HomeMy WebLinkAboutPlanning Commission Minutes 08-25-1999Approved Minutes
City of Plymouth
Planning Commission Meeting
August 25, 1999
MEMBERS PRESENT: Chairman Mike Stulberg, Commissioners Allen Ribbe, John
Stoebner, Kapila Bobra and Sarah Reinhardt
MEMBERS ABSENT: Commissioners Roger Berkowitz and Bob Stein
STAFF PRESENT: Community Development Director Anne Hurlburt, Planning
Supervisor Barbara Senness, Planners Kendra Lindahl, John Rask and Shawn Drill, City
Engineer Dan Faulkner, and Clerical Supervisor Denise Hutt
4 Approval of Minutes
MOTION by Commissioner Bobra, seconded by Commissioner Reinhardt to approve
the August 11, 1999 Planning Commission Meeting Minutes. Vote. 3 Ayes. MOTION
approved unanimously. (Commissioners Ribbe and Stoebner abstained.)
5 Consent Agenda
A. ROBERT AND JULIE FERN (99043)
MOTION by Commissioner Ribbe, seconded by Commissioner Bobra recommending
approval of variances for Robert and Julie Fern for property located at 15130
9th Avenue
North. Vote. 5 Ayes. MOTION approved unanimously.
6 Public Hearings
A ATS & R ARCHITECTS (99052)
Chairman Stulberg introduced the request by ATS & R Architects for a conditional use
permit for an eight foot high security fence around the perimeter of the Wayzata High
School stadium, a variance for an accessory structure, and sign variances for the stadium
complex located at 4955 Peony Lane North.
Planner Lindahl gave an overview of the August 18, 1999 staff report.
Commissioner Reinhardt asked for a history of the sign ordinance pertaining to wall
signage. She stated that the limits on wall signage seem to imply that wall signage is less
desirable than other types of signage. Planner Lindahl stated that the sign ordinance was
updated in 1998. She stated that signage on the rear of buildings, signage at different
elevations, and overall appearance were part of the reasoning for limiting the amount of
signage. Director Hurlburt stated that wall signs are not discriminated against; we have
limits on all signs.
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Chairman Stulberg introduced Mike Swanson. Mr. Swanson stated he was available to
questions.
Commissioner Reinhardt asked if the school was proposing to install any barb wire on the
fence to prevent students from climbing over. Mr. Swanson stated that no barb wire is
proposed.
Commissioner Reinhardt asked if the school anticipates problems with kids congregating
in the woods and hopping the fence. Mr. Swanson stated that the area behind the
bleachers is secured and the road will be closed off. School staff will supervise the
bleacher areas.
Chairman Stulberg opened and closed the public hearing as there was no one present to
speak on the issue.
MOTION by Commissioner Ribbe, seconded by Commissioner Stoebner recommending
approval of a conditional use permit and variances for Wayzata High School stadium
located at 4955 Peony Lane North. Roll Call Vote. 5 Ayes. MOTION approved
unanimously.
B BEAUTIFUL SAVIOR LUTHERAN CHURCH (99061)
Chairman Stulberg introduced the request by Beautiful Savior Lutheran Church for a
conditional use permit and site plan amendment for a daycare facility at Beautiful Savior
Lutheran Church located at 5005 Northwest Boulevard.
Planner Lindahl gave an overview of the August 18, 1999 staff report.
Chairman Stulberg introduced Bill Johnson, the petitioner.
Mr. Johnson stated that he concurs with the staff report.
Chairman Stulberg opened and closed the public hearing as there was no one present to
speak on the issue.
MOTION by Commissioner Reinhardt, seconded by Commissioner Ribbe
recommending approval of a site plan amendment and conditional use permit for
Precious Corner preschool at Beautiful Savior Lutheran Church at 5005 Northwest
Boulevard. Roll Call Vote. 5 Ayes. MOTION approved unanimously.
C GLASS SERVICE CO. INC. (99065)
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Chairman Stulberg introduced the request by Glass Service Co. Inc. for a conditional use
permit, site plan amendment and variance for expansion of the building to include quick
lube and glass repair services at the Wave Car Wash located at 9900 Rockford Road.
Planner Lindahl gave an overview of the August 18, 1999 staff report.
