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HomeMy WebLinkAbout09/06/2011 Council PacketWORK SESSION AGENDA CITY OF LINO LAKES Tuesday, September 6, 2011 CITY COUNCIL WORK SESSION Community Room (not televised) 5:30 P.M. 1. Fence at 1205 Buckthorn Lane 2. Paul Montain — Zoning Issue at 8122 80th Street 3. Charter Amendments 4. Discuss Current Conservation Water Rate Structure 5. Comprehensive Plan Update 6. Weekly Progress Report 7. Review Sept. 12 Council Agenda Adjournment WS — Item 1 WORK SESSION STAFF REPORT Work Session Item Date: September 6, 2011 To: City Council From: Jason Wedel, City Engineer Re: Fence Encroachment at 1205 Buckthorn Avenue Background On July 29, 2011 the City received an application for a fence permit from Michael & Tracey Jansen for their property located at 1205 Buckthorn Lane. The Fence Application included an illustration identifying the location of the fence which is proposed to be located on their property line within an existing fifteen foot drainage and utility easement on the east and north sides of their property, and within a ten foot drainage and utility easement on the west side of their property. In addition to the fence permit application, the Jansens also submitted an Easement Encroachment Agreement for the proposed fence to be located within the existing drainage and utility easements. Both of these documents are attached for your review. Drainage and utility easements are established during the plat approval process. The easements are mutually agreed to with the land developers and are established to facilitate the City's protection and maintenance of various infrastructure improvements prior to home construction beginning. The items typically located within the drainage and utility easement include sanitary sewer, watermain, storm sewer, and storm water ponds to name a few. In addition, private utility providers such as telephone, cable TV and electric can also be located with the drainage and utility easement. Typically, the City does not allow property owners to construct any improvements within the easements. However, through the Easement Encroachment Agreement application, some improvements have been permitted. The Fence Application and the associated Easement Encroachment Agreement for the above - referenced property were reviewed by City staff. During the review it was determined that there was an existing storm sewer pipe located within the drainage and utility easement on the east and north sides of the above - referenced property. The language included on the Easement Encroachment Agreement states the following: "Structural encroachment shall not be allowed on any drainage and utility easement unless the following criteria apply to said property: 1. The easement is not currently for underground utility purposes. 2. The drainage will not be affected by the approved structure or other encroachment on the easement." Since there is an existing storm sewer pipe on the east and north sides of this property it fails to meet item number one of the required criteria included in the Easement Encroachment Agreement. Based on this, the property owners were informed by the City they would not be permitted to encroach into the drainage and utility easement with a fence on the east and north sides of their property. However, they would be allowed to encroach into the drainage and utility easement on the west side of their property. The Jansens responded by asking if there was anything else that could be done to facilitate installing the fence on their property line since they did not want to locate their fence outside of the easements and have fifteen feet of their property behind the fence. Staff then further evaluated the easement width to determine if it could be reduced. The easement width is related to the depth of the pipe located within the easement. The minimum width allowed is a direct 1:1 relationship with the depth. For example, if the pipe is five feet deep we would require five feet of easement on either side of the pipe. This is not only a City requirement but also an OSHA requirement for trench safety. After reviewing the as -built drawings for this location, the City determined that the storm sewer is ten feet deep. The pipe is not located on the property line, but is five feet into the Jansen's property. Therefore the City has ten feet of easement on the house side of the pipe and five feet of easement on the other side of the pipe. When the five feet of easement on the Jansen property is combined with the existing five foot easement on the adjacent property, it provides a total easement width of ten feet. The easement just meets the minimum requirements for having ten feet of easement on either side of the pipe due to the depth being ten feet. There is no room to reduce the amount of easement required. The Jansens have stated that the fence they are proposing to construct is temporary and that the fence panels can be quickly removed if the City requires access to the easement. The City's concern is that the posts supporting the fence would not be temporary. The posts would be cemented in place and would impair the City's ability to access the storm sewer pipe. In the past, the City has approved gates or temporary fence panels if a fence was crossing a storm sewer pipe at a perpendicular angle. However, on this property the fence is running parallel with the storm sewer on two sides of the lot and all of the posts would be in direct conflict with the storm sewer pipe. A similar request was presented to the City in this same neighborhood in 2002. The property at 6491 White Oak Road requested an encroachment agreement to construct a fence within the drainage and utility easement around their pool. It was determined that an existing drain tile pipe was located within the easement and the encroachment was denied. As you can see in the attached aerial photo, the property owners constructed their fence outside of the drainage and utility easement. Attached for the City Council's information are the following items: 1. Aerial photo of property 2. Fence Application 3. Easement Encroachment Agreement 4. Building Department Information Sheet for Fences, Walls and Earth Berms 5. Information submitted by homeowners 6. Existing fence example in the same neighborhood that was previously denied an Easement Encroachment Agreement Requested Council Direction Staff is requesting direction from the City Council on this matter in regards to deviating from existing City requirements to facilitate an Easement Encroachment Agreement for a fence to be located within a drainage and utility easement that contains an existing storm sewer pipe. [NANOK020022Nei ghOrtho 3 5 71 _0 8 0417.pmi Copyright r,_)' 2007 International Coi C I T IN APPLICATION FOR FENCE OR RETAINING WALL PERMIT JOB ADDRESS / `2-)5 7-'10IN &AA/6- Project Valuation $ gg 00 Is this permit for a fence or retaining wall? Owner's Name Mikz -Tai General Contractor Day Telephone -71,3 -35u, F Address E -mail Address fl) a'v5e .e 44 -1—) �ru City State Zip Telephone License Number (note: all contractors /subcontractors must be city or state licensed) TO BE SUBMITTED: • Plot Plan /Certificate of Survey (showing all easements and dimensions of fence from principal building or home). Please note that retaining walls are not allowed in easements. Type of Fence /Retaining Wall Material Approximate Starting Date I (o/ 20/1 Signature /gyp` wood.1 I vy Height t',7. (4,0o4i, (f'c..14't;'' Una6J�,� Approximate Completion Date g I/ 312 )1 Date DO NOT WRITE BELOW THIS LINE Type of Construction Occupancy Group Division Use Zone Permit $50.00 Easement Encroachment Agreement $55.00 License Verification $5.00 TOTAL AMOUNT DUE $ Engineering Approval: Note: Review By: Date: Issued By: Date: Permit #�/ ,0 c 600 Town Center Parkway, Lino Lakes, Minnesota 55014 -1182 Building Department: 651- 982 -2420 • Fax: 651- 982 -2499 building@ci.lino-lakes.mn.us -Es (-A,1-‘r"A" HOUSE STAKING \ SITE PLAN FOR TOM FERZICHILLI DESCRIPTION: LOT I, BLOCK 1, BRANDYWOOD ESTATES 3RD ADDITION, ANOKA COUNTY, MINNESOTA 905.0 DENOTES EXISTING ELEVATION DENOTES PROPOSED ELEVATION UPPER LEVEL =910.9 CENTRAL LEVEL =906.7 GARAGE= 905.5 BASEMENT= 902.5 • De/poler .466J!Y uP . 