2007-05-08 PC Agenda Packet
PLANNING & ZONING COMMISSION
Tuesday, May 8, 2007
7:00 PM
1. CALL TO ORDER - ROLL CALL – ADOPT AGENDA
2. MINUTES
March 26, 2007 City Council/Planning and Zoning Joint Meeting (pages 1-4)
April 10, 2007 Regular Planning and Zoning Meeting (pages 5-10)
3. PUBLIC HEARINGS
a. Intex Industrial Condo Conversion (pages 11-18)
b. Shoppes of Towne Lakes 2nd Addition Site and Building Plan Review (pages 19-
58)
c. Dog Kennel Ordinance Amendment (pages 59-82)
d. Freeway Sign Height Amendment (pages 83-86)
e. Electronic Sign Ordinance Amendment (pages 87-93)
4. ADJOURNMENT
“A quorum of Council members may be present.”
ALBERTVILLE CITY COUNCIL
March 26, 2007
Albertville City Hall 7:00 PM
PRESENT: Mayor Ron Klecker, Council members Dan Wagner, Tom Fay, John Vetsch, and
LeRoy Berning, City Planner Al Brixius, City Attorney Mike Couri, Assistant City Engineer
Adam Nafstad, City Administrator Larry Kruse, and City Clerk Bridget Miller
Mayor Klecker reconvened the Monday, March 19, 2007 Albertville City Council meeting to
order at 7:00 p.m.
MOTION BY Council member Vetsch, seconded by Council member Berning to continue the
regular City Council meeting after the adjournment of the joint City Council and Planning and
Zoning Commission meeting. Motion carried unanimously.
RECONVENE MONDAY, MARCH 19, 2007 REGULAR CITY COUNCIL MEETING
Mayor Klecker reconvened the regular Monday, March 19, 2007 City Council meeting at
10:10 p.m.
APPROVE RESOLUTION NO. 2007-15 ENTITLED A RESOLUTION MAKING
APPOINTMENTS TO CORPORATE AUTHORIZED SIGNERS FOR THE CITY OF
ALBERTVILLE FOR THE YEAR 2007
MOTION BY Council member Berning, seconded by Council member Fay to approve
Resolution No. 2007-15 entitled a Resolution Making Appointments to Corporate Authorized
Signers for the City of Albertville for the Year 2007 and on file in the office of the City Clerk.
Motion carried unanimously.
APPROVE ORDINANCE NO. 2007-03 ENTITLED AN ORDINANCE ESTABLISHING
A ONE YEAR MORATORIUM WITHIN THE CITY OF ALBERTVILLE ON THE
ERECTION, PLACEMENT OR DISPLAY OF ANY SIGN DISPLAYING ANIMATION
OR RAPIDLY CHANGING IMAGES OR MESSAGES WITHIN THE ALBERTVILLE
CITY LIMITS
City Attorney Couri presented a draft of an Ordinance for the Council to review and consider
approving. Discussion on placing a moratorium has come up during a couple of previous
Council meetings. City Council and Planning and Zoning Commission held a joint meeting prior
to this meeting, which the subject again came up.
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City of Albertville
City Council Minutes
March 26, 2007
2
Mayor Klecker wanted to make sure that the City Council approves the ordinance before any
new applications should come before the city or staff for approval. Approving the ordinance
would allow the Council members and staff time to review or research what restrictions other
communities allow.
MOTION BY Council member Vetsch, seconded by Council member Fay to approve Ordinance
No. 2007-03 entitled an Ordinance Establishing a one-year Moratorium within the City of
Albertville on the Erection, Placement or Display of Any Sign Displaying Animation or Rapidly
Changing Images or Messages within the Albertville city limits and on file in the office of the
City Clerk. Motion carried unanimously.
ALBERT VILLAS PONDING
Mayor Klecker turned it over to Assistant City Engineer Nafstad to report on the outcome of the
meeting held with the City of St. Michael.
Assistant City Engineer Nafstad stated St. Michael appeared to be satisfied with the $128,000
cash payment and did not say otherwise on this matter.
Regarding the trigger on when payments escalate from an agricultural classification to a
developed residential classification, St. Michael felt this complicates matters. the $5,000 amount
should be more around $15,000 per year starting in 2008.
The part of the counter-offer that applies to the Main Avenue NE connection should be placed on
the Albertville Comprehensive Plan. It seemed that St. Michael staff would look somewhat
favorably on the Main Avenue NE Comprehensive Plan Amendment.
Paved access to the Zachman property, St. Michael Council could not condemn property to
create this access. St. Michael will continue to keep this on their plans, but no date has been set
for the connection.
Nafstad concluded by informing the Council and staff that St. Michael denied the counter-offer
from the Albertville City Council.
Mayor Klecker inquired about the potential of Albertville purchase the land or the easement.
City Attorney Couri answered by stating there is the potential to purchasing the land or the
drainage easement. There are very few other communities that own easements within other
communities. The property would be tax exempt until a change of ownership or use, which is
unknown at this point.
MOTION BY Council member Wagner, seconded by Council member Berning to
approve the counter-offer to the City of St. Michael with 3 options,
City of Albertville
City Council Minutes
March 26, 2007
3
Option 1. Albertville makes a one lump-sum payment to the City of St.
Michael in the amount of $256,000.
Option 2. Albertville makes a payment to the City of St. Michael in the amount of
$128,000, and a $7,500 annual payment for a period of 20-years. St. Michael
will approve all zoning and other City regulatory requirements related to the
construction of Albertville’s proposed pond on the school property consistent
with the alternate grading plan submitted by the school, with such approvals
coming before June 10, 2007.
Option 3. Albertville makes a payment to the City of St. Michael in the amount of
$128,000; and a $7,500 annual payment for a period of 20-years or the Main
Avenue NE connection into St. Michael right-of-way, which ever happens
first; St. Michael will approve all zoning and other City regulatory
requirements related to the construction of Albertville’s proposed pond on the
school property consistent with the alternate grading plan submitted by the
school, with such approvals coming before June 10, 2007.
Further, Albertville requests a response from St. Michael on or before the April 11, 2007 date.
Motion carried unanimously
MOTION BY Council member Wagner, seconded by Council member Berning to set Monday,
April 23, 2007 as a public hearing on a proposed Stormwater Utility Fee and a Special
Assessment, which will be held at 5959 Main Avenue NE to begin at 7:00 p.m. or soon
thereafter. Motion carried unanimously.
ADJOURNMENT
MOTION BY Council member Berning, seconded by Council member Fay to adjourn at
11:30 p.m. Motion carried unanimously.
Ron Klecker, Mayor
Bridget Miller, City Clerk
PLANNING and ZONING COMMISSION MINUTES
April 10, 2007
Albertville Council Chamber 7:00 PM
CALL TO ORDER – ROLL CALL – ADOPT AGENDA
PRESENT: Chair Sharon Leintz, Vice-chair Frank Kocon, Commission members Scott
Dorenbush, Denise Prow, and Dale Edgren, Council liaison Dan Wagner, City Planner Al
Brixius, Zoning Administrator/Building Official Jon Sutherland, and Certified Building Permit
Technician Tori Leonhardt
ABSENT: City Clerk Bridget Miller
Chair Leintz called the Planning and Zoning Commission meeting of the City of Albertville to
order at 7:00 p.m.
ADOPT AGENDA
MOTION BY Commission member Kocon, seconded by Commission member Dorenbush to
approve the agenda as presented and on file in the office of the City Clerk. Motion carried
unanimously.
MINUTES
MOTION BY Commission member Dorenbush, seconded by Commission member Kocon to
approve the March 13, 2007 regular Planning and Zoning Commission minutes as presented and
on file in the office of the City Clerk. Motion carried unanimously.
PUBLIC HEARINGS
DOG KENNEL ORDINANCE AMENDMENT
Chair Leintz opened the public hearing at 7:04 p.m.
City Planner Brixius reported that the City of Albertville has requested changes to the language
for kennels and the care of animals in the City Code and Zoning Ordinance. After discussions
with the City Council and Albertville residents at the March 19, 2007 Council Meeting, City
Attorney Mike Couri presented the Council with City Code amendments for animal control
regulations on April 2, 2007. Specifically the amendment added new language regarding the
allowance of private kennels and the maintenance of commercial and private kennels. Our office
has prepared language to update the Zoning Ordinance in response to the changes of the City
Code for the care of animals and the allowance of kennels and veterinary clinics within each
applicable zoning district.
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City of Albertville
Planning & Zoning Commission Minutes
April 10, 2007
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City Planner Brixius explained to the Commission that the current ordinance does not distinguish
between a Commercial Kennel and a Private Kennel. With the proposed text amendment to the
ordinance, this will be distinctively defined.
City Planner Brixius also stated that the new ordinance would require a Veterinary Clinic to be
owned and operated by a licensed veterinarian.
City Planner Brixius informed the Commission about the proposed change to the zoning
ordinance, which would include the definitions for Private and Commercial Kennels as follows:
KENNEL, COMMERCIAL: any place where: 1) more than two (2) dogs over six
months of age are owned, kept, boarded, or bred for purpose of sale; or 2) more
than two (2) dogs over six months of age and owned by persons other than the
kennel owner are kept or boarded for a fee or other remuneration.
KENNEL, PRIVATE: any place where more than two (2) dogs over six months
of age owned by the kennel owner are kept for private enjoyment and not for
breeding sale, a fee or other remuneration.
In addition, the proposed change to the zoning ordinance would revise the Veterinary Clinic
definition to read:
VETERINARY CLINIC: Those uses concerned with the diagnosis, treatment,
hospitalization, surgery and medical care of animals, which place is owned and
operated by a licensed veterinarian.
City Planner Brixius outlined the additions to the Zoning Ordinance Chapter
23001.1 entitled: Care of Animals to include:
F. Disposal facilities shall be provided to minimize vermin, infestation, odors, and
disease hazards.
G. All outdoor facilities for housing or confining animals shall maintain the
required minimum setbacks for the applicable residential zoning district.
H. No outdoor facilities for housing commercial kennels or veterinarian clinics
shall be constructed within the commercial or industrial districts.
Brixius indicated that item H . No outdoor facilities for housing commercial kennels
or veterinarian clinics shall be constructed within the commercial or industrial
districts was added at the request of the City Attorney Mike Couri.
City Planner Brixius concluded by identifying the Zoning Districts and where Commercial
Kennels, Private Kennels and Veterinary Clinics are allowed and the proposed changes to each
district regarding clinics and private kennels.
City of Albertville
Planning & Zoning Commission Minutes
April 10, 2007
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Zoning District Current Allowed Use Changes to Use
A-1, Agricultural Rural Keeping Animals, Kennels
and Animal Hospitals by
CUP
None*
A-2, Agricultural Transitional Keeping Animals, No
Kennels
None
R-1A, Residential Low Density Domestic Animals Addition of Private Kennels
R-1, Residential Single Family Domestic Animals Addition of Private Kennels
R-2, Residential Single and
Two Family
Domestic Animals Addition of Private Kennels
R-3, Residential Single and
Two Family
Domestic Animals Addition of Private Kennels
R-4, Residential Two Family,
Townhouse, Quadraminium
Domestic Animals Addition of Private Kennels
R-5, Residential Medium
Density
Domestic Animals None*
R-6, Residential High Density Domestic Animals None
R-7, Residential Special
Purpose, High Density
Domestic Animals None
R-8, Residential Mixed Housing Domestic Animals None
R-MH, Manufactured Housing
Residential
Domestic Animals Addition of Private Kennels
B-2, Limited Business No Kennels or Clinics None
B-2A, Special Business Clinics with no overnight
care, No Kennels
None*
B-3, Highway Commercial Clinics with overnight care,
No Kennels
None*
B-4, General Business Clinics with no overnight
care, No Kennels
None*
B-W, Business-Warehousing Clinics with overnight care
and kennels
None*
I-1, Limited Industrial No Clinics or Kennels None
L-2, General Industrial No Clinics or Kennels None
• Wording of the language was changed to fit ordinance definitions, but not a specific use
change unless otherwise noted.
