HomeMy WebLinkAbout11/03/2004 Council PacketWORK SESSION AGENDA
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CITY OF LINO LAKES
Wednesday
November 3, 2004
CITY COUNCIL WORK SESSION
Community Room (not televised)
5:30 P.M.
1. Growth Management Ordinance Amendment /Conservation Development, Jeff
Shoenbauer, Michael Grochala, Jeff Smyser
2. Extension of VLAWMO Joint Powers Agreement (see regular Agenda Item 6A)
3. Consider Rice Creek Watershed District Board Nomination
4. Regular Agenda Items
5. Adjourn
Revised 11/01/04 ajb 9:35 a.m.
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WORK SESSION MEMORANDUM
To: City Council
From: Mike Grochala, Jeff Smyser
Date: November 3, 2004
Re: Work Session Item #1: Conservation Development Amendments To Growth
Management Policy
Background
The City Council approved the Parks, Natural Open Space /Greenways and Trail System Plan in
August. The top priority of the plan is the creation and preservation of greenways. This echoes
the direction in the comprehensive plan to establish greenway corridors. The main way to
achieve this is the use of conservation development. Conservation development is a means to
achieve higher public values than would be the case under a conventional development approach.
Toward this end, we are proposing revisions to the growth management policy. The spirit of the
revisions is to encourage the type of development that meets the highest goals of the
comprehensive plan and the recently completed parks and open space plan.
The community has expressed the desire to preserve open space and natural features. Slowing
growth may delay the destruction of these elements, but it does not preserve them. Conservation
development results in higher quality development that preserves the natural features and open
space. By giving the City Council more discretion under the growth management policy, the
expectation is that developers will be encouraged to work collaboratively with the city on
achieving the highest public values for their private developments. This discretion would only
be applied in cases where the developer of property successfully collaborates with the City and
submits a conservation development proposal that includes public values that exceed those
achievable under a conventional development approach. The determination as to whether or not
the project reaches this threshold will be at the sole discretion of the City Council.
"Conventional development" is defined as a development proposal that meets the minimum
requirements of the City's ordinances regulating subdivision and platting, zoning, street
standards, and other pertinent requirements. "Conservation development" refers to a
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Amending Growth Management Policy
page 2
collaborative process in which certain stipulated public values are sought in exchange for greater
flexibility on general development requirements and the growth limits defined under the policy.
The Fox Den Acres project offers a good opportunity to implement the new parks and open
space plan through the use of a conservation development. The project is going through a very
collaborative process that includes city staff, the Rice Creek Watershed District, and the
developer. Instead of asking "does the project meet the requirements ?" we have been asking
"what is the best design ?" The design includes such things as filling and moving lower quality
wetlands in order to preserve and increase higher quality wetlands and upland areas. The overall
gain in public value will be positive.
Options for Amending the Policy
The adopted ordinance is attached, with amendment options added. Added language is shown in
underlined text. Deleted language is shown in strikeout text.
We have presented two options. Both would add a new Section 3 of the ordinance.
• Option 1 would exempt conservation development from the growth restrictions. That is, a
conservation development would be subject to neither the annual MUSA allocation limit (36
acres per year) nor the units restriction (147 per year or 1029 total for Stage 1).
• Option 2 allows a conservation development to final plat lots /units two years in advance of
its approved phasing plan. That is, it would still have a phasing plan but the number of
lots /units in the phasing plans could be moved ahead by two years. In effect, the first three
years of units could be final platted in year one.
With either option:
The Stage 1 and Stage 2 growth boundaries still apply. These are the areas within which
growth is to occur.
The total MUSA reserve for stage 1 would still apply: 300.7 residential acres for stage 1.
We currently have 130 acres remaining. We could not exceed this because this is what
we received from the Metropolitan Council, based on the amount listed in the
comprehensive plan.
The prohibition on premature development would still apply. The subdivision ordinance
prohibits premature development to ensure adequate infrastructure exists to support new
residential development.
