HomeMy WebLinkAboutPlanning Commission Minutes 08-12-1997CITY OF PLYMOUTH
PLANNING COMMISSION MINUTES
AUGUST 12, 1997
MEMBERS PRESENT: Chairman Michael Stulberg, Commissioners Allen Ribbe,
Bob Stein, Roger Berkowitz, Kim Koehnen, John Stoebner,
and Jeff Thompson
MEMBERS ABSENT:
STAFF PRESENT: Community Development Director Anne Hurlburt, Planning
Supervisor Barbara Senness, Planners Kendra Lindahl,
Shawn Drill, and John Rask, Public Safety Director Craig
Gerdes, Public Safety Education Specialist Sara Cwayna,
City Engineer Dan Faulkner, and Clerical Supervisor Denise
Hutt
1. CALL TO ORDER:
2. PUBLIC FORUM:
Lynn Markey of 230 Quaker Lane asked if there are any plans for the Brown's Market
site. Director Hurlburt replied that there are plans in the development stage for the
property directly east of the site. Mr. Markey requested to be notified of any development
plans for the property. Director Hurlburt asked Mr. Markey to leave his name and address
with staff to be notified.
3. APPROVAL OF AGENDA:
4. APPROVAL OF MINUTES:
MOTION by Commissioner Ribbe, seconded by Chairman Stulberg to approve the July
22, 1997 minutes. Vote. 7 Ayes. MOTION approved unanimously.
5. CONSENT AGENDA: No items.
6. NEW BUSINESS:
A. PRESENTATION BY PUBLIC SAFETY DEPARTMENT
Public Safety Director Gerdes gave a presentation on Plymouth Police statistics. He
stated Plymouth Police compile statistics by grouping calls for service into several
classifications: Crimes (Part I and II), Traffic, and Non -criminal services (Parts III, IV
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August 12, 1997
Page #175
and V). Director Gerdes presented statistics for the years 1993 to 1996 for each of the
categories. Director Gerdes explained that beginning in 1998 with the new computer
technology changes the City will be able to provide crime statistics by map grid, individual
addresses or GIS selected areas.
Public Education Specialist Sara Cwayna gave a presentation on the Crime Free Multi
Housing Program. The program is sponsored through law enforcement agencies using
national program standards. It is a voluntary program for rental properties. The Crime
Free Multi Housing program consists of three phases: management training, crime
prevention though environmental design, and resident training. Once a manager or owner
completes all three phases, they are certified. The public safety department also facilitates
the Neighborhood Watch Program, McGruff House Program, Plymouth Apartment
Managers Association, National Night Out, and Prevention Workshops.
Commissioner Ribbe asked what type of items are typically in a lease addendum. Public
Safety Education Specialist Cwayna replied the lease addendum lists eight criminal
behaviors that are held up in courts on convictions. An example would be excessive noise.
7. PUBLIC HEARINGS:
A. HOLIDAY STATIONSTORES, INC. (97071)
Chairman Stulberg introduced the request by Holiday Stationstores, Inc. for a Site Plan
and Conditional Use Permit to construct a Holiday Stationstore at the northwest corner of
Highway 169 and Betty Crocker Drive.
Chairman Stulberg commented that he would be abstaining from the item as he has a
conflict of interest.
Planner Lindahl gave an overview of the August 8, 1997 staff report. Planner Lindahl
presented a revised resolution with a change to Condition #7 indicating that no cross
easement is required for parking. Planner Lindahl presented the lighting plan indicating
the .5 foot candle contour.
Chairman Stulberg introduced Mark Nelson, the petitioner. Mr. Nelson, manager of real
estate for Holiday Companies introduced Dave Hoeschen, director of real estate and Craig
Freeman, the property owner. Mr. Nelson stated that they are proud of the building that is
being proposed. It has a residential feel even though it's a commercial building. The
building will consist of columns and pillars with recessed block.
Commissioner Stein asked where the Holiday sign would be on the building. Mr. Nelson
indicated on the Site Plan that the word "Holiday" would be just below the roof line.
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Page #176
Chairman Stulberg opened the public hearing. Chairman Stulberg presented a petition
received on August 12, 1997 with 178 signatures opposing the proposal due to traffic
congestion, noise, intrusive effects of lights, air quality, undue adverse effect on the
environment and water tables, and possible negative impact on property values. Chairman
Stulberg introduced a letter dated August 12, 1997 from Welsh Companies. Welsh
Companies manages Willow Creek Plaza and stated their concern with the proposal due to
security for a 24-hour operation and traffic with an uncontrolled intersection. The letter
also stated they were interested in making certain the trees located along their east
property line remain.
Chairman Stulberg introduced Susan Davies of 310 Ford Road South #4. Ms. Davies
stated that the proposal would increase traffic and refuse. She stated that traffic and trash
has been a problem since the theater was built. She asked why the store would have to be
open 24 hours. She commented that the Commission should consider the proposal for the
negative impact rather than a tax base issue.
Chairman Stulberg introduced Jean Dunn of 491 Shelard Parkway. Ms. Dunn stated her
concern with personal safety. She commented that traffic has increased in the past several
years. There are already stations within one mile, so the residents don't need another
facility. She suggested that the Commissioners visit the site before making a
recommendation.
Chairman Stulberg stated that all Commissioners visit the sites before the item goes to the
Planning Commission.
Chairman Stulberg introduced Sandra Huber of 330 Ford Road #8. Ms. Huber had left
the meeting.
Chairman Stulberg introduced Barbara Fishman of 340 Ford Road. Ms. Fishman stated
the area is unsafe already with heavy traffic and bad air quality. The water table is already
a problem. She asked why the store had to operate 24 -hours a day. She stated the
business would be detrimental to the safety of the residents.
Chairman Stulberg introduced Phyllis Gubernan of 35 Nathan Lane North. Ms. Gubernan
commented that she had just found out about the proposal when she stopped at a nearby
convenience store and saw the petition. She stated that they do not need a convenience
store, as there is already too much traffic in the area with the theater. She commented that
at least the movie theater closes at night. Ms. Gubernan stated that the Commissioners do
not live in the area, and asked them to consider what it would be like to live next to a
commercial area.
