HomeMy WebLinkAboutMay 24, 1988
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7:30 P.M.
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CITY of ANDOVER
REGULAR PLANNING AND ZONING COMMISSION MEETING - AGENDA
MAY 24, 1988
1. Call to Order
2. Approval of Minutes
3. Special Use Permit #88-04 (Bergeron) Public
Hearing, Continued
4. Special Use Permit #88-05 (Engels) Public
Hearing
5. Special Use Permit #88-08 (Minnesota Intrastate
Transmission Systems) Public Hearing
6. Rezoning #88-02 (Menkveld) Public Hearing
7. Red Oaks Manor 5th Addition Preliminary plat
Public Hearing
8. Crosstown Boulevard Variances
9. Schedule Special Meeting
10. Adjournment
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CITY of ANDOVER
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PLANNING AND ZONING COMMISSION
MAY 24. 1988
The regularly scheduled Andover Planning and Zoning
Commission meeting was called to order by Chairman Marjorie Perry
at 7:32 p.m., Tuesday, May 24, 1988, in the Council Chambers of
Andover City Hall, 1685 Crosstown Boulevard N.W., Andover,
Minnesota.
Commissioners present included Chairman Marjorie Perry, Bill
Bernard, Bev Jovanovich, Wayne Vistad and d'Arcy Bosell.
Commissioners absent were: Becky Pease and Don Jacobson. Also
present were City Planner, Daryl Morey and Assistant City
Engineer, Todd Haas.
APPROVAL OF MINUTES
Chairman Perry stated that the minutes for two Planning and
Zoning Commission meetings would have to be approved tonight
the April 26th minutes and the May 10th minutes.
Chairman Perry stated that the April 26th minutes contained
some typographical errors that needed to be corrected. Also
there should be a correction on page 10 regarding the New
Generation Homes item of the April 26th minutes to reflect four
yes votes, and three no votes and that the motion was carried.
Motion was made by Wayne Vistad, seconded by Commissioner
Jovanovich to approve the April 26, 1988 minutes as corrected.
All voted yes. Motion carried.
Chairman Perry stated that there were two minor corrections
to be made on the May 10th minutes -- the Bergeron item on page
eight should read trainer, not trainee. Also a typographical
error was made on page 9, "purchase mode" should be changed to
read purchase made.
Motion was made by Commissioner Bosell, seconded by Vistad
to approve the May 10, 1988 minutes as corrected. All voted yes.
Motion carried.
SPECIAL USE PERMIT #88-04 (BERGERON) PUBLIC HEARING. CONTINUED
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City Planner Morey asked that this item be tabled until the
June 14, 1988 meeting because Mr. Bergeron had informed Mr. Morey
that he will be buying out the Contract for Deed on June 1, 1988
and that he will become the fee owner of this additional property
at that time.
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Planning and Zoning Commission
May 24, 1988 Meeting Minutes
Page Two
Motion was made by Commissioner Vistad, seconded by
Jovanovich, to table this item until the June 14, 1988 meeting.
All voted yes. Motion carried.
SPECIAL USE PERMIT #88-05 (ENGELS) PUBLIC HEARING
City Planner Morey explained Mr. Engel's request for a
special use permit to allow a temporary dock, three feet by eight
feet, on the Rum River as required by Ordinance 52 (Scenic River
Ordinance), Section 6.02.01(5). The property is zoned R-1.
Mr. Gordon Engels, 5555 159th Avenue NW, stated he wanted to
make a change on his request from an eight-foot dock to a 12-foot
dock, because the river is so low.
Chairman Perry opened the public hearing.
Commissioner Bosell stated that the there might be special
circumstances because the river was so low that the DNR would
consider allowing greater than eight feet, but the guideline does
state eight feet. If Mr. Engels could obtain a written statement
from the DNR and the special circumstances involved, then the
Planning Commission could recommend that change.
Mr. Engels also stated that the permit fee was $160, and he
didn't feel he should have to pay that amount.
