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HomeMy WebLinkAboutPlanning Commission Minutes 07-19-2006Approved Minutes City of Plymouth Planning Commission Meeting July 19, 2006 MEMBERS PRESENT: Chair James Holmes, Commissioners E. J. Clyman, Frank Weir, Karl Neset, Melissa Musliner, Kathleen Murdock and Sarah Anderson MEMBERS ABSENT: None. STAFF PRESENT: Community Development Director Anne Hurlburt, Planning Manager Barbara Senness, Senior Planner Shawn Drill, Associate Planner Jared Noelting, Public Works Director Doran Cote, and Office Support Representative Janice Bergstrom 1. CALL TO ORDER - 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. PUBLIC FORUM 4. APPROVAL OF AGENDA MOTION by Commissioner Weir, seconded by Commissioner Musliner, to approve the July 19, 2006 Planning Commission Agenda. Vote. 7 Ayes. MOTION approved. 5. CONSENT AGENDA A. APPROVAL OF THE JULY 5, 2006 PLANNING COMMISSION MINUTES MOTION by Commissioner Weir, seconded by Commissioner Neset, to approve the July 5, 2006 Planning Commission Minutes. Vote. 7 Ayes. MOTION approved. B. RON'S MECHANICAL, INC. (2006041) MOTION by Commissioner Weir, seconded by Commissioner Neset, to approve the request by Ron's Mechanical for a variance to a side yard setback to allow the installation of a 20 -amp condensing unit on property located at 10300 10th Avenue N. Vote. 7 Ayes. MOTION approved. 6. PUBLIC HEARINGS A. CSM EQUITIES, LLC. (2006030) Approved Planning Commission Minutes July 19, 2006 Page 2 Chair Holmes introduced the request by CSM Equities, LLC for a preliminary plat and PUD amendment for property located at the northwest corner of Highway 55 and Northwest Boulevard. Senior Planner Drill asked that the Planning Commission open and continue the public hearing until September 6, 2006 to give the applicant time to provide additional information on the proposed ponding for the development. Chair Holmes opened the public hearing. No one was present to speak. The Commission continued the hearing until September 6, 2006. B. BOHLAND HADLEY WOODS, LLC (2006046) Chair Holmes introduced the request by BohLand Hadley Woods, LLC. for rezoning, preliminary plat, and variance for "Rusten Wood" for 19 single family lots, for the 24.2 - acre site on the east shore of Hadley Lake. Senior Planner Drill gave an overview of the July 11, 2006 staff report. Associate Planner Noelting provided a 3-dimensional scene to give an overview of the proposal. The information was obtained from the applicant's engineer, and was representative of the footprint, scale and height of the proposed houses and the trees as they relate to other buildings in the area. Senior Planner Drill said five letters had been received. He said these letters are part of the public record. Commissioner Clyman said he likes the plat, but has concerns about the outlot, trail, and access to the lake. He asked if parking on the street would be allowed. Senior Planner Drill said that no parking is proposed for the outlot. He said street parking is allowed unless signed otherwise. He said if there becomes a problem with people parking in the area, steps could be taken to sign the area for "No Parking". Senior Planner Drill added that the purpose of the outlot is to provide lake access for people who live within walking distance of the outlot. Chair Holmes introduced the applicant, Steven Bohl, BohLand Development. Mr. Bohl said he met with staff after reviewing the staff report and made some adjustments. Chair Holmes opened the public hearing. Chair Holmes introduced Woody Kingman, 18550 6th Avenue N., who presented a 3 -page letter with comments from the 57 members of the Hadley Lake Improvement Association. Mr. Kingman reviewed the three main topics, including they feel that 1) the legal notice Approved Planning Commission Minutes July 19, 2006 Page 3 failed to provide adequate notice regarding public access, 2) the proposal undermines the environmental preservation of Hadley Lake, and 3) the proposal appears to contravene the rights of the current homeowners. Chair Holmes introduced David Larson, 840 Brockton Lane. Mr. Larson said he is against the outlot with a public access. He said this is a small lake with 2 pockets 30 -feet deep which are aerated. Mr. Larson said the homeowners association carries liability insurance for this reason. He said one pocket is located out from the outlot which would be a hazard for public access, especially kids and teenagers who would be most likely to use the access. Chair Holmes introduced Dan Foy, 700 Queensland Lane. Mr. Foy thanked staff for holding to regulations regarding trees and density. Mr. Foy said his major concern is the cut -through traffic possibilities, and his cul-de-sac is off 8th Avenue. He said north -bound traffic on Co. Rd. 101 backs up past 8th Avenue, and said he believes that there will be cut - through traffic as people are in a big hurry. He said 8th Avenue is straight and there is currently a speeding problem with traffic. Mr. Foy asked about the ordinance that says this roadway has to be connected. He said an alternative would be two separate cul-de-sacs or an easement for emergency vehicles so there could be no through traffic. Mr. Foy said he doesn't see why public access would immediately harm the lake. He said he lived by Mooney Lake and the public access was convenient for the neighborhood and no outside people were piling in and abusing it. Mr. Foy said he is opposed to dedicated parking for the outlot. Mr. Foy suggested speed bumps and/or stop signs at Shadyview or Queensland. Chair Holmes introduced Thomas Frerichs, 685 Shadyview Lane. Mr. Frerichs said he understands the need for emergency access, but other streets off Co. Rd. 101 are cul-de- sacs. He said he is unsatisfied with the proposed through street as it would create a shortcut. Mr. Frerichs said 8th Avenue is a heavily commuted, long street with no stop signs, sidewalks or bike paths. He said he drives his children to the park. Mr. Frerichs said he is concerned about backed up traffic on 8th Avenue, and said his babysitter was in a severe accident at Co. Rd. 101 and 8th Avenue and was hit at 50 m.p.h. He said with a through street, the traffic would be much worse. Mr. Frerichs said Hadley Lake is a small, quiet and peaceful lake, and the homeowners have spent years and dollars. He said it is filled with fish, and he has no desire for a public access. Mr. Frerichs said when word gets out that this lake is loaded with fish it would attract many non -Plymouth people. He said at Lake Minnetonka there are people from all over catching fish from the shoreline. Mr. Frerichs said the homeowners association encourages a catch and release program, which could not be enforced. Chair Holmes introduced Richard Jackson, 870 Brockton Lane. Mr. Jackson said the lake was full of weeds, pollution, and appliances until the lakeowners association was formed and put in time, money and effort. He said with public access it would fished out quickly, and the homeowners would lose interest and let the lake return to its prior state. Mr. Jackson said he supports removing the lake access from the proposal. Approved Planning Commission Minutes July 19, 2006 Page 4 Chair Holmes introduced Charlie McCarty, 17830 8th Avenue N. Mr. McCarty said he is against the street connection, but the development would be fine. He displayed a graphic of traffic backup at Co. Rd. 101 to Co. Rd. 6, which he sees every day. He said it takes 12 minutes to go 1/2 mile. Mr. McCarty said if this 1/2 mile is one minute at 30 m.p.h., it would take maybe 4 minutes to get through the neighborhood. He said traffic impedance devices definitely would keep people from considering cutting through. Mr. McCarty said the technology and mapping systems in peoples' cars show the fastest route, and this technology will be pervasive. Chair Holmes introduced Jerry Rohlfsen, 640 Brockton Lane, Mr. Rohlfsen said he has lived on Hadley Lake for 19 years, and echoed his fellow citizens and asked if a public access is pertinent or necessary. He said Hadley Lake is 50 acres at high water, and much effort has been spent on the environmental agenda in terms of keeping the lake as pristine as possible. Mr. Rohlfsen said he suspects there will be canoes, as any barbershop will confirm that Hadley Lake is one of the best fishing lakes. He said that is because $350,000 has been spent in the last 25 years. Mr. Rohlfsen said the notices said nothing about a public access. Chair Holmes introduced Dan Ellis, 620 Brockton Lane. Mr. Ellis reinforced Mr. Kingman's comments. He said there is a commitment when someone makes an investment and when that community assumes responsibility for a resource like Hadley Lake. He said when you look across the lake you ask are you 3 hours north or 15 minutes west of Minneapolis. Mr. Ellis asked for consideration in anyone accessing the lake that they be responsible to contribute to the lake, and asked the Planning Commission to rescind the public access for Outlot A. Chair Holmes introduced Lawrence Monicatti, 660 Brockton Lane. Mr. Monicatti compared photos of the lake from 1981 to the present. He said the change is due to homeowners who spent time, effort, and money to get this job done. Mr. Monicatti said public access will cause the lake to revert to the early photo, and it would no longer be a significant resource. Chair Holmes introduced Sonia Sadr-Panah, 820 Brockton Lane. Ms. Sadr-Panah said she shares the comments of the homeowners association. Ms. Sadr-Panah voiced how much she loves living on Hadley Lake the last 14 years. She said she knows the neighbors who go into the lake, and does not want to see strangers coming to the area. She