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HomeMy WebLinkAboutCouncil Information Memorandum 05-18-2007CITY OF PLYMOUTH r COUNCIL INFO MEMO May 18, 2007 UPCOMING MEETINGS AND EVENTS Plymouth Advisory Committee on Transit Agenda for May 23 ............................................ Page 2 City of Plymouth to Celebrate Zachary Playfield Remodeling with Ribbon Cutting onMay 21, 6:00 p.m............................................................................................................. Page 3 May, June, and July 2007 Official City Meeting Calendars .................................................. Page 5 Tentative List of Agenda Items for Future City Council Meetings ..................................... Page 11 MEETING MINUTES April 19 Housing and Redevelopment Authority................................................................ Page 12 May 2 Planning Commission............................................................................................... Page 16 April 16 Youth Advisory Council........................................................................................ Page 27 CORRESPONDENCE Fire -Rescue Incident of Interest for 15260 18`h Avenue #605 ............................................. Page 30 Property Taxes Paying Lion's Share for State's Roads, Bridges ......................................... Page 31 Letter Re: Governor Tim Pawlenty's Veto and Return of House File 2294, Chapter 81 ... Page 34 Letter Re: Governor Tim Pawlenty's Veto and Return of House File 946, Chapter 84...... Page 36 Letter Re: Shingle Creek Watershed Management Commission 2008 Operating Budget. Page 39 City of Minnesota, Clear Channel Reach Tentative Agreement on Electronic Billboards.. Page 45 Variance for Cory and Ellen Tell (2007024) — Revised Meeting Day ................................. Page 47 AGENDA PLYMOUTH ADVISORY COMMITTEE ON TRANSIT Medicine Lake Room Wednesday, May 23, 2007 7:00 p.m. 1. Approval of agenda. 2. Approval of minutes for the April 25, 2007, PACT meeting (minutes attached) 3. Ridership update 4. Dial — A — Ride discussion (handout attached) 5. Adjournment Note: Please call Bernie Maciej, if you are unable to attend at 763-509-5535 (�2 CADocuments and Settings\m osenbaum\Local Settings\Temporary Internet Fi1es\0LK97\PACT_ template_agenda.doc City of Plymouth Photo Opportunity/News Advisory For Immediate Release May 18, 2007 Contacts: Eric Blank, 763-509-5201 Helen LaFave, 763-509-5090 City of Plymouth to Celebrate Zachary Playfield Remodeling with Ribbon Cutting Monday, May 21, 6 p.m. Zachary Community Playfield 4355 Zachary Lane, Plymouth (Northwest Corner of Co. Rd. 9 and Zachary Lane) The City of Plymouth will host a ribbon cutting to celebrate the remodeling of Zachary Corm-nunity Playfield. The project converted two adult size ball fields into three youth little league baseball fields. The project was a collaborative effort of the City of Plymouth and Plymouth -New Hope League. Plymouth -New Hope Little League contributed $250,000 to the project. The event will include a short program, which will include continents by Plymouth Mayor Kelli Slavik and Parks and Recreation Director Eric Blank. The mayor will throw out the first pitch at the new completed fields. Members of Plymouth -New Hope Little League, the Plymouth City Council and the Plymouth Parks and Recreation Advisory Commission will be on hand at the event. OFFICIAL CITY MEETINGS 1/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 ` J Apr 2007 S M T W T F 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 1.1 .12 5:30 PM CITY COUNCIL STUDYSESSION- STREET SWEEPING PROGRAM AND PRELIM. 2008-2009 BUDGET DISCUSSION, Medic- Lake Conference R- 7:00 PM ENVIRONMENTAL QUALITY COMMITTEE (EDC), Medicine Lake Rooms ic & B 7:00 PM PARK & REC ADVISORY COMMISSION(PRAC), Council Chambers 7:00 PM REGULAR COUNCIL MEETING, Coumfl Chambers 13 14 IS 16 17 18 19 6:30 PM YOUTH ADVISORY COUNCIL, Council Chambers F3:00 PM ARBOR DAY PLANTING, Pilgrim Lane School F7:00 PM PLANNING COMMISSION, Council Chambers 7:00 PM HOUSING 8 REDEVELOPMENT AUTHORITY (HRA), Medicine Lake Room A 9:00 AM •3:30 PM RECYCLING DROP-OFF EVENT, Maintenance Facility, 14900.N rt Avenue oh 20 21 22 23 24 25 26 5:30 PM CITY COUNCIL STUDY SESSION- ORGANIZED GARBAGE COLLECTION AND UPDATE WITH THE CITY MANAGER, Medicine Lake Conference Room 7:00 PM PLYMOUTH ADVISORY COMMITTEE ON TRANSIT (PACT) , Medicine Lake Room A 7:00 PM REGULAR COUNCIL MEETING, Council Chamber. 27 28 MEMORIAL DAY 29 30 31 6 Jun 2007 S M T W T F S (Observed) - City Offices Closed 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 5/18/2007 6 OFFICIAL CITY MEETINGS Juni, 2007 Sunday Monday Tuesday Wednesday Thursday Friday Saturday Ju12007 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 6:00 PM CITY COUNCIL STUDY SESSION - 2006 AUDIT PRESENTATION, Medicine Lake Conference Room 6:00 PM -7:00 PM PUBLIC MEETING ON CITY STORM WATER POLLUTION PREVENTION PLAN, Council Chambers 7:00 PM PARK 8 REC ADVISORY COMMISSION (PRAC), Council Chambers 7:00 PM REGULAR COUNCIL MEETING, Council Chambers 7:00 PM ENVIRONMENTAL QUALfrY COMMITTEE (EOC), Medicine Lake Rooms A 8 8 Flag Day 17 18 19 20 21 22 23 7:00 PM PLANNING COMMISSION, Council Chambers 7:00 PM HOUSING 8 REDEVELOPMENT AUTHORITY(HRA), Medicine Lake Room A 24 25 26 27 28 29 30 6:00 PM CITY COUNCIL STUDY SESSION - SPECIAL ASSESSMENT POLICY, Medicine Lake Conference Room 7:00 PM PLYMOUTH ADVISORY COMMITTEE ON TRANSIT (PACT) , Medicine Lake Room A 7:00 PM REGULAR COUNCIL MEETING, Council Chambers modified on 5/18/2007 OFFICIAL CITY MEETINGS July 2007 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 INDEPENDENCE DAY, City Offices closed S 515 PM MUSIC IN PLYMOUTH, Hilde Performance Center 6 7 8 9 10 7:00 PM REGULAR COUNCIL ME Council ChambersETING, 11 5:30 PM ENVIRONMENTAL QUALITYCOMMITTEE (ECC), Ponds, Plants, and Practices Tour- Starting at Plymouth Creek Center 12 7:00 PM PARK & REC ADVISORY COMMISSION (PRAC), Council Chambers 13 14 . 15 16 17 18 700 PM PLANNING COMMISSION, Council Chambers 19 7:00 PM HOUSING d REDEVELOPMENT AUTHORITY(HRA), Medicine Lake Room A 20 21. 22 23 24 7:00 PM REGULAR COUNCIL MEETING, Council Chambers 25 7:00 PM PLYMOUTH ADVISORY COMMITTEE ON TRANSIT (PACT) , Medicine Lake Room A 26 27 28 29 30 31 Aug 2007 S M T W T F 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 31 Jun 2007 S M T W T F 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 5/18/2007 91 Tentative Schedule for City Council Agenda Items June 12, Special, 6:00 p.m., Medicine Lake Room • 2006 Audit Presentation June 12, Regular, 7:00 p.m., Council Chambers • Accept 2006 Audit Report • Approve interim use permit to allow construction of a new home prior to the demolition of an existing home for property located at 2385 West Medicine Lake Boulevard. Daniel & Mary Balloy. (2007030) • Announcement of Music in Plymouth on July 5 • Authorize solicitation of bids for electronic records software systems 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 August 14, Regular, 7:00 p.m., Council Chambers August 21, Special, 6:00 p.m., Medicine Lake Room • Budget Study Session August 28, Special, 5:30 p.m., Medicine Lake Room • Budget Study Session August 28, Regular, 7:00 p.m., Council Chambers • Award bid for electronic records software systems September 4, Special, 6:30 p.m., Medicine Lake Room • Budget Study Session September 11, Regular, 7:00 p.m., Council Chambers • Adopt Preliminary Property Tax Levy and Budget September 25, Regular, 7:00 p.m., Council Chambers 1) Note: Special Meeting topics have been set by Council; all other topics are tentative. MINUTES PLYMOUTH HOUSING AND REDEVELOPMENT AUTHORITY April 19, 2007 PRESENT: Chairman Steve Ludovissie, Commissioners Jim Kovach, Jeff Kulaszewicz and Bob Stein ABSENT: Commissioner Jenny Flansburg STAFF PRESENT: Housing Program Manager Jim Barnes and Housing Specialist Paula Dorn OTHERS PRESENT: None 1. CALL TO ORDER Chairman Ludovissie called the Plymouth Housing and Redevelopment Authority meeting to order at 7:04 P.M. 2. CONSENT AGENDA A. Approve February 15, 2007 HRA Meeting Minutes B. Plymouth Towne Square. Accept monthly housing reports. C. Vicksburg Crossing. Accept monthly housing reports. D. Plymouth Crossroads Station TIF District 1-3. Amend legal description. MOTION by Commissioner Kovach and seconded by Commissioner Kulaszewicz to approve the consent agenda. Vote. 4 Ayes. MOTION approved unanimously. 3. NEW BUSINESS A. Habitat for Humanity. Purchase Agreement Housing Program Manager Jim Barnes gave a summary of the staff report. He also stated that a revised purchase agreement and Declaration of Covenants had been placed before the Board for consideration. Commissioner Kulaszewicz asked what the differences are between the revisions received at the Board meeting and the packet report. Housing Program Manager Barnes replied that Habitat for Humanity had requested some revised language in the Covenants, but the changes did not affect the terms and conditions of the sale or future use of the property. as. Plymouth Housing and Redevelopment Authority April 19, 2007 Page 2 Commissioner Stein asked if Habitat for Humanity controls the sale price when it is sold again. Housing Program Manager Barnes replied that there are controls in place through the mortgage that regulate the future price. The mortgage documents are written using the Land Trust model. Commissioner Kulaszewicz inquired if any consideration was given to an escalation factor. Housing Program Manager Barnes stated that staff considered this, but it was not placed in the documents due to the low income of the families purchasing the homes. Chairman Ludovissie asked what the estimated closing date is. Housing Program Manager Barnes replied that the closing is tentatively scheduled for April 30, 2007. MOTION by Chairman Ludovissie and seconded by Commissioner Kulaszewicz to approve the purchase agreement and related documents for the sale of HRA owned property to Habitat for Humanity. Vote. 4 Ayes. MOTION approved unanimously. B. Vicksburg Crossing. Consider adopting a smoking fee. Housing Program Manager Barnes gave an overview of the memo. Smoking in the units is currently allowed at both Vicksburg Commons and Plymouth Towne Square. Staff has noticed that when turning a unit, it costs more money to replace items in a smoking unit than in a non-smoking unit. The smoking units at Plymouth Towne Square are not as noticeable of a problem because the building has a different ventilation system than Vicksburg Crossing. Grace Management is proposing a smoking