HomeMy WebLinkAboutCouncil Information Memorandum 05-03-2012CITY OF PLYMOUTH
rp) COUNCIL INFO MEMO
May 3, 2012
EVENTS/MEETINGS
Environmental Quality Committee (EQC) Agenda 05/09/12.............................................................. Page 1
Park & Recreation Advisory Commission (PRAC) Agenda 05/10/12 ................................................. Page 2
May, June and July 2012 Official City Meeting Calendars................................................................. Page 3
Tentative List of Agenda Items for Future City Council Meetings ..................................................... Page 6
MCWD Chelsea Woods/Mews Stream Restoration neighborhood site meeting 05/01/12 .................. Page 7
MCWD Public Hearing RE: purchase of 0.14 acres, 05/10/12............................................................ Page 8
CORRESPONDENCE
Letter to Property Owners RE: Home Occupation License for Martin Janowak (2012025) ............... Page 9
Letter from MN Dept. of Transportation RE: status of I-494 congestion relief project .................... Page 12
Letter from WSB RE: Peony Lane/Lawndale Lane extension analysis ............................................. Page 14
Letter from Board of Water & Soil Resources RE: spot check of Administration of WCA ............. Page 42
Letter from MN Pollution Control Agency RE: petroleum storage tank release investigation.......... Page 46
Letter from SCS RE: HOME Program grant................................................................................... Page 48
Letter to Property Owners RE: variance request by David Schneider (2012027) ............................. Page 49
Three Rivers Park District 2010 Vision Plan.................................................................................... Page 50
New security screening at suburban Hennepin courts intercepts dozens of items, Star Tribune ...... Page 54
Checking In? Plymouth may want to see ID, Star Tribune............................................................... Page 55
Weather — Extreme Trends, Minnehaha Creek Watershed District ................................................... Page 57
Rep. Jennifer Loon reviewing fiscal disparities tax program, Eden Prairie News ............................ Page 59
Writing Effective "Findings of Fact", Minnesota Cities................................................................... Page 61
It's quiet at the MN Valley Refuge, Star Tribune.............................................................................. Page 62
MINUTES
Approved Minutes, Housing and Redevelopment Authority (HRA) 03/22/12 ................................. Page 66
Approved Minutes, Housing and Redevelopment Authority (HRA) Special Meeting 04/10/12...... Page 75
Approved Minutes, Planning Commission 04/18/12........................................................................ Page 77
Notes from meeting with Three River Park District 04/17/12.......................................................... Page 80
ENVIRONMENTAL QUALITY COMMITTEE
AGENDA
May 9, 2012
WHERE: COUNCIL CHAMBERS
Plymouth City Hall
3400 Plymouth Boulevard
Plymouth, MN 55447
CONSENT AGENDA
All items listed on the consent agenda* are considered to be routine by the Environmental
Quality Committee and will be enacted by one motion. There will be no separate discussion of
these items unless a Committee member, or citizen so requests, in which event the item will be
removed from the consent agenda and considered in normal sequence on the agenda.
1. 7:00 P.M. CALL TO ORDER
2. 7:00 P.M. PUBLIC FORUM — Individuals may address the Committee about any item
not contained in the regular agenda. A maximum of 15 minutes is allotted for the Forum.
3. 7:15 P.M APPROVAL OF AGENDA - EQC members may add items to the agenda for
discussion purposes or staff direction only. The EQC will not normally take official action
on items added to the agenda.
4. 7:20 P.M. PRESENTATIONS AND PUBLIC INFORMATION ANNOUNCEMENTS
A. Floating Island Presentation (Derek Peterson)
5. 7:40 P.M. CONSENT AGENDA*
A. Approve April 11, 2012, Environmental Quality Committee Meeting Minutes (Asche)
6. 7:30 P.M. GENERAL BUSINESS
A. Shingle Creek Watershed 3rd Generation Plan (Polzin)
B. EQC Sponsored Project (Asche)
C. MPCA GreenStep Program (Asche)
7. REPORTS AND STAFF RECOMMENDATIONS
8. FUTURE MEETINGS — June 13, 2012
9. 8:30 P.M. ADJOURNMENT
Page 1
rp)City of
Plymouth
Adding Quality to Life
PARKS AND RECREATION ADVISORY
DATE Et TIME: Thursday, May 10, 2012
LOCATION: CITY COUNCIL CHAMBERS
1. CALL TO ORDER
COMMISSION
MEETING AGENDA
Plymouth City Hall, 3400 Plymouth Boulevard, Plymouth, Minnesota 55447
2. APPROVAL OF MINUTES
3. OPEN FORUM:
4. VISITOR PRESENTATIONS (NON -ACTION ITEMS):
4a. Volunteer Program Presentation- Jackie Maas
4b. Playground Renovation Plan Presentation - Dan Heitke
4c. Yard Waste Site Operations Presentation - Paul Buck
4e. Update on the Emerald Ash Borer - Paul Buck
5. COMMISSION/STAFF UPDATE (NON ACTION ITEMS):
5a. Distribute Annual Report (hard copy)
5b. Land Acquisition Presentation - Neighborhood Park
5c. Plymouth Dog Park
5d. Up -coming Community/Special Events
6. NEW BUSINESS (ACTION ITEMS):
6a. Trail Projects - Table top discussion, review Et prioritization
(hard copy provided at meeting)
7. ADJOURNMENT
NEXT REGULAR MEETING - June 14, 2012 at the Plymouth Creek Center
Page 2
r�Plymouth
Adding Quality to Life
May 2012
Page 3
1 5:00 PM
2 7:00 PM
3 7:00 PM
4
5
SPECIAL COUNCIL
PLANNING
HUMAN RIGHTS
MEETING
COMMISSION
COMMITTEE
Development Tour
MEETING
MEETING
With Planning
Council Chambers
Medicine Lake Room
Commission
Meet at City Hall
6
7
8 7:00 PM
9 7:00 PM
10 7:00 PM
11
12
8:00 AM -1:00 PM
REGULAR COUNCIL
ENVIRONMENTAL
PARK Et REC
Plymouth
MEETING
QUALITY
ADVISORY
Fire Department
Council Chambers
COMMITTEE
COMMISSION
Annual Waffle
(EQC) MEETING
(PRAC) MEETING
Breakfast
Council Chambers
Council Chambers
Fire Station 3
13
14
15
16
17
18
19
7:00 PM
PLANNING
7:30 AM -2:00 PA
COMMISSION
SPECIAL
MEETING
DROP OFF DAY
Council Chambers
Plymouth
Maintenance Facility
20
21
22
23 7:00 PM
24 7:00 PM
25
26
7:00 PM
PLYMOUTH
HRA MEETING
REGULAR COUNCIL
ADVISORY
Medicine Lake Room
MEETING
COMMITTEE ON
Council Chambers
TRANSIT (PACT)
MEETING
Medicine Lake Room
27
28
29
30
31
MEMORIAL
DAY
Observed
CITY
OFFICES
CLOSED
Page 3
City of
Plymouth
Adding Quality to Life
June 2012
Modified on 05103112
Page 4
1
2
3
4
5
6
7
8
9
7:00 PM
PLANNING
COMMISSION
MEETING
Council Chambers
10
11
12
13
14
15
16
7:00 PM
7:00 PM
7:00 PM
REGULAR COUNCIL
ENVIRONMENTAL
PARK ft REC
MEETING
QUALITY
ADVISORY
Council Chambers
COMMITTEE
COMMISSION
(EQC) MEETING
(PRAC) MEETING
Council Chambers
Council Chambers
17
18
19
20
21
22
23
7:00 PM
PLANNING
COMMISSION
MEETING
Council Chambers
24
25
26
27
28
29
30
7:00 PM
8:OOAM
7:00 PM
PLYMOUTH
7:00 PM
MUSIC IN
REGULAR COUNCIL
ADVISORY
HRA MEETING
PLYMOUTH
MEETING
COMMITTEE ON
Medicine Lake Room
5K FUN RUN
Council Chambers
TRANSIT (PACT)
Hilde Performance
STUDY SESSION
Center
Medicine Lake Room
Modified on 05103112
Page 4
r�Plymouth
Adding Quality to Life
July 2012
1
2
3
4
5
6
7
5:00 PM
MUSIC IN
INDEPENDENCE
PLYMOUTH
DAY
Hilde Performance
Center
CITY OFFICES
CLOSED
CANCELLED
PLANNING COMMISSION
MEETING
Council Chambers
8
9
10 7:00 PM
11
12
13
14
REGULAR
7:00 PM
COUNCIL MEETING
ENVIRONMENTAL
QUALITY COMMITTEE
Council Chambers
(EQC) MEETING
Council Chambers
15
16
17
18 7:00 PM
19
20
21
PLANNING
COMMISSION
MEETING
Council Chambers
22
23
24 7:00 PM
25 7:00 PM
26 7:00 PM
27
28
REGULAR
PLYMOUTH
HRA MEETING
COUNCIL MEETING
ADVISORY
Medicine Lake Room
Council Chambers
COMMITTEE ON
TRANSIT (PACT)
STUDY SESSION
Medicine Lake Room
29
30
31
Modified on 05103/12
Page 5
Tentative Schedule for
City Council Agenda Items
May 22, Regular, 7:00 p.m., Council Chambers
• Fire Department Annual Report
June 12, Regular, 7:00 p.m., Council Chambers
• Announce 5k Run on June 30 and Music in Plymouth on July 3
June 26, Regular, 7:00 p.m., Council Chambers
• Announce 5k Run on June 30 and Music in Plymouth on July 3
July 10, Regular, 7:00 p.m., Council Chambers
• Appoint election judges for State Primary Election
• Announce "Night to Unite" on August 7
July 24, Regular, 7:00 p.m., Council Chambers
August 14, Regular, 8:00 p.m., Council Chambers
August 28, Regular, 7:00 p.m., Council Chambers
September 11, Regular, 7:00 p.m., Council Chambers
• Approve 2013 proposed budgets, preliminary tax levies and budget hearing date
September 25, Regular, 7:00 p.m., Council Chambers
• Announce Plymouth on Parade on September 29
October 9, Regular, 7:00 p.m., Council Chambers
• Appoint additional election judges for the General Election
October 23, Regular, 7:00 p.m., Council Chambers
November 13, Regular, 7:00 p.m., Council Chambers
• Canvass 2012 General Election results
November 27, Regular, 7:00 p.m., Council Chambers
December 11, Regular, 7:00 p.m., Council Chambers
Note: Special Meeting topics have been set by Council; all other topics are tentative. Page 6
Affik
MINNEHAHA CREEK
WATERSHED DiSTRlCT
18202 Minnetonka Boulevard
Deephaven, MN 55391
Chelsea Mews/Woods
Stream Restoration Project
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$0.322
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Doran Cote, Public Works Director
City 0f Ply .. �"::
3400 Plymouth Boulevard
Plymouth, NIN 55447
For More Information Contact:
Renae Clark, Project Manager
Phone, (952) 641-4520
E -Mail: rclark@minnehahacrQek:brgi,f„l.,i,i ,li,,,i.,Jill„1{„i,,,i.0,i„I,i. ,.i,!!
Neighborhood Site
Meeting
Tuesday, May 1, 4:30 p.m.
18th Avenue Stream Crossing
Construction Schedule
April 30 - Work begins
(Tree removal, grading, rock
replacement, seeding, planting)
June 1 - Work substantially
complete
Contact
Renae-Clark--i Project -Manager
(952) 641-4510
rclark@minnehahacreek.org
MINNEHAHA CREEK
WATERSHED DISTRICT
Chelsea Woods/Mews Stream Restoration
Construction to begin April 30
In partnership with the City of
Plymouth, the Minnehaha Creek
Watershed District will begin
construction April 30 to restore
an eroded stream channel at the
location of 18th Avenue between
Yuma Lane and Zanzibar Lane.
As previously communicated in public informational meetings:
• Approximately 38 trees will be removed near the channel banks
• Channel slopes will be shaped and stabilized using bioengineering
and boulders
• Rocks will line the channel bottom to reduce the velocity of water
• Shrubs and trees will be planted
Minnesota Native Landscapes has been contracted to perform the
work to restore the stream channel.
Page 7
MINNEHAHA CREEK j
The Minnehaha Creek
Watershed District is
committed to a leadership
role in protecting,
improving and managing
the surface waters and
affiliated groundwater
resources within the
District, including their
relationships to the
ecosystems of which
they are an integral part.
We achieve our mission
through regulation,
capital projects,
education, cooperative
endeavors, and other
programs based on
sound science,
innovative thinking, an
informed and engaged
constituency, and the
cost effective use of
public funds.
QUALITY OF WATER
April 27, 2012
Manager Laurie Ahrens
City of Plymouth
3400 Plymouth Blvd
Plymouth, MN 55447
Dear Ms. Ahrens,
WATERSHED DISTRICT
QUALITY OF LIFE
" J
�.�. APR 2 b
On Thursday, May 10, 2012, at 6:30 p.m., the Minnehaha Creek Watershed District
(MCWD) Board of Managers will hold a public hearing concerning the purchase of
approximately 0.14 acres located at 1308 Lake St. NE., Hopkins. The cost of the
acquisition is $185,000 to be financed by Hennepin County bond proceeds with
repayment through the MCWD's watershed tax levy. Approximately 4.19% of the ad
valorem costs will be allocated to Carver County and 95.81% of the ad valorem costs will
be allocated to Hennepin County. This acquisition is part of the MCWD's Land
Conservation and Restoration Program, which works with other local units of
government, private business and residents to protect water quality and ecological
resources within the MCWD.
The hearing will be held at the MCWD Lower Level Meeting Room, 18202 Minnetonka
Boulevard, Deephaven, MN 55391.
If you have any questions regarding this meeting, please call James Wisker at
952.641.4509.
Sincerely,
James Wisker
Director of Planning, Projects & Land Conservation
18202 Minnetonka Boulevard, Deephaven, MN 55391 0 Office: (952) 471-0590 • Fax: (952) 471-0682 • www.minneha-tt�e ek.org
rp)City of
Plymouth
uz -.
Adding Quality to Life
April 27, 2012
SUBJECT: HOME OCCUPATION LICENSE FOR MARTIN JANOWAK TO
ALLOW A MASSAGE THERAPY/LIFE BALANCE COACHING
BUSINESS OUT OF THE HOME (2012025)
Dear Property Owner;
This letter is written to inform you that Martin Janowak, under file 2012025, is requesting
a home occupation license to operate a massage therapy/life balance coaching business
out of the home located at 6125 Ives Lane North. A letter requesting the license is
attached.
A home occupation license may be approved administratively. If you would like to
comment on this proposal, please fill out the attached project description page and return
it to the city in the enclosed self-addressed envelope no later than May 11, 2012.
While a formal public hearing is not required, city regulations require that property
owners be notified of such applications. Hennepin County records indicate your property
is within 200 feet of the site of this proposal. Information related to the application as
submitted by the petitioner is available for review at City Hall, 3400 Plymouth
Boulevard, from 8:00 a.m. to 4:30 p.m. Mondays and Wednesday through Friday and
8:00 a.m. to 6:00 p.m. Tuesdays, except holidays.
If you have any questions you may call Senior Planner Marie Darling (763) 5095457.
Sincerely,
9M14�-k W
Barbara G. Thomson, AICP
Planning Manager
0APLA"0TICESSMinor Variances_I1TOP12012=2025 Janowak HOL
nolicc.docx
3400 Plymouth Blvd • Plymouth, Minnesota
qiy p� RlaPle Gry Vp
61.1 Ave
55W-1482 Tel: 0 • www.ci.ptyffi`o—u—tFmn.us
Page 9
Written Description of the Proposed Use and How the Use Would Conform
RMS Wellness LLC provides CranioSacral Therapy and Life Balance Coaching services.
Craniosacral Therapy is a form of bodywork and thus requires a Massage Therapy License
issued by the City of Plymouth. Once the Home Occupation Permit is approved Martin J.
Janowak/RMS Wellness LLC will submit an application for a Massage Therapy Certificate
License.
Martin J. Janowak currently has a full time (40f hour a week) job as a licensed Professional
Engineer and works as a Senior Electrical Engineer at Ulteig in Minneapolis. The RMS Wellness
LLC business and associated skill set is a planned career change that is spanning two decades.
Martin started massage therapy training in September 2006 and graduated with a 600 -hour
certificate in Massage Therapy in May 2007. He has continued his education by attending
workshops and seminars. He also teacher assists Upledger Institute workshops.
The original goal was to fully transition into the new career this year, 2012. However, his wife
had 2 children, one being born in 2007 and the other being born in 2009 and a new goal had to
be set. The family decision was that one parent stay home and raise the kids. Mr. Janowak
recently moved to Plymouth, MN. The past year has been spent getting settled.
The new goal is to develop and maintain a small clientele until his kids enter school and his
wife, Diane returns to work. Mr. Janowak would like to develop and host clients in the evening
and weekends. The weekday clients could start as early as 1 p.m. and will end prior to the 10
p.m. deadline. The weekend clients would start after 7 a.m. and end prior to 10 p.m.
The General Provisions will now be addressed individually.
1. RMS Wellness will not produce light, glare, noise, odor, or vibration. RMS Wellness
uses dim lighting, soft music, and normal talking voices when providing its services.
2. RMS Wellness will not create electrical interference. RMS Wellness uses a standard off-
the-shelf computer and PC speakers to generate the soft music. The heating blanket is
also a standard off-the-shelf product.
3. Home occupation is incidental and secondary to the residential use. The premises will
not be changed at all.