said there are 11,000 lakes in the State with public access and asked why open this one. Chair Holmes introduced Curt Hedeen, 630 Brockton Lane. Mr. Hedeen echoed comments made by his neighbors and said he contributed to the comments read by Woody Kingman. He said he spent a lot of money to improve Hadley Lake, and like Mr. Rohlfsen, asked how a public access could be considered without considering his interest. Approved Planning Commission Minutes July 19, 2006 Page 5 Chair Holmes introduced Donna Larson, 840 Brockton Lane. Ms. Larson echoed comments opposing the proposed lake access. Ms. Larson added that she works for an insurance company, and said she has concerns about the safety of people who would access to the lake as there is a significant open hole in the winter and thin ice. She said without the aeration system the fish would die. Chair Holmes introduced Greg Thompson, 830 Brockton Lane. Mr. Thompson said he supports earlier comments. Mr. Thompson read a letter written by his 10 -year old daughter, Emily. The letter asked the Planning Commission to stop building houses because animals live there and it would make more pollution. Ms. Thompson said the neighbors pay to keep the lake clean and people should have to pay if there is public access. She opposed cutting trees and additional grass which might be fertilized adding more algae to the lake. Chair Holmes introduced Wallace Droegemueller, 18340 5th Avenue. Mr. Droegemueller said he and his wife were generally in favor of the development, but just heard about the proposed public access. He said he was president of their homeowner's association for 4 years. Mr. Droegemueller said in the mid -90's the DNR commended the lake owners for the lake water quality. Mr. Droegemueller said there are 1 or 2 storm sewers that dump directly in the lake. Mr. Droegemueller echoed the comments by his neighbors, and said he is proud of what as been done with the lake. Mr. Droegemueller asked that the public access not be included in the development. Chair Holmes introduced Todd M. Johnson, 665 Shadyview Lane N. Mr. Johnson said he concurred with the Woody Kingman letter. Mr. Johnson said one section of 8th Avenue is only 20 feet wide. Mr. Johnson said he and his 2- and 4 -year old children try to bike to the park, but there are no sidewalks. He said if the street goes through, which he strongly opposes, there is a need for stop signs and a way for children to get to the park 3 blocks away. Chair Holmes introduced Jennifer Anderson, 1325 Urbandale Lane. Ms. Anderson said she is concerned about traffic on Urbandale Lane. She said there is no stop sign, no speed bumps, and lots of kids. Ms. Anderson said 19 homes would increase traffic and there is no stop sign at 6th Avenue. She said the proposed Outlot A surprised her as nobody knew about that, and it would be cause more traffic. Chair Holmes introduced David Talen, 710 Shadyview Lane. Mr. Talen expressed concern about cut -through traffic. He said he appreciates the developer's and staff's review, but feels their conclusions are flawed. Mr. Talen stated it will become a cut -through route. He said traffic backs up now. He said he has no doubt people will be making a left-hand turn to the straight road of 8th Avenue. Mr. Talen said this will be a significant safety issue for parents and kids going to Queensland Park. Mr. Talen said a traffic assessment should be done or find a way to restrict traffic. Approved Planning Commission Minutes July 19, 2006 Page 6 Chair Holmes introduced Scott Hoyt, 685 Olive Lane. Mr. Hoyt said he is the father of 4, and they visit Queensland Park daily. He said he is concerned about cut -through traffic on Stn Avenue which could be accelerated with public access to the lake. He said every day traffic backs up on 8th Avenue. Mr. Hoyt said do not underestimate the craftiness of commuters as they find the fastest route from Point A to B. He encouraged alternatives to the through street and asked if it is a necessity based on the number of proposed houses. Mr. Hoyt asked if there could be an easement for emergency traffic and encouraged stop signs, speed humps, and a sidewalk. Chair Holmes introduced Bob Roth, 950 Brockton Lane. He asked the Planning Commission to review the lakeowners presentation and provide an opportunity to see what the choices may be. Chair Holmes introduced Doug Sauter, 18140 8th Avenue. Mr. Sauter said this property is a jewel, and it is a shame it has to be developed. Mr. Sauter said the proposal presents extreme safety issues. Mr. Sauter said the issue of rebuilding 8th Avenue came up several years ago. He said 8th Avenue is very deteriorated, there are no traffic control devices, and there is a narrow section in front of his house. He said the neighborhood has a lot of children and the park is very attractive to them. Mr. Sauter said