Chairman Stulberg introduced Pam Larson of 385 Shelard Parkway #104. Ms. Larson
asked about the underground storage of gas, and how it would affect the neighborhood if
there was a leak. She commented that the City of St. Louis Park has had to replace the
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August 12, 1997
Page #177
water mains because of chemicals in the ground eating away at the pipes. Ms. Larson
stated that there have been 11 known accidents in the area in the last year, and the area
needs to have stop signs or a stop light. Ms. Larson said they don't need another
convenience store in the area. She stated she is concerned about the floodplain. Ms.
Larson asked why there are no sidewalks since the Holiday store is supposed to be for the
neighborhood.
Chairman Stulberg introduced Chad Sylwester of 300 Ford Road #1. Mr. Sylwester
stated his concern about traffic and how the proposal would affected the wildlife in the
area. He commented that the trees in the southwest corner should be required instead of
just a recommendation.
Chairman Stulberg introduced Fred Webb of 310 Ford Road #5. Mr. Webb concurred
with comments already made.
Chairman Stulberg introduced Shirley Winlaw of 340 Ford Road #4. Ms. Winlaw stated
that she wants the application denied. She said that the area is high residential and the
intersection is already too dangerous.
Chairman Stulberg introduced David Evans of 350 Ford Road #2. Mr. Evans stated he is
opposed to the project and concurred with the previous comments. He said he is
concerned with lights and traffic.
Chairman Stulberg introduced Sharon Gunther of 340 Ford Road #3. Ms. Gunther stated
that she was in favor of the proposal but would like to see a four way stop or stop light.
She stated that the area also needs a pharmacy or drug store.
Ms. Gubernan asked if it would do any good to obtain more signatures opposing the
proposal. She asked if the proposal is already a done deal.
Chairman Stulberg explained that the role of the Commission is to make a decision based
on the Zoning Ordinance. He commented that the item would still need to go the City
Council for approval or denial.
Chairman Stulberg closed the public hearing.
Planner Lindahl said that a traffic signal has been planned and approved with the cost to be
spilt between the cities of St. Louis Park and Plymouth. She commented that as part of
this approval, the developer would be responsible for a portion of the cost of the
intersection signalization at Betty Crocker Drive and the entrance to the site. City
Engineer Faulkner stated that the City of St. Louis Park had plans for approval, but were
unable to gain right-of-way from a property in St. Louis Park, so they didn't proceed. He
said that a traffic signal is warranted now for the intersection. City Engineer Faulkner
stated that public stop signs have a warning that westbound traffic does not stop, but that
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August 12, 1997
Page #178
maybe the private access drive signs should also have that warning. Director Hurlburt
concurred and stated that maybe staff can follow up with the owner. Director Hurlburt
commented that the City of Plymouth will initiate a conversation with St. Louis Park
regarding the traffic signal.
City Engineer Faulkner stated that he knows that St. Louis Park is replacing water mains,
but does not know how critical the situation is. He is not aware of any problems with the
proposal, and the Pollution Control Agency monitors the underground gas tanks.
Mr. Hoeschen explained that the tanks are self-contained tanks, that have a dual wall
system with a space between the walls containing a monitoring system. He explained that
any gas that leaks would fall into a catch basin. He said that gas leaks usually take place in
couplings, and their double wall system does not use couplings. Each dispenser is
monitoring the pressure with an automatic shut-off. The tanks are steel with fiberglass
coating.
Mr. Hoeschen stated that the traffic and population of the geographic area warrants a
store.
Planner Lindahl said that the City publishes notices of proposals in the Plymouth Sun -
Sailor and mails notices to property owners within 500 feet. Director Hurlburt said that
the site did not have a development sign, as the City is short of signs, and the signs are
placed on properties that have Rezonings or Comprehensive Plan Amendments first. She
added that the City is in the process of acquiring new signs.
Planner Lindahl explained that the application was received by the City in May, and
reviewed by a representative of each department including the Public Safety Department.
She stated that there is no sidewalk planned for the area, and that she does not know what
St. Louis Park has in mind for the south side of Betty Crocker Drive.
Chairman Stulberg stated that tax base is not an issue for the Planning Commission. He
said that a property owner can bring forth an application and the Commission looks at
whether it meets zoning requirements.
Commissioner Ribbe asked if there was any room for compromise on the hours of
operation.
Mr. Hoeschen explained that part of the attraction to the site is that there is no
competition for 24-hour service. He said that due to the location near the intersection
they want to operate 24 hours a day.
Commissioner Koehnen commented that one of the conditions listed in the approving
resolution addresses collection of litter on a daily basis.
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August 12, 1997
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Planner Lindahl said that the proposal complies with the wetland ordinance, and the
majority of the site will remain as undisturbed wetland.
MOTION by Commissioner Thompson, seconded by Commissioner Berkowitz
recommending approval of a Site Plan and Conditional Use Permit for Holiday
Stationstores, Inc. for a 24-hour convenience grocery market with motor fuel sales located
at the northeast quadrant of Highway 169 and Betty Crocker Drive.
Commissioner Thompson stated that 30 to 40 percent of his daily work is dealing with
legal issues on leaking storage tanks. He stated that the environmental concerns are
worthy of note, but this is a new facility and the equipment is up to standards. He
commented that a condition in the approving resolution requires that trash must be picked
up at least once a day. Commissioner Thompson stated that there are no grounds to deny
the Conditional Use Permit.
Commissioner Ribbe stated his concern that the traffic light issue is in the hands of another
city, and that Plymouth doesn't have control over it. He commented that the Commission
can't do anything about the traffic signal unless the Commission would delay approval of
the application until a traffic signal is installed. City Engineer Faulkner stated that he has
not talked to the City of St. Louis Park about the traffic signal, but will contact them.
Director Hurlburt stated that the gas station does not create the need for the signal. She
suggested that the residents of St. Louis Park should contact their councilmembers with
traffic concerns. Commissioner Thompson concurred.
Commissioner Stein stated his concern for the store being open 24 hours a day. He said
that it should support the neighborhood, and the residents don't want it open 24 hours a
day.
MOTION to Amend by Commissioner Stein, seconded by Commissioner Ribbe to limit
the hours of operation from 6:00 a. m. to 11:00 p.m.
