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HomeMy WebLinkAbout12/01/2008 Council PacketWORK SESSION AGENDA CITY OF LINO LAKES Monday, December 1, 2008 CITY COUNCIL WORK SESSION Community Room (not televised) 5:30 P.M. 1. Comprehensive Plan Discussion A. Future County Road 14/I -35W Interchange B. Metropolitan Council Affordable Housing study 2. Request to Amend Animal Ordinance 3. Variance to Shoreland Ordinance OHWL Setback Requirement — 1801 77th Street 4. Funding Request of I -35W North Corridor Coalition Update 5. Five -Year Financial Plan 6. Code Project — Title 600, Business and Activity Licenses 7. Open Meeting Law Allegation — Investigation Results 8. Regular Meeting Agenda Adjourn PAGE 1 • • • WS — Item 1 WORK SESSION STAFF REPORT Work Session Item 1 Date: Council Work Session, December 1, 2008 To: City Council From: Michael Grochala Re: Comprehensive Plan Discussion Background At the October 27, 2008 City Council meeting Mr. James Landsberger, 7849 Main Street, requested that the council pursue funding for the construction of an interchange at Main Street (CSAH 14) and I -35W. The council directed staff to report back with an update on improvements in this area. At the November 17, 2008 Comprehensive Plan work session the City Council requested additional information regarding the methodology used by Metropolitan Council to allocate affordable housing to communities within the seven county metropolitan area. The council also requested an estimate of the number of previously approved housing units that are not built and included in the 2030 household forecasts. Main Street/I -35W Main Street (CSAH 14) is currently under construction from I -35W to I -35E. The project was started in 2008 and is expected to be completed in 2009. The project includes a continuous paved bicycle /pedestrian trail along the entire length of the corridor terminating at both interstate bridges. As part of the planning for the roadway improvement Anoka County prepared an alternative analysis report for the corridor which examined: 1) access improvements to the regional system (I -35W and I -35E) in conjunction with a new highway corridor north of Centerville, and 2) the reconstruction of Main Street on the existing alignment. A review of the area's transportation system revealed that existing CSAH 14 needs to be maintained for access to the regional park and to residents and businesses in Centerville and Lino Lakes. 1 The analysis report included seven regional access alternatives. The alternatives included a "no regional access" alternative as well as several variations of a "northerly by- pass" providing connectivity to both I -35E and I -35W from CSAH 14. The study determined that no additional regional access (i.e., interchange at I- 35W/14) was warranted during the 20 year study period. However, the study recognized that future growth within the study area will necessitate improvements beyond the reconstruction of CSAH 14 in the future. Of the seven alternatives reviewed, the preferred long term improvements included the extension of CSAH 14 easterly north of Peltier Lake and linking to 80th Street and I -35E. The alternative included a future interchange at 80th and I -35E as well as a CSAH 14/I -35W interchange located easterly of the existing overpass (attachment 1). The regional access alternatives were evaluated by both Mn/DOT and the Federal Highway Administration (FHWA). Both concluded that any additional access to the regional system would need to be justified (the area must experience significantly higher traffic volumes) before improvements can be considered. Additonally, the local arterial system needs to be fully developed so that it supports the regional system before additional access to the regional system is developed. Based on the study an interchange at the existing overpass at CSAH 14 and I -35W is not proposed or warranted, nor is it included in the County's five year CIP or Mn/DOT's 20 year plan and is therefore unlikely to be eligible for federal funding in the short term. While replacement of the existing overpass would likely include a trail crossing it also is not included in the County or Mn/DOT's future plans. The newly constructed trail along CSAH 14 is part of the Regional Trail System and therefore extension of the trail system across I -35W is ultimately eligible for federal funding. The next federal funding solicitation process begins in 2009 for projects anticipated for construction in 2013 and 2014. However, the solicitation process is highly competitive and projects must meet certain criteria. One important element lacking for a potential extension of the CSAH 14 trail across I -35W is connectivity. Currently, there is no trail system developed westerly of I -35W. A stand alone trail project along Main Street would likely need to be of such scope to provide connectivity to an existing trail system or arterial roadway (i.e., Lake Drive) to be competitive. Additionally, federal funding is limited to 80% of the construction cost. In addition to a local match of 20 %, local dollars must also cover 100% of engineering, legal and land acquisition costs. At this time there is no local funding identified either at the County or City level to provide a local match. As listed in the Council Goals, Objectives and Management Plan, the City will continue to work with Anoka County to develop the Main Street northerly by -pass. Both the City's draft Comprehensive Plan and the Anoka County Transportation Plan include the proposed northerly alignment as recommended in the Alternatives Analysis Report. Additionally, Anoka County has indicated funding additional studies of the route in 2010. 2 • • • • • Metropolitan Council Affordable Housing Need Determination The Metropolitan Land Use Planning Act, Minnesota Statues, Section 473.859, subd. 2, paragraph c, states that: A land use plan shall also include a housing element containing standards, plans and programs for providing adequate housing opportunities to meet existing and projected local and regional housing needs, including but not limited to the use of official controls and land use planning to promote the availability of land for the development of low and moderate income housing. The Metropolitan Council is charged with preparing and adopting guidelines and procedures to help local governmental units accomplish the provisions of the Metropolitan Land Use Planning Act, including the affordable housing planning responsibility. In preparation for the required comprehensive plan updates in 2008, the Metropolitan Council prepared a report to determine the affordable housing need in the Twin Cities Metropolitan Area for 2011 -2020. The study determined the forecasted household growth in sewer - serviced parts of the region and calculated the net need for newly constructed affordable housing units. The number of newly constructed affordable units metro -wide was calculated to be 51,000 units (or 30.6% of forecasted growth in sewer - serviced households). The affordable housing units were allocated across metropolitan communities based on the following factors: 1. How much household growth is a community planning to absorb from 2010- 2020? 2. What is the relative balance of low -wage jobs based in the area vs. low -wage working residents? 3. To what extent does a community offer affordable housing now? 4. What level of transit service is available in a community? Step One in the allocation process was to apportion new low- income housing need in each community according to its household growth. Under this step 30.6% of the 2010- 2020 forecasted household growth was identified as affordable, the same share as the metro area overall. Step Two provided for adjustments (additions or subtractions) to the housing need in each community according to the following factors: Low -wage job proximity: Communities with more local low -wage jobs than local low -wage working residents in the area increase their share of need by the proportional amount they were above a 1:1 parity. Cities below 1:1 parity have their need share proportionally diminished. 3 Affordable housing stock: For communities in which more than 30% of all existing housing units are affordable, the formula reduces the need number by the proportional amount they were above this threshold. For communities in which the percentage of affordable housing is currently below 30 %, the need share number is proportionally increased. Transit Service: For communities with regular, frequent transit service, the formula increases the community's share by 20 %. For communities with little current transit service (category 3), the formula makes no adjustment. For communities with no regular transit service (category 4), the formula decreases the community's share by 20 %. The allocation formula can be expressed mathematically as: Affordable housing need = (HH growth * K1) * {1 + (Jobs/Workers — 1) + (.30 — existing aff housing) + (transit adj)} *K2 Where K1 is 30.6% the forecast for region wide affordable housing need as a share of forecast growth, and K2 is . 779, an adjustment factor to ensure the regional total of 51,000 needed affordable units. A map illustrating the distribution of affordable housing units metro wide is attached. Additionally, staff has attached summary tables for cities by county. The summary tables include the sewered household forecast for net growth as well as the adjustment factors for each community. Please note that the tables show Lino Lakes with a need of 1,051 units. This number was adjusted to 560 in May of 2006 to account for existing units changing from on -site systems to public sewer which are not considered new "sewered households ". The draft comprehensive plan estimates a total of 1,275 affordable housing units which is based on the revised total housing units (4,150 new households by 2020). This change is discussed on pages 4 -16 and 4 -17 of the draft comprehensive plan. Approved Housing Units The draft comprehensive plan's forecasts estimate 4,150 new households by 2020. Based on staff's review of existing development approximately 250 -300 residential lots have received either preliminary plat approval or final plat approval but have not been constructed on. Additionally, the Legacy development was approved for up to 450 units with 60 completed. Council Direction No council direction is requested at this time. Staff and consultants will be available for comment. 4 • • • Attachments 1. Regional Access Alternatives — Option 4 2. City Future Roadway System (Post 2030) 3. Affordable Housing Units Distribution Map 4. Summary Tables: Affordable Housing Need Allocation 5 IAiTAcArAE.f+r .�. Option 4 Includes • Additional regional access provided at I -35E. • Additional regional access provided at I -35W. • A local connection on the north between County Road 14 and County Road 21 (20th Street). XX = PROJECTED 2030 AVERAGE DAILY TRAFFIC (ADT) COUNTY ROAD 14 PROJECT AREA PLANNED FUTURE IMPROVEMENTS REGIONAL ACCESS IMPROVEMENT ALTERNATIVE LAR Coturnbuz Lake COLUMBUS TOWNSHIP 2000 POP. 3.957 SR— SR— SR— 'SR— SR .— zz LINO LAKES 2000 POP. 16,791 13,200 LINO LAKES 2000 PO9.16,791 BJC 37. OPTION 4 NEW NORTHERLY ALIGNMENT WITH NEW FREEWAY ACCESS K cuRccrto. 6-3-04 RICE CREEK - CHAIN Of LAKES REGIONAL PARK RESERVE 12, Wards Merman ^ t� A E CENTER VILLE 2000 POP. 3.202 , �y Regional Access Alternatives - Option 4 A1171-11-)C1+f wvT 2 Columbus 28 . r� r � 4 _ r r 1 q _._. _ o soon 140► � :.� HSTE White Bear Twp Future Roadway System (Post -2030) City of Lino Lakes 2008 Comprehensive Plan Update 0 Existing Full Access Interchange Recommended Lanes* Lakes lit ® ® Future Full Access Interchange Existing Partial Access Interchange Six -Lane Divided Streams IIII (Future Full Access) Four -Lane Divided School Open Space/ City Parks Two Lane County Parks N #,### Traffic Forecast 2030 • For Major and Minor Collectors, Minor Arterials and Principal Arterials except 1G Lino Lakes City Limits 4,000 0 4,000 1-35W and I-35E i Feet Figure 6.7 June 30, 2008 Prepared by SRF Consulting Group, Inc. JAtaps 15933 \'rad\SummaryFigures\Figure 6-07 FS_lanes.mxd ATTACMh -1-- 63 Summary Report: Determining Affordable Housing Need in the Twin Cities 2011 — 2020 Page 12 Twin Cities Region Affordable Housing Units Needed, 2011 to 2020 None 1 to 99 100 to 499 500 to 999 1,000 to 1,999 IIIIII 2,000 to 2,999 - 4,088 (Minneapolis) Ana d Ben Trap. Osk Osw ANOKA 6s BOW Unwed Tvp. Coluniss Trap. Hun lie WASH Sandia Tvp. NGTON ID H4/6 independenwo Holfvoad Trap. Tevnpknd T. conley/293 1/10/06 A3 New Market Twp. Cedar lake Tvp. Cede Notlk Tvp. Nedd tle,pt , Tvp. 0 25 5 10 15 20 Wes 25 tMetropolitan Council Prepared by an Advisory Panel to Metropolitan Council Staff • • • AIACWIt10"`i CD CD 03 '0 N m 'a O C m O Z 3 C m .