HomeMy WebLinkAboutFebruary 25, 1997
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CITY of ANDOVER
Andover Planning and Zoning Commission
Meeting Agenda
February 25, 1997
Oak View Middle School
7:00 p.m. 1. Call to Order
2. Approval of Minutes - February 11, 1997
3. Public Hearing: Special Use Permit (SUP 97-02) - Planned Unit
Development - Timber River Estates - Section 12, Township 32, Range
25 - Woodland Development Corporation.
4. Public Hearing: Preliminary Plat - Timber River Estates - Section 12,
Township 32, Range 25 -Woodland Development Corporation.
5. Public Hearing: Special Use Permit (SUP 97-03) - Retail Trade and
Services (Retail Landscaping Supply & Contracting Business) - 13540
Hanson Boulevard NW - Chris Beberg and John Skogman.
6. Public Hearing: Amend Comprehensive Plan/Land Use PlanJDistrict -
Amendment Related to Senior Housing Proposal - Adolfson &
PetersonlPresbyterian Homes of Minnesota.
7. Ordinance Review:
Ordinance No. 206, Licensing of Contractors
Ordinance No. 207, Regulating and Keeping of Equines
Ordinance No. 209, Providing Salaries of the Mayor & Council
Members
Ordinance No. 211, Abolish the Position of City Clerk/Treasurer and
Creating the Position of City Clerk and City Treasurer
Ordinance No. 212, Street Name Changes
8. Other Business
9. Adjournment
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CITY of ANDOVER
ANNING AND ZONING COMMISSION MEETING - FEBRUARY 25, 1997
MINUTES
The Regular Meeting of the Andover Planning and Zoning Commission was
called to order by Chairman Randy Peek at 7:00 pm, Tuesday, February 25, 1997
at the Oak View Middle School, 15400 Hanson Boulevard NW, Andover, MN.
Commissioners Present: Apel, Barry, Leudtke, Squires, Wells, Gamache (arrived
at 7:10 pm)
Also Present: David Carlberg, Community Development Director;
Jeff Johnson, Zoning Administrator;
John Hinzman, City Planner;
Todd Haas, Assistant City Engineer;
Others
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Approval of Minutes
February 11, 1997 - Mr. Carlberg asked that on page 4, the second paragraph, it
should read" ..last week" rather than last year.
Motion by Leudtke, seconded by Barry to approve the minutes of February 11,
1997 as corrected. Motion carried unanimously.
Public Hearing-Special Use Permit - Planned Unit Development - Timber
River Estates
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Mr. Carlberg explained that the property to be developed is located in Section 25,
Township 32, Range 25. A Planned Unit Development allows residential
subdivisions submitted under density zoning provisions, multi-use structures
such as apartment buildings with retail at ground floor level, commercial and
industrial developments, mixed residential and commercial developments and
similar projects. Density zoning permits lower density standards under
conditions whereby the number of dwelling units permitted is not greater than
permitted by the application of the regular provisions of the zoning district. All
land excluded from the lot area requirements would be added onto public or
semi-public open space. Single family homes may be excluded from lot area and
setback requirements provided a Special Use Permit is issued. The City Council
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Regular Planning & Zoning Commission Meeting
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may require all land excluded from the lot area to remain in private ownership.
Mr. Carlberg noted that the purpose of the Planned Unit Development, governed
under Ordinance 112, is to provide for and permit flexibility of site design and
architecture for the conservation of land and open space through clustering of
buildings and activities. The proposed plat consists of 183 acres with 79 single
family rural residential lots. Lot sizes range from 1 acre to 8.85 acres with an
average lot size of 3.55 acres. The riparian lots on the Rum River are a minimum
of 4 acres in size as required by Ordinance 52, the Scenic River Ordinance. He
noted that the proposed PUD provides for a density increase of 20% above the
zoning district requirement.
Mr. Carlberg stated that one of the issues is the connection of Argon Street to the
south. During the sketch plan the connection was removed as part of the public
process. There was a petition submitted which indicated that the neighbors to
the south do not want to see that connection. The Fire Department had
requested that the connection be made for safety reasons.
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Commissioner Wells stated that it was her understanding that a variance would
be required for acreage. Mr. Carlberg explained that variances are being
requested for lot area and lot width requirements.
