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09/07/2010 Council Packet
REVISED WORK SESSION AGENDA CITY OF LINO LAKES Tuesday, September 7, 2010 CITY COUNCIL WORK SESSION Community Room (not televised) 5:30 P.M. 1. Office of Energy Security Grant Award 2. Electrical Changeout Savings Proposal — Public Works Facility 3. Emergency Generator Proposal — Civic Complex 4. Storm Water Utility 5. Illicit Discharge, Detection and Elimination Ordinance 6. Comprehensive Plan Review 7. Housing Goals, LCA 8. Traffic Signal Referendum Communication Plan 9. Organizational Review Regular Agenda Items Adjourn C I T Y *y" :; O F IIN / KES WORK SESSION STAFF REPORT Work Session Item 1 Date: Council Work Session, September 7, 2010 To: Mayor Reinert and City Council Members From: Rick DeGardner, Public Services Director Re: Office of Energy Security Grant Award BACKGROUND: The City of Lino Lakes was recently notified that our grant application for energy improvements was selected for funding by the MN Office of Energy Security. The grant award is in the amount of $89,937 and requires a 50% match. Our grant application consisted of three primary components: Civic Complex — Budget considerations during the original construction of the Civic Complex resulted in a high efficiency boiler not being installed (only two standard efficiency boilers). Installing a high efficiency boiler would achieve energy savings during 80 -90% of the heating season. Installation of one new high efficient (94.6 %) boiler for main building heating loads /operations and utilizing the existing 78% efficient boilers for peak demand time only would result in approximately $7,800 in annual energy savings. Total project cost $79,900 (grant award is $39,950, also $3,500 in rebates). City responsibility is $36,450 with a payback term of 4.7 years. Public Works /Senior Center — The current mechanical systems have reached their average life expectancy. The heating and air conditioning systems are 27 -30 years old and have efficiencies in the 68% range. Installing six new high efficient furnaces will result in 95% efficient ratings, increasing a minimum of 25% plus thermal transfer efficiencies. Cooling equipment will be increased from 8 seer to 15 seer ratings. Total project cost $60,938 (grant award of is $30,469, also $3,480 in rebates). City responsibility is $26,989 with a payback term of 9.2 years. Annual energy savings is $2,925. Centennial Fire Station #2 — The current mechanical systems are approximately 19 years old and have efficiencies in the 70% range. Installing new heating equipment will provide 95% efficient ratings, increasing a minimum of 25% plus thermal transfer efficiencies. Cooling equipment will be increased from 8 seer to 15 seer ratings. Total project cost $44,257 (grant award is $19,518, also $1,740 in rebates). City responsibility is $22,999 with a payback term of 9.7 years. Staff is seeking approval to enter into an agreement with the State of Minnesota to execute the grant agreement. Upon receipt of the grant agreement, staff will place this item on a City Council agenda for official review /action. Staff recommends that the required matching funds be designated from the Municipal Buildings & Facilities Fund. palaldwo3 = * WADI >laeqAed Total Project Costs After Grant Awards /Rebates TOTAL Civic Complex Generator Rewire (Centennial Fire Station #2 Lighting* Public Works Lighting Changeout (Centennial Fire Station #2 HVAC Public Works HVAC (Civic Complex Boiler City Hall /Police Dept Lighting* 00 Q1 i-, Uri rn v O O O $6,548 N D A U-1 N $44,257 O o LO UJ CO 006'6L$ rn N O PROJECT COST to 0o W CD uJ �1 to 1--> LD Cn h-> CO i!} UJ O .A Ol W to W __LID L0 Ul O GRANT AWARDS -U' 1, O oo N $3,521 to -P l0 O -cn_ 1--, • O in- W W O to W O O $2,150 REBATES $25,864 Ul Cr) O 0 $2,750 N CT) I--, CO $2,371 $2,925 �1 CO O 0 I--` CO O 0 ENERGY SAVINGS /YEAR SIJ3fO2Jd 9NIAVS ADH1N3 IN3ViI iVd3a S3JIAJ S JI1Bfld WORK SESSION STAFF REPORT Work Session Item 2 Date: Council Work Session, September 7, 2010 To: Mayor Reinert and City Council Members From: Rick DeGardner, Public Services Director Re: Electrical Changeout Savings Proposal — Public Works Facility BACKGROUND: The Public Services Department continues to evaluate potential cost savings measures to reduce expenditures. Staff recommends that we incorporate a lighting retrofit program at the Public Works Facility. The Public Works Facility, built in 1971, has potential to take advantage of current rebate programs to install energy efficient lighting. This includes retrofitting 196 fixtures. The total project cost is $19,452. With $4,790 in rebates, the total project cost is reduced to $14,662. With projected annual energy savings of $2,618, the payback term is approximately 5.6 years. FYI — The Centennial Fire District has already approved moving forward with their lighting retrofit program. With a total project cost of $6,548 and rebates of $3,521, the payback term is only 1.1 years. The Centennial Fire District has already committed to funding this program. Staff recommends that the funding for the lighting retrofit program for the Public Works Facility be designated from the Municipal Buildings & Facilities Fund. WORK SESSION STAFF REPORT Work Session Item 3 Date: Council Work Session, September 7, 2010 To: Mayor Reinert and City Council Members From: Rick DeGardner, Public Services Director Re: Emergency Generator Proposal — Civic Complex BACKGROUND: Currently, there is not any type of emergency power backup for City Hall and the ECFE should electrical service be disrupted to the Civic Complex. The existing generator provides back -up to the Police Department only. Hooking up the generator to provide back -up power to the entire civic complex will result in our ability to continue services (warming /cooling, computers, telephones, lights) in case of a power outage. This was originally planned when the Civic Complex was built, but was removed as a cost cutting measure. The total project cost to rewire the generator and install a new transfer switch is $67,000. This proposal also makes us eligible for peak shaving savings from Xcel. The projected energy cost savings is $5,600 per year, resulting in a total project payback term of 12 years. If supported, staff recommends that funding for the above project be designated from the Municipal Buildings & Facilities Fund. WS — Item 4 WORK SESSION STAFF REPORT Work Session Item 4 Date: Council Work Session, September 7, 2010 To: City Council From: Michael Grochala, Re: Storm Water Utility Ordinance Background The City of Lino Lakes owns and operates a Storm Water Management System comprised of pipes, ditches, ponds, catch basins, manholes and other structural and non- structural Best Management Practices (BMP's). The purpose of this system is to safely and efficiently convey and treat storm water runoff that results from the creation of impervious