exceed four (4) square feet in area. 10-7-8: PERMIT REQUIREMENTS: A. Permit And Compliance Required: Except for routine maintenance, no billboard or sign may be painted, constructed, erected, structurally remodeled, relocated or change of message, or expanded until a billboard or sign permit is obtained and until all other signs on the premises of the applicant are brought into conformance with this chapter. No such permit shall be issued for any billboard or sign unless the same is permitted by, and complies with the regulations of this section; provided, however, that signs of a duly constituted governmental body, including traffic or similar regulatory devices, legal notices, and warnings at railroad crossings, are exempt from the permit requirement and from the regulations of this section. B. Application For Permit: The application for an 4v pisin r 4evieebillboard or sign permit shall be made upon the forms provided by the city and shall state or have attached thereto the following information: 1. Name, address and telephone number of applicant and owner of the a(i e r H sttqg 4eV'+e'&biJJboard or sign. 2. Location of lot, building or structure upon which or to which the rilllranard,i(iveFc ising (Ievioe or sign is to be erected or attached. or sign or other advertising structures 3. Position o the a(�er�i.�irn* (e�•�iapc riranac'�i ... in relation to nearby buildings or structures. 4. A blueprint or ink drawing of the plans and specifications and method of construction or attachment to the building or in the ground. 5. Copy of stress sheets and calculations showing the structure is designed for dead load and wind velocity in the amount required by this chapter and all other ordinances of the city if requested by the city building official. This information shall e famished every three (3) years for each '14venw�Islng t.0via°c ri, ranard ,an,, sg� Agenda Page 54 City of Albertville Ordinance No. 2016-03 Page 31 of 32 Name of person erecting the structure. (Amended Ord. 1987-3, 10-19-1987) Any electrical permit required and issued for the sign. A detailed description of any electronic or electrical components that are proposed to be added to the sign. (Ord. 2007-08, 8-20-2007) C. Permit Fees: For each billboard 2L sign requiring a permit, there shall be an initial fee which shall be set from time to time by City Council ordinance. D. Revocation Of Permit: The city council may revoke any permit granted herein after a hearing for violation of the provisions of this chapter, or applicable laws and regulations of the United States or the state of Minnesota, upon thirty (30) days' written notice of such hearing to the permittee. The city council, within ten (10) days after conclusion of the hearing, shall notify the permittee of its decision, and may, where appropriate, notify the permittee what he can do to retain the permit, and the permittee shall, in those instances, have thirty (30) days therefrom in which to comply with the requirements of the city council, if compliance would ring the t( vec~�Ising (evioe ri banar or siglx .into lawful conformity with this chapter. E. Scope Of Provisions; Exemptions: Scope: The provisions of this section relating to permits and fees shall apply to billboards or `igln � legally existing on the effective date hereof as well as devices that may be erected and maintained thereafter. Exemptions From Permit Requirements: Signs identified within this chapter, as allowed without permit, are exempt from permits and fee requirements. 10-7-9: VIOLATIONS; PENALTIES: A. Notice Of Violation: If the building official or any other authorized agent of the city shall find an �14 Y C"� S1fl r � eY ir� t, 1rHISINeSs s � � 2 n, accessory sign or other regulated Y � :a°e r� r7 teto � r sign in violation of the terms of this chapter, a written notice shall be issued to the permittee, owner, possessor (tenant in possession), operator or manager of the premises on which the MlreHlSlfl�* 4eYR� ebb llra and or sign n is located, specifying the violation and giving seven (7) days in which to correct or remove the violation. B. Failure to Remedy; Penalties: After the expiration of seven (7) days and the violation is not corrected or discontinued, any person convicted of such violation shall be punished as provided in section 1-4-1 of this code, and each day's violation after the initial seven (7) day period shall constitute a separate offense. C. Injunctive Relief: In addition thereto, the city may seek injunctive relief in the district court of the county and require that either the 4evieebilllranar , lrio.�lness sq*n jjgx , accessory sign or other regulated sign conform or be removed. Agenda Page 55 City of Albertville Ordinance No. 2016-03 Page 32 of 32 This amendment shall be in full force and effective immediately following its passage and publication. Approved by the Albertville City Council this 2"" 2 I day of Deceiiabew 201,2.6ID n 20116. ( Formatted: Superscript ATTEST: Kimberly A. Olson, City Clerk Jillian Hendrickson, Mayor Agenda Page 56 di�,'�:'renyk� �aoan� Nnwre� lb�rtviljc Smolt "raal,I, U1 Mayor and Council Request for Action April 27, 2016 SUBJECT: CONSENT — CITY CLERK — STMA YOUTH HOCKEY ASSOCIATION OFF -SITE GAMBLING APPLICATION RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider the following: MOTION TO: Approve Resolution 2016-XXX approving the Minnesota Lawful Gambling LG230 application to conduct bingo on Saturday, June 11, 2016 during Albertville Friendly City Days at St. Albert Parish Center, located at 11400 571h Street NE. BACKGROUND: The STMA Youth Hockey Association annually holds a bingo night during Albertville Friendly City Days. They have submitted the appropriate application for the bingo event. The Gambling Control Board requires City acknowledgment and approval of these types of gambling permits by resolution. FINANCIAL CONSIDERATIONS: There is no fee associated with this application. LEGAL CONSIDERATIONS: The Mayor and City Council have the authority to review and approve or deny any gambling permit applications. Responsible Person/Department: Kimberly A. Olson, City Clerk Submitted through: Adam Nafstad, City Administrator-PWD Attachments: Gambling Permit Application Resolution No. 2016-XXX M:APublic Data\City Council\Counc 1 Packet Information\2016\050216\2016-05-02 STMA YHA Bingo for AFCD.docx Page 57 Meeting Date May 2, 2016 MINNESOTA LAWFUL GAMBLING LG230 Application to Conduct Off -site Gambling Organization name STMA YOUTH HOCKEY ASSOCIATION Address 6995 LASALLE CIR NE City ALBERTVILLE County WRIGHT Gambling manager name DANA BERG 5/13 Page 1 of 2 No Fee License number 03888 MN Zip code 55301 Daytime phone 612-940-9773 1. Twelve off -site events are allowed each calendar year not to exceed a total of 36 days. from _j_j1�16 to _Ljll_j16 2. Check the type of games that will be conducted. raffle pull -tabs X bingo tipboards paddlewheel 3. Name of location where gambling activity will be conducted ST. ALBERT PARISH CENTER 4. County [where gambling activity will be conducted WRIGHT S. Street address and city [or township] 11400 57TH ST NE; ALBERTVILLE Zip code 55301 • Do not use a post office box. • If no street address, write in road designations. Example: 3 miles east of Hwy 63 on County Road 42. 