Loading...
HomeMy WebLinkAbout04/10/1995 Council Packet6:00 P.M. ECONOMIC DEVELOPMENT AUTHORITY - Consider Authorizing Preparation of Tax Increment Financing (TIF) Plan 1-7 in the Apollo Business Park AGENDA CITY OF LINO LAKES Monday April 10, 1995 6:30 P.M. Catll to Order and Roll Call SCANNED Setting the Agenda: Are There Any Items to be Added or Deleted from the Agenda? CONSENT AGENDA Consideration of Minutes: 1. Council Meeting, March 27, 1995 REGULAR AGENDA Open Mike A. Anoka County Parks Director, John Vondelinde Consideration of Disbursements: A. March 31, 1995 B. April 10, 1995 C. Centennial Fire District Consideration of Friends of the Park Donation for Earth Day, Marty Asleson Consideration of City Attorney's Report e- toot 6;441 -rod AGENDA A. Legal Opinion Regarding Four (4) Petitions Submitted by Concerned Residents City Clerk -Treasurer's Report, Marilyn Anderson Resolution No. 95 - 44, Determining that the Petition Titled, "Ordinance No. 01 - 95, Rezone of Clearwater Creek" is Insufficient, Marilyn Anderson Consideration of a Gambling License for the Dead Broke Saddle Club 1,30 20/20 Vision Update, Kim Sullivan Planning and Zoning Report, Mary Kay Wyland SECOND READING, Ordinance No. 03 - 95, Amending the / Sign Ordinance SECOND READING Ordinance No. 04 - 95 Amending the Shoreland Management Ordinance /`" Consideration of Final Plat for PineRidge, Third Addition Consideration of 1994 Annual Police Department Report, Chief Pecchia 9 Economic Development Authority Advisory Board Report, Brian Wessel FIRST READING, Ordinance No. 06 - 95, Authorizing the Sale by the City of Lino Lakes of Lot 2 and a Portion of Lot 3, Block 1, Apollo Business Park Consider of Resolution_No. 95 - 46 Calling for A Public Hearing on the Establishment of Tax Increment Financing District No. 1-7 for 6:30 P.M., May 22, 1995 Consideration of Resolution No. 95 - 43, Re -affirming Council Support of Economic Development Policy 10. FIRST READING, Ordinance No. 05 - 95 Amending the Lino Lakes Building Code, Section 1003, Building Code, Pete Kluegel 11. Consideration of Resolution No. 95 - 45 Setting Fee for Fence Permits, Pete Kluegel PAGE 2 AGENDA 12. City Engineer's Report, John Powell A. Consideration of Resolu ion NQQ 95 - 4,7 Calling a Hearing for Well No. 4 (J-eNJ 13. Old Business 14. New Business A. Consideration of Resolution No.\95 - 42 Correcting 1995 Special Assessments, Marilyn Anderson B. Consideration of an On -Sale Liquor License, Sunday On - Sale Liquor License, and Off -Sale Liquor License for Miller's on Main, Marilyn Anderson C. REMINDER, Council Board of Review, Monday, April 17, 1995 15. Adjourn 4/6/95, 3:00 P.M. PAGE 3 AGENDA CITY OF LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY Monday April 10, 1995 6:00 p.m. 1. Call to Order and Roll Call 2. Approval of Minutes of EDA Meeting: August 11, 1994 3. Consideration of Resolution Authorizing Preparation of Tax Increment Financing Plan for TIF District 1-7 4. Adjourn DATE: TIME: MEMBERS PRESENT: MEMBERS ABSENT: OTHER PRESENT: CITY OF LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY MINUTES August 11, 1994 5:01 p.m. S. Kuether, V. Reinert, A. Neal, J. Bergeson, L. Elliott None Community Development Director, Brian Wessel; Consu/ting Attorney, Ron Batty; City Clerk, Marilyn Anderson. The Lino Lakes Economic Development Authority was called to order at 5:01 p.m. and Roll CaII was taken. APPOINTMENT OF EDA SECRETARY Mr. Wessel explained that Dan Tesch requested that Mary LaForest take over the duties of recording secretary for the EDA. EDA Member Kuether moved to appoint Mary LaForest the recording secretary for the Economic Development Authority. EDA Member Neal seconded the motion. Motion carried unanimously. CONSIDERATION OF MINUTES: EDA MEETING OF MARCH 28, 1994 EDA members considered the minutes of March 28, 1994. Mayor Reinert asked plans Chris Ross had for cleaning up the former liquor store site on Lake Drive and Main Street. Mr. Wessel explained that the city had concluded its responsibilities regarding the site, and that Randy Schumacher planned to speak to Mr. Ross concerning cleaning up the site. Mr. Wessel said he would also follow up with Mr. Ross regarding the site. EDA Member Elliott moved to approve the minutes of March 28, 1994. EDA member John Bergeson seconded the motion. The motion carried unanimously. CONSIDERATION OF RESOLUTION NO. 94 - 03 APPROVING FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT 1-6 Mr. Wessel introduced Gordy Johnson, president of UDOR U.S.A. Mr. Wessel explained that UDOR began negotiating with the City in the fall of 1993 regarding the purchase of a site in the Apollo Business Park for its distribution center. UDOR U.S.A. committed to a site in May of 1994. Since then more than 60 transactions, including 11 public meetings, have taken place to put the deal together. Mr. Wessel said he appreciated the responsiveness of the Planning and Zoning Board and the City Council to help accomplish the purchase of City property by UDOR. The City is now well prepared to bring the project to a final resolution. Mr. Wessel explained that the City sold UDOR the property as full market value, and that the assessments to UDOR were to be paid with Tax Increment Financing funds, not to exceed 12% of the total project costs, in accordance with the policy that had been set regarding city -owned property in the business park. The amount of TIF assistance totalled $41,250 in an upfront commitment, i.e., the assessments would be paid before the project was started. Mr. Wessel explained that the Centennial School District had been notified and Anoka County had approved the plan, as required by law. Mr. Batty addressed the EDA members, and explained this was the sixth TIF District created within the City's Development District. He noted that because it was created after 1990, the increment cannot be pooled. UDOR would generate approximately $ 12,000 in increment annually, and the Development District would recover its expenditures in year four of the nine-year district. The City has a choice to either spend the rest of the increment or decertify the district. Mr. Batty explained that the EDA is the authority for the Economic Development District, and it is necessary for the EDA to adopt a resolution. He added that the TIF District was comprised of just the UDOR parcel. The City's policy decision was to create a district on a parcel by parcel basis for development of property in the park. This increases the cost and time involved, but that way the clock did not start running on the district until development was in place. EDA Member Kuether moved to adopt the resolution approving the financing plan for TIF District 1-6. EDA Member Elliott seconded the motion. The motion carried unanimously. AUTHORIZATION TO EXECUTE THE PURCHASE AGREEMENT AND DEVELOPMENT AGREEMENT WITH UDOR U.S.A. Mr. Batty explained that the purchase agreement called for the developer to buy the one -acre property for $39,000 and build a 6,000 square foot facility. The agreement also states UDOR agrees to pay the taxes and occupy the property for the use that is permitted. Mr. Batty noted that after 1990, uses of properties within a TIF District are limited. The purchase agreement also states that the EDA, through the city, will pay the $32,500 assessment cost and the $5,000 application fee. Mr. Batty asked that the EDA consider the purchase agreement and the development agreement separately. The purchase agreement was in its final form, but a few points in the development agreement were not yet finalized. He recommended the EDA authorize execution of the purchase agreement without contingencies, because it would not become effective until a development agreement was complete. He also recommended the EDA authorize the EDA President and Executive Director sign the development agreement subject to approval by himself and Mr. Wessel of the final development agreement. This would eliminate the need for another special meeting. EDA Member Kuether moved to authorize execution of the purchase agreement without contingencies. EDA member Bergeson seconded the motion. The motion carried unanimously. EDA member Elliott moved to authorize the execution of the development agreement subject to the final details being approved by Mr. Batty and Mr. Wessel. EDA Member Neal seconded. The motion carried unanimously. ADJOURNMENT EDA Member Elliott moved to adjourn. The motion was seconded by EDA Member Bergeson. Meeting adjourned at 5:22 p.m. Member introduced the following resolution and moved its adoption: LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION NO. 95-01 RESOLUTION AUTHORIZING PREPARATION OF A TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 1-7 WHEREAS, the area of the city generally known as the Apollo business park has not developer solely through private efforts in a manner which is consistent with its prominence within the city and which justifies the public expenditures for infrastructure improvements which have been made; and WHEREAS, it appears that it will be necessary to utilize tax increment financing to assist development in the area to achieve the purpose for which the business park was established; and WHEREAS, it has been proposed that the area generally known as the Apollo buisness park be incorporated into a new tax increment financing district ("TIF District No. 1-7") in order to offer developers assistance pursuant to Minnesota Statutes, sections 469.174 through 469.179 (the "TIF Act"). NOW, THEREFORE, BE IT RESOLVED by the Lino Lakes Economic Development Authority (the "EDA") as follows: 1. Staff and Holmes & Graven, Chartered are hereby authorized and directed to prepare a tax increment financing plan (the "Plan") for TIF District No. 1-7. 2. The executive director of the EDA is authorized and directed to schedule a meeting on May 22, 1995 at p.m. in the council chambers at city hall, at which time the EDA will consider adoption of the Plan and the establishment of TIF District No. 1-7. 3. The staff and consultants are authorized and directed to take all steps necessary to bring the Plan before the EDA at the May 22, 1995 meeting. RHB86628 LN140-36 4. The city council of the city of Lino Lakes (the "City") is urged to schedule a public hearing on the proposed Plan and TIF District to be held as soon after consideration of these matters by the EDA as reasonably possible. Dated: April 10, 1995. President ATTEST: Eecutive Director The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against same: Whereupon said resolution was declared duly passed and adopted. RHB86628 LN140-36 COUNCIL MEETING CITY OF LINO LAKES COUNCIL MINUTES MARCH 27, 1995 DATE TIME STARTED TIME ENDED: MEMBERS PRESENT: MEMBERS ABSENT March >27, 1995 630.P.M. 8:30 F.M. Reinert, Neal, Kuether None Elliott, Bergeson Staff members present: Acting City Attorney, Barry Sullivan; Acting City Engineer, John Powell; Consulting Planner, Alan Brixius; Planning Coordinator, Mary Kay Wyland; Parks and Recreation Director, Marty Asleson; Sergeant Bill Hammes; Community Development Director, Brian Wessel; City Administrator, Randy Schumacher and Clerk -Treasurer Marilyn Anderson. PRESENTATION OF PLAQUE TO THE CIRCLE -LEX VFW, POST #6583 AND THE CIRCLE -LEX VFW POST #6583 LADIES AUXILIARY FOR THEIR CONTRIBUTION TO THE CITY OF LINO LAKES IN SUPPORT OF THE PARKS AND RECREATION DEPARTMENT AND THE POLICE DEPARTMENT Mayor Reinert explained that the VFW Club and the Ladies Auxiliary have contributed a tremendous amount of money to the City to support programs that benefit all Lino Lakes citizens. He read the plaque and expressed his gratitude for the more than $200,000.00 that these two (2) organizations have contributed to the City over the past years. Mr. Lyle Carpenter, Commander of the VFW Club accepted the plaque on behalf of the 325 members of the VFW Club and the Ladies Auxiliary. He introduced several members of the VFW Club and explained that they were in uniform this evening because they will be providing services at a funeral tonight. He briefly explained some of the activities performed by the VFW Club. Mr. Carpenter explained that Loyalty Day is April 29, 1995. He noted that there is evidence that young people today do not know what loyalty to our country and our flag means. He also noted that children are not aware of what so many citizens of this country have given to this world and have received little recognition for their services. PAGE 1 COUNCIL MEETING MARCH 27, 1995 Mr. Carpenter explained that there will be a regional Loyalty Day VFW parade on Lake Drive to commemorate this day. He presented a Loyalty Day pin to Mayor Reinert and noted that these pins are being sold as a fundraiser. Mr. Carpenter thanked the City Council and the Police Department for their support in organizing the Loyalty Day parade. Mrs. Carpenter also thanked the City Council on behalf of the VFW Ladies Auxiliary. SETTING THE AGENDA The agenda was approved as presented. CONSENT AGENDA Council Member Elliott moved to approve the consent agenda as presented. Council Member Kuether seconded the motion. Motion carried unanimously. ITEM Consideration of Minutes: Council Work Session, February 8, 1995 Joint Council Meeting with the City of Hugo, February 1, 1995 REGULAR OPEN MIKE DISPOSITION Approved Approved 20/20 Vision Update, Kim Sullivan - Ms. Sullivan explained that the advisory groups are meeting and have selected their leaders. They are in the process of clarifying their purpose and goals and will be working on activities that will increase the awareness and acceptance of diverse viewpoints within the groups. Overall, there is a very collaborative group of residents who are willing to work together and put together a good -"product" of recommendations. The purpose and goal statements are being redrafted and will be available to the public after this week. All documents and meeting notes are available to the public as well. If anyone wishes copies of these documents, they can call Ms. Sullivan at City Hall. The parks and recreation advisory groups purpose is to develop PAGE 2 COUNCIL MEETING MARCH 27, 1995 actionable recommendations based on citizen driven requirements for enhancement to parks, recreation and open spaces in the City of Lino Lakes. They will be prioritizing the issues that were identified as issues that needed to be addressed. The purpose of the commercial development is to provide an objective recommendation that recognizes the concerns of the citizens of the community. The recommendation will provide an informed direction to future industrial and commercial growth in the City of Lino Lakes. This group has asked that Mr. Wessel and Ms. Wyland come to their meeting next week to help them learn how they can assist the City in making informed decisions in the future. This group developed both a motto and a logo. The environment group drafted a preliminary statement of their purpose and goals. They want to identify the environmental assets and develop recommendations to protect those assets. The education group drafted a purpose and goal statement. They want to increase communications with all government bodies that relates to schools or have an impact on the schools. They want to insure consistent handling of educational issues with all the schools. The growth group drafted a purpose statement. They want to develop recommendations to insure planned and balanced growth in relation to the rights and voices of those who live and work in Lino Lakes. Ms. Sullivan explained that the groups are very diverse with a very high level of collaboration and enthusiasm and a lot of interest in what happened in the past and what type of guidelines will be used to make recommendations and the need to know that the City will implement these "thoughtful" recommendations. This group needs to feel confident that what they are doing will be implemented. The Council and Administration can also work on issues as the 20/20 process continues; such as considering the job duties of the current City staff, staffing levels and how the budgets will be impacted by the 20/20 recommendations and the fact that the citizens want increased communication. At this time Ms. Sullivan and Mr. Tesch are working on an additional newsletter or fact sheet that would be published on a monthly basis. Mr. Tesch is also working on a method to inform the public regarding upcoming agendas. The citizens have said that they do not have enough time to know what is on the agenda so that they can prepare to come to meetings. Mr. Tesch is exploring methods of publishing the agenda and other ways it can be given to the public. PAGE 3 COUNCIL MEETING MARCH 27, 1995 Ms. Sullivan referred to petitions that will be coming in from the citizens. She noted that the petitions are separate from the 20/20 project. Ms. Sullivan felt, however, that petitions deserve consideration particularly since the petitions are (similar to 20/20) attempting to find the consensus -of the residents. There are many issues that are not addressed in the petitions that will be addressed by 20/20. She said it is her hope that the research of the 20/20 Vision participants will allow a greater number of citizens to cast informed votes when the time comes to address the petitions in an election. The groups are closed to new members at this time but feedback is welcomed. A midterm forum will be held on April 29, 1995 for all groups. It is expected that the final recommendations will be brought to the Council work session on June 14, 1995 and to the regular Council meeting on June 19, 1995. Ms. Sullivan will be bringing advisory group leaders to work sessions or regular Council meetings to present updates. Al DeMotts, 6265 Holly Drive - Mr. DeMotts said he was disappointed in the way that the City Council "condemned" his group because of Clearwater Creek. He noted that there were only a few neighbors of the Clearwater Creek subdivision at the Council meeting. He also noted that there are not many neighbors of this subdivision because the area is now rural. Mr. DeMotts felt that the City Council told other Lino Lakes residents who are not neighbors to Clearwater Creek that they should not be giving input on the proposed subdivision. Mr. DeMotts said he felt that everyone who lives in the City should be able to talk about anything planned for the City. He was disappointed because he felt that the City Council was saying that residents from one neighborhood should not "backup" another neighborhood. Mr. DeMotts noted that the drainage for the Clearwater Creek area was a concern and yet the City Council approved the preliminary plat. He said that it was stated that the developer purchased the land, he has a right to development it. Mr. DeMotts disagreed with this statement and felt it is never the City's duty to rezone property so that it can be developed. Mr. DeMotts noted that it was stated that the engineer's did everything that they were suppose to do. He said that they may have, but felt that they could make mistakes. Mr. DeMotts said that it was explained that approval of this subdivision would bring in commercial development. He asked what would be wrong with commercial development hooking into the forcemain where it is planned to hook up the subdivision? PAGE 4 COUNCIL MEETING MARCH 27, 1995 CONSIDERATION OF DISBURSEMENTS March 27, 1995 - Council Member Elliott moved to approve these minutes as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. Centennial Fire Department - Council Member Kuether moved to approve these disbursements as presented. Council Member Neal seconded the motion. Motion carried unanimously. CITY CLERK -TREASURER'S REPORT, MARILYN ANDERSON Consideration of a Petition Titled "Conflict of Interest" - Mrs. Anderson explained that this petition was delivered to her office on February 22, 1995 at 5:00 P.M. The City Charter requires that, "the City Clerk -Treasurer examine the petition as to its sufficiency and report to the Council within 10 days". The petition should have been presented to the City Council by March 6, 1995, however a current list of registered voters had to be requested from the State of Minnesota. The list was delivered on March 9, 1995. Nearly three (3) full days were needed to examine the petition and two (3) other petitions received at the same time. The City Charter, Section 5.05, Initiative, states, "Any ordinance may be proposed by a petition to the City Council. The City Council may pass the ordinance as petitioned thereby not requiring the ordinance to be submitted to the voters. If the City Council fails to enact the ordinance as petitioned within 60 days after the final determination of sufficiency of the petition, the ordinance as petitioned shall be placed on a ballot as determined in Section 5.03". Section 5.03 states, "The sponsoring committee shall file the completed petition in the office of the Clerk -Treasurer. For determining the required number of signatures, the term "base" shall be defined as the number of registered voters at the time of the last regular municipal election. At least five percent (5%) of the "base" shall be required to make an initiative or referendum petition sufficient and allow such petition to be placed on the next scheduled election ballot as determined by Section 5.05 or 5.07. At least ten percent (10%) of the "base" shall be required to allow an initiative or referendum petition to cause, as determined by Section 5.05 or 5.07, a special election to be scheduled within 120 days of said petition's filing so that said petition can be placed before the voters". There were 5,824 registered voters for the 1993 Municipal Election. Therefore, a petition with at least 292 signatures is required to make an initiative or referendum petition sufficient PAGE 5 COUNCIL MEETING MARCH 27, 1995 and allow such petition to be placed on the next scheduled election ballot. At least 582 signatures are required to allow an initiative or referendum petition to be placed on a ballot at a special election. The petition titled, "Conflict of Interest" has 201 qualifying signatures. This is not sufficient to require that the matter be placed on a ballot. Mrs. Anderson offered an apology to the committee who sponsored the petition. She explained that although she had read the Charter many, many times, she thought a petition required five percent (5%) of the voters in the last Municipal Election when in fact they need five percent (5%) of the registered voters to make the petition sufficient. Mrs. Anderson recommended that the City Council adopt Resolution No. 95 - 38 Determining that the Petition Entitled, "Conflict of Interest" is insufficient and direct the Clerk -Treasurer to deliver a copy of the petition together with a written statement of its defects to the sponsoring committee. Council Member Neal asked if the petition is !'good" or "no good". Mrs. Anderson explained that she should be directed to return the petition to the sponsors and let them know that there are not enough signatures to require an election. The committee has 30 days to get the required signatures. Council Member Bergeson asked if the City Council returned the petition to the sponsors, will this action inhibit the right of the sponsors to bring the petition back with the sufficient number of signatures. Mrs. Anderson said that action of the City Council this evening would return the petition to the sponsors and they would have 30 days to gather additional signatures. Mayor Reinert asked for clarification regardiiig the number of signatures required for an election. Mrs. Anderson explained that since there were 5,824 registered voters at the last Municipal Election, 292 signatures would be required to place the matter on the regular November election ballot. At least 582 signatures would be required to place the matter on a ballot at a special election. Council Member Elliott moved to adopt Resolution No. 95 - 38. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 95 - 38 can be found at the end of these minutes. PAGE 6 COUNCIL MEETING MARCH 27, 1995 Consideration of a Petition Titled "City Cap on Building New Homes" - Mrs. Anderson explained that this petition was delivered to her office at the same time the above petition was delivered. This petition contains 186 qualifying signatures. As outlined in the previous "green sheet", 292 signatures are required to make an initiative or referendum petition sufficient and allow such petition to be placed on the next scheduled election. At least 582 qualifying signatures are required to allow an initiative or referendum petition to be placed on a ballot at a special election. Mrs. Anderson explained that this petition is not sufficient to require that the matter be placed on a ballot. She recommended that the City Council adopt Resolution No. 95 - 39 Determining that the Petition Entitled, "City Cap on Building New Homes" is insufficient and direct the City Clerk -Treasurer to deliver a copy of the petition, together with a written statement of its defects to the sponsoring committee. Council Member Neal asked Mrs. Anderson if she told the sponsoring committee that the petition was insufficient. Mrs. Anderson said no, that she had to leave town and did not have time to notify anyone. Council Member Neal asked if the sponsoring committee knew about her recommendation prior to this Council meeting. Mrs. Anderson explained that she thought that members of the sponsoring committee were at the Council work session where the matter was discussed. Council Member Bergeson moved to adopt Resolution No. 95 - 39. Council Member Kuether seconded the motion. Motion carried unanimously. Resolution No. 95 - 39 can be found at the end of these minutes. Consideration of a Petition Titled, "Improved Criteria on Notification" - Mrs. Anderson explained that this petition was delivered to her office with the above two (2) petitions. The petition contains 201 qualifying signatures. As outlined in the previous "green sheets", 292 signatures are required to make an initiative or referendum petition sufficient and allow such petition to be placed on the next scheduled election ballot. At least 582 signatures are required to allow an initiative or referendum petition to be placed on a ballot at a special election. The petition titled, "Improved Criteria on Notification" does not have the required number of signatures and requested that the City Council adopt Resolution No. 95 - 40 returning the petition to the sponsoring committee. Council Member Elliott moved to PAGE 7 COUNCIL MEETING MARCH 27, 1995 adopt Resolution No. 95 - 40. Council Member Kuether seconded the motion. Motion carried unanimously. Resolution No. 95 - 40 can be found at the end of these minutes. PUBLIC HEARING, VACATION OF EASEMENT, ROHAVIC OAKS, SECOND ADDITION, RESOLUTION NO. 95 - 41, MARY KAY WYLAND Mayor Reinert opened the public hearing at 7:05 P.M. Ms. Wyland explained that vacation of a drainage easement through Lots 5 and 6, Block 2, Rohavic Oaks, Second Addition is necessary to clear the title for these two (2) properties. The easement was originally recorded as the southwesterly 15 feet of Lot 17, Block 2, Rohavic Oaks. This portion of that plat has been replatted into Rohavic Oaks, Second Addition. However, the original easement was not vacated when the property was replatted. A notice of this hearing has been published as required by City Code. Staff is recommending that the City Council adopt Resolution No. 95 - 41 vacating this easement and directing the Clerk -Treasurer to record the resolution with the County. There was no one in the audience to speak on this matter. Council Member Kuether moved to adopt Resolution No. 95 - 41. Council Member Elliott seconded the motion. Motion carried unanimously. Resolution No. 95 - 41 can be found at the end of these minutes. PLANNING AND ZONING BOARD REPORT, MARY KAY WYLAND Consideration of a Conditional Use Permit (CUP) for an Advertising Sign for Contractors Property Developers, Inc. (CPDC) - Ms. Wyland explained that CPDC has requested permission to install an advertising sign for the Pheasant Hills Preserve development on a piece of property located just north and west of the intersection of County Road J (Ash Street) and Centerville Road. The property is zoned Rural and according to the City Sign Ordinance, Section III, Subdivision 2., Sign Requirements in the Rural District: "Advertising Signs: Allowed by Conditional Use Permit.... and Subd. 14; Real Estate Development signs or construction site signs may be erected providing they do not exceed one hundred (100) square feet of area, are not more than fifteen (15) feet above grade, and not within one hundred (100) feet of an existing residential structure..". PAGE 8 COUNCIL MEETING MARCH 27, 1995 The proposed sign is an eight (8) foot by four (4) feet (32 square feet) non -illuminated advertising sign. The property owner, North Oaks Company or L. W. Hills, Jr., have provided the City with a letter indicating that they have given permission to CPDC to install the advertising sign on the site indicated. The consent was given for one (1) year with probable continuation after that period. The northwest corner of County Road J (Ash Street) and Centerville Road is approximately 950 feet from the nearest single family residence (the Donlin residence) and 250 feet from the structure on the northeast corner of County Road J and Centerville Road which is being used at this time for a storage building. Staff is recommending approval of the advertising sign as submitted with the following conditions: 1. The sign is constructed to withstand a wind load pressure of 30 O.S.F. 2. The sign is located at least five (5) feet from any property line. 3. No illumination of the sign is allowed. 4. The installation of the sign shall not conflict with the proper function or interpretation of any traffic sign or signal. 5. The sign shall be maintained in good condition and the areas around the sign be kept free from debris, bushes, high weeds, and from anything else which would be an eyesore or nuisance. The surface of the sign must be repainted at least once every two (2) years or whenever necessary as determined by the City Zoning Official to prevent the sign surface from becoming unkept in appearance. 6. The permit owner shall be responsible for all of the requirements of the Sign Ordinance, including the liability for expense or removal and maintenance incurred by the City. 7. A sign permit shall be obtained from the City Building Official. 8. The CUP shall be reviewed in two (2) years and if at that time 90% of the subdivision is sold, the sign shall be removed. PAGE 9 COUNCIL MEETING MARCH 27, 1995 The Planning and Zoning Board has reviewed the sign request and recommend approval with the conditions listed above. Mr. Schumacher noted that this is a CUP and asked if the City Code requires annual review of CUP. Ms. Wyland said yes and this was explained to the Planning and Zoning Board. This Board wanted specific language included in the CUP. Council Member Elliott moved to approve the Conditional Use Permit as outlined above. Council Member Kuether seconded the motion. Motion carried unanimously. Consideration of FIRST READING Ordinance No. 04- 95 Amending the Shoreland Management Ordinance - Ms. Wyland explained that Minnesota Statutes has mandated that the City update their existing 1983 Shoreland Management Ordinance. The purpose of the Ordinance is to provide for the orderly subdivision, use and development of shorelands of public waters. These shorelands can be described as an area roughly 1000 feet from the ordinary high water mark of the protected waters listed on pages eight (8) and nine (9) of the Ordinance. A model ordinance was provided by the Department of Natural Resources (DNR) and was intended to be used as a guide. The DNR allows communities to pursue flexibility from the state model ordinance to address conditions unique to the City. City Staff has worked closely with the DNR in_developing the attached ordinance and have received favorable response to the request for flexibility. This flexibility was requested in order to maintain sustainable growth within the City and relates to the following areas; Land Use Designations, Lot Size, Density, Impervious Surface Coverage, Building Heights, Sanitary Sewer Connection and Shoreland Setback for Uses Without Water Oriented Needs. LAND USE DESIGNATIONS: The City has requested the Land Use Designations to compare with our base zoning districts. LOT SIZE: Lot area and width standards are significantly less restricted that the state standards. Staff has requested standards that relate to the City's base zoning district (10,800 square feet area or R-1 non -riparian lots, 20,000 square feet for riparian lots while the DNR model requested 15,000 square feet area for non -riparian and 20,000 square feet for riparian lots). Flexibility was requested due to the short supply of buildable land resulting from the high percentage of state right-of-way, county park, wetlands and lakes within the City. As a condition of approval for this flexibility request, the DNR has asked that PAGE 10 COUNCIL MEETING MARCH 27, 1995 our ordinance include a statement which prohibits total district - wide density from being exceeded. The proposed ordinance includes this provision. DENSITY: The DNR model ordinance provided a complicated tier arrangement for calculating density for multi -family developments. The City has proposed a standard calling for 5,000 square feet to townhomes and 2,900 square feet for apartments, per unit. The DNR has approved this flexibility request due to our more stringent requirements on water quality, general performance standards, and the local water management plan. IMPERVIOUS SURFACE COVERAGE: The DNR model called for impervious surface limits of 25% across the board. Staff has requested a limit of 30% for single family and low density developments, 35% for medium/high density developments, and 60% for commercial developments. Due to our performance standards and local water management plan, the DNR has agreed to this flexibility request. BUILDING HEIGHT: The City is requesting a 36 foot height limit which is consistent with similar requests from other communities in the Metro Area. The DNR model suggests a 25 foot height limit: They have agreed to the 36 foot height limit. SANITARY SEWER CONSTRUCTION: The DNR model ordinance required a connection to sanitary sewer within one year, if available. This requirement runs contrary to the City Charter and the DNR has agreed to its exclusion. SHORELAND SETBACK FOR USES WITHOUT WATER ORIENTED NEEDS: The DNR model ordinance required a double setback for commercial uses without water oriented needs. This would render commercial properties along Lake Drive unbuildable. The DNR has agreed to waive this requirement. Mr. Brixius prepared a brief memorandum which was included in the Council packets. This memorandum outlined in detail the City's request for flexibility. The Planning and Zoning Board held two (2) public hearings and held a special work session to discuss the proposed ordinance. The proposed ordinance was prepared considering the comments from concerned citizens and with input from City staff and the DNR. The recommendation of staff and the Planning and Zoning Board is for approval as submitted. Council Member Bergeson noted that when there is a proposed ordinance change this comprehensive and complicated, the City Council discusses the changes at a work session. He felt uneasy about approving the FIRST READING of the proposed ordinance until PAGE 11 COUNCIL MEETING MARCH 27, 1995 the Council has had a chance to ask questions about details. He asked that the matter be reviewed at the next work session and then placed on the next Council agenda for the FIRST READING. Mr. Schumacher explained that there are a number of issues tied to this proposed ordinance which impacts current staff discussion with Metropolitan Council. He asked that the FIRST READING be adopted to indicate to Metropolitan Council that the City is attempting to address their concerns. The proposed ordinance can then be brought to the next work session and if further information is needed, the SECONDED READING can be postponed. Mr. Schumacher noted that these are the types of ordinances that Metropolitan Council wants to see moving forward. It would be helpful if at least the FIRST READING of the proposed ordinance is adopted. Council Member Bergeson noted that the City Council is "at the end of the line" and when things do not keep up with the schedule that they should be on, the City Council gets pressed at the end to move faster than they should. He said he did understand the concern regarding Metropolitan Council. Mayor Reinert noted that two (2) public hearings and a special work session of the Planning and Zoning Board were held. He asked Ms. Wyland to explain the reason for the special work session. Ms. Wyland said that the ordinance had been reviewed by the Planning and Zoning Board and then two (2) new members were added to the Board. The reason for the special work session was to update the new members. Mayor Reinert asked if the FIRST READING is adopted this evening, is there a time constraint as to when the SECOND READING should take place. Mr. Schumacher did not recall any restrictions. Mayor Reinert asked about the word "flexibility" and explained that•he has received some telephone calls about allowing "flexibility" in the ordinance. Ms. Wyland said that maybe the word "flexibility" should not have been used. She noted in the introduction to communities in the DNR model, there is a statement which reads, "this is the DNR model which is intended to be deviated from". When staff proposed something that was different from the model, it was described as "flexibility". Mr. Brixius explained that the term "flexibility" is a term that was used with the development of state regulations. "The pursuit of flexibility" is a term used by the state in their statutes and with regard to their ordinances. The staff is quoting terms that the state has used because the DNR has to approve the final ordinance and any changes are variations from the standard ordinance and they have termed this "flexibility". The staff was using the state terminology. Mayor Reinert said that the model PAGE 12 COUNCIL MEETING MARCH 27, 1995 does not fit appropriately in every community and that is why "flexibility" allows the model to fit each community. Council Member Kuether moved to adopt the FIRST READING of Ordinance No. 4 - 95 and dispense with the reading. Council Member Elliott seconded the motion. Motion carried unanimously. FIRST READING Ordinance No. 3 - 95 Amending the Sign Ordinance - Ms. Wyland explained that this proposed ordinance amendment is intended to allow advertising signs only within the City's Rural Zoning Districts. The proposed ordinance amendment is consistent with directives contained within the 1990 I35E and I35W Interchange Study. The proposed ordinance amendment would not allow the display of advertising signs in any zoning district other than Rural. Staff and the Planning and Zoning Board recommended that the FIRST READING of this proposed ordinance amendment be adopted. Council Member Neal asked if advertising signs would be allowed in the areas where requests for sign permits were denied by the City Council last year. Ms. Wyland said no, that sign permit request was for the interchange area which is zoned General Business or Light Industrial. Council Member Bergeson noted that there is a zoning called Rural Business Reserve (R -BR). He asked if this zoning is included in Rural designation. Mr. Brixius said that yes, this area has an underlying zoning of Rural. Council Member Bergeson asked if R - BR zoning is a separate zoning and should it be separately spelled out in the ordinance. Mr. Brixius said it is a separate zoning district and is different than the Rural Zoning district. He explained that the staff concentrated on the areas around the interchanges and decided that when utilities become available to the R -BR Zoning district, that district will be rezoned to a commercial district. Council Member Bergeson said he was more concerned about the wording in the ordinance and asked if the R -BR Zoning district should be specially spelled out in the proposed ordinance. Mr. Brixius said that the City Council may do one of two things; first the R -BR district can be specifically addressed as a rural district until utilities become available or the current language in the proposed ordinance can remain the same as presented which means that the R -BR Zoning District will be excluded from the proposed Sign Ordinance amendment. Council Member Bergeson said he would prefer that the ordinance be as specific as possible. Mr. Brixius asked for direction from the Council as to whether or not billboard signs should be excluded from the R -BR Zoning district. Council Member Bergeson noted that Mr. Brixius stated that it was the intention of staff to PAGE 13 COUNCIL MEETING MARCH 27, 1995 include the R -BR Zoning district as a Rural zoning. Mayor Reinert asked if billboard signs are allowed in the R -BR Zoning district now, will this create some problems when the zoning of this district is changed to a commercial zoning. Mr. Brixius explained that when utilities are available, the area will be rezoned. At this point the sign will become a nonconforming use. Mr. Brixius said that if staff is to incorporate Council Member Bergeson's suggestion, additional wording will be needed for the proposed sign ordinance amendment. Mayor Reinert asked that the City Council go on to the next agenda item and return to this matter when Mr. Brixius has defined the appropriate wording. Final Plat, Woods of Baldwin Lake, Second Addition - Ms..Wyland explained that the preliminary plat of Woods of Baldwin Lake, Second Addition was approved October 24, 1994. The property is zoned R -1X and contains 12 lots. Utilities will be provided to serve the subdivision. The City Attorney has reviewed the title work and a development agreement and financial guarantees are in place. The staff is recommending that the final plat be approved as submitted. Council Member Kuether moved to approve the final plat of Woods of Baldwin Lake, Second Addition. Council Member Bergeson seconded the motion. Motion carried unanimously. The City Council returned to the consideration of Ordinance No. 03 - 95. Mr. Brixius explained that staff is recommending adding the R -BR Zoning district as a Rural District to Section 3, Subd. 1 and Subd. 2. No additional wording would need to be added. Council Member Kuether moved to approve the FIRST READING of Ordinance No. 3 - 95 as amended.by the City Planner and dispense with the reading. Council Member Elliott seconded the motion. Motion carried unanimously. CITY ENGINEER'S REPORT, JOHN POWELL Consideration of Resolution No. 95-- 30 Ordering the Improvement of Woods of Baldwin Lake, Second Addition - A petition has been received by the City from the property owners within this subdivision, a Feasibility Report for utility and street improvements was prepared. This Feasibility Report was presented at a public hearing before the City Council on February 27, 1995. The property owners have also submitted a request to waive 50 of the 60 day waiting period as provided in Section 8.06 of the Lino Lakes City Charter which allows the City to order the improvement at this time. PAGE 14 COUNCIL MEETING MARCH 27, 1995 Mr. Powell recommended that the City Council adopt Resolution No. 95 - 30 Ordering the Improvement of the Woods of Baldwin Lake, Second Addition. Council Member Kuether moved to approve Resolution No. 95 - 30. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 95 - 30 can be found at the end of these minutes. Consideration of Resolution No. 95 - 31 Approving Plans and Specifications and Ordering Advertisement for Bids for Woods of Baldwin Lake, Second Addition - Mr. Powell used the overhead projector and summarized the previous actions on this subdivision. He also explained that routinely, notices of the advertisement for bids are sent to the legal newspapers prior to Council action. These notices are contingent upon positive Council action. This process saves about a week to a week and one half and allows bids to be taken at an earlier date. A copy of the advertisement for bids has been forwarded to the legal newspaper and Mr. Powell recommended that the City Council approve Resolution No. 95 - 31 Approving Plans and Specifications and Ordering Advertisement for Bids for the Woods of Baldwin Lake, Second Addition Improvements. Council Member Elliott moved to adopt Resolution No. 95 - 31. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 95 - 31 can be found at the end of these minutes. Consideration of Resolution No. 95 - 36 Approving Plans and Specifications and Ordering Advertisement for Bids, Country Lakes Estates, Phase Two - The Country Lakes Estates subdivision includes a total of 53 lots. The first phase of the project, the western 25 lots was bid in 1994. The construction of the Phase One improvements will be completed this spring. Phase Two of Country Lakes Estates includes the eastern 28 lots. All of the construction activity included in Phase Two is within the limits of the subdivision with the exception of the Deerwood Lane roadway connection to Birch Street. A copy of the advertisement for bids has been forwarded to the legal newspaper contingent upon City Council's approval of Resolution No. 95 - 36. Mr. Powell recommended that the City Council adopt Resolution No. 95 - 36 Approving Plans and Specifications and Ordering PAGE 15 COUNCIL MEETING MARCH 27, 1995 Advertisement for Bids for Phase Two, Country Lakes Estates. Council Member Kuether moved to adopt Resolution No. 95 - 36. Council Member Elliott seconded the motion. Motion carried unanimously. Resolution No. 95 - 36 can be found at the end of these minutes. Consideration of Resolution No. 95 - 37 Approving Plans and Specifications and Ordering Advertisement for Bids for Hodgson Road Trunk Watermain - Mr. Powell explained that this improvement consists of a 12 inch watermain along the east side of Hodgson Road (T.H. 49) from Linda Avenue to the north side of Birch Street (CSAH 10). Installation of a trunk watermain in this area is consistent with the 1991 Comprehensive Water Study and is necessary to provide adequate water service to the new Fox Trace subdivision. This project also brings the City of Lino Lakes water system closer to the southwest area of the City currently served from the Shoreview water system through a temporary agreement with Shoreview. The original plan which was considered by the City Council has been revised to reflect the State's agreement to allow the City more working space adjacent to the Trunk Highway 49 roadway. The State of Minnesota also has plans to place a bituminous overlay on Trunk Highway 49 this summer but their activity should begin after the City has completed the watermain project. A copy of the advertisement for bids has been forwarded to the legal newspapers contingent upon City Council's approval of Resolution No. 95 - 37. Mr. Powell recommended that the City Council adopt Resolution No. 95 - 37 Approving Plans and Specifications and Ordering the Advertisement for Bids for the Hodgson Road Watermain Project. Council Member Elliott moved to adopt Resolution No. 95 - 37. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 95 - 37 can be found at the end of these minutes. CITY ATTORNEY'S REPORT, BARRY SULLIVAN Consideration of Accepting Easement from Vivian Hanson, Hodgson Watermain Improvement - Mr. Sullivan explained that an easement from Mrs. Hanson was approved by the City Council earlier this year. Because the legal description in the easement document was found to be in error, another easement document has been prepared PAGE 16 COUNCIL MEETING MARCH 27, 1995 with the proper legal description. The easement runs along the front of the property where Rehbein Transit is located. Mr. Sullivan recommended that the City Council accept the new easement. Council Member Kuether moved to accept the easement as presented by Mr. Sullivan. Council Member Elliott seconded the motion. Motion carried unanimously. PUBLIC HEARING, REDESIGNATING THE UNUSED PORTION OF THE 1994/1995 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, RESOLUTION NO. 95 - 34, RANDY SCHUMACHER Mayor Reinert opened the public hearing at 7:55 P.M. Mr. Schumacher explained that Resolution No. 95 - 06 designated $9,700.00 to the City's Therapeutic Recreation Program. As of March, 1995, there remains an unused balance of $8,811.93 and it has been determined that a majority of these funds will not be used. The City may redesignate all or a portion of the remaining Therapeutic Recreation dollars toward another qualifying plan. The public hearing this evening has been set to take input on qualifying programs. Mr. Schumacher explained that the staff is recommending that $5,000.00 of the 1994/1995 Therapeutic Recreation dollars be designated to the City's Growth Study (Land Use/Economic Development/Impact Study) to be spent before December 31, 1995. The request for redesignation of these dollars will be submitted to the Anoka County Review Board on April 27, 1995 and the Anoka County Board on May 9, 1995 for their approval. Council Member Kuether said that she was under the impression that this matter was dealt with several weeks ago. Mr. Schumacher explained the action of the City Council to date. Council Member Kuether asked what will happen to the remaining $3,800.00 in this fund. Mr. Schumacher explained that it will be used for the Therapeutic Recreation Program. Mayor Reinert asked if there was anyone in the audience to speak on this matter. There was no one. Council Member Elliott moved to close the public hearing at 8:03 P.M. Council Member Kuether seconded the motion. Motion carried unanimously. PAGE 17 COUNCIL MEETING MARCH 27, 1995 Council Member Kuether moved adopt Resolution No. 95 - 34 as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 95 - 34 can be found at the end of these minute's. CONSIDERATION OF RESOLUTION NO. 95 - 27 AUTHORIZING AMENDMENT TO THE 1994 GENERAL FUND BUDGET, RANDY SCHUMACHER Mr. Schumacher explained that annually the City Auditor's reviews what has been projected for revenues and expenditures in the past budget. Although staff and City Council do the best job possible in preparing the annual budget, however, some expenditures or revenues cannot be anticipated. Attached to Resolution No. 95 - 27 are revenue and expenditure summaries. Mr. Schumacher noted that one significant adjustment is in the area of building permit fees. This reflects the decrease in new home building activity in 1994. Mr. Schumacher explained that the City Auditor is recommending that adjustments be made to the 1994 Budget to reflect actual activity of the 1994 Budget. Council Member Bergeson referred to expenditures under the title "Streets", and said he -was surprised considering the conditions of City streets, that the City would underspend the street budget. Mr. Powell said that he would discuss the matter with the Public Works Foreman and bring the information to the City Council. Council Member Kuether moved to adopt Resolution No. 95 - 27 Amending the 1994 Budget. Council Member Elliott seconded the motion. Motion carried unanimously. Resolution No. 95 - 27 can be found at the end of these minutes. OLD BUSINESS Consideration of a Letter from Fairview Hospital, Randy Schumacher - Mr. Schumacher explained a letter had been received from Fairview Hospitals asking the City to help identify potential candidates for the Operational Board of Directors to oversee the operations of District Memorial Hospital. It was determined that candidates names be submitted by Tuesday, March 28, 1995. Mayor Reinert explained that both Ms. Donna Carlson and Mr. Jim Wagner have express continuing interest in working in this area. He asked if the City Council would support nomination of these two (2) individuals or offer other candidates. PAGE 18 COUNCIL MEETING MARCH 27, 1995 It was the consensus of the City Council that these two (2) names be submitted as well as any other names that the City Council may determine. The City Clerk will submit the names mentioned. Consideration of the City Clerk -Treasurer Compensation Adjustment for 1993 - LLMA - Mr. Schumacher noted that the City Council received minutes from the October 11, 1993 Council meeting at which time compensation levels were being discussed for the City Clerk -Treasurer. A motion was made at this meeting that the Clerk's 1993 compensation level be tied to the outcome of the Lino Lakes Management Association (LLMA) contract. Historically, the City Clerk -Treasurer and the Building Inspector had been comparably compensated. Mr. Schumacher recommended a $1,610.00 lump sum non -base adjustment award to the City Clerk: 1993 Building Inspectors Adjustment 1993 Clerk -Treasurer Adjustment The difference if $1,610.00 $990.00 $2,601.00 Mr. Schumacher recommended that the City Council adopt a motion awarding the City Clerk -Treasurer a non -base lump sum adjustment of $1,610.00. Council Member Elliott moved to approve Mr. Schumacher's recommendation. Council Member Bergeson seconded the motion. Motion carried unanimously. NEW BUSINESS Consideration of a Gambling License Request from the Dead Broke Saddle Club, Marilyn Anderson - Mrs. Anderson explained that the Dead Broke Saddle Club applied for a Lino Lakes Gambling License which was considered at the last City Council meeting. The City Council denied the request because this organization did not meet the requirements of the Gambling Ordinance. The Dead Broke Saddle Club has again applied for a Lino Lakes Gambling License to become effective August 1, 1995. This organization will meet one of the Gambling Ordinance requirements on that date and will be eligible for a Gambling License. The City Attorney has advised Mrs. Anderson that the City Council can approve a license for a future date. If the City Council approves the license at this time, a stipulation should be added requiring the Saddle Club to provide an affidavit to the Clerk - Treasurer on or before August 1, 1995 which would verify the names, addresses and membership dates of at least 15 Lino Lakes PAGE 19 COUNCIL MEETING MARCH 27, 1995 residents. The second option for the City Council to consider is to deny the request for a Gambling License and ask the Saddle Club to re- apply for the Gambling License at the time that they are eligible for the license. Mrs. Anderson explained that since there appears to be two (2) options for the City Council to consider, the matter should be discussed with the City Attorney. Mrs. Anderson also noted that she has received a telephone call from the Centennial Youth Hockey Association. Their representative explained that the manager of the 49 Club had promised their organization that they could conduct their gambling operation there. Members of the Centennial Youth Hockey.Association were present to discuss their claim. Mrs. Anderson explained that she is concerned about who is actually the manager at the 49 Club and who has the authority to select which organization can conduct gambling there. She said that she plans to contact the owners of the 49 Club and determine what is the current situation. Mrs. Anderson asked that the City Council delay action on this matter until this information is available. Council Member Neal noted that if the current manager at the 49 Club is not actually living in Lino Lakes and that is a requirement for the liquor licenses. Mrs. Anderson said that she would be getting additional information on this matter as well. Mayor Reinert explained that the Dead Broke Saddle Club was before the City Council at the last meeting and the City Council denied the request for a Gambling License because they did not qualify based on the number of members living in Lino Lakes and because they were asking for a license for a future date when they would qualify for the license. He suggested that this matter be table indefinitely until the situation at the 49 Club can be determined. Mr. Daryl Miller, Chief Executive Officer of the Gambling Committee for the Centennial Youth Hockey Association, explained that his organization has had conversations with the manager at the 49 Club. They were told that if the Centennial Fire Relief Association did not renew their gambling license, they would have the first opportunity to place their gambling operation there. Mr. Miller explained that his organization has been trying to contact the owner. The acting manager told them to prepare a lease and they would forward it to the manager who would probably sign it. When the lease was signed, they would apply for a PAGE 20 COUNCIL MEETING MARCH 27, 1995 Gambling License. Mr. Miller noted that his organization meets all of the requirements of the Lino Lakes Gambling Ordinance. There are about 350 children represented by his organization and at least 50% of them live in Lino Lakes. Mr. Miller noted that the average child pays about $450.00 for the opportunity to play organized hockey and it is hoped that the gambling receipts would off -set these costs. He explained that the Centennial Ice Arena is shared with the Blaine Hockey Association and his organization is trying to raise about $300,000.00 to buy the facility from Blaine. Mr. Miller explained that the Centennial Youth Hockey Association has membership from adjoining cities and their organizations donate money to other non-profit organizations and communities. He felt that the money is being used wisely. Mayor Reinert asked for a motion to table this matter until a report is received from the Clerk -Treasurer. Council Member Elliott moved to table the item. Council Member Kuether seconded the motion. Mr. Eric Westman from the Dead Broke Saddle Club said he understood that his organization must meet one of the qualification of the Lino Lakes Gambling Ordinance. He noted that on the August 1, 1995, the date listed on the lease agreement, the Saddle Club would meet the requirements. Mr. Westman said that they would be happy to provide an affidavit indicating that at least 15 members of their organization meet the qualification. Mr. Westman explained that the Saddle Club must submit their application for a state gambling license 60 days prior to the date they plan to begin operation of lawful gambling. He said he was not aware of any of the problems mentioned about the 49 Club and any promises that may have been made to the Youth Hockey Association. However, his organization has a signed lease with the 49 Club to commence operations on August 1, 1995. He asked that due consideration be given to that fact. Mayor Reinert call for a vote on the motion, motion carried unanimously. Consideration of Resolution No. 95 - 35 Correcting 1995 Special Assessments - Mrs. Anderson explained that several errors have been discovered in the 1995 assessment rolls. Since property tax statements have already been calculated and mailed to the property owners, the only remedy is to abate the wrong PAGE 21 COUNCIL MEETING MARCH 27, 1995 assessments and place the assessments on the correct properties. The errors involve Property Identification Numbers (PIN'S), not the actual calculation of the assessment. This means that some properties were assessed when they should not have been assessed and some properties were not assessed when they should have been assessed. Resolution No. 95 - 35 will correct the errors. Mrs. Anderson explained that property owners affected by the errors have been notified. Mrs. Anderson noted that the errors did not happen in her office. She explained that Anoka County did not allow sufficient time for review and correction of the rolls. Normally such errors could have been detected and corrected before the tax statements were mailed to the property owners. Mrs. Anderson asked the City Council to adopt Resolution No. 95 - 35 Correcting the 1995 Assessment. Council Member Elliott moved to adopt Resolution No. 95 - 35. Council Member Kuether seconded the motion. Motion carried unanimously. Resolution No. 95 - 35 can be found at the end of these minutes. Council Member Neal moved to adjourn at 8:35 P.M. Council Member Elliott seconded the motion. Aye. These minutes considered, corrected and approved at a regular Council meeting held on April 10, 1995. Marilyn G. Anderson, Vernon F. Reinert, Clerk -Treasurer Mayor PAGE 22 Council member Kuether introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95-27 RESOLUTION AMENDING THE 1994 GENERAL FUND BUDGET WHEREAS, WHEREAS, certain expenditures have either exceeded or of anticipated budget amounts and, certain revenues have either exceeded or fell short of anticipated budget amounts and, WHEREAS, it has been recommended that the 1994 budget to reflect closer to actual figures and, fell short be amended NOW THEREFORE BE IT RESOLVED, that the 1994 General Fund budget be amended accordingly effective December 1994 (Please see attached schedule). Adopted by the City Council of Lino LO -this 27th day of March, 1995. Vernon.F. Reinert - Mayor Marilyn G. Anderson, Clerk Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Bergeson and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal, Reinert. The following voted against same: None. Where upon said resolution was declared duly passed and adopted: General Fund Revenue Summary 1994 1994 Amended Budget Adjustment Budget Taxes 1,955,862 6,742 1,962,604 Business Licences 20,220 (4,090) 16,130 Non Business Licenses and Permits 507,550 (138,569) 368,981 State Revenues 235,445 2,236 237,681 City Revenues 30,000 31,734 61,734 County Revenues(Solid Waste) 41,303 (11,710) 29,593 Charges For Sevices 370,069 (18,932) 351,137 Fines 80,000 (7,546) 72,454 Interest on Investments 50,000 (5,647) 44,353 Donations 0 7,911 7,911 Refunds and Reimbursments 37,000 (8,426) 28,574 Cable TV 15,000 1,335 16,335 Fixed Assets(Sale of Equipment) 10,000 (7,394) 2,606 Total General Fund Revenues 3,352,449 (152,356) 3,200,093 Revenues Items to be Amended: Amended 1994 1994 Budget Adjustment Budget TAXES TAXFORFlETS TOTAL TAXES BUSINESS LICENSES AND PERMITS GAMBLING TAX - DONATION TOTAL BUSINESS LICENSES AND PERMITS 0 6,742 6,742 6,742 9,000 (3,000) 6,000 1,500 (1,090) 410 (4,090) NON -BUSINESS LICENSES AND PERMITS BUILDING PERMITS 261,000 (84,322) 176,678 PLAN INSPECTIONS FEES 150,000 (53,554) 96,446 PLUMBING PERMITS 27,000 (9,488) 17,512 SEWER HOOK-UP 25,000 (9,225) 15,775 SEPTIC PERMITS 1,000 1,480 2,480 MECHANICAL PERMITS 12,500 (2,228) 10,272 SIGN PERMITS 3,000 1,048 4,048 OVERWEIGHT PERMITS 7,000 17,720 24,720 TOTAL NON -BUSINESS LICENSES AND PERMITS (138,569) STATE REVENUE MSA ROADS 80,000 5,187 85,187 OTHER STATE REVENUE 10,000 (2,951) 7,049 TOTAL STATE REVENUE 2,236 CITY REVENUES CIRCLE PINES GAS FRANCHISE TOTAL CITY REVENUES COUNTY REVENUES ANOKA COUNTY SOLID WASTE TOTAL COUNTY REVENUES CHARGES FOR SERVICES 30,000 31,734 61,734 31,734 35,803 (11,710) 24,093 (11,710) GOPHER STATE ONE CALL 7,500 (3,137) 4,363 ADMINISTRATIVE CHARGE 50,000 12,204 62,204 PUBLIC WORKS FEES 0 4,187 4,187 CITY ENGINEERING/PLANNING FEES 127,300 (32,186) 95,114 TOTAL CHARGES FOR SERVICES (18,932) FINES AND FORFEITS FWNES` 80,000 (7,546) 72,454 TOTAL FINES AND FORFEfTS (7,546) INVESTMENTS )NTEREST ON INVESTMENTS 50,000 (5,647) 44,353 TOTAL INVESTMENTS (5,647) DONATIONS DONATIONS FROM ORGANIZATIONS TOTAL DONATIONS REFUNDS & REIMBURSEMENTS 0 7,911 7,911 7,911 REFUNDS & REIMBURSEMENTS 25,000 (12,606) 12,394 REFUNDS FROM TREES 12,000 4,180 16,180 TOTAL REFUNDS & REIMBURSEMENTS (8,426) CABLE TV CABLE TV TOTAL CABLE TV FIXED ASSETS SALE OF FIXED ASSETS TOTAL FIXED ASSETS TOTAL ADJUSTMENT 15,000 1,335 16,335 1,335 10,000 (7,394) 2,606 (7,394) (159,098) Total 1994 Revenue Budget 3,352,449 (152,356) 3,200,0931 General Fund Expenditure Summary 1994 1994 Amended Budget Adjustment Budget Cable TV 1,423 0 1,423 Economic Development 110,316 (14,181) 96,135 Mayor and Council 49,522 0 49,522 Elections and Voters Registration 7,511 2,046 9,557 Administration 335,554 11,690 347,244 Assessor 33,107 5,939 39,046 Legal Printing 14,985 0 14,985 Consultants 156,829 27,363 184,192 Engineering/Planning 182,842 (40,380) 142,462 Planning and Zoning Board 5,513 0 5,513 Government Buildings 221,593 (21,500) 200,093 Charter Commission 1,350 0 1,350 Police Department 770,962 14,722 785,684 Fire Department 236,266 0 236,266 Building Inspections 92,156 8,128 100,284 Civil Defense 4,200 0 4,200 Animal Control 2,807 0 2,807 Streets 588,486 (59,662) 528,824 - Solid Waste Abatement 44,421 (6,500) 37,921 Parks Department 269,404 17,366 286,770 Recreation Department 73,903 6,128 80,031 Park Board Members 4,139 0 4,139 Forestry Department 57,199 (15,554) 41,645 Others 87,961 (87,961) 0 Total General Fund Expenditures 3,352,449 (152,356) 3,200,093 3 Expenditure Items to be Amended: Amended 1994 1994 Budget Adjustment Budget Economic Development 101 Salaries 64,074 730 64,804 121 PERA 2,871 33 2,904 122 FICA 4,902 56 4,958 300 Professional Services 28,000 (15,000) 13,000 Total Econ Development (14,181) Elections 101 Salaries 6,000 1,890 7,890 122 FICA 460 156 616 Total Elections 2,046 Administration 101 Salaries 237,475 3,192 240,667 121 PERA 10,753 277 11,030 122 FICA 18,438 532 18,970 106 Other Salaries 1,000 7,689 8,689 Total Administration 11,690 Assessor 400 Contract 33,107 5,939 39,046 Total Assessor 5,939 Consultants 301 Municipal Attorney 40,000 1,363 41,363 303 Criminal Attorney 55,000 13,000 68,000 307 Growth Study 0 5,000 5,000 310 Other Consultants 7,250 8,000 15,250 Total Consultants 27,363 Planning 101 Salaries 121 PERA 122 FICA 131 Health 133,386 (32,040) 101,346 6,200 (1,992) 4,208 10,600 (3,349) 7,251 16,632 (3,000) 13,632 Total Planning (40,380) Government Buildings 211 Maintenance Supplies 9,700 (2,000) 7,700 311 Sales Tax 7,096 (4,000) 3,096 381 Electricity 18,380 (1,500) 16,880 383 Heat 7,990 (2,000) 5,990 500 Capital Outlay 69,196 (12,000) 57,196 Total Government Buildings (21,500) Police Department 101 Salaries 478,798 24,978 503,776 106 Other Salaries 21,118 (11,018) 10,100 121 PERA 54,000 2,927 56,927 122 FICA 8,300 732 9,032 151 Workers Compensation 32,732 (2,897) 29,835 Total Police 14,722 Expenditure Items to be Amended: Amended 1994 1994 Budget Adjustment Budget Building Inspections 101 Salaries 60,189 9,032 69,221 121 PERA 2,719 405 3,124 122 FICA 4,643 691 5,334 330 Travel 3,000 (2,000) 1,000 Total Building Inspections 8,128 Streets 101 Salaries 157,761 21,478 179,239 106 Other Salaries 14,300 (4,000) 10,300 121 PERA 8,179 2,321 10,500 122 FICA 15,061 4,039 19,100 200 Office Supplies 3,900 (2,500) 1,400 212 Fuels 12,800 (4,000) 8,800 221 Shop Parts 30,000 (9,000) 21,000 223 Street Signs 10,900 (3,000) 7,900 311 Sales Tax 13,189 (5,000) 8,189 330 Travel and Tuition 5,100 (3,000) 2,100 401 Materials for Roads 109,300 (54,000) 55,300 402 Contracted Street Repaii 79,000 (3,000) 76,000 Total Streets (59,662) Solid Waste 106 Other Salaries 400 Contracted Services Total Solid Waste Parks 3,072 (2,500) 572 12,640 (4,000) 8,640 (6,500) 101 Salaries 112,674 21,976 134,650 121 PERA 5,458 1,582 7,040 122 FICA 10,892 808 11,700 211 Maintenance Supplies 18,348 (5,000) 13,348 410 Rented Equipment 5,980 (2,000) 3,980 Total Parks 17,366 Recreation 101 Salaries 24,000 10,123 34,123 106 Other Salaries 21,477 (5,000) 16,477 121 PERA 1,100 500 1,600 122 FICA 3,500 505 4,005 Total Recreation 6,128 Forestry 101 Salaries 121 PERA 122 FICA 400 Contracted Services Total Foresty Contingency Reserve Salaries Reserve Total Contingency Total Adjustment 30,118 (10,813) 19,305 1,400 (1,015) 385 2,345 (1,726) 619 3,000 (2,000) 1,000 (15,554) 40,000 (40,000) 0 47,961 (47,961) 0 (87,961) (152,356) Total 1994 Expenditure Budget 3,352,449 (152,356) 3,200,093 Council Member Kuether moved its adoption: introduced the following resolution and CITY OF LINO LAKES RESOLUTION NO. 95-30 RESOLUTION ORDERING IMPROVEMENT OF WOODS OF BALDWIN LAKE - SECOND ADDITION. WHEREAS, a resolution of the City Council adopted the 23rd day of January, 1995, fixed a date for a Council hearing on the proposed improvement of Woods of Baldwin Lake - Second Addition, and WHEREAS, ten days' mailed notice and two weeks' published notice of the hearing was given, and the hearing was held thereon on the 27th day of February, 1995, at which all persons desiring to be heard were given an opportunity to be heard thereon, and WHEREAS, a petition signed by 100% of the property owners proposed to be assessed for these improvements has been received requesting that 50 days of the 60 day waiting period as per Section 8.06 of the Lino Lakes City Charter be waived, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Such improvement is hereby ordered as proposed in the Council resolution adopted the 23rd day of January, 1995. Adopted by the Lino Lakes City Council this 27th day of March, 1995. Marilyn G. 'Anderson, Clerk -Treasurer • Vernon F. Reinert, Mayor The motion for adoption of the foregoing resolution was duly seconded by Council Member Bergeson and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal, Reinert. The following voted against same: None. Whereupon said resolution was declared duly passed and adopted. Council Member Elliott introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95-31 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR THE WOODS OF BALDWIN LAKE - SECOND ADDITION IMPROVEMENTS. WHEREAS, pursuant to a resolution passed by the Council on February 27, 1995, the City Engineer has prepared plans and specifications for the Woods of Baldwin lake - Second Addition Improvements and has presented such plans and specifications to the Council for approval; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published to two days, shall specify the work to be done, shall state that bids will be opened and bids will be received by the City Clerk until 10:00 A.M. on Monday, April 24, 1995 at which time they will be publicly opened in the Council Chambers of the City Hall by the City Clerk and Engineer, will be tabulated and will be considered by the Council at 6:30 P.M. on Monday, April 24, 1995 in the Council Chambers. Any bidder whose responsibility is questioned during consideration of the bid will be given the opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the Clerk for five (5) percent of the amount of such bid. Adopted by the Lino Lakes City Council this 27th day of March, 1995. __ Vernon F. Reinert, Mayor Marilyn GAnderson, Clerk -Treasurer The motion for adoption of the foregoing resolution was duly seconded by Council Member Bergeson - and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal, Reinert. The following voted against same: None. Whereupon said resolution was declared duly passed and adopted. Council member Kuether introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NUMBER 95-34 RESOLUTION REDESIGNATING A PORTION OF THE 1994-1995 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. Whereas, resolution 94-06 designated $9,700.00 to the City's ongoing Therapeutic Recreation Program and, Whereas, there remains an unused balance as of March 1995, of $8,811.93 in the Therapeutic Recreation area and, Whereas, it has been determined that a majority of these funds will not be used and, Whereas, the City may redesignate all or a portion of the remaining Therapeutic Recreation dollars towards another qualifying program and, Whereas, it is the recommendation of the City to redesignate $5,000.00 towards the City's ongoing Growth _ Study(Land Use, Economic Development/Impact Study). Now therefore be it resolved, that $5,000.00 be redesignated from the 1994-1995 Therapeutic Recreation Program to the City's ongoing Growth Study (Land Use/ Economic Development/Impact Study) to be spent before December 31, 1995. Adopted by the City Council of Lino Lakes this 27th day of March, 1995 • (' c? -1,-/C-1:1" arilyn Anderson, Clerk -Treasurer Vernon F. Reinert,Mayor The motion for the adoption of the foregoing resolution was duly seconded by Member Bergeson and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal, Reinert. The following voted against same: None Where upon said resolution was declared duly passed and adopted. Council Member Elliott introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95 - 35 RESOLUTION ABATING 1995 INSTALLMENT OF SPECIAL ASSESSMENTS ON PIN. 27-31-22-13-0004, 27-31-22-13-0005, 29-31-22-32-0022, 29-31-32- 0023, AND 29-31-22-41-0015 AND PLACING ASSESSMENT OF PROPER PROPERTY IDENTIFICATION NUMBERS. WHEREAS: WHEREAS: WHEREAS: an assessment was certified to the above listed parcels for 1995, and it has come to the attention of staff that these assessments were applied to the wrong Property Identification Numbers, and the City Council has met and has considered the request to abate the 1995 installment of special assessment on the above listed parcels, NOW THEREFORE, BE IT RESOLVED, by the City Council of Lino Lakes, Minnesota, as follows: 1. That the 1995 installment and all future years installments for Special Assessment Fund No. 82348 on property described as PIN. 27-31-22-13-0004 and PIN. 27-31-22-13-0005 including penalties and interest, if any, are hereby abated. The special assessment applied to the previously mentioned PIN's shall be applied to PIN. 27-31-22-12-0004 and PIN. 27- 31-22- 12-0005. (Please correct the computer listings to show the correct Property Identification Numbers.) 2. That the 1995 installment and all future years installments for Special Assessment Fund No. 82349 on property described as PIN. 27-31-22-13-0004 and PIN. 27-31-22-13-0005 including penalties and interest, if any, are hereby abated. The special assessment applied to the previously mentioned PIN's shall be applied to PIN. 27-31-22-12-0004 and PIN. 27-31-22- 12-0005. (Please correct the computer listings to show the correct Property Identification Numbers.) 3. That the 1995 installment and all future years installments for Special Assessment Fund No. 82350 on property described as PIN. 27-31-22-13-0004 and PIN. 27-31-22-13-0005 including penalties and interest, if any, are hereby abated. The special assessment applied to the previously mentioned PIN's shall be applied to PIN. 27-31-22-12-0004 and PIN. 27-31-22- 12-0005. (Please correct the computer listings to show the correct Property Identification Numbers.) 4. That the 1995 installment and all future years installments RESOLUTION NO. 95 - 35 Page -2- for Special Assessment Fund No. 82354 on property described as PIN. 29-31-22-32-0022 and PIN. 29-31-22-32-0023 including penalties and interest, if any, are hereby abated. The special assessment applied to the previously, mentioned PIN's shall be applied to PIN. 28-31-22-32-0022 and PIN. 28-31-22- 32-0023. (Please correct the computer listings to show the correct Property Identification Numbers.) 