surfaces. Since 2003, in compliance with the provisions of the Federal Clean Water Act; Minnesota Statues Chapters 115 and 116, and Minnesota Rules Chapter 7001, the City of Lino Lakes has been required to develop and implement a Storm Water Pollution Prevention Program (SWPPP). The SWPPP must satisfy the State of Minnesota's General Permit requirements authorizing the City's discharge of storm water associated with municipal separate storm sewer systems. The storm water 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. The City's Storm Water Pollution Prevention Program includes: (1) The Best Management Practices (BMP's) that it will implement for each of the six (6) storm water minimum control measures required by the General Permit including: Public Education, Public Participation and Involvement, Illicit Discharge Detection and Elimination, Construction Site Storm Water Runoff Control; Post - construction Storm Water Management; Pollution Prevention and Good Housekeeping. (2) Measurable goals for each of the BMP's, including, as appropriate, the months and years in which the City will undertake required actions, including interim milestones and frequency of the action in the narrative; (3) Estimated yearly timelines in which the City will implement each BMP; and, 1 (4) Person(s) responsible for implementing and/or coordinating each component of the Phase II Storm Water Program. The costs of operating this system are currently funded by property taxes. As a result of federal requirements and implementation of the SWPPP, costs for management of the storm water system have continued to increased. In 2006 the city council initiated a study to evaluate financing alternatives for storm water management. The study was intended to address costs due to federal and state storm water management compliance requirements and storm water related street reconstruction costs identified in the Pavement Management Program report (2005). The report was completed identifying the establishment of a utility as the preferred option. Two (2) public informational meetings were held, but no action was taken by the city council on the proposed utility. However, continued evaluation of the utility remained as a city council goal and a budget discussion item. In March of 2010 the council initiated an update of the report excluding costs associated with street reconstruction. The estimated budget was limited to costs associated with the operation, maintenance, repair and replacement of the storm sewer system. Funding for the expansion of the storm water system was not included. A draft copy of the report was presented to the council in July of 2010. A public hearing was held on August 9, 2010. Analysis The Minnesota Legislature authorized local governments to create "storm water utilities" (Minnesota Statutes section 444.075) in 1983. Funds obtained through a storm water utility fee must be dedicated to the purpose for which they were obtained. This allows a community to fund programs necessary to meet local needs and federal and state requirements for storm water management. Establishment of a utility has become more common with implementation of the federal storm water management requirements. A 2007 study by the Metropolitan Council identified 83 communities within the 7 county area had established a utility. Nearby communities include Blaine, Shoreview, Centerville and Circle Pines. The basic premise behind the storm water utility is that users pay including tax exempt properties. Charges are based on the volume of storm water runoff and land use, not property value. The base unit or "Utility Factor" represents a single family residential home. Multi- family, commercial, industrial and institutional properties are assigned multiple units based on the land use and size of property. The proposed monthly cost for a single family residence is $2.50 which equates to $30.00 per year. Budget The city currently spends an estimated $311,000 annually on storm water management, which is funded by property taxes. The Storm Water Utility budget is estimated at $502,500 and includes approximately $191,000 in additional funding to meet current 2 needs. These needs include an increase of $90,000 in improvement funding and $58,000 annually for equipment debt service. A comparison of the existing budget (including fund numbers) and estimated storm water utility budget is attached. Ordinance Changes Staff is proposing modification to the ordinance based on comments received at the public hearing. We are hoping that these additions provide additional clarification. Section 404.01 (2) - defines the components of the storm water system. Section 404.01 (3) - limits the funding solely for the operation, maintenance, repair and replacement of the system. Section 404.01 (4) - states that the funds shall not be used for expansion of the system to accommodate new development. Section 404.01 (5) - states that an operating budget will be adopted annually by the city. Credit Policy The city has received requests to include a credit process for residential properties. The draft Storm Water Utility policy establishes the procedural requirements for obtaining credits. A single family residential "rain garden" credit has been incorporated into the policy. A 50% credit ($15 /year) is available for implementation and maintenance of a residential rain garden that accepts runoff from public property and reduces the amount of runoff entering the storm system. The rain garden must be approved by the city to receive the credit. This policy is intended to assist property owners that are maintaining approved BMP's that are part of the city's storm water management system. However, it is not applicable to residential property owners with "private" on -site rain garden facilities. When considering the credit process, benefit to the system or "system cost" was evaluated. System Cost. The city operates a storm water management system and there is a cost to maintaining that system. Under the proposed credit system a rain garden that is part of the "City's" system needs to be maintained and represents a cost to the city. Maintenance of the rain garden, in this case, by a resident is a benefit to the system and qualifies for a credit. Alternatively a private residential rain garden, while supported by the city, does not directly relieve the city of any existing costs or responsibilities. Staff believes the city should continue to promote private on -site BMP's. We will continue to evaluate programs either through our education component or through other governmental partnerships to assist residents who want to undertake these projects. Report Funding The original 2006 report was completed at a cost of $18,000. The 2010 update was prepared at an estimated cost of $5,000 plus any additional service billed on an hourly basis. Funding for the reports is provided by the