2021-03-15 City Council Agenda PacketCity of Albertville Council Agenda
Monday, March 15, 2021
City Council Chambers
7 pm
Due to COVID-19, the City Council will meet using a hybrid system of in-person and virtual
electronic format. Those who wish to join the meeting via Zoom, please use the link below:
Zoom Link: https://zoom.us/j/93019166949?pwd=clo0R0RSYlE1V1VidTNPRlJERDlrQT09
Zoom Meeting ID: 930 1916 6949 Passcode: 562357
Zoom Audio Number: 1-301-715-8592
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 Pages
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. Items pulled
will be approved by a separate motion.
A.Approve the March 1, 2021, regular City Council Meeting minutes as presented.3-5
B.Authorize the Monday, March 15, 2021,payment of claims as presented, except bills6
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 the renewal ofliquor licenses for licensee listed in staff report for the period of7-8
April 15, 2021 through April 14, 2022 contingent upon successful Wright County Sheriff’s
Department review for liquor law violations.
D.Adopt Resolution No. 2021-014 approving a new Lawful Gambling Premises Permit for9-10
the STMA Youth Hockey Association at D. Michael B’s located at 6550 Lamplight Drive.
E.Adopt Resolution No. 2021-015 transferring Funds from General Fund to Capital11-12
Improvement Fund for Economic Development.
F.Adopt Resolution No. 2021-016 setting the Recycling Fees for the June 2021 through May13-14
2026 period.
G.Adopt Resolution No. 2021-017 calling for aPublic Hearing on the proposed15-16
Establishment of Tax Increment Financing District No. 19 within Municipal Development
District No. 1, the proposed adoption of a Tax Increment Financing Plan relating thereto,
and the approval of a Business Subsidy Agreement relating thereto
City of Albertville City Council Agenda
Monday, March 15, 2021 Page 2 of 2
Public Hearing - None
Wright County Sheriff’s Office – Updates, reports, etc.
Department Business
City Council
Committee Updates (STMA Ice Arena, Planning, JPWB, Parks, Fire Board, FYCC,
etc.)
Building - None
City Clerk – None
Finance - None
Fire - None
Planning and Zoning - None
Golf Carts and ATV Use on City Streets Discussion
17-34
Public Works/Engineering
Legal
Adopt Modifications to Solicitation and Mobile Food Truck Ordinances
35-52
(Motion to adopt Ordinance No. 2021-04, adding Title 4, Chapter 9 of the Albertville
City Code relating to Mobile Food Units and approve summary Ordinance for
publication.)
(Motion to adopt Ordinance No. 2021-05, modifying Title 4, Chapter 4 of the
Albertville City Code relating to Peddlers, Solicitors and Transient Merchants and
approve summary Ordinance for publication.)
Administration
City Administrator’s Update
53-54
2021 Friendly City Days Discussion
Announcements and/or Upcoming Meetings
March 22 Joint Powers Water Board, 6 pm
Parks Committee, 7 pm
March 29 Joint Governance Meeting, 6 pm
April 5 Local Board of Appeal and Equalization, 6:15 pm
April 5 City Council, 7 pm
April 12 STMA Arena Board, 6 pm
April 13 Planning Commission, 7 pm
April 19 City Council, 7 pm
11.Adjournment
3
ALBERTVILLE CITY COUNCIL
DRAFT REGULAR MEETING MINUTES March 1, 2021 – 7 pm
Council Chambers
Albertville City Hall
1.Call to Order
Mayor Hendrickson called the meeting to order at 7:02 pm.
2.Pledge of Allegiance – Roll Call
Present:Mayor Hendrickson, Councilmembers Cocking, Hudson, Olson and Zagorski
Staff Present: City Administrator Nafstad, City Attorney Couri, Fire Chief Bullen, City Clerk Luedke
and Finance Director Lannes.
3.Recognitions – Presentations – Introductions - none
4.Public Forum
There was no one present for the public forum.
5.Amendments to the Agenda
City Administrator Nafstad added an item under the City Council section entitled Approve Contract for
Private Development for Advance Volumetric Alliance and Award Sale for Tax Increment Revenue.
MOTION made by Councilmember Olson, seconded by Councilmember Hudson to approve the
March 1, 2021, agenda as amended. Ayes: Cocking, Hendrickson, Hudson, Olson and Zagorski. Nays:
None. The motion 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. Items pulled will be approved by a
separate motion.
A.Approve the February 16, 2021, regular City Council Meeting minutes as presented.
B.Authorize the Monday, March 1, 2021, 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.
MOTION made by Councilmember Cocking, seconded by Councilmember Hudson to approve the
March 1, 2021, Consent Agenda as submitted. Ayes: Cocking, Hendrickson, Hudson, Olson and
Zagorski. Nays: None. The motion carried.
7.Public Hearing - None
8.Wright County Sheriff’s Office – Updates, reports, etc.
The Wright County Sheriff Deputy present at the meeting stated that calls to the sheriff’s office were
up and said that there was a gun incident at the Albertville mall that was still under investigation.
Agenda Page 3
4
City Council Meeting Draft Minutes Page 2
Regular Meeting of March 1, 2021
9. Department Business
A. City Council
1. Committee Updates (STMA Ice Arena, Planning, JPWB, Parks, Fire Board, FYCC)
Councilmember Olson provided an update on the Parks Commission meeting and added that one of the
members had submitted their resignation so that there are currently two open seats on the Commission.
2. Approve Contract for Private Development for Advance Volumetric Alliance and
Award Sale for its Tax Increment Revenue
City Attorney Couri presented the staff report and provided background information on the project and
the projected TIF cash flow. He said this would be a pay-as-you-go TIF with the City providing note
payments to the developer with the TIF revenues on a semi-annual basis after the City receives the
money from the County as long as the developer meets certain requirements over the next nine years.
He answered questions from Council.
MOTION made by Councilmember Cocking, seconded by Councilmember Zagorski to adopt
Resolution 2021-013 approving contract for Private Development with Advanced Volumetric
Alliance, LLC and awarding sale of, and providing the form, terms, covenants and directions for the
issuance of its Tax Increment Revenue note in the maximum principal amount of $1,794,000. Ayes:
Cocking, Hendrickson, Hudson, Olson and Zagorski. Nays: None. The motion carried.
B. Building – None
C. City Clerk
1. Special Event Permit – FYCC Dueling Pianos Event
City Clerk Luedke presented the staff report and answered questions from Council. City Administrator
Nafstad answered questions from the Council.
There was Council discussion regarding the Family Youth Community Connections special event.
MOTION made by Councilmember Cocking, seconded by Councilmember Zagorski to approve a
Special Event Permit for the Family Youth Community Connections to conduct their Dueling Pianos
Event to be held on June 25, 2021 from 6 pm to 10 pm at the Central Park Depot. Ayes: Cocking,
Hendrickson, Hudson, Olson and Zagorski. Nays: None. The motion carried.
D. Finance
1. Fire Relief Pension Contribution
Finance Director Lannes presented the staff report, provided background information on the funds and
answered questions from Council. Fire Chief Bullen answered questions from Council.
There was Council discussion regarding the one-time contribution to the Albertville Fire Relief
Association Special fund.
MOTION made by Councilmember Cocking, seconded by Councilmember Olson to adopt Resolution
No. 2021-012 approving a one-time contributions of $28,908.80 from the City’s Fire Pension Capital
Reserve Fund to the Albertville Fire Relief Association Special Fund. Ayes: Cocking, Hendrickson,
Hudson, Olson and Zagorski. Nays: None. The motion carried.
Agenda Page 4
5
City Council Meeting Draft Minutes Page 3
Regular Meeting of March 1, 2021
2. Recycling Fund Rates and Reserve Discussion
Finance Director Lannes presented the staff report and said staff had prepared four possible options for
the use of the current reserves and the annual grant money. She answered questions from Council. City
Administrator Nafstad answered questions from Council regarding the options.
There was Council discussion regarding the recycling fund, reserve options and possible clean up
events that the City could hold. The Council consensus was to amend the rates as in option one of the
staff report which would maintain the fund balance at current households and to look at other ways or
events that the reserve and annual grant money could be spent.
E. Planning and Zoning – None
F. Public Works/Engineering – None
G.Building – None
H.Legal – None
I. Administration
1. City Administrator’s Update
City Administrator Nafstad provided an update on the meeting staff had with the BNSF Railroad. He
discussed the railroad crossing and what the possible quiet zone improvements could cost. He said the
City was looking into all of the options and answered questions from Council.
City Administrator Nafstad said that many of the liquor license establishments thanked the City
Council for waiving the 2021-2022 liquor license fees and answered questions from Council regarding
the possibility of the 2021 Friendly City Days.
Announcements and/or Upcoming Meetings
March 8 STMA Arena Board, 6 pm
March 9 Planning Commission, 7 pm
March 15 City Council, 7 pm
February 22 Joint Powers Water Board, 6 pm
Parks Committee, 7 pm
March 1 City Council, 7 pm
10. Adjournment
MOTION made by Councilmember Hudson, second by Councilmember Cocking to adjourn the
meeting at 7:47 pm. Ayes: Cocking, Hendrickson, Hudson, Olson and Zagorski. Nays: None. The
motion carried.
Respectfully submitted,
_____________________________
Kristine A. Luedke, City Clerk
Agenda Page 5
6
Mayor and Council Request for Action
March 15, 2021
SUBJECT: C ONSENT -F INANCE – P AYMENT OF B ILLS
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
MOTION TO: Authorize the Monday, March 15, 2021, 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 Expenses/Vendors (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)
Agenda Page 6
7
Mayor and Council Request for Action
March 15, 2021
SUBJECT: C ITY CLERK – A NNUAL R ENEWAL OF L IQUOR L ICENSES
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
MOTION TO: Approve the renewal of liquor licenses for the licensees listed below for the
period of April 15, 2021 through April 14, 2022 contingent upon successful Wright County
Sheriff’s Department review for liquor license violations.
BACKGROUND: Each year the City of Albertville and State of Minnesota Alcohol and
Gambling Enforcement Division (AGED) must approve the renewal of liquor licenses for
establishments within the City of Albertville. The City must verify that there are no outstanding
fines, City Code violations, or delinquent taxes for each establishment. The Wright County
Sheriff’s Office must also check for liquor law violations within the last five years. Once Council
has approved the liquor renewals locally, they will be sent to MN AGED for their approval. The
liquor license period for the upcoming year runs April 15, 2021 to April 14, 2022. The following
liquor licenses are recommended for approval:
License Type
Licensee Address
On-Sale; Sunday & Off-Sale
152 Club 5794 Main Ave NE
On-Sale and Sunday
Cedar Creek Bar & Grill 5700 Jason Ave NE
3.2 Off-Sale
Coborn’s Grocery 5698 LaCentre Ave NE
Off-Sale
Coborn's Liquor 5600 LaCentre Ave NE, Ste 114
On-Sale; Sunday & Off-Sale
D.Michael B's6550 Lamplight Drive
On-Sale Wine & Strong Beer
El Bamba 11649 Laketowne View NE
On-Sale; Sunday & Off-Sale
Geez Sports Bar & Grill 5788 Main Ave NE
On-Sale Wine & Strong Beer
Hong Thai 5600 LaCentre Ave Ste 110
3.2 Off-Sale
Kwik Trip6300 LaBeaux Ave NE
On-Sale; Sunday & Off-Sale
Neighbor's Saloon & Eatery 5772 Main Ave NE
On-Sale and Sunday
Space Aliens Grill & Bar 11166 County Rd 37
st
3.2 Off-Sale
Speedway #7016 11044 61 Street NE
On-Sale Wine & Strong Beer
The Hen & The Hog 5262 Kyler Ave NE, Ste 111
On-Sale; Sunday & Off-Sale
Villa Bar and Grill 11935 59th Place NE
Off-Sale
Westside Liquor 11095 61st St NE, Ste P
On-Sale and Sunday
Willy McCoy's5651 LaCentre Ave NE
KEY ISSUES:
There are no delinquent taxes, outstanding fines, or code violations for the above
establishments.
