HomeMy WebLinkAbout11/02/2009 Council PacketWORK SESSION AGENDA
CITY OF LINO LAKES
Monday, November 2, 2009
CITY COUNCIL WORK SESSION
Community Room (not televised)
5:30 P.M.
(A special city council meeting will precede the work session)
1. Ordinance language enabling reverse mortgages (oral report only)
2. Establishing 501(c)3 for Lino Lakes Volunteers in Police Services
Organization
3. Amending the Composition of the EDA
•
4. Zoning Ordinance Amendment - Home Occupations, Residential Parking,
and Exterior Storage (Regular Agenda Item)
5. (Low Impact Development) Bonestroo Professional Services Contract
6. Televising of City Meetings
Adjourn
•
PAGE 1
(o ?rvvrki,ct H C.D. "Piro -tbv-
l' y �t)c 12-oo�
November 4, 2009
Thomas J. Hartigan, Esq.
127 East County Road C, Suite 8
St. Paul, MN 55117
RE: Martha and John DeHaven
Our File No. 4021 -0001
R
R
M
Ratwik, Roszak & Maloney, P.A.
Dear Mr. Hartigan:
I am the City Attorney for Lino Lakes. On Monday evening at the Council work
session, Martha and John DeHaven appeared seeking assistance with their ongoing reverse
mortgage issue. Specifically, they are no long interested in obtaining the mortgage and would
like the Declaration of Protective Covenants that was filed with the County Recorder revoked
because it is now unnecessary and because it has become a problematic encumbrance on their
land. The discussion then turned to what such a revocation would look like and who would
draft it. The Council directed me to assist.
I drafted a Revocation of Protective Covenants for your review. Please discuss it with
the DeHavens and let me know if you have any questions or concerns.
Enc.
cc:
Ve u
oseph J. Lange
Michael Grochala, City of Lino Lakes (w /enc)
RRM: 136847
730 Second Avenue South, Suite 300, Minneapolis, MN 55402 • p (612) 339 -0060 •
Paul C. Ratwik
John M. Roszak
Patricia A. Maloney*
Terrence J. Foy*
Stephen G. Andersen **
Scott T. Anderson
Kevin J. Rupp
Jay T. Squires *t
Arm R. Goering
Nancy E. Blumstein*
Joseph J. Langel*
Michael J. Waldspurger*
Margaret A. Skelton
Amy E. Mace
Eric J. Quiring
Erin E. Ische
Andrea N. Amidon
Christian R. Shafer
Trevor S. Helmers
Matthew J. Bialick
Tessa S. Kowalski
f (612) 339 -0038 • www.ratwiklaw.com
* Also admitted in WI
** Civil Trial Specialist
Certified by the MN
State Bar Association
t Real Property Specialist
Certified by the MN
State Bar Association
REVOCATION OF PROTECTIVE COVENANTS
Whereas, Ivlartha R. DeHaven and John D. DeHaven (collectively, the
"Declarants ") are fee owners of that part of the NW 1/4 of the SW 1/4 of Section 26,
Township 31, Range 22, Anoka County, Minnesota as specifically described on the
survey map attached hereto as Exhibit A ( "the Property "); and
Whereas, the Declarants sought to split the Property into two parcels for financing
purposes only; and
Whereas, the City of Lino Lakes required that a declaration of covenants be
recorded prohibiting transfer of either of the two parcels unless they are re- combined to
make one parcel; and
Whereas, the Declarants recorded a Declaration of Protective Covenants to that
effect with the Anoka County Recorder, document number 2166236; and
Whereas, the split of the Property was never completed and is no longer necessary,
thus rendering the Declaration of Protective Covenants moot; and
Whereas, Declarants wish to remove the encumbrance upon the Property caused
by the Declaration of Protective Covenants; and
Whereas, Declarants are the sole owners of the Property and the sole beneficiaries
of the Declaration of Protective Covenants, and thus have full authority to revoke the
Declaration of Protective Covenants;
Now, Therefore, the Declarants hereby declare that the Declaration of Protective
Covenants, recorded as document number 2166236, is revoked in its entirety and is no
longer of any force and effect.
The above Revocation is hereby adopted this day of November, 2009.
STATE OF MINNESOTA )
)
COUNTY OF )
ss.
Martha R. DeHaven
John D. DeHaven
The foregoing was acknowledged before me this day of November, 2009, by
Martha R. DeHaven and her husband, John D. DeHaven.
This instrument drafted by:
Ratwik, Roszak & Maloney, P.A.
730 2nd Ave. S., Suite 300
Minneapolis, MN 55402
(612) 339-0060
(JJL)
2
Notary Public
61 +A., II It; /2,2oy
REMOVAL OF PROTECTIVE COVENANTS
THIS DECLARATION is made and declared by Martha R. DeHaven, owner in fee
simple of Parcels A and B and John D. DeHaven, her husband.
WHEREAS, said parties created a Declaration of Protective Covenants restricting the
future transfer of either Parcel A or Parcel B separately; said parcels being legally described in
Exhibit A hereto attached, and,
WHEREAS, said Declaration of Protective Covenants was dated November 21, 2008 and
recorded with the County Recorder, Anoka County, Minnesota as Document No. 2004713.001
on January 2, 2009, and
WHEREAS, it is the wish of said parties, with the consent of the City of Lino Lakes, a
municipal corporation under the laws of Minnesota, to remove and cancel said restrictions on all
future transfers, conveyances and encumbrances affecting Parcel A and Parcel B as herein
described.
NOW THEREFORE, in consideration of their mutual covenants the parties and the City
of Lino Lakes agree that the restrictions imposed on said parcels by Document No. 2004713.001
are hereby removed and canceled.
This Declaration of Removal was adopted by the above named Declarants on this
day of November, 2009 with the consent and approval of the City of Lino Lakes, a municipal
corporation.
Martha R. DeHaven
John D. DeHaven
State of Minnesota )
) ss
County of Ramsey )
The foregoing was acknowledged before me this
g g g day of November, 2009 by
Martha R. DeHaven and John D. DeHaven her husband.
JULIANNE M. BARTER
NOTARY PUBLIC - MINNESOTA
My Commission Exphes Jan. 31, 2011
CITY OF LINO LAKES CONSENT AND APPROVAL
The removal of protective covenants pertaining to Parcels A and B previously recorded
as Document No. 2004713.001 is hereby approved.
This instrument draft by:
Thomas J. Hartigan
Attorney at Law (Reg. No. 41804)
127 East County Road C
St. Paul, MN 55117
City of Lino Lakes
BY: /w (a.,K e. B 4C(
C-f 1
•
•
WS — Item 2
WORK SESSION STAFF REPORT
Work Session Item 2
Date: November 2, 2009
To: City Council
From: Mary Divine
Re: Amending the composition of the EDA
Background
In July the city council met with EDAC. EDAC brought up the topic of including
representation of EDAC members on the EDA. Council members agreed to
consider this modification of the EDA to provide greater communication between
the city council and EDAC, and to allow people within the community with
business expertise to serve in that capacity.
The EDA was originally formed on June 11, 1990. The enabling resolution that
was passed specifies the powers which are granted to or withheld from the EDA.
The Lino Lakes enabling resolution imposes very few limits on the EDA's power
and does not generally require city council approval of any EDA action. It
transfers the authority and operation of Economic Development Districts and Tax
Increment Financing Districts from the city to the EDA. It also sets up the EDA to
be governed by a board of commissioners consisting of the city council
members. The terms of the commissioners are to coincide with the terms of
office.
Purpose of an EDA
Attached is a memo from Steve Bubul of Kennedy & Graven explaining the
purpose of an EDA. The city and the EDA are separate legal entities. An EDA is
usually established because it has more flexibility and legal authority regarding
some economic development matters than a city. An EDA can undertake projects
with potential liability and only expose the assets of the EDA rather than the
assets of a city.
Composition of an EDA
There are three choices within Minnesota Statutes for the size and makeup of the
EDA:
a) 3 members, in which case at least 1 must be a member of the city council.
