The URL can be used to link to this page

Home My WebLink About05/02/2011 Council PacketWORK SESSION AGENDA CITY OF LINO LAKES Monday, May 2, 2011 CITY COUNCIL WORK SESSION Community Room (not televised) 5:30 P.M. 1. Stormwater Management Overview • Special Area Management Plan (SAMP) EOR, Inc. 2. Nadeau Farm Development — Marcel Eibensteiner 3. Emerald Ash Borer Update 4. American Legion Parking to follow on Friday 5. Update on 49/J Development Proposal 6. Redevelopment Task Force 7. On- Street Parking Regulations to follow on Friday 8. Anoka County Fiber Project 9. Candidate Website Links 10. Charter Amendments relating to Elections 11. Weekly Progress Report Regular Council Agenda Adjourn WS — Item 1 WORK SESSION STAFF REPORT Work Session Item 1 Date: Council Work Session, May 2, 2011 To: City Council From: Michael Grochala Re: Storm Water Management Overview Background The Rice Creek Watershed District adopted its 2010 Watershed Management Plan (WMP) on June 9, 2010. In accordance with state law, the city must adopt a Local Surface Water Management Plan within two years of the board's approval. Accordingly the city's plan is required to be completed by June 9, 2012. In January of 2011 staff brought forward a consultant proposal to prepare the plan. Due to the proposed cost of the plan update the council took no action on the proposal. The council directed staff to prepare an overview of the surface water management requirements and programs that currently effect the city. The following overview provides a summary of major programs which effect the city and was excerpted from the Rice Creek Watershed District Watershed Management Plan: Impaired Waters Program. Section 303(d) of the Clean Water Act requires states to identify waters that do not meet applicable water quality standards based on their designated use. Waters that do not meet these requirements are designated as "Impaired ". Impaired waters are subject to the completion of a Total Maximum Daily Load (TMDL) analysis. In general, this analysis identifies the pollutant load reduction that is necessary to restore impaired water bodies to their full beneficial uses. There are several streams and lakes within Lino Lakes that have been designated as impaired. The watershed district and the Minnesota Pollution Control Agency (MPCA) have taken the lead on the TMDL analysis. Once a TMDL plan is approved, the city will be required to comply with load reductions. This will be accomplished through compliance with the city's Storm Water Management Ordinance (recently adopted), illicit discharge requirements, and other permit requirements. The following is a list of "Impaired" waters within the city: 1 Impaired Water Year Listed Affected use Pollutant or stressor TMDL Target Start End Hardwood Creek 2002 Aquatic life/ Consumption Dissolved oxygen fish bioassessments 2003 2009 Centerville Lake 2002 Aquatic recreation Excess Nutrients 2005 2010 Marshan Lake 2002 Aquatic recreation Excess Nutrients 2005 2010 Peltier Lake 2002 Aquatic recreation Consumption Excess Nutrients Hg in fish 2005 2010 George Watch Lake 2002 Aquatic recreation Excess Nutrients 2008 2010 Reshanau Lake 2002 Aquatic recreation Excess Nutrients 2008 2010 Bald Eagle Lake 2002 Aquatic recreation Consumption Excess Nutrients Hg in fish 2008 2012 Baldwin Lake 2010 Aquatic recreation Excess Nutrients 2010 2012 Rice Lake 2010 Aquatic recreation Excess Nutrients 2010 2012 Clearwater Creek 2002 Aquatic life Aquatic macroinvertebrate and fish bioassessments 2013 2016 Rice Creek 2004 Aquatic life Aquatic macroinvertebrate and fish bioassessments 2013 2016 Otter Lake 2010 Consumption Hg in Fish - - National Pollutant Discharge Elimination System Program The National Pollution Discharge Elimination System Program (NPDES) is a federal program originating from the Clean Water Act. The program addresses point source discharges including stormwater from various sources. The program is implemented by the MPCA. Phase II of the NPDES program was initiated in 2003. Permittees, including the City, are required to complete a Storm Water Pollution Prevention Program (SWPPP). The SWPPP identifies what Best Management Practices (BMP's) are to be implemented in order to minimize runoff impacts to receiving waters. The SWPPP covers the following Minimum Control Measures: 2 Public Education and Outreach. The control measure includes distributing educational materials and performing outreach to inform citizens about the impacts polluted stormwater runoff discharges can have on water quality. Public Participation/Involvement. Provide opportunities for citizens to participate in program development and implementation, including effectively publicizing public hearings and /or encouraging citizen representatives on stormwater management panel. Illicit Discharge Detection and Elimination. This control measure requires the development, implementation of a plat to detect and eliminate illicit discharges to the storm sewer system. Construction Site Runoff Control. Requires the development, implementation and enforcement of an erosion and sediment control program for construction activities. Post - construction Runoff Control. Develop and implement a program to address discharges of post - construction stormwater runoff from new development and redevelopment areas. Pollution Prevention/Good Housekeeping. Develop and implement a program with the goal of preventing or reducing pollutant runoff from municipal operations. This program includes staff training and implementation of maintenance activities to prevent pollution i.e. street sweeping. The City completes an annual report identifying all activities completed in accordance with the SWPPP. A new plan will be required following the issuance of new permit requirements in 2011. Wetland Conservation Act The State of Minnesota's Wetland Conservation Act (WCA) was enacted in 1991. The overall goal of the WCA is no net loss of wetlands. Activities such as draining, filling or otherwise altering a wetland is regulated by law. The Rice Creek Watershed District (RCWD) and Vadnais Lake Water Management Organization (VLAWMO) are the local governmental units responsible for administering the WCA in Lino Lakes. Additionally, the Army Corps of Engineers also has jurisdiction over regulating impacts to wetlands and navigable waters. The Corps issues federal permits for all proposed wetland disturbances. The City's Special Area Management Plan (SAMP) being prepared by EOR, Inc., in partnership with the Rice Creek Watershed District, is attempting to streamline the regulatory process between the Federal and State requirements. Upon adoption of the City's Comprehensive Plan Update and Corps' approval of the SAMP, the Federal requirements will be covered under a General Permit unique to Lino Lakes. EOR staff will be present at the work session to provide an overview of the SAMP. Groundwater Planning The Environmental Protection Agency (EPA) regulates a number of activities relating to the quality of groundwater and drinking water supplies. Federal laws typically focus on controlling 3 potential sources of groundwater contamination. The actual implementation of these laws is administered by the state and local governments. Several state agencies are involved with regulating water supply wells and monitoring of groundwater resources. Cities that install water supply systems are required to comply with the rules and regulations in accordance with the Safe Drinking Water Act. One of these requirements is the development of a wellhead protection plan. The City's Wellhead Protection Plan identifies the sensitive areas surrounding our well fields, provides for public education, and identifies potential contaminant source management strategies, goals, objectives, and action plans. Shoreland and Flood Plain Management The Minnesota Department of Natural Resources (Mn/DNR) administers state requirements related to Shoreland Protection and the Federal Emergency Management Agency (FEMA) Flood Insurance Program. The city is responsible for implementing these programs locally and has adopted both a Shoreland Management Ordinance and Flood Plain Management Ordinance. The Shoreland requirements regulate development within 1,000 feet of public waters. The Flood Plain Management Ordinance establishes minimum requirements for land use activities within designated flood plain areas. Local Surface Water Management Planning The Metropolitan Surface Water Management Act was enacted in 1982 to require planning for surface water management throughout the seven - county metropolitan area. Minnesota Statues and Minnesota Rules provide the regulatory framework for both watershed management organizations and municipalities. As mentioned previously, cities have two years from the date of the watershed plans adoption to update the local plan. Additionally, the city must satisfy the expanded list of requirements under Minnesota Rule 8410. Generally speaking the Local Surface Water Management Plan (LSWMP) is the policy document that binds all of the water related regulatory requirements mentioned above into a coordinated plan. The LSWMP also provides for the assessment of problems, corrective actions, development of a storm water master drainage plan, financial considerations and implementation priorities related to the protection of surface water resources within the city. Council Direction The City's plan update is required to be completed by June of 2012. Council had previously discussed interest in distributing a Request For Proposals. Staff is recommending continued discussion with FOR regarding the project scope and cost. Staff is requesting council direction regarding preparation of Local Surface Water Management Plan. Attachments 1. RCWD Notice to Prepare Local Water Management Plan 4 RICE CREEK WATERSHED DISTRICT February 23, 2011 4325 Pheasant Ridge Dr. NE #611 • Blaine, MN 55449 -4539 Phone: 763- 398 -3070 • Fax: 763 -398 -3088 www,ricecreek.org To: RCWD member municipalities, including: Arden Hills, Birchwood Village, Blaine, Centerville, Circle Pines, Columbia Heights, Dellwood, Falcon Heights, Forest Lake, Fridley, Grant, Hugo, Lauderdale, Lexington, Lino Lakes, Mahtomedi, May Township, Mounds View, New Brighton, Roseville, Scandia, Shoreview, Spring Lake Park, Saint Anthony, White Bear Lake Re: Municipal Local Surface Water Management Plan Update Required Dear Colleagues, The Rice Creek Watershed District (RCWD) would like to issue a reminder to its member municipalities of an upcoming statutory deadline for updating Local Surface Water Management Plans (LSWMP). The RCWD adopted its 2010 Watershed Management Plan (WMP) on June 9, 2010 and copies of the plan were distributed to our member municipalities on June 14, 2010. • Chapter 8.3.1 of RCWD's WMP states that "the Local Plan must be submitted timely to the RCWD for approval so that the Local Plan can be officially adopted within two years of the adoption of this WMP." • Minnesota Rule 8410.0160 states that "each local plan shall be adopted within two years of the board's approval of the last organization plan that affects local units of government." • Minnesota Statute 103B.235 states that "after the watershed plan is approved and adopted, or amended, pursuant to section 1038.231, the local government units having land use planning and regulatory responsibility for territory within the watershed shall prepare or cause to be prepared a local water management plan, capital improvement program, and official controls as necessary to bring local water management into conformance with the watershed plan within the time period prescribed in the implementation program of the watershed plan and, as necessary, shall prepare or cause to be prepared amendments to the local comprehensive plan." All of this means that your city's LSWMP must be approved by the RCWD Board of Managers no later than June 9, 2012. We will be providing additional reminders as the deadline draws nearer. If you are aware of any circumstances that may render this date unattainable, please contact our office to discuss scheduling. BOARD OF Barbara A. Haake Rick A. Mastell Harley M. Ogata Patricia L. Preiner John J. Waller MANAGERS Ramsey County Anoka County Ramsey County Anoka County Washington County Chapter 8.3.1 of RCWD's WMP, together with MN Rule 8410.0170, outlines the content requirements for municipal LSWMPs. All regulations referenced within this letter are attached for your quick reference. If there are any questions about LSWMP update requirements, feel free to contact our office. Sincerely, ague Kyle Axtell Water Resource Specialist Direct: (763) 398 -3072 Email: kaxtell @ricecreek.org Cc: William G. Moore — Metropolitan Council Terry Johnson — Anoka County Richard Johnson — Hennepin County Julie Kleinschmidt — Ramsey County James Schug — Washington County Enc: RCWD WMP, Chapter 8.3.1 Minnesota Statute 1036.235 Minnesota Rule 8410.0160 Minnesota Rule 8410.0170 Rice Creek Watershed District Watershed Management Plan Chapter 8. Watershed Plan Administration the notice of the public meeting on the District website and mail the notices to each affected city, township and county. 3. If the proposed amendment is a minor amendment to the RCWD capital improvement program and the project proposes county bonding as the funding method, the County must approve the minor amendment (see the individual county bonding procedures). 4. BWSR must either agree that the amendment is minor or fail to act within 45 days of receipt of the amendment. 8.2 Administration of Legal Boundary The current jurisdictional boundary of the RCWD is shown on Figure 1 -1. Procedures for adjusting the legal boundary can be found in MS 103D.251, 103B.215 and 103B.225. A current legal description of District boundary can be found on the RCWD website. In addition, the District uses geospatial data established with Geographic Information System (GIS) to describe the boundary. The GIS boundary is used for informational purposes only, and in the event of a discrepancy, the legal description holds as valid. The RCWD reviews parcel data on a regular basis for the purpose of identifying changes to existing properties along its legal boundary and then works with the adjoining WMO's to initiate needed changes to the legal boundary. At times projects are proposed or issues occur outside of the legal boundary of the RCWD, but are inside of the hydrologic drainage area. These projects are approached on a case by case basis. The District may consider updating the legal boundary to incorporate these areas. 8.3 Local Government Units 8.3.1 Content Requirements for Local Water Management Plans Upon completion and adoption of the WMP, municipalities which have land use planning and regulatory responsibilities must amend an existing Local Water Management Plan (Local Plan) to conform to the requirements of the WMP or prepare a new Local Plan which is in conformance with the WMP. The Local Plan must include all the requirements within this WMP and the legal requirements of Rule 8410 and MS 103B.235. Local plans should address the expanded list of requirements of the "2030 Regional Development Framework" by the Metropolitan Council. The Local Plan must be submitted timely to the RCWD for approval so that the Local Plan can be officially adopted within two years of the adoption of this WMP. Member cities are encouraged to engage in early dialogue and coordination with the RCWD during the development their plan, and to submit a draft Local Plan to the RCWD six months prior to the date formal adoption is required. The RCWD recognizes that MS 103B and MR 8410 were written with the intent that each community would upon completion of the last MS 103B plan affecting them prepare and adopt a Local Plan, which includes the regulatory requirements set out within the WMO1 plans. The Local Plan requirements set forth in MR 8410 provide a level of inventory, assessment, hydrologic and hydraulic modeling, water resource objectives and policies, and adoption of local ordinances /regulatory controls necessary to comply with the goals, objectives, and policies of each WMO. In general this has not been the case and most local governments have not sought the delegation of permitting being exercised by WMO's. Within the RCWD there is only one out of the 27 cities which have assumed, through formal agreement, permitting and enforcement of local official controls for stormwater, floodplains, and wetlands. With this in mind the following RCWD requirements for local plan Includes both Water Management Organizations and Watershed Districts. RCWD Account No. 70-08-4500 HEt Project Na 5555 -035.01 January 4, 2010 8-4 Rice Creek Watershed District Watershed Management Plan Chapter 8. Watershed Plan Administration content are intended to supplement Minnesota laws and rules relative to Local Plan content. The RCWD has set two levels of requirements for the content of Local Plans: • Level 1 — The level of detail is designed for those communities that do not wish to assume permitting authority from the RCWD. • Level 2 — Requires additional information and detail for some of the Local Plan requirements for communities that choose to assume all or some of the permitting authority from the RCWD. The RCWD has considerable technical resources available to address water and resource issues. The RCWD encourages communities to use as many of these resources, including monitoring data, models and modeling results, management studies, GIS information and similar information, to meet these requirements. Although RCWD has completed hydrologic, hydraulic, and water quality modeling throughout the District, communities may need to perform additional modeling in areas where they intend to assume local regulatory authority, to show compliance with the content of the WMP. The general standards for the Local Plan which the requirements of MS 103B.235 Subd. 2 are as follows: 1. Describe the existing and proposed physical environment and land use. At a minimum this must include land use /zoning maps for both present and future conditions, and a land cover /classification map such as the Minnesota Land Cover Classification System (MLCCS). Define drainage areas and the volumes, rates, and paths of stormwater runoff. Municipalities, for both Levels 1 and 2, should also include a map of the stormwater system that shows stormwater ponds, streams, lakes and wetlands; structural pollution control devices (e.g., grit chambers, separators); pipes and pipe sizes, ditches and any other conveyances; and outfalls and all other points of discharge from the system. An inspection and maintenance system schedule should be included. The appropriate portion of the MS4 SWPPP prepared in accordance with Permit No. MNR040000 can be incorporated by reference to satisfy this requirement. (a) Level 1 — the Local Plan does not need to include information relating to stormwater rate and volume. Evidence of a storm water master plan or similar document is sufficient. (b) Level 2 — the Local Plan must include information on existing and proposed stormwater rates and volumes based on full build out taking into account implementation of the local regulatory controls. The information should be related to those volume and rate control locations within the District and include analyses at Regional Assessment Locations. 2. Identify the methods and means to achieve Rule C, Part 5, Water Quality and Volume Control of the RCWD rules. This applies only to Level 2 communities. 3. Identify areas and elevations for stormwater storage adequate to meet Rule C, Part 6, Peak Stormwater Runoff Control of the RCWD rules. This applies only to Level 2 communities. 4. Generally discuss or identify approaches, methods, means, procedures, ordinances or plans being used to achieve compliance with RCWD rules or identify reliance on the RCWD for municipal review and compliance with stormwater management requirements. (a) Level 1 — communities must provide a specific statement that they request RCWD to continue to implement its rules and regulations and issue permits within the City/Town. RCWD Account No. 70-08 -4500 HE! Project No. 5555-035.01 January 4, 2010 8-5 Rice Creek Watershed District Watershed Management Plan Chapter 8. Watershed Plan Administration (b) Level 2 — must include the specific local ordinances and demonstrate that they are in compliance with RCWD rules or include at a minimum that the city adopts RCWD rules and regulation by reference (see Section 8.3.2). 