1b. City Code Amendment: Landscaping/Tree Removal, Transitional Buffering.I . .
I
I MEMORANDUM
CITY OF _-_
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
TO: Don Ashworth, City Manager
FROM: Bob Generous, Senior Planner
DATE: March 14, 1996
' SUBJ: Buffer Yard Ordinance, Final Reading
I �
CITY COUNCIL UPDATE
City Council held the first hearing on the 1
Council approved the first reading of the o
Senn to provide language to apportion the
development and the amount that abutting
section (f) (2) c., on page 3 of the attached
has also revised section (f) (2) d., page 3 o
fences and section (f) (3), page 4 of the or(
recommendation eliminating credit for ma.
BACKGROUND
In June of 1995, the proposf
approval by the Planning C
and tabled the item to permi
expressed regarding -the ord:
representatives from the Tw
specific areas, of contention.
Aciib�l by CtN
Reject
to Su ,;.:�.. �� C:rerassiori
D.;, . .
4
posed ordinance amendment on March 4, 1996.
lmance directing staff to work with Councilmember
nount of landscaping that would be required of the
ro erty owners should provide. Staff has amended
rdinance, providing a split of 75/25 percent. Staff
:he ordiance, to clarify maintenance responsibility for
lace, incorporating the Planning Commission
made features.
yard ordinance was
and recommended for
mcil reviewed the ordinance
iunity to address concerns
In the interim, staff has met several times wit
> Builders Association to revise the ordinance - to address
The major areas of change between the revised ordinance and the ordinance originally reviewed
by the Planning Commission are the potential f4 -, oviding some of the buffer yard landscaping
within city right -of -ways on sites with limited area [section (f) (1)]; elimination of the four
highest buffering categories (E - H) which included excessive plantings and berms and solid wall
combinations (table); and the addition of exemptions for and consideration of maintaining
significant natural features to meet the buffer yard requirements [section (f) (3)].
Don Ashworth
March 14, 1996
Page 2
Due to the significant changes in the ordinance, staff believes that the Planning Commission
should review the ordinance.
ANALYSIS
'
In developing the ordinance, staff's objective was to create an ordinance that conformed to the
following goals:
1. Buffer yard standards should be calculated to ensure that they do, in fact, function to
buffer.
2. The buffer yard standards should provide aesthetic as well as functional planting
requirements for sites and buildings. These plantings should not only provide screening
'
or transition between adjacent uses, but they should also be designed to add color, natural
growth, a sense of identity, as well as an enhancement to the natural environment.
3. Standards should be understandable, reasonable, and easy P to implement.
4. Buffer yard standards should compliment preservation/forestation and parking lot
'
screening requirements. Emphasis shall be given to the protection and enhancement of
natural features, rather than replacement.
5. Buffering should be provided between different intensities and densities of uses.
'
6. Standards should be comprehensive covering all sorts of development.
7. The ordinance shall provide minimum standards to assure that a baseline level of quality
is achieved.
8. The ordinance should not unduly limit design flexibility and should allow a good
designer to reflect the demands of the site and the setting in which it is placed.
CURRENT ORDINANCE
Section 18 -61 (a) (5) Landscaped buffers around the exterior of the subdivision shall be required
by the city when the plat is contiguous with collector or arterial streets as defined by the '
comprehensive plan and where the plat is adjacent to more intensive land uses. Required
buffering shall consist of berms and landscape material consisting of a mix of trees and shrubs ,
and/or tree preservation areas. Where appropriate, the city may require additional lot depth and
area on lots containing the buffer so that it can be adequately accommodated and the home
protected from impacts. Lot depths and areas may be increased by twenty -five (25) percent over '
L
C
d
Don Ashworth
March 14, 1996
Page 3
zoning district standards. The landscape plan must be developed with the preliminary and final
plat submittals for city approval. Appropriate financial guarantees acceptable to the city shall be
required.
Section 20 -1176 (f) Buffering shall be provided between high intensity and low intensity uses
and between a site and major streets and highways and in areas where buffering is required by
the comprehensive plan.
COMMENT: The city's current language requires buffering between different intensities
of uses and a buffer requirement is part of the comprehensive plan. However, there is no defined
standards for either staff or developers to determine what constitutes appropriate and adequate
buffering.