fee to cover the costs of redoing the unit, such as repainting and replacement of carpet once the tenant moves out. Requiring a smoking fee is a trend in the industry along with no smoking buildings. Chairman Ludovissie asked how many smoking units are currently in each senior building. Housing Program Manager Barnes replied that there are six to ten residents at both Vicksburg Crossing and Plymouth Towne Square who smoke in their units. Housing Program Manager Barnes explained how the fee would be coordinated when tenants sign a new lease at move -in or at lease renewal. Chairman Ludovissie stated that the proposal is a good idea. Commissioner Kovach asked if the buildings currently have a designated smoking wing. Housing Program Manager Barnes replied no. Commissioner Stein stated he is in favor of the smoking fee but is interested in researching if we should take it to the next level and make the building smoke free. Housing Program Manager Barnes stated staff has consulted with the city attorney and the HRA could institute a policy making the building smoke free. Commissioner Stein asked if other publicly owned senior buildings have gone smoke free. Housing Program Manager Barnes said staff has not looked into this yet because staff was not sure of the 113 Plymouth Housing and Redevelopment Authority April 19, 2007 Page 3 Board's position on this issue. HRA Specialist Dorn stated that most Public Housing buildings have gone smoke free in other cities. Commissioner Stein asked if the $1,000 fee is sufficient to cover the damages. Housing Program Manager Barnes stated that he did not think the fee would be sufficient to cover all of the costs associated with turning a unit that is occupied by a heavy smoker. Commissioner Kovach asks how many units are currently occupied at Vicksburg Crossing. Housing Program Manger Barnes indicated that 54 units are occupied. Chairman Ludovissie said staff is most concerned with the heaviest smokers and the damages that they cause to the units. He added that he is concerned about complaints from residents and how staff would monitor the situation. Commissioner Stein asked what would be done if a tenant moved in and they do not currently smoke, but started smoking mid -lease. Housing Program Manager Barnes stated that the lease could be structured to include language to address that issue. He also said that they could "grandfather" in anyone who is currently living in the building. Commissioner Stein asked if the fee could be spread out over time to help residents that could not afford to pay the fee up front. Housing Program Manager Barnes said that the management staff could be flexible on how payment is received. Commissioner Kovach asked if a lesser fee would be charged to the tenants that occupy the affordable units. Housing Program Manager Barnes replied no. Chairman Ludovissie stated he would like to have a draft policy written out and presented at the next meeting. Commissioner Stein asked if a fee of $750 is enough or if $1,000- $1,200 is more appropriate. He stated he would like more detailed information on the replacement costs from the buildings. The Board tabled the item in order for staff to gather more detailed information on the costs for "turning' a unit and to research the possibility of making both HRA buildings entirely smoke free. C. Plymouth HRA. Review and accept the 2006 Annual Report. Housing Program Manager Barnes stated he would not go through the entire report but would answer any questions if that was acceptable to the Board. The Board agreed. Commissioner Kulaszewicz asked if the Habitat project was a goal for 2006 or 2005. Housing Program Manager Barnes explained that the Habitat project will be reflected in the 2007 Annual Report. Chairman Ludovissie inquired about the update of the HRA's Strategic Plan. Housing Program Manager Barnes reviewed the Board's discussion from January and stated it was staffs' understanding that the HRA would continue with the existing Strategic Plan that Iq Plymouth Housing and Redevelopment Authority April 19, 2007 Page 4 was adopted in 2003, and will coordinate the update of the Strategic Plan with the City's update of the Comprehensive Plan. Chairman Ludovissie asked about redevelopment opportunities. Commissioner Stein stated that the Council is still reviewing possible redevelopment sites as part of the Comprehensive Plan process. He indicated that two open houses were held and the Council will evaluate the public input in May. MOTION by Chairman Ludovissie and seconded by Commissioner Kulaszewicz to accept the 2006 HRA Annual Report. Vote. 4 Ayes. MOTION approved unanimously. 5. ADJOURNMENT The meeting was adjourned at 8:14 PM. )J5, Approved Minutes City of Plymouth Planning Commission Meeting May 2, 2007 MEMBERS PRESENT: Chair James Holmes, Commissioners Frank Weir, Karl Neset, James Davis, Terry Jaffoni and Erik Aamoth MEMBERS ABSENT: Commissioner John Cooney STAFF PRESENT: Planning Manager Barbara Senness, Senior Planner Shawn Drill, Senior Planner Marie Darling, Planner Joshua Doty, 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 Weir, seconded by Commissioner Davis, to approve the May 2, 2007 Planning Commission Agenda. Vote. 6 Ayes.. MOTION approved. 5. CONSENT AGENDA A. APPROVAL OF THE APRIL 18, 2007 PLANNING COMMISSION MINUTES MOTION by Commissioner Weir, seconded by Commissioner Davis, to approve the April 18, 2007 Planning Commission Minutes. Vote. 6 Ayes. MOTION approved. 6. NEW BUSINESS A. HANS HAGEN HOMES, INC. (2007020) Chair Holmes introduced the request by Hans Hagen Homes, Inc. for a Planned Unit Development (PUD) amendment to replace an existing changeable copy sign with an electronic changeable copy sign in the sign kiosk at Plymouth Station located at 16605 County Road 24. Senior Planner Darling gave an overview of the April 24, 2007 staff report. 9 Approved Planning Commission Minutes May 2, 2007 Page 2 Commissioner Aamoth asked if staff has any studies that show a direct correlation between electronic signs and increased traffic problems. Senior Planner Darling said that the larger the sign, the more data that is available. Commissioner Aamoth asked if those studies are for signs that have blinking lights or for flashing trailers. Senior Planner Darling said staff has none to date for smaller electronic signs. Chair Holmes introduced the applicant, John Rask, representing Hans Hagen Homes, Inc. Mr. Rask gave an overview on the history of the development of the shopping center, the number of tenants in the center and the sign needs for the center. He said that currently, each tenant gets to reserve a certain amount of time on the kiosk. There are 27 tenants, so each tenant gets about two weeks a year. He said it is important to consider the number of tenants that would benefit and be able to utilize this signage. He said that it is also important to note how it fits in to the comprehensive sign plan that was approved by the City Council as part of this development. Mr. Rask said the signage is tastefully done and they try to respect tenants' desires to advertise their businesses. He said they are trying to avoid proliferation of temporary signs as they have struggled to enforce their rules. He said their kiosk and the proposal are well designed signage that won't clutter up this site. He said that the kiosk has served its purpose in that regard. He said that the sign proposed is an electronic message sign, which is no different than what's there now. He said that instead of getting on a ladder to change letters, they can change it via keyboard. Mr. Rask said that they have looked at a lot of studies and that they don't want to propose anything that isn't safe. He said that studies find that if you have the appropriate size font that is readable, it is not considered a distraction. He said this is not a safety concern because studies have shown that it is not a distraction if done well and that it's a matter of aesthetics. He said they are decreasing the amount of changeable signage. Mr. Rask said this type of request does not set a legal precedent as this is a PUD. He said they are trying to improve the aesthetics, the look of the sign and it is easier to change the message. Commissioner Aamoth asked if all the tenants are on board with the change. Mr. Rask said that due to the uncertain nature of the application, they have not talked to all of the tenants yet. Commissioner Aamoth asked if there were any estimates on the financial impact for the tenants with more visibility. Mr. Rask said that under the City regulations, they are allowed to change the message three to four times per hour and that they plan to have one tenant message at a time. Commissioner Aamoth asked how long it would take to change the message on the new sign. Mr. Rask said it would be done simultaneously from their office. 4 Approved Planning Commission Minutes May 2, 2007 Page 3 Commissioner Aamoth asked who would be responsible for the cost to bring down the sign if it is erected. Mr. Rask said that as the property owner, they would be responsible for putting up and taking down the sign. Commissioner Davis asked what impact this would have on small signs that are seen along the property. Mr. Rask said that each tenant lease states that they are not allowed to have temporary signs on the premises or in windows. He said he thought this would provide a more effective means to meet their needs and would reduce those problems. Chair Holmes opened and closed the public hearing as there was no one present to speak on the item. Commissioner Neset stated that he understands the concerns for safety but he is inclined to push this through in a positive way. He said he likes the way the sign looks, that he is not a fan of the current sign and this sign is cleaner, as long as it is not flashing to distract traffic. He said he liked that it would impact the signs placed temporarily on property and in windows. He said this sign would be an improvement to the site overall and he would support approval of this request. Commissioner Davis asked if this request is approved, whether all the other rules in the ordinance about signs still apply about how many times a day they can change it and about flashing and scrolling. Senior Planner Darling said that the Planning Commission can include those as conditions and could also add additional conditions as well. She said that Plymouth Station is a PUD, so the Planning Commission can customize the standards. She said that if the Planning Commission recommends approval, it should be subject to the standard