2018-01-09 PC Agenda PacketA,lbertville
Smog Town Uvina. Biq C+tv Ufa.
PLANNING COMMISSION MEETING
Tuesday, January 9, 2018
7:00 PM
1. CALL TO ORDER - ROLL CALL — ADOPT AGENDA
2. PLANNING COMMISSION APPOINTMENTS AND TERMS OATH
3. ELECTION OF OFFICERS
4. MINUTES
November 14, 2017 Planning Commission Meeting (pages 1-3)
5. PUBLIC HEARINGS
a. Public Hearing to Consider a Request from Border States Industries Inc. for a
Conditional Use for Expanded Outdoor Storage for Property Located at 11927 53rd
Street NE (pages 4-10)
6. OTHER BUSINESS
a. Discuss Dog Kennel Code Changes (pages 11-23 )
b. August Planning Commission Meeting — set date and time
7. ADJOURNMENT
Anina Nielsen
From: Kim Olson <kolson@ci.albertville.mn.us>
Sent: Wednesday, January 03, 2018 5:26 PM
To: Alan Brixius; Anina Nielsen; Maeghan Becker
Subject: Planning Commission Agenda Items
All —
A few thoughts on the agenda for lanuary's meeting:
• The two new terms (Sheena to a voting member and Rebecca to alternate) will need to take an oath of office
• Determine Chair and Vice Chair
• Set August meeting date and time (falls on Primary Election Night— no public meetings prior to 8:00 p.m.)
Thanks,
Kim Hodena
City Clerk, MCMC
kolson@ci.albertviZZe.mn.us
763,496,6801
i
Anina Nielsen
From: Adam Nafstad <anafstad@ci.albertville.mn.us>
Sent: Wednesday, January 03, 2018 5:23 PM
To: rebecca.l.halling@gmail.com; sheenawegner@gmail.com; Brempell, Mike
(mike.brempell@Dominiuminc.com); buhrmann@lightblast.net; barthelhome70
@centurylink.net; klecker@charter.net
Cc: Walter Hudson; Alan Brixius; Anina Nielsen; Maeghan Becker; Kim Olson
Subject: Planning Commission Appointments
Attachments: 2018-002 Planning Commission Appointments.pdf
Dear Planning Commission Members,
I hope the holidays have treated you well.
This email is to update you on the new Planning Commission appointments approved by the City Council at last night's
meeting. I am pleased to announce Sheena Wegner has been appointed as the new voting member and Rebecca Halling
has been appointed as the new alternate. Sheena has been appointed to serve a 4 year term and Rebecca to serve a 1
year term. The City Council also reaffirmed the terms of the four incumbent members.
The members and terms are as follows:
Rebecca Halling, December 31, 2018
Ran Klecker, December 31, 2019
Michael Brempell, December 31, 2019
Paul Buhrmann, December 31, 2020
Mark Barthel, December 31, 2020
Sheena Wegner, December 31, 2021
Also, Councilmember Walter Hudson has been appointed to continue to serve as the council liaison.
Thank you for your willingness to serve and the important work you do!
Happy New Year,
Adam
Adam Nafstad, P.E.
City Administrator/PWD/CE
City of Albertville
5959 Main Ave NE, PO Box 9
Albertville, MN 55301
P: (763) 497,3384 ext. 100
M: (612) 328.0878
email: anafstad@ci.albertville.mn.us
Nbertville
S—N Town Uving. Big [Rq Illy.
ALBERTVILLE PLANNING COMMISSION
TUESDAY, NOVEMBER 14, 2017
DRAFT MINUTES
ALBERTVILLE CITY HALL
1. CALL TO ORDER - ROLL CALL - ADOPT AGENDA
Chair Klecker called the meeting to order at 7:00 p.m.
Becker conducted roll call.
7:00 PM
Present: Chair Klecker and Commissioners Buhrmann, Barthel, and Council Liaison
Hudson.
Absent: Dominick, Brempell, and Wegner.
Others Present: City Planner Alan Brixius and Building Permit Technician Maeghan
Becker.
Motioned by Buhrmann, seconded by Barthel, to approve the agenda. Ayes: Klecker,
Barthel, Buhrmann, and Hudson. Nays: None. Absent. Dominick, Brempell, and
Wegner. MOTION DECLARED CARRIED.
