Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Council Information Memorandum 08-05-2011
CITY OF PLYMOUTH rp) COUNCIL INFO MEMO August 5, 2011 UPCOMING MEETINGS AND EVENTS EQCAgenda 08/10/11 ......................................................................................................................... Page 1 MN Arboretum Clean Water Summit 09/08/11.................................................................................... Page 2 Shingle Creek Watershed Management Commission Public Hearing 09/08/11 .................................. Page 4 Bassett Creek Watershed Management Commission Public Hearing 09/15/11 ................................... Page 5 August, September, October 2011 Official City Meeting Calendars .................................................. Page 7 Tentative List of Agenda Items for Future City Council Meetings ................................................... Page 10 INFORMATION News Articles, Releases, Publications, Etc ... Used -oil dropoff site opens in Plymouth, Article, Star & Trib......................................................... Page 11 Hennepin seeks to pick up pace of recycling, Article, Star & Trib.................................................... Page 12 Plymouth Teen Wins Nat'l Investment Essay Contest, Article, TCB Magazine ................................ Page 14 Ehlers Market Commentary 08/02/11............................................................................................... Page 16 MEETING MINUTES Planning Commission Minutes 07/20/11.......................................................................................... Page 19 STAFF REPORTS Engineering Active & Pending CIP 08/04/11.................................................................................... Page 31 CORRESPONDENCE Letter to Property Owner, RE: Conditional Use Permits for MN School of Cosmetology 2011050 Page 34 Letter to Resident, RE: Property variance for Foley 2011053.......................................................... Page 35 Letter to Resident, RE: Rezoning and PUD General Plan for Rational Energies 2011056 .............. Page 36 Letter to Resident, RE: Conditional Use Permit for Religious Institution 2011051 ......................... Page 37 Letter from HC Transportation, RE: Retaining Wall along CSAH 15 ............................................... Page 38 Letter RE: Broadview Networks, Inc. utility company...................................................................... Page 41 Letter from NW Suburban Cable, RE: Quarterly payment of 2011 Cable Grant ............................... Page 42 Letter from MPCA, RE: Storage Tank Release Action, Leak 18450 ................................................. Page 43 Letter RE: Major Plan Amendment for Bassett Creek WSM Sept 2004 Plan ................................... Page 45 ENVIRONMENTAL QUALITY COMMITTEE AGENDA August 10, 2011 WHERE: COUNCIL CHAMBERS Plymouth City Hall 3400 Plymouth Boulevard Plymouth, MN 55447 CONSENT AGENDA All items listed on the consent agenda* are considered to be routine by the Environmental Quality Committee and will be enacted by one motion. There will be no separate discussion of these items unless a Committee member, or citizen so requests, in which event the item will be removed from the consent agenda and considered in normal sequence on the agenda. 1. 7:00 P.M. CALL TO ORDER 2. 7:05 P.M. PUBLIC FORUM — Individuals may address the Committee about anv item not contained in the regular agenda. A maximum of'1 S minutes is allotted for the Forum. 3. 7:20 P.M APPROVAL OF AGENDA - EQC members may add items to the agenda including items contained in the EQC Info Memo for discussion purposes or staff direction only. The EQC ivill not normally take official cial action on items added to the agenda. 4. 7:25 P.M. PRESENTATIONS AND PUBLIC INFORMATION ANNOUNCEMENTS 5. 7:25 P.M. CONSENT AGENDA* A. Approve the June 8, 2011, Environmental Quality Committee Meeting Minutes 6. 7:30 P.M. PUBLIC HEARING 7. 7:30 P.M. GENERAL BUSINESS A. Composting Grant Program 8. REPORTS AND STAFF RECOMMENDATIONS 9. FUTURE MEETINGS — September 14, 2011 — Emerald Ash Borer &: Tree Ordinance Review. Meeting to be held in Parkers Lake Room. 10. 8:00 P.M. ADJOURNMENT Page 1 Minnesota Landscape ARBORETUM J SPONSORS Minnehaha Creek Watershed district Minnesota Dept. of Natural Resources University of Minnesota Extension r DONORS Ramsey -Washington Metro Watershed District Wenck Associates PATRONS Anchor Block Company Bonestroo Capitol Region Watershed District Minnesota Nursery and Landscape Association ADDITIONAL SUPPORT Minnesota Pollution Control Agency Minnesota Sea Grant Northland NEMO Photo: Fred Rorttntalski, Barr Engineering CLEAN WATER SUMMIT 2011 Green Infrastructure for Clean 'mater: Trees, .Roots, And Their !Role in Storinwater Management UNIVERSITY OF MINNESOTA Registration, details, updates: www.arboretum.umn.edu/greeninfrastructureforcleanwater.aspx Ltr1�SS l -1w Njnow,,Jd pn�g gjnowl1jd OOb L L��noLu.Cid ° Jilt") xao�aT;NI tC11� `sTxaxLty a�xn�'� laruste1 pa(jstatvjj �-?d.ta vyvyatrzulV:oloyj Jteaura8vttvrr .tatvnitutatssilHJ11tao7 juawo6ouoly Jatomwicys ur 8jo2 ararfl PUV 15{002j 's04J1 :.raloM uoaf.) JOJ a.rrfPn450JjUE uaarO 8 1d311W31d3S ""l sinH1- L LOZ 11WWf1S H31VM Na31:) 8I SSS NW `L'S_0`ID 1 11 L9'd09 L'V 2ATIQ Lum;)7oClxV f/� ade3spuc-j ejosauu!fy r HDI1io N©I.LVDnCI9 + Page 2 Minnesota Landscape ARBORETUM `Romeo &Juliet"from Steve Tobin's STEELROOTS. Photo courtesy Don Olson TREES, FROM THEIR ROOTS deep within the earth to their leaves high in the sky, provide economic, social, and environmental benefits to our communities. The 2017 Clean Water Summit will faces on trees and the role they play in pro- tecting and achieving clean water. SPECIAL EVENING PROGRAM INVITATION TO LOCAL LEADERS 5:00-8:30 p.m. Local elected and appointed leaders are invited to attend a special, abbre- viated session of the Clean Water Summit, The program will feature the take-home messages for Minnesota communities and the role of local leaders, as well as the 2011 Tree City USA Award Program. Locals leaders are also invited to at- tend the TREE CITY PANEL at 3:00. CLEAN WATER SUMMIT 2011 Presented by the Minnesota Landscape Arboretum In collaboration with Minnehaha Creek Watershed District UNIVERSITY OF MINNESOTA GREEN INFRASTRUCTURE FOR CLEAN WATER: TREES, ROOTS, AND THEIR ROLE IN STORMWATER MANAGEMENT Thursday, September 8, 8:30 a.m.-5:00 p.m. - MacMillan Auditorium Featured Speakers and Summit Highlights MARK SEELEY, PH.D., Master of Ceremonies — Extension Climatologist and Meteorologist, University of Minnesota, National Weather Service, and Minnesota State Climatology Office DAViD NOWAK, PH.D. — Urban Forest Researcher, USDA Forest Service, Northern Research Station GARY JOHNSON, PH.D. — Professor, Urban and Community Forestry, Department of Forest Resources, University of Minnesota CONCURRENT SESSION 1: Performance, Design and Engineering — The Technical Aspects of Trees in Stormwater Management • Design Considerations for Clean Water and Healthy Urban Trees • Maintaining Trees as Part of the Stormwater System • Pollutant Removal and Contributions from Trees CONCURRENT SESSION 2: Policy and Planning -- Tree Inventory, Assessment and Protection • Tools for Tree Inventory and Assessment • Applying Stormwater Credits for Trees • Tree Preservation and Protection through Ordinances Tree City Panel — Local elected leaders, city administrators, public works directors, and planners will share perspectives on the use of trees to help achieve clean water goals and sustainable communities. Money Does Not Grow on Trees — Update: Clean Water Fund and DNR Community Forestry Bonding Grants Tree Give -Away — Courtesy Minnesota Nursery and Landscape Association Happy Hour at the Arboretum 5-6 p.m. — Cash bar Registration, details, updates: www.arboretum.umn.edu/9reeninfrostructureforcleanwater.aspx UMVERSITY OF \ilti\ESC>TA tWATER H ED D CREEK EXTENSION WATERSHED DISTRICT Driven to Discover- n>:c>�arrwr a GREEN INFRASTRUCTURE FOR CLEAN WATER SUMMIT THURSDAY, SEPTEMBER 8, 2011 ❑ $50/day Arboretum mem6er/Affiliate' (see reverse) ❑ $60/day General registration ❑ FREE! Elected or appointed official `Affiliates of sponsors, donors and endorsing organizations attend at the Arboretum member rate. Make checks payable to MINNESOTA LANDSCAPE ARBOREruM. Name Organization Address Daytime Phone(s) city Title Email Address: CEU equivalent hours/day available. State ZIP Mail to: Education Office, Minnesota Landscape Arborekim To register by credit card, visit 3675 Arboretum Drive www.ar6oretum.umn.edu/greeninfrostrucPj-cm Chaska, MN 55318 or contact the Arboretum Education Office at 952-443-1422. Legal Notice NOTICE OF PUBLIC HEARING SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION TO WHOM IT MAY CONCERN: Notice is hereby given that the Shingle Creek Watershed Management Commission will meet at Lancer at Edinburgh, 8700 Edinbrook Crossing, Brooklyn Park, MN, on Thursday, September 8, 2011 at approximate) 12:45 p.m. or as soon thereafter as the matter may be heard, for a public hearing on the 0 owing improvement: PROJECT 2011-01 CONNECTIONS AT SHINGLE CREEK RESTORATION Location: Brooklyn Boulevard to 700 feet downstream of Noble Avenue N Description: The project would construct stream corridor improvements including buffer installation, habitat enhancement and reacration improvements as recommended by the Shingle Creek Corridor Study, the Connections at Shingle Creek Study, and the Shingle Creek impaired biota and dissolved oxygen TMDL. Cost: The estimated project cost is $350,000. Of this amount, the Cities of Brooklyn Center and Brooklyn Park would fund $262,500. The Commission proposes to fund $87,500 by certifying this cost to Hennepin County for collection with the county ad valorem tax levy. The Conunission proposes to proceed under the authority granted by Minnesota Statutes, Section 103B.251 to certify its share of the project cost to Hennepin County for payment by a tax levy on all taxable property located within the Shingle Creek watershed. This watershed includes portions of the cities of Brooklyn Center. Brooklyn Park, Crystal, Maple Grove, Minneapolis. New Hope, Osseo, Plymouth, and Robbinsdale. Maps of the watershed are available at the respective city halls or at www.shinglecreek.org Persons who desire to be heard with reference to the proposed improvement will be heard at this meeting. Written comments may be submitted to Tina Carstens. c/o JASS, 3235 Fembrook Lane, Plymouth. MN 55447, or emailed to judieLwiass.biz. Auxiliary aids for persons with handicaps are available upon request at least 7 days in advance. Please contact Judie Anderson at 763-553-1144 to make arrangements. Isl Tina Carstens, Chair By order of the Shingle Creek Watershed Management Commission Published the weeks of August 8, 2011 Brooklyn Center Sun Post Champlin -Dayton Press Minneapolis Finance & Commerce New Hope Sun Post Robbinsdale Sun Post ### and August 15, 2011 Brooklyn Park Sun Post Crystal Sun Post Osseo -Maple Grove Press Plymouth Sun Sailor Z:1Shingle Creek%C]PsL01 ]\Legal Notice 2000 ctdoc July 29.2011 RECEIVED TO: City Clerk - BCWMC Member Cities FROM: Bassett Creek Watershed Management Commission (BCWMC) RE: Notice of Public Hearing to be held on Se tember 15, 2011 _ A Hearing on Proposed Improvements Contained in the Proposed Major Plan Amendment to the Bassett Creek Watershed Management Commission's Watershed Management Plant JUL 2 9 7011 Enclosed is a Notice of Public Hearing notifying the Bassett Creek Watershed Management Organization Member Cities that the Bassett Creek Watershed Management Commission (BCWMC) will be holding a public hearing to hear public testimony and member city comments regarding two of the proposed improvements contained in the BCWMC's proposed major plan amendment to its Watershed Management Plan. The proposed improvements involve: Restoring 2.5 miles of the Main Stem of Bassett Creek from Irving Avenue North in Minneapolis to Golden Valley Road in Golden Valley for 2012. The estimated cost of this improvement is $1600,000. Modifying the outlet of Wirth Lake to prevent backflow from the Creek during flooding, which would reduce phosphorus loading to the lake, as recommended in the Wirth Lake TMDL Implementation Plan for 2012. The estimated cost of this improvement is $250,000. The BCWMC received a $75,000 grant for this project from the Minnesota Board of Water and Soil Resources through the 2011 Clean Water Fund Competitive Grants Program, which will be applied to the total cost of the project. The public hearing will be held during the BCWMC's 11:30 a.m. meeting on Thursday, September 15, 2011, at the BCWMC's regular meeting location of Golden Valley City Hall. Interested persons are invited to attend the public hearing. Information on the proposed projects is available on the BCWMC's Web site at: http://www.bassettcreekwino.org/PlanAmendnlents[PlanAinendmentHome.htm If you have any questions regarding the public hearing, please contact the BCWMC's Administrator, Geoff Nash, at 952-240-3025 or gnashbetvme(n)g]laii.colll. Sincerely, Linda Loomis, Chair, Bassett Creek Watershed Management Commission Enclosure Page 5 BASSETT CREED WATERSHED MANAGEMENT COMMISSION NOTICE OF PUBLIC HEARING Proposed Improvements Contained in the Major Plan. Amendment to the Bassett Creek Watershed Management Commission's Watershed Management Plait NOTICE IS HEREBY GIVEN that the Bassett Creek Watershed Management Commission (BCWMC) will meet at Golden Valley City Hall, 7800 Golden Valley Road, Golden Valley, Minnesota, on Thursday, September 15, 2011, and will hold a public hearing at 11.30 a.m. Interested persons are invited to attend. The purpose of the public hearing is to hear public testimony and comments of member cities regarding two proposed improvements contained in the BCWMC's proposed major plan amendment to its Watershed 1lanagenient Plata. The proposed improvements involve the following; • Restoring 2.5 miles of the Main Stem of Bassett Creek fi-om Irving Avenue North in Minneapolis to Golden Valley Road in Golden Valley for 2012. The estimated cost of this improvement is $600,000. • Modifying the outlet of Wirth Lake to prevent backflow from the Creek during flooding, which would reduce phosphorus loading to the lake, as recommended in the Wirth Lake TMDL Implementation Plan for 2012. The estimated cost of this improvement is $250,000. The BCWMC received a $75,000 grant for this project from the Minnesota Board of Water and Soil Resources through the 2011 Clean Water Fund Competitive Grants Program, which will be applied to the total cost of the project. The proposed method by which the costs of the improvements are to be paid is a levy of an ad valorem property tax by Hennepin County on property within the Bassett Creek Watershed. BASSETT CREED WATERSHED MANAGEMENT COMMISSION Linda Loomis, Chair Page 6 r� Plymouth; Adding Quality to Life August 2011 Modified on 08!05111 Page 7 1 2 2:30-5:00 PM 3 7:00 PM 4 7:00 PM 5 6 NIGHT TO UNITE PLANNING HUMAN RIGHTS KICKOFF COMMISSION COMMITTEE Plymouth Creek Center MEETING MEETING Council Chambers Medicine Lake Room 6:30-9:30 PM NIGHT TO UNITE 7 8 9 5:00 PM 10 7:00 PM 11 12 13 SPECIAL COUNCIL ENVIRONMENTAL MEETING* QUALITY Medicine Lake Room COMMITTEE 7:00 PM (EQC) MEETING REGULAR COUNCIL Council Chambers MEETING Council Chambers 14 15 16 17 18 19 20 6:00 PM 7:00 PM SPECIAL COUNCIL PLANNING MEETING COMMISSION Budget Study Session MEETING Medicine Lake Room Council Chambers 21 22 23 24 25 26 27 5:30 PM a:0o PM SPECIAL COUNCIL, HRA MEETING MEETING Parkers Lake Room 2012-2016 CIP Medicine Lake Room 7:00 PM REGULAR COUNCIL MEETING Council Chambers i 28 29 30 31 ' Discuss Recycling Proposals Modified on 08!05111 Page 7 City of Plymouth Adding Quality to Life September 2011 Modified an 0810511 f Page 8 1 2 3 4 5 6 7 8 9 10 6:00 PM CANCELLED 7:00 PM SPECIAL COUNCIL PLANNING PARK & REC MEETING COMMISSION ADVISORY DAY Budget Study Session MEETING COMLABOR If Necessary Medicine Lake Room RAC) MEETING MEETING CITY OFFICES Medicine Lake Room Conch Council Chambers CLOSED 11 12 13 6:00 PM 147:00 PM 15 16 17 SPECIAL COUNCIL ENVIRONMENTAL MEETING' Medicine Lake Room QUALITY COMMITTEE (EQC) MEETING 7:00 PM Parkers Lake Room REGULAR COUNCIL MEETING Council Chambers 18 19 20 21 7:00 PM 22 23 24 9:OOAM 6:00-4:00 PM PLYMOUTH PLANNING OPEN ROUSE FIREFIGHTERS 5K COMMISSION FOUR SEASONS Fire Station #2 MEETING MALL STUDY Medicine Lake Room Plymouth Creek 11:30 AM Center PLYMOUTH ON 7:00 PM PARADE HRA MEETING CELEBRATION Parkers Lake Room City Center Area 25 26 27 7:00 PM 28 29 30 REGULAR COUNCIL MEETING Medicine Lake Room Rash HcShonah • Joint meeting with PACT to discuss operations Begins at Sunset Modified an 0810511 f Page 8 City of Plymouth Adding Quality to Life October 2011 Modified on 08105/ 11 Center Page 9 1 2 3 4 5 7:00 'PM 6 7 8 PLANNING COMMISSION MEETING Medicine Lake Room Yom Kippur Begins at Sunset 9 10 11 12 7:00 PM 1 7:00 PM 14 15 7:00 PM ENVIRONMENTAL PARK ft REC 12:00-3:00 PM COLUMBUS DAY Observed REGULAR COUNCIL MEETING Medicine Lake Room QUALITY COMMITTEE (EQC) MEETING ADVISORY COMMISSION (PRAC) MEETING FIRE DEPT. OPEN HOUSE Fire Station Ili Parkers Lake Room Plymouth Ice Cente PLYMOUTH PUBLIC WORKS DIVISION CLOSED 16 17 18 19 7:00 PM 20 21 22 PLANNING COMMISSION MEETING Medicine Lake Room 23 24 25 7:00 PM 26 27 7:00 PM 28 29 REGULAR COUNCIL H'RA MEETING MEETING Medicine Lake Room Parkers Lake Room � f,:00-8:00 PM Halloween on the Creek () 1 Plymouth Creep Modified on 08105/ 11 Center Page 9 Tentative Schedule for City Council Agenda Items August 16, Special, 6:00 p.m., Medicine Lake Room • Discuss 2012/2013 Budget • Set Future Study Sessions August 23, Special, 5:30 p.m., Medicine Lake Room • Discuss 2012-2016 Capital Improvement Program • Set Future Study Sessions August 23, Regular, 7:00 p.m., Council Chambers • Project hearing for -201 I Edge Mill and Overlay Project, Jamestown and Zachary Hills Area (11012) • Consider Land Use Guide Plan Amendment*, Preliminary Plat and PUD General Plan Amendment for Crossroads Commons for property located at Highway 55 and County Road 73. Oppidan, li7c. (2011014) • Oath of Office to Firefighters Sergio Flores and Aaron Morris September 6, Special, 6:00 p.m., Medicine Lake Room • Discuss 2012/2013 Budget ff needed) • Set Future Study Sessions September 13, Special, 6:00 p.m., Medicine Lake Room • Joint meeting with Plymouth Advisory Committee on Transit to discuss operations September 13, Regular, 7:00 p.m., Council Chambers • Approve 2012/2013 proposed budgets, preliminary tax levies and budget bearing date September 27, Regular, 7:00 p.m., Medicine Lake Room October 11, Regular, 7:00 p.m., Medicine Lake Room October 25, Regular, 7:00 p.m., Medicine Lake Room November 8, Regular, 7:00 p.m., Council Chambers November 22, Regular, 7:00 p.m., Council Chambers December 13, Regular, 7:00 p.m., Council Chambers • Adopt the 2012 Budgets and Tax Levies and 201? -2016 Capital Improvement Program Note: Special Rfeeting topics have been set by Council; all other topics are tentative. Page 10 Used -oil dropoff site opens in Plymouth LAURIE BLAKE, Star Tribune Used motor oil is in big demand in Plymouth. Hoping to bring in used crude to stoke the new waste -oil burner installed last winter to heat the city's maintenance facility, Plymouth has teamed up with East Side Oil Cos. of St. Cloud to open a free used -oil dropoff center for the public. The site accepts used hydraulic, lawn mower and automobile oil, used antifreeze and used oil filters 24 hours a day at the maintenance facility at 14900 23rd Av. N. Containers may not be left at the site. After the city began using the waste -oil burner last winter to heat the office and lunchroom in the maintenance facility, it became clear that city vehicles would not generate enough used oil for the heating season, said Tom Vetsch, fleet and facilities manager for Plymouth. That's when the idea of a public dropoff center arose. Plymouth and East Side Oil will split the oil that comes in. East Side Oil makes money by buying used motor oil from 1,300 commercial firms, including service stations, and selling it for use in oil burners that heat asphalt hot -mix plants, said owner Jim Feneis. The company also works with more than 51 public entities, including 11 counties, on dropoff sites such as the one in Plymouth, Feneis said. In the metro area, it has another dropoff center in Brooklyn Park. An estimated 32 percent of people change their own car oil, and if it is disposed of improperly it can be a major pollutant, Feneis said. "Just a short decade or two ago everybody was told just pour it on the ground -- it holds down the dust and it kills the weeds." But oil spread on the ground can seep through to underground water reserves, Feneis said. Environmental experts suggest that "one gallon of mismanaged motor oil can render as much as 1 million gallons of drinking water undrinkable," he said. East Side Oil is sponsoring a grand opening picnic at the Plymouth site from 11 a.m. to 2 p.m. on Sept. 17. The oil burner in Plymouth is still too new for the city to know how much money