HomeMy WebLinkAbout11-02-2015 Council PacketWORK SESSION AGENDA
CITY OF LINO LAKES
Monday, November 2, 2015
CITY COUNCIL WORK SESSION
Community Room (not televised)
6:00 P.M.
1. John Commers, Lake Amelia Project
2. American Legion Parking
3. Cedar Street Improvements (Road North of Clearwater Creek Development)
4. Floodplain Ordinance Amendment (To follow on Friday)
4a. Garage Variance at 6262 Otter Lake Road (no report attached)
5. Business Issues — ADA and Commercial Recycling Law
6. Council Updates on Boards/Commissions
7. Monthly Progress Report
8. Review Regular Agenda
9. Adjourn
WS — Item #1
WORK SESSION STAFF REPORT
Work Session Item No. 1
Date: November 2, 2015
To: City Council
From: Michael Grochala, Community Development Director
Re: Commers Property — Lake Amelia Project
Background
Council members recently received inquiries regarding the interest in the development of
property adjacent to Lake Amelia. Discussion of this agenda item was requested by
Council Member Roeser and Mayor Reinert.
John and Patricia Commers own approximately 45 acres of land lying east of and
adjacent to Amelia Lake. Staff has met with the Commers multiple times over the past
two years to discuss possible development of the property.
The property is currently designated as Urban Reserve in the Comprehensive Plan. The
purpose of the Urban Reserve area is to preserve land for post 2030 urban development.
The urban reserve is intended to promote cost efficient planning by preventing premature
expansion of urban services and ensuring orderly and efficient expansion of future urban
services. Development is limited to 1 unit per 10 acres consistent with the Rural Zoning
District. The Urban Reserve is not permanent and will be reviewed every 10 years as
part of the Comprehensive Plan update.
Development of the property at urban densities would require a comprehensive plan
amendment. Staff has informed the Commers that a plan amendment would not likely be
supported, at this time, for two basic reasons:
1. Public utilities including sanitary sewer and water are not currently available to
support the development.
2. There is enough land currently guided for development, with utilities available, to
meet existing housing needs within the City.
Both sanitary sewer and water would need to be extended approximately 2,000 feet from
White Bear Township. The extension would not benefit any additional properties. The
estimated cost of the project is over $600,000 based on a preliminary study completed by
White Bear Township.
Additionally, the establishment of staged growth areas, including the urban reserve, is
key component of the City's growth management strategy. Adding additional land for
development purposes runs counter to that strategy.
Requested Council Direction
None Required.
Attachments
1. Project Location /Land Use map
Legend
Future Land Use 2030
Permanent Rural
Urban Reserve
Low Density Sewered Residential
Medium Density Residential
High Density Residential
▪ Commercial
Mixed Use
▪ Industrial
▪ Civic/Institutional
▪ Park and Open Space
Private Airfield
Right -of -Way
Open Water
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9/15/2015
WS — Item #2
WORK SESSION STAFF REPORT
Work Session Item No. 2
Date: November 2, 2015
To: City Council
From: Michael Grochala, Community Development Director
Re: American Legion Parking Request
Background
Council members recently received inquiries regarding the American Legion's interest in
expanding their parking area. Discussion of this agenda item was requested by Council
Member Roeser and Mayor Reinert.
The use of adjacent city property for parking has been discussed previously. Staff has
attached prior council reports and minutes from the respective discussions.
Requested Council Direction
None Required.
Attachments
1. May 2, 2011 staff report
2. May 2, 2011 CC work session minutes
3. June 6, 2011 staff report
4. June 6, 2011 CC work session minutes
WS — Item 4
WORK SESSION STAFF REPORT
Work Session Item 4
Date: Council Work Session, May 2, 2011
To: City Council
From: Michael Grochala
Re: American Legion Parking
Background
The American Legion has approached the city council regarding the possibility of leasing city
owned property for parking. The City owns three acres adjacent to the American Legion. The
city land is intended for eventual commercial development. A portion of the property is
currently used for the community gardens. The Legion has not provided any information
regarding how much parking they require. The assessed market value of the 1 acre parcel
nearest the Legion is $91,400. The last purchase offer the city had on this parcel was $277,000
per acre.
The first question the council should answer is whether to allow private use of city property. Use
of the property for parking would require installation of a parking lot meeting all requirements
including paving, curb and gutter as well as storm water management improvements. This
would be an encumbrance on the property and could be detrimental to future sale. A lease
agreement would need to include provisions for tear out of the parking lot, at the expense of the
Legion, if the city sells the property.
The property is currently tax exempt. If leased, the property would lose its tax exempt status.
