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HomeMy WebLinkAbout1990 January Planning Commission Agenda Packetsa i' •, REGULAR PLANNING COMMISSION MEETING AGENDA JANUARY 18, 1990 7:30 P.M. CALL TO ORDER 7:30 P.M. REVIEW MINUTES OF PREVIOUS MEETING 7:35 P.M. DISCUSSION DAVE UNMACHT 7:45 P.M. BY -LAWS STAFF 8:15 P.M. HEARING —HOME OCCUPATION LINDA WHITMORE 8:30 P.M. DISCUSSION JACK OAKS * Indicates a Public Hearing All times stated on the Planning Commission Agenda, with the exception of Public Hearings, are approximate and may start a few minutes later than scheduled. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 1 Ph. (612) 4474230 / Fax (612) 4474245 PLANNING COMMISSION MINUTES DECEMBER 21, 1989 The December 21, 1989, Planning Commission Meeting was called to order at 7:30 P.M. by Chairman Kedrowski. Those present were Commissioners Wells, Arnold, Kedrowski, Roseth, Director of Planning Horst Graser and Planning Intern Gary Schmitz. Commissioner Loftus arrived at 7:35 P.M. ITEM I - REVIEW MINUTES OF PREVIOUS MEETING MOTION BY WELLS, SECOND BY KEDROWSKI, TO APPROVE THE MINUTES AS WRITTEN. Vote taken signified ayes by Loftus, Roseth, Wells, Kedrowski and Arnold. MOTION CARRIED. Mr. Graser updated the Commissioners on the agenda progress for the Retreat. ITEM II - SCOTT SHANESY - VARIANCE CONTINUED Mr. Graser presented the information as per memorandum of December 21, 1989. City Engineer Anderson is of the opinion that any structure in the utility easements would compromise access and would not be allowed therefore a contractual agreement is not feasible. The Planning Commission has no choice but to restrict the deck to 8 feet as per Staff recommendation. Scott Shanesy, 3000 Fairview Road, disagreed with City Engineer's recommendation. He felt the deck addition would improve the value of his house. Discussion by the Commissioners on the issue followed. MOTION BY KEDROWSKI, SECOND BY LOFTUS, TO APPROVE A 13 FOOT LAKESHORE VARIANCE TO CONSTRUCT AN 8 X 22 FOOT DECK BECAUSE THE VARIANCE IS CONSISTENT WITH THE CHARACTER OF THE AREA, THE LOT IS SUBSTANDARD AND THE DECK WOULD NOT BE DETRIMENTAL TO THE GENERAL HEALTH AND WELFARE OF THE COMMUNITY. ANY CHANGE IN THE SIZE OF THE DECK WOULD REQUIRE A CHANGE IN THE CITY POLICY DEALING WITH CONSTRUCTION IN UTILITY EASEMENTS. Vote taken signified ayes by Kedrowski, Loftus, Roseth and Arnold. Commissioner Wells was absent as she left the meeting before vote was taken. MOTION CARRIED. PUBLIC HEARING CONTINUED ON ZONING ORDINANCE AMENDMENT SECTION 7.3 Public was in attendance. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447 -4230 / Fax (612) 4474245 PLANNING COMMISSION MEETING MINUTES DECEMBER 21, 1989 PAGE 2 Gary Schmitz presented the information as per the Planning Report of December 21, 1989. The first question concerned the length of time an appeal can be filed. The City Attorney recommends five working days as sufficient length of time to file an appeal. The second ruestion were concerns on, if a Councilmember, alone, could appeal a decision for the entire Council or does the City Council have to make a decision to appeal as a unified body. Research found that the City Council must act as an unified body. Staff recommendation is to approve the Zoning Ordinance amendment as proposed. MOTION BY KEDROWSKI, SECOND BY ALL COMMISSIONERS, TO APPROVE THE ZONING ORDINANCE AMENDMENT AS PROPOSED. THE WORD "WORKING" SHOULD BE INSERTED AFTER THE WORD FIVE (5) IN ORDER TO INDICATE THAT THE APPEAL PERIOD WILL CONSIST OF FIVE (5) WORKING DAYS AFTER THE PLANNING COMMISSION DECISION. Vote taken signified ayes by Kedrowski, Loftus, Arnold and Roseth. MOTION CARRIED. Public Hearing closed at 8:14 P.M. Recess called at 8:14 P.M. Meeting recalled to order at 8:16 P.M. ITEM III - JIM HILL AND KAY SCHMUDLACH ECONOMIC DEVELOPMENT COMMITTEE DISCUSSION AND FUTURE DEVELOPMENT UPDATE. Ms. Schmudlach represented the Economic Development Committee. As Mr. !fill was unable to attend, discussion on the By -Laws and Economic Development Committee process will be presented at a future date. Ms. Schmudlach discussed future developments in the community. MOTION BY ROSETH, SECOND BY ARNOLD, TO ADJOURN THE PLANNING COMMISSION MEETING. Vote taken signified ayes by Roseth, Arnold, Loftus and Kedrowski. MOTION CARRIED. Meeting adjourned at 9:15 P.M. Tapes of meeting are on file at City Hall. Horst Graser Rita M. Schews Director of Planning Recording Secretary "BYLAW" PLANNING COMMISSION PROCEDURES JANUARY 18, 1990 SECTION 1 - CITY CODE CHAPTER 3 2 -3 -1: COMMISSION CREATED, COMPOSITION: A Planning Advisory Commission is hereby created for the City, its purpose to be of an advisory nature to the City Council and staff. Said Planning Advisory Commission shall be composed of not less than three (3) nor more than five (5) members, appointed by the City Council. Only residents of the City shall be considered for appointment. Said members shall serve for two (2) year terms serving from July 1 to June 30, except, for the first term, two (2) members shall be appointed for one -year terms. The members of said Planning Advisory Commission shall elect a chairperson and vice - chairperson from the appointed members of their Board. 