HomeMy WebLinkAboutFebruary 13, 2006
Maintenance Center
17073 Adelmann Street S.E.
Prior Lake, Minnesota 55372
REGULAR PLANNING COMMISSION AGENDA
MONDAY, FEBRUARY 13,2006
Fire Station - City Council Chambers
6:30 p.m.
1. Call Meeting to Order:
2. Roll Call:
3. Approval of Minutes:
4. Consent Agenda:
5. Public Hearings:
A. #EP 05-220 & 221 (continued) Manley Land Development, Donnay Homes, and
Cardinal Development Group submitted an application for Preliminary Plat and
Planned Unit Development to be known as Northwood Meadows for 136 single
family residential homes on 34 acres. The site is located south of CSAH 82, north
of Spring Lake Road/CSAH 12, west of North wood Road, east of Howard Lake
Road/Co. Rd 81, and in the vicinity of Hawk Ridge Rd.
B. #EP 06-106 Prior Lake Spring Lake Watershed District has submitted an
application for a conditional use permit to allow the placement of more than 400
cubic yards of fill as part of the Prior Lake-Spring Lake Watershed District's
Outlet Channel Restoration and Enhancement Project on the Kinney property
located north ofCSAH 42, west of Pike Lake and south of the YMCA camp in the
N 12 of the SW 'l4 of Section 23, T 115, R
C. #EP 05-228 Tollefson Development has submitted a preliminary plat consisting
of approximately 30 acres of land for the development of 51 single family
dwellings and three outlots. This property is located south of TH 13 (just south of
the Maple Glen 2nd development), west of Wedge wood Lane, and north of 180th
Street.
6.
7.
Old Business:
New Business:
None
A. Annual Code Enforcement Report.
B. Annual Variance Summary Report.
8. Announcements and Correspondence:
9. Adjournment:
LI06 FILESI06 PLANNING COMMISSJONlAGENDASIAG02130~ .cityofpriorlake .com
Phone 952.440.9675 / Fax 952.440.9678
PLANNING COMMISSION MINUTES
MONDAY, FEBRUARY 13,2006
1. Call to Order:
Commissioner Lemke called the February 13, 2006 Planning Commission meeting to
order at 6:30 p.m. Those present were Commissioners Billington, Lemke, Perez and
Ringstad, Planning Coordinator Danette Moore, Planner Jeff Matzke, Assistant City
Engineer Larry Poppler and Recording Secretary Connie Carlson.
2. Roll Call:
Billington
Lemke
Perez
Ringstad
Stamson
Present
Present
Present
Present
Absent
3. Approval of Minutes:
The Minutes from the January 23,2006, Planning Commission meeting were approved as
presented.
4.
Consent:
None
5. Public Hearings:
Commissioner Lemke read the Public Hearing Statement and opened the meeting.
A. #EP 05-220 & 221 (continued) Manley Land Development, Donnay Homes,
and Cardinal Development Group submitted an application for Preliminary Plat
and Planned Unit Development to be known as Northwood Meadows for 136 single
family residential homes on 34 acres. The site is located south of CSAH 82, north of
Spring Lake Road/CSAH 12, west of Northwood Road, east of Howard Lake
Road/Co. Rd 81, and in the vicinity of Hawk Ridge Rd.
Planning Coordinator Danette Moore presented the staff report dated February 13, 2006,
on file in the office of the City Planning Department.
The applicant originally requested this item be continued until the meeting on February
13,2006, in order to allow the applicant to conduct a neighborhood meeting and to
provide staff with additional information. They have now requested the hearing be
continued to February 27,2006. The staffhas sent a mailed notice of this delay to the
owners of property within 500' of this site. A new notice with the February 2ih hearing
date will also be sent.
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Planning Commission Meeting
February 13, 2006
MOTION BY BILLINGTON, SECOND BY RINGSTAD, RECOMMENDING
CONTINUTING THIS ITEM TO THE FEBRUARY 27, 2006, PLANNING
COMMISSION MEETING.
Vote taken indicated ayes by all. MOTION CARRIED.