city's Surface Water Management Fund. The Surface Water Management Fund is adeveloper funded trunk storm water account established by the city council in 1994. The purpose of the fund is to meet the administrative, planning, ponding, mitigation and water quality needs resulting from development. No property tax dollars were used to cover the cost of the reports. Summary of Storm Water Utility Benefits • The city operates a storm water management system and there is a cost to maintaining that system. • There are mandated Federal and State storm water program requirements that all cities must meet. • City residents already pay for these costs through property taxes. The Storm Water Utility is just a different method. • The Council maintains control over the storm water management budget. • The council approves the storm water utility budget and the projects each year. • A separate storm water utility budget makes expenditures more transparent for city residents. • The utility will NOT fund construction of improvements for new development • The storm water utility is more equitable to all users— the more storm water runoff a property contributes to the system the more the property pays resulting in lower costs for single family residences. Council Direction Staff is requesting council direction regarding any proposed changes. The continued public hearing and consideration of the 1st Reading are scheduled for the September 13, 2010 meeting. Attachments 1. Storm Water Utility/ General Fund Budget Comparison 2. Draft Storm Water Utility Ordinance 3. Draft Storm Water Utility Credit Policy 4 o) o cz D X O W LL N U N 0 W 0) -o co W • as 4E' W ^' W as U O as as � o n L Q w U See Note 2 below 101- 430 - 4410 -000 o oo 0 o O o O O 0 N -o • co I a) • o O OM O • Z 't Z N— O N— N O (n O (n dr 0 0 0 0 0 0 L0 0 0 0 0 0 0 CO O O LO O O LC) O L() CO O 0 ti 'N^ 'r Efl 'N^ f`�^ LLC) vT Eft Ef} Ea Ea CO 0 0 0 0 0 0 O 0 O Eft 0 Eft CO 0 O LO O O0) LO^ '0^ r L() Ef} E t Ea 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 LO 0 0 0 0 0 10 ti r LO CO r N 0) L() r Ef} Et EA- Ea r (f} Ef} Ea Personnel - 1.5 FTE V) 0) W O 0 C cts -o N W Q) Z v U (3 E • O o O Q L H o Q al o c Q N ( Cr) _C - c 0 • 0).L -o -0 mC Q aoiW 5il E sad N O ._ .o Q n CO � cr V) W W Ci) W L() CO r 0) Ef} 0 0 LC) N O LC) Ef} 1) Equipment Needs W H W 0 0 0 0 0 0 0 0 0 o 0000 LO 0 0 LO Lf) N- L() 00 LC) N r r LO Ef) 69- Ef- 69- EA- O 0 0 0 0 r r r r co O O o r r O O CO NCO CO CO I t r 1 1 1 r r r r 2) Current Personnel 10 0 0 L0 0 101 - 461- 4330 -000 Environmental CITY OF LINO LAKES ORDINANCE NO. 09 -10 AN ORDINANCE ESTABLISHING A STORM WATER UTILITY IN THE CITY OF LINO LAKES The City Council of the City of Lino Lakes hereby ordains: Section 1. Chapter 404 of the City Code is hereby established as follows: § 404.01 GENERAL OPERATION (1) 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. (2) The storm water system consists of lift stations, catch basins and manholes, collection piping, forcemain, storage tanks and ponds, structural and non - structural BMP's (Best Management Practices), and associated appurtenances located within public right -of -way and /or dedicated easements. (3) The Storm Water Utility shall fund the operation, maintenance, repair, and replacement of the storm water system. (4) The Storm Water Utility shall not be used to fund expansion of the system to accommodate new development. (5) The city shall, as part of its annual budget process, adopt an operating budget for the Storm Water Utility for the next fiscal year. The operating budget shall be prepared in conformance with the state budget law, city policy, and generally accepted accounting practices. § 404.02 DEFINITIONS Utility Factor. 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 (NRCS) "Type B" soil conditions. Storm Water Utility Fee. The annual charge developed for each parcel of land. The fee will be billed quarterly for properties that currently pay for City sanitary sewer and /or water. The fee will be billed annually for properties that do not have City sanitary sewer and /or water. Annual Utility Revenue. The revenue amount equal to 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. The Annual Utility Revenue and resulting Storm Water Utility Fee shall be established for a period of time as set by City Council ordinance. § 404.03 STORM WATER MANAGEMENT FACTOR The utility factors for various land uses used to determine the Storm Water Utility Fees are assigned as follows: Table 1 Utility Factors for Various Land Uses Land Use Utility Factor Single Family Residential 1.00 Townhomes /Condos 1.49 High Density 3.30 Industrial 4.01 Institutional 4.01 Commercial 5.14 Parks /Open Space /Cemeteries EXEMPT Road Right -of -Way EXEMPT Lakes /Streams/VVetlands EXEMPT Undeveloped EXEMPT § 404.04 STORM WATER UTILITY FEES The Storm Water Utility Fee shall be established for a period of time as set by City Council Ordinance. The Storm Water Utility Fee shall be determined by first quantifying 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 calculating 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. Condos and townhomes will be charged on a per unit basis. § 404.05 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 by City Staff. § 404.06 EXEMPTIONS The following land uses are exempt from the Storm Water Utility Fee: Public Road 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. Public parkland and open spaces shall be exempt from all charges. Agricultural and /or Rural properties that have not been improved or modified with roads and /or structures shall be exempt. Municipally owned properties shall be exempt. Vacant land shall be exempt. § 404.07 PAYMENT OF FEE Storm Water Utility Fees shall be billed quarterly except for properties that are not connected to City sanitary sewer and /or water system, which will be billed annually. 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. § 404.08 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 reviewed. § 404.09 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. § 404.10 CERTIFICATION OF PAST DUE FEES ON TAXES If any three consecutive Storm Water Utility Fees have not bden paid when due, then a penalty as set forth in Section 404.09 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. 1.0 City of Lino Lakes Storm Water Utility Proposed City Policy 1.1 Policy Statement All properties within the City of Lino Lakes, except those specifically identified as exempt in Section 404 of City Code, shall contribute to the Storm Water Utility in an amount proportional to the runoff contributed by each particular parcel. 