OFFICIAL MINUTES PLANNING AND ZONING COMMISSION JANUARY 7, 2004

Saint Michael Council Chambers 7:00 p.m.

PRESENT: Chairperson David Dayon, Commission Members Jean Bresin, Leo Elkie, Eric Hamilton, Jeff Laney, Brian Leonard, and Sandra Mariotti (7:15 p.m.). Also present were Community Development Director Marc Weigle, Planner Mary Anderson, Council Representative Mayor Wayne Kessler, Engineer Steven Bot, and Commission Secretary/City Clerk Carol Beall. City Administrator Bob Derus was present in the audience. Chairperson Dayon called the meeting to order, declaring a quorum present. The pledge of allegiance was said. Introduction & Oath of Office for New Members. New Member Eric Hamilton and returning member Brian Leonard were introduced to the Commission. City Clerk Carol Beall administered the Oath of Office to each. Election of Chair and Vice Chair. Commissioners Bresin/Leonard nominated Dave Dayon to be Chair for 2004. Additional nominations were called for three times. There being none, Dave Dayon was elected. Commissioners Laney/Bresin nominated Brian Leonard to be Vice Chair for 2004. Additional nominations were called for three times. There being none, Brian Leonard will act as Vice Chair for 2004. Set Agenda. Weigle added upcoming Open House on the Northeast Wright County Sub-Area Transportation Study to the end of the agenda. Commissioners Elkie/Leonard moved to set the agenda as amended, with all voting aye. Consent Agenda. Commissioner Bresin/Elkie moved to approve the consent agenda minutes of December 3, 2003, and to recommend to the City Council approval of the Final Plat for Highlands of St. Michael Fifth Addition (File No. 2004-01), which would allow for the creation of 16 single- family lots on property located generally south of 11661 50th Street NE and west of Lansing Avenue NE with the following conditions: 1. The applicant shall enter into a Development Agreement with the City of St. Michael prior to filing of the Final Plat; 2. The City Attorney shall review and approve the Title Commitment prior to the filing of the Final Plat; 3. The City Attorney shall review and approve any homeowner’s association documents prior to the filing of the Final Plat. This document shall be filed with Wright County at the applicant’s expense; 4. A Park Dedication fee for 16 lots shall be paid according to the City’s per lot fee at the time of filing of the Final Plat; 5. An Infrastructure fee, as determined by the City’s Infrastructure Funding Policy, shall be paid by the applicant prior to filing of the Final Plat; 6. The City Engineer shall review and approve the Grading, Drainage and Erosion Control Plan, Final Street and Utility Plan and Construction Plans; 7. The five-foot easements along the southeast property line on Lot 1, Block 1 and along the northwest property line on Lot 2, Block 1 shall be increased to 10 feet due to a storm sewer running along the property line between these two lots; 8. The applicant shall prepare a five-foot sidewalk easement agreement along the south side of Block 2 on Lange Avenue NE and along the south side of Block 2 on 47 th Street NE. The P&Z – 01-07-04 – Page 2

City Attorney shall review such agreement and the agreement shall be filed with Wright County at the applicant’s expense; and 9. All city, county, state and federal regulations shall be adhered to. All voted aye. Variance Request Continued from 12/03/03 – Daniel O’Link (File 2003-30) . Planner Anderson reminded the Commission at their December 3, 2003, meeting they had reviewed a variance request by Mr. O’Link that would allow him to place an accessory structure closer to the front property line than the principal structure. The Commission had requested staff to contact Wright-Hennepin Electric to find out if it would be possible to move the power pole and/or its guy wire which would then allow O’Link to construct the accessory structure no more than 20 feet from the principal structure as required by the zoning code. Anderson said staff made contact with Wright-Hennepin Field Representative Ken Jost who visited the subject property. The City also received a letter from Wayne Bauernschmitt, Design Engineer for Wright-Hennepin, commenting on the rerouting of the pole and guy wire. Bauernschmitt’s letter stated that Wright-Hennepin will not consider relocating the overhead line at the W-H member’s expense and would prefer a variance be granted in favor of Mr. O’Link; therefore, it would appear the condition of the distance from the principal structure to the accessory structure of no more than 20 feet cannot be met. Anderson called Bauernschmitt again this date concerning costs Mr. O’Link would have to pay should it be possible to move the pole. In addition to paying the cost to move approximately five poles, Mr. O’Link