Planning Commission Meeting Minutes
Monday, January 9, 2006
Chair
Sharon Braun called the regular meeting of the Wayne Planning Commission to
order at 7:30 p.m., on Monday, January 9, 2006 in the Council Chambers of the
Wayne Municipal Building. Roll call was
taken with the following members present:
Darrell Miller, Kelby Herman, Kyle Nelson, Randy Brenner, Pat Melena,
Derek Hill, Mark Ahmann, Chair Sharon Braun, and Chief Inspector/Planner George
Ellyson. Absent: Vicki Pick.
Motion
made by Commissioner Brenner and seconded by Commissioner Melena to approve the
minutes of November 7, 2005 as presented.
Chair Braun stated the motion and second. Roll call vote was taken with the following: Commissioner Ahmann - aye; Commissioner Hill
- aye; Commissioner Melena - aye; Commissioner Brenner - aye; Commissioner
Nelsen - aye; Commissioner Herman - aye; Commissioner Miller - aye; and Chair
Braun - aye. Chair Braun declared the
motion carried unanimously.
Motion
made by Commissioner Miller and seconded by Commissioner Nelsen to approve the
minutes of the special meeting of November 21, 2005 as presented. Chair Braun stated the motion and
second. Roll call vote was taken with
the following: Commissioner Brenner -
aye; Commissioner Melena - aye; Commissioner Hill - aye; Commissioner Ahmann -
aye; Commissioner Miller - aye; Commissioner Herman - aye; Commissioner Nelsen
- aye; and Chair Braun - aye. Chair
Braun declared the motion carried unanimously.
Prior
to the public hearing, Inspector Ellyson handed out information to the
Commission regarding the NPZA conference in Kearney.
Chair
Braun stated that she had attended one day of the conference and would have
liked to attend the entire conference. Chair Braun stated that attending the
conference has changed the way in which the Commission votes, which is
individually for legal reasons. Chair
Braun did not realize how important the Comprehensive Plan was to the decisions
the Planning Commission made until she attended the conference.
Inspector
Ellyson noted to the Commission to let either him or Chanelle know as soon as
possible if any of the members would like to attend this year's conference.
Chair
Braun stated the time was at hand for the public hearing regarding the Use by
Exception Request Section 90-294(13) Single Family Dwelling B-3 Zoning
District, address 109 South Lincoln, applicant being the City of Wayne.
Inspector
Ellyson noted for the Commission that the City of Wayne is making application
for this public hearing as well as the next three scheduled public
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Monday,
January 9, 2006
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Two
hearings
on behalf of the owners of the four residential units that are located in the
area recently rezoned to B-3. Since the
area was rezoned, Inspector Ellyson noted for the Commission that he would like
it to be of public record that these four residential dwellings be granted a
use by exception. This would allow the
owners to rebuild or expand these structures and gives the owners the ability
to use their dwelling units as they purchased them (for residential
dwellings). Inspector Ellyson opined
that this is basically a housekeeping issue that documents what the rezoning
did and it provides the landowners with the rights they deserve.
Chair
Braun asked for any comments from the public or from the Commission. There being none, Chair Braun closed the
public hearing.
Motion
made by Commissioner Melena and seconded by Commissioner Miller to forward a
recommendation of approval to the City Council for the Use by Exception request
for Section 90-294(13) Single Family Dwelling B-3 Zoning District, address 109
South Lincoln. Chair Braun stated the
motion and second. Roll call was taken
with the following: Commissioner Nelsen
- aye; Commissioner Herman - aye; Commissioner Miller - aye; Commissioner
Ahmann - aye; Commissioner Hill - aye; Commissioner Melena - aye; Commissioner
Brenner - aye; and Chair Braun - aye.
Chair Braun declared the motion carried unanimously.
Commissioner Miller commented on the NPZA
conference. Commissioner Miller stated
that he attended just one day of the conference last year and it was really
good and interesting and worthwhile.
