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Council Information Memorandum 04-06-2007
UPCOMING MEETINGS AND EVENTS Environmental Quality Committee Agenda for April 11 ....................................................... Page 2 Charter Commission Agenda for April 11............................................................................. Page 3 Park and Recreation Advisory Commission for April 12 ...................................................... Page 4 April, May, and June 2007 Official City Meeting Calendars ................................................ Page 5 Tentative List of Agenda Items for Future City Council Meetings ..................................... Page 11 INFORMATION News Articles, Releases, Publications, Etc ... Plymouth Human Rights Commission Names Winners of Middle School Essay Contest................................................................................................................................. Page 12 Star Tribune: Metro Growth Cools..................................................................................... Page 14 MEETING MINUTES March 21 Planning Commission ......................................................................................... Page 17 CORRESPONDENCE Letter to Plymouth Resident or Business Owners of the Four Seasons' Neighborhood Regarding Bank Robbery Stand -Off on March 30.............................................................. Page 29 Letter Regarding Minor Subdivision for Lyle Garon (2007026) ......................................... Page 30 Letter Regarding Variance for Cory and Ellen Tell (2007024) ........................................... Page 31 Letter Regarding Variance for Patricia Zalaznik and John Gorman (2007032) ................. Page 32 Letter Regarding Petroleum Tank Release Site File Closure, Mister Car Wash, 11320 Highway 55, Site ID # LEAK00013739................................................................... Page 33 LEGISLATIVE ITEMS League of Minnesota Cities (LMC) Friday Fax.................................................................. Page 35 ENVIRONMENTAL QUALITY COMMITTEE AGENDA April 11, 2007 WHERE: MEDICINE LAKE ROOM 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. 2. 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. 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 onn items added to the agenda. 4. CONSENT AGENDA* A. Approve the March 14, 2007 Enviromnental Quality Committee Minutes S. PRESENTATIONS A. City of Plymouth Natural Resource Inventory; David Thill, Hemlepin County Environmental Services B. City of Plymouth, EPA Phase II Loading Assessment; Greg Wilson, Bair Engineering 6. REPORTS AND STAFF RECOMMENDATIONS A. Watershed Management Organizations B. Property Manager's Forum and Lunch C. Water Resources Management Plan Minor Amendment: Updating Water Quality Policy 2.1 and 2.2 D. Plymouth Creek Phase I — Feasibility Report for Construction of the West Medicine Lake Park Pond 7. FUTURE MEETINGS: May 9, 2007 ® Solid Waste Management Plan 8. ADJOURNMENT AGENDA Plymouth Charter Commission Special Meeting Wednesday, April 11, 2007 Medicine Lake Room 7:00 p.m. 1) Roll Call. 2) Approval of Minutes. 3) Reports of the Chair. 4) Unfinished Business. None. 5) New Business. A) Term limits for Charter Commission members. B) Tenn limits for Officers. C) Policy and practice issues. 6) Adj ourn. Regular Meeting of the Park and Recreation Advisory Commission April 12, 2007, 7 p.m. I. Call to Order 3. Visitor Presentations a. Athletic Associations b. Staff - Diane c. Others 4. Report on Past Council Action a. Approve C.I.P. 2007-2011 S. Unfinished Business a. Update on Comp Plan b. Update on Greenwood Building/Zachary Baseball 6. New Business a. West Medicine Lake Park/Water Quality Pond- Bob Moberg (City Engineer) b. Public Arts Policy- Diane / Karol 7. Commission Presentation 8. Staff Communication Next regular meeting - Thursday, May 10, 2007 o\staff\eric\prac\agendas\2007\Jan. doc ur r ICIAL CITY MEETITI TGS Anril 2007 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 PASSOVER BEGINS AT SUNSET 7:00 PM PLANNING COMMISSION, Council GOOD FRIDAY Chambers 8 9 10 11 12 13 .14 EASTER SUNDAY F 5:30 PM BOARD OF EQUALIZATION, Council Chambers 7:00 PM REGULAR 6:00 PM ENVIRONMENTAL QUALITY COMMITTEE (EQC), Council Chambers F7,00 PM PARK & REC ADVISORY COMMISSION(PRAC), Council Chambers PRIMAVERA PLYMOUTH ARTS COUNCIL SHOW, Plymouth Creek Center PRIMAVERA PLYMOUTH FINE ARTS COUNCIL SHOW Plymouth Creek Center COUNCIL MEETING, Council Chambers 7:00 PM Charter Commission M" Medicine Lk Rin IS 16 17 18 19 20 21 6:30 PM YOUTH ADVISORY COUNCIL, Parkers Lake PRIMAVERA PLYMOUTH FINE PRIMAVERA PLYMOUTH FINE ARTS COUNCIL SHOW, Plymouth Creek Center 7:00 PM PLANNING COMMISSION, Council Chambers 7:00 PM HOUSING & REDEVELOPMENT AUTHORITY (HRA), Medicine Lake Room A 6:00 PM YARD AND GARDEN EVENT, Plymouth Creek Center 8:00 AM YARD AND GARDEN EVENT, Plymouth Creek Center ARTS COUNCIL SHOW, Plymouth Creek Center 22 23 24 25 26 27 28 5:30 PM BOARD OF 7:00 PM PLYMOUTH EQUALIZATION (RECONVENED), Council ADVISORY COMMITTEE ON chambers ' 6 � Ptd YOUTH aiSVISGRYcauNe14 - YouTHj.EAOERSHi� CbNFERE�lDE, plym uth 7:00 PM REGULAR COUNCIL MEETING, Council Chambers TRANSIT (PACT), Medicine Lake Room A 29 30 rtlaonM t30�(� FrrpbyOeirk�che� piynoanrcene( _' May 2007 S M T W T F S 1 2 3 4 5 Mar 2007 S M T W T F S 1 2 3 4 5 6 7 8 9 10 6 7 8 9 10 11 12 11 12 13 14 15 16 17 13 14 15 16 17 18 19 18 19 20 21 22 23 24 20 21 22 23 24 25 26 25 26 27 28 29 30 31 27 28 29 30 31 modified on 4/6/2007 w OFFICIAL CITY MEETINGS A/lav 2007 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 7:00 PM PLANNING COMMISSION, Council Chambers 3 7:00 PM HUMAN RIGHTS COMMISSION, Parkers Lake Room 4 S Apr 2007 S n1 T W T i S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 6 7 8 9 10 11 12 6:00 PM CITY COUNCIL STUDY SESSION -STREET SWEEPING PROGRAM, Medicine Lake Conference Room 6:00 PM ENVIRONMENTAL QUALITY COMMITTEE (EQC), Medicine Lake Rooms A & B 7:00 PM PARK & REC ADVISORY COMMISSION(PRAC), Council Chambers 7:00 PM REGULAR COUNCIL MEETING, Council Chambers 13 14 15 16 17 18 19 7:00 PM PLANNING COMMISSION, Council Chambers 7:00 PM HOUSING & REDEVELOPMENT gUTHORRY(HRA), Medicine Lake Room A 20 21 22 23 24 25 26 6:30 PM YOUTH ADVISORYCOUNCIL, Parkers Lake Room 6:00 PM CITY COUNCILSTUDY SESSION- ORGANIZED GARBAGE COLLECTION, Medicine Lake Conference Room 7:00 PM PLYMOUTH ADVISORY COMMITTEEON TRANSIT (PACT) , Medicine Lake Room A 7:00 PM REGULAR COUNCIL MEETING, Council Chambers 27 28 29 30 31 Jun 2007 MEMORIAL DAY (Observed) - City Offices Closed S M T W T P S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 modified on 4/6/2007 8 OFFICIAL CITY MEETINGS .Tune 2007 Sunday Monday Tuesday I Wednesday Thursday Friday Saturday Jul 2007 1 2 May 2007 S M T W T F S S M T W T F S 1 2 3 4 5 1 2 3 4 5 6 7 6 7 8 9 10 11 12 8 9 10 11 12 13 14 13 14 15 16 17 18 19 15 16 17 18 19 20 21 20 21 22 23 24 25 26 22 23 24 25 26 27 28 27 28 29 30 31 29 30 31 3 4 5 6 7 8 9 7:00 PM PLANNING COMMISSION, Council Chambers 10 11 12 13 14 15 16 6:30 PM YOUTH ADVISORY COUNCIL, Packers Lake Room 6:00 PM CITY COUNCILSTUDY SESSION - 2006 AUDIT PRESENTATION, Medicine Lake Conference Room 6:00 PM ENVIRONMENTAL QUALITY COMMITTEE (EQC), Medicine Lake Rooms A & 6 7:00 PM PARK & REG ADVISORY COMMISSION (PRAC), Council Chambers Flag Day 7:00 PM REGULAR COUNCIL MEETING, Council Chambers 17 18 19 20 21 22 23 7:00 PM PLANNING COMMISSION, Council Chambers 7:00 PM HOUSING & REDEVELOPMENT AUTHORITY(HRA), Medicine Lake Room A 24 25 26 27 .28 29 30 6:30 PM YOUTH ADVISORYCOUNCIL, Parkers Lake Room 6:00 PM CITY COUNCILSTUDY SESSION -SPECIAL ASSESSMENT POLICY, Medicine Lake Conference Room 7:00 PM PLYMOUTH ADVISORY COMMITTEEON TRANSIT (PACT), Medicine Lake Room A ' 7:00 PM REGULAR COUNCIL MEETING, Council Chambers modified on 4/6/2007 I Tentative Schedule for City Council Agenda Items April 24, Board of Equalization Reconvened, 5:30 p.m., Council Chambers April 24, Regular, 7:00 p.m., Council Chambers • Receive donation from the Wayzata Hockey Association for the third sheet of ice • Approve school liaison contract with School District No. 281 • Approve contracts for Comprehensive Plan • Approve conditional use permit to allow an attached garage to exceed 1,000 square feet in gross floor area for property located at 5615 Glacier Lane North. John Staby, Inc. (2007015) • Rezoning from FRD (Future Restricted Development) to RSF-2 (Single Family Detached 2) and preliminary plat to create 10 single-family lots for property located at 3120 Dunkirk Lane. Gonyea Development, LLC. (2007002) (Tabled from March 13) • Rezoning from FRD (Future Restricted Development) to RSF-1 (Single Family Detached 1) for property located at 3120 Dunkirk Lane North. City of Plymouth. (2007025) • Approve agreement with School District No. 281 to provide school resource officer services • Proclamation Declaring April 28 as "The Great Shingle Creek Watershed Cleanup Day" • Hearing on 3.2 Liquor License for Uncle Frai-Acy's, 10160 6th Avenue North May 8, Special, 6:00 p.m., Medicine Lake Room • Discuss Street Sweeping Program May 8, Regular, 7:00 p.m., Council Chambers May 22, Special, 6:00 p.m., Medicine Lake Room • Discuss organized garbage collection