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HomeMy WebLinkAboutNovember 26, 1996 (J ,~, \J o o o CITY of ANDOVER Andover Planning and Zoning Commission Meeting Agenda Oak View Middle School November 26, 1996 7:00 p.m. 1. Call to Order 2. Approval of Minutes - November 12, 1996 3. Public Hearing: Rezoning (REZ 96-03) - Rezone property from R-l, Single Family Rural to R-4, Single Family Urban - Crown Pointe East Second Addition - Section 25 - Ashford Development Corporation. 4. Public Hearing: Preliminary Plat - Crown Pointe East Second Addition - Section 25 - Ashford Development Corporation. 5. Public Hearing: Lot Split/Variance (L.S. 96-09) - 4040 South Enchanted Drive - Linda and James Kaldahl. 6. Public Hearing: Special Use Permit (SUP 96-22) - Non- conforming Home Occupation - 15785 Nightingale Street NW - Lawrence Cardinal Jr. 7. Ordinance Review Continued: Ordinance No. 15, MN State Building Code - Repealed Ordinance No. 17, Driveway Construction Standards Ordinance No. 18, Street Name Change Ordinance No. 19, MN State Building Code 8. Other Business 9. Adjournment () o o CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.w. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 PLANNING AND ZONING COMMISSION MEETING - NOVEMBER 26, 1996 MINUTES The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Jay Squires on November 26, 1996, 7:05 p.m. at the Oak View Middle School, 15400 Hanson Boulevard NW, Andover, Minnesota. Commissioners present: Commissioner absent: Also present: Randy Peek, Jerry Putnam, Lorna Wells Maynard Apel, Lynette Barry, Jeffrey Luedtke City Building Official, David Almgren City Engineering, Todd Haas Planning Intern, John Hinzman City Planning, Jeff Johnson Community Development Director, Dave Carlberg Others APPROVAL OF MINUTES November 12, 1996: Correct as written. MOTION by Peek, Seconded by Wells, to approve as presented. Motion carried on a 3-Yes (Squires, Peek, Wells), 1-Present (Putnam), 3-Absent ~ (Apel, Barry, Luedtke) vote. o PUBLIC HEARING: REZONING - REZONE PROPERTY FROM R-l, SINGLE FAMILY RURAL, TO R-4, SINGLE FAMILY URBAN - CROWN POINTE EAST SECOND ADDITION - SECTION 25 - ASHFORD DEVELOPMENT CORPORATION 7:06 p.m. Mr. Hinzman reviewed the request of Ashford Development Corp. to rezone property from R-1, Single Family Rural, to R-4, Single Family Urban for the proposed subdivision to be known as Crown Pointe East Second Addition. The property consists of 31.67 acres, is in the MUSA, and is scheduled for development in the 1995-2000 time frame. MOTION by Wells, Seconded by Putnam, to open the public hearing. Motion carried on a 4-Yes, 3-Absent (Apel, Barry, Luedtke) vote. 7:08 p.m. There was no public testimony. MOTION by Wells, Seconded by Putnam, to close the public hearing. Motion carried on a 4-Yes, 3-Absent (Apel, Barry, Luedtke) vote. 7:08 p.m. Mr. Hinzman noted the property is adjacent to R-4 zoning on the south and west sides. Mr. Carlberg reported the school district has not responded to the rezoning or to the proposed plat. MOTION by Peek, Seconded by Putnam, to forward the Staff prepared ordinance amendment to the City Council with a recommendation for approval. Motion carried unanimously. This will be placed on the December 17, 1996, City Council agenda unless the developer formally requests it be continued to the first meeting in January. 7:11 p.m. , "- u (j Regular Andover Planning and Zoning Commission Meeting Minutes - November 26, 1996 Page 2 (j PUBLIC HEARING: PRELIMINARY PLAT - CROWN POINTE EAST SECOND ADDITION - SECTION 25 - ASHFORD DEVELOPMENT CORPORATION 7: 11 p. m. Mr. Carlberg reviewed the proposed preliminary plat for Crown Pointe East Second Addition which consists of 70 single family residential lots. Variances are being requested to allow the existing driveway from the home on Block 4, Lot 16 to continue to access Prairie Road. There are several accessory structures on the property that will be removed as a part of the development; however, the property owners will then be required to construct a 440 square-foot garage to meet ordinance requirements. An option would be to construct a garage to access off 142nd Avenue; but the owners prefer the construction of an attached garage to the south side of the house. As proposed, the driveway would then access Prairie Road. The second variance is from the setback requirement of prairie Road, as the existing single family dwelling encroaches into that setback 9.7 feet. The Park and Recreation Commission will review the plat at its December 19 meeting, but cash in lieu of land was recommended at the review of the sketch plan. There is no request for a monument sign. ~ ) Mr. Haas outlined the proposed trail system in the vicinity, anticipating at some point a trail would be constructed along the east side of Prairie Road from the Shadowbrook plat where that trail is now being constructed