Commissioner
Brenner questioned Inspector Ellyson if someone wanted to attend just one day,
what would he recommend.
Inspector
Ellyson stated that there was not really one session in particular. Inspector Ellyson noted that it was up to
the individual as to what perked their individual interest.
Chair
Braun stated the time was at hand for the second public hearing regarding the
Use by Exception request for Section 90-294(13) Single Family Dwelling B-3
Zoning District, address 115 South Lincoln, applicant being the City of Wayne.
Inspector
Ellyson stated this hearing was similar to the first hearing.
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Monday,
January 9, 2006
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Chair
Braun opened discussion among the public. There being no discussion, Chair
Braun opened discussion among the Commission members. There being none, Chair Braun closed the public hearing.
Motion
made by Commissioner Ahmann and seconded by Commissioner Melena to forward a
recommendation of approval to the City Council for the Use by Exception request
for Section 90-294913) Single Family Dwelling B-3 Zoning District, address 115
South Lincoln, applicant being City of Wayne.
Chair Braun stated the motion and second. Roll call was taken with the following: Commissioner Brenner - aye; Commissioner Melena - aye;
Commissioner Hill - aye; Commissioner Ahmann - aye; Commissioner Miller - aye;
Commissioner Herman - aye; Commissioner Nelsen - aye; and Chair Braun - aye.
Chair Braun stated the motion carried unanimously.
Commissioner
Ahmann questioned why the first four public hearings could not be held at one
time, rather than four separate hearings.
Inspector Ellyson stated nothing, other than they are published at four
separate hearing times. Chair Braun
noted that the Commission may have someone come forward who is a neighbor to
one of the property addresses that does not understand what is happening. Inspector Ellyson stated that each address
is a separate entity and that out of courtesy to the property owners, separate
hearings would be held for each specific address.
Chair
Braun moved onto the last agenda item, discussion regarding the possible
rezoning of the industrial designation on the west side of Highway 15 and south
of Clark Street.
Inspector
Ellyson stated that he provided the Commission a map of the area for
discussion. Inspector Ellyson noted
that zoning lines typically follow boundary lines, such as streets or
alleys. Inspector Ellyson asked the
Commission to review the map he provided and how would the Commission clean up
the zoning inconsistencies.
Chair
Braun stated the time was at hand for the third public hearing regarding a Use
by Exception request for Section 90-294(13) Single Family Dwelling B-3 Zoning
District, address 110 South Pearl, applicant being City of Wayne.
Chair
Braun opened the public hearing for discussion among the public.
Jackie
Davie, property owner of 110 South Pearl Street, was present to address the
Commission. Ms. Davie questioned if
they could rebuild. Inspector Ellyson
stated that with the rezoning, the property owner has the right to obtain a
building
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Monday,
January 9, 2006
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permit.
Ms. Davie questioned how close would she be allowed to build next to the
property line. Inspector Ellyson stated
that Ms. Davie would need to meet the residential requirements of the zoning
code, which for her would be a five foot setback for side-yards and 25 foot
setback for front-yards.
Ms.
Barb Holdorf of 114 South Pearl Street was present to question the Commission
regarding the parking of vehicles all night with refrigeration units. Inspector Ellyson stated not so much within
the zoning, but rather within the municipal code. Inspector Ellyson asked Ms. Holdorf to stop by his office the
next day to look further into the matter.
Chair
Braun asked for any other comments from the public or the Commission. There being
none, Chair Braun closed the public hearing.
Motion
made by Commissioner Nelsen and seconded by Commissioner Hill to forward a
recommendation of approval to the City Council for the Use by Exception request
for Section 90-294(13) Single Family Dwelling B-3 Zoning District, address 110
South Pearl Street, applicant being City of Wayne. Chair Braun stated the
motion and second. Roll call vote was
taken with the following: Commissioner
Miller - aye; Commissioner Herman - aye; Commissioner Nelsen - aye;
Commissioner Brenner - aye; Commissioner Melena - aye; Commissioner Hill - aye;
Commissioner Ahmann - aye; and Chair Braun - aye. Chair Braun declared the
motion carried unanimously.