4_ There will be no internal or external alterations. There will be no construction for the
purposes of RMS Wellness.
5. RMS Wellness LLC will meet all applicable fire and building codes.
6. There will be no sign anywhere.
7. RMS Wellness LLC will comply with the provisions of the city nuisance ordinance.
8. RMS Wellness LLC will not perform massage services between 10 p.m. and 7 a.m.
9. RMS Wellness LLC does not sell commodities.
10. RMS Wellness LLC uses about 4% of the total floor space. The studio is located in the
basement. The basement is mostly finished. Please refer to attached floor plans.
1 i _ RMS Wellness LLC does not own, rent, or lease commercial vehicles. RMS Wellness
LLC does not need to store any large equipment. It only stores a few bottles of
massage gel in a cabinet inside the studio.
12. RMS Wellness LLC does not require external storage.
13. RMS Wellness LLC services will be conducted entirely within th
The "Specific Requirements" will now be addressed individually.
1. Martin J. Janowak, property fee owner and applicant, will be the only person providing
massage therapy or life balance coaching services from this location.
2. RMS Wellness is a massage therapy business.
3. RMS Wellness does not require equipment not found in a home.
4. RMS Wellness will only need a maximum of two street parking spots and only on days
where one client is arriving and one client is departing. Therefore two spots are only
necessary for about 5 to 10 minutes. There is a bump out to the driveway that clients
can use as necessary so as to not park on the street.
5. RMS Wellness will not have more than 10 appointments per day.
Page 11
��ti1iESpTq
° Zo Minnesota Department of Transportation
p Q
pf�pN°1 395 John Ireland Boulevard
Saint Paul, Minnesota 55155-1899
April 30, 2012
Senator Terri Bonoff
133 State Office Building
100 Rev. Dr. Martin Luther King, Jr. Blvd.
St. Paul, Minnesota 55155-1206
Dear Senator Bonoff:
This letter contains an update you requested on the status of the 1-494 congestion relief project from
Trunk Highway 55 to 1-94. Thanks to your leadership and that of Rep. Anderson, it looks like we have
general agreement with stakeholders, including the city of Plymouth, on a path to providing congestion
relief for commuters in this corridor.
Hopefully, this agreement is evidence of a general understanding of the need to pursue innovative
solutions for urban congestion. Moving forward with a complete evaluation of a managed lane
approach for congestion relief in this corridor is a critical step to addressing the long standing and
growing congestion problem. Managed lane strategies provide the best opportunity for affordable
solutions to peak period congestion and should position this improvement for funding much sooner
than more conventional and more expensive investment proposals.
The process for moving forward is:
MnDOT will undertake a study of adding a managed lane for long term peak period congestion relief.
This managed lane approach could include electronic overhead signs, advisory lane speed limits, limits
to lane availability, and a dynamically priced MnPASS lane.
This concept would be developed with stakeholder input and funding for construction of this
improvement, likely more than $50M, will be sought for this approach. MnDOT recently received a
letter from the city of Plymouth requesting MnDOT to undertake this study. With current funding
available for studies, Metro hopes to have this study underway sometime next year.
MnDOT is also currently evaluating what could be done in the short term to establish temporary use of
the right shoulders during peak traffic periods as an interim solution for congestion relief. The
availability of the shoulders would be designated by roadside signs indicating hours when the shoulders
would be open to traffic.
Part of the evaluation will include working with FHWA to resolve concerns with this concept, but early
indications are that they will support it. Only a small amount of funding has been identified for this
project to date, so additional funding will need to be secured. Additional layout development and plan
preparation will need to be done, but the project could be ready for construction in 2014.
Page 12
An equal opportunity employer
You have asked about expanding the scope of the construction that will begin on that stretch this
summer to include work to allow use of the right shoulders, but unfortunately that is not possible. The
work to be done is primarily a thin resurfacing and the construction plans would have to undergo
extensive revisions, delaying the project and probably making it too expensive to undertake this
construction season.
Thank you again for your help in moving the dialogue concerning investments in this corridor to this
position. Please let me know if you have questions or would like additional information.
Sincerely,
Thomas K. Sorel
Commissioner
c: Scott McBride, Metro District Engineer
Representative Sarah Anderson
Kelli Slavik, Mayor of Plymouth
Page 13
A
WSB
S
&Assoc Engineering ■ Planning ■ Environmental ■ Construction 701 Xenia Avenue South
Suite 300
Minneapolis, MN 55416
Tel: 763-541-4800
Fax: 763-541-1700
Memorandum
To: Doran Cote, PE
Public Works Director, City of Plymouth
From: Jupe Hale, PE
Date: May 1, 2012
Re: Analysis of Proposed Typical Section
Peony LaneI Lawndale Lane Extension
City of Plymouth Project No. 10015
Summary and Conclusion
At the direction of City staff, WSB & Associates analyzed the proposed typical section of the
Peony Lane/Lawndale Lane Extension, including the potential for adding on -street bicycle
facilities to the section. Vehicle factors considered as part of the analysis were capacity, safety
and design consistency. Bicycle factors considered were safety, connectivity/consistency and
benefit. It is our conclusion that a four -lane divided section without on -street bicycle facilities is
the most appropriate section for the Peony Lane/Lawndale Lane extension. It is important to
note that the conclusion regarding on -street bicycle lanes pertains to the ultimate configuration of
the roadway. Should interim construction not provide an off-street bicycle facility, the potential
for sizing the roadway shoulder for bicycle use should be considered.
Background
WSB and the City are currently in the process of finalizing the preliminary design (alternative
alignment selection) and Environmental Assessment Worksheet (EAW) for the extension of
Peony Lane from Schmidt Lake Road north to the City boundary with Maple Grove, where it is
the Lawndale Lane alignment. The City Comprehensive Plan shows the roadway as a future A -
minor arterial, which corresponds to a posted speed of 35-45 mph. Previous study for the
corridor indicated a 45 mph design speed and four -lane divided section with a multi -use trail
along the east side and a sidewalk along the west side. Figure 1 shows the originally -proposed
section graphically.
Figure 1
Minneapolis ■ St. Cloud
Equal Opportunity Employer p G
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MEMORANDUM Typical Section Analysis
Peony LanelEawndale Lane Extension, City Project 10015
May 1, 2012
Page 2
At the initiation of the study, City Council directed staff to analyze the inclusion of on -street
bicycle facilities, in accordance with the incremental approach described in the City
Transportation Plan Section C.1, "On -Street Bike Lanes for Commuters". In addition, City staff
and WSB felt that a full analysis of the typical section was warranted with respect to the
necessity and expense of a four -lane divided section.
Vehicle Capacity
The forecast volume in the City Transportation Plan for this segment of roadway is 10,400 vpd.
However, the most recent Hennepin County Transportation System Plan shows the proposed
roadway becoming a segment of a County regional connection between US 12 and I-94. In
addition, while existing volumes in the area suggest that 10,400 may be accurate, the current lack
of a convenient north -south connection and the significant quantity of undeveloped land suggest
that existing volumes may not convey an accurate picture of future volumes. For planning
purposes, 10,400 vpd is a reasonable forecast, but with potential to be somewhat larger.
Planning -level roadway capacities within the City are shown in Table 6A-4, excerpted from the
2008 City of Plymouth Transportation Plan (row numbers added to aid discussion). The
definition of capacity as shown in the table is the daily volume of traffic that can be served at an
acceptable level of service. Based on the planned land use in the area and the nature of the
connecting roadways, the Peony Lane / Lawndale Lane Extension will be an urban section, and it
is classified as an A -minor arterial. Therefore, the possibilities for the typical section are limited
to the rows numbered 1-4 in the table.
I
2
3
4
TABLE 6A-4
PLANNING -LEVEL ROADWAY CAPACITIES BY FACILITY
TYPE
The forecast volume for the Peony Lane / Lawndale Lane Extension is slightly more than a two-
lane urban roadway can accommodate. The remaining possibilities (numbers 2-4), can more
than adequately serve the forecast volumes for this corridor. Therefore, from a capacity
standpoint, the three -lane section, the four -lane undivided section and the four -lane divided
section can all accommodate the forecast volumes at an acceptable level of service.
K:1020so-oomAdmiii\D c % �['l§g` oll.&5c
Two-lane undivided urban
8,000-10,000
10,000
Two-lane undivided rural
14,000-15,000
15,000
Three -lane urban (two-lane
divided with turn lanes)
14,000-17,000
17,000
Four -lane undivided urban
18,000-22,000
22,000
Five -lane urban ({aur -lane
divided with turn lanes)
28,000-32,000
32,000
Four -lane divided rural
35,000-38,000
38,000
Four-Iane freeway
60,000-80,000
80,000
Six-Iane freeway
90,000-120,000
120,000
The forecast volume for the Peony Lane / Lawndale Lane Extension is slightly more than a two-
lane urban roadway can accommodate. The remaining possibilities (numbers 2-4), can more
than adequately serve the forecast volumes for this corridor. Therefore, from a capacity
standpoint, the three -lane section, the four -lane undivided section and the four -lane divided
section can all accommodate the forecast volumes at an acceptable level of service.
K:1020so-oomAdmiii\D c % �['l§g` oll.&5c
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MEMORANDUM Typical Section Analysis
Peony Lane/Lawndale Lane Extension, City Project 10015
May 1, 2012
Page 3
Vehicle Safety
The safety characteristics of the three cross-sections that have sufficient capacity are quite
different. The crash rates, severity rates and fatality rates for each cross-section type are
summarized in Table 1.
Table 1
Safety Characteristics of Alternative Cross -Sections
Cross Section
Crash Rate'
Severity Rate''2
Fatality Rate''Z
Three -Lane
2.8
4.0
0.0
Four -lane Undivided
5.1
7.0
1.0
Four -lane Divided
3.9
5.4
0.8
'Rates shown are per million vehicle miles
2 Severity and Fatality Rates weight the crash rate to reflect severity. These rates reflect not only frequency of
crashes, but level ofseverity in a general sense.
From a safety standpoint, the three -lane cross-section has the best safety statistics, followed by
the four -lane divided cross-section. The four -lane undivided section has much higher crash
rates, severity rates and fatality rates than either the three -lane or the four -lane divided section.
The key element that the three -lane and four -lane divided section have in common is that they
provide right -and left turn lanes to get the turning traffic out of the through traffic lanes. We
recommend that turn lanes be provided at the public intersections on Peony Lane, and that
private access points be restricted to right -in and right -out.
A hybrid possibility exists for the corridor, generally described as a four -lane undivided section,
with periodic widening for striped turn lanes at side street accesses. However, assuming that
side street access will be at approximately quarter -mile spacing, the side streets will be
approximately 1320 feet apart from each other. In order to accommodate lane shifting, turn lane
transitions, and turn lane storage lengths, total length needed to add turn lanes on both sides of a
side street access would be approximately 1000 feet, leaving approximately 300 feet of four -lane
undivided between accesses. In addition, the largely undivided nature of the hybrid approach
does not allow for restriction of private access points.
x:wzasa-aamn�tur_u��r�gi�e�-�
MEMORANDUM: Typical Section Analysis
Peony Lcane/Lawndale Lane Extension, City Project 10015
May 1, 2012
Page 4
Design Consistency
Generally -accepted roadway design practice is to
provide consistency within a corridor whenever
possible. A road is intuitively safer if the driver is not
concerned with unexpected lane merges and shifts, as
they are more able to focus on the surrounding
environment. Ideally, the typical section of the Peony
Lane/Lawndale Lane Extension would be consistent
with the roads it connects to on either end. Figure 2
depicts the existing lane configurations along the
CSAH 101/Peony Lane/Lawndale Lane/Dunkirk
Lane/Maple Grove Parkway corridor, from TH 12 in
Wayzata to I-94 in Maple Grove. Along the length of
the corridor, the section varies between four -lane
divided and four -lane undivided. There are no
segments of three -lane section, and there is one
section currently striped as a two-lane road, but
constructed to a four -lane undivided width. In
addition, the immediately connecting sections are
different: four -lane divided at the south, and (future)
four -lane undivided on the north. It is clear that a
three -lane section would be inconsistent with the rest
of the corridor. But neither the overall corridor nor
the immediate connection points give a strong
indication for a divided or undivided sections.
Bicycle Safety
Generally, principal arterials and A -minor arterials
are not identified as preferred locations for on -street
bicycle lanes, due to the higher design speeds and
intended higher vehicle capacities of these roadways.
The design speed of 45 mph for the Peony
Lane/Lawndale Lane Extension confirms this general
approach.
Bicycle Connectivity and Consistency
While an incremental approach to on -street bicycle
facilities is appropriate in the context of budgetary
constraints and convenience of construction, an
important factor to consider is whether they make
sense in the broader context of a bicycle system and
future plans. As stated previously, the City has no
formal plan for future on -street facilities, preferring to
analyze each potential construction project for
Four Lane Divided
ammmman Four Lane Undivided
"19291mr-an Future Four Lane Undivided
(Currrently Striped as Two -Lane)
Figure 2
K:wzuao-oamadmawo�� D���xu�.�
MEMORANDUM: Typical Section Analysis
Peony Lane/Lawndale Lane Extension, City Project 10015 i
May 1, 2012
Page S
potential to include them. At the south connection point, there are no existing on -street bicycle
facilities for the entire corridor, all the way down to US 12 in Wayzata. Significant portions of
the corridor are recently constructed, and there are a number of bridges and retaining wall
sections along the corridor that will restrict the ability to add width to accommodate bicycle
lanes. And last, south of TH 55, the CSAH 101 corridor is a Hennepin County designated
bikeway utilizing off-street facilities for bicycles.
Discussions with the City of Maple Grove yielded similar results: they have no formal plan, but
generally do not consider on -street facilities for principal and A -minor arterials. In addition, they
have recently constructed much of the Lawndale Lane corridor immediately north of the
connection point, and have opted to accommodate bicycles on off-street facilities on one or both
sides of the roadway.
Benefit of On -Street Bicycle Facilities
The Northwest Greenway plan indicates that a portion of the trail will parallel this extension
between Schmidt Lake Road and County Road 47, and it is anticipated that the proposed multi-
use trail on the east side will act as this segment. Since the multi -use trail is intended for
pedestrians and other non -bicycle users as well, it cannot be reasonably replaced with on -street
bicycle facilities. Therefore, the benefit of having both and on -street facility and an off-street
facility does not justify additional project cost.
Conclusion
Thefour-lane divided section is the most logical section for the Peony Lane/Lawndale Lane
Extension. The estimated traffic volumes suggest the need for a three -lane or four -lane section,
but considering the nature of the connecting roadways on either end, a four -lane section is
consistent. Safety statistics clearly demonstrate the increased accident rates of an undivided
four -lane section versus divided, and a hybrid section {undivided with turn lanes added at access
points} requires a significant amount of space to develop the turn lanes. In the end, a hybrid
section will closely resemble a four -lane divided section, except with lane shifting and an
inability to limit driveway access to right in/right out.
Bicycle facilities are recommended to be off-street. The clear decision to utilize off-street
facilities on the connecting roadways to the north and south, the proposed 45 mph design speed,
and the proposed multi -use trail along the east side as part of the Northwest Greenway are the
primary reasons for this recommendation.
[LW20fi0-WI11Admin4�n�c5AfL•R4l�iQpLCIi7 A
Memorandum
To: Doran Cote, PE
r r7
v,
Public Works Director, City of Plymouth
E
From: Jupe Hale, PE
Jack Corkle, PTP, AICP
Date: May 1, 2012
Re: Alternatives Analysis
Peony Lane /Lawndale Lane Extension
City of Plymouth Project No. 10015
Introduction
The City of Plymouth retained WSB & Associates to complete an environmental assessment
worksheet, preliminary design and final design for the extension of Peony Lane from Schmidt
Lake Road to the City's northern limits, where it connects to the existing Lawndale Lane
corridor. The purpose of this memorandum is to summarize and document the analysis of four
potential alignment alternatives.
Project Overview
His
The City of Plymouth has been planning for the eventual development of the northwestern
portion of the City for a number of years. The City's comprehensive plan has evaluated a
number of land use scenarios and transportation improvements for this area. One of the key
transportation improvements identified for the area was the northerly extension of Peony Lane to
Lawndale Lane. As the rest of the community has mostly developed, it is time for the City to
move forward with infrastructure improvements to serve the planned land uses for the area.
A number of alternatives for the extension of Peony Lane have been developed throughout the
years. Starting in 1995, the City began looking at five different alternatives. Following the
study, the City reconstructed the portion of Peony Lane between TH 55 and just north of
Schmidt Lake Road as a four -lane divided roadway with a bridge crossing the Canadian Pacific
Page 1
Page 19
ww,,-
WSB
Infrastructure a Engineering ■ Planning ■ Construction
701 Xenia Avenue South
& Associates, h,e.
Suite 300
Minneapolis, MN 55416
Tel: 763-541-4800
Fax: 763-541-1700
Memorandum
To: Doran Cote, PE
r r7
v,
Public Works Director, City of Plymouth
E
From: Jupe Hale, PE
Jack Corkle, PTP, AICP
Date: May 1, 2012
Re: Alternatives Analysis
Peony Lane /Lawndale Lane Extension
City of Plymouth Project No. 10015
Introduction
The City of Plymouth retained WSB & Associates to complete an environmental assessment
worksheet, preliminary design and final design for the extension of Peony Lane from Schmidt
Lake Road to the City's northern limits, where it connects to the existing Lawndale Lane
corridor. The purpose of this memorandum is to summarize and document the analysis of four
potential alignment alternatives.