5. That the 1995 installment and all future years installments for Special Assessment Fund No. 82355 on property described as PIN. 29-31-22-32-0022 and PIN. 29-31-22-32-0023 including penalties and interest, if any, are hereby abated. The special assessment applied to the previously mentioned PIN's shall be applied to PIN. 28-31-22-32-0022 and PIN. 28-31-22- 32-0023. (Please correct the computer listings to show the correct Property Identification Numbers.) 6. That the 1995 installment and all future years installments for Special Assessment Fund No. 82356 on property described as PIN. 29-31-22-41-0015 be corrected as follows: Initial Principal be correct to read $602.40, not $1,921.69 and Annual plus Interest be corrected to read $86.01, not $274.37. 7. The City Clerk -Treasurer is hereby authorized and directed to forward a certified copy of this resolution to the County Auditor of Anoka County, Minnesota for abatement and correction. Adopted by the Lino Lakes City Council this 27th day of March, 1995. Vernon F. Reinert, Mayor Marilyn G'. Anderson, Clerk -Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Kuether and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal, Reinert. The following voted against same: None. Whereupon said resolution was declared duly passed and adopted. Council rvleni1 r wether introducr?d tho following ,Ind moved it_ uli)plicm CITY OF LINO LAKES RESOLUTION NO. 95-36 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR THE COUNTRY LAKES ESTATES - PHASE 2 IMPROVEMENTS. WHEREAS, pursuant to a resolution passed by the Council on August 9, 1993, the City Engineer has prepared plans and specifications for the Country Lakes Estates - Phase 2 Improvements and has presented such plans and specifications to the Council for approval; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published to two days, shall specify the work to be done, shall state that bids will be opened and bids will be received by the City Clerk until 10:00 A.M. on Monday, April 24, 1995 at which time they will be publicly opened in the Council Chambers of the City Hall by the City Clerk and Engineer, will be tabulated and will be considered by the Council at 6:30 P.M. on Monday, April 24, 1995 in the Council Chambers. Any bidder whose responsibility is questioned during consideration of the bid will be given the opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the Clerk for five (5) percent of the amount of such bid. Adopted by the Lino Lakes City Council this 27th day of March, 1995. Vernon F. Reinert, Mayor Marilyn G. Anderson, Clerk -Treasurer The motion for adoption of the foregoing resolution was duly seconded by Council Member Elliott and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal, Reinert. The following voted against same: None . Whereupon said resolution was declared duly passed and adopted. Council tvlembt r Llliot introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95-37 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR THE HODGSON ROAD TRUNK WATERMAIN IMPROVEMENTS. WHEREAS, pursuant to a resolution passed by the Council on June 13, 1994, the City Engineer has prepared plans and specifications for the Hodgson Road Trunk Watermain Improvements and has presented such plans and specifications to the Council for approval; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published to two days, shall specify the wort( to be done, shall state that bids will be opened and bids will be received by the City Clerk until 10:00 A.M. on Monday, April 24, 1995 at which time they will be publicly opened in the Council Chambers of the City Hall by the City Clerk and �. Engineer, wiU be tabulated and will be considered by the Council at 6.30 P.M. on Monday, April 24, 1995 in the Council Chambers. Any bidder whose responsibility is questioned during consideration of the bid will be given the opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the Clerk for five (5) percent of the amount of such bid. Adopted by the Lino Lakes City Council this 27th day of March, 1995. Vernon F. Reinert, Mayor Marilyn G. Anderson, Clerk -Treasurer The motion for adoption of the foregoing resolution was duly seconded by Council Member Bergeson and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal, Reinert. The following voted against same: None. Whereupon said resolution was declared duly passed and adopted. Council Member Elliott introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95 - 38 RESOLUTION DETERMINING THAT PETITION TITLED "CONFLICT OF INTEREST" I8 INSUFFICIENT AND DIRECTING THE CLERK -TREASURER TO DELIVER A COPY OF THE PETITION, TOGETHER WITH A WRITTEN STATEMENT OF ITS DEFECT(S) TO THE SPONSORING COMMITTEE WHEREAS, WHEREAS, WHEREAS, WHEREAS, a petition titled "Conflict of Interest" was submitted to the Clerk -Treasurer on February 22, 1995, 5:00 P.M. and the petition is asking that an ordinance titled "Conflict of Interest" be placed on a City ballot so that the citizens of Lino Lakes can vote "Aye" or "Nay" on the proposed ordinance, and the Lino Lakes Home Rule Charter states in Section 5.03 Determination of Sufficiency, that the required number of signatures on the petition shall be defined as five percent (5%) of the number of registered voters at the time of the last regular municipal election, and the number of registered voters in the 1993 Municipal Election was 5,824 which would require that at least 292 signatures of registered voters would be required to make the petition sufficient, and WHEREAS, the number of eligible signatures on this petition was 201, NOW THEREFORE, BE IT RESOLVED, that the City Council of the city of Lino Lakes hereby determines that the petition is insufficient, and BE IT FURTHER RESOLVED, that the City Clerk -Treasurer is hereby directed to deliver a copy of the petition, together with a written statement of its defects, to the sponsoring committee. Adopted by the Lino Lakes City Council this ,27th day of March, 1995. Vernon F. Reinert, Mayor Marilyn GAJ Anderson, Clerk -Treasurer RESOLUTION NO. 95 - 38 Page -2- The motion for the adoption of the foregoing resolution was duly seconded by Council Member Bergeson and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal, Reinert. The following voted against same: None. Whereupon said resolution was declared duly passed and adopted. Council Member Bergeson moved its adoption: introduced the following resolution and CITY OF LINO LAKES RESOLUTION NO. 95 - 39 RESOLUTION DETERMINING THAT PETITION TITLED "CITY CAP ON BUILDING NEW HOMES" IS INSUFFICIENT AND DIRECTING THE CLERK -TREASURER TO DELIVER A COPY OF THE PETITION, TOGETHER WITH A WRITTEN STATEMENT OF ITS DEFECT(S) TO THE SPONSORING COMMITTEE WHEREAS, WHEREAS, WHEREAS, WHEREAS, a petition titled "City Cap on Building New Homes" was submitted to the Clerk -Treasurer on February 22, 1995, 5:00 P.M. and the petition is asking that an ordinance titled "City Cap on Building New Homes" be placed on a City ballot so that the citizens of Lino Lakes can vote "Aye" or "Nay" on the proposed ordinance, and the Lino Lakes Home Rule Charter states in Section 5.03 Determination of Sufficiency, that the required number of signatures on the petition shall be defined as five percent (5%) of the number of registered voters at the time of the last regular municipal election, and the number of registered voters in the 1993 Municipal Election was 5,824 which would require that at least 292 signatures of registered voters would be required to make the petition sufficient, and WHEREAS, the number of eligible signatures on this petition was 186, NOW THEREFORE, BE IT RESOLVED, that the City Council of the city of Lino Lakes hereby determines that the petition is insufficient, and BE IT FURTHER RESOLVED, that the City Clerk -Treasurer is hereby directed to deliver a copy of the petition, together with a written statement of its defects, to the sponsoring committee. Adopted by the Lino Lakes City Council this 27th day of March, 1995. Vernon F. Reinert, Mayor Marilyn G. Anderson, Clerk -Treasurer RESOLUTION NO. 95 - 39 Page -2- The motion for the adoption of the foregoing resolution was duly seconded by Council Member Kuether and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal, Reinert. The following voted against same: None Whereupon said resolution was declared duly passed and adopted. Council Member Elliott moved its adoption: introduced the following resolution and CITY OF LINO LAKES RESOLUTION NO. 95 - 40 RESOLUTION DETERMINING THAT PETITION TITLED "IMPROVED CRITERIA ON NOTIFICATION" I8 INSUFFICIENT AND DIRECTING THE CLERK -TREASURER TO DELIVER A COPY OF THE PETITION, TOGETHER WITH A WRITTEN STATEMENT OF ITS DEFECT(S) TO THE SPONSORING COMMITTEE WHEREAS, WHEREAS, WHEREAS, WHEREAS, a petition titled "Improved Criteria on Notification" was submitted to the Clerk -Treasurer on February 22, 1995, 5:00 P.M. and the petition is asking that an ordinance titled "Improved Criteria on Notification" be placed on a City ballot so that the citizens of Lino Lakes can vote "Aye" or "Nay" on the proposed ordinance, and the Lino Lakes Home Rule Charter states in Section 5.03 Determination of Sufficiency, that the required number of signatures on the petition shall be defined as five percent (5%) of the number of registered voters at the time of the last regular municipal election, and the number of registered voters in the 1993 Municipal Election was 5,824 which would require that at least 292 signatures of registered voters would be required to make the petition sufficient, and WHEREAS, the number of eligible signatures on this petition was 201, NOW THEREFORE, BE IT RESOLVED, that the City Council of the city of Lino Lakes hereby determines that the petition is insufficient, and BE IT FURTHER RESOLVED, that the City Clerk -Treasurer is hereby directed to deliver a copy of the petition, together with a written statement of its defects, to the sponsoring committee. Adopted by the Lino Lakes City Council this 27th day of March, 1995. f —' Vernon F. Reinert, Mayor Marilyn G1�: Anderson, Clerk -Treasurer RESOLUTION NO. 95 - 40 Page -2- The motion for the adoption of the foregoing resolution was duly seconded by Council Member Kuether and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal, Reinert. The following voted against same: None. Whereupon said resolution was declared duly passed and adopted. AGENDA ITEM 5 B STAFF ORIGINATOR Mary Kay Wyland DATE March 24, 1995 TOPIC Shoreland Management Ordinance First Reading Ordinance No. 04-95 BACKGROUND Minnesota Statutes has mandated that the City update their existing (1983) Shoreland Management Ordinance. The purpose of the Ordinance is to provide for the wise subdivision, use and development of shorelands of public waters. These shorelands can be described as an area roughly 1000' from the ordinary high water mark of the protected waters listed on pages 8 and 9 of the Ordinance. A Model Ordinance was provided by the DNR and intended to be used as a guide. The DNR allows communities to pursue flexibility from the State Model Ordinance to address conditions unique to the City. City Staff has worked closely with DNR Staff in developing the attached ordinance and have received a favorable response to our request for flexibility. This flexibility was requested in order to maintain sustainable growth within the City and relates to the following areas. Land Use Designations Lot Size Density Impervious Surface Coverage Building Heights Sanitary Sewer Connection Shoreland Setback for Uses without Water Oriented Needs LAND USE DESIGNATIONS: The City has requested the Land Use Designations to compare with our base zoning districts. LOT SIZE: Lot area and width standards are significantly less restrictive than the state standards. We have requested standards that relate again to our base zoning district (10,800 sq. ft. area for R-1 non -riparian lots, 20,000 sq. ft. for riparian lots while the DNR Model requested 15,000 sq. ft. area for non -riparian and 20,000 sq. ft. for riparian). Flexibility was requested due to the short supply of buildable land resulting from the high percentage of state right-of-way, county park, wetlands and lakes within the City. As a condition of approval for this flexibility request, the DNR has asked that our ordinance include a statement which prohibits total district -wide density from being exceeded. We have included such a provision. DENSITY: The DNR Model provided a complicated tier arrangement for calculating density for multi -family developments. The City has proposed a standard calling for 5,000 square feet for townhomes and 2,900 square feet for apartments, per unit. The DNR has approved this flexibility request due to our more stringent requirements on water quality, general performance standards, and the local water management plan. IMPERVIOUS SURFACE COVERAGE: The DNR Model called for impervious surface limits of 25% across the board. We have requested a limit of 30% for single family and low density development, 35% for medium/high density development, and 60% for commercial. Due to our performance standards and local water management plan, the DNR has agreed to this flexibility request. BUILDING HEIGHT: The City is requesting a 36' height limit which is consistent with similar requests from other communities in the Metro Area. The DNR Model suggests a 25' limit. They have agreed to the 36' limit. SANITARY SEWER CONNECTION: The DNR Model required a connection to sanitary sewer within one-year, if available. This requirement runs contrary to our City Charter and they have agreed to its exclusion. SHORELAND SETBACK FOR USES W/O WATER ORIENTED NEEDS: The DNR Model required a double setback for commercial uses without water oriented needs. This would have rendered commercial properties along Lake Drive unbuildable. They have agreed to waive this requirement. Attached for Council information is a memo from our Planning Consultant, Al Brixius, which outlines in detail our request for flexibility. The information outlined above is a brief summary of that information. The Planning and Zoning Board held two Public Hearings and a Special Work Session to discuss this ordinance. They have considered the comments of concerned citizens and input from City Staff and the DNR. Their recommendation was to approve the ordinance as submitted. OPTIONS 1. Approve the first reading of Ordinance No. 4-95 2. Return to staff for further consideration RECOMMENDATION Option 1 Council Member Kuether resolution and moved its adoption: introduced the following CITY OF LINO LAKES RESOLUTION NO. 95-41 RESOLUTION VACATION A DRAINAGE EASEMENT ON LOT 5 AND 6, BLOCK 2, ROHAVIC OAKS SECOND ADDITION WHEREAS, a 15 foot wide drainage easement was recorded over the southwesterly border of Lot 17, Block 2, Rohavic Oaks at the time the plat was recorded, and WHEREAS, this portion of Rohavic Oaks has been replatted into Lot 5 and Lot 6, Rohavic Oaks Second Addition and proper drainage easements were recorded over Lot 5 and Lot 6, Block 2, Rohavic Oaks Second Addition at the time the plat was recorded, and WHEREAS, a public hearing was held on March 27, 1995 before the City Council in the Council Chambers after due published notice on March 14 and 21, 1995 and all persons interested were given an opportunity to be heard; and, WHEREAS, it appears that it will be for the best interest of the City to vacate this easement, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lino Lakes, Anoka County, Minnesota that a 15 foot wide drainage easement over the southwesterly border of Lot 17, Block 2, Rohavic Oaks is hereby vacated. Adopted by the Council of the City of Lino Lakes this 27th day of March, 1995. Marilyn G. Anderson, Clerk -Treasurer Vernon F. Reinert, Mayor The motion for adoption of the foregoing resolution was duly seconded by Council Member Elliott and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal, Reinert. The following voted against same: None. Whereupon said resolution was declared duly passed and adopted. MARCH 31, 1995 DISBURSEMENT LIST ECONOMIC DEVELOPMENT BREDE EXPOSITION (TABLE/DRAPE) TOTAL PLANNING/ENGINEERING MARK GRIMES (REGISTRATION) SENSIBLE LAND COALITION (MEMBERSHIP) TOTAL POLICE PERA (WITHHOLDING) TOTAL MISCELLANEOUS MN DEPT OF REVENUE (WITHHOLDING) MN DEPT OF HEALTH (QTR WATER FEE) TOTAL $60.46 $60.46 $30.00 $175.00 $205.00 $60.59 $60.59 $46.00 $2,021.00 $2,067.00 TOTALS $2,393.05 SUMMARY BY DEPARTMENT POSTMASTER (UTILITY POSTAGE) WATER $185.53 SEWER $185.53 $371.06 TOTAL MANUAL DISBURSEMENT $2,764.11 PAGE 1 DISBURSEMENT LIST APRIL 10, 1995 Page: 1 Date: 04/07/95 City of Lino Lakes Claims Roster sorted by Department, Grouped by Invoice Vendor Company (Entry Description) 1989 CONSTRUCTION FUND 1989 CONSTRUCTION * T.K.D.A.(MUN ENGINEER/RESHANAU 5TH) 1994 CONSTRUCTION FUND 1994 CONSTRUCTION FUND * T.K.D.A.(MUN ENGINEER/HWY 49 & LAKE) * T.K.D.A.(MUN ENGINEER/CNTRY LK EST) * T.K.D.A.(MUN ENGINEER/HODGSON ROAD) APOLLO BUSINESS PARK FUND APOLLO BUSINESS * T.K.D.A.(MUN ENGINEER/APOLLO B PARK) APOLLO DRIVE CONSTRUCTION FUND APOLLO DRIVE * T.K.D.A.(MUN ENGINEER/APOLLO DRIVE) AREA AND UNIT CHARGE OTHER * SHORT-ELLIOTT-HENDRICKSON, * T.K.D.A.(MUN ENGINEER/AREA Total for Department Total for Fund Total for Department Total for Fund Total for Department Total for Fund Total for Department Total for Fund INC(AREA/UNIT) & UNIT) Total for Department Amount 34.33 34.33 34.33 1,616.32 4,000.05 952.40 6,568.77 6,568.77 102.99 102.99 102.99 12,477.41 12,477.41 12,477.41 290.28 3,025.52 3,315.80 Total for Fund 3,315.80 Page: 2 Date: 04/07/95 City of Lino Lakes Claims Roster sorted by Department, Grouped by Invoice Vendor Company (Entry Description) Amount CAPITAL IMPROVEMENTS PROJECTS FIRE DEPARTMENT CENTENNIAL FIRE DISTRICT(QUARTERLY BUDGET) 15,225.00 Total for Department 15,225.00 STREETS LAKELAND FORD('95 FORD TRUCK) 42,781.00 Total for Department 42,781.00 Total for Fund 58,006.00 COMMUNITY DEVELOPEMENT BLOCK GRANT OTHER * NORTHWEST ASST CONSULTANT, INC(PLANNING FEES) * T.K.D.A.(MUN ENGINEER/CDGB) CONTRACTORS DEPOSITS Default Department 706.90 1,535.40 Total for Department 2,242.30 Total for Fund 2,242.30 * ECM PUBLISHERS, INC(ADVERTISING) 52.20 * ECM PUBLISHERS, INC(ADVERTISING) 7.74 * ECM PUBLISHERS, INC(ADVERTISING) 15.46 * NORTHWEST ASST CONSULTANT, INC(PLANNING FEES/CLEARWATER) 664.50 * NORTHWEST ASST CONSULTANT, INC(PLANNING FEES/M LAKE TN HMS) 162.50 * NORTHWEST ASST CONSULTANT, INC(PLANNING FEES/TRAPPERS CROSS) 72.50 * PREMIERE VIDEO & PHOTO(SERVICE) 8.20 * T.K.D.A.(MUN ENGINEER/M LAKE TOWNHMS) 171.65 * T.K.D.A.(MUN ENGINEER/CLEARWATER CK) 3,354.85 * T.K.D.A.(MUN ENGINEER/OAKS OF LINO) 1,453.82 * T.K.D.A.(MUN ENGINEER/TRAPPERS CROSS) 1,530.19 * T.K.D.A.(MUN ENGINEER/BEHM'S C FARM) 470.67 * T.K.D.A.(MUN ENGINEER/WENZEL FARMS) 3,900.54 * T.K.D.A.(MUNICIPAL ENGINEER) 1,156.58 * T.K.D.A.(MUNICIPAL ENGINEER/PINERIDGE) 171.65 * T.K.D.A.(MUN ENGINEER/QUAILRIDGE) 68.66 * T.K.D.A.(MUN ENGINEER/PHEASANT HILLS) 257.48 * T.K.D.A.(MUN ENGINEER/SHORES OF M LK) 34.33 * T.K.D.A.(MUN ENGINEER/FOX TRACE) 905.19 * T.K.D.A.(MUN ENGINEER/WOODS OF BALD) 3,379.04 Total for Department 17,837.75 Total for Fund 17,837.75 Page: 3 Date: 04/07/95 City of Lino Lakes Claims Roster sorted by Department, Grouped by Invoice Vendor Company (Entry Description) Amount DEDICATED PARKS OTHER BEST LOCK SYSTEMS OF MN, INC.(LOCK KEYED) FLANAGAN SALES, INC.(PLAYGROUND EQUIPMENT) GENERAL ADMINISTRATION * EMERALD OFFICE SUPPLY, INC.(SUPPLIES) * FORTIS BENEFITS, INC.(INSURANCE) KEYE PRODUCTIVITY CENTER(SEMINAR) PITNEY BOWES INC(SUPPLIES) PRESS PUBLICATIONS, INC.(SUBSCRIPTION) STATE OF MINNESOTA(SUPPLIES) BUILDING INSPECTIONS * FORTIS BENEFITS, INC.(INSURANCE) * MEDICA(INSURANCE) * MN DEPT OF REVENUE(SALES TAX) 135.40 3,956.00 Total for Department 4,091.40 Total for Fund 4,091.40 104.26 47.20 98.00 52.92 9.00 5.60 Total for_Department _316.98 20.80 216.25 1.78 Total for Department 238.83 CHARTER COMMISSION * ECM PUBLISHERS, INC(ADVERTISING) 11.60 Total for Department 11.60 Default Department * MEDICA(INSURANCE/FLEX) 561.10 * MN DEPT OF REVENUE(SALES TAX) 405.81 * NORTHWEST ASST CONSULTANT, INC(PLANNING FEES) 108.00 * SHORT-ELLIOTT-HENDRICKSON, INC(SHORELAND GRANT) 272.28 STATE BOARD OF ELECTRICITY(ELECTRIC PERMITS) 25.00 Total for Department 1,372.19 ECONOMIC DEVELOPEMENT * FORTIS BENEFITS, INC.(INSURANCE) 26.40 Page: 4 Date: 04/07/95 City of Lino Lakes Claims Roster sorted by Department, Grouped by Invoice Vendor Company (Entry Description) Amount MINNEAPOLIS AREA ASSN OF REALT(SUPPLIES) 10.00 * MN DEPT OF REVENUE(SALES TAX) 3.86 * MN DEPT OF REVENUE(SALES TAX) 4.76 WESSEL, BRIAN(TRAVEL/MEALS) 240.38 FINANCE * FORTIS BENEFITS, INC.(INSURANCE) * MEDICA(INSURANCE) FIRE DEPARTMENT Total for Department 285.40 34.00 437.00 Total for Department 471.00 CENTENNIAL FIRE DISTRICT(QUARTERLY BUDGET) * FORTIS BENEFITS, INC.(INSURANCE) FLEET MANAGEMENT 60,963.95 13.20 Total for Department 60,977.15 AMERICAN FASTENERS(PARTS) 37.20 CATCO PARTS, INC.(PARTS) 366.52 CERTIFIED HYDRAULIC SPEC(PARTS) 222.33 * FORTIS BENEFITS, INC.(INSURANCE) 7.60 GILLUND ENTERPRISES, INC.(PARTS) 78.53 GOPHER BEARING CO(PARTS) 111.08 GRAINGER(TOOLS) 71.99 * MEDICA(INSURANCE) 216.25 MIDWEST SPECIALTY SALES(PARTS) 172.95 MITCHELL MANUALS(DIAGNOSTIC CLASS) 175.00 PIONEER RIM AND WHEEL COMPANY(PARTS) 45.65 THANE HAWKINS POLAR CHEVROLET,(PARTS) 21.57 TOLL GAS/WELDING SUPPLY(PARTS) 28.04 TRACY FUELS, INC.(FUEL) 1,139.22 TRACY FUELS, INC.(FUEL) 357.99 TRACY FUELS, INC.(FUEL) 909.24 Total for Department 3,961.16 FORESTRY DEPARTMENT * EMERALD OFFICE SUPPLY, INC.(SUPPLIES) 28.22 FORESTRY SUPPLIERS, INC.(SUPPLIES) 87.73 * FORTIS BENEFITS, INC.(INSURANCE) 7.60 * J & E SMALL ENGINE & SPORT, IN(SUPPLIES) 171.77 Total for Department 295.32 GOVERNMENT BUILDINGS Page: 5 Date: 04/07/95 City of Lino Lakes Claims Roster sorted by Department, Grouped by Invoice Vendor Company (Entry Description) Amount * ANOKA ELECTRIC, INC.(MONTHLY SERVICE) 774.71 DALCO, INC.(SUPPLIES) 231.37 * FORTIS BENEFITS, INC.(INSURANCE) 7.60 INTL OFFICE SYSTEMS(MONTHLY SERVICE) 690.32 * MEDICA(INSURANCE) 216.25 * MINNEGASCO ACCOUNTS PAYABLE, I(MONTHLY SERVICE) 635.65 * MN DEPT OF REVENUE(SALES TAX) 1.29 PLUNKETT'S, INC.(SERVICE) 27.16 REMINGTON ELECTRIC, INC.(PARTS/LABOR) 77.75 RIVARD ELECTRIC COMPANY, INC.(SERVICE AT 6965 LAKE DRIVE) 89.00 Total for Department 2,751.10 MAYOR AND COUNCIL VIGER, JEAN(MEALS) 10.53 Total for Department 10.53 PARKS DEPARTMENT * A T & T WIRELESS SERVICE(MONTHLY SERVICE) 5.32 * BRYAN ROCK PRODUCTS(BALL DIAMOND AGG) 306.99 * CIRCLE PINES POST OFFICE(STAMPS) 32.00 * EMERALD OFFICE SUPPLY, INC.(SUPPLIES) 41.75 * FORTIS BENEFITS, INC.(INSURANCE) 36.00 LICHTSCHEIDL, DAVE(UNIFORM ALLOWANCE) 54.99 * MEDICA(INSURANCE) 216.25 * MINNEGASCO ACCOUNTS PAYABLE, I(MONTHLY SERVICE) 57.45 * MN DEPT OF REVENUE(SALES TAX) - 20.84 * PETTY CASH(SUPPLIES) 3.37 * PREMIERE VIDEO & PHOTO(SERVICE) 6.92 TURF SUPPLIES(SUPPLIES) 2,258.33 URICH, TRACY(UNIFORM ALLOWANCE) 64.99 US WEST COMMUNICATIONS(MONTHLY SERVICE) 55.66 Total for Department 3,160.86 PLANNING AND ZONING BOARD TIMESAVER OFF-SITE SECRETARIAL(P & Z MINUTES) Total for Department PLANNING DEPARTMENT 144.00 144.00 * A T & T WIRELESS SERVICE(MONTHLY SERVICE) 5.32 ALBINSON, INC.(SUPPLIES - 20/20 VISION) 43.40 ALBINSON, INC.(SUPPLIES) 9.79 * FORTIS BENEFITS, INC.(INSURANCE) 34.00 LORENZ BUS SERVICE, INC.(TOUR - 20/20 VISION) 165.00 * MEDICA(INSURANCE) 541.25 * MN DEPT OF REVENUE(SALES TAX) 2.05 Page: 6 Date: 04/07/95 City of Lino Lakes Claims Roster sorted by Department, Grouped by Invoice Vendor Company (Entry Description) Amount * NORTHWEST ASST CONSULTANT, INC(PLANNING FEES) 1,259.09 * SHORT-ELLIOTT-HENDRICKSON, INC(MUNICIPAL ENGINEER) 3,150.51 * T.K.D.A.(MUNICIPAL ENGINEER) 8,654.06 Total for Department 13,864.47 POLICE DEPARTMENT * A T & T WIRELESS SERVICE(MONTHLY SERVICE) 33.54 * ANOKA ELECTRIC, INC.(SIRENS) 10.65 BROOKLYN CENTER, CITY OF(TRAILER RENTAL) 200.00 * EMERALD OFFICE SUPPLY, INC.(SUPPLIES) 106.96 * FORTIS BENEFITS, INC.(INSURANCE) 117.60 LABOR RELATIONS, INC.(SERVICE) 176.00 * MEDICA(INSURANCE) 1,688.75 MIDWEST BUSINESS PRODUCTS, INC(SUPPLIES) 161.30 MINNESOTA COUNTY ATTORNEYS ASS(BOOKS) 263.70 * MN DEPT OF REVENUE(SALES TAX) 20.48 * MN DEPT OF REVENUE(SALES TAX) 18.42 * MN DEPT OF REVENUE(SALES TAX) 416.99 * MN DEPT OF REVENUE(SALES TAX) 19.16 STREGE, KENT(UNIFORM ALLOWANCE 1995) 505.00 STREICHER'S, INC.(SUPPLIES) 118.60 THE POLICE INSTITUTE(REGISTRATION) 135.00 U S WEST CELLULAR(MONTHLY SERVICE) 176.01 Total for Department 4,168.16 RECREATION DEPARTMENT * A T & T WIRELESS SERVICE(MONTHLY SERVICE) 5.32 * CIRCLE PINES POST OFFICE(STAMPS) 32.00 * EMERALD OFFICE SUPPLY, INC.(SUPPLIES) 31.43 * FORTIS BENEFITS, INC.(INSURANCE) 13.20 HUMAN KINETICS(WORKSHOP) 295.00 JACKSON-HIRSH, INC.(SUPPLIES) 36.47 * PETTY CASH(SUPPLIES) 11.05 STAR TRIBUNE(ADVERTISING) 63.00 SOLID WASTE ABATEMENT * EMERALD OFFICE SUPPLY, INC.(SUPPLIES) QUALITY PROMOTIONALS(SUPPLIES) STREETS Total for Department 487.47 24.44 287.98 Total for Department 312.42 * A T & T WIRELESS SERVICE(MONTHLY SERVICE) * ANOKA ELECTRIC, INC.