Approval is contingent upon Wright County Sheriff’s review.
Agenda Page 7
8
Mayor and Council Request for Action – March 15, 2021
Annual Renewal of Liquor Licenses Page 2 of 2
Wright County requires a $100 investigation fee to complete background checks on
liquor establishments for all annual renewals and new licenses. Staff has passed this
expense onto the establishments.
POLICY/PRACTICES CONSIDERATIONS: It is the Mayor and City Council’s policy to
review and approve or deny liquor license renewals for establishments within Albertville.
FINANCIAL CONSIDERATIONS: Due to the COVID-19 pandemic, Council approved
waiving the 2021-2022 on-sale liquor license fees for the 2020-2021 on-sale liquor
establishments. Fees were collected for the off-sale liquor licenses and the required investigation
fees for Wright County.
Responsible Person/Department: Kris Luedke, City Clerk
Submitted Through: Adam Nafstad, City Administrator-PWD
Agenda Page 8
9
Mayor and Council Request for Action
March 15, 2021
SUBJECT: C ONSENT - C ITY C LERK – L AWFUL G AMBLING P REMISES P ERMIT A PPLICATION
FOR STMA YOUTH HOCKEY ASSOCIATION AT D. MICHAEL B’S
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
MOTION TO: Adopt Resolution No. 2021-014 approving a Lawful Gambling Premises Permit
for the STMA Youth Hockey Association at D. Michael B’s located at 6550 Lamplight Drive.
BACKGROUND: The STMA Youth Hockey Association has applied for a Lawful Gambling
Premises Permit for D. Michael B’s, located at 6550 Lamplight Drive, for pull-tabs. They
currently conduct lawful gambling at Neighbors, 152 Club, Space Aliens and Villa Bar & Grill.
KEY ISSUES:
STMA Youth Hockey Association is a qualified non-profit group that is eligible to
conduct lawful gambling off-site.
The gambling permit must first have local authority approval prior to submission to the
MN Gambling Control Board.
Lawful Gambling Premises Permits are perpetual, requiring no renewals once issued.
No new investigation is needed on the applicant as one has already been conducted for
their other establishments.
POLICY/PRACTICES CONSIDERATIONS: The Mayor and City Council have the authority
to either approve or deny any gambling license application received by the City.
Responsible Person/Department: Kris Luedke, City Clerk
Submitted Through: Adam Nafstad, City Administrator – PWD
Attachments:
Lawful Gambling Premises Permit Application on file in the City Clerk’s office
Resolution No. 2021-014
Agenda Page 9
10
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2021-014
A RESOLUTION APPROVING A LAWFUL GAMBLING
PREMISES PERMIT FOR THE STMA YOUTH HOCKEY ASSOCIATION
AT D. MICHAEL B’S LOCATED AT 6550 LAMPLIGHT DRIVE
WHEREAS, the City Council of the City of Albertville allows lawful gambling
premises permits to be issued within the City; and
WHEREAS, the STMA Youth Hockey Association has applied for a premises permit
to conduct lawful gambling at D. Michael B’s, located at 6550 Lamplight Drive, Albertville,
Minnesota.
NOW, THERFORE, BE IT RESOLVED, the City Council of the City of Albertville
hereby approves the request for premises permit for lawful gambling by STMA Youth Hockey
Association at D. Michael B’s, located at 6550 Lamplight Drive, Albertville, MN.
th
Adopted by the City Council of the City of Albertville this 15 day of March, 2021.
Jillian Hendrickson, Mayor
ATTEST:
Kristine A. Luedke, City Clerk
Agenda Page 10
11
Mayor and Council Request for Action
March 15, 2021
SUBJECT: C ONSENT -F INANCE –R ESOLUTION T RANSFERRING F UNDS
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
MOTION TO: Adopt Resolution No. 2021-015 entitled a Resolution to Transfer Funds.
Transfer $371,891 from General Fund No. 101 to Fund 102 Capital Improvement
Fund for Economic Development.
BACKGROUND: Staff has reviewed the additional fund balance in the General Fund and
recommends the transfer of funds for designated purposes of Economic Development.
POLICY CONSIDERATIONS: It is the Mayor and Council’s policy to review and approve all
fund transfers.
FINANCIAL CONSIDERATIONS: The excess general fund balance is generally due to
federal funding. Transferring these funds to Fund 102 would allow the money to be used for
economic development and/or other initiatives.
Responsible Person/Department: Tina Lannes, Finance Director
Submitted Through: Adam Nafstad, City Administrator-PWD
Attachments:
Resolution No. 2021-015
Agenda Page 11
12
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2021-015
A RESOLUTION TO TRANSFER FUNDS
WHEREAS, the Albertville City Staff has reviewed the General Fund Balance; and
WHEREAS, the Albertville City Council reviews and approves all fund transfers.
NOW, THEREFORE, BE IT RESOLVED by the Albertville City Council that the
following actions are implemented:
Transfer $371,891 from the General Fund No. 101 to Outlay Fund No. 102 designated to
Economic Development.
th
Adopted by the City Council of the City of Albertville this 15 day of March 2021.
____________________________
Jillian Hendrickson, Mayor
ATTEST:
Kristine A. Luedke, City Clerk
Agenda Page 12
13
Mayor and Council Request for Action
March 15, 2021
SUBJECT: C ONSENT - F INANCE RECYCLING FUND RATES
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
MOTION TO: Adopt Resolution No. 2021-016 setting the Recycling Fees for the June 2021
through May 2026 period.
BACKGROUND: Council approved the new recycling contract with Republic Services and set
the monthly charge for the utility bill through May 2026.
PRACTICES/POLICY CONSIDERATIONS: The Mayor and Council review and set rates
for services.
FINANCIAL CONSIDERATIONS: The recycling rate will increase from $3.32 to $4.40
($1.08) per month on the residential utility bill starting June 1, 2021 and additional increases will
occur annually June 1 through 2025.
LEGAL CONSIDERATIONS: The Mayor and Council have the authority to review and adjust
rates of for services and to utilize reserve funds to offset fees.
Responsible Person/Department: Tina Lannes, Finance Director
Submitted Through: Adam Nafstad, City Administrator-PWD
Attachments:
Resolution No. 2021-016
Agenda Page 13
14
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2021-016
A RESOLUTION SETTING THE RECYCLING FEES FOR THE JUNE 2021
THROUGH MAY 2026 PERIOD
WHEREAS: the City of Albertville’s contract for recycling services will end in May
2021; and
WHEREAS: the City Council entered into a renewal contract for recycling services
with Republic Services for June 2021 through May 31, 2026; and
WHEREAS: the City Council has authorized the use of the recycling fund to buy down
increased recycling fees with the new contract; and
WHEREAS: the annual monthly rates for recycling services shall be set as follows:
June 2021 – May 2022 $4.40
June 2022 – May 2023 $4.53
June 2023 – May 2024 $4.67
June 2024 – May 2025 $4.81
June 2025 – May 2026 $4.95
NOW, THERFORE, BE IT RESOLVED the City Council of the City of Albertville
hereby sets the recycling fees as listed above.
th
Adopted by the City Council of the City of Albertville this 15 day of March 2021.
Jillian Hendrickson, Mayor
ATTEST:
Kristine A. Luedke, City Clerk
Agenda Page 14
15
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2021-017
RESOLUTION CALLING FOR A PUBLIC HEARING ON THE PROPOSED
ESTABLISHMENT OF TAX INCREMENT FINANCING DISTRICT NO. 19 WITHIN
MUNICIPAL DEVELOPMENT DISTRICT NO. 1, THE PROPOSED ADOPTION OF A
TAX INCREMENT FINANCING PLAN RELATING THERETO, AND THE APPROVAL
OF A BUSINESS SUBSIDY AGREEMENT RELATING THERETO
BE IT RESOLVED by the City Council (the "Council") for the City of Albertville, Minnesota (the
"City"), as follows:
Section 1.Public Hearing. The Council shall meet on May 3, 2021, at approximately 7
p.m., to hold a public hearing on the proposed establishment of Tax Increment Financing District
No. 19 (a redevelopment district) (the “TIF District”) within Municipal Development District No. 1
in the City, and the proposed adoption of a Tax Increment Financing Plan (the "TIF Plan") for the
TIF District, pursuant to and in accordance with Minnesota Statutes, Sections 469.124 through
469.133 and Minnesota Statutes, Sections 469.174 through 469.1794, as amended. In addition, this
Council will consider the approval of a proposed business subsidy to be granted to a private
developer by the City in connection with establishment of the TIF District, pursuant to Minnesota
Statutes, Sections 116J.993 to 116J.995, as amended (the “Business Subsidy Act”).
Section 2. Notice of Public Hearing, Filing of TIF Plan. City staff are authorized and
directed to work with Northland Securities, Inc., to prepare the TIF Plan and to forward copies of
the TIF Plan toWright County and Independent School District No. 728. City staff are further
authorized and directed to work with Kennedy & Graven, Chartered, to prepare a Contract for
Private Redevelopment containing the terms of the proposed business subsidy, and to make a
summary of the business subsidy agreement available for public inspection in accordance with the
Business Subsidy Act. The City Clerk is authorized and directed to cause notice of the public
hearing, in substantially the form set forth in Exhibit A attached hereto, together with an appropriate
map as required by law, to be published at least once in the official newspaper of the City not fewer
than ten, nor more than 30 days prior to May 3, 2021, to place a copy of the TIF Plan and summary
of the business subsidy agreement on file in the City Administrator’s office at City Hall, and to
make such documents available for inspection by the public.
th
Adopted by the City Council of the City of Albertville this 15 day of March 2021.
Jillian Hendrickson, Mayor
ATTEST:
Kristine A. Luedke, City Clerk
Agenda Page 15
16
City of Albertville, MN
Resolution No. 2021-017
Meeting of March 15, 2021
Page 2
EXHIBIT A
NOTICE OF PUBLIC HEARING
CITY OF ALBERTVILLE
WRIGHT COUNTY
STATE OF MINNESOTA
NOTICE IS HEREBY GIVEN that the City Council of the City of Albertville, Minnesota
(the “City”), will hold a public hearing on May 3, 2021, at approximately 7 p.m. at the City Council
Chambers of City Hall located at 5959 Main Avenue NE in the City, relating to the proposed
establishment of Tax Increment Financing District No. 19 (a redevelopment district) (the “TIF
District”) within Municipal Development District No. 1 (the “Project”) in the City, and the
proposed adoption of a Tax Increment Financing Plan (the "TIF Plan") for the TIF District, all
pursuant to and in accordance with Minnesota Statutes, Sections 469.124 through 469.133 and
Sections 469.174 through 469.1794, as amended. In addition, this Council will consider the
approval of a proposed business subsidy to be granted to a private developer by the City in
connection with establishment of the TIF District, pursuant to Minnesota Statutes, Sections
116J.993 to 116J.995, as amended. A copy of the TIF Plan and summary of the business subsidy
agreement are on file and available for public inspection at the office of the City Administrator at
City Hall.
The property to be included in the TIF District is located within the Project. A map of the
Project and proposed TIF District is set forth below. Subject to certain limitations, tax increment
from the TIF District may be spent on eligible uses within the boundaries of the Project.
\[PLEASE NOTE: The Mayor has determined, due to the emergency declared under Minn.
