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HomeMy WebLinkAbout07/06/2010 Council PacketWORK SESSION AGENDA CITY OF LINO LAKES July 6, 2010 CITY COUNCIL WORK SESSION Community Room (not televised) 5:30 P.M. 1. Willow Ponds 2. Storm Water Management Annual Report 3. Storm Water Utility 4. John Freimuth — 6931 Lake Drive/Blighted Commercial Properties 5. METRO -INET Joint Powers Agreement to follow 6. 2011 Budget Guideline Discussion 7. Comprehensive Plan 8. Liquor Ordinance Requirements 9. Draft Ordinance Amendments 10. Official Language 11. Joint Council and Charter Commission Meeting agenda Review Regular Agenda Adjourn • • • WS — Item 1 WORK SESSION STAFF REPORT Work Session Item 1 Date: July 6, 2010 To: City Council From: Mary Alice Divine Re: Cottages of Willow Ponds Background The Cottages of Willow Ponds were built with TIF assistance from the city with the intent that it be an affordable senior housing project. The City's Economic Development Authority entered into a development contract with the original owners in 1995. A separate restrictive covenant required the project remain senior housing through 2026. At the June work session Mr. Chuck Reisenberg, representing Lino Lakes Housing Limited Partnership, addressed the City Council regarding his intent to purchase the Cottages of Willow Ponds using a HUD insured loan. Federal HUD regulations require that the City subordinate its rights under the contract to HUD. HUD was also requiring that the City subordinate the covenant restricting use of the property to senior housing through 2026. This could have had the potential effect, if the property was ever foreclosed, that HUD could eliminate the senior covenant in order to sell the property. A discussion was held whether there were potential solutions to provide the City with reasonable assurance that the project remains affordable senior housing while allowing Mr. Reisenberg to proceed with purchase of the property. A memo from Steve Bubul is included in your packet addressing questions raised by the Council and explaining additional safeguards agreed to by HUD and the buyer. Also enclosed is the proposed amendment to the original contract that the EDA would need to be approved by the EDA. 1 Requested Council Direction Does the City Council (EDA) wish to hold an EDA meeting on July 12 to move forward with consideration of the Amendment to the Contract for Private Development to allow the sale of the senior housing project to Lino Lakes Housing Limited Partnership? Attachment(s) 1. Memo from Steve Bubul 2. First Amendment to the Contract for Private Development and Subordination Agreement 3. HUD Regulatory Agreement for Multi - Family Housing Projects 4. Memo from Dougherty Mortgage regarding HUD foreclosure rates 2 • • • • • • Kennedy Graven CHARTERED 470 US Bank Plaza 200 South Sixth Street Minneapolis MN 55402 (612) 337 -9300 telephone (612) 337 -9310 fax http://www.kennedy-graven.com MEMORANDUM TO: Mayor and Council Members Mary Alice Divine FROM: Stephen Bubul DATE: June 28, 2010 RE: Cottage Homesteads of Willow Pond Background As you know, the Lino Lakes Economic Development Authority ( "Authority ") entered into a Contract for Private Development with Cottage Homesteads of Willow Ponds Limited Partnership, dated October 3, 1995 (the "Contract "). Under the Contract, the Authority provided certain tax increment financing assistance to the developer of a 48- unit rental housing development known as the Cottage Homestead of Willow Ponds (the "Project'). The Contract imposed certain income limitations on tenants (as required under the tax increment statute for this housing district). In addition, the City imposed a separate covenant requiring that 47 of the units be occupied by at least one person who is at least 55 years old (the "City Senior Covenant "), which remains in effect until 2026. Lino Lakes Housing Limited Partnership (the "Developer ") plans to acquire the project from the original developer, and in connection with that acquisition is obtaining a loan (the "HUD Loan ") insured by the Federal Housing Administration ( "FHA "), which is a division of the United States Department of Housing and Urban Development ( "HUD "). The "HUD Loan is secured by a mortgage (the "HUD Mortgage "). As condition of making the HUD Loan, HUD has required that the Authority subordinate its rights under the Contract and the City Senior Covenant. To accomplish that, HUD has requested an amendment to the Contract, which inserts (as a new Article IX) nationally standard subordination language that HUD requires in its mortgage transactions. Generally, the HUD language means that the Contract and the City Senior Covenant is subordinate to the HUD Mortgage. This means that if the HUD Mortgage were 370912v3 SJB LN 140 -25 foreclosed, HUD could eliminate the City Senior Covenant and dispose of the Property without that encumbrance. At the same time, HUD agreed to include its own senior covenant (the "HUD Senior Covenant ") in the HUD Regulatory Agreement. This covenant requires that 47 units be occupied by at least one person who is at least 62 years of age. The HUD Senior Covenant remains in place as long as the HUD Loan and HUD Mortgage are in place (35 years if the loan goes to term). Council Concerns At its June 7 work session members of the Council raised several questions and concerns. Following is a description of how those concerns have been addressed. 1. Is the Developer willing to extend the City Senior Covenant? Yes, the Developer agreed to replace the original City Senior Covenant with a new one that imposes the 55 age restriction through February 1, 2045 (roughly the same term as the HUD Loan). The City's covenant remains in place even if the HUD Mortgage is paid off early. 2. May HUD terminate all senior restrictions on the Property even if the HUD Mortgage has not been foreclosed? Most likely no. Regarding the City Senior Covenant, the HUD subordination language clearly allows HUD to terminate that covenant upon foreclosure, but the language does not expressly give HUD to right to terminate that covenant absent foreclosure. The HUD language does indicate that, in the event of conflicts between the HUD documents and the Contract, the HUD documents control, but arguably there is no conflict between the existing HUD documents and City Senior Covenant; after all HUD has included its own very similar covenant in it own documents. It its possible that HUD could take a different view of this matter in the future, but the possibility of a dispute on this point is very remote. Regarding the HUD Senior Covenant, HUD agreed to add the following language in the HUD Regulatory Agreement: Developer shall not modify [the HUD Senior Covenant] without prior written consent of the Authority, which consent shall not be unreasonably withheld, conditioned or delayed. This means that if either HUD or the Developer requests an amendment to the HUD Senior Covenant, the Authority may withhold consent to that as long as its decision to withhold is reasonable. Since the Authority has clearly indicated a goal of long -term senior use of the Property (in exchange for the City's tax increment assistance at the outset), it would be reasonable for the Authority to withhold consent of any attempt to 370912v3 SJB LN 140 -25 2 • • • • • simply eliminate the HUD Senior Covenant. Whether consent is reasonable is always a fact question, but the Authority would have a strong argument on this point. Even more importantly, there is no indication that HUD would have any incentive to remove the HUD Senior Covenant if the HUD Mortgage was not in foreclosure. HUD's sole concern, in requiring the subordination, has been to ensure that the Property is fully unencumbered in the case of foreclosure, where HUD (or the insured lender) must dispose of the Property and protect HUD's investment. The language is nationally standard in FHA - insured deals, and reflects typical concerns of FHA in its role as a lender; it does not originate from other areas of HUD that are more concerned with affordable housing. 3. Is there, or can there be, a prohibition on assignment of the HUD Mortgage? No. HUD allows the HUD Mortgage to be assumed by a buyer (along with all the covenants and restrictions that go with it), and would not accept a limitation on that. However, assumption of the HUD Mortgage by a new owner does not impair the Authority's position on the senior restrictions; the HUD Senior Covenant and the City Senior Covenant remain in place as before. In my judgment, the assumability is not a significant issue for the Authority. Conclusion The First Amendment to Contract for Private Redevelopment and Subordination (the Contract), and the Regulatory Agreement for Multifamily Housing Projects (the HUD Regulatory Agreement) are attached. In my view, these documents do not significantly impair the City's goal of retaining the Project in senior use; and in fact, the revised City Senior Covenant extends that limitation for another twenty years after it would have originally expired. The HUD subordination does allow HUD to terminate all senior restrictions in the event of foreclosure, but foreclosure of these types of mortgages is extremely rare. For the reasons described above, there is likewise minimal risk that HUD would, or could, attempt to terminate either the City Senior Covenant or the HUD Senior Covenant even if the Project is not in foreclosure. The City's consent is required for any modification of the HUD Senior Covenant, and it would be reasonable for the City to decline a request to extinguish that covenant. I will be available at the July 6 work session to answer any questions you may have on these matters. 370912v3 SJB LN 140 -25 (Space Above Reserved for Recording Ltformation) FIRST AMENDMENT TO CONTRACT FOR PRIVATE DEVELOPMENT AND SUBORDINATION AGREEMENT This FIRST AMENDMENT TO CONTRACT FOR PRIVATE DEVELOPMENT AND SUBORDINATION AGREEMENT (this "Agreement ") is effective as of July 1, 2010 by and between LINO LAKES HOUSING LIMITED PARTNERSHIP, a Minnesota limited partnership ( "Developer ") and LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY, a public body corporate and politic of the State of Minnesota (the "Authority "). RECITALS: A. Developer is the fee owner of certain real property known as Cottage Homesteads of Willow Pond located at 101 Willow Pond Trail in the City of Lino Lakes, County of Anoka, State of Minnesota as legally described on Exhibit A attached hereto and incorporated herein by reference (the "Project "). B. Developer's predecessor -in- interest, Cottage Homesteads of Willow Ponds Limited Partnership, a Minnesota limited liability company (the "Prior Developer "), and the Authority entered into that certain Contract for Private Development dated October 3, 1995, and recorded in the office of the County Recorder, Anoka County, Minnesota, on October 3, 1995, as Document No. 1185222, as assigned to Developer under that certain Assignment of Partnership Interests and Company Interests dated May 1, 2010 and recorded in the office of the County Recorder, Anoka County, Minnesota, on , as Document No. , (together with all subsequent amendments, modifications, renewals and extensions thereof, collectively referred to herein as the "Development Contract "). C. Dougherty Mortgage LLC, a Delaware limited liability company ("Lender ") has agreed to make a loan to Developer in the original principal amount of $2,791,100.00 (the "HUD Loan ") which loan shall be insured by the Federal Housing Administration (the "FHA ") of the United States Department of Housing and Urban Development ( "HUD ") under Section 207 pursuant to Section 223(0 of the National Housing Act of 1934, as amended, pursuant to the Commitment to Insure Upon Completion dated February 18, 2010 (FHA Project No. 092- 11264), as amended (the "FHA Commitment "). 368750v2 SJB LN140 -25 • • • D. The HUD Loan will be evidenced by that certain Mortgage Note (the "HUD Note ") executed by Developer in favor of Lender in the original principal amount of the Loan and will be secured in part by (i) that certain Mortgage dated July 1, 2010 (the "HUD Mortgage ") executed by Developer in favor of Lender, and by (ii) the Regulatory Agreement for Multifamily Housing Projects dated July 1, 2010 (the "HUD Regulatory Agreement ") executed by and between Landlord and the Secretary of Housing and Urban Development. The HUD Note, the HUD Mortgage, the HUD Regulatory Agreement and all other loan and security documents executed in connection with the Loan are collectively referred to herein as the "HUD Loan Documents." E. As a condition to the making of the Loan to Developer, Lender and HUD require that the Development Contract be amended to include certain HUD provisions and that the Development Contract be subordinated to the Loan and the HUD Loan Documents. F. In connection with the assignment of the Development Contract from the Prior Developer to Developer, the parties have further agreed to modify the Development Contract in certain respects as described herein. G. In addition, the parties have determined to replace certain restrictive covenants (referred to in the Development Contract as the "Covenants ") with a new Declaration of Covenant and Restriction of even date herewith, in the form attached as Exhibit B to this Agreement (the "Replacement Covenant "). NOW, THEREFORE, in consideration of foregoing recitals and of the mutual covenants and agreements hereinafter set forth, it is agreed by and between Developer and the Authority as follows: 1. Status of Development Contract. This Development Agreement remains in full force and effect, and is not modified except as expressly provided in this Agreement. Should there be any conflict or inconsistency between this Agreement and the Development Contract, the terms and conditions of this Agreement shall prevail. 2. Amendment to Development Contract. The Development Contract is hereby amended to add following Section 8.7 of the Development Contract entitled "Subordination" the following Article 9: ARTICLE IX HUD REQUIREMENTS Section 9.1. Notwithstanding anything in this Agreement to the contrary, except the requirements in 26 U.S.C. 42(h)(6)(E)(ii), this Agreement is expressly subordinate to (i) the Mortgage Note dated as of dated July 1, 2010 (the "HUD Note ") executed by the Developer in favor of Dougherty Mortgage LLC, a Delaware limited liability company ( "Lender "), (ii) the Mortgage dated July 1, 2010 (the "HUD Mortgage ") executed by the Developer in favor of Lender, (iii) the Regulatory Agreement for Multifamily Projects dated July 1, 2010 (the "HUD 368750v2 SJB LN140 -25 Regulatory Agreement ") executed by and between the Developer and the Secretary for Housing and Urban Development ( "HUD "), and (iv) all other documents executed by the Developer, Lender and /or HUD in connection with the HUD Note (collectively the "HUD Loan Documents "), and is subordinate to all applicable HUD mortgage insurance (and Section 8 of the U.S. Housing Act of 1937, if applicable) regulations and related administrative requirements. In the event of any conflict between the provisions of this Agreement and the provisions of applicable HUD regulations, related HUD administrative requirements, or HUD Loan Documents, the HUD regulations, related administrative requirements or HUD Loan Documents shall control. Section 9.2. In the event of foreclosure or transfer of title by deed in lieu of foreclosure, any and all land use covenants contained herein shall automatically terminate except those requirements set out in 26 U.S.C. 42(h)(6)(E)(ii). Section 9.3. Failure to comply with the covenants contained herein will not serve as a basis for default on any of the HUD Loan Documents. Section 9.4. The covenants contained in this Agreement are not included in any of the HUD Loan Documents. Section 9.5. Enforcement of the covenants contained herein will not result in any claim against the Property, the proceeds from the HUD Mortgage, any reserve or deposit required by HUD in connection with the HUD Mortgage transaction, or the rents or other income from the Property other than from available Surplus Cash, as defined in the HUD Regulatory Agreement. Section 9.6. So long as the Property is subject to a mortgage insured or held by HUD, no amendment shall be made to this Agreement without the prior written consent of HUD. Section 9.7. This Agreement may not be foreclosed upon or sold, transferred, assigned or pledged, without the prior written of consent of HUD of such foreclosure, conveyance, assignment or pledge. Section 9.8. No action shall be taken in accordance with the rights granted herein or prohibiting the Developer from taking any action except in strict accordance with the U.S. Housing Act of 1937 (the "Housing Act "), applicable mortgage insurance regulations, the HUD Loan Documents, or applicable public housing regulations under Sections 5 and 9 of the Housing Act, or if applicable, Section 8 of the Housing Act and the regulations thereunder. Section 9.9. The covenants contained in this Agreement shall not be construed to conflict with any applicable HUD mortgage insurance regulation, applicable public housing regulations, or Section 8 of the Housing Act and the regulations thereunder. 368750v2 SJB LN 140 -25 • • • • 3. Replacement Covenant. Upon execution of this Agreement, Developer agrees to execute and deliver to the Authority the Replacement Covenant in substantially the form attached hereto as Exhibit B. Developer shall, at its cost, record the Replacement Covenant with the office of the County Recorder for Anoka County. The Replacement Covenant is intended to replace and supersede the Covenants in all respects. 4. HUD Regulatory Agreement. Developer shall not modify Section 24 of the HUD Regulatory Agreement without prior written consent of the Authority, which consent shall not be unreasonably withheld, conditioned or delayed. 5. Successors and Assigns. Each agreement, and each and every covenant, agreement, and other provisions hereof shall be binding upon each of the parties hereto and their successors and assigns 6. Governing Law. This Agreement is made and executed in the State of Minnesota and shall be governed by the laws of said State. 7. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall, be deemed an original, but all of which shall constitute one instrument. 368750v2 SJB LN 140 -25 IN FURTHERANCE WHEREOF, the parties hereto have caused this First Amendment To Contract for Private Development and Subordination Agreement to be executed as of the date and year first above written. DEVELOPER: LINO LAKES HOUSING LIMITED PARTNERSHIP, a Minnesota limited partnership By: Lino Lakes Housing, LLC, a Minnesota limited liability company Its: General Partner By: Charles E. Riesenberg Its: Chief Manager STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2010, by Charles E. Riesenberg, the Chief Manager of LINO LAKES HOUSING, LLC, a Minnesota limited liability company, the General Partner of LINO LAKES HOUSING LIMITED PARTNERSHIP, a Minnesota limited partnership, on behalf of the limited partnership. Notary Public 368750v2 SJB LN140 -25 • • • • • • LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY By: Its: STATE OF MINNESOTA ) )ss. COUNTY OF The foregoing instrument was acknowledged before me this day of 2010, by , the of LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY, a public body corporate and politic of the State of Minnesota, on behalf of said public body. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Winthrop & Weinstine P.A. (ALD) 225 South Sixth Street, Suite 3500 Minneapolis, MN 55402 5310565v3 368750v2 SJB LN140 -25 EXHIBIT A LEGAL DESCRIPTION OF PROJECT The real property situated in Anoka County, Minnesota and legally described as follows: Lot Eleven (11), Block One (1), Willow Ponds of Lino Lakes, according to the plat and survey thereof on file and of record in the office of the County Recorder in and for Anoka County, Minnesota 368750v4 SJB LN 140 -25 • • • • EXHIBIT B DECLARATION OF COVENANT AND RESTRICTION This Declaration of Covenant and Restriction (this "Declaration ") is made as of this day of , 2010 by Lino Lakes Housing Limited Partnership, a Minnesota limited partnership "Declarant "). RECITALS WHEREAS, Declarant owns Lot Eleven (11), Block One (1), Willow Ponds of Lino Lakes, according to the plat and survey thereof on file and of record in the office of the County Recorder in and for Anoka County, Minnesota (the "Subject Property "); and WHEREAS, pursuant to that certain Contract for Private Redevelopment dated October 3, 1995 (the "Development Contract ") between the Lino Lakes Economic Development Authority (the "Authority ") and Cottage Homesteads of Willow Ponds Limited Partnership (the "Prior Developer "), the Prior Developer was required to imposed certain covenants and restrictions on the Subject Property pursuant to that certain Declaration of Covenant and Restriction dated as of August 23, 1995 (the "Covenants "); and WHEREAS, Declarant is the assignee and successor in interest to the Prior Developer with respect to the Subject Property and the Development Contract; and WHEREAS, pursuant to a First Amendment to Contract for Private Redevelopment and Subordination Agreement between Declarant and the Authority dated as of July 1, 2010 (the "First Amendment "), the Declarant was required to execute this Declaration to replace and supersede the Covenants in all respects; and WHEREAS, the Subject Property is improved with four buildings containing twelve multi- family residential units each, for a total of 48 units; and WHEREAS, of the 48 units, 47 are used for occupancy by residents (the "Occupied Units "), and one unit is used as a community room; and WHEREAS, the Authority requires that the Occupied Units be restricted as set forth herein; NOW, THEREFORE, Declarant hereby declares and imposes on the Subject Property the following covenant and restriction: 1. For the purposes of complying with the requirements imposed by the Authority, Declarant hereby declares that each of the 47 Occupied Units shall, to the extent occupied and not vacant, be occupied by at least one occupant who is fifty -five (55) years of age or older. 368750v4 SJB LN140 -25 2. The foregoing covenant and restriction shall expire on February 1, 2045 (the "Declaration Termination Date "). 3. By no later than February 1 of each year through the Declaration Termination Date, Declarant shall deliver to the Authority written evidence in a form reasonably satisfactory to the Authority, demonstrating that the Subject Property complies with the requirements of this Declaration. 4. Notwithstanding anything in this Declaration to the contrary, except the requirements in 26 U.S.C. 42(h)(6)(E)(ii), this Declaration is expressly subordinate to (i) the Mortgage Note dated as of dated July 1, 2010 (the "HUD Note ") executed by the Developer in favor of Dougherty Mortgage LLC, a Delaware limited liability company ("Lender"), (ii) the Mortgage dated July 1, 2010 (the "HUD Mortgage ") executed by the Developer in favor of Lender, (iii) the Regulatory Agreement for Multifamily Projects dated July 1, 2010 (the "HUD Regulatory Agreement ") executed by and between the Developer and the Secretary for Housing and Urban Development ( "HUD "), and (iv) all other documents executed by the Developer, Lender and /or HUD in connection with the HUD Note (collectively the "HUD Loan Documents "), and is subordinate to all applicable HUD mortgage insurance (and Section 8 of the U.S. Housing Act of 1937, if applicable) regulations and related administrative requirements. In the event of any conflict between the provisions of this Declaration and the provisions of applicable HUD regulations, related HUD administrative requirements, or HUD Loan Documents, the HUD regulations, related administrative requirements or HUD Loan Documents shall control. 5. In the event of foreclosure or transfer of title by deed in lieu of foreclosure, any and all land use covenants contained herein shall automatically terminate except those requirements set out in 26 U.S.C. 42(h)(6)(E)(ii). 6. Failure to comply with the covenants contained herein will not serve as a basis for default on any of the HUD Loan Documents. 7. The covenants contained in this Declaration are not included in any of the HUD Loan Documents. 8. Enforcement of the covenants contained herein will not result in any claim against the Property, the proceeds from the HUD Mortgage, any reserve or deposit required by HUD in connection with the HUD Mortgage transaction, or the rents or other income from the Property other than from available Surplus Cash, as defined in the HUD Regulatory Agreement. 9. So long as the Property is subject to a mortgage insured or held by HUD, no amendment shall be made to this Declaration without the prior written consent of HUD. 10. This Declaration may not be foreclosed upon or sold, transferred, assigned or pledged, without the prior written of consent of HUD of such foreclosure, conveyance, assignment or pledge. 368750v4 8.113 LN140 -25 • • • • • 11. No action shall be taken in accordance with the rights granted herein or prohibiting the Developer from taking any action except in strict accordance with the U.S. Housing Act of 1937 (the "Housing Act "), applicable mortgage insurance regulations, the HUD Loan Documents, or applicable public housing regulations under Sections 5 and 9 of the Housing Act, or if applicable, Section 8 of the Housing Act and the regulations thereunder. 12. The covenants contained in this Declaration shall not be construed to conflict with any applicable HUD mortgage insurance regulation, applicable public housing regulations, or Section 8 of the Housing Act and the regulations thereunder. 368750v4 SJB LN140 -25 [Signature Page to Follow] LINO LAKES HOUSING LIMITED PARTNERSHIP, a Minnesota limited partnership By: Lino Lakes Housing, LLC, a Minnesota limited liability company Its: General Partner By: Charles E. Riesenberg Its: Chief Manager STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2010, by Charles E. Riesenberg, the Chief Manager of LINO LAKES HOUSING, LLC, a Minnesota limited liability company, the General Partner of LINO LAKES HOUSING LIMITED PARTNERSHIP, a Minnesota limited partnership, on behalf of the limited partnership. Notary Public 368750v4 SJB LN 140 -25 • • • • • REGULATORY AGREEMENT FOR MULTIFAMILY HOUSING PROJECTS Dated: May 1, 2010 Executed by and between LINO LAKES HOUSING LIMITED PARTNERSHIP and SECRETARY OF HOUSING AND URBAN DEVELOPMENT 370937v1 SJB LNI40 -25 Regulatory Agreement for Multifamily Housing Projects U.S. Department of Housing And Urban Development Office of Housing Federal Housing Commissioner Under Sections 207, 220, 221(d)(4), 231 and 232, Except Nonprofits Project Number 092 -11264 Mortgagee DOUGHERTY MORTGAGE LLC Amount of Mortgage Note $2,791,100.00 Date As of May 1,2010 Mortgage Recorded State Minnesota Book County Anoka Page Date Concurrently herewith Originally endorsed for insurance under Section 207 pursuant to Section 223(f) This Agreement entered into this as of the 1" day of May, 2010 between LINO LAKES HOUSING LIMITED PARTNERSHIP, a Minnesota limited partnership, whose address is 162 Mississippi River Boulevard South, Suite One, St. Paul, Minnesota 55105, its successors and assigns (hereinafter referred to as "Owners ") and the SECRETARY OF HOUSING AND URBAN DEVELOPMENT and his successors (hereinafter referred to as "Secretary "). In consideration of the endorsement for insurance by the Secretary of the above described note or in consideration of the consent of the Secretary to the transfer of the mortgaged property or the sale and conveyance of the mortgaged property by the Secretary. and in order to comply with the requirements of the National Housing Act. as amended, and the Regulations adopted by the Secretary pursuant thereto, Owners agree for themselves, their successors and assigns. that in connection with the mortgaged property and the project operated thereon and so long as the contract of mortgage insurance continues in effect. and during such further period of time as the Secretary shall be the owner. holder or reinsurer of the mortgage, or during any time the Secretary is obligated to insure a mortgage on the mortgaged property: 1. Owners, except as limited by paragraph 17 hereof, assume and agree to make promptly all payments due under the note and mortgage. 2. (a) Owners shall establish or continue to maintain a separate reserve fund for replacements by the allocation to such reserve fund in a separate account with the mortgagee or in a safe and responsible depository designated by the mortgagee, concurrently with the beginning of payments towards amortization of the principal of the mortgage insured or held by the Secretary of (i) an amount equal to $1,272.92 per month for the reserve for replacements deposit, unless a different date or amount are approved in writing by the Secretary. The amounts of the monthly deposits to the reserve fund for replacements shall be subject to change in accordance with the requirements of the Secretary. In connection therewith. every ten (10) years. the Owners shall obtain a physical and capital needs assessment report (covering a period of at least twelve (12) years or two (2) years beyond the remaining term of the mortgage. whichever is shorter) for the Secretary to evaluate. The cost of such report may be paid from the reserve fund for replacements. In addition to the required monthly deposits to the said reserve funds. the Owners shall make an initial deposit to the reserve fund for replacements in the amount of $128,150.00. Such funds. whether in the form of a cash deposit or invested in obligations of. or fully guaranteed as to principal by, the United States of America shall at all times be under the control of the mortgagee. Disbursements from such fund. whether for the purpose of effecting replacement of structural elements and mechanical equipment of the project or for any other purpose, may be made only after receiving the consent in writing of the Secretary. In the event that the owner is unable to make a mortgage note payment on the due date and that payment cannot be made prior to the due day of the next such installment or when the mortgagee has agreed to forgo making an election to assign the mortgage to the Secretary based on a monetary default. or to withdraw an election already made, the Secretary is authorized to instruct the mortgagee to withdraw funds from the reserve fund for replacements to be applied to the mortgage payment in order to prevent or cure the default. In addition. in the event of a default in the terms of the mortgage. pursuant to which the loan has been accelerated, the Secretary may apply or authorize the application of the balance in such funds to the amount due on the mortgage debt as accelerated. (b) Where Owners are acquiring a project already subject to an insured mortgage, a reserve fund for replacements to be established will be equal to the amount due to be in such fund under existing agreements or charter provisions at the time Owners acquire such project. and payments hereunder shall begin with the first payment due on the mortgage after acquisition, unless some other method of establishing and maintaining the fund is approved in writing by the Secretary. 3. Real property covered by the mortgage and this agreement is described in Exhibit A attached hereto. (This paragraph 4 is not applicable to cases insured under Section 232.) 4. (a) Owners shall make dwelling accommodation and services of the project available to occupants at charges not exceeding those established in accordance with a rental schedule Replaces FHA -2466 which may be used until supply exhausted 370937v1 SJB LN140 -23 Page 1 of 10 Form HUD -92466 (11/2002) ref Handbook 4571.1 • • • • • • approved in writing by the Secretary. for any project subject to regulation of rent by the Secretary. Accommodations shall not be rented for a period of Tess than thirty (30) days. or. unless the mortgage is insured under Section 231. for more than three years. Commercial facilities shall be rented for such use and upon such terms as approved by the Secretary. Subleasing of dwelling accommodations. except for subleases of single dwelling accommodations by the tenant thereof. shall be prohibited without prior written approval of Owners and the Secretary and any lease shall so provide. Upon discovery of any unapproved sublease. Owners shall immediately demand cancellation and notify the Secretary thereof. (b) Upon prior written approval by the Secretary. Owners may charge to and receive from any tenant such amounts as from time to time may be mutually agreed upon between the tenant and the Owners for any facilities and/or services which may be furnished by the Owners or others to such tenant upon his request, in addition to the facilities and services included in the approved rental schedule. Approval of charges for facilities and services is not required for any project not subject to regulation of rent by the Secretary. (c) For any project subject to regulation of rent by the Secretary. the Secretary will at any time entertain a written request for a rent increase properly supported by substantiating evidence and within a reasonable time shall: (i) Approve a rental schedule that is necessary to compensate for any net increase, occurring since the last approved rental schedule, in taxes (other than income taxes) and operating and maintenance cost over which Owners have no effective control or; (ii) Deny the increase stating the reasons therefor. 5. (a) If the mortgage is originally a Secretary-held purchase money mortgage, or is originally endorsed for insurance under any Section other than Sections 231 or 232 and is not designed primarily for occupancy by elderly persons. Owners shall not in selecting tenants discriminate against any person or persons by reason of the fact that there are children in the family. (b) If the mortgage is originally endorsed for insurance under Section 221. Owners shall in selecting tenants give to displaced persons or families an absolute preference or priority of occupancy which shall be accomplished as fol lows: (1) For a period of sixty (60) days from the date of original offering, unless a shorter period of time is approved in writing by the Secretary, all units shall be held for such preferred applicants, after which time any remaining unrented units may be rented to non - preferred applicants; (2) Thereafter, and on a continuing basis, such preferred applicants shall be given preference over non- preferred applicants in their placement on a waiting list to be maintained by the Owners; and (3) Through such further provisions agreed to in writing by the parties. (c) Without the prior written approval of the Secretary not more than 25% of the number of units in a project insured under Section 231 shall be occupied by persons other than elderly persons. (d) All advertising or efforts to rent a project insured under Section 231 shall reflect a bona fide effort of the Owners to obtain occupancy by elderly persons. 6. Owners shall not without the prior written approval of the Secretary: (a) Convey, transfer. or encumber any of the mortgaged property. or permit the conveyance, transfer or encumbrance of such property. (b) Assign. transfer, dispose of, or encumber any personal property of the project, including rents. or pay out any funds except from surplus cash, except for reasonable operating expenses and necessary repairs. (c) Convey, assign, or transfer any beneficial interest in any trust holding title to the property, or the interest of any general partner in a partnership owning the property, or any right to manage or receive the rents and profits from the mortgaged property. (d) Remodel, add to, reconstruct, or demolish any part of the mortgaged property or subtract from any real or personal property of the project. (e) Make, or receive and retain, any distribution of assets or any income of any kind of the project except surplus cash and except on the following conditions: (1) All distributions shall be made only as of and after the end of a semiannual or annual fiscal period, and only as permitted by the law of the applicable jurisdiction; (2) No distribution shall be made from borrowed funds, prior to the completion of the project or when there is any default under this Agreement or under the note or mortgage: (3) Any distribution of any funds of the project, which the party receiving such funds is not entitled to retain hereunder, shall be held in trust separate and apart from any other funds; and (4) There shall have been compliance with all outstanding notices of requirements for proper maintenance of the project. (t) Engage, except for natural persons, in any other business or activity, including the operation of any other rental project. Replaces FHA -2466 which may be used until supply exhausted 370937v1 SJB LN140 -25 Page 2 of 10 Form HUD -92466 (11/2002) ref Handbook 4571.1 (g) or incur any liability or obligation not in connection with the project. Require. as a condition of the occupancy or leasing of any unit in the project. any consideration or deposit other than the prepayment of the first month's rent plus a security deposit in an amount not in excess of one month's rent to guarantee the performance of the covenants of the lease. Any funds collected as security deposits shall be kept separate and apart from all other funds of the project in a trust account the amount of which shall at all times equal or exceed the aggregate of all outstanding obligations under said account. (h) Permit the use of the dwelling accommodations or nursing facilities of the project for any purpose except the use which was originally intended. or permit commercial use greater than that originally approved by the Secretary. 7. Owners shall maintain the mortgaged premises. accommodations and the grounds and equipment appurtenant thereto. in good repair and condition. In the event all or any of the buildings covered by the mortgage shall be destroyed or damaged by fire or other casualty. the money derived from any insurance on the property shall be applied in accordance with the terms of the mortgage. 