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Council Information Memorandum 08-16-2012
CITY OF PLYMOUTH rp) COUNCIL INFO MEMO August 16, 2012 EVENTS / MEETINGS Plymouth Advisory Committee on Transit Agenda 08/22/12.............................................................. Page 1 August, September, and October 2012 Official City Meeting Calendars ........................................... Page 2 Tentative List of Agenda Items for Future City Council Meetings ..................................................... Page 5 Senior Pie Day at Plymouth Creek Center 08/21/12........................................................................... Page 7 Memo from Derek Asche, Water Resources Manager RE: Medicine Lake Dam ............................... Page 8 Letter from Resident RE: raising the level of Medicine Lake.......................................................... Page 14 Letter from Plymouth Fire -Rescue RE: incident of interest.............................................................. Page 16 City of Plymouth City Council Filings for November 6, 2012 General Election ............................. Page 18 Article RE: Plymouth facility in eye of shooting range Storm, Outdoor News ................................ Page 19 REPORTS Hwy 55 weekly update: 08/13/12...................................................................................................... Page 21 Ehlers Market Commentary 08/14/12............................................................................................... Page 22 Primary Election Results in MLC Cities........................................................................................... Page 23 State Primary Election Results.......................................................................................................... Page 27 Human Rights Committee -- (no attachment) On August 2, 2012, the Plymouth Human rights committee held its regular meeting. During that meeting, a Domestic Partner Registration ordinance was discussed for the City of Plymouth. The Committee adopted a motion recommending that the City Council consider developing an ordinance for registering domestic partners in the City of Plymouth, using other cities' ordinances a s template. MINUTES Planning Commission 08/01/12........................................................................................................ Page 29 Plymouth Beyond the Yellow Ribbon 08/15/12................................................................................ Page 42 (4) P&IRMAZIAZAo/icy PLYMOUTH ADVISORY COMMITTEE ON TRANSIT AGENDA Regular Meeting Wednesday, August 22, 2012, 7:00 p.m. Medicine Lake Room, City Hall 1. 7:00 Call regular meeting to order 2. 7:01 Approve agenda 3. 7:02 Approve May 23, 2012 minutes (attached) 4. 7:05 Review 2012 Plymouth Metrolink Survey Questions 5. 7:25 Discuss marketing Station 73 6. 8:05 Review 2012 YTD Operations Report (attached) 7. 8:20 Review 2013 regular quarterly meeting dates 8. 8:30 Discuss November meeting agenda 9. 8:35 Review Plymouth Metrolink Transit Performance Measurements (attached) 10. 8:45 Identify areas of concern and recommendations 11. 8:55 Other business 12. 9:00 Adjourn Attachments: • Plymouth Metrolink Transit Performance Measurements: January -July, 2012 (System Ridership Graph 2012; Fixed Route Ridership Graph 2012; Dial -A -Ride Ridership Graph 2012; Riders per Day Chart) • Plymouth Metrolink Customer Service Log, May - August, 2012 Upcoming 2012 meeting: November 28, 2012 (quarterly meeting). Dates available for quarterly 2013 meetings: February 27, May 22, August 28, December 4. Dates available for 2013 working sessions: January 23, March 20, April 24, June 26, July 24, September 25, October 23. August 22, 2012 PACT Agenda Page 1 Page 1 r�Plymouth Adding Quality to Life August 2012 Modified on 08115112 CHANGES ARE NOTED IN RED Page 2 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 7:00 PM CANCELLED SPECIAL COUNCIL PLYMOUTH HRA MEETING MEETING ADVISORY Medicine Lake Room Budget Study Session COMMITTEE ON Medicine Lake Room TRANSIT (PACT) MEETING Medicine Lake Room 26 27 28 29 30 31 7:00 PM REGULAR COUNCIL MEETING Council Chambers Modified on 08115112 CHANGES ARE NOTED IN RED Page 2 r�Plymouth Adding Quality to Life September 2012 Modified on 08115112 CHANGES ARE MADE IN RED Page 3 1 2 3 4 5 6 7 8 7:00 PM PLANNING COMMISSION L LABOR DAY 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 Plymouth Maintenance Facility 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 CANCELLED 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 City Center Area Yom Kippur /q o Begins at Sunset Modified on 08115112 CHANGES ARE MADE IN RED Page 3 City of Plymouth Adding Quality to Life October 2012 Modified on 08115112 Page 4 1 2 3 4 5 6 6:30 PM 7:00 PM VOLUNTEER PLANNING RECOGNITION COMMISSION EVENT MEETING Plymouth Creek Council Chambers Center 7 8jjj� 9 7:00 PM 10 7:00 PM 11 7:00 PM 12 13 REGULAR COUNCIL ENVIRONMENTAL PARK It REC 12:00-3:00 PM MEETING QUALITY ADVISORY FIRE DEPT. COLUMBUS DAY Council Chambers COMMITTEE COMMISSION OPEN HOUSE Observed (EQC) MEETING (PRAC) MEETING Fire Station III Council Chambers Plymouth PLYMOUTH PUBLIC Ice Center WORKS DIVISION CLOSED 14 15 16 17 7:00 PM 18 19 20 PLANNING COMMISSION MEETING Council Chambers 21 22 23 24 25 26 27 7:00 PM 7:00 PM REGULAR COUNCIL HRA MEETING MEETING Medicine Lake Room Council Chambers 28 29 30 31 6:00-8:00 PM Halloween on the Creek Plymouth Creek Center Modified on 08115112 Page 4 Tentative Schedule for City Council Agenda Items August 21, Special, 6:00 p.m., Medicine Lake Room • Budget August 28, Regular, 7:00 p.m., Council Chambers • Approve Temporary Liquor License for West Lutheran High School for annual event on October 13, 2012 • Approve Payment No. 5 and Final for MIP Water Tower (1002 1) • Approve Plans and Specifications and Order Advertisement for Bids, Nature Canyon Erosion Repair (11023) • Accept Public Improvements for Continual Maintenance, Hampton Hills 2nd Addition (2010043) and Hampton Hills 3rd Addition (2011002) • Encroachment Agreement for a Storage Shed at 14145 36th Avenue N • Public Improvement and Special Assessment Hearing for the Fox Glen, Pike Lake and 37th Ave. Areas, Approve Change Order No. 1 for Fox Glen and 37th Ave. and Order Advertisement for Bids for Pike Lake, 2012 Edge Mill and Overlay Project (12002) • Approve Variance to exceed sign height requirements at 17205 County Road 6 (St. Philip the Deacon Lutheran Church - 2012060) • Approving 3 -year towing contract with Plymouth Automotive, Inc. 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 18, Regular, 7:00 p.m., Council Chambers • Announce Plymouth on Parade on September 29 • Announce Plymouth Firefighters 5K Run 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 • Announce Plymouth Pet Expo on November 3-4 • Announce Paint the Pavement 5K Fun Run/Walk on November 10 November 13, Regular, 7:00 p.m., Council Chambers • Canvass 2012 General Election results • Announce Plymouth Arts Fair on November 17-18 November 271, 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 Note: Special Meeting topics have been set by Council; all other topics are tentative. Page 5 • Announce New Year's Eve Event on December 31 Page 6 Plymouth Senior Program Fundraiser NPIIE m r Open to all a ge s ! . LTLIsday, August 21 il :. E I�:OOam - 21.30pm■r��1 Plymouth Creek Center ■ � 14800 34th Ave. N. Plymouth, MN 55447 ■ (763)509-5280 ■ ■ Cost: $4.00 � Add .25 for ice cream ■ So lemipggrquorUs I qIec�, Page 7 Meet your friends at Plymouth Creek Center for ■ a piece of pie and browse our used paperback books, used jewelry, & scarves sale. The ■ Plymouth Handycrafters will also have items for sale. There will be something for everyone! We will have a large assortment of Pies! ! ■ ■ Cost: $4.00 � Add .25 for ice cream ■ So lemipggrquorUs I qIec�, Page 7 MEMO CITY OF PLYC N4OUTH 3400 Plymouth Boulevard Plymouth, MN 55447 DATE: August 15, 2012 TO: CIM FROM: Derek Asche, Water Resources Manager SUBJECT: MEDICINE LAKE DAM The existing Medicine Lake Darn was constructed in 1996 as a cooperative project between the Bassett Creek Watershed Management Commission (BCWMC), Minnesota Department of Natural Resources (DNR), Hennepin County, and City of Plymouth. The previous structure was deteriorated, leaking severely, and several homes had first floors lower than the 100 -year flood level. The existing dam maintains the normal water level of the previous structure and discharge rates up to the 10 year storm event (-2.5 inches in 24 hours). During storm events greater than the 10 -year event, the existing dam will discharge water faster than the previous structure to protect homes which were within the 100 -year flood level (see attached Medicine Lake Dam Rating Curve). The water level in Medicine Lake has been an ongoing concern because, in part, Medicine Lake is shallow on the edges. A cursory analysis of DNR data suggests that water levels as little as 12 inches below the normal water level could move the edge of the water out 40 feet or more on portions of the north, east, and south sides, thus affecting docks, boats, and aquatic recreation in general. As recently as January 2012 the Association of Medicine Lake Area Citizens (AMLAC) inquired to the BCWMC with regard to the Medicine Lake Dam and water levels (minutes from January 2012 and March 2012 are attached). Generally, concerns with raising water levels in Medicine Lake include increasing the flooding potential of low properties, the need for easements to the new 100 -year flood level, low expectations that a change to the dam level could be made, and the high cost to study such an endeavor. Additionally, over $2,000,000 in water quality improvement projects such as regional ponding and shoreline restorations over the past eight years would need to be studied to ensure those projects are not negatively affected. Attachments Medicine Lake Dam Rating Curve BCWMC January 2012 Meeting Minutes BCWMC March 2012 Meeting Minutes 0.1Uti1ities\Storm Sewer and water ResourceslCorrespondenceNiNtemosUO121CIM Medicine Lake Dam.doex Page 8 892 891.5 891 890.5 F 890 N O C7 z 889.5 C 0 y 'aii 889 8885 888 887.5 I 887 Medicine Lake Dam Rating Curve August 2, 2010 Pre -1995 Rating Curve Lowest Home Elevation -----.