Stat. Chapter 12 by the Governor of Minnesota and the Mayor regarding the COVID-19 health
pandemic, that it is not practical nor prudent for the City Council to meet in-person or pursuant to
Minnesota Statutes, Section 13D.02. In light of the COVID-19 health pandemic, it is not feasible for
all members of City Council to be present at the regular location, and some or all of the members of
the City Council will meet using a hybrid system of in-person and virtual electronic format. All
interested persons who wish to join may join the meeting virtually via Zoom, and present their
views orally, or may submit written comments prior to the meeting.\]
BY ORDER OF THE CITY COUNCIL OF
THE CITY OF ALBERTVILLE, MINNESOTA
/s/Kristine A. Luedke
City Clerk
Agenda Page 16
17
Mayor and Council Communication
March 15, 2021
SUBJECT:PLANNING DEPARTMENT - GOLF CARTS AND ATV USE ON CITY
STREETS
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
Provide direction to City Staff as to whether they wish to make some accommodation allowing
golf cartsto travel on public streets.
BACKGROUND:
The City routinely receives questions and complaints regarding golf carts and ATV use on City
streets.
Attached is MN State Statute 169.045 which addresses Special Vehicle Use of Roadways. This
statute allows a City to adopt an ordinance to allow vehicle such as ATV, Golf Carts and mini-
trucks to use public streets. Without this type of ordinance, these vehicles are not allowed to
travel on public streets except for crossing a public street at an intersection.
Title 7, Chapter 3 of the Albertville City Code deals with Snowmobiles and Recreation Vehicles
traveling within the City. This chapter allows the snowmobiles and recreational vehicles licensed
for highway operation to use the public streets with conditions.
Chapter, Section 7-3-5 also addresses the operation of ATVs as follows:
“Except as provided in this section, no person shall operate or knowingly permit the operation of
an all-terrain vehicle upon any street or highway within the City, including any portion of the
right of way. Nothing in this section shall be interpreted to prohibit the operation of an all-terrain
vehicle on the outside slope of a trunk, county state aid, or county highway within the City.”
Neither the definition of Recreational Vehicle or ATV includes golf carts. Staff requests Council’s
direction on this matter.
KEY ISSUES:
RECREATIONAL MOTOR VEHICLE: (Definition) Trail bikes, amphibious vehicles
and similar devices, other than snowmobiles, used at least partially for travel on natural
terrain, but not "special mobile equipment" as defined in Minnesota Statutes section
168.011, subd. 22, which is hereby incorporated herein by reference; also including any
self-propelled vehicle and any vehicle propelled or drawn by a self-propelled vehicle
used for recreational purposes, including, but not limited to, a motorized bicycle, all-
terrain vehicle, motorcycle, hovercraft or motor vehicle licensed for highway operation
which is being used for off road recreational purposes. This definition includes "off
highway motorcycles" as defined in Minnesota Statutes section 84.787, and "all-terrain
vehicles" as defined in Minnesota Statutes section 84.92.
Agenda Page 17
18
Mayor and Council Communication – March 15, 2021
Golf Carts and ATV Use on Public Streets Page 2 of 3
Golf Carts are not included in the definition of recreational vehicles.
The operation of recreational vehicles in Albertville must comply with the standards of
Section 7-3-4: RECREATIONAL VEHICLES:
A. All Minnesota safety and required equipment laws apply to all recreational vehicles.
B. All Minnesota state laws regarding prohibited conditions and operations apply to all
recreational vehicles.
C. The following are prohibited conditions and operations of recreational motor
vehicles within the city:
1. On the private property of another without lawful authority or consent of the
owner (or occupant) of such property.
2. On public sidewalks, walkways or trails provided or used for pedestrian travel.
3. On or across park lands or ice skating rinks, whether on lakes or flooded areas,
nor shall such vehicles park on such area unless such areas have been specially
designated for such use.
4. On any publicly owned lands and/or frozen waters, including, but not limited to,
school grounds, playgrounds, and recreation areas, unless such areas have been
specially designated for such use, except as provided in section 7-3-5 of this
chapter.
5. While under the influence of alcohol, controlled substances, or combination of
both.
6. At a speed greater than reasonable and proper under all the surrounding
circumstances.
7. At any place in a careless, reckless or negligent manner so as to endanger the
person or property of another or to cause injury or damage thereto.
8. In a manner so as to create a loud, unnecessary or unusual noise which disturbs,
annoys or interferes with the peace and quiet of other persons.
9. In any cemetery.
10. In any planting or tree nursery in a manner which damages or destroys growing
stock.
ALL-TERRAIN VEHICLES: A motorized flotation tired vehicle of not less than three
(3) low pressure tires, but not more than six (6) tires that is limited in engine
displacement of less than eight hundred (800) cubic centimeters and total dry weight less
than nine hundred (900) pounds.
Golf Carts are not included in the definition of All-Terrain Vehicles.
All-Terrain Vehicles are prohibited on public streets in Albertville per Section 7-3-5:
ALL-TERRAIN VEHICLES:
Except as provided in this section, no person shall operate or knowingly permit the
operation of an all-terrain vehicle upon any street or highway within the city, including
any portion of the right of way. Nothing in this section shall be interpreted to prohibit the
operation of an all-terrain vehicle on the outside slope of a trunk, county state aid, or
county highway within the City. (Ord., 1988)
POLICY/PRACTICES CONSIDERATIONS:
If the Council wishes to prohibit the operation of Golf Carts on public streets except for
crossing the street. Staff would provide a Golf Cart definition and provide a prohibition
similar to the Section 7-3-5 All- Terrain Vehicles.
Agenda Page 18
19
Mayor and Council Communication – March 15, 2021
Golf Carts and ATV Use on Public Streets Page 3 of 3
If the Council wishes to allow the use of Golf Carts on public streets, Staff would
provide code examples from other cities that may be pursued. Within these codes, some
cities require residents to obtain permits through the City to allow a specific person to
drive a golf carts on City streets (the permit is exclusive to a specific driver with
conditions for operating the cart). A second option is to allow everyone to use golf carts
on City streets with specific conditions on operation of the golf Carts. (driver age
restrictions, specific travel streets, insurance requirements, hours of operation, speed
limits, etc.)
FINANCIAL CONSIDERATIONS:
If Cart use is prohibited, we would not anticipate significant financial impact to the City.
If Cart use is allowed, the City will need to examine the fees for issuing a cart operation permits
if this option is pursued.
LEGAL CONSIDERATIONS: The City will depend on the County Sheriff for enforcement of
traffic laws. In this respect, any new code changes will be coordinated with the County Sheriff
Department.
Department/Responsible Person: Alan Brixius, City Planner
Submitted Through: Adam Nafstad, City Administrator-PWD
Attachments:
MN State Statue 169.045
Eagan Golf Cart Code
Eagan Utility Vehicle Code
Rochester Golf Cart Code
Minneota Golf Cart Code
Agenda Page 19
20
169.045 SPECIAL VEHICLE USE ON ROADWAY.
Subd. 1. Designation of roadway, permit.
The governing body of any county, home rule charter or statutory city, or town may by
ordinance authorize the operation of motorized golf carts, all-terrain vehicles, utility task
vehicles, or mini trucks, on designated roadways or portions thereof under its jurisdiction.
Authorization to operate a motorized golf cart, all-terrain vehicle, utility task vehicle, or mini
truck is by permit only. For purposes of this section:
(1) an all-terrain vehicle has the meaning given in section 84.92;
(2) a mini truck has the meaning given in section 169.011, subdivision 40a; and
(3) a utility task vehicle means a side-by-side, four-wheel drive, off-road vehicle that has
four wheels, is propelled by an internal combustion engine with a piston displacement capacity
of 1,200 cubic centimeters or less, and has a total dry weight of 1,800 but less than 2,600 pounds.
Subd. 2. Ordinance.
The ordinance shall designate the roadways, prescribe the form of the application for the
permit, require evidence of insurance complying with the provisions of section 65B.48,
subdivision 5 and may prescribe conditions, not inconsistent with the provisions of this section,
under which a permit may be granted. Permits may be granted for a period not to exceed three
years, and may be renewed. A permit may be revoked at any time if there is evidence that the
permittee cannot safely operate the motorized golf cart, all-terrain vehicle, utility task vehicle, or
mini truck on the designated roadways. The ordinance may require, as a condition to obtaining a
permit, that the applicant submit a certificate signed by a physician that the applicant is able to
safely operate a motorized golf cart, all-terrain vehicle, utility task vehicle, or mini truck on the
roadways designated.
Subd. 3. Times of operation.
Motorized golf carts, all-terrain vehicles, and utility task vehicles may only be operated on
designated roadways from sunrise to sunset, unless equipped with original equipment headlights,
taillights, and rear-facing brake lights. They shall not be operated in inclement weather, except
during emergency conditions as provided in the ordinance, or when visibility is impaired by
weather, smoke, fog or other conditions, or at any time when there is insufficient visibility to
clearly see persons and vehicles on the roadway at a distance of 500 feet.
Subd. 4. Slow-moving vehicle emblem.
Motorized golf carts shall display the slow-moving vehicle emblem provided for in
section 169.522, when operated on designated roadways.
Subd. 5. Crossing intersecting highways.
The operator, under permit, of a motorized golf cart, all-terrain vehicle, utility task vehicle,
or mini truck may cross any street or highway intersecting a designated roadway.
Agenda Page 20
21
Subd. 6. Application of traffic laws.
Every person operating a motorized golf cart, all-terrain vehicle, utility task vehicle, or mini
truck under permit on designated roadways has all the rights and duties applicable to the driver
of any other vehicle under the provisions of this chapter, except when those provisions cannot
reasonably be applied to motorized golf carts, all-terrain vehicles, utility task vehicles, or mini
trucks and except as otherwise specifically provided in subdivision 7.
Subd. 7. Nonapplication of certain laws.
The provisions of chapter 171 are applicable to persons operating mini trucks, but are not
applicable to persons operating motorized golf carts, utility task vehicles, or all-terrain vehicles
under permit on designated roadways pursuant to this section. Except for the requirements of
section 169.70, the provisions of this chapter relating to equipment on vehicles are not applicable
to motorized golf carts, utility task vehicles, or all-terrain vehicles operating, under permit, on
designated roadways.
Subd. 7a. Required equipment on mini trucks.
Notwithstanding sections 169.48 to 169.68, or any other law, a mini truck may be operated
under permit on designated roadways if it is equipped with:
(1)at least two headlamps;
(2)at least two taillamps;
(3)front and rear turn-signal lamps;
(4)an exterior mirror mounted on the driver's side of the vehicle and either (i) an exterior
mirror mounted on the passenger's side of the vehicle or (ii) an interior mirror;
(5)a windshield;
(6)a seat belt for the driver and front passenger; and
(7)a parking brake.
Subd. 8. Insurance.
In the event persons operating a motorized golf cart, utility task vehicle, all-terrain vehicle,
or mini truck under this section cannot obtain liability insurance in the private market, that
person may purchase automobile insurance, including no-fault coverage, from the Minnesota
Automobile Insurance Plan under sections 65B.01 to 65B.12, at a rate to be determined by the
commissioner of commerce.
History: 1986 c 452 s 19; 1Sp1986 c 3 art 2 s 12; 1987 c 337 s 121,122; 1997 c 159 art 2 s
18; 2009 c 158 s 3,10; 2011 c 107 s 89-95; 2012 c 287 art 3 s 56; 2014 c 255 s 20
Agenda Page 21
22
Eagan Minnesota Code:
Sec. 8.08. - Motorized golf cart use by persons with mobility
impairment.