Project Overview
His
The City of Plymouth has been planning for the eventual development of the northwestern
portion of the City for a number of years. The City's comprehensive plan has evaluated a
number of land use scenarios and transportation improvements for this area. One of the key
transportation improvements identified for the area was the northerly extension of Peony Lane to
Lawndale Lane. As the rest of the community has mostly developed, it is time for the City to
move forward with infrastructure improvements to serve the planned land uses for the area.
A number of alternatives for the extension of Peony Lane have been developed throughout the
years. Starting in 1995, the City began looking at five different alternatives. Following the
study, the City reconstructed the portion of Peony Lane between TH 55 and just north of
Schmidt Lake Road as a four -lane divided roadway with a bridge crossing the Canadian Pacific
Page 1
Page 19
MEMORANDUM Alternatives Analysis
Peony Lane/Lawndale Lane Extension, City Project 10015
May 1, 2012
Page 2
Railroad. The project stopped just north of Schmidt Lake Road because there was not demand
for the rest of the roadway at that time.
Within the last 10 years, however, there has been growth near Schmidt Lake Road and near
Lawndale Lane in the City of Maple Grove. The Maple Grove development is important
because it is where the Peony/Lawndale Lane extension will connect. The City of Maple Grove
has improved its portion of Lawndale Lane north of 63rd Avenue to a four -lane roadway width.
Maple Grove will make improvements to the area south of 63rd Avenue once the City of
Plymouth selects an alignment for its portion of Peony/Lawndale Lane.
In 2010, the City of Plymouth began the process of reevaluating the potential extension
alignments for Peony Lane north of Schmidt Lake Road. The timing for the extension has
become more important, as this is the last large portion of the City that remains available for
development. The study developed four potential alignments for the Peony Lane extension,
including one identified by residents. The analysis, completed in 2011 and documented in
Technical Memorandum dated March 15, 2011, suggested that Alignments 1 and 3 (discussed in
Section 3) would both serve the City's long-term transportation and land use needs. The study
also recommended that all four alignments should be further studied for more detailed
environmental and transportation impacts. Today, the City is completing the additional analysis
and environmental documentation.
Schedule
The current study and environmental documentation process began in February 2012, and is
expected to be completed in August 2012 with an approved Environmental Assessment
Worksheet (EAV). The City also intends to complete final design for an interim roadway
connection, anticipated to culminate in approved plans and specifications by the end of 2012.
The current City Capital Improvement Plan (CIP) shows a 2014 construction year for the interim
connection, with right-of-way acquisition anticipated to possibly occur as early as 2013.
Funding
Funding for the project is unknown at this time, and is listed as "Other" in the CIP. This allows
for the City to potentially utilize a number of options to fund the project. One option would
include using municipal state aid dollars (MSAS). MSAS funds come from the state and are
used on roadways identified by the City as part of their state. aid network. Another option could
include funding from Hennepin County. This option would be contingent upon Hennepin
County taking jurisdiction of Peony/Lawndale Lane, and would likely include the City assuming
jurisdiction over existing CSAH 101 north of TH 55 as well as CR 47. Another option could
involve assessments to property owners; however the CIP does not indicate funding via
assessments at this time.
AIignment AIternatives
As noted in the Project Overview, four alignments were reviewed. These alignments are shown
in Figure 1, and are the same alignments that were developed as part of the 2010 study. All four
alternatives assume a 45 mph design, an ultimate four -lane divided section, and a 120 -foot right
of way footprint. Accommodations for pedestrians and bicyclists (trail for ultimate build) were
Page 2
Page 20
MEMORANDUM Alternatives Analysis
Peony Lane/Lawndale Lane Extension, City Project 10015
May 1, 2012
Page 3
assumed to be off-road for all four alternatives, as determined in the 2011 Technical
Memorandum. A separate memorandum will document the ultimate roadway cross section
(number of travel lanes, turn lanes, shoulders, trail, boulevard, etc.).
Alignment 1: Alignment 1 is 1.54 miles long, and was originally developed with the concept of
avoiding both significant wetland and floodplain impacts while preserving as much of the City -
owned open space parcel as possible. It is shown in blue in Figure 1. Alignment 1 extends
north of 54th Avenue on a corridor that is just west of the turn onto 54th Avenue. It continues
northward for approximately 0.68 miles where it turns to the east/northeast. It continues in this
direction until it curves slightly to connect into existing Lawndale Lane.
Alignment 2: Alignment 2, shown in red, is the most westerly alignment. Alignment 2 is 1.54
miles long, and was proposed on the premise of minimizing the wetland, floodplain and open
space impacts to the greatest extent possible. Alignment 2 extends north of 54th Avenue on a
corridor that is just west of the turn onto 54th Avenue. It continues northward for approximately
0.85 miles, where it turns to the east/northeast. Just south of County Road 47 (Hackamore Rd)
the alignment begins to straighten out. It intersects CR 47 at a skew just north of existing
Lawndale Lane and then transitions onto Lawndale Lane.
Alignment 3: Alignment 3 is 1.52 miles long, and is shown in purple. This is a slight
modification to Alternative 1, with the idea of avoiding a total acquisition/relocation and
reducing the remnant private parcels by slightly increasing the impact to the open space parcel.
Alignment 3 extends north of 54th Avenue at about where 54th Avenue curves off of Peony
Lane. It continues northward for approximately 0.58 miles where it turns to the east/northeast.
It continues in this direction until it curves slightly to connect into existing Lawndale Lane.
Alignment 4: Alignment 4, 1.47 miles long and shown in goldenrod, is the most easterly
alignment. It was developed at the request of residents in order to more closely follow the
existing Metropolitan Council trunk sewer line easement and the future Northwest Greeenway
north of 54th Avenue, and minimize impacts to the private parcels. It holds a more northerly line
from Peony Lane, then turns northeast more immediately before achieving the Lawndale Lane
alignment, where it turns northward again.
Page 3
Page 21
Peony Lane 1 Lawndale Lane Extension
City of Plymouth, Minnesota
Figure 1
Alternative AlWpppents
MEMORANDUM Alternatives Analysis
Peony LanelLawndale Lane Extension, City Project 10015
May 1, 2012
Page 4
Alternative Analysis Overview
The alignments were evaluated against criteria in four areas: transportation, land use,
environmental and preliminary costs. The details of the analysis in each area are discussed in the
subsequent sections. The results are summarized for comparative purposes in Table 1, which is
included near the end of the Memorandum in the Conclusions section.
Transportation Factors
Four different factors were used to evaluate the alignments in terms of transportation function.
The factors included the length of the route and its associated travel time, access spacing,
intersection geometries and multimodal connections.
A. Travel Time
Roadway length influences how long it takes drivers to get from one location to another.
Roadways with a number of curves and shifts in alignment will take longer to drive than
roadways that are straighter. Longer travel times may discourage people from taking the
preferred route and may encourage them to go through a local neighborhood instead. This
can negatively impact quality of life and safety for residents. To see if there were any
significant differences between the alignments, travel times were calculated. Travel times
assume a posted speed of 45 miles per hour.
■ Alignment 1: 1.54 miles of road with a travel time of 2.05 minutes
■ Alignment 2: 1.54 miles of road with a travel time of 2.05 minutes
■ Alignment 3: 1.52 miles of road with a travel time of 2.03 minutes
■ Alignment 4: 1.47 miles of road with a travel time of 1.96 minutes
As shown above, the routes have similar travel times. The differences in route length are not
anticipated to result in any diversions or cut -through traffic once development has taken
place.
B. Access
The amount of access on a corridor influences both mobility and safety. Generally, corridors
with more access have less mobility and are more likely to have higher crash rates. As a
minor arterial, Peony Lane has to balance mobility and safety concerns with other demands
on the corridor such as access.
Public Streets
The City has established quarter mile spacing for public street intersections and desires to
limit direct driveway access to the extent possible. Figures 2-1 through 2-4 show existing
public street and private driveway access locations relative to each alternative.
In terms of existing public street access, all of the alignments would allow access at 54th
Avenue and at CR 74 (Hackamore Road). Both of these access locations are consistent with
the quarter mile spacing and would allow for adequately -spaced additional public street
access locations in the future.
Page 4
Page 23
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MEMORUNDW- ,4lternatives.4nalysis
Peony Lane/Lawndale Lane Extension, City Project 10015 �
May 1, 2012
Page S
Private Driveways
In terms of private driveways, there are four driveways serving residential uses on the paved
portion of Lawndale Lane north of CR 47. South of CR 47, on the unpaved portion of
Lawndale Lane, there are nine driveways. The driveways are inconsistent with City goals of
limiting private driveway access.
None of the alignments remove the private driveway access north of CR 47. The only option
to address the driveway access north of CR 47 would be to construct a frontage road along
the east side of Lawndale Lane. The homes north of CR 47 are set back far enough away
from Lawndale Lane that a frontage road could fit. A single access point could be provided
for all of these homes at the very north end of the project limits. This option would be
feasible with any of the alternatives. It would require coordination with the City of Maple
Grove and it would result in additional right of way acquisition and construction costs. The
benefits of constructing a frontage road in this location are not likely to outweigh the costs at
this time.
South of CR 47, options are more limited. As the designs are currently proposed, there is no
room for a frontage road between the homes and Alignments 1, 3 and 4. As a result, the
existing driveways would remain in place until such time as redevelopment occurs.
Alternately, Alignments 1, 3 and 4 could be shifted slightly to the west to allow for
construction of a frontage road. Shifting the alignment to the west south of CR 47 would
also require the intersection with CR 47 to shift west and a portion of Lawndale Lane north
of CR 47 to shift west. This, in turn, would require lengthening of driveways, purchasing
additional right of way and increasing construction costs.
Alignment 2 is far enough away from the driveways south of CR 47 that a frontage road is
required to be constructed and connected to the new Peony Lane, as shown in Figure 2-2.
Under this alignment, all nine of the driveways south of CR 47 would have their direct access
removed from the Peony Lane corridor.
Alignment 2 provides the best opportunity to remove driveway access from the corridor with
the project. However, given the potential for redevelopment in the area, it is likely that at
least some of the driveways south of CR 47 could be removed from the corridor in the future.
Removal of these driveways would benefit Alignments 1, 3 and 4.
Driveway Circuity
The existing parcels with driveways currently in the project area need to be served by the
proposed alignment. Alignments 1, 3 and 4 would provide easy access for existing
driveways and would require limited circuity for drivers trying to get to properties along the
east side of the roadway. Alignment 2 requires the construction of a frontage road to get the
driveways from existing Lawndale Lane south of CR 47 to the new Peony Lane alignment, as
depicted in Figure 2-2. To be consistent with public street spacing, the frontage road should
be connected to Peony Lane a quarter of a mile south of CR 47. This connection would
require some property owners to backtrack over a half a mile to get to their destinations.
Alignment 2 is less desirable than Alignments 1, 3 and 4 for driveway circuity.
Page 5
Page 28
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0-4
MEMORANDUM.• Alternatives Analysis
Peony Lane/Lawndale Lane Extension, City Project 10015
May 1, 2012
Page 6
C. Intersection Geometries
Intersections that have a 90 degree approach angle (two roadways intersecting
perpendicularly) are more desirable than intersections that are constructed at a skew. Skewed
intersections, especially if there are topographical differences at the approaches, make it
difficult for motorists approaching the intersection to see other motorists in the area. This
situation is more likely to result in a crash. This situation is especially true if the intersection
is not signalized. As shown in Figures 2-1 through 2-4, Alignments 1, 3 and 4 have a 90
degree approach at the proposed Peony Lane and CR 47. Alignment 2 is skewed; it has a 70
degree approach. Alignments 1, 3 and 4 are preferred to Alignment 2 in this regard.
D. Multimodal Provisions
Provisions for a variety of transportation users are desired. Pedestrians and bicyclists are
users of the transportation network and are included in all of the alignments.
Accommodations include construction of a trail and/or bike lane. In addition, opportunities
to incorporate of transit facilities within the corridor are neither aided nor hindered with
alternative versus another.
Land Use
A number of land use factors were considered as part of this analysis. Impacts associated with
right of way, open space and historic resources were noted. In addition, because the City has
invested a significant amount of time and resources in planning for future land uses as part of its
comprehensive plan, the analysis looked at the ability of an alignment to serve long-term land
use needs. This analysis took into consideration amount of developable land and the size and
shape of remnant pieces. Alignments were also compared in terms of their impacts to regional
utility lines. These areas are discussed in the sections below.
A. Right of Way and Temporary Easements Private Property
Because the Peony Lane extension is on a new alignment and the City does not own all of the
property necessary to construct the roadway, property will need to be acquired. When
feasible, agencies generally attempt to limit the amount of right of way needed and try to
minimize the number of property owners that are impacted. Additionally, agencies attempt
to minimize the number of properties that require the relocation of the property owner. To
better understand the impacts associated with right of way acquisition, the alternatives were
evaluated based on the number of privately held parcels impacted (City -owned land is
discussed later) and the number of total acquisitions needed to construct the alignment. A
similar analysis was completed for temporary easements.
Alignment 1: Total takes: 2; Right of way: 8 parcels; Temporary easements:
16 parcels
Page 6
Page 29
MEMORANDUM Alternatives Analysis
Peony Lane/Lawndale Lane Extension, City Project 10015 A
May 1, 2012
Page 7
Alignment 2: Total takes: 1; Right of way: 10 parcels; Temporary easements:
13 parcels
Alignment 3: Total takes: 1; Right of way: 6 parcels; Temporary easements:
17 parcels
Alignment 4: Total takes: 1; Right of way: 4 parcels; Temporary easements:
15 parcels
These impacts are depicted in detail on Figures 2-1 through 2-4. In terms of right of way
from privately -held properties, Alignment 2 impacts the most parcels and Alignment 4
impacts the fewest. All alignments will require living structure removal and therefore total
acquisition of the property on the northwest corner of Lawndale Lane and CR 47. However,
Alignment 1 will result in removal of an additional home and thus a second total acquisition.
B. City -Owned Property Impacts
As shown in Figures 2-1 through 2-4, the City of Plymouth owns a significant amount of
property in the project area. Much of this land has been identified as open space in the City's
comprehensive plan. Generally, agencies avoid impacts to identified park and/or open space
sites. However, in this case, there is strong logic for coordinating roadway improvements
with the land owned by the City. Concepts have been developed for portions of the land in
the study area for more active uses that would require parking to access future park facilities
and the proposed Northwest Greenway. A roadway that serves the planned City facilities
(even if it uses land that these facilities may be located on) is not inconsistent with the long-
term plans for the land identified as open space. Alternatives that are harmonious with future
park development also provide an opportunity to save money on right of way acquisition by
using land that is already under City ownership.
All of the potential alignments impact the City -owned parcels.
■ Alignment 1: 2.8 acres
■ Alignment 2: 2.0 acres
■ Alignment 3: 8.3 acres
■ Alignment 4: 10.0 acres
Impacts for Alignments 1 and 2 are similar. They have the fewest impacts to City -owned
property. They also have more challenges in providing an access to serve the future park
land north of 54th Avenue, based on where the alignment abuts park property that would be
suitable for an entrance (area without wetland impacts). Alignment 3 impacts 7.8 acres of
City -owned land and provides a couple of locations that could serve as an entrance to the
land north of 54th Avenue. Alignment 4 impacts a little over 10 acres and provides some
opportunity for access to the parcel of land north of 54th Avenue.
C. Ogen Space/Future Park Usability
In 2007, the City of Plymouth purchased land to create a trailhead for its proposed Northwest
Greenway and other recreational purposes. The property was purchased with the
Page 7
Page 30
MEMORANDUM Alternatives Analysis
Peony Lane/Lawndale bane Extension, City Project 10015
May I, 2012
Page 8
understanding that a future Peony Lane connection would be needed and that the
undeveloped land could be impacted by the roadway. Although impacts to the open space
were anticipated, it was not known at the time of the purchase how the property would be
impacted. In addition, the City did not know how usable the remaining parcel of land would
be once the roadway alignment cut through the property.
Figures 2-1 through 2-4 show the land designated as Open Space in the City's
comprehensive plan. As shown in the figures, the southern portion of open space is similarly
impacted by all of the potential alignments. The existing roadway bisects this property and
requires two ponds for future roadway expansion regardless of the alignment selected. There
are, however, differences between the alignments north of 54th Avenue.
Alignment 1 clips the westernmost portion of the property as it begins to bend
towards Lawndale Lane. A majority of the open space land is still available for
future park development. Additionally, all of the impacts are on one side of the
alignment so there are no odd remnant pieces along the corridor. Access to the
piece of land north of 54th Avenue is somewhat limited with this alignment.
= Alignment 2 has very little impact to the northern portion of the property.
However, there is not good access to the site north of 54th Avenue without
purchasing additional property.
Alignment 3 cuts the property north of 54th Avenue in a diagonal as it bends
towards Lawndale Lane. It also requires placing a pond on the property. The
pond may be suited for the more western side, with the more eastern side
remaining for park development.
Alignment 4 impacts the property in a diagonal as it bends towards Lawndale
Lane. It also requires ponds to be located on the open space property. This
alignment makes using the open space land challenging. The Northwest
Greenway has been identified for the east side of the corridor. This situation
would require people to park on the west side of the corridor, cross the roadway
and then access the greenway on the east side. Essentially, the future park uses
get split by the proposed alignment.
D. Historic Resources
The State Historic Preservation Office (SHPO) identifies resources that have the potential to
tell part of the state's history. SHPO reviews projects initiated by local governments to
determine if historic or potentially historic properties are impacted by the proposed project.
