HomeMy WebLinkAbout06-07-21-SWSAGENDA ITEMS
Shoreland Ordinance And Lake Classification Discussion
Jessica Jagoe, Senior Planner
MEMO.PDF
ATTACHMENT A.PDF
ATTACHMENT B.PDF
ATTACHMENT C.PDF
ATTACHMENT D.PDF
ATTACHMENT E.PDF
ATTACHMENT F.PDF
COVID -19 Operations
Dave Perrault, City Administrator
MEMO.PDF
COUNCIL/STAFF COMMENTS
ADJOURN
Mayor:
David Grant
Councilmembers:
Brenda Holden
Fran Holmes
Dave McClung
Steve Scott
Special City Council
Work Session Agenda
June 7, 2021
5:45 p.m. or immediately
following Joint Development
Authority (JDA)
City Hall
Address:
1245 W Highway 96
Arden Hills MN 55112
Phone:
651 -792 -7800
Website :
www.cityofardenhills.org
City Vision
Arden Hills is a strong community that values its unique environmental setting, strong residential
neighborhoods, vital business community, well -maintained infrastructure, fiscal soundness, and our
long -standing tradition as a desirable City in which to live, work, and play.
This meeting can be accessed remotely by joining via Zoom
T o join the Zoom Meeting via your computer, click this link (or copy and paste it
into a new browser): https://us02web.zoom.us/j/84233561165
CALL TO ORDER
1.
1.A.
Documents:
1.B.
Documents:
2.
Page 1 of 7
Agenda Item – 1A
MEMORANDUM
DATE: June 7, 2021
TO: Honorable Mayor and City Councilmembers
Dave Perrault, City Administrator
FROM: Jessica Jagoe, Senior Planner
SUBJECT: Shoreland Ordinance and Lake Classification Discussion
Budgeted Amount: Actual Amount: Funding Source:
N/A N/A N/A
Council Should Consider the Following
The City Council should provide further direction on lake classification and Planning Case 21-
008, Ordinance Amendment to Section 1330.03 Subd. 5, E of the Arden Hills City Code.
Background
At its May 24, 2021 Regular Meeting, the City Council reviewed the Zoning Code Amendment
for Planning Case 21-008 to permit accessory storage sheds within the required structure setback
from the ordinary high water level of up to 100 square feet in size and 8 feet in height. At that
meeting, the City Council tabled the amendment to allow for further discussion and review of
lake classifications.
Historical Information
In 1969, the State of Minnesota passed the Shoreland Management Act due to concerns over
rapid development, crowding, and declining water quality and recreational value of the State’s
lakes and rivers. From 1967 – 1982, the Minnesota Department of Natural Resources (DNR)
noted a shoreland development increase by about 74% with conversion of seasonal cabins to
permanent dwellings and development of new permanent homes. This act directed the DNR to
develop rules and oversee programs for shoreland management for Cities and Counties. In 1976,
the DNR adopted Shoreland rules for Cities. These Shoreland rules are MN Rules Chapter 6120,
Shoreland and Floodplain Management.
In response to the adoption of State rules, the City in 1984 studied the differences between our
existing zoning controls and the State Shoreland Management Standards. This research and
review was completed by a Shoreland subcommittee. Their recommendations for
reclassification of several lakes, and relaxation of lot area and lot coverage requirements were
Page 2 of 7
presented to and supported by both the Planning Commission and City Council. On December
26, 1984, the City submitted a preliminary request to the DNR for comment prior to submittal of
the formal request (Attachment A). This letter included a summary of City comments for
seeking the lake reclassification which were due to existing development and present zoning
being relatively compatible with the requirements of General Development, the lot area
requirements of Recreational Development classification exceed existing development (95%+
developed) and present zoning, and General Development classification more compatible with
development around the lake. The City received a response from the DNR of a willingness to
accept all of the requested changes with the exception of riparian lot dimensions for Valentine
Lake (Attachment B). Based on that direction, the City Council passed Resolution 85-22, Lake
Reclassification and Zoning Provision Modifications on May 13, 1985 to request official
approval from the DNR (Attachment C). The City’s resolution is in accordance with MN Rules
6120.3000 Subp. 4 which states “any local government may at any time submit a resolution
and supporting data requesting a change in any shoreland management classification of
waters within its jurisdiction to the commissioner for consideration.” The following items
were the reclassifications and development controls the City was requesting:
Lake Josephine
• Relaxation of General Development requirements to allow –
o 14,000 square foot lot area for riparian lots.