Commissioner Reinhardt asked what is meant by "limited retail sales" as a condition in
the conditional use permit resolution. Planner Lindahl stated that the facility would not
be allowed to sell cases of pop or bags of water softener pellets in the front of the
building. However, a pop machine would be permitted and the applicant could sell air
fresheners and other similar accessories. Director Hurlburt stated that whatever is usual
and customary to the business can be sold, but for example, they could not start selling T-
shirts.
Chairman Stulberg questioned whether there was room on the property to enlarge the
proposed water treatment pond. Planner Lindahl stated that there is adequate space for a
larger pond and the City did get a revised plan enlarging the pond in the same vicinity.
Chairman Stulberg stated that Lost Creek should be looked at sometime to remove it
from the shoreland district.
Director Hurlburt stated that the City was hoping that the DNR would eliminate Lost
Creek, but it looks like the City will need to take the action, which should be sometime
this fall.
Chairman Stulberg introduced Linda Hanson -Buhl, the petitioner. Ms. Buhl thinks the
plan will work well for everyone. She stated that they were surprised that they needed a
second fire hydrant, as they were originally told they would only need one. Director
Hurlburt stated that staff will take another look at the requirement before the item goes to
the City Council to ensure that it is indeed required.
Chairman Stulberg opened and closed the public hearing as there was no one present to
speak on the issue.
MOTION by Chairman Stulberg, seconded by Commissioner Stoebner recommending
approval of a site plan amendment, conditional use permit and variance for property
located at 9900 Rockford Road. Roll Call Vote. 5 Ayes. MOTION approved
unanimously.
D MCCARTHY CONSTRUCTION (99074)
Chairman Stulberg introduced the request by McCarthy Construction for a conditional
use permit to exceed 50 percent office use at the Banner Engineering facility located at
9714 -10th Avenue North.
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Planner Drill gave an overview of the August 18, 1999 staff report.
Chairman Stulberg introduced Dave McCarthy, the petitioner. Mr. McCarthy stated that
he concurs with the staff report and resolution.
Chairman Stulberg opened and closed the public hearing as there was no one present to
speak on the matter.
MOTION by Commissioner Bobra, seconded by Commissioner Ribbe recommending
approval of a conditional use permit for McCarthy Construction for property located at
9714 -10th Avenue North. Roll Call Vote. 5 Ayes. MOTION approved unanimously.
7 NEW BUSINESS
A DAVID AND ALLA VAYNBERG (99076)
Chairman Stulberg introduced the request by David and Alla Vaynberg for a variance for
a three -season porch for property located at 10710
34th Avenue North.
Planner Lindahl gave an overview of the August 18, 1999 staff report.
Commissioner Stoebner asked if the property layout is unusual. Planner Lindahl replied
the location of the home and the heavily wooded lot do create a unique circumstance.
Commissioner Reinhardt asked what prohibited this application from being
administratively approved. Planner Lindahl replied that the variance may be
administratively approved if it is within 75% of the ordinance standards. This request
exceeds that standard.
Chairman Stulberg introduced David Vaynberg, the petitioner. Mr. Vaynberg stated that
he would be available for questions.
Commissioner Reinhardt asked Mr. Vaynberg how he came to learn that a permit was
required. Mr. Vaynberg stated that he came to City Hall on his own to apply for a
building permit after he had already started construction. Director Hurlburt asked if Mr.
Vaynberg is doing the work himself, or if he hired a contractor. Mr. Vaynberg stated that
he is constructing the porch. Planner Lindahl stated that the applicant is working on
obtaining a contractor's license and during the course of his homework, he found out that
a building permit was probably required for the work he was doing, so he came into City
Hall at that time.
Chairman Stulberg stated that if the applicant had come into City Hall first to inquire
about a permit, he may have found out that the porch could have been turned and a
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variance may not have been required. Mr. Vaynberg agreed, but stated that he was trying
to provide a more usable space without removing any of the large trees in the rear yard.
Director Hurlburt asked if the applicant is building the deck around the existing tree. Mr.
Vaynberg replied affirmatively.
Commissioner Reinhardt stated that it seems like the situation was a self-created
hardship, although after he discovered that he may need a permit, he did do the right
thing and come in and apply for one. Chairman Stulberg concurred.
