The URL can be used to link to this page

Home My WebLink AboutCouncil Information Memorandum 09-04-2009CITY OF PLYMOUTH rp) COUNCIL INFO MEMO September 4, 2009 UPCOMING MEETINGS AND EVENTS EQCAgenda 09/09/09..........................................................................................................................Page 1 PRAC Agenda 09/10/09 ...................................................................................... Page 2 City of Champlin Municipal Facilities Expansion Completion Ribbon Ceremony 09/19/09 .............. Page 3 Minnesota Smarter Cities Forum 09/22/09.......................................................................................... Page 4 League of Women Voters Public Forum 09/30/09................................................................................Page 5 September, October, November 2009 Official City Meeting Calendars ............................................. Page 7 Tentative List of Agenda Items for Future City Council Meetings ................................................... Page 10 INFORMATION News Articles, Releases, Publications, Etc... Join Metro Fire Depts for 9/11 Firefighters Memorial, News Release .............................................. Page 11 Post Office may sell five suburban branches, Article, Star & Trib.................................................... Page 12 Hennepin Cty to sponsor household hazardous waste collection in Shorewood, Henn Cty News..... Page 13 Hennepin Cty Board Action Request 09-0345R1, RE: Transforming Solid Waste Mgmt.................Page 16 MEETING MINUTES Planning Commission Minutes 08/19/09.......................................................................................... Page 19 STAFF REPORTS BassLake Update............................................................................................................................. Page 32 CORRESPONDENCE Letter from American Postal Workers Union, RE: Post office closings ............................................ Page 33 Letter to Residents, RE: Comp Plan Amendments for Centex 2009046 ............................................ Page 34 Letter to Property Owner, RE: Conditional Use Permit for Three Rivers Park Dist 2009049........... Page 35 ENVIRONMENTAL QUALITY COMMITTEE AGENDA September 9, 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. A 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 August 12, 2009, Environmental Quality Committee Meeting Minutes 6. 7:35 P.M. PUBLIC HEARING 7. 7:35 P.M. GENERAL BUSINESS A. Education activities update 8. REPORTS AND STAFF RECOMMENDATIONS A. Medicine Lake TMDL Update B. Bass-Schmidt-Pomerleau TMDL Update 9. FUTURE MEETINGS — October 14, 2009 10. 8:00 P.M. ADJOURNMENT C.\Dmunema and SeOinesVbalydLLoeal Seuings\Tempore Imemn FilaskComenl 0m1aok\400WH S8\090905 Page 1 Regular Meeting of the Park and Recreation Advisory Commission Plymouth Creek Center September 10, 2009, 7 p.m. AGENDA 1. Call to Order 2. Approval of Minutes 3. Visitor Presentations a. Other 4. Report on Past Council Action a. Approved Fieldhouse and Plymouth Creek Center Fees 5. Unfinished Business a. Update - Greenway b. Update - Budgets and C.I.P. c. Update on 2009 Trail Project on Bass Lake Road 6. New Business a. Review Plymouth Creek Center and Fieldhouse operation and programs - Rick Busch and Sara Middelstaedt 7. Commission Presentation 8. Staff Communication 9. Adjourn Next regular meeting - October 8, 2009 At Plymouth City Council Chambers Page 2 MUNICIPAL FACILITIES EXPANSION PROJECT (MFEP) The Champlin City Council invites you to join them as they celebrate the completion of the Municipal Facilities Expansion Project (MFEP) with an official ribbon cutting ceremony at 11:00 a.m. in front of the Public Safety Building. The event will include tours of the new facilities and equipment demonstrations. SEPTEMBER 19, 2009 11:00 A.M. TO 2:00 P.M. 11955 CHAMPLIN DRIVE We look forward to celebrating with you! Mayor Mark W. Uglem Page 3 INN rim September 22, 2009 i fl Minnesota Smarter Cities Forum September 22, 2009, 8:OOAM - 3:OOPM, Minneapolis Convention Center Join IBM for an insightful and informative discussion about navigating the current economy and preparing for a better tomorrow. The event will be a gathering of the area's most distinguished business and government leaders who want to collaborate in insightful, forward -thinking discussions on the common goal of economic recovery. Economic and financial thought leaders will discuss the role of technology to promote greater public-private sec- tor collaboration. You will also learn more about the role your organization can play in helping your state take its rightful place in the global economy of the 21 st Century. Don't miss this opportunity to participate in building a smarter Minnesota. Event Highlights Keynote speakers and local leaders will cover the following topics: • Building a Smarter Planet, City by City • Economic Recovery and Minnesota • Partnership for Economic Recovery: Public and Private Sector • Local Hero Success Story The executive speakers will include: Representative Margaret Anderson Kelliher, Speaker, Minnesota House of Representatives and Commissioner Dan McElroy, Minnesota Department of Employment and Economic Development ® Copyright IBM Corporation 2009. IBM, the IBM Ingo, inotoom and Me planet omens Vatlemarks of Intemational Business Machines Corp., registered m manyjuhsdictions vmddwide- Olher profud and service names might be bademarks of IBM or other companies. A current list of IBM kadema,ks is available an the Web at'GaMright and liademat - f - Page 4 "The Census is important to our community because we count. It's not only our vote that counts, but our actions and our plans for the future that count. Be a part of the future; be a part of the census." —V.J. Smith The League of Women Voters of Crystal -New Hope -East Plymouth (LWVCNHEP) invites you to a public forum. 2010 Census Community Forum Wednesday, September 30, 2009 New Hope City Hall Council Chambers, 4401 Xylon Ave N 6:30 Gathering 7:00 Forum Panel discussion with representatives from: • Census Bureau • Educators • Faith -based organizations • Businesses • Community-based organizations • State Senator • City Managers Come to learn more about the significance of the 2010 Census. Questions? Contact Jo Bogdan Qobogdan@aol.com) or Lois Wendt (952.233.8923 or loiskwendt@yahoo.com). ,\�NTS Gyri y F,` o y k a cFNS U 5 2'10 Page 5 GENTS //V W 2010 Census ... it's in our hands ... be counted in 2010 ... every 1 counts in cFNSUS 20�° Minnesota What: The census is a count of everyone residing in the United States. Who: All U.S. residents must be counted... people of all races and ethnic groups, both citizens and non -citizens. When: Census Day is April 1, 2010. Questionnaire responses should represent the household as it exists on this day. Why: The U.S. Constitution requires a national consensus once every 10 years. The census will show state population counts and determine representation in the U.S. House of Representatives. How: Census questionnaires will be delivered or mailed to households via U.S. mail in March 2010; many households will receive a replacement questionnaire in early April. Census workers also will visit households that do not return questionnaires. Importance of Census Data Every year, the federal government can allocate more than $300 billion to states and communities based, in part, on census data. Census data guide local decision -makers on where to build new roads, hospitals, child-care and senior citizen centers, schools, etc. Businesses use census data to locate supermarkets, new housing and other facilities. 2010 Census Questionnaire: Quick, Easy and Confidential With only 10 questions, the 2010 Census questionnaire is one of the shortest questionnaires in history and takes just 10 minutes to complete. By law, the Census Bureau cannot share an individual's census questionnaire responses with anyone, including other federal agencies and law enforcement entities. Page 6 City of Plymouth Adding Quality to Life September 2009 Modified on 09/04/09 Page 7 1 12 7:00 PM 37;00 PM 4 S PLANNING HUMAN RIGHTS COMMISSION COMMISSION MEETING MEETING Council Chambers Parkers lake Room 6 7 jjj� 8 9 10 11 12 7:00 PM 7:00 PM 7:00 PM Autumn REGULAR COUNCIL ENVIRONMENTAL PARK & REC Art Fair MEETING QUALITY ADVISORY COM- Parkers Lake LABOR DAY Council Chambers COMMITTEE MISSION (PRAC) (EQC) MEETING MEETING CIN OFFICES Council Chambers Plymouth Creek CLOSED Center 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 25 26 7:00 PM 7:00 PM 7:00 PM REGULAR COUNCIL PLYMOUTH HRA MEETING 1:00 PM MEETING ADVISORY Council Chambers Plymouth On Council Chambers COMMITTEE ON Parade Celebration City Center Area TRANSIT (PACT) MEETING Medicine Lake Room 27 28 29 30 YOM KIPPUR Begins at Sunset Modified on 09/04/09 Page 7 City of Plymouth Adding Quality to Life October 2009 Modified on 09/04/09 Page 8 1 2 3 5 -City Human Rights Event Time/Place TBD 4 5 6 7 8 9 10 6:30-8:30 PM 7:00 PM 7:00 PM Volunteer PLANNING PARK Et REC 12:00-4:00 PM Recognition Event COMMISSION ADVISORY Fire Dept. Plymouth Creek MEETING COMMISSION Open House