8. Owners shall not file any petition in bankruptcy or for a receiver or in insolvency or for reorganization or composition, or make any assignment for the benefit of creditors or to a trustee for creditors. or permit an adjudication in bankruptcy or the taking possession of the mortgaged property or any part thereof by a receiver or the seizure and sale of the mortgaged property or any part thereof under judicial process or pursuant to any power of sale. and fail to have such adverse actions set aside within forty - five (45) days. 9. (a) Any management contract entered into by Owners or any of them involving the project shall contain a provision that. in the event of default hereunder, it shall be subject to termination without penalty upon written request by the Secretary. Upon such request Owners shall immediately arrange to terminate the contract within a period of not more than thirty (30) days and shall make arrangements satisfactory to the Secretary for continuing proper management of the project. (b) Payment for services. supplies. or materials shall not exceed the amount ordinarily paid for such services. supplies. or materials in the area where the services are rendered or the supplies or materials furnished. (c) The mortgaged property. equipment. buildings, plans. offices. apparatus. devices. books. contracts. records. documents. and other papers relating thereto shall at all times be maintained in reasonable condition for proper audit and subject to examination and inspection at any reasonable time by the Secretary or his duly authorized agents. Owners shall keep copies of all written contracts or other instruments which affect the mortgaged property. all or any of which may be subject to inspection and examination by the Secretary or his duly authorized agents. (d) The books and accounts of the operations of the mortgaged property and of the project shall be kept in accordance with the requirements of the Secretary. (e) Within sixty (60) days following the end of each fiscal year the Secretary shall be fumished with a complete annual financial report based upon an examination of the books and records of mortgagor prepared in accordance with the requirements of the Secretary. prepared and certified to by an officer or responsible Owner and. when required by the Secretary. prepared and certified by a Certified Public Accountant. or other person acceptable to the Secretary. (f) (g) At request of the Secretary. his agents. employees. or attorneys. the Owners shall furnish monthly occupancy reports and shall give specific answers to questions upon which information is desired from time to time relative to income. assets. liabilities. contracts. operation. and condition of the property and the status of the insured mortgage. All rents and other receipts of the project shall be deposited in the name of the project in a financial institution. whose deposits are insured by an agency of the Federal Government. Such funds shall be withdrawn only in accordance with the provisions of this Agreement for expenses of the project or for distributions of surplus cash as permitted by paragraph 6(e) above. Any Owner receiving funds of the project other than by such distribution of surplus cash shall immediately deposit such funds in the project bank account and failing so to do in violation of this Agreement shall hold such funds in trust. Any Owner receiving property of the project in violation of this Agreement shall hold such funds in trust. At such time as the Owners shall have lost control and /or possession of the project. all funds held in trust shall be delivered to the mortgagee to the extent that the mortgage indebtedness has not been satisfied. (h) if the mortgage is insured under Section 232: (1) This facility is developed as an assisted living facility for the frail elderly (62 years or older and require assistance with three or more activities of daily living). The Owners or les.,ees hall at all times maintain in full project as an _ unit assisted living facility and shall not lease all or part of the project except on terrna (2) The Owners shall suitably equip the project for assisted C Financing Statement (or other form of chattel lien) upon all items of equipment. except as the Secretary may exempt. which are not incorporated as security for the insured mortgage. The Security Agreement and Replaces FHA -2466 which may be used until supply exhausted 370937v1 SJB LN140 -25 Page 3 of 10 Form HUD -92466 (11/2002) ref Handbook 4571.1 • • • • • • Financinz Statement shall constitute a first lien upon mortgagee as additional security for the insured mortga ^e. (i) If the mortgage is insured under Section 231. Owners or lessees shall at all times maintain in full force and effect from thc state or other licensing authority such license as may be required to operate the project as housing for the elderly. (4) The Owner and /or Lessee and /or Operator and /or requisite level of professional liability insurance as determined by thc Commissioner. Annually. the Management Agency. as applicable. provides to 10. Owners will comply with the provisions of any Federal. State. or local law prohibiting discrimination in housing on the grounds of race. color. religion or creed. sex. or national origin, including Title VIiI of the Civil Rights Act of 1968 (Public Law 90 -284; 82 Stat. 73). as amended. Executive Order 11063. and all requirements imposed by or pursuant to the regulations of the Department of Housing and Urban Development implementing these authorities (including 24 CFR Parts 100, 107 and 110. and Subparts I and M of Part 200). 11. Upon a violation of any of the above provisions of this Agreement by Owners, the Secretary may give written notice thereof. to Owners. by registered or certified mail. addressed to the addresses stated in this Agreement, or such other addresses as may subsequently. upon appropriate written notice thereof to the Secretary. be designated by the Owners as their legal business address. If such violation is not corrected to the satisfaction of the Secretary within thirty (30) days after the date such notice is mailed or within such further time as the Secretary determines is necessary to correct the violation. without further notice the Secretary may declare a default under this Agreement effective on the date of such declaration of default and upon such default the Secretary may: (a) (i) If the Secretary holds the note - declare the whole of said indebtedness immediately due and payable and then proceed with the foreclosure of the mortgage; (ii) If said note is not held by the Secretary - notify the holder of the note of such default and request holder to declare a default under the note and mortgage. and holder after receiving such notice and request. but not otherwise. at its option. may declare the whole indebtedness due. and thereupon proceed with foreclosure of the mortgage. or assign the note and mortgage to the Secretary as provided in the Regula- tions: (b) Collect all rents and charges in connection with the operation of the project and use such collections to pay the Owners' obligations under this Agreement and under the note and mortgage and the necessary expenses of preserving the property and operating the project. (c) Take possession of the project. bring any action necessary to enforce any rights of the Owners growing out of the project operation. and operate the project in accordance with the teens of this Agreement until such time as the Secretary in his discretion determines that the Owners are again in a position to operate the project in accordance with the terms of this Agreement and in compliance with the requirements of the note and mortgage. (d) Apply to any court. State or Federal. for specific performance of this Agreement. for an injunction against any violation of the Agreement. for the appointment of a receiver to take over and operate the project in accordance with the terms of the Agreement. or for such other relief as may be appropriate, since the injury to the Secretary arising from a default under any of the terms of this Agreement would be irreparable and the amount of damage would be difficult to ascertain. 12. As security for the payment due under this Agreement to the reserve fund for replacements. and to secure the Secretary because of his liability under the endorsement of the note for insurance. and as security for the other obligations under this Agreement. the Owners respectively assign. pledge and mortgage to the Secretary their rights to the rents. profits, income and charges of whatsoever sort which they may receive or be entitled to receive from the operation of the mortgaged property. subject, however, to any assignment of rents in the insured mortgage referred to herein. Until a default is declared under this Agreement. however. permission is granted to Owners to collect and retain under the provisions of this Agreement such rents, profits. income. and charges, but upon default this permission is terminated as to all rents due or collected thereafter. 13. As used in this Agreement the term: (a) "Mortgage" includes "Deed of Trust". "Chattel Mortgage ". "Security Instrument ". and any other security for the note identified herein, and endorsed for insurance or held by the Secretary; (b) "Mortgagee" refers to the holder of the mortgage identified herein, its successors and assigns; (c) "Owners" refers to the persons named in the first paragraph hereof and designated as Owners. their successors. heirs and assigns; (d) "Mortgaged Property" includes all property. real. personal or mixed. covered by the mortgage or mortgages securing the note endorsed for insurance or held by the Secretary; (e) "Project" includes the mortgaged property and all its other assets of whatsoever nature or wheresoever situate. used in or owned by the business conducted on said mortgaged property. which business is providing assisted living housing and services and other activities as are incidental thereto: Replaces FHA -2466 which may be used until supply exhausted 370937v1 SJB LN I40 -25 Page 4 of 10 Form HUD -92466 (11/2002) ref Handbook 4571.1 (f) "Surplus Cash" means any cash remaining after: (g) (1) the payment of: (i) All sums due or currently required to be paid under the terms of any mortgage or note insured or held by the Secretary: (ii) All amounts required to be deposited in the reserve fund for replacements: (iii) All obligations of the project other than the insured mortgage unless funds for payment are set aside or deferment of payment has been approved by the Secretary; and (2) the segregation of: (i) An amount equal to the aggregate of all special funds required to be maintained by the project; and (ii) All tenant security deposits held. "Distribution" means any withdrawal or taking of cash or any assets of the project. including the segregation of cash or assets for subsequent withdrawal within the limitations of Paragraph 6(e) hereof, and excluding payment for reasonable expenses incident to the operation and maintenance of the project. (h) '`Default" means a default declared by the Secretary when a violation of this Agreement is not corrected to his satisfaction within the time allowed by this Agreement or such further time as may be allowed by the Secretary after written notice: (i) "Section" refers to a Section of the National Housing Act, as amended. (j) "Displaced persons or families" shall mean a family or families. or a person. displaced from an urban renewal area. or as the result of government action, or as a result of a major disaster as determined by the President pursuant to the Disaster Relief Act of 1970. (k) "Elderly person" means any person. married or single. who is sixty -two years of age or over. 14. This instrument shall bind. and the benefits shall inure to, the respective Owners. their heirs, legal representatives. executors, administrators, successors in office or interest. and assigns, and to the Secretary and his successors so long as the contract of mortgage insurance continues in effect. and during such further time as the Secretary shall be the owner. holder, or reinsurer of the mortgage. or obligated to reinsure the mortgage. 15. Owners warrant that they have not. and will not. execute any other agreement with provisions contradictory of. or in opposition to. the provisions hereof and that. in any event. the requirements of this Agreement are paramount and controlling as to the rights and obligations set forth and supersede any other requirements in conflict therewith. 16. The invalidity of any clause. part or provisions of this Agreement shall not affect the validity Of of the remaining portions thereof. 17. The following Owners: Lino Lakes Housing Limited Partnership. and its general partner. Lino Lakes Housing. LLC. a Minnesota limited liability company. or any other partner. present or future. do not assume personal liability for payments due under the note and mortgage. or for the payments to the reserve for replacements. or for matters not under their control. provided that said Owners shall remain liable under this Agreement only with respect to the matters hereinafter stated; namely: (a) for funds or property of the project coming into their hands which. by the provisions hereof. they are not entitled to retain: and (b) for their own acts and deeds or acts and deeds of others which they have authorized in violation of the provisions hereof. 18. Multiple Counterparts. This Agreement may be executed in counterparts. each of which will be an original, but which, taken together. will constitute one and the same Agreement. Continued on Exhibit B attached hereto and incorporated herein by reference. (To be executed with formalities for recording a deed to real estate.) Replaces FHA -2466 which may be used until supply Page 5 of 10 exhausted 370937v1 SJB LN140 -25 Form HUD -92466 (11/2002) ref Handbook 4571.1 • • • • • IN WITNESS WHEREOF, the parties have duly executed this Agreement the day and year first above written. LINO LAKES HOUSING LIMITED PARTNERSHIP, a Minnesota limited partnership By: Lino Lakes Housing, LLC, a Minnesota liability company Its: General Partner By: Charles E. Riesenberg Its: Chief Manager STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of May, 2010, by Charles E. Riesenberg, the Chief Manager of Lino Lakes Housing, LLC, a Minnesota liability company, the General Partner of Lino Lakes Housing Limited Partnership, a Minnesota limited partnership, for and on behalf of such limited partnership. Notary Public Replaces FHA -2466 which may be used until supply Page 6 of 10 exhausted 370937v1 SJB LN140 -25 Form HUD -92466 (11/2002) ref Handbook 4571.1 Signature Page to Regulatory Agreement for Multifamily Projects SECRETARY OF HOUSING AND URBAN DEVELOPMENT acting by and through the FEDERAL HOUSING COMMISSIONER By: STATE OF MINNESOTA ) ) SS COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of May, 2010, by , Multifamily Housing Division, Minneapolis -St. Paul Office, Department of Housing and Urban Development on behalf of the Secretary of Housing and Urban Development, under the authority given under Section 7(d) of the Department of Housing and Urban Development Act, 42 U.S.C. 3535(d) and 68 F.R. 50161. NOTARY PUBLIC THIS INSTRUMENT WAS DRAFTED BY: Amy L. DuMond, Esq. Winthrop & Weinstine, P.A. 225 South Sixth Street, Suite 3500 Minneapolis, Minnesota 55402 -4629 4800939v5 13761.18 Replaces FHA -2466 which may be used until supply Page 7 of 10 exhausted 370937v1 SJB LN140 -25 Form HUD -92466 (11/2002) ref Handbook 4571.1 • • • • • • EXHIBIT A LEGAL DESCRIPTION The real property situated in Anoka County, Minnesota and legally described as follows: Lot Eleven (11), Block One (1), Willow Ponds of Lino Lakes, according to the plat and survey thereof on file and of record in the office of the County Recorder in and for Anoka County, Minnesota Replaces FHA -2466 which may be used until supply Page 8 of 10 exhausted 370937v1 SJB LNI40 -25 Form HUD -92466 (11/2002) ref Handbook 4571.1 EXHIBIT B CONTINUATION OF REGULATORY REQUIREMENTS 19. If any new management agent, contractor, sponsor, or Owner entities or principals become involved in the project after endorsement, HUD 2530 forms must be submitted and approved by the Secretary for each. All changes or transfers of ownership after endorsement of the mortgage must include personal and corporate financial statements with FHA Form 2417 certifications, credit reports, and 2013 Supplement "Bank and Trade References." After initial endorsement of the Note, any future transfer of ownership interest in the project will be subject to review and approval by the Secretary. This would include a review of credit reports, bank and trade references, and current financial statements on any new owners. 20. Notwithstanding anything to the contrary set forth in Section 9(e) of this Agreement, the Owners shall have a period of ninety (90) days following the end of each fiscal year to provide Mortgagee with a complete annual financial report as outlined in Section 9(e) of this Agreement. 21. All licenses and operating permits must be owned by the Project and be subject to the mortgage. They must not be transferred without the written permission of the Secretary. 22. The following is hereby added to the end of Paragraph 6 of the Agreement: (i) Permit any conveyance, assignment, or transfer of any direct or indirect legal or beneficial interest in the Owners that requires approval of the Secretary under (i) the Secretary's transfer of physical assets requirements and procedures and/or (ii) the Secretary's previous participation approval requirements and procedures. (j) Enter into, or agree to the assignment of, any ground or commercial lease for all or part of the mortgaged property. (k) Enter into any amendment of any operating or commercial lease of all or any part of the mortgaged property that (i) reduces the rent or other payments due thereunder, (ii) increases the obligations of the Owners or the rights of the lessee, (iii) decreases the rights of the Owners or the obligations of the lessee, or (iv) alters any provision of such lease required by the Secretary to be included therein. 23. Notices sent pursuant to Paragraph 11 of the Agreement may be sent by registered or certified mail, hand delivery or by a nationally recognized overnight delivery service. 24. Owner shall lease the residential units so that forty -seven (47) units in the Project are occupied by at least one occupant who is an Elderly Person. [Signature Page to Follow] Replaces FHA -2466 which may be used until supply Page 9 of 10 exhausted 370937v1 SJB LN140 -25 Form HUD -92466 (11/2002) ref Handbook 4571.1 • • LINO LAKES HOUSING LIMITED PARTNERSHIP, a Minnesota limited partnership By: Lino Lakes Housing, LLC, a Minnesota liability company Its: General Partner By: Charles E. Riesenberg Its: Chief Manager STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of May, 2010, by Charles E. Riesenberg, the Chief Manager of Lino Lakes Housing, LLC, a Minnesota liability company, the General Partner of Lino Lakes Housing Limited Partnership, a Minnesota limited partnership, for and on behalf of such limited partnership. Notary Public Replaces FHA -2466 which may be used until supply Page 10 of 10 exhausted 370937v1 SJB LN 140 -25 Form HUD -92466 (11/2002) ref Handbook 4571.1 DOUGHERTY MORTGAGE LLC May 25, 2010 Mr. Charles Riesenberg Lino Lakes Housing Limited Partnership c/o Community Capital Financial Advisory Service, Inc. 162 Mississippi River Boulevard South, Suite One St. Paul, MN 55105 Re: Cottage Homesteads of Willow Pond Lino Lakes, Minnesota Dear Chuck: It is our understanding that you have been communicating with the City of Lino Lakes (the "City ") regarding the subordination of the Contract for Private Redevelopment and Declaration of Covenants which is part thereof to the first mortgage loan to be made by Dougherty Mortgage LLC to Lino Lakes Housing Limited Partnership, which loan is insured by the United States Department of Housing and Urban Development. You have requested clarification as to the HUD insurance claim process and potential outcomes for housing projects following a default under a HUD - insured loan. The following is a brief summary of the claims process and the potential outcomes based on our experience with HUD and our knowledge of the multifamily industry. As you know, if a borrower defaults on a HUD - insured loan, the lender has the option to make an insurance claim to HUD for repayment to the lender of all outstanding indebtedness. Upon payment to the lender of the indebtedness, the loan and all loan documents, including the promissory note, mortgage and security agreements, are assigned by the lender to HUD. HUD steps into the place of the lender and may continue as lender in the loan transaction. As lender, HUD may exercise any options or remedies available to commercial lenders, including but not limited to, modifying the loan terms to reflect the borrower's and project's ability to make payments, extending the term of the loan, or bring a foreclosure action to gain ownership of the project. While these options are available to HUD, in most instances, HUD will choose to sell the loan to another lender through a public note sale. The purchase price for the loan is usually substantially less than the actual outstanding indebtedness and HUD takes a loss on nearly every loan it sells. Upon payment of the note purchase price, HUD assigns the loan and all of the loan documents executed in connection therewith to the purchasing lender, other than the regulatory agreement entered into by the borrower and HUD at the initial loan closing. The regulatory agreement is terminated upon the assignment of the loan from HUD to the purchasing lender. 90 SOUTH SEVENTH STREET • SUITE 4300 • MINNEAPOLIS, MINNESOTA S5402.4108 612.317.2100 • 866.922.0786 • • • Mr. Charles Riesenberg May 25, 2010 Page 2 As the purchasing lender has purchased the loan at a discount, the purchasing lender has the ability to renegotiate and modify the loan terms to amounts which are payable by the borrower and the project. These modifications have included reductions in outstanding indebtedness and interest rates payable, re- amortization of the loan amount and extensions of the loan period. If the project is operating at some level of profit, many purchasing lenders have been willing to forego foreclosure in lieu of receiving monthly payments under the loan. This does not happen in every loan, and as the underlying loan is in default, the purchasing lender may foreclose on the project. Based on our discussions with HUD and other multifamily lenders, foreclosures of projects have occurred but only in a few instances. Per HUD, in Minnesota less than ten (10) projects have been foreclosed in the last five (5) years. It is our understanding that none of these foreclosed projects have been housing for seniors or elderly persons. � We hope this summary assists you in your conversations with the City. If you require any additional information from us, please do not hesitate to contact me. Sincerely, DOUGHERTY MORTGAGE LLC Tom Tresa Engel Vice President 5251830v1 • WS — Item 2 WORK SESSION STAFF REPORT Work Session Item Date: July 6, 2010 To: City Council From: Tim Payne, Natural Resources Specialist Re: 2009 Stormwater Pollution Prevention Plan Accomplishments Background In compliance with the provisions of the Clean Water Act, as amended, (33 U.S.C. 1251 et. Seq., 40CFR 122, 123 and 124, as amended et seq.); Minnesota Statutes Chapters 115 and 116, as amended, and Minnesota Rules Chapter 7001, the City of Lino Lakes has adopted a Storm Water Pollution Prevention Plan (SWPPP) and authorized its submittal to the Minnesota Pollution Control Agency as part of the City's application for enrollment in the State of Minnesota's General National Pollution Discharge Elimination System Phase II Permit program. The permit authorizes the City to discharge storm water. An annual public hearing pertaining to the SWPPP was held at an Environmental Board meeting on April 28, 2010. Analysis: According to the 1996 National Water Quality Inventory, stormwater runoff is a leading source of water pollution. Stormwater runoff can harm surface waters such as rivers, lakes, and streams which in turn cause or contribute to water quality standards being exceeded. Stormwater runoff can change natural hydrologic patterns, accelerate stream flows, destroy aquatic habitats, and elevate pollutant concentrations and loadings. Development substantially increases impervious surfaces thereby increasing runoff from city streets, driveways, parking lots, and sidewalks, on which pollutants from human activities settle. Common pollutants in runoff include pesticides, fertilizers, oils, metals, pathogens, salt, sediment, litter and other debris are transported via stomiwater and discharged — untreated — to water resources through storm sewer systems. 1 The Stormwater Program for Municipal Separate Storm Sewer Systems (MS4's) is designed to reduce the amount of sediment and pollution that enters surface and ground water from storm sewer systems to the maximum extent practicable. Stormwater discharges associated with MS4's are regulated through the use of National Pollutant Discharge Elimination System (NPDES) permits. NPDES permits are legal documents. Through this permit, the City is required to develop a Stormwater Pollution Prevention Program (SWPPP) that incorporates Best Management Practices (BMP's) applicable to their MS4. Below is a list of the accomplishments of the City of Lino Lakes in implementing identified best management practices (BMP's). AL- 2009 Best Management Practice Implementation and Accomplishments: Public Education and Outreach • Quarterly newsletter articles on residential clean-water initiatives to increase public involvement in the following: resident BMP's for their property to improve surface water runoff quality including pet -waste management, soil management, irrigation management, water conservation, and impervious surface management. • Maintained a kiosk of information on environmental issues such as recycling, water quality improvement, forestry issues, and NPDES Phase II/MS4 fact sheets for residents. • Held an Arbor Day Celebration at Lino Lakes Elementary and hosted Tricia and the Toones who tailored their entertainment/presentation to recycling and importance to clean water issues. • Maintained Blue Thumb membership with the Rice Creek Watershed District (RCWD). • Maintained a page on the City Website related to NPDES requirements for MS4's and Best Management Practices for residents. Public Participation and Involvement • Held public meeting on April 29, 2009 pertaining the purpose, goals and requirements of the City SWPPP. • Solicited comments, suggestions and questions from the public. • No plan adjustment at this time. Illicit Discharge Detection and Elimination • Continued to improve and update a GIS map and spatial database of the City's storm sewer system. • Created an Illicit Discharge Detection and Elimination Plan that includes procedures, report form, identification of non- stormwater flows, etc. • Introduced field staff to the Illicit Discharge Detection and Elimination Plan and discussed their role within the plan. 2 • • Developing an Illicit Discharge Detection and Elimination regulatory mechanism within a comprehensive stormwater ordinance (for 2010). • The City continues to work with Rice Creek Watershed District on Illicit Discharge education for residents. • City employees continue to attend and maintain NPDES /stormwater related certifications from the State of Minnesota. Construction Site Stormwater Runoff Control • The City performs regular site inspection of all construction sites under NPDES permits (37 notices of violation and 4 correction orders at 17 constructions sites in 2009). • Contractor education packets were sent out to 23 construction contractors and homebuilders just prior to construction season. • The City is developing an erosion prevention and sediment control regulatory mechanism within a comprehensive stormwater ordinance (for 2010). The City of Lino Lakes has adopted and presently enforces Ordinances 03 -08 Section 3 Subd. 4 L & Subd. 11.; Subdivision Ordinance 04 -03; Surface Water Management Plan Adopted December 2005. Post - construction Stormwater Management in New Development and Redevelopment • The City monitors post construction BMP performance & runoff of public facilities through regular site inspections. • City staff frequently functions as the "eyes" for commercial and industrial facilities (i.e., identifying and reporting BMP deficiencies). • The City continues to develop a database of private facilities to ensure future adherence to maintenance agreements. • Collaborated with RCWD and ACD to study a potential raingarden retrofit project within the Rice Lake watershed to accomplish volume and nutrient reduction. • Developing a Post Construction Runoff from New and Redevelopment regulatory mechanism within a comprehensive stormwater ordinance (for 2010). Pollution Prevention and Good Housekeeping for Municipal Operations • Continue to train City field staff (public works) in the areas of illicit discharge, construction site practices, and pollution prevention. • The City sweeps all impervious surfaces twice a year. Street sweepings occur in early spring as weather allows and again in the fall after leaf off and prior to hydrant flushing. • The City annually inspects all structural pollution control devices such as trap manholes, grit chambers, sumps, and other settling or filter devices and retains inspection information. The City inspects 20% of the MS4 outfalls, sediment basins 3 and ponds each year and retains inspection information. Inspections in 2009 included 82 structural pollution prevention devices, 71 ponds, 26 outfalls, 425 catch basins /manholes, 235 aprons /flared end sections. 2010 Best Management Practice and Implementation Goals: • Continue to utilize a full time equivalent NPDES inspector. • Public education will be emphasized in 2010. • Educate the general public through pamphlets, mailings and city newsletter. • Educate contractors about site erosion and mitigation practices. • Promote school or volunteer organizations participation, Worked on environmental education curriculum with the Centennial School District. • Continue to educate City Staff in the areas of pollution prevention/good housekeeping, illicit discharge detection and elimination and construction practices. Attachments None Requested Council Direction No action necessary 4 i' 1 • • .r :x. ..- r:. . ". MiSSIMM ema • cf) w -0 coCDca X0,3 -� -. 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Short, Elliott, Hendrickson Inc., (SEH), the city's consulting engineer, is completing an updated draft of the study. Representatives from SEH will be at the meeting to present the study and to answer council questions. If the council wishes to proceed the next steps in the process would include the following: July 13 & July 20 Notice of Public Hearing published in Quad Community Press July 27 Public Information Meeting (tentative date) Aug. 9 1 st Reading (Regular Council Meeting) Aug. 23 2nd Reading (Regular Council Meeting) Pass Ordinance Aug. 31 Ordinance Published in Quad Community Press Sep. 30 Storm Water Utility Ordinance becomes effective Council Direction At this time staff is requesting council comments on the draft study and direction on whether to proceed with the public hearing notice. 1 SEH AGENDA Pr5-1/A4 b a-t d 0 Wk. Lino Lakes Storm Water Utility July 7, 2010 5:30 pm City Hall I. Introduction A. Storm Water Utility 1. User fee to cover storm water management costs II. Current City costs that would be covered by the Storm Water Utility A. Baseline Costs 1. NPDES MS4 Program a. Education b. Reporting c. System Inventory and Maintenance d. Illicit Discharge Reporting 2. Maintenance a. Street Sweeping b. Pond Dredging c. Storm Sewer System Cleaning 3. Personnel S51 ( III. Ordinance and Public Process A. Should the City choose to move forward; B. Send out the Public Notice tomorrow C. Publish Notice for 2 consecutive weeks D. Public Information Meeting (informal) E. Hold a Public Hearing / lst Reading of the Ordinance F. 2nd Reading — City Council vote G. Ordinance must be published for 30 days before it becomes effective IV. Implementation 1. City staff will work with current billing system to add the Storm Water Utility charge 2. Revenue will begin once the billing is set up and tested. s:\ko \I \linol\ 112316 \ swu-report-2010\council-agenda-070710.docx Page 1 Feasibility Study Financing Alternatives for Lino Lakes' Storm Water Management Program Lino Lakes, Minnesota July 6, 2010: SEH Multidisciplined. Single Source. Trusted Solutions. Executive Summary As the City of Lino Lakes continues to develop and grow, the impact of urbanization on the City's surface water resources continues to increase. In an effort to maintain and improve the existing drainage system, mitigate the impacts of past and future development and meet the anticipated needs of the National Pollutant Discharge Elimination System (NPDES) storm water regulatory program, Lino Lakes realizes the need to continue to develop and implement a comprehensive surface water management program to meet their goals. The surface water management planning process typically involves four steps. 1. Assessment of the current situation; 2. Analysis of existing and proposed management strategies; 3. Development of program goals and policies, and 4. Identification and Implementation of Capital Improvements. In order to finance this program the City has requested this study of a Storm Water Management Utility. The purpose of this study is to identify how the city might utilize the utility to finance their Storm Water Management Program. For this study, we have evaluated six (6) alternative methods of funding the Lino Lakes Storm Water Management Program: 1. General Funds/ Ad Valorem Taxes 2. Special Assessments 3. Impact Fees 4. Grants 5. Special Tax Districts 6. Storm Water Utility Program Implementation Through an integrated, comprehensive planning approach, Lino Lakes can effectively manage existing and new development without degrading the valuable water resources. Without proper funding, the program can become vulnerable when competing against other general fund items or budget constraints. The Financing Dilemma The cost of constructing, operating, and maintaining storm water facilities continues to increase along with other municipal costs. In fact, the storm drainage system is often the last and most expensive public utility for cities to develop. Baseline costs are the minimum costs to the City that occur annually regardless of property value, economy, and size. These costs typically include personnel, education, maintenance, and reporting, which are mandated through the NPDES MS4 program. There are also normal operating costs that fall under baseline costs. Traditional methods of financing storm water improvements have become more complex in recent years. Faced with increasing costs and continuous pressure to minimize property taxes, cities may lack the financial resources to undertake a multi -year storm water management program. In Lino Lakes, general funds, special Feasibility Study 112316 City of Lino Lakes, Minnesota assessments and the City's Surface Water Management Fund have typically financed most of the necessary improvements in the past. The Storm Water Utility (also referred to in other communities as a Surface Water Utility) is a funding source that can address the financing dilemma without increasing property taxes. Service charges, which have been used by communities to finance sanitary sewer and water utilities, are also being applied to surface water management (Jouseau, 1983). The storm water utility approach is gaining recognition as the most equitable way to finance storm water management activities (Honchell, 1986). This trend has continued for more that 20 years. Selecting the Best Option In evaluating financing options, the following criteria were considered: Fair • Charges are based on the volume of storm water runoff, not property value. • Land Use (Intensity of Development). • Sound Engineering Basis. Utilizes commonly accepted engineering formulas for calculating runoff utilizing runoff Curve Numbers (CN). This methodology is known as Equivalent Hydrologic Area. • The fee should represent a "users pay" philosophy. The more runoff a user property contributes, the more they should pay. • Operation and Maintenance costs increase yearly, placing increased pressure on the general levy (ad valorem) vs. a utility fee based on users pay and the actual budget based upon these costs. Dependable • No competition with the general fund. • Consistent source of revenue. • Separate, dedicated fund. • Helps increase the score in the finance section (matching funds) of grant applications. Acceptable • No increase in property tax. • A "user fee ", the more you contribute...the more you pay. • Small service charge vs. large, one time assessment. • Understandable rational for the charge and engineering sound. Simple and Flexible • Use current billing system • Includes credits, exemptions and appeals process Feasibility Study 112316 City of Lino Lakes, Minnesota 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 The following tables identify how the rating criteria are applied to the six funding alternatives. Storm Water Funding Alternatives Comparison Feasibility Study 112316 City of Lino Lakes, Minnesota Ad Valorem Taxes Special Assessments Impact Fees Grants Special Tax District User Fee Storm Water Utility Fair Charge Based on runoff NO MAYBE MAYBE NO NO YES Charge not based upon property value NO MAYBE MAYBE YES MAYBE YES Engineering sound and defendable NO YES YES YES YES YES "Users Pay" NO NO YES NO YES YES Can finance the maintenance of the entire system YES NO NO NO NO YES Dependable Does not compete with the general fund NO YES YES YES NO YES Consistent source of funding NO NO NO NO YES YES Separate Dedicated Fund NO YES YES YES YES YES Increase score in finance section of grant applications (matching funds) NO MAYBE MAYBE NO MAYBE YES Acceptable No increase in Property Tax NO YES YES NO MAYBE YES User Fee NO NO YES NO MAYBE YES Not a Tax NO NO YES YES NO YES Understandable and explainable rationale YES YES YES YES YES YES Feasibility Study 112316 City of Lino Lakes, Minnesota Simple and Flexible Uses current billing system YES YES MAYBE NA MAYBE YES Includes a credit, exemptions and appeals process NO MAYBE MAYBE NA MAYBE YES Cost effective to bill YES YES YES NA YES YES Legally defendable YES YES YES NA NO YES The Proposed Methodology: A Storm Water Utility As the previous chart demonstrates, the Stonn Water Utility is the optimal choice as the funding mechanism for Lino Lakes Storm Water Management program. The Storm Water Utility is a proven methodology that is fair, dependable, and acceptable and is relatively simple to implement and flexible enough to incorporate the needed credits and exemptions to support the storm water program goals and objectives. What is a Storm Water Utility? Let's start with what the utility is not. The utility is not a new level of government, nor is the utility a new tax. The utility is simply a method of financing the baseline costs such as administration, planning, implementation, and maintenance of storm water management programs (surface water plan) and NPDES program costs. The utility is a service charge or fee. A utility fee is typically charged against all developed parcels based on the premise of "contributors pay". Where land is in a natural state, most rain soaks into the ground or is retained in small depressions. Where development has been prevalent, rooftops, driveways, and parking lots prevent rainfall from soaking into the ground. The rain runs off into streets, ditches, ponds and lakes, creating the need for drainage systems to protect the quality of our water resources. Therefore, the fee is based on how much storm water runoff a particular land use contributes. This consistent, dependable revenue source provides a dedicated fund to manage the drainage system and water quality improvements without increasing property taxes or using assessments. A utility also provides the means to handle the increasing costs through small adjustments in the utility charges. Rate Structure The utility approach is based on the concept "contributors pay ". The rate structure is based on land use type, density, parcel size, and the amount of runoff and /or pollution load contributed by a particular parcel. The general runoff equation is: Q= (P - 0.2S)2 P + 0.8S Q = Actual P = Potential Maximum Runoff S = Potential Maximum Retention Runoff S = (1000 /CN) - 10 Feasibility Study 112316 City of Lino Lakes, Minnesota 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 The "S" term can be expressed in terms of the runoff index, or curve number (CN). The graph below, demonstrates the increased amount of runoff generated by different land use types. This chart clearly demonstrates why a parking lot (with runoff of approximately 1.7 inches) should pay more per acre than a single - family home with runoff of approximately 0.3 inches. The calculations below are based upon a 2 inch rainfall in an area with sandy soils. Runoff (Inches) 1.80- 1.60- 1.40 - 1.20- 1.00- 0.80- 0.60- 0.40- 0.20- NRCS /SCS Runoff Model 0.00 - u,_ —: i oy oc oc o Q° ca ca i0 °° °° m m Q° h J Q Q__ y F moo` Q`d Cy &• i Jy c tV U° O °j Qm Assumptions: P_2„ Type B Soil Soil Mosture Condition II How Will the Utility Benefit Lino Lakes? The utility benefits the community by providing a dedicated fund for surface water management activities, including the required activities under the National Pollutant Discharge Elimination System (NPDES) Storm Water Permit Program. In addition to the required Storm Water Pollution Prevention Plan (SWPPP) activities, benefits may also be realized more generally in the following areas: • Flood reduction and protection; • Water quality improvements; • Wetland protection and enhancement; • Erosion and sediment control; • Drainage system construction and maintenance; • Community education; • Improved fish and wildlife habitat; and • Enhanced recreational opportunities. Feasibility Study 112316 City of Lino Lakes, Minnesota NPDES Phase II Considerations The National Pollutant Discharge Elimination System (NPDES) is the enforcement action taken by the Environmental Pollution Agency (EPA) to meet the Clean Water Act. Phase II of this program is directed towards cities with populations greater than 10,000 or cities with impaired or special water such as the Mississippi River. Lino Lakes is a mandatory Municipal Separate Storm Sewer System (MS4) and currently has a permit that is governed by the City's Storm Water Pollution Prevention Plan (SWPPP). For the storm water budget, a figure of $10,000 per year has been included to address the planned activities. The Storm Water Utility Utilizes: • The "Residential Equivalent Unit" (REU). The REU is the "billing unit" that represents the residential, single - family homes, which make up approximately 90% of Lino Lakes current billing. The REU is easily understood and facilitates billing by allowing the billing department to enter in one value (the REU) for all homes vs. nearly 6,000 individual bills that may differ by only a few cents. The suggested REU for Lino Lakes residential units would be $2.50 per month ($30 /year) per address. • Intensity of Development (Land Use). As the intensity of development increases, so does the amount of impervious surfaces, leading to more runoff. • Equivalent Hydrologic Area (Curve number) This engineering methodology is used to measure the amount of impervious surface and is utilized in calculating the amount each property should pay based upon "contributors pay ". • Program budget. What are the anticipated costs? What must you do? What do you want to do? Below is the estimated Storm Water Budgets for years 2011 through 2015. Feasibility Study 112316 City of Lino Lakes, Minnesota 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Lino Lakes Storm Water Utility Budget 6/28/2010 Estimated Stormwater Utility Budget 2010 - 2015 2011 2012 2013 2014 2015 Personnel - 1.5 FTE Baseline $110,000 $115,000 $120,000 $125,000 $130,000 Sweeping /Repairs (contracted) Baseline $50,000 $51,500 $53,045 $54,636 $56,275 Engineering Baseline $60,000 $61,800 $63,654 $65,564 $67,531 Public Education /Training (NPDES - MS4) Baseline $10,000 $10,300 $10,609 $10,927 $11,255 Materials /Misc supplies Baseline $20,000 $20,600 $21,218 $21,855 $22,510 Equipment (1) Baseline $57,500 $57,500 $57,500 $57,500 $57,500 Sub -Total Baseline $307,500 $316,700 $326,026 $335,482 $345,071 SWMP (ditch, pipe, pond) cleaning Usage $195,000 $200,850 $206,876 $213,082 $219,474 Total Budget $502,500 $517,550 $532,902 $548,564 $564,545 Annual Average= $533,212 1) Equipment Needs Sweeper $250,000 Jetter/Vac - 1/2 of Cost (other San. Swr. $140,000 Single Axle Dump $185,000 $575,000 Estimated 10 year service life /10 Annualized Cost $57,500 The above example assumes 0 % funding of the storm water costs of the forecasted street reconstruction by the Storm Water Utility. Baseline costs are considered to be the minimum costs of the program activities regardless of overall runoff and land use. Feasibility Study City of Lino Lakes, Minnesota 112316 Utilizing the land use data, a storm water utility utilizing the "users pay" philosophy of land use and utilizing the estimated runoff appropriate for the land use would generate an estimated $537,896 per year for the Lino Lakes Storm Water Management program. This estimate reflects a fully funded program by the Storm Water Utility and incorporates a number of credit assumptions that may alter the actual revenue generated. Lino Lakes SWU Revenue Forecast Runoff Surface Total Curve Runoff Retention Runoff Depth Vol. Revenue Area Utility 6 Monthly Revenue Credit Credit Factor Index (inches) (inches) (ac -ft) Land Use (ac) Factor Address Charge (monthly) Assumption $9 Estimate (per acre) (CN) (S) (Q) (QA) Residential 8274 1.00 5994 $2.50 $14,985 NA $0 $10.00 70 4.29 0.24 166 High Density Residential 162 3.30 Per Acre $5,346 20% $1,069 $33.05 85 1.76 0.80 11 Commercial 263 5.14 Per Acre $13,525 30% $4,057 $51.41 92 0.87 1.24 27 Industrial 201 4.01 Per Acre $8,058 25% $2,014 $40.12 88 1.36 0.97 16 Institutional 418 4.01 Per Acre $16,754 40% $6,702 $40.12 88 1.36 0.97 34 Agricultural, Vacant EXEMPT Road Right -of -Way EXEMPT Urban Transitional EXEMPT '° Open Water EXEMPT Total 9,317 I 1 1 I $58,667 1 '. 