Byron Westlund, Woodland Development Corporation stated that this was
submitted as a sketch plan almost a year ago and Council reviewed it in May
1996. During that time Ordinance 102 was amended and approved. Woodland
Development has done its best to follow that ordinance. He noted that it's their
intent that the outlots will be fully developed, preserving the natural amenities
of the land. He stated that the number of lots has changed from 85 lots on the
sketch plan to the 79 lots on the preliminary plat. In exchange for density it is
their plan to improve the park area in the southern part of the plat with a soccer
field or baseball field, a fishing pier, walking trails and picnic shelters. Outlot B
is a wetland that will be an unimproved park area with observation blinds.
Outlot A is detention ponding with walking trails and benches around it. The
plat will have restrictions and covenants such as architectural standards and a
minimum square footage for the homes. There will be brick entry signs on each
side of the street entering the plat.
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Regular Planning & Zoning Commission Meeting
February 25, 1997 - Minutes
Page 3
MOTION by Wells, seconded by Barry to open the public hearing. Motion
carried unanimously.
Bill Cow, 16515 Argon Street NW stated that the sign in the field said there were
over 100 lots in the plat. Mr Westlund noted that there is no indication of the
number of lots on the sign. It only says that it's the site of a future development.
Barbara Cow, 16515 Argon Street NW presented several letters from neighbors
expressing opposition to the extension of Argon Street.
Bob Stratton, 16566 Argon Street NW asked if Argon Street is still an issue.
Commissioner Apel noted that it is not shown on the plat at this time.
Ed Wilson, 16831 Argon Street NW asked what is happening to the water as
they don't want a problem like they had in the past. He also asked for more
information on the proposed park.
Chairman Peek explained that the water management will be addressed during
the preliminary plat discussion.
Ernie pfannschmidt, 1710 - 3rd Avenue South, Anoka stated that this property
has been in his family for three generations and when the plat is finished he
plans to move there. He can't understand why the process takes so long. He felt
that the wetland adds to the quality of the property. He also stated that the area
to the south had water problems because when the street was constructed no
culverts were installed.
Cary Ladyka, 16360 Zuni Street NW asked if it was the Fire Department's idea to
extend Argon Street and what benefit it is to them. He said that with 80 houses
going in there, there will be 80 - 120 additional cars going down the street.
Bob Stratton felt that County Road 7 would be a much safer route for the Fire
Department to take.
Irwin Russell, 16850 Argon Street NW suggested that one of the streets could be
a straight road out of the plat rather then extending Argon Street. He noted that
it is easier to plow a straight road and easier for an emergency vehicle to get in
and out.
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February 25, 1997 - Minutes
Page 4
Ernie pfannschmidt stated that straight roads are not possible when the
topography is what it is; you have to skirt the wetland.
Mr. Carlberg reminded the Commission that discussion on Argon Street would
be discussed during the next item and they should be discussing the variances to
the zoning ordinance.
Tim Sturgeon, 16555 Yakima Street NW noted that his concern is that Argon
created a dam setup and they ended up with four to six inches of water. He
wanted the developer to make sure that they are getting good planning for
drainage.
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Byron Westlund stated that regarding the park issue, there will be a
neighborhood community park in the southwest part of the plat. There are trails
to different areas within the subdivision. Within the park area there will be a tot
lot, picnic tables and barbecues, and a canoe resting area. Most of the storm
water will be directed to the ponding area where it will be retained.
Frank Skubitz, 16648 Maniteau Boulevard - didn't feel a park was necessary in
this area as there is an Anoka County park about a half mile away. Byron
Westlund explained that the Comprehensive Plan indicates some type of
neighborhood park in this area.
Carol Dixon, 16434 Zuni Street NW asked who is responsible for the upkeep of
the outlots and if this plat will be developed in phases. Mr. Westlund stated that
the outlots will be dedicated to the city and the plat will be done at one time, not
in phases.
Irwin Russell noted that he farms the area south of the proposed plat and wanted
to know if there would be fencing to prevent vehicles from driving through. Mr.
Westlund stated that he is not proposing fencing.