Center Council Chambers (PRAC) MEETING Fire Station III Council Chambers 11 12 13 14 15 16 17 7:00 PM 7:00 PM REGULAR COUNCIL ENVIRONMENTAL COLUMBUS DAY MEETING QUALITY Observed Council Chambers COMMITTEE (EQC) MEETING Council Chambers PLYMOUTH PUBLIC WORKS DIVISION CLOSED 18 19 20 7:00 PM 21 22 23 24 PLANNING 7:00PM COMMISSION HRA MEETING MEETING Council Chambers Council Chambers 7:00 PM PLYMOUTH ADVISORY COMMITTEE ON TRANSIT (PACT) MEETING _ Medicine Lake Room 25 26 27 28 29 30 31 7:00 PM REGULAR COUNCIL 5:30-8:30 PM MEETING Halloween on Council Chambers the Creek Plymouth Creek Center Modified on 09/04/09 Page 8 City of Plymouth Adding Quality to Life November 2009 1 2 3 4 5 6 7 Daylight 7:00 PM 7:00 PM Savings Ends PLANNING HUMAN RIGHTS Set Clacks Back COMMISSION COMMISSION 1 Hour MEETING MEETING Council Chambers Parkers Lake Room 8 9 107:00 11 12 13 14 PM 7:00 PM REGULAR COUNCIL PARK It REC MEETING ADVISORY COM - Council Chambers VETERANS DAY MISSION (PRAC) Observed MEETING Plymouth Ice CITY OFFICES Center CLOSED 15 16 17 18 7:00 PM 19 7:00 PM 20 21 PLANNING HRA MEETING COMMISSION MEETING Council Chambers Council Chambers 7:00 PM ENVIRONMENTAL QUALITY COMMITTEE (EQC) MEETING Medicine Lake Room 22 23 24 25 26 jj� 27 28 7:00 PM 7:00 PM REGULAR COUNCIL PLYMOUTH ADVISOR MEETING COMMITTEE ON Council Chambers TRANSIT (PACT) THANKSGIVING THANKSGIVING MEETING HOLIDAY HOLIDAY Medicine Lake Room CITY OFFICES CITY OFFICES CLOSED CLOSED 29 30 Modified on 09/04/09 Page 9 Tentative Schedule for City Council Agenda Items September 22, Regular, 7:00 p.m., Council Chambers • Approve the subordination and extending of the maturity date for the City of Plymouth's $225,000 loan in conjunction with the HUD refinancing. Shenandoah Woods Apartments. • Presentation of Planting Plymouth Proud Gardening Award October 13, Regular, 7:00 p.m., Council Chambers • Set public hearing relating to the modifications of Development Program for Development District Number 7 and Tax Increment Financing District 7-6 and Redevelopment Plan for Redevelopment Project Area Number 1 and Tax Increment Financing District I-1. 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 • Approve 2010 City Council meeting schedule • Public hearing on modifications of Development Program for Development District Number 7 and Tax Increment Financing District 7-6 and Redevelopment Plan for Redevelopment Project Area Number I and Tax Increment Financing District I-1. December 8, Regular, 7:00 p.m., Council Chambers • Approve 2010 Target and Trap Shoot license renewal • Approve 2010 Amusement License renewals • Approve 2010 Gasoline Service Station License renewals • Approve 2010 Tobacco License renewals • Adopt the 2010 Budget and Tax Levy Note: Special Meeting topics have been set by Council; all other topics are tentative. Paye 10 City of Plymouth News Release For Immediate Release September 4, 2009 F . , Contact: Kip Springer, 763.509.5132 kspringer@ci.plymouth.mn.us Public Invited to Join Metro Fire Departments for September 11 Firefighters Memorial Remembering the Firefighters of the World Trade Center's Twin Towers Plymouth, MN — September 11, 2001 is a day that will forever be remembered. Earlier this year, the president signed a law that makes September 11th a National Day of Service and Remembrance. On Friday, September 11 from 6:45 — 8:30 p.m. at the New Hope Church, more than 25 fire departments from across Minnesota are expected to come together to hold a special memorial ceremony for the 343 firefighters who lost their lives in the World Trade Center tragedy. Firefighters and honor guard units from across the metro will attend this ceremony, which is planned to be rich in tradition. The state fire marshall will emcee the event. The memorial will also include presentations by several fire chiefs, including a keynote address by St. Paul Fire Chief Tim Butler. The Minneapolis Police Pipe Band will be in attendance to provide bagpipes and drums. This free event is open to the public. New Hope Church, 4225 Gettysburg Ave. N., is located at in New Hope at the intersection of Highway 169 and County Road 9. Page 11 C1eanPrint Preview StarTribune.com Post Office may sell five suburban branches By BOB VON STERNBERG, Star Tribune Last update: September 3, 2009 - 12:10 PM U.S. Postal Service officials may have decided not to close any of their branches in Minnesota, but they may nonetheless try to unload five of them in the Twin Cities. In the midst of the post office's plan to consolidate its branches nationwide to stanch a massive budget deficit, news of the potential sale of some branches has alarmed some customers. Branches in Brooklyn Park, Plymouth, Hopkins, Wayzata and Savage may be sold, but that won't mean the elimination of those branches, said Pete Nowacki, spokesman for the postal service in Minneapolis. ""In each case, if the sale goes through, we'll continue to offer retail services either at that location or by relocating to somewhere nearby," Nowacki said. The reason the sale is being considered is, like so many things related these days to the financially - strapped postal service, is an attempt to save money, he said. The possible sale of the branches, which he said 0 Page I of I Point r i, 7 mobile browser to littp://startribune.com is in "the very earliest stage," comes at the same time the Postal Service is paring a list of branches to close. "It's certainly understandable that folks would juxtapose these two things because a lot don't know exactly how we do business," Nowacki said. As many as two dozen branches across the state had been considered for closing, among as many as 3,200 nationwide, but they were spared Wednesday, when postal officials announced they had pared their potential list to 413. Print Powered By ;`d r -- i' Dynamics Page 12 http://www.startribune.com/local/south/56945562.html?eft=KArksLckD8EQDUoaEygyP4... 9/3// uu Hennepin County News Environmental Services • 612-348-3777 • www.hennepin.us 417 N. 5`6 St, Suite 200., Minneapolis, MN 55401 Aug. 27, 2009 Hennepin County to sponsor household hazardous waste collection in Shorewood Hennepin County and the City of Shorewood are sponsoring spring community collection events for county residents to safely and properly dispose of their unwanted garden and household hazardous wastes. The collection events will be held: Shorewood Public Works Facility 24200 Smithtown Road, Shorewood 9 a.m. to 4 p.m., Thurs. — Sat., Sept. 17 — 19 The county will accept many household hazardous wastes, including mercury items (fluorescent bulbs and HID lamps, thermostats and thermometers); pesticides; electronics (computers, televisions, VCRs, stereos, etc.); automotive wastes (fuels, fuel additives, starter fluid, waxes); aerosol cans, paint, lead-based paint chips, solvents and thinners; pool, photographic and hobby chemicals; rechargeable tools, household batteries and lead -acid batteries and gas cylinders (propane less than 40 lbs., specialty gases less than 59 lbs. will be evaluated). Items are accepted from households only, business waste cannot be accepted. These collection events provide residents with convenient community locations to bring their problem wastes. As a year-round alternative to these collections, Hennepin County provides residents with permanent drop- off facilities located at 1400 W. 96th St., Bloomington; and 8100 Jefferson Highway, Brooklyn Park. For a complete list of acceptable and non -acceptable items or more information on drop-off facilities, call Hennepin County Environmental Services at 612-348-3777, or visit wAAv.hennepin.us/collectionevents. -- Page 13 Household Hazardous Wastes ACCEPTED ♦ Adhesives (Flammable or petroleum based) ♦ Aerosols (pressurized or containing product) ♦ Auto wastes (fuel additives, starter fluid, waxes, etc., but no motor oil) ♦ Batteries (including from vehicles) ♦ Cleaning solvents ♦ Drain cleaners ♦ Driveway Sealers ♦ Electronics (computers, TVs, radios, VCRs, etc. - limit five of the same type) ♦ Fire Extinguishers ♦ Fluorescent and HID lamps (limit of 25) ♦ Fuels (gasoline, kerosene, diesel) ♦ Gas cylinders (propane less than 40 lbs.; specialty gases less than 59 lbs. will be evaluated; some may not be accepted due to management restrictions) ♦ Mercury itejms (thermometers, thermostats, etc.) ♦ Paint (latex and oil based, limit of three pails - applies to 5 -gallon size only) ♦ Paint thinners, solvents and strippers ♦ Pesticides (insecticides, herbicides, etc.) ♦ Photographic and hobby chemicals ♦ Pool chemicals ♦ Rechargeable appliances (cordless tools, weed whips, etc.) ♦ Wood preservatives The materials listed are accepted from households only. Businesses must manage their hazardous and problem wastes separately. Call 612-348-3777. NOT ACCEPTED ♦ Appliances* ♦ Asbestos ♦ Empty paint cans ♦ Explosives ♦ Garbage (food waste, furniture, carpet, lumber, etc.) ♦ Gas cylinders (propane greater than 40 lbs.; gases requiring special management and all gases greater than 59 lbs.) V Medical or infectious wastes V Motor oil, oil filters* V Photocopiers ♦ Radioactive waste (e.g., smoke detectors) V Recyclables (scrap metal, paper, cardboard, etc.)