o 35% lot coverage
Lake Johanna
• Reclassification from Recreational Development to General Development
• Relaxation of General Development requirements to allow –
o 14,000 square foot lot area for riparian lots.
o 35% lot coverage
Little Lake Johanna
• Reclassification from Recreational Development to General Development
• Relaxation of General Development requirements to allow –
o 14,000 square foot lot area for riparian lots.
o 35% lot coverage
Valentine Lake
• Relaxation of Natural Environment requirements to allow -
o 14,000 square foot lot area for non-riparian lots.
o 35% lot coverage
Round Lake
• Relaxation of Recreational Development requirements to allow -
o 14,000 square foot lot area for non-riparian lots.
o 35% lot coverage for residential districts
o 75% lot coverage for industrial and commercial districts
Karth Lake
• Reclassification from Recreational Development to General Development
• Relaxation of General Development requirements to allow –
o 14,000 square foot lot area for riparian lots.
Page 3 of 7
o 35% lot coverage
Sunfish Lake
• Relaxation of Natural Environment requirements to allow -
o 35% lot coverage for residential lots
o 75% lot coverage for commercial lots
Note: The DNR regulations in 1984 allowed a maximum of 30% for lot coverage on residential
properties. Today’s requirement under MN Rule Section 6120.3300 is a maximum of 25% for
lot coverage.
The table below compares the City’s shoreland regulations and current Minnesota Rule
6120.3300 Subp. 2a for Lot Area, Setback from Ordinary High Water (OHW), and lot coverage
by lake classification.
Between 1985 and today, that resolution was either never sent or lost on the part of the DNR.
To aid in the work session discussion Staff has created exhibits (Attachment D) of
areas/neighborhoods around Lake Johanna, Little Lake Johanna, and Karth Lake with Structure
Minimum setback information shown for Recreational Development and General Development
lake classifications as a reference for reviewing location of existing development around these
lakes.
Ordinance Revisions
The City’s first ordinance adoption for shoreland requirements was in September 1985,
Ordinance No. 237, which was previously referred to as “Arden Hills Shoreland Management
Ordinance”. This ordinance incorporated the language and reclassifications as recommended in
the May 1985 resolution. Much of today’s ordinance maintains that same language and has
remained essentially unchanged over the years. These shoreland requirements have been used by
the City in administering and issuance of land use, zoning, and building permits since adoption
of the ordinance. Since adoption, the City has issued approximately five variances to the
shoreland ordinance requirements relating to structure setback from OHW.
City Ord. -
Natural
Environment
Waters
MN Rule 6120
- Natural
Environment
City Ord. -
Recreational
Development
Waters
MN Rule 6120
– Recreational
Development
City Ord. -
General
Development
Waters
MN Rule 6120 -
General
Development
Lot Area
(riparian) 40,000 40,000 20,000 20,000 14,000 15,000
Lot Area
(nonriparian) 14,000 20,000 14,000 15,000
14,000 (R-1)
11,000 (R-2, R-3,
and R-4) 10,000
Structure
Minimum
Setback from
OHW 150 150 75 75 50 50
Lot Coverage 35% 25% 35% 25% 35% 25%
Page 4 of 7
There have been a few ordinance revisions over the years. The City completed the codification
of city ordinances in 2001 in which the Shoreland Management Ordinance was renumbered to
Section 334. At that time it was noted that minor updates were made to address some of the
technical requirements set by the DNR. This process occurred again in November 2006 with the
shoreland ordinance being renumbered to Section 1330, Shoreland Regulation and it was said
during this re-codification process that most of the zoning code was unaltered.