Zoning Administrator/Building Official Jon Sutherland provided the Commission members with
the minutes from the March 19, 2007 City Council meeting in which Albertville residents, Don
Deckert and his wife were present and currently have six (6) huskies.
Sutherland asked City Planner Brixius how this new zoning ordinance would affect the Deckerts.
City Planner Brixius replied that the Deckerts would be allowed to apply for a Private Kennel
license under the new proposed changes to the zoning ordinance.
City of Albertville
Planning & Zoning Commission Minutes
April 10, 2007
8
Sutherland inquired if there will be a limit to the number of dogs allowed with a Private Kennel
license.
Brixius referred the Commission members to City Attorney Mike Couri’s comments from the
City Council meeting on March 19, 2007 in which he asked the Council if they wanted a limit on
the number of dogs that would be allowed in a residential zoning district. Council could put a
condition within the City Code that would only allow a certain number of dogs.
Commission member Wagner indicated that under section 6-2-17-d, it states the maximum
number of dogs that would be allowed in any duly licensed private dog kennel is six (6), if the
specified conditions are met.
Zoning Administrator/Building Official Sutherland asked City Planner Brixius, what if someone
has six (6) pit bulls.
City Planner Brixius responded by stating our ordinance does not specify on species of dogs
allowed or not allowed.
Commission member Wagner stated that under section 6-2-17-d there are five (5) conditions that
have to be met in order for a license to be issued.
1. When the dogs remain outside and not on a leash, they shall remain confined in a fenced
area where the fence acts as a physical barrier (not an electronic fence) that reasonably
restrains the dogs to a confined area.
2. All such dogs must be formally trained through obedience school or other such training
program.
3. All such dogs must have a micro-chip identification device inserted in their skin.
4. All such dogs shall be trained for one or more of the following specialized uses: sled dog
team, assistance, guide, hearing or service for a handicapped person, and police canine unit,
including sniffer, tracking and rescue uses.
5. The applicant must demonstrate a need for the requested number of dogs.
Commission member Dorenbush inquired if the licensing for private kennels would be done at
City Hall over the counter or if each application would come before the Planning Commission
for approval and would each applicant have an inspection prior to issuance.
Chair Leintz expressed concern over residents being “grandfathered in” to the ordinance.
City Planner Brixius answered by stating that licensing would occur at City Hall and that the
Planning Commission would not review each application. Furthermore, licensing would be
renewed on an annual basis; therefore, no one would be considered “grandfathered in”.
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Planning & Zoning Commission Minutes
April 10, 2007
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Commission member Dorenbush reiterated, would they have a pre-inspection done prior to
issuance?
City Planner Brixius indicated that the language of the current ordinance could be amended to
specify that a pre-inspection must be completed prior to issuance of a private kennel license.
Commission member Kocon asked if there was a minimum area allowable per dog on a property.
City Planner Brixius stated that there is not a minimum allowable area per dog, but the zoning
classification of the property does specify how large the lot has to be in that particular district.
Chair Leintz recommended that Twin Homes and Two Family Homes be eliminated from the
proposed ordinance as allowable zoning districts for private kennels.
City Planner Brixius noted that the ordinance could be restricted to allow a private kennel on
single-family lots within the city only.
Commission member Dorenbush asked if the ordinance could require the opening of the
doghouse to face the residence to help deter some of the barking.
Dorenbush stated that this could possibly make the homeowner more aware of when the dog is
barking, along with the opening not being able to face a street or neighboring yard causing the
animal to bark more.
Chair Leintz asked City Planner Brixius that if the Council has already adopted the new
ordinance at the March 19, 2007 meeting, what is the Commission reviewing or supposed to be
addressing?
City Planner Brixius responded by stating that the Council recommended to approve Ordinance
No. 2007-03 entitled an Ordinance Amending Title 6, Chapter 2, Section 2 of the 2005
Albertville Municipal City Code Relating to Animal Control.
Brixius went on to explain that currently there are no distinctions between Commercial Kennels
and Private Kennels in the ordinance and staff is asking the Commission to address the addition
of private kennels and definitions as it effects the Zoning Ordinance Chapter 200.2 and 2300.1.
Commission member Edgren asked if a B2A District allows for an overnight care facility.
City Planner Brixius indicated that overnight care is allowed in a B3 District.
Commission member Edgren brought up the possibility of a pet store going in to the B2A district
and if this would be allowed.
City of Albertville
Planning & Zoning Commission Minutes
April 10, 2007
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City Planner Brixius advised the Commission that the definition of Pet Store is not currently in
the Zoning Ordinance and that the Commission could recommend this be added.
Commission member Dorenbush inquired when the licensing is renewed.
City Planner Brixius informed the Commission that it is on an annual basis and a license is valid
from January 1 to December 31 of the current year.
Chair Leintz recommended that the licensing period be valid from April 1 to May 31 of the
current year.
Zoning Administrator/Building Official Sutherland commented that he liked the idea of doing a
pre-inspection prior to issuing a kennel license.
Chair Leintz closed the public hearing at 7:54 p.m.
MOTION BY Commission member Dorenbush, seconded by Commission member Prow to
continue the public hearing for the Dog Kennel Ordinance Amendment to the May 8, 2007
Planning and Zoning Commission meeting to include the recommended changes:
1. Add PET STORE Under Section 200.2 DEFINITIONS:
2. Eliminate SECTION 5 Appendix A, Chapter 3700.3 relating to accessory uses in the R-
5 District.
3. Limit Private Kennels to Single Family Lots only.
4. Add orientation of the opening of the shelter must face the owner’s residence.
Motion carried unanimously.
ADJOURNMENT
MOTION BY Commission member Kocon, seconded by Commission member Prow to adjourn
at 7:55 p.m. Motion carried unanimously.
_______________________________________
Sharon Leintz, Chair
_______________________________________
Tori Leonhardt, Certified Building Permit Technician
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MEMORANDUM
TO: Larry Kruse, City Administrator
FROM: Carie Fuhrman/Alan Brixius
DATE: May 3, 2007
RE: Albertville – NexTex Properties Review for a Condo Conversion
NAC FILE: 163.06 – 07.07
BACKGROUND
Intex Corporation/NexTex Properties has submitted an application for a condo
conversion for the property located at 5548 Barthel Industrial Drive. A conditional use
permit and site and building plan review to construct a new industrial building 24,000
square feet in size with outdoor storage was approved by the City Council on July 5,
2006.
NexTex Properties/Intex Corporation currently occupies Suite 600 of the existing
building, which is 7,600 square feet. They would now like to make the property into a
condominium association and sell the remaining 16,400 square feet of the existing
building. Tenants will be allowed to lease or purchase space ranging in size from 3,200
square feet up to 16, 400 square feet. As the space is leased or purchased, firewalls
will be constructed to separate each business.
Attachments: Exhibit A – Floor Plan
Exhibit B – Elevations
ISSUES ANALYSIS
Zoning. The property is located at 5548 Barthel Industrial Drive, which is Lot 1, Block 2
of Barthel’s Industrial Park. The property is zoned I-1, Limited Industrial District. The I-
1 District allows for office and warehouse uses.
The existing building is 24,000 square feet in area. Currently, it is divided into Suite
600, which is 7,600 square feet in area, and the remaining 16,400 square feet is empty.
No additions to the footprint of the building are being proposed at this time. In addition,
the exterior of the building will remain unchanged, including the number of overhead
doors.
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Utility Extension.
Staff Concerns: The floor plan that has been provided does not illustrate utility
extension, individual units, utility extension, or bathroom locations. Please provide a
description of how you intend to extend utilities to the individual bays and how water
usage will be tracked and billed.
Applicant’s Response: Each individual bay is already equipped with its own gas and
electric meter. All lines were run during the initial construction phase in preparation
for the multiple tenants. Bathrooms have also been roughed in for each individual
bay. Drains have been buried under the concrete, and new water lines will run along
the roof line. More water meters can be installed if needed, but until then, the cost
will be split evenly between each bay.
Building Permits.
Staff Concerns: Building permits will be required for all unit construction. Bathroom
placement, fire wall separation, and HVAC equipment will need to be addressed.
Applicant’s Response: At this time, we are leasing/selling an empty shell. Suite 600
is occupied by Nextex Properties/Intex Corporation and is separated from the
available space by a demising/firewall. Tenants can lease/purchase space ranging
in size from 3,200 square feet up to 16,400 square feet. As the space is leased or
purchased, a demising/firewall will be constructed to separate each business.
It will be the responsibility of the current building owner to apply for all permits for
construction of the demising/firewall and bathroom facilities, unless the bathroom
facility has already been constructed. It will be the responsibility of the tenant/owner
to apply for all permits for the construction of the offices. As was stated above, the
bathroom locations are already roughed in for each bay.
Parking.
Staff Concerns: The required parking for the building was calculated assuming 80%
warehousing and 20% office space. The current parking area may be too small if
these percentages are exceeded or if the building use would change to include
manufacturing or employee-intensive businesses, for instance. Please provide a
description of how the parking will be allocated to each condo unit or if the parking
will be collectively owned.
Applicant’s Response: All asphalt and parking spaces are considered common
areas in our association agreement. Until we know exactly what type of tenant will
be occupying our building that can be a tough question to answer. At this point, we
have 37 parking stalls in the front of the building and another 10 stalls in the back if
needed. I believe we have over two (2) acres of additional outdoor storage space,
which a portion could be developed into parking stalls if need be.
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Signage.
Staff Concerns: Multiple occupancy buildings are required to provide a
comprehensive sign plan (according to 10-7-8.D.) to illustrate how the building
signage will be allocated and be designed to be complementary to the building.
Applicant’s Response: These will be the current Association rules concerning
signage. As Board Members are chosen and placed there could be current rules
amended, stricken or additional rules added to this section of the Declaration.
15.04 Signs. No sign of any kind shall be displayed to the public view on any unit,
except:
A. Designations, in such styles and materials as the Board of Directors shall by
regulation approve, of street addresses and names of occupants;
1. Per section 13.05 Wiring Penetrations, no sign shall be lighted as this would
include penetration of the walls to allow for lighted signs except as authorized by
the Association.
Staff Response:
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 (10-7-8.A.1.c.).
Front 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
(10-7-8.A.1.d.).
2. Tenants are allowed (3) signs per bay & are allowed to use their individual logo
and company colors within their signage upon approval of the Board of Directors
and the adhering to city regulations.
Staff Response:
The above-mentioned Association rule must be changed to meet the
Zoning Ordinance regulations, including, but not limited to the following:
Not more than one sign may be displayed for individual tenants located
within multiple occupancy structures, which have separate exterior
entrances to their use.
3. Signage shall be located in the designated areas:
• 7 ft. by 4 ft. sign, 3 feet above and centered over the second floor
windows, located on the west side of said building near the main
entrances; except for Suite 600’s shall be located above the main
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entrance and not any higher or lower than the other designated areas for
suites 100 through 500;
Staff Response: This meets the Ordinance requirements as long as not
more than one sign is displayed, and it does not exceed 100 square feet
in area.
• 3 ft. by 2 ft. sign, either to the north or south of tenants’ main entrance
located on the west side of said building (dependent upon tenants space
being either north of south of their main entrance); no lower than 5 feet
above building grade and no higher than 7 feet above building grade;
Staff Response: This meets the Ordinance requirements, which allow
identification signs.
• 2 ft. by 2 ft. sign either to the north or south of tenants’ back entrance
located on the east side of said building (dependent upon tenants space
being either north of south of their back entrance); no lower than 5 feet
above building grade and no higher than 7 feet above building grade.