Subd. 1. Motorized golf cart use by persons with mobility impairment—Permit required. Any
person with mobility impairment or any person assisting a person with a mobility impairment may
operate a motorized golf cart upon all streets within the city, except those expressly designated as
prohibited streets by resolution of the council. It is unlawful for any person to operate a motorized
golf cart under this section without first obtaining a permit therefor from the city. The fees for a
permit hereunder shall be established by the council, by resolution, from time to time. Each permit
hereunder shall be issued for a period of one year from its date of issuance.
Subd. 2. Permit application. An application for a permit hereunder shall be filed with the city clerk
upon an application form furnished by the city. The application shall include, but not be limited to,
the following:
A. The names and addresses of the following persons:
1. The applicant signed thereto; and
2. The person with mobility impairment for which the permit is sought if such person
is not the applicant;
B. The make and model and any identification number of the motorized golf cart to be
operated under the permit;
C. A certificate of a medical doctor, duly licensed to practice medicine in the state, which
certificate shall state that the applicant, if such applicant is a person with mobility
impairment, is able to safely operate a motorized golf cart on the designated street;
and
D. Any other and further information as the city deems necessary.
Subd. 3.Granting or denying issuance of permit. The city clerk may grant a permit hereunder. No
permit shall be issued hereunder until a certificate of insurance, evidencing coverage for liability in
compliance with the provisions of Minn. Stat. § 65B.41-65B.71, is filed with the city clerk. The city
clerk may deny a permit hereunder for any of the following reasons:
A. The application is incomplete and contains false, fraudulent or deceptive statements.
B. The applicant has not complied with one or more of the provisions hereunder.
C. The applicant has been convicted of a violation under this section.
Subd. 4. One person permit. No permit shall be issued to more than one person; the permit shall
apply to the individual, not the motorized golf cart.
Subd. 5. Conditions of permit. A permit granted by the council hereunder shall be subject to the
following conditions and to such other conditions as the council may deem necessary and
expedient for the protection of health, safety and general welfare of the city:
Agenda Page 22
23
A.Operation by permit holder only. It is unlawful for any person other than the person to
whom the permit was issued to operate a motorized golf cart under this section. Any
permit holder hereunder who is not a person with a mobility impairment shall not
operate a motorized golf cart hereunder unless the person with the mobility impairment
for whom the permit was issued is present in the motorized golf cart during operation
thereof.
B.Possession of permit. The permit holder shall have in possession at all times when
operating the motorized golf cart and shall produce on demand of a peace officer a
valid permit for operation of the motorized golf cart.
C. Operation on designated streets. It is unlawful for any person to operate a motorized
golf cart on any street designated as a prohibited street for such operation, unless it is
necessary to cross such prohibited street because it intersects a permitted street. Any
permit holder crossing a prohibited street that intersects a permitted street must do so
at the marked intersection thereof.
D. Compliance with state statute. The permit holder shall comply with the provisions of
Minn. Stat. § 169.045, governing the operation of motorized golf carts permitted under
provisions of the City Code.
E. Effective liability insurance. The permit holder shall have liability insurance coverage in
compliance with the provisions of Minn. Stat. §§ 65B.41—65B.71 in full force and effect
when operating the motorized golf cart under this section.
F. Nontransferability of permit. Any permit issued hereunder shall be nontransferable
except upon application to and with the consent of the council. An application for the
transfer shall be made as an application for issuance of the initial permit and shall
conform in all respects with the provisions of this section governing the filing of the
original application. The application for transfer is to be accompanied by a transfer fee
as to be determined by the council by resolution.
G. Operation prohibited within pedestrian walkways and parks. It is unlawful for any
person to operate a motorized golf cart upon any sidewalk, trailway, path or other
pedestrian walkway within the city or to operate such motorized golf cart at a speed in
excess of 25 miles per hour.
Subd. 6. Permit renewal. A permit hereunder may not be renewed unless an application for permit
renewal is filed in accordance with the provisions of this section governing the filing of the original
permit application.
Subd. 7 Revocation of permit. Any violation of any provision of this section or any conditions of
the permit issued hereunder or any misdemeanor and petty misdemeanor conviction of the permit
holder under this section shall constitute grounds for revocation of a permit issued hereunder.
Agenda Page 23
24
Eagan Minnesota Code:
Sec. 8.10. - Utility vehicle operation on city streets.
Subd. 1. Authority and scope. This section is adopted under the authority of Minn. Stat. §169.045,
(2014 and as may be amended), and other applicable laws of the state. This section permits the
operation of a utility vehicle, as defined herein, on specifically designated public streets, or
portions thereof, under the city's authority pursuant to a valid permit issued by the city. This
section does not apply to or authorize the operation of a utility vehicle on any state or county
highway or roadway. The lawful operation of a utility vehicle under this section is subject to all the
provisions herein.
Subd. 2. Definitions. As used in this section, the following terms are defined as:
All-terrain vehicle means a motorized vehicle of not less than three, but not more than six low
pressure or non-pneumatic tires that is limited in engine displacement of less than 1,000 cubic
centimeters and has a total dry weight of less than 1,800 pounds.
Designated use district means a geographic area of which the boundaries are established by
expressly designated city streets by resolution of council. One or more designated use districts
may be established within the city by council resolution and any designated use district may be
expand or reduced from time to time by council resolution.
Mini truck means a motor vehicle that has four wheels; is propelled by an electric motor with a
rated power of 7,500 watts or less or an internal combustion engine with a piston displacement
capacity of 660 cubic centimeters or less; has a total dry weight of 900 to 2,200 pounds; contains
an enclosed cabin and a seat for the vehicle operator; commonly resembles a pickup truck or van,
including a cargo area or bed located at the rear of the vehicle; and was not originally
manufactured to meet federal motor vehicle safety standards required of motor vehicles in the
Code of Federal Regulations, a motor vehicle that meets or exceeds the regulations in the Code of
Federal Regulations, title 49, section 571.500, and successor requirements. A mini truck does not
include a neighborhood electric vehicle or a medium-speed electric vehicle; or a motor vehicle that
meets or exceeds the regulations in the Code of Federal Regulations, title 49, section 571.500,
and successor requirements
Motorized golf cart means any 4-wheeled self-propelled vehicle whose top speed is not greater
than 25 miles per hour and is designed to be used to provide transportation on a golf course.
Utility task vehicle means a side-by-side, four-wheel drive, off-road vehicle that has four wheels, is
propelled by an internal combustion engine with a piston displacement capacity of 1,200 cubic
centimeters or less, and has a total dry weight of at least 1,800 but less than 2,600 pounds.
Utility vehicle means a motorized golf cart, all-terrain vehicle, utility task vehicle and mini trucks.
Subd. 3. Permit required. It is unlawful for any person to operate a utility vehicle upon any public
street or highway, or any portions thereof, within the city unless said operation is pursuant to a
valid permit issued by the city and in accordance with the terms and conditions of the permit. It is
unlawful for any permit holder to operate a utility vehicle outside the designated use district or on
any street within the designated use district that is not designated for utility vehicle use.
Agenda Page 24
25
Subd. 4. Permit application.An application for a permit under this section, along with the permit
fee, shall be filed with the city clerk. The application shall be on a form furnished by the city. The
application shall include, but not be limited to, the following:
A. The full name, date of birth and residential address of the person seeking the permit.
B. The year, make, and model of the vehicle(s) and the vehicle identification number, if
any, to be operated under the permit.
C. The full name and address of the owner of each utility vehicle to be operated under the
permit. If the owner is a business or legal entity, theregistered name and registered
address of the business or entity with the Minnesota Secretary of State.
D. Identification of the designated use district for which the permit is sought.
E. Identification of the reason(s) for which operation on city streets within the designated
use district are necessary and the business or commercial use for which the operation
serves.
F. Proof of liability insurance coverage (in the form and amounts set forth herein) for the
applicant and all utility vehicles to be operated under the permit.
G. Any other and further information as the city deems necessary.
Subd. 5. Insurance coverage. Prior to issuance of a permit, the applicant must file with the city
clerk the following:
A. A certificate of insurance, evidencing coverage for liability of the permit holder in
compliance with the provisions of Minn. Stat. §§ 65B.41-65B.71; and
B. A certificate of insurance evidencing coverage for liability of the owner of the utility
vehicle(s) to be used under the permit issued hereunder. The certificate of insurance
shall name the city as an additional insured and shall provide that the city be notified
upon expiration or cancellation of the insurance coverage.
Subd. 6. Issuance of permit. The city clerk shall have the authority to grant or deny a permit under
this section. The city clerk shall deny a permit under this section for any of the following reasons:
A. The permit applicant is not age 18 or older.
B. The permit applicant is not an employee or agent of a business or commercial use
within a designated use district or abutting a city street within a designated use district
on which a utility vehicle may be operated.
C. The operation of a utility vehicle on city streets, as to be identified in the application, is
not for the necessary or required operations of the business for which the applicant is
employed.
D. The application is incomplete.
E. The application contains false, fraudulent or deceptive statements.
Agenda Page 25
26
F.Proof of liability insurance coverage, as required herein, has not been filed with the city
clerk.
G. The applicant has been convicted of a violation under this section.
Subd. 7. One person permit. One permit shall be issued to one person; the permit shall apply to an
individual, not the utility vehicle.
Subd.8. Conditions of permit. A permit granted hereunder shall be subject to the following
conditions:
A. Operation by permit holder only. It is unlawful for any person other than the person to
whom the permit was issued to operate a utility vehicle under this section.
B.Possession of permit. The permit holder shall have in his/her possession at all times
when operating the utility vehicle and shall produce on demand of a peace officer a
valid permit for operation of the utility vehicle.
C. Compliance with state statute. The permit holder shall comply with the provisions of
Minn. Stat. § 169.045.
D. Effective liability insurance. The permit holder shall have liability insurance coverage in
compliance with the provisions of Minn. Stat. §§ 65B.41—65B.71 in full force and effect
when operating the utility vehicle under this section.
E. Nontransferability of permit. Any permit issued under this section shall be
nontransferable.
F. Operation prohibited within pedestrian walkways and parks. It is unlawful for any
person to operate a utility vehicle upon any sidewalk, trail, path or other pedestrian
walkway.
G. Speed limit. It is unlawful for any person to operate a utility vehicle at a speed in
excess of 25 miles per hour.
H.Times of operation. Utility vehicles may only be operated on designated streets or in a
designated district from sunrise to sunset, unless equipped with original equipment
headlights, taillights, and rear-facing brake lights.
I. Operation prohibited in inclement weather. Utility vehicles shall not be operated in
inclement weather or when visibility is impaired by weather, smoke, fog or other
conditions, or at any time when there is insufficient visibility to clearly see persons and
vehicles on the street at a distance of 500 feet.
J. Equipment. All equipment required by state law for the utility vehicle must be in good,
working condition at all times when such utility vehicle is in operation.
K. Operation on permitted designated streets. Utility vehicle shall be operated only on
permitted designated streets within the designated use district for which the permit was
issued and it shall be the responsibility of the permit holder to know the permitted
designated streets.
Agenda Page 26
27
L.Safe operation.The permit holder shall operate the utility vehicle in accordance with all
traffic laws as applicable to motor vehicles and shall operate in a safe and prudent
manner.