1.2 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 served by the downstream facilities 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 Indices (CN) - The runoff indices for the property classifications are as follows: Table 1 Runoff Indices Land Use Runoff Index (CN) Residential 70 Townhomes /Condos 77 High Density 85 Industrial 88 Institutional 88 Commercial 92 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 where S = (1000 /CN) - 10 and P = 2" 1.3 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 November 1st of the year prior to the year in which the credit is to be considered. An operation and maintenance agreement between the parcel owner and the City is required prior to receiving a credit on the Storm Water Utility Fee. Single Family Residential Residential Rain Garden — Single family residential parcels can receive a 50% credit for implementation and maintenance of a residential rain garden or comparable best management practice (BMP). The rain garden or BMP must accept runoff from public property and reduce the amount of runoff entering the storm system, and the City must review and approve the residential rain garden or BMP prior to receiving a credit on the Storm Water Utility. Industrial, Institutional, Commercial, and Multi - Family The following credits can be applied for only by Industrial, Institutional, Commercial, and Multi- Family property owners. A maximum 50% credit can be obtained for each parcel, consisting of a maximum 25% credit for rate control practices and a maximum 25% credit for water quality /volume control practices. Storm Water Rate Control — An individual parcel may receive a credit, if it can be demonstrated that the individual parcel has storm water management facilities in place that reduce peak flow rates to the predevelopment 100 year rate. A maximum fee reduction of 25% can be obtained for this practice. Water Quality and Volume - Parcels having facilities constructed specifically for the purpose of phosphorous removal and /or volume control may be eligible for a credit. The credit will be based on the volume and estimated phosphorus removal efficiency of the facility in accordance with Table 2. Table 3Table 2B Water Quality and Volume Control Credit On -site Volume Control Depth (inches) Estimated Annual Phosphorous Removal ( %) Credit ( %) 0.5 40 10 1.0 60 15 2.0 92 23 2.8 100 25 The property owner shall provide the calculations demonstrating the phosphorus removal efficiency and /or volume reduction of the facility. The total credit for water quality and volume shall be equal to the percentage from Table 2. A maximum fee reduction of 25% can be obtained for this practice. 1.4 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. WS — Item 5 WORK SESSION STAFF REPORT Work Session Item 5 Date: Council Work Session, September 7, 2010 To: City Council From: Michael Grochala Marty Asleson Re: Illicit Discharge, Detection and Elimination Background Questions concerning other state laws that might supersece the need for a local Illicit Discharge Ordinance surfaced at the work session prior to the council meeting on the 25th of September. Under the requirements of the National Pollutant Discharge Elimination System (NPDES) Phase 2 legislation the city must pass an ordinance or other regulatory mechanism to regulate, inspect and enforce illicit discharges into the storm water system. At the work session, an oil spill was used as an example of an illicit discharge. In this case there is other state legislation that makes it illegal to place oil in solid waste, apply used oil as a dust suppressant, or for road treatment, or otherwise place used oil on land or around waters of the state, including wastewater and stormwater collection systems. A copy of Minnesota Rules Chapter 7045.0845 containing this requirement is attached. While this rule covers oil it does not cover other elements that when placed in the storm water system would be considered an illicit discharge. Additionally, the specific requirements of the NPDES permit require the city to develop, implement, and enforce a program. In other words while the state has created a law to prohibit spilling of oil it has also created a law that requires cities to regulate oil and other discharges. Cities are political subdivisions of the state and gain their authority from the state. In many cases laws adopted by the state require the city to carry out enforcement. In other circumstances it is simply different bodies of law that overlap. Council Direction 1. None required. 2nd Reading of Ordinance No. 10 -10 is scheduled for the September 13, 2010 council meeting. Attachments 1. Ordinance 10 -10 2. MPCA Storm Water General Permit 3. Mn Rule 7045.0845 1 1st Reading: Publication: 2nd Reading: Effective: Council Member moved for adoption of the following ordinance: CITY OF LINO LAKES ORDINANCE NO. 10 -10 AN ORDINANCE REGULATING DISCHARGES INTO THE STORM SEWER SYSTEM OF THE CITY OF LINO LAKES The City Council of the City of Lino Lakes hereby ordains: Section 1. Chapter 405 of the City Code is hereby established as follows: REGULATION OF DISCHARGES INTO THE STORM SEWER SYSTEM § 405.01 PURPOSE. The purpose of this subdivision is to promote, preserve and enhance the natural resources with the city and protect them from adverse effects occasioned by non -storm water discharges into the stormwater system of the city by regulating discharges that would have an adverse and potentially irreversible impact on water quality and environmentally sensitive land. § 405.02 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. BEST MANAGEMENT PRACTICE (BMP). Erosion and sediment control, water quality, and permanent storm water management practices that are the most effective and practicable means of controlling, preventing, and minimizing the degradation of surface water, including construction- phasing, minimizing the length of time soil areas are exposed, prohibitions, and other management practices published by state or designated area -wide planning agencies. DISCHARGE. Adding, introducing, releasing, leaking, spilling, casting, throwing, emitting any pollutant, or placing any pollutant in a location where it is likely to pollute waters of the state in the city. EROSION. The process by which ground surface is worn away by action of wind, water, ice, or gravity. GROUNDWATER. Water contained below the surface of the earth in the saturated zone including, without limitation, all waters whether under confined, unconfined, or perched conditions, in near surface unconsolidated sediment or regolith, or rock formations deeper underground. MPCA. Minnesota Pollution Control Agency. MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4). The system of conveyances (including sidewalks, roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man -made channels, or storm drains) owned and operated by the city and designed or used for collecting or conveying storm water, and which is not used for collecting or conveying sewage. NPDES. The National Pollutant Discharge Elimination System; the program for issuing, modifying, revoking, reissuing, terminating, monitoring, and enforcing permits under the Clean Water Act ( §§ 301, 318, 402 and 405) and 33 C.F.R. §§ 1317, 1328, 1342 and 1345 authorizing the discharge of pollutants to water of the United States. PERSON. Any individual, firm, corporation, partnership, franchise, association or governmental entity. POLLUTANT. Any substance which, when discharged has potential to or does: interfere with state designated water uses; obstruct or cause damage to waters of the state; change water color, odor, or usability as a drinking water source through causes not attributable to natural stream processes affecting surface water or subsurface processes affecting groundwater; add an unnatural surface film on the water; adversely change other chemical, biological, thermal, or physical conditions, in any surface water or stream channel; degrade the quality of ground water; or harm human life, aquatic life, or terrestrial plant and wildlife. POLLUTANT includes, but is not limited to, dredged soil, construction waste,_solid waste, incinerator residue, garbage, wastewater, wastewater sludge, chemical waste, biological materials, radioactive materials, rock, sand, dust, industrial waste, sediment, nutrients, toxic substance, pesticide, herbicide, trace metal, automotive fluid, petroleum -based substance, and oxygen- demanding material. POLLUTE. To discharge pollutants into.waters of the state. POLLUTION. The direct or indirect distribution of pollutants into waters of the state. PROHIBITED CONNECTION. Either of the following: (1) Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system including any non -storm water discharge including sewage, process wastewater, and wash water and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency; or (2) Any drain or conveyance connected from a residential, commercial or industrial land use to the storm drain system, which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency. STATE. The State of Minnesota. STATE DESIGNATED WATER USES. Uses specified in state water quality standards. STORM SEWER SYSTEM. A conveyance or system of conveyances that is owned and operated by the city or other entity and designated or used for collecting or conveying storm water. STORM WATER. Precipitation runoff, storm water runoff, snow melt runoff, and any other surface runoff and drainage as defined under Minn. Rule 7077.0105, subpart 41(b). SURFACE WATERS. All waters of the state other than ground waters, which include ponds, lakes, rivers, streams, tidal and nontidal wetlands, public ditches, tax ditches, and public drainage systems except those designed and used to collect, convey, or dispose of sanitary sewage. UNLAWFUL DISCHARGE. (1) A non -storm water discharge into the storm water system or a natural water, including but not limited to: (a) Debris or other materials such as grass clippings, vegetative materials, tree branches, earth fill, rocks, concrete chunks, metal, other demolition or construction materials, or structures; (b) The disposal or misuse of chemicals or any other materials that would degrade the quality of waters within the system, including, but not limited to chemicals (fertilizers, herbicides, pesticides, and the like) or petroleum based products (gasoline, oil, fuels, solvents, paints, and the like); (c) Erosion and sediment originating from a property and deposited onto city streets, private properties or into the storm water conveyance system, including those areas not specifically covered under an approved storm water management plan or storm water permit; and /or (d) Failure to remove sediments transported or tracked onto city streets by vehicles or construction traffic within 24 hours of it being deposited on the street. (2) For the purposes of this section, UNLAWFUL DISCHARGES do not include the following, unless information is available to indicate otherwise: water line flushing; landscape irrigation; diverted stream flows; rising ground water; uncontaminated ground water infiltration; uncontaminated pumped ground water; discharges from potable water sources; foundation drains; air conditioning condensate; irrigation water; springs; water from crawl space pumps; footing drains; lawn watering; individual residential car washing; flows from riparian habitats and wetlands; de- chlorinated swimming pool discharges and street wash water. (Ord. XX -10, passed x -x -xxxx) § 405.03 PROHIBITIONS. (1) No person shall throw, deposit, place, leave, maintain, or keep or permit to be thrown, deposited, placed, left, maintained or kept, any refuse, rubbish, garbage, or any other discarded or abandoned objects, articles, or accumulations, in or upon any street, alley, sidewalk, storm drain, inlet, catch basin conduit or drainage structure, business place, or upon any public or private plot of land in the city, so that the same might be or become a pollutant, except in containers, recycling bags, or other lawfully established waste disposal facility. (2) No person shall intentionally dispose of grass, leaves, dirt, or other landscape debris into a water resource buffer, street, road, alley, catch basin, culvert, curb, gutter, inlet, ditch, natural watercourse, wetland, flood control channel, canal, storm drain or any fabricated natural conveyance. (3) No person shall cause any unlawful discharge to enter the municipal storm water system unless such discharge: (a) Consists of non -storm water that is authorized by an NPDES point source permit obtained from the MPCA; or (b) Is associated with fire fighting activities. (4) No person shall use any unlawful connection to intentionally convey non -storm water to the city storm water system. (Ord. XX -10, passed x -x -xxxx) § 405.04 PROPERTY MAINTENANCE. All owners or occupants of property within the city shall comply with the following good housekeeping requirements: (1) No person shall leave, deposit, discharge, dump, or otherwise expose any chemical or septic waste in an area where discharge to streets or the storm drain system may occur. This section shall apply to both actual and potential discharges. (2) No person shall store objects, such as motor vehicle parts, containing grease, oil or other hazardous substances, and unsealed receptacles containing hazardous materials, in areas susceptible to runoff or discharge to a storm water system. (3) No person shall place any machinery or equipment that is to be repaired or maintained in areas susceptible to runoff Said machinery and equipment shall be placed in a confined area to contain or collect leaks, spills, or discharges without discharge to the storm water system. (4) Debris and residue shall be removed, as follows: (a) Fuel and chemical residue or other types of potentially harmful material, such as animal waste, garbage or batteries, which are located in an area susceptible to runoff, shall be removed as soon as possible and disposed of in an appropriate manner. (b) Household hazardous waste shall be delivered to an approved collection