2 -3 -2: REMOVAL OF MEMBER: Any member of the Planning Commission may be removed from office for just cause and unwritten charges i.y a two - thirds (2/3) vote of the entire Council, but such member shall be entitled to a public hearing before such a vote is taken. In addition, any member may be removed for nonattendance at Planning Commission meetings without action by the City Council according to rules adopted by the Planning Commission. 2 -3 -3: MEETINGS, RULES: The Planning Advisory Commission will meet on the first Thursday of each month with an optional meeting on the third Thursday of each month or at such other time as may be deemed necessary, providing adequate notice is furnished of the public meeting. 2 -3 -4: DUTIES OF COMMISSION: The duties of said Planning Advisory Commission are as follows: (A) To acquire and maintain in current form such basic information and background data that is necessary to an understanding of past trends, present conditions and forces at work to cause changes in these conditions. (B) To prepare and keep current, in conjunction with the City Planner, a comprehensive general plan for meeting present requirements and such future needs as may be foreseen. (C) To establish principles and policies for guiding action affecting development in the City and its environs. (D) To determine whether specific proposed developments conform to the principles and requirements for the comprehensive plan and the City ordinances. (E) To keep the City Council and the general public informed and advised as to all planning and development matters. (F) To review and make recommendations to the Council on planned unit development and subdivision proposals. (G) To hold public hearings for subdivisions, planned unit developments and rezoning, applications and furnish the Council with information and recommendations of such hearings. (Ord. 77 -7, 7- 11 -77) (H) To prepare and submit to the City Council within sixty (60) days after the end of all variances granted to applicants from January 1 through December 31 of that calendar year. The summary report shall contain such information as deemed necessary and requested by the city Council. The Planning Commission may approve variance and home occupation permits pursuant to City Code. The Planning Commission makes recommendations to the City Council on conditional use permits, rezoning applications, and amendments to the Zoning and Subdivision Ordinances. These applications which include conditional use permits, rezoning, and amendments to the Zoning and Subdivision Ordinance require review and final approval from the City Council. SECTION 2 - PLANNING COMMISSION ETHICS PURPOSE: The purpose of this section is to provide broad guidelines for the conduct of individual Planning Commissioners. Each Planning Commissioner must bear the responsibility of adherence to these guidelines. In the event a problem presents itself, the chairperson shall take the initiative to resolve it in a manner most appropriate. (1) Planning Commissioners who have a current or ongoing business relationship or vested interest with an applicant or other parties with significant interest in the decision shall refrain from discussion. Vested interest is to mean any interest(s) or issues that may present a conflict of interest now and in the future. (2) A Planning Commissioner's opinion pertaining to a function, organization or specific application shall not be given to the media unless there is a clear qualification that the opinion is that of the Commissioner and not that of the entire Commission. If a Planning Commissioner gives or represents the opinion(s) of the Planning Commission those opinionss) must be approved by a consensus of the Planning Commission and recorded it its minutes. (3) Planning Commissioners shall conduct themselves as professionals when representing the Commission. (4) A Planning Commissioner shall avoid any appearance of impropriety. (5) The chairmember of the Planning Commission may make a recommendation to the Mayor for the removal of any member of the Commission