---------- 100 ear Storm Water Surface Elevation 50 ear Storm Water Surface Elevation iD ear Storm Water Surface Elevation Existing Rating Curve Top of Existing Dam 0 50 100 150 200 250 Flow (cfs) P:\Mpls\23 MN\27\2327051\WorkFiles\MedicineLkDam_Figures.xls Page 9 BMINIC January 19, 2012, Aleeting Minutes 5. NEW BUSINESS A. Requests by the Association of Medicine Lake Area Citizens (AMLAC) BCWMC to Create a Document about the Medicine Lake Dam and Lake Level. Chair Loomis reported that the Commission received a request from the Association of Medicine Lake Area Citizens to create a document about the Medicine Lake Dam and lake level. Ms. Chandler said that a document had previously been prepared by the Commission Engineer on this topic and Len Kremer had delivered a presentation about it. Nis. Chandler wondered if AMLAC was just interested in having all of that historic information combined into one document or if AMLAC is interested in something else. She commented that if the request is to create a document using the existing information and addressing just a few new questions then the Commission Engineer estimates that the work could be done for $5,000. Commissioner Hoshal said he thought that AMLAC wanted the information in one document so that AMLAC could deliver the information to its residents in response to their questions. Commissioner Elder asked if there was a way that A-MLAC would cost share for the work. Ms. Clancy remarked that the City of Golden Valley's understanding has been that when the Commission Engineer is asked for work products that are for a specific city or a specific city's organization then that city is solely responsible for the costs of that work. Acting Commissioner Johnson asked if the Commission had a budget for the item. The Commission noted that it didn't have this type of work budgeted. Acting Commissioner Goddard suggested that the Commission put the issue back to AMLAC and ask if it is interested in having this work be done at AibILAC's expense and if so, then to provide more specifics on what information it wants, otherwise the Cities of Plymouth and Medicine Lake could possibly provide the information. Mr. Asche commented that AMLAC's request reads like a scope of services for a feasibility document. He said perhaps AMLAC would want to touch base with Minnehaha Creek Watershed District to find out what was involved with the Gray's Bay dam. Acting Commissioner Johnson recommended no action on this item and suggested that she or Commissioner Hoshal communicate with them that there were questions about what AMLAC was requesting and then perhaps the cities can work with AMLAC to provide the information. that is already available. Chair Loomis asked if the Commission wanted to take no action or wanted to table the agenda item until the February BCWMC meeting. The Commission concurred that it would table the item until the February meeting. ii. BCWMC Participation in a 7 p.m. February 8"i meeting on Aquatic Invasive Species. See discussion under agenda item 41 B. mendations i. Review o intenance Fund Applications for 2012 Projects. Mr. Asche noted that the TAC reviewed a he City of Golden Valley for $100,000 in Channel Maintenance funds for a 2012 stream ban he Bassett Creek Main Stem Reach 1, subreach 2. He said that Golden Valley has just over $14TMOW91046kit in BCWMC Channel Maintenance funds. Mr. Asche reported that the TAC recommen s 5 Page 10 4C. Presentation of Invoices for Payment Approval. BCWMIC I -larch 13, 2012, Meeting M• nu*es Kennedy & Graven — Legal Services through January 31, 2012 — invoice for amount of $2,282.45. Barr Engineering Company — Engineering Services through F amount of $29,904.86. Amy Herbert — February Secretarial Services — invoice for D'amico - ACE Catering — March BCWMC meeting NV%IHR — FY Audit Work through January 31, [Commissioner Welch arrives.] Commissioner Elder moved to approve payment the motion. By call of roll the motto! and Robbinsdale absent from vote]. 5. NEW BUSINESS #n-4, 2012 — invoice for the nt of $1,790.73. — invoice for the amount of $324.88. invoice for the amount of $1,600. of the invoices. Commissioner de Lambert seconded [sly with seven votes in favor f Cities of Minnetonka A. Approval of 20124moved nt Agreement. Nis. Chandler reminded the Commission that the grant is for the Bassett Ctem restoration project in the cities of Golden Valley and Minneapolis. She said the agreesimilar to the 2011 grant agreement and contains a few changes. Mr. LeFevere said that ent looked fine. Ms. Chandler said that the Commission needs to approve and sign the grantnd return it to the Minnesota Board of Water and Soil Resources and the Commission me information about the grant up on the Commission's Web site. Commissioner dapprove executing the grant agreement. Commissioner Welch seconded the motion. AF Com ntiss' er Welch brought up a comment about a statement in paragraph 15 of the agreement regard' the language "supplement". He questioned if the language is supposed to read, "supplant." He a asked the Commission Engineer to make sure the prevailing wage requirement is clearly co urticated to the City as it needs to be included in the contract documents for the construction prhe t.CommissionerWelch said he did not want the Commission to hold up signing the agreement wording of supplement versus supplant but would like the Commission to clarify with BWSR its intention. Chair Black said that she would talk to Brad Wozney of BWSR about it. The motion carried unanimously with seven votes in favor [Cities of Minnetonka and Robbinsdale absent from vote]. 6. ©LD BUSINESS B. ANILAC Request to Create a Document Regarding the Medicine Lake Dam and Lake Level. Gary Holter, board member of AMLAC — the Association of Medicine Lake Area Citizens, said the group has listened to concerns of the citizens around the lake regarding the lake level. He said that ANELAC would like the Commission to do what it can to keep water in Medicine Lake as long as possible during the summer.:) favor Mary Anne Young asked the Commission to move forward with a process to alter the current dam on Medicine Lake even on a temporary basis such as for three years to allow for 3 Page 11 BCWMC Marc- 15, 2012, rem* -s Minutes documentation, as a way to keep more water in the lake through the summer. Scott Marks, City Council member for Medicine Lake, said that he supports the requests made by AMLAC and Mayor Young. He added that the lake is a heavily used recreation lake and that in the past several years by late July it has been hard to get boats in .and out of the lake. Chair Black clarified that it sounds like the issue being brought in front of the Commission is not a water quality issue but is a recreation issue. Mr. Holter, Mayor Young, and Mr. Marks agreed. Nis. Chandler explained that as the Commission has previously informed AMLAC, as well as Medicine Lake residents, if anything is done to the Medicine Lake outlet so that it holds water back above the current elevation, the flood level around the lake will be raised, which is a serious undertaking especially since people around the lake do live in the floodplain. She said that the low level of the lake has seemed to be very recurrent. IVIS. Chandler said that the Commission Engineer has presented to AMLAC and the city residents who attended a public meeting on this topic the data showing the precipitation amounts and the lake water level and that these items are very closely tied. Commissioner Welch asked for clarification of the request from AMLAC since the memo from AMLAC asks for information and today the verbal requests have been for action. Mr. Holter said that AIVILAC is looking for an end result. Ms. Clancy brought up the fact that the precedent is that the City pays for the costs of such a project. She provided the example of a Golden Valley project involving a structure that controlled the time of water retention on the Golden Valley golf course. She said that the city wanted the water to drain off the golf course quicker. Ms. Clancy said that the City was responsible for the modifications of the weir and all of the costs of the project. Commissioner Johnson asked for clarification on whether this request is within the Commission's jurisdiction or if not, in whose jurisdiction does it fall? Mr. LeFevere responded that it would probably fall within the BCW'MC's authority to do something since there is language in the Metropolitan Surface Water Management Act regarding preserving and enhancing water resources. He said that the issue is more a question of the BCWMC's priorities. Mr. LeFevere said this sounds like a very big project requiring a lot of analysis, title work, easements, changing of the flood map and so on with the administrative process, which is in addition to the bricks and mortar side of the project. He described other ways that the project could be organized such as through the formation of a lake improvement district and then taxes could be levied within a special area to pay for the project, or a special storm sewer tax district that would tax the properties around the lake. Mr. Mathisen brought up the currently ongoing process of the updating of TP -10, which is the source of all the rainfall data for flood plain elevation determinations. He said the update probably won't be released until the end of the year and after its release would be the time to redo floodplain elevations such as for Medicine Lake. Chair Black summarized that she is hearing that the project would not be as simple as just doing the construction work to raise the dam and that the Commission has typically focused its efforts on flooding issues and water quality issues. She