(STREET LIGHTS) * BRYAN ROCK PRODUCTS(CLASS V) 12.25 190.63 4,837.41 Page: 7 Date: 04/07/95 City of Lino Lakes Claims Roster sorted by Department, Grouped by Invoice Vendor Company (Entry Description) * FORTIS BENEFITS, INC.(INSURANCE) * J & E SMALL ENGINE & SPORT, IN(SUPPLIES) LYLE SIGNS, INC.(STREET SIGNS) * MEDICA(INSURANCE) NORTHERN STATES POWER, INC.(STREET LIGHTS) Total PROGRAM RECREATION Default Department BERTRAM, TRACEY(AEROBIC PROGRAM REFUND) KRUSEL, NEIL(REFUND/CONDUCT FEE) RECREATION DEPARTMENT ALL STAR SPORTS, INC.(SUPPLIES) ALL STAR SPORTS, INC.(SUPPLIES) BROADWAY AWARDS(SUPPLIES) * MN DEPT OF REVENUE(SALES TAX) * PETTY CASH(SUPPLIES) QUALITY PROMOTIONALS(SUPPLIES) QUALITY PROMOTIONALS(SUPPLIES) SEWER OPERATING SEWER DEPARTMENT for Department Total for Fund Total for Department Total for Department - * A T & T WIRELESS SERVICE(MONTHLY SERVICE) * BLAINE, CITY OF(SEWER) * FORTIS BENEFITS, INC.(INSURANCE) NORTHERN STATES POWER, INC.(MONTHLY SERVICE) * SHOREVIEW, CITY OF(SEWER) Total SURFACE WATER MANAGEMENT OTHER Total for Fund for Department Total for Fund * SHORT-ELLIOTT-HENDRICKSON, INC(SURFACE WATER) * T.K.D.A.(MUN ENGINEER/SURFACE WATER) Amount 36.00 318.38 1,134.86 216.25 2,009.76 8,755.54 101,584.18 10.00 50.00 60.00 23.99 455.96 31.42 1.56 13.02 333.17 333.18 1,192.30 1,252.30 2.66 897.60 7.60 537.19 5,008.14 6,453.19 6,453.19 373.54 1,122.56 Page: 8 Date: 04/07/95 City of Lino Lakes Claims Roster sorted by Department, Grouped by Invoice Vendor Company (Entry Description) Total for Department Total for Fund Amount 1,496.10 1,496.10 WATER OPERATING Default Department * BLAINE, CITY OF(STATE FEE) 105.00 * SHOREVIEW, CITY OF(STATE CONNECTION FEE) 146.90 Total for Department 251.90 WATER DEPARTMENT * A T & T WIRELESS SERVICE(MONTHLY SERVICE) 2.67 * BLAINE, CITY OF(WATER) 204.40 * FORTIS BENEFITS, INC.(INSURANCE) 7.60 * MINNEGASCO ACCOUNTS PAYABLE, I(MONTHLY SERVICE) 81.82 NORTHERN STATES POWER, INC.(MONTHLY SERVICE) 427.18 * SHOREVIEW, CITY OF(WATER) 2,121.04 Total for Department Total for Fund ** Total ** - Invoice split to different Departments 2,844.71 3,096.61 $218,559.13 Page: 1 Date: 04/07/95 City of Lino Lakes Summary Claims Roster Vendor - Company Name Amount 000110 - A T & T WIRELESS SERVICE 000158 - ALL STAR SPORTS, INC. 000168 - ALBINSON, INC. 000210 - AMERICAN FASTENERS 000450 - ANOKA ELECTRIC, INC. 000649 - BERTRAM, TRACEY 000680 - BEST LOCK SYSTEMS OF MN, INC. 000720 - BLAINE, CITY OF 000827 - BROOKLYN CENTER, CITY OF 000860 - BROADWAY AWARDS 000880 - BRYAN ROCK PRODUCTS 001000 - CATCO PARTS, INC. 001040 - CENTENNIAL FIRE DISTRICT 001090 - CERTIFIED HYDRAULIC SPEC 001100 - CIRCLE PINES POST OFFICE 001270 - DALCO, INC. 001390 - ECM PUBLISHERS, INC 001420 - EMERALD OFFICE SUPPLY, INC. 001520 - FLANAGAN SALES, INC. 001540 - FORESTRY SUPPLIERS, INC. 001550 - FORTIS BENEFITS, INC. 001610 - GILLUND ENTERPRISES, INC. 001660 - GOPHER BEARING CO 001720 - GRAINGER 001885 - HUMAN KINETICS 001980 - INTL OFFICE SYSTEMS 67.08 479.95 53.19 37.20 975.99 10.00 135.40 1,207.00 200.00 31.42 5,144.40 366.52 76,188.95 222.33 64.00 231.37 87.00 337.06 3,956.00 87.73 416.40 78.53 111.08 71.99 295.00 690.32 Page: 2 Date: 04/07/95 City of Lino Lakes Summary Claims Roster Vendor - Company Name Amount 002025 - J & E SMALL ENGINE & SPORT, INC. 490.15 002036 - JACKSON-HIRSH, INC. 36.47 002141 - KEYE PRODUCTIVITY CENTER 98.00 002181 - KRUSEL, NEIL 50.00 002220 - LABOR RELATIONS, INC. 176.00 002240 - LAKELAND FORD 42,781.00 002330 - LICHTSCHEIDL, DAVE 54.99 002375 - LORENZ BUS SERVICE, INC. 165.00 002460 - LYLE SIGNS, INC. 1,134.86 002540 - MEDICA 4,309.35 002608 - MIDWEST BUSINESS PRODUCTS, INC. 161.30 002670 - MIDWEST SPECIALTY SALES 172.95 002695 - MINNEAPOLIS AREA ASSN OF REALTORS 10.00 002697 - MITCHELL MANUALS 175.00 002700 - MINNEGASCO ACCOUNTS PAYABLE, INC. 774.92 002782 - MN DEPT OF REVENUE 917.00 002822 - MINNESOTA COUNTY ATTORNEYS ASSOC 263.70 003250 - NORTHERN STATES POWER, INC. 964.37 003260 - NORTHERN STATES POWER, INC. 2,009.76 003320 - NORTHWEST ASST CONSULTANT, INC. 2,973.49 003491 - PETTY CASH 27.44 003511 - PIONEER RIM AND WHEEL COMPANY 45.65 003520 - PITNEY BOWES INC 52.92 003540 - PLUNKETT'S, INC. 27.16 003590 - PREMIERE VIDEO & PHOTO 15.12 003600 - PRESS PUBLICATIONS, INC. 9.00 Page: 3 Date: 04/07/95 City of Lino Lakes Summary Claims Roster Vendor - Company Name Amount 003640 - QUALITY PROMOTIONALS 003760 - REMINGTON ELECTRIC, INC. 003789 - RIVARD ELECTRIC COMPANY, INC. 003880 - SHORT-ELLIOTT-HENDRICKSON, INC. 003990 - SHOREVIEW, CITY OF 004150 - STAR TRIBUNE 004160 - STATE BOARD OF ELECTRICITY 004190 - STATE OF MINNESOTA 004239 - STREGE, KENT 004240 - STREICHER'S, INC. 004350 - T.K.D.A. 004410 004413 004427 004451 004470 - THANE HAWKINS POLAR CHEVROLET, INC. - THE POLICE INSTITUTE - TIMESAVER OFF-SITE SECRETARIAL - TOLL GAS/WELDING SUPPLY - TRACY FUELS, INC. 004530 - TURF SUPPLIES 004660 - URICH, TRACY 004670 - US WEST COMMUNICATIONS 004671 - U S WEST CELLULAR 004720 - VIGER, JEAN 004800 - WESSEL, BRIAN 954.33 77.75 89.00 4,086.61 7,276.08 63.00 25.00 5.60 505.00 118.60 50,375.69 21.57 135.00 144.00 28.04 2,406.45 2,258.33 64.99 55.66 176.01 10.53 240.38 ** Total ** $218,559.13 AGENDA ITEM N0.3 STAFF ORIGINATOR: Marty Asleson DATE: April 6, 1995 TOPIC: Earth Day Update/Approval to Spend Dollars BACKGROUND This is the second year that we will host an Earth Day celebration at the Joseph E. Wargo Nature Center. The Celebration is scheduled for Saturday, April 22. There will be activities, exhibitors, and a formal ceremony with the focus on environmental awareness. This all follows a city-wide clean-up,spruce-up activity that includes many volunteer residents and the Adopt -a -Highway people. The quad - city area will join us this year in the celebration. Each city is responsible for their own clean-up projects. Please find attached a copy of the celebration agenda. The ceremony will occur at 11:15 A.M. Dollars were accepted by the Friends of the Parks Foundation from the Circle -Lex Lions, Centennial Fire Relief, and Lexington Fire Relief to cover the costs for the event. The total contribution to Friends was $1250. Any surplus dollars will be left in the Foundation for future Earth Day events. OPTIONS 1. Approve the expenditure of funds for Earth Day 2. Refer back to Friends of the Parks RECOMMENDATION Option 1 Quad City Earth Day Celebration April 22, 1995 Pride in the Parks ---Pride in the Environment Project/Clean-Up Time: 9:00 to 11:00 AM Meet at Fire Station 2 - 7741 Lake Drive Rice Lake Elementary City Hall, Centerville Lexington Fire Station Ceremony: 11:15 Lunch/Entertainment: 12:00 AM to 2:00 PM Joseph E. Wargo Nature Center 7701 Main Street Program: WELCOME - Marty Asleson MODERATOR - Amy Donlin F1AG CEREMONY - VFW Post 6583 PROCLAMATION - Mayor Vern Reinert STATE SENATOR DIST. 53 - Linda Runbeck STATE REPRESENTATIVE DIST. 51 A - Mike Delmont STATE SENATOR DIST. 51 - Jane Krentz, Letter Read ANOKA COUNTY COMMISSIONER - Margaret Langfeld ANOKA COUNTY PARKS DIRECTOR - John VonDeLinde ART HAWKINS - Resident and Environmentalist MINNESOTA DEPARTMENT OF AGRICULTURE - Dan Gillman MINNESOTA DEPARTMENT OF NATURAL RESOURCES - Art Wiederstrom RECYCLING - Jackie Constant CENTENNIAL Junior High - Green Team, Essay Reading: Visioning the Next 25 Years AWARDS -Fran -Kurk AFTER CEREMONY: Story Telling - Centennial Junior High Green Team (Amphitheater) Interactive Activities - Junior High Green Teem Salon Cheveux - Hair Cutting, Profits to the "Give to the Earth Foundation" Aveda - Eco -Cooking, Organic Cooking Demonstration Anoka County Parks - Interpretive Nature Walks Tree Sale Anoka County Environmental Classroom Free Lunch for volunteers Police Auction 2:00 - Following Ceremony Lino Lakes Police Department After Ceremony: Free Lunch at the Joseph E. Wargo Nature Center. Also, Exhibitors and information concerning environmental issues will be available. Features: Minnesota Department of Natural Resources, Minnesota Department of Agriculture, Minnesota Companion Bird Association, Nature artists from the area, Entertainment, Seedling Give -a -Way and Tree Sale, Advanced Hunter Education, Aveda ECO -Cooking, Environmentor Systems, Centennial Schools Environmental Groups, Recycle Minnesota Resources, Quad -City Recycle Booths, Anoka County Environmental Classroom, Friends of the Parks, Anoka County Master Gardeners, Local Garden Clubs, Nature walks by Wargo Nature Center Staff, Centennial Fire, and a Bicycle and other Recyclable Auction by Lino Lakes Police Dept, North American Waterfoul Association, Anoka County 4-H, Smokey Bear and Woodsey Owl, Trees for Life (Wichita Ks.), Local 4-H groups, School Nature Area (Rice Lake Elementary), Haircuts by Salon Cheveux ($10 Donation to Give to the Earth Foundation) 2:00 --Auction Earth Day can be celebrated every day by encouraging sound environmental practices, and by working with people in your neighborhood to keep your community a sound and safe place to live. If you have any special requests or need more information please call Marty Asleson or Jackie Constant at City Hall (464-5562), or Connie Baumann at 786-8877. Thank you again for showing your concern for our environment through your participation on April 22, 1995. Sincerely, Lino Lakes Earth Day Committee. Note* The Earthday ceremony will occur at 11:15 sharp. Please make a point to attend this short ceremony to be recognized and to give significance to this exercise in environmental appreciation. After the ceremony free tickets will be handed out to all participants that are signed up for a pool party at the Anoka Wave Pool sometime in August. April 22, 1995 Dear Earthday Volunteers Thank you for your interest in participating in this years Earth Day city clean-up and beautification efforts. We are excited about the response and are looking forward to a successful and fun day. This letter is to inform you of the day's schedule of events and things to take into consideration. Enclosed you will find the following information: Safety Guidelines Waivers of Liability - for adult participants Consent Waivers - to be filled out by a parent/guardian of minor A trail map - for those of you who are working along trails Note: If you are involved in a clean-up effort and discover bulky or hazardous objects please bring a note pad to describe location, so that city crews can follow-up. Also please notate the location of materials that are piled along a roadway. If you are planting flowers or interested in some other city beautification project, please call city hall to arrange for needed materials. Schedule of days events: 9:00 A.M. - Check in at Fire Station No.2, 7741 Lake Drive, Rice Lake Elementary, Centerville City Hall, or Lexington Fire Station. Turn in waivers, pick up trash bags and assigned area (if you don't already have one). It is not necessary for your entire group to be at check- in. You may meet at your area. 9:00 -11:00- (or until completed) -Project time. 11:15 Ceremony STAFF ORIGINATOR DATE TOPIC : ................... ; KGROO AGENDA ITEM 5A Marilyn Anderson, Clerk April 6, 1995 Consideration of Resolution No. 95 - 44 Determining that the Petition Titled, "Ordinance No. 01 - 95, Rezone of Clearwater Creek" is Insufficient At the previous Council meeting, the City Council took action to determine that three (3) petitions from a citizens group were insufficient. The petitions did not contain the required 292 signature to allow that they be placed before the residents on a ballot. The above referenced petition contains signatures of only 83 registered voters. Since 292 signatures are required to make the petition sufficient, I am requesting that the City Council adopt Resolution No. 95 - 44 declaring that the petition is insufficient and direct the City Clerk to deliver a copy of the petition to the sponsoring committee together with a written statement of its defects. .14 1. Adopt Resolution No. 95 - 44. 2. Return the matter to staff for further information. RECOMMENDATION Option No. 1 PETITION _FOR REFERRAL, OF CLEARWATER CREEK REZONING We the undersigned registered voters or the City of Lino Lakes request that Ordinance 01 - 95, -The Rezoning of Ciearvater. Creel:, be referred to the electorate for appproval or disapproval. i w - We the undersigned reoi stered voters are solely y re=5p_onsible for the c.i>rcj}iation of this petition. L `�� � �'-� %/ %f air�'t? � 1 • 1. _1•1 0 4.Gl 0 5. P C,,k4 i 1P 9- f ■ 9 9 - //o 5/Z6- ?9/&" sAA./ .5-3-7/0 </2-4 PROPERTY OWNER ADDRESS DATE �. 6 Q .Lizzik.2._ 6 ito.es u 11.66ss/l(_) 3)19/93 Soy z y�Lk - S� <,;_z-, 4_,44-f/ Ai // '3/ *Z "t , hk111J. L/ l dr_ A Vt 7;4( 1,4 kA-4417— �� ci�eSE (,<_A (..\=C(1;');-'i'C: 7/-1 ffIjklio lit (AC-12)(x , m'] 5{j � U MA' / 5 - i ) i �4 ct< -`\j" ifi/Oz.,_ _", --/i. f s L c• NNL Ii; f % ' ' - •�/yam �� - jM15 tfic �, 111-1j ( Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95 - 44 RESOLUTION DETERMINING THAT A PETITION TITLED "THE REZONE- OF CLEARWATER CREEK BE REFERRED TO THE ELECTORATE FOR APPROVAL OR DISAPPROVAL" IS INSUFFICIENT AND DIRECTING THE CLERK -TREASURER TO DELIVER A COPY OF THE PETITION, TOGETHER WITH A WRITTEN STATEMENT OF ITS DEFECT(S) TO THE SPONSORING COMMITTEE WHEREAS, a petition titled, "The Rezone of Clearwater Creek Be Referred to the Electorate for Approval or Disapproval" was submitted to the City Clerk -Treasurer on March 28, 1995, 12:10 P.M., and WHEREAS, the petition is asking that an ordinance titled "The Rezone of Clearwater Creek Be Referred to the Electorate for Approval or Disapproval" be placed on a City ballot so that the citizens of Lino Lakes can vote "aye" or "nay" on the ordinance, and WHEREAS, The Lino Lakes Home Rule Charter states in Section 5.03 Determination of Sufficiency, that the required number of signatures on the petition shall be defined as five percent (5%) of the number of registered voters at the time of the last regular municipal election, and WHEREAS, the number of registered voters in the 1993 Municipal Election was 5,824 which would require that at least 292 signatures of registered voters would be required to make the petition sufficient, and WHEREAS, the number NOW THEREFORE, BE IT of Lino Lakes hereby and of eligible signatures on this petition is 83, RESOLVED, that the City Council of the City determines that the petition is insufficient, BE IT FURTHER RESOLVED, that the City Clerk -Treasurer is hereby directed to deliver a copy of the petition, together with a written statement of its defects, to the sponsoring committee. Adopted by the Lino Lakes City Council this 10th day of April, 1995. Vernon F. Reinert, Mayor Marilyn G. Anderson, Clerk -Treasurer RESOLUTION NO. 95 - 44 Page -2- 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. STAFF ORIGINATOR DATE TOPIC G'. KGRO1 AGENDA ITEM NO. 5B Marilyn Anderson, Clerk -Treasurer April 7, 1995 Consideration of a Gambling License Request from the Dead Broke Saddle Club The Dead Broke Saddle Club submitted an application for a gambling license at the 49 Club. This request was considered by the City Council on March 13, 1995. The City Council denied the request because the Saddle Club did not meet the eligibility requirements. Although the Saddle Club had 15 or more members who lived in Lino Lakes, these members had not been members for six (6) months or more as required by the Lino Lakes Gambling Ordinance. The Dead Broke Saddle Club resubmitted their application for a gambling license and asked that the City Council approve the license effective August 1, 1995. The Lino Lakes members would then meet the eligibility. Mr. Hawkins has submitted a letter (see attached) indicating that according to the current Lino Lakes Gambling Ordinance, the Saddle Club cannot not submit an application for a gambling license until they meet the eligibility requirements of the Ordinance. Since the Saddle Club will not meet the eligibility requirements_ of the Gambling Ordinance until August, 1995, the City Council cannot consider an application until that date. Adopt a motion denying the application for a gambling license for the Dead Broke Saddle Club and direct the City Clerk to notify them that they may resubmit an application after August 1, 1995 when the Lino Lakes members of the Saddle Club will meet the six (6) month eligibility clause. ................. T11 Option No. 1 LG214 (7/29/91) Minnesota Lawful Gambling Premises Permit Application Part 1 of 2 FOR BOARD USE ONLY BASE # PP # FEE CHECK INITIALS DATE Renewal Organization base license number ,(3-o38or, Premises permit number New Organization.:.TiOT7�L..: Name of Organization Class of premises permit (check one) A ($400) Pull -tabs, tipboards, paddlewheels, raffles, bingo OB ($250) Pull -tabs, tipboards, paddlewheels, raffles n C ($200) Bingo only 11 D ($150) Raffles only Business Address of Organization - Street or P. 0 Box (Do not use the address of your gambling manager) ,C7/ 5z7/ City State Zip Code County 5:9 /747 JSoZS---- Name of chief executive officerfi(caann be your gambling manager) Title Bingo Occasions If applying for a class A or C permit, fill in days and beginning & ending hours of bingo occasions: No more than seven bingo occasions may be conducted by your organization per week. Day Beginning/Ending Hours Day Beginning/Ending Hours Day Beginning /Ending Hours Daytime phone number fG/Z) i�G V Daytime phone number (G/2) to to to If bingo will not be conducted, check here to reg willStreet Address(do not use a post office box number .::..�:.:•;:,•>:......,,,>.»„>::.::........................ Name of establish�jent where gambling be conducted < Sty 4' �. /, 'S //V 5---,5-0/V Is the premises located within city limits? l'Yes O No If no, is township f—I organized I--1 unorganized El unincorporated City and //County where gambling premises is located OR Township and County where gambling premises is located if outside of city limits Name and address of legal owner of premises City State • /1/c, c, 7 4 ‘ibb % /4caS Z , :t o !v c -c r t_j Does your organization own the building where the gambling will be conducted? If no, attach the following: • a copy of the lease (form LG202) with terms for at least one year. • a copy of a sketch of the floor plan with dimensions, showing what portion is being leased. A lease and sketch are not required for Class D applications. I--1 YES i>zi NO Zip Code ....................................................................... ....................... eq uipznen , ........................................... Address City State Zip code Minnesota Lawful Gambling Premise Permit Application - Part 2 of 2 Gambling Bank Account Informatzon Bank Name 4/ - Bank Account Number 36)/ Bank Address City State Zip Code %4W /`9if� �ur03v' ',...,...A!?1f►QFZ82O.Sr,Q{ITC�LS:'&t37C@;9p415%lSai7�1W1>fr�kVEiiS .;; +andzatfQR5: 5Utife: dY?apt hBiidle;QB►xiby1ui7 is::>;:::::::< ::::::::::::::::::::::::;; ::: <`:::::::;:::: Name Address Title yG (0 67 G/ ✓e - / /ice / F 2. it /4/4 ✓i.5 -02L5 " L, -7— z-z. . — I y�` ��� ✓• r(g Gambling Site Authorization I hereby consent that local law enforcement officers, the board or agents of the board, or the commissioner of revenue or public safety, or agents of the commissioners, may enter the premises to enforce the law. Bank Records Information The board is authorized to inspect the bank records of the gambling account whenever necessary to fulfill requirements of current gambling rules and law. Oath - I declare that: •I have read this application and all information submitted to the board is true, accurate and complete; -all other required information has been fully disclosed; officer •I am the chief executive officer of the organization; •I assume full responsibility for the fair and lawful opera- tion of all activities to be conducted; •! will familiarize myself with the laws of Minnesota governing lawful gambling and rules of the board and agree, if licensed, to abide by those laws and rules, including amendments to them; •any changes in application information will be submitted to the board and local unit of government within 10 days of the change; and •I understand that failure to provide required information or providing false or misleading information may result in the denial or revocation of the license. Date .................................................. nowledement<> 1. The city *must sign this application 11 the gambling prem- ises is located within city limits. 2. The county **AND township** must sign this application if the gambling premises is located within a township. 3. The local unit government (city or county) must pass a resolution specifically approving or denying this application. 4. A cony of the local unit of government's resolution ao- provina this aoolication must be attached to this application. 5. If this application is denied by the local unit of government, it should not be submitted to the Gambling Control Board. Township: By signature below, the township acknowledges that the organization is applying for a premises permit within township limits. City* or County** Township** City or County Name Township Name Signature of person receiving application Signature of person receiving application Title Date Received Title I Date Received Refer to the instructions for required attachments. Mail to: Gambling Control Board Rosewood Plaza South, 3rd Floor 1711 W. County Road B Roseville, MN 55113 LG214(Part 2) (Rev728'91) LG202 (08/26/94) Minnesota Lawful Gambling LEASE AGREEMENT Property OwnertLessor Information' Name of Legal Owner of Property Street Address City Zip Daytime Phone n)er4 r�S ,1 nir X 002 AAcc),-( ZL)la 4 sso/57 ((fg) g8'v 2 Street Address City / Zip Daytime Phone v- J /-(0 d S G47f:lJ ZAno-Lc 17' ° 2 ` VW l�cY� Name of Lessor (This may or may not be the same as the Legal Owner of the Property) Name of Leased Premises Street Address City Zip ,/ Daytime Phone ft 7 G /v '( Name of Lessee (Name of Organization Leasing the premises) 0e�� 1 Gambling Activity and Rent Information GCB License # of Organization Daytime Phone (G/2) Type of gambling activity that will be conducted at this gambling premises (Check all that apply to this gambling premises) CD Bingo ,affles VirPaddlewheels Pull -tabs n Tipboards Rent Information (See Rule 7861.0060, Subp 2D) Indicate the rents paid by your organization to the lessor. Class A and C premises permits pay rent per bingo occasion: Class B and D premises permits pay rent per month: Rent for bingo and all other gambling activities conducted Rent for forms of lawful gambling activity other than bingo during that bingo occasion may not exceed: may not exceed a maximum of 51000 per month. 5200 for up to 6,000 square feet; 5300 for up to 12,000 square feet, and 5400 for more than 12,000 square feet. Rent to be paid per bingo occasion $ Rent to be paid per month $ / Rent may not be based on a percentage of receipts from lawful gambling, or attendance at a bingo occasion . An organization may not pay rent to itself or to any of its affiliates for space used for the conduct of lawful gambling. Effective Date for Amended Lease Agreements / Please list the effective date on which the amendments to the original lease will take place. List dimensions of all areas leased by your organization for gambling activity on this premises: . / The leased areas are: 6 feet by 6 feet for a total of 1 square feet. feet by feet for a total of square feet. frit bv feet for a total of sauare feet. feet by feet for a total of square feet. Combined total 6 ! square footage Submit a sketch (drawing) of the gambling premises. This must show the location of your organizations leased areas for the conduct of lawful gambling including areas leased for storage of your gambling product on this gambling premises. Be sure to write the dimensions of the leased areas on the sketch. THE DLMENSIONS ON THE SKETCH MUST BE THE SAME AS ABOVE. Times and Days of Bingo Occasions (for Class A or C premises permits). If you checked bingo activity above, you must fill in the bingo days and times below. Circle a.m. or p.m. after each beginning and ending time. A bingo occasion must continue for at least 1-1/2 hours (90 minutes) but cannot exceed four (4) consecutive hours and at least 15 bingo games must be held at each occasion. An organization (as a whole) may not conduct more then seven (7) bingo occasions each week. Begins At: (a.m/p.m.) Ends At: (a.m./p.m.) On Day of Week Begins At: (a.m./p.m.) Ends At: (a.m./p.m.) On Day of Week Begins At: (a.m./p.m.) Ends At: (a.m./p.m.) On Day of Week Begins At: (a.m./p.m.) Ends At: (a.m./p.m.) On Day of Week Begins At: (a.m./p.m.) Ends At: (a.m./p.m.) On Day of Week Begins At: (a.m/p.m.) Ends At: (a.m./p.m.) On Day of Week Begins At: (a.m./p.m.) Ends At: (a.m./p.m.) On Day of Week By agreeing to the terms of this lease, it is mutually agreed that: LG202 (08n6/9a) *When leasing from a licensed bingo hall, the lessor must be legal owner of the property. •The owner of the property or the lessor may not manage gambling at the premises. 