north to Andover Boulevard. It has been the determination of the Park Board and City Council that a trail is not needed within the plat itself. MOTION by Putnam, Seconded by Well, to open the public hearing. Motion carried on a 4-Yes, 3-Absent (Apel, Barry, Luedtke) vote. 7:22 p.m. Sharon Becker, 14246 Ouince Street NW - asked why there are no parks for the children in these new developments. The kids end up playing in the streets. Mr. Haas reviewed the policy of the Park Board to concentrate on improving the regional parks and noted those parks and proposed trails in the vicinity that are available for the residents in this area. Ken Scheneman, 709 141st Avenue NW - asked how much of the woods will be taken out. He borders the back of the woods. He also asked about a proposed exit between the lots connecting 141st and 142nd. Jerrv Windschitl, Ashford Development Corporation explained the attempt has been not to remove the trees behind Mr. Scheneman, though some may be removed when a house is built on those lots. The lots are the same size as those along 141st Avenue. He also noted the other areas that will be left undisturbed, as they especially tried to save the mature oak trees. Both 141st and 142nd Avenues access prairie Road directly with no other connection between them. .r "- o Mr. Scheneman - was concerned with someone cutting down all of those buffer trees once the lots are sold. ,-- '\ I... ) , , u Regular Andover Planning and Zoning Commission Meeting Minutes - November 26, 1996 Page 3 ~j (Public Hearing: Preliminary Plat - Crown Pointe East Second Addition Section 25 - Ashford Development Corporation, Continued) Mr. Windschitl - stated typically people pay a premium for wooded lots and do everything they can to preserve them because they are valuable in the resale of the parcel. There is not a lot of oak wilt on the property, and there is a variety of trees in there. Mr. Windschitl also explained the existing house will be retained by the Chapmans. It is one of the older homes in Andover and is very nicely refurnished. The one variance request is the result of the large right of way for Prairie Road, which is 60 feet from center. Alan Chapman, 14212 Prairie Road NW - stated he has maintained his property over the years and cut out the diseased trees. The tornado in 1983 did a tremendous amount of pruning in the whole area, but there are some fabulous oaks. He's happy to see the efforts made to save those trees. He provided the Commission with picturers of his house. An option for them is to construct a free standing garage, which they don't want. There is also a problem because of the 16x37' deck along the back of the house which would have to be removed. The house was built in 1854. They would like to have a 2 1/2- to 3-car garage attached to the house on the south side with access directly to Prairie Road. They feel an attached garage would also lend itself aesthetically to the neighborhood. Now he has a limestone horseshoe driveway. He would propose a turnaround so they wouldn't have to back directly out onto Prairie Road. ~J MOTION by Wells, Seconded by Putnam, to close the public hearing. Motion carried on a 4-Yes, 3-Absent (Apel, Barry, Luedtke) vote. 7:42 p.m. Commissioner Putnam wondered if a condition could be made to the variance that if the house were destroyed or demolished, the access for the lot would then revert to 142nd Avenue. Mr. Carlberg stated the variance to the structure for the setback on Prairie Road would bring the house into compliance. If destroyed or demolished, the parcel would continue to have the right to access Prairie Road with the approval of the requested variance. The home will be connected to municipal sewer and water as a part of the project. Commissioner Wells felt the age of the house makes it unique and wondered if the historical value would preclude an attached garage. Considering the age of the house, she questioned the aesthetics of an attached garage. Mr. Chapman stated the house is not on the list of historical buildings. Several Commissioners expressed concern with adding more traffic to Prairie Road and also with allowing another access between two City streets. Mr. Haas said as the traffic increases, the problem increases of the northbound traffic wanting to turn left onto 141st and 142nd :) Avenues while other cars often illegally pass the turning vehicles on ~ the right. Having a private drive between those two streets can create a conflict and a potential safety problem. From a traffic standpoint, the request for a driveway onto prairie Road is not a good one. ~ ~) "j ,~./ () o Regular Andover Planning and Zoning Commission Meeting Minutes - November 26, 1996 Page 4 (Public Hearing: Preliminary Plat - Crown Pointe East Second Addition Section 25 - Ashford Development Corporation, Continued) Commissioner Peek noted the issue is whether