would have to do all restoration work on all sites and would need to obtain easements from all neighbors involved. Bauernschmitt indicated that should one neighbor not grant an easement, the project could not move forward. After further discussion, Planning Commissioners Elkie/Laney moved to adopt the Findings of Fact as presented, and to approve the request for a variance that would allow the accessory building to be located more than 20 feet from the principal structure, but no more than 45 feet from the principal structure located on property at 14785 – 55th Street NE in the A-2 (Rural Residential) Zoning District. All voted aye. Public Hearing – Amend Section 154.091(A)(1) of Subdivision Ordinance – Park Dedication Fees (File 2004-02). Chair Dayon opened the public hearing at 7:14 p.m. Community Development Director Weigle explained the Park Board, at their December 3, 2003, meeting recommended park dedication fee increases for residential lots from $2,000 to $2,075 per unit, with no change in the percent of land dedication. Commissioner Leonard asked about Commercial and Industrial Fees, which were not proposed to be raised at this time. Chair Dayon opened the hearing for public comment. There being none, Commissioners Leonard/Hamilton moved to close the public hearing at 7:16 p.m. All voted aye. Commissioner Leonard/Bresin moved to recommend to the City Council approval of an amendment to the City’s Subdivision Ordinance that would increase park dedication fees as follows: Subdivision Density Dedication % or Cash Amount 1 to 1.00 units/acre 8% of land or $2,000 $2,075 per unit 1.01 to 3.49 units/acre 10% of land or $2,000 $2,075 per unit 3.50 to 5.99 units/acre 12% of land or $2,000 $2,075 per unit 6.00 units/acre or more 14% of land or $2,000 $2,075 per unit Commercial Development 10% of land or $3,000 per acre Industrial Development 10% of land or $2,000 per acre Public/Semi Public/Institutional 10% of land or $2,000 per acre Development All voted aye. (Commissioner Mariotti in.) P&Z – 01-07-04 – Page 3

Public Hearing – Preliminary/Final Plat and Rezoning for Frankfort Parkway Right-of-Way East of MacIver Avenue NE (File 2004-03). Chair Dayon opened the public hearing at 7:16 p.m. Community Development Director Weigle reviewed the background and history leading up to this public hearing, showing the area of the request on a map, and the survey on an overhead, indicating where Frankfort Parkway is currently completed, and showing the missing segment. Weigle said in addition to the subdivision, because it would no longer meet the minimum lot size requirements for the State Agricultural Land Preservation Program, the City is proposing to rezone the 2.9 acre parcel to R-1 Single Family Residential. Weigle read comments concerning any possible adverse effects of the proposed amendment and rezoning. He then showed a final concept site plan for that proposed section of Frankfort Parkway, indicating where trees, sidewalk and trail would be located. Staff recommended approval of the minor subdivision, as well as the rezoning. Commissioner Dayon asked about a wetland previously identified. Weigle reported the City has gone through the Wetland Technical Evaluation Panel process. The site will be mitigated on a 2:1 basis. Dayon’s second question concerned the steep slopes in some areas. Engineer Bot said 3:1 is the maximum slope allowed by engineering standards. Dayon then asked how the City is going to manage the watershed. Bot said storm sewer piping will be put in to get it down to a pond sized to handle the runoff. Chair Dayon opened the hearing for public comment. Darlene Haus, 4742 MacIver Avenue NE, asked a number of questions. She asked first why the parcel was being rezoned at this time with no signed agreements in place, and whether there is any tax implication on the zoning. The third comment was about the continual garbage problem, which she was hoping could be taken care of. For the record, she stated it is her family’s position that this is a forced sale against the family will, and that the project is a waste of money. She also pointed out on the map the correct location of the wetland previously discussed. Weigle responded to the first two questions, stating the City Attorney had received a faxed signed signature page from the Haus family attorney, and it was his opinion that indicates an agreement was in place. He said there have been discussions with the Duncombes and the City has a signed agreement in principal, which lays out the general parameters. The City was confident this could be settled soon. Weigle said none of the project is physically impacting the Thramer site on the very west side, so no easement or agreement is needed from them. They will, of course, be informed about design and construction, but