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2015-12-21 CC Agenda Packet City of Albertville Council Agenda Monday, December 21, 2015 City Council Chambers 7:00 PM 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. M:\Public Data\City Council\Council Agendas\2015 Agendas\2015-12-21 CC Agenda.doc Meeting Date: December 21, 2015 6:30 p.m. – Pizza Delivered by Fire Department (Council quorum may be present) 1. Call to Order 2. Pledge of Allegiance – Roll Call 3. Recognitions – Presentations – Introductions A. Tate Mills Recognition – Fire Officer of the Year 4. Public Forum – (time reserved 5 minutes) 5. Amendments to the Agenda 6. Consent Agenda All items under the Consent Agenda are considered to be routine by the City staff and will be enacted by one motion. In the event an item is pulled, it will be discussed in the order it is listed on the Consent agenda following the approval of the remaining Consent items. These items will be approved by a separate motion. A. Approve the December 7, 2015 Truth-in-Taxation meeting minutes as presented (pgs 4-5) B. Approve the December 7, 2015 regular City Council meeting minutes as presented (pgs 6-11) C. Authorize the Monday, December 21, 2015 payment of claims as presented, except bills specifically pulled which are passed by separate motion. The claims listing has been provided to City Council as a separate document and is available for public view at City Hall upon request (pg 12) D. Approve Resolution 2015-046 designating officials, consulting firms, and depositories for 2016 (pgs 13-16) E. Approve Resolution 2015-047 appointing City Council members to various boards and committees for 2016 (pgs 17-21) F. Approve a One-Day Temporary Consumption and Display Liquor License for January 23, 2016 for the Albertville Fire Hall, located at 11350 57th Street NE and Approve an Exemption from the Prohibition of Consumption of Liquor at the Fire Hall for January 23, 2016 (pgs 21-23) G. Approve Resolution No. 2015-048 entitled a Resolution Establishing the 2016 City Observed Holidays (pgs 24-26) Agenda Page 1 City of Albertville Council Agenda Monday, December 21, 2015 Page 2 of 3 M:\Public Data\City Council\Council Agendas\2015 Agendas\2015-12-21 CC Agenda.doc Meeting Date: December 21, 2015 H. Approve Resolution No. 2015-049 Establishing the 2016 City Council Regular Meeting Dates (pgs 27-29) I. Authorize the purchase and installation of a turn-out gear washer/extractor at the Albertville Fire Station at a project bid cost of $13,184 (pgs 30-31) J. Approve League of Minnesota Cities Insurance Trust Quote for 2016 coverage and Approve resolution 2015-050 for No-Fault Sewer Back-up/Water Main Breakage at the per connection coverage limit of $25,000 (pgs 32-37) 7. Public Hearings – None 8. Department Business A. City Council 1). Committee Updates (STMA Ice Arena, Planning, JPWB, Parks, Fire Board, FYCC, etc.) 2). STMA Ice Arena DRAFT Minutes (pgs 38-40) B. Planning/Zoning – 1). Sign Code Ordinance Revisions (pgs 41-74) (Motion to Adopt Ordinance No. 2015-09 Repealing Title 10 Chapter 7 Sign Regulations and Replacing it with Title 10, Chapter 7 Sign Regulations of the Albertville Municipal City Code Relating to Signs and Sign Regulations.) C. Fire – None D. Finance – None E. City Clerk – None F. Public Works/Engineering – None G. Building – None H. Legal – None I. Administration 1). City Administrator’s Update (pg 75) 9. Announcements and/or Upcoming Meetings December 24 City Hall Offices Closed (Observance of Christmas Day per 4-day work week) Public Works Closes Early (5 hours holiday pay) December 25 Public Works Closed December 28 Joint Powers Water Board, 6:00 p.m. December 31 City Hall Offices Closed (Observance of New Year’s Day per 4-day work week) January 1 Public Works Closed Agenda Page 2 City of Albertville Council Agenda Monday, December 21, 2015 Page 3 of 3 M:\Public Data\City Council\Council Agendas\2015 Agendas\2015-12-21 CC Agenda.doc Meeting Date: December 21, 2015 January 4 City Council, 7:00 p.m. January 6 Fire Advisory Committee, 6:00 p.m. January 11 STMA Ice Arena Board, 6:00 p.m. January 12 Planning Commission, 7:00 p.m. January 14 Fire Business Meeting, 8:00 p.m. January 18 City Offices Closed, Martin Luther King Jr. Day January 19 City Council, 7:00 p.m. January 25 Joint Powers Water Board, 6:00 p.m. Parks Committee, 8:00 p.m. DECEMBER Su M Tu W Th F Sa 1 2 3 4 5 6 CC 7 PC 8 9 10 11 12 13 Ice 14 15 16 17 18 19 20 CC 21 22 23 *24 H 25 26 27 JP 28 29 30 H 31 JANUARY Su M Tu W Th F Sa H 1 2 3 CC 4 5 FAC6 7 8 9 10 Ice 11 PC 12 13 FB14 15 16 17 H 18 CC 19 20 21 22 23 24 JP25PK 26 27 28 29 30 31 10. Adjournment Agenda Page 3 Page 1 TRUTH-IN-TAXATION HEARING December 7, 2015 DRAFT MINUTES ALBERTVILLE CITY HALL 6:30 p.m. CALL TO ORDER Mayor Hendrickson called the meeting to order at 6:31 p.m. ROLL CALL Present: Mayor Hendrickson and Council members Hudson, Olson, Sorensen, and Vetsch Absent: None Others present: Finance Director Tina Lannes, City Clerk Kimberly Olson, Jeremy Dominick, Roger Lucy, Chris Hanson, Josh Opiola TRUTH-IN-TAXATION Lannes gave a presentation on the proposed budget and levy for 2016. She provided an overview on how property taxes are calculated and reviewed the budget process. She also provided a historical look at the budgets and the percentage of change in the levy for the last several years. Lannes reported the preliminary levy was set in September for a 4.98% increase. She stated that at the November 2, 2015 budget workshop, the Council proposed reducing the levy increase to 3.98% by removing approximately $35,000 from the budget. However, she stated that the truth in taxation statements that residents received showed the original 4.98% that had been submitted to Wright County. Lannes reviewed the changes in revenues and expenditures. She indicated that the 2016 budget and levy does not include funding for a second sheet of ice at the STMA Ice Arena. Hendrickson opened the hearing for public comment. There were no comments and Hendrickson closed the public hearing. Agenda Page 4 City Council Truth-in-Taxation Minutes Page 2 Meeting of December 7, 2015 ADJOURN Motioned by Hendrickson, seconded by Vetsch, to adjourn the meeting at 6:40 p.m. Ayes: Hendrickson, Hudson, Olson, Sorensen, and Wagner. Nays: None. Absent: None. MOTION DECLARED CARRIED. Respectfully submitted, Kimberly A. Olson, City Clerk Agenda Page 5 Page 1 ALBERTVILLE CITY COUNCIL Monday, December 7, 2015 DRAFT MINUTES ALBERTVILLE CITY HALL 7:00 PM 1. CALL TO ORDER - PLEDGE OF ALLEGIANCE Mayor Hendrickson called the meeting to order at 7:00 p.m. 2. ROLL CALL Present: Mayor Hendrickson and Council members Hudson, Olson, Sorensen, and Vetsch Absent: None Staff Present: City Administrator-PWD Adam Nafstad, City Attorney Mike Couri, City Planner Al Brixius, Finance Director Tina Lannes, and City Clerk Kimberly Olson Others Present: Roger Lucy, Jeremy Dominick, Chris Hanson, Bob Zagorski, Michael McShane, Troy Crank 3. RECOGNITIONS – PRESENTATIONS – INTRODUCTIONS - None 4. PUBLIC FORUM – (time reserved 5 minutes) There was no one present to speak at the forum. 5. AMENDMENTS TO THE AGENDA Motioned by Hendrickson, seconded by Hudson, to approve the Agenda as presented. Ayes: Hendrickson, Hudson, Olson, Sorensen, and Vetsch. Nays: None. Absent: None. MOTION DECLARED CARRIED. 6. CONSENT AGENDA All items under the Consent Agenda are considered to be routine by the City staff and will be enacted by one motion. In the event an item is pulled, it will be discussed in the order it is listed on the Consent agenda following the approval of the remaining Consent items. These items will be approved by a separate motion. A. Approve the November 16, 2015 regular City Council meeting minutes as presented Agenda Page 6 City Council Meeting Minutes Page 2 Regular Meeting of December 7, 2015 B. Authorize the Monday, December 7, 2015 payment of claims as presented, except bills specifically pulled which are passed by separate motion. The claims listing has been provided to City Council as a separate document and is available for public view at City Hall upon request C. Approve Resolution No. 2015-041 adopting the City of Albertville Investment Policy 2015 Version Hudson had a minor correction to the November 16, 2015 City Council minutes. Motioned by Hendrickson, seconded by Hudson, to approve the Consent Agenda. Ayes: Hendrickson, Hudson, Olson, Sorensen, and Vetsch. Nays: None. Absent: None. MOTION DECLARED CARRIED. 7. PUBLIC HEARINGS A. Proposed Reassessment Of Costs for the Installation of Municipal Improvements (“Prairie Run Improvements”) To Lot 2, Block 1, T Square Business Park And Related To Improvements To CSAH 19 (pgs 17-22) Couri reported that municipal improvements were made on the property in 2005 and the property was assessed for those improvements. In 2007, there was an assessment on the property for improvements to CSAH 19. These assessments were never paid and the property eventually went tax forfeit. He stated the property was recently purchased by a private party and the new owner has requested that the City completely remove the assessments or that the assessments be drastically reduced. Earlier this year, the City had the opportunity to acquire this property, but the Council chose not to as it was believed it would take several years for the property to recover to sufficiently pay off the assessments. Couri stated the special assessments ultimately need to be recovered to break even on the Prairie Run development. Couri stated the Council may extend the number of years the special assessments can be paid back to provide easier payments. Hendrickson opened the public hearing. There were no comments and Hendrickson closed the public hearing. Motioned by Hudson, seconded by Sorensen, to approve Resolution No. 2015-042, Resolution Adopting Reassessment on Tax Forfeited Property. Ayes: Hendrickson, Hudson, Olson, Sorensen, and Vetsch. Nays: None. Absent: None. MOTION DECLARED CARRIED. 8. DEPARTMENT BUSINESS A. City Council 1). Committee Updates (STMA Ice Arena, Planning, JPWB, Parks, Fire Board, FYCC, etc.) Fire Business Meeting Olson reported the 2016 Fire Department calendar was printed and distributed. The group set the date for the holiday party for January 23, 2016. Agenda Page 7 City Council Meeting Minutes Page 3 Regular Meeting of December 7, 2015 2). Parks Committee Meeting Notes There was no discussion. 3). Arena Design Committee Appointments Nafstad reported that at the last joint meeting between the cities of Albertville, St. Michael, and the STMA School Board, it was directed that each group appoint two members to the design committee for the second sheet of ice as well as two members from STMA YHA and one member from the high school. Motioned by Vetsch, seconded by Olson, to appoint Nafstad and Sorensen to the design committee. Ayes: Hendrickson, Hudson, Olson, Sorensen, and Vetsch. Nays: None. Absent: None. MOTION DECLARED CARRIED. B. Finance 1). 2016 Final Levy and Budget Lannes stated that the Council must decide whether to approve the final levy and budget for either 3.98% or 4.98%. Nafstad stated that if they went with 4.98%, the $35,000 could be used for arena improvements or a second sheet of ice. Sorensen inquired where it would go if the entities did not pursue a second sheet of ice. Lannes replied it would be undesignated capital. Hendrickson would like to see it go to road improvements if not used for the arena. Hudson stated previous discussions that had included the additional $35,000 had been motivated by the need to ladder out costs for the second sheet of ice. He felt it seems that the cart has been put before the horse since they are generally in the preliminary discussion of a second sheet and no formal action has been taken. He stated he would not be inclined to vote for the 4.98% and would support the 3.98% levy. Sorensen stated the tax statements reflected the 4.98% and no one spoke at the Truth-in-Taxation hearing. He stated it was a matter of if they wanted to have that amount in there if the second sheet moves forward. Hendrickson and Vetsch agreed there are many upcoming projects that will need capital reserve funding. Motioned by Vetsch, seconded by Olson, to Approve Resolution No. 2015-043 entitled a Resolution Adopting Property Tax Levy Collectible in 2016 (for 4.98%); and, approve Resolution No. 2015-044 entitled a Resolution Adopting the 2016 Final Budget. Ayes: Hendrickson, Olson, Sorensen, and Vetsch. Nays: Hudson. Absent: None. MOTION DECLARED CARRIED. C. Legal 1). Tax Forfeit Properties Couri reported that the City had previously approved purchasing three tax forfeit properties for public use (one as a road, one as a storm water pond, and one as a wetland). The Wright County Attorney’s Office has requested the City re-adopt the resolution with a change to some of the technical language that would meet different statutory provisions. He stated this was purely technical in nature and the cost of the properties is expected to be little or no cost. Agenda Page 8 City Council Meeting Minutes Page 4 Regular Meeting of December 7, 2015 Motioned by Hendrickson, seconded by Olson, to Adopt Resolution No. 2015-045 Requesting The State of Minnesota to Deed Tax Forfeited Lands to the City of Albertville. Ayes: Hendrickson, Hudson, Olson, Sorensen, and Vetsch. Nays: None. Absent: None. MOTION DECLARED CARRIED. 2). City Attorney Report Hudson inquired what powers the design committee for the second sheet of ice would have. Nafstad replied it is not a governing committee and would make recommendations back to each entity. The group would only be an advisory committee. D. Fire – None E. City Clerk – None F. Public Works/Engineering – None G. Planning/Zoning – None H. Building – None I. Administration 1). STMA Ice Arena Tentative Development Schedule Nafstad stated that the draft development schedule will likely change, specifically individual tasks. He reported he had met with bond counsel to review the legal components and requirements of tax abatement. He stated that MASC had adjusted the completion schedule relating to the Mighty Ducks grant. Nafstad informed the council that staff developed a page on the website with relevant documents related to the second sheet of ice discussion such as the feasibility study, market demand study, draft schedule, and previous concepts. Sorensen stated he would like to see a Frequently Asked Questions (FAQ’s) page to address tax abatement, cost, etc. Hendrickson stated that Shakopee had issued a good communication piece documenting how they financed their community center. Sorensen stated he wanted to make sure correct facts are available for concerned citizens to view. Olson suggested the link be placed at the top of the home page. Council discussed areas of the draft schedule where the process could be stopped before large amounts of money were spent on the process. Those stopping points are signing of joint agreement and approval of concepts and plans. Hudson would like to see the draft schedule to address where and when the public can comment on the project. Hendrickson stated she had no issues with the tentative schedule. Jeremy Dominick, 10380 Karston Avenue NE, said the impact would be tough on families and should not be taxpayer funded. He stated there are transparency issues and families and businesses in the area are struggling. He stated that the levy increase just approved cancels out the cost of living increase that people receive. He questioned why hockey practices could not be held on Agenda Page 9 City Council Meeting Minutes Page 5 Regular Meeting of December 7, 2015 outdoor rinks. Dominick questioned the bank loan the STMA YHA received. Nafstad replied that YHA is to have the $1 million upfront to help with preliminary consulting and design work. Chris Hanson of STMA YHA clarified the terms of the bank loan the group had received and terms of payback. Motioned by Olson, seconded by Sorensen, to Support Proposed Schedule as a Tentative Project Outline. Ayes: Hendrickson, Hudson, Olson, Sorensen, and Vetsch. Nays: None. Absent: None. MOTION DECLARED CARRIED. 2). Federal Lobbying Services – Andy Burmeister (Lockridge, Grindal, Nauen) Andy Burmeister from LGN was present at the meeting. He stated that the firm works with communities to assist with federal lobbying needs. He stated LGN has offices in Minneapolis and Washington D.C. They have experience working with Economic Development and Transportation lobbying and can help to raise the visibility of Albertville’s priorities. 