2011-04-12 PC Agenda Packet
PLANNING & ZONING COMMISSION
Tuesday, April 12, 2011
7:00 PM
1. CALL TO ORDER - ROLL CALL – ADOPT AGENDA
2. MINUTES
February 8, 2011 Planning and Zoning Meeting (pages 1-6)
3. PUBLIC HEARINGS
a. Ordinance amendment to Title 5: Health and Sanitation, Chapter 5: Noise Control,
Section 5-5-3 Exception; Outdoor Musical Performance of the Albertville City Code
with respect to establishing an exception to the 400 foot setback from a residential
zoning district. (pages 7-18)
4. OTHER BUSINESS
a. Discussion Item – Temporary Signs (Off-Site) (pages 19-27)
5. ADJOURNMENT
“A quorum of Council members may be present.”
1
PLANNING and ZONING COMMISSION
MINUTES
FEBRUARY 8, 2011
Albertville Council Chamber 7:01 PM
CALL TO ORDER – ROLL CALL
The meeting was called to order at 7:01 p.m.
PRESENT: Chair Frank Kocon, Commission members Natalya Lindberg, Dale Edgren, Robert
Olson, and Brian Totman
OTHERS: Council liaison Dan Wagner, City Planner Al Brixius, Zoning Administrator/
Building Official Jon Sutherland, and City Clerk/Recording Secretary Bridget Miller
ABSENT: None
ADOPT AGENDA
P&ZCMs Olson/Edgren motioned to approve the Tuesday, February 8, 2011 agenda as
presented, which will be scanned and an electronic copy will be kept on file in the office of the
City Clerk. Motion carried unanimously.
MINUTES
P&ZCMs Edgren/Totman motioned to approve the Tuesday, January 11, 2011 regular Planning
and Zoning Commission minutes as presented, the minutes will be scanned and an electronic
copy will be kept on file in the office of the City Clerk. Motion carried unanimously.
PUBLIC HEARINGS
PARTICLE CONTROL TO CONSIDER REZONING THEIR PROPERTY AT 6062 LAMBERT AVENUE
NE ALBERTVILLE, MN FROM B-3, HIGHWAY COMMERCIAL DISTRICT TO PLANNED UNIT
DEVELOPMENT (PUD) AND TO CONSIDER SITE AND BUILDING PLANS FOR THE PLACEMENT OF
SILO ON THIS SITE
Chair Kocon opened the public hearing at 7:02 p.m.
City of Albertville
Planning & Zoning Commission Minutes
February 8, 2011
Page 2 of 6
2
City Planner Brixius stated that Particle Control is a family-owned business located at 6062
Lambert Avenue NE. Particle Control is a dry food processing business that specializes in
milling, blending, air classifying, screening, and packaging dry food ingredients. They have
been in business for a number of years.
Bill Arns, owner-manager of Particle Control, met with staff to discuss the option of constructing
two (2) silos within their site. Staff felt the silos were not too overbearing on the site and
building layout. Staff noted that the silos did not meet the zoning regulations; therefore,
recommended that Mr. Arns submit a Development Application to re-zone the property from B-3
Highway Commercial to a Planned Unit Development (PUD). Staff explained that Particle
Control’s industrial use of the site is a legal non-conforming use, which is why the rezoning of
the property would allow the business to continue to operate in the same size and manner it
existed as when the zoning change took place.
The site was initially zoned B-3 Highway Commercial because it could be visible from I-94. It
was the City’s ambition to promote commercial development along I-94 and CSAH 37. Particle
Control is a clean, quiet industrial land use that has been a good neighbor to the surrounding
properties. The City has no nuisance complaints of the business. Additionally, the company
provides both industrial tax base and local employment opportunities. Neither Particle Control
nor the City of Albertville is prepared to seek redevelopment of the site at this time.
City Planner Brixius reviewed the rezoning portion of the application. The first option was to
rezone the property to an I-1, Limited Industrial District. This option was reflected due to the
range and intensities of the industrial uses that are allowed in this zoning district.
The alternative zoning option is to rezone the property to a Planned Unit Development (PUD).
Through the PUD zoning, the City may define the range of appropriate land uses and
development performance standards unique to the proposed property. As noted under No. 3. of
the Planner’s report section dealing with Rezone: The current land use and building location are
legally non-conforming in the current B-3 Zoning District. The change in zoning will allow the
use; however, proposes to retain the B-3 District required setbacks. The construction of the silos
will be required to meet the B-3 District setbacks and height restrictions.
