HomeMy WebLinkAboutCity Council Minutes 07-13-2004Adopted Minutes
Regular Council Meeting
July 13, 2004
Deputy Mayor Stein called a Regular Meeting of the Plymouth City Council to order at 7:00 p.m.
in the Council Chambers of City Hall, 3400 Plymouth Boulevard, on July 13, 2004.
COUNCIL PRESENT: Deputy Mayor Stein, Councilmembers Bildsoe, Black, Hewitt, Slavik,
and Neset.
ABSENT: Mayor Johnson.
STAFF PRESENT: City Manager Ahrens, Fire Chief Kline, Community Development Director
Hurlburt, Public Works Director Faulkner, Finance Director Hahn, Park and Recreation Director
Blank, Police Chief Goldstein, City Attorney Knutson, and City Clerk Paulson.
Plymouth Forum
There was no one present to address the Council).
Presentations and Public Information Announcements
4.01) Presentation on "National Night Out on August 3
Lieutenant Plekkenpol spoke of the activities planned for the 21" annual "National Night Out'
on August 3. Deputy Mayor Stein read the Proclamation declaring August 3 as "National Night
Out."
4.02) Presentation of Environmental Champion Awards
Solid Waste Coordinator Vigoren, Environmental Quality Commission Chair Kathleen Osborne,
and Councihnember Black presented Environmental Champion Awards to Grayce and Paul
Jahnke, Karla Anderson, Rebecca Chesink Karen and Jeff Van Meter, Mary Groth, and the
Wetland Health Evaluation Program Team.
Approval of Agenda
Deputy Mayor Stein added a report on Old Rockford Road and Zachary Lane as item No. 9.1
under Reports and Staff Recommendations.
Adopted Council Minutes
Regular Meeting of July 13, 2004
Page 2 of 14
Motion was made by Councihnember Black, and seconded by Councihnember Hewitt, to
approve the amended agenda. With all members voting in favor, the motion carried.
Consent AEenda
Councilmember Hewitt requested to remove item No. 6.11 and place it under General Business
as item No. 8.2.
Motion was made by Councihnember Black, and seconded by Councihnember Hewitt, to
approve the amended Consent Agenda, which included the followingitems: ems:
6.01) Minutes from Special Meeting conducted on June 22 and the Regular Council Meeting of
June 22.
6.02) Resolution Approving Disbursements for the Period Ending July 2, 2004 (Res2004-258).
6.03) Resolution Approving a Site Plan Amendment for the Fields of Nanterre, Third Addition,
located near the hrtersection of Yuma Lane and Schmidt Lake Road (2001148 — Res2004-259),
and a Resolution Approving a Final Plat and Development Contract for Ryland Homes, Inc. for
The Fields of Nanterre, Third Addition" located near the Intersection of Yuma Lane and
Schmidt Lake Road (2001148F — Res2004-260).
6.04) Resolution Revising Resolution 2002-044 for Approval of a Site Plan, Conditional Use
Permit, and Fire Lane Variance for Two Office Buildings to be constructed at the Southwest
Corner of 37`x' Avenue and Plymouth Boulevard (2002131— Res2004-261).
6.05) Resolution Approving a Variance for Side Yard Setback for Construction of a Garage
Addition at 700 Queensland Lane (2004046 — Res2004-262).
6.06) Resolution Approving a Site Plan Amendment for a Loading Area and Site Improvements
for the Property at 10205 51s` Avenue North (2004048 — Res2004-263).
6.07) Resolution Approving a Site Plan Amendment to allow Modification of the Existing
Driveways and Parking Lot at Central Middle School for Property located at 305 Vicksburg Lane
North (2004049 — Res2004-264).
6.08) Ordinance Amending the Text of Chapter 21 of the Plymouth City Code, Entitled the
Plymouth Zoning Ordinance (2004055 — Ord2004-09) and a Resolution Approving Findings of
Fact for Zoning Ordinance Text Amendment to Section 2115.07 to Clarify the Regulations for
Two -Family, Townhouse, Manor Home and Multiple Family Uses (2004055 — Res2004-265).