All growth restrictions would still apply for conventional development. In fact, the
proposed amendments include eliminating the discretionary 20% additional annual
growth for conventional development.
Amending Growth Management Policy
page 3
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Advisory Board Review
The Planning & Zoning Board held a public hearing on the policy amendments on October 13th
The Environmental Board considered them on October 27th. The boards considered both of the
amendment options. Both boards recommended approval of Option 1, exempting conservation
development from annual limits to give the City Council more discretion in approving housing
above the stipulated growth limits.
Timeline
We are presenting the draft amendments now to allow time for city council consideration and
feedback. We anticipate bringing the first reading to the council at the November 22nd meeting.
We hope to have the Fox Den Acres project on the same agenda.
Comprehensive Plan Goals and Policies
The comprehensive plan includes extensive lists of goals, policies, recommendations, and the
like. These are intended to guide implementation of the comprehensive plan. We have
assembled a list of some of these guiding statements that are relevant to conservation
development. They are attached to this memo. Of course, one of the main issues to consider is
the limit on growth, listed as a growth management policy on page 27:
9. Limit residential growth to an average of 147 units per year, carrying a three year supply lot
inventory.
The MUSA reserve was based on land consumption, which in turn was based on averaging 147
units per year at a density of 2.5 units per acre. The limit on the allocation of MUSA acres
remains: the proposed amendment does not change it. The number of units will be regulated
indirectly, through the allocation of MUSA.
While the annual limit on platted units /lots has delayed the extent of development, it has not lead
to achieving the public values related to open space and natural amenities that are described in
the comprehensive plan. The minimal development allowed by the unit limit prevents larger
scale planning as well as the economic ability to achieve the environmental goals so important to
the community and included in the new parks and open space plan. A good sampling of those
environmental goals, as expressed in the comprehensive plan, are attached at the end of this
memo.
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Amending Growth Management Policy
page 4
CITY OF LINO LAKES
ORDINANCE NO. 01 -03
ORDINANCE CREATING A GROWTH MANAGEMENT POLICY
The City Council of Lino Lakes hereby ordains:
Section 1 Findings
The Lino Lakes City Council makes the following findings:
1. The City of Lino Lakes adopted a comprehensive plan that includes goals and policies to
guide planning and the growth of the city.
2. Managing growth through the orderly provision of infrastructure and other means promotes
the goals and policies of the comprehensive plan. It is in the best interests of the public to
create rational, cost effective means of managing growth so that it will be orderly, efficient,
and environmentally sound.
3. Unplanned growth does not meet community needs and is injurious to the public health,
safety, and welfare. Inadequately planned growth has created and may create or aggravate
negative conditions such as:
a. overburdened public facilities
b. underutilized public facilities resulting in wasteful investment of public resources
c. an inadequate variety of housing choices that does not meet community needs
d. environmentally detrimental development projects and patterns
4. The comprehensive plan establishes future land uses, staged growth areas, growth goals, and
a Metropolitan Urban Service Area (MUSA) reserve for the city.
5. The Stage 1 growth area is the geographic limit for growth prior to year 2010. The Stage 2
area is for growth from 2010 to 2020.
6. The MUSA reserve obtained with the comprehensive plan includes 359 acres for Stage 1,
and 909 acres for Stage 2. The MUSA reserve also includes a balance of 15.7 acres
designated for residential use left over from the 1995 MUSA reserve. The total Stage 1
MUSA reserve therefore is 374.7 acres.
7. There is undeveloped land within the existing MUSA.
8. A growth management policy is necessary, in addition to official controls such as the zoning
and subdivision ordinances, to implement the comprehensive plan and promote the public
health, safety, and welfare.
