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Home My WebLink AboutCouncil Information Memorandum 08-07-2009CITY OF PLYMOUTH rp) COUNCIL INFO MEMO August 8, 2009 UPCOMING MEETINGS AND EVENTS Environmental Quality Committee Agenda August 12, 2009..............................................................Page 1 Bass Lake Park/Playfield Area Public Meeting Wednesday, August 19, 2009 ..................................... Page 2 Planning Commission Agenda Wednesday, August 19, 2009.............................................................. Page 4 CONECT breakfast Plymouth Creek Center September 1, 2009 ......................................................... Page 5 August, September, October 2009 Official City Meeting Calendars .................................................. Page 6 Tentative List of Agenda Items for Future City Council Meetings ..................................................... Page 9 INFORMATION News Articles, Releases, Publications, Etc ... St. Francis Considers Selling Parkland, Article, Star & Tribune........................................................ Page 10 Ehlers Market Commentary, The Bond Market.................................................................................. Page 12 Residents Thank Pete Moen & Street Team....................................................................................... Page 13 Plymouth Employees Make "Banner Day" Possible for Grandparents .............................................. Page 14 MEETING MINUTES Approved Minutes Planning Commission July 22, 2009...................................................................Page 15 STAFF REPORTS Bassett Creek Watershed Management Commission Plan............................................................... Page 31 CORRESPONDENCE Letter Northwest Suburbs Cable Communications Commission...................................................... Page 32 Letter from Plymouth Civic League................................................................................................... Page 33 Letter from Hennepin County Human Services................................................................................. Page 34 Iowa Telecommunications Purchase................................................................................................... Page 35 Preliminary Plat for Eichi, Inc............................................................................................................ Page 37 Interim Use Permit for Three Rivers Park District............................................................................. Page 38 Conditional Use Permit for Stone Source........................................................................................... Page 39 Variance for Skyline Design............................................................................................................... Page 40 Memorandum of Understanding Minnehaha Creek Watershed District ............................................. Page 41 ENVIRONMENTAL QUALITY COMMITTEE AGENDA August 12, 2009 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 any item not contained in the regular agenda. .4 maximum of 15 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 will not normally take official action on items added to the agenda. 4. 7:25 P.M. PUBLIC INFORMATION ANNOUNCEMENTS 5. 7:30 P.M. CONSENT AGENDA* A. Approve the June 10, 2009, Environmental Quality Committee Meeting Minutes 6. 7:35 P.M. PUBLIC HEARING 7. 7:35 P.M. GENERAL BUSINESS A. Receive presentation on current Capital Improvement Projects (CIP) 8. REPORTS AND STAFF RECOMMENDATIONS 9. FUTURE MEETINGS— September 12, 2009 10. 8:00 P.M. ADJOURNMENT C\ Documants and Settings\kolsonLLoul Servings\Temporary lntemet Files\Content OutlooldFlL19054WH 120.doc ( 1) ® Residents of Bass Lake Playfield Area CITYOF FLYM01 !TH- ADDING QUAL Tl TO11FL INCREASING THE QUALITY OF LIFE IN YOUR NEIGHBORHOOD PARK/PLAYFIELD f t � ®�� Concerned residents of the Bass Lake Park/Playfield Area are invited to a Public Meeting with representatives of both the Police & Park Departments on Wednesday, August 19th at the Plymouth Creek Center, 14800 34th Ave- nue, at 7 p.m. Everyone is encouraged to bring their ideas and concerns to this meeting. Through the exchange of ideas and information, we will dis- cuss all issues and develop a plan to add quality of life to this neighborhood park/playfield and surrounding area. Questions before the meeting? Please call Captain Craig Lindman at 763.509.5190 or email at clindman@ci.plymouth.mn.us ® City of 1400 Plymouth Boulerud Plymouth Plymouth, hQ 55447-1452 Phone: 763-509S160 Pac 763-509-5167 Web: N"rnv.dplymouth.mn.us Adding Quality to Life (Z) ® Residents of Bass Lake Playfield Area INCREASING THE QUALITY OF LIFE IN I `FOUR NEIGHBORHOOD PARK/PLAYFIELD en, }-} 8.4 'Y.09 - 7 P.m. 1 PL'INIOU T H CREEK CENTER • WELCOME- POLICE CHIEF MIKE GOLDSTEIN • POLICE PRESENTATION (INVESTIGATIONS, STATS, AND CRIME PREVENTION TIPS) • PARK/ & REC PRESENTATION s Q, & A CITY OF PLYMOUTH -ADDING QUALITY TO LIFE (3) PLANNING COMMISSION AGENDA WEDNESDAY, AUGUST 19, 2009 WHERE: CITY 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 Planning Commission and will be enacted by one motion. There will be no separate discussion of these items unless a Commissioner, citizen or petitioner so requests, in which event the item will be removed from the consent agenda and considered in normal sequence on the agenda. 1. CALL TO ORDER - 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. PUBLIC FORUM 4. APPROVAL OF AGENDA 5. CONSENT AGENDA* A. Approve the August 5, 2009 Planning Commission Meeting Minutes. 6. PUBLIC HEARINGS A. Three Rivers Park District. Interim use permit to allow grading/ excavation operations for construction of the segment of Medicine Lake Regional Trail lying north of County Road 47. (2009039) B. Stone Source. Conditional use permit to allow retail sales accessory to a wholesale showroom. (2009040) C. Martin Harstad. Preliminary plat for "Kingsview Heights 5'h Addition" for one single family home. (2009034) 7. NEW BUSINESS 8. ADJOURNMENT ( 4 ) Please join us for the first-ever C®NEW breakfast! Discover how struggling families are connecting to community resources. Celebrate the partnerships that make CONECT strong, Thursriav_ Spnt, t 7:3o-8:45 a.m. Plymouth Creek Center 14800 - 34th Avenue North, Plymouth Registration required. The breakfast is free, thanks to the generosity of the Plymouth Cions Club. Donations to enhance our CONECT program will be encouraged_ PleaseRSVPto Cate Fossingat 952-288-2585 orcfossing*ocp.org. 'CONECT provides on-site services for youth, adults. and famAiesin 8 Plymouth apartment neighbodhooids. ( 5 ) rp) City of Plymouth Adding Quality to Life August 2009 (6) 1 2 3 42:30-5:00 5 6 7 8 PM 7:00 PM NIGHT TO UNITE PLANNING Kick -Off COMMISSION Station III MEETING Council Chambers 6:30-9:30 PM NIGHT TO UNITE 9 10 11 5:30 PM 127;00 13Cancelled 14 15 SPECIAL COUNCIL PM MEETING ENVIRONMENTAL PARK Et REC Medicine Lake Room QUALITY ADVISORY COM - Budget Study Session COMMITTEE MISSION PRAC) (EQC) MEETING MEETING 7:00 PM Council Chambers Council Chambers REGULAR COUNCIL MEETING Council Chambers 16 17 18 197:00 PM 20 21 22 PLANNING COMMISSION MEETING Council Chambers 255:00 PM 2§iLyMOUTH 277:00 28 29 SPECIAL COUNCIL PM MEETING ADVISORY HRA MEETING Medicine Lake Roam COMMITTEE ON Medicine Lake Room /30 V31 Budget Study Session TRANSIT (PACT) CANCELLED 7:00 PM MEETING EGULAR COUNCIL CANCELLED MEETING Council Chambers Modified an 07/31/09 (6) City of Plymouth Adding Quality to Life September 2009 Modified on 07131109 (7) 1 2 3 4 5 5:00 PM 7:00 PM 7:00 PM SPECIAL COUNCIL PLANNING HUMAN RIGHTS MEETING COMMISSION COMMISSION Medicine Lake Room MEETING MEETING Budget Study Session Council Chambers Parkers Lake Room 6:00 PM HRA Special Meeting Medicine Lake Room 6 7 jjj� 8 9 10 11 12 7:00 PM 7:00 PM 7:00 PM Autumn REGULAR COUNCIL ENVIRONMENTAL PARK R REC ADVI- Art Fair MEETING QUALITY SORY COMMISSION Parkers Lake LABOR DAY Council Chambers COMMITTEE (PRAC) MEETING (EQC) MEETING Plymouth CITY OFFICES Council Chambers Ice Center CLOSED 13 14 15 16 17 18 19 7:00 PM PLANNING COMMISSION MEETING Council Chambers ROSH HASHANAH Begins at Sunset 20 21 22 23 24 2S 26 7:00 PM 7:00 PM 7:00 PM REGULAR COUNCIL PLYMOUTH HRA MEETING 1:00 PM MEETING ADVISORY Medicine Lake Roam Plymouth On Council Chambers COMMIITEE ON Parade Celebration City Center Area TRANSIT (PACT) MEETING Medicine Lake Room A 27 28 29 30 YOM KIPPUR Begins at Sunset Modified on 07131109 (7) rp)City of Plymouth Adding Quality to Life October 2009 Modified on 07131109 (8) �" 2 3 7:00 PM PLANNING COMMISSION MEETING Council Chambers 4 5 6 8 10 6:30-8:30 PM ENVIRONMENTAL 7:00 PM Volunteer QUALITY PARK B: REC 12:00-4:00 PM Recognition Event COMMITTEE ADVISORY COM- Fire Dept. Plymouth Creek (EQC) MEETING MISSION (PRAC) Open House Center Council Chambers MEETING Fire Station III Plymouth Creek Center 11 12 13 14 15 16 17 7:00 PM REGULAR COUNCIL COLUMBUS DAY MEETING Observed Council Chambers PLYMOUTH PUBLIC WORKS DIVISION CLOSED 18 19 20 21 22 23 24 PLANNING 7:00 PM COMMISSION MEETING HRA MEETING Council Chambers Medicine Lake Room 7:00 PM PLYMOUTH ADVISORY COMMITTEE ON TRANSIT (PACT) MEETING Medicine Lake 25 26 27 28 29 30 31 7:OOPM REGULAR COUNCIL 5:30-8:30 PM MEETING Halloween on Council Chambers the Creek Plymouth Creek Center Modified