Commissioner Bosell checked with adjacent communities as to
how much their special permit fees were. In Ramsey, the fee for
the dock is based on the value of the dock. If the size dock
does not meet the size requirements, then the person would need a
conditional use permit and that fee is $50. For the City of
Anoka, their conditional use permit is also $50 and they have to
go through the public hearing process. Oak Grove Township is
regulated by the County of Anoka and their fee is $80 and they do
require a public hearing. The City of St. Francis does not
require a conditional use permit for a temporary dock and
therefore no fee is required. Ms. Bosell would recommend to the
City Council that Ordinance 52 be amended to indicate a fee
structure for the conditional use permit fee for $50 to cover
administrative costs. Ms. Bosell suggested that the City not
take any fee money from Mr. Engels at this time until this item
is heard by the City Council.
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Also, Ms. Bosell noted that at this time that the DNR is
preparing to bring to the legislature that a conditional use
permit not be required for a temporary dock.
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Planning and Zoning Commission
May 24, 1988 Meeting Minutes
Page Three
Motion was made by Commissioner Vistad, seconded by
Commissioner Jovanovich to close the public hearing.
Motion was made by Commissioner Bosell, seconded by
Commissioner Vistad to recommend to the City Council approval of
the Conditional Use Permit for the installation of a temporary
dock at the property described as 5555 NW 159th Avenue pursuant
to Ordinance No. 52, Section 6.02.01(5) and Section 10.06.01.
The request meets the intent of the Scenic River Ordinance as it
pertains to structures within the 150' ordinary high water
setback. It should be noted that the dock is temporary in
nature, shall be placed in the river no sooner than April 30th of
each year and shall be removed by October 31st of each year; that
the temporary dock shall not exceed the maximum dimensional
standards of a width of no more than four (4') feet and a maximum
length of eight (8') feet, it shall be removable by non-
mechanical means, and no extension into the river greater than
eight (8') feet. A public hearing was held and there was no
input. Upon a roll call vote Commissioners Bosell, Bernard,
Perry, Vistad and Jovanovich voted yes. Motion carried.
This agenda item will go to the City Council on June 7th
or the June 21st. It was suggested Mr. Engels call the City of
Andover to find out when this item will be heard by the City
Council.
SPECIAL USE PERMIT #88-=08 (MINNESOTA INTRASTATE TRANSMISSION
SYSTEMS) PUBLIC HEARING
Mr. Morey explained that the Minnesota Intrastate
Transmission Systems (MITS) is requesting a special use permit,
as required by Ordinance 8, Section 7.03, for a public utility
use not located in the public right-of-way.
MITS plans to install a 16-inch diameter natural gas
pipeline along a 31 mile route from Cambridge to Coon Rapids.
The proposed route will travel through Andover in a north-south
direction, adjacent to the Burlington Northern railway line.
The pipeline will enter the city from north adjacent to and
on the west side of the Burlington Northern railroad right-of-
way. Just north of Crosstown Boulevard, the pipeline crosses the
railroad tracks to run adjacent to them on the east. This allows
the pipeline to be placed on the other side of the railroad
tracks from the Hills of Bunker Lake residential subdivision.
South of Bunker Lake Boulevard the pipeline crosses back over to
the west side of the railroad tracks in order to avoid the
proposed expansion of the Bunker Hills Municipal Golf Course.
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Planning and Zoning Commission
May 24, 1988 Meeting Minutes
Page Four
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Mr. Morey also stated that the law firm representing MITS
indicates federal approval for construction of the pipeline has
been obtained. Also the EQB held public hearings on August 11,
and 20, 1987 and based on information contained in an EAW,
concluded that the proposed project would not cause significant
environmental effects.
Mr. Dennis Sandberg, employed by MITS, gave a slide
presentation which outlined the step-by-step processes involved
in the construction of the pipeline. In addition, Mr. Sandberg
answered questions regarding the safety of the project.
Mr. Sandberg also stated that MITS agreed to do a study to
show the compatibility of the pipeline on the site, and they have
agreed also to pay all the study costs.
Chairman Perry opened the public hearing.