The most substantive update of the shoreland ordinance occurred between 2009 and 2010. For
this ordinance amendment, the Planning Commission and City Council held a number of work
sessions as well as a Community Meeting on May 21, 2009. This ordinance review was intended
to address a number of holes that still remained unaddressed after the 2002 update. During this
process the City conducted an extensive review of development regulations including, but not
exclusive to, exceptions to OHW setbacks, wetland setbacks, accessory structure allowances,
additional definitions, removal of vegetation and grading and filling standards in order to gain a
greater consistency with the DNR guidelines. This research did not involve review of lake
classifications. However, incorporated into this ordinance amendment Little Lake Johanna was
shifted to a Recreational Development Lake. It is suspected that the inconsistency in lake
classification was caught as part of that review and amended to reflect DNR categorization. No
resolution was passed or necessary for the change in classification because the City was updating
our language to be in conformance with the DNR. It is unknown in review of the record of why
Lake Johanna was not modified or if Staff was aware of its inconsistency in lake classification.
This amendment process was completed on February 22, 2010 when the City passed Ordinance
2010-004.
Lake Classification
For the work session discussion, the City Council has asked to review the three lakes as
recommended for reclassification and gather information on how lake classification
determinations are made. Lake classification is used to determine lot size, setbacks and, to a
certain degree, land uses on adjacent land. The classification does not pertain to surface water
use of boats or motors, hunting or fishing or fish management. Those are governed by other
regulations. Minnesota Rule 6120.3000 Subp. 1a. identifies the types of public water classes
with a general description of each class. For this report staff has provided below the descriptions
for waterbody classifications specific to the reclassification discussion:
A. Natural environment lakes are generally small, often shallow lakes with limited
capacities for assimilating the impacts of development and recreational use. They
often have adjacent lands with substantial constraints for development such as
high water tables, exposed bedrock, and unsuitable soils. These lakes, particularly
in rural areas, usually do not have much existing development or recreational use.
B. Recreational development lakes are generally medium-sized lakes of varying
depths and shapes with a variety of landform, soil, and groundwater situations on
the lands around them. They often are characterized by moderate levels of
recreational use and existing development. Development consists mainly of
seasonal and year-round residences and recreationally-oriented commercial uses.
Many of these lakes have capacities for accommodating additional development
and use.
C. General development lakes are generally large, deep lakes or lakes of varying
sizes and depths with high levels and mixes of existing development. These lakes
Page 5 of 7
often are extensively used for recreation and, except for the very large lakes, are
heavily developed around the shore. Second and third tiers of development are
fairly common. The larger examples in this class can accommodate additional
development and use.
The DNR provides information on their website on the data points used in determination of lake
classifications as noted below:
Natural Environment Lakes – Natural Environment Lakes usually have less than 150
total acres, less than 60 acres per mile of shoreline, and less than three dwellings per
mile of shoreline. They may have some winter kill of fish; may have shallow, swampy
shoreline; and are less than 15 feet deep.
Recreational Development Lakes – Recreational Development Lakes usually have
between 60 and 225 acres of water per mile of shoreline, between 3 and 25 dwellings
per mile of shoreline, and are more than 15 feet deep.
General Development Lakes – General Development Lakes usually have more than
225 acres of water per mile of shoreline and 25 dwellings per mile of shoreline, and are
more than 15 feet deep.
In addition to lake size, shoreline, and depth, the DNR also considers existing development,
crowing potential, ecological classification, soil, slope, and vegetation as part of their aggregate
assessment. The table below identifies the three lakes under review as part of this discussion
along with the lake classification and other pertinent statistical information.