it will save, Vetsch said. "We have been measuring how many gallons a day we burn on average, and we are trying to figure out how many gallons we will need in the course of a heating season. But we know it's saving us money because we are not buying natural gas. " Laurie Blake • 612-673-1711 Page 11 • Article by: KEVIN DUCHSCHERE , Star Tribune Hennepin County, already a recycling leader, is preparing to boost the amount of garbage it recycles and reuses in response to new state mandates designed to shrink landfills. This fall officials will spell out how local governments can help the county reduce more of its garbage through recycling, burning, reuse and composting of food products. The goal is to send no more than 20 percent of the county's garbage to landfills by 2015, and to get it down to 17 percent by 2020. "I think we can ratchet our [recycling] numbers up in a way that will be consistent with our historic effort," Commissioner Peter McLaughlin said at a recent County Board meeting. Even so, some environmentalists insist that the county recycling plan relies far too much on garbage burning and not enough on food composting. Josh Winters, executive director of the Minnesota Public Interest Research Group (MPIRG), said Hennepin County can do better. "Our read is that it's much more status quo, business as usual," Winters said. "There's some progress but not nearly enough. We think the Hennepin County waste management plan is far from transformative." Earlier this month, the County Board passed a resolution clearing the way for a new recycling master plan by the end of the year. Hennepin is one of seven metro counties for which the Minnesota Pollution Control Agency is setting higher recycling goals. Of the $7 million that the county spends annually on recycling, $3 million comes from the state. The county's recycling goals hinge on the amount of garbage burned at its downtown Minneapolis garbage burner, which generates energy for nearby buildings and heats most of the indoor spaces at Target Field next door. The county and the plant operator, Covanta Energy, are seeking permission to operate the garbage burner at capacity. The plant burns an average of 1,000 tons of garbage each day and could burn as much as 1,212 tons daily. Fourteen Minneapolis legislators this spring urged more study of the county's request to burn more garbage. An attempt in 2009 to get permission failed, but County Environmental Services Director Carl Michaud said that the MPCA is still analyzing their latest request. Last year Hennepin County generated roughly 1.35 million tons of trash and sent 425,000 tons of it - - about 31 percent -- to landfills. That figure shrank this year to 26 percent when the county began sending garbage to Great River Energy's Elk River plant, where it's burned to generate electricity. MPIRG opposes garbage burning because it pollutes the air and the resulting ash winds up in a landfill anyway. Page 12 This fall, county officials will spell out how local governments can help the county reduce 45 percent of its garbage through recycling, 32 percent through burning and reuse and 6 percent through composting of food products. The latter goal actually is double that required by the MPCA. To meet the new and tougher recycling goals, the county plans a multifaceted strategy. Because recycling lags among businesses and at apartments and condos, officials will work with business owners and property managers to boost participation. The county also plans to sign a contract with Rational Energies, an Eden Prairie -based company that makes fuel from garbage, to recycle metals and cook plastic into synthetic crude oil. The company would keep the oil sale proceeds and the county would profit from leasing space to it at the Brooklyn Park transfer station. New revenues would be used to bolster public education about recycling. Key to the county's success is its biggest city. Minneapolis is among the bottom quarter of the county's cities in terms of recycling, partly because it has more renters and requires extensive sorting of recyclables, which tends to discourage participation. "They arguably have as complicated a recycling system as any in the Western Hemisphere," McLaughlin said. But things could be changing. Last month the Minneapolis City Council approved an ordinance requiring all buildings in the city to provide recycling services. Pilot projects also are starting in two city neighborhoods to test the effectiveness of single -sort recycling (no sorting required) and dual -sort (paper must be separated from metals, plastics and glass). Kevin Duchschere • 612-673-4455 Page 13 Twin City Business o8/03/2011 Plymouth Teen Wins Nat'l Investment Essay Contest Recent Wayzata High School graduate Jack Alexander won a trip to the financial capital of the United States, New York City, for his winning essay about how he'd invest $ioo,000. Most Minnesota executives probably wouldn't expect to hear sound financial advice from an 18 -year-old. They clearly haven't met Jack Alexander. The Plymouth resident and recent Wayzata High School graduate won first place in the Securities Industry and Financial Markets Association (SIFMA) Foundation's annual InvestWrite student essay competition. Alexander—who will leave for Iowa State University in the fall—and fellow competitors wrote about how they would invest $1oo,000 before leaving on a 40 -year space mission. He and two other winners beat out 20,000 other students, and their reward was a trip earlier this month to the New York Stock Exchange floor and a reception with NYSE Euronext employees, who helped judge the competition. The students' business teachers also got to attend. "If I was investing for the short term, say five years or less, my portfolio would probably include low-risk mutual funds and bonds," Alexander wrote in his essay. `But with $1oo,000 and a 40 -year space vacation, I can afford to be more risky." He indicated that he would place 6o percent of his money in stock exchange -traded investment funds focused on rare earth metals palladium and lithium—and he'd balance out those higher -risk investments by putting the remaining 40 percent in a retirement lifecycle fund; such funds invest in a mixture of both stocks and bonds and go from riskier to more conservative as the maturity date draws nearer. Alexander estimates that as our society becomes more technologically advanced, batteries—and lithium, which powers them—will see significant growth in demand, particularly because solar and wind energy rely heavily on lithium ion power storage. Palladium, he contends, will also surge in demand as China and India continue to grow their economies. The majority of palladium is used to manufacture catalytic converters, a key component in automobiles, and transportation needs will increase as those highly populous countries continue to emerge, Alexander wrote. Page 14 According to the Star Tribune, Alexander has been interested in the stock market ever since his dad opened a brokerage account with him when he was 11. He told the Minneapolis newspaper that he owns the lithium and palladium funds that he wrote about, and they are part of his own portfolio, which has grown from $500 that his dad invested seven years ago to about $13,000 today. He reportedly checks his portfolio every day and makes trades on his cell phone. The InvestWrite competition is a culminating activity for 600,000 students who participate in a SIFMA Foundation -run stock market game each year. The writing competition challenges fourth- through 12th -graders to construct a long-term investment scenario that would address real-world economic factors and trends. InvestWrite judges evaluated student essays based on analysis of asset allocation, investment potential of various publicly traded stocks, overall understanding of the stock market, and the construction of the essay. The SIFMA Foundation provides financial education programs and tools and sponsors various programs for students. To view Alexander's entire winning essay, click here—and scroll down past the press release. —John Palm (research @ tcbmag. com) Page 15 Ehlers Market Commentary August 2, 2011 Debt Crisis Averted It appears that the pending crisis with the U.S. debt limit has been averted, with Congress expected to act no later than Tuesday on a compromise measure that would extend the limit sufficiently to last past the 2012 elections. The compromise would also target significant reductions in federal spending, with no tax increases. So far, reactions to the compromise have been mixed. The Japanese Nikkei stock index rose immediately after the deal was announced Sunday night, and U.S. stock futures were up prior to the opening of trading on Monday. But as of late Monday, all of the major U.S. stock indices were down, apparently due to a weak report on manufacturing activity. The yield on the 10 year treasury had fallen 7 basis points during the day, to 2.74%. The Past Two Weeks — Washington Stalls and the Band Markets Yawn This may have been the closest the U.S. has ever come to a default on its debt or failure to make other required payments. In recent months there has been endless speculation about the impact these events would have on the markets. One of the most surprising trends of the past two weeks has been the lack of impact these events had, particularly on U.S. interest rates. Many experts feared that the prospects of a payment default and a possible downgrade in the rating on U.S. debt would lead to an increase in yields on treasuries and other forms of debt. But investors continued their purchases of U.S. treasuries, U.S. agencies, and municipal bonds. In a Special Commentary on July 21, Wells Fargo Securities cited the following line from a Johnny Cash song: "I fumbled in my closet through my clothes and found my cleanest dirty shirt." 1 Their point was that, despite fears of default and downgrade, many investors still felt that Treasury securities offered a better combination of safety, liquidity, and yield than any other option. This sentiment seemed to hold true as the debt deadline came closer. Treasury yields increased slightly last week, only to drop on Friday. At the end of the day last Friday, the yields on both two year and ten year Treasuries were very close to their levels of two weeks earlier. Yields on municipal bonds also changed very little over the last two weeks. The Bond Buyer's weekly 20 - bond index was at 4.51% on July 14, 4.46% on July 21 (the lowest level since November 2011), and 4.47% on July 28. The daily AAA bond yields published by Thomson Reuters fluctuated some during this period, but the total change from July 15 to July 29 was either 0 (at 2 years) or up only 1 basis point (at 10 and 20 years). During the week of July 18, the weekly volume of new issues was the highest of the year, at $8.4 billion. 'Johnny Cash, "Sunday Morning Coming Down," quoted in "Moody's Blues: Implications of a U.S. Downgrade" Wells Fargo Securities, July 21, 2011 www.ehlers-ino.c®mEHLERS Offices in Minnesota: (800) 552-1171 Wisconsin: (800) 717-9742 LEADERS IN PUBLIC FINANCE Illinois: (800) 417-1119 Page 16 -W,-"--= Ehlers +t Commentary August Yet investors easily absorbed this high volume, with particularly strong demand from retail investors. New issue volume was down to $4.6 billion the week of July 25, as some issuers pulled back on borrowing plans. We would suggest that municipal bonds are an even "cleaner dirty shirt" than treasuries. There was a real risk of default on treasuries. But despite well publicized predictions to the contrary, the number of municipal defaults has remained extremely low. Stock prices generally fell over the past two weeks. This may have been due to a combination of fears of the impact of federal defaults, weak economic news, tepid outlooks from corporate earnings report, and other factors. Long Term Implications of Federal Actions It seems likely that the compromise agreement reached by Congress and the President will lead to some short-term calming of the financial markets. But speculation has already begun about the long term implications of the package. Some commentators have speculated that the spending reductions that are part of the package — which are slated to begin during fiscal year 2012 — could dampen the already weak economic recovery. This could depress stock prices and further reduce government revenues — federal, state, and local. It also seems that the intensity of the debate has made the magnitude of the longterm federal budget problems more transparent to the American public. Whether you believe that the long term solutions will require spending cuts, revenue increases, or both, the changes required to limit growth in the federal deficit will be massive. Implications for Municipal Borrowers As always, it is difficult to make predictions about future trends in interest rates on municipal bonds. However, there are several reasons to believe that rates will stay low for at least some period of time. New issue volume remains low. For the first seven months of 2011, new issue volume was down by 39.5% from 2010, and there is no sign yet that borrowing will increase significantly. • Due to large volumes of bond maturities and redemptions in the summer, many bond investors have plenty of cash to invest. • Municipal defaults remain low, and yields (at least today) are relatively attractive when compared to treasuries. This may attract more buyers into the municipal market. Remember the "cleanest dirty shirt" analogy. EHLERS www.ehlers-ine.com LEADERS IN PUBLIC FINANCE Page 2 Page 17 Ehlers Market Commentary August i' • There have been several recent releases of negative economic news. For example, a preliminary report released today shows second quarter GDP growth in the U.S. at a paltry 1.3% annualized rate; the first quarter GDP growth figure was also revised downward to 0.4%. News like this tends to depress stock prices and prompts investors to move money into the "safe harbor" of bonds, driving down yields. The bottom line is that, if you have a need to issue debt — either to finance new projects or to refund existing debt — there appears to be no compelling reason to wait. Esm H L E RS LEADERS IN PUBLIC FINANCE Page 18 Page 3 Approved Minutes City of Plymouth Planning Commission Meeting July 20, 2011 MEMBERS PRESENT: Chair James Davis, Commissioners Nathan Robinson, Gordon Petrash, Scott Nelson, Bryan Oakley and Marc Anderson MEMBERS ABSENT: Commissioner Dick Kobussen STAFF PRESENT: Planning Manager Barbara Thomson, Senior Planner Shawn Drill, City Engineer Bob Moberg 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 Nelson, to approve the July 20, 2011 Planning Commission Agenda. Vote. 6 Ayes. MOTION approved. 5. CONSENT AGENDA A. APPROVAL OF THE JULY 6, 2011 PLANNING COMMISSION MEETING MINUTES MOTION by Commissioner Nelson, seconded by Commissioner Robinson, to approve the July 6, 2011 Planning Commission Meeting Minutes. Vote. 6 Ayes. MOTION approved. B. CITY OF PLYMOUTH (2011045) MOTION by Commissioner Nelson, seconded by Commissioner Robinson, to approve the request by the City of Plymouth for a site plan amendment to add a skate park, shade structure and batting cages at Plymouth Creek Playfield located at 3625 Fernbrook Lane North. Vote. 6 Ayes. MOTION approved. C. MARK AND LYNN ECKERLINE (2011049) MOTION by Commissioner Nelson, seconded by Commissioner Robinson, to approve the request by Mark and Lynn Eckerline for a variance to allow a paver walkway to encroach into the structure setback from a wetland buffer strip for property located at 1241 Vagabond Court North. Vote. 6 Ayes. MOTION approved. Page 19 Approved Planning Commission Minutes July 20, 2011 Page 2 6. PUBLIC HEARINGS A. OPPIDAN, INC. (2011014) Chair Davis introduced the tabled request from the July 6, 2011 Planning Commission meeting by Oppidan, Inc. for a land use guide plan amendment, preliminary plat and PUD amendment for Crossroads Commons at the former Plymouth Shopping Center site located south of Highway 55 between Cottonwood Lane North and County Road 73. Senior Planner Drill gave an overview of the staff report. Senior Planner Drill noted that an additional letter had been received and added to the public record. Chair Davis introduced the applicant, Paul Tucci, representing Oppidan, Inc. Mr. Tucci presented information on the five additional requested items from the July 6, 2011 Planning Commission meeting. Dan Parks, Westwood Professional Services, stated that they had marked trees on site that would be preserved with this project. He said that it is important to note that with Cottonwood Lane being terminated at the present dead end location, there are quite a few trees that would remain. He said that there would be trees removed in the area for construction of the new building. He presented sight line drawings and photo graphics showing elevations and distances from properties to the west, south and southwest of the proposed senior building. Commissioner Petrash asked for additional clarification of the location of the first and fourth stories of the proposed building on the graphics shown. Kathleen Conlin -Joyce stated that the conifers planted would provide significant shading of view of the first floor. Mr. Parks added that the elevation of the house would be 10 feet above the elevation of the proposed building. Commissioner Oakley stated that the trees look to be about 45 to 50 feet tall on the graphics shown and asked if he estimated the height of the existing trees. Mr. Parks responded that the trees are 30 to 40 feet high. He said that on the west side, trees that are straight and tall that are closer to the property line would remain but some of the trees that are starting to lean would interfere with the roof of the building and that would precipitate removal of those trees. He said that there is a fairly good stand of trees along the west side that would remain with the project. Commissioner Anderson asked for the height of the proposed building at that location. Ms. Conlin -Joyce replied that it is approximately 53 feet. Commissioner Anderson stated that the proposed building would tower over the trees and that views from the fourth story would be looking over the trees. Ms. Conlin -Joyce stated that was correct. Commissioner Anderson asked what vertical and horizontal scales were used. Mr. Parks responded that this was a true scale, it was 1:1 and not exaggerated. Mr. Parks added in response to Commissioner Oakley's comment about the height of the trees, that is was not part of their sight line study to know exactly where the trees were in terms of Page 20 Approved Planning Commission Minutes July 20, 2011 Page 3 elevation. He said whether or not they will be at that location at the finished fourth floor level or whether or not they are going to extend up above the deck, they don't have that information right now. Chair Davis introduced Lauren Leith, 610 Cottonwood Lane North. Ms. Leith said that because it is a four story building, 53 feet high, the placement of it truly does not go with the character of the neighborhood, which is all single family, one story homes. She said that because it is only 35 feet from the property line to a four story building, it's clearly going to obstruct their view. She said that it is going to be a big force in the neighborhood and it's going to stick out like a sore thumb. Ms. Leith said that the site line views are great and they are showing us a lot of deciduous trees with a lot of leaves on them. She said that in the winter time those leaves are going to be gone and the building will be seen in the winter time. She said that at planting, they are going to have trees at a 20 -foot tall maximum, maybe 15 feet. She said that she is concerned about their sight line drawings showing all these trees in this small 35 feet between the property line and the proposed building. Ms. Leith said that she is also concerned about the environmental impact. She presented a picture of an existing tree depicting that it is 54" in diameter. She said that they are old growth trees that have provided the neighborhood with all kinds of cooling, they buffer all the noise for the residents and they provide habitat for wildlife and vegetation. She said that they have over 40 of these old growth trees in this area. Ms. Leith said that her other concern are the ponds and she presented pictures of the existing ponds. She said that the drainage from a 65 vehicle parking lot would go into the small pond that is home to wood ducks and where wildlife drink. She said that drainage from the roof of the proposed building, from the huge parking lot and from the manicured lawns would drain straight back into the pond on her property. She said that because of the concerns that she has for the trees and the wetland areas where there is no buffering in place, she has filed a petition with the Environmental Quality Board requesting that an EAW be done on this site before any building is done. Ms. Leith said that she is completely for the senior project. She said that we need more senior housing and as a resident of Plymouth, she thinks that's great. She said that there