Subd. 9. Permit term and renewal. The term of a permit issued under this section shall be from the
date of issuance to June 30 of the subsequent odd-numbered year. A permit hereunder may not
be renewed unless an application for permit renewal is filed in accordance with the provisions of
this section governing the filing of the original permit application. The permit shall automatically
terminate when:
A.The permit holder ceases employment with or is no longer working for the business or
commercial operation for which the utility vehicle use was operated; or
B. The liability coverage required under this section lapses or is canceled.
Subd. 10. Revocation of permit. The following shall constitute grounds for revocation of a permit
issued under this section:
A. Any violation of any provision of this section or any conditions of the permit issued
hereunder;
B. Upon clear and convincing evidence that the permit holder cannot safely operate the
utility vehicle due to physical conditions;
C. Upon clear and convincing evidence that the permit holder failed to safely operate the
utility vehicle.
Subd. 11. Exception. This section does not apply to the use of a utility vehicle upon streets within
the city by any of the following:
A. An employee or contractor of the City of Eagan operating a city-owned or contracted
vehicle; or
B. A person with mobility impairment or any person assisting a person with mobility
impairment to whom a permit was issued and as regulated elsewhere in the City Code.
(Ord. No. 538, 2nd series, § 1, eff. 3-3-2015)
Agenda Page 27
28
Rochester Minnesota – City Code
CHAPTER 11-2. - MOTORIZED GOLF CARTS
Sec. 11-2-1. - Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Insurance means motor vehicle insurance which complies with the requirements set forth in Minn.
Stats. § 65B.48, subd. 5.
Motorized golf cart means a vehicle usually three or four wheeled which is self-propelled and is
designed to be used to provide transportation on a golf course.
Physically disabled person means any person meeting the criteria set forth in Minn. Stats. §
169.345, subd. 2 that qualifies for a certificate allowing the person to park in a parking space for
the physically disabled.
Slow moving vehicle emblem means a sign which complies with the requirements set forth in
Minn. Stats. § 169.522.
(Code 1965, § 130A.01)
Sec. 11-2-2. - Limitations.
Motorized golf carts may be operated within the city limits but only as expressly provided in this
section. Any use which is not expressly authorized by this section is prohibited.
(Code 1965, § 130A.02)
Sec. 11-2-3. - Operator permits.
(a)Persons wishing to operate motorized golf carts on public roadways must obtain a permit
application from the city clerk. Permits shall be valid for one year from the date of
issuance.
(b)Conditions for issuance of a permit are as follows:
(1)Applicant must possess a valid driver's license issued by the state or some other
state or foreign country.
Agenda Page 28
29
(2)If the applicant is physically disabled, the applicant must submit a certificate signed
by a licensed physician that the applicant is able to operate a motorized golf cart on
the roadways designated.
(3)Applicant must submit a written description of the route which the applicant
proposes to take from the place where the motorized golf cart is garaged to the golf
course where the applicant intends to use the motorized golf cart.
(4)Applicant must submit a signed affidavit asserting that the motorized golf cart to be
used has been equipped with a rearview mirror and a slow moving vehicle sign.
(5)Applicant must submit a signed affidavit that the motorized golf cart is covered by
insurance.
(c)If an applicant satisfies the above described conditions, the city shall issue a
permit.
(Code 1965, § 130A.03)
Sec. 11-2-4. - Operating regulations.
(a)A person who has been granted a permit shall have the permit in possession while
operating the motorized golf cart.
(b)Motorized golf carts shall only be operated on the specific roadways which shall be
approved for use by resolution of the city council. Operators may cross any street
or highway which intersects a designated roadway. Roadways which are approved
shall be listed on the permit issued to the operator. In addition, a list of permit
holders and the roadways on which they may drive their motorized golf carts shall
be kept on file in the office of the city clerk.
(c)Motorized golf carts may only be operated from sunrise to sunset. Motorized golf
carts may not be operated during inclement weather or when visibility is impaired
by weather, smoke, fog or other conditions or when there is insufficient light to
clearly see persons and vehicles on the roadway at a distance of 500 feet.
Agenda Page 29
30
(d)Motorized golf cart operators must obey all traffic laws while operating a motorized
golf cart which can reasonably be applied to motorized golf carts. However, Minn.
Stats. ch. 168, dealing with motor vehicle licensing provisions, shall not apply. In
addition, with the exception of Minn. Stats. § 169.70 requiring a rearview mirror,
laws governing vehicle equipment also shall not apply.
(Code 1965, § 130A.04)
Sec. 11-2-5. - Penalties.
(a)Violation of any of the requirements of this chapter is a misdemeanor punishable by
up to 90 days in jail, a fine of up to $1,000.00, or both.
(b)In addition to any criminal sanctions, the permit may be revoked if any of the
following conditions occur:
(1)The city is notified by any court that a permit holder was convicted of
violating a state or local traffic law other than a parking law while operating
the motorized golf cart.
(2)An applicant is found to have made fraudulent representations in a permit
application.
(3)The city is notified by a physician that the applicant can no longer operate
the motorized golf cart safely.
(Code 1965, § 130A.05)
State Law reference— Authorized penalty for ordinance violations, Minn. Stats. §§ 609.0332,
609.034.
Agenda Page 30
31
15-01
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eanings:
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Agenda Page 31
32
Example:
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Agenda Page 32
33
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Agenda Page 33
34
6Violations.
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____________________________________________________
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Agenda Page 34
35
Mayor and Council Request for Action
March 15, 2021
SUBJECT: LEGAL – ADOPT MODIFICATIONS TO SOLICITATION AND MOBILE
FOOD ORDINANCES
RECOMMENDATION: It is respectfully requested that the MayorandCouncil consider the
following:
MOTION TO: Adopt Ordinance No. 2021-04, adding Title 4, Chapter 9 of the Albertville City
Code relating to Mobile Food Units and approving summary Ordinance for publication.
MOTION TO: Adopt Ordinance No. 2021-05, modifying Title 4, Chapter 4 of the Albertville
City Code relating to Peddlers, Solicitors and Transient Merchants and approving summary
Ordinance for publication.
BACKGROUND: The City Code’s restrictions on hours of solicitation was recently challenged
by a solicitor who invoked a Federal Court ruling as precedent that prohibits the relatively strict
hours of operation during which the City allows soliciting to occur. Under Federal law, those
hours may be found to be a violation of free speech and need to be changed to come in line with
recent case law on this issue. In doing so, the entire solicitor ordinance was reviewed and
modified using the League’s model ordinance and the cities of Bloomington’s and St. Michael’s
solicitor ordinances to draw from as a basis for the current revisions.
In revising the solicitor ordinance, it was determined that the Mobile Food Unit regulations are
different enough from the solicitor regulations that they the Mobile Food Unit regulations should
be a separate chapter in Title 4 (business regulations). In doing so, the Mobile Food Unit
regulations have been modified to better match the actual procedures the City currently uses to
license these operations.
KEY ISSUES:
The City Code requires peddlers, solicitors and transient merchants to obtain a license
before operating in the City and provides some limits on the extent of their activities.
Recent Federal Court decisions have limited the City’s ability to regulate peddlers,
solicitors, and transient merchants. If the City over regulates these activities, it may be
liable for violation of a person’s constitutional rights, which may subject the City to
damages and payment of the individual’s attorney fees.
Because these limitations arise from Federal Constitutional law, legislation cannot “fix”
this issue and these changes are likely here to stay.
As Federal case law continues to evolve on this issue, additional changes to the solicitor
portion of the Code will likely have to be made in the future.
The City Attorney recommends expanding the hours that peddlers, solicitors and
transient merchants can operate, as well as eliminating other more minor regulations that
may be viewed as unnecessarily restricting free speech or interstate commerce.
The Mobile Food Unit provisions have been removed from the solicitor ordinance (Title
4, Chapter 4) and added as Chapter 9 to Title 4.
Agenda Page 35
36
Mayor and Council Request for Action – March 15, 2021
Modifications to Solicitation and Mobile Food Truck Ordinances Page 2 of 2
POLICY/PRACTICES CONSIDERATIONS: The City has an interest in protecting its
citizens from the intrusive behavior of peddlers, solicitors and transient merchants, but such
regulation has recently become more limited in its application. Compliance with the law will
result in less protection for the City’s residents, but will also reduce the chance the City gets sued
over the ordinance provisions.
FINANCIAL CONSIDERATIONS: Changing the City Code on this issue may potentially
save the City litigation costs and reduce the likelihood that the City will end up paying a
plaintiff’s attorney’s fees for violating an individual’s or an organization’s constitutional rights.
Other than reducing that risk, these changes should have no other financial impact on the City.
LEGAL CONSIDERATIONS: The City Attorney recommends the changes set forth in the
attached ordinance drafts to better bring the City’s ordinance in line with current law.
Department/Responsible Person: Mike Couri, City Attorney
Submitted Through: Adam Nafstad, City Administrator-PWD
Attachments:
Ordinance No. 2021-04 adding Title 4, Chapter 9 of the Albertville City Code relating to
Mobile Food Units
Summary Ordinance No. 2021-04
Ordinance No. 2021-05 modifying Title 4, Chapter 4 of the Albertville City Code relating
to Peddlers, Solicitors and Transient Merchants
Summary Ordinance No. 2021-05
Agenda Page 36
37
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
ORDINANCE NO. 2021-04
AN ORDINANCE ADDING TITLE 4, CHAPTER 9 OF THE
ALBERTVILLE CITY CODE RELATED TO MOBILE FOOD UNITS
The City Council of the City of Albertville, Minnesota hereby ordains:
Section 1. Title 4, Chapter 9 of the Albertville City Code is hereby added to read as follows:
4-9-1: PURPOSE:
The purpose of this chapter is to establish regulations and licensing requirements for any person,
desiring to operate Mobile Food Units (“MFUs”) within the City of Albertville. The purpose of
the regulations is to protect the public health, manage potential conflicting uses of the public
right of way, and minimize unfair competition with fixed-site prepared food vendors in the
community.
4-9-2: DEFINITIONS:
For purpose of this chapter, the following definitions shall apply unless the context clearly
indicates a different meaning:
MOBILE FOOD UNIT (“MFU”): A food and beverage service establishment that is a vehicle
mounted unit, either:
A. Motorized or trailered, a self-contained unit, in which food is stored, cooked, and prepared
for direct sale to the consumer, operating no more than twenty one (21) days annually at
any one place, or operating more than twenty one (21) days annually at any one.
B. Operated in conjunction with a permanent business licensed under Minnesota Statute
chapter 157 or chapter 28A at the site of the permanent business by the same individual or
company, and readily movable, without disassembling, for transport to another location.
C. Ice Cream Truck: A motor vehicle utilized as the point of retail sales of prewrapped or
prepackaged ice cream, frozen yogurt, frozen custard, flavored frozen water or similar
frozen dessert products.
FIXED SITE FOOD VENDOR: an establishment engaged in the business of selling prepared,
ready-to-eat foods to the public at a fixed location and from a permanent building, such as a
restaurant, café, or similar establishment.
4-9-3: LICENSING REQUIREMENTS:
A. License Required; Separate Licenses: It shall be unlawful for any person to operation of an
MFU in the City without first obtaining a license in compliance with the provisions of this
section.
B. Application for License: An application for a license shall be filed with the City Clerk. The
application shall be made on a form supplied by the City and shall contain information,
including but not limited to, the following.
1. The applicant’s legal name, other names applicant uses or is known by.
2. The permanent home address (place of business if the applicant is not a person) and
telephone numbers of the applicant.
Agenda Page 37
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City of Albertville
Ordinance No. 2021-04
Meeting of March 15, 2021
Page 2
3. The owner or lessee of the property upon which the MFU will be located must either
sign the application or sign a written statement authorizing the applicant to operate the
MFU on the owner’s or lessee’s property.
4. A description of the nature of the MFU, the goods to be sold, and the applicant's
method of operation.