Agencies initiating projects where historic or potentially historic properties are located are
required to understand and document the resource. Agencies may also be required to avoid
or minimize impacts to the historic resource (if other alternatives exist) as part of the federal
permitting process required for wetland impacts. To better understand historic resources
within the project area, SHPO was contacted. SHPO identified two potential resources
within the project area, These resources are shown in Figures 2-1 through 2-4. The first
Page 8
Page 31
.�,
Vvr
MEMORANDUM. Alternatives Analysis
Peony LaneAawndnle Lane Extension, City Project IOOIS
t
May 1, 2012
Page 9
site is located adjacent to the City -owned property north of 54th Avenue. The second site is
located on the west side of Lawndale Lane just north of CR 47.
■ Alternative 1. impacts both sites
■ Alternative 2: impacts one site
■ Alternative 3: impacts one site or both sites (additional information is needed to
make final determination)
■ Alternative 4: impacts one site
Additional analysis will be completed to determine impacts to the properties.
E. Comprehensive Plan Consistency --- Ability to Serve Future Land Use
The City has spent a number of years planning for this part of the community. Property
owners in the project area are aware of these plans and are preparing for the eventual changes
in land use that will occur. Alignments that limit the City's ability to implement its long-
term plans and which limit property owners and their opportunities to develop property are
not as desirable. Figures 2-1 through 2-4 show the four alignments and their impacts to the
different parcels in the project area.
Alignments 1 and 3 have similar impacts in terms of the ability to advance land
use according to future plans. Both alternatives have limited impacts to the larger
parcels, yet are close enough to these areas to provide a useful transportation
connection. Alignment 3 leaves more land available for future growth due to its
location on City -owned property. As a result, it was rated better in terms of its
ability to serve planned land use.
Alignment 2 bisects two of the larger parcels in the project area. This creates
odd -shaped parcels which are more difficult to develop. This alternative also
creates a few odd remnant parcels that would not be usable as part of a larger land
use package. These parcels are located west of the park property, north of 56th
Avenue.
■ Alignment 4 is located farthest to the east. It will be difficult for future land uses
to connect into this alignment, especially in areas located near the City -owned
open space/future park area.
F. Regional Facility Impacts
The Metropolitan Council has a major sewer line (MCES Interceptor) that runs through the
project area. Alternatives that cross the line multiple times are less desirable than
alternatives that minimize crossing due to design and cost consideration issues.
■ Alternatives 1, 2 and 3 have fewer crossings than Alternative 4
Page 9
Page 32
MEMORANDUM Alternatives Analysis
Peony Lane/Lalvndale Lane Extension, City Project 10015
May 1, 2012
Page 10
Environmental
Elm Creek is a major resource in the study area along with its associated wetlands and
floodplain. All of the alignments will impact the creek, wetlands and floodplain within the
project area; no alignment can avoid these resources altogether. In addition to these impacts,
there is also a native plant area within the project limits that will be impacted by whichever
alignment is chosen. The sections below identify the impacts associated with each resource.
A. Elm Creek Crossings and Tributary Diversion
As indicated above, Elm Creek is an important resource in the project area. All of the
alignments require crossing the creek at its current location just north of Wayzata High
School. In addition, two of the alignments require diverting a tributary to the creek further
to the north by the City -owned property. Alignment 3 requires 200 feet of diversion and
Alignment 4 requires approximately 400 feet of diversion, as shown in Figures 3-1 through
3-4. Alignment 1 requires the partial filling of an open water body that is man-made. All of
the alignments will require a box culvert under the road to maintain water flow to the creek
and wetlands in the area. Any of the alignments are allowable under environmental review.
B. Wetlands
There are several wetlands within the project area. All of the alternatives have some wetland
impacts. Wetland impacts by alignment are depicted in Figures 3-1 through 3-4 and listed
below.
■ Alignment 1: 3.2 acres of wetland impact
■ Alignment 2: 2.9 acres of wetland impact
■ Alignment 3: 3.6 acres of wetland impact
■ Alignment 4: 7.0 acres of wetland impact
Alignment 4 has the greatest impacts with Alignment 2 having the fewest. Alignments 1 and
3 have similar impacts.
C. Floodplain
Portions of the project area are within the 100 -year floodplain of Elm Creek. All of the
alignments will have some impact to the floodplain. Floodplain impacts by alignment are
listed below.
■ Alignment 1:
2.8 acres of floodplain impact
■ Alignment 2:
2.8 acres of floodplain impact
■ Alignment 3:
3.9 acres of floodplain impact
■ Alignment 4:
8.1 acres of floodplain impact
Similar to the wetland analysis, Alignment 4 has the greatest impacts to the floodplain.
Alignment 3 has the second most impact, and Alignments 1 and 2 have the least. Figures 3-
1 through 3-4 show floodplain impacts.
Page 10
Page 33
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MEMORANDUM.• Alternatives Analysis
Peony Lane/Lawndale Lane Extension, City Project 10015
May 1, 2012
Page 11
D. Threatened and Endangered Species
In addition to the wetland and floodplain resources in the project area, this study evaluated
the potential to impact threatened and endangered species. It was determined that no
threatened and endangered species were located within one mile of the potential alignments.
Outside the one -mile buffer, habitat for the Blanding's Turtle was identified. Special notices
will be prepared for construction making contractors aware of potential turtles in the vicinity.
These notices will be necessary regardless of the alignment chosen.
E. Native Plant Community
While there were no identified impacts to threatened and endangered species within the
project area, there are three native plant communities in the area (Maple -Basswood Forest,
Lowland Hardwood Forest, and Oak Forest) identified by both the Minnesota County
Biological Survey and the Regionally Significant Ecological Area database. All three of
these plant communities are located in the wooded area immediately west of Peony Lane and
north of Wayzata High School. Of these native plant communities, only the Lowland
Hardwood Forest will be impacted by the proposed project. Due to the construction of
detention ponds for the school site, there is very little treed area that would be impacted by
the project. Because all of the alignment alternatives are the same in this area, there is no
difference in impacts. Approximate impact for all of the alignments is 0.4 acres. Figures 3-
1 through 3-4 show the location of the native plant community.
Costs
Two separate costs were calculated for the potential alignments - one for roadway and utility
construction, and one for right-of-way. The costs have been calculated on a planning -level basis
and will be more refined once more knowledge is gained. The intent is to identify critical
features that may separate (in terms of magnitude) the alignments from one another.
A. Right of Way and Temporary Easements
Right of way costs were calculated using a per square foot cost on parcels requiring only
partial acquisition. An identical rate of $2.50 per square foot was used for all parcels. Costs
for temporary easements were calculated at 9 percent of right of way costs, assuming a one-
year time period. For properties where the entire parcel was impacted as a result of the
alignment, a total property cost was used instead of a per square foot calculation.
The following assumptions were used in determining costs:
N $2.50 per square foot of right of way impact.
■ $0.23 per square foot for temporary easement impact.
■ 1.5 times the assessed property value for total takes.
■ Remnant parcels severed from the primary parcel that may need to be purchased
beyond the roadway right-of-way were included in cost calculations.
■ Costs were not included for City -owned property.
■ Costs for Alignment 2 include right-of-way needed for a frontage road as well as
park access road.
Page 11
Page 38
MEMORANDUM. Alternatives Analysis
Peony Lane/Lawndale Lane Extension, City Project 10015
May 1, 2012
Page 12
Alternative Alignment Costs
■ Alignment 1: $2,903,400
■ Alignment 2: $4,256,200
■ Alignment 3: $1,988,400
■ Alignment 4: $1,308,200
B. Construction
Construction costs were calculated using an alignment -specific cost for the roadway, and
include costs for storm water ponds and wetland mitigation (assumes construction of on-site
mitigation at a 2:1 ratio). Construction costs for Alignment 2 include a frontage road to
access existing driveways near CR 47. A 10 percent contingency was added to preliminary
construction costs. Construction costs shown below and in Table 1 do not include
engineering, administration and legal expenses.
■ Alignment 1:
$8,971,900
• Alignment 2:
$9,144,900
■ Alignment 3:
$8,991,400
• Alignment 4:
$10,678,800
Conclusions
The summary matrix (Table 1) shown on the following page combines and compares the
impacts associated with transportation, land use, the natural environment and costs for each
alignment. As previously described, there are positives and negatives associated with every
alignment. However, Alignments 2 and 4 have significant negative impacts, particularly relative
to the other alignments, that suggest they should be eliminated from further consideration.
Alternatives 1 and 3 emerge as the alignments that best meet the variety of needs of the corridor.
Although Alignment 2 has the fewest natural resource impacts, it is the only alignment that
creates a known safety issue by intersecting CR 47 at a 70 -degree skew. In addition, Alignment
2 requires additional right -of --way and roadway construction in order to build a frontage road to
serve parcels located south of CR 47 along Lawndale Lane, which results not only in higher
property impacts and cost, but in a more circuitous access for the property owners. And last,
Alignment 2 impacts the most private properties and bisects one of the largest developable
properties in the study area, resulting in increased difficulty for future development and creation
of unusable remnant pieces. For these reasons, Alternative 2 should be eliminated from
consideration.
Alignment 4, the easternmost alignment, should also be eliminated for several reasons. First, it
has the most impacts to natural resources in the project area. This alignment has the most
impacts to wetlands and floodplain surrounding Elm Creek. Resource agencies reviewing
environmental impacts associated with the various alignments will note that there are alternatives
that have significantly less impacts on natural resources and still meet the needs associated with
the roadway extension and future land use considerations. Second, Alignment 4 has higher
Page 12
Page 39
ad
MEMORANDUM Alternatives Analysis
Peony LanelLawndale Lane Extension, City Project 10015
May 1, 2012
Page 13
construction costs associated with filling in wetlands and impacting poor soils. Third, Alignment
4 has some impacts on the ability to serve future land uses. Although it impacts the fewest
parcels and leaves less unusable remnant, the future access is problematic in that adequate
spacing forces one access to be within the City -owned park parcel, and one to be within a
delineated wetland. When access is considered, it is actually more difficult to serve future
growth in areas west of the alignment with this alternative compared to Alignments 1 and 3.
Last, Alignment 4 also has the most crossings of the MCES interceptor line, which will likely
result in some areas of reconstructed sewer pipe due to excessive change in grade , as well as
susceptibility to higher maintenance costs over the long term.
Alignments 1 and 3 are more desirable than Alignments 2 and 4. They have similar impacts for
a number of evaluation factors; however, Alignment 3 best meets the City's needs because: it
has fewer impacts (right of way acquisition and temporary easements) to private property; it
requires fewer relocations; it is slightly better for future land use opportunities and it is less
expensive due to lower right of way costs. Although Alignment 3 has more impacts to wetlands
and floodplains than Alignment 1, the differences between the two alternatives are not
substantial.
Page 13
Page 40
Table 1: Peony Lane Alternatives Analysis
Impact/Issue
Alignment 1
Alignment 2
Alignment 3
Alignment 4
Transportation
Travel Time
2.05 minutes
2.05 minutes
2.03 minutes
1.96 minutes
Access — Public Streets (quarter mile spacing)
Meets goal
Meets goal
Meets goal
Meets goal
Access — Private Driveways (number of driveways)
13
4
13
13
Access — Driveway Circuity
Good
Poor
Good
Good
Intersection Geometrics — CR 47
90 degree angle, good geometrics
70 degree angle, poor geometrics
90 degree angle, good geometrics
90 degree angle, good geometrics
Multimodal Provisions
Provided
Provided
Provided
Provided
Land Use
Number of privately owned impacted parcels (right of way)
8
10
6
4
Number of privately owned impacted parcels (temporary easement)
16
13
17
15
Parcels with structures — require relocation
2
1
1
1
City -owned property impacted (acres)
2.8
2.1
8.3
10.0
Open space/future park— usability
Good
Fair
Fair
Poor
Comprehensive plan consistency—ability to serve future land use
Fair
Poor
Good
Good
Historic resources
2 properties impacted
1 property impacted
1 property, maybe 2
1 property impacted
Regional facility impacts (MCES line)
Same number of crossings
Same number of crossings
Same number of crossings
Additional crossings
Environmental
Elm Creek diversion
Filling of man-made water body
None
200 feet
400 feet
Wetlands (ac)
3.2
2.9
3.6
7.0
100 -year floodplain impacts (ac)
2.8
2.8
3.9
8.1
Threatened and endangered species
None
None
None
None
Native plant communities
0.4
0.4
0.4
0.4
Preliminary Costs
Right of way costs lii
$2,903,400
$4,256,200
$1,988,400
$1,308,200
Construction costs Iz)
$8,971,900
$9,144,900
$8,991,400
$10,678,800
Total costs
$11,875,300
$13,401,100
$10,980,800
$11,987,00
(1) Right of way costs are based on a $2.50 per square foot value. Remnant parcels are included as permanent taking. Total takings used the assessed value of the entire parcel and multiplied it by a factor of 1.5.
(2) A 10 percent contingency was added to preliminary construction costs. Construction costs do not include: engineering, administration and legal expenses. Wetland mitigation costs are included.
Page 14
Page 41
April 24, 2012
Doran Cote
City of Plymouth
3400 Plymouth Blvd
Plymouth, MN 55447
Dear Mr•. Cote:
This letter summarizes the results of the Board of Water & Soil Resources (BWSR) "spot check" of the
City of Plymouth's Administration of the Wetland Conservation Act (WCA).
Purpose of Spot Checks
BWSR conducts spot checks as part of our oversight responsibilities for administration of the Wetland
Conseivation Act (WCA). The spot checks provide a relatively fast and efficient way to evaluate WCA
administration by local governments as compared to a full audit. These spot checks are not intended to
criticize or admonish local government units. They are intended to identify oversights and errors in the
administration of WCA, and most importantly to offer advice and guidance for improving WCA
administration in the future.
Methods
Our spot check of Plymouth involved a meeting on 2/23112 with the City staff Derek Asche. The first
part of the spot check included a question and answer session on general WCA administration. Topics
such as the process that the City utilizes for applications and decisions, TEP involvement, and staff
roles were reviewed. The second part involved reviewing specific project files that involved WCA
decisions and determinations.
Results
The results of the spot check are based on reviews of specific files that we were provided and answers
provided by the City's staff. If any of the reported results are ir3 error, the City may provide us with the
information we either missed or were not given access to and we would then modify this report
accordingly. The following is a bullet -point list of general information related to the City of Plymouth's
administration of WCA:
• City adopted WCA in 1993 have resolution
• The City needs a resolution to delegate authority for staff decisions.
• LGU's record retention is good, everything is kept indefinitely on the City's intranet.
• Staff makes decisions on exemptions, boundary/type and no -loss applications, all other
(ir'1171i1Ji r"7r!!J" pillfid, Fe'gmv Fr#1 !1:-hirSAII A'ni, I_I/11f frrlrt
701 Iblinnesoo Avenue 1601 A4irtuesom Drive 394 S. lake Avenue 10(4 Frostier Trail 1400 E. Lynn Street 261 lriehway 0 S- 23(1) Silver Creek 520 Lafayette Road N.
Suite 234 Brainerd, MN 56401 Room 403 Fergus Fulls. 41N 56537 Sox 247 New Ulm, 411s 56073 Road 'r'.L. Saint Paul, VIN 55155
Bemidji, MN 56NJI phone (218) 828-2383 Dnluds, MN 551102 phone (218) 736-1,1,15 Marshall, 43N 56258 phone (507) 359-h974 Rochester, 1v1N 5)5406 pli me 1651) 296-3767,
phone 5)218) 755.4235 fax (-l8) 828.6034 01011C (218) 723-4752 rax (219) 7 36-72 19 phone (307) 537.60(1(] fax (507) 359-6018 Phone (507) 281-7797 fax 16511 297-5615
fax (2181755-1201 fax Q N) 7231794 fax (507) 537-6368 fax (5471255.7144
%Val): .l,T:Y, (800) 027-3529 An ey€ral opptrrtunily el€Ipiuyer Or'ranic€I € I rl:c,'[led p.,Rage 42
decisions go to the City Council.
• The SWCD is usually involved, there may not be a TEP for all applications.
• Derek Asche is the City's representative, he regularly attends WCA administrative and
is a certified wetland delineator.
• All exemption/no-loss, boundary/type determinations are formally noticed with the
TEP.
• The TEP looks at all monitoring reports.
• The City approves surety release and City Council approves the bill
• The local appeal process is that all appeals on staff decisions go to the City Council.
• The City also requires that all delineations submitted to the City be completed by a
certified wetland delineator.
Specific file reviews (underlined items are deficiencies identified in the file):
Wetland delineations/determinations:
• Brady O'Brian
• Received report 9-26-11. Date approved 10-21-11.
• Complete report was in the file.
• Notice of Application properly sent out.
• No TEP meeting held to review delineation.
• The notice of decision was properly sent out.
• Decision was made within timeline.
to There is location map and map of approved delineation within notice.
• Craig MacBean
• Received report 1-19-12. Not approved yet
• Complete report was in the file.
• Notice of Application properly sent out.
• Reviewed only by LGU.
• Delineation still under review.
• LGU received no comments from TEP, notice of decision will be sent out soon.
1)'clt: svnss,biGcr.st.tle.tl7n.us i-ry: (800) 027-3529 An equal opportunity employer ®Printed (in rre)-dW ppage 43
Exemption/No-lass Determinations:
• Wayzata Evangelical
to
Received report 7-19-11. Approved 8-12-11.
•
No delineation necessary.
•
Complete report was in the file.
•
Application was properly noticed.
•
No TEP meeting was held.
•
Decision was made within the required timeline.
