HomeMy WebLinkAbout11-18-1991 Planning Commission MinutesPlanning commission
CITY OF ORONO
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MINUTES OF THE ORONO PLANNING COMMISSION MEETING OF NOVEMBER 18, 1991
ROLL
• The Orono Planning Commission meet on the above date with the
following members present: Planning Commission Chair Charlie
Kelley and Planning Commission Members Maureen Bellows, Candace
Rowlette, Charles Schroeder and Jeff Johnson. Ed Cohen and Sara
Moos was absent. The following represented the City Staff:
Building and Zoning Administrator Jeanne Mabusth, Septic System
Manager Stephen Weckman, and City Recorder Teri Naab. The
following Council Members were present: Council Members Jabbour,
Goetten and Callahan. Chair Kelley called the meeting to order
at 7:00 p.m.
(##1) ##1691 & ##1702 CITY OF LONG LAKE,
130 ORONO ORCHARD ROAD NORTH
A) AMENDMENT OF COMMUNITY MANAGEMENT PLAN /PRELIMINARY
SUBDIVISION
B) CONDITIONAL USE PERMIT FOR PLANNED RESIDENTIAL DEVELOPMENT
PUBLIC HEARING 7:00 — 8:00 P.M.
The Affidavit of Publication and Certificate of Mailing was
noted.
David Roos of McCombs Frank Roos was present to represent the
City of Long Lake. He noted they have redesigned the plat and
the road alignment as directed by the City Council. He stated he
was there to request Planning Commission action on this matter.
• Mabusth noted that this property was excluded from the
subdivision moratorium. She noted they are proposing a 13 lot
PRD development based on standards of the 2 acre zoning. The
property consists of 24.5 acres and 26 acres are needed to
satisfy the PRD requirements. Applicants are seeking a lot area
variance of 1.5 acre. Each pad meets approximately a 1 acre
density. She stated that Lot 1, Block 1 would not have interior
access. Mabusth pointed out the outlot would be retained for
possible future expansion to the north. The floodplain has been
designed at 947.3' and therefore the lagoon cannot be used for
drainage of the runoff as it is below that elevation. She noted
that a retention pond would be developed in the southern portion
of the property directing runoff through a culvert and through
the private property to the east. A retention pond is considered
for the northern portion also. Mabusth stated that the
applicants propose special setbacks for several of the lots. Lot
1, Block 1 would have a 25' setback from the roadway. Pads along
Orono Oaks plat would have a 50' rear setback. All lots include
a 35' street setback and a 10' side setback. She noted that
building pads have been proposed on either side of the forcemain,
which may be an issue to consider.
Jim Palmer, 1350 Orono Oaks Drive, stated that he is the
property owner to the east and is shocked to find that the City
•is considering directing runoff through his property. He noted
that he was not prepared to address the issue.
MINUTES OF THE ORONO PLANNING COMMISSION MEETING OF NOVEMBER 18, 1991
#1691 & 1702 — CONT.
• Mabusth explained that per the Watershed District's regulations,
the rate of runoff cannot be increased across private property.
She noted there may be the need to develop the retention pond.
Chair Kelley asked if an easement would be taken over that
retention area.
Mabusth indicated that an easement would be taken over the area
and the City would also ask for a 10' wide drainage and utility
easement along the southern lot line.
Palmer asked about the elevation of the property.
Roos confirmed that drainage from Lots 8 and 9 would drain
towards Palmer's property, but that runoff would be less than
current runoff. He proposed that no additional grading other
than for normal house construction is proposed and hoped they
would be able to stay out of the 50' setback area.
Chair Kelley asked why the 50' setback was being proposed.
Mabusth indicated that the 50' setback was proposed by applicants
in response to the neighbors' opposition to development of the
land.
Bellows advised that the drainage and grading plans do not show
• final grading and she noted there is no indicated as to how those
final elevations would be accomplished. She asked how a plan as
such could be sent to the Watershed District for approval.
Mabusth noted that it has been sent to the Watershed and they area
awaiting a recommendation from the City. She stated that the
plan can be brought back to the Planning Commission after the
Watershed has responded to the request.
Bellows felt that the grading shown indicates a substantial
change in elevations and she did not see how that was to be
achieved.