City Lake
Classification
DNR Lake
Classification
Resolution
85-22
Lake Size* Lake
Depth*
Shore
Length*
Lake
Johanna
General
Development
Recreational
Development
General
Development
211.91
acres (DNR)
205.99
acres
(MPCA)
17 feet to
43 feet
(DNR)
3.02 miles
(DNR)
Little
Lake
Johanna
Recreational
Development
Recreational
Development
General
Development
17.17 acres
(DNR)
17.01 acres
(MPCA)
28 feet
(DNR)
38 feet
(MPCA)
0.7 miles
(DNR)
Karth
Lake
General
Development
General
Development
General
Development
18.45 acres
(MPCA) Unknown 0.9 miles
(DNR)
*Statistical information was obtained from the DNR or Minnesota Pollution Control Agency
(MPCA).
As part of the City’s 1984 preliminary request, I have copied below the justification statements
that were included in the letter to the DNR for seeking the lake reclassification and changes to
development controls for the three lakes applicable to the work session discussion:
• Lake Johanna: The shoreline and shoreland area of Lake Johanna is 95 percent
developed, with only a few platted lots and a minimal amount unplatted land remaining
Page 6 of 7
vacant. Furthermore, the lake’s development density meets the General Development
criteria.
The minimum area for lots in the R-1 District is 14,000 square feet for both riparian and
nonriparian lots; in the R-2 District, the minimum lot area is 11,000. Since nearly all lots
are developed or are platted lots of record, it is considered desirable to establish the
waterfront lot area to be consistent with the size of the majority of existing lots.
Likewise, a 35 percent lot coverage would be consistent with current development.
• Little Lake Johanna: The Arden Hills portion of the shoreland is completely developed
with large parcel institutional uses (college campus and nursing home) and single-family
lots platted under the 14,000 square foot minimum lot area requirement. Reducing the
15,000 General Development requirement to 14,000 square feet for riparian lots would be
consistent with present ordinance requirements and existing development. The 35
percent coverage would also be consistent with existing development.
• Karth Lake: The shoreline and shoreland area of Karth Lake is almost totally platted and
developed under R-1 zoning, allowing 14,000 square foot lots and 35 percent coverage.
Furthermore, the development density meets the General Development criteria.
Reclassification to General Development, the allowance of 14,000 square foot lot area for
all lots (riparian and nonriparian), and a coverage increase to 35 percent would be
consistent with existing residential development.
Current Impacts
In 2019, the City contacted the DNR upon discovery of the discrepancy between the shoreland
classification for Lake Johanna (Attachment E). The DNR replied to the City acknowledging
receipt of a 1984 request for shoreland reclassification of Lake Johanna, Little Johanna Lake, and
Karth Lake from Recreational Development to General Development, but noted that there was
no record of ever receiving the resolution, and therefore the DNR did not finalize the
classification changes. It was stated that the DNR still concurs with the reasoning supporting the
requested reclassifications of these three lakes made in 1984 and is ready to officially adopt the
new classifications upon receipt of a resolution. City staff is unsure if Resolution 85-22 was
submitted to the DNR and/or if it was misplaced in processing on their end. However, no formal
action has been taken to date by the DNR for formal approval.
This past month City staff contacted Dan Scollan, East Metro Area Hydrologist with the DNR,
regarding next steps and available options for proceeding with Resolution 85-22. Mr. Scollan
has indicated that the DNR has reviewed the 1984/85 documentation and would proceed with
approval of Resolution 85-22 as submitted. Their decision in support of the reclassifications is
the result of the lake classification factors having not appreciably changed since 1985. Looking
at all of the classification criteria holistically, the DNR still agrees with the City’s reasoning
presented in 1985 and concurs that the area development is still consistent with the 1985 Council
request as outlined. As an alternate, the DNR would also process reclassification of just one of
the lakes in Resolution 85-22, but would need submittal of a new resolution that requests only
the reclassification(s) the City is currently seeking. It should be noted that a change on the City’s
part in lake classification other than what is noted under current ordinance may result in existing
development/structures around that particular lake becoming legal nonconforming due to newly
applicable lot dimensional standards (i.e. lot area, lot width, and setbacks).