'The lessor of the premises, his or her immediate family, and any agents or employees of the lessee may not participate as players in the conduct of lawful gambling on the leased premises. *The lessor and the lessee do not have a direct or indirect financial interest in the distribution or manufacture of gambling equipment. 'The lessor of the premises will allow thc Board or agents of the Board,:theCommissioner of Public Safety or agents of the commissioner, or the Commissioner of Revenue or agents of the -commissioner, and law enforcement personnel to inspect the premises at any reasonable timc, and pemtit the organizationlo.ittinduct lawful gambling at the premises according to the terms of this lease. The lessor may not impose any conditions on the organization regarding distributors of gambling equipment, services, or the use of profits. •The organization must obtain an organization license, gambling manager license and a premises permit from the Gambling Control Board. The organization will be responsible for complying with the laws and rules of lawful gambling. •The term of the lease shall be concurrent with the premises permit. •The organization must have, at the gambling premises, a current inventory of gambling equipment, a sketch with dimensions of the premises available for review, and a clear physical separation or divider between the lessees gambling equipment and the lessor's business equipment. 'The organization will be responsible for ensuring that the lessors business activities are not conducted on thc leased premises. 'The lease shall be terminated immediately for any illegal gambling violations occurring on the premises. •The lessor of the premises shall provide the lessee access to the licensed premises during any time reasonable and necessary to conduct lawful gambling on the premises and as agreed upon in this lease. 'The lessor shall not modify, terminate or refuse to renew this lease in whole or in part because the organization reported to a state or local law enforcement authority or the Board the occurrence at the site of illegal gambling activity in which the organization did not participate. "(Write in any other conditions or restrictions that will be included as part of the lease. Attach additional sheets if necessary) a 47 \ior1 1 boo' n\-, Som OF- 06" \\ he £r,'c s' eIra4 „Se at'�� • c3S 1 ht e.plcamv-\ L, r\() -\CDA Ca CourK:i This lease is the total and only affeemenftetween the lessor and the organization conducting lawful gambling activities. There is no other agreement and no other consideration required between the parties as to the lawful gambling and other matters related to this lease. Any changes in this lease must be submitted to the Gambling Control Board within 10 days of the change. Signature of Lessor Date cii-,k,a,„;„f .. ,.. 5, A Signature of Organization Official (lessee) Date Z, YJ ,-_-------ey''2 3 Title of Lessor Signatory Title of Lessee Signatory 1'<c-(X��- G�:re-r ---...--"------- , se Ci -tot. ry f t°S Li �e--__ A copy of this lease and a sketch, with dimensions must be submitted with the premises permit application, premises permit application renewal or when any changes in the lease agreement occur. Pecsuanl to Mum. Stat. 13.04, Subd. 2 you are hereby informed that the infou ation requested on this fora will be used by the Gambling Control Board to determine your qualifications to be involved it kwful gambling activities in Minnesota and to assist the Gambling Control Board in conducting a background investigation of you You have the right to refine to supply the information requested However, if you refuse to supply this information, the Gambling Control Board may not be able to determine your qualifications and, as a consequence, may refuse to issue you • license. If you supply the information requested, the Gambling Control Board will be able to process your application. Upon receiving a kwful gambling license, an application data provided by you will become public data. Prior to receiving a license, the application Stimulation (with the exception of your tame and address which are public) is considered private data on individuals and will be available only to the following: Gambling Control Board members, staff of the Gambling Control Board whose work assist' anent requires es that they have access to the information, the Minnesota Departrmcnt of Public Safety, the Minnesota Attorney General, the Minnesota Coaunissione s of Administration, Fiance, and Revenue, the Mirwsoti.egi+tstive Auditor, rational and mtaratiaul gambling regulatory agenciea, pates to judicial proceedings pursuant to court order, other individuals or agencies that may be specifically authorized by state surae or federal kw to have access to such information, individuds and agencies for which kw oc legal order authorizes a new use or sharing of the information atter this Notice was given Hearing impaired individuals using a TDD may call the Minnesota Relay Service at 1-800-627-3529. This publication will be made available in alternative format (i.e. large print, braille) upon request. , APR -07-95 FRI 12:47 PAW OFFICES FX NO. 7842305 William G. Hawkins and Associates WILLIAM G. HAWKINS BARRY A. SULLIVAN April 7, 1995 a1 Assistants WENDY H. DEZELAR. JEAN[NE KUZM[CH Ms. Marilyn Anderson Lino Lakes City Hall 1189 Main Street Lino Lakes, MN 55014 Re: Gambling License Dear Marilyn: Suri 101 299COONRAPTDABLvo, COON RAMS, MIN EsoTA 5 3 PRONE (612) 754-2995 The following is my written opinion pursuant to your request concerning the application by the Dead Broke Saddle Club for an approval to conduct a gambling operation in the City of Lino Lakes at the 49 Club. Minnesota Statute § 349.213 specifically authorizes local government units to impose certain regulations upon gambling within the city_ The Lino Lakes ordinance regulating gambling is Chapter 611. Section 611.01 sets forth the specific criteria which an applicant must meet in order to be entitled to receive an approval from the city, Subpart (1) requires that the organization have at least fifteen members that are residents of the city. The ordinance defines member as an individual who must have been a member of the organization for at least six months. it is my understanding that the Dead Broke Saddle Club does not currently have fifteen members who have been members for at least six months and will not meet this requirement until August 1, 1995. The question becomes whether the club needs to be in compliance with the membership requirement of the ordinance at the time the approval by the city is requested. Under our ordinance, it is clear that the applicant must meet the requirements of the ordinance at the timt the application is b tted Sect' 1- 4.•a...p the C1 plpIfVP:l Li\.PI[ �a submitted. Section 611.01 provides, in part, as follows; "Any organization which purports to meet one of the conditions set forth above, shall verify in writing on its application which condition or conditions are being met."' (Emphasis supplied) APR --07---95 FR 112:43 LAW OFFICES Ms. Marilyn Anderson April 7, /995 Page 2 FAX NO, 784.305 P. Cl J The plain meaning of the ordinance makes it clear that the applicants must certify that they are meeting the requirements of the ordinance at the time the application is submitted_ An application which indicates that the applicant does not currently meet the requirements of the ordinance must be rejected. The ordinance does not allow for conditional approval by the city upon eligibility at a later date. I hope this answers your question. if you have any questions or comments regarding this opinion, please feel free to call. William G. Hawkins WGH:wbd STAFF ORIGINATOR Mary Kay Wyland DATE April 7, 1995 TOPIC Pineridge 3rd Addition - Final Plat The Preliminary Plat for the Pineridge 3rd Addition was approved by the City Council on July 25, 1994. Rough Grading is complete and the Development Agreement and Financial Guarantees are in order. The City Attorney has found the Title Work to be in order. The property is Zoned R -1X and contains 17 lots and two outlots. The Council may recall that the developer agreed to plat the two outlots pending a determination on the upgrading of the Ware Road lift station adjacent to Outlot A. In conclusion, Staff would recommend approval of the Final Plat for the Pineridge 3rd Addition. 1. Approve Final Plat for Pineridge 3rd Addition 2. Return to staff for further consideration Option 1 0 CITY OF LINO LAKI —N. Line of the SW1/4 of the NW1/4 of Sec. 32. T. 31, R. 22 1 S 89°27'33"E 657.02 40.00 40 15.00 0 123766- 89°27'18"E t.16 - S 89° 7'337-E361701 PARK '13226°09. L`6g05_ R=600 z/ n z \`c to 223.86 89°27'18"E 0N F1 -f 99.62 9Ui0I9 n o z 60 Om 0 E- Y2,1-7 N o 0 .5" 9°27'18"E COYOTE TRAIL 11500 117 05" 40 1 CC N 89°27'18" 115.00 474\4 \ Vo���� O O O �n 89°27 90.00 90.00 5 12 6 L__ 40.000 115.00 33 33 J 3 4 a1 90.00 117.07115.00 tz / i St.4P 90.00 657.617 N 89°27'18"W `S. Line of the WI/2 of +'e N i/2 of the SW1/4 of the NW1/4 of Sec. 32 T. 31, R. 22 DRAINAGE AND UTILITY EASEMENTS SHO/;N THUS: 10 I- 5 I 5 O 90.00 90.00 SCALE EXHIBIT B STAFF ORIGINATOR DATE TOPIC AGENDA ITEM 7 B Mary Kay Wyland April 7, 1995 SECOND READING Ordinance No. 04-95 Shoreland Management Ordinance NOTE: Please see Agenda Packet Material from. March 2 meeting. The Council their March meeting and Staff would submitted. 1995 approved the First Reading of Ordinance No. 04-95 at 27, 1995 meeting. The Ordinance was reviewed at that a subsequent Council Work Session. recommend adoption of the Ordinance No. 04-95 as 1. Adopt Second Reading of Ordinance No. 04-95 2. Return to staff for further consideration \_\ W ` cc. .e;1\- \i DRAFT Revised 1/5/95, 3/1/95, 3/24/95 CHAPTER 1102 SHORELAND MANAGEMENT OVERLAY ORDINANCE 1102.01 Statutory Authorization and Policy 1102.02 General Provisions 1102.03 Definitions 1102.04 Administration 1102.05 Shoreland Overlay District 1102.06 Shoreland Overlay District Uses 1102.07 Zoning and Water Supply/Sanitary Provisions 1102.08 Nonconformities 1102.09 Shoreland Alterations 1102.10 Special Provisions for Commercial, Industrial, Public/Semipublic, Agricultural, Forestry and Extractive Uses and Mining of Metallic Minerals and Peat 1102.11 Water Supply and Sewage Treatment 1102.12 Subdivision/Platting Provisions 1102.13 Planned Development Overlays (PDOS) 1102.01 Statutory Authorization and Policy Subdivision 1. Statutory Authorization. Local government units are required to adopt shoreland management ordinances in Minnesota Statutes 103F.201 to 103F.221. This Shoreland Overlay District Ordinance is adopted pursuant to these authorizations and policies and the planning and zoning enabling legislation in Minnesota Statutes, Chapter 462. Subd. 2. Policies. The uncontrolled use of shorelands of the City of Lino Lakes, Minnesota affects the public health, safety and general welfare not only by contributing to pollution of public waters, but also by impairing the local tax base. Therefore, it is in the best interests of the public health, safety and welfare to provide for the wise subdivision, use and development of shorelands of public waters. The Legislature of Minnesota has delegated responsibility to local governments of the state to regulate the subdivision, use and development of shorelands of public waters and thus preserve and enhance the quality of surface waters, conserve the economic and natural environmental values of shorelands, and provide for the wise use of waters and related land resources. The responsibility for the management of shoreland areas is hereby recognized by the City of Lino Lakes, Minnesota. 1102.02 General Provisions Subdivision 1. Jurisdiction. The provisions of this ordinance shall apply to the shorelands of the public water bodies as classified in 1102.05 of this ordinance and as shown on the Official Zoning Map of the City of Lino Lakes as being located within the Shoreland Overlay District. A body of water created by a private user where there was no previous shoreland may, at the discretion of the City, be exempt from this ordinance. Page 1 DRAFT Revised 1/5/95, 3/1/95, 3/24/95 Subd. 2. Compliance. The use of any shoreland of public waters; the size and shape of lots; the use, size, type and locations of structures on lots; the installation and maintenance of water supply and waste treatment systems; the grading and filling of any shoreland area; the cutting of shoreland vegetation; and the subdivision of land shall be in full compliance with the terms of this ordinance and other applicable regulations. Subd. 3 Enforcement. The Zoning Administrator is responsible for the administration and enforcement of this ordinance. Any violation of the provisions of this ordinance or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional uses) shall constitute a misdemeanor and shall be punishable as defined by law. Violations of this ordinance can occur regardless of whether or not a permit is required for a regulated activity pursuant to 1102.04, Subd. 1 of this ordinance. Subd. 4. Interpretation. In their interpretation and application, the provisions of this ordinance shall be held to be minimum requirements and shall be liberally construed in favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by State Statutes. The approximate boundaries of the Shoreland Overlay District are indicated on the Official Zoning Map of the City of Lino Lakes, and attachments thereto. Exact determination of the boundaries will be made by the Minnesota Department of Natural Resources, Division of Waters. Subd. 5. Severability. If any section, clause, provision, or portion of this ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby. Subd. 6. Abrogation and Greater Restrictions. It is not intended by this ordinance to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. Where the conditions imposed by any provision of this ordinance are either more restrictive or less restrictive than comparable conditions imposed by any other law, ordinance, statute, resolution, or regulation of any kind, the regulations which are more restrictive, or which impose higher standards or requirements shall prevail All other ordinances inconsistent with this ordinance are hereby repealed to the extent of the inconsistency only. 1102.03 Definitions. Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this ordinance its most reasonable application. For the purpose of this ordinance, the words "must" and "shall" are mandatory and not permissive. All distances, unless otherwise specified, shall be measured horizontally. Subdivision 1. Accessory structure or facility. "Accessory structure" or "facility" means any building or improvement subordinate to a principal use which, because of the nature of its use, can reasonable be located at or greater than normal structure setbacks. Subd. 2. Bluff. "Bluff" means a topographic feature such as a hill, cliff, or embankment having the following characteristics (an area with an average slope of less than 18 percent over Page 2 DRAFT Revised 1/5/95, 3/1/95, 3/24/95 a distance for 50 feet or more shall not be considered part of the bluff): A. Part of all of the feature is located in a shoreland area; B. The slope rises at least 25 feet above the ordinary high water level of the waterbody; C. The grade of the slope from the toe of the bluff to a point 25 feet or more above the ordinary high water level averages 30 percent or greater; and D. The slope must drain toward the waterbody. Subd. 3. Bluff impact zone. "Bluff impact zone" means a bluff and land located within 20 feet from the top of a bluff. Subd. 4. Boathouse. "Boathouse" means an accessory structure designed and used solely for the storage of boats and boating equipment. Subd. 5. Building line. "Building line" means a line parallel to a lot line or the ordinary high water level at the required setback beyond which a structure may not extend. Subd. 6. Clear Cutting. "Clear cutting" means the removal of an entire stand of trees. Subd. 7. Resort planned development overlay. "Resort planned development overlays" are typically uses that provide transient, short-term lodging spaces, rooms, or parcels and their operations are essentially service-oriented. For example, hotel/motel accommodations, resorts, recreational vehicle and camping parks, and other primarily service-oriented activities are resort planned unit developments. Subd. 8. Commercial use. "Commercial use" means the principal use of land or buildings for the sale, lease, rental, or trade of products, goods, and services. Subd. 9. Commissioner. "Commissioner" means the commissioner of the Department of Natural Resources. Subd. 10. Conditional use. "Conditional use" means a land use or development as defined by ordinance that would not be appropriate generally but may be allowed with appropriate restrictions as provided by official controls upon a finding that certain conditions as detailed in the official zoning ordinance exist, the use or development conforms to the comprehensive land use plan of the community, and the use is compatible with the existing neighborhood. Subd. 11. Deck. "Deck" means a horizontal, unenclosed platform with or without attached railings, seats, trellises, or other features, attached or functionally related to a principal use or site and at any point extending more than three feet above the ground. Subd. 12. Dwelling site. "Dwelling site" means a designated location for residential use Page 3 DRAFT Revised 1/5/95, 3/1/95, 3/24/95 by one or more persons using temporary or movable shelter, including camping and recreational vehicle sites. Subd. 13. Dwelling unit. "Dwelling unit" means any structure or portion of a structure or other shelter designed as short- or long-term living quarters for one or more persons, including rental or timeshare accommodations such as motel, hotel, and resort rooms and cabins. Subd. 14. Extractive use. "Extractive use" means the use of land for surface or subsurface removal of sand, gravel, rock, industrial minerals, other nonmetallic minerals, and peat not regulated under Minnesota Statutes, sections 9.44 to 9.51. Subd. 15. Forest land conversion. "Forest land conversion" means the clear cutting of forested land to prepare for a new land use other than reestablishment of a subsequent forest stand. Subd. 16. Hardship. "Hardship" means the property in question cannot be put to reasonable use under the conditions allowed by the official controls; the plight of the landowner is due to circumstances unique to his property, not created by the landowner; and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute a hardship if a reasonable use for the property exists under terms of the official controls. Subd. 17. Height of building. "Height of building" means the vertical distance between the highest adjoining ground level at the building or ten feet above the lowest ground level, whichever is lower, and the highest point of a flat roof or average height of the highest gable of a pitch or hipped roof. Subd. 18. Industrial use. "Industrial use" means the use of land or buildings for the production, manufacture, warehousing, storage, or transfer of goods, products, commodities, or other wholesale items. Subd. 19. Intensive vegetation clearing. "Intensive vegetation clearing" means the complete removal of trees or shrubs in a contiguous patch, strip, row, or block. Subd. 20. Lot. "Lot" means a designated parcel, tract or area of land established by plat, subdivision, or as otherwise permitted by law, to be used developed or built upon as a unit. Subd. 21. Lot width. "Lot width" means the shortest distance between lot lines measured at the midpoint of the building line. Subd. 22. Nonconforming Use. "Nonconforming use" means any legal use, structure or parcel of land already in existence, recorded, or authorized before the adoption of official controls or amendments thereto that would not have been permitted to become established under the terms of the official controls as now written, if the official controls had been in effect prior to the date it was established, recorded or authorized. Page 4 DRAFT Revised 1/5/95, 3/1/95, 3/24/95 Subd. 23. Open Space. Undeveloped land of the subdivided property providing visual expanses and recreational areas clear of obstructions other than natural vegetation, or structures directly related to the use and enjoyment of these spaces. Open spaces may include natural habitats, places for neighborhood recreation, and pedestrian corridors. Subd. 24. Ordinary high water level. "Ordinary high water level" means the boundary of public waters and wetlands, and shall be an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. Subd. 25. Planned development overlay. "Planned development overlay" means a type of development characterized by a unified site design for a number of dwelling units or dwelling sites on a parcel, whether for sale, rent, or lease, and also usually involving clustering of these units or sites to provide areas of common open space, density increase, and a mix of structure types and land uses. These developments may be organized and operated as condominiums, time-share condominiums, cooperatives, full fee ownership, commercial enterprises, or any combination of these, or cluster subdivisions of dwelling units, residential condominiums, townhouses, apartment buildings, campgrounds, recreational vehicle parks, resorts, hotels, motels, and conversions of structures and land uses to these uses. Subd. 26. Public waters. "Public waters" means any waters as defined in Minnesota Statutes, section 105.37, subdivisions 14 and 15. Subd. 27. Residential planned development overlay. "Residential planned development overlay" means a use where the nature of residency is nontransient and the major or primary focus of the development is not service-oriented. For example, residential apartments, manufactured home parks, time-share condominiums, townhouses, cooperatives, and full fee ownership residences would be considered as residential planned development overlays. To qualify as a residential planned development overlay, a development must contain at least five dwelling units or sites. Subd. 28. Semipublic use. "Semipublic use" means the use of land by a private, nonprofit organization to provide a public service that is ordinarily open to some persons outside the regular constituency of the organization. Subd. 29. Sensitive resource management. "Sensitive resource management" means the preservation and management of areas unsuitable for development in their natural state due to constraints such as shallow soils over groundwater or bedrock, highly erosive or expansive soils, steep slopes, susceptibility to flooding, or occurrence of flora or fauna in need of special protection. Subd. 30. Setback. "Setback" means the minimum horizontal distance between a structure, sewage treatment system, or other facility and an ordinary high water level, sewage treatment system, road, highway, property line, or other facility. Page 5 DRAFT Revised 1/5/95, 3/1/95, 3/24/95 Subd. 31. Sewage treatment system. "Sewage treatment system" means a septic tank and soil absorption system or other individual or cluster type sewage treatment system as described and regulated in Section 1102.11 of this ordinance. Subd. 32. Sewer system. "Sewer system" means pipelines or conduits, pumping stations, and force main, and all other construction, devices, appliances, or appurtenances used for conducting sewage or industrial waste or other wastes to a point of ultimate disposal. Subd. 33. Shore impact zone. "Shore impact zone" means land located between the ordinary high water level of a public water and a line parallel to it at a setback of 50 percent of the structure setback. Subd. 34. Shoreland. "Shoreland" means land located within 1,000 feet from the ordinary high water level of the lakes and land located within 300 feet from the streams classified in Section 1102.05 or the landward extent of a floodplain designated by ordinance on a river or stream, whichever is greater. The limits of shorelands may be reduced whenever the waters involved are bounded by topographic divides which extend landward from the waters for lesser distances and when approved by the Comissioner. Subd. 35. Significant historic site. "Significant historic site" means any archaeological site, standing structure, or other property that meets the criteria for eligibility to the National Register of Historic Places or is listed in the State Register of Historic Sites, or is determined to be an unplatted cemetery that falls under the provisions of Minnesota Statutes, Section 307.08. An historic site meets these criteria if it is presently listed on either register or if it is determined to meet the qualifications for listing after review by the Minnesota state archaeologist or the director of the Minnesota Historical Society. All unplatted cemeteries are automatically considered to be significant historic sites. Subd. 36. Steep slope. "Steep slope" means land where development is either not recommended or described as poorly suited due to slope steepness and the site's soil characteristics as mapped and described in available county soil surveys or other reports, unless appropriate design and construction techniques and farming practices are used in accordance with the provisions of this ordinance. Where specific information is not available, steep slopes are lands having average slopes over 12 percent, as measured over horizontal distances of 50 feet or more that are not bluffs. Subd. 37. Structure. "Structure" means any building or appurtenance, including decks,; mobile homes, docks and boat launches, except aerial or underground utility lines, such as sewer, electric, telephone, telegraph, gas lines, towers, poles, and other supporting facilities. Subd. 38. Subdivision. "Subdivision" means land that is divided for the purpose of sale, rent, or lease, including planned developments overlays. Subd. 39. Surface water -oriented commercial use. "Surface water -oriented commercial use" means the use of land for commercial purposes, where access to and use of a surface water Page 6 DRAFT Revised 1/5/95, 3/1/95, 3/24/95 feature is an integral part of the normal conductance of business. Marinas, resorts, and restaurants with transient docking facilities are examples of such use. Subd. 40. Water -oriented accessory structure or facility. "Water -oriented accessory structure or facility" means a small, above ground building or other improvement, except stairways, fences, docks, and retaining walls, which, because of the relationship of its use to a surface water feature, reasonable needs to be located closer to public waters than the normal structure setback. Examples of such structures and facilities include boathouses, gazebos, screen houses, fish houses, pump houses, and detached decks. 