5. A copy of the MFU’s State of Minnesota Health Department License authorizing sales.
MFUs must adhere to state regulations for food trucks as provided in food code chapter
4626.1860 mobile food establishments; seasonal temporary food stands; seasonal
permanent food stands.
7. The length of time during which the applicant intends to do business in the City, with
the approximate dates.
8. A statement as to whether or not the applicant or the person managing the business has
been convicted of any crime, misdemeanor or violation of any municipal ordinance
involving activities licensed under this chapter, the nature of the offense and the
punishment or penalty assessed therefor.
9. A description of the vehicle, together with the license number or other means of
identification. Vehicle size shall not exceed ten (10) feet in height, nor twenty-five (25)
feet in length.
10. Ice cream truck vendors shall be required to undergo a criminal background check prior
to operating in the City.
C. License Fee: The license fee for operating anMFU established in section 3-1-3 of this code,
shall be paid at the time of application for a license. (Ord. 2017-01, 1-3-2017)
D. No license shall be required for any MFU that:
1. Has contracted solely with the owner or occupant of a property for a private event on
such property where food is not sold to guests or any other member of the public and
for which there is no fee for admission.
2. Is authorized by the City to operate on City Park property during the Friendly City
Days festival.
E. LICENSE TYPES
1. There shall be two types of MFU licenses, as follows: shall be issued for one of two
time periods:
a. A temporary license allows an MFU operations in the City for up to three (3)
consecutive days; or
b. An annual license allows an operations in the City for up to 21 days during the
calendar year. All annual licenses expire on December 31 following the date of
issue.
F. All licenses shall be issued for use on one property only.
G. The City may place conditions on such license that it deems necessary and appropriate.
H. The City may refuse to issue a license to any person who has previously had an MFU
license revoked by the City.
4-9-4: PROHIBITED HOURS:
MFU operations are limited to the business, industrial, and public/institutional zoning districts,
and are not permitted between the hours of 10 p.m. and 8 a.m. Ice cream truck vendors may
operate in all zoning districts but must adhere to the described hours of operation.
Agenda Page 38
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City of Albertville
Ordinance No. 2021-04
Meeting of March 15, 2021
Page 3
4-9-5: PROHIBITED PRACTICES GENERALLY:
A. Unlawful Purpose: It is unlawful for any MFU to engage in solicitation for any unlawful
purpose.
B. License Unobtained: It is unlawful for any person to operate an MFU without first
obtaining a license therefor as provided in this chapter.
C. Fraudulent or Deceptive Practices: It is unlawful for any MFU to engage in any fraudulent
or deceptive practices.
D. Violations of Conditions: It is unlawful to violate any conditions placed upon an MFU
license by the City. (Ord. 2004-14)
4-9-6: ADDITIONAL RESTRICTIONS FOR MOBILE FOOD UNITS:
A. Operation on Public Property: It shall be unlawful for any MFU to sell or operate on any
public lands or public right of way within the City except as specifically authorized in the
City Code.
B. Operation on Private Property: No MFU shall operate or be operated within the city from a
stationary location on private property at any location where such sales would not be
permitted by the zoning ordinance or without first obtaining the written consent of the
property owner or occupant. The written consent must accompany the license application.
C. Signs: No signage shall violate the provisions of the City Code relating to size and number
of business signs. (Ord. 2004-14)
D. MFU sites shall be kept in a neat and orderly manner, and shall adhere to the following site
requirements:
1. Trash and/or recycling collection and cleanup must be provided.
2. MFUs must provide independent power supply which is screened from view.
Generators are permitted.
3. MFUs cannot obstruct the movement of pedestrians or vehicles or pose a hazard to
public safety.
4. MFUs shall be located on an asphalt or concrete surface.
5. MFUs may not be located within two hundred feet (200') of existing restaurants or
coffee shops, as measured from the MFU to the food service building. However, MFUs
may be permitted within two hundred feet (200') of existing food establishments within
the same shopping center, with permission from the shopping center's owner.
6. MFUs must close during adverse weather conditions when shelter is not provided.
7. MFU shall comply with all applicable Minnesota State Fire Code Sections and as
regulated by the Albertville Fire Chief.
8. MFU must comply with the National Fire Protection Association’s Standard for
Ventilation Control and Fire Protection of Commercial Cooking Operations.
9. Propane tanks must be attached or secured to the MFU and must be adequately
ventilated.
10. MFU must have at least one (1) 2A:20BC fire extinguisher in the MFU. If deep frying
occurs in the MFU, then the MFU must have a least one (1) Class K Fire extinguisher
in the unit. Each fire extinguisher must display an inspection tag dated within the past
12 month.
Agenda Page 39
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City of Albertville
Ordinance No. 2021-04
Meeting of March 15, 2021
Page 4
E. MFUs must be located on private property, and the applicant must provide written consent
from the property owner. However, MFUs may be located in a public park with approval
from the City, and ice cream trucks are allowed to operate within the public right of way in
residential districts.
F. No MFU license shall be transferred to any other person or party other than to whom it was
issued.
4-9-8: NOISY CONDITIONS PROHIBITED:
No MFU license holder or any person in his behalf, shall shout, blow a horn, ring a bell or use
any sound devices upon any of the streets, alleys, parks, or other public places or upon any
private premises in the City. (Ord. 2004-14)
4-9-9: DUTIES OF POLICE:
It shall be the duty of any police officer of the City to require any person seen operating MFU
operations, and who is not known to such officer to be duly licensed, to produce his license and
to enforce the provisions of this chapter against any person when in violation of this chapter.
(Ord. 2004-14)
4-9-10: REVOCATION OF LICENSE:
A. The Council may revoke any MFU license upon a showing of cause at a public hearing after
the licensee has received timely notice thereof and has an opportunity to be heard regarding
the potential revocation of his or her license and the opportunity to present witnesses on his
or her behalf. Notice may be given in the same manner as that prescribed for service of
process under the Minnesota rules of civil procedure for the district courts or by certified or
registered U.S. Mail.
B. Emergency: If, in the discretion of the City Administrator, imminent harm to the health or
safety of the public may occur because of the actions of a licensee under this Chapter, the
City may immediately suspend the permit and provide notice under provisions of this
section.
C. An MFU license may be revoked for any of the following reasons:
1. The MFU site is found to be in noncompliance with any requirements of this chapter.
2. The MFU has violated the conditions of the MFU license or has violated any provision
of the City Code.
3. The MFU’s operations are determined to be unsanitary.
4. The MFU’s licenses issued by the State of Minnesota has expired or is revoked.
5. The owner or lessee of the property has revoked permission for the MFU to operate on
its property.
6. Other good cause as may be established by the City.
4-9-11: MISDEMEANOR VIOLATION; PENALTY:
Every person violates a provision of this chapter when such person performs an act thereby
prohibited or declared unlawful or fails to act when such failure is thereby prohibited or declared
unlawful, and upon conviction thereof, shall be punished as for a misdemeanor, except as
otherwise stated in specific provision hereof, or upon conviction thereof, shall be punished as a
misdemeanor as provided in section 1-4-1 of this code. (Ord. 2017-01, 1-3-2017)
Agenda Page 40
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City of Albertville
Ordinance No. 2021-04
Meeting of March 15, 2021
Page 5
Section 2. This ordinance shall be effective upon its passage and publication according to law.
th
Adopted by the City Council of the City of Albertville this 15 day of March, 2021.
_____________________________
Jillian Hendrickson, Mayor
ATTEST:
___________________________________
Kristine A. Luedke, City Clerk
Agenda Page 41
42
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
ORDINANCE NO. 2021-04
AN ORDINANCE ADDING TITLE 4, CHAPTER 9 OF THE ALBERTVILLE CITY
CODE RELATING TO MOBILE FOOD UNITS
On March 15, 2021, the City Council of the City of Albertville adopted Ordinance No. 2021-04
entitled “An Ordinance Adding Title 4, Chapter 9 of the Albertville City Code relating to Mobile
Food Units.” The full text of the ordinance is available for inspection during regular office hours at
the office of the City Clerk in the Albertville City Hall. Below is a summary of the ordinance:
Section 1.
4-9-1: PURPOSE: The purpose of this chapter is to establish regulations and licensing
requirements for Mobile Food Units (MFUs) within the City of Albertville.
4-9-2: DEFINITIONS: Sets forth the definitions used in the ordinance.
4-9-3: LICENSING REQUIREMENTS: Requires licenses for any person to engage in the
activity of operating an MFU within the City of Albertville and sets forth the procedures for
applying for such license.
4-9-4: PROHIBITED HOURS: MFU operations are limited to the business, industrial, and
public/institutional districts, and are not permitted between the hours of ten o'clock (10:00) P.M.
and eight o'clock (8:00) A.M. Ice cream truck vendors may operate in all zoning districts but
must adhere to the described hours of operation.
4-9-5: PROHIBITED PRACTICES GENERALLY: Sets forth MFU practices that are prohibited.
4-9-6: ADDITIONAL RESTRICTIONS FOR MOBILE FOOD UNITS: Sets for additional
restrictions on the operation of MFUs in the City of Albertville.
4-9-7: NOISY CONDITIONS PROHIBITED: No MFU license holder or MFU operation under
this chapter, or any person in his behalf, shall shout, blow a horn, ring a bell or use any sound
devices upon any of the streets, alleys, parks, or other public places of the city or upon any
private premises in the city.
4-9-8: DUTIES OF POLICE: It shall be the duty of any police officer of the city to require any
person seen operating MFU operations, and who is not known to such officer to be duly licensed,
to produce his license and to enforce the provisions of this chapter against any person when in
violation of this chapter.
4-9-9: REVOCATION OF LICENSE: Provides procedures for the City to revoke any MFU
license upon a showing of cause at a public hearing.
4-9-10: MISDEMEANOR VIOLATION; PENALTY: Violation of this ordinance is punishable
as a misdemeanor
Agenda Page 42
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City of Albertville
Summary Ordinance No. 2021-04
Meeting of March 15, 2021
Page 2
Section 2. This ordinance shall be effective upon its passage and publication according to law.
th
Adopted by the City Council of the City of Albertville this 15 day of March, 2021.
ATTEST:
Kristine A. Luedke
Albertville City Clerk
Published in the Crow River News: March 25, 2021
Agenda Page 43
44
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
ORDINANCE NO. 2021-05
AN ORDINANCE MODIFYING TITLE 4, CHAPTER 4 OF THE ALBERTVILLE CITY
CODE RELATING TO PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS
The City Council of the City of Albertville, Minnesota hereby ordains:
Section 1. Chapter 4, Title 4 of the Albertville City Code is hereby amended to read as follows:
4-4-1: PURPOSE:
This Section is not intended to in any way hinder, delay or interfere with legitimate business or
organizational activities. The Council finds, however, that peddlers, solicitors, and transient
merchants have used public streets and their direct contact with residents of the City for the
illegitimate solicitation practices of harassment, nuisance, theft, deceit, or menacing, troublesome or
unlawful activities. This Section is intended to ferret out and control: (1) businesses and
organizations using solicitation as a means of concealing unlawful activities; and, (2) businesses
and organizations which, though its activities be lawful or even commendable, use such illegitimate
practices in solicitation; and, (3) individual natural persons who, though they represent lawful
businesses and organizations, use such illegitimate solicitation practices. The Council further finds
that a large number of the residents of the City are employed as their livelihood and means of
support by manufacturing plants and other businesses on shifts rotating between night and day, and
to disturb them during their sleeping hours for the purpose of solicitation is a source of nuisance or
even harassment and should be subject to control. To protect the public’s health, safety, and
welfare, the City deems it necessary to regulate these practices through a registration process.