B. #EP 05-106 Prior Lake Spring Lake Watershed District has submitted an
application for a conditional use permit to allow the placement of more than 400
cubic yards of fill as part of the Prior Lake-Spring Lake Watershed District's Outlet
Channel Restoration and Enhancement Project on the Kinney property located
north of CSAH 42, west of Pike Lake and south of the YMCA camp.
Planner Jeff Matzke presented the Planning Report dated February 13, 2006, on file in the
office of the City Planning Department.
The Prior Lake-Spring Lake Watershed District (PLSLWD) has applied for a conditional
use permit to allow grading and excavation as part of an Outlet Channel project to restore
and enhance the Prior Lake outlet system. The project segment will impact the mouth of
the outlet channel near the southwest comer of Pike Lake, located northeast of the
intersection ofCSAH 42 and CSAH 21. Section 1101.509 of the Zoning Ordinance
states that grading, filling land reclamation and excavation requires a Conditional Use
Permit for excavation of more than 400 cubic yards.
The project will be constructed in several phases over the next five to seven years. Each
phase will be constructed according to the Conceptual Plan for the outlet channel, which
was developed with the Prior Lake Outlet Channel and Lake Volume Management Study
completed in May 2003. This Conditional Use Permit application is specifically related
to the removal of 2600 cubic yards of sediment that has accumulated within the outlet
channel at the mouth of Pike Lake northeast of the intersection of County Road 21 and
County Road 42. The sediment will be deposited on the Kinney property in an upland
area northwest of the sediment removal site.
Staff recommended approval of the conditional use permit request, subject to the
following conditions:
1. The excavation must be done according to the approved plans.
2. The clean up of fill material as a result of spills or general transportation of fill on any
public road shall be the responsibility of the applicant.
3. The applicant shall record the Conditional Use Permit at Scott County no later than
60 days after approval.
4. Prior to any grading on the site, the applicant shall meet requirements set forth by the
City Engineering Department.
5. Watering for dust control shall be done on an as needed basis or within 24 hours
written notice from the City. Such notice shall be transmitted by facsimile to the
applicant. Dust control includes the entire project area and is not limited to roadways.
Water for dust control shall be provided from an off-site source.
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Planning Commission Meeting
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6. The CUP is valid for one year, but is revocable at any time for noncompliance with
any condition contained herein. At the expiration of its one (1) year term, the
property owner may make application to the City to renew the CUP. The initial
approval of this CUP does not create any right, in law or equity, to the renewal
thereof.
Questions from Commissioners:
Ringstad asked if the Commissioners saw something similar to this a few months ago
with respect to excavation. Matzke responded the Jeffers Pond area was the first phase of
the construction. This is the second and another one will follow as the construction
proceeds.
Billington asked to what degree is this project monitored in terms of engineering by City
staff, is it an ongoing weekly process, how does it work? Poppler responded once the
project gets started, staff will inspect the erosion control measures and make sure they are
in place. Inspectors will go out periodically (weekly), mainly after a rain storm.
Lemke asked if there was any construction time limits (hours) to work. Poppler
explained the ordinance for working hours.
Comments from the Public:
Shannon Lotthammer, Administrator for the Prior Lake - Spring Lake Watershed District
said the staff report summarized the project very well. Lotthammer explained the
restoration process and future construction in 2007 - 2008.
Billington questioned the 7 year time line. Lotthammer said the plan is for 7 years, they
hope to get it done in 5. It will depend on funding and coordinating with the various
agencies. The Watershed also would like to coordinate where development is occurring
along the channel and plan along with future developments. Some of the time is based on
how things might develop. The intent is to have it done before development. Hopefully
5 to 7 years for completion.
The public hearing closed at 6:41 p.m.
Comments from the Commissioners:
Perez:
. Staff did a good job in out lining the proposal.
. Does not see any issues. The criteria have been met.
. As long as conditions are met - will support.
Ringstad/Billington & Lemke:
. Agreed the criteria have been met.
. Support.
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MOTION BY RINGSTAD, SECOND BY BILLINGTON, TO APPROVE
RESOLUTION 06-03 APPROVING THE CONDITIONAL USE PERMIT, SUBJECT
TO STAFF'S LISTED CONDITIONS.
Vote taken indicated ayes by all. MOTION CARRIED.