Commissioner Thompson said he would vote against the amendment as the 24 hours is
available under a Conditional Use Permit and does not see any reason to deny it that
would hold up in court. He said that they have not heard testimony that a 24 hour
operation would endanger the health and safety of the residents.
Commissioner Berkowitz stated he would vote against the amendment, as the site is
different since it is located near a major highway intersection.
Commissioner Koehnen stated her appreciation for the testimony, but said that the
Commission is limited to the standards. She said that a lot of the issues raised have to do
with the existing site, not because of this plan.
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Page #180
Roll Call Vote on MOTION to Amend. 2 Ayes. MOTION failed on a 2-4 Vote.
Commissioners Stoebner, Koehnen, Thompson and Berkowitz voted Nay. Chairman
Stulberg abstained.)
Roll Call Vote on Main MOTION. 5 Ayes. MOTION carried on a 5-1 Vote.
Commissioner Ribbe voted Nay. Chairman Stulberg abstained.)
B. LITTLE ACORN'S PRESCHOOL, INC. (97102)
Chairman Stulberg introduced the request by Little Acorn's Preschool, Inc. for a
Conditional Use Permit to operate a daycare facility in the Plymouth Creek Christian
Church, 16000 41st Avenue North.
Planner Lindahl gave an overview of the August 6, 1997 staff report. Planner Lindahl
noted that an afternoon class may be added in the second year of operation. The hours of
the preschool would coincide with Wayzata's school hours.
Commissioner Berkowitz questioned why a Variance was needed for a five foot fence at
another daycare. Chairman Stulberg commented that it was due to the roadway system.
Commissioner Thompson noted that there are certain state requirements for fencing.
Director Hurlburt stated that a four, five or six foot fence would fit within the Zoning
Ordinance standards.
Chairman Stulberg introduced Rhonda Doyle, the petitioner. Ms. Doyle stated her
concurrence with the staff report.
Chairman Stulberg opened the public hearing.
Chairman Stulberg introduced Jerry Hagberg of 4100 Xene Lane North. Mr. Hagberg
stated that there is currently a drainage problem with the water run off from the site onto
his property. He has already talked with the Engineering Department regarding the issue.
Mr. Hagberg asked where the fence would be on the property. Planner Lindahl noted the
fenced area on the plan. Director Hurlburt stated the fenced area would be on the north
side of the building facing Rockford Road. Mr. Hagberg asked the distance of the fenced
area is from the residents. He stated that a six-foot privacy fence would be better instead
of four -foot chain link fence.
Chairman Stulberg closed the public hearing.
City Engineer Faulkner stated that he can work with the church on the drainage issue to
resolve the problem. He added that he will keep Mr. Hagberg informed of the progress.
Ms. Doyle commented that she did look at other fencing, such as a picket fence, but it was
not economically feasible.
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August 12, 1997
Page #181
Director Hurlburt stated that the fence would be approximately 200 feet from the
residential area.
MOTION by Commissioner Ribbe, seconded by Commissioner Thompson recommending
approval of a Conditional Use Permit Amendment for Rhonda Doyle for operation of
Little Acorn's Preschool at Plymouth Creek Christian Church at 16000 41st Avenue
North. Roll Call Vote. 7 Ayes. MOTION approved unanimously.
Chairman Stulberg called a recess at 8:59 p.m. and reconvened the meeting at 9:12 p.m.
C. HANS HAGEN HOMES, INC. (96193)
Chairman Stulberg introduced the request by Hans Hagen Homes, Inc. for Rezoning from
FRD to MPUD, Preliminary Plat, and PUD General Plan Amendment for Plymouth
Station, a roughly 141,000 square foot commercial development with a grocery store,
three restaurants, including fast food, general retail, gas convenience, auto service, office
and day care uses, located at the southeast quadrant of Highway 55 and County Road 24.
Planning Supervisor Senness gave an overview of the August 8, 1997 staff report.
Planning Supervisor presented computer imaging of the site.
Chairman Stulberg noted the revised resolution with a change to Condition #19 of the
resolution approving the Preliminary Plat and General Plat Amendment - the words "and
Office building" was inadvertently omitted.
Commissioner Ribbe asked if the computer imaging is subject to the same kind of
orientation as taking a picture with a camera. Planning Supervisor Senness replied that
the elevations are taken into account, and the trees that are on the computer imaging are
typically depicted at about a 10 year growth. Director Hurlburt said the computer imaging
starts with a photograph and so initial placement is critical, and the rest of the elements are
plugged in.
Commissioner Thompson asked why the fence is on the residential side of the street. He
asked why a fence is needed if the berm is high enough. Planning Supervisor Senness
responded that the neighbors requested the fence.
Commissioner Koehnen asked about the status on the signs. Planning Supervisor Senness
said all signs have to be approved as part of the master signage plan.
Chairman Stulberg introduced Hans Hagen, the petitioner. Mr. Hagen stated the guide
plan has been reaffirmed as commercial twice in the last 12 months. All the uses are
permitted uses and are within the setbacks; therefore, no variances are required. The
quality is a good mix of tenants, with Rainbow as a major anchor tenant. Mr. Hagen
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August 12, 1997
Page #182
stated that the developer's cost to close Garland Lane as per the residents' request was
450,000, and in order to do that you need an economically viable unit. Mr. Hagen said
community grocery stores have changed over the years by the demand of the public.
People want bigger stores with more variety. They want to be able to do their shopping in
one trip. Mr. Hagen said that Cub Foods is 65,000 square feet, Lunds in Wayzata is
39,000 square feet and Byerly's near Ridgedale Mall is 67,000 square feet.
Mr. Hagen presented the traffic circulation plan. Truck traffic would come out on
Highway 55 and go south on County Road 24 and move around internally on the site and
come back out County Road 24 back out to Highway 55. They will be proposing "no
trucks" on the Dunkirk entrance/exit onto Medina Road.
Mr. Hagen presented the site plan, stating numerous changes that were made: no access
from Garland Lane and therefore no truck traffic; the privacy fence extended with brick
monumentation; commitment from the grocery store to limit delivery times; relocating the
daycare; and reconstruction of County Road 24.
