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2021-04-05 City Council Agenda PacketCity of Albertville Council Agenda Monday, April 5, 2021 City Council Chambers 7 pm 6:15 pm – Local Board of Appeal and Equalization 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/92138452467?pwd=K2ZSUWIvU0tmRC96TzE4d2dFeld4UT09 Zoom Meeting ID: 921 3845 2467 Passcode: 012026 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 A.Former Commissioner Potter B.City Employee Years of Service Recognitions Ryan Zachman (15 years) Mike Jenkins (20 years) 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 15, 2021,regular City Council Meeting minutes as presented.3-6 B.Approve the March 29, 2021, Joint Governance Meeting minutes as presented.7 C.Authorize the Monday, April 5, 2021, payment of claims as presented, except bills8 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. D.Approve Lawful Gambling Exempt Permit for Chad Smith Ride for Life to be held at The9-11 152 Club on June 19, 2021. E.Authorize purchase of software and installation assistance from Marco to increase security12-17 not to exceed $6,130. F.Receive the Monthly Accounts Receivable Report through March 31, 2021.18-19 st G.Accept 1 Quarter Budget to Actual Report - Un-Audited20-22 City of Albertville City Council Agenda Monday, April 5, 2021 Page 2 of 2 6.Consent Agenda-continued H.Approve Amendment to the Cooperative Service Agreement with the City of St. Michael23-24 for Building Inspection Services. 7.Public Hearing -None 8.Wright County Sheriff’s Office -Updates, reports, etc. 9.Department Business A.City Council 1.Committee Updates (STMA Arena, Planning, JPWB, Parks, Fire Board, FYCC, etc) B.Building -None C.City Clerk 1.Set Workshop for Planning Commission Interviews for 6 pm on Monday, April 19, 2021 (Motion to set a City Council Workshop for Planning Commission Interviews for 6 pm on Monday, April 19, 2021.) D.Finance -None E.Fire - None F.Planning and Zoning - None 1.Golf Cart Use on City Streets 25-29 (Motion to adopt Ordinance No. 2021-06 amending the City Code, Title 7 Motor Vehicles And Traffic, Chapter 3: Snowmobiles and Recreational Vehicles allowing golf carts to travel on public streets in the City of Albertville and approving summary Ordinance for publication.) 2.Albertville Thrift Store Study Discussion 30-49 G.Public Works/Engineering - None H.Legal - None I.Administration 1.City Administrator’s Update 50-51 10.Announcements and/or Upcoming Meetings April 12 STMA Arena Board, 6 pm April 13 Planning Commission, 7 pm April 19 City Council, 7 pm April 26 Joint Powers Water Board, 6 pm Parks Committee, 7 pm May 3 City Council, 7 pm 11.Adjournment ALBERTVILLE CITY COUNCIL DRAFT REGULAR MEETING MINUTES March 15, 2021 – 7 pm Council Chambers Albertville City Hall 1.Call to Order Acting Mayor Olson called the meeting to order at 7:01 pm. 2.Pledge of Allegiance – Roll Call Present:Acting Mayor Olson, Councilmembers Cocking, Hudson and Zagorski Absent: Mayor Hendrickson Staff Present: City Administrator-PWD Nafstad, City Attorney Couri, City Planner Brixius, Fire Chief Bullen and City Clerk Luedke. 3.Recognitions – Presentations – Introductions – none 4.Public Forum There was no one present for the public forum. 5.Amendments to the Agenda MOTION made by Councilmember Cocking, seconded by Councilmember Zagorski to approve the March 15, 2021, agenda as submitted. Ayes: Cocking, Hudson, Olson and Zagorski. Nays: None. Absent: Hendrickson. 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 March 1, 2021, regular City Council Meeting minutes as presented. B.Authorize the Monday, March 15, 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. C.Approve the renewal of the respective liquor licenses for the applicants listed below for the license period of April 15, 2021 through April 14, 2022, contingent upon successful Wright County Sheriff’s Department review for liquor law violations. Off-Sale: Coborn’s Liquor and Westside Liquor. Off-Sale 3.2 Malt Liquor: Coborn’s Grocery, Kwik Trip and Speedway. On-Sale and Sunday Sale/Off-Sale: 152 Club, D. Michael B’s, Geez Sports Bar & Grill, Neighbor’s Saloon & Eatery and Villa Bar & Grill. On-Sale and Sunday:Cedar Creek Bar & Grill, Space Aliens Grill & Bar and Willy McCoy’s. Wine On-Sale(including strong beer) and 3.2 Malt Liquor: El Bamba, Hong Thai and The Hen and The Hog. Agenda Page 3 City Council Meeting Draft Minutes Page 2 Regular Meeting of March 15, 2021 6.Consent Agenda - continued D.Adopt Resolution No. 2021-014 approving a new Lawful Gambling Premises Permit for 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 Capital Improvement Fund for Economic Development. F.Adopt Resolution No. 2021-016 setting the Recycling Fees for the June 2021 through May 2026 period. G.Adopt Resolution No. 2021-017 calling for a Public Hearing for May 3, 2021, 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. MOTION made by Councilmember Hudson, seconded by Councilmember Zagorski to approve the March 15, 2021, Consent Agenda as submitted. Ayes: Cocking, Hudson, Olson and Zagorski. Nays: None. Absent: Hendrickson. The motion carried. 7.Public Hearing – None 8.Wright County Sheriff’s Office – Updates, reports, etc. There were no updates from Wright County Sheriff’s Office. 9.Department Business A.City Council 1.Committee Updates (STMA Ice Arena, Planning, JPWB, Parks, Fire Board, FYCC) Councilmember Zagorski provided an update from the Planning Commission meeting and noted the Commission is willing to meet with the Council on regular basis to discuss the City’s visions for specific land use and zoning areas. The Council discussed the request and the consensus was to set up a workshop with the Planning Commissioner to discuss possible land uses for specific zoning areas as needed. ouncilmember Hudson provided an update from the STMA Arena Board meeting and said the Board C membersreviewed the draft 2021 budget. B.Building – None C.City Clerk – None D.Finance – None E.Fire – None F.Planning and Zoning 1.Golf Carts and ATV Use on City Street Discussion City Planner Brixius presented the staff report and said staff would like direction from Council as to whether golf carts should be allowed to travel on public streetswithin the City. He said if Council would like to allow it, an ordinance would need to be adopted. He answered questions from Council. Agenda Page 4 City Council Meeting Draft Minutes Page 3 Regular Meeting of March 15, 2021 1.Golf Carts and ATV Use on City Street Discussion – continued The Wright County Sheriff’s deputy present answered questions from Council. City Attorney Couri answered questions from Council. There was Council discussion regarding golf carts on City streets and the consensus was to bring back a draft ordinance to allow golf carts on public street if the golf carts adhered to certain conditions. G.Public Works/Engineering – None H.Legal 1.Adopt Modifications to Solicitation and Mobile Food Truck Ordinances City Attorney Couri presented the staff report which included background information on the proposed ordinance amendments. He said the proposed peddler/solicitor ordinance changes would bring the City’s ordinance more in line with current laws. He answered questions from Council. There was Council discussion regarding the proposed amendments to the peddler and solicitor ordinance. MOTION made by Councilmember Cocking, seconded by Councilmember Hudson 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. Ayes: Cocking, Hudson, Olson and Zagorski. Nays: None. Absent: Hendrickson. The motion carried. MOTION made by Councilmember Hudson, seconded by Councilmember Zagorski 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. Ayes: Cocking, Hudson, Olson and Zagorski. Nays: None. Absent: Hendrickson. The motion carried. I.Administration 1.City Administrator’s Update City Administrator Nafstad provided information on the upcoming Joint Governance Meeting scheduled for March 29, 2021. There was Council discussion regarding the upcoming joint meeting and the steering committee which was assembled to discuss the potential operating referendum in the fall. 2.2021 Friendly City Day’s Discussion City Administrator Nafstadsaid the Friendly City Day’s Festival committee would like Council’s direction regarding if Friendly City Day’s should be held this year. Mr. Nafstad provided information on the updated Governor’s executive orders and said per the order and the Stay Safe website, the event could be allowed. He said the Committee said if the festival was held this year, there would be COVID related modifications. City Attorney Couri and Fire Chief Bullen answered questions from the Council. There was Council discussion regarding the 2021 Friendly City’s Day festival and the consensus