Based on discussions with Anoka County taxes would amount to approximately $2,400 per year.
A typical land lease rate for an acre of commercial property valued at $91,000 is approximately
$450 to $600 per month. A qualified appraisal should be completed to determine an actual rate.
At a minimum the city would need to charge enough to cover local costs.
Council Direction
Staff is requesting council direction regarding the following:
1. Does the Council want to allow public land to be used for private purposes?
2. If so, should staff pursue an appraisal and lease agreement with the American Legion
with all costs paid for by the American Legion?
Attachments
1. General Location Map
1
CITY COUNCIL WORK SESSION May 2, 2011
APPROVED
45 An EOR, Inc. representative noted that what they (EOR) have proposed initially isn't the
46 minimum the city could do; it does include things that they see would be beneficial to the
47 city. They'd be happy to look over the proposal again.
48
49 2. Nadeau Farm Development — Marcel Eibensteiner - Community Development
50 Director Grochala introduced developer Marcel Eibensteiner and his engineer for the
51 proposed development. Mr. Grochala then explained that the site under discussion is a
52 portion of a site that is guided medium density under the draft 2010 Comp Plan.
53 Developer Eibensteiner is interested in moving forward with development of single
54 family homes on a portion however there are issues. Until the updated Comprehensive
55 Plan is adopted, the developer would require an amendment to the existing Plan. The
56 proposal could conceivable go through a planned unit development (PUD) process for the
57 whole site and apparently that would require a level a detail that the developer says he is
58 not yet ready to establish especially in consideration of the current economic conditions.
59 Mr. Eibensteiner confirmed that the PUD process suggested by staff is not feasible for
60 him. He needs to build to suit the market and density is not what is selling. Mr.
61 Grochala remarked that amending the density ratios within the updated comprehensive
62 plan isn't recommended because a change in one area impacts all others. The mayor
63 suggested that the best way to allow for this proposed development would be to figure out
64 a way to do it and keep it within medium density. Staff will continue to work on the
65 figures and report back.
66
67 3. Emerald Ash Borer Update — Environmental Coordinator Asleson and Public
68 Works employee Mike Hoffman were present. Mr. Asleson reviewed the update report
69 before the council, including outlining the number of ash trees estimated on public and
70 private property, treatment options and funding opportunities. The draft Emerald Ash
71 Borer Management Plan has been before the city's Environmental Board and it will
72 remain under review. Mr. Asleson noted that the borer has been found as close as 15
73 miles from the city. It will be important to consider treatment options as the borer moves
74 closer. The mayor remarked that he is interested in understanding how treatment will be
75 prioritized; he'd like to see an action plan that indicates how the city is ready to manage
76 the problem. The plan should of course include how trees on public property will be
77 treated but also an element to bring important information to the public on residential
78 treatment options, including costs. Mr. Asleson noted that there will be information in
79 the next city newsletter. Staff will be reviewing plans more with the Environmental
80 Board and reporting back to the council in the future.
81
82 4. American Legion Parking — Community Development Director Grochala noted
83 that staff has an initial question prior to discussion of the staff report. There is an event
84 coming up at the American Legion facility this coming weekend and Governor Dayton is
85 an expected attendee and so quite a large crowd is expected. The Legion is therefore
86 interested in utilizing the adjacent city -owned land for parking for this one event. City
87 Clerk Bartell reported the following information: the event may have in excess of 300
88 attendees, the city -owned land could accommodate 100-150 cars without interfering with
89 the community garden area; 77th Street is on -street parking available; the land wouldn't
2
CITY COUNCIL WORK SESSION May 2, 2011
APPROVED
90 be too wet for use since it is sand based and doesn't get muddy; the city attorney reports
91 that city insurance would generally cover the land and additional coverage by the Legion
92 is recommended; a hold harmless agreement is recommended; police department is
93 working with the state patrol on the Governor's visit; Fire Department lot is partially
94 available. The council concurred with the request for parking for a one-time use the
95 coming weekend.
96
97 The Mayor then noted that the American Legion has some long-standing parking issues
98 and they are requesting on-going use of some of the city owned land for that purpose.
99 City ordinance has specific requirements for parking areas (including curb and gutters) so
100 a temporary use would be a difficult call. Henry White, American Legion Commander,
101 noted that the Legion understands that temporary means they could lose the parking at the
102 city's call. The Mayor suggested that the Legion consider buying a portion such as a half
103 acre. Mr. Grochala noted that splitting the land could inhibit its future sale. Mr. White
104 stressed that the American Legion facility clearly doesn't have adequate parking but it's a
105 good community organization that serves the area and doesn't make a lot of money. The
106 council discussed the option of joining the current Legion parking with adjacent Fire
107 Department lot to gain parking space. Staff will continue to work with the Legion on
108 options and report back to the council.
