HomeMy WebLinkAbout980875.tiff SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday,April 21, 1998
A regular meeting of the Weld County Planning Commission was held on April 21, 1998, in the County
Commissioners' Hearing Room (Room#101), Weld County Centennial Building, 915 10th Street, Greeley,
Colorado. The meeting was called to order by Chairman, Glenn Vaad, at 1:30 p.m.
ROLL CALL
Glenn Vaad Present
Fred Walker Present
Bruce Fitzgerald Present '
Cristie Nicklas Present
Jack Epple Present
Marie Koolstra Present
Stephan Mokray Present
Arlan Marrs Present
Also Present: Monica Daniels-Mika, Director, Todd Hodges, Current Planner II, Scott Ballstadt, Current
Planner, Gloria Dunn, Current Planner, Department of Planning Services; Lee Morrison, Assistant County
Attorney;Don Carroll,Weld County Public Works;Trevor Jiricek, Sheble McConnellogue, Weld County Health
Department; Wendi Inloes, Secretary.
CASE NUMBER: S-449-Continued from April 7, 1998
PLANNER:Todd A. Hodges
APPLICANT: JER, a Partnership
REQUEST: Major Subdivision preliminary plan for Hill-n-Park 5th Filing
LEGAL DESCRIPTION: Part of the SW4 of Section 26,T5N, R66W of the 6th P.M., Weld County, Colorado.
LOCATION: East and adjacent to 47th Avenue; north and adjacent to Mesa Verde Drive. For a more
precise location, see legal.
Todd Hodges,Department of Planning Services, asked that Case S-449,be continued indefinitely,to give the
applicant the opportunity to address and/or resolve referral agency issues. Once a date is established, the
Department of Planning will re-post a sign and re-advertise.
Arlan Marrs moved to continue Case S-449 indefinitely. Christie Nicklas seconded the motion.
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The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Glenn
Vaad,yes;Arlan Marrs,yes;Marie Koolstra,yes;Christie Nicklas,yes;Stephan Mokray, yes; Bruce Fitzgerald,
yes;Jack Epple,yes; Fred Walker,yes. Motion carried unanimously.
CASE: Ordinance 89-II
PLANNER: Monica Daniels-Mika
REQUEST:A policy stipulating the circumstances under which PUD Ordinance 197 shall apply.
Monica Daniels-Mika, Department of Planning Services, presented Ordinance 89-II, explaining that this is a
recommendation for an interpretation concerning the existing Planned Unit Development located in Section
28 of the Zoning Ordinance,and the new PUD Ordinance, approved on January 26, 1998. Because of specific
information regarding time parameters, the Planning Department wants to make sure that when applicant
applies for a PUD,they would know which PUD regulations to refer to. The existing PUD gives a three year
time.parameter, and the new PUD would be a two year time parameter. If an individual has received a PUD
prior to the January 26, 1998, adoption,that at that time,they would still be able to do the Final Plat under the
existing regulations, and after this date would be under the new Ordinance 197. The Board of County
Commissioners has asked that the Department of Planning Services examine the existing Change of Zones
in the Mixed Unit Development area which need further action.
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
April21, 1998
Page 2
Glenn Vaad asked Monica how many cases this would involve. Monica explained that their are four
applications presently in the MUD area, and possibly a handful County wide, and of those four, one has gone
through the PUD process. This change will only affect the PUD process. Glenn also asked that if an applicant
has failed to comply with the standards, will they automatically be transferred to Ordinance 197. Monica stated
this was correct. Glenn also asked about how many people this could possibly impact for those who are not
aware of the time period, and that this will not be creating a problem.
Lee Morrison,Assistant County Attorney, explained that this would not be a problem because of the fact that
the provision was in affect when an applicant has applied for a PUD zoning and this is not a new standard.
The Chairman asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Man Marrs moved that Ordinance 89-II , be forwarded to the Board of County Commissioners along with the
with the Planning Commissions recommendation of approval. Stephan Mokray seconded the motion.