an easement will not be needed. Weigle said unless the parcel was actually platted as right-of-way, it is necessary to zone for something. He said R-1 is the lowest zoning and consistent with the Comprehensive Plan for the area. Using the survey to split makes it easiest and least expensive, so the Haus property would not have to be platted as well. He said the City pays no taxes, so the zoning did not matter to the City. R-1 zoning seemed to be the most logical without platting as right-of-way. Mike Hogan, 4410 MacIver Avenue NE, said his main concern comes down to money and how the assessments are going to work. He was looking for a reasonable number on how it is going to be assessed and why. He said he is not arguing against the road as he can see the logic of running it through, but wants to know how he is affected. It was pointed out there are paragraphs within the agreements concerning the Duncombe and Haus properties, but the Hogan and Thramer properties will not be assessed. It is the intent to hold a hearing on the project itself, but there would be no assessments for the adjacent properties. At such point in the future, if someone should subdivide or request access to the Parkway, the City would look at assessments at that time. Gordon Duncombe, 4414 MacIver Avenue NE, commented on the map and pointed out an area of about 20’ X 20’ dug out some time ago as a duck pond, which is now classified as a wetland. In hearing about the mitigation being done for running right through the middle of a large wetland, Duncombe felt this small area should be able to be filled back in and mitigated as well, since it is in no way a natural wetland. He said it would make sense to get rid of that wetland anonymity too. P&Z – 01-07-04 – Page 4

Duncombe said there is an agreement in principal to settle a lawsuit, which has not been done, and this hearing would seem a little bit like putting the cart before the horse. It is not a deal until finalized. Weigle suggested the City could certainly have their wetland consultant, Kelly Bopray of MFRA, look at the small wetland Duncombe referred to and discuss with Mr. Duncombe any options that might be available. Weigle said he knew Bopray was aware of the wetland. Administrator Derus asked about exemptions in some cases. Whether that could be an option will be explored. Darlene Haus asked to address the steepness of the slopes. She said their agreement states it will be no more than 4:1 slope on the north side. She said the 3:1 slope along MacIver is already proving to be a problem resulting in a trespass issue. Bot said all slopes on the north side are 4:1 and that any 3:1 on the south side are to minimize tree removal on the Duncombe property. There being no further comment, Commissioners Leonard/Bresin moved to close the public hearing at 7:53 p.m., with all voting aye. The Planning Commission had brief further discussion. Commissioners Leonard/Bresin moved to recommend to the City Council approval of the preliminary and final plat for a Minor Subdivision to split 2.9 acres from the 77.3 acre Haus parcel. All voted aye. Commissioners Bresin/Leonard moved to recommend to the City Council rezoning of the 2.9 acre lot for the Frankfort Parkway Right-of-Way East of MacIver Avenue NE from AP, Agricultural Preserve, to R-1, Single Family Residential. All voted aye. Public Hearing – Comprehensive Plan Amendment and Rezoning for Lot 1, Block 2, Church of St. Michael Plat (File No. 2004-04) . Chair Dayon opened the public hearing at 8:01 p.m. Community Development Director Weigle reported the City recently signed a purchase agreement with the Church of St. Michael for a five-acre parcel, with the intent to either combine it with the 16.5 acres the City currently owns immediately to the south of it for a City Hall/Library/Community Center site or to swap the land for property on the east side of Edgewood Drive as illustrated in the Town Center Preliminary Plat and PUD. Weigle explained how the property is currently planned and zoned. He said changing the designation of the parcel to Town Center in the Comprehensive Plan and rezoning it to PUD with an R-4 underlying zoning is being proposed due to the property’s proximity to the planned Town Center, and its location at the main intersection of Frankfort Parkway and Edgewood Drive. Weigle pointed out, and the Planning Commission considered, any possible adverse effects of the proposed amendment with respect to the official City Comprehensive Plan, its compatibility with present and future land uses of the area, and other items to consider under Section 155.440(A)(4)(a) of the City’s Zoning Ordinance. The proposed use and amendment was not found to have any adverse effects. Staff recommended the Planning Commission forward to the Council its