1
b) 5 members, in which case at least 2 must be members of the city council.
c) 7 members, in which case at least 2 must be members of the city council.
Further, an enabling resolution may provide that more than the minimum required
council members serve as commissioners, or it may provide that the entire board
is made up of city council members, as is the case in Lino Lakes.
The most likely options for amending the makeup of the EDA are:
1. Add 2 citizens, to make it a 7- member board (including the full council)
2. Keep the board size at 5, but remove 1 or 2 council members, replacing
them with citizen appointees, but keeping council members in the majority.
3. Increase the size to 7, but remove 1 council member - -so it is made up of 4
council members and 3 citizens, again a council majority.
4. There are also models that make the elected officials not the majority.
They would be: keeping the board at 5 but remove 3 council members;
increasing the board to 7 and remove 2 or 3 council members (so it's 4
citizens and 3 council, or 5 citizens and 2 council). If this model is used the
enabling resolution usually requires that virtually every action of the EDA
must come back to the council for approval.
5. Appoint non - voting representative(s) of EDAC to participate on the EDA.
If the city decides to reduce the number of council members on the EDA, the
individual members who leave the board must do so voluntarily. There is an
argument that if a majority of the council votes to change the EDA board
makeup, and a minority council member doesn't want to leave the EDA board,
that member might claim that he or she is being removed from the EDA without
cause.
The general rule is that the terms of appointed citizens on the EDA are 6 years,
and the terms of council- members are the same as their term on the
council. When you have a mixture of council and citizens, there are rules that say
initial citizen appointees have staggered terms. That is a detail that can get
worked out once you decide what your board makeup will be.
According to Mr. Bubul, there are pros and cons to having citizen members on
your EDA. The benefit of getting appointed citizens on the EDA is that they can
bring additional knowledge and expertise, and can demonstrate to the community
that there is citizen buy -in on projects. They can help the city council sell the
benefits of a project to the community. On the other hand, with the addition of
appointed members, the EDA can develop different agendas from the council
(which, in some cities, has lead to a council decision to take over the EDA
again). Council would need to determine if it was going to select its EDA
members from EDAC appointments only, or open the selection up to the citizens
at large, as it does with other appointed positions. Also, having the Council serve
as the EDA makes the development process a bit more efficient since you don't
•
• need to schedule a separate meeting with different people for everything —you
can just tack an EDA meeting onto a regular council meeting.
•
•
Mr. Bubul's comments note that when non - council members are added to an
EDA, the common practice is to add limitations on the EDA's activities.
Generally, these are protections to ensure that the council has final control of
financial decisions.
In research conducted regarding the composition of other cities' EDAs, the
results are mixed. However, it appears, after contacting several cities which had
non - elected commissioners, that in general, those EDAs act more in an advisory
capacity than as an authority with powers separate from the city council.
EDAC Review
EDAC reviewed Mr. Bubul's comments at its October meeting. Two concerns
were raised: 1) that the council ensure appointed members of the EDA be
selected from EDAC; and 2) assurance that appointed EDA members could not
be individually sued without protection from the city. The city's insurance
representative reviewed the policy and assured staff that the city covers
appointed individuals on the EDA for liability.
Requested Council Direction
It is council prerogative how it would like to proceed. If it wishes to amend the
structure of the EDA, staff will have the attorney draft an amended enabling
resolution for your consideration. The EDA must submit to the council its
recommended modifications and request the city council hold a public hearing.
Attachment(s)
1. Memo from Steve Bubul
2. EDA Enabling Resolution #33 -90
3. Organizational Resolution of the EDA #02 -90
3
Kennedy
Graven
CHARTERED
TO:
FROM:
DATE:
RE:
470 US Bank Plaza
200 South Sixth Street
Minneapolis MN 55402
(612) 337 -9300 telephone
(612) 337-9310 fax
hup://www.kennedy-graven.com
MEMORANDUM
Mary Alice Divine
Stephen Bubul
August 28, 2009
EDA v City Powers
You asked me to explain the respective powers of the EDA and the City in economic
development matters. The general rule is that the Council decides, in the enabling
resolution, what actions the EDA may take with or without Council approval. See, for
example, Section 469.092, subdivision 1, which explains that the enabling resolution may
require prior City Council approval for almost any action of the EDA.
In the case of the Lino Lakes EDA, the original enabling resolution imposes very few
limits on the EDA's power, and does not generally require City Council approval of any
EDA action. Presumably, this is because the enabling resolution designates the City
Council itself as the board of commissioners, so requiring separate approval by the
Council was thought to be redundant.
So, under the current Lino Lakes enabling resolution, actions by the EDA require Council
approval only where some other statute requires it. A good example is tax increment
financing ( "TIF "). Under Minnesota Statutes, Sections 469.174 to 469.179 (the "TIF
Act'), the EDA may establish TIF districts, but only if the City Council holds a public
hearing, makes the required findings, and approves the TIF Plan.
But once the City Council has approved the TIF district, the City Council has no further
right to control what happens to the tax increment revenues or the development activities.
The EDA can enter into development contracts, buy and sell land, give pay -as- you -go
TIF Notes, and even issue tax increment revenue bonds, all without Council approval (so
long as everything the EDA does is within the scope of the Council- approved TIF Plan).
•
•
•
•
•
•
If a TIF project calls for issuance of general obligations bonds, where the City's full faith
and credit is pledged, then City Council action is required. In fact the City itself must
issue the bonds and the EDA pledges the tax increment revenue back to the City in order
to pay debt service.
Also, keep in mind that the City still has its own development powers. That is, the City
could create its own tax increment districts, and use development powers under the
development district statute (Section 469.124 to 469.134). The only difference is that for
TIF districts that have been created by (or transferred to the EDA), the Council no longer
has control.
Abatement under Sections 469.1812 to 469.1815, by contrast, is a power given only to
the City Council. The EDA may make recommendations, but it has no powers to actually
approve an abatement. Likewise, only the City can issue abatement bonds (as in the case
of the bonds issued for the YMCA).
If the enabling resolution were revised to include non - council members on the EDA
board, and the resolution were not otherwise revised, the EDA would have the authority
to buy and sell land, and use tax increment revenues (for districts approved by the City
Council) without Council action. Moreover, the Council would have no authority to
direct the EDA to spend or not spend EDA money or undertake certain actions (other
than by amending the enabling resolution again to take EDA powers away).
However, when non - council members are added to the EDA board, the common practice
is to add some limitations on the EDA's activities in the enabling resolution. The most
typical limitation is to require City Council approval for issuance of any bonds by the
EDA. But this is entirely a matter for the City Council to decide. I am aware of at least
one City where the EDA board has a majority of non - council members, and virtually all
EDA actions (including all land acquisitions and contracts) require prior Council
approval. That type of enabling resolution means the EDA functions more like an
advisory body.
More common is a limited set of actions requiring Council approval. Following is an
example of some limitations used by one City:
6.01. The following limits apply to the EDA and its operation:
(a) The sale of bonds or other obligations of the EDA must be approved
by the City Council.
(b) The EDA must follow the budget process for City departments in
accordance with City policies, ordinances, and resolutions and the City charter.
(c) Development and redevelopment actions of the EDA must be in
conformity to the City comprehensive plan and official controls implementing the
comprehensive plan.
(d) The EDA must submit its plans for development and redevelopment
to the City Council for approval in accordance with City planning procedures and
laws.
(e) Except when previously pledged by the EDA, the City Council may,
by resolution, require the EDA to transfer any portion of the reserves generated by
activities of the EDA that the City Council determines are not necessary for the
successful operation of the EDA to the debt service funds of the city to be used
solely to reduce tax levies for bonded indebtedness of the City.
(f) The administrative structure and management practices and policies
of the EDA must be approved by the City Council.
(g) The EDA shall submit all planned activities for influencing the
action of any other governmental agency, subdivision, or body to the City Council
for approval.
These limitations leave the EDA with the discretion to enter into development agreements or
buy and sell land, but within some City- approved parameters. How many limitations the
resolution requires might depend on whether the Council retains a majority on the EDA
board.