Chair
Braun stated the time was at hand for the fourth public hearing regarding the
Use by Exception request for Section 90-294(13) Single Family Dwelling B-3
Zoning District, address 114 South Pearl Street, applicant being City of Wayne.
Chair
Braun opened the hearing for discussion among the public. Inspector Ellyson questioned Ms. Holdorf if
her concerns where the same as Ms. Davie's with regards to the issues. Ms. Holdorf stated they were the same. Chair
Braun asked for any other comments from the public or the Commission. There being none, Chair Braun closed the
public hearing.
Motion
made by Commissioner Miller and seconded by Commissioner Melena to forward a
recommendation of approval to the City Council for the Use by Exception request
for Section 90-294(13) Single Family Dwelling B-3 Zoning District, address 114 South
Pearl Street, applicant being City of Wayne.
Chair Braun stated the motion and second. Roll call vote was taken with
the following: Commissioner Ahmann -
aye; Commissioner Hill - aye; Commissioner Melena - aye; Commissioner Brenner -
aye; Commissioner Nelsen - aye; Commissioner
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Monday,
January 9, 2006
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Herman
- aye; Commissioner Miller - aye; and Chair Braun - aye. Chair Braun declared the motion carried
unanimously.
Chair
Braun moved onto the discussion item regarding the Tax Increment Financing
Agreement for Tim Bebee.
Mike
Bacon, was present to discuss this agenda item with the Commission. Mr. Bacon
is the attorney representing the City of Wayne regarding Tax Increment
Financing issues. Mr. Bacon stated he
prepared the paperwork for the Bebee/Jorgensen proposed project at the request
of the city. Mr. Bacon stated that the
duty of the Planning Commission is to take a look at the proposed plan and to
review and make recommendation to the City Council as to whether or not this
plan conforms with the general plan for the development of the city as a whole,
in other words, the city's comprehensive plan.
Does this use of the property fit in with the comprehensive plan?
Mr.
Bacon stated the Commission can do three things: 1) nothing; 2) make a recommendation, as an advisory position
only, that it does or it does not fit; or 3) that the proposed plan is not a
good deal. Mr. Bacon stated the issue
is, does this proposed project fit with the comprehensive plan.
Inspector
Ellyson noted that this agenda item was the topic for the special meeting held
in November. Due to the lack of Planning Commission members, a motion was made
to forward a recommendation to Council.
However, there were not enough votes to forward a recommendation. Only four votes were in favor and five votes
are needed; therefore, the issue is back before the Commission.
Mr.
Bacon stated that technically the statute reads that if no recommendation is
made one way or another within 30 days of submittal to the Commission, the City
Council then has the authority to act on their own.
Commissioner
Miller questioned Mr. Bacon that if the Commission is solely an advisory role,
then why would the Commission need to sign a resolution. Mr. Bacon noted that should a lawyer or
someone else question the vote or recommendation, then there is a signed
document saying that yes the Commission did hear the request and vote on the
issue.
Commissioner
Herman questioned what other issues in the Planning Commission do they not
approve and that they go back to try and push them through again after 30
days. Commissioner Herman questioned if
the Commission can hear any request after 30 days once it has been turned down.
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Monday,
January 9, 2006
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Mr.
Bacon opined that the Commission could always reconsider an issue that is
brought before them. Technically on
this particular issue, it did not need to come before the Commission, it could
have gone directly to the Council with no action taken.
Commissioner
Herman noted that LB875 states that the general plan for the development of the
city as a whole, in Commissioner Herman's opinion, how this reads in this bill
is that the development of the city as a whole which does this involves more
than if the piece of land is appropriate for this use, it should state that it
is the Commission's job to decide whether or not this project fits the land use
that it is zoned in. Commissioner
Herman stated that there is more involved than land use in the development of
the city.
Mr.