0. 900.0 115.00 N 89 °23'36" r ICA DRAINAGE & UTILITY EASEMENT 15' O 7O j 900.8 O5. 901.0 49.33 - 24 00 -.r g r 0 34.00 o (902) o PROPOSED HOUSE N O 904.4 905.5 904 65.50 b, 9.25 14:25-'4 905.8 05. 15' riot cn W GARAGE 901.5 905.2 NORTH SCALE 1"=30' 0 - DENOTES IRON MONUMENT 904.6 O 0 0 O Z 0 O LC) - woo• b i N I 0 22.83 0 0 11.57 L 15.00 905.3 (905) 905 A ,-7 .1 905 - BENCH MARK= 905.86 1 W TOP OF NUB 0 0 0 10' 115.00 N 89 °23'36" E TC -904.6 /XS-- B <T 905.1 0 TC=904.3 OR\ LA\ tA4,v tie I ha/nay a.rttly Must Ohs array,. pica, o. moor, .as pr.por.d try ma o undo my dine supra-vision and Prot 1 0 duly Rogatw.d Land Surr.yar under U.o loos of Ih..$tote al Y:rn..ota. Q9 Dp1. s-ho l f3 AsAYue�cs Planning • Engineering • Surveying TL00 &mbc# L.e. kite 303 b Rowe pi Ctwr I i5:0 -5s Foeiaic (6tZ) 421 -5121 CITY OF LINO LAKES EASEMENT ENCROACHMENT AGREEMENT PLEASE CHECK WHICH STRUCTURE APPLIES: FENCE X RETAINING WALL ❑ ACCESSORY STRUCTURE ❑ Weg, n ciAcke t P Y1 s c? j\ and I t�C L2'Li 3 ,i 11118Eni (' husband and wife) property owner(s) of a parcel of property legally described as: Lc+ t X31 'ergo and known as (address) : i305 Budc,k '`V . hereby acknowledge on this day of A. t , in the year of p3O O that or we) are aware of the following described requirements of the City of Lino Lakes in regard to structures and other encroachments: A. Structural encroachment shall not be allowed on any drainage and utility easement unless the following criteria apply to said property: 1. The easement is not currently for underground utility purposes. 2. The drainage will not be affected by the approved structure or other encroachment on the easement. B. The encroachment construction is done at the property owners own risk. If drainage and /or utility improvements on this easement become a problem in the future, the property owner(s) may be required by the City to remove the easement structure and regrade the easement, at the property owner(s) expense. C. All other requirements of the Zoning Ordinance are enforced. This agreement shall become a part of the property record and apply to all present and future property owners. The placement of the approved structure or other encroachment shall be located in accordance with the Certificate of Survey, attached he e to as xhibit A OWNER BUILDING DEPARTMENT Fences, Walls and Earth Berms INFORMATION SHEET Permit Required It is unlawful for any person hereafter to construct or cause to be constructed or erected within the platted area of the City, any fence or wall without first making an application for and securing a fence or wall permit. Certificate of Survey An application for a fence permit shall be accompanied by a current certificate of survey providing exact lot dimensions, the location of existing buildings, structures, and easements on the lot, and the location of the proposed fence. At the discretion of the City, a final plat detail of the lot with the required information shown may suffice if no certificate of survey is available. Applicant shall be required to physically identify the property corners for City inspection. Location All fences or walls shall be located entirely within the private property of the person, firm, or corporation constructing or causing the construction of such fence. a) No fence or wall shall be permitted on public rights -of -way. b) Traffic visibility requirements set forth in Section 3, Subd. 3.D.3.b of the City of Lino Lakes Zoning Ordinance shall be satisfactorily met. c) No fence or wall shall obstruct natural drainage. d) Fences may be constructed within public and private utility and drainage easements provided that: a. No fence shall be located within a drainage or utility easement without prior approval of the building and /or engineering department and the filing of an easement encroachment agreement. b. Removal of a fence or portion thereof for the purpose of utilizing the easement shall be at the property owner's expense. Construction and Maintenance a) Every fence shall be constructed in a professional and substantial manner and of substantial material reasonably suitable for the purpose for which the fence is proposed to be used. The materials and design shall also be compatible with other structures in the area in which the fence is located and shall not cause blight or a negative impact. Fences shall be at least ten (10) percent open to provide space for the passage of air. No used material shall be used in conjunction of fences. b) Every fence shall be maintained in a condition of a reasonable repair and shall not be allowed to become and remain in a condition of disrepair or danger, or constitute a nuisance, public or private. Any such fence, which is or has become dangerous to the public safety, health or welfare, is a public nuisance, and the City shall commence proper proceedings for the abatement thereof. 600 Town Center Parkway, Lino Lakes, Minnesota 55014 -1182 Building Department: 651 -982 -2420 • Fax: 651- 982 -2499 building @ci.lino- lakes.mn.us c) All posts or similar supporting instruments used in the construction of fences shall be faced inward toward the property being fenced. That side of the fence considered to be the face shall be oriented toward abutting property. d) Fences which are ninety (90) percent open (barb wire, chain link, woven wire, and other similar type fences) which are for the sole purpose of containing NON - DOMESTIC animals within a rural zoning district are not subject to the provisions of this Ordinance and do not require a permit. Chain link fences shall have round steel parts and braces. e) Solid walls and retaining walls (such as masonry construction) in excess of forty -two (42) inches in height shall be prohibited when utilized, tiered retaining walls shall be separated by a horizontal landing not less than three (3) fee in width. Access All fences shall be provided with a gate, which affords reasonable and convenient access for public safety. Residential District Fences All residential district fences shall be placed within the property being fenced. a) Fences may be located in any yard up to a height of four (4) feet. b) Except as prohibited by Subd. T.6.c in the City of Lino Lakes Zoning Ordinance, a fence up to six (6) feet high may be erected from a line extended from the front facade of the principal building to the side lot lines, and then along the side lot lines and the rear lot lines. c) Should the rear lot line of a lot be common with the side lot line of an abutting lot, that portion of the rear or side lot equal to the required front yard setback of the abutting lot shall not be fenced to a height of more than four (4) feet. For the purpose of this section, the front and side yards of the abutting lot shall be as defined in this Ordinance rather than as related to the orientation of the house. d) Residential Fences Height Exceptions: a. Fences for sport courts may be up to twelve (12) feet in height with a ten (10) foot setback. b. Residential boundary line fences may be erected to a height of eight (8) feet along a property line abutting a commercial, industrial, or semi- public use or zoning district. e) Wire fence other than chain link shall not be permitted as boundary line fences within five (5) feet of the property line in residential districts. f) Electrical and barbwire fences are prohibited in residential zoning districts. Commercial and Industrial District Fences a) A fence not exceeding four (4) feet in height may be erected in any yard. b) A fence not exceeding eight (8) feet in height may be erected parallel to the front lot line from a front corner of a principal building to a side lot line that is not adjacent to a street. c) A fence not exceeding ten (10) feet in height may be erected on a rear lot line or on a side lot line that is not adjacent to a street from a point where the front facade of a principal building would intersect with a side lot line extending to the rear property line. d) Should the rear lot line be common with the side lot line of an abutting lot, that portion of the rear lot line equal to the required front yard setback of the abutting lot shall not be fenced to a height of more than four (4) feet. 600 Town Center Parkway, Lino Lakes, Minnesota 55014 -1182 Building Department: 651- 982 -2420 • Fax: 651- 982 -2499 building @ci.lino- lakes.mn.us e) Within commercial and industrial, and public /semi- public zoning districts, barbed wire may be attached to the tops of fences with the following conditions: a. Fences must be a minimum of eight (8) feet in height exclusive of the security arm. b. The security arm must be angled in such a manner that it extends only over the property of the permit holder. c. Wire security fencing shall not be permitted within the required front yard or along a property line abutting a residential use. Public and Semi - Public District Fences Fences in the public and semi- public districts may be erected in any yard to a height of eight (8) feet. Barbed wire fences used for security purposes may be permitted in the public and semi- public zoning district per Section 3, Subd. 4.T.7.e of the City of Lino Lakes Zoning Ordinance. 