HomeMy WebLinkAboutPlanning Commission Minutes 02-06-2002Approved Minutes
City of Plymouth
Planning Commission Meeting
February 6, 2002
MEMBERS PRESENT: Vice Chairman Roger Berkowitz, Commissioners Karl Neset,
Peggy Larson, Jason Rohloff, Kendall Griffith, James Holmes, and David Gaither
MEMBERS ABSENT: None
STAFF PRESENT: Community Development Director Anne Hurlburt, Planning
Manager Barbara Senness, Senior Planners Shawn Drill and Marie Darling, Planner
Rebecca Stoen and Office Support Specialist Ranelle Gifford
1. CALL TO ORDER - 7:00 P.M.
2. OATH OF OFFICE
Director Hurlburt administered the Oath of Office to Planning Commissioners Kendall
Griffith and Jason Rohloff.
3 PUBLIC FORUM
4 APPROVAL OF AGENDA
5 APPROVAL OF MINUTES
MOTION by Commissioner Gaither, seconded by Commissioner Larson, to approve the
January 16, 2002 Planning Commission Minutes. Vote. 5 Ayes. MOTION approved.
Commissioners Rohloff and Griffith abstained)
6 CONSENT AGENDA
7 PUBLIC HEARINGS
A. RELIANCE DEVELOPMENT CO., LLP (20004)
Vice Chairman Berkowitz introduced the request by Reliance Development Co., LLP for a
conditional use permit amendment to allow 24 hour operation of the Super America
gas/convenience store located at 4325 Peony Lane.
Senior Planner Shawn Drill gave an overview of the January 29, 2002 staff report.
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Vice Chairman Berkowitz introduced the applicant Brian LaFreniere, Marathon Petroleum
representing Super America.
Mr. LaFreniere stated this is a common request and all of the conditional use permit
standards were met. He stated the impact would be minimal as the store is far enough
away from residential areas. Mr. LaFreniere stated the security system is state of the art
and operates 24 hours a day.
Vice Chairman Berkowitz opened and closed the public hearing, as no one was present to
speak on the item.
MOTION by Commissioner Neset, second by Commissioner Larson to approve the
request by Reliance Development Co., LLP for a conditional use permit amendment to
allow 24 hour operation of the Super America gas/convenience store located at 4325
Peony Lane. Roll Call Vote. 7 Ayes. MOTION approved unanimously.
B. RICHARD AND NANCY DECAMP (2001147)
Vice Chairman Berkowitz introduced the request by Richard and Nancy DeCamp for an
interim home occupation permit to operate a photography studio out of the home located
at 17945 -24th Avenue North.
Planner Rebecca Stoen gave an overview of the January 29, 2002 staff report.
Commissioner Neset asked about the procedure for the removal of a license in the event
the home is not used as agreed.
Planner Stoen stated it is granted for one year then renewed for an additional three years if
no complaints are reported.
Commissioner Rohloff asked how many licenses of this type have been issued.
Planning Manager Senness stated there are approximately six home occupations that
required interim home occupation permits.
Commissioner Rohloff asked if there have been any problems with the permits that have
been issued.
Planning Manager Senness stated no.
Commissioner Holmes asked if the sidewalk is existing or proposed.
Planner Stoen stated it is existing and the applicant would like to use the existing
sidewalk.
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Vice Chairman Berkowitz introduced the applicant Richard DeCamp, 17945 -
24th Avenue
North.
Mr. DeCamp stated the purpose of the request is to move their business to their home to
add more family time and be able to build equity in their business. He stated they work
with one client at a time, each client taking 1-2 hours. Mr. DeCamp stated due to the
amount of time spent with each client, only 5-6 clients are scheduled per day. He stated
they have a small child so they are taking the necessary measures to ensure safety issues,
such as traffic, are addressed with their clients. Mr. DeCamp stated they would not be
traveling to work so they will be decreasing the traffic flow. He stated their flyers would
state a warning to be aware of small children and park in their driveway. Mr. DeCamp
stated a large portion of their work is weddings, which are done at other locations. He
stated the studio would be located at the back of the home. Mr. DeCamp stated they feel
they can maintain a safe environment with this interim home occupation license and asked
for approval of their request.
Vice Chairman Berkowitz asked what the largest group would be. Mr. DeCamp stated
approximately 8 people if they were doing a family sitting.