conditions in the zoning ordinance. Commissioner Weir asked how the size of the print will affect the size of the signage. Senior Planner Darling said because the center is a PUD, there is some ability to customize the size of letters. She said that if a larger sign is approved without specific findings, staff is worried that will open the ordinance to challenge when other developments are told they cannot exceed 25%. Planning Manager Senness added that when the City looked at changing the ordinance to add electronic signs for up to 25% of the sign, it was for the Waterford Center where there is an unusual situation due to difficulty in seeing the individual tenant signage. She said this center has somewhat similar circumstances. She said there may be difficulty if other applicants would come forward, the City may not be able to find a basis to say no. Commissioner Davis asked if the applicant wanted to have an electronic reader board as 25% of the sign, whether that would be the face of the sign or the total dimension of the sign and how would that be reviewed. Senior Planner Darling said that the proposal is for 77% now and if they had proposed 25% of the sign, that could have been approved administratively. Mr. Rask added that they have a lot less signage than the other center referenced and they would be happy to restrict to this signage as it is today. Approved Planning Commission Minutes May 2, 2007 Page 4 Planning Manager Senness said that signage is in a state of change right now. She said that at the last ordinance revision, the City Attorney had stated that the ordinance would be back again very soon because of the state of technology and costs becoming affordable for more businesses to have this type of signage. She said that staff has a concern for making a decision that could affect a lot of other signage without doing it in a larger context for the rest of the City. Commissioner Davis asked if ordinance changes are being looked at now so that possibly in the future if something is changed, the applicant could come back under a new ordinance. Planning Manager Senness said that there will be changes made to the sign ordinance in the next year update. Commissioner Weir stated that he understands the client would like to have an electronic sign and since it's not changing frequently, he certainly empathizes with them. He said that he is concerned that if this is approved now it could open doors to a lot more than what the City is willing to do right now. Commissioner Aamoth stated that the size is not as important a measure as whether the ordinance fits or not. He said he would be comfortable if more applicants came with same request. He said that taking care of the blinking issue and the ones on trailers are more distracting than size. He said he spoke with Mn/DOT and it is appropriate to regulate the frequency of message changes and at the frequency the City allows, there should be no issue. He said he supports Commissioner Neset's position and would also vote to approve and have the City Council look at this request. He said this is the right thing to do for the businesses in this community and the concern about the traffic is not so strong that that should trump the interest of the businesses. Commissioner Jaffom asked if this is approved and more applicants come in before there is time to make any changes to the zoning ordinance, what the legal allegations are at that point for having established precedence. Planning Manager Senness said that findings that would be specific to this center can be crafted but that she is not sure there are characteristics that are different from other centers that can make that differentiation. She said that if other applicants came forward, there would be a variance situation until the Planning Commission and City Council looked at changing the ordinance. Commissioner Jaffoni stated that if a whole series came forward as a result of these decisions and if the zoning ordinance is not changed, there is not much the Planning Commission can do. Planning Manager Senness said they can still say no to the others but there would still have to be a good basis to do it. Chair Holmes stated that in looking at this request there is not a lot of question that the new sign is more aesthetically pleasing than the old sign. He stated that the issue is that there is a new technology layer being brought into signage that really hasn't been contemplated from the City standpoint. He said that he would look at approving this sign but limiting the Approved Planning Commission Minutes May 2, 2007 Page 5 number of changes to once per day, since the goal of the sign is to give awareness of the tenant. He asked that staff work on illumination issues in defining the electronic sign versus the backlit sign in the lighting ordinance and the limitations so parameters can be given of what can and cannot be done on signage. He said that he understands that if it had been 25% of sign space, the request wouldn't be before the Planning Commission and it is the larger size that makes this request subject to the Commission's review. He said that he is in favor of newer and better looking signs but the City needs to drastically control the changes on the sign and the lighting. Commissioner Weir stated that he is not opposed to what is being proposed; however, the whole picture needs to be looked at before approving. MOTION by Commissioner Weir, seconded by Chair Holmes, to deny the request by Hans Hagen Homes, Inc. for a PUD amendment to replace an existing changeable copy sign with an electronic changeable copy sign in the sign kiosk at Plymouth Station located at 16605 County Road 24. Commissioner Davis stated that the sign proposed seems to be an improvement over the current sign but he is concerned about opening up a can of worms. He stated that he is not a fan of electronic signs and that he supports the denial of the request. Roll Call Vote. 3 Ayes. MOTION failed (Commissioners Neset, Aamoth and Holmes voted nay). Item referred to the City Council subject to the comments of the discussion. B. DANIEL & MARY BALLOY (2007030) Chair Holmes introduced the request by Daniel and Mary Balloy for an interim use permit to allow construction of a new home prior to demolition of an existing home for property located at 2385 West Medicine Lake Boulevard. Planner Doty gave an overview of the April 24, 2007 staff report. Commissioner Weir asked if the applicant will be using the garage attached to the existing house or using the detached garage during construction. Planner Doty said that during construction of the new home, the existing garage would only be used for storage and that the applicant would need to use the detached garage for parking vehicles. Chair Holmes asked what the plan is to get the refuse off the property when the old structure is taken down. Planner Doty said that the applicant has permission from the property owner to the south to place a dumpster on their property for removal. Chair Holmes asked if repair to the stairway on the property that goes to the lake is included in the construction plan. Planner Doty said that the plans do not indicate any changes to this stairwell. Approved Planning Commission Minutes May 2, 2007 Page 6 Chair Holmes introduced the applicant, Dan Balloy, 2385 West Medicine Lake Boulevard. Mr. Balloy stated that he had no comments or questions to add. 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 Davis, to approve the request by Daniel and Mary Balloy for an interim use permit to allow construction of a new home prior to demolition of an existing home for property located at 2385 West Medicine Lake Boulevard. Roll Call Vote. 6 Ayes. MOTION approved unanimously. C. O'BRESKY CLEANERS, INC. (2007031) Chair Holmes introduced the request by O'Bresky Cleaners, Inc. for a zoning ordinance text amendment to allow dry cleaning with processing facilities as an allowed use in the commercial zoning districts. Senior Planner Darling gave an overview of the April 24, 2007 staff report. Commissioner Aamoth asked if a different dry cleaner came to the Planning Commission with a similar proposal, would they also have to use the same chemicals. Senior Planner Darling said they would not have to use the same chemicals as there are other alternatives they can use. She said that staff wrote the ordinance to be open to the type of chemicals used because technology changes so quickly. Commissioner Jaffoni asked how much hazardous chemicals can be involved for the minimal hazardous waste generator license. Senior Planner Darling said it is ten gallons a year. Commissioner Jaffoni asked if this request is approved and this business is not a minimal waste generator because of the use of the other chemical, will it set a precedent that minimal waste generators will also be accepted in the commercial zoning districts. Senior Planner Darling said that for dry cleaning processing facilities, staff is requesting to alter the zoning ordinance itself so it limits dry cleaning businesses to those that are minimal waste generators or those that generate no hazardous waste because many dry cleaners use less hazardous waste processing but still use hazardous chemicals as spot treatments. Planning Manager Senness asked for clarification that the county only does minimal regulations for those that are minimal waste generators because they have found it is not a major concern. Senior Planner Darling said that staff is comfortable recommending this situation because with a minimal generator, the county does an initial inspection of the business and they monitor them from time to time. She said that they don't do regular inspections because the amount of hazardous waste on site is quite small. Approved Planning Commission Minutes May 2, 2007 Page 7 Chair Holmes introduced the applicant, Daniel O'Bresky, representing O'Bresky Cleaners, Inc. Mr. O'Bresky said that the dry cleaning industry is going to undergo a very major change due to chemical issues. He said they are looking at the opportunity to go to a very safe process, to provide a better product for customers and because the hazards to workers and to the environment are minimal. He said that spotting chemicals are used in drops. He said that dry cleaning with hazardous materials is allowed in industrial areas but studies show that if service is provided right at the store where customers can walk in and see where their clothes are being handled, sales are 50 to 100% higher. He said that another issue is the fuel savings by not transporting clothes back and