he lived through the road construction of the previous development, and said there will be hundreds of semis filled with gravel, driving fast down 8th Avenue, which will be destroyed. Mr. Sauter asked the Commission to require that traffic calming devices be installed during construction. He said with good engineering practices when the development is done, 8th Avenue could be a very nice, safe road which encourages pedestrian traffic. He said the construction traffic was 40-50 m.p.h. and they did not follow the times they were supposed to work. Mr. Sauter said the developer should contribute to sidewalks. He said the proposed homes will be worth millions of dollars, but the value added is not worth the cost of one life. Chair Holmes introduced Bruce Hansen, 690 Olive Lane. Mr. Hanson said he has no problem with the proposed development, but is concerned about traffic when the two streets unite. He said there is a lot of foot traffic to the park. He said Olive Lane is a beautiful street compared to 8th Avenue, which is in bad shape. Mr. Hanson said everyone has been waiting for this property to be developed so 8th Avenue could be improved and he suggested widening the street and adding sidewalks. He said if traffic increases it would degrade property values. Chair Holmes introduced Dan Fazendin, 18555 1 lth Avenue N. Mr. Fazendin said he likes the proposed plan in the sense of density, but is very strongly opposed to public lake access. He encouraged the Planning Commission to think of this neighborhood who enjoy the pristine quality of this little lake. Mr. Fazendin said when this area was the Elwell Turkey Farm, tons of manure was dumped in Hadley Lake, which was a dead lake until the lake association took over. He said they have a spectacular success in terms of what private money has done. Mr. Fazendin said public access on a lake this small is a very bad idea and very dangerous to inflict on this internal and self-contained neighborhood, to Approved Planning Commission Minutes July 19, 2006 Page 7 invite whoever wants to drive down there. He said it would be highly inappropriate and there are bodies of water that lend themselves better to public access. Mr. Fazendin said he has never seen a motor on Hadley Lake and called it a "Plymouth neighborhood resource". Mr. Fazendin said that the people who have paid to improve Lake Hadley ought to have the benefit of the use of that lake, rather than just the general public. Chair Holmes introduced Wende Farrow, 700 Olive Lane. Ms. Farrow said she has lived near 8th Avenue for 47 years and reiterated concerns about traffic on 8th Avenue. She said there are walkers and bikers, and also school buses which use 81h Avenue and have to back up in the street to turn around at the end of 8th Avenue 6 times a day. Ms. Farrow said the left turn on 8th to Co. Rd. 101 poses safety issues. She said in 1992 she was rear ended, and she was not the first nor the last as traffic on Co. Rd. 101 is so severe. Ms. Farrow said she has no doubt there will be more through traffic. Ms. Farrow said she has a home business and sees cars doing turn-arounds on Olive Lane but cannot get through now. She suggested using an easement for emergency vehicles or to change the layout of the development so part of the houses access Urbandale and the rest access on to 8th Avenue. Chair Holmes introduced Susan Batson Sorrentino, 525 Queensland. Ms. Sorrentino said she has lived on Hadley Lake over 50 years and has seen a lot of changes. She stated she is against public access on Hadley Lake. Ms. Sorrentino said she feels the lake should be left to the landowners who have been good stewards who have taken care of it and will probably do so in the future. Chair Holmes introduced David Cisneros, 18315 11th Avenue North. Mr. Cisneros said traffic is always a problem, and is worried about more traffic through the area. He said when surveying was done, there were branches chopped down and parts of trees left in his yard, which he thought was rude. He said he is concerned if that's the kind of people the developer hired to do that work. A blue card was submitted by Elizabeth Hackett, 505 Queensland Lane, who did not wish to speak, but wrote, "opinion is against public access to Lake Hadley". Chair Holmes closed the public hearing. The Planning Commission took a short break at 8:57. The Planning Commission Meeting resumed at 9:05. Chair Holmes asked about the concerns regarding the notice and public access. Director Hurlburt said two mailed notices were sent to all property owners within 750 feet, which exceeds the notice requirement by law. She said the required notices were for rezoning, preliminary plat, and variance that were applied for. Director Hurlburt said these notices are fairly brief and did not specifically mention public access on to the lake because Approved Planning