who is absent more than six (6) times throughout the calendar year. SECTION 3 - PLANNING COMMISSION AGENDA AND MEETING FORMAT Business of the meeting will be conducted according to the Agenda prepared by the Director of Planning. Unless extreme circumstances exist, the Director of Planning shall place the completed agenda packets in the mail on Friday prior to the meeting date. To meet this schedule the Planning Director shall adhere to the submittal deadlines established by Staff at the beginning of each year. A memo, report, or brief explanation of each agenda item shall be included in the Planning Commission Agenda packet. The information provided by staff should serve to inform the Planning Commission of the subject matter under discussion. The information should explain in detail the staff comments or work, or state that staff will present the necessary details and comments at the meeting. The Planning Commissioners should make every attempt to visit the site prior to discussing site related .issues. The meeting agenda will be prepared according to the following: 1. Call to Order 2. Approval of Minutes 3. New Business including Public Hearings 4. Other Business 5. Announcements and Correspondence 6. Adjournment SECTION 4 - MINUTE PREPARATION A. The Director of Planning is responsible for the minutes of the meeting. The meeting proceedings will be tape recorded and noted by hand by the Recording Secretary or a designated representative from staff. The following two requirements for minute preparation will be adhered to: 1. All motions will be typed in capital letters. 2. Names of the Commissioners will be listed after their vote on the motion. The official minutes shall be prepared and presented to the Planning Commission at the next regularly scheduled meeting. The minutes shall be reviewed by the Planning Commission and the presiding officer shall call for any additions or corrections. If an addition or correction is presented, the change must be specific as to place, paragraph, and sentence. Approval of the minutes requires a motion, second and a majority vote of the members present at the meeting. C. The Director of Planning is responsible for the maintenance and filing of the minutes. The following procedure will be used in filing of the minutes: 1. All minutes of the Planning Commission will be kept on file in the office of the City Planner in hard copy or on microfilm. 2. All tape proceedings, excluding public hearings, must be kept for a minimum of one year from the date of recording. 3. All tape proceedings that include public hearings must be kept for seven years from the date of recording. D. A copy of the minutes of the meeting shall be distributed together with the agenda for the upcoming meeting. The minutes and Planning Commission Agenda will be distributed to: 1. Mayor and City Councilmembers 2. Planning Commission Members 3. Selected Staff members. 4. Selected residents and individuals indicated on the mailing list kept by the Planning Department Secretary. Remarks made by a member of the Planning Commission may be entered into the minutes by stating that he /she desires to go on the record. These remarks shall be entered into the minutes by the Recording Secretary by way of synopsis. A verbatim record will only be entered if requested by a member of the Commission. SECTION 5 - QUORUM AND VOTING PROCEDURES At each meeting a majority of all the members appointed, at least three out of five, shall constitute a quorum for the transaction of business. B. The voting options available to the Planning Commission when a vote has been initiated are: aye - an affirmative vote; nay - a negative vote; and abstain - a neutral vote, neither affirmative nor negative. When a vote is to be taken, the presiding officer shall first call for the ayes, then the nays, and if applicable, shall call for the abstentions. The votes of each member shall be recorded in the minutes. If a member of the Planning Commission is absent during a vote, the member's vote for the official minutes shall read as "absent ". SECTION 6 - ROLES AT MEETING A. On the majority of agenda items, if not all items, the time for direct citizen input, comments and questions will be immediately after the City Staff report and /or presentation. During this time period, every member of the public desiring to speak shall address the presiding officer (by raising a hand or standing up) and upon recognition, shall confine their remarks to the issue under consideration. The residing officer may use her /his discretion when an individual member of the public requests to speak more than once on a single issue. B. Immediately