2. MINUTES
Motioned by Buhrmann, seconded by Klecker, to approve the October 10, 2017
Planning Commission meeting minutes. Ayes: Klecker, Barthel, Buhrmann, and
Hudson. Nays: None. Absent: Dominick, Brempell, and Wegner. MOTION DECLARED
CARRIED.
3. PUBLIC HEARINGS
A. None
Page 1
4. OTHER BUSINESS
A. Consideration of Small Cell Telecommunication Right -of -Way Management
Ordinances
Brixius explained the new law that was enacted in the 2017 Legislative Session, which allows
small wireless equipment to be put in the public street right-of-way. The law is meant to expand
broadband service coverage. The new equipment can be located on City -owned equipment
(example: street lights or power poles), or they can be attached to a newly constructed 50 foot
pole which would be located in the public right-of-way.
Brixius went over the following issues and analysis:
1. Zoning Ordinance Update.
2. Conditional Use Permit for Residential Areas. Items that the City can regulate with a
conditional use permit:
a. Fifty foot height restriction on the support structure.
b. Restrict how close a support structure can be to a curb, driveway, or sidewalk.
c. Require support structures to be near the corner of a lot.
d. Require screening or aesthetically pleasing coloring for the antenna and
ground equipment.
e. Require high quality building materials. The support structure shall be a
monopole design of galvanized steal, aluminum, or fiberglass, which will be
of a color that blends with the surrounding area and is camouflaged.
f. Require underground power lines to serve the antenna.
g. Require matching coloring with other equipment.
3. Right -of -Way Ordinance Update.
Brixius concluded that the City Council should update their right-of-way ordinance and zoning
ordinance to regulate the placement and appearance of small cell wireless towers and antennas in
accordance with the draft ordinance update for the right-of-way ordinance and the zoning
ordinance that is attached to the planners report dated November 9, 2017.
Barthel was concerned about the permit process, Brixius informed the Commissioners that the
applicant will need to apply for a right-of-way permit and also a conditional use permit.
Buhrmann commented that he sees the need for this as our technology is growing and also sees
the need to adopt this ordinance to set restrictions.
Hudson explained that this process is for the next step in our technology, and that this will be
needed in the coming years as the demand increases.
Klecker is concerned about the new structure 50 foot poles. He would like to see the new
small wireless equipment to be built only on existing poles.
Planning Commission Meeting Minutes Page 2
Regular Meeting of November 14, 2017
Motioned by Buhrmann, seconded by Barthel, to approve the Consideration of Small
Cell Telecommunication Right -of -Way Management Ordinance including the following
changes (a) the applicant must use galvanized steal, aluminum, or fiberglass for the
design materials, (b) the applicant mustgive wind -load projections, and (c) setback
information. Ayes: Klecker, Barthel, Buhrmann, and Hudson. Nays: None. Absent.
Dominick, Brempell, and Wegner. MOTIONDECLARED CARRIED.
Brixius gave an update to Commissioners about the Mall of Entertainment.
5. ADJOURNMENT
Motioned by Barthel, seconded by Buhrmann, to adjourn the meeting at 7.48pm. Ayes:
Klecker, Barthel, Buhrmann, and Hudson. Nays: None. Absent. Dominick, Brempell, and
Wegner. MOTION DECLARED CARRIED.
Respectfully submitted,
Maeghan M. Becker, Building Permit Technicia
Ji Y
Planning Commission Meeting Minutes Page 3
Regular Meeting of November 14, 2017
NORTHWEST ASSOCIATED CONSULTANTS, INC.
4150 Olson Memorial Highway, ate. 320, uulden Valley, MN 55422
Telephone: 763.957.1100 Website: www.nacplanning.com
PLANNING REPORT
TO:
FROM:
DATE:
RE:
FILE NO:
BACKGROUND
Adam Nafstad
Alan Brixius / Ryan Grittman
January 4, 2018
Albertville — Border States Industries CUP Amendment
163.06 — 17.13
Border States Industries, Inc. has submitted an application for a conditional use permit
amendment and site plan review for property located at 11927 53rd Street NE. The
proposed site plan is for the expansion of outdoor storage for truck parking.