on 07131109 (8) Tentative Schedule for City Council Agenda Items August 25, Special, 5:00 p.m., Medicine Lake Room • Discuss 2010/2011 Budget August 25, Regular, 7:00 p.m., Council Chambers • Ap�rove a variance to allow a six-foot side yard setback for a garage addition at 9710 28` Avenue N. Speed Square Construction Inc. (2009033) • Approve a variance to allow 55 percent impervious surface coverage for a room addition at 1161 Black Oaks Lane. Skyline Design. (200903 8) • Approve an interim use permit to allow grading/excavation operations for construction of the segment of Medicine Lake Regional Trail lying north of County Road 47. Three Rivers Park District. (2009039) • Approve a conditional use permit to allow retail sales accessory to a wholesale showroom for property located at 15831 State Highway 55. (2009040) • Presentation from the Plymouth Rotary Club regarding a Millennium Garden donation September 1, Special, 5:00 p.m., Medicine Lake Room • Discuss 2010/2011 Budget September 8, Regular, 7:00 p.m., Council Chambers • Adopt Preliminary Tax Levy • Violation of stipulation agreement for Linden Horse Farm located at 520 Queensland Lane North (continued from July 28) September 22, Regular, 7:00 p.m., Council Chambers October 13, Regular, 7:00 p.m., Council Chambers October 27, Regular, 7:00 p.m., Council Chambers November 10, Regular, 7:00 p.m., Council Chambers November 24, Regular, 7:00 p.m., Council Chambers (9) Note: Special Meeting topics have been set by Council; all other topics are tentative. St. Francis considers selling parkland StarTribune.com Pagel of 2 � Point your s mobile browser to http://startribune.com St. Francis Considers selling govemrnent budgets have become, the northern parkland Anoka County cit\ of St. Francis is debating whether to sell off some of its parks. "t i On Monday night. the City Council directed the town's parks commission and city attorney to .: look into selling some of the 83 acres of parkland in the city. Much of the land is in parcels Y interspersed in relatively new housing developments. • °�. y y Za While offering cautious support for the plan. ar ' - -' Mayor Jerry Tveit warned, "People are going to r think we're taking something away from them. We're not taking anything away Som them, we're reallocating for the greater good." rar, Renee Jones Schneider, Star Tribune Three-year-old Sophia Yaggy of Cambridge played on a slide at Deer Creek 2nd Park in St. Francis Monday. Her mother, Laura, occasionally brings Sophia and her sister Olivia to parks in St. Francis, particularly this one because it is "so nice, quiet and peaceful." The city is looking at moving acreage interspersed in new developments to cut costs, raise cash. By MARIA ELENA BACA, Star Tribune Last update: August 3, 2009 - 11:48 PM In a stark demonstration of how strained local Advertisement FI Officials in the exurban city said the city would benefit in three ways: Park maintenance costs would be reduced, the city would get a one-time revenue boost from the sale proceeds (which would go into a parks fund) and now tax-exempt parkland would become subject to property taxes once it's sold to a private developer. But such a move wouldn't come without controversy. Tamara Norton Berg, who lives across the street from Seelye Park, a one -acre parcel with a playground and sliding hill, said her family chose their lot because they knew a park was going in near it. Print Powered By i o L,. Dynamics. (10) http://www.startribune.com/local/north/52392757.html?elr=KArksLTUUU 8/5/2009 St. Francis considers selling parkland StarTribune,com She doesn't believe that cutting back on park space is the way to save money. "Don't take it away from the little kids, because they need it," she said. Growth, then cutbacks St. Francis' unusual move comes in the wake of cuts in state aid to local governments that are causing lots of cities to look for potential savings. If 2010 projections come to pass, St. Francis will have lost almost $433.923 in local eovemment aid since 2008. A few years of rapid growth in the late '90s and early 2000s netted the city new parkland when developers of new housing areas allocated land for green space. Developers also contribute to a dedicated park fund for structures and equipment, but money for mowing and maintenance comes out of the city's general fund. Some of the newer parks are in rural neighborhoods, where lots range in size from 2.5 to 10 acres. A pocket park in one of those neighborhoods might be used by only a dozen families, or not at all. If parkland is sold -- as whole parcels or as additions to adjoining property tracts -- proceeds would go into the city's parks allocation fund, officials said. The plan would save the city the cost of Advertisement 0 Page 2 of 2 - Point your - j mobilebrowscrto `. http://startribune.com maintaining the lost parks, said City Administrator Matt Hylen. "Yes, it's saving future money by not maintaining; yes, it's bringing in revenue because you're selling land to be developed, and yes, then it would go onto the property tax rolls." For the plan to take effect, the city would have to amend its comprehensive plan and many of its zoning ordinances, officials said. And City Attorney Scott Lepak warned that there may be significant legal barriers that could prevent the city from converting designated city parkland to private property. But with smaller, undeveloped parks, it's worth exploring, he said. Hylen said he views parks as an essential city service. But the City Council and parks commission must look into "what's best for St. Francis," he added. "Looking into the future and planning, do we need this many parks? Do we need this many acres of parks to fulfill this public need?" Maria Elena Baca • 612-673-4409 Print Powered By http://www. startribune.comllocal/north/52392757.html?elr=KArksUUUU o ; a Dynamics' ( 11 ) 8/5/2009 Ehlers Market Commentary August 3, 2009 The Bond Market — The New Normal? After the extreme turmoil that affected all of the world's financial markets beginning last year, the market for municipal bonds has been relatively stable for at least the last three months. One sign of this stability is that the Bond Buyer Index (average yield on high rated 20 year bonds) has remained in the narrow range of 4.68% to 4.86% since early June. The current level of 4.69% is just under the average for the last ten years (4.86%). During 2008, the index was very volatile, ranging from a low of 4.15% to a high of 6.04%. The ratio of municipal bond yields to comparable treasury yields — which reached unprecedented highs in late 2008 and early 2009 — has also returned to more normal and stable levels. For high rated 10 year bonds, the ratio has fluctuated between 80% and 90% since May. Things are definitely different from a year ago, but seem to have settled into a relatively stable pattern. We have summarized below some of the key changes and trends, most of which have been discussed in previous Ehlers Commentaries. • The volume of bonds issued is down, chiefly due to the recession. For example, the total dollar amount of bonds sold in July 2009 was 36% lower than in July 2008. • The yield curve remains very steep, with historically low yields on short-term bonds, but much higher yields on longer term bonds. (The attached sale summaries include sales of several "Aid Anticipation Certificates" for Minnesota school districts. These are short term notes issued for cash flow purposes, and some of the rates — as low as 0.68% - are the lowest in our memories.) • There is only one bond insurance company with AAA ratings from all three rating companies, and bond insurance is being purchased for very few issues. • Partly as a corollary to the last point, bond ratings and credit quality have a much greater impact on interest rates than in the past. "Credit spreads" (differences in rates based on bond ratings) are much larger than in the past. • Another corollary to the last two points is that municipalities are selling fewer revenue -backed bonds and a higher percentage of general obligation bonds backed by property taxes. Revenue bonds generally have lower ratings and present greater risk to investors. • "Retail buyers" (individuals and small companies) are much more important as purchasers of bonds than over the past 10 years. Many of the hedge funds and other large institutions which purchased the bulk of new bond issues over the past 10 years have either gone out of business or stopped buying municipal bonds. This recent stability is no guarantee that big changes are not just around the corner. We will keep you informed of market conditions in these regular updates. EHLERS LEADERS IN PUBLIC FINANCE www.ehlers-inc.com Offices in Minnesota (800)552-1171 Wisconsin (800) 717-9742 Illinois: (800) 417-1119 (12) Residents Thank Pete Moen & Street Team Page 1 of 1 Residents Thank Pete Moen & Street Team Tuesday, 23 June 2009 14:17 Team work between the Sewer and Water Division and the Streets Division resulted in two happy customers and a nice thank you letter to Mayor Kelli Slavik and Utilities Superintendent Scott Newberger. Plymouth residents William and Patricia Beissel wrote the mayor and Scott to praise the work of Utilities Lead Person Pete Moen and Street Workers Craig Bechthold, Mike Uecker and Jeremy Jensen. The Beissels were having a cement driveway replaced and wanted to include replacing the gutter, which was