Staff Response: This meets the Ordinance requirements.
B. A “For Sale” sign may be displayed provided that it is in such styles and materials as
the Board shall by regulation approve; and
Staff Response:
The following signs are permitted subject to the special standards and
provisions contained after each specific sign situation as contained
hereafter and the provisions of sections 10-7-5 and 10-7-7 of this chapter:
A.3. "For Sale" And "To Rent" Signs – Industrial or Commercial Property
Sale or Rental:
a. In the event of an industrial or commercial sale or rental of real
property, there shall be permitted one sign facing each public street which
abuts the property being offered. Each sign shall not exceed seventy five
(75) square feet in area and must be devoted solely to the sale or rental of
the property being offered and must be removed immediately upon the
sale or rental of the last property offered at that location. Said sign may
not be located closer to the property line than fifty percent (50%) of the
setback required within the particular zoning district in which the property
is located.
C. Declarant shall be permitted to erect and maintain upon the Real Estate such
signs as it deems necessary to advertise the development during the
construction and sale periods.
Staff Response:
The following sign is exempt from the permit requirements and from the
regulations of this section; except, that it shall be set back from the street
right of way line a distance of at least one-half (1/2) of the minimum
setback specified in the district regulations:
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A temporary real estate sign not exceeding thirty two (32) square feet in
area in a commercial or industrial district and nine (9) square feet in area
in a residential, multiple-family, or agricultural district pertaining only to the
sale, rental or lease of the premises upon which displayed.
Please keep in mind the following: All signs, including electrical wiring,
supporting structures, guy wires or chains, shall be properly maintained
and kept in a safe condition. The owner of any sign shall be required to
have properly painted, at least once every three (3) years, all parts and
supports of the said sign, unless the same are galvanized or otherwise
treated to prevent corrosion.
Outdoor Storage.
Staff Concerns: Do you anticipate sharing the outdoor storage area with other
businesses?
Applicant’s Response: Once we have city approval to condo this location, a CIC
Plat will be ordered. The outdoor storage, non-common area or non-asphalt
surfaces, will be under the ownership of Nextex Properties/Intex Corporation and
noted in the CIC Plat. If tenants/owners are looking for outdoor storage, the space
will be leased out accordingly by Nextex Properties.
Landscaping. An alteration to the approved Landscape Plan from the original
conditional use permit and site plan approval is requested. The original site plans
submitted did not indicate the utility easement that runs along the northern property line.
The applicants were originally asked to plant trees along the northern property line to
the east of the pond in order to screen the property.
In order to address this problem, staff is proposing that the three most western trees
proposed along the northern property line be moved in and away from the property line,
and the remaining four trees be removed. Staff will be conducting a site visit with the
applicant in order to determine if the existing shrubs and plants will serve as adequate
screening.
Association Documents. The Association documents have been forwarded to the City
Attorney for review.
RECOMMENDATION
Staff believes that the submitted application materials meet the minimum requirements
for approval of the condominium conversion, subject to the following conditions:
1) No building permit or certificate of occupancy shall be issued until all original
conditions of the approval in July of 2006 of the conditional use permit and site
plan review to construct the industrial building with outdoor storage are met.
2) Building permits are required for all construction within the individual tenant bays.
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3) No modifications to building exteriors are being approved at this time.
4) With every building permit, the applicant or buyer shall provide an intended use
of the tenant bay to validate that the existing parking is adequate.
5) The current Association rules concerning signage must comply with the Zoning
Ordinance standards concerning comprehensive sign plans.
6) A sign permit is required for the installation of each sign.
7) The applicant shall follow the recommendations from staff regarding the
screening along the northern property line.
The following conditions were a part of the original conditional use permit and site plan
approval in June of 2006 and have been deemed outstanding:
8) The entire outdoor storage area must be fenced with a six foot fence. Details of
the fence must be supplied. Connections to existing fences require documented
permission from adjacent property owners.
9) The applicant must provide a more specific lighting plan and photometric analysis
of the proposed lighting for the parking lot and building.
10) Site circulation is subject to review and approval by the Fire Inspector to ensure
appropriate fire lanes have been provided to accommodate the City’s fire
protection equipment.
11) A proof of parking agreement must be entered into by the applicant to provide for
the additional required parking spaces, if needed.
12) Any outstanding conditions as determined by the City Engineer.
Pc. Jon Sutherland
Bridget Miller
Mike Couri
Adam Nafstad
Nextex Properties, P.O. Box 186, Rogers, MN 55374
19
MEMORANDUM
TO: Larry Kruse, City Administrator
FROM: Cassie Schumacher-Georgopoulos / Alan Brixius
DATE: May 3, 2007
RE: Albertville – Shoppes at Towne Lakes 2nd Addition
Site and Building Plans
NAC FILE: 163.06 – 07.09
RECEIVED DATE: April 10, 2007
60 DAY DATE: June 9, 2007
BACKGROUND
GCI Builders has applied for the site and building plan review for three commercial/retail
building within the Shoppes at Towne Lakes 2nd Addition. The buildings include
Building #5 on Lot 1 (10,000 square feet), Building #2 on Lot 3 (7,980 square feet),
Building #3 on Lot 4 (5,000 square feet). The Shoppes at Towne Lakes 2nd Addition
Preliminary Plat and PUD/CUP were improved November 7, 2005 and the Final Plat
was approved March 6, 2006.
Attached for Reference:
Exhibit A Final Plat
Exhibit B Phase II Site Plan 10/6/05
Exhibit C Building#5 Color Elevation
Exhibit D Building#5 Site Plan
Exhibit E Building#5 Floor Plan
Exhibit F Building#5 Elevation
Exhibit G Building#3 Color Elevation
Exhibit H Building#3 Floor Plan
Exhibit I Building#3 Elevation
Exhibit J Building#2 Color Elevation
Exhibit K Building#2 Floor Plan
Exhibit L Building#2 Elevation
Exhibit M Phase II Site Plan 04/26/07
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Exhibit N Snow Storage Plan, Pedestrian Circulation, Truck Circulation
Exhibit O Landscape Plan
Exhibit P Lighting Plan
Exhibit Q Shoppes at Towne Lakes Planning and Design Guidelines
Exhibit R Preliminary Plat Resolution
ISSUE ANALYSIS
Past Approval. In November of 2005 a PUD was approved for the Shoppes at Towne
Lakes 2nd Addition to allow flexibility in private streets, setbacks, and parking
arrangements in exchange for the applicant to provide high quality architectural
standards, landscaping, and site design to provide a pleasing retail environment.
Zoning and Setbacks. The underlying zoning of the site is B-2A with a PUD overlay.
The three proposed buildings meeting required setbacks of the district. The site layouts
of Buildings #3 and #4 were approved with the PUD in November 2005. The foot print
of Building #5 has been altered to a straight rectangular building from a angular building
set into the north east corner. The Planning Commission and City Council should
comment on the change to the building foot print.
Lot 1 Building #5. Building #5 is a 10,000 square feet building divided into four (4)
tenant bays. Each bay is shown to be equal in size of 2,500 square feet. The foot print
of Building #5 show four entrances into the building but the elevation only illustrate three
entrances. The elevations should be revised to include an entrance for each tenant.
Lot 3 Building #2. Building #2 is a 7,980 square feet building divided into three (3)
tenant bays. Each bay is shown to be equal in size of 2,660 square feet.
Lot 4 Building #3. Building #3 is a 5,000 square feet building divided into two (2) tenant
bays. Each bay is shown to be equal in size of 2,500 square feet.
Building Design and Materials. The condition of the PUD required the applicant adopt
the Shoppes at Towne Lakes Planning and Design Guidelines dated February 4, 2003.
The guidelines stipulate that the “overall architecture and landscape architecture is
to be related (though not identical) with a ‘New England’ design character. This
style is characterized by an emphasis on narrow and varied width shop fronts
with separate identities obtained by trim, siding, and façade changes.” “The
design of the building should help make the street enjoyable, visually interesting
and comfortable.” The design of the buildings shall uphold these requirements.
The proposed buildings have a mix of cultural stone, brick, and block veneer. The
buildings are to be accented with EFIS and precast concrete sills and fabric canopies
accenting the entrances. All of the proposed materials meeting the requirements;
however, the Shoppes at Towne Lakes Planning and Design Guidelines specify that the
buildings overall architecture should be of New England character. Comparing the
requirements of the design guidelines with the proposed color renderings of the
buildings, we feel that the renderings do not present a “New England character.” The
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buildings proposed portray more modern architectural styles than historical. The flat
roofs proposed for the buildings are ideal for using parapets to screen roof top exterior
transformers and air conditioning units. However, the parapets should be shaped to
resemble a roof line that is less modern and more historical as is seen throughout the
entire Towne Lakes development.
The buildings look as though they are one single retail store and in order to establish
individual business identity will have to rely heavily on signage. The New England style
is characterized by an emphasis on narrow and varied width shop fronts with separate
identities obtained by trim, siding, and façade changes.” All of the proposed buildings
are of the same materials and details, no variety other than parapets have been used to
shape the visitors experience. The buildings, in order to shape a pedestrian friendly
experience, should be designed with varied roof lines and varied individual store fronts
across all three proposed buildings.
The buildings must represent themselves as attractive from all sides; therefore, the
varied facades and roof lines should envelop all sides of the buildings.
Through staff review we feel that the building designs do not accomplish the goals of
the design guidelines and would like to see varied store fronts and roof lines on all
buildings. The building elevations show repetitive buildings materials and details with
only a slight shift in color and contemporary parapet shape.
Landscaping and Screening. The landscape plan provides a large selection of variable
plantings. However, continuous lines of plantings shall be provided along all parking
stalls facing any right-of-way in order to protect drivers for the glare of headlights.
Specifically these rows of plantings shall be placed along parking lot even when a
shade tree is present. All intersection corners shall be clear of any plantings in order to
maintain open site lines of crossing traffic.
HVAC Screening. All HVAC equipment shall be screening by rooftop parapets and
shall be specified on the building elevations and shown in relation to the parapets. A
rooftop plan of the HVAC equipment shall be provided.
Parking. The total amount of parking provided between the three buildings is 157 stalls.
The original plans showed 162 stalls between the three lots. The reduction of the five
stalls is from the reconfiguration of Building #5 on Lot 1. The reduction of five stall on
Lot 1 creates a deficiency of 3 stalls for Building #5; however, Lots 3 and 4 provide
access parking. Therefore, cross easements shall be established between Lots 1, 2, 3,
and 4 in order to share parking across the entire site.
Lighting. A photometric plan has been submitted showing lighting focused on the
interior of the entire. The photometric readings meet the requirements of the
Ordinance; however, building lighting on all for sides of each building shall also be
shown on the photometric drawings. All light fixtures shall be the same as the light
fixtures used for Shoppes of Towne Lakes 1st Addition.
22
Signage. One pylon sign is proposed at the north west corner of Lot 3 along CSAH 19,
no details have been submitted for this proposed sign. A monument sign is proposed
for the north east corner of Lot 4 along Linwood Drive. The details for the monuments
show the sign will have 6 individual sign faces plus the title face for the development.
The total area of all of the sign faces is 95 square feet and the sign is proposed to be
22’5” in height and exterior light fixtures are shown to light the sign. The total area and
height of the monument sign exceeds the requirements listed as a condition of the
preliminary plat and PUD. The conditions of the Preliminary Plat and PUD required that
the monument signs not exceed 12 feet in height and 80 square feet in area. Also the
conditions require that all signs must be setback a minimum of 20ft from all property
lines.
The wall signs per each building are as follows:
Building #5 – Three signs 12.75 square feet each for four tenants
Building #3 – Three signs 12.75 square feet each for three tenants
Building #2 – Two signs 12.75 square feet each for two tenants
The building signage meets the requirements of the ordinance. However, we are
concerned with the number of signs proposed on Building #5 and the number of tenants
shown in the floor plan.