Tohn Wegner, 17125 Roanoke Street NW asked if the property could be platted
into 2-1/2 acre lots. Mr. Carlberg noted that the area is zoned for 2-1/2 acre lots
at this time.
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Regular Planning and Zoning Commission Meeting
February 25, 1997 - Minutes
Page 5
Mr. Wegner felt that because they are not platting 2-1/2 acre lots, the benefits
have to be enough to offset the additional people coming in there.
lohn Wegner expressed concern about the covenants and restrictions, asking
what the minimum dollar value of the homes will be.
Mr. Westlund explained that a dollar value can be very arbitrary because of
fireplaces, etc. They try to control that by the square footage requirements. He
estimated that the homes would range in cost from $170,000 to $400,000. He
noted that they have a good working relationship with the building inspectors
and if they don't see our signature on the building plans they will not issue a
permit.
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Tim LaRock, 16558 Zuni Street NW asked what the plan is for the sewer and
water on the smaller lots. Mr. Carlberg explained that this is a rural
development and they will have private septic systems and wells. There will be
enough room on each lot for 2 5,200 square foot septic systems (one primary and
one secondary). Mr. Westlund noted that in the easterly portion of the
property there are Zimmerman sands and closer to the river you have clay and
junkier soils. They tried to cluster the homes where the Zimmerman sand is;
MOTION by Wells, seconded by Leudtke to close the public hearing. Motion
carried unanimously.
Commissioner Squires questioned the number of lots proposed as he felt that the
4 acre riparian lots should be taken into consideration when figuring the 20%
density.
Mr. Westlund didn't think that the ordinance was written that way. He stated
that it is frustrating to have this come up now, after working on it for almost a
year.
Discussion continued on the correct way to figure the density because of the
riparian lots. Commissioner Peek noted that if you figure the 4 acre lots
separately, 4 lots would be lost.
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Regular Planning and Zoning Commission Meeting
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Todd Haas explained the park dedication requirement noting that this is a 180
acre plat and the requirement as established by the ordinance would be 18 acres,
which would be 10 percent. The developer is proposing to dedicate 6.8 acres and
the balance will be cash in lieu of land.
Commissioner Wells noted that there has been a significant attempt to not
degrade the area by clear cutting the land. If it's a difference in losing 100 year
old trees along the river versus adding more lots, she would not disagree with
the increase in density.
Commissioner Barry felt that if this property were developed into 2-1/2 acre lots,
it would probably be laid out with straight roads and blocks.
Mr. Westlund explained that they tried to incorporate a lot of the externalities
into this plat such as wetland buffers.
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Chairman Peek felt that the developer has met the four criteria for approval. He
did feel that the area should be recalculated because of the riparian lots needing
to be 4 acres in size. Commissioner Leudtke agreed noting that since this is the
first development under Ordinance 112 it needs to be done right. Commissioner
Gamache felt that the plat shows the developer has worked very hard with the
city. His position is that they have met the 4 criteria.
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MOTION by Apel, seconded by Wells that the Andover Planning and Zoning
Commission forward to the City Council with the recommendation of approval
the resolution granting the Special Use Permit of Woodland Development as
presented by staff.
Vote on Motion: Yes - Wells, Gamache, Apel, Barry; No - Squires, Peek, Leudkte.
Motion carried on a 4 yes, 3 no vote.
AMENDMENT TO MOTION by Apel, seconded by Wells that the following be
added to the resolution: WHEREAS, the base line has been established at 79 lots
which includes the 20 percent density increase in meeting the four criteria for
density increases. Amendment carried.
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Regular Planning and Zoning Commission Meeting
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Public HearinglPreliminarv PIat/Timber River Estates
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Mr. Carlberg reviewed the request, noting that the property is currently zoned R-
1, Single Family rural with a portion designated as Scenic River. The proposed
plat is outside of the Metropolitan Urban Service Area and will be developed
with private wells and septic systems. The subdivision will be developed as a
Planned Unit Development and will consist of 79 single family residential lots.