Mr. Hagen presented the architectural design depicting Rainbow Foods and the retail area.
There will be brick on all four sides and a good pedestrian system. He stated that he
would like to add language for temporary buffering. He stated his concern about the
height of the sign for the gas facility. He stated that if they increase their coniferous trees
to 25% there would be overscreening for a commercial facility.
Chairman Stulberg opened the public hearing.
Chairman Stulberg introduced Ken Solom of 3295 Garland Lane. Mr. Solom stated that
he is concerned that when he is on his deck he will be looking at a service station. He
wants the office and daycare as a transition like his neighbors. He is concerned about the
noise and said the garage should be moved out near Highway 55. Mr. Solom said that
commercial next to a residential area is not right. Mr. Solom said that he was happy to
see the changes to Garland Lane. He said that the proposal is a far cry from what was
initially proposed when they built their homes. He commented that the residents don't
want a grocery store and urged the Commission to downsize the project.
Chairman Stulberg introduced Eva Sipkins of 2621 Comstock. Ms. Sipkins asked how
many Rainbow stores does Plymouth need, and how many grocery stores do the residents
need. She asked whose needs are being met - the residents' or the developer's. Ms.
Sipkins asked how the change to Garland Lane will affect the traffic flow on Dunkirk
Lane.
Chairman Stulberg introduced David Slavik of 3325 Everest Court. Mr. Slavik stated that
the grocery store was not included in the traffic study. He asked where trucks are going
to park while waiting for the loading docks. He commented that the noise from the trucks
is a concern. He asked how the trucks will be prevented from using the other accesses.
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August 12, 1997
Page #183
Mr. Slavik wanted to know what would happen if the developer can't get tenants. He said
no one is going to want to put in a daycare or office next to loading docks. He asked
what guarantee do the residents have as to what businesses are proposed will actually go
into the site.
Chairman Stulberg introduced Kelli Slavik of 3325 Everest Court. Ms. Slavik stated the
residents do not need another grocery store, nor is another Rainbow store needed in
Plymouth. Ms. Slavik stated her concern for the safety in the neighborhood pertaining to
traffic and crime. She said the bus stop at Garland Lane still needs to be addressed. She
said that commercial property will limit the access for emergency vehicles. Ms. Slavik
stated that the residents have no guarantee that deliveries will be limited. She said that
traffic will be constant to the site. She asked how the signs and lights will affect the
residnets. Ms. Slavik stated that the issues with the Moen Leuer property are still not
being handled. She asked who would be responsible for trash clean up. Ms. Slavik said
there needs to be additional work on the landscaping and berms. She asked who will
maintain the fence and berms. She commented that the developer committed fraud when
presenting his other plan when they bought their home. She cited case law studies
indicating that the City Council can deny an application based on complaints from
residents. She asked if their property taxes would be lowered to reflect their loss of
property value if the proposal is approved.
Chairman Stulberg introduced Vickie Ruegemer of 3290 Garland Lane. Mr. Ruegemer
stated that she is strongly opposed to the development and the rezoning. The proposal
will adversely affect their quality of life. She said that there is already of problem with
drainage on the walkways, and the sidewalk in not plowed in the winter. Ms. Ruegemer
asked if the gas station would be open 24 hours a day. She stated she would like a buffer
of a lower density building for her area also, as the grocery store is high density.
Chairman Stulberg introduced Julie Johnson of 3345 Everest Court. Ms. Johnson stated
that she can't imagine having to put up with five years of construction noise. She
presented pictures from her home and the repaving that is currently going on. No amount
of berming and fencing will block her view of the buildings. She stated that the proposal
will force the neighbors out, and asked who will want to buy their homes with the
construction going on.
Chairman Stulberg introduced Mark Capece of 3320 Garland Lane. Mr. Capece stated
that the residents bear the risk. The residents want a less dense retail neighborhood, along
the lines of what was presented to them when they purchased their homes. Mr. Capece
stated his concern with the grocery store and auto service station being too close to the
residential area, and that he does not want any fast food restaurants.
Mr. Capece asked if there was a change in the way the residents address the City Council.
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August 12, 1997
Page #184
Chairman Stulberg stated the public hearing is held by the Planning Commission to hear
and document the concerns and issues of a proposal. Director Hulburt replied that the
Council held a conversation reaffirming their current policies. She said that the City
Council will not hold another public hearing, but rather only listen to new testimony or
information since the Planning Commission Meeting.
Mr. Capece questioned the new traffic study pertaining to the number of trips on Medina
Road. He asked if the City knows what the impact would be on crime to the
neighborhood, and asked if they would conduct a formal study. He asked if a formal
wetland study had been done. Mr. Capece stated that the project can be scaled back. He
asked if the City needs to consider the developer's likelihood of finding financing and
tenants. Mr. Capece asked what the City's role is in protecting the citizens from what was
originally intended for the site to what is now being proposed. Mr. Capece presented
pictures depicting the views from different rooms in his house.
Chairman Stulberg introduced Paul Anderson of 3340 Everest Court. Mr. Anderson
stated his concurrence with previous statements. He stated that the Commission has
already recommended less dense use for the property. Mr. Anderson said that 800
parking spaces exceeds the city's guidelines. He stated that if the proposal could be scaled
down, it could be a good project.
Chairman Stulberg introduced Tom Krueger of 3310 Garland Lane. Mr. Krueger stated
that he doesn't want to be fenced into his neighborhood. He said that the proposal is not a
good plan for the property.
Chairman Stulberg closed the public hearing.
Planning Supervisor Senness stated that the auto service is a 9:00 a.m. to 5:00 p.m. type
of operation with no overhead doors allowed. She said that staff is recommending that
some of the parking be removed and additional landscaping be put in. Staff is also
recommending that the proposed berm go all the way to the corner. Planning Supervisor
Senness stated that the traffic flows on Dunkirk Lane would not materially be affected by
this change. Director Hurlburt commented that the Transportation Plan anticipated
commercial development and no widening of Dunkirk Lane.
Mr. Hagen stated that Rainbow did a market study on locations, and the site was
approved by the national management.
Mr. Hagen apologized for any misinformation that may have been given to purchasers, and
stated that the information was not inaccurate for the land that was owned at the time.
