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Home My WebLink AboutCouncil Information Memorandum 07-19-2012CITY OF PLYMOUTH rp) COUNCIL INFO MEMO July 19, 2012 EVENTS/MEETINGS July, August, September 2012 Official City Meeting Calendars......................................................... Page 2 Tentative List of Agenda Items for Future City Council Meetings ..................................................... Page 5 CORRESPONDENCE Article - Hennepin County Administrator to Leave Job, StarTribune................................................. Page 6 Article - Hiding at Gas Pumps: Credit Card Skimmers, StarTribune................................................. Page 7 Article - Minneapolis, St. Paul Gain as Growth Shifts from Burbs, StarTribune ............................... Page 8 Article - Lessons Learned from Installing LED Traffic Signals: Ten Years Later, APWA Reporter.. Page 11 Article - Jeff Johnson - Lowering Number of Watershed Organizations, The Pioneer Newspaper .. Page 12 News Release — MNDOT Re: Southbound Interstate 494 Closures July 20 — 22 ................ Page 14 Project Memorandum Re: Luce Line Trail Bridge over Xenium by SRF Consulting ......... Page 15 Article — City Pulls the Plug on Gun Range, Plymouth Sun Sailor ...................................... Page 18 Article — Plymouth Shopping Center Disappearing, Plymouth Sun Sailor .......................... Page 21 Letter to Property Owners — Rezoning, Preliminary Plat for 5205, 5250, 5330, 5350 .................... Dunkirk Lane (201204 1) ...................................................................................................... Page 23 Letter to Property Owners — Variance for Detached Garage (201205 1) ............................... Page 24 REPORTS July CIM Report - Plymouth Creek Center........................................................................................ Page 25 HCAFC Correctional Facility Population Report .............................................................................. Page 26 MINUTES Adopted Planning Commission Minutes 06/15/12............................................................................ Page 27 Page 1 rCity of 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 CANCELLED ENVIRONMENTAL COUNCIL MEETING 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 25 7:00 PM 26 7:00 PM 27 28 7:00 PM PLYMOUTH HRA MEETING REGULAR ADVISORY Medicine Lake Room COUNCIL MEETING Council Chambers COMMITTEE ON TRANSIT (PACT) STUDY SESSION Medicine Lake Room 29 30 31 CITY COUNCIL FILINGS OPEN Modified on 07119112 r� City of Plymouth Adding Quality to Life August 2012 Modified on 07119112 1 2 3 4 7:00 PM 7:00 PM PLANNING HUMAN RIGHTS COMMISSION COMMITTEE MEETING MEETING Council Chambers Medicine Lake Room 5 6 7 8 9 10 11 2:30-5:00 PM 7:00 PM NIGHT TO UNITE ENVIRONMENTAL KICKOFF QUALITY Plymouth Creek Center COMMITTEE (EQC) MEETING 6:30-9:30 PM Council Chambers NIGHT TO UNITE 12 13 14 15 16 17 18 PRIMARY 7:00 PM ELECTION DAY PLANNING COMMISSION 8:00 PM MEETING REGULAR COUNCIL Council Chambers MEETING Council Chambers CITY COUNCIL FILINGS CLOSE 5:00 PM 19 20 21 22 23 24 25 6:00 PM SPECIAL COUNCIL 7:00 PM 7:00 PM MEETING PLYMOUTH HRA MEETING Budget Study Session ADVISORY Medicine Lake Room Medicine Lake Room COMMITTEE ON TRANSIT (PACT) MEETING Medicine Lake Room 26 27 28 29 30 31 7:00 PM REGULAR COUNCIL MEETING Council Chambers Modified on 07119112 City of Plymouth Adding Quality to Life September 2012 Modified on 07119112 1 2 3 4 5 6 7 8 7:00 PM PLANNING COMMISSION LABOR DAY L MEETING Council Chambers CITY OFFICES CLOSED 9 10 11 12 13 14 15 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 16 17 18 7:00 PM 19 7:00 PM 20 21 22 REGULAR COUNCIL PLANNING MEETING COMMISSION Council Chambers MEETING Council Chambers Rosh HoShanah Begins at Sunset 23 24 25 26 7:00 PM 27 7:00 PM 28 29 PLYMOUTH H PLYMOUTH HRA MEETING FIREFIGHTERS 5K ADVISORY Medicine Lake Room Fire Station #2 COMMITTEE ON 11:30 AM TRANSIT (PACT) PLYMOUTH ON STUDY SESSION PARADE Medicine Lake Room CELEBRATION i City Center Area Yom Kippur /q o Begins at Sunset Modified on 07119112 Tentative Schedule for City Council Agenda Items August 14, Regular, 8:00 p.m., Council Chambers August 21, Special, 6:00 p.m., Medicine Lake Room • Budget 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 • Announce Plymouth Firefighters 5K Run on September 22 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 • Announce Fire Department Open House on October 20 October 23, Regular, 7:00 p.m., Council Chambers • Announce Halloween on the Creek on October 31 November 13, Regular, 7:00 p.m., Council Chambers • Canvass 2012 General Election results • Announce Plymouth Arts Fair on November 17-18 November 27, Regular, 7:00 p.m., Council Chambers • Announce Old Fashioned Christmas on December 2 December 11, Regular, 7:00 p.m., Council Chambers • Recognize Police Citizen Academy Graduates • Announce New Year's Eve Event on December 31 Page 5 Hennepin County administrator to leave job at the end of the year KEVIN DUCHSCHERE, Star Tribune Richard Johnson, the calm and steady hand on Hennepin County's tiller since 2007, said Wednesday that he will step down as county administrator at the end of the year. Johnson, 66, said he felt like it was time to move on and that he had no specific plans for retirement. "I've been thinking about it for some time," he said. "I want to stay active." Over the past five years Johnson has managed an annual budget ranging up to $2 billion, second only in size in Minnesota to the state budget. During that time Hennepin County has shrunk its budget to $1.65 billion and reined in its workforce mostly through attrition and reassignments while tackling projects such as building Target Field and merging Minneapolis city libraries with the county library system. "The last few years have really been a storm for local government, both in terms of the economy and the State Capitol and in terms of our own initiatives," said Mike Opat, chairman of the County Board. "Richard's had to respond to those, and we've seen no lapses in anything. He's been invaluable." Opat said he is confident there is enough time to set up a search process and find Johnson's successor by the time Johnson leaves. Johnson had been Hennepin County's deputy administrator for seven years when Sandy Vargas left the position of county administrator in 2007 to become head of the Minneapolis Foundation. The board soon hired Johnson to take her place. "It's been a tough financial road, but we've been able to weather the storm" by working within budget constraints and finding more efficient ways to deliver services, Johnson said. Kevin Duchschere • 612-673-4455 Page 6 Hiding at gas pumps: Credit-card skimmers ABBY SIMONS, Star Tribune Card -skimming devices like those discovered by authorities at a local gas station last week are difficult if not impossible to spot with the naked eye, but consumers can protect themselves with a few precautions, Plymouth's police chief said Friday. The devices, designed to copy and steal credit card information, were found installed last week in six of eight pumps at a New Hope gas station as part of an investigation that led to the arrest of a California couple. Sarkis Mkhsyan, 29, and Gohar Yesayan, 28, of Van Nuys, Calif., each were charged with nine felonies related to the scam. They remain in the Hennepin County jail in lieu of $1 million bail each. A search of the couple's car uncovered elaborate software and a handwritten list of more than 100 local gas stations. Plymouth Police Chief Mike Goldstein, whose department arrested the couple and is leading the local investigation, said police departments are checking with gas stations on the list to determine whether other devices were installed. Goldstein said that older skimming devices used by criminals were visible if you knew where to look, but criminals now install the devices inside the pump. During a search of the couple's car, police found a screwdriver and cordless drill, along with a computer and the skimming software. "In short, it's very difficult for someone to know whether or not they are being