Page 7 of 7
Next Steps
Planning Staff is looking for Council direction on handling of Resolution 85-22 with regards to
processing approval from the DNR on lake classification and development controls.
Processes for Council consideration include the following –
1) Council directive for submittal of Resolution 85-22 to the DNR as approved on May 13,
1985.
a. This action would require an ordinance amendment to Section 1330.02 Subd. 1,
Classification of Lakes to classify Little Johanna as General Development.
2) Council directive to request a modified version of lake reclassification (i.e. one or two of
the three previously named lakes) along with the development control standards as
prepared in 1985.
a. This action would require a new resolution for the DNR stating lake
reclassifications requested and reiteration of development control standards as
prepared in 1985., and/or
b. An ordinance amendment to Section 1330.02 Subd. 1, Classification of Lakes in
accordance with lake classifications as determined.
3) Council directive to adopt the current lake classifications as categorized by the DNR.
a. This action would require a new resolution for the DNR for approval of the
development controls standards as prepared in 1985., and
b. An ordinance amendment to Section 1330.02 Subd. 1, Classification of Lakes to
classify Lake Johanna as Recreational Development.
Budget Impact
N/A
Attachment
A. Preliminary Request Letter
B. DNR Comments
C. Resolution 85-22
D. Lake Setback Maps
E. 2019 DNR Reclassification Letter
F. Presentation Slides
S/SE Side of Lake Johanna
West Side of Lake Johanna
N/NE Side of Lake Johanna
East Side of Lake Johanna
CENTRAL REGION
1200 WARNER ROAD
SAINT PAUL, MN 55106
651-259-5800
Page 1
October 9, 2019
Mike Mrosla
Community Development Manager/City Planner
1245 W Highway 96
Arden Hills, MN 55112
RE: Shoreland Classification Status of Johanna, Little Johanna, and Karth Lakes
Mike,
You contacted me recently by email concerning a discrepancy between the City’s and DNR’s shoreland classification for
Lake Johanna (62007800). The City lists the classification of this lake as General Development (GD) and has treated it as
such in its shoreland ordinances since the 1980s, while DNR has had it classified as Recreational Development (RD). You
wanted to know why this discrepancy existed.
In looking through our records, I discovered that in 1984 the City had requested that the shoreland classification for Lake
Johanna, as well as Little Johanna Lake (62005800) and Karth Lake (62007200), be changed from their original RD
classifications to GD. At that time, the City presented evidence and arguments in support of the reclassification to GD.
DNR agreed with the City’s reasoning, and responded with a letter to the City informing them that the request would be
approved when DNR received notice of a resolution from the City requesting the reclassification, as required by
Minnesota Rule Part 6120.3000 Subpart 3. Unfortunately, DNR has no record of ever receiving the resolution, and
therefore DNR did not finalize the classification changes.
DNR still concurs with the reasoning supporting the requested reclassifications of these three lakes made in 1984 and is
ready to officially adopt the new classifications. However, in order to do so we still require a resolution from the City
requesting the change and summarizing the rationale for the reclassification decision.
It is possible that the City of Arden Hills passed a resolution and DNR did not receive it or we did and it did not get filed
properly. If the City can submit a copy of a past resolution, we would regard that as sufficient. If the City never passed a
resolution, we request that the City of Arden Hills do so now as an official statement of its position on this subject, and
submit it to DNR. We will then officially change the shoreland classifications of all three lakes to GD.
Attached please find copies of the original correspondence, as well as a resolution from another City as an example.
Please feel free to contact me if you have additional questions on this.
Sincerely,
Jenifer Sorensen, East Metro Area Hydrologist
MN Department of Natural Resources
1200 Warner Road, St. Paul, MN 55106
651-259-5754; jenifer.sorensen@state.mn.us
Page 2
Attachments: Letter, Wehrman Counsultants Associated Inc. to DNR, 12/26/1984
Letter, DNR to City of Arden Hills, 02/26/1985
Sample Shoreland Reclassification Resolution, City of Cohasset, 12/14/2017
c: Jeanne Daniels, DNR EWR Region 3-South District Manager
Kathy Metzker, DNR Land Use Program Hydrologist
Dan Petrik, DNR Land Use Program Specialist
•Planning Case #21-0008 –
Ordinance Amendment to Section
1330.03 Subd. 5 E
•Applicant: City of Arden Hills
•Request: Zoning Code Amendment
Background
•May 24, 2021 Regular Meeting, the City Council reviewed the Zoning
Code Amendment for Planning Case 21-008.