600 Town Center Parkway, Lino Lakes, Minnesota 55014 -1182 Building Department: 651- 982 -2420 • Fax: 651- 982 -2499 building @ci.lino- lakes.mn.us City Counsel Request for Consideration Respectfully submitted by Tracey and Mike Jansen 1205 Buckthorn Lane, Lino Lakes, MN 55038 651 - 414 -0100 Request: To grant homeowner easement encroachment agreement on property's existing easement for the purpose of the construction of removable fence on our near homeowner's property line (north and east side of property). Homeowner believes current policy requiring construction of removable fence 15 feet from property line is not the only solution to achieving necessary access and that doing so would result in homeowner's significant Toss of property use (fenced area). History: • City representative called homeowner on 8/2/11 in response to permit request to construct removable fence on or near property line. Message to home owner: removable fence must be 15 feet in from property line. • Request made from homeowners to city engineer on 8/2/11 to consider granting of permission to construct removable fence on or near homeowner property line. • City engineer visited property on 8/3/11 and met with homeowners via phone to communicate decision to hold enforcement of fence construction 15 feet in from property fine. • Homeowner met via phone with city administrator who upheld city engineer's decision and instructed homeowner to petition city council. Understood City Goal /Interest: To have access to easement as needed in the event of emergency or routine maintenance. Homeowner Goal /Interest: To provide access to easement as needed in the event of emergency or routine maintenance. Understood City Risks Associated with Granting Removable Fence Approval: • Routine and emergency access: ability to access in the event of needed maintenance or emergency servicing. • Future homeowners: expectations regarding responsibility should the need arise for the removal of the entire fence or a portion of. • Precedence: policy enforcement to date. Homeowner Risks of Not Being Granted Removable Fence Approval: • Safety: community members using the property's adjoining path frequently and routinely allow dogs, unfamiliar to the family, to run through and in home owner's property. This puts home owner's three young children at great risk (3 year old and 2 year old twins). • Safety of community member's children: path users have lost control of kids who enter our property to explore. This puts homeowner at liability risk. • Traffic on 12th street is not monitored and perpetual speeding by those who frequent the road puts home owner's very small children at risk. City Benefits: • Safety provided to homeowners children. • Easier access to easement than attempting with homeowners alternative plan to create natural barrier (trees /shrubs). • Satisfaction in working with community members to successfully coordinate mutually agreeable solutions that maintain city policy regarding need for both efficient and full access to easement. • Satisfied community members, to include neighbors who are interested and invested in seeing both open and favorable response from City. Homeowner Benefits: • Safety provided to homeowners children. • Full use of property (15 feet in from property line cuts homeowner off from the use of a significant amount of property as well as looks aesthetically awkward.) • Satisfaction and faith in appointed members of community governing body. • Interest and investment in remaining occupants and positive contributing members of the Lino Lakes community. Agreements: • Homeowner agrees to remove the fence or portion thereof for the purpose of utilizing the easement at home owner's expense. o Fence will be constructed in 8 foot section. o Fence portions will be attached via easily removed screws. Estimated time required for removal: 15 minutes /section. • Homeowner agrees to installation of gates in affected area to afford additional reasonable and convenient access. • Homeowner agrees to the following before entering into purchase agreement with any potential buyer: o Provide full disclosure regarding owner obligation to assume all financial responsibility associated with fence removal should there be a need for any routine or emergency access on the easement in the future. • The encroachment agreement shall become a part of the property record and apply to all present and future property owners. The placement of the approved structure or other encroachment shall be located in accordance with the Certificate of Survey. o Removal of fence if future homeowner does not agree to assume all financial responsibility associated with previous bullet. Considerations: • Frequency of emergency access needs: several neighbors original to development to include original owner on shared easement have no recollection of any need to date for routine maintenance or emergency service requiring large machinery or digging (development is approximately 18 years old). • Neighboring communities successfully manage easement access by granting similar encroachment agreements specific to the installation of removable fences. • Homeowner's commitment to abiding by any mutually agreeable solution. • Community members are interested in seeing more consideration and flexibility from city officials surrounding the topic of property rights, negotiations and considerations. Thank you for your time and consideration. We fully understand, support and respect the city's need for both routine and emergency access to easements and believe that our plan fully accommodates that need. It is our belief that based on this accommodation, that an encroachment agreement should be granted and that there are already steps in place to proceed with that process (form attached). It is further our belief, that there needs to be a focus on periodic policy review within the planning department. Review of historical data such as frequency of routine /emergency maintenance and associated timeframes along with an understanding of modern removable structures should allow for greater flexibility within the department. Attached is a picture of our family to help you in connecting our request to some faces : -) Best Regards, Tracey and Mike Jansen 1205 Buckthorn Lane Lino Lakes, MN 55038 651.414.0100 DataViewOnline Map Page 1 of 1 - 3 +anSeV% "'"' Mapee ty 1223: LLLbJF -i_kR LR E vit t is4“ Fr est, Inc* 04 to ` " Disclaimer: This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data from city, county, state and federal offices, and is to be used for reference purposes only. https: // portal. sehinc. com /sehsvc/html /dvo /mapLayout.htm 8/29/2011 CITY OF LINO LAKES METER NO: 600 TOWN CENTER PARKWAY PERMIT NO . :0201401 LINO LAKES, MN 55014 651/982 -2420 FAX: 651/982- 2499DATE ISSUED: 08/22/2002 Address PIN Legal Desc 6491 White Oak Rd :27- 31 -22 -32 -0057 Subdivision BRANDYWOOD ESTATES 3RD ADDITION :Lot 8 Block 2 Parcel Permit Type :Building Property Type :Single Family Construction