‘••• o o m 0 , U = Z O Q N N. 0 CO O O (O N O (D . co) M LO LO t` to •- ' N N N. ' O tt c- .- ,- Units Added /Subtracted per C CO F ee m c0..) N .' O N. 0 O 0 0 h.— 0 COO 0 0 0 'Q co) co) co) N Ir co co O) CO 0 N O) O) (O O M.— O CO 0 N N — N N ' ' ' N ' ' N LO ' co h O co CO N CO CO 0) 'V 0 .- 0 I- LO O c) 1- O) 1- (? ,a- N O CO N N N c I Stock2 imity1 Housing Need Adjustment Factors Service' I service level 1 through 4 co) N co) M CO N �t CO N N CO co) co) N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 M M h (- O O) N M I'- (O ID CO I— `a' O co N r N 7 N CO O) (O M N N (00 O0) O I- co N ((') M Stock2 or below 60% of HUD AMI O - O 0. lower -wage workers V•V•Vt•• VV••••••a•J• Sewered Households Net Growth O O 0 (0 0 0 0 0 0 O O O O O 0 C o(o()OLtV' O vOOOLO N- CO ' Co) N CO CO C) co) ' 0 LC) N N 1.6 M (O •- M O N 0 0 0 0 0 0 0 0 0 0 0 0 0 0)00)000(31.00c3,-1.00000 (0 (n M (O .- N M in 0)- a) 0 0 0 O .— CO 0) . N 0) CO. . CO ,ci CV- v- N N ,- M O N 0 0 0 0 00000000 O) O O) O LO O CO O .- O O O LO O) O) O co) 0 (O 1 LO O - O O Lo Co h CO N- er . N (O LO <- LO N- N CV- N N O N 0 N O 0 N Sewered Communities aJ Y L • as -,3a) a C y = f' O 0) 0� mcmc� oY �,m Q N C d C) E d J V01 C _lC -O O L C U -- o -p = X p m .: Q O C C C) 4) 0 0 0 •C — a) C C<<mm00000IL2JJ W CO 0) c o co O >, (4 = (0 0 C O p O 7 L N .Q C 0) a) N CD O _ C . > - N OQ •V N .o c > 0 'E ` N L) ca O C N Q. 3 � E w _o 773.0- c O O= O c L (0 O L cis c O m N L U co 0) y U 0) @ L 3 w 3 N 0) 0 .O C .0 O C m O U Q N C C N C C U > E E C E O CO m O- y O O fC - 0 o O N >, N c IA o C) .o O -s 2 al m co O U L O co c p p a) a) N 2 U c O co L C O O fQ L p— u] EON - C) u) c 3 E) 0 C E N p 1 N m 0 C u] > N N QL 0 a) m m rn m >. 3 c 48 U) = mEmv - ( U O d p 'C . .. 0) L .-. U 2. L., T E c m m Q N U C O 0 'E C O `. a) Z .s u) co) N .N y >+ U o C_ N_ >, E C N y O L C O m 'E O p „' C .0 co Q O E y' c C vl :—° i n V E O C 0 o E f6 m 3 m 3 N 0) 0 w C ,4U'_- N .0 3 03 er as w CO O p) O m 'D N a) w J m 0 U m -p . i .. 0 0) 3 CO CO m d 0 o m m ` 0) ! .(.1-) E o O E 7 QQ N II 7 C O Oc) m NN L`- L m O _C 7 FL- = N O C c m L y >, c> 2 0 0) - C W G) 0 N = C C) N W 3 .0 ` a) y Iii -C o) C-.) 6 O I- 3 u) T c cn v V •' o —c7..) c o.> �, °'w - m w w vD gO ai 0 3 E ate) co p N Q a1 •--I c.2 a) C L.. �C U p ,.- C L- p O m E'o °c) OU E m N f0 :X m W (%� C_ C) O C N c0 c c ` ' C w .. 5 O Y 3 N N C (1fl N 0 0 1 0 mo ,- U = o 2011 - 2020 0 0 s a) O a i 0 Z = C o o= 0 r U x Z N CD r O— CO O N ti O 0 CO r O CO CO N- N D) ' r r a) r T Units Added /Subtracted per Factor 4S C m V N .' it.. ch co O cc) O T O O c•) 1 CO CO CO 0 `7 .7 ' N t- O C') I- In O (0 a) N- CD - CD CO ' n ' ' 'co N r N r N ' N ' r r- 0) '40- ti N 0 CD ' CO r- co to ' CA N CD ' . N ' CO Ln N Housing Stock2 Job prox- imity' Housing Need Adjustment Factors Transit Service' transit service level 1 through 4 t %ZtV 99' ti %£Z 96' E %L 90'1. 17 %Z9 1.6' V %0L 179' t %ZE Z9' V %9 96' 1► %95 99' t' %6 96' V %i•E 90' b E %OE Z£' 6 E %6 L9'1. t• %91. Z6' Housing Stock2 pct. of units affordable at or below 60% of HUD AMI .0 .E O 0. ratio:lower- wage jobs to lower -wage workers Growth Summary: Sewered Households Net Growth 1,800 1,850 50 9,900 12,800 2,900 10,000 12,500 2,500 1,180 2,200 1,020 250 4,560 4,310 240 300 60 220 220 - 770 1,610 840 180 250 70 1,800 2,800 1,000 4,000 7,200 3,200 4,487 5,279 792 1,800 2,500 700 0 N 0 N 0 O H Sewered Communities aa) E Q on ci fl T c 3 0O) 1— H E >- c c L V L CU 0 c 0 m 3 a) 0 c o L _y O L 0 0 -` 'C a as co c N 0 Y O ° U CO . _C O N (5 0 a) 0 00 U N ca U U U U U 0 2—I 2ZZ5 c c co o CD 0 3 o p O a) : - a) .a c L a) 0 a. o _ E C1 > o L 0 m c T 7 `. 2 st E to .a CO- E --0 0 C6 0 0 o2$ to U 7 CI to O O 'cn a) N L 7 CD L o U O 0_ N c C c C U a 0 0 to O t O O d cC a) a) fl o O G O_ 0 0_ 45. O c E E O U � N N a) H N � p as T .0 C O O Itf to 7 O N w -O EO L a) a) E r o to .c 5 U y C E to O C N 7 0 N _c co co O co c 'O w O N 7 0 f N U r O n) rn E m c m o Q c o •E 7 r L >, to 4) CO) c a) as fo . >. E a) L - c C U C •3 0 E c h n E >_ 3 0 c o- 0 E ns tai) 0)0- w� a) N N O O co a) O O n C N 7 a) co 7 0 N E N U —°E� CL Q 46 CI' m -C < c C I6 7 I— 2 E' C 3 .r C' N CO :n ~ cr- o .— O vim) X 0 Q u) f the Twin Cities 13 -Coun U c N to aa)) = w c c '— U .— 8 c .O. O w E U � c as ctf d m O 3 OC .0 CD (a U to a) Q. a) .L+ ca a) -0 _C C >s a) O O CD T a) _ to w o EU L (6 E _ y b 0 N O .c — 7 . y U) = a) • o -2 12 N > 0 > N II as E Ev CD 0 "C U_ ` 0).9 0) (0 '� .c— a) a) >,co W N U C ) to C E ON N 0 c 0 C O 43 • (0 = 7 L � w N d L fa U a) U j N D cn ! E 0) II O r 0 N y c c.) cO to N 0 :E 'ytn w a) Co J a) 7 0 0 U in 11 O L O N N in 0 . - C w tag ) o ai c `) oro I— X fa C en a) 0 ca • • • • • • co r O O L m 2 co H C.) 1- m O N 0 O CJ N O W ° C4 Z 0) O his m 0, 0 0, 1- l4 E C a 0 c 0 e o m 3 C Qi , Z 0 o M m e- QI ZO N N CO 0 0 00)) )- CO CO C(0 O O N (7 1` 10 N ti N' 00 .-- CV Units Added /Subtracted per Factor C m V V. N 3 > I O O O Ch ' N CO O O O O O O 00 N 1- O 1 CO ,- 1 N 1 I CA CO r- t- r •- cn c (NI co .- Ch 1- co N r• CO N CO .•- N CO I 1- CO • I-- r- 1 ' e co co CO co co C) CD N O O N CO 0 0 M 0) CO O 0) CO ' .-- C") () I. (*) ' () 1' CO .- ' N (11 . ' Housing Stock2 Job prox- imity' Housing Need Adjustment Factors Transit Service3 transit service level 1 through 4 () c+) t) c+) cc) C) C') C`) C') N d• N 0 0 0 0 ...,E> 0 0 ;if.: 0 0 0 Cc Cr z.,..? 6,.9. 0 CO CO N O N- N N CO (0 CO O) �,- O N N N (') N — '— CO fh V- t0 0 co th co 0) O (o 0) cm O N N CD M CO CO f` 1` CO 7 CA O tO O O (7 r C7 Housing Stock2 pct. of units affordable at or below 60% of HUD AMI .-P,., .0 O • a ratio:lower- wage jobs to lower -wage workers Growth Summary: Sewered Households Net Growth (0(0 O O O O O 1` O 000000 N 0 0 0 CO 0 CO O .— 0 0 O V- CO N- CO CO N- O N V' CO ' N N CO M C+) r ei N N Cti C") U•) O O O O O O O O O O O O O O O N 1• O O 0 0) O 0 0 (0 0 0 0 0 - 0 e- 1` O V' CO N O 10 0 CO .- OD CO CO N CO Co CO O .- O CO cO O co- O) N N N,- N r- N 0 0 0 0 0 t,100000000 1` 1O O O O t0 O,7 O 00 O O O O O CO (7 CA CO 1` CO N CO O 1` CO Co M M N CA - N '- co t- co c7 0) '- t- c co N N N .- .- co N O N O l"' Oa G Sewered Communities CO s Cr) 0) = 9) 7 7 >" 5 to C d _ 3 0 > 2 c 0- c d O co F- - C 'in O N (U (5 p O O _ _ U> •> C co C �1 0= N O D E fn m a) (1) Ca .= ' 0_ . ,_ > to •C3 -a a) „,,g ° O. 7 co E N co O >@ ?+ w a) 0 0 a) N Q Q m W W li 2 2 2 J J 2 2 Q' cn > 5 c o CO 0 >. C0 0 U O O n O 7 O � N � C C/) N a) L N = .t-. c a) O E _ C . -° w O U _ a) 'O� _> 7"a E O O ca N C1 CO >. O C a) c �- N C - 0.O co O= 0 fl N U .c L C CO a) (0 i 7 CD y U a) L a .c co u) O a) O c E2 >., c w _o .5,-a w c c co v O b i c >.a) O (ca �a o - 5 O p n o cCU m a) V 13,7 ;.---.6.5 °n CI- n (Si L N �.- U N Co a) c ° m •N 0 +' L y F- � .FO 0 c -E- Lc IEW M co �. c 0 0 L W 7 0 N p O y r O f") 7; . C U n j y C EE O L O O) U as c u) m N Q c c -° > cca mr) u ��00) °Es co V 0 a) p •` - y ° 3 t U L C O •` T$ — c0 Z -_ 0CD U'.- 0) N N W> CO _C N ->. E y a) L c O O . F, O -C C 7 C = c E w C Q>, > p tO C 0) O E C O a) a 0 i O C o cr3 y c C E f6 LL f0 p N O 110 C7) U W c yam_- a) 'C 7 _ w N CO O ca 0 0 N w y N (5 w O p) N N -O _ .._ J d) � O p c U 0 a) 03 7 a) Ca g 7N O cm U N N ` a) CA N 8 E 3 a< 11 U � 7 C O O °m OQ .n Ca 3 O L c j F- 2 O N O C c Ca t 0) .. > c > .O O a) L c y., w e E U a) ° .3 a) c s m a) L iA y F- c ' m 0 ~ o° 0) .0 N v •> ° � 0 o E cn) L N a) Q N J a) N C L N a) > d U :t+ U O c f6 X N to fn C Hil co L OL L 0- c U , F N O a) a) C N N c a) co •n O Y p O t7_ .O. "6 U -3 ° O 2 x cu c . e- 3 U n O a) U co r.co+ O a. O 2 H m U 3 t C O p N ( O N .0 K Q r W m N z 0/ .y 0 2 "a .0 0 co cnE E 0 CD • N CO c S m O 2 '0 = C m u O z O Q = N Housing Need Adjustment Factors m s Co 0 to 0 V) 0 0 3 °) to t' R E w E O W 5 0 (.1 N m Z O � C7 O O 0 O m m a c m O E m o (0 0 Ch 0 0) CD c'1 N CD LC) N 0) Nt 1n 10 '7 M (D 0 1'7 V- CD '7 CO r r CO CO Ch N CD 0) h h N CD r N O N r- '7 V' c0 CO N O CO r CD r 1O r CO r 0) (D N r r r CO c) 0 V- c0 N c7 V: In 10 O 1O 10 CO O O 1n O N CO 0 V- CO N O r O N O 0) N O O 1� O r 0 O) N c7 CO N CD N r ' vt r 1 ' ' CD 10 1n CO c7 N 7 c7 10 r 0 10 0) r 10 V' 0 N V- 1,- h r 1- N N N O c0 r 0 CO 0) 1O 0 V- N N 10 M c) Tr CO r ' 10 r 0) ' CO CD vt 0) ' 11") r r ' CO CD M 0 M ti 0 CD V- N V' 1-- CD I- M 0 10 N CO r CM r N N 0) 0 0) O N c7 CD 0 N tt 1- 0 r O r r 10 ' r CO ' r cc) 10 0) N r 0) cc) N CD ' N N r r r N N N N M N M c') N c0 N d• c'7 vt N V- M V- c7 V) r N M cc) N M 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ■0 0 0 0 0 0 0 0 O 1- N c7 CO N N O O 00 00 N 1O V- c7 N CD O) 1,- (O 1n 11•) h N 10 N CO r N CM CV r r N N r CV e r r '- N N c') r r N c7 CO r r O h N r M CO N c) 0) .• N c0 CO O V- 0) C') O N 1C) In M 1n 0) O 0) CO O 0) 0) 1n c7 CO O O r Co Co r e- e- • r r • e- N r- r r • r • 0 0 N 0 0 0 0 0 0 0 0 O N O CO O CO 0 0 '7 CO O N 0 r N 0 0 0 '7 0 O CD O 0 0 0 10 0 O CO O CO r r O N O r C•4 r CV 0 O Ln O O) 10 CO 1` ti Cr 0 Ch sf N r N- c7 r (0 r O CO r N 10 CD r CD N Co r 10 r 0) 0000000000 0 0 10 O O CO O O O '7 O O O O r O O O O O 0 0 0 0 0 0 0 0 0 0 M O O C•) r (D O 0) ' 10 O) ' O r C7 O O O 10 N N 0 N 10 r 0 1O 10 O c7 N N cc) 1-- CO N O N.- 0) r N O r N 1- CD (o O) 0) N N 0) V O 1'- r 10 N H 0) co r O N r M ('.1 ' 0) N- M .- c0 .- N N cc) CO N r O O 00 O O O 0 0 0 0 0 0 c'7 O c0 N O O O N O O 0 0 Co O O O CD 0 0 CD 0 0 0 0 10 0 0 1n 0 1O N CO O CO O N CO r 0 O M 0 10 0 10 1,- CO r 1n CO i,- O V- N CD N O r c) 1 1n N 0) N 10 0) r r 0 C) N CD M r N ►,- r CO CO r O) r r r r O) CO Ni. r N N r tr O) N C+) r N N N N r- N c N 7 c Y A O c O a) CI) N c c c c c n `p > 5 aa� c d y cr~ O.E.. �c O O Qc to — N c c p O O L 0 i' 0 0 'O 'O ) O m acommUUUDD W W W00 Greenwood m m 0_ c(-) a) Y cp H C. 5 J O c c00 0 d c co m ca c Q J O N N •C) c 0 CD N 0 13 0 EL) O CO (6 N 121 C C Minnetonka Beach ca m (0 Q 0 N C 2 O c O 3 c0 2z0 • • • • • • cu m 0, O 0. O L m 2 to m U H m t O CU 0 ;~ ci N .0 0 a� W m N m Z 'y O 2 m .0 1 0 Q .0 W 1- 0, E 7 N CD 0 23 co -0 N IV C .- m O m- 3 C m Z 0_ Z = O Q N N CO N a- N- O N- N ,-- ,- ' O to c. NI' to Units Added /Subtracted per Factor C CO y H I- O N O CO O CA M M .- to in to N h 1- 0 1 N Ch T L0 N Oa- O Nr N ,- ' O O O O O CO N 0 N a- N O ,- ' CC0 N .a— co N N Housing Stock2 Job prox- imity ' Housing Need Adjustment Factors Transit Service' transit service level 1 through 4 1.04 46% 2 1.59 14% 3 1.93 29% 2 1.65 29% 2 .92 5% 4 1.48 34% 2 .96 22% 3 Housing Stock2 pct. of units affordable at or below 60% of HUD AMI It -E O o. ratio:lower- wage jobs to lower -wage workers Growth Summary: Sewered Households Net Growth 1,090 1,200 110 29,000 31,500 2,500 16,500 18,000 1,500 6,500 7,000 500 4,685 5,173 488 4,000 4,300 300 1,100 1,100 - 0 N O N O 0 N Sewered Communities c c m O U co 0 U O O O a) > ° 15 .-... CT N _oc .N y -O 2 L N w,C.. C N N o f _ c CL co 7 5) >+ N '. c N O E O .��' CC0 o U ca 0 3 N C a N Ca v E y. oco... EA E o o- o.o (5 0 -C 05 N N 7 Cy0 N O w N a g CO 0) a) O �' co C -O o w fl c c QCO c c N N c(3 3E EcE as as -°-t `m o U O Q y p 0 a) a) -0 43 M 6 c_ 3 y O y N U .° -tea vi y w 0 z c • °)Cyy V N ;n5 N C 3 0 .N y.0 .L,,, 7 0 U c O _0 E E O O N 0 O co N_ 0 0 N C N E O N c co - 3 E o c co CT 0 N '� E N •O E a)) O C y O N O': O ID N CO CD = >, > C w L C "O C 0C y II CO o y -o = a) CO E g V y 2 U o _ N O •� •- N .0 0 ,L a., • o •E c$< y Z ._ a) >, y a) �• N a CO C a) >. E c y y w t - c c C C .L. 3 nT E>, o m y.E ` 0 E c c y O w Q' 0 E O N O.0 m ID UW CCI LL U 6 '.cC _ w q_j O 11 � � vO ; L O To .0 y 3 a) al N w O O E O CL N II o O! m N < .D '" _o as ° c = i- 2 � 0 c9 c N w C >. y> o t 3 U 'n 3 E E y y I- 0) ca O F- O C.. ccri vV 1 c c o .> �- N w N ca =j a) 0 0 E L y N Q y J a) N y c .c ZT OU E N N O • •O N w fn C CN N._ C .p c .3 N c `) 0) -0 -0 O O O w (a Q a _ .� x ca c 3 U N 0 1) a) U co V 0 f. i+ m 2 E- m C o N N 0 NI .0 O • Q r W 0 " 0 Z m 0 0 ▪ 0 12 L 0 . 