after citizen input is finished on the issue, the members of the Planning Commission take turns addressing the issue. Each individual member of the Planning Commission may recognize a member of the public when the member has been recognized to speak by the presiding officer. Members of the Planning Commission must use judgment and discretion when recognizing members of the public to speak during the time they have the floor. C. Members of the general public, interested parties or their authorized representatives may address the Planning Commission by written communications in regard to matters under discussion. Written communications may be read aloud at the meeting if so requested by the author. The communication(s) shall be read by the presiding officer or her /his designee. D. One member of the Planning Commission shall serve as the Chairmember and one as Vice Chair. The Vice Chair shall preside at all meetings when the Chairmember is absent from the meeting. When the Vice Chair is presiding at the meeting, he /she shall assume the authority and responsibility of the presiding officer at the meeting. A new Chairmember and Vice Chair shall be chosen on an annual basis. The reorganization shall occur on the first regularly scheduled meeting in August. E. If in the event the Chairmember and Vice Chair are absent, the Director of Planning shall call the meeting to order and preside until such a time that the Planning Commission elects among itself a member to preside at the meeting. After a member of the Planning Commission has been selected to preside over the meeting, the Planning Director shall step down. The presiding officer, at all times, shall be allowed to vote in the same manner as all other Commissioners. The presiding officer has two unique powers: Interpreting and applying the rules of procedure; and recognizing speakers from the audience. That official shall have the obligation to be impartial and objective in conducting the meeting. The presiding officer shall open all public haarings at the predetermined time and date or shortly thereafter as stated in Section 7 A.1. The presiding officer shall, for informational purposes, state the purpose of the hearing or read the public notice calling for the hearing into the record of the meeting proceedings. The presiding officer shall recognize all speakers from the audience, except when a member of the Planning Commission has the floor and they expressly recognize a member of the audience who desires to speak on the issue under consideration. The presiding officer has the responsibility to facilitate discussion by the Planning Commission. This may occur in a variety of ways, including: 1. Interpret and apply rules of procedure. 2. Decide whether motions are properly made. 3. Decide whether motions are in order. 4. Decide whether questions of special privilege ought to be granted. 5. Decide when to recognize speakers. 6. Call for motions or recommend motions. 7. Expel disorderly persons from the meeting. S. Enforce speaking procedures. If a motion is unnecessary, unsuitable for consideration, and /or proposed at an inopportune time for the purpose of delaying or embarrassing others, the presiding officer may rule the motion out of order on her /his own initiative. The presiding officer is responsible for maintaining order at the meetings. Although meetings must be open to the public, no person who is noisy or unruly has a right to remain in the Council Chambers. when individuals abuse their rights to be present, the presiding officer, subject to overrule by the Planning Commission, can order their removal from the room. SECTION 7 - PUBLIC HEARING FORMAT A. Public hearings shall be conducted in the following manner: 1. The Chairmember calls the public hearing to order and declares the time of opening. It is the intent of the Planning Commission to open all public hearings at the predetermined and published time. From a practical standpoint, not all hearings can be opened at their designated time. The presiding officer may delay the start of a hearing until the business at hand is acted U. in any manner, by the Planning Commission. In no circumstances can a hearing be opened prior to the predetermined and published time. 2. The presiding officer shall read for information purposes, the public hearing notice and other details on the hearing sufficient to provide the public a general understanding of the purpose of the hearing. 3. The Recording Secretary shall pass out to the audience a sign up sheet with columns for name, address and phone number. This sheet shall become part of the public hearing record. 