Bacon opined that what it could be referring to is the comprehensive plan that
is currently in place. Mr. Bacon
believed that this is what the bill was referring to. Mr. Bacon questioned, is this (project) a good idea to develop
the town in this manner?
Commissioner
Herman stated that was part of it.
Chair
Braun stated the time was at hand for the last public hearing regarding a Use
by Exception request for Section 90-425(7a) Special Conditions and Conditions
for Granting Exceptions (kiosk), address 216 East 7th Street,
applicant being Otte Construction on behalf of USave Pharmacy.
Inspector
Ellyson noted for the Commission that this is a conditional requirement for any
commercial entity that asks for a drive-up window kiosk and it is now a matter
of giving the Commission the opportunity to place, if they wish any special
conditions that they might deem appropriate to this particular location with
respect to fences, landscaping, etc.
Inspector Ellyson noted that this request will also need to go before
the City Council.
Commissioner
Herman questioned if this lot went all the way to Eighth Street.
Inspector
Ellyson noted that there is a lot north of the subject request area.
Jeff
Morlok, representing Otte Construction and on behalf of USave Pharmacy, was
present to address the Commission. Mr.
Morlok noted for the Commission if they were aware of the vacant lot to the
east of Dr. Braun's dental office, USave is also taking the residential lot located
directly to the north of the vacant lot.
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January 9, 2006
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Commissioner
Herman questioned if there was a house there.
Mr.
Morlok stated there was a house and garage on this lot that will be razed. Mr. Morlok further stated that the property
owner who sold the lot directly to the north of the vacant lot also owns the
next lot to that one. The property
owner, as part of the purchase agreement, has requested that a fence be placed
between the USave building and the residential structure along the north side
of the property.
Commissioner
Herman questioned if there would be a privacy fence located next to the alley.
Mr.
Morlok stated that he has not had any discussions with the owner regarding a fence
along the alley area or west property line.
Commissioner
Herman opined that is something he would consider having a fence on the north
and west.
Mr.
Morlok opined that he would ask consideration regarding a fence along the west
side, due to the fact that the alley is used and that a fence being placed to
far to the south could cause a sight impairment for drivers.
Inspector
Ellyson questioned Mr. Morlok regarding a topography difference between the
drive surface and the lot to the north.
Mr.
Morlok stated the property slopes from the northwest corner to the southwest
corner about eight or nine feet. It is
a fairly steep property, and there has been talk that there will probably be a
retaining wall about four or five feet high.
The plans are still in the preliminary stage.
Inspector
Ellyson noted that there would be some sought of elevation change from the
alley down to the drive surface.
Mr.
Morlok stated that the drawing shows three lanes; however, one lane is strictly
a path lane and not a drive-up window.
Inspector
Ellyson stated that the code requires that the potential developer demonstrate
three queues or parking spaces prior to the kiosk. With the kiosk being located on the west side of the building,
there is ample space.
Mr.
Morlok stated on behalf of USave Pharmacy that they pride themselves on
customer service and not having their customers waiting, which is why they felt
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Monday,
January 9, 2006
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two
drive-up windows would be adequate for their Wayne customer base. Mr. Morlok noted that USave is a Grand
Island based company and they are growing.
USave is currently building a facility in Norfolk and two in the Omaha
area, as well as some in the Grand Island and Kearney areas.
Chair
Braun asked for any further comments from the public. There being no further discussion, Chair Braun closed the public
hearing and opened discussion among the Commission members.
Commissioner
Miller questioned what the area was zoned.
Inspector Ellyson stated the area was zoned B-3 Neighborhood Commercial.
Chair
Braun reiterated that anytime someone wants to put in a kiosk, the issue must
come before the Commission for their recommendation.
Chair
Braun opined that she does get her medicine at USave (former Medicap Pharmacy)
and loves the drive-up convenience.
Chair Braun opined that should the Commission decide recommending
approval, she would be in favor of a fence as a condition for approval.
Commissioner
Herman questioned which side of the lot would the fence be placed, the north or
west or both.