109
110 5. Update on 49/J Development Proposal — Economic Development Coordinator
111 Divine reviewed her written update on the grocery store proposal. As recommended
112 previously by the council, a public meeting was held on the proposal. Approximately 75
113 people attended the meeting and some voiced their concerns about such things as noise,
114 size of store, traffic, proximity to residential area and 24 hour operations. Staff has since
115 met with the developer and has heard from them that they would not be interested in
116 building a smaller store (she shared market information for the area that the developer
117 had provided). She noted the master planning that has been done for the area and the
118 need for infrastructure improvements for new development. She also reviewed the
119 concept of tax increment financing for those improvements, as has been discussed
120 previously.
121
122 The mayor noted that without agreement on all sides of the matter, there really isn't a
123 project in his eyes. He disclosed that he has spoken with the developer and has heard
124 their needs and why they can't change them. He also understands what the neighbors are
125 saying. Ms. Divine remarked that if the 50,000 square foot store isn't acceptable to the
126 council, more discussion may not be needed; also the tax increment element won't be
127 available indefinitely. The development could be proposed without city assistance (tax
128 increment) however no faunal application has been received. The mayor remarked that
129 he sees it is appropriate for the council to give the developer an answer on the project; his
130 preference would be to give them an answer other than just "no". In that light, his
131 question would be "if not this, what?" understanding that something will eventually be
132 developed at the site.
133
3
WS — Item 3
WORK SESSION STAFF REPORT
Work Session Item 3
Date: Council Work Session, June 6, 2011
To: City Council
From: Michael Grochala
Re: American Legion Parking
Background
The American Legion has approached the city council regarding the possibility of leasing city
owned property for parking. The City Council discussed this issue on May 2, 2011 and directed
staff to evaluate combining the Legion and Fire Department parking lots.
Analysis
City staff prepared two options for parking expansions between the two existing parking lots.
Option 1 expands the legion parking with the landscape/green area between the two parking lots
and creates a 45 degree angle parking lot with 10 additional spaces. The proposal would require
the transfer of land to the American Legion as well as reconstruction of the majority of the
existing parking lot and stormwater conveyance system.
Option 2 combines the two existing parking facilities but only increases the number of available
stalls by two.
Given the potential costs and the minimal increase in parking spaces neither option appears
viable.
Council Direction
Staff is requesting council direction regarding the following:
1. Does the Council want to allow public land to be used for private purposes?
2. Does the Council want to consider lease or sale of public property to the American
Legion?
Attachments
1. Legion/Fire Department parking options
1
CITY COUNCIL WORK SESSION June 6, 2011
APPROVED
46 his experience, structure and accountability is what will make things happen. Mr.
47 Karlson added that staff will use the document to make a plan, come back and get council
48 buy in and formulate a process to use the plan regularly.
49
50 3. American Legion Parking — Community Development Director Grochala
51 reported that staff has looked at the suggestion to join the American Legion parking lot
52 with the adjacent Centennial Fire District lot in order to gain needed parking for the
53 Legion. He has presented two options for expansion in his report but noted that neither
54 option appears to add much additional space. It doesn't appear that combining parking
55 will be a good option.
56
57 The council discussed the current situation of the Legion utilizing fire station parking
58 when it is not needed by the department and wondered about the possibility of a simple
59 lease associated with that use. The council directed staff to work with the Centennial
60 Fire District chief on the lease concept, understanding it would have to be very structured.
61
62 4. On -Street Parking Regulations — Community Development Director Grochala
63 explained that staff is responding to the council's request to address on -street parking
64 requirements as they relate to truck and equipment parking. Currently there are no
65 restrictions on such parking except for the city's overall winter parking restrictions and
66 zoning restrictions relating to parking on property. Staff has drafted a proposed
67 amendment to the city code that would prohibit parking of trucks exceeding a specified
68 weight as well as trailers, recreational vehicles and boats. The restrictions would apply
69 on all city streets, not just residential.
70
71 The council expressed some concern about the nature of the city and that it may not be
72 appropriate to restrict recreational vehicle and boat parking overall. Police Chief
73 Swenson noted that there will not be a perfect ordinance that addresses all problems
74 without over extending; there has to be an element of common sense used when enforcing
75 restrictions. There is the option of providing a permit (or exemption) from the rules
76 when requested for individual situations. The Chief noted that he is comfortable with the
77 proposed restrictions; whether or not they apply to recreational vehicles is a policy
78 decision for the council.