5. Municipalities must also show that the community discharge is equal to or less than the inter - community rates established in the District Wide Modeling. If the rate is not met, then the Local Plan must include measures to reduce the rate. (a) Level 1 — must acknowledge and identify those locations where flows leave the City and are transferred downstream, with some assessment of the estimated rate assuming full build out conditions and describe measures being implemented to reduce flows if necessary. (b) Level 2 — must acknowledge and identify those locations where flows leave the City and are transferred downstream, with an assessment of how the rules applied by the City under current full build out conditions reduce flows if necessary. 6. Describe the methods that will be used to control and manage post- construction stormwater associated with development and redevelopment. The appropriate portion of the MS4 SWPPP prepared in accordance with Permit No. MNR040000 may be incorporated by reference to satisfy this requirement. 7. Identify regulated areas. These include RMP boundaries, Wetland Protection Zones, Ecological Management Corridor, and High Quality Wetlands, areas identified as high quality by the Minnesota County Biological Survey. 8. Set forth an implementation program, including a description of official controls and, as appropriate, a capital improvement program. In addition to the statutory requirements, these items should be addressed and conform to the requirements established in this Plan: 1. Identify land- locked sub - watershed units and basins and strategies to manage water volumes in those land- locked areas to minimize flooding. 2. Indentify impaired waters, and establish policies and actions to address TMDL goals. 3. Identify Key Conservation Areas in this Plan in their community, and assess the adequacy of local policies and regulatory controls in place to conserve hydrologic and ecologic values of the resources within those Areas. The plan must set forth a plan and schedule for the amendment of those policies and controls as necessary to meet performance standards established in Plans. 4. A discussion of the geologic features, groundwater sensitivity, groundwater dependent natural resource and groundwater discharge and recharge areas including the identification of potential land uses affecting groundwater. 5. Generally identify ideas / opportunities for projects and programs intended to improve resource management, which may be jointly implemented with the RCWD. 6. Describe the conformance of the municipality with NPDES requirements for MS4 permits, including TMDL and Non - degradation (if applicable) requirements. The local plan must include the Stormwater Pollution Prevent Plan (SWPPP) or a summary of its contents and incorporate the plan by reference. 7. Identify erosion and sediment control ordinances for sites less than 1 acre in size. RCWD Account No. 70-08 -4500 HEI Project No. 5555-035.01 January 4, 2010 8-6 Rice Creek Watershed District Watershed Management Plan Chapter 8. Watershed Plan Administration 8. Describe housekeeping practices and requirements such as street sweeping, snow plowing, salt and snow storage, and public land maintenance. The appropriate portion of the MS4 SWPPP prepared in accordance with Permit No. MNR040000 can be incorporated by reference to satisfy this requirement 9. A description of the Best Management Practices employed by the City that control or reduce pollutants. The appropriate portion of the MS4 SWPPP prepared in accordance with Permit No. MNR040000 can be incorporated by reference to satisfy this requirement. 10. Demonstration of a public information and education plan consistent related to managing sediment and erosion control, runoff and water quality. The appropriate portion of the MS4 SWPPP prepared in accordance with Permit No. MNR040000 can be incorporated by reference to satisfy this requirement 11. Cities within Washington and Ramsey Counties should include a groundwater protection component consistent with the county Groundwater Management Plan or method to adopt measures. 12. Discuss conflicts between infiltration requirements and well head protection. 13. Adopt and include copies of MnDNR approved Floodplain and Shoreland ordinances where mandated by state law. 8.3.2 Regulatory Controls and Enforcement The current RCWD Rules and Permitting Program can be found on the District web site. The RCWD Board prefers to retain permitting function as it is felt that the District has the technical capability to assess wide ranging and intercommunity water management issues. If communities wish to incur the additional costs of local regulatory control, the District will relinquish permit authority only following completion of an approved Local Plan, adoption of the ordinances, and implementation of inspection and administrative procedures necessary to insure that the full regulatory standards of the District are met At a minimum, the District will retain regulatory control for projects adjacent to and associated with the public drainage systems including the trunk systems. The District will also require that projects associated with the trunk drainage system, lake outlets, or other features which have the ability to substantially alter flow patterns within the District be submitted for review and comment. Written confirmation of the respective regulatory roles of the District and the local government unit will be sent to each municipality at the time of final plan and /or ordinance approval by the District Execution of a Joint Powers Agreement with the RCWD is the final step in the process is for a community that wishes to assume permitting authority. The Joint Powers Agreement will define regulatory responsibilities, and will stipulate that the city issue and enforce permits consistent with their approved Local Plan. Under the Joint Powers Agreement, the RCWD and the City will adjust their permitting responsibilities to best suit the needs and abilities of each party. The RCWD will not issue permits within a local unit of government after execution of a joint powers agreement. The RCWD will retain the right to monitor the local unit of govemment's permitting activity including the use of a formal audit of the permitting program with regard to enforcement and consistency with approved Local Plans. Local govemment units assuming regulatory controls will be required to submit all projects which require a variance from RCWD standards to the District for approval. Additionally, the District will periodically field inspect development projects and conduct operational audits of the local govemment units procedures and controls to insure implementation in accordance with the plan. The District will exercise its right under MS 103B to resume regulatory authority and administration of programs if non - compliance with the approved local water management plan is demonstrated. RCWD Account No. 70-08 -4500 HEI Project No. 5555-035.01 January 4, 2010 8-7 1 MINNESOTA STATUTES 2010 103B_235 103B.235 LOCAL WATER MANAGEMENT PLANS. Subdivision L Requirement. (a) After the watershed plan is approved and adopted, or amended, pursuant to section 103B.231, the local government units having land use planning and regulatory responsibility for territory within the watershed shall prepare or cause to be prepared a local water management plan, capital improvement program, and official controls as necessary to bring local water management into conformance with the watershed plan within the time period prescribed in the implementation program of the watershed plan and, as necessary, shall prepare or cause to be prepared amendments to the local comprehensive plan. (b) Each town within the counties of Anoka, Carver, Dakota, Scott, and Washington authorized by general or special law to plan and regulate the use of land under sections 462.351 to 462.364 shall by resolution determine whether to prepare the local water management plan itself or to delegate all or part of the preparation of the plan to the county. (c) Towns within counties that have adopted comprehensive plans applicable to the town must use county preparation of their plan to the maximum extent possible. Subd. 2. Contents. (a) Each Local plan, in the degree of detail required in the watershed plan, shall: (1) describe existing and proposed physical environment and land use; (2) define drainage areas and the volumes, rates, and paths of storm water runoff; (3) identify areas and elevations for storm water storage adequate to meet performance standards established in the watershed plan; (4) define water quality and water quality protection methods adequate to meet performance standards established in the watershed plan; (5) identify regulated areas; and (6) set forth an implementation program, including a description of official controls and, as appropriate, a capital improvement program. (b) The Board of Water and Soil Resources shall adopt rules establishing minimum local plan standards and a model environmental management ordinance for use by local government units in implementing local water plans. The standards apply to plan amendments made to conform to changes in the watershed plans that are adopted under the board rules required by section 103B.231, subdivision 6. Subd. 3. Review. After consideration but before adoption by the governing body, each local unit shall submit its water management plan to the watershed management organization for review for consistency with the watershed plan adopted pursuant to section 103B.231. If the county or counties having territory within the local unit have a state - approved and locally adopted groundwater plan, the local unit shall submit its plan to the county or counties for review. The county or counties have 45 days to review and comment on the plan. The organization shall approve or disapprove the local plan or parts of the plan. The organization shall have 60 days to complete its review; provided, however, that the watershed management organization shall, as part of its review, take into account the comments submitted to it by the Metropolitan Council pursuant to subdivision 3a. If the organization fails to complete its review within the prescribed period, the local plan shall be deemed approved unless an extension is agreed to by the local unit. Copyright © 2010 by the Office of the Revisor of Statutes, State of Minnesota. A11 Rights Reserved. 2 MINNESOTA STATUTES 2010 103B.235 Subd. 3a. Review by Metropolitan Council. Concurrently with its submission of its local water management plan to the watershed management organization as provided in subdivision 3, each local unit of government shall submit its water management plan to the Metropolitan Council for review and comment by the council. The council shall have 45 days to review and comment upon the local plan or parts of the plan with respect to consistency with the council's comprehensive development guide for the metropolitan area. The council's 45 -day review period shall run concurrently with the 60 -day review period by the watershed management organization provided in subdivision 3. The Metropolitan Council shall submit its comments to the watershed management organization and shall send a copy of its comments to the Local government unit. If the Metropolitan Council fails to complete its review and make comments to the watershed management organization within the 45 -day period, the watershed management organization shall complete its review as provided in subdivision 3. Subd. 4. Adoption and implementation. After approval of the Local plan by the organization, the local government unit shall adopt and implement its plan within 120 days and shall amend its official controls accordingly within 180 days. Subd. 5. Amendments. To the extent and in the manner required by the organization, all amendments to local water management plans shall be submitted to the organization for review and approval in accordance with the provisions of subdivisions 3 and 3a for the review of plans. History: 1990 c 391 art 2 s 12; 1990 c 601 s 21; 1995 c 176 s 1 -3; 1995 c 184 s 11 Copyright ® 2010 by the Office of the Revisor of Statutes, State of Minnesota. All Rights Reserved. 1 REVISOR 8410.0170 8410.0170 STRUCTURE. Subpart 1. Purpose. Each local plan must have a section entitled "Purpose" outlining the purposes of the water management programs required by Minnesota Statutes, sections 103B.205 to 103B.255. Subp. 2. Water resource management related agreements. Appropriate water resource management related agreements that have been entered into by the local community must be outlined, including joint powers agreements related to water management that the local community may be party to between itself and watershed management organizations, adjoining communities, or private parties. Available information concerning these agreements in general conformance with the content of joint powers agreements for organizations as outlined in part 8410.0030 must be included. Subp. 3. Executive summary. Each plan shall have a section entitled "Executive Summary" that generally summarizes the content of the local plan in a manner similar to that required for organization plans under part 8410.0050. Subp. 4. Land and water resource inventory. Each local plan must contain a composite land and water resource inventory containing all relevant data from organization plans affecting it consistent with the data required by part 8410.0060. Subp. 5. Establishment of policies and goals. Each local plan must state specific goals and corresponding policies related to the purpose of these plans, be consistent with the policies and goals of the organization plans within the city or township, and address the relation of the local plan to the regional, state, and federal goals and programs outlined in part 8410.0070. Subp. 6. Assessment of problems. Each plan must contain a summary assessment of existing or potential water resource related problems, including those identified in organization plans that affect the community. The problem assessment must be completed for only those areas within the corporate limits of the community and meet the same content requirements as those outlined for organization plans under part 8410.0080, subparts 1 and 2. Subp. 7. Corrective actions. Each local plan shall describe nonstructural, programmatic, and structural solutions to the problems identified in subpart 6. The mandatory actions for organization plans outlined in part 8410.0100, subparts 1 to 6, shall be considered except that actions must be limited to those that can be implemented at a local level. All corrective actions must be consistent with the organization plans having jurisdiction in the municipality or township. Subp. 8. Financial considerations. Each local plan must contain an analysis of the financial impact of implementation of the proposed regulatory controls and programs identified under subpart 7. The analysis must include, at a minimum, the following items: Copyright ©2009 by the Revisor of Statutes. State of Minnesota. All Rights Reserved. 1 REVISOR 8410.0160 8410.0160 GENERAL STRUCTURE. Each local plan must, at a minimum, meet the requirements for local plans in Minnesota Statutes. section 103B.235, except as provided by the watershed management organization plan under part 8410.0110, subpart 3. Each local plan must include sections containing a table of contents; purpose; water resource related agreements; executive summary; land and water resource inventory; establishment of goals and policies; relation of goals and policies to local, regional, state, and federal plans, goals, and programs; assessment of problems; corrective actions; financial considerations; implementation priorities; amendment procedures; implementation program; and an appendix. Each community should consider including its local plan as a chapter of its local comprehensive plan. Each local plan shall be adopted within two years of the board's approval of the last organization plan that affects local units of government. Statutory Authority: MS s 103B.101; 103B.211; 103B.231; 103B.227 History: 17 SR 146 Posted: October 13, 1997 Copyright 02009 by the Revisor of Statutes, State of Minnesota All Rights Reserved. 2 REVISOR 8410.0170 A. the estimated cost of adoption and enforcement of local controls and standards for the local municipality; B. the estimated annual cost of implementation of other specified programs to each local municipality; C. a discussion of local ability to fund adoption of and enforcement of local controls and standards, implementation of other specified programs, and capital improvements, including: (1) levy limit constraints; (2) effect on other city funding needs; (3) (4) (5) establishment of watershed management taxing districts; creation of stormwater utilities; and monetary impact against homes or farmsteads in affected community; D. the impact on the local municipality of local implementation of each capital improvement project component if ad valorem financing is used; and E. a summary of grant funding that would likely be available to fund water management projects and programs. Subp. 9. Implementation priorities. Each local plan must prioritize implementation components to make the best use of available local funding and prevent future water management problems from occurring to the maximum practical extent. Local plans must prioritize organization plan implementation components in line with organization priorities as outlined under part 8410.0120 only for implementation components that must be facilitated by the local municipality or township. Subp. 10. Implementation program. Each local plan must outline required implementation components that apply at a local level. These components shall be consistent with the required plan components outlined for organization plans under part 8410.0130. Official local controls must be enacted within six months of adoption of the local plan. Subp. 11. Amendment procedures. Each local plan must contain a section entitled "Amendments to Plan" containing the year the plan extends to and establishes the process by which amendments may be made. The amendment procedure shall conform with the plan amendment procedure outlined in the organization plans that affect the community. Local plan amendments must be forwarded to each organization affected by the local plan amendment for review and approval before adoption. Subp. 12. Submittal and review. After consideration and before adoption, the local plan shall be submitted to all affected organizations for review according to Minnesota Copyright ©2009 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 3 REVISOR 8410.0170 Statutes, section 103B.235. Each local unit of government must also notify affected organizations within 30 days of adoption and implementation of the plan, including the adoption of necessary official controls. Statutory Authority: MS s 103B.101; 103B.211; 103B.231; 103B.227 History: 17 SR 146 Posted: October 13, 1997 Copyright ©2009 by the Revisor of Statutes, State of Minnesota_ All Rights Reserved. E01 Lino Lakes Special Area Management Plan Jason Naber, EDFj Biologist City of Lino Lakes • Located Primarily in the Rice Creek Watershed District Aquatic Resource Rich City On Developing Edge of Twin Cities Need for Comprehensive Planning Approach Lino Lakes Resource Mgmt. Plan Comprehensive Wetland Protection & Management Plan Surface Water Modeling Drainage System Reports RMP Implemented by Rule RMP -3 l 't,4 lid' O Wk . Srssi e"► 5 2.