recommendation for redesignating Lot 1, Block 2 of the Church of St. Michael Plat to Town Center in the City’s Comprehensive Plan. The Planning Commission had no specific questions of staff. Chair Dayon opened the hearing for public comment. There was no public comment. Commissioners Elkie/Leonard moved to close the public hearing at 8:10 p.m., with all voting aye. Commissioners Laney/Hamilton moved to recommend to the City Council redesignating Lot 1, Block 2, Church of St. Michael, from Low Density Residential to Town Center in the City’s Comprehensive Plan. All voted aye. Commissioners Mariotti/Bresin moved to recommend to the City Council rezoning of Lot 1, Block 2, Church of St. Michael, from R-1, Single Family Residential to PUD, Planned Unit Development with an R-4 underlying zoning. All voted aye. P&Z – 01-07-04 – Page 5

Public Hearing – Preliminary Plat and Preliminary Planned Unit Development Plan for Town Center of St. Michael (File No. 2004-05). Chair Dayon opened the public hearing at 8:12 p.m. Weigle reported on the background and history of the Town Center request, and showed a general overview of the proposed project. He explained the process of securing Preliminary Plat and Preliminary PUD approval for the entire Town Center site, followed by Final Plat approval for all the outlots at a later date. He also discussed criteria to which the request should be subject and other future actions. Weigle reviewed the request for a preliminary plat and preliminary PUD plan for 10 outlots on 174.13 acres of the former Haller farmstead and Lenz farm. He discussed existing conditions and surrounding land uses, and then specifically reviewed the preliminary plat with regard to density, street layout and access. He explained a few slight changes proposed. Weigle said park and trails were reviewed by the Park Board at a meeting last evening (01-06-04). Weigle said the Park Board had eight or nine conditions to consider. They also wanted to see if it was feasible to put a pedestrian trail under Edgewood Drive, to be done in connection with the 2005 reconstruction of Highway 241 if approved. Open space and trail placement was discussed including adjustments recommended by the Park Board. Revised plans reflecting those conditions should be received before the Planning Commission makes a final recommendation. Grading and utilities as outlined in Engineer Bot’s memo need to be considered as well. Weigle referred to three major points of discussion related to the land use and site plan—Town Center West and the staff preference for a different product (with some possible suggestions shown); Town Center East and the staff recommendation that two or three housing styles be required to provide some variety and choices; and Town Center East also with staff recommendation that a different layout be considered for units abutting the pond/open space area. There are still some concerns about parking, but Weigle said those are hard to discuss without more final plans. Another issue discussed was the extension of Town Center Drive to the east to provide access to B&D and the Cabinet Shop. Weigle suggested the Planning Commission focus on some of the key issues and get public comments, with the recommendation from staff to come back for a recommendation to the Council at the February Planning meeting. Commissioner Mariotti asked about Outlot J, which was really too small for any good purpose unless something was worked out with the adjacent property owner. Commissioner Dayon referred to the areas of Town Center East and Town Center West, whether it was possible to take the two areas and lay out some set standards with the assumption that when the Developer sells and the builder comes in there will be standards to meet. Weigle said at this time the Commission does not have the standards and guidelines. Once the preliminary plat is approved, a builder will assume he can do what was approved on that plat, which is why it is important to have everything in place before approval. He said if the Commission does not think of everything and approves a layout, we could get boxed in. The Planning Commission discussed these and other considerations. Jeff Laney asked about access to the commercial Outlot D. What may be allowed is not known at this time. Although the developers would like a right-in/right-out access to Highway 241, it is doubtful it will be allowed by the State. There was some discussion on timing of development. Weigle said it is a tricky thing as to when residential or commercial develops. Presumably, we would generally work under the assumption the Developer will do commercial if the market is there to support it. There are examples where the number of residential is limited to a certain number before commercial is started. Weigle