Adopted Council Minutes
Regular Meeting of July 13, 2004
Page 3 of 14
6.09) Resolution Approving a Site Plan Amendment for a Warming House/Storage Building at
Ridgemount Playfield located at 12000 Ridgemount Avenue North (2004072 — Res2004-266).
6.10) Resolution Approving purchase of Fire Engine/Pumper and Duty Rescue Vehicle
Res2004-267).
6.11) (This item was removed from the Consent Agenda and placed under General Business as
item No. 8.2).
6.12) Resolution Authorizing Execution of Agreement with the Minnesota Department of
Public Safety for the Safe and Sober Communities Project (Res2004-268).
6.13) Resolution Awarding Contract for 2004 Trail Project: Nathan Lane/Highway 55
Frontage Road (4113 — Res2004-269).
6.14) Resolution Approving Encroachment Agreement for Construction of a Fence at 3110
Nathan Lane (Res2004-270).
6.15) Resolution Approving Municipal Waste Abatement Incentive Fund Agreement (Res2004-
271).
6.16) Resolution Awarding Bid for Lancaster Lane Lift Station Upgrades (3114 — Res2004-
272).
6.17) Resolution Authorizing the Mayor and City Manager to sign an Easement Document
related to City Owned Property at 4890 Medicine Lake Drive West (Res2004-273).
6.18) Resolution Approving Change Order for the Plymouth Ice Center (Res2004-274).
6.19) Resolution Approving Closing of Project and Transfer Funds for the Millennium Garden
Res2004-275).
Deputy Mayor Stein thanked Coca-Cola for their donation to the Ice Center (item No. 6.18).
The motion carried to approve the amended Consent Agenda.
Public Hearings
There were no public hearings).
General Business
Adopted Council Minutes
Regular Meeting of July 13, 2004
Page 4 of 14
8.1) Consider Rezoning from FRD to RSF-4, Preliminary Plat, and Final Plat for
Ferndale Estates (2004022 - Land Development, Inc.)
Community Development Director Hurlburt reported on the request of Waterdale Land
Development Inc. for rezoning, Preliminary Plat, and Final Plat approval for Ferndale Estates
located at the southeast corner of County Road 6 and Ferndale Road. She stated the applicant is
requesting rezoning the 3.58 -acre site from FRD to RSF-4. She stated the western two acres of
the site would be for the actual development and the remaining property would be wetland. She
stated this would be a six -unit twin home development. Right-of-way would be dedicated for
Ferndale Road and County Road 6. The Planning Commission conducted their hearing and
recommended approval. She noted that the Council has a relatively high level of discretion
regarding the rezoning request. If the Council would deny the application, staff would
recommend that the Council direct staff to prepare findings of fact for the next Council meeting.
She stated this project was originally scheduled for the May 25 agenda, but was removed from
the agenda to allow time for staff to review and respond to correspondence received on May 25,
2004 from Charles Carpenter. She stated a copy of that correspondence as well as staff s review
and comments are included in the packet materials. She noted that additional correspondence
had been received today from Mr. Carpenter and copies of that correspondence have been
provided to the Council at their desks.
Councilmember Black asked about the wetland mitigation plan, which isn't currently provided.
She stated there is a good portion of wetland being filled and needing to be mitigated. She asked
where that mitigation would be occurring and what steps the applicant took to avoid the wetland.
Community Development Director Hurlburt suggested that the applicant address that question.
Kendra Lindahl, representing Waterdale Land Development, stated they are proposing six units
on this site, and they would be consistent with the density allowed by the Zoning Ordinance.
She stated just prior to this evening's meeting, she was provided with a copy of the
correspondence that staff received today from Charles Carpenter, so they haven't had adequate
time to respond. However, it appears that staff had already addressed the issues in that
correspondence. She explained they are proposing three buildings, and the units are proposed to
sell at $850,000 depending on finishes that individuals choose to finish those homes. She stated
in response to Councilmember Black's question regarding the wetland, they are still waiting to
receive final approval from staff. Once staff confirms the delineation, they would prepare the
mitigation plan. No impact is proposed on the large wetland; however, there would slight impact
to the two wetlands located near County Road 6. The wetland mitigation would be completed on
site. There are approximately 2,900 square feet of wetland impact, and they would comply with
the mitigation requirements.