The developer is responsible to obtain all necessary permits from the Coon Creek
Watershed, DNR, Army Corps of Engineers, etc. Variances are being requested
for lot area and lot width as a part of the development of the PUD, maximum
length of a block (170th Lane and 170th Avenue), and minimum width of 150'
and a minimum depth of 150' (the one acre lots will not meet these
requirements). A geotechnical engineer will be used to review and certify that a
lesser than 3' for the lowest floor above the seasonal high water mark can be
achieved. The developer is proposing a trail system constructed of 4" of Class 5.
A bituminous parking lot for the park along the Rum River is proposed. A
permit from the DNR will be required to cross or fill a protected wetland at 171st
Avenue NW. The Fire Department is concerned with limited access to the
western portion of the plat.
Byron Westlund, Woodland Development, noted that they have met with the
City Council and asked them to co-sponsor their application for the wetland fill
permit. Their application has been submitted to the Lower Rum River Water
Management Organization and they haven't heard from them as of this date. In
October or November they were granted a Special Use Permit for the sign.
Mr. Carlberg noted that the Special Use Permit was for a temporary real estate
sign and they would need to apply for another Special Use Permit for the area
identification sign, which would be permanent.
Chairman Peek asked Mr. Westlund to address the storm water management
plan. Mr. Westlund explained that they reduced the runoff and flow. Pre-runoff
was 69.1 CFS and post-runoff would be 60.2 CFS. Through the use of storm
piping, they have been able to take the water from the north and divert it to the
west rather than to the east where it normally would go.
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Regular Planning and Zoning Commission Meeting
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Page 8
Barbara Gow asked where the water in the southern part of the plat will go. Mr.
Westlund noted that it will follow its natural course. They are not adding any
more water.
Todd Haas stated that it would take more than a 6 inch rainfall before the pond
would overflow.
MOTION by Wells, seconded by Leudtke to open the public hearing.
Ed Wilson, 16831 Argon Street NW stated that if Argon Street is extended, a
permit from the DNR would be required because it's a wetland. Mr. Carlberg
noted that a permit would not be required because it's not a protected wetland.
Discussion centered on the extension of Argon Street with Commissioner Apel
stating that a neighborhood would be destroyed if it were extended. All of the
Commissioners opposed the extension of the street.
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lohn Wegner asked if the impact on the traffic coming out on 7th Avenue had
been looked at. Mr. Carlberg explained that there are certain separations
required between city streets onto county roads. The county has looked at the
plan and has approved it.
MOTION by Wells, seconded by Barry to close the public hearing. Motion
carried.
The Commission discussed the variances that would be required agreeing that
the basic purpose of a PUD is to negotiate with the developer because of special
features of the property. The surfacing of the proposed trails was discussed. Mr.
Westlund felt that because the trails are in marginal soils, bituminous would
need to be repaired more often than if Class 5 were used. Mr. Haas noted that
the Park Board wants to concentrate on trails in the urban area. In the rural area
it's too hard to construct a trail system, The current road shoulders should be
used for bike trails.
MOTION by Apel, seconded by Wells that the Planning and Zoning Commission
forward to the City Council with a recommendation of approval a resolution
approving the preliminary plat of the planned unit development of Timber River
Estates by Woodland Development Corporation with a change to Item #3 to say
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Regular Planning and Zoning Commission Meeting
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that a variance from Ordinance 8, building area because of fact that this is a PUD
and that all trails be surfaced as proposed by the developer indicating certain
areas as bituminous and certain areas as Class 5. Item #14 be added saying that a
variance be ranted for the developer to request a Special Use Permit for signage
at a later date.
Vote on Motion: Yes - Apel, Gamache, Barry, Wells, Leudtke; No - Squires, Peek.
Motion carried. This will go to the City Council on March 18, 1997.
Public Hearing/Comprehensive Plan Amendment
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Mr. Hinzman reviewed the request for an amendment to the Comprehensive
Plan to create an RM-2, Residential Multiple Dwelling land use district and to
change the land use district from RU, Residential Urban Single Family and C,
Commercial to RM-2, Residential Multiple Dwelling for the property at 3331
Bunker Lake Boulevard. The purpose of the proposed amendment is to
accommodate senior citizen housing as proposed by Presbyterian Homes and
Adolfson and Peterson. Minnesota Statutes Chapter 473.858 states "If the
comprehensive municipal plan is in conflict with the zoning ordinance, the
zoning ordinance shall be brought into conformance with the plan..after August
1,1995, a local government unit shall not adopt any fiscal device or official
control which is in conflict with its comprehensive plan."