3). City Administrator’s Update Nafstad stated that staff works very hard to make sure items and information are available to the public and he stated they have limited resources. He stated the FAQ sheet is a manageable task, but staff has not received a lot of feedback. Olson felt that the City has done a very good job of making documents available and does not believe there is a transparency issue. He emphasized that videos are available to view to see actual comments. Hudson stated that there are two different perspectives at play. One is the insider perspective that the City is compliant with posting requirements. He reported that the second perception is those who feel their voice doesn’t count and would not come to the counter at City Hall to seek out information. Perhaps they need to look at doing something different for those projects that are unusual and different in scope. He inquired about part-time help to assist with communications, especially during budget season. He stated that the information is there for people who are actively looking for it; there are those residents that expect to be notified when something is happening. Hendrickson stated that more communication costs money or they could look for a volunteer. Hendrickson stated that Council members shouldn’t have to announce events on their Facebook, but she also as a taxpayer doesn’t want to pay for staff to sit on Facebook. Olson stated that they must be fair in regards to other City projects such as rezoning or signs, etc. Sorensen agreed and inquired where does it stop and what projects should be targeted. They would have to determine what point staff would have to begin social media engagement. It was agreed that the city should look at this closely during the next budget season. Nafstad asked Council to let staff know if they have concerns with communication. 9. ANNOUNCEMENTS AND/OR UPCOMING MEETINGS Hendrickson reported there is a Wright County Economic Development Partnership event at the St. Michael Movie Theater at 4:00 p.m. on Thursday, December 10, 2015. December 14 STMA Ice Arena Board, 6:00 p.m. Agenda Page 10 City Council Meeting Minutes Page 6 Regular Meeting of December 7, 2015 December 21 City Council, 7:00 p.m. December 24 & 25 Christmas Eve/Day, City Offices Closed December 28 Joint Powers Water Board, 6:00 p.m. Dec. 31/Jan. 1 New Year’s Day, (City Offices Closed Dec. 31, Public Works Closed Jan.1) January 4 City Council, 7:00 p.m. January 6 Fire Advisory Committee, 6:00 p.m. January 11 STMA Ice Arena Board, 6:00 p.m. January 12 Planning Commission, 7:00 p.m. January 18 Martin Luther King, Jr. Day, City Offices Closed January 19 City Council, 7:00 p.m. January 25 Joint Powers Water Board, 6:00 p.m. Parks Committee, 8:00 p.m. 10. ADJOURNMENT Motioned by Hendrickson, seconded by Sorensen, to adjourn the meeting at 8:38 p.m. Ayes: Hendrickson, Hudson, Olson, Sorensen, and Vetsch. Nays: None. Absent: None. MOTION DECLARED CARRIED. Respectfully submitted, ___________________________________ Kimberly A. Olson, City Clerk Agenda Page 11 Mayor and Council Request for Action M:\Public Data\City Council\Council Packet Information\2015\122115\2015-12-21 Finance Bills Report (RCA).doc Meeting Date: December 21, 2015 December 17, 2015 SUBJECT: CONSENT - FINANCE – PAYMENT OF BILLS RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Authorize the Monday, December 21, 2015 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. MOTION TO: Authorize the payment of all just claims received by December 31, 2014, which would be the year-end closeout of payments of claims. 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 12 Mayor and Council Request for Action M:\Public Data\City Council\Council Packet Information\2015\122115\2015-12-15 Official Designations RCA.doc Meeting Date: December 21, 2015 December 15, 2015 SUBJECT: CONSENT - CITY CLERK - 2016 OFFICIAL DESIGNATIONS AND APPOINTMENTS RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Approve Resolution 2015-046 designating officials, consulting firms, and depositories for 2016. BACKGROUND: Each year, the City Council must designate City officials, the official newspaper for City legal publications, official depositories, and consultants to the City. These designations will be effective January 1, 2016. KEY ISSUES: • An Acting Mayor must be appointed in case of absence of the Mayor to conduct a City Council meeting. • All consultants have expressed interest to continue their service. • The North Crow River News has submitted a letter expressing their interest to remain the City’s official newspaper. • Staff recommends the depositories stay the same as the previous year and would include: Bank of Elk River Dain Rauscher Financial Security Bank FTN Financial LMC 4M Fund Northland Securities, Inc. Premier Bank USB Financial Services, Inc. Wachovia Securities LEGAL ISSUES: The Mayor and City Council have the authority to review and approve designations. Responsible Person/Department: Kimberly Olson, City Clerk Submitted by: Adam Nafstad, City Administrator-PWD Attachments: Resolution No. 2015-046 Letter from Crow River News Agenda Page 13 Agenda Page 14 Page 1 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2015-046 A RESOLUTION DESIGNATING THE OFFICIAL NEWSPAPER, OFFICIAL DEPOSITORIES, AND CITY CONSULTANTS FOR 2016 WHEREAS, it has been the policy of the Albertville City Council to make annual designations and appointments at the beginning of each year, and; WHEREAS, the City Council of Albertville, Minnesota, establishes the following are appointed and designated for the year 2016: Acting Mayor: John Vetsch Animal Control: Monticello Animal Control Assistant Weed Inspector: Public Works Supervisor, Tim Guimont Bond Counsel: Briggs & Morgan Kennedy & Graven Building Official Paul Heins, City of St. Michael City Attorney: Couri & Ruppe, P.L.L.P. City Engineer: Adam Nafstad, P.E. City Planner: Northwest Associated Consultants Consulting Engineer: Bolton & Menk, Inc. Financial Advisor: Northland Securities Springsted, Inc. Official Newspaper: North Crow River News (Sun Media) Official Depositories: Bank of Elk River Dain Rauscher Financial Security Bank FTN Financial LMC 4M Fund Northland Securities, Inc. Agenda Page 15 City of Albertville Resolution No. 2015-046 Page 2 Premier Bank USB Financial Services, Inc. Wachovia Securities/Wells Fargo Tax Increment Consultants: Briggs & Morgan Kennedy & Graven NOW, THEREFORE, BE IT RESOLVED, that such appointments and designations shall take effect on January 1, 2016 and shall continue for the remainder of the year or until such time as a successor is appointed by the City Council. Adopted this 21st day of December, 2015 by the Albertville City Council. Jillian Hendrickson, Mayor ATTEST: Kimberly A. Olson, City Clerk Agenda Page 16 Mayor and Council Request for Action M:\Public Data\City Council\Council Packet Information\2015\122115\2015-12-21 Appointments to Boards and Committees.doc Meeting Date: December 21, 2015 December 16, 2015 SUBJECT: ADMINISTRATION – 2016 APPOINTMENTS TO BOARDS AND COMMITTEES RECOMMENDATION: It is respectfully requested that the Mayor and Council review and revised the attached consider the following: MOTION TO: Approve Resolution 2015-047 appointing City Council members to various boards and committees for 2016. BACKGROUND: Each year, the City Council must make appointments to the City’s various boards and committees. KEY ISSUES: • Alternates are appointed to the boards and committees to serve in the absence of the appointed Council Member. Staff appointments are also made to the boards and committees. • The Public Safety Committee has been changed to more accurately reflect the nature of the committee to the Emergency Management Committee. This change still meets statutory requirements. • Below is the general or historical frequency, day and time the boards and committees generally meet: Board/Committee Frequency Day/Week Time Beyond the Yellow Ribbon Committee As Needed Cable TV Board As Needed Civil Defense Director As Needed Economic Development Authority (EDA) As Needed Fire Board – Albertville & Otsego 1-4x/Qtr 2nd Wed. 6:00 p.m. Fire Relief Association Representatives 1x/Qtr FYCC 1x/month 3rd Wed. 7:30 a.m. Joint Powers Water Board 1x/month 4th Mon. 6:00 p.m. Library As Needed Otsego Creek Authority As Needed Parks & Recreation Committee Every other month 4th Mon. 8:00 p.m. Personnel Committee As Needed Planning Commission 1x/month 2nd Tues. 7:00 p.m. Public Safety Committee As Needed Public Works Committee As Needed STMA Ice Arena Board 1x/month 2nd Mon. 6:00 p.m. Wright County Area Transit (WCAT) 1x/month 3rd Tues. 2:00 p.m. Agenda Page 17 Mayor and Council Communication – December 21, 2015 2016 Appointments to City Boards and Committees Page 2 of 3 M:\Public Data\City Council\Council Packet Information\2015\122115\2015-12-21 Appointments to Boards and Committees.doc Meeting Date December 21, 2015 Draft Appointments for Council Review: Note: Highlighted appointments represent changes from 2015 Committee/Board 2015 Appointments 2016 Appointments Beyond the Yellow Ribbon* Larry Sorenson Rob Olson Alternate – John Vetsch Larry Sorenson Rob Olson Alternate – John Vetsch Cable TV Board John Vetsch John Vetsch Civil Defense Director Fire Chief Tate Mills Fire Chief Eric Bullen EDA Mayor and all Council members Mayor and all Council members Joint Fire Board – Albertville & Otsego Larry Sorensen Rob Olson Fire Chief Finance Director City Administrator Larry Sorensen Rob Olson Fire Chief Finance Director City Administrator Fire Relief Association Representatives Chief and Asst. Fire Chief Larry Sorenson City Administrator Chief Larry Sorenson City Administrator FYCC Rob Olson Alternate – Jillian Hendrickson Rob Olson Alternate – Jillian Hendrickson Joint Powers Water Board Jillian Hendrickson John Vetsch Alternate – Walter Hudson Jillian Hendrickson John Vetsch Alternate – Walter Hudson Library Jillian Hendrickson Jillian Hendrickson Otsego Creek Authority John Vetsch Alternate – Walter Hudson Planning Commission Rep. John Vetsch Alternate – Walter Hudson Planning Commission Rep. Parks & Recreation Committee John Vetsch Walter Hudson Public Works Supervisor John Vetsch Public Works Supervisor Personnel Committee Jillian Hendrickson Rob Olson Jillian Hendrickson Rob Olson Planning Commission Walter Hudson Alternate – Rob Olson Walter Hudson Alternate – Rob Olson Public Safety Committee Larry Sorensen Rob Olson Fire Dept. Representative Alternate – Walter Hudson Larry Sorensen Rob Olson Fire Chief Alternate – Walter Hudson Public Works Committee Larry Sorensen John Vetsch Public Works Supervisor City Administrator Larry Sorensen John Vetsch Public Works Supervisor City Administrator STMA Ice Arena Board Walter Hudson John Vetsch Alternate – Jillian Hendrickson Arena Manager – Grant Fitch Administrator and Finance Dir. Walter Hudson John Vetsch Alternate – Jillian Hendrickson Arena Manager – Grant Fitch Administrator and Finance Dir. Wright County Area Transit* Jillian Hendrickson City Administrator Jillian Hendrickson City Administrator Agenda Page 18 Mayor and Council Communication – December 21, 2015 2016 Appointments to City Boards and Committees Page 3 of 3 M:\Public Data\City Council\Council Packet Information\2015\122115\2015-12-21 Appointments to Boards and Committees.doc Meeting Date December 21, 2015 LEGAL ISSUES: The Mayor and City Council have the authority to review and approve appointments to boards and committees of the City. Submitted by: Adam Nafstad, City Administrator-PWD Attachments: Resolution No. 2015-047 Agenda Page 19 Page CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2015-047 A RESOLUTION APPOINTING CITY COUNCIL MEMBERS TO BOARDS AND COMMITTEES FOR 2016 WHEREAS, it has been the policy of the Albertville City Council to make annual appointments of the City Council members to its various boards and committees at the beginning of each year, and; WHEREAS, the City Council establishes the following are appointed for the year 2015: Beyond the Yellow Ribbon Committee Larry Sorenson Rob Olson Alternate – John Vetsch Cable TV Board John Vetsch Civil Defense Director Fire Chief Economic Development Authority (EDA) Mayor and all Council members Emergency Management Committee Larry Sorensen Rob Olson Fire Chief Alternate – Walter Hudson Fire Board – Albertville & Otsego Larry Sorensen Rob Olson Fire Chief Finance Director City Administrator Fire Relief Association Representatives Fire Chief Larry Sorenson City Administrator FYCC Rob Olson Alternate – Jillian Hendrickson Joint Powers Water Board Jillian Hendrickson John Vetsch Alternate – Walter Hudson Agenda Page 20 City of Albertville Resolution No. 2015-047 Page 2 Library Jillian Hendrickson Otsego Creek Authority John Vetsch Alternate –Walter Hudson Planning Commission Rep Parks & Recreation Committee John Vetsch Alternate - Walter Hudson Public Works Supervisor Personnel Committee Jillian Hendrickson Rob Olson Planning Commission Walter Hudson Alternate – Rob Olson Public Works Committee Larry Sorensen John Vetsch Public Works Supervisor City Administrator STMA Ice Arena Board Walter Hudson John Vetsch Alternate – Jillian Hendrickson Arena Manager City Administrator Finance Director Wright County Area Transit (WCAT) Jillian Hendrickson City Administrator NOW, THEREFORE, BE IT RESOLVED, that such appointments shall take effect on the date thereof and shall continue for the remainder of the year or until such time as a successor is appointed by the City Council. Adopted this 21st day of December, 2015 by the Albertville City Council. Jillian Hendrickson, Mayor ATTEST: Kimberly A. Olson, City Clerk Agenda Page 21 Mayor and Council Request for Action M:\Public Data\City Council\Council Packet Information\2015\122115\2015-12-21 Fire Hall Liquor License.doc Meeting Date: December 21, 2015 December 17, 2015 SUBJECT: CONSENT – CITY CLERK – ONE-DAY TEMPORARY CONSUMPTION AND DISPLAY LIQUOR LICENSE AND EXEMPTION FROM LIQUOR CONSUMPTION FOR THE ALBERTVILLE FIRE HALL RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: • Approve a One-Day Temporary Consumption and Display Liquor License for January 23, 2016 for the Albertville Fire Hall, located at 11350 57th Street NE. • Approve an Exemption from the Prohibition of Consumption of Liquor at the Fire Hall for January 23, 2016. BACKGROUND: Annually, the Albertville Fire Department holds a department-wide party and dinner event. Members and guests are allowed to consume alcoholic beverages at the event. No liquor sales will occur at the event, so a One-Day Temporary Consumption and Display Liquor License must be obtained in order to consume alcoholic beverages. In addition, City Code Section 8-4-2 prohibits the following: LIQUOR CONSUMPTION: A. Prohibited Areas: The consumption of alcohol is prohibited at the fire hall, the public works facility, the wastewater treatment facility and on any of the property on which those facilities are located unless the city has issued a permit for such consumption pursuant to subsection B of this section. Therefore, the Albertville Fire Department is seeking a One-Day exemption from this prohibition. KEY ISSUES: • This is a one-time annual event and the St. Michael Fire Department covers all Albertville Fire calls for the evening. POLICY/PRACTICES CONSIDERATIONS: The Mayor and City Council have the authority to approve or deny liquor licenses. FINANCIAL CONSIDERATIONS: There is no fee for the One-Day Temporary Consumption and Display Liquor License. Responsible Person/Department: Kimberly A. Olson, City Clerk Submitted Through: Adam Nafstad, City Administrator-PWD Attachments: One-Day Temporary Consumption and Display Liquor License Application Agenda Page 22 Agenda Page 23 Mayor and Council Request for Action M:\Public Data\City Council\Council Packet Information\2015\122115\2015-12-21 Holidays for 2016 RCA.doc Meeting Date: December 21, 2015 December 16, 2015 SUBJECT: CONSENT - CITY CLERK - 2016 CITY OBSERVED HOLIDAYS RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider passing the following: MOTION TO: Approve Resolution No. 2015-048 entitled a Resolution Establishing the 2016 City Observed Holidays. BACKGROUND: Each year a resolution is required establishing holidays that are observed by the City for the upcoming year. POLICY/PRACTICES CONSIDERATIONS: The Albertville City Offices follow the general practice of observing set U.S. legal holidays with the exception of Columbus Day, which has previously been taken as a floating holiday for the Friday after Thanksgiving Day. City Hall staff in on a four day work week and the holiday hours from the Friday after Thanksgiving are evened out over the remaining holidays to provide 10 hours of vacation for those 10 hour days (see attached resolution and chart). It is proposed for City Hall to close at 12:00 noon on Christmas Eve. City employees would be allowed to use vacation or comp-time for the remaining hours and Public Works employees are allotted five hours of holiday pay for Christmas Eve. FINANCIAL CONSIDERATIONS: There are no financial considerations as it relates to approval of the Resolution setting the 2016 City Observed Holidays. LEGAL ISSUES: The City Council has the authority to set the annual holiday schedule. Responsible Person/Department: Kimberly Olson, City Clerk Reviewed by: Adam Nafstad, City Administrator-PWD Attachments: Resolution No. 2015-048 Agenda Page 24 Page 1 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2015-048 A RESOLUTION ESTABLISHING THE 2016 CITY OBSERVED HOLIDAYS WHEREAS, the City Council is desirous of establishing the 