Truck Traffic and Loading. Deliveries and loading is proposed to happen either at the
front of the buildings or to the sides since there is no access to the rear of the buildings.
Trash Enclosure. Trash enclosures for Buildings #5 and #3 are proposed to be to the
side of the building and the trash enclosure for Building #2 is located at the rear of the
building. All of the enclosures are drawn as the same size even though the number of
tenants in each building varies. The trash enclosures should be size to reflect the
number of tenants using the buildings.
Pedestrian Circulation. The site illustrates that sufficient pedestrian movement is
provided with sidewalks and crosswalks.
Snow Storage. The snow storage plan shows that some snow storage will occur at
intersections within the site. The snow storage plan should be revised to clear all site
lines at intersections.
RECOMMENDATION
Based on the review of the submitted plans and past documents, our office
recommends that the Planning Commission and City Council either approve the
buildings as proposed or allow the applicant the opportunity to create buildings of higher
architectural quality and continue the conversation to the June meeting. Either decision
of the Site and Building Review for Lot 1 Building #5, Lot 3 Building #2, and Lot 2
Building #3 for Shoppes at Towne Lakes 2nd Addition shall be motioned with the
following conditions:
23
1. The elevation of Building #5 shall be revised to include four entrances as shown
on the building plan.
2. The Shoppes at Towne Lakes Planning and Design Guidelines dated February 4,
2003 shall be readopted as part of the design standards of this project. All
buildings shall be designed to meet these standards.
3. The buildings shall be redesigned to meet the “New England” style requirement
and shall be designed with varied roof lines and individual store fronts per each
tenant space for all three buildings.
4. The varied facades and roof lines shall envelop all sides of the buildings.
5. Continuous rows of screening shall be provided along all parking stalls where the
headlights would shine into the streets.
6. All intersection corners shall be clear of any plantings in order to maintain open
site lines.
7. All HVAC equipment shall be screened by roof top parapets and shall be
specified on the building elevations. A rooftop plan of the HVAC equipment shall
be provided.
8. Cross easements shall be established between Lots 1, 2, 3, and 4 to allow share
parking between the lots.
9. All lighting fixtures shall be the same as the light fixtures used for Shoppes at
Towne Lakes 1st Addition. Details regarding the heights for all fixtures shall also
be provided.
10. The photometric plan shall be revised to show building lighting.
11. Details for the pylon sign along CSAH 19 shall be provided before approval is
granted.
12. The monument sign along Linwood Drive shall be resized to have no more than
80 square feet of signage and no more than 12 feet high.
13. All signs shall be setback 20 feet from all property lines.
14. Trash enclosures shall be sized to reflect the number of tenants using the
buildings.
15. Snow storage shall not be located with in the site lines of intersection.
16. If any tenant of the buildings is to have a private delivery truck, the truck shall be
shown on the site plan for approval of the storage location.
24
17. A revised grading plan shall be submitted for the rearrangement of Building #5
and reviewed and approved by the City Engineer.
Pc Bridget Miller
Jon Sutherland
Mike Couri
Adam Nafstad
Al Keller, GCI Builders Inc., 2750 County Road 74, St. Cloud, MN 56301
Adopted by the Albertville City Council this 7th day of November 2005.
City of Albertville
By: ______________________
Don Peterson, Mayor
Attest:
By: ___________________________
Bridget Miller, City Clerk
57
59
MEMORANDUM
TO: Larry Kruse, City Administrator
FROM: Cassie Schumacher-Georgopoulos / Alan Brixius
DATE: May 3, 2007
RE: Albertville – Kennel Ordinance Text Amendment
NAC FILE: 163.05 – 07.09
BACKGROUND
The City of Albertville has requested changes to the language for kennels and the care
of animals in the City Code and Zoning Ordinance. After discussions with the City
Council and Albertville residents at the March 19, 2007 Council Meeting, City Attorney
Mike Couri presented the Council with City Code amendments for animal control
regulations (Exhibit A) on April 2, 2007. Specifically the amendment added new
language regarding the allowance of private kennels and the maintenance of
commercial and private kennels. Our office has prepared language to update the
Zoning Ordinance in response to the changes of the City Code for the care of animals
and the allowance of kennels and veterinary clinics within each applicable zoning
district.
Attached for Reference:
Exhibit A City Code Amendment relating to Specific Animal Control Regulations
Exhibit B Zoning Ordinance Amendment relating to Care of Animals and Zoning
Districts
The first proposed change to the zoning ordinance is the inclusion of new definitions for
private kennels and commercial kennels. Also included is a definition for facilities for
keeping animals which is provided for clarity of the requirements in the section Care of
Animals. The definition for veterinary clinic has been updated to require a clinic to be
owned and operated by a licensed veterinarian. The new definitions are as follows:
60
FACILITIES FOR HOUSING ANIMALS: Any structure designed, built, and/or installed
to house animals.
KENNEL: Any place where more than two (2) animals over six (6) months of age are
kept or harbored, such animals being owned or kept by the owner or lessee of the
premises wherein or whereupon the animals are kept or harbored. A "commercial
kennel" is any place where a person, firm, or corporation accepts animals from the
general public and where such animals are kept for the purpose of selling, boarding,
breeding, training, treating or grooming, except a veterinary clinic.
KENNEL, COMMERCIAL: any place where: 1) more than two (2) dogs over six months
of age are owned, kept, boarded, or bred for purpose of sale; or 2) more than two (2)
dogs over six months of age and owned by persons other than the kennel owner are
kept or boarded for a fee or other remuneration.
KENNEL, PRIVATE: any place where more than two (2) dogs over six months of age
owned by the kennel owner are kept for private enjoyment and not for breeding sale, a
fee or other remuneration.
PET SHOP: A place kept or maintained for the exhibition for sale, or sale or purchase of
live dogs, cats, rabbits or other small animals, or any birds, reptiles or fish. Pet shops
may include incidental animal grooming and adoption activities, but not animal
hospitals, veterinary clinics, or places selling live bat for fishing.
VETERINARY CLINIC: Those uses concerned with the diagnosis, treatment,
hospitalization, surgery and medical care of animals, which place is owned and
operated by a licensed veterinarian. including animal or pet hospitals.
In Chapter 2300, regarding to the Care of Animals, we are proposing changes to
address the location of animals’ facilities. In residential districts the facilities for keeping
animals shall maintain the minimum setback from the property line to reduce the impact
of an animal(s) on the neighboring property. Commercial and industrial districts will not
be allowed to have outdoor facilities for keeping animals in order to reduce the noise
and waste nuisances within those areas. The proposed changes are as follows:
Chapter 2300.1 Care of Animals
F. Disposal facilities shall be provided to minimize vermin, infestation, odors, and
disease hazards.
G. All outdoor facilities for housing or confining animals shall maintain the required
minimum principal building setbacks for the applicable residential zoning districts.
H. The entrance of all outdoor facilities and/or dog houses shall be oriented towards
the interior of the property on which the outdoor facility is located.
61
I. No outdoor facilities for housing commercial kennels or veterinarian clinics shall be
constructed within the commercial or industrial districts.
Zoning Districts. The following table shows the districts in which veterinary clinics
and kennels are allowed and the proposed changes to each district regarding clinics
and private kennels:
Zoning District Current Allowed Use Changes to Use
A-1, Agricultural Rural Keeping Animals,
Kennels and Animal
Hospitals by CUP
None*
A-2, Agricultural Transitional Keeping Animals, No
Kennels
None
R-1A, Residential Low Density Domestic Animals Addition of Private Kennels
R-1, Residential Single Family Domestic Animals Addition of Private Kennels
R-2, Residential Single and
Two Family
Domestic Animals Addition of Private Kennels
only to Single Family
R-3, Residential Single and
Two Family
Domestic Animals Addition of Private Kennels
only to Single Family
R-4, Residential Two Family,
Townhouse, Quadraminium
Domestic Animals None
R-5, Residential Medium
Density
Domestic Animals None*
R-6, Residential High Density Domestic Animals None
R-7, Residential Special
Purpose, High Density
Domestic Animals None
R-8, Residential Mixed Housing Domestic Animals None
R-MH, Manufactured Housing
Residential
Domestic Animals Addition of Private Kennels
B-2, Limited Business No Kennels or Clinics None
B-2A, Special Business Clinics with no overnight
care, No Kennels
None*
B-3, Highway Commercial Clinics with overnight
care, No Kennels
None*
B-4, General Business Clinics with no overnight
care, No Kennels
None*
B-W, Business-Warehousing Clinics with overnight
care and kennels
None*
I-1, Limited Industrial No Clinics or Kennels None
L-2, General Industrial No Clinics or Kennels None
* Wording of the language was changed to fit ordinance definitions, but not a specific use
change unless otherwise noted.
The City Code regulates that all commercial kennels shall be operated as part of a
veterinary clinic at the same location; therefore, commercial kennels shall only be
allowed in the A-1 district and B-W District as is stated by the ordinance. The Code also
regulates that no kennel may house more than 30 dogs at one time.
62
The proposed changed to the zoning districts is primarily to allow private kennels in
single and two-family district, while providing some clarity for clinics in the agricultural
and business districts.
Attached are the recommended Ordinance changes found in Exhibit B. We are seeking
discussion, and recommended changes or concerns for the approval of the proposed
amendments.
Pc Bridget Miller
Jon Sutherland
Mike Couri
Adam Nafstad
CITY OF ALBERTVILLE
WRIGHT COUNTY
STATE OF MINNESOTA
ORDINANCE 2007-________
AN ORDINANCE AMENDING THE 2005 ALBERTVILLE MUNICIPAL
CITY CODE RELATING TO SPECIFIC ANIMAL CONTROL REGULATIONS
BY AMENDING TITLE 6, CHAPTER 2, SECTIONS 1 THROUGH 21
THE CITY COUNCIL OF THE CITY OF ALBERTVILLE DOES ORDAIN AS FOLLOWS:
The Albertville City Code shall be amended by replacing the existing Sections 6-2-1 through
Sections 6-2-20 with the following amended Sections 6-2-1 through 6-2-21:
6-2-1: DEFINITIONS:
Unless the context clearly indicates otherwise, the words, combination of words, terms,
and phrases as used in this chapter shall have the meanings set forth as follows:
ANIMAL: every non-human species of animal, both domestic and wild.
ANIMAL CONTROL AUTHORITY: a person employed by or under contract with
the City or Wright County who is responsible for animal control enforcement and
investigating noise complaints, including all on-duty Wright County deputies and
the Wright County Sheriff while operating in the City.
DOG: any animal in whole or in part of the species canis familiarus.
AT LARGE: A dog is "at large" when it is off the property of the person owning,
harboring, or keeping said dog, and it is not under restraint.
CITATION: A notice or complaint issue by the animal control authority to the owner
of any animal apprising said owner of one or more violations of this chapter.
KENNEL, COMMERCIAL: any place where: 1) more than two (2) dogs over six
months of age are owned, kept, boarded, or bred for purposes of sale; or 2) more
than two (2) dogs over six months of age and owned by persons other than the
kennel owner are kept or boarded for a fee or other remuneration.
KENNEL, PRIVATE: any place where more than two (2) dogs over six months of
age owned by the kennel owner are kept for private enjoyment and not for
breeding, sale, a fee or other remuneration.
EXHIBIT A 63
KENNEL RUN: enclosed area, indoor or outdoor, whereupon animals are kept to
allow such animals to exercise.
OWNER: Any person owning, keeping, harboring, or acting as custodian of a dog or
other domesticated animal.
PERSON: one (1) or more natural persons; a partnership, including a limited
partnership; a corporation; a trust; or any other business organization or
association.