79
80 The council discussed the proposed restrictions and concurred that they will consider an
81 ordinance that prohibits truck parking (over a certain weight), as well as trailers and
82 recreational vehicles; they would like a waiver process included however. The ordinance
83 should not restrict boat or boat trailer parking.
84
85 6. LMCIT's Liability/Property/Casualty Insurance Program — Finance Director
86 Rolek offered a general explanation of the process used for claims through the League of
87 Minnesota Cities Insurance Trust. The League provides most cities in Minnesota with
88 insurance mainly because it is the most cost effective means. The city provides the
89 League with certain data upon which they determine a risk/premium and a deductible
90 ($1,000 for this city). When damage occurs and a claim is to be made, the city gets a
2
WS — Item #3
WORK SESSION STAFF REPORT
Work Session Item No. 3
Date: November 2, 2015
To: City Council
From: Michael Grochala, Community Development Director
Re: Cedar Street Improvements
Background
Council members recently received inquiries regarding the future improvement of Cedar
Street, lying north of the Clearwater Creek residential area. Discussion of this agenda
item was requested by Council Member Roeser and Mayor Reinert.
Cedar Street serves both industrial traffic from the Clearwater Creek Business Park and
residential traffic from both Clearwater Creek and Hugo. The street is designated as a
collector on our transportation plan. The segment from Otter Lake Road to Clearwater
Creek Parkway is on the City's Municipal State Aid System.
Cedar Street has been on our CIP as a planned project for a number of years. WSB is
currently completing an update of the proposed project. The project would include the
reconstruction of the roadway from Otter Lake Road to a point approximately 1,340 east
to meet current city standards with curb and gutter. The remaining section from that
point easterly to Hugo City limits would be reconstructed, temporarily, as a paved rural
section. This section would be reconstructed in the future concurrent with additional
development of the industrial park.
The project cost is estimated at approximately $900,000. The project is not currently
funded. Proposed funding includes reconstruction dollars collected at time of industrial
park development and municipal state aid funds. The project is currently scheduled for
2017 pending available funding.
Requested Council Direction
None Required.
Attachments
1. Project Location Map
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WS — Item #4
WORK SESSION STAFF REPORT
Work Session Item No. 4
Date: November 2, 2015
To: City Council
From: Katy Thompson, WSB & Associates, Inc.
Re: Floodplain Ordinance Update
Background
As part of a national five-year map modernization effort, FEMA floodplain maps are in the
process of being updated for the state of Minnesota. If available, newer flood elevation data are
being used, and newer elevation data (topography) are being used to draw the boundaries of the
floodplain. The new maps will have aerial photo backgrounds, to make it easier to find specific
addresses, and will also be produced digitally for use with computer mapping programs. The
City of Lino Lakes floodplain maps were last updated in 1982. These maps are used to
determine flooding risks and flood insurance premiums for property owners.
FEMA has issued their Final Letter of Determination for the updated Anoka County Flood
Insurance Study and Flood Insurance Rate Maps. As part of the process, communities
participating in the National Flood Insurance Program, like Lino Lakes, must adopt new
floodplain management ordinances before the new maps become effective on December 16,
2015.
The Planning & Zoning Board held a public hearing on October 14, 2015. There were no
public comments. Staff and the Planning & Zoning Board recommend approval of the
ordinance amendment.
Staff is proposing to place the 1st Reading of the ordinance on the November 9, 2015 agenda
for City Council consideration.
Requested Council Direction
Staff requests City Council review and comment.
Attachments
1. Summary of changes
2. Draft Ordinance No. 10-15
WS — Item 5
WORK SESSION STAFF REPORT
Work Session Item No. 5
Date: November 2, 2015
To: City Council
From: Jeff Karlson
Re: Business Issues
Background
Councilmember Roeser recently brought to my attention a couple of issues he would like
the Council to discuss. They are as follows:
Americans with Disabilities Act: There was an article in the White Bear Press about a
serial litigator suing businesses in the area over disability access.
Commercial Recycling Requirement: Attached is a summary of the commercial recycling
law recently signed by Governor Dayton. Businesses affected by this law have to
generate at least three materials and four cubic yards of trash per week. For example, one
of the materials can be aluminum cans. Staff will try to work with businesses to promote
the City's aluminum can donation program. Multi -family buildings are included as
"service -providing industries."
Requested Council Direction
No action is required.