813,843 I I 1 1 253 Inputs: REU $2.50 /mo. Rainfall 2.0 inch (REU) Residential Lot Size 0.25 acre Gross Est. Credits Net Annual Revenue I $704.009 I $166,113 I $537,896 Feasibility Study 112316 City of Lino Lakes, Minnesota 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Conclusions and Recommendations Conclusions From the material presented in this report, the following conclusions have been made: 1. A basic principle of a SWU should be that revenues equal costs. 2. Baseline costs are independent of property value and size. 3. The Storm Water Utility method is the best financing option because it is fair, dependable, acceptable, and flexible. 4. A Storm Water utility, supported by the service charge, provides financing for storm water management improvements, based on a particular property's contribution of runoff water to the drainage system. 5. The utility benefits a community by providing a dedicated fund for drainage system improvements and maintenance and water quality enhancement. 6. The key elements to the utility approach are: a. All properties benefit; and b. All developed properties should pay. c. Contributors Pay, based on the relative amount of their contribution. Recommendations 1. A storm water management utility (Storm Water Utility) should be utilized to help pay for Lino Lakes' storm water management program. 2. Fees should be based on runoff contributed to the drainage system, following NRCS criteria and a two -inch rainfall, and utilizing the curve number values (CN) for a type "B" soil. 3. An ordinance should be prepared as the legal basis for the utility. 4. The existing land use (vs. zoning) should be used to determine the storm water management utility fees. 5. The recommended rate for the Lino Lakes Storm Water Utility is a $2.50 /month ($30 /year) REU. This rate is projected to fund 100% of the forecasted Storm Water Program Budget Costs. Feasibility Study 112316 City of Lino Lakes, Minnesota Table of Contents Title Page Executive Summary Table of Contents Page 1.0 Surface Water Management Program 1 1.1 Introduction 1 1.2 Mission Statement 2 1.3 Program Objectives 2 1.4 Planning Process 3 1.4.1 Assessment of the Current Situation 3 1.4.1.1 Classification of Significant Storm Water Management Problems 3 1.4.1.2 Determine Existing Conditions 3 1.4.2 Analysis of Management Strategies 3 1.4.2.1 Conveyance Philosophy 3 1.4.2.2 Ponding Philosophy 3 1.4.2.3 Combination Ponding and Conveyance Philosophy 3 1.4.2.4 Develop and Treat Philosophy 3 1.4.2.5 Regional Pond Philosophy 3 1.4.2.6 Land Use Control Philosophy 4 1.4.2.7 Enhanced Practices Philosophy 4 1.4.3 Development of Goals and Policies 4 1.4.4 Identification and Implementation of Improvements 5 2.0 Financing Alternatives 5 2.1 Ad Valorem Taxes 7 2.2 Special Assessments ( Fifield, 1997) 7 2.3 Storm Drainage System Development Charge 8 2.4 User Charges or, Storm Water Utility 9 2.5 Grants 10 2.5.1 Environmental Protection Agency (EPA) 10 2.5.1.1 604b - Urban Water Quality Grant 10 2.5.1.2 Underground Injection Control Program 10 2.5.1.3 Storm Water Education Grant 10 2.5.1.4 Clean Lakes Grant 10 2.5.1.5 Section 319 - Clean Water Act 10 2.6 Other Sources of Funding 11 2.6.1 U.S. Army Corps of Engineers: Sect. 22 Planning Asst. to State Programs 11 2.6.2 Special Tax District (Fifield, 1997) 11 3.0 Implementing Lino Lakes' Utility 11 SEH is a registered trademark of Short Elliott Hendrickson Inc. Feasibility Study 112316 City of Lino Lakes, Minnesota Page i 3.1 What Is a Storm Water Management Utility? 11 3.2 How Will it Benefit the Community? 12 3.3 Assuring Success 12 3.4 Key Elements (Kremple, 1988) 13 3.5 Utility Advantages and Disadvantages (Jouseau, 1983) 13 3.5.1 Advantages 13 3.5.2 Disadvantages 13 3.6 Program Administration 13 3.7 Ordinance 14 3.8 Public Hearing 14 4.0 Fee Basis 14 4.1 Philosophy 14 4.2 Cause and Effect 15 4.3 Run -Off Equation 15 4.4 How Much Rainfall? 15 4.5 Typical Rainfall 16 4.6 Typical Charges 18 4.7 Exclusions 19 4.8 Credits 19 5.0 Implementation of the Utility 22 5.1 Public Acceptance 22 5.1.1 Public Information Program 22 5.1.1.1 Articles 22 5.1.1.2 Special Mailings 22 5.1.1.3 Informational Meetings 22 5.1.1.4 Public Hearing 23 5.1.1.5 Common Questions and Answers 23 5.2 Ordinance Development 23 5.2.1 Model Ordinance 23 6.0 Storm Water Utility Ordinance 23 6.1 00.010 - General Operation 23 6.2 00.020 - Definitions. Utility Factor 23 6.2.1 Utility Factor 23 6.2.2 Storm Water Utility Fee 24 6.2.3 Monthly Utility Revenue 24 6.3 00.030 - Storm Water Utility Factors 24 6.4 00.040 - Credits 25 6.5 00.050 - Exemptions 25 6.6 00.060 - Payment of Fee 25 6.7 00.070 - Appeal of Fee 25 6.8 00.080 - Penalty for Late Payment 25 6.9 00.090 - Certification of Past Due Fees on Taxes 26 7.0 City of Lino Lakes Storm Water Utility Proposed City Policy 26 SEH is a registered trademark of Short Elliott Hendrickson Inc. Feasibility Study 112316 City of Lino Lakes, Minnesota Page ii 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 7.1 Policy Statement 26 7.2 Exemptions 26 7.3 Fee Basis 26 7.4 Credits 27 7.5 Adjustment of Fees 28 8.0 Billing Options 28 8.1 Establishing Individual Utility Bills 29 8.2 Conflict Resolution 29 8.3 Initiating New Billings 29 9.0 Conclusions and Recommendations 30 9.1 Conclusions 30 9.2 Recommendations 30 10.0 References 31 List of Tables :. Table 1 Advantages and Disadvantages of Funding Alternatives 6 Table 2 Rainfall /Runoff Ratios Example 16 Table 3 Lino Lakes Runoff Curve Numbers 18 Table 4 Lino Lakes Land Use Breakdown 18 Table 5 Proposed Monthly Billing and Revenue (Year 1 20 Table 6 Utility Factors for Various Land Uses 25 Table 7 Runoff Indices 27 List of Figures Figure 1 NRCS /SCS Runoff Model Runoff Example 17 Appendix A Appendix B Appendix C Appendix D List of Appendices Legal Considerations (Joseau, 1983) Typical Questions Suggested SWU Credits Policy and Application Form Example Public Education Flyer and Public Information Meeting Notice SEH is a registered trademark of Short Elliott Hendrickson Inc. Feasibility Study 112316 City of Lino Lakes, Minnesota Page iii July 6, 2010 Feasibility Study Financing Alternatives for Lino Lakes' Storm Water Management Program Prepared for City of Lino Lakes, Minnesota 1.0 Surface Water Management Program 1.1 Introduction Development and redevelopment often results in an increase in the rate and volume of storm water runoff. An increase in runoff overtaxes the natural drainage systems, and increases the potential for localized flooding. Additionally, a decrease in overall water quality can be directly attributed to an increased level of development. A decrease in water quality translates into lost recreational opportunities and permanent changes to the biological systems present in local water bodies. Storm water management has been an issue that figures prominently in the development proposals that now come before Lino Lakes. In recent years, the State of Minnesota has adopted laws regarding storm water management and erosion control measures. State agencies such as the Board of Water and Soil Resources have created model ordinances and "best management practices" for communities to use. Looming in the future are possible Federal EPA mandates regarding the monitoring of storm water quality. Lino Lakes staff are aware of the problems as well as the new requirements and have been incorporating them into new development, but Lino Lakes recognizes the need to take a more comprehensive and systematic look at surface water management. In addition, the City of Lino Lakes works closely with the Rice Creek Watershed District to assure that projects meet the requirements of the Watershed District. Historically, the issue of storm water management has in principle been very simple; collect the water into an underground system of pipes and get it to a river or creek as quickly as possible. If there was a problem with localized flooding, additional and/or larger pipes were put in the ground. Water quality and other storm water issues were not typically considered. It is fair to say that the main concern of the average Lino Lakes citizen is still to get the water away from their house or business as quickly as possible. But a 112316 Page 1 relatively new issue has been factored in- one mandated by law and for the most part good sense -the issue of water quality. Unchecked and ever increasing runoff is impacting the quality of our rivers, lakes and streams through pollutants that are contained in the runoff as well as by erosion that occurs as a result of increasing amounts of storm water that enter into bodies of water at a faster rate. Today, best management practices for managing storm water have changed from collection and piping to retention, infiltration, treatment, and establishing a more controlled and gradual discharge to the receiving body of water. 1.2 Mission Statement A logical first step in any comprehensive planning process is to clearly define the limits of the project. One of the best ways to develop consensus among all concerned parties is to establish a mission statement for storm water planning. The mission statement represents Lino Lakes' attitude towards storm water management efforts. To accomplish the goals of the storm water management program, Lino Lakes should have a single consistent approach. The mission statement focuses on what is to be accomplished; the storm water management program will focus on how it will be accomplished. The suggested mission statement is as follows: The City of Lakes envisions a community in which the quality of life is enhanced by a natural and healthy environment and by infrastructure designed and maintained to protect property investment. Toward that end, the Lino Lakes Surface Water Management Program provides a single, comprehensive strategy that addresses existing and future storm water needs in a pro- active manner. The program promotes citizen and industry participation and education, and provides clear direction for properly managing the quantity and quality of storm water runoff surface water, wetlands and groundwater resources. 1.3 Program Objectives The primary objectives of the storm water management program are summarized as follows: • Develop and implement a comprehensive storm water management program, including a comprehensive drainage plan and analysis of future facilities (i.e., pipes, ponds, etc.). • Maintain natural and man -made facilities (wetlands, ponds, creeks, sediment basins, storm sewers, culverts, ditches, etc.) for their intended use and function. • Address existing storm water runoff problems and their control. • Provide adequate financing to implement necessary Best Management Practices (BMPs), maintenance activities, water quality programs, and public education. Feasibility Study 112316 City of Lino Lakes, Minnesota Page 2 1.4 Planning Process Lino Lakes is addressing its storm water management needs through a process of prioritization in the planning process and identifying important projects in a yearly budget forecast. 1.4.1 Assessment of the Current Situation 1.4.1.1 Classification of Significant Storm Water Management Problems Classification of significant storm water management problems within Lino Lakes establishes a priority for making necessary improvements. The priority is dictated by the severity of existing problems, maintenance issues or future development pressure. 1.4.1.2 Determine Existing Conditions Establishing existing conditions helps to quantify the operational problems of the in place systems. By identifying deficiencies in the existing system and projecting for future needs, the cost for needed improvements can be developed. 1.4.2 Analysis of Management Strategies A philosophy for handling storm water runoff is developed based on one or more of the following: 1.4.2.1 Conveyance Philosophy_ A conveyance philosophy involves the collection and discharge of storm water without the use of ponding areas. This strategy is less land intensive but requires the construction of large storm sewer or ditch systems. 1.4.2.2 Ponding Philosophy A ponding philosophy uses natural low areas to temporarily store or detain runoff until the conveyance system can safely discharge the runoff downstream.' 1.4.2.3 Combination Ponding and Conveyance Philosophy It is likely that a combination of ponding and conveyance will provide the most economical solution. This philosophy takes advantage of available low lands for storm water storage and optimizes the in place conveyance systems. Based on full utilization of the existing systems, improvements can be planned. 1.4.2.4 Develop and Treat Philosophy The develop and treat philosophy is practiced in most communities. The develop and treat philosophy encompasses the ponding philosophy by allowing full development of the land with on site rate control and pollutant removal requirements resulting in a multitude of small onsite ponds and other Best Management Practices (BMPs) throughout Lino Lakes. 1.4.2.5 Regional Pond Philosophy The regional pond philosophy is related to the "Develop and Treat Philosophy ". Rather than requiring on site facilities, the regional pond philosophy relies on a comprehensive plan to identify (and acquire) parcels of land to serve as detention/treatment pond sites that can serve multiple Feasibility Study 112316 City of Lino Lakes, Minnesota Page 3 properties. This philosophy often requires up -front funding to acquire the land, but results in fewer ponds and less overall pond maintenance. 1.4.2.6 Land Use Control Philosophy The land use control philosophy may seem extreme to some, but it is based on reducing the impervious (hard) surface areas related to development. Less impervious surface results in less runoff and less pollutant loading. If done properly, the land use control philosophy can work without adversely impacting development densities. 1.4.2.7 Enhanced Practices Philosophy The enhanced practices philosophy can be used in redevelopment and new development to meet volume reductions, treatment and ground water recharge goals. Typical practices include infiltration and bioretention. A rain water garden program is an excellent example of bioretention. 1.4.3 Development of Goals and Policies Lino Lakes' current Storm Water Management Plan contains specific goal statements and corresponding policies. The goals and policies recognize the fundamental relationship between water quality and land use. Plan goals include: • Storm Water Runoff Management (Water Quantity): Control flooding and minimize related public capital and maintenance expenditure necessary to control excessive volumes and rates of runoff. • Water Quality: ' Achieve water quality goals in waters and wetlands consistent with intended use and classification. • ` Erosion Control: Minimize soil erosion through enforcement and education. Wetland Management: Maintain the amount of wetland acreage and increase the wetland values within Lino Lakes, where feasible. Administration (Public Participation, Information and Education): Increase public participation and knowledge in management of the water resources. • Drainage Way Maintenance (Maintenance and Inspection): Preserve the function of water resource facilities through routine inspection and regular maintenance activities. • Recreation, Open Space and Wildlife: Manage water recreation opportunities and improve fish and wildlife habitat. • Groundwater: Prevent contamination of the aquifers and promote ground water recharge. • Finance: Establish funding sources to finance water resources management activities. • Regulations /Intergovernmental Relations: Ensure compliance with ordinances, standards, criteria, and policies with other governmental units that have regulatory authority within the city boundaries. Feasibility Study 112316 City of Lino Lakes, Minnesota Page 4 1.4.4 Identification and Implementation of Improvements The final task associated with the storm water management program includes establishment and implementation of improvement and maintenance programs. These final tasks are necessary to ensure that storm water management measures are implemented in a timely fashion and that their effectiveness in maintaining Lino Lakes' drainage system can be quantified. The program also provides the flexibility to adjust the implementation of storm water measures to maximize effectiveness. 2.0 Financing Alternatives The cost of constructing, operating, and maintaining storm water facilities continues to increase along with other municipal costs. In fact, the storm drainage system is often the last and most expensive public utility for cities to develop. Traditional methods of financing storm water improvements have become more complex in recent years. Faced with increasing costs and continuous pressure to minimize property taxes, cities may lack the financial resources to undertake a multi -year storm water management program. Consequently, many communities lack the proper funding to address the increasing costs related to storm water drainage, water quality management, and wetland protection. The major categories of funding sources are (1) Ad Valorem Taxes; (2) Special Assessments; (3) System Development Charges (Building Permits, Land Development Fees and Land Exaction); (4) User charges; (5) Grants; and (6) Special Tax Districts. Table 1 illustrates the advantages and disadvantages of the different financing methods. Following is a description and financing principles used with each of these financing mechanisms. Feasibility Study 112316 City of Lino Lakes, Minnesota Page 5 Table 1 Advantages and Disadvantages of Funding Alternatives Funding Method Advantages Disadvantages Ad Valorem Tax • Administrative Structure for collection in place. • Simple and accepted source of revenue. • Allows for a larger revenue base. • Through tax districts contributors pay. • No incentive to reduce runoff or pollution. • No relationship to level of benefits received. • Discontinuous source of revenue. • Limitations on amount of expenditures due to budget constraints. • Competition with other services (i.e., police, fire). Special Assessments • Only benefited properties pay. • Revenues from assessment are applied to a specific project cost. No competition with general . services. • Benefits directly related to cost for service. • Assessment can be deferred in hardship cases. • ''° Rigid procedural requirements. • Runoff contributions cannot be assessed. • Difficult to determine and prove benefit. • May place an unfair burden on some segments of the population. System Development Charges g • New development generating runoff pays for runoff management. • Administrative structure for reviewing plans and collecting fees is in place. • Systems can be tailored to the specific needs through regulatory changes. • Revenues are applied to water management. No competition with general services. • Only addresses problems within the vicinity of the new development, not usually existing developments. • Only addresses prevention not correction of existing problems. • Limited usefulness as a financing mechanism. User Charges • Properties causing or contributing to the need for runoff management pay relative to their contribution to the problem. • Self- financing system not in competition with general services funds. • Existing and new developments both pay. • Flexibility in the system. • Continuous source of revenues. • Specific dedicated fund. • Administrative structure for collection already in place. • Some initial costs in development of rate formula and philosophy. • May require an expanded administrative structure. Feasibility Study City of Lino Lakes, Minnesota 112316 Page 6 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Funding Method Advantages Disadvantages Grants • Reduce cost burden to residents in the community. • • • • • Unreliable source of revenue. Increase administrative costs for securing and managing the funds. Most often grants require cost sharing and thus additional funding sources. This results in double administrative costs due to management of several funding sources. Limited availability on an irregular schedule. Requires considerable lead- time from application to receiving funds. Special Tax P District • • Do not need to prove benefit from the improvement. All taxable property in district pays. ' . • No flexibility in application of tax. Tax ro exempt properties not p p p subject to tax. Legal issues are complex. 2.1 Ad Valorem Taxes Ad valorem taxes, or general taxation, is the most common revenue source used to finance government services, including minor maintenance measures for drainage and water quality facilities. Using property taxes has the effect of spreading the cost over the entire tax base of a community. 2.2 Special Assessments (Fifield, 1997) Minnesota Statutes, Chapter 429, conveys the authority to undertake and finance public improvements. Section 429.021 gives the power to "convey the authority to undertake and to finance a wide range of public improvements, and specifically gives the power to ": .... acquire, develop, construct, reconstruct, extend, and maintain storm and sanitary sewers and systems, including outlets, holding areas and ponds, treatment plants, pumps, lift stations, service connections, and other appurtenances of a sewer system, within and without the corporate limits." Special assessments are the most common tool for financing public improvements. All or a portion of the cost of an improvement is levied against properties benefited by the improvement. The issue of benefit poses the greatest challenge in the use of special assessments. The amount of the special assessment cannot exceed the benefit received by the property from the improvement. The benefit is measured by the increase in the market value of the property. As noted earlier, the direct benefits of a storm water management system may not be equally distributed in a given area. Feasibility Study 112316 City of Lino Lakes, Minnesota Page 7 Other factors to consider in the use of special assessments include: • State law contains a specific process for making public improvements and levying special assessments. • Lino Lakes can issue general obligation bonds to finance the improvements. • Special assessments are not required to finance the entire project. Lino Lakes can use other available sources of revenue, including general property taxes, to finance the improvement and pay debt service on bonds. • Use of special assessments are further regulated by the City's charter provisions 2.3 Storm Drainage System Development Charge As land is developed or built upon, surface water runoff and pollution loading increases. Administrative and capital costs can be recovered at the time of building permit issuance or land development approval. Lino Lakes can require dedication of land for ponding or drainage purposes. The land, however, must be from the parcel being developed. System Development Charges (SDCs) or trunk charges are one -time charges paid by new development to finance the construction of public facilities. SDCs are generally used for several basic reasons (Nelson, 1995): • To shift the burdens from existing development to new development; ■ To synchronize the construction of new or expanded facility cap with the arrival of new development; To subject new development decisions to pricing discipline; and To respond to anti -tax sentiments. According to Nelson (1995), there are seven factors to determine the proportionate share of costs to be borne by new development: The cost of existing facilities. • The means by which existing facilities have been financed. • The extent to which new development has already contributed to the cost of providing excess capacity. • The extent to which existing development will, in the future, contribute to the cost of providing existing facilities used community wide or by non - occupants of new development. • The extent to which new development should receive credit for providing at its cost facilities the community has provided in the past without charge to other development in the service area. • Extraordinary cost incurred in serving new development. • The time -price differential inherent in fair comparisons of amounts of money paid at different times. Feasibility Study 112316 City of Lino Lakes, Minnesota Page 8 Planning is extremely important according to Nelson (1995), both from a land use and a surface water management perspective. Of particular importance within the water resources management plan is the capital improvements element (CIE) and the capital improvements program (CIP) that implements the CIE. For improvements to be funded in part through SDCs, the CIE should offer an adequate policy foundation. In essence, the CIE serves to strengthen the relationship between SDCs and public policy by clearly stating those policies and the role of impact SDCs have in effecting them. CIE's normally include a three step planning process. 1. Preparation of an inventory and assessment; 2. Determination of policies and needs; and 3. Development of an implementation strategy. To adequately address the issue of Storm Drainage Trunk Charge for New Development or SDCs, a comprehensive review of the existing water resources management plan would be conducted to consider the elements discussed above. Next, a CIE would be refined from the existing document. Work with legal counsel would be undertaken to establish the legal basis for SDCs. Finally, the SDC determination will be developed based on development needs, land use and total systems cost. Lastly, a public information element will be used to introduce the system to the community. The public information element will illustrate the approach as equitable and will dispel any myths or criticisms that may exist. 2.4 User Charges or Storm Water Utility User charges, which support storm water utilities, are a mechanism by which Lino Lakes can generate funds through billings similar to water and sewer billings. The principle is to charge for services rendered to properties generating runoff as well as the service to properties being protected from the effects of runoff, without consideration to an increase in market value of the property. Implementation of a storm water utility consists of three phases: Concept Development, Implementation and Billing. Concept Development involves research and analysis of funding options and funding needs. This feasibility report contains a summary of all findings and recommendations, including a preliminary implementation plan. During the implementation phase, action plans for each component of the utility implementation program are developed. The action plans identify tasks, resources, responsibilities, schedules and measurements. A link between the recommended rate structure and the database is also developed during Implementation. The public involvement component can be implemented prior to presenting a draft ordinance to Council. With public support in place, the Storm Water Utility ordinance is fmalized prior to the billing phase. The billing phase applies adopted rates to individual accounts, resulting in an interface between real estate records and the City billing system. Standard operating procedures are developed to document the process for updating the Feasibility Study 112316 City of Lino Lakes, Minnesota Page 9 data base interface and billing system. On -call support is developed to ensure a smooth transition to new billing procedures and investigation of credits and appeals. 2.5 Grants Grants are available for surface water management and nonpoint source pollution. However, it is generally not a good financial practice to rely on grants for a service delivery program. This source of revenue is not dependable and requires constant speculation as to its availability. Grants are useful but should only be used to supplement a planned local revenue source. 2.5.1 Environmental Protection Agency (EPA) 2.5.1.1 604b - Urban Water Quality Grant The EPA's 604b Grant Program is targeted at water quality improvements in urban areas. The grant is not a cost share program, but does require local participation. The grant is generally administered through the state. This program does not enjoy support from the State of Minnesota. 2.5.1.2 Underground Injection Control Program The EPA's Underground Injection Control (UIC) program involves inventories of ground water protection areas in Lino Lakes to address abandoned drainage or domestic disposal wells, which are potentially harmful to underground sources of drinking water. The results of the questionnaire can provide a great deal of information on the degree of risk to Lino Lakes' underground sources of drinking water. The EPA has provided funding and training for volunteers to implement the UIC program at the local level. 2.5.1.3 Storm Water Education Grant The EPA's Storm Water Education Grant, enacted in 1991, is targeted at cities or organizations in the amount of $25,000 or less. The Storm Water Education Grant is intended to finance local education initiatives related to the natural environment. Grants are awarded on a 50/50 cost share basis. 2.5.1.4 Clean Lakes Grant The Federal Clean Lakes Grant is the next step in lake restoration following the State Clean Water Partnership Program. The program can include significantly more funding than the state program and can be used for development and implementation of lake restoration plans. Clean Lakes funding is administered through the MPCA. 2.5.1.5 Section 319 - Clean Water Act Funding through EPA's Section 319 program supports state programs, but is potentially available for urban BMP and project implementation coordination. The grants program includes a spring application period (May to June) for the state. The program is significant in that it can fund implementation (i.e., construction) rather than funding planning efforts or studies. Available funds may involve either full or matching funds. Feasibility Study 112316 City of Lino Lakes, Minnesota Page 10 ' 2.6 Other Sources of Funding 2.6.1 U.S. Army Corps of Engineers: Sect. 22 Planning Asst. to State ' Programs Funds are a 50/50 cost share. The program is administered through state planning. Eligible projects are given to COE to prepare a cost estimate for ' preliminary design. The estimate is negotiated with the "customer ". The "customer" provides 50 percent cost share in the form of cash. The COE then completes the preliminary design or study. 1 2.6.2 Special Tax District (Fifield, 1997) MN Statute 444.16 and 444.17 -18 -19 & 20 Cities can create storm water improvement districts to finance these improvements. In effect, a storm water improvement district is a new taxing district. Lino Lakes would adopt an ordinance that defines the area of the district. Lino Lakes can undertake storm water improvements within the district. To finance the improvements, Lino Lakes can levy a property tax on property within the district. This financing mechanism offers advantages and disadvantages over special assessments. The chief benefit is no need to prove benefit from the improvements. All property in the district pays to finance improvements. Costs are spread according to the taxable value of property. This may also be a disadvantage. There is no flexibility in tailoring the application of the tax. Some key factors in the establishment and use of a storm water improvement district include: ■ The ordinance establishing the district must be adopted by a two- thirds vote of the Council. A public hearing must be held prior to adopting the ordinance. • Lino Lakes must hold a public hearing before awarding a contract for an improvement within the district. State law prescribes the requirements for notice of hearing and items to be considered in ordering the improvement. ' ■ Lino Lakes can issue general obligation bonds to finance improvements in the district. The bonds do not require an election and do not count against any debt limit. • State law requires that the bonds be supported "primarily out of the proceeds of the tax levied" on property in the district. This provision • allows other revenues to be used to pay debt service on the bonds. Provisions of the City charter would need to be reviewed to identify any additional requirements for a special tax district. 3.0 Implementing Lino Lakes' Utility 3.1 What Is a Storm Water Management Utility? Let's start with what the utility is not. The utility is not a new level of government, nor is the utility a new tax. A Storm Water Utility is simply a Feasibility Study 112316 City of Lino Lakes, Minnesota Page 11 method of financing the administration, planning, implementation, and maintenance of storm water management programs. The utility is nothing more than a service charge or fee. A utility fee is typically charged against all developed parcels within Lino Lakes based on the premise of "contributors pay ". Where land is in a natural state, most rain soaks into the ground or is retained in small depressions. Where development has been prevalent, rooftops, driveways, and parking lots prevent rainfall from soaking into the ground. The rain runs off into streets, ditches, ponds and lakes, creating the need for drainage systems and to protect the quality of our water resources. Therefore, the fee is based on how much storm water runoff and /or pollutant load is contributed by a particular parcel. This consistent, dependable revenue source provides dedicated funds to manage the drainage systems and water quality improvements without increasing property taxes or using assessments. A utility also provides the means to handle increasing costs through small adjustments in utility charges. 3.2 How Will it Benefit the Community? The utility benefits the community by providing a dedicated fund for storm water management activities. Benefits associated with storm water management include: • Flood reduction and protection; • Water quality improvements; • Wetland protection and enhancement; Erosion and sediment control; • Drainage system construction and maintenance; • Community education; • Improved fish, and wildlife habitat; and ■ Enhanced recreational opportunities These are baseline costs for Storm Water Management that the City incurs, regardless of total parcel size or property values. These baseline costs include components of the NPDES MS4 program, personnel, street sweeping equipment, and regular maintenance of the system. Therefore, all properties currently contribute to the City's storm water management system. 3.3 Assuring Success To assure success in adopting a utility, the need for the utility must be understood by the public. The following steps should be taken: 1. Consideration of the implementation. If the mechanisms for billing and handling revenue are in place, as is the case with sewer and water charges, there is one less hurdle to cross. 2. A second point to be considered is who will provide the majority of the revenue. The public must believe the right properties are being charged the right amount. Feasibility Study 112316 City of Lino Lakes, Minnesota Page 12 3. A base unit has been developed for single - family residential properties, which includes rural residential properties. 3.4 Key Elements (Kremple, 1988) There are two fundamental principles to a storm water management program: 1. All real property within a sub watershed will benefit from installation of storm water management facilities. 2. The cost of developing storm water management facilities should be assessed against the property in a basin. These principles may not be easy for property owners to understand at first, but they are key to the storm water management concept. It is difficult for a property owner who lives on top of a hill to understand how the construction of a water quality basin or a storm drain in a low -lying area benefits them. It is important to recognize that development adds to existing drainage and pollutant loading problems. The property owner on the hill has, by converting the natural ground 'cover into streets, driveways and rooftops, increased the runoff. This contributes to the drainage and water quality problem of neighbors in low -lying areas. To some extent then, the property owner on the hill should contribute to the cost of correcting that problem. 3.5 Utility Advantages and Disadvantages (Jouseau, 1983) 3.5.1 Advantages 1. Properties causing or contributing to the need for runoff management pay into the utility. 