PET SHOP: A place kept or maintained for the exhibition for sale, or sale or purchase of
live dogs, cats, rabbits or other small animals, or any birds, reptiles or fish. Pet shops may
include incidental animal grooming and adoption activities, but not animal hospitals,
veterinary clinics, or places selling live bait for fishing.
PREMISES: Any building, structure, shelter, or land whereon dogs or other animals are
kept or confined.
PUBLIC NUISANCE ANIMAL OR ANIMALS: Any animal which:
A. If a dog, is repeatedly found at large.
B. Damages the property of anyone other than its owner.
C. Is a vicious animal.
D. Causes fouling of the air by odor.
E. Causes unsanitary conditions of enclosures or surroundings.
F. By virtue of number or types of animals maintained, is offensive or dangerous to
the public health, safety, or welfare.
G. Excessively makes disturbing noises.
H. Molests passersby or passing vehicles.
I. Attacks other domestic animals.
UNDER RESTRAINT: A dog is "under restraint" if it is on the premises of the person
harboring or keeping the dog; if it is within a private motor vehicle of a person owning,
harboring, or keeping the dog; or if it is controlled by a leash not exceeding six feet (6') in
length.
EXHIBIT A 64
VETERINARY HOSPITAL: Place for the treatment, hospitalization, surgery, care, and
boarding of animals, which place is owned and operated by a licensed veterinarian.
VICIOUS ANIMAL OR ANIMALS: Any animal or animals which constitute a physical
threat to human beings or other animals by virtue of one or more attacks of such severity
as to cause property damage or physical injury, however slight. (Ord. 1989-5, 5-16-1989;
amd. 2005 Code)
ALTERED: spayed female or neutered male dog over six months of age.
UNALTERED: non-spayed female or non-neutered dog over six months of age.
6-2-2: ANIMAL CONTROL OFFICER; ANIMAL CONTROL AUTHORITY:
A. Animal Control Officer or Animal Control Authority: The city council may appoint
or designate an animal control officer or animal control authority to enforce the
provisions of this chapter and to perform such duties in connection with the
enforcement hereof as the city administrator or this code may direct. (Ord. 1989-5, 5-
16-1989)
B. Animal Control Authority:
1. The animal control officer or animal control authority may authorize, at such
times as he or she may deem necessary, persons to be designated as animal control
authority and to purchase equipment for the purpose of capturing and conveying to
an animal pound all animals in violation of this code. Such animal control authority
shall be under the supervision of the city administrator. Such animal control
authority is authorized to issue violation tags and to carry and display appropriate
badges or identification. (Ord. 1989-5, 5-16-1989; amd. 2005 Code)
2. No person shall in any manner molest, hinder, or interfere with the animal control
authority employed directly or by contract with the city to capture animals and
convey them to the animal pound while such person is engaged in such occupation.
(Ord. 1989-5, 5-16-1989)
6-2-3: DOG LICENSING PROVISIONS:
A. License Required: No person shall keep any dog within the city without securing a
license therefor from the city clerk, who shall keep a record of all licenses issued and
shall issue a metal tag for each license. Proof of vaccinations shall be submitted in
order to obtain a license. (Ord. 1989-5, 5-16-1989)
EXHIBIT A 65
1. The licensee shall at all time remain compliant with all applicable local, state
and or federal laws, rules and or regulations. Any violation of any applicable
local, state and or federal laws, rules and or regulations, may result in the
immediate revocation of the license.
B. Fees and Application Requirements: It shall be required of each person owning,
keeping, or harboring a dog to pay a license fee to the city administrator or finance
director as imposed by this section. The license fee for any dog shall be computed at
the rate duly set by resolution of the council. Each application for such license shall
include a statement, signed by the person applying for the license, which certifies that
the dog has been inoculated for rabies not more than twenty four (24) months
preceding the date of application. Upon receipt of the license fee and the signed
application, the city administrator or finance director shall execute the receipt in
duplicate, the original of which shall be given to the person who pays the fee. The
duplicate shall be retained in the records of the city administrator. This receipt shall
describe the dog as to color, breed, age, sex, and weight. Any owner shall produce for
inspection the license receipt upon the request of the animal control authority.
C. Dog Tags: The city administrator shall procure a sufficient number of metallic tags for
delivery of one such tag to the person paying the license fee. It shall be the
responsibility of the owner of the dog for which said tag was obtained to permanently
attach the tag to the collar of the dog in such manner that the tag may be readily seen.
The tag is not transferable to any other dog or to a new owner of the dog. If a tag is
lost or stolen, the owner may obtain a new tag by surrendering the license receipt for
the first tag and by paying an additional fee as duly set by resolution of the city
council. (Ord. 1989-5, 5-16-1989; amd. 2005 Code)
D. Unauthorized Use of Dog License Receipts, Tags And Certificates: It shall be
unlawful for any person to use for any dog a license receipt, license tag, or a rabies
inoculation certificate issued to another person or dog. (Ord. 1989-5, 5-16-1989)
E. Commercial Kennel License: may be issued by the Animal Control Authority.
F. Private Kennel License: may be issued by the Animal Control Authority.
6-2-4: DOGS AT LARGE PROHIBITED:
No dog shall be allowed by its owner to run at large, and every owner of a dog shall
cause the same to be:
A. Confined to the owner's property by training, fencing, or leashing, and females in heat
shall be confined in an enclosure and so kept and confined therein during such entire
period and until such dogs shall not attract other dogs on account thereof.
EXHIBIT A 66
B. While in any public place, such as a school, playground, or a park, to be on a leash,
chain, or cord of not more than six feet (6') in length and in the custody of a person of
sufficient age to adequately control the dog at all times.
C. While in all other areas, such as on a public street or in an automobile, to be in the
custody of a person of sufficient age to adequately control the dog at all times, and to
have and keep said dog under control. (Ord. 1989-5, 5-16-1989)
6-2-5: ABANDONMENT OF ANIMALS PROHIBITED:
It shall be unlawful to abandon any dog or other animal within the city. (Ord. 1989-5, 5-
16-1989)
6-2-6: RABIES CONTROL:
A. Vaccination Of Dogs And Cats Required: No person shall keep, harbor, or maintain
care, custody, or control over any dog or cat over four (4) months of age unless said
dog or cat has been vaccinated in accordance with the terms of this section. After
three (3) months of age and before four (4) months of age, the dog or cat shall be first
vaccinated with an approved rabies vaccine. Within twelve (12) months after its
original vaccination, the dog or cat shall receive a booster vaccination with an
approved rabies vaccine. Thereafter, the dog or cat shall receive booster vaccinations
every twelve (12) to thirty six (36) months, depending on the prescribed frequency of
booster vaccinations in the manufacturer's specifications for the vaccine previously
used. All rabies vaccinations shall be performed by or under the direct supervision of
a licensed veterinarian, and the dog or cat owner shall obtain a certificate of
vaccination.
B. Impoundment And Confinement Of Rabies Suspects:
1. Any dog or cat not vaccinated in accordance with subsection A of this section
which has bitten any person and caused an abrasion or puncture of the skin of such
person shall be seized and impounded under the supervision of a licensed veterinarian
or at the city contract kennel facility for a period of not less than ten (10) days. If,
after a complete examination by a veterinarian, the dog or cat has no clinical sign of
rabies, it may be released to the owner upon the condition that the owner has the
animal vaccinated as required by subsection A of this section and licensed as required
by subsection 6-2-3A of this chapter. In the case of a stray, the animal shall be
disposed of in accordance with the applicable laws. It shall be unlawful for any owner
or person having custody or control of any dog or cat not vaccinated in accordance
with subsection A of this section and which has bitten any person to refuse to release
such dog or cat and make it immediately available to the animal control authority
for the purpose of quarantine.
EXHIBIT A 67
2. Any dog or cat vaccinated in accordance with subsection A of this section which
has bitten any person shall be confined by the owner or other responsible person in
such manner as the animal control authority may direct and for a period of not less
than ten (10) days. The animal control authority or authorized representative shall
conduct a midterm and terminal examination of the animal. If no signs of rabies are
observed by the animal control authority, the dog or cat may be released from
confinement. It shall be unlawful for any owner or person in custody or control of any
vaccinated dog or cat which has bitten any person to refuse or fail to quarantine such
dog or cat as required by this subsection B2. The animal control authority, or his
agent, shall seize any dog or cat not quarantined in accordance with this subsection
B2. (Ord. 1989-5, 5-16-1989; amd. 2005 Code)
3. Any other animal which has bitten any person and caused an abrasion or puncture
of the skin of such person shall be seized and impounded under the supervision of a
licensed veterinarian or at the city contract kennel facility for a period of not less than
ten (10) days. If, after a complete examination by a veterinarian, the animal has no
clinical signs of rabies, the animal may, with the approval of the animal control
authority, be released to the owner. In the case of an unclaimed animal, it shall be
disposed of in accordance with applicable laws. It shall be unlawful for any owner or
person in custody or control of any animal which has bitten any person to refuse to
release such animal and make it immediately available to the animal control
authority for the purpose of quarantine.
4. Any rabies suspect impounded or confined under this subsection which is found to
be sick or diseased shall be reported immediately in writing to the animal control
authority by the attending veterinarian or operator of the quarantine facility. The
animal control authority shall then take possession of such animal for the purpose of
determining if it is suffering from rabies. (Ord. 1989-5, 5-16-1989)
6-2-7: DISEASED OR DANGEROUS ANIMALS:
A. Any dog or other animal displaying symptoms of being rabid may be seized at any
place or time and shall be confined in the city dog pound, or other appropriate place
designated for such purpose by the council from time to time, at the expense of the
owner, until found to be free from rabies.
B. If any dog or other animal appears to be diseased, vicious, dangerous, rabid, or has
been exposed to rabies, and such dog or other animal cannot be taken up and
impounded without serious risk, such dog or other animal may be killed if reasonably
necessary for the safety of any person or persons. (Ord. 1989-5, 5-16-1989)
C. When any dog or other animal has bitten any person, wherein the skin has been
punctured or the services of a doctor are required, a report of the incident shall be
EXHIBIT A 68
made to the animal control authority by the owner or custodian of the biting dog or
animal or the person bitten or his parent or guardian within twenty four (24) hours of
the bite. (Ord. 1989-5, 5-16-1989; amd. 2005 Code)
6-2-8: DANGEROUS DOGS:
A. Definitions:
DANGEROUS DOG: A canine animal which has:
1. Without provocation, inflicted substantial bodily harm on a human being on
public or private property;
2. Killed a domestic animal without provocation while off the owner's property; or
3. Been found to be potentially dangerous, and after the owner has notice that the
dog is potentially dangerous, the dog aggressively bites, attacks, or endangers the
safety of humans or domestic animals.
POTENTIALLY DANGEROUS DOG: Any canine animal that:
1. When unprovoked, inflicts bites on a human or domestic animal on public or
private property;
2. When unprovoked, chases or approaches a person, including a person on a
bicycle, upon the streets, sidewalks, or any public or private property, other than the
dog owner's property, in an apparent attitude of attack; or
3. Has a known propensity, tendency, or disposition to attack unprovoked, causing
injury or otherwise threatening the safety of humans or domestic animals. (Ord.
1989-5, 5-16-1989; amd. 2005 Code)
B. Authority To Destroy: The animal control authority shall have the authority to order
the destruction of dangerous dogs.
C. Procedure: The animal control authority or his designee, after having been advised
of the existence of a dangerous dog, may proceed in the following manner:
1. Notice To Owner; Hearing:
a. The animal control authority shall cause the apparent owner to be notified in
writing or in person that his dog appears to be dangerous. The apparent owner shall
be notified as to dates, times, places, and parties bitten, and shall be given ten (10)
EXHIBIT A 69
days to request a hearing before the animal control authority for determination as
to the dangerous nature of the dog.
b. If the apparent owner does not request a hearing within ten (10) days of said
notice, the animal control authority shall make such order as he deems proper.