is certainly room to move that forward so that we are not impacting these ponds and the wetlands as much. She said that with the unique habitat buffered in those woods with 54 -inch trees, that needs to be looked at as well. Chair Davis introduced Frederick Young, Gries & Lenhardt, PLLP, representing Lauren Leith, 610 Cottonwood Lane North and Leonard Lindelof, 620 Cottonwood Lane North. Mr. Young said that with regard to the 24-hour operation of McDonalds, all the concerns discussed at the July 6, 2011 Planning Commission Meeting are quite real. He said that McDonalds' 24-hour operation would not fit the character of the neighborhood. He said that the applicant had readily admitted that there is a bar rush that occurs and that again is absolutely inconsistent with the single family homes that are bordering the property in question. Page 21 Approved Planning Commission Minutes July 20, 2011 Page 4 Mr. Young said that with regard to the sight line study, it is somewhat selectively done in that there are a number of trees that are depicted that don't exist right now and it shows some full foliage and growth. He said that it will take quite some time for trees that are planted to reach that stage of growth and size. He said that the senior building would still apparently tower 53 feet, with the fourth floor viewing down into the single family, one -level homes that are on Cottonwood Lane. He said that was the primary concern and the reason the Planning Commission had tabled the matter in the first place. Mr. Young said that in addition to the EAW petition that they filed, there are a number of concerns that are extremely significant and, at least in its current form, they would ask that the Planning Commission deny the application. Chair Davis introduced Len Lindelof, 620 Cottonwood Lane North. Mr. Lindelof said that 60 years ago on Cottonwood Lane where the trees are now, it was all hayfield. He said that the trees have been growing there since the mid -50's and they would like to keep them there. Mr. Lindelof said that he didn't understand why in Brooklyn Park, before water can run from a parking lot into a wildlife area, it has to run into a rubber -lined ponding area. He said that the environmental people with the state said it couldn't run straight into a ponding area, it had to run to a rubber -lined pond. He asked why that does not have to be done here. He asked why they would be able run from the parking lot straight into the wildlife area. Chair Davis introduced Peter Samargia, 618 Cottonwood Lane North. Mr. Samargia said that he did not understand how the artist's renditions could be admissible. He said that they are not accurate. He said that he could draw up a picture and show skeletal trees in the fall or in the winter and show a four-story building. He said that in Minnesota, that is most of the year. He said that he appreciates the fact that they are looking to keep the old-growth trees. He said that pictures of the trees marked for preservation should have been submitted and they would have clearly showed that these are old trees. He said that would have painted a different picture. He said that he did applaud their pictures because they do make their case. He said that they don't show a building at all in one of them. He said that if that were the case, that would be great. He said that you don't know which trees are real and which ones aren't real and then to look at these being trees that are going to have their foliage disappear, that is a concern for him. Mr. Samargia said that he knows that there is going to be development but compromise is needed. He said that having a McDonalds open 24 hours right next to his house is not acceptable. He said if they could cite examples of other McDonalds open 24 hours that are close to houses, then he could accept it because it happens in other places. Mr. Samargia said that he would have liked to have seen actual pictures of the area as it is today. He said in doing a sight line study, tree height would be an important part of the study. He said that the height of the trees would definitely have an impact on whether the line of sight would be coming into his house. He said that he is for the development if they could have some concessions here. He said that they did not talk about having two floors in the senior building and if they had even thought about it. He said that McDonalds should have business hours that Page 22 Approved Planning Commission Minutes July 20, 2011 Page 5 are acceptable to families in the area. He said he does love Plymouth and that he does appreciate that they are looking at development here. He said that he is very happy that they would keep the dead end street. He said that he would be against a four-story building and that a concession would be if they would back it up 75 feet instead of 35 feet. He said that if they did that, they wouldn't have to cut down any of the trees that are there and it would ease a lot of concerns for a few of his neighbors. Chair Davis introduced Toni Muckala, 11009 State Highway 55. Ms. Muckala said that she is excited about the easement and putting a driveway across it. She said she has a few questions about dimensions, maintenance and who would build it. Planning Manager Thomson stated that for the EAW petition, the EQB rules state that there can be no final governmental action while an environmental review is pending. She said that a petition for an EAW goes to the City Council and they make the decision whether or not to prepare an EAW. She stated that whatever the Planning Commission might decide would not constitute a final action; therefore, the Commission could make a recommendation at this time. City Engineer Moberg stated that the reason why Brooklyn Park would require rubber -lined ponds is because they do not have the clay soil that Plymouth has. He said that with their sandy soils, in order to get a pond to hold water, they have to line them. He said that is not a situation that Plymouth generally has to deal with and that is why the City of Plymouth would not require a rubber -lined pond for a development. City Engineer Moberg stated that in 1994, the previous owner had done some grading work on the site. He said that the two stormwater ponds referred to were created at that time. He said they are not wetlands or natural basins, they are stormwater ponds. He said that according to the plans for the senior building, they show a stormwater pond that would capture runoff from the parking lot and roof drains. He said that the existing ponds were initially intended to collect runoff from the existing building water and to treat it before it would go into the wetland basin. He said these two ponds have overflow structures that drain into the wetland and then in turn, there is a pipe from the wetland that runs back to the north and underneath State Highway 55. He said that there would be a very small area along the south side of the proposed building that would be graded to drain towards Cottonwood Lane. He said that very small area, which is all green space, would either drain to the south or most likely would drain to the east over land to get back to the wetland. He said that the likelihood of any water leaving the site and draining to the south across Cottonwood Lane is highly unlikely. Planning Manager Thomson added that the same regulations for stormwater runoff and how it is treated in Brooklyn Park is basically the same rules and regulations that Plymouth has to follow as well. Mr. Parks stated that the project does indeed take into account the city's watershed rules for volume, for rate control and for water quality. He said that Plymouth has probably the most difficult water rules in terms of infiltration and water volume. He said that in this case, the roads are going into an infiltration basin, which will then slow water down and discharge it into the Page 23 Approved Planning Commission Minutes July 20, 2011 Page 6 ditch. He said the roadways will actually be discharged into a below -ground vault that they would be providing on the site. He said runoff from the front of the proposed senior building would be directed to the infiltration basin there and then rerouted by pipe into the existing stormwater pond. He said that when that stormwater pond overflows, it goes into the larger wetland. He said the large culvert there drains the water back to the State Highway 55 improvement. He said to keep in mind that there would be a 50 -foot buffer of natural area along the south side of the site that would not be disrupted at all and would handle any additional drainage. Mr. Parks stated that they did take photos of the site that were used for the graphics. He said the larger trees in the background are the existing cottonwoods that are in place. He said the conifers, the spruces and evergreens, are the trees that they put in the plan. He said that they tried to depict the trees that would remain and then augment them with the additional trees that are being shown on the landscape plan. Commissioner Petrash asked if these are actually based off of real photographs, if there is no interpretation and this is the way it really would look. Mr. Parks responded that he took pictures of these locations, which then became visualization graphics that the architect put together. He said that his intent was to give them a product to show the existing trees. He said the landscaping, preservation and inventory plans were used and trees to be taken down were masked and trees were shown where they would be added. Commissioner Petrash asked if the building depicted is actually at 53 feet. Mr. Parks replied that this is a real depiction of the height. Commissioner Oakley asked how much of the ground would be disturbed for the grading proposed along the south side of the building. Mr. Parks responded that there would be a minimal amount of trees remaining in that area but there would be a large stand of trees that would not be affected. Commissioner Oakley asked if this plan was representative of the trees that have been marked for preservation. Mr. Parks replied affirmatively and stated there might be even a few more. Commissioner Petrash asked how the placement of the building was decided and what the design parameters were. Ms. Conlin -Joyce replied that their design strategy was based on marketability of the project. She said they wanted to reduce the number of parking spaces in the front of the building so that it's not such a massing of concrete and parking. She said that they wanted to be able to market the wetlands and foliage behind the building. She said that they were not interested in having a building right up on a major road. She said they were more focused on pushing the building back, having a little parking in front, with more parking underground and then being able to market the wetland and foliage in the back. Planning Manager Thomson responded to the question regarding the admissibility of the graphics. She said that the Planning Commission had requested that the applicant provide sections that showed the relationship between the building, the landscaping and the houses. She Page 24 Approved Planning Commission Minutes July 20, 2011 Page 7 said that they have provided information in scale drawings and they also provided the pictures, which are less precise, but give an idea. Mr. Tucci stated that it was their intent to provide an easement to Ms. Muckala. He said that it would be their intent to have her design and construct the driveway. He said they would provide the land. Planning Manager Thomson responded to the request for examples of other McDonalds locations that are near residences. She said that at this point, she would not be able to give an example. Commissioner Oakley asked Ms. Muckala about the material in her existing driveway. Ms. Muckala responded that her driveway is concrete. Commissioner Anderson stated that the applicant has done a lot to make their case. He said that the 10 -foot easement is a nice offer but that it is insufficient, in his mind. He said 10 feet is certainly not wide enough to construct a driveway there. He said the ground goes up and down, there's a foundation in there and fiber optic cables run through there. He said that basically, they are saying the solution is going to cost this property owner some pretty hefty dollars, engineering wise. He said to do a driveway within 10 feet would not be possible. Commissioner Anderson stated that he does have a concern about the 24-hour operation for McDonalds. He said this is a re -guiding and a PUD amendment and are we getting something better than what we have there. He said the residents are saying no. He said that the road pattern for Cottonwood Lane is better but he has a hard time believing that many people are going to be using Cottonwood Lane, even under the previous plan, when you have access available on the front side of the development. He said the neighborhood is saying they don't want the 24-hour operation there and he would want a condition with that regard. Commissioner Anderson stated that his biggest concern is with the height of the proposed building. He said that a 53 -foot tall structure that close to the property line and that close to these neighbors is too much. He said the applicant has stated that in order for this project to work, they need this many units and they need this amount of height. He said that economics is not something that he sees in the code as something that we pay attention to or should use in our decision process. He said that there is a recession and we need to be somewhat flexible but that does not sway him to the fact that this building is too high and too close to the neighborhood. Commissioner Petrash stated that he also has a concern about the 24-hour operation for McDonalds. He said that he is also concerned about the location of the building because it is so close to the residences. He said if this is what makes sense economically, he thinks that there is opportunity to look at placing the building closer to the McDonalds and having more buffer, even if it is just parking spaces from line of sight. He said that he did not know if trading cars in a parking lot is any better than the height of a building but he thought that those were options that could be looked at. He said that people may have just as much problem with placing the parking lot in the back as the building. He asked that if it makes economic sense to make it that tall, have they explored making the footprint of the building larger and the height lower. Ms. Page 25 Approved Planning Commission Minutes July 20, 2011 Page 8 Conlin -Joyce responded that they are always very conscious of the length of the building. She said it is important to their residents that they don't have massive, long corridors to walk to get to various elevators and common spaces so our buildings are generally this footprint. She said that they are always walking a tightrope between visibility from a major freeway or from a road, jelling with the neighborhood and also offering views for our residents. She said they found that this placement of the building was the best of all worlds for our residents and it addressed the parking needs. She said that there is also a large ponding area that is required. She said that they are struggling to place the ponding, parking and building, given the setback requirements as well. Commissioner Petrash asked if the building would be placed from the road because of setback requirements. Ms. Conlin -Joyce replied no, that the building is placed from the road to accomplish parking, views and amenities for our residents, as well as the ponding requirements. Mr. Tucci added that one of the driving factors that they are dealing with on this whole site is the existing frontage road located in the west half of the site, directly abutting State Highway 55. He said that one of the requirements from the previous PUD and this one is to allow for better stacking, especially at the Medicine Lake Road intersection and coming back down to County Road 73. He said that in order to do that, they have been required to rework the frontage road and that has dictated and divided the site. He said that created an area that basically becomes a drainage lot for the road, where there is no drainage and water quality management on the road today. He said that they worked with the Waters Group on this to provide a transition to protect and to try and buffer the commercial uses from the single family residential. He said that this area is dictated to a degree by the road and the placement of McDonalds. Ms. Muckala stated that she has some concerns on the easement and the financial burden, which is going to be huge. Mr. Tucci responded that they would provide a large area for the easement because they agree that 10 feet is hard to try and construct something. He said that their intent is to provide the easement, whether it is a gravel drive or something else is still to be determined. He said that they can use a bigger area to get the grades taken out. Ms. Muckala asked if they would be able to grade the driveway when they are working on the road, because that would be one of the greatest issues. Mr. Tucci responded that they would be able to grade the driveway. Commissioner Oakley stated that the other commissioners have raised a number of issues. He said that with Ms. Muckala's driveway, he does not think it is fair for the developer to require her to spend money to correct an issue that would be worsened by the development. He said that was not an issue that she created, so the solution needs to be part of the developer's scope of service as well. He said that at the very least, it should be graded and a driveway surface should be provided. Commissioner Oakley stated that he walked the site and that he did not think Mr. Parks accurately estimated the height of the trees. Commissioner Oakley stated he believes the trees are taller than 40 feet. He said the issue still exists that the building gets very close to the homes back there. He said he thinks that it would be possible, without redesigning the entire Page 26 Approved Planning Commission Minutes July 20, 2011 Page 9 development, to rework just the site for the proposed senior housing building to soften that up a little bit. He said if it were a three story proposal, he would vote to approve the request as it is submitted. He said if it was four stories and sitting further back from the road, he would vote to approve the request. Commissioner Oakley stated that in order to get a favorable vote from him, the McDonalds would need to have limited hours of operation. Commissioner Nelson stated that he would echo those same sentiments. He said that he liked the idea of this property being developed. He said that he would like to see Ms. Muckala's driveway taken care of at no expense or burden to her. He said he does not have an issue with a McDonalds but is not supportive of it being a 24-hour operation in the neighborhood. He said the way the property is guided and zoned, it would not make his vote go one way or the other if it was 24 hours. He said that the building either has to be lower or it has to be moved. He said that four stories that close to the properties is troublesome for him. He said he thinks that it is a great idea and that it would be a great facility but he understands the neighbors' concerns and there are just too many concerns for it to be that close and be four stories. Commissioner Robinson stated that he would be voting in support of this request for a number of different reasons. He said that the applicant has shown that they are willing to work with both us as well as with some of the residents. He said that although a lot of this is not ideal, he liked the easement and that they would widen the north end of Cottonwood Lane and they are willing to add additional screening on the west hill. He said that the height of the senior building is a concern to him as well, but based on the fact that this development is based on a very specific size, it would not hold him back from voting in support of this request. Chair Davis stated that he concurs with Commissioner Robinson and that he would vote in support of this request. He said that this would be an improvement over the existing plan. He said that keeping Cottonwood Lane a dead end would be an improvement over the fact that Cottonwood Lane was going to go all the way over into the shopping center. He said that while the building would be four stories, there are only three properties that would be adjacent to it. He said that the other properties are 100 to 200 feet away from it. He said that he appreciates the developer's good faith effort on the easement and he has gone far enough. He said that he did not think that they would have to build the driveway. He said that he has no issue with McDonalds being open 24 hours. He said this may not be the best plan ever but that it works on the site that is there. He said that the developer has worked hard to answer our questions. MOTION by Commissioner Petrash, seconded by Commissioner Robinson, to approve the request by Oppidan, Inc. for