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 PLANNING COMMISSION MEETING, JANUARY 25, 2007

                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 Chairman John Harlander at 6:30 o’clock in the evening on Thursday, January 25, 2007 in the Council Room at 400 Railroad Avenue for the said City.

                Planning Commission members present for the meeting were: John Harlander, Todd Horton, Joseph Wedel, Joseph Gilk, and Will Seiler.   Councilor John Greer , Planning Commission Liaison, was absent for the meeting.  

                Chairman John Harlander called for any additions or corrections to the minutes of December 4th and hearing none declared the said minutes approved.

                Mr. Schneider called for a motion to appoint a Chair for 2007.  After due discussion, a motion was made by Joseph Gilk and seconded by Todd Horton to appoint John Harlander as Chair for 2007.  All voted for the motion and it carried.

                A motion was made by John Harlander and seconded by Joseph Gilk to appoint Todd Horton as Vice Chair for 2007.  All voted for the motion and it carried.

                Ron Utsch, Manager of the Shamrock Mobile Home Park, and Rich MacGillivray, Area Manager for Asset Development Group, Inc., owners of the Shamrock Mobile Home Park, were present for the meeting.

                Pursuant to due notice, at 6:32 PM, Chairman John Harlander called the public hearing into session on a request by the Planning Commission to consider an amendment to Ordinance 80.11 (Signs) relating to violations and penalties.  Mr. Schneider noted that a proper notice was published in the Stearns Morrison Enterprise on January 9th and no written comments were received. Mr. Schneider noted that over the past year, notices of violation have been mailed to a few businesses that have continued to erect off premise advertising signs at the 4-way stop ( Railroad Avenue and 8th Street intersection) and south of this intersection which are not permitted.  Mr. Schneider noted that the current Ordinance 80.11, Subd. 24 does not state a time period for removal of an illegal sign and recommended that an amendment be approved which would require the land owner to remove the illegal sign within two days after receiving written notice. Mr. Horton noted that there may be times when the owner of the property is unaware of someone erecting a sign being they may not reside in the community and recommends that the individual erecting the sign be mailed a notice too.  Mr. Schneider noted that off premises signs are only located along Interstate 94 and business owners may not erect off premises signage in any other location. Chairman John Harlander closed the public hearing at 6:38 PM . After due discussion, a motion was made by Will Seiler and seconded by Joseph Gilk to recommend to the Council that the amendment to Ordinance 80.11, Subd. 24 be approved with the addition that the sign owner and/or property owner be guilty of a violation and mailed notice.  All voted for the motion and it carried.  The full text of the aforesaid amendment is on file at the office of the City Clerk/Administrator for public inspection during regular office hours. 

Pursuant to due notice, at 6:39 PM , Chairman John Harlander called the public hearing into session on a request by the Planning Commission to consider an amendment to Ordinance 65, Housing, Maintenance and Occupancy.  Mr. Schneider noted that a proper notice was published in the Stearns Morrison Enterprise on January 9th and no written comments were received.  Mr. Schneider noted that the previous text of Section 65.08, Subd. 1 was not descriptive enough to determine how many individuals were permitted within each habitable room.   Chairman John Harlander closed the public hearing at 6:43 PM .  After due discussion, a motion was made by Will Seiler and seconded by Todd Horton to recommend to the Council that the said amendment to Ordinance 65 be approved.  All voted for the motion and it carried.  The full text of the aforesaid amendment is on file at the office of the City Clerk/Administrator for public inspection during regular office hours. 