•This amendment is to permit accessory storage sheds within the
required structure setback from the ordinary high water level of up to
100 square feet in size and 8 feet in height.
•The City Council tabled the amendment to allow for further discussion
and review of lake classifications.
Historical Information
•1969 -State of Minnesota passed the Shoreland Management Act due to concerns over rapid
development, crowding, and declining water quality and recreational value of the State’s lakes
and rivers.
•1967 –1982 -the Minnesota Department of Natural Resources (DNR) noted a shoreland
development increase by about 74%.
•1976 -the DNR adopted Shoreland rules for Cities. These Shoreland rules are MN Rules Chapter
6120, Shoreland and Floodplain Management.
•1984 -In response to the adoption of State rules, the City studied the differences between our
existing zoning controls and the State Shoreland Management Standards.
Reclassification Process
•MN Rules 6120.3000 Subp. 4 which states “any local
government may at any time submit a resolution and
supporting data requesting a change in any shoreland
management classification of waters within its jurisdiction to
the commissioner for consideration.”
•December 1984 -City submitted a preliminary request to the
DNR for comment prior to submittal of the formal request.
•February 1985 –DNR responds of a willingness to accept all
of the requested changes.
•May 13, 1985 -City Council passed Resolution 85-22, Lake
Reclassification and Zoning Provision Modifications to request
official approval from the DNR.
Due to existing development and
present zoning being relatively
compatible with the requirements of
General Development.
The lot area requirements of
Recreational Development classification
exceed existing development (95%+
developed) and present zoning.
General Development classification
more compatible with development
around the lake.
Resolution 85-22
•Lake Johanna from Recreational Development to General Development
•Little Lake Johanna from Recreational Development to General
Development
•Karth Lake from Recreational Development to General Development
Lake
Reclassification
•Relaxation of General Development requirements to allow 14,000
square foot lot area for riparian lots
•Relaxation of Natural Environment requirement to allow 14,000
square foot lot area for non-riparian lots on Valentine Lake Lot Area
•35% Maximum allowed
•75% for Industrial and Commercial Districts around Round LakeLot Coverage
Comparison of City’s shoreland regulations and
current Minnesota Rule 6120.3300 Subp. 2a
City Ord. -
Natural
Environment
Waters
MN Rule
6120 -
Natural
Environment
City Ord. -
Recreational
Development
Waters
MN Rule 6120
–
Recreational
Development
City Ord. -
General
Development
Waters
MN Rule 6120 -
General
Development
Lot Area
(riparian)40,000 40,000 20,000 20,000 14,000 15,000
Lot Area
(nonriparian)14,000 20,000 14,000 15,000
14,000 (R-1)
11,000 (R-2, R-3,
and R-4)10,000
Structure
Minimum
Setback from
OHW 150 150 75 75 50 50
Lot Coverage 35%25%35%25%35%25%
Ordinance Revisions
•1985 -City adoption for shoreland requirements -Ordinance No. 237 referred to as “Arden Hills Shoreland Management Ordinance”
•This ordinance incorporated the language and reclassifications as recommended in the May 1985 resolution.
•2001 -Codification of city ordinances in which the Shoreland Management Ordinance was renumbered to Section 334
•Minor updates to address some of the technical requirements set by the DNR.
•2006 -Recodification of shoreland ordinance was renumbered to Section 1330, Shoreland Regulation
•2010 -Ordinance 2010-004 to address a number of holes that still remained unaddressed
•Review of development regulations including exceptions to OHW setbacks, wetland setbacks, accessory structure allowances, additional definitions, removal of vegetation and grading and filling standards in order to gain a greater consistency with the DNR guidelines.