0 0 E N 0 Co 472 en -0 04 03 C .4 0 O m C 7 C 0- Z o o Z G Q I N aa) N M c0`') (0 (MM) c0 (0 O a- N (NO O LC) N N r Units Added /Subtracted per Factor U) m n u G ' � '> H 0 M 0 c0 O O 0 O 0 0) r CO 0 0 0 0 N O N r M N Nt Housing Stock2 0) .- N- (D 00 r O e- NI- CO O O N M O N ' , r r • 1 r 0 r r a- 1 M T c0 0) O N. r CD O el- N- 1� 0) 0) M 0) 0 0) r r 1� co M O N CD CD r CD N Job prox- imity' Housing Need Adjustment Factors Transit Service' transit service level 1 through 4 M N M C' N N M N M N N r M M M Cl) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 co (0 O — O (0 O r O CD CD r— 6 0) 0) 00 a-0) O v N M N N r N r 0) 0 V. N O r CD -cr (0 co co c0 r \7 M co M (o co M r N O r r N Housing Stock2 pct. of units affordable at or below 60% of HUD AMI w 12 E 0. C a ratio :lower - wage jobs to lower -wage workers Growth Summary: Sewered Households Net Growth O 0 CD 0 0 0 0 0 h ti O O O O O 0) 0 O 0) 0) O O O 0 V- r 0 0 0 0 CD c0 at O) N r M O Cr M O N N 00000000C)000000,4- ' O 0 0 0 0 0 0 0 0 0 0 0 0 0 0) CD r N M 0 CD c0 0 O M r 0) tr N '- O (0 O 0) O (0 r a— (D - CV a- r r O O 0 0 O O O M M O 0 0 0 0 0 O co NY 0 O 0 O O O O 0 0 CD 0 0 N co co r 0) co M M co co O 0) (D t- N M N •- N 0 0 0) O L 0 0 (0 `Q r r N r r 0) Cal O 0 0 O N Sewered Communities >, CO . N Q Y -c 3 ca C 7 CA 1- _ CO J 3 o m y rn m� a' 0= i Y 03 c o > o (ra • m w= 0 ao) a) c O J N U N v co O.c N «s N C a) a (p a) U E a 0 a a 3 'C 'C a) n' O "O L L c (6 a) a) .. as 0 C4 0 0 0 • .0 (3 1QI1. CDJJ22ZZZQ'(5w> c o co O >' CO () U O c O O N O O 7 C - a o y 0 a) 'o2 L °' = C 70 Q O O_ O > _ is o ° _ a) O . C > 0 w 'E O O _ O C • C a 0 N— 3 f0 @ > E u) O C14 -o L O j E D n -p s C o O O C (CI C) -C o5 L W a .�... (L) y C7) N N U ca N - • O w 0 • y O O • O CT o .0 c _c d co C • O ) C aC T 0 O Ca N OE E C E C CD O w c O Q y >, j 5 N N O.0 () O. a) o 0. .0 N U a) O (_0 • N •-2 n CO . p U L ca a) P= � O (o .N N N OL U c N • ~ M T E w m N O ,= C O O f6 -0 o— - L u' EO`� w a) c (I) •C a a) r O y C ._ :E.0.5 ci CT O) 0 E O - Ca `m - c a' a) m -5 o • IF) co -a j w to E m L O O .` .- o N 0 U L >' E - co o to U c 0 rn = o E >' o--- ca C .� O C N Q o c m " a) T y y U a) s - c O N - O ..'C. C a) 3 C � c E E. c 3 a >, E> o a) c I E. c 3 0 ) a 0 E O c 0-e U W O - C E t6 Il CO M M two C) U W `�- C ( N O N co 0 O (6 y w m H L 3 0 a) w J N a) L m . O O) N t6 ,: -o a) .� N O O N C 2 V 7 d 0 W 3 CU lC a) OI •- L 7 U .O m E 19. 1 E w o O E o '< N II 0 O O m N O r (6 .A O c 7 H 2 7 y aj "c c N.c ca • >, c> o O (1) a) 3 a) - C u' 0 ? (.) .0 0) ° .C] 30 •E 7" y N N•. C -13 N O A O .> U a) N (a '-' 1 O 7 E un) .�. N < to J N T `. 0> y: U 0 0 o w c w.c -o a)oU -E 0) o X N n) ((% C a) N c OL L 7 �_ N (o 0- c' U C~ N U) O a) sa Y C 7 0 C ID C -0 0,- O O r M O_ a). "O U-3 0 0= ,,_ it X as C • • • • • CD CI LA '0 N C S a) O as .= C a) , i __a) O pD m_ ax ZN O ()) M N t1') N O NN N' co_ .,- CV '- N Units Added /Subtracted per Factor 0 C m CO! `y .; 1 O O N- C') 0 0 0 co r-) N- 0) 10 h 0 (D 0 00 N aD I-- 0 (D N N •c-- a7 (D •ct V' (') a)N1C)MQ)(DN 1 1 I Housing Stock2 Job prox- imity' Housing Need Adjustment Factors Transit Services transit service level 1 through 4 - •. . •. (*) t+) cc) 0 .. 0 0 0 0 0 I.- 0) (D 0) to 20 N 'ct (D r`: (O. CJ Housing Stock2 pct. of units affordable at or below 60% of HUD AMI o K 0 so. ratio:lower- wage jobs to lower -wage workers Growth Summary: Sewered Households Net Growth 009'1► 009'66 000'96 009'£ 009'P6 OOL'06 009'9 000'96 009'06 09£'1 009'Z 091.'1 009 00Z'£ 00L'Z 09£'1. 09£'Z OL6 009'1. OOL'ti 006`Z O N O N O O N Sewered Communities Scott County Belle Plaine Elko Jordan New Market Prior Lake Savage Shakopee C o ca O > U p O c O Q O 7 O . G) c N N a) N O E _ C . C > 3 w ''E O O _ O »- CO" a CO >. O C d v E N D 0 fl E •5 g Q- -o 5 .o fa 0 .0 c t6 a) w U N m -11-' U a) O L o O O O CD O y O C� E_ >'C N w o. O C C Q (a C C a) .L.. O ca fa O C w N 4 O O U O as = o m m aa)) a) C:6 ai O_ O_ 9 co _U C" ID- •� (q "� N p • O U O O 7 0 O N L w p U C N N ~ M a) w Nw O to >. :E w L C O O p ,...73 L N O O N= "o U C O V) E co L O C N • y C O a • U C CL= o 0 RS m N N ca >. 3 C to 0) w O co 16 c ttica as E E L co co co co O O O � ._ y t U L L.' >' E C fEC .1 U C E O -E E . N C N U N N .N 4,1 > . _ y CO C a) E a L - N -E U � N O N o C — .o E (5 c = o `m o O E o c o.n o° c E U N a) N O cc a) W w� U o _o o) 0 w N N `L U aLa- .... a L CU 3 ... O o)0 ,=a a N ..-� n -0 i 0 O p U � 6 N 7 a) a) a CO . 7 U N ` N W E L 0 o E 0 Q¢ N II O 7 C C 7 -1E - C d U C C (C .0 co .. >. >- O a) L lt N . c V) y Co) N a) — O L .. - . . N as O C N O F- L5 co > M o N a >, .n 0 (5 ...a T 0 E N cc N p Q N J C cpCr co .....- a) >" a) U U p 9C c O a) :2 O O N fC •X a) N Cn a) MS • - C o L 3 3 CO m - N EL o) — N F•- N 0 N N Y C O d C N o) "O o - O O .�.. CO Q o -o U—3 O O - 3 U 2 0� 0)) 0 as (a m IZ O L co Cm U 1— m 0 N � .0 0 K Q W CD m Z 0) .y 0 r m L .0 to E N 2011 - 2020 a) -0 N C co 0 O Z O •= C 0 r U = Z N N — r-- t-� 0) 0 co N CO - N N N Units Added /Subtracted per Factor a) '� C m (m) vie F-y > O O O CD (D O O O 0 () O 0 O O 0 O 0 - —IN 10 O (") — N O 0) 0 O) O C') c') — c0 — N co co Cr) Nr . — . . a•- 1 co N N NI- O N c•) a0 — O N 10 co 0 N nt O() O O 0) N ' ' — — I — I to N N Housing Stock2 Job prox- imity' Housing Need Adjustment Factors Transit Service3 transit service level 1 through 4 () C) (") C.) C') co co co co co co c•-) 0 0 0 0 0 0 0 0 . 0 0 0 0 0 0 0 C 0 0 C C 0 ;:.r..... 0 0 0 0 0 0 ', 0 C. 0 O O 0) CO (O 0 N O O (0 0 N- 0) C+) 0) N N — — NO) — ♦YNc)c+) —'0 — _ CO COCOoOr 0) N..O 00 Housing Stock2 pct. of units affordable at or below 60% of HUD AMI 0 X O 0- ratio:lower- wage jobs to lower -wage workers Growth Summary: Sewered Households Net Growth O O N O O 1() 0 O (D 0 0 0 CD O (O O O 0 CO CC) c0 r— O N NI. NI. •-- 0) — . -et c0 P- 0 0) 1 — N h — C) c0 st N NI — N- CO 0 0 N 0 0 0 O O O 0) O 0 0 0 O O 0) N 0 CO 0 0 0 0 0 h• C• 0 0 0 0 0 N c+) N O CD 0) 10 C') O C) CO O (.) 10 CO N 10 • (D O— O el- cq c- N N f` O- — C`') 0 0 0 0 0 0 c0 O O O co 0 C0 0 0 (D C) N 0 Nt O O O O (NI h 0 I- CD O C) 0 — V) CO 1.0 N 0) c0 co co co c0_ c') — — N N O - r N- O � N — N N h M — — — — (V 0 N N N O O o N Sewered Communities Z. X C C 2 co O a) co U rn C O a) '0 0) = N 3 C O 0 0 J 0 E 0 0 t N '- d y a) 3 C II 7)U W 2 O C ma_ O O`-0 c >, N cr Q Y d > N p . U - c f Y C_c C Y W O O p L. 3 co co O O p co O ..; =— 0 jmmUlLOi -J-J 22ZOO(n(n C O 0 a. O a_ L O c o O co >. " (D 0 C 0 p O -r-, 3 . 0 a) a — c 'a a) O a. - C .> . O p U _ N "O c > 7 "O' 'E O . O O oc � c CQ_ E m n _ -o-; ii Irk E (ca 0 r 06 o c _c L N 0) a) to U_ (0 O 30 h p Z a) a) t 3 0 0_ a) L O CO a) `O 0 _ a) !. c E ..- c (0 O ..... U O C ` "CI a, O C C 4) 'T a) c >, O O (a O '- :C p U 0 N co a QJ C(0 O 0 'c O c..i `) — - 12 (q vi) -,cam„ o Z O a) 0) a) C ,O -, 0) O N O O O p C 3 O iA U) a) 3 0 U C _ • Co O O -0 p — O N L 0 U O C O O �- a) c rn - 3 — 0 C • C (0 rn - E a) o (fs u) .c c N 3 y 0 O. _0 O 00 co 0) a) — C 3 C .L.. c6 •C "O > 0 U) ii 0 a j N CO E NI- 0 •C 2 CD 0 c (a Q c0i C 0) ' c o.� vi 0 u) a) > E 'w C E 'c 0 - E o O E •� C E cs 0 O a) W O W COj a) 0 - (0 E a E ' U O a) _c ca N ° U c a) .c C C N s a) O C a) co 0) U 3 a) 4- 0 O O y c (6 a) 7 U to O 0 (I) N U .c U rnE 7-02 E C C O .0 0 f0 3 `0 0- :+ 3 O C a) N N 0 a,,-.-... N "`' a) ,_ O 0) [0 "O 0 J O O U fa -0 -. (0 C� 3 (1)13 7 a) O O 0) ' 1. O ` N U) N U O E 7 0. N II -0 — 7 C 0 O�m a)� .a (o O c 7 F_. 2 = a) O C C co t N C j— 0 a) ` N = c N U a) N .0 a) a) th N~ �7U 0 al ~ O N A VJ '0 0 C c .a O •> O— > 0 3 E w C 0 Q(0 O O 2 C p O a) U. _U O 'a- -0 OU .. N•0- fa -X a) c) (n C N -0 - - c L O ' 3 d _ to a. C •U -C F- •N (0 O a) a) c = a) C a) CA a 0 0 30 O = N Q.O. "0 • • • 14.c- e cc Kai v . r c / 9 , e ' e i / C " F c d - C / Q v- ( ems Et/cf.- v Ec,Y 7cE? Lakt _���j �U 78 97 .A ; /4 st Celt • • WS — Item 2 WORK SESSION STAFF REPORT Work Session Item #2 Date: December 1, 2008 To: City Council From: David J Pecchia, Public Safety Director Re: Proposed changes to the Lino Lakes Animal Ordinance — Allow more than 2 dogs without requiring a kennel license. BACKGROUND: On November 3, 2008, the city council heard a request from Lino Lakes residents Jeremy and Jamie Gudmundson, of 992 Kelly Street to amend the Lino Lakes Animal Ordinance. The current ordinance states that any resident who owns 3 dogs on one acre of land must obtain a private kennel license. Any resident with a lot less than one acre can only own two dogs. The Gudmundson's wish to add a provision to allow foster dogs in addition to the 2 dog limit on a less than 1 acre parcel of land to the current animal ordinance. A review of November 3, 2008 Lino Lakes City Council minutes indicated four possible changes to the city ordinance regarding kennel licensing were discussed by the council: - No change to the regulations - Special allowance for fostering - Changing the number of dogs allowed - Changing the acreage requirement Should the council consider a change to the ordinance we suggest that the number of dogs allowed be increased to 3 on a lot less than 1 acre. This action would eliminate the burden on the city to test the validity of the "temporary" or "fostering" status of the pet and the ordinance would be more efficiently and effectively enforced. Following are a partial list of Kennel Licensing Ordinances for surrounding cities and a partial listing of rescue or foster dog agencies: Ham Lake — # of dogs: 2, Private kennel.license required for owning three dogs, however, license restricted to one acre lot size. Population: 16k. Maple Grove — # of dogs: 2 (3 with inspection/ license), Private kennel license required for owning three dogs. License not restricted by acreage minimum, is open for inspection and revocation by city. Population: 62k. Coon Rapids — # of dogs: 2 (3 with inspection/license), Multiple dog license required for three dogs, granted by inspection from police department. Population: 64k. Roseville — # of dogs: 2 (3 with inspection/license), License can be obtained with approval from 75% of neighbors adjoining property to own three or four dogs. A fence is required. Population: 33k. Forest Lake — # of dogs: 3, Four dogs not allowed in single - family residential areas. Population: 18k. Blaine — # of dogs: 3, If own more than three dogs, private license is required. License not able to be obtained in some zoning areas. Population: 55k. St. Paul — # of dogs: 3, Owning four or more dogs requires a permit and written approval from 75% of owners within 150 feet of property. Population: 278k. Minneapolis — # of dogs: 3, Multiple animal license needed for more than three dogs, required to obtain 80% of approval from neighbors within 100 feet and an inspection by the city. Population: 378k. Andover — # of dogs: 3, Need private kennel license to have four dogs, required to have more than three acres. Population: 30k. Hugo — # of dogs: 3, Need kennel license to have four dogs, zoning restrictions apply. Population: 14k. Brooklyn Park — # of dogs: 3, Owning four dogs is not possible, unless a commercial kennel license is obtained, and this can not be on a residential property. Population: 72k. White Bear Lake — # of dogs: 3, Kennel license required for owning four dogs. Population: 24k. Fridley — # of dogs: 3, Kennel license required for owning four dogs. Population: 26k. Anoka — # of dogs: 3, Owning four dogs is not allowed. Population: 18k. Champlin — # of dogs: 3, Owning four dogs is not allowed. Population: 25k. Stillwater — # of dogs: 3, Cannot own four dogs in a residential area. Population: 19k. New Hope — # of dogs: 3, Owning four dogs would be allowed with a kennel license. Population: 22k. • • • • Rescue organizations in Minnesota (there are approximately 150+ rescue groups) Website Pet Finder (nation wide) http: //www.petfinder.com/ A list of animal rescue organizations in our area http : / /www.chuckanddons.com /pages /friends partners /animal escue.html A list of rescues and shelters in our area http:// www.rescuefido.com/rescues.html Dog rescues that are a foster home based organization, near to us. We are considering fostering for one of the following. Website Homeward Bound Dog Rescue of MN http : / /www.homewardboundrescue.com/ A Rotta Love of MN http: / /www.arottalove.org/ Save -a -bull Rescue http: / /www.petfinder.com /shelters /MN254.html Midwest Animal