Let me know if you have further questions.
•
•
•
•
•
•
Member Bohi anen introduced the following resolution and moved its
adoption:
CITY OF LINO LAKES
RESOLUTION NO. 33 - 90
ENABLING RESOLUTION ESTABLISHING AN
ECONOMIC DEVELOPMENT AUTHORITY UNDER
MINNESOTA STATUTES SECTIONS 469.090
TO 469.108
WHEREAS, Minnesota Statutes Sections 469.090 through 469.108 (the "EDA
Act "), authorizes cities to establish an Economic Development Authority ( "EDA ")
with specified powers and obligations to promote and to provide incentives for
economic development; and
WHEREAS, the City Council of the City of Lino Lakes, Minnesota (the
"Council ") has determined that it is in the best interest of the City of Lino Lakes,
Minnesota (the "City ") to establish an EDA in order to preserve and create jobs,
enhance its tax base, encourage development and redevelopment, promote the
general welfare of the people of the City and assume primary responsibility for
development activities within the City; and
WHEREAS, the Council has provided public notice and conducted a public
hearing on June 11, 1990, concerning the establishment of an EDA and has fulfilled
all other legal requirements for the establishment of an EDA.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF LINO LAKES AS FOLLOWS:
1. The Lino Lakes Economic Development Authority is hereby established
pursuant to Section 469.091, Subd. 1 of the EDA Act.
2. The EDA shall have all of the powers, rights, duties and obligations
conferred on economic development authorities by Sections 469.090 to
469.108, including the powers of a city granted by the City Development
District Act, Minnesota Statutes Sections 469.124 through 469.134 and of
1
housing and redevelopment authorities granted by the Housing and
Redevelopment Authorities Act, Minnesota Statutes Sections 469.001
through 469.047, or other law.
3. It is the intention of the Council, by adoption of this enabling resolution, to
grant to the EDA the powers set forth in paragraph 2, while at the same
time leaving unaffected by this action all powers of the City of Lino Lakes.
Specifically, the City shall retain all powers necessary to carry out all
development activities not hereby transferred to the EDA.
4. The EDA shall have the power of eminent domain as set forth in Section
469.101, Subdivision 4 of the EDA Act and in Chapter 9, Eminent Domain, of
the City Charter.
5. The EDA shall be governed by a board of commissioners ( "Commissioners ")
consisting of the City Council members. The terms of the Commissioners
shall coincide with their terms of office as members of the Council in that
such term shall expire with the expiration of the Council term being served
at the time of their appointment.
6. In accordance with Section 469.100, Subdivision 2 of the EDA Act, the EDA
shall submit its budget annually to the Council for approval by the Council.
Within thirty (30) days of appointment of the first Board of Commissioners
of the EDA pursuant to paragraph 2 hereof, the Commissioners shall submit
for Council approval a temporary budget covering the period from the date
of such submittal until January 1, 1991. The EDA shall submit for approval
of the Council a proposed budget for the following full calendar year and
shall do so in accordance with Council directions. In addition, upon
submittal of its proposed annual budget to the Council, the EDA shall
provide the Council an account of its receipts and expenditures as required
by Section 469.100, Subdivision 4 of the EDA Act.
7. The city administrator for the City shall act as the Executive Director of
the EDA and, in such capacity, shall act at the direction of the
Co mmissioners.
8. The City Council or its designees (the "Administration ") may provide such
City staff to the EDA as the EDA may require; provided that the
Administration may require reasonable reimbursement by the EDA for costs
associated with the provision of such staff; and provided further that
nothing in this paragraph shall preclude the EDA from hiring such personnel
as the EDA may from time -to -time determine.
9. Each year, within sixty (60) days of the anniversary date of the first
adoption of this enabling resolution, the EDA shall submit to the Council its
report regarding recommended modifications, if any, of this enabling
resolution as provided in Section 469.093, Subdivision 3 of the EDA Act.
10. All financial books, records, accounts and reports of the EDA shall be
prepared, presented and retained by the finance department of the City,
2
•
•
•
•
•
which department shall have the responsibility for administering the
finances of the EDA as it does the finances of the City; provided that the
Administration may require reasonable reimbursement by the EDA for costs
associated with the provision of such services by the finance department.
11. There is attached hereto as Exhibit "A" a list of municipal development
districts created by the Council pursuant to Minnesota Statutes Sections
460.124 through 469.134 and tax increment districts created by the Council
pursuant to Minnesota Statutes Sections 469.174 through 469.179, or its
predecessors, the control, authority and operation of which are hereby
transferred to the EDA. The EDA shall accept the transfer of these
projects and districts and shall pledge to perform the terms, conditions and
covenants of all agreements outstanding with respect thereto.
12. With respect to the projects and districts transferred to the EDA from the
City, there is no litigation involving the City, no agreements to which the
City is a party nor real or personal property owned by the City.
13. The City shall appropriate and transfer to the EDA such funds as it deems
necessary from time to time to ensure that the EDA has adequate funds to
carry out its activities.
14. City officials and staff are hereby authorized and directed to execute such
deeds, assignments, requisitions, directives and agreements as may be
necessary and appropriate to carry out the terms, conditions and intensions
of this enabling resolution.
15. The EDA may request the City to levy a tax up to the maximum tax for the
benefit of the EDA as specifically set forth in Section 469.107 of the EDA
Act.
16. Nothing shall prevent the City from modifying this enabling resolution to
impose limits on the powers of the EDA or provide for other matters as
authorized in the EDA Act or other law.
17. This resolution shall become effective when the EDA holds its first meeting
and accepts the transfers herein described.
18. Notwithstanding any provision herein to the contrary, the authority granted
to the EDA pursuant to paragraph 2 above shall not be exercised until the
EDA has established an advisory board which shall be comprised of all of the
members of the City's Economic Development Commission.
3
Adopted by the City Council this 11th day of June , 1990.
/ ca'/
Harold L. Bisel, Mayor
ATTEST:
`
s..-----4 - (1-14-11-1A--, Girl/ "
yn G An erson, Clerk- Treasurer
The motion for the adoption of the foregoing resolution was duly seconded
by member Neal and upon vote being taken thereon, the following
voted in favor thereof: Neal, Bisel, Bohljanen
and the following voted against same: None
Whereupon said resolution was declared duly passed and adopted.
LN140 -12
4
•
•
•
•
•
EXHIBIT A
List of City Development District Projects and Tax Increment Financing Districts
transferred from the City to the Economic Development Authority of Lino Lakes
City Development Districts:
Development District No. 1
Tax Increment Financing Districts:
Tax Increment Financing District No. 1 -1
Tax Increment Financing District No. 1 -2
Tax Increment Financing District No. 1 -3
Tax Increment Financing District No. 1 -4
LN140 -12
5
ATTACHMENT 2
RESOLUTION NO. 02 -90
ORGANIZATIONAL RESOLUTION OF THE BOARD OF
COMMISSIONERS OF THE LINO LAKES ECONOMIC
DEVELOPMENT AUTHORITY AND APPOINTING
OFFICERS
BE IT RESOLVED by the Board of Commissioners (the "Board") of the Lino
Lakes Economic Development Authority (the "EDA "), as follows:
1. Recitals. All actions required by the applicable provisions of
Minnesota Statutes, Sections 469.090 to 469.108 inclusive, have been duly taken in
order to create, constitute, and activate the EDA.
2. Appointment of Officers. In accordance with Minnesota Statutes,
Section 469.096, the Board hereby appoints to the following office of the EDA the
following persons, respectively:
President:
Vice President:
Secretary:
Treasurer:
Assistant Treasurer:
Sally A. Kuether
Vernon F. Reinert
Daniel L. Tesch
Wesley A. Neal (Andy)
Marilyn G. Anderson
Adopted by the Board of the EDA this 18th day of June
LN140 -12
, 19 90.