said the City should see something conceptually as to how it could lay out or appear. There was discussion on the amount of space for commercial and how it compared to other areas. Leonard felt there certainly was not too much shown. Chair Dayon opened the hearing for public comment. Jessie Blanchet, 120 Summit Drive NE, said he had a concern about drainage with a low spot next to his property, which gets to be a pretty good size puddle when it rains. He said he wants to make sure when this goes down it doesn’t get any worse. There is a little lot next to his which he has been maintaining for some time and would be interested in acquiring. Weigle said staff has talked about both of those areas. He said the City P&Z – 01-07-04 – Page 6 would want Blanchet to replat and have the piece attached if he were to acquire it. It was suggested he talk with the developers. Engineer Bot said he talked to Blanchet briefly before the meeting about the drainage, and that information will be passed on to the developer’s engineer to make sure it works. It was pointed out if a pipe comes through the piece in question, there would obviously need to be some kind of an easement. Bot said the City will be looking at the curb and icing issue now that they are aware of it. Blanchet said “we definitely need some commercial there.” Sheila Butler, 608 Ash Avenue NE--corner of Ash and Orleans--said she has two concerns. They look forward to having commercial in the neighborhood, but she wanted to make sure enough of a buffer is created from the commercial to eliminate additional traffic concerns. She said from Sept. 26 to Oct. 3 (one week) 9500 cars were counted on Ash, and she was concerned about the traffic that could be created, depending on what is done with Orleans. She would like to see a separation, backing up single family with more single family before going to high density. It was explained how some of the drainage problems will be eliminated with the plan. Joe Haller, 4411 MacIver Avenue NE, pointed out the outlot next to his property and asked for consideration to move the entrance to the south for better land use and access to the property. There was also brief discussion on the location of utility sewer and water for access to both sides of the road for better long-term land use. Tom Haller, 11579 50th Street in Albertville, said he arrived a little late, so perhaps his question had been answered, but he wanted to know what is going to happen to Edgewood. He said he knows the City would like to see it continued up to 50th Street in Albertville, but he does not believe Albertville has embraced that idea. He asked where Edgewood is going to stop, and was told it will go to the City line. It would have to be a temporary cul-de-sac if longer than 150 feet. Bot said it could be barricaded further back, but the intent is to bring it up to the boundary line. In response to one of Mrs. Butler’s comments about traffic on Ash, Weigle referred to the full Edgewood intersection as part of the 2005 Highway 241 upgrade. He said at that time access at Orleans would be closed off. From an Ash Avenue standpoint, that should eliminate the cut-through traffic. There would be traffic, but a different type of traffic, and hopefully the pattern would work a little better. The type and size of commercial at that point was questioned. Weigle said they are pretty narrow lots about 120 feet deep, so what could work would be limited. Commissioner Elkie said he spoke with the engineer about streets which had been proposed to be T’d for more parking, and the developer is talking about looping them, which Elkie thought was important from a safety standpoint. Some existing drainage that will be handled as part of the project with getting water into the storm sewer system and carried into another pond was explained, which should improve the situation. Leonard said he still had a concern that there is not enough commercial available. Weigle said one of the reasons the City has been interested in the land swap is that it has flexibility into the future. The proposed buildings could go higher instead of spreading out more to keep the south area open for capacity for retail. He said the Civic committee has been considering some of these options. The City controls some of the property so they can decide what to do in those areas. Mariotti spoke about the Town Center East and doing some moving to make it feel more like a Town Center. There being no further comment, Commissioners Elkie/Leonard moved to close the public hearing at 9:30 p.m. All voted aye. No further action was taken at this time. The matter should be back on the February 4 Planning Commission agenda. Public Hearing – Interim Use Permit for Rental Equipment Business ( File 2004-06) . Chair Dayon opened the IUP public hearing at 9:32 p.m. Planner Anderson reviewed the request of Scott Anderson for an Interim Use Permit that would allow him to operate an outside equipment rental business on the property located at 3195 La Beaux Avenue NE, which is zoned commercial, and the P&Z – 01-07-04 – Page 7