forth. He said that they may service a couple of drop stores that don't have plants in them out of this retail location but the main focus is going to be retail locations. Chair Holmes introduced Michael Gates, representing the dry cleaning franchise. Mr. Gates stated he was there to answer any technical questions that the Planning Commission may have. Chair Holmes opened and closed the public hearing as there was no one present to speak on the item. Commissioner Davis asked why the size limit of the dry cleaning processing facility as suggested in the staff report is not included in the ordinance language that is proposed. Senior Planner Darling said that staff did not include that particular limitation as they found the use to be compatible to others without the size restriction. MOTION by Commissioner Weir, seconded by Commissioner Neset, to approve the request by O'Bresky Cleaners, Inc. for a zoning ordinance text amendment to allow dry cleaning with processing facilities as an allowed use in the commercial zoning districts. Roll Call Vote. 6 Ayes. MOTION approved unanimously. D. CAMP BOW WOW (2007033) Chair Holmes introduced the request by Camp Bow Wow for a zoning ordinance text amendment, site plan amendment and conditional use permit to allow a dog day/overnight boarding use with an outdoor play area at 2067 East Center Circle, Building 6. Planner Doty gave an overview of the April 24, 2007 staff report. Commissioner Neset said that this is being proposed for an industrial district and asked what the neighbor's impact would be on the dogs to keep them calm and quiet. He asked if they will be staffed overnight and how emergencies will be handled. Planner Doty said that the majority of the building is warehouse space and that the facility would not be staffed at night. Planner Doty referred to the applicant to respond to the handling of emergencies. Approved Planning Commission Minutes May 2, 2007 Page 8 Commissioner Davis asked if there is any place in the City of Plymouth that this facility could go in right now. Planner Doty said not without a change to the zoning ordinance text. Commissioner Davis asked for the difference between this facility and a kennel. Planner Doty said that a kennel can include the permanent storage of dogs and is not intended for day and overnight boarding on a temporary basis. Planning Manager Senness added that the zoning ordinance only allows for a kennel in conjunction with a veterinary operation and since the applicant doesn't plan to do that, there needs to be a change to the zoning ordinance. Commissioner Davis asked if any interior noise is the responsibility of the owners, the tenant or the City if one tenant objected about another tenant. Planner Doty said that the City would respond to any complaints and contact the owner. Planning Manager Senness said that the Burnsville Camp Bow Wow location is a multi -tenant building and they are currently working on some insulation along pipes so that noise doesn't travel between tenants. She said that the City would consider complaints but that property management would likely be on top of that issue. She added that this was a location that the property owner said would work for the applicant. Commissioner Jaffoni said that the zoning ordinance text amendment is not specific to this particular site but to districts, so Commissioner Neset's observation that animals going into a heavy industrial district environment could be a different situation where there is quite a bit of disturbance to the animals. She asked that if this change was made to the I-2 district, would it also be allowed in the 1-3 district or can it be limited to I-2. Planning Manager Senness said that it could be added that the use would not be allowed in I-3. She said that most of the I-3 uses in the community are not in multi -tenant buildings but are singles users and would be self -policing; whereby, a particular property manager or owner is going to make sure their tenants are properly protected so that the stay. Chair Holmes asked that if things go down the wrong path with a conditional use permit, if the use could be taken away. Planning Manager Senness said that is correct. Commissioner Aamoth asked if staff had received any feedback from notices that were sent out. Planner Doty said that staff did receive one visit at City Hall from a business owner located a distance away and they had no issues. Planning Manager Senness added that the City of Plymouth exceeds notice requirements for anyone potentially affected. Chair Holmes introduced Jeff Hall, representing Camp Bow Wow, 14305 Ewing Avenue South in Burnsville. Mr. Hall stated that they are part of a nationally franchised boarding facility and that a number of locations had tried to have staff available at night. He said that the dogs were aware of the staff and stayed up all night so they have abandoned that practice all across the country. He said that they have door alarms, glass alarms, motion d,3 Approved Planning Commission Minutes May 2, 2007 Page 9 detectors and temperature sensors and that the Burnsville Fire Department. and Police Department have emergency evacuation plans on file. Commissioner Davis asked if a sprinkler system is required in this facility. Mr. Hall responded that they do have a sprinkler system. Commissioner Neset asked about the evacuation plans. He asked that if these dogs are all secured in individual kennels at night, would all the kennels be able to be opened quickly and would they be opened by firefighters. Mr. Hall said the kennels have individual latches that are easily opened and they would be opened by firefighters in the same procedure as for a veterinary clinic. Chair Holmes introduced Raymond Vaughn, representing Carlson Real Estate Co. Mr. Vaughn said that noise would not affect the dogs. He said the building has sprinklers and is up to all fire/safety codes for the City of Plymouth. He said that this location will work out the best for the applicant. Chair Holmes introduced Mary Jo Bailey from Bailey Properties, representing Camp Bow Wow. Ms. Bailey said that one of the challenges is finding a site that is set up to allow this type of use. She said that dogs are dropped off in the morning, similar to a day care, and stay all day long. She said that rather than being in kennels all day, they have eight play areas for the dogs to interact with each other and expend their energy. She said that they have web cam sites for owners to see their dogs. She said that the dogs are very busy in the mornings and by afternoon, it is common to see them sleeping. She said that they looked extensively in the area for a site and feels that this site is the best. Commissioner Jaffoni asked how much of their business is for dog day care and how much is for overnight boarding. Ms. Bailey said that the vast majority is for dog day care and the boarding is for the day care customer. Mr. Hall added that Monday through Thursday there is more day care than boarding but that on weekends and holidays, there is a lot more boarding. He said that any dog attending the facility goes through an interview process. He said that customers are looking for a safe, clean place for their dogs and they cannot have vicious dogs. Commissioner Jaffoni asked if they work with an area veterinarian to control any outbreaks of disease. Mr. Hall said that their staff has been trained in emergency procedures and that they do work with several veterinarians, with one set as the primary veterinarian during the day. Chair Holmes introduced the applicant, Mr. Netley, representing Camp Bow Wow. Mr. Netley said that he will run the facility as part owner and will be there every day. Chair Holmes opened and closed the public hearing as there was no one present to speak on the item. Approved Planning Commission Minutes May 2, 2007 Page 10 Planning Manager Senness said that this is clearly a use that seems to be emerging and was not something that was allowed in the City before. She said that staff has viewed the Burnsville facility and found it to be a very impressive facility on the inside with no noise concerns outside. Commissioner Weir asked about the concern that was raised to limit this to the I-2 district. Planning Manager Senness said that this could be kept in I-2 and not carry over to I-3. Chair Holmes added that I-3 tends to be a larger, heavier industrial area for stand-alone facilities and would probably not be a target location for an operation like this. He said this is not to say that an I-3 may be subdivided and still have that classification. MOTION by Commissioner Weir, seconded by Commissioner Davis, to approve the request by Camp Bow Wow for a zoning ordinance text amendment, site plan amendment and conditional use permit to allow a dog day/overnight boarding use with an outdoor play area at 2067 East Center Circle, Building 6. MOTION by Commissioner Jaffoni, seconded by Commissioner Weir, to amend the motion that the resolution for a zoning ordinance text amendment will only specify the I-2 (General Industrial) zoning district. Roll Call Vote. 5 Ayes. MOTION passed (Commissioner Davis voted nay). Roll Call Vote. 6 Ayes. MOTION approved unanimously. 7. NEW BUSINESS A. CUSTOM POOLS, INC. (2007022) Chair Holmes introduced the request by Custom Pools, Inc. for a setback variance to allow installation of an in -ground swimming pool for property located at 13010 Sunset Trail. Senior Planner Drill gave an overview of the April 24, 2007 staff report. Commissioner Jaffoni asked if other properties in the area along the lake had any similar types of swimming pools or other projects that have been built in the last five years. Senior Planner Drill said that there are a few existing pools to the north but there have not been a lot of new projects in this area in the last five years. Commissioner Neset said the proposal, as constructed, does not exceed the impervious coverage limitation. He asked if the applicant reduced the pool size to comply with impervious surface. Senior Planner Drill said that given the area to work with, they did select a smaller pool size. He said they also removed a planned patio area from what was initially proposed to stay below 25% coverage. a� Approved Planning Commission Minutes May 2, 2007 Page 11 Commissioner Davis asked if the pool would have sufficient setback from the property to the east. Senior Planner Drill said that there would be a six-foot setback in compliance with City requirements. Chair Holmes introduced the applicant, Mike Mulvaney, representing Custom Pools, Inc. Mr. Mulvaney said that there is a pool to the north of the property and with this pool, there would be four pools right in that area. He said the property owner has had a pool in the past and they have kept the size for this pool as small as possible to keep as little intrusion into this area as they can. Commissioner Neset stated that he supports this request. He said that it is important to keep in mind that this lot was established prior to the establishment of shoreland regulations and that the applicant did their part to limit the impact on such a difficult lot. Chair Holmes stated that because of the existing lot configuration, the size of the pool and the one setback variance, he would vote in favor of the request. MOTION by Commissioner Weir, seconded by Commissioner Neset, to approve the request by Custom Pools, Inc. for a setback variance to allow installation of an in -ground swimming pool for property located at 13010 Sunset Trail. Roll Call Vote. 6 Ayes. MOTION approved unanimously. 