Commissioner Stoebner stated that a shallow rear yard coupled with the tree creates the
hardship.
Commissioner Bobra stated that if it isn't a problem for the surrounding neighbors, then
the proposal should be approved.
Commissioner Ribbe stated that no surrounding property will be constricted or obstructed
in any way from the proposal, so there is no harm in approving the application.
Commissioner Stoebner noted that the requested variance barely exceeds what could
have been administratively approved.
MOTION by Commissioner Stoebner, seconded by Commissioner Ribbe recommending
approval of a variance to allow a 17 -foot rear yard setback for David Vaynberg for
property located at 10710 34th Avenue North.
Commissioner Reinhardt stated that she would vote in favor of the motion, as the City
shouldn't require the applicant to tear it down, but she has a moral problem with the self-
created hardship.
Chairman Stulberg stated that he's not convinced that a hardship exists, but doesn't think
the applicant should be required to tear it down. He stated that some other outcome
might have been possible, had the applicant applied for a permit before construction took
place.
Vote. 4 Ayes. MOTION approved on a 4-1 Vote. (Chairman Stulberg voted Nay.)
B HANS HAGEN HOMES, INC. (99077) —Second Meeting
Chairman Stulberg introduced the request by Hans Hagen Homes, Inc. for a planned unit
development plan amendment to 1) increase the size of the proposed daycare center in
Plymouth Station" from the approved 6,030 square feet to 8,632 square feet and, 2)
revise the site plan accordingly, for property located northwest of the intersection of
Medina Road and Dunkirk Lane.
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Planner Rask gave an overview of the August 19, 1999 staff report.
Chairman Stulberg introduced Hans Hagen, the petitioner. Mr. Hagen stated he is
available for questions.
Commissioner Reinhardt asked how many students are proposed with this daycare
facility versus the previous approved daycare facility. Planner Rask stated that the
number of proposed students is 160 versus 130 students with the previously approved
daycare facility.
MOTION by Commissioner Reinhardt, seconded by Commissioner Stoebner
recommending approval of a PUD general plan amendment for Hans Hagen Homes to
increase the size of the daycare building for Plymouth Station located south of Highway
55, north of Medina Road, and east of County Road 24. Vote. 5 Ayes. MOTION
approved unanimously.
MOTION by Commissioner Reinhardt, seconded by Commissioner Bobra
recommending approval of an ordinance amending Chapter 21 of the City Code to amend
Section 21655.18 for PUD 91-1 (Plymouth Station) amendment for Lot 1, Block 1 and
Outlot A Plymouth Station Addition and the Findings of Fact for amending the zoning
ordinance text for the Plymouth Station PUD located south of Highway 55, north of
Medina Road and East of County Road 24. Vote. 5 Ayes. MOTION approved
unanimously.
C SKYLINE DESIGN (99078)
Chairman Stulberg introduced the request by Skyline Design for variances to construct a
three -season room addition for property located at 1040 Zanzibar Lane North.
Planner Rask gave an overview of the August 18, 1999 staff report.
Chairman Stulberg introduced Ron Splett, the petitioner. Mr. Splett stated that the
association guidelines keep within the minor variance guidelines, but the property owner
would need a 19 -foot rear yard setback which requires a variance. He stated that there is
a lot of room for water runoff so the impervious surface shouldn't be a concern.
Chairman Stulberg asked if the porch could be moved to the northeast. Mr. Splett replied
affirmatively. Chairman Stulberg asked how far it could be moved without requiring a
variance. Planner Rask replied that it couldn't be moved much. He stated that the
property owner has an existing sliding glass door to the patio that they would like to
continue to use. Mr. Splett stated that moving it would basically put it right up to the
fence. Chairman Stulberg asked about the setback along the common lot line. Planner
Rask said that there isn't any setback from the common lot line.
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MOTION by Commissioner Reinhardt, seconded by Commissioner Stoebner
recommending approval of a rear yard setback and shoreland impervious surface
coverage variances to allow construction of a home addition for Ron Splett for property
located at 1040 Zanzibar Lane North.
Chairman Stulberg stated that he will support this proposal, unlike the previous
application heard at the meeting, because he doesn't think that the addition could be
moved, as was the case with the previous application.