•
•
•
•
•
•
WORK SESSION AGENDA ITEM 3
STAFF ORIGINATOR:
CC MEETING DATE:
TOPIC:
BACKGROUND
Paul Bengtson
November 9, 2009
First Reading of Ordinance No. 12 -09
Amending the Zoning Ordinance requirements for
Home Occupations /Home Extended Businesses,
Residential Parking, and Exterior Storage.
With the development of the 2030 Comprehensive Plan Update, it is appropriate
for the city to review its official controls. This is the first of many reviews of our
official controls. In this case, staff is attempting to clarify the existing regulations
in regards to Residential Parking and Exterior Storage. Additionally, at the
direction of the Planning and Zoning Board and City Council, staff has brought
forth draft language in regards to Home Occupations.
HOME OCCUPATION ANALYSIS
After a great deal of discussion at the staff level and with the Planning and
Zoning Board, the language forwarded to the City Council as part of this
ordinance creates a three tiered system to replace the existing two tier system.
Each tier allows a higher level of business activity. The first tier allows only
business activity inside the dwelling itself and no external customers or
employees at the site. The second tier allows expansion into accessory
structures and allows very limited extemal customers and /or employees. The
third tier allows certain properties (Larger than one acre, or zoned Rural or those
that front onto a major roadway) to have a higher level of activity
The Planning and Zoning Board were pretty evenly divided on two issues, though
ultimately they recommended 4 -3 to expand the hours of operations for the Tier 3
home occupations and to eliminate a permit or associated fee from Tier 2. Staff
continues to recommend the requirement of a permit and fee for Tiers 2 and 3.
PARKING ANALYSIS
Staff has drafted a revision to Section 3 Subdivision 5.K that brings all of the
residential parking criteria together. Regulations are not changing from current
enforcement, but have been reorganized for ease of use. Additionally,
environmental options have been added to the list of acceptable paving
materials, when approved by the City Engineer.
At the direction of the Planning and Zoning Board, trailers will be regulated in the
same manner as Recreational Vehicles. As such the definitions of both have
been clarified and the Recreational Vehicle section of the ordinance has been
modified slightly.
EXTERIOR STORAGE ANALYSIS
Staff is proposing to remove RV/Trailer storage from this section and place it
within the new residential parking section of the ordinance, and to add refuse and
recyclable materials to the list as a reference to the appropriate section regarding
these items, which in some cases may be stored outside.
PLANNING AND ZONING BOARD
The Board held a Public Hearing for this item at each meeting between July and
October. The Board ultimately recommended approval of the changes contained
in Ordinance Number 12 -09, with a vote of 4-2. The Board was pretty evenly
split on two specific issues, the hours of operations for the third tier of Home
Occupations and the requirement of a permit and fee for the second tier of Home
Occupations. With a 4-3 vote the Board recommended eliminating the permit
and fee for tier two and also to extend the hours of operation for tier three.
RECOMMENDATION
Staffs is recommending that the City Council dispense with the full reading and
approve the first reading of Ordinance Number 12 -09, with the permit and fee for
Home Occupation Level B of the Home Occupation section reinstated as
previously drafted.
ATTACHMENTS
1. Ordinance Number 12-09
•
•
•
•
•
•
1st Reading:
Publication:
2nd Reading:
Effective:
Council Member
moved for adoption of the following ordinance:
CITY OF LINO LAKES
ORDINANCE NO. 12-09
AN ORDINANCE AMENDING THE ZONING ORDINANCE IN REGARDS
TO HOME OCCUPATIONS, RESIDENTIAL PARKING, AND EXTERIOR
STORAGE.
Section 1 Findings
Section 2, Subdivision 1 of the Zoning Ordinance requires consideration of
possible adverse effects of a proposed zoning amendment and that the judgment
of a proposed amendment to the Zoning Ordinance shall be based upon, but not
limited to, the following factors:
1. The proposed action has been considered in relation to the specific
policies and provisions of and has been found to be consistent with the
official City Comprehensive Plan.
Home Occupations, Residential Parking, and Exterior Storage are
all currently allowed by the zoning ordinance, and the changes
included in this ordinance are not inconsistent with the current
Comprehensive Plan or the draft 2030 Comprehensive Plan.
2. The proposed use is or will be compatible with present and future land
uses of the area.
Home Occupations, Residential Parking, and Exterior Storage are
all currently allowed by the zoning ordinance, and the changes
included in this ordinance will not cause compatibility issues with
present or future land uses in the city.
3. The proposed use conforms with all performance standards contained
herein.
This ordinance establishes performance standards for the uses
known as Home Occupations, Residential Parking, and Exterior
Storage.
4. The proposed use can be accommodated with existing public services and
will not overburden the City's service capacity.
The Home Occupation, Residential Parking, and Exterior Storage
sections of the zoning ordinance will not have an effect on the
City's public services.
5. Traffic generation by the proposed use is within capabilities of streets
serving the property.
The Home Occupation, Residential Parking, and Exterior Storage
sections of the zoning ordinance will not have an effect on the
City's street system.
The Lino Lakes Planning & Zoning Board held a public hearing on the Zoning
Ordinance amendment on October 14, 2009, and recommended approval.
Section 2 Amendment of Zoning Ordinance Approved
The City Council of Lino Lakes ordains that Section 1, Subdivision 2 of the
Zoning Ordinance is hereby amended as follows (deleted text in a eout, added
text in underline), and subsequent elements within the subdivisions shall be
renumbered as appropriate:
Recreational Vehicle. A vehicle designed and used for recreational
purposes and enjoyment including, but not limited to, snowmobiles,
motorized all terrain vehicles, boats, boat trailers, race cars, travel trailers,
truck campers, camping trailers, and self - propelled motor homes.
Travel Trailer. A recreational vehicle that is towed by a car or a truck.
Trailer. A vehicle without motive power, designed to be towed by a
passenger automobile but not designed for human occupancy and which
may include a utility trailer, boat trailer, horse trailer, or snowmobile trailer.
Section 3 Amendment of Zoning Ordinance Approved
The City Council of Lino Lakes ordains that Section 3, Subdivision 4.P of the
Zoning Ordinance is hereby amended as follows (deleted text in stFikeaut, added
text in underline), and subsequent elements within the subdivisions shall be
renumbered as appropriate:
P. Exterior Storage.
1. Rural and Residential Zoning Districts.
•
•
•
•
•
•
a. Exceptions. All personal property in a rural or residential
zoning district and /or on properties ten (10) acres in size or
less shall be stored within a building or fully screened so as
not to be visible from adjoining properties and public streets,
except for the following:
1) Laundry drying.
2) Non - vehicular recreational equipment
3) Home heating fuel tanks.
4) Stacked firewood.
5) Construction and landscaping materials or equipment
currently (within a period of twelve (12) months) being
used on the premises.
6) Agricultural equipment and materials, if these are
used or intended for use on the premises.
7) Off-street parking of licensed passenger automobiles
and pick up trucks in designated driveway or parking
area, surfaced in compliance with Section 3, Subd.
5.C.8.1 of this Ordinance.
8) Licensed motor vehicles per Sec. 3 Subd. 5.K.
9) Refuse and Recyclable Materials per Sec 3.Subd 4.E.
Recreational vehicles, as defined by Section 1, Subd. 2 of
provided that
of *welling on such site, provided that
a) The vehicles have affixed thereto current
registration or license plates as required by
b) The vehicles are stored no closer than five (5)
feet from side and rear lot lines.
c) The vehicles located within front yard ar as aro
areas surfaced in compliance with Section 3,
Subd. 5.C.8.j. of this Ordinance.
2) All front yard storage comply with the following
setbacks from street curb and pavement lines:
Street Clascification Minimum c e #»ck from
c orb /p vement line
Major Arterial 30 feet
Minor Arterial 30 feet
Collector 20 feet
Local 15 feet
3) No vehicle shall be parked in a manner that blocks a
/I) The vehicles are not connected to any water or
Cewage disposal system on the residential property
where the same is so parked or stored.