was if the festival could be held within the Governor’s executive orders that the Committee could go ahead with it provided COVID guidelines were followed. Agenda Page 5 City Council Meeting Draft Minutes Page 4 Regular Meeting of March 15, 2021 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 2.Adjournment MOTION made by Councilmember Cocking, second by Councilmember Hudson to adjourn the meeting at 7:56 pm. Ayes: Cocking, Hudson, Olson and Zagorski. Nays: None. Absent: Hendrickson. The motion carried. R espectfully submitted, _____________________________ Kristine A. Luedke, City Clerk Agenda Page 6 ST. MICHAEL – ALBERTVILLE SCHOOL DISTRICT 885 CITIES OF ALBERTVILLE AND ST. MICHAEL MARCH 29, 2021 – JOINT SPECIAL MEETING The STMASchool Board met in a joint session with officials from the cities of Albertville and St. Michael on Monday, March 29, 2021, at 6:00 p.m. at the St. Michael City Center. STMA School Board Members Present: Chairperson Drew Scherber; Board Members: Kari Dwinnell, Tim Lewis, Hollee Saville, Larry Sorensen, and Carol Steffens; Superintendent Dr. Ann-Marie Foucault and Director of Business Services Kris Crocker. City of Albertville Present: Mayor: Jillian Hendrickson; Councilors Walter Hudson, Rob Olson and Bob Zagorski; and City Administrator Adam Nafstad. City of St. Michael Present: Mayor Keith Wettschreck; Councilors: Ryan Gleason, Joe Hagerty, Tom Hamilton and Nadine Schoen; City Administrator Steve Bot, Community Development Director Marc Weigle and Deputy Clerk Amy Woitalla. The meeting was called to order at 6:00 p.m. St. Michael Mayor Wettschreck asked to have everyone tell a little about themselves during introductions.St. Michael Councilors Hagerty/Gleason moved to set the agenda as amended. All voted aye. Introductions Each person present introduced themselves and such things as how they got to their position, how long they have been in the community and if they have children in the STMA School District. Financial Update, Potential Fall 2021 Operating Referendum, Legislative Advocacy Superintendent Foucault provided a financial updateand explained the budget needed to be revised due to student enrollment being down as well as reduced rentals and activity fees due to COVID. She explained steps to mitigate revenue loss and generate revenue such as a spending freeze and the possibility of online expansion and open enrollment transportation options. She went on to say there are several bills that will be heard during this legislative session that may affect current and future budgets if passed. Director Crocker said the School Board approved creating a Steering Team to discuss the possibility of an operating referendum in November 2021. They will be exploring many different possibilities and a decision will be made in August if moving forward with a referendum. There was some discussion regarding the funding disparities for school districts for both state and federal funding. An Operating Referendum webpage has been created and everyone was encouraged to visit the page and help spread the word. Other Updates No one had any updates to report. th It was noted the next joint meeting is scheduled for Monday, August 30, 2021 at 6:00 p.m. – Potential Operating referendum and Development Update Topics. School Board Member Scherber/St. Michael City Councilor Schoen moved to adjourn at 6:57 p.m. All voted aye. Attest: _________________________________________ Mayor Keith Wettschreck Agenda Page 7 Mayor and Council Request for Action April 5, 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, April 5, 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 8 Mayor and Council Request for Action April 5, 2021 SUBJECT: C ONSENT -C ITY C LERK –C HAD S MITH R IDE FOR L IFE L AWFUL G AMBLING P ERMIT RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Approve the Chad Smith Ride for Life Lawful Gambling Exempt Permit Application for their event to be held at The 152 Club located at 5794 Main Avenue NE on June 19, 2021. BACKGROUND: The Chad Smith Ride for Life organization has submitted a lawful gambling permit for their event to be held at The 152 Club in Albertville. The organization is a non-profit which provides financial support to families inflicted with the struggles of cancer. Approval of their application will allow them to conduct lawful gambling at The 152 Club on June 19, 2021. KEY ISSUES: th The 13 Annual Chad Smith Ride for Life Poker Run will be held at The 152 Club on June 19, 2021. The Chad Smith Ride for Life organization is a qualifying non-profit organization which provides financial support to families with cancer struggles. The Minnesota Gambling Control Board ultimately issues this type of license, but requires City approval prior to issuing the license. FINANCIAL CONSIDERATIONS: There is no financial revenue collected from the applicant for the gambling permit. LEGAL CONSIDERATIONS: It is the City’s policy to review and approve or deny gambling permit applications for gambling activity within the City. Responsible Person/Department: Kris Luedke, City Clerk Submitted through: Adam Nafstad, City Administrator-PWD Attachments: LG220 Application for Lawful Gambling Permit Agenda Page 9 Agenda Page 10 Agenda Page 11 Mayor and Council Request for Action April 5, 2021 SUBJECT: F INANCE –CONSENT -P URCHASE U PGRADE S ERVER/CLIENT SECURITY RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Authorize purchase of software and installation assistance from Marco to increase security for $6,130, and $100 monthly fee. BACKGROUND: In August of 2020, with the increased internet activity and remote working, staff started looking into updating and increasing our security on the server and the workstations hoping to implement it in the fall of 2021. Staff has been working with Marco on our best options for detection, containment and investigation tools. On March 2, 2021, staff requested Marco to review our security due to the Microsoft updates. On March 4, 2021, the League of Minnesota Cities notified members of a possible breach opening with Microsoft exchange server updates. Staff forwarded this to Marco to add to the review. Marco was requested to check for indicators of compromise and install patch fixes. Marco completed the work under our Managed IT contract and found that there was a hit on one of the four indicators. We don’t believe, from our investigation, that our system was compromised. The indicator was an auto dial that hit our IP address and our server did reply back to it. These types of indicators are the first step in an attack chain. We did send the report to the League of Minnesota Insurance as a claim in case they would like to pursue a forensic investigation. As of March 29, 2021, the League of Minnesota Insurance Trust has determined no forensic investigation or claim needs to move forward at this time. Since there are increasing numbers of reports of successful compromises and the City server did have one indicator, staff is recommending the added server and workstation security. The cost of the software and install is $6,130. Additionally, there would be a monthly fee for licensing and monitoring which would be added into our current agreement with Marco at an additional cost of $100 per month. Staff plans to assist in the install to keep the cost down but will need professional assistance for the project. Once the process begins it will take 8-10 weeks to complete, and the monthly licensing fee will not be charged until the project is complete. Attached is a quote from Marco. FINANCIAL CONSIDERATIONS: Funding would come from the General Fund. Responsible Person/Department: Tina Lannes, Finance Director Submitted Through: Adam Nafstad, City Administrator/PWD Attachments: Marco Quote Agenda Page 12 Agenda Page 13 Agenda Page 14 Agenda Page 15 Agenda Page 16 Agenda Page 17 Mayor and Council Communication April 5, 2021 SUBJECT: C ONSENT - F INANCE – A CCOUNTS R ECEIVABLE R EPORT S RECEIVABLE: Total accounts receivable outstanding through March 30, 2021 ACCOUNT is $79,782.15. The percentage of the total due based on the aging report is as follows: 0-30 days outstanding $57,507.77 72.08% 30-60 days outstanding $ 7,647.27 9.59% 60-90 days outstanding $ 928.08 1.16 % Over 90 days outstanding $13,699.03 17.17% PRACTICES/POLICY CONSIDERATIONS: The Mayor and Council review quarterly financial reports. FINANCIAL CONSIDERATIONS: There are no financial considerations at this time. LEGAL CONSIDERATIONS: The Mayor and Council have the authority to review and direct staff to act regarding all financial matters. Responsible Person/Department: Tina Lannes, Finance Director Submitted Through: Adam Nafstad, City Administrator-PWD Attachment(s): Accounts Receivable Report Agenda Page 18 Mayor and Council Communication – April 5, 2021 Finance – Accounts Receivable Report Page 2 of 2 90 days & Vendor Amount Due 0-30 Days 30-60 days 60-90 days Over Albertville Plaza $541.94 $541.94 Albertville Premium Outlets $4,196.22 $4,196.22 Arvig Enterprises, Inc.