6. Does your or anization own the gambling premises? Yes If es, a lease is not required. X No If o, the lease agreement below must be completed, and signed by the lessor. WW1 ,be- lnclodw W M "e—,, di 7. Rent to be paid for the leased area If none, write "0." C* 6erdly 6+- ,5 i t. S. All obligations and agreements between the organization and the lessor are listed below or attached. • Any attachments must be dated and signed by both the lessor and lessee. • This lease and any attachments is the total and only agreement between the lessor and the organization conducting lawful gambling activities. • Other terms, if any RENT AND LIABILITY INSURANCE WILL BE PAID AND PROVIDED BY THE ALBERTVILLE FRIENDLY CITY DAYS COMMITTEE cCv- VV Iti . 4Li'� rn,.a3• �,. 5 n.n E n1J61r@Mp:_ rL) A �r faGdfi r®:r•. i *tIp_ V , UL.�f) —,0C M e-15 9. Lessor's signature Date 3 /ID 162 Print lessor's name C-l �s CONTINUE TO PAGE 2 LG230 Application to Conduct Off site Gambling City name CITY OF ALBERTVILLE Date approved by city council Resolution number (if none, provide meeting minutes) Signature of city personnel Title CITY CLERK County name Date approved by county board 5/13 Page 2 of 2 Resolution number (if none, provide meeting minutes) Signature of county personnel Date Signed I Title Date Signed 10. The person signing this application must be your organization's CEO and have their name on file with the Gambling Contrgl Board. If the CEO has changed and the current CEO has not filed a LG200B Organization Officers Affidavif with the Gambling Control Board, he or she must do so at this time. 11. I have read thi4 applicatio dall in rmation is true, accurate, and complete, and if applicable, agree to the lease terms as kaked irk CEO signature 12. Print CEO nam Date �� L 1� Daytime phone 612-203-9423 This publication will be made available in alternative format (i.e. large print, Braille) upon request. Data privacy notice: The information requested on this form (and any attachments) will be used by the Gambling Control Board (Board) to determine your organization's qualifications to be involved in lawful gambling activities in Minnesota. Your organization has the right to refuse to supply the information; however, if your organization refuses to supply this information, the Board may not be able to determine your organization's qualifications and, as a consequence, may refuse to issue a permit. If your organization supplies the information requested, the Board will be able to process your organization's application. Your organization's name and address will be public information when received by the Board. All other information provided will be private data about your organization until the Board issues the permit. When the Board issues the permit, all information provided will become public. If the Board does not issue a permit, all information provided remains private, with the exception of your organization's name and address which will remain public. Private data about your organization are available to: Board members, Board staff whose work requires access to the information; Minnesota's Department of Public Safety; Attorney General; Commissioners of Administration, Minnesota Manage- ment & Budget, and Revenue; Legislative Auditor, national and international gambling regulatory agencies; anyone pursuant to court order; other individuals and agencies specifically authorized by state or federal law to have access to the information; individuals and agencies for which law or legal order authorizes a new use or sharing of information after this notice was given; and anyone with your written consent. Agenda Page 59 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO.2016-011 A RESOLUTION APPROVING AN OFF -SITE GAMBLING PERMIT FOR THE STMA YOUTH HOCKEY ASSOCIATION TO CONDUCT LAWFUL GAMBLING WHEREAS, the STMA Youth Hockey Association has submitted an application for an Off -site Gambling Permit to conduct lawful gambling activities within the City of Albertville, Minnesota, and; WHEREAS, the purpose of the lawful gambling is to raise funds for STMA Youth Hockey Association, and, WHEREAS, the lawful gambling will be bingo held on June 11, 2016 at the St. Albert Parish Center during Albertville Friendly City Days, and, WHEREAS, the STMA Youth Hockey Association intends to comply with all lawful gambling rules and reporting requirements of the State of Minnesota and the City of Albertville, and, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Albertville that the Off -site Gambling Permit for the STMA Youth Hockey Association is hereby approved and the State Gambling Control Board is authorized to process the application. Adopted by Albertville City Council this 2nd day of May, 2016. Attest: Kimberly A. Olson, City Clerk Jillian Hendrickson, Mayor Agenda Page 60 lbcrtvi j j c Small "Pownumr Living. Big B;P�ry,u Ufs. Mayor and Council Request for Action April 28, 2016 SUBJECT: CITY CLERK — NEW LIQUOR LICENSE FOR HANA 168 RESTAURANT INC. FOR THE PREMISES LOCATED AT 6730 LAKETOWNE PLACE NE RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider the following motion: MOTION TO: Approve the On -Sale Intoxicating Liquor and Sunday Sale Licenses for Hana 168 Restaurant Inc. for the premises located at 6730 Laketowne Place NE contingent upon receipt of workers compensation and liquor liability insurance, successful results of background checks, and compliance with all building and fire codes. BACKGROUND: The City has received a new liquor license application for an On -Sale Intoxicating Liquor License and Sunday Sale License for the previous John Hardy's location at 6730 Laketowne Place NE. The applicants, Shufa Li and JianHua Ye, have completed the appropriate forms for the liquor license. They hope for a mid -summer opening and will be operating under the name "Hana". Once the City approves the license, the license must be certified by the MN AGED. KEY ISSUES: • The applicants have submitted the license fee. • The applicants must have background checks completed and staff is waiting for those results. The licenses will be contingent upon successful results of the checks. • The applicants are working on obtaining the workers compensation and liquor liability insurance certificates. The licenses will also be contingent upon receipt of proof of insurance. The MN AGED will not certify the licenses until the liquor liability insurance is received at their office. • The applicants have submitted a building permit for minor renovations to the premises and are in the process of working with the Building Official. The licenses will also be contingent upon compliance with all building and fire codes. POLICY/PRACTICES CONSIDERATIONS: The Mayor and Council have the authority to either approve or deny any liquor license application. FINANCIAL CONSIDERATIONS: This license fee has been paid in full. The City Code requires that the liquor license fees be pro -rated for a partial license year. Staff recommends refunding a portion of the license once the applicant has a tentative opening date. Responsible Person/Title: Kimberly A. Olson, City Clerk Submitted Through: Adam Nafstad, City Administrator-PWD M:APublic Data\City Council\Counc 1 Packet Information\2016\050216\2016-05-02 Hana Liquor License RCA.docx Meeting Date : May 2, 2016 Page 61 Mayor and Council Request for Action — January 19, 2016 EK Restaurant, LLC Liquor License Page 2 of 2 M:\Public Data\City