PLANNING COMMISSION UPDATE
The Planning Commission held a hearing on February 7, 1996 to review the proposed revisions
to the buffer yard ordinance in response to the City Council direction given on the original
ordinance. The Planning Commission voted unanimously to recommend approval of the
proposed ordinance. The Planning Commission recommended the deletion of the following
from section (f) (3) on page 3 of the ordinance: ". . . or other man-made features such as
stormwater ponds." The Planning Commission did not believe that the separation provided by a
stormwater pond adequately buffers a development and that the required landscaping was
necessary in addition to the pond.
RECOMMENDATION
(Note: Staff has left the ordinance in strike through and bold to show revisions to the ordinance
made since City Council's last review.)
Staff recommends that the City Council adopt a motion approving the revised buffer yard
ordinance shown as Attachment #1 and approve the summary ordinance for publication.
ATTACHMENT
1. Buffer Yard Ordinance Amendment (revised 3/13/96)
2. Planning Commission Minutes of 2/7/95
3. Examples of Existing and Proposed Ordinance on Oak Pond/Oak Hills, Shenandoah
Ridge, and Richfield Bank & Trust
4. City Council Minutes of 3/4/96
Revised 4/27/95
Revised 10/10/95 '
Revised 3/13/96 CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. '
AN ORDINANCE AMENDING CHAPTER 20 OF THE
CHANHASSEN CITY CODE, THE ZONING ORDINANCE
'
CONCERNING LANDSCAPING AND TREE REMOVAL
FOR TRANSITIONAL BUFFERING BETWEEN USES
'
PURPOSE AND INTENT
,
It is the policy of the city to provide buffering between different intensities and densities of land
uses and between developments and public collector and arterial right -of -ways in order to
provide screening from light, noise, and air pollution, to enhance public safety, and to improve
'
the aesthetics and compatibility of uses. The intent of this ordinance is to provide minimum
standards that are understandable, reasonable, and implementable. The standards must address a
comprehensive range of development opportunities. Standards shall not unduly restrict design
,
flexibility and they should permit a good designer to reflect the demands of the site in which it is
placed.
'
CITY F CHANHASSEN O
THE CITY COUNCIL OF THE C O C AN ORDAINS:
Section 1. ARTICLE III. DESIGN STANDARDS, Section 18 -61 (a) (5).
,
Landscaping and tree preservation requirements is amended to read:
(5) Landscaped buffers around the exterior of the subdivision and adjacent to collector and
'
arterial streets shall be required by the city as specified in section 20 -1176 (f).
'
Section 2. ARTICLE XXV. LANDSCAPING AND TREE REMOVAL, DIVISION
1. GENERALLY, Section 20 -1176. Intent, scope and compliance,
subsection (b) of the Chanhassen City Code is amended to read:
,
(b) Except for buffer yard requirements specified in section 20 -1176 (f) below, this article
does not apply to single - family developments in A1, A2, RR, RSF, and R4 zoning
'
districts which are regulated by landscaping requirements contained in the subdivision
ordinance (chapter 18).
'
Section 3. ARTICLE XXV. LANDSCAPING AND TREE REMOVAL, DIVISION
1. GENERALLY, Section 20 -1176. Intent, scope and compliance,
subsection (f) of the Chanhassen City Code is amended to read:
'
L
(f) Buffering shall be provided between high intensity and low intensity uses, between a site
and major streets and highways, and in areas where buffering is required by the
comprehensive plan. Such buffering shall be located within a required buffer yard. The
buffer yard is a unit of yard together with the planting required thereon. The amount of
land and the type and amount of planting specified for each buffer yard required by this
ordinance are designed to ameliorate nuisances between adjacent land uses or between a
land use and a public road. The planting units required of buffer yards have been
calculated to ensure that they do, in fact, function to "buffer."
(1) Buffer yards shall be located on the outer perimeter of a lot or parcel extending to
the lot or parcel boundary line, except where easements, covenants or natural
features may require the buffer yard to be set back from the property line. Subject
to review and approval by the City Engineering Department, buffer yards that are
compatible with the typical city boulevard planting requirements may be located
within a portion of an existing municpal public collector or arterial right -of -way.