Setback Required Existing Compliant
Front – North 35 feet 11.6 feet No
Side – West 20 feet 51.9 feet Yes
Side – East 20 feet 10.0 feet No
Rear - South 20 feet 7.5 feet No
Brixius reported that the proposed silo location meets required front and side yard setback
standards; however, the height must be restricted to 35 feet.
Architectural Standards. The B-3 District restricts building height to 35 feet. The district also
mandates that 50 percent of all building walls must have an exterior finish of brick, stone,
replicas, etc. Currently, the building meets the B-3 height standards, but fails to meet the
City of Albertville
Planning & Zoning Commission Minutes
February 8, 2011
Page 3 of 6
3
exterior finish standards. Staff is recommending that through the PUD, the following
architectural standards be applied:
(1) All buildings shall not exceed 35 feet in height. This will limit the silo height to
existing standards.
(2) Within the approved PUD shall be the following standards:
(a) Any and all permitted conditional and accessory uses allowed within the B-3
Zoning District shall meet the architectural standards of Section 4400.8 of the
Albertville Zoning Ordinance.
(b) Industrial processing of dry food ingredients buildings may have a metal exterior
finish provided the color of any new building or structure matches the color and
design of the principal building.
This PUD flexibility will preserve the appearance of Particle Control while accommodating the
existing conditions. The new silo will need to match the color of the principal building. The
addition of the site will not immediately increase employment. No additional parking is
required. No parking lot improvements are necessary.
Brixius then brought to the Commission members’ attention that Bill Arns, the applicant, was
present if they had any other comments or questions regarding the application.
Chair Kocon opened up the public hearing to the Commission members’ comments.
Commission member Olson asked about the amount or the weight load of product that is brought
in and shipped out of the site. Mr. Arns reported that currently Particle Control receives product
in 1200 pound bags and ship them out in about 1500 pound bags.
Commission member Kocon inquired about the production process ‘mainly the cleaning of the
machine; filtering of the dry food; and the milling of the product’. Mr. Arns assured the
commission that the processing of the food has minimal particles floating around during the
milling. The filters are good at minimizing the dust that comes from transporting the material
from one space back into bags for shipment. There is a very minimal amount of debris or dust
that is emitted into the air inside the building or outside the building during the process. The
facility is a safe environment for both the employees and the community.
Commission member Kocon wanted to ensure that it is to be a success for Particle Control
economically, profitability, and loading/unloading the truck with ease of operation by having the
ability to maneuver around the site with the placement of the silos.
There was a brief comment about the potential of signage on the silos, which there will be NO
signage allowed. Bill Arns and City Planner Brixius stated the silos will be white.
Chair Kocon opened up the public hearing to the general public.
City of Albertville
Planning & Zoning Commission Minutes
February 8, 2011
Page 4 of 6
4
There was no one in the audience to comment on the proposed rezoning of the Particle Control
property from B-3 Highway Commercial to Planned Unit Development with B-3 setbacks or the
Site and Building Plan review.
Chair Kocon closed the public hearing at 7:26 p.m.
P&ZCMs Edgren/Olson motioned to approve amending the official Zoning Map of the City of
Albertville, relating to the Particle Control property, located at 6062 Lambert Avenue NE with
the following conditions:
Planned Unit Development. In establishing the PUD Zoning District, the following use and
performance standards shall be applied:
1. Uses. Within the approved PUD, land uses shall be limited to the following:
a. All permitted conditional and accessory uses allowed within the B-3 Zoning District.
Any change of use from existing conditions shall be processed through the
appropriate development applications called for by the Albertville Zoning Ordinance.
b. Industrial processing of dry food ingredients limited to milling, blending, air
classifying, screening, packaging, warehousing, and storage per the approved site
plan received December 2010.
2. Setbacks. All new development and any further expansion of the existing building shall
comply with the following setbacks:
a. Front Yard. Thirty-five (35) feet.
b. Side Yard. Twenty (20) feet or thirty-five (35) feet where abutting an “R” District.
c. Rear Yard. Twenty (20) feet or thirty-five (35) feet where abutting an “R” District.
3. Building Height. Thirty-five (35) feet.
4. Architectural Standards. Within the approved PUD, architectural standards shall be the
following:
a. Any and all permitted conditional and accessory uses allowed within the B-3 Zoning
District shall meet the architectural standards of Section 4400.8 of the Albertville
Zoning Ordinance.
b. Industrial processing of dry food ingredients buildings may have a metal exterior
finish provided the color of any new building or structures match the color and design
of the principal building.