Amending Growth Management Policy
page 5
9. The comprehensive plan designates the area in the southeast quadrant of the I -35W /Lake
Drive interchange as "The Village." The intent of the Village is to create a focus for
community and civic identity through the integration of a mix of land uses. In doing so, the
Village will provide for intense land use, for compact and efficient development, and
increase the range of housing opportunities. The Village has received funding under the
Livable Communities program, established by MN Statute 473.25 — 473.255, because of its
intent to fulfill numerous goals of that program.
10. The growth management policy should allow the City Council reasonable discretion to
approve housing units in any given year above the stipulated growth limits in cases where the
development proposal results in significant and discernable public values above and beyond
those achievable under conventional development.
Section 2 Growth Management Policy
The Lino Lakes City Council hereby establishes a growth management policy with the following
provisions:
1. Promoting development within the existing MUSA is preferable to expanding the developing
area of the City by granting MUSA reserve acres. This preference is intended to promote the
cost - effective use of public investment by maximizing the utilization of existing
infrastructure.
2. New growth prior to year 2010 shall occur only in a Stage 1 growth area. However, a Stage
1 growth area does not grant rights to MUSA reserve acres and development approval.
3. Premature development shall not be allowed. This applies to all development proposals,
inside the existing MUSA as well as those needing MUSA reserve. The development is
premature if it does not meet the conditions established in Section 1002 -6 of the Subdivision
Ordinance (Chapter 1000 of the City Code).
4. The 374.7 acres of MUSA reserve for Stage 1 (pre -2010) shall be designated for new
residential, commercial and industrial development as follows and as shown in Attachment
A:
a. Residential:
i. A total of 300.7 MUSA reserve acres is designated for residential development for
Stage 1. The allocation of MUSA reserve shall not exceed this total prior to year
2010. To do so requires amendment of the comprehensive plan.
ii. The annual target is to allocate no more than 36 acres annually in the years 2003
through 2009. While this is the target, it is an annual average. At the discretion of
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Amending Growth Management Policy
page 6
the City Council, the MUSA reserve acres allocated for any one year may vary by
20% over or below the target. Exceeding the MUSA reserve target will necessitate
reducing MUSA allocation for future years.
b. Commercial /Industrial: A total of 74 MUSA reserve acres is designated for C/I
development. These C/I MUSA acres can be granted at any time prior to year 2010.
There is no annual limit for C/I MUSA.
5. The goal is to limit new growth in the city to an average of 147 new housing units per year:
1029 units in the seven years including 2003 -2009, inclusive. This includes all residential
growth: both within the existing MUSA and in areas that would need MUSA reserve. While
this is the target, it is an annual average. At the discretion of the City Council, the number of
lots approved for any one year may vary by 20% over or below the target. Exceeding the
new growth target will necessitate reducing the number of lots available for future years.
This 147 growth target refers to units in future plats, not to units on lots in final plats
approved prior to 2003.
6. No single development project should be awarded an entire year's number of new housing
units. This requirement is intended to:
a. avoid or minimize potential monopoly price effects
b. promote timely development: one project often will not be able to build all 147 in one
year
c. promote housing diversity
d. avoid inefficient concentration of infrastructure expansion that could impede financial
return on investments elsewhere in the city
e. distribute and minimize potential negative impacts of development
f. promote fairness by distributing growth among several projects while observing the goal
for new growth
7. An amendment of the comprehensive plan shall be required if, in order to accommodate a
specific development project, the annual target for new growth (units /year) or residential
MUSA reserve allocation (acres /year) would be exceeded by more than 20 %. The City
Council shall consider such an amendment only if the specific development project will
promote a clearly identified public purpose. The public purpose may include but is not
limited to:
a) provision of housing unit variety that contributes toward meeting housing goals, such as
medium density, high- density, and mixed -use developments in locations designated for
them in the comprehensive plan
b) provision of infrastructure that will provide benefits beyond the project site, in
accordance with City transportation, sewer, or water plans, that is not financially feasible
without exceeding the target
c) preservation of environmental features that would not occur without exceeding the target
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Amending Growth Management Policy
page 7
d) provision of economic benefits to the City that would not occur without exceeding the
target
8. Use of Stage 2 MUSA reserve acres prior to year 2010 shall require amendment of the
comprehensive plan.
