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1991-09-24 PC Minutes .. . PLANNING & ZONING COMMISSION September 24, 1991 Albertville City Hall 7:30 PM Tom COMMISSION MEMBERS PRESENT: Donatus Haller, Mark Daleiden, and Ri~~ o~, Chairman Haller uJ(j..)~ Ci Vetsch. r.",P~'- ~- Bishop made a mo 10, 1991, meeting. D. ~1-/ f-~I/ Bishop made a I Daleiden seconded the Chai rman Hall er preliminary plat re' (Albertville Meadows) . George Yankoupe d preliminary plat from lots were approved for lots will be used for buildings. Yankoupe po~nted out by the alteration requested. _~lnal _~lnal five gs. The two __'-'u ur: two 7 S-uni t apartment that the density would not change The pI an is to construct one of the apartment bui ldings immediately. The apartment complexes will include swimming pools, basketball courts, tennis courts and a possible playground area. The bui 1 dings are three s tori es in height and wi 11 be totall y sprinkled. The first building is projected to be totally complete for occupancy before the end of 1992, with the first phase occupancy projected for September of 1992. There will be a two hour firewall between the sections of the buildings. Sewer and water lines must be extended to the end of the plat to serve both apartments. Storm drainage flows across County Road 37, away from the county ditch. Haller expressed concerns about the lack of a tot lot playground area on the preliminary plan. The developers explained they could shift the tennis courts to make room for a tot lot. Daleiden made a motion to recommend the City Council approve the preliminary plat for the Westwind Third Addition (Albertville Meadows). Daleiden asked the Council to consider requiring a tot lot to be incorporated in the plans. Berning seconded the motion. All voted aye. . Vetsch pointed out to the developers that the City is currently working on decreasing flow into the sanitary sewer system as required by the MPCA and warned the developers there may be a . . . . , delay in getting a sewer extension permit from the MPCA. Vetsch made a motion to close the public hearing on the Westwind Third Addition. Bishop seconded the motion. All voted aye. Chairman Haller reconvened the public hearing on the Conditional Use Permit to operate a dog kennel for Ralph and Helen Ackerman. Patti Salzwedel, the City's Animal Control Officer, explained to the Commission that the City ordinances require that a kennel must have a permi t to operate. The Commission reviewed her inspection report and recommendations submitted on September 10, 1991. Ralph guarantee. indicated i 11 nes s . Ackerman explained that his dogs have a written He showed the Commission one Pomeranian puppy who he that had been returned to him supposedly because of Sue Ackerman expl ained that the runs are raked dai 1 y and sprayed with a disinfectant. Beverly Capstick, whose letter was presented to the Commission at the September 10, 1991, meeting was present and tol d the Commission that she is a licensed animal technician and a judge for the AKC. She reported that she has visited the kennel and in her opinion the dogs were in very poor condition. Mike Padden, an attorney representing Sunshine Kennels, presented the Commission with Ackerman's responses to the issues raised in the Animal Control Officer's inspection report, the letters the Commission has received, and a summary of the USDA inspection. Padden stated that there is nothing in ei ther the state statutes nor the Ci ty' s ordinances that require concrete runs. According to Padden, the USDA does not even recommend concrete runs. Sunshine Kennels believes it is the intent of the people opposed to the kennel to put Sunshine Kennels out of business. The Commission heard Jim Andrews' concerns about the condition of the dogs. Robin Derrickson, owner of Derrickson Kennels in Buffalo, told the Commission her kennels have concrete runs and she works very hard to keep them clean. She couldn't imagine how dirt runs could be cleaned. Commission member Bishop stated that the Commission's concern is that the Ackerman's are in compliance with the City and state statutes. Padden countered that the Ci ty had taken a hands-off approach to the kennel s before Ackerman opened the kennel s. He . . pointed out that Ackerman initiated the request for a CUP. Dr. Jerry Arnt 1 veterinarian 1 expl ained that he has worked wi th other ci ties to establ ish ordinances governing kennel s. He feels that the City has the opportunity to set up its own standards at this timel which will cover all future kennels in the City. He recommended that the Commission establish ordinances that require and define "impervious" surfaces. Chairman exercise areas impervious. Haller stated that in his opinion the outside at Sunshine Kennels consisting of Class 5 are not Steve Ackerman told the Commission that the dogs his father keeps are generally healthy animalsl and when they are notl they are taken to the vet clinic. Robin Derrickson explained that exercise areas is replaced annually. outside on an individual basisl after before another animal is let out. the gravel on her outside Animals are only allowed which the area is cleaned Ackerman told the Commission he has 38 adult dogs in 13 runs. There are 15 puppy cages insidel which house between 25-50 puppies dai I y. Records are maintained on all vaccinations 1 etc. The puppies are sold when they are about eight weeks old. Heat lamps on a thermostatic controls are used to maintain temperature in the boxes. Dr. Arnt expressed concerns that the use of heat lamps could result in a fire. Commission member Vetsch suggested that discussion on the CUP be discontinued unti I the recommendations made by the Animal Control Officer have been met. Financial hardship is not an issue that the Commission can take into consideration. Daleiden made a motion to continue the public hearing on the Ackerman kennel issue to October 8/1991. If any additional information is to be presented to the Commissionl it should be recei ved at Ci ty Hall prior to the day of the meeting. Bishop seconded the motion. All voted aye. Chairman Haller opened the public hearing to consider a variance for a sign for DJ's Total Home Care Center. LeRoy Berning explained that the proposed sign would be located off the right of way on the property. The Commission reviewed the considerations of the building inspector and the sign ordinance. The 800 square foot sign painted on the side of the building is not in conformance with the current sign ordinance. Berning indicated that he considers that sign a . billboard and he does not plan to remove it. He feels that the sign ordinance for Albertville is too strict for a city of this size. Berning also explained to the Commission that four 4' X 8' signs advertising the tenants in the building may be installed and asked the Commission for input. Daleiden made a motion to continue the public hearing on the variance requested by DJ's to October 8, 1991, in order that the Commission can get addi tional information. Bishop seconded the motion. Daleiden, Bishop, Haller and Vetsch voted aye. Berning abstained. Daleiden made a motion to adjourn the meeting at 10:05 PM. Bishop seconded the motion. All voted aye. ('~~:~}Cr\d / . Linda Houghton, . .