These PUD standards shall be used to process any future additions or redevelopments to the site.
Motion carried unanimously.
City of Albertville
Planning & Zoning Commission Minutes
February 8, 2011
Page 5 of 6
5
P&ZCMs Edgren/Olson motioned to approve the Site and Building Plan Review for Particle
Control located at 6062 Lambert Avenue NE according to the following conditions:
Site Plan. The following conditions shall be required for installation of the proposed silos:
1. Silo shall not exceed 35 feet in height.
2. Silo shall be located on site per the approved site plan dated December 2010 and provide
a minimum setback of 35 feet from the north lot line and 20 feet from the east lot line.
3. The exterior finish of the silo shall match the color of the principal building.
4. Ladders with anti-locking mechanisms placed on the silo for safety purposes.
Motion carried unanimously.
OTHER BUSINESS
Accept the Building Official/Zoning Administrator’s Report
Building Official Sutherland gave the Commission members an update on building activity
throughout Albertville. The construction activity in December was typically slow; however, as a
whole 2010 was better than expected, taking into account the status of the economy. There were
a total of 17 permits issued for the year 2010.
Sutherland continued with the commercial activity, which included an interior door for Patty J’s
new Restaurant at 5262 Kyler Avenue NE, Westwind Apartments obtained a commercial
alteration permit for building maintenance and improvements at 10740 CSAH 37, Summit
Chiropractic installed an x-ray room at 10904 57th Street NE. There were several commercial
mechanical and plumbing permits. He worked with the League of MN Cities Insurance agent
and the contractor regarding the replacement of the City Hall skylight that was damaged by hail.
He also worked with the sub-contractor who submitted a proposal to repair the water damage to
City Hall due to the leaking skylight.
Sutherland noted that there were new Minnesota Laws that were enacted by the State
Legislature, he reviewed the new laws relating to building codes, contractors, and additional
duties of the Building Official and the City that are now required to implement by these laws
(City Attorney Couri is the City’s expert who advised Sutherland of the ramifications of these
laws or unfunded mandates).
Sutherland reported on Foreclosures; which work continues with vacant foreclosed houses with
registration and inspections. Foreclosure work includes investigation, registration, inspection,
and follow-up. A few foreclosures are apparent because the driveways may not be plowed this
time of year. Many housing maintenance, building, electrical, mechanical, and plumbing code
City of Albertville
Planning & Zoning Commission Minutes
February 8, 2011
Page 6 of 6
6
items are being addressed through the enforcement of the Vacant Property Registration
Ordinance.
Then Sutherland brought up the Rental Housing inspections; rental licensing, and inspections
continue; obtaining many corrections to rental housing violations including but not limited to
safety, gas leaks, smoke and carbon monoxide detectors, and electrical code violations. Our
local state electrical inspector assists with resolving the electrical code violations for the rental
properties. Some foreclosures are turning from owner occupied into rentals and this could be a
concern for the Council.
Another area that involves inspections is the Fire Department; there is continued assistance from
the Fire Department with the Fire Code enforcement and general assistance with the program.
Staff continues to work with Burger King, the Albertville Premium Outlets, and other businesses
with fire code concerns.
Sutherland concluded the discussion with Ordinance Enforcement; issues include sign code
enforcement, removing signs from the right-of-way, enforcement of commercial temporary
signage, building code violations, water drainage/water problems, refuse in the ditch, continued
work with Pro-Tech Marine and Emma’s Express regarding Council CUP approval. We worked
on dog kennels, wetlands, and fences.
ADJOURNMENT
P&ZCMs Totman/Edgren motioned to adjourn the February 8, 2011 regular Planning and
Zoning Commission meeting at 7:50 p.m. Motion carried unanimously.
_______________________________________
Bridget Miller, City Clerk/Secretary
7
MEMORANDUM
TO: Larry Kruse
FROM: Alan Brixius
DATE: April 7, 2011
RE: Albertville – Outdoor Music Events
FILE NO: 163.05 – 10.04
In 2004 the City adopted an ordinance regulating outdoor musical performances in
response to a request from Cedar Creek Golf Course to have an outdoor musical event
(see Exhibit A, Section 5-5-3 Albertville City Code). In consideration of the Cedar Creek
event, the City Council raised issues over potential nuisance noise problems for
adjoining neighborhoods. The golf course offered enough land area to locate the stage
a significant distance (400 feet) from adjoining homes. This separation and the
orientation of the stage mitigated noise concerns. The Council also had concerns about
similar requests from other businesses within the City, located on smaller lots and
closer to residential neighborhoods.