•
Notice of Decision was properly noticed.
f'+r'rrtn�ji
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701 4linuesnta Avenue
1011 Minnesota Drive
194 S. take Avenue 1004 Frontier Trail [4(10 C. Lynn Street "til Iliellteay 15 S-
2301) Silver Creek 320 Lafapeue Road N.
Suite 234
Brainerd. MN 56401
R(Kirn 403 Fergus Frills. h#N 56537 Box 267 New Ulm, Mlv 56073
Road :r'-1=- Saint Paul. MN 55155
Bemidji, MN 56601
phon¢ (218) 828-2383
Duluth, MM 55802 phone (218) 736-5445 MarShan, MN 56258 Phnne (5071 :159-6074
Rnellemer, 4iN 559(16 p[tone (651) 296-3767
phone (215) 755-4235
fax (218) 829.6036
Plaine (218) 723-;752 Fax (219) 736.71.15 phone (.507) 537,6060 fax 1507) 359-6018
Plane (5071281-7797 fax (651) 297-5615
fax (218) 7554201
Fax ('1 18) 7234794 fax (507) 537-6368
fax (507) 2K<-7144
1)'clt: svnss,biGcr.st.tle.tl7n.us i-ry: (800) 027-3529 An equal opportunity employer ®Printed (in rre)-dW ppage 43
• Valley Forge
• Received report 1-14-11. Approved 1-14-11.
• No delineation necessary.
• No application on file.
• Notice of Decision was properly noticed, this was used also as the application.
• TEP comments were considered.
• Used appeal window as the comment period.
Replacement Plan Determinations:
• Peony Lane North
• Received application 8-24-09, approved 10-13-09.
• Complete application in file;
• Delineation reviewed and approved 9-20-09.
• Properly noticed to TEP.
• There was TEP meeting and recommendations documented in file;
• The notice of decision was properly noticed.
• Decision made within the proper timeframe.
• The location map and map of delineation within notice,
i • Wood Crest
• Received application 5-28-08, approved 7-22-08.
• Complete application in file;
• Delineation reviewed and approved 5-9-08.
• Proper notice of application sent to TEP.
• No TEP meeting held and but recommendations were documented in file,
• No notice of decision was sent out.
• Decision was made within the proper timeframe.
Wetland Monitoring Determinations
• Wood Crest
• There is no documentation of declaration of restrictions and covenants in file.
• There are as-builts within file.
• No TEP involvement to date.
• Three years of monitoring, not completed yet.
• Acrylic Design
• There is documentation of declaration of restrictions and covenants in file.
• There are as-builts within file.
• Monitoring report is complete.
• TEP has been involved to date.
• Sign off is projected to be in 2012.
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Room 403
Fergus Falls. MN 56537
Box 267
New Ulm, MN 56073
Road N.C.
Saint Paul, MN 55155
Bemidji, €4iN 56601
phone (218) 828-2393
Aoluth. l+1N 55802
phanc (?181716-5445
Marshall, NIN 56258
phone (547) :559-6074
Rochester, h1,N 5590h
11mgc (651) 29f?.3767
Phone (2181755-4235
rax (218) 8?8.6036
phone (218) 721-4752
fax (1-18) 736.7315
phom (507) 537,60
fax (KI7) 359-6018
Phune (5071281-7797
fax 1651) 297-5615
fax (218) 755-1201
fax t218) 723-1794
fax (507) 537-6368
fax (5071285.7144
Web: ++++++.hlitr,st.t[C.ittl].11S TTY; (800) 627-3439 An equal opportunil} enlploper ® Prinlcd on recycled p fa ge 44
Recommendations for Improvement
1. The City needs to pass a resolution delegating staff to make decisions on applications.
2. The City needs to continue that proper noticing of applications and decisions are sent
to the TEP.
3. The City needs to follow up with recording Declaration of Restrictions and Covenants
on the replacement sites in the City
Summary
Overall, the City appears to be handling WCA administration in a diligent and appropriate manner.
BWSR thanks you for your cooperation in this spot check and looks forward to working with you in
the future to effectively implement the WCA. Please contact me (612-201-9806) if you have any
questions or concerns.
Sincerely,
It," 0-4 ---
Lynda Peterson
Wetland Specialist
MN Board of Water & Soil Resources
Saint Paul, MN
Cc:
Stacey Lijewski, Hennepin Conservation District
Jim Haertel, BWSR Metro Supervisor
Derek Asche, City of Plymouth
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394 S. Lake Avenue
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1400 E. Lynn S€reel
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2300 Silver Creek
520 Laliivene Road N.
Suite 7.34
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Room 403
Fergus FnN, NiN 56537
Box 267
New Ulm, MIN 56073
Road N,E-
Saint NO. NMN 55155
Bemidji, XIN 56601
phone 4.2181824-2383
Dululh. MN 55802
plimic (219) 73(5-5445
Nfarshall, MN 56258
phone (5071'459-x1074
Rtwliecter. MN 55906
pl one [bill 2` 6.3767
phone (218) 7554235
fax (2114) 528-6036
phone (2181723-4752
Fix (21$)736.7215
phone (507) 537.6060
Fix (507) 359-6018
Phone (5071231-7797
fax (6511'97-5615
fax (218175547-01
fax (2 18) 7234794
fax (507) 537-6368
fax (507) 285.7144
Web-- tP1L`14'.1?15'SC.S€E1[i-11711.11
TTY: (800) 627-3529
An equal apportu lily
employer ®Pnn(vd on Tecycled pfAge 45
Minnesota Pollution Control Agency
520 Lafayette Road North I St. Paul, Minnesota 55155-4194 [ 651-296-6300
800-657-3864 1 651-282-5332 TTY I wwt%,.pca.state.mn.us I Equal Opportunity Employer
April 24, 2012
Mr. James Eide
4420 Brockton Lane
Plymouth, MN 55446
RE: Petroleum Storage Tank Release Investigation and Corrective Action
Site: Eide Residence, 4420 Brockton Ln., Plymouth, Hennepin County 55446
Site ID#: LEAK 18732
Hear Mr. Eide:
The Minnesota Pollution Control Agency's (MPCA) Petroleum Remediation Program (PRP) has been
informed that there has been a release of petroleum from a storage tank that you own and/or operate.
PRP was developed to provide assistance.as you investigate, and if necessary, clean up your petroleum
release. The MPCA appreciates your timely notification so this Site can be handled in an efficient
manner.
State laws require that persons legally responsible for storage tank releases notify the MPCA of the
release, investigate the extent of the release, and take any necessary actions to clean up the release. A
person is generally considered legally responsible for a petroleum tank release if the person owned or
operated the tank either during or after the release, unless specifically exempted under law. See Minn.
Stat. §115C.021(2010).
If development of this property or the surrounding area is planned, State laws require that persons
properly manage contaminated soil and/or water uncovered or disturbed even if they are not legally
responsible for the storage tank release(s). Developers and other interested parties must also
incorporate appropriate response actions to prevent the further spreading of contamination. To receive
MPCA review and approval of proposed response actions, please contact the Petroleum Brownfields
Program (PBP) at 651-296-6300 or at 1-800-657-3864, or visit their website at
http://www.pca.state.mn.us/foyp8Oa. If petroleum contamination is encountered during development
work, the Minnesota State Duty Officer should be notified immediately.
The MPCA requests you take steps to investigate, and if necessary, clean up the release in accordance
with MPCA guidance documents. The site investigation must fully define the extent and magnitude of
the soil and/or groundwater contamination caused by the release. The MPCA recommends you hire a
qualified environmental consulting firm to help you investigate and cleanup the contamination on your
site. A qualified consulting firm should have experience in performing investigations of contaminated
sites and in developing and implementing corrective actions.,
Please be aware that the MPCA does not.conduct the investigation or cleanup at your Site. The MPCA
provides guidance and technical assistance during the project and reviews the reports submitted by your
environmental consultant. However, the MPCA urges you to contact the MPCA project manager
whenever you have a question or concern regarding your project.
In 1987, the legislature established the Petroleum Tank Release Compensation Fund (Petrofund) to
reimburse responsible persons and volunteers (i.e., property owners not responsible for releases) who
take corrective action for a portion of their costs. The Petrofund is administered by the Petroleum Tank
Release Compensation Board (Petro Board), which is part of the Minnesota Department of Commerce.
Page 46
Mr. James Elide
Page 2
April 30, 2012
For petroleum investigations, if you wish to have your costs considered for reimbursement, the
environmental consultant you hire must be registered with the Petro Board. A list of registered
contractors is available from the Petrofund staff. Please note that, under the Petro Board's rules (See
Minn. R. ch. 2890), you must solicit a minimum of two written competitive consultant proposals on a
form prescribed by the Petro Board to incur costs eligible for reimbursement and a minimum of two
written competitive contractor bids must also be obtained for each contractor service. To learn more
about the Petrofund reimbursement program contact Petrofund staff at 651-215-1775 or 1-800-638-
0418 (in greater Minnesota only) or review the information available at the following website at
http://mn.gov/commerce/topics/Petrofund/. Please be aware that Petrofund reimbursement
determinations are made by Petrofund staff at the Department of Commerce. The determinations are
based on whether or not the work performed at a leak site was necessary for investigation and
corrective action, which is determined by MPCA staff, and whether or not the costs for that work were
reasonable, which is determined by Petrofund staff.
Your insurance may cover this release. However, your insurance coverage maybe affected by how
quickly you notify your provider. Therefore, you should review your insurance plan and contact your
insurance carrier immediately after receiving this letter.
Please provide notification to the MPCA by submitting the enclosed Leaksite Ownership Form to the
MPCA project manager listed below. The Leaksite Ownership Form must be completed and submitted
within 30 days of your receipt of this letter to indicate whether you intend to proceed with the
requested investigation and/or corrective action. If you do not respond within this time frame, the
MPCA will assume that you do not intend to comply. In this case, the MPCA Commissioner may issue an
enforceable order that will require you, as responsible party, to take corrective action. Failure to
cooperate with the MPCA in a timely manner may result in reduced reimbursement from the Petro
Board, see Minn. R. Ch. 2890. If you do not cooperate, the MPCA has the option of taking the corrective
actions on your behalf and recovering its costs.
If you have questions concerning this letter or need additional information, please contact me at
651-231-6043 or e-mail kathryn.serier@state.mn.us. Please reference the above LEAK # in all
correspondence. If you are calling long distance, you may reach the MPCA by calling 1-800-657-3864.
Sincerely,
Kathryn Serier
Project Manager
Petroleum Remediation Section
Remediation Division
KAS:Is
Enclosures
cc a ,_W a}�I CIQrI�; Rfyrnoutl
Richard
Kline, Fire Chief, Plymouth
Dave Jaeger, Hennepin County Environmental Services
Jeremy Hansen, Braun Intertec, Bloomington
Page 47
Beth Falkenberg
Executive Member -at -Large Each year Senior Community Services continues to advance its mission to
Jim Crist develop, coordinate and provide services that help meet the needs of older
Executive Commitee Past adults and support their caregivers, Through our programs we have seen
President 1�P � g p g
Board of Directors many lives changed for the better.
Matt Bochnicek
April 24, 2012
Executive Committee
the independence and quality ofe oolder adults n
p q � life dliPlymouth.
Woody Love
President
Lisa Baird
Dr. Chinyere (Ike) Njaka
Deputy City Clerk
15t Vice President
City of Plymouth
Cheryl Fischer
3400 Plymouth Blvd.
2nd Vice President
Plymouth, MN 55447-1482
Dennis Kueng
t.
Secretary
Dear Ms. Baird:
Thad Standley
Deb Taylor
Treasurer
On behalf of Senior Community Services, I want to thank you for the grant of
Terri Urbaniak
$5,670 to support H.O.M.E. Program and $13,050 to support Senior
Executive Member -at -Large
Outreach.
Beth Falkenberg
Executive Member -at -Large Each year Senior Community Services continues to advance its mission to
Jim Crist develop, coordinate and provide services that help meet the needs of older
Executive Commitee Past adults and support their caregivers, Through our programs we have seen
President 1�P � g p g
Board of Directors many lives changed for the better.
Matt Bochnicek
With the help of grants from cities such as yours, we will continue to enhance
Sharon Burnham
David Fisher
the independence and quality ofe oolder adults n
p q � life dliPlymouth.
Rochelle Gill
Marvin Johnson
Laurie Lafontaine
i f
Thanks again or our generous support!
g �' � Pp
John Lawson
Cathy Medich
Sincerely
Jeanette Metz
Senator Gen Olson
Keith 5tuessi
Walter White
t.
Gene Winstead
Deb Taylor
Benjamin F. Withhan
Chief Operating Officer
Executive Director & CEO.
Programs
*Caregiver Support Services
*Community Senior Centers
*health Insurance Counseling
*H.O.M.E.
*Senior Outreach
*Senior Partners Care
Comrnunity Partner
(�RiNTDSrrya.sF.�!
-Member Eldercare Partners*
Senior Community Services, 10709 Wayzata Boulevard, # 111, Minnetonka, MN 55305, 952-5AI-101$
http://www.seniorcommunity.org age
a
City of
Plymouth
Adding Quality to Life May 4, 2012
SUBJECT: Variance requested by David Schneider, 5870 Kirkwood Lane (2012027)
Dear Property Owner:
Pursuant to the provisions of the Plymouth Zoning Ordinance, this letter is to inform you
of a request by David Schneider, under File No. 2012027, for a variance to the side yard
setback to allow construction of a new attached garage for property located at 5870
Kirkwood Lane.
While a formal public hearing is not required, it is the city's policy to inform adjacent
property owners of such requests. Hennepin County records indicate your property is
located within 200 feet of the site of this proposal. You are hereby notified of and
cordially invited to attend a meeting to be held by the Plymouth Planning Commission at
7:00 p.m., Wednesday, May 16, 2012 in the Council Chambers of Plymouth City Hall,
3400 Plymouth Boulevard. The public will be invited to offer questions and comments
regarding this request at that time. You may also submit comments in writing. All
written comments will become part of the public record.
INFORMATION relating to this request may be examined at the community
development information counter (lower level of City Hall), on Mondays and Wednesday
through Friday from 8:00 a.m. to 4:30 p.m., and Tuesdays from 8:00 a.m. to 6:00 p.m.,
except holidays. If you have any questions about the specifics of this proposal, please
contact the city planning department at (763) 5095450.
Sincerely,
Barbara G. Thomson, AICP
Planning Manager
2012027propnotice
3400 Plymouth Blvd • Plymouth, Minnesota 55447-1482 • Tel: 763-509-5000 • www.ci.plymouth.mn.us
Page 49
.019 rMIATOM 901Ah
61M
r_1
Three Rivers recently completed our Vision Plan. The Plan lays out a fresh direction, recognizing the
importance of working collaboratively to meet the challenges and opportunities that lie ahead. We want
to work together with local communities, other agencies, business and the public to identify shared
goals, and to provide the leadership, advocacy, innovation and actions necessary to meet the needs of
the present while ensuring that the needs of future generations are well -met.
Come join us as we embark on a new era.
LEADERSHIP • ADVOCACY • INNOVATION • ACTION
PREPARING FOR THE FUTURE
Those who've laid the foundation of protecting and expanding green space and parklands throughout the Twin Cities were
never ones to let events take their course and then react. Indeed, leaders like Horace Cleveland, Theodore Wirth, Charles
Doell, Clifton French - the founders of the regional parks system, were known for their innovation, advocacy, and actions.
Their leadership and foresight created the public's spectacular regional parks system and outstanding quality of life we
enjoy today.
Significant trends are emerging, offering challenges and opportunities for both the near and distant future. The time is
upon us to take the harder road of shaping our future. What is needed is a bold vision and a commitment to the Leadership,
Advocacy, Innovation and Action required to achieve that vision.
THE VISION:
Through leadership, advocacy, innovation and action, Three Rivers is a model
of a sustainable regional system of parks and trails that meets the needs of the
present while ensuring that the needs of future generations are well -met.
l
ACHIEVING THE VISION:
Three Rivers embraces a Framework of Sustainability
recognizing that Ecology, Society and Economics are
" regionally interdependent. From this framework arises
f
Three Rivers' commitment to apply prudent financial
stewardship across five actionable goals:
Protect the region's water and natural resources
Inspire people to recreate
Connect people to nature
''' ''Create vibrant places
Collaborate across boundaries
Page 51
protecting the region's water and
natural resources
• Creating three new parkland classifications
(Greenways, Blueways, Regional Natural Areas)
within the Three Rivers system, and advocate for
their establishment in the metropolitan regional
parks system.
• Promoting innovative natural resource
management projects including, but not limited to,
invasive research/control, strategic water protection
and targeted education efforts.
Inspiring people to recreate
• Encouraging use of the regional parks by young
adults, retirees, and urban -area residents.
• Reaching out to the diverse population.
• Completing the critical links in the existing regional
trail network within the fully -developed cities.
connecting people to nature
• Exploring nature -based preschool
immersion opportunities.
• Adding more environmental education
opportunities for school-age children.
• Expanding mentoring and outdoor leadership
training to better connect teens and young adults
to nature.
M
creating vibrant places
• Completing the regional trail network within
Hennepin County.
• Bringing regional recreation and education facilities
to people within the fully developed cities of
Hennepin County.
collaborating across boundaries
• Partnering with conservation -based organizations
to promote the legacy of hunting and fishing.
• Developing collaborative plans for regional
resources including the Three Rivers -Mississippi,
Minnesota and Crow, along with Lake Minnetonka,
Medicine Lake, and Minnehaha Creek.
• Gaining recognition for the regional trail network
as a key component of an integrated multi -modal
transportation system.