(2) To determine the buffer yard required between two adjacent parcels or between a
parcel and a street, the following procedure shall be followed:
a. Identify the proposed land use of the parcel and the land use of the
adjacent parcel or functional classification of abutting right -of -way based
on the City of Chanhassen Future Land Use Plan.
b. Determine the buffer yard required on each boundary, or segment thereof,
of the subject property by referring to the following Table of Buffer yard
Requirements and illustrations which specify the buffer yard required
between adjacent uses or streets.
Buffer yard requirements are stated in terms of the width of the buffer yard
and the number of plant units required per 100 linear feet of buffer yard.
Each illustration depicts the minimum buffer yard required between two
uses or adjacent to a collector or arterial right -of -way. The plant unit
multiplier is a factor by which the basic number of plant materials required
for a given buffer yard is determined in accordance with the selected width
of the yard. The project developer shall be responsible for providing
75 percent of the required plantings. If abutting property owner(s)
desire to bring the buffering to 100 percent of the required buffer
yard plantings, then the adjacent property owner(s) may install the
remaining 25 percent of the required plantings on their own property.
d. Whenever a wall, fence, or berm is required within a buffer yard, these are
shown as "structure required" in the buffer yard illustrations. The erection
2
fired structures shall be the responsibility ,
and maintenance of all required p y of the
buffer yard provider (project developer). Mainenance of the structure '
shall be the responsibility of the landowner on whose property the
structure is located.
e. All buffer yards shall be maintained free from all forms of development or
,
storage of equipment or materials. A ground cover of vegetative or
MD
organic material shall be provided. Buffer yards shall be maintained free
'
from junk and debris. Dead or diseased vegetation shall be removed and
COM
replaced with healthy vegetation. The responsibility to maintain, remove
ACT
or replace plant materials shall be that of the landowner on whose property
'
the plant material needing maintenance or replacement is located.
LD
TART F nF RTTFFFR YARD RFOTTTRFMF,NTS
PROPOSED DEVELOPMENT
ADJACENT LAND
LL/
MD
HD
OFF
MIX
COM
PUB
ACT
PASS
OFF/
USE
LD
IND
LL /LD
non
B
C
C
C
D
B
B
A
D
e
MD
non
A
B
B
C
D
B
B
A
D
e
HD
non
A
A
B
C
D
B
B
A
D
e
OFF
non
B
B
A
B
B
B
B
B
B
e
MIX
non
C
C
B
B
B
C
C
C
B
e
COM
non
C
D
B
B
A
C
C
C
B
e
PUB
non
A
A
B
C
C
A
A
A
C
e
ACT
non
A
B
B
B
C
A
A
A
C
e
PASS
non
A
A
B
B
C
A
A
A
C
e
OFF /IND
non
C
C
B
B
B
C
B
B
B
e
ROAD
B
B
B
B
B
B
B
B
B
C
The land use abbreviations are as follows:
LULD - large lot and low density residential;
W
LI
erial road.
(3) Plant material existing on a parcel which meets the buffer yard planting
requirements of location, size and species may be counted toward the total buffer
yard plant material requirement. Existing natural features such as slopes,
' woodlands or wetlands, which
provide physical separation between developments or between a development and
a collector and arterial road may satisfy the buffering function of the required
' buffer yard. The plant unit multiplier for the required plantings shall be reduced
proportionally to the increase in the buffer yard width incorporating said features.
'
MD - medium density residential;
'
HD - high density residential;
'
OFF - office; Mix - mixed use;
Com - commercial;
'
Pub - public /semi - public;
'
Act - active park/open space;
Pass - passive park/open space;
Off/Ind - office /industrial;
Road - collector and art
erial road.
(3) Plant material existing on a parcel which meets the buffer yard planting
requirements of location, size and species may be counted toward the total buffer
yard plant material requirement. Existing natural features such as slopes,
' woodlands or wetlands, which
provide physical separation between developments or between a development and
a collector and arterial road may satisfy the buffering function of the required
' buffer yard. The plant unit multiplier for the required plantings shall be reduced
proportionally to the increase in the buffer yard width incorporating said features.
'
(4) Buffer yards may be used for passive recreation and they Y ma contain a trail
'
provided that no plant material is eliminated, the total width of the buffer yard is
maintained, and all other regulations of this ordinance are met. Utility easements
may be included within buffer yards provided that the utility requirements and
buffer yard requirements are compatible and canopy trees are not planted within
'
said easement.