cracked and causing rainwater to back up in the street. The couple called Pete for advice. "Mr. Moen was extremely responsive to our request, as he came out to review our situation within a couple of days. He then made arrangements with the contractor ...and coordinated a crew to do the work required by the city on only a few days notice ... A street crew of Craig Bechthold, Mike Uecker and Jeremy Jensen did an outstanding job of digging up and removing the old gutter and prepping the area for the new in a quick and efficient manner. This quick response allowed our contractor to replace both the driveway and the gutter in one day. The street was then repaired with new blacktop in a timely manner." The Beissels concluded, "With professionals like these men working for the city, it's easy to see how Plymouth was named the best place to live." (13) http://thestreet.ci.plymouth.mn.us/index.php/news/80-residents-thank-pete-moen-a-street-te... 8/7/2009 Plymouth Employees Make "Banner Day" Possible for Grandparents Page 1 of 1 Plymouth Employees Make "Banner Day" Possible for Grandparents Written by Sheila Langer Monday, 03 August 2009 13:18 When proud grandparents Eunice Lerum and her husband were looking for the banner their granddaughter designed for Plymouth's banner contest they realized that they needed help. Lerum got out of her car behind City Hall to ask directions and Doran Cote brought her directly to Recreation Supervisor Karol Greupner who helped her locate her granddaughter's banner. The Lerums were impressed with the kindness they experienced. In a letter to City Manager Laurie Ahrens she wrote, "How fortunate you are to have people like this in your facility ... Not only did I locate the banner, but we have a photo with Grandpa and Grandma under it". (14) http://thestreet. ci.plymouth.mn.us/index.php?view=article&catid= l :latest-news&id=105:ply... 8/7/2009 Approved Minutes City of Plymouth Planning Commission Meeting July 22, 2009 MEMBERS PRESENT: Chair James Davis, Commissioners Dick Kobussen, Terry Jaffoni, Gordon Petrash, Scott Nelson, Erik Aamoth and Marc Anderson MEMBERS ABSENT: None STAFF PRESENT: Planning Manager Barbara Senness, Senior Planner Shawn Drill, City Engineer Bob Moberg, Office Support Representative Janice Bergstrom 1. CALL TO ORDER - 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. PUBLIC FORUM 4. APPROVAL OF AGENDA MOTION by Commissioner Kobussen, seconded by Commissioner Jaffoni, to approve the July 22, 2009 Planning Commission Agenda. Vote. 7 Ayes. MOTION approved. 5. CONSENT AGENDA A. APPROVAL OF THE JULY 8, 2009 PLANNING COMMISSION MINUTES MOTION by Commissioner Nelson, seconded by Commissioner Anderson, to approve the July 8, 2009 Planning Commission Minutes. Vote. 7 Ayes. MOTION approved. 6. PUBLIC HEARINGS A. GONYEA COMPANY (2009025) Chair Davis introduced the request by Gonyea Company for rezoning from FRD to RSF-3 and preliminary plat for "Spring Meadows," a 60 -unit single family detached home development located at 5505 Vicksburg Lane. Senior Planner Drill gave an overview of the staff report. Senior Planner Drill said a letter from John and Sue O'Donnell, who own two properties to the west of the proposed development, was received in support of the proposed development. Commissioner Anderson said there is undeveloped property to the north, west and south and Vicksburg Lane reconstruction has not begun. He asked if stubbing streets could be considered premature as it causes a 60 -lot cul-de-sac at this point. (15) Approved Planning Commission Minutes July 22, 2009 Page 2 Senior Planner Drill said this would not be considered premature because it is already in the urban service area. Senior Planner Drill said they are dedicating a right-of-way for the future expansion of Vicksburg Lane and water would be extended from south of the CP railroad to the Wood Crest development. Senior Planner Drill added that there would be an emergency access to Vicksburg Lane and the developer has approached the owner to the south to get easements, if necessary, for the roadway access. Planning Manager Senness cited the previously approved Taryn Hills and Seven Greens developments which were both affected by the future widening of Vicksburg Lane. Commissioner Anderson asked if the proposed turn lanes would be temporary or needed for the future. Senior Planner Drill stated that new turn lanes would be replaced when Vicksburg Lane is reconstructed. Commissioner Anderson asked why planning commissioners did not receive the Wetland Replacement Plan. Senior Planner Drill explained that the Wetland Replacement Plan is presented to the City Council for approval. He said approval of the preliminary plat is contingent upon approval of the wetland replacement plan. Commissioner Anderson discussed the storm sewer system with the post development runoff rate not to exceed pre -development rate. He asked about the post development volume of water run off compared to now. City Engineer Moberg said drainage calculations meeting City approval must be submitted before approval of a final plat. He said the City does have requirements in place regarding volume. Commissioner Anderson asked if the developer would be phasing this project. Senior Planner Drill said it would be done all at once. Commissioner Anderson referenced Condition 201 requiring the sanitary sewer depth to serve adjacent properties, and asked how the developer would know that without a development plan on those properties. City Engineer Moberg said the 2030 Sanitary Sewer System plan was adopted in the Comprehensive Plan. He identified the sewer shed area needing to be served by the single sewer line crossing Vicksburg Lane. City Engineer Moberg said it is unknown when the Hampton Hills property will be developed, but, from a staff perspective, we want to limit crossings of Vicksburg Lane, as it will be a major roadway. He said the sewer line will cross Vicksburg to (16) Approved Planning Commission Minutes July 22, 2009 Page 3 the Hampton Hills Golf Course, then flow north by gravity to Taryn Hills and ultimately to Maple Grove. City Engineer Moberg also stated the applicant had previously prepared a sketch plan of the adjacent properties and the sketch would be adequate to determine required sewer depths. Commissioner Anderson referenced Conditions 20. g. and h. encouraging infiltration and alternate landscape materials. He asked how that would be encouraged when there is no standard. City Engineer Moberg said those conditions were written in this fashion because on site soil conditions indicate there is limited opportunity to do infiltration, and the City does not want language mandating conditions which could create a hardship. Commissioner Anderson asked if construction may cause blockage to the currently flowing drain tile. City Engineer Moberg stated the drain tile line exists to serve an agricultural purpose, and because the property is converting from agricultural to residential, the need would cease. Commissioner Anderson said the City of Plymouth does not like lift stations and a private situation is proposed which would give the homeowner's association the responsibility to maintain. He questioned why this project is not considered premature with a risky lift station situation. City Engineer Moberg said that staff recognizes there can be issues with lift stations. He said the applicant is proposing to install a temporary lift station that will be removed when gravity sewer is extended through the Hampton Hills site. He also stated that City staff does not have an interest in maintaining the temporary lift station, and added that this is a similar situation to the Wood Crest development. Commissioner Anderson said the home size of $500-800,000 would be great for the tax base, and asked if there is any guarantee on the price of the homes. Planning Manager Senness stated that the price of homes is not a consideration that the Planning Commission or City Council look at. Commissioner Anderson said wetlands are not to be removed for home building, and questioned what is going on with wetland rules. City Engineer Moberg said the Wetland Conservation Act prefers avoidance of wetlands. Any time alteration of a wetland occurs, there is a sequencing process the applicant must follow for avoiding or mitigating wetland impacts. City Engineer Moberg said the existing wetlands are classified as low quality wetlands. (17) Approved Planning Commission Minutes July 22, 2009 Page 4 Commissioner Anderson asked if the trees removed would be salvaged for lumber rather than ground up. Senior Planner Drill said the City does not have a requirement for tree disposal. Commissioner Anderson asked what would be required in terms of the homeowner's association expertise to handle the responsibility for the lift station and the retention area. City Engineer Moberg said the homeowner's association would be required to enter into a maintenance agreement with the City acknowledging their responsibility to maintain the retention area; the homeowner's association may have to hire a service to ensure the retention basin is functioning properly. Regarding the lift station, the developer would be responsible for notifying the homeowner's association of its responsibility to maintain the lift station. Commissioner Anderson asked if any situations have fallen back on the City because a homeowner's association could not handle