a land use guide plan amendment, preliminary plat and PUD amendment with revision to include a condition that the developer provide a permanent easement in favor of the property addressed as 11009 State Highway 55, per the drawing dated July 20, 2011 for purposes of providing a driveway that is graded and surfaced consistent with city driveway requirements for Crossroads Commons at the former Plymouth Shopping Center site located south of Highway 55 between Cottonwood Lane North and County Road 73. Page 27 Approved Planning Commission Minutes July 20, 2011 Page 10 MOTION AMENDED by Commissioner Oakley, seconded by Commissioner Anderson, to add that McDonald's hours of operation be limited to 5 a.m. to Midnight. Roll Call Vote on Amended Motion. Aye votes by Commissioners Oakley and Anderson with Nay votes by Commissioners Nelson, Robinson, Petrash and Chair Davis. AMENDED MOTION denied. Roll Call Vote. Aye votes by Commissioners Petrash, Robinson and Chair Davis with Nay votes by Commissioners Oakley, Nelson and Anderson. MOTION tied. B. CORNERSTONE AUTO RESOURCE (2011037) Chair Davis introduced the request by Cornerstone Auto Resource for rezoning and a PUD general plan to expand the automobile sales area for property located at 3901 and 3955 Vinewood Lane North. Senior Planner Drill gave an overview of the staff report. Senior Planner Drill noted that a letter had been received and added to the public record. In response to the letter, he stated that although the city can regulate the location, size, and height of signage, the city cannot regulate the content unless it is considered to be obscene under state law. Commissioner Nelson stated rezoning this site to PUD allows the car dealership site to expand to the abandoned BP site and gives the city greater flexibility in the future, should uses change on this site. Senior Planner Drill concurred, noting there were two or three options that could have been considered to allow expansion of the site. He said one option would have been to rezone the entire site to C-5 (commercial/industrial) where auto sales are presently allowed; however, C- 5 also allows other uses that may not be suitable for this highly visible site in the long term. Senior Planner Drill stated another option that could have been considered would have been a zoning text amendment to allow auto sales in the C-4 district. He said that option was not looked upon favorably either. He said the idea of the PUD came up and that was the one that seemed to win out as far as providing the city with more control over how this site could ultimately be used. Chair Davis introduced the applicant, Steven Rohlf, representing Cornerstone Auto Resource. Mr. Rohlf stated they are proposing to improve their parking lot. He said it was built over a landfill and there is a lot settlement that has occurred. He said that it is in bad disrepair. He said they are trying to attract a new franchise to this location. He said that out of this project, the city will get better lighting than what is there now, better screening for the neighbors, safer access to the property, and removal of the abandoned BP gas station. He said that he is in agreement with the staff report and resolution. Commissioner Oakley stated that on Vinewood Lane, there are currently quite a few boulevard trees and it looks like at least two or three of them are going to be taken out when the entrance moves. He asked if an equal number would be going back in. Mr. Rohlf responded they are increasing the number of trees on the overall site. He said he would work with staff to make sure Page 28 Approved Planning Commission Minutes July 20, 2011 Page 11 they would not be affecting sight visibility lines, but they could add more trees in the Vinewood Lane boulevard. Commissioner Oakley stated that he would just like to see an equal number of trees in the Vinewood Lane boulevard. Mr. Rohlf replied he did not have a problem with that. Chair Davis opened the public hearing. Chair Davis introduced Richard Cook, 13319 39th Avenue North, President of the Plymouth Ridge Homeowners Association. Mr. Cook stated they had several meetings with the applicant. He said the applicant had invited them to come to their building, to sit down and go over all the plans. He said they appreciated that and that Cornerstone has been a really good neighbor and that they have no complaints with them moving into that area. He said they are pleased that somebody is going to take up that spot as it has been empty for awhile. He said that it actually has been a real eyesore. He said the property hadn't been kept up and the grass had been cut maybe once a summer in the past. He said that when Cornerstone moved in, they had high hopes that they were going to improve the site. He said they like what they are going to do. He said they are going to add a lot of trees along the woods that separates their properties. He said they are in favor of this project and hope the Planning Commission would consider approving their request. Chair Davis closed the public hearing. Commissioner Petrash stated that this corner has been an eyesore and embarrassing to drive by. He said that he was glad to hear that the neighborhood supports it and he would vote in support of this request because it is such a visible area in Plymouth. Commissioner Oakley sated that he was very pleased to see this project come forward as well. He said that it has been an eyesore and the gas station was an eyesore even before it closed. He said that there is a lot of opportunity for improvement there and he asked that staff keep in mind the boulevard trees on Vinewood Lane. He said that he would vote in support of this request. Chair Davis asked if there was any remediation that needs to be done to the gas station before they can turn it into a parking lot. Mr. Rohlf responded that they would have to do a destructive asbestos survey and then dispose of the materials appropriately. He confirmed for Chair Davis that the tanks have already been removed. Chair Davis stated that the city would get more trees, more green space, better traffic flow, increased traffic safety, better lighting, better control of the site, better screening, and it is supported by the neighborhood. He said he would vote to approve this request. MOTION by Commissioner Oakley, seconded by Commissioner Nelson, to approve the request by Cornerstone Auto Resource for rezoning and a PUD general plan to expand the automobile sales area for property located at 3901 and 3955 Vinewood Lane North. Roll Call Vote. 6 Ayes. MOTION approved unanimously. Page 29 Approved Planning Commission Minutes July 20, 2011 Page 12 7. NEW BUSINESS 8. ADJOURNMENT MOTION by Chair Davis, with no objection to adjourn the meeting at 8:47 p.m. Page 30 Revised: August 4, 2011 City of Plymouth Engineering Department ACtive and Fending Lapltal Improvement Fro Act e ubi[c..m ro .erra � . P .r c s . 5102 S CR 101, CR 6 to DC/BM Henn. $17,000,000 Restoration of the boulevard areas, landscaping, and the final layer of blacktop will be completed in the spring of 2011. Tree CR 24 Co. planting in selected areas will begin in April. Landscaping and utility punch list work is underway. Assessment hearing is scheduled for July 12, 2011. Assessments were adopted July 12, 2011. 8128 WR Plymouth Creek DA $1,200,000 This project is substantially complete. Staff is monitoring the vegetation establishment over the course of the summer. Restoration Some erosion has been noted and will need repair this fall. (26th Ave / W 9113 S Cimarron Ponds JP $2,200,000 The majority of the work on the cul-de-sac streets has been completed. 10th Avenue and 12th Avenue have been milled and Reconstruction curb replacement has been completed. This project is scheduled to be completed by August 15th of this year. 9126 WR Ranchview / DA $125,000 This project will relieve flooding and constricted water flow near the intersection of Ranchview Lane and Medina Road. Plans, Medina Road specifications, and permit applications are being prepared. Wetland 9127 WR Bass Lake DA $225,000 This project will relieve constricted water flow near the outlet of Bass Lake. Plans and permit applications are being prepared. Outlet The environmental review process EAW has been completed. 10001 S 2010 Str Recon JP $7,380,000 The project has been completed, with minor punch list items remaining. (E Parkers Lk, 10002 S S Shore Dr JR $885,000 The project has been completed except for minor punchlist items. Street Project 10005 S 2010 Mill & DC $810,000 All contract items have been completed, pending final payment. Overlay 10014 SS Imperial Hills Lift SN AE2S $740,000 Contract was awarded to Minger Construction. Construction will begin the week of July 5, 2011. Pipe work has been completed Station and construction is 50% complete. 10017 WR Parkers Lk SN SRF $800,000 A contract award to Northwest Asphalt is anticipated on April 12, 2011. Construction is expected to begin by August 1, 2011. Storm Sewer Lift Start of construction has been delayed by rain and high water levels. Station 10021 W MIP Tower SN $550,000 Project has been modified to also include Zachary tower and CR 101 tower for inspections. Repairs, upgrades and painting will Painting be done in 2011. Plans and specs for the MIP tower are being prepared. Work on the County Road 101 tower is anticipated to be done in 2013. 10024 W Well No. 17 (5A) SN Bonestro $700,000 Kickoff meeting has been held and preliminary design is underway. Drilling of first test well is underway. First and second test wells failed. Drilling of third test well has been completed and water samples have been collected for testing. 10026 S Vicksburg Lane I JR $350,000 Project has been completed. Overlay 10030 S Rail Crossing JR $272,500 Project constructs improvements at the Canadian Pacific Railroad crossing at Nathan Lane by likely installing two additional Improvements- crossing gates Nathan Lane 11001 W Zachary Water SN $60,000 Tower to be power washed this fall. Repainting to be done in 2014. Tower 11002 I S (Annapolis LaneI JR I I $2,740,000 JGMH Asphalt is near substantial completion for the project, with seeding, the last lift of asphalt and punchlist items to Reconstruction remain. The project should be completed by the end of August. Page 31 Page 1 C:\Documents and Settings\lbaird\Local Settings\Temporary Internet Files\Content.Outlook\OX02BUH6\Active_Pendin5_CIP_080411 Revised: August 4, 2011 City of Plymouth Engineering Department Active and Fendina UaDital Improvement Fro 11006 S Suncourt JP $400,000 Utility work and curb replacement has been completed. This project is scheduled for final completion on September 15. Reconstruction 11007 S Peony Lane MITI DC $420,000 Council scheduled to receive the Preliminary Engineering Report on February 22, 2011. A Public Hearing was held on March 22, & Overlay 2011. Council will be asked to approve plans and order bids on April 12, 2011, with bids to be opened on May 10, 2011. Contract awarded to Northwest Asphalt on May 24th. Construction began on the week of June 20th. All concrete work has been completed pending mill and overlay scheduled for week of June 11. 11010 S Lancaster Lane DC $2,275,000 Council will be asked to receive Preliminary Engineering Report on April 12, 2011 and to schedule Public Improvement Hearing Reconstruction for May 10, 2011. Council approved project on May 10th. Awarded a contract to Hardrives, Inc. on June 28th. Construction I11012 I S 12011 Edge Mill I JR I 1 $1,100,000 1Northwest Asphalt is expected to begin construction mid August and be completed by the end of August. Public and Overlay hearing for an additional area is scheduled for August 23 City Council meeting. 11013 SS 12011 Sanitary I JR 1 1 $500,000 1 Insituform Tech. is approximatly 50% completed with the lining of the pipes. 11014 1 S Niagara Lane JR 1 1 $120,000 Design is underway Retaining Wall 11019 1 WR Erosion Repair - DA 1 $275,000 The final plan set is being prepared. A third neighborhood meeting is anticipated for August 9, 2011. Conor Meadows 11020 WR TurtleLake DA $35,000 A neighborhood meeting was held on April 25, 2011. Comments are being reviewed to determine the feasibility of altering Outlet water levels in Turtle Lake. Also being reviewed is the feasibility of a drainage project on the Northeast portion of the lake/wetland to relieve property flooding. 11021 WR Nathan Lane & DA $175,000 This project would relieve flooding concerns near the intersection of 45th Avenue and Nathan Lane. Existing conditions 45th Ave information is anticipated to be acquired this fall with design work over the winter of 2011-2012. Construction would be during the Drainage Im r winter of 2012-2013. 11023 WR Nature Canyon DA $100,000 This project would relieve erosion within a drainage gully south of Nature Canyon Park and east of Fernbrook Lane. Existing Erosion Repair conditions information is anticipated to be acquired this fall with design work over the winter of 2011-2012. Construction would be during the winter of 2012-2013. 11031 S Replace JR $80,000 Project is out to bid with bids due back the beginning of August. Construction is expected to begin end of Concrete August/beginning of September with completion on September 30. 11032 S Concrete JR $50,000 Replace concrete sidewalk as necessary in two areas, Nathan/Trenton Lane north of Bass Lake Road and 34th Avenue between Sidewalk 1 Plymouth Blvd. and Fernbrook Lane. Project is out to bid with construction to take place between August beginning of acement Page 32 Page 2 C:\Documents and Settings\lbaird\Local Settings\Temporary Internet Files\Content.Outlook\OX02BUH6Wctive_Pending_CIP_080411 Revised: August 4, 2011 City of Plymouth Engineering Department Active and Nendina Capital Improvement F.,rolects P i7ol... ... ubl..c..m .ro...�erl3 .........o P ................... 5122 S CR 24, Olive Ln. DC/BM Henn. $2,500,000 to 32nd Ave. Co. Preliminary layout approved by City Council 6/14/05. Hennepin County has included this project in its CIP for 2013. Hennepin County has now moved the project back to 2014. Hennepin County has moved the project to 2015. 9-W-1 W Watermain - $370,000 Dependent on development. Construction is anticipated to be started in 2011. The final plat for Trillium Woods was approved Cheshire Ln. - by Council on July 26. Utility construction is expected to occur this fall. Glacier Vista to CR 47 8-W-3 W Trunk Water —7$710,000 Dependent on development. Trunk water main installation has been completed in the Spring Meadows, Taylor Creek, and Main Oversizing Hampton Hills developments. Trunk water main installation has been completed in the Arbor Grove development (no City cost). Trunk water main installation is in progress for the Steeple Hill development. Trunk water main installation in the Spring Meadows 2nd Addition development is expected to occur this fall, pending Council approval of the final plat. 8 -SS -2 I SS (Trunk Sanitary Sewer Oversizing 6 -WR -2I WR IWaterQuality Pond Maint 11 -SS -2I SS (Conor Meadows Lift Station $300,000 Dependent on development. Trunk sewer installation has been completed in the Spring Meadows, Taylor Creek, and Hampton Hills developments. Trunk sewer installation is complete in the Arbor Grove development. Trunk sewer installation in the Spring Meadows 2nd Addition development is expected to occur this fall, pending Council approval of the final plat. Sediment delta in pond at 19th and Dunkirk was removed in 2010. Sediment removal of ponds in Forsters Preserve and Orchards of Plymouth was scheduled for the winter of 2010-11. Bids for this work were rejected and the work will be rebid for 2011-12. Project will abandon existing lift station and is dependent on sanitary sewer installation in Elm Creek Highlands 3rd Addition (anticipated in 2011) and in Elm Creek Highlands East (pending final plat submittal and approval) developments. Final plat for Page 33 Page 3 C:\Documents and Settings\lbaird\Local Settings\Temporary Internet Files\Content.Outlook\OX02BUH6Wctive_Pending_CIP_080411 City OfPly outni t a Adding Quality to Life August 5, 2011 SUBJECT: CONDITIONAL USE PERMIT FOR THE MINNESOTA SCHOOL OF COSMETOLOGY (2011050) Dear Property Owner: Pursuant to the provisions of the Plymouth Zoning Ordinance, this letter is to inform you of a request by Globe Education Network, under file no. 2011050, for a conditional use permit to allow a trade school use in the C-2 (neighborhood commercial) zoning district for property located at 1425 County Road 101. Under the plan, the Minnesota School of Cosmetology would occupy 12,750 square feet of space in the east central portion of the building on the site (formerly occupied by Snyders Drug Store). Hennepin County records indicate your property is located within 500 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 17, 2011, 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 on Tuesdays from 8:00 a.m. to 6:00 p.m., except holidays. Sincerely, 1��1�^ Barbara G. Thomson, AICP Planning Manager 2011050propnotice 3400 Plymouth Blvd a Ptymouth, Minnesota 55447-1482 • Tel 763-509-5000 ® www Ptymouthmn.gov Page 34 City of Plymouth * A� _ Adding Quality to Life August 5, 2011 Dear Resident/ Land Owner: Pursuant to the provisions of the Plymouth Zoning Ordinance, this letter is to inform you of a request by Kim Foley, under File No. 2011053, for approval of variances for side -yard setback for the existing garage and existing driveway on property located at 3380 Sycamore Lane North. The variances are requested to approve the existing non -conforming garage and driveway. No new construction is proposed with the requested variances. 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 Planning Commission at 7:00 p.m., on Wednesday, August 17, 2011, 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, hxovlhium/,�M Barbara G. Thomson, AICP Planning Manager O:/P lan/N otices/PC/2011 /201 1 53 -p ropnoti ce 3400 Plymouth Btvd a Plymouth; Minnesota 55447-1482 e Tel: 763-509-5000 e www ptymouthmn.gov Page 35 City 0f Plymouth Adding Quolity to Life August 5, 2011 SUBJECT: REZONING AND PUD GENERAL PLAN FOR RATIONAL ENERGIES HC INC. (2011056) Dear Resident/Land Owner: Pursuant to the provisions of the Plymouth Zoning Ordinance, this letter is to inform you of an application submitted by Rational Energies HC Inc., under File No. 2011056, requesting approval of a rezoning from 1-2, general Industrial to PUD planned unit development to allow an oil manufacturing use and a PUD general plan to allow new exterior equipment and related site improvements on the north and northwest sides of the building for the proposed oil manufacturing business. 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 meeting to be held by the Plymouth Planning Commission at 7:00 p.m., on Wednesday, August 17, 2011, in the Council Chambers at the 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 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, WV114VCWW Barbara G. Thomson, AICP Planning Manager notices/2011/2011056 propnotice 3400 Plymouth Blvd ® Plymouth,, M Nom' Page 36 rp) City oft ss Adding Quality to Life August 5, 2011 SUBJECT: Request for a Conditional Use Permit for a Religious Institution at 3300 Plymouth Boulevard (2011051) Dear Property Owner: Pursuant to the provisions of the Plymouth Zoning Ordinance, this letter is to inform you of a request by DJR Architects, under File Number 2011051, for a conditional use permit for a religious institution within the Northwest Islamic Community Center for property located at 3300 Plymouth Boulevard. The US Post Office would continue to provide counter service and post office boxes in the portion of the building facing 34"' Avenue and the Northwest Islamic Community Center proposes to use the remainder of the building for a community center. The City of Plymouth requires a conditional use permit to use an approximately 2,200 square foot multi-purpose room as a religious institution for weekly religious services and daily prayers. Hennepin County records indicate your property is within 500 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., Wednesday, August 17, 2011 in the Council Chambers at the Plymouth City Hall, 3400 Plymouth Boulevard. 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 on Tuesdays from 8:00 a.m. to 6:00 p.m., except holidays. Sincerely, ��GUII�� ��l clVvvl � Barbara G. Thomson, AICP Planning Manager 2011051propnotice 3400 Plymouth Blvd ® Plymouth; Minnesota 55447-1482 ® Tel: 763-509-5000 www.plymouthmn.gov 14tal ?