9. All preliminary plats and residential development greater than 50 lots/units must have, as
condition of approval, a phasing plan that establishes:
a. a schedule for final platting a specified number of lots /units on an annual basis
b. specifies the location of and number of lots /units in each phase (final plat).
10. The target for the maximum number of lots in each phase is 50.
11. The City will maintain an inventory of approved phasing plans indicating the number of
units /lots scheduled for final plat approval in future years.
12. The City will not approve a new project's preliminary plat if, according to the phasing plan
inventory (final platting schedule), a new project could not final plat its first phase within one
year of preliminary plat approval without exceeding the MUSA or new growth goals.
13. An approved phasing plan or approved conservation development preliminary plat is a
commitment by the City to approve final plats and grant MUSA reserve acres according to
the phasing plan or conservation development preliminary plat. MUSA reserve is actually
granted at the same time as final plat approval. The phasing plan does not in any way
eliminate the requirements of the subdivision ordinance, zoning ordinance, and other official
controls, as may be amended.
14. MUSA reserve acreage to be granted shall be the acres of buildable area only.
15. Allocating or granting MUSA reserve within the Stage 1 growth area in accordance with a
phasing plan or approved conservation development preliminary plat for the project is an
action that implements the comprehensive plan: it is not an amendment of the
comprehensive plan. Allocating MUSA reserve shall require the same majority vote by the
City Council as is required for a rezoning.
16. This growth management policy shall not apply to the area of "The Village," in the southeast
quadrant of the I -35W /Lake Drive interchange.
17. The City shall review this growth management policy on an annual basis.
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Amending Growth Management Policy
page 8
Section 3 — Growth Management Policy for Conservation Development
The Lino Lakes City Council hereby establishes a policy to promote the use of conservation
development as a means to achieve the goals of the Growth Management Policy; Comprehensive
Plan, Parks, Natural Open Space /Greenways and Trail System Plan; and the Handbook for
Environmental Planning and Conservation Development. The provisions of this policy include:
1. For the purposes of this ordinance, "conventional development" is defined as a development
proposal that meets the minimum requirements of the City's ordinances regulating
development including but not limited to subdivision and platting (Ordinance No. 04 -03),
zoning (Ordinance No. 08 -03), street construction standards (City Code Chapter 302), and
other pertinent requirements.
2. For the purposes of this ordinance, "conservation development" is defined as a collaborative
process which results in a development plan, typically a planned unit development, in which
certain stipulated public values are achieved in exchange for greater flexibility on general
development requirements and the growth limits defined under Section 2 of this policy.
Amendment Option 1:
3. The growth management policy allows the City Council reasonable discretion to approve
housing units in any given year in excess of the stipulated growth limits of Section 2,
paragraphs 4.a.ii., 5, 6, 7, 9, 10, and 12 of this ordinance in cases where a conservation
development proposal results in significant and discernable public values above and beyond
those achievable under conventional development. These public values include, but are not
limited to:
a. Preserving more natural open space than required under current ordinances and
development policies
b. Reducing the extent of impervious surfaces and size of the development footprint
c. Restoring /enhancing ecological systems on the site as part of the development process
d. Protecting off -site ecological systems through increased buffering
e. Ensuring long -term natural resource stewardship through an endowment program
sponsored by the Developer
f. Providing public park and trail opportunities consistent with or in excess of the System
Plan
g. Managing stormwater (flow rates and quality) using natural infiltration and ecologically -
based approaches
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Amending Growth Management Policy
page 9
h. Preserving the open space aesthetic to which community residences have become
accustomed
i. Maintaining natural buffer between established and new developments
4. If, at the discretion of the City Council, a development proposal does not demonstrate that
significant public values are being realized above and beyond those achievable under a
conventional development approach, then the provisions of Section 2 apply.