Commissioner
Nelsen opined that there is a daycare located in this area and he would not
want to see any of the kids falling from the retaining wall area and would be
in favor of a fence on the west side as well.
Further
discussion was held among the Commission members as to where a fence should be
placed on the west side of the property line, mainly as to how far south the
fence should run.
Commissioner
Brenner questioned Mr. Morlok as to whether or not the third lane would ever be
considered for a future kiosk. Mr.
Morlok stated that there was no talk at this time.
Inspector
Ellyson noted for the Commission to consider a consistent height fence to the
north based on the distance from the drive that the landscape retaining wall
will be a part of the north boundary of the parking lot and then something
wrapped around the west property line a receding fence.
Commissioner
Herman questioned how something like that could be stated in the condition for
approval.
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Inspector
Ellyson stated for the Commission that within the code, anything above 30
inches off the ground is required to have a handrail.
Mr.
Morlok opined that he was glad Inspector Ellyson noted the 30 inches and the
handrail requirement. Mr. Morlok stated
that he was only concerned about the sidelines and the outer drive that might
shift some due to the topography of the lot with the existing alley.
Inspector
Ellyson questioned the Commission if they would be comfortable with him and Mr.
Morlok determining the fence during the construction of the project.
Motion
made by Commissioner Melena and seconded by Commissioner Brenner to forward a
recommendation of approval to the City Council for the Use by Exception request
for Section 90-425 (7a) Special Conditions and Conditions for Granting
Exceptions (kiosk), address 216 East 7th Street, applicant being
Otte Construction on behalf of USave Pharmacy, with one condition being that an
appropriate barrier fence be placed on the north and west residential areas of
the property, with the barrier fence to be determined by the property owner and
the building official. Chair Braun
stated the motion and second. Roll call
vote was taken with the following:
Commissioner Nelsen - aye; Commissioner Herman - aye; Commissioner
Miller - aye; Commissioner Ahmann - aye; Commissioner Hill - aye; Commissioner
Melena - aye; Commissioner Brenner - aye; and Chair Braun - aye. Chair Braun
declared the motion carried unanimously.
Chair
Braun then reopened discussion on the Tax Increment Financing Agreement for Tim
Bebee.
Commissioner
Herman questioned that in LB875 it states that the plans shall be submitted to
the Planning Commission or the board of the city which the redevelopment
project area is located for review and recommendations as to its conformity
with the general plan for the development of the city as a whole.
Mr.
Bacon noted State Statue Section 18-2112 is what Commissioner Herman read from. Mr. Bacon noted that State Statue Section
18-2110 says the following, an authority shall not recommend that a
redevelopment plan to the governing body of the city in which a redevelopment
project area is located until a general plan for the development of the city
has been prepared. Mr. Bacon noted that
this particular section references back to 1951 and it also makes reference to
two other sections that Mr. Bacon stated he was comfortable with, one being the
old urban renewal statute and the second being the general plan, which today is
referred to as the comprehensive plan.
Practitioners in the TIF area consider, that you cannot do TIF unless
there is a comprehensive plan in
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January 9, 2006
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place. Mr. Bacon stated that was his opinion, that
no comprehensive plan, no TIF. The
Commission's job was to follow the guidelines of the comprehensive plan and
most of the zoning practitioners, view this the same way.
Commissioner
Herman opined that what he sees in this, is that the general plan for the
development of the city as a whole, he sees this as, when this information is
brought before the Commission, as far as the number of jobs it will create and
the financial aspect that is put before the Planning Commission members, is the
Commission expected to ignore this and say yes this property is zoned
correctly. Commissioner Herman opined
that if the Commission was only asked to verify that the area was zoned correctly,
this matter would be closed. However,
what was put before the Commission and himself is this project well thought out
and planned and is it good for the development of the city as a whole and not
just is this land zoned properly. And
with all this information before him, it is confusing, why is the information
given to them, if the Commission is not expected to rule on it or think about
it.
Mr.
Bacon opined that was a real good statement.