4-4-2: DEFINITIONS:
The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
CANVASSER: Any person canvassing for funds door to door in the City on behalf of a charitable,
religious or nonprofit organization as defined in internal revenue service code section 501(c)(3).
NON-COMMERICAL DOOR-TO-DOOR ADVOCATE:A person who goes door-to-door for the
primary purpose of disseminating religious, political, social, or other ideological beliefs. For
purpose of this ordinance, the term door-to-door advocate shall fall under the term solicitor and
include door-to-door canvassing and pamphleteering intended for non-commercial purposes.
PEDDLER: A person who goes from house-to-house, door-to-door, business-to-business, street-to-
street, or any other type of place-to-place movement, for the purpose of offering for sale, displaying
for exposing for sale, selling or attempting to sell, and delivering immediately upon sale, the goods,
wares, products, merchandise, or other personnel property that the person is carrying or otherwise
transporting. For purpose of this ordinance, the term peddler shall have the same common meaning
as the term hawker.
SOLICITOR: A person who goes from house-to-house, door-to-door, business-to-business, street-
to-street, or any other type of place-to-place movement, for the purpose of obtaining or attempting
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City of Albertville
Ordinance No. 2021-05
Meeting of March 15, 2021
Page 2
to obtain orders for goods, wares, products, merchandise, other personal property, or services of
which he or she may be carrying or transporting samples, or that may be described in a catalog or
by other means, and for which delivery or performance shall occur at a later time. The absence of
samples or catalogs shall not remove a person from the scope of this provision if the actual purpose
of the person’s activity is to obtain or attempt to obtain orders as discussed above. For purposes of
this ordinance, the term solicitor shall have the same meaning as the term canvasser.
TRANSIENT MERCHANT: Any person, whether as principal, employee or agent, who engages in,
does, or transacts any temporary or transient business in the City, either in one locality or traveling
from place to place in the City selling goods, wares, and merchandise, and who, for the purpose of
carrying on such business, hires, leases, occupies or uses a building, structure, vehicle, property, or
other place for the exhibition and sale of such goods, wares, and merchandise. (Ord. 2014-02, 2-18-
2014)
4-4-3: LICENSING REQUIREMENTS:
A. License Required; Separate Licenses: It shall be unlawful for any person to engage in the
activity of peddling, soliciting, or transient selling without first having obtained a license in
compliance with the provisions of this section. A separate license shall be secured for each
individual person engaged as a peddler, solicitor or transient merchant.
B. Application For License: The application for the license provided for in this section shall be
made to the City Clerk by filing the license fee and by completing an application form as
provided by the City Clerk. In addition to such information as the City Clerk may require, the
application shall include:
1. The name and date of birth of the applicant and the name of the business that the applicant
is associated with.
2. The permanent home address and full local address of the applicant, and the permanent
and local telephone numbers of the applicant.
3. A brief written description of the nature of the business, the goods to be sold, and the
applicant's method of operation.
4. If employed, the name and address of the applicant’s employer, together with credentials
establishing the exact relationship.
5. The length of time during which the applicant intends to do business in the city, with the
approximate dates.
6. The place where the goods or property proposed to be sold, or orders taken for the sale
thereof, are manufactured or produced, where such goods or products are located at the
time the application is filed, and the proposed method of delivery.
7. A government issued form of identification which includes a photograph of the applicant.
8. A statement as to whether or not the applicant has been convicted within the last five (5)
years of any felony, gross misdemeanor or misdemeanor for violating any state, federal
statute or any local ordinance, other than minor traffic offenses. The City shall conduct a
background check including, but not limited to, a criminal history on all individuals listed
on the permit to verify the statement.
9. If a vehicle is to be used, a description of the vehicle, together with the license number or
other means of identification.
10. A general description of the items to be sold or services to be provided.
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City of Albertville
Ordinance No. 2021-05
Meeting of March 15, 2021
Page 3
11. For transient merchants, the addresses of all places where the business is to be located,
along with written permission of the property owner or the property owner’s agent for any
location to be used by the transient merchant, along with a site plan of the premises upon
which they will be conducting business. (Ord. 2004-14)
12. Any and all additional information as may be deemed necessary by the City Council.
C. License Fee: The license fee for engaging in a transient business, peddling, or soliciting,
established in section 3-1-3 of this code, shall be paid at the time of application for a license.
D. Restrictions On Issuance To Transient Merchants:
1. Off Street Parking Required: No license for a transient merchant shall be issued for sales
from any location which does not have sufficient parking for customers and for areas
where customer parking would interfere with normal traffic flow. The zoning
administrator must determine that there is adequate off-street parking to serve both the
principal use of the property and the transient merchant use of the property.
2. Location Near Intersection: No transient merchant license shall be issued, and no sales
shall take place, if the proposed location for transient merchant sales is within one hundred
fifty feet (150') of any intersection.
3. Duration Of Sales: No transient merchant license shall be issued for more than one
hundred eighty (180) days, during which time period sales shall be limited to no more than
thirty (30) days. At the time of the application for the transient merchant license, the
applicant shall state the times within the license period to be used by the applicant.
E. Unlawful Use Of License: No license issued under the provisions of this section shall be used
at any time by any person other than the one to whom it is issued. No permit issued under this
section shall be transferred to any other person or entity. (Ord. 2004-14)
F. Time of Issuance: A decision on the license will be made within the later of 1) ten business
days from receipt of completed application, or 2) five business days after return of background
check results unless grounds exist under this section for immediately denying the permit. In
the case of a denial the City shall notify the applicant in writing that his/her application is
denied, the reason for denial, and that the applicant has the right to appeal the denial as set
forth below. Notice shall be delivered in person or by mail to the permanent residential
address listed on the permit application, or if no residential address is listed, to the business
address provided on the permit application.
G. Grounds for Denial: The following shall be grounds for denying a permit:
1. The applicant has failed to truthfully provide any of the information requested by theCity
as part of the application or failed to pay the permit fee.
2. Conviction of any crime or crimes directly related to carrying on business as a peddler,
solicitor or transient merchant as provided in Minn. Stat. § 364.03, Subd. 2, as it may be
amended from time to time, where the applicant has not shown competent evidence of
sufficient rehabilitation and present fitness to perform the duties and responsibilities as
provided in Minn. Stat. § 364.03, Subd. 3, as it may be amended from time to time. Crimes
that are considered to be directly related to the business of peddlers, solicitors and
transient merchants include but are not limited to crimes involving assault, criminal sexual
conduct, burglary, robbery, fraud, theft murder, manslaughter, rape, child abuse, incest,
kidnapping, arson, blackmail, embezzlement, extortion, forgery or larceny.
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City of Albertville
Ordinance No. 2021-05
Meeting of March 15, 2021
Page 4
3. The revocation of any permit issued to the applicant for the purpose of conducting business
as a peddler, solicitor or transient merchant within the past five years.
4. The applicant is determined to have a bad business reputation. Evidence of a bad business
reputation shall include, but is not limited to, the existence of substantiated complaints
against the applicant with the Better Business Bureau, the Attorney General’s office, or
other similar business or consumer rights office or agency, within the preceding 12
months; a rating of C or less with the Better Business Bureau or other similar business or
consumer rights office or agency; or the existence of substantiated complaints against the
applicant with the City or with any other jurisdiction where the applicant performed permit
activities within the preceding 3 years.
5. Failure to follow all Federal, State and Local laws, rules and regulations related to permit
activities.
6. If the permit activities are to be performed on another person’s behalf, the person on
whose behalf the permit activities are to be performed would be disqualified under any of
the above.
H. Appeal of Denial of License: Any person to whom the City refuses to issue a license may
appeal such decision to the City Council by requesting, in writing, to have the decision
reviewed by the City Council at the next regularly scheduled City Council meeting. Any
person whose license is denied by the City Council under this section shall have the right to
appeal that decision in court.
4-4-4: PROHIBITED HOURS:
No business solicitation is permitted between the hours of 8 p.m. to 8 a.m.
4-4-5: PROHIBITED PRACTICES GENERALLY:
No peddler, solicitor, transient merchant or other person engaged in other similar activities shall
conduct business in any of the following manner:
A. Calling attention to his or her business or the items to be sold by means of blowing any horn
or whistle, ringing any bell, crying out, or by any other noise, so as to be unreasonably audible
within an enclosed structure.
B. Obstructing the free flow of traffic, either vehicular or pedestrian, on any street, sidewalk,
alleyway, or other public right-of-way.
C. Conducting business in a way as to create a threat to the health, safety, and welfare of any
specific individual or the general public.
D. Conducting business before 8 a.m. or after 8 p.m.
E. Failing to provide proof of license, or registration, and identification when requested.
F. Using the license or registration of another person.
G. Alleging false or misleading statements about the products or services being sold, including
untrue statements of endorsement. No peddler, solicitor, or transient merchant shall claim to
have the endorsement of the City solely based on the City having issued a license or certificate
of registration to that person.
H. Remaining on the property of another when requested to leave.
I. Otherwise operating their business in any manner that a reasonable person would find
obscene, threatening, intimidating or abusive.
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City of Albertville
Ordinance No. 2021-05
Meeting of March 15, 2021
Page 5
J. It is unlawful for any person to engage in business solicitation without first obtaining a license
therefor as provided in this section.
K. It is unlawful to violate any conditions placed upon a business solicitation license by the
Council. (Ord. 2004-14)
4-4-6: ADDITIONAL RESTRICTIONS FOR TRANSIENT MERCHANTS:
A. Operation On Public Property: It shall be unlawful for any transient merchant to sell or offer
for sale any goods, wares, or merchandise on any public lands or public right of way within
the City unless such sale is specifically authorized by the City Council.
B. Operation On Private Property: No transient merchant shall sell or offer for sale any goods,
wares, or merchandise within the City from a stationary location on private property at any
location where such sales would not be permitted by the zoning ordinance, or without first
obtaining the written consent of the property owner or occupant. The written consent must
accompany the license application.
C. Space For Off Street Parking And Display Of Merchandise: The space used by the transient
merchant, including off street parking in connection therewith, shall not use the space needed
for the existing business at the site as set forth in the City’s Zoning Ordinance, and in any
case, the merchandise displayed shall not occupy more than one hundred (100) square feet.
D. Overnight Storage: No outdoor overnight storage of transient merchant equipment or
merchandise shall be permitted.
E. Signs: No signage shall violate the provisions of this code relating to size and number of
1
business signs. (Ord. 2004-14)
4-4-7: NOISY CONDITIONS PROHIBITED:
No license holder under this chapter, or any person in his behalf, shall shout, blow a horn, ring a
bell or use any sound devices upon any of the streets, alleys, parks, or other public places of the
City or upon any private premises in the City. (Ord. 2004-14)
4-4-8: UNINVITED PEDDLING, SOLICITING AND CANVASSING:
Any resident of the City who wishes to exclude peddlers, canvassers or solicitors from premises
occupied by the resident may place upon or near the usual entrance to such premises a printed
placard or sign bearing the following notice: "Peddlers and Solicitors Prohibited". No peddler,
canvasser or solicitor shall enter in or upon any premises, or attempt to enter in or upon any
premises, where such a placard or sign is placed and maintained. Violation of this section shall
result in the revocation of a duly issued license. (Ord. 2004-14)
4-4-9: DUTIES OF POLICE:
It shall be the duty of any police officer of the City to require any person seen peddling or engaging
in like activities, and who is not known to such officer to be duly licensed, to produce his license
and to enforce the provisions of this chapter against any person when in violation of this chapter.
(Ord. 2004-14)
4-4-10: SUSPENSION AND REVOCATION OF LICENSE:
A. Generally. Any license issued under this section may be suspended or revoked at the
discretion of the City Council for violation of any of the following:
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City of Albertville
Ordinance No. 2021-05
Meeting of March 15, 2021
Page 6
1. Subsequent knowledge by the City of fraud, misrepresentation or incorrect statements
provided by an applicant on the application form.