The animal control authority may order the dog into custody for destruction. If
the dog is ordered into custody for destruction, the owner shall immediately make
the dog available to the animal control authority.
c. If the owner requests a hearing for determination as to the dangerous nature of
the dog, the hearing shall be held before the courts, which shall set a date for
hearing not more than three (3) weeks after demand for said hearing. The records of
the animal control authority shall be admissible for consideration by the courts
without further foundation. After considering all the evidence pertaining to the
temperament of the dog, the court shall make a determination as to whether or not
the dog is dangerous. If the dog is found to be dangerous, the court shall make such
order as it deems proper. The court may order the animal control officer to take the
dog into custody for destruction. If the dog is ordered into custody for destruction,
the owner shall immediately make the dog available to the animal control officer.
2. Impoundment; Quarantine; Destruction: If a dangerous dog is running at large, the
animal control authority shall apprehend the dog; and if, upon apprehension, the
dog bears no identification which reasonably reveals its ownership, the animal
control authority shall impound the dog until the quarantine period is completed. If
the dog has not been claimed, it shall be immediately destroyed.
3. Harboring Dangerous Dog Prohibited: No person shall harbor a dog after it has
been found by the animal control authority to be dangerous and ordered into
custody for destruction. (Ord. 1989-5, 5-16-1989)
6-2-9: CONFINEMENT OF ANIMALS THAT BITE:
Every fierce, dangerous, or vicious animal, including dogs, that has a history of biting a
human or any domestic animal shall be confined by the owner within a building or
secure, covered enclosure. Such animal shall not be taken out of such building or secure,
covered enclosure unless muzzled and on a leash. (Ord. 1989-5, 5-16-1989)
6-2-10: WILD OR VICIOUS ANIMALS PROHIBITED:
No person shall keep or allow to be kept any place in the city an animal of a ferocious or
vicious character, habit, or disposition, or any animal which is wild by nature. (Ord.
1989-5, 5-16-1989)
EXHIBIT A 70
6-2-11: NUISANCE, VICIOUS ANIMALS:
No person shall keep, own, harbor, or otherwise possess within the city an animal which
is a public nuisance animal or vicious animal. (Ord. 1989-5, 5-16-1989)
6-2-12: DOGS DISTURBING THE PEACE:
It shall be unlawful for any person to own, keep, have in possession, or harbor any canine
which howls, yelps, or barks to the reasonable annoyance of another person or persons.
Any person violating this section who, upon first request by an animal control authority
or any duly authorized assistant to stop or prevent the annoyance, refuses to comply with
the request, will be issued a citation; and if the officer deems it necessary to stop the
annoyance, he may have the canine taken to the city animal pound. Any canine placed in
the pound may be reclaimed by the owner upon payment of the fee prescribed. If not
reclaimed, it may be disposed of in the proper manner. (Ord. 1989-5, 5-16-1989)
6-2-13: IMPOUNDMENT OF DOGS:
A. The animal control authority shall seize and impound any dogs running at large or
any dogs found in the city without the tag provided by this chapter. To enforce this
chapter, the animal control authority may enter upon any private premises in pursuit
of a dog running at large. It shall be unlawful for any person or persons to interfere
with the animal control authority engaged in taking a dog hereunder for impounding
or to refuse to surrender a dog to the animal control authority for confinement as
required.
B. The animal control authority may seize or impound any dog found astray on public
property or claimed to be astray by the owner of the premises upon which such
animal may be found; provided, that the owner of the premises demands such seizure
or impoundment and agrees in writing to indemnify and hold harmless the city from
any claim for damages by the owner of said dog. Disposition of such impounded stray
shall thereafter be pursuant to the provisions of this chapter. (Ord. 1989-5, 5-16-1989)
6-2-14: REDEMPTION OF IMPOUNDED ANIMALS:
A. Fees: The owner or harborer of dogs impounded shall be liable for the impoundment
fees, plus the charges or fees for transporting the animal to the animal impound
facility, and for boarding and keeping the dog while impounded. The impoundment
fees and the charges for transporting, boarding and keeping a dog shall be established
by resolution of the city council. All fees and charges shall be paid prior to the release
of the dog. (Ord. 1989-5, 5-16-1989; amd. 2005 Code)
EXHIBIT A 71
B. Release Form: The city administrator shall deliver a release form to the owner or
harborer of a dog after payment to the city of all fees and charges provided for herein,
other than the boarding and keeping fees collected directly by the animal impound
facility, which release form shall be displayed to the animal impound facility utilized
by the city.
C. Disposition Of Unredeemed Animals: If, at the end of six (6) days after said
impounding, the dog or other animal has not been redeemed, it may be sold at private
sale, or the keeper of the pound may dispose of the dog or other animal in a humane
manner or pursuant to the terms of Minnesota statutes section 35.71. (Ord. 1989-5, 5-
16-1989)
6-2-15: EXCREMENT REMOVAL:
A. Owner's Property: The owner of any dog or any person having the custody or control
of any dog shall be responsible for cleaning up any feces of the animal and disposing
of such feces in a sanitary manner. (Ord. 1989-5, 5-16-1989; amd. 2005 Code)
B. Property Of Another; Public Property:
1. It is unlawful for any person owning, keeping, or harboring a dog to cause or
permit said dog to be on property, public or private, not owned or possessed by such
person, without having in his/her immediate possession a device for the removal of
feces and depository for the transmission of excrement to a proper receptacle located
on the property owned or possessed by such person.
2. It is unlawful for any person in control of, causing, or permitting any dog to be on
any property, public or private, not owned or possessed by such person, to fail to
remove feces left by such dog to a proper receptacle located on property owned or
possessed by such person.
C. Exemptions: The provisions of this section shall not apply to the ownership or use of
seeing eye dogs by blind persons, dogs when used in police activities by the city, or
tracking dogs when used by or with the permission of the city.
D. Citation Issuance: Any animal control warden, or any duly authorized officer or agent
authorized by the city administrator, may issue citations. (Ord. 1989-5, 5-16-1989)
6-2-16: COMMERCIAL KENNELS
A. License Required: No person shall operate a commercial dog kennel in the city
without first obtaining a license and being compliant with the zoning ordinance.
EXHIBIT A 72
B. Application For License Fee: Application for such license shall be made to the animal
control authority and shall be accompanied by the fee established by resolution of
the city council.
C. Annual License; Expiration; Fee: Commercial kennel license shall be issued on an
annual basis expiring on December 31 following the first effective day of the kennel
license. The commercial kennel license fee shall be the amount per year or fraction
thereof as set by resolution of the city council. (Ord. 1989-5, 5-16-1989; amd. 2005
Code)
D. Number Of Dogs: No person shall own, harbor, or keep upon his premises more than
two (2) dogs over the age of six (6) months unless in a commercial kennel duly
licensed under this section or a private kennel duly licensed under section 6-2-17 and
provided such commercial kennel is operated as part of a veterinary clinic operation at
the same location. The maximum number of dogs permitted in a commercial kennel
shall be 30.
E. Commercial Kennel License: A license for a commercial kennel may be issued by the
animal control authority for the keeping of dogs. Such license shall specify any
restrictions, limitations, conditions or prohibitions which the animal control
authority deems reasonably necessary to protect any person or neighboring use from
unsanitary conditions, unreasonable noise or odors, or annoyance, or to protect the
public health or safety, including the health and safety of the animals to be housed in
the kennel. Such a license may be modified from time to time or revoked by the
animal control authority or the City Council for failure to conform to such
restrictions, limitations, conditions, or prohibitions. Such modification or revocation
shall be effective after ten (10) days following the mailing of written notice thereof by
certified mail to the person or persons keeping or maintaining such dogs.
F. Sanitary Premises: Commercial kennels shall be kept in a clean and healthful
condition at all times and shall be open for inspection by duly authorized city
authorities at any reasonable time. A commercial kennel license may be revoked by
the animal control authority or the city council by reason of the violation of this
chapter or any health or nuisance order, laws, or regulations. (Ord. 1989-5, 5-16-
1989)
6-2-17: PRIVATE KENNELS
A. License Required: No person shall operate a private dog kennel in the city
without first obtaining a license and being compliant with the zoning ordinance.
EXHIBIT A 73
B. Application For License Fee: Application for such license shall be made to the
city administrator or city clerk and shall be accompanied by the license fee
established by resolution of the city council.
C. Annual Licenses; Expiration; Fee: Private kennel licenses shall be issued on an
annual basis, expiring on December 31 following the first effective day of the
kennel license. The private kennel license fee shall be the amount per year or
fraction thereof as set by resolution of the city council. Such license shall specify
any restrictions, limitations, conditions or prohibitions which the animal control
authority deems reasonably necessary to protect any person or neighboring use
from unsanitary conditions, unreasonable noise or odors, or annoyance, or to
protect the public health or safety. Such a license may be modified from time to
time or revoked by the animal control authority or the city council for failure to
conform to such restrictions, limitations, conditions, or prohibitions. Such
modification or revocation shall be effective after ten (10) days following the
mailing of written notice thereof by certified mail to the person or persons
keeping or maintaining such dogs.
D. Maximum Number Of Dogs Without a Kennel License: No person shall own,
harbor, or keep upon his premises more than two (2) dogs over the age of six (6)
months unless in a private dog kennel duly licensed under this section or unless
in a commercial dog kennel duly licensed under the City code.
E. Maximum Number of Dogs: The maximum number of dogs that may be
contained in any duly licensed private dog kennel is 6, provided the following
conditions are met:
1. When the dogs remain outside and not on a leash, they shall remain confined
in a fenced area where the fence acts as a physical barrier (not an electronic
fence) that reasonably restrains the dogs to a confined area.
2. All such dogs must be formally trained through obedience school or other
such training program.
3. All such dogs must have a micro-chip identification device inserted in their
skin.
4. All such dogs shall be trained for one or more of the following specialized
uses: sled dog team, assistance, guide, hearing or service for a handicapped
person, and police canine unit, including sniffer, tracking and rescue uses.
5. The applicant must demonstrate a need for the requested number of dogs.
F. Consent of Neighboring Property Owners: The animal control authority may
grant any license pursuant to this section after the applicant has sought and
received the written consent of at least eighty percent (80%) of the occupants of
the several descriptions of the real estate situated within one hundred feet (100')
EXHIBIT A 74
of the applicant's real estate. Such written consent shall be required on the first
and initial application and as often thereafter as the city administrator or city
clerk deems necessary.
G. Sanitary Premises: Private kennels shall be kept in a clean and healthful
condition at all times and shall be open for inspection by duly authorized city
authorities at any reasonable time. A private kennel license may be revoked by
the animal control authority or the city council by reason of the violation of this
chapter or any health or nuisance order, laws, or regulations.
6-2-18: MAINTENANCE, LOCATION, AND CONDITION OF ANIMAL
QUARTERS AND COMMERCIAL AND PRIVATE KENNELS:
A. Animal housing facilities and commercial and private kennel facilities shall be
structurally sound and maintained in good repair. Indoor housing facilities should be
adequately ventilated and have ample light and heat, either natural or artificial. (Ord.
1989-5, 5-16-1989)
B. Dogs kept outside shall be provided with access to shelter to protect them from the
sun, rain, and snow in accordance with Minnesota statutes section 343.40,
subdivisions 1, 2, 3. (Ord. 1989-5, 5-16-1989; amd. 2005 Code)
C. If dogs are confined by chains, such chains shall be so attached that they cannot
become entangled with the chains of other dogs or any other objects. Chains shall be
of a size commonly used for the size of dogs involved and shall be attached to the dog
by means of a well fitted collar. Such chains shall be at least three (3) times the length
of the dog as measured from the tip of its nose to the base of its tail.
