Planning Commission Meeting Minutes
Monday, December 3, 2007
Chair
Sharon Braun called the meeting of the Wayne Planning Commission to order at
7:00 p.m., Monday, December 3, 2007, in the Council Chambers of the Municipal
Building. Roll call was taken with the
following members present: Mark Ahmann, Chair Sharon Braun, Stephanie
Hansen, Jill Sweetland, Kelby Herman, Mark Sorensen, and Chief
Inspector/Planner George Ellyson. Absent: Bill Kranz, Derek Hill, and Pat Melena.
Chair
Braun stated for the Commission that at their previous meeting, there was no
motion or second to officially adjourn the meeting. Chair Braun stated she would entertain a motion to officially
close the November meeting. Motion was
made by Commissioner Sweetland and seconded by Commissioner Hansen to adjourn
the November meeting. Chair Braun
stated the motion and second. All were
in favor; motion carried unanimously.
Motion
made by Commissioner Hansen and seconded by Commissioner Sorensen to approve
the minutes of November 5, 2007. Chair
Braun stated the motion and second. All were in favor; minutes were approved as
presented.
Commissioner
Bill Kranz arrived at the meeting at 7:02 p.m.
Chair
Braun stated that prior to the first public hearing Inspector Ellyson had some
items of interest to share with the Commission.
Inspector
Ellyson noted for the Commission that he has registration forms for the 2008
NPZA conference. If possible,
Commission members were asked if they had any interest in attending, to notify
the city offices so that room reservations could be made in advance.
Chair
Braun opined for the Commission that she has been able to attend the last
couple of years for a one day session and it has been very interesting.
Inspector
Ellyson noted, as a point of clarity for the Commission, the State of Nebraska,
i.e., Wayne State College, the County of Wayne Ag Society and their land
holdings, whether it be the fairgrounds or the maintenance yard, and the City
of Wayne with their municipal holdings, all three are in fact exempt from local
zoning jurisdictions. Therefore the issue before the Commission, with regards
to the rezoning of fairgrounds, is kind of a two-fold in that first of all it
is a courtesy on be-half of the county to help the city get their zoning map more
in-line with its current use. The
second part of the rezoning request is that all though the county is exempt
from local zoning jurisdiction, if the county were the ones proposing to build
the tower, this meeting would not be happening. The county could build the
tower irrelevant of city regulations in regards to zoning.
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Monday,
December 3, 2007
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Two
Therefore,
Inspector Ellyson wanted all of the Commission to know that although the county
and the rezoning request is irrelevant of their decision, a rezoning must occur
in order for US Cellular to build the tower, simply because they are not a
public entity or a judicial government.
Inspector Ellyson questioned the Commission if they had questions with
regards to their duties or responsibility on the Planning Commission in regards
to the first public hearing or the second hearing.
Chair
Braun reiterated for the Commission that if they fail to recommend a zoning
change for the Ag Society from R-2 to A-2, it is really a mute point to have a
public hearing because one must come before the other unless the county were
the builder of the tower, this issue would not be before the Commission.
Commissioner
Sorensen questioned if the Commission votes not to change the area to A-2, then
US Cellular would not be able to build the tower.
Chair
Braun noted that would be the Commission's recommendation and Council could
choose to do differently.
Inspector
Ellyson stated that the process would stop at the Commission, simply because
the zoning would disallow that particular use. Therefore, the request cannot go
forward to Council, unless the Commission rezones the area and number two, the
Commission makes the recommendation on the use, whether they recommend it or
deny it. The zoning needs to occur
before the second hearing as long as US Cellular is the requesting party.
Should that change and the county request it, then the zoning regulations would
not be enforceable.
Commissioner
Derek Hill arrived at the meeting at 7:11 p.m.
Chair
Braun stated the next item on the agenda was the first public hearing for a
rezoning request from R-2 Residential to A-2 Agricultural Residential, that
area known as the Wayne County Fairgrounds, applicant being Wayne County Ag
Society.
Chair
Braun reminded the Commission that once the hearing has been opened, comments
will be taken from the public and once the hearing is closed, the Commission
can no longer have discussion with the public, it can only be discussion
amongst the Commission.
Sam
Mandalfo, of Omaha Nebraska, was present at the meeting representing US
Cellular and the Wayne County Ag Society.
They are asking for a rezoning request from R-2 to A-2 for their
property at the west end of the city.
Mr.