Vice Chairman Berkowitz opened the Public Hearing.
Vice Chairman Berkowitz introduced Karin Dayton, 17930 24th Avenue North.
Ms. Dayton stated she is a neighbor of the DeCamps. Ms. Dayton stated her main
concern is the amount of added traffic that would be coming through the cul-de-sac. Ms.
Dayton stated the DeCamps rely on this business as their sole income which concerns her
that it might be more than 1 client at a time. Ms. Dayton asked if speed bumps have been
considered to slow the traffic.
Vice Chairman Berkowitz introduced Don Colpitts, 2255 County Road 101.
Mr. Colpitts stated he resides behind the DeCamps. Mr. Colpitts stated he does not
oppose this request but does have some concerns with the traffic level increasing in the
cul-de-sac. Mr. Colpitts stated it would be helpful if the DeCamps would communicate to
their clients the issues of child safety in a residential neighborhood. Mr. Colpitts stated
there have been problems in getting the school busses to come into the cul-de-sac because
they can't turn around. He stated if there are cars parking in the street, the school busses
would not be able to maneuver the cul-de-sac.
Vice Chairman Berkowitz introduced Dan Hagg 17940 -
24th Avenue North.
Mr. Haag stated he opposes any on -street parking. He stated this is the only concern he
has and supports the request.
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Vice Chairman Berkowitz closed the Public Hearing.
Vice Chairman Berkowitz asked the applicant to reiterate on how many clients per day
were anticipated.
Mr. DeCamp stated they spend a lot of time with their clients so they can't handle more
than 5 clients per day. He stated much of the work is done outside the studio so it is
realistic that they can support themselves on 5 clients per day. He stated their business is
low volume, high quality. Mr. DeCamp stated when working with small children, a parent
is driving one car. He stated if it is a family sitting, they ask the client to try to limit to 1
or 2 vehicles. He stated when working with high school students, they typically arrive
with their parents.
Vice Chairman Berkowitz asked City Engineer Quanbeck to expand on the possibility of
added traffic and the impacts.
City Engineer Quanbeck stated the street is residential and the number of additional cars
would equate to one additional home. He stated it is consistent with other local streets in
the area.
Vice Chairman Berkowitz asked about the possibility of a speed bump.
City Engineer Quanbeck stated the City has a moratorium on speed humps. He stated
speed bumps also have negative sides. He stated a traffic study would need to be done
before a speed bump would be considered.
Commissioner Gaither asked about the possibility of signage for children at play.
City Engineer Quanbeck stated a no outlet sign isn't common within a cul-de-sac. He
stated children at play signs are not used as the residents are expected to show awareness.
Commissioner Gaither asked if a no outlet sign would be a warranted because of the home
occupation and added traffic.
City Engineer Quanbeck stated it might but staff would have to view the site to see if there
was a need.
Commissioner Larson stated under the General Provisions of the Zoning Ordinance
Section 21145 no commodities shall be sold on the premises. Commissioner Larson asked
for a definition of "commodities".
Director Hurlburt stated the idea of commodities referred to retail sales of a particular
merchandise that would have to be delivered or picked up as the main part of the business.
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She stated the main objective of the business in this case is the service provided not
merchandise that can be purchased.
Vice Chairman Berkowitz asked if frames and albums would be allowed to be sold.
Director Hurlburt stated those items could be sold as it is not the main objective of the
business.
Commissioner Rohloff asked if the clients would be coming to the home twice, once for
the photo shoot and once to pick up the pictures.
Mr. DeCamp answered affirmatively. He stated they are looking into mailing the photos
or posting the images on a website to minimize the amount of trips to the neighborhood.
Commissioner Holmes stated the concerns of children had come up several times. He
asked how many kids are in the neighborhood and what their ages are. Ms. Dayton stated
there are approximately 14 to 16 kids under the age of eight.
Commissioner Holmes asked how many vehicles are present today. Mr. DeCamp stated
they own two cars and both are kept in the garage. Commissioner Holmes stated he saw a
boat at the site and asked the applicant if the boat would remain. Mr. DeCamp stated it
would stay where it is.
Vice Chairman Berkowitz asked for a review of the process of renewing a home
occupation license.