* ♦ Tires* * Accepted at the County's permanent Drop -Off Facilities, fee may apply. TRANSPORTATION GUIDELINES: • Make sure containers are not leaking SEPT.17 -19 9 AM to 4 PM • Place wastes upright in a plastic lined MilsIVITZ, • r r cardboard box • Arrange and secure wastes so they do not spill • Containers must be 5 gallons or less in size • Do not tape lamps together • Identify wastes that are not in the original container or if the label is gone 24200 Smithtown Road Shorewood, MN Directions: From the south: • From Hwy? and County Road 19 • North on County Road 19 • Follow the signs and stay in line From the north: • From County Road 15 and County Road 19 on County Road 19 the signs and stay in line license or other proof of residence required for check-in Page 14 HOME USE AND DISPOSAL TIPS FOR Household Hazardous Waste • Use up products before purchasing new • Purchase amounts that can be easily used up • Read and follow label safety directions • Do not use pesticides that are more than 10 years old • Never mix products together • Store in original container and keep label intact • Store away from heat and flames • Store out of reach of children • Store in dry place; prevent freezing HANDLE AT HOME Before bringing items to the events, check the lists below to see if they can be handled safely at home. Flush with lots of water down your sink or toilet, but not in septic tank systems: • toilet cleaner • disinfectant • disinfectant cleaner with bleach* • cleaner with ammonia* • liquid soaps and detergents * Never mix products containing bleach with those containing ammonia. A toxic gas can form! HENNEPIN COUNTY DROP-OFF FACILITIES Dry completely, remove lids and place in the trash: • small amount of latex paint • latex caulk, glaze, spackle & adhesives • empty containers • putty, grout • cosmetics se TO ' Permanent,year-round disposal foryour household hazardous wastes. For additional information on convenient sites in Bloomington and Brooklyn Park, call Hennepin County Environmental Services at 612-348-3777. FACILITY HOURS TUE, TH, FRI ........10 AM -6 PM WED ...............10 AM - 8 PM SAT ................ 8AM-5 PM SUN, MON & HOLIDAYS .. CLOSED FACILITY LOCATIONS -BROOKLYN PARK 8100 Jefferson Highway • BLOOMINGTON 1400 W. 96th St. Hennepin County Environmental Services 612-348-3777 www.hennepin.us/collectionevents Both facilities feature a Free Product Center. Pick up good, usable household products for free! • automotive products • aerosol spray paints • latex paints • varnishes, oils, finishes • and more! The county does not guarantee these products, and items selected by residents are used at their own risk. RETHINKA9 RECYCLING- RethinkRecycling.com for households www.hennepin.us search A to Z Your go -to guide for waste & recycling In the Twln Cities. Attention.... If you want help translating this information, call 612-348-3777 Atencl6n .... Si desea recibir asistencia gratufta from traducir Rata informad6n, llama 612-348-3777 Ogow ...... Haddii Rod dooneyso in lagaa kaalmwyo tarjamadda macluumaadkmi on Iaceg la' aan wac 612-348-3777 Ceeb toom .. Yog koj xav tau keV pab txhals cov xov no rau koj dawb, hu 612-348-3777 TDD/RY 612-596-6985 p PRINTED ON RECYCLED PAPER WITH A MINIMUM 3096 1`09 -CONSUMER CONTENT. FALL 2009 Page 15 Hennepin County Board Action Request 09-0345R1 www.hennepin.us Item Description: Transforming Solid Waste Management in Hennepin County - offered by Commissioner McLaughlin Resolution: WHEREAS, since 1980 Hennepin County has been a leader nationwide in the creation and implementation of environmentally -responsible programs to manage solid waste and since 1985 Hennepin County has provided technical assistance and financial support to municipalities for the establishment of curbside programs for the collection of recyclable materials and continues to distribute $2.9 million annually in grants to municipalities for curbside recycling programs resulting in increasing the recycling rate in the County from 22% in 1984 to 48% in 2008; and WHEREAS, in October 1986, Hennepin County adopted Ordinance 13, Solid Waste Source Separation, which required municipalities to separate recyclable materials from waste resulting in the County having one of the highest recycling and composting rates for large metropolitan areas in the U.S.; and WHEREAS, Hennepin County provides $200,000 annually in grants to cities, schools, and other public organizations to begin pilot and innovative reuse, recycling, and composting programs and has awarded $1.742 million for this purpose since 2000, including $1.244 million to support collection of organic waste for recycling into compost since 2002; and WHEREAS, Hennepin County is a leader in developing organics recycling programs, working with nine cities, 60 schools and numerous businesses to collect food and non -recyclable papers for organics recycling, is making a financial investment in the Linden Hills Power & Light, and has distributed over 22,000 compost bins to residents to recycle food waste into compost at their homes to reduce the amount of waste that must be collected and disposed; and WHEREAS, Hennepin County has provided $50,000 annually to Second Harvest since 1998 for food collections from whole -sale produce suppliers for distribution to food shelves, and provided leadership and technical assistance and financial support to support collection of organic waste for recycling into compost; and WHEREAS, Hennepin County has provided support and financial assistance over the past decade to a variety of organizations to separate and recycle wood, household goods, building materials, shingles, and recyclables from airline waste; and WHEREAS, Hennepin County, in partnership with PPL Industries, developed one of the first mattress recycling programs in the United States; and WHEREAS, in 1992 Hennepin County established an electronic waste recycling program to manage televisions, computers, and other electronic waste in an environmentally responsible manner which includes all the electronic waste collected by the City of Minneapolis in its residential waste collection program, and recently the County has provided leadership at the state legislature which established the law requiring manufacturers to recycle the electronic products sold in the state; and Page 1 of 4 Page 16 WHEREAS, Hennepin County has established two permanent recycling facilities and conducts three to five events each year at various locations to collect and properly dispose of household hazardous waste including paint, herbicides and pesticides, oil, batteries, and other materials containing toxic compounds often found in households; and WHEREAS, Hennepin County provides information and financial assistance to 22 community organizations to educate their members about the proper methods to manage and dispose of waste and the County has provided $221,665 over the last five years for this effort; and WHEREAS, the Hennepin Energy Recovery Center (NERC) produces enough electricity to power 25,000 homes each year and provides steam to downtown Minneapolis' district heating and cooling system, and producing energy at HERC reduces greenhouse gas emissions by preventing methane gas emissions from the decomposition of organic material in landfills and offsetting the emissions from consuming fossil fuels to produce energy, thereby helping to meet the state's goal of producing 25 percent of energy from renewable sources by 2025; and WHEREAS, Hennepin County has been an active participant in the Solid Waste Management Coordinating Board, a joint powers board of six metro counties whose mission is to increase the efficiency and environmental effectiveness of the Twin City metro region's solid waste management system, since its inception; and WHEREAS, Hennepin County's agreement with Resource Recovery Technologies terminates on August 19 and Hennepin County will no longer be sending waste to the Elk River Resource Recovery Project to produce refuse derived fuel for combustion at Great River Energy; and WHEREAS since HERC's construction, the County has continuously upgraded and updated HERC's environmental technology and emission controls to insure that HERC's air emissions are well within regulatory standards and requirements; and WHEREAS, the U.S. Supreme Court in the case of United Haulers Association v. Oneida -Herkimer Solid Waste Management Authority et al. recently found waste designation or flow control by local governments to be constitutionally permissible under certain conditions; and WHEREAS, expiring contracts, changes in technology, growing interest in organics composting, other recent court decisions and other changes provide an ideal opportunity for the County to transform its solid waste system and reallocate resources to encourage even more recycling and composting of waste; therefore BE IT RESOLVED, that staff be directed to: 1. Review current waste abatement goals and recommend new increased 10 -year targets for waste reduction, recycling and composting; 2. Develop strategies to increase the recycling of materials by County residents and businesses; 3. Review and identify potential revisions to the County's Solid Waste Source Separation Ordinance to support increased recycling and composting; 4. Develop strategies to implement collection of organic waste from all residences in the county and expand capacity to compost collected organics; 5. Evaluate the feasibility, benefits, and costs to manage organic waste by anaerobic digestion and collaborate with the University of Minnesota through the Hennepin -University Partnership; 6. Proceed with the engineering design needed to further reduce nitrogen oxide emissions at HERC; 7. Review and evaluate the County's options to control the management of collected waste through designation, consistent with the recent Oneida -Herkimer decision; 8. Review the various solid waste fees imposed by Hennepin County and make recommendations for changes consistent with the county's new solid waste goals; 9. Develop proposed strategies for attainment of the County's new solid waste goals in conjunction with the Solid Waste Management Coordinating Board; Page 2 of 4 Page 17 10. Pursue opportunities to create new green jobs, especially for low skill, high risk members of our community. Efforts in this realm will include vigorously pursuing relevant funding opportunities through the American Recovery and Reinvestment Act (ARRA) and other federal sources and partnering with employment and training providers. 