4. The presiding officer should announce the type of input that may be received by the citizens. Formal input includes the name and address of the speaker delivered from the podium. 5. The procedure for public hearings shall be as follows: a. If applicable, the applicant makes a presentation or report on the subject matter. b. Staff shall make a presentation or report on the subject matter. C. The presiding officer shall ask for citizen input, comments and questions. The presiding officer shall facilitate this portion of the meeting. d. The Planning Commission shall address the subject matter through deliberation, questions to citizens and staff, and reactions and statements of position on the subject. Any Planning Commission member who has the floor may recognize members of the audience for additional comments. 6. The Planning Commission should take action on the application before them in the form of a motion. However, the Commission may formulate a recommendation which outlines the parameters under which an approval would be granted. The reasons and conditions shall be stated in the motion for approval or denial. Continuation of an action may occur in the event insufficient information is present to make a decision. The Planning Commission shall delineate the missing information before continuing the item. 7. The presiding officer shall close the public hearing and state the time the hearing is closed. a. If the Planning Commission decides to continue the deliberation on the subject matter of a hearing, the presiding officer in consultation with the Director of Planning shall select a time and date during a future regularly scheduled meeting to reopen the hearing for further deliberation and possible action. b. No additional publication or notice requirements are needed if a hearing is continued to a later date. C. In the event that an issue is denied, the applicant has the option to appeal the decision of the Planning Commission to the City Council. The process of appeal begins when the applicant contacts the Director of Planning during regular office hours, to schedule the appeal before the City Council. "HOOIPC" PLANNING REPORT SUBJECT: Home Occupation Permit APPLICANT: Linda Whitmore SITE: 15453 Fish Point Road DATE: January 18, 1990 INTRODUCTION: The planning Department has received an application from Linda Whitmore of 15453 Fish Point Road to consider a Home Occupation Permit. Mrs. Whitmore proposes to operate a dried flower arrangement business from her home. (See application dated January 4, 1990, for further reference) DEVELOPMENT ISSUES: The subject site contains a single family home and is zoned R- 1 /S -D. The subject site contains approximately 12,000 square feet of area and abuts Timber Trail along the left side lot line and two vacant lots on the right side lot line. The yard and home appear to be relatively clean with the exception of covered storage boxes next to the garage. The neighborhood is comprised almost exclusively of large single family homes. STAFF ANALYSIS• The dried flower arrangement business will be conducted on a part -time basis by the applicant. The operation consists of the applicant arranging dried flower baskets in the basement of her home. The arrangements are delivered to various stores throughout the area for retail sale. No sales will be conducted at the home and no customers will come directly to the house. Mrs. Whitmore is the only employee of the business. Mrs. Whitmore estimated that a total of two deliveries per week from UPS for supplies would ba "average" during the busiest time of the year which would be from fall to Christmas. A wholesale flower company also delivers fresh flower supplies approximately once a month throughout the year. The supplies are kept in the garage and the basement of the residence along with the small area of outdoor storage. No exterior advertising is visible from the roadway. In general the use is not going to cause any hardships on the neighborhood that could result in a changing of the residential character of the area. 4629 Dakota St. SE., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245 RECO MMENDATION: The recommendation from staff is to approve the request with the condition that all exterior storage be removed from the site or placed within the home or garage. By removing exterior storage the proposed home occupation site would blend in more homogeneously with the surrounding single family homes. Overall the proposal is consistent with Section 6.9 of the Zoning Ordinance and would not be detrimental to the residential character of the neighborhood. Therefore staff recommends approval. The permit