Mr. Harold Sullivan, 15300 Prairie Road, owns property
adjacent to the Burlington right-of-way. He had concerns
regarding the pipeline being put next to the railroad, and the
safety of the vibration effects.
Mr. Sandberg responded that this was also the subject of
considerable debate and it was determined that the vibration
caused by the railroad would not cause a safety problem by the
pipeline.
Sophie Kozlowski, 1021 Crosstown Boulevard, spoke in favor
of the project.
Alice Ganter, 14915 Highway 65, owns property at 167th and
Ward Lake Drive. She had some concerns regarding 1) the depth of
the pipeline and the location, 2) the contour of the land for
farming and agriculture after the pipeline is put in, and 3)
oakwilt problems.
Todd Haas responded that usually the larger the pipe, the
City would require more depth because of the possibility of frost
which could heave the pipe, and possibly ruin the City's roads.
In regard to the question of the contour of the land, Mr. Haas
also mentioned that the City will have to look at a number items
-- drainage, water tables, when they review a subdivision. Mr.
Haas said there's a 20-foot distance between the right-of-way and
the setback. In regard to the question of oakwilt, Mr. Sandberg
stated that this was an important item to the Environmental
Quality Board. He stated MITS would take responsibility and
spray all damaged oak branches. The only time oakwilt would be a
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Planning and Zoning Commission
May 24, 1988 Meeting Minutes
Page Five
problem would be before July 1st, and they're not going to begin
the right-of-way until after July 1st.
Merrill Putnam, 718 Polk Street, and he owns 40 acres, south
of Ganter's property. He expressed concern about the pipeline
going right down his road so he would have no way to get into his
property. He said he has three pipelines going across his land _
two running east and west, and one running north and south. Mr.
Haas stated a portion of Mr. Putnam's land has been designated
for a road and there would be funds to build a road at a future
date. Mr. Sandberg said a pad would be required for heavy
equipment over the pipeline. Mr. Sandberg stated farm equipment
would not be a problem. Mr. Sandberg also stated that Mr. Putnam
would have access to his property and that the only restrictions
they would impose is that no structures be put on the land and
that the grading could not be changed without permission from
MITS.
Mr. Haas asked if the landowner retained rights of easement. Mr.
Sandberg indicated that yes, Mr. Putnam would retain the rights
of easement to the road.
Mr. Vistad asked what the maximum limit of vehicles that
could go over pipeline without requiring a pad. Mr. Sandberg
stated it's a very rare and isolated circumstance that would
require a pad.
Gary Redding, 978 - 154th Lane NW, made a comment that he
and many of his neighbors were not notified of this public
hearing. He said he had 2-1/2 acres but he was concerned about a
pipeline being place within 150 feet of his house. Mr. Sandberg
said they made a mistake in not notifying the people of the
public hearing.
Kathy Lundquist, 945 - 148th Lane NW, had a question
regarding whether MITS had right of eminent domain, and another
question about the above-ground valve and the location/access of
such.
Ms. Bosell said that because this is a public utility, and
if MITS fails to negotiate with the property owner, MITS does
have the right of eminent domain. However, MITS does need a
conditional use permit from the City to construct the pipeline.
The price MITS pays is only negotiable through the landowners and
the City does not get involved in this process. The landowners
could appeal through the courts.
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Mr. Sandberg said the location of the
Boulevard, on the south side of the road.
to the road so it would be accessible.
valve is at Crosstown
They wanted it close
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Planning and Zoning Commission
May 24, 1988 Meeting Minutes
Page Six
Sashe Mattox, also stated her concern about not being
contacted of this public hearing.
Bill Jordan, 2000 First Bank Place, attorney representing
MITS, stated that MITS does have the power of eminent domain
authority under the Minnesota Statute, Section 117.49; that the
power of eminent domain authority is dependent upon the approval
by the DNR of this project and that approval has been secured.
If the special use permit was denied, MITS still can go ahead and
acquire the right of way by condemnation and take whatever action
they needed to complete this process.
Motion was made by Commissioner Vistad, seconded by
Commissioner Jovanovich to close the public hearing. All voted
yes. Motion was carried.