Greg Kellenburger, 105 Orono Orchard Road, commented that the
applicants had rerouted the entrance, which he felt was an
improvement, but the proposed entrance brings it closer to the
curb and that may be a problem. He felt another alternative
would be to route the road to Orono Oaks Road for a safer access.
He felt that Lot 1, Block 1 was a questionable buildable lot. He
also felt that the road could be narrower than 30' to allow for
maintenance of mature trees.
Ardis Poquette, 260 Orono Orchard Road, asked if a survey had
been done.
• Mabusth noted that a survey had been submitted.
2
MINUTES OF THE ORONO PLANNING COMMISSION MEETING OF NOVEMBER 18, 1991
#1691 & 1702 — CONT.
• Chair Kelley asked where the new proposed dividing line between
the two cities was to be.
Mabusth indicated that the entire parcel would become part of
Long Lake and the new boundary would be just north of Orono Oaks
Drive.
Chair Kelley asked how that affects maintenance when a road is
half in Orono and half in Long Lake.
Mabusth advised that the road issue would have to be addressed in
the covenant and the City would also request restoration of Orono
Oaks Drive.
Bellows stated her opposition to the creation of Lot 1, Block 1
as it appears as a totally separate lot that is being created.
Mabusth explained that the original plan provided for two lots in
that area. She felt this plan had greatly improved and was
pleased to see the change. She indicated Lot 1 is a part of the
property and therefore must be treated as such.
Bellows felt that it may be considered as gerry— mandering.
Mabusth noted that municipal boundary lines are very gerry-
mandered.
• Bellows proposed that they are trying to deal with the PRD but it
is a very sensitive issue and felt that Lot 1 stands out as a
monophony.
is
Mabusth asked if she felt it made more sense to move the building
pad to the other side of the lagoon. Mabusth stated that she
would rather leave it as is because it would cause further
changes in elevations on the eastern side.
Kellenburger felt that a 20' front setback for Lot 1 was not
larger enough. He pointed out that Orono Orchard Road is used
greatly by pedestrians and bikers on their way to the Luce Line
Trail and asked about a possible pathway.
Mabusth stated that the City does have a comprehensive trail
system plan but a pathway has not been considered for this area.
Chair Kelley asked about lot coverage restrictions.
Mabusth noted that the code allows for 15% coverage for areas of
less than 1 acre and that could be incorporated within the
covenant.
Roos reported that a 15% lot coverage was indicated on the plat.
3
MINUTH OF THE ORONO PLANNING COMMISSION MEETING OF NOVEMBER 18, 1991
#1691 & 1702 — CONT.
•Chair Kelley asked if the City of Long Lake understood the
ramifications of a limited lot coverage.
Roos said they understood it to include the principal residence
and all outbuildings on the property. He clarified that Lot 1
would have a 25' setback from Orono Orchard Road.
Chair Kelley asked how the City would safeguard that the zoning
restrictions imposed would not change.
Mabusth noted that restrictions would be included within the
covenant, and the City could specifically note all setbacks for
each lot.
Chair Kelley asked what about changes in Orono's regulations,
would they apply?
Mabusth informed him that the property would be subject to
current restrictions.
Council member Callahan noted that the regulations for the
property will be frozen in time. If changes to the covenants are
proposed, they would have to be approved by both cities.
is
Bellows noted that part of their process was to approve the final
drainage and grading plans which have not been supplied and felt
the application should be tabled until all pertinent information
was supplied.
Chair Kelley asked that guest house use, rental apartments, home
occupations, and duplex use be addressed in the covenant.
Mabusth stated that pertinent standards of the R -1A zoning
district could be incorporated within the covenant.
Kellenburger noted that it is interesting that the City of Long
Lake is endorsing the southern corridor for Highway 12
considering the impact upon this property.
Chair Kelley stated that he could not comment on that issue.
Council member Goetten felt the issue was not within the
Commission's jurisdiction.
Bellows felt it was a valid public opinion.
4
Bellows
indicated she wanted
the Planning Commission to be able
to review
the covenant prior
to final approval.
SMabusth
noted that was not
typical procedure but it could be
returned
for review.
is
Bellows noted that part of their process was to approve the final
drainage and grading plans which have not been supplied and felt
the application should be tabled until all pertinent information
was supplied.