victimized in this situation," he said. Goldstein said it's safest for customers to pay for their gas inside the store, despite the inconvenience. If you do pay at the pump, he said, it's safer to use your credit card than your debit card; while money stolen from a debit account is gone, credit card companies often can stop illegal transactions. The police chief said his department is urging gas station managers to occasionally inspect the insides of their pumps to ensure skimmers haven't been installed. Goldstein said the theft ring is believed to be "widespread" and connected to Mkhsyan's May arrest in California, where he was caught with 40 Social Security numbers and fraudulent credit cards in different names. Abby Simons • 612-673-4921 Page 7 Minneapolis, St. Paul gain as growth shifts from `burbs • Article by: DAVID PETERSON , Star Tribune • Updated: July 16, 2012 - 11:01 PM Met Council's report suggests a reordering of spending priorities. Minneapolis and St. Paul are adding new residents by the thousands, reversing a decades -long trend of population losses to the suburbs and possibly reordering priorities for things like spending on highways and transit. At the same time, the portion of the metro's growth taking place in developing suburbs like Belle Plaine plunged from roughly 90 percent last decade to less than 40 percent, as big multi -family projects in inner -ring suburbs rose in importance. The sudden shift in urban fortunes was outlined Monday in the Metropolitan Council's yearly population estimates, and immediately hailed by opponents of urban sprawl as a key moment. The shift is national in scope: Based on the latest Census Bureau estimates, released last month, a Brookings Institution analyst calculated that cities across the country are outgrowing suburbs for the first time in 100 years, pointing to Minneapolis as a case in point. "This is a tipping point, a watershed moment," declared Jim Erkel of the Minnesota Center for Environmental Advocacy, who tracks population numbers. Suburban leaders, however, cautioned that the U-turn could just be a phase. Council analysts, too, warned against making too much of a single year's numbers. But some council members talked of a clear societal change in the making. "There is going to be a huge shift," in terms of the aging of the population alone, Council Member Gary Cunningham, who heads a key committee, told colleagues Monday, "and I'm not clear on what we're thinking or doing or what does this mean for us." Whether or not it portends a permanent shift, from 2010 to 2011 Minneapolis grew by 5,295, to 387,873, the Met Council reckons, while St. Paul rose by 1,299, to 286,367. Woodbury and Blaine were the top growth suburbs, adding 1,182 and 1,145, respectively. But in a telling stroke, the once -soaring exurb of Belle Plaine actually saw a decline. Page 8 Behind the shift lie familiar trends: empty nesters heading for smaller quarters as the number of young, city -loving adults rises. "We grew, as people, tired of cities rife with crime, drugs and gangs," said Scott County Administrator Gary Shelton, "and moving out to the country, or to that nice house in suburbia, became the ideal. I do think the pendulum is shifting back some. Do I want to keep paying that $3,000 mortgage and payments on two cars, or would it maybe be nicer in that condo or loft in the cities as crime has come down substantially?" But he and others caution against pushing too many chips into the cities' corner just yet. "Minneapolis decades back built a great trolley system," Shelton said, "and then got rid of it because who would want that? Now we're spending billions to build them back," and the metro area risks a similar mistake if it neglects to keep up with the needs of suburbanites. Met Council analyst Todd Graham, in an analysis accompanying the numbers, speculated that "limited financial resources" may be encouraging a spurt in rentals that is fueling the core -city numbers, adding: "We need to be cautious about inferring trends from one year." In one sense, it's a sudden shift. As recently as March 2011, based on results from the 2010 census, Met Council analysts said: "Nearly all of the region's population growth is occurring in the second- and third -ring suburbs ... Led by Shakopee's addition of 16,508 people over the decade, [the five suburbs with the greatest growth collectively] added 68,206 people, or nearly one-third of the decade's net growth." Minneapolis, by contrast, actually lost 169 residents from 2000 to 2010, while St. Paul declined by nearly 1,800. These days, thousands of new central -city living units are thought to be in the development pipeline, meaning homebuilders are betting that something more permanent is going on. Conversely, there's also an uptick this year in single-family building permits in some outer -ring suburbs. Savage, for instance, saw a leap in attached housing, year to date, from just a handful last year at this time to nearly 70. "I talked to someone the other day who'd just bought in Savage," said that city's mayor, Janet Williams, "and they said 'Location: It's close to downtown," especially in an era when MnPass can guarantee quick escapes from rush-hour messes, "and close to the airport and close to everything we need.' I think those of us closer in [than rural exurbs] Page 9 have that going for us, though I'm happy to see progress in the core areas as well. We're all in this together." David Peterson • 952-746-3285 Page 10 Lessons learned from installing LED traffic signals: ten years later Jeff Ramsey, P.E. City Engineer/Director of Public Works City of Auburn, Alabama Member, APWA Transportation Committee oes changing from incandescent bulbs in traffic signals to LED lamps actually save money? We did an assessment and to our surprise, the switch saved us even more than we had anticipated. The combination of maintenance and energy cost savings resulted in a payback period of four years, which was a full three years shorter than we had estimated. In early 2003, the City of Auburn replaced all of the incandescent bulbs in our 48 traffic signals with Light Emitting Diodes (LED). At that time not many cities had switched from incandescent bulbs to LED lamps. As engineers we are cautious about trying new technologies. We like to allow others to discover the shortcomings of the technology so we can minimize failures. The energy cost savings realized by replacing the incandescent bulbs and the longer life of the LED lamps were the main reasons we decided to make the change. Traffic signals traditionally required 150 -watt bulbs to provide the illumination necessary to meet the federal guidelines. At a typical intersection we had 32 incandescent bulbs. At the time the average energy cost of operating an intersection was $966.48 annually. The new LED signal heads required only 14 watts of electricity to operate. We determined the typical LED intersection would cost $217.44 annually to operate. The project required replacement of 362 red balls, 358 green balls, 85 green arrows, and 61 red crosswalk signals. The expected savings in energy cost was determined to be $20,248.85 per year. Considering only the energy cost, it was estimated the project would pay for itself in 7.32 years. This analysis assumed no energy cost increase for seven years. Another desired feature of the LED signals was the long life of the lamp. The typical life of the LED lamp was projected to be 10 years. We were changing an average of 15 incandescent bulbs per week at an average replacement cost of $20 per bulb. We estimated an expected annual savings of $15,600 on the cost of labor and materials needed to maintain the bulbs. Combining the energy savings and labor and materials savings, we determined the project would pay for itself in 4.1 years, with a total savings of $358,488. Usually when we speak of "unattended consequences" it is in a negative manner. However, in this situation the unattended consequences proved to he beneficial. Because of the lower power consumption, we were able to install an uninterrupted power supply (UPS) at all our intersections. Previously, a typical intersection would