Pursuant to due notice, at 6:44 PM , Chairman John Harlander called the public hearing into session on a request by the Planning Commission to consider Ordinance 66, the regulation of Building Moves in and out of the City limits.  Mr. Schneider noted that a proper notice was published in the Stearns Morrison Enterprise on January 9th and no written comments were received.   Mr. Schneider informed the Commission that the purpose of this proposed Ordinance is to protect the health, safety, and wellness of the public and property within in the City.    Mr. Schneider noted that this Ordinance will prevent dilapidated buildings or structures from being moved into residential, commercial, or industrial areas and will require the mover to be licensed by the State, bonded, and insured.  Mr. MacGillivray appeared before the Commission to note that all movers hired by their firm are licensed by the State, travel route approved by the State, and appropriate insurance provided before any manufactured homes are moved into the Shamrock Mobile Home Park which is heavily regulated by the State.   Mr. MacGillivray noted that over the past fifteen years or so, only three or four mobile homes have been moved in or out of their Park.   Mr. MacGillivray also noted that the proposed language to limit the movement of mobile homes that are seven years of age or older is a violation of State Statute and Minnesota Chapter 1350 regulates these homes.   Mr. MacGillivray informed the Commission that they recently re-paved the Park with new bituminous and is not opposed to the proposed Ordinance other than the age of the mobile home should be removed.   Mr. Schneider noted that this Ordinance also requires a public hearing and mailed notice to abutting property owners of such a move with a fee paid to the City.  Mr. Schneider also noted that all utility companies, public works, police and fire departments are given notice depicting the exact route, number of days, mover, etc. to assure a “safe” move.  Mr. Schneider also noted that by adopting this ordinance, it would discourage property owners from moving in buildings or structures that are dilapidated in nature or less appealing than existing buildings or structures and promotes new construction for the integrity of the buildings in the City.  Chairman John Harlander noted that the permit fee would be $225.00; the same as other special requests that are presented before the Commission which does not hold regularly scheduled meetings.  Chairman John Harlander closed the public hearing at 6:55 PM .  After due discussion, a motion was made by Will Seiler and seconded by Joseph Gilk to recommend to the Council that Ordinance 66, the regulation of Building Moves in and out of the City limits be approved with the text that required a moving permit for manufactured homes seven years or older be deleted.   All voted for the motion and it carried.

Mr. Schneider presented to the Commission the following building permit information:

Year       New Homes           Value               # other Permits         Total value ALL Permits

2001           25            $2,552,000                              80                                            $5,456,600

2002           33            $3,697,900                              60                                            $6,929,297

2003           44            $4,790,000                              86                                            $5,660,482

2004           49            $5,553,300                              139                                          $7,343,995

2005           27            $4,017,300                              95                                            $8,450,259

2006           28            $4,157,300                              91                                            $9,414,608 *

                                                                                *includes $4.2 million Water Treatment Plant

               Mr. Schneider presented to the Commission pictures of a Grain Bin that can be used for the purpose of storing corn for corn burners which are becoming an alternative heating source for property owners.  Mr. Schneider recommended that the Commission consider a Zoning Ordinance amendment that would prohibit grain bins as an accessory structure.   Mr. Schneider noted that currently, accessory structures 120 square feet or less only require a Zoning Permit and these grain bins are only 16 square feet or so at the base which does present a problem if erected in residential areas for neighbors.   Mr. Gilk noted that they would be permitted if enclosed and enclosure attached to a garage and/or house.  Chairman John Harlander directed the City Clerk/Administrator to set a public hearing to consider adoption of a Zoning Ordinance amendment.

                Mr. Schneider informed the Commission that the Zoning Ordinance permits off premises signs (Billboards) within 100 feet of Interstate 94.   Mr. Schneider noted that the northeastern boundary of the Industrial Park abuts Stearns County Highway No. 156 which in turn abuts Interstate 94 and that the distance from the Industrial Park property ( Lot 3, Block 5) and Interstate 94 is greater than 100 feet.  Mr. Schneider informed the Commission that Roger Dowell, the owner of the Industrial Park has questioned whether or not the Billboards would be permitted on Lot 3, Block 5 being the area is considered to be all right of way between the said lot and Interstate 94.   Chairman John Harlander, with the consensus of the Commission, directed the City Clerk/Administrator to inform Mr. Dowell that he will need to complete a Special Request form for a Zoning Ordinance amendment which said request would be considered at a future Planning Commission meeting.

                Mr. Schneider also informed the Commission that several years ago, the Stearns County Highway Department erected several off premises signs at the intersection of Stearns County Highway No. 10 and No. 41 for various businesses.   Mr. Schneider noted that the businesses, whether City or Township, pay an annual fee of $800 for the sign, but questioned if the City should allow any further signs in this area or any other areas within in the City where there are County Highway designations which end up to be large clusters of signage.  Chairman John Harlander, with the consensus of the Commission, directed the City Clerk/Administrator to meet with a representative from the Stearns County Highway Department informing them not to allow any additional off premises signs at the intersection of Highway No. 10 and No. 41 including any other County Highways located within the City. 

Chairman John Harlander adjourned the meeting at 7:20 PM .

Tom Schneider

Clerk/Adm.

 
 

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