$490.00 $490.00 Capital Land Investments $345.00 $140.00 $205.00 District 5 Hockey $5,610.00 $5,610.00 Douglas A. Carlson Development$71.31 $0.58$1.15$0.58$69.00 Greig, Mitchell $345.00 $140.00 $205.00 Grinnell Mutual $475.00 $475.00 Hunter Land Company$4,211.25 $4,211.25 KMC Dance $352.92 $2.92 $350.00 Landform Professional $18,476.78 $18,476.78 Omann Brothers $5,560.84 $44.88 $89.76 $5,426.20 RG Insurance $475.00 $475.00 Roemer, Bill $2,727.22 $1,063.69 $20.88 $102.50 $1,540.15 Short Elliot Hendrickson $21,642.81 $21,642.81 State Farm-Travis Williams $206.68 $1.67 $3.34 $201.67 STMA United Soccer Club $13,914.18 $4,526.25 $2,925.92 $6,462.01 Triden, Carole $140.00 $140.00 Total $79,782.15 $57,507.77 $7,647.27$928.08 $13,699.03 Current 0-30 days $57,507.77 72.08% 30-60 days $7,647.27 9.59% 60-90 days $928.08 1.16% over 90 day $13,699.03 17.17% Agenda Page 19 Mayor and Council Communication April 5, 2021 ST SUBJECT: C ONSENT - FINANCE – 1 QUARTER BUDGET TO ACTUAL REPORT – UN-AUDITED st st 1QUARTER BUDGET TO ACTUAL: Attached are the 1 Quarter 2021 un-audited General Fund summaries of revenues and expenditures. Revenues are expected be at 8% (due to the first tax settlement not distributed until July). Expenses are expected to be at 25%. This summary shows operating revenues are at 8.07% and operating expenses are at 20.93%. VARIANCES: Revenue: Property Taxes and LGA - Not received until July and December Building Permits – 7 new single family homes so far in 2021 Police Aid – Not received until October Fire Aid – Not received until October Interest Earnings – Interest on Investments are not allocated until December Liquor Licenses – Council Waived 2021 fees for renewals Other Revenues – Received $5,748 LMCIT Depot Insurance Claim Responsible Person/Department: Tina Lannes, Finance Director Submitted Through: Adam Nafstad, City Administrator-PWD Attachment: 2021 Budget to Actual Agenda Page 20 Mayor and Council Communication – April 5, 2021 st Finance – 1Quarter Budget to Actual ReportPage 2 of 3 2021 Council Update General Fund Operations 2021 2021 Actual Ytd % General Fund Revenue:Budget 03/31/21Budget 31010Current Ad Valorem Taxes 2,247,305 $20,3320.90% 32100Business Licenses & Permits 27,000 $2,94810.92% 32110Liquor Licenses 30,000 $1,6105.37% 321203.2 Liquor Licenses 0 $100 32150Sign Permits 500 $7014.00% 32210Building Permits100,000 $48,17448.17% 32240Animal Licenses 1,200 $45037.50% 33401LGA Revenue expected 115,635 $00.00% 33405Police Aid41,000$00.00% 33406Fire Aid64,000$00.00% 33422Other State Aid Grants 700 $00.00% 33423Municipal Maint Aid 11,000 $5,76852.43% 34000Charges for Services 15,000 $3,77125.14% 34005Engineering As Built Fee 3,000 $1,05035.00% 34101Leases - City Property30,000 $3,2100.00% 34103Zoning & Subdivision Fees 2,500 $1,10044.00% 34104Plan Check Fee 65,000 $19,63830.21% 34107Title Searches2,500 $1,22549.00% 34113Franchise Fee - Cable74,000 $16,62522.47% 34202Fire Protection Contract Charges 433,974 $108,49425.00% 34780Rental Fees 15,000 $9136.09% 34950Other Revenues 15,000 $8,54956.99% 34110Arena 13,813 $3,45325.00% 34112Electric Franchise Fee125,000$31,51525.21% 36210Interest Earnings25,000 $130.05% Total Revenues3,458,127 279,0078.07% Agenda Page 21 Mayor and Council Communication – April 5, 2021 st Finance – 1Quarter Budget to Actual ReportPage 3 of 3 2021 General Fund Department 2021 Actual Ytd % Expenditures: Budget 03/31/21 Budget 41000 General Government 40,000$8,483 21.21% 41100 Council 47,274$11,815 24.99% 41300 Combined Administrator/Engineer 164,350$39,919 24.29% 41400 City Clerk 136,221$28,749 21.10% 41410 Elections 25,000$852 3.41% 41500Finance 116,050$24,17420.83% 41550 City Assessor40,100$0 0.00% 41600 City Attorney 40,000$4,765 11.91% 41700 City Engineer 25,000$1,991 7.96% 41800 Economic Development 50,000$0 0.00% 41910 Planning & Zoning 56,507$10,149 17.96% 41940 City Hall147,108$23,754 16.15% 42000 Fire Department 557,947$110,752 19.85% 42110 Police 835,485$208,871 25.00% 42400 Building Inspection 252,724$62,065 24.56% 42700 Animal Control 9,000$1,554 17.27% 43100 Public Works -Streets 364,876$74,707 20.47% 45000 Culture & Recreation 81,521$24,115 29.58% 45100 Parks & Recreation377,798$72,727 19.25% 43160 Electric street lights 91,166$14,392 15.79% Total Expenditures 3,458,127723,832 20.93% 2021 Council Update Capital Fund 2021 2021 Actual Ytd % Capital Reserve Fund RevenuesBudget 03/31/21Budget 31010Current Ad Valorem Taxes1,324,744$00.00% 2021 Council Update Capital Fund 2021 2021 Actual Ytd % Capital Reserve Fund ExpendituresBudget 03/31/21 Budget 300Professional Services 1,324,744$101,655 7.67% Agenda Page 22 Agenda Page 23 Agenda Page 24 Mayor and Council Request for Action April 5, 2021 SUBJECT:PLANNING DEPARTMENT – GOLF CART USE ON CITY STREETS RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Adopt Ordinance No. 2021-06 amending the City Code, Title 7 Motor Vehicles And Traffic, Chapter 3: Snowmobiles and Recreational Vehicles allowing golf carts to travel on public streets in the City of Albertville and approving summary Ordinance for publication. BACKGROUND: MN State Statute 169.045 addresses Special Vehicle Use in Roadways. This statute allows a city to adopt an ordinance to allow vehicles 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. The issue of golf carts be driven on public streets was discussed by the City Council at their December 7,2020 Council meeting. The Council gave direction to City Staff to prepare an ordinance that would allow and regulate the use of golf carts on City Streets. Staff has studied this issue and prepared the attached amendment to the City Code addressing golf cart use for consideration by City Council. KEY ISSUES: The draft Golf Cart code amendment mimics Albertville’s Snowmobile regulations in addressing the following key issues. The draft ordinance defines where the golf carts may travel within the surface of the roadway to avoid competition with other motor vehicles. Golf carts may only travel on local streets; they are prohibited on County and State roadways except when crossing at an intersection. Golf Carts are prohibited from traveling on City sidewalks, trails and City parks. Golf Cart drivers must be a licensed driver and obey the traffic laws. This prohibits under age drivers from using golf cart on public streets. Hours of operation are limited to day light hours unless the golf cart is equipped with head lights; tail light, brake lights and turn signals. The golf cart must be insured. The draft ordinance outlines minimum equipment standards for golf carts travelling on public streets, including the need for a slow moving vehicle emblem. POLICY/PRACTICES CONSIDERATIONS: City Staff has examined other cities with golf cart regulations and presented these options to the City Council in December 2020. The Council is asked to review the draft ordinance and determine if the ordinance adequately addresses the use of golf carts on public streets in Albertville. Agenda Page 25 Mayor and Council Request for Action – (April 5, 2021) Golf Cart City Code Amendment Page 2 of 2 FINANCIAL CONSIDERATIONS: The draft ordinance does not require any administrative processing of any license or permit to operate a golf cart on public streets to reduce time and costs associated with this use. LEGAL CONSIDERATIONS: Any licensed driver may operate a golf cart on local streets if the machine meets the equipment standards and they abide by the regulations of this ordinance amendment and the traffic safety laws. The City will rely on the Sheriff’s patrol for enforcement traffic violations. Department/Responsible Person: Alan Brixius, City Planner Submitted Through: Adam Nafstad, City Administrator-PWD Attachments: Ordinance No. 2021-06 Golf Cart Code Amendment Summary of Ordinance 2021-06 Agenda Page 26 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RDINANCE NO.: 2021-06 O AN ORDINANCE AMENDING THE CITY CODE, TITLE 7 MOTOR VEHICLES AND TRAFFIC, CHAPTER 3 SNOWMOBILES AND RECREATIONAL VEHICLES IN THE CITY OF ALBERTVILLE, MINNESOTA The City Council of the City of Albertville, Minnesota hereby ordains: Section 1. Title 7 Motor Vehicles and Traffic, Chapter 3 Snowmobiles and Recreational Vehicles is hereby amended as follows: Chapter 3 Snowmobiles, Recreational Vehicles and Motorized Golf Carts. Section 2. Section 7-3-2, Definitions of the Albertville City Code is hereby amended as follows: Motorized Golf Cart: M otorized golf cart means a vehicle, usually four wheeled, which is self- propelled and is designed to be used to provide transportation on a golf course. Section 3. 