CALL TO ORDER/ROLL CALL – meeting convened at 6:30 p.m.

Members present: Mayor Don Richards, Tom Heimerl, Sandy Bowen, Susan Reese, Ellen Smith, Todd Schultz, David Cronk, Erin Tomlinson, Reid Wronski

There was a quorum present at all times.

Staff present: Buddy Lucero, Planning Director; Tony Steiner, City Planner; Carl Gaulke, Utilities General Manager

PUBLIC MEETING –

Planning Director Buddy Lucero stated that the existing ordinance states that any amendment to the Code requires notification within and outside a 300 foot area boundary. The intent of that was fine for a simple lot. Recent cases are covering areas that are a mile radius, which could mean hundreds of people being notified. Staff worked with the City Attorney and Utility Department, as they had a concern regarding a recent application, to change the current wording. It was amended to read, "Written notice shall be given to all property owners whose properties lie outside of but within 300 feet of the exterior boundary of the territory proposed for a change in zoning." The word zoning is really the key word because if a zoning change is made then it changes the land use of that area.

Wronski inquired how this would apply to a change in the Zoning Code itself? Would it require that we mail notice to everyone in a residential district if there was a change in residential zoning? For example, changing the residential setbacks from 25 feet to 30 feet. Lucero responded, "No - standards are generic throughout."

Wronski also asked how this change would impact the Comprehensive Plan as the current Zoning Code is inconsistent with the Comprehensive Plan. Lucero responded that in the Comprehensive Plan we propose different land use and zoning to change the existing Zoning Ordinance. This would require a public hearing and notice would be advertised in the newspaper. This would be citywide rather than a single zone area. Wronski’s concern was if the newspaper ad would comply with this verbiage and that it may be necessary to direct mail 3500 households. Lucero confirmed that a written notice in the newspaper would be sufficient notification for overall amendments to the Zoning Code. Wronski felt that the City should comply with state code, which is less stringent than local code.

Lucero stated the intent was to notify those adjacent property owners and felt that written notice was appropriate as well as requiring signage on the property so anyone would be able to see it. A notice would also be placed in the paper.

Lucero said any major change in the code require a public hearing and would be advertised. Smith asked if we have to define written notification? Lucero responded that it says written notice within 300 feet so the assumption is that contact would be made in writing. Tomlinson felt that "shall be given written notice to all property owners" would mean and ad in the Journal would suffice.

Wronski referred to other possible language that has wording that says we have to attempt to notify the property owner. The assessment code has a little wiggle room to help comply with the notification. State Statutes also has similar wording.

Lucero stated that the existing property owner information has always been used without problems.

Mayor Richards questioned if this change meant that we would only put a notice in the newspaper. Lucero responded, no, we would also mail anyone within 300 feet. Lucero stated that this language is common and used by other communities.

Bowen stated that as a property owner living within a boundary she would appreciate being notified. From a citizen’s perspective a notification is the right and fair thing to do.

Lucero stated that one of the attempts to streamline our process and review was to consolidate our meeting times. The ordinance now requires that there be two meetings. If one of those meetings is a workshop and not an actual public meeting, it must be advertised. If a meeting is not held, a cancellation notice must be advertised and there is a cost and time involved. Changing the ordinance to one meeting per month doesn’t mean that there can’t be another meeting; it would just need to be advertised. There would be a cost savings because a cancellation notice wouldn’t be required and other costs related to have a second Plan Commission meeting. The starting time of the meeting may also be open to discussion.

Smith questioned language stating that if a regular meeting falls on a holiday that meeting shall be held the next day, meaning a meeting scheduled for a Tuesday that fell on a holiday would then be held Wednesday. Lucero confirmed that is his understanding of the language.

Reese had a concern about limiting the meetings to three hours. Lucero stated that was in the staff report, not in the ordinance. General discussion confirmed this is more of a policy to keep the meetings to a reasonable length of time.

Wronski proposed an amendment to the language regarding holidays, to read the third Tuesday. Lucero offered that if the issue is the following day, maybe it should read at a date to be determined by the Planning Commission. This change was agreed upon by all.

Mayor Richards asked Wronski to confirm what he wanted amended. Wronski stated to strike the language reading, ‘any regular meeting falling on a holiday to be held on the following day’. Wronski then choose to withdraw his amendment as he felt the ordinance should be specific so that people know when the next meeting would be, so leave it as the next day

CURRENT PLANNING PROJECTS –

Planner Steiner reported that in recent months there has been an interest in looking at the park zoning and updating the Land Use Map. The overall goal is to have a unified and cohesive Land Use Map between the City and the Urban Area Boundary (UAB) and then to update the Zoning Ordinance and Official Zoning Map to reflect the Comprehensive Plan. Currently within the City we show the land use on the Comprehensive Land Use Map, however in some cases, especially in regards to parks, the Land Use Map does not reflect the Zoning Map.

Smith questioned whether land designated as conservancy was private land or city owned. Steiner stated the only land in the proposed zoning/Land Use Map designated as conservancy is land along the corridor along the river.

The first step is to work on types of park lands and conservancy lands and then their definitions. Steiner will map the parks and work on categories and definitions for Commission Workshops and present updates to the Plan Commission to get feedback. He will also work with the Park Board.

Reese had a concern about the quasi-public parks/school. Since the schools are in their own school zone how is it recognized that we use their green space and fields. She asked if those areas can they be zoned schools and parks? Lucero said that this is an important issue that will have to be addressed as it is a recreation area and we are in an agreement with the schools.

Steiner stated that the next step would be to work with GIS to draft a map.

Reese likes the simplification of the designations, P1, P2, P3.

Steiner stated that the first goal is to accomplish the inventory and categorize uses on the Comprehensive Plan Map and organize uses by zoning district designation for the City Zoning Ordinance and Map update. This is basically creating one base designation, Parks, and having sub-designations under parks just like residential. The designated zoning districts would be: Public Park, Quasi Park, Cemetery, Golf Course, Private Park, and Conservancy. The Public Park UAB would not be a zoning designation and will go away.

The land use definitions and zoning definitions need to be the same so when the two maps are compared the designations match. Lucero and Steiner will work on the acronyms.

Tomlinson confirmed that there is a consensus to move forward with this project

At the last meeting the PC talked about shoreland regulations as it relates to the downtown district. This information was forwarded to the Environmental Task Force, who meets this week, and hopefully they will provide feedback to the City.

We have not filled the other planner position but have talked to the Council about the opportunity to have an intern assist the Commissioners and staff. An ad will go out.

Respectfully Submitted,

Jessica Urbach, Recording Secretary