draw 3,450 watts of power to run the signals. With the switch to LED lamps we are able to reduce the power drawn to 448 watts. The much Iower wattage draw made it feasible to install a UPS that would run the intersection from two to four hours. The two -hours run time is more than enough time for most power outages. We are able to provide for a safer traffic flow during major weather events (when most power outages occur). Use of the UPS was not part of our discussion and analysis when making the decision to switch to LED, but it has been extremely beneficial to the City. Another advantage of the UPS is cleaner power which has reduced the failure rate for controls and other circuit boards. Prior to use of the UPS we experienced power surges that damaged equipment and put signals in flash mode. Overtime call -outs have been reduced to almost none since we installed the LED and UPS systems. The reduced workload has allowed us to put off hiring additional staff, even as we continue to add new signals. We have been able to step up maintenance and rebuild older signals to minimize signal failures. Here again is another unattended consequence of switching to LED traffic signals. I have heard from colleagues in northern states that icing of the lamps can be a problem in the winter. This is due to not enough heat being generated to keep the lens free of ice and snow. However, in Alabama this has not been a problem. We have now replaced all of the downtown streetlights with LED lamps and are hopeful of the same results as our transition to LED traffic signals. Due to the positive outcome of our switching to LED lamps, the City of Auburn now uses LED lights exclusively, and the total savings are expected to be $89,622 annually. For more information on how you can make this switch, contact Jeff Ramsey, Public Works Director, at (334) 501- 3000 or iramsey@auburnalabama.org. July 2012 APWA Reporter 85 Page 11 � i o pi r -,,F -R N) r,_,A 0 o R - n K A- 10 Jeff Johnson proposing to lower number of watershed organizations �( Ely Amanda schwarze ! V staff writer Published: Friday, July 6, 2012 1:36 PM CDT A Hennepin county commissioner is working on a proposal that would reduce the number of agencies that are in charge of the county's watersheds. commissioner Jeff Johnson (Dist. 7) outlined his plan for the Maple Plain City Council at its June 25 meeting. Johnson said he was still working on the plan and that he would need support from his fellow county commissioners before he would present a proposal to state lawmakers. .Johnson said that there are currently 11 watershed districts or watershed management organizations operating in the county. some parts of the county, he said, spend very little money on watershed agencies while others spend a great deal of money on the agencies. To help spread the money more equitably around the county, Johnson said he wanted to consolidate the 11 agencies into three agencies. Each of the three watershed districts, Johnson said, would have taxing authority and all of district board members would be elected officials - either city councilors or mayors from the area. currently, some watershed officials are appointed rather than elected. Minnehaha Creek watershed District (MCWD) Administrator Eric Evenson said that he can understand concerns about money and appointed officials. Evenson said that the difference in money that watershed agencies receive could at least be partly attributed to the size of the watersheds. The MCWD includes Lake Minnetonka, the Minneapolis Chain of Lakes, Minnehaha Falls and Minnehaha creek. In all, the MCWD includes eight major creeks, 129 lakes and thousands of wetlands. Evenson said that the MCWD has more projects to undertake than smaller watersheds. The question of having elected officials rather than appointed officials serve on the watershed boards is a philosophical one, Evenson said. He said that he understands that some people want elected officials to run agencies with taxing authority. The MCWD is governed by a seven -member board of managers. Evenson said that the Hennepin and carver County Hoards appointed the board members, so they are then held accountable to the county commissioners. In addition, Evenson said, county officials can appoint people with specific backgrounds that could be of most benefit to the watershed. If a district is having money problems, they can appoint someone with a financial background or if it is in a mainly agricultural area they can appoint someone with an agricultural background. "I can understand both sides," Evenson said. During the June 25 Maple Plain City council meeting, Councilor Jerry Young questioned why .Johnson was proposing to consolidate the 11 agencies to three rather than to just one agency. Johnson said that having one agency was an option and that the Hennepin county Board could serve as the water management organization. "1'm not thrilled about that because Iprefer to have people who are focused more on the water issues than we would be as a board since we, focused on so many other things," Johnson said. He also said that there could be interest in having more than one group overseeing the different watersheds in the county. Young asked if consolidating the agencies would save money. Johnson said that a little money would be saved on administrative costs. The two biggest changes with Page 1 Page 12 Untitled his proposal, he said, would be spreading money somewhat more equitably around the county and requiring watershed boards to be governed by elected officials. 3ohnson said he would take time to continue working on his plan until the start of the next Minnesota legislative session. Prior to presenting his proposal to lawmakers, 3ohnson said he would have it available for city officials to review. Page 2 Page 13 ,I;NESO,. A� 9�p Minnesota Department of Transportation Metropolitan District Waters Edge Building rbF 7aa 1500 County Road B2 West Roseville, MN 55113 News Release Date: July 16, 2012 To be released: Immediately Contact: Bre Grand 651-234-7502 Southbound Interstate 494 closures occurs July 20-22 Resurfacing in Plymouth and Minnetonka continues ROSEVILLE, Minn. — Motorists will experience delays and a detour on southbound Interstate 494 between Hennepin County Road 6 and 1-394 in Plymouth and Minnetonka as the roadway closes at 10 p.m. Friday, July 20. During the closure, motorists will be detoured to eastbound 1-94/1-694, southbound Highway 169 and westbound 1-394. The roadway will reopen by 5 a.m. Sunday, July 22. The closure is needed as crews continue a resurfacing project in this area. The resurfacing will create a smoother ride for motorists and extend the lifespan of the roadway. The entire project is expected to be completed by early August. For real-time travel information anywhere in Minnesota visit 511 mn.org or dial 5-1-1. Page 14 Luce Line Trail Bridge From: Kelcie Young [kyoung@srfconsulting.com] Sent: Friday, July 06, 2012 2:44 PM To: Bassett Creek Recording Administrator Subject: Luce Line Trail Bridge over Xenium Bassett Creek WMC- On behalf of Three Rivers Park District, SRF Consulting Group, Inc. is completing a Project Memorandum (PM) for the proposed grade separated bicycle and pedestrian bridge over CSAH 61 (Xenium Lane) in Plymouth for the Luce Line Trail. The existing at -grade trail crossing and portion of sidewalk on the east side of CSAH 61 between 13th Avenue North and the trail will be removed when the bridge is in place. Sidewalk improvements may also be completed; these improvements would be completed by others but tied to the bridge project. A project map is also attached. The purpose of this letter is to provide you with early notification of the project and request your input regarding issues of concern and recommendations. This information will be used in the PM. We would appreciate it if you could respond by July 30, 2012 with any initial concerns or recommendations. Thanks, Kelcie Young, AICP Senior Environmental Planner SRF Consulting Group, Inc. kyoung@srfconsulting.com 763.475.0010 One Carlson Parkway North, Suite 150, Minneapolis, MN 55447-4443 www.srfconsultine.com Page 15 64 w" �WX + • „. L,,�.,-,.,..,Jr•,•: ��.,,�. 