2. Fraud, misrepresentation or false statements made during the course of the licensed
activity.
3. Subsequent conviction of any offense to which the granting of the license could have been
denied under Section 4-4-3.
4. Engaging in any prohibited activity as provided under Section 4-4-5 of this section.
5. Violation of any other provision of this section.
B. Multiple persons under one license. The suspension or revocation of any license issued for the
purpose of authorizing multiple persons to conduct business as peddlers or transient merchants
on behalf of the licensee shall serve as a suspension or revocation of each authorized person’s
authority to conduct business as a peddler or transient merchant on behalf of the licensee
whose license is suspended or revoked.
C. Notice. Prior to revoking or suspending any license issued under this section, the City shall
provide a license holder with written notice of the alleged violations and inform the licensee
of his or her right to a hearing on the alleged violation. Notice shall be delivered in person or
by mail to the permanent residential address listed on the license application, of if no
residential address is listed, to the business address provided on the license application.
D. Public Hearing. Upon receiving the notice provided in part (C) of 4-4-10, the licensee shall
have the right to request a public hearing. If no request for a hearing is received by the City
clerk within ten (10) days following the service of the notice, the City may proceed with the
suspension or revocation. For the purpose of a mailed notice, service shall be considered
complete as of the date the notice is placed in the mail. If a public hearing is requested within
the stated time frame, a hearing shall be scheduled within twenty (20) days from the date of
the request for the public hearing. Within three (3) regular business days of the hearing, the
City Council shall notify the licensee of its decision.
E. Emergency. If, in the discretion of the City Council, imminent harm to the health or safety of
the public may occur because of the actions of a peddler or transient merchant licensed under
this ordinance, the City Council may immediately suspend the person’s license and provide
notice of the right to hold a subsequent public hearing as prescribed in part (C) of this 4-4-10.
F. Appeal. Any person whose license is suspended or revoked under this section shall have the
right to appeal that decision in court.
4-4-11: EXEMPTIONS FROM PROVISIONS:
A. The permit requirement in this Section does not apply to merchants or their employees
delivering goods in the regular course of business; to persons who distribute printed material
but who do not make personal contact with the resident thereon; to the daily delivery of
newspapers; solicitation of orders for future door delivery of newspapers; to the sale at
wholesale to a retailer; to the delivery of perishable food or dairy products to customers on an
established delivery route; or to activities associated with the exercise of a person’s
constitutional rights (freedom of press, speech, religion and the like) providing that no
merchandise is concurrently offered for sale.
B. The permit requirement in this Section does not apply to peddlers or solicitors who are 17
years of age or younger, who are engaged in permit activities on behalf of a public school or
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Ordinance No. 2021-05
Meeting of March 15, 2021
Page 7
private school, philanthropic organization, or community organization, which private school,
philanthropic organization or community organization or its parent organization is on file with
the Minnesota Secretary of State as a Minnesota domestic or a foreign business organization
or has filed an assumed name, where the proceeds of the sales are mainly devoted to the
benefit of the children engaged in the permit activities.
C. The permit requirement in this Section does not apply to non-commercial door-to-door
advocates. This exemption will not apply if the person’s exercise of constitutional rights is
merely incidental to a commercial activity.
D. The permit requirement in this Sectiondoes not apply to the following activities: the sale of
farm or garden products upon property in which the products were grown; any sale under
court order; garage sales, rummage sales, estate sales conducted on the seller’s property; or
any sale conducted by a properly licensed auctioneer. The number of the occasions per
property shall be limited to three per year, and the duration of each occasion shall be limited to
four days.
E. The permit requirement in this Section does not apply to a solicitor or canvasser doing
business by appointment. A bona fide appointment is one that is not merely obtained by going
door to door in conjunction with the taking of orders, offering for sale or selling.
F. The permit requirement in this Section does not apply to vendors invited to city approved
events related to: Friendly City Days, a farmers' market within a City park, Girl Scouts, Boy
Scouts, Albertville Fire Department, and any other community event or fundraisers the City
Council deems exempt. (Ord. 2014-02, 2-18-2014)
4-4-12: MISDEMEANOR VIOLATION; PENALTY:
Every person violates a provision of this chapter when such person performs an act thereby
prohibited or declared unlawful, or fails to act when such failure is thereby prohibited or declared
unlawful, and upon conviction thereof, shall be punished as for a misdemeanor, except as otherwise
stated in specific provision hereof, or upon conviction thereof, shall be punished as a misdemeanor
as provided in section 1-4-1 of this code. (Ord. 2017-01, 1-3-2017)
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Adopted by the City Council of the City of Albertville this 15 day of March, 2021.
_____________________________________
Jillian Hendrickson, Mayor
ATTEST:
__________________________
Kristine A. Luedke, City Clerk
Agenda Page 50
51
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
SUMMARY ORDINANCE NO. 2021-05
AN ORDINANCE MODIFYING TITLE 4, CHAPTER 4 OF THE ALBERTVILLE CITY
CODE RELATING TO PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS
On March 15, 2021, the City Council of the City of Albertville adopted Ordinance No. 2021-05
entitled “An Ordinance Modifying Title 4, Chapter 4 of the Albertville City Code relating to
Peddlers, Solicitors and Transient Merchants”. The full text of the ordinance is available for
inspection during regular office hours at the office of the City Clerk in the Albertville City Hall.
Below is a summary of the ordinance:
4-4-1: PURPOSE: Sets forth the purpose of the ordinance, which is to regulate solicitors,
peddlers and transient merchants.
4-4-2: DEFINITIONS: Sets forth the definitions used in the ordinance.
4-4-3: LICENSING REQUIREMENTS: Requires licenses for any person to engage in the
activity of peddling, soliciting, or transient selling in the City of Albertville and sets forth the
procedures to apply for a license.
4-4-4: PROHIBITED HOURS: No business solicitation is permitted between the hours of eight
o'clock (8:00) P.M. to eight o'clock (8:00) A.M.
4-4-5: PROHIBITED PRACTICES GENERALLY: Sets forth a general list of prohibited
practices applicable to peddlers, solicitors and transient merchants.
4-4-6: ADDITIONAL RESTRICTIONS FOR TRANSIENT MERCHANTS: Prohibits the sale
of merchandise on any public lands or public rights of way unless specifically authorized by the
City Council and requires permission of private property owners to operate from a stationary
location on private property, among other restrictions.
4-4-7: NOISY CONDITIONS PROHIBITED: Prohibits the use of sound devices on the streets,
alleys, parks, or other public places of the city or upon any private premises in the city as part of
peddling, soliciting or transient merchant activity.
4-4-8: UNINVITED PEDDLING, SOLICITING AND CANVASSING: Prohibits peddlers,
canvassers or solicitors from entering in or upon any premises which contains a placard stating
“Peddlers and Solicitors Prohibited.”
4-4-9: DUTIES OF POLICE: Authorizes the Sheriff’s office to enforce this ordinance.
4-4-10: SUSPENSION AND REVOCATION OF LICENSE: Provides for the suspension or
revocation of a license issued under this ordinance for specified violations of the ordinance.
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City of Albertville
Summary Ordinance No. 2021-05
Meeting of March 15, 2021
Page 2
4-4-11: EXEMPTIONS FROM PROVISIONS: Provides activities and persons which are exempt
from this ordinance.
4-4-12: MISDEMEANOR VIOLATION; PENALTY: Violation of this ordinance is a
misdemeanor punishable as provided in section 1-4-1 of the City Code.
Section 2. This ordinance shall be effective upon its passage and publication according to law.
th
Adopted by the City Council of the City of Albertville this 15
day of March, 2021.
ATTEST:
Kristine A. Luedke
Albertville City Clerk
Published in the Crow River News: March 25, 2021
Agenda Page 52
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City Administrator’s Update
March 11, 2021
GENERAL ADMINISTRATION
Delinquent Water Bills: As of March 11, 2021, the City of Albertville has 131 delinquent water
utility accounts. The City normally does shut off notices quarterly but has not done so since
February 2020 due to the peacetime emergency. Currently, under the executive orders the
league continues to recommend avoiding residential water and sewer shut-offs. Staff will
continue to monitor and resume normal delinquent procedures when allowed
Waived Liquor License Fees for On-Sale Establishments: In December 2020, Council approved
waiving the 2021-2022 liquor license fees for the current on-sale liquor establishments. In the
past weeks, the liquor license establishments have begun submitting their license renewal
applications to the City. Many of on-sale licensees have asked staff to pass on their appreciation
to the City Council for waiving the 2021-2022 liquor license fees.
Fehn Companies TIF: Included on the consent is a resolution setting a public hearing in May for
a proposed redevelopment TIF. As part of the creation of the District, the previously approved
plat and CUP will need to be revised to meet city code. In general, the TIF District will require
modifications to the plat, which will require the proposed land use/project to be approved as a
PUD rather than a CUP. Staff is working with Fehn Companies on the revisions and expects to
bring the revised plat and PUD to the Planning Commission in April and City Council in May.
ISD 885 Funding: STMA Schools recently published information on the budget shortfalls the
District is experiencing and also announced that it would be assembling a steering committee
to discuss a potential operating referendum and have asked the two cities to participate. The
committee will have a kick-off meeting in April.
Joint Governance Meeting: The next Joint Governance Meeting is scheduled for 6 pm on March
29, 2021. The cities have asked the District to determine if it is necessary to meet this quarter.
American Rescue Plan Act: The recently passed act includes $65 billion in recovery funds cities.
Albertville’s share is estimated to be $860,000. In the coming weeks, we will learn more about
the timing of the funding and potential uses for the funds.
Central Park Plans: The Park Committee is reviewing options and costs for internal trails and
parking improvements at Central Park.
Building Official/Inspection Services: Staff is working on amendments to the existing contract
to extend service with St. Michael, which will be presented to the Council soon.
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Watermark Concept Plan: It is our understanding the Developer intends to make formal
application this winter. As such, staff has been discussing options for JPWB to purchase land
adjacent to the JPWB property to allow for future expansion.
Advanced Volumetric Alliance: The DEED applications have been signed and we anticipate the
Development group will be submitted revised plans for final review soon.
ENGINEERING/PUBLIC WORKS
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MacIver Avenue NE: MacIver Avenue NE, between 63 Street NE and 70 Street NE, is a shared
segment of road with Otsego. Otsego is planning to microsurface the segment as part of a
larger annual maintenance project. Otsego has advertised and bid the project, and the low bid
was submitted by Asphalt Services Technologies Corp., in the amount of $343,630. Albertville’s
share is approximately $35,440. This project is included on the City’s CIP and is well within the
amount budgeted. Otsego has approved and if Albertville agrees, I anticipate the work will take
place in July or August.
2021 Street Project: Plans and spec for the 2021 Albertville overlay project are complete and
out for bid. A bid opening has been set for April 14 and bids will be presented at the April 19
Council meeting. The Engineer’s Estimate for the project is $835,000.
Local Road Improvement Program:The grant application has been submitted and awards are
expected in May.
Skate Park: The Skate Park contract has been finalized and we expect construction to
commence mid-May. We anticipate a 5 to 7 week build period and plan open the skate park
mid-July.
BNSF Quiet Zone: Staff will be meeting again with BNSF and Wright County to discuss
improvements necessary for a Quite Zone. At a recent meeting, it was said that the city would
need to install gates, lights, and medians at all of the five (5) crossings in town.
City Administrator’s Update Page 2 of 2 March 11, 2021
Agenda Page 54