7-3-7: Motorized Golf Carts: A.Operation: The following operating restrictions shall apply to the operation of Golf Carts: 1.Single File, Right Hand Lane: No person shall operate a motorized golf cart on the portion of any right of way of any street, except single file, on the most right hand lane when available for traffic or as close as practical to the right hand curb or edge of the roadway, except when passing another vehicle stopped in that lane. 2.Private Property: No person shall operate a motorized golf cart on the private property of another without lawful authority or consent of the owner. 3.Speed Limit: No person shall operate a motorized golf cart on streets or roadways at a speed in excess of twenty (20) miles per hour. 4.Sidewalks And Paved Walkways: No person shall operate a motorized golf cart on public sidewalks, pedestrian paths, or paved trails within the City. 5.Times of Operation. No person shall operate a motorized golf cart within the City between sunset and sunrise without rear-facing brake lights, turn signals, and headlights. 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. 6.Stop And Yield Intersections: No motorized golf cart shall enter any intersection without making a complete stop. The operator shall then yield the right of way to any vehicles or pedestrians at the intersection, or so close to the intersection as to constitute an immediate hazard if not yielded to. Agenda Page 27 City of Albertville Ordinance No. 2021-06 Meeting of April 5, 2021 Page 2 7. Motorized Golf Carts not equipped with brake lights or turn signals must use appropriate hand signals to signal turns as defined by Minnesota State Statute 169.19 Subd. 8. 8.Persons at least sixteen (16) years of age and holding a valid driver’s license recognized by the State of Minnesota as permitting the operation of motor vehicles in the state are allowed to operate a motorized golf cart on streets within the City of Albertville. 9.Insurance: Motorized Golf Cart must have current vehicle insurance. 10.Motorized golfs carts shall only be operated on City owned streets and alleys within the boundaries of the City with the following exception: a. Motorized golfs carts may cross any county or state highway intersecting a City owned street. B.Operation Prohibited in City Parks: It shall be illegal to operate a motorized golf cart within the boundaries of a City designated park. C.Required Equipment: Motorized Golfs Carts shall have the following required equipment: 1. Brakes: Brakes adequate to control the movement of and to stop and hold the motorized golf cart. 2. Mufflers: Standard mufflers which are properly attached and in constant operation and which reduce the noise of operation of the motor to the minimum necessary for operation. No person shall use a muffler cutout, bypass, straight pipe or similar device on a motorized golf car, and the exhaust system shall not emit or produce a sharp popping or crackling sound. 3. Rearview Mirror: The motorized golf cart shall be equipped with a rearview mirror. 4. Slowing Moving Vehicle Sign: The motorized golf cart shall be equipped with a slow- moving vehicle sign on the rear of the vehicle as provided for in Minnesota Statues section 169.522, when operated on designated roadways. Section 4. This ordinance shall be effective upon its passage and publication. th Adopted by the City Council of the City of Albertville this 5 day of April, 2021. _____________________________ Jillian Hendrickson, Mayor ATTEST: ___________________________ Kristine A. Luedke, City Clerk Agenda Page 28 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA SUMMARY ORDINANCE NO. 2021-06 AN ORDINANCE AMENDING THE ALBERTVILLE CITY CODE, TITLE 7 MOTOR VEHICLES AND TRAFFIC, CHAPTER 3 ALLOWING FOR MOTORIZED GOLF CART USE ON PUBLIC STREET THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA ORDAINS: Notice is hereby given that on April 5, 2021 Ordinance No. 2021-06 was adopted by the City Council of the City of Albertville, Minnesota. Due to the length of the ordinance, the following summary ordinance has been prepared for publication. Notice is further given that the adopted ordinance amendment includes the following components: Title 7, Chapter 3 Motorized Golf Carts Providing regulations for the operation of motorized golf carts within the City of Albertville. A printed copy of the entire ordinance amendment is available for inspection by any person during City Hall’s regular office hours. th Approved for publication by the Albertville City Council on this 5 day of April, 2021. Attest: Kristine Luedke Albertville City Clerk Publish Date: April 15, 2021 Agenda Page 29 Mayor and Council Communication April 5, 2021 SUBJECT: PLANNING DEPARTMENT – ALBERTVILLE THRIFT STORE STUDY DISCUSSION RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: Provide direction to City Staff as to what changes to the City’s zoning ordinance, if any, should be made regarding zoning standards specific to thrift stores and secondhand dealers in City of Albertville. BACKGROUND: The City’s zoning ordinance currently does not specifically address thrift stores, which would possibly place them under a general retail category of uses. However, since thrift stores often encompass several stages of operations, including intake of donated goods, sorting and processing of such goods, disposal of large amounts of waste and sale of marketable items, they are often viewed as having characteristics that do not fit well into a general retail zoned area. In addition, many thrift operations have caused traffic backups from cars waiting in line to donate items that impact traffic circulation on site as well as traffic circulation on adjacent roadways, necessitating additional regulation that is not normally found in a commercially-zoned district. At their December 7, 2020, City Council meeting, the Council adopted Resolution No, 2020-041 adopting an Interim Ordinance establishing a Moratorium on new Thrift Stores with in the City to give the Planning Commission and City Staff time to determine if changes should be made to the zoning ordinance regarding thrift stores. The Planning Commission discussed the Thrift Store study at their March 3 Planning Commission meeting. The City Planner will present the Planning Commission recommendations regarding thrift store/secondhand dealer zoning regulation to the Council for consideration. KEY ISSUES: Albertville’s zoning ordinance does not directly address thrift stores. Thrift stores may present unique challenges not normally seen in commercially-zoned district. A moratorium was adopted in December 2020 to give the Planning Commission and City Staff time to determine what changes to the City’s zoning ordinance, if any, should be made regarding thrift stores. The Planning Commission discussed the Albertville Thrift Store study at their March 3, 2021, Planning Commission meeting. POLICY/PRACTICES CONSIDERATIONS: Whether the Council would like to amend the zoning ordinance regarding the standards specific to thrift store and secondhand dealers in the City of Albertville. Agenda Page 30 Mayor and Council Communication – April 5, 2021 Thrift Store Study Discussion Page 2 of 2 FINANCIAL CONSIDERATIONS: Other than consultant time spent compiling information, and preparing potential ordinance changes, this action will have no financial impact on the City. LEGAL CONSIDERATIONS: The City Council has the authority to consider and approve zoning ordinance amendments. Department/Responsible Person: Alan Brixius, City Planner Submitted Through: Adam Nafstad, City Administrator-PWD Attachments: March 3 Planning Commission report Agenda Page 31 NORTHWEST ASSOCIATED CONSULTANTS, INC. __________________________________________________________________ 4150 Olson Memorial Highway, Ste. 320, Golden Valley, MN 55422 Telephone: 763.957.1100 Website: www.nacplanning.com PLANNING REPORT TO: Adam Nafstad FROM: Alan Brixius DATE: March 3, 2021 RE: Albertville Thrift Store Study FILE NO: 163.05 - 20.09 BACKGROUND In December of 2020, the City of Albertville passed Ordinance No. 2020-07, an interim moratorium ordinance temporarily prohibiting new thrift stores in the City for 12 months. The moratorium ordinance provides an opportunity to conduct a study of thrift store locations, concentrations, and operational characteristics and determine the appropriate regulation of such uses within in the City. In response to the City's directive, this study will examine the operations specific to thrift stores, including the on-site in-take or drop-off of goods, the processing of goods, retailing, the warehousing of goods, and the distribution to other facilities, and disposal or recycling of non- saleable goods. Further, this study will determine thrift stores' impact and their unique operations on-site planning, building design, and potential impacts on adjoining businesses. This study will also offer options to address the land use concerns through appropriate zoning amendments. The following steps were taken to formulate the study findings and recommendations: 1. Conducted internet search of current national trends in retailing and specifically the shopping trends at thrift and secondhand stores. 