9„"t�1� „y F'� " Vit•. ' yS' Y -... i P5Vf g. SP 091-090-073 STARTBe�on Academy gr ' _ SP 091-090-073 END, ve t -J f4P Kanab-e-c Pine�� ^� Mille lr i`:aA`a x": t ennepin Lacs ; No W, H.� � County,' MND Isant �?, @ burne Chisago ` �f I oieaniocn ., Anoka Project Location Luce Line Trail Wright Washington' o • Hennepm Ramsey N�- Trails Meeker City of 4`` s Plymouth, MN I _ Railroad I McLeod Carver x Renville Dakota ;;:°h :.{ #� `•;°� 250 500 ,.000 s i ;..•`Scott Goodhue '� 'x`� Sibley Al F 6tb _.' Feet Project Location — USGS 24K Luce Line Trail Bridge over 61 SP 091-090-073 Plymouth, MN Figure 2 Page 16 Ave l M ZZ - J O� O n. 16th Ave Y m J i 5th Ave e ` r e 15th Me 14th Ave C. e y ` SP 091-090-073 START •"•`��A� Le Beacon T 13th Ave ��► �L• Academy c �I O J = p►��SP 091-090-073 END 13th Ave LLco 13th Ave 12th Ave �j n��►�` Orchard • 12th Ave 0 m m J C N J p p Mille Kanab-ec-Pine E e Q a Hennepin Lacs -! Isanti h x County, MN I � Burne Chisago Gleanloch Milli[ Project Location 10th Ave Wright' Anoka Washington Luce Line Trail m1. Hennepiq Ramsey Trails Meeker City of0 0 7t Plymouth, MN Railroad A McLeod o � Carver - Renville Dakota Sibley r -)Scott Goodhue o z5o 5oa o00 � Feet Project Location Luce Line Trail Bridge over 61 SP 091-090-073 Plymouth, MN Figure 1 Page 17 SGIs Ne --- _,,�SAILOR Minnetonka - Hopkins - Plymouth - Wayzata - St. Louis Park - Excelsior City pulls plug on Police gun range By Jordan Langer on July 17, 2012 at 10:44 am Ongoing maintenance issues and costly repairs have led to the closure of the Plymouth Police Department's gun range, said Police Chief Mike Goldstein. At the City Council meeting July 10, Goldstein outlined many of the issues that compelled the department to study the range's long-term viability and cost of operations. Based on those factors, the council directed the range to be closed once an alternative gun range for the police officers' training was confirmed. Built in 1989 and located in the basement of Fire Station III, an unsolved water issue has led to damaged equipment and a "massive mold outbreak throughout the facility," in 2011 that caused $21,000 to be spent on repairs, according to a document prepared by Deputy Chief Dan Plekkenpol. The water -related problems have been attributed to a leak in the foundation from the first floor and from a leak on the north interior wall. In addition to the annual operational cost of around $49,000, the city has spent approximately $174,000 on upgrades since the range opened, according to the document. Page 18 Spurred by the "ongoing maintenance issues, unpredictability and limitations" of the gun range, Goldstein explored several alternative locations where the police officers could conduct their firearms training. Of the three locations under consideration, the Maple Grove Range and Training Center was the most enticing because of scheduling, state of the art equipment and proximity to Plymouth, said Goldstein. Plymouth is exploring entering into a partnership with the Maple Grove Police Department to share the range, according to the document. The alliance would avoid duplication of facilities and conserve public dollars, said Goldstein. The operational cost of the Maple Grove range, which is under construction and won't open until December, is projected to be $250,000. If a joint powers agreement is forged, the two municipalities would pay $125,000 annually. Because the range will be open to the public and other police departments, around $10,000 to $15,000 in revenue will be generated annually with both cities sharing the proceeds, said Goldstein. Plymouth police officers will perform their final training of the year at the Southwest Metro Training Facility in Edina and Camp Ripley in Little Falls. Page 19 The closure inevitably affects the Minnesota Department of Natural Recourses' youth firearm training program that was scheduled to be held at the range Aug. 18. Youth firearms instructor and Plymouth resident Dave Larson said the City Council's approval to close the range was "abrupt and shameful." Larson said he already has youth signed up for the class and doesn't know what facility they will use. Goldstein said the class can still use the classroom at City Hall but will need to find an alternative site for its shooting exercise. "While no assurances can be made at this point, our hope going forward (2013 and beyond) is to be able to provide an opportunity for them at the facility where we end up to complete our range training," said Goldstein. "Time will tell if that can occur." The option for youth in a DNR firearms training course to use the Plymouth Police Department's gun range was only recently granted when the legislature paved the way. The bill, which Larson championed, allows youth in a DNR firearms safety course to use publicly owned shooting ranges in the seven -county metro area, with the exclusion of those in Minneapolis and St. Paul. Page 20 SGIs Ne --- _,,�SAILOR Minnetonka - Hopkins - Plymouth - Wayzata - St. Louis Park - Excelsior Plymouth Shopping Center disappearing By Jordan Langer on July 17, 2012 at 10:48 am Demolition has begun on the former Plymouth Shopping Center located on the south side of Highway 55 near County Road 73 to make way for a senior housing complex, fast food restaurant and a yet to be determined commercial business. Since the City Council approved the redevelopment of the roughly 19 acre site last August, an application has been received for the construction of a four-story, 90 unit senior housing complex. The Waters Senior Living, which will take up approximately 3.5 acres, will include 62 assisted living units and 28 memory care units. The city has not received an application for either the fast food restaurant or the commercial business, said Barbara Thomson, the city's planning manager. When the council was reviewing the redevelopment plans and discussing changing the site's land use designation from commercial to mixed used last year, it was Page 21 believed a 24-hour McDonald's would be built on the site, which will be named Crossroads Commons. The council also voted last year to curtail the hours of operation of the fast- food restaurant from 24 hours to 18, added Thomson. What is certain however is that the safety of motorist will be improved. The public street running through the north portion of the Crossroads Commons site will be reconstructed, and will include new connection points to both Highway 55 and County Road 73, said Thomson. Page 22 1,2P City of Plymouth Adding Quality to Life July 20, 2012 SUBJECT: REQUEST FOR REZONING AND PRELIMINARY PLAT FOR PROPERTIES LOCATED AT 5205, 5250, 5330 AND 5350 DUNKIRK LANE (2012041) Dear Property Owner: Pursuant to the provisions of the Plymouth Zoning Ordinance, this letter is to inform you of a development application submitted by US Homes Corporation dba Lennar, under file no. 2012041, requesting approval of the following items for a proposed plat to be called "KIRKWOOD" for the roughly 25 -acre site: 1) a rezoning from FRD (future restricted development) to RSF-3 (single family detached 3) and 2) a preliminary plat to create 47 single- family lots. The parcel recently purchased by the City of Plymouth for a neighborhood park is included in the proposed plat as the applicant would dedicate additional land for the park. A map showing the location of the subject property is provided below. Hennepin County records indicate your property is located within 750 feet of the site of this proposal. You are hereby notified of, and cordially invited to attend a public hearing to be held by the Plymouth Planning Commission at 7:00 p.m., on Wednesday, August 1, 2012, in the Council Chambers at Plymouth City Hall, 3400 Plymouth Boulevard. The public will be invited to offer questions and comments concerning this application at that time, or feel free to call the city planning department at (763) 509-5450 for more information. 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 I-IalI), on Mondays and Wednesday through Friday from 8:00 a.m. to 4:30 p.m., and Tuesdays from 5:00 a.m. to 6:00 p.m., except holidays. Sincerely, Barbara G. Thomson, AICP Planning Manager P-1Pt.".g Applic.1i.