May 22, Regular, 7:00 p.m., Council Chambers June 12, Special, 6:00 p.m., Medicine Lake Room • 2006 Audit Presentation June 12, Regular, 7:00 p.m., Council Chambers June 26, Special, 6:00 p.m., Medicine Lake Room • Discuss Special Assessment Policy (interest rate, duration of payout. period) June 26, Regular, 7:00 p.m., Council Chambers July 10, Regular, 7:00 p.m., Council Chambers July 24, Regular, 7:00 p.m., Council Chambers • Announcement of "National Night Out" on August 7 1 Note: Special Meeting topics have been set by Council; all other topics are tentative. City of Plymouth News Release For Immediate Release Contact: April 3, 2007 Jeanette Sobania 763-509-5070 Plymouth Human Rights Commission Names Winners of Middle School Essay Contest Wayzata Central Middle School student Meghna Sohoni earned top honors in the Plymouth Human Rights Commission's annual middle school essay contest. It was the second year in a row that the seventh grader's work was selected for the top prize in the blind judging of the essay competition. Sohoni's essay will advance to the statewide competition, sponsored by the League of Minnesota Human Rights Commissions. In addition to Sohoni, the Plymouth Human Rights Commission recognized six other middle school students for their essays. Two students tied for second place -- Bridget McNiff, a sixth grader from Wayzata East Middle School, and Katherine Pak, a sixth grader from Wayzata Central Middle School. The commission also selected four additional essays as "worthy of commendation." Students submitting those essays were: . • Jemiie Althoff, Wayzata Central Middle School seventh grader; • Christina Gu, Wayzata Central Middle School sixth grader; • Emily Umland, Wayzata East Middle School sixth grader; and • Graham Swenson, Wayzata East Middle School sixth grader. This year's essay contest, which asked entrants to share their thoughts on irmnigration, drew 36 entries. The contest was open to all sixth, seventh and eighth grade students living in or going to school in Plymouth. The purpose of the contest is to encourage middle school students in Plymouth to think about the implications of human rights in their own lives, the lives of their family members, their community, their nation, or the entire world, according to Jeanette Sobania, City of Plymouth staff liaison to the Human Rights Commission. The Plymouth Human Rights Commission is a citizen advisory group appointed by the Plymouth City Council. The commission meets quarterly at Plymouth City Hall. Meetings are open to the public. For upcoming meeting dates, visit the City of Plymouth web site, www.ci.plymouth.mn.us, or call 763-509-5000. metro growin cools nnp:iiwww.starLrIDune.com/4o//v-prinustory/i wi46y.nimi tafirl,ibune.com I I IN APOIIS -'ST. PAUL, MINNESOTA! I' ESOT Last update: April 04, 2007 - 10:44 PM Metro growth cools After a population surge in the'90s, things in the Twin Cities metro area have cooled some, according to a report from the U.S. Census Bureau. By David Peterson, Star Tribune Before the month is over, Scott and Karen Hanson are outta here. They're heading to Texas, where Scott has a new job with his current company, 3M. "For me personally, I like it up here," Karen Hanson said. "I do really enjoy Minneapolis. I'm not looking forward to the heat in Houston all year round. But my sister lives in Dallas, and she absolutely loves it. She never really cared for the cold." A report today from the U.S. Census Bureau will suggest that the Hansons have plenty of company. After its population boomed in the 1990s, the Twin Cities metro area is still growing, but at a much slower rate. In the '90s, the Twin Cities ranked 37th in its growth rate among the 97 American metro areas with populations over half a million. So far this decade, it ranks 51st. If the previous pace had continued, the federal estimates suggest, we'd have 50,000 more people than we actually have, roughly the equivalent of another Apple Valley. The population of the 13 -county Twin Cities metro area is currently about 3.2 million, the Census Bureau estimates. "It wasn't that long ago that people from the Sun Belt were actually moving here for jobs," said Tom Gillaspy, the state demographer. "Now that's been reversed." What's happening here is happening in lots of northern metro areas -- in places like Chicago, for instance, or Seattle, other areas where growth has slowed. One theory: As long as its economy is red hot, a northern city can easily pull people in. But when job growth slackens, the natural tendency is to head for the sun. "A hot job market counteracts cold weather," said William Frey, a demographer with the Washington, D.C.-based Brookings Institution. The flow to the south is likely to swell gradually in the years to come, experts say, as an aging population opts to spend its retirement years in warmer climes. "About two years ago in Minneapolis, I think there'd been about 20 straight days 1 of 3 3 4/5/2007 11:12 AM ivietro groMn cods nup://www.stanrioune.coiti/,4oL/v-print/story/i i u i4ay.nrmi of rain," said Ed Geffon, 63, who moved with his wife, Liz, from Eden Prairie to Las Vegas about a year ago. "And I said to my wife, 'Either I put a gun to my head or let's move.' I mean, on the Golf Channel, every other city seemed to have green grass and blue sky!" Noting that there is still growth in the Twin Cities, Frey said, "Compared to some Midwest metros, you're doing quite well. Places like Cleveland and Pittsburgh are hemorrhaging." But much of the area's growth is because of a still -robust flow of immigrants, combined with a birth rate that depends in good measure upon the immigrants who arrived in the past couple of decades. Without international arrivals, the Census Bureau reports, and setting births aside, the net flow of comings and goings would end up in a loss of population. More people, more traffic A more moderate rate of growth would be welcomed by many. Hypergrowth in the '90s in the Twin Cities contributed to one of the nation's fastest -rising rates of traffic congestion. And Minnesotans leaving for the Sun Belt acknowledge that they either dread the prospect of -- or are experiencing -- traffic that can be worse. In Houston, Karen Hanson said, "the commute will be so horrendous that we have to focus on living right around the office." In Vegas, Ed Geffon agreed. "Traffic is horrible here -- worse than California." Gary LaFleur, 55, said that he and his wife, Kim, were vacationing in San Diego three years ago when they simply chose, spontaneously, to buy a home there. "I frankly love San Diego," the attorney said. "It's a lovely, wonderful area of the world to live in." He misses the arts scene back home, dislikes the traffic and the price of gas, and, having been a serious candidate for a judgeship back in Ramsey County, was not at all amused at having to take a bar exam again. "Not fun," he said. On the whole, though, "it's paradise." And that's the rub for the Twin Cities, said Minnesota demographer Gillaspy, who grew up in Houston. "For many people, all other things being equal, a job in San Diego is simply better than a job in Minnesota." The Census figures are just estimates, not hard and fast numbers. And local experts differ on how sharply to question them. Challenging the numbers Todd Graham of the Metropolitan Council said his agency has real problems with the figures. "We feel they're underrepresenting the amount of migration to 2 of 3 4/5/2007 11:12 AM IVICLr0-fOWLII GVUIS I1LLP://www.sLarLrioune.curwgouv-prinL/SLOry/ I IV I1+ny rnml this area," he said, "using methods that miss people." Census estimates of how much housing is vacant, for instance, are about twice what the Met Council believes are valid. Gillaspy is less concerned. "We think the Census Bureau is a Kittle low, but not that much," he said. He cautions, though, against thinking any trend will go on forever. "This could reverse quickly. Back in the '80s, three major industries -- mainframe computers, mining and agriculture -- collapsed at once, and there was a sense of 'oh my gosh we'll never come out of this.' But by 87 we were growing faster than many Sun Belt states." David Peterson • 612-673-4440 • dapetersonQstartribune.com ©2007 Star Tribune. All rights reserved. 3 of 3 4/5/2007 11:12 AM Approved Minutes City of Plymouth Planning Commission Meeting March 21, 2007 MEMBERS PRESENT: Chair James Holmes, Commissioners Frank Weir, Karl Neset, Jolm Cooney, James Davis, Terry Jaffoni and Erik Aamoth MEMBERS ABSENT; None STAFF PRESENT: Planning Manager Barbara Senness, Senior Planner Marie Darling, Senior Plarnler Shawn Drill, Planner Joshua Doty, City Engineer Bob Moberg, Financial Analyst Mike Kohn and Office Support Representative Janice Bergstrom 1. CALL TO ORDER - 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. PUBLIC FORUM 4. APPROVAL OF AGENDA MOTION by Cormnissioner Weir, seconded by Conn-iissioner Davis, to approve the March 21, 2007 Plamiing Conunission Agenda. Vote. 7 Ayes. MOTION approved. 5. CONSENT AGENDA A. APPROVAL OF THE MARCH 7, 2007 PLANNING COMMISSION MINUTES MOTION by Connnissioner Weir, seconded by ConnZissioner Jaffoni, to approve the March 7, 2007 Planning Commission Minutes. Vote. 7 Ayes. MOTION approved. B. SKYLINE DESIGN (2007012) MOTION by Commissioner Weir, seconded by Commissioner Jaffoni, to approve the request by Skyline Design for impervious surface area coverage for property located at 970 Zanzibar Lane N. Vote. 7 Ayes. MOTION approved. 