% ►1 1 Lino Lakes Planning Efforts EO Comprehensive Land Use Plan (City -Met Council) CWD- WSR' TMDLs (RCVUD -MP£i Surface Water Management Plan & Municipal Stormwater Permitting (City- RCWD - MPCA -Met Couracit) What is a SAMP? Water LaJ \;[..071;-.7), COMmurrity Special Area Mgmt. Plans Collaborative interagency planning ...process within a geographic area of special sensitivity Typically include 2 products: Corps General permit or abbreviated pemtitting procedures Local /slate: restrictions for undesirable activities ?.. SAMP Background Regulatory Guidance letter 01 -01 • Advocated a watershed/ holistic. approach Regulatory Guidance letter 02 -02 • Emphasized a watershed -based approach • Instructed Corps Districts to coordinate with and seek recommendattonsfrom tribes, states, local governments, and other Federal agencies SAMP Examples • 'Several in the USA (CA,UT,RI) • Superior, Wisconsin • Lino Lakes -First in MN 2 Why a SAMP for Lino Lakes? EOM • Extensive Aquatic Resources • Designated Metropolitan Growth Area • Multiple Impaired Lakes and Streams • Interest from Watershed Stakeholders • Most of Background work completed through RMP Corps Interest Lino Lakes SAMP- Key Components L1J[«mm, r Project Alternatives Analysis (PAA) for Future Impacts • Review of historic wetland impacts - Evaluation of existing and future infrastructure needs to meet predicted growth • Local land use decision - making process that minimized impacts to aquatic resources • Wetland functional models that compared land use alternatives Compensatory Mitigation Strategy • Preservation and Siting (WPC} • Subwatershed replacement requirement Lino Lakes SAMP- Regulatory Outcome communitr ammatic General Permit (PGP) united to 5 acres of impact per protec • 50 -acre total for 5 -year life of PGP • Interagency interim review • Reissuance after 5 years with successful implementation Corps Permitting Process. • 30 -day public and interagency review • Corps authorization based on RCWD permit 3 City of Lino Lakes: Mike Grochala 4 Lino Lakes Special Are Management Plan Jason >Nab&,. ity of Lino Lakes Located Primarily in the Rice Creek Watershed District Aquatic Resource Rich City • On Developing Edge of Twin Cities • Need for Comprehensive Planning Approach Lino Lakes Resource Mgmt. Plan C1JC�omm• r • irce • Comprehensive Wetland Protection & Management Plan Surface Water Modeling Drainage System Reports RMP Implemented by Rule RMP -3 Lino Lakes Planning Efforts Comprehensive Land Use Plan (City -Met Council). Resource Management Plan (RCl D -BWSR TMDLs RCVdD MPCA;' Surface Water Management Plan & Municipal Stormwater Permitting (City -RCWD- MPCA- Met COuncil) What is a SAMP? Special Area Mgmt. Plans Collaborative interagency planning process within a geographic area of special sensitivity Typically include 2 products: Corps General permit or abbreviated permitting procedures Local /state restrictions for undesirable activities SAMP Background EOZ Regulatory Guidance letter 01 -01 •..Advocated a watershed/ holistic approach Regulatory Guidance letter 02 -02 • Emphasized a watershed -based approach to aquatic resource protection • Instructed Corps Districts to coordinate . with and seek recommendations from tribes, states, local governments, and other Federal agencies SAMP Examples • Several in the USA (CA,UT,RI) • Superior, Wisconsin • Lino Lakes- First in MN 2 Why a SAMP for Lino Lakes? E4 • Extensive Aquatic Resources • Designated Metropolitan Growth Area • Multiple Impaired Lakes and Streams • Interest from Watershed Stakeholders • Most of Background work completed through RMP Corps Interest Lino Lakes SAMP- Key Components EOCotrimunhly Project Alternatives Analysis (PAA) for Future Impacts Review of historic wetland impacts Evaluation of existing and future infrastructure needs to meet predicted growth Local land use decision - making process that minimized impacts to aquatic resources Wetland functional models that compared land use alternatives Compensatory Mitigation Strategy • Preservation and Siting (WPC) • Subwatershed replacement requirement Lino Lakes SAMP- Regulatory Outcome ramntatic General Permit (PGP) • Limited to 5 acres of impact per project • 50 -acre total for 5 -year life of PGP • Interagency interim review - Reissuance after 5 years with successful implementation Corps Permitting Process • - 30 -day public and interagency review • Corps authorization based on.RCWD permit 3 Credits a t r o City of Lino Lakes: Mike Grochala 4 WS — Item 2 WORK SESSION STAFF REPORT Work Session Item 2 Date: May 2, 2010 To: City Council From: Paul Bengtson Re: Nadeau Farm Development — Marcel Eibensteiner Background Royal Oaks Realty owns approximately 110 acres of land located between 20th Avenue, Cedar Street, 35E, and the Birch Street alignment (see attachment 1). The site will undergo some regulatory changes when the 2010 Comprehensive Plan is adopted, as is shown on attachments 2 -4, and in the table below: * Until the 2010 Comp Plan draft is adopted and the entire site is guided Medium Density, nothing can be developed on the site guided as Low Density Unsewered. Additionally, the transportation and utility systems must be considered as part of any development that occurs on this site to make sure proper connection and circulation can be achieved throughout this entire area of the city (see attachments 5 & 6). Marcel Eibensteiner, representing the property owner, has approached the city to discuss the potential of developing a portion of the site with detached single family dwellings (Phase 1 as depicted on attachment 1). In order to achieve the 4.0 units per acre required in Medium Density, the lot sizes will need to be substantially smaller than our current smallest zoning district, R -1 (Single Family Residential). The R -1 (Single Family Residential) district currently allows 80 foot by 135 foot lots with a minimum area of 10,800 square feet. Requested Council Direction Whether staff should or should not draft language for a new residential zoning district with lot sizes that would allow detached single family development to occur within lands guided Medium Density. Attachments 1. Location / Existing Conditions Map 2. 2002 Comprehensive Plan Future Land Use Map 3. 2030 Comprehensive Plan Future Land Use Map (Draft) 4. 2030 Comprehensive Plan Residential Phasing Map (Draft) 5. Transportation Plan 6. Utilities Plan 2002 Comp Plan 2010 Comp Plan (draft) Land Use Low Density Unsewered & Medium Density Medium Density* Phasing Outside of MUSA boundary North i 2 - Stage 1 A (2008 — 2015) South 1/2 - Stage 1B (2015 — 2020) * Until the 2010 Comp Plan draft is adopted and the entire site is guided Medium Density, nothing can be developed on the site guided as Low Density Unsewered. Additionally, the transportation and utility systems must be considered as part of any development that occurs on this site to make sure proper connection and circulation can be achieved throughout this entire area of the city (see attachments 5 & 6). Marcel Eibensteiner, representing the property owner, has approached the city to discuss the potential of developing a portion of the site with detached single family dwellings (Phase 1 as depicted on attachment 1). In order to achieve the 4.0 units per acre required in Medium Density, the lot sizes will need to be substantially smaller than our current smallest zoning district, R -1 (Single Family Residential). The R -1 (Single Family Residential) district currently allows 80 foot by 135 foot lots with a minimum area of 10,800 square feet. Requested Council Direction Whether staff should or should not draft language for a new residential zoning district with lot sizes that would allow detached single family development to occur within lands guided Medium Density. Attachments 1. Location / Existing Conditions Map 2. 2002 Comprehensive Plan Future Land Use Map 3. 2030 Comprehensive Plan Future Land Use Map (Draft) 4. 2030 Comprehensive Plan Residential Phasing Map (Draft) 5. Transportation Plan 6. Utilities Plan Birch' Street Location / Existing Conditions Legend Wetlands - Centerville Wetland Preservation Comdo ubject Property Greenway Flood Zone Power Line City of Centerville Low Density Unsewered > Residential Industrial Medium Density Residential Low Density Residential Rural 2002 Comp Plan Future Land Use Legend Industrial Rural Low Density Sewered Centerville Medium Density QSubject Property Low Density Unsewered MEE M.U.S.A Boundary Low Density Residential 1-reh 0 N Stree City of Centerville Cedar Street Medium Density Residential Urban Reserve 2030 Comp Plan Future Land Use Legend Medium Density Urban Reserve Low Density Centerville III Industrial Subject Property 1• 0 N Birch Street 0) City of Centerville Cedar__ Industrial Street Stage 1B Post 2030 2030 Comp Plan Residential Staging Legend Stage 1A (2008 -2015) Developed Stage 1B (2015 -2020) Industrial Stage 2A (2020 -2025) r Centerville 0 Post 2030 QSubject Property Cedar )tree 0 a 0 0 tV El =00000ooaooaz`, Strrt RN Transportation Plan Legend Centerville Q Subject Property A I CM: Proposed Roadways �..� Proposed Road Connections I V Birch Strf Utilities Plan Legend Sanitary Lines Sanitary Lines } Gravity Main Force Main MCES Interceptors MCES Interceptors MCES Interceptor Gravity Main MCES Interceptor Force Main Water Lines Centerville QSubject Property VENUE (co. RD. NO. Lao wv -e>imr 1 /25 /25 tl W G! rkRF K/w 7 0 N 0 v a 0 1 \ \\.\ \ \ \X /So �F Srgee H ids ee 3 3 0 w soioV /sl°l Z) go! 6pwo; ai6uis pasodoJd g{s oaJy ;odd ssoJO -fa / c0 - \ \ \ ■ W "457. / 9$O c .5r4-Er t. /2s S 0 3 tr \n o \914 /zs ' N /z5/ t N • /(e re., RE / w O SKETCH OF: PART OF THE NW 1/4 SECTION 25 - 31--22 IN THE CITY OF LINO LAKES, ANOKA COUNTY, MINNESOTA FOR: ROYAL OAKS REALTY • Phone: 651 -483 -5518 tga,0 AO A use 1g" as sko e fat, WO() 1. 5 J \1 I 9a r • / /w/vwrJ•«' E.TLA O O O O O i /v ir p' BIRcH STREET I g;31 _ .............s.. E. G. RUD & SONS, INC. EST 'a" Professional Land Surveyors & 77A A77A Inky Ilrivp NF Siiitp 11n .`,tpNESpr ,,, .4 `•DANIELW. \^ OBILLER ! 7. tn:::c( 411 GRAPHIC SCALE ,00 0 30 100 200 (1N FEET) 1 {nr.h a 100 If WS — Item 3 WORK SESSION STAFF REPORT Work Session Item #3 Date: May 2, 2011 To: City Council From: Marty Asleson Re: Emerald Ash Borer Update Background Lino Lakes has a number of Ash trees in parks and on City street boulevards. There are approximately 417 smaller size ash trees on City boulevards and another 230 or so larger size trees in parks of significance. Emerald Ash Borer was recently discovered in Minneapolis. Emerald Ash Borer, an introduced pest from China, has the ability to, and will, kill every Ash tree and all species of Ash tree in the state of Minnesota and, in particular, Lino Lakes, unless the trees are treated with insecticide. The City has taken precautions to not plant any more than 10 to 15 % of any one species in any neighborhood. When we first heard about the introduction of Emerald Ash Borer in Detroit in 2003, we stopped planting Ash trees altogether. Because of the precautions that have been taken, we should have a minimum impact to City resources compared to many other cities where only Ash trees were planted. While not a City expense, Emerald Ash Borer prevention or Ash tree removal on private property may be more costly. Recent remote sensing from the Minnesota Department of Natural Resources (MN/DNR) places the number of wild and private Ash trees in Lino Lakes in the tens of thousands. Staff has been working with the Environmental Board on a preparedness plan for Emerald Ash Borer. Attached is the draft plan. Cost figures in the cost assessment were derived from an Emerald Ash Borer predictive model developed by Purdue University. Since the draft preparedness plan was completed in July of 2010, the city was successful in obtaining a $25,000 Grant from MN/DNR to replace some of our park and street trees. Therefore, the cost figures will decrease for all options. Attachment City of Lino Lakes, MN Emerald Ash Borer Preparedness Plan 1 July 28, 2010 City of Lino Lakes, MN Emerald Ash Borer Management Plan Purpose: The provisions of this management plan are intended to provide a cost effective and culturally acceptable method of management for the outbreak of Emerald Ash Borer. The death of all the ash trees in the City of Lino Lakes will have a detrimental effect on home values, quality of life and environmental benefit. The goal of this plan is to mitigate the impact of EAB as much as practical, to resid, ®'" and City Ash trees. Introduction: Emerald Ash Borer (EAB) is an invasive, non - USA from ports in Detroit Michigan. The in to come into this country in packing crate B least 5 years before a plant pathologist not 2002. All efforts in Michigan to stop this insec EAB can travel up to 4 miles by ° -rte or an ave intro '`r d pest that came into the indigenous = hina and is suspected most likely exH in Michigan for at somethi • wrong w their Ash Trees in e f It is now ated that 10 miles with h " an help. Humans help this insect get arou only 6 or seven years of study and this insect. Scientists dry ow that o will be killed in five • , = It will b controls may be a areas may . by firewood transport. With nager is time are unable to stop all of the City's Ash trees minimum until effective Minnesota has a treme include t - �' ® ted lakes There nests in t Natural Re of As es (900 million). This number does not ng street scapes. The City of Lino trees i q and 598 Ash trees on street boulevards. tier Islan• that have supported Great Blue Heron ensing from the Minnesota Department of 0000 'i trees overall in the City of Lino Lakes. pproxi Iso 157 As ast. Prelim' °g Res s estimate There are three o cities can decide to an doing nothing), or combination of these options that t, a city can remove all of their Ash trees. If the trees are not removed, a unsightly �. °azardous trees are left in the landscape. Secondly, a City 9 Y? can remove and replace the dead ash trees with another type of tree, thus mitigating the benefits of the lost trees. Third, a City can chemically treat the trees with an insecticide for an indefinite amount of time. A city can also do a combination of any of these options. The following highlights each option. 1. Remove all City Ash Trees: All Trees will die in 5 years so removal costs are associated with the city or a contractor removing all trees in 5 years. This plan July 28, 2010 has the lowest out of pocket expense. This plan also causes the greatest losses to aesthetic and ecological value that the Ash trees provided for Lino Lakes. 2. Remove /Replace all City Ash trees. This option replaces every Ash tree with a new tree that won't get Emerald Ash borer. This plan is the least costly way to manage the Lino Lakes Ash forest and allow it to regain its former size. 3. Treat City Ash trees with insecticide. This plan has the lowest annual out of pocket costs, but it has the greatest cost over timeAt also produces the largest remaining forest over time. Research demonstr. - '` at insecticides can protect small trees < 12" in diameter until they reac Inch diameter. Effective treatment of larger trees would require eit a m® requent application, or a higher dose of inspective. Research a 8.2010 'sews one application of insecticide will treat a tree for at lea; ®ears. 4. Combination of the first 3 options. Treating at least the middle ray - of City tre our losses over a much great eriod, an treated trees. Treated trees sh• .:, b ° wed to tr Poor formed trees or trees in dec gives the Cif e to spread sibly eliminate our losses for good vigor with good form. removed as soon as ry it ts, genetic selection and to a a success in one of these costs are estimated for the different ity of Lino Lakes. possible. Natura manipulation, areas is 20 year scenarios of Ash T ith par e esti e folio nt for Num 328 Based on City Park and Street Tree "'I my Peltier Island Ash Trees /Nested Num 598 157 Remove All City and Park Trees over 5 years using a contractor Remove All City and Park Trees over 5 years using City Crews Replace All City Park and Street Trees over 5 years using a contractor Replace All City Park and Street Trees over 5 years using City Crews Chemically Treat all City and park Trees indefinitely using a Contractor /year Chemically Treat all City and park Trees indefinitely using City Crews /year Chemically Treat all City and park Trees 6 " -12" indefinitely using a contractor /year $282,534 $144,100 $624,965 $246,883 $54,670 $8,529 $27,980 1st Year At 25 Years $18,223.00 $2,843.00 $9,326.66 $2,191,210.00 $341,829.00 $1,123,560.00 July 28, 2010 Chemically Treat all City and park Trees 6 " -12" indefinitely City Crews Remove All City and Park Trees < 6 and >12 inches using a contractor Remove All City and Park Trees < 6 and >12 inches using City crews Replace All City and Park Trees < 6 and >12 inches using a contractor Replace All City and Park Trees < 6 and >12 inches using City Crews Administration The City Forester shall coordinate efforts with the PL Department of Agriculture and /or the Minnesota County, and St Paul District Energy to seek assi and treatment of City Plan Ash trees. Furth Shade Tree Disease Control Ordinance disposal. $4,365 $143,505 $35,897 $312,321 $122,100 $1,455.00 $175,275.00 orks Department, the Minnesota nt of Natural Resources, Anoka ce the City ssist and educa e removal, disposal, replacement, ster shall enforce the City public in private Ash tree City Park and Boulevard Tree IT Bement Recommended procedure for City trees first. Chemically ash trees < 6 inche chemical injection t all trees > 12 in e City rri all poorly- formed and /or defective cYi ication, remove and replace all ire mical labels allow for higher e to � the larger trees. Peltier Island Nest It is re be coordi Coordin trees with herons. es sups r 'ton nests on Peltier Island (County Property) support` ° •resent and future heron Populations, and that a ounty, and the City of Lino Lakes be arranged to this end. hemle eatment of existing trees and /or replacement of the Ash Trees. r other species that would afford good habitat for the Disposal ed in suc _ry ay d effort betty efforts may wood„ Hick Since all trees within an infected county will be severely transport limited by quarantine, It is recommended that two diseased tree stock pile sites be designated in the City. These sites would be open to the residents of Lino Lakes to dispose of their dead Ash trees. Trees would be allowed to stay on site until such a time that there would be sufficient volumes for tub grinding by St Paul District Energy. Suggested stock pile sites are the north western corner of the old city hall site, and the athletic complex land on Centerville Road and Birch. Maintain an open invitation to better -use July 28, 2010 utilization of Ash wood.. Public Information Connect to the public by newsletter articles, web page, kiosk information booth and PSA's on local cable N. Partnerships Share resources with other communities where possib. ° ; _ Investigate the use of marshaling of materials on a common interest basis. ► 5- -,u. -e 1k. sGs516-y, qZ1 l Emerald Ash Borer Tree Disposal Site 1 4.2 acres II -= ■ viii1;7111:,...*.. ' '1.11.11116..11.11: :11.11-16.117.17:=---11-1:71111;11171.11 ..4::...m. I Atillillill:ri *4:17 ��, �uum'4lU �Y 40 .,:'L_, 111 -= 4i'.I■ ►.il= _' 1' 6 -.1 III :III °_Ilirm -ei ■��11IIIU ' 7, '' r h1� � !IIIIIIIIIIII■ � / ■L►;_ \'�►.'�' N: Emerald Ash Borer Tree Disposal Site 2 18.2 Acres • • WS — Item 4 WORK SESSION STAFF REPORT Work Session Item 4 Date: Council Work Session, May 2, 2011 To: City Council From: Michael Grochala Re: American Legion Parking Background The American Legion has approached the city council regarding the possibility of leasing city owned property for parking. The City owns three acres adjacent to the American Legion. The city land is intended for eventual commercial development. A portion of the property is currently used for the community gardens. The Legion has not provided any information regarding how much parking they require. The assessed market value of the 1 acre parcel nearest the Legion is $91,400. The last purchase offer the city had on this parcel was $277,000 per acre. The first question the council should answer is whether to allow private use of city property. Use of the property for parking would require installation of a parking lot meeting all requirements including paving, curb and gutter as well as storm water management improvements. This would be an encumbrance on the property and could be detrimental to future sale. A lease agreement would need to include provisions for tear out of the parking lot, at the expense of the Legion, if the city sells the property. The property is currently tax exempt. If leased, the property would lose its tax exempt status. Based on discussions with Anoka County taxes would amount to approximately $2,400 per year. A typical land lease rate for an acre of commercial property valued at $91,000 is approximately $450 to $600 per month. A qualified appraisal should be completed to determine an actual rate. At a minimum the city would need to charge enough to cover local costs. Council Direction Staff is requesting council direction regarding the following: 1. Does the Council want to allow public land to be used for private purposes? 