5. Recommendations to approve a development proposal by the Environmental Board, Park
Board, and Planning and Zoning Board will be part of demonstrating that significant public
values are being realized.
6. Conservation development, like all residential development, is subject to the staged growth
areas as stated in Section 2, paragraph 2., and the total Stage 1 MUSA reserve maximum in
Section 2, paragraph 4.a.i.
Section 4
Every section, provision, or part of this Ordinance is declared separable from every other section,
provision, or part thereof to the extent that if any section, provision, or part of this Ordinance
shall be held invalid by a court of competent jurisdiction, it shall not invalidate any other section,
provision, or part thereof.
If any court of competent jurisdiction shall judge invalid the application of any provision of this
Ordinance to a particular property, building, or structure, such judgment shall not affect other
properties, buildings or structures.
This ordinance shall be in force and effect upon its adoption and publication according to the
Lino Lakes City Charter.
Adopted by the Lino Lakes City Council this 27th day of January, 2003.
ATTEST:
Ann Blair, City Clerk
John J. Bergeson, Mayor
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Amending Growth Management Policy
page 10
ATTACHMENT A
CITY OF LINO LAKES GROWTH MANAGEMENT POLICY
The following tables describe how the annual MUSA reserve target was derived and indicate the
result for year 2003.
MUSA reserve need, as calulated for the comprehensive plan
unmet
demand existing need
residential 635 350 285
commercial /industrial 274 200 74
909 550 359
residential
MUSA reserve
total
acres resid.
C/I
remaining balance pre -2002
new for Stage 1
15.7 15.7
359.0
285.0 74.0
total
374.7 300.7 74.0
Clearwater Creek 5th Addn 20.8 -20.8
Stoneybrook 54.7
Stoneybrook 2002 27.0 -27.0
Stoneybrook 2003 27.7
balance
annual residential MUSA
(2003 to 2009 is 7 years)
252.9 74.0
36.1
2003 allocation
Stoneybrook 2003
36.1
-27.7
available for 2003
8.4
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Amending Growth Management Policy
page 11
Amendment Option 2:
3. The growth management policy allows the City Council reasonable discretion to approve
housing units in any given year in excess of the stipulated growth limits of Section 2,
paragraphs 4, 5, and 7 of this ordinance in cases where a conservation development proposal
results in significant and discernable public values above and beyond those achievable under
conventional development.
The project must still have a phasing plan, but the final platting of lots /units can be advanced
by two years so that phases one, two and three could be final platted in year one, phase four
units then could be final platted in year two, and so on. The maximum number of lots /units
in the City for Stage 1 shall still apply.
The public values include, but are not limited to:
J.
Preserving more natural open space than required under current ordinances and
development policies
k. Reducing the extent of impervious surfaces and size of the development footprint
1. Restoring /enhancing ecological systems on the site as part of the development process
m. Protecting off -site ecological systems through increased buffering
n. Ensuring long -term natural resource stewardship through an endowment program
sponsored by the Developer
o. Providing public park and trail opportunities consistent with or in excess of the System
Plan
p. Managing stormwater (flow rates and quality) using natural infiltration and ecologically -
based approaches
q.
Preserving the open space aesthetic to which community residences have become
accustomed
r. Maintaining natural buffer between established and new developments
4. If, at the discretion of the City Council, a development proposal does not demonstrate that
significant public values are being realized above and beyond those achievable under a
conventional development approach, then the provisions of Section 2 apply.
5. Recommendations to approve a development proposal by the Environmental Board, Park
Board, and Planning and Zoning Board will be part of demonstrating that significant public
values are being realized.
Amending Growth Management Policy
page 12
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6. Conservation development, like all residential development, is subject to the staged growth
areas as stated in Section 2, paragraph 2., and the total Stage 1 MUSA reserve maximum in
Section 2, paragraph 4.a.i.