2015 City Observed Holidays for the City of Albertville effective December 31, 2015; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Albertville, Wright County, Minnesota, hereby establishes the following 2016 City Observed Holidays: New Year’s Day January 1 Martin Luther King Jr. Day January 18 Presidents’ Day February 15 Memorial Day May 30 Independence Day July 4 Labor Day September 3 Veterans Day November 10 (City Hall) November 11 (Public Works) Thanksgiving Day November 24 Friday after Thanksgiving Day November 25 (Public Works/Utilities employees only) Christmas Eve (1/2) December 24 (Public Works/Utilities employees only) Christmas Day December 25 Adopted by the City Council of the City of Albertville this 21st day of December 2015. Jillian Hendrickson, Mayor ATTEST: Kimberly A. Olson, City Clerk Agenda Page 25 City of Albertville Resolution No. 2015-048 Meeting of December 21, 2015 Page 2 City Hall Employees Public Works/Utilities Employees 8 hours New Year’s Day, 2 hours vacation or comp-time 8 hours New Year’s Day 10 hours Martin Luther King Jr. Day 8 hours Martin Luther King Jr. Day 10 hours Presidents’ Day 8 hours Presidents’ Day 10 hours Memorial Day 9 hours Memorial Day 10 hours Independence Day 9 hours Independence Day 10 hours Labor Day 9 hours Labor Day 10 hours Veterans Day 8 hours Veterans Day 10 hours Thanksgiving Day 8 hours Thanksgiving Day 0 hours Christmas Eve – City Hall closes at 12:00 noon. Vacation, comp- time must be used 8 hours Friday after Thanksgiving Day 10 hours Christmas Day 5 hours Christmas Eve Day 88 hours Total 8 hours Christmas Day 88 hours Total Agenda Page 26 Mayor and Council Request for Action M:\Public Data\City Council\Council Packet Information\2015\122115\2015-12-21 Official Council Meetings for 2016.doc Meeting Date: December 21, 20158 December 16, 2015 SUBJECT: CONSENT - CITY CLERK- 2016 CITY COUNCIL MEETING DATES RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider the following: MOTION TO: Approve Resolution No. 2015-049 Establishing the 2016 City Council Regular Meeting Dates. BACKGROUND: Each year the City Council shall identify its official meeting dates for the coming year. KEY ISSUES: • There are several recognized holidays that fall on the first and/or third Mondays throughout the year. These include: Monday, January 18, 2016 – Martin Luther King Jr. Day Monday, February 15, 2016 - President’s Day Monday, July 4, 2016 – Independence Day Monday, September 5, 2016 – Labor Day The City Council meetings that would normally meet on these days have been moved to the Tuesday immediately following the holiday. • Generally, if a fifth Monday falls during a calendar month, the Cities of Albertville and St. Michael and the STMA School Board have generally set a joint meeting for the fifth Monday. POLICY/PRACTICES CONSIDERATIONS: Council may choose to change, add or delete meetings as needed throughout the year and will be required to post notice at least 72 hours in advance of changes, cancellations, or additional meetings. FINANCIAL CONSIDERATIONS: There are no financial considerations. LEGAL ISSUES: The City Council has the authority to set its official meeting dates each year. Responsible Person/Department: Kimberly A. Olson, City Clerk Submitted by: Adam Nafstad, City Administrator-PWD Attachments: Resolution No. 2015-049 2016 Calendar of City Meetings Agenda Page 27 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2015-049 A RESOLUTION ESTABLISHING THE 2016 CITY COUNCIL REGULAR MEETING SCHEDULE WHEREAS, the City Council may declare its official regular meeting schedule each year, and; WHEREAS, the regular City Council meetings are scheduled the first and third Mondays of each month and will be scheduled to Tuesday should it fall on an observed holiday, and; WHEREAS, the regular City Council meetings begin at 7:00 p.m. and are to be held in the City Hall Council Chambers unless noticed in advance, and; NOW, THEREFORE, BE IT RESOLVED that the City Council of Albertville, Wright County, Minnesota, hereby establishes the following 2016 regular City Council meetings: January 4 July 5 - Tuesday January 19 – Tuesday July 18 February 1 August 1 February 16 – Tuesday August 15 March 7 September 6 – Tuesday March 21 September 19 April 4 October 3 April 18 October 17 May 2 November 7 May 16 November 21 June 6 December 5 June 20 December 19 Adopted by the City Council of the City of Albertville this 21st day of December 2015. Jillian Hendrickson, Mayor ATTEST: Kimberly A. Olson, City Clerk Agenda Page 28 2016 Official Meeting Calendar Su M Tu W Th F Sa Su M Tu W Th F Sa Su M Tu W Th F Sa H 1 2 CC 1 2 3 4 5 6 1 2 3 4 5 3 CC 4 5 FAC6 7 8 9 7 Ice 8 PC 9 10 11 12 13 6 CC 7 PC8 9 10 11 12 10 Ice 11 PC 12 13 FB14 15 16 14 H 15 CC16 17 18 19 20 13 Ice 14 15 16 17 18 19 17 H 18 CC 19 20 21 22 23 21 JP 22 23 24 25 26 27 20 CC 21 22 23 24 25 26 24 31 Su M Tu W Th F Sa Su M Tu W Th F Sa Su M Tu W Th F Sa 1 2 1 CC 2 3 4 5 6 7 1 2 3 4 3 CC 4 5 FAC6 FB 7 8 9 8 Ice 9 PC 10 11 12 13 14 5 CC 6 7 AFCD8 9 10 11 10 Ice 11 PC12 13 14 15 16 15 CC 16 17 18 19 20 21 12 Ice 13 PC14 15 16 17 18 17 CC18 19 20 21 22 23 22 JP23PK 24 25 26 27 28 19 CC 20 21 22 23 24 25 Su M Tu W Th F Sa Su M Tu W Th F Sa Su M Tu W Th F Sa 1 2 CC 1 2 3 4 5 6 1 2 3 3 H 4 CC 5 FAC6 7 8 9 7 Ice 8 ED 9 10 PC11 12 13 4 H 5 CC 6 7 8 9 10 10 Ice 11 PC12 13 FB14 15 16 14 CC 15 16 17 18 19 20 11 Ice 12 PC13 14 15 16 17 17 CC 18 19 20 21 22 23 21 JP 22 23 24 25 26 27 18 CC 19 20 21 22 23 24 31 Su M Tu W Th F Sa Su M Tu W Th F Sa Su M Tu W Th F Sa 1 1 2 3 4 5 1 2 3 2 CC 3 4 FAC5 FB 6 7 8 6 CC 7 ED 8 PC9 H 10 11 12 4 CC 5 6 7 8 9 10 9 Ice 10 PC11 12 13 14 15 13 Ice 14 15 16 17 18 19 11 Ice 12 PC13 14 15 16 17 16 CC 17 18 19 20 21 22 20 CC 21 22 23 H 24 H 25 26 18 CC 19 20 21 22 23 24 23 JP24 30 31 30 JM 31 CC City Council Meeting, 7:00 p.m. PC Planning Commission, 7:00 p.m. Ice STMA Arena Board, 6:00 p.m. H Holiday (City offices closed) JP Joint Powers Water Board, 6:00 p.m. AFCD Albertville Friendly City Days PK JM Joint Governance Meeting, 6:00 p.m. ED Election Day, 7:00 a.m.-8:00 p.m.FAC Fire Advisory Committee, 6:00 p.m. FB Fire Business Meeting, 8:00 p.m.(Revised 12-17-15) JM29 25 H 26 JP 27 28 27 28 28 29 25 26 27 28 29292930 OCTOBER NOVEMBER DECEMBER 25 JP26PK3028 JULY AUGUST SEPTEMBER JP25PK 29 3026272829 26 JP 2729 JM29 30 31 H 30 31 MAY JUNE 24 JP 25 26 27 28 29 30 30 27 JP28PK 29 30 31 MARCH JP25PK 26 27 28 29 30 28 24 Parks Committee, 8:00 p.m. 27 JP28PK JANUARY FEBRUARY APRIL Agenda Page 29 M:\Public Data\City Council\Council Packet Information\2015\122115\2015-12-21 Fire Washing Machine Grant RCA.doc Meeting Date: December 21, 2015 Mayor and Council Request for Action _____________________________________________________________________________ December 17, 2015 SUBJECT: CONSENT - FIRE DEPARTMENT- PURCHASE AND INSTALLATION OF TURN-OUT GEAR WASHER/EXTRACTOR THROUGH THE STATE FIRE MARSHAL GRANT PROGRAM RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider the following: MOTION TO: Authorize the purchase and installation of a turn-out gear washer/extractor at the Albertville Fire Station at a project bid cost of $13,184. BACKGROUND: The Albertville Fire Department received a MN Fire Department Turn-out Gear Washer/Extractor Grant through the MN Fire Marshal’s Office in the amount of $10,000. The Grant is a reimbursable grant and requires a municipal contribution. The Albertville Fire Department was authorized to purchase a UniMac 40 lb UNC040KNFX gear washer/extractor through the grant award. The final project bid price of the gear washer / extractor project is outlined below: UniMac 40 lb. gear washer $6790.00 8” Steel Base $ 373.00 Delivery and Installation $ 738.00 Factory Freight $ 366.00 Electrical Estimate $ 500.00 Plumbing Estimate $4,417.00 Final Project Bid Price $13,184.00 Grant Award -$10,000.00 Required City Contribution $3,184.00 The required local contribution and remaining total ($3,184.00) will be paid as a planned purchase and part of the Fire Department’s capital equipment budget. Staff is recommending approval the purchase and installation of a turn-out gear washer/extractor at the Albertville Fire Station at a project bid cost of $13,184. Agenda Page 30 Mayor and Council Request for Action – December 21, 2015 Purchase of Turn-Out Gear Washer Page 2 of 2 M:\Public Data\City Council\Council Packet Information\2015\122115\2015-12-21 Fire Washing Machine Grant RCA.doc Meeting Date: December 21, 2015 KEY ISSUES: • The Fire Chief and City Staff have reviewed the purchase and are recommending Council action. • The turn-out gear purchase is being paid for with a MN Fire Department Turn-out Gear Washer/Extractor Grant through the MN Fire Marshal’s Office, with the remaining project cost coming from the Fire Department’s capital equipment budget. • The Fire Department was one of only 25 Departments in the State to receive the Grant. • The upcoming capital purchases have been discussed at Joint Fire Committee and Fire Department meetings. POLICY CONSIDERATIONS: It is City policy for the Council to review and approve all capital purchases and investments. FINANCIAL CONSIDERATIONS: The cost associated with turn-out gear washer/extractor project will be funded through an MN Fire Department Turn-out Gear Washer/Extractor Grant through the MN Fire Marshal’s Office, with the remaining balance coming from Fire Department capital reserves. Approximately 40% of the capital equipment budget is funded as part of the service agreement with Otsego. LEGAL CONSIDERATIONS: The City has the authority to purchase equipment under the State of Minnesota contract or by quotes. Responsible Person/Department: Fire Chief Bullen, Fire Department Submitted Through: Adam Nafstad, City Administrator-PWD Supplemental Information: Project scope and pricing on file and available upon request Agenda Page 31 Mayor and Council Request for Action M:\Public Data\City Council\Council Packet Information\2015\122115\2015-12-21 LMCIT insurance (RCA).doc Meeting Date: December 21, 2015 December 17, 2015 SUBJECT: CONSENT - FINANCE – LMCIT INSURANCE RENEWAL RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Approve League of Minnesota Cities Insurance Trust Quote for 2016 coverage. MOTION TO: Approve resolution 2015-050 for No-Fault Sewer Back-up/Water Main Breakage at the per connection coverage limit of $25,000. BACKGROUND: The City annually renews its insurance coverage through the League of Minnesota Cities. KEY ISSUES: • Determination of coverage limits in conjunction with premium for No-Fault Sewer Back- up/Water Main Breakage. The City in the past has opted to purchase this insurance for a limit of $25,000 per connection. • The League’s quote includes the $25,000 limit per connection in which the premium for 2016 would be $2,685, which is staff’s recommendation, or the Council may opt for either of the two following options: o $10,000 limit per connection in which the premium for 2016 would be $2,451 o $40,000 limit per connection in which the premium for 2016 would be $3,611 POLICY/PRACTICES CONSIDERATIONS: It is the City’s policy to review and approve the League of Minnesota Cities Insurance coverage on an annual basis. FINANCIAL CONSIDERATIONS: City staff has reviewed and recommends approval of the renewal quote with the $25,000 limit for No-Fault Sewer Back-up/Water Main Breakage. LEGAL CONSIDERATIONS: This coverage will protect the City and its residents in the event a sewer backup or water main break occurs. Without this coverage, the City may be liable for damage to a home if a sewer backup caused by the City’s negligence causes damage to someone’s property. While the $25,000 limit may not cover all damage that occurs, it will completely cover many damage claims, and will greatly help with the cost of those that are over $25,000. The City Attorney recommends that the Council purchase at least the $25,000 coverage, as virtually all sewer backups that occur would exceed the $2,685 premium cost for this policy. Agenda Page 32 Mayor and Council Request for Action – December 3, 2012 Finance – Payment of Claims Page 2 of 2 M:\Public Data\City Council\Council Packet Information\2015\122115\2015-12-21 LMCIT insurance (RCA).doc Meeting Date: December 3, 2012 Responsible Person: Tina Lannes, Finance Director Submitted through: Adam Nafstad, City Administrator-PWD Attachment: LMCIT quote Resolution 2015-050 Agenda Page 33 CITY OF ALBERTVILLE PROPERTY/CASUALTY RENEWAL PREMIUM SUMMARY 10/01/2015 to 10/1/2016 Coverages Premiums 2014-2015 2015-2016 Property $37,934 $37,018 Equipment Breakdown $3,269 $3,147 Mobile Property $3,151 $3,046 Crime Included Included Faithful Performance Bond $555 $555 Municipal Liability $18,315 $21,053 Auto Liability $2,069 $1,922 Auto Physical Damage $9,223 $8,568 Defense Cost Reimbursement Included Included Petrofund Included Included Fireworks Not Covered Not Covered No Fault Sewer Back Up @ $25,000 $2,066 $2,685 PROPERTY/CASUALTY PACKAGE $76,582 $77,994 Liquor Liability Not Covered Not Covered Excess Liability $6,901 $7,220 TOTAL P/C PREMIUM $83,483 $85,214 Agenda Page 34 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2015-050 RESOLUTION ESTABLISHING LIMITED CLEAN UP AND PROPERTY DAMAGE PROTECTION FOR SEWER BACK-UPS AND WATER MAIN BREAKS FOR WATER AND SEWER CUSTOMERS WHEREAS, the City of Albertville (the Governmental Unit) provides water and sanitary sewer services to property within its jurisdiction; and, WHEREAS, water main breaks may cause water to enter into property causing damage; and, WHEREAS, blockages or other conditions in the Governmental Unit’s sanitary sewer lines may cause the back-up of sewage into properties that are connected to those Governmental Unit’s sanitary lines; and, WHEREAS, water main breaks and sewer back-ups pose a public health and safety concern; and, WHEREAS, it may be difficult to determine the exact cause and responsibility for a water main break or sanitary sewer back-ups and, WHEREAS, the Governmental Unit desires to encourage the expeditious clean-up of properties that have encountered damage from water main breaks and sewer back-ups; and, WHEREAS, the Governmental Unit desires to minimize the potential of expensive lawsuits arising out of water main breaks and sanitary sewer back-up claims; and, WHEREAS, the Governmental Unit is a member of the League of Minnesota Cities Insurance Trust (LMCIT); and, WHEREAS, LMCIT has offered the Governmental Unit limited “no fault” sewer coverage and water main break coverage (No-Fault Coverage) that will reimburse users of the water and sewer system for certain clean-up costs and property damage regardless of whether the Governmental Unit is at fault. NOW THEREFORE, BE IT RESOLVED, as follows: The Governmental Unit, will reimburse water and sanitary sewer customers for up to $25,000 of clean-up costs and property damages caused by a water main break or sanitary sewer back-up, regardless of whether the Governmental Unit is negligent or otherwise legally liable for damages, subject to the following conditions: Agenda Page 35 City of Albertville Resolution No. 2015-050 Meeting of November 2, 2015 Page 2 I. Sanitary Sewer Back-Ups. For Sanitary sewer back-ups: A. The back-up must have resulted from a condition in the Governmental Unit’s sanitary sewer system or lines, and not from a condition in a private line. B. The back-up must not have been caused by any catastrophic weather or other event which has been declared by the President of the United States to be a major disaster pursuant to 42 U.S.C. §§ 5121-5206, commonly known as the Stafford Act. C. The back-up must not have been caused by an interruption in electric power to the Governmental Unit’s sewer system or to any Governmental Unit lift station, which continues for more than 72 hours. D. The back-up must not have been caused by an amount of precipitation equivalent to rainfall amounts which exceed: • 2.0 inches in a 1-hour period; or • 2.5 inches in a 3-hour period; or • 3.0 inches in a 6-hour period; or • 3.5 inches in a 12-hour period; or • 4.0 inches in a 24-hour period; or • 4.5 inches in a 72-hour period; or • 5.5 inches in a 168-hour period. E. Neither the Governmental Unit nor LMCIT will reimburse any costs which have been or are eligible to be covered under a property owner’s own homeowners’ or other property insurance, or which would be eligible to be reimbursed under a National Flood Insurance Protection (NFIP) policy, whether or not the property owner actually has NFIP Coverage. F. The maximum amount that the Governmental Unit or LMCIT will reimburse is $25,000 per building, per year. A structure or group of structures served by a single connection to the Governmental Unit’s sewer system is considered a single building. II. Water Main Breaks. For water main breaks: A. Neither the Governmental Unit nor LMCIT will reimburse any costs which have been or are eligible to be covered under a property owner’s own homeowners’ or other property insurance B. The maximum amount that the Governmental Unit or LMCIT will reimburse is $25,000 to any claimant, regardless of the number of occurrences or the number of properties affected. C. Neither the Governmental Unit nor LMCIT will pay more than $250,000 for water main break damages resulting from any single occurrence. All water main break damage which occurs during any period of 72 consecutive hours is deemed to result from a single occurrence. If the total water main break damage for all claimants in a single occurrence exceeds $250,000, the reimbursement to each claimant will be calculated as follows: 1. A preliminary reimbursement figure is established for each claimant, equal to the lesser of the claimant’s actual damages or $25,000. 