Director Hurlburt stated after one year staff reviews the license for any complaints and if
there are no complaints it is renewed for three years. Planning Manager Senness stated
the City follows up after one year and notifies the applicant of the renewal or of any
complaints.
Vice Chairman Berkowitz asked if it would take a complaint to stop the renewal process.
Planning Manager Senness answered affirmatively.
Commissioner Larson asked what the hours of operation were. Mr. DeCamp stated from
10:00 a.m. to 6:00 p.m. Commissioner Larson asked if there is a busy time of day. Mr.
DeCamp stated the first session of the day is usually a little busier with young kids.
MOTION by Commissioner Gaither seconded by Commissioner Larson to approve the
request by Richard and Nancy DeCamp for an interim home occupation permit to operate
a photography studio out of the home located at 17945 -
24th Avenue North with the
addition of City staff researching further signage for the cul-de-sac to alleviate any traffic
problems. Roll Call Vote. 7 Ayes. MOTION approved unanimously.
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February 6, 2002
Page 6
C. RYLAND HOMES (2001148)
Vice Chairman Berkowitz introduced the request by Ryland Homes for a rezoning,
preliminary plat and site plan for a 164 -unit townhome development to be known as
Townhomes at Nanterre for property located north of the intersection of Schmidt Lake
Road and west of Vicksburg Lane.
Senior Planner Marie Darling gave an overview of the January 28, 2002 staff report.
Commissioner Gaither asked if the property to the north had been purchased.
Senior Planner Darling stated the applicant has an option to purchase the land.
Vice Chairman Berkowitz introduced the applicant Chris Enger representing Ryland
Homes.
Mr. Enger stated Ryland Homes has a 7 year history in the twin cities. He stated they
provide homes and services. He stated The Townhomes at Nanterre are planned for a
maintenance free lifestyle within the $300,000 housing market. Mr. Enger stated he
concurs with the January 28, 2002 staff report and conditions. He stated they would
provide heavy landscaping and berming to minimize any visual impact. He stated the
neighborhood would have public sidewalks and trails. Mr. Enger stated the plan exceeds
the City's Tree Preservation Plan. He stated the townhomes are between 1,700 and 1,800
square feet with an additional 500 square feet of finished area in the lower level. Mr.
Enger stated the units would be valued between $275,000 and $300,000 with additional
options such as porches and decks.
Vice Chairman Berkowitz asked if Mr. Enger was in concurrence with the staff report and
findings. Mr. Enger answered affirmatively.
Commissioner Neset asked what measures were being taken to reduce the noise levels in
the units that are near the railroad tracks.
Mr. Enger stated he is not completely aware what the requirements are by the City. He
stated they have been working with the Minnesota Pollution Control Agency. He stated
the units are in excess of the 50 -foot setback requirement. Mr. Enger stated they would
use construction materials, which will lower the decibel rating by 25 to 30 decibels. Mr.
Enger stated Vicksburg Lane would have an elevated crossing over the railroad track. He
stated a train is typically in the 80 -decibel range.
Director Hurlburt stated the City is planning the elevated crossing at Schmidt Lake Road
in the next two years. She stated it has not been determined if a separate crossing will be
done with Vicksburg Lane.
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Commissioner Gaither asked if a bridge is an option for Vicksburg Lane. Director
Hurlburt stated it could go either way but has not been determined at this time.
Vice Chairman Berkowtiz asked if there are specific requirements by the City to use sound
proofing materials in units that are near the railroad tracks.
Senior Planner Darling stated the Zoning Ordinance requires a 50 -foot setback. She
stated additional construction materials are requirements listed in the resolution. Senior
Planner Darling stated this is consistent with the City's approach with other recent
developments.
Vice Chairman Berkowitz opened the Public Hearing.
Vice Chairman Berkowitz introduced Steve Gardner, 10717 -10th Avenue North.
Mr. Gardner stated the Environmental Quality Commission is working on some important
issues and doesn't feel the City should approve any development before the findings are
complete. He stated the development would add to the impervious surface coverage and
remove trees. Mr. Gardner stated the City paid $107,540 in 2001 to Maple Grove for
water because of a shortage of water in Plymouth. Mr. Gardner stated the shortage is due
to all of these developments increasing the impervious surface coverage. He stated
Plymouth uses so much water all of it cannot be treated which causes the water to have
many contaminants. He stated the developer should have to dig out where the lawn will
be and lay black dirt before sodding rather than laying sod on the clay. He stated the
developers plant replacement trees in clay and then the trees die within 2 years and are
never replaced. Mr. Gardner again stated the City should not approve any developments
until the Environmental Quality Commission completes their research.