Type :Fence Activity NOTE: NOT ALLOWED IN REAR LOT EASEMENT (DRAINTILE EXISTS). OWNER Craig, Kurt & Mary APPLICANT (763/424 -0643) TOWN & COUNTRY FENCE 8511 Xylon Ave N Brooklyn Park, MN 55445 AGREEMENT the work for which this permit is issued shall be performed according to: (1) the conditions of this permit; (2) the approval plans and specifications; (3) the applicable City approvals, Ordinances, and Codes; and (4) the State Building erode. This permit will expire and become null and void if vork is not started within 60 days, or if work is suspended or abandoned for a period of 120 days any time after work has :ommenced. The applicant is responsible for assuring all equired inspections are requested in conformance with the >tate Building Code. No contractor or subcontractor will work d the above job address unless properly licensed by City or ;tate. If violation occurs, I understand that this permit may )e suspended or revpked at the discretion of the Building )fficial. <� �/' >ignature: 1 1.,{,' -0 ZL-(; i t. )ate:-22 -c-__ r SEPARATES ERMITS REQUIRED FOR WORK OTHER THAN DESCRIBED ABOVE. FENCE PERMIT $30.00 STATE SURCHARGE - BUILDING $0.50 COUNTY RECORDING FEE $30.00 CONTRACTOR LICENSE VERIFICAT $5.00 Total $65.50 Paid with check # 7329 [[NO[kKLS APPLICATION FOR FENCE PERMIT JOB ADDRESS 9 . \i4 ,kE ()kL. 1Z..D Project Valuation $ Owner's Name r �? °-t i rt C\I°-c .c General Contractor ‘ c: c,.. c•.i "N -r - _r\ CZ. City BYCa K!b cl f 04? te- State K t3 Zip S S (HS-"1 V.6 Telephone Day Telephone Address t INC.) License Number (note: all contractors /subcontractors must be city or state licensed) TO BE SUBMITTED: Plot Plan/Certificate of Survey X. (showing all easements) Type of Fence Material 51 v a V L `Y c� Height 5 Approximate Starting Date S Signature t Approximate Completion Date 1 0 Date DO NOT WRITE BELOW THIS LINE f •• FENCE X TOTAL VALUATION $ Type of Construction Occupancy Group Division Use Zone Survey: Required On File N/A Permit $30.00 State Surcharge $0.50 Easement Encroachment Agreement $30.00 License Verification $5.00 TOTAL AMOUNT DUE $ lO j. SQ Review By: % 1 i r Date: 3' ',?e3 ' ,949Q— Issued By: Permit# 02011401 Date: 4 g_11_24, o 2. NpT /!s_yowC-w /N gekfg Lo-r d13eMEW1- EX,5,3) . L ^ L 1cifei3"+ME?A r AOR '741E LOT - It * PIONEER. engInerIflY * * Certificate of Survey for: CICISSiC Home Design House Address: White Oak Road LinQLokM. e_s„ Lo.DSLAVEroNS LAND PLANES • LANDSCAPE RO4fltCT 5 !, 2422 Enterprise Drriti endotc,, Heights, 4iN 55120 (612) 681-1914.F0x 681-9485 625 Highway 10 Northeast Bloine, MN 55434 :(812) 783-1880•Fox 753-1883 454 7'30 S6973`36W 115.00 17 20,01 34.00 114' 1Z.C4 L _ 24.00 p+rprt.,L.%FFty, 8 22.00 w•L•OUT 13 COURSE eaStMENT er 0.V 7 PR0POSED NOUSE 7'1)-814,33 r 1 33 8 GAR ACE 24.01 115.0 4/z..44 S892336"W WHITE OA S. < ROAD /c,V9 Minimum Dusernent Elevation: 908,5 NOTE: CONTT.ACTOR $.41JS T WPIFY ALL OWENS:041S &NO DRNEWAY ocsicA sr .n.0 Denotes Existing Elevotion DPntpr-sp-n 14n: iqc-- rve Tinkl et.tte 917.Z • NEM • • • • • • • • 11 .10' IMO (6504) z 0 4s, (c) 0 z r- Pl 0); ••• 3 B 1 B r z. r- WHITETAIL TRAIL (6509) L. C/1"- n 1 — WS — Item 2 WORK SESSION STAFF REPORT Work Session Item 2 Date: September 6, 2011 To: City Council From: Michael Grochala Re: 2122 80th Street — Code Enforcement Background Based on the complaints the City Council received, the city attorney sent a letter to the owner of 2122 80th Street and indicated that violations of the zoning ordinance were occurring on the site. The property owner contacted staff and requested a meeting to discuss the property and the code issues. On Monday July 25th staff met with the property owner Lloyd Drilling and the business owner on the site Paul Montain. The business that is being operated on the site is Mountain Environmental, a fertilizer company that hauls post - production wastes from industrial users to farm locations and then spreads the materials on farm fields for fertilization. The occupant of the home on site is not involved in this business directly. The use was not established as a home occupation, but as what they considered to be an `agriculture' use. Agriculture is allowed as a permitted use within the Rural Business Reserve zoning district. The City Council reviewed the issue at the August 1, 2011 work session. The council determined that the use was a trucking business and not consistent with the permitted uses within the Rural — Business Reserve District. Following notification by staff to cease the use the owners appeared at "Open Mike" at the August 22, 2011 City Council meeting. The owners requested an opportunity to speak with the council regarding the existing use. The City Council placed the item on the September 6, 2011 work session for discussion. Requested Council Direction Staff is requesting council direction regarding resolution of the zoning issue. WS — Item 3 WORK SESSION STAFF REPORT Work Session Item 3 Date: September 6, 2011 To: City Council From: Jeff Karlson, City Administrator Re: Charter Amendments Background On July 29 the Charter Commission submitted two amendments to the City Charter with a request that the City Council adopt the amendments by ordinance. The first amendment is to add two sections to Chapter 1, which would grant the Commission more discretionary power to amend the Charter and to control how public funds are spent to inform the public about an amendment. The second amendment restricts the Council's ability to raise taxes by instituting a "tax cap." The public hearing is scheduled for Monday, September 12. After the public hearing has been held, the ordinance would be enacted upon a unanimous vote from council members and the mayor. To inform the Council of the legal implications and the potential impacts of both amendments, staff has contacted City Attorney Joe Langel and Terri Heaton, the City's financial advisor. Mr. Langel prepared written comments which address the amendments to Chapter 1. Joe will be attending Tuesday's meeting. Ms. Heaton also provided staff a letter that points out how the "tax cap" amendment may impact the City financially. Attachments Proposed amendments submitted by Charter Commission Letter from City Attorney Joe Langel Letter from Terri Heaton, Sr. Vice President with Springsted HAND DELIVERED July 29, 2011 Dear Mayor and City Council of Lino Lakes, On July 28, 2011, the Lino Lakes Charter Commission unanimously voted affirmatively to adopt two (2) separate amendments to the City Charter by ordinance, in accordance with Minn. Stat. §§ 410.12 Subd. 7. We are now moving these two amendments forward in that process, and recommend that both amendments be adopted as soon as possible for the benefit of the voters and the taxpayers in Lino Lakes. Caroline Dahl, Chairperson, Lino Lakes Charter Commission Amendment to Our Charter Chapter 1 Section 1.04. Charter Commission. The City shall have an ongoing Charter Commission with responsibility for maintaining and updating the Charter, and for informing residents of the meaning or impact of proposed Charter amendments. Members of the Charter Commission shall be appointed by the Chief Judge of the local district court, and shall receive no compensation. Section 1.05. Amendments to this Charter. All proposed amendments to the Charter and corresponding ballot wording shall be submitted to the Charter Commission for review. The City Council may not directly or indirectly use public funds to inform the public about an amendment unless the City Council provides the Charter Commission with equal funds and opportunities to inform the public about the amendment. Amendment to Our Charter Chapter 7 Section 7.13. Tax Cap. The City shall be restricted in the amount it can raise taxes each year. The maximum levy shall be calculated in accordance with the provisions of Minn. Stat. §§ 275.70 to 275.74 (2010), as modified below. If the state legislature adopts new levy limits, the City shall be restricted to the lesser of the limits imposed under the laws in 2010, and the new limits. The City's levy for the year 2011 shall be used as the starting point for calculating all subsequent levy adjustments. Any