-TCNotice 120125201201] propnmic. d- 3400 Plymouth Blvd • Plymouth, Minnesota 55447-1482 • Tel 763-509-5000 • www.plymouthmn.gov Page 23 r0 City of 9) Plymouth Adding Quality to Life July 20, 2012 SUBJECT: VARIANCE TO ALLOW A 960 -SQUARE FOOT DETACHED GARAGE (2012051) Dear Property Owner: Pursuant to the provisions of the Plymouth Zoning Ordinance, this letter is to inform you of a request by Steven Anderson, under File No. 2012051, for a variance to allow a 960 -square foot detached garage, where 700 square feet is the maximum allowed for property located at 210 Niagara Lane. Under the proposal, the applicant would construct the new detached garage in the north central portion of the lot, approximately 10 feet from the north property line. A map showing the location of the subject property is provided below. 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 public meeting to be held by the Plymouth PIanning Commission at 7:00 p.m., on Wednesday, August 1, 2012, in the Council Chambers at Plymouth City Hall, 3400 Plymouth Boulevard. The public will be invited to offer questions and comments concerning this application at that time, or feel free to call the city planning department at (763) 509-5450 for more information. 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. Sincerely, 0AAM lmytw Barbara G. Thomson, AICP Planning Manager PIP[anning Applications/PC Notices/20 [ 2/2012051-propnotice. docx 3400 Plymouth Blvd • Plymouth, Minnesota 55447-1482 • Tel: 763-509-5000 • www.plymouthmn.gov Page 24 PLYMOUTH CREEK CENTER July CIM Report Plymouth Creek Center • Staff conducted 19 "walk throughs" • 12 receptions took place in June. • A new brochure targeting corporate rentals was designed and will be mailed to local businesses • New "bird deterrent" system was installed above the main entrance • PCC served as "tournament headquarters" for the Plymouth Soccer Association Tournament in June. Millenium Garden • 16 garden weddings took place in June • Plymouth Resident and amateur photographer Kevin Hawkins shared this photo of the Millenium Garden area. Along with his photo, Kevin wrote, "The gardens look beautiful again this year. Thanks for all you do." This photo has been enlarged and will be displayed in the lower level hallway. Fieldhouse • KARE 11 reporter Chris Freytag taped a "Motivation Monday" segment on the turf field. It is an Olympic inspired workout theme. I should air on Monday, July 9t" and then be available for viewing on the KARE 11 website. Senior Services • Nifty Nineties Luncheon was a big success with a total of 115 attending - 33 were ninety or older. Three of the guests were 97. Antique cars were on parade as well as entertainment from a young family from New Prague. • 38 seniors drove to the Hindu Temple in Maple Grove for a tour, lunch of Indian cuisine and a glance at cultural diversity in our community. • The senior program will have a table at the Farmers Market again this summer. • A new brochure and note pads have been created and will be printed for more publicity of our programs. These items will be given out at upcoming city & community events as well as senior events. • Planning is under way for the annual Pie Day with Book Sale in August. This year we are also adding scarves and jewelry to the sale. This is another well attended fundraiser for the senior program. Page 25 MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MN 55447 DATE: July 17, 2012 TO: Laurie Ahrens, City Manager cc: Steve Juetten FROM: Barbara Thomson, Planning Manager SUBJECT: Hennepin County Adult Correctional Facility (HCACF) Population Report Since Hennepin County closed the building housing the work release population in January 2010, the average daily population at the ACF has dropped significantly and is well below the occupancy limit set by their conditional use permit. Based on this reduction, staff is now reporting population numbers on a quarterly versus a monthly basis. The average daily population reported for the Plymouth facility ranged from a high of 444 in April to a low of 421 in May, well below the 601 occupancy limit and slightly lower than the occupancies in the first quarter of 2012. The chart below shows the average monthly population since June of 2005. HCACF Monthly Population Report goo - 600 500 ❑CUP Limit 400 Q ■Average U Count d A `w 300 200 100 0 �n in v� ww w w w o r n r n r r w w w w w w m m m m m m o 0 o o o o N N 0 0 0 o o o o o o o o 0 o o o o o o o o o o o o o o 0 U) Z ' N Z ' '^ m � n m m m a ' ' m m o ' m m d o n m m � U) Z � � y Z � � y Z � � W Z � � W Z MonthNear Page 26 Approved Minutes City of Plymouth Planning Commission Meeting June 20, 2012 MEMBERS PRESENT: Chair Jim Davis, Commissioners Dick Kobussen, Nathan Robinson, Gordon Petrash and Scott Nelson MEMBERS ABSENT: Commissioners Marc Anderson and Bryan Oakley STAFF PRESENT: Planning Manager Barbara Thomson, Senior Planner Shawn Drill, Senior Planner Joshua Doty and Office Support Specialist Laurie Lokken 1. CALL TO ORDER - 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. PUBLIC FORUM 4. APPROVAL OF AGENDA MOTION by Commissioner Petrash, seconded by Commissioner Robinson, to approve the June 20, 2012 Planning Commission Agenda. Vote. 5 Ayes. MOTION approved. 5. CONSENT AGENDA Chair Davis moved Consent Agenda item 5.13. to New Business item 7.B. A. APPROVAL OF THE JUNE 6, 2012 PLANNING COMMISSION MEETING MINUTES MOTION by Commissioner Nelson, seconded by Commissioner Kobussen, to approve the June 6, 2012 Planning Commission Meeting Minutes. Vote. 5 Ayes. MOTION approved. C. IMAGINALITY DESIGN (2012035) MOTION by Commissioner Nelson, seconded by Commissioner Kobussen, to approve the request by Imaginality Design for a variance to allow an additional area identification sign for the property located at 14550 34th Avenue North. Vote. 5 Ayes. MOTION approved. D. HGA, INC. (2012040) MOTION by Commissioner Nelson, seconded by Commissioner Kobussen, to approve the request by HGA, Inc. for a variance for directional signage at Hazelden Center for Youth and Families for the property located at 11505 36th Avenue North. Vote. 5 Ayes. MOTION approved. Page 27 Approved Planning Commission Minutes June 20, 2012 Page 2 6. PUBLIC HEARINGS 7. NEW BUSINESS A. MARIA FINTERIKOU KIRSCH (2012006) Chair Davis introduced the request by Maria Finterikou Kirsch for a home occupation license for a personal fitness facility for the property located at 6120 Lanewood Lane North. Senior Planner Doty gave an overview of the staff report. Chair Davis introduced the applicant, Maria Finterikou Kirsch. Ms. Kirsch stated it would be a small personal training facility in her basement. She said it would be a one-on-one training session. She said there would not be any signs posted outside. She said that there wouldn't be any noise. She said the hours would be between 8:00 AM and 8:00 PM. She said that she is a personal trainer and that she is also a teacher. She said that she meets all the city and HOA requirements. Commissioner Kobussen asked if the entrance to her business would be through her front door or if people would be walking around to her walkout basement. Ms. Kirsch replied that the entrance would be through the garage and mudroom to the doorway down to the basement. She said there is no entry from the outside right now. Chair Davis introduced Jean Coltz, 6180 Lanewood Lane North. Ms. Coltz stated that last fall they received a notice from the city informing them that an application for a strength -training business was under consideration and since they were within 200 feet of the applicant's residence, they were instructed to submit any objections or concerns in writing and attach their signatures. She said that she readily responded by phoning the city and directing her immediate questions to staff. She said she had asked if the city knew that Taryn Hills had an HOA and was informed the city did not know that. She said that she then contacted her HOA and was informed that they had no knowledge of this application and she provided them with city contact information. Ms. Coltz stated that months later (not long ago) they