the responsibility. City Engineer Moberg responded there were none that he was aware of. Commissioner Anderson asked about the 300 -foot shoreland line, based on the new ordinance. Senior Planner Drill said four lots are in the shoreland district and would be subject to the 25% impervious surface regulation. Commissioner Anderson discussed tree removal and asked who determines the quality rating of trees to be removed. Commissioner Nelson said the Vicksburg Lane reconstruction is planned for four lanes in 2013 or depending on funding and traffic studies. He asked if there would be a cap on future development if the road does not have adequate capacity to handle additional traffic. City Engineer Moberg said the 2030 Comprehensive Plan includes a traffic forecast of 14-15,000 vehicles per day on Vicksburg Lane in this area. The additional traffic from this proposed development is not expected to create congestion on Vicksburg Lane. He said the long term plan is to have a bridge over the railroad tracks. Commissioner Nelson asked if there are mechanisms the City can utilize if the eventual development and traffic in this area became a concern. City Engineer Moberg said the inclusion of Vicksburg Lane improvements in the City's CIP is the best mechanism to address future traffic volumes in the area. Commissioner Kobussen asked how long the temporary lift station would be necessary. He asked if Wood Crest is responsible for their lift station. (18) Approved Planning Commission Minutes July 22, 2009 Page 5 Senior Planner Drill said the sewer would be brought in to go south and then north to Taryn Hills when the Hampton Hills site develops. City Engineer Moberg clarified the Wood Crest system pumps into Taryn Hills. He said the applicant proposes a temporary lift station that would not tie into the Wood Crest lift station, but would tie into the force main from Wood Crest and then go into Taryn Hills. Commissioner Kobussen questioned what would be done to preserve the ash trees remaining on site from the emerald ash borer. Commissioner Kobussen asked if retaining walls were on any easements or higher than 4 feet. Senior Planner Drill said the one necessary retaining wall is located in the northern area and is outside the drainage and utility easement. Commissioner Kobussen asked if Weston Lane ties into the emergency road and if there would be a turnaround for normal traffic. Senior Planner Drill said the road would be for emergency vehicles only. Senior Planner Drill said plans have not been finalized regarding a turnaround alternative to a temporary cul-de-sac. He said there has been discussion with the property owner to the south. Commissioner Kobussen asked if a sidewalk is needed if there is a path. Senior Planner Drill said a city trail is on the south side and a concrete sidewalk on the north side, and this would be a normal situation where a city trail exists. Commissioner Kobussen asked who would be responsible for the water main going in this proposed development. City Engineer Moberg said the installation of the trunk water main in Vicksburg Lane would be done as part of this project. He said the developer would install the water main and then could get reimbursed by the City for oversizing the pipe. Commissioner Petrash asked at what point in length a cul-de-sac is required to have a sidewalk. Senior Planner Drill said there is no minimum distance. He said eight years ago subdivision regulations did require a sidewalk on one side of the local street. Commissioner Petrash said this looks to be a very successful and a great development for the City and the builder. He asked if there are any restrictions on the time frame for completion. (19) Approved Planning Commission Minutes July 22, 2009 Page 6 City Engineer Moberg said time restrictions in the Development Contract pertain only to the installation of public infrastructure, not to how quickly development has to build out. Commissioner Petrash said the Wood Crest development has been referenced as a precedent. He questioned if one development is approved with variances and restrictions, then those restrictions get moved to another development with similar restrictions, and asked if this is developing a back door code. Senior Planner Drill clarified that no variances or exceptions were required with this proposal. Planning Manager Senness said in reference to the lift station, precedent is not an issue when you run out of additional capacity. She added that this is an interim situation. Commissioner Petrash asked if the Taylor site would need a temporary lift station. City Engineer Moberg said the gravity sewer installed in Wood Crest would not be capable_ of serving the Taylor site because it was designed to go a different direction. Senior Planner Drill clarified there is a waiver process the City could approve for sidewalks for short cul-de-sacs. He said this would be a final plat detail. Chair Davis introduced the applicant Dave Gonyea, 6102 Olson Memorial Hwy. Mr. Gonyea stated they do not want to be putting in lift stations. Mr. Gonyea said within 24 months they anticipate bringing the sewer to the site. He said you have to have road access to Hampton Hills, but it is unlikely that someone would buy 400 acres and develop all at once. His intent is to get rid of the lift station as soon as possible. Mr. Gonyea said they would be phasing all 59 lots for sale with 3-4 builders over a 3 -year period of time. He said the Wood Crest homes range from $550,00 to $600,000 with square feet of 2,200 to 3,000. Mr. Gonyea said the proposed development would be approximately 10% above those numbers. Chair Davis asked about tree quality, and the rating of very poor, Mr. Gonyea said the tree survey details trees. He said he would take the City Forester's recommendations for chipping or burning if they determine there is presence of emerald ash borer. Mr. Gonyea said there would be a two -tree minimum and anticipates reforesting with five trees which will be above tree requirement. Senior Planner Drill asked how removed trees would be recycled. Mr. Gonyea said lumber with value, such as oak, would be salvaged, and smaller diameter trees would get cut up for fire wood or wood chips. Commissioner Nelson asked how the lift station responsibility would be shared when there are only a few homeowners in the homeowner's association. (20) Approved Planning Commission Minutes July 22, 2009 Page 7 Mr. Gonyea said they would stay in control or until someone competent could take over. He said homeowner's association typically assume responsibility at 75% build out. Mr. Gonyea said they would be responsible for rain gardens and infiltration basins until turned over, at the City's direction. He added that the lift station would not be turned over entirely to the homeowner's association. Commissioner Jaffoni said the Taylor parcel is 30 acres plus the two 5 -acre parcels. She asked if one lot is not developed because of the access road, the number of lots would be 46, and 47 are required. Senior Planner Drill said this was a matter of doing the math differently and rounding numbers. Mr. Gonyea said the Taylor property is heavily wooded and to achieve the required density two homes per acre would impact less trees and keep more natural features. Commissioner Jaffoni discussed the southbound right turn lane, access to Vicksburg Lane and if there are plans for stop signs or signals. She asked if there is a need with 590 additional trips per day. City Engineer Moberg stated the development of this parcel would not warrant stop signs or a signal on Vicksburg Lane. He said he anticipates development of the Hampton Hills property would warrant a signal. City Engineer Moberg said the location of the proposed intersection fits well with the existing profile and the future profile for the railroad bridge. Commissioner Anderson said the designed lift station and force main would tie into another force main. He asked who would be responsible for the check valves. Mr. Gonyea said the developer would be responsible. City Engineer Moberg added that a condition in approving this preliminary plat is for the developer to determine which homeowner's association would be responsible for the force main once the two lines come together. Planning Manager Senness said that condition is in the resolution for this proposal. Commissioner Anderson asked who would be responsible when the check valve is stuck or damaged. Mr. Gonyea said the homeowner's association would be responsible, not the City. Commissioner Anderson said the Wetland Conservation Act seeks to avoid wetlands, but you are developing right through the wetland. He asked how you justify that. (21) Approved Planning Commission Minutes July 22, 2009 Page 8 Mr. Gonyea said the wetland is low quality, and it is a man-made ditch. He said the watershed people do not think it is a viable wetland and it is not salvageable. He said the total impact is 3,000 square feet. City Engineer Moberg said any wetland reconstruction is replaced at a 2:1 ratio under the Wetland Conservation Act, which can result in a better quality wetland. Commissioner Anderson asked if the plan is to make it a better quality wetland. Mr. Gonyea said the wetland would be considerably larger and higher quality. Commissioner Anderson asked who will pay for the traffic signal when future development occurs. City Engineer Moberg said the Hampton