2. The change is directly proportional to runoff generated by specific land uses. 3 A self- financing system is not in competition with general services funds, 4. Existing and new developments both pay. 5. The system is flexible. 6. ` The utility provides a continuous source of revenue. 7. It provides a specific dedicated fund for storm water management. 8. The administrative structure for collecting fees is usually in place. 3.5.2 Disadvantages 1. Some initial costs are encountered in developing the rate formula and philosophy. 2. The utility may require an expanded administrative structure including establishment of a billing system if none currently exists. 3.6 Program Administration Administration for developing the storm water management utility involves the following: Feasibility Study 112316 City of Lino Lakes, Minnesota Page 13 • Development of quarterly rates based on funding needs; • Modification of billing and collection systems; • Determination of responsible party(ies) to monitor program implementation; • Solicitation of comments from legal and financial advisers; and • Public information. 3.7 Ordinance The legal basis for the utility should be an ordinance used to guide the corresponding City policy. The ordinance establishes the utility, and outlines the following: • Calculation of utility fees; • Credit system; • Exemptions; • Payment of fee; • City policy; and • Supporting computations. A model ordinance is provided in a subsequent section of this report. The model ordinance differs from some of the more common ordinances in that it establishes a mathematical basis behind the fee system, supported by standard engineering practices. 3.8 Public Hearing A public hearing is required before the ordinance can be adopted. The hearing provides the forum for the general public to speak either for or against the ordinance. 4.0 Fee Basis 4.1 Philosophy The general philosophy behind the storm water utility program is simple - contributors pay (Jouseau, 1983). To develop a fee basis, Lino Lakes must make a determination of which properties pay what amounts. The utility is typically supported by all developed (non- vacant) property within the community. A base unit has been developed for single- family residential properties, which includes rural residential properties. Based on existing land use, the extent of each property classification is estimated. Next, the percentage of impervious area associated with each property classification is determined Using methods outlined by the Soil Conservation Service (Midje, 1992), typical land categories and relative percentages of impervious areas can be determined. Based in part on the percentage of impervious area on a parcel, a runoff index can be assigned to each property type. The runoff index or curve number (CN) is used to estimate the relative amount of rainfall that will run off a parcel. Feasibility Study City of Lino Lakes, Minnesota 112316 Page 14 4.2 Cause and Effect To remain fair to all properties, the utility is based on how much a particular parcel contributes to the storm water program needs. The amount of contribution should not be based solely on the amount of rooftops and pavement, or pervious area, on a parcel. The contribution should also consider how much rain actually runs off. Different amounts of rain will produce different amounts of runoff. However, the difference in runoff for a residential property and a commercial site area is not constant for all rainfall depths. Therefore, a rainfall depth should be used in the revenue equation that will result in the various properties paying proportionate amounts. 4.3 Run -Off Equation The revenue equation should not be arbitrarily set based on pre -set factors from another community's ordinance. To be able to demonstrate a rational basis for utility fees, the revenue equation should be based on standard engineering practices. The revenue equation follows the Natural Resources Conservation Services (NRCS previously SCS) storm water runoff methodology outlined in the SCS National Engineering Handbook," Section 4 - Hydrology (Mockus,1969). The general runoff equation is: Where: P S 0= (P - 0.2S'2 P + 0.8S Actual Runoff Potential Maximum Runoff Potential Maximum Retention and initial rainfall abstraction The "S" term can be expressed in terms of the runoff index, or curve number (CN). S = (1000 /CN) - 10 Tables are easily developed for convenient solution. For determining utility fees, P remains constant and CN has been assigned to each of the land use categories. 4.4 How Much Rainfall? The majority of the developed part of most of our communities is residential. Of the nonresidential developed land uses, commercial land use predominates. As an example, the Table 2 compares the percentage of total runoff contributions for a residential curve number of 83 (CN 83) versus Feasibility Study 112316 City of Lino Lakes, Minnesota Page 15 commercial/industrial curve number of 94 (CN 94) considering different rainfall depths. Greater runoff, and its associated pollutant load, is generally related to the more intensely developed properties (commercial/industrial). Therefore, using the basic premise of the utility (contributors pay), a rainfall amount that will result in highly developed properties paying more than residential properties should be used. 4.5 Typical Rainfall A review of utility programs in other communities shows that a two -inch rainfall has typically been used in determining utility. As illustrated in Table 2, a two -inch rainfall results in almost four times the runoff from a commercial/industrial acre then from a residential acre. Therefore, commercial /industrial properties would pay up to four times as much as a residential parcel of equal size. Table 2 Rainfall /Runoff Ratios Example Rain Depth Runoff Commercial/ Industrial Residential Ratio* 1" 0.32" 0.01" 32.00 2" 1.10" 0.29" 3.79 3" 1.99" 0.81" 2.46 4" 2.92" 1.46" 2.00 5" 3.88" 2.19" 1.77 2" Rainfall Type B Soils 1.40" 0.70" 2.0 1" Rainfall Type B Soils 0.5" 0.13" 3.85 * Ratio equals commercial runoff divided by residential runoff. * This table uses typical curve number utilized in Minnesota Storm Water Utilities. There is also a statistical basis for the two -inch rainfall. A two -inch rain can be expected to be equaled or exceeded once annually in any given 24 -hour period; i.e., a one -year event (Oberts, 1984). While it is true that rainfall amounts of less than two inches occur more frequently, smaller rainfall events (one inch, for example) create the majority of the annual runoff volume and pollutant load. Feasibility Study 112316 City of Lino Lakes, Minnesota Page 16 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Land Use Categories Existing land use was used to determine each property's contribution to the utility. Table 3 illustrates typical runoff curve numbers. Using these criteria, land use categories and the respective curve numbers for use in the runoff equation are illustrated below. For the respective land uses, the curve numbers (CNs) are applied to determine the amount of runoff for an area resulting from a specified amount of rainfall as illustrated in Figure 1. The contribution towards the storm water utility is equated to the percentage of the total runoff for each property type. Figure 1 — NRCS /SCS Runoff Model Runoff Example NRCS /SCS Runoff Model 1.80 - 1.60 - Runoff (Inches) 1.40- 1.20 - 1.00 - 0.80- 0.60- 0.40- 0.20- 0.00 —fir m, . 1 > i .r _— � : P ..> _ ._:.�. . • C` o� o o o � o � 0 o `e o � � 0 m 0 CO CO \ 1, Q 0' °'c �� A °m V dzr `NCO ,_°� Q Feasibility Study 112316 City of Lino Lakes, Minnesota Page 17 Table 3 Lino Lakes Runoff Curve Numbers Typical Land Use Category Runoff Index (CN) Residential 70 High Density Residential 85 Industrial 92 Institutions 88 Commercial 88 Vacant Exempt Table 4 Lino Lakes Land Use Breakdown (Parcel Data) Land Use Type Sum Acres Commercial 263 Institutional 418 ,. Industrial 201 High Density Residential 162 Residential 8274 Total 9318 4.6 Typical Charges To determine typical charges, the estimated expenditures for a given period of time are apportioned according to the percentage of total runoff attributed to that ` property type. Typical utility charges for the proposed budget are given in Table 5. These charges would fund 100 percent of the non - assessment revenue for the proposed budget. The utility rates can be adjusted to raise different levels of revenue by changing the relationships of what one property type pays in comparison to another, or by increasing the charge per acre. Additionally, undeveloped properties can be charged a low initial flat rate to bring all parcels into the rate collection system. The utility will not eliminate existing funds derived from new developments through assessments or developer fees. All new plats will continue to pay for its own water management features per the Surface Water Management Plan requirements. The utility will, however, allow Lino Lakes to undertake the new programs related to storm water management. Table 5 results in monthly fees that are similar to other communities, which are shown as annual fees in Map 1 from the MetCouncil 2007 for comparison purposes. Feasibility Study 112316 City of Lino Lakes, Minnesota Page 18 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 4.7 Exclusions Some properties may be excluded from the utility. In the example provided, only street and highway right -of -way, lakes, wetlands and parks are excluded under this formula. In development of the final ordinance agricultural/vacant land and other properties should be reviewed to determine if a low, flat rate fee will be used or if they will be considered exempt. 4.8 Credits Communities that implement a storm water utility generally incorporate a method of applying credits for property owners who take measures to reduce storm water runoff. Such measures can include, but are not limited to, on site retention, infiltration or other best management practices (BMPs). Credits may be applied for to reduce the utility fee for individual parcels. Credits can be considered where runoff is retained on a single parcel or water quality enhancement projects have been implemented. Lino Lakes Storm Water Utility Budget 6/28/2010 Estimated Stormwater Utility Budget 2010 - 2015 2011 2012 2013 2014 2015 Personnel - 1.5 FTE Baseline $110,000 $115,000 $120,000 $125,000 $130,000 Sweeping /Repairs (contracted) Baseline $50,000 $51,500 $53,045 $54,636 $56,275 Engineering Baseline $60,000 $61,800 $63,654 $65,564 $67,531 Public Education/Training (NPDES) Baseline $10,000 $10,300 $10,609 $10,927 $11,255 Materials /Misc supplies Baseline $20,000 $20,600 $21,218 $21,855 $22,510 Equipment (1) Baseline $57,500 $57,500 $57,500 $57,500 $57,500 Sub -Total Baseline $307,500 $316,700 $326,026 $335,482 $345,071 SWMP (ditch, pipe, pond) cleaning Usage $195,000 $200,850 $206,876 $213,082 $219,474 Total Budget $502,500 $517,550 $532,902 $548,564 $564,545 Annual Average= $533,212 1) Equipment Needs Sweeper $250,000 Jetter/Vac - 1/2 of Cost (other San. Swr. $140,000 Single Axle Dump $185,000 $575,000 Estimated 10 year service life /10 Annualized Cost $57,500 The above example assumes 0% funding of the storm water costs of the forecasted street reconstruction by the Storm Water Utility. Feasibility Study City of Lino Lakes, Minnesota 112316 Page 19 Lino Lakes SWU Revenue Forecast Runoff Total Curve Runoff Retention Runoff Depth Vol. Revenue Monthly Revenue Credit Credit Factor Index (inches) (inches) (ac -ft) Address Charge (monthly) Assumption $$ Estimate (per acre) (CN) (S) (Q) (QA) 27 II EXEMPT EXEMPT EXEMPT 253 0.24 O 00 O 00 N - L60 r 00 O 4.29 'o r -" r 00 O so to -- 0 0,, --: EXEMPT Gross Est. Credits Net O r 85 N rn 00 00 00 00 $2.50 $166,113 O 0 O 69 V1 O M 44 $51.41 N O 7 69 N O V 69 Cl, 0 EA r 0 EA V .. O 69 N 0 69 M d M. Annual Revenue NA %0Z 0 O M 0 n1 0 O V 00 00 44 $5,346 v N v ^ 69 00 h O 69 $16,754 r b 00 69 Wi O Per Acre Per Acre Per Acre Per Acre Utility Factor O O 3.30 5.14 o 4 4.01 8274 162 263 201 r O, DIResidential High Density Residential Commercial Industrial G O c Agricultural, Vacant Road Right -of -Way Urban Transitional Open Water Total Feasibility Study 112316 City of Lino Lakes, Minnesota Page 20 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Map 1. 2007 Stormwater Utility Fees (in dollars) 2007 suxmn.a er annual rcxs CD No utility 0 NIP - 12 12 -34.2 34.2 - 54.36 5436 - 7332 73.32 -1 17.24 r 0 Storm Water Utility Fees — Nearby Cities City Year Created Annual Fee Blaine 2007 21.00 Centerville 1997 20.00 Circle Pines 2005 36.00 Mounds View 1993 30.00 Shoreview 1991 43.60 Feasibility Study 112316 City of Lino Lakes, Minnesota Page 21 5.0 Implementation of the Utility Prior to deciding whether or not to implement a utility, a public involvement program is usually developed in an effort to measure public acceptance of the program. Once public support exists, implementation of a utility will require several steps: • Drafting a final ordinance to provide the legal basis for implementation of the utility. ■ Establish the individual property charges based on acreage, land use, and the rate as established by ordinance. ■ Modification of the current billing procedure. • Create a fund to which utility revenues would be paid into, and from which revenues can be made available for identified expenditures. • Identify the Administrator of the Surface Water Management Utility. The Administrator, typically the Director of Public Works, City Engineer, or City Administrator, is responsible for managing the funds, establishing budgets, and handling rate adjustments. The major effort in administering the utility will be to determine the area and land use category for each parcel in Lino Lakes. Additional effort may be necessary to expand the billing process to include those properties that do not currently receive City water and sewer service. 5.1 Public Acceptance 5.1.1 Public Information Program The storm water utility concept will succeed if it has broad public understanding and support. Additionally, the decision makers and the public must understand the benefits to be derived from such a program. 5.1.1.1 Articles Articles in existing utility billings and in the local newspaper can help explain the program. This "spreading the word" aspect cannot be over emphasized. SEH has prepared a Storm Water Utility information sheet (1 page, 2 sided) that can be used to help educate the public. Unless overwhelming community acceptance of such a program exists, ample time should be set aside for the public information program. 5.1.1.2 Special Mailings Most communities have developed special promotional mailings to introduce the utility concept to the community. These procedures vary from simple to elaborately printed documents. Typically, the mailings outline the need for the program and typical charges by property classifications. In some cases, these promotional materials have also been used to announce upcoming informational meetings. 5.1.1.3 Informational Meetings Community leaders can interface with the general public at informational meetings designed to explain the reason behind the utility and how the utility Feasibility Study 112316 City of Lino Lakes, Minnesota Page 22 will impact individual properties (Jouseau, 1983). An example format would involve a late afternoon/early evening open house followed by a formal presentation. 5.1.1.4 Public Hearing A public hearing is held for final consideration of the utility. The hearing represents a formal opportunity for citizen input prior to Council action adopting the utility ordinance. 5.1.1.5 Common Questions and Answers Appendix B of the report illustrates typical questions (and corresponding responses) that arise during consideration of the utility. 5.2 Ordinance Development 5.2.1 Model Ordinance The following model ordinance is intended to outline the key elements to be included in official controls to support the utility. The legal basis for the utility should be an ordinance and corresponding Lino Lakes policy. The ordinance establishes the storm water utility, and outlines the following: • Calculation of utility fees; ■ Credit system; • Exemptions; • Payment of fee; ■ City policy; and ■ Supporting computations. A model ordinance is provided on the following two pages. The model ordinance differs from some of the more common ordinances in that it establishes a mathematical basis behind the fee system, supported by standard engineering principles and practices. A drafted Lino Lakes Policy Statement in support of the basis and function of the Storm Water Utility follows the model ordinance. 6.0 Storm Water Utility Ordinance 6.1 00.010 - General Operation The City of Lino Lakes storm water system shall be operated as a public utility (hereinafter called the "Storm Water utility" or "utility "), pursuant to Minnesota Statute Section 444.075, from which revenues will be derived subject to the provisions of this Chapter and Minnesota Statutes. 6.2 00.020 - Definitions. Utility Factor 6.2.1 Utility Factor The utility factor is defined as the ratio of runoff volume, in inches, for a particular land use, to the runoff volume, in inches for an average single - family residential, assuming a 2 -inch rainfall and Natural Resources Conservation Services (MRCS) "Type B" soil conditions. Feasibility Study 112316 City of Lino Lakes, Minnesota Page 23 6.2.2 Storm Water Utility Fee The Storm Water utility fee is defined as the annual charge developed for each parcel of land. 6.2.3 Monthly Utility Revenue The utility revenue is the estimated monthly expenditures for planning and inventories, capital expenditures, personnel and equipment and operation of the storm water utility, in accordance with established City of Lino Lakes policy. 6.3 00.030 - Storm Water Utility Factors. The Storm Water Utility fee shall be determined by first determining the percentage of total runoff in Lino Lakes which is attributed to single - family residential property. The fee per acre for single- family residential is computed by computing the product of the runoff percentage and the Storm Water Utility Revenue, divided by the estimated total acres of single - family residential land use in the City of Lino Lakes. The per acre fee for all other individual parcels shall be defined as the product of the single - family residential per -acre fee, the appropriate utility factor and the total acreage of the parcel. Single-family residential, including rural /agricultural residential parcels shall be charged on a per household basis. Feasibility Study 112316 City of Lino Lakes, Minnesota Page 24 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 The utility factors for various land uses are shown in the following table. Table 6 Utility Factors for Various Land Uses Land Use Utility Factor Residential 1.00 High Density 3.30 Commercial 5.14 Industrial 4.01 Institutional 4.01 Parks /Open Space /Cemeteries* EXEMPT Road Right -of -Way EXEMPT Lakes /Streams /Wetlands EXEMPT Undeveloped EXEMPT 6.4 00.040 - Credits The Council may adopt policies, by resolution, for adjustment of the Storm Water Utility fees. Information to justify a credit adjustment must be supplied by the property owner. Such adjustments of fees shall not be retroactive. Credits will be reviewed regularly by City Staff. 6.5 00.050 - Exemptions The following land uses are exempt from the storm water management fee: 1. Public Road Right-of-Way 2. Lakes 3. Wetlands 4. Municipal, County, and State Properties 5. Agricultural/Rural Properties with no improvements or residence 6.6 00.060 - Payment of Fee Storm Water Utility Fees shall be billed every month with water and sanitary sewer bills. The fee shall be due and payable under the same terms as water and sanitary sewer utility bills. Any prepayment or overpayment of charges shall be retained by the City of Lino Lakes and applied against subsequent fees. 6.7 00.070 - Appeal of Fee If a property owner or person responsible for paying the Storm Water Utility fee believes that a particular assigned fee is incorrect, such a person may request that the fee be re- computed. 6.8 00.080 - Penalty for Late Payment Each billing for storm water utility fees not paid when due shall incur a penalty charge of ten percent (10 percent) per billing cycle of the amount past due. Feasibility Study 112316 City of Lino Lakes, Minnesota Page 25 6.9 00.090 - Certification of Past Due Fees on Taxes If any three consecutive Storm Water Utility fees have not been paid when due, then a penalty as set forth on Section 00.080 shall be added to the amount due. Any such past due fees may then be certified to the County Auditor for collection with real estate taxes on the following year, pursuant to Minnesota Statue. In addition, the City of Lino Lakes shall also have the right to bring a civil action or to take other legal remedies to collect unpaid fees. - -- End of Proposed Lino Lakes Storm Water Utility Ordinance - -- 7.0 City of Lino Lakes Storm Water Utility Proposed City Policy 7.1 Policy Statement All properties within the City of Lino Lakes shall contribute to the Storm Water Utility in an amount proportional to the runoff contributed by each particular parcel. 7.2 Exemptions Street and Highway Right -of -Way shall be exempt from all charges. Lakes listed by the Minnesota DNR as Natural Environment Waters, Recreational Development Waters or General Development Waters shall be exempt from all charges. Wetlands on all nonresidential property which are not part of a formal storm water management system and which are maintained in a natural state shall be exempt from all charges. Parkland and open spaces shall be exempt from all charges. Wastewater facilities and airports shall be exempt from all charges if they are permitted individually under the Minnesota Pollutant Discharge Elimination System (NPDES) and are separate, identified Municipal Separate Storm Sewer Systems (MS4's) under NPDES. If it is determined at a later date that wastewater facilities and airports fall within Lino Lakes NPDES Phase II MS4 permit, this exemption may be changed. Agricultural and/or Rural properties that have not been improved or modified with roads and/or structures shall be exempt. Municipal, County, and State owned properties shall be exempt. 7.3 Fee Basis Land Use - Land use for determining storm water utility fees shall be the existing land use at the date of enactment of the Storm Water Utility Ordinance. As land is developed, or redeveloped, the fees will be re- computed based on the revised land use. If downstream facilities (storm sewers, ponds, etc.) have been developed in anticipation of future development, undeveloped property shall be treated as fully developed. Soils - Natural Resources Conservation Services (NRCS) - Type B soils shall be assumed for determining the runoff index (CN) in the revenue equation. Rainfall (P) - A 2 -inch rainfall will be used in the revenue equation. Runoff Feasibility Study 112316 City of Lino Lakes, Minnesota Page 26 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Indices (CN) - The runoff indices for the property classifications are as follows: Table 7 Runoff Indices Land Use Runoff Index (CN) Residential 70 High Density 85 Commercial 92 Industrial 88 Institutional 88 Parks /Open Space /Cemeteries EXEMPT Road Right -of -Way EXEMPT Lakes /Streams /Wetlands EXEMPT Undeveloped EXEMPT Revenue Equation - The revenue equation for computing the runoff volume (Q) shall be based on the runoff equation in the Soil Conservation Service (SCS) National Engineering Handbook Section 4 - Hydrology. The equation is as follows: Q (P- 0.2S)2 P +0.8S 7.4 Credits Storm Water Utility fees may be adjusted under the conditions stated below. It shall be the responsibility of the property owner to provide justification for the fee adjustment. Credits must be applied for by (date) of the year preceding the year in which the credit is to be considered. where S = (1000 /CN) - 10 and P = 2" Storm Water Retention - If it can be demonstrated that an individual parcel retains all or a portion of the rainfall that it receives, the storm water management fee will be reduced by a percentage equal to that percent of the parcel which produces no external runoff. A fee reduction of 20 percent or greater must be demonstrated if the credit is to be applied. Property Under - utilization - If it can be demonstrated that a parcel's existing land use is developed to a lower density than assumed in the fee determination, and that no downstream improvements have been constructed based on potential development of the parcel, a reduction in fee may be considered. Water Quality Facility - Those parcels having facilities constructed specifically for the purpose of water quality enhancement may be eligible for a credit. The credit will be based on the removal efficiency of the facility. The property owner shall provide the calculations demonstrating the phosphorus removal efficiency of the facility. The credit will be equal to 60 Feasibility Study 112316 City of Lino Lakes, Minnesota Page 27 percent of the phosphorus reduction percentage. A fee reduction of 20 percent or greater must be demonstrated if the credit is to be applied. Natural Buffers — buffers that are either preserved or created around Public Water Bodies (as defined by MNDNR) in accordance with the MNDNR Shoreland Recommendations may be eligible for a 20% fee reduction. 7.5 Adjustment of Fees Storm Water utility Fees will be adjusted under the following conditions. Revision of Storm Water Revenue - The estimated expenditures for the management of storm water shall be revised at a frequency determined by the City Council. The fees will be adjusted accordingly and will follow established procedures for this adjustment of utility (water and sewer) rates. Application for Credit — The City shall establish and utilize a credit application form for consideration of fee reduction. It is the responsibility of the property owner to apply for a credit. Change in Developed Condition of Parcel - In the case of residential property; the revised utility rate will take effect immediately following occupancy of the dwelling. With all other development, the revised utility rate will be applied as soon as drainage /water quality features are developed. - -- End of Proposed Lino Lakes Policy Statement - -- 8.0 Billing Options Several key decisions exist relative to billing options. ■ How should it be billed? • Who should pay the bill? Three options are considered for billing. A separate bill. ■ A line item on the annual County tax statement; and • A line item on the existing utility bills (water meter). The separate bill option was eliminated as being too expensive. The option to add a line item to the County tax bill seems more difficult to administer and also has a stronger connotation of being a tax rather than user fee. The option to add a line to existing water meter utility bills is recommended since it is less expensive, the customer base is in place, and it closely aligns with the party who should be paying the storm water utility fee. The next question addresses who should be paying the bill (i.e., the property owner or the occupant/tenant). If the property owner pays, the occupant/tenant would end up paying eventually through their rent. It is assumed that for non -owner occupied properties, that the existing arrangement between those two parties is already being resolved with the water bill and this should minimize later complaints, appeals, and conflict Feasibility Study 112316 City of Lino Lakes, Minnesota Page 28 resolutions. It is further recommended that storm water utility billing be aligned with existing water accounts. For those properties not currently hooked up to municipal services, an account will be created to bill the Storm Water Utility on a quarterly basis. 8.1 Establishing Individual Utility Bills The process of establishing billing from property identification information and incorporating into the existing billing system requires a succession of interrelated steps. It is envisioned that this process will involve the City of Lino Lakes building a data set, likely with the assistance of outside technical support. Simply stated, the challenge is to synchronize parcel areas with their existing land use, multiplied times the billing rate for each respective location code. This land use can be derived from the assessor's land use code in the tax roll, an existing land use map, the official zoning map or a combination of these sources which may involve field verification in some instances. Since the zoning map may not indicate existing land use, that option is not recommended. It is recommended that the assessor's land use code be relied on with cross checks made between the existing land use map and zoning classifications. As described earlier in the text, single- family residential properties, including rural /agricultural residential will be billed a flat per- household rate. Higher density uses will be billed by the acre. As such, Lino Lakes staff will prepare a file with fields for billing code, property identification number or PIN, land use type, rate, acreage (when applicable), and the amount of the monthly bill. It is envisioned that this process will involve the City of Lino Lakes building the data set, with the assistance of outside technical support if needed. 8.2 Conflict Resolution A manual process of conflict resolution is required. The process will verify that all properties have been accounted for and the fee is appropriate. The existing GIS system can provide a graphic solution, but will not eliminate the need for a manual review. 8.3 Initiating New Billings An account can be established before utility service begins. It is recommended that the lot (parcel) not be billed until it is developed and the owner /occupant is paying a water bill. Setting up an initial file or account could be triggered by an application for a building permit. Feasibility Study 112316 City of Lino Lakes, Minnesota Page 29 9.0 Conclusions and Recommendations 9.1 Conclusions From the material presented in this report, the following conclusions have been made: • A basic principle of a SWU should be that revenues equal costs. • The Storm Water Utility method is the best financing option because it is fair, dependable, acceptable, and flexible. • A Storm Water utility, supported by the service charge, provides financing for storm water management improvements, based on a particular property's contribution of runoff water to the drainage system. • The utility benefits a community by providing a dedicated fund for drainage system improvements and maintenance and water quality enhancement. • The key elements to the utility approach are: • All properties benefit; and ■ All developed properties should pay. ■ "Contributors Pay." 9.2 Recommendations • A storm water management utility (Storm Water Utility) should be utilized to pay for Lino Lakes' storm water management program drainage system. • Fees shall be based on runoff contributed to the drainage system, following NRCS (SCS) criteria and a two -inch rainfall. Utilizing the Curve Number Values for a type "B" soil. • An ordinance should be prepared as the legal basis for the utility. • The existing land use (vs. zoning) should be used to determine the storm water management utility fees. • The recommended rate for the Lino Lakes Storm Water Utility should be a $2.50 REU per month ($30 /year). This is projected to fund 100% of the forecasted Storm Water Budget Costs. Feasibility Study 112316 City of Lino Lakes, Minnesota Page 30 1 1 1 1 10.0 References Fifield, Rusty, 1997. Financing Storm Water Improvements. Ehlers and Associates, Inc. Memorandum to the City of Lake St. Croix Beach. September 8, 1997. Fiest, Dennis, 1995. Personal Phone Conversation regarding Public Facilities Administrations role in MPCA Low Interest Loan Program. Financing Water Quality Management & Stormwater Utilities. Metropolitan Council Environmental Services Honchell, Charles V., 1989. Financing Storm Water Projects Using a Storm Water Utility; presented at a March 22 seminar at the Vadnais Heights City Hall. Honchell, Charles V., 1986. Creating a Storm Drainage Utility. American Public Works Association Reporter, pp. 10 -11. Jouseau, Marcel, 1983. Storm Water Management: Financing Local Storm Water Management. Publication No. 10 -83 -143 of the Metropolitan Council of the Twin Cities, pp 37. Kremple, Roger E., 1988. Storm Water Management by Utility Approach , Proceedings of 1988 National Conference of Hydraulic Engineering, Steven R. Abt and Johannes Gessler (Eds.), American Society of Civil Engineers, New York, pp. 1234 -1239. Lutgen, Tom, et al., 1991. Minnesota Department of Natural Resources, Minnesota Public Drainage Manual. September. Midje, Howard, 1992. Hydrology Guide for Minnesota. U.S. Department of Agriculture, Soil Conservation Service, pp. 160. Mockus, Victor, 1969. SCS National Engineering Handbook, Section 4 Hydrology. U.S. Department of Agriculture, Soil Conservation Service, pp. 10.3- 10.6a. Nelson, Arthur C., 1995. System Development Charges for Water, Wastewater and Storm Water Facilities, pp. 173. Oberts, Gary L., 1984. Surface Water Management: Precipitation Frequency Analysis for the Twin Cities Metropolitan Area, p. C -4. Roseville, Minnesota, 1983. Storm Drainage Utility Leaflet. Skirwa, Peter., 1996. General Correspondence regarding MPCA Low Interest Loan Program, April 10, 1995. Veal, Steve, May 1996. Small Cities Await Flood of Storm Water Regulations. American City & County, pp. 42 -47. Feasibility Study 112316 City of Lino Lakes, Minnesota Page 31 Appendix A Legal Considerations (Joseau, 1983) These charges are to be used for the financing of storm water systems including the conveyance system, holding areas, ponds, and related facilities. Storm water projects include the cost of construction, reconstruction, repair, enlargement, improvement or other obtainment and the maintenance, operation, and use of such facilities. The charges made for service rendered shall be, as nearly as possible, proportionate to the cost of providing the service. An important issue to decide when a city is considering user charges is the notion of service and to whom the service is rendered. The concept of a charge for service rendered is unclear with reference to storm sewer service. Of particular interest is: (1) what is the service; and, (2) to whom is the service rendered? To answer these two questions one should look at the purpose of proper storm water management and look at the legislative intent. Proper storm water management is undertaken for two reasons: 1. To provide a conveyance system for the increased volume and rate of surface runoff resulting from activities on the land, whether they are urban or intensive agricultural uses. 2. To insure that the surface runoff does not damage riverain or Lakeshore properties, or the ecology of a lake, thereby lowering riverain and lakeshore property values. The definition of "service rendered" helps in delineating who will receive a storm water sewer service. First, a service is generally provided to the properties generating runoff because they will ultimately rely on a storm water conveyance system. The degree to which a property relies on or uses the system is dependent on how much runoff a property generates beyond the natural runoff level. A user charge rate structure then should differentiate between types of land uses, density of use and parcel size, all significant in determining runoff. The rate structure should also consider instances where no runoff is generated because of land characteristics, or management practices. In addition, a service is provided to properties in areas susceptible to increases in runoff, especially low -lying areas, riverain and lake shore properties. The degree of protection against the effects of flooding, erosion and water quality degradation is commensurate with the proximity to the creek or its floodplain, or to the lake or wetland. Some modifying factors would include topography, views and access to the lake. These types of areas all to often serve as a reminder of the effect of poor storm water management when they flood. The "problem ", often seen as the flooded property, is really the result of poor storm water management up slope. The real problem is how the up slope (or upstream) properties deal with their storm water Feasibility Study 112316 City of Lino Lakes, Minnesota A -1 Appendix B Typical Questions The following is intended to provide an example of typical questions that arise during the consideration of the utility: "Why should I pay if I don't drain into a (drainage) system? I am being taxed by the City of Lino Lakes now for services I do not receive!" There are two principles fundamental to the storm water management program: 1. All real property within a drainage basin will benefit from installation of an adequate storm drainage system. 