6. PUBLIC HEARINGS A. CITY OF PLYMOUTH. Chair Holmes introduced the request by the City of Plymouth for a comprehensive plan amendment to adopt the 2007-2011 Capital Improvements Program (C] --P). I7- Approved Planning Commission Minutes March 21, 2007 Page 2 Financial Analyst Kohn gave an overview of the March 14, 2007 staff report. Commissioner Jaffoni asked what impact this plan would have on the general fund and debt to equity ratio, and the financial health of the City. Financial Analyst Kohn said the $154M is up significantly from the $104M in the 2005 — 2010 CIP and that most of the increase is to be funded by Federal, State and other sources. He said $9M is from bonds, and street reconstruction would also require some bonding. Financial Analyst Kohn said the levy for street reconstruction is $2M. He stated the debt ratio is very low compared to comparably sized communities. Financial Analyst Kohn said we have a good financial plan and he does not see any danger that the City Aaa bond rating would decline. Financial Analyst Kohn said park projects are paid by park dedication fees. He said the City has done its best to keep impacts of new facilities off the general tax payer. Commissioner Aamoth asked how many projects are funded on a scheduled basis, rather than on a need basis, and if it is a 3 to 5 year schedule. Financial Analyst Kohn said they try to keep spending as level as possible within a 10 -year plan. He said the first two years of the CIP are followed closely. Financial Analyst Kohn said an annual review is done and resources are realigned based on needs. Commissioner Weir discussed the street and road repairs, and asked how many dollars are spent annually. Financial Analyst Kohn said the proposed schedule is $16M for 2007, $19M in 2008, $18M in 2009, $7M in 2010, and $19M in 2011. City Engineer Moberg pointed out varying road reconstruction costs, such as 3/4 mile of reconstruction on Fernbrook Lane would cost $6M. Financial Analyst Kohn added that the cost of major streets, such as Co. Rd. 24 and Vicksburg Lane, differ from the $1M per mile for residential streets. He said they are hoping for Federal fiunding for Vicksburg Lane, but that may not occur in the next 5 years. Conunissioner Weir asked how many miles of streets exist in the City of Plymouth. Financial Analyst Kohn said there are 280 miles. He said the first 30 years are basic maintenance, but now the issue is increasing the levy to afford repairs. Financial Analyst Kolas stated other comparable cities are in worse shape. Commissioner Aamoth asked what the forecast is to catch up with the major street improvements and replacements. Approved Planning Commission Minutes March 21, 2007 Page 3 Financial Analyst Kohn said it will take at least ten years to increase construction to a self- sustaining level of 8-10 miles per year. He said the City's plan is to increase the amount of construction by 10% each year until we reach that level. Commissioner Neset asked how the City received the present bond rating and how it compares to the scale of ratings. He asked if this rating would change from anything in the proposed CIP. Financial Analyst Kohn stated the City of Plymouth has the highest bond rating, and added there are only 6 or 7 other municipalities in the state with this rating. He explained this rating enables the City to borrow money at a lower rate, primarily dependent on community wealth and infrastructure. Financial Analyst Kohn said the rating depends considerably on a good management plan and care of the infrastructure. He said a 40% cushion for the general fiend demonstrates a good reserve. Financial Analyst Kohn said the City's debt is low, and overlapping debt in school districts is not out of line. Financial Analyst Kohn said he did not see anything in the near tern that would affect the bared rating, which is typically reviewed every 24 months. Chair- Holmes opened and closed the public hearing. MOTION by Commissioner Weir, seconded by Cormnissioner Neset, to approve the request by the City of Plymouth for a comprehensive plan amendment to adopt 2007-2011 Capital Improvements Program (C1P). Roll Call Vote. 7 Ayes. MOTION- approved unanimously. B. LAKE WEST DEVELOPMENT CO., LLC. (2006121) Chair Holmes introduced the request by Lake West Development Co., LLC. for a preliminary plat and variances for two single-family lots for property located at 1900 East Medicine Lake Boulevard. Senior Planner Drill gave an overview of the March 13, 2007 staff report. Chair Holmes introduced Kevin Teppen, Schoell Madson, representing Curt Fretham of Lake West Development. Mr. Teppen said this property is in an older neighborhood with some connnunity issues. He said staff provided good guidance and direction for development of this parcel to be set harmoniously within the cormnunity. Chair Holmes opened the public hearing. Chair Holmes introduced Alan Langerud, 1925 Kilmer Lane, who said he lives directly behind the property at a higher elevation. Mr. Langerud said his main concern is his view of the lake which is panoramic in winter, and a portal view in summer. He displayed comparisons of his view with the proposed placement of houses on the two lots and with Approved Planning Commission Minutes March 21, 2007 Page 4 the northern house rotated to allow better views of the lake for both his home and the proposed house (on the north lot). He said this rotation of the house would still meet setbacks and the new homeowners would view the lake instead of the Hardy's boat dock which is 275 feet long. Mr. Langerud said the proposed pad sites for the homes are very large, 32 feet by possibly 70 feet, and he asked that if the actual houses are narrower, it be done in a manner that increases views from his home. Chair Holmes introduced Doug Morrissette, 1915 Kilmer Lane N. Mr. Morrissette said his dad owns the subject property at 1900 E. Medicine Lake Boulevard. He said he is concerned about the overall expense to the builder to install a retaining wall and handle runoff through the site from Lancaster Lane to Medicine Lake Blvd. Mr. Morrissette said this should be the City's responsibility. He said he is concerned about tree removal, but supports the layout and proposed plan. Chair Holmes introduced Brian Moran, 1900 E. Medicine Lake Blvd. Mr. Moran said he is married to the property owner's granddaughter and presently lives in one of the homes on the site. Mr. Moran said Don Morrissette (owner) has incurred a lot of expense handling water erosion and physical labor picking up rock fragments and debris from Lancaster Lane. He said he hopes this can be looked at so the developer will not incur debt. Mr. Moran said if the City can't pay for the handling of the runoff, that costs be shared with neighboring houses. Chair Holmes closed the public hearing. City Engineer Moberg said there are drainage issues on this site, as it serves as the drainage course for water coming from the south end of Lancaster. He said two new houses could not be built without the provision to reroute the drainage. City Engineer Moberg said the applicant is required to install two rain gardens with the intent to manage runoff from within the lots, and those rain gardens are not being proposed to treat street runoff, Commissioner Weir asked if there would be a problem moving the northern house a few degrees to accommodate the neighbor's request. Chair Holmes advised that issue could be addressed, as well as the drainage issue, when building permit plans are submitted. Senior Planner Drill added that if setbacks, height and all other requirements are met, a building permit could not be denied based on someone objecting to it. Chair Holmes asked the developer to comment on the neighbor's request to rotate the house. s:� Approved Planning Commission Minutes March 21, 2007 Page 5 Mr. Teppen said they want to be sensitive to the existing neighborhood and will work with staff to try to accommodate that. He added the house on the north side is situated to preserve a 28 -inch caliper oak. Chair Holmes said he grew up in this neighborhood, and said it is a pleasure to see the area come back to life. He said positive changes are occurring in a unique part of the City, and he supports redevelopment of this property. Commissioner Aamoth asked how the Commission could convey the neighbor's request to the City Council. Planning Manager Semless said a condition could be added to the resolution that recommends that this developer be sensitive to neighboring properties in situating the homes to preserve views. MOTION by Commissioner Weir to approve the request by Lake West Development Co., LLC. for a preliminary plat and variances for two single-family lots for property located at 1900 East Medicine Lake Boulevard, with an added condition as was stated by Planning Manager Semless. Chair Holmes said he is not in favor of the added condition because it sets a precedent for future projects. He offered a friendly amendment to remove the added condition. Commissioner Weir concurred with Chair Hohnes and accepted the friendly amendment. The MOTION