And one cannot separate that from the thought process. Mr. Bacon stated this is the hard part of this
process. Mr. Bacon said that the
Commission receives all the information that the Council will review and the
Commission is only suppose to look at one little portion of it. Mr. Bacon stated Section 18-2113 has a whole
list of items that the Redevelopment Authority needs to consider that takes
into account all the issues Commissioner Herman discussed. Mr. Bacon stated that the TIF laws were
built by a series of legislatures over the last 54 years and therefore it is
just a hodgepodge of information to sort through. Mr. Bacon told the Commission
that they can make any kind of recommendation they wish to the Council.
Commissioner
Herman noted for the Commission that he had visited with Marty Shukert of RDG
regarding this matter and that some guidelines regarding the use of TIF in
Wayne, which currently there are none, need to be established. Mr. Shukert
opined to Commissioner Herman that this would be a good idea to have outlined
in the comprehensive plan. Commissioner
Herman noted that Mr. Shukert told him that this had been done in Omaha nearly
twenty years ago.
Commissioner
Herman opined that one recommendation he would have is that while the
Commission is working on the comprehensive plan and this project is not
organized and ready to break ground, that the Commission take a look at this
while the comprehensive plan is being developed. Commissioner Herman stated that in his assessment, it is fairly
evident, with no offence to the developer or manager, but Commissioner Herman
believes that neither understands TIF financing and they are only taking
advantage of the program.
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January 9, 2006
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Mr.
Bacon noted that Commissioner Herman's points are well taken. Mr. Bacon noted that whether or not an
individual understands TIF or how much, his interview with the developer at the
out-set was, this won't work without TIF and Mr. Bacon stated he was told this
project is not put together.
Commissioner
Herman opined that if you do not know if it won't work without TIF, you should
know how much TIF you are getting so you know how much it works and if you say
this won't work without TIF, was the first statement, if you don't know it
won't without TIF, then you should know within a $1,000 of what you are getting
if this will be a viable investment of the community.
Mr.
Bacon stated that the amount of the grant under the proposed redevelopment
contract may or may not be in actuality be the dollars that are generated by
the project in the hands of the developer for two reason. One, the assessed value may be over
estimated and so that tax levy may never get there, resulting in a significant
shortfall. And, two, tax levies have dropped for several reasons, which knocks
down the cash flow.
Ken
Jorgensen, manager for the project, was present to address the Commission with
any questions they may have. Mr.
Jorgensen stated that he was unsure who said it, him or Mr. Bebee, that they
meant, whatever amount they can get.
Commissioner
Herman stated that his point of the question was to establish that in all
fairness to the City Council and the Planning Commission that the developer
does not know whether or not this project will fly without the TIF financing.
Commissioner
Herman stated that he would make a recommendation to the Planning Commission
that they take a look at or evaluate or discuss the expectations of TIF
financing and where they expect to use it before they rule on this project and
pass it to the City Council.
Chair
Braun asked if this was still in the discussion stage or was that a motion by
Commissioner Herman.
Commissioner
Herman made a motion to table this agenda item until the next meeting where
other Planning Commission members can have a chance to re-evaluate and take a
look at the project and how it fits into the comprehensive plan and what the
goals of the comprehensive plan are.
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January 9, 2006
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Inspector
Ellyson stated that it is his understanding from Mr. Bacon that irregardless of
a recommendation from the Planning Commission, this item can go forward to
Council.
Mr.
Bacon stated that if there is no recommendation from the Commission, one way or
another, 30 days after it is submitted to them for review, Council can still
move forward on this issue.
Inspector
Ellyson questioned if someone chose to table the item, it does not necessarily
leave the item in the Commission's hands for consideration, the City Council
can still move forward on the agenda item.
Chair
Braun stated that a motion had been made by Commissioner Herman to not send a
recommendation to the City Council one way or the other and allow the Council
to make the decision because without additional time for the Commission to
discuss this issue, the Commission is not ready to make an approval
motion. Commissioner Herman further
stated that he does not feel the land issues are resolved yet either. Chair Braun stated that a motion had been
made. There being no second, the motion
died.