2. The cost of installing an adequate drainage system should be assessed against the developed property in a basin. These principles may not be easy for property owners to understand at first, but they are key to the storm water management concept. It is difficult for a property owner who lives on a hill to understand how the construction of a storm drain in a low -lying area benefits him. But storm drainage includes much more than just flood control. Keeping streets open to emergency vehicles, maintaining ponds and open channel so they do not become health and safety hazards, and promoting use of drainage facilities for recreation all contribute to enhancing the quality of life. It is important to recognize that development adds to existing drainage problems. The property owner on a hill has, by converting the natural ground cover into streets, concrete and rooftops increased the storm water runoff. This contributes to the drainage problem of neighbors in low -lying areas. To some extent then, the property owner should contribute to the cost of correcting that problem. "Don't create a separate government agency! Why is the present engineering department not capable of handling this need ?" A utility is defined as service charge based on a property's contribution of water to a drainage system. The utility is a financing method, not an agency; the current administration will be the administrator of the program. The utility will be the primary responsibility of the engineering department. "Is the utility really necessary? Hooray! - Now we get taxed because it rains - good idea - consider one for wind too! Or maybe sunshine!" Rainfall causes the need for an adequate drainage system. Development increases the volumes of runoff and associated pollutant loads. To address water quantity (flooding) and water quality issues, a utility or user charge is necessary to finance the cost of the programs. "Why do we pond storm water runoff today instead of just letting water runoff as fast as possible into ditches, storm sewers, rivers, and lakes like we did for years ?" Ponding of storm water runoff allows Lino Lakes to take a proactive rather than reactive approach to managing storm water runoff. As development increases, runoff increases as well. The use of ponding not only provides for the protection of property (flood control), but the reduction of peak flow rates also reduces the cost of installing storm sewer systems and ditch/culvert systems to carry the runoff from point A to point B. Additional benefits of storm water ponding include Storm Water protection and ground water protection. The use of storm water ponds can prevent pollutants associated with storm water from being carried downstream to lakes and wetlands thereby enhancing downstream water quality. Additionally, by keeping water on the land rather than letting it drain away, infiltration of storm water can help to recharge the ground water levels. Feasibility Study 112316 City of Lino Lakes, Minnesota B -1 "Will there be a charge on vacant land ?" Under the proposed policy vacant (undeveloped and non - impacted) land will not be charged. "Will there be a different charge on large lots ?" To keep the utility formula as simple as possible, a flat rate charge was developed for all single - family residential households in Lino Lakes regardless of the size of the individual lot. The basis for this decision is that although the overall lot size may vary, the amount of impervious surface for an individual single - family residence is very similar. Since the amount of impervious surface is similar for most of these lots, they are all charged the same amount. "Can we assess the State and /or County for their roads ?" While it is true that State and County roadways and rights -of -way, as well as Lino Lakes' own roadways and rights -of -way, produce significant runoff; roadways have not been included in the utility formula. Although there is no specific reference in Chapter 444 of Minnesota State Statutes prohibiting communities from charging publicly owned rights -of -way, such a charge is only taking money from one pocket and putting it into another. Other communities have not considered a charge for public roadways under their utility formulas. "I understand that the utility fund is trying to generate revenue. What are we receiving that we are not already being given ?" The utility fund finances Lino Lakes' storm water management program. Issues to be addressed include: • Water quality improvements; • Wetland protection and enhancement; • Erosion and sediment control; • Drainage system maintenance and replacement; • Community education; and • Improved fish, wildlife, and recreational opportunities. Although activities such as addressing localized drainage problems and street sweeping are services currently provided by Lino Lakes, the utility provides the means to take a proactive management approach rather than reacting to problems after they have occurred. "Why can't persons police themselves in regard to storm water runoff, especially involving pollutants, etc. ?" People can certainly police themselves. Another aspect of the water quality management program is to raise public awareness through public education efforts. Past history has shown that a lack of public awareness regarding lawn care, for example, can result in water quality impacts to lakes, streams and wetlands. As the general public becomes more informed about water quality issues, self - policing, as is suggested in the question, can become a reality. "Will there be a sales tax on the Storm Water Utility charges ?" No sales tax is considered with the utility charge. Feasibility Study 112316 City of Lino Lakes, Minnesota B -2 "What are the benefits of a Storm Water Utility ?" This question will be addressed in two parts. First, the benefits of the storm water management program will be discussed, and second, the advantages of the storm water utility as a financing method will be addressed. Many of the benefits and services to be provided through Lino Lakes' water management program have already been described. Lino Lakes' storm water management program will address wetland protection through regulation (ordinances) and through capital improvements. Such efforts will help to protect the natural amenities that are so important to residents of Lino Lakes. Second, flooding problems can be reduced significantly by planning for proper ponding areas and storm water conveyance systems addressing the increase in runoff from continuing development in Lino Lakes, in a cost effective manner. The benefits of using a Storm Water Utility to fmance storm water management programs are numerous. First of all, a utility is funded by a service charge on all developed parcels. Charges are based on the amount of water that drains away or runs off from a particular parcel. Second, since there is a direct correlation between water runoff and the impact it creates, the greater the runoff the greater the impact on storm waters and, therefore, the greater the charge. Charges are not based on property value, as are property taxes. Third, tax - exempt properties pay their fair share under the utility plan. The utility is favored because (1) it is considered fair; charges are based on runoff rather than property value as is the case with general taxes, (2) it is dependable; the utility is self - financing it does not compete with other governmental services for revenues and it provides consistent funding which is kept in separate dedicated funds, (3) it is simple and flexible; utility charges are similar to water and sewer charges the fee system is adaptable to local situations and credits and exemptions can be built in, and (4) it is acceptable; no increase in property tax is required and a regular small service charge is typically more acceptable to residents than a large one -time assessment. Feasibility Study 112316 City of Lino Lakes, Minnesota B_3 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Appendix C Suggested SWU Credits Policy and Application Form EXAMPLE Storm Water Utility Best Management Practices Credit Background On DATE the Lino Lakes City Council approved a Storm Water Utility (Ordinance No. XXX) to finance the City's Storm Water Management Program. In addition, the Utility will be utilized to finance compliance with the City's National Pollution Discharge Elimination System Phase II (NPDES Phase II) Storm Water Pollution Prevention Plan (SWPPP) for the City's Municipal Separate Storm Sewer Systems (MS4) as outlined in the City's Storm Water Permit. The Utility provides for credits for the use of Storm Water Best Management Practices (BMPs) such as storm water ponds, green space, undeveloped land, etc. Credits must be applied for by Dec. 15th of year preceding the year in which the credit is to be considered. The amount of the credit will be determined by the City Engineer and approved by the City Council. A property owner may appeal to the City Council regarding a determination of the credit once per calendar year. Commercial, Industrial, Institutional A credit may be granted to a Commercial, Industrial or Institutional parcel that can demonstrate a minimum reduction of 20% of the amount of storm water leaving the parcel via the use of an approved Storm Water Best Management Practice (BMP). Credits can be combined to account for a total reduction of up to 75% of the Utility Fee. Documentation must be provided to the City of for evaluation of the claim. It is strongly suggested that the documentation be prepared by a licensed professional engineer of the State of Minnesota and provide the necessary drawings and calculations to support the claim. It is the applicant's responsibility to prove the claim. Examples of Best Management Practices 1. Storm water retention and infiltration systems, grassed swales and drainage from parking lots into grassed surfaces. 2. Storm Water Detention ponds are not eligible for a credit since the water from the ponds is discharged to the City's storm sewer system. MS4. Land Use Credits Vacant Land Credit Vacant land meeting the following criteria is to be excluded from the area used to calculate the monthly charge. • The property must not be developed in any way, or have been developed in the past ten (10) years. The property must reflect land in an "undisturbed, natural state" with non - impacted soils (i.e., the soils are not compacted). • The vacant land must represent at least 50% of the total parcel Feasibility Study 112316 City of Lino Lakes, Minnesota C -1 • Vacant land does not include "green space" as outlined below Green Space Credit Green space areas meeting the following criteria can receive up to a 75% reduction from the area used to calculate the monthly charge. • Green spaces shall be contiguous pervious vegetated areas incorporated into the developed parcel. • The space shall not have more than 25% impacted, compacted soils. Examples of impacted spaces are trails, ball fields, gravesites, golf courses and picnic areas. • Green space must be 20 feet or more away from the nearest impervious surface or structure. • The green space must be a minimum of 1 acre in size and not less than 25% of the total parcel. • Grassed parking areas that are utilized more than 15 days per year are excluded from the green space credit, as these are impacted, compacted soils. Authority Administrative implementation of this policy was reviewed by the Lino Lakes City Council on INSERT DATE. The Best Management Practices Credit Form, if not attached, can be obtained on the city's website at www.xxx.xx in the storm water management section, or by calling Public Works at (XXX) XXX -XXXX Feasibility Study 112316 City of Lino Lakes, Minnesota C-2 1 1 EXAMPLE 1 Storm Water Utility 1 Best Management Practices Credit Form 1 Property Owner: 1 Street Address: Lino Lakes, MN 1 Parcel I.D. # (If unknown, leave blank) Contact Name: Phone Number: Email Address: How should we contact you? Phone or Email? When can we contact you with any questions? Brief Description of the BMP or Land Use Credit: For commercial, industrial and institutional properties only: Estimated reduction in storm water volume: Please attach any documentation supporting this claim to this application. It is the applicant's responsibility to prove the claim. Feasibility Study 112316 City of Lino Lakes, Minnesota C -3 1 1 1 1 1 1 1 1 1 1 1 Appendix D Example Public Education Flyer and Public Information Meeting Notice Financing Maplewood's Storm Water Management with a Environmental Utility The Financing Dilemma The cost el constructing, operating, and maintaining Maplewood% storm water facilities continues to increase along with other municipal coatis. In fact, the storm drainage system is often the last and most expensive public utility for cities to develop. Traditional methods of financing storm water mprrn rents have become more complex in recent years. Faced with increasing costs and continuous pressure to minimize prope ty taxes, cities may lade the financial resources to undertake multi -year storm water management proram. City general funds and special assessments have typically financed most of the necessary improvements in the past Howevw, special assessments are often successfully challenged in court.. Consequently, many communities lack the proper funding to address the increasing costs related to storm water drainage, water quality management, and wetland protection. Service charges, which have teen used by communities to finance sanitary sewer and water systems, are now being applied to storm water management. The utility approach is gaining recognition as the most equitable way to finance soon water management activities while allowing far development. An eri irc mental utility has been the answer to the financial needs of the equation for many communities What is an Environmental Utility? lea`s start with what the utility is not. The utility is not a new level of government, nor is the utility a new tax. An environmental utility is simply a method of financing the administration, planning, implementatia and maintenance of storm water best management practices (BMPs ). This utility does not replace existing funding sources — it complements therm. The utility is northing more than a service charge or fee. The utility fee is typica lly gainst all develcped parcels within a city based on the premise of 'contributors Foy." Where and Is In a natural state, most rain soaks into the ground or is retained in small depressicns. Nlhere development has beea prevalent, rooftops, driveways, and parking lots prevent rainfall from soaking into the around The rain tuns off into streets, ditches, ponds and lakes, creating the need for drainage systems and to protect the quality of our water resou rces. Therefore, the fee is based on how much water runoff andor pollutant load is contributed by a particular parcel This consistent, dependable revenue source provides a dedicated fund to manage the drainage system and water quality improvements without increasing property taxes or using assessments. A utility also provides the Bans to handle the increasing costs through small adjustments in the utility +urges. "The utility fee is typically charged against all developed parcels within a city based on the premise of "contributors pay.° Feasibility Study 112316 City of Lino Lakes, Minnesota D -1 HowWili the Utility Benefit the Community? The utility benefits the community by providing a dedicated fund for storm water management activities. Benefits associated with storm water manage- ment include: • Manage water quality and flood issues *Water quality improvements • Drainage system construction and maintenance Erosion and sediment control • Community education • Wet land protection • Improved fish, wildlife, and recreation opportunities #11,518, Copyright 2003 'the uiIityapproth is based on the concept "contributors pay.' The rate structure is based on land use type, density. parcel size, and the amount of =off andfor pollution load contributed by a particular parcel. Contributors Pay Concept Storm Water Utility Advantages Fair • Charges are based on runoff rather than property value as is the case with general taxes. Dependable • Self financing — does not compete widi other governmental agencies for general revenues. • Provides consistent funding and Is easily projected. • Revenues are kept in separate, dedicated funds. • Can be used for debt services on revenue bcnds, Simple and Flexible • Similar to water and sewer charges. • Adaptable to existing bilhng systems. • Credits, exemptions, and appeals are designed into the system. Acceptable • No increase in property uxes. • Regular small service charge is more acceptable than a large one-time assessment. • Utilities are in use inund the ccuntry. For more information please contact Bill Priefer with the Maplewood Public Works Department at 651.249.2406. Feasibility Study 112316 D-2 City of Lino Lakes, Minnesota SEH Multidisciplined. Single Source. Trusted solutions for more than 75 years. www.sehinc.com 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 • • • WS — Item 4 WORK SESSION STAFF REPORT Work Session Item 4 Date: Council Work Session, July 6, 2010 To: City Council From: Michael Grochala Re: 6931 Lake Drive — John Freimuth Background At the June 14, 2010 regular City Council meeting, Mr. John Freimuth, 7381 Jon Avenue, spoke to the council regarding his interest in purchasing the property at 6931 Lake Drive to operate a recycling center. Mr. Freimuth explained that existing city requirements made moving into the building cost prohibitive, specifically concerning installation of a fire suppression system. Mr. Freimuth previously brought this issue to the Planning & Zoning board. The board was supportive of his business moving to the city, but not necessarily at this location. Analysis The building located at 6931 Lake Drive, former site of Bill's Rental, has been vacant since April of 2006. The site is zoned LI, Light Industrial and is guided as Performance Land Use within the 2002 Comprehensive Plan. The draft 2030 plan guides the property as Commercial. There are a number of issues with the existing structure, waste disposal and site requirements that need to be resolved in accordance with current city code requirements regardless of the proposed use. However, for the purpose of this report we will concentrate on the three major issues regarding Mr. Freimuth's proposal: 1) The proposed use is not allowed within the LI, Light Industrial zoning district or any other city zoning district. 2) The proposed use is not supported by the Comprehensive Plan (both the existing 2002 plan and the draft 2030 plan). 3) A fire suppression system must be installed in accordance with the Building Code. 1 Zoning Mr. Freimuth is proposing to operate a recycling center. Under the City's zoning ordinance the proposed use would be considered a "Junk Yard ". The zoning ordinance defines "Junk Yard" as follows: Junk Yard. Any area, lot, land, parcel, building or structure or part thereof used for the storage, collection, processing, purchase, sale or abandonment of wastepaper, rags, scrap metal or other scrap or discarded goods, materials, machinery or two (2) or more unregistered, inoperable motor vehicles or other type of junk. Junk Yards are not permitted within any zoning district in the City. Mr. Freimuth has provided correspondence that his proposed use would require between 1 to 10 roll off dumpsters for the collection of drop off recyclable materials. This would be considered "Exterior Storage" under the zoning ordinance. Exterior storage is not allowed in the LI, Light Industrial zoning district where properties abut property zoned for residential, rural, or business use. "Abutting" includes property across a street. Comprehensive Plan The Performance Land Use designation was intended to allow a variety of land use types provided it is able to demonstrate compliance with a number of performance standards related to land use compatibility, site function, aesthetics, environmental protection and site access. The 2002 Comprehensive Plan provisions for "Performance Land Use" include specific performance criteria. The plan (pg. 96) specifically states that "Outdoor sales and storage is prohibited." The draft 2030 plan guides this area as commercial. A significant amount of discussion was undertaken by the Comp Plan Advisory Panel regarding this site due to the existing uses and its location as "Gate Way" into the city. The panel determined that the commercial designation was the preferred land use to accomplish redevelopment of the area. A zoning change to accommodate the proposed use is not supported by either the 2002 plan or the draft 2030 plan. Fire Suppression System Mr. Freimuth raised concerns regarding the city's fire suppression requirements. The building at 6931, based on the proposed occupancy, will need to be sprinkled. A system was installed, with the Bill's Rental occupancy, however it was never energized. It is unclear at this time whether that system is still in place. The city water system does not currently service the site. A fire suppression system would require either the extension of 2 • • • • • • public utilities or an on -site well and storage system. Mr. Freimuth noted that these options did not make this site financially feasible for his purposes. He also stated that the fire suppression requirements were local requirements - not state required. The City has adopted Section 1306 of the State Building Code, which authorizes optional provisions for the installation of fire suppression systems. Section 1306 is more restrictive than the general sprinkler requirements under the State Building Code by lowering the threshold for sprinkler protection in new buildings and additions to existing buildings. Adoption of 1306 is a requirement of the Centennial Fire District Joint Powers Agreement (JPA). The JPA has been in effect since 1990 and the city has enforced the 1306, as amended, since that time. The purpose of 1306 was to control future fire loss. This is accomplished, in part, by placing the burden for fire protection on the developing property owners in the form of sprinkler systems as opposed to the taxpayer in the form of more firefighters, stations and vehicles /equipment. More significantly, it is an important life safety enhancement. Repealing Chapter 1306 would require amending the Centennial Fire District JPA and would effectively lower our development standards. Section 1306 does provide an exemption if the building does not have an adequate water supply and the building is surrounded by public ways or yards more than 60 feet wide on all sides. However, this property does not meet the 60 foot requirement. Jerry Streich, Centennial Fire Chief will be at the meeting to answer any question regarding Section 1306. Repeal or change in this requirement could have the impact of increasing fire protection costs across the community as well as a change in the city's fire insurance rating which may impact premiums. General Comments While both staff and council would like to see the site actively used, we need to balance that with the long -term goals of the city. For better or worse, the market is the main driver in this transition. Staff continues to seek potential redevelopment opportunities that will aid in the site redevelopment and ultimately result in a higher, more stable, long- term tax base for the city. Additionally, staff has identified other sites within the city's GI, General Industrial district that while still requiring a zoning amendment, would be more appropriate for his business. Unfortunately, those sites do not meet his current needs. Council Direction Council requires no action. The following questions should be considered if the council wishes to pursue changes to accommodate Mr. Freimuth's proposal. 3 1. Does the City want to change the draft 2030 plan to guide this area for industrial use? 2. Does the City want to amend the zoning ordinance to allow Junk Yards as a permitted use within a zoning district? 3. If yes to No. 2, does the City want to allow Junk Yards in the LI, Light Industrial district? 4. Does the City want to amend the zoning ordinance to allow Exterior Storage on properties abutting land zoned for residential, rural or business use? 5. Does the City want to amend the Centennial Fire District JPA to eliminate the requirement to adopt Section 1306 of the State Building Code? Attachments 1. Planning and Zoning Board minutes. 4 • • • • • CITY OF LINO LAKES PLANNING & ZONING BOARD MINUTES DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS ABSENT STAFF PRESENT : November 18, 2009 . 6:37 P.M. . 8:37 P.M. : Elizabeth Brady, Michael Hyden, Perry Laden, Robert Nelson, Brian Pogalz (Vice Chair), Michael Root, Paul Tralle (Chair) : None : Paul Bengtson, Michael Grochala, Jeff Smyser, Jim Studenski I. CALL TO ORDER AND ROLL CALL: Chair Tralle called the Lino Lakes Planning and Zoning Board meeting to order at 6:37 p.m. on November 18, 2009. II. APROVAL OF AGENDA The Agenda was approved as presented. III. APPROVAL OF MINUTES: October 14, 2009 Mr. Hyden made a MOTION to approve the October 14, 2009 Minutes. Motion was supported by Mr. Nelson. Motion carried 6 - 0. IV. OPEN MIKE Chair Tralle declared Open Mike at 6:38 p.m. Mr. John Freimuth, 7381 Jon Ave, stated that he is interested in moving three businesses into the city. Through his discussions with city staff, he was informed that one business does not fit into the existing zoning for the property. This business is an appliance and recycling company, and city ordinance does not allow junk yards in the zone he is interested in. The building he is looking at is located at 6931 Lake Drive, formerly Bill's Rental Center. Mr. Freimuth explained that his business is specifically a recycling collection center. He is licensed to collect appliances that involve hazardous waste, such as refrigerators with freon, compressors with oil, and fluorescent bulbs with mercury. He would store all items inside and follow proper disposal procedures for all items. He is APPROVED MINUTES Planning & Zoning Board November 18, 2009 Page 2 also a licensed insurance agent, and the building has an 800 sq. foot office with a basement. He would run a data storage company to store data for websites, but the city did not have issues with the part of his business. He stated that the recycling business would be open to the public, and he would be able to accept many items free of charge. He has state, county and federal government permit approval for recycling as well as a hazardous waste generator license and freon license. He accepts appliance deliveries about two to three times per week from a 20 -yard roll -off. He currently runs his recycling business in Columbus. He is aware that additional work would need to be done to the existing building. He is interested in moving into the site as soon as possible. He would like to get city approval and purchase the building before the draft Comp Plan is adopted and goes into effect. He knows that the sprinkler system is insufficient, and he would speak to the fire department about the possibility of converting to a dry pressure system. Paul Bengtson, Associate Planner, explained that the location of the building crosses the property line of the adjoining lot. Mr. Freimuth would need to combine the lots, or remove the back portion of the building that crosses the lot line. He stated the parking area should also be combined. Mr. Freimuth responded that he is interested in purchasing both lots. The Board asked what would be necessary for a recycling company to be allowed. Mr. Bengtson stated that the interpretation by staff of the zoning ordinance is that this use qualifies as a junk yard. An applicant could request a change, and the city would then have to consider all possible effects. Mr. Freimuth would like to occupy and fix the existing building and make future improvements if he is financially able. He is aware that the site would require considerable screening. Jeff Smyser, City Planner, reminded the board that the Comprehensive Plan Advisory Panel considered this site a gateway area to the city. Therefore, they guided the site for commercial use in order to facilitate higher value development there that could finance extending city utilities to the site. Chair Tralle commented that this piece of property has been vacant for some time, and felt that Mr. Friemuth could work with the city to improve and use the site. Otherwise, it may remain unused for a long time. He pointed out the importance of a positive business owner interested in an unused site. Staff explained that an application would have to be submitted to the city, along with appropriate fees and an escrow deposit. Review could potentially take up to six months before the site could be used. Mr. Freimuth stated that he was looking for direction from the board before making a financial investment. APPROVED MINUTES Planning & Zoning Board November 18, 2009 Page 3 The majority of board members agreed that they were generally in favor of this type of use in the city, but not necessarily at this particular location. Board members pointed out that this is a "gateway" location to the city. The Board suggested that Mr. Freimuth could consider a different property. Jason Snyder, 7090 20`h Ave S., owner of Bobby & Steve's Auto World, is interested in a bigger sign on the freeway. He has been speaking with city staff and is hoping that the board is interested in helping an existing business succeed. He would like to be allowed a 65 -foot high sign. He pointed out that the previous owner, Joan Tschida, put in a request for a 65 foot sign and was denied, and she went out of business. He is looking to be more visible from the freeway, and considers himself to be a freeway business. Mr. Bengtson stated that the existing sign is the maximum size allowable by ordinance. The motor fuel station site is separated from the freeway by a small parcel and road right - of -way, therefore the site is not considered to be adjacent to the freeway. Mr. Bengtson also pointed out that property owners are not allowed off - premise signs. The majority of board members agreed that they would generally be in favor of allowing increased sign height in relation to the freeway. Mr. Bengtson stated that a variance to the sign ordinance would not be allowed, therefore the existing ordinance would need to be amended. Mr. Snyder was directed to apply for an amendment if he wished to proceed. Mr. Pogalz made a MOTION to close Open Mike at 7:31 p.m. Motion was supported by Mr. Laden. Motion carried 6 - 0. V. ACTION ITEMS A. None VI. DISCUSSION ITEMS A. CSAH 34 (Birch Street) Corridor Study — SRF Consulting Group and Anoka County Brian Shorten and John Hagen of SRF Consulting Group, and Jack Corkle of the Anoka County Highway Department, were present to update the board on the progress of the CSAH 34 Corridor Study. Mr. Shorten made a presentation to explain the process and progress. They will return to the city to make future presentations. The goal of the study is to plan and develop CSAH 34 to function as a safe east -west minor arterial. Objectives include improving safety, improving mobility, and coordinating transportation improvements and land use plans. The study is approximately 2/3 complete. APPROVED MINUTES WS -5 WORK SESSION MEMORANDUM To: Mayor and Council Members From: Al Rolek Date: July 6, 2010 Re: Metro I -NET Joint Powers Agreement cc: As you know, the City currently has a Joint Powers Agreement (JPA) with the City of Roseville for administration and maintenance of the City's computer network, exchange server and email system and phone system. Roseville provides the same services for several other entities, including Arden Hills, East Bethel, Falcon Heights, Forest Lake, Gem Lake, Lake Elmo, Lauderdale, Little Canada, Mounds View, North Oaks, North St. Paul, Oakdale, Ramsey Washington Watershed District, Saint Anthony, Vadnais Heights and White Bear Township. The shared network provides services to over 1,000 city employees working at 95 facilities scattered across a 4 county area. To facilitate the operations of the growing network, an ad hoc users group was formed to discuss operational policies, provide for an equitable cost recovery amongst participants, and to guide deployment of new and emerging technologies. Metro -INET, as the network is called, is one of the largest municipal networks in the State. Since the network provides numerous shared services it has become necessary to develop a governance structure to insure the continued operations of the network in the absence of one or more members. This is the basis for the development of the joint powers board. The purpose of the board is detailed in the agreement. The structure of the board is similar to other local and regional boards including LOGIS, another metro area information technology consortium however a few important differences exist. 1) The members of the board include only appointed city staff. As the purpose of the board is to guide municipal operations and deals mainly with providing IT services to city employees, the board must be comprised of those city employees responsible for these services within their own individual organization. This requires the city manager /administrator /clerk represent their organization on the board. 2) Establishing the fiscal and operating agent. This requirement designates a member agency to oversee the operations of the network and manage its resources including finances, acquisition of property and equipment, human resources, and supervision of shared technical staff. This eliminates the costs associated with establishing a separate entity charged with these responsibilities. The primary purpose of the board is unchanged from that of the current ad hoc Metro -INET Users Group. By establishing the joint powers board the multiple agreements between Roseville and each participating agency (17 in all) would effectively be replaced by this agreement, insuring the continued operations of Metro -INET in the absence of Roseville or any other agency. The acquisition of these services via these means has been advantageous to the City in terms of cost and efficiency, has kept necessary staff to a minimum and has provided excellent response to our needs on a 24/7 basis. To continue to facilitate the operation of the City's computer and phone systems through this cooperative venture, staff is recommending the the City Council approve this agreement by August 1. Staff will be available to discuss the agreement at the work session and, if necessary, bring in a representative from Roseville at the July 26 work session to answer any remaining questions. JOINT POWERS AGREEMENT FOR DEVELOPMENT OF THE NORTH EAST METROPOLITAN AREA MUNICIPAL NETWORK, A REGIONAL BROADBAND NETWORK COLLABORATIVE The parties to this agreement are governmental units of the State of Minnesota. This agreement is made and entered into pursuant to Minnesota Statutes, Section. 471.59. I. GENERAL PURPOSE The general purpose of this agreement is to provide for an organization through which the parties may jointly and cooperatively provide for the development and operations of advanced networking and data services for the use and benefit of the parties and others. To the extent permitted by law, the Members will support the establishment of the network and seek to expand the number of participating agencies. II. DEFINITION OF TERMS Section 1. For the purposes of this agreement, the terms defined in this article shall have the meanings given them. Section 2. "North East Metropolitan Area Municipal Internetworking Collaborative" means the organi- zation created pursuant to this agreement, which organization is hereafter referred to as "METRO -INET" Section 3. "Board" means the Board of Directors of METRO -INET, consisting of one director from each governmental unit which is a member of METRO -INET. Section 4. "Council" means the governing body of the member governmental unit. Section 5. "Member" means a governmental unit which enters into this agreement and is at the time involved, a party in good standing. Section 6. "Governmental unit" means any city, township, independent public safety organization, watershed district, or other political subdivision of the State of Minnesota. III. MEMBERSHIP Section 1. Any governmental unit is eligible to be a member of METRO -INET. Section 2. A governmental unit desiring to be a member shall execute a copy of this agreement and shall pay the established charges. Section 3. The initial members shall be those members who have an established joint powers agreement with the City of Roseville - Minnesota on or prior to December 31, 2009. 1 Section 4. Governmental units joining METRO -INET after January 1, 2010, shall be admitted only upon the favorable vote of two- thirds of the members of the board. The board may impose conditions upon the admission of members other than the initial members. IV. GOVERNANCE Section 1. METRO -INET shall be governed by a Board consisting of the manager /administrator of the Member, as defined. Each member shall be entitled to one director, who shall have one vote. Section 2. Each member shall also be entitled to one alternate director consisting of an appointed official, who shall be entitled to attend meetings of the board and who may vote in the absence of the member's director. Section 3. There shall be no voting by proxy; all votes must be cast in person at board meetings by the director or his alternate. Section 4. Change of the director or alternate director requires notice of such appointment to METRO - INET in writing. Such notice shall include the mailing address of the persons so appointed. The names and addresses shown on such notices will be used as the official names and addresses for the purposes of giving any notices required by this agreement or by the bylaws of METRO -INET. Section 5. A majority of the appointed directors shall constitute a quorum of the board. Section 6. At the first meeting of the board and in April of each even numbered year after 2010, the board shall elect from its directors a Chair, a Vice -Chair and a Secretary. Section 7. At the organizational meeting or as soon thereafter as it may reasonably be done, the board shall adopt bylaws governing its procedures including the time, place and frequency of its regular meetings. Such bylaws may be amended from time to time. V. MEETINGS AND ELECTION OF OFFICERS Section 1. Any governmental unit desiring to enter into this agreement may do so by the duly authorized execution of a copy of this agreement by its proper officers. Thereupon, the clerk or other corresponding officer of the governmental unit shall file a duly executed copy of the agreement, together with a certified copy of the authorizing resolution or other action, with the city manager of the City of Roseville. The resolution authorizing the execution of the agreement shall also designate the first director and alternate for the member. The agreement shall become effective when it has been authorized by five (5) governmental units and when executed copies from such governmental units, together with certified copies of the authorizing resolutions, have been duly filed as set out herein. Within thirty (30) days after the effective date of this agreement, the manager of the City of Roseville shall call the first meeting of the board, which shall be held not later than fifteen days after the notice has been delivered. Section 2. A director (or their alternate) shall not be eligible to vote on behalf of his governmental unit during the time that such governmental unit is in default on any contribution to METRO -INET or on any contract with it. During the existence of such default, the vote or votes of such governmental unit shall not be counted as eligible votes for the purposes of this agreement; If a governmental unit remains in default for a period of more than 45 days on any billing from METRO -INET, the membership of such governmental unit may be terminated by a majority vote of the Board. 2 Section 3. Special meetings of the board may be called (a) by the chair, (b) by the executive committee or (c) by the executive committee upon the written request of a majority of the directors. Five days' written notice of special meetings shall be given to the directors and alternates. Such notice shall include the agenda for the special meeting. Section 4. The specific date, time and location of regular and special meetings of the board shall be determined by the executive committee. Section 5. Notice of regular meetings of the board shall be given to the directors and alternates by the secretary- treasurer of the board at least fifteen (15) days in advance and the agenda for such meetings shall accompany the notice. However, business at regular meetings of the board need not be limited to matters set forth in the agenda. VI. POWERS AND DUTIES OF THE BOARD Section 1. The powers and duties of the board shall include the powers set forth in this article. Section 2. The board shall take such action as it deems necessary and appropriate to accomplish the general purposes of the organization including the establishment of data processing and information systems, engaging in the development and implementation of the necessary programs therefore, acquiring any necessary site, purchasing any necessary supplies, equipment and machinery, employing any necessary personnel and operating and maintaining any systems for the handling of data processing and management information for the members and for others. Any of the foregoing activities, or any other activities authorized by this agreement, may be accomplished by entering into contracts, leases or other agreements with others, whenever the board shall deem this to be advisable. Section 3. The board shall designate a member to serve as fiscal and operations agent ( "Agent ") of METRO -1NET. The Agent shall be responsible for the management of the affairs of METRO -INET as outlined in Article VIII. Section 4. The board may establish and collect charges for its services to members and to others. Section 5. The board may accept gifts, apply for and use grants, or use property from the state, or any other governmental units or organizations and may enter into agreements required in connection therewith and may hold, use and dispose of such moneys or property in accordance with the terms of the gift, grant, loan or agreement relating thereto. Section 6. The board shall establish the annual budget for the organization as provided in this agreement. Section 7. The board shall make its data processing and management information systems available to its members, subject to reasonable charges for the development and processing thereof. Section 8. The board may exercise any other power necessary and incidental to the implementation of its powers and duties. VII. OFFICERS Section 1. The officers of the board shall consist of a chair, a vice -chair and a secretary who shall be elected at the regular annual meeting of the board held in even numbered years after 2010. New officers shall take office at the adjournment of the annual meeting of the board at which they are elected. 