—ag—e37 —A - Hennepin Hennepin County Transportation Department 1600 Prairie Drive Medina,MN 55340-5421 July 29, 2011 Mr. Mike Kelly, P.E. City Engineer City of Wayzata 600 Rice Street Wayzata, MN 55391 612-596-0300, Phone 763-478-4000, FAX 763-478-4030,TDD www.hennepin.us Re: Retaining wall along CSAH 15 at 205 and 215 Gleason Lakb Road Dear Mike: This letter is a summary of our discussion on July 27, 2011, regarding the county's proposed removal and replacement of the subject retaining wall. Our extensive efforts the past few years have thankfully, brought us to a point where we're now moving forward with appraisals/acquisitions for the property impacts. Recall that beginning in 2008, county staff obtained survey information and studied various wall types that would -work well for the area. Because of extensive city utilities in the area, the lack of space for pedestrians along these properties, and associated property impacts, a combination wall/slope has been finalized. The ultimate design was based on an extensive number of meetings this past year with Ms. Andrea Wallack of 215 Gleason Lake Road. We now agree that the proposed wall type, size and location is the right design for the area and will serve the motoring public, and pedestrians, much better than existing conditions allow. Regarding next steps, I followed-up today with our Land Acquisition Group, and was assured that we will have the right of way "in hand" on March 1, 2012. And as agreed-upon yesterday, it now makes the most sense for City of Wayzata plans (for the upgrade of your utilities) to be incorporated as an attachment to our design plans. The entire packet will be bid and awarded as part of one contract. The responsibility of contract administration is yet to be determined and finalized and will be part of the Construction Cooperative Agreement between Hennepin County and the City of Wayzata — to be developed in the coming months. Concerning the existing retaining wall condition, heavy rains this past month caused further erosion of the existing embankment to occur below the existing wall timbers, which resulted in shifting of the retaining wall and some settlement of the shoulder. Given that construction cannot begin now until the spring of 2012, Hennepin County will be shoring the existing retaining wall as feasible. In addition, we will be temporarily shifting traffic through the area, striped with 11 foot lanes, in order to minimize the effects of traffic surcharge loading on the wall. The proposed east side fog line will be striped 2 feet from the edge of shoulder, and the proposed west side fog line will be striped 5 feet east of its current location (see attached plan detail). "Shoulder Closed" signage and associated barriers/signage, and bituminous curb, will also be installed in the coming weeks in order to maintain traffic flow and proper drainage until construction can begin. After the wall is reconstructed in the An Equal Opportunity Employer pagtacy318f Paper spring of 2012, county forces will be repaving CSAH 15, allowing the road to be restriped appropriately. The city needs to know that if our efforts to maintain stability prove unsuccessful and the wall fails, the drivability of CSAR 15 will be impacted, necessitating the need to close the road. Access would obviously be maintained to residential areas, but through traffic would be affected. Meanwhile, we will monitor the condition of the wall/shoring on a daily basis, and will continue to keep the city informed of its status. If you have any questions, please feel free to contact me at 612-596-0330. Sincerely, Chris A. Sagsvepn, P.E. Administrative Engineer, Road & Bridge Operations Division c: Jim Grube, Department Director and County Engineer Greg Chock, Administrative Engineer - Traffic Division Harlan Hanson, Administrative Engineer — Construction Division Craig Twinem, Administrative Engineer — Design Division Tom Johnson, Administrative Engineer — Transportation Planning Jake Bronder, Road & Bridge Operations Engineer Jerry Mortenson, Specifications and Agreements Engineer Bruce Spanier, Supervising Engineering Technician Rich Grant, Land Acquisition Group Sharon Dix, Land Acquisition Group Doran Cote, Public Works Director — City of Plymouth Lee Gustafson, Director of Engineering — City of Minnetonka Page 39 Broadview Networks, hie., has previously been granted a Certificate of Authority to provide local and long distance telecommunications services by the Minnesota Public Utilities Commission and the Minnesota Department of Commerce. Please be advised that in the near future, Broadview Networks, hie., will be filing an application to expand its present operating area to include your town. Accordingly, upon receipt of the necessary regulatory approvals, the local and long distance telecommunications services of Broadview Networks, Inc., will become available in your town. To the extent you have any questions concerning this notice, please do not hesitate to contact: Catherine M. Hamman The Hamman Law Firm, P.C. 1629 K Street, N.W. Suite 300 Washington, D.C. 20006 Page 41 NORTHWEST SUB URBS CABLE COMMUNICATIONS COMMISSION 6900 Winnetka Avenue North Brooklyn Park, MN 55428 763-536-8355 July 29,:2011 Laurie Ahrens . City of Plymouth, 3400Plymouth.Boulevard Plymouth, MN 55447 Enclosed you will find a check for the quarterly payment of the 2011 Cable Capital Grant in the amount of $13,009.92. The Northwest Suburbs Cable Communications Commission has increased its capital flat -grant to cities by 4%. The grant, to be paid quarterly, is comprised of a flat grant to each city plus a proportional grant determined by the number of subscribers within each city. The schedule for these payments will be January 28t1i, April 29', July 29t1i and October 28th. If the 30th lands on a weekend the -payment will be sent prior to the 30th. Your payment breaks down as follows: CITY OF PLYMOUTH 2011 Flat Grant $14,801.00 2011 Proportional Grant $37,238.66 Annual Total: $52,039.66 Total divided by 4 = - $13,009.92 per quarter , Please. note that the actual dollar amounts of these grants change each year depending on the numl%r of cable subscribers. If you have any questions, please call me at 763-533-8196. Sincerely, g oore,cecutive Director Narth est Suburbs Cable Communications Commission cc: Helen LaFave Brooklyn Center • Brooklyn Park • Crystal -Golden Valley • Maple Grove • New Hope • Osseo • Plymouth �ir*:�le Q in, 4**4: Minnesota Pollution Control Agency 520 Lafayette Road North I St. Paul, MN 55155-4194 1 651-296-6300 1 800-657-3864 1 651-282-5332 TTY I www.pca.state.mmus July 27, 2011 RECA� . /V FQ Mr. Jerry Cornish JUS ,2 4712 McDonald Drive Place 9 '201, Stillwater, MN 55082 RE: Storage Tank Release Investigation and Corrective Action Site: Proposed West View Estates, 15920 Co. Rd. 47, Plymouth, Hennepin County 55446 Site ID#: LEAK 18450 Dear Mr. Cornish: Notice of Release The Minnesota Pollution Control Agency (MPCA) has been informed that a release has occurred or contamination has been encountered from storage tanks and/or storage tank facilities that you own and/or operate. The MPCA appreciates your timely notification so this site can be handled in an efficient manner. Legal obligations State laws require that persons legally responsible for storage tank releases notify the MPCA of the release and/or discovery of contamination, investigate, and if necessary, clean up the release(s) and/or contamination. A person is considered legally responsible for a petroleum tank release if the person owned or operated the tank either during or after the release, unless specifically exempted under the law. See Minn. Stat. § 115C.021 (2010). For releases of other substances, a person is considered legally responsible if the substance discharged was under the control of the person at the time of the discharge or release. If you believe that you are not legally responsible for this storage tank release, please contact the project manager listed below. If development of this property or the surrounding area is planned, State laws require that persons properly manage contaminated soil and/or water uncovered or disturbed even if they are not legally responsible for the storage tank release(s). Developers and other interested parties must also incorporate appropriate response actions to prevent the further spreading of contamination. To receive MPCA review and approval of proposed response actions, please contact the Petroleum Brownfields Program (PBP) at 651-296-6300 or at 1-800-657-3864, or visit their website at http://www.pca.state.mn.us/foyp80a. If petroleum contamination is encountered during development work, the Minnesota State Duty Officer should be notified immediately. Request to Take Corrective Action The MPCA requests that you take steps to investigate, and if necessary, clean up the release(s)/contamination in accordance with MPCA guidance documents. The site investigation must fully define the extent and magnitude of the soil and/or groundwater contamination caused by the releases)/contamination. Unless your site is considered "high priority" (see below), you must submit a report to the MPCA which details the results of the investigation or concludes that excavation was sufficient to clean up the release, within 10 months of the date of this letter. The MPCA reserves the right to reject proposed corrective actions if the requirements of the site investigation have not been fulfilled. Guidance documents and related information are located at the following website at http://www.pca.state.mn.us/isri80e. For sites contaminated by pollutants other than petroleum contact the. MPCA project manager listed below to discuss the investigation and reporting timeline that will be required for your site. The MPCA considers certain site conditions as high priority, including sites with "free product" (free-floating petroleum) that have affected or that threaten to affect drinking water supplies, sites where pollutants are being released to surface waters such as lakes or wetlands, and sites where petroleum or other vapors have been detected within structures or that pose fire or explosion hazards. If one or more of these situations apply to your site, you must submit an Investigation Report Form (refer to guidance documents) to the MPCA within 90 days. The MPCA reserves the right to reject proposed corrective actions if the requirements of the site investigation have not been fulfilled. In addition, if you know or discover that there is free product in a well, excavation, or borehole, you must notify the MPCA immediately of such a release and as rapidly and thoroughly as possible begin interim free product recovery (refer to guidance documents). If you have any question as to whether your site is high priority, please contact the MPCA project manager listed below. Equal Opportunity Employer Page 43 Mr. Jerry Cornish Page 2 Please review your insurance plan and contact your insurance carrier immediately after receiving this letter. Your insurance may cover this release. However, your insurance coverage may be affected by how quickly you notify your carrier. Reimbursement for Petroleum Site Investigations In 1987, the legislature established the Petroleum Tank Release Compensation Fund (Petrofund) to reimburse some responsible persons and volunteers (i.e., property owners not responsible for releases) who take corrective action for a portion of their costs. Th6 Petrofund is administered by the Petroleum Tank Release Compensation Board (Petro Board), which is part of the Minnesota Department of Commerce. To learn more about the Petrofund reimbursement program contact Petrofund staff at 651-215-1775 or 1-800-638-0418 (in greater Minnesota only), or review the information available at the following website at http://www.state.mn.us/portal/m n/isp/content.do?programid=536884614&id=-536881377&agencv=Commerce. Please be aware that Petrofund reimbursement determinations are made by Petrofund staff at the Department of Commerce. The determinations are based on whether or not the work performed at a leak site was necessary for investigation and corrective action, which is determined by MPCA staff, and whether or not the costs for that work were reasonable, which is determined by Petrofund staff. If you have not already done so, the MPCA recommends that you hire a qualified environmental consulting firm to help you investigate and clean up the contamination on your site. A qualified consulting firm should have experience in performing investigations of contaminated sites and in developing and implementing corrective actions. For petroleum investigations, the consultant must be registered with the Petro Board if you wish to have your costs considered for reimbursement. A list of registered contractors is available from the. Petrofund staff. Please note that, under the Petro Board's rules, (see Minn. R. ch. 2890), you must -solicit a minimum of two written competitive consultant proposals on a form prescribed by the Petro Board to incur costs eligible for reimbursement, and a minimum of two written competitive contractor bids must also be obtained for each contractor service. Again, the MPCA strongly encourages you to contact Petrofund staff for answers to all of your questions about bidding and the other Petrofund reimbursement program requirements. Required Response Please provide notification to the MPCA by submitting the enclosed Leaksite Ownership Form to the MPCA project manager listed below. The Leaksite Ownership Form must be completed and submitted within 30 days of your receipt of this letter to indicate whether you intend to proceed with the requested investigation and/or corrective action. If you do not respond within this time frame, the MPCA will assume that you do not intend to comply. In this case, the MPCA Commissioner may issue an enforceable order that will require you, as responsible party, to take corrective action. Failure to cooperate with the MPCA in a timely manner may result in reduced reimbursement from the Petro Board, see Minn. R. ch. 2890. If you do not cooperate, the MPCA has the option of taking the corrective actions on your behalf and recovering itc rnctc frnm ynwi, if you have any questions concerning this letter or need additional information, please contact me at 651-757-2331. Please reference the above LEAK # in all correspondence. If you are calling long distance, you may reach the MPCA by calling 1-800-657-3864. Sincerely, Andrew ddy :Project Manager Petroleum Remediation Section Remediation Division AJE:Is Enclosures cc: Sandy Engdahl, Clerk, Plymouth Richard Kline, Fire Chief, Plymouth Dave Jaeger, Hennepin County Solid Waste Officer Andy Brummer, Braun Intertec, St. Cloud - Jaimie Thelen, Sand Companies, Waite Park Page 44 August 3, 2011 Mr. Brad Wozney MN Board of Water and Soil Resources 520 Lafayette Road N. St. Paul, MN 55155 Re: Major Plan Amendment for the Bassett Creek Watershed Management Commission's September 2004 "Watershed Management Plan" Dear Mr. Wozney: The Bassett Creek Watershed Management Commission (BCWMC) proposes a major plan amendment to the September 2004 BCWMC Watershed Management Plan (BCWMC Plan). The proposed amendment would modify the following parts of the BCWMC Plan: • Adding to the Capital Improvement Program (CIP) one project to restore 2.5 miles of the Main Stem of Bassett Creek from Irving Avenue North in Minneapolis to Golden Valley Road in Golden Valley for 2012. • Adding to the CIP a project to modify the outlet of Wirth Lake to prevent backflow from the creek during flooding which would reduce phosphorus loading to the lake, as recommended in the Wirth Lake TMDL Implementation Plan for 2012. • Adding to the CIP a project to construct a pond at Lakeview Park within the Medicine Lake watershed that would reduce nutrient loading to this impaired water for 2013. On February 25h of this year the BCWMC sent you a notice of this proposed amendment requesting comments during a 60 day review period. Since that time the Commission completed the comment period, approved feasibility reports for these projects further defining methods and costs for the projects, and held a public hearing on the amendment (record attached). This letter requests BWSR approval of the proposed Major Plan Amendment at its August 25 meeting, and updates our February 25 correspondence to present adjustments to methods and cost estimates based on the feasibility reports. The changes resulting from the feasibility studies for the Major Plan Amendment projects include: 1. An increased cost estimate for the Main Stem Channel Restoration project from $600,000 to $856,000. 2. A revised method to be implemented for the Wirth Lake Outlet Modification resulting in a reduction in the cost estimate from $250,000 to $180,000. 3. No change to the Lakeview Park pond project. A revised CIP (Table 12-2 in the BCWMC Plan) showing all three projects is attached to this request. The revised table shows the three additional projects, along with the completed and future CIP projects from 2010 through 2018 with their estimated costs. Completed CIP projects are shown with the actual project costs incurred and the year of completion (shown in the notes at the bottom of the table). Page 45 Mr. Brad Womey August 3, 2011 Page 2 Also attached are the proposed changes to the BCWMC Plan (Section 12.6.4, 2011 Major Plan Amendments). This language is in addition and does not replace any existing text. The remainder of this letter describes the proposed BCWMC Plan modifications in more detail and the major plan amendment process. Addition to the CIP— Main Stem of Bassett Creek through Minneapolis and Golden Valley (2012) The BCWMC Plan recognized the need to restore stream reaches damaged by erosion or affected by sedimentation. Section 7.0 of the BCWMC Plan describes the issue, the Commission's policies relating to channel restoration, and the benefit of stream restoration in preserving fisheries habitat and minimizing nutrient and sediment loads to the creek and downstream waters. The Commission established the Creek and Streambank Trunk System Maintenance, Repair and Sediment Removal Fund (the Restoration Fund) to address the issue. The Commission decided to assess the cities in the watershed $25,000 annually to fund channel restoration projects (Restoration Fund). The cities conducted inventories of the channel reaches and the BCWMC Plan identified specific problem areas. The main stem of Bassett Creek through Minneapolis and Golden Valley has numerous problem areas identified in the Minneapolis Park & Recreation Board (MPRB) Erosion Site Survey. The problems include degraded vegetative diversity and invasive species, steeply incised banks, areas of active bank erosion, and deposition of sediments. The work to restore the channel in this area has been requested by the MPRB, which owns nearly all of the property adjacent to the creek. The MPRB is redeveloping a large portion of adjacent park area in Wirth Regional Park and desires to minimize the disruption to the park and coordinate the restoration work with the park development. The Bassett Creek Minneapolis Main Stem channel restoration project proposed to be added to the CIP will consist of a variety of erosion control measures including: • Rock vanes to direct flow away from eroding stream banks • Check dams to prevent erosion of the stream bottom • Armoring the banks • Redirecting runoff that is contributing to slope failures • Re -grading, stabilizing and re -vegetating slopes and the shoreline. The total estimated cost of the restoration project is $856,000. Addition to the CIP— Wirth Lake Outlet Modification (2012 The Implementation Plan for the Wirth Lake TMDL calls for a project to modify the lake's existing outlet structure to prevent the flow of water from the creek to the lake during high-water flood events. Based on analysis of historic data, the modification of the Wirth Lake outlet will be required to achieve the annual load reductions prescribed in the TMDL allocations. The modifications would include replacing the existing bulkhead, or stationary head wall, with a new bulkhead with openings for two 24 inch diameter rubber check valves which would be installed with bolt on flanges. The two proposed valves would slightly exceed the existing cross-sectional area for flow and would maintain P:\Mpls\23 MN\27\2327051\WorkFiles\Major Plan Amendments\2011 Amendment\Major Plan Amendment request 7-2011.doex Page 46 Mr. Brad Wozney August 3, 2011 Page 3 the existing outflow capacity while preventing water from the creek from entering the lake during flood flows. A slanted "self cleaning" inlet grate will be installed that is designed to maintain the normal water level of Wirth Lake. This is a new water quality project with BWSR grant funding for $75,000 that must be spent within two years. The total preliminary estimate of capital construction cost to modify the Wirth Lake outlet is $180,000 including permitting and administration. Addition to the CIP—Lakeview Park Water Quality Pond (2013) The Lakeview Park Water Quality Pond will be located in Lakeview Park in western Golden Valley, northwest of the intersection of Winsdale Street and Gettysburg Avenue. It will receive runoff from a 160 -acre watershed that drains to Medicine Lake, an impaired water with an approved TMDL Study. A portion of the runoff in the watershed is treated in a pond in East Medicine Lake Park that was constructed cooperatively by the City of Plymouth and the Commission in 2005. The construction of Lakeview Park Pond will improve the TSS and nutrient removal capabilities of the East Medicine Lake Park Pond. The cost of the project is estimated at $196,000. Maior Plan Amendment Process In accordance with MN Statute 10313.231, copies of this proposed plan amendment were sent to the member cities, Hennepin