Planning
Commission Meeting Minutes
Monday,
December 3, 2007
Page
Three
Mandalfo
stated that he had also brought along an engineer for the second public
hearing.
Louis
Lutt, Wayne, Nebraska, President of the Wayne County Ag Society, was present at
the meeting to answer any questions the Commission had on the rezoning
request. The Ag Society would like the
rezoning request from residential to an agricultural zoning because this is
what they believe the fair is, an agricultural event and that is what it would
remain at and this is the intended use, for a fair only.
Inspector
Ellyson questioned Mr. Lutt when the Ag Society bought the land or when did
they receive the land where the fair is currently located.
Mr.
Lutt stated it was a good twenty years ago and they bought it from the State
National Bank.
Mr.
Ellyson noted that he asked that question for point of clarity. This area has probably been zoned R-2 since
1979 when zoning was adopted by the city.
When the Ag Society went out and purchased the land for whatever reason,
the zoning map should have been updated at that time and was not. This is the
request then now which brings the zoning map in line with the property's
current use.
Mr.
Lutt opined it was probably an oversight on the fair's part that it was never
looked into.
Inspector
Ellyson opined that it was more of an oversight by the zoning administrator for
the City of Wayne at that time.
Inspector Ellyson further noted that this was an area he was going to
address in the upcoming zoning update.
Commissioner
Herman questioned if this changed any of the things that went on at the fair,
such as vendors selling things.
Inspector
Ellyson noted that the Commission should keep in mind the exception status of
Wayne County; they can do what they want.
There
being no further comments from the public, Chair Braun closed the public
hearing and opened the discussion up amongst the Commission members.
Motion
was made by Commissioner Herman and seconded by Commissioner Ahmann to forward
a recommendation of approval for the rezoning request from R-2 Residential to
A-2 Agricultural Residential to the City Council. Chair Braun
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Monday,
December 3, 2007
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Four
stated
the motion and second. Roll call vote
was taken with the following:
Commissioner Sorensen - aye; Commissioner Herman - aye; Commissioner
Sweetland - aye; Commissioner Hansen - aye; Commissioner Hill - aye;
Commissioner Kranz - 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 second public hearing, a use by
exception request, specifically Section 90-144(6) exceptions, radio and
television towers and transmitters, applicant being US Cellular.
Brandi
Vandenberg, Omaha, Nebraska was present to discuss the second public
hearing. Ms. Vandenberg gave a little
background information for the Commission.
US Cellular purchased the Cellular One network about a year and a half
ago and they required a site. Where
they are currently located outside of town, the tower is not designed structurally
to hold their current antennas and lines, which would better serve the
community of Wayne; therefore, they are in need of removing their equipment
from that tower. On the proposed tower
at the fairgrounds, it is a 250 foot self-supporting structure and is designed
for three additional cellular carriers, several microwave tops and the coverage
in the community of Wayne is highly improved.
Inspector
Ellyson questioned Ms. Vandenberg that she had mentioned there was room on the
tower for other companies to rent space and would this be a lease type of
arrangement with US Cellular. Ms.
Vandenberg stated that was correct.
Inspector
Ellyson further questioned Ms. Vandenberg what are some examples of this and
what are some examples of the structures on the tower.
Ms.
Vandenberg stated that could be anything similar to what US Cellular does like
another Verizon, Alltel, Viaero, local 911. The towers are designed very strong
to support a lot of different companies.
Inspector
Ellyson questioned if there could be a dish.
Ms. Vandenberg stated the tower being proposed could support up to ten
dishes. Inspector Ellyson questioned
how big the dishes would be. Ms.
Vandenberg said they could be eight feet wide, but they have used a lot of
microwaves on their towers.
Commissioner
Sorensen questioned where the tower would be located at the fairgrounds.
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Monday,
December 3, 2007
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Five
Inspector
Ellyson stated it would be just a little bit west and up against the north
fence of NeNPPD, but a little bit west of the cow/calf barn up on top of the
hill by the arena; straight south of the old Fritz Ellis apartments.
Commissioner
Sorensen questioned to confirm that there would not be any guy wires. Ms. Vandenberg stated it is a free standing,
three legged tower, with a lighter base, tapered, so there are no guy wires.
Commissioner
Sweetland questioned if there would be fence around the tower.
Ms.
Vandenberg stated there would be a compound (fence) measuring 75x125 around the
base of the tower because they would be using an equipment shelter which
measures 12x20 concrete building, which is all inside the fenced area. Any equipment would be placed inside the
building.