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Amending Growth Management Policy
page 13
GOALS AND POLICY STATEMENTS FROM THE COMPREHENSIVE PLAN
INTRODUCTION (p. 4)
The rapid pace of growth since 1990 has raised local concerns with regard to the following issues:
1. Growth is changing the character of Lino Lakes from a predominately rural community to a
suburban community. The Comprehensive Plan must outline strategies for managing growth in a
manner that protects the natural resources of the community and preserves open space corridors
in an effort to maintain the open character of the City.
ENVIRONMENTAL
Lino Lakes is rich in natural environmental amenities including lakes, wetlands and wooded areas. The
map on the following page illustrates the extent that Lino Lakes is comprised of lakes, wetlands, and
hydric soils. These environmental amenities along with the open rural character are highly valued by the
residents of Lino Lakes. In this regard, the following issues have been identified relating to development
and its impact on the City's environmental features and rural character:
New development must be integrated with the environment features of Lino Lakes. New
development will be required to be site sensitive with regard to subdivisions, land use type and
site design to avoid detrimental impact on local environmental resources.
2. The preservation of quality environmental amenities and open spaces is necessary to preserve
• the attractive open character of the City.
LAND USE (p. 11)
... Through the various neighborhood meetings, the following land use issues and opportunities were
identified.
2. Lino Lakes is in transition from a historically rural community to a suburban community.
Concerns have been expressed over the changing character of the community and the potential
loss of the rural atmosphere the City now offers. In this regard, the protection of open space and
natural areas is viewed as a critical element in the future land use planning for the City of Lino
Lakes.
POLICY PLAN
NATURAL ENVIRONMENT (p. 22)
Goals
1. Protect the environmental quality of Lino Lakes while accommodating moderate growth.
2. Preserve the open character of Lino Lakes through the preservation of natural open space and
the establishment of greenway corridors.
3. Promote biodiversity through the use of native plant materials and other materials where
appropriate.
• 4. Integrate new development with the City's natural environment in a compatible manner,.
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Amending Growth Management Policy
page 14
5. Maintain and when feasible, improve the City's water resources.
Policies
General
3. Integrate new development to the natural characteristics of the land to enhance the development
through the preservation of attractive natural amenities (i.e., wetlands, waterways, wooded areas,
slopes, etc.). Consider new development regulations that serve to preserve unique natural areas.
5. Promote greenway planning to protect environmentally sensitive areas of the City, to preserve
natural area and open space, and to define neighborhoods:
a. Generally define greenways in the Comprehensive Plan. More detailed definition of
greenway boundaries will occur through the City's Environmental Survey /Management
Plan and the development process.
b. Greenways should be of a size and configuration to protect the natural amenities within
the greenway, provide wildlife corridors and provide linkages to the Chain of Lakes
Regional Park, other designated greenways, natural areas, and other cities.
c. Greenways will be protected through the implementation of the City's Comprehensive
Local Water Management Plan, conservation easements and development regulations
including zoning, subdivision, shoreland, floodplain, and wetland preservation.
d. Uplands within greenways may be preserved through voluntary donation, conservation
easements, park land dedication or the transfer of development rights to the areas of the
City more suitable for development.
e. The City needs to develop a policy on design, ownership, maintenance and funding of
greenways. Some greenways might not have trails.
f. Pursue available grant programs designed to assist the City's acquisition and
development of local greenways.
g.
Restore greenways where necessary to improve their ecological health.
h. Ensure that greenways serve all community residents through the protection of view
sheds and the provision of pedestrian trails within the greenway corridor. Pedestrian
trails will be located and designed within the greenways in a manner that will not degrade
the natural features of the greenway.
Create an awareness of the value and importance of greenways through community
education, volunteerism in greenway maintenance, and citizen stewardship activities.
Vegetation
5. Promote the use of native grasses, forbes, shrubs and trees in development site restoration.
Storm Water/Wetlands /Drainage
2. Restrict or prohibit development on wetlands, floodplains and other natural features that perform
important environmental functions in their natural state. Where desirable and practical, maintain
such natural features in a condition for appropriate storm water system or recreational uses.