#EP 05-228 Tollefson Development has submitted a preliminary plat consisting of
approximately 30 acres of land for the development of 51 single family dwellings
and three outlots. This property is located south of TH 13 Gust south of the Maple
Glen 2nd development), west of Wedgewood Lane, and north of 180th Street.
Planning Coordinator Danette Moore presented the Planning Report dated February 13,
2006, on file in the office of the City Planning Department.
Tollefson Development has applied for approval of a development to be known as Maple
Glen 3rd Addition on the property located south of Trunk Highway 13 (Maple Glen 2nd
Addition), north of 180th Street, and west of Wedge wood Lane. The proposal calls for a
single-family development consisting of 51 dwelling units on 28.86 (net) acres.
Staff has received inquires about the possibility of City sewer and water extensions being
provided to the properties located southeast of the proposed project. In the case any of
the adjacent properties would choose to develop in the future, it would be beneficial to
have one access point that would benefit any of these adjacent sites. For that reason, staff
has created an alternative layout for the southern portion of the development (in the
vicinity of Outlot B), adjacent to James Court. The revised alignment would allow for a
possible future roadway and the stubbing of utilities at that southeastern property
boundary. Provided the property owners desired this to happen, a roadway and utility
extension could be utilized.
Poppler pointed out a potential layout concept option for sewer and water extensions.
Elevations will dictate. The roadway would be built up to Outlot B.
Revisions to the preliminary plat are required in order to meet minimum ordinance
requirements. In addition, the developer must refine the plans to meet Public Work
Design Manual requirements. However, none of these revisions will impact the general
design of the proposed plat. For that reason, staff recommended approval subject to
conditions in the staff report.
The staff would recommend the following conditions be attached:
1. A Wetland Replacement Plan application, along with a wetland delineation report,
must be submitted to the City for review and permitting prior to any grading on this
site. The plan must be consistent with the requirements of the Subdivision
Ordinance.
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2. The comments in the City Engineer's memorandum, dated January 30,2006, must be
addressed with the final plans. All utilities and roads must be constructed in
conformance with the Public Works Design Manual.
3. Provide a copy of the approved Watershed District permit for this site prior to any
grading.
4. Provide a revised plat layout that demonstrates that all lot area and lot widths at the
front building line will meet the Shoreland District requirements.
5. Provide a revised landscaping plan that provides at least two front yard trees per lot
and at least two trees per frontage on comer lots (4 front yard trees). .
6. Provide a revised reforestation plan demonstrating how tree replacement
requirements will be meet.
7. Revise the plans to address concerns related to providing a common access and utility
extension point for the properties to the southeast.
8. Revise the plat to include Outlot A as a platted lot.
9. Revise the plat to remove Outlot C and denote a drainage and utility easement over
the ponding area.
10. Revise the plat to amend the right-of-way width along 180th Street to 33 feet
(adjacent to the project).
Questions from Commissioners:
Perez questioned if staff looked at the safety on Yorkshire and 180th Streets. Moore
responded the staff has looked at the site and are continuing to review before they sign
off on the visibility and safety.
Perez also questioned the grandfathered use on Johnson property. Moore responded the
Johnson property is in the township and can continue to operate as she has. If the
property was annexed into the City limits, they would continue to operate but could not
expand the business.
Lemke questioned the submitted letter on Wedgewood access. Moore responded the City
has no proposed access to Wedgewood.
Comments from the Public:
Applicant Todd Bodem, representing Tollefson Development, distributed a colored
layout of the project. Bodem said staff did a good job in presenting the project. They
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will be paving all the way to Fairlawn Avenue as a benefit. More trees will be planted
beyond what is shown on the handout.
Ringstad questioned correcting Lot 6, Block 2, not meeting the required square footage in
the Shoreland District - Bodem said they are looking at the lot and will adjust to meet
City needs. Ifthey can't make it work they will give up the lot. The adjoining lots will
expand.
Ringstad questioned how this would be attained. Moore explained the process.
Perez questioned how close the park would be to Maple Glen 1 st and 2nd Additions.
Bodem said the City Staff recommended the parks be placed next to each other and if
there are any adjoining developments to the east they will also be added to make a bigger
park. With Maple Glen 3rd so close staff is suggesting the cash in lieu ofland.