The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Glenn
Vaad,yes;Arlan Marrs,yes;Marie Koolstra,yes;Christie Nickles,yes;Stephan Mokray, yes; Bruce Fitzgerald,
yes; Jack Epple,yes; Fred Walker,yes. Motion carried unanimously.
CASE NUMBER: S-448
PLANNER: Gloria Dunn
APPLICANT: Merle and Karla Grieser
REQUEST: Minor Subdivision Final Plat(5 Estate Lots) -Jubilee Acres
LEGAL DESCRIPTION: Lot B of RE-789, E2E2NW4 of Section 21, T4N, R65W of the 6th P.M., Weld
County, Colorado.
LOCATION: South of and adjacent to Weld County Road 44; approximately % mile west of Weld County
Road 43. For a more precise location, see legal.
Gloria Dunn,Department of Planning Services, presented Case S-448,giving an explanation for the use and
explaining that the Change of Zone from A(Agricultural)to E (Estate),was approved by the Board of County
Commissioners. Gloria then read the recommendation into the record, and stated that Condition of Approval
#2(O) has been added. The Department of Planning is recommending approval of the application.
Arlan Marrs asked why the last sentence of the right to farm covenant had been deleted. Gloria explained that
this is not a part of the right to farm covenant,therefore it was deleted.
The Chairman asked if there was anyone in the audience who wished to speak for or against this application.
Herman Peterson, surrounding property owner, spoke against the application, with concerns such as the
closeness of his home to the subdivision,with two lots against his property line, and the view. Mr. Peterson
also is concerned with the amount of horses and cows that will be allowed and asking to put a restriction on
grazing. Cats and dogs roaming could also be a problem. Mr. Peterson also had concerns with the taking of
agricultural farm land out of production, and the loss of money this could create.
Les Boulter,surrounding property owner,spoke against the application, opposing a housing development,the
raising of taxes, the use of the land, and the traffic on Weld County Road 44. Mr. Boulter stated that he is
opposed to changing agricultural land into a housing development.
Cohn Kelley,surrounding property owner,spoke against the application,with concerns of lose of privacy, and
taxes and insurance going up.
Fred Walker asked Mr. Kelley how long he has lived on his property. Mr. Kelley stated 22-1/2 years, and he
owns a 2-12 acres out of a 20 acre parcel which is agricultural farm land. Fred also stated that Mr. Kelley at
one time was also a new neighbor. Mr. Kelley does not feel he deprived his neighbors of their privacy.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
April 21, 1998
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Carl Jepsen II,surrounding property owner, spoke against the application. Mr.Jepsen has 160 acres, and is
opposed with concerns with population increase and crop decrease. He also asked about the building
envelopes and the plans for the homes,the spread of weeds, traffic on Weld County Road 44, and concerns
with children,three wheelers and horse riding on other properties. Mr. Jepsen also wanted to know about a
drainage plan.
Gloria Dunn stated that a drainage plan has been submitted and approved by Weld County Public Works.
Sheble McConnellouge,Weld County Health Department, stated that if 5 or more acres are disturbed, a storm
drainage is required. Lee Morrison added that this is during construction and not a permanent storm water
permit.
Louise Kelley,surrounding property owner, spoke against the application, asking why one person can be for
the application,and so many others can be against the proposal and the Planning Commission and Board of
County Commissioners approve it.
Steve Stencil, representative of the applicants, and the applicants Merle and Karla Grieser, spoke for their
application.Mr.Stencil gave a brief overview of the application, and stated that the Grieser's are in agreement
with staff recommendations.
Arlan Marrs asked Mr. Stencil to show on map the proposed building envelopes. Mr. Stencil explained the
intent of the placement to lots one and two, was to not obstruct the view of surrounding property owners too
much. Lot three has an existing home already on it, and lots four and five have restrictions due to drainage
patterns. Arlan asked if the covenants addressed animal units. Karla Grieser explained that requirements are
based on the Zoning Ordinance along with over grazing being addressed in the covenants with responsibility
of upkeep on the lot owner. The issue of dust, Karla also feels that the right to farm covenant addresses this
issue. Karla than added that they feel any further restrictions placed on the them, should also be placed on
others.