To mitigate noise issues and to limit the number of properties eligible for outdoor music
events, Section 5-5-3 of the Albertville City Code includes a provision that requires the
location of the live outdoor musical performances to at least 400 feet from any
residence within a residential zoning district. This provision generally limits the events
to select sites such as the golf course and the Outlet Mall, because other commercial
properties cannot provide this setback.
Since the adoption of this ordinance, the City has permitted the 152 Club to have two
live outdoor music events per year (Friendly City Days and Oktoberfest). Each year, the
events were approved contrary to the City’s regulation and each year the City has
received noise complaints following the events.
Most recently (August 2, 2010), the Council approved the Albertville Lions Club to stage
a musical event at the 152 Club as a community fund raiser. With each request, staff
suggests that either the City may deny the request or amend the current ordinance
language to avoid a code violation.
8
The City Council had directed staff to bring forward ordinance language for amending
the outdoor music events that are occurring both during Friendly City Days and other
times of the year.
Exhibit B outlines a first amendment option that reduces the distance for an event from
400 feet to 300 feet but includes additional language to mitigate nuisance issues. The
changes include:
1. Require the submission of a plan to illustrate stage and speaker arrangements to
direct noise away from neighborhoods.
2. The outdoor event must provide security and fencing to control access to the
event.
3. Three hundred foot setbacks from residential zoning districts.
4. Orientation of speakers, amplifiers away from homes within 300 feet of the stage.
5. Limit the dates and times of these events.
6. Complaints may be grounds for denial of future permits.
The City has also received inquiries for outdoor music events from property owners not
meeting the separation requirements of Option A. If the City is so inclined to
accommodate these events during Friendly City Days, staff has prepared Exhibit C,
Option 2.
The Option 2 ordinance outlines standards for the Friendly City Days outdoor music
events limited to the Friday and Saturday nights of the Friendly City Days weekend with
the event ending at midnight.
CONCLUSION
The issue of outdoor music events raises nuisance issues related to noise, crowd
control, litter, etc. In this regard, the City wants to be conservative in number and
locations where these events occur. The original ordinance’s 400 foot separation
limited the number of locations eligible for outdoor music events. The reduced setback
will increase the number of sites available. The Friendly City Days permit opens
additional sites for a limited event.
The Planning Commission has been requested to examine this issue and determine if
an ordinance change is appropriate. The Planning Commission may choose:
1. No change and enforcement of the 400 foot separation.
2. Option 1 ordinance attached.
3. Option 2 ordinance attached.
9
Attachments:
Exhibit A – Existing Ordinance
Exhibit B – Option 1 Ordinance Amendment
Exhibit C – Option 2 Ordinance Amendment
Exhibit D – Aerial Photos
c: Bridget Miller
Jon Sutherland
Tori Leonhardt
Mike Couri
Adam Nafstad
10
5-5-3: EXCEPTION; OUTDOOR MUSICAL PERFORMANCES:
The provisions of section 5-5-1 and subsection 5-5-2E of this chapter do not apply to
live outdoor musical performances which have a permit approved and issued by the city
council. The following criteria shall apply to issuance of a live outdoor musical
performance permit:
A. Any person and/or organization shall be limited to a maximum of two (2) permits
per year.
B. The permit applicant must pay a permit fee as set by the city council by resolution.
C. In addition to the permit fee, the city may require a security deposit.
D. The permit applicant must demonstrate that there will be adequate sanitary
facilities.
E. The permit applicant must demonstrate that there will be adequate security at the
location of the live outdoor musical performance.
F. The permit applicant must have sufficient off street parking.
G. The live outdoor musical performance must not interfere with other commercial
and governmental activities or with the quiet enjoyment of residential property.
H. The location of the live outdoor musical performance must be at least four
hundred feet (400') from any residence located in a residential zoning district.
I. The live outdoor musical performance shall only occur on the dates and during the
hours designated by the city council.