2. The sum of the preliminary reimbursement figures for all claimants will be calculated. Agenda Page 36 City of Albertville Resolution No. 2015-050 Meeting of November 2, 2015 Page 3 3. Each claimant will be paid a percentage of his or her preliminary reimbursement figure, equal to the percentage calculated by dividing $250,000 by the sum of all claimants’ preliminary reimbursement figures. III. The Governmental Unit’s determination to make these payments is contingent on and expressly limited to the extent that No-Fault Coverage is in force and available to reimburse the Governmental Unit for the costs set forth herein. IV. The Governmental Unit retains the right, in its sole discretion, to revoke, rescind, or modify this resolution at any time. V. The Governmental Unit hereby rescinds any resolution providing no-fault sewer backup coverage and water main break coverage. IN WITNESS WHEREOF, the Governmental Unit, by action of its governing body, caused this Resolution to be approved on this 2nd day of November 2015. _________________________________ Jillian Hendrickson, Mayor ATTEST: _______________________________ Kimberly A. Olson, City Clerk Agenda Page 37 ST. MICHAEL-ALBERTVILLE ICE ARENA BOARD MINUTES December 14, 2015 6:00 p.m. Present: Chairman Chris Schumm, Members Jeff Lindquist, Gayle Weber, John Vetsch, Cody Gulick, and Walter Hudson were present. Also present: City Administrator Adam Nafstad, STMA Ice Arena Manager Grant Fitch, City Finance Director Tina Lannes, Albertville City Council Member Larry Sorensen, Youth Hockey Association Roger Lucy and Chris Hanson. The meeting was called to order at 6:00 p.m. by Chairman Schumm. Set Agenda Members Gulick\Hudson moved to set the agenda as presented. All voted aye. Approval of Minutes Members Lindquist\Weber moved to approve the minutes of the November 9, 2015 Board Meeting as presented. All voted aye. Finance Reports Hudson mentioned that he received a question from a resident on whether or not there is a belief that the ice arena will balance out by the end of the year. Lannes reported that the normal activity is the money for the STMA Ice Arena that is built up over the hockey season and gets depleted during the summer months of operation. In general, by the end of the year, the revenues usually balance out with the expenses and provide a positive cash flow at the end of the year. Members Vetsch\Hudson moved to approve the November list of claims totaling $10,649.92 and the November Financial Report as presented. All voted aye. Arena Manager’s Report Fitch updated the Board that the locker room doorways have been installed, the roof snow retention project on the roof has been completed, and that Bill Yonkers (part-time employee) has resigned effective December 31, 2015. Fitch is looking at hiring a few part-time employees and is in the process of working with the Minnesota Work Experience program to provide a few hours a week for non-paid students to gain work experience. Chairman Schumm requested staff to look into probation kids to work also through Wright County, but to ask Terry at the school because they provide the opportunity for the probation office. Fitch mentioned the limited space during a hockey game. Lindquist asked about seating. Fitch and Nafstad explained to the Board the seating capacity of the Ice Arena and the limit of people allowed in the building according to the fire code. The seating capacity on the bleachers is about 300, but the fire code is 997 on the rink side based on Building Code for exiting. Second Sheet Expansion Discussion Chairman Schumm started the discussion mentioning that Albertville Council moved ahead on the process for the second sheet and the School Board went backwards and referred to Member Lindquist. Member Lindquist updated the Board on what happened at the School Board meeting last week that the Chairman took a pulse of the Board Members to see if there was still a consensus to support the abatement process. The School Board has not taken an official vote on anything for the expansion of the Ice Arena except for ancillary items. The pulse check showed there was not a consensus on the Board at this time to continue looking at the abatement process, it was 4 to 2 to look into the voter approved referendum option and the School Board still wants to be part of the discussion of the expansion. There was discussion amongst the Board about what would happen if it did go to the voters and it failed and what would happen next to solve the need. Member Weber added that she believes Agenda Page 38 STMA Ice Arena December 14, 2015 Minutes Page 2 everyone on the School Board understands that the students in the varsity program are not being treated equally as far as facilities and spectator capacity. The School Board just got inundated on how opposed they were to tax abatement and the public had this feeling that things were hidden, but nothing was hidden it was all public information and none of the entities where trying to hide anything. Weber suggested that we continue looking at the design process and get some real numbers on the expansion to work with and would like to see seating for the varsity team as they provide that for all other sports in the district. There was more discussion on the need and what could happen if the vote fails. The discussion included difficulties of going to the public and taxing for the expansion. Member Weber mentioned that even if the school decided to move forward with a referendum, it has to be approved by the state to go into additional debt before it can go on the ballet. If the state doesn’t approve the referendum, then the School Board cannot proceed down that path. Member Hudson mentioned the topic of the design committee, their purpose, and the timeline asking the Board to discuss direction for design committee and if the timeline is still valid. Lindquist stated it was on the School Board Agenda and they did not vote on it because there was no longer a consensus based on the tax abatement model and the schedule was based on the abatement and to secure the Mighty Ducks Grant. The School Board doesn’t have a timeline and they have not discussed that. The STMA Ice Arena Board discussed the design committee direction, the process, what sheet to design for, and covering the cost for the architect. Member Lindquist mentioned that the School Board has not discussed the topic of what sheet of ice to design for, but if it is a voter referendum, in his opinion, then they would want the needs for their varsity team covered. In addition, member Lindquist went into the discussion that if it is a referendum the school would own the second sheet of ice and there would need to be a cost sharing agreement with the entities. Chairman Schumm added that with his discussion with the St. Michael City Administrator that they would see some type of agreement similar to the Senior Center and the library where each entity contributes a sum of money annually. Lindquist added that he sees it being as if Albertville issued the abatement bond that each entity would have an agreement to pay their portion of the debt to the City of Albertville annually. In addition, Lindquist thought that the School Board is counting on the continued participation of the two cities. The Board continued the discussion on the design committee. Lindquist wanted to address how the School Board got to where they are now because there have been a lot of questions on it and confusion. Lindquist reminded that the School Board never took a formal vote on any of the finance measures, they took a pulse check on the abatement process in November and there was a consensus to look into abatement. Then the Mighty Ducks Grant came down and the timeline was put together, which was an aggressive timeline, they did another pulse check so they could inform the municipal partners whether or not the School Board is totally on board with the tax abatement financing, which was after all the public comment elected officials had received. The second pulse check in December showed there was no longer a consensus of the School Board on the abatement process. They never intended to misinform or mislead anyone, but things were moving too fast. The Board continued to discuss the topic of financing and the direction of the design committee. The direction of the Ice Arena Board to staff and the design committee is to look at designing the varsity sheet, review the original plans, and get a quote on the cost for the architect. The Board wasn’t opposed to using the Kraft Hockey money, $40,000, to pay for architectural services to determine the actual cost of the expansion. The Board requested the approval from the Youth Hockey Association to use those funds even though the funds were given to the Ice Arena Board by Kraft, they would like the support of the Youth Hockey Association to use those funds. Agenda Page 39 STMA Ice Arena December 14, 2015 Minutes Page 3 Chis Hanson from the Youth Hockey Association told the Board that as always, the Ice Arena Board has youth hockey’s pledge to work in good faith. He continued by stating that the needs need to be determined and as well as actual numbers, but will bring the question to the next Association meeting about the Kraft money. Youth Hockey Association understands that the process needs to slow down and the need for the actual numbers by taking the next step. The Association understands the complexity of the situation and financing the expansion. Member Lindquist mentioned that the community needs to be educated about the need for the expansion. Hanson did agree and would like to see accurate information and educating the community. Mighty Ducks Grant Nafstad just updated the Board on the status of the Mighty Ducks Grant mentioning that the 30 day time limit in executing the agreement will not be met. Member Lindquist asked Nafstad if he would check with MASC if there could be an extension to the execution of the agreement. Nafstad will check with MASC or put Dr. Behle in touch with the contact at MASC for the grant information regarding an extension. Adjourn Members Hudson\Gulick moved to adjourn at approximately 6:53 p.m. All voted aye. Attest: __________________________________ Tina Lannes, City Finance Director Agenda Page 40 3 MEMORANDUM TO: Adam Nafstad FROM: Alan Brixius DATE: December 2, 2015 RE: Albertville – Sign Code Update FILE NO: 163.18 Over the last five months, City staff and the Planning Commission have been working to draft a new Sign Code for the City of Albertville. On November 10, 2015, the Planning Commission’s recommended draft ordinance was presented to the Albertville City Council. After Council review, they approved the ordinance to move forward to public hearing. On December 8, 2015, the draft Sign Code will be presented at public hearing for consideration for formal adoption. In pursuing the draft ordinance, we have been challenged by the 2015 Supreme Court decision of Reed Vs. the Town of Gilbert, Arizona, which established new limits for sign codes to be content neutral. Working with the Planning Commission and City Attorney, we have attempted to craft a code that is both respectful of the Court decision and accomplishes the City’s goals for signs. The draft Sign Code update includes: 1. An expanded purpose and intent statement that clearly explains the public purpose for the Sign Code. 2. Definition section that describes the terms used within the Sign Code and eliminates definitions that are sign content specific. 3. Non-conforming sign section has been amended to follow Minnesota State Statutes for replacement of non-conforming structures. 4. List of prohibited signs. 5. General provisions and performance standards that apply to all signs. This includes references to Building Code, setbacks, illumination, sign height, etc. Agenda Page 41 4 6. District regulations that define both signs allowed without permit and signs allowed with permit within each zoning district. We have attempted to describe signs without reference to sign content. 7. Special sign standards that address performance standards for the following: a. Billboards. b. Temporary and Portable Signs. c. New Business Signs. d. Comprehensive Sign Plan. 8. Permit requirements outlining the process for sign permits. 9. Violation and penalties directing enforcement to Section 1-4-1 of the City Code, Administrative Fines. Following the public hearing, the Sign Code may be further amended or recommended to the City Council for adoption. c: Kim Olson Maeghan Becker Paul Heins Mike Couri Agenda Page 42 Page 1 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO. 2015-09 AN ORDINANCE REPEALING TITLE 10 CHAPTER 7 SIGN REGULATIONS AND REPLACING IT WITH TITLE 10, CHAPTER 7 SIGN REGULATIONS OF THE ALBERTVILLE MUNICIPAL CITY CODE RELATING TO SIGNS AND SIGN REGULATIONS THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA ORDAINS: SECTION 1. Title 10 Chapter 7 of the Albertville City Code is repealed in its entirety. SECTION 2. Title 10 Chapter 7 of the Albertville City Code is hereby amended as follows: 10-7-1: PURPOSE AND INTENT: A. Purpose. This section is established to protect and promote health, safety, general welfare and order within the City of Albertville through the establishment of a comprehensive and impartial series of standards, regulations and procedures governing the type, number, size, structure, location, height, lighting, erection, use and/or display of devices, signs or symbols serving as a visual communication media to persons situated within or upon public rights-of-way or private properties. The provisions of this Section are intended to encourage opportunity for effective, orderly communication by reducing annoyances, confusion and hazards resulting from unnecessary and/or indiscriminate use of communication facilities. B. Objectives. 1. To establish standards which permit businesses a reasonable and equitable opportunity to advertise. 2. To preserve and promote civic beauty and prohibit signs which would detract from this objective because of number, size, shape, height, location, condition, cluttering or illumination. 3. To insure that signs do not create safety hazards. 4. To preserve and protect property values. 5. Allow signage and communication to direct traffic on both public streets and private property. Agenda Page 43 City of Albertville Ordinance No. 2015-09 Page 2 of 32 10-7-2: DEFINITIONS: For the purpose of this chapter, the terms defined in this section shall have the meanings herein given them: ADJACENT AREA: For the purpose of section 10-7-6 of this chapter, adjacent area shall be defined as a strip of land that is immediately adjacent and parallel to Interstate 94 through Albertville and meets both of the following criteria: A. The adjacent area shall only include land parcels or lots that directly abut the Interstate 94 right of way, or city owned right of way intended for future interstate access improvements, otherwise known as CSAH 19/Interstate 94 and CSAH 37/Interstate 94 interchange improvements. Parcels acquired solely for drainage and utility or ponding purposes shall not be considered an adjacent area. Parcels that do not directly abut the aforementioned rights of way are not within the adjacent area. B. The adjacent area shall be limited to a strip of land four hundred feet (400') in width measured from the midpoint of the center median between the opposing traffic lanes of Interstate 94 and extending out either sides of Interstate 94 (see graphic below). BILLBOARD: A sign, bulletin board, changeable copy sign, or poster panel located in the adjacent area, as defined by Section 10-7-2 of this Code, which is used to advertise products, goods, services, ideas, or non-commercial speech which are not exclusively related to the premises or owner of the property on which the billboard is located. BILLBOARD AREA OR SIGN AREA: That portion of the sign face of a billboard or business sign which includes the border and trim thereof, but excludes the base and apron supports and other structural members. If an advertising device or business sign is constructed so that the faces are not constructed back to back, the angle shall not exceed ninety degrees (90°). If said angle is greater than ninety degrees (90°), the total area of both sides added together shall not exceed the maximum allowable advertising device or business sign area. BANNERS: Any attention getting devices which resemble flags and are of a paper, cloth or plastic or plastic-like consistency. Agenda Page 44 City of Albertville Ordinance No. 2015-09 Page 3 of 32 CAMPAIGN SIGNS: Any sign that meets the provisions of Minnesota State Statute 211B.045. CHANGEABLE COPY SIGN: A sign or portion thereof that has a reader board for the display of text information in which each alphanumeric character, graphic or symbol is defined by objects not consisting of an illumination device and may be changed or rearranged manually or mechanically with characters, illustrations, letters or numbers that can be changed or rearranged without altering the face or surface of the sign structure. Changeable copy signs shall also include the following: 1. Changeable Copy Sign, Electronic: A sign or portion thereof that displays electronic, non-pictorial text information in which each alphanumeric character, graphic, or symbol is defined by a small number of matrix elements using different combinations of light emitting diodes (LEDs), fiber optics, light bulbs or other illumination devices within the display area. Electronic changeable copy signs include computer programmable, microprocessor controlled electronic displays. Electronic changeable copy signs include projected images or messages with these characteristics onto buildings or objects. Electronic changeable copy signs do not include official signs. 