should not be transferable. U •.t Appli Addre Hope Prope Addre Hams Legal Description of Site: 1-4* 1 BIK I (} ry 2 n 1} Gres c ♦ aid -0 . Propety IdentificationNUmber (PID): _� 1 0001- oiekt�. SUBMISSION : (A) Ompleted application form. (B) Filing Fee. (C) Names and addresses of abutting property owners. (D) Parcel ID (PM). CNLY COMPLETE APPLICATIONS SHALL BE REVIEWED BY THE PLANNING COM41SSION. To the best of my knowledge the information presented on this form is correct. In addition, I have read :Section 6.8 of the Prior Lake Zoning Ordinance which specifies requirements for Bame Occupations. I agree to provide information and follow the procedures as outlined in the Ordi o� o Applicants Signature Submitted this day of far' 191-0 — p , n Fee Owners Signature THIS SPACE TO BE FILLED OOT BY THE PLANNn G DIRHCIOR PLANNING COMMISSION _p P WM STIED HEARING DATE CITY COUNCIL. APPEAL — APPROVED _DENIED HEARING DATE Conditions: Signature of the Planning Director Date «4wZ• a: . • ::. Present Zoning: K�?S�dY nZ row "CR" NOTICE OF HEARING FOR HOME OCCUPATION You are hereby notified that a hearing will be held by the Planning Commission in the Prior Lake Council Chambers at 4629 Dakota Street S.E. on: THURSDAY, JANUARY 18, 1990 at 8 :15 P.M. PURPOSE OF HEARING To consider a Home Occupation permit for Linda Whitmore. SUBJECT SITE LOCATION 15453 Fish Point Rd. S.E. Lot 1 Block 1 Amen Acres 1st Addn. REQUESTED ACTION Mrs. Whitmore wishes to operate a dried flower arrangement business from her home. The application states that this will be a part time business selling flower arrangements to various businesses around the area. No sales will be conducted directly at the home and Mrs. Whitmore will be the only employee. If you desire to be heard in reference to this matter, you should attend this meeting. Oral and written comments will be accepted by the Planning Commission. For more information, contact the Prior Lake Planning Department at 447 -4230. 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ORES 9 DD OJ1 i 4 1 4, l O A 'Y 1 1 1990 PLANNING COMMISSION RETREAT AGENDA WHEN: January 19 - 20, 1990 WHERE: Scanticon- Minneapolis Conference Center and Hotel 3131 Campus Drive Plymouth, MN 55441 (612) 559 -6600 JANUARY 19 3:00 - 6:00 Check In 6:00 Dinner 7:30 - 10:00 Meeting - Executive Suite Parlor JANUARY 20 8:00 9:30 10:45 11:00 12:00 1:30 3:00 3:15 6:00 Breakfast - Copenhagen Meeting - Board Room 1 Speaker - Bob Lunning Break - Pantry Discussion Lunch - Copenhagen Meeting - Board Room 1 Speaker - Raymond Merritt Break - Pantry Discussion Dinner - Tivoli Gardens 4629 Dakota St. SE., Prior IakQ Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245 MEETING OUTLINE FRIDAY EVENING SESSION: - Problem Solving - Does it pay to plan suburban growth. - What is the strength of the community. - How do we as planners build a community based on strength. - What dualities give this place called Prior Lake, charm, identity, interest, and vitality. SATURDAY MORNING SESSION: - Dr. Ray Merritt will lead a presentation on the issue of "community". Question and answer period will follow presentation. SATURDAY AFTERNOON SESSION: - Bob Lunning, an architect in the metro area will discuss issues relative to urban design and shaping the future of Prior Lake through urban design. orld -Class xperlence I Beef With Fir s°st - Class Access. Located on 21 wooded acres in sub- e urban Plymouth, Scanticon- Minneapolis is far enough away from the noise and hassles of the city, yet within easy reach of your office, entertainment and local attractions. Our convenient location is just nine miles from downtown Minneapolis, 16 miles from downtown St. Paul and 25 miles from the Minneapolis /St. Paul International Airport. ST. Site r Our fettles include. • 32 Single - Purpose Conference Room& • 240 Guest Booms and Suites • Conferees' Restaurant • Complete FSmese Center • Courts: Ra uetball lbnnis_ (Biked) V olleyball Walleyball Basketball • Jogging Trails • Convenient, Flea Parking A REaTAl/RANIS 1 W • 3 CONFERENCE ROOMS � • o T o • o A nl a� r G _ 1 1 I ii ® Scanticon IN N E A E L I S Northwest Business Campus 3131 Campus Drive Plymouth, Minnesota 55441 BUSINESS REPLY MAIL FIRSTCLASS PERMITNO.24185 MINNEAPOWS,MN POSTAGE WILL BE PAID BY ADDRESSEE ® Scanticon M I N N E A 1" . O L I ' S on vane •m • Mm•1 Northwest Bustneas Campus 3131 Campus Drive Plymouth, Minnesota 55441 NO POSTAGE NECESSARY IP MAMZD 114 THE UNITED STATES FIRST FLOOR 0 GROUND FLOOR SCANDINAVIAN ROOM � NOOEO�Y EI �OIENII� ; B R \ ` N �IIOOM M.E. 1\ \4 BAN UM . CAPAC ry aruow � Imam ­FF CONE - NOON COYrY0. 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