The site is zoned 1-1 Limited Industrial. Under the 1-1 Zoning District, outdoor storage as an
accessory use is an allowed by conditional use permit. The site is currently occupied by the
Border States Industries building and outdoor storage. The site is approximately 14.49
acres. The site is adjacent to 1-1 zoning on all sides.
The applicants seek to expand their outdoor storage to the east by way of amending their
existing conditional use permit.
Attached for reference:
Exhibit A:
Site Survey
Exhibit B:
Grading and Drainage Plan
Exhibit C:
Lighting Plan
ISSUES ANALYSIS
Visioning Study. The Visioning Study for the City of Albertville identifies the goal to
"promote continued industrial development in order to expand local employment
opportunities and the City's tax base." The applicants' proposal fits with the goal of the
Visioning Study.
n
Zoning. The subject site is zoned 1-1, Limited Industrial. Within the 1-1 District, outdoor
storage is a conditional use.
Existing Adjacent Uses. The site is adjacent to 1-1 zoning on all sides. The site is also
heavily wooded and limited visibility from abutting sites is expected.
Setbacks. The following table illustrates that the proposed building will meet the required
setbacks:
Required
Proposed
Compliant
Front Yard
35 feet
69.5 feet
Yes
Side Yard (north)
10 feet
149.3 feet
Yes
Side Yard (south)
10 feet
34 feet
(approximately)
Yes
Lot Area, Width, and Depth. The subject site is approximately 14.49 acres in area; has a
lot width of approximately 600 feet; and a depth of approximately 958 feet. This exceeds
the standards for the 1-1 District.
Easements. The site has a drainage and utility easement that runs along the south side of
the property. This is subject to further review by the City Engineer.
Maximum Site Coverage. Within the 1-1 District, the total impervious surface is limited to
85%. The total lot area is 14.49 acres. The existing site coverage is approximately 7.39
acres. With the proposed outdoor storage expansion, the impervious surface will increase
1.85 acres for a total of 9.24 acres and 64% impervious surface. The site coverage will be
well below the 85% limit.
Site Lighting. The applicants have submitted a lighting plan (Exhibit C) that shows nine
lights. The lights will be angled at 90 degrees toward the ground. The photometric plan
shows that the perimeter of the property will have between 0.2 foot candles and 3.9 foot
candles. The applicant has provided information on the proposed light fixtures the mounting
height will be 28 feet high and the fixture will be 90 degree full cutoff lights. These features
both meet the City Code standards.
Parking. The parking area is on the west side of the building, away from the proposed
storage expansion. The storage area will be enclosed with a fence. By code, the outdoor
storage area cannot encroach on the parking area. The existing fence on the west side of
the building will ensure compliance with this requirement.
Landscaping. The site is heavily wooded on all sides. No additional landscaping will be
necessary with the outdoor storage expansion. The area has wetlands to the south and
north of the site and thus, no development.
Grading and Drainage Plan. The applicants have submitted a grading and drainage plan
(Exhibit B) that directs hard surface stormwater to the south central part of the expansion
5
area lot as well as the northwest part of the expansion area. This plan is subject to further
review by the City Engineer.
Conditional Use Permit. The applicants have applied for a conditional use permit to expand
their outdoor storage as an accessory use, the following is an analysis of the requirements
for outdoor storage:
The area occupied is not within a required front or required side yard.
Staff Comment: The proposed location meets this requirement.
2. The storage area is totally fenced, fully screened and landscaped according to a plan
approved by the Zoning Administrator, and a landscape guarantee, as determined by
the Zoning Administrator, is provided.
Staff Comment: The applicants are proposing a chain link fence to comply with this
requirement. The existing tree and vegetation provide required screening on the site.
The outdoor storage site is also isolated from adjacent properties.
3. The storage area is grassed or surfaced with asphalt, concrete, or crushed rock
(concrete or granite) to control dust. Should an area surfaced with anything other
than hard surfacing prove to be unmaintainable, the City shall require that a hard
surface be installed within three months of formal written notice to the property
owner.
Staff Comment: The applicants are proposing a gravel surface for this area. This is
subject to further review by the City Engineer.
4. All lighting shall be hooded and so directed that the light source shall not be visible
from the public right of way or from neighboring residences and shall be in
compliance with Section 1000.10 of this chapter.