Council\Council Packet Inform ation\2016\050216\2016-05-02 Hana Liquor License RCA.docx Meeting Date: INSERT DATE Page 62 Albertville sma"'rMuaar Wns. ftONL". Mayor and Council Request for Action Y q April 28, 2016 SUBJECT: CITY CLERK — LIQUOR COMPLIANCE VIOLATION RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Require liquor compliance training for employees of EK Restaurant, LLC, DBA Emma Krumbee's, located at 11935 59th Place NE in lieu a civil fine for a liquor compliance violation. BACKGROUND: The MN Alcohol and Gambling Enforcement Division has the authority to conduct liquor compliance checks on liquor establishments in the state. On March 11, 2016, an investigator with the MN AGED conducted an investigation at Emma Krumbee's located at 11935 59th Place NE. The investigator was served an alcoholic beverage prior to legal hours of alcohol service. MN AGED imposed a $250 fine on the establishment. Emma Krumbee's paid the $250.00 fine on April 14, 2016. The City Code allows Council to impose a civil fine or license suspension for liquor law violations. Resolution 2005-015 (see attached) established guidelines and suggested fines for liquor violations: KEY ISSUES: • The liquor compliance violation was for liquor service prior to legal liquor sales hours, which begin at 8:00 a.m. Monday — Sunday. The sale occurred at 6:47 a.m. • The MN AGED civil fine of $250 was paid and there was no suspension of the liquor license. • Emma Krumbee's received a liquor compliance violation in June 2015 as well. That violation occurred under the previous ownership of Emma Krumbee's, Morris Walker Ltd., and the civil fine of $500 for that violation was paid. POLICY/PRACTICES CONSIDERATIONS: The 2005 resolution on liquor violation fines serves as a guide to City Council in dealing with liquor law violations. The City Council has the authority to impose stricter fines or suspensions, lessen or waive fines, or impose other requirements as the Council deems necessary. In previous years, the Council has waived the civil fine, but required ID swipers for establishments that failed to properly read ID cards. In light of the type of violation that occurred in March, staff recommends waiving the fine and requiring all servers and management staff to attend liquor compliance training through Wright County Public Health Department. This training is offered multiples times throughout the year. Staff recommends that employees be required to complete the training by December 31, 2016. There are training classes already scheduled for May and sometime in the fall 2016. M:APublic Data\City Council\Council Packet Information\2016\050216\2016-05-02 Liquor Violation.docx Meeting Date: May 2, 2016 Page 63 Mayor and Council Communication — May 2, 2016 City Clerk — Liquor Compliance Violation Page 2 of 2 FINANCIAL CONSIDERATION: Civil fines are not a significant source of revenue. Responsible Person/Department: Kimberly Olson, City Clerk Submitted Through: Adam Nafstad, City Administrator/PWD Attachments: MN AGED Letter Resolution 2005-015 M:APublic Data\City Council\Council Packet Information\2016\050216\2016-05-02 Liquor Violation.docx Meeting Date: May 2, 2016 Page 64 oFPue`'� sfi Alcohol and Gambling Enforcement we 444 Cedar Street • Suite 222 • Saint Paul, Minnesota 55101 Phone: 651.201.7500 • Fax: 651,297.5259 * TTY: 651.282.6555 �TarfiOFM1NN�y�P wwwAps.state.n n.us Alcohol and Gambling Enforcement AR Progogramam Dear City/County Licensing Officials and Local Law Enforcement Authorities: Bureau of Criminal Apprehension Driver and Vehicle Services Enclosed are copies of documents related to recent allegations of wrong doing Homeland by licensees. These matters are currently active civil investigations and the data Security and is protected non-public data and/or confidential data on individuals. The data is Emergency Management providedyou to pursuant to Minn.tat § 13.39> subd. 2 (1998) to assist in the law p nn. enforcement process. This information is being provided to you as a courtesy to Minnesota State Patrol aid in any investigation or decision you may potentially make regarding the party involved or the violation described. The information shall remain protected non - Office of Communications public data and/or confidential data on individuals until such time the particular Office of case is closed. Justice Programs Office of If you have any questions regarding data privacy as it relates to this particular Traffic Safety case, please do not hesitate to contact our offices at 6511201-7502. State Fire Marshal and Sincere/ y Pipeline Safety , ALCOHOL AND GAMBLING ENFORCEMENT DIVISION DEPARTMENT OF PUBLIC SAFETY Mike McManus Senior Special Investigator Al.ohol & Gambling Enfe.—.l EQUAL f Fr9!@ elf?kER Alcohol and Gambling Enforcement Bureau of Criminal Apprehension Driver and Vehicle Services Emergency Communication N etwo rks Homeland Security and Emergency Management Minnesota State Patrol Office of Communications Office of Justice Programs Office of Pipeline Safety Office of Traffic Safety State Fire Marshal Alcohol and Gambling E nForee e t 445 Minnesota Street a Suite 222 a Saint Paul, Minnesota 55101 Phone: 651.201.7500 0 Fax: 651.297.5259 o TTY: 651.282.6555 S Website: dps.mn.gov/divisions/age March 25, 2016 EK Restaurant LLC Emma Krumbee's 11935 5911 Place Albertville MN 55301 NOTICE OF AGENCY ACTION The Minnesota Department of Public Safety, Alcohol and Gambling Enforcement Division has evidence that your business violated the provisions of Minnesota Statute 340A.504. subdivision 2 by selling/serving intoxicating liquor prior to 8 a.m. An agent of the Alcohol and Gambling Enforcement Division visited your establishment on Friday march 11, 2016 arriving at 6:30 a.m. The agent ordered a bloody Mary with a beer chaserwhich was served at 6-47 a.m. The agent paid for the alcohol at 7:03 a.m,' This all occurred well before the'legal hours of alcohol service. The Department of Public Safety, Alcohol and Gambling Enforcement is given the authority to take civil action in the form of a fine, license suspension or license revocation for any violation of Statute, Rule or Ordinance related to alcoholic beverages. Pursuant to this authority, you are hereby notified that this agency is imposing a civil fine in the amount of $250.00, for violation of the law as provided for in Minnesota Statute 340A.415. This fine is due 20 days from the date of this notice unless you contactus within this time period contesting this matter, If we have not received the $250.00 payment or a request contesting this matter by April 14, 2016, your liquor license (s) will be suspended for a period of three days beginning at 8:00 a.m., on Thursday, April 21, 2016 until 8:00 a.m., Sunday, April 24, 2016. You are also advised that you have the right to a hearing before an administrative law judge. The request for such a hearing must be in writing and must be sent to the undersigned within twenty days of the date of this Notice. If you request a hearing, this agency will initiate a contested case proceeding pursuant to the provisions of the Minnesota Administrative Procedures Act. If you do not wish to contest this agency action, send a check payable to Alcohol and Gambling Enforcement in the amount of $750.00. Should you have further questions regarding this matter, please do not hesitate to contact us