Chair Kelley asked that guest house use, rental apartments, home
occupations, and duplex use be addressed in the covenant.
Mabusth stated that pertinent standards of the R -1A zoning
district could be incorporated within the covenant.
Kellenburger noted that it is interesting that the City of Long
Lake is endorsing the southern corridor for Highway 12
considering the impact upon this property.
Chair Kelley stated that he could not comment on that issue.
Council member Goetten felt the issue was not within the
Commission's jurisdiction.
Bellows felt it was a valid public opinion.
4
MINUTES OF THE ORONO PLANNING COMMISSION MEETING OF NOVEMBER 18, 1991
Roos noted that Ceil Strauss of the DNR had conceptually approved
some filling of the lagoon in order to maintain a gradual slope.
Bellows asked if the roadway would meet the 26' setback from the
lagoon.
Mabusth noted
#1691 & #1702
— CONT.
would have to be granted
•
Johnson asked
if the
lagoon would be treated as a wetland area
She noted that the applicants
with the same
setback
requirements, and noted the affect upon the
Army Corp
lagoon because
of the
roadway.
Roos noted that Ceil Strauss of the DNR had conceptually approved
some filling of the lagoon in order to maintain a gradual slope.
Bellows asked if the roadway would meet the 26' setback from the
lagoon.
Mabusth noted
that a
variance
would have to be granted
for
encroachment
into this
setback.
She noted that the applicants
half
are working
with the
Army Corp
of Engineers and the DNR
for
approval, and
indicated
that
the road will be reviewed
and
developed by
the City
of Long Lake.
She indicated that
the
current roadway
is right
up to the
edge of the lagoon.
Bellows asked how they could not deal with a major aspect of the
development such as the roadway. She asked what would happen if
the Watershed did not allow the increase in flow.
Mabusth indicated that a new plan would have to be submitted.
Johnson recommended refinement of the drainage plan affecting the
property to the east. He felt that drainage may increase with
more vegetation planted and additional hard surface in the area.
iBellows asked that the covenant include maintenance of natural
vegetation within the 50' setback area.
Roos indicated that per the comments of residents of Orono Oaks,
berms may be constructed between the properties to reduce impact
of the development.
Schroeder noted he was not comfortable and wanted to know what
would be included within the covenant.
Rowlette understood that lot area variances had never been
granted for a PRD development before and felt it was a negative
precedent.
Mabusth felt there were unique findings in this situation.
Rowlette indicated the need to protect Orono residents along the
property boundaries.
Bellows noted that if a berm were to be constructed it would only
work on half of the boundary line because of the elevation of the
property.
E
Mabusth
proposed
that
a swale
may
be developed
on the
second
half
•
of the
line.
She
asked
if
landscaping
issues
should
be
E
�J
•
•
MINUTES OF THE ORONO PLANNING COMMISSION MEETING OF NOVEMBER 19, 1991
#1691 & #1702 — CONT.
Chair Kelley stated that they absolutely should be addressed.
Rowlette asked about entrance monuments.
Mabusth noted that the covenant may wish to restrict height of
monuments.
Bellows felt the application should be tabled but felt the
Commission's hands were tied as the application needed to move
on to the Council to make the deadline of the Municipal Board
meeting.
It was moved by Johnson, seconded by Schroeder, to recommend
approval of Application ##1691 and #1702, City of Long Lake for
property at 130 Orono Orchard Road North, for a commercial use
permit for a planned residential development, an amendment to the
Comprehensive Plan, a variance to the lot area standards, and a
variance to the required 26' wetland setback, subject to
appropriate conditions included within the covenant and subject
to conditions noted on Page 5 and 6 of the memo dated November
15, 1991 to the Planning Commission from the Zoing Administrator.
Ayes 3, nays 2. Chair Kelley and Bellows voted nay.
( #2) #1703 EDWIN J. & TRACEE GIBBS,
VACATION OF UNIMPROVED RIGHT —OF —WAY, CLARA AVENUE
PUBLIC HEARING 8:10 — 8:15 P.M.
The Affidavit of Publication and Certificate of Mailing was
noted.
Edwin and Tracee Gibbs were present.