Chair
Braun questioned what type of fencing material would be used.
Ms.
Vandenberg stated they would use an eight foot high chain-link fence with three
rows of barbwire around the type.
Inspector
Ellyson questioned if they needed the barbwire.
Ms.
Vandenberg stated it was standard.
Inspector
Ellyson stated he would need to check if barbwire was permitted.
Commissioner
Sorensen questioned if the NeNPPD building had barbwire on top of their fence.
Commissioner
Sweetland questioned if the Ag Society will receive a commission for the tower.
Ms.
Vandenberg stated US Cellular has a signed lease with the Ag Society, it is a
five year term, and every five years the lease will be renewed for up to thirty
years.
Chair
Braun questioned what would happen if the lease was not renewed.
Ms.
Vandenberg noted that in the event the lease was not renewed, it would be the
responsibility of US Cellular to dismantle the tower or sell it to someone who
would use the tower.
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Monday,
December 3, 2007
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Commissioner
Kranz questioned if there were any issues related to the height of the tower.
Inspector
Ellyson stated that the FAA has given their approval for the tower at this
present location.
Commissioner
Hill questioned for clarity that the barbwire at the top would be for security.
Ms.
Vandenberg stated that was correct.
Commissioner
Hill opined that he felt there should be something on the top to keep the
temptation from the kids and if barbwire is not an acceptable means, then they,
the Commission, should find something that is.
Inspector
Ellyson noted for the Commission the height of the fence is a problem within
the zoning language, but based on the use and the county, the eight foot will
be acceptable and in his opinion, he believes NeNPPD has barbwire around the
top of their fence as well.
Commissioner
Kranz questioned if this topic came up for the tower that went in downtown, in
terms of what was there to keep people from climbing the tower.
Ms.
Vandenberg noted for the Commission that the people they have to work on the
towers have their own safety harness to climb them; so the towers do not have any
material on them that would be easy for someone else to climb.
Inspector
Ellyson believed that the Viaero tower had a fence around it and that the city
tower has a pad-a-lock system making reaching the ladder difficult.
Ms.
Vandenberg noted for the Commission one option is that US Cellular could
provide a ten foot anti-climb system and it is a precautionary measure they
would be willing to provide.
Commissioner
Sweetland questioned if it was appropriate to ask the Ag Society about this
subject.
Louis
Lutt stated for the Commission that the Ag Society, as a whole, approved the
tower and they were looking forward to working with US Cellular and the Ag
Society thinks it will be a very workable situation. It is up against the north fence line, not taking up much room
and they feel the Ag Society can accommodate US Cellular very well.
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Monday,
December 3, 2007
Page
Seven
There
being no further comments from the public, Chair Braun closed the public hearing
and opened the discussion amongst the Commission.
Inspector
Ellyson noted for the Commission that any recommendation the Commission makes
will go before the City Council as well and this is the time to place any type
conditions on the use by exception they see fit.
Commissioner
Hill questioned Inspector Ellyson if there was any particular reason why he was
questioning the number of dishes to be placed on the tower.
Inspector
Ellyson noted that he asked the question simply because what is there now may
not be offensive but it could be in the future. There does not seem to be any public present at the meeting,
either for or against the tower. Inspector
Ellyson noted that he had received two phone calls with regards to the request,
both of which were favorable.
Commissioner
Kranz questioned how they, the Commission, could specify some security measures
when they did not do that for the tower downtown. Is there a way of putting language in the motion that would
require US Cellular to do something similar to that of the tower downtown.
Commissioner
Sorensen opined these are two different situations. The tower downtown has more traffic around the tower, where it
would not be as tempting. Whereas the
tower for US Cellular is more isolated, he could see kids trying more things
than the other tower.
Motion
was made by Commissioner Sorensen and seconded by Commissioner Sweetland to
forward a recommendation of approval for the use by exception request to the
City Council with the following conditions: 1) a fence to be built around the
tower, similar to that of Northeast Nebraska Public Power and to place a ten
foot anti-climb system on the tower. Chair Braun stated the motion and second.
Roll call vote was taken with the following:
Commissioner Ahmann - aye; Commissioner Kranz - aye; Commissioner Hill -
aye; Commissioner Hansen - aye; Commissioner Sweetland - aye; Commissioner
Herman - aye; Commissioner Sorensen - aye; and Chair Braun - aye. Chair Braun declared the motion carried
unanimously.