2. Electronic Graphic Display Sign: A sign or portion thereof that displays electronic, static images, static graphics or static pictures, with or without text information, defined by a small number of matrix elements using different combinations of light emitting diodes (LEDs), fiber optics, light bulbs or other illumination devices within the display area where the message change sequence is accomplished immediately or by means of fade, re-pixalization or dissolve modes. Electronic graphic display signs include computer programmable, microprocessor controlled electronic or digital displays. Electronic graphic display signs include projected images or messages with these characteristics onto buildings or other objects. 3. Video Display Sign: A sign that changes its message or background in a manner or method of display characterized by motion or pictorial imagery, which may or may not include text and depicts action or a special effect to imitate movement, the presentation of pictorials or graphics displayed in a progression of frames that gives the illusion of motion, including, but not limited to, the illusion of moving objects, moving patterns or bands of light, or expanding or contracting shapes, not including electronic changeable copy signs. Video display signs include projected images or messages with these characteristics onto buildings or other objects. COUNTY STATE AID HIGHWAYS OR CSAH: A road that is established, located, constructed, reconstructed, improved and maintained as a public highway by the county and is so designated a county state aid road. DOUBLE FACE SIGN: A sign displaying information on both sides. ERECT: To construct, build, raise, assemble, place, affix, attach, create, paint, draw or in any other way to bring into being or establish, but it shall not include any of the foregoing activities Agenda Page 45 City of Albertville Ordinance No. 2015-09 Page 4 of 32 when performed as an incident to the change of advertising message or customary maintenance of an outdoor advertising structure or device. FLASHING SIGN: A directly or indirectly illuminated sign or portion thereof that exhibits changing light or color effect by any means, so as to provide intermittent illumination that changes light intensity in sudden transitory bursts and creates the illusion of intermittent flashing light by streaming, graphic bursts showing movement, or any mode of lighting which resembles zooming, twinkling or sparkling. GRADE OF SIGN: The lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the sign and a line ten feet (10') from the sign. GROUND SIGN: A sign placed upon or supported by the ground independently of the main building or structure on the property. Pylon signs, monument signs, signs on accessory structures, and other freestanding signs shall be considered "ground signs". ILLUMINATED SIGN: A sign which has characters, letters, figures, designs or outlines illuminated by electric lights or tubes, or by other artificial light directed to the sign or by internal illumination. INTERSTATE HIGHWAY: Any highway at any time officially designated as a part of the national system of interstate and defense highways by the commissioner of transportation and approved by the appropriate authority of the federal government. LOGO: Any letter, character, or symbol used to represent an entire word or group of words denoting the name, trade or purpose of any business. MAINTAIN: To allow to exist. MOVING SIGN: A sign which revolves, rotates, has any moving parts, or gives the illusion of motion. MULTI-VISION SIGN: Any sign composed in whole or part of a series of vertical or horizontal slats or cylinders that are capable of being rotated at intervals so that partial rotation of the group of slats or cylinders produces a different image and when properly functioning allows on a single sign structure the display at any given time one of two (2) or more images. OFF PREMISES SIGNS: A commercial speech sign which directs the attention of the public to a business, activity conducted, or product sold or offered at a location not on the same lot where such sign is located. For purposes of this sign ordinance, easements and other appurtenances shall be considered to be outside such lot and any sign located or proposed to be located in an easement or other appurtenance shall be considered an off premises sign. ON PREMISES SIGNS: A sign that is located on property that is the premises, property or site of the use identified or advertised in the sign. PORTABLE SIGN: A moveable sign not fixed to a building or the ground (i.e., pulled on a trailer vehicle). Agenda Page 46 City of Albertville Ordinance No. 2015-09 Page 5 of 32 PROJECTING SIGN: A sign which is affixed to a building and which projects from the building wall a distance greater than twelve inches (12"). PUBLIC NOTICES: Official notices posted by public officers, employees or their agents in the performance of their duties, or as directed by such officers, employees or agents. PYLON SIGN: A freestanding sign erected upon no more than two (2) pedestals, posts or shafts. A pylon sign is a ground sign. READER BOARD SIGN: A sign with separate inset letters and symbols or changeable copy which can be easily removed and which are periodically changed. RESIDENTIAL SPECIAL EVENT: A special activity occurring on a residential lot for a duration not to exceed seven (7) days. ROOF SIGN: A sign which is located above the eaves or coping line. ROTATING SIGN: A sign or portion of a sign which in any physical part or in total turns about on an axis, rotates, revolves or is otherwise in motion, including, without limitation, a multi- vision sign. SHIMMERING SIGN: A sign which reflects an oscillating, sometimes distorted, visual image. SIGN: A name, identification, description, display, illustration, structure, or device which is affixed to, or painted, or represented directly or indirectly upon a building or other outdoor surface or a piece of land, and which directs attention to an object, product, place, activity, person, institution, organization or business. SIGN HEIGHT: The height of a sign shall be computed as to the vertical distance measured from the base of the sign at grade to the top of the highest attached component of the sign. SIGN SETBACK: The shortest distance between the property or public right of way line and the surface or main supporting structure of a sign. SIGN STRUCTURE: The supports, foundations, uprights, bracing and framework for a sign, including the sign area. SPECIAL SIGN: means any sign that is a billboard, temporary sign, or banner TEMPORARY SIGN: A sign which is erected for a limited time and/or special purpose. WALL SIGN: A sign which is affixed to the exterior wall of a building and which does not project more than twelve inches (12") from the surface to which it is attached. WINDOW SIGN: A sign affixed to a window or located inside a window surface legible to the general public. (Amended Ord. 1987-3, 10-19-1987; amd. Ord. 2004-09, 11-15-2004; Ord. 2007- 08, 8-20-2007; Ord. 2014-06, 10-20-2014) Agenda Page 47 City of Albertville Ordinance No. 2015-09 Page 6 of 32 10-7-3: NON-CONFORMING SIGNS: A. The following are non-conforming signs: 1. Prohibited signs. 2. All other signs not prohibited that do not conform to the provisions of this chapter. B. General provisions governing non-conforming signs: 1. A non-conforming sign lawfully existing upon the effective date of this ordinance may be continued at the size and in the manner existing upon such date. 2. Non-Conforming Sign Maintenance and Repair. Nothing in this code shall be construed as relieving the owner or user of a legal non-conforming sign or other of the property on which the legal non-conforming sign is located from the provisions of this ordinance regarding safety, maintenance, and repair of signs, provided however, that any repainting, cleaning, and other normal maintenance or repair of the sign or sign structure shall not modify the sign structure or sign area in any way which makes it more non-conforming or the sign shall lose its legal non-conforming status. 3. If at any time a non-conforming sign shall be damaged or destroyed to the extent of more than fifty percent (50%) of its fair market value, said value to be determined by the City, it may be re-established to its prior size and form, but not expanded, if the property owner applies for a signed building permit within one hundred eighty (180) days of the damage event. If no signed building permit is applied for within the specified time period, then without further action by the Council, the sign shall be subject to all the regulations specified by this code for the district in which such land and buildings are located. Any sign which is damaged to an extent of less than fifty percent (50%) of its fair market value may be restored to its former extent if it is reconstructed within twelve (12) months after the date of said damage. Estimate of the extent of damage or destruction shall be made by the Building Official. 10-7-4: PROHIBITED SIGNS: A. The following signs are prohibited in all zoning districts in the City of Albertville: 1. Flashing Or Moving Signs: No flashing signs, rotating or moving signs, animated signs, signs with moving lights, or creating the illusion of movement shall be permitted. Agenda Page 48 City of Albertville Ordinance No. 2015-09 Page 7 of 32 2. Painted Wall Signs: No sign which is painted directly upon a wall surface shall be permitted. 3. Obsolete And Off Premises Signs: No sign shall be permitted which advertises a business which is not being presently conducted on the premises on which the sign is located, except billboards, as provided for in Section 10-7-7 of this chapter, and except any privately owned recreational establishment having a gross open space area within the city greater than eighty (80) acres, where such open space is an integral part of the business, may have one directional sign not to exceed thirty two (32) square feet in size identifying the name of the establishment with one directional arrow. Said sign shall be in conformance with this chapter. Said directional sign shall not be erected or maintained in the city except on property abutting a county road. 4. Signs Obstructing Accessways or Windows: No sign shall physically obstruct any required accessway or window in such a manner as to create a safety hazard. 5. Signs Obstructing Traffic: No exterior sign or sign located in the interior of a building but visible through a window shall be maintained at any location where, by reason of its position, size, shape or color, it may obstruct, impair, obscure, interfere with the view of, or be confused with any traffic control sign, signal or device, or where it may interfere with, mislead or confuse traffic. 6. Signs on trees or shrubs, or which are painted or drawn upon rocks or natural features, or on public utility poles. 7. Signs which are structurally unsafe, in disrepair, or are abandoned. 8. Roof signs located directly on a building roof or projecting over or from a building roof. 9. Signs mounted on vehicles or trailers with the exception of trailer reader signs, except temporary portable signs as permitted under Section 10-7-7 of this chapter. 10-7-5: GENERAL PROVISIONS: All signs hereafter painted, constructed, erected, remodeled, relocated or expanded shall comply with the following standards: A. Application of Building and Electrical Codes: All signs shall be wired to conform to the electrical code of the state of Minnesota. Sign structures shall be designed to provide a thirty (30) psf snow load and a thirty (30) psf wind pressure. All signs allowed by permit shall be installed and maintained in conformance with Minnesota State Building and Electrical Codes, as may be amended. B. Maintenance Requirements: All signs, including electrical wiring, supporting structures, guywires or chains, shall be properly maintained and kept in a safe condition. Agenda Page 49 City of Albertville Ordinance No. 2015-09 Page 8 of 32 C. Illuminated Signs: Signs shall be shaded wherever necessary to avoid casting bright light upon property located in any residential district or upon any public street or park. Any illuminated sign located on a lot adjacent to, within two hundred feet (200') of, or across the street from, any single-family residential district, which sign is visible from such single-family residential district, shall not be illuminated at any time between the hours of eleven o'clock (11:00) P.M. and seven o'clock (7:00) A.M., when the use is not open for business. D. Glare: In all districts, any lighting used to illuminate an off street parking area, yard or other structure shall be arranged to deflect light away from any adjoining residential zone or from the public streets. Direct or sky reflected glare, where from floodlights or from high temperature processes such as welding or combustion, shall not be directed into any other property. The source of light shall be hooded or controlled. Bare incandescent light bulbs shall not be permitted in view of adjacent property or right of way. Any light or combination of lights which cast light on residential property shall not exceed four-tenths (0.4) foot-candle (meter reading), as measured from the residential property. Any light or combination of lights which cast light on a public street shall not exceed one foot-candle as measured from the centerline of the street. E. Identifiable Address: Every principal building shall be identified with an address containing the street number(s), which shall be readable from the nearest adjacent roadway serving the premises. The size of the numbering shall not exceed two (2) square feet. F. Any sign requiring a permit in a commercial, industrial, PUD, or public zoning district, now or hereafter existing, which no longer advertises or identifies a bona fide business conducted, or a service rendered, or a product sold, shall be removed by the owner, agent, or person having the beneficial use and/or control of the building or structure upon which the sign may be found within ten (10) days after written notice from the City Official. G. Signs shall not create a hazard to the safe, efficient movement of vehicular or pedestrian traffic. No private sign shall contain words or colors which might be construed as traffic controls, such as “stop”, “caution”, “warning”, unless the sign is intended to direct traffic on the premises. H. Sign Location/Setbacks. 1. No signs other than governmental signs shall be erected or placed within a public right-of-way. 2. No freestanding sign structure shall be closer than five (5) feet from any property line. When the bottom of the sign face of a freestanding sign is fifteen (15) feet or higher above grade, the sign face may extend into the setback no closer than one (1) foot from the property line. No sign shall be placed within any drainage or public easement. Agenda Page 50 City of Albertville Ordinance No. 2015-09 Page 9 of 32 3. Except for off-premise signs allowed in other sections of this Ordinance, all signs must be located on the same lot as the person, firm, business, product, or building being identified. 