• Collaborating with community and business
leaders to craft a comprehensive vision and plan
for the Twin Cities in the year 2100.
Page 52
�Y
4
M
creating vibrant places
• Completing the regional trail network within
Hennepin County.
• Bringing regional recreation and education facilities
to people within the fully developed cities of
Hennepin County.
collaborating across boundaries
• Partnering with conservation -based organizations
to promote the legacy of hunting and fishing.
• Developing collaborative plans for regional
resources including the Three Rivers -Mississippi,
Minnesota and Crow, along with Lake Minnetonka,
Medicine Lake, and Minnehaha Creek.
• Gaining recognition for the regional trail network
as a key component of an integrated multi -modal
transportation system.
• Collaborating with community and business
leaders to craft a comprehensive vision and plan
for the Twin Cities in the year 2100.
Page 52
x
];........ ...
w
Cro-Hassan
Park Reserve
Lake Rebecca
Park Reserve
Lake Sarah .
Memorial
Gale Woods
Farm r,1^10 Lake Min neto
I I t Regional Park
Carver -
Park Reserve
;�rSSlSS
fpp
Elm Creek
Park Reserve 4
aA6.. .
Fish Lake-�
` Regional
Park
Baker
Park Reserve 5 /
NOR TV,
{U
P
Park District Properties
Park District Regional Trail System
Regional Trail to be Developed
State, Federal or other Regional TrailsfParkS
Park Entrance
Golf
Coon Rapids
Dam Regional Park
94 ""North Mississippi
iRe ional Park ►++
*► Eagle.Lake 694
rRegional Par .■�.
M Silverwood
•100 1 mark
lifton E. French'•
R ional.Rark%,
.. 94 35w,
394,
1fiBt MINNEAPOLIS
00
'35V {
Al)Brypnt Lake
Reg:gnal Park i� -
62
Hyland Lake
Park Reserve
51;
The Landing-,�
Minnesota �tlot
River Heritage Park
13 i�N, r
Mueph
1 y
IM1
Cleary Lake Hanrehan
Regional Park,j Park Reserve
Three Rivers' Mission
Promoting environmental stewardship
through recreation and education in a
natural resources -based park system.
Three Rivers Administrative Center, 3000 Xenium Lane North, Plymouth MN, 55441
763.559.9000 • Three RiversParks.org Page 53
New security screening at suburban Hennepin courts
intercepts dozens of items
Dozens of prohibited and potentially dangerous items were confiscated in the first week of weapons
screening at Hennepin County District Court locations in Brooklyn Center, Edina and Minnetonka, officials
said.
The electronic screenings were put in place on April 23 at the Brookdale, Southdale and Ridgedale facilities
on an interim basis at the urging of the Sheriffs Office.
The 70 or so items taken during about 3,000 screenings last week included knives, box cutters, scissors
and Mace.
County commissioners, prompted by concerns voiced by a district judge and a recent shooting in a North
Shore courthouse, decided to impose interim screening measures for suburban courts before settling on a
permanent solution next year.
County officials estimate the cost of equipment installation at the three service centers to be $234,000.
Staffing and maintenance bring the cost of the temporary fixes to $600,000.
The county currently spends $1.6 million on weapons screening in Minneapolis at the Juvenile Justice
Center, the jail, the Family Justice Center and Hennepin County Government Center, where it has been in
place since the mid-1990s.
Paul Walsh • 612-673-4482, Star Tribune
Page 54
Checking in? Plymouth may want to see ID
• Article by: TOM MEERSMAN , Star Tribune
• Updated: April 28, 2012 - 5:18 PM
City would be first in area to ask that of all adult hotel guests.
Concerned about prostitution and other crime, the city of Plymouth is debating whether to require
hotel guests to provide photo IDs when they register in any of the community's six hotels.
The city has been working on an ordinance since January and recently postponed a decision until its
May 8 meeting.
State law requires guests 18 or older who stay overnight to give hotel registration clerks their name,
date of birth, home address, and the make, model and license plate number of the vehicle they
arrived in.
But Plymouth police say that thefts, assaults and prostitution have been a problem in the hotels, and
they proposed that the city require all guests 18 or older -- not just the person paying the bill -- to
show photo IDs at check-in.
"All we're doing is expanding the statutes very slightly," Police Chief Mike Goldstein said.
Crime rates have not increased in the hotels, Goldstein said, but police want to have "another tool in
our tool kit" when they encounter problems. "That would give us a better case in court if we were to
pursue some sort of criminal charges against the occupants of one of the rooms," he said.
Another part of the proposal would make it a misdemeanor for guests to provide false information
when they register.
Leading the way
Plymouth Mayor Kelli Slavik likes the idea, and said that a picture ID will enhance public safety
because it gives hotel managers and police the ability to confirm the identity of a customer. "If we
can find a way to keep these criminals from staying in Plymouth, we'll certainly look at the means to
do that," she said.
Slavik said that Plymouth is apparently the first local community to advance the idea. "Other cities
are looking to Plymouth to see what we do before they decide to enact an ordinance similar to this,"
she said.
The proposal was scheduled for a vote earlier this month, but Council Member Judy Johnson said
she wanted more time to hear reaction from city hotels. "The whole council is very pro-business and
the intentions are good, but I can foresee some problems for the hotels," she said in an interview.
"For a couple checking in, it's not a big deal. But other guests arrive at hotels too, sometimes on
large tour buses."
Mike Serr, general manager of Crowne Plaza Hotel, the largest in the city, said the photo ID
requirement is not the industry standard. It would be burdensome and inconvenient, he said, and
Page 55
would create lengthy check-in lines that might drive customers in the highly competitive hotel
industry to other cities.
"We're in the hospitality business, and if 99.9 percent of my customers aren't somebody I have to
worry about, why am I penalizing them for the 0.1 percent that might be here for prostitution?" he
said.
Coping with groups
With 243 guest rooms and 40 meeting rooms, the hotel accommodates groups of all sizes, Serr said.
Senior citizens on a tour bus who are preregistered and receive their room keys upon arrival before
they even get off the bus. Family weddings where the father of the bride may have 10 rooms on his
credit card and the guests are all arriving at different times. Local firms that hold business meetings
at company expense and rent all the rooms in a block.
Check-in for all of them would be more complicated and time-consuming, Serr said, if every person
had to show photo IDs at the time they registered.
The industry is moving in the opposite direction, he said, trying to make registration as quick as
possible and even experimenting with self check-in kiosks.
The Crowne Plaza, like many other hotels, Serr said, already asks the person paying the bill to
present a photo ID to be sure that the name and other information matches that on the credit card.
However, Capt. Craig Lindman, also on the police force, said that most other hotels in the city
support the changes and that he'll be talking directly with their managers in the next week to explain
the latest revised ordinance more fully. An earlier version required that the IDs be government -
issued and that hotel clerks write down the numbers of passports or driver's licenses and keep them
for a year. Those conditions were dropped because of hotel concerns about increasing the risk of
identity theft.
Slavik said the photo ID requirement will not be burdensome. Some have objected to long
registration lines for athletic teams that stay in hotels, she said, but the ordinance would not apply for
those younger than 18. "It's just an overall public safety issue where the police department thought
they could make some improvements," she said.
Serr said he knows all of the city's other hotel managers, and prostitution is not a problem that he's
heard about. Even if it was, Serr said, the proposed ordinance would not prevent it.
"If I'm a hotel guest here to do illegal activity, whether it's drugs or prostitution or whatever, chances
are I'm not going to check in my hooker," he said.
Tom Meersman • 612-673-7388
Page 56
WEATHER - EXTREME TRENDS
The Minnehaha Creek Watershed Stormwater Adaptation Study
Problem:
Climate research, current weather patterns
and projected trends show a significant
increase in both the frequency and
severity of rain events across
Minnesota. Existing stormwater
management systems designed
to control runoff and protect
property when it rains may
no longer function
as intended. The
infrastructure in these
systems may prove
inadequate, resulting
in increased flooding,
damage to property,
public safety concerns,
and impacts to the quality of
our lakes, streams and wetlands.
Minnehaha Creek Watershed
Lake Mlinnelstnks
'victoria
M i n n a a p o I i a
M -n eh�f ph "llGr9ak
0 25 '4Kk-...
Objectives: The Minnehaha Creek Watershed Stormwater Adaptation Study will address some of
these challenges for both growing and fully -developed communities. The study will:
1. Examine precipitation and land use trends within
the watershed
2. Use that information to evaluate existing
stormwater management systems
U"
MINNEHAHA CREEK
WATERSHED DISTRICT
3. Identify ways to adapt our systems — including
costs — to changing precipitation patterns
4. Facilitate a community -led planning process
to provide a framework for developing local
stormwater adaptation plans
For more information, please contact:
Leslie Yetka • Education Manager • Minnehaha Creek Watershed District
Ph: 952-641-4524 • Lyetka@minnehahacreek.org
Telly Mamayek • Communications Director • Minnehaha Creek Watershed District
Ph: 952-641-4508 • Tmamayek@minnehahacreek.org
Page 57
Timeline
Spring 2012
• Develop future precipitation and land
use models
• Host First Forum: Stakeholder Input
and Adaptation Assessment
Fall 2012
Complete analysis of stormwater
management systems
Develop cost -analysis for stormwater
management system adaptation
Host stakeholder work group
meetings derived from the First
Forum
Winter 2013
• Host Second Forum: Stormwater
Adaptation - Planning
Host community workshops to share
findings and strategies
Summer 2013
• Host Third Forum: Regional
Stormwater Adaptation Symposium
Share research findings, adaptation
strategies, resources, and next steps
Frequently Asked Questions
Q: Why should I or my organization participate in
this study?
A: Results of this study will provide updated information on how to
adapt stormwater management systems to changing weather patterns,
ensuring a community is ready for more frequent extreme weather
events. This preparedness will protect public property, public safety
and a community's financial and environmental resources. The study
will also provide a cost analysis of various stormwater adaptation
approaches, which will help guide a community's decision-making
process. By participating in the process, you can help determine the
scope and direction of this research, making sure it addresses local
needs.
Q: What will participation in this study cost me or
my organization in terms of money and/or time?
A: This project is grant funded. No financial contributions will be
requested from participants or organizations. Every effort will be
made to utilize participants' time in the most focused and productive
manner possible. Generally, time commitments will not exceed those
presented in the timeline, including forums and task force meetings.
All time contributed to this project is on a voluntary basis.
Q: Will this study result in the imposition of new
policies or regulations that I or my organization will
be held accountable for?
A: This study will be informed from current climate science with
recommendations based upon the interests and priorities of local
communities within the watershed. The Minnehaha Creek Watershed
District and other local governments may use information generated
from this study as a framework for future planning and policy-making
decisions. Policy changes, if any, will be addressed through existing
public processes.
Partners: Project partners include Syntectic International LLC, Antioch
University New England, the University of Minnesota, and Stratus Consulting.
Funding for this two-year study is provided through a grant from the Climate
Program Office of the National Oceanic and Atmospheric Administration. AW
ILDF MINNESOTA
UNWHRSITY
ANFI(CH _
UNIVERSITY
NEW ENGLAND
Page 58
Y f I E C T I C
INTERNATIONAL
STRATUS CONSULTING
MINNEHAHA CREEK
`9 WATERSHED DISTRICT
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Minneapolis
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Loon reviewing fiscal disparities program - Eden Prairie News : Politics Page 1 of 2
Loon reviewing fiscal disparities program
By Patty Dexter pdexter@swpub.com I Posted: Wednesday, April 25, 2012 1:00 pm
42B Rep. Jennifer Loon is continuing work she began in her first term to look at the fiscal
disparities tax program for the metro area.
Loon, along with 42A Rep. Kirk Stensrud and Sen. David Hann met jointly with the Eden Prairie
News on April 11 to discuss their thoughts on various legislative topics.
According to Loon, fiscal disparities is a special tax program that exists only in the metro area. It
was enacted and took effect in the 1970s. The program measured the industrial and commercial
tax base for each municipality starting at a certain time period. If a community was found to have
an above-average commercial and industrial tax base, it had to donate some of those taxes to a
pool, which was then redistributed to cities that didn't have as much commercial and industrial tax
base.
Loon said during her first term she worked on authoring a bill to mandate a study of the program.
The study was released this year in February and the House Taxes Committee had a hearing on it
in mid February.
Since then she has been poring over the study and meeting with nonpartisan tax experts to discuss
how to craft legislation to address it. Because a number of cities in the metro area are recipients of
the fiscal disparities, she doesn't believe a repeal would prevail, she added.
There are issues with the program such as no distinction being made between manufacturing and
retail operations. Cities such as Bloomington, that donate to the pool, are almost penalized
because of having more retail operations, Loon said.
"Well the studies show very clearly that ... the cost to local government for having a retail store is
higher. They don't pay for themselves because you've got additional policing," she said.
Reviewing the program also affects Eden Prairie because it's the No. 2 donor city for fiscal
disparities, Loon said.
Stensrud said oftentimes legislators may have good intentions when they pass a bill to create a
program, but they never get around to measuring the outcomes. He believes lawmakers need to
legislate for outcomes.
Hann said throwing money at something and good intentions aren't enough. Building in
requirements to measure program outcomes is needed.
"I think in this case it's a really good thing to try to get the Legislature to go back and look at this
program, and ask some questions about it," he said.
Page 59
http://www.edenprairienews. com/news/politics/loon-reviewing-fiscal-disparities-program/... 4/30/2012
Loon reviewing fiscal disparities program - Eden Prairie News : Politics Page 2 of 2
Rick Getschow, Eden Prairie city manager, said the city has been working closely with Loon on
the review and has discussed the study and possible legislation with her.
"The city's position has been, as the No. 2 contributor to the program, that we felt it was very
important to study how the program is doing — if it's meeting its goals because Eden Prairie as a
city is affected by the program in terms of providing our tax capacity to other cities in the
metropolitan area," he said.
Effects on taxpayers
Sue Kotchevar, Eden Prairie chief financial officer, said the city contributed $15 million of its tax
capacity to fiscal disparities for 2012. Just a small portion of that comes back to the city and most
of it goes to other communities.
If that tax capacity wasn't taken away there would be a larger tax base for the city to tax upon.
Eden Prairie taxpayers then would have to pay less, because there would be more business
property tax base to levy, Kotchevar said. According to Getschow, the city tax on a median valued
home would be 9 percent less if the city didn't contribute to fiscal disparities.
Keeping the
dollars local
The Eden Prairie Chamber of Commerce doesn't have an official position on fiscal disparities but
it has sought a level playing field for businesses to fairly compete. With fiscal disparities, more
dollars seem to leave Eden Prairie than stay, said Pat MulQueeny, chamber president.
The economy and the communities have changed, but the program itself hasn't seen any dynamic
changes, MulQueeny said.
"Ultimately it's taken dollars away... to be put into other communities to help them. In that case
that would be seen as a negative to the businesses in Eden Prairie. Again if you're going to collect
those tax dollars, the preference would be to spend those locally rather than give them to other
communities," he said.
MulQueeny said the chamber is supportive of reviewing the program to see if there are ways to
accomplish what lawmakers want to do without penalizing communities like Eden Prairie that
have a stronger businesses front.
Page 60
http :ll www. edenprairienews. com/news/p olities/loon-reviewing-fiscal-disparities-pro gram/... 413 012012
Writing Effective `findings of fact'
orking with city land use regu-
lations can be difficult for both
cit}officials and residents. Cities
must sonietintes make decisions
that are controversial, and no
uiatrer whir the result. someone will be
unhappy.Trying to figure out the best
result in the midst of heated discussions
is never easy.
But whatever the outcome, an
important part of process is developing
and adopting written "findings of fact"
that explain the decision. Carefully and
thoughtfully developing written findings
can help solve a contentious probleni. It
forces officials to focus their inquiry on
the relevant considerations_ Anti it pro-
duces a record that makes it easier for a
court to uphold the decision if challenged.
Meat are findings? "Findings of fact"
refer to a city's written explanation of a
land use decision. If a city is sued over a
land use decision, courts uvill review the
record for the reasons the city give for
granting or denying the request.
In the case of a denial of in applica-
tion related to zoning, Miiuiesota's 60 -Day
Rule requires the city to provide written
reasons for a denial. Even vdien an
application is approved, written firudings
explaining the decision are advisable.
Findings should provide a court with
everything needed to uphold the decision.
Creating findings of fact can be rela-
tively straightforward if city follows
sortie basic guidelines.
Apply facts to lair. Findings of fact
should explain to the reader how and
.why the city reached its decision.
The document should identify the
relevant legal criteria such as statutory
standards or code provisions, explain the
relevant facts relating to the particular
application, and then apply those facts
to the legal criteria.
Shorn your work. Like a niaih exam
in school, it is as important to be com-
plete and to "show your work." Showing
By jcd Burkett
Learn more at the
2012 Safety &
Loss Control Workshops
ISmail Cities Trackl
www.Imc.org/2012LCW
your work can be more important than
reaching a particular result.
Explaining the method or reasoning
tollowed by the city in judging an appli-
cation helps ensure that the city is on
the right track. If a reader can tell hose
you reached your result, without having
to guess, you have shown your ~work,
But if the reader is left guessing, then the
cite may be on shake ground.
Look rtp fire lant Before setting
out to find facts, a little investigation is
needed. A crucial early step is to identify
the relevant legal standards.
For example. applications for condi-
tional use permits are subject to standards
that should be spelled out in city ordi-
nance. Detennine exactly what ordinance
sruidards apply: Reference and quote the
rtievant standards in your findings.