Chair
Braun stated the next item on the agenda was the public hearing for the use by
exception request, specifically Section 90-205(7) exceptions in the R-1 Residential
District, for a dental clinic, applicant being Wayne Area Economic Development
Inc. (WAEDI).
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Monday,
December 3, 2007
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Wes
Blecke, from WAEDI, was present at the meeting representing the use by exception
request. Mr. Blecke noted for the
Commission that he was there on behalf of WAEDI, as they were the applicant for
the request. Mr. Blecke opined that the
dental clinic would be a good buffer between the gas service station and the
residential district. This would also
be a good opportunity for a dental clinic to expand from where they are
currently at.
Chair
Braun questioned where the main entrance would be located and do they have a
proposed site plan.
Mr.
Blecke stated that he did not have a plan, but the owner(s) would have to
comply with all the regulations as set forth.
Dr.
Rob Burrows, Wayne, Nebraska, was present to address the Commission on the use
by exception request. Dr. Burrows noted
for the Commission that there are two different floor plans for the structure,
which he and Dr. Koehler the orthodontist who comes to Wayne and Dr. Burrows
had been looking at. Dr. Burrows noted
that he has been visiting with Inspector Ellyson and looked at the site to see
what area on the lots would be available for building, minus the setbacks and
the State's right-of-way on the north side.
They are currently in the planning stage and much of it depends on
whether they can even build, if the Council or Commission even allows them to
move forward.
Commissioner
Kranz questioned where the access would be located, all from the west or north.
Dr.
Burrows opined that they would like to have some parking for employees and
themselves along the alley way.
Inspector
Ellyson displayed an overhead showing the site location for the proposed dental
clinic.
Dr.
Burrows noted for the Commission that he and Dr. Koehler had looked at another
design layout which is a smaller building that would front to the west. If this would happen the parking lot would
be accessing off of Pearl Street, however they would want the employees to park
behind the building.
Commissioner
Sweetland questioned where the parking lot would be located.
Dr.
Burrows stated it would be located to the west of the building. Dr. Burrows was concerned with the traffic
going to the highway with an intersection being located close.
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Monday,
December 3, 2007
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Commissioner
Hansen noted that she needs to abstain from voting on this agenda item due to
the fact she is a property owner within 300 feet; however, she had a question
regarding the traffic flow because there are a lot of issues with going into
the center lane either turning left onto Pearl Street or going the opposite
direction; there is a lot of cross-over traffic. Commissioner Hansen opined staying away from the whole 7th
Street would be better and keeping the traffic on Pearl Street would be best.
Commissioner
Sweetland questioned how far south the entrance on Pearl Street would be.
Dr.
Burrows noted that it would go as far south as possible.
Inspector
Ellyson had the site triangle drawn on the overhead showing the distance. It is 90 feet east of the intersection
centerline and 70 feet south of the centerline. This is a no build zone and it does not encroach at all onto the
property lines. There is plenty of
visibility at this intersection to see traffic coming from both ways.
Commissioner
Sorensen was questioning where the entrance would come in at.
Dr.
Burrows stated the entrance and exit, preferably, would both be at the southern
edge of the property.
Commissioner
Sweetland questioned if any thought has been given to barriers from the
neighbors, as far as fencing or landscaping, or is this something they are
interested in.
Dr.
Burrows mentioned a retaining wall along the one property line.
Inspector
Ellyson noted that should this area have been rezoned, a fence would have been
required along the one property line area and it could be a condition placed on
the use by exception, if approved by the Commission; a fence similar to that of
Runza or Subway.
Commissioner
Hansen noted that at the last Planning Commission meeting, there were some
comments by the public that centered around the comments as noted by
Commissioner Sweetland, such as lighting at a certain level, are they going to
be shining in the neighbors windows, will there be a barrier between the
property lines. Commissioner Hansen
opined that she wanted Dr. Burrows to be aware of the comments made by the
public at the last meeting.
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Monday,
December 3, 2007
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Ten
Commissioner
Sweetland also noted that the public was unaware a dental clinic would be going
in the proposed rezoning area.
Dr.
Burrows opined that he wanted to be a good neighbor and does not want to have a
big bright sign or lights. He wants it to
be as residential looking as possible.
He does not have any problem with placing a fence on the property; he
doubts he would need to have a lighted parking lot, unless it was a requirement.
Inspector
Ellyson noted that when Ameritas came before the Commission with their request
for a parking lot, not so much if there would be parking after hours or not,
but a concern was the congregation of teenagers at nighttime. Some of the justification and reasoning
behind a lit parking lot was that a dark spot was not created for the
congregation of students or young people.