2. Commercial, Industrial and Public/Semi - Public Zoning Districts.
a. Exterior Storage. Exterior storage shall be govemed by the
respective zoning district in which such use is located.
b. Screening. All exterior storage shall be screened so as not
to be visible from adjoining properties and public streets
except for the following:
1) Merchandise being displayed for sale in accordance
with zoning district requirements.
2) Materials and equipment currently being used for
construction on the premises.
c. Within an industrial zoning district, the exterior storage of
semi - trailers accessory to the principal use may be allowed
by conditional use permit according to Section 8, Subd. 1
and Subd. 2. Semi - trailers connected to semi - tractors
queuing for loading or unloading shall be considered truck
parking and be exempt from the outdoor storage conditional
use permit.
3. All Zoning Districts.
a. Excepting temporary construction trailers and facilities operated
by public service agencies (i.e., bookmobile, bloodmobiles, etc.)
as allowed by the City Council, no recreational vehicle may be
used for office, business, industrial manufacturing, testing, or
storage of items in conjunction with a business, commercial or
industrial enterprise.
b. The City Council may order the owner of any property to cease
or modify open storage uses including existing uses, provided it
•
•
•
•
•
is found that such use constitutes a threat to the public health,
safety, convenience, or general welfare.
Section 4 Amendment of Zoning Ordinance Approved
The City Council of Lino Lakes ordains that Section 3, Subdivision 5.0 of the
Zoning Ordinance is hereby amended as follows (deleted text in sthkeout, added
text in underline), and subsequent elements within the subdivisions shall be
renumbered as appropriate:
j. Surfacing, All accec driveways, approaches, sales lots,
than one (1) acre in size within the rural and residential
districts, asphalt, concrete, cobblestone, or paving brick
green parking with a turf surface supported by a City
approved parking lot sub base and a turf guard fabric.
Exceptions are access drives, driveways, approaches, salc-
lots, and parking areas in the rural and residential districts of
the City that serve farm and residential, principal and
may be surfaced with:
• _ _
1) Clasc 5 gravel.
2) Pea rock.
3) Crushed rock.
'1) Agricultural lime in a manner approved by the City
Eng
Section 5 Amendment of Zoning Ordinance Approved
The City Council of Lino Lakes ordains that Section 3, Subdivision 5.K of the
Zoning Ordinance is hereby repealed and replaced with the following (added text
in underline), and subsequent elements within the subdivisions shall be
renumbered as appropriate:
K. Motor Vehicle Parking in Residential and Rural Zoning Districts.
1. Passenger motor vehicles, including cars, pickup trucks, vans, and
motorcycles may be parked on a residential or rural property
provided that
a. They are parked on an appropriate surface. Appropriate
surface shall include asphalt, concrete, pavers, and
environmentally conscious materials when approved by the
Vehicles parked or stored shall meet the following
requirements:
1. Neither the truck engine nor any other motorized
component shall be left running while the vehicle is
parked or stored.
2. There shall be a minimum of one hundred fifty (150)
feet from the vehicle to the nearest lot line.
3. The vehicle and trailer shall remain connected.
Section 6 Amendment of Zoning Ordinance Approved
The City Council of Lino Lakes ordains that Section 3, Subdivisions 8 and 9 of
the Zoning Ordinance are hereby repealed and replaced with the following
(added text in underline), and subsequent elements within the subdivisions shall
be renumbered as appropriate:
Subd. 8. Home Occupation Permits.
A. Purpose. The purpose of this section is to provide a means by which
home occupations can be conducted as an accessory use to a residential
dwelling unit, as a use that is clearly incidental and secondary to a
residential use on the same premises, without jeopardizing the health,
safety and general welfare of the surrounding neighborhood or the
inhabitants of the home occupation site, and without jeopardizing the
residential character of the neighborhood.
B. Application. Subject to the non - conforming use provision of this section,
all occupations conducted in the home shall comply with the provisions of
this section, with the exception of the following:
1) Permitted agricultural /farm related uses in the R and R -X Districts (and
when found to be in conformance with all other provisions of this
Ordinance) need not meet the provisions of this subdivision.
2) The limited seasonal sale of products grown solely on the site by the
residents of the homestead shall be exempt from the provisions of
this subdivision.
3) Daycare when licensed by the state and /or county
4) Any other use listed as a Permitted, Conditional, or Interim use within
the corresponding zoning district.
5) Any use allowed by an existing Conditional or Interim Use Permit
•
•
•
•
C. Procedure. A permit shall be required for any Home Occupation Level C,
in accordance with the following procedure:
1. Application for a Home Occupation permit shall be filed by the
property owner or designated agent with the Zoning Administrator
on forms to be provided by the City.
2. Application for a Home Occupation permit shall be accompanied by
a non - refundable fee as established by City Council ordinance.
3. The Zoning Administrator shall review the application and shall
determine whether the proposal is in compliance with all applicable
evaluation criteria, codes, ordinances, and applicable performance
standards set forth in the Ordinance. The Zoning Administrator
shall notify the applicant, in writing, of any incomplete application
within fifteen (15) business days of the date of submission.
D. Violations. After two (2) founded nuisances, or code violation complaints
have been made and verified with written notices to the home occupation,
a public hearing may be called to consider additional conditions,
limitations, or revocation of the home occupation within sixty (60) days of
the last complaint.
E. Expiration. Upon issuance, a Home Occupation permit shall continue to
be valid unless one or all of the following occur.
1. The business owner relocates to another residential address;
permits are not transferable to another person or property.
2. The type of businesses occurring on the site changes significantly.
3. If the permit is revoked by the City per section D above.
F. Requirements - General Provisions. All home occupations shall comply
with the following general provisions and according to definition, the
applicable requirement provisions.
1. General Provisions.
a. Any home occupation shall be clearly incidental and secondary
to the residential use of the premises, and shall not change the
residential character thereof.
b. All home occupations must comply with all provisions of the City
Nuisance Ordinance and shall result in no incompatibility or
disturbance to the surrounding residential uses.
c. No home occupation shall require intemal or extemal alterations
or involve construction features not customarily found in
residential dwellings except where required to comply with local
and state fire and police recommendations.
d. In no case shall the permitted home occupation cause to create
the need for an additional driveway access to the property.
e. Personal vehicles not exceeding a gross weight rating of eleven
thousand seventy -five (11,075) pounds used in the home
occupation may be parked on the site.
f. Any vehicle with a gross weight rating in excess of eleven
thousand seventy -five (11,075) pounds is subiect to Section 3,
Subdivision. 5.K of this Ordinance.
g.
The home occupation shall meet all applicable fire and building
codes.
h. All signage for the business must comply with the city sign code.
i. When applicable, all state licensing requirements are
satisfactorily met.
j. The applicant shall demonstrate, in a manner found acceptable
to the City Engineer that such use is within the capabilities of
the property's sewage treatment system or the city's utility
system.
k. There shall be no use or outdoor storage of any toxic chemicals
or hazardous materials of any type or in any amount not
normally found in a residential structure.
I. No motor vehicle repair, paint or body work; commercial
preparation of food for service on the premise; business related
to or involving explosives, ammunition or weapons; or
ambulance or related emergency services shall be permitted as
a Home Occupation.
m. No retail of anything produced off -site.
G. Requirements — Home Occupation Level A. All residential dwelling
units are eligible for a Home Occupation Level A, and must comply with
the following provisions specific to the Home Occupation Level A.
1. Requirements.
•
•
•
a. Permitted home occupation shall be confined to the private
dwelling unit, and shall not be conducted in any accessory
structure on the premise, including an attached garage.
b. No customers or em • to ees who do not reside at the dwellin
may be permitted on the properly.
c. If the home occupation will require a delivery service, such as
UPS, no more than ten delivery /pickup trips per week shall be
permitted.
d. The home occupation may not occupy more than 10% of the
structure.
e. No exterior evidence of the presence of the home occupation on
the premises, except any signage allowed by the sign code.
f. All off - street parking generated by the home occupation shall be
confined to the driveway.
g.
•
The number of on -site parking spaces shall not be reduced to
Tess than two.