8. ADJOURNMENT MOTION by Chair Holmes, without objection, to adjourn the meeting at 9:12 p.m. INA YOUTH ADVISORY COUNCIL MEETING MINUTES April 16, 2007 6:30 PM Council Members Present Absent Charlotte Arneson X Lindsey Beste X Alison Cheng X Christopher Fel X Anne Gottwalt, Vice -Chair X Kristen Letich, Chair X Michael Offerman X Parth Shah X Neha Singh X Others present: Community Liaison Gary Landis and Deputy City Clerk Maria Rosenbaum. 1. Call to Order Chair Letich called the meeting to order at 6:35 p.m. 2. Presentations 2a. A representative from the Mosaic Youth Group was not present at 6:30 p.m. and the Youth Advisory Council continued with the meeting as follows until the representative arrived. (* Indicates where in the meeting the representative arrived.) 3. Approvals 3a. Councilmember Singh made a motion, seconded by Vice -Chair Gottwalt, to approve the agenda. Motion passed unanimously. 3b. Chair Letich made a motion, seconded by Councilmember Singh, to adopt the March 5, 2007, meeting minutes. Motion passed unanimously. 4. City Council Update 4a. Deputy City Clerk Rosenbaum discussed that the City Council had a special meeting in March to continue discussions regarding the City's Land Use Plan and Hollydale Golf Course. 5. Special Items 5a. 2006 Annual Reports/2007 Work Plans for the Environmental Quality Committee, Planning Commission, and Plymouth Advisory Committee on Transit Deputy City Clerk Rosenbaum informed that these reports had been provided to the Council for review and notification as to what other commission's annual reports/work plans consisted of for 2006/2007. 10M 5b. Youth Advisory Council 2006-2007 Work Plan Deputy City Clerk Rosenbaum informed that the 2006-2007 Work Plan had been included with the agenda to provide the Council documentation as to what had been done in the past. The Council will need to create a 2007 Annual Report and a 2007-2008 Work Plan. The Council discussed how they had created this in the past and was in consensus of having this item placed on the May Agenda for further discussion. Also to be placed on the May Agenda would be a list of the Commissions that Council Members are to be respectively following via the City's Website. * At this time, Mosaic Youth Representative Elyse Farnsworth, arrived and presented a Power Point Presentation on the Mosaic Youth Center and what the Center has to offer. Vice -Chair Gottwalt asked if the Mosaic Youth Center was aware of the upcoming Youth Leadership Conference. Ms. Farnsworth responded she was not aware of the event. She informed that the Center has an activity bulletin board and that it would be a great way to get events posted. Deputy City Clerk Rosenbaum was asked to e-mail the flyer that had been created to Ms. Farnsworth. Ms. Farnsworth expressed thanks for the opportunity to speak and encouraged the Council to come and check the Center out at anytime. 5c. Youth Leadership Conference Scheduled for April 24 The Council discussed the upcoming event and the following will be taking place: • All Council Members are to arrive at the Plymouth Creek Center at 5:30 p.m. • Chair Letich will do an introduction on the Youth Advisory Council and discuss their mission. • All Council Members should be greeting at all times and Vice -Chair Gottwalt and Council Member Fei should greet and welcome the speakers. • Deputy City Clerk Rosenbaum will be ordering Subway sandwich platters for 100 people. Along with the sandwiches, chips, cookies, and beverages will be purchased. • Deputy City Clerk Rosenbaum will be purchasing name tags and get a basket for the door prizes. • Deputy City Clerk Rosenbaum will print Bios and place them at each table. • Deputy City Clerk Rosenbaum will create a Thank You letter and provide to the Council for their review before sending. The Council discussed whether or not door prizes would be given away. It was the consensus of the Council that they would try and get what they could for door prizes and report to Deputy City Clerk by Friday, April 20, 2007. Chair Letich informed that she had a letter that could be used to help seek donations and will forward the letter to Deputy City Clerk Rosenbaum, who in turn would send via e-mail to all members of the Council. B 5d. Youth Service Awards Donations Council Members discussed the previous year's events and Chair Letich informed that she would like to continue to make this event better. She discussed the issue of not having enough money for the event and informed that she would like to use a letter to help seek donations. Community Liaison Landis discussed that the Council may want to consider changing how this event takes since it is not expanding. The Council will continue to seek donations and will discuss at its next meeting. 5e. Meeting Date for June Council Members discussed the meeting dates for May and June. It was the consensus of the Council to amend their meeting date of May 7 to May 14 and set June 4. 6. Adjournment A motion by Vice -Chair Gottwalt, seconded by Councilmember Offerman, to adjourn the meeting at 7:55 p.m. Motion passed unanimously. PLM MI Tk FIRE -RESCUE PLYMOUTH FIRE DEPARTMENT 3400 Plymouth Boulevard Plymouth, Minnesota 55447 763-509-5120 FIRE -RESCUE INCIDENT OF INTEREST DATE: May 13, 2007 TIME: 8:08 p.m. ADDRESS: 15260 181h Av. #605 DETAILS: On Sunday evening, May 13, 2007, the Department was dispatched to a fire alarm at 15260 181h Av. Upon the arrival of Engine 11 (Kuss, Fasching, Perbix, Alberti, Halvorsen), residents reported smoke in the entryway. Engine 11 forced entry into apartment 605, confirmed heavy smoke conditions, and requested a general alarm. Engine 11 established a water supply, advanced a handline inside the apartment, conducted a primary search, and extinguished a fire in the living room. Tower 11 (Evenson, Carlson, Weldon) assisted with overhaul and ventilation. The fire was declared under control 14 minutes following fire department arrival. Thirty-one Plymouth fire personnel responded to the scene of this incident. RESPONSE TIME: Ten minutes. This call occurred outside the Duty Crew's hours of operation. FIRE ORIGIN/CAUSE: The origin and cause of the fire are under investigation. ESTIMATED FIRE LOSS: $100,000. P.F.D. RESPONDING UNITS: Engine Companies: E-11, E-21, E-31 Ladder Companies: TW -11, A-21, L-31 Support Units: Rescue Companies: R-21, R-31 Chief Officers: C-2, C-21 Mutual Aid: ASSISTING AGENCIES: EMS: Yes Red Cross: No Salvation Army: No Public Works: No State Fire Marshal: No Henn. Fire Invest. Team: No SECTOR OFFICERS: Captain Evenson/District Chief Luth (Command), Lieutenant Carlson (Interior), Lieutenant Rasmus (Relief), Firefighters Larson, M. Anderson, Halvorsen (Investigation). 31 Star Tribune Articles on Property Taxes & Building Codes/Mold Pagel of 3 Maria Rosenbaum From: Laurie Ahrens Sent: Monday, May 14, 2007 11:39 AM To: Maria Rosenbaum Subject: FW: Star Tribune Articles on Property Taxes & Building Codes/Mold Please put article in CIM. Property taxes paying lion's share for state's roads, bridges As Minnesota's taxes dedicated to roads and bridges have stagnated, property tax payers have picked up the slack. By Conrad Defieu.re, Star Tribune http://NN,-",,,A,,.startribune.co.m/587/story/l 1799 9.6.lrtml Last update: May 12, 2007 — 6:18 PM Motorists who use two interchanges on Interstate Hwy. 494 can thank a surprising group of contributors to Minnesota's freeway system: Woodbury property tax payers. In the past dozen years, Woodbury residents and businesses have forked over $34 million in taxes and special assessments to add on- and off -ramps at Lake and Tamarack Roads to serve the fast-growing suburb's traffic needs. "Something needed to be done," said City Administrator Clint Gridley. "There was no money from the state. It had to be on the nickel of our local taxpayers." They had to pay because dedicated roads funding from state and federal road -user sources such as fuel and vehicle taxes has been relatively stagnant for years. Meanwhile, local property levies for roads and bridges in Minnesota have doubled since the mid-1990s -- to an estimated $1.6 billion in 2006. The result, little noticed by most Minnesotans, is that property taxes have become the state's single largest funder of roads, nearly equal to all state and federal sources combined. And the connection between crumbling, congested roads and rising property taxes is helping fuel legislative debate over increasing state taxes for transportation. Property taxes and assessments for roads now are four times what Minnesota gets via the federal gasoline tax, three times the state's vehicle taxes and fees, and more than double the state gas tax collections. "It's absolutely not fair," said state Sen. Steve Murphy, DFL -Red Wing, chief sponsor of the Legislature's latest attempt to raise the gas tax and vehicle fees. "It's happened because we haven't raised the gas tax since 1988." Phil Krinkie, president of the Taxpayers League of Minnesota, disputes that assessment. "Property taxes have always paid for local roads," he said. "That's for local governments to decide. They're the ones that 5/14/2007 liar 1 rloune Arilcles on rropeIly I aXCS M DU11Uing I.0UCS/1V101U ragC G 01 ) raise property taxes." State transportation officials under Gov. Tim Pawlenty acknowledge that local governments, which manage 90 percent of Minnesota's 132,000 miles of streets and roads, need more revenue to build and maintain them. But Pawlenty opposes increasing state -level taxes for transportation, more than a third of which go to local road expenses. Instead, Pawlenty has won support from voters and the Legislature for transferring vehicle sales and lease taxes to roads and transit. Bob McFarlin, assistant to Lt. Gov. and Transportation Commissioner Carol Molnau, said those phased - in initiatives will eventually increase state contributions to local roads by the equivalent of a gas tax hike of 6 cents a gallon. Meanwhile, McFarlin said, the rising property tax burden for local thoroughfares has sparked "a fair and honest debate" over the state's responsibility for that part of Minnesota's transportation network. To that question, he added, "I don't have an answer." Local sales taxes tapped, too Local taxpayers in only four states -- California, Florida, New York and Texas, all with at least three times the population of Minnesota -- paid more for roads and bridges in 2004 than Minnesotans did, according to the latest figures from the Federal Highway Administration. Besides the Woodbury projects, freeway interchanges in Blaine, Eagan, Lakeville, Maple Grove and Richfield have been built with local funding, officials say. Olmstead County borrowed $12 million for work on Hwys. 52 and 63, while Rochester extended a half - cent city sales tax for transportation improvements. After spending $35 million on local road improvements over the past five years, St. Cloud imposed a local sales tax to ease the bite on property ,.