denial of the variance on the access to Prairie Road will deny the reasonable use of the lot, He did not think reasonable use of the parcel would be denied, as it is possible to access 142nd Avenue and still meet all setback requirements. The other Commissioners generally agreed. MOTION by Peek, Seconded by Wells, to forward the Staff prepared' Resolution to the City Council with the recommendation for approval with the following change: Strike Item No. 1 and move the numbers of the other items so it becomes Items 1-5. Motion carried on a 4-Yes, 3- Absent (Apel, Barry, Luedtke) vote. This will be placed on the December 17, 1996, City Council agenda unless the developer formally requests it be continued to the first meeting in January. 7:55 p.m. PUBLIC HEARING: LOT SPLIT/VARIANCE - 4040 SOUTH ENCHANTED DRIVE - LINDA AND JAMES KALDAHL 7:55 p.m. Mr. Hinzman reviewed the request of James and Linda Kaldahl to split a .15-acre section from a 2. 66-acre parcel at 4040 South Enchanted Drive and to vary from the lot size on the newly created lot. A garage and TV satellite dish were mistaken constructed on this parcel by the eastern adj oining property owner. The intent is to sell the split parcel to the neighboring property owner. Simply moving the interior lot line is prohibited on platted property, necessitating this proposed lot split and variance. Both lots will exceed the minimum district requirements for an R-1, Single Family Rural residential lot upon approval of the lot split. A covenant will be recorded that legally binds the split .15-acre parcel with the neighboring parcel so' they cannot be sold separately. The applicant is requesting this procedure to be able to obtain a clear title so they can sell their property. Staff is recommending approval with conditions. Commissioner Wells asked about the time line and title to the parcel. Linda Kaldahl, 4040 South Enchanted Drive NW - believed their house was built in 1984 and the neighboring residence was built between 1984 and 1986. She also thought the garage was constructed in 1990, and they have been unable to find out when the satellite dish was erected. They moved to this parcel only two years ago, and the garage and satellite dish were in place when they purchased the property. She assumes that means they didn't have clear title when they bought the house. Chairperson Squires stated the Kaldahls are trying to sell their property and cannot because of the encroachments. While there may be other options, such as suing the neighbor to remove them, this is the request the Commission is to consider. Mr. Carlberg stated the City's requirements have changed since the garage was built so this type of mistake does not happen again. . MOTION by Wells, Seconded by Putnam, to open the public hearing. Motion carried on a 4-Yes, 3-Absent (Apel, Barry, Luedtke) vote.8:04 pm ~J ~J ~J r "- \.J f '\ U Regular Andover Planning and Zoning Commission Meeting Minutes - November 26, 1996 Page 5 (Public Hearing: Lot SplitjVariance-4040 South Enchanted Drive, Cont.) Ms. Kaldahl - stated they have been dealing with the situation for the past 18 months to try to come up with an amicable agreement. It became very clear to them that that was not going to be a possibility, as the neighbor was not willing to finish the deal without this much property. They do not want to go to court. They purchased the property not knowing the condition. About nine months after purchasing it, they did a survey and found out the property lines. That is when they found the encroachment on the property. They did not have title insurance. Mr. Carlberg stated the satellite dish is a large one, mounted on a pole. Staff would treat it like a structure and require that it be 10 feet off the property line. This is 47 feet from where it should be. They want to sell their property but are unable to do so until this is resolved. Commissioner Wells asked if the City has legal recourse to have the satellite dish removed. Mr. Carlberg believed it is a private issue that would have to go through the court system to be resolved. MOTION by Putnam, Seconded by Wells, to close the public hearing. Motion carried on a 4-Yes, 3-Absent (Apel, Barry, Luedtke) vote. 8:10 p.m. Commissioner Putnam felt this is an unusual way to solve this dilemma and was concerned with setting a precedent. He was not as concerned with the garage encroachment as with the satellite dish. Mr. Carlberg stated the Commission has dealt with similar situations regarding garage or home encroachments, but he is not aware of one involving a satellite dish. Commissioner Peek stated he would be more concerned if the parcels would not conform to the setbacks and acreage requirements after the lot split. It would be somewhat arbitrary to force another procedure upon the applicant who made the decision based on more knowledge that the Commission has. They