J. The volume of the live outdoor musical performance must be reasonable. (Ord.
2004-05, 6-7-2004)
EXHIBIT A -
EXISTING ORDINANCE
EXHIBIT B – OPTION 1
11
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
ORDINANCE NO. 2011 – ___
AN ORDINANCE AMENDING SECTION 5-5-3 (EXCEPTION; OUTDOOR MUSICAL
PERFORMANCES) OF CHAPTER 5 (NOISE CONTROL), TITLE 5 (HEALTH AND
SANITATION) OF THE ALBERTVILLE CITY CODE, RELATING TO THE
PERFORMANCE STANDARDS FOR OUTDOOR MUSIC EVENTS
THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA ORDAINS:
SECTION 1. Section 5-5-3 (Exception; Outdoor Musical Performances) of Chapter 5 (Noise
Control) is hereby amended as follows:
5-5-3: EXCEPTION; OUTDOOR MUSICAL PERFORMANCES: The provisions
of section 5-5-1 and subsection 5-5-2E of this chapter do not apply to live outdoor
musical performances which have a permit approved and issued by the city council. The
following criteria shall apply to issuance of a live outdoor musical performance permit:
A. Any person, and/or organization, and/or commercial zoned property shall be limited to a
maximum of two (2) permits per year.
B. The permit applicant must pay a permit fee as set by the city council by resolution
ordinance and provide information and/or a plan(s) that demonstrates that the site event
will comply with the performance standards of this code.
C. In addition to the permit fee, the city may require a security deposit.
DC. The permit applicant must demonstrate that there will be adequate sanitary facilities for
the event.
ED. The permit applicant must demonstrate that there will be adequate security and fencing to
control access to the event at the location of the live outdoor musical performance.
FE. The permit applicant must have sufficient off-street parking. The music event shall not
occupy required parking for the principal use of the site.
GF. The live outdoor musical performance must not interfere with other commercial and
governmental activities or with the quiet enjoyment of residential property.
H. The location of the live outdoor musical performance must be at least four hundred feet
(400’) from any residence located in a residential zoning district.
City of Albertville
County of Wright
Ordinance No. 2011 - ___
Outdoor Music Performances
Page 2
EXHIBIT B – OPTION 1
12
G. The stage, performers, speakers and amplifiers are located three hundred feet (300’) from
any residence located in a residential zoning district.
H. The stage, speakers, and amplifiers are arranged in a design and manner that does not
directly broadcast music at or toward a residence within three hundred feet (300’) of the
stage.
I. Outdoor music events shall be allowed between May 15th and October 15th and the live
outdoor musical performance shall only occur on the dates and during the hours
designated by the city council.
J. Outdoor music events shall not perform beyond 12:00 midnight.
LK. The volume of the live outdoor musical performance must be reasonable. The permit
holder shall comply with all requests of the Sheriff’s Department to reduce volumes to
mitigate nuisance complaints. (Ord. 2004-05, 6-7-2004)
L. Failure to abide by these standards or the receipt of nuisance complaints may be grounds
for denial of future outdoor musical permits for the property.
THIS AMENDMENT SHALL BE IN FULL FORCE AND EFFECTIVE IMMEDIATELY
FOLLOWING ITS PASSAGE AND PUBLICATION.
Approved by the Albertville City Council this ____ day of May 2011.
Mark Meehan, Mayor
______________________________
Bridget Miller, City Clerk
EXHIBIT C – OPTION 2
13
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
ORDINANCE NO. 2011 – ___
AN ORDINANCE AMENDING SECTION 5-5-3 (EXCEPTION; OUTDOOR MUSICAL
PERFORMANCES) OF CHAPTER 5 (NOISE CONTROL), TITLE 5 (HEALTH AND
SANITATION) OF THE ALBERTVILLE CITY CODE, RELATING TO THE
PERFORMANCE STANDARDS FOR OUTDOOR MUSIC EVENTS
THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA ORDAINS:
SECTION 1. Section 5-5-3 (Exception; Outdoor Musical Performances) of Chapter 5 (Noise
Control) is hereby amended as follows:
5-5-3: EXCEPTION; OUTDOOR MUSICAL PERFORMANCES: The provisions
of section 5-5-1 and subsection 5-5-2E of this chapter do not apply to live outdoor
musical performances which have a permit approved and issued by the city council. The
following criteria shall apply to issuance of a live outdoor musical performance permit:
A. Special Event Outdoor Music Events.
1. Any person, and/or organization, and/or commercial zoned property shall be
limited to a maximum of two (2) permits per year.