He said that it was their goal to inform potential residents that the land was zoned for
commercial. Mr. Hagen said no other tenants will be signed up until he has confirmation
of the application. Mr. Hagen stated that he can get financing and build out the project.
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August 12, 1997
Page #185
Chairman Stulberg stated that staff is not asking to Rezone the property, and not fighting
for or against the proposal, only as the proposal pertains to the Zoning Ordinance.
Planning Supervisor Senness stated that staff did not look at the bus stop on Garland Lane
directly as part of their analysis. She said that it is generally up to the school district.
Mr. Hagen stated that the grocery store will be open 24 hours a day. The gas station will
operate from 6:00 a.m. to 11:00 p.m. Director Hurlburt noted that the gas station is
restricted to those hours unless they apply for a Conditional Use Permit to extend the
hours. Mr. Hagen said that Rainbow has indicated in a letter that they would be willing to
limit their deliveries. Director Hurlburt asked if Mr. Hagen would agree to putting that as
a condition in their lease. Mr. Hagen replied affirmatively. Mr. Hagen said he would be
happy to work with the residents on the bus stop issue.
Planning Supervisor Senness stated that there are no sign approvals with this
recommendation. She stated that the Star Tribune located in the Plymouth Ponds
Development will be moving to Building #4, which is further away from the residential
area.
Mr. Hagen stated that the landscape easement for Seven Ponds would be maintained by
the association. He said that he couldn't comment on the association's agreement for the
fence, which was initiated by Mike Johnson. He said that he would be agreeable to not
putting in a fence if that's what the residents want.
City Engineer Faulkner stated that he would mention the drainage issue and snow removal
to the appropriate City personnel and get back to Ms. Ruegemer.
City Engineer Faulkner said that the traffic projection for the year 2020 indicates 520 total
trips going east and west on Medina Road. 85 eastbound movements will turn into the
site, and the rest of the trips are going south on Dunkirk, or east on Medina Road. He
stated that the truck traffic is included, but it doesn't separate out the numbers. City
Engineer Faulkner said that the study did not look at an alternate if Medina Road doesn't
go through. He said that at some point in the future, Medina Road will have to go
through, but he does not know when.
Planning Supervisor Senness said that crime studies are not typically done with a
development application. Whatever kind of development, the City is proactive to
eliminate crime in the community. The more dense an area is, the more calls you receive.
She stated that a formal wetland study was done, and applicant is required to show actual
delineations and what area is to be filled, mitigated and replaced. The application will go
to City Council for approval.
Director Hurlburt said the City does not do market studies, and does not require a
developer to prove he can finance it. She stated that if the developer can't get financing, it
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August 12, 1997
Page #186
won't be built. If the developer needs to change the plan, it has to come back to the
Planning Commission for approval. Director Hurlburt said the City has no control on
individual people or their marketing literature. She said that plans change, and all staff can
do is provide the information that is available.
Planning Supervisor said that the grocery store will have two loading docks.
City Engineer Faulkner said that if the application is to move ahead there will needs to be
discussion with the County pertaining to the intersection of Medina Road and County
Road 24 to see if a signal is warranted early on in the development. He stated that the
intersection has not met warrants yet, but not much more additional development would
be needed to warrant it. He said that access off of County Road 24 would take a big
burden off of the Medina Road intersection, and would lessen the need for the signal on
Medina, but eventually there will be a signal needed at Medina Road.
Commissioner Ribbe asked what the procedures are regarding enforcement of existing
ordinances, and what part can neighbors play. Director Hurlburt explained that staff
investigate complaints that are received through the various appropriate departments. The
City has the power to enforce ordinances through citations, or negotiate to handle civilly.
If there is a Conditional Use Permit, it can be revoked if it is being violated. Director
Hurlburt explained that the caller's name is kept confidential. She said that some
complaints are not violations of the law.
Commissioner Koehnen asked if the gas station has to be in that location.
Chairman Stulberg introduced Dan Robbins of 2585 Brockton Lane. Mr. Robbins
reapplied affirmatively to Commissioner Kohenen's question, as it is his piece of property.
He stated that the service area is for oil changes, and the building to the south is for car
repairs. The doors were moved around, and there are no windows or signs from the
south.
Ms. Sipkins stated that if the traffic study is for the trips in the year 2020, then the
numbers are worthless to that point. City Engineer explained that the traffic study gives
the ultimate amount of traffic. The numbers are less than that now with a progression to
that point of traffic in the year 2020.
Director Hurlburt asked if all the cars came up on Dunkirk Lane, would it have to be
widened. City Engineer Faulkner replied negatively.
Mr. Solom stated that it is virtually impossible for a school bus to turn around on a cul-de-
sac, that is why the bus stop is at the corner of Garland Lane and Medina Road He asked
why there couldn't be some land swapping to move the service station closer to Highway
55.
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August 12, 1997
Page #187
Commissioner Koehnen asked if the lease condition could include the hours of delivery
and limit the number of deliveries. Mr. Hagen replied that Rainbow schedules their
deliveries so that trucks don't stack up. They will limit the hours of delivery and no
deliveries on Sunday. He said that the bulk of the deliveries occur from 9:00 a.m. to
noon.
MOTION by Commissioner Thompson, seconded by Commissioner Stein recommending
approval of an Ordinance Amending Chapter 21 of the City Code to classify certain lands
located southeast of the intersection of Highway 55 and County Road 24; Approving
Findings of Fact for Rezoning for Hans Hagen Homes, Inc. for property located south of
Highway 55 and East of Old Dunkirk Lane; and a Preliminary Plat and PUD General Plan
Amendment for Hans Hagen Homes, Inc. for Plymouth Station for property located
southeast of the intersection of Highway 55 and County Road 24 .
Commissioner Thompson stated that there have been a lot changes to the proposal since
the last time it was before the Commission. The petitioner's statements were on the
substance. The issues related to traffic have been addressed. The guiding issue was
resolved by the City Council. The zoning for the property is ordained by the guiding
issue. Commissioner Thompson added that all the uses are permitted uses within the
allowed setbacks; therefore, no legal grounds for denial are present.
