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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