Mr. Hinzman explained that the development will be a 130-140 unit senior
housing facility on the Round Barn site. At the present time, the Comprehensive
Land Use Plan designates this area as C, Commercial and RU, Residential Urban
Single Family. The property is currently zoned SC, Shopping Center and R-4,
Single Family Urban. The applicant proposes to rezone the parcel to M-2,
Multiple Dwelling and to develop the parcel as senior housing under the
planned unit development ordinance. A rezoning to M-2 would be inconsistent
with the current land use designation; therefore, an amendment to the
comprehensive plan is necessary.
Dave Carlberg noted that a Special Use Permit was issued several years ago to
allow the operation of the Round Barn.
Commissioner Gamache asked if the developer is looking at this site because of
the proximity to the Downtown Center. Mr. Hinzman stated yes, the seniors will
be able to walk to the Downtown Center and there is also a bus line nearby.
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Regular Planning and Zoning Commission Meeting
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Commissioner Squires noted that changing the Comprehensive Plan doesn't
mean that we're opening up the whole city to that zoning district. Mr. Carlberg
explained that if you have an RM-21and use district you can designate what is
going to be in those specific areas. He also noted that if this amendment is
approved it will then go to the City Council and the Metropolitan Council and if
it is approved, the applicant can then apply for a rezoning and a Special Use
Permit for the Planned Unit Development.
MOTION by Barry, seconded by Wells to open the public hearing. Motion
carried.
Tim Casey, 3312 -139th Lane NW is opposed to the amendment. He stated that
when the people in Woodland Creek bought their homes they purchased them at
a premium price. The value of their homes will go down is this is allowed to go
in. The commercial piece of property was zoned for neighborhood conveniences.
He didn't feel this use belongs in this area.
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Mike Tarek, 3321-138th Avenue NW didn't think this use belongs in this area.
He stated there is a lot of land in the city that is better suited for this type of
development.
Shelly Chapin, 3132 -139th Avenue NW thought this is a good idea for the city
but felt the location was wrong. It's an ideal place for seniors but it's not a good
fit for the neighborhood.
Mr. Carlberg explained that based on the current zoning it can be single family
homes on 80' x 130' lots.
Charles Kemp, 3322 -138th Lane NW stated that the amount of traffic would
increase and he is opposed to the whole proposal.
Mark Madden, 3363 -138th when he moved here they were told that all of this
area was going to be single family homes. He is concerned with the traffic. He
asked what the next step in the process is.
Mr. Hinzman explained that the Metropolitan Council has to approve it and the
City Council. If it is approved, it goes through the rezoning process. This item
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Regular Planning and Zoning Commission Meeting
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will be on the March 4th City Council agenda. It was noted that the
Metropolitan Council requires a 60 day review period but it can take less time.
Mark Madden thought that the property values would go down if this is
allowed. He also noted that there are some huge trees that would have to be cut
down.
A resident of Woodland Creek asked what would happen if the senior citizen
died and willed the apartment to him. Would he be allowed to live there?
Tohn Mehrkens, Presbyterian Homes explained that he would not be able to live
there unless he is 55 years old. These properties are going to be rentals so the
question doesn't apply.
Several residents felt that because they are going to be rentals and if Presbyterian
Homes can't rent out the complex they could end up with something that is not
desirable.
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Toel Eberle, 13794 Orchid Street NW presented a petition requesting that the
property remain single family. He noted that previously the Mayor had asked
the developers to find a different location for this project.
Phyllis Erickson, 13824 Orchid Street NW stated that she is not necessarily
against it but was sympathetic with the neighbors. She felt that there could be
worse things than a senior housing project in the area. She would, however, be
against apartments.
Bonnie Kleese, 13782 Orchid Street NW stated that there are a lot of trees in her
backyard that will be cut down if this project goes in. She would be sad to see
this project put in this area.
Tim Casey didn't think it would be justifiable to the homeowners in Woodland
Creek to allow this to go through.