I (5) Where front, side and rear yards are required by this ordinance, buffer yards may
be established within such required yards.
I (6) Canopy trees are defined as those trees specified as primary or secondary
deciduous trees in the city's subdivision ordinance.
I (7) Understory trees are defined as those trees specified as ornamental or conifer trees
in the city's subdivision ordinance.
I (8) In instances in which the city deems it necessary to provide year round screening,
the city may designate that all planting be of conifers.
' Section 4. This ordinance shall be effective immediately upon its passage and
publication.
PASSED AND ADOPTED this
of the City of Chanhassen, Minnesota.
day of 1996, by the City Council
9
Don Ashworth City Manager Donald J. Chmiel Ma
Y g , or Y
(Published in the Chanhassen Villager on ) '
I�
BUFFERYARD A
REQUIRED PLANT UNITS /100'
I Canopy Trees
2 Understory Trees
3 Shrubs
d
Evergreen Trees/
12
Conifers
Plcnt Unit
Multiplier loo'
.4 2 5'
M-9 "
'• r
• iii��4�.11'
BUFFERYARD B
REQUIRED PLANT UNITS /100'
2 Canopy Trees
4 Understory Trees
6 Shrubs
d
Evergreen Trees/
Conifers
Plcnt Unit 100'
Multiplier
i:.
1 0 ffi
M ap
dpi
• r
t
REQUIRED PLANT
3 Conopy Trees
6 Understory Trees
9 Shrubs
Evergreen Trees/
Conifers
BUFFERYA D C
1 NITS /100'
d
Plant Unit
Multiplier loo' Structure
Req=ed
.6
1
Lower Int U
4k9b
&
BUFFERYARD D
REQUIRED PLANT UNITS /100'
5 Canopy Trees
10 Understory Trees
15 Shrubs
d
Evergreen Trees/
Conifers
Plant MLdt l ff 100' Strvetire
Multiplier Requred
.6 30, da�d
.rs�.�f
:Jill site' ����',: t!-
,ids �•. •. �e•�;1�... + ~ -���
Lowef Intensity Use
FENCES
SYMBOL HEIGHT
Ft • 44 ..
F
TYPICAL
MATERIAL
Wood Rail
.................
,� IIIIIIIIIIIIIIIII
F 6'
F g'
5
F
�
M as Qtir _y_ytol}...,(Required)�.,v,_�,-
(Poured Cret:"�CEment Block. Brick, etc.)
MINIMUM
OPACITY
25%
50%
95%
x i/
9596(./.
Wood Stockade
'
ORDINANCE SUMMARY NO.
CITY OF CHANHASSEN
'
CARVER AND HENNEPIN COUNTIES, MINNESOTA
AN ORDINANCE AMENDING CHAPTER 20
'
OF THE CHANHASSEN CITY CODE
An ordinance amending Chapter 20 of the Chanhassen City Code, Section 18 -61 (a)(5)
referencing Section 20 -1176 (f) and Section 20 -1176 establishing minimum buffer yard
standards between different intensities and densities of land uses.
Robert Generous, Senior Planner
937 -1900 ext. 141
'
Publish in the Chanhassen Villager on March 21, 1996.
( g )
1
Planning Commission Meeting - February 7, 1996
Skubic: Let's go ahead and make the correction.
Mancino: Ladd.
Conrad: I trust Bob. Let's do it.
Mancino: Your life is in his hands. Mike.
Meyer: No comments.
Mancino: I have no comments either. May I have a motion.
Meyer: I'll make a motion, if I can here. I make a motion that the Planning Commission
recommend approval of the amendment to the Bluff Protection ordinance as shown on
Attachment #1.
Conrad: Second.
Mancino: Any discussion?
Meyer moved, Comnd seconded that the Planning
amendment to the Bluff Protection oix1inance as slio vn nl Attachment 91. All in avor
and the motion canied unanimously.
CONSIDER AN AMENDMENT TO THE CITY CODE CONCERNING LANDSCAPING
AND TREE REMOVAL FOR TRANSITIONAL BUFFERING BE'IIVEEN USES.
Bob Generous presented the staff report on this item.