Provide relevant facts. Findings of
fact should state all of the relevant facts
the city considered in making its deci-
sion. A tact is relevant if it proves or
disproves that the application meets the
legal standards.
For instance, if an applicant is seeking
a conditional use permit where the effect
of traffic on adjacent properties is an
ordinance standard. then the city should
look for facts related to traffic inipacts.
It is important to address each and even -
relevant legal standard by describing
related facts.
Stay on track. Sometimes issues arise
that don't relate to the legal standards. If
city officials start to diSCLISi and debate
Elie facts of an application without lieu--
iting themselves to the relevant legal
standards, a lot of time and energy can
be wasted on issues that don't lead to a
solution. Argunierits about irrelevant facts
can easily lead the city astray. Don't
include irrelevant facts in your findings.
Don't parrot. Findings must ade-
quately describe the reasoning for a
decision. Ambiguous„ conclusory, or
boilerplate language does not usually
provide a sufficient explanation of the
decision's rationale.
Merely restating or "parroting" the
legal standard is not enough. It is itiipor-
tant to state the legal criteria, but you
must also explain why the standard is or
iw not met.
Just because. One of the simplest
tecluiiques to ensure findings sufficiently
connect the decision to legal standard is
to use the sword "because."
Read each statement carefully before
completing the finding.What you write
after the word "because" in each finding
must support the statenient that intro-
duces the finding. A similar approach is
to phrase the standard as a question, and
then provide a detailed answer.
Reach a conclusion. Remember,
written findings should identify the
relevant legal criteria such as statutory
standards or code provisions, explain the
relevant facts relating to the particular
application, and then apply those facts
to the legal criteria to reach a conclusion.
Sonietimes more than one conclusion
is possible. But if the city takes care to
develop thoughtful findings of fact that
relate to the relevant legal standards,
then there should be no inystery as to
tvhy the city reached the decision it did.
-feel Burkett is loss control/laird rise attorney,
ri,irlr the Lr•,�grrc of.1 Cities
himirance Trust. Annie: (651) 281-1247.
L -mail: Inirkettlaihtrc, oig.
tvAKI ft-Az,iirt 1111' \IkNNLNt11A CrTIEI Page 61 1 3
'j
a
t' >
Craig Mandel, a volunteer refuge naturalist, led a bird -watching group in the Minnesota Valley National
Wildlife Refuge near Carver.
Photo: Elizabeth Flores, Star Tribune
No wonder there's a sign in the window screaming "YES WE'RE OPEN."
Years after the federal government upgraded and opened a beautifully contoured piece of property
in the Minnesota Valley National Wildlife Refuge along the Minnesota River between Shakopee and
Carver, officials admit they have a bit of a problem:
Hardly anyone comes.
"We're trying to increase awareness that we exist down here," said Leanne Langeberg, visitor
services specialist.
The absence of humanity is not a bad thing for the wildlife. And for those who do find it, and weren't
really there to hang around with strangers anyway, it means a singularly serene experience of
nature.
But the refuge is speaking up, cautiously beginning a campaign to signal to the wider world that
you're missing something if you haven't checked it out.
Cautiously, because there are a lot of things you can't do there: No dogs off leashes, for instance,
and no snowmobiles.
Cautiously, too, because there are seasonal perils to deal with. Hunters fire loud weapons in the fall.
Trails on the floodplain turn into river bottom during high water -- last year, that was the case for
eight straight weeks. And in summer, you'd best bring bug repellent, because no one is bombing
insects with chemicals.
"Mosquitoes are welcome here," Langeberg admits. Not a drawing card for humans, to be sure.
But the reward for those who do show up, Langeberg and others say, is a place with incredible views
from high bluffs. A place with so many wild raspberries and mushrooms to gather that the staff
orders you to keep it to a gallon per party. A place where people have been known to spot 10 eagles
at one time when the rocky rapids are keeping the river too lively to freeze over and they gather near
open water to watch for fish to swoop down and eat.
"I've seen mink, river otters, possum, fox, and it's really one of the wonderful places for wildflowers,"
said Craig Mandel, who's there a lot leading mostly birding tours.
"Otters in particular are great to see: a cool little animal, really busy, and one of the few animals that
looks like they're having fun -- that does things there's no reason to do except for fun. They'll slide
down a bank and go back up and do it again. And these are places really close to the visitor center.
I've only seen them once, but you see their signs a lot.
"And for me, it's a 35 -minute drive from my house [in Minnetonka]. I do all the state parks -- which
are underutilized, too, by the way -- and a lot of them are six hours away. It's very rare to have a
federal wildlife refuge this close to a metro area."
The 'other' visitor center
The refuge's "other" visitor center -- the main one is in Bloomington -- exists because of the
expansion of Minneapolis -St. Paul International Airport. Plans to add a runway led to serious
Page 63
wrangling in the late 1990s because it would send screaming blasts of noise down into a federally
protected wildlife area.
The airport folks coughed up millions of dollars, and much of it went to buy up more land -- about
1,500 acres -- to extend the refuge upriver, as well as to install a quieter alternative visitor and
education center in Carver County.
For Scott County, visible from the new building and with lots of ties to it -- schoolchildren from Jordan
use it a lot, for instance, and Langeberg herself commutes daily from New Prague -- it became
potentially an important new recreational amenity. The county's population was exploding, but its
parks system was still far from fully developed.
But today, Langeberg says that while probably 100 folks a day make it to the Bloomington center, it's
probably closer to five in Carver.
The irony of that, said Al Loken of Duluth, a birder who often makes it to the different pieces of the
refuge when he's in town visiting family, is that he at least finds the so-called Rapids Lake area in
Carver far more impressive for its scenery than the territory the refuge holds in Bloomington.
"Mind you," he added, "I'd take Duluth itself over either one, but whereas the Old Cedar Avenue
bridge area [in Bloomington] is probably the best known, Rapids Lake is more impressive for its
scenery."
More than 100 varieties of birds nest on the different parts of the refuge, Mandel said. Not all of them
are readily visible to the average person, but there are frequent walks led by experts with high-
quality gear.
"You have species living in floodplain forests, for instance -- the prothonotary warbler, the cerulean
warbler, light blue and way high up in cottonwood trees -- hard to see sometimes, but with a spotting
scope, and mine cost me $3,500, it takes you to a whole different level in terms of what you can see.
"Ten species of sparrows nest there most years, and some are pretty unusual. A bird you might think
of as 'brown' and uninteresting with the naked eye, if you get a really good closeup look, can be
pretty amazing. Even a common song sparrow turns out to have nice little stripes and neck markings
and colors on its back."
Once a farm
The site has a long human history: It was a family farm, whose aging historic home still sits empty,
though what was once the stable area has been reduced to stone ruins.
The family in the end wanted to safeguard the property from mining that could have wrecked its
natural features, Langeberg said, and was happy to have the federal government step in as buyer.
There are miles of trails laced about the property, most of them just dirt tracks, with minimal changes
from what the land would have been for centuries. And no one cares if you wander off of them -- in
fact, there are features to see if you do, including Rapids Lake itself and an area of rapids on the
river.
The goal, then, in terms of human use?
Page 64
"We'd love to have some steady use throughout the day," Langeberg said. "Twenty-five or more
would be a good number out here."
David Peterson • 952-746-3285
Page 65
APPROVED MINUTES
PLYMOUTH HOUSING AND REDEVELOPMENT AUTHORITY
March 22, 2012
PRESENT: Chairman Jeff Kulaszewicz, Commissioners Paul Caryotakis, Carl Runck and Bob
Stein
ABSENT: Commissioner Jim Willis
STAFF PRESENT: Housing Program Manager Jim Barnes, HRA Specialist Kip Berglund and
Office Support Specialist Laurie Lokken
OTHERS PRESENT: None
1. CALL TO ORDER
Chairman Kulaszewicz called the Plymouth Housing and Redevelopment Authority meeting to
order at 7:00 p.m.
Housing Program Manager Barnes added Item 3.1). to the agenda.
2. CONSENT AGENDA
A. Approve HRA Meeting Minutes from February 23 and March 13, 2012.
B. Plymouth Towne Square. Accept Monthly Housing Report for February 2012.
C. Vicksburg Crossing. Accept Monthly Housing/Marketing Report for February 2012.
D. Bureau of Criminal Apprehension. Authorize HRA Executive Director Steve Juetten
to sign Joint Powers Agreement on behalf of the HRA.
MOTION by Commissioner Stein, seconded by Commissioner Caryotakis, to approve the
consent agenda. Vote. 4 Ayes. MOTION approved.
3. NEW BUSINESS
A. First Time Homebuyer Loan Modification Request. Consider Loan Modification
Request For The Existing Loan For Property Located At 5465 Orleans Lane North, #5.
Housing Program Manager Barnes noted that an additional email had been received and added to
the public record. HRA Specialist Berglund gave an overview of the staff report.
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Plymouth Housing and Redevelopment Authority
March 22, 2012
Page 2
Commissioner Stein asked if it was known how far in debt they are. HRA Specialist Berglund
responded that they currently owe roughly $147,000. He said the current assessed value on the
home is $123,400.
Commissioner Runck stated that Zillow website had that house listed at $100,000 right now.
HRA Specialist Berglund added that Ms. Hervin does make mention in her correspondence that
there is a home in the neighborhood that is currently for sale for $99,000. He said that staff
doesn't disagree that her property has dropped in value. He said that when she purchased the
home in March 2007, it was valued at $162,000 and she purchased it for $155,900.
Commissioner Stein asked if this request is for zero interest and if the previous request the HRA
approved a few months ago was also zero interest. HRA Specialist Berglund responded that the
proposed payments of $200 per month would be at zero interest. Housing Program Manager
Barnes added that a previous request to the HRA Board was also zero interest.
Commissioner Stein asked if they had any other financial issues other than the house. HRA
Specialist Berglund responded that from what staff saw in 2010, their financial situation was
okay as far as the amount of money that's coming into the home. He said they have never really
said that they had an issue financially; however, they did have some issues that staff
recommended that they get some counseling services for credit issues, etc. He said that staff is
of the opinion that they want to move into a larger home but that they do not necessarily need to
move into a larger home.
HRA Specialist Berglund confirmed for Commissioner Stein that they have two children in a two
bedroom townhome. He added that another First Time Homebuyer recipient came to the Board
this past year and that he had spoken to them today. He said they are in a very similar situation
as they are in a two bedroom townhome with three children. He said that they currently are
making that work because they understand the economic situation and they are going to try to
ride it out at this point.
Chairman Kulaszewicz asked staff to clarify the previous request and the direction given by the
HRA. HRA Specialist Berglund replied that the previous client had been directed by the Board
that at the point there was a purchase agreement in place, the Board would consider it.
Commissioner Stein stated that there was one family that came to the Board and their request had
been approved. HRA Specialist Berglund confirmed that the Board approved a modification a
couple of months ago where the homeowner paid a 25% initial payment and then will make
annual payments for up to ten years.
Housing Program Manager Barnes reiterated that staff knows that the housing market has gone
down and that our program participants have felt that, just as we have all felt it. He said nobody
has ever told us that housing was going to be this phenomenal investment and yet, people believe
that it will. He said it is an investment and it does have risks. He said that the situation of the
request before the Board is not considered overcrowding under any of our federal programs or
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Plymouth Housing and Redevelopment Authority
March 22, 2012
Page 3
any other program that we operate. He said it makes it very difficult for us if we have to start
taking in monthly payments. He said that we are not set up for that as we don't have the
software or systems in place. He said the city does take in a lot of payments on a monthly basis
but they are on totally different platforms and are tracked different. He said it is not that it can't
be done by our finance department but it just becomes one more thing out there that is different
than our normal day-to-day business operations that they have to track and maintain.
Commissioner Stein asked how many First Time Homebuyer loans there are. Housing Program
Manager Barnes responded that there are about 185 to 190 loans. He said that some are
forgivable and some require repayment. He said this loan is required to be repaid at some point.
He said that the loan will be due and payable if they were to sell their home, not have that home
be their principal place of residence or at the end of 30 years.
Chairman Kulaszewicz asked about nonrecourse loans. Housing Program Manager Barnes
replied we have a nonrecourse loan that does not follow the person.
Commissioner Caryotakis asked if they are in such a dire situation that they are basically moving
from this property and back into a rental situation or are they looking to sell this property and
buy another property. HRA Specialist Berglund responded that staff does not know for sure. He
said their first approach in 2009 was that they wanted to sell this home and move into a larger
home. He said in this proposal, they stated that they want to move in with family and to get a
job, which potentially could be out of state.
Commissioner Stein asked if this has been going on since 2009. HRA Specialist Berglund
replied that they originally approached staff in 2009 and asked for full forgiveness of the loan.
He said they were denied at staff level and staff suggested that they could approach the Board
and they did not. He added that she purchased the property by herself and then got married.
Commissioner Runck asked if the Board could get an updated look at their finances. He said that
he looked online and they are both gainfully employed. Housing Program Manager Barnes
responded that staff could go back to them with the Board's request to look at their finances
again. He said that they are not required to give staff that information at this point.
Commissioner Caryotakis stated one of his concerns was if we could rely upon them to keep this
place rented. He said if they can't cover a down payment and if they are restricted to new
payments of $200 a month, do they have the means to keep this place rented and to handle the
administrative responsibility. Housing Manager Barnes replied that staff had similar concerns.
He said it is more difficult to find buyers and to sell a house when you are renting it out. He also
indicated that staff had concerns that they will no longer provide $1,000 up front as part of the
modification.
Chairman Kulaszewicz stated that the first mortgage holder may not allow them to rent out their
property either. He asked if the title to this property had our restrictive covenants with regards to
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Plymouth Housing and Redevelopment Authority
March 22, 2012
Page 4
affordability so that if foreclosed, those terms would go to the new buyer. Housing Program
Manager Barnes staid this property did not have the restrictive covenants.
MOTION by Commissioner Stein, seconded by Chairman Kulaszewicz, to deny the loan
modification request for the existing loan for property located at 5465 Orleans Lane North, #5.
Vote. 4 Ayes. MOTION approved.
B. Potential Redevelopment. Industrial Area Southeast Of Medicine Lake.
Commissioner Stein gave an overview of this request.
Commissioner Stein asked if it has to be designated as a blight area. Housing Program Manager
Barnes confirmed affirmatively. He said that in order for this to qualify for a redevelopment
district, we would have to do a blight study. He said we would have to hire an independent
consultant to go out, look through all of the properties that would be included in the district and
determine whether or not they meet that blight test.
Chairman Kulaszewicz asked for some of the blight criteria in general. Housing Program
Manager Barnes responded the overall cost to bring the building up to current codes has to
exceed 15% of what a new building would cost to be built. He said the fact that they are older
buildings may help in determining that the 15% is exceeded.
Commissioner Runck asked that before we do a blight study, wouldn't we want to get the sniff
test from other developers. He said that he knows another developer that he thinks would be
really interested in doing this. He said they could do some "back of the envelope" math on the
pro forma of what would work there to know what the gap would be. Housing Program Manager
Barnes responded that before we start getting too far out there, especially if we were going to
have to approach the businesses, that the HRA may want to hold a joint meeting with the city
council since the council is going to be so involved with this as well.
Commissioner Runck stated that making an office use work is pretty tough unless you have an
anchor tenant lined up. He said that in an area of that size, he doesn't think there is enough
intensity to make it work as retail.
Chairman Kulaszewicz asked about housing around assisted living. Commissioner Runck stated
that there is certainly a demand for senior housing. He doesn't know about the demand at that
site but there is going to be a need for it in the future at some point. Chairman Kulaszewicz
stated that as far as housing went, that would seem to be a nice location for that. Commissioner
Runck said that with the lakeside park, that would seem to be logical.
Commissioner Stein stated that in the past, council has talked about greater than three to five
story buildings so this could be higher density than what staff is even allowing for.
Commissioner Runck stated that the reason most of the new apartment buildings being built in
the twin cities are not high rise is because the rents are not high enough to justify the concrete
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Plymouth Housing and Redevelopment Authority
March 22, 2012
Page 5
construction for height. Housing Program Manager Barnes stated that we used our current
guiding and zoning to determine options.
Housing Program Manager Barnes stated to keep road and traffic improvements in mind. He
said if all housing, we believe that there is enough capacity already there so there would be very
little improvements needed. He said going to anything office or retail would probably trigger
some major improvements, upwards of over $5 million. He said the majority of that is dealing
with the Highway 169 ramps.
Commissioner Runck asked if that was because they're outdated. Housing Program Manager
Barnes responded that they will not work for those volumes of traffic and intensified uses,
particularly during peak traffic times.
Commissioner Stein stated that he didn't think anyone ever considered this site to be all office
and retail.
Commissioner Caryotakis asked with this kind of redevelopment, is it voluntary for the property
owners to decide to cooperate. Housing Program Manager Barnes confirmed affirmatively. He
said that at an earlier discussion there was no interest in eminent domain. Commissioner
Caryotakis asked if we would have to be able to cover the costs of having them move. Chairman
Kulaszewicz stated if they even wanted to. Commissioner Stein stated that the city council
would provide a letter to the property owners that the city is interested in seeing redevelopment if
it ever got that far. Housing Program Manager Barnes stated that if the redevelopment was
going to be done on this or any other site that the HRA or city could be a partner in the project
and provide assistance based on what the lead developer requested and what the HRA and/or city
felt was reasonable.
Commissioner Runck stated that if the rents at that site could be high enough, that it might make
sense to have a developer contribute more and less would be needed from the city and then
maybe the numbers would make sense. He said that's the variable we need to figure out.