D. Enclosure shall be of sufficient size to allow each dog to turn around fully and stand,
sit, and lie in a comfortable normal position. The floors of the enclosure shall be
constructed so as to prevent injury to the dog's legs and feet.
E. The temperature for indoor housing facilities shall not be allowed to fall below fifty
degrees Fahrenheit (50°F) for dogs not accustomed to lower temperatures.
F. Disposal facilities shall be provided to minimize vermin, infestation, odors, and
disease hazards.
G. Adequate storage and refrigeration shall be provided to protect food supplies against
contamination and deterioration. (Ord. 1989-5, 5-16-1989)
H. Commercial and private kennels must comply with building setbacks within the
applicable zoning district.
EXHIBIT A 75
I. Commercial and private kennels may require a building permit if over 120 sq. ft.
in size.
6-2-19: ENFORCEMENT:
A. Enforcement Officers: The provisions of this chapter shall be enforced by the animal
control authority and those officers designated in this chapter. The animal control
authority may issue citations for violations of this chapter.
B. Right Of Entry: The animal control authority shall have the right to enter upon any
premises at all reasonable times for the purpose of discharging the duties imposed by
this chapter where there is a reasonable belief that a violation of this chapter has been
committed. (Ord. 1989-5, 5-16-1989)
6-2-20: RECORDS KEPT:
It shall be the duty of the animal control authority to keep the following records,
subject to inspection by the council, city administrator, or their designated agents:
A. Accurate and detailed records of the licensing, impoundment, and disposition of all
animals coming into custody.
B. Accurate and detailed records of all reported bite cases and investigations for a period
of three (3) years.
C. Accurate records of all citations issued for violations of this chapter. (Ord. 1989-5, 5-
16-1989)
6-2-21: MISDEMEANOR VIOLATION; PENALTIES:
Any person violating any provision of this chapter shall be guilty of a misdemeanor and,
upon conviction thereof, shall be punished as provided in section 1-4-1 of this code. (Ord.
1989-5, 5-16-1989; amd. 2005 Code)
ADOPTED BY THE CITY COUNCIL ON APRIL 2, 2007
________________________________________
Ron Klecker, Mayor
________________________________________
Bridget Miller, Clerk
EXHIBIT A 76
77
EXHIBIT B
CITY OF ALBERTVILLE
WRIGHT COUNTY
STATE OF MINNESOTA
ORDINANCE 2007-
AN ORDINANCE AMENDING APPENDIX A, CHAPTER 200, CHAPTER 2300, AND
CHAPTERS 3100 – 4850 RELATING TO SPECIFIC THE KEEPING OF ANIMALS
WITH IN THE CITY OF ALBERTVILLE.
THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA ORDAINS:
SECTION 1. Appendix A, Chapter 200.2 relating to the definitions of commercial and
private kennels and veterinary clinics are hereby amended to read as follows:
FACILITIES FOR HOUSING ANIMALS: Any structure designed, built, and/or installed
to house animals.
KENNEL: Any place where more than two (2) animals over six (6) months of age are
kept or harbored, such animals being owned or kept by the owner or lessee of the
premises wherein or whereupon the animals are kept or harbored. A "commercial
kennel" is any place where a person, firm, or corporation accepts animals from the
general public and where such animals are kept for the purpose of selling, boarding,
breeding, training, treating or grooming, except a veterinary clinic.
KENNEL, COMMERCIAL: any place where: 1) more than two (2) dogs over six months
of age are owned, kept, boarded, or bred for purpose of sale; or 2) more than two (2)
dogs over six months of age and owned by persons other than the kennel owner are
kept or boarded for a fee or other remuneration.
KENNEL, PRIVATE: any place where more than two (2) dogs over six months of age
owned by the kennel owner are kept for private enjoyment and not for breeding sale, a
fee or other remuneration.
PET SHOP: A place kept or maintained for the exhibition for sale, or sale or purchase of
live dogs, cats, rabbits or other small animals, or any birds, reptiles or fish. Pet shops
may include incidental animal grooming and adoption activities, but not animal
hospitals, veterinary clinics, or places selling live bat for fishing.
VETERINARY CLINIC: Those uses concerned with the diagnosis, treatment,
hospitalization, surgery and medical care of animals, which place is owned and
operated by a licensed veterinarian. including animal or pet hospitals.
SECTION 2. Appendix A, Chapter 2300.1 relating to the care of animals is hereby
amended to read as follows:
78
EXHIBIT B
Domestic animals kept within any zoning district and farm animals kept within the
agricultural districts shall be subject to the following requirements:
A. The size, number, species, facilities for and location of animals kept shall be
maintained so as not to constitute a danger or nuisance by means of odor, noise or
other elements.
B. The person caring for any animal(s) shall be of sufficient age, knowledge and
experience to adequately and safely care for and control the animal(s).
C. Facilities for housing animal(s) shall be:
1. Constructed of such material as is appropriate for the animal(s) involved.
2. Maintained in good repair.
3. Controlled as to temperature, ventilated and lighted compatible with the health
and comfort of the animal(s).
4. Of sufficient size to allow each animal to make normal postural and social
adjustments with adequate freedom of movement. Inadequate space may be
indicated by evidence of malnutrition, poor condition of debility, stress or abnormal
behavior patterns.
5. Cleaned as often as necessary to prevent contamination of the animal(s)
contained therein and to minimize disease hazards and reduce odors.
D. Animals shall be provided wholesome, palatable food and water free from
contamination and of sufficient quantity and nutritive value to maintain all animals in
good health.
E. Animals kept in pet shops or kennels shall be kept in accordance with regulations for
pet shops and kennels in addition to the regulations provided by this ordinance.
(Ord. 1988-12, 12-19-1988)
F. Disposal facilities shall be provided to minimize vermin, infestation, odors, and
disease hazards.
G. All outdoor facilities for housing or confining animals shall maintain the required
minimum principal building setbacks for the applicable residential zoning districts.
H. The entrance of all outdoor facilities and/or dog houses shall be oriented towards the
interior of the property on which the outdoor facility is located.
I. No outdoor facilities for housing commercial kennels or veterinarian clinics shall be
constructed within the commercial or industrial districts.
79
EXHIBIT B
SECTION 3. Appendix A, Chapter 3100.4: relating to conditional uses in the A-1,
Agricultural Rural District is hereby amended to read as follows:
C. Commercial riding stables, kennels, animal hospitals veterinary clinics with overnight
care and similar uses; provided, that:
1. Any building in which animals are kept, whether roofed shelter or enclosed
structure, shall be located a distance of one hundred feet (100') or more from any lot
line.
2. The animals shall, at a minimum, be kept in an enclosed pen or corral of sufficient
height and strength to retain such animals. Said pen or corral may not be located
closer than one hundred feet (100') from a lot line.
3. The provisions of Minnesota pollution control agency regulations SW 53 (2), as
may be amended, are complied with.
4. All other applicable state and local regulations pertaining to nuisance, health and
safety conditions, etc., are complied with.
5. The provisions of subsection 400.2F of this ordinance are considered and
satisfactorily met.
6. All requirements of chapter 2300 of this ordinance and 6-2-18 of the City Code are
met.
SECTION 4. Appendix A, Chapter 3250.3 relating to accessory uses in the R-1A,
Residential Low Density Single Family District is hereby amended to read as follows:
C. The keeping of domestic animals and private kennels on single family lots only per
chapter 2300 of this ordinance and 6-2-18 of the City Code.
D. Buildings and structures for the keeping of domestic animals per chapter 2300 of this
ordinance and 6-2-18 of the City Code.
SECTION 5. Appendix A, Chapter 3600.2 relating to accessory uses in the R-4,
Residential Medium Density Multiple-Family District is hereby amended to be as follows:
A. All accessory uses as allowed in an R-3 district (section 3500.2 of this ordinance)
except for private kennels. (Ord. 1988-12, 12-19-1988)
80
EXHIBIT B
SECTION 6. Appendix A, Chapter 4100.3 relating to accessory uses in the R-MH,
Manufactured Housing Residential District is hereby amended to read as follows:
A. Any accessory use allowed in an A-2 district (section 3200.3 of this ordinance),
except animals and related buildings except the keeping of animals and buildings
and structures related thereto.
B. Community laundry facilities, storm shelter, park office, and recreational building(s);
provided that such structures are of a permanent nature and comply with the
provisions of the state building code. (Ord. 1988-12, 12-19-1988)
C. The keeping of domestic animals and private kennels per chapter 2300 of this
ordinance and 6-2-18 of the City Code.
D. Buildings and structures for the keeping of domestic animals per chapter 2300 of this
ordinance and 6-2-18 of the City Code.
SECTION 7. Appendix A, Chapter 4350.2 relating to permitted uses in the B-2A,
Special Business District is hereby amended to read as follows:
A. Animal veterinary clinics (small animal) (with no overnight care), as regulated by
chapter 2300 of this ordinance.
SECTION 8. Appendix A. Chapter 4400.2 relating to permitted uses in the B-3,
Highway Commercial District is hereby amended to read as follows:
B. Animal veterinary clinics with overnight care, as regulated by chapter 2300 of this
ordinance.
SECTION 9. Appendix A, Chapter 4500.2 relating to permitted uses in the B-4, General
Business District is hereby amended to read as follows:
B. Animal veterinary clinics (with no overnight care), as regulated by chapter 2300 of
this ordinance.
SECTION 10. Appendix A, Chapter 4501.2 relating to permitted uses in the BW,
Business-Warehousing District is hereby amended to read as follows:
81
EXHIBIT B
B. Animal veterinary clinics with overnight care, as regulated by chapter 2300 of this
ordinance.
THIS AMENDMENT SHALL BE IN FULL FORCE AND EFFECTIVE IMMEDIATELY
FOLLOWING ITS PASSAGE AND PUBLICATION
Approved by the Albertville City Council the 7th Day of May, 2007
Ron Klecker, Mayor
Bridget Miller, City Clerk
83
MEMORANDUM
TO: Larry Kruse, City Administrator
FROM: Cassie Schumacher-Georgopoulos / Alan Brixius
DATE: May 3, 2007
RE: Albertville – Freeway Sign Heights
NAC FILE: 163.05 – 07.03
BACKGROUND
Through discussion of the City Planner, the issue has risen about controlling the height
of commercial signs on lots with freeway frontage. Currently there are a minimum
number of signs which have taken advantage of the allowed extended height along the
freeway. There are only a few taller signs primarily because the commercial frontage of
the freeway has been limited to a small area of the community. However, with current
discussions of land use changes, more land along the I-94 corridor may be opened to
commercial use. The expansion of the commercial use will allow for more 75 foot signs
to be constructed with the City of Albertville along its main traffic corridor.
ISSUE ANALYSIS
The following table is a brief presentation of the information presented at the February
13, 2007 Planning Commission meeting. The table illustrates how Albertville compares
with City’s sign height along the I-94 corridor from Maple Grove to Monticello.
84
Table: City Sign Heights along the I-94 Corridor
City Allowed Height (Maximum) District
Albertville 75 feet
30 feet
Freeway Oriented Uses within 100 feet
of I-94
Billboards or Advertising Devices
Maple Grove 6 feet to 15 feet or as
determined by the City
Council
Freeway Frontage District
Rogers –
recently amended
30 feet or as approved
through a site plan review
Regional Business Sign Overlay District
St Michael 30 feet Shopping Centers
Otsego 50 feet Freeway Corridor Sign District
Monticello 32 feet
50 feet
Freeway Bonus District
Shopping Centers greater than 150,000
square feet
Many of the communities illustrated in this table face the same concern as Albertville for
site lines to signs close to the over passes. However, Albertville has the tallest
allowance for freeways signs, which is 45 feet taller than the maximum allowed in the
rest of the community. Monticello’s Freeway Bonus District is in place for signs along
“freeways and express” and limits all pylon sign heights to 32 feet unless they are for a
shopping center greater than 150,000 square feet. Albertville’s requirement for the
advertising devises limits the height of the signs to be no more than 30 feet from the
ground.