•This research did not involve review of lake classifications.
•Incorporated into this ordinance amendment Little Lake Johanna was shifted to a Recreational Development Lake.
Lake Classification –MN Rule 3120.3000 Subp. 1a
Natural environment lakes are generally small, often shallow lakes with limited capacities for assimilating
the impacts of development and recreational use. They often have adjacent lands with substantial
constraints for development such as high water tables, exposed bedrock, and unsuitable soils. These lakes,
particularly in rural areas, usually do not have much existing development or recreational use.
Recreational development lakes are generally medium-sized lakes of varying depths and shapes with
a variety of landform, soil, and groundwater situations on the lands around them. They often are
characterized by moderate levels of recreational use and existing development. Development consists
mainly of seasonal and year-round residences and recreationally-oriented commercial uses. Many of
these lakes have capacities for accommodating additional development and use.
General development lakes are generally large, deep lakes or lakes of varying sizes and depths with high
levels and mixes of existing development. These lakes often are extensively used for recreation and, except
for the very large lakes, are heavily developed around the shore. Second and third tiers of development are
fairly common. The larger examples in this class can accommodate additional development and use.
NE Lakes
•Little development
•Shallow –small
•Most sensitive to
development
RD Lakes
•Moderately developed
•Deeper -bigger
•Less sensitive to
development
GD Lakes
•Most developed
•Deepest -biggest
•Least sensitive to
development
Source: DNR
Criteria NE RD GD
Existing Development Density or Intensity
(units/mile of shoreline)
Less than 3 units/mile Between 3 & 25
units/mile
Over 25 units/mile
Crowding Potential
(acres of water surface/mile of shoreline)
Less than 60 acres of
water/mile
Between 60 and 225
acres of water/mile
Over 225 acres of
water/mile
Ecological Classification (winterkill of fish)Yes No No
Lake Depth Less than 15 feet Over 15 feet Over 15 feet
Soil Clay,wet soils Sand or loam Sand or loam
Slope Flat Moderate to steep Moderate to steep
Vegetation Shrubs, few trees Trees and shrubs Trees and shrubs
1970 Shoreland Classification Criteria
Source: DNR
Lake Classifications
City Lake
Classification
DNR Lake
Classification
Resolution 85-22 Lake Size Lake Depth Shore
Length
Lake Johanna General
Development
Recreational
Development
General
Development
211.91 acres
(DNR)
205.99 acres
(MPCA)
17 feet to 43
feet (DNR)
3.02 miles
(DNR)
Little Lake
Johanna
Recreational
Development
Recreational
Development
General
Development
17.17 acres
(DNR)
17.01 acres
(MPCA)
28 feet (DNR)
38 feet (MPCA)
0.7 miles
(DNR)
Karth Lake General
Development
General
Development
General
Development
18.45 acres
(MPCA)
Unknown 0.9 miles
(DNR)
Current Impacts
•October 2019 -DNR acknowledges receipt of a 1984 preliminary request
and reaffirms still concurs with the 1984 reasoning supporting the
requested reclassifications.
•Current -DNR has reviewed the 1984/85 documentation and would
proceed with approval of Resolution 85-22 as submitted. Due to lake
classification factors having not appreciably changed since 1985, looking at
all of the classification criteria holistically, and still agreeing with the City’s
reasoning presented in 1985 and concurring that the area development is
still consistent with the 1985 Council request as outlined.
•The DNR would also process a different variation of lake reclassification from 85-22, but would need
submittal of a new resolution.
•A change on the City’s part in lake classification other than what is noted under current ordinance may
result in existing development/structures around that particular lake becoming legal nonconforming due
to newly applicable lot dimensional standards (i.e. lot area, lot width, and setbacks).
Next Steps
Processes for Council consideration include the following –
•Council directive for submittal of Resolution 85-22 to the DNR as approved on May 13, 1985.