County, Hennepin Conservation District, the Metropolitan Council, the state review agencies, MnDOT, MPRB, and BWSR for a 60 -day review and comment period. Copies of the major plan amendment were, and continue, to be available on the BCWMC's website (www.bassettcreekwmo.org). No comments were received during the 60 -day review period. The BCWMC held a public hearing on this amendment on June 16. An official record of that hearing is attached. On August 2, Hennepin County approved the proposed Major Plan Amendment. This letter requests the Plan Amendment be considered for approval by BWSR at its August 25 meeting. Assuming BWSR approval BCWMC will adopt the Amendment, hold a public hearing prior to ordering the projects, and certify a tax levy request to Hennepin County on September 15. Two of these three projects are proposed to be constructed in 2012. For this to happen, the BCWMC must order the projects and submit its tax levy request to Hennepin County by the end of September 2011. Thank you for your action on this proposed amendment. We look forward to working with the BWSR staff to gain the BWSR Board's timely approval of this major plan amendment. Please call either Charlie LeFevere, Esq., the BCWMC's legal representative, at (612) 337-9215, or Len Kremer, P.E., the BCWMC's engineer, at (952) 832-2781 if you have any questions. Sincerely, Linda R. Loomis Chair, Bassett Creek Watershed Management Commission P:\Mpls\23 MN\27\2327051\WorkFiles\Major Plan Amendments\2011 Amendment\Major Plan Amendment request 7-2011.docx Page 47 Mr. Brad Wozney August 3, 2011 Page 4 Enclosures Record of Public Hearing June 16, 2011 Proposed CIP Table 12-2 in the BCWMC Plan Proposed language for Section 12.6.4, "2011 Major Plan Amendments" c: Bassett Creek Watershed Management Commission City of Crystal — Ms. Janet Lewis, City Clerk City of Golden Valley — Ms. Sue Virnig, City Clerk City of Medicine Lake — Ms. Nancy Pauly, City Clerk City of Minneapolis — Mr. Steven Ristuben, City Clerk City of Minnetonka — Mr. David Maeda, City Clerk City of New Hope — Ms. Valerie Leone, City Clerk City of Plymouth — Ms. Sandra Engdahl, City Clerk City of Robbinsdale — Mr. Tom Marshall, City Clerk City of St. Louis Park — Ms. Nancy Stroth, City Clerk Hennepin County — Mr. Joel Settles Hennepin Conservation District = Ms. Stacey Lijewski Metropolitan Council — Ms. Judy Sventek Minneapolis Park & Recreation Board — Debra Pilger Minnesota Department of Natural Resources — Ms. Charlotte Cohn Minnesota Pollution Control Agency — Mr. David L. Johnson Minnesota Department of Health — Mr. Art Persons Minnesota Department of Agriculture — Ms. Becky Balk Minnesota Department of Transportation — Nick Tiedeken P:\Mpls\23 MN\27\2327051\WorkFiles\Major Plan Amendments\2011 Amendment\Major Plan Amendment request 7-2011.docx Page 48 BCWMC June 16, 2011, Meeting Minutes Bassett Creek Watershed Management Commission Minutes of the Meeting of June 16, 2011 1. CALL TO ORDER The Bassett Creek Watershed Management Commission (BCWMC) was called to order at 11:35 a.m., on Thursday, June 16, 2011, at Golden Valley City Hall by Chair Loomis. Ms. Herbert conducted roll call. Roll Call Crystal Commissioner Pauline Langsdorf Administrator Geoff Nash Golden Valley Linda Loomis, Chair Counsel Charlie LeFevere Medicine Lake Commissioner Ted Hoshal Engineer Karen Chandler Minneapolis Alternate Commissioner Lisa Goddard Recorder Amy Herbert Minnetonka Absent New Hope Alternate Commissioner Al Sarvi Plymouth Commissioner Ginny Black, Vice Chair Robbinsdale Absent St. Louis Park Commissioner Jim de Lambert, Secretary Also present: Laura Adler, BCWMC Technical Advisory Committee, City of St. Louis Park Derek Asche, BCWMC Technical Advisory Committee, City of Plymouth Pat Byrne, BCWMC Technical Advisory Committee, City of Minneapolis Jeannine Clancy, BCWMC Technical Advisory Committee, City of Golden Valley Lois Eberhart, BCWMC Technical Advisory Committee, City of Minneapolis Christopher Gise, Watershed Resident Dave Hanson, Alternate Commissioner, City of Golden Valley Richard McCoy, BCWMC Technical Advisory Committee, City of Robbinsdale Jeff Oliver, BCWMC Technical Advisory Committee, City of Golden Valley Justin Riss, Alternate Commissioner, St. Louis Park Sandi Villarreal, Golden Valley Patch Andrea Weber, Minneapolis Park and Recreation Board Jeff Weiss, Barr Engineering Company 2. APPROVAL OF AGENDA AND CONSENT AGENDA Chair Loomis amended the agenda to add an invoice for payment to the Lorenz Bus Service in the amount 1 Page 49 BCWMC June 16, 2011, Meeting Minutes of $431.25, an invoice to the Sun Newspapers in the amount of $297.44, an invoice to Shingle Creek Watershed in the amount of $869.75 for WMWA workshops, and an invoice to WMWA in the amount of $2,969.50. Commissioner Black moved to approve the Consent Agenda and the Agenda as amended. Acting Commissioner Goddard seconded the motion. The motion carried unanimously with seven votes in favor [Cities of Minnetonka and Robbinsdale absent from vote]. 3. CITIZEN INPUT ON NON -AGENDA ITEMS No Citizen Input on Non -agenda Items 4. ADMINISTRATION Presentation of May 19, 2011, Meeting Minutes. The meeting minutes were approved as part of the Consent Agenda. Presentation of Financial Statements. The June Financial Report was received and filed as part of the Consent Agenda. The general and construction account balances reported in the June 2011 Financial Report are as follows: Checking Account Balance $606,669.58 TOTAL GENERAL FUND BALANCE $606,669.58 Construction Account Cash Balance 2,886,513.85 Investment due 9/16/2015 512,059.83 TOTAL CONSTRUCTION ACCOUNT 3,398,573.68 BALANCE -Less: Reserved for CIP projects 4,865,112.45 Construction cash/ investments available (1,466,538.77) for projects Presentation of Invoices for Payment Approval. i. Kennedy & Graven — Legal Services through 4/30/11— invoice for the amount of $2,294.33. ii. Barr Engineering Company — Engineering Services through 4/29/11— invoice for the amount of $54,724.42. iii. Barr Engineering Company — Engineering Services through 5/27/11— invoice for the amount of $59,701.05. iv. Watershed Consulting, LLC — Geoff Nash Administrator Services through 5/31/11— invoice for the amount of $4,147.15. V. Amy Herbert — May Administrative Services — invoice for the amount of $3,485.71. vi. D'amico- ACE Catering — June BCWMC meeting catering — invoice for the amount of $215.89. vii. Finance & Commerce — Public Hearing Notice Publication — Public Communications — invoice for 2 Page 50 BCWMC June 16, 2011, Meeting Minutes the amount of $180.52. viii. State Register — Public Hearing Notice Publication — Public Communications — invoice for the amount of $96.00. ix. Lakeshore Weekly News — Public Hearing Notice Publication — Public Communications — invoice for the amount of $171.60. X. Shingle Creek Watershed — 2011 WMWA Expenses — invoice for the amount of $869.75. A. Lorenz Bus Service, Inc. — Bus Rental for 6/22/11 Watershed Tour — invoice for the amount of $431.25. xii. Sun Newspapers — Public Hearing Notice Publication — Public Communications — invoice for the amount of $297.44. xiii. WMWA — 2011 WMWA Workshops — invoice for the amount of $2,969.50. Commissioner Langsdorf requested the removal of invoice xiii a WMWA since the WMWA workshop costs were be handled in the Shingle Creek invoice. Commissioner Black moved to approve payment of the twelve remaining invoices. Commissioner de Lambert seconded the motion. By call of roll the motion carried unanimously with seven votes in favor [Cities of Minnetonka and Robbinsdale absent from vote]. 4D. Authorize Staff to Send BCWMC Invoice to the City of Minneapolis for Engineering Services provided to the City for the 165 Glenwood Avenue Drainage Study. Ms. Chandler said that the City contacted the Commission Engineer because a permit applicant had contacted the City of Minneapolis regarding discharging runoff into the Tunnel. She said that the City wanted an analysis done before the applicant proceeded to the next permit step because the City wanted to make sure that the discharging would be ok. Ms. Chandler said that the City agreed to pay the Commission Engineer for the analysis work, which is similar, but much smaller in nature, to the analysis that the Commission Engineer did for the Twin's stadium. She said that she is asking the Commission to approve sending the letter, included in the meeting packet, to the City under Sue Virnig's signature. She said that the invoice should be revised to include an additional charge of $145.00 for follow up work bringing the total of the invoice to $1,520.50. Chair Loomis asked if the Administrator would take care of the invoice. Ms. Chandler said that Barr Engineering would revise the invoice as described and forward it to Administrator Nash. Chair Loomis said that Administrator Nash would then get the invoice to Sue Virnig for signature and then would send the invoice to the City. Commissioner Black moved to approve the revision to the invoice and to send it to the City of Minneapolis. Commissioner Hoshal seconded the motion. Acting Commissioner Goddard asked for clarification on which Minneapolis Tunnel was part of the analysis. Ms. Chandler responded that it was the New Tunnel and commented that the Commission Engineer discovered that there would not be any impact and that the Commission would likely see the project come before the Board. The motion carried with seven votes in favor [Cities of Minnetonka and Robbinsdale absent from vote]. 5. PUBLIC HEARING Chair Loomis stated that the Commission is proposing to amend its Watershed Management Plan and is holding a public hearing as required for Plan amendments. She explained that the Commission is proposing to amend its Plan by adding three projects: • Restoration of the Main Stem of Bassett Creek from Irving Avenue North in Minneapolis to Golden Valley Road in Golden Valley in 2012. Page 51 BCWMC June 16, 2011, Meeting Minutes • Modification of the Wirth Lake Outlet in 2012 • Construction of a pond at Lakeview Park within the Medicine Lake watershed in 2013. Restoration of the Main Stem of Bassett Creek from Irving Avenue North in Minneapolis to Golden Valley Road in Golden Valley in 2012: Ms. Chandler introduced Jeff Weiss from Barr Engineering Company to present the feasibility project on the restoration of the Main Stem of Bassett Creek. Mr. Weiss summarized that he would review the reach locations, the problems observed, the concept solutions, opinion costs, and next steps. Mr. Weiss, showing a PowerPoint presentation, explained that the project is located in the far eastern end of the Bassett Creek watershed and is almost entirely in the Theodore Wirth Park and Theodore Wirth Golf Course. He said that the Minneapolis Park and Recreation Board (MPRB) brought forth this restoration project because the MPRB wants to do renovations throughout the park and wants to coordinate efforts. Mr. Weiss said that Barr Engineering staff and MPRB staff walked through the park together to identify sites for the restoration. Mr. Weiss described the project's site one, the Fruen Mill site, and pointed out the crumbling WPA (Works Progress Administration) wall along the bank. He described the second site and showed a photo indicating signs of heavy foot traffic contributing to the erosion in the site. Commissioner Black asked how the foot traffic issue would be addressed so that the restored bank doesn't end up eroded by foot traffic in the same way. Mr. Weiss said that the final design plans could include designated walking areas or perhaps the MPRB would consider adding a fishing pier. Commissioner Black said that if it is a heavy fishing area people won't stop fishing at the spot. Ms. Chandler said that Barr Engineering could discuss the issue with the MPRB. Mr. Weiss described site 3 as a drawdown of the wetland area, site 4 as an eroded bank where the current is undercutting a tree, site 5 as a spot where a big oak tree is being undercut by the current, and site 6 as a large site with eroding bank adjacent to the park's walking trail. He said that at site 6 some rocks had been moved by people, which caused the water to undercut the bank at one spot. Mr. Weiss said that the last three sites are all on Theodore Wirth Golf Course and are very straightforward in terms of where the banks have erosion and wear and tear. He said that adding some buffer between the golf course and the creek would add extra stabilization. Mr. Weiss discussed possible structural -based and plant -based solutions. He said the Fruen Mill site is the only site that needs rip rap and said that rock vanes are proposed at two sites. Mr. Weiss said that plant - based treatments include live cutting, plant stakes, bio logs, and root wads. Mr. Weiss went through the opinion of costs table. Commissioner Black asked when the Commission would receive the cost estimate for use in determining what the Commission will request for its levy. Ms. Chandler responded that this number in the opinion of cost is what the Commission will use in calculating its levy request. She said that the City will get the final cost estimate when the project is going to be constructed and there are construction plans and specifications. Ms. Chandler said that the term feasibility -level opinion of cost describes where the project is at in terms of how defined it is and that the project is in between the ballpark cost estimate and the final design/ construction cost estimate. Mr. Weiss said that that the total opinion of cost for the project is $856,000, which includes the construction contingency and the design, permitting, and administration costs. He said that the construction cost subtotal is just under $500,000. He added that the only location where there is concern for contamination is the Fruen Mill site, which is also the only site for concern about possibly needing cultural or historical investigations. Mr. Weiss noted that costs for contamination remediation of approximately 50% of the soil at the Fruen Mill site and cultural and historical investigations at that site were assumed in the opinion of cost. He explained that the opinion of cost assumes no costs for construction easements since 4 Page 52 BCWMC June 16, 2011, Meeting Minutes the construction will occur on MPRB property. Mr. Weiss said that the tree replacement was assumed at two -to -one and the vegetation warranty was assumed to be a three-year contract. Mr. Weiss said that next steps would be for the Commission to take steps to finalize the feasibility report, distribute the final report, amend its Plan and send the levy request to the County and then the MPRB would undertake the project. Commissioner Black said that the construction contingency standard is 10% and asked why it is assumed at 20% for this project. Ms. Eberhart stated that as far as the soil contamination there was a transformer in that area that experienced some vandalism last year but that the disturbance to the site was minimal so she is not terribly concerned about extensive soil removal. She said that there may be a discussion raised by the Minnesota State Historical Preservation Office regarding the rip rap at site one so having a 20% contingency right now is comfortable because there may be some design changes at that site for that reason and also to address the fishing needs. Ms. Eberhart said that her understanding is that the Commission needs to or prefers to pass funds through a Commission member and she pointed out that the MPRB is not a member. She said the City of Minneapolis would be the fiduciary agent and would then hire the MPRB. Ms. Eberhart said that the City of Golden Valley is comfortable with the arrangement of the money flowing through the City of Minneapolis, even though some of the project is located in the City of Golden Valley, and the City of Minneapolis has a closer relationship to the MPRB. She said that if the Commission wants the money to go directly to the MPRB it would be fine with the City of Minneapolis. Commissioner Black said that 30% for design, administration, and permitting seems high especially given that the Resource Management Plan was supposed to help lower costs of permitting. Ms. Eberhart commented that hopefully some of the work in this project will be bioengineering, which is a more creative and time consuming process than using rip rap. She said that she thinks that at this point it is appropriate to have the higher contingency figure in the report, which is not meant to encourage too much work. Ms. Eberhart clarified that regarding permits there will need to be a construction easement at the private property, which is the Fruen Mill site, and the MPRB would issue permits for the work on MPRB property but without a fee, and she wasn't sure what other permits may be needed for the work on the creek. She added that it is more comfortable to have the cost figure higher than too low at this point. Commissioner Hoshal asked about whether the erosion control measures in the project would actually serve to just move the erosion problems to new sites. Mr. Weiss said no, not likely. Commissioner Hoshal asked if anyone had any knowledge of a historical site called the Sweeney Slaughterhouse along the creek in the early 1900s. No one indicated any information about it. Mr. Asche said that the Minnesota Pollution Control Agency (MPCA) may be looking at wetland issues for their formal water quality certification. He said one of the issues that the City of Plymouth has run into through the BCWMC is wetland mitigation required for some ponding. He said the wetland mitigation can go a couple of different directions depending on the type of project and can be an unanswered question for quite a while. Mr. Weiss said that this project wouldn't change any permanent ponding areas or any permanent water levels so the project wouldn't cause any permanent wetland impacts. He said that there would be the drawdown of the one wetland site but it would return to its normal water level. Mr. Weiss explained that the typical experience with streambank erosion projects are that they are self -mitigating and often improve wetland habitat because of the sloped banks. Chair Loomis asked if the Commission evaluates its streambank restoration projects in terms of habitat and remarked on one of the proposed sites in the project where the stream will be widened to slow down the velocity of the waters and asked how that would impact the habitat for mussels, which require faster moving water. Mr. Weiss said that the base flow area of that site wouldn't really be impacted and instead the project would create more of a flood plain and the bulk of the flow would remain in the channel. Andrea Weber of the MPRB discussed that site and said that the MPRB would like to construct additional access points on that section and possibly some fishing points as well. Chair Loomis brought up the earlier discussion of the foot traffic on site two. Andrea Weber said that the area is a popular fishing spot and the 5 Page 53 BCWMC June 16, 2011, Meeting Minutes MPRB is looking into putting in fishing blocks to provide people with an opportunity to do that activity. She said the MPRB is still in a citizen's advisory phase but commented that in the case of a project such as this one where the MPRB is partnering with another group the MPRB will communicate to its Citizen Advisory Group that there are certain things that need to happen in the project in partnership. Chair Loomis commented that one of the erosion sites seems to have worse scouring due to people rearranging rocks in the creek and asked if the MPRB has plans to monitor the rock vanes after construction. Ms. Weber said that the MPRB would need to maintain the project once the construction and warranty are complete and it will be something that the MPRB will need to make sure its staff understands. Modification of the Wirth Lake Outlet Structure in 2012: Chair Loomis noted that this project is part of the Wirth Lake TMDL implementation project. Ms. Chandler displayed a PowerPoint presentation on the project location, goals and issues, alternatives, recommended solutions, opinion of cost, and next steps. Ms. Chandler explained that the outlet is on the northeast corner of Wirth Lake and flows a short distance before it heads into the Main Stem of Bassett Creek. She said that the project is the one and only implementation project of the Wirth Lake TMDL study. Ms. Chandler explained that the project is to modify the outlet structure to prevent backflows coming into Wirth Lake from Bassett Creek. She said that the project would eliminate 55 pounds of phosphorous from flowing from the creek into the lake. Ms. Chandler said the project will replace the current timber outlet of the structure, will need to make sure there won't be any problems with the lake level or flood levels downstream, and will want to minimize the maintenance required. Ms. Chandler noted that the creek is typically one to two feet lower than the lake but that it only takes the creek to be at a level that is consistent with a two-year flooding event for the water to flow back into Wirth Lake. Ms. Chandler explained the four alternatives that were