�ij N&I While local taxpayers have paid to improve some parts of the state trunk highway system, an even bigger burden has been the increased costs of maintaining 120,000 miles of county, city and township streets and roads. Three-quarters of that system is eligible for state aid from the gas tax and other user sources. But the actual money that counties and cities receive has fallen to no more than $17 for every $1,000 in needs, according to a study by the League of Minnesota Cities and associations of public works engineers. And the gap is growing. Across all Minnesota jurisdictions, the share of property taxes going to roads and bridges increased from 13.6 percent of total levies in 1988 to 18.5 percent in 2004, according to state House research. In west -central Minnesota's Kandiyohi County, the road and bridge property levy went from $2.25 million in 2002 to $3.65 million this year. Given that surge, freshman state Sen. Joe Gimse, R -Willmar, has publicly supported a nickel -a -gallon gas tax increase, even though he said: "I don't have working people coming up to me and asking me to raise their taxes." 5/14/2007 39 Star Tribune Articles on Property Taxes & Building Codes/Mold Page 3 of 3 Conrad deFiebre • 651-222-1673 • cdefiebreamstartribune,com 5/14/2007 STATE OF MINNESOTA Office of Governor Tim Pawlenty 130 State Capitol ♦ 75 Rev. Dr. Martin Luther King Jr. Boulevard ♦ Saint Paul, MN 55155 May 15, 2007 The Honorable Margaret Anderson Kelliher Speaker of the House of Representatives 100 Rev. Dr. Martin Luther King Jr. Blvd. 463 State Office Building Saint Paul, Minnesota 55155 Dear Speaker Anderson Kelliher: I have vetoed and am returning House File 2294, Chapter 81, relating to property taxes and individual income tax increases. Although I am supportive of providing property tax relief, it should be funded within the 9.8 percent biennial budget growth and the current surplus of $2.2 billion and not by increasing income taxes by $452 million. The creation of a new 4th tier for individual income taxes at a 9 percent rate would place Minnesota with the third highest tax rate in the nation. This tax would fall most heavily on the job creators and employers in the state as 90 percent of businesses are flow-through entities that pay their taxes through the individual income tax system. A permanent statewide tax increase of this magnitude would place Minnesota at a competitive disadvantage, negatively impacting our economy and the job creators in our state. This bill also makes significant changes to the state equalization aid formula for excess levy referenda. Current law defines a specific process for calculating a school district's state equalization aid. This bill replaces the current fixed standard to a new standard based on a percentage of "the market value equalization factor." The "market value equalization factor" is a new term that is not defined under current law or in this bill. If this provision became the law, the state would not be able to calculate the equalization aid to otherwise qualifying school districts. This would potentially harm qualifying school districts with less Voice: (651) 296-3391 or (800) 657-3717 Fax: (651) 296-2089 TDD: (651) 296-0075 or (800) 657-3598 Web site: http://www.governor.state.n-n.us An Equal Opportunity Employer Printed on recycled paper containing 15% post consumer material Speaker Kelliher Page 2 May 15, 2007 property tax wealth — these tend to be school districts in rural areas or those in outer ring suburbs. I encourage the Legislature to pass targeted homeowner property tax relief that is sustainable and is part of the overall budget target agreement. We look forward to working with you in this final week of session to reach a compromise that is acceptable to all on the remaining omnibus tax and funding bills. Sincerely, Tim Pawlenty Governor cc: Senator James Metzen, President of the Senate Senator Lawrence J. Pogemiller, Majority Leader Senator David Senjem, Minority Leader Senator Thomas Bakk Representative Marty Seifert, Minority Leader Representative David Dill Representative Ann Lenczewski Mr. Patrick E. Flahaven, Secretary of the Senate Mr. Al Mathiowetz, Chief Clerk of the House of Representatives Mr. Mark Ritchie, Secretary of State -U�.O- STATE OF MINNESOTA Office of Governor Tim Pawlenty 130 State Capitol ♦ 75 Rev. Dr. Martin Luther King Jr. Boulevard Saint Paul, MN 55155 May 15, 2007 The Honorable Margaret Anderson Kelliher Speaker of the House of Representatives 100 Rev. Dr. Martin Luther King Jr. Blvd. 463 State Office Building Saint Paul, Minnesota 55155 Dear Speaker Anderson Kelliher: I have vetoed and am returning House File 946, Chapter 84, the Omnibus Transportation Finance Bill. With more than $5 billion in tax and fee increases, this bill would impose an unnecessary and onerous financial burden on Minnesota citizens and would weaken our state's economy. The entire array of tax increases in this bill would cost an average family in Minnesota up to $500 per year. As I clearly stated to the legislative conference committee that crafted this legislation, I remain opposed to increasing the tax burden on Minnesota families. With gasoline prices rising to historic highs, a gas tax increase of up to 7.5 cents per gallon is untimely and misguided. While the media have focused on the gas tax increase, other provisions in this bill need to be highlighted, including: • A 0.5% sales tax increase in the seven metro counties and any adjacent county that chooses to join in without a voter referendum. This will result in Minneapolis and Hennepin Counties having one of the higher sales tax rates in the nation. A 0.5% sales tax increase in Greater Minnesota counties, subject to voter referendum. A new $20 excise tax on motor vehicle purchases. Removal of the requirement that metropolitan counties that impose a wheelage tax ($10) offset that amount on their property tax levy, effectively increasing property taxes. Voice: (651) 296-3391 or (800) 657-3717 Fax: (651) 296-2089 TDD: (651) 296-0075 or (800) 657-3598 Web site: http://www.govemor.state.mn.us An Equal Opportunity Employer Printed on recycled paper containing 15% post consumer material 3� Speaker Kelliher Page 2 May 15, 2007 Removal of caps on "license tabs" which limit the tax to $189 in the second year after a car is purchased and $99 in the third year, instituted at the recommendation of Governor Ventura during the 2000 legislative session, subjecting car owners to significant increases. I am disappointed that the conference committee did not adopt my transportation proposal and once again overreached. This type of overreaching has resulted in a transportation funding stalemate at the Capitol for too many years. Steady progress that is achievable is preferable to no progress at all. Along with the numerous tax increases, the following provisions in the bill are also objectionable: • I remain opposed to the provision creating a new joint powers entity in the metropolitan area with powers to distribute transportation funds to counties, cities, and the state. The proposed governing board would create a duplicative and unnecessarily complicated structure and add unnecessary process at the local, state and federal levels. Separating transportation spending decisions from the regional transportation planning function - as HF 946 would do - would be a step backward (recall the Regional Transit Board). This provision is bad public policy and would likely feature parochial decision making over an objective, regional perspective for transportation and transit planning, capital investments, and operations. I also remain opposed to the provision that severely restricts the extent to which a county regional rail authority may participate in financing the construction and operation of a transit project. This provision will have a negative impact on Minnesota's ability to compete for federal capital transit funding for future "new starts" projects, and it could also have an immediate negative - or even fatal - impact on the Northstar commuter rail project. This provision would necessitate a restructuring of the Northstar capital financing plan that has been submitted to the Federal Transit Administration. The restructuring effort could delay the project, putting in question the project's ability to remain eligible for federal funding. 