2. The permit applicant must pay a permit fee as set by the city council by resolution
ordinance and provide information and/or plan(s) that demonstrates that the site
event will comply with the performance standards of this code.
3. In addition to the permit fee, the city may require a security deposit.
43. The permit applicant must demonstrate that there will be adequate sanitary
facilities for the event.
54. The permit applicant must demonstrate that there will be adequate security and
fencing to control access to the event at the location of the live outdoor musical
performance.
65. The permit applicant must have sufficient off-street parking. The music event
shall not occupy required parking for the principal use of the site.
76. The live outdoor musical performance must not interfere with other commercial
and governmental activities or with the quiet enjoyment of residential property.
City of Albertville
County of Wright
Ordinance No. 2011 - ___
Outdoor Music Performances
Page
EXHIBIT C – OPTION 2
14
H. The location of the live outdoor musical performance must be at least four
hundred feet (400’) from any residence located in a residential zoning district.
7. The stage, performers, speakers and amplifiers are located three hundred feet
(300’) from any residence located in a residential zoning district.
8. The stage, speakers, and amplifiers are arranged in a design and manner that does
not directly broadcast music at or toward a residence within three hundred feet
(300’) of the stage.
9. Outdoor music events shall be allowed between May 15th and October 15th and
the live outdoor musical performance shall only occur on the dates and during the
hours designated by the city council.
10. Outdoor music events shall not perform beyond 12:00 midnight.
112. The volume of the live outdoor musical performance must be reasonable. The
permit holder shall comply with all requests of the Sheriff’s Department to reduce
volumes to mitigate nuisance complaints. (Ord. 2004-05, 6-7-2004)
12. Failure to abide by these standards or the receipt of nuisance complaints may be
grounds for denial of future outdoor musical permits for the property.
B. Friendly City Days Outdoor Music Events. For the weekend of the City’s Friendly City
Days, the City Council may issue an outdoor music event permit for commercial zoned
properties that cannot meet the performance standards of Section 5-5-3.A of the City
Code provided they meet the following conditions:
1. The Friendly City Days permits shall count against maximum two (2) permits per
year.
2. The permit applicant must pay a permit fee as set by Council ordinance and
provide information and/or plans that demonstrate the site event will meet the
performance standards of this section.
3. The permit applicant shall demonstrate that there are adequate sanitary facilities
for the event.
4. The permit applicant shall demonstrate that there will be adequate security and
fencing to control access to the location of the outdoor music event.
5. The applicant shall provide notice of all residentially zoned properties within
three hundred feet (300’) of the site.
City of Albertville
County of Wright
Ordinance No. 2011 - ___
Outdoor Music Performances
Page
EXHIBIT C – OPTION 2
15
6. The permit event shall restrict the outdoor event to only Friday and Saturday of
the Albertville Friendly City Days event. The outdoor music and other outdoor
activities shall cease at 12:00 midnight.
7. The stage, speakers and amplifiers are arranged in a design and manner that does
not direct broadcast music at or toward a residence within three hundred feet
(300’) of the stage.
8. The volume of the music must be reasonable (Ordinance 2004-05, 6-7-2004).
The permit holder shall comply with all requests of the Sheriff’s Department to
reduce volumes to mitigate nuisance complaints.
9. Failure to abide by the standards or receipt of nuisance complaints may be
grounds for denial of future outdoor music permits for the property.
THIS AMENDMENT SHALL BE IN FULL FORCE AND EFFECTIVE IMMEDIATELY
FOLLOWING ITS PASSAGE AND PUBLICATION.
Approved by the Albertville City Council this ____ day of May 2011.
Mark Meehan, Mayor
______________________________
Bridget Miller, City Clerk
Wright County, MN
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EXHIBIT D18
19
MEMORANDUM
TO: Larry Kruse
FROM: Alan Brixius
DATE: April 7, 2011
RE: Albertville – Temporary Off-Site Signs
FILE NO: 163.05 – 11.03
BACKGROUND
The City has received requests to use off-site temporary signs to direct customers to a
business location or to advertise a special event. Albertville’s temporary sign
regulations (Exhibit A) allow up to eight temporary signs per commercial lot per year, for
durations not to exceed 14 days. Except for non-profit, charitable, or civic
organizations, all temporary signs must be located on the site of the business using the
sign.
The City’s temporary sign regulations were developed in 2004. The City Council
directed this effort in response to the proliferation of temporary signs springing up
throughout the community at locations away from businesses being advertised. In
examining this issue, the Council’s objectives were:
1. To require permits for temporary signs to insure their regulation and removal.
2. Control the location of temporary signs to avoid off-premise advertising or the
accumulation of temporary signs at prime intersections.