2. Established a definition of thrift stores/secondhand dealers and identifies the various businesses that fall within this definition or have similar land use characteristics. 3. Conducted a detailed photographic field inventory of thrift stores in the vicinity of the City of Albertville. The inventory is intended to identify locations, land use and operational characteristics that distinguish thrift stores from other commercial businesses within the same zoning district. 4. Contacted the League of Minnesota Cities, the American Planning Association, and other cities to determine the extent of existing studies, information, experiences, and Agenda Page 32 regulations that may exist on the topic of thrift stores. This information will help define the extent to which the City may apply new regulations. DEFINITIONS The definition of a “thrift store” is far-reaching in that the resale of used items includes a broad range of businesses, including antique shops, collectible stores, consignment shops, pawnshops, charitable and for-profit thrift stores. Each of these businesses takes in used items at their place of business and may process used items for resale. The Albertville Zoning Ordinance does not presently include a definition of the term "thrift store", "antique store", or "consignment store." The Ordinance does, however, include definitions of a "pawn shop" and "pawnbroker." The thrift stores inventoried by Staff were chosen and categorized according to the following definitions, the sources of which are listed: Antiques: “Antiques” means a business principally engaged in the sale or trading of articles which, because of age, rarity, or historical significance, have a monetary value greater than the original value or which, because of age, are recognized by the United States government as entitled to import duties less than those prescribed for similar new merchandise. Consignment: An agreement between a dealer and seller that enables the dealer to take temporary possession of secondhand property, owned by the seller, for the purpose of offering it for sale to the public. (American Planning Association) Pawnbroker: Any natural person, partnership or corporation, either as principal, or agent or employee thereof, who loans money on deposit or pledge of personal property, or other valuable thing, or who deals in the purchasing of personal property, or other valuable thing on condition of selling the same back again at a stipulated price, or who loans money secured by chattel mortgage on personal property, taking possession of the property or any part thereof so mortgaged. (City of Albertville) Pawnshop: The location at which or premises in which a pawnbroker regularly conducts business. (City of Albertville) Secondhand Goods: Tangible personal property, previously owned, or used, by a person other than the dealer offering the item for sale, including electronic audio or video equipment, firearms, power tools, computers, computer-related equipment, jewelry, coins, and precious metals. (City of Burnsville, MN) Secondhand Goods Dealer: Any person whose regular business includes selling or receiving secondhand goods, including auction house dealers, consignment house dealers, flea market dealers and antique dealers, but not including used car sales involving vehicles with titles requiring registration with the Minnesota Department of Motor Vehicles under Minnesota Statutes chapter 168, or boats required to be registered with the Department of Natural Resources. (City of Burnsville, MN) 2 Agenda Page 33 Thrift Store/ Secondhand Store: A shop that sells used articles, especially clothing and other household items, most often supplied by donations from individuals dropping off the items at the shop, as to benefit a charitable organization or for-profit company. (Burnsville, MN) Given the definitions as mentioned earlier, an inventory of thrift stores within the Cities of Buffalo, Elk River, Maple Grove, Monticello, Plymouth, Rogers, and St. Michael constituted a search for "thrift stores," "consignment stores," or "collectibles." THRIFT STORE INVENTORY The City of Albertville presently has no thrift stores. A field inventory of the thrift stores in surrounding communities was conducted to gather information on location, concentration, and thrift stores' operational characteristics. The inventory reveals that sampled communities, as listed below, have 23 businesses that fall into the thrift store / second hand dealer definition. Number of Thrift Stores, Consignment, or Secondhand Dealers Buffalo 4 Elk River3 Maple Grove7 Monticello 3 Plymouth 4 Rogers 1 St. Michael1 Total 23 As shown above, the City of Maple Grove has more thrift store locations than its neighboring communities. This is attributed to Maple Grove having a larger, concentrated population and more commercially zoned land, and proximity to major arterials. The following map illustrates the locations of the thrift stores referenced above. The locations and siting characteristics of thrift stores are the same as other retailers typically allowed in commercial zoning districts. 1.Commercially zoned sites. 2.Locations that offer good visibility and access to a major collector and arterial streets. 3.Sites offer proximity to other retailers to take advantage of multiple retailers' accumulative attraction and business interchange between the stores. 3 Agenda Page 34 4 Agenda Page 35 ISSUES AND ANALYSIS Thrift stores and secondhand dealers are often subject to negative perceptions. The following section of this report includes common perceptions or issues associated with thrift stores. These issues have been identified followed by an analysis of the issue(s) / perception(s). Issue(s) / Perception(s): Thrift stores/secondhand dealers locate in marginal retail locations and market to low- income households. Their introduction to an area reflects a declining commercial area. Thrift stores/secondhand dealers make little investment in the properties they occupy. Analysis: Research of current news articles on thrift stores and retail trends reveals the following retail trends: 1. Thrift stores are growing in popularity across the country. As of 2019, there are more than 25,000 thrift stores and were growing at seven percent a year before Covid. 2. The appeal of thrift store shopping is growing beyond low-income households, including middle- and upper-income households, and luxury consignment stores have started opening. 3. Thrift store shopping has grown popular with younger shoppers who find the lower prices to be sensible and the uniqueness and quality of sold items to be desirable. Bargain hunting has become an entertainment. 4. In response to changing markets and shopping patterns, thrift stores/secondhand dealers have made changes in their building design, product display, and business appearance to improve the appeal to a broader market and create a better shopping experience. Issue(s) / Perception(s): Non-profit thrift stores that purchase commercial property reduce the City's commercial tax base. Analysis: The acquisition of property by a qualified non-profit organization can lead to the property becoming tax-exempt. The tax exemption is not available to the non-profit in a property lease arrangement. While the loss of a commercial tax base is a concern for communities, it is not a zoning issue. The following case law comes into effect – Town of Mount Pleasant vs. Legion of Christ Inc. – where the Court of Appeals of New York ruled in favor of Legion of Christ Inc. finding: 5 Agenda Page 36 "…The Town does not claim that the Legion's use of the property presents any traffic, health, safety or similar problem that was not also presented by IBM's use. Of course, there is one important difference to the Town – the Legion, unlike IBM, is tax-exempt. But keeping the property in taxpaying hands is not a legitimate purpose of zoning." In considering the potential impact of thrift stores on the community, the City must not distinguish between for profit and non-profit businesses. Rather, the regulations must pay attention to the land use and operational characteristics that distinguish thrift stores from other businesses and the extent to which regulations are needed to address land use compatibility issues, traffic, site operations, and nuisances. Issue(s) / Perception(s): Due to a market focus to low-income families and low pricing, thrift stores do not contribute to the market draw of retailers that sell new merchandise. Analysis: The field inventory reveals that most of the smaller thrift stores that have a specialized product sales line (i.e., sporting goods, clothing, children goods) meet all City zoning standards and are generally indistinguishable from other tenants within the same shopping centers (i.e., Play It Again Sports, Samaritan Way, Turnstyle Consignment). Samaritan Way serves as anchor tenants for the shopping center. This thrift store generates customer traffic and business interchange to benefit all the businesses within the shopping center. Site inspection reveals an attractive shopping center. Their receipt of used goods on-site is limited to their product lines, and the processing appears to be wholly contained within the building. Play It Again Sport's (Buffalo) Samaritan Way (Elk River) Issue(s) / Perception(s): Outdoor donation collection areas for thrift stores are unsightly, create outdoor storage issues, illegal dumping, and collect debris. 