She stated that the density is consistent with the Comprehensive Plan. She stated there are some
challenges to the way the site is laid out, but they are complying with the ordinance requirements
and have calculated density with staff several times to confirm that.
Adopted Council Minutes
Regular Meeting of July 13, 2004
Page 5 of 14
She stated staff has addressed the traffic issues very well. She stated a couple of issues were
raised at the Planning Commission meeting regarding turn around and snow storage. She
explained there are snow storage sites proposed on site on the north side of the private drive
between the north and east buildings as well as on the south side between the south and west
buildings. She stated they believe that is adequate; however, they have included language in the
developer's covenants that would require trucking off site if there weren't adequate storage on
site. She stated regarding the turnaround, it is adequate for the trucks expected in this
development. She stated they are requesting a Variance for the typical fire lane turnaround. In
lieu of that turnaround, in order to mitigate the concerns for fire suppression, they would be
installing sprinklers in all six homes. They believe that this mitigates the impact and requirement
for the fire lane turnaround. She stated the wetlands and their locations, the acre of land that they
are dedicating to the City and County for right-of-way, and topography issues that make the
turnaround difficult all contribute to the hardships of the property.
Ryan Bluhm, engineer with Waterdale Land Development, stated to avoid impacts to the
wetland, they are at the minimum setbacks on all sides, and they have definitely tried to alleviate
filling in any wetlands. The wetlands that remain along Ferndale Road are drainage ditches that
are being drained into storm sewer along Ferndale Road. He stated the current fill per his
calculations is in the 1,900 square foot range, and they are aware that they would need to
mitigate on site, but that shouldn't be a problem. He stated this could be accomplished around
the storm water pond east of the large wetland without damaging any of the existing trees.
Councilmember Black asked if there would be any impact to the eastern wetland due to the
homes being located there. Mr. Bluhm replied the wetland impact is just along Ferndale Road.
They are retaining a buffer of 20 feet along the existing wetland with an average buffer distance
per the City regulations of 30 feet.
Councilmember Slavik asked if staff reviewed other development proposals for this site.
Community Development Director Hurlburt replied this is the first formal proposal that has been
submitted during the past 11 years. Through the years, staff has had inquiries and reviewed
sketches. She noted this is the first application that has been consistent with the City's
Comprehensive Plan.
Charles Carpenter, attorney representing the owner of properties at 19040 County Road 6, 1635
Xanthus Lane North, and 1645 Xanthus Lane North, stated he has been working with David
Crook, surveyor, to review the proposal. He stated their observations and conclusions are
contained in the May 25, 2004 correspondence to the City. He noted his correspondence that
was recently sent to the City in response to his May 25 correspondence. He stated their primary
position is that they object to the development because of the high density. He stated he believes
that this development would be in contrast to the adjacent neighborhood, which is comprised of
single-family homes spread out on larger lots. It appears that there would be little open space to
this development. The appearance that they would expect would be a solid single mass structure
filling the entire parcel. He stated the majority of the trees and vegetation would be removed,
Adopted Council Minutes
Regular Meeting of July 13, 2004
Page 6 of 14
and only 14 box elder trees would remain. He stated his client doesn't consider the proposed
row of evergreens along County Road 6 and Ferndale Road to be an adequate substitute for those
trees and vegetation to be removed. This would further reduce the open space. They believe that
the proposed project violates the City's policies for protecting the character of the existing
neighborhood and the environment surrounding it.
He reiterated that they are concerned about the density level and how the calculation on which
the number of units was determined. Their surveyor has calculated the net acreage to be less
than two acres and the application of the Guide Plan formula would then be the minimum of two
units per acre to a maximum of three units per acre. He stated they believe staff s calculation
doesn't include the land that lies below the ordinary 100 -year high water level. He stated the
City Code requires that any area that lies below that mark be excluded from the net acreage to
arrive at a net acreage upon which density is determined. He believes that given these
calculations, per subdivision code, the plat couldn't be approved because it would create a
density in excess of the Guide Plan. He requested that based on these findings, the Council deny
the application, as it would be a violation of the Subdivision Ordinance.