4. On all corner lots, signs shall not be permitted within twenty (20) feet of any corner formed by the intersection of two (2) streets. The twenty (20) feet shall be in the form of a triangle with two (2) sides formed by the property lines and the third side formed by a straight line connecting the two (2) twenty (20) foot points on each side of the corner. A sign may be extended above the triangular area provided that the clearance between the bottom of the sign face and the street grade is fifteen (15) feet or higher. I. Banners, Pennants, Streamers, Strings of Lights, Searchlights: No banner, pennant, streamer, string of lights, searchlight, or any other similar sign shall be permitted, except as provided in Sections 10-7-7.B and 10-7-7.C of this chapter. Banner signs and specialty signs will be permitted as temporary signage as regulated by this section and Sections 10- 7-7.B and 10-7-7.C of this chapter. J. Projecting signs are permitted if they are at least eight feet (8') aboveground and meet required setbacks. Said sign shall be counted as a wall sign in the sign area calculation. K. All signs shall be accessory uses within the designated zoning district and shall be directly related to the principal use of the property on which it is located. Only off- premise signs and Billboard sign structures, allowed under Section 10-7-7 of this chapter, shall be an exception to this provision. L. Sign Height. 1. All height restrictions on signs shall include height of sign structure and be measured from the lot grade or in the case of inflatable device from its mounting surface to its highest point. 2. The top edge of any wall or building mounted sign or object intended as an attention attracting device shall not extend above the roof line, parapet, mansard or façade of a building adjacent to the sign or object. M. A freestanding sign or sign structure constructed so that the faces are not back to back shall not have an angle separating the faces exceeding twenty (20) degrees unless the total area of both sides added together does not exceed the maximum allowable sign area for that district. N. Off Premise Signs. Off premise signs shall adhere to the regulations of Section 10-7-7 of this chapter. 10-7-6: DISTRICT REGULATIONS: The following regulations apply to the City’s various zoning districts. Agenda Page 51 City of Albertville Ordinance No. 2015-09 Page 10 of 32 A. In A-1, A-2, R-1A, R-1, R-2, R-3 Districts, the following signs are allowed without a permit: 1. Temporary special event signs may be allowed without a permit subject to the following: a. The sign shall not exceed four (4) square feet b. The sign shall not exceed five (5) feet in height c. A temporary sign for a special event may not be placed on the property prior to five (5) days before the event, and must be removed one (1) day after the end of the event. 2. Address Identification: For each dwelling unit there shall be permitted one address sign not exceeding two (2) square feet in area. 3. Property listed for sale may have one (1) temporary freestanding sign provided it meets the following: a. The sign shall not exceed four (4) square feet b. The sign shall not exceed five (5) feet in height c. The sign may only be displayed while the property is listed for sale. d. The sign is removed within fourteen (14) days after the date of closing. e. The sign is removed if the property is no longer offered for sale. 4. Vacant lots that are two (2) acres or more in size that are listed for sale are allowed one (1) temporary freestanding sign per adjacent street provided that: a. The sign shall not exceed thirty-two (32) square feet. b. The sign shall not exceed eight (8) feet in height. c. The sign shall not be placed in the public right-of-way and shall meet the required sign setbacks. d. The sign shall be removed within fourteen (14) days of the property being sold. e. The sign is removed if the property is no longer offered for sale. 5. Remodeling: In connection with the construction or remodeling of a building, there shall be permitted one freestanding sign not exceeding thirty-two (32) square feet in area and eight (8) feet in height; on corner lots, two (2) such signs, Agenda Page 52 City of Albertville Ordinance No. 2015-09 Page 11 of 32 one facing each street, shall be permitted. All signs shall be removed by the person or persons erecting the same no longer than two (2) weeks after final inspection by the building official of the structure indicated, or two (2) years, whichever is less. 6. Campaign signs are exempt from these provisions of this chapter per Minnesota State Statute 211B.045. B. In A-1, A-2, R-1A, R-1, R-2, R-3 Districts, signs are allowed by permit with the following conditions: 1. Businesses other than home occupations allowed within the agricultural and residential districts are allowed one (1) wall sign or one (1) monument sign provided that: a. Freestanding signs may not exceed fifty (50) square feet or eight (8) feet in height. b. Wall signs may not exceed fifteen (15) percent of the building façade. 2. Subdivisions with twenty (20) or more units are permitted one (1) permanent freestanding sign per subdivision street entrance, provided it meets the following regulations: a. The sign may not exceed thirty-two (32) square feet. b. The sign shall be placed on an outlot, easement, or common lot owned by a neighborhood association property. c. The sign may not be placed in a visibility triangle. d. The neighborhood association shall be responsible for the maintenance and upkeep of the sign. e. The sign must be constructed out of materials approved by the zoning administrator. C. In R-4, R-5, R-6, R-7, R-8, R-MH Districts, the following signs are allowed without a permit: 1. One (1) temporary special event sign is allowed without a permit per street frontage provided that the following criteria is met: a. The sign shall not exceed four (4) square feet. b. The sign shall not exceed five (5) feet in height with the exception of wall signs. Agenda Page 53 City of Albertville Ordinance No. 2015-09 Page 12 of 32 c. A temporary sign for a special event may not be placed on the property prior to five (5) days before the event, and must be removed one (1) day after the end of the event. 2. Address Identification: For each dwelling unit, there shall be permitted one nameplate not exceeding two (2) square feet in area indicating the name and/or address of the occupant. 3. Remodeling: In connection with the construction or remodeling of a building, there shall be permitted one sign not exceeding thirty-two (32) square feet in area and eight (8) feet in height; on corner lots, two (2) such signs, one facing each street, shall be permitted. All signs permitted shall be removed by the person or persons erecting the same no longer than two (2) weeks after final inspection by the building official of the structure indicated, or two (2) years, whichever is less. 4. Property listed for sale or rent may have one (1) temporary wall or freestanding sign per street frontage provided it meets the following: a. Wall signs shall not exceed ten percent (10%) of the building side facing a public street. b. Freestanding signs shall not exceed thirty-two (32) square feet in area or eight (8) feet in height. c. Signs must meet all sign setback requirements. c. The sign may only be displayed while the property is listed for sale or rent. d. The sign is removed within fourteen (14) days after the date of closing or vacancy filled. e. The sign is removed if the property is no longer offered for sale or rent. 5. Vacant lots that are two (2) acres or more in size that are listed for sale are allowed one (1) temporary sign without a permit per adjacent street provided that: a. The sign shall not exceed thirty-two (32) square feet. b. The sign shall not exceed eight (8) feet in height. c. The sign shall not be placed in the public right-of-way. d. The sign shall be removed within fourteen (14) days of the property being sold. e. The sign is removed if the property is no longer offered for sale. Agenda Page 54 City of Albertville Ordinance No. 2015-09 Page 13 of 32 6. Campaign signs are exempt from these provisions per Minnesota State Statute 211B.045. D. In R-4, R-5, R-6, R-7, R-8, R-MH Districts, the following signs are allowed by permit: 1. Businesses other than home occupations allowed within the residential districts are allowed one (1) wall sign and one (1) freestanding sign provided that: a. Wall signs shall not exceed ten percent (10%) of building façade facing a street. b. Freestanding signs shall not exceed one hundred (100) square feet or ten (10) feet in height. 2. Multiple family, apartments, condominiums, and cooperatives containing four (4) or more units, may have the following signs: a. Wall signs not to exceed ten percent (10%) of the building façade facing a street. b. One (1) freestanding sign per site entrance from a street not to exceed forty (40) square feet in area and not to exceed ten (10) feet in height. 3. Subdivisions with twenty (20) or more units area one (1) permanent sign per public street access provided it meets the following regulations: a. The sign may not exceed thirty-two (32) square feet. b. The sign shall be placed on an out lot, easement, or neighborhood association property. c. The sign may not be placed in a visibility triangle. d. The neighborhood association is responsible for the maintenance and upkeep of the sign. e. The sign must be constructed out of materials approved by the zoning administrator and must complement the neighborhood. E. In B-2, B-2A, B-3, B-4, B-W Districts, the following signs are allowed without a permit: 1. Address Identification: For each business unit, there shall be permitted one (1) nameplate not exceeding two (2) square feet in area. 2. Window Signs: a. Window signs may occupy up to twenty (20) percent of the window area. Agenda Page 55 City of Albertville Ordinance No. 2015-09 Page 14 of 32 b. All window signs must be placed inside the building. 3. Remodeling: In connection with the construction or remodeling of a building, there shall be permitted one sign not exceeding thirty-two (32) square feet in area and eight (8) feet in height; on corner lots, two (2) such signs, one facing each street, shall be permitted. All signs permitted shall be removed by the person or persons erecting the same no longer than two (2) weeks after final inspection by the building official of the structure indicated, or two (2) years, whichever is less. 4. Vacant lots that are two (2) acres or more in size that are listed for sale are allowed one (1) temporary freestanding sign without a permit per adjacent street provided that: a. The sign shall not exceed thirty-two (32) square feet. b. The sign shall not exceed eight (8) feet in height. c. The sign shall not be placed in the public right-of-way and must meet sign setback requirements. d. The sign shall be removed within fourteen (14) days of the property being sold. e. The sign is removed if the property is no longer offered for sale. 5. Property listed for sale or rent may have one (1) temporary wall or freestanding sign provided it meets the following: a. Wall sign shall not exceed ten percent (10%) of the wall façade facing a public street. b. Freestanding signs shall not exceed thirty-two (32) square feet or eight (8) feet in height. c. The sign may only be displayed while the property is listed for sale or rent. d. The sign is removed within fourteen (14) days after the date of closing or vacancy filled. e. The sign is removed if the property is no longer offered for sale. 6. Campaign signs are exempt from these provisions per Minnesota State Statute 211B.045. F. In B-2, B-2A, B-3, B-4, B-W Districts, the following signs are allowed by permit: 1. Wall, Awning, and Canopy Signs: Agenda Page 56 City of Albertville Ordinance No. 2015-09 Page 15 of 32 a. Area: The total wall sign area (including projecting, awning, and canopy signs) for any building shall not exceed fifteen percent (15%) of the building walls (including windows and doors) fronting on a public street right of way. b. Number: The total number of signs may not exceed two (2) signs per building walls fronting on a public street right of way. One wall sign may be a changeable message board including changeable readerboard/changeable banner (non-dynamic) that is framed to define its perimeter. Additional wall signs may be approved with the submission and approval of a comprehensive sign plan per Section 10-7-7.D of this chapter. c. Awning or Canopy Signs: Letters may be painted or otherwise affixed to any permissible awning or canopy, subject to the following regulations: (1) Lettering or letters shall not project above, below or beyond the physical dimensions of the awning or canopy. (2) Signs on awnings that do not exceed fifty (50) percent of the total square footage of the awning. d. Location: Wall signs shall be located on that side of the building or tenant bay facing the street right of way. Signs may be placed on that side of a building or tenant bay not facing a street right of way provided that no sign is located on that side of the building where the lot directly abuts a residential zoning district. e. Type and Construction: (1) Illuminated Signs: Wall signs shall be by shielded illumination, shielded silhouette lighting or shielded spotlighting, but not any lighting where the light source itself is visible or exposed on the face or sides of the characters. (2) Clearance to Grade: Signs constructed of metal and illuminated by any means requiring internal wiring or electrically wired accessory fixtures attached to a metal sign shall maintain a free clearance to grade of nine feet (9'). Accessory lighting fixtures attached to a nonmetal frame sign shall maintain a clearance of nine feet (9') to ground. In the event a metal sign structure or accessory fixture herein described is grounded by the use of a grounding conductor run with the circuit conductors, and said structure or fixture is also grounded by being bonded to a grounding electrode at the sign site, no clearance to grade shall be mandatory. Agenda Page 57 City of Albertville Ordinance No. 2015-09 Page 16 of 32 (3) Neon Signs: Wall signs may be gaseous tube or may be illuminated by interior means of lighting of an intensity to prevent excessive glare and shall comply with the regulations established in section 10-7-7 of this chapter. 2. Ground Signs: a. Not more than one ground sign shall be permitted on any lot. The total area of such sign shall be based on the lot width where the sign is to be placed up to a maximum area. For each one hundred (100) linear feet of width, sixty (60) square feet of signage shall be permitted (lot width/100 x 60) up to a maximum of two hundred fifty (250) square feet. b. No ground sign shall exceed thirty feet (30') in height. c. Sign area for ground signs applies to only one face of a two (2) faced ground sign, or two (2) faces of a four (4) faced sign, etc. d. Commercial lots having one hundred feet (100') in width immediately adjacent to and along Interstate Highway 94 (excluding any intervening street or railroad right of way) shall be allowed the following: (1) One freestanding pylon sign not to exceed fifty feet (50') in height. Sign area shall be determined by Section 10-7-6.F.2 of this chapter. (2) One freestanding monument sign at the site entrance not to exceed sixty (60) square feet in sign area or twelve feet (12') in height. (3) Lots containing an off premises advertising device shall only be allowed one billboard sign not to exceed fifty feet (50') in height. e. Ground signs shall have a background which is dark in color in contrast to the sign lettering or message which is light in color to create a sufficient contrast and be clearly legible. No ground signs with lightly colored backgrounds shall be permitted unless the following conditions are met: (1) All signs with light backgrounds shall be equipped with automatic dimming devices. Light cast upon adjacent rights-of-way (as measured from the curb line) or residential zoning districts (as measured from the property line) shall not exceed five-tenths (0.5) footcandles (meter reading) above ambient light. (2) The sign does not exceed thirty feet (30'). (3) The sign is located two hundred feet (200') from all residential buildings. Agenda Page 58 City of Albertville Ordinance No. 2015-09 Page 17 of 32 3. Changeable Copy Signs: One electronic changeable copy sign shall be allowed per site in the above listed districts with the following restrictions: a. The images and messages displayed on changeable copy signs must be static, and the transition from one static display to another must be instantaneous without any special effects with the exception of a scrolling monochromatic message on a single color dark background. b. A changeable copy sign may change its message no more than once every eight (8) seconds. c. No changeable copy signs shall be closer than two hundred feet (200') from any residential zoning district unless they are screened from the adjoining residential property, or they shall not be illuminated between the hours of eleven o’clock (11:00) PM and seven o’clock (7:00) AM if the use is not open for business. d. All changeable copy signs shall be equipped with automatic dimming devices. Light cast upon adjacent rights-of-way (as measured from the curb line) or residential zoning districts (as measured from the property line) shall not exceed five-tenths (0.5) footcandles (meter reading) above ambient light. e. Changeable copy signs shall not be permitted as window signs. 