were informed that the approval process had indeed moved forward and that their HOA, much to their surprise, had granted approval of this home-based business, that the city's approval was pending and that they were invited to attend tonight's meeting. Ms. Coltz asked why the city took any action at all without first advising the applicants to consult with their HOA. She said that it seemed to her to have been a backward transaction. She said that Taryn Hills is not a large development but it is not obscure. She said that in her estimation, one phone call could have initiated a process in the proper order with HOA approval prior to filing a city application. She said that the State of Minnesota defined HOAs as small government entities with their own set of bylaws and covenants. She said she liked that succinct definition and it was void of any descriptive attachments, such as, incidental or unimportant. She said that taking seriously this definition, she did not want the city's actions to possibly lessen any HOAs role, deeming them as lesser, by acting as though they maybe do or maybe do not exist Page 28 Approved Planning Commission Minutes June 20, 2012 Page 3 and not initiating the simple step by checking first. She said that it was not her intent to verbally prick skins or shame or to extend ill will but rather she is here to protect the things that sometimes become squashed by the larger, the bigger. Chair Davis introduced Gerald Hommes, 6180 Lanewood Lane North. Mr. Hommes stated that he is a refugee from two communities. He said one was a city that had neither the will nor the judgment to enforce its codes and the other was an HOA and a city that were equally negligent and in both instances, even after repeated requests. He said that they are now in Plymouth because they know it is better than that. Mr. Hommes asked if the city could establish residential zoning category and in addition a strictly residential zoning category in addition to what is now seemingly just a nominal residential zoning category. He asked if any city residential zone is immune from home business and permits. He asked if commercial zoning is not specifically intended for businesses with drive -up clients and onsite interactions with the general public, such as the proposed business. He asked if conversely, a permit could be given for a single family residence in a commercial zone. He asked if an HOA can circumscribe permitting and license more stringently than a city. He asked if the city requires written consent of the governing HOA before considering a permit or a license application and if not, he requests that the city adopt such a policy. He said that process seems not to have been followed in this case under consideration. Mr. Hommes stated that approval of this application could affect neighbors well beyond those few who were informed. He asked to not assume that the absence of expressed concern here is evidence of absence of concern. He said the neighbors potentially affected are mostly busy, young families with children and working parents. He said that few know of the pending action and fewer still have the time to be here tonight. Mr. Hommes stated that traffic to and from the proposed business would typically drive down the cul-de-sac that is populated entirely by families with small children who cross the street to play on the sidewalk. He said that traffic may have to turn around to exit the cul-de-sac. He said that these neighbors have told him that they bought these premium priced lots, as did they, with the expectation of low traffic. Mr. Hommes stated that the developer, Lennar, and not the homeowners manage the HOA. He said that they deemphasize HOA rules less they jeopardize any prospective sale. He said they have an inherent conflict of interest. He said that they expect to be gone long before the effect of lax enforcement becomes obvious. He said that in essence, they passed the buck to the city. He said that he acknowledges the benign nature of traditional, intellectually based home businesses, such as tax preparation and music lessons. He said that now with the advent of the world-wide web, a vast new range of intellectually based home businesses is possible that have no adverse impact on neighbors. He said that there is a qualitative difference between such home businesses compared to that which involves physical interactions with totally unvetted clients recruited from Craig's List or wherever and the neighborhood is especially sensitive to strange traffic based on several attempted burglaries in the neighborhood in recent months. He said this application is of the latter type and this type of business may entice clients of a less benign nature and establish a Page 29 Approved Planning Commission Minutes June 20, 2012 Page 4 precedent for businesses involving physical interactions of possibly dubious ethical character. He said he assumes that the charter of the Planning Commission is to make judgments regarding the nature of businesses being licensed. He asked that the Planning Commission exercise that judgment in this case with the impact on the neighborhood as the principal criteria. Senior Planner Doty responded that the city received the application for the license in January and subsequently sent out a notice to all property owners within 200 feet inviting public comment. He said that at that time, staff did receive one opposition. He said that he did speak with Ms. Coltz regarding the business and she mentioned that she was aware that the HOA documents had a provision in the bylaws that prohibit home-based businesses. He said the city was aware that the development had an HOA but was not aware of the provision to prohibit business. He said that after receiving this information, staff immediately put the application on hold to investigate the matter further. He said that he spoke with the representative for the HOA to state that the city application was on hold until staff received word if the HOA would allow the business or not. He said that there was no activity with the application until staff received a letter from the HOA granting approval of the home-based business. He said staff then communicated with the applicant, who stated that they would like to continue to move forward. He said staff subsequently sent out a new notice for this evening's Planning Commission meeting. Planning Manager Thomson added that the city's action is separate from the HOA. She said that approval of the city is sometimes contingent on other kinds of approvals as well. She said that if you have to go through an HOA that is a separate process. She said that in this particular case, staff initially learned that the HOA did not allow home-based businesses and it didn't seem worthwhile to go forward until that issue was settled. She said that it is not in the city's regulations to contact an HOA prior to looking at a home occupation. Chair Davis stated that the applicant, for any city action, has to take the responsibility for their HOA compliance. Commissioner Nelson asked if it was also safe to say that an HOA's rules and bylaws do not or can not supersede the city's ordinances and laws. Planning Manager Thomson responded not necessarily. She said that the city does have HOAs that do not allow home-based businesses. Chair Davis stated that they could be more stringent but that they can't supersede city regulations. Planning Manager Thomson stated that they can be more stringent. Commissioner Petrash asked if that would mean that the HOA's restrictions prevail versus any city restrictions. Planning Manager Thomson responded affirmatively. Chair Davis stated that if they were to get city approval to do something and the HOA would prohibit it, that's their business between the HOA and the homeowner. He said the city would not be taking a position in that instance as it is their contract and not the city's. Planning Manager Thomson responded affirmatively. Page 30 Approved Planning Commission Minutes June 20, 2012 Page 5 Planning Manager Thomson stated that as far as establishing residential only zoning, it would be difficult to establish an area that