asked for comments or feedback from the Commission. Commissioner Hoshal suggested a letter be prepared and send to Kate Drewry of the Minnesota Department of Natural Resources to ask her for information about a process that a citizen group could undertake for such a project. Commissioner Elder recommended that such a letter be prepared Page 12 ECIOIC Mara:' 15, 2012, Meeting MinQtes directly from the group instead of from the Commission but that the group could certainly share the information with the Commission. Mr. Asche noted that the BCWMC has significant investments adjacent to Medicine Lake and encouraged the Commission to study the impacts that any project would have to the three regional ponds adjacent to the lake. After some discussion Chair Black said that she agreed with the idea of AMLAC or the City of Medicine Lake taking the lead to write a letter to the DNR for information. Commissioner Elder commented that the Commission would be interested in the information received back from the DNR if the group is willing to share it with the Commission. Commissioner Hoshal said that he would be happy to help AMLAC and the City of Medicine Lake with preparing that letter and he will send a copy to the Commission. Mayor Young asked if the information that the Commission is capturing with its SWNIVI model process could be shared with the City of Medicine Lake. The Commission said yes. Mayor Young noted that the dam on Medicine Lake is in the City of Plymouth and that the City of Medicine Lake couldn't move forward on a project without the City of Plymouth. Mr. Holter stated that AMLAC has been in touch with the DNR, which recommended the group get a petition. Mr. Holter provided the Commission with a copy of the petition and said that AMLAC has gathered 600 signatures and of those only 60 or so are lakeshore owners and the rest are recreational users of the lake. Chair Black directed the Commission Engineer to distribute to the Commission, AMLAC, and the City of Medicine Lake the information that the Engineer had previously presented and distributed on the topic of the lake level of Medicine Lake. ooperative Agreement for Feasibility Study for the Pond Dredging Project in the Northwood Watershed. Mr. Asche reported that the reimbursement amount to be listed in the Cooperative Agre t is $19,893.00. Chair Black moved approval of the agreement. Commissioner Elder seconded the motio ommissioner Welch commented on the partnership approach with the Four Seasons ,Mall Project. He s he is concerned about the Commission spending public funds to treat water from a commercial favi which will potentially undergo redevelopment, without a mechanism in place for the Commission to ver those funds. Mr. Asche said the projeftyill not assist on the Commission's dime the redevelopment of the Four Seasons Mall. He said that h 'll be happy to draft summaries of proposals that come in to the Four Seasons Mall site to keep the Co ssion informed of the process occurring on that site. Conunissioner Welch said that lie re s uncomfortable with the degree to which the Commission funds projects and then is disconnected the way that the projects roll out. Mr. Asche said that the Commission does not have involvement that presentative of the Commission's investment to the projects. He recommended that the Commission cuss where, when, and how the Commission wants to review the projects. Chair Black provided background on the project for the ed unanimouslv with seven absent from vote]. Minnetonka and Robbinsdale B. AMLAC Request to Create a Document Regarding the Medicine Lake and Lake Level. See Page 13 5 Bassett Creek Watershed Management Commission August 15, 2012 Dear Commissioners, It is the intent of some members of the AMLAC board to present information to you at your meeting tomorrow regarding raising the level of Medicine Lake. I oppose this effort and this letter is to give you some facts and my perspective. As you know, I have resigned from the board and am writing as a citizen of Plymouth. Len Kremer did a very good job in 2010 of explaining the facts about raising the level of the lake, including surface evaporation effects, rainfall data, etc. He described the risks to homes if the lake is kept higher and significant rain events happen. He also explained costs to flood proof homes should the level be kept higher. In addition he told the people at the meeting that increasing the level had the potential to increase erosion and subsequent higher phosphorous levels. Medicine Lake is still on the impaired water body list for phosphorous. February 2011, Kevin and I were out of state and Gary Holter pushed the lake level issue again. He told the board that he would get more information. He never did and at a meeting at the end of the year the board voted 100% to get the data from BCWMC again. The rationale was that the meeting in 2010 was poorly attended, some did not understand the facts still, and citizens deserved to know the facts before any change to the lake level should be put forth. The entire board edited the letter that was sent to BCWMC asking for this information on December S, 2011. 1 have been clear with the board throughout that I did not really believe this was AMLAC business. We received the information we requested from Barr Engineer Karen Chandler on April 17, 2012. On May 9, 2012 the board decided to send a petition asking residents to lobby Plymouth and BCWMC to raise the level of the lake without providing this information to residents. I was not present and did not learn of this decision until the end of July. I also learned that it was decided to present a petition with 600 signatures on it to BCWMC at your meeting tomorrow. These signatures were primarily gathered from attendees of the Art Shanty event from non-residents of the watershed. The same people that decided to gather this as evidence to present to you that there is political will for this on Medicine Lake would not dream of going over and asking boaters launching for the day at the ramp whether they should be subject to rigorous inspections for AIS. Kevin Christian was at the meeting in May and he and others just got tired of fighting against this. He said the rationale for not sending out the factual information from BCWMC was presented as AMLAC has published two opinion articles twice in the newsletter and provided the meeting where Len presented so process has been followed and people are informed. I am attaching an e-mail that I got from Bob Stein reflecting a lack of interest on the part of Plymouth residents to raise the level of the lake. In addition, I have been the person who has maintained the Page 14 AMLAC e-mail and after publishing the issue twice in newsletters, we did not get people e -mailing us asking for this. Also, we have put out periodic surveys and it has not been raised as something residents were advocating for. I see this as the effort of a few to use the credibility of the AMLAC organization to lull people into thinking this is ok to advocate for without disclosing the risk to some people's homes. AMLAC was started in 1974 and has always advocated for things that protect the lake as our mission states. I have opposed a board decision to send a petition out to the AMLAC e -list without the BCWMC information. In reality, I oppose it entirely because I believe that it harms the organization. It is not ok to put the lake or people's homes at risk so some can float their toys better. AMLAC has been diverted from its primary purpose. I also oppose BCWMC spending any money on an effort to look into this variable dam idea. It is tax money that I do not believe should be spent for a recreational purpose. It is already hard enough for entities to get the necessary work done in today's economy. I know that you are operating without an administrator because of costs. I would much rather you find dollars for that to help you help us. Should the petition be sent out to the AMLAC a -list I will be coming back to you asking that BCWMC and the City of Plymouth notify all homeowners living on Medicine Lake of the facts and potential consequences of raising the level of the lake. The costs begin. Thank you for the work you all do. Terrie Christian, 9910 South Shore Drive, Plymouth, MN 55441 Page 15 PQnvuT1t FIRE -RESCUE PLYMOUTH FIRE DEPARTMENT 3400 Plymouth Boulevard Plymouth, Minnesota 55447 763-509-5120 FIRE -RESCUE INCIDENT OF INTEREST DATE: August, 11, 2012 TIME: 10:23 p.m. ADDRESS: Fernbrook La. & Schmidt Lake Rd. DETAILS: Fire Station 2 was dispatched to assist the police with a personal injury accident involving a vehicle that had driven off the roadway. Upon arrival, Duty Officer Perbix confirmed that the vehicle was off the roadway, down a step embankment and lying on its roof. The vehicle was located approximately 150 feet from the road. Two occupants had been ejected from the vehicles as it rolled down the embankment. Conflicting information on the total number of occupants complicated the event and prompted a General Alarm to provide lighting, rescue equipment, and assist with an area search. Engine 21 (Baker, Evans, Flores, Jaeger, R. Olson, T. Peterson) were assigned to the Rescue Division (Perbix) to begin an area search. R-11 (Halverson, Korsmo, Weldon, Abercrombie) utilized high lift jacks and cribbing to raise the car and check for victims. E-21 and R-11 also provided scene lighting. Additional companies were assigned to the Deck for assignment RESPONSE TIME: 12 minutes ON -SCENE PLYMOUTH FIREFIGHTERS: 30 FIRE ORIGIN/CAUSE: ESTIMATED FIRE LOSS: P.F.D. RESPONDING UNITS: Engine Companies: E-21, E-11, Ladder Companies: TW -11,L -21,L-31 Support Units: U-11, U-21 Rescue Companies: R-11, R-31 Chief Officers: Chief 1, Chief 2, Chief 4 Mutual Aid: ASSISTING AGENCIES: EMS: North Yes Red Cross: No Salvation Army: No Public Works: No State FM: No INCIDENT MANAGEMENT: Command (Kline), Operations (Springer), Rescue (Perbix), Deck (Blake) Page 16 0-8* 12-2011 22:18 City of Plymouth