Staff Comment: The applicants have submitted a lighting plan for review. The height
and illumination comply with the City's requirements. Staff is requesting a sample of
the type of light fixture and pole height for review.
5. The storage area does not encroach upon required public or employee parking
space(s), required loading space, or snow storage area as required by this ordinance.
Staff Comment: The proposed storage area is on the opposite side of the building
from the parking lot.
6. A site plan documenting the location and grading of the storage operation shall be
submitted and shall be subject to the approval of the City Engineer.
Staff Comment: The applicants have submitted this plan. The City Engineer will
review and provide comments.
0
SUMMARY AND RECOMMENDATION
Border States Industries Inc. has applied for an amendment to an existing conditional use
permit to allow for the expansion of outdoor storage. The storage is on the east side of the
property and is surrounded by trees and wet areas. The proposed expansion will have
minimal impact on adjacent land uses.
Based on our review of the plans submitted on behalf of Border States Industries, Inc. dated
December 12, 2017, we recommend approval of said plans with the following conditions:
1. Submission of a detailed grading, drainage, and erosion control plan.
2. Subject to the recommendations of the City Engineer with regard to the site grading,
surfacing, drainage, erosion control, and stormwater management.
3.
4. The site will require a MPCA NPDES Permit.
C. Kim Hodena
Meaghan Becker
Paul Heins
Mike Couri
Dan Johnson djohnson dialectRE.com
Troy Montgomery tmontgomery(o)-borderstates.com
7
BARTHEL' 5 MDUSTRIAL PARK
Al TA/AGSM [,AND TITLE SURVEY FOR:
BORDER STATES INDUSTRIES, INC
11927 53rd Street NE
Albertville, MN
Commitment Legal Description
Parcel 1:
Lots 6 ark 12, Block 2, BARTIEL' S ihAU'"TRIAL PARK, tooggeethaf with that pwtion of
Mackenzie Avenue NoYtheaet, vocutad by Reeotdution adopted .Aare is, 2007, ps
docmnnt No. A T060794, that occ ed to sofd Lot 12 by reason of the vacotfon
thereof.
Parent 2: (Nat part of this survey)
�� Note Corresponding to Schedule B, Sect. 11
{[})j Iteme #1-11 - Not o survey issue or to otr knoHledge-
�L�� Rem #12 - utifty and drainage easement per Doc. No. A1060794
[r�fl�] I a9 sho perepn
@[Lpl Ham 113 An easemeM far ingress and egress for maintenance of drain field
over d of Lot 12, per Doc. Ho. 349539,
@ff
� Item �14 - Wotermain easement per doe, no. 663949 as shown hereon.
l tr,Y y�-,1 yItem/ 15 - Electric Trmsmisslan eosemen! per doc. no. A968540 does
nat affect tArs Parcel
Item 116 - Droirage & atrty awsemerrt per doc, no, A968542 does not affect this Parcel
V Item #17 - Easement per Dec- No- A1060794 as shown hereon.
[ty) rt m j 18 - hrprovemants still exist.
Item 019 - Not part of this survey.
Miscellaneous Notes
A(N f e.eu a .n..naN.� p evleee ey Cmnrrdd Pa•Yw. lea. ue. Re Nu aalo:s
way 1. 2a11. rare: cN z net pest or ale n .
hAN2 Area of pdree! is 631384 egft (14AQ sores)
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hAN4 Ba, d.rrak- = a} hydrurt —St
in the 6-t hao t corner w it*
sac at -7rd feel
NE
Ekvalipn - f361-74 }eel
MN5 Prop.." krt combination legal deecnptlon:
LOU a and 12, Block 2, 9ARTHEL'S MWSTR1AL PARR, eogether with th.t portion of
M.okenxk. Avenue Norawes4 vacated by Rasoulution adapted Jwre 19, 2P07, h
dmx nt No. AI OadT94, that aeeurael to aald Lae 12 by rcaaan of the vaudon theroof.
iYfNfi ABev. groaha aunty beotiax none — rntd Waded u �. u urdrPuW w<JE rw'+dcmr
=.,.e a.r or pert lam° Nl tea ee rb e.m 1° - 1h arm as t,.r.:ree I cepn°r Bret,
ar ra per tld�.t nrrd.r 5000523�A riou.v..a.. ok Ehe weir cwrpw:n 1plr�d ry rr1 wrote
r W=" la=el Cwopher 5tbeiOn: Cd =4544-O.00a2,tron ero.�e ores, ram,.