explored and provided information on the recommended solution of the replacement of the timber outlet with two rubber check valves. Ms. Chandler reported that the advantages to the rubber check valve solution include lower cost, reliability, low maintenance needs, and the fact that it would be the least visible option. She stated that the disadvantages include that access would be needed from the top and that something like lockable hatches would need to be constructed. She noted that the rubber check valves would also require a weir to be placed in from of the outlet structure to control the water level so it remains at its normal water level. Ms. Chandler said that the opinion of cost for the project is $180,000 and that the BCWMC received a $75,000 Clean Water Fund grant from the Minnesota Board of Water and Soil Resources (BWSR) for the project. She said that the Commission would need to take action on the feasibility study and that there would need to be an agreement between the City of Golden Valley and the MPRB for the City to do the construction on the site and for maintenance of the project. Mr. Asche asked if there is any concern with the option regarding managing to get water out of Wirth Lake in the event of an emergency. Ms. Chandler said that it is a good point and that if there is to be a ground overflow that it should be designed as part of the project. Mr. Byrne asked if the project would reduce the total capacity and if the emergency overflow would be used at a different frequency. Ms. Chandler said it that Barr Engineering would need to look into it to find out the relative capacity. Commissioner Black said that it looks like there may be a lot of foot traffic in the area of this project, too, and wondered if the design would accommodate for it. She said that it should be looked at during the project design and perhaps could be coordinated with the Main Stem project's site two regarding design considerations for the foot traffic. Commissioner Hoshal displayed a mounted Bassett Creek walleye and spoke of the environmental 6 Page 54 BCWMC June 16, 2011, Meeting Minutes disconnect, the physical disconnect between the creek and the lake, which would occur if the rubber check valve solution is used. He asked that the feasibility report touch on the environmental disconnect and its potential impact and how it could be addressed. Mr. Oliver commented that Wirth Lake is part of the Minnesota Department of Natural Resources' (DNR) children's fishing program and is stocked regularly. He said that his inclination is that most of the fish present in the stream are rough fish and it would improve the fishery of Wirth Lake by not allowing rough fish into the lake. Construction of a Pond at Lakeview Park in 2013: Chair Loomis said that this project is located in the Medicine Lake watershed and is on the implementation plan for the Medicine Lake TMDL. Ms. Chandler stated that the feasibility study was e- mailed to the Commission and is available in hard copy format today. She said that the study is the 2004 report prepared by Bonestroo and is accompanied by a letter written this month by the City of Golden Valley that updates the status of the feasibility study and the project. Ms. Chandler said that the project is slated for 2013 construction. She stated that she would present information about the project's location, problems, goals, what the proposed pond would do, opinion of cost, and conclusion. Ms. Chandler said that the project location is on the west side of the City of Golden Valley and close to Highway 169 and discharges into Plymouth and Medicine Lake. She described the site and said that the water quality -related concerns are that the watershed currently drains to Plymouth without any water quality treatment and that the watershed is fully developed, which means it doesn't offer many opportunities to add water quality treatment. Ms. Chandler said that the goals were to improve how well the existing BMPs work downstream, to reduce the nutrient loading, to meet the Commission's Level I treatment standards, and to meet the City's goals of reducing the potential for flooding and providing an amenity in the park. Ms. Chandler provided details on the benefit to Medicine Lake regarding the phosphorus removal that would be gained due to the pond. She said the pond would prevent 38% of total suspended solids and 23% of total phosphorous each year from entering Medicine Lake. She said that in 2004 the project cost estimate for constructing the pond was $146,000 but there were additional costs that the City faced regarding removal of asbestos -bonded sewer pipes. Ms. Chandler explained that at the time the City was looking at a slightly different location for the pond, which would have required the repositioning of sanitary sewer pipes. She said that those additional costs would have brought the project cost up to $417,000 and due to that high cost the project was not ordered to be built. She said the project cost has since come down to $196,000 because the City of Golden Valley will be using other funds to be make the sanitary sewer pipes water tight so that they won't need to be removed. She said the project cost includes the updated cost for the pond construction with allowance for inflation and some allowance in case some pipe may need to be moved. Ms. Chandler listed the project benefits as getting the needed additional water quality treatment for Medicine Lake, meeting Level I water quality treatment requirements, reducing the maintenance requirements downstream because it allows another place for sediments to settle out before heading down downstream, providing park amenities, and avoiding utility removal/ relocation. She mentioned that the project does not increase flooding issues in the area. She recommended that the Commission order the project for 2013 when the Commission gets to the point in the process of ordering projects. Chair Loomis stated that this is a public hearing and asked if anyone wanted to comment on the proposal to amend the BCWMC's Plan. Hearing no comments Chair Loomis closed the public hearing. Chair Loomis said that staff is looking for direction to amend the Commission's Watershed Management Plan to include the three projects presented today. Commissioner Black said that she doesn't have any problems with adding these projects to the Commission's Plan but that she is not in agreement with the 20% contingency and the 30% administration, design, and permitting costs. 7 Page 55 BCWMC June 16, 2011, Meeting Minutes Commissioner Black moved to amend the Commission's Watershed Management Plan to include the three projects presented and that she hopes that the Commission will receive more reasonable cost estimates for the contingency budget and the design, administration, and permitting costs. Acting Commissioner Goddard seconded the motion. Commissioner Black commented that she would like the Commission to go out for a Request for Proposals (RFP) for these projects. Chair Loomis said that typically the Commission contracts with a member city for the projects and the member city would go out for any RFPs. The motion carries with seven votes in favor [Cities of Minnetonka and Robbinsdale absent from vote]. 6. NEW BUSINESS A. Discuss Capital Project Funding: i. Estimated Tax Levy Request for County Collection in 2012. Ms. Chandler said that the Commission needs to provide today to Hennepin County a number for the Commission's estimated maximum tax levy request for collection in 2012. She said the Commission could lower its request but couldn't raise it beyond this estimate. Ms. Chandler stated that the amount in the Commission's CIP reserve is getting verified but is not available for today's discussion. She recommended that the Commission anticipate needing to use levied funds for the 2012 construction project costs and the Schaper Park Pond study. She said the total costs of the 2012 projects are $1,073,000. Ms. Chandler said the Commission could levy for the entire amount, or N the Commission would like to keep its levy request at the previously discussed 2012 amount of $935,000 then the Commission could split the costs for the Main Stem project over two years. Commissioner Langsdorf asked about the costs that the Commission already anticipates for 2013. Ms. Chandler reviewed with the Commission the CIP projects and the costs identified for 2013. Chair Loomis said that the Commission would need $1,073,000 less the $75,000 Clean Water Fund grant of $75,000 for the Wirth Lake Outlet Structure project, which would mean the Commission would need $998,000. Commissioner Black reiterated that she is looking for lower numbers for the construction contingency and the design, permitting, and administration costs on the projects and that if there aren't lower costs she'll be looking for justification of the costs. Commissioner Black moved for staff to communicate to Hennepin County that the Commission's maximum tax levy for collection in 2012 is $998,000. Commissioner Goddard seconded the motion. The motion carries with seven votes in favor [Cities of Minnetonka and Robbinsdale absent from vote]. Mr. Asche said that perhaps the Commission would want the TAC to discuss the feasibility costs so that a way could be worked out for the feasibility studies to have some itemized numbers for some of those costs described by Commissioner Black. Ms. Clancy agreed with Mr. Asche's suggestion and also commented that city council members may be used to seeing feasibility reports for project improvements that are at the 75% to 80% design level whereas here the Commission is seeing the reports at the 10% design level, which may be why there seems to be some discrepancy between the percentages for the contingencies and unfortunately the Commission needs to ask for money for the projects very early in the process. The motion carries with seven votes in favor [Cities of Minnetonka and Robbinsdale absent from vote]. B. Discuss Draft Feasibility Reports: Bassett Creek Main Stem Project; Wirth Lake Outlet Structure CIP Project; and, Lakeview Park Pond Ms. Chandler asked if the Commission wants to see the reports changed or presented again or if the Commission wants revisions or justification to the cost estimates. She reiterated that the numbers listed in 8 Page 56 BCWMC June 16, 2011, Meeting Minutes the reports are the numbers that the Commission will be working with until it has final cost estimates during the design process. Commissioner Black asked if these numbers in the reports are the numbers that the Commission will use for its levy. Ms. Chandler said yes. Mr. LeFevere said that the Commission wouldn't need to change these feasibility reports but could include more information about the costs of the projects as part of its consideration process when it decides its final levy request amount in September. Mr. LeFevere said that the amount that the Commission levies is the amount that the Commission agrees to pay the cities for these projects. He said that the cities are required to cover cost overruns and the implementing cities are the ones who have the greatest interest in making sure they have enough contingency so that they are comfortable with moving forward. Acting Commissioner Goddard pointed out that if the project costs end up being less than the amount that is levied for the project then the remaining funds go into the CIP reserve and could be applied to the costs of the next year's capital projects, which would thereby reducing the levy for that year. Ms. Clancy agreed with Acting Commissioner Goddard's comments and stated that the cities and BCWMC staff have been aggressively seeking out other sources of funding for the construction projects. Acting Commissioner Goddard said that regarding the Wirth Lake report the Commission had questions about checking the outlet capacity and looking into emergency overflow. Commissioner Hoshal said he would like a paragraph added that addresses the disconnection that would be caused by the proposed valve. Ms. Chandler said the Commission also had a comment about addressing the foot traffic around the outlet. The Commission agreed that no changes needed to be made to the Main Stem feasibility study but directed Ms. Chandler to follow up with the MPRB regarding the foot traffic at site 2. Chair Loomis asked what the cost savings would be between a two-year and three-year warranty on the vegetation in the Main Stem project and asked Barr Engineering to investigate. Ms. Chandler asked if the Commission would like to see an updated presentation on the Wirth Lake report next month. The Conmiission indicated yes. Acting Commissioner Goddard moved for staff to finalize and distribute the feasibility studies. Commissioner Hoshal seconded the motion. The motion carries with seven votes in favor [Cities of Minnetonka and Robbinsdale absent from vote]. C. Minneapolis Park and Recreation Board Plans for the Beach at Twin Lake. Ms. Weber said that the MPRB is working with the Conservation Corps on invasive species removal along the banks on Twin Lake and that work will begin in mid-July. She said that some erosion controls such as bio -logs have already been installed. Ms. Weber said that the MPRB is also looking at emergency access route stabilization and is looking to secure the funding source for that work. She said that she believes the Conservation Corps will be hand -pulling the smaller plants and cutting and treating the larger. Chair Loomis said that at a previous meeting there were some concerns raised by a resident regarding the installation of erosion control measures on the banks. Ms. Weber said that she did inspect the control measures and that although the stakes were installed in the middle of the logs instead of at the ends she believed that the measures were installed appropriately. Ms. Clancy said that the MPRB did speak with the City of Golden Valley about the erosion control permits and that the MPRB was not required to have an erosion control permit and thanked Ms. Weber for going out and inspecting the erosion control measures on the site. [Acting Commissioner Sarvi departs the meeting.] 7. OLD BUSINESS A. Approve BCWMC's 2012 Operating Budget/ Direct Distribution. Administrator Nash explained that the most recent revision of the budget was distributed today and that the change to the levy that was just discussed today by the Commission would need to be reflected in the budget sheet in the information table on the budget. Administrator Nash said that he would finalize the budget and levy 9 Page 57 BCWMC June 16, 2011, Meeting Minutes descriptive document to match the revised operating budget and would get it to Chair Loomis for signature tomorrow. Commissioner Hoshal moved to approve the budget as presented. Commissioner Langsdorf seconded the motion. The motion carried with rive votes in favor [City of Crystal, City of Golden Valley, City of Medicine Lake, City of Minneapolis, and City of St. Louis Park], one city against [City of Plymouth], and three cities absent [City of Minnetonka, City of New Hope, and City of Robbinsdale]. B. TAC Recommendations i. Electronic Data Collection of Surface Water Elevations. Administrator Nash summarized the TAC's discussion and said that the TAC would like staff to come back to a future TAC meeting with information on the uses of the data and suggestions as well as more details on how cities could act as partners to conduct some of the visual readings when they are out there on inspections. Commissioner Hoshal asked if the Commission could encourage lake associations to get involved with the data reading. Administrator Nash said that would be great as long as it could be done on a consistent basis and if he or anyone else knows of a group willing to do this then it could be set up. He said that another idea the TAC discussed is trying out the transducer technology on a couple of lakes in the watershed. Commissioner Black asked if the TAC is looking at getting more information about the use of the data before looking into buying transducers. Administrator Nash said that the TAC's questions would be answered to the TAC's satisfaction before any new equipment would be purchased or before modifying the monitoring program for 2012. Chair Loomis asked if this data would be useful for the proposed new XP-SWMM model. Ms. Chandler said that even the bi-weekly data would be helpful with the model and there would be better numbers using a transducer but the costs and benefits would need to be weighed. Commissioner Black moved that staff move forward and look into details of purchasing and installing one or two of the transducers. Commissioner de Lambert seconded the motion. The motion carried with six votes in favor [Cities of Minnetonka, New Hope, and Robbinsdale absent from vote]. The Commission clarified that Administrator Nash would prepare the information for the TAC and that he could utilize the Commission Engineer at his discretion. Ms. Clancy added that the City of Golden Valley has a transducer installed on Bassett Creek and there may be some valuable lessons that could be shared. Commissioner Black said that it seems like it could be a direction to staff to look into partnering with the cities if they have someone available and to see if lake associations have volunteers interested in doing this type of data collection. Ms. Chandler commented that the TAC was also looking for general information on uses of the water level data and whether there would be a benefit to collecting the data one way or the other - manually or electronically. Ms. Clancy mentioned that the City of Golden Valley has a transducer installed on Bassett Creek that is monitored by its SCADA system. She said that she wanted the Commission to know that the City is already collecting water level data electronically and that there are some valuable lessons that could be shared. ii. BWMC and Member City Permit Review Procedures. Administrator Nash said that in light of the Commission's role as a categorical wasteload allocator Commissioner Welch suggested a possible new Commission policy that would trigger a review of smaller projects compared to the size of projects that currently are reviewed under BCWMC requirements. Ms. Chandler said that the TAC discussed decreasing the trigger for the erosion and sediment control review from the current trigger of 200 cubic yards to 50 cubic yards, as suggested by Commissioner Welch, or a 5,000 square foot land disturbance trigger instead of the Commission's current trigger of 10,000 square feet. She explained that the trigger would result in a review of water quality impacts of projects. Ms. Chandler said that the Commission's current triggers for its Level I treatment is a 0.5 -acre development or a five -acre redevelopment for commercial and that the triggers are even larger for 10 Page 58 BCWMC June 16, 2011, Meeting Minutes residential development and redevelopment. Ms. Chandler said the TAC raised concerns that smaller triggers would lead to a large number of smaller Best Management Practices (BMPs) and the TAC was concerned about maintaining those small BMPS and getting enough bang for the buck in terms of getting the benefit compared to the work required by city staffs. She said that the TAC discussed an alternative to doing BMPs on these really small projects that would include doing regional BMPs to capture these smaller projects not captured in permitting. She said that another possibility discussed was that instead of such a dramatic decrease in the trigger points that perhaps a redevelopment trigger of one acre could be discussed. Ms. Chandler said that the TAC discussed the different cities' triggers and the TAC thought that it might be valuable for the Commission to see that information. Ms. Chandler said the TAC also discussed the draft NPDES permit that was released two days before the TAC meeting. She said that the TAC voiced a lot of concerns about whether there would be enough requirements in the permit that the Commission shouldn't be requiring any more. She said that the TAC recommended: • That the Commission consider a one -acre or greater trigger for the Commission review of redevelopment projects; • That the Administrator compare the member -city triggers and report the information to the Commission at a future meeting; Mr. Asche said that the difficulties caused by setting the triggers too small are that there would be more reviews, more inspections, more agreements, and more follow-up. He said the TAC discussed the one -acre trigger due to the draft MS -4 permit but he said that the draft could change. Mr. Byrne commented that he thinks that Mr. Asche brought up to the TAC the idea of a one -acre trigger in order to address the Commission's concerns. Mr. Byrne said he didn't think that Mr. Asche was advocating a one -acre trigger. Mr. Byrne said that he recommends no change to the Commission's trigger. He said that there has been a question of whether the categorical wasteload allocator role means that the Commission would be on the hook with the MPCA for compliance and that he asked Mike Trojan of the MPCA this morning about how the MPCA will deal with categorical TMDLs. Mr. Byrne said that Mr. Trojan said that all of the responsibility will be on the individual MS4s. Mr. Byrne explained that the implementation plan is agreed upon in the TMDLs and the primary implementer will have in the implementation plan some sort of allocation of who does what. He said that the individual MS4s would have some idea of who will be responsible for what. Mr. Byrne said it is not the same as the old method where each MS4 has a wasteload allocated to them, He said now each MS4 has a job allocated to them. Mr. Byrne said that the MS4s need to document in their annual report their progress toward their job. iii. Water Quality Trading and Banking Programs. Administrator Nash said that the Commission Engineer noted that the Commission's current policies for water quality treatment and nondegradation allow increases in nutrient loading for new projects and for linear projects. He said that the TAC discussed whether the Commission would want to consider infiltration trading, meaning that if a permittee installs more stormwater infiltration than is required by the Commission's rules, the permittee could bank it or even sell it in the future. Ms. Chandler said that additionally there is another route that a couple of other watersheds have taken, which is that permittes who can't provide the necessary infiltration in their projects put money into a fund that pays for the watershed to construct a BMP project in an appropriate location. She said that TAC like the idea but didn't reach a decision to encourage the Commission to adopt the "no phosphorous loading" for all projects policy that the Commission and TAC had been discussing. 