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Motion was made by Commissioner Bosell, seconded by
Commissioner Vistad that the Andover Planning and Zoning
Commission recommend to the City Council approval of the
conditional use permit requested by MITS for placement of a 16-
inch diameter natural gas pipeline along the 31 mile route from
Cambridge to Coon Rapids and also including the six miles that
goes from the northern border of Andover to the southern border
of Andover and basically along the Burlington Northern railway
right-of-way line. A public hearing was held and there was much
input received concerning rights of access over the pipeline, in
regard to the eminent domain proceeding that may take place if
the property owners don't come to mutual agreement with the
applicant, and the ability to develop property as it abuts the
pipeline. However, there did not appear to be an underlying
disapproval of the request before the Planning Commission. This
request is made pursuant to Ordinance 8, Section 7.03 wherein a
public utility not located in a public right of way must receive
a special use permit. The reasons for recommendation of the
special use permit approval are based on the fact the health and
welfare of the community has been considered in that the
applicant has gone through the proper processes in obtaining a
environmental impact statement, having worked with the
Environmental Quality Board, having worked with the County of
Anoka, the Department of Natural Resources and other applicable
governmental units that would have input regarding the placement
of the pipeline. Further, there was a considerable amount of
effort and energy placed in making certain this pipeline is safe.
The pipeline is intended to serve the Minnegasco facility in Coon
Rapids and is not intended to be a franchise provider for private
gas companies along that pipeline. The impact of the pipeline
will not have any effect on the scenic view of the properties and
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Planning and Zoning Commission
May 24, 1988 Meeting Minutes
Page Seven
the property values will be negotiated with the applicant.
roll call Commissioners Bernard, Bosell, Vistad, Jovanovich
Perry all voted yes. Motion carried.
Upon
and
This item will be brought before the City Council at either
their June 7th or June 21st meeting. Chairman Perry suggested
interested parties contact the City Council for information on
the final date set for this agenda item.
Chairman Perry recessed the meeting at 9:10 p.m. and
reconvened at 9:20 p.m.
REZONING #88-02 (MENKVELD) PUBLIC HEARING
Mr. Morey explained the request by the Menkveld Company to
rezone Outlot B of Red Oaks Manor 5th Addition Preliminary Plat
from R-4 for the purpose of establishing a neighborhood business
center.
The Planning Department does not recommend approval of this
request at this time.
Chairman Perry opened the Public Hearing.
Art Raudio, 1404 South Broadway, Sauk Rapids, gave a little
history stating there were 56 lots in the plat. They're looking
for a permit from the DNR on that portion for Outlot Bj the 80-
foot leg is being proposed for wetland.
Ms. Bosell recommends that we table this item until we
receive the site plan and the market study.
Motion was made by Commissioner Bosell, seconded by
Commissioner Vistad that the matter of the rezoning of the Outlot
B of Red Oaks Preliminary Plat be continued for the following
reasons:
(1) The plat plan for the site has not been
submitted as required by Ordinance 8, Section
4.17. Said plan shall include the placement
of structure, parking, driveway, landscaping
and screening.
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(2) Secondly, that a feasibility/market study shall be
submitted which would justify the addition of
another neighborhood business district within
1/2 mile of three other neighborhood business
sites pursuant to the Comprehensive Plan
adopted in 1980.
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Planning and Zoning Commission
May 24, 1988 Meeting Minutes
Page Eight
Susan Wood, 2301 139th Avenue NW, asked how heavy a business
would this be -- would it include gas stations, as she was
concerned about the run-off. She is requesting an environmental
impact statement because of the wetland area.
Chairman Perry closed the public hearing.
Chairman Perry indicated that the environmental impact
statements are done on larger properties. Chairman Perry
indicated that the DNR will be addressing the issue of the
wetland area, and that if an environmental impact statement was
needed, the DNR would make that recommendation to the City.
All Commissioners voted yes. Motion carries.