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Amending Growth Management Policy
page 15
3. Prohibit development on or alteration of natural drainage system components where storm water
can be adequately managed without construction of storm sewer.
6. Promote higher quality surface water treatment facilities through the use of infiltration and
bioretention where appropriate.
GROWTH MANAGEMENT (p. 26)
Goals
1. Manage growth and land use development in a manner that is environmentally responsible to
maintain the open and "green" nature of the City that the City's citizens prize so highly.
COMMUNITY FACILITIES (p. 39)
Policies
Parks and Open Space
1. Implement the goals, policies and recommendations of the 1992 Lino Lakes Comprehensive Park
Plan and Development Guide, as may be amended.
2. Utilize the City -wide environmental inventory and management plan that defines the integration
of land use plans with local natural resources.
• Establish greenway corridors to protect environmentally sensitive areas of the community and preserve
the open character of the City.
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WS -3
WORK SESSION STAFF REPORT
Work Session Item No. 3
Date: Council Work Session, Wednesday, June 9, 2004
To: City Council
From: Gordon Heitke
Re: Expiration of Term of Rice Creek Watershed District Manager
• Background
The City of Lino Lakes has been given official notice from Anoka County of the January
17, 2005 expiration of the term of Mr. Harvey Karth on the Rice Creek Watershed
District Board of Directors. Minnesota Statutes provide an opportunity for municipalities
and towns within the watershed district to submit a list of names at least 60 days prior to
the expiration of the manager's term, from which the county board shall appoint a
manager.
This process is described in more detail in the attached correspondence from Anoka
County.
Council Direction
Staff is seeking any direction that the Council may have related to submitting a list of
persons for appointment, a letter of recommendation, etc.
Attachment
1. Anoka County letter, dated October 14, 2004
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JOHN "JAY" McLINDEN
County Administrator
✓1-k, 4o L (,) Lc (Cs & I' ci',P
COUNTY OF ANOKA
The Honorable John J. Bergeson
Mayor, City of Lino Lakes
600 Town Center Parkway
Lino Lakes, MN 55014
OFFICE OF COUNTY ADMINISTRATION
GOVERNMENT CENTER
2100 3RD AVENUE • ANOKA, MINNESOTA 55303 -2265
(763) 323 -5700
October 14, 2004
RE: Rice Creek Watershed District Appointment
Dear Mayor Bergeson:
• In accordance with the provisions of Minn. Stat. §103B.227, Anoka County in late October 2004 will
publish notice of a future vacancy due to the expiration of a term on the Rice Creek Watershed
District Board of Managers. The notice publication requirement applies because Rice Creek
Watershed District is considered to be a watershed management organization. The published notice
must state that persons interested in being appointed may submit their names to the appointing
authority which is the county board for a watershed district appointment. For your information, a
copy of the notice which is to be published is attached.
In appointing a manager to the Rice Creek Watershed District, Minn. Stat. §103D.311 is also
applicable. This statute requires a county board, upon the expiration of a term, to appoint managers
for a watershed district from a list of persons nominated jointly or severally by the towns and
municipalities within the district if a list(s) is submitted 60 days before the manager's term of office
expires or to appoint a manager who resides in a city or town that fails to submit a list. If there is a
desire to jointly submit a list for the manager appointment, you may wish to confer with affected
cities and town and jointly submit the list. The cities and town with territory located in the Rice
Creek Watershed District are Blaine, Centerville, Circle Pines, Columbia Heights, Fridley,
Lexington, Lino Lakes, Spring Lake Park, and Columbus.
•
In order for names submitted to the county to be considered a list under the statutory definition, the
list must contain the names of at least three nominees eligible to be appointed. To be eligible for an
appointment, a nominee must reside within the watershed district boundaries, be eligible to vote in
the district, and not be a public officer of the county, state, or federal government (except that a soil
and water conservation supervisor can be appointed).