H. Requirements — Home Occupation Level B. All residential dwelling
units are eligible for a Home Occupation Level B, and must comply with
the following provisions specific to the Home Occupation Level B.
1. Requirements.
a. Permitted home occupation may be conducted in an accessory
structure provided that it can comply with life safety
requirements.
b. A limit of two customers or employees who do not reside at the
dwelling may be permitted on the property at one time.
c. Areas accessible to customers or employees shall comply with
all applicable life safety codes.
d. Vehicle trips generated by the business shall not exceed 20 in
any twenty four hour period.
e. If the home occupation will require a delivery service, such as
UPS, no more than ten delivery/pickup trips per week shall be
permitted.
•
f. The home occupation may not occupy more than 10% of the
dwelling.
g.
No exterior evidence of the presence of the home occupation on
the premises, except any signage allowed by the sign code.
h. All off -street parking generated by the home occupation shall be
provided on a hard surface in or adjacent to the driveway.
i. The number of on -site parking spaces shall not be reduced to
less than two.
j.
Personal Service Businesses shall be limited to allow the
servicing a single customer at a time.
a. Between the hours of 7 PM and 7 AM no customers or
employees who do not reside on the site may be at the site and
no business operations occurring outside of the main dwelling
are permitted. For the purpose of this section, an attached
garage does not count as part of the main dwelling.
Requirements — Home Occupation Level C. All properties developed
with a dwelling, that are either over 1 acre in size; zoned Rural, Rural
Business Reserve, or Rural Executive; or front on an arterial roadway are
eligible for a Home Occupation Level C, and must comply with the
following provisions specific to the Home Occupation Level C.
1. Requirements.
b. Permitted home occupation may be conducted in an accessory
structure provided that it can comply with life safety
requirements.
c. The maximum number of employees and customers visiting the
site at any one time will be determined by the availability of
Parking on the site.
d. Areas accessible to customers or employees shall comply with
all applicable life safety codes.
e. Vehicle trips generated by the business shall not exceed 30 in
any twenty four hour period.
f. If the home occupation will require a delivery service, such as
UPS, no more than ten delivery /pickup trips per week shall be
permitted.
•
•
•
•
•
•
g-
The home occupation may not occupy more than 10% of the
dwelling.
h. No exterior evidence of the presence of the home occupation on
the premises, except any signaoe allowed by the sign code.
i. All off-street parking generated by the home occupation shall be
provided on a hard surface in or adjacent to the driveway.
j.
The number of on -site parking spaces shall not be reduced to
less than two.
k. Personal Service Businesses shall be limited to allow the
servicing of only two customers at a time.
I. Between the hours of 9 PM and 7 AM no customers or
employees who do not reside on the site may be at the site and
no business operations occurring outside of the main dwelling
are permitted. For the purpose of this section, an attached
garage does not count as part of the main dwelling.
J. Additional Limitations and/or Restrictions.
1. So as to maintain compatibility and protect the health, safety and
general welfare of the public, the City may impose additional
limitations or requirements as it deems necessary.
2. The City may impose the posting of a security in order to insure
compliance with any condition imposed.
K. Inspection. The City of Lino Lakes hereby reserves the right, upon
approval of any home occupation permit, to inspect the premises in which
the occupation is being conducted to insure compliance with the
provisions of this section or any conditions additionally imposed.
L. Penalty. Violation of the home occupation zoning performance standards
shall be subject to the enforcement and penalty provisions of Section 2,
Subdivision 9 of this Ordinance.
Section 7 Zoning Ordinance and City Code Stand As Amended
As above amended, the Zoning Ordinance shall stand as initially passed and
previously amended. As above amended, the City Code shall stand as initially
passed and previously amended.
Section 8 In Effect According to City Charter
This ordinance shall be in force and effect from and after its passage and
publication according to the Lino Lakes City Charter.
John Bergeson, Mayor
Attest Julianne Bartell, City Clerk
Adopted by the Lino Lakes City Council this 23rd day of November 2009.
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.
•
•
WS — Item 4
WORK SESSION STAFF REPORT
Work Session Item 4
Date: Council Work Session, November 2, 2009
To: City Council
From: Michael Grochala
Re: Bonestroo Professional Service Contract
Low Impact Development (LID)
Background
In February of 2009 the City Council approved Resolution No. 09 -10 authorizing
execution of a Mn/DNR Community Conservation Assistance Grant. The grant award
was in the amount of $25,000 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 design.
On October 26, 2009 the city council tabled consideration of retaining Bonestroo Inc., to
assist with the project pending further explanation of Low Impact Development (LID).
Low Impact Development (LID)
LID is an environmentally sensitive approach to stormwater management that seeks to
manage rainfall where it falls using decentralized, small -scale controls that are integrated
into a site's landscape features. LID's goal is to mimic a site's predevelopment
hydrology by using design techniques that infiltrate, filter, store, evaporate, and detain
runoff close to its source. Techniques are based on the premise that stormwater
management should not be seen as stormwater disposal. Instead of conveying and
managing / treating stormwater in large, costly end -of -pipe facilities located at the bottom
of drainage areas, LID addresses stormwater through small, cost- effective landscape
features located at the lot leveL These landscape features, known as Integrated
Management Practices (IM's), are the building blocks of LID. Almost all components of
the urban environment have the potential to serve as an IMP. This includes not only open
space, but also rooftops, streetscapes, parking lots, sidewalks, and medians. LID is a
versatile approach that can be applied equally well to new development, urban retrofits,
and redevelopment / revitalization projects.
The inclusion of Low Impact Development into the city' s regulatory framework is
referenced repeatedly in the goals, policies and implementation components of the City's
1
draft 2030 Comprehensive Plan. LID is a key component of establishing the city's
"green infrastructure" plan and "conservation design" framework as discussed in Chapter
2 of the comprehensive plan.
Attached is a handout produced by the Environmental Protection Agency (EPA) which
provides a more in depth explanation of LID practices.
Council Direction
None Required. Professional services contract with Bonestroo is proposed for
consideration on the November 9, 2009 city council agenda.
Attachments
1. Resolution 09 -10
2. Reducing Stormwater Costs thronghh LID Strategies & Practices
2
•
•
•
•
Council Member Reinert introduced the following resolution and moved its adoption:
CITY OF LINO LAKES
RESOLUTION NO. 09 -10
RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT
WITH THE STATE OF MINNESOTA, DEPARTMENT OF NATURAL RESOURCES
COMMUNITY CONSERVATION ASSISTANCE GRANT
WHEREAS, the Minnesota Legislature by Minnesota Laws 2008 Chap. 367, Sec. 2,
Subd. 3(a) appropriated funds to the Commissioner of the Department of Natural
Resources for the purposes of planning, improving and protecting important natural
areas in the metropolitan region, as defined by Minnesota Statutes, section 473.121,
subdivision 2 and portions of the surrounding counties, through grants, contracted
services, conservation easements, and fee acquisition; and
WHEREAS, an application has been submitted to the State by the City of Lino Lakes for
a portion of the funds needed to update the City's Ordinances relating to low impact and
conservation development described in the application for a Community Conservation
Assistance Grant; and
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LINO LAKES, MINNESOTA hereby approves the agreement with the Minnesota
Department of Natural Resources for grant funds in the amount of $25,000 and
authorizes the Mayor and City Clerk to execute such agreement on behalf of the City.
BE IT FURTHER RESOLVED that the City agrees to expend the pledged matching
cash/in -kind contribution in accordance wits d agreement.
ipne Bartel C. Clerk
Adopted by the Lino Lakes City Council this 9th day of February, 2009.
The motion for the adoption of the foregoing resolution was duly seconded by Council
Member Gallup and upon vote being taken thereon, the following voted in favor
thereof:
Reinert, Gallup, O'Donnell, Stoltz, Bergeson
The following voted against same:
none
• Whereupon said resolution was declared duly passed and adopted.