Ralph and Ruth Knox, 1029 Loma Linda Avenue were present for the
application. They stated that they would like to obtain partial
ownership of the vacated street.
Mabusth stated that the Public Works Director has reviewed the
request for future public use and only asked that a 10' wide
drainage and utility easement be provided along the present
roadway. She indicated that the Knox would like to have the City
maintain a corridor to allow access to the southern portion of
their property.
Knox noted the previous owner of his property had deeded a 10'
easement for Clara Avenue and felt it should revert to his
property ownership.
Mabusth pointed out Knox would have to obtain an old legal
description of the property to prove his position.
It was moved by Chair Kelley, seconded by Bellows, to recommend
approval for Application #1703 for Edwin J and Tracee Gibbs for a
vacation of the unimproved right —of —way of Clara Avenue,
maintaining a southern corridor for access to 1029 Loma Linda
Avenue. Ayes 5, nays 0.
.�
MINUTES OF THE ORONO PLANNING COMMISSION MEETING OF NOVEMBER 18, 1991
( #3) #1697 JIM RIVERS,
1440 SHORELINE DRIVE —
AFTER — THE —FACT VARIANCE — PUBLIC HEARING 8:15 -8:27 P.M.
The Affidavit of Publication and Certificate of Mailing was
noted.
Jim and Mary Rivers were present for this application.
Mabusth explained this application involves the after — the —fact
construction of a deck placed over existing stone patio in 1978.
She noted that permits were issued for the construction of the
addition and the shed at the same time as the deck was
constructed.
Rivers noted the stone patio was there directly below the current
deck. He didn't realize the permit had been issued for the
addition and shed. He indicated there used to be a concrete boat
road to the residence which has been removed.
Mabusth noted that all three parcels owned by the applicants were
used commercially in the past.
Chair Kelley asked the owners why they felt the application was
before the Commission at this time.
Rivers noted that his neighbor had done extensive remodeling and
then wanted a deck which was denied, so the neighbor indicated
• that the Rivers had been allowed their deck, which triggered the
application.
Johnson asked if a condition of approval be that no
intensification or replacement of the deck be allowed.
Mabusth noted that had been done in the past.
It was moved by Chair Kelley, seconded by Johnson, to recommend
approval of Application #1697 for Jim Rivers of 1440 Shoreline
Drive, for an after — the —fact variance to allow the deck structure
to remain, subject to no intensification or replacement of the
structure be allowed. Ayes 5, nays 0.
( #4) #1698 JIM RIVERS,
1440 SHORELINE DRIVE —
AFTER— THE —FACT VARIANCES — PUBLIC HEARING 8:28 -8:32 P.M.
The Affidavit of Publication and Certificate of Mailing was
noted.
Jim and Mary Rivers were present for this application.
Mabusth noted that a variance was granted in 1976 for an addition
to the existing residence which did not include the addition of a
deck.
7
MINUTES OF THE ORONO PLANNING COMMISSION MEETING OF NOVEM ®EN 19, 19 @1
#1698 — CONT.
10 Rowlette noted that the plans specifically stated that they do
not include approval of a deck.
•
Bellows clarified that the structure is actually a three season
porch.
Rivers reviewed that the deck was added when the addition was
built. He stated that Jacobs, the inspector, reviewed the
addition and noted the deck but felt that because of the exit
through the patio doors, some sort of access would have to be
allowed to remain.
Rowlette confirmed that patio doors were approved on the plan
leading to an approved staircase.
Johnson reviewed that the deck was added then later became a
three season porch.
Rivers noted there is a big cottonwood near the deck. He stated
that the porch is not heated and is actually portable as the
screen panels can be removed.
Bellows reiterated that the plans state "no lakeside deck shown"
Rowlette concurred and noted that the deck is sitting right on
top of the water.
Rivers asked if they returned with a plan to reduce hardcover on
the property, would the Commission consider allowing the deck to
remain?
Mabusth reminded the Commission that the applicants are obliged
to maintain parking area within the street yards per a previous
condition of approval.
Chair Kelley stated the applicants should return with a plan and
he noted that he would also like to see a plat of the current
right —of —way allowances for that area.
It was moved by Chair Kelley, seconded by Bellows, to table
Application #1698 for Jim Rivers of 1440 Shoreline Drive, to
allow applicant time to submit a plan for hardcover reduction on
the property. Ayes 5, nays 0.