In making watershed appointments, there is an additional factor which is to be considered by a
county board. Minn. Stat. §103D.311 requires watershed district managers to be appointed to fairly
FAX: 763 - 323 -5682
Affirmative Action / Equal Opportunity Employer TDD /TTY: 763 - 323 -5289
October 14, 2004
Page 2
represent the various hydrologic areas within the watershed district by residence of the manager
appointed.
The appointee whose term will expire on January 17, 2005, is Harvey Karth, who resides in
hydrologic area 4 portion of the Rice Creek Watershed District. The other current managers,
appointed by three different counties, live in hydrologic areas 1, 2, 4, and 5 of the Rice Creek
Watershed District. A map with the location of current board members highlighted is being
forwarded to the Lino Lakes manager /clerk.
If you have any questions regarding this appointment process, you may contact Pam McCabe,
Assistant County Attorney at 763 - 323 -5667.
Sincerely
John "Jay" McLinden
County Administrator
JM:paa
Enclosure
cc: Lino Lakes Manager /Clerk
Pam McCabe, Assistant County Attorney
Patsy Anundsen, Administration Office Administrator
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October 14, 2004
Page 2
represent the various hydrologic areas within the watershed district by residence of the manager
appointed.
The appointee whose teini will expire on January 17, 2005, is Harvey Karth, who resides in
hydrologic area 4 portion of the Rice Creek Watershed District. The other current managers,
appointed by three different counties, live in hydrologic areas 1, 2, 4, and 5 of the Rice Creek
Watershed District. A map with the location of current board members highlighted is being
forwarded to the Lino Lakes manager /clerk.
If you have any questions regarding this appointment process, you may contact Pam McCabe,
Assistant County Attorney at 763 -323 -5667.
John "Jay" McLinden
County Administrator
JM:paa
Enclosure
cc: Lino Lakes Manager /Clerk
Pam McCabe, Assistant County Attorney
Patsy Anundsen, Administration Office Administrator
•
•
NOTICE IS HEREBY GIVEN pursuant to Minn. Stat. §103B.227 and §103D.311 that a vacancy will
occur on the Rice Creek Watershed District Board of Managers due to the expiration on January
17, 2005, of the term of Harvey Karth. Term of appointment is for three years. Managers are
eligible to be reappointed. Persons interested in being appointed to serve on the Rice Creek
Watershed District Board of Managers may submit their names for consideration to the Anoka
County Board of Commissioners, the appointing authority. Minn. Stat. §103D.311 permits the cities
and towns in the district to submit a list(s) of nominations to the county board. If a valid list(s)
containing at least three eligible nominees for a manager's position is submitted at least 60 days
prior to the expiration of the terms, the Anoka County Board of Commissioners is required to make
appointments either from the list(s) or to appoint a manager who resides in a town or city that fails to
submit a list. Since a list may be submitted, persons interested in being considered for appointment
may wish to contact their city or town to request to be included on a list of nominations. In the
absence of a valid list, the Anoka County Board of Commissioners may appoint any voting resident
of the Rice Creek Watershed District who is not a public officer of the county, state or federal
government.
ssistant County Attorney Jo "Jay" cLi den
County Administrator
PUBLISH IN:
Anoka County Union, October 29, 2003
Forest Lake Times, October 28, 2003
Quad Community Press, October 26, 2003
cc: Bobbie Koehler
Pam McCabe
Jay McLinden
Patsy Anundsen
• Rice Creek
Watershed
Districts
Roger K. Aiken
LEGEND
COMMISSIONER DISTRICTS
MI HYDROLOGIC AREAS
Q COUNTY BOUNDARIES
Q CITY BOUNDARIES
BLAINE
CENTERVILLE
CIRCLE PINES
COLUMBIA HEIGHTS
COLUMBUS
FRIDLEY
EN HAM LAKE
LEXINGTON
LINO LAKES
SPRING LAKE PARK