11. Report back to the Hennepin County Board with strategies and options regarding these initiatives by December 1. 2009. Page 3 of 4 Page 18 Approved Minutes City of Plymouth Planning Commission Meeting August 19, 2009 MEMBERS PRESENT: Chair James Davis, Commissioners Dick Kobussen, Terry Jaffoni, Scott Nelson and Marc Anderson MEMBERS ABSENT: Commissioners Gordon Petrash and Erik Aamoth STAFF PRESENT: Community Development Director Steve Juetten, Planning Manager Barbara Senness, Senior Planner Shawn Drill, Senior Planner Marie Darling, 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 Jaffoni, seconded by Commissioner Kobussen, to approve the August 19, 2009 Planning Commission Agenda. Vote. 5 Ayes. MOTION approved. 5. CONSENT AGENDA A. APPROVAL OF THE AUGUST 5, 2009 PLANNING COMMISSION MINUTES MOTION by Commissioner Jaffoni, seconded by Commissioner Anderson, to approve the August 5, 2009 Planning Commission Minutes. Vote. 5 Ayes. MOTION approved. B. SKYLINE DESIGN, INC. (2009038) MOTION by Commissioner Jaffoni, seconded by Commissioner Anderson, to approve the request by Skyline Design, Inc. for a variance for impervious surface area coverage to allow the construction of a room addition for property located at 1161 Black Oaks Lane North. Vote. 5 Ayes. MOTION approved. 6. PUBLIC HEARINGS A. THREE RIVERS PARK DISTRICT (2009039) Chair Davis introduced the request by Three Rivers Park District for an interim use permit to allow grading/excavation operations for a segment of the Medicine Lake Regional Trail lying north of County Road 47. Page 19 Approved Planning Commission Minutes August 19, 2009 Page 2 Senior Planner Drill gave an overview of the staff report. Senior Planner Drill noted that a letter from Mike and Kim Villafana, 14220 601n Place North, had been received and added to the public record. He said the applicant would address the concerns raised in the letter about drainage and trail location with respect to trees and wetland impacts. Commissioner Nelson asked who owned the strip of land proposed for the trail. Senior Planner Drill said that the outlot is owned by Three Rivers Park District. He said that the smaller, north portion of the trail outlot was recently acquired through park dedication with the plat of Taryn Hills and that the remaining portion of the trail outlot has been owned by Three Rivers Park District for several years. Commissioner Nelson asked bow close the trail would be to the properties that have swimming pools. Senior Planner Drill said that portion of the trail would be roughly centered within the trail outlot, so the actual trail would be about 50 feet from those properties. Commissioner Jaffoni asked about the current condition of the outlot regarding trees and how much excavation would be needed. Senior Planner Drill said that the trail outlot has been left in natural state for several years, since it was acquired by Three Rivers Park District. He said that there are a lot of trees and brush within the trail outlot. He said the extent of fill and grading operations is about 7,800 cubic yards. He said that some grades would need to be adjusted to lessen the steepness of the trail. Commissioner Nelson asked if tree preservation regulations apply in this situation. Senior Planner Drill said that tree preservation does not apply since they are not platting or subdividing property. He said that they would be removing trees for the trail and associated grading and that they are not required to plant trees. Commissioner Kobussen asked about the location of the wetlands that would be impacted. Senior Planner Drill pointed out the wetland fill locations, noting that the majority of wetland fill would take place within the County Road 47 right-of-way in an area that would be impacted in the future when County Road 47 is upgraded. Chair Davis introduced the applicant, Alex Meyer, representing Three Rivers Park District. Mr. Meyer said there are a lot of utilities within the outlot, which present challenges for the trail design. He said that they need to follow the existing slopes over portions of the watermain running under the outlot so as not to lessen the amount of ground covering it. He said they would insulate the watermain as needed. He said that in order to stay out of the wetland located in the southern portion of the trail, it forces the trail into an area that is more wooded. He said that since the time that he originally visited the site looking at significant trees for preservation, other trees have been removed from the site by unknown parties. He said that they would monitor that. Mr. Meyer responded to the letter received, noting that the homeowner thought their rear yard extended into the trail outlot. He said that some of the land they mow is actually part of the trail Page 20 Approved Planning Commission Minutes August 19, 2009 Page 3 outlet owned by Three Rivers Park District. He said that particular home lines up with the wetland area directly to the west, which requires the trail to veer more toward the east within that portion of the outlot. He said that regarding the suggestion that the trail be moved to the west within the Taryn Hills plat, they could not force that developer to sell off lots and put the regional trail there. He said that development has already received plat approval. He added that Three Rivers Park District would not be interested in using taxpayer money to try to acquire more land to relocate the trail when the existing trail outlet has been there prior to any development in the area and the trail complies with all plans. Mr. Meyer said that he has talked twice with the person who wrote the letter regarding the potential for drainage onto their property. He said that a culvert would be installed at the low point of the trail and would drain to the west. He said that they would monitor that area to make sure that water is not caught or trapped there. Chair Davis opened the public hearing. Chair Davis introduced Chuck Pullian, 6105 Dallas Lane North. Mr. Pullian said that the mailed notice indicates that a development sign was posted and asked for clarification on what that means. Chair Davis closed the public hearing. Senior Planner Drill responded that one of the City's blue development signs was placed along County Road 47. He said that is a temporary sign that would be removed upon City Council consideration of the item. He added that he was not sure if the Three Rivers Park District had sent out an additional notice for their regional trail signage. Commissioner Jaffoni asked if reconstruction of County Road 47 would have any impact on this project. Mr. Meyer said that this project had been scheduled to be done two years ago and that some funding comes from the Metropolitan Council that has a deadline for spending. He said that Three Rivers Park District and the DNR do not want to wait for the County Road 47 project because they want to make as many connections to the regional trail as they can while funding is available. Planning Manager Senness said that the upgrade to County Road 47 is not scheduled and would be a number of years in the future. She said that it would be likely that some adjustment would need to be made at that time for the portion of the trail that lies within the County Road 47 right- of-way. Commissioner Anderson said that the trail project had been a long time in coming and that he was very happy to see this project moving forward. He said that this would be a wonderful addition to the City and that he would vote in favor of this proposal. Page 21 Approved Planning Commission Minutes August 19, 2009 Page 4 MOTION by Commissioner Nelson, seconded by Commissioner Anderson, to approve the request by Three Rivers Park District for an interim use permit to allow grading/excavation operations for a segment of the Medicine Lake Regional Trail lying north of County