site for disposal. (5) Water from swimming pools shall not be discharged into the storm water system until a minimum of seven days has passed since the addition of chemicals to the water. (6) Runoff of water from residential property shall be minimized to the maximum extent practicable. Runoff of water from the washing down of paved areas in commercial or industrial property is prohibited unless necessary for health or safety purposes and not in violation of any other provisions of the city code. (7) Mobile washing companies (carpet cleaning, mobile vehicle washing, etc.) shall dispose of wastewater to the sanitary sewer. Wastewater shall not be discharged where drainage to streets or the storm sewer system may occur. (Ord. XX -10, passed x -x -xxxx) § 405.05 NPDES PERMITS COMPLIANCE. Any person subject to an industrial activity NPDES storm water discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the city prior to allowing discharges to the storm sewer system. All facilities that have storm water discharges associated with industrial activity which are, or may be, the source of an unlawful discharge shall be required to implement, at their expense, additional structural and nonstructural BMPs to prevent the further discharge of pollutants to the storm sewer system. Such BMPs shall be part of a storm water pollution prevention plan (SWPPP) for compliance with requirements of the NPDES permit. (Ord. XX -10, passed x -x -xxxx) § 405.06 PROHIBITED DISCHARGE, ACTION REQUIRED. Not withstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected unlawful discharge into the storm sewer system or waters of the state, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of the release of hazardous materials said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of non - hazardous materials, said person shall notify the city no later than the next business day. (Ord. XX -10, passed x -x -xxxx) § 405.07 ENTRY UPON PRIVATE PROPERTY. (1) The city engineer and other duly authorized employees of the city, bearing proper credentials and identification, shall at reasonable times be permitted to enter upon all properties for the purpose of inspection, observation, measurement, sampling and testing in connection with the operation of the municipal storm sewer system. Except in emergency situations, no inspection shall occur without the permission of the owner. (2) If the city has been refused access to any part of the premises from which storm water is discharged, and is able to demonstrate probable cause to believe that there may be a violation of this section, or that there is a need to inspect and /or sample as part of a routine inspection and sampling program designed to verify compliance with this section or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, the provisions of § 101.14 governing administrative search and seizure warrants shall be followed. (Ord. XX -10, passed x -x -xxxx) § 405.08 SUSPENSION OF STORM SEWER SYSTEM ACCESS. (1) Suspension due to unlawful discharges in emergency situations. The city may, without prior notice, suspend storm sewer system discharge access to a person when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent or substantial danger to the environment, or to the health or welfare of persons, or to the storm sewer system or waters of the state. If the violator fails to comply with a suspension order issued in an emergency, the city may take such steps as deemed necessary to prevent or minimize damage to the storm sewer system or waters of the state, or to minimize danger to persons. (2) Any person discharging to the storm sewer system in violation of this chapter may have the person's storm sewer system access terminated if such termination would abate or reduce an unlawful discharge. A person commits an offense if the person reinstates storm sewer system access to premises terminated pursuant to this section, without the prior approval of the city. (Ord. XX -10, passed x -x -xxxx) § 405.09 ENFORCEMENT. (1) Notice of violation. Whenever the city finds that a person has violated a prohibition or failed to meet a requirement of this section, the city may order compliance by written notice of violation to the responsible person. Such notice may require without limitation: (a) The performance of monitoring, analyses, and reporting; (b) The elimination of unlawful connections or discharges; (c) That violating discharges, practices, or operations shall cease and desist; (d) The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property; (e) Payment of a fine to cover administrative and remediation costs; and (f) The implementation of source control or treatment BMPs. (2) If abatement of a violation and /or restoration of affected property are required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that should the violator fail to remediate or restore within the established deadline the work will be done by a designated governmental agency or a contractor and the expense thereof shall be charged to the violator. (3) If the invoice received for abatement and /or restoration is not paid within 30 days, the city may draw the amount of the bill from any financial guarantees the city may hold or may assess the property from which the offense originated. After notice and hearing as provided pursuant to M.S. § 429.061, the City Council may then spread the charges against the property benefitted as a special assessment under M.S. § 429.101 for certification to the county auditor and collection along with the current taxes the following year or in annual installments not exceeding ten as the Council may determine in each case. (Ord. XX -10, passed x -x -xxxx) Section 2. Effective Date This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter. Jeff Reinert, Mayor Attest: Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this day of , 2010. The motion for the adoption of the foregoing ordinance was duly seconded by Council Member and upon a vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said ordinance was declared duly passed and adopted. 