He stated the proposed private drive would gain access off of Ferndale Road which they believe
functions as a major collector street due to high traffic volumes. Staff noted in the July 8
correspondence that regardless of how the street is currently functioning, it is still classified as a
minor collector roadway in the City's Transportation Plan. For that reason, staff does not oppose
using a private road in this development. He stated if Ferndale Road would be designated as a
major collector street in the Transportation Plan, it would preclude the use of the private road in
the development.
He stated with respect to the wetland buffer, the slope that currently exists is greater than 12%.
According to the City's wetland Ordinance, the buffer width is to be 40 feet, and the developer
has proposed an average of the minimum 20 feet with a 40 foot on the east side of the wetland.
Staff believes that the slope is not a naturally occurring condition. Farming practices could have
created it, and it would be eliminated by the developer's grading. He stated he doesn't believe
this should be permitted. He stated it would appear that if the pre -construction grade is greater
than 12%, the required buffer should be 40 feet, without a Variance or other action.
He stated with respect to traffic on Ferndale Road, if a southbound car is waiting to turn into the
development, could there be a problem with stacking on Ferndale Road to County Road 6. Staff
has indicated that there is room to stack eight cars so no bypass lane would be necessary on
Femdale Road, which they disagree with.
He stated regarding tree preservation, the majority of the trees would be removed on the west
side of the property and replaced with perimeter rows of evergreens. He stated a better plan
would be to have less density in the development and save more of the trees and vegetation.
Adopted Council Minutes
Regular Meeting of July 13, 2004
Page 7 of 14
He spoke of his concerns on the turnaround area in the development. He questioned whether the
private drive must be clear of private vehicles, pets, children, etc. in order for that to function
properly.
He stated regarding the Variance, he feels there are a number of factors that can't be satisfied by
the developer. One of them is that the property couldn't be put to reasonable use, and they feel
this property could be put to reasonable use by eliminating one of the buildings. He stated the
Variance is needed because of the developer's need to maximize the density. The less dense use
would eliminate the need for the Variance, but it's the developer's desire to maximize density
and profit. He stated the property isn't unique in those respects. Lastly, he feels the Council
shouldn't grant the Variance if it would alter the essential character of the locality, with a great
amount of massing and the elimination of the trees.
He stated in conclusion, the City's Guide Plan doesn't require maximum density. In fact, density
isn't an all -controlling goal. He noted there are other policies in the Guide Plan that cant' weight
too, i.e. keeping the City visually appealing, encouraging aesthetic appeal, protecting wetlands
from overcrowding, and encouraging capability with existing physical environment. He
encouraged the Council to consider a low-density project for this site, which would keep within
the character of the neighborhood.
David Crook, 3030 Harbor Lane, explained how he calculated the area, and how he determined a
different square footage. Community Development Director Hurlburt stated staff believes their
calculation is based on an error in understanding in how the ordinary high water mark applies in
this case. The definition of the ordinary high water mark in the ordinance applies if it is public
water or a public wetland, which this area is not. Therefore, the wetland delineation is what
governs here, which is how the developer submitted the calculation. Staff has reviewed this and
concurs that there are two acres of buildable area.
Chris Weber, 1310 Zircon Lane, requested that the poplars and arborvitae hedge on this property
be preserved for the homeowners to the south. He stated if this project is approved, he requested
that the Council add a shoulder area/path that would connect to Ferndale Road on the south side
of County Road 6.
George Steiner, 1520 Xanthus Lane, stated he recalls this site when it was wetland and how it
was filled illegally and brought to its current elevation. He questions the elevation of the current
site, above wetland levels. He stated this has been a single-family neighborhood for many years,
and it should be maintained that way for zoning purposes. A multiple density development
doesn't fit within the character of the neighborhood.