Hills site developer will be required to submit an Environmental Worksheet Assessment and traffic study. He said the amount of traffic generated from that site, with 500-550 residential units, indicates a need for a traffic signal at their access point. Payment for the traffic signal will be negotiated through the platting process and development contract. Commissioner Anderson asked about the drainage and runoff rate. He asked how the rate would remain the same but not the quantity. Bob Molstad, the developer's engineer, said the developer would be required to submit stormwater calculations that address rate and volume, filtration, additional storage and retention. He said quantity would be addressed, but there is no set rule. He said the rate has to be controlled and the infiltration areas will take care of some of that volume. Commissioner Kobussen asked about risk of flooding to the three homes built on the existing wetland. Mr. Gonyea explained that the overflow will run down to the west and then over to the creek. Commissioner Jaffoni asked how the developer would time the construction with different builders and asked about plans for controlling erosion. Mr. Gonyea said the building permit and die watershed permit would require an erosion control plan. City Engineer Moberg added that engineering staff inspect these sites weekly as grading activity occurs. He said the applicant is required to prepare a storm water pollution prevention plan for the site and identify all measures they use to prevent erosion on site. He said escrows and cash deposits for erosion control are in place with the Development Contract and with individual building permits. (22) Approved Planning Commission Minutes July 22, 2009 Page 9 Chair Davis opened the public hearing. Chair Davis introduced Tami Janousek, 5630 Dunkirk Lane N.. She said she and her husband, and the O'Donnell's support the project. Ms. Janousek asked if the sewer is of sufficient depth to service her property. Chair Davis introduced Mike Janousek, 5630 Dunkirk Lane N. He asked why the proposed development is in this location, which is a lower area. He asked why not start north on Vicksburg Lane. Chair Davis closed the public hearing City Engineer Moberg reviewed the sewer sub -district boundary and said the Janousek's property lies to the west of it. Their property would require an extension of the gravity sewer from the Elm Creek interceptor. He added that any sanitary sewer from the proposed development would not be in a situation to be providing service to the Janousek's in the future. Commissioner Anderson said he firmly believes some conditions need to be added to the resolution. He said this proposal is a viable plan, and being low in elevation is the right place to start. Commissioner Anderson said the temporary lift station is unfortunate, and he said he hopes there is enough teeth in the condition for the engineering and maintenance issues, and he said he feels these are solvable. Commissioner Anderson said he will support this plan. MOTION by Commissioner Anderson, seconded by Commissioner Jaffoni, to approve the request by Gonyea Company for rezoning from FRD to RSF-3 and preliminary plat for "Spring Meadows," a 60 -unit single family detached home development located at 5505 Vicksburg Lane. MOTION for a friendly amendment by Commissioner Anderson, to request that 1) the applicant supply evidence of an easement along the southerly property boundary for the emergency access road, 2) the homeowner's association show an expertise for maintaining the lift station with such costs included in the homeowner's association budget and communicated to future homeowners, and 3) the responsibility for the temporary lift station be turned over to the homeowner's association only upon City approval. Commissioner Anderson said the homeowner's association is getting a responsibility not typical and they should know about added costs and what they are getting into. Commissioner Anderson said the homeowner's association is typically turned over at 75% build out, and at that point the homeowner's association may not be ready to assume the responsibility. Commissioner Anderson said until that time the developer should maintain responsibility for the temporary lift station. Commissioner Anderson said the City will turn over the lift station knowing it will be set up correctly and the homeowner's association can handle that responsibility. (23) Approved Planning Commission Minutes July 22, 2009 Page 10 Commissioner Petrash asked what criteria the City would use to determine when the homeowner's association is ready to take over and does the City want to do that. City Engineer Moberg said attempting to make criteria for this situation should be discussed with the city attorney. City Engineer Moberg said he would review the declarations and covenants in place for the Wood Crest development. Commissioner Jaffoni asked if the Wood Crest homeowner's association knows there is going to be an increase in their costs and additional wear and tear on their pump. City Engineer Moberg said he is not certain there would be an increase in the cost of maintenance for the system in Wood Crest. He said he has asked the applicant for information on how the two systems will operate hydraulically to assure they won't interfere with each other's operations. Planning Manager Senness said staff will confer with the City Attorney regarding how much direction the City can give for the homeowner's association budget. Commissioner Petrash asked why this is different from Wood Crest. City Engineer Moberg explained that this development will piggy -back on the Wood Crest system. Wood Crest was a stand alone, single lift station, single force main for a single subdivision; that will now be compromised and needs to be worked out. Chair Davis asked what the implication would be if there were no lift station. City Engineer Moberg said there would be no development, or the applicant would need to provide gravity service to this site which means running the sanitary sewer through Hampton Hills - which means the developer is taking responsibility for property they have no control over. Commission Aamoth asked the applicant's comments on the conditions. Mr. Gonyea said this proposal is similar to Wood Crest and he is not looking to burden homeowners. He said if it went beyond five years he would agree to the language offered by Commissioner Anderson. Commissioner Anderson asked the developer if they would maintain the lift station for five years. Mr. Gonyea said hopefully the temporary lift station would be abandoned in three to five years. He agreed to the language for beyond five years. Commissioner Anderson reiterated that the developer is comfortable with not attempting to turn it over to homeowners for a five-year period. (24) Approved Planning Commission Minutes July 22, 2009 Page 11 Commissioner Petrash asked how homeowners in Wood Crest are informed of their responsibilities. Mr. Gonyea said the homeowner association documents are provided before closing. Motion to amend by Commissioner Anderson, seconded by Commissioner Nelson, to add Condition 20.x. that, if necessary and if needed, evidence of an easement for emergency access off Vicksburg Lane be verified. Vote 7 ayes. Motion to amend approved. Motion to amend by Commissioner Anderson, seconded by Commissioner Nelson, to add Condition 20.y. that the applicant not turn over maintenance of the lift station for at least five years from the date the first home in the subdivision is occupied. Commissioner Petrash said it is imperative the city attorney review the language as to how we present ourselves in these recommendations in regard to liability and responsibility for the City, i.e. builder bankruptcy. Planning Manager Senness said this will be reviewed by the City Attorney. Vote. 7 ayes. Motion to amend approved. Motion to amend by Commissioner Anderson, seconded by Commissioner Jaffoni, to add Condition 20.z. that the homeowner's association show sufficient expertise for maintenance at the end of the five-year period to take care of the lift station and the cost of such be included in the homeowner association's budget and communicated to future homeowners. Commissioner Kobussen asked how homeowners will show their expertise. Commissioner Petrash concurred and said he expected the expertise would be hired. Chair Davis said he cannot support that as he belongs to a homeowner's association. He said his homeowner's association doesn't do anything until something happens. Chair Davis said he is uncomfortable putting a requirement to show positive steps for something that hasn't occurred. He said he could support a document showing they are aware of their responsibility. Commissioner Petrash agreed with Chair Davis' statement. He said he knows there will be conditions in the future, but where do we draw lines. Commissioner Aamoth asked if there would be a middle ground to capture what Commissioner Anderson is trying to do. Planning Manager Senness said informing homeowners is one thing and requiring the homeowner's association to demonstrate capability to maintain the lift station another. (25) Approved Planning Commission Minutes July 22, 2009 Page 12 Commissioner Jaffoni stated that the developer will inform all prospective homeowners that the developer would be in charge of the lift station for five years