Vote. 5 Ayes. MOTION approved unanimously.
Chairman Stulberg called a recess at 8:25 p.m. and reconvened the meeting at 8:35 p.m.
D SUBURBAN HENNEPIN REGIONAL PARK DISTRICT (99009)
Chairman Stulberg introduced the request by Suburban Hennepin Regional Park District
for consideration and review of an Environmental Assessment Worksheet (EAW) for a
proposed golf course and other recreational facilities on the 148.9 acre Eagle Lake
Regional Park property located in the City of Plymouth north of County Road 10
approximately 0.75 miles west of Highway 169 North.
Planner Rask gave an overview of the August 18, 1999 staff report.
Chairman Stulberg introduced Margie Ostlund from Hennepin Parks. Ms. Ostlund stated
that the proposed site was approved for regional park purposes in 1978. She explained
that they have two categories for their parks, 1) park reserve which has a minimum of
1,000 acres, and 80% of the land has to be maintained in a natural setting and 20% may
be for active recreational use; and 2) regional park which are smaller tracts of land (200
acres) used for active recreation uses. Examples of regional parks in the area are French
Park in Plymouth and Fish Lake Park in Maple Grove. Ms. Ostlund stated that in 1997,
the Hennepin Parks Board started an update of the master plan. She said that there were a
number of alternatives and ideas for this land, and that they didn't want to duplicate
activities from Fish Lake and French Park. The master plan specifically stated the site
could be used for an enterprise facility such as a golf learning center. Based on the
master plan, a conceptual plan was prepared last June. Ms. Ostlund stated that Phase II
of the project will occur in the City of Maple Grove. She said that the Hennepin Parks
Board is looking at a paved trail connection off of
63rd Avenue in Maple Grove which is
to continue through the golf facilities and hook up with the City of Plymouth trails for
biking and walking purposes.
Ms. Ostlund stated that the plan contains a 40 -station lighted driving range, golf practice
area, pitch and putt course, year-round visitor center, maintenance facility and a par 31
executive course, four -season picnic shelter and a non -paved hiking trail around the
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executive golf course. During the winter months, the site will have a sliding hill,
snowshoe and cross country ski trails.
Ms. Ostlund stated that Hennepin Parks' mission is to promote environmental
stewardship by protecting the environment and to provide outdoor recreation and
activities. She said that they are confident that they are fulfilling their mission while
providing a great resource to the public.
Commissioner Bobra asked how the facility costs will compare to other centers. Ms.
Ostlund stated that the fees have not been set, but golf fees at Baker National run $24.00
to $28.00 versus $75.00 at Rush Creek Golf Course. The pitch and putt area for youth
should run about $4.00, and the executive between $7.00 and $8.00 a spot. She said that
they are finding a great demand for learning centers, with most existing facilities having
two to three people deep waiting.
Chairman Stulberg introduced Robert Blomquist of 10845 57th Avenue North. Mr.
Blomquist stated that he is concerned with the level of the lighting and traffic. He stated
that he would like a better explanation of the projected traffic patterns. He stated that he
is concerned with additional traffic on Zachary Lane since there is only one outlet, and
also with general traffic on Bass Lake Road. He asked how late the park will remain
open.
Chairman Stulberg introduced Deborah Cole of 10825
57th Avenue North. Ms. Cole
stated that she is pleased with all Hennepin Park facilities. She stated that she is
concerned with the increase of traffic, light, trash and people to the area. She said that
there are many large old trees on the site, and the pictures presented during the
presentation were deceiving and didn't reflect the actual trees on the site. She stated that
she is concerned with the increase of noise after dark and the lighting from the facility, as
most of her windows face the proposed site. She stated that the project decreases the
peaceful atmosphere of the area, and would prefer the area be designated a wildlife
preserve. Ms. Cole asked where the pesticide building will be located.
Chairman Stulberg introduced Deni Coyne of 10835
57th Avenue North. Ms. Coyne
stated that she is concerned with the type of lighting that will be used. She asked about
the anticipated increase in traffic on Zachary Lane, and the hours of operation.
Additionally, she wanted to know what kind of protection the park has as the facility will
draw a lot of youth. Finally, Ms. Coyne asked if the gates will be closed when the park
closes.