Vice Chairman Berkowitz introduce Ted Sanders, 4985 Yuma Court North.
Mr. Sanders stated the additional traffic was a concern to him. He stated the majority of
the homes in the area are single family. Mr. Sanders stated the density is also a concern.
He stated he feels this is a great improvement from the last proposal, especially the change
from rental to owned units.. Mr. Sanders stated the landscaping and berming plan is good.
He stated he would like to see stucco on the buildings to remain consistent with the
existing homes. He stated there will be increased traffic on this road and is concerned
with 2-4 years of construction. Mr. Sanders suggested there be a requirement that
construction traffic could only enter from Vicksburg Lane.
Vice Chairman Berkowitz introduced Jon Benson, 5215 Vicksburg Lane.
Mr. Benson stated he lives north of the proposed project. He stated he is between the
project and the railroad tracks. Mr. Benson stated the water runs along the tracks then
back into the slough. Mr. Benson stated the City informed him the water runs under the
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railroad tracks on the north side. He stated there is no water on the north side of the
tracks. He stated they get flooded out every spring. Mr. Benson stated he spoke with
Darryl Johnson from the Engineering Department who investigated his concerns about the
existing drainage.
Vice Chairman Berkowitz introduced Maureen Modrack, 4950 Comstock Lane North.
Ms. Modrack stated the proposed area is a wetland area. She stated concerns with
drainage problems. She stated the wetlands around the development are designated as
high quality wetland areas. She stated the density is very high and water run off is high.
She stated the drainage issue needs to be addressed. Ms. Modrack stated the drainpipes
are maintained by the railroad. She indicated her concerns of the City making sure the
railroad does maintain these drainage pipes. Ms. Modrack stated concerns with the
integrity of the railroad tracks. She stated concerns with fire and safety issues. Ms.
Modrack stated the response time of rescue teams is not adequate due to traffic and
congestion. She stated the animals and plant life need to be protected.
Vice Chairman Berkowitz introduced Jerry Westby, 4952 Comstock Lane North.
Mr. Westby questioned when Schmidt Lake Road would be built over the railroad tracks.
He stated once this is done all the traffic from all of these developments will be feeding out
at once. He stated they need to do more traffic studies as the result of higher
concentrations of homes. He stated he would like to see an effort made to keep the roads
clean so they are not driving over clumps of mud, etc. Mr. Westby stated the noise levels
from the gun club also need to be addressed.
Vice Chairman Berkowitz introduced Jay Miller, 4982 Comstock Lane North.
Mr. Miller stated it looks like the Ryland Homes project appears to be a good transition
from the neighboring developments. He stated his main concern is water pressure. Mr.
Miller stated concerns with water pressure being less once these developments are in.
Vice Chairman Berkowitz closed the Public Hearing.
Director Hurlburt stated the concern about the City's water supply should be addressed.
She stated that last summer Plymouth cooperated with Maple Grove to augment the water
supply, noting that all water was treated for iron and manganese, but otherwise was
treated so that it is safe to drink.
City Engineer Quanbeck stated the City complies with the Minnesota Department of
Health requirements and testing. He stated the City complies with the Safe Drinking
Water Act. City Engineer Quanbeck stated the use of another city's water does not make
it unsafe. He stated the City mails a report to all water customers annually on drinking
water quality.
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Vice Chairman Berkowitz asked about the causes of water pressure problems.
City Engineer Quanbeck stated the water pressure is dependent on elevation. The
additional draw from the new development will not affect the existing homes. He stated
the City will be installing a ground storage facility for drinking water which would act
similar to a water tower. City Engineer Quanbeck stated the Capital Improvements
Program is slated to address low water pressure problems in several areas and come up
with resolutions.
Vice Chairman Berkowitz asked when this was going to be addressed. City Engineer
Quanbeck stated this year.
Vice Chairman Berkowitz asked about the clay content of local soils. Director Hurlburt
stated this comes up quite often. She stated it is not practical to replace all clay with black
dirt or sand. Director Hurlburt added proper grading methods are important, however the
Zoning Ordinance does not specifically say how much is to be done.