to approve the resolution, as presented in the staff report, was seconded by Commissioner Aamoth. Roll Call Vote. 7 Ayes. MOTION approved unanimously. C. LCS Development. (2007013) Chair Holmes introduced the request by LCS Development for a comprehensive plan amendment and PUD sketch review for "Trillium Woods", a continuing care retirement community on property located at the southwest corner of County Road 47 and the extension of Cheshire Lane. Senior Planner Darling gave an overview of the March 13, 2007 staff report. Commissioner Davis asked about traffic flow on Juneau Lane after the intersection with CR 47 is closed. Senior Planrier Darling said Juneau would be a minor collector that would eventually connect Vicksburg Lane to Cheshire Lane. The street would be constructed when the Hampton Hills golf course and surrounding properties develop. The name Juneau Lane Approved Planning Commission Minutes March 21, 2007 Page 6 would be applied to the N -S segments. The new E -W roads through the development would change to fit into the City's street name grid. Chair Holmes introduced the applicant, Steve Nomes, 3300 Fernbrook Lane. Mr. Nornes said he is the project developer for Trillium Woods and previously managed Friendship Village of Bloomington, an independent living, home health facility which was built in 1979. Mr. Nornes said his grandmother from northern Mimlesota wanted to move closer to her sons in Bloomington, .MN but didn't want her sons to worry about her as they retired. He said he believes Trillium Woods would be a good project for Plymouth as it would allow people to move close to children living in this area, it would have a low impact design, and the target population would not burden the school system nor police. Mr. Nornes said they are a good employer and new jobs would result from the project. He said LCS has 43 years of experience and have 45 continuing care retirement communities in 28 states. Mr. Nornes reviewed the principles of LCS and said they would bring best practices to the cortimunity. He said they only develop properties they manage, and maintain long term relationships with focus on the resident. Mr. Nornes said over 50% of referrals come from residents. Mr. Nornes said the typical retirement community would offer housing on one campus with a continuum of services including independent living apartments and townhomes, home health care, assisted living apartments and skilled nursing care. He said there would be one entrance fee with monthly service fees. Mr. Nornes said amenities include multiple dining options and activity centers, with a fitness center and pool. He said a focus group indicated physical fitness as key and a trail system for walking and biking is the biggest amenity requested. Mr. Nornes said Trillium Woods would target second generation retirees. He said the average age at move -in is 78, and over 50% are couples. Mr. Nornes said the average length of residency is 8 — 12 years. Mr. Nomes introduced Mike Miller, architect with Rice Fergus Miller from the Seattle/Washington area. Mr. Miller said this is a beautiful wooded site with wetlands and view of a lake, and they want the buildings to nestle within the site with minimum impact on amenities. Mr. Miller reviewed how the buildings will sit relative to the slur at different times of the year, showing most portions of buildings will have great access to sunlight and daylight. He also displayed views from within the site looking toward Lake Pomerleau, Lake Camelot, the golf course, the forested hill and surrounding neighborhoods. Mr. Miller said they placed the higher density toward the center of the site, and lower density on the outside would be complementary to surrounding neighborhoods. Chair Holmes introduced Jason McCarty, senior project manager, 7699 Anagram Drive, Eden Prairie. Mr. McCarty said wetlands would be impacted when Cheshire is constructed through the site. They propose to mitigate wetland impact on-site, including restoring a wetland where Juneau Lane is removed to help with intersection spacing. Mr. McCarty said the wooded area on the site is the greatest natural resource on the site. He said they show the trail system continued on either side of Cheshire and extending through the site. Mr. McCarty said there would be a tunnel under Cheshire Lane. He discussed grading and said the buildings fit in well and that most wetlands and wooded areas would be preserved. Approved Planning Commission Minutes March 21, 2007 Page 7 Mr. McCarty said the traffic report compared existing zoning with the proposed and indicated a reduction in daily trips of 1200 trips per day. Mr. Miller said the proposed landscaping would be complementary to surrounding sites and would be native plantings. He said they are proposing to do a "sustainable building", which would be certified through LEED (Leadership in Energy and Environmental Design). Mr. Miller said few buildings of this type have received this certification, which is done through measurement categories such as energy, light pollution, use of local material resources, and reduction of water use. Mr. Miller said the architecture is based on Frank Lloyd Wright's "prairie style", with visually sweeping horizontal lines, open planes, some massive fireplaces in open spaces, and colors complementary to the outside environment. Mr. Miller said natural colors and stone would be used, and lots of glass would help with views. He said they are trying to break down the scale of what could be a large building through the architecture of the building. Commissioner Davis asked Mr. Nornes if he concurred with the conditions in the resolution. Mr. Nornes said the resolution is acceptable. Commissioner Davis said Item #7 regarding the conservation easement for the woods is important to the development and #22 regarding fire sprinklers. Mr. Nornes concurred and said the woods are critical to the site as residents like nice views and they intend to use fire sprinklers. Commissioner Aamoth asked about the number of wheelchair accessible units which is an issue for seniors. Mr. Miller said the proposed design anticipates mobility issues and other disabilities. He said much of this issue is dictated by the building code, and all conunon areas and some units would be built handicapped accessible, while others would be adaptable for handicapped accessibility. Commissioner Davis asked how many employees would be at this site. Mr. Nornes said there would be 160 Rill time equivalent employees or 200-210 employees. Chair Holmes opened the public hearing. Chair Holmes introduced Kathy Taranto, 5605 Fembrook Ct N. Ms. Taranto said she voted for the open space referendum, and has concerns as the area along Cheshire Lane Approved Planning Commission Minutes March 21, 2007 Page 8 already has a high density feel. She said the visuals of LCS's other sites look institutional. Ms. Taranto said she is concerned about traffic and asked if the traffic study included employees and visitors. She said she wants assurance that decent landscaping will be in place to cut down visual impact. Chair Holmes introduced Bill Blissel, 6075 Yucca Lane. Mr. Blissel said at first he was very skeptical, but this proposal seems to produce less traffic than other projects, and asked the Planning Commission to consider this proposal. Chair Holmes introduced Vivian Starr, 6060 Annapolis Lane N. Ms. Starr said she attended the informational meeting with the developer and was impressed, and said this is the best offer for the neighborhood. Ms. Starr said she can't imagine anything better than the Frank Lloyd Wright prairie architecture for a big building. She said the wetlands and green space are vitally important to the atmosphere of the parks and lakes. Ms. Starr said the City has to reach an agreement with the County to upgrade Co. Rd. 47 before developing any more land west of Vicksburg. She noted the CIP did not address Co. Rd. 47 upgrades, especially for the Lake Camelot neighborhood crossing at the playground. She said she knows there are political issues between the City and the County to upgrade this road, but all the developers want the land. Chair Holmes introduced Ruth Claseman, 5755 Juneau Lane N. Ms. Claseman asked if there would be access to the campus stores for neighbors. She said there should be a walkway on the west side of the site where there is a big hill making it unsafe for walking in the area; retirees would have trouble getting up that hill. Chair Holmes introduced Michael Villafana, 14420 60`x' Pl. N. Mr. Villafana echoed Ms. Starr's connnents regarding Co. Rd. 47 and the crossing to the park at Dallas Lane. He said the road is taking a pounding with the 50 mph. construction traffic from the Taryn Hills development. Chair Holmes closed the public hearing. Chair Holmes asked if the traffic counts included employees and visitors. Senior Plamier Darling stated that the proposed number of employees was taken into account by the traffic consultant. City Engineer Moberg added that if this were a residential property, trips generated would be 8-10 per day for single family homes whereas employees generate 2-3 trips per day. Chair Holmes asked about the institutional appearance of the proposed building. Mr. Miller said the project would be