Therefore, one of the conditions the Planning Commission placed on the
Ameritas lot was the requirement of real low density lights that were obviously
light sensitive, coming on at dusk and going off at dawn. The Planning Commission wanted this lot to
have some type of lighting in it, simply because they did not want a dark spot
for cars to gather at.
Commissioner
Sorensen questioned what type of lighting was at this corner.
Inspector
Ellyson was not for sure; he thought maybe a street light.
Commissioner
Ahmann questioned why they looked at this particular property, because they
were going to have to demolish structures to do that and there are some
buildings available in downtown that are available; why did they choose this
particular area.
Dr.
Burrows stated for the Commission they would like to stay in this quadrant of
Wayne that has the schools. It probably is not a big deal for him but it is a
nice small town and kids can walk to their dental appointments. For the orthodontist coming in with him, it
is a big deal, as that is his main clientele.
They have the ability to walk from the middle school, especially, to the
dental appointment and back, without the parents having to come get them. That
is one reason why they want to stay in this quadrant; they do not want the kids
to cross the highway. Dr. Burrows did
note for the Commission, they had looked at the former State National Bank
building, which is really rather large. The downtown area is good, but one of
the main issues that Dr. Burrows has and his patients have mentioned, is
parking. They have a few spaces in
front of his office and often times, they are taken all day long.
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Monday,
December 3, 2007
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The
current facility is adequate; however it is fairly dated and there are some
things that it could be laid out better and more accessible to the
patients. Dr. Burrows also noted that
the current facility could be remodeled, but where does he work while the
facility is being remodeled. There are
also apartments above the structure and they have some issues with that,
including toilets overflowing. This
property in question was suggested by First Realty to Dr. Koehler and then to
Dr. Burrows.
Commissioner
Sorensen questioned Dr. Burrows if he was opposed to having an exit onto the
highway. At the last meeting, there
were some residents that were concerned about the accessibility onto Pearl
Street.
Dr.
Burrows stated that he was not opposed to that; however, he did not know if
there was such a way to make it a one-way so no one could make a left turn.
Commissioner
Hill opined that no matter where the exit is located, if one car stops
anywhere, there will be a traffic jam.
Commissioner
Sweetland opined that she thought it might be alleviated if the entrance was
further south on Pearl.
Commissioner
Hill questioned how far south on Pearl Street the entrance would be located. Inspector Ellyson stated there are 72.3 feet
from the site triangle line to the southwest corner property pin.
Chair
Braun noted for the Commission that there are really limited times of the day
when the traffic is congested.
Commissioner
Hill questioned the hours of the dental clinic. Dr. Burrows stated 8:00AM to 5:00PM, general speaking and 8:00AM
to 1:00PM on Friday, and on Wednesday's from 7:30AM to 4:00PM.
Commissioner
Hill questioned what the average number of patients is per day. Dr. Burrows stated that a full day, with the
hygienist, is about 25 per day. Dr.
Koehler's hours are 9:00PAM
to 4:00PM on Wednesday's only.
Some
discussion was held regarding the parking layout. Dr. Burrows had noted that he
would like to set the building as far south as possible and try to get the
employee parking on the east side, with access off the alley and then the
remainder as customer parking.
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Monday,
December 3, 2007
Page
Twelve
Commissioner
Sorensen questioned if the Commission could make a recommendation with some
conditions, such as a fence and with an exit onto Pearl and another onto
Seventh Street; at least Dr. Burrows could move forward with his design.
Commissioner
Sweetland questioned how large would the structure be. Dr. Burrows said the last design they had
looked at was roughly 4500 square feet.
The
Commission further discussed the traffic flow patterns with this particular
area.
Commission
Sweetland opined that she does not foresee this producing tons of traffic at
once and the prospect of a business growing and growing with technology
compares to what is presently there, outweigh the traffic; traffic means
prospering.
Chair
Braun asked if there were any other comments from the public regarding the
public hearing.
Mr.
Blecke asked the Commission if they do put conditions on the use by exception,
would they continue the hearing and hold a special meeting before the next
council meeting.
Inspector
Ellyson noted that in the past the Commission could table the hearing and
reconvene it without advertising, as long as the motion stated when the hearing
would be reconvened, a date and time.
Commissioner
Herman questioned where in the zoning it states the Commission can place
conditions on the use by exception.