Arlan Marrs asked Gloria about the number of animal units Estate is allowed. Gloria stated that one large
animal per acre, with a maximum of eight per lot. Setback and offset are both 20 feet, and 40 feet from
adjacent zoned A(Agricultural) land.
Arlan Marrs moved that Case S-448, be forwarded to the Board of County Commissioners along with the
Conditions of Approval and Development Standards with the Planning Commissions recommendation of
approval. Christie Nicklas seconded the motion.
Jack Epple made a comment that the Planning Commission is a check and balance system and reviews what
the Planning Department has done and have followed rules and regulations. Zoning regulations are made,
and if the applicant follows those rules and regulations, and the Board of County Commissioners have more
of a role to prey on emotions and control growth if that is their perception.
Stephan Mokray commented that there is a human factor involved, and when they start seeing resistance from
neighbors in the area, there is due respect to recognize that there may be underlying problems that could
create problems for the County.
Glenn Vaad made a comment on his perception on the comment from Ms. Kelley that one person wanting the
subdivision and five that do not. Glenn sees it a little differently as a right to property rights. If they tell
someone they no longer had the right to use their property,it is in essence taking away a private property right,
and if one of the other five want to do something with their property and the role is reversed, and people were
against it, it would take away their private property right.
The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Glenn
Vaad,yes;Arlan Marrs,yes;Marie Koolstra,yes;Christie Nicklas,yes; Stephan Mokray, no; Bruce Fitzgerald,
yes;Jack Epple,yes; Fred Walker, yes. Motion carried.
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April 21, 1998
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CASE NUMBER:AmUSR-847
PLANNER: Scott Ballstadt
APPLICANT: Weld County Public Works
REQUEST: An Amendment to Site Specific Development Plans and Special Review Permit for Open Cut
Gravel Mining to combine USR-847 and AmSUP-369 into one permit, as well as exclude 28.9
acres included in the original permits, all in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: All that part of the NE4SW4 and the NW4SE4 and the NE4SE4 of Section 31, T6N,
R65W of the 6th P.M.,Weld County,Colorado.
LOCATION: West of and adjacent to 11th Avenue and south of and adjacent to"O"Street
Scott Ballstadt, Department of Planning Service, presented case AmUSR-847, giving both and overview and
background information on the application Scott stated that the comments entered as preliminary are final.
The Department of Planning Services is recommending approval of the application.
Fred Walker asked Don Carroll, applicant, why the 28.8 acres will no longer be mined. Don than gave an
explanation of the history of the land and also what the future use of the property will be. Don explained that
they want to reduce acreage to be mined, place a new facility for the Public Works and Engineering
Departments. Other uses,such as on site storage,an 8.2 acre wetland area, and a possible future wildlife and
recreation facility are also being proposed.
Fred stated that he had a concern with the taking away of potential mining resources. There is presently at
least 15 years left on this site for mining. Don explained that quality of gravel is one reason for the change in
direction and the County does have another pit nearby. Fred asked if there were other sources nearby if the
28 acres is dropped. Don explained that the County currently has approximately 16 gravel pits in place. Fred
then asked about the banking of wetlands and if trades will be allowed. Don stated that they are in the process
of banking some land.
Lee Morrison stated that the Corp have not accepted or rejected efforts to create banking, and at this time there
has been no definite decision.
Stephan Mokray asked what plans the County has after 15 years of mining. Don explained that they will move
to another pit after completion,with mining going away.
Glenn Vaad asked about an augmentation plan and how much water is left to augmentate. Lee explained that
the County is in process with working with Central Weld Water Conservancy District in other locations in lining
the pits, and the County would benefit so there is no loss and no need to augmentate, and the water district
would benefit in creating a storage vessel with the larger pits.
The Chairman asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
The Chairman asked Mr. Carroll if he was in agreement with the Conditions of Approval and Development
Standards. Don stated that they do have a problem with#2F, regarding the landscaping and reclamation plan,
explaining that they currently have a plan in place with the County and State currently. Without knowing future
use of surrounding property,the landscaping plan may not fit future use.
