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1 <br />1 <br />1 <br />CITY COUNCIL MEETING SEPTEMBER 26, 1994 <br />Ms. Constant said that she looked forward to working for both <br />cities and felt that with her years of experience would be <br />helpful in reaching and exceeding waste abatement goals. Ms. <br />Constant has worked for Minnesota Resources who is the largest <br />processor and marketer for recyclable material for the State of <br />Minnesota. <br />Mayor Reinert welcomed Ms. Constant and said he was looking <br />forward to working with her. <br />Sue Walseth, 1101 Holly Drive - Ms. Walseth gave each Council <br />Member copies of the 1988 and 1992 Zoning Ordinance with sections <br />highlighted in yellow. These are the two (2) years where zoning <br />issues affected Holly Drive. Ms. Walseth read from the zoning <br />ordinance. She said that after she read Mr. Hawkins' letter that <br />was addressed to her attorney, John Gresbeck, it is her personal <br />opinion that many of the answers to her zoning concerns were <br />inadequate. She has called the State Attorney General's office <br />and spoke with two (2) persons at that office. This particular <br />office specializes in property and zoning issues. The following <br />comments were made by the two (2) representatives; the State <br />Statutes are written more general that the City ordinances. <br />Cities can have more detailed restrictions than the State but <br />cannot omit, delete or ignore any portions of the State Statutes. <br />Lino Lakes zoning ordinance states, "any property", which means <br />that there are no size limitations. This portion of the Lino <br />Lakes City ordinance must be followed over the State Statutes <br />requirements regarding affected properties involving five (5) <br />acres or less, because the Lino Lakes ordinance states; <br />notification shall be by registered mail. The State Statutes <br />says that a bona fide attempt to comply with this subdivision has <br />been made or the rezoning procedure shall be invalidated. Lino <br />Lakes city hall in 1988 and 1992 did not attempt to contact the <br />Holly Drive landowners individually. Staff has admitted this to <br />the residents and in a newspaper interview. The Lino Lakes City <br />Council set up and adopted its own City ordinances exactly as <br />they were worded. This means that the City Council was legally <br />obligated to follow the ordinances exactly as they were worded. <br />The only way that State Statutes can override City ordinances, <br />such as in cases where City and State statutes are obviously <br />different, is to have a specific clause somewhere in the <br />ordinance which states, "when the City and State Statutes <br />contradict each other, the State Statute will supersede the City <br />ordinance. Lino Lakes City ordinances do not state such <br />exceptions. Lino Lakes has to follow its own written procedures. <br />The phrase, "although failure by any property owner to receive <br />such notification shall not invalidate the proceedings", does not <br />mean whether or not the City decides to send out any individual <br />notifications and the property owners may or may not receive <br />PAGE 2 <br />