3 Section 2. A vacancy shall immediately occur in the office of any officer upon his resignation, death or upon his ceasing to be an employee of his member governmental unit. Upon vacancy occurring in any office, the executive committee shall fill such position until the next meeting of the board. Section 3. The three officers shall all be members of the executive committee. Section 4. The chair shall preside at all meetings of the board and the executive committee. The vice - chair shall act as chair in the absence of the chair. Section 5. The secretary shall be responsible for keeping a record of all of the proceedings of the board and executive committee. VIII. FISCAL AND OPERATING AGENT Section 1. The Agent shall be responsible for custody of all funds, for the keeping of all financial records of the organization and for such other matters as shall be delegated to the fiscal agent by the board. The fiscal agent shall post a fidelity bond or other insurance against loss of organization funds in an amount approved by the board, at the expense of the organization. Section 2. The Agent shall be granted the power to make contracts as it deems necessary to make effective any power to be exercised by METRO -INET pursuant to this agreement; to provide for the prosecution and defense or other participation in actions or proceedings at law in which it may have an interest; to employ such persons as it deems necessary to accomplish its duties and powers on a full -time, part-time or consulting basis; to conduct such research and investigation as it deems necessary on any matter related to or affecting the general purposes of the organization; to acquire, hold and dispose of property both real and personal as the board deems necessary; and to contract for space, materials, supplies and personnel either with a member or with a number of members or elsewhere. IX. ADMINISTRATOR Section 1. The fiscal and operating agent of the board shall be designated as the administrator of the board who shall designate an employee of their agency to serve as the Administrator. X. EXECUTIVE COMMITTEE Section 1. The board shall have an executive committee consisting of the three officers as defined in Article VII, and the Administrator as defined in Article IX. Vacancies of members on the executive committee may be filled by the board of directors at any regular or special meeting. Section 2. The executive committee may adopt bylaws governing its own procedures, which shall be subject to this agreement, the bylaws of the board, and any resolutions or other directives of the board. Section 3. Three members of the executive committee shall constitute a quorum. Section 4. The executive committee shall meet at the call of the chair or upon the call of any two other members of the executive committee. The date and place of the meeting shall be fixed by the person or persons calling it. At least forty -eight (48) hours advance written notice of such meeting shall be given to all members of the executive committee by the person or persons calling the meeting. Such notice, 4 however, may be waived by any or all members who actually attend the meeting or who give written waiver of such notice for a specified meeting. Section 5. The executive committee shall have the following duties; (a) It shall exercise the powers and perform the duties delegated to it by the board of directors subject to such conditions and limitations as may be imposed by the board. (b) It shall cause to be prepared a proposed annual budget each year which shall be submitted to the board of directors at least thirty days before the annual meeting. (c) It shall present a full report of its activities at each regular meeting of the board. Section 6. It shall have authority to fix charges for the use of the programs and facilities of METRO - INET, both as to members and nonmembers consistent with policies and guidelines established by the board. XI. FINANCIAL MATTERS Section 1. The fiscal year of METRO -INET shall be the calendar year. Section 2. An annual budget shall be adopted by the board at the annual meeting in April of each year. Copies shall be mailed, promptly thereafter, to the chief administrative officer of each member. Such budget shall be deemed approved by the member unless, prior to October 1st of the year involved, the member gives notice in writing to the METRO -INET secretary- treasurer that it is withdrawing from the organization. Section 3. The board shall have authority to fix cost sharing charges for all members in an amount sufficient to provide the funds required by the budgets of the organization. It shall advise the chief administrative officer of each member, on or before April 1 of each year, of the amounts of such charges. Section 4. Billings for all charges shall be made by the fiscal agent and shall be due when rendered. Any member whose charges have not been paid within 45 days after billing shall be in default and shall not be entitled to further voting privileges nor to have its director hold any office nor to use any METRO -INET facilities or programs until such time as no longer in default. In the event that such charges have not been paid within 45 days after such billing, the membership of such governmental unit may be terminated by a majority vote of the Board. In the event of a bona fide dispute between the member and the board as to the amount which is due and payable, the member shall nevertheless make such payment in order to preserve its status as a member, but such payment may be made under protest and without prejudice to its right to dispute the amount of the charge and to pursue any legal remedies available to it. Section 5. The charges of METRO -INET shall be divided, for cost sharing purposes, into three classes; (a) Class 1 Charges. These charges shall be made to cover the organization's general, administrative and operational expenses not falling within Classes 2 and 3. Class I charges shall be made as fixed monthly, quarterly or annual membership dues. They shall be determined annually by the board of directors. They shall not be retroactively applied to new members. (b) Class 2 Charges. These charges shall be made to cover the costs of design and development of computer programs and systems and other capital costs. The initial members of METRO - INET shall pay such portion of the Class 2 charges as shall be established by the board, 5 provided that the board shall attempt in good faith to pro rate such Class 2 charges among the members in as equitable a manner as possible, giving consideration among other things, to anticipated use of the programs, systems and facilities of the organization. Any new members joining METRO -INET after January 1, 2010, shall pay a prorated share of the accumulated Class 2 charges which have been charged to or incurred by all members, as computed by the board on the same formula as for initial members as the price of membership; and such charges, when paid by such new members, shall be apportioned among the then existing members in cash or credit on unpaid or future billings in proportion to the Class 2 charges which such existing members have thus far paid or incurred. (c) Class 3 Charges. These charges shall be to cover the costs of system operation and maintenance in serving members (and others) on a "as requested" basis. The amount of such charges shall be determined by the board and such amounts shall be computed on the basis of the actual workload utilized by each member. Class 3 charges shall not be retroactively applied to new members. Section 6. It is anticipated that certain members may be in a position to extend special financial assistance to METRO -INET in the form of grants, or other in -kind payments including use of facilities or other infrastructure deemed beneficial to METRO -1NET. The board may credit any such in -kind payment against any charges which the granting member would otherwise have to pay. The board may also enter into an agreement, as a condition to any such grant, that it will credit all or a portion of such grant towards charges which have been made or in the future may be made against one or more specified members. XII. WITHDRAWAL Section 1. Any member may at any time give written notice of withdrawal from METRO -INET. The nonpayment of charges as set forth herein, and the refusal, or declination of any member to be bound by any obligation to the organization shall also constitute notice of withdrawal. (a) Actual withdrawal shall not take effect for a period of forty-five (45) days from the date of such notification. (b) Upon effective withdrawal the member shall continue to be responsible for its entire prorated share of any unpaid Class 2 obligations and for its share of Class 1 charges in accordance with Chapter XI. Section 2. A member withdrawing from membership at a time when such withdrawal does not result in dissolution of the organization shall forfeit its claim to any assets of the organization except that it shall have access to any software developed for its use while it was a member in accordance with and subject to the provisions of Article XI, Section 5, Paragraph (b). XIII. DISSOLUTION Section 1. The organization shall be dissolved whenever (a) a sufficient number of members withdraws from the organization to reduce the total number of members to less than five (5), or (b) by two - thirds vote of all members of the board. Section 2. In the event of dissolution the board shall determine the measures necessary to affect the dissolution and shall provide for the taking of such measures as promptly as circumstances permit and subject to the provisions of this agreement. 6 Section 3. Upon dissolution the remaining assets of METRO -INET, after payment of all obligations, shall be distributed among the then existing members in proportion to their contributions, as determined by the board,\provided that computer software prepared for such members shall be available to them, subject to such reasonable rules and regulations as the board shall determine. Section 4. If, upon dissolution, there is an organizational deficit such deficit shall be charged to and paid by the members on a pro rata basis, based upon the Class 1, 2 and 3 charges incurred by such members during the two years preceding the event which gave rise to the dissolution. XIV. DURATION This agreement shall continue in effect indefinitely until terminated in accordance with its terms. 7 • • • WS -6 WORK SESSION MEMORANDUM To: Mayor and Council Members From: Al Rolek Date: July 6, 2010 Re: 2011 Budget Parameters and Preparation Calendar cc: Staff would like to have a general discussion with the City Council regarding parameters and initiatives for the 2011 budget. Budget preparation at the staff level is underway, and the Council's perspective on spending for the coming year will be helpful in presenting a draft that will meet with Council budget goals. Items to discuss would include any initiatives, goals, service level adjustments, property tax levies and other topics pertinent to the budget process. In addition, I have attached a tentative budget calendar for your consideration. I will outline our process and timeline for the Council and ask for some work session dates that will work in August and thereafter. We should also consider when to hold our budget hearing in December, bearing in mind that we must adopt a budget at least 5 business days prior to the certification deadline of December 28. We look forward to our discussion with you. Page 1 City of Lino Lakes 2011 Budget Preparation Calendar • Jan -May — City Council provides direction on budget parameters. • June 1 — Budget worksheets and calendars distributed to Directors. • July 6 - City Council provides further direction on budget parameters. • July 10 — Departmental budget requests are prepared and submitted. • July 10 -July 31 — Interim Administrator and Finance Director review requests with Directors and develop proposed 2011 Budget. Proposed budget distributed to City Council. • August 1 - 31 — Budget work sessions - City Council reviews proposed 2011 Budget. • September 1— Dept. of Revenue certifies 2011 levy limit • September 7 — Follow -up City Council budget work session. • September 13 — City Council approves proposed 2011 Budget and Tax Levy and sets Truth in Taxation hearing dates. • By September 15 - Proposed Budget, Tax Levy and Truth in Taxation hearing dates are certified to Anoka County Auditor. • Mid- November— County mails Truth in Taxation notices to taxpayers. • December 6 — City Council holds Truth in Taxation Hearing. • December 13 — City Council holds Continuation Hearing, if necessary. City Council adopts final 2011 Budget and Tax Levy at Subsequent Hearing. • By December 28 — City certifies final 2011 Budget and Tax Levy to Anoka County Auditor. B -11 WS— Item!' WORK SESSION STAFF REPORT Work Session Item`s Date: Council Work Session, July 6, 2010 To: City Council From: Michael Grochala Re: Comprehensive Plan Review Background The City Council met on June 14, 2010 to review the draft 2030 Comprehensive Plan and discuss concerns and possible modifications. Based on the discussion and in accordance with council direction staff has developed text changes for consideration. These changes are summarized as follows: • Chapter 3, Land Use Plan (pages 26 -27). Addition of statement within the Growth Management Policy establishing an annual average of 230 new residential dwelling units per year. • Chapter 4, Housing Plan (pages 10 -11). Addition of statement that, in acknowledging Metropolitan Council's affordability goals, the City is not committing to provide funding for housing. Also included are limited text changes within the affordable housing section. The council also requested staff to identify what tools are included in the plan that allow the city to deny approval for new development. While each development project is different there are generally several criteria that must be satisfied before a project can be approved. These criteria include, but are not limited to the following: 1. Land Use Plan. The proposed use of land must be consistent with the plan i.e., a commercial use on land guided commercial. 2. Land Use Plan. The proposed density of the project must be consistent with the land use plan, i.e., in a low density district the project density is between 1.5 and 3.5 units per acre. 3. Staging Plan. The proposed use must be located within Phase 1A of Stage 1. 4. Sanitary Sewer infrastructure must be available to service the development. 5. Sanitary Sewer infrastructure must have the capacity to service the property. 6. Water infrastructure must be available to service the property. 7. Water infrastructure must have the capacity to service the property. 1 8. The proposed development must be consistent with the Resource Management Plan including the surface water management and parks plan. 9. The proposed development must be consistent with the Growth Management Policy. 10. Roads adjacent to the development must have the capacity to service the property. 11. The proposed development must meet the performance standards established in the City's Official Controls including: a. Zoning Ordinance b. Subdivision Ordinance c. Shoreland Ordinance d. Floodplain Ordinance If a proposed development does not meet any of the above referenced criteria the City has the discretion to deny approval. Council Direction 1. Staff is requesting council direction regarding the proposed text amendments. 2. Staff is requesting council direction regarding next steps. Attachments 1. Chapter 3, Land Use, proposed amendment 2. Chapter 4, Housing, proposed amendment • • • Growth Management Policy In addition to the tools described above, the Comprehensive Plan Advisory Committee discussed the development of a revised Growth Management Policy for the city. The Growth Management Policy should provide a clear basis for efficient development staging as well as flexibility to respond to market conditions. The new policy must work in conjunction with the staging plan to establish the criteria for moving from one staging area to another. The 2099 Growth Management Policy will include the following elements: 1. The City will create a fully integrated Comprehensive Plan and keep it up to date with biannual reviews. The City will perform an intensive review at least once every five years to ensure the plan addresses changing needs and conditions. 2. The Comprehensive Plan will include a staging plan defining development staging areas sized to accommodate forecasted growth. 3. The City will monitor the ten -year staging areas and annually determine if adequate land remains available. 4. All development must be located within the current ten -year staging area unless a Comprehensive Plan amendment is approved that redefines the current ten -year staging area. 5. All development must be phased within each ten -year staging area in accordance with the staging plan unless the City Council determines, by resolution, to redefine the location of the current five -year phase. 6. Prior to reaching the time threshold for the next ten -year staging area, or five -year phase within a ten -year staging area, depicted on the staging plan, the City Council will determine by resolution if the next area is to be opened to development. The following criteria will be used to determine where and when to open up the next ten -year staging area, or five -year phase within a staging area, in accordance with the timing indicated on the staging plan: a. Adequate infrastructure must be available to support development. Appropriate analysis will determine if adequate infrastructure is available and what utility extensions and transportation improvements are required to support new development. If infrastructure is not available and cannot be made available in a timely manner to support expanding into the next ten -year staging area or five year phase within a staging area, the city may refrain from opening up the next staging area, or portions thereof. b. Different areas of the city can be considered independently. A decision to open one area of the city to development does not automatically open a different area of the city. Decisions to open new areas to development should clearly define and map the area being opened. c. This process does not require a comprehensive plan amendment because it is in accordance with the timing indicated on staging plan. 7. The following criteria will be used to determine if the city should allow a specific development project to occur early in a ten -year staging area, or five -year phase within a staging area, prior to the timing indicated on the staging plan. 3 -26 • • a. The proposed development must be located within both the current and the next ten - year staging area, or five -year phase, or located adjacent to the current staging area. b. The proposed development must be master planned. Small, piecemeal developments do not justify redefining the ten -year staging area, or five -year phase. c. The proposed, master planned project must provide discernable public values. d. Adequate infrastructure must be available to support development. Appropriate analysis will determine if adequate infrastructure is available and what utility extensions and transportation improvements are required to support new development. e. There must be a commitment that the development will pay its proportionate share of infrastructure improvement costs associated with development. 8. All development must adhere to the Resource Management System Plan, including all its components, as this plan provides a conservation design framework for growth within the city. 9. Include standards in subsequent ordinance updates to ensure quality development that minimizes negative impacts on natural and cultural features of the community. 10. The City will plan to accommodate an average of 230 residential dwelling units per year. Unallocated units in a given year will be added to subsequent years. Relationship to Met Council Development Framework In addition to guiding Lino Lakes' future growth, the land use plan also relates to growth and development in the region as a whole. As part of the seven -county metropolitan area, Lino Lakes must accommodate its share of the region's growth. The Comprehensive Plan must demonstrate the City's capacity to absorb this growth and that the regional infrastructure, including the transportation and sewer systems, will be used efficiently. The Metropolitan Council has developed objectives and policies for cities in the metropolitan area to ensure efficient use of the region's infrastructure, including the following policies: 1) Policy 1: Work with local communities to accommodate growth in a flexible, connected and efficient manner. 2) Policy 2: Plan and invest in multi -modal transportation choices, based on the full range of costs and benefits, to slow the growth of congestion and serve the region's economic needs. 3) Policy 3: Encourage expanded choices in housing location and types, and improved access to jobs and opportunities. 4) Policy 4: Work with local and regional partners to reclaim, conserve, protect and enhance the region's vital natural resources. The City has prepared a plan that responds to community goals and to the Met Council's strategies for developing communities, as outlined in the Regional Development Framework. Lino Lakes' Comprehensive Plan adequately addresses future needs of the community and the region through the following strategies: • • • Based on its analysis, the Metropolitan Council's new affordable housing goal for Lino Lakes is to create 560 new affordable housing units between 2011 and 2020, which represents 35 percent of forecasted household growth. Based on the 2030 future land use map and the minimum proposed residential densities (i.e., 7 units per acre for high density and 8 units per acre for selected mixed use areas), the City has the capacity to accommodate the affordable housing goal. The level of affordability is important to understand when assessing the amount of current affordable housing and the price point for new units to meet this goal. According to Metropolitan Council 2OO7 Affordability Limits, the area median income for the seven -county Minneapolis -St. Paul (MSP) area adjusted by HUD to be applicable to a family of four is $78,500 in 2007. Eighty percent of the median household income is $62,800; 60 percent is $47,100 and 50 percent is $39,250. Applying an interest rate on a 30 -year fixed -rate home loan of 6.2 percent for 2007 and other payment factors to the 80 percent area median income, yields an affordable purchase price of $206,800 in 2007. According to Anoka County Assessor's data there are 779 homesteads, or 13 percent of total 2007 households, that fall under this 80 percent purchase price limit in Lino Lakes. The price point for an affordable home at 60 percent of area median income drops to $152,000. There are currently only 82 existing homesteads, or 1 percent of total 2007 households, in Lino Lakes at or below $152,000 (Anoka County assessor's data /GIS). It is the new 60 percent measurement that will be required for the potential affordable housing units anticipated between 2011 -2020 in Lino Lakes. Achieving this new affordability goal will be very difficult without the funding tools that have in the past been offered by the Metropolitan Council and other agencies. Future Affordable Housing To provide eppertuffities for affordable housing in the community, the City is taking the appropriate regulatory measures within the Comprehensive Plan by guiding areas for higher density housing and including policies to promote integrate affordable housing in all residential land use districts. These regulatory measures represent one of the City's most effective tools to eneearage -for the development of affordable housing. To meet affordable housing goals, the City has planned for potential new growth with a variety of residential land use types and densities for teremote the development of life -cycle and affordable housing across the city. The city's future land use plan provides11=te-erveFt-tnity-te can accommodate the goal of 560 High Density and Mixed Use units at a minimum density of 7 units per net acre by 2020, which will - greatly • - ... - - - • . While the City is doing its part in creating a regulatory land use plan to guide areas for higher density housing, which is where most affordable housing will likely occur, barriers to development of affordable housing still exist in Lino Lakes and the region. Some of these barriers are beyond the City's control, including the following: • Steady increases in land prices and construction costs. • Physical limitations of land due to wetlands, poor access, poor soils that would increase the cost of land development or construction. • State, county and local tax structures. There are some significant barriers to construction of new affordable housing, and the above list includes just a few of these barriers. Despite these difficulties, the provision of affordable housing is an important effort that cities undertake. The most effective role Lino Lakes will have in the provision of affordable housing is its regulatory tools, including land use and zoning regulations that do not impede the construction of affordable housing. Many of these tools can be used to encourage developers. Flexibility, through the use of the Planned Unit Development (PUD) 4 -10 • • • process, may be provided to encourage the construction of affordable housing suc#es- relaxing std- green arcs fedeirernentsi iffereasieg density, er rcduc g fees: Acknowledging the regional housing goals established by the Metropolitan Council does not commit the City of Lino Lakes to provide funding for housing. The City will continue to investigate means to pursue the goals in its comprehensive plan. However, this should not be interpreted as a commitment to use City funds to overcome the financial obstacles to life cycle and affordable housing Housing Implementation Strategies and Recommendations The following Housing Action Plan identifies efforts Lino Lakes will pursue to create opportunities to maintain the existing housing stock, and to provide increased housing options for future residents. These strategies are based on goals and strategies for Community, Neighborhood and Residential development developed by the Citizen Vision Committee. The strategies are designed as a resource tool for specific measures the City can effectively undertake and enforce while others are designed as tools to encourage developers to incorporate affordable housing into future development. As future subdivisions are proposed, the City will use these resources and implement the strategies in working with developers to create new affordable housing opportunities. Many of these items are things the City itself can do, while others will occur through partnerships the City will seek to provide for and maintain housing quality and increase affordable housing opportunities. To ensure housing development is compatible with existing and adjacent land uses and provides accessibility to key community features and natural amenities (Goal 3), the City will: • Offer incentives to developers who provide for affordable housing units while conserving environmentally sensitive sites, such as density bonuses, expedited permitting processes, or reduced fees. • Pursue funding opportunities to increase the affordability of housing units within conservation subdivisions. • Pursue funding opportunities to incorporate green building techniques within affordable housing developments. • Encourage innovative low impact development to preserve open space or natural features. • Ensure that all new housing, including high density, adheres to the highest possible standards of planning, design and construction feasible. • Promote development of neighborhoods that incorporate housing in a range of densities and affordability limits in close proximity to shopping, services, daycare, and medical services. Safe access to parks and schools, and the ability to walk, bike or have access to transit should be part of the design. To improve the availability of affordable housing and enhance opportunities for senior housing (Goals 5 and 6), the City will: • Seek housing developers to work cooperatively with the City to construct affordable units. • Create an incentive based program or Residential Planned Unit Development Ordinance that includes density bonuses for construction of affordable housing. This allows an increase in density, beyond the underlying zoning, if the development includes affordable housing. 4-11 • • • Date: To: From: Re: WORK SESSION STAFF REPORT Work Session Item #,S. July 6, 2010 City Council Julie Bartell Liquor License Background Investigation Fees WS — Item 2 Background The council has requested a review of the city's charges for background investigations related to the issuance of liquor licenses. Historically, the council has considered the question of liquor license investigation fees twice in the recent past. In April of 2009 the council considered the amount the city charges for the service including a review of what some other cities are charging and of what the Police Department estimates as their cost for the work. The council concurred at that time that the charges were appropriate and no change in the fee was determined. In August of 2009 the council reviewed how the city's practice of requiring a background investigation on renewal liquor licenses fits into the city's code of ordinances and state statute for enforcement purposes. At that time the council concurred that they wished to continue the city's practice of requiring a background investigation on all renewals and, upon the advice of the city attorney, adopted a resolution that ratifies the practice. I am attaching the background information from these previous discussions. Currently I understand the council would like to a) review the investigation fees for all types of liquor licenses; b) to understand if there is a difference in the type of investigation (and work involved) for different licenses; and c) to consider if the charges are equitable. The following is an excerpt from the city's adopted fee schedule that indicates the city's charges for licenses and investigations. Please note that there is an investigation done for the renewal of all licenses but there is a fee for the investigation only for liquor, beer and wine licenses. In the case of temporary licenses we do not charge a fee for the investigation possibly because temporary licenses are allowed (under state law) only for non - profits for special events of 1 -4 days so a $250/$450 fee could be more of a burden. ALCOHOLIC BEVERAGES 3.2 Beer Investigation 3.2 Beer Off -Sale 3.2 Beer On -Sale 3.2 Beer On -Sale Temporary 2010 FEE SCHEDULE $250.00 (1 or 2); $450.00 (3 +) $200.00 /Year $300.00 /Year $50.00 + $5.00 /Day 1 Club Liquor License Liquor License Investigation Fee Liquor On -Sale License Liquor Off -Sale Liquor Temporary Permit Temporary Set -Up License Wine License Investiation Fee Wine Sunday Liquor $300.00 $250.00 (1 or 2); $450.00 (3 +) $4,500.00 /Year $200.00 $50.00 $25.00 $250.00 (1 or 2); $450.00 (3 +) $500.00 /Year $200.00 /Year Captain Kent Strege of the Police Department will be present at the work session to discuss the investigative work and costs. Requested Council Direction 1) Does the council wish to continue the city's practice of requiring a background investigation for all regular liquor license renewals? 2) Should there be a change in the amount that is charged for annual renewal background checks? 3) Does the council wish to call for an update of liquor licensing fees with consideration of including the investigation costs into the annual license fee? Please note that any change in the amount of liquor licensing fees would require due process in the form of notification to license holders and a hearing. Attachments Background from previous council discussions • • • WS — Item 5 WORK SESSION STAFF REPORT Work Session Item #5 Date: April 6, 2009 To: City Council From: Julie Bartell Re: Liquor License Investigation Fees Background As allowed under state statute, the city has established fees for licensing and regulation of liquor (including 3.2 malt beverages) and tobacco. Staff is in the process of reviewing those fees to ensure that they comply with current state law and to compare our fees with those of other municipalities. Fee changes may be recommended in the future based on that research and on the outcome of strategic financial planning. The council requested, as part of reviewing updated liquor licensing code language, that staff specifically review the city's current fee structure for background investigations. State law requires a background check on initial applications and allows jurisdictions to charge up to $500 (up to $10,000 for out of state) for these investigations. An investigation prior to license renewal is allowed if the city's governing body deems it in the public interest. The city's current investigation fee for all liquor license applicants (including renewals) is $450 for corporations or partnerships and $250 for individual applicants. The city's background investigations are conducted by the Lino Lakes Police Department. A memorandum from the Police Department explaining their costs in conducting these investigations is attached. There is also some cost to the city in administrative handling of the information. It should be noted that the Lino Lakes Police Department does the same check for renewals as for new applications and therefore the cost is the same. Staff has prepared the attached spreadsheet with data on how other cities are charging for this type of investigation fee and whether or not they charge differently for renewals. Requested Council Direction Liquor license renewal forms will be sent to the city's license holders in April. Staff requests direction on any change to investigation fees in order to provide accurate information to licensees. Attachments Police Department memorandum Comparison of investigation fees charged by other cities /counties 1 Lino Lakes PD Memo To Chief Pecchia From Sgt. Kelly McCarthy Date: March 31, 2009 Re: Liquor and Tobacco Fees Chief, At your request, I reviewed the current fee structure for background investigations. The background checks of initial applications for liquor and tobacco licenses consists of a criminal history check and address verification. In most instances, this can all be accomplished by investigators in about three working hours. We usually bill supplemental police services at $87.00 per hour for a total of $261. If we billed the service at straight time ($31.14) it brings the total to $93.42. As the money collected does not go to the police department, either billing scenario would not affect our budget. Please let me know if you have any questions. Sgt. Kelly McCarthy 1 • • • • • compiled March 2009 City Pop. Initial In -state Investigation Fee Renewal Lino Lakes 19,736 $450 (250 individual) same Blaine 54,927 $500 (on sale) no investigation Minnetonka Crow Wing Co. Isanti 51,519 $500 $150 n/c $25 5,206 $300/$100 n/c Bloomington Osseo 85,852 $500 ($150 in state) $100 2,459 $200 n/c Circle Pines 5,153 $500 (unused portion t/b rec'd) n/c Northfield 19,413 $200 $200 Belle Plaine 6,595 $100 n/c Golden Valley New Ulm 20,355 $3,000 Dep/ $500 non refundable $100 13,610 $200 n/c Buffalo 13,776 $300 n/c Plymouth Oakdale 70,676 $500 n/c 27,249 Single, $350/$500 n/c Robbinsdale 13,698 $500 $250 St. Peter 10,887 $250 $150 Burnsville 61,355 varies ($1500 -$500) $50 Stillwater 22,532 $300 $150 CITY COUNCIL WORK SESSION APPROVED 81 Board on Wednesday (April 8) on the Comp Plan. Staff will then bring the Plan to the 82 council on April 27 and as needed thereafter to receive council authorization to submit 83 the Plan. He along with Senior Planner Smyser reviewed the written report to the 84 Planning & Zoning Board that includes comments from other jurisdictions, staff review 85 revisions, other revisions and landowner revision requests. The council will await the 86 outcome of that hearing and plan on discussing the Plan and eventually voting on 87 forwarding the Plan. April 6, 2009 88 3. I -35E /CSAH 14 (Main Street) Interchange Update (No Written Report - 89 Verbal - Community Development Director Grochala reported that things are still 90 somewhat up in the air as far as stimulus funding for this project. It is a $22 million 91 project with $6.7 in federal funding currently available, leaving approximately $15 92 million unfunded. The city had planned on contributing in the area of $5 million 93 (assessment based). The project design is about ninety -five percent complete. 94 Development in the area has pretty much come to a halt, awaiting completion of the 95 interchange. The cities and the county applied for stimulus funding but, if that comes 96 through, there would still be a $3.6 million gap. The status of the stimulus funding is that 97 there is competition from one very large project that would consume about 90% of the 98 available funding. News on the program is changing almost daily. Mr. Grochala reported 99 further on the assessment element, noting that most of the property involved is 10o agricultural and that could involve deferred assessments; the city may have to ask the 101 county to consider those assessments as a loan until they are actually collected. If 102 everything comes together, Mr. Grochala anticipates things will move very quickly; 103 property owners will be informed and involved as necessary. 104 4. Acting City Administrator - The council reviewed a resolution included in the 105 packet for the upcoming council meeting (Item 1 D) that would appoint Administration 106 Director Dan Tesch as the acting city administrator supervising all areas except the Police 107 Department and establishing that Police Chief Pecchia will report on his department 108 directly to the council until a city administrator is hired. Regarding compensation, there 109 has traditionally been a ten percent temporary increase granted to the acting administrator. 110 In consideration of the additional duties during this transition, the council consensus was 111 to grant the ten percent increase to Mr. Tesch. The council also concurred that Mr. Tesch 112 will fill the city administrator position on the Centennial Fire District Steering 113 Committee. 114 5. License Background Investigation Fee — City Clerk Bartell reported that staff is 115 in the process of reviewing many of the city's fees to ensure that they comply with current 116 state law and to compare our fees with those of other municipalities. Fee changes may 117 be recommended in the future based on that research and on the outcome of strategic 118 financial planning. 119 120 The council had requested, as part of updating liquor licensing code language, that staff 121 specifically review the city's current fee structure for background investigations. The 122 council is receiving a report that includes a comparison of the city's initial and renewal 123 background fees to other cities. The Lino Lakes Police Department conducts the city's • • CITY COUNCIL WORK SESSION April 6, 2009 APPROVED 124 background checks so the report also includes a memorandum from them indicating their 125 costs. 126 127 Staff requested direction on any change to investigation fees in order to provide accurate 128 information to licensees for the upcoming license renewal period. A majority of the 129 council indicated that there should be no change to the existing fee structure. 130 131 6. Code Update Project — City Clerk Bartell recalled that at recent work sessions 132 the council has engaged in the process of reviewing the proposed update to the city code. 133 The council has had the opportunity to review independently those code sections that 134 contain only general non - substantive revisions. To date, staff has reviewed with the 135 council the following chapters containing more complex amendments: 136 137 101. City Code 138 602. Regulating the Sale of Tobacco & Tobacco Products 139 611. Lawful Gambling 140 613. Transient Merchants, Peddlers, Canvassers and Solicitors 141 216. Campaign Regulations 142 701. Liquor Licensing 143 702. Beer Licensing 144 145 In some chapters, the council authorized revisions that have either been provided to the 146 council or will be included in the final document presented for approval. 147 148 Staff is now proposing that this be the final council work session review of the updated 149 city code to pull together the remaining elements in order to present a code document for 150 printing, public presentation and council approval. City Clerk Bartell reviewed an 151 updated Table of Contents showing changes proposed to Chapters 505 regarding Open 152 Burning, 611 regarding Lawful Gambling, all of Title 1000 regarding Land Usage (except 153 Chapter 1007 regarding zoning that will be updated based on the city's update to the 154 comprehensive plan), and all of Title 1100 regarding Shoreland and Flood Plain 155 Management. 