Road 47. Roll Call Vote. 5 Ayes. MOTION approved. B. STONE SOURCE (2009040) Chair Davis introduced the request by Stone Source for a conditional use permit to allow accessory retail sales in a wholesale showroom for property located at 15831 State Highway 55. Senior Planner Darling gave an overview of the staff report. Senior Planner Darling added that the staff is requesting additional time to address the request for variance. She said that staff recommends that the Planning Commission open the public hearing, take any testimony from anyone who wishes to speak on the item and then continue the hearing to the September 2, 2009 Planning Commission meeting. Commissioner Kobussen asked for the location of the applicant in the building. Senior Planner Darling said that the applicant had been located at the north end of the building and when another tenant moved out, they had acquired most of the rest of the building and are now a u - shaped configuration around another existing tenant. Chair Davis opened the public hearing. MOTION by Commissioner Davis to continue the public hearing to the September 2, 2009 Planning Commission meeting. Vote. 5 Ayes. MOTION approved. C. EICHI, INC. (2009034) Chair Davis introduced the request by EICHI, Inc. for a preliminary plat for "Kingsview Heights 5'h Addition" for one single family lot for property located at 44'h Avenue between Harbor Lane North and Juneau Lane North. Chair Davis said that the Planning Commission was keenly aware that neighboring residents had raised questions about the legality of platting and developing the subject property. He said that the legal issues associated with this application would not be addressed this evening; rather, they would be addressed by the City Council and the City Attorney. Chair Davis said that the role of the Planning Commission was to consider whether the proposed plat met the requirements of the Subdivision Regulations and the Zoning Ordinance; therefore, that was what the Planning Commission would focus on in their deliberations. He said that they welcomed anyone who wished to speak and that all comments that relate to legal issues would be forwarded to the City Council and the City Attorney. He said that at the close of the public hearing, the Planning Commission, together with staff and the applicant, would attempt to answer any questions related to the actual development of the property. Page 22 Approved Planning Commission Minutes August 19, 2009 Page 5 Chair Davis said that since there were a number of residents who wished to speak, he requested that anyone with comments supportive of earlier speakers, reference the earlier speaker rather than repeating the same comments. He said that their name and position on the particular issue would still be a part of the public record that would be forwarded to the City Council. Senior Planner Darling gave an overview of the staff report. Senior Planner Darling noted the receipt of additional correspondence that has been added to public record. Chair Davis introduced the applicant, Martin Harstad, President of EICHI Inc. Mr. Harstad said that he owns the outlot property and EICHI, Inc. with his siblings and that the outlet has been in their family for many years. He said that in 1985, this outlot was platted with the 2"d Addition plat. He said that the outlot slopes from the west to the east overlooking the wetland. He said that his father platted the 2"d Addition to create beautiful walk -out lots on the east and that he had envisioned the land to the west would be held until he could purchase the property west of the outlot. He said that in 1987, his father had applied to amend the PUD to add a home on this outlot. He said the request was denied because the 2"d Addition was at the maximum density allowed under PUD. He said that his parents continued to pay property taxes and maintain the outlot and that in 2003, due to his mother's illness, he had assumed the role of managing the family business. He said that had been his first encounter with this outlot and that he has since learned the history of the development and the outlot from his father. He said that in 2004, the four children purchased all of the parcels owned by their parents. Mr. Harstad said that after the passing of their mother, EICHI, Inc. has continued to be actively maintaining the outlot (though not there every day) by mowing, cleaning up fallen trees and by paying taxes. He said that as a builder, he has been aware that the building development industry has been nonexistent due to the economy. He said that this spring, they reviewed all their properties. He said that he met with a City appraiser and Community Development staff and was left feeling that this outlot could be developable, so he went ahead with the wetland delineations and engineering. He said that he and the workers on site have received many comments from neighbors. Mr. Harstad said that he held a neighborhood meeting for adjoining properties and that representatives of seven households that adjoin the outlot and two other neighbors who had heard about the meeting attended. He said that he showed them a plan with a concept house. He said that the house placement by the surveyor reflected an east/west configuration. He said that there have been minor changes to the plan since then. Commissioner Kobussen asked if they were aware that a shed had been built on the outlot and if there were any agreements with the homeowner who built the shed. Mr. Harstad said that he had not known about the shed until he met with the City appraiser and saw the shed on an aerial photo. He said he had met with the neighbor, who was very disappointed that they were contemplating doing something with the outlot. He said the neighbor was also shocked to learn that he was over the property line and that they had reached a mutual agreement that if platted, a lot line adjustment would be made to bring the shed into conformance. Page 23 Approved Planning Commission Minutes August 19, 2009 Page 6 Commissioner Jaffoni said that this is a bit of challenge since the parents were involved in this and now not in a position to answer any questions. She said that the 1987 resolution said the outlet should be conveyed to the Homeowners Association but she understands they still have the deed that was never conveyed and she asked why that had not occurred. Mr. Harstad said that his father was an attorney and that at the time the resolution was passed, it also makes mention to the amending of PUD. He said that his father knew that amending of the PUD was at the discretion of the City. He said that the suggestion of conveying the deed is clearly open to interpretation and that his father always figured that he would have his day in court. He said that it doesn't change the fact that the City Council needed to agree to amend the PUD. He said that the position his father took when they purchased the outlot from him was that they keep it because it's a big piece of land, it's buildable and if someday they couldn't built on it, at the very least, they could get wetland banking credits or something like that. He said that in public records there is a narrative from his parents, there are staff reports and attorneys have reviewed and signed off on documents of the final plat. He said that there were 14 outlets in Kingsview Heights 2nd Addition and four of the outlots were conveyed to the Homeowners Association. He said that Outlet L and Outlet M were platted and developed at a later date. He added that he has requested a meeting with the City Attorney to walk through these issues. Commissioner Kobussen said that some of the outlots have been conveyed to the Homeowners Association, so they should be aware of what outlots were conveyed and what were not. Mr. Harstad said that the Homeowners Association documents are of public record and were recorded with the County. He said that in 1993, the Homeowners Association documents were amended to include the platted Outlots L and M. He said that ownership of Outlet J was never mentioned at the creation of the Homeowners Association or seven years later with the subdivision of Outlots L and M but it somehow ended up in the resolution. He said that the trail to this conclusion would be found by reading through staff reports. Chair Davis opened the public hearing. Chair Davis introduced Tim Walker, 4580 Ithaca Lane North. Mr. Walker said that he is in opposition to this request. He said that a single family home on three acres would be inconsistent with the rest of the neighborhood. He said the other lot sizes are roughly the same and are an acre or less and the homes are also roughly the same style, material and size with similar landscaping. He asked what a concept house is. He said that it is unusual that someone would want to build a home on three acres when the same size of land could be found in other areas that would be more consistent with area property values. He said that he is concerned that his home would suffer in value due to the new home. Chair Davis introduced Dick Meyer, 14515 45h Place North. Mr. Meyer said that he objects to the recommendation to plat this outlot. He said that