and the homeowner's association would determine appropriate maintenance thereafter. Commissioner Aamoth asked if the city would be involved in determining when and how the transition will go in the five year plan. Planning Manager Senness responded no. Chair Davis said once the lift station is operational and inspected, it is not the city's ongoing concern. City Engineer Moberg said one condition is that an emergency phone number must be provided for a viable entity to do repair and maintain the lift station, and this is not the City. He said the issue of turning over responsibility of the lift station after fire years becomes a legal one rather than a planning or engineering question. He said the City Attorney would be consulted for input. Commissioner Anderson said most lift stations are maintained by the City. He said he sees City workers at the lift station in his neighborhood two times a week, not once every six months. They have back up generators available if the power goes out. They are ready to meet that responsibility. If a lift station fails, sewer backs up into homes and if you think water back up is something people get irate about, try sewage backup. Commissioner Anderson said we have a sewer system going into a house, then the sewer system goes into the street, then into the box, then back into the City's responsibility. He said that middle piece is a piece of machinery and they break. Commissioner Anderson emphasized that you have to have a system that is being maintained or you will have problems and finger pointing as to who is responsible. Commissioner Anderson said if this is not handled correctly, the City will have to take it over. Commissioner Anderson said he has never seen a homeowner's association have this level of responsibility. Planning Manager Senness stated this will be reviewed with the City Attorney regardless of what the Planning Commission adds. Commissioner Petrash said he can't disagree with Commissioner Anderson's comments. Commissioner Anderson asked why the City can't take responsibility for this lift station. City Engineer Moberg responded that the City completed a long process of developing the Comprehensive Plan which was adopted in June, 2009. He stated there are no sanitary lift stations identified in this future development area in the sanitary sewer section of the Comprehensive Plan. City Engineer Moberg said this is a unique situation here with the City, the northwest area, and the way that extension of sanitary sewer wants to proceed from north to south. City Engineer Moberg said from a water system standpoint development wants to proceed from south to north. This proposal is one way to help close that gap. In an ideal situation, the Hampton Hills development would be moving forward and the gravity sewer for this area would be in place. The use of temporary lift stations would not be occurring if the (26) Approved Planning Commission Minutes July 22, 2009 Page 13 Hampton Hills development were moving forward and the gravity sewer for this area were in place, but in reality that is not happening. He said City staff is not interested in taking on other lift stations for maintenance. City Engineer Moberg said cost is a consideration and added that all lift stations are visited at least once a week for routine maintenance. Commissioner Petrash said having the City maintain control would satisfy a lot of concerns. He asked if the cost could be deferred to the homeowners or builder. Commissioner Jaffoni asked how many lift stations the City currently maintains. City Engineer Moberg stated there are 15 — 20 lift stations maintained by the City; Wood Crest currently is the only lift station facility maintained by a homeowner's association. Commissioner Nelson said he supports the wording of Condition Z and this is a unique situation with the homeowner's association responsible for the temporary lift station. He said Gonyea Development is maintaining Wood Crest and will maintain this proposed lift station. Commissioner Nelson said the City Attorney will review the issues, and he said he hopes Hampton Hills gets developed and the final sewer is put in. Commissioner Nelson said he has no problem with this proposal. Chair Davis said he concurs with Commissioner Anderson that we need positive steps to know this lift station will be taken care of rather than hoping nothing happens. Chair Davis said he will support, subject to legal review. Commissioner Aamoth asked how the City would do a full evaluation to show expertise. City Engineer Moberg said the developer would need to produce evidence of a contract in place with a qualified vendor. Commissioner Kobussen noted that both of these lift stations will not have back up generators, and asked in the event of a power outage how long before sewers back up into homes. City Engineer Moberg said lift stations typically pump 6-10 times per hour, and there is a range of factors that would need to be evaluated before the impact of a power outage could be determined. Commissioner Anderson said he interviewed Plymouth staff at the lift station on Xanthus Lane, and was told 24 hours in that case. Motion to amend. Roll Call Vote. 5 Ayes. Commissioners Kobussen and Petrash voting nay. Motion to amend approved. Roll Call Vote on Main Motion as amended. 7 Ayes. Main MOTION approved. (27) Approved Planning Commission Minutes July 22, 2009 Page 14 B. CITY OF PLYMOUTH (2009018) Chair Davis introduced the request by the City of Plymouth for amendments to the City Code and Zoning Ordinance regarding subdivision procedures and minimum lot size. Senior Planner Drill gave an overview of the staff report. Commissioner Jaffoni asked if there was a specific situation that led to this proposed change. Senior Planner Drill said a minor subdivision in an established neighborhood was approved through the administrative process and not formally reviewed. City Council members became aware of it and felt a need to review regulations regarding public input for minor subdivisions. Planning Manager Senness explained that the two newly created lots were substantially smaller than lots in the area, even though they met minimum lot size requirements. She said this may occur more often as land becomes more valuable, and tear downs occur in the older part of the city. Commissioner Nelson said he would not want to make regulations restrictive for homeowners who may want to subdivide and maximize their savings or retirement. Planning Manager Senness clarified that this pertains only to cases where a single oversized lot with potential for subdivision would be divided into two or three lots. Senior Planner Drill added that it would ensure the infill subdivision would fit in with the character of the surroundings. Commissioner Jaffoni asked if larger properties that are grandfathered in would be subject to the current zoning regulations. She asked about when you have a situation where these subdivisions comply with current regulations, but the characteristics of a neighborhood are in conflict with current zoning. Planning Manager Senness said this proposed change is using the median because it removes the extremely large or small surrounding lots that could significantly affect a lot size. In addition, the proposal would limit the maximum size to 20% over the minimum of the current zoning district. Commissioner Kobussen asked how the 20% figure was arrived at. Planning Manager Senness said staff looked at current examples of the minor subdivisions and determined that 20% covered all existing situations. «7 Approved Planning Commission Minutes July 22, 2009 Page 15 Commissioner Anderson said with the new regulation, additional property owners would be included in the notice, and asked if there are any examples where a particular subdivision would not have met the letter of the new ordinance. Planning Manager Senness said the Shink subdivision was approved administratively. Chair Davis opened and closed the public hearing there was no one present to speak on the item. Commissioner Nelson said he supports eliminating the administrative part and offering more public input. Commissioner Nelson said he does not like size restrictions. He said if these cases are few and far between, that they be reviewed on a case by case basis. Commissioner Nelson said he likes unique neighborhoods with different size lots, and would not be voting in favor of the proposed changes. Commissioner Kobussen said if a base line were established, any change to that baseline would require a variance. Planning Manager Senness said if a subdivision meets all standards, it is difficult to say no and that is why we are considering additional regulations. If a request is beyond that base line, then an applicant could request a variance. Commissioner Anderson said he agrees with the public participation but does not like to see the tight condition that could potentially restrict someone's use of their property He said he does not want to see a decision made on the whim of a neighborhood that didn't like the proposal. Commissioner Jaffoni said she concurs with the sentiments of public participation. She said it is important to have a baseline, and will support the proposed change as presented. Commissioner Aamoth asked if there was a marker when minor subdivisions were administratively issued. He asked if other alternatives were considered to accomplish this goal. Planning