156 157 The schedule for completion of the code update was reviewed and Ms. Bartell indicated 158 that she will be moving forward to prepare the final code document for submission to the 159 codifiers for printing after which the code will be presented to the council for a public 160 hearing and adoption, probably in July. The council would like to review the document at 161 their work session preceding consideration at a regular council meeting. 162 163 Review Regular Agenda — The council was reminded that they will be meeting 164 as the Board of Review before the regular council meeting. They received Anoka 165 County's report on this year's property assessments and staff reported that the County 166 Assessor assigned to Lino Lakes, Ms. Linda Weiner, will be present at the council 167 meeting. WS — Item #4 WORK SESSION STAFF REPORT Work Session Item #4 Date: August 3, 2009 To: City Council From: Julie Bartell Re: Liquor License Investigation Fee Background As allowed by state statute, the city has established fees for licensing and regulation of liquor sales (including 3.2 malt beverages). The city's adopted fee schedule includes both a license fee and a fee for background investigations. As staff has reported previously, those applying for licenses in Lino Lakes are charged a fee to cover the city's cost to conduct a background investigation for their initial license application and for their annual renewal. The Lino Lakes Police Department conducts these investigations. The annual liquor licensing period for the city runs from July 1 through June 30 so this year's renewal activities have just been completed. One licensee, Tom Wilzbacher of Red Oak Steaks and Wines, Inc. has paid less than the amount of fees due. He is declining to pay the annual background investigation fee of $250 (individual). Staff has sought the advice of the City Attorney in this matter. City Attorney Joseph Langel advises that while state statute clearly requires a background check on initial liquor license applications and allows the city to charge a fee up to $500, it makes background investigation for license renewals optional. A renewal investigation may be undertaken if the Council "deems it in the public interest." While it can be inferred from past practice and Council discussions that the Council finds such investigations to be generally appropriate, there is no record of a formal decision to that effect. Moreover, Ordinance Section 701.05, subd. 1, seems to call for more of a case -by -case approach. It states that a renewal investigation "on a particular application" shall be undertaken if the Council deems it in the public interest. The practice, however, has not been to make such deteiiiiinations on specific applications. 1 • • • • • • Requested Council Direction The City's ordinance and its actual practice need to be consistent with each other and with state law. The City Attorney is therefore recommending that the following issues be addressed by the Council: o Does the City wish to conduct a background investigations for liquor license renewals? o If so, would it be on all renewals as a matter of policy or only with respect to particular applications? • If on all renewals (as is the current practice), then a resolution to that effect that explains the rationale for the renewal investigations should be approved by the Council and the liquor ordinance should be amended to remove the "particular application" language. • If on only particular renewal applications, then a resolution is not needed and the ordinance can remain as is, but staff should be directed to stop doing renewal investigations as a matter of course and to draft a procedure for determining when to ask the Council for permission to conduct an investigation. o If renewal investigations are not desired, then no action is necessary other than to direct staff to stop conducting the investigations unless otherwise directed by the Council. o If the City will undertake renewal investigations, will the investigation fee remain the same as it is currently? No distinction between the initial and renewal fees? 2 CITY COUNCIL WORK SESSION August 3, 2009 APPROVED 131 the council for direction on the parameters of a JPA and also on the matter of the impact of the charter 132 provisions. 133 Attorney Langel suggested that the city will have to deal with a decision about how a petition will be 134 viewed if in fact one is submitted. 135 The council had general agreement with the parameters of the JPA that had been presented. 136 137 5. Liquor License Investigation Fee — City Clerk Bartell reviewed the report before the council 138 regarding the city's practice and charges for liquor license background investigations. The process has 139 come under review since one renewal applicant is refusing to pay the fee for the annual background 140 investigation. The city attorney is suggesting that the council reinforce the rationale and the city code. 141 language if they wish to continue the requirement for investigations for renewal applicants. 142 The council concurred that annual investigation is a good practice and they would like to continue that. 143 Staff was directed to prepare a resolution that reinforces the practice and also prepare the appropriate 144 code amendment (to be considered as part of the recodification approval). 145 The council suggested that it may be appropriate to rework how the investigation cost is charged, perhaps 146 by adding it into the license fee. 147 148 Review Regular Agenda - City Planner Smyser reviewed Item 6A, second reading of an ordinance. He 149 provided requested information on what other cities are doing in the same area. While zoning districts 150 can be titled or separated differently in cities, it appears that most cities do allow the situation staff is 151 presenting for this city. The city's Economic Development Advisory Committee will also be offering an 152 opinion as of the end of the week. 153 A council member noted concern about "shoddy" church -type operations that could take advantage of the 154 change. It would be preferable to consider individual situations as they come forward. Staff pointed out 155 that the city isn't allowed to grant variances to zoning. 156 The meeting was adjourned at 8:15 p.m. 157 These minutes were considered and approved at the regular Council meeting held on August 24, 158 2009. 159 160 161 162 Julianne Bartell, City Clerk John Bergeson, Mayor 4 • Council Member moved its adoption: Reinert introduced the following resolution and CITY OF LINO LAKES COUNTY OF ANOKA RESOLUTION NO. 09 -63 Ratifying the City's practice of investigating liquor license renewal applicants Whereas, consistent with the requirements of Minnesota Statutes, section 340A.412, the City conducts a preliminary background and financial investigation of applicants for intoxicating liquor licenses; and Whereas, Minnesota Statutes, Section 340A.412, subd. 2, allows cities to conduct a background investigation on license renewal applicants if the city's governing body deems it in the public interest; and Whereas, the City has historically conducted background investigations on license renewal applicants and the Council feels that such investigations have been, and continue to be, appropriate and in the public's interest; and Whereas, the City Council received a recommendation from the Lino Lakes Police Department that the practice of conducting background investigations on license renewal applicants is needed and is in the best interest of the City and its residents. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Lino Lakes: That the appropriate city officials are hereby directed to continue conducting a background investigation on all individuals applying for renewal of an intoxicating liquor license in the City of Lino Lakes. 7ulia ne Bartell, ity C erk rg son, Mayor Adopted by the Lino Lakes City Council this 14th day of September, 2009. The motion for the adoption of the foregoing resolution was duly seconded by Council Member Stoltz and upon vote being taken thereon, the following voted in favor thereof: Reinert, Stoltz, O'Donnell, Gallup, Bergeson The following voted against same: none Whereupon said resolution was declared duly passed and adopted. • • WS— Item `2i WORK SESSION STAFF REPORT Work Session Item 7 Date: July 6, 2010 To: City Council From: Jeff Smyser Re: Draft Amendments to Zoning Ordinance and Subdivision Chapter of City Code Regarding Development in Environmentally Sensitive Areas, Tree Preservation, Landscaping, Platting, and Planned Unit Developments Background Since the late 1990s Lino Lakes has been pursuing a more environmentally sound means of handling new development. This has included: - Handbook for Environmental Planning and Conservation Development, 1999. - Parks, Natural Open Space /Greenways and Trail Plan, 2004 -I -35E Corridor Alternative Urban Areawide Review, 2005 -2030 Vision Plan, 2007 The draft new Comprehensive Plan further promotes the conservation design principles laid out in all these documents. Chapter 2 creates the Resource Management System Plan, establishing an open space system that corresponds with Environmentally Sensitive Areas created by plans and rules of the Rice Creek Watershed District. Now the City is creating and amending official controls to implement the ideas and plans. In February 2009 the City Council approved an agreement for a $25,000 Community Conservation Assistance Grant from the Minnesota Department of Natural resources' (DNR) Metro Greenways Program (Resolution No. 09 -10). The purpose of the matching grant program is to assist local governments with the integration of natural resources information and data into local development and conservation plans and policy decisions. The City received the grant to assist with the development and updating of ordinances to address environmentally sensitive areas, storm water management, integrated tree preservation and landscaping requirements, planned unit development (PUD), low impact development (LID) and conservation subdivision design. City staff worked with Bonestroo to prepare new or revised sections of the zoning ordinance and subdivision regulations, which are the primary controls for regulating new development. A new stormwater management ordinance also is in the works. These new standards will apply to all new development in the city. The review process for new development is as important as the regulatory standards. While we have been practicing the collaborative method for the past few years, the new requirements will codify those practices into ordinance form. The new collaborative design sections of the subdivision regulations would apply to all new plats and planned unit developments. The PUD section of the zoning ordinance would require the same process. This will eliminate redundant and potentially conflicting requirements in the current ordinances. The Environmental Board discussed the drafts on May 4 and June 2. A public hearing was held by the P & Z on May 12 and June 9. Both boards recommended approval with some revisions that have been incorporated into the drafts. The drafts attached here will be incorporated into the City's larger ordinances. That is, what you see here is not our entire set of development regulations. The larger zoning and subdivision ordinances are being reviewed by staff to accommodate and support the new draft requirements. Requested Council Direction No direction requested at this time. This information is supplied for informational purposes. Approval of the new standards by the City Council will follow approval of the new Comprehensive Plan, which provides the policy basis by creating the Resource Management System Plan that the new ordinances will implement. Attachment(s) 1. Draft Site Layout Performance Standards 2. Draft Landscaping and Tree Preservation Standards 3. Draft of part Subdivision and Platting Chapter of City Code: Concept Plan § 1001.020 General and § 1001.025 Collaborative Design Process 4. Draft of part of section of Zoning Ordinance Section 2, Subd. 10.F. Procedure for Processing Planned Unit Development • • • • • Attachment 1: Site Layout Performance Standards - REVISED June 25, 2010 Page 1 E. Site Layout Performance Standards. All uses shall comply with the requirements of this section. 1. Purpose. The City developed a Resource Management System Plan based on a water and natural resource inventory and assessment and the vision, goals and policies developed through the comprehensive planning process. The performance standards established in this section are for the purposes of accommodating development that protects, conserves and enhances the city's water and natural resources consistent with Comprehensive Plan goals. 2. Natural Resource Conservation. The two overall components of natural resource conservation are the surface water management system and environmentally sensitive areas. a. Surface Water Management System. The design of the surface water management system shall be based on preserving predevelopment hydrology (i.e., existing surface water runoff volumes and rates) and environmentally sensitive areas to the extent practical in accordance with the following minimum performance standards: 1) Establish the wetland preservation corridor in accordance with watershed district rules. 2) Reduce the need for surface water management facilities by preserving and integrating natural topography, soils and site drainage into the surface water management system to the degree they can accommodate the additional flow and volume of water without compromising water quality. 3) The preferred conveyance strategy is to transport wherever possible untreated and treated runoff in conveyance facilities open to the atmosphere (e.g., swales, vegetated buffer strips, energy- dissipating structures, etc.) rather than through enclosed pipes, so as to decrease runoff velocity, allow for natural infiltration, allow suspended sediment particles to settle, and to remove pollutants. 4) Site grading shall be minimized to the maximum extent reasonable to minimize impacts to environmentally sensitive areas. 5) The surface water management system shall be designed to meet the City's stormwater management standards. . b. Environmentally Sensitive Areas (ESAs). The design of the site shall be based on protecting, conserving, and enhancing ESAs to the extent practical while allowing for equitable economic return. ESAs shall be identified and categorized through the site planning process. 1) ESA Identification and Categorization. During the resource inventory and site analysis process for a property that has an ESA, all ESA features on the site shall be identified on the resource inventory map. Landscape -scale ESAs are mapped and on file with the City. Balancing the goals of natural resource protection and conservation with land use goals requires prioritizing ESAs. ESA categories (i.e., Natural Resource Protected Area) are listed in descending order from the highest to the lowest level of priority. ESA features (i.e., wetland preservation corridor, natural areas, etc.) listed under each category are not prioritized. Attachment 1: Site Layout Performance Standards Page 2 a) Natural Resource Protected Areas. These areas include: i. Streams ii. Lakes iii. Wetland Preservation Corridor (WPC): Areas designated as wetland preservation corridor on the landscape -scale WPC boundary shown on Figure 1 in Rice Creek Watershed District Rule RMP 3, as amended. The wetland preservation corridor may include: • Wetlands • Natural and Semi - Natural Areas: Areas designated as Natural and Semi - Natural Areas in accordance with Minnesota Land Cover Classification System (MLCCS). Natural areas are comprised of more than 50% native plants. Semi - Natural areas are comprised of less than 50% native plants. • Floodplain: Areas designated as 100 -year floodplain and regulated under the Lino Lakes Floodplain Ordinance. b) Natural Resource Conservation Areas. These areas include: i. Wetlands Non - contiguous to the WPC. ii. Natural and Semi - Natural Areas: Areas designated as Natural and Semi - Natural Areas in accordance with the MLCCS. Natural areas are comprised of more than 50% native plants. Semi - Natural areas are comprised of less than 50% native plants. iii. Floodplain. Areas designated as 100 -year floodplain and regulated under the Lino Lakes Floodplain Ordinance. c) Natural Resource Corridor Enhancement Areas: Corridors that provide connections between environmentally sensitive areas to establish a more contiguous and complete natural open space system. 2) Minimum Performance Standards for ESAs. The following are the minimum performance standards that shall be used in the site planning process to maximize the function and value of ESAs, to minimize adverse impacts to ESAs, and to allow development activities that will provide equitable economic return. a) Natural Resource Protected Areas. These areas shall be protected and incorporated into new development to maintain the function and value of water resources and associated upland habitat areas while allowing for passive recreational use. Development within natural resource protected areas is largely controlled, and where applicable, prohibited under established regulations. Specific performance standards within a Natural Resource Protected Area are as follows: i. Surface Water. Incorporate lakes and streams into the surface water management system consistent with applicable watershed district, State of Minnesota, and Federal statutes and rules (e.g., pre -treat runoff before discharging into a lake or stream, volume control, and rate control). • • Attachment 1: Site Layout Performance Standards Page 3 ii. Wetland Preservation Corridor. Establish the WPC in accordance with watershed district rules. The delineated WPC will be established during the site planning process. iii. Vegetated Wetland Buffer. Establish an upland buffer of native vegetation around wetlands within the WPC to maintain water quality and habitat. Development is regulated in the following manner: (a) The buffer shall average at least 50 feet in width, measure at least 25 feet at all points, and meet the average width at all points of concentrated inflow. The location of the buffer shall maximize the protection of ESAs. (b) The vegetated wetland buffer and upland habitat area must meet the requirements in RCWD RMP -3 and the Vadnais Lake Area Water Management Organization, as amended (c) Structures shall be setback a minimum of 10 feet from the edge of the wetland buffer. iv. Natural and Semi - Natural Areas. Conserve and enhance the function and value of these areas for habitat, water quality, surface water management, aesthetics, and passive recreational use. (a) Suitable habitat for rare, threatened, or endangered species shall be protected to the extent practical. (b) The tree preservation and mitigation requirements in Section 3. Subd.4.Q shall apply to Natural Resource Protected Areas. (c) Prairie and other non -woody natural and semi - natural communities shall be considered for protection, restoration, and /or inclusion in the surface water management system. (d) Structures shall be setback a minimum of 10 feet from the edge of protected natural and semi - natural areas. b) Natural Resource Conservation Areas. These areas shall be conserved to maintain the function and value of the area while allowing encroachment and disturbance to accommodate development. Specific performance standards within a Natural Resource Conservation Area are as follows: i. Natural and Semi - Natural Areas. Conserve and enhance the function and value of these areas for habitat, water quality, surface water management, aesthetics, and passive recreational use. (a) Suitable habitat for rare, threatened, or endangered species shall be protected to the extent practical. (b) The tree preservation and mitigation requirements in Section 3. Subd.4.Q shall apply to Natural Resource Conservation Areas. (c) Prairie and other non -woody natural and semi - natural communities shall be considered for protection, restoration, and /or inclusion in the surface water management system. Attachment 1: Site Layout Performance Standards Page 4 (d) Structures shall be setback a minimum of 10 feet from the edge of protected natural and semi - natural areas. ii. Wetlands Non - contiguous to the WPC: These areas shall be conserved in accordance with applicable watershed district and Army Corps of Engineers rules and permit requirements, as amended. iii. Vegetated Wetland Buffer. Establish an upland buffer of native vegetation to wetlands non - contiguous to WPC to maintain water quality and habitat. (a) The buffer width must be at least 25 feet adjacent to the entire wetland. The location of the buffer should maximize the protection of ESAs. (b) The vegetated wetland buffer and upland habitat area must meet the requirements in RCWD RMP -3 and the Vadnais Lake Area Water Management Organization, as amended. (c) Structures shall be setback a minimum of 10 feet from the edge of the wetland buffer. c) Natural Resource Corridor Enhancement Areas. These corridors shall be established to provide contiguous and complete natural open space system, surface water conveyance, and passive recreational uses. Specific performance standards for Natural Resource Corridor Enhancement Areas are as follows: i. Corridors should minimize natural resource fragmentation by creating connections within and between natural resource protected areas or natural resource conservation areas located on site and on adjacent properties. ii. Corridors should be established where there is a convergence of multiple features, such as surface water management areas, natural and semi - natural areas, and existing or proposed trail corridors. iii. The tree preservation and mitigation requirements in Section 3. Subd.4.Q shall apply within Natural Resource Corridor Enhancement Areas. 3) Wetland Buffer and Upland Habitat Requirements. a) As a condition of approval, a property owner must record a declaration in a form approved by the City establishing vegetated wetland buffer area adjacent to the delineated edge of a wetland and upland habitat defined as an ESA through the site planning process. The declaration must state that on further subdivision of the property, each subdivided lot of record shall meet the monumentation requirement of paragraph E.2.b.3.b. On public land or right -of -way, in place of a recorded declaration, the public owner may execute a written maintenance agreement with the City. The maintenance agreement will state that if the land containing the buffer or upland habitat area is conveyed to a private party, the seller must record a declaration for maintenance in a form approved by the City. b) Buffer or upland habitat area is to be indicated by permanent, freestanding markers at the buffer or habitat area upland edge, with a design and text approved by City staff in writing. A marker shall be placed at each lot line and at all angle and curve points, with additional markers at an interval of no more than 200 feet. On public land or right -of -way, the monumentation requirement may be satisfied by the use of • • Attachment 1: Site Layout Performance Standards Page 5 markers flush to the ground, breakaway markers of durable material, or a vegetation maintenance plan approved by City staff in writing. c) The application must include a natural resource management plan for City approval that includes the following: site inventory, management goals, management activities, maintenance activities, monitoring activities, funding mechanisms, and any other information requested by City staff. d) The buffer or upland habitat area will consist of vegetated land, primarily plant species native to this region that is not otherwise disturbed, except for periodic cutting or burning that promotes the health of the buffer or upland habitat area, actions to address disease or invasive species, or other actions to maintain or improve buffer or habitat area quality, each as approved in writing by City staff. The following are prohibited: land that is cultivated; cropped; pastured; mowed; fertilized; used as a site for depositing snow removed from roads, driveways or parking lots; or subject to the placement of mulch or yard waste. For public road authorities and stormwater system maintenance, the terms of this subsection will be modified as necessary to accommodate safety and maintenance feasibility needs. e) Wetland buffer and upland habitat area may be disturbed to alter and contours or improve buffer and upland habitat function if the following criteria are met: i. An erosion control plan is submitted under which: • alterations are designed and conducted to expose the smallest amount of disturbed ground for the shortest time possible; • fill or excavated material is not placed to create an unstable slope; • mulches or similar materials are used for temporary soil coverage; and • permanent native vegetation is established as soon as possible. ii. Wooded buffer and native riparian canopy trees are left intact. iii. When disturbance is completed: • sheet flow characteristics within the buffer are improved; • average slope is no steeper than preexisting average slope or 5:1 (horizontal:vertical), whichever is Tess steep; however, preexisting slopes steeper than 5:1 containing dense native vegetation will not require regrading; • the top 18 inches of the soil profile is not compacted, has a permeability at least equal to the permeability of the preexisting soil in an uncompacted state and has organic matter content of between five and 15 percent; and • habitat diversity and riparian shading are maintained or improved. iv. A re- vegetation plan is submitted specifying removal of invasive species and establishment of native vegetation suited to the location. v. A recorded declaration or, for a public entity, maintenance agreement is submitted that states that for three years after the site is stabilized, the Attachment 1: Site Layout Performance Standards Page 6 property owner will correct erosion, maintain and replace vegetation, and remove invasive species to establish permanent vegetation according to the re- vegetation plan. vi. Disturbance is not likely to result in erosion, slope failure or a failure to establish vegetation due to existing or proposed slope, soil type, root structure or proposed construction methods. f) No above- or below- ground structure or impervious surface may be placed within the buffer or upland habitat area permanently or temporarily, except as follows: i. A public utility, or a structure associated with a public utility, may be located within a buffer or upland habitat area on a demonstration that there is no reasonable alternative that avoids or reduces the proposed buffer intrusion. The utility or structure shall minimize the area of permanent vegetative disturbance. ii. Stormwater features that are vegetated consistent with E.2.b.3.d may be located within buffer on site - specific approval. iii. Buffer or upland habitat area may enclose a linear surface no more than 10 feet in width and, for buffer, no less than 25 feet from the delineated wetland edge for non - motorized travel if wetland habitat will not be measurably reduced. Trail edge mowing is not permitted. 3. Disconnect and Distribute Stormwater. The guidelines established in this section are for the purposes of maximizing the use of pervious areas at the site to help filter and infiltrate runoff generated from impervious areas and to spread excess runoff over pervious areas. a. Compost and Amended Soils. To recover soil porosity lost due to compaction, soils should be amended to allow for adequate water holding capacity for plant growth and infiltration of runoff. b. Disconnect Impervious Surfaces. Runoff from impervious surfaces such as parking lots, driveways, and sidewalks should be routed to adjacent pervious areas to be filtered or infiltrated into the soil. c. Rooftop Disconnection. Runoff from rooftops should be spread over lawns and other pervious areas. 4. Reduce Impervious Cover. Less impervious cover directly results in Tess stormwater runoff and pollutant Toads generated at the site. Impervious surface should be reduced to the extent practical. • • Attachment 1: Site Layout Performance Standards Page 7 Incentives. To provide for equitable economic return in consideration of protection and conservation of ESAs and surface water management areas, potential incentives may be offered. The following are potential incentives that may be offered (the location of these incentives in the ordinance is yet to be determined): 1) Wetland replacement credits 2) Stormwater management credits 3) Density bonus or transfer 4) Tree preservation credits 5) Landscape requirement credits 6) Park dedication credits 7) Trunk utility and stormwater management fee credits 8) Reduced setbacks 9) Staging plan flexibility 10) Financial incentives when consistent with city policy 11) Reduce required front yard setback to reduce driveway length 12) Reduce required side yard setback to allow narrower frontages to reduce street length 13) Reduce required street width 14) Reduce required cul -de -sac radius 15) Reduce required parking ratios 16) Reduce required parking lane widths 17) Reduce required parking stall dimensions 18) Reduce driveway width 19) Allow shared driveways 20) Allow alternative surfaces for driveways (pervious) 21) Reduced sidewalk requirements Attachment 2: Landscaping and Tree Preservation Standards - REVISED JUNE 21, 2010 Page 1 Q. Landscaping and Tree Preservation Standards 1 Purpose. To establish landscaping and tree preservation standards to promote high quality site development, compatibility of uses, biodiversity, tree preservation, and to enhance the health, safety and general welfare of the residents of the community. 2 Definitions. The following words and terms, wherever they occur in this Ordinance, shall be interpreted as herein defined: Approved Species: Species found on the City maintained list which may be planted. The City may restrict applicant's use of approved species in certain situations where the species may be inappropriate. Basic use area: Area dedicated to site's use, including buildings, parking, loading, driveways, streets, outbuildings, trash enclosures, utilities, landscaping, and grading necessary for the construction of the above uses. Surface water detention ponds are not part of the basic use area. Biodiversity: The variety, distribution and abundance of living organisms in an ecosystem. Buffer: Linear bands of vegetation, and /or space providing separation between two separate land uses. Caliper: Standard measure of tree size for newly planted trees. The caliper inches of a tree is the diameter of the trunk. This dimension is measured at 6" above the ground when the trees are 4" caliper and less. For trees over 4" caliper, the diameter of the trunk is measured at 12" above the ground. Canopy: The top layer or crown of trees. Cutting: The feeling or removal of a tree or any procedure in which the natural result will lead to the death or substantial destruction of a tree. Such acts include, but are not limited to, severe cutting back of limbs to stubs larger than three inches in diameter, and damage inflicted upon the root system of the tree. Cutting does not include normal pruning within the bounds of normal arboricultural practice. Damage: Action or inaction which does not follow good arboriculture practices. Damage may include damage inflicted upon roots by machinery, changing the natural grade above the root system or around the trunk, destruction of the natural shape or any action which causes infection, infestation or decay. DBH: Diameter at breast height, typically measured at 4' -6' above the ground. Detention Area: Area of a detention pond from the normal water level and up the side slopes to 10' offset from the high water level. Disturbance: Any construction, development, removals, earth movement, clearing or other similar activity. Diseased tree: A tree with a health condition which makes it subject to a high probability of failure. Dripline: Imaginary line on the ground that is extended straight downward from the outermost edge of the canopy. Foundation Landscape Zone: Within 15' of the building. Invasive species: A plant non - native to the local ecosystem which exhibits, or has the potential to exhibit, uncontrolled growth and invasion or alteration of the natural functions of any native habitat. • Attachment 2: Landscaping and Tree Preservation Standards - REVISED JUNE 21, 2010 Page 2 Large Shrub: Large shrubs have a mature height over 6'. Large Tree: Overstory deciduous trees with a mature height of at least 40'. Medium Shrub: Medium shrubs have a mature height of 3' -6'. Medium Tree: Deciduous trees with a mature height over 18' and up to 39'. Native species: A plant species that is indigenous to the local ecosystem. Perennial: A plant, usually a flowering species, having a lifespan of more than two (2) years. Prohibited species: Species that may not be planted within the City that are typically invasive or considered a nuisance. Removal: Actual removal or effective removal through actions resulting in the death of a tree. Root Protection Zone: A protected area around an existing tree established by offsetting the dripline 5' away from the tree center. Screen: A barrier that hinders sight and, potentially, access. Small Shrub: Small shrubs have a mature height of less than 3'. Small shrubs are interchangeable with perennials, ornamental grasses and groundcovers to fulfill landscape req-uifemestandards. Small Tree: Understory deciduous trees with a mature height of 18' and under. Tree: Any self supporting woody plant, growing up the earth with one trunk of at least 3" dbh, or a multi - stemmed trunk system with a definitely formed crown. Undesirable tree: Trees that are dead, diseased, structurally weak, invasive or trees that are hazardous to people, infrastructure or buildings. Topping: Severe pruning removing at least 30% of a tree canopy, and drastically altering the shape. Whip: Small bare root tree with a juvenile root system. • Attachment 2: Landscaping and Tree Preservation Standards - REVISED JUNE 21, 2010 Page 3 3 Landscaping Standards. New residential platted subdivisions, mixed use, commercial, institutional and industrial uses shall be subject to the landscaping standards. The landscape standards have been divided into four categories: Canopy Cover (C), Foundation Landscape (FL), Open Areas Landscape (OL),Landscape Screen (LS) and boulevard trees. 4 Canopy Cover (C). The purpose of this requirement is to mitigate the effects of vehicular hardscape by establishing tree canopy cover to intercept rainfall, protect pavement from sun deterioration, reduce the heat island affect, and improve aesthetics. Vehicular hardscape areas includes loading drives, parking lots, driveways, dropoffs and other areas covered with a hard surface intended for vehicles. a. The required minimum canopy coverage for all uses is 40 %. b. The following equation shall be used to calculate required canopy coverage: Vehicular Hardscape (square Feet) x Canopy Cover Percent = Required Minimum Canopy Cover (Square Feet) The total of the assigned canopy coverage values for all the trees in or near the vehicular hardscape must be equal or greater than the required minimum. Pervious pavements are considered 50% hardscape. c. The assigned canopy coverage value of each tree is based on planting location, tree size and anticipated tree canopy size 15 years after planting. The assigned canopy cover value to each deciduous tree is described in the following table and illustrations: Planting Location (for new trees) Interior parking lot islands Within less than 7 of vehicular hardscape edge 7' -12' from vehicular hardscape edge Assigned Canopy Coverage Value 100% of the canopy square footage 50% of the canopy square footage 25% of the canopy square footage y ,_ * ,°mRa L, 1. v L t > c - • ; Large Tree 1200 SF, or 950 SF per tree in islands with 1 or 2 trees 600 SF 300 SF w v° 0 '� a c 'a Medium Tree 500 SF 250 SF 125 SF �' in Small Tree 250 SF 125 SF NA Existing Tree: 6 — 12" dbh 1900 SF 950 SF NA Existing Tree: 12+ "dbh 2850 SF 1425 SF NA d. Existing trees may be used to fulfill canopy coverage as described in Section 9 when the dripline has proximity to the edge of the hardscape; therefore, existing trees do not need to be within Tess than 7' feet of the vehicular hardscape edge. • Attachment 2: Landscaping and Tree Preservation Standards - REVISED JUNE 21, 2010 Page 4 `.,.I.IIC r/ I I I. ) ."��- -Large aees in an island containing __. j 3 more trees are given additional �l Canopy Value. see Canopy Coverage Table. T Trees surrounded by hardscape on 3 sides are valued at 100% Canopy. Trees with access to planting soil outside of the island are required to meet soil volume requirements for a shared bed. Trees in interior islands are valued at 100% Canopy 5 Foundation Landscape (FL) Standards. The purpose of this requirement these standards is to soften and enhance building architecture, define access points, add color and seasonal interest, and to blend buildings in with the natural environment. a. The foundation landscape planting regtrtremetsstandards are described in the following table: L) �cntsStandards *Round to the nearest plant b. The following equation shall be used to calculate required foundation landscape plantings: Building Linear Feet / 100 = # of required trees and shrubs c. The foundation landscape shall be planted in the foundation landscape zone adjacent to the building face where the requirement applies. The City may allow flexible planting locations where service areas or other constraints make the requirement difficult to meet. d. Existing trees may be used to fulfill foundation landscaping as described in Section 9. 6 Open Areas Landscape (OL) Standards: The purpose of -- --- hese standards is to provide general site beautification and high aesthetic quality with a mix of plant materials in open areas. Open areas include disturbed site areas, such as cul de sac islands, boulevard medians, storm water management areas, common areas in multifamily sites that are not for recreation facilities, and disturbed areas that are not located within the foundation landscape zone, vehicular hardscape area or the building footprint. Open areas landscaping shall meet the following standards. a. The open areas planting requirementsstandards are described in the following table: Per 100 linear feet (LF) of Building* Location Trees and Shrubs Rear and Side 1 large, 1.5 medium, or 2 small 3 large, 5 medium, or 10 small Front and Street 2 large, 3 medium, or 4 small 6 large, 10 medium, or 20 small Foundation Landscape Zone Within 15' of the building *Round to the nearest plant b. The following equation shall be used to calculate required foundation landscape plantings: Building Linear Feet / 100 = # of required trees and shrubs c. The foundation landscape shall be planted in the foundation landscape zone adjacent to the building face where the requirement applies. The City may allow flexible planting locations where service areas or other constraints make the requirement difficult to meet. d. Existing trees may be used to fulfill foundation landscaping as described in Section 9. 6 Open Areas Landscape (OL) Standards: The purpose of -- --- hese standards is to provide general site beautification and high aesthetic quality with a mix of plant materials in open areas. Open areas include disturbed site areas, such as cul de sac islands, boulevard medians, storm water management areas, common areas in multifamily sites that are not for recreation facilities, and disturbed areas that are not located within the foundation landscape zone, vehicular hardscape area or the building footprint. Open areas landscaping shall meet the following standards. a. The open areas planting requirementsstandards are described in the following table: Attachment 2: Landscaping and Tree Preservation Standards - REVISED JUNE 21, 2010 Page 5 Open Areas Landscape (OL) Standards Per 2000 SF Trees and Shrubs 1 large, 1.5 medium, or 2 small 3 large, 5 medium, or 10 small b. Round all calculations to the nearest whole number of plants. c. Only land above the normal water level shall be included in the open area calculation for storm water detention areas. Planting shall be located above the normal water level in detention areas. The City may require specific tree species in locations where water levels vary. d. Existing trees may be used to fulfill open areas landscaping as described in Section 9. e. Areas that are included in a project - specific natural resource management plan that addresses vegetation are not subject to the open areas landscaping standards. f. All lot areas not used for off- street parking, off- street loading, sidewalks, driveways, building sites or other requirements shall be landscaped with grass, shrubs, trees or other acceptable vegetation or treatment as required by this chapter prior to issuance of a certificate of occupancy. Exceptions to this requirement are listed under "Certificate of Compliance ". 