1 of 33 Permit No: MNR040000 Minnesota Pollution Control Agency ..0•■■•■■ ■/ GENERAL PERMIT AUTHORIZATION TO DISCHARGE STORM WATER ASSOCIATED WITH MUNICIPAL SEPARATE STORM SEWER SYSTEMS UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM/STATE DISPOSAL SYSTEM PERMIT PROGRAM EFFECTIVE DATE: June 1, 2006 EXPIRATION DATE: May 31, 2011 In compliance with the provisions of the Clean Water Act, as amended, (33 U.S.C. 1251 et seq.; hereinafter, the "Act "), 40 CFR 122, 123, and 124, as amended, et seq.; Minnesota Statutes Chapters 115 and 116, as amended, and Minnesota Rules Chapter 7001. This permit establishes conditions for discharging Storm Water and specific other related discharges to Waters of the State. This permit is required for discharges that are from Small Municipal Separate Storm Sewer Systems, as defined in this permit. Upon approval by the Commissioner applicants who submit a completed application in accordance with the requirements of this permit, are authorized to discharge Storm Water from Small Municipal Separate Storm Sewer Systems, under the terms and conditions of this peprit. Signature: Sheryl A. Corrigan Commissioner Minnesota Pollution Control Agency Issuance Date: 3/31 °4 If You have questions on this permit, including the specific permit requirements, permit reporting or permit compliance status, please contact the appropriate Minnesota Pollution Control Agency offices. Storm Water Management Unit Storm Water Section Municipal Division Minnesota Pollution Control Agency 520 Lafayette Road North St. Paul, MN 55155 -4194 Phone (651) 296 -6300, or Toll free in MN 800 - 657 -3864 Fax (651) 297 -2343 10 of 33 Permit No: MNR040000 MS4, and shall make available a copy of the notice to the Agency, the appropriate city and county officials, and all other Persons who have requested that they be informed of public meetings for the Storm Water Pollution Prevention Program. 4) Joint meetings. You may consolidate two or more matters, issues, or related groups of issues, or hold joint MS4 public meetings with other permittees to meet the requirements of this part. These public meetings may be part of a larger public meeting, such as a city council meeting, provided that adequate public notice and opportunity to participate is provided. 2. Public participation /involvement. You must select and implement a program of appropriate BMPs and measurable goals for this minimum control measure consisting of, at minimum: a. You must comply with applicable public notice requirements of Part V.G.1.e.2 when implementing the provisions of the Storm Water Pollution Prevention Program. b. You must solicit public input and opinion on the adequacy of the Storm Water Pollution Prevention Program, including input from the public meeting, described in Part V.G.1.e, each year prior to submittal of the annual report to the Commissioner, which is described in Part VI.D. 1) You must afford interested Persons a reasonable opportunity to make oral statements concerning the Storm Water Pollution Prevention Program. 2) You must consider timely, relevant written materials that interested Persons submit concerning the Storm Water Pollution Prevention Program. 3) You may establish procedures and processes for each speaker's presentation, require speakers with similar views to select a spokesperson, specify the timing and format of written materials, or make similar rules to help ensure an opportunity for full and fair consideration of all views. c. You must consider the public input, oral and written, to the Storm Water Pollution Prevention Program and shall make adjustments You find appropriate. 3. Illicit discharge detection and elimination. You must develop, implement, and enforce a program to detect and eliminate illicit discharges as defined at 40 CFR § 122.26(b)(2) into your Small MS4. You must also select and implement a program of appropriate BMPs and measurable goals for this minimum control measure consisting of, at minimum: 1 REVISOR 7045.0845 7045.0845 PROHIBITIONS ON DISPOSAL OF USED OIL. Subpart 1. Land disposal and land application prohibition. No person shall place used oil in solid waste, apply used oil as a dust suppressant or for road treatment, or otherwise place used oil in or on the land or waters of the state, including wastewater and stormwater collection systems, except as provided in part 7045.0820 or unless approved by the commissioner. Subp. 2. Burning limitations. Persons shall burn off- specification used oil fuel in only the following devices: A. industrial furnaces identified in part 7045.0020, subpart 43b; B. boilers, as defined in part 7045.0020, subpart 6a, items C and D, or used oil -fired burning units provided the burner meets the requirements of part 7045.0855, subpart 3; C. hazardous waste incinerators subject to regulation under parts 7045.0542 and 7045.0640; or D. marine and diesel engines. Statutory Authority: MS s 116.07 History: 20 SR 715 Posted: July 13, 2009 Copyright ©2009 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. WS — Item 6 WORK SESSION STAFF REPORT Work Session Item 6 Date: Council Work Session, September 7, 2010 To: City Council From: Michael Grochala Re: Comprehensive Plan Review Background The City Council reviewed proposed changes to Land Use and Housing chapters of the draft 2030 Comprehensive Plan at the August 11, 2010 work session. The council proposed the following changes: • Chapter 3, Land Use Plan (pages 26 -27). Modification of the proposed statement within the Growth Management Policy establishing an annual average of 230 new residential dwelling units per year. The council reduced the maximum number of residential units allowed in any one year The proposed language now reads: "The City will plan to accommodate an annual average of 230 units per year over each 5 year phasing period not to exceed 345 units in any one year. At the end of the 5 year phasing period unallocated units will be averaged out over the next five year phase." • Chapter 4, Housing Plan (pages 10 -11). No additional changes were proposed. The proposed Land Use Plan changes are intended to address council concerns regarding establishment of hard growth cap, providing development flexibility, managing pace of growth, and maintaining even grow from year to year while still accommodating the growth forecasts. Upon final approval of the Comprehensive Plan the city's existing Growth Management ordinance would be amended to incorporate these changes. Staff submitted the proposed language to Metropolitan Council staff for preliminary review on August 25, 2010. The City has been informed that the proposed modifications would not change Metropolitan Councils official review of the plan. Therefore the proposed changes would not require additional review and approval by the Metropolitan Council. However, it was noted that the proposed changes to the Housing Chapter has the potential to prevent the City from participating in the Livable Communities Act program. Staff believes adoption of the resolution electing to participate in the LCA program will negate this concern. Staff is confirming with Metropolitan Council staff. 1 Council Direction 1. Staff is requesting council direction to place adoption of the 2030 Comprehensive Plan on an upcoming City Council meeting agenda for consideration. 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. I The 2889 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. 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 discemable 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. Include standards in subsequent ordinance updates to ensure quality development that minimizes negative impacts on natural and cultural features of the community. 