City Council Filings for the November 6, 2012 General Election Ward 1 (4 -year term) Judy Johnson 4600 Jewel Ln. Plymouth, MN 55446 (612) 384-4636 judyinplym@comcast.net Ward 2 (2 -year term) Jeff Wosje 1760 Ranier Ln. N. Plymouth, MN 55447 (763)473-2882 jeffwosjeforcitycouncil@gmail.com Ned Carroll 19010 11th Ave. N. Plymouth, MN 55447 (612) 919-9717 ned@nedcarrollforcouncil.com Ward 3 (4 -year term) Bob Stein 2740 Medicine Ridge Plymouth, MN 55441 (763) 542-9828 At Large (4 -year term) Jim Willis Dan Waltenberg 16511 26th Ave. N. 14515 13th Ave. N. Plymouth, MN 55447 Plymouth, MN 55447 jgwillismn@comcast.net dwaltenberg@gmail.com (651) 485-0700 (612) 423-4280 Page 18 AUGUST 10, 2012 !: By Javier Serna Contributing Writer Plymouth, Minn. — David Larson's firearms safety class will go on. But Larson is not happy with the Plymouth mayor and other city officials. Larson said he is frustrated the city shut down the police firing range in the middle of July, a month before his class was to be held there, and he's holding Mayor Kelli Slavik accountable. "She got it in her head that she wasn't going to allow this," Larson said. Larson, a 58 -year-old volun- teer DNR firearms safety ruc insttor, said Slavik and the city have changed their reasons for not allowing the class over the past 18 months. "It's just appalling," Larson said. "The fact that she shut it down one month before the class is just spiteful.... They continue to not remember what they said the day before. I'm sick and tired of this mayor and city council marginalizing sportsmen." Slavik .denied the charge, and Larson's claim the city keeps changing its reasoning. Slavik and Plymouth Police Chief Mike Goldstein contend ongoing water issues forced the city to close down the five -lane range, which sits in the base- ment of Fire Station No. 3. Last grimmer, there was mold in the basement and so fax this year the basement has had water issues three times, Slavik said. That made it an easier decision to shut down the 23 -year-old range, which the city contends is small, outdated, and unsuitable for modern tactical training_ OUTDOOR NEWS PACE 13 "The city's obligation is to pro- vide police officers with training in a high-quality range," Slavik said. "This range does not pro- vide that." While Larson acknowledged the building does have water issues, he is not convinced that the range needed to be shut down, which he contends breaks a new state law he pushed legis- lators to pass. His battle goes back to last year. He sought the help of state leg- islators after the city first denied his request to hold the classes last year. "We've run out of ranges, and we have a range in every com- munity that's called a police range, and it's right in front of us," Larson said. This spring, legislators added an amendment to the onuubus fish and game bill, requiring some metro -area shooting ranges that receive public money to open their doors four times a year for DNR firearms safety classes. The law went into effect July 1. Before the law passed, Goldstein wrote aletter to legis- lators opposing the provisions. Goldstein said he planned on complying with the law, and agreed to allow the class on Aug. 18. "There was one significant caveat," Goldstein said. "And this is where the message has been consistent over time, that, if we had continued water prob- lems in the range, it might not be open for their use on the date they selected." With the ongoing water prob- lems, coupled with the range's size (though it has five lanes, only two police may shoot at a time, and it isn't suitable for tac- tical training), Goldstein said he had been directed by the city Firearms safety education advocates say, by law, the City of Plymouth should allow classes to use the gun range at Fire Station 3 in the commu- nity. City leaders say water and mold issues, which occurred during a recent rain event, render the facility unusable. Photo at left by Javier Serna; Photo above courtesy of City of Plymouth council to seek alternatives. Last year, he shut the range down for a month after the range and its contents were covered in mold. "We're throwing good money at a bad problem that just won't (See Shooting Range Page 57) N" o, AUGUST 10, 2012 Shooting (From Page 13) 1 go away," Goldstein said. There was water in the base- ment on July 18, less than 24 hours after the floor had been sealed, Goldstein said. When asked about the timing of the closure, Goldstein said, "(The water issues) allowed us to expedite our exploration on what we were going to do. I had difficulty having our police offi- cers in our range, and I was not going to subject the public to that same environment." Larson cited a police memo from May 2011, which makes no mention of the water and mold problems. While the memo did state that the facility is too small for public use, it didn't mention that the facility was never designed for public use, as Millie Horkey, of Windom, caught and released this 293/ -inch, 9% - pound walleye while fishing on Lake of the Woods July i S. Goldstein contends now, men- tioning its steep staircase and lack of American Disabilities Act accessibility. "It just isn't conducive to bringing in members of the pub- lic," Goldstein said. Goldstein said the Plymouth police will use the South Metro Public Safety Training Facility in Edina for now, but the city is working on a long-range solu- tion. Last week he met with offi- cials from Maple Grove, which is renovating its police range and has allowed for the DNR firearms safety classes to be held -there in the past. Though Plymouth does not have an agreement with Maple Grove, Goldstein said that may be the city's best option. Slavik said sharing a facility will save public dollars, since building a new range would cost much more. Goldstein said he was never opposed to the principle of shar- ing the police rage. "It's just, (the Plymouth police range) isn't the.place," he said. "I know they have no other options right here today in the city of Awa E—Z ✓�j 2� -&I �35 Easy �- UssCompact Plymouth. I get that, and I apol- ogize for that.... I went through similar firearms training when I was a kid. I get it. It's just the facility that we have isn't appro- priate. Going forward, 1 hope to find them a place where they will have that opportunity." Larsoq is still not satisfied. "These people don't get it," he said. "We (as taxpayers) pay for all the amenities everybody uses." His class will go on, with the three-part course partially taking 4 OUTDOOR NEWS PAGE 57 place on city property, including the lunch room at Plymouth City Hall. For the shooting portion, the class will move to Corcoran, where the city police department has agreed to allow use of its range. "They were gracious enough to allow us to use their range," Larson said. He has vowed to continue fighting with Plymouth over the issue. Hwy 55 weekly update: August 13, 2012 Hwy 55 access update for businesses/residents Early tomorrow morning (Aug. 14) we're starting extensive reconstruction on a portion of Hwy 55 between Witchita Trail and Willow Drive. For approximately the next two weeks, both directions of Hwy 55 will be fully closed to all traffic in this area. Anyone who needs to access a business or residence within the overall closure area (between CR 19 and CR 101) will be able to go as far east as Witchita Trail or as far west as Willow Drive, but will not be able to pass through the area of reconstruction. Motorists who need to access a business/residence on the opposite side of the reconstruction area (for example, coming from Plymouth on Hwy 55 to access a residence on Witchita Trail) will need to use the posted detour route (CR 101, CR 10, CR 50 and CR 19) to access the destination from the other side. Note for local residents Just a reminder to local residents along Hwy 55 in the closure area that we're starting resurfacing in the area this week, with most work occurring overnight to avoid motorist access issues during the daytime. The work may result in an increase or difference in noise in the area at night. Thank you for your patience as we work to get everything completed by the end of this month. For more info Project website: http://www.dot.state.mn.us/metro/projects/hwy55medina/ Phone: 1-855-345-1140 Email: info(a),th55designbuild.com Page 21 Ehlers ark try Drifting August 14, 2012 August is a strange month for the markets. The best analogy may be professional football. August is the time when the NFL starts training camp and pre -season games. But does anyone other than the diehard fan pay attention? The real excitement starts in the fall, when the players and the media blitz are fully engaged. So too have the markets been drifting, if nothing else because attention has been waning. No crisis -du -jour from Europe, but its presence is still there. Domestic U.S. employment numbers are slightly better, but the experts are not convinced that one report makes a trend (see the Bureau of Labor Statistics August 3'd report at httY/ wyww.bls. gov;'news.release%3df:`Kpl sit, . dti. Treasury yields are up slightly over the past two weeks, with the 10 year yield at 1.65%, compared to 1.58% on July 27. Tax-exempt rates have also crept up. The 10 year MMD (yield for a 10 -year maturity, assuming a AAA rating, according to Thomson's Municipal Market Data) is up to a yield of 1.76%, an increase of 5 basis points over one week and 12 basis points since July 27 (1 basis point= 0.01%). Longer term rates for municipal bonds are up a little less. The 30 year MMD now yields 2.92%, up 8 basis points over two weeks. These yield increases are not dramatic, especially with the equity markets improving. The Dow Jones average is up over 200 points in August. The housing market, a driver for many of us in state and local governments, has its bright spots. Home prices are increasing, according to Standard and Poor's Case-Shiller Index (see latest report at h.tl�:i?wwGv.stG�ridar€land oors.corn,'i.nc[ices.'s -case-slrii_ler-3lome� rice- i_ndice:sien,'us "in CiexId=spqSa-cashpidfi. �us---- But the market is meandering, waiting for some very good news or some very bad news. The action will commence after summer vacations are complete and as the presidential election makes the economy the "big" issue. The big issues are taking shape. Should the federal government adopt another stimulus package? What will happen with the federal deficit, if this happens? Is austerity (dramatic drops in spending) the best option? How will entitlements such as Medicare and Medicaid be reformed? While the political debates looming this fall could be highly partisan in nature, the good news is that municipal bonds remain a commodity in demand. While advance refundings with long call dates may be dramatically affected by 10 basis points swings, new money bonds and shorter term refundings are still viable and well-received in the market. EHLERS Page 1 LEADERS IN PUBLIC FINANCE Page 22 MLC Senate Primary Contests Seat Party Challengers Seat Currently Affiliation Held by: SD 45 GOP Timothy Hall Senator Rest (DFL) Blair Tremere (54.4%) SD 46 GOP Paul Scofield (56.4%) Senator Latz (DFL) Roger Champagne SD 55 DFL Kathy Busch (87.3%) Senator Robling (GOP) Josh Ondich (retiring) SD 57 DFL Greg Clausen (78.6%) Senator Gerlach (GOP) Mike Germain (retiring) MLC House Primary Contests Seat Party Challengers Seat Currently Affiliation Held by: HD 43A DFL Peter Fischer (53.6%) OPEN Bob Hill HD 43B GOP Kevin Klein (55.4%) Rep. Lillie (DFL) Bob Zick HD 51A DFL Sandy Masin (88.0%) Rep. Diane Anderson Milton Walden (GOP) HD 55B GOP Tony Albright (78.8%) OPEN Tim Kesperson Page 23 MLC 2012 Races District DFL MIepublican Iff %ndependent/Othe ALC City SD 34 Sharon Bahensky Warren Limmer Maple Grove 34A Adam Fisher Joyce Peppin Maple Grove 34B David Hoden Kurt Zellers Maple Grove SD 42 Bev Scalze April King Shoreview 42A Barb Yarusso Russ Bertsch Shoreview 42B Jason Isaacson Ken Rubenzer Shoreview SD 43 Chuck Wiger Duane (Swede) Johnson Maplewood 43A Peter Fischer Stacey Stout Maplewood 43B Leon Lillie Kevin Klein Maplewood SD 44 Terri Bonoff Dave Gaither Minnetonka/Plymouth 44A Audrey Britton Sarah Anderson Plymouth 44B John Benson Mark Stefan Minnetonka/Plymouth SD 45 Ann Rest Blair Tremere Plymouth 45A Lyn Carlson Jeff Pauley Plymouth SD 46 Ron Latz Paul Scofield Plymouth Page 24 =rFL Ryan Winkler 011epublican John Swanson Independent/Other NILC City Plymouth 46A SD 48 Laurie McKendry David Hann Eden Prairie/Minnetonka 48A Yvonne Selcer Kirk Stensrud Eden Prairie/Minnetonka 48B Tori Hill Jennifer Loon Eden Prairie SD 49 Melissa Franzen Keith Downey Bloomington/Eden Prairie/ Edina/Minnetonka 49A Ron Erhardt Bill Glahn Edina 49B Paul Rosenthal Terry Jacobsen Bloomington/Eden Prairie/ Edina/Minnetonka SD 50 Melissa Halvorson Wiklund Vern Wilcox Bloomington 50A Linda Slocum Craig Marston *Joseph Koch Bloomington 50B Ann Lenczewski Richard Bohnen Bloomington SD 51 Jim Carlson Ted Daley Burnsville/Eagan 51A Sandy Masin Diane Anderson Burnsville/Eagan 51 B Laurie Halverson Doug Wardlow Eagan SD 52 Jim Metzen Dwight Rabuse Eagan/Inver Grove Heights 52B Joe Atkins Paul Tuschy Eagan/Inver Grove Heights -3- Page 25 -4- Page 26 Susan Kent Republican Ted Lillie Independent/Other NILC City a SD 53 Maplewood/Woodbury 53A Joann Ward Pam Cunningham Maplewood/Woodbury 53B Ann Marie Metzger Andrea Kieffer Woodbury SD 55 Kathy Busch Eric Pratt Shakopee 55A Chuck Berg Michael Beard Shakopee 55B Travis Burton Tony Albright Shakopee SD 56 Leon Thurman Dan Hall Bumville/Savage/Lakeville 56A Dave Jensen Pam Myhra Burnsville/Savage 56B Will Morgan Roz Peterson Burnsville/Lakeville SD 57 Greg Clausen Pat Hall Apple Valley/Lakeville 57A Roberta Gibbons Tara Mack Apple Valley/Lakeville 57B Jeff Wilfahrt Anna Wills Apple Valley SD 58 Andrew Brobston Dave Thompson Lakeville 58A Colin Lee Mary Liz Holberg Lakeville -4- Page 26 STATE PRIMARY ELECTION RESULTS -August 14, 2012 P:\Organization\Council\Council Information Memorandums\2012\081612\State Primary Election Results COLOR Page 27 ------------------------ ------------------------ Stephen Williams ------------------------ ------------------------ U.S. Representative ------------------------ lohn Howard III OTMIFUMITIM a e Senator District 46 rtilb-T.n. U5151111 Roger W. Champagne ------------------------ Darryl Stanton ------------------------ ------------------------ ------------------------ Senator District 46 �!a.to Kathleen Murdock Steve Dehler P:\Organization\Council\Council Information Memorandums\2012\081612\State Primary Election Results COLOR Page 27 STATE PRIMARY ELECTION RESULTS -August 14, 2012 P:\Organization\Council\Council Information Memorandums\2012\081612\State Primary Election Results COLOR Page 28 PCT 1 PCT 2 PCT 3 PCT 4 PCT 5 PCT 6 PCT 7 PCT 8 PCT 9 PCT 10 PCT 11 PCT 12 PCT 13 PCT 14 PCT 15 PCT 16 PCT 17 PCT18 PCT 19 PCT 20 PCT 21 PCT 22 PCT 23 TOTAL Three Rivers Park District Commissioner Penn Steele 11 26 24 52 57 27 89 65 94 47 71 71 56 71 32 45 12 58 39 55 56 54 71 1,183 Sara Wyatt 3 12 3 39 30 10 47 26 51 26 30 29 22 72 44 54 29 22 16 26 28 26 23 668 Janice Meyer 1 3 6 8 14 4 10 8 19 5 12 9 14 21 9 13 8 9 9 8 7 9 12 218 James Jim Holmbeck 3 15 29 11 28 5 36 23 39 18 19 22 22 42 17 41 18 17 14 20 20 37 14 510 Chief Justice Supreme Court Jill Clark 5 7 10 27 22 6 34 19 50 25 29 19 20 47 19 28 9 20 16 19 22 18 17 488 Dan Griffith 7 24 19 34 46 18 56 43 49 23 29 61 24 52 36 64 23 37 28 47 38 48 63 869 Lorie Skjerven Gildea 7 23 33 51 71 32 97 49 101 48 71 53 66 130 64 77 40 43 37 48 58 67 48 1,314 Associate Justice 4 Supreme Court Tim Tin elstad 7 21 20 39 44 16 51 30 47 18 28 60 29 59 32 52 16 48 29 43 35 48 55 827 David R.Stras 9 30 31 44 65 33 102 48 100 51 66 57 57 113 61 77 37 39 39 56 51 54 46 1,266 Alan Nelson 2 6 8 26 25 5 32 28 42 21 31 11 14 43 22 33 14 17 12 11 26 28 19 476 Judge 22 4th District Court Steven Antolak 5 16 11 33 35 17 52 30 46 21 29 46 19 46 30 41 19 30 18 30 31 48 46 699 Diane M.Krenz 2 14 7 14 28 6 30 23 39 16 27 25 21 31 16 29 15 23 15 22 25 30 16 474 Deborah Russell 5 8 15 13 12 10 29 13 37 12 12 19 15 44 13 27 12 13 12 19 18 17 22 2,346 Elizabeth V. Cutter 2 14 26 41 56 13 52 44 63 31 46 33 50 85 50 56 22 33 25 30 27 38 32 869 REGISTERED VOTERS 7:00 A.M. 836 2,543 1,434 2,024 1,957 1,293 3,005 1,618 2,578 1,323 1,461 1,445 2,205 3,163 1,768 2,321 1,232 1,950 1,371 2,086 2,033 1,999 1,856 43,501 NEW REGISTRATIONS - ELECTION DAY 3 11 3 5 5 4 91 61 111 51 21 61 71 81 161 111 5 8 3 6 1 13 13 161 TOTAL NUMBER OF REGISTERED VOTERS 839 2,554 1,437 2,029 1,962 1,297 3,014 1,624 2,589 1,328 1,463 1,451 2,212 3,171 1,784 2,332 1,237 1,958 1,374 2,092 2,034 2,012 1,869 43,662 NUMBER OF BALLOTS COUNTED 25 75 74 135 158 60 231 144 247 113 163 160 140 275 133 214 87 127 96 131 145 160 156 3,249 PERCENTAGE VOTING 3.0% 2.9% 5.1 % 6.7% 8.1 % 4.6% 7.7% 8.9% 9.5% 8.5% 11.1%1 11.0% 6.3% 8.7% 7.5% 9.2% 7.0% 6.5% 7.0% 6.3% 7.1%1 8.0%1 8.3% 7.4% P:\Organization\Council\Council Information Memorandums\2012\081612\State Primary Election Results COLOR Page 28 Approved Minutes City of Plymouth Planning Commission Meeting August 1, 2012 MEMBERS PRESENT: Chair Jim Davis, Commissioners Nathan Robinson, Dick Kobussen, Gordon Petrash, Scott Nelson, Bryan Oakley and Marc Anderson STAFF PRESENT: Planning Manager Barbara Thomson, Senior Planner Marie Darling, Senior Planner Joshua Doty, Assistant City Engineer Jim Renneberg, 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 Petrash, seconded by Commissioner Robinson, to approve the August 1, 2012 Planning Commission Agenda. Vote. 7 Ayes. MOTION approved. 5. CONSENT AGENDA A. APPROVAL OF THE JULY 18, 2012 PLANNING COMMISSION MEETING MINUTES MOTION by Commissioner Nelson, seconded by Commissioner Kobussen, to approve the July 18, 2012 Planning Commission Meeting Minutes. Vote. 7 Ayes. MOTION approved. B. STEVEN ANDERSON (2012051) MOTION by Commissioner Nelson, seconded by Commissioner Kobussen, to approve the request by Steven Anderson to approve a variance for construction of a detached garage exceeding 700 square feet at 210 Niagara Lane North. Vote. 7 Ayes. MOTION approved. 6. PUBLIC HEARINGS A. U.S. HOME CORPORATION DBA LENNAR (2012041) Chair Davis introduced the request by U.S. Home Corporation dba Lennar for rezoning and preliminary plat for "Kirkwood", for 46 single family homes to be located at 5205, 5250, 5330 and 5350 Dunkirk Lane N. Page 29 Approved Planning Commission Minutes August 1, 2012 Page 2 Senior Planner Darling gave an overview of the staff report. Chair Davis introduced the applicant, Joe Jablonski, representing U.S. Home Corporation dba Lennar. Mr. Jablonski said Lennar has developed in the City of Plymouth including Windemere Farms, Cascade, West Branch, Heather Run, Bridlewood, and Taryn Hills. He said they look forward to developing another community in Plymouth and appreciates working with City of Plymouth staff. Commissioner Anderson asked about the private neighborhood park and a potential location and if that will happen. Mr. Jablonski said the park location is pending the development of Kirkwood II on the adjacent property to the east. He said if that does not happen, then the park would be removed. Mr. Jablonski said the application has been submitted for Kirkwood 11 which should proceed through the city process in the fall. He said they anticipate including the neighborhood park on Lot 36. Commissioner Anderson said if Kirkwood II does not go through, the park would not be built. Mr. Jablonski said that is correct, based on financial implications of how park lots would be spread through the community. Commissioner Anderson asked about the height of the two retaining walls and how much fill would be used. Engineer Bob Molsted, Sathre-Bergquist, said one of the retaining walls on the west end of the cul-de-sac is on a ravine and would be 4- to 10 -feet in height and 30 feet in length. He said the retaining wall on the south end is six feet in height and takes up half of one back yard. Commissioner Anderson asked if the city