MN7 ewdaroa of recant earth .ark as nuked on srvey
1AN8 No evldesoe of exi.tIng or proposed c pe in treat rift or way.
L AIN9 No eyide oe of
property being used a. a rood ,meta d-T. e r kp or w:tay k dfill.
ALTAIACSM Land Title Survey
TeW WrderBi{prad, beMtp a n.pLdared aw.ejol W yrs Stele of Mr.tead� carrii far rrl adder
&&gas rndt,mrres. rno-, a NOdn L'eAnre mrparadon(d1 commeeelef Farmers ,rw LLC
as totrw.s
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Rana 1, 2..1. 4. 5, d(b), 7(s). 8, 9. 1l(aJ and 14. of 7aata A dleraof
The Wd Hai was compared Jwre 1i• 2011.
Dated mis 1-1,M day of June, 2017
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`•--• Setback line
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-- Derwtes Existing Contour
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NORTHWEST ASSOCIATED CONSULTANTS, INC.
4150 Olson Memorial Highway, Ste. 320, Golden Valley, MN 55422
Telephone: 763.957.1100 Website: www.nacplanning.com
MEMORANDUM
TO: Adam Nafstad
FROM: Alan Brixius
DATE: January 4, 2018
RE: Albertville — Private Kennel Ordinance
FILE NO: 163.05 — 17.22
BACKGROUND
The City has received numerous complaints related to keeping of more than two dogs on
a residential property. The complaints have generally related to nuisance issues related
to barking, yard maintenance, odors, etc. In response to correction notices, most
property owners with more than two dogs pursue a private kennel license under Section
6-2-17 of the City Code. However, the receipt of the kennel license does not typically
remedy the nuisance issues for the neighborhood, creating an enforcement issue.
In investigating the complaints, staff finds that private kennels in urban residential areas
have only prolonged the nuisance issues. In this respect, staff is recommending
removing the private kennel section from the City Code and limiting the number of dogs
per house to two and up to three dogs, if one of the dogs meets the definition of a
service dog. Staff believes that this code amendment will reduce the number of dog
complaints and will provide a more definitive enforcement on homes that violate the
number of dogs. The attached ordinance includes:
Section 1. Definitions
• Delete the current definition of private kennel.
• Include the State Statute definition of service animal.
Section 2. Dog Licensing Provision
• Establish license limit for number of dogs per property.
• Delete private kennel reference.
11
Section 3. Commercial Kennels
• Revise number of dogs per commercial kennel to reflect the City's kennel housing
requirements and a 30 dog maximum cap.
• Establish zoning districts where commercial kennels may be allowed.
Section 4. Private Kennels
• Repeal Section 6-2-17 in its entirety.
Section 5. Maintenance, Location, Conditions of Animal Quarters
• Repeal reference to private kennels.
A second ordinance amends the Albertville Zoning Ordinance to allow commercial
kennels in the A-1, B-W, and I Zoning Districts by conditional use permit. The
performance standards for the conditional use permit reflect recommendations from the
Animal Humane Society and conditions to limit impacts on adjoining businesses in the B-
W and 1-1 Districts.
RECOMMENDATION
Staff is recommending a change to the City Code and Zoning Ordinance to address
nuisance issues related to the keeping of dogs. The attached amendments are offered
for City review and consideration.
c: Kim Hodena
Maeghan Becker
Paul Heins
Mike Couri
12
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
ORDINANCE NO.: 2018-
AN ORDINANCE AMENDING THE CITY CODE, SECTIONS 6-2-1, 6-2-3, 6-2-16,
6-2-17, AND 6-2-18 RELATING TO ANIMAL KENNELS IN THE CITY OF
ALBERTVILLE, MINNESOTA
The City Council of the City of Albertville, Minnesota hereby ordains:
Section 1. Section 6-2-1, Definitions of the Albertville City Code is hereby amended to include
the following:
NO I kq Ift .. .
SERVICE ANIMAL: An animal that is that is individually trained to do work or perform tasks
for people with disabilities. Service animals are working animals, not pets. A dog whose sole
function is to provide comfort or emotional support does not qualify as a service animal.