at 651-201-7502. Sincerely, Michele Tuchner, Director Alcohol and Gambling Enforcement Division r 1 GQ�sf'�3e-Q C EQUAL OPPORTUNITY EMPLOYER Agenda Page 66 CITY OF ALBERTVILLE • COUNTY OF WRIGHT STATE OF MINNESOTA • RESOLUTION NO.2005-15 RESOLUTION ESTABLISHING GUIDELINES FOR THE IMPOSITION OF CIVIL SANCTIONS AGAINST CITY LIQUOR LICENSEES FOR VIOLATIONS OF THE CITY LIQUOR ORDINANCE OR ANY OTHER APPLICABLE STATUTE, RULE OR ORDINANCE RELATING TO ALCOHOLIC BEVERAGES WHEREAS, The City Council of the City of Albertville finds that the enforcement of its liquor ordinance and other applicable liquor laws constitute a high priority policy for the City in furtherance of health, safety and the public welfare; and WHEREAS, in furtherance of that policy the City Council intends to establish non- binding guidelines for the imposition of civil sanctions against City Liquor Licensees for violations of the City Liquor Ordinance or any other applicable statute, rule or ordinance relating to alcoholic beverages; and WHEREAS, it is the City Council's intent that these guidelines be non -binding and are only intended to suggest a schedule of civil sanctions pursuant to the City's Liquor Ordinance. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE: Upon a finding that a licensee of any license granted pursuant to the City's Liquor Ordinance has failed to comply with any provision of that Ordinance or any applicable State law, or other regulation or ordinance relating to alcoholic beverages, the City Council pursuant to the enforcement provisions of the City's Liquor Ordinance may either suspend the license for a period of up to sixty (60) days, revoke any liquor license, or impose a civil fine on the licensee not to exceed $2,000, for each violation. 2. The civil penalty and/or suspension and revocation imposed pursuant to the City's Liquor Ordinance may in the City Council's discretion be based on the following guidelines related to the licensees total number of violations at the specific location, at which the violation occurred, within the proceeding 24-month period as follows: First Violation: $ 500.00 Second Violation $1,000.00 Third Violation $1,500.00, plus two (2) day suspension of license M:\Public Data\Resolutions\2005 Resolutions\R 2004-15 (Liquor Licensees - Violations).doc Agenda Page 67 • Fourth violation $2,000,00, plus a suspension of not less than five (5) days but no more than sixty (60) days or revocation as determined by the City Council • 3. The above referenced schedule is non -binding and is only intended as a guide to the City Council for the imposition of appropriate sanctions pursuant to the City's Liquor Ordinance. The City Council in its discretion may depart from this schedule for any reason it deems appropriate. 4. Any suspension and/or revocation imposed by the City Council shall be pursuant to the relevant provisions of the City's Liquor Ordinance including any hearing requirements. 5. Nothing in this resolution is intended to prohibit the City, County or other authorized entity from seeking criminal prosecution for violations of the City's Liquor Ordinance or other laws related to alcoholic beverages. Adopted by the City Council of the City of Albertville this 2nd day of May 2005. Don Peterson, Mayor Bridget Mill , City clerk M:\Public Data\Resolutions\2005 Resolutions\R 2004-15 (Liquor Licensees - Violations).doc Agenda Page 68 Albertville Parks Committee meeting minutes April 25, 2016 Attendees: Tim Guimont, Sharon Oakvik, John Vetsch, Larry Boller, Andy Swanson, LeRoy Berning, Sandra Greninger Ball field lights - Committee recommends that council moves forward on lighting project for field 3 at Central Park. Explore Your Parks Night - The annual Explore Your Parks Night event will be Friday, May 20 from 6-8 pm. - Sharon said Culver's will not be able to participate this year. A lady at Space Alien's said they didn't want to participate this year. LeRoy said Andy's appears to be in, Emma's likely, too. Oakside: Larry with Gonzo the Clown, Andy's Pizza, plow truck Linwood: John and A.F.D. fire truck and popcorn, Coborn's Westwind: Sandy, Lifetime Fat Loss Center and Health Source, El Bamba, FYCC Villas: Andy with Albertville Villains and Foxtailers cooking hot dogs, city will provide grill. (Jason Sokolowski 763-202-5443 with Villains) Four Seasons: Albertville Lions will cook hot dogs, city loader Winter: Sharon, Emma's, jet truck Skate park - New equipment to update the park has been ordered. Tim anticipates delivery of equipment in early May. Westwind Park - City planner Al Brixus is working on a plan to update the park. Next meeting: May 23, 8:00 Agenda Page 69 "'mm000u).. urouuo0110,1,omo,� jlbcrtville Sm' "a'iW.9.gu9R"" "``. Mayor and Council Request for Action April 28, 2016 SUBJECT: FIRE DEPARTMENT — ADOPT WRIGHT COUNTY MULTI -HAZARD MITIGATION PLAN RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider the following motion: MOTION TO: Approve Resolution No. 2016-012 entitled A Resolution Adopting the Wright County Multi -Hazard Mitigation Plan. BACKGROUND: The Multi -Hazard Mitigation Plan (MHMP) is a requirement of the Federal Disaster Mitigation Act of 2000 (DMA 2000). The development of a local government plan is required in order to maintain eligibility for certain federal disaster assistance and hazard mitigation funding programs. In order for communities to be eligible for future mitigation funds, they must adopt an MHMP. This Multi -Hazard Mitigation Plan represents the efforts of local agencies in Wright County to fulfill the responsibility for hazard mitigation planning. The intent of the plan is to reduce the actual threat of specific hazards by limiting the impact of damages and losses. The Wright County Multi -Hazard Mitigation Plan was recently updated in 2015. Staff believes the City of Albertville should formally adopt a Multi -Hazard Mitigation Plan and recommends approval of the Wright County Multi -Hazard Mitigation Plan. KEY ISSUES: The benefits of hazard mitigation planning include the following: • Saving lives, protecting the health of the public, and reducing injuries • Preventing or reducing property damage • Reducing economic losses • Minimizing social dislocation and stress • Reducing agricultural losses • Maintaining critical facilities in functioning order • Protecting infrastructure from damage • Protecting mental health • Reducing legal liability of government and public officials POLICY/PRACTICES CONSIDERATIONS: The City has the authority to approval and adopt policies. Responsible Person/Title: Eric Bullen, Fire Chief Submitted Through: Adam Nafstad, City Administrator-PWD Attachments: Resolution No. 2016-012, Wright County MHMP Plan on File in Clerk's Office M:APublic Data\City Council\Council Packet Information\2016\050216\2016-05-02 Wright County Mitigation Plan RCA.doc Meeting Date :May 2, 2016 Page 70 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO.2016-012 A RESOLUTION ADOPTING THE WRIGHT COUNTY MULTI -HAZARD MITIGATION PLAN WHEREAS: the City of Albertville has participated in the hazard mitigation planning process as established under the Disaster Mitigation Act of 2000; and, WHEREAS: the Act establishes a framework for the development of a multi - jurisdictional County Hazard Mitigation Plan; and, WHEREAS: the Act as part of the planning process requires public