Joyce Anderson, stated she resides in Medina and works across the street from this proposed
development on the north side of County Road 6. She stated she is concerned of the traffic
coming down Ferndale Road to County Road 6 at 30 mph. The church in the area would be back
Adopted Council Minutes
Regular Meeting of July 13, 2004
Page 8 of 14
in operation, and she noted all the activities planned at that site. The traffic from all these uses as
well as this proposed development concerns her.
Mary Plant, 18745 11"' Avenue North, stated she resides in the Villages below this particular
site. She stated she is concerned about the traffic trying to turn south on Ferndale Road off
County Road 6. She noted that traffic is also backed up late in the afternoon trying to get on
County Road 6. She is concerned about the wetlands because of the big wetlands and man made
pond that this development backs up to. There are floods at their development when there are
substantial rainfalls. Currently, the wetlands are full.
Irene Steiner, 700 County Road 6, stated she is opposed to this development. She explained that
the current traffic situation at this intersection is bad, and it would only get worse with this
proposed development. She stated vehicles are stacked on Femdale Road (10-12 vehicles deep)
trying to get on County Road 6. Therefore, she requested the Council to deny the application.
Robert Elwell, stated he is representing Ruth Elwell, and this property has been in the family
since before World War II. He stated he grew up at this site, and there weren't wetlands, but
farmland. He stated approximately in the 1970s there was some dredging that occurred in the
location as well as a dam that had been added for drainage in the area. He stated they have been
disappointed in trying to market this property, and how much obstruction there is when someone
tries to sell property to get it developed. He provided to the Council a letter of intent from Mr.
Carpenter's client offering to purchase the property. He stated he is unsure about the amount of
land that has been acquired on the north side of County Road 6. It would appear to them that
litigation is threatened to assist their acquisition of land, and that was the reason they received
the intent to purchase their property at a significant lower price. He stated this tactic has been
previously used on other property owners. He stated if this development isn't approved, they are
considering other uses for this property. He requested that this development be approved this
evening.
Bob Dale, developer, stated Plymouth is a great community, and they want to add to the
community by constructing this housing development. He stated this is single -level living that
would be ideal for 55-65 year old residents. He stated these units would add to the beauty and
tax base of the City. These are unique homes, and they would be sprinklered. He noted that they
are also dedicating an area along County Road 6 for a path. He requested the Council's support.
Mr. Carpenter stated that his client has no plan to extort the land from Mr. Elwell's mother.
Community Development Director Hurlburt explained if the wetland was a public water body or
public wetland, the ordinary high water mark would be relevant to delineation of where the
developable land is. In this case, it doesn't apply. Therefore, the delineated edge of the wetland
is used for calculating the density. By that calculation, there are two acres of land that count
towards the density. The entire site is almost 3.6 acres with all the dedications and delineated
wetlands.
Adopted Council Minutes
Regular Meeting of July 13, 2004
Page 9 of 14
She stated on the history of this site, based on aerial photos from 1950-1990, if there were any
alterations it occurred during that time. Until adoption of the Wetland Conservation Act in 1991,
it wasn't illegal to fill wetlands. It appears that any alterations occurred prior to 1991.
Deputy Mayor Stein asked staff to address the concern about the wetland slope buffer being
greater than 12%. Community Development Director Hurlburt stated the application of that
language in the wetland overlay district is based on precedence from previous developments
when land has been significantly altered prior to development or where the slope would be
altered as part of the development. In this case, the City doesn't prohibit grading in the wetland
buffers, and there should be a wider buffer where the slope would be greater to preserve the
function of the buffer. Staff believes that this is consistent with the intent of the City's
ordinance.
She stated regarding density, this development isn't considered high density. There would be a
portion of the site that would remain open space. She stated that there is a church across the
street from this project; it is in an area where larger lots have been subdivided. She stated staff
doesn't consider a twin home to be a multi -family structure consistent with an apartment or row
house.
Regarding the classification of Ferndale Road whether it is a minor or major collector street, she
stated staff hasn't seen evidence that it functions as a major collector street as it serves a defined
area.
Councilmember Bildsoe added that when Ferndale Road was reconstructed a few years ago, it
was designed and constructed as a minor collector street based on comments from area residents.