Mr. Enger stated 4 inches of topsoil would be added before sodding. Mr. Enger stated in
regards to tree plantings, they will over dig and replace with topsoil to increase the
survivability of landscaping.
Vice Chairman Berkowitz asked if some of the traffic issues could be addressed.
City Engineer Quanbeck stated that he anticipated the bridge over the tracks (on Schmidt
Lake Road) would be constructed in 2003, and at the same time a signal would be
installed at Vicksburg Lane and Schmidt Lake Road. He stated that Schmidt Lake Road
was designed to anticipate the traffic levels.
Senior Planner Darling stated in the Comprehensive Plan, the projected daily traffic
estimate was 5,600 cars per day for Schmidt Lake Road. Senior Planner Darling stated
there is no where in this area along Schmidt Lake Road that has an estimate of 20,000 cars
per day.
City Engineer Quanbeck stated until Schmidt Lake Road is bridged over the railroad the
volumes would be much higher on Vicksburg Lane. He stated in regards to the
construction traffic, it might be more dangerous to have them only access from Vicksburg
Lane.
Vice Chairman Berkowitz asked about the feasibility of stucco.
Mr. Enger stated they would be using maintenance free vinyl siding or brick in lieu of
stucco. He stated Ryland Homes does not like to use stucco with homeowners
associations as they advertise the units as maintenance free. He stated the preference is to
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use brick or stone with the maintenance free siding. Vice Chairman Berkowitz asked if
that had been reviewed by staff. Senior Planner Darling answered affirmatively.
Director Hurlburt stated the proposed building materials meet all of the codes and
requirements. Director Hurlburt stated the Zoning Ordinance does not require the
developer to match the surrounding homes.
Vice Chairman Berkowitz asked about the drainage issues.
City Engineer Quanbeck stated when the City considered the Comprehensive Plan, it
reviewed the northwest area for development. He stated one of the issues addressed was
the impact of surface water. He stated a study of the entire area was conducted. City
Engineer Quanbeck stated the flow pattern for the proposed development is to the north.
He stated there is a large drainage pipe under the railroad. He stated Senior Engineering
Technician Darryl Johnson did view the site recently. The development and additional
impervious surface area was reviewed and it was found that the wetland was anticipated to
increase by less than 1 '/z inches of water. He stated Senior Engineering Technician Darryl
Johnson indicated staff would continue to review the site but felt it would not cause a
large impact.
Vice Chairman Berkowitz asked about phosphorus levels in the water.
City Engineer Quanbeck stated the hydrologic study was conducted to determine the
impact of impervious surface coverage on water quality. He stated the study researched
what treatment standards would be required. He stated the City required 65%
phosphorous removed in this area which is a higher standard than what is required
elsewhere in the City.
Vice Chairman Berkowitz about fire protection concerns that were brought up.
Senior Planner Darling stated any fire call in this area between 6 a.m. and 9 p.m. would be
responded to within 6 minutes. She stated when traffic is lower, it would be under 6
minutes. Senior Planner Darling stated beyond that time period and on the weekend, it
would be closer to a 12 -minute response time.
Director Hurlburt stated 6 minutes is the average response time for the City. She stated
the City's goal for the whole City is 8 minutes.
Mr. Enger stated the most important thing for fire safety issues was sprinkler systems. He
stated Ryland homes is required by the City of Plymouth to incorporate sprinkler systems
in each unit.
Vice Chairman Berkowitz asked if the noise from the gun club had been addressed.
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Director Hurlburt stated the closest unit would be 1/4 mile away.
Senior Planner Darling stated the gun club is a considerable distance away from the
proposed development. She stated homeowners may hear it but it will not interfere with
daily activities. Senior Planner Darling stated when staff reviewed the plans for the
Harvest Hills development, extra construction materials were a requirement of the
resolution, but this was not required of this development because of the distance from the
gun club to the units.
Vice Chairman Berkowitz asked about the requirements for street cleaning.
City Engineer Quanbeck stated the City has an Erosion Control Ordinance that is enforced
by staff, verifying silt fences are in place. He stated a financial guarantee is also supplied
by the developer to ensure the proper erosion control measures are taken. He stated a
street sweeping contract must be submitted to ensure the streets are kept clean.