6 Agenda Page 37 Larger thrift stores with on-site donation drop-offs, donation processing, and on-site warehousing of secondhand goods can extend beyond the building, resulting in outdoor storage, semi-trailer parking, or use of outdoor storage containers. These outdoor activities can be unsightly and interfere with a shopping center's site design and operation when not regulated. This is a particular issue with introducing a thrift store into an existing building or tenant space not designed for large thrift store collection operations. Analysis: The field inventory reveals that larger general merchandise thrift stores have operational characteristics that distinguish them from other retail businesses. While the primary use of these facilities is retail sales, the receipt of used goods, the processing of used goods, warehousing and distribution of goods, and disposal or recycling of non-saleable items frequently extended beyond the building and can interfere with site activities and impact the appearance of the site and surrounding properties. On-Site Donation Drop-Off Areas 1. The field inspection reveals that the drop-off areas for the receipt of used goods can negatively impact the commercial site if not adequately planned and screened. The Goodwill stores in Monticello and Rodgers provide good examples of well-designed drop-off areas. These stores have drop-off areas segregated from customer parking and driveway areas. The drop-off is integrated into the building design with receipt of goods occurring within the building or a walled area. These designs reduce outdoor operations, nuisance problems for neighboring businesses or properties, and security for the site to discourage illegal dumping. Goodwill (Monticello) Goodwill (Rodgers) Outdoor donation collection areas that are not properly planned can interfere with on-site traffic circulation. Outdoor operations can create nuisance issues related to noise, lighting, and junk accumulation, resulting in an unattractive commercial site. 7 Agenda Page 38 Salvation Army (Elk River) Treasure Thrift (Savage) 2. As shown in the inventory photographs, the on-site receipt and processing of donations frequently expand the thrift store's storage needs beyond the building, resulting in the use of semi-trailers and exterior storage containers. The product storage needs of larger thrift stores distinguish this use from other businesses or shopping center tenants. When not regulated and designed into the building and site this outdoor storage can interfere with site operations (i.e., site traffic circulation, on-site deliveries, garbage collection, and fire lanes). Additionally, the use of trailers and storage containers of outdoor storage can detract from the commercial site's aesthetic appearance or shopping center. The use of outdoor storage containers and semi-trailers for storage is contrary to City ordinances that require accessory commercial buildings to be designed to match the principal building. Savers (Apple Valley) Goodwill (Eagan) 3. Thrift stores with on-site donation collection and processing generate high volumes of waste and recyclables. If sites are not planned for a large thrift store operation, the waste disposal/recycling areas are not large enough or equipped to accommodate the volume or type of waste as illustrated in the photo inventory. 8 Agenda Page 39 Savers (Bloomington) Treasure Thrift (Savage) While thrift stores and secondhand dealers are predominately retail operations, their on-site donation collection, donation processing, storage, and waste disposal distinguish these land uses from other retailers. This distinction provides a basis for the City to consider zoning standards specific to thrift stores and secondhand dealers. Below are thrift and consignment stores in the area, as shown in the map on page ()that showcase a variety of good and bad design examples. THRIFT STORES Poor Examples 1)St. Vincent De Paul – 200 Central Avenue East, St. Michael nd This store is located north of Central Avenue and east of 2Street. The store occupies a former single-family home constructed in the 1940's. The subject site is zoned B-2, Downtown Commercial. Nearby uses include a beaty salon, a coffee shop, a medical clinic, and several single-family homes. Donations are received on the west side on the nd property via a driveway along 2 Street. 9 Agenda Page 40 2) Wise Penny Thrift Store – 310 Brighton Avenue, Buffalo th This store is located north of 10 St Ne and west of Highway 55. The subject site is zoned B-4 General Business. The store is a two-story masonry and metal-sided building surrounded by retail, offices, and commercial uses. Donations are received on an appointment-only basis on three days off the week. The building has a gate on the northern portion to allow for drive-up appointments. Good Example 1) Goodwill – 20870 Rogers Drive, Rogers This store is located north of Interstate 94 and east of Highway 101. The subject site is zoned B-2, Commercial Business. The store is relatively new construction and occupies the western on-half of a two-tenant "big box" building. The east one-half of the building is presently vacant. Nearby uses include automotive dealerships and various retail uses. Donations are received on the north side of the building and are screened from view from the Rogers Drive from which access to the site is provided. 10 Agenda Page 41 SECONDHAND GOODS DEALERS (Consignment Stores) 1) Play It Again Sports (Secondhand Goods Dealer – Consignment) – 1249 MN-25, Buffalo Located in a small shopping center near the intersection of County Road 25 and John Ause Memorial Dr. The area is zoned B-4, General Business. The shopping center is new in appearance, with plenty of parking. The shopping center is anchored by Walmart and includes other retail uses such as Maurice's and Sally Beauty. Play It Again Sports's front and rear appearance are similar to surrounding businesses in the center. The rear of the store provides a rear entry door and sheltered waste disposal container. There is no drive-up area for bringing in-merchandise, and cosigning is conducted via walk-in appraisal. THRIFT STORE / SECONDHAND DEALER REGULATIONS The following section examines the current zoning regulations for thrift stores and secondhand dealers in Albertville and neighboring communities (Buffalo, Monticello, Otsego, Rodgers, etc). This study also reviewed the regulations of communities that have major regional shopping malls (Edina, Minnetonka, Roseville and Maplewood). Communities with more aggressive zoning regulations for thrift stores and secondhand dealers were also examined (Maple Grove, Columbia Heights, and West St. Paul). An internet search of communities from outside the state having thrift store regulations was conducted. In conjunction with the ordinance review, we corresponded with the planning staff of certain cities to better understand the issues and philosophies these cities used in the development of their regulations. ZONING Albertville and most of its surrounding communities do not have zoning standards that specifically regulate thrift stores' location and design and secondhand dealers. Albertville prohibits the use of Pawn Shops in all commercial zoning districts. These communities have treated thrift stores and second hand dealers as permitted retail uses and held them to other retailers' same standards in the same zoning districts. Each study community has commercial standards for building design, parking, loading, and waste disposal. 