RED OAKS MANOR 5TH ADDITION PRELIMINARY PLAT PUBLIC HEARING
Todd Haas stated this is a request to review and approve the
Red Oaks Manor 5th Addition preliminary plat and grading plan,
pursuant to Ordinance 8 and 10. The proposed preliminary plat is
currently zoned R-4 single-family urban. The proposed
preliminary plat consists of 50 single-family residential lots.
The developer is also petitioning for Outlot B to be rezoned to
NB.
Commissioner Perry asked about the concern with the proposed
grading plan for the cul-de-sacs and the property along the east
side the plat. Mr. Haas stated the ARC expressed his concern
that the cul-de-sacs being too low and the sewer not being deep
enough which would require some type of insulation for the sewer.
Mr. Vistad asked Mr. Haas if he could highlight some items
on the recommendation.
Mr. Haas gave further information on this item. 8.03 Design
Features - the proposed R/W at intersection of Thrush Street and
Bunker Lake Boulevard shall have a 30-foot\radius shown on the
grading plan. 8.03 (g) - Lot 1, Block 3 shows a 30 foot setback
but should show a 25 foot setback and that would have to be
changed.
Under Section 8.04 (f) - requirement of 100 year flood
elevation. The easement line will need to follow the 878 contour
line. Outlot B would also have some sort of easement until he
has approval from DNR to build on that property.
Section 9.03 (g) - Rounded cul-de-sac intersections shall
have 20 ft. radius shown on preliminary plat and grading plan.
9.03 In) - 4" of topsoil and sod are necessary where water and
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Planning and Zoning Commission
May 24, 1988 Meeting Minutes
Page Nine
sewer are installed. This needs to be shown on typical street
sections.
Chairman Perry opened the Public Hearing.
Robert Coyne, 2311 139th Avenue, asked what are the size of
lots, and what is the value of the homes. Chairman Perry said
that the Planning Commission does not deal with the value of the
homes in a development but he could private ask the developer for
more information. Also Chairman stated that 11,400 square feet
is the minimum lot requirement.
Clark Cox, 13848 Quinn, had a concern that all the property
along 139th & Quinn drains right to the low area. He feels the
drainage will be one big problem.
Todd Haas addressed the concern and said that before any
work would be done in that area, necessary permits would be
required from the DNR and Corp. of Engineers. The City requires
the lowest floor elevation to be three feet above water tables or
one foot above the lOa-year flood elevation.
Commissioner Bosell had a concern in that the grading plan
and the preliminary plat were not exactly the same, and felt they
should be corrected. She would like this request to go on the
City Council, contingent upon a corrected plat, and upon
documentation from the DNR as to the wetland area.
Chairman Perry closed the Public Hearing.
Motion was made by Commissioner Bosell, seconded by
Commissioner Bernard, that the Planning and Zoning Commission
recommend approval to the City Council of the Preliminary Plat of
Red Oaks Manor 5th Addition property described as the SE 1/4 of
the NW 1/4 of Section 34, Township 32, Range 24, contingent upon
the following items:
1) The items raised in the engineer's memorandum
of May 24, 1988 as it pertains to information
items on the plat be corrected;
2 )
That the corrected plat come before the
Planning Commission at its next regular
meeting or special meeting, whichever comes
first to ensure that those corrections have
been made;
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Planning and Zoning Commission
May 24, 1988 Meeting Minutes
Page Ten
3) That the Park Dedication issue has not been
revealed to the Planning Commission
it will be contingent upon the Park
Commission recommendation;
4) That we receive a copy of the Corp of
Engineers permit and all supporting
documentation;
5) That the permit from the Department of
Natural Resources be received and reviewed so
that we know that the plat is in compliance
with the requirements of DNR.
A public hearing was held and there was concern about the
overall drainage of the area from the residents, and also a
concern about repair of the area that was disturbed last year by
the mining. Those matters will be handled by the Engineering
Department. The issue with regard to the Outlot B has not been
resolved by the Planning Commission and if this plat comes to the
City Council before the rezoning issue is resolved by the
Planning Commission that Outlot B remain identified as a
residential lot and not be identified as a commercial lot. Also,
this should be contingent upon a mining permit being received for
the purpose of removing excess materials, if applicable.