1102.04 Administration. Subdivision 1. Permits Required A. Permit Required. A building permit is required for the construction of buildings or building additions (including such related activities as construction of decks and signs), the installation and/or alteration of sewage treatment systems, and a grading permit for those grading and filling activities not exempted by Section 1102.09 of this ordinance. Application for a permit shall be made to the Zoning Administrator on forms provided. The application shall include the necessary information so that the Zoning Administrator can determine the site's suitability for the intended use and that a compliant sewage treatment system will be provided. B. A building permit authorizing an addition to an existing structure shall stipulate that an identified nonconforming sewage treatment system, as defined in Section 1102.11, shall be reconstructed or replaced in accordance with the provisions of this ordinance. Subd. 2. Certificate of Zoning Compliance. The Zoning Administrator shall issue a certificate of zoning compliance for each activity requiring a permit as specified in 1102.04, Subd. 1 of this ordinance. This certificate will specify that the use of land conforms to the requirements of this ordinance. Any use, arrangement, or construction at variance with that authorized by permit shall be deemed a violation of this ordinance and shall be punishable as provided in 1102.02, Subd. 3 of this ordinance. 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. Page 7 DRAFT Revised 1/5/95, 3/1/95, 3/24/95 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. 1102.05 Shoreland Overlay District Subdivision 1. Establishment of Shoreland Overlay District. The public waters of the City of Lino Lakes have been classified consistent with the criteria found in Minnesota Regulations, Part 6120.3300. The Shoreland Overlay District for the waterbodies listed below is that land within 1,000 feet of the ordinary high water level of the lakes, and 300 feet from a river or stream as shown on the Official Zoning Map. A. Natural Environment Lakes Protected Water Inventory I.D.# Unnamed 2-1 Peltier Lake 2-4 George Watch Lake 2-5 Marshan Lake 2-7 Rice Lake 2-8 Wards Lake 2-10 Sherman Lake 2-11 Cedar Lake 2-12 Page 8 DRAFT Revised 1/5/95, 3/1/95, 3/24/95 Amelia Lake 2-14 Rondeau Lake 2-15 Wilkinson Lake 62-43 Protected Water B. Recreational Development Lakes Inventory I.D.# Otter Lake 2-3 Centerville Lake 2-6 Reshanau Lake 2-9 Baldwin Lake 2-13 Protected Water C. General Development Lake Inventory I.D.# Bald Eagle Lake 62-2 Protected Watercourse D. Tributary Rivers and Streams Legal Description Rice Creek From Basin 740 to Basin 13 Hardwood Creek From T31N, R22W, Sect. 12 to Basin 4 Subd. 2. Establishment of Official Zoning Map. The Official Zoning Map, together with all materials attached thereto is hereby adopted by reference and declared to be a part of this ordinance. The attached material shall include the Protected Waters Inventory Map for Anoka County. The Official Zoning Map shall be on file in the Office of the Zoning Administrator. Subd. 3. Land Use District Descriptions. A. Criteria for Designation. The land use districts in B below and the delineation of a land use district's boundaries on the Official Zoning Map, must be consistent with the goals, policies, and objectives of the comprehensive land use plan. B. Land Use District Descriptions. The land use districts and the allowable land uses therein for the given classifications of waterbodies, shall be properly delineated on the Official Zoning Map for the shorelands of the City of Lino Lakes. The designated land use districts shall be in conformance with the criteria specified in Minnesota Regulation, Part 6120.3200, Subp. 3. 1102.06 Shoreland Overlay District Uses Subdivision 1. Permitted Uses. The permitted uses in the Shoreland Overlay District are those uses allowed and regulated by the applicable underlying zoning district as indicated on the Page 9 DRAFT 1 Revised 1/5/95, 3/1/95, 3/24/95 Official Zoning Map of the City of Lino Lakes. Subd. 2. Conditional Uses. A. The conditional uses in the Shoreland Overlay District are those uses allowed and regulated on a conditional basis by the applicable underlying zoning district as indicated on the Official Zoning Map of the City of Lino Lakes. B. Boathouses. C. Evaluation Criteria. A thorough evaluation of the waterbody and the topographic, vegetation and soils conditions on the site must be made to ensure: 1. the prevention of soil erosion or other possible pollution of public waters, both during and after construction in accordance with Chapter 1101 and 1105 of the City Code; 2. the visibility of structures and other facilities as viewed from public waters is limited; 3. the site is adequate for water supply and on-site sewage treatment; and 4. the types, uses and numbers of watercraft that the project will generate are compatible in relation to the suitability of public waters to safely accommodate these watercraft. D. Conditions attached to conditional use permits. The City of Lino Lakes, upon consideration of the criteria listed above and the purposes of this ordinance, shall attach such conditions to the issuance of the conditional use permits as it deems necessary to fulfill the purposes of this ordinance and Section 5, Subd. 5 of the City Zoning Ordinance. Such conditions may include, but are not limited to, the following: 1. increased setbacks from the ordinary high water level; 2 limitations on the natural vegetation to be removed or the requirement that additional vegetation be planted; and 3. special provisions for the location, design, and use of structures, watercraft launching and docking areas, and vehicle parking areas. E. The City Council shall hear and decide applications for conditional uses permissible under this ordinance in accordance with Conditional Use Permit approval process of the City Code. Subd. 3. Permitted Accessory Uses. Page 10 DRAFT Revised 1/5/95, 3/1/95, 3/24/95 A. The permitted accessory uses in the Shoreland Overlay District are those uses allowed and regulated as accessory uses by the applicable underlying zoning district as indicated on the Official Zoning Map of the City of Lino Lakes. B. Water -oriented accessory structures are permitted when constructed in accordance with the design criteria of Section 1102.07, Subd. 2B. C. Dock and boat launches are permitted provided they are constructed on the same lot as the principal structure. Subd. 4. Prohibited Uses. Any uses which are not permitted or conditional uses as regulated by the applicable underlying zoning district as indicated on the Official Zoning Map are not permitted. 1102.07 Zoning and Water Supply/Sanitary Provisions Subdivision 1. Lot Area and Width Standards. The following standards shall apply to all lots within the Shoreland Overlay District provided that the resulting total development density in the shoreland area does not exceed the total City-wide shoreland density allowed based on State of Minnesota shoreland standards. The City, in its evaluation of any development, shall evaluate the proposed development in light of the development capacity of the City-wide Shoreland Overlay District. Where the requirements of the underlying zoning district are more or less restrictive than those set forth herein, the more restrictive standards shall apply. A. Residential (R-1, R -1X, R-2, R-3, R-4) Zoning Districts. 1. Lot Area Per Unit a. Unsewered* NE RD GD 10 acres 10 acres 10 acres 10 Acres b. Sewered Abutting Single Family 20,000 20,000 20,000 Two Family/ Duplex 8,775 8,775 8,775 Triplex/Quad/ Townhome 6,000 6,000 6,000 c. Sewer Non -Abutting Single Family 10,800 10,800 10,800 Two Family/ Duplex 8,775 8,775 8,775 Triplex/Quad/ Townhome 5,000 5,000 5,000 2. Lot Width/Base Lot*** Page 11 ** ** DRAFT Revised 1/5/95, 3/1/95, 3/24/95 a. Unsewered* 330 330 330 330 b. Sewered Abutting Single Family 80 80 80 80 Two Family/ Duplex 130 130 130 130 Triplex/Quad/ Townhome 130 130 130 130 c. Sewered Non -Abutting Single Family 80 80 80 130 Two Family/ Duplex 130 130 130 130 Triplex/Quad/ Townhome 130 130 130 130 B. Commercial and Industrial (NB, LB, GB, CB, SC, LI, GI) Zoning Districts. 1. Lot Area a. Unsewered NE RD GD T 1 acre 1 acre 1 acre 1 acre b. Sewered Abutting Commercial 1 acre 1 acre 1 acre Industrial 1 acre 1 acre 1 acre c. Sewered Non -Abutting Commercial ** Industrial 1 acre 2. Lot Widths*** ** 1 acre ** 1 acre 1 acre a. Unsewered Commercial 100 100 100 100 Industrial 150 150 150 150 b. Sewered Abutting Commercial 100 100 100 100 Industrial 150 150 150 150 c. Sewered Non -Abutting Commercial ** ** ** ** Industrial 150 150 150 150 Page 12 DRAFT Revised 1/5/95, 3/1/95, 3/24/95 * Lot size requirement in unsewered area are delineated in Section 4, Subdivision 17 and Section 6, Subdivisions 2 and 3. ** Lot area and width requirements along rivers in sewered areas and commercial zoning districts in sewered areas will be delineated by the standards of the base zoning districts. *** Lot widths shall be measured at both the front building setback line and at the setback from the ordinary high water level. C. Additional Special Provisions. 1. Only land above the ordinary high water level of public waters and outside existing watercourses can be used to meet the lot area standards. 2. The shoreland lot width standards must be met at both the ordinary high water level and the building setback line. 3. All single family, two family, triplex, quadraminium, townhouse, commercial and industrial subdivisions must provide a grading and drainage plan for review and approval of the City Engineer and Rice Creek Watershed District. The grading and drainage plan shall include: a. Compliance for the impervious surface standards of the respective zoning district. b. The subdivision or lot development shall provide for the collection and treatment of storm water in compliance with the Lino Lakes local Storm Water Management Plan if determined that the site improvements will result in increased runoff directly entering a public water. All grading and drainage plans shall require review and approval by the City Engineer and the Rice Creek Watershed District. c. Measures to be taken for the treatment of storm water runoff and/or prevention of storm water from directly entering a public water. The measures may include, but not be limited to the following: 1. Appurtenances as sedimentation basins, debris basins, desilting basins or silt traps. 2. Installation' of debris guards and microsilt basins on storm sewer inlets. 3. Use where necessary, oil skimming devices or sump catch basins. 4. Direct drainage away from the lake and into pervious, grassed, yards through site grading, use of gutters and downspouts. Page 13 Revised 1/5/95, 3/1/95, 3/24/95 5. Construct sidewalks and driveways of partially pervious raised materials such as decking which has natural earth or other previous material beneath or between the planking. 6. Use grading and construction techniques which encourage rapid infiltration, e.g. sand and gravel under impervious materials with adjacent infiltration swales graded to lead into them. 7. Install berms, water bars, or terraces which temporarily detain water before dispersing it into pervious area. 4. Impervious surface coverage of lots must not exceed the following percentages of lot area: NE RD GD R Single Family Residential 30% 30% 30% 30% Two Family/Duplex 30% 30% 30% 30% Triplex/Quad/Townhomes 35 % 35 % 35 % 35 % Commercial/Industrial 60% 60% 60% 60% 5. Medium density residential,commercial, and industrial structures, parking areas, and other facilities shall be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks, or color, assuming summer, leaf -on conditions. Vegetative and topographic screening shall be preserved, if existing, or may be required to be provided. 6. Accessory structures and facilities shall meet the required principal structure setback and shall be centralized. 7. Multiple family developments shall contain open space meeting the following criteria: a. At least thirty-five (35) percent of the total development area shall be preserved as open space. b. Dwelling units or sites, land covered by road surfaces, parking areas, or structures are developed areas and shall not be included in the computation of minimum open space. c. Open space shall include areas with physical characteristics unsuitable for development in their natural state, and areas containing significant historic sites or unplatted cemeteries. d. The shore impact zone, based on normal structure setbacks, shall be included as open space. At least fifty (50) percent of the shore impact zone area of existing developments or at least seventy (70) percent of the shore impact Page 14 DRAFT Revised 115/95, 3/1/95, 3/24/95 zone area of new developments shall be preserved in its natural or existing state. S. Residential subdivisions exceeding those permitted by the lot area standards of Section 1102.07 can only be allowed if designed and approved as a residential planned unit development under Section 1102.13 of this Ordinance. Subd. 2. Placement, Design, and Height of Structures. A. Placement of Structures on Lots. When more than one setback applies to a site, structures and facilities must be located to meet all setbacks. Where structures exist on the adjoining lots on both sides of a proposed building site, structure setbacks may be altered without a variance to conform to the adjoining setbacks from the ordinary high water level, provided the proposed building site is not located in a shore impact zone. Structures shall be located as follows. 1. Structure and On-site Sewage System Setbacks (in feet) from Ordinary High Water Level. Sewage Classes of Structures Treatment Public Waters Unsewered Sewered System Lakes Natural Environment 150 150 150 Recreational Development 100 75 75 General Development 75 50 50 Rivers and Streams 100 50 75 One water -oriented accessory structure exclusive of one dock and lake access per individual lot, designed in accordance with Section 1102.07, Subd. 2B of this ordinance may be set back a minimum distance of ten (10) feet from the ordinary high water level. 2. Additional Structure Setbacks. The following additional structure setbacks apply, regardless of the classification of the water body: Setback From: Setback (in feet) a. top of bluff 30 b. unplatted cemetery; 50 c. right-of-way line of federal, state, 40 or county highway; and d. right-of-way line of a town road, 30 Page 15 DRAFT Revised 1/5/95, 3/1/95, 3/24/95 public street or other roads or streets not classified. 3. Uses Without Water -oriented Needs. Uses without water -oriented needs must be substantially screened from view from the water by vegetation or topography, assuming summer, leaf -on conditions. 4. Exceptions to Structure Setback Requirements. a. Accessory structures may be located in the front yard of Lakeshore properties upon approval of a riparian lot variance. B. Design Criteria for Structures. 1. High Water Elevations. a. Structures must be placed with the lowest floor three feet above the (OHW) Ordinary High Water Level in accordance with the Local Water Management Plan for the City of Lino Lakes. b. Water -oriented structures may have the lowest floor placed lower than the elevation determined in the Local Water Management Plan if the structure is constructed of flood -resistant materials to the elevation, electrical and mechanical equipment is placed above the elevation and, if long duration flooding is anticipated, the structure is built to withstand ice action and wind - driven waves and debris. 2. Water -oriented Accessory Structures. Each lot may have one water -oriented accessory structure not meeting the normal structure setback in 1102.07, Subd. 2A of this ordinance if this water -oriented structure complies with the following provisions: a. the structure or facility must not exceed ten feet in height, exclusive of safety rails, and cannot occupy an area greater than 250 square feet. Detached decks must not exceed eight feet above grade at any point; b. the setback of the structure or facility from the ordinary high water level must be at least ten (10) feet; c. the structure or facility must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks or color, assuming summer, leaf -on conditions; d. the roof may be used as a deck with safety rails, but must not be enclosed or used as a storage area; Page 16 DRAFT Revised 1/5/95, 3/1/95, 3/24/95 e. the structure or facility must not be designed or used for human habitation and must not contain water supply or sewage treatment facilities; and f. within the shoreland areas of general development and recreational development waterbodies, water -oriented accessory structures used solely for watercraft storage, and including storage or related boating and water -oriented sporting equipment, may occupy an area up to 400 square feet provided the maximum width of the structure is 20 feet as measured parallel to the configuration of the shoreline. 3. Stairways, Lifts, and Landings. Stairways and lifts are the preferred alternative to major topographic alterations for achieving access up and down steep slopes to shore areas. Stairways and lifts must meet the following design requirements: a. stairways and lifts must not exceed four feet in width on residential lots. Wider stairways may be used for commercial properties, public open -space recreational properties and planned development overlays; b. landings for stairways and lifts on residential lots must not exceed 32 square feet in area. Landings larger than 32 square feet may be used for commercial properties, public open -space recreational properties and planned development overlays; c. canopies or roofs are not allowed on stairways, lifts, or landings; d. stairways, lifts, and landings may be either constructed above the ground on posts or pilings, or placed into the ground, provided they are designed and built in a manner that ensures control of soil erosion; e. stairways, lifts, and landings must be located in the most visually inconspicuous portions of lots, as viewed from the surface of the public water assuming summer, leaf -on conditions, whenever practical; and f. facilities such as ramps, lifts, mobility paths for physically handicapped persons are also allowed for achieving access to shore areas, provided that the dimensional and performance standards of subitems (1) to (5) or complied with in addition to the requirements of Minnesota Regulations, Chapter 1340. 4. Significant Historic Sites. No structure may be placed on a significant historic site in a manner that affects the values of the site unless adequate information about the site has been removed and documented in a public repository. 5. Steep Slopes. The Zoning Administrator must evaluate possible soil erosion impacts and development visibility from public waters before issuing a permit for construction of sewage treatment systems, roads, driveways, structures, or other improvements on steep slopes. When determined necessary, conditions must be Page 17 DRAFT Revised 1/5/95, 3/1/95, 3/24/95 attached to issued permits to prevent erosion and to preserve existing vegetation screening of structures, vehicles, and other facilities as viewed from the surface of public waters, assuming summer, leaf -on vegetation. C. Height of Structures. All structures shall not exceed 36' in height, except churches and nonresidential agricultural structures. 1102.08 Nonconformities. All legally established nonconformities as of the date of this ordinance may continue, but they will be managed according to applicable state statutes and other regulations of the City of Lino Lakes for the subjects of alterations and additions, repair after damage, discontinuance of use, and intensification of use; except that the following standards will also apply in the Shoreland Overlay District. Subdivision 1. Construction on nonconforming lots of record. A. Lots of record in the Office of the County Recorder prior to the date of enactment of this ordinance which do not meet the requirements of 1102.07, Subd. 1 may be allowed as building sites without variances from lot size requirements provided: 1. such use is permitted in the underlying zoning district, 2. the lot is and has been in separate ownership from abutting lands at all times since it became substandard, 3. the lot was created compliant with official controls in effect at the time, 4. all other dimensional requirements are complied with insofar as practical, and 5. sewage treatment and setback requirements of this ordinance are met. B. A variance from setback requirements must be obtained before any use or building permit is issued for a lot. In evaluating the variance, the City Council shall consider sewage treatment and water supply capabilities or constraints of the lot and shall deny the variance if adequate facilities cannot be provided. C. If, in a group of two or more contiguous lots under the same ownership, any individual lot does not meet the requirements of Section 1102.07, Subd. 1 of this ordinance the lot must not be considered as a separate parcel of land for the purposes of sale or development. The lot must be combined with the one or more contiguous lots so they equal one or more parcels of land, each meeting the requirements of Section 1102.07 of this ordinance as much as possible. Subd. 2. Additions/expansions to nonconforming structures. A. All additions or expansions to the outside dimensions of an existing nonconforming structure must meet the setback, height, and other requirements of this ordinance. Any Page 18 DRAFT Revised 1/5/95, 3/1/95, 3/24/95 deviation from these requirements must be authorized by a variance pursuant to 1102.04, Subd. 3. B. Deck additions may be allowed without a variance to a structure not meeting the required setback from the ordinary high water level if all of the following criteria and standards are met: 1. the structure existed on the date the structure setbacks were established; 2. a thorough evaluation of the property and structure reveals no reasonable location for a deck meeting or exceeding the existing ordinary high water level setback of the structure; 3. the deck encroachment toward the ordinary high water level does not exceed 15 percent of the existing setback of the structure from the ordinary high water level or does not encroach closer than 30 feet, whichever is more restrictive; and 4. the deck is constructed primarily of wood, and is not roofed or screened. Subd. 3. Nonconforming sewage treatment systems. A. A sewage treatment system not meeting the requirements of Section 1102.11 of this ordinance must be upgraded, at a minimum, at any time a permit or variance of any type is required for any improvement on, or use of, the property. For the purposes of this provision, a sewage treatment system shall not be considered nonconforming if the only deficiency is the sewage treatment system's improper setback from the ordinary high water level. B. The governing body of the City of Lino Lakes has by formal resolution notified the commissioner of its program to identify nonconforming sewage treatment systems. The City of Lino Lakes will require upgrading or replacement of any nonconforming system identified by this program within a reasonable period of time which will not exceed 2 years. Sewage systems installed according to all applicable local shoreland management standards adopted under Minnesota Statues, section 103F.211, in effect at the time of installation may be considered as conforming unless they are determined to be failing, except that systems using cesspools, leaching pits, seepage pits, or other deep disposal method, or systems with less soils treatment area separation above groundwater than required by the Minnesota Pollution Control Agency's Chapter 7080 for design of on-site sewage treatment systems shall be considered nonconforming. 