Commissioner
Miller questioned Mr. Jorgensen what his time table is on this project and are
there issues with the land.
Mr.
Jorgensen stated that there is one issue which will be coming before the
Commission on February 6, regarding squaring up the back of the building.
Commissioner
Herman questioned the land issues and if they were resolved.
Mr.
Jorgensen stated that the land which will be located behind the structure, he
is leasing from the city and there is a sewer line that runs in this area. Mr. Jorgensen stated that he would like to
purchase that area, thus resulting in lowering the cost of the structure, just
by squaring up the building, which would put an additional 750 feet of building
on that ground, which he leases for $750 a year. Mr. Jorgensen stated that he has spoken with the County Assessor
regarding what the taxes would be if it were only concrete and building. The taxes would be $1200 to $1300 per year,
additionally there would be about 750 more square feet onto the building,
saving him an additional $5 per square feet in building costs. Mr. Jorgensen explained that a lifetime
easement would be taken out and Mr. Jorgensen would only be able to utilize the
first 30 feet of the easement and there would be a lifetime easement for the
back 70 feet, which he would be able to put concrete on up to the walkway,
which if the city would need
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January 9, 2006
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to
dig up for the utilities, would be at the expense of Mr. Jorgensen. Mr. Jorgensen stated this is the only land
issue with the project.
Chair
Braun questioned Mr. Jorgensen when he talks about $5 a square foot, wanted to
know how big the facility is. Mr.
Jorgensen stated the structure will be about 7500 square feet.
Inspector
Ellyson noted that the Commission has deviated from the agenda topic at hand,
the topic is not the semantics of the building but rather the TIF agreement.
Commissioner
Brenner opined that maybe he is looking at things to simply, but he looks at
more what is before the Commission as far as zoning. Commissioner Brenner opined that he feels the building and the
location fit the use of the land.
Commissioner Brenner noted that the points made by Commissioner Herman
are wonderful points and need to be looked at in the future, but that the Commission
should not hold up the project so that the Commission can get their things in
order before coming to them when some TIF projects have already been done in
town. Commissioner Brenner opined that
a recommendation should be made because the Commission approves of the land use
and it is zoned what they feel is proper for the use and that the Commission
visit the points made by Commissioner Herman at a later date. Commissioner Brenner opined that it is a
great idea to put some restrictions or guidelines on how the TIF money is to be
used in the future, but that it is not fair to hold one individual up until the
Commission sets some guidelines.
Motion
made by Commissioner Ahmann and seconded by Commissioner Melena to forward a
recommendation of approval to the City Council for the Tax Increment Financing
Agreement for Resolution No. 2006-01.
Chair Braun stated the motion and second. Roll call vote was taken with
the following: Commissioner Nelsen -
aye; Commissioner Herman - nay; Commissioner Miller - aye; Commissioner Ahmann
- aye; Commissioner Hill - aye; Commissioner Melena - aye; Commissioner Brenner
- aye; and Chair Braun - aye. Chair Braun declared the motion carried by a vote
of seven ayes and one nay.
Chair
Braun re-opened discussion on the rezoning of the industrial designation on the
west side of Highway 15 and south of Clark Street.
Inspector
Ellyson stated that he would send something to the Commission regarding the
areas discussed earlier to allow them a chance to review the information. Inspector Ellyson noted for the Commission
to keep in mind that zoning lines tend to follow natural barriers, center lines
of right-of-ways, property
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Monday,
January 9, 2006
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lines,
something that is defendable in a court of law rather than ambiguous lines in
the middle of corn rows. Inspector
Ellyson said that he would set something on the agenda for the next meeting in
February.
There
being no further business, Motion made by Commissioner Nelsen and seconded by
Commissioner Melena to adjourn the meeting. Chair Braun stated the motion and
second. All were in favor; motion
carried unanimously; meeting was adjourned.