4. Automobile Service Station Signs: In addition to the district standards, the following sign standards apply to automobile service stations: a. Pump operation instructions located on the gas pumps are exempt from the sign requirements. b. Motor fuel station canopy may have a sign on those facades facing a public street not to exceed thirty (30) percent of the canopy face. 5. A comprehensive sign plan in accordance with Section 10-7-7.D of this chapter. 6. Temporary special event signs as regulated by Section 10-7-7.B of this chapter. 7. New business temporary signs as regulated by Section 10-7-7.C of this chapter. Agenda Page 59 City of Albertville Ordinance No. 2015-09 Page 18 of 32 G. In I-1, I-2 Districts, the following signs are allowed without a permit: 1. Window signs: a. Window signs may occupy up to twenty (20) percent of the window space on which the sign is placed. b. All window signs must be placed inside the building 2. Campaign signs are exempt from these provisions per Minnesota State Statute 211B.045. 3. Address Identification: For each business unit, there shall be permitted one (1) nameplate not exceeding two (2) square feet in area. 4. Remodeling: In connection with the construction or remodeling of a building, there shall be permitted one sign not exceeding thirty-two (32) square feet in area and eight (8) feet in height; on corner lots, two (2) such signs, one facing each street, shall be permitted. All signs permitted shall be removed by the person or persons erecting the same no longer than two (2) weeks after final inspection by the building official of the structure indicated, or two (2) years, whichever is less. 5. Vacant lots that are two (2) acres or more in size that are listed for sale are allowed one (1) temporary freestanding sign without a permit per adjacent street provided that: a. The sign shall not exceed thirty-two (32) square feet. b. The sign shall not exceed eight (8) feet in height. c. The sign shall not be placed in the public right-of-way and must meet sign setback requirements. d. The sign shall be removed within fourteen (14) days of the property being sold. e. The sign is removed if the property is no longer offered for sale. 6. Property listed for sale or rent may have one (1) temporary wall or freestanding sign provided it meets the following: a. Wall signs shall not exceed ten percent (10%) of the building façade facing a public street. b. Freestanding signs shall not exceed thirty-two (32) square feet or eight (8) feet in height. Agenda Page 60 City of Albertville Ordinance No. 2015-09 Page 19 of 32 c. The sign may only be displayed while the property is listed for sale. d. The sign is removed within fourteen (14) days after the date of closing or vacancy filled. e. The sign is removed if the property is no longer offered for sale or rent. H. In I-1, I-2 Districts, the following signs are allowed by permit: 1. Wall, awning, or canopy signs with the following restrictions: a. Wall signs shall not exceed two hundred (200) square feet or ten percent (10%) of the wall area (including windows and doors) facing the public street right-of-way, whichever is less. b. Signage placed on a wall abutting a public right of way, if illuminated, shall be by shielded illumination, shielded silhouette lighting, or shielded spotlighting but not any lighting where the light source itself is visible or exposed on the face or sides of the characters. c. Awning or Canopy Signs: Letters may be painted or otherwise affixed to any permissible awning or canopy, subject to the following regulations: (1) Lettering or letters shall not project above, below or beyond the physical dimensions of the awning or canopy. (2) Signs on awnings that do not exceed fifty (50) percent of the total square footage of the awning. d. Signage on Walls Not Abutting a Public Right of Way: A sign or signs shall be permitted on those walls not abutting a public right of way of any principal building, subject to the following regulations: (1) The total area of each sign or signs shall not exceed nine (9) square feet per access door. (2) Notwithstanding Section 10-7-6.H.1.b of this chapter, if the main entrance/exit to a particular use in the principal building opens on a wall not abutting a public right of way, the applicant shall be permitted to sign the walls not abutting a public right-of-way in accordance with the provisions of Section 10-7-6.H.1.a of this chapter. 2. Ground Signs: Agenda Page 61 City of Albertville Ordinance No. 2015-09 Page 20 of 32 a. There shall be not more than one ground sign along each public street from which access is available for the parcel. The total area of such ground sign shall not exceed two hundred (200) square feet in area. b. No ground sign shall exceed thirty feet (30') in height. c. In lieu of a ground sign, one pylon sign shall be permitted on any lot in an industrial district, subject to the regulations in this section. d. Ground signs shall have a background which is dark in color in contrast to the sign lettering or message which is light in color to create a sufficient contrast and be clearly legible. No ground signs with lightly colored backgrounds shall be permitted unless the sign is located two hundred (200) feet from all residential property lines. 3. Changeable Copy Signs: One electronic changeable copy sign shall be allowed per site in the above listed districts with the following restrictions: a. The images and messages displayed on the signs must be static, and the transition from one static display to another must be instantaneous without any special effects with the exception of a scrolling monochromatic message on a single color dark background. b. The sign may change its message no more than once every eight (8) seconds. c. No sign shall be closer than two hundred feet (200') from any residential zoning district unless they are screened from the adjoining residential property, or they shall not be illuminated between the hours of eleven o’clock (11:00) PM and seven o’clock (7:00) AM if the use is not open for business. d. All signs with light background shall be equipped with automatic dimming devices. Light cast upon adjacent rights-of-way (as measured from the curb line) or residential zoning districts (as measured from the property line) shall not exceed five-tenths (0.5) foot-candles (meter reading) above ambient light. e. Changeable copy signs shall not be permitted as window signs. 4. Temporary special event signs regulated by Section 10-7-7.B of this chapter. 5. New business temporary signs as regulated by Section 10-7-7.C of this chapter. 6. A comprehensive sign plan in accordance with Section 10-7-7.D of this chapter. Agenda Page 62 City of Albertville Ordinance No. 2015-09 Page 21 of 32 I. In P/I Districts, the following signs are allowed without a permit: 1. Address Identification: For each business unit, there shall be permitted one (1) nameplate not exceeding two (2) square feet in area. 2. Window Signs: a. Window signs may occupy up to twenty (20) percent of the window space on each side of a principal building without a permit. b. Window signs that occupy more than twenty (20) percent of the window space require a permit. c. All window signs must be placed inside the building. 3. Remodeling: In connection with the construction or remodeling of a building, there shall be permitted one sign not exceeding thirty-two (32) square feet in area and eight (8) feet in height; on corner lots, two (2) such signs, one facing each street, shall be permitted. All signs permitted shall be removed by the person or persons erecting the same no longer than two (2) weeks after final inspection by the building official of the structure indicated, or two (2) years, whichever is less. 4. Vacant lots that are two (2) acres or more in size that are listed for sale are allowed one (1) temporary freestanding sign without a permit per adjacent street provided that: a. The sign shall not exceed thirty-two (32) square feet. b. The sign shall not exceed eight (8) feet in height. c. The sign shall not be placed in the public right-of-way and must meet sign setback requirements. d. The sign shall be removed within fourteen (14) days of the property being sold. e. The sign is removed if the property is no longer offered for sale. 5. Property listed for sale or rent may have one (1) temporary wall or freestanding sign provided it meets the following: a. Wall signs shall not exceed ten percent (10%) of the building façade facing a public street. b. Freestanding signs shall not exceed thirty-two (32) square feet or eight (8) feet in height. c. The sign may only be displayed while the property is listed for sale. Agenda Page 63 City of Albertville Ordinance No. 2015-09 Page 22 of 32 d. The sign is removed within fourteen (14) days after the date of closing or vacancy filled. e. The sign is removed if the property is no longer offered for sale or rent. 6. Campaign signs are exempt from these provisions per Minnesota State Statute 211B.045. J. In P/I Districts, the following signs are allowed by permit: 1. Wall Signs: a. Area: The total wall sign area (including wall, awning, canopy, projecting signs) shall not exceed ten percent (10%) of building façade fronting on a public street. b. Number: The total number of signs may not exceed two (2) signs per building wall fronting on a public street right-of-way. One (1) wall sign may be a changeable message board including changeable readerboard/changeable banner (non-dynamic) that is framed to define its perimeter. Additional wall signs may be approved with the submission and approval of a comprehensive sign plan per Section 10-7-7.D of this chapter. c. Location: Wall signs shall be located on that side of the building or tenant bay facing the street right-of-way. Signs may be placed on that side of a building or tenant bay not facing a street right-of-way provided that no sign is located on that side of the building where the lot directly abuts a residential zoning district. 2. Freestanding Signs: a. Area: The maximum size of signing area allowed for such uses shall be determined on the basis of site area according to the following schedule: (1) Up to 5 acres: 96 square feet. (2) 5.1 acres to 25 acres: 128 square feet. (3) 25.1 acres and above: 160 square feet. b. Height: The maximum height of sign structures shall be determined on the basis of site size according to the following schedule: (1) Up to 15 acres: 8.0 feet. (2) 15.1 acres and above: 17.5 feet. Agenda Page 64 City of Albertville Ordinance No. 2015-09 Page 23 of 32 c. Number: One (1) freestanding sign per site. 3. A comprehensive sign plan as regulated by Section 10-7-7.D of this chapter. 10-7-7: SPECIAL SIGN STANDARDS: A. Billboards: 1. Billboards shall only be allowed within the "adjacent area", as defined in section 10-7-2 of this chapter. a. The maximum area of an billboard face, whether a single billboard face or each face of two (2) back to back or V-type billboards, shall not exceed seven hundred twenty (720) square feet, including border and trim, but excluding base and apron supports and other structural members, and provided further, that the maximum allowable extensions shall not exceed fifteen percent (15%) of the total billboard area. The maximum size limitation stated in this subsection A1a shall apply to each side of a billboard structure, and billboards may be placed back to back, or in a V- type construction (provided the angle shall not exceed 90 degrees), but not more than two (2) displays to each facing, and such billboard shall be considered as one billboard. b. Billboards shall not be erected or maintained which are not effectively shielded so as to prevent beams or rays of light from being directed at any portion of the traveled way of an interstate highway, of such intensity or brilliance as to cause glare or impair the vision of the operator of any motor vehicle, or which otherwise interfere with any driver's operation of a motor vehicle, are prohibited. c. Outdoor billboards shall not be erected or maintained which shall be so illuminated that they interfere with the effectiveness of or obscure any official traffic sign, device or signal. 2. No billboard shall be erected closer to any other such billboard on the same side of the same interstate highway facing traffic proceeding in the same direction than one thousand feet (1,000'). 3. All billboards shall comply with the minimum principal building setback requirements provided in the applicable zoning district. 4. The maximum height of any billboard shall be thirty feet (30') from the ground. 5. The maximum length of any billboard shall be sixty feet (60'). Agenda Page 65 City of Albertville Ordinance No. 2015-09 Page 24 of 32 6. No billboard shall be erected or maintained on any lot or parcel of land unless the lot or parcel of land is within the area zoned as commercial or industrial districts under the Albertville Zoning Ordinance. 7. No billboard shall be erected or maintained in that part of the city which lies south of County State Aid Highway 37 and west of the bridge over Interstate Highway 94 (202 bridge). 8. Electronic changeable billboards shall only be permitted on legal conforming billboards with the following requirements: a. The graphic display may not change or move more often than once every eight (8) seconds. b. The images and messages displayed must be static, and the transition from one static display to another must be instantaneous without any special effects. c. All changeable billboard signs shall be equipped with automatic dimming devices. Light cast upon adjacent rights-of-way (as measured from curb line) or residential zoning districts (as measured from the property line) shall not exceed five-tenths (0.5) footcandles (meter reading) above ambient light. d. Billboards shall have the vertical support structure of the sign (such as pole) concealed with architectural embellishments consisting of natural stone, brick, masonry panels, stucco, or synthetic material that has the appearance of natural stone, brick or stucco over eighty percent (80%) of the exterior face on all sides of the structure. 9. No sign permit to erect a billboard on parcels or lots that are abutting city owned right of way intended for future interstate access improvements, shall be issued unless an acknowledgment and waiver of future damages is first signed by the applicant and all property owners and submitted to the city. Said acknowledgment and waiver shall be in the form approved by the city attorney, and shall acknowledge that future construction of CSAH 19/Interstate 94 and CSAH 37/Interstate 94 interchange improvements may impact the visibility of the proposed device/sign. The acknowledgment and waiver shall require the applicant and property owners to hold the city harmless and waive all damage claims arising as a result of such improvements, including, but not limited to, claims arising from the obstruction of the view of any billboard installed on the permitted property pursuant to a sign permit issued by the city. Said acknowledgment and waiver shall not apply to damages resulting from the physical occupation of the applicant's real property by the city. Said acknowledgment and waiver shall be submitted to the city with the application for a sign permit. Failure to submit such acknowledgment and waiver shall result in a denial of the requested sign permit or the refusal of the city to process the application due to its incomplete status. Agenda Page 66 City of Albertville Ordinance No. 2015-09 Page 25 of 32 10. Permit Identification Number: Every permit issued by the city shall be assigned an identification number. The city shall also issue with each permit an identifying number which shall be attached by the permittee to the billboard in a conspicuous place. The permittee shall also have his name plainly marked on each billboard. B. Temporary and Portable Signs: In all districts temporary and/or portable signs or banners may be permitted subject to the following: 1. Permit Requirements: a. Permit Application: Temporary and/or portable signs or banners shall not be permitted without a permit. A temporary sign application fee, as set by city resolution, shall be submitted to the city building official. Each sign shall require a separate permit. The application shall be signed by both the business requesting the sign and the property owner of the site where the sign is to be located. The sign application shall include information that identifies the type of sign, sign size, sign location and the dates when the sign will be in place and the date of the sign removal. The city building official is authorized to review and approve permits for temporary signs and/or portable signs or banners, ten (10) days prior to the special event. b. Duration Of Permit; Expiration; Sign Removal Required: All permits issued hereunder shall be for a maximum duration of fourteen (14) days and shall automatically expire after said period. Upon expiration, the applicant shall cease to display any and all signage permitted by the permit unless the applicant has received a new permit for said signage. Agenda Page 67 City of Albertville Ordinance No. 2015-09 Page 26 of 32 c. Limitations On Permits: (1) The number of temporary and portable signs shall be limited to four (4) permits per calendar year per property. Shopping centers and multiple-tenant buildings shall be counted as one property. (2) If two (2) or more permits are obtained in succession by any applicant, these permits shall be counted for the purpose of determining the yearly limitations of Section 10-7-7.B.1.c of this chapter. 