Vice Chairman Berkowitz asked where complaints are directed in regards to erosion
control problems. City Engineer Quanbeck stated after hour complaints should be
directed to the Police Department and a Community Service Officer will respond. He
stated during business hours calls can be directed to the Engineering Department.
MOTION by Commissioner Gaither seconded by Commissioner Neset to approve the
request by Ryland Homes for a rezoning for a 164 -unit townhome development to be
known as Townhomes at Nanterre for property located north of the intersection of
Schmidt Lake Road and west of Vicksburg Lane. Roll Call Vote. 7 Ayes. MOTION
approved unanimously.
MOTION by Commissioner Gaither seconded by Commissioner Larson to approve the
request by Ryland Homes for a preliminary plat for a 164 -unit townhome development to
be known as Townhomes at Nanterre. Roll Call Vote. 7 Ayes. MOTION approved
unanimously.
MOTION by Commissioner Gaither seconded by Commissioner Holmes to approve the
request by Ryland Homes for a site plan for a 164 -unit townhome development to be
known as Townhomes at Nanterre. Roll Call Vote. 7 Ayes. MOTION approved
unanimously.
Vice Chairman Berkowitz stated a letter from Canadian Pacific Railway had been
submitted and is part of the Public Record.
D. NORTH AMERICAN PROPERTIES (2002001)
Vice Chairman Berkowitz introduced the request by North American Properties for a
planned unit development amendment for The Reserve to allow one of the four approved
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apartment buildings to have a front yard setback of 24 feet where 25 feet is the approved
setback for property located at 5280 Annapolis Lane North.
Planner Rebecca Stoen gave an overview of the January 28, 2002 staff report.
Vice Chairman Berkowitz introduced the applicant Mr. Charles Smoot.
Mr. Smoot stated he concurs with the January 28, 2002 staff report and findings.
Vice Chairman Berkowitz opened and closed the Public Hearing, as no one was present to
speak on the item.
MOTION by Commissioner Larson seconded by Commissioner Gaither to approve the
request by North American Properties for a planned unit development amendment for The
Reserve to allow one of the four approved apartment buildings to have a front yard
setback of 24 feet where 25 feet is the approved setback for property located at 5280
Annapolis Lane North. Roll Call Vote. 7 Ayes. MOTION approved unanimously.
8 NEW BUSINESS
A. ELECTION OF PLANNING COMMISSION CHAIR AND VICE CHAIR
FOR 2002
Commissioner Holmes nominated Commissioner Berkowitz, seconded by Commissioner
Griffith for Chairman. Commissioner Neset nominated Commissioner Gaither, seconded
by Commissioner Larson for Chairman. Ballot Vote. Commissioners Gaither, Larson and
Neset voted for Commissioner Gaither. Commissioners Berkowitz, Griffith, Holmes and
Rohloff voted for Commissioner Berkowitz. Commissioner Berkowitz voted as Chairman
by majority vote.
Commissioner Rohloff nominated Commissioner Gaither seconded by Holmes for Vice
Chairman. Commissioner Gaither nominated Commissioner Neset, seconded by
Commissioner Berkowitz for Vice Chairman. Commissioner Rohloff withdrew his
nomination. Vote. 7 Ayes. Commissioner Carl Neset voted as Vice Chairman by majority
vote.
B. APPOINTMENT OF PLANNING COMMISSIONERS TO SERVE AS
LIAISON TO PARK AND RECREATION ADVISORY COMMITTEE
AND THE HOUSING AND REDEVELOPMENT AUTHORITY
Commissioner Neset will remain as the liaison to Park and Recreation. Commissioner
Larson will be liaison to the Housing and Redevelopment Authority for a one year
appointment.
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February 6, 2002
Page 13
C. ACCEPT PLANNING COMMISSION 2001 ANNUAL REPORT
MOTION by Vice Chairman Berkowitz, seconded by Commissioner Larson to forward
the annual report to the City Council. Vote. 7 Ayes. MOTION approved unanimously.
9 ADJOURNMENT
MOTION by Commissioner Larson, seconded by Commissioner Gaither, to adjourn.
Vote. 7 Ayes. MOTION approved unanimously. The meeting adjourned at 9:50 p.m.