are not creating a nonconforming situation by giving the variance. Commissioner Wells disagreed, stating the garage is in, but the satellite dish is movable. She felt the City is setting precedent. The dish is set back 47 feet more than allowed in a rural area. If it was an urban area, it would be in the middle of someone's back yard. Mr. Carlberg cautioned the review is of the lot split and variance, not the structures and their setbacks. It is a process of carving a small piece of land and joining it legally to another parcel. Chairperson Squires noted the covenant would require the split parcel be attached to the neighboring lot, so two conforming lots are left. There would be no setback problems. MOTION by Peek, Seconded by Putnam, to forward the Staff prepared Resolution to the City Council with a recommendation for approval. DISCUSSION: Commissioner Wells stated she agrees with the lot split but disagrees with its size. Motion carried on a 3-Yes (Squires, Peek, Putnam), 1-No (Wells), 3-Absent (Apel, Barry, Luedtke) vote. This will be on the December 17, 1996, City Council agenda. 8:11 p.m. o o Regular Andover Planning and Zoning Commission Meeting Minutes - November 26, 1996 Page 6 ~_J PUBLIC HEARING: SPECIAL USE PERMIT - NONCONFORMING HOME OCCUPATION - 15785 NIGHTINGALE STREET NW - LAWRENCE CARDINAL JR. 8:11 p.m. Mr. Johnson reviewed the request of Lawrence Cardinal Jr. to operate a nonconforming home occupation, an auto body repair and refinishing business, in a detached garage at 15785 Nightingale Street NW. He reviewed in detail the conditions to consider as outlined in the Staff report. The Fire Marshall and Building Official did not inspect the site. There have been no complaints about this business and no comments from the neighboring residents regarding the Special Use Permit request. Commissioner Putnam stated he is a neighbor and will abstain from voting, though he does wish to comment. commissioner Wells asked how far the business was from the school. She was concerned with the ground water and thought this should be tabled until the Fire Marshall or OSHA or other state representatives review the site as they would in a commercial area. Staff stated the school is about a mile to the east. This would have no impact on the school. It is also about one-half mile from the nearest church. The lot meets all setback requirements within the R-4 zoning district. As far as Staff knows, the septic system is up to code, but that has not been inspected. The water would not be tested unless the Commission requested it. Staff asked for direction on what role the Building Official and Fire Marshall should have in the requests to operate nonconforming home occupations. (] The Commission and Staff discussed just what criteria should be used in reviewing these particular requests. Staff noted there are state building code requirements for this type of business i however, the situation here is being operated in a residential area. Does the City want to let Mr. Cardinal continue to operate or to require it to meet all requirements which may mean closing it down? The Commission was concerned with the City's life safety liability if it grants a Special Use Permit knowing that there are state building code violations. They also felt they made it clear at the last meeting that they wanted the feedback from the Building Official and Fire Marshall on these matters, so those inspections should be done before the item even comes to the Commission. /,\ ,--j Mr. Almgren reviewed the list of building code general requirements for an autobody shop with spray painting area whether it is in a residential or commercial area. This was not the complete list of requirements, and he did not know which requirements were being met and which were not. The Commission questioned whether the 1994 code would apply or the one in effect in 1983 when the business was started. Mr. Carlberg stated the intent of the ordinance amendment was to control those existing occupations between that window of time, allowing them to operate as they are but not to go beyond that. It was not the intent to require building new structures to house the business. The issue is determining which criteria must be met. Mr. Almgren is looking at the current building code. The City does not have the authority to waive code requirements. Mr. Almgren then stated he doubted there would be many differences between the current code and that in effect in 1983. u " \ V Regular Andover Planning and Zoning Commission Meeting Minutes - November 26, 1996 Page 7 .