11 Agenda Page 42 The study inventory reveals that nearby thrift stores generally meet City commercial standards. The problems with thrift store operations are typically a result of the business' success. As the business grows and receives larger volumes of donations, the receipt of goods, processing of goods, and storage of goods, and disposal of non-saleable items often extend beyond the building, resulting in on-site operation concerns and code enforcement problems. Buffalo regulates secondhand stores under the same code as pawnbrokers and is permitted in B-4 General Business District and needs a license to operate. However, Buffalo excludes the licensing requirements for charitable/non-profit organizations for thrift stores/secondhand dealers, as such, the rule only applies for-profit thrift and second hand store. Otsego defines secondhand deals as "a person, partnership, firm or corporation whose regular business includes selling or receiving tangible personal property (excluding motor vehicles) previously used, rented, owned, or leased. The term secondhand dealer shall include pawnbrokers and antique shops". Requires licensing of pawnshops, precious metal dealers and for profit thrift stores and secondhand dealers. Otsego exempts from licensing "the business of buying, selling or consigning secondhand goods such as clothing, shoes, housewares, household goods, decor and/or furniture, non-profit charitable organizations." Otsego's code treats thrift stores and secondhand dealers as commercial retail and does not limit their placement in the City. Rogers regulates secondhand stores under the same code as pawnbrokers and precious metal deals. As such, to operate a secondhand store, you need to apply for a license. Expressly, Rogers excludes sales by charitable organizations of donated items; thus, the rule would only apply to for-profit thrift and secondhand stores. Allowed in commercial zoning districts. Through this study, four metro communities have been found that have zoning regulations that specifically govern thrift stores and secondhand dealers. Edina allows thrift stores as a permitted use within its PCD -1 commercial zoning district but limits the store size not to exceed 2,500 square feet. The use is not allowed in its other commercial zoning districts. West St. Paul requires a conditional use permit for used merchandise stores and establishes the following performance standards: Used merchandise stores, provided all of the following conditions are met. (1) Used merchandise is limited to clothing and related accessories. (2) The transfer or sale of merchandise is conducted entirely inside a building. (3) There is no outdoor storage of any kind. (4) The floor area for the use is no greater than 2,000 square feet. 12 Agenda Page 43 Columbia Heights establishes the following zoning standards for consignment/ secondhand dealers stores and is a conditional use: (14)Consignment / secondhand store (a)Consignment /secondhand stores shall be identified as stores whose primary existence is derived from more than 50% used, consigned, or secondhand merchandise. The use shall be located at least 3,000 feet from all consignment / secondhand stores, currency exchanges, pawnshops, and precious metal dealerships. (b)The window and door area of any existing first floor façade along a public street shall not be reduced, nor shall changes be made to such windows and doors that block the views into or out of the building at eye level. (c)For new construction, at least 30% of the first floor façade along the public Street or sidewalk shall be windows or doors of clear or lightly tinted glass that allows views into and out of the building at eye level. (d)The use of bars, chains, or similar security devices that are visible from a public street or sidewalk shall be prohibited. (e)Consignors shall not be paid for merchandise until the merchandise is sold to a third party. (f)An appointment or set hours shall occur within a completely enclosed building. (g)All receipt, sorting and processing of goods shall occur within a completely enclosed building. (h)The premises, all adjacent streets, sidewalks and alleys and all sidewalks and alleys within 100 feet of the use shall be inspected regularly for the purpose of removing litter found thereon. Minneapolis establishes the following standards for consignment and secondhand goods stores and is a permitted use: Consignment clothing store. (1)Only clothing, shoes and related accessories shall be sold. (2)Individual consignors shall not be paid for the merchandise until the merchandise has been sold by the consignment store to a third party. (3)An appointment or set hours shall be required for the acceptance of merchandise. (4)No donations shall be accepted 13 Agenda Page 44 Secondhand goods store. (1) Back-lighted signs, back-lighted awnings, portable signs, temporary signs, and freestanding signs shall be prohibited. (2) The window and door area of any existing floor façade that faces a public street or sidewalk shall not be reduced, nor shall changes be made to such windows or doors that block views into the building at eye level. (3) For new construction, at least thirty (30) percent of the first floor façade that faces a public street or sidewalk shall be windows or doors of clear or lightly tinted glass that allow views into the building at eye level. (4) The use of bars, chains or similar activity security devices that are visible from a public street or sidewalk shall be prohibited. (5) The premises of all adjacent streets, sidewalks and alleys, and all sidewalks and alleys within one hundred (100) feet shall be inspected regularly for purposes of removing any litter found thereon. (6) All receipt, sorting, and processing of any goods shall occur within a completely enclosed building. (7) An appointment or set hours for the acceptance of donated goods shall be required. The aforementioned regulations provide examples of how some communities have addressed thrift stores and secondhand dealers within their communities. Edina limits the size of their thrift stores to allow boutique specialty used goods and consignment stores. West St. Paul, Columbia Heights, and Minneapolis have more aggressive regulations of secondhand stores, establishing specific performance standards to mitigate issues related to thrift store operations, including on-site collection, processing, storage, and disposal of used goods. The use of the conditional use permit in West St. Paul provides a conditional use process and public hearing that ensures a thorough business review. The conditional use permit also provides a process for revocation if the terms of approval are violated. In discussing the Columbia Heights ordinance with City staff, they indicated that secondhand dealers were grouped with pawn shops and currency exchange businesses as commercial uses that may provide opportunities for the commission of crimes. The spacing requirement is intended to limit the number of locations within the City for these uses and avoid these commercial uses' concentration. In our conversation with their staff, it was indicated that since the original Ordinance was adopted, the City has undertaken amendments to the definition of consignment/secondhand dealers to provide exceptions to the spacing guidelines for antique shops, secondhand furniture stores, secondhand clothing stores and consignment clothing stores. The City saw these secondhand business exceptions as uses that contribute to the community's overall commercial draw. 14 Agenda Page 45 Staff researched ordinances outside of Minnesota. The articles and ordinances researched have cities treating thrift stores like other retailers. In contrast, other communities have established specific regulations to address the collection, processing, and warehousing of products on site. Still, other communities have required spacing standards between uses or have outright prohibited these uses in select zoning districts. STUDY FINDINGS 1.The thrift store definition encompasses a broad variety of businesses, including antique shops, consignment shops, pawnshops, collectibles, specialty thrift stores, and general merchandise secondhand stores. This definition includes both for-profit and non-profit establishments. 2.Nationally thrift stores are growing in number and popularity. The customer profile is expanding to include younger consumers and a broader range of income groups. 3.Albertville specifically lists Pawnshops as a prohibited use in all business zoning districts. Thrift stores/secondhand dealers are not distinguishable from other retail use and are permitted uses in all commercial zoning districts. 