Section 2. Section 6-2-3, Dog Licensing Provisions of the Albertville City Code is hereby
amended to read as follows:
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.
1. The licensee shall at all times 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 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 as
established in section 3-1-3 of this code. 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
13 EXHIBIT A
SERVICE ANIMAL: An animal that is that is individually trained to do work or perform tasks
for people with disabilities. Service animals are working animals, not pets. A dog whose sole
function is to provide comfort or emotional support does not qualify as a service animal.
Section 2. Section 6-2-3, Dog Licensing Provisions of the Albertville City Code is hereby
amended to read as follows:
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.
1. The licensee shall at all times 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 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 as
established in section 3-1-3 of this code. 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
13 EXHIBIT A
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 established in section 3-1-3 of this 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.
E. Commercial Kennel License: A commercial kennel license may be issued by the animal
control authority.
F. Private Kennel bieense: A private kennel license may be issued by the animal eantfol
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F. License Limit. Except for Commercial Kennels, no property shall contain more than two
(2) dogs at a time for a period of more than one (1) week. A property may contain three
(3) dogs if one or more are service animals as defined in this section.
Section 3. Section 6-2-16, Commercial Kennels of the Albertville City Code is hereby amended
to read as follows:
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.
B. Application For License; Fee: Application for such license shall be made to the animal
control authority and shall be accompanied by the fee as established in section 3-1-3 of
this code.
C. Annual Licenses; Expiration; Fee: Commercial kennel licenses 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 established in section 3-1-3 of this code.
14 EXHIBIT A
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
the pr-ov aoa s,, 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 thii reflective of the sites ability to function adequately according to
Section 6-2-18 and provide a safe and clean environment. In no case, shall a site be
allowed to have more than 30 dogs onsite.
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
G. Commercial kennels shall only perate in the following zoning districts:
1. A-1, Agricultural Rural District
2. B-W, Business Warehousing District
3. I-1, Limited Industrial District
Section 4. Section 6-2-17, Private Kennels of the Albertville City Code is hereby repealed in its
entirety:
15 EXHIBIT A
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16 EXHIBIT A
Section 5. Section 6-2-18, Maintenance, Location, and Condition of Animal Quarters and
Commercial and Private Kennels of the Albertville City Code is hereby amended to read as
follows:
6-2-18: MAINTENANCE, LOCATION, AND CONDITION OF ANIMAL QUARTERS AND
COMMERCIAL AND DDT ' n TLC' KENNELS:
A. Animal housing facilities and commercial apr-ivatekennel 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.
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.
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.
H. Commercial ante kennels must comply with building setbacks within the
applicable zoning district.
I. Commercial and kennels may require a building permit if over one hundred
twenty (120) square feet in size.
17 EXHIBIT A
Section 6. This ordinance shall be effective upon its passage and publication.
Approved by the Albertville City Council this day of , 2018.
ATTEST:
Jillian Hendrickson, Mayor
Kimberly A. Hodena, City Clerk
18 EXHIBIT A
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
ORDINANCE NO.: 2018-
AN ORDINANCE AMENDING THE CITY CODE APPENDIX A, ZONING
ORDINANCE, SECTIONS 3100.4, 4500.2, 4500.4, AND 4600.4 RELATING TO ANIMAL
KENNELS IN THE CITY OF ALBERTVILLE, MINNESOTA
The City Council of the City of Albertville, Minnesota hereby ordains:
Section 1. Section 3100.4, Agricultural Rural District Conditional Uses is hereby amended to
read as follows:
Commercial riding stables and veterinary clinics with overnight care and similar uses;
provided, that:
A. 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.
B. 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.
C. The provisions of Minnesota pollution control agency regulations SW53(2), as may be
amended, are complied with.
D. All other applicable state and local regulations pertaining to nuisance, health and safety
conditions, etc. are complied with.
E. The provisions of subsection 400.2F of this ordinance are considered and satisfactorily
met.
F. All requirements of chapter 2300 of this ordinance and section 6-2-18 of the city code are
met.
Animal kennels and animal day care. Subject to the following conditions:
A. The facility's minimum size must provide for seventy-five (75) square feet per dog and
twenty (20)square feet per cat or any other animal boarded at any one time, exclusive of
office or storage area. The facilityprovide one cage or air kennel per animal.