when they built their home in 1986, they were told that the outlot would not be built on. He said that in 1987, they were notified that the father was looking at building on Outlot J and it was the City's determination to unanimously deny that request. He said the outlot should be in the control of the Homeowners Association Page 24 Approved Planning Commission Minutes August 19, 2009 Page 7 and that at that point in time, Mr. Harstad was the Homeowners Association and there was no control by the residents of the Homeowners Association. He said the Homeowners Association was taken over in February 1988 by the homeowners and that nothing had been brought up about ownership until this notice intending to plat the outlot and sell it as a building site. He said the outlet benefits himself, his neighbors and a lot of wildlife around the pond. He asked the Planning Commission to consider the history of the outlot and what the impact would be on the neighborhood if it was developed. He said that a lot of trees would have to come down and asked what restrictions the new homeowner would have in removing any additional trees. Chair Davis introduced Gary Donahue, 14505 45d' Place North. Mr. Donahue read a letter to be part of the record. He said that their concern is that it will decrease the value of their property. He said that it was their understanding that the resolution passed in 1987 gave the maintenance and ownership to the Homeowners Association. He recommends that the Planning Commission uphold that resolution; furthermore, if that's overturned, he would like to understand from the Planning Commission or from the City Council how to be reimbursed for the loss of value of their property. Chair Davis introduced Dave Smith, 14899 45th Avenue North. Mr. Smith said that he opposes this because Outlet J is the wildlife corridor from Turtle Lake Park and that it would discourage movement for deer and other wildlife in that area. He said that eliminating 34.7% of the mature trees is a lot of trees in such a small area. He said that the value of his property would be diminished greatly and encouraged the Planning Commission to vote against the proposal. Commissioner Nelson asked if the townhouse development was built before or after the single family development. Mr. Smith said that it was developed prior to the development of the majority of homes in Kingsview Heights. Senior Planner Darling said that the plat would have to be looked at for verification. Chair Davis introduced Todd Anderson, 4510 Juneau Lane North. Mr. Anderson said that when they were looking for their first home in 1986, this property caught their eye because of the heavily wooded outlot. He said at that time Hans Hagen was developing the Tyrell addition. He said his builder confirmed that Outlet J was part of the open, common space of Kingsview 2nd Addition and gave him a copy of the recorded plat map dated August 12, 1985. He said that builder Craig Sherber was successful in getting a utility easement through the outlot and that the City upheld the easement because of the open space. He said that in August 1987, Outlot J was proposed to be platted and he attended the Planning Commission meeting. He said he was surprised that the outlot was not in the Homeowner Association's title as upheld by the City Council that it should be in the 2"d Addition Homeowners Association. He said that in platting, the Homeowner Association documents were only prepared by the Harstads and that no Homeowner Association was even involved with determining those final outlots. He said that more than 4 lots were deeded to the Homeowners Association for public trail space and that private outlots were intended, with Outlot J included. He said this would negatively affect his property value and the privacy of his property. He added that the Homeowners Association had no control over not including Outlot J in their ownership. Page 25 Approved Planning Commission Minutes August 19, 2009 Page 8 Chair Davis introduced Chester and Josephine Cizio, 14870 45s' Avenue North. Mr. Cizio said that he emphasizes what the neighbors have said that when purchasing their properties, they were told that Outlot J was common land and would never be built on. He said this was confirmed with the City two years later when trees were down and he called to find out about removing them himself. He said that he had done mowing upkeep at one time. Ms. Cizio said the trees are beautiful and wildlife is seen there. She said that most of the outlet is wetland and trees and that she cannot imagine this could be allowed to be built on. She said that the lots are small and that this strip of land is enjoyed by all in the neighborhood. She said she could see the applicant's view that he pays the taxes but asked how could he pay them when the outlet was given to the neighborhood and now he wants to reclaim common land when laws change. She said that all this nature is needed so she really opposes this. Chair Davis introduced Mike Jogodka, 4355 Ithaca Lane North. Mr. Jogodka said that he is in opposition to the development. He said that he is in the Homeowners Association, which has 214 houses. He said that seven houses north of him have never paid the association fees because the land was sold before the Homeowners Association documents were filed with the County. He said that he has paid a disproportionate share of association fees to maintain seven blocks of walking path, a kiddy park and these outlots for 23 years. He said that this is one outlot that the title is in question of who is the owner. He said that Mr. Harstad says that he owns the property but that he has not paid association fees for 23 years and that's over $50,000 of fees for park maintenance and street walking paths. Mr. Jogodka said that there had been a 10 -inch rainfall in July 1990 that put this outlot under water and the City had barricaded the street for two weeks. He said that the normal height of the pond is 976 feet above sea level and the street is 977 feet, so there is only one foot of height between the pond and street. He said the DNR told him that they did a study and that pond is on their protected list of ponds and nothing can be built on a piece of property that is 975.5 inches or less. The difference between this elevation and the road or driveway is less than five or six inches. Mr. Jogodka said that people have mentioned the wildlife there and he wanted to add that there are two nesting trumpeter swans with babies in that pond. He said that in today's paper, there were documents that explained what trees can be and cannot be cut down and an explanation for what the City of Plymouth considers mature trees. He said to compare the 34.7% of trees to be removed with the fact that these mature trees require so many inches of root space between the tree and a building site or they will die. He said that this outlot is the drainage for 300 houses in the neighborhood and he asked if the City was going to be responsible for pumping this outlot dry for the new homeowner so that they could use their driveway. Chair Davis introduced Mark Caprio, 4465 Harbor Lane North. Mr. Caprio said that he was told by owners and also verified via resolution that this was an outlot and not buildable. He said that the difference between "shall" and "should" is legalese. He said that if legal or not, it does not Page 26 Approved Planning Commission Minutes August 19, 2009 Page 9 make it right or wrong. He said that the Planning Commission knows what is right, so don't go with this thing because of legalese but do what's right and oppose it and vote against it. Chair Davis introduced Steve Burkstrand, 14800 44'h Place North. Mr. Burkstrand said that everything that he intended to say had been said. He said that it was his understanding that those outlots were not buildable. He said that he has spent thousands of dollars landscaping along that trail and receives thanks every day. He said that he sees hundred of people that go through there and they all appreciate the beauty of the area. He said that to put a house in the middle of that would be a huge disservice to the community. Chair Davis introduced Todd Baumgartner, 4090 Minnesota Lane North. Mr. Baumgartner said that he is President of Kingsview Heights Homeowners Association, a developer and an attorney. He said that he understands that there are a lot of issues going on here. He said that he doesn't have a problem with someone developing a piece of property that they own. He said that he has a big problem when 22 years ago, someone brings a plat before the City with the representation that there would be a certain number of open space and outlots and takes advantage of that for density purposes and indicates it would be part of the Homeowners Association. He said that the only documentation he has seen indicates that this property was supposed to be deeded to the Homeowners Association. He said it was very clear that in 1987, the City looked at the exact same issue and made a determination that this outlot was supposed to be part of the Homeowners Association. He said that it is typical for Homeowners Associations to be turned over