3. Control the term and frequency for using these signs.
4. Control the sign size.
The current ordinance addresses these issues. In creating this ordinance, the intent of
the regulations was to provide the business with some additional on-site advertising to
supplement their existing permanent signage. The ordinance was not intended to
provide off-site advertising.
20
OFF-PREMISE SIGNS
The City has recognized that some sites are difficult to locate and have taken steps to
improve their recognition including:
1. Construction of a community/downtown business sign at Main and County Road
37.
2. Highway sign for Welcome Furniture along County Road 19.
3. Cedar Creek Golf signs at County Road 18/19.
4. Opportunities for changeable message boards, banners, or cabinets as part of
the freestanding or wall signage to provide opportunities for additional signage.
The City Administrator contacted the owner of the Albertville Crossings Shopping
Center suggesting a changeable message board to aid their businesses in
promoting special events (see Exhibit B).
TEMPORARY SIGN USES
Due to the current economic conditions, the City expanded the use of temporary signs
to six permits per year in 2010 and eight permits per year for 2011 and 2012. Exhibit C
illustrates the temporary sign use 2008-2011.
CONCLUSION
The Planning Commission is asked to comment if the ordinance needs to be revised to
accommodate on-site advertising. Staff is suggesting no changes.
Attachments:
Exhibit A – Existing Ordinance
Exhibit B – City Administrator Correspondence
Exhibit C – Temporary Signage 2008-2011
Exhibit D – Photos
c: Bridget Miller
Jon Sutherland
Tori Leonhardt
Mike Couri
Adam Nafstad
EXHIBIT A –
EXISTING ORDINANCE
G. Temporary And Portable Signs: In all districts, temporary and/or portable signs or
banners may be permitted subject to the following:
1. Permit Requirements:
a. Permit Application: Temporary and/or portable signs or banners shall not
be permitted without a permit. A temporary sign permit application form
and fee, as set by council resolution, shall be submitted to the city
building official, whom is hereby authorized to review and approve
permits for temporary signs and/or portable signs or banners, ten (10)
days prior to the special event. (Ord. 2008-002, 1-22-2008)
b. Duration Of Permit; Expiration; Sign Removal Required: All permits
issued hereunder shall be for a maximum duration of fourteen (14)
calendar days and shall automatically expire after said period. Upon
permit expiration, the applicant shall cease to display any and all signage
permitted by the permit unless the applicant has received a new permit
for said signage. (Ord. 2004-10, 11-15-2004)
c. Limitation On Permits:
(1) No more than four (4) permits per calendar year shall be issued to
any one property, except for the period of time from July 1, 2009
through December 31, 2010, no more than six (6) permits per
calendar year shall be issued to any one property. After December
31, 2010, the number of temporary and portable signs shall be
limited to four (4) permits per calendar year per property.
Shopping centers and multiple-tenant buildings shall be counted
as one property. (Ord. 2009-013, 8-3-2009)
(2) If two (2) permits are obtained in succession by any applicant,
both permits shall be counted for the purpose of determining the
yearly limitations of this subsection G1c. (Ord. 2004-10, 11-15-
2004)
2. Maximum Size: Maximum banner sign size shall be limited to thirty two (32)
square feet. Maximum portable sign size shall be limited to forty eight (48)
square feet. (Ord. 2005-04, 7-5-2005)
3. Nonprofit Or Charitable Organization Signs:
a. The sign must be located on the property of the business with the special
event, and the advertising message must only relate to the business
conducted on that premises; except, that nonprofit or charitable
organizations as defined by internal revenue code 501(C3) may have off
premises signs for their fundraising activities; provided, that they obtain
permission from the property owner.
21
EXHIBIT A –
EXISTING ORDINANCE
b. Special events are limited to no more than six (6) in a year.
c. Signs from nonprofit organizations shall not be counted as one of the four
(4) permits allowed to the property owner.
d. Nonprofit organizations shall be limited to three (3) signs per event.
4. Setbacks:
a. Signs may not be placed in the right of way and must be set back a
minimum of ten feet (10') from all property lines.
b. Where multiple signs have been located, they shall be a minimum of one
hundred feet (100') apart.