1102.09 Shoreland Alterations. Alterations of vegetation and topography in the Shoreland Overlay District will be regulated to prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping, and protect fish and wildlife habitat. Subdivision 1. Vegetation Alterations. Page 19 DRAFT Revised 1/5/95, 3/1/95, 3/24/95 A. Vegetation alteration necessary for the construction of structures, sewage treatment systems, uses permitted in the underlying zoning district and the construction of roads and parking areas regulated by 1102.09, Subd. 3 of this ordinance are exempt from the vegetation alteration standards that follow. B. Removal or alteration of natural vegetation, except for agricultural and forest management uses as regulated in Section 1102.10, shall be restricted to prevent erosion into protected waters, to consume nutrients in the soil, and to preserve shoreland aesthetic. Removal of natural vegetation in the Shoreland Overlay District is allowed subject to the following standards: 1. Clear cutting of natural vegetation is prohibited. 2. Limited clearing of trees and shrubs and cutting, pruning, and trimming of trees is allowed to provide a view to the water from the principal dwelling site and to accommodate the placement of stairways and landings, picnic areas, access paths, beach and watercraft access areas, and permitted water -oriented accessory structures or facilities, provided that: a. the screening of structures, vehicles, or other facilities as viewed from the water, assuming summer, leaf -on conditions, is not substantially reduced; b. along rivers, existing shading of water surfaces is preserved; c. the above provision is not applicable to the removal of trees, limbs, or branches that are dead, diseased, or pose safety hazards. 3. Natural vegetation shall be restored insofar as feasible after any construction project is completed to retard surface runoff and soil erosion. 4. The provisions of this section shall not apply to permitted uses which normally require the removal of natural vegetation. Subd. 2. Topographic Alterations/Grading and Filling. A. Grading, filling and excavations necessary for the construction of structures, sewage treatment systems, driveways and other uses permitted in the underlying zoning district under validly issued construction permits for these facilities do not require the issuance of a separate grading and filling permit. However, the grading and filling standards in this Section must be incorporated into the issuance of permits for construction of structures, sewage treatment systems and driveways. B. Public roads and parking areas are regulated by Section 1102.09, Subd. 3 of this ordinance. C. Notwithstanding Items A and B above, a grading and filling permit, in accordance Page 20 DRAFT Revised 1/5/95, 3/1/95, 3/24/95 with Section 4, Subd. 33 of the City Zoning Ordinance, will be required for: 1. the movement of more than ten (10) cubic yards of material on steep slopes or within the shore impact zone; and 2. the movement of more than 50 cubic yards of material per acre. D. The following considerations and conditions must be adhered to during the issuance of construction permits, grading and filling permits, conditional use permits, variances and subdivision approvals: 1. Grading or filling in any wetland must be evaluated to determine the extent of impact to the functions and values of the wetland area in accordance with Section 1104 of the City Code. This evaluation must also include a determination of whether the wetland alteration being proposed requires permits, reviews, or approvals by other local, state, or federal agencies such as a watershed district, a local governmental unit, the Minnesota Department of Natural Resources, or the United States Army Corps of Engineers. The applicant will be so advised. 2. Alterations must be designed and conducted in a manner that ensures only the smallest amount of bare ground is exposed for the shortest time possible. Mulches or similar materials must be used, where necessary, for temporary bare soil coverage, and a permanent vegetation cover must be established as soon as possible; 3. Methods to minimize soil erosion and to trap sediments before they reach any surface water feature must be used. Altered areas must be stabilized to acceptable erosion control standards consistent with the field office technical guides of the Anoka County Soil and Water Conservation District and the United States Soil Conservation Service; 4. Fill or excavated material must not be placed in a manner that creates an unstable slope. Plans to place fill or excavated material on steep slopes must be reviewed by qualified professionals for continued slope stability and must not create finished sloped of 30 percent or greater; 5. Any alterations below the ordinary high water level of the waterbodies described in 1002.05, Subd. 1B must first be authorized by the Commissioner under Minnesota Statutes, Section 103G.245; 6. Alterations of topography must only be allowed if they are necessary to allow a defined permitted accessory or conditional use within the underlying zoning district and do not adversely affect adjacent or nearby properties; and 7. Placement of natural rock riprap, including associated grading of the shoreline Page 21 DRAFT Revised 1/5/95, 3/1/95, 3/24/95 and placement of a filter blanket, is permitted if the finished slope does not exceed three feet horizontal to one foot vertical, the landward extent of the riprap is within ten feet of the ordinary high water level, and the height of the riprap above the ordinary high water level does not exceed three feet. E. Connections to public waters. Excavations where the intended purpose is connection to a public water, such as boat slips, canals, lagoons, and harbors, must be controlled by local shoreland controls. Permission for excavations may be given only after the Commissioner has approved the proposed connection to public waters. Subd. 3. Placement And Design of Roads, Driveways, and Parking Areas. A. Public and private roads and parking areas must be designed to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters. Documentation must be provided by a qualified individual that all roads and parking areas are designed and constructed to minimize and control erosion to public waters consistent with the Lino Lakes Local Water Management Plan. B. Roads, driveways, and parking areas must meet structure setbacks and must not be placed within shore impact zones when other reasonable and feasible placement alternatives exist. If no alternatives exist, they may be placed within these areas, and must be designed to minimize adverse impacts. C. Public and private watercraft access ramps, approach roads, and access -related parking areas may be placed within shore impact zones provided the vegetative screening and erosion control conditions of this subpart are met. For private facilities, the grading and filling provisions of 1102.09, Subd 2 of this ordinance must be met. Subd. 4. Stormwater Management. A. Impervious surface coverage of lots must not exceed the impervious surface percentage of lot area outlined in Section 1102.07 C4 of this ordinance. B. When possible, existing natural drainageways, wetlands and vegetated soil surfaces must be used to convey, store, filter, and retain stormwater runoff before discharge to public waters. C. Development must be planned and conducted in a manner that will minimize the extent of disturbed areas, runoff velocities, erosion potential, and reduce and delay runoff volumes. Disturbed areas must be stabilized and protected as soon as possible and facilities or methods used to retain sediment on the site. D. When development density, topographic features, and soil and vegetation conditions are not sufficient to adequately handle stormwater runoff using natural features and vegetation, various types of constructed facilities such as diversions, settling basins, skimming devices, dikes, waterways, and ponds may be used. Preference must be given to Page 22 DRAFT Revised 1/5/95, 3/1/95, 3/24/95 designs using surface drainage, vegetation, and infiltration rather than buried pipes and man- made materials and facilities. Residential, commercial and industrial subdivisions and site plans shall provide for the collection and treatment of storm water in compliance with the City Storm Water Management Plan if determined that the site improvements will result in increased runoff directly entering a public water. All grading and drainage plans shall require review and approval by the City Engineer and the Rice Creek Watershed District. E. When constructed facilities are used for stormwater management, documentation must be provided by a qualified individual that they are designed and installed consistent with the Lino Lakes Local Water Management Plan. F. Newly constructed stormwater outfalls to public waters must provide for filtering or settling of suspended solids and skimming of surface debris before discharge. 1102.10 Special Provisions for Commercial, Industrial, Public/Semipublic, Agricultural, Forestry and Extractive Uses and Mining of Metallic Minerals and Peat. Subdivision 1. Standards for Commercial, Industrial, Public and Semipublic Uses. Surface water -oriented commercial uses and industrial, public, or semipublic uses with similar needs to have access to and use of public waters may be located on parcels or lots with frontage on public waters. Those uses with water -oriented needs must meet the following standards: A. in addition to meeting impervious coverage limits, setbacks, and other zoning standards in this ordinance, the uses must be designed to incorporate topographic and vegetative screening of parking areas and structures; B. uses that require short-term watercraft mooring for patrons must centralize these facilities and design them to avoid obstructions of navigation and to be the minimum size necessary to meet the need; and C. uses that depend on patrons arriving by watercraft may use signs and lighting to convey needed information to the public, subject to the following standards: 1. No advertising signs or supporting facilities for signs may be placed in or upon public waters. Signs conveying information or safety messages may be placed in or on public waters by a public authority or under a permit issued by the Anoka County Sheriff; 2. Signs may be placed, when necessary, within the shore impact zone if they are designed and sized to be the minimum necessary to convey needed information. They must only convey the location and name of the establishment and the general types of goods or services available. The signs must not contain other detailed information such as product brands and prices, must not be located higher than ten feet above the ground, and must not exceed 32 square feet in size. If illuminated by artificial lights, the lights must be shielded or directed to prevent Page 23 DRAFT Revised 1/5/95, 3/1/95, 3/24/95 illumination out across public waters; and 3. Other outside lighting may be located within the shore impact zone or over public waters if it is used primarily to illuminate potential safety hazards and is shielded or otherwise directed to prevent illumination out across public waters. This does not preclude use of navigational lights. Subd. 2. Agriculture Use Standards. A. General cultivation farming, grazing, nurseries, horticulture, truck farming, sod farming, and wild crop harvesting are permitted uses if steep slopes and shore impact zones are maintained in permanent vegetation or operated under an approved conservation plan consistent with the Lino Lakes Local Water Management Plan, as provided by a qualified individual or agency. The shore impact zone for parcels with permitted agricultural land uses is equal to a line parallel to and 50 feet from the ordinary high water level. B. Animal feedlots must meet the following standards: 1. new feedlots must not be located in the shoreland of watercourses and must meet a minimum setback of 300 feet from the ordinary high water level of all public waters basins; and 2. modifications or expansions to existing feedlots that are located within 300 feet of the ordinary high water level are allowed if they do not further encroach into the existing ordinary high water level setback. Subd. 3. Forest Management Standards. The harvesting of timber and associated reforestation must be conducted consistent with the provisions of the Minnesota Nonpoint Source Pollution Assessment -Forestry and the provisions of Water Quality in Forest Management "Best Management Practices in Minnesota." Subd. 4. Extractive Use Standards. A. Site Development and Restoration Plan. An extractive use site development and restoration plan must be developed, approved, and followed over the course of operation of the site. The plan must address dust, noise, possible pollutant discharges, hours and duration of operation, and anticipated vegetation and topographic alterations. It must also identify actions to be taken during operation to mitigate adverse environmental impacts, particularly erosion, and must clearly explain how the site will be rehabilitated after extractive activities end. B. Setbacks for Processing Machinery. Processing machinery must be located consistent with setback standards for structures from ordinary high water levels of public waters. Subd. 5. Mining of Metallic Minerals and Peat. Mining of metallic minerals and peat, Page 24 DRAFT Revised 1/5/95, 3/1/95, 3/24/95 as defined in Minnesota Statutes, section 93.44 to 93.51, shall be a permitted use provided the provisions of Minnesota Statutes, section 93.44 to 93.51 are satisfied. 1102.11 Water Supply and Sewage Treatment Subdivision 1. Water Supply. Any public or private supply of water for domestic purposes must meet or exceed standards for water quality of the Minnesota Department of Health and the Minnesota Pollution Control Agency. Subd. 2. Sewage treatment. Any premises used for human occupancy must be provided with an adequate method of sewage treatment as follows: A. Publicly -owned sewer systems must be used in accordance with Chapter 402 of the City Code. Any new buildings used for human habitation or human occupancy, including businesses, located on property adjacent to a sewer main, or in a block through which the system extends, shall be connected to the municipal sanitary sewer system. B. All private sewage treatment systems must meet or exceed the Minnesota Pollution Control Agency's standards for individual sewage treatment systems contained in the document titled, "Individual Sewage Treatment Systems Standards, Chapter 7080", a copy of which is hereby adopted by reference and declared to be a part of this ordinance. C. On-site sewage treatment systems must be set back from the ordinary high water level in accordance with the setbacks contained in 1102.07 of this ordinance. D. All proposed sites for individual sewage treatment systems shall be evaluated in accordance with the criteria in subitems 1-4. If the determination of a site's suitability cannot be made with publicly available, existing information, it shall then be the responsibility of the applicant to provide sufficient soil borings and percolation tests from on- site field investigations. Evaluation criteria: 1. depth to the highest known on calculated ground water table or bedrock; 2. soil conditions, properties and permeability; 3. slope; and 4. the existence of lowlands, local surface depressions, and rock outcrops. E. Nonconforming sewage treatment systems shall be regulated and upgraded in accordance with section 1102.08, Subd. 3 of this ordinance. 1102.12 Subdivision/Platting Provisions Page 25 DRAFT Revised 1/5/95, 3/1/95, 3/24/95 Subdivision 1. Land suitability. Each lot created through subdivision, including planned development overlays authorized under 1102.13 of this ordinance, must be suitable in its natural state for the proposed use with minimal alteration. Suitability analysis by the City Council shall consider susceptibility to flooding, existence of wetlands, soil and rock formations with severe limitations for development, severe erosion potential, steep topography, inadequate water supply or sewage treatment capabilities, near -shore aquatic conditions unsuitable for water-based recreation, important fish and wildlife habitat, presence of significant historic sites, or any other feature of the natural land likely to be harmful to the health, safety, or welfare of future residents of the proposed subdivision or of the community. Subd. 2. Consistency with other controls. Subdivisions must conform to all official controls of this community. A subdivision will not be approved where a later variance from one or more standards in official controls would be needed to use the lots for their intended purpose. In areas not served by publicly owned sewer and water systems, a subdivision will not be approved unless domestic water supply is available and a sewage treatment system consistent with Sections 1102.07, Subd. 2 and 1102.11 can be provided for every lot. Each lot shall meet the minimum lot size and dimensional requirements of Section 1102.07, Subd. 1 including at least a minimum contiguous lawn area, that is free of limiting factors sufficient for the construction of two standard soil treatment systems. Lots that would require use of holding tanks shall not be approved. 1102.13 Shoreland Planned Development Overlay Subdivision 1. Types of PDO's Permissible. Shoreland Planned Development Overlays as defined in Section 1102.03 of this Ordinance are allowed for new projects on undeveloped land, redevelopment of previously built sites, or conversions of existing buildings and land. Subd. 2. Processing of Shoreland PDO's. Planned Development Overlays shall be processed as a conditional use permit in accordance with Section 5, Subd. 5 and Section 6, Subd. 20 of the Lino Lakes Zoning Ordinance as well as the performance standards outlined herein. Subd. 3. Application for a PDO. The application for a PDO/CUP must submit the following documents in addition to documents required by Section 5, Subd. 5 and Section 6, Subd. 5 of the Lino Lakes Zoning Ordinance, prior to final action being taken on the application request: A. A site plan and/or plat for the project showing locations of property boundaries, surface water features, existing and proposed structures and other facilities, land alterations, sewage treatment and water supply systems where public systems will not be provided, and topographic contours at ten (10) foot intervals or less. When a PDO is a combined commercial and residential development, the site plan and/or plat must indicate and distinguish which buildings and portions of the project are residential, commercial or a combination of the two. B. A property owners association agreement (for residential PDO's) with mandatory Page 26 DRAFT Revised 1/5/95, 3/1/95, 3/24/95 membership, and all in accordance with the requirements of Section 1102.13, Subd. 6 of this ordinance. C. Deed restrictions, covenants, permanent easements or other instruments that: 1. properly address future vegetative and topographic alterations, construction of additional buildings, beaching of watercraft, and construction of commercial buildings in residential PDO's; and 2. ensure the long-term preservation and maintenance of open space in accordance with the criteria and analysis specified in Section 1102.13, Subd. 6 of this ordinance. D. When necessary, a master plan/drawing describing the project and the floor plan for all commercial structures to be occupied. E. Those additional documents as requested by the City of Lino Lakes that are necessary to explain how the PDO will be designed and will function. Subd. 4. Site "Suitable Area" Evaluation. Suitable area for development within a shoreland planned overlay districts (PDOs) shall exclude all wetland, watercourses, land below the ordinary high water level of public waters, public street rights-of-way, and public parks. This suitable area and the proposed project are subject to PDO performance standards governing density and design. A. All PDOs must have access to public sanitary sewer and water. B. Lot area and width standards. The following lot are per unit standards shall apply to all PDOs within the Shoreland Overlay District provided that the resulting total development density in the shoreland area does not exceed the total City-wide shoreland density allowed based on State of Minnesota shoreland standards. The City, in its evaluation of any PDO, shall evaluate the proposed PDO density in light of the development capacity of the City-wide Shoreland Overlay District. Where the requirements of the underlying zoning district are more or less restrictive than those set forth herein, the more restrictive standards shall apply. 1. Residential (R-3, R-4 Zoning Districts) NE RD GD T a. Lot Area: Townhomes 5,000 5,000 5,000 5,000 Apartments/ Condominiums 2,900 2,900 2,900 2,900 b. Lot Width: Townhomes 150 130 130 130 Page 27 DRAFT Revised 1/5/95, 3/1/95, 3/24195 Apartments/ Condominiums 150 130 130 130 c. Setbacks: 1. OHWL 200 feet 2. Setback from Streets: a. Right -of -Way Line of Federal, State or County Highway 40 feet b. Local Street 30 feet 3. Side Yard Setback 20 feet 4. Setback Between Buildings on Multiple Building Site 35 feet 5. Bluff Setback 50 feet C. Maintenance and Administration Requirements. 1. Before final approval of a planned development overlay, adequate provisions must be developed for preservation and maintenance in perpetuity of open spaces and for the continued existence and functioning of the development. 2. Open Space Preservation. Deed restrictions, covenants, permanent easements, public dedication and acceptance, or other equally effective and permanent means must be provided to ensure long-term preservation and maintenance of open space. The instruments must include all of the following protections: a. Commercial uses prohibited (for residential PDO's). b. Vegetation and topographic alterations other than routine maintenance prohibited. c. Construction of additional buildings or storage of vehicles and other materials prohibited. d. Uncontrolled beaching of watercraft prohibited. 3. Development Organization and Functioning. Unless an equally effective alternative community framework is established, when applicable, all residential planned unit developments must use an owners association with the following features: a. Membership must be mandatory for each dwelling unit or site purchaser and any successive purchasers. b. Each member must pay a pro rata share of the association's expenses, and unpaid assessments can become liens on units or sites. Page 28 DRAFT Revised 1/5/95, 3/1/95, 3/24/95 c. Assessments must be adjustable to accommodate changing conditions. d. The association must be responsible for insurance, taxes, and maintenance of all commonly owned property and facilities. D. Open Space Requirements. Planned development overlays must contain open space meeting of the following criteria: 1. At least fifty (50) percent of the total project area must be preserved as open space. 2. Dwelling units or sites, road rights-of-way, or land covered by road surfaces, parking areas, or structures, except water -oriented accessory structures or facilities are developed areas and shall not be included in the computation of minimum open space. 3. Open space must include areas with physical characteristics unsuitable for development in their natural state, and areas containing significant historic sites or unplatted cemeteries. 4. Open space may include outdoor recreational facilities for use by owners of dwelling units or sites, by guests staying in commercial dwelling units or site, and by the general public. 5. Open space must not include commercial facilities or uses, but may contain water -oriented accessory structures or facilities. 6. The appearance of open space areas, including topography, vegetation, and allowable uses, must be preserved by use of restrictive deed covenants, permanent easements, public dedication and acceptance, or other equally effective and permanent means. 7. The shore impact