2. If so, should staff pursue an appraisal and lease agreement with the American Legion with all costs paid for by the American Legion? Attachments 1. General Location Map 1 WS — Item 5 WORK SESSION STAFF REPORT Work Session Item 5 Date: May 2, 2011 To: City Council From: Mary Alice Divine Re: Oppidan Proposal — 49/J Background At the request of City Council, the developers who are proposing a grocery store near the northwest corner of 49/J held a neighborhood meeting on April 19. Approximately 75 people attended. Major concerns from residents included the size of the store, its proximity to their homes, and additional traffic and noise from a 24 -hour grocery. Some residents expressed doubt that a grocer was needed or could be successful at that location. Development interest around that intersection precipitated a master planning process that began in 2004. The final report pointed out a number of shortcomings in the area that must be corrected in order to support development. No public water or sanitary sewer service currently exist to service properties along Hodgson Road. While signals have been added since the master planning process, any significant new development in the area will require road upgrades to improve access, traffic flow and circulation. Infrastructure While this proposal shows approximately 50,000 sq. ft. on 8 acres, the traffic study for the master plan has the potential for full redevelopment of up to125,000 sq. ft. of commercial and 225 residential units on the 45 -acre planning area. Anoka County has worked with the city to develop a preliminary design for the 49/J intersection and a design for ultimate improvements. Oppidan has met with Anoka County to discuss what will be required to service this proposed development. Actual improvements will have to be based on further traffic analysis based on the final development plan. As noted in the master plan, sanitary sewer and water will need to be extended to service the area. The timing of these improvements is solely within the discretion of the City and likely to be driven by development. Some of these improvements may benefit properties adjacent to the development site. The City may consider a special assessment process to 1 distribute the cost of improvements to all benefiting properties. Alternatively, a connection charge could be established that is paid when adjacent properties connect to improvements. A feasibility study will be required in conjunction with any application review to determine the scope and cost of improvements. The improvements will require land acquisition of easements and /or property to facilitate the infrastructure expansion. Tax Increment Financing Council members raised the question of the possible use of Tax Increment Financing to assist with public improvements. Tax Increment Financing is a program that enables a city to use the additional property taxes that a proposed development generates to finance certain costs necessary for that development to occur. Taxes that were being paid on the undeveloped property or the "base value" continue to be paid to the taxing jurisdictions. Only the "increment" (the increase in taxes incurred by the new development) is available to assist with improvement costs. Often the issuance of a bond is necessary to finance these upfront costs. Bonds are repaid by the increment that is generated by the new development. In other instances, the TIF is provided on a "Pay -As- You -Go" basis, meaning the development pays the improvement costs upfront, and is reimbursed over time as taxes on the new development are paid. Normally TIF is not available to assist greenfield commercial development. Ten -year Economic Development TIF Districts are normally used for manufacturing or warehouse development. As a temporary economic stimulus, the State Legislature is considering an extension of special legislation passed last year that allows cities to TIF other uses, including commercial projects. If the Legislature extends that legislation for another year, the City Council could use the opportunity to provide TIF to assist with the cost of bringing infrastructure to the area. A 50,000 sq. ft. project valued at $7 million could generate in the range of $100,000 per year. Infrastructure costs have not been determined at this early stage, but could potentially exceed $1.5 to $2 million. Requested Council Direction Staff requests direction from the council on how it would like to proceed with the grocer development as it has been proposed. Attachment(s) None 2 1IOZ Rian' r / * eeeee■oz 71 2!£8 ®xi.n / E�, ` i! ;._ \ \� %�\ -��' n 0 Q } x« X � : , r . � � ( rr m 2 \ � .�; ] c , ' i WS — Item 6 WORK SESSION STAFF REPORT Work Session Item 6 Date: May 2, 2011 To: City Council From: Mary Divine Re: Redevelopment Task Force Background The Lino Lakes City Council requested that the Lino Lakes Economic Development Advisory Committee (EDAC) act as a Redevelopment Task Force to study issues surrounding underused and nonconforming properties in the City. EDAC studied the issues and completed the attached draft workbook with recommendations. In formulating a direction to study underused, nonconforming and vacant properties in Lino Lakes, it was necessary to: 1. Identify the properties 2. Determine the impact these properties have on the City's tax base 3. Determine the impediments that prevent the properties from being used or redeveloped 4. Determine what actions — whether through regulatory change, financial incentives, public investment, or marketing assistance —could be proposed that would benefit the City and create an environment that supported continued stabilization of the City's commercial /industrial tax base. Property Identification Staff completed an initial inventory of commercial and industrial properties on Lake Drive and Hodgson Road, the two major corridors where the majority of properties are either guided, zoned or historically have been used for commercial /industrial purposes. An initial inventory resulted in 163 properties. After eliminating all vacant parcels and single family homes, 83 parcels remained. Of those, only six are developed with an existing use that is currently nonconforming to the zoning ordinance. More notable is that fact that 38 (46 %) of those properties are served by private wells. Since access to water is key to installation of a fire suppression system, and such a system is required if the use in a building changes, the lack of city infrastructure is a greater impediment to reuse or redevelopment than the issue of nonconformities. Therefore the final inventory focused on 23 properties that are a substantial distance from water mains and therefore are the greatest challenge to redevelop over time. Of those properties, four are currently delinquent on property taxes and two are vacant. Market Analysis City taxes from all commercial and industrial properties in Lino Lake amounts to $1,645,000. City taxes from all properties inventoried is approximately $65,000. Staff performed a subjective assessment of properties that are either currently vacant or have an increased likelihood of becoming vacant in the future. If all those properties were to cease paying taxes, the City would lose approximately $19,000 in taxes annually. This is approximately 1.2% of the City portion of all commercial and industrial properties in the City. Action Steps EDAC has identified courses of action the City could take in regards to nonconforming uses and properties that are underserviced, zoned, guided or used as commercial /industrial and don't have immediate access to infrastructure: Action 1: Allow market forces to determine the redevelopment of nonconforming properties. Action 2: Expedite the redevelopment of nonconforming properties by providing funding sources for the acquisition of priority properties as they become available; extend utilities to developable sites; provide business loans for special assessments or rehabilitation. This requires the City Council to determine it wants to make a financial commitment to redevelopment and how those funds can be made available. Options available for the City Council to consider: • Tax Increment Financing • Tax Abatement • Special Assessments imposed upon the property owner(s) to pay for improvements that benefit the property • Establishing sewer /water funding for economic development zones • Developing a policy of using pooled TIF for a revolving economic development fund. This allows 20% or 25% of total new increment from TIF districts to be spent outside the boundaries of the TIF district • Encourage private equity in the form of an Economic Development Corporation Other options to provide public funding sources to spur public investment in private development entail an additional tax levy including: • Anoka County HRA levy • Lino Lakes Economic Development Authority (EDA) levy Action 3: Consider changes to zoning ordinances to allow uses within commercial /industrial zones which are not currently allowed. To implement the draft Comprehensive Plan, staff is reviewing city ordinances and evaluating existing allowable uses in the commercial and industrial zones. EDAC Recommendation EDAC's Redevelopment Task Force recommends that the City Council pursue Actions 2 and 3. Action 2: While EDAC recognizes that market forces will play a major factor in future redevelopment of properties on Lake Drive and Hodgson Road, EDAC encourages the City to take a proactive role in redevelopment to encourage private investment. This includes the City making best use of financial tools available. Action 3: EDAC recommends that once the Comprehensive Plan is passed by the City Council, that the City examine its commercial /industrial zoning ordinances. Consider opportunities for changes and/or additional zoning categories that would allow flexibility within commercial /industrial areas of the City without compromising the goals and policies of the Comprehensive Plan. These proposed changes will be reviewed by EDAC, the Planning & Zoning Board and City Council before adoption. Council Options: 1. Accept the Task Force report 2. Direct Staff and Planning & Zoning Board to evaluate current commercial and industrial zoning while revising and updating the City's zoning ordinance as part of the implementation of the Comprehensive Plan. Consider appropriate measures to provide flexibility within commercial and industrial areas of the City, in particular properties that have no access to public utilities. 3. Make use of all tools available to leverage public investment in private redevelopment of commercial and industrial properties. Attachments: Draft Redevelopment Task Force Workbook Redevelopment Task Force Workbook • • • Table of Contents Background. Page 1 Study Objectives . Page 2 Analysis. Page 2 Parcel Inventory Page 2 Impediments Page 3 Market Value Page 5 Actions. Page 5 Recommendation. Page 7 Implementation Page 7 Appendix A. July 6, 2010 City Council Staff Report B. Minutes of EDAC: April 8, 2010 and May 6, 2010 C. Inventory of Properties D. Market Values of Properties Background In September 2010 the Lino Lakes City Council requested that the Lino Lakes Economic Development Advisory Committee (EDAC) act as a Redevelopment Task Force to study the issue of nonconforming properties in the City. The City Council had concerns about the erosion of the City's tax base if nonconforming properties could not be used for new businesses coming into the City. The Council wanted to explore options for redevelopment of properties and /or impediments to resale and reuse of nonconforming properties. A specific property on Lake Drive in Lino Lakes precipitated this discussion. An electronics recycling company wanted to move its business onto a nonconforming property that had been empty for approximately two years. This property has building and fire code issues, and does not have utilities available to it. In addition, the City's zoning ordinance does not allow outside storage on properties zoned for Light Industrial in this location. Staff outlined the issues related to use of this property in a July 6, 2010 work session report (Appendix A). In April of 2010, City Planner Jeff Smyser provided EDAC with background information in order to understand the issues surrounding nonconforming uses in Lino Lakes. He explained that the City's Comprehensive Plan is a guidebook for determining how the City envisions land to be developed over the years. Zoning ordinances and other official controls are then put in place to ensure that the Comprehensive Plan is implemented. In addition to the Comprehensive Plan's guiding policies and official regulations over which the City has control, there are building and fire codes, some that are not within the City's control. In May 2010 EDAC members discussed that vacant properties were problems and led to blighted conditions, and that property owners had certain rights for use of their properties. Members considered the potential for interim uses for vacant properties. In the end, members concluded that interim uses on nonconforming properties could delay redevelopment and conflicts with the goals and vision of the Comprehensive Plan. EDAC concluded that while empty commercial and industrial properties were not a good situation, a long term approach to redevelopment was a better solution. EDAC determined that no action or recommendation was needed to change city ordinances to extend the use of these properties (Appendix B). After City Council's direction to create a task force to look further into the issues, staff developed an inventory of properties that, due to a lack of infrastructure (sewer /water) were difficult to maintain, expand or redevelop. EDAC reviewed this information in November and December before making its recommendations. 1 1 • • • • • Project Goals In its Economic Development Mission Statement and 5 -Year Plan, EDAC states that its primary goal is to encourage commercial /industrial development to stabilize the city's tax base to relieve the residential property tax burden. If EDAC continues to uphold that goal, then the question they wanted to consider was: Do City ordinances regarding nonconforming properties impede achieving the goal of stabilizing the City's tax base? Or do current City ordinances properly guide market forces to ensure that commercial and industrial best uses are located within appropriate commercial and industrial corridors? Analysis Formulating and advancing development and redevelopment first requires identifying the problem, understanding existing barriers such as realities of the marketplace, constraints of local public /private resources, creating a shared political agenda, and finally designing a program of action. In the formulating a solution to underused and vacant properties in Lino Lakes, it was necessary to: 1. Identify the properties 2. Determine the impediments that prevented the properties from being used or redeveloped 3. Determine the impact these properties have on the City's tax base 4. Determine what actions - whether through regulatory change, financial incentives, public investment, or marketing assistance —could be proposed that would benefit the City. Parcel Inventory In order to determine if nonconforming issues are preventing the redevelopment of underutilized properties in Lino Lakes, staff inventoried the Lake Drive and Hodgson Road commercial corridors as these major roadway corridors include the majority of properties that are either guided, zoned, or have historically been used for commercial /industrial purposes within the city. An initial inventory resulted in 163 such properties within these corridors. To focus the study further, staff compiled and reviewed the following information for each site: Zoning Designation, Land Use Designation (existing and draft 2030), Existing Use, and City Utility Service or Water Main location. Then using this information, staff determined if the existing use was conforming to the zoning ordinance and if the existing use was consistent with the comprehensive plan(s). Since the interest of the City Council is to prevent the erosion of commercial /industrial tax base within the City, staff eliminated all the vacant or single family home parcels (80), since they do not contribute to the C/I tax base. Of the remaining 83 parcels, only 6 properties are developed with an existing use that is currently nonconforming to the zoning ordinance or just .07% of the properties. More notable is the fact that 46 %, or 38 of the remaining 83 parcels, are served by private wells. (including all 6 non - conforming uses). Since access to water is key to installation of a fire suppression system, and such a system is needed if the use in these building changes, the lack of city infrastructure is a greater impediment to redevelopment. Therefore, the final inventory being presented to the Task Force and City Council includes 23 of these 38 parcels. This focuses on those that are a substantial distance from water mains and therefore present what staff feels is the greater threat to the tax base. (Appendix C). Impediments to Continued Reuse of Properties a. Nonconforming Buildings /Sites/Uses State law establishes how a city must address nonconformities (MN Statute 462.357, Subd. le). A nonconformity may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion, unless: the nonconformity or occupancy is discontinued for a period of more than one year; or the nonconforming use is destroyed by fire or other peril to the extent of greater than 50 percent of its estimated market value and no building permit has been applied for within 180 days of when the property is damaged. Any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy. A municipality may, by ordinance, permit an expansion or impose upon nonconformities reasonable regulations to prevent and abate nuisances and to protect the public health, welfare, or safety. Some additional restrictions apply in floodplain and shoreland areas. The city's zoning ordinance sets regulations that must be met when developing a site and a list of potential uses for each zoning district established in the city. If a building /site that was developed under a previous ordinance can't meet today's ordinance requirements, it is considered a non - conforming building /site. If a use was established legally under a previous ordinance, and it is not allowed in that zoning district under today's ordinance, it is considered a non - conforming use. Non - conforming buildings are usually the result of changes to architectural standards and setbacks. These buildings are allowed to be maintained and used in perpetuity. If the use changes, the city does not currently require upgrades to meet today's ordinances, but rather only requires that the building continue to meet all building and fire code requirements. 