Commission Minutes July 19, 2006 Page 8 a notice is not required when there is a lake access. The notices inform residents of the proposal and provide contact information if there are any questions. Chair Holmes asked about the City's plan to acquire this property. Director Hurlburt said that in the early 1990's the City did a study of 30 sites which had significant resources. She said the goal was to acquire sites throughout the community from willing sellers. Director Hurlburt said this site was reviewed, but the City purchased another site nearby. She said when the last Comprehensive Plan was adopted, the City again looked at significant resources for acquisition, but this property was not looked at. Director Hurlburt said this is the last lake that does not have public access. She said the process for deciding the need for the access was part of the City's Comprehensive Plan, and has been on the plan waiting for a development proposal to come forward. Chair Holmes asked for clarification as to what Outlot A would look like and how the public access would function. Senior Planner Drill said a trail would run between the street and the lake. He said Parks and Recreation Director Blank said they may also consider putting a pier on the lake. Commissioner Clyman asked if there are plans for a paved or natural walkway. Senior Planner Drill responded that had not yet been decided, however, the portion of the trail running through the wetland buffer would likely be wood chip. Chair Holmes asked about property rights of lake ownership. Director Hurlburt said the lake access is a complicated area of the law. She said the land surrounding the lake is private, but the surface of the lake is public water, owned by the State of Minnesota. She clarified that land owners have control of their land around the lake but do not have control of the surface of the water. Director Hurlburt asked about standards requiring Walnut Grove Lane to connect to 8th Avenue. Senior Planner Drill stated that Chapter 5 of City Code specifies the maximum length of dead ends. Senior Planner Drill said the stubbed street dead -ends for 8th Avenue and Walnut Grove Lane greatly exceed the maximums, and this is why the street connection through the development is so important. Director Hurlburt added that one of the results of long dead -ends with only one access is that the access point can get congested and people have no way to get in and get out. She said that is part of the reason the traffic backs up at Co. Rd. 101 and 8th Avenue. Director Hurlburt said connecting roads is a basic principle of creating a transportation network. Approved Planning Commission Minutes July 19, 2006 Page 9 Chair Holmes asked about the 8th Avenue reconstruction issue. Public Works Director Doran Cote said he recalled that the City Council's decision to not go forward with reconstruction had as much to do with special assessments. He said we have a fairly clear pallet to work with now. Commissioner Anderson asked if the 200 -foot narrow stretch on 8th Avenue could be widened when the developer builds the connector. Public Works Director Cote said the narrow section is 18-20 feet wide, and other areas are 24-30 feet wide. He said the City would look at widening on the north side of the road. Commissioner Anderson asked about the timeline to widen 8th Avenue in the transportation plan. Public Works Director Cote said maintenance is done as needed, but there is no projected plan to reconstruct 8th Avenue. Chair Holmes asked if the reconstruction could be done in conjunction with the development. Public Works Director Cote said the City could look at doing it if the rights-of-way are there. Commissioner Anderson asked about the two storm sewers draining into the lake. Director Hurlburt said those storm sewers exist from areas surrounding the lake, not from this site. Development of this site has to meet today's water quality standards, and that's why the ponding areas are shown on the proposed plat. Public Works Director Cote there is a storm sewer through the Villages and on the west side of the lake, likely untreated. He said there are no treatment ponds in the Ferndale North Subdivision across the lake from this site. Commissioner Clyman asked about regulations of road construction traffic and traffic calming devices. Public Works Director Cote said the City previously has installed speed humps, but the Council has chosen to put a moratorium on speed humps throughout the City. Public Works Director Doran Cote said they are quite noisy and are not effective between speed humps. He said there could be temporary traffic calming devices during construction traffic, but warned they are noisy. Approved Planning Commission Minutes July 19, 2006 Page 10 Commissioner Neset asked if there are plans to stabilize the northbound and southbound