7 Landscape Screen: The purpose of this requirement is to separate and buffer different land use types, screen roads and parking, and hide utility and loading areas. Landscape screens shall meet the following standards. a. Required screen location, height, and materials are described in the following table: Location Required Screen Height Required Screen Materials Between a parking lot and public right of way or sidewalk 30 inches • year round continuous planting screen in accordance with paragraph 7.b. or • continuous wall or fence of permanent material Between a parking lot and adjacent residential uses (this includes across a 30 inches • continuous berm or wall or fence of permanent materials to block headlights and • plantings shall provide shrub cover for 50% of the wall or fence on the exterior side street from residential) • Attachment 2: Landscaping and Tree Preservation Standards - REVISED JUNE 21, 2010 Page 6 Location Required Screen Height Required Screen Materials Between residential uses • year round continuous planting screen in and accordance with 7.b. arterial or collector road or • wall or fence of permanent materials Between any development 6 feet and plantings shall provide shrub cover for 50% of and the wall or fence on the exterior side adjacent, less intense, residential land uses or • 6 ft. berm (this includes across a or street from residential • 4 ft. berm with additional 2 ft. year round Between loading /service continuous screen in accordance with paragraph area and public view 7.b. b. All continuous year round planting screens shall require at a minimum a double row of plants with triangulated spacing. See illustration. Plantings shall be spaced so that visibility through the screen is completely blocked within 5 years of the time of planting. Small shrubs shall be a planted at a maximum of interval of 3' on center, medium shrubs shall be planted at a maximum interval of 4' on center, and large shrubs shall be planted at a maximum interval of 6' on center unless otherwise authorized by the City. c. A wall or fence intended to provide a continuous year round screen shall block visibility completely. d. In addition to the shrub and wall /fence screen rcquircmcntsstandards, all screens shall be planted with large trees every 50 LF, medium trees ever 35 LF, or small trees every 25 LF or some combination thereof, along the length of the screen. e. Existing vegetative screens should be left in place unless composed of invasive species or otherwise directed by the City. Existing screens may be enhanced with new plantings to comply with the rem-s standards. f. Berms shall be irrigated and have maximum side slopes of 3:1. g. Permanent walls and fences shall be offset by a minimum of 2' at intervals of 75' maximum length for stability and visual relief. See illustration. h. Approved permanent wall /fence_ materials shall include wood, metal, masonry, concrete and-_stone, or other prefabricated and /or sustainable materials. i=cnces also may be 8. Boulevard Tree Standards: a. Boulevard trees are required at the rate of one tree per 70 linear feet of road frontage where property fronts any public road. The City shall collect a standard fee per tree based on the estimated market rate cost to purchase and install trees within the development site. Attachment 2: Landscaping and Tree Preservation Standards - REVISED JUNE 21, 2010 Page 7 b. Existing trees may be used to fulfill boulevard tree requi-Fementsstandards at the City's discretion. 9. General Landscaping RcquircmcntsStandards: a. Desirable existing trees may be used to fulfill Canopy Cover, Foundation Landscape and Open Areas Landscape feetbri-FeffteRtsstandards if applicable by placement. Desirable existing trees are valued according to the following table: Tree Size Deciduous Tees under 6" DBH or Evergreen trees under 12' tall Deciduous trees between 6 " -12" DBH or Evergreen trees between 12' -20' tall Deciduous trees over 12" DBH or Evergreen trees over 20' tall. Tree Value 1 large tree 2 large trees 3 large trees b. Ric Standards may be met by grouping different sizes of trees and shrubs. c. New trees may fulfill Canopy Coverage, Foundation Landscape and Landscape Screen requirementsstandards simultaneously if applicable by placement. d. An existing tree is considered to be removed if the tree trunk is damaged or if more than 30% of the dripline area is disturbed during the construction process. e. The City may allow flexibility in landscape roquircmentsstandards if there are conflicts with solar power, wind power, water harvesting, food production or other innovative measures proposed for the site. f. The landscape plan shall be compared to all applicable CPTED (Crime Prevention Through Environmental Design) standards and reviewed by the police department. Trees and shrubs shall not be planted in the right of way without City authorization. g. 10. Landscaping Guidelines and Technical Requirements: The purpose of the guidelines and technical requirements is to encourage plant longevity, minimize maintenance, and mitigate conflicts with other site features. An initial investment in high quality materials, careful design and planning, and proper construction techniques can result in plant longevity and long term maintenance cost reduction. a. Species Selection: Appropriate species selection is critical to maximize the benefits of plant materials. Healthy, long lived plants well suited to a site will reduce maintenance and replacement costs, while providing the most aesthetic and environmental gain. Native species in the built environment will supplement and connect the existing natural areas. Diversity is also important for an overall healthy and balanced landscape that is less susceptible to pests and disease. 1) The City shall maintain a list of approved species. The list is based on Lino Lakes area natural vegetative cover and includes additional hardy, non - invasive species. Approved species are classified by size. For each site, plants shall be selected based on mature size and adaptability to site conditions, such as microclimate, salt, pollution and other factors. The list of approved species is not exhaustive. Applicants requesting to plant a species not on the list shall submit species name, • Attachment 2: Landscaping and Tree Preservation Standards - REVISED JUNE 21, 2010 Page 8 height, width, form, hardiness zone, and other relevant information. The City shall classify new species based on tree size standards. For large projects the City may require applicants to comply with the following requirements: i. Species diversity ii. A minimum percentage of native species iii. A minimum percentage of large trees iv. A minimum percentage of evergreen trees. 2) The City shall maintain a list of prohibited species. This list includes species that are invasive or have other negative characteristics that may lead to ecological damage. 3) Exposed soil is not allowed. All areas not covered by a structure or hardscape shall be planted and mulched in accordance with the following: i. In areas with low pedestrian traffic, the use of low maintenance turf, typically fescue blends, is encouraged. In areas of high pedestrian traffic, the use of turf mixes with a higher percentage of rye grass is encouraged. ii. Turf in areas near roads and parking lots shall be salt tolerant. iii. Groundcovers shall be turf, perennials, annuals, small grasses, or low spreading shrubs. Type of groundcover should be determined by site conditions and anticipated use. Mulch is acceptable in landscape beds and areas not suitable for living groundcovers. iv. Hardy perennial forbs and ornamental grasses should be used in car overhang areas and places where snow may be stored. 4) Annual plantings should be minimized within 10' of a tree. The process of frequently replanting may damage the tree's shallow root system. 5) Seed mixes should be used in large expanses of naturalized areas. The City shall maintain a list of approved seed mixes. Where seed mixes are used, the City may request that visible edge treatments be planted with more deliberate groupings of flowering plants. 6) A permanent solid edge such as a 6" concrete, stone or other barrier is required between native seeded areas and turf unless otherwise approved by the City. Attachment 2: Landscaping and Tree Preservation Standards - REVISED JUNE 21, 2010 Page 9 b. Planting Requirements: 1) To promote development of a large, healthy canopy, trees shall be planted in accordance with the requirements in the following table and illustration: Tree Size Minimum island width for roots (back of curb to back of curb) Minimum tree opening Minimum planting soil depth Minimum cubic feet of soil available per tree in a single bed Minimum cubic feet of soil available per tree in a shared bed or three sided island Large Tree 9, -0" 4' x 6' or 5'x5' 30" 440 CF 400 CF Medium Tree : 6' -0" 5' x 5' or 30" 300 CF 270 CF Small Tree 5' -0" 4' x 5' 30" 250 CF 225 CF Minimum Island Width 2' 16' typical car space Planting Soil Engineered Planting Soil Calculate planting soil volume by Length x Width x Depth Minimum Island Width dimension can be reduced to the Minimum Tree Opening dimension if engineered planting soils are used beneath adjacent hardscape to achieve required soil volume. 2) Soils: Landscaped areas need high quality soils that retain moisture for plants to use, but drain adequately. Soil shall be uncompacted existing soil, new planting soil or engineered soils designed to allow plant growth. Proper soil preparation helps to ensure long term survival of the plants and to reduce the need for ongoing maintenance, additives, and pest control. If soil compaction exceeds 1400 kPa (200 psi) at the time of planting, the soil shall be loosened. Preexisting soils may be used and should be protected from compaction during construction. 3) Mulch: Mulch helps plant health by keeping the soil moist, protecting soil nutrients, preventing erosion, encouraging infiltration, and inhibiting weed growth. Mulch from decomposing materials such as wood chips enriches the soil over time. Although decomposing mulch needs to be replenished approximately twice a year to maintain • • • • Attachment 2: Landscaping and Tree Preservation Standards - REVISED JUNE 21, 2010 Page 10 adequate thickness, once plants grow together there is often need for little or no mulch. Mulch shall comply with the following requirements: a) Provide mulch at a depth of 3 -4" for wood chips, 4 -6" for shredded bark and 3 -4" for rocks or other non - organic matter. b) Provide a 3' minimum diameter mulch ring at the base of trees. c) Prohibit mounding mulch at the bases of trees, or allowing mulch within 4" of plant stems and trunks, as this will cause them to rot. d) If used, only water permeable fabric is permitted as a weed barrier. e) Leave one inch of space from the top of the mulch layer to adjacent hardscape surfaces to prevent spilling. f) The City may limit certain types of mulch in areas where safety or spilling may be an issue. Mulch should not be mixed with underlying soil. g) 4) Fertilizer: When fertilizer is used, organic and slow release fertilizers are recommended. 5) Drainage: Tree planting pits shall drain adequately. Drainage for trees may be accomplished through the use of non - compacted and well draining soils. The City may require the following drainage test: Dig 8" diameter holes 1' deep and fill with water. If the holes do not drain within 24 hours adjust bed design or composition in order to achieve proper drainage. If the underlying soils retain water, the applicant shall provide additional drainage measures. 6) Tree protection after construction: Bollards, barriers, or spacing may be necessary to protect trees from cars. Bike parking should be included to discourage locking bikes to trees. For tree protection during construction see Section Q.15. c. Tree and Infrastructure Placement: Tree placement should be given consideration when locating overhead and underground utilities. Service utilities should be located outside of plant beds where they may conflict with tree plantings. Consider using conduits for buried utilities to allow future work with less disruption to roots. The clearances in the following table are recommended from the center of the tree trunk to avoid future conflicts: Utility Distance to Center of Tree Lights, Utility Poles, Fire Hydrants 10' Water, Sanitary, Storm and Gas lines 6' from the center of the line. Conduit for dry utilities (electric, cable) 3' Utility clean outs and access points 3' Overhead utility lines (consult utility company for additional requirements) 5' to mature tree canopy (may require trimming, topping is prohibited, see Section Q.10.f) Attachment 2: Landscaping and Tree Preservation Standards - REVISED JUNE 21, 2010 Page 11 d. Clear Vision Area for Local Residential Roads: Shall mean the triangular area of a corner lot formed by the intersection of the right -of -way (ROW) lines and a line connecting them at points 20' from the intersection unless otherwise directed by the City (see illustration). Within this area, visibility shall be unobstructed between a height of 30 inches and 8 feet above the center line grades of the intersecting roads. Clear Vision Area for County Roads: Shall be determined on a case by case basis, depending on the road alignment, grading, traffic speed and the nature of the intersection and is subject to County and City review. -r I Clear View Area LL defined by ROW line ROW lire Curb line e. The minimum plant size requirements are described in the following table: Minimum Plant Size Requirements Plant Type Minimum Size* Large trees Bare Root - 1.75" Balled and Burlapped or Container - 2" caliper Medium and small trees Bare Root - 1.5" Balled and Burlapped or Container - 1.5" caliper Evergreen trees 6' height Large shrubs 3 gallon container Medium shrubs, small shrubs and groundcovers 1 gallon container Ornamental grasses and perennials 4" pot * City may limit bare root plantings in areas of high visibility. In selected situations the City may allow ten (10) whip bare root plantings, or five (5) 3/4" caliper bare root plantings to be substituted for 1 large tree. Bare root plantings must be protected with rodent guards. f. All boulevard trees shall be balled and burlapped and a minimum size of 2" caliper g. Installation and Maintenance 1) Installation: Proper planting is the first and most important step toward establishing healthy and low maintenance vegetation. All plantings shall be installed in accordance with standard practices of horticultural professionals. Stem girdling roots are often fatal for trees that have been planted too deep or have mulch or soil built up around the trunk. All trees shall be planted so that the root flare (where the trunk widens out just above the roots) is visible above the ground level and the highest large root is within 1/2" of the ground surface. All adventitious roots should be cut away at the time of planting to avoid the formation of stem girdling roots. 2) Maintenance: The property owner or if applicable, the homeowners association, shall be responsible for maintenance of landscape elements (plants, structures, pavement, etc.) so as to present a neat and aesthetically pleasing appearance free of any unhealthy or potentially unsafe conditions. Landscaping shall be maintained to be weed -free, healthy, trimmed, mown, edged, reseeded, pruned, and replaced with similar plant species if necessary. Specific requirements for watering and pruning follow: • Attachment 2: Landscaping and Tree Preservation Standards - REVISED JUNE 21, 2010 Page 12 i. Watering: All plantings require regular watering for at least the first three years to get established. Once the root system has developed, many hardy plants, especially native plants, may only need supplemental watering in drought conditions. Cultured turf areas and landscape berms shall be permanently irrigated. The City may allow low maintenance turf to be non - irrigated if a method for supplemental watering, such as a spigot or rain barrel, is provided. For landscape beds ongoing irrigation may be provided through a permanent or temporary system, or by hand. (Note: typical installed irrigation systems do not provide adequate water for new trees.) Permanent irrigation systems with an automatic controller shall utilize rain sensing technology. Overspray should not fall outside of the landscaped area. Water efficient drip or underground irrigation is required in shrub and groundcover landscape beds for permanent systems. Temporary systems may use spray irrigation for shrubs or plugs. See Water Conservation Ordinance for additional watering requirements. ii. Pruning: Plants shall be pruned to avoid conflict with other structures, remove dead or diseased limbs and for optimum shaping. The City recommends that trees be pruned by a certified arborist every 4 -7 years, which can help reduce maintenance costs. Topping or extreme crown reduction is prohibited unless the tree is a safety hazard or such measures are approved by the City. Trees overhanging walkways should be pruned up to 7' when mature. Trees overhanging streets should be pruned up to 10' when mature. Smaller trees should receive limited pruning appropriate to the size and age of the tree. Branches that are hazardous for any reason shall be removed immediately. The City may direct pruning. The property owner or if applicable, the homeowners association, shall be responsible for removing any trees or shrubs or parts thereof that are dead, diseased or overhang or interfere with traffic control devices, public sidewalks, or rights -of -way. • Attachment 2: Landscaping and Tree Preservation Standards - REVISED JUNE 21, 2010 Page 13 11. Tree Preservation and Mitigation Standards : The purpose of these requirementsstandards is to protect valuable trees and stands of vegetation, while not interfering with landowners' reasonable use and development of property. The goal is to minimize unnecessary loss of habitat, biodiversity and forest resources and to replace removed trees in areas where tree cover is most critical. Except where Unless specifically excepted, tree preservation and mitigation standards apply to all plats, site plans, conditional use permits, interim use permits, excavation grading, building, and er -other activity that requires a city permit or approval. a. Tree preservation and mitigation feq tii-rementsstandards for each level are described in the following table: 2cquircmentsStandards Environmentally Sensitive Area (ESA) Category Tree Location: within Basic Use Area Tree Location: not within Basic Use Area Deciduous trees 6" dbh and over or Evergreen trees between 12'- 20' tall Deciduous trees Deciduous trees over 12" dbh or Evergreen trees over 20' tall 6 -12" dbh or Evergreen trees between 12' -20' tall Non ESA no mitigation required provide 1 tree per 1 tree removed Provide 2 trees per 1 tree removed Natural Resource Conservation Area or Natural Resource Corridor provide 1 tree per 4 removed provide 2 trees per 1 tree removed provide 3 trees per 1 tree removed Enhancement Area Natural Resource Protected Area provide 1 tree per 2 removed provide 2 trees per 1 tree removed provide 3 trees per 1 tree removed b. Trees used for mitigation purposes must meet the Landscaping Guidelines and Technical Requirements in Section Q.10. c. Trees used for mitigation may also fulfill the Open Areas Landscape Requirement at the discretion of the City. d. Trees with thirty percent (30 %) of the roots damaged are considered to be removed and must be mitigated for at the applicable rates. e. Undesirable trees are not subject to preservation and mitigation standards. f. On existing lots with existing buildings where no building or development activity that requires a permit or approval from the City is occurring, the removal of trees is not subject to tree preservation and mitigation reguir-ementsstandards. g. Replacement trees shall be planted on site. h. The applicant may request to pay a fee per tree in lieu of some or all of the trees required for mitigation. At the City's discretion, the City may accept the fee for planting trees within the general area of the development project. The City shall maintain a standard fee per tree based on the estimated market rate cost to purchase and install trees. Attachment 2: Landscaping and Tree Preservation Standards - REVISED JUNE 21, 2010 Page 14 12. Tree Survey: a. A tree survey is required for all property that contains a deciduous tree greater than 6" dbh or an evergreen tree greater than 12' tall. b. The tree survey shall be the basis for the tree preservation plan, tree mitigation standards, and the use of existing trees to fulfill landscape regementsstandards. c. The tree survey shall provide the following information: 1) in the basic use area and other areas where tree removal is proposed, for all deciduous trees over 6" dbh and all evergreen trees greater than 12' tall: i. tree species ii. size iii. location iv. dripline v. tree condition 2) the location of the combined driplines of all tree stands designated for preservation on the development property 3) on adjacent properties, the dripline of deciduous trees over 6" dbh and evergreen trees greater than 12' tall where the dripline is within 5' of the development property. d. For a new plat or new Planned Unit Development, the tree survey shall be one plan sheet and the tree preservation plan shall be a separate plan sheet. e. For a building permit for a new structure on an existing lot, the tree survey and preservation information may be included on the lot survey typically required for a building permit instead of on a separate document. For a building permit for an addition to an existing structure, the tree survey information may be provided in an informal medium that sufficiently conveys the information. f. At the City's discretion, the tree survey requirement may be waived under the following circumstances: 1) Deciduous trees greater than 6" dbh or evergreen trees greater than 12' tall will not be removed and are not likely to be impacted by construction. 2) Deciduous trees greater than 6" dbh or evergreen trees greater than 12' tall will only be removed within the basic use area and the basic use area is not an ESA. 13. Tree Preservation Plan: a. A tree preservation plan shall be required for all soil disturbance activities where tree preservation and mitigation reguifement-sstandards apply in accordance with Q.11.a. A tree preservation plan shows how preservation and mitigation rem standards will be met and how preserved trees will be protected during construction and other potentially harmful activities. b. The tree preservation plan shall be based on the tree survey. c. If a tree survey shows that no desirable deciduous trees over 6" dbh or evergreen trees greater than 12' in height on the development property or adjacent properties are near the construction area, the City may waive the tree preservation plan requirement. d. A tree plan shall include identify: Attachment 2: Landscaping and Tree Preservation Standards - REVISED JUNE 21, 2010 Page 15 1) the basic use area 2) the disturbance area 3) tree size (dbh), species, condition, location, and root protection zone (5' out from the dripline) for all deciduous trees over 6" dbh or evergreen trees greater than 12' tall to be preserved, orr the combined root protection zone of all stands of trees designated for preservation, whichever is applicable. 4) The pion shall show ILocation and type of tree protection fence, 5) staging areas 6) temporary construction access routes, and 7) concrete washout areas. soil disturbance. 8) Existing and proposed grading. 9) The plan shall show directional felling and trenching to separate root systems prior to bulldozing trees or stumps if necessary to avoid damage to adjacent trees. 10) Coordination of utility planning so that utilities are installed in a manner that protects trees intended to be saved. e. Trees to be preserved shall be tagged in the field and keyed to the tree preservation plan. The City may inspect the trees to verify compliance with the preservation plan at any time during construction. f. The tree preservation plan shall not conflict with natural resource management plan required for environmentally sensitive areas. See Section 2, Subd. 6.E.2.b. q. See the Stormwater Ordinance for other construction related requirements. gh.The following shall occur prior to soil disturbance: 1) The tree preservation plan shall be approved by the City. 2) Fencing and all tree protection measures shall be installed and inspected by the City. 3) Erosion control measures shall be installed and inspected by the City. 4) All required financial securities have been submitted. 5) Any required development agreement has been approved. 14. Tree Preservation During Construction: Trees that are to be preserved must be protected by the following methods unless otherwise approved by the City. a.Tree protection fencing shall be installed and maintained 5' out from the identified drip line of the trees (root protection zone) prior to soil disturbance. Fencing shall be a minimum of 4' high and of a highly visible material, such as snow fence or polyethylene laminar safety netting, and must be standing throughout the construction process. Cut roots with clean, pruning cuts at the fence line prior to fence installation to avoid later tearing of the roots. Signage shall should be installed to instruct workers to stay out of the root protection zone. • • • Attachment 2: Landscaping and Tree Preservation Standards - REVISED JUNE 21, 2010 Page 16 2)b.Areas where development must encroach upon the root protection zone must be identified on the tree preservation plan in which case the fencing shall be installed at that edge. 3)c. No actions that may harm the health of the tree, including, but not limited to construction, traffic, compaction, storage of equipment or materials, including soil, grading, or concrete washout areas may occur in the root protection zone. 4)d.Trees damaged by construction, or with more than thirty percent of the roots disturbed, shall be counted as removed and mitigated at applicable rates. e. Tree protection measures shall remain in place until all grading and construction activity is terminated. 15. Certification of Compliance: Prior to the issuance of a certificate of occupancy, the project developer, builder, or representative shall certify in writing to the city that all elements of the tree preservation plan and landscaping plan were completed. These must be confirmed by the city. However, the City may issue a certificate of occupancy prior to completion of landscaping in the following situations: a. If winter weather will prevent healthy planting practices, a security may be posted to ensure the remaining planting is accomplished and all planting must be installed by the first of June the following spring. b. A certification of occupancy may be issued by the city on residential lots prior to lawn seeding or sod provided an escrow security is submitted sufficient to ensure that the work will be completed and the date of completion is specified. 16. Non - Compliance: If the City finds that the property is not in compliance with the approved landscaping plan or tree preservation plan, it shall inform the property owner or if applicable, the homeowners association, regarding the non - compliance and describe, in writing, the steps needed to bring the property into compliance within a reasonable timeframe, not to exceed sixty (60) calendar days. 17. Use of Performance Security: If after notification of non compliance, the property owner eemplianee7 The City may require performance security to ensure conformance with the requirements of this chapter. a. The performance security shall extend for two (2) years from the date of planting. The form of the security—cash, letter of credit, or other form —shall be determined by the City. b. If after notification of non - compliance the property owner or, if applicable, the homeowners association fails to achieve the compliance within sixty (60) calendar days, the City may exercise its authority to use the performance security to address compliance. 19 ATTACHMENT 3 CONCEPT PLAN § 1001.02 -020 GENERAL. (1) , Prior to submittal of a preliminary plat. applicants shall prepare and submit a concept plan_ depicting the subdivision proposal for i,tivicw prior to filing a formal application. The concept plan shall be the product of a collaborative design process. On the basis of the concept plan, the city shall informally advise the subdivider as promptly as possible of the extent to which the proposed subdivision generally conforms to the Comprehensive Plan, to the design standards of this chapter, and to other applicable requirements, and shall discuss possible modifications. (Ord. 04 -03, passed 2 -24 -2003) (2) Purpose. The purpose of the Concept Plan is to provide an opportunity for the applicant to submit a plan to the City showing the basic intent and the general nature of the entire development before incurring the substantial cost of preparing a preliminary plat application. This Concept Plan provides an opportunity for the proposal to be publicly considered at an early stagy„ e. 1001.021 -§ 1001.024 reserved & 1001.025 COLLABORATIVE DESIGN PROCESS (1) City staff and the applicant shall meet to collaborate on the design of the project to incorporate the goals and public values in the Comprehensive Plan. Specialists with expertise on the issues and elements of the site shall be included in the process when deemed appropriate by the City or the applicant. For projects that include land within Environmentally Sensitive Areas as indicated on the City's landscape scale map, the discussions and meetings shall include representatives of the Rice Creek Watershed District. The collaborative design process shall include three steps: initial collaboration meeting. neighborhood meeting, and the collaborative design meeting. (2) Purpose. The purposes of the collaborative design process are: (a) to incorporate into the design of the project . the goals and public values in the Comprehensive Plan and other elements deemed to serve public purposes: draft revisions to Chapter 1001 subdivisions draft date June 22, 2010Page 19 of 72 • • • 20 (b) to gather information and obtain guidance as to the general suitability of the proposal for the area in which it is proposed and its conformity to city policies: (c) to determine as early as possible if a Planned Unit Development is the most appropriate and effective means of achieving the goals of the Comprehensive Plan and complying with the City's site performance standards; (d) to recognize the economic needs of the project and incorporate them into the project design; (e) to provide the opportunity to accomplish these purposes before incurring the substantial public or private expense of preparing detailed plans and information required for formal application and review of a preliminary plat. (3) Initial Collaboration Meeting. (a) Prior to preparing and submitting the concept plan under the requirements of this chapter. an applicant for a project requiring a plat or Planned Unit Development (PUD) shall meet with city staff to discuss the proposed development. the requirements for pursuing a development application, the collaborative design process, and other issues relevant to the project. The City strongly recommends that the applicant refrain from preparing any site layout plans prior the initial collaboration meeting in order to minimize the expense of plan changes. (b) Inforrnationfor collaborative design process. The City staff shall assemble and provide at this meeting environmental information it has that is relevant to the project. (c) At the initial collaboration meeting, City staff. selected specialists. and the applicant shall discuss elements to be considered and included in the project design when applicable, including but not limited to: site District 1. City goals and public values described in Comprehensive Plan relevant to the 2. the City's Resource Management System Plan 3. Resource Management Plan and Rule RMP -3 of the Rice Creek Watershed 4. the collaborative design process 5. existing conditions and environmental features 6. preservation and /or enhancement of Environmentally Sensitive Areas (ESA) 7. site layout performance standards and other official controls 8. economic needs of the developer 9. potential for flexibility with a PUD 10. general location of streets and utilities 11. general location and extent of public and common open space draft revisions to Chapter 1001 subdivisions draft date June 22, 2010Page 20 of 72 intensities 12. general location of land use types (residential and non - residential) and 13. architectural themes 14. a staging and time schedule of development 15. other special criteria relevant to development of the site 21 (4) Neighborhood meeting. After the initial collaboration meeting. the City and applicant shall hold a neighborhood meeting for discussion and feedback prior to submitting a concept plan application. The purpose of the neighborhood meeting is to discuss the relative issues listed in paragraph (3) above and gather information and input from the community. This input and information will be considered during the collaborative design process. (5) Collaborative design meeting(s). After the neighborhood meeting. collaborative design meeting(s) shall occur. The applicant. City staff and consultants. and appropriate specialists with expertise on the issues and elements of the site shall meet to collaborate on designing the concept plan. The applicant shall incorporate information and recommendations of the meeting(s) and prepare the concept plan submittal information required in 1001.026. (a) For projects that include land within Environmentally Sensitive Areas. this design group shall include a representative of the Rice Creek Watershed District. (b) The City may waive the need for the collaborative design meeting if. at the discretion of the City, the site design issues are resolved to a sufficient degree that the concept plan can be prepared based on information gathered by the initial collaboration meeting and the neighborhood meeting. draft revisions to Chapter 1001 subdivisions draft date June 22. 2010Page 21 of 72 • Zoning Ordinance: Section 2 ATTACHMENT 4 Subd. 10. PUD, Planned Unit Development. draft date 5/14/2010 • • F. Procedure for Processing a Planned Unit Development. 1. Stages of PUD. All PUD applications shall be subject to the information submittal requirements and the review process described in Chapter 1001, even if the PUD does not include a subdivision. As described in this chapter and in Chapter 1001, additional information may be required for a PUD compared to other development applications. The information and review processing steps for a PUD are intended to provide for an orderly development and progression of the PUD project Plan, with the greatest expenditure of developmental funds being made only after the City has had ample opportunity for informed decisions as to the acceptability of the various segments of the whole as the plan affects the public interest. The various steps and applications, outlined in detail in the , _are: a. Application Conference and Ncighborhood Meeting. Preliminary discussions. h General PUD Concept Plan Application. Collaborative design of and consideration of the overall concept and plan, including the information and process required in this chapter and the information and process required for a concept plan in § 1001. This includes the information, Zoning Ordinance Sec. 2, Subd. 10—PUD--Page 13 of 25 Zoning Ordinance: Section 2 Subd. 10. PUD, Planned Unit Development. draft date 5/14/2010 meetings, and process for collaborative design described in § 1001.The eb. Development Stage PUD Preliminary Plan Application. One or more Consideration of plans and documents establishing the uses, densities, architectural themes, conditions, management structure and duties, staging, layout of streets, utilities, open space, and building sites, and other elements of the project, including information and process required in this chapter and the information and process required for a preliminary plat in 5 1001. 4c. PUD Final Plan Application. The summary of the entire concept and each •-.- ee - -- - -e - - e": - - .-e planConsideration of the Final Plan, which is to serve as a complete, final, detailed, and permanent public record of the PUD and the manner in which it is to be developed. It shall incorporate all prior approved plans and all approved modifications thereof resulting from the PUD process, including the information and process required in this chapter and the information and process required for a final plat in 5 1001. Application Conference. Prior to filing of an application for PUD, the Neighborhood Meeting. The City strongly recommends the property 23. The person applying for a planned unit development shall fill out and submit to the Zoning Administrator an application form together with a fee as established by the City_ Zoning Ordinance Sec. 2, Subd. 10— PUD —Page 14 of 25 • • • • Zoning Ordinance: Section 2 Subd. 10. PUD, Planned Unit Development. draft date 5/14/2010 • 34. RA planned unit developmentlr, ng- _application shall be posted and advertised as required by city code for a zoning amendment. in accordance with Section 2, Subd. 1 of this Ordinance. 46.PA public hearings shall be held at-for the PUD Preliminary Plan development stage 57. General Concept Plan Application. a. Purpose. The purpose of the PUD Concept Plan is to provide an opportunity for the applicant to submit a plan to the City showing the basic intent and the general nature of the entire development before incurring the substantial cost of preparing a preliminary plat application. This Concept Plan provides an opportunity for the proposal to be publicly considered at an early stage. staff note: these "immediately significant elements" have been incorporated into collaborative design discussion points at 1001.025 1) Overall Maximum PUD Density Range. 2) General Location of Major Streets and Pedestrian Ways. 3) General Location and Extent of Public and Common Open Space. /1) General Location of Residential and Non Residential Land - ' -- - -- Development 5) A Staging and Timc Schedule of Development. staff note: submittal information to be listed in platting chapter, not PUD chapter Zoning Ordinance Sec. 2, Subd. l0— PUD —Page 15 of 25 • • WS — Item 10 WORK SESSION STAFF REPORT Work Session Item 10 Date: 6 July 2010 To: City Council From: Dan Tesch, Director of Administration / Interim C.A. Re: English as Official Language Background Several months ago, members of the council were asked to provide staff with their ideas for potential cost saving measures. Council Member Roeser proposed the city adopt a policy that English be the official language of the City. This policy would prevent the city from printing materials and documents in multiple languages — thus saving in printing and translation costs. If the council would like to proceed with this initiative, the question becomes whether this would be adopted in the form of a resolution or an ordinance. A resolution would be a statement of policy outlining why English as the official language has been adopted. This is a document that could be created by staff with a quick review by our city attorney. An ordinance would be amending the city code and would require that our attorney draft the ordinance and that would be an expense not anticipated in the 2010 budget. Our city attorney is on sabbatical until the end of July. The council should hear from your attorney the pros and cons from a legal standpoint of adopting this policy — i.e. possible future litigation and ramifications for federal grants. Requested Council Direction • If the council wishes to . proceed, would the policy be outlined in resolution form or ordinance form.