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NOTICE OF PLANNING COMMISSION MEETING
Thursday, April 17, 2008
THURSDAY, APRIL 17, 2008, PLANNING COMMISSION MEETING MINUTES
There will be a meeting of the Planning
Commission in and for the City of Albany, Stearns County,
Minnesota at
6:30
o’clock in the evening on Thursday, April 17, 2008,
in the Council Room at
400 Railroad Avenue
for the said City.
AGENDA
1. Act
on minutes of meeting held on February 27, 2008
2. Roger
Dowell – variance request to erect a free standing sign for
Rocky Ridge Outlet
3. Tom
Schneider, Clerk/Adm. – present information relating to the
establishment of minimum standards for an outside patio to allow
the consumption of alcoholic beverages for liquor licenses
permit holders and outdoor dining activities as a conditional
use
Tom Schneider
Clerk/Adm.
THURSDAY, APRIL 17, 2008, PLANNING COMMISSION MEETING
MINUTES
Pursuant to due call and notice there
of a meeting of the Planning Commission in and for the City of
Albany, Stearns County, Minnesota, was called to order by Acting
Chairman Todd Horton at 6:35 o’clock in the evening on Thursday,
April 17, 2008 in the Council Room at 400 Railroad Avenue for
the said City.
Other Planning Commission members
present for the meeting were: Will Seiler, Joseph Gilk, and
Joseph Wedel. Commission member John Harlander arrived for the
meeting at 6:40PM. Councilor John Greer, Planning Commission
Liaison, and James Stueve, Police Chief, were also present for
the meeting.
Acting Chairman Todd Horton called
for any additions or corrections to the minutes of February 27th
and hearing none declared the said minutes approved.
At 6:40PM, Chairman John Harlander
arrived for the meeting.
Pursuant to due notice, at
6:43PM, Chairman John Harlander called the public hearing into
session on a request by Roger Dowell,
dba Rocky Ridge Outlet, 209 County Road 156, for a variance to
relax the front yard requirement of thirty (30) feet to erect a
free standing business sign in a C2 Zone. Mr.
Schneider noted that a proper notice was published in the
Stearns Morrison Enterprise on April 1st and no written comments
were received. Mr. Dowell appeared before the Commission to
inform the Commission that without the variance, the proposed
sign would extend beyond his curb and potentially be struck by a
semi-truck trailer or other similar delivery vehicles using the
loading dock area. Mr. Dowell noted that it is the same sign
that had been used at his former business which had been located
in the old industrial park at 14th Street and
Railroad Avenue. Mr. Dowell also noted that the height of the
sign is twenty feet and that the distance from his front
property line is nineteen (19) feet. Chairman John Harlander
closed the public hearing at 6:50 PM. After due discussion, a
motion was made by Joseph Wedel and seconded by Willie Seiler to
recommend to the Council that the request by Roger Dowell, dba
Rocky Ridge Outlet, 209 County Road 156, for a variance to relax
the front yard requirement of thirty (30) feet to erect a free
standing business sign in a C2 Zone be approved as per the
following findings:
-
Thirty (30) feet
front yard requirement be reduced to nineteen (19) feet.
-
Variance assures
sign will not be struck by motorized vehicles providing delivery
service to the building rear due to existing parking lot design.
-
No adverse impacts
to city facilities and services.
-
No impact to
utility easements.
All voted for the motion and it carried.
Mr. Dowell informed the Commission that he will
be installing a light shield or cover on each of the two
exterior security lights on both ends of his Rocky Ridge Outlet
building to direct the lighting downward to eliminate the
complaints the City has received regarding the lights being a
nuisance. Chairman John Harlander thanked Mr. Dowell for
correcting the issue.
The following were present for the meeting.
Mary Jo Glatzmaier, dba Albany Restaurant
Herb Eggert, Sandy Eggert, Joyce Thull, dba
Hillcrest Restaurant and Stubby Tavern
Robert Pauly, 141 4th Sreet
Don Dinndorf, 621 7th Street
Shawn Artley, Todd Enzer, dba Paul’s Par-A-Dice
Amy Sand, Sherry Schneider, dba Rookies Sports
Bar
Paul Wellenstein, dba Albany Golf Club
Ken Schmidt, dba Albany American Legion Club
Ken Eickhoff, Kathleen Eickhoff, dba Albany
Country Floral
Mr. Schneider informed the members
of the public present for the meeting that a week or so ago, Mr.
Artley appeared before the Council to request that his liquor
license describing his premises be amended to include an area
designated as a patio which is contiguous to his building for
patrons to consume alcohol and use this same area for smoking.
Mr. Schneider noted that the Council directed the Planning
Commission to invite all liquor and restaurant owners to a
meeting to discuss the issues related to outdoor consumption of
liquor and smoking in designated areas. Mr. Schneider noted
that over the past month or so, the Council has received
numerous complaints regarding cigarette butts being discarded or
tossed on the sidewalk/street and cigarette smoke entering
private businesses from those smokers who are forced to smoke
outside due to the new Freedom to Breathe laws (August 2007)
that apply to liquor and restaurant establishments. Mr.
Schneider also noted that the City can regulate the consumption
of liquor and smoking by imposing conditions that relate to:
fencing, screening, hours, days, months of operation, noise,
entertainment, minor access, patio size, placement, rubbish,
security, lighting, etc. including an ordinance that prohibits
all smoking on business patios, sidewalks or parking lots or
within a certain amount of feet from the entrance or air intake
of a building. Ms. Glatzmaier appeared before the Commission
to inform the Commission that she is not in favor of the request
by Paul’s Par-A-Dice to construct a patio in the rear of his
building that would allow for the consumption of alcohol. Mr.
Pauly noted that having resided next to the main street liquor
establishments for many years, he on several occasions picked up
discarded beer bottles tossed on his property including
cigarette butts on the street abutting his property. Mr. Greer
informed the public that there are two types of patios to be
considered, one being the consumption of alcohol and the other
only smoking, but the location of each establishment would have
to be taken into account if conditions are considered. Mr.
Stueve noted that he has spoken to his Patrol Officers and if
the Council would approve the consumption of alcohol on an
outside patio, his officers would have zero (0%) tolerance for
those patrons who wander beyond or outside the designated area
with beer bottles and drinks; whereby fines would be issued
immediately. Mr. Stueve noted that it will be very difficult
to police outside patios where alcohol is consumed and security
including noise during the summer months is an issue to be
considered. Mr. Stueve also noted that he has seen an increase
in the number of individuals consuming drinks outside liquor
establishments while smoking which is prohibited and encouraged
owners to alert patrons that drinks may not be taken outside
their building. Mr. Artley noted that he is not opposed to
the City placing conditions on outside patios where individuals
can consume alcohol and smoke, but encouraged the Commission to
contact other communities where this has been permitted for
years with very little impact to the adjacent property owners or
concerns for the police department. Chairman John Harlander,
with the consensus of the Commission, directed Mr. Schneider and
Mr. Stueve to research other nearby cities regarding outside
patios whether they be used for consumption of alcohol and/or
smoking.
Chairman John Harlander adjourned the meeting at
7:45 PM.
Tom Schneider
Clerk/Adm.
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