requires fencing or protection on a wall of that height. Planning Manager Thomson stated anything over four feet requires a fence. Commissioner Anderson asked in what areas is Lennar proposing to save specimen trees. Mr. Jablonski said there are areas in the rear yards on the western side where the majority of the trees are poplar, box elder and aspen. He said they identified larger areas with an opportunity to save significant oaks or maples. He said the retaining walls were proposed in an attempt to save trees. He said they saved more trees than the original plan showed in several areas of the site. Mr. Jablonski said areas with significant healthy oak and maple trees were looked at more closely. Commissioner Anderson asked how many dead trees are on the site. Mr. Jablonski said they reviewed the health of the trees and revised the original tree count. They are removing 1,100 caliber inches of ash trees or 10% of overall tree removal. In the southwest Page 30 Approved Planning Commission Minutes August 1, 2012 Page 3 corner, trees have grown tightly and thick, providing an overhead canopy but the tree health is not great. Commissioner Anderson noted 63.5% tree removal is higher than recent applications the city has received, and you have to go onto adjacent properties to fit some trees, and have to move a pond. Commissioner Anderson asked if Lennar has considered reducing density and saving some trees. Mr. Jablonski said some of the overall tree removal plan is specific for the Dunkirk Lane improvement. He said those trees were not considered exempt from the overall tree calculation, but at some point Dunkirk Lane would be improved and they would be removed. Lennar has not contested the replacement of those trees. Mr. Jablonski said they are planting on the adjacent farm -type land and there is opportunity to improve that land. Mr. Jablonski discussed density and said a lot of trees proposed to be removed and relocated are in the southwest area and in an area of through streets for future Spring Meadows and Kirkwood II. He added as Dunkirk Lane develops there will be similar tree removal issues and these are difficult properties to develop. Commissioner Kobussen asked how and where wetland mitigation would occur for the wetlands affected for Dunkirk Lane improvement. Mr. Jablonski reviewed the locations of wetlands impacted and proposed mitigation on the northeast and southeast corners. Commissioner Kobussen asked about the rectangular shaped Lot 11 which is 91 feet on the west side and 125 feet on the east side. Mr. Jablonski said there are 91 feet within the original property lot line, plus an additional 33 feet as part of the park land swap. Commissioner Kobussen discussed the gun club next to the westerly lot, and asked if it is Lennar's intent to tell prospective buyers about the gun club regarding noise, etc. Mr. Jablonski said staff provided a sample disclosure to provide to homeowners. He said the disclosure would be similar to the one provided for Timber Creek Crossing. Commissioner Petrash asked why the site plan shows the trail ending in the park. Mr. Jablonski said there will be a trail connection going into the park. He said the city has not finalized the overall master park plan for that connection yet. Chair Davis asked about improvements to both sides of Dunkirk Lane. Senior Planner Darling said there would be a full roadway to city standards from plat boundary to plat boundary. Page 31 Approved Planning Commission Minutes August 1, 2012 Page 4 Chair Davis asked if the Spring Meadows development would be responsible for their section of roadway. Senior Planner Darling said Spring Meadows was approved with the condition that when current outlots are platted into lots, Dunkirk Lane would need to be improved. Chair Davis noted we will end up with a hole in the middle of Dunkirk Lane with unpaved gravel road. He asked if they will transition well. Senior Planner Darling said there will be conditions in development contracts and approving resolutions that require this segment to be improved when lots on the west side of Dunkirk Lane are subdivided. She said the Terra Vista development will have to improve the northern segment of Dunkirk Lane with its two plats. She said one stretch of roadway will still be gravel until a development is proposed and improvements are completed with those developments. Chair Davis asked if there might be a point where the city might fill in the gravel to complete this section of Dunkirk Lane, for example if a homeowner didn't want to sell his property for development. Assistant City Engineer Renneberg said it is a possibility the city could consider, however, there is nothing planned in the Capital Improvements Program at this point. He said this could be analyzed if directed. Chair Davis opened the public hearing. Chair Davis introduced Pat Taffe, 5350 Dunkirk Lane. Mr. Taffe said he and his wife are excited about this proposal and said they think Lennar has done a great job with the proposed plan and it fits with the parkland the city acquired. He said they are anxious to move forward expediently and are very supportive of the plan. Chair Davis introduced Carter Charlson, 5515 Dunkirk Lane. Mr. Charlson said Dunkirk Lane was to be filled in when Spring Meadows was platted. Mr. Charlson stated almost all the houses in the second addition are built and people are living in some of them. He said nothing was said or done about filling in Dunkirk Lane. Mr. Charlson said he wouldn't be happy with paving on the north end and paving on the south end with mud and gravel in between. Mr. Charlson said Lennar is locked in and asked how they will get heavy equipment down Dunkirk Lane. He said it is bad just for cars when it is wet and raining. Mr. Charlson said there is an axel load limit. Mr. Charlson said Gonyea was going to pave Dunkirk Lane and that didn't happen. He said he is suspicious about what they say and what they do. Chair Davis introduced Jim Sable, 4710 Harbor Lane N., who submitted a letter for the public record. Mr. Sable said he is on the Board of Directors for the Plymouth Gun Club which is on the parcel adjacent to the proposed development. Mr. Sable said for the developer, the city and the gun club to ensure Harvest Hills homebuyers were pleased with their decision, the developer posted signage on the property accessing the new development saying the property is adjacent to Page 32 Approved Planning Commission Minutes August 1, 2012 Page 5 a gun club and the hours of operation. Mr. Sable suggested buyers should sign a document stating they had been told they are abutting a gun club, and that document follows the property - not the original owner. He said any new owner would sign a similar document. He said this was the process for Harvest Hills and Timber Creek Crossing and these developments occurred before the Shooting Range Protection Act was passed in 2005. He said this Act "...disallows any development or structure approved after October 1, 2005 within 750 feet of the exterior property line of a shooting range if the development would cause the range to fall out of state standards compliance. Allows a development after the above date if the person requesting approval provides necessary mitigation to permit the shooting range to remain in compliance with state standards." Mr. Sable wanted it noted that the Shooting Range Act exists today and compliance deals primarily with sound. He said before the act there was no sound standard and so the issue of trees, which deaden sound, is something Mr. Sable said he would like the commission to look at. Chair Davis asked Mr. Sable if he believes this project as proposed would cause the gun range to fall out of compliance. Mr. Sable admitted he learned with the Harvest Hills project that he was not knowledgeable about "significant" tree definitions and trees not counted if removed for a house, street or cul-de- sac. Chair Davis introduced Ken Nelson, 5042 Everest Lane. Mr. Nelson said there are deer, wild turkeys, and owls in the area, and he runs up and down Dunkirk Lane frequently. He said he will miss the gravel road, but when he heard Lennar is proposing the development, he was thrilled. He said he is the happy homeowner of a Lennar home, and is thrilled because of property improvement to homes to the south. Mr. Nelson said he is happy to see the park and hopes Kirkwood II will proceed in due time. He said sites to the north are adding value to his property as well, and commended the City of Plymouth in being as aggressive as they are in developing the area. Chair Davis said many times homeowners say a proposed development will de -value their home, so it is nice to have someone come in to say a development will improve home values. Chair Davis introduced Steve Roell, 5915 Dunkirk Lane, who said some of Kirkwood I is connected to the sewer on the west side of Dunkirk Lane. Mr. Roell said he was told for sewer to come from the west side of Dunkirk, there had to be a change in the Comprehensive Plan, and asked if the city had made application for that change. Mr. Roell asked if a traffic study had been done to determine traffic direction from Spring Meadows and other developments in the area. He asked if the developer could put a stop light at Dunkirk Lane and County Road 47 as part of the improvements to help get out from these developments. Chair Davis closed the public hearing. Planning Manager Thomson said the northern part of Dunkirk Lane has not been paved because the portion of Spring Meadows 2nd Addition that requires construction of Dunkirk Lane has not Page 3 3 Approved Planning Commission Minutes August 1, 2012 Page 6 been final platted. She said the homes that have been constructed do not have access to Dunkirk Lane; their access is to Vicksburg. Chair Davis asked if any homes in Spring Meadows 2nd Addition will have driveway access on Dunkirk Lane. Planning Manager Thomson said there are some homes in areas not yet final platted that will access