to the homeowners after a certain percentage of the homes are built. He said that none of the board members had any idea that Outlot J was even a possibility to be part of the Homeowners Association because nothing is on record. He said that staff reports do not make any mention that this was brought forward to the City in 1987 and he would like an explanation of that. Mr. Jogodka added that one other important issue is that the declaration document for the Kingsview Heights Homeowners Association explains that the developer shall have the right, without the consent of the Association, to add additional real property to the general plan of the development until December 31, 1989. He said that twenty years ago, the developer was barred from making any additions or changes to the development. He said that the Homeowners Association declaration, with the Harstad signatures, had been given to the City Attorney. A copy of this document was received and made part of record. Mr. Smith said that there have been a number of residents who pick up all the trash on the outlet. He said that he hadn't heard that anyone is in favor of this and he encourages the builder to give the outlot over to the neighborhood and let the residents take care of it. Chair Davis introduced Chuck Simmons, 14620 44`h Avenue North. Mr. Simmons said that he has been the one who has been taking care of the outlet for the past ten years. He said that he has been doing the mowing and when any trees come down, he calls Mr. Harstad for reimbursement. He said that the other side of the outlot is maintained by the City, so it has been at the taxpayers expense to maintain the other side. Page 27 Approved Planning Commission Minutes August 19, 2009 Page 10 Chair Davis introduced Brad Cleveland, 4520 Juneau Lane North. Mr. Cleveland said that he seconds everything that had been said. He said that there was confirmation from the City that nothing would ever happen to this outlot. He added that removing 34.7% of the trees would mean that about one-half of the trees in his backyard would disappear, which would be a terrible thing. Chair Davis closed the public hearing. Senior Planner Darling said that the net acreage for the site is 1.7 acres with 1.4 additional acres contained within the wetland. She said at this stage, the developer is showing that a house could be constructed above the wetland and still meet setbacks. She said that site plans are not reviewed for single family homes until the building permit application process. She said that the footprint of the concept house was similar to other homes in the area. Senior Planner Darling showed a number of graphics depicting a typical Plymouth home on the subject site. They demonstrate the views into the site from neighboring properties should a home be constructed. Senior Planner Darling said that she did talk with City appraisers and property values would be looked at on a case-by-case basis. She said she was told that it would be extremely rare for one new house to affect the value of other homes. Senior Planner Darling said that she was not familiar with the article from the paper but the Subdivision Regulations consider a preserved tree as a tree that has no more than 25% of its critical root area disturbed by construction. She said the critical root area is defined as one foot out from a tree for each one inch of diameter, so a 36 -inch tree would have a root area of 36 feet out in a circle around the tree. She said the application shows some of the trees would be removed and some disturbed. She said the applicant was conservative in what they considered disturbed and not disturbed in case the house plan differed from the concept or if they would need to make adjustments for grade in order to construct a home. Mr. Harstad said that he had been in contact with a couple of builders and one particular builder has a potential client that would be interested in building a rambler style home on the outlot. He said that it's highly unlikely that someone would come in and build a multimillion dollar home on this outlot because it would be financial suicide to try to sell the home at a later date. He said that the home constructed would be comparable to those in the neighborhood. He said that a person buying the outlot would be buying it for the woods, wetland and wildlife. He said that a wooded lot is more valuable than a lot without trees. Mr. Harstad said that as far as lot sizing, there are a lot of wetland and woods that are not being proposed for removal, so the corridor would still remain there for wildlife. He said that no wetland fill would be proposed. He said that they would be creating a wetland buffer, which would encompass part of the area that is being mowed today. He said that there is a lot of frontage and that he is concerned about plans for future roadway reconstruction. Page 28 Approved Planning Commission Minutes August 19, 2009 Page 11 City Engineer Moberg said that according to the documents submitted by the applicant, the plans indicate a flood elevation of 976.3 feet. He said that the City Ordinance requires that the lowest elevation adjacent to a wetland would be at least two feet above that to be consistent with state law. City Engineer Moberg said that he did check with City maintenance, who regularly maintain the sewer system, and going back there has been no recent flooding or maintenance problems. He said that there has been history in this neighborhood for maintenance workers to remove lumber/timber from the pipe as apparently folks have had an interest in keeping water levels high, which may have contributed to past water issues. Commissioner Anderson asked if there would be an emergency overflow and where water would go in case of a clogged culvert to prevent flooding into the homes. City Engineer Moberg said that at the time that these areas were platted, development requirements were in place for minimum flood elevations. He said that emergency overflow for this site would most likely be over the street flowing to the south. Commissioner Kobussen said that he walked the subject property and he doesn't think that taking out trees would make a substantial difference. He said that if development occurs, a single family home would be the best choice. He said that the 1987 requirements have gone away and that it is definitely a buildable lot. Senior Planner Darling responded to Commissioner Jaffoni that the sanitary sewer easement that runs through the outlot was likely acquired by the City with development and that it would actually cross the driveway. She confirmed that the easement is 10 feet wide on either side of the pipe for a 20 -foot total width. Commissioner Jaffoni said the 1987 staff report states that Harstad would be assessed for the costs incurred on the sanitary sewer easement if the land were to be developed. Senior Planner Darling said that if buildable, they would have to pay trunk area assessments for water and sewer. Commissioner Jaffoni said that she also walked this property. She said that she hears that this outlet would definitely be buildable but that it is hard for her to see that it would be very desirable to do that. Planning Manager Senness said that staff relies on whether something is buildable or not if it meets setbacks and if it meets tree preservation requirements etc. to make their recommendation. Commissioner Jaffoni asked if tree preservation states how many removed trees would be disturbed trees. Senior Planner Darling said that 34.7% of the trees would either be removed or disturbed but the City Ordinance does not distinguish between the two. Senior Planner Darling responded to Commissioner Jaffoni that the City requires a silt fence to prevent erosion and runoff. She said that the site would have to be inspected before a building Page 29 Approved Planning Commission Minutes August 19, 2009 Page 12 permit would be issued and the City has silt fence standards in place that would be detailed and the fence would be inspected throughout construction. Mr. Harstad responded to Commissioner Kobussen that the City's tree ordinance requires that they locate all significant trees on the site, without discriminating against a type of tree. He said that the size, species and location of the tree is represented by a different colored ribbon on the site and shown on the concept plan as to what trees would come down if that particular house would be built. Planning Manager Senness added that the trees that are marked are the significant trees and those that are not marked are smaller trees. Mr. Harstad responded to Commissioner Kobussen that at the neighborhood meeting, he said that if someone would like to buy the outlot or if anybody would like a lot line adjustment to contact him but he had not heard from anyone other than the property owner to the north. He said that he would not be giving land away but that he would not be selling it for $20,000 either. Commissioner Anderson said that from a land use issue, his point of view is that this application meets all the standards. He said the one issue seen here is whether the Homeowners Association has equitable interest in the land. He