Rescue Services ip : / /www.midwestanimalrescue.org/ Pet Haven Inc. of MN http: / /www.pethavenrnn.org /index.php RECOMMENDATION Staff' s recommendation is no change to the ordinance. • • • AGENDA ITEM 3 STAFF ORIGINATOR: Paul Bengtson WORK SESSION DATE: December 1, 2008 TOPIC: Resolution No. 08 -134 Variance to the Shoreland Ordinance Ordinary High Water Setback Ron Marier - 1801 77th Street As directed by the City Council at the November 24th meeting, I have prepared a packet of materials for you to discuss the finding of facts for the Marier Variance. This packet includes: 1. November 24th Staff Report, including attachments: a. Resolution 08 -134 Denying the Variance (with staff findings) b. Applicant's Justification Letters c. Site Plan 2. Resolution 08 -134 Approving the Variance (with findings blank) 3. November 12th Planning and Zoning Board minutes 4. October 8th Planning and Zoning Board minutes 5. Variance section of the Zoning Ordinance 6. Variance section of the Shoreland Ordinance 7. Aerial photo of the surrounding area. AGENDA ITEM 6.A. STAFF ORIGINATOR: Paul Bengtson CC MEETING DATE: November 24, 2008 TOPIC: Resolution No. 08 -134 Variance to the Shoreland Ordinance Ordinary High Water Setback 1801 77th Street BACKGROUND Ron Marier has requested approval of a Variance from the Ordinary High Water Level (150 feet) of Peltier Lake to allow a garage /home addition to replace the storm damaged attached garage. The structure was removed by the applicant, and upon applying for a building permit for the reconstruction, staff informed the applicant that the decrease in the setback from the lake caused by slightly reconfiguring the structure would not be allowed under the strict enforcement of the Shoreland Ordinance. He was issued a building permit for a portion of the structure that would be within the original garage's footprint so that he could close the structure to the elements, and also received a permit to rebuild the deck structure. The property is located on the eastern shore of Peltier Lake just north of the intersection of Peltier Lake Drive and 77th Street. • The Planning and Zoning Board requested revised drawings, which limits the setback encroachment to being no greater than the previous garage structure, however since the proposed addition does not follow the exact footprint of the old structure, a variance is still required. ANALYSIS Comprehensive Plan, Land Use and Zoning: The table below identifies the existing land use and zoning as well as guided land uses for the area. Location Existing Land Use Guided Land Use Existing Zoning Site Residential Low Density Sewered Residential Rural North Residential Low Density Sewered Residential Rural South Residential Low Density Unsewered Residential Rural East Residential Low Density Sewered Residential Rural West Peltier Lake Peltier Lake Peltier Lake Accessory structures: The property is allowed a total of 4,200 square feet of accessory structures, based on the acreage of the site. The existing structures on the site include a 2,240 square foot barn and a 1,920 square fooi machine shed, for a total of 4,160 square feet. The proposed addition is roughly 1,200 square feet. This would mean the site would exceed the maximum by 1,160 square feet. Staff recommends that if • this addition is approved, this area be removed from one of the existing structures prior to a certificate of occupancy for the garage addition. Setbacks: The Zoning Ordinance requires a five foot setback from side property lines for attached accessory structures. The proposal clearly exceeds this requirement. The Shoreland Ordinance requires a 150 foot setback from the Ordinary High Water Level of Peltier Lake. There is much of the site that would meet this setback, but in order to attach the structure it would almost certainly need to encroach into the 150 foot setback. The applicant has submitted revised plans that do not increase the setback encroachment towards the lake, but still increases the amount of structure that encroaches within the setback area. Findings: State law requires the following findings to be made in order to grant the approval of a variance. Staff has completed the findings in regards to the upland lot area reduction based on the revised submittal: FINDINGS In considering all requests for Variance or appeal and in taking subsequent action, the City shall make a finding of fact: a. That the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. While the zoning ordinance requires an accessory structure for all residential properties, the structure is not required to be attached to the main structure. As such, the property would still have reasonable use with a new detached structure built the full 150 feet from the Ordinary High Water Level of Peltier Lake, or the existing detached structures on the site. b. That the plight of the landowners is due to physical circumstances unique to his property not created by the landowner. The City of Lino Lakes is home to many bodies of water which means being a riparian lot is in no way a unique characteristic or physical circumstance. As this is a lot of roughly five acres in size, a large portion of land is buildable and outside of the required setbacks. c. That the hardship is not due to economic considerations alone if reasonable use for the property exists under the terms of the ordinance. While the zoning ordinance requires an accessory structure for all residential properties, the structure is not required to be attached to the main structure. While the expense of construction may be higher, the property would still have reasonable use with a new detached structure built the full 150 feet from the Ordinary High Water Level of Peltier Lake, or with the existing detached structures already on the site. d. That granting the variance requested will not confer on the applicant any special • privilege that would be denied by this ordinance to other lands, structures, or buildings in the same district. Considering that an alternative location for the garage, detached from the structure, is available, granting the variance would allow the applicant to encroach into a setback in a way that other structures would not be allowed. e. That the proposed actions will be in keeping with the spirit and intent of the ordinance. The spirit and intent of the Ordinary High Water Level setback for structures is to minimize encroachment of development onto a natural environment. While the existing dwelling already encroaches upon the setback, the proposed addition would increase the length of the encroachment. PLANNING AND ZONING BOARD On October 8th the Planning and Zoning Board first heard the Variance request and after much deliberation, advised the applicant to submit revised plans. At the November 12th meeting, the Planning and Zoning Board voted 4 -0 to recommend approval of the variance request based on the revised plans. RECOMMENDATION • Staff is recommending adoption of Resolution No. 08 -134, denying the request for a variance to the Ordinary High Water Level setback of the Shoreland Ordinance based on the finding of facts. If the City council wishes to approve the request alternative findings must be made, and the following condition is recommended by staff. 1. Prior to certificate of occupancy for the addition, the property owner must submit proof that the accessory buildings on site have been reduced to a maximum of 4,200 square feet in area. ATTACHMENTS 1. Resolution No. 08 -134 2. Marier Justification Letters submitted September 12, 2008 and October 13, 2008. 3. Marier Site Plan submitted October 24, 2008 (two pages). • Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 08 -134 RESOLUTION DENYING A VARIANCE FROM THE SHORELAND ORDINANCE 150 FOOT SETBACK FROM THE ORDINARY HIGH WATER LINE OF PELTIER LAKE FOR 1801 77TH STREET. WHEREAS, the City has received an application for a Variance requesting that a home /garage addition be constructed 119 feet from the Ordinary High Water Line of Peltier Lake, and WHEREAS, the City's Shoreland Ordinance, in Chapter 1102.07 Subdivision 2, requires that a 150 - foot setback from the Ordinary High Water Level of any Natural Environment Lake (Peltier Lake) be provided for all unsewered structures, and WHEREAS, placement of the proposed addition would extend 21 feet into the required Ordinary High Water Line setback, and • WHEREAS, the following finding of facts have been made by the City Council: a. That the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. While the zoning ordinance requires an accessory structure for all residential properties, the structure is not required to be attached to the main structure. As such, the property would still have reasonable use with a new detached structure built the full 150 feet from the Ordinary High Water Level of Peltier Lake, or the existing detached structures on the site. b. That the plight of the landowners is due to physical circumstances unique to his property not created by the landowner. The City of Lino Lakes is home to many bodies of water which means being a riparian lot is in no way a unique characteristic or physical circumstance. As this is a lot of roughly five acres in size, a large portion of land is buildable and outside of the required setbacks. c. That the hardship is not due to economic considerations alone if reasonable use for the property exists under the terms of the ordinance. While the zoning ordinance requires an accessory structure for all residential properties, the structure is not required to be attached to the main structure. While the expense of construction may be higher, the property would still have reasonable use with a new detached structure built the full 150 feet from the Ordinary High Water Level of Peltier Lake, or with the existing detached structures already on the site. d. That granting the variance requested will not confer on the applicant any special privilege that would be denied by this ordinance to other lands, structures, or buildings in the same district. Considering that an alternative location for the garage, detached from the structure, is available, granting the variance would allow the applicant to encroach into a setback in a way that other structures would not be allowed. e. That the proposed actions will be in keeping with the spirit and intent of the ordinance. • The spirit and intent of the Ordinary High Water Level setback for structures is to minimize encroachment of development onto a natural environment. While the existing dwelling already encroaches upon the setback, the proposed addition would increase the length of the encroachment. NOW, THEREFORE BE IT RESOLVED THAT the Lino Lakes City Council denies the proposed Variance. John J. Bergeson, Mayor ATTEST: Julie Bartell, City Clerk Adopted by the Lino Lakes City Council this 24th day of November, 2008. The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. • • • Paul Bengtson Associate Planner 600 Town Center Parkway Lino Lakes, MN 55014 -1182 Dear Paul and Committee, Narrative Information for Variance on 1801 77th Street East - Marier Property Please grant a variance for the following reasons: 1. Enlarged the entrance to correct illegal stair case . to the basement level. 2. Correct entering the home into a closet with 3 levels to navigate in a confined area. Wheelchair and limited mobility access improved with change. 3. New entrance provides wheelchair and handicap access with a staging area. 4. Increase depth of garage to provide a straight stair case access on west wall to living area from garage. Will provide a means to install handicap lift system from garage to living area and provide room to navigate from the vehicle to stair case into the living area. 5. Raise garage height by 8 inches to improve drainage away from structure and improve access from garage area. 6. Add covered front entrance to correct water entering into well pit and root cellar. 7. Add 2 car garage to handicap entrance in order to use vehicle side lift system. 