Commissioner Ribbe stated that the Commission had voted for less development, but the
City Council made the final decision. Commissioner Ribbe stated that the City and a
developer encourage development of high cost homes and the residents were led to
believe that there would be a less dense development across the street. He commented
that the proposal is not compatible with the residential area because of its close proximity.
Commissioner Ribbe added that the proposal will have a detrimental affect on the
neighborhood.
Commissioner Koehnen commented that she was pleased to see the changes, but there are
still too many situations that do not make it good for the neighborhood. She questioned
how much latitude does the staff have with the developer.
Director Hurlburt explained that the proposal is not just a Preliminary Plat, but also a PUD
Amendment that sets the uses and conditions that would be attached to it. There are
detailed standards on signage and architecture. She stated that there has never been this
amount of detail with a project before, not even with the City Center. Director Hurlburt
stated that the Commission can add additional conditions to the PUD.
Commissioner Koehnen commented that no matter how much berming there is, the project
this will still be very obvious for the neighbors.
Director Hurlburt stated that screening and berming is always a difficult issue. You really
can't screen out large buildings, and you will always see other buildings from properties.
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August 12, 1997
Page #188
Commissioner Thompson noted that another change was the economically viability which
was which was not rebutted, and add the proposal works.
MOTION to Amend by Commissioner Thompson, seconded by Commissioner Koehnen
to add the wording "or satisfactory buffering", to Condition #19 of the approving
resolution.
Commissioners Stein stated that more control over the buffering is needed by precise
wording in the resolution. Commissioner Berkowitz added that Phase I construction of
the day care and its buffering is crucial. Commissioner Koehnen concurred.
Roll Call Vote on MOTION to Amend. 1 Aye. MOTION failed on a 1-6 Vote.
Commissioners Stoebner, Koehnen, Berkowitz, Stein, Ribbe and Chairman Stulberg
voted Nay.)
Commissioner Stoebner asked if the proposal were not a PUD, would this size of a project
be feasible without a Variance. Director Hurlburt replied affirmatively. Commissioner
Thompson stated that the PUD allows the City greater control with design standards.
Roll Call Vote on Main MOTION. 5 Ayes. MOTION carried on a 5-2 Vote.
Commissioners Koehnen and Ribbe voted Nay.)
Chairman Stulberg called a recess at 11:52 p.m. and reconvened the meeting at 11:58 p.m.
D. TOWN AND COUNTRY HOMES (97011)
Chairman Stulberg introduced the request by Town and Country Homes for a Land Use
Guide Plan Amendment to reguide property from C (Commercial) and LA -1 (Living Area
1) to LA -2 (Living Area 2) and LA -3 (Living Area 3), Rezoning from FRD (Future
Restricted Development) to RMF -1 (Multiple Family 1), Preliminary Plat and Site Plan to
construct a 114 -unit residential townhome development for property located in the
northwest quadrant of Highway 55 and Dunkirk Lane.
Planner Drill gave an overview of the August 5, 1997 staff report.
Due to the late hour, Chairman Stulberg asked if the Commission wanted to table the item
or continue with the public hearing. The Commission decided to continue with the public
hearing.
Chairman Stulberg introduced Al Block, the petitioner. Mr. Block gave on outline of the
changes made to the proposal since the item was last heard by the Planning Commission.
The units dropped from 118 to 114 and will be for -sale units on individual lots. The
average selling price will run from $135,000 to $140,000. Mr. Block stated that they are
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August 12, 1997
Page #189
willing to put a conservation easement over the wetland area. A considerable amount of
buffering was created along Dunkirk. There were also changes in landscaping and
ponding. Mr. Block stated that the main neighborhood issue that remains is traffic, but it
is a manageable situation according to the City's traffic consultant. Mr. Block introduced
Mike Gair and Bob Smith who would also be available for questions. Chairman Stulberg
introduced Jerry Theis, who said he also would be available for questions.
Chairman Stulberg opened the public hearing.
Chairman Stulberg introduced John Byers of 3895 Comstock North. Mr. Byers stated
that at a meeting that was held by Town and Country Homes, a councilmember brought
up the idea of moving the road to have traffic go out to Dunkirk Court. Mr. Byers stated
that everyone at the meeting including the applicant agreed to that idea. Mr. Byers said
that the City's traffic consultant stated in their report that the road could go either way,
but the City has decided that it can't. Mr. Byers suggested that the road be moved and let
Town & Country get on with their project.
Chairman Stulberg introduced Scott Kuhne of 3860 Comstock Lane North. Mr. Kuhne
stated that he was surprised that the road was not moved after all parties involved had
agreed on the change to the road. He stated that on Page 9 of the traffic report it states
that the majority of the traffic will go south on Dunkirk Lane and exit onto Highway 55.
He stated that Dunkirk Lane to Highway 55 does not exist. Mr. Kuhne commented that
everyone at the meeting on June 23 wanted the road to go to Dunkirk Court rather than
39th Avenue.
Chairman Stulberg introduced Carla Madel of 3855 Comstock Lane North. Ms. Madel
stated her concern for the road connecting with
39th Avenue. She stated that she would
also prefer that all of the site was guided LA -2.
Chairman Stulberg introduced Jim Blake of 3885 Comstock Lane North. Mr. Blake
stated that Town and Country has agreed to do additional landscaping along his property
line.
Mr. Kuhne stated that on Page 2 of the traffic report, the developer changed the units to
114 so they could change the road to access off of Dunkirk Court. Mr. Kuhne stated that
on Page 4 of the traffic report, it states that access for the Town and County Townhome
development could be provided at either alternative access location.
Chairman Stulberg closed the public hearing.
Mr. Block stated that he will build all landscaping and berming along Dunkirk Lane at the
first phase of construction to help buffer traffic.
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August 12, 1997
Page #190
In response to the issues raised on the access, Planner Drill stated that the traffic study
found that the access should line up with
39th Avenue. If traffic from this site is directed
to Dunkirk Court, it would mix with future commercial traffic. Director Hurlburt
commented that the idea of moving the road to tie into Dunkirk Court was not a
commitment on behalf of the City. The long term plan is to close the accesses off of
Highway 55. It is the City's responsibility to look out for the residents in these
townhomes, Holly Creek, and across the street. The City does not want to mix residential
and commercial traffic at this location, and must look at the long-term traffic flows.