Deputy Mayor Stein asked what current traffic counts are on Ferndale Road and what volume of
traffic would be added from this proposed development. Community Development Director
Hurlburt replied there would be eight to 10 trips per day from each home in this development.
She stated it would be unlikely that there would be more than one or two vehicles stacking to
enter this development at the same time.
Councilmember Hewitt commented the only access to this site would be Ferndale Road.
Councilmember Bildsoe asked if there have been discussions with the County for a traffic signal
at Ferndale Road and County Road 6, as he doesn't recall seeing this intersection on any of the
County's future plans. Public Works Director Faulkner replied it currently isn't on the County's
top 50" intersection list. He stated staff would need to analyze this intersection.
Councilmember Bildsoe requested a staff report on this intersection if it does make the County's
list.
Adopted Council Minutes
Regular Meeting of July 13, 2004
Page 10 of 14
Regarding the concerns expressed about tree removal and tree preservation, Community
Development Director Hurlburt stated when property is developed, the entire site is considered in
respect to tree preservation. With residential properties, one can remove up to 50% of the caliper
inches of significant trees before any reforestation or restitution is necessary. She stated with
this development, they are slightly over the 50%. She stated they are about 38 caliper inches
above the threshold, but they are replacing it with 165 caliper inches of trees that meet the City's
requirement. Therefore, they far exceed the tree preservation ordinance. She stated the
developer would attempt to save the arborvitae hedge on the south side of the property. She
noted that the City doesn't require special screening or landscaping between single family and
two family dwellings, so it is not a requirement that those plantings be preserved. She stated
they are required to have a landscape plan, but no screening is required.
Regarding runoff of this development, Public Works Director Faulkner explained the developer
is required to limit the post development runoff rate to the predevelopment condition, so the rate
of runoff wouldn't change. Community Development Director Hurlburt added that there would
be a water detention pond on site.
Councilmember Black asked about a large ravine 15-20' south of this property that drains to
Hadley Lake. She asked if that was ever addressed, and does this development eventually drain
to Hadley Lake. Public Works Director Faulkner replied this is part of that drainageway. He
stated this would need to be reviewed again. He stated there could possibly be the potential that
this development could aggravate that system, but it's more a matter of having proper
maintenance of that channel.
Councihnember Slavik asked staff if they are familiar with the concern raised this evening of
flooding in the Villages from this development. Public Works Director Faulkner stated staff
hasn't been made aware of any property damage flooding issues with that development.
Community Development Director explained that the property would drain to a detention pond
in the southeast part of the site which would then flow into the wetland, and then finally to
Hadley Lake.
Community Development Director Hurlburt illustrated the areas and pointed out the private drive
and turnaround. She noted that one portion of it doesn't meet the required 70' length. She stated
staff has reviewed these types of situations for a Variance for the turnaround. She stated while it
doesn't meet the standard turnaround, it would function as a turnaround for the vehicles that
would be expected to be in this development without encroaching upon the private parking areas
for each of the dwellings. Fire Chief Kline added they are satisfied with the plans, and they are
very pleased that the units would have fire sprinkler systems.
Councihnember Bildsoe asked about the right-of-way that the developer would be giving to the
County for County Road 6 for a shoulder area, and if staff would be pursuing that with the
County. Public Works Director Faulkner replied this isn't currently contained in their CIP, but
staff would be discussing this with the County. Ms. Lindahl added that in addition to dedicating
Adopted Council Minutes
Regular Meeting of July 13, 2004
Page 11 of 14
the right-of-way, the County asked them to dedicate 10 feet for a future trail when they do
improve County Road 6. She stated they would also be providing a trail easement as requested
on the south side of County Road 6.
Councilmember Slavik commented as the ward representative of this area, she isn't familiar with
any political issues with this site as addressed by Mr. Steiner.