unused levy authority from 2011 or prior years may not be used. Levies imposed on a majority of the property owners in the City for a new special district or utility (such as a storm sewer improvement district, storm sewer utility, or lake improvement district) created after 2010 shall be included in the levy limit. These levies will qualify as "special levies" only if a majority of the City's voters specifically vote to authorize the creation of the special district or utility. For the purpose of determining the maximum levy, the original net tax capacity shall be used for all property which is both (a) placed in a tax increment financing district after 2010 and (b) being taxed on the basis of its original net tax capacity. MEMORANDUM TO: Lino Lakes City Council FROM: Joseph Langel, City Attorney DATE: August 31, 2011 RE: Proposed Amendments to the City Charter Ratwik, Roszak & Maloney, P.A. Pursuant to Minnesota Statutes section 410.12, subdivision 7, the Charter Commission forwarded to the Council three proposed amendments to the Charter that the Commission seeks to have approved by ordinance. The first two concern the Charter Commission's authority and the Charter amendment process, while the third seeks to limit the City's levy authority. After reviewing the proposed amendments, I have the following comments on the first two; it is my understanding that the City's financial consultants will comment on the amendment concerning the levy limit. At the outset, it bears mentioning that these amendments are unusual in that they do not address City powers or organizational structure, which is the normal subject matter of city charters, Rather, they seek in part to expand the powers of the Charter Commission. It is questionable whether a city charter is the appropriate vehicle for addressing such issues. Regardless, as discussed below, the specific language in the proposed amendments appears to be either of no effect or runs afoul of state law. Section 1,04 Charter Commission The proposed language is as follows: The City shall have an ongoing Charter Commission with responsibility for ]maintaining and updating the Charter, and for informing residents of the meaning or impact of proposed Charter amendments. Members of the Charter Commission shall be appointed by the Chief Judge of the local district court, and shall receive no compensation. 730 Second Avenue South, Suite 300, Minneapolis, MN 55402 • p (612) 339 -0060 • f (612) 339 -0038 • www.ratwiklaw.com Paul C. Ratwik John M. Roszak Patricia A. Maloney* Terence 1. Foy* Scott T. Anderson Kevin J. Rupp Jay T. Squires *t Ann R. Goering Nancy E. Blumstein* Joseph J. Langel* Michael J. Waldspurger* Margaret A. Skelton Amy E. Mace Eric J. Quiring Erin E. Ische Christian R. Shafer Trevor S. Helmers Matthew J. Bialick Tessa S. Kowalski Scott 13. Solvent Timothy A. Sullivan * Also admitted in WI t Real Property Specialist Certified by the MN State Bar Association This language raises several issues. First, the purpose of the initial phrase, "The City shall have an ongoing Charter Commission" is unclear. Under Minnesota law, charter commissions continue to exist unless discharged. Minn. Stat. § 410.05. If the intent was to essentially restate that fact, then there is no purpose to it. If, by using the word "ongoing," the intent was to make the commission perpetual, then it is contrary to state law. Pursuant to Chapter 410, the commission can discharge itself or voters can do it in a referendum. Minn. Stat. § 410.05, subd. 5. Those discharge rights cannot be abrogated via the charter. Thus, the language appears to be without substance or invalid. Second, stating that the Commission has the responsibility for "maintaining and updating the Charter" basically restates the law without adding or clarifying anything. Minnesota Statutes Chapter 410 already sets forth the Commission's authority. Third, stating that it is the Commission's responsibility to inform residents of the meaning or impact of proposed amendments is problematic. Recall the issue that arose approximately two years ago when the Commission sought to inform voters by initiating a "Vote No" campaign. The legal opinion obtained at that time from outside counsel concluded that charter commissions have limited authority, and such authority does not include the production and distribution of informational materials. This proposed amendment appears to be contrary to that opinion; it seeks to establish powers that the City already determined the Commission does not and cannot have. Informing residents of issues pending before the City is the City's job (see Charter section 12.12). If charter commissions are to have that power, it needs to come from the legislature through an amendment to Chapter 410. Finally, the last sentence states that Commission members shall be appointed by the Chief Judge and shall receive no compensation. This simply restates existing law. Minn. Stat, § 410.05, subd. 1, 410.06. Section 1.05 Amendments to this Charter The proposed language is as follows: All proposed amendments to the Charter and corresponding ballot wording shall be submitted to the Charter Commission for review. The City Council may not directly or indirectly use public funds to inform the public about an amendment unless the City Council provides the Charter Commission with equal funds and opportunities to inform the public about the amendment. This amendment raises issues similar to the previous amendment. The first sentence, requiring that all proposed amendments be submitted to the Commission for review, is duplicative of Chapter 410, Amendments can be initiated by the Commission itself, by voters via petition, or 2 by the City Council. Minn. Stat. § 410.12. If voters or the Council initiate, the proposed amendment must be sent to the Commission for review. Id., subds. 1, 5. This sentence, therefore, does not add to or clarify the Commission's authority. The second sentence again refers to empowering the Commission with authority to "inform the public," which is outside their statutory authority. The City Council does not have the power to give the Commission authority that the legislature did not grant, either explicitly or impliedly. Even if that were not true, the language concerning "equal funds and opportunities" is problematic given its vagueness. How would one measure "equal funds and opportunities ?" Like any other law, a charter amendment ought to be clear and not subject to a variety of interpretations. Moreover, the language implies an adversarial relationship between the Council and Commission that is sought to be balanced by equal funds, apparently so each side can advocate their position. No public entity, however, is allowed to use public funds to advocate. A violation of that rule is not remedied by giving public funds to another public entity so they can violate it, too. In conclusion, the proposed amendments do not appear to further effectuate the exercise of governmental functions by the City, which is, or ought to be, the primary purpose of Charter amendments. Rather, the amendments seem to be an attempt to broaden the authority of the Commission itself. There is no statutory support for this expansion of power. If there are ongoing issues about disseminating information to the public, there are other ways of addressing those issues that could be discussed. 3 Springsted August 31, 2011 Jeff Karlson, City Administrator Al Rolek, Director of Finance City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 Re: Proposed Tax Cap Amendment Springsted Incorporated 380 Jackson Street, Suite 300 Saint Paul, MN 55101 -2887 Tel: 651 - 223 -3000 Fax: 651 - 223 -3002 www.springsted.com I have reviewed the proposed "Amendment to Our Charter" for Chapters 1 and 7, dated July 29, 2011. The following comments pertain to the impact these amendments would have on the City of Lino Lakes. Charter restrictions place additional restraints on local governments beyond those required by federal and state law, and our concern would be financial restraints that impair the City's ability to finance ongoing operations, to comply with debt obligations, and to meet capital and infrastructure maintenance needs. It appears that the Chapter 1 proposed amendment addresses the Charter Commission's role in maintaining and updating the Charter. We have no particular comment on this section as it does not directly impact the three areas of concern noted above. Chapter 7, Section 7.13, Tax Cap Amendment The proposed amendment raises several concerns that should be considered by the City Council. 