Director Hurlburt stated that staff knows that Dunkirk Lane does not connect to Highway
55 and so did the traffic consultant. Planning Supervisor Senness pointed out that on
Page 3, the traffic consultant stated that mixing residential and commercial traffic is not
good.
MOTION by Commissioner by Thompson, seconded by Commissioner Stoebner
recommending approval of a Land Use Guide Plan Amendment for Town and Country
Homes, Inc. for property located in the northwest quadrant of Highway 55 and Dunkirk
Lane; Ordinance Amending Chapter 21 of the City Code to Classify Certain Lands located
in the northwest quadrant of Highway 55 and Dunkirk Lane; Findings of Fact for
Rezoning of land located in the northwest quadrant of Highway 55 and Dunkirk Lane;
and, Preliminary Plat and Site Plan for Town and Country Homes, Inc. for property
located in the northwest quadrant of Highway 55 and Dunkirk Lane.
Commissioner Koehnen commended the residents and developers for their work on the
proposal.
Commissioner Ribbe stated that he was still concerned with the road and asked what
commercial traffic is near the site. Director Hurlburt replied that Dundee and Tri-State
Drilling is commercial. The traffic study modeled potential development.
Commissioner Koehnen stated that she will vote in favor of the proposal as it provides
good transition.
Roll Call Vote. 7 Ayes. MOTION approved unanimously.
E. THE ROTTLUND COMPANY, INC. (97080)
Chairman Stulberg introduced the request by The Rottlund Company, Inc. for Rezoning
from FRD to PUD, Preliminary Plat, Interim Use Permit for parking reduction and PUD
General Plan for a 46 -unit mid -rise senior apartment, 182 units of multi -family for -sale
units, and an office building for property located in the northwest quadrant of Highway 55
and Revere Lane.
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August 12, 1997
Page #191
Planner Drill gave a brief overview of the August 6, 1997 staff report. Planner Drill noted
that the correct square footage of the office building should be 30,000 square feet and that
the resolution will be corrected accordingly.
Chairman Stulberg introduced Richard Palmiter, the petitioner.
Mr. Palmiter stated that they have been working on the project for 20 months. He said
that a developer has not yet been chosen for the office space.
Chairman Stulberg opened the public hearing.
Chairman Stulberg introduced a letter dated August 12, 1997 from Bonnie Huettle of 320
Quaker Lane North.
Chairman Stulberg introduced Bonnie Huettl of 320 Quaker Lane North. Ms. Huettle
stated that since the Rainbow complex went in, the traffic on the south side of Highway 55
has increased beyond any projected volumes. She stated that this proposal will increase
traffic as cars cut through her area to reach Betty Crocker and access Highway 169. This
problem will only be increased further with the Holiday Stationstore. She urged the
Commission to give some consideration for the traffic that will be impacted on her side of
the street.
Chairman Stulberg introduced Harley Greenberg of 1000 Trenton Circle North. Mr.
Greenberg stated his concern over parking. He asked where they will put snow after the
private streets are plowed. He was concerned about water run-off and speeding traffic.
Mr. Greenberg stated that these additional units will only aggravate issues of concern
already. Mr. Greenberg stated that he doesn't want people parking their cars at Trenton
Ponds. He said that there is no guarantee that the buyers of the units will be single
professional individuals.
Chairman Stulberg introduced Lynn Markey of 230 Quaker Lane North. Mr. Markey
stated that the residents on Quaker Lane seem to be forgotten. There is too much traffic
on the frontage road. Mr. Markey asked if they would be digging up the entire site to
redo it. He asked if the taxpayers are subsidizing the redoing of the soils.
Chairman Stulberg introduced Marshall Rappaport of 1044 Trenton Circle North. Mr.
Rappaport stated that the density of the project has increased and now they are asking for
an Interim Use Permit for reduced parking. Mr. Rappaport questioned the $3,000,000
TIF money for the project.
Chairman Stulberg introduced Leo Rogers of 1076 Trenton Circle North. Mr. Rogers
stated that the parking is not adequate, and there should be another 100 spaces. He said
that the number of units should be reduced. He asked if the site wouldn't be better left as
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August 12, 1997
Page #192
Commercial. Mr. Rogers wanted to know why the taxpayers are subsidizing the
developer for $3,000,000 over the next 12 years.
Chairman Stulberg closed the public hearing.
City Engineer Faulkner stated that staff did not look at the snow storage issue. Director
Hurlburt asked if the snow could be piled in the wetland area. City Engineer Faulkner
replied it could be stored in the water treatment pond area and maybe in the wetland.
Planner Drill stated that the applicant did request an Interim Use Permit for parking
reduction. The applicant provided a traffic study for similar developments throughout the
region that indicates 1.5 spaces per unit is adequate for this type of development. The
garages on the Gable homes would be 32 feet deep to provide adequate space for storage
and parking. The applicant is providing 71 offstreet parking spaces. Planner Drill stated
that he reviewed other similar developments and found the parking was under utilized.
City Engineer Faulkner stated that drainage will have to be designed with the
Comprehensive Storm Water Plan and comply with the 100 year flood. The plan will be
reviewed in detail by staff as it moves forward. He said that no water flows towards
Trenton Ponds, but rather the creek. He stated that when Prime West was developed, the
City required temporary drainage easements, and the City would vacate temporary
easements and get new easements with the new plan. City Engineer Faulkner stated that
he is aware that there is a sight distance problem on the Quaker Lane cul-de-sac, and staff
may need to look at that in more depth.
Commissioner Thompson commented that there is a real problem with the south frontage
road. Director Hurlburt asked if there would ever be a point that there would be a traffic
signal for the frontage road. City Engineer Faulkner said that since it is so close to
Highway 55 it would be unlikely.
In reference to speeding, City Engineer Faulkner said that the more congestion there is,
the more it slows traffic. The City has to request MnDot to conduct a speed study.
Director Hurlburt offered that the Public Safety Department now has the resources to
target an area for speeding.
Mr. Palmiter stated that they have to remove almost all of the soils and replace them.
Director Hurlburt stated that the City Council has given the go ahead for a Public Hearing
on September 3 regarding the TIF money. She stated that the senior apartment project
has received some allocation of federal funds. She added that an application was
submitted for State program funds through the Livable Communities Act.