wouldn't allow something that you could allow in a similar area elsewhere in the city. She said that home occupations are something that have been around for a long time. She said years ago, Plymouth put into place a very comprehensive list of requirements for businesses that have other people coming in to the home. She said that has worked very well and we have a lot of home-based businesses in the city that are licensed. She said we have a variety of things, such as salons, massage therapists, landscape businesses, etc. She said there are a number of businesses that do operate in addition to those that the gentleman mentioned that are intellectually based. She said those do not require licenses for those businesses. She said any time there is someone coming into the home, a license is required. Commissioner Nelson stated that he whole heartedly endorses this home occupation license. He said that he has been using home occupation services all his life for such things as music lessons, tax preparation, day care, small engine repair, etc. He said that it is part of a city's fabric to have home-based businesses. Chair Davis stated that he agreed with Commissioner Nelson. He said that this would have a minimal impact on the neighborhood. He said that it's the kind of thing people enjoy. He said the city has regulations, they are going to be held to those regulations and he would be voting in support of this application. Commissioner Petrash asked what the city's experience has been as far as the concerns of dubious people, traffic, conflicts within neighborhoods from these businesses, etc. Planning Manager Thomson replied that the city has had few complaints about home-based businesses. She said that is something that has worked out very well. She said there have not been any based upon criminal types of activities going on. She said that there have been some issues with some landscapers but as far as the type of business that is being proposed and the salons and the massage therapy, etc., we have not received any complaints. She added that home-based businesses are licensed for one year to start and if there are no complaints, the city can issue a license for another three years and thereafter on a rotating basis. She said that any complaints that the city receives are immediately followed up on. MOTION by Commissioner Nelson, seconded by Commissioner Kobussen, to approve the request by Maria Finterikou Kirsch for a home occupation license for a personal fitness facility for the property located at 6120 Lanewood Lane North. Vote. 5 Ayes. MOTION approved unanimously. B. MICHLITSCH BUILDERS, INC. (2012031) Chair Davis introduced the request by Michlitsch Builders, Inc. for a variance to allow two new homes to be constructed within the bluff for each of the properties located at 12015 28th Avenue North and 12025 28th Avenue North. Chair Davis introduced Charlotte Ruth Mason, 12020 27th Avenue North. Ms. Mason stated that the first and foremost reason that they are objecting to this variance request is the negative Page 31 Approved Planning Commission Minutes June 20, 2012 Page 6 environmental impact caused by the destruction of nature on these two properties. She said that these two sites are completely wooded with an extremely steep slope. She said this is why no one has built on the properties. She said that the trees marked for removal on the site plan represent only a tiny fraction of the actual trees that will be cut down in order to build the homes. She said that they are aware that the legal qualifications for engineers and builders on their plans include only trees of a certain size but there is a significant number of trees in and around these zones where the houses and garages will be built that will be taken. She said there are well over 100 trees in each of those areas alone and many more will be felled for the very long driveways. She said that there is also a ravine that would have to be filled in order to put in driveways. Ms. Mason stated that the loss of the trees, plants, grapevines and shrubs is only the beginning of the losses that will occur on 28th Avenue. She said that these losses will impact Medicine Lake negatively and will destroy much of the surrounding environment. She said these properties are located near the area of Medicine Lake that is filled with cattails and marsh lands. She said that marsh lands are like nurseries for many species of birds, animals and reptiles. She said that in the 13 years that they have lived there, they have observed what zoologists and naturalists call a wildlife corridor there. She said that on these two lots, there are many species of birds that come in every year to nest. She said that they have also observed a number of species of turtles traveling through this corridor and laying their eggs every year. She said many people have been thrilled to see the bald eagles that are repopulating and hunt there, as well as bard and snowy owls. She said that every year in May, wood ducks can be seen nesting here and they only nest in very high treetops. She said the trees located here are not wide in diameter but they have significant height. She said that this corridor provides not only habitat for food and shelter but also habitat for safe passage away from the roads and the cars. She said that this area has seen increasing traffic in the past ten years with the building of the beautiful park down at West Medicine Lake. She said there has been destruction of habitat and a lot of death in turtle species in this area, which is also aggravated by the recent holding ponds that were widened for this park. She said this is an area where the animals move, migrate, reproduce and travel. She listed some of the animals that make use of this corridor. She said that this is a place where the animals are not a bother to humans and it is a safe corridor for them between the lake and the surrounding areas. Ms. Mason stated that the neighborhood will find the construction noise a bit of a nuisance but they are really concerned for the proximity of the new homes to the walking and bike path located between 27th and 28th Avenues. She said one of the proposed homes would be situated quite close to that path. Ms. Mason stated that they are also concerned about the runoff from the homes to Medicine Lake. She said the loss of trees that provide a filter for runoff is staggering. She said the paved surfaces for the driveways and grasses from these two homes would have to be pretty large and would add to the already problematic sewer system along 281h Avenue. She said that after two or more summers of construction, this may have been solved. She said that they are concerned about the runoff going into the marsh land, which is a fragile ecosystem to begin with. Page 32 Approved Planning Commission Minutes June 20, 2012 Page 7 Ms. Mason stated that they are also concerned that their neighborhood is full of homes for sale already. She said many are aging homes that are situated on or near Medicine Lake and already have cleared lots, utility lines and sewage hookups. She said that they offer the potential to the developer for the consideration of redevelopment of existing properties and also to the Planning Commission. She said that they encourage the city to consider giving incentives to developers who redevelop existing properties, rather than claiming new sites with natural habitat. She said that they encourage the city to consider the purchase of these two lots to alleviate the burden from the owner. She said the land is zoned for residential development but that the site has been found unsuitable by potential buyers many times, partially due to its steep incline and heavily wooded environment. She said that there would be many maintenance issues on a home at that incline. Ms. Mason asked that the city conduct an environmental impact study on this area, including the marsh lands and these two lots, prior to allowing any variances or construction permits. She said that they are willing to collect signatures for a petition for the study if deemed necessary. Ms. Mason stated that they wish no harm or ill will to the owners