9♦10. The City will plan to accommodate an annual average of 230 units per year over each 5 year phasing period not to exceed 345 units in any one year. At the end of the 5 year phasing period unallocated units will be averaged out over the next five year phase. 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 3 -27 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 2007 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 e+ities To provide apperttiftities 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 millet( integrate affordable housing in all residential land use districts. These regulatory measures represent one of the City's most effective tools eage- 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 ta- premete the development of life -cycle and affordable housing across the city. The city's future land use plan can accommodate the goal of 560 High Density and Mixed Use units at a minimum density of 7 units per net acre by 2020;. whielt will greatly ` a€fordable and--#ife eyele #►easing ift-the teniffitiftity. 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,, stieh-as-Feiaxing setback afd- green ai ea-regttirement incrcasing density-; -eF redueing fces. Acknowledging the regional housing goals established by the Metropolitan Council does not commit the City of Lino Lakes to provide fundingfor 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 WS – Item 7 WORK SESSION STAFF REPORT Work Session Item 7 Date: September 7, 2010 To: City Council Jeff Smyser / Re: Continuing Participation in Livable Communities Programs Background The City Council discussed this item previously at the work session prior to the regular meeting on August 23. The Council desired additional discussion. Lino Lakes has participated in the Livable Communities Act (LCA) programs since 1995 and has benefited from four grants totaling $1,645,000. Participation includes the adoption of goals. The initial goal period ran 1996 -2010. To continue to participate in the LCA program, the City would establish new goals for the next ten years (2011- 2020). Continuing with the program continues the City's eligibility for future grants —which is consistent with the City Council's direction to pursue additional grant funding. The old goals were adopted by the Lino Lakes City Council and appear in the existing comprehensive plan that was approved in 2002. The old and new goals cannot be compared directly for two reasons. First, the old goals covered 15 years and the new goals would cover 10 years. Second, the old goals were percentages applied to the forecasted new dwelling units but the new goals would be a range of new dwelling units, not a percentage. Because of these differences, the old and new goals are compared below by showing the annual averages. The draft new comprehensive plan housing chapter states that the affordable housing goal for the city is 560 new affordable units. The new LCA goal foraffordable units is a range of 364 to 560. "Lifecycle" is not the same thing as "affordability ", and the LCA lifecycle goal is different from the affordability goal. The land use map in the new comprehensive plan accommodates these new goals, so the goals are consistent with the new comprehensive plan. Requested Council Direction Staff requests direction regarding putting the LCA goals resolution on the City Council agenda for adoption on September 13. Old Goals Compared to New Goals: Annual Averages 2030 Comprehensive Plan NEW GOALS 2011 — 2020 dwelling unit range (10 years) 560 to 1,860 56 to 186 364 to 560 36 to 56 2002 Comprehensive Plan OLD GOALS 1996 — 2010 as number of dwelling units (15 years) kr) G o b M 11 c� 00 1 0 Lifecycle (attached units) annual average* Affordability annual average* *Annual averages are shown for comparison purposes only: no annual averaging is required by the goals. Old Goals (Complete) and New Goals NEW GOALS 2011 — 2020 unit range (10 years) Life Cycle 0 oc 0 0 no owner /renter category in new goals Affordability 364 to 560 no separate ownership category in new goals no separate renter category in new goals no density categories in new goals OLD GOALS Met Council 1996 -2010 exptrapolation using (15 years) forecasts of X3000 Goals explanation new housing units Life Cycle Type (non- single 35% 35% of all new housing will 1052 family detached) be attached units Owner /Renter 85/15% 85% of all new housing will 2554 Mix be owner - occupied, 15% of all new housing will 451 be rental 1 Affordability Ownership 65% 65% of new owner units 1660 will meet affordability test Rental 25% 25% of new rental units will 113 meet affordability test y4' z co C Single Family 2.3 /acre SF detached units to be 2.3 Detached units /acre Multiple Family 10- attached units to be 10 -12 12 /acre units /acre WS — Item 8 WORK SESSION STAFF REPORT Work Session Item 8 Date: September 7, 2010 To: City Council From: Mary Alice Divine Re: Traffic Signal Referendum Communication Plan Background The traffic signal referendum will be on the ballot November 2. The city council has generally taken steps to educate and inform voters before a referendum. Residents will be interested in knowing the amount of increase in taxes (based on market value), and the background information regarding the need for the signals. Standard methods of communication are the city newsletter and website, press releases to local newspapers, public access television and if needed, a•public information meeting. However, when the newsletter's publication date does not coincide with a timely issue, a separate brochure is usually mailed to residents. The cost of printing and mailing a standard tri -fold flyer is in the range of $2,400 if it is done in- house. Another method that could be employed is a sign making people aware of the referendum placed at the two intersections. The people using these intersections may be the ones most interested in expressing their approval /disapproval through referendum. Cost of two, 2- color, 2- sided, 4x8 signs is in the range of $900 uninstalled and $1500 installed. Schedule: Brochure: Residents should receive the brochure in the mail around October 22, or before a public meeting. The brochure could be complete for council review by the October 4 work session. Website The brochure and TKDA traffic studies can be placed on the website by mid October. Cable: Mike Grochala interviewed for CityScope News on Cable Channel 15 that will be played starting 3 times per day for a week. A clip of that interview will be rebroadcast on Cable Channel 16 regularly until the election. 1 Public Information meeting: Held the week before the election. Press releases will be sent out to meet newspaper publication deadlines. Requested Council Direction Decide on the objectives of the communications plan and methods the council wants to use to inform residents. Brochure Website Cable Press Release Public Information Meeting Signs at intersections Attachment(s) None