designed with a residential type of architecture with sloping roofs and broad horizontal banding with stone accents. He said the building would be completed in three phases and the resulting buildings in varied sizes would not look like Approved Planning Commission Minutes March 21, 2007 Page 9 a hospital or school. The landscape architect is aware of conditions for Minnesota, and the plantings for trails, walkways and paths could be characterized as robust. Mr. Miller said they have discussed with the Parks Department that the trails are to look natural. He said the loading dock and parking lot would be shielded with landscaping. Planning Manager Senness added that the Parks Department is very interested in how the Northwest Greenway looks throughout corridor and has plans for extensive planting on this portion of the trail. Chair Holmes asked about Co. Rd. 47 improvements. City Engineer Moberg stated that Co. Rd. 47 is a Hennepin County road, not a City street. He said there has been ongoing dialogue between the two parties with a potential to turn back to the City. He said the County's position is they want to turn it back yesterday, but the City is not interested in that pace. As it stands today, it is clearly the County's responsibility to operate and maintain Co. Rd. 47. Planning Manager Senness said that as part of the Taryn Hills development, the City required turning lanes to help improve traffic along Co. Rd. 47. She said any developer would have to help pay for the signalization of Co. Rd. 47 and the extension of Cheshire Lane. Chair Holmes asked about the walkway along Juneau Lane. Senior Plainer Darling said staff included a comment in the attached resolution suggesting a sidewalk connection on the east side of remaining Juneau to complete the peripheral walkway around the central parcel. She said the design would be sensitive to the topography because it is very steep. Chair Holmes asked about the crosswalk at Dallas Lane. Senior Planner Darling said when CR 47 is upgraded, there would be a box culvert underpass for pedestrian traffic to correct the homes on the north side of the road with the parks and trail. Planning Manager Ser -mess referenced Mr. Villafana's concern about the 50 mph. speed limit. City Engineer Moberg said speed limits are initially set at the time roadways are built and designed. He said there is a process to get speed limits changed, but it would be hard to justify a reduced speed limit without the development and additional traffic at the intersections. Planning Manager Senness asked if the neighbors would have access to the campus store. Approved Planning Commission Minutes March 21, 2007 Page 10 Mr. Nories responded that a coffee shop is recommended for the campus and is typically designed for guests, visitors and volunteers. Coimnissioner Aamoth asked about demographic projections for Plymouth for the next few years. Planning Manager Senness said she did not have any statistics committed to memory, but in general, Plymouth has been aging faster in the past ten years than neighboring communities. She said 13 years ago there were no facilities for seniors, but now senior facilities have been constructed throughout community. Planning Manager Senness stated this proposal is the first continuing care facility. City Engineer Moberg added that the City is updating its comprehensive plan, and statistics regarding demographics will be included. He said those projections will be available during that process. Commissioner Neset said staff had done a nice job on the report and the architect and developer provided an excellent presentation. Commissioner Neset said this is a good plan for the area, providing some higher density housing. He said as the community ages, it is nice for residents to be able to stay in their community and he is all in favor of the proposal. Commissioner Jaffoni asked how the traffic consultants look at this type of facility to determine traffic patterns for employees and visitors. Senior Plaimer Darling said the traffic consultant did take into account visitor traffic, and added that the skilled nursing care and assisted living visitor traffic is a fairly important component. She said they looked at similar uses across the country to determine the impact from traffic patterns from nursing homes and assisted living developments based on the size of the facility, number of employees, and number of beds. Connmissioner Davis said he reviewed the site. He thanked staff and the developer for preserving as much of the open space as possible which is good for the community. Commissioner Jaffoni said with Plymouth demographics there is a need for this type of project. She said her mom is 90 years old, so she is definitely in support of this proposal. She said the baby boomers are generating a need for these services which can't be underestimated, and it is great the City of Plymouth gets to benefit from one of these proj ects. Comnnissioner Aamoth said he thinks this is a tremendous project which can work functionally and plan for the future. He said he likes the Frank Lloyd Wright style of architecture and supports the project. k Approved Planning Commission Minutes March 21, 2007 Page 11 Commissioner Weir concurred and said he thinks the Trillium Woods is an excellent proj ect. Chair Holmes said this is a project that integrates all the goals the City strives for—density integrated with location, greenway, and multiple uses. He said it will be a destination point and will be a jewel for the community. MOTION by Commissioner Weir, seconded by Commissioner Davis, to approve the request by LCS Development for a comprehensive plan amendment and PUD sketch review for "Trillium Woods" a continuing care retirement community on property located at the southwest corner of County Road 47 and the extension of Cheshire Lane. Roll Call Vote. 7 Ayes. MOTION approved unanimously. D. BDH & YOUNG. (2007014) Chair Holmes introduced the request by BDH & Young for a conditional use permit to allow 73.1 percent office use in the I-2 (General Industrial) zoning district for property located at 13305 Water Tower Circle. Plainer Doty gave an overview of the March 13, 2007 staff report. Commissioner Jaffoni asked how much office space exists now. Plamler Doty stated that the existing office space is approximately 45%, and the remaining 55% is warehouse space. Commissioner Jaffoni asked if giving up warehouse space would present a problem for the applicant. She asked why there is a 50% limit on office space. Plamler Doty responded the 50% limit is a longstanding requirement in the cormmunity, and the main issue is parking. He said industrial developments may not have enough parking to support an office use of this nature. Planning Manager Serness added the conditional use permit allows flexibility to accommodate growth without a company having to move their business. Chair Holmes introduced the applicant, Tom Davis, 18405 20th Avenue N. Mr. Davis said he solved the warehouse problem by renting a space nearby. Mr. Davis said as a growing company, he appreciates expanding in the existing building. Commissioner Davis stated for the record he is not related to applicant. Approved Planning Commission Minutes March 21, 2007 Page 12 Chair Holmes opened and closed the public hearing as there was no one present to speak on the item. MOTION by Commissioner Weir, seconded by Commissioner Jaffoni, to approve the request by BDH & Young for a conditional use permit to allow 73.1 percent office use in the I-2 (General Industrial) zoning district for property located at 13305 Water Tower Circle. Roll Call Vote. 7 Ayes. MOTION approved unanimously. E. APPLIED GRAPHICS ASSOCIATES, INC. (2007016) Chair Holmes introduced the request by Applied Graphics Associates, Inc. for a conditional use permit to allow 13 percent accessory retail in the I-2 (General Industrial) zoning district for property located at 2405 Annapolis Lane, Building C #265. Planner Doty gave an overview of the March 13, 2007 staff report. Commissioner Davis said it good to see a business moving into Plymouth that adds industrial jobs. Chair Holmes opened and closed the public hearing as there was no one present to speak. MOTION by Commissioner Weir, seconded by Commissioner Neset, to approve the request Applied Graphics Associates, Inc. for a conditional use permit to allow 13 percent accessory retail in the I-2 (General Industrial) zoning district for property located at 2405 Annapolis Lane, Building C #265. Roll Call Vote. 7 Ayes. MOTION approved unanimously. 