Inspector
Ellyson stated there is a section of the code that stated conditions can be
placed on the use by exception.
Chair
Braun asked for any further comments from the public, there being none, Chair
Braun closed the public hearing and opened the discussion amongst the
Commission members.
Further
discussion was held amongst the Commission regarding the conditions that could
be placed on the use by exception.
Motion
was made by Commissioner Herman and seconded by Commissioner Sweetland to
forward a recommendation of approval for the use by exception
Planning
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Monday,
December 3, 2007
Page
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request
to the City Council, with the following condition, that the use is subject to
compliance with Section 90-425 special conditions for granting exceptions under
the B-3 zoning district. Chair Braun
stated the motion and second. Roll call
vote was taken with the following:
Commissioner Sorensen - aye; Commissioner Herman - aye; Commissioner
Sweetland - aye; Commissioner Hansen - abstain; Commissioner Hill - aye;
Commissioner Kranz - aye; Commissioner Ahmann - aye; and Chair Braun - aye.
Chair Braun declared the motion carried unanimously.
Chair
Braun stated the next item on the agenda was the public hearing regarding the
amending of Chapter 90 Zoning, specifically Section 90-710(c) Parking or
Driveway Surfaces.
There
being no comments from the public, Chair Braun closed the public hearing and
opened the discussion up amongst the Commission.
Chair
Braun noted for the Commission that originally she and Commissioner Kranz were
going to get together and discuss this issue; however, after visiting with
Inspector Ellyson decided against the meeting.
Inspector
Ellyson noted the following for the Commission that in August or September the
City Council asked for the Planning Commission's review of an ordinance that
would take effect in October of 2007 and would become enforceable. The Council wanted the Commission to review
the ordinance and place some clarity in the language and a couple additional
surfaces to be allowed interior of the lot.
At that council meeting, Inspector Ellyson told them (Council) that the
Commission needed some time to look at the ordinance, but would have something
in place and ready for them at their January meeting. That was the agreement Council made with the Inspector's office.
The
Commission has reviewed several changes. The changes were always identified in
red ink, other than the last change that went from six inches to five and a
half inches. The remaining changes
discussed had been previously discussed.
The implementation of a committee had been discussed and based on
Council's desire of the Commission to go forward, there is not enough time to
form a committee and discuss the ordinance. Secondly, anything the committee
would develop different from the language the Commission has had a chance to
edit and modify, is not what Council intended for them to do anyway. Council wanted the Commission to modify that
existing ordinance and that is what they, the Commission, was charged with
doing. After discussing this with the Chair, there is not enough time for a
committee to be formed and any further discussion by the Commission. Based on the comments from the Commission,
those
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Monday,
December 3, 2007
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changes
are in fact in place and it is Inspector Ellyson's opinion then that the
responsibility to Council has been met by drafting the language and therefore
the public hearing was set.
Chair
Braun opined that after reviewing the excerpt of the City Council meeting
minutes, the Commission did not originally make a recommendation to the Council
and therefore the Council took the parking matter into their own hands and
passed the ordinance. Now, the
Commission is asked to review something they did not recommend to begin with
for further review.
Commissioner
Hansen opined that the meeting minute excerpts helped her understand Council's
reasoning. Commissioner Hansen opined
this is something Council has created themselves and based on what was
recommend by the Commission then that is something the Commission cannot go
back on and fix, they can only go forward.
Chair
Braun opined it was difficult to clarify language that was not the Planning
Commission's recommendation to begin with.
Inspector
Ellyson stated that from his opinion as the zoning administrator and
enforcement agency, wanted the opportunity for the Commission to write
something that he felt was enforceable.
Inspector Ellyson opined that he feels this language is enforceable and
meets the intent of what Council wanted.
Motion
was made by Commissioner Sorensen and seconded by Chair Braun to forward a
recommendation of approval for the language as drafted to the City
Council. Chair Braun stated the motion
and second. Roll call vote was taken with the following: Commissioner Ahmann - aye; Commissioner
Kranz - nay; Commissioner Hill - aye; Commissioner Hansen - nay; Commissioner
Sweetland - aye; Commissioner Herman - nay; Commissioner Sorensen - aye; and
Chair Braun - aye. Chair Braun declared
the motion carried by a vote of five ayes and three nays.
There
being no further business, motion was made by Commissioner Hansen and seconded
by Commissioner Hill to adjourn the meeting. Chair Braun stated the motion and
second. All were in favor; motion carried unanimously; meeting was adjourned.