Manager Senness said the only marker was the minimum lot size in each zoning district. She said among the alternatives staff considered, this proposed change made the most sense, and added that it was discussed with the City Attorney. Commissioner Aamoth said he concurred with Commissioner Nelson regarding the variance, and said subjectively he didn't necessarily think it is a good idea. MOTION by Commissioner Anderson, seconded by Commissioner Nelson, to amend the city code to remove the minor subdivision requirements and keep the lot size as allowed at the minimum. (29) Approved Planning Commission Minutes July 22, 2009 Page 16 Commissioner Kobussen said his opinion is that the smaller lot size will create chaos and opposition with the local neighbors going to the City Council. He said he believes that one subdivision with the small lot is where the hardship developed. Commissioner Nelson said for those limited situations he preferred to have public input. Commissioner Anderson said the zoning code defines a lot size, and now in this situation we can't use it. He said the City should use the rules in force, or there shouldn't be a code that says, for example, 7,000 square foot lots. Commissioner Jaffoni said she will support the original proposal, not the motion on the table. She said this situation occurs in highly developed areas. Commissioner Jaffoni said the original proposal does prevent unusual situations from occurring that could affect surrounding property and character. She said this will allow for diversity and different lot sizes, and will give oversight and public input. Commissioner Kobussen said he concurred with Commissioner Jaffoni's comments Roll Call Vote. 5 Nays. MOTION denied. Commissioners Aamoth and Nelson voting aye MOTION by Commissioner Kobussen, seconded by Commissioner Jaffoni, to approve the request by the City of Plymouth to amend the City Code to remove the minor subdivision requirements and to approve the request by the City of Plymouth for amendments to the City Code and Zoning Ordinance regarding minimum lot size. Commissioner Aamoth said he is in favor of a transparent process, and he thinks the proposal has two different issues. He supports the public participation piece. MOTION withdrawn by Commissioner Kobussen. MOTION by Commissioner Aamoth, seconded by Commissioner Nelson, to approve the request by the City of Plymouth for amendments to the City Code to remove the minor subdivision requirements. Roll call vote. 7 Ayes. Motion approved. MOTION by Commissioner Anderson seconded by Commissioner Kobussen, to approve the request by the City of Plymouth for amendments to the City Code and Zoning Ordinance regarding minimum lot size. Roll call vote. 5 ayes. Motion approved. Commissioners Nelson and Aamoth voting nay. 7. NEW BUSINESS S. ADJOURNMENT MOTION by Chair Davis, without objection, to adjourn the meeting at 9:50 p.m (30) MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MN 55447 DATE: August 3, 2009 TO: City Council FROM: Derek Asche, Water Resources Manager SUBJECT: Bassett Creek Watershed Management Organization Resource Management Plan The Bassett Creek Watershed Management Commission (BCWMC), in cooperation with its nine member -cities, manages the Bassett Creek Watershed. The BCWMC's Watershed Management Plan (2004) guides the BCWMC's activities in the watershed. The BCWMC has drafted a "Resource Management Plan" (RMP) to improve the speed and coordination of the regulatory/permitting process associated with capital projects in the Bassett Creek Watershed. Currently, most capital projects are subject to several jurisdictions and different rules and interpretations within each jurisdiction making the regulatory/permitting process extremely complex. The BCWMC RMP covers two major types of water quality improvement projects in the Bassett Creek Watershed- water quality treatment pond projects and stream stabilization projects. This RMP covers the eleven water quality treatment pond projects and five stream stabilization projects from the BCWMC's Plan Capital Improvement Program scheduled for implementation between 2010 and 2016. Included in the RMP are streambank stabilization projects for Plymouth Creek. The goal of the RMP is to complete (on a conceptual level) the Army Corps of Engineers Permitting process for all of the projects proposed in this RMP. The permitting process contains several steps and requires significant time for BCWMC staff and for the Army Corps of Engineers. Completing the process for all of the projects at one time is expected to make the process more efficient. The BCWMC's proactive effort of developing a new approach for regulatory/permitting processes may become an example for other watersheds to improve the efficiency of permitting processes that are currently estimated to take 6 months to two years (or more) to complete. Some of the fust projects to utilize this new approach will be the Plymouth Creek Streambank Stabilization Projects. The Army Corps of Engineers will retain the right to review the final project designs prior to construction. (31) NORTHWEST SUBURBS CABLE COMMUNICATIONS COMMISSION 6900 Winnetka Avenue North Brooklyn Park, MN 55428 763-536-8355 July 30, 2009 Laurie Ahrens City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 Enclosed you will find a check for the quarterly payment of the 2009 Cable Capital Grant in the amount of $12,290.78. 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 30`h, April 30`h, July 30`h and October 30". If the 30`h lands on a weekend the payment will be sent prior to the 30`h Your payment breaks down as follows: CITY OF PLYMOUTH 2009 Flat Grant $18,231.11 2009 Proportional Grant $30,932.00 Annual Total: 49 163.11 Total divided by 4 = $12,290.78 per quarter Please note that the actual dollar amounts of these grants may change each year depending on the number of cable subscribers. If you have any questions, please call me at 763-533-8196. Sincerely, 9 loore, Executive Director Northwest Suburbs Cable Communications Commission cc: Helen LaFave (32) Brooklyn Center • Brooklyn Park • Crystal • Golden Valley • Maple Grove • New Hope • Osseo • Plymouth • Robbinsdve The Plymouth We Uea�ue 3400 Plymouth Boulevard Pl447innesota ymouth. rg7 JUS 70py July 29, 2009 Laurie Ahrens City Manager City of Plymouth 3400 Plymouth Blvd Plymouth, MN 55447 Dear Laurie: Thank you to the City of Plymouth for helping to make the 37th Music in Plymouth another great success! The Plymouth Civic League (PCL) was founded in 1972 to create an event that would help build a sense of community in Plymouth. Plymouth has been fortunate to have the Minnesota Orchestra as the featured entertainment for each of the 37 annual events. The PCL has no paid staff and has 30 members who live, work or own a business in Plymouth. The event is free to everyone. It is estimated that this year nearly 15,000 people attended the event and a similar number watched the fireworks from the nearby neighborhoods. The addition of the on-site jumbo screen in 2007 has greatly enhanced the visibility for our ever-growing crowds. The cost of this addition has increased the budget by approximately $20,000. Although we are pleased to report that we anticipate a modest surplus in 2009, we believe that 2010 will be a most challenging fund raising year. The PCL feels that with the continued support of the City of Plymouth, the high quality of the event can be maintained. The PCL is again requesting consideration for a $30,000 donation from the City of Plymouth towards 2010 event. The 2010 Music in Plymouth will be the 38'" anniversary of the event and we expect it to be even more spectacular with the continued partnership with the City of Plymouth. If you have any questions, feel free to call me at 763-267-8937 Sincerely, yy� Kris St. Martin Director of Development (33) Hennepin County Human Services & Public Health Department July 17, 2009 County Board Chair and Suburban Mayors: Recently the Hennepin -Carver Workforce Investment Board (WIB)communicated with all suburban Cities and Hennepin County regarding the Emergency Energy Block Grant (EEBG) applications and the required jobs element of the plan, offering our assistance. The WIB asked for plans to be submitted to it so that job creation plans could be reviewed and assistance offered by WIB staff and members. The WEB did not receive a single plan. Therefore, no assistance or advice on job creation was offered. A sub -committee of the WIB held a meeting to go over the EEBG solicitation and to talk over ideas for submissions for American Reinvestment and Recovery Act dollars. DnLy, the City of Plymouth was represented. The meeting included MN Department of mployment and Economic eve opment staff and representatives of organized labor, as well as WEB members, staff and contractors. I am unhappy with the lack of response and attention exhibited. The Hennepin -Carver WEB continues to be available to work with suburban Cities and the County with respect to the job creation portions of the EEBG plans. Please have your staff provide the requested plans to the Hennepin -Carver WIB for review and possible coordination with other federal and state employment programs- , It rograms..It Sincerely Larry R. B ckstad, Chair Hennepin -Carver Workforce Investment Board larry.blackstad@gmail.com (34) An Equal Opportunity Employer Recycled Paper AUG 0 4 2009 Moss & Barnett