Dunkirk Lane. Chair Davis asked if it is imminent that these final plats will be brought forward. Planning Manager Thomson said not at this point. Chair Davis asked if Terra Vista will have a traffic light at Dunkirk Lane. Assistant City Engineer Renneberg said to install a traffic control signal, criteria regarding volumes and number of crashes needs to be met. He said he had not reviewed data but said he suspects with what is proposed, a traffic signal would not be required at this time, but in the future as traffic volume increases, this could be looked at. Planning Manager Thomson said typically when the city has enough data to determine a signal is likely warranted, the signal requirement is added to a resolution. Commissioner Oakley asked if the city or county have a regular review period for these areas. Planning Manager Thomson said County Road 47 is not under out jurisdiction, and added there have been discussions regarding the city taking over that roadway. Assistant City Engineer Renneberg added the city is required to do traffic counts every four years on stated -aid roadways. The county does traffic studies on County Road 47and County Road 6 every two years. Chair Davis asked if there been studies done on directional distribution of the traffic from this area to County Road 47, Vicksburg Lane and Dunkirk Lane. Assistant City Engineer Renneberg said we have not seen studies or data that would provide that information. Planning Manager Thomson reviewed that there is not sufficient traffic at this time to warrant a traffic signal. She said this area was developed with large lots and now it has been subdivided into suburban density, but overall, it is not a large number of homes. Mr. Jablonski said access for heavy equipment would come from the south end of Dunkirk Lane from Schmidt Lake Road and the minor collector through Spring Meadows. Mr. Jablonski said he understands the load restrictions on Dunkirk Lane in its current condition. Page 34 Approved Planning Commission Minutes August 1, 2012 Page 7 Regarding sewer service, Senior Planner Darling said the portion of the site on the west side of Dunkirk Lane is shown in the comprehensive plan to flow south. She said there is a grade break and the sewer line would be extended up from Timber Creek Crossing to serve all but the northernmost 14 lots, which would get service from the north and east through Spring Meadow. Planning Manager Thomson said the city is well aware of the gun club standards. She said the Department of Natural Resources (DNR) has not yet developed standards to administer at a local level. Planning Manager Thomson said the city has worked with the city attorney to do everything we can in Harvest Hills and Timber Creek Crossing so people recognize the gun club is there. Commissioner Nelson asked if documents are signed when a house changes hands. Senior Planner Darling said property owners sign a separate disclosure notice; subsequent property owners are notified through homeowner association documents, and each building permit application would include a disclosure about the Shooting Range Protection Act. Senior Planner Darling said this application does not have a condition in the resolution requiring specific signage because this development does not have direct road access to the gun club property. Timber Creek Crossing and Harvest Hills had a road stub to the property. Commissioner Anderson asked if the disclosure is written in the declaration of covenants which runs with the land. Senior Planner Darling answered affirmatively. Commissioner Anderson asked about the distance between the closest home and the gun club property. Senior Planner Darling said there are three lots that directly abut the gun club property on the southwest corner of Dunkirk Lane. Commissioner Anderson said Mr. Sable said that if any of these three lots are within 750 feet, the gun club would fall out of compliance. Planning Manager Thomson said the problem is there are no standards to tell us what that means. She said that is why we have notification. Commissioner Petrash asked who would enforce this or who is responsible if it is out of compliance. Planning Manager Thomson said it would be difficult to enforce as there is no standard. She added the city has not had complaints because there is a lot of information for people who live nearby and that has worked out well. Commissioner Petrash said subsequent owners 10-15 years from now might make that an issue. Page 3 5 Approved Planning Commission Minutes August 1, 2012 Page 8 Senior Planner Darling clarified that the disclosure in the documents applied to the property for each lot make it clear that the gun club will continue on their property and they are under no obligation to cease operation at any point. Commissioner Petrash asked what body wrote the guidelines for the gun club. Senior Planner Darling said this is a State of Minnesota regulation requiring that the gun club continue to be in compliance with noise laws. Commissioner Petrash stated ultimately the gun club can be out of compliance, even though the owners acknowledge them, because of the fact that they are within 750 feet. Planning Manager Thomson reiterated city staff and the city attorney have looked for ways to address this without standards. She said there are no standards, and both sides have property rights. Chair Davis asked Mr. Jablonski if Lennar concurs with the conditions to move the 52nd Avenue 10-15 feet north and improving the current alignment of 51St Avenue to the north plat boundary prior to selling homes. Mr. Jablonski answered affirmatively. Commissioner Anderson said the road connection is not a problem as there are two other connections so residents do not have to take the gravel road. He asked if there is a condition regarding the gun club notice in the declaration of covenants. Senior Planner Darling referenced Condition 4.a.(4). Subp.3. Commissioner Anderson said he is disappointed in the tree removal, but there is not much that can be done. He said not many trees are in the roadway and it is an exaggeration for Lennar to say roadways are causing the problems. Commissioner Anderson said he understands density and housing and to plant the farm field for Kirkwood II is a good way to balance that out. Commissioner Petrash said he has concerns about the gun range compliance and sees two lawyers in 15 years turning this unclear standard into a lawsuit. He said there is no clear cut responsibility and this looks too open ended. Commissioner Petrash said he uncomfortable with the situation but does not want to keep this from going forward. He said the gun club will have to worry about this in the future. Commissioner Nelson said his biggest concern is if the notice and disclosure will be continued in 15 years. He said the key is to know what you are buying. Page 36 Approved Planning Commission Minutes August 1, 2012 Page 9 Commissioner Anderson said if it's in the deed and part of records, a new owner should be checking the document. He stated it will be in the declaration of covenants that runs with the land. Commissioner Oakley said he shares the concern with everybody that a rule was passed in 2005. He said someday there will be some standards. Commissioner Oakley said it doesn't seem reasonable to apply the rules to properties developed after 2005, but would assume some ex post facto type situation that when standards came in that properties going forward would be required to meet those standards.. Mr. Jablonski commented there are existing neighborhoods that were built after 2005 within the 750 -foot radius and there are existing homes in the area. He said they have the ability to properly disclose the information for the ten lots on the west side of Dunkirk Lane. Mr. Jablonski added if a property owner on Dunkirk Lane resold their home as is and did not develop, there would not be a condition that requires notification and approval. Mr. Sable added there are now standards that have decibel levels which were not present when other developments were put in. He said he dealt with the DNR and the Harvest Hills developer regarding sound standards at that time. He said it is in the city council minutes that the developer agreed that homes within range of the gun club would be built to specifications of homes built near an airport. Mr. Sable said the act says vegetation and trees are the best things for mitigating noise. He compared the 63.5% tree loss to the Harvest Hills development losing 88% of the trees. He said if you look at the trees on the gun club property, that is exactly what Harvest Hills looked like before development, but the 88% replacement trees are smaller and not what you would consider sound mitigating. Commissioner Petrash said with that information, he still has doubts that this has not been investigated thoroughly. He said the city should look into Mr. Sable's concerns more before he can make an absolute decision if we are putting the gun club in an untenable position. Commissioner Robinson said he agrees with Commissioner Petrash that this is a gray area. If we are putting the gun club at risk because we are not sure about decibel levels and what the tree removal might be do, he cannot support this. Commissioner Anderson said it would be easy to determine the decibel levels. He questioned if this condition should be included now or sound levels should be done after the trees are removed. He said noise could be mitigated by putting in proper insulation to be in compliance. Planning Manager Thomson said staff could check on the original legislation and determine if any conditions have been added. Page 37 Approved Planning Commission Minutes August 1, 2012 Page 10 Chair Davis read from the Shooting Range Protection Act "...after October 1, 2005 any new development within 750 feet of the shooting range perimeter will be responsible to preplan and install its own sound mitigating devices to keep the range compliant with the sound standards. Chair Davis