Mancino: Bob, a question for you. On the Ward property that's going to go, it's going to be
some kind of mix use at some time. At this point it is and it goes right next to a single
family subdivision, low density. And it meets C, right?
Generous: Yes.
Mancino: So that's saying to me that the most buffer that they have to put in between the
mixed use area and single family residential low density is 30 feet.
Generous: The most, yes.
46
1
Planning Commission Meeting - February 7, 1996
Mancino: That's the most that has to be inbetween.
Generous: However we could as part of, the development standards establish the bigger
setback.
Mancino: Okay. But that's kind of our minimum.
Generous: Right.
Mancino: And what kind of fence could we require there? How does the fence work into
here?
Generous: That's more of an aesthetic thing. If you look at F -1, that doesn't provide
screening. It's just separation.
Aanenson: You don't have to require a fence. As part of a PUD you might say, maybe it
needs to be bermed. Maybe there's some sloping existing. Because it's a PUD, you still have
the opportunity to negotiation some different.
Mancino: So how do the fences come in here? Where are they part of the matrix?
Generous: They become, under C. The bottom one.
Mancino: Oh, the 10 feet.
Generous: But they really get, they're more intensive under D and F -2 and F -3. F -3 is the
stockade fence with 6 to 8.
Mancino: So I kind of looked at this and I said, but you're telling me we can certainly
change this if between the low density subdivision and a mixed use area the developer wanted
to do 10 feet and then just have a split rail fence. To me that wouldn't be enough.
Aanenson: You wouldn't have any flexibility to change. If you had like two single family
zones, you wouldn't have any buffer anyway but when we have two permitted uses in a
district, you're not going to have much flexibility for changing it, If it's a PUD or something
else that requires site plan review, you have an opportunity then to add conditions to mitigate
the impact so you can go beyond that.
Mancino: Okay. My other question is on page number 3. Section 3, number 3. Existing
natural features such as slopes, woodlands or wetlands, or man -made features such as
47
n
L
J
Planning Commission Meeting s February 7, 1996
stormwater ponds which provide physical separation between developments or between a
development and a collector and, the only problem I have with that is storm water ponds don't
really act as a buffer.
Generous: Except for you get separation.
Mancino: You get separation but they certainly don't buffer a collector or arterial street.
Aanenson: ...noise.
Mancino: No. Or lights. So I mean it doesn't go back to the objective, the intent of this so I
have some concern with that. Any other comments? Mike?
Meyer: I agree with your last comment. I have nothing to add to that at this point.
Mancino: Ladd.
' Conrad: Just some wording. I've asked this question every time this comes in and I lose
sight of it. Bob, without looking at the paper, it's got to be from memory. This is a test.
Tell me what a plant unit multiplier is.
' Generous: It's based on 100 linear feet, you have so many trees, shrubs evergreens that
in. If based on the width of your buffer yard, it either reduces the amount of trees peth t
' unit.
I I
Conrad: So you would multiply the 100 feet and that will tell you how.
Generous: How many trees I should get within that area. You know we might look at the
entire length and we can get a total number of landscaping and then we can look at adjusting
it to take care of it.
Conrad: So the definite, here's what we have on 2(c). It says the plant unit multiplier is a
factor by which the basic number of plant materials required for a given buffer yard is
determined in accordance with the selected width of the yard. We haven't told, I guess once
you know what it means, then the words make sense. When I read the words, it didn't make
sense. I don't know. Basically it's going to force you to explain it to people. And I've talked
about this before on that one. Basically.you can't read the. ordinance -and_ reallv.understand -it.
or is that just me
Mancino: You have to spend some time with it.
48
Planning Commission Meeting - February 7, 1996
Conrad: I don't know. I guess I'd like to be able to read it and say, I get it. I guess I'd rather
have you hand this off to the developer and say, just do it.
Generous: Well that's why they have the pictures.
Conrad: Yeah. The pictures are really good. That's worth a lot. You're the one that's stuck
with it so I'm not going to. I have nothing else Madam Chair.
Mancino: Thank you. Bob.
Skubic: I don't have anything.
Mehl: No. I don't have anything either.