•This action would require an ordinance amendment to Section 1330.02 Subd. 1, Classification of Lakes to classify Little Johanna as General Development.
•Council directive to request a modified version of lake reclassification (i.e. one or two of the three previously named lakes) along with the development control standards as prepared in 1985.
•This action would require a new resolution for the DNR stating lake reclassifications requested and reiteration of development control standards as prepared in 1985., and/or
•An ordinance amendment to Section 1330.02 Subd. 1, Classification of Lakes in accordance with lake classifications as determined.
•Council directive to adopt the current lake classifications as categorized by the DNR.
•This action would require a new resolution for the DNR for approval of the development controls standards as prepared in 1985., and
•An ordinance amendment to Section 1330.02 Subd. 1, Classification of Lakes to classify Lake Johanna as Recreational Development.
Page 1 of 2
AGENDA ITEM – 1B
MEMORANDUM
DATE: June 7, 2021 TO: Honorable Mayor and City Councilmembers FROM: Dave Perrault, City Administrator SUBJECT: COVID-19 and City Operations
Budgeted Amount: Actual Amount: Funding Source:
N/A N/A N/A
For Council Consideration
Council may provide direction on ongoing COVID-19 and City operations.
Background
The City is currently operating under a modified COVID-19 operations plan. As mitigation
measures continue to be rolled back at the State and Federal level, the City Council may want to
consider making modifications to current operations. Those operations include:
-City Hall re-opening to the public: City Hall is slated to tentatively open to the public on July
1st, however, that was before the mask mandate repeal. City Staff is expected to return to City
Hall in-full on June 14th; given the mask mandate and capacity limits have been repealed, does
Council want to consider opening City Hall to the public on June 14th, too? This also plays into
the next item.
-City meetings in-person: As part of the COVID-19 state of emergency, meetings have been held
remotely. When City Hall re-opens to the public, it would be prudent to have public meetings in-
person again. The other complicating factor is whether or not the Governor repeals his
emergency declaration, which is slated to run through June 14th unless extended another thirty
days.
Should the Governor extend his emergency declaration another thirty days, the City can continue
with its current plan of June 14th having Staff back in the office, and July 1st for re-opening to the
public and in-person meetings. If the Governor does not extend his emergency declaration, does
the City want to follow suit? This would mean that on June 14th Council would have an item
rescinding its emergency order and starting June 15th City
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Hall would re-open to the public and in-person meetings would resume (the June 14th meeting
would still be held remotely regardless of the Governor’s actions). We may not know if the
Governor is planning to extend his emergency declaration until later in the week, and the
appropriate item for Council will be drafted at that time.
-Other COVID-19 mitigation measures: Staff is planning a lift on other COVID-19 mitigation
measures, such as, the mask mandate on June 14th (City employees have continued to wear
masks while indoors). We are also planning on events that would normally take place later in the
summer, such as, Bark and Rec Day, the Penny Carnival (late July), and the required annual
stormwater protection public meeting. Another item recently discussed by Staff is the
Committee/Commission picnic; this would be a good “back to normal” event to hold in early
August. Unless Council needs to discuss further, Staff can be begin planning for that event, too.
Lastly, as a heads up to Council, we did grant some flexibility last year to businesses to expand
outdoor operations (seating, serving of alcohol, etc.), the resolution specifically noted that this
flexibility would end when businesses can resume normal operations. We believe restaurants
currently can operate normally, and this would trigger the end of any expanded outdoor
operations. We only received three requests last year for this, and to the best of our knowledge
none of the three businesses are continuing the expanded outdoor operations, but we can
formally reach out and inform them the flexibility is no longer applicable (unless Council wanted
to consider allowing it on a temporary basis).
-Summer Hours: As previously noted to Council, the Public Works crew is operating on summer
hours; however, City Hall is still on its normal 8:00 am to 4:30 pm schedule. An item will be
brought forward to Council for official approval at an upcoming meeting that would set City
Hall’s schedule on summer hours starting July 6th.
Budget Impact
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Attachment
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