3 7 Speaker Kelliher Page 3 May 15, 2007 The bill includes many items on which we share some agreement, such as a significant level of trunk highway bonding to accelerate long-delayed priority highway projects, the distribution of constitutionally dedicated motor vehicle sales taxes (MVST) with a ratio of 60 percent for roads and highways and 40 percent for transit, and the dedication of sales tax revenues on leased vehicles to highways and transit. However, I strongly urge the Legislature to adhere to my earlier proposal to include leased vehicle sales tax revenue in the base of the constitutionally dedicated MVST fund, and distribute the overall transit portion 38 percent for Metro area transit and 2 percent for Greater Minnesota transit. This formula will ensure that transit systems across the state will have additional funds to meet their future operating obligations. I am issuing my veto promptly because I believe there is still time this session for the Legislature to pass a significant transportation financing bill - without tax increases - that I can sign into law. Investing in transportation is important to the citizens of Minnesota and a top priority of my administration. I urge the Legislature to approve my administration's transportation financing proposal and help us move forward in addressing Minnesota's transportation needs. Sinc 7 Tim Pawlenty Governor cc: Senator James Metzen, President of the Senate Senator Lawrence J. Pogemiller, Majority Leader Senator David Senjem, Minority Leader Senator Steve Murphy Representative Marty Seifert, Minority Leader Representative Bernard Lieder Mr. Patrick E. Flahaven, Secretary of the Senate Mr. Al Mathiowetz, Chief Clerk of the House of Representatives Mr. Mark Ritchie, Secretary of State Shin Mir reek Watershed Management Commission 3235 Fernbrook Lane N • Plymouth, MN 55447 Phone (763) 553-1144 • Fax (763) 553-9326 www.shinglecreek.org DATE: May 15, 2007 TO: Mayors, Member Cities Shingle Creek Watershed Management Commission FROM: Judie A. Anderson, Administrator RE: Shingle Creek Watershed Management Commission 2008 Operating Budget At its May 10, 2007 meeting, the Shingle Creek Watershed Management Commission ("Commission") adopted its general fund budget for calendar year 2008. A copy of the budget and the proposed assessment against each member city are attached. Article VIII, Subdivision 4 of the Joint Powers Agreement that established the Commission provides that a member city may object to the budget by giving written notice to the Commission before August 1, 2007. If any objection is received, the Commission will hear the objections and may modify the budget. An amendment to the Joint Powers Agreement also sets an "assessment cap" on the Commission's administrative budget. The budget cap can only be exceeded if the city councils of a majority of the Commission members adopt resolutions approving the higher assessment prior to September 1, 2007. The amount of the cap for 2007 will be $292,760. The proposed 2008 budget adopted by the Commission DOES NOT exceed the budget cap. The line items included in the 2008 budget are discussed below: Budget INCOME Line Explanation 1 The Commission increased its application fee structure for 2006 in order to recover a greater share of the cost of project reviews. While the revised structure does not fully fund that activity, it does appear to be recovering a greater share. In 2006, fees were $21,350 and project review expenditures were $36,359, or about 59%. In 2005 application fees recovered about 47% of project review costs. While it is difficult to predict the number of project reviews that will be completed in a particular year, the Commission increased the expected income budget for application fees from $12,000 to $15,000. 3 The budget was increased for expected revenues from interest. The Commission has recovered from its cash flow issues from a few years ago and now maintains a healthy fund balance in its 4M fund. In 2006 interest earnings were over $9,000. 7 The MPCA grant for the dissolved oxygen/biotic integrity TMDL and a corresponding expense are shown in the 2007 budget and not the 2008 budget, even though that work will take place in both years. These reimbursable projects proceed on their own schedule and according to the state's fiscal year, not the Commission's fiscal year. 8 The bulk of the chloride prewetting grant is shown as revenue and corresponding expenditures in 2007, although some of the cities/county will not purchase their equipment and request reimbursement until 2008. A portion of the grant - $4,800 in 2007 and $4,800 in 2008, is to the Commission to conduct the evaluation part of the grant activity. 9 Brooklyn Center • Brooklyn Park • Crystal • Maple Grove • Minneapolis • New Hope • Osseo • Plymouth • Robbinsdale May 15, 2007 2008 Operating Budget 9 The proposed assessment of $292,760 is a 2.4 percent increase over 2007. 10 The proposed Commission share for those capital projects listed in the CIP for construction 2007/pay 2008. 12 These projects must be considered through the public hearing process prior to being ordered. The Commission must take additional affirmative action to order these projects and expend these funds. Budget EXPENDITURES Line Explanation 12 The general administrative services line item exceeded the budget in 2006 as the TAC began meeting more regularly. This separate line item is to provide administrative support (scheduling, minutes, etc) for regular TAC meetings and any special TAC, TMDL or other meetings that require administrative support. 28 The chloride TMDL annual report was funded from an above -the -cap assessment in 2007. This item is proposed to be funded in 2008 and beyond through reallocation and the assessment inflation increase. 29 The Commission will conduct an evaluation of the prewetting equipment's effectiveness at reducing chloride loading as part of the prewetting grant activities. 31 No adjustments to the volunteer stream monitoring budget are recommended for 2008. This may change based on discussions with Hennepin County as they consider changes to the RiverWatch program. 32 The number of wetland sites monitored was increased to three. This activity was funded from an above - the -cap assessment in 2007, but is proposed to be funded in 2008 and beyond through reallocation of existing funds and the assessment inflation increase. 33 This activity was funded in 2007 from an above -the -cap assessment. It will not be continued in 2008 as the Commission continues to discuss options for lake aquatic plant monitoring. 37 The Commission doubled the size of the education grant program in 2007 through an above -the -cap assessment increase. The EPOC is in the process of retooling this program into a more focused program and does not recommend that the additional funding be continued in 2008 until the revisions are completed. 38 The chloride TMDL annual workshop was funded from an above -the -cap assessment in 2007. This item is proposed to be funded in 2008 and beyond through reallocation and the assessment inflation increase. 46 The Commission budgets funds annually to prepare management plans, such as the Shingle Creek Corridor Study, Phase II Stream Assessment, Chloride TMDL Implementation Plan, and the upcoming Lake Management Plans. This funding will be continued at the same level for 2008, but the planning activity will be refocused see below). 50-51 These line items are the proposed Commission share for those capital projects that are listed in the CIP for construction 2007/pay 2008. These projects must be considered through the public hearing process prior to being ordered. The Commission must take additional affirmative action to order these projects and expend these funds. This action includes: receiving a request from the affected member city(ies) to consider theproject; providing public notice and holding a hearing; and ordering the project. Management Plans/Monitoring As the Commission and cities transition from management planning to implementation and adaptive management, additional monitoring will be required to adequately evaluate progress in improving lakes and streams. There are gaps in existing data, principally for the lakes, that will need to be filled to provide an adequate baseline and to take the TMDL findings and convert them into detailed lake management plans. These gaps include aquatic vegetation surveys, lake profile information, and sediment data used to estimate internal nutrient loading. Funds annually budgeted strictly for management plans ($15,000) will be refocused to provide both management planning and monitoring to fill data gaps. It was originally estimated that completing lake management plans from the TMDLs-would be a two-year effort. However, in completing the TMDLs, the importance of filling the data gaps has become very clear. By !6 Brooklyn Center • Brooklyn Park • Crystal • Maple Grove • Minneapolis • New Hope • Osseo • Plymouth • Robbinsdale Shin �'�..reek May 15, 2007 2008 Operating Budget staying within the $15,000 annual budget, it will take longer to complete the lake management plans, but they will be better plans, especially for the shallow lakes. Following completion of the management plans, additional monitoring will be necessary on an ongoing basis to detect change and improvement as BMPs are implemented in the watershed and in -lake. The TMDLs are set up to evaluate progress based on "Adaptive Management;" that is, implement improvements, monitor and measure change, and adjust improvement strategies. Adaptive management and activities such as the ongoing additional monitoring programs will be a central discussion of the upcoming Third Generation Plan that will begin development in 2010-2011. The Shingle Creek Watershed Management Commission requests approval of its 2008 Operating Budget. Your cooperation in continuing the important work of the Commission is greatly appreciated. Questions may be directed to this office or to your representative. JAA:tim Enclosures: 2008 Operating Budget Member Assessments Cc via email: City Managers City Administrators Commissioners JAShingle Creek\Financials\Financials08\letter to citiesSC.doc ui Brooklyn Center • Brooklyn Park • Crystal • Maple Grove • Minneapolis • New Hope • Osseo • Plymouth • Robbinsdale Shingle Creek Watershed Management Commission 2008 Budget mar Approved 2005: Approved': 2006 Unaudited Actual ' 2006. Approved 2007: Approved Additional Items 3007 Approved 2008 INCOME 1 Application fees $12,000 $12,000 $21,350 $12,000 515,000 2 Wetland reviews 0 0 0 0 3 Interest income 1,000 500 9,623 1,000 5,000 4 Chloride TMDL grant 5,000 0 0 0 5 Lake TMDL grant 65,000 63,200 0 0 6 Corridor study grant 0 7 DO/Biotic integrity 200,000 0 8 Chloride TMDL Prewetting Grant 233,200 4,800 9 Assessment 268,190 1 276,500 276,500 285,900 13,100 292,760 10 Ad valorem 75,000 76,100 322,500 TOTAL INCOME $286,190 $429,000 $446,773 $732,100 $13,100 $640,060 EXPENSES OPERATIONS Administration: 11 Administrative Services $45,900 $54,500 $56,336 $56,900 57,160 12 TAC/Engineering Support 7,140 0 14,321 0 5,000 Engineering: 13 Administration 45,900 47,000 42,473 39,900 41,000 14 Management Plan 5,100 5,100 2,174 5,000 3,000 15 Grant Writing 7,650 7,700 10,152 6,000 6,000 16 TMDL/CIP Engineering 0 0 0 8,000 8,000 17 Field Inspection 0 0 0 0 0 Legal: 18 Legal Services 12,750 13,000 8,923 13,000 12,000 Project Reviews: 19 Engineering 28,560 29,000 31,582 32,000 