Jack Epple asked Don if they currently have a Geological permit. Don stated that they also are doing an
amendment to this permit,which is the same as what is being submitted in this permit.
Scott stated they did not have a problem with striking#2F,they were basing the recommendation on City of
Greeley and Division of Wildlife referral comments.
Lee stated that Mr.Carroll is placed in a difficult position since he is addressing mining use, and the County's
recommendation is based on unknown future use.
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April21, 1998
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Christie Nicklas asked that after mining is complete, would a permit come back to Planning Commission for
an alternate use. Lee stated that it would depend on what the use would be.
Jack Epple moved that Case AmUSR-847, be forwarded to the Board of County Commissioners along with
the Conditions of Approval with the deletion of #2F, and Development Standards with the Planning
Commissions recommendation of approval. Christie Nicklas seconded the motion.
The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Glenn
Vaad,yes;Man Marrs,yes;Marie Koolstra,yes;Christie Nicklas,yes;Stephan Mokray, yes; Bruce Fitzgerald,
yes;Jack Epple, yes; Fred Walker, yes. Motion carried unanimously.
CASE NUMBER: USR-1181
PLANNER: Scott Ballstadt
APPLICANT: Darren Weidenhamer/Kelly Walker
REQUEST: A Site Specific Development Plan and Special Review Permit for a Recreational Facility
(supercross motorcycle racing track) in the Agricultural zone district
LEGAL DESCRIPTION: Part of the SW4 of Section 19, T2N, R63W of the 6th P.M., Weld County, Colorado,
lying northwest of Highway Right of Way.
LOCATION: North of and adjacent to Weld County Road 398; approximately 'A mile west of Weld County
Road 63.
Scott Ballstadt, Department of Planning Services, presented case USR-1181, giving an overview of the
application. Scott stated that the comments submitted as preliminary are final. Scott then read the
recommendation into the record. The Department of Planning is recommending approval of the application.
Darren Weidenhamer and Ed Jiovani, applicants,were present for any questions.
Fred Walker asked about mufflers on the bikes and the size of the bikes that will be used. Ed Jiovani stated
that all the bikes will have silencers,and that it will sound louder next to the bikes, but the sound will not travel.
The largest bike will be a 250 and smaller. It will be a family oriented sport with as small as a 50 size bike.
Within 700-1000 feet away,you will not be able to hear the bikes. They have had a study on sound done, and
have taken those comments from the study into consideration.
Jack Epple commented that the area does not seem large enough. The applicants stated that the track will
not be used for speed, so it is a smaller area.
The Chairman asked if there was anyone in the audience who wished to speak for or against this application.
Don Hyde, surrounding property owner, spoke against the application with concerns of noise level,the dirt,
and the decrease in property value.
Christie Nicklas asked Mr.Hyde the size of his property. Mr. Hyde stated he owns 8 acres and has lived there
for 30 years.
Raven Desamonto, spoke in favor of the application. Ms. Desamonto grew up in Keenesburg and the town
is family oriented,this would give the kids and families a place to go and something to do after school and on
the weekends.
Anthony Menero,spoke in favor of the application. Mr.Menero has known the Weidenhamer family for years
and stated that they are first class operation in every business they own and will do what they can to
accommodate people and their needs.
Marie Koolstra asked how often the facility will be used.Scott stated hours are stated in Development Standard
#16.
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
April 21, 1998
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Glen Vaad asked Don Carroll about dust control from Weld County Road 398. Don stated that Public Works
would handle the dust issue through a complaint process through their office, and once it would become a
problem the Health Department would be contacted. There has not been a recent traffic count on the road,
and in 1991, it was about 200 vehicles per day. If it became a problem,they would get with the applicant on
some dust control options.
The Chairman asked the applicants if they were in agreement with the Conditions of Approval and
Development Standards. They stated that they were in agreement, and also willing to accommodate the dust
issue, and would provide a sprinkler truck to control the issue.