7. NEW BUSINESS 8. ADJOURNMENT MOTION by Chair Holmes, to adjourn the meeting at 9:56 p.m. City of Plymouth x `' _ Adding Quality to Life April 3, 2007 Tel: 763-509-5960 - Fax: 763-509-5967 Dear Plymouth Resident or Business Owners of the Four Seasons' Neighborhood: On behalf of the City of Plymouth and the Plymouth Police Department, I want to thank you for your understanding and apologize for any inconveniences that our law enforcement activities may have caused you, your family, and/or your businesses during the bank robbery stand-off on Friday, March 30, 2007. This unusual and rapidly evolving event caused a great deal of chaos within your typically quiet neighborhood. Please know and understand that the police tactics that were used were focused on keeping the suspect contained and the rest of the neighborhood safe. To accomplish that imperative objective, many streets were closed; traffic and bus routes were altered; Pilgrim Lane Elementary was secured; and several neighbors were sheltered in place. While I am grateful that no civilians or police officers were physically harmed, our hopes for a peaceful outcome were not realized. That said, I am very proud of the responding police officers and SWAT team members from the Plymouth Police Department and the other assisting agencies for their professionalism during this stressful and unfortunate incident. Again, your patience and understanding were greatly appreciated. If you have any questions or concerns about our actions, please feel free to contact me at 763.509.5129. Sincerely, Ae- Michael S. Goldstein Chief of Police 3400 Plymouth Blvd o Plymouth, Minnesota 55447-1482 a www.ci.plymouth.mn.us City of Plymouth April 3, 2007 Adding Quality to Life SUBJECT: MINOR SUBDIVISION FOR LYLE GARON (2007026) Dear Owner/Occupant: This letter is written to inform you that Lyle Garon, under file 2007026, submitted a planning application requesting approval of a minor subdivision to create a zero -lot line subdivision for the two-family dwelling on property located at 2540 and 2550 Teakwood Lane North. This would allow the current property owner to sell each dwelling separately. There are no changes to the site proposed with the application. The subject site is zoned RSF-4 (Single- and Two-family Residential) which specifies a minimum lot area of 6,000 square feet per dwelling. Under the plan, the existing 36,845 square -foot lot would be divided, creating a 14,015 square -foot property and a 22,830 square -foot property. The proposed lots would exceed the requirements of the RSF-4 district. The subject property is legally described as follows: Lot 1, Block 1, Plymouth Creekview 2nd Addition. 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. If you have comments, please call within ten days. 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, Barbara G. Senness, AICP Planning Manager 3400 Plymouth Blvd • Plymouth, Minnesota 55447-1482 • Tel: 763-509-5000 • www.ci.plymouth.mn.us 7 ,. v F mmuakh COMMElftL 10 9) City Adding Quality to Life April 6, 2007 SUBJECT: VARIANCE FOR CORY AND ELLEN TELL (2007024) Dear Property Owner: Pursuant to the provisions of the Plymouth Zoning Ordinance, this letter is to inform you of a request by Cory and Ellen Tell, under File No. 2007024, for variances to allow construction of a new home on a substandard size lot and for impervious surface coverage for property located at 2560 Medicine Lake Boulevard East. 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, April 18, 2007 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, Barbara G. Senness, AICP Planning Manager 2007024propnotice 3400 Plymouth Blvd • Plymouth, Minnesota 55447-1482 • Tel: 763-509-5000 • www.ci.plymouth.mn.us ,STw City of P I ymoutm Adding Quality to Life April 6, 2007 SUBJECT: VARIANCE FOR PATRICIA ZALAZNIK AND JOHN GORMAN (2007032) Dear Property Owner: Pursuant to the provisions of the Plymouth Zoning Ordinance, this letter is to inform you of a request by Patricia Zalaznik and John Gorman, under File No. 2007032, for a variance to reduce the rear setback from 25 feet to 20 feet for construction of an approximately 118 square foot room addition for property located at 15655 40`1 Avenue 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, April 18, 2007 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, Barbara G. Senness, AICP Planning Manager 2007032propnotice 3400 Plymouth Blvd • Plymouth, Minnesota 55447-1482 • Tel: 763-509-5000 - www.ci.plymouth.mn.us Minnesota Pollution Control Agency 520 Lafayette Road North St. Paul, MN 55155-4194 1 651-296-6300 1 800-657-3864 1 651-282-5332 TTY www.pca.state.mn.us April 5, 2007 4- L APR 0 6 2007 Mr. John Hayes CWP Properties c/o Mr. Car Wash 1034 Gressner Houston, Texas 77055 RE: Petroleum Tank Release Site File Closure Site: Mister Car Wash, 11320 Hwy 55, Plymouth, MN 55441 Site ID#: LEAK00016739 Dear Mr. Hayes: We are pleased to let you know that the Minnesota Pollution Control Agency (MPGA) staff has determined that your investigation has adequately addressed the petroleum tank release at the site listed above. Based on the information provided, the MPCA staff has closed the release site file. Closure of the file means that the MPCA staff does not require any additional investigation and/or - cleanup work at this time or in the foreseeable fixture. Please be aware that file closure does not necessarily mean that all petroleum contamination has been removed from this site. However, the MPCA staff has concluded that any remaining contamination, if present, does not appear to pose a threat to public health or the enviromnent under current conditions. The MPCA reserves the right to reopen this file and to require additional investigation and/or cleanup work if new information, changing regulatory requirements or changed land use make additional work necessary. If you or other parties discover additional contamination (either petroleum or nonpetroleum) that was not previously reported to the MPGA, Minnesota law requires that the MPCA be innnediately notified. You should understand that this letter does not release any party from liability for the petroleum contamination under Mimi. Stat. ch. 115C (2002) or any other applicable state or federal law. In addition, this letter does not release any party from liability for nonpetroleum contamination, if present, under Mi n. Stat. ch. 115B (2002), the Minnesota Superfiuld Law. Please note that as a result of performing the requested work you may be eligible to apply to the Petroleum Tank Release Compensation Fund (Petrofund) for partial reimbursement of the costs you have incurred in investigating and cleaning up this petroleum tank release. The Petrofund is administered by the Petroleum Tank Release Compensation Board (Petro Board) and the Minnesota Department of Commerce. To learn more about who is eligible for reimbursement, the type of work that is eligible for reimbursement, and the amount of reimbursement available, please contact Petrofund staff at 651-297-1119 or 1-800-638-0418. r) St. Paul I Brainerd I Detroit Lakes I Duluth I Mankato I Marshall I Rochester I Willmar I Printed on 100% post -consumer recycled paper Mr. John Hayes Page 2 April 5, 2007 If future development of this property or the surrounding area is planried, it should be assumed that petroleum contamination may still be present. If petroleum contamination is encountered during future development work, the MPCA staff should be notified immediately. For specific information regarding petroleum contamination that may remain at this leak site, please call the Petroleum Remediation Program File Request Program at 651/297-8499. The MPCA fact sheet Request to Bili for Services Performed must be completed prior to arranging a time for file review. Thank you for your response to this petroleum tank release and for your cooperation with the MPCA to protectpublic health and the enviromnent. If you have any questions regarding this letter, please call me at 651-296-7717. You can also reach the MPCA at 1-800-657-3864. Since 'ely, Ani- Miller Project Manager Petroleum Remediation Program Petroleum and Closed Landfill Section Remediation Division ACM: tf cc: Sandy Paulson, Plymouth City Clerk fficilard Kiiiie, Ylytnout7i Fire -Chief Dave Jaeger, Heiniepin County Solid Waste Officer Roy Hill, Pinnacle Engineering, hie. Mimiesota Department of Commerce Petrofund Staff Mar 30 2007 17:45:43 Via Pax -> 763 509 5060 Administrator Paye 001 Of 005 ?qc Ci(iur prvrrno(iuy crra�f�nnu -FridayFa- A weekly legislative update fi°om the League ofMinnesota Cities Legislature passes bills, prepares for Easter/Passover break Legislators were busy voting on bills this week. The flurry of activity is attributable to a couple of factors: both the House and Senate are running up against self-imposed deadlines for getting bills through committees and passing bills off the floor; and the bodies plan to take an ex --tended break. Legislative work will grind to a temporary halt at 2:00 p.m. on Monday, March 2, and the House and Senate will not reconvene until Tuesday, March 10. The Senate this week spent hours each day on the floor debating omnibus funding bills. The third self-imposed deadline for finance bills in the Senate is Monday of next week. To date, the full Senate has passed 11 of 13 omnibus Rinding bills. Remaining are the omnibus tax bill and a second tax package that will increase funding for K-12 education.with a new, fourth - tier income tax bracket. The Senate is scheduled to vote on the tax bill, SF 1024 Flak1-DFL- Cook), this afternoon. The body will take up the final bill, SF 16 1. 