traffic on Co. Rd. 101. Public Works Director Cote said that there is a short period of time during peak traffic times when backups occur. He said while I-494 is under constriction, Co. Rd. 101 is being used as an alterative. He said the City Council just approved improvements to the C.R. 101 and C.R. 6 intersection, and significant improvements will increase capacity of that intersection. Public Works Director Cote said the improvements are designed to accommodate 20 years of traffic volume. Chair Holmes asked what the intersection is currently rated. Public Works Director Cote responded that the intersection is border -line "D -E" in the a.m. and p.m., and said it would be a `B" upon completion. Commissioner Clyman asked what the increase of traffic on Walnut Grove is estimated to be. Public Works Director Cote stated that 18 additional units times 10 trips per unit, results in an additional 180 vehicles per day. That traffic would be split between 8th Avenue and Walnut Grove Lane. Commissioner Anderson asked about the City's responsibility for the outlot and upkeep of the lake. Public Works Director Cote stated that the City contributes to the Minnehaha Watershed, but because the City does not own any part of the lake there are no plans to contribute to the lake water quality. Commissioner Anderson asked if the public area would be mowed and if there would garbage receptacles. Senior Planner Drill said those details have not yet been determined. Director Hurlburt said if Outlot A is in a wetland buffer, it would be left in a natural state and would be maintained as a natural area. Director Hurlburt said a small platform or walkway to get out to the surface of the water could be provided. Commissioner Murdock asked which bodies of water in the City would be comparable with private land around a public lake, and inquired about types of access. Director Hurlburt said Gleason Lake has no public boat launch, but individuals can walk to it via the Luce Line. Bass Lake has a walk in access; Schmidt Lake and Mooney Lake have similar access; Lake Camelot has trails and boardwalks to the lake, but no access for boats; Approved Planning Commission Minutes July 19, 2006 Page 11 Parkers Lake has a fishing pier and public landing. Lake Pomerlou is largely undeveloped and the City owns enough lakeshore for people to canoe, but no boat launch. Director Hurlburt concluded that Hadley Lake is the last lake that does not have any type of access. Commissioner Clyman asked how the DNR and mosquito control agencies access the lake. Mr. Kingman said the association meets with the DNR yearly. He said based on DNR advice, the association contracts Lake Restoration to spray the lake for weeds and algae. He said the Minnehaha Watershed called him and asked if they could cross his property to get lake measurements. Director Hurlburt said mosquito control uses helicopters. Commissioner Clyman asked what percentage of the lakeowners association live on the lake, and how does the association monitor the impact of boat traffic or fishing boats being moved. Mr. Kingman said two of the 57 members of the association do not live on the lake. He said there are 71 properties on the lake, including Mrs. Rusten's. He said boats on the lake belong to the homeowners. Commissioner Clyman said he is concerned about the safety of Queensland Park. He said the City has invested in the playground and it is important to maintain safety of that area. Commissioner Clyman said the association has taken a very strong role in bringing life back to this lake. Commissioner Clyman said he thinks it may be detrimental to open the public access, and thinks the City should listen to the overwhelming response from neighbors who do not want a public access. He said a minimalist access or no boat access might have a positive impact on the neighborhood, and could be a way to educate others about environmental stewardship. He said the aerating devices would be a hazard if there were public access, yet without aeration devices the lake wouldn't be as it is. He said this is an extenuating circumstance that needs to be looked at. Commissioner Neset said this is a good neighborhood, and is not sure if he could support the lake access. He said when updating the Comprehensive Plan, as a former Planning Commissioner and City Council member, he did not understand that Hadley Lake was surrounded by private property and that it was aerated. He said he would support installing a path and a dock to watch the sunset, but does not want someone to launch a boat. Commissioner Neset said he appreciates this unique area in Plymouth, and a primary reason is the lack of cut -through traffic. He said he understands the through street, but it could potentially change the character of the neighborhood. Commissioner Neset said he has lived on a similar street, 26th