1) The City of Lino Lakes has minimized increases for several years in response to the recession and declining property values. The empty chair at the reception counter is one of many notable reductions. Using the 2011 actual levy as the starting point, as proposed in paragraph 2, will restrict the City to a base year levy that was developed during the recession and may not be sustainable over time, even with implicit price inflators. 2) The third paragraph includes levies for storm sewer districts, storm sewer utilities, or lake improvements as part of this levy limit. These special districts are usually funded by special assessments or fees as opposed to general tax levies. How or if a levy limit can be calculated is not clear. It is also unclear whether these districts can be added even if they do not levy or use special assessments. Public Sector Advisors City of Lino Lakes, Minnesota Page 2 3) In paragraph 3, restricting new special levies to a vote reduces flexibility. While a referendum may seem like a cost saving measure today, the repercussions, such as added costs of delays or eliminating the ability to correct financial issues early, are not usually understood by voters. They may actually be limiting the City to a more expensive option later if they vote no. Special levies are allowed under state law. The implicit price deflator increases were considered punitive by some legislators for communities who did not have growth (historically, a fixed 3% increase or similar amount was a stated levy limit). As a compromise, the legislators softened this cap by allowing local government to special levy for specific purposes. 4) The last paragraph is not understandable. In Minnesota, cities levy a dollar levy and the tax rate is a function of dividing the levy by the tax capacity. In other states where a mill rate system is used, the tax rate (mill rate) is first set and then applied to land values to determine the amount of taxes generated. This language may make more sense for the mill rate system. Since tax capacity is not used to calculate the maximum levy, it is confusing. 5) Tax increment is an economic development tool that allows the City to incent development where it may not otherwise occur. If the intent of the last paragraph is to limit the use of this tool, the City may be tying its hands when competing with other cities for development. Ultimately, this could result in missed opportunities to lower taxes for each taxpayer by increasing the overall tax base to which levies are spread. The tax increment market value becomes part of the City's tax base when the tax increment district expires. The proposers of this amendment are presumably trying to protect the citizens from higher taxes than necessary. In the end, these provisions may have the opposite effect. Why is that? • Credit ratings are based on an issuer's ability to repay bonds. The higher the credit rating, the lower the interest costs will be on debt. For future debt issues, if the rating agencies perceive that the added restrictions imposed make Lino Lakes a greater credit risk, they may lower the credit rating. On a $2 million bond issue with a 15 -year term and assuming the new rating falls from the City's current Aa2 rating to the single "A" category rating (50 basis point differential); this may translate into an extra cost of $70,000 over the life of this bond issue. Each bond issue going forward would have a similar penalty until the rating was improved. Financial flexibility is the key to maintaining and improving credit ratings. The City of Lino Lakes would be impairing their financial flexibility with this amendment. • Maintenance of infrastructure and facilities are a "pay today' or "pay more tomorrow" proposition. Restrictions on the City Council's ability to levy and special assess for projects means that voters have to choose to increase their taxes today instead of tomorrow. It is easy for them to vote no— especially if they plan to move out of Lino Lakes or do not see the citywide benefit of maintaining transportation systems that a City Council may see. As a result, the repairs are delayed and the needed repairs become more severe (i.e. reconstruction rather than sealcoat) while the cost of pothole repair, car damage, and safety issues continue to be incurred. Overall, this is much more expensive than a systematic plan to maintain capital at the most cost - effective time rather than when a referendum passes. City of Lino Lakes, Minnesota Page 3 • The administration of these amendments means the City has to incur the costs of elections to pay for new utilities or service districts. The result is: (a) the cost to administer the election including ballot language, notices, hearings, and election facilitation is borne one or more times; (b) the language is unclear and confusing, which means time will be spent interpreting the language and explaining how it fits with state law; (c) staff will spend time explaining the citywide impact, resulting in additional costs for mailings and newspaper brochures, without which the voter will be uninformed; d) at a time when cities are streamlining processes, this would be adding processes for situations that are already authorized in state law. • Losing the City's competitive edge is a concern. An effective way to lower taxes and fees is to spread them further by retaining existing members of the community and to attract new residents and employers who provide excellent salaries and benefits. All of this leads to economic vitality for the community and financial health. Infrastructure condition, safety, amenities, convenience, education systems, overall appearance and community support are business considerations. The proposed Charter amendments seem to look inward only rather than looking forward, while neighboring cities are sizing up their competition and preparing to be more attractive for development. In conclusion, the proposed amendment in Section 7 is difficult to understand, as written. Adopting part of state law and modifying it has proven difficult in the past as it creates new terminology and interpretations than are not always defensible, should there be a challenge. The proposed amendment would need to be modified before it could be administered. An attorney familiar with state levy laws may be a good resource, Overall, I encourage the City of Lino Lakes to think about where the community should be in the next 5, 10, 15 and 20 years by considering the following questions: 1. Does this type of amendment align with plans for the future direction of the City? 2. Does it provide the flexibility to compete? 3. Does it ensure bondholders and rating agencies that Lino Lakes is a well- managed City poised to be successful in the long -term and able to pay obligations? 4. Will the City of Lino Lakes struggle even more to provide services during the economic downturn if this amendment passes? This amendment is well intended, but financially it is not sound policy and it will not reduce costs long -term, Please let me know if you would like to discuss further or if you have any questions. Sincerely, C.,1QA)Lt Terri Y. Heaton, Senior Vice President Client Representative WS — Item 4 WORK SESSION STAFF REPORT Work Session Item Date: September 6, 2011 To: City Council From: Jason Wedel, City Engineer Re: Discuss Current Conservation Water Rate Structure Requested Council Direction It is Staffs' understanding that the City Council would like to discuss the current conservation water rate structure. Staff will be available at the work session to provide information and answer questions as needed. 