said that he hears very much what is being said and part of him is in agreement but the conversation on that point needs to be with the City Council, Commissioner Jaffoni said that she concurs with Commissioner Anderson that the problem here is that it is a legal question. She said that there were things that went on in 1987 and then in 1996 with the zoning change from PUD to being zoned where it could be developed. She said that she doesn't know if residents got notices back in 1996 but that was the opportunity to raise concerns about the history and ownership. She said it is a very beautiful piece of property and she understands the resident's concerns. She said that from the Planning Commission's prospective and role, they can't make a decision on the legal question but only make a recommendation strictly on whether the preliminary plat meets the requirements and it does. She said that the legal question would have to be taken up with the City Council and the City Attorney at the appropriate time. Commissioner Nelson thanked both parties for participating. He said that he could see both sides and it is a tough issue for both. He said that the Planning Commission's role is to review the plat and see if it meets the standards. He encouraged both sides to keep working out whatever needs to get worked out. Commissioner Kobussen thanked all the people for participating. He said that what was done in 1987 doesn't apply today and the Planning Commission has to enforce that and the City Council would have to enforce the legal issues. Planning Manager Senness responded to an inquiry that this agenda item is scheduled for the September 8, 2009 City Council meeting and that the agenda and staff report would be posted on the City website the Friday before the meeting. Page 30 Approved Planning Commission Minutes August 19, 2009 Page 13 MOTION by Commissioner Anderson, seconded by Commissioner Nelson, that given questions raised by residents and the discussion by the Planning Commission with regard to past City actions associated with Outlot J, Kingsview Heights 2"d Addition, the Planning Commission recommends that the City Council and City Attorney determine the legal standing of these past actions and whether Mr. Harstad has the right to plat and build a house on the subject property. If the City Council determines that Mr. Harstad does have the legal right to plat and build on the property, the Planning Commission, based on land use issues, recommends approval of the preliminary plat for Kingsview Heights 5'h Addition for the construction of one single family home located at 44`h Avenue between Harbor Lane and Juneau Lane, subject to the conditions in the draft resolution. Chair Davis said that this situation is very unfortunate. He said that the 1987 documentation from the Planning Commission and City Council reflects that this outlot had been intended to be private open space. He said that now in 2009, the outlot seems to be developable and we don't know how that occurred. He said that his preference would be for the outlot to remain common open space but that the Planning Commission does not have authority to reverse what happened. He said that given the current conditions, he would have to vote in favor of development. He said that he encourages the residents to keep discussing this issue because we understand where they are coming from. Roll Call Vote. 5Ayes. MOTION approved. NEW BUSINESS 8. ADJOURNMENT MOTION by Chair Davis, without objection, to adjourn the meeting at 9:20 p.m. Page 31 MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MN 55447 DATE: August 28th, 2009 TO: Laurie Ahrens, City Manager CC: Eric Blank, Mike Goldstein, Diane Evans FROM: Mark S. Peterson, Superintendent of Parks SUBJECT: Bass Lake Update I thought I would take a few moments to update you on the status of the Bass Lake list. 1. We have locations done for the installation of the posts and chain across the parking lot. Installation will take place during the week of August 31st. Locks and keys will be given to the Police Department. It appears as though volunteers will open the gate in the mornings. 2. Trees have been pruned up between the tennis courts. 3. Extra trash receptacles have been put out. 4. We have estimates for the lo' fence on the north end of the basketball court. We will also be looking at other alternatives such as relocating the courts including estimates. 5. We will be readjusting the timing of the lights to coincide with the actual closing time of the park as per police recommendations. If you have any further questions, please let me know. . �x wa•,� m�� intemet files\content.outlook\400whas8\basslake-8-28-2009.docx Page 32 Minneapolis Area Local A ® American Postal Workers Union • AFL-CIO A~ AFCAN EO WITH A MINNESOTA AMERICAN POSTAL WORKERS UNION AMERICAN FEDERATION OF LABOR • CONGRESS INDUSTRIAL ORGANIZATIONS MINNEAPOLIS CENTRAL LABOR UNION COUNCIL, AFL-CIO MINNESOTA FEDERATION OF LABOR, AFL-CIO MAILING ADDRESS: 12344th Street N.E. • Minneapolis, Minnesota 55413 • (612)623-0677 • Fax (612)623-3214 sig August 28, 2009 The Honorable Kelli Slavik Mayor, Plymouth Minnesota 3400 Plymouth Blvd Plymouth, MN 55447 - 1482 Dear Madam Mayor, RECEIVE AUG 31 2009 BY: In June of this year we learned that the United States Postal Service (USPS) was considering closing the Plymouth Post Office! This office was part of a hastily formed venture by USPS Headquarters that is referred to as the Station and Branch Optimization and Consolidation (SBOC) initiative that was targeting thousands of post offices throughout the United States. In addition to the Plymouth Post Office nine other offices within the 554 delivery zone and others throughout the State of Minnesota were also being considered for closure. Due to legislative contacts and a compilation of early efforts including action by some citizens of Plymouth on July 28, 2009, USPS Northland District Manager, Anthony Williams notified us that the offices within the 554 delivery zone were no longer under consideration for closure. While the most imminent threat to the Plymouth Post Office appears to be over for the immediate future this letter is an attempt to reach out in an effort to help stop any eleventh hour attack on services in the future. If the USPS moves to close an office and does not encounter significant pressure to explain their actions they may follow through with a swift and probable irreversible gutting of postal services that are essential to many citizens of Plymouth and elsewhere in Minnesota. Additionally, I would like capitalize on what we have learned from this incident to ensure that if there is a next time the USPS is required to make the citizens of Plymouth aware well in advance of any decision to close a post office they rely upon for vital services. I invite you and/or the council to call me at your convenience with any questions, concerns or suggestions that may help preserve postal services for the City of Plymouth, its Citizens and Businesses. Sincerel Jerry irois, President Phone: 612-623-0677 Fax: 612-623-3214 Cc: City Council Judy Johnson Kathleen Murdock Bob Stein Ginny Black Tim Bildsoe Jim Willis Page 33 rp) City of Plymouth Adding Quality to Life i u September 4, 2009 SUBJECT: COMPREHENSIVE PLAN AMENDMENTS, REZONING, PRELIMINARY PLAT AND PUD GENERAL PLAN FOR CENTEX. (2009046) Dear Resident/Land Owner: Pursuant to the provisions of the Plymouth Zoning Ordinance, this letter is to inform you of a request by Centex, under File No. 2009046, for approval of the following items for a subdivision to be called "Elm Creek Highlands" for the roughly 80 -acre site located at the northeast corner of Peony Lane and Schmidt Lake Road: 1) two comprehensive plan amendments (one to readjust the land use designations and one to amend the 2030 Water Distribution Plan; 2) a rezoning from FRD (Future Restricted Development) to PUD (Planned Unit Development) 3) a preliminary plat to create 70 single -Family lots and 4) a PUD General Plan. 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, September 16, 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, V416ynK�o Barbara G. Senness, AICP Planning Manager notices/2009/2009046propnotice.docx 3400 Plymouth Blvd • Plymouth, Minnesota 55447-1482 • Tel: 763-509'5000 • www.ci.plymouth.mn.us Page 34 i 3400 Plymouth Blvd • Plymouth, Minnesota 55447-1482 • Tel: 763-509'5000 • www.ci.plymouth.mn.us Page 34 City of Plymouth Adding Quality to Life September 4, 2009 SUBJECT: CONDITIONAL USE PERMIT FOR THREE RIVERS PARK DISTRICT (2009049) 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 for a conditional use permit for special lighting at the Eagle Park Regional Park miniature golf course located at 11000 County Road 10. 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, September 16, 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 feet 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, 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) 509-5450. Sincerely, �AA�✓ y4l l'-4'7 Barbara G. Senness, AICP Planning Manager 2009049propnotice 3400 Plymouth Btvd • Plymouth. Minnesota 55447-1482 • Tel: 763-509-5000 www d.ptymouth.mn.u5 `A, Page 35