1. (Stt_tnit�1, DFL -Plummer), during a Saturday floor session. After the break, the Senate intends to turn its attention to policy bills. House members were busy assembling omnibus fielding and policy bills in committees this week. The fill House had relatively short floor sessions, mainly for the purpose of reporting bills out of committees and referring them to next stops. The House has passed a number of omnibus bills off the floor; however, the body has a bit of work to do to catch up with the Senate. Questions? Contact Anne Finn at 651.281.1263 or e-mail. czfinn;i;7.rrznc.07.P. March 30, 2007 Page 1 Pawlenty and legislative leaders address city, county, school officials at 2007 legislative conference "Who does innovation better than Minnesota?" asked Gov. Tim Pawlenty on March 29. Pawlenty challenged local government officials to be more innovative and find ways to deliver services, "faster, better, differently." "I ask for your help, I ask you how we can do things differently," said Pawlenty. The governor's remarks were delivered at the 2007 legislative conference, "Renewing the Partnership: Joint Legislative Conference for Cities, Counties, and Schools" in St. Paul. Nearly 800 attendees from Grand Marais to Marshall, from Thief River Falls to Winona, and all points in between, also heard from a number of key legislative leaders including Speaker of the House Rep. Margaret .Anderson. Kelli.hcr., House Minority Leader Rep. Marty Seifert, Senate Assistant Majority Leader- Sen, Tarryl Clark, Dept. of Revenue Commissioner Ward I3iness, Rep. Ann Lenczewski, Sen. l<affiy Sheran- Sen. Ann :Rest, Sen. Diel: 01 seen, and Sen. Paul :I oerin2. Thursday afternoon local govermnent took center stage at the capitol during local goVenunent day at the capitol. Lawmakers heard the stories of services, solutions, and partnerships from the hundreds of city, county and school officials from across Minnesota who met A"(ith legislators and advocated for an improved state -local fiscal partnership, local control, and transportation solutions. Questions? Contact Brian Strub at 651, 281.1256 or bstrub(uilmnc. ori. For more information on city legislative issues, contact any member of the League of Minnesota Cities Intergovernmental Relations team. 651.281.1200 or 800.925.1122 Mar 30 Z007 17:47:14 Via Fax -> 763 500 5060 Administrator LMC i.i�/lUk �+f'ff!liUfiff.) !'.1'fUllUlffC -Frida. F�.x® A weekly legislative update from the League of-lllinnesota Cities No news on the transportation funding front The flurry of activity on transportation funding legislation came to a temporary halt this week. As legislators turned their attention to other onmibus fiuiding bills and policy matters, the bills that passed off the Senate and House floors last Friday and Saturday did not receive fiu-ther discussion in recent days. The bills, SI" 1986 (Murph h DFL -Red Wing) and III 946 (L,ieder, DFL -Crookston), are waiting to be reconciled in a conference committee. As of Friday afternoon, the conferees have not been appointed. According to some transportation advocates, the conference committee will not convene until after the upcoming Easter/Passover break. Advocates are hopeful that constituents and local leaders will talk with legislators about transportation while they are in their home districts next week. This pressure will be key to getting the legislature to pass a comprehensive transportation fiuiding package in 2007. Questions? ContactAnne Finn at 651.281.1263 or e-mail. afiran!i:ulrnnc.c�r . Senate omnibus tat bill — highlights The Senate Tax Conmlit (:ee released the omnibus tax bill mid -week and held a hearing on Thursday to consider amendments and take testimony on the bill. Ultimately the committee approved the bill, SF 1024, and it will be considered on the floor on Friday afternoon. Technically, the bill is fiscally out of balance because it spends more than is available for the committee target. Paye 002 Of 005 March 30, 2007 Page 2 To pay for the property tax relief in the bill, the Senate has developed an additional education fielding package that was amended into SF 16 1. 1 that includes an income tax increase through a new fourth -tier income tax bracket that starts at $250,000 for married taxpayers filing jointly. The bill is designed to primarily raise additional tax revenues to fluid elfliancements to K-12 education programs, including the general education formula and also to create a new pre -kindergarten education act. As usual, the omnibus tax bill contains many provisions for cities, including: • $150 million in additional LGA. • On the LGA formula, the Senate bill inflates the city need factor with in inflation adjustment retroactive to 2000, eliminates the taconite aid offset, and includes the League's volatility measure. The bill basically goes back to the LGA formula prior to the governor's 2003 reforms. Additionally, there is a statutory requirement that all city groups participate in an LGA study to discuss and create a new LGA formula. • Utility property class rate changes. ® JOBZ limitationproviding that no qualified businesses would be eligible for JOBZ benefits unless a business subsidy agreement was entered into before May 1, 2007. 0 Local TIF or development bills included with some modifications for: MCDA, Minneapolis, Bloomington, Rosemount (International Economic Development Zone Study), Bloomington/Mall of America, Burnsville, Columbia Heights, Fridley, Dayton, Eagan, Faribault, New Brighton, North St. Paul, Fergus Falls. Additionally, a small cities designation for the use of TIF For more information on city legislative issues, contact any member of the League of Ivlinnesota Cities Intergovernmental Relations team. 651.251.1200 or 800.925.1122 Mar 30 2007 17:40:41 Via Fax LMC olio<�nnnnli:�g rrroffrurc -> 763 509 5060 Administrator Paye 003 Of 005 -Friday F ax - A weekly legislative update fron the League ofAllinnesota Cities is granted for the cities of Elgin, Eyota, Byron, and Oronoco. • Local sales tax requests for the cities of Duluth (food/beverage), Cook County, Proctor, Thief River Falls, Bemidji, Clearwater, Cloquet, Crookston, Ely, North Mankato, and Winona. Bloomington was also given local taxing authority for a special district around the Mall of America. • Public finance bill, unfortunately, without the GARVEE bond language offered by the League of Minnesota Cities. • Revenue recapturing provision that would broaden this authority for cities, similar to SF 1576 (Dille, R -Litchfield). • Motor vehicle sales tax exemption on emergency response vehicles and ambulances, as well as a sales tax exemption for repair and replacement parts. • OPEB (other post employment benefit) trust authorization language is included in this bill. (See related article). A more detailed article will appear in next week's Cities Bulletin. Questions? Contact Jennifer O'Rourke at 651.281.1261 or jorour%e@hnnc.org. OPEB bills detoured The bills that would authorize cities, counties and school districts to establish trust fiends for other post employment benefits has been merged into two unrelated bills. The House version of the bill, EFF 1. 160 authored by Rep, Debra Ililstrom (DFL - Brooklyn Center) was considered by the IIotuse State Government Finance Division on Tuesday night. Chair Phyllis :Kahn (DFL - Minneapolis) raised concerns about the bill and March 30, 2007 Page 3 requested a number of changes, including a significantly more rigorous set of reporting requirements and a phased -in implementation schedule that matches the current GASB 45 statement implementation. Under GASB statement 45, local governments with total animal revenues of $100 million or more will be required to implement the new standards starting with the fiscal year that ends December 31, 2007. N/Tedium-size local governments with total annual revenues of between $10 million and $100 million must implement the new standard for the fiscal year ending December 31, 2008 and small governments with less than $10 million in total annual revenues will be required to do the same starting with the fiscal year ending December 31, 2009. On Thursday during the markup of jI .F 953, the omnibus state government finance bill, Representative Kahn offered an amendment to include the OPEB language with her -reporting and phase-in amendment. The Senate version of the bill, 5.L892 was merged into the public finance article of the omnibus tax bill by Chair Tom Pakk (DFL -Cook). That bill will be considered on the Senate floor on Friday afternoon. Unfortunately, these bills in their current form are likely to be vetoed by the governor. Questions Contact Cary Carlson at 651.281.1255 or earlson(uarnnc.c>r. Provision would require employers to expand allowable use of sick time A measure that would require employers to allow employees to use personal sick leave benefits to care for a spouse, sibling, parent, For more infornatiomon city legislative issues, contact any member of the League of Minnesota Cities Intergovernmental Relations team. 651.281.1200 or 800.925.1122 Mar 30 2007 17:50:00 Via Pax -> 763 509 5060 Administrator -Frida Fax® A weekly legislative update ftoni the League ofAlfinnesota Cities grandparent, stepparent or domestic partner is nearing final action by the House and Senate. Existing state statute Minn. Stat. 181.941.3) extends use of personal sick leave to care for a child, SF 1128 (Brick -son Ro yes, DFL -Winona) passed out of the Committee on l3usiness Industry and Jobs and is now awaiting final action on the Senate floor. The House companion, IIF 21.9 (Ati alker, DFL - Minneapolis), is included in the omnibus State Government Finance bill, HF 953, (Kahn, DFL -Minneapolis). 