2011 RESIDENTIAL WATER CONSUMPTION COMPARISONS WINTER Less than 20,000 Gallons SUMMER ROUTES 1, 2 3 1,403 18 970 ROUTES 3, 4 ROUTES 3, 4 962 826 1 ROUTES 5, 6, 7, 8 1,045 TOTAL 405 (0 %) TOTAL (2 %) 3,410 (82 %) 2,201 (53 %) Between 20,000 and 40,000 Gallons ROUTES 1, 2 3 224 18 478 ROUTES 3, 4 ROUTES 3, 4 189 306 1 ROUTES 5, 6, 7, 8 305 TOTAL 447 (0 %) TOTAL (2 %) 718 (17 %) 1,231 (29 %) Between 40,000 and 80,000 Gallons ROUTES 1, 2 3 15 18 188 ROUTES 3, 4 ROUTES 3, 4 9 29 1 ROUTES 5, 6, 7, 8 12 TOTAL 438 (0 %) TOTAL (2 %) 36 (1 %) 655 (16 %) Between 80,000 and 120,000 Gallons ROUTES 1, 2 3 1,645 18 1,654 ROUTES 3, 4 1 1 ROUTES 5, 6, 7, 8 1 ROUTES 5, 6, 64 1,364 TOTAL 5 (0 %) 83 (2 %) Greater than 120,000 Gallons ROUTES 1, 2 0 1,645 0 1,654 ROUTES 3, 4 0 0 ROUTES 5, 6, 7,8 1 ROUTES 5, 6, 10 1,364 TOTAL 1 (0 %) 10 (0 %) TOTAL CUSTOMERS ROUTES 1, 2 1,645 1,654 ROUTES 3, 4 1,161 1,162 ROUTES 5, 6, 7, 8 1,364 1,364 TOTAL 4,170 100% 4,180 100% MISCELLANEOUS NOTES 2011 - 99% RESIDENTS CONSUME LESS THAN 40,000 GALLONS IN THE WINTER 2011 - 82% RESIDENTS CONSUME LESS THAN 40,000 GALLONS IN THE SUMMER 2011 - 98% RESIDENTS CONSUME LESS THAN 80,000 GALLONS IN THE SUMMER 2011 - SUMMER WATER CONSUMPTION 150% GREATER THAN WINTER 2010 - SUMMER WATER CONSUMPTION 230% GREATER THAN WINTER 2009 - SUMMER WATER CONSUMPTION 310% GREATER THAN WINTER 2008 - SUMMER WATER CONSUMPTION 280% GREATER THAN WINTER 2007 - SUMMER WATER CONSUMPTION 360% GREATER THAN WINTER 9/6/2011 g--1,t L7 014.4 V'i ic . ss i wl Why are Water Utility Rates Changing? (b (11 For the first time since 2001, the City of Lino Lakes is proposing a change to the water utility rates. The proposed rates are aimed at encouraging water conservation by increasing the impact for those who consume large quantities of water. Families that consume less than 40,000 gallons per quarter (98.7% of residents during winter months) will experience a negligible increase (less than 3 %). In the winter billing quarter of 2007, the average residential water use in Lino Lakes was 15,854 gallons. In the summer of 2007, residents used an average of 56,545 gallons. This difference can be attributed largely to irrigation of lawns in the summer months. The city's long -term goal is to decrease annual average residential water usage to 75 gallons per person per day, or 20,250 gallons per quarter for a 3- person household. This will be reached through a variety of conservation measures and public education. Current Residential Rates Gallons 0- 30,000 Charge per 1,000 gallons $1.77 Above 30,000 $2.07 osed Residential Rates Gallons C Charge per 1,000 gallons 0 - 20,000 $ $1.80 21,000 - 40,000 $ $2.00 41,000 - 80,000 $ $2.50 81,000 - 120,000 $ $3.00 Over 120,000 $ $3.50 Includes $10 Base Fee Gallons per Quarter Current Rate Proposed Rate Cost Difference Percent Change 15,854 $38.06 $38.54 +$.48 1% 25,000 $54.25 $56.00 +$1.75 3% 40,000 $83.80 $86.00 +$2.20 3% 80,000 $166.60 $186.00 +$19.40 10% 100,000 $208.00 $246.00 +$38.00 15% Did you Know... • Average residential use: 15,854 gallons per winter quarter 56,545 gallons per summer quarter • 95% of residential users consume 30,000 gallons or less per winter quarter • 98.7% of residential users consume 40,000 gallons or less per winter quarter 23.8% of residential users consume 80,000 gallons or more in the summer quarter 6.7% of residential users consume 120,000 gallons or more in the summer quarter Conservation is everybody's responsibility. For more detailed information about the city's proposed utility rate adjustments and water conservation techniques please visit the city website at www.ci.lino- lakes.mn.us Why is it Important to Conserve Water? Water costs a great deal in energy and money to pump, move and purify. Water conservation will reduce costs to the city's water system and reduce the need for expansions of pipes, wells and water storage. High water use com- promises the city's ability to provide adequate and reliable public water supplies, water pressure, storage capacity, and fire protection reserves. The city has experienced daily summer water demands that average four times the daily winter use, and has gone as high as seven times the average daily winter use. All cities in Minnesota with more than 1,000 in population are required by state law to develop water conservation programs that must include an evaluation of the city's water rate structure, public education, and other measures to assist residents and businesses with water conservation. The city has not met its goals set by the Minnesota Depart- ment of Natural Resources, and must use a variety of methods to reduce water consumption. Since much of the high summer demand can be attributed to lawn irrigation, the City of Lino Lakes has employed other conservation measures, including lawn watering restrictions and a free rain sensor installation program. Water Utility Rate Adjustment Public Hearing Monday, November 24 6:30 p.m. Lino Lakes City Hall Council Chambers Do you have questions or concerns about the new Water Utility Rate structure? You have the oppor- tunity to address the Lino Lakes City Council regarding the rate increases at the public hearing. You may alternatively submit your concerns in writing to city hall. VIOSS NW 'sa�e� oui� APM)ped aatueD uMOI 009 £ ON.LIV iAd NW `S2NId �1OdIO aIVd DOV ±SOd .s.n �IVW SSVIO-ISdId uoi4eW 0Eui a4eJ Amin aaleM 600Z Bated: 9/6/2011 • • 2012 Proposed Revenue 2012 Proposed Expenditures Budget Gap s-h hu Lei \Mc. Ce 611 lob) Effect on Effect on Revenues Expenditures 9,368,109 9,368,109 9,649,195 Beginning 2012 Budget Proposal 9,649,195 (281,086) ECFE Lease - Incr Debt Levy (60,000) (60,000) Organizational Assessment (Net of UC) 183,105 (183,105) Adj for Health Insurance - 18% to 14% 32,690 (32,690) Govt Bldgs Janitorial (Net of UC) 48,480 (48,480) Civil Legal Fees - Eliminate Meeting Attendance 5,000 (5,000) Criminal Legal Fees - Renegotiate Contract 20,000 (20,000) Reduce Staff COLA Adjustments to 0% 100,000 (100,000) Reduce 2012 Contingency 25,000 (25,000) Use of 2011 Contingency 50,000 50,000 Use of Fund Reserves 100,000 100,000 Redirect Fund Reserves from Street Reconst 150,000 150,000 Reduce Capital Equipment Current Levy 50,000 (50,000) Misc Reductions 9,552 - (9,552) Reduce Tax Levy Gap to Balance 432,741 Market Value Homestead Exclusion - est (220,000) (432,741) 9,175, 368 9,175,368 Preliminary 2012 Budget - Final • City of Lino Lakes 2012 Proposed Tax Levy Adopted Adopted Adopted Adopted Adopted Proposed 2007 2008 2009 2010 2011 2012 Difference General Fund Levy 7,430,427 7,864,704 8,247,178 7,768,238 7,675,424 7,138,640 (536,784) Special Levy - PERA Contribution 38,418 47,994 47,994 43,816 54,178 10,362 Total Operating Levy* 7,430,427 7,903,122 8,295,172 7,816,232 7,719,240 7,192,818 (526,422) Special Levy - Target/Kohls Abatemt Special Levy - Legacy/YMCA Abatemt 20 128,568 70,114 42,443 128,568 112,557 Debt Levy Certificate of Indebtedness 2004 107,016 - - - Certificate of Indebtedness 2005 39,774 40,404 Certificate of Indebtedness 2006 122,303 122,603 120,698 - Certificate of Indebtedness 2007 - 66,990 62,948 60,349 - Certificate of Indebtedness 2008 82,975 81,732 80,808 - (80,808) Certificate of Indebtedness 2009 126,840 127,008 127,617 609 Certificate of Indebtedness 2010 - 64,864 64,617 (247) Certificate of Indebtedness 2011 - - 43,365 43,365 Civic Complex Bond 1998A (3) 177,056 191,213 126,788 - - Public Project Revenue Bond 1999C 119,952 109,557 104,570 - - - - Taxable G.O. Imp Bond 2003B 21,844 20,741 19,534 23,524 21,917 20,248 (1,669) G.O. Improvement Refunding Bond 2005E 97,152 108,041 113,482 124,176 124,172 134,863 10,691 G.O. Tax Abatement Bond 2006C (2) 86,656 66,148 108,591 140,091 196,581 235,011 38,430 G.O. CIP Refunding Bond 2006E (3) 125,580 125,580 209,580 322,470 325,410 408,720 83,310 Total Debt Levy 897,333 851,277 949,166 879,182 940,760 1,034,441 93,681 Total Levy 8,456,328 8,866,956 9,244,338 8,695,414 8,660,000 8,227,259 (432,741) (1) Levy result of Street Referendum (2) Levy result of participation in YMCA project (3) Levy result of Civic Complex Construction. Levy amount is decreased by School District lease • v • Taxable Market Value