8. Add covered 3 season porch to exiting deck in order to cover walkout icing problem and provide sheltered sitting area History: Original 1856 Marier homestead farm house site with existing structure and proposed addition/remodel with greater set back from lake then original homestead •deweling. Home has provided care for Paternal and Maternal Parents, Grandparents and great Grandparents. Improvements will allow the use of new medical equipment to continue this tradition. Provisions are in place to ensure that the 4`h &5th generation Marier males will be able to provide this service as well as continue protecting the Peltier Lake Watershed. Please note that the new addition is 30 feet above the OHW and only 3 feet closer to the lake, leaving a 119.9 foot set back. Please approve project so generations to come can enjoy and protect this unique property. Respectfully submitted, Ron Marier Ron Marier RECEIVED SEP 1 2 2008 MY OF LINO LAKES 11- 06 Paul Bengtson Associate Planner 600 Town Center Parkway Lino Lakes, MN 55014 -1182 Dear Paul and Committee, Narrative Information for Variance on 1801 77th Street brier Property Requested information: 1. Anoka County property tax statement from 1999 to 2008 showing that 1 pay taxes on 5 acres and house location. Note: 2. 1995 Subdivision survey showing Barn measurements Barns are over 150 feet from high water mark. closer to the highwater mark than 3. 2008 survey and sketch showing new garage the old garage. Please consider a variance for proposed garage addition. tO VA- ittata `Viet/5 —76— • RECEIVED I OCT 1 2008 rsnr of uro us 0 100 200 -77- HULT:& B EBEISEN, PA. PO got 17 Feist Lab. IN 155025 pis ton 4114a1311 IN= pan 4514g12. haltaatraxes r..,— 4 Wpm. + rrrar.nr.• Client . RON WARIER .Project 1801 EAST 77TH ST:, HUGO, MN Location 11- 31 -22, ANOKA COUNTY, MN Certification Summary Revision History m — 1111111ELIONIT� Sheet Tide SKETCH Sheet Number Revision 10F1 Project No. 08142 Y U W LEGEND Bftominous Surface Existing Building Line LFE Lowest Floor Elevation DESCRIPTION (PER CLIENT) LOT 5 AUDITOR'S SUBDMSIDN NUMBER 55, ANOKA COUNTY, MINNESOTA SKETCH NOTES • 1, For details see bulld'mg plans 2.- Verlcal Datum = NOVD 1929 3. Ordinary High Water Elevation =684.7 feet Lowest Floor Elevation =904.6 feet RECEIVED OCT 2 4 2008 CITY OF LINO LAKES . HULT & HEBELSEN, P.A. PO Bac 37 P L MW 5 (e51) 4643134 ,Q (El) 4644622 wok: halemtrauros »+ -+WOOMI» Client RON MARIER Project 1801 EAST 77TH ST., HUGO, MN Location 1141 -22, ANOKA COUNTY, MN Certification Summary Ap'm66tt a1 Dram i071 Revision History NB. Dab e SAMHat 1 Isms ma U EUMW Sheet life SKETCH Sheet Number Revision 1 OF 1 Project No. 08142 • Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 08 -134 RESOLUTION APPROVING A VARIANCE FROM THE SHORELAND ORDINANCE 150 FOOT SETBACK FROM THE ORDINARY HIGH WATER LINE OF PELTIER LAKE FOR 1801 77TH STREET. WHEREAS, the City has received an application for a Variance requesting that a home /garage addition be constructed 119 feet from the Ordinary High Water Line of Peltier Lake at 1801 77th Street which is legally described as: Lot 5 Auditor's Subdivison Number 55 Revised, Anoka County, Minnesota ; and WHEREAS, the City's Shoreland Ordinance, in Chapter 1102.07 Subdivision 2, requires that a 150 - foot setback from the Ordinary High Water Level of any Natural Environment Lake (Peltier Lake) be 40 provided for all unsewered structures, and WHEREAS, placement of the proposed addition would extend 21 feet into the required Ordinary High Water Line setback, and WHEREAS, the following finding of facts has been made by the City Council: a. That the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. b. That the plight of the landowners is due to physical circumstances unique to his property not created by the landowner. c. That the hardship is not due to economic considerations alone if reasonable use for the property exists under the terms of the ordinance. d. That granting the variance requested will not confer on the applicant any special privilege that would be denied by this ordinance to other lands, structures, or buildings in the same district. e. That the proposed actions will be in keeping with the spirit and intent of the ordinance. NOW, THEREFORE BE IT RESOLVED THAT the Lino Lakes City Council approves the proposed Variance. John J. Bergeson, Mayor ATTEST: Julie Bartell, City Clerk Adopted by the Lino Lakes City Council this 8th day of December, 2008. The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted • • • CITY OF LINO LAKES PLANNING & ZONING BOARD MINUTES DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS ABSENT . STAFF PRESENT . November 12, 2008 6:30 P.M. 6:59 P.M. Michael Hyden, Perry Laden, Robert Nelson, Michael Root, Paul Tralle (Chair) Brian Pogalz (Vice Chair), Rob Rafferty Paul Bengtson, Jeff Smyser I. CALL TO ORDER AND ROLL CALL: Chair Tralle called the Lino Lakes Planning and Zoning Board`eeting to order at 6:30 p.m. on November 12, 2008. II. APPROVAL OF AGENDA The Agenda was approved as presented III. APPROVAL OF MINUTE; October 8, 2008 Mr. Laden made a MOTION to table the approval of the October 8, 2008 minutes to the December meeting. Motion was supported by Mr. Nelson. Motion carried 4 - 0. IV. OPEN Chair Tralle declared Open Mike at 6:33 p.m. There was no one present to speak. Mr. Nelson made a MOTION to close Open Mike at 6:34 p.m. Motion was supported by Mr. Laden. Motion carried 4 - 0. V. ACTION ITEMS Planning & Zoning Board November 12, 2008 Page 2 A. CONTINUED Variance from the Ordinary High Water Level to allow for the reconstruction of an accessory structure located at 1801 77th St. Paul Bengtson, Associate Planner, presented the staff report. Staff recommended denial of the variance request, due to the findings of fact. Mr. Bengtson stated that Mr. Marier had provided documentation from the county that his parcel is five acres in size. Ron Marier, 1801 77th St., stated that he revised the plan, removed the request for a porch cover, and was willing to reduce the size of an accessory structure if necessary to obtain the variance. He noted that the garage is the most important piece to allow for handicap access to the property. Mr. Nelson made a MOTION to recommend approval of the Variance from the OHWL to allow for the reconstruction of an accessory structure located at 1801 77th St subject to the following condition: 1. Prior to certificate of occupancy for the addition, the property owner must submit proof that the accessory buildings on site have been reduced to a maximum of 4,200 square feet in area Motion was supported by Mr. Root. Motion carried 4 - 0. B. PUBLIC HEARING to Amend the Planned Unit Development for Legacy at Woods Edge to amend the signage standards within Chapter 5 of the Lino Lakes Town Center Design and Development Guide. Mr. Bengtson presented the staffreport. Staff recommended approval of the amendment request. Mr. Hyden arrived at 6:52 p.m. Mr :Tralle opened the .Public Hearing at 6:53 p.m. No one was present to speak. Mr. Root made a MOTION to close the Public Hearing at 6:54 p.m. Motion was supported by Mr. Laden. Motion carved 4 -0. Mr. Laden made a MOTION to approve the amendment to the Town Center Design and Development Guide to allow user tenants to have three wall signs. Motion was supported by Mr. Nelson. Motion carried 4 -0. C. Final Plat for Marketplace 3rd Addition for a commercial subdivision lot line adjustment. Mr. Bengtson presented the staff report. Staff noted that the city attorney approved of the plat as presented. Staff recommended approval of the Final Plat. DRAFT MINUTES • • • Planning & Zoning Board November 12, 2008 Page 3 Mr. Nelson made a MOTION to approve the Final Plat for Marketplace 3rd Addition. Motion was supported by Mr. Root. Motion carried 4-0. VL DISCUSSION ITEMS A. Comp Plan Update Mr. Smyser stated that the City Council approved the distribution of the Comprehensive Plan Update for review by neighboring communities, counties and school districts. He added that the council will continue discussion of the plan during this review period. VII. ADJOURNMENT Mr. Nelson made a MOTION to adjourn the meeting at 6:59 p.m. Motion was supported by Mr. Tralle. Motion carried 4-0. Respectfully submitted, Dawn Bugge Community Development Assistant • • • CITY OF LINO LAKES PLANNING & ZONING BOARD MINUTES DATE : TIME STARTED : TIME ENDED : MEMBERS PRESENT MEMBERS ABSENT : STAFF PRESENT October 8, 2008 630 P.M. 9:08 P.M. Michael Ryden, Perry Laden, Robert Nelson, Brian Pogalz (Vice Chair), Rob Rafferty, Paul Tralle (Chair) Michael Root Paul Bengtson, Jeff Smyser L CALL TO ORDER AND ROLL CALL: Chair Tralle called the Lino LakesPlanning and Zoning Board meeting to order at 6:30 p.m. on October 8, 2008. IL APPROVAL OF AGENDA Mr. Rafferty requested that Discussion Item C be added for discussion of the Comprehensive Plan. The agenda was approved as amended. DLL APPROVAL OF MINUTES: September la, 2008 Rafferty requested a. revision to the minutes on Page 7, paragraph 8, changing the word "previous" to "existing." Mr. Hyden;'Inade a MOTION to approve the September 10, 2008 Minutes with the requested change_ Motion was supported by Mr. Laden. Mr. Nelson arrived. Motion carried 4 - 0. Nelson abstained. IV. OPEN MIKE Chair Tralle declared Open Mike at 6:35 p.m. There was no one present for Open Mike. DRAFT MINUTES • • • Planning & Zoning Board October 8, 2008 Page 2 Mr. Pogalz made a MOTION to close Open Mike at 6:36 p.m. Motion was supported by Mr. Hyden. Motion carried 5 - 0. V. ACTION ITEMS A. Variance from the Ordinary High Water Level to allow for the reconstruction of an accessory structure located at 180177th St. Paul Bengtson, Associate Planner, presented the staff report. Mr. Bengtson explained that since the writing of the staff report, staff identified additional issues with the application. Upon a site inspection, staff became aware that there are two existing accessory structures on the property, which. would be counted as part of the total allowable accessory structures. Mr. Bengtson explained that a total of 3600 sq. ft. of accessory structures are allowed on a 4.89 acre parcel. In addition, the application includes a request to put a roof structure over part of an existing deck. He stated that because the existing deck is already an encroachment into the shoreland setback area, the proposed deck cover addition would also be considered an encroachment. City Staff recommended denial of the variance request based on the facts that the proposed addition would increase its nonconformity from the shoreland setback, the proposed addition would surpass the allowable accessory buildings on the site, and the proposed deck cover addition would be an additional encroachment. Mr. Bengtson explained that without approval of the application, the applicant would still be able to rebuild exactly what existed prior to the removal of his garage. • Applicant, Ron Mari,. er1801 77th ' St , stated that his property is taxed at 5.14 acres. On Peltier Lake, his house is the farthest away from the lake as well as the highest. His plan is to install a handicapped lift system in the home. Mr. Marier said that in order to receive approval, he `would move the addition back to match the setback of the house. He explained that they take care of people in an assisted living type of process. He is planning to add a mud room to correct a water problem as well as to increase the area for handicap access. Mr. Marier would like to keep this tradition going into the future. He stated that without the addition, he would probably have to sell the property. Mr. Marier would really like to keep the property in his family and would keep the property as pristine as it is now. Board members discussed the possibility of the addition being moved towards the front of the home. Mr. Marier stated that he has been planning this project for many years and explained why the addition is located as proposed. Mr. Marier noted that a different location would change the aesthetics of the house. He would like to keep the original integrity of the home. Mr. Marier explained the history of the property as well as the existing structures on the site. DRAFT MINUTES Planning & Zoning Board October 8, 2008 Page 3 Board members asked if Mr. Marier would consider reducing or removing one of the existing accessory structures in order to meet the accessory structure allowance. Mr. Marier stated that he would tear down a building if necessary. He explained that this garage built for handicap access is