93
MINUTES OF THE ORONO PLANNING COMMISSION MEETING OF NOVEMBER 18, 1991
( #5) #1699 MICHAEL RENARD,
1185 TONKAWA ROAD —
• RENEWAL VARIANCES — PUBLIC HEARING 8:38 -8:39 P.M.
The Affidavit of Publication and Certificate of Mailing was
noted.
Michael Renard was present.
Mabusth noted this is a second renewal of a variance request.
Chair Kelley informed the applicant that the City may have new
regulations required for lakeshore lots and that could change the
calculations for his proposal and in the future it may not be an
automatic approval.
It was moved by Chair Kelley, seconded by Johnson, to recommend
approval for Application 1699 for Michael Renard of 1185 Tonkawa
Road, for a renewal variance to allow construction of an
addition to his existing residence. Ayes 5, nays 0.
( #6) #1700 DALE MCCURDY,
4041 NORTH SHORE DRIVE —
VARIANCE — PUBLIC HEARING 8:39 P.M.
The Affidavit of Publication and Certificate of Mailing was
noted.
aNo one was present for this application.
It was moved by Chair Kelley, seconded by Bellows, to table
Application #1700 for Dale McCurdy of 4041 North Shore Drive,
until such time that applicant or a representative could be
present for the meeting. Ayes 5, nays 0.
( #7) #1701 PHYLLIS B. SPRAGUE,
3340 NORTH SHORE DRIVE —
VARIANCE — PUBLIC HEARING 8:40 -8:45 P.M.
The Affidavit of Publication and Certificate of Mailing was
noted.
Mrs. Sprague and her son and daughter —in —law were present for
this application.
Mabusth stated that the residential use had ceased sometime in
1985. She noted that a commercial use was never approved for
this property. A variance would need to be granted to the non-
conforming use of this section of the code and stated that the
City Attorney warned against such an approval.
E
MINUT9§ OF THE ONONO PLANNING COMMISSION MEETING OF NOVEMBER 18, 1991
( #8) #1704 C. ARNOLD CARLSON /DARLOW MADGE,
855/875 FOREST ARMS LANE —
CONDITIONAL USE PERMIT /VARIANCE —
REQUEST TO RESCHEDULE AT A LATER MEETING
( #9) REPORT BY PLANNING COMMISSION REPRESENTATIVE TO COUNCIL
MEETING OF NOVEMBER 12, 1991
Johnson attended the meeting of the Council on November 12th. He
noted that the Council had trouble dealing with the request by
Brinkley on North Shore Drive to allow construction of a garage.
Johnson stated that the Council directed the Commission to
establish guidelines for entrance monuments.
• ( #10) STATUS REPORT BY LAKE USE COMMITTEE REPRESENTATIVE
Chair Kelley noted the Committee worked on a comprehensive plan
for marinas. He stated that the first draft of the DNR
regulations has been completed and Gaffron was currently
compiling all comments on the regulations. He noted that it
would be submitted to the DNR sometime in January of 1992. He
felt that the regulations would be for the betterment of all
lakes and natural resources in the area.
( #11) STATUS REPORT BY FACILITIES COMMITTEE REPRESENTATIVE
Chair Kelley noted that the City facilities project has been put
on hold due to the weather. He stated that the excavator has
withdrawn his bid until May of next year. Kelley noted that work
is continuing in development of the plans for City hall and the
police department. He noted that the City will proceed with the
sale of the bonds.
Bellows asked if it were true that they were operating with soil
borings of the site from 1987. She noted that it should be
required to submit more current borings when dealing with
development.
Johnson felt that now may be the time for corrective work to the
soil to allow water to be shed off instead of soaked into the
• ground.
10
#1701 — CONT.
Chair Kelley
clarified that the structure
is proposed to be used
for storage
and combined with the existing
residential lot next
door. He felt
it was a great solution to
a terrible situation.
He noted that
a bath and kitchen would
not be allowed in the
structure and
there should not be habitual
residential use of the
property.
It was moved
by Chair Kelley, seconded by
Schroeder, to recommend
approval of
Application #1701 for Phyllis
Sprague of 3340 North
Shore Drive,
to allow a residential use
of property zoned B -2.