Upon roll call, Commissioners Bernard, Perry, Bosell,
Vistad, Jovanovich voted yes. Motion carried.
The earliest this could be heard at the City Council would
be June 21st, as the preliminary plat must come back to the
Planning Commission first.
CROSSTOWN BOULEVARD VARIANCE
Mr. Morey explained the request for a front-yard setback
variance for five houses on Crosstown Boulevard between 139th and
140th Avenue.
These variances are being requested by the City due to the
widening and re-alignment of Crosstown Boulevard as part of
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project #88-01.
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Planning and Zoning Commission
May 24, 1988 Meeting Minutes
Page Eleven
Commissioner Bosell stated that the variance would only
apply if the property owners wanted to add and build to the front
of their homes that would increase the frontage of their homes
closer to the street and/or the replacement of their home if it
were destroyed more than 50%. The homeowners would then only
have to meet that the setback line that is presently established.
The Valdsvics, 14018 Crosstown Boulevard, had a concern
about the 40-foot setback requirement to Ordinance 8, Section
4.15 and the fact if something did happen to their home, they
would have to move their house back. The property owner at 14006
Crosstown Boulevard asked if this variance would carryover to a
new home buyer. Chairman Perry indicated it would carry with the
property. She also mentioned this procedure would protect the
homeowners.
Motion was made by Commissioner Bernard, seconded by
Commissioner Vistad, to recommend approval to the City Council of
the variances requested to the properties identified as:
14006 Crosstown Boulevard Front Yard Setback 39'
14018 Crosstown Boulevard Front Yard Setback 34'
14031 Crosstown Boulevard Front Yard Setback 34'
14034 CrosstO\vn Boulevard Front Yard Setback 22'
14041 Crosstown Boulevard Front Yard Setback 33'
This approval is recommended for the following reasons: Pursuant
to Ordinance 8, Sections. 4.15 and 6.02, a 40-foot setback is
required along the arterial street Crosstown Boulevard. With the
realignment and improvement of Crosstown Boulevard, additional
right of way was necessary and thus causes these parcels to be
non-conforming. The variances requested meet the hardship
criteria in that they were not self generated and the variances
allow for the reasonable use of the land. This is especially
true if any of the residential building sites were so destroyed
and would have to be rebuilt. The variances do not interfere
with the traffic flow of Crosstown Boulevard and will in fact
have a beneficial effect upon the public safety of the users of
Crosstown Boulevard. There was no negative public input at this
time. Upon roll call, Commissioners Bosell, Bernard, Jovanovich,
Perry and Vistad voted yes. Motion carried.
SCHEDULE SPECIAL MEETING
A special meeting was scheduled for June 7 at 7:30 p.m. The
rezoning #88-02 (Menkveld) will be added to the special meeting
agenda.
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Planning and Zoning Commission
May 24, 1988 Meeting Minutes
Page Twelve
Chairman Perry requested someone else chair the special
meeting as she would be gone.
OTHER BUSINESS
SKETCH PLANS
Chairman Perry talked with the City Council and they agreed
to have the Planning Commission review the sketch plans prior to
the City Council seeing them. The Council did request that the
Planning Commission take into consideration the impact on the
contiguous properties and the access that would be needed into
contiguous properties.
INDIAN MEADOWS
Chairman Perry stated that the City Council also requested
that when something is sent to City Council that the Planning
Commission have reasons for approval or denial other than just a
rewording of the Ordinance.
Commissioner Bosell mentioned that mining is going on at
Hanson Boulevard. It was suggested Todd check with the City of
Coon Rapids and the County to find out what precautions the City
of Coon Rapids has required to make sure the shoulder is not
destroyed and what other restrictions there might be. They're
pulling out of the site and going south on Hanson on the
floodplain and not on the travelway.
ADJOURNMENT
There being no further discussion, Chairman Perry declared
the meeting adjourned at 10:35 p.m.
Respectfully submitted,
(Plan.2)
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