Tohn Mehrkens, Presbyterian Homes explained that they were brought into this
project because they felt this would be a perfect site for a senior housing
complex. They have developed projects in areas surrounded by residential in the
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Regular Planning and Zoning Commission Meeting
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past. He noted that the Round Barn is an integral part of the project. He further
noted that a neighborhood meeting was held several weeks ago and the residents
in the area requested that they do a study to determine if the property values in
areas where they have other projects have down. He noted that is a difficult
study to do because there are a number of variables involved.
MOTION by Barry, seconded by Wells to close the public hearing. Motion
carried unanimously.
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The Commission was asked to take a straw vote to indicate their feelings on the
project. Commissioner Apel stated that he couldn't go along with the proposal.
He stated that there are a lot of people in the city who want senior housing but
not in this area. Commissioner Barry noted that with all of the opposition that
has been heard she would agree with Mr. Apel. However, she didn't think that
this would create a lot of traffic. She felt that a single family housing project
would create more traffic. Chairman Peek stated that his concern is the multiple
housing. The Comprehensive Plan at this time indicates this area as a single
family site. Commissioner Gamache felt that if Presbyterian Homes backs out
within a year we don't know what we will end up with. He would be against
this change. Commissioner Wells stated that due to a conflict of interest she
would not comment. Commissioner Squires felt that the property would be a
good site for a senior housing project if the existing housing was not already
there. Commissioner Leudtke suggested that the soon to be formed
Comprehensive Plan Task Force look at where this project would fit in the city.
MOTION by Apel, seconded by Leudtke that the Planning and Zoning
Commission recommend to the City Council that the proposed amendment to
the Comprehensive Plan not be forwarded to the Metropolitan Council and that
they should not pursue this amendment at this time.
Motion carried on a 6 yes, I abstain (Wells) vote. This will go to the City Council
on March 4,1997.
Public Hearing/Special Use Permit/Retail and Trade Services/Beberg/Skogrnan
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Mr. Hinzman reviewed the request of Chris Beberg and John Skogman to
operate a landscape supply and contracting business at 13540 Hanson Boulevard,
the site of Roger's Auto Body. The property is zoned I, Industrial. Ordinance 8
allows retail trade and serviCes in an Industrial District by Special Use Permit.
MOTION by Wells, seconded by Barry to open the public hearing. Motion
carried unanimously.
Chris Beberg explained that they will be selling plants, trees, shrubs, dirt, and
mulch. Their hours of operation will be Monday through Friday 7:00 am to 8:00
pm, Saturday from 7:00 am to 5:00 pm and Sundays from 11:00 am to 4:00 pm.
Chairman Peek asked if there is adequate parking. Mr. Hinzman noted that
there is.
MOTION by Wells, seconded by Gamache to close the public hearing. Motion
carried unanimously.
MOTION by Wells, seconded by Leudtke to forward to the City Council a
resolution granting a Special Use Permit requested by Chris Beberg and John
Skogman to operate a retail trade and service facility on property o;.vned by
Roger Streich with the hours as stated by the applicant and with the condition
that at no time will material be located outside the building or outside the
storage area.
Motion carried unanimously. This will go to the City Council on March 18, 1997.
Ordinance Review
Jeff Johnson, Zoning Administrator, reviewed the following ordinances:
Ordinance No. 22 - Licensing of Contractors. Mr. Johnson noted that the
building department will be rewriting this ordinance.
Ordinance No. 23 - Keeping of Equines. The Equestrian Council met and
recommended the changes as suggested by staff.
Ordinance No. 24, Providing Salaries for Mayor and Council Members. This
ordinance will be repealed and replaced by Ordinance 209.
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Ordinance No. 26 - Abolishing the Position of City Clerk-Treasurer and Creating
the Positions of City Clerk and Treasurer. This ordinance will be repealed and
Ordinance 211 will take its piace.
Ordinance No. 27 - Street Name Change. All ordinances changing or renaming
streets will be repealed and Ordinance 212 will take their place.
The commission had no comment on the ordinances.
MOTION by Leudtke, seconded by Squires to adjourn. Motion carried
unanimously.
Meeting adjourned at 11:55 p.m.
Respectfully submitted,
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Vicki V olk
Acting Recording Secretary
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