more important than his existing storage buildings. Staff explained that if Mr. Marier's property is indeed five acres, the total allowable accessory structures would be 4200 sq. ft. The existing sheds are roughly 4200 sq. ft. and the new structure would be 1000 sq. ft. The new total would be 5200 sq. feet. This would be a net increase of 475 sq. ft. from that of the previous garage. Mr. Marier believes that the discrepancy of the total square footage of his lot is that the St. Paul Water Department claims to own part of the shoreline area, but Mr. Marier believes the he owns all of the property. Some board members did not see a problem considering the lot size as five acres if the applicant is paying taxes for that size of property. Most board members agreed that they would prefer that the applicant stay within the maximum square footage of allowable accessory structures, as well as moving the structure back so to not increase the encroachment. Mr. Nelson was comfortable with the proposal, pointing out that the Marier family has been good stewards of the land, and did not agree that the applicant should have to destroy a pre - existing shed. Board Members recommended that Mr. Marier return to the November meeting with documentation that the property is five acres, revised to -scale drawings showing a new proposal for the addition, and the exact sizes of the existing accessory structures. They stated that they would not approve the addition of a roof over the existing deck. Mr. Marier declared that he understood what the board was requesting. Mr. Laden made a MOTION to table this item to the November Planning and Zoning Board Meeting. Motion was supported by Mr. Rafferty. Motion carried 5 - 0. VL DISCUSSION ITEMS' A. Animal Chiropractic Care Mr. Bengtson presented the staff report. Dr. Josee Gerard, 6776 Lake Drive, Suite 210, is a licenses animal chiropractor. Ms. Gerard explained that she was the person who worked for the past five years to get the licensing of animal chiropractic care approved in the state of MN. Ms. Gerard referred to specific areas of the statute that specified requirements of treating humans and animals in the same facility. Mr. Bengtson stated that there were no health concerns from Anoka County, the State Board of Health, and the State Board of Chiropractors. DRAFT MINUTES • • • • Planning & Zoning Board October 8, 2008 Page 4 Ms. Gerard explained that the owner of the E. G. Rud building suggested that her facility be located in the garage area of the Rud building for the care of animals. She clarified that livestock animals would be treated on a house -call only basis, not in the clinic. Mr. Laden made a MOTION to forward to city council that the interpretation of chiropractic care in the Lino Lakes Zoning Ordinance includes domestic animals. Motion was supported by Mr. Hyden. Motion carried 5 -0. B. Town Center Signage Requirements Mr. Bengtson presented the staff report. The majority of the board members agreed that they would be comfortable with amending the Town Center Guidelines to allow a third wall sign to businesses in the Town Center development. Staff agreed to forward the board's comments to the Country Inn and Suites. C. Comp Plan Update Mr. Rafferty discussed his concerns with the limited attendance at Comprehensive Plan Advisory Panel meetings throughout the Comprehensive Plan update process. Mr. Rafferty was concerned about issues that changed throughout the drafting of the plan and the review of those changes by the panel. Mr. Pogalz stated that meeting materials were distributed to all of the advisory panel members, and every member had the opportunity to make comment. VII. ADJOURNMENT Mr. Rafferty made a MOTION 40 adjourn the meeting at 9:08 p.m. Motion was supported by Mr. Hyden. Motion carried 5 -0. Respectfully submitted, Dawn Bugge Community Development Assistant Subd. 4. Administration: Variances and Appeals. A. Variances. Variances from the literal provisions of the ordinance may be granted in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration. 1. Findings of Fact. In considering all requests for variance or appeal and in taking subsequent action, the City shall make a finding of fact: a. That the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. b. That the plight of the landowners is due to physical circumstances unique to his property not created by the land owner. c. That the hardship is not due to economic considerations alone if reasonable use for the property exists under the terms of the ordinance. That granting the variance requested will not confer on the applicant any special privilege that would be denied by this ordinance to other lands, structures, or buildings in the same district. e. That the proposed actions will be in keeping with the spirit and intent of the ordinance. 2. Variance Procedure. The City shall decide upon requests for variance by approving or denying the same in part or in whole. The procedure for granting variances is as follows: a. A person desiring a variance shall fill out and submit to the Zoning Administrator or his /her designee a "Land Use Application Form ", together with a fee as established by City Council resolution /ordinance and all related material to document said hardship. b. The request for variance shall be placed on the agenda of the Planning and Zoning Board according to the City's deadline and meeting schedule. The request shall be considered as being officially submitted and the application approval timeline commences when all the information requirements are complied with. Lino Lakes Zoning Ordinance Administration 2 -11 • • c. The City Council shall approve or deny the application for a variance within sixty (60) days of receiving all required information. The sixty (60) day time limit starts over only if the City sends notice, within ten (10) business days of receipt of the request, telling the applicant what information is missing. The City may extend the sixty (60) day time limit before the end of such time limit by providing written notice of the extension to the applicant. The notification must state the reasons for the extension and its anticipated length, which may not exceed sixty (60) days, unless approved by the applicant. Failure of the City Council to deny an application within sixty (60) days is approval of the request. If the City Council denies a request, it must state in writing the reasons for the denial at the time it denies the request. d. The petitioner or representative may appear before the Planning and Zoning Board in order to present information or to answer questions. e. The City Council may grant the variance if it has been established that a hardship exists. The City Council shall, on all variance applications whether granted or denied, record a finding of fact. Such findings shall be recorded in writing and shall state the City Council's reasons for such action. f. Following approval of the variance, the City shall file a certified copy thereof including a legal description of the property with the County Recorder or Registrar of Titles. 3. Submittal Requirements. Applications for variances shall be filed with the Community Development Department and shall be accompanied by the following submittal information: a. Proof of title and contract/purchase agreement and /or property owner signature on the application form when applicable. b. Eight (8) large scale copies and reduced (11" x 17 ") copies of detailed written materials, plans and specifications to include the following information: Note: One /two additional large scale copies shall be provided for each of the following, if applicable: • Project adjacent to a County Road or County State Aid Highway — (2 sets) • Project adjacent to a State Highway or Interstate Highway — (2 sets) Lino Lakes Zoning Ordinance Administration 2 -12 • Project lies within a Shoreland District — (1 set) c. Certificate of survey prepared by a licensed land surveyor identifying the following: The Community Development Department may waive the certificate of survey when the survey will not provide information relevant to the variance necessary to review the application. 1) Scale (engineering only) at not less than one (1) inch equals one hundred (100) feet. 2) North point indication. 3) Existing boundaries with lot dimension and lot area. 4) Existing buildings, structures and improvements. 5) Easements of record. 6) Delineated wetland boundary, to include the OHWL of any lakes or DNR waters. 7) All encroachments. 8) Legal description. d. Graphic information, plans, specifications, or other materials that illustrate the requested variance. e. Narrative description of the unique hardship associated with the property that warrants the consideration of the variance, to include: 1) That the property in question cannot be put to reasonable use if used under the conditions allowed by the official controls. 2) That the plight of the landowner is due to physical circumstances unique to the property not created by the landowner. 3) That the hardship is not due to economic considerations alone if a reasonable use for the property exists under the terms of the ordinance. 4) That granting the variance requested will not confer on the applicant any special privilege that would be denied by this Lino Lakes Zoning Ordinance Administration 2 -13 • ordinance to other lands, structures, or buildings in the same district. 5) That the proposed actions will be in keeping with the spirit and intent of the ordinance. B. Appeal Procedure. An appeal shall only be applicable to an administrative permit, order, requirement or interpretation of intent of provisions of this Ordinance. Opinions and evaluations as they pertain to the impact or result of a request are not subject to the appeal procedure. The City Council shall be the Board of Appeals and Adjustments with powers listed in Minnesota Statutes 462.357, subdivision 6. 1. Appeal Procedures. a. An appeal from an administrative action shall be filed by the property owner or their agent with the Zoning Administrator within ten (10) days after the making of the order, requirement, or interpretation being appealed. b. The property owner or their agent shall file with the Zoning Administrator an application for appeal stating the specific grounds upon which the appeal is made. Said application shall be accompanied by a fee as established by City Council ordinance. In cases where the application is judged to be incomplete, the Zoning Administrator shall notify the applicant, in writing, within ten (10) days of the date of submission. c. An appeal stays all proceedings and the furtherance of the action being appealed unless it is certified to the Board of Adjustment Appeals, after the notice of appeal is filed, that by reason of facts stated in the certificate a stay would cause imminent peril to life and property. d. The Zoning Administrator shall instruct the appropriate staff persons to prepare technical reports when appropriate and shall provide general assistance in preparing a recommendation on the action to the Board of Adjustments and Appeals. e. The Board of Appeals and Adjustment shall consider the application for appeal at a public meeting and consider testimony of the property owner and City staff. Lino Lakes Zoning Ordinance Administration 2 -14 f. Pursuant to Minnesota Statutes 15.99, the Board of Adjustment and Appeals shall make its decision by resolution within sixty (60) days from the date on which a completed application is filed, unless the review is extended as allowed by MN Stat. 15.99. g. The Zoning Administrator shall serve a copy of the final order of the Board upon the applicant by mail. • Lino Lakes Zoning Ordinance Administration 2 -15 • Subd. 3. Variances. A. Variances may only be granted in accordance with Minnesota Statues, Chapter 462, as applicable. A variance may not circumvent the general purposes and intent of this ordinance. No variance may be granted that would allow any use that is prohibited in the zoning district in which the subject property is located. Conditions may be imposed in the granting of a variance to ensure compliance and to protect adjacent properties and the public interest. In considering a variance request, the zoning Administrator must also consider