B. Related ancillary services includingtraining, aining, grooming and food and accessory sales may
be conducted or provided at the facility.
19 EXHIBIT B
C. An exercise area shall be provided to accommodate the periodic exercisinu of animals
boarded at the facility. The exercise area must be one hundred (100) square feet in size
for each animal that occupies that area at any one time. Any outdoor exercise area must
be fenced, must have a three (3) foot vegetative buffer, must be cleaned regularly, and
any animal waste must be appropriately treated before it is allowed to enter any
stormwater pond or storm sewer.
D. The facility must have a ventilation system that prohibits the transmission of odors or
organisms between tenant bays. The ventilation system must be capable of completely
exchanging internal air at a rate of 1.00 cfm/square foot of floor space per area dedicated
for the keeping of animals exclusive of offices pursuant to Chapter 1346 of the Minnesota
State Building Code, as may be amended, these requirements can be met by the
submission of an air exchange analysis, acceptable to the city from a Minnesota licensed
contractor or engineer confirming compliance with said standards, otherwise, the facility
ventilation system must be completely separate and independent of other tenant space
within the building. Facility air temperature must be maintained between sixty_(60)
degrees and eighty (80) degrees Fahrenheit.
E. A sufficiently sized room/cage separate from the facility areas shall be provided to
adequately separate sick or injured animals from healthy animals.
F. Wall finish materials below fortv-6zlit (48) inches in heiuht shall be impervious
washable materials like sealed masonry, ceramic tile, glassboard, or marlite. Floor finish
shall be sealed concrete or other approved impervious surface. Liquid -tight curbing, at
least six (6) inches high, shall be installed along shared walls for sanitary confinement
and water wash -down cleaning.
G. Animal wastes shall be immediately cleaned up with solid wastes being enclosed in a
container of sufficient construction to eliminate odors and organisms. All animal waste
must be properly disposed of daily_
H. The facility must be appropriately licensed per Section 6-2-16 of the Albertville City
Code and all conditions of said section must be satisfied.
L The property owner shall provide the city with at least fourteen (14) days' notice of the
animal kennel/day care intention to vacate the premises and allow a city inspection of the
premises.
J. The facilityprovide sufficient, uniformly distributed lighting to the kennel area.
K. Exemption. Veterinary clinics that board ten (10) or fewer animals and pet stores are
exempt from this conditional use permit requirement.
L. All requirements of chapter 2300 of this ordinance and section 6-2-18 of the city code are
met.
20 EXHIBIT B
Section 2. Section 4500.2, B-W Business Warehousing District Permitted Uses is hereby
amended to read as follows:
Section 3. Section 4500.4, B-W Business Warehousing District Conditional Uses is hereby
amended to read as follows:
Animal kennels and animal day care subject to the following conditions:
A. The facility's minimum size must provide for seventy-five75) square feet per do an
nd
twenty (20) square feet per cat or any other animal boarded at any one time, exclusive of
office or storage area. The facility must provide one cage or air kennel per animal.
B. Related ancillary services including training, grooming and food and accessory sales may
be conducted or provided at the facility.
C. An exercise area shall be provided to accommodate the periodic exercising of animals
boarded at the facility. The exercise area must be one hundred (100) square feet in size
for each animal that occupies that area at any one time. Any outdoor exercise area must
be fenced, must have a three (3) foot vegetative buffer, must be cleaned regularly, and
any animal waste must be appropriately treated before it is allowed to enter any
stormwater pond or storm sewer.
D. The facility must have a ventilation system that prohibits the transmission of odors or
organisms between tenant bays. The ventilation system must be capable of completely
exchanging internal air at a rate of 1.00 cfm/square foot of floor space per area dedicated
for the keeping of animals exclusive of offices pursuant to Chapter 1346 of the Minnesota
State Building Code, as may be amended, these requirements can be met by the
submission of an air exchange analysis, acceptable to the city from a Minnesota licensed
contractor or engineer confirming compliance with said standards, otherwise, the facility
ventilation system must be completely sparate and independent of other tenant space
within the building. Facility air temperature must be maintained between sixty (60)
degrees and eighty (80) degrees Fahrenheit.
E. A sufficiently sized room/cage separate from the facility areas shall be provided to
adequately separate sick or injured animals from healthy animals.