To be consistent with other communities and to reduce the visual impact of the tall signs
on residential neighborhoods and the community as a whole, Albertville should look into
reducing its maximum sign height for signs along the freeway. While it may not be
perceived to be a major problem at the moment; further expansion of the commercial
areas will only open the possibility of having more of these signs in the future.
RECOMMENDATION
The attached Ordinance amendment is reflective of discussion of the Planning
Commission during the March 2007 and April 2007 Planning Commission Meetings.
Pc Bridget Miller
Jon Sutherland
Mike Couri
Adam Nafstad
85
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 10-7-8 OF CHAPTER 7 RELATING TO
PERMITTED BUSINESS SIGNS
THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA ORDAINS:
SECTION 1. Section 10-7-8 A.3.i relating to permitted business signs is hereby
amended to read as follows:
i. In lieu of a ground sign, one pylon sign shall be permitted on any lot in a
commercial district or on any lot used for a gasoline service station in a
commercial district, subject to the regulations in subsections A3b through A3h of
this section, inclusive. Notwithstanding any height restrictions in this chapter or
any other ordinance of the city, the maximum structure height (in feet) of any such
pylon sign for service station or freeway oriented business uses within a strip of
land 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 as
set in this subsection A3i and shall be fifty feet (50’) at existing grade. seventy five
feet (75'), but in no event shall any part of the sign be higher than one thousand
thirty three feet (1,033') above sea level NGVD 1929. The bench mark is elevation
979.219 feet at bridge deck on East 94 at Highway 19. "Freeway oriented
business uses" shall mean uses whose commercial or service activities in a
substantial way (as determined by the city council) are motor vehicle oriented and
customarily occur along interstate freeways, such as motor hotels, fast food
establishments, full service gasoline service station restaurants, and uses similar.
THIS AMENDMENT SHALL BE IN FULL FORCE AND EFFECTIVE IMMEDIATELY
FOLLOWING ITS PASSAGE AND PUBLICATION
Approved by the Albertville City Council the 7th Day of May, 2007
Ron Klecker, Mayor
Bridget Miller, City Clerk
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MEMORANDUM
TO: Larry Kruse, City Administrator
FROM: Cassie Schumacher-Georgopoulos / Alan Brixius
DATE: May 3, 2007
RE: Albertville – Electronic Billboards
NAC FILE: 163.05 – 07.05
The City Council requested for Northwest Associated Consultants to look into up dating
the Albertville Sign Ordinance to accommodate Electronic Signage. Recently we have
seen discussion of the topic in the news due to controversy these signs are causing in
communities. The controversy most communities are looking into is whether or not
these sign create a hazard for motorist by causing one more distraction.
During the March and April Planning Commission the concern for regulating these signs
along with other reader board or changeable copy signs was discussed. The attached
ordinance amendment proposes to allow electronic signs on advertising devises and as
an accessory to a building sign with regulations. The following summarizes the intent of
the ordinance amendment:
Additions to Application for Permit: Language added to require electrical information for
all new signs.
Additions to Advertising Devises: Electronic advertising devices (billboards) will only be
permitted for legal conforming billboards. The illumination is to be restricted to 500
lumens for all electronic signs. The Planning Commission should discuss whether they
would like for the electronic devices to be allowed to change messages and if so how
often.
Business, Industrial, and Multiple Occupancy Signs: Language is proposed for
changeable copy signs in all business and industrial districts. The size of these signs
will be limited to 25% of the allowable sign area but no more than 40 square feet. The
language will limit the signs from flashing, scrolling, special effects or animated scenes.
The Planning Commission should discuss this requirement due to the fact that the City’s
sign currently has a scrolling message.
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The Planning Commission should also discuss if the signs shall be allowed to change
messages and if so how often.
All signs within 300 feet adjoining residential property will be required to screen the sign
and the message is required to be monochromatic and no more than 500 lumens at the
sign face.
Recommendation
We are seeking further discussion on whether the Planning Commission would like to
allow the message to change in specified intervals or if they wish for the message to be
static. And we would like to generate further discussion on whether or not the Planning
Commission would like to restrict flashing, scrolling, special effects or animated scenes
on changeable copy sign
Attached for reference: Ordinance Amendment for Electronic Signs
Pc Bridget Miller
Jon Sutherland
Mike Couri
Adam Nafstad
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CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 10-7 OF CHAPTER 7 RELATING TO SIGNS
THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA ORDAINS:
SECTION 1. Section 10-7-2 relating to sign definitions is hereby amended to read as
follows:
Changeable Copy Sign: A sign or portion thereof that has a reader board for the
display of text information in which each alphanumeric character, graphic or symbol is
defined by objects not consisting of an illumination device and may be changed or
rearranged manually or mechanically with characters, illustrations, letters or numbers
that can be changed or rearranged without altering the face or surface of the sign
structure. Changeable Copy Signs shall also include the following:
Changeable Copy Sign, Electronic: A sign or portion thereof that displays
electronic, non-pictorial text information in which each alphanumeric character,
graphic, or symbol is defined by a small number of matrix elements using
different combinations of light emitting diodes (LEDs), fiber optics, light bulbs or
other illumination devices within the display area. Electronic changeable copy
signs include computer programmable, microprocessor controlled electronic
displays. Electronic changeable copy signs include projected images or
messages with these characteristics onto buildings or objects. Electronic
changeable copy signs do not include official signs.
Electronic Graphic Display Sign: A sign or portion thereof that displays
electronic, static images, static graphics or static pictures, with or without text
information, defined by a small number of matrix elements using different
combinations of light emitting diodes (LEDs), fiber optics, light bulbs or other
illumination devices within the display area where the message change
sequence is accomplished immediately or by means of fade, re-pixalization or
dissolve modes. Electronic graphic display signs include computer
programmable, microprocessor controlled electronic or digital displays. Electronic
graphic display signs include projected images or messages with these
characteristics onto buildings or other objects.
Video Display Sign: A sign that changes its message or background in a
manner or method of display characterized by motion or pictorial imagery, which
may or may not include text and depicts action or a special effect to imitate
movement, the presentation of pictorials or graphics displayed in a progression of
frames that gives the illusion of motion, including, but not limited to the illusion of
moving objects, moving patterns or bands of light, or expanding or contracting
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shapes, not including electronic changeable copy signs. Video display signs
include projected images or messages with these characteristics onto buildings
or other objects.
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. A sign which contains an
intermittent or flashing light by means of animation or an externally mounted intermittent
light source.
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 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.
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.
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.
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.
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SECTION 2: Section 10-7-5 B. relating to application for permit is hereby amended to
read as follows:
Section 10-7-5 B. Application For Permit:
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.
SECTION 3: Section 10-7-5 A. relating to the general standards for advertising devices
is hereby amended to read as follows:
9. Electronic advertising devices shall only be permitted only on legal conforming
advertising devices.
10. Electronic advertising devices may change its message no more than once every
___________.
11. Illumination of the advertising device does not exceed 500 Lumens per square
foot of sign face. Certification from the sign manufacturer shall be provided
stating that full illumination of the sign will not exceed 500 lumens per square foot
at the sign face.
SECTION 4: Section 10-7-8 A. relating to permitted business signs is hereby amended
to read as follows:
A.6. Changeable Copy Signs
a. Changeable Copy Signs: One electronic changeable copy sign shall be allowed
per site in the above listed districts. The changeable copy sign shall not exceed a
maximum of twenty five percent (25%) of the allowable sign area or exceed forty
(40) square feet, whichever is less, for a freestanding or wall sign. The message
displayed on changeable copy signs shall be depicted in one statement and not a
continuing sentence or flow of information. Flashing, scrolling, special effects or
animated scenes on changeable copy sign shall be prohibited.
b. Changeable Copy Signs may change its message no more than once every
___________.
c. No Changeable Copy Signs shall be closer than 300 feet from any residential
area unless they are screened from the adjoining residential property, the message
is monochromatic and the Illumination does not exceed 500 Lumens per square foot
of sign face. Certification from the sign manufacturer shall be provided stating that
full illumination of the sign will not exceed 500 lumens per square foot at the sign
face.
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SECTION 5: Section 10-7-8 B. relating to permitted automobile service station signs is
hereby amended to read as follows:
B. 9. Changeable Copy Signs
a. Changeable Copy Signs: One electronic changeable copy sign shall be allowed
per site in the above listed districts. The changeable copy sign shall not exceed a
maximum of twenty five percent (25%) of the allowable sign area or exceed forty
(40) square feet, whichever is less, for a freestanding or wall sign. The message
displayed on changeable copy signs shall be depicted in one statement and not a
continuing sentence or flow of information. Flashing, scrolling, special effects or
animated scenes on changeable copy sign shall be prohibited.
b. Changeable Copy Signs may change its message no more than once every
___________.
c. No Changeable Copy Signs shall be closer than 300 feet from any residential
area unless they are screened from the adjoining residential property, the message
is monochromatic and the Illumination does not exceed 500 Lumens per square foot
of sign face. Certification from the sign manufacturer shall be provided stating that
full illumination of the sign will not exceed 500 lumens per square foot at the sign
face.
SECTION 6: Section 10-7-8 C. relating to permitted single occupancy industrial signs is
hereby amended to read as follows:
C. 6. Changeable Copy Signs
a. Changeable Copy Signs: One electronic changeable copy sign shall be allowed
per site in the above listed districts. The changeable copy sign shall not exceed a
maximum of twenty five percent (25%) of the allowable sign area or exceed forty
(40) square feet, whichever is less, for a freestanding or wall sign. The message
displayed on changeable copy signs shall be depicted in one statement and not a
continuing sentence or flow of information. Flashing, scrolling, special effects or
animated scenes on changeable copy sign shall be prohibited.
b. Changeable Copy Signs may change its message no more than once every
___________.
c. No Changeable Copy Signs shall be closer than 300 feet from any residential
area unless they are screened from the adjoining residential property, the message
is monochromatic and the Illumination does not exceed 500 Lumens per square foot
of sign face. Certification from the sign manufacturer shall be provided stating that
full illumination of the sign will not exceed 500 lumens per square foot at the sign
face.
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SECTION 7: Section 10-7-8 D. relating to permitted multiple occupancy commercial and
industrial signs is hereby amended to read as follows:
D. 5 Changeable Copy Signs
a. Changeable Copy Signs: One electronic changeable copy sign shall be allowed
per site in the above listed districts. The changeable copy sign shall not exceed a
maximum of twenty five percent (25%) of the allowable sign area or exceed forty
(40) square feet, whichever is less, for a freestanding or wall sign. The message
displayed on changeable copy signs shall be depicted in one statement and not a
continuing sentence or flow of information. Flashing, scrolling, special effects or
animated scenes on changeable copy sign shall be prohibited.
b. Changeable Copy Signs may change its message no more than once every
___________.
c. No Changeable Copy Signs shall be closer than 300 feet from any residential
area unless they are screened from the adjoining residential property, the message
is monochromatic and the Illumination does not exceed 500 Lumens per square foot
of sign face. Certification from the sign manufacturer shall be provided stating that
full illumination of the sign will not exceed 500 lumens per square foot at the sign
face.
d. Changeable Copy Signs shall be for area identification signs only and shall not
be for individual tenant free stand or wall signs.
THIS AMENDMENT SHALL BE IN FULL FORCE AND EFFECTIVE IMMEDIATELY
FOLLOWING ITS PASSAGE AND PUBLICATION
Approved by the Albertville City Council the 7th Day of May, 2007
Ron Klecker, Mayor
Bridget Miller, City