involvement and local coordination among neighboring local units of government and businesses; and, WHEREAS: the Wright County Plan includes a risk assessment including past hazards, hazards that threaten the County, an estimate of structures at risk, a general description of land uses and development trends; and, WHEREAS: the Wright County Plan includes a maintenance or implementation process including plan updates, integration of the plan into other planning documents and how Wright County will maintain public participation and coordination; and, WHEREAS: the Plan has been shared with the Minnesota Division of Homeland Security and Emergency Management and the Federal Emergency Management Agency for review and comment; and, WHEREAS: the Wright County Multi -Hazard Mitigation Plan will make the county and participating jurisdictions eligible to receive FEMA hazard mitigation assistance grants; and, WHEREAS: this is a multi jurisdictional Plan and cities that participated in the planning process may choose to also adopt the County Plan. NOW, THERFORE, BE IT RESOLVED that the City of Albertville supports the hazard mitigation planning effort and wishes to adopt the Wright County Multi -Hazard Mitigation Plan. Page 1 Agenda Page 71 City of Albertville Meeting of May 2, 2016 Resolution No. 2016-012 Page 2 Adopted by the City Council of the City of Albertville this 2nd day of May, 2016. Attest: Kimberly A. Olson, City Clerk Jillian Hendrickson, Mayor Agenda Page 72 "'mm000u).. urouuo0110,1,omo,� jlbcrtville S-11 ° °'` �9.�9R"" °`` Mayor and Council Request for Action April 26, 2016 SUBJECT: FIRE DEPARTMENT- PURCHASE OF NEW RESCUE/MEDICAL RESPONSE VEHICLE RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider the following: MOTION TO: Authorize the purchase of a new red Chevrolet Suburban fleet vehicle under State Contract; and authorize the purchase and equipping of emergency equipment and graphic lettering, based on low quotes, for a total purchase amount not -to -exceed $60,000. BACKGROUND: The current Fire Department rescue vehicle was purchased in 1999 when the equipment needs of the Department were focused on heavy rescue response and personnel transport needs. The current rescue vehicle now serves redundant functions with the Fire Department Engine 11, and responds mostly as a medical response vehicle. The new rescue vehicle will be used as the primary medical response vehicle for the entire fire service area. The new vehicle will operate as a quicker responding, safer driving, and more cost- efficient vehicle for use on the majority of all Fire Department calls for service. The new rescue vehicle will replace the current rescue truck on the Fire Department's capital replacement plan, reducing the need for a large rescue replacement purchase in the future. The purchase of the new rescue vehicle, and resulting removal of the current rescue truck, keeps the capital replacement plan budget on target for future vehicle projections. The yearly capital funding for the current rescue truck will be put toward the replacement of Tender 11 in 5 years, making up for a current shortfall. The current rescue truck will be sold to offset the cost of the new rescue vehicle. The Fire Department has received one response from a used fire apparatus broker for the sale of the current rescue vehicle. Based on recent sales, the vendor suggested a starting list price of $45,000 with expected sale price to be at least $40,000. Staff is recommending approval of a vehicle budget not -to -exceed $60,000. Based on the State Contract, the vehicle itself will be approximately $45,000. Initial quotes for the cost of outfitting and equipping the vehicle are estimated to be $13,000, and quotes for lettering the vehicle are approximately $1,500. KEY ISSUES: The Fire Department Board of Officers and the Fire Committee have reviewed and discussed the purchase and shift in the capital replacement purchase plan. The fleet vehicle order will be placed now and delivery will be this fall. The vehicle will be the Department's new medical response vehicle. M:APublic Data\City Council\Council Packet Information\2016\050216\2016-05-02 FD Medical Response Vehicle RCA.doc Meeting Date: May 2, 2016 Page 73 Mayor and Council Request for Action — Purchase of New Command/Fire Chief Vehicle Monday, April 20, 2015 Page 2 of 2 • The vehicle purchase price will be offset by the sale of the current Rescue vehicle. • Future Fire Department capital projections will be reduced by removing the current Rescue vehicle from the capital replacement plan. • The funding for the vehicle will be with Fire Department capital equipment funds. • The purchase of emergency equipment, installation, and lettering will be based on low quotes, and the purchase of the vehicle will be off the State bid. POLICY CONSIDERATIONS: It is City policy for the Council to review and approve all capital purchases and investments. FINANCIAL CONSIDERATIONS: The cost associated with the vehicle will be funded through fire department capital reserves and the 2016 capital budget. Approximately 42% of the purchase will be funded as part of the service agreement with Otsego. LEGAL CONSIDERATIONS: The City has the authority to purchase equipment under the State of Minnesota contract or by quotes. Responsible Person/Department: Fire Chief Bullen, Fire Department Submitted Through: Adam Nafstad, City Administrator-PWD Supplemental Information: Quotes and pricing on file and available upon request M:APublic Data\City Council\Council Packet Information\2016\050216\2016-05-02 FD Medical Response Vehicle RCA.doc Meeting Date: May 2, 2016 Page 74 "bertville Mayor and Council Communication April 28, 2016 SUBJECT: PUBLIC WORKS — 2016 TRAFFIC SIGNAL PAINTING RECOMMENDATION: This space on the agenda is reserved for the City Council to consider acceptance of a proposal to paint two signal systems. It is respectfully requested that the Mayor and Council consider the following motion: MOTION TO: Approve the proposal of Pole Painting Plus in the amount of $11,375 to prep and paint the signal systems at CSAH 19 and CSAH 37, and at CSAH 19 and Outlet Mall. Background Information: The signal systems CSAH 19/CSAH 37 and CSAH 19/Outlet Mall are in need of repainting. Staff solicited three quotes for the work with the lowest quote being submitted by Pole Painting Plus of Monticello. The work will include preparation and painting of the signal system (standards, mast arms, heads, luminaire, and EVPs). The two signal systems will be painted to match the newer system at CSAH 19 and CSAH 18, with black standards and aluminum -colored arms and luminaires. The signal at CSAH 19 and 571h Street is not included, because system adjustments at this intersection are currently under review. Per signal system agreements between the County and City, the City is responsible for the repainting. POLICY CONSIDERATIONS: Acceptance of quotes for infrastructure maintenance is subject to Mayor and City Council approval. FINANCIAL CONSIDERATIONS: The cost associated with the painting is $11,375 and would be funded through general fund reserves. LEGAL CONSIDERATIONS: The Mayor and Council possess the authority to order and authorize municipal improvements. Submitted Through: Adam Nafstad, P.E., Public Works Director On -file: Quotes Received (3) M:APublic Data\City Council\Council