3 • • • • • Non - conforming sites are usually the result of changes to parking, setbacks, ponding, and lot size requirements. The existing non - conforming use that was legally established may continue on such a site, but any change in use would require bringing the lot into conformance with today's standards for parking, setbacks, ponding, etc... Non - conforming uses may continue to be operated on a site in perpetuity. Should the use cease, it may be replaced with the same use within 12 months time, and can then continue again in perpetuity. However, if 12 months pass and the use is not re- established, the use is no longer allowed on the site and all subsequent use of the site/building must be allowed by the current zoning ordinance. The reason for establishing non - conforming regulations is twofold. First, it guarantees the current property owner/business owner's rights to continue to use the site as was previously allowed by the city. Secondly, it provides a mechanism to eventually spur the redevelopment of the site with a use that is considered to be appropriate with the current regulations of the city. b. Lack of Infrastructure and Fire Code Issues As required by the Joint Powers Agreement with the Centennial Fire District, the city has adopted a fire code that requires the majority of all commercial /industrial buildings that are over 2,000 square feet in size to have a fire suppression system. (A 60 foot buffer around all sides of the building and on the same lot as the building can take the place of a fire suppression system in some cases.) The city could entertain increasing this threshold by eliminating this section of the fire code, but to do so would also mean renegotiating the Joint Powers Agreement with the other cities and the Fire District, and the likelihood of higher insurance rates and reduced public safety faced by both the city and its residents. City Council has previously determined that it is not interested in revising the City's Fire Code to have less restrictive fire suppression requirements. For sites that have city water, installing a fire suppression system can easily be accomplished. For those sites that are not on public utilities, the cost of improving the private well to provide fire suppression may not be cost effective, and the money spent does little to improve the value of the land itself, since public utilities are still not present for future development. There is little incentive on the part of a business owner to make such an investment. Market Value The total market value of all commercial and industrial properties in Lino Lakes is $195,601,400. An estimated City portion of taxes on that value amounts to $1,645,000. To determine if the properties in the inventory are a problem that could erode the City's commercial /industrial tax base, it is helpful to look at what impact these properties have. The total market value of all land and buildings that were inventoried on Lake Drive and Hodgson Road is $5,558,033. Total annual city taxes on these properties are approximately $65,000. Staff performed a subjective assessment of buildings that are either currently vacant or are at a high risk of becoming vacant in the future. At worst case scenario, if all the higher risk properties were to cease paying taxes, the City portion of taxes lost would amount to approximately $19,000 annually. This is approximately 1.2% of the City portion of all Commercial and Industrial taxes in the City (Appendix D). To date, one vacant property in disrepair is owned by a bank, although taxes are still being paid. Four properties are delinquent on taxes (two of those are vacant and in disrepair). These buildings are in conditions that detract from the surrounding area and discourage new business. Actions EDAC has identified courses of action the City could take in regards to nonconforming uses and properties that are underserviced, zoned, guided or used as commercial /industrial and don't have immediate access to infrastructure: Action 1: Make no changes to the City's ordinances and allow market forces to determine the redevelopment of nonconforming properties. Action 2: Expedite the redevelopment of nonconforming properties by providing funding sources for the acquisition of priority properties as they become available; extend utilities to developable sites; provide business loans for special assessments or rehabilitation. This requires the City to determine it wants to make a financial commitment to redevelopment and how those funds can be made available. The City currently has at its disposal, with policies in place for its use: • Tax Increment Financing: As development occurs, the additional taxes generated from new development are used to assist the developer with infrastructure, land acquisition and other eligible costs • Tax Abatement: Much like Tax Increment, but only the City portion of taxes are available to assist with Redevelopment 5 • • • • • • Special Assessments imposed upon the property owner(s) to pay for improvements that benefit the property While the City has used both Tax Increment and Tax Abatement to assist in development and redevelopment, the City Council could consider more long -term payout periods for sites that are difficult to redevelop without access to utilities. Additional sources of revenue to expedite redevelopment could include: • Designate a portion of Trunk Fund reserves for economic development • Develop a policy of using Pooled TIF for economic development, thereby allowing 20% or 25% of total TIF from new TIF districts to be spent outside the boundaries of the TIF district • Create City Charter exempt districts where interim uses are allowed if owners accept assessments for extension of utilities to the site • Encourage private equity in the form of an Economic Development Corporation Other options available entail an additional tax levy including: • Anoka County HRA: has Economic Development Authority to levy for economic development purposes. This is a property tax increase on all Lino Lakes taxpayers. In Anoka County the Cities of Centerville. Columbia Heights, Columbus, Hilltop, Lexington, Linwood Township, Nowthen, Spring Lake Park and St. Francis levy for economic development activities through the Anoka County HRA. According to the County, at the existing levy rate, this would generate approximately $330,000 annually for economic development activities. • Lino Lakes Economic Development Authority (EDA) Levy: The City has an existing EDA with statutory authority to levy for economic development purposes. An EDA levy must be not more than 0.01813 percent of taxable market value, which would generate slightly less than the Anoka County levy. The City may also choose to levy less than the maximum amount. Action 3: Consider changes to current controls to allow additional flexibility for the reuse of nonconforming properties that could meet all building and fire code requirements. This would include changing zoning ordinances to allow uses within commercial /industrial zones which are not currently allowed. As part of the implementation of the draft Comprehensive Plan, staff will review city ordinances and will evaluate existing allowable uses in the Commercial and Industrial zones, and consider changes that can be made to remove obstacles to use of existing buildings. One consideration will be creation of a new zoning district for commercial properties that do not have utilities available. Recommendation EDAC's Redevelopment Task Force recommends that the City Council pursue Actions 2 and 3. Action 2: While EDAC recognizes that market forces will play a major factor in future redevelopment of properties on Lake Drive and Hodgson Road, Action 2 places the City in a more proactive role in redevelopment and encourages private investment. Public commitment to growing the City's tax base may be required in order to redevelop priority sites and encourage private commercial and industrial development. EDAC encourages the City Council to make best use of financial tools available, including the temporary lifting of use restrictions for Economic Development TIF Districts. EDAC also recognizes that it is a City Council priority to not raise residential taxes. When property values begin to increase again and new development occurs in the City, a levy for economic development purposes could be used to assist private development with extension of public utilities and /or purchase of blighted properties without increases in the tax levy. Action 3: Once the Comprehensive Plan is passed by the City Council, staff will examine the City's zoning ordinances to ensure conformance with the goals and policies of the Comprehensive Plan and bring those changes to the Planning & Zoning Board and City Council for consideration. During this review, EDAC would like the City to consider opportunities for changes to the zoning ordinances or additional zoning categories that would allow flexibility within commercial /industrial areas of the City. Implementation Council Options: 1. Accept the Task Force report 2. Direct Staff and Planning & Zoning Board to evaluate current commercial and industrial zoning while revising and updating the City's zoning ordinance as part of the implementation of the Comprehensive Plan. Consider appropriate measures to provide flexibility within commercial and industrial areas of the City, in particular properties that have no access to public utilities. 3. Make use of all tools available to leverage public investment in private redevelopment of commercial and industrial properties. 7 • • • • • WS — Item 4 APPENDIX A WORK SESSION STAFF REPORT Work Session Item 4 Date: Council Work Session, July 6, 2010 To: City Council From: Michael Grochala Re: 6931 Lake Drive — John Freimuth Background At the June 14, 2010 regular City Council meeting, Mr. John Freimuth, 7381 Jon Avenue, spoke to the council regarding his interest in purchasing the property at 6931 Lake Drive to operate a recycling center. Mr. Freimuth explained that existing city requirements made moving into the building cost prohibitive, specifically concerning installation of a fire suppression system. Mr. Freimuth previously brought this issue to the Planning & Zoning board. The board was supportive of his business moving to the city, but not necessarily at this location. Analysis The building located at 6931 Lake Drive, former site of Bill's Rental, has been vacant since April of 2006. The site is zoned LI, Light Industrial and is guided as Performance Land Use within the 2002 Comprehensive Plan. The draft 2030 plan guides the property as Commercial. There are a number of issues with the existing structure, waste disposal and site requirements that need to be resolved in accordance with current city code requirements regardless of the proposed use. However, for the purpose of this report we will concentrate on the three major issues regarding Mr. Freimuth's proposal: 1) The proposed use is not allowed within the LI, Light Industrial zoning district or any other city zoning district. 2) The proposed use is not supported by the Comprehensive Plan (both the existing 2002 plan and the draft 2030 plan). 3) A fire suppression system must be installed in accordance with the Building Code. 1 Zoning Mr. Freimuth is proposing to operate a recycling center. Under the City's zoning ordinance the proposed use would be considered a "Junk Yard ". The zoning ordinance defines "Junk Yard" as follows: Junk Yard. Any area, lot, land, parcel, building or structure or part thereof used for the storage, collection, processing, purchase, sale or abandonment of wastepaper, rags, scrap metal or other scrap or discarded goods, materials, machinery or two (2) or more unregistered, inoperable motor vehicles or other type of junk. Junk Yards are not permitted within any zoning district in the City. Mr. Freimuth has provided correspondence that his proposed use would require between 1 to 10 roll off dumpsters for the collection of drop off recyclable materials. This would be considered "Exterior Storage" under the zoning ordinance. Exterior storage is not allowed in the LI, Light Industrial zoning district where properties abut property zoned for residential, rural, or business use. "Abutting" includes property across a street. Comprehensive Plan The Performance Land Use designation was intended to allow a variety of land use types provided it is able to demonstrate compliance with a number of performance standards related to land use compatibility, site function, aesthetics, environmental protection and site access. The 2002 Comprehensive Plan provisions for "Performance Land Use" include specific performance criteria. The plan (pg. 96) specifically states that "Outdoor sales and storage is prohibited." The draft 2030 plan guides this area as commercial. A significant amount of discussion was undertaken by the Comp Plan Advisory Panel regarding this site due to the existing uses and its location as "Gate Way" into the city. The panel determined that the commercial designation was the preferred land use to accomplish redevelopment of the area. A zoning change to accommodate the proposed use is not supported by either the 2002 plan or the draft 2030 plan. Fire Suppression System Mr. Freimuth raised concerns regarding the city's fire suppression requirements. The building at 6931, based on the proposed occupancy, will need to be sprinkled. A system was installed, with the Bill's Rental occupancy, however it was never energized. It is 2 • unclear at this time whether that system is still in place. The city water system does not currently service the site. A fire suppression system would require either the extension of public utilities or an on -site well and storage system. Mr. Freimuth noted that these options did not make this site financially feasible for his purposes. He also stated that the fire suppression requirements were local requirements - not state required. The City has adopted Section 1306 of the State Building Code, which authorizes optional provisions for the installation of fire suppression systems. Section 1306 is more restrictive than the general sprinkler requirements under the State Building Code by lowering the threshold for sprinkler protection in new buildings and additions to existing buildings. Adoption of 1306 is a requirement of the Centennial Fire District Joint Powers Agreement (JPA). The JPA has been in effect since 1990 and the city has enforced the 1306, as amended, since that time. The purpose of 1306 was to control future fire loss. This is accomplished, in part, by placing the burden for fire protection on the developing property owners in the form of sprinkler systems as opposed to the taxpayer in the form of more firefighters, stations and vehicles /equipment. More significantly, it is an important life safety enhancement. Repealing Chapter 1306 would require amending the Centennial Fire District JPA and would effectively lower our development standards. Section 1306 does provide an exemption if the building does not have an adequate water supply and the building is surrounded by public ways or yards more than 60 feet wide on all sides. However, this property does not meet the 60 foot requirement. Jerry Streich, Centennial Fire Chief will be at the meeting to answer any question regarding Section 1306. Repeal or change in this requirement could have the impact of increasing fire protection costs across the community as well as a change in the city's fire insurance rating which may impact premiums. General Comments While both staff and council would like to see the site actively used, we need to balance that with the long -term goals of the city. For better or worse, the market is the main driver in this transition. Staff continues to seek potential redevelopment opportunities that will aid in the site redevelopment and ultimately result in a higher, more stable, long- term tax base for the city. Additionally, staff has identified other sites within the city's GI, General Industrial district that while still requiring a zoning amendment, would be more appropriate for his business. Unfortunately, those sites do not meet his current needs. Council Direction Council requires no action. The following questions should be considered if the council • wishes to pursue changes to accommodate Mr. Freimuth's proposal. 3 1. Does the City want to change the draft 2030 plan to guide this area for industrial use? 2. Does the City want to amend the zoning ordinance to allow Junk Yards as a permitted use within a zoning district? 3. If yes to No. 2, does the City want to allow Junk Yards in the LI, Light Industrial district? 4. Does the City want to amend the zoning ordinance to allow Exterior Storage on properties abutting land zoned for residential, rural or business use? 5. Does the City want to amend the Centennial Fire District JPA to eliminate the requirement to adopt Section 1306 of the State Building Code? Attachments 1. Planning and Zoning Board minutes. 4 • • • APPENDIX B APPROVED CITY OF LINO LAKES ECONOMIC DEVELOPMENT ADVISORY COMMITTEE MINUTES DATE: April 8, 2010 MEMBERS PRESENT: M. Keller, J. Stranik, J. Schwartz, B. Combs, B. Menke, K. Corson, L. Masonik, D. Johnson MEMBERS ABSENT: None OTHERS PRESENT: M. Divine, J. Smyser, D. Roeser APPROVAL OF MINUTES The Minutes of February 4, 2010 were approved. EDAC OFFICERS Ms. Keller moved to nominate Joe Stranik as chair. Mr. Corson seconded the motion. Motion approved unanimously. Ms. Keller moved to nominate Brian Menke as vice - chair. Mr. Stranik seconded the motion. Motion approved unanimously. LAKE DRIVE NONCONFORMING USES ISSUES City Planner Jeff Smyser led a discussion regarding planning and redevelopment of sites with nonconforming uses. He gave members background on the tools cities use to plan land uses within the city, including the Comprehensive Plan, which defines areas for broad land uses, road systems and infrastructure. Zoning and subdivision ordinances are examples of official controls designed to be more specific to implement the larger plan. Nonconforming uses and structures are those that do not conform to current zoning standards. Nonconforming could range from lot size to architectural standards. They are buildings and uses that are intended to be phased out. An existing nonconforming use or building may continue its use as long as it doesn't expand. If a use changes, the new use must conform. The goal is to ensure over time the site will conform to current standards. Mr. Smyser noted that the new draft Comprehensive Plan began with a citizen panel that visited numerous sites to determine what the sites should be planned for. Based on the conclusions, the new city's land use map was created. One site they visited was the catalyst for the discussion today —a number of properties on Lake Drive called Golden Rice Lake Terrace or the "Golden Triangle ". Mr. Roeser commented that the city council was working on things that maintained the integrity of the city while being pro business. He is looking for some time of phased plan for nonconforming uses on Lake Drive. He would rather that buildings didn't fall into disrepair until such time as redevelopment can occur. Mr. Corson mentioned revolving loan funds for blighted 1 areas, such as Ramsey's city fund where the landowner must contribute 50% of the cost of improvements to be eligible. The citizen panel noted that Lake Drive is a high visibility area and a gateway and concluded it should be designated as commercial. This site will be desirable eventually, but isn't now because utilities are a good distance from the site. It will take significant development to pay for utility extensions. The city charter also controls how utilities can get extended. Often development pays for utilities. Mr. Masonik asked if the developer has to pay even for those who hook up later. Mr. Smyser said that typically the developer pays for it, or the city provides assistance using TIF to mediate the cost, or it's possible that other properties along the route can agree to pay when they hook up, depending on whether they agree to such a plan. Ms. Schwartz said some cities have a policy that if anybody hooks up within a certain period, they pay a portion. Mr. Smyser said it is counter to the city's redevelopment policy goal if individual property owners make significant investments on their nonconforming sites. Businesses that invest in their properties and have success are likely to stay over long periods and the city can't make them leave. The particular site that brought up this discussion is currently paying about $3,000 in city taxes and the building value is expected to drop by a third in 2011. Further investment