Avenue, which abuts W. Medicine Lake Drive, and understands the concept of cut -through traffic. Commissioner Neset asked if there would be a different way to approach this where a secondary access for emergency vehicles could be provided without it being a through street. Commissioner Neset said staff noted the potential for a cut -through closer to the intersection of Co. Rd. 6 and Co. Rd. 101, but that is too close to the intersection to be of value. He said traffic speeds down 8th Avenue and Approved Planning Commission Minutes July 19, 2006 Page 12 he does not like the way 8th Avenue is set up. Commissioner Neset said there are good reasons to go ahead with the proposal, but having spent some time in that neighborhood, he appreciates those aspects of it. Commissioner Murdock said last fall a major inventory of all ponds and lakes in the City was going to be prioritized for maintaining pond and water quality relative to the water surface fee. She commended the homeowners in Hadley Lake for the resources they have put in. Commissioner Murdock said she also lives on a pond and thinks the City should do more to contribute to the cost of keeping ponds in good shape. She said she appreciates that safety issues are huge during and after construction. Commissioner Murdock said she is glad to hear Co. Rd. 101 improvements are coming, and would be recommending approval of the preliminary plat and zoning. She said it is a good lower density proposal to fit well in the neighborhood. Commissioner Anderson said she struggles with this proposal and the outlot. She commended the neighborhood for putting the $300,000+ into lake improvements and this is what bothers her about the proposed development. Commissioner Anderson said the neighbors have put in their hard money and hard work and with public access it would be open for anybody. She said she will support the rest of the proposed development, and said she likes the fact there are larger lots to help maintain the quality of life in the area. Commissioner Anderson said she likes the road, which would provide better emergency service overall, but does understand the concerns. She said she would like the City Council to look at stop signs and determine a way to make the roadways more safe. Commissioner Anderson said it would helpful to speed up plans for the improvements to 8th Avenue so it could be done in conjunction with construction of the homes. Commissioner Weir said this proposal is generally a good plan. He said he has concerns about the connector road going through. Commissioner Weir said people will find that's another way to get from Co. Rd. 6 to Co. Rd. 101. He said the lake has succeeded very well without public access. Commissioner Weir said if there is a public access, there should be only a trail and the area would need a waste receptacle available. Commissioner Musliner asked if there were engineering concerns in terms of relocating the bluff. Public Works Director Cote said there were no engineering concerns. He added that the location of the existing sanitary sewer has to be excavated whether relocating the bluff or not. Commissioner Musliner said she is convinced traffic calming measures are needed. She said she agrees that the streets should connect. Commissioner Musliner said she lives on a public lake and has public access, and knows her property line stops 10 feet from the water whereas the Hadley Lake property lines extend into the water. She said she is not Approved Planning Commission Minutes July 19, 2006 Page 13 convinced that a trail would cause a great deal of trouble in the area, but this is a hard decision to make. Chair Holmes said this proposal requires a variance to relocate the bluff line, and there happens to be a lake access issue which falls under the Comprehensive Plan guidelines. Chair Holmes said all other aspects of the project fall into place and he would be voting in favor of the proposal. MOTION by Commissioner Weir, seconded by Commissioner Murdock, to approve the request by BohLand Hadley Woods, LLC. for rezoning, preliminary plat, and variance for Rusten Wood" for 19 single family lots, for the 24.2 -acre site on the east shore of Hadley Lake. Motion to amend by Commissioner Neset, seconded by Commissioner Weir, to remove Condition 8 of the resolution dedicating Outlot A to the public and corresponding public trail and dock. Motion for a friendly amendment, by Commissioner Anderson, to keep Condition 8 in the resolution, but to specify no trail or other improvements other than removal of buckthorn. Friendly amendment accepted by Motion Maker and Seconder. Roll Call Vote. 7 Ayes. Motion to amend approved unanimously. Roll Call Vote on Main Motion. 7 Ayes. MOTION approved unanimously. 7. NEW BUSINESS 8. ADJOURNMENT MOTION by Chair Holmes, without objection, to adjourn the meeting at 10:00 p.m.