Packet Information\2016\050216\2016 Signal Painting RCA - Award.doc Meeting Date: May 2, 2016 Page 75 To: Adam Nafstad, City Administrator; Albertville City Council From: Mike Couri Date: May 2, 2016 Re: Attorney Report Below is an update of the projects our office has been working on for the City. I-94 Ramp Easement. The State is asking the City to obtain I-94 ramp easement from Albertville Marketplace using a revised legal description as the State wants clearer language in the deed from the City to the State for the ramp easement. The easement area remains unchanged —the State simply wants its specific language used in the easement document. Adam is trying to reach the owner to get the new deed signed. • Charter Cable. Charter Cable has replied to our request regarding the free cable service it is to provide to the City. Their contention is that the City is only entitled under Federal law to collect a maximum of 5% in franchise fees, which we are already collecting. Charter believes that provision of free cable service to municipal buildings over and above that 5% is prohibited under Federal law. I will check the law on this and see if Charter's interpretation is correct. • Prairie Run. Fieldstone has closed on seven of the 10 lots on the private street and has closed on the first lot of the 15 lots that went tax forfeit. Fieldstone reports that its Parade of Homes went very well this year and they expect to close on the last three private street lots this year. We are meeting next week with Fieldstone and Cathy Jarosh, the resident who has single-handedly kept the Prairie Run Homeowners' Association running, to transition the Homeowners' Page 1 of 2 Agenda Page 76 Association from Cathy to a broader base of residents. Our goal is to make sure the Association functions properly so that it can continue to maintain the private street in a way that will ensure it provides acceptable access to the 13 homes on the street. To date, the 13th homeowner has not yet joined the Association. Fieldstone will again try to contact the homeowner to see if she will j oin. • City Hall Cleaning Contract. I have been working with Adam on preparing a new City Hall cleaning contract. FTTH Cable Franchise. FTTH, which operates a small cable franchise in Towne Lakes, was recently sold to Gigabit, who continues to operate the system. I have sent Gigabit a letter informing them that they and FTTH are delinquent on paying franchise fees to the City and requesting that they submit their revenue information to the City, so that we can determine the amount of franchise fees they owe the City. • City Administrator Pay Increase. I have been working with the Personnel Committee regarding a proposed pay increase for the City Administrator, which I am hoping to have done in time for this agenda. Page 2 of 2 Agenda Page 77 A1bertvillc City Administrator's Update Small I".*n wo Living Big K o y life. April 28, 2016 GENERAL ADMINISTRATION Main Avenue NE & CSAH 37 Entrance Sign: The digital sign has been ordered and we are working with Color Sign Systems to create a few custom messages. Leuer/Munsterteiger CSAH 19 Property: Staff will be meeting with Mike Leuer and Ralph Munsterteiger on May 3 to further discuss the concept they presented at the last meeting. Neighbors Eatery and Saloon: The owner is requesting a time extension on the non -compliant site and CUP items. I have asked Joe to come to the Council meeting and explain his request. STMA Open Enrollment Discussions: The STMA School District is reviewing open enrollment options due to capacity issues. Dr. Behle provided the attached memo and has asked for Albertville's perspective. This is included as an agenda item for the meeting. ENGINEERING/PUBLIC WORKS Ballfield Lighting: The Parks Committee has been reviewing options for ballfield lighting and has recommended that the Council consider lighting field #3 (baseball field). The cost to light the field is approximately $225,000. Staff has researched several options and would like to discuss this project with the Council. This is included as an agenda item for the meeting. Mapping: We are in the process of updating City maps and should have all City maps updated by the end of May. The last full update was in 2013. CenturyLink Fiber: CenturyLink will be installing fiber optic cable in several neighborhoods this summer. We are working with CenturyLink on the permit requirements for the project. I will also be working with CenturyLink on the communication pieces required for the project (web info, door hangers, etc.) Main Avenue NE RR Crossing: We have been in contact with the RR and are waiting for the agreement. The work includes replacement of curb, sidewalk, and street patching. 57t" Street NE: The final lift of pavement is scheduled to be placed after Friendly City Days. This may occur sooner if weather permits. Lachman Avenue NE Rear Yard Drainage: I have only received one of the five easement agreements. Middle School West Traffic Study: SRF has provided us with the draft traffic study for review. I will be meeting with the School and County to review the options offered in the report. Agenda Page 78 UPCOMING EVENTS and ANNOUNCEMENTS: 3rd Annual First Responder's Luncheon: 11:30 —1:30 a.m., Wednesday, May 18 at the Medina Entertainment Center. Please let me know if you would like to attend. Explore your Parks Night: 6:00 — 8:00 p.m., Friday, May 20 ATTACHMENTS: STMA Enrollment Memo City Administrator's Update Page 2 of 2 Mary 2, 2016 Agenda Page 79 �F �r Excellence is Our Tradition April 13, 2016 Capacity, Enrollment and Open Enrollment Resolution Options School ................ ....................Maximum Grade Level ...........................Student ....... ..,Enrollment Capacity 2016-17 Projected Albertville Primary Kindergarten 440 415 Bi,..,..,..Wood.S....................................................................................................1.,_4..,..,..,..,..,..,..,..,..,..,..,..,..,..,..,..,.,..,..,..,..,..,..,..,..,..,..,..,..,..,..7.60..,..,..,..,..,..,..,..,..,..,..,..,..,..,.,..,..,..,..,..,..,..,..,..,..,..,..,..,..,..,..,.625..,..,..,..,..,..,..,..,..,..,..,..,..,..,..,..,.. Fieldstone 1-4 750 625 St. Michael Elementary/ECSE 1-4 600 7 used for 537 ECSE & BB Middle School East 5-8 1,025 1013 .,..,..,..,..,..,..,..,..,..,,,..,..,..,..,..,..,..,..,..,..,..,..,..,..,..,..,5._$..,..,..,..,..,..,..,..,..,..,..,..,..,..,..,..,,,..,..,..,..,..,..,..,..,..,..,..,..,1..,..1...0.0.,..,..,..,..,..,..,..,..,..,..,..,..,.,..,..,..,..,..,..,..,..,..,..,..,..,..,..,..,.1.,01�.,3...,..,..,..,..,..,..,..,..,..,..,..,..,..,..,.. ..............................Middle .School .,.West High School 9-12 .................................................................................................................................................................................................................................................... 2,000 1853 Communit.,....,.Educatio.n,..,..,..,..,..,..,..,..,,,..,..,..,..,..,..,..,..,9.._.1.,2..,Kn.'.,..,..„tS y g 33 Building Academy ..,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,..L"...