said it would behoove the developer to ensure the range is still compliant after development. Chair Davis said the document does state over an hour's period sound cannot exceed 63 decibels. Commissioner Kobussen said Lot 36 shows a home on the lot. He asked Lennar's intent for providing information to prospective buyers regarding that lot and the neighborhood park if Kirkwood II goes in or does not go in. Mr. Jablonski displayed a concept plan of the park with a pool and bath house. He said they anticipate the Kirkwood II application to be through the city process before releasing homes for sale in the proposed development. Planning Manager Thomson added that in situations like this the city does require the developer to plat the lot such that a home could be built if the park does not go forward. Commissioner Nelson reviewed that the gun club has some precedent set from previous developments, the developer is responsible for sound mitigation, there is disclosure, there is notification, and he said it is not our responsibility to interpret this. Commissioner Nelson said he has no problem approving the plan and is not worried about the city's exposure to this. He said he likes the overall plan, the park, and likes the land traded to the city. Commissioner Nelson said the mitigation plan for wetlands is sufficient. Commissioner Nelson said he is concerned about heavy equipment going through four residential neighborhoods and partially developed neighborhoods until such time as Dunkirk Lane is acceptable for heavy equipment. He said there would be increased traffic on Dunkirk Lane on a paved, gravel, then paved road over the course of possibly several years. He said he is worried about the conditions of Dunkirk Lane over time and what that means with increased traffic. Commissioner Nelson said it will not prevent him from supporting the plan, but the patchwork road is going to be under construction for 5 years and it reminds him of our interstate system in Minneapolis. Commissioner Nelson said he supports moving plan forward. Commissioner Petrash said he does not see anything in the building code that requires sound mitigation for these homes. Commissioner Petrash said we are passing a problem down to homeowners and future homeowners. He said we need further clarification if the developer is required to have sound mitigation from the gun club. Commissioner Petrash said this should be included in the approval. Chair Davis noted Timber Creek Crossing is right beside the gun club and asked if there was special building methodology for homes that appear to be as close as the proposed houses in Kirkwood. He asked if there were complaints from Timber Creek Crossing homeowners. Page 38 Approved Planning Commission Minutes August 1, 2012 Page 11 Senior Planner Darling said there were complaints from time to time as people hoped to change the gun club once they moved in. Senior Planner Darling said when Harvest Hills was approved in 2001, and Timber Creek Crossing in 2002, there were conditions included to mitigate sound effects for those townhomes located next to the gun club. Senior Planner Darling said the developer proposed air conditioning so windows could be closed in the summer and double/triple paned glass was used in the windows. MOTION by Commissioner Nelson seconded by Commissioner Anderson, to approve the request the request by U.S. Home Corporation dba Lennar for rezoning and preliminary plat for "Kirkwood", for 46 single family homes to be located at 5205, 5250, 5330 and 5350 Dunkirk Lane N. Motion for friendly amendment by Commissioner Petrash, seconded by Commissioner Kobussen, to review any standards available regarding the Shooting Range Protection Act and that staff add any mitigation that may be required to the approving resolution. Friendly amendment accepted by Commissioner Nelson. Chair Davis said he is surprised Lennar is not saying they would do everything they can to remedy the situation. Chair Davis recommended that Lennar present to City Council how they intend to make this happen because he interprets the document saying it is the developer's responsibility to ensure the gun club is in compliance. Roll Call Vote. 7 Ayes. MOTION approved unanimously. B. CITY OF PLYMOUTH (2012053) Chair Davis introduced the request by the City of Plymouth for a zoning ordinance text amendment pertaining to signage above the roof line. Senior Planner Doty gave an overview of the staff report. Commissioner Anderson asked for clarification regarding a perpendicular parapet not exceeding eight feet. Senior Planner Doty explained the perpendicular element can be the same height as allowed for the building, but there cannot be signage on it above the roof if it is taller than eight feet. Commissioner Petrash asked if the perpendicular element is 45 feet in height, then a sign cannot be placed eight feet above. Senior Planner Doty answered affirmatively. Commissioner Petrash asked about the logic for this height limitation. Page 39 Approved Planning Commission Minutes August 1, 2012 Page 12 Senior Planner Doty said the logic is simply to have some limitation on signage being much taller than a building roof line. He said that under current code you could have a lower building wall and then construct a thin tower with a lot of signage on it. Planning Manager Thomson added that when we change the code, such as with the annual update, we are many times correcting a regulation that didn't work well. There can be unintended consequences. In this case, we did not realize there might be an instance where there could be two sign towers for a business. Planning Manager Thomson said the city is trying to keep signage reasonable but not overdone. Commissioner Nelson said he can understand that a business may want a certain height due to their location. He asked if there are many business that have signage that this amendment would limit in the future. Senior Planner Doty said we don't have a lot of examples of the perpendicular column element, but it is getting to be a more commonly used design feature. Commissioner Nelson said this is a control mechanism for the perpendicular column. Senior Planner Doty answered affirmatively and added that we are looking to the future for what we could potentially see. Commissioner Kobussen asked if there is a reason for using eight feet as the limit. Senior Planner Doty said they used examples that currently exist in the city, and added that staff felt that eight feet seemed to be a reasonable height to still allow people to use this design element, while not allowing sign towers. Commissioner Oakley asked if we would be okay with someone putting a clock on a tower or a design element such as a red dot. He added a circle around that red dot would then be a problem. Senior Planner Doty said there is a definition of what signage is, and it includes logos and things that are intended to be advertisement. Chair Davis opened and closed the public hearing, as there was no one present to speak on the item. Commissioner Robinson asked if variances could be requested if this amendment is passed. Senior Planner Doty answered affirmatively. MOTION by Commissioner Anderson, seconded by Commissioner Nelson, to approve the request by the City of Plymouth for a zoning ordinance amendment to the text of the regulations pertaining to wall signage. Roll Call Vote. 7 Ayes. MOTION approved unanimously. Page 40 Approved Planning Commission Minutes August 1, 2012 Page 13 7. NEW BUSINESS 8. ADJOURNMENT MOTION by Chair Davis, with no objection, to adjourn the meeting at 8:54 p.m. Page 41 Plymouth Beyond the Yellow Ribbon Meeting Aug 15, 2012 Minutes and next steps Attendees: Karyl Sorge, Doug Johnson, Sylvia Grismer, Regina Michaud, Krismar Waage, Jay Whitcomb, Hans Brakob, Gary Goldetsky Meeting started at 6:OOPM and ended 8:15PM 1 Regina Michaud, lead a discussion to help revise the PBYR action plan so that it could be presented to the City Council in October,2012 and meet BYR guidelines. She will forward the document to the steering committee for approval 2 Group discussed the option to connect and partner if possible with newly forming Southwest BYR and developed consensus to attend their meeting in September (date currently unknown & will be forwarded to the group) to clarify partnership opportunities, e.g., web site, data base development etc. 3 The group decided that Data Base Management (on alllevels) is needed for PBYR and we need a sub -committee to address this area... Please look for college "interns" that might be able to help in this area and improve their resume and experience. We need to keep track of resources and service requests to provide documentation at audits. 4 The group reviewed a "sample" Annual Yellow Ribbon Meeting Agenda that will help with managing objectives and staying in compliance of BYR guidelines—there was consensus this type of agenda and schedule would be helpful for the group 5 Doug Johnson agreed to inform PBYR of military events , deployments and returns where representation or volunteer options are possible. These will be forwarded to the distribution list as available. 6 All in agreement that sub -committees need to start work: Currently the following have designated a sub -committee to work with: Public Relations/Marketing: Krismar Waage Service Delivery: Jay Whitcomb, Gary Goldetsky Fund Raising/Event Management: Data Management Governance 7 The group agreed that future PBYR Steering Committee meetings will take place on the 2nd Thursday of each month @ 7:00PM (location to be coordinated). The next meeting is scheduled for September 13, 2012. 8 Volunteers are needed for Plymouth on Parade September 29, 2012 to walk in the parade and handout materials from our booth. Please let me know if you will participate. We will assemble approximately at 10:OOAM that day. More details to follow as we get closer to the event. We may get a Hummer from the military for the event! Minutes submitted by Gary Goldetsky, Aug 16, 2012 Page 42