Reducing ‘tormwater Costs through Low Impact
Development (LID) Strategies and Practices
•
•
•
•
•
Work Seccitt-n :rewt 4/1
� -a -coq
Reducing Stormwater Costs through Low Impact
Development (LID) Strategies and Practices
Reducing Stormwater Costs through Low Impact
Development (LID) Strategies and Practices
December 2007
EPA 841 -F- 07-006
Prepared under Contract No. 68 -C-02 -108
United States Environmental Protection Agency
Nonpoint Source Control Branch (4503T)
1200 Pennsylvania Ave., NW
Washington, DC 20460
Available for download at www.epa.gov /nos/iid
•
•
•
•
•
INTRODUCTION
BACKGROUND
Most stormwater runoff is the result of the man -made hydrologic modifications that
normally accompany development. The addition of impervious surfaces, soil
compaction, and tree and vegetation removal result in alterations to the movement of
water through the environment. As interception, evapotranspiration, and infiltration are
reduced and precipitation is converted to overland flow, these modifications affect not
only the characteristics of the developed site but also the watershed in which the
development is located. Stormwater has been identified as one of the leading sources of
pollution for all waterbody types in the United States. Furthermore, the impacts of
stormwater pollution are not static; they usually increase with more development and
urbanization.
Extensive development in the United States is a relatively recent phenomenon. For the
past two decades, the rate of land development across the country has been twice the rate
of population growth. Approximately 25 million acres were developed between 1982 and
1997, resulting in a 34 percent increase in the amount of developed land with only a 15
percent increase in population."2 The 25 million acres developed during this 15 -year
period represent nearly 25 percent of the total amount of developed land in the
contiguous states. The U.S. population is expected to increase by 22 percent from 2000 to
2025. If recent development trends continue, an additional 68 million acres of land will
be developed during this 25 -year period.3
Water quality protection strategies are often implemented at three scales: the region or
large watershed area, the community or neighborhood, and the site or Nock. Different
stormwater approaches are used at different scales to afford the greatest degree of
protection to waterbodies because the influences of pollution are often found at all three
scales. For example, decisions about where and how to grow are the first and perhaps
most important decisions related to water quality. Growth and development can give a
community the resources needed to revitalize a downtown, refurbish a main street, build
new schools, and develop vibrant places to live, work, shop, and play. The environmental
impacts of development, however, can pose challenges for communities striving to
protect their natural resources. Development that uses land efficiently and protects
undisturbed natural lands allows a community to grow and still protect its water
resources.
Strategies related to these broad growth and development issues are often implemented at
the regional or watershed scale. Once municipalities have determined where to grow and
where to preserve, various stormwater management techniques are applied at the
neighborhood or community leveL These measures, such as road width requirements,
often transcend specific development sites and can be applied throughout a
neighborhood. Finally, site - specific stormwater strategies, such as rain gardens and
infiltration areas, are incorporated within a particular development. Of course, some
stormwater management strategies can be applied at several scales. For example,
opportunities to maximize infiltration can occur at the neighborhood and site levels.
Many smart growth approaches can decrease the overall amount of impervious cover
associated with a development's footprint. These approaches include directing
development to already degraded land; using narrower roads; designing smaller parking
lots; integrating retail, commercial, and residential uses; and designing more compact
residential lots. These development approaches, combined with other techniques aimed at
reducing the impact of development, can offer communities superior stormwater
management
Stormwater management programs have struggled to provide adequate abatement and
treatment of stormwater at the current levels of development Future development will
create even greater challenges for maintaining and improving water quality in the
nation's waterbodies. The past few decades of stormwater management have resulted in
the current convention of control - and - treatment strategies. They are largely engineered,
end -of -pipe practices that have been focused on controlling peak flow rate and suspended
solids concentrations. Conventional practices, however, fail to address the widespread
and cumulative hydrologic modifications within the watershed that increase stormwater
volumes and runoff rates and cause excessive erosion and stream channel degradation.
Existing practices also fail to adequately treat for other pollutants of concern, such as
nutrients, pathogens, and metals.
LOW IMPACT DEVELOPMENT
Low Impact Development (L1D)4 is a stormwater management strategy that has been
adopted in many localities across the country in the past several years. It is a stormwater
management approach and set of practices that can be used to reduce runoff and pollutant
loadings by managing the runoff as close to its source(s) as possible. A set or system of
small -scale practices, linked together on the site, is often used. LID approaches can be
used to reduce the impacts of development and redevelopment activities on water
resources. In the case of new development, LID is typically used to achieve or pursue the
goal of maintaining or closely replicating the predevelopment hydrology of the site. In
areas where development has already occurred, LID can be used as a retrofit practice to
reduce runoff volumes, pollutant loadings, and the overall impacts of existing
development on the affected receiving waters.
In general, implementing integrated LID practices can result in enhanced environmental
performance while at the same time reducing development costs when compared to
traditional stormwater management approaches. LID techniques promote the use of
natural systems, which can effectively remove nutrients, pathogens, and metals from
stormwater. Cost savings are typically seen in reduced infrastructure because the total
volume of runoff to be managed is minimi7pd through infiltration and evapotranspiration.
By working to mimic the natural water cycle, LID practices protect downstream
resources from adverse pollutant and hydrologic impacts that can degrade stream
channels and harm aquatic life.
It is important to note that typical, real -world LID designs usually incorporate more than
one type of practice or technique to provide integrated treatment of runoff from a site. For
example, in lieu of a treatment pond serving a new subdivision, planners might
incorporate a bioretention area in each yard, disconnect downspouts from driveway
surfaces, remove curbs, and install grassed swales in common areas. Integrating small
2
•
•
•
•
•
•
practices throughout a site instead of using extended detention wet ponds to control
runoff from a subdivision is the basis of the LID approach.
When conducting cost analyses of these practices, examples of projects where actual
practice -by- practice costs were considered separately were found to be rare because
material and labor costs are typically calculated for an entire site rather than for each
element within a larger system. Similarly, it is difficult to calculate the economic benefits
of individual LID practices on the basis of their effectiveness in reducing runoff volume
and rates or in treating pollutants targeted for best mans • ement practice (BMP)
performance monitoring.
The following is a summary of the different categories of LID practices, including a brief
description and examples of each type of practice.
Conservation designs can be used to minimize the
generation of runoff by preserving open space. Such
designs can reduce the amount of impervious surface,
which can cause increased runoff volumes. Open
space can also be used to treat the increased runoff
from the built environment through infiltration or
evapotranspiration. For example, developers can use
conservation designs to preserve important features
on the site such as wetland and riparian areas,
forested tracts, and areas of porous soils.
Development plans that outline the smallest site
disturbance area can minimize the stripping of topsoil
and compaction of subsoil that result from grading
and equipment use. By preserving natural areas and
not clearing and grading the entire site for housing lots, less total runoff is generated on
the development parcel. Such simplistic, nonstructural methods can reduce the need to
build large structural runoff controls bike retention ponds and stormwater conveyance
systems and thereby decrease the overall infrastructure costs of the project. Reducing the
total area of impervious surface by limiting road widths, parking area, and sidewalks can
also reduce the volume of rumoff that must be treated. Residential developments that
incorporate conservation design principles also can benefit residents and their quality of
life due to increased access and proximity to commjmal open space, a greater sense of
community, and expanded recreational opportunities.
Infiltration practices are engineered structures or
landscape features designed to capture and infiltrate
runoff They can be used to reduce both the volume
of runoff discharged from the site and the
infrastructure needed to convey, treat, or control
runoff. Infiltration practices can also be used to
recharge ground water. This benefit is especially
important in areas where maintaining drinking water
supplies and stream baseflow is of special concern
because of limited precipitation or a high ratio of
withdrawal to recharge rates. infiltration of runoff can also help to maintain stream
temperatures because the infiltrated water that moves laterally to replenish stream
baseflow typically has a lower temperature than overland flows, which might be subject
Examples pfinfittfalen
Practices
irltration basins �d txences
• Drseonn
Rsm
do wispouis
Bad tithe '! =
vegerazea�reaIment systems
to solar radiation. Another advantage of infiltration practices is that they can be integrated
into landscape features in a site - dispersed manner. This feature can result in aesthetic
benefits and, in some cases, recreational opportunities; for example, some infiltration
areas can be used as playing fields during dry periods.