in the building will have minimal impact on the city's tax base. A property owner has a right to use the building for its existing use. If the use changes, as it will in this building because it's been empty, it must meet the current zoning ordinance and building codes. The city can change its ordinances if it chooses, but the city can't change building codes, including the adopted fire protection code. That part of the code, which is part of the Centennial Fire District's joint powers agreement, requires sprinklers in that size building. There's no city water to this site, so the owner could only put in an on -site sprinkler system, which is very expensive. Mr. Stranik asked if it were not for the charter, would the city be bringing utilities to the site to speculate on development? Mr. Smyser said many cities would do it. Mr. Roeser said the optimum solution is a developer who could bring utilities to the site, but asked what is the short term solution? How do we fix the current problem? Discussion included the following ideas and options: • Blaine assembles land and sells to developers. • Find funding sources that could allow the city to purchase blighted properties and hold until development occurs. • Find ways to bring utilities to the site. • Should the city change its policies /ordinances to allow interim uses in older buildings in the city? Changing ordinances affects other properties around the city as well. Could this have unintended consequences? • Buildings should be improved when the opportunity presents itself. • Citizen committees over the past several years have said we want quality redevelopment. Nonconforming sites and allowing interim uses is contrary to redevelopment. • • • • It's a combination of issues: the building must conform in use and meet the building code. • City of Ramsey has transitional zoning on Highway 10 so that substandard properties can't be over - improved. This is a safeguard and also everybody knows up front that the uses are restricted and interim. Allows redevelopment to occur that is financially feasible. • Put fences around the outside storage. • If they are successful with outside storage they are likely to stay, which puts off redevelopment. • Make the council aware of the tools available. • What are we saying to the building owner? If you buy a building, and the business fails, if you want to sell, you can't unless somebody comes in and pays for the entire sewer line. You've lost all your value. The city should allow continued use and possibly another use in the building. Otherwise it's unfair to the property owner to say you can't improve the property to make it saleable. • Conditional use permit to make sure that whatever goes in is of the best quality, and has some additional review. • Can't do any significant additions, but can do maintenance. • We want to shoot for commercial, just how do we get there? • Create an overlay of transitional commercial rather than a new zoning category to make for easier approvals. (Could include 49 Club and other properties on Lake Drive) • Is the city in the land and real estate business? Mr. Smyser reminded members that a use that is operating and is nonconforming, can continue. It's when the use moves out and another use wants to move in that is nonconforming. Mr. Roeser said some of these ideas are good, or potentially finding someone who would build a self storage area, which can be somewhat temporary. Ms. Schwartz wondered where the city was reviewing and updating the zoning ordinance in order to implement the draft comp plan, and could this issue be a part of that? Mr. Smyser said to date staff has focused on environmental ordinances, such as stormwater and greenways. Any amendments to the zoning ordinance will have to go through the boards. Mr. Roeser questioned whether there was government funding for wetland improvements. Staff was not aware of that. Funds are available for brownfield clean-up, but that takes an analysis of a site. Mr. Roeser stated that he hoped that EDAC felt they had more of an ear of the council. As an aside, he informed the board that in 2009 there were 204 houses sold in the city, including foreclosures, and the majority were two -story townhomes. Next meeting will be May 6, 2010 at 7 a.m. Meeting adjourned. 3 APPROVED CITY OF LINO LAKES ECONOMIC DEVELOPMENT ADVISORY COMMITTEE MINUTES DATE: May 6, 2010 MEMBERS PRESENT: M. Keller, J. Stranik, K. Corson, L. Masonik, D. Johnson MEMBERS ABSENT: J. Schwartz, B. Combs, B. Menke OTHERS PRESENT: M. Divine APPROVAL OF MINUTES The Minutes of April 8, 2010 were approved. EDAC LAISONS TO EDA Mr. Stranik noted that most cities have an EDA, which has specific economic development/bonding authority. In this city, the EDA comprises the City Council. In 2009, after discussions with the Council regarding enhancing communication with EDAC, it was concluded that EDAC should appoint up to two liaisons to EDA. These liaisons would attend EDA meetings to provide EDAC's point of view and keep lines of communication open. EDA meetings are not regular, and generally EDA meets at 6 p.m. before a regular Council meeting. Mr. Stranik suggested that EDAC not look so much at specific people, but at the roles, and that the chair and vice -chair be the liaisons. Ms. Keller moved to approve the chair and vice chair as liaisons for the one -year term. Mr. Corson seconded the motion. Motion approved unanimously. LAKE DRIVE NONCONFORMING USES ISSUES Mr. Stranik noted that Mr. Smyser's summary last month was helpful to zero in on this particular issue. He said he understood that the city would rather not see limited facelift development in these non - conforming areas, because it makes it more difficult to redevelop in the long term. The problem is getting sewer and water to the sites on Lake Drive. He agreed with Mr. Masonic's point that a developer has to bear the costs of bringing utilities to the site. Ms. Keller asked about the city of Ramsey's temporary uses ordinance. Ms. Divine passed around Ramsey's transition ordinance and pointed out that it is not much different from controls used by Lino Lakes. It limits expansion and intensification in areas of future highway development. Mr. Corson said another option would be that something be recorded with the county so owners know that it is a non - conforming use and the use can't be intensified. Mr. 1 Masonic said that in Roseville there was an issue about forcing people to hook up and pay, so the city paid the cost through bonds. EDAC was asked to look at whether the city should consider ways to extend the life of non- conforming uses so that vacant, non- conforming buildings can be resold and not further deteriorate. Or should EDAC be looking for ways to find solutions to enable redevelopment? Does the city charter make it more difficult to extend utilities, and does the charter need to be amended? Discussion of city charter ensued. Ms. Divine suggested that Mr. Grochala attend an EDAC meeting to explain the charter in more detail at a future meeting. Mr. Corson noted that long -term approach is better. Mr. Johnson noted that some of these Lake Drive sites have problems to enable development, including wetlands and very wide right -of- ways. Ms. Keller said there's nothing likely to happen soon, so she understands it would be better to have somebody in to get it fixed up, but once somebody gets in, they might be there a very long time. She said while it might be painful in the short term, long term redevelopment would be better. Mr. Masonic said Lino Lakes has wrestled with whether it wants development or not, and the charter was formed to make it more difficult to develop. He feels strongly the city can't trample on homeowner's feet. Properties should be able to be used if it doesn't affect others personal rights. He asked what other options are available to solve these kinds of problems. Ms. Divine noted that there are a variety of ways cities clean up properties to entice a developer, including purchasing them, but that requires financial commitment. Funding can be available to cities through EDA levies, commitments to revolving loan programs, and potential new grants /loans programs to stimulate the economy. Currently there is a state loan program to purchase blighted property, but the program is yet unfunded. Members agreed there is an issue, but felt that there was no action that EDAC needed to take at this time. Members discussed extending an invitation to a couple of representatives of the charter commission for a future meeting. JOBS BILL Ms. Divine informed EDAC of the recent legislative action, including a compact development district. In this district you don't have to meet the all the substandard criteria of redevelopment districts, but you need to build 3 times the square footage of what is currently within the district. You need a development prospect and the district can only be created within the next two years. Another new district is that a 10 -year economic development district can be created for any use, residential, commercial or industrial. It must be created within the next year. This district offers some possibility for east side improvements, using any new development that occurs. She noted that staff is working to get stakeholders on the east side together to discuss the potential. Angel tax credits are now available for small businesses, especially technology business, where investors in the business can now receive tax credits. SOCIAL MEDIA Mr. Stranik thought it was difficult to find staff names on the website, and he had to make about four clicks to get there. Ms. Divine said she has some of the economic development website improvements completed. She said the city website has certain limitations. She has met with the mayor and Mr. Roeser, and discussed Facebook and Twitter. She is seeking input from EDAC as to how it could best be used for economic development. Mr. Corson said a good website is more important to focus on, and things should be easy to find. Mr. Stranik suggested finding experts, where possibly initial consultations are free. Email blasts may make sense if a data base of developers or brokers was available. EDAC MEETING TIME Members discussed moving the meeting to 8 a.m. Mr. Stranik will email other members for their opinion. Next meeting will be June 3, 2010, time to be determined. Meeting adjourned. 3 • • • APPENDIX C Properties on Lake Drive and Hodgson Road that are Underserviced, Zoned, Guided or Used as Commercial or Industrial without Immediate Access to Infrastructure 911 Orange Street I Aerial Photograph Utilities: Private, 5,000 feet to nearest stub Redevelopment Issues: • Lack of utilities ❖ Insufficient setbacks • Insufficient on -site Parking ❖ Lack of ponding area ❖ Substandard lot ❖ No secondary septic field Zoning Map Non conforming use to Zoning /r 885 I I 90c 1 > 909 ordinance (listed as permitted 02 ! 906 ( P � 987 0 �. 8351 v i : ® ®~ +tsre+z.'xvreu•.. .. <'`/ 832:: i . o I p RURAL the zoning ordinance. (Use, parking, etc...) Y� 1 le 8322 ° 2030 Comp Plan — Future Land Use Non conforming use to Zoning 885 I rn 909 ordinance (listed as permitted the Future Land Use Plan. use in the General Business zoning district), however a Use may continue, unless it :a2 I 998. ceases for 12 months. Once MED. LOW I --. being met. Expansion would require updating the site and the zoning ordinance. (Use, parking, etc...) Y� 1 le 8322 ° MED. I L need to review the the building /site against the Existing Use: Light Manufacturing (Cabinet Shop) / Restaurant T Non conforming use to Zoning Use conforms to the zoning District, also inconsistent with ordinance (listed as permitted the Future Land Use Plan. use in the General Business zoning district), however a Use may continue, unless it number of development ceases for 12 months. Once standards are not currently non - conforming use expires, any new use must comply with being met. Expansion would require updating the site and the zoning ordinance. (Use, parking, etc...) building to today's standards. Additionally, any change in use Change of use would cause would cause need to review need to review the the building /site against the building/site against the current building/zoning codes. current building /zoning codes. Market Value and Annual Tax Information Land Value $36,700 Improvement Value $100,700 Annual Taxes $3,845 City Portion $1,457 Probability of Loss High Zoning: General Business Consistent with both the current and draft Comprehensive Plan Future Land Use Plan Is the intensity appropriate immediately surrounded by residential properties, or would a more limited business district be appropraite such as Neighborhood Business? Restaurants are permitted in all current business zoning districts. Light manufacturing is only permitted in industrial zoning districts. Guided: Commercial No change on this site from the previous Comprhensive Plan designation (Commercial). 911 Orange Street • 8351 Lake Drive A Aerial Photograph uTILITIES: Private, 5,000 feet to nea Redevelopment Issues: • Lack of utilities • Insufficient setbacks • Insufficent on -site parking • Lack of ponding area • Substandard lot • No secondary septic field Zoning Map Land Value 885 ! 909 $103,600 a,: t e« 9 e 2 i 906 98Z : 906 8351 N W CC o Q 0 ...1 s:r: t 8322 2030 Comp Plan — Future Land Use Land Value 885 t � 909 $103,600 'u2 $4,380 906 i #k. 987 0 a j 1 I ; I :/ 8322 1. N O I Low Existing Use: Sand Blasting / Powder Coating Non conforming use to the zoning district (General Business), also inconsistent with the draft future land use plan. Use may continue, unless it ceases for 12 months. Once non- conforming use expires, any new use must comply with the zoning ordiannce. (Use, parking, etc...). Additionally any change in use would cause need to review the building /site against the current building and zoning code. Market Value and Annual Tax Information Land Value $51,100 Improvement Value $103,600 Annual Taxes $4,380 City Portion $1,621 Probability of Loss Low Consistent with both the current and draft Comprehensive Plan Future Land Use Plan. Is the intensity appropriate immediately surrounded by residential properties, or would a more limited business district be appropraite such as Neighborhood Business? Sand Blasting /Powder Coating (light manufacturing) is only permitted in industrial zoning districts. Guided: Commercial No change on this site from the previous comprehensive plan designation (Commercial). 8351 Lake Drive A • 83 51 Lake Drive B Aerial Photograph Land Value ass 1 sos El.t' r.,. • r Improvement Value $74,200 I n e SI f ` yet 8pte iSt ij 1 !, a 6s2i` } f High Utilities: 5,000 feet to nearest pipe Redevelopment Issues: • Insufficient setbacks • Architectural deficiencies • ROW needed • Insufficient land • No existing drain field Zoning Map Land Value ass 1 sos El.t' r.,. • r Improvement Value $74,200 Q2 906 J 987 Y. c psi 8351 0 8351' ^s' cr, co _ �'•. 8322 $1,652 Probability of Loss 2030 Comp Plan - Future Land Use L_I 1 Existing Use: Building Vacant, site used for overflow parking There is no use currently operating on the site, and any non- conforming use has been gone for over 12 months, so the site must be developed to todays standards. Market Value and Annual Tax Information Land Value $55,400 Improvement Value $74,200 Annual Taxes $4,464 City Portion $1,652 Probability of Loss High Zoning: Rural Zoning is consistent with the 2003 Comp Plan, and will remain consistent if the site is changed to Commercial with the 2030 Comp Plan, as porposed. The city may need to entertain a new zoning district for properties guided commercial that already have a commercial building on site, such as this one. Guided: Commercial Proposed change from Low Density Sewered Residential to Commmrcial with the 2030 Comp Plan draft. 8351 Lake Drive B • 8121 Lake Drive Aerial Photograph Utilities: 2,400 feet to nearest pipe Redevelopment Issues: • None Zoning Map 2030 Comp Plan — Future Land Use Existing Use: Auto Repair Garage Use is conforming to the Light Industrial zoning district 2030 Comp Plan draft would change the site to Medium Density Residential, which means a new zoning district would be appropriate and this use would be made non - conforming. Market Value and Annual Tax Information 7 Land Value $190,000 Improvement Value $196,000 Annual Taxes $9,530 City Portion $3,526 Probability of Loss Low Zoning: Light Industrial This zoning is inconsistent with the 2003 Comp Plan and with the draft 2030 Comp Plan, and will need to be changed after the comp plan update is adopted. Guided: Medium Density Residential Proposed change from Low Density Sewered Residential to Medium Density Residentil with the 2030 Comp Plan draft. "rr 1441 I 8121 Lake Drive • • 8174 Lake Drive Aerial Photograph Utilities: 2,400 feet to nearest pipe Redevelopment issues are minimal 2030 Comp Plan — Future Land Use Existing Use: Garden Center Garden centers are allowed in the Rural zoning district and is a use that does not hinder the eventual use of the site for Medium Density Residential long term. Market Value and Annual Tax Information Land Value $461,800 Improvement Value $278,900 Annual Taxes $5,070 City Portion $1,876 Probability of Loss Low Zoning: General Business / Rural With the 2030 Comp Plan update, the site would be guided entirely for Medium Density Residential development, and as such the General Business portion of the site should be rezoned to something consistent with that goal. The Garden Center would still be conforming with the zoning code,as they are allowed in Rural zoning districts. Guided: Medium Density Residential Though guided in the short term for Urban Reserve (post 2030 development), the site is intended for Medium Density Residential in the long term. 8174 Lake Drive • 0 790 Lois Lane Aerial Photograph Utilities: 600 feet to pipe Redevelopment Issues: • Insufficient setbacks • Architectural deficiencies 2030 Comp Plan — Future Land Use Land Value $76,300 Improvement Value $57,600 / $3,438 City Portion 4 / Probability of Loss High tttyyy , t Existing Use: Vacant (formerly Bodyworks Gym) Site has been empty for over 12 months, and therefore any use that occupies the site must meet today's standards. Market Value and Annual Tax Information Land Value $76,300 Improvement Value $57,600 Annual Taxes $3,438 City Portion $1,272 Probability of Loss High Is consistent with the 2030 Comp Plan, which will guide the site Commercial. Guided: Commercial Proposed change from Public /Semi - Public to Commercial with the 2030 Comp Plan draft. 790 Lois Lane i • • Aerial Photograph 7411 Lake Drive Utilities: 750 feet to nearest pipe Redevelopment Issues: • ROW needed • Insufficient setbacks • Below minimum lot size • Architectural deficiencies 2030 Comp Plan — Future Land Use Existing Use: Office / Manufacturing Some office is allowed within the Light Industrial zoning district, and is consistent with the Industrial designation in the Comp Plan. Manufacturing is a permitted use within the Light Industrial zoning district, and is consistent with the Industrial designation in the Comp Plan. Market Value and Annual Tax Information Land Value $112,800 Improvement Value $84,600 Annual Taxes $2,942 City Portion $1,089 Probability of Loss High Zoning: Light Industrial Consistent with the current and draft Comprehensive Plan No change from the previous Comp Plan currently proposed by the 2030 update. 7411 Lake Drive • 0 • 7395 Lake Drive Aerial Photograph Utilities: 525 feet to nearest pipe Redevelopment Issues: • Minimal lot size • ROW needed? • Architectural Deficiencies Zoning Map Land Value $57,900 i r% t 4rIW seo _....... w _` sac $60,800 ., R:1 $3,391 7594 All Probability of Loss 2030 Comp Plan — Future Land Use Existing Use: Office Office is a permitted use within the Light Industrial zoning district and is consistent with the Industrial designation in both the current and draft comprehensive plans. Market Value and Annual Tax Information Land Value $57,900 Improvement Value $60,800 Annual Taxes $3,391 City Portion $1,255 Probability of Loss Low Zoning: Light Industrial Zoning is consistent with the Comp Plan as existing and proposed. Designation remains industrial with the draft 2030 Comp Plan 7395 Lake Drive • 7337 Lake Drive Aeria! Photograph Utilities: 700 feet to nearest pipe Redevelopment Issues: • Architectural Deficiencies • Parkign standards • Outdoor Storage prohibition 2030 Comp Plan — Future Land Use Land Value $256,500 Improvement Value $126,300 1""r $12,826 City Porition $4,746 I / °4.Anillimi■ Low st yJ -,_ 1 x ..