~ (Public Hearing: Special Use Permit - Nonconforming Home Occupation - 15785 Nightingale Street NW - Lawrence Cardinal Jr., Continued) Commissioner Wells was very concerned with the City's liability if a permit is approved without meeting code requirements and, the worse case, a fire or explosion occurred. It would end up being the taxpayers' liability for fire fighting, environmental clean up, etc. Commissioner Putnam stated there is that potential, but the size of this operation would not result in that kind of issue. Lawrence Cardinal Jr - stated he has a three-car garage with a seven- foot ceiling. There is no water to the building, and there wouldn't even be room for a watercloset and lavatory, which was mentioned by the Building Official as a requirement. He explained he normally has no more than a gallon of VOC on site, except for the last seven months when he purchased about four gallons. He buys paint in pints and the hardener in gallons because of the cost. There is hardly any waste because everything is low VOC. The size of the shop is very small and there is no place to add onto the building. Commissioner Peek felt there needs to be some dialogue between the applicant and City Staff and, that this application is premature. ~J Commissioner Wells asked if the City knew the purpose for the building when the permit was granted. Mr. Almgren stated the permit was for the construction of a garage. Sometime later Mr. Cardinal asked about the ability to do auto body repair and painting, and he said that was not allowed. Mr. Cardinal - recalled Mr. Almgren stated if complaints were received, he would be shut down. Since 1983, there have been no complaints. He does not advertise. Much of his business is from people who work for the City or their friends and family. About one-half to two-thirds of his work is from cars he buys and repairs. ( \ o Mavor Jack McKelvey - stated the Council thought the ordinance amendment was necessary so they wouldn't have to deal with those nonconforming businesses that have been allowed to operate prior to 1990. Mr. Cardinal asked him if he could apply for this Special Use Permit. He knows Mr'. Cardinal and was concerned that the application could potentially put him out of business. He's had calls from several businesses who feel the Staff is simply wanting to put them out of business, and they will be watching what happens with this application. If this request is turned down, he predicted the City will not see any other applications. Mr. Cardinal has been in business since 1983 without a complaint or a fire call, and the City has done nothing about it. He started this business when he was out of work rather than go on welfare. Now the intent is to allow these home businesses so they start paying commercial taxes, which is not a problem for those people he has talked too. Many of the nonconforming businesses were in the City prior to most of the Staff members, and they now want to become legal. If Mr. Cardinal has to meet all of the codes mentioned by Mr. Almgren, then he might as well move down to the Commercial Park; and that isn't the intent of the ordinance. The Mayor speculated he had more hazardous material in his r' \ "-) '\ I.J Regular Andover Planning and Zoning Commission Meeting Minutes - November 26, 1996 Page 8 , " ~) (Public Hearing: Special Use Permit - Nonconforming Home Occupation - 15785 Nightingale Street NW - Lawrence Cardinal Jr., Continued) own garage than Mr. Cardinal does, and Mr. Cardinal keeps his paints in steel cans. Mr. Cardinal also has the top-of-the line equipment. The Mayor didn't want to see the Council spending hours dealing with these businesses. Mr. Carlberg stated Staff is not trying to get rid of these businesses. The intent was to work with them and phase them out or allow them to operate. The issue is where major codes and safety issues are brought forward. Commissioner Putnam stated he knows Mr. Cardinal and about his operation. Mr. Cardinal knows what he is doing, handles material properly and has good equipment. Mr. Cardinal purchased equipment specifically for cutting because he knows the potential fire hazard with paints. He suggested that the Building Official and Fire Marshal do an inspection, then the applicant and Staff discuss the situation and reach an agreement that is comfortable for both given the size of the operation. There are rules, but do all of them necessarily apply to this operation? Possibly some do not apply when only a small amount of paint is on hand. There may be a case when the operation is so large that there is a safety issue for that person, the family and the neighbors. He thought most of the conditions could be met with some simple things being done. That is why the inspections are necessary. The intent is to _ \ work with Mr. Cardinal and find solutions to keep him in business, not '-...J shut him down. Chairperson Squires felt the input from the experts on the fire and building codes is needed before a decision can be made. He agreed the procedure should be to have the inspections, then Staff work with the applicant to reach an agreement as to what needs to be done and what is acceptable to