Jack Epple asked about the sewage.
Sheble McConnellouge, Weld County Health Department, explained the applicant had a couple of options,
either to pump the vault system and the waste water would not go onto the soil, saving an engineered system,
which the applicants were planning.
Jack Epple asked what ordinance allows for race tracks. Scott stated that it was in the Zoning Ordinance,
Section 31.4.3, allows for recreational facilities as a Use by Special Review.
Christie Nicklas moved that Case USR-1181, be forwarded to the Board of County Commissioners along with
the Conditions of Approval and Development Standards with the Planning Commissions recommendation of
approval. Stephan Mokray seconded the motion.
The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Glenn
Vaad,yes;Arlan Marrs,yes;Marie Koolstra,yes;Christie Nicklas,yes;Stephan Mokray, yes; Bruce Fitzgerald,
yes;Jack Epple, yes; Fred Walker,yes. Motion carried unanimously.
CASE NUMBER: USR-1129
PLANNER: Gloria Dunn
APPLICANT: O.K. Farms Compost
REQUEST: A Site Specific Development Plan and Special Review Permit for an animal waste composting
facility in the A(Agricultural)zone district
LEGAL DESCRIPTION: The W2 of Section 2,TIN, R61W of the 6th P.M., Weld County, Colorado
LOCATION: North of and adjacent to Highway 52; approximately 1/4 mile east of Weld County Road 93
Gloria Dunn, Department of Planning Services, presented case USR-1129, giving an overview of the
application and reading the recommendation into the record. The Department of Planning Services is
recommending approval of the application.
Arlan Marrs asked about fly and odor abatement plans, and how they will work. Trevor Jiricek, Weld County
Health Department,stated that these plans need to be submitted prior to recording the plat, and that they have
a plan in place currently on fly abatement, but no odor plan on file as a result of previous request from the
Health Department. Trevor than gave a history on composting and what process a person must go through
to be successful, and that if ran properly will work.
Jack Epple asked Trevor if there is any regulations either by the County or State. Trevor stated that he is not
aware of the County having any composting regulations,and that the State was working on some, and decided
by the Attorney General that they did not have authority or current statute to adopt them as written.
Bruce Fitzgerald asked Trevor about current composting sites. Trevor explained that there is one permitted
site currently in the County, and several sites that are part of a dairy or cattle operation which do not require
permits as long as they are dealing with their own waste.
Jack Epple asked Lee Morrison if this request is approved,would it put the County in a position of keeping the
facility in compliance. Lee stated that the application either fits within County regulations and requires a permit
or does not.
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April21, 1998
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Arlan Marrs asked about the chicken manure, and if there was a limit on no dead animals. Trevor stated that
this was a condition of no dead chickens. Arlan then asked about the use of compost of berms for water runoff.
Trevor explained that they had requested the State review the permit with the consideration that it would need
service water control much like a dairy or feedlot.
Cal Kuska,the applicants representative,and applicant Oran Cunning were available for questions. Mr. Kuska
has worked with the State on developing standards for composting, and there is currently no regulations on
composting manure. Mr. Kuska then gave some history and background information on composting. The
Cunning's have a large farm operation and convert the compost to organic fertilizer used for landscaping. Mr.
Kuska was in agreement with staff recommendations.
Christie Nickles asked Mr. Kuska if it was his implication that composting destroys e-coli bacteria. Mr. Kuska
stated that it does.
Arlan Marrs asked Mr. Cunning what is he going to do to eliminate the odor and fly problems. Mr. Cunning
stated that they have had problems, as any operation, in the 2 to 2-1/2 years they have been operating, but
feels that they have learned from this problem and fixed them. They currently have backup equipment to
handle any breakdown problems,and they have also tried to eliminate the odor by stockpiling and placing the
compost in windrows right away. Mr. Cunning feels they do have these problems under control at this time.
The Chairman asked if there was anyone in the audience who wished to speak for or against this application.