Annual % Change Total Net Tax Capacity Value Less FD Contribution in Value Less Captured Value for Tax Increment Total Net Tax Capacity Value Annual % Change Total Levy Less FD Distribution • Total Net Levy of increase /(decrease) City Tax C pacif to e', • City of Lino Lakes Net Tax Capacity Calculation Adopted 2010 Adopted 2011 Estimated 2012 Difference 2,001,889,600 (6.22 %) 22,070,825 1,697,800 327,659 1,804,121,500 (9.88 %) 19,783,539 1,576,375 251,890 1, 731, 585,600 (4.02 %) 18, 794, 362 1,497, 556 239,296 (72, 535, 900) (989,177) (78,819) (12,595) 20,045,366 (4.87 %) 17,955,274 (10.43 %) Net Tax Capacity Rate Calculation Actual 2010 8,695,414 1,097,539 Actual 2011 8,660,000 1,111,501 17,057,510 (5.00 %) Estimated 2012 8,227,259 1,055,926 7,597,875 (6.90 %) B -8 7,548,499 (0.65 %) .04 7,171, 333 (5.00 %) (897,764) WS — Item 5 WORK SESSION STAFF REPORT Work Session Item 5 Date: Council Work Session, September 6, 2011 To: City Council From: Michael Grochala Re: Comprehensive Plan Review Background The City Council passed Resolution No. 09 -23 adopting preliminary approval of the 2030 Comprehensive Plan for submittal to the Metropolitan Council in June of 2009. The plan was submitted to Metropolitan Council in August of 2009. At the request of Metropolitan Council, supplemental materials were submitted in October 2009 and the plan submittal was deemed complete. On December 9, 2009 the Metropolitan Council authorized the City to put its 2030 Plan Update into effect. Throughout 2010 the City Council continued to discuss modification of the plan regarding growth management and housing. In January of 2011 the City Council completed its review and directed staff to submit the plan to adjacent jurisdictions for review. In May of 2011 the City Council passed Resolution No. 11 -49 granting preliminary approval of the revised plan for submittal to the Metropolitan Council. On August 10, 2011 the Metropolitan Council authorized the City to put the revised 2030 plan into effect. Analysis The City Council has worked extensively, since the plan was received from the City's Planning and Zoning Board, to build upon and enhance the draft document. The City Council's work over the past two years have centered on concerns regarding pace, quality and density. Through the resulting stages of plan review the Council has addressed these concerns. The initial 2009 council action included the following changes to the draft plan: • Decreased the household growth forecasts from 6,600 units to 4,600 units resulting in the reduction of the cumulative 2030 household forecast by a total of 2,000 units. • Reduction in the City's affordable housing goal from 1,275 to 560 units. 1 • Modified the Utility Staging Plan to more closely monitor growth by dividing the 10 year staging areas into five year phases. The council will determine by resolution if the next phase /stage is to be opened up to development based on criteria in the plan The 2011 council action further modified the plan to include the following changes: • Reintroduced an annual average new housing growth benchmark. The new language reads: "The City will plan to accommodate an annual average of 230 units per year over each 5 year phasing period not to exceed 395 units in any one year. At the end of the 5 year phasing period unallocated units will be averaged out over the next five year phase. • Amended the Housing Plan text to limit City financial assistance to meet regional housing goals. The plan now includes a statement that in acknowledging Metropolitan Council's affordability goals the City is not committing to provide funding for housing. • Modification of residential development densities to lower the high density category as follows: • Low Density Residential • Medium Density Residential • High Density Residential 1_6 — 3.9 units per acre (instead of 1.5 to 3.5) 4.0 — 5_9 units per acre (instead of 3.6 to 6.9) 6_0 — 10.0 units per acre (instead of 7.0 to 12) • The City's proposed net residential density was reduced from 3.04 units per acre to 3.01 units per acre which is just over the minimum requirement of 3.0 units per acre. Upon adoption of the plan the City will begin updating our official controls, including zoning, and subdivision ordinances, to implement the new plan. Adoption of the new plan will also allow for implementation of the Special Area Management Plan (SAMP). The SAMP was prepared for the City in coordination with the Rice Creek Watershed District and Army Corps of Engineers to stream line administration of the Wetland Conservation Act. Council Direction 1. Staff is requesting council direction to place adoption of the 2030 Comprehensive Plan on the September 12, 2011 City Council meeting agenda for consideration. Attachments 1. Metropolitan Council Notice of Final Action (8/15/2011) 2 ;;A Metropolitan Council AA August 15, 2011 Mike Grochala, Community Development Director City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 RE: City of Lino Lakes 2030 Comprehensive Plan — Final Action Metropolitan Council Review File No. 20653 -2 Metropolitan Council District 11, Sandy Rummel Dear Mike: The Metropolitan Council has completed its review of the City of Lino Lakes 2030 Comprehensive Plan (t_Tpdate). The Council based its review on the staff's report and analysis (Business Item 2011-197, attached). At its August 10, 2011, meeting, the Council found that the Update meets all of the Metropolitan Land Planning Act requirements; conforms to the regional system plans for transportation, waster resources management, and parks, is consistent with the 2030 Regional Development Framework; and is compatible with the plans of adjacent and affected jurisdictions. There, the City may place the Update into effect. The Council adopted the Advisory Comments and Review Record in the staff report and adopted the following actions: 1. Authorize the City of Lino Lakes to put its 2030 Comprehensive Plan Update into effect. 2. Advise the City to: a. Continue to participate in the Council's Plat Monitoring Program. b. Implement the advisory comments for Transportation. Surface Water Management, and Water Supply. 3. Approve the City of Lino Lakes Tier II Comprehensive Sewer Plan. Please consult the attached staff report for important information about the next steps that the City should take. Of particular importance are the Council's actions found on the first page, general Advisory Comments found on Page 2, and specific comments for technical areas found in the body of the report. www.metrocouncil.org 390 Robert Street North • St. Paul, MN 55101-1805 • (651) 602 -1000 • Fax (651) 602 -1550 • TTY (651) 291 -0904 An Equal Opportunity Employer Mike Grochala, Community Development Director August 15, 2011 Page 2 of 2 If you have any questions, please do not hesitate to contact Lisa Barajas, Sector Representative, at 651- 602 -1895. Council staff sincerely appreciates the cooperation of City staff in completing this process. Since Phyllis Hanson, Manager Local Planning Assistance Attachment CC: Ciara Schlicting, Bonestroo Julie Monson, Minnesota Housing Tod Sherman, Development Reviews Coordinator, MnDOT Metro Division Sandy Rummel, Metropolitan Council District 11 Lisa Barajas, Sector Representative / Principal Reviewer Cheryl Olsen, Reviews Coordinator N:ICommDevILPAICommunities\Lino LakeslLetterslLino Lakes 2011 CPU 20653-2 final action.docx WS — Item 6 MANAGEMENT TEAM'S Weekly Progress Report September 6, 2011 Item Last Action Taken Staff Status Organizational Assessment 7/11/11 Council approved reclassification of Secretary B to Office Technician I Jeff Further recommendations are pending 2030 Comprehensive Plan Amendments 5 /23 /11Council approved revised plan for submittal to Met Council Mike Approved by Met Council 8/10/11. Included on Sept. 6 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 presented in October Early Childhood/Family Education Center (ECFE) Lease 5/2/11 Council directed staff to begin marketing the space at city hall currently occupied by the ECFE Mike Staff researched tax implications and had discussions with nonprofits & businesses about the space