allow the business to continue. There needs to be flexibility and options in terms of what will be tolerated and what will not depending on the operation, quantities of chemicals, etc. Then the item should come to the Commission so they can look at the options and make a decision. He would also like to know from the City attorney under what circumstances or what changes in a particular use can they grant a particular permit so the Commission knows how much flexibility it has. Also, when dealing with state code, if there are conditions that do not comply with the code, does the City still have the ability to grant the Special Use Permit or not and under what circumstances. Commissioner Peek also asked for the Attorney's opinion on the point of origin. What code applies, the 1983 code when the business was established or today's code when the Special Use Permit is granted? Commissioner Putman wondered if the Building Official or Fire Marshal has the ability to grant equivalencies if something is not in compliance. The Commission should not have to debate how each case should be dealt with; that should be done before it gets to them. MOTION by Wells, Seconded by Peek, to table this item pending further ,\ information from Staff. Motion carried on a 3-Yes, 1-Present (Putnam), ',j 3-Absent (Apel, Barry, Luedtke) vote. Mr. Carlberg stated this will be brought back to the December 10 Planning and Zoning Commission meeting. 9:20 p.m. / " ~ ) ~ r ) \..J Regular Andover Planning and Zoning Commission Meeting Minutes - November 26, 1996 Page 9 , ) ..~ ORDINANCE REVIEW - ORDINANCE NO. 15, MN STATE BUILDING CODE - REPEALED Mr. Johnson stated the Building Official has recommended this ordinance can be repealed, as that portion of the code has been incorporated with Ordinance 19. The Commission agreed. ORDINANCE REVIEW - ORDINANCE NO. 17, DRIVEWAY CONSTRUCTION STANDARDS Mr. Johnson stated the Building Official and City Engineer have reviewed the ordinance. The Building Official had no comment other than the ordinance is necessary; however, the City Engineer made the following recommendations: reference to basement floor elevations should be revised to the current standards per Ordinance 10. Section 4, Surfacing: be revised to include urban and rural surfacing. Section 5, Culverts: all culverts shall be corrugated metal or equivalent. Culverts within the right of way shall meet all provisions and permit requirement from the Anoka County Highway Department. Also, the City Engineer would reserves the right to determine the size of the culvert. r " ! '--./ Commissioner Wells suggested that large culverts be required to be screened to prevent debris from going through and to prevent children from crawling through them. Mr. Almgren stated that any culvert in the county right of way must be approved by the County Highway Department. This ordinance deals strictly with residential driveways. Something could be added that if the culvert is over a certain size that trash guards would be required. The Commission had no further comment. ORDINANCE REVIEW - ORDINANCE NO. 18, STREET NAME CHANGE Mr. Johnson stated the City is required to make street name changes via an ordinance. The intent is to consolidate this with other street name ordinances. No change is being recommended. The Commission agreed. ORDINANCE REVIEW - ORDINANCE NO. 19, MN STATE BUILDING CODE Mr. Johnson stated the intent is to consolidate Ordinance 19. The Commission agreed. OTHER BUSINESS Permanent employee Mr. Carlberg announced the City Council has authorized the permanent full-time position for a planner, so Mr. Hinzman will go to permanent full-time status as of January 1. One of his main duties will be update the Comprehensive Plan. A survey of the residents is being planned. , '\ '--._) December 24 meeting: Mr. Carlberg announced that the December 24, 1996, Planning Commission meeting is being cancelled due to the holidays. r " i. ) ,-' . .. r I '...../ Regular Andover Planning and Zoning Commission Meeting Minutes ... November 26, 1996 Page 10 '--...) (Other Business, Continued) Illegal snowmobiling - Commissioner Wells related an incident of two children driving through the Bill's Superette area along Bunker Lake Boulevard. They came from Coon Rapids and were not respectful of Andover's regulations. Mr. Carlberg reported on the efforts of the Andover Sno Dragons Snowmobile Club and the warning system that will be put in place. Also, the No Snowmobiling signs along Round Lake Boulevard will be lowered so they are easily visible by snowmobilers. Commissioner Wells requested the Snowmobile Club members patrol the City Hall and Sunshine Park areas. MOTION by Wells, Seconded by Peek, to adjourn. Motion carried on a 4-Yes, 3-Absent (Apel, Barry, Luedtke) vote. The meeting was adjourned at 9:46 p.m. )\R;~:~~L " I ~~cella A. Peach " ) Recording Secretary , '\ '- -)