Ayes 5, nays
0.
( #8) #1704 C. ARNOLD CARLSON /DARLOW MADGE,
855/875 FOREST ARMS LANE —
CONDITIONAL USE PERMIT /VARIANCE —
REQUEST TO RESCHEDULE AT A LATER MEETING
( #9) REPORT BY PLANNING COMMISSION REPRESENTATIVE TO COUNCIL
MEETING OF NOVEMBER 12, 1991
Johnson attended the meeting of the Council on November 12th. He
noted that the Council had trouble dealing with the request by
Brinkley on North Shore Drive to allow construction of a garage.
Johnson stated that the Council directed the Commission to
establish guidelines for entrance monuments.
• ( #10) STATUS REPORT BY LAKE USE COMMITTEE REPRESENTATIVE
Chair Kelley noted the Committee worked on a comprehensive plan
for marinas. He stated that the first draft of the DNR
regulations has been completed and Gaffron was currently
compiling all comments on the regulations. He noted that it
would be submitted to the DNR sometime in January of 1992. He
felt that the regulations would be for the betterment of all
lakes and natural resources in the area.
( #11) STATUS REPORT BY FACILITIES COMMITTEE REPRESENTATIVE
Chair Kelley noted that the City facilities project has been put
on hold due to the weather. He stated that the excavator has
withdrawn his bid until May of next year. Kelley noted that work
is continuing in development of the plans for City hall and the
police department. He noted that the City will proceed with the
sale of the bonds.
Bellows asked if it were true that they were operating with soil
borings of the site from 1987. She noted that it should be
required to submit more current borings when dealing with
development.
Johnson felt that now may be the time for corrective work to the
soil to allow water to be shed off instead of soaked into the
• ground.
10
MINUTES OF THE ORONO PLANNING COMMISSION MEETING OF NOVEMBER 18, 1991
FACILITIES COMMITTEE REPRESENTATIVE REPORT — CONT.
Council member Jabbour noted that the road must go in first in
order to proceed with the project. He pointed out that the next
lowest excavation bid is $105,000 higher.
Bellows noted that she has not been notified of facility
committee meetings and requested staff to do so in the future.
Bellows stated that since the project has been delayed, perhaps a
review of Boarman's contract is appropriate so as not to incur
unnecessary expense.
(##12) OTHER ISSUES
Rowlette requested another joint meeting of the Planning
Commission and Council.
Bellows felt it may be appropriate to invite the Park Commission
to a meeting to find out what they are proposing.
(##13) APPROVAL OF MINUTES
It was moved by Johnson, seconded by Chair Kelley, to approve the
minutes of the October 21, 1991 Planning Commission. Ayes 5,
nays 0.
(##14) REPRESENTATIVE TO THE COUNCIL MEETING
Bellows volunteered to attend the December 9, 1991 Council
meeting.
ADJOURNMENT
Chair Kelley adjourned the regular Planning Commission meeting at
9:00 P.M.
• Charles Kelley, Chair Person
11
Chair Kelley stated that he met with Dick Flint of the
Park
Commission to discuss the Orono sewer pond site and the park
plan
of Orono. Flint advised him that he would like to see the
site
developed with three building pads in order to acquire
the
$150,000 needed for the facilities project. Kelley felt that
the
land should be maintained as a park and that the City should
not
sell land for development as land may be needed for parks
some
day in the future and will be even more expensive than currently.
He noted that this site is a habitat for much wildlife and
also
is a part of the French Lake water system.
•
Council member Callahan explained that he was under
the
impression that the Park Commission was split on opinion
of
development of this site and some members even felt that the
site
was unvaluable as a park.
Bellows felt it may be appropriate to invite the Park Commission
to a meeting to find out what they are proposing.
(##13) APPROVAL OF MINUTES
It was moved by Johnson, seconded by Chair Kelley, to approve the
minutes of the October 21, 1991 Planning Commission. Ayes 5,
nays 0.
(##14) REPRESENTATIVE TO THE COUNCIL MEETING
Bellows volunteered to attend the December 9, 1991 Council
meeting.
ADJOURNMENT
Chair Kelley adjourned the regular Planning Commission meeting at
9:00 P.M.
• Charles Kelley, Chair Person
11