whether the property owner has reasonable use of the land without the variance, whether the property is used seasonally or year- round, whether the variance is being requested solely on the basis of economic considerations, and the characteristics of development on adjacent properties. B. The City Council shall hear and decide requests for variances in accordance with the rules that it has adopted for the conduct of business in Section 5, Subd. 7 of the City Zoning Ordinance. When a variance is approved after the Department of Natural Resources has formally recommended denial in the hearing record, the notification of the approved variance required in 1102.04, Subd. 4B shall also include the City Council's summary of the public record/testimony and the findings of facts and conclusions which supported the issuance of the variance. C. For existing developments, the applications for variance must clearly demonstrate whether a conforming sewage treatment system is present for the intended use of the property. The variance, if issued, must require reconstruction of a nonconforming sewage treatment system. Subd. 4. Notification to the Department of Natural Resources A. Copies of all notices of any public hearings to consider variances, amendments, or conditional uses in the Shoreland Overlay District must be sent to the Commissioner of the Department of Natural Resources or the Commissioner's designated representative and postmarked at least ten (10) days before the hearings. Notices of hearing to consider proposed subdivision /plats must include copies of the subdivision /plat. B. A copy of approved amendments and subdivisions /plats, and final decisions granting variances or conditional uses in the Flood Plain or Shoreland Management Districts must be sent to the Commissioner or the Commissioner's designated representative and postmarked within ten (10) days of final action. 1 • • • WS — Item 4 WORK SESSION STAFF REPORT Work Session Item 4 Date: December 1, 2008 To: City Council From: Gordon Heitke Re: North Metro I -35W Corridor Coalition Background Mr. Dick Swanson of the Blaine City Council appeared before the Council at the November 3, 2008 work session to provide an update on I -35W issues and the activities of the North Metro I -35W Corridor Coalition. The coalition consists of north metro local governments served by I -35W who plan and advocate for I -35W improvements. Mr. Swanson encouraged the City of Lino Lakes to join the coalition. He stated that the membership fee is based on population and market value, with the first year of membership being $2,000. The Council directed staff to place this issue on the December work session agenda for further consideration. Requested Council Direction Staff is seeking direction as to whether the Council wishes to become a member of the North Metro I -35W Corridor Coalition in order to prepare the necessary resolution and budget adjustment. Attachments 1. North Metro I -35W Corridor Coalition Progress Report, August 2008 1 Anoka County - Blaine - Circle Pines — Lexington - Minneapolis - Mounds View - New Brighton - Ramsey County NORTH METRO I -35W CORRIDOR COALITION PROGRESS REPORT AUGUST 2008 1000 Westgate Drive, Suite #252, St. Paul, MN 55114 TEL (651) 203 -7241 FAX (651) 290 -2266 • INTRODUCTION Almost three years ago, on August 31, 2005, the Board of Directors of the North Metro I -35W Corridor Coalition adopted a Resolution committing to focus future efforts on achieving transportation system improvements in the north I -35W Corridor. The Resolution further invited all interested cities, counties, townships and business organizations to join in that effort. Following is a summary of achievements and the current status of improvements pending in the Corridor. • CURRENT WORK TASKS 1. FEDERAL & STATE FUNDING a. Goal: Secure federal and state fund allocations and near term scheduling of priority projects, including reconstruction of 1 -694 between I -35W & 1 -35E, congestion mitigation projects on I -35W and provisions for transit service in the Corridor. b. Progress: i. Congress has approved an earmark of $882,000 in 2008 funds for congestion mitigation and future system design tasks. ii. The Senate has earmarked $1 million in 2009 funds for further work on congestion mitigation and system design. iii. Mn /DOT is scheduling regular program funds to match and supplement available federal funds. One example is the installation of a median cable barrier system to enhance safety in the Corridor. iv. Transit services in the Corridor area benefited with a $14 million allocation of funds provided to Minnesota for mitigation of impacts of the I -35W Bridge collapse. v. The updated Metro Transit System Plan identifies the I -35W Corridor for consideration for additional services. vi. Mn /DOT is planning for a major pavement repair project in 2011 from 1 -694 to 95th Avenue. 2. CONGESTION MITIGATION PROJECTS: a. Goal: Implement low cost/high payoff projects that reduce congestion. b. Progress: i. Construction of an auxiliary lane on southbound I -35W between Lake Drive and TH 10 westbound is scheduled for construction in 2009. ii. Construction of an auxiliary lane on northbound I -35W between Lake Drive and 95th Avenue is anticipated in 2010. iii. Design work is underway on the 1 -694 interchange to address northbound I- 35W congestion. 3. SYSTEM DESIGN PLANNING a. Goal: Identify future I -35W mainline expansion design plans that will provide the framework for staged construction. 1000 Westgate Drive, Suite #252, St. Paul, MN 55114 TEL (651) 203 -7241 FAX (651) 290 -2266 b. Progress: Mn /DOT is assembling current data and are updating traffic forecasts. Recommendations for "next steps" will be discussed at our September Board meeting. 4. ORGANIZATION MEMBERSHIP a. PUBLIC: Current Membership includes Anoka County, Blaine, Circle Pines, Lexington, Minneapolis, Mounds View, New Brighton and Ramsey County. b. COMMUNITY: Current participating partners include the Twin Cites North Chamber of Commerce, Mn /DOT and Metro Transit. BACKGROUND The NM I -35W Corridor Coalition was established in December 1996 with the adoption of the enabling Joint Powers Agreement by the founding member cities. The founding members formed the Coalition specifically to jointly address intensifying concerns about congestion in the I -35W Corridor north of TH 36, the impacts that congestion was having on the quality of life in the member communities and the adverse impacts congestion would have on pending development and redevelopment projects in the Corridor. Recognizing that major investments required for expansion of I -35W to address capacity constraints that were causing the congestion were not programmed in the foreseeable future, the Coalition embarked on a two pronged strategy. The first strategy focused on bringing the needs for improvements to the attention of Mn /DOT and the Metropolitan Council to ensure that investments would be scheduled in future plans. The second strategy focused on determining the improvements needed to balance the need for regional mobility and local access required to support the pending economic growth ventures. Progress on the first strategy has been slow. While numerous studies have demonstrated the significant need for expansion of capacity on I -35W, programming of the major investments has not progressed because the "2030 PLAN" is fiscally constrained and funding for expansion of capacity is a lower priority than safety, system preservation and system management categories of work. Consequently, more emphasis has been placed on a new two -part strategy. Given that major reconstruction is years in the future, the Coalition's current emphasis is on 1) development and funding of "congestion mitigation" projects that will provide early relief through lower cost small area projects, and, 2) preparing a design plan for the ultimate reconstruction so that interim investments will fit the final layout and investments will not be wasted. These strategies work in parallel and provide the opportunity to make progress in a difficult funding environment. U:\I-35W\2006-2007 ACTION PLAN \August 2008 Progress Report.doc 1000 Westgate Drive, Suite #252, St. Paul, MN 55114 TEL (651) 203 -7241 FAX (651) 290 -2266 • • • • • WS — Item 5 WORK SESSION STAFF REPORT Work Session Item 5 Date: December 1, 2008 To: City Council From: Gordon Heitke Re: Five year Financial Plan Completion Background At the November 3, 2008 work session, staff discussed the initial draft of the 2009 -2013 Five -Year Financial Plan. Staff noted the impact of the current economic conditions and levy limits, resulting in challenges to balance projected future revenues with projected expenditures consistent with present service levels. It was decided that the Council and staff would engage in a strategic planning process, beginning in February, 2009, to analyze revenue sources and identify service priorities in order to guide the Five -Year Financial Plan. Resolution No. 06 -213 states that the city council will adopt a Five -Year Financial Plan by December 31 of each year. Requested Council Direction Staff is seeking direction as to whether the Council prefers to conduct a public hearing and adopt the draft plan in its present form to meet the established adoption date, or take action extending the adoption date of the plan in order to conduct strategic planning sessions in order to complete the plan. Attachment 1. Resolution No. 06 -213 1 Council Member g introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 06 -213 RESOLUTION ADOPTING A GENERAL TIMELINE FOR THE PREPARATION, SUBMISSION AND ADOPTION OF THE FIVE -YEAR FINANCIAL PLAN WHEREAS, the City Council wishes to set out a timeline for the preparation, submission and annual adoption of the five -year plan NOW, THEREFORE, BE IT RESOLVED, by the Lino Lakes City Council that: 1) The draft five -year financial plan shall be developed in tandem with the annual budget, incorporating the goals and objectives of the City Council. Adjustments and refinements shall be made to the draft five -year financial plan during the month following the certification of the preliminary budget, which occurs on September 15. 2) The draft five -year financial plan shall be submitted to the City Council for review at its first work session in November. 3) Following a review of the City Council at such work session and any ensuing work sessions, as necessary, a public hearing will be scheduled in December to receive public comment on the five -year plan. 4) The five -year plan shall be adopted by the City Council following the public hearing, along with any revisions arising therefrom, by the end of December. Adopted by the Lino Lakes City Council this 18th day of December, 2006. The motion for the adoption of the foregoing resolution was duly seconded by Council Member Carlson and upon vote being taken thereon, the following voted in favor thereof: Reinert, Carlson,. O'Donnell, Stoltz, Bergeson The following voted against same: none Whereupon said resolution was declared duly passed and ado _e Julianne Bartell, City le Jo n Be : eson, Mayor • • • • • • WS — Item 6 WORK SESSION STAFF REPORT Work Session Item #6 Date: December 1, 2008 To: City Council From: Julie Bartell Re: City Code Update — Title 600, Business & Activity Licenses Background The Lino Lakes City Code, the regulations of the city, has not been updated since 1993. The council has established a 2008 goal to update the code. At the November work session, staff presented a draft updated city code along with a color coded index. It was requested that the council begin reviewing independently the green coded chapters that are not amended or contain general non - substantive revisions. Staff would like to first respond to any questions that council members have come across as they have begun to review those sections. Next in the process, in order to ensure that the council is fully aware of any substantive or policy driven proposed revisions, staff will be presenting the yellow coded chapters for complete explanation and council review of proposed changes. At the December 1 work session, Title 600 regarding Business and Activity Licenses will be reviewed. This title contains three yellow -coded chapters relating to: - 602. Regulating the Sale, Possession and Use of Tobacco Products and Tobacco Related Devices - 611. Gambling - 613. Transient Merchant, Peddler, Canvasser and Solicitor Proposed revisions to these chapters are shown in red and explanations are offered within the draft code book. Staff will be further reviewing all of the proposed changes at the work session. 