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,...,A Total 6,114 Updated Capacity and 2016-17 Projected Enrollment Projected Enrollment by Grade Level K 410 1 420 2 424 3 464 4 488 5 496 6 489 7 517 8 520 9 519 10 475 11 448 12 444 Total 6,114 Open Enrollment Average Daily Membership 2014-15 Served from other school districts — 627 Residents attending other school districts — 368 Agenda Page 80 Net gain — 259 Minnesota Statute 124D.03, Subdivision 2 By state statute, a school board may, by resolution, limit enrollment for nonresident pupils in its schools or program to a number not less than the lessor of: • One percent of the total enrollment at each grade level in the district • The number of district residents at that grade level enrolled in a non-resident district Background • Statewide Open Enrollment Applies until Graduation Currently, attending STMA students enrolled in the Statewide Enrollment Options Program may remain enrolled until graduation, unless they are terminated due to chronic truancy. • Move to New Resident District Requires Updated Form If an open enrolled family moves to a new resident district, the open enrollment form on file at the enrolling district should be updated. The student's space is not in jeopardy because of the move. • Legal reasons for denying a Statewide Enrollment Options application o Missed deadlines. o Capacity issues: The school board limited open enrollment by grade level, setting this limit no lower than one percent of the total enrollment at each grade level in the district; OR the school board limited number of district residents at that grade level to not less than those enrolled in a nonresident district. o Current expulsion for a specific reason detailed in the Statewide Enrollment Options law. See Minnesota Statutes Section 124D.03 Subd. 12. • Transportation Parents normally provide student transportation to the nonresident district. After accepting an open enrollment spot, a parent may request transportation from an approved bus stop within the nonresident district nearest the family's home, if there is room on the bus and based on the final destination of the bus. • Applications and Residency Only the legal parent or guardian may submit an application on behalf of the student. Parents/guardians must provide proof of residency at registration. Resolution Options • Set enrollment cap of 450 for kindergarten, 490 for grades 1-8 and 525 for grades 9-12 • Siblings of currently attending STMA students will be given preference Agenda Page 81 • Students of resident families who moved out of the district may continue to enroll in STMA upon completion of open enrollment forms • There is a possibility that not all students from the same family will be approved • The cap may be exceeded for enrollment of siblings of students currently attending STMA schools • The district reserves the right to assigned the student to a school • If the application for open enrollment is approved, the student is guaranteed space in the district until graduation • In addition to the statutory application deadline of January 15, the district will establish two or three additional application deadlines • If there are more applications than can be accommodated, a lottery will determine which applications will be approved, with preference given to siblings of currently enrolled STMA students • When the number of applications exceeds available space, applications will be placed on a waiting list based upon the lottery • Students who are open enrolled into STMA, who discontinue enrollment (return to resident district, register for online school, etc.), and who wish to reenroll at STMA, must reapply for open enrollment and are not guaranteed reenrollment into STMA. Agenda Page 82 PNIb, c r t v i W Mayor and Council Request for Action May 2, 2016 SUBJECT: WAGE INCREASE FOR CITY ADMINISTRATOR/PUBLIC WORKS DIRECTOR RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Approve increase in City Administrator/Public Works Director annual salary from $111,756.06 to $124,000, effective May 2, 2016. BACKGROUND: Adam Nafstad was hired as City Administrator on September 17, 2012 at a salary of $103,784. Since then he has received the same COLA as other city employees --to bring his salary to its current amount of $111,756.06. Because Adam's position was unique at the City when it was established, there was no regular pay scale with step increases as the City uses for other employee positions. The City Council has not granted Adam the equivalent of a step increase since he started in 2012. Adam's performance to date has been very good, including the following accomplishments: • All 4 performance reviews have been positive. • Major Accomplishments include: o Oversaw the assessment of the I-94 Ramp and worked with the Outlet Mall to make the assessment acceptable without an appeal from the Outlet Mall. o Fraser steel building expansion. o Old Castle Glass new building. 0 541h Street Drainage project, including working with the businesses in the industrial park to minimize business disruption during construction. o Retained Mold Tech in the City and facilitated the expansion of their building. o Successful Hire of Fire Chief and facilitation process. o FYCC relocation to old City Hall. o Rehab of the old Public Works Facility for use as a soccer practice area and leasing of the facility to STMA Soccer Association. o Smoother operation/better cooperation of City Staff at City Hall. Meeting Date: May l 20161N-S �-r- .,r n n rE Mayor and Council Request for Action — May 2, 2016 WAGE INCREASE FOR CITY ADMINISTRATOR/PUBLIC WORKS DIRECTOR Page 2 of 3 o Positive reviews from Residents and business owners. o Cost Savings of serving in three capacities, Admin, Engineer, Public Works Director have been largely realized. o Significantly better working relationships with neighboring cities. A Survey of neighboring communities indicates that Adam is significantly under paid, with the average salary of the surveyed communities for the City Administrator Position at $127,500 The personnel committee met in April to review Adam's salary and is recommending his salary be increased to $124,000 as the equivalent of a step increase which recognizes both Adam's accomplishments as noted above and his increased experience level at the position. This increase could have happened in January of 2015 (after 2+ years on the job), but the issue was simply missed at that time. It could also have happened in January of this year, but because reviews were delayed Adam's salary increase was also delayed. State law forbids retroactively increasing a City employee's pay, so any increase in salary can be effective no earlier than May 2, 2016. KEY ISSUES: • Adam's initial salary was set by contract, with regular COLA increases at the same rate as the other City employees. • Adam has only had the COLA increases at the same rate as those given to all other City employees. • This increase is intended to take the place of a step increase had the City established steps for this position. • The Personnel Committee recognized Adam's accomplishments noted above and recommends this increase as merited given Adam's performance and growth within the position. • This increase will bring Adam's pay more in line with other City Administrators in the area. POLICY/PRACTICES CONSIDERATIONS: This pay increase takes the place of a step increase, which has been established for all other positions within the City. Although the City is not contractually obligated to grant this increase, the Personnel Committee