F. Wall finish materials below fortv-eight (48) inches in height shall be impervious
washable materials like sealed masonry, ceramic tile, glassboard, or marlite. Floor finish
shall be sealed concrete or other approved impervious surface. Liquid -tight curbing, at
least six (6) inches high, shall be installed along shared walls for sanitary confinement
and water wash -down cleaning.
21 EXHIBIT B
G. Animal wastes shall be immediately cleaned up with solid wastes being enclosed in a
container of sufficient construction to eliminate odors and organisms. All animal waste
must be properly disposed of daily.
H. The facility must be appropriately licensed per Section 6-2-16 of the Albertville City
Code and all conditions of said section must be satisfied.
I. The property owner shall provide the city with at least fourteen (14) days' notice of the
animal kennel/day care intention to vacate the premises and allow a city inspection of the
premises.
J. The facilityprovide sufficient, uniformly distributed lighting to the kennel area.
K. Exemption. Veterinary clinics that board ten (10) or fewer animals and pet stores are
exempt from this conditional use permit requirement.
L. All requirements of chapter 2300 of this ordinance and section 6-2-18 of the city code are
met.
Section 4. Section 4600.4, I-1 Limited Industrial District Conditional Uses is hereby amended
to read as follows:
Animal kennels and animal day care subject to the following conditions:
A. The facility's minimum size must provide for seventy-five75)square feet per dog and
twenty (20) square feet per cat or any other animal boarded at any one time, exclusive of
office or storage area. The facility must provide one cage or air kennel per animal.
B. Related ancillary services including training, grooming and food and accessory sales may
be conducted or provided at the facility.
C. An exercise area shall be provided to accommodate the periodic exercising of animals
boarded at the facility. The exercise area must be one hundred (100) square feet in size
for each animal that occupies that area at anv one time. Anv outdoor exercise area must
be fenced, must have a three (3) foot vegetative buffer, must be cleaned regularly, and
any animal waste must be appropriately treated before it is allowed to enter any
stormwater pond or storm sewer.
D. The facilitv must have a ventilation system that prohibits the transmission of odors or
organisms between tenant bays. The ventilation system must be capable of completely
exchanging internal air at a rate of 1.00 cfm/square foot of floor space per area dedicated
for the keeping of animals exclusive of offices pursuant to Chapter 1346 of the Minnesota
State Building Code, as may be amended, these requirements can be met by the
submission of an air exchange analysis, acceptable to the city from a Minnesota licensed
contractor or engineer confirming compliance with said standards, otherwise, the facility
ventilation system must be completely separate and independent of other tenant space
22 EXHIBIT B
within the building. Facility air temperature must be maintained between sixty (60)
degrees and eighty (80) degrees Fahrenheit.
E. A sufficiently sized room/cage separate from the facility areas shall be provided to
adequately sparate sick or injured animals from healthy animals.
F. Wall finish materials below fortv-eiizht (48) inches in heiizht shall be impervious
washable materials like sealed masonry, ceramic tile, glassboard, or marlite. Floor finish
shall be sealed concrete or other approved impervious surface. Liquid -tight curbing, at
least six (6) inches high, shall be installed along shared walls for sanitary confinement
and water wash -down cleaning.
G. Animal wastes shall be immediately cleaned up with solid wastes being enclosed in a
container of sufficient construction to eliminate odors and organisms. All animal waste
must be properly disposed of daily.
H. The facility must be appropriately licensed per Section 6-2-16 of the Albertville CitX
Code and all conditions of said section must be satisfied.
I. The property owner shall provide the city with at least fourteen (14) days' notice of the
animal kennel/day care intention to vacate the premises and allow a city inspection of the
premises.
J. The facility must provide sufficient, uniformly distributed lighting to the kennel area.
K. Exemption. Veterinary clinics that board ten 00) or fewer animals and pet stores are
exempt from this conditional use permit requirement.
L. All requirements of chapter 2300 of this ordinance and section 6-2-18 of the city code are
met.
Section 5. This ordinance shall be effective upon its passage and publication.
Approved by the Albertville City Council this day of , 2018.
ATTEST:
Jillian Hendrickson, Mayor
Kimberly A. Hodena, City Clerk
23 EXHIBIT B