Attachments
MPCA Summary of Commercial Recycling Requirement
Minnesota Pollution Control Agency www.pca.state.rnn.us
Commercial recycling requirement
Frequently asked questions
1. What is the purpose of this requirement?
Approximately 75% of the things Minnesotans throw in the trash could be recycled:
• 34% is paper, plastic, metal, and glass
• 18% is food waste that could be donated to people, fed to animals, or composted
• 23% is compostable paper, yard waste, and other organic materials that could be composted
The commercial recycling requirement is an opportunity for businesses to decrease their waste, reduce their
tax liability by increasing recycling, and support Minnesota's recycling industry which creates approximately
37,000 direct and indirect jobs in the state. Increased commercial recycling, including organics diversion, is
an essential component of meeting state recycling goals.1
2. Who is responsible for compliance with the requirement?
The law states that the "owner of a commercial building shall ensure that facilities under its control" are
collecting at least three materials for recycling. Recycling is required when:
• at least one occupant of the building falls under North American Industrial Classification System
(NAICS) codes 42 through 81, and
• the total trash generated by the building is four cubic yards or more per week
Even if tenants contract for their own trash hauling services, the building owner is responsible for ensuring
compliance with the recycling law. It may be prudent to require compliance through the terms of the lease.
3. Is each business in a multi -tenant building required to have recycling?
The legislative intent of the law is to maximize recycling. This can be accomplished in commercial buildings
in a number of ways, depending on space considerations and the nature of the recyclable materials
generated. For example, some buildings may have recycling collection at each business, while others may
opt for centralized collection in trash rooms or a dock space.
Recognizing that tenants may produce significantly different recyclable materials, the opportunities
provided by a building owner should be flexible enough to accommodate the needs of all tenants. Tenants
are encouraged to work with their building owner to establish effective recycling opportunities, and to seek
external recycling options for unique materials requiring specialized collection, such as textiles.
4. Are buildings required to provide recycling collection directly to customers (i.e. in space accessible to
customers such as lobbies, walkways, restrooms, etc.)?
Businesses that provide a trash disposal opportunity for their customers should also provide a recycling
opportunity for the recyclable materials generated onsite (e.g. plastic recycling for soda bottles at a food
court). Recycling programs are most successful and maximize the amount of material recycled when trash
and recycling collection containers are co -located and have clear signage.
1 Goals set through the Metropolitan Solid Waste Management Policy Plan, County Master Plans, and state law calling for a
metro recycling goal of 75% by 2030.
Minnesota Pollution Control Agency
651-296-6300 1 800-657-3864 1 TTY 651-282-5332 or 800-657-3864
March 2015 1 w-sw10-02
Available in alternative formats
5. Are multifamily residential buildings such as apartments and condos included? What other businesses are
included?
Yes, multifamily housing is included under NAICS code 53.
The law applies to businesses in the "Service -Providing Industries" group, but does not include businesses in
the "Goods -Producing Industries" group.
Examples of businesses that fall under the law include:
• retail and rental stores
• grocery stores
• legal and financial
institutions
• gas stations
• wholesalers
• healthcare providers
• transportation providers
(airlines, railroads, etc.)
• media and publishing firms
• professional services firms
• post offices
A complete list of NAICS sectors can be found online.
• educational institutions
• entertainment and sports
venues
• hotels, restaurants, and bars
• religious establishments
• nonprofits
6. Can I save money by increasing my building's recycling?
By increasing your recycling, you may be able to reduce the container size or frequency of your trash
collection. In Minnesota, there is a 17% state solid waste management tax charged on all commercial trash
bills, but there is no tax on recyclables, including organics. In addition, many counties also charge taxes or
fees on trash, some as high as 53%. By targeting high volume recyclable materials within your building, you
can maximize the potential savings. Contact your hauler to discuss "right -sizing" your service and see what
you might save on your monthly bill.
7. What if my building is not in compliance by the effective date?
The Minnesota Pollution Control Agency (MPCA) recognizes that it is likely not all commercial buildings that
meet the recycling requirement will be in compliance by the effective date. Enforcement of the law will be a
part of this process but MPCA's strategy puts emphasis first on awareness, education, outreach, and
assistance. Many cities and counties also provide assistance to commercial entities for setting up effective
recycling programs and purchasing recycling containers.
8. What is the MPCA's plan for informing impacted parties of the new statute?
The MPCA is working with stakeholders including counties, cities, haulers, businesses, building owners, etc.,
to develop a comprehensive and consistent approach for outreach, education, and assistance. The MPCA is
also working to aggregate resources that will be of use to businesses in need of establishing new programs,
as well as those who wish to expand existing programs. Additional MPCA Guidance specific to the statute
will be available to businesses as it is developed. More information can be found online.
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March 2015 I w-sw10-02