1 • • WS — Item/ WORK SESSION STAFF REPORT Work Session Item 7 Date: 1 December 2008 To: City Council From: Dan Tesch, Director of Administration Re: Investigation Results Background The attached investigation results were distributed to the council in last week's Friday Report. Requested Council Direction The council should officially receive or accept the report. Mr. Dougherty is available on December 8th if the council has questions for him. Attachment(s) 1. The Investigation Report. 1 LARRY S. SEVERSON JAMES F. SHELDON MICHAEL G. DOUGHERTY* MICHAEL E. MOLENDA# LOREN M. SOLFEST *# SHARON K HILLS ROBERT B. BAUER* TERRENCE A. MERRITT# ANNETTE M. MARGARIT STEPHEN A. LING* SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. A PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW SUITE 600 7300 WEST 147TH STREET APPLE VALLEY, MINNESOTA 55124 -4517 (952) 432 -3136 TELEFAX NUMBER (952) 432 -3780 www.seversonsheldon.com November 12, 2008 Dan Tesch Director of Administration City of Lino Lakes 600 Town Center Parkway Lino Lakes, Minnesota 55014 Re: Investigation Our File No. 10555 -28328 GARY L. HUUSKO# CHRISTINE J. CASSEI .L BRIAN J. WIS MICHAEL D. EMILY FOX WILLIAMS MATTHEW J. SCHAAP THOMAS R. DONELY JESSICA L. SANBORN RYAN J. BIES WILLIAM M. TOPKA ERIN. E. BOERSCHEL Dear Mr. Tesch: Enclosed is the Investigation Report that was prepared in connection with our services. Should you have any questions concerning the same, please be in contact with me. I have also included a statement for our services. Thank you for allowing me to serve the interests of the City. Cordially, Z chael G. GD /jlt Enclosure E -mail: doughertym@seversonsheldon.com Direct: (952) 953 -8820 INDIVIDUAL ATTORNEYS ALSO LICENSED IN IOWA, WISCONSIN AND MISSOURI tQUALIFIED NEUTRAL UNDER RULE 114 OF THE MINNESOTA GENERAL RULES OF PRACTICE #REGISTERED PATENT ATTORNEY *MSBA BOARD CERTIFIED REAL PROPERTY SPECIALIST Y S. SEVERSON CHE. SHELDON CHAEL G. . DOUGHERTY* MICHAEL E. MOLENDA$ LOREN M. SOLFEST *$ SHARON K. HILLS ROBERT B. BAUER* TERRENCE A. MERRITT$ ANNETTE M. MARGARIT STEPHEN A. LING* • • SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. A PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW SUITE 600 7300 WEST 147TH STREET APPLE VALLEY, MINNESOTA 55124 -4517 (952) 432 -3136 TELEFAX NUMBER (952) 432 -3780 www.seversonsheldon.com INVESTIGATIVE REPORT GARY L. HUUSKO# CHRISTINE J. CASSELLIUS$ BRIAN J. WISDORF* MICHAEL D. KLEMM$* EMILY FOX WILLIAMS MATTHEW J. SCHAAP THOMAS R. DONELY JESSICA L. SANBORN RYAN J. BIBS WILLIAM M. TOPKA ERIN. E. BOERSCHEL ISSUE: DID MEMBERS OF THE LINO LAKES CITY COUNCIL VIOLATE THE MINNESOTA OPEN MEETING LAW? INTRODUCTION STANDARD OF CONDUCT. Chapter 13 of the Minnesota Statutes ( "Open Meeting Law ") requires that all meetings of the governing body of a city be open to the public subject to limited exceptions. Before closing a meeting to the public (required of all exceptions), the city council shall state on the record the specific ground permitting the meeting to be closed and describe the subject to be discussed. What is a meeting? The Minnesota Supreme Court has held that "meetings subject to the requirements of the Open Meeting Law are those gatherings of a quorum or more members of the governing body... at which members discuss, decide or receive information as a group on issues relating to the official business of that governing body." What is the purpose of the open meeting law? The open meeting law is designed to avoid secret meetings, to allow the public to be informed about public officials' decision making and to allow members of the public to present their views to the public officials. EVIDENCE REVIEWED I was given full access to any information that I deemed was necessary in order to reach my findings. I conducted interviews with each of the members of the City Council, including the Mayor, as well as pertinent staff members. I further obtained and reviewed documents that I deemed relevant to making a determination. FINDINGS The evidence, together with the credibility of the testimony, reasonably supports the following: INDIVIDUAL Al 1DRNEYS ALSO LICENSED IN IOWA, WISCONSIN AND MISSOURI $QUALIFIED NEUTRAL UNDER RULE 114 OF THE MINNESOTA GENERAL RULES OF PRACTICE #REGISTERED PATENT ATTORNEY *MSBA BOARD CERTIFIED REAL PROPERTY SPECIALIST Investigative Report November 12, 2008 Page 2 1. A gathering of three Lino Lakes council members to discuss official business of the city constitutes a meeting. 2. A meeting (work session) of the Lino Lakes City Council occurred on July 28, 2008 at 5:30 p.m. Notice of the meeting was properly made. All members of the City Council and the Mayor were present. 3. At the work session, the Mayor distributed a letter dated July 18, 2008 addressed to the Mayor from Cori Duffy, Chair of the Lino Lakes Charter Commission. 4. The activities of the Lino Lakes Charter Commission are a significant issue to the Lino Lakes City Council. 5. A regular meeting of the Lino Lakes City Council occurred on July 28, 2008 commencing at 6:30 p.m. Notice of the meeting was properly made. All members of the City Council and Mayor attended the meeting, which took place in the council chambers. 6. At 7:15 p.m. on July 28, 2008, the council, upon motion made and seconded, voted to adjourn the meeting. 7. Following the vote to adjourn, neither the council collectively nor individually sought to remove anyone from the council chambers or otherwise prevent anyone in attendance from observing the conduct within the council chambers. 8. Following the vote to adjourn, two to four distinct conversations occurred involving City Council members and/or City staff. 9. Within two to five minutes following the vote to adjourn, two of the five Council members had left the Council chambers. 10. Within five to ten minutes following the vote to adjourn, a third Council member left the Council chambers, leaving one Council member and the Mayor in the Council chambers. DETERMINATION The Lino Lakes City Council held a regular meeting on July 28, 2008. Following the motion to adjourn, several council members engaged in conversations, either with other council members or with city staff. The Complainant, a member of the council, alleged that he heard the words "charter" and "amendment" being used by a staff person. As one of the first • • • • • Investigative Report November 12, 2008 Page 3 council members to exit the building, the Complainant alleged that he observed three council members apparently engaged and listening to the remarks of one staff person. The Complainant expressed concern that the discussion may in fact have continued following his exiting the building. The Complainant has raised the issue of whether what he observed was an illegal meeting, that is, a violation of the Open Meeting Law. The answer to the issue starts with a determination of whether a meeting has occurred. There is no doubt that the Lino Lakes City Council gathered as a quorum on July 28, 2008; commencing as a regular meeting at 6:30. The meeting was duly noted, held in the council chambers and open to the public. While the business being conducted ended with the vote on the motion to adjourn, the meeting of the council continued until such time as there was less than a quorum of the council members together. The meeting ended with the departure of the third council member from the chambers, approximately ten minutes after the vote to adjourn. The mere fact that the meeting continued after the vote for adjournment does not automatically constitute a violation of the Open Meeting Law. There is no statute addressing a post adjournment gathering and there is no Minnesota case law or law from other jurisdictions directly on point. The determination as to whether there was a violation on July 28th lies in the purpose behind the Open Meeting Law. As noted earlier, the primary purpose is to prevent private meetings from occurring where the public cannot have access to or observe the deliberations of the city council. On July 28th, the continuation of the meeting for several minutes following the vote of adjournment did not frustrate the principal purpose behind the Open Meeting Law. The public was duly aware of the meeting that was to occur on the 28th beginning at 6:30. There was no expression or expectation that the meeting would terminate at a given time. The meeting was fully open to the public and no effort was made to either restrict or prohibit the public from either attending or remaining in the council chambers following the vote for adjournment. In addition, the council members took no steps to hold private conversations or as a quorum to remove themselves to a different location. Therefore, under the facts and circumstances, I am of the opinion that there was no violation of the Open Meeting Law. Because I have determined that no violation occurred, it is not necessary to opine whether what the Complainant heard or saw actually occurred. The outcome remains the same regardless of the truth of the Complainant's observation. CAUTION My opinion solely relates to the specific facts herein and should not be interpreted as support for future activities which could lead to an Open Meeting Law violation. Continuation of discussion in the council chambers following a motion to adjourn should not be condoned. Each council member should be concerned as to the possibility of a violation as the penalty is personal. Every effort should be made as a council member to depart from an existing quorum so as to avoid a meeting from continuing, which in other circumstances may prove Investigative Report November 12, 2008 Page 4 to be a violation. Additionally, members of the council should be aware that simply removing themselves from a quorum (without objecting to what is occurring) may not shield them from liability. Good faith or lack of harm is not a defense to an action for violation of the Open Meeting Law. Moreover, the Minnesota Court of Appeals has held that attendance at a meeting is also not required. In a recent case, the Court found a member to have violated the Open Meeting Law, finding that a member was instrumental in arranging the meeting, was aware of the meeting, and simply did not attend. The Court noted that the member did not indicate that his non - attendance was out of concern that the meeting might violate the Open Meeting Law. Under the Court's reasoning, had the facts supported an opinion that the Lino Lakes Council conducted a meeting in violation of the Open Meeting Law by remaining in the council chambers beyond the vote to adjoum, all five members could be subject to a penalty. The two council members that left the chambers first are not excused or immune from liability solely based on their removal from the council chambers, particularly if they had knowledge that a meeting in violation of the Open Meeting Law was taking place. In fact, neither of them asserted nor in any way declared that they were leaving in order to avoid an Open Meeting Law violation. I have concluded that under the present facts and circumstances a violation has not occurred; however, my opinion should not be comfort to those who wish to continue the practice of holding conversations in the council chambers following the motion to adjourn. Under Robert's Rules of Order, an affirmative vote on a motion to adjourn terminates a meeting. Having acted to terminate the business before the council, the members of the council should appropriately leave as soon as practical and keep any private conversations in a non - quorum forum. c ` tted, chael -444trarippe. GD /j It E -mail: dour h, m s seversonsheldon.com Direct: (952) 953 -8820 Respec STATUTES AND CASE LAW 1. Minn. Stat. 13D.01 2. Minn. Stat. 13D.04 3. Moberg v. ISD No. 281, 336 NW2d 510 (1983) 4. Thuma v. Kroschel, 506 NW2d 14 (Minn. App. 1993) 5. Brown v. Cannon Falls Township, 723 NW2d 31 (Minn. App. 2006) • • •