32,000 20 Administration 4,080 4,200 5,216 4,300 4,300 Miscellaneous: 21 Bookkeeping 2,860 2,900 6,810 3,000 4,000 22 Audit 1,500 5,000 4,500 5,000 5,000 23 Contingency 5,000 5,000 0 5,000 5,000 24 Insurance & Bonding 2,500 2,500 2,657 2,800 3,000 25 1 Meeting Expense 2,750 2,800 2,398 2,800 2,800 SUBTOTAL OPERATIONS $171,690 $178,700 $187,542 $183,700 $0 1 $188,260 mar Approved "2005 Approved 2006 Unaudited Actual' 2006 Approved 2007 Approved .'Additional' Items 2007 Approved 2008:- MONITORING AND INFO GATHERING 26 Commission stream monitoring $35,000 $35,000 33,377 $38,800 38,800 27 USGS site monitoring 2,800 0 3,200 3,500 28 Chloride TMDL annual report 0 $5,000 5,000 29 Chloride TMDL Prewetting Evaluation 0 4,800 4,800 30 Volunteer lake monitoring 6,500 6,500 5,249 6,500 6,500 31 Volunteer stream monitoring 3,000 3,000 1,400 3,000 3,000 32 Volunteer wetland monitoring 0 2,000 3,000 33 Volunteer aquatic plant monitoring 0 2,100 0 SUBTOTAL MONITORING $44,500 $47,300 $40,026 $56,300 $9,100 $64,600 EDUCATION AND PUBLIC OUTREACH 34 Education Program 17,000 25,000 20,085 25,700 25,700 35 Web site 3,000 0 0 0 0 36 NPDES 2,500 0 0 0 0 37 Education and Impl Grants 2,500 3,000 684 3,000 3,000 3,000 38 Chloride TMDL annual workshop 1,000 1,000 SUBTOTAL EDUCATION $25,000 $28,000 $20,769 $28,700 $4,000 $29,700 MANAGEMENT PLANS TMDLs: Shin le Cr Chloride 5,000 0 39 Lakes Phase I 0 40 Lakes Phase II 65,000 27,580 0 41 Shingle Cr DO/Biotic Integrity 5,657 200,000 0 Management plans: 42 Shingle Creek corridor study 0 43 Chloride/lake ph I TMDL impl plan 20,000 0 44 Stream assessment phase II 15,000 15,365 0- 45 Lake phase II TMDL imp] plan 2,987 15,000 46 Management Plans/Monitoring 15,000 SUBTOTAL MGMTPLANS $25,000 $80,000 $51,589 $215,000 $0 $15,000 47 Contribution to constr/ rant match 20,000 20,000 20,000 20,000 20,000 48 Chloride TMDL Prewetting Sub ants 228,400 TOTAL OPERATING EXPENSE 1 $286,190 $354,000 $319,926 $732,100 $13,100 $317,560 CAPITAL IMPROVEMENT PROJECTS 49 Brooklyn Park Stream Restoration 75,000 73,543 50 New Hope Wincrest Pond 72,500 51 Maple Grove Pond P51 250,000 SUBTOTAL CIP $0 $75,000 73,543 $0 $0 $322,500 11 TOTAL OPERATING+ CAPITAL EXPENSE $286,190 $429,000 1 $393,469 1 $732,100 $13,100 1 $640,060 Shingle Creek Watershed Management Commission Member Assessments 2008 Budqet A B C D E F G H 1 71 72 2007 Administrative Budget 73 74 Community 75 Acreage 2006 Tax Capacity Cost Allocation ° Based on Area /°a e Dollars Cost Based on Tax Capacity ° /°a a Dollars Total Cost ° a a Dollars /° 76 77 Brooklyn Center 3,720 16,184,222 13.07% 18,684.96 11.85% 16,942.93 12.46% 35,628 78 Brooklyn Park 7,080 33,467,807 24.88% 35,561.70 24.51% 35,036.77 24.69% 70,598 79 Crystal 2,480 12,536,941 8.71% 12,456.641 9.18% 13,124.67 8.95% 25,581 80 Maple Grove 5,020 24,145,535 17.64% 25,214.65 17.68% 25,277.47 17.66% 50,492 81 IMinneapolis 1,950 10,091,366 6.85% 9,794.54 7.39% 10,564.45 7.12% 20,359 82 New Hope 2,070 91479,187 7.27% 10,397.28 6.94% 9,923.57 7.11% 20,321 83 Osseo 300 2,208,888 1.05% 1,506.85 1.62% 2,312.44 1.34% 3,819 84 Plymouth 4,380 20,313,844 15.39%1 22,000.04 14.88% 21,266.15 15.13% 43,266 85 Robbinsdale 1,460 8,120,841 5.13% 7,333.35 5.95% 8,501.54 5.54% 15,835 86 871 Totals 28,460 136,548,631 100.00% 142,950.00 100.00% 142,950.00 100.00% 285,900 88 89 90 2007 Additional Items 91 92 Community 93 Acreage 2006 Tax Capacity Cost Allocation ° Based on Area /°a a Dollars Cost Based ° on Tax Capacity /°a a Dollars Total Cost ° /°a a Dollars 94 95 Brooklyn Center 3,720 16,184,222 13.07% 856.15 11.85% 776.33 12.46% 1,632 96 Brooklyn Park 7,080 33,467,807 24.88% 1,629.44 24.51% 1,605.39 24.69% 3,235 97 Crystal 2,480 12,536,941 8.71% 570.77 9.18% 601.38 8.95% 1,172 98 Maple Grove 5,020 24,145,535 17.64%1 1,155.34 17.68% 1,158.22 17.66% 2,314 99 Minneapolis 1,950 10,091,366 6.85% 448.79 7.39% 484.07 7.12% 933 100 New Hope 2,070 9,479,187 7.27% 476.41 6.94% 454.70 7.11% 931 101 Osseo 300 2,208,888 1.05% 69.04 1.62% 105.96 1.34% 175 102 Plymouth 4,380 20,313,844 15.39% 1,008.05 14.88% 974.42 15.13% 1,982 103 Robbinsdale 1,460 8,120,841 5.13% 336.02 5.95% 389.54 5.54% 726 104 105 Totals 28,460 136,548,631 100.00%1 6,550.00 100.00% 6,550.00 100.00% 13,100 106 107 2008 108 109 Community 110 Acreage 2007 Tax Capacity Cost Allocation Based on Area %a a Dollars Cost Based on Tax Capacity %a a Dollars Total Cost %a a Dollars 111 1121 Brooklyn Center 3,720 17,569,581 13.07% 19,133 11.43% 16,734 12.25% 35,868 113 Brooklyn Park 7,080 37,011,490 24.88% 36,415 24.08% 35,252 24.48% 71,667 114 Crystal 2,480 13,116,631 8.71% 12,756 8.53% 12,493 8.62% 25,249 115 Maple Grove 5,020 28,250,962 17.64%1 25,820 18.38% 26,908 18.01% 52,728 116 Minneapolis 1,950 10,960,570 6.85%1 10,030 7.13% 10,440 6.99% 20,469 117 New Hope 2,070 13,452,016 7.27%1 10,647 8.75% 12,813 8.01% 23,459 118 Osseo 300 2,251,723 1.05% 1,543 1.47% 2,145 1.260/. 3,688 119 Plymouth 4,380 22,030,296 15.39% 22,528 14.33% 20,983 14.86% 43,511 120 Robbinsdale 1,460 9,042,398 5.13% 7,509 5.88% 8,613 5.51% 16,122 121 122 Totals 28,460 153,685,667 100.00% 146,380 100.00% 146,380 100.00% 292,760 123 124 125 C:\Documents and Settings\sengdahl\Local Settings\Temporary Internet Files\OLKCF\SC 2008 Member Assessments.xls rage 1 of Maria Rosenbaum From: Laurie Ahrens Sent: Tuesday, May 15, 2007 10:49 AM To: Maria Rosenbaum Subject: For CIM May 15, 2007 City of Minnetonka, Clear Channel reach tentative agreement on electronic billboards At its Monday, May 14, study session, the Minnetonka City Council heard details of a negotiated agreement with Clear Channel Outdoor that will allow limited use of dynamic (electronic) billboards in exchange for the permanent removal and restriction of other off-site signs. "Minnetonka prohibits any expansion of billboards, but federal and state laws make it nearly impossible for cities to compel the removal of existing billboards," said Minnetonka Mayor Jan Callison. "Clear Channel has agreed to permanently remove one-half of their existing 30 billboard faces in Minnetonka, in exchange for being allowed to convert eight of its remaining billboard faces to dynamic signs." City Manager John Gunyou confirmed that nearly all existing billboards along Highway 7, County Road 101 and Minnetonka Boulevard will be removed in the settlement of an outstanding lawsuit. "Substantial public benefits result from this tradeoff, since the billboards being removed are largely in residential, wetland and forested areas." "We were pleased to be able to negotiate this win-win agreement with the city of Minnetonka," said Tom McCarver, Clear Channel Vice President of Real Estate and Public Affairs. Further details of the negotiated agreement between Clear Channel Outdoor and the city of Minnetonka include the following: . One-half of the 30 existing billboard faces in Minnetonka will be permanently removed, along with their supporting structures, and an additional one-quarter will remain as traditional signs, in exchange for converting the remaining eight faces to dynamic signs. . Two-faced dynamic billboards can be located at the current sign locations at SH 7 and CR 101, and on 1- 494 north of SH 62. Along 1-394, one sign face may face east and west, on both sides of Plymouth Road. This means that no more than eight dynamic billboard faces will be located at four to six locations. • Free public service announcements will be provided for Amber Alerts and other community events. The Clear Channel agreement was negotiated as the city of Minnetonka is considering changes to its dynamic sign ordinance provisions. "The simplest regulatory approach is to either prohibit dynamic signs altogether, or to allow them without restriction," Gunyou said. "Instead, Minnetonka plans a balanced approach that protects the community interest, while recognizing the need to reasonably accommodate evolving sign technologies." The city council is considering standards for brightness, size and operating modes: 5/15/2007 rage /_ul/_ • Brightness. Dynamic signs will be required to have the same appearance as regular signs, both during the day and at night. Bright white lights will be prohibited. Because illumination standards are difficult to enforce, disputes will be resolved by an independent arbitration panel. Operating mode. To minimize distractions, only static displays will be permitted — no animation, motion or video. Changes will be limited to the instant replacement of unrelated images, with no distracting dissolves, fades or sequential messages. Messages cannot be changed more frequently than every 20 minutes. • Size. No more than 35 percent of a sign's allowable message area can be dynamic. Reserving two- thirds of the sign face helps the public find their way, while discouraging the proliferation of multiple changing signs. Dynamic messages will be limited to freestanding signs only, and will not be permitted on building signs. As part of the negotiated agreement, the eight Clear Channel billboards will be full-faced signs changing no more than every eight seconds, an evolving industry standard. The dramatic reduction in billboards more than offsets this exception to the expected ordinance standards. All other brightness and operating mode restrictions will apply, and Clear Channel will comply with any future federal and state restrictions. An ordinance detailing specific staff recommendations will be introduced at the June 4, 2007, Minnetonka City Council meeting, and a public hearing will be held at the June 14, 2007, meeting of the Minnetonka Planning Commission. The Minnetonka City Council will consider adoption of the new ordinance and approval of the tentative agreement at its June 25, 2007, meeting. 5/15/2007 Ej rtoj& Plymouth Adding Quality to Life May 16, 2007 SUBJECT: VARIANCE FOR CORY AND ELLEN TELL (2007024) — **REVISED MEETING DAY** Dear Property Owner: This letter is to inform you that on May 22, 2007 the City Council will consider the 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. The Council tabled this item at their May 8 meeting and continued it to their May 22 meeting to allow the applicant an opportunity to speak on the request. Hennepin County records indicate your property is within 200 feet of the site of this proposal. You are hereby cordially invited to attend City Council meeting to be held at 7:00 p.m., Tuesday, May 22, 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, If3api �m �111H � Barbara G. Senness, AICP Planning Manager 2007024propnotice 3400 Plymouth Blvd • Plymouth, Minnesota 55447-1482 • Tel: 763-509-5000 • www.ci.plymouth.mn.us ............. . Ll --y