Moore pointed out the proposed park area.
Billington questioned the letter submitted from the Dodys regarding Wedgewood Lane.
Bodem responded there is no connection between this development and their concerns. It
would not have a substantial impact.
Ringstad noted staff recommended a possible road realignment with respect to James
Court - how is that going to affect the development? Bodem responded they would not
have any problems with the change. It should fit.
Billington asked Bodem ifhe thought there would be any problems with the wetland
mitigation. Bodem said they did not feel it was a problem and would be a benefit
creating a better wetland. It is evaluated by all the government agencies.
Wade Waddell, 18301 Country Squires, said his understanding is the wetland
replacement is 2 to 1. The wetland is substantial and drains into the lower wetland near
the proposed site on 180th Street. Where does the water drain after 51 new lots? Rice
Lake or across 180th Street? Two years ago Spring Lake Township put 3 culverts into the
adjacent lot across the road. Currently they are having difficulty keeping the area
drained. His understanding is that this development will drain into a small pond with a 8
inch outlet. This will turn into a lake. If this proposal is approved, he suggests at least 1
24 inch pipe is redirected.
His second concern is the connection of Sunray to 180th Street turning into a drag strip.
He is continually cleaning out garbage in the ditches. Waddell said he already had a
problem with Spring Lake Township when the widened the road. This is a concern for
him as they already have a water problem and takes a month to a month and a half to
drain the existing runoff.
Waddell said the SE comer of the 40 acre parcel to the left of the site plan and the back of
his lot and neighbor's property would be succumbed to any rain or water swellage.
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Poppler responded to Waddell that his concerns were also open concerns from the staff.
Lemke pointed out the City Engineering Department and the PLSL Watershed District
would be reviewing the plans so there is no additional runoff than what is current.
Poppler agreed and noted the proposed rates must equal the existing rates or less.
Billington explained nothing will proceed until all the agency requirements are met.
Poppler went on to explain the bounce on the wetlands.
Moore pointed out the wetland mitigation concerns have to be addressed. Anyone who
has specific questions could contact staff.
Poppler said the wetland edges have to be delineated in the field this Spring.
Waddell said the DNR already has the delineations. He could not put in a pond in his
back yard per the DNR.
Poppler said staff verifies the exact locations.
Moore stated the DNR also reviews the plans.
Nancy Frinkman, owns the 40 acre plot at 17801 Fairlawn Avenue, said her greatest
concern is the wetlands. Her land is in a government program and is very concerned for
wildlife and the wetland impacts. Frinkman pointed out the wetlands and explained the
(drainage) history of the area.
Tim K videra, 17776 Wedgewood Lane, thanked staff for having the report on the
web site. K videra was concerned for the wetlands and tree preservation plan and removal
of so many trees. K videra said he could not read all the lot dimensions but looked like
some of the lots did not meet the requirements. It looks like 100% of the trees will be
removed. The old growth trees are in streets or housing pads. He also asked where the
money for the park dedication would go. Moore responded it went into the general park
funding for infrastructure or other properties if necessary.
K videra felt most of the development looks like it is going to drain into their area and
there is a 6 inch tile under his property that feeds Rice Lake. This needs to be looked at.
He agrees with all of staff conditions and concerns. Basically with staff and neighbors'
concerns he felt the development is premature and not ready to be approved.
Lynn Kvidera, 17776 Wedgewood Lane, wanted to expand on the drain tile - when the
ground is wet, a large amount of water runs right down their property to Rice Lake.
There is nothing in the plans to take care of this. When she looked at the topography map
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it looks like a lot of fill. They have already piled a 20 foot mound next to their property.
All of this has to be considered. No one talked to the neighbors on Maple Glen 2n .
Mark Schramm, 18091 Yorkshire, said his property is at the crest of the knob area
discussed by staff. Something will have to be done and was concerned for the impact.
He is also curious to see what is going to happen to his property with the water drainage.
The road had to be raised to accommodate the previous drainage.
Todd Bodem, Tollefson Development, pointed out the Kvidera property said the area is
going to be untouched. In addition, as far as the overall development, everything has to
be agreed upon, there is still work to be done, more engineering for example. City staff is
not going to allow this until all the conditions have been met.