Land Use Plan Map designates for commercial use. Planner Anderson pointed out existing conditions and surrounding areas. She also reviewed previous discussion at the Planning Commission. She next discussed the site development plans submitted for Phase One and Phase Two. She said staff did not address Phase Two because it shows future improvements to the property which will require a site plan review at that time, with a possible amendment to the Interim Use Permit, if approved; however, the applicant wanted to review his future plans and explain why he would like to delay some of the code requirements until he proceeds with Phase Two. Anderson provided the Commission with a revised Phase One Plan, which allows for the parking to work. Planner Anderson then reviewed the location of adjacent buildings, the location and number of existing and proposed parking spaces, vehicular circulation, architectural elevations, curb cuts and driveways. Anderson said the County is directing that an easement over the entrance of the driveway to approximately 30 feet west of the right-of-way and up to the north property line be granted in order to provide an access to utilities and the park for maintenance purposes. The City Attorney would prepare the easement agreement and the City would file it, since the City is requesting it. Parking was specifically discussed and Anderson felt the revised plan provided adequate parking, including the required handicap parking. Green space and a walkway were pointed out. The applicant planned for concrete curb and gutter all the way around the site, but not at the parking area. Laney asked about berming. None is included, but Planner Anderson said there are a lot of trees for a good buffer between the site and the residential area. She said staff is requesting review and approval of any trees that come out to make sure a good buffer remains. The dimension plan was reviewed in detail. A separate grading plan was not included. What the City Engineer is requiring is outlined in his memo. The Landscape Plan was also discussed, including existing trees on both this site and Eull’s site to the south. The plan does show some additional trees. Commissioner Laney felt there was not enough of a buffer for the residential to the north and west. The fencing was briefly discussed as well. Planner Anderson reviewed Section 155.441 of the City’s code, pertaining to the purpose, procedure, standards and termination of an Interim Use Permit, as outlined in her memo to the Commission. Standards under which the Planning Commission might recommend an Interim Use Permit were reviewed. She also pointed out that Wright County requested one access to CR 19 be closed for public safety concerns. The Planning Commission discussed further several issues, including the proposed parking, items in the City Engineer’s memo, fencing, and the adequacy of plans. A fifth concern of Planner Anderson was possible other uses on the site, such as rental of videos. She asked if an IUP is approved, would the use be exclusive exactly as per the conditions of the IUP, or could rental of videos, which is a permitted use in this zoning, be allowed. Scott Anderson did not plan for other uses at this time, but was looking to the future. There was additional discussion on the curbing and ponding on the site. Weigle discussed some of the reasons for curbing on a site, indicating it helps to provide a defined edge, in addition to the use for directing drainage. In this case it would be less of a concern because of the fence at the edge of the gravel area. If drainage were not to work, modification would be needed, with the possibility of a paved swale. Commissioner Bresin felt the middle curbing should be required. When a grading plan is put together, it will be easier to see how it will all work. If the building is raised, it will still be no more than 20 feet. Scott Anderson said he keeps everything behind the fence, and his lift6 does not need to be up. Commissioner Hamilton asked about lighting and noise generated. Mary Anderson suggested the applicant could answer those questions. It was also questioned if ornamental shrubbery along 19 would work, as the Planner had suggested. There is a very large right of way on CR 19, so if the shrubbery is out of the right of way as required, it should not be damaged by the plowed snow. Weigle suggested looking for a species that is salt and drought tolerant. P&Z – 01-07-04 – Page 8