Mancino: I just have two other comments. I have a feeling that (e), (f), (g) and (h) and the
Arboretum and the landscape people saying you couldn't do it. I think most of the reasons
why these were in was so that in (e), nobody would do a 15 foot buffer because they'd have
to put too many plants so they were trying to get bigger buffers out of transition areas
because... overall question for you. Very quickly on purpose and intent. Section 2(b). It
says, this article doesn't apply to Al, A2, RR, RSF and R -4. What's the density for R -4? 4
units.
Generous: 4 units, low density,
Mancino: Low density. Thank you.
Generous: It's those twins.
Aanenson: It's those twin homes.
Mancino: May I have a motion?
Skubic: I'll make the motion that the Planning Commission adopt a motion recommending
approval of the revised buffer yard ordinance as shown in Attachment 91.
Mancino: I'd just like to add a friendly amendment to Section 3, number 3 and that is that we
eliminate or man -made features such as storm water ponds so that it reads, existing natural
"features sUch Lopes, woodlands or wetlands which provide physical separation between
developments, or between a development and a collector, satisfy the buffering function. Do
you accept the friendly amendment?
49
�1
7
f
Planning Commission Meeting - February 7, 1996
Skubic: I accept it.
Mancino: Okay. Is there a second to the motion?
Meyer: I'll second that.
Mancino: Any discussion?
Skubic moved, Meyer seconded that the Planning Commission recommends approval of the
revised buffer yavd oixlinance as shown in Attachment 91, with the amendment to delete the
phnase 'bi• man -made features such as stoimwater ponds" from Section 3(3). All voted in
favor and the motion carried.
APPROVAL OF MINUTES: Conrad moved to note the Minutes of the Planning Commission
meeting dated January 3, 1996 as presented.
The Planning Commission adjourned the meeting at this point for a work session regarding
Planning Commission Goals. The public portion of the meeting was adjourned at 9:45 p.m.
Submitted by Kate Aanenson
Planning Director
Prepared by Nann Opheim
50
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CHANHASSEN CITY COUNCIL
CONTINUATION OF REGULAR MEETING
MARCH 4,1996
Mayor Chmiel called the meeting to order at 7:00 p.m. The meeting was a continuation of the City
Council's meeting of February 26, 1996.
COUNCILMEMBERS PRESENT: Mayor Chmiel, Councilman Berquist, and Councilman Senn
STAFF PRESENT: Don Ashworth, Todd Gerhardt, and Bob Generous
CONSIDER AMENDMENT TO THE CITY CODE CONCERNING LANDSCAPING AND TREE
REMOVAL FOR TRANSITIONAL BUFFERING BETWEEN USES FIRST READING
After discussion, Councilman Berquist moved and Mayor Chmiel seconded a motion to approve first
reading of this ordinance. During discussion, the Council requested that in bringing this item back for
second reading, staff was to review options for providing 100% screening through a requirement that
neighboring property provide a proportionate share of that screening.
Councilmember Colleen Dockendorf arrived at 7:15 p.m.
AMENDMENT TO CITY COUNCIL CONCERNING BLUFF PROTECTION AND SIDE SLOPE
SETBACKS, FIRST READING
Significant discussion occurred between the City Council and Betsy Glaacum regarding the potential
implications of this ordinance in regards to her property and her ability to develop.
Councilmember Dockendorf moved, Councilmember Berquist seconded, approving the first reading of
this ordinance. Included in the motion was a request to evaluate Betsy Glaacum's property for
development potential prior to second reading of this ordinance. The motion was approved 4 to 0.
AUTHORIZE DEVELOPMENT OF A STRATEGIC PLAN FOR THE CITY OF CHANHASSEN
BRIMEYER GROUP
Following discussion, Councilmember Berquist moved that the City Council accept the proposal
presented by Brimeyer Group for the development of a strategic plan. Councilmember Senn seconded
the motion. During discussion, the City Council acted to select April 2 and April 16 as the two meeting
dates to develop the strategic plan. Motion was approved 4 to 0.
Councilmember Mike Mason arrived at 8:15 p.m.
TRUNK HIGHWAY 212 TOLL ROAD PROPOSAL
Al Klingelhutz was present requesting the City Council support the resolution favoring the construction
of Hwy. 212 as a toll road. The general belief of the City Council was that funding for this roadway
would be impossible unless the Council did support the toll road concept. Mayor Chmiel briefed the
City Council on comments that had been received during the public hearing which was held in Eden
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