5. Dangerous Signs Prohibited; Anchors Required: Signs must not be unsafe or
dangerous; they must be securely anchored. (Ord. 2004-10, 11-15-2004)
H. Off Premises Signs:
1. Except for government signs and signs identified in subsections Q, R and S of
this section, no signs may be erected or temporarily placed within a street right of
way, public lands, easements, or rights of way.
2. The following off premises advertising signs are permitted:
a. Signs regulated by section 10-7-6 of this chapter.
b. Off premises advertising signs within ballparks or stadiums, provided they
are not visible from the perimeter of the property.
c. Off premises temporary and portable signs of nonprofit or charitable
organizations per subsection G3 of this section. (Ord. 2004-09, 11-15-
2004)
22
EXHIBIT B
From: Larry Kruse
To: Alan Brixius
Sent: Tuesday, March 22, 2011 2:06 PM
Subject: FW: Albertville Crossings Development temporary signs - LED Sign
Alan,
FYI ‐ Below is the email from the Albertville Crossings Owner. They do not appear interested or
concerned about this issue.
I traveled to Buffalo, Monticello and saw two of the Liberty Tax Sign Street Walkers, and in St. Cloud a
store was going out of business and had someone walking with the a going out of business sign. Overall,
I did not notice other temporary signs, with the exception of a non‐profit group having a fish fry.
Larry
=========================================================
From: Mark Thomas [mailto:mthomas@copaken-brooks.com]
Sent: Monday, March 21, 2011 2:48 PM
To: Larry Kruse
Subject: RE: Albertville Crossings Development temporary signs - LED Sign
Larry,
Thanks for your interest but this is not something I would like to explore at this time.
Mark Thomas, Chief Operating Officer | Copaken Brooks
Town Pavilion | 1100 Walnut, Suite 2000 | Kansas City, MO 64106
816.701.5000 main | 816.701.5018 direct | mthomas@copaken-brooks.com
=========================================================
From: Larry Kruse [mailto:lkruse@ci.albertville.mn.us]
Sent: Thursday, March 17, 2011 3:28 PM
To: Mark Thomas
Subject: Albertville Crossings Development temporary signs - LED Sign
Mark,
It has been a while since we’ve visited and I hope you are doing well. We have recently been having
some challenges with off‐site temporary signs. That is the rear properties at Albertville Crossings all
want to put temporary signs on the front properties along CSAH 19. Recently, I met with Dusty from
Great Clips and thought we had a plan whereby they would work with you to use the blank space on
your marquee sign. But that ended up just being a banner tied on the bottom of the marquee and yet
another off‐site sign located on 57th Street instead of CSAH 19.
The purpose of my email is to explore an opportunity for you. Many of the rear tenants want special
event exposure to the busy highway there. Might you consider installing a LED sign on your marquee
sign to serve this need. I would think it could be a revenue generator to the extent to pay for the sign
and operations, plus be good for your property. Let’s visit when you get a chance.
Larry R Kruse
5959 Main Avenue
P.O. Box 9
Albertville, MN 55301
(763) 497‐3384 ext 100
23
Temporary Signage 2008-201 1
Number of Signs
Address
5720 Barthel Ind
5015 Main Ave
Applicant
Greater MN Home Improvement 2
Life In Christ Church
5794 Main
5772 Main Ave
152 Club
Full Moon
Neighbors Eatery and Saloon
Geez
Sunoco
Space Aliens
Emma Krumbees
Albert & Emma's
Culvers
Premier Bank
Savistky Building
Savistky Building
Heidi's
DJ's
5788 Main Ave
5952 Large Ave
11166 Cty Rd 37
11 935 59th Place
11 966 59th Place
11025 61st Street
11055 61st Street
I I092 61st Street
11 095 61st Street
11850 62nd Street
6060 Labeaux Ave
6699 Labeaux Ave
6597 Laketowne Place
6550 Lamplight
5301 Kyler Ave
5262 Kyler Ave
5651 LaCentre Ave
5721 LaCentre Ave
5600 LaCentre Ave
5633 LaCentre Ave
5676 LaCentre Ave
5585 LaCentre Ave
Slumberland
Shoppes at Towne Lakes I
D Michael B's
Quality Title Building
Shoppes at Prairie Run
Majors
Albertville Crossings
Albertville Crossings
Arison Salon
Sylvan Learning Center
Goin Postal
Various Locations Albertville Lions - NOn Profit
EXHIBIT C24
EXHIBIT D
25
EXHIBIT D
26
EXHIBIT D
27