Dayon invited Scott Anderson to make a presentation. Anderson said he does not know what kind of lighting he will have yet, but the Commission was told the lighting will have to meet the City’s ordinance and must be directed on to the property (lighting head shining down on the site – can’t tilt up and shine out.) With regard to noise, Anderson said loading of a skid loader on to a trailer is about all the noise you will hear. He was asked about fencing. There was some concern for the houses to the north and west of the property. Commissioner Laney said at this time of the year there is not much of a barrier from the houses—that there is not much blocking the view from the back of the houses. Anderson thought he might replace some of the scrubbier trees with two or three evergreens. It was also suggested that the fencing material be vinyl-coated chain link. There was further discussion on the use and whether a permitted commercial use could be conducted on the property, with the IUP, since the property is zoned Commercial. Anderson said he does not know what kind of signage he will have either, but thinks it may be on the building itself. Chair Dayon opened the hearing for public comment. There being no comment, Commissioners Elkie/Leonard moved to close the public hearing at 10:49 p.m., with all voting aye. The Planning Commission discussed findings for approval of the IUP. Planner Anderson read the following findings, which the Planning Commission approved by consensus: 1. The subject property has been vacant for a number of years and it may be advantageous to have the existing site and building improved. 2. The subject property may be suited for an outdoor equipment rental business due to its proximity to Co. Rd. 19. 3. The proposed use would not encumber the integrity of the land and could easily be restored as a usable site should the property be vacated. 4. The proposed use of the subject property is not as an intense use as the industrial site to the south. 5. The subject property is located to the north of an existing industrial property with outdoor storage. 6. To the north of the subject property is park open space, which acts as a buffer for the surrounding residential neighborhood. Commissioners Elkie/Bresin moved to recommend to the City Council approval of an Interim Use Permit for Phase I on the property located at 3195 La Beaux Avenue NE, that would allow the use of an outdoor equipment rental business for a period of no more than five and one-half (5-1/2) years with the following conditions, based on the above-listed findings of fact: 1. The applicant enters into an Interim Use Permit for five and one-half (5-1/2) years and would terminate July 1 of 2009. Continued use of the site thereafter would require a new IUP; 2. The applicant shall grant the City an easement over the entrance and side yard in order for vehicles to access the park and utilities consistent with Wright County’s request; 3. A revised parking plan must be submitted and approved by City staff; 4. The Applicant shall agree to pay or allow a levy of assessments for sewer/water; 5. City Engineer Steve Bot’s Memo dated 12/29/03 shall become a part of the approval. The applicant shall comply with the requirements as set forth in this memo; 6. The proposed chain link fencing must be in place prior to occupancy of the property; any chain link must be vinyl coated; 7. The applicant will work with staff, who will review and approve required landscaping and any removal of trees in order to provide the required screening and landscaping on the property; 8. Hours of Operation: 7:00 a.m. thru 9:00 p.m. – Monday thru Friday; 7:00 a.m. thru 5:00 p.m. – Saturday; and 11:00 a.m. thru 5:00 p.m. Sunday. P&Z – 01-07-04 – Page 9

9. No “Lift” or equipment may extend more than 12 feet into the air; 10. No equipment rental, of any kind, may be parked after hours outside the fenced area; 11. All signage shall meet the regulations of the sign ordinance; 12. All lighting shall meet the requirements of the zoning ordinance; and 13. All shelving for storage of rental equipment must be placed indoors. 14. All city, county, state and federal regulations must be adhered to. All voted aye. Mr. Anderson was told the matter would go with this recommendation to the City Council on Tuesday, January 13, 2004. The Planning Commission was provided with copies of the regular City Council Minutes of November 25 and December 9, 2003, for their information. Weigle told the Commission about an Open House on January 21st from 6 to 8 p.m. on the Northeast Wright County Sub-Area Study. A formal presentation will be made at 7 p.m. The Commission will hold a Public Hearing on February 4, 2004. Commissioners Leonard/Mariotti moved to adjourn at 10:55 p.m., with all voting aye.

______Carol Beall, City Clerk/Commission Secretary