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August 12, 1997
Page #193
Commissioner Koehnen questioned the private drives. Planner Drill indicated the private
drives on the Site Plan and stated that they would be 22 feet in width, which is acceptable
to staff.
Mr. Palmiter offered that the units would sell for approximately $109,000 to $139,000.
MOTION by Commissioner Ribbe, seconded by Commissioner Koehnen recommending
approval of an Ordinance amending Chapter 21 of the City Code to classify certain lands
located in the northwest quadrant of Highway 55 and Revere Lane as PUD and Findings
of Fact for Rezoning for The Rottlund Company, Inc. for property located in the
northwest quadrant of Highway 55 and Revere Lane. Roll Call Vote. 7 Ayes.
MOTION carried unanimously.
MOTION by Commissioner Ribbe, seconded by Commissioner Koehnen recommending
approval of a Preliminary Plat and PUD General Plan for The Rottlund Company, Inc. for
property located in the northwest quadrant of Highway 55 and Revere Lane.
Roll Call Vote. 7 Ayes. MOTION approved unanimously.
MOTION by Commissioner Koehnen, seconded by Commissioner Ribbe recommending
approval of an Interim Use Permit for The Rottlund Company, Inc. for property located in
the northwest quadrant of highway 55 and Revere Lane.
Chairman Stulberg stated he would vote against the motion, as he feels more parking is
needed. Commissioner Thompson concurred. Commissioner Koehnen said that she lives
in a similar development, and that she feels the proposed parking would be more than
adequate. Commissioner Ribbe stated that the price range of the units will attract single
professional individuals and doesn't think there will be a spillover of parking to other
developments. Chairman Stulberg stated that he is concerned with snow removal.
Roll Call Vote. 3 Ayes. MOTION failed on a 3-4 Vote. (Commissioners Stoebner,
Thompson, Berkowitz and Chairman Stulberg voted Nay.)
MOTION by Chairman Stulberg, seconded by Commissioner Thompson recommending
denial of an Interim Use Permit for The Rottlund Company, Inc. for property located in
the northwest quadrant of Highway 55 and Revere Lane Roll Call Vote. 4 Ayes.
MOTION carried on a 4-3 Vote. (Commissioners Koehnen, Stein and Ribbe voted Nay.)
F. THE DAMONE GROUP (97094)
Chairman Stulberg introduced the request by The Damone Group for Planned Unit
Development General Plan Amendment for a 52 -resident senior assisted living residence
for property located at the southeast corner of Vicksburg Lane and 22"
d Avenue.
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August 12, 1997
Page #194
Planning Supervisor Senness gave an overview of the August 8, 1997 staff report.
Chairman Stulberg introduced Mike Parks, the petitioner. Mr. Parks stated that
Alternative Living Services (ALS) is a senior managing caregiver.
Chairman Stulberg introduced Linda Nelson, regional director for ALS in Minnesota. Ms.
Nelson stated that the concept is a homelike atmosphere to make an easy transition for
residents from their homes. The facility is locked and secured to prevent residents from
wandering. She stated that there is also a nursing staff on site.
Commissioner Ribbe asked if they limit their clients. Ms. Nelson stated that a resident
would have to be diagnosed or treated for memory loss. Commissioner Ribbe asked what
other developments they have done. Ms. Nelson replied that they do not have any Claire
Bridge models yet, but have been approved in three other cities to build their facility. She
stated that they are based out of Wisconsin in which they have 150 facilities.
Chairman Stulberg opened the public hearing
Chairman Stulberg introduced Chris Chiles of 16120 21st Avenue north. Ms. Chiles stated
her support for the project over commercial use. She asked about a berm that was that
was missing from this plan that the residents thought would be along Vicksburg Lane.
Chairman Stulberg asked Ms. Chiles if she knew if the people that had already left were in
favor of or opposed to the project. Ms. Chiles responded that they were in favor of the
proposal.
Chairman Stulberg closed the public hearing.
Planning Supervisor Senness stated that the berm and landscaping across Vicksburg on
Steeplechase is more than substantial, and the developer is only required to screen the
parking. Director Hurlburt asked if the plan ever indicated a berm along Vicksburg. Mr.
Parks replied negatively, but that he did discuss a berm along Vicksburg Lane with the
residents and said he would be happy to comply as long as it doesn't kill the vegetation.
He said that a large berm in not possible. Chairman Stulberg asked if a three foot berm
would fit. Jennifer Posma, Civil Engineer for the project, stated that it may be possible for
a two to three foot berm along a portion of it. She stated that it would work better
without the berm, but could possibly fit it in.
MOTION by Commissioner Ribbe, seconded by Commissioner Thompson recommending
approval of a Planned Unit Development General Plan Amendment for The Damone
Group for property located at the southeast corner of Vicksburg Lane and 22"d Avenue.
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August 12, 1997
Page #195
MOTION to Amend by Chairman Stulberg, seconded by Commissioner Koehnen
directing staff and the petitioner to look at what and how much of a berm could be placed
along Vicksburg Lane.
Roll Call Vote on MOTION to Amend. 6 Ayes. MOTION approved on a 6-1 Vote.
Commissioner Thompson voted Nay.)
Roll Call Vote on Main MOTION. 7 Ayes. MOTION approved unanimously.
MOTION by Commissioner Thompson, seconded by Commissioner Stoebner
recommending approval of an Ordinance amending Chapter 21 of the City Code to amend
PUD 81-1 for property located at the southeast corner of Vicksburg Lane and
22nd
Avenue North and the Findings of Fact for Amending the Zoning Ordinance Text for
property located at the southeast corner of Vicksburg Lane and 22nd Avenue North. Roll
Call Vote. 7 Ayes. MOTION approved unanimously.
Chairman Stulberg stated that he may not be at the August 26 Planning Commission
meeting. Commissioners Koehnen and Berkowitz also noted conflicts. Commissioner
Thompson stated that he may be able to make the meeting.
MOTION by Commissioner Ribbe, seconded by Commissioner Thompson to adjourn.
Vote. 7 Ayes. The meeting was adjourned at 1:43 a.m.