Motion was made by Councilmember Hewitt and seconded by Councilmember Black to adopt
an Ordinance Amending Chapter 21 of the City Code to classify Certain Land located on the
Southeast Comer of the Intersection of Ferndale Road and County Road 6 (2004022 — Ord2004-
10, Resolution Approving Findings of Fact for the Rezoning of Property located on the Southeast
Corner of the Intersection of Ferndale Road and County Road 6 (2004022 — Res2004-276,
Resolution Approving a Preliminary and Final Plat for Waterdale Land Development Inc. for
Ferndale Estates," for a Three Two -Family Structures located on the Southeast Comer of the
Intersection of Ferndale Road and County Road 6 (2004022 — Res2004-277)and a Resolution
Approving a Variance for Waterdale Land Development, Inc., for construction of Three Two -
Family Structures to be called "Ferndale Estates," located on the Southeast Corner of the
Intersection of Ferndale Road and County Road 6 (2004022 — Res2004-278).
Councilmember Hewitt stated this is a hard site to develop, and she appreciates the work in
trying to fit a development on this site. She stated her biggest concern is making sure that there
is always visitor parking available.
Councilmember Bildsoe asked the City Attorney if there would be any advice to the Council
relative to the interpretation of the City's ordinances as it applies to this development. City
Attorney Knutson replied he has reviewed this project with staff, and he concurs with their
interpretation of the Ordinance. Regarding the Variance request, the question that needs to be
asked is if this is a reasonable use of the property, not whether there is any reasonable use as
stated by Mr. Carpenter.
Councilmember Black commented on the delineation of the wetland. She stated individuals who
oppose this development took a certain elevation and ran it around the wetland and said that's
where it's delineated, from their perspective. She stated when one delineates a wetland, one
needs to take into consideration the plant and soil type, not just elevation.
Councilmember Slavik stated that she would support the motion. She stated she feels it meets
the Variance standards. She noted that there could be other uses for this site which could be
worse. She stated this development would serve as a buffer to the adjacent neighborhood to
County Road 6. She requested the developer maintain the existing arborvitae hedge. She stated
regarding a path on the south side of County Road 6, she would be happy to discuss this with
Commissioner Steele.
Adopted Council Minutes
Regular Meeting of July 13, 2004
Page 12 of 14
Deputy Mayor Stein stated he would support the motion as the developer has met the standards
for the Variance.
Councilmember Bildsoe reiterated that this is a very difficult site to develop. However, he feels
that the density level isn't excessive, and he also requested the developer to protect the arborvitae
hedge.
There being no further discussion and with all members voting in favor, the motion carried.
8.2) Ordinance Amending chapter 1325 of the City Code regarding operation of
Snowmobiles
Police Chief Goldstein stated at the request of the Council, staff reviewed the City's current
snowmobile Ordinance to determine if any changes should be considered. The department
contacted several other jurisdictions to learn about their snowmobile ordinances. He stated
during the winter of 2004, the City received several snowmobile complaints and some of the
residents requested the City to review the Ordinance to determine whether the provisions within
the Ordinance are still appropriate due to the City's growth. He noted that over the last several
years, the Council has amended the Ordinance, and during this time a Snowmobile Task Force
was established to allow for greater public input on the issues. He stated staff is recommending
that the Ordinance be amended by the following:
1. Section 1325.02, Subd. 2: This section would remain intact with the understanding that the
only designated trail would be the State trail on Highway 55 from Fembrook Lane west to the
City limits.
2. Section 1325.01, Subd. 3: Eliminate all of the provision in Section 3 (b) with two possible
caveats (the State trail and the parking lot at the West Medicine Lake Park to Medicine Lake).
Due to the size of Medicine Lake, it is more appropriate to allow for continued snowmobile
access at this location, versus a continued access point at Parkers Lake. Parkers Lake is too
small to allow for additional access, and staff has received complaints from lake area residents
about snowmobile regulations.
He stated under this consideration, snowmobiles would be prohibited from all public
thoroughfares (City streets, County roads, and State highways except where designated by State
law and by the City's Ordinance allowing use on the State trail).
Councilmember Hewitt stated residents would still be allowed to operate snowmobiles on
personal property.
Police Chief Goldstein stated residents could currently use snowmobiles on their own property
and on other properties if they receive permission from the property owners, and they stay within
100 feet of dwellings.