or developers. She said that they only wish to preserve this important land for current and future residents of Plymouth. She said they consider themselves long-term, tax paying residents who serve as stewards of Medicine Lake and the land. She said that birds, animals, amphibians and reptiles are also residents of Medicine Lake community. She said that their numbers have dwindled throughout the past 25 years and in particular, the last 5 years. Chair Davis introduced Jeff Bodner, 2745 Hemlock Lane North. Mr. Bodner asked whether or not there is any anticipated interruption of basic utilities for the homes on Hemlock in terms of water, electricity and cable and if so, if there are any procedures for notifying residents of those homes as to when those interruptions might occur and their duration. Chair Davis introduced the applicant, Marvin Michlitsch. Mr. Michlitsch stated that the application was fairly simple because it involves two established single family dwelling lots and he wants to build single family homes on them. He said the only necessity for a variance is that they are totally within the bluff and city regulations state that they cannot build within 30 feet of the bluff. He said that in order to build any type of building whatsoever, they need a variance. He said that there are only about ten trees per lot of any size that would be removed and there are a lot of small trees. Chair Davis asked the applicant to address the question about the interruption of services. Mr. Michlitsch responded that there should not be any interruption in water or sewer services. He said that there might be minor interruptions in electrical service but even that he is not sure of. He confirmed that any interruption would be in terms of just hours. Commissioner Nelson asked if they are intending to build spec homes or build when they have buyers. Mr. Michlitsch replied that they are intending to presell and do one lot at a time, starting with Lot 10. He said that they have someone tentatively interested and they have a house plan pretty much designed for that. He said that they have not designed the home for Lot 9 yet. Page 33 Approved Planning Commission Minutes June 20, 2012 Page 8 Commissioner Petrash asked if all the other lots in the neighborhood are built on. Mr. Michlitsch responded that he believed that they all are and these are the only two empty lots. Commissioner Kobussen asked how much fill would be required in order to build a house on it and how the impervious surface was calculated. Mr. Michlitsch replied that he did hire a civil engineer to draw the plan and the calculations included the driveways, retaining walls, etc. He said that the movement of dirt is actually fairly minimal. He said that they tried to make their area of work as small as possible. He said the driveway in Lot 10 would be going into the natural slope so they would only need to add and build up on one side and then add retaining walls that go back down to grade. He said that in Lot 9, there is a fairly gentle slope and they would be disturbing very little there, too. He said they would have to build up a little on one side. He added that they still would need to work with the Engineering Department to resolve culverts and connection into the storm sewer. Mr. Michlitsch pointed out the larger trees marked on the site plan for removal. Commissioner Nelson stated that when homes are being built in an area like this (near a lake, on a bluff, with slopes, near natural areas), erosion is a concern for neighbors and people utilizing the lake. He asked if the city would be monitoring the erosion control closer with this type of home construction. Senior Planner Drill responded affirmatively. He said that in the resolution, it does call for additional silt fencing. He said during the construction process, both the city and the Watershed District would be performing onsite inspections to make sure that erosion control is being managed properly. Senior Planner Drill stated that in looking at a variance like this on a platted area where the only way to build on it is through a variance, there are three main things staff looks at. He said they look at erosion control during the construction period, the runoff and the foundation structure, which is part of the building permit process. He said that runoff was of great concern for staff to make sure that building on these lots does not create any down stream impacts. He said that was why staff required the applicant to work with a civil engineer to design a grading plan that would minimize any increase in the offsite conditions and also why the low area Mr. Michlitsch just pointed out would be piped underground to the existing storm sewer system. He said one of the other conditions requires that the drainage around the back of the houses also be routed to that area. He said that currently the drainage goes through the site, down the hill and off through the neighboring property and then eventually to the lake. He said that part of it would not change but there wouldn't be any increase in the amount of drainage because they are picking up most of the drainage and putting it directly into the storm sewer system. He added that 28th Avenue was just reconstructed and previous issues have been resolved. Planning Manager Thomson stated that the city does own a lot of open space in this area already and it would be difficult for the city to buy any more. She said in terms of park needs, it's definitely very well met. She said that these are two existing lots of record, so the owner has property rights to develop, assuming that they do it without impacting the rest of the environment and that's what the intent of the conditions is in the resolution. Page 34 Approved Planning Commission Minutes June 20, 2012 Page 9 Planning Manager Thomson stated that as far as collecting any signatures for environmental review, that is certainly something the neighbors can do. She said that would be presented to the city council and then they act on whether or not they find it would provide additional information to make an appropriate decision in this particular case. She responded to Ms. Mason that this item is intended to move forward so if they wish to do it, they would need to do it very quickly. She added that in this particular case, an environmental review typically looks at many of the same things that the city looks at when we do a review and unless it's a very unusual type of situation, there typically isn't a lot of value added with an environmental review. She said that has been the case in other recent situations where people have petitioned the city. She responded to Ms. Mason that they would submit their petition to the Environmental Quality Board and then they contact the city. MOTION by Commissioner Petrash, seconded by Commissioner Robinson, to approve the request by Michlitsch Builders, Inc. for a variance to allow two new homes to be constructed within the bluff for each of the properties located at 12015 28th Avenue North and 12025 28th Avenue North. Commissioner Kobussen stated that he has some concerns that if what was presented is just concepts of homes that are going to be built, that what actually would be built will be determined when the lots are sold at some later date. He stated that maybe the time to ask for the variance is closer to when they know exactly what they are building and not this general -type variance. Chair Davis responded that the variance just authorizes them to build homes within the bluff, which they need to have in order to be able to build anything. Planning Manager Thomson replied that's correct and also stated there are conditions that relate to providing additional information if they disturb more than what they have currently submitted. She confirmed for Chair Davis that it is not an open ended variance. Planning Manager Thomson added that when they submit a building permit, they would have to provide this information as well. Roll Call Vote. 4 Ayes (Commissioner Kobussen voting nay). MOTION approved. 8. ADJOURNMENT MOTION by Chair Davis, with no objection, to adjourn the meeting at 8:00 p.m. Page 3 5