Vernon Cooksey,surrounding property owner,spoke against the application. Mr. Cooksey has concerns such
as the affect the facility has had on his family,their health and well being. Mr. Cooksey then read a letters from
family members into the record, along with other letters, and submitted them into evidence.
Fred Becker,surrounding property owner, spoke in opposition of the application. Mr. Becker read letters into
the record from farm owners and his own letter,and submitted them into evidence. Some concerns addressed
were odor, change in environment, flies and health. Mr. Becker has been in contact with both Planning and
Zoning and the Health Department over the years regarding the problems.
Jack Epple asked Mr. Becker if he felt the USR application was a step in the right direction, or would he rather
see the facility gone. Mr. Becker stated that it can be done properly, but does not feel Mr. Cunning is the right
person to do so.
George Sink,surrounding property owner,spoke against the application, stating that there are many laws, and
promises are easy made and almost impossible to keep.Mr. Sink did enter his letter into evidence.
Fred Walker asked if a performance clause could be added, with some type of time frame. Lee Morrison
explained that the permit as a whole mandates performance, but if they were to do something, it would be a
minimum of 60 days, and shortened if there is a direct health threat.
Stephan Mokray asked if this condition was imposed, how would it be monitored. Trevor explained that the
Health Department would inspect the facility quarterly, and respond to every complaint. Under a revocation,
it would be monitored more often. Stephan asked about monitoring flies. Trevor stated that it is hard to monitor
flies, and they have done tests to determine the amount, but it is difficult to measure.
The Chairman asked Mr. Cunning if he was in agreement with Conditions of Approval and Development
Standards. Mr. Cunning stated that he was. Mr. Cunning also made a comment that the chicken manure is
difficult to work with, and over the last six months have cut back on the amount they are getting, and are
contemplating getting rid of it all together to eliminate some problems.
Arlan Marrs asked Mr.Cunning if he would accept a condition of a one year temporary permit to be reviewed
in one year for performance standards. Mr. Cunning stated he had no problem with that.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
April 21, 1998
Page 8
Arlan than asked Trevor about the 72 hour time frame for the product coming in to be put in windrows. Trevor
stated that if placed in rows in 72 hours and turned every 10 days,this would break the fly breeding process
and minimize problems. Trevor had concerns of manure stockpiling and not being placed in windrows. Mr.
Cunning did explain the process of putting the larger piles into small once dried, being the reason for the
stockpiling.
Fred Walker commented that composting can work if operated correctly.
Bruce Fitzgerald asked Trevor if they can step up operation to monthly instead of quarterly. Trevor stated they
would have no problem with that.
Jack Epple asked about eliminating smell. Trevor explained that by using carbon some type of cornstalk with
a correct ratio,this would help prevent the smell.
Marie Koolstra asked Mr. Cunning if he was short of equipment take care of the facility. Mr. Cunning stated
that they were short on storage right know and not equipment, and will have to start stockpiling finished
product.
Arlan Marrs moved that Condition of Approval#31 be added stating the applicant has one year from the time
of approval from the Board of County Commissioners,to demonstrate compliance with the application, as well
as the Conditions of Approval and Development Standards for final approval. Christie Nicklas seconded the
motion.
Fred Walker made the comment that the applicant should get one full season to show he can or cannot be
successful.
The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Glenn
Vaad,yes;Arlan Marrs,yes;Marie Koolstra,yes;Christie Nicklas,yes; Stephan Mokray, no; Bruce Fitzgerald,
yes;Jack Epple,yes; Fred Walker,yes. Motion carried.
Jack Epple moved that Case USR-1129, be forwarded to the Board of County Commissioners along with the
Conditions of Approval and Development Standards with the Planning Commissions recommendation of
approval. Christie Nicklas seconded the motion.
The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Glenn
Vaad,yes;Arlan Marrs,yes;Marie Koolstra,yes;Christie Nicklas,yes;Stephan Mokray,yes; Bruce Fitzgerald,
yes;Jack Epple,yes; Fred Walker,yes. Motion carried unanimously.
Meeting adjourned at 4:40 p.m.
Respectfully submi d
Scji
Wendi Inloes
Secretary
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