11 Page 59 BCWMC June 16, 2011, Meeting Minutes Chair Loomis said that Mn/DOT was given its own load allocation in the Sweeney Lake TMDL and that she isn't sure how Mn/DOT would meet its allocation if there isn't something like the banking program in place. Commissioner Black said that the program sounds interesting but it needs to be fleshed out. She said that there would be costs involved to keep it updated and to monitor it so a cost estimate would be a necessary piece. Chair Loomis said that maybe the Commission could get information from Ramsey - Washington and Nine Mile Creek on how they are the dealing with the costs of monitoring the program. Commissioner Hoshal asked if there are any third -parties handling such programs. Ms. Chandler said that there is a group that has a water -quality trading concept being set up in the Sauk River Watershed and in the Minnesota River Watershed. Chair Loomis said the Commission directs staff to gather more information and to keep TAC apprised. Ms. Chandler said that this is a big issue and it would be helpful if the Commission would identify a specific question or topic. Chair Loomis said that there is a gap in the Commission's policy for redevelopment and linear projects and that the Commission would like the TAC to address whether the Commission should look into changing its policy or whether the policy is fine the way it is. She said additionally the Commission is looking for feedback on whether the Commission should include linear projects in its policies. Chair Loomis said that the Commission is looking for findings to support why or why not and for alternatives for handling the linear projects. Chair Loomis said that the Commission also is looking for more information on the banking concept. Commissioner Black asked Administrator Nash to e-mail out to the Commission the information that he had distributed to the TAC regarding the member -cities' triggers for permit reviews. iv. Discuss BCWMC's Annual CIP Review Timeline. Ms. Chandler said that the Commission Engineer recommends that the Commission conduct its annual CIP review earlier than its current annual review that occurs in January. She said that January starts to run up against timelines related to plan amendments and the annual tax levy request to the County. Ms. Chandler said the TAC was supportive of the idea of doing the review earlier since the cities do their planning earlier. She said the TAC recommended that the Commission conduct its annual CIP review in April. Ms. Chandler said the recommendation is that this year the Commission would adopt its CIP revisions for 2013 at the July BCWMC meeting and then starting next year the Commission would direct the TAC to conduct its review in April. She said that the CIP would be a five-year CIP that is reviewed each year. She said that this schedule would mean that in 2012 the Commission would adopt its CIP for 2014 — 2018. Ms. Chandler said that the recommended schedule would provide the Commission with more time to prepare its feasibility studies and handle permitting as necessary. Ms. Black said that if this is the Commission's policy then it should be added to the Commission's policy manual. v. BCWMC's Draft 2012 Budget. Administrator Nash said that the TAC discussed the draft 2012 operating budget. He said that the only item that came out of the discussion was the desire from the TAC to see the Commission's various funds spelled out differently in the financial report. He said that he is looking for ideas on better ways to display the financial information. Chair Loomis said perhaps the Commission needs to put on its agenda a topic on how to read the Commission's financial reports. Administrator Nash said that the Commission could put it on the agenda and could ask Deputy Treasurer to come and explain the reports to the Commission. Chair Loomis said perhaps she and the Administrator should set up some time during one of the Commission's upcoming meetings to have Sue Virnig to come and explain the financial reports. 8. COMMUNICATIONS Page 60 12 BCWMC June 16, 2011, Meeting Minutes Chair: 1. Chair Loomis reported that she had received a newsletter from Wenck regarding mussel habitat and wondered if in the future the Commission would want to start considering improving mussel habitat as part of its stream restoration projects. 2. Chair Loomis said that there was a Sun -Post article about the plantings at Meadowbrook Elementary and that the BCWMC was mentioned regarding its involvement through the Commission's education grant program. 3. Chair Loomis stated that she received a request from a resident in Golden Valley for the Commission to ask the contractor who does the lawn service for the Hidden Lakes Homeowners Association for a list of the chemicals that the contractor uses on the lawns. She said that she isn't sure which chemicals the resident has concerns about since there is a state-wide ban on phosphorus. Commissioner Black said it is actually a restriction and Chair Loomis said yes, but contractors aren't allowed to use phosphorus on established lawn and the lawn in the Hidden Lakes area is established. Chair Loomis said that if the Commission was interested in making that request she would put it forward. No one indicated any interest. 4. Chair Loomis described a technology being investigated and soon to be tested by the City of Golden Valley in their environmental manholes. Administrator: 1. Administrator Nash announced that staff at Barr Engineering, himself, and Ron Leaf of SEH have worked with Brooke Asleson of the MPCA to provide the content for responses to comments on the Sweeney Lake TMDL. He said that those letters went out last week to the people who provided comments. He said that the final changes are being made to the Sweeney Lake TMDL and he asked Barr Engineering to review the final changes made by SEH. Administrator Nash said that all final revisions would be done by next Friday and that the MPCA would then send it to the U.S. Environmental Protection Agency. [Acting Commissioner Goddard departs the meeting.] Commissioners: 1. Commissioner Hoshal said that he attended the Bassett Creek Regional Trail open house put on by the Three Rivers Park District on June 14th. Committees: 1. Commissioner Langsdorf introduced Resolution 11-04 "A Resolution of Appreciation for the Services of Stuart Stockhaus" and Resolution 11-05 "A Resolution of Appreciation for the Services of Bonnie Harper -Lore." Chair Loomis moved to adopt Resolution 11-04 and Resolution 11-05. Commissioner Langsdorf seconded the motion. The motion carried with five votes in favor [Cities of Minneapolis, Minnetonka, New Hope, and Robbinsdale absent from vote]. 2. Commissioner Langsdorf said that the BCWMC's Education and Public Outreach Committee has submitted a memo to the Budget Committee for its consideration of the idea that the Administrator would provide assistance to the Education Committee. 3. Commissioner Langsdorf provided an update on the May 31St WMWA workshop. 4. Commissioner Langsdorf said that the Education Committee has developed an Education Plan for 2011-2015 that is ready for the Commission's review. The Commission directed the review of the 13 Page 61 BCWMC June 16, 2011, Meeting Minutes plan to be put on the Commission's July or August agenda. Counsel: No Communications. Engineer: 1. Ms. Chandler noted that the meeting packet contained a copy of a letter from the Commission Engineer to Andrea Weber of the Minneapolis Park and Recreation Board with comments on the proposed design for the modification of the control structure for the Wirth Lake Water Quality Pond. 9. INFORMATION ONLY Bassett Creek Erosion Control Inspections, June 1— 4, 2011 10. ADJOURNMENT Chair Loomis adjourned the meeting at 2:56 p.m. Linda Loomis, Chair Date Amy Herbert, Recorder Date Jim de Lambert, Secretary Date Page 62 14 Table 12.2 Water Quality Management and Flood Control 10 -Year Capital Improvements Program Notes• 1. Ca ital Cost does not include land acquisition costs. but does include legal. administration, and 25% additional for contingencies. 2. Constructed by City. 3. Periodicallycompleted by City. 4. This project includes dredging of accumulated sediment and was completed in 2006. 5. Mn/DOT sound wall construction in New Hope vAl require relocation and resizing of storm sewer in this watershed. 6. Treatment completed by the Cityof Plymouth in 2005, 2006, and 2008. 7. Completed in 2006. 8. Project authorised in 2006. Issues regarding participation by MODOT and future maintenance have delayed construction, no current schedule. 9. Project authorised in 2006. Issues regarding site contamination and right-of-way have delayed conaWction, no cuuent schedule. 10.Project completed in 2008. 11. The Cityof New Hope constructed NB -35A, B, C but not to the same degree as proposed in the take and watershed management plan. NB -29 A and 0 have not been constructed. These improvements will need to be reevaluated as part of the feasibility study. Costs shown are for NB -29A and 8 only. Costs will be added to the CIP to upgrade these ponds if the feasibility study indicates that they should be upgraded. 12. The City of New Hope constructed NB -28A and B. NB -36A, NB -37A and 1,18-38A were completed in 2008. 13. This project was completed as part of he Boone Ave and Brookview Golf Course improvement projects in 2004. 14. Project approved for construction in 2006, to be completed as part of street repaving project- 15. roject15. Minor Plan Amendment approved April 2007. Project to be completed in 2010. 16. Minor Plan Amendment approved September 2007. Project completed in 2009. 17. Minor Plan Amendment approved August 2007. Project completed in 2008. 78. Not feasible par city of Minnetonka in 2008. 19. Minor Plen Amendmentapproved June 2009. Project PC -1 to be completed in 2011. 20. Minor Plan Amendment approved June 2009. 21. Project construction proposed to start in 2011 using CIP reserve funds. Page 63 P.wphl9 hIN12T92A51\WmFF°azCIRCIPTaw c 12-Au°wl2 Attffi Capital Cost A (Actual Project (Cost) rear Water Quality Improvement E (Estimated Project Cost 2010 2011 2012 2013 2014 2015 2016 2017 2018 MedicinelakeF -- - Cms1u1 cog adndion pad frc subxAaYwa ML -1a [LC9ie1 (tips ,a hl Medan lakepan) $0 ML Gorcalnadugzhy75Y,(Ope 7W -23 r.!esa�tnxaPlan? Renwle lbrs horn sabxara,sbetl aC9a m e Iagerwal dele,e'on poM rorec92 (Op1'v, gain ML -3, ML -4 M�„a lake Ren>saredamPdao,.a,.ealm A $893,000 M�tine lain Eant 0eaM wH ONwam pad In Or 11 in hlema,e lnYn (OPlvn Ran? a dredpi,g H eoartnulated aaduret CmslRgw4aKeNion padrnaubxP.aN,etlz aL_ ,a aidsce°a(opoo ML -5° WnNrsmw LaknPlan)&)sareagir,g ora�pmdatm neaaa,rn $0 comuva wet anamim Dom Fpr s°bxatwdea ML -8 eC9aa2(Opo"on eN Rfedcre lnka Ran] E $14,000 $14,000 ML -7° InaskeNemixe rrealmw (ogim fa:, MQQdne lake Plan) A $732,000 ML -8 lskaaax Part Pad $196,000 ML-11take Mada,a Paa:PwM E $1,100,000 _ PC -1 lull, AwanaemMedsYlaka E $965,000 $902,462 PC -2 aD„awa,a,axa7mawenua E $559.000 $105,000 $454,000 PL -81a CMabatmmrd bavnin PL-A13,mr C'ude Pert(fircn are CLyMPIp 1ln RrRan !�;ar ,�4DnPHn E $73,000 Wirth Lake'„ WTH-1]__ Dreag. subvffiershed FRE a N.erAionpma.. 0' 2inWaN take Ran A $69,000 WTH-2° Rg'n/5sada+empuN (ope'meinwaNlnke E $215,000 WiH-3° Inaaka acorn uaam,wa (opus, t mwon,vka plan E $59,000 RsreN backEaw { W °N lnFn WTH-4 .- I.pl-c relDt lmdamenlawn Re) $780;000 $180,000 W -1D PDM�rewim(oDeptNTw nnPa? E 182,000 Westme'd=Lake 9$174.000 WBT-7 t0 Flea henna aaewoNaw,wnim!aw+ylODtionl in\vastwmalake Rent A Bassett Creek Park Pond Nprasaa Tabic 2 Pp1eNb1 hAwe walerqueay prtyxia NctlhkvoodLake -= _ - - ,,,. a - _._ - • -'�i� l... _s -.. .. _....._�t.Z ,i1.r,�i;n ..-,ey -_�-; NL -1 t1 Odbn 4in N Dpd lske Ran)xx-fix E $595,000 $595,000 NL -2 Dredge paM NB -0] (ODtian 2'n N W rxmd Lata Ran) E $943,000 $943,000 NL -3 HmmypD�atekeaenalumaaxarlOD�ein E $59,000 $59.000 coraWci PO N�ND3]An-and NLA" N0-29Aa(Op Sm NrcNwppolnYnPlan) A $153,000 NL -7 ce-Poaaedieranttoareek E $139,000 Bassett Creek Main swan BC-113Pcolanl�(odlDn aro easaaacrea,rraT $0 UFFUTITRundary to Regent Ave 3°E $638,000 $34,800 $801,200 Wisconsin Ave to Crystal Boundary c°d r"1a`alion E $580,000 $290,000 $290,000 BC3, BC5, BC7 E 1,300,000 $15,800 $984,200 $300,000 BC2, BC4, BC8 E 1,000,000 $15,800 $984,200 Irving Avenue to Golden Valley Road - clww,d i�romur E $856;000 $856,000 Swoeney Lake Branch ou awn on to Turners Crossing n cbB A $386,000 North 36th Ave to Bassett cl,e„nal,�o,amn Creek Park 21 E $835,000 $600,000 $235,000 Grimes, North, & South Wee Ponds - GR -2E eM Grimes PDMa Ren $104,000 $104,000 Cmne Lake CL -1E rens ukaPun) $118,000 CL -2 dayt�awalDaaanomPaaa /ns set So Ttnrtlalake Nure Lost Lake=- Prepmad c . -__ ;:_ „ , ,.r;,;777 Noi,e Pmppaea Capital Cost 2070 1 2011 2072 1 2013 2074 2075 2016 2017 2018 MNUAtasRM COS $937,262 $7,491,200 $1,581,000 M.lb4,800 $1,000,000 $984;200 $1,000,000 $454,000 $177,000 Notes• 1. Ca ital Cost does not include land acquisition costs. but does include legal. administration, and 25% additional for contingencies. 2. Constructed by City. 3. Periodicallycompleted by City. 4. This project includes dredging of accumulated sediment and was completed in 2006. 5. Mn/DOT sound wall construction in New Hope vAl require relocation and resizing of storm sewer in this watershed. 6. Treatment completed by the Cityof Plymouth in 2005, 2006, and 2008. 7. Completed in 2006. 8. Project authorised in 2006. Issues regarding participation by MODOT and future maintenance have delayed construction, no current schedule. 9. Project authorised in 2006. Issues regarding site contamination and right-of-way have delayed conaWction, no cuuent schedule. 10.Project completed in 2008. 11. The Cityof New Hope constructed NB -35A, B, C but not to the same degree as proposed in the take and watershed management plan. NB -29 A and 0 have not been constructed. These improvements will need to be reevaluated as part of the feasibility study. Costs shown are for NB -29A and 8 only. Costs will be added to the CIP to upgrade these ponds if the feasibility study indicates that they should be upgraded. 12. The City of New Hope constructed NB -28A and B. NB -36A, NB -37A and 1,18-38A were completed in 2008. 13. This project was completed as part of he Boone Ave and Brookview Golf Course improvement projects in 2004. 14. Project approved for construction in 2006, to be completed as part of street repaving project- 15. roject15. Minor Plan Amendment approved April 2007. Project to be completed in 2010. 16. Minor Plan Amendment approved September 2007. Project completed in 2009. 17. Minor Plan Amendment approved August 2007. Project completed in 2008. 78. Not feasible par city of Minnetonka in 2008. 19. Minor Plen Amendmentapproved June 2009. Project PC -1 to be completed in 2011. 20. Minor Plan Amendment approved June 2009. 21. Project construction proposed to start in 2011 using CIP reserve funds. Page 63 P.wphl9 hIN12T92A51\WmFF°azCIRCIPTaw c 12-Au°wl2 Attffi 12.6.4. 2011 Major Plan Amendments In August and September 2011, BWSR approved and the BCWMC adopted, respectively, a major plan amendment to add the following projects to the BCWMC's 10 -year CII' (Table 12-2): the Main Stem of Bassett Creek from Irving Avenue North to Golden Valley Road Restoration Project (2012), the Wirth Lake Outlet Modification Project (2012), and the Lakeview Park Water Quality Pond (2013). Main Stem Bassett Creek Channel Restoration Project Description The channel restoration project for the Main Stem of Branch Bassett Creek from Irving Avenue North to Golden Valley Road extends for approximately 2.5 miles in the cities of Minneapolis and Golden Valley. This reach flows through the Theodore Wirth Regional Park and Theodore Wirth Golf Course. The stream is relatively shallow in most places except for occasional deep pools. The riparian vegetation is a mixture of native and non-native trees and shrubs. This reach of Bassett Creek has numerous problem areas, as identified in the Minneapolis Park & Recreation Board (MPRB) Erosion Site Survey. The problems identified included degraded vegetative diversity and invasive species, steeply incised banks, areas of active bank erosion, and deposition of sediments. The Feasibility Report for the 2012 Bassett Creek Main Stem Restoration Project has confirmed problems identified by the MPRB, identified new problem areas, defined the restoration work needed at each site and the corresponding costs, identified and delineated wetlands, and scoped the existence of soil contamination and archaeological sites in preparation for construction and permitting. The Bassett Creek Main Stem channel restoration project added to the CIP will consist of a variety of erosion control measures including: • Rock vanes to direct flow away from eroding stream banks • Check dams to prevent erosion of the stream bottom • Armoring the banks • Redirecting runoff that is contributing to slope failures • Regrading, stabilizing and revegetating slopes and shoreline This project is on the BCWMC CII' for 2012 with an estimated cost of $856,000. Wirth Lake Outlet Modification Project Description The Implementation Plan for the Wirth Lake TMDL includes modifying the Wirth Lake outlet structure to prevent the flow of water from the creek to the lake during high-water flood periods. Based on analysis of historic data, the modification of the Wirth Lake outlet will be required to achieve the annual load Bassett Creek Watershed Management Commission Watershed Management Plan September 2004 P:\Mpls\23 MN\27\2327051\WorkFilesVAajor Plan Amendments\2011 Amendment\2011 Plan Ammendment - plan text revised.doc Page 12-30 Page 64 reductions prescribed in the TMDL allocations. The modifications would include replacing the existing bulkhead, or stationary head wall, with a new bulkhead with openings for two 24 inch diameter rubber check valves which would be installed with bolt on flanges. The two proposed valves would slightly exceed the existing cross-sectional area for flow and would maintain the existing outflow capacity while preventing water from the creek from entering the lake during flood flows. A slanted "self cleaning" inlet grate will be installed that is designed to maintain the normal water level of Wirth Lake. The total preliminary estimate of capital construction cost to modify the Wirth Lake outlet and install check valves is $180,000 including permitting and administration. BWSR has awarded this project a grant for $75,000. This grant funding must be spent within two years. This project is on the BCWMC CIP for 2012 with an estimated cost of $180,000. Lakeview Park Water Quality Pond Project Description The Lakeview Park Water Quality Pond will be located in Lakeview Park in western Golden Valley, northwest of the intersection of Winsdale Street and Gettysburg Avenue. It will receive part of the runoff from a 160 -acre watershed that drains to Medicine Lake. A portion of the runoff in the watershed is treated in a pond in East Medicine Lake Park that was constructed cooperatively by the City of Plymouth and the BCWMC in 2005. The construction of Lakeview Park Pond will improve the TSS and nutrient removal capabilities of the East Medicine Lake Park Pond. This project is on the BCWMC CIP for 2013 with an estimated cost of $196,000. Bassett Creek Watershed Management Commission Watershed Management Plan September 2004 P:\Mpls\23 MN\27\2327051\WorkFiles\Major Plan Amendments\2011 Amendment\2011 Plan Ammendment - plan text revised.doc Page 12-30 Page 65