recommends it based on performance and to keep Adam's salary competitive in the marketplace. FINANCIAL CONSIDERATIONS: Because this pay increase if approved will be effective May 2°d, it will amount to an $8,162 increase in gross pay for Adam for the remainder of 2016. There will be additional payroll taxes and PERA contributions associated with the pay increase, but those have not been calculated at this time. Meeting Date: May 2, 2016 Mayor and Council Request for Action — May 2, 2016 WAGE INCREASE FOR CITY ADMINISTRATOR/PUBLIC WORKS DIRECTOR Page 3 of 3 LEGAL CONSIDERATIONS: The City Council has the authority to set the pay for all City Employees. Department/Responsible Person: Personnel Committee (drafted by Mike Couri at the Personnel Committee's direction). Submitted Through: Personnel Committee Attachments: None. Meeting Date: May 2, 2016 KimOlson From: Adam Nafstad Sent: Monday, May 02, 2016 6:13 PM To: Kim Olson Subject: FW: Open Enrollment Attachments: Open Enrollment.docx From: Behle James [mailto:iamesb( stma.kl2.mn.us] Sent: Friday, April 29, 2016 11:12 AM To: Steve Bot; Adam Nafstad Cc: Birk Douglas Subject: Open Enrollment Steve and Adam, Doug Birk and I decided to postpone any further discussion by the School Board on open enrollment until the May 16 school board meeting. This will allow the two city councils to discuss the topic at their upcoming city council meetings and to provide feedback or share positions with the School Board for its May 16 meeting, if they so choose. I attached a memo that the School Board received at their April 18 meeting for background information. I see that there are a couple of social media posts that are concerning some parents. Something you can share with anyone who asks and your councils is that if a student is currently open enrolled they are permitted to remain in the district until graduation. In other words, no currently enrolled open enrollment student would have to leave the district nor would they be reassigned to another school within the district. There is some confusion. So any change in open enrollment policy effects only new requests and I anticipate that the School Board will give preference and may even guarantee approval of siblings of current open enrolled students. The other thing to keep in mind is that any change would only affect 2016-17 grades 4-9 as it is our bubble enrollment. You can also share that the School Board has not taken any position at this time and is the information gathering process. If you have questions, let me know or feel free to have your mayors and council persons contact me. 8aPetuiteadeat c1t. 0'%1cAae1-04l6ettvd1e iScAooloiattict CONFIDENTIALITY NOTICE: This e-mail transmission and any attachments accompanying it contain confidential information belonging to the sender that may be protected by the attorney -client or work product privileges. The information is intended only for the use of the intended recipient. If you are not the intended recipient. you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this information is strictly prohibited. Any unauthorized interception of this transmission is illegal. If you have received this transmission in error, please notify the sender by reply e-mail, and then destroy all copies of this transmission. Excellence is Our Tradition April 13, 2016 Capacity, EnroHPif1entt and Open EnroUrnentt ResoWttion Options School Grade Level Albertville Primary Kindergarten a Bi Woods 9.._ .-.. 1-4 Fieldstone r.w. _.....,: ............. 1-4 St. Michael Elementary/ECSE } 1-4 Middle School East 5-8 Middle School West _N.6-8 High School 9-12 Community Education 1 9-12 Knights Updated Capocity and 2016-17 Projected Enrollment Projected Enrollment by Grade Level K 410 1 420 2 424 3 464 4 488 5 496 6 489 7 517 8 520. 9 519 10 475 11 448 12 444 Total 6114 Open Enrollment Average Daily Membership 2014-15 Served from other school districts — 627 Residents attending other school districts — 368 440 750 760 600+7 used for R ECSE & BB .m..m...,-1,025 1,100 33 Total 114 Net gain — 259 Minnesota Statute 124D.03, Subdivision 2 By state statute, a school board may, by resolution, limit enrollment for nonresident pupils in its schools or program to a number not less than the lessor of: o One percent of the total enrollment at each grade level in the district o The number of district residents at that grade level enrolled in a non-resident district Background o Statewide Open Enrollment Applies until Graduation Currently, attending STMA students enrolled in the Statewide Enrollment Options Program may remain enrolled until graduation, unless they are terminated due to chronic truancy. o Move to New Resident District Requires Updated Form If an open enrolled family moves to a new resident district, the open enrollment form on file at the enrolling district should be updated. The student's space is not in jeopardy because of the move. o Legal reasons for denying a Statewide Enrollment Options application o Missed deadlines. o Capacity issues: The school board limited open enrollment by grade level, setting this limit no lower than one percent of the total enrollment at each grade level in the district; OR the school board limited number of district residents at that grade level to not less than those enrolled in a nonresident district. o Current expulsion for a specific reason detailed in the Statewide Enrollment Options law. See Minnesota Statutes, Section 124D.03, Subd. 12. Transportation Parents normally provide student transportation to the nonresident district. After accepting an open enrollment spot, a parent may request transportation from an approved bus stop within the nonresident district nearest the family's home, if there is room on the bus and based on the final destination of the bus. Applications and Residency Only the legal parent or guardian may submit an application on behalf of the student. Parents/guardians must provide proof of residency at registration. Resolution Options o Set enrollment cap of 450 for kindergarten, 490 for grades 1-8 and 525 for grades 9-12 0 Siblings of currently attending STMA students will be given preference o Students of resident families who moved out of the district may continue to enroll in STMA upon completion of open enrollment forms o There is a possibility that not all students from the same family will be approved o The cap may be exceeded for enrollment of siblings of students currently attending STMA schools o The district reserves the right to assigned the student to a school o If the application for open enrollment is approved, the student is guaranteed space in the district until graduation o In addition to the statutory application deadline of January 15, the district will establish two or three additional application deadlines if there are more applications than can be accommodated, a lottery will determine which applications will be approved, with preference given to siblings of currently enrolled STMA students o When the number of applications exceeds available space, applications will be placed on a waiting list based upon the lottery o Students who are open enrolled into STMA, who discontinue enrollment (return to resident district, register for online school, etc.), and who wish to reenroll at STMA, must reapply for open enrollment and are not guaranteed reenrollment into STMA.