0h1 Thursday, Re nom. Jo�,ce Pepin (R -Maple Grove) attempted to remove it without success. During the committee process the League testified against the bill, saying many local government employers already offer this benefit, and those that do not would consider the requirement an unfunded mandate. Nevertheless, the bill is moving through the process and may become law. Ouestions? Contact Anne Finn at 651.281.1263 or e-mail. atinn;c_�'.IJ'11Y1c.Cal'Yr. Clean Water Legacy Act funding gains support The House and Senate have both included funding for the state agency programs needed to address impaired waters in the state. The League has been advocating for the recommended $80 million per year budget developed by stakeholders and state agencies over the past three years, about half of which is for public infrastructure that could be funded through bonding in next year's bonding bill. The other $40 million per year is proposed to be fiunded from the state's general fiend. Paye 004 Of 005 March 30, 2007 Page 4 The governor's budget covered half of the general field needs. He proposed a total of $20 million per year in base funding to be divided betweeli the MPCA, DNR, Board of Water and Soil Resources (BWSR), and Department of Agriculture (MDA). The House has increased that by including approximately $23.5 million per year of base filnding for MPCA, DNR and BWSR and $3 million of one-time funding for MDA. The funding includes an aggressive ten- year timeline for assessing the quality of Minnesota lakes and rivers and for completing TMDLs to develop clean-up plans where water is found to be impaired. The Senate has taken a different approach. They have allocated $54 million nil one-time fielding for the various agencies, but did not put any base funding in place. Thein- plan is designed to provide bridge funding for the Clean Water Legacy Act programs until a constitutional amendment providing on-going dedicated fiinding could be approved by Minnesota voters. Funding for city stormwater and wastewater infrastructure will be discussed as part of next year's bonding bill. In addition to the normal bonding needed for city infrastructure grant and loan programs, an additional $80 million will be needed to fiend expected program needs related to cities meeting added environmental regulations to address impaired waters. Ouestions? Contact Craig Johnson at 651.281.1259 or ejohnson@bnnc.org. Best value contracting bill advancing Legislation supported by the League that is advancing in both the House and Senate would allow state and local units of government to For more information on city legislative issues, contact any member of the League of Miruiesota Cities Intergovernmental Relations team. 651.281.1200 or 500.925.1122 Mar 30 2007 17:51:39 Via Pax -> 763 509 5060 Administrator LMC l.ilipa prvnnnf7v� rrcuifu,cc -Frida F ax - y A weekly legislative update fi-om the League ofAdinnesota Cities utilize an alternative procurement bidding process luimmi as best value contracting. I.IF 571 (H1.11S1:rom., DFL -Brooklyn Center) and SF 1.278 (Metzen, DFL -South St. Paul) would statutorily grant authority to cities and others to use this instead of using a lowest responsible bid process if a community determined that it was a more usefid or appropriate meads of identifying the best -suited bidder for a construction project. Negotiations are currently centered on what training will be heeded for those using this procurement option and what requirements might be placed on the criteria used to evaluate vendor qualifications. This could be a significant and useful tool for certain types of city projects. Questions? Contact Craig Johnson at 651.281.1259 or cjohnson@hnnc.org. Phosphorus hearing held The Senate 1 riviiironnnent and Natural Resources Police Committee held a hearing on Thursday night to discuss city concerns about proposed statewide phosphorus standards. The discussion included testimony from Moorhead's city engineer and a scientific consultant with extensive familiarity with city wastewater treatment and with the scientific basis for phosphorus regulations. The hearing resulted in a requested one-year delay of the MPCA's proposed phosphorus rule being laid aside for possible inclusion in the Senate Omnibus Environmental Policy bill. LMC supports this delay to allow time for more complete discussion of this rule both during the interim and during the next legislative session. Questions? Contact Craig Johnson at 651.281.1259 or cjohnson@hnnc.org. Town hall meetings Paye 005 Of 005 March 30, 2007 Page 5 Town hall meetings are a great chance to meet with your legislators and tell your city story close to home. Upcoming meetings in a city near you include: Mar. 31 in Maple Grove (Community Center, 9:00 a.m.) with Rep. Joyce Peppin and Rep. Kurt Zellers Mar 31 in New Brighton (Bruhouse Coffee Shop, 1431 Silver Lake Road, 11 a.m.) with Rep. Kate Knuth Mar. 31 in Corcoran (City Hall, 11:30 a.m.) with Rep. Joyce Peppin Easter/Passover legislative break April 3 - 9 the spring recess starts at 2 p.m. Monday, April 2 in recognition of the start of Passover. The legislature will return Tuesday, April 10, giving Legislators time to be home with their families as well as offering time for meetings «lith constituents. City officials should see the recess as an important opportunity to meet with legislators while they are away from the capitol and in a city near you. Call or e-mail today to schedule an appointment, set up a meeting, or plan a tour of some important local facility, service, or other municipal operation. For more information on city legislative issues, contact any member of the League of Minnesota Cities Intergovernmental Relations team. 651.281.1200 or 800.925.1122 Apr 05 2007 16:05:59 Via Fax -> 763 509 5060 Administrator Paye 001 0f 001 -Frida FElx- A weekly legislative update from the League ofMinnesota Cities Recess: A breather or calm before the storm? Due to this week's legislative recess, capitol newts has temporarily slowed to a crawl. The House finished its Mork on Monday while the Senate finished its -work last Saturday. Loth bodies will return to St. Paul on Tuesday, April 10 to begin the final six-week thrust toward completion of the 2007 legislative session. As it now stands, the Senate has completed floor action on all of their major appropriations bills, the omnibus tax bill and the education fiinding/income tax increase bill. Senate policy committees wlill continue to meet up to their Saturday, April 14 policy committee deadline. The House, on the other hand, has completed committee action on policy bills but will be playing catch-up on appropriations bills and the omnibus tax bill. House policy committees met their first and second policy committee deadlines on March 23 while the divisions of the House Finance Committee met the third committee deadline by processing their omnibus bills this past Monday and sent them to the Rill Fµrt ince„�.`arrina- tee. We expect many of those bills to be processed by the �-k`,,.v`} an.d .i.\l�.d`arts �..;oZ:Y.'.t£..nAtee and the Tax. ..._......_..__......._........_..........._..............................._........................_. __. :m;�ast:rti:�:ttr c and then make it to the floor in the next two weeks. In the preliminary committee schedule, the only House cominittee that has announced hearings for next week is the Tax Committee, which will be meeting each clay from Tuesday through Friday to consider snore than 30 bills_ The Tax Committee has also announced a Saturday hearing that could be used to unveil their version of the omnibus tax bill. We expect that other committees, including the Finance April 5, 2007 Page 1 Committee and Ways and Means Committee N'll announce aggressive hearing schedules for next Meek. In addition to these likely protracted committee hearings, the House is expected to spend a significant amount of time on the floor over the next two weeks processing their maj or omnibus bills. This schedule would suggest that the major conference committees will convene by mid-April. In the Senate, a number of policy committee hearings have been announced for next week, but compared to the past two weeks, the schedule appears to be light. To view the House and Senate schedules for the coming week, please visit tw w ;1;<'; `Ec.xxzxlwa�w. Although your League lobbying staff has greatly appreciated the spring recess, the short term benefits could be quickly replaced -lith a new set of issues when rejuvenated legislators return to St. Paul. Given the political rancor that has erupted over the past two weeks, we suspect that many legislators will return to St. Paul with a fresh, constituent -influenced perspective that will likely impact the tenor and agenda of the final six weeks. In addition, even though the legislature can move quickly at times, the threat of gubernatorial vetoes of many of the major tax and spending bills could push this session right up to the final May 21 adjournment date. We suspect that all of these factors will yield -an all- out sprint to the finish. Questions? Contact Gare Carlson at 651.281.1255 orgcarlson@lmnc.org. For more information on city legislative issues, contact any member of the League of Minnesota Cities Int err overmnental Relations team. 651.281.1200 or 800.925.1122 L 1