Chairman Stulberg introduced Charles Meyer of 3925 Yorktown Lane North. Mr. Meyer
stated that he is concerned with the impact of the project on the neighborhood. He said
that he is concerned with the overall removal of trees from the site. Mr. Meyer stated that
economics is a driving force behind the project and he questions whether that is
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appropriate. He asked if the area really needs another golf course and stated that the
money should be used for something else recreational.
Chairman Stulberg introduced Ken Wendinger of 5465 Orleans Lane North #1. Mr.
Wendinger stated that surveys have shown more people want open space for relaxation,
and he agrees with everything but the golf course. Mr. Wendinger stated that the site
abuts numerous apartments near Eagle Lake and we shouldn't be providing a
playground" for a small number of residents. Mr. Wendinger stated that the quality of
the site will be destroyed for a large majority of residents. Mr. Wendinger stated that the
Sierra Club and three chapters of the Audobon Society oppose the project. Mr.
Wendinger said that he has petitions and letters from several hundred people who also
opposed to the project when it was considered by Hennepin Parks.
Chairman Stulberg introduced William Gimble of 5405 Orleans Lane North #1. Mr.
Gimble commented that he is not a golfer and that he is against the proposal. He stated
that he has a friend that works in golf course maintenance and stated that whatever
measures are required to keep the course green will be used, and there is no policing of
the maintenance procedures. Mr. Gimble stated that the pitch and putt and the driving
range for the youth are a good idea. Mr. Gimble said that there are 18 golf courses in a
10 -mile radius and that the City doesn't need another one. Mr. Gimble stated that he
can't see why the trees should be taken down and the area ruined for a golf course.
Chairman Stulberg introduced James Krause of 6100 Forestview Lane. Mr. Krause
stated that he has seen the impact on the habitat from other developments such as Boulder
Ridge, but is not concerned with the park, as most of the impact has already occurred.
Mr. Krause stated that he is in favor of the proposal. He said that it is difficult to get on
any of the local golf courses because they are so busy. He stated that the New Hope Golf
Course has a lot of senior leagues and doesn't cater to beginners or youth. Mr. Krause
said that the pitch and putt and driving range would certainly be useful and good overall
for the community.
Pertaining to lighting issues, Planner Rask stated that the zoning ordinance limits lighting
to .5 foot candle at the centerline of the street or property line. He said that the zoning
ordinance prohibits glare from direct light, and that the lighting plan will be reviewed as
part of the conditional use permit. Planner Rask stated that the lighting plan will be
available for public review before the public hearing. Planning Supervisor Senness
commented that where lighting is an issue, staff will ask what type of fixture will be used.
Ms. Ostlund stated that Hennepin Parks has been in communication with City staff, and
has hired a lighting contractor who is looking at some new light fixtures. She stated that
the pitch and putt area will have similar lighting to the ski area at French Park.
In response to other questions and issues raised, Ms. Ostlund stated that the park would
be open until 11:00 p.m. She said that they are estimating 326 daily trips, with 90% of
the traffic on Bass Lake Road and 10% on Zachary Lane. She said that they are limited
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by the number of people that can play golf at one time, so the traffic is not much different
on weekends or evenings. She said that there shouldn't be a mass number of people at
one time and the impact to the roads would be small. Ms. Ostlund stated that the
maintenance crews are at the facility at 5:30 a.m. and generally open between 6:30 a.m.
to 7:00 a.m., but they know that they need to comply with the noise ordinance. Planning
Supervisor Senness stated that there are some activities from 10:00 p.m. to 7:00 a.m. that
are not allowed.
Ms. Ostlund stated that there has been a concentrated review process with the Hennepin
Parks Board of Commissioners and they made the determination that the proposal is an
appropriate use and want to move forward with the project. Mr. Keith Gerenger, golf
course manager stated that pesticides will be kept at the storage facility at Baker National
Park and they will only keep enough for one or two applications on the site. He said that
the maintenance facility is a well -ventilated room. Ms. Ostlund stated that they don't
attempt to get rid of all weeds on their golf courses, and that they strive to protect the
environment.