„ r,> • Existing Use: Manufacturing / Contractor's Shop Use is permitted within the Light Industrial zoning district and is consistent with the Industrial designation included in both the current and draft Comprehensive Plans. Market Value and Annual Tax Information Land Value $256,500 Improvement Value $126,300 Annual Taxes $12,826 City Porition $4,746 Probability of Loss Low Zoning: Light Industrial Light Industrial is consistent with the comprehensive plan designation Industrial, which is how this site is guided by both the current and draft Comprhensive Plans. Guided: Industrial No change from the previous Comp Plan, with the site remaining Industrial under the 2030 draft document. 7337 Lake Drive 2030 Comp Plan — Future Land Use ij I L Improvement Value $283,300 {{ /j-iIi City Portion �• Probability of Loss Low P': r', Market Value and Annual Tax Information Land Value $142,300 Improvement Value $283,300 Annual Taxes _ $15,194 City Portion $5,622 Probability of Loss Low 7317 Lake Drive • • 6943 Lake Drive Aerial Photograph Land Value fi. a �..� , '` '' 1h� \�' N '{t. \ � Annual Taxes 4ey I ` ©\ y • ✓f 6 s 1. '�� _ ,� Utilities: 1,330 feet to nearest pipe Redevelopment Issues: • Outdoor Storage Prohibited • Architectural deficiencies • Lake Drive reconstruction Zoning Map Land Value $133,100 Improvement Value $91,300 Annual Taxes i a i • Low 2030 Comp Plan — Future Land Use Existing Use: Contractor's Shop / Manufacturing This use is considered a permitted use in the Light Industrial zoning district. The use is inconsistent with the Commercial designation of the draft Comprehensive Plan. Market Value and Annual Tax Information Land Value $133,100 Improvement Value $91,300 Annual Taxes $8,400 City Portion $3,108 Probabilitiy of Loss Low Zoning: Light Industrial This zoning would be inconsistent with the draft 2030 Comp Plan designation of Commercial for the site. A rezoning would be appropriate if /when the 2030 Comp Plan is adopted. Guided: Commercial The site had previously been guided for Performance Land USF, which generally allowed any zoning district if compatible with the sea plane base and surrounding residences. 6943 Lake Drive • • 6941 Lake Drive Aerial Photograph Utilities: 1,550 feet to nearest pipe Redevelopment Issues: • Architectural deficiencies • Minimal buildable area • Lake Drive reconstruction? Zoning Map Land Value .v II Improvement Value 1,0 Annual Taxes t N \ \ . 110 ►.#`m - !-�b `8 Probability of Loss 2030 Comp Plan — Future Land Use Existing Use: Veterinary Hospital Use can be approved in the Light Industrial zoning district with a Conditional Use Permit. The draft 2030 Comp Plan designation of Commercial may be consistent with the use, as it can also be allowed by Conditional Use Permit in the General Business zoning district. Market Value and Annual Tax Information Land Value $72,200 Improvement Value $137,700 Annual Taxes $2,924 City Portion $1,082 Probability of Loss Low Zoning: Light Industrial This district would be inconsistent with the draft 2030 Comp Plan designation of Commercial. Guided: Commercial Would be a change form the current designation of Performance Land Use, which allows any zoning district if compatible with the surrounding area. 6941 Lake Drive • y 6935 Lake Drive Aerial Photograph Utilities: 1,230 feet to nearest pipe Redevelopment Issues: • Architectural deficiencies • Lake Drive reconstruction? Zoning Map Auto Repair Garage is listed as a � a permissible use in the Light Q 0 Zoning district, h J1 3 rn Probability of Loss The use may also be consistent 2030 Comp Plan — Future Land Use Auto Repair Garage is listed as LJ a permissible use in the Light Q 0 rf, Ni.b, Zoning district, h J1 g Probability of Loss Junk Yards are also inconsistent The use may also be consistent Existing Use: Auto Repair Garage / Junk Yard Auto Repair Garage is listed as Junk Yards are not allowed a permissible use in the Light within the Light industrial Industrial zoning district with a Zoning district, Conditional Use Permit. $3,141 Probability of Loss Junk Yards are also inconsistent The use may also be consistent with the Commercial with the draft 2030 Comp Plan designation in the 2030 Comp designation of Commercial, as the use can be allowed with a Plan draft, Conditional Use Permit in the General Business zoning district. Market Value and Annual Tax Information Land Value $157,900 Improvement Value $101,000 Annual Taxes $8,490 City Portion $3,141 Probability of Loss Low Zoning: Light Industrial This zoning is inconsistent with the draft 2030 Com Plan designation of Commercial. Guided: Commercial This is a change from the existing Comp Pland designation on the site of 'Performance Land Use which allowed any zoning district based on the compatibility with the surrounding neighborhood. 6935 Lake Drive • 6933 Lake Drive Aerial Photograph Utilities: 1,030 feet to neares Redevelopment Issues: • Architectural Deficiencies • Lake Drive Reconstruction? pipe 2030 Comp Plan — Future Land Use Land Value $72,200 Improvement Value $63,900 l $2,793 `,tae $663 Probability of Loss Low Existing Use: Contractor's Shop / Manufacturing Both uses are considered permitted uses within the Light Industrial zoning district, and are consistent with the existing and draft comprehensive plan designations. Market Value and Annual Tax Information Land Value $72,200 Improvement Value $63,900 Annual Taxes $2,793 City Portion $663 Probability of Loss Low Light Industrial will be inconsistent with the 2030 Comp Plan draft, which will designate the site for Commercial development. The site should be rezoned when the 2030 Comp Plan draft is adopted. Guided: Commercial Proposed change from 'Performance Land Use to Commercial is included in the 2030 Comp Plan draft. 6933 Lake Drive 6931 Lake Drive Aerial Photograph Land Value I0}jt` 2 Improvement Value $8,700 ( "cam �. , / .•. �. t High c 1 - 1 ti�� r f,55.....-- -. Utilities: 1,030 feet to nearest pipe Redevelopment Issues: • Architectural deficiencies • Lake Drive reconstruction 2030 Comp Plan — Future Land Use Land Value I0}jt` 2 Improvement Value $8,700 NM I e City Portion $5,431 Existing Use: Vacant (formerly Bill's Rental) The previous use has been out of the building for over 12 months, which means any use established on this site must meet today's requirements of the zoning ordinance. This would mean a full upgrade to the site improvemensts (parking, loading, ponding, etc...), and a use that is appropriate for the zoning district (currently Light Industrial). Market Value and Annual Tax Information Land Value $293,400 Improvement Value $8,700 Annual Taxes $14,697 City Portion $5,431 Probability of Loss High Zoning: Light Industrial The current zoning would be inconsistent with the 2030 Comp Plan draft designation for the site of Commercial. The zoning would need to be contemplated once the 2030 Comp Plan is adopted. Guided: Commercial Change from `Performance Land Use' is included in the 2030 Comp Plan draft. 6931 Lake Drive • 6000 Hodgson Road Aerial Photograph $199,500 Improvement Value $15,800 ' ; jt $4,500 City Portion $1,665 Probability of Loss Utilities: private, xxx to water, xxx to sewer Redevelopment issues: • Insufficent setbacks • ROW needs for County Road J • Architectural Deficiencies • • Zoning Map 2030 Comp Plan — Future Land Use Existing Use: Automobile Sale Lot The existing use is allowable in the General Business zoning district with the approval of a Conditional Use Permit, therefore the use is considered to be conforming. Market Value and Annual Tax Information Land Value $199,500 Improvement Value $15,800 Annual Taxes $4,500 City Portion $1,665 Probability of Loss Low Zoning: General Business General Business is consistent with the future land use plan designation (Mixed Use). After the comprehensive plan is adopted, the city will need to develop a zoning district for mixed use comp plan properties. Guided: Mixed Use No change from the current comprehensive plan's future land use plan. Aerial Photograph 6007 Hodgson Road Utilities: city sewer, xxx to nearest water stub Redevelopment issues: • Large ROW needed for Hodgson 2030 Comp Plan — Future Land Use Land Value I. y PA A $217,900 Annual Taxes to viii , 1 City Portion $8,806 Probability of Loss ILl- • Existing Use: Vacant (formerly restaurant /bar) Use has been ceased for over 12 months time, so any use that occupies the site will need to meet the requirements of the zoning ordinance for both use and development standards (parking, ponding, landscaping, use, etc...). Two vacant lots under same ownership to the west, as shown on page two. Market Value and Annual Tax Information Land Value $512,300 Improvement Value $217,900 Annual Taxes $23,801 City Portion $8,806 Probability of Loss High Zoning: General Business General Business is consistent with the future land use plan designation (Mixed Use). After the comprehensive plan is adopted, the city will need to develop a zoning district for mixed use comp plan properties. Guided: Mixed Use No change from the current comprehensive plan's future land use plan. 6007 Hodgson Road • 6011 Hodgson Road Aerial Photograph Utilities: city sewer, xxx to nearest wate Redevelopment issues: • Insufficient setbacks • Architectural deficiencies • Large ROW needed for Hodgson stub Zoning Map 2030 Comp Plan — Future Land Use Land Value $49,600 00. 0 $154,000 Annual Taxes $6,324 City Portion $2,340 Probability of Loss Low 1= • Existing Use: Insurance Office Conforming use to zoning district and draft future land use plan designation. If use ceases for 12 months, the site must be upgraded and the use must conform with the requirements of the current zoning ordinance. (parking, ponding, use, etc...). Market Value and Annual Tax Information Land Value $49,600 Improvement Value $154,000 Annual Taxes $6,324 City Portion $2,340 Probability of Loss Low Zoning: General Business General Business is consistent with the future land use plan designation (Mixed Use). After the comprehensive plan is adopted, the city will need to develop a zoning district for mixed use comp plan properties. Guided: Mixed Use No change from the current comprehensive plan's future land use plan. 6011 Hodgson Road • 6013 Hodgson Road 4 Aerial Photograph Utilities: city sewer, xxx to nearest water stub Redevelopment issues: • Insufficient setbacks • Architectural deficiencies • Large ROW needed for Hodgson 2030 Comp Plan — Future Land Use Existing Use: Liquor Store (currently vacant) / Residential Unit Existing use is conforming to Existing use is non conforming the zoning district, and is to the zoning district, but is consistent with the draft consistent with the draft future land use plan future land use plan designation. designation. If use ceases for 12 months, the site must be upgraded and A mixed use zoning district the use must conform with the should include residential requirements of the current allowances to make this use zoning ordinance. (parking, ponding, use, etc...). conforming. Market Value and Annual Tax Information Land Value $79,500 Improvement Value $143,600 Annual Taxes $7,711 City Portion $2,853 Probability of Loss High Zoning: General Business General Business is consistent with the future land use plan designation (Mixed Use). After the comprehensive plan is adopted, the city will need to develop a zoning district for mixed use comp plan properties. Guided: Mixed Use No change from the current comprehensive plan's future land use plan. 6013 Hodgson Road 11 ' 1 / • Aerial Photograph 6034 Hodgson Road Utilities: private, xxx to water, xxx to sewer Redevelopment issues: • insufficent setbacks • ROW needs for County Road J • Architectural Deficiencies Zoning Map Land Value $354,200 Improvement Value t%. Annual Taxes $12,962 City Portion A, [ k Low 1111' M. i4 { . � E .� P 2030 Comp Plan — Future Land Use Land Value $354,200 Improvement Value $3,100 Annual Taxes $12,962 City Portion A, [ k Low M. i4 { . � E .� P � Existing Use: Auto Sales Lot The existing use is allowable in the General Business zoning district with the approval of a Conditional Use Permit, therefore the use is considered to be conforming. Market Value and Annual Tax Information Land Value $354,200 Improvement Value $3,100 Annual Taxes $12,962 City Portion $4,796 Probability of Loss Low Zoning: General Business General Business is consistent with the future land use plan designation (Mixed Use). After the comprehensive plan is adopted, the city will need to develop a zoning district for mixed use comp plan properties. Guided: Mixed Use No change from the current comprehensive plan's future land use plan. 6034 Hodgson Road • • 6064 & 6074 Hodgson Road Aerial Photograph Utilities: private Redevelopment issues: • lnsufficent setbacks • ROW needs for County Road 1 • Architectural Deficiencies 2030 Comp Plan — Future Land Use Existing Use: Garden Center / Residential Garden Center use could be considered conforming as an 'outdoor sales lot', which is allowed with a conditional use permit in the General Business zoning district. Residential use conforms to the Rural zoning district and is consistent with the Medium Density Residential land use designation. Market Value and Annual Tax Information Land Value $365,700 Improvement Value $247,400 Annual Taxes $11,300 City Portion $4,181 Probability of Loss Low West Half: General Business East Half: Rural General Business is Rural is consistint with the consistent with the future future land use plan land use plan designation designation (Medium (Mixed Use). Density Residential). After the comprehensive Upon development an plan is adopted, the city will approriate residential zoning need to develop a zoning district for mixed use properties. district should be selected. West Half: Mixed Use East Half: Medium Density No change from the current comprehensive plan's future land use plan. No change from the current comprehensive plan's future land use plan. 6064 & 6074 Hodgson Road • • • ATTACHMENT D Market Value and Annual Tax ()ion C/I Properties Lacking Infrastructure a) t a 0 a a) co -• c 0 0 O (0 =o o O C O_ 0 a 0 X • O r CO O N O ti N O M O M V' U) CO r (0 U) O 00 co V r ▪ N U) (- I- N- co (O OD V t` N co N (0 (O ,t U) 00 r- co (O (0 r CO NT r r M U) 0) V r (0 U) O) tY N O CO ct T O) (C M M M V N 4M N M M U) 10 10 - (0 ( 0 10 10 M M U) U) U) M 00 ti N N U) O M I- M U0 (- U) N • r r r r O • O O '- T- I- 0) M O O N U) N 0) CA N-- c c c U U U co > > > > 0) 0) 0) 3 Q_) 3 3 0)0) 3 3 3 3 3 3 3 0) 3 0) 3 _0) _= J 2 J J== J J J J J J .13 2 J= J 2 J J U) U) O O M O U) O r I,- M O U) C)) CO 00 O 0) V' M (O O N N V' O U) O M O 00 (O r 0p Op r- h V O M 0 CO O Nt 0 00 (� M U) d' Imo- r 00 U) N V U) 10 II) CO O) (- I- 00 O) (0 M (0 (0 O • r �- V- (0 r r r r U) (p M N 00 N N U) N N U) r 10 (o Value $ Annua ✓ r r r V- c O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 • 000000000000000000000000 W 00 r V O (O N U) I` (O N- r M O O O) O) I- 0 d- O) V' (O N 1- p N 00 00 co- M 1� ,- O V O M O O L1 O O 00 co- , r- N N O 0) N O) N- O 00 U) U) 00 U) N N- 00 N. O (O r r (0 (O 1n a r r r N r N .-.T- N r r 10 E N Land Value $ O 0 00 O O O O O O O O O O O O O O O O O O O O M O O M O O O O O O O O O O O O O O O O O O O O M N O N N h OD ti OD O N M N CO N- N M •tt O r V U) (O M (O (O 6(6,-- U) U) U) `7 00 U) U) M V N N T N- I"- 00 (O t r- co 00 O) r CT r N r r r r r r M r 0) N < m WW** a) 0) 0) a) a) a) C 0 Y Y Y I1) a (d M M (0 (0 C� J N G O O r r r O OD 0p r U) U) N 0 00V-00M r • 0 0 0 O M M V-- N co V U) (0 7 8174 Lake 10 7395 Lake 11 7337 Lake 12 7317 Lake 13 6943 Lake 0) (0 J O O 15 6935 Lake 16 6933 Lake 17 6931 Lake O 0 0 0 0 0 0 0) 0) 0) 0) 0) 0) 0)0)0)0)0)0) O 0 0 0 0 0 2222=2 .. O I- r M V V l4 O O r r M (O 0 +' 0 0 0 0 0 0 (0(000(001- 0)0) O r N M r N N N N 908 Orange Street 908 Orange Street Aerial Photograph uTILITIES: Private, 5,000 feet to nearest stub Redevelopment Issues: • Lack of utilities • Insufficient setbacks • Insufficent on -site parking • Lack of ponding area • Substandard lot • No secondary septic field Zoning Map 2030 Comp Plan — Future Land Use ling / Auto Repair Facility Dwelling conforms with Rural I zoning district and the draft Occupation', automobile future and use plan. repair was not specifically listed as prohibited until 2010. 885 This use was in operation prior 909 to this ordinance amendment redevelop the site, and is therefore allowable, as long as all other conditions of the previous ordinance are still met, °neSt. '02 908 987 P .:. 1i Vi ° t y IfI 8322 I Existing Use: Single Family Dwe ling / Auto Repair Facility Dwelling conforms with Rural Operating as a 'Home zoning district and the draft Occupation', automobile future and use plan. repair was not specifically listed as prohibited until 2010. Residential use may continue This use was in operation prior until owner chooses to to this ordinance amendment redevelop the site, and is therefore allowable, as long as all other conditions of the previous ordinance are still met, Market Value and Annual Tax Information Land Value $56,000 Improvement Value $134,600 Annual Taxes $3,172 City Portion $1,202 Probability of Loss Low Zoning: Rural Since rural in considered a 'holding' zone, it is consistent with the draft future land use plan. Since the site is in the Urban Reserve, rezoning it to a `Urban Reserve - Commercial' type of zoning district would be appropriate. Guided: Commercial Proposed change from Low Density Sewered Residential to Commercial. However, this site is within the Urban Reserve area of the city. • • • 908 Maple Street 908 Maple Street Aerial Photograph Utilities: 5,000 feet to neares Redevelopment Issues: • Insufficent setbacks • Architectural deficiencies • ROW needed • Insufficent land for future onsite utils pipe Zoning Map Land Value $56,200 Improvement Value o 909 $1,726 ass I 1 905. Probability of Loss High 02 �a 906 n 02 906 , g � r� 1 987 ' ' ' .7 R 12rn rn 8351 1?' 8322 ,'s� == - -:- t o 2030 Comp Plan — Future Land Use Land Value $56,200 Improvement Value o 909 $1,726 City Portion $654 Probability of Loss High 02 �a 906 � r� 1 v , 987 0 l S .' 1 t 8322 ro t o Existing Use: Auto Repair Garage A conditional use permit was approved to allow the constructs of a pole shed, and eventually that pole shed was allowed to b used for commercial purposes. The auto - repair garage has now been operating there for a number of years. The use is non - conforming with the existing zoning and is inconsistent with the 2003 Comp Plan. The 2030 Comp Plan draft will change the site to commercial which will make the use consistent with the Comp Plan (if adopted) Market Value and Annual Tax Information Land Value $56,200 Improvement Value $92,800 Annual Taxes $1,726 City Portion $654 Probability of Loss High Zoning: Rural Consistent with the 2003 Comp Plan (LDSR), but inconsistent with the 2030 Comp Plan designation which is currently planned to be Commercial. A rezoning would be appropriate if the 2030 Comp Plan is adopted, but the rezoning will raise the question of what level of business district is appropriate in such close proximity to the residential neighborhood. Likely staff would recommend a less intense business district, and therefore the auto repair use will likely remain non- conforming. Guided: Commercial Proposed change from Low Density Sewered Residential to Commercial with the 2030 Comp Plan draft. WS — Item 7 WORK SESSION STAFF REPORT Work Session Item 7 Date: Council Work Session, May 2, 2011 To: City Council From: Michael Grochala Re: On- Street Parking Regulations Background The City recently received a resident complaint regarding the overnight parking of construction vehicles on public streets by residential property owners. The complaint also raised concerns about exterior storage of construction equipment on residential properties. These complaints are not related to parking or storage of equipment being used for on -site improvements. Rather the complaint is with property owners who store or park their business equipment within residential neighborhoods. Analysis Section 802 of the City Code establishes requirements for on- street parking. The City's winter parking restrictions, found in Section 802.06 of the code, are the only requirements that limit parking on city streets. These requirements are only applicable from November to April and limit on- street parking between the hours of 2:00 a.m. and 6:00 a.m. The City Zoning Ordinance regulates the parking of vehicles on rural or residential property. The ordinance prohibits parking vehicles exceeding 11,075 pounds on a residential property unless an administrative permit has been issued complying with certain conditions. No requirements are established specifically for construction vehicles. Nor do the zoning requirements regulate on- street parking. The Zoning Ordinance does require that all personal property in a residential zoning district be stored within a building or fully screened so as not to be visible for adjoining properties and public streets with exceptions. Construction equipment, not being currently used on the premises must be kept indoors or be screened from view. Council Direction Does the Council want to consider establishment of on- street parking restrictions? Attachments 1. Zoning Ordinance excerpts 1 SECTION 3. GENERAL PROVISIONS Subd. 4. General Building and Use Provisions. P Exterior Storage. 