2. Maximum Size: Maximum banner sign size shall be limited to thirty two (32) square feet. Maximum portable sign size shall be limited to forty eight (48) square feet. 3. Temporary Sign Location Standards: a. Except as allowed in Section 10-7-7.B.6 of this chapter, all temporary signs shall be located on the property of the business with the special event. b. Signs may not be placed in the right of way and must be set back a minimum of five feet (5') from all property lines. c. Where multiple signs have been located, they shall be a minimum of one hundred feet (100') apart. 4. Dangerous Signs Prohibited; Anchors Required: Signs must not be unsafe or dangerous; they must be securely anchored. 5. Electronic Signs: Electronic changeable copy signs shall be prohibited as temporary or portable signs. 6. Nonprofit Or Charitable Organization Signs: a. Nonprofit and charitable organizations as defined by internal revenue code 501(C3) or 501(C4) may have temporary off premises signs provided: (1) All temporary signs require permits; permit applications must include the property owner's permission to locate the sign on their property. (2) Special events are limited to no more than six (6) in a calendar year. Agenda Page 68 City of Albertville Ordinance No. 2015-09 Page 27 of 32 (3) Signs from a nonprofit or charitable organization shall not be counted against the number of temporary sign permits allowed to the property owner. (4) Nonprofits and charitable organizations may have up to three (3) temporary signs per permit. (5) Nonprofit and charitable organization temporary signs shall comply with sign location standards of Section 10-7-7.B.1.c of this chapter. These signs may be located on vacant lots with the written permission of the property owner. 7. Violation: Temporary off premises signs erected without a permit or in violation of Section 10-7-7.B.1.c of this chapter may be subject to immediate removal and/or be subject to an administrative fine per title 1, chapter 6 of this code. After one notice of a violation of this section the city shall levy administrative fines for subsequent violations or repeat offenses without additional notices. Failure to abide by the approved permit or the provision of this code will be grounds for denial of additional permits for six (6) months following notice of violation. C. New businesses in the B, PUD, or I Districts shall be allowed additional temporary sign permits during the first three (3) months of the opening of a new business. These “new business temporary signs” shall not exceed three (3) signs consisting of a combination of portable signs, banners, pennants, and flags. Only one of said signs may be a portable sign, as defined in Section 10-7-2 of this chapter. Display of said signs shall not exceed a period of thirty (30) days. No such additional sign will be allowed if it interferes with the use of adjacent property or constitutes a danger to public health, welfare or wellbeing, or if it does not conform to the other provisions of this chapter. D. Comprehensive Sign Plan: 1. Introduction: Mixed use, commercial, and industrial multiple occupancy buildings, PUD developments, or single occupancy buildings requesting more than two (2) signs shall submit an application and receive approval of a comprehensive sign plan. Any building devoted to two (2) or more uses shall be a multiple occupancy building and shall require a comprehensive sign plan. Upon approval of a comprehensive sign plan, no permit shall be issued for an individual use except upon a determination that it is consistent with a previously or concurrently approved comprehensive sign plan. The effect of said comprehensive sign plan is to allow and require the owner of multiple occupancy structures to determine the specific individual sign requirements for the tenants of his building. As sign locations, size and other sign details may be of some significant importance in lease arrangements between owner and tenant, it is the city's intention to establish general requirements for the overall building only, thus providing a building owner with both the flexibility and responsibility to deal with his individual tenants on their specific sign needs. Comprehensive sign plan applications or amendments require approval of an administrative permit. Agenda Page 69 City of Albertville Ordinance No. 2015-09 Page 28 of 32 2. Comprehensive Sign Plan Information: The applicant shall prepare a written and graphic comprehensive sign plan for submission to the city. Said plan shall include, but not be limited to the following information: a. Sign locations, wall signs, awning signs, traffic control signs, and freestanding signs, etc. b. Sign area. c. Sign height. d. Scaled building elevations. e. Scaled floor plan that outlines tenant bays. f. Identification of sign design. g. Sign construction drawings (sections). h. City staff may request additional information from the applicant concerning the application or may retain expert opinions at the expense of the city, or may require as a condition of proceeding with its consideration that the applicant furnish expert opinion and data at the expense of the applicant. 3. Through an approved comprehensive sign plan, the site may have building identification wall signs, individual tenant wall signs, awning signs, canopy signs, marquee signs and directory signs. The cumulative sign area of the aforementioned signs shall not exceed fifteen (15) percent of the building façades which they are located. These signs shall be located on building façades fronting on public streets or a city approved private streets or parking lots. 4. Multiple Occupancy Buildings: a. Wall Signs: (1) Maximum Area: The total allowable sign area for a multiple occupancy structure shall not exceed (fifteen) 15 percent of the combined wall surfaces on walls which abut streets in business or industrial zoning districts. (2) No multiple occupancy structure may display more than two overall building identification signs. The total area of individual tenant wall signs, awning signs, canopy signs and marquee signs shall not exceed fifteen (15) percent of the building façade of the individual tenant bay. Agenda Page 70 City of Albertville Ordinance No. 2015-09 Page 29 of 32 (3) Tenant Signs: Individual tenants located within multiple occupancy structures shall be permitted to display individual signs, if they have separate exterior entrances to their use or they are tenants in a shopping center. A tenant occupying a corner location fronting two streets may display signs to both street frontages. (4) Except for Section 10-7-7.D.4.a.(5) of this chapter, tenant wall, awning, and banner signs shall be located on the building façades of the tenant bay occupied by the business. (5) The property owner may identify through a comprehensive sign plan up to four (4) tenants per building within the multiple occupancy building that will be eligible to locate wall signs on the building at locations beyond their occupied tenant bays. (6) The location of all wall signs and awning signs shall be established through an approved comprehensive sign plan. No illuminated wall signs shall be located on the side of a building where the lot directly abuts a residential zoning district. (7) Individual sign permits shall be required prior to the installation of any wall signs or awning signs. b. Tenant Directory Signs: Multiple story/multiple occupancy buildings with tenants served by a common building entrance may have, in addition to the wall signs, one tenant directory sign as either a wall sign or freestanding sign located at each common entrance provided the tenant directory sign meets the following standards: (1) An individual tenant directory sign shall not exceed one hundred (100) square feet in area. (2) An individual tenant directory sign shall be located within fifty (50) feet of the common building entrance. (3) A freestanding individual tenant directory wall sign shall not exceed ten (10) feet in height. Individual tenant directory wall signs shall not be located above the building floor where the common entrance is located. 4. Freestanding Signs: a. Shopping Centers: Shopping centers containing more than four separate distinct occupancies may erect one freestanding sign per street frontage, not to exceed two freestanding shopping center signs per site (single or double faced). Each ground sign may not exceed the district standards in sign area, nor thirty (30) feet in height. Agenda Page 71 City of Albertville Ordinance No. 2015-09 Page 30 of 32 b. Other Multiple Occupancies: Multiple occupancy structures other than shopping centers, or shopping centers having four or less separate and distinct occupancies, may erect one ground sign in accordance with the provisions of this chapter and may identify each separate and distinct occupancy on said ground sign. c. Changeable copy wall signs are permitted subject to the provisions of Section 10-7-6 of this chapter. 5. Traffic Control/Directional Signs: The City may approve a traffic control/ directional sign plan for a commercial, industrial, and planned unit development site including signs not to exceed four (4) square feet in area. 10-7-8: PERMIT REQUIREMENTS: A. Permit And Compliance Required: Except for routine maintenance, no billboard or sign may be painted, constructed, erected, structurally remodeled, relocated or change of message, or expanded until a billboard or sign permit is obtained and until all other signs on the premises of the applicant are brought into conformance with this chapter. No such permit shall be issued for any billboard or sign unless the same is permitted by, and complies with the regulations of this section; provided, however, that signs of a duly constituted governmental body, including traffic or similar regulatory devices, legal notices, and warnings at railroad crossings, are exempt from the permit requirement and from the regulations of this section. B. Application For Permit: The application for an advertising device or sign permit shall be made upon the forms provided by the city and shall state or have attached thereto the following information: 1. Name, address and telephone number of applicant and owner of the advertising device or sign. 2. Location of lot, building or structure upon which or to which the advertising device or sign is to be erected or attached. 3. Position of the advertising device or sign or other advertising structures in relation to nearby buildings or structures. 4. A blueprint or ink drawing of the plans and specifications and method of construction or attachment to the building or in the ground. 5. Copy of stress sheets and calculations showing the structure is designed for dead load and wind velocity in the amount required by this chapter and all other ordinances of the city if requested by the city building official. This information shall be furnished every three (3) years for each advertising device. 6. Name of person erecting the structure. (Amended Ord. 1987-3, 10-19-1987) Agenda Page 72 City of Albertville Ordinance No. 2015-09 Page 31 of 32 7. Any electrical permit required and issued for the sign. 8. A detailed description of any electronic or electrical components that are proposed to be added to the sign. (Ord. 2007-08, 8-20-2007) C. Permit Fees: For each billboard sign requiring a permit, there shall be an initial fee which shall be set from time to time by City Council ordinance. D. Revocation Of Permit: The city council may revoke any permit granted herein after a hearing for violation of the provisions of this chapter, or applicable laws and regulations of the United States or the state of Minnesota, upon thirty (30) days' written notice of such hearing to the permittee. The city council, within ten (10) days after conclusion of the hearing, shall notify the permittee of its decision, and may, where appropriate, notify the permittee what he can do to retain the permit, and the permittee shall, in those instances, have thirty (30) days therefrom in which to comply with the requirements of the city council, if compliance would bring the advertising device into lawful conformity with this chapter. E. Scope Of Provisions; Exemptions: 1. Scope: The provisions of this section relating to permits and fees shall apply to billboard legally existing on the effective date hereof as well as devices that may be erected and maintained thereafter. 2. Exemptions From Permit Requirements: Signs identified within this chapter, as allowed without permit, are exempt from permits and fee requirements. 10-7-9: VIOLATIONS; PENALTIES: A. Notice Of Violation: If the building official or any other authorized agent of the city shall find any advertising device, business sign, accessory sign or other regulated sign in violation of the terms of this chapter, a written notice shall be issued to the permittee, owner, possessor (tenant in possession), operator or manager of the premises on which the advertising device is located, specifying the violation and giving seven (7) days in which to correct or remove the violation. B. Failure to Remedy; Penalties: After the expiration of seven (7) days and the violation is not corrected or discontinued, any person convicted of such violation shall be punished as provided in section 1-4-1 of this code, and each day's violation after the initial seven (7) day period shall constitute a separate offense. C. Injunctive Relief: In addition thereto, the city may seek injunctive relief in the district court of the county and require that either the advertising device, business sign, accessory sign or other regulated sign conform or be removed. Agenda Page 73 City of Albertville Ordinance No. 2015-09 Page 32 of 32 This amendment shall be in full force and effective immediately following its passage and publication. Approved by the Albertville City Council this 21st day of December 2015. _____________________________________ Jillian Hendrickson, Mayor ATTEST: _____________________________________ Kimberly A. Olson, City Clerk Agenda Page 74 City Administrator’s Update December 17, 2015 GENERAL ADMINISTRATION 2016 Fee Schedule: The updated fee schedule will be presented at the first meeting in January. STMA Ice Arena – 2nd Sheet: The School Board is going to study the referendum option and develop a potential timeline. As of now, we don't know when the referendum would be voted on. The design committee has been instructed to pursue the “varsity” concept. This group will begin by reviewing existing concept plans and developing a process to select the architect. The design committee will likely meet the first week of January. Board and Commission Appointments for 2016: At the meeting, Council will appoint committee members to the City’s various boards and advisory groups. Please let the Mayor or me know if you would like to see any committee changes in 2016. Council Member Contact Information: Please review your contact information on the City website. This is the information City Hall provides upon request. Let us know if you would like any changes or revisions. Planning Commission Appointments: 2016 appointments will be at the first meeting in January. Two terms are up and both members have expressed their interest to continue to serve. Fire Department Grants: The Fire Department recently received two grants. One was a State Fire Marshal Turnout Gear Washer/Extractor Grant for $10,000. Only 25 Departments out of the 116 that applied received this grant. The Department also received notification that they will be receiving a partial Grant Award in the amount of $23,000 through the Fire and Rescue Shared Services Feasibility Study Grant Program. Once official notification and documentation is received, both cities staff and/or Councils will review the grant contract for approval and the Fire Advisory Committee will meet to determine the grant project. ENGINEERING/PUBLIC WORKS Lachman Avenue NE Rear Yard Drainage: Easement documents have been mailed to the five (5) affected properties and we are waiting for each property owner to sign the easement. Cold Storage: Public Works staff is beginning to review options for cold storage. Municipal State Aid: We are working to complete the MSA pay request for the I-94 WB C-D Road. Funds received will be dedicated to our MSA street fund. UPCOMING EVENTS and ANNOUNCEMENTS • January 26 (Tuesday) – I-94 Chamber State of the Cities Event, 11:15 a.m., St. Michael City Center. Please let us know if you are interested in attending. Agenda Page 75