Adopted Council Minutes
Regular Meeting of July 13, 2004
Page 13 of 14
Councilmember Hewitt asked if staff contacted the snowmobile clubs. Police Chief Goldstein
replied staff contacted the Northwest Trails Association, and they indicated that they would
continue to maintain the Highway 55 public trail.
Councilmember Hewitt asked if the association agreed with the proposed changes to the City's
snowmobile Ordinance. Police Chief Goldstein replied staff didn't seek their input regarding the
remainder of the Ordinance changes. He stated the amended Ordinance would be eliminating the
other public streets where there are no snowmobile clubs that maintain the trails. If the
Ordinance would be adopted, staff would contact registered snowmobile owners through the
Department of Natural Resources' data bank with the City notifying them of the changes. In
addition, information would be posted on the City's website, the Sun Sailor, and Channel 12.
Councilmember Hewitt stated staff's recommended changes to the Ordinance are based on
complaints, and she would like to make sure that the Council is receiving adequate public input
on both sides of the issue.
City Manager Ahrens stated as a possibility, the Council could table this item for four weeks, and
staff would place a notice in the paper, contact the snowmobile association, and receive public
input during that time.
Councilmember Slavik stated there are issues and problems regarding damage from
snowmobiles to Parkers Lake and the park property. She stated she also shares Councilmember
Hewitt's concern on receiving more public input. She stated she is concerned that it could be
difficult to access the trail on Highway 55 unless one could get access through private properties
to Highway 55. She stated she would support tabling this issue.
Councilmember Bildsoe stated he supports providing information on the revised Ordinance in
the Sun Sailor, the Lake Shore Weekly News, and the City's website. He stated he doesn't view
the proposed changes to the Ordinance as a big change.
Marsha Videen, 1151 Kingsview, stated she supports the proposed Ordinance. She noted that
there are a lot of problems with violations and enforcements. She suggested that the City send a
mailing to area smowmobilers notifying them of the changes.
David Frenkel, 4820 Naruccus Court, stated when he discussed this issue with the Council this
past winter, the Council deferred a decision until this summer. He stated if the Council were to
table this issue, they would need to contact the Hennepin County Water Patrol, the Canadian
Pacific representatives, the Department of Natural Resources (they enforce the illegal use of the
Luce Line trail), and the hearing would last for hours. He stated this is a very emotional issue for
residents and snowmobilers. He stated if the Council adopted the Ordinance this evening and in
the future a change would be warranted, the Ordinance could always be rescinded.
Adopted Council Minutes
Regular Meeting of July 13, 2004
Page 14 of 14
Deputy Mayor Stein stated that it's important that there be a public process to allow for input for
everyone.
Councilmember Black stated the proposed amendments to the City Code are pretty common
sense. She asked why there needs to be a public process when the Council is just basically
updating the Ordinance.
Deputy Mayor Stein and Councilmembers Slavik, Hewitt, and Bildsoe stressed the need for a
public process. They also noted that Mayor Johnson and Councilmember Neset are absent this
evening, and they might have comments to make concerning the Ordinance.
Motion was made by Councilmember Hewitt, and seconded by Councilmember Slavik, to table
this item to August 24. With all members voting in favor, the motion carried.
9.1) Report on Old Rockford Road and Zachary Lane Intersection
Public Works Director Faulkner discussed staff's report on the Old Rockford Road and Zachary
Lane intersection that was in the recent Council Information Memorandum. He stated that there
has been concerns expressed about this intersection through the years and more recently, when
there was a fatal accident at this intersection. SRF Consulting Group analyzed this intersection,
and they didn't find any problem with the design of the intersection. He stated the current traffic
counts don't warrant an all -way stop. He stated staff is reviewing some temporary solutions for
this intersection, i.e. constructing islands with signposts on Old Rockford Road.
Councilmember Black suggested that staff review temporary striping and/or lighting at this
intersection as well.
Reports and Staff Recommendations
There were no Reports and Staff Recommendations).
Adjournment
Deputy Mayor Stein adjourned the meeting at 9:26 p.m.
Al k'lld A ---
Sandra R. Paulson, City Clerk