4.Albertville does not have zoning regulations specific to the establishment of thrift stores/secondhand dealers within the community. RECOMMENDATION This study has revealed that thrift stores, which include collectible stores, consignment shops, and pawnshops, have some unique operational characteristics. These businesses receive used items at their place of business and process the used items for resale. Larger thrift stores often have operational characteristics that distinguish them from other retail businesses of similar size. While the primary use of these facilities is retail sales, the receipt of used goods, the processing of used goods, warehousing and distribution of goods, and disposal or recycling of non-saleable materials frequently extends beyond the building. It can interfere with site activities and impact the appearance of the site. The following recommendations are offered as a means of addressing identified land use and operational issues associated with thrift stores in the City of Albertville: Definitions Add definition of a thrift store to Chapter 200.2 Definitions of the Albertville Zoning Ordinance as follows: THRIFT STORE / SECONDHAND DEALER: A business that sells used items and includes any of the following operational characteristics: (A)Receipt of used items directly from the public at the business location. 15 Agenda Page 46 (B) Processing, conditioning, cleaning, or repair of used items for resale. (C) Storage of used items on site for processing, resale, or disposal. (D) Receipt of goods through purchase, consignment, or donation. By establishing the definition in the Zoning Ordinance, the City will distinguish thrift stores from other retailers. The City may then list thrift stores in appropriate zoning districts and establish performance standards specific to this use. General Provisions Amend the Zoning Ordinance to address the location and placement of drop boxes and recycling bins. City staff has recommended the following text amendment: 1000.14: REFUSE RECEPTACLES; LOCATION AND SCREENING: The following provisions apply to commercial, industrial, institutional, and residential structures with more than four (4) units: 1. Storage: All refuse, recyclable materials, goods, recyclables, or other materials, necessary handling equipment including, but not limited to, garbage cans, recycling bins, and dumpsters shall be stored within the principal structure, within an accessory building, or a trash enclosure that totally screens the equipment from eye level view from all neighboring uses and the public right of way. (Ord. 2019-11, 12-16-2019) This amendment clarifies the City's current interpretation that any placement of outdoor vending machines, donation drop boxes, and recycling bins will only be allowed within commercial zoning districts where outdoor storage is allowed by conditional use permit. Zoning Districts Permitted Use: Thrift stores / secondhand dealers less than 2,500 square feet in size as permitted uses in the following commercial zoning districts: B-2 Limited Business District, B-2A Special Business District, B-3 Highway Commercial District, and B- 4 General Business District. Provided all merchandise collection, transfer, and storage occur within the building. In this regard, no accessory outdoor drop-off area or outdoor storage would be allowed upon the site. Conditional Use: Thrift stores/secondhand dealers 2,500 square feet or greater in size shall be conditional uses in the following select commercial zoning districts: B-2A Special Business District, B-3 Highway Commercial District, and B-4 General Business District. Such uses would be subject to the following requirements: 16 Agenda Page 47 a.All merchandise drop off, transfers, processing, and storage shall occur within the principal structure. b. No exterior storage or the use of exterior storage containers or semi- trailers shall be allowed upon the site. c. Waste and recycling receptacles shall be properly sized, located and screened in accordance with 1000.14 of the Ordinance as reiterated below: Storage: All refuse, recyclable materials, goods, recyclables, or other materials, necessaryhandling equipment including, but not limited to, garbage cans, recycling bins, and dumpsters shall be stored within the principal structure, within an accessory building, or a trash enclosure that totally screensthe equipment from eye level view from all neighboring uses and the public right of way. (Ord. 2019-11, 12-16-2019) d. Accessory drive-through lanes leading to andaccessing the indoor collection area shall meet the following conditions: (1) Drive-through lanes shall not be permitted within the front or side yards abutting a street. (2) Drive-through lanes shall be designed and depicted on the site in a manner that segregates the drop-off lane from drive lanes, parking spaces, and sidewalks. (3) The drive-through lane shall be a minimum of twelve (12) feet wide and provide up to one hundred twenty (120) feet of automobile stacking and drive-through lane cannot open directly onto a public street. Automobile stacking shall not interfere with on-site drive lanes, fire lanes, parking stalls, loading areas, access to trash dumpsters, or sidewalks. Overflow automobile stacking beyond the service lane shall not extend into any public street right-of-way or interrupt traffic on a public street. (4) Screening shall be provided of the drive-through lane from residential use and street right of way. Such screening shall be at least six (6) feet in height and fully opaque. (5) No outdoor audio equipment shall be permitted with a drive-through lane. (6) Directional and operational signage shall be provided to direct customers to the drop-off lane and explain the drop-off process. 17 Agenda Page 48 The City has expressed concern over the potential proliferation of thrift storesin the area of the Albertville Premium Outlets. This area is zoned PUD B-3, Highway Commercial District which is also common in other areas of the City. The zoning in the district has a set of approved uses and as such would not allow for the thrift store/secondhand dealers in the zoning district. The study is being provided to the Planning Commission for recommendations regarding thrift store/secondhand dealer zoning regulations before being sent to the City Council for consideration. 18 Agenda Page 49 City Administrator’s Update April 1, 2021 GENERAL ADMINISTRATION Planning Commission Vacancy: Several letters of interest for the Planning Commission vacancy have been received.Interviews by City Council will be scheduled to take place on April, 19, prior to the regular meeting. Parks Committee Vacancy: The Parks Committee will be reviewing letters of interest received at their next meeting. Fehn Companies TIF: As part of the creation of the TIF District, the previously approved plat and CUP has been revised and will be presented to Planning Commission in April. The public hearing on the TIF will be held the first meeting in May, along with new PUD. American Rescue Plan Act: The recently passed act includes $65 billion in recovery funds cities. Albertville’s share is estimated to be $860,000. Albertville is expected to receive the first half distribution around June 9, 2021 and the second distribution a year later. The funds must be spent by December 31, 2024. Currently the use of funds is vague, but in the coming weeks we hope to receive more direction on the use of the funds (waiting on the U.S. Treasury) and reporting requirements. Annual Audit: Staff has been working with ABDO, Eick and Meyers, LLP on the annual audits for the City of Albertville and STMA Ice Arena. As of March 31, 2021, ninety percent of the audit field work has been completed. Staff expects to receive the draft reports next week for staff review. ABDO plans to present the 2020 City audit to the Council on April 19, 2021 and the 2020 STMA Arena audit to the arenaboard on May 10, 2021. Central Park Plans: The Park Committee is reviewing options and costs for internal trails and parking improvements at Central Park. Building Official/Inspection Services: Included on the consent is an amendment to the in-place contract with St. Michael for building official/inspection services. The amendment addresses the revised cost share formula previously discussed. This amendment was recently approved by the City of St. Michael. Advanced Volumetric Alliance: We have received notice that both JCF and MIF grants through DEED have been approved for AVA. Together the two grants will provide $625,000 toward the project. Agenda Page 50 ENGINEERING/PUBLIC WORKS rdth 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: I expect to receive the updated quiet zone report next week. City Administrator’s Update Page 2 of 2 April 1, 2021 Agenda Page 51