Runoff storage practices. Impervious surfaces are a
ceuti al part of the built environment, but runoff from
such surfaces can be captured and stored for reuse or
gradually infiltrated, evaporated, or used to irrigate
plants. Using runoff storage practices has several
benefits. They can reduce the volume of runoff
discharged to surface waters, lower the peak flow
hydrograph to protect streams from the erosive forces
of high flows, irrigate landscaping, and provide
aesthetic benefits such as landscape islands, tree
boxes, and rain gardens. Designers can take
advantage of the void space beneath paved areas like parking lots and sidewalks to
provide additional storage. For example, underground vaults can be used to store runoff
in both urban and rural areas.
ExarpleS Brno gage
R bar els loc4cestems
laa` ys"lands asd mom;
az �iepressi°a
Runoff conveyance prat ices. Large storm events
can make it difficult to retain all the runoff generated
on -site by using infiltration and storage practices. In
these situations, conveyance systems are typically
used to route excess runoff through and off the site.
In LID designs, conveyance systems can be used to
slow flow velocities, lengthen the runoff time of
concentration, and delay peak flows that are
discharged off -site. LID conveyance practices can be
used as an alternative to curb -and - gutter systems, and
from a water quality perspective they have
advantages over conventional approaches designed to
rapidly convey runoff off -site and alleviate on -site
flooding. LID conveyance practices often have rough
surfaces, which slow runoff and increase evaporation and settling of solids. They are
typically permeable and vegetated, which promotes infiltration, filtration, and some
biological uptake of pollute. LID conveyance practices also can perform functions
similar to those of conventional curbs, channels, and gutters. For example, they can be
used to reduce flooding around structures by routing runoff to landscaped areas for
treatment, infiltration, and evapotranspiration.
4
•
•
•
•
•
•
Filtration practices are used to treat runoff by
filtering it through media that are designed to
capture pollutants through the processes of physical
filtration of solids and/or cation exchange of
dissolved pollutants. Filtration practices offer many
of the same benefits as infiltration, such as
reductions in the volume of runoff transported off -
site, ground water recharge, increased stream
basefiow, and reductions in thermal impacts to receiving waters. Filtration practices also
have the added advantage of providing increased pollutant removal benefits. Although
pollutant build -up and removal may be of concern, pollutants are typically captured in the
upper soil horizon and can be removed by replacing the topsoiL
Low impact landscaping. Selection and distribution
of plants must be carefully planned when designing a
functional landscape. Aesthetics are a primary
concern, but it is also important to consider long -term
maintenance goals to reduce inputs of labor, water,
and chemicals. Properly preparing soils and selecting
species adapted to the microclimates of a site greatly
increases the success of plant establishment and
growth, thereby stabilizing soils and allowing for
biological uptake of pollutants. Dense, healthy plant
growth offers such benefits as pest resistance
(reducing the need for pesticides) and improved soil
infiltration from root growth. Low impact
landscaping can thus reduce impervious surfaces,
improve infiltration potential, and improve the
aesthetic quality of the site.
•
•
WS — Item 5
WORK SESSION STAFF REPORT
Work Session Item #5
Date: November 2, 2009
To: City Council
From: Dave Pecchia, Chief of Police
Re: Creation of a Lino Lakes Volunteers in Police Service
non -profit group
BACKGROUND
The Lino Lakes Police Department is exploring the option of creating a non - profit organization
which would serve as a fiscal resource to the volunteer groups of the department. This would
serve as an additional source of revenue for Lino Lakes Police Department volunteer activities
and groups. Brief presentations by a member of each volunteer group will be part of the work
session.
•
WS — Item 6
WORK SESSION STAFF REPORT
Work Session Item 6
Date: 2 November 2009
To: City Council
From: Daniel Tesch, Director of Administration/ Acting C.A.
Re: Televising Work Sessions
Background
The Charter Commission had requested the council amend the city charter to include
televising work sessions. That question was not put on the ballot.
Council Member O'Donnell requested this be placed on tonight's work session agenda.
Julie and I have put together what the options would look like if we:
A. Held council work sessions in the council chambers at the dias
B. Held council work session in the chamber on the main floor
C. Broadcast work sessions from the community room.
A secondary question was raised about broadcasting all meetings concerning city issues.
The only bodies that do not broadcast their meetings are EDAC and the Charter
Commission.
There is currently no ordinance or statute that requires the council broadcast/televise any
of its meetings, including regular council meetings. It has simply been our practice.
Requested Council Direction
How to proceed...
Attachment(s)
Memorandum outlining options and a diagram from North Metro Channel 15.
1
•
•
•
Options for Televising Council Meetings
The assumption form the wording of the charter amendment is that all regular open
council meetings (including the public comment/open mike portion) and all council work
sessions will be televised.
Most of the following information was obtained from the city's cable provider, North
Metro Cable. They noted that they have limited information to offer since no other cities in the
North Metro Cable area are televising any meetings outside of their council chamber facilities.
Utilize the council chambers for all meetings
• Live coverage possible
• Equipment is in place; technician services would be an additional cost ($12 per hour with
a 3 hour minimum).
• Less formal atmosphere not an option
• Would displace other meetings (Park Board meets on the first Monday of the month)
Rearrange the council chambers for less formal work sessions
• Live coverage possible
• Equipment is in place; technician services would be an additional cost ($12 per hour with
a 3 hour minimum).
• Maintains a less formal environment by not using the dais
• Audio would be a problem since microphones are on the dais; would need to purchase a
microphone but sound may still not be good
• Custodian would have to take time out of her schedule to move tables from the
community room, move chairs and set up the room.
• Work sessions prior to council meeting routinely run past 6:30. The room would now
have to be re- arranged to accommodate the council meeting.
Continue to meet outside the council chambers for work sessions but televise the meetings
through use of remote equipment
• Live coverage possible
• Quality is the biggest concern noted by cable television professionals — difficult to get
good audio, a single camera is very limiting, equipment will record for a limited time
causing the need to stop meetings to reset equipment
• North Metro TV has diagramed the equipment needed for a quality broadcast at $15,000 -
$20,000.
• The only way to go live would be through complex cabling to main system
• Technician costs would be $12.00 hr (3 hour minimum). We have not contacted Reed to
see if he is available — going live and ending the broadcast would mean a trip back to the
council chambers edit suite.
• Producing a meeting with audio only is not an option; the cable company cannot
accommodate; also charter amendment contains the word "televised"
• If not done by live feed, staff would have to deliver recordings to the cable station after
each meeting
City efforts at transparency to date:
• The meetings are regularly scheduled in the same location
• Meeting notices and agendas are posted at city hall and on the city's web site
• The meetings are open to the public
• The press is in regular attendance
• Agendas and packets are emailed regularly to a permanent list and to anyone who is
interested in a specific item
• Minutes are taken and distributed
• Digital audio recordings are made and copies can be made for any interested party
•
C rev"
AUDIO
MIXER
PROGRAM AUDIO
, •^••
'eg" '''5.'F?,i4=',''.;;?;K:4".'"?.*4t•-,
cri 5
cot. 4,1
BACK-
GROUND
GENERATOR
C,4.rn 1. I
(2.2.0-r
•
0
TBC/
COLOR
CONTROL
t16,
SVGA
IMPOR
1■1■14
EXTERNAL
COMPUTERS
TBC/
COLOR
CONTROL
TBC/
COLOR
CONTROL
sCA M11
CONVER1E
CECLEODE3
==0=
SWITCHER
( 1
DIGITAL
VIDEO
EFFECTS
SVGA - SVGA
SCALER
TITLE
GENERATOR
CCM
VIDEO
OVERLAY
HARD
DISK
RECORDER
TREAMIHGI
CODEC t.111
VIDEO
ErAcor,FR
PRO..ECTOR
CONTROLS
fi\1111
cc,
C.ti 1.3 1- 4,,,C
v W1
LI