Tim K videra, said he was surprised when Maple Glen 2nd cut down two and a half acres
of trees then brought in fill for 10 or 12 weeks, 12 hours a day to build the plateau. The
plateau is completely out of sync with the rest of the area. This development is
completely out of place with the rolling meadows. Why not have some stewardship to the
land?
The public hearing was closed at 7:30 p.m.
Comments from the Commissioners:
Ringstad:
. Agreed with the statement that this project is too premature to pass on tonight.
We heard concerns from the neighbors regarding the wetlands. I fully agree that
staff will not let this go through until all the conditions are met. However, I
would like to see it. It is nothing small. It is literally three sides of the
development where neighbors have legitimate concerns.
. It sounds like there have been issues in the past.
. Ifwe are going to change the proposed plat to eliminate a lot and reconfigure it. I
would like to see that.
. If Shoreland district lots are not the minimum square feet and the tree replacement
are not met - I would like to see the changes.
. For those reasons, I will be voting not to approve.
Billington:
. Every concern expressed by the neighbors is legitimate.
. Like to stress this is a preliminary plat, every phase of this project is looked over
by the engineering department to see that it works, or it won't be done.
. I have faith in the engineering staff and what the perspectives are on this. Every
phase goes under scrutiny or it won't be approved.
. It is a preliminary discussion and an agreement in principle.
. Under those conditions I will support the preliminary plat.
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Perez:
. Questioned if the final plat is a public hearing. Moore said it does not. It goes
right to the City Council.
. There are enough issues that have to be looked at and would like to bring it back.
. The public hearing was closed. Moore said it was up to the Commissioners, they
can close the public hearing or have it remain open and continue to a date
specific.
Ringstad questioned if the preliminary plat was denied and a lot of these issues were
worked on, is a new public hearing automatically scheduled with the new preliminary
plat proposed? Moore responded that was correct and went on to explain they could open
the public hearing and re-notice the neighbors. The Commissioners can specify what
they want.
Perez:
. Inclined to continue until we receive more information from the applicant.
Lemke:
. I think of this as a preliminary plat stage - we're looking at the density, the
alignment of the roads meeting the requirements. The details of whether the
water goes east or southeast is left to engineering department and the Prior Lake
Spring Lake Watershed District.
. Staffs own analysis is that this is ready to move to the City Council with the
conditions being met.
. The elevation of 180th Street is also taken care of at that stage.
. Not sure what can be worked out that we're going to look at that the staff and
Watershed District isn't - my thought is to move on to the City Council as a
preliminary plat.
Ringstad pointed out the plat could be changed. The potential road realignment for
James which was talked about but nothing was decided. Secondly, ifin deed the lot does
go away, the representative from Tollefson pointed out, the lots could change frontage,
size, etc. based on the Shoreland district.
Lemke said he understood Ringstad, but what specific direction would we be providing
the developer other than staffs conditions - fix the water and the size of the lots.
Ringstad responded he would like more detail analysis with the water and how 50+ lots is
going to affect the neighbors especially with the prior issues. I don't doubt the
engineering staff can't draw those conclusions and create that analysis, but I think there is
enough loose ends to pull it together, especially with the drainage history.
Perez agreed - let the public see the changes and comment. If continuing the public
hearing is the only way, that's what I am in favor of.
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Ringstad - confirm that City Council will approve if all of staff s and Planning
Commissioner's conditions are met on the Final Plat. Moore said that is not always the
case, some times other things come into play. As far as the development layout, if they
can meet all the requirements, especially if its not part of a PUD, predominately the
Council will approve.
Ringstad said there are 10 and potentially 11 conditions that have to be met. Approving a
preliminary plat tonight is taking it further than I am willing to approve.
Moore said the Commissioners could see this again to show that all the conditions have
been met before the final plat goes to the City Council.
Billington asked what additional engineering assurance could come about if we delay this
for a month. Poppler said a lot of the issues can be cleaned up depending on their
engineers. The wetland issue would still be there until this Spring when wetland edges
can be delineated.
Moore said staff can give more road direction a month from now. Any lots that need to
be taken out because they don't meet the requirements can be firmed up in a month.
Moore said staff recognized a number of outstanding issues and personally felt if it was
continued it would give the residents can still give their feedback at that time.