Commissioner Stein stated that if a project occurred and they requested TIF that Ehlers would do
a complete analysis of the project and determine how much TIF the project would need.
Commissioner Runck asked if they would use current market information in their assumptions.
Housing Program Manager Barnes responded that they would use information from the current
market and from the developer themselves. He said that if the developer is asking for the public
subsidy, they have to meet the "but -for" test. He said they have to make the case that "but -for"
public assistance or this project would not be financially feasible.
Housing Program Manager Barnes suggested this item be tabled until next month's meeting so
that Commissioner Willis has a chance to weigh in with thoughts.
Commissioner Caryotakis stated that he thinks we would find pretty good interest in doing
multifamily in this project and it's a good location. Commissioner Stein stated that up until two
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Plymouth Housing and Redevelopment Authority
March 22, 2012
Page 6
to three years ago, multifamily was all that was being built in the city. He said now we are
seeing more single family homes being built. He mentioned that Dominium Development was
getting ready to submit an application to the city for an affordable housing project that would be
multi -family. Housing Programs Manager Barnes indicated that Dominium has indicated they
will ask the HRA for funds to help the project.
Chairman Kulaszewicz asked if it would be a TIF district kind of thing. Housing Program
Manager Barnes responded that he didn't believe it would really warrant creating a TIF district.
MOTION by Commissioner Stein, seconded by Commissioner Caryotakis, to continue
discussion of the properties located in the industrial area southeast of Medicine Lake to the April
26, 2012 HRA meeting. Vote. 4 Ayes. MOTION approved.
C. Election of Officers.
Commissioner Stein nominated Commissioner Kulaszewicz as Chairman. MOTION by
Commissioner Stein, seconded by Commissioner Caryotakis, to approve Commissioner
Kulaszewicz as Chairman. Vote. 4 Ayes. MOTION approved.
Commissioner Stein nominated Commissioner Caryotakis as Vice Chairman. MOTION by
Commissioner Stein, seconded by Chairman Kulaszewicz, to approve Commissioner Caryotakis
as Vice Chairman. Vote. 4 Ayes. MOTION approved.
Chairman Kulaszewicz nominated Commissioner Runck as Secretary. MOTION by
Commissioner Stein, seconded by Chairman Kulaszewicz, to approve Commissioner Runck as
Secretary. Vote. 4 Ayes. MOTION approved.
D. Request for Special Meeting.
Housing Program Manager Barnes requests a special meeting to approve the development
agreement and related documents with Oppidan Development for Tax Increment Financing
District 1-3.
Housing Program Manager Barnes stated the Board adopted the modification to the tax
increment financing plan for TIF 1-3 at the August 25, 2011 meeting. He said Oppidan believes
they have all of their users identified at this point. He said that Shelter Corp (which is proposing
the senior assisted living facility), McDonalds and The Davis Group will be the end users on the
site. He said they have a purchase agreement with The Davis Group for a medical office
building that will go on the eastern portion of the site. He said that Shelter Corp has submitted
their building plans and they need to start taking action on the sale of the parcels and filing the
final plat. He said Oppidan has requested a special meeting some time between April 5th and
April 14th so they can close on April 15th
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Chairman Kulaszewicz asked if they had wanted funding up front. Housing Program Manager
Barnes responded the funding is just under $1.9 million and will be in the form of pay as you go.
Commissioner Runck asked if this had all been approved by the Planning Commission. Housing
Program Manager Barnes replied that the whole development has been approved as a PUD so
they will have to come back for an amendment to the PUD for the medical office building.
Chairman Kulaszewicz stated the developer did try to pay special attention to the neighbors
adjacent to this site. Housing Program Manager Barnes added that they made some changes to
work with the residents who will sit behind the senior building and McDonalds.
MOTION by Chairman Kulaszewicz, without objection, to approve the request for a special
meeting on Tuesday, April 10, 2012 at 6:30 p.m. to approve the development agreement and
related documents with Oppidan Development for Tax Increment Financing District 1-3.
MOTION approved.
Commissioner Runck asked to discuss information provided by staff in their meeting packets.
He referred to the city of Woodbury's program for interest -only deferred loans to help purchase
foreclosed homes. He said this seems to be a practical program for folks to get houses. Housing
Program Manager Barnes responded that we have been very fortunate with foreclosures in our
city. He said that right now we are sitting under 4%, with around 140 homes out there at some
various stage of foreclosure according to the Hennepin County website. He said we are not out
of the woods but it has been very stable. He said the Woodbury program is keyed to
foreclosures. He said he didn't know if it was a huge issue that you would have a lot of interest
in Plymouth. He said Woodbury is using their local tax dollars to run the program. He said that
is something that the city has never done as our First Time Homebuyer program has always been
federal CDBG funds.
Commissioner Caryotakis stated that it's a challenging project.
Chairman Kulaszewicz stated they seem to have created a pool of funds from property tax
dollars that they loan out and receive interest payments back with the interest payments
continuing to fund the program. He said it doesn't seem to be a bad idea and asked how much
funds would be needed to start the program with.
Commissioner Caryotakis asked how fast the funds would come back to you because the loans
are going to be a very slow recycle.
Housing Program Manager Barnes stated to also consider that the First Time Homebuyer
program was not funded for the upcoming year so it will most likely run out of money. He said
if this is something that the Board would like staff to look at, we could look at what other
communities are doing. He said that when you use tax dollars, you get more flexibility in how
you design that program because we are not tied to the federal regulations. He said there is about
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$1.4 million in the unrestricted reserve account. He said there are other programs that could be
looked at, such as, rehabilitation or energy improvement loan programs.
Commissioner Stein asked how this would be different from the $25,000 First Time Homebuyer
program. Housing Program Manager Barnes responded the only differences he sees in the
Woodbury program is they restrict it to foreclosed properties, they serve a higher income limit
and they are receiving interest back on it. He said they have a balloon payment at the end of 30
years just like our current program does and they can serve a broader range of potential buyers.
Commissioner Stein asked if we have had more people call than we can serve and is the income
limit restrictive. Housing Program Manager Barnes confirmed affirmatively. He said for every
one we approve, we deny two based on income because they are over the limit. He said that
there are not a lot that are denied but they are within $10,000 to $15,000 over the income limit so
they would be under 100% of median income for our area. He said Woodbury used 115% of
median income and they probably used that figure because a few of the programs offered
through the State of Minnesota's Housing and Finance Agency go up to that limit.
Chairman Kulaszewicz asked what our household median is. Housing Program Manager Barnes
responded that we are restricted by HUD but our median income is around $90,000.
Chairman Kulaszewicz asked if the Woodbury program does anything to help preserve the
property market value or is that already gone because it is a foreclosed property. Housing
Program Manager Barnes replied that he is unsure if anyone has studied this yet. He said it may
be better to look at a program that prevents foreclosures and, therefore, would help to preserve
values.
Chairman Kulaszewicz stated that a program that would help people from getting foreclosed on
and maintaining the property value is something that would interest him but he didn't know how
you would do that. Housing Program Manager Barnes responded that there are a number of
programs that operate right now if someone is four or five months behind they can get a loan to
catch them up. He said the Minnesota Housing Finance Agency operates that program and they
work with housing council centers to run the programs.
Commissioner Caryotakis stated that the major banks have been sued and part of that settlement
is the banks are supposed to provide some kind of assistance for folks in foreclosure. He said
what the qualifications are for those people and what kinds of assistance the banks are going to
provide are unknown but it might be a situation where if someone would qualify and if they met
certain criteria, having some kind of assistance might take them over the hurdle. Chairman
Kulaszewicz added which may keep the house from being foreclosed and which may help you
maintain your overall property values and give you more property taxes.
Commissioner Stein asked if staff has received phone calls from people looking for foreclosure
assistance. Housing Program Manager Barnes responded that we don't get a lot and when we do
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we refer them to CAPSH. He said their foreclosure prevention program is their fastest growing
program that they have right now and they are serving a good number of people in Plymouth.
Commissioner Stein stated that he didn't want to take a lot of staff time but if they think there is
a program out there that would benefit the community that we are not providing and that
wouldn't take tax dollars or would be a self funding program from our reserves, he would like to
hear more about it. Housing Programs Manager Barnes said staff would research what other
communities are providing and see if there is something that would be beneficial for Plymouth
residents.
Chairman Kulaszewicz made a recommendation to staff to look at a few programs to see if there
is something out there that we could do to further assist our residents.
Housing Program Manager Barnes stated that staff would look into programs like Woodbury's
First Time Homebuyer program and some foreclosure programs and report back to the Board.
4. ADJOURNMENT
MOTION by Chairman Kulaszewicz, without objection, to adjourn the meeting at 8:00 p.m.
MOTION approved.
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APPROVED MINUTES
PLYMOUTH HOUSING AND REDEVELOPMENT AUTHORITY
SPECIAL MEETING
April 10, 2012
PRESENT: Chairman Jeff Kulaszewicz, Commissioners Paul Caryotakis and Carl Runck
ABSENT: Commissioners Bob Stein and Jim Willis
STAFF PRESENT: Housing Program Manager Jim Barnes and Executive Director Steve
Juetten (arrived at 6:55pm)
OTHERS PRESENT: Paul Tucci, Oppidan Inc.
1. CALL TO ORDER
Chairman Kulaszewicz called the Plymouth Housing and Redevelopment Authority meeting to
order at 6:33 p.m.
2. NEW BUSINESS
A. Oppidan Development. Review and approve development agreement with Oppidan for
TIF District 1-3 for redevelopment of the Plymouth Shopping Center located on State Highway
55 just west of County Road 73..
Housing Program Manager Barnes informed the Board that one of the end users, Shelter Corp.,
had raised a couple of last minute issues with the Development Agreement. He indicated that the
issues related to who was responsible for the public improvements being undertaken on the site
and who they would be able to sell their facility to if they decided to sell in the future. Barnes
then asked the Board to table the item to provide staff with time to attempt to resolve these issues
with the HRA's attorney and Shelter Corp.
Chair Kulaszewicz discussed his understanding of what the minimum assessment agreement is
and why it is needed. Housing Program Manager Barnes confirmed that his understanding of the
document was correct.
Commissioner Runck asked if the Declaration of Restrictive Covenants was a standard document
used by the City and HRA. Housing Program Manager stated that it was.
Oppidan Inc. representative Paul Tucci gave the Board a status update on the project.
Commissioner Runck asked if the City requires Oppidan to get competitive bids for the project.
Housing Programs Manager Barnes stated we do not. Mr. Tucci told the Board that there costs
are a lot higher than what is being covered by the TIF and that they did seek multiple bids for
their project.
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Chair Kulaszewicz asked Mr. Tucci who are the Affiliated Entities with Oppidan that the project
may be transferred to. Mr. Tucci indicated that they do have Affiliated Entities but it would not
make any sense for them to transfer the project to another entity they control. He also stated that
they do not have any intention of transferring the project.
MOTION by Commissioner Caryotakis, seconded by Commissioner Kulaszewicz, to table the
item and consider it at the April 26th HRA meeting. Vote. 3 Ayes. MOTION approved.
3. ADJOURNMENT
MOTION by Chairman Kulaszewicz, without objection to adjourn the meeting at 7:10 p.m.
MOTION approved.
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Approved Minutes
City of Plymouth
Planning Commission Meeting
April 18, 2012
MEMBERS PRESENT: Chair James Davis, Commissioners Dick Kobussen, Nathan
Robinson, Gordon Petrash, Scott Nelson, Bryan Oakley and Marc Anderson
STAFF PRESENT: Planning Manager Barbara Thomson, Senior Planner Marie Darling and
Office Support Representative Janice Bergstrom
1. CALL TO ORDER - 7:00 P.M.
2. PLEDGE OF ALLEGIANCE
3. PUBLIC FORUM
4. APPROVAL OF AGENDA
MOTION by Commissioner Anderson, seconded by Commissioner Petrash, to approve the
April 18, 2012 Planning Commission Agenda. Vote. 7 Ayes. MOTION approved.
5. CONSENT AGENDA
A. APPROVAL OF THE APRIL 4, 2012 PLANNING COMMISSION MEETING
MINUTES
MOTION by Commissioner Petrash, seconded by Commissioner Robinson, to approve the
April 4, 2012 Planning Commission Meeting Minutes. Vote. 7 Ayes. MOTION approved.
6. PUBLIC HEARINGS
A. RYLAND HOMES (2012012)
Chair Davis introduced the request by Ryland Homes for rezoning to RSF-3, preliminary plat
and subdivision variance for "Arbor Grove 3rd Addition" for 14 single family lots.
Senior Planner Darling gave an overview of the staff report.
Chair Davis introduced the applicant, Michael Ramme, Ryland Homes. Mr. Ramme said they
plan to develop this project in one phase and would begin grading later this summer. He said
they would like to have a home constructed for the fall Parade of Homes and would begin selling
homes in fall of 2012. Mr. Ramme said he assumed the final build out would occur by mid -
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2014. Mr. Ramme reviewed the home styles and said the price range would be in the $370,000
to mid -$400,000 range.
Chair Davis asked how the roads from this site would interface with Arbor Grove 1 and 2 and the
adjacent properties.
Mr. Ramme introduced Dave Nash, who explained the roads do not connect, and the only
connection is through the trail. He added the trail will connect to Zircon Lane. Mr. Nash said
ghost plats are provided for the property to the north and south.
Chair Davis asked about a connection to the hammerhead.
Mr. Nash said there is a small parcel guided for lower density residential use on the north side.
Commissioner Anderson discussed the ghost plat and asked if Ryland has any control on the
properties north or south at this time or if the property owners had reviewed the ghost plat.
Mr. Nash said they have no formal control of those properties at this time, and he didn't believe
the property owners had seen the ghost plat.
Commissioner Anderson asked if the city or the property owners would maintain the pond on
Lot 1 Block 2.
Senior Planner Darling said the city has taken over maintenance of ponds in the city.
Commissioner Anderson asked if there is sufficient access for such maintenance.
Mr. Nash said the access will be from the trail.
Chair Davis opened and closed the public hearing as there was no one present to speak on the
item.
MOTION by Commissioner Petrash, seconded by Commissioner Anderson, to approve the
request by Ryland Homes for rezoning to RSF-3, preliminary plat and subdivision variance for
"Arbor Grove 3rd Addition" for 14 single family lots. Vote. 7 Ayes. MOTION approved.
B. CITY OF PLYMOUTH (2012019)
Chair Davis introduced the request by the City of Plymouth for a zoning ordinance amendment
to include potbelly pigs in the definition of farm animals.
Planning Manager Thomson gave an overview of the staff report.
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Commissioner Robinson asked if the language could be changed from "hogs" to "swine", as that
would cover everything. He questioned whether a Vietnamese Teacup Pig would be covered
with the proposed definition.
Planning Manager Thomson said staff didn't look at "swine" as an option, but said the Teacup is
a type of potbelly, so it would be covered.
Chair Davis opened and closed the public hearing as there was no one present to speak on the
item.
Chair Davis said he would vote to approve this.
MOTION by Commissioner Nelson, seconded by Commissioner Kobussen, to approve the
request by the City of Plymouth for a zoning ordinance amendment to include potbelly pigs in
the definition of farm animals. Vote. 7 Ayes. MOTION approved.
7. NEW BUSINESS
8. ADJOURNMENT
MOTION by Chair Davis, with no objection, to adjourn the meeting at 7:22 p.m.
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Notes of Meeting with Three River Park District
April 17, 2012
Three Rivers Park District -- Board Chair Larry Blackstad, Board member Sara Wyatt,
Superintendent Chris Gears, Chief of Planning Jonathan Vlaming
City of Plymouth — Mayor Slavik, City Manager Laurie Ahrens, Public Works Director Doran Cote
Three Rivers Park District has adopted a new Strategic Plan which emphasizes collaboration and
relationships with other units of government. District representatives plan to periodically meet
with city officials to share information and discuss issues.
The Park District has more direct contact with Plymouth than perhaps any other city, due to the
headquarters location and past joint projects. We enjoy a very positive relationship.
The District is receiving demands to have more regional trails maintained in the winter
throughout the district, and they are studying this policy and associated financial resources. The
City described its winter trail maintenance practice.
The French Regional Park Master Plan will be updated over the next two years, and city
involvement will be requested. A dog park was previously proposed at French Park on
property the City had deeded to Three Rivers. Three Rivers abandoned that plan on the specific
site when concerns were discussed. Supt. Gears noted that a nearby erosion issue was also
successfully resolved with open communication between the District and the City.
Supt. Gears explained legislation relating to the distribution of Legacy Funds. Support will be
needed in future years to ensure that the metro area receives a fair share of the funding.
Manager Ahrens suggested that the Park District provide detailed information to cities and
request support as a legislative priority for next session.
Three Rivers has a coyote management policy, and they would like the cities of Plymouth and
Maple Grove to adopt it for consistency.
Post meeting — Park Director Diane Evans was unable to attend the meeting but notes there is
an open issue which needs resolution. Eric Blank and Del Miller had many "hand -shake"
agreements on land swaps between the City and Three Rivers in the past. City and Park District
staff spent a lot of time in 2011 working on documentation and agreements to finalize and
resolve the land swap issues. However, the issue remains unresolved. The City believed that the
issue could be finalized as part of the Trillium Woods project, but agreement was not reached.
The Park District has indicated that future items will be requested relating to the Bassett Creek
Trail and the Medicine Lake Regional Trail. The City would like to resolve the issues now so that
there are no delays in the future. It has not seemed to be a priority for the Park District. Diane
and Chris are meeting to discuss.
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