Pertaining to issues/questions raised about tree preservation, Planner Rask stated that the
property is not subject to the tree preservation ordinance, but staff does encourage
voluntary compliance for all sites. He said that they can remove up to 75% of the trees
before reforestation is required, and this proposal is well within those limits. Mr. Mr.
Tom McDowell stated that they did a tree inventory of trees 8 inches or larger. He said
that there are approximately 5,000 trees, and 868 trees are identified to be removed. Of
the trees to be removed, the majority of them are Boxelder or Elm trees. He stated that
they have gone to great lengths to see that the Red and White Oak trees remain.
Ms. Ostlund stated that there will be park rangers and staff on site to handle any incidents
that may arise. She stated that they have encountered very few incidents at their other
sites.
Commissioner Reinhardt asked if the trees that are to be removed are considered "less
desirable" trees. Mr. McDowell replied that they are non-native trees such as Buckthorn,
which are of lower commercial value and less aesthetically pleasing.
Commissioner Reinhardt stated that the report indicated that regardless of the proposed
use for the site, undertaking a major refuse clean-up project would improve the site for
public use or restoration to native forest. She asked how long it would take for a natural
forest on this site to regenerate without intervention. Mr. McDowell replied that it would
take 150 to 200 years. Ms. Ostlund stated that they would want to clean up and reforest
and if there was no development, but in this case they would like to do it at the time that
it is developed as a recreational facility.
Commissioner Reinhardt asked for an explanation of bare root planting versus ball and
burlap. Mr. McDowell explained that ball and burlap are larger trees that are wrapped in
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burlap and then transported, and bare root are trees that are smaller and are removed by
cutting away some of the roots.
Commissioner Bobra asked the applicant if they are considering a curfew for youths
similar to what the Mall of America has in place. Ms. Ostlund replied negatively since
they don't experience problems like the Mall of America and that there are curfew
regulations currently in place for Hennepin County and the City of Plymouth.
Commissioner Reinhardt asked if there is any water craft use on Pike Lake. Mr. John
Barten, Hennepin Parks Water Quality manager stated that boats comes in from Eagle
Lake and that there is no public access on Pike Lake. He also stated that Pike Lake is
primarily used for fishing.
Commissioner Reinhardt asked how the computerized irrigation system works. Mr.
Gerenger stated that the computerized irrigation system is an efficient way to regulate
water use, as they run the water more efficiently by timing the system based on rainfall,
soil types, turf, etc.
Ms. Ostlund stated that the water source is from a well, not City water.
Commissioner Reinhardt asked what types of things were found at the archeological
sites. Mr. McDowell explained that they typically look at the landscape and make their
best guess where habitation or burial sites would be located. He stated that they then go
in and do shovel tests of the first few inches of soil. He said the most common findings
are flint flakes from tool construction, and occasionally they will find pottery fragments.
MOTION by Chairman Stulberg, seconded by Commissioner Reinhardt to accept the
EAW for Eagle Lake Regional Park Special Recreation Use Area and forward it to the
City Council for review.
Commissioner Ribbe commented that accepting the EAW is the appropriate thing to do.
Chairman Stulberg introduced Bruce Moore of 6010 Goldenrod Lane. Mr. Moore
commented that there was a wildlife review done, but he still sees a lot of wildlife near
their house. He asked if there is bow hunting in the area. Mr. Moore stated that it would
be nice to encourage reforestation along the various borders of the site.
Commissioner Ribbe asked residents to reread the section of the EAW pertaining to
project need. He said that golf is not a sport that is participated in by a few. He stated
that he lived three blocks away from the site for 13 years and had all species of mammals
in their back yard. He stated that the wildlife did not abandon that area when
developments went in and the proposal would not be destructive to the quality of life.
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Commissioner Reinhardt commented that it is evident that Hennepin Parks is very
conscious about preserving the environment while providing an amenity to the City.
Vote. 5 Ayes. MOTION approved unanimously.
Director Hurlburt reminded the Commissioners of the Comprehensive Plan Joint City
Council/Planning Commission Meeting on August 31, 1999 at 7:00 p.m. in the public
safety training room.
MOTION by Commissioner Ribbe, seconded by Commissioner Stoebner to adjourn.
Vote. 5 Ayes. MOTION approved unanimously. The meeting was adjourned at 10:20
p.m.