1. Rural and Residential Zoning Districts. a. Exceptions. All personal property in a rural or residential zoning district and /or on properties ten (10) acres in size or less shall be stored within a building or fully screened so as not to be visible from adjoining properties and public streets, except for the following: 1) Laundry drying. 2) Non - vehicular recreational equipment. 3) Home heating fuel tanks. 4) Stacked firewood. 5) Construction and landscaping materials or equipment currently (within a period of twelve (12) months) being used on the premises. 6) Agricultural equipment and materials, if these are used or intended for use on the premises. 7) Off - street parking of licensed passenger automobiles and pick up trucks in designated driveway or parking area, surfaced in compliance with Section 3, Subd. 5.C.8.1 of this Ordinance. 8) Licensed motor vehicles per Sec. 3 Subd. 5.K. 9) Refuse and Recyclable Materials per Sec 3. Subd 4.E. SECTION 3. GENERAL PROVISIONS Subd. 5. Off - Street Parking. K. Motor Vehicle Parking in Residential and Rural Zoning Districts. 1. Passenger motor vehicles, including cars, pickup trucks, vans, and motorcycles may be parked on a residential or rural property provided that: a. They are parked on an appropriate surface. Appropriate surface shall include asphalt, concrete, pavers, and environmentally conscious materials when approved by the city engineer. On properties over one acre in size, appropriate surface may also include rock or stone, when approved by the city engineer. b. They are operable and appropriately licensed at all times they are parked outside of an accessory structure. c. They are setback a minimum of five feet from side and rear property lines, except in cases where a shared driveway has been approved by the city engineer. d When parked in the front yard or corner side yard of a property, they are parked on a designated driveway or parking area. 2. Recreational Vehicles and Trailers, as defined by Section 1, Subdivision 2 of this Ordinance may be parked or stored on a residential site provided that: a. The vehicles are registered to or rented by a resident of the dwelling on such site, provided that: 1. The vehicles have affixed thereto current registration or license plates as required by law. 2. The vehicles are stored no closer than five (5) feet from side and rear lot lines. 3. The vehicles located within front yard areas are confined to designated driveways or parking areas surfaced in compliance with Section 3 Subdivision K.1.a. b. All front yard storage comply with the following setbacks from street curb and pavement lines: Street Classification Minimum setback from curb /pavement line Major Arterial 30 feet Minor Arterial 30 feet Collector 20 feet Local 15 feet c. No vehicle shall be parked in a manner that blocks a city or county park or trail. d. The vehicles are not connected to any water or sewage disposal system on the residential property where the same is so parked or stored. e. A recreational vehicle or trailer shall not be utilized for storage of goods, materials or equipment other than those items considered to be part of the unit or essential for its immediate use. f No Recreational Vehicle may be used as a living quarters while stored /parked on a residential property. 3. Motor Vehicles exceeding a gross weight rating of 11,075 pounds. a. No motor vehicle (except those meeting the definition of a Recreational Vehicle) exceeding a gross weight rating of eleven thousand seventy -five (11,075) pounds shall be parked or stored, indoors or outdoors, in a residential zoning district or on a lot of less than two and one -half (2 1/2) acres in a rural zoning district, except when loading, unloading, or rendering a service unless an administrative permit that complies with the following requirements is obtained from the Community Development Department. 1. The vehicle shall not be parked or stored for more than seventy -two (72) hours within a seven (7) day period excluding legal holidays. 2. The vehicle shall be parked or stored behind the front of the dwelling. 3. No more than one permit shall be granted per residence. 4. Neither the truck engine nor any other motorized component shall be left running while the vehicle is parked or stored. 5. There shall be a minimum of one hundred fifty (150) feet from the vehicle to the nearest lot line. 6. The vehicle and trailer shall remain connected. 7. All parking permits shall be reviewed and renewed on 1 July of each year at a fee established by the City Council. If at any time the conditions or requirements of permit approval are violated, the permit may be revoked. b. On Tots 2 1/2 acres to 10 acres in rural zoning districts, no more than two (2) commercial motor vehicle exceeding a gross weight rating of eleven thousand seventy -five (11,075) pounds shall be parked or stored, indoors or outdoors. Vehicles parked or stored shall meet the following requirements: 1. Neither the truck engine nor any other motorized component shall be left running while the vehicle is parked or stored. 2. There shall be a minimum of one hundred fifty (150) feet from the vehicle to the nearest lot line. 3. The vehicle and trailer shall remain connected. WS — Item 8 WORK SESSION STAFF REPORT Work Session Item 8 Date: May 2, 2011 To: City Council From: Dan Tesch, Director of Administration Re: Anoka County Broadband Fiber Project Below is a summary of the information you requested regarding the proposed Anoka County Fiber Project. Current Possible Future Provider Provider Comcast Anoka County /ZAYO Cost $70 /mo. ($35 /mo. for each site -- city hall and public works facility) $150.00 /mo. for 100 mbps. ($75 for each site) Potential Future Costs Monthly interne( fees likely will increase at the end of the Franchise Replacement of ZAYO equipment at the co- location site after August 17, 2017. Potential Future Revenues n/a $250 /mo. for installation of first equipment device to service commercial customers and $100 /mo. for each additional device Comcast Cable Franchise Agreement Expires 2017 — current franchise only covers cable TV (video service) Will be renegotiated in 2017 Bandwidth 10 mbps 100 mbps @ $75 /mo. 1 gbps @ $400 /mo. Benefits of High Speed Fiber n/a Data sharing & collection, shared services with other agencies, fastest & most reliable service, redundancy, secure I -Net connection between city hall and public works Economic Development n/a The development of a countywide broadband network will provide businesses a high -speed broadband network Internet Service Provider XO Communications through Metro I -Net ISP would not change WS — Item 9 Date: To: WORK SESSION STAFF REPORT Work Session Item #9 May 2, 2011 City Council From: Jean Viger, Deputy Clerk/Election Liaison Julie Bartell, City Clerk Re: Website Policy Background As a way of providing information to voters during the entire voting period (including absentee), it has been suggested that the city include candidate information on the city website. City staff has researched how other cities provide information on their city website during elections. Some cities list the candidate's name and a link to the candidate's website. Others list the candidate's name, address, phone number, email address and website address. Examples from the cities of Brooklyn Park and Faribault are attached. To provide information to voters, the City of Lino Lakes could chose to post candidate information. This resource would allow a voter to contact a candidate by following a link, emailing or logging on to the candidate's website. Additionally, the city could post a notice of scheduled candidate forums. There should also be a disclaimer stating that the City website does not endorse any candidate and is not responsible for the content of any linked site. Requested Council Direction Discussion and direction on the implementation of the proposed additions to the city website. Attachments The City of Brooklyn Park and City of Faribault Election Information page Election Information Home Fmnlovment Contact U1 Volunteer PARK Search this WO: :;i'e for: en:eryouur_ search;;,,.,. /tome Paoe > Departments > Administration > city Clerk > Election Information ® Meet the Candidates Event - April 26 O Mayoral Candidate Video 0Accessible Voting Machines O Candidate Sion Complaints O Election Archives a Voting Information 0 Where do I vote? Election Information Wednesday, April 27, 2011 Page 1 of 2 SCHEDULED CANDIDATE FORUMS: - Brooklyn Park Mayoral Youth Forum hosted by The Youth of Village Child & ASSA Inc. POC: Mary Anderson 612- 275 -0877 Tuesday, April 12, 2011 7 -9 PM Brooklyn Park Evangelical Free Church 7849 West Broadway Brooklyn Park, MN 55445 - Brooklyn Park Candidate Forum hosted by the League of Women Voters & North Hennepin Area Chamber of Commerce. POC: Joe Piket 612 - 600 -2356 Thursday, April 14, 2011 7 -8:30 PM Brooklyn Park City Hall Council Chambers Contact the City Clerk: 5200 85th Ave N. Mailing Address: Brooklyn Park, MN 55443 5200 85th Ave N Brooklyn Park, MN 55443 Brooklyn Park "Meet the Candidates Night" hosted by the Brooklyn Park Lions Club, Brooklyn Park Women of Today and Brooklyn Area Ministerial Phone: 763- 493 -8180 Association E-mail City Clerk Tuesday, April 26, 2011 ................................................... ..............................1 6:30-9 PM Brooklyn Park City Hall Council Chambers 5200 85th Avenue North Brooklyn Park, MN 55443 (See list of candidates below) Municipal Special Election Notice is hereby given that nominating petitions will be accepted by the City Clerk at the Brooklyn Park City Hall, 5200 85th Ave N., from 8:00 a.m., Tuesday, March 8 until 5 p.m., Friday, March 18 for a Special Election to be held on Saturday, April 30, 2011 to elect a Mayor At Large to complete the term Steve Lampi, such term to expire on December 31, 2014. Candidate eligibility requirements are: (1) eligible to vote in Minnesota, (2) twenty-one years of age or more upon assuming office, and (3) will have resided the boundary limits of Brooklyn Park for at least 30 days before the election. Petition for such office shall be signed by twenty -five registered voters who reside in the City and shall be accompanied by $25 filing fee in accordance with Section 4.06 of the City Charter. A nominating petition for a candidate who will be out of the state during the filing period to submit an Affidavit of Candidacy along with filing fees and required petition may do so during the seven days prior to the candidate's absence. Petitions and affidavits of filing can be withdrav up until 5 p.m. on March 21, 2011. Name Address Address Phone Filing Date Email Address Website 763-442 - Billy B. Bishop 7908 Colorado Ave N. 55443 1139 3/9 kjbbbishop @msn.com Mark Meta 10520 Major Ave 55443 612-366- 1538 3/10 markmata_bp @yahoo.com mataformayor.com Jeffrey Lunde 2311 96th Way 55444 763-242- 1555 3/11 jeff @electlunde.com electlunde.com Tait Turnquist 8609 Girard Ave N. 55444 763 -503- 5671 3/15 taitturnquistformayor @gmail.com sites.google.com /site /voteturnquistformay Laurie lingers 8600 Tessman Cir N. 55445 612 -423- 4711 3/15 laurie @lauriehilgersformayor.com lauriehilgersformayor.com Wynfred N. N. 55445 763-228- 3/16 wnrussell @hotmail.com wynfredrussell.com Russell 6309 84th Court 9685 Jeanette 8800 66th Ave N. 55428 763 -535- 3/17 meyerformayorll @yahoo.com Meyer 4870 Joe Tanner 9919 Evergreen Ave N. 55443 763 -438- 9168 3/17 jtanner405 @aol.com heyjoetanner.com Boyd Morson 10701 Perry Drive N. 55443 763-392- 7416 3/18 morson4mayor @yahoo.com onelovecampaign.us Scott Denver 843 t. sds4bp.com Scheid 6625 81st Ave N. 55445 531 5319 3/18 sds4bp @comcasnet Jim 763 -424- 3/18 votejimk @juno.com http: / /home.comcast. net /^jim- Krautkremer 6032 Creekview Ln 55443 6197 krautkremer /site/ Tony Pistilli 4309 Edinbrook Terrace 55443 763-228- 1867 3/18 tonypistilli @comcast.net tonypistilli.com 'Updated 4/11/11 2011 Special Election Calendar http:// www. brooklynpark .org /sitepages /pid817.php 4/27/2011 City of Faribault Council Filings as of 6/3/2010 Office Name Address Phone Email Address City Council Member (Elected At Large) (Vote for up to 3) Sonny Wasilowski 711 1st Street SW 507 - 412 -5005 sonny.wasilowski(c�gmail.com *Roger Johnson 411 4th Avenue SW 507 - 210 -2154 *Kay A. Duchene 872 8th Street SW 507 - 334 -3032 *Kevin F. Voracek 1159 Kingswood Crescent 507 - 332 -4024 Cecilio Palacios 1155 Willow Street, Lot 10N 612- 242 -6489 * indicates incumbent Candidates names are entered in the order in which they filed for office CC: Mayor & City Council City Administrator Leadership Team Rice County Auditor's Office email to MEDIA WS — Item 10 WORK SESSION STAFF REPORT Work Session Item #10 Date: May 2, 2011 To: City Council From: Julie Bartell, City Clerk Jean Viger, Deputy City Clerk Re: Charter Amendments relating to Elections Background The United States Congress adopted legislation in 2009 requiring a period of 45 days for absentee ballot voting to allow the time necessary for military and overseas voting. As a result the Minnesota State Legislature adopted and the governor signed into law legislation that adjusts state election law to accommodate the extended absentee balloting period and other election administrative changes. These law changes have an impact on the city's election calendar including when the city can receive filings for office and, in the case of special improvement consideration, how long the city has to submit questions to Anoka County for inclusion on the ballot. Since the City of Lino Lakes election regulations are included in the city charter, staff is presenting the following suggestions for amendments to the charter to concur with state and federal level changes. 1. Filing for Office. With the change in the absentee voting period, the filing period reflected in Charter Section 4.02 is no longer appropriate. The filing period must occur at least soon enough to allow the city to meet the deadline for getting names on the ballot. The following changes to the City Charter would bring the city into conformance with state law. Section 4.02. Filing for Office. No earlier than eighty four (81) days and not later than seventy (70) days bBefore any municipal election, any resident of the City qualified under state law for elective office may, by filing an affidavit and by paying a filing fee to the City Clerk in an amount as set by ordinance, or by means otherwise permitted by state law, have his /her name placed on the municipal election ballot. The fling period shall be as established by Minnesota State law. (Amended 1/25/88) (Amended 05/27/2003) 2. Special Improvements. The Lino Lakes City Charter contains provisions relative to public improvements and special assessments (Chapter 8). Language within that section of the charter is also impacted by the above - referenced election law changes. Under current charter language, there would not be sufficient time to meet the deadline for submission of ballot language and meet the charter requirements of: a) a public hearing; b) the passing of 60 days before further action; and c) submission to the voters within 120 days of the public hearing. In order to allow sufficient time to satisfy both the Charter requirements and the ballot notice requirements, it is suggested that the 120 day period be increased to 160 days. Also the city attorney has pointed out that the language in this section is not clear in dictating when a special election must be held (if a general election isn't already scheduled within the 120 or 160 day period) and that state law wouldn't allow the city to hold a special election in the 19 weeks before a state primary election nor within 40 days after a state general election. The language proposed would also clarify those points. The following are the proposed changes to Section 8.04 of the Charter: Subdivision 2. Regardless of the provisions of Subdivision 1 of this section, when less than one hundred (100 %) percent of the estimated cost of the proposed improvement is to be paid for by special assessments, connection charges, or any outside funding sources other than the City general fund, the Council shall within one hundrediy sixty 94 160 days after the conclusion of the public hearing, submit the proposed local improvement and its assessment formula to the voters of the City. If no general election is scheduled during such one hundred tzwelity sixty 0404 (160) day period, the Council shall schedule a special election within said period unless otherwise prohibited by law, in which event the special election shall be held as soon as reasonably practicable. by which said improvement and its associated assessment formula can be submitted to the City's voters. If a majority of those voting on said improvement and associated assessment formula are opposed, the Council shall not proceed with the local improvement as proposed. Charter Amendment Procedure. The charter amendment process is governed by state statute, which provides more than one method by which a home rule charter can be amended: Petition — a petition meeting the requirements of state law can be submitted by citizens and the question would be brought to the voters; Amendment proposed by the council — the council may propose an amendment by ordinance and, after review by the charter commission, may present it to the voters; Upon receiving a recommendation from the charter commission, the council may enact a charter amendment by ordinance with an affirmative vote of all council members (with a post approval waiting period of 90 days). Requested Council Direction It is requested that the council confirm that these amendments should be forwarded to the Lino Lakes Charter Commission for their review. The next regular Charter Commission meeting is scheduled for July 14, 2011. WS — Item 11 MANAGEMENT TEAM'S Weekly Progress Report May 2, 2011 Item Last Action Taken Staff Status Organizational Assessment 10/4/10 City Administrator directed to begin preparing plan for an internal organizational analysis Jeff City hall has been completed; public works and police are in progress Comprehensive Plan Amendments 1 /4 /11Council revised residential density numbers Mike Will be included on May 9th Council agenda RFP's for Engineering Services 4/18/11 Three firms were interviewed Mike Staff is putting together a fee analysis Local Surface Water Management Plan 1/24/11 Council asked for a presentation & directed staff to solicit proposals for plan preparation from other firms Mike Included on May 2nd work session agenda Five -Year Financial Plan 4/4/11 Staff presented a first draft of the plan Al A second draft of the plan will be prepared after the strategic planning session in May