Todd Bodem responded the concept really isn't changing. It would take a month to get
all the information back anyway. His engineers could attend the meeting to explain
exactly how the bounce and flow of the drainage would work. He would recommend
approval as the conditions have to be worked out anyway. No matter if it is continued or
not they will address all the issues.
Ringstad said he would like to see it continued to March 13, and have their engineers
address the neighbors' concerns for runoff. He is not convinced this plat is ready for
approval at this point.
Billington explained all agencies review - it is just a preliminary plat.
Wade Waddell, 18301 Country Squires, said he doesn't necessarily doubt the City
Engineering department, however, look at the (Vierling property) over an amount of
water drained off from other developments. Look at the court costs with the landowner
and developer because the runoff turned his pasture into a lake. Waddell explained the
drainage problems on his own property. He is concerned if the engineers handle this
development like the Carriage Hills development it will be a problem.
MOTION BY RINGSTAD, SECOND BY PEREZ, RECOMMENDING CONTINUING
THE PUBLIC HEARING TO MARCH 13, 2006.
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V ote taken indicated ayes by Ringstad and Perez. Nay by Billington, Lemke abstained.
MOTION CARRIED.
6.
Old Business:
None
7. New Business:
A. Annual Code Enforcement Report.
Planning Coordinator Danette Moore, presented the Planning Report dated February 13,
2006, on file in the office of the City Building Department.
The City of Prior Lake received one hundred seventy one (171) complaints in 2005 for an
increase of twenty-nine (29%) compared to the one hundred twenty-two (122) complaints
in 2004.
As of the date of this report, one hundred sixty-five (165) complaint cases have been
closed with the average time required to document, investigate, and enforce compliance
of a violation was fourteen (14) days. The remaining six (6) cases are pending active
investigations and/or under enforcement proceedings. On two (2) of the pending cases
should be wrapped up in the spring.
Comments from the Commissioners:
Billington:
Was staff surprised by any of the numbers? Moore said staff responds to complaints, we
do not know if we have more repeat complaints or because of our winter people see more
MOTION BY RINGSTAD, SECOND BY BILLINGTON, RECOMMENDING
APPROVAL OF THE CODE ENFORCEMENT SUMMARY REPORT.
Vote taken indicated ayes by all. MOTION CARRIED.
B. Annual Variance Summary Report.
Planner Jeff Matzke presented the Planning Report dated February 13,2006, on file in the
office of the City Planning Department.
The 2005 variance requests are comparable to requests made in the previous five years.
Eight residents applied for variances for a total of 17. Of the 17, 13 were approved, four
denied and one resident appealed two variances. The City Council upheld the Planning
Commissioner's denial on the appeal. Six of the variances were in the Shoreland District
and six were riparian lots. The majority of the variances were requested to make
improvements to existing single family dwellings in required side, rear and lakeshore
sides. The applications with the largest number of requests were for new construction on
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Planning Commission Meeting
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nonconforming lots. The Planning Commission was fairly consistent in denying
variances where there were legal alternatives.
MOTION BY BILLINGTON, SECOND BY RINGSTAD, ACCEPTING THE
ANNUAL VARIANCE REPORT AS SUBMITTED.
Vote taken indicated ayes by all. MOTION CARRIED.
Perez noted he liked the trend of reduced variance applications. Staff is working with
applicants.
8. Announcements and Correspondence:
Lemke thanked his fellow Commissioners for allowing him to serve on the Tree
Preservation committee.
9. Adjournment:
The meeting adjourned at 7:59 p.m.
Connie Carlson
Recording Secretary
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PUBLIC HEARING
Conducted by the Planning Commission
0\nct~~ ~ Ff 0rltOJ\.).,_ I ~ I dDO~
The Planning Commission welcomes your comments in this matter. In fairness to
all who choose to speak, we ask that, after speaking once you allow everyone to
speak before you address the Commission again and limit your comments to new
information.
Please be aware this is the principal opportunity to provide input on this matter.
Once the public hearing is closed, further testimony or comment will not be possible
except under rare occasions.
The City Council will not hear additional testimony when it considers this matter.
Thank you.
ATTENDANCE - PLEASE PRINT
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