A Professional Association July 31, 2009 City Clerk Plymouth City Hall 3400 Plymouth Boulevard Plymouth, MN 55447 Re: In the Matter of the Joint Petition of Iowa Telecommunications Services, Inc., Lakedale Link, Inc., WH LINK, LLC d/b/a WH Comm, Wright -Hennepin Holding Company, and Wright -Hennepin Cooperative Electric Association for Approval of Asset Purchase and Amendment of Authorized Service Areas MPUC Docket No.: Notice is hereby given that, pursuant to Minn. Stat. §§ 237.23, 237.74, subd. 12, and 237.16, subd. 4., Iowa Telecommunications Services, Inc., Lakedale Link, Inc. ("Lakedale Link'D, WH LINK, LLC d/b/a WH Comm and the other entities listed above have requested that the Minnesota Public Utilities Commission ("Commission'D provide all consents, certifications, and authorizations necessary to perform the Purchase Agreement, including, but not limited to, all consents and authorizations necessary for: (i) The completion of the Purchase and transfer of assets pursuant to the Purchase Agreement; and (ii) Lakedale Link, following the Purchase, to: (a) own substantially all of the assets of WH; (b) provide service to the customers of WH; (c) expand and amend its authorized service area to include the areas in which WH provides service; and (d) continue to own its current assets, maintain its current authorized service area, and serve its current customers. A copy of the Summary of Filing is enclosed. Comments or concerns related to that application may be sent to either or both: Minnesota Public Utilities Commission 121 Seventh Place East, Suite 350 St. Paul, MN 55101 Sincerely, 461- ldll� Richard J. Johnson Attorney At Law (612) 877-5275 Johnson R(@moss-bamett. corn Enclosure Minnesota Department of Commerce 85 Seventh Place E, Suite 500 St. Paul, MN 55101 (35) 4800 AJELLS FARGO CEM T ER 1 90 Louth Scventh Strcct f1inneapnlls, HN 5540 2 -4 1 29 P:612.877.50110 F.612-877-5999 W:,,,uss-bmn,tt.com STATE OF MINNESOTA BEFORE THE MINNESOTA PUBLIC UTILITIES COMMISSION David Boyd J. Dennis O'Brien Thomas Pugh Phyllis Reba Betsy Wergin In the Matter of the Joint Petition of Iowa Telecommunications Services, Inc., Lakedale Link, Inc., WH LINK, LLC d/b/a WH Comm, Wright -Hennepin Holding Company, and Wright -Hennepin Cooperative Electric Association for Approval of Asset Purchase and Amendment of Authorized Service Areas Chair Commissioner Commissioner Commissioner Commissioner MPUC Docket No.: SUMMARY OF FILING Iowa Telecommunications Services, Inc. ("Iowa Telecom"), WH LINK, LLC d/b/a WH Comm ("WH"), and the other entities listed above have submitted a Joint Petition to the Minnesota Public Utilities Commission (the "Commission") pursuant to Minn. Stat. §§ 237.23, 237.74, subd. 12, and 237.16, subd. 4. The Joint Petition requests any and all consents and approvals from the Commission necessary to complete the Asset Purchase Agreement, dated as of June 17, 2009, between Iowa Telecom and WH and other entities including, but not limited to, all consents, certifications, and authorizations necessary for Lakedale Link, Inc. to purchase substantially all of the assets of WH, to provide service to the customers of WH, and to expand and amend its authorized service area to include the areas in which WE provides service. 1440296vl 1 (3 6 ) Adding QJQlity to Life August 7, 2009 SUBJECT: PRELIMINARY PLAT FOR EICHI, INC. (2009034) Dear Resident/Land Owner: Pursuant to the provisions of the Plymouth Zoning Ordinance, this letter is to inform you of a request by EICHI, Inc., under File No. 2009034, for approval of a preliminary plat to be called "Kingsview Heights 5"' Addition" to allow the construction of one single-family dwelling for the roughly 3.21 -acre site located north of 44th Avenue between Juneau Lane and Harbor Lane. Hennepin County records indicate your property is located within 750 feet of the site of this proposal. You are hereby notified of, and cordially invited to attend a Public Hearing to be held by the Plymouth Planning Commission at 7:00 p.m., on Wednesday, August 19, 2009, 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, Mmil-r1 V/ N�5 Barbara G. Senness, AICP Planning Manager noticesn-009/2009034propnotice.docs 3400 Plymouth Btvd Plymouth, Minnesota 55447-1482 - Tet: 753-X09-5000 - ,vvm.^.plyrimci.mn.LIS ,44f -=— (37) Adding Quoliry to Life August 7, 2009 SUBJECT: INTERIM USE PERMIT FOR THREE RIVERS PARK DISTRICT (2009039) Dear Property Owner Pursuant to the provisions of the Plymouth Zoning Ordinance, this letter is to inform you of a request by Three Rivers Park District, under File No. 2009039, for approval of an interim use permit to allow grading/excavation operations involving roughly 7,800 cubic yards for installation of the segment of the Medicine Lake Regional Trail lying north of County Road 47 to the north boundary of Plymouth. 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 19, 2009, 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 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, 4 r tcy�>J�) Barbara G. Senness, AICP Planning Manager O:/Plan/ ioticesTC/2009i2009039propnotice 340C'Iyrnouui 8M, • Ptyrno Ah, Minne;oxa 55447-1482 • Tet: 763509-5000 w,,rr /.ci.plynwu:;'.mn.us ,)$�g -. _ (3 8 ) City 0 ymmuth Adding Quality to L;je August 7, 2009 SUBJECT: CONDITIONAL USE PFR -MIT FOR STONE SOURCE (2009040) Dear Resident/Land Owner: Pursuant to the provisions of the Plymouth Zoning Ordinance, this letter is to inform you of a request by Stone Source, under File No. 2009040, for approval of a conditional use permit to allow the retail sales accessory to a wholesale showroom for property located at 15831 State Highway 55. 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 19, 2009, 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, I'AjI'nn �Cy-t�e 6 Barbara G. Senness, AICP Planning Manager nolicesR00911009040propnotice.do" 3-100 P yrnouth 8tvc • Ptamuu; i, ,Aonf rota 544 T!, 8', • Tal- 'b3 5C9-500-03, • w vt.ci-ptymcuth.mr,.us (39) Tg City of Plymouth Adding Quality to Life August 7, 2009 SUBJECT: VARIANCE FOR SKYLINE DESIGN (2009038) Dear Property Owner: Pursuant to the provisions of the Plymouth Zoning Ordinance, this letter is to inform you of a request by Skyline Design, under File No. 2009038, for an impervious surface area coverage variance to allow construction of a room addition for property located at 1161 Black Oaks Lane North. While a formal Public Hearing is not required, it is the City's policy to inform adjacent property owners/occupants of such applications. Hennepin County records indicate your property is within 200 feet of the site of this proposal. You are hereby notified of and cordially invited to attend a meeting to be held by the Plymouth Planning Commission at 7:00 p.m., Wednesday, August 19, 2009 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, at Plymouth City Hall on Mondays and Wednesday through Friday from 8:00 a.m. to 4:30 p.m., and Tuesdays from 8:00 a.m. to 6:00 p.m., except holidays. If you have any questions about the specifics of this proposal, please contact the Community Development Department at (763) 509-5400. Sincerely, Uvl�I-,, I . ,Y,rl �6 Barbara G. Senness, AICP Planning Manager 2009038propnotice 3400 Plymouth Blvd , Plymouth, Minnesota 5:447-1x82 • Tei: 763-509-5000 - ~/.d.pkyrtouth.mn.us Aqi 4:W (40) rp) Plymouth Em �F Adding Quality to Life August 6, 2009 Mr. L. Eric Evenson District Administrator Minnehaha Creek Watershed District 18202 Minnetonka Boulevard Deephaven, MN 55391 SUBJECT: MEMORANDUM OF UNDERSTANDING Dear Mr. Evenson: Thank you for meeting with me on August 3, 2009, to discuss several outstanding issues between the City and the Minnehaha Creek Watershed District (MCWD). I hope you found our discussions as productive as I did. My understanding of the outcome of our discussions is as follows: • The City will accept the additional $15,000 offered by the MCWD as full and final payment for the Mooney Lake Outlet Project (City Project No. 7111). A final version of the Mooney Lake Operating Plan for Emergency Pumping will be provided upon approval by the City Council on August 25, 2009. • The MCWD will administer and fully fund the Gleason Lake / County Road 6 Pond Project (Chelsea Woods Erosion Project, City Project No. 8113). • The City agrees to maintain the Chelsea Woods channel constructed and funded by the MCWD upon completion provided the City has input into the final design. The MCWD will decide whether they desire to maintain the ponds constructed with the project or if they wish to have the City maintain them. • The City agrees that the version of the Memorandum of Understanding (MOU) you provided to me at our meeting is acceptable and will recommend City Council approval on August 25, 2009. The only provisions of the MOU that staff still questions are articles 1.4 and 3.1. Our hope is that the City and MCWD can work cooperatively to ensure that these provisions do not unnecessarily over burden the City with extra reporting and plan revision activities. 3400 Plymouth Blvd • Plymouth, Minnesota 55447-1482 • Tet: 763-509-5000 • wAm.ci.plymouth.mn.us,�4 = (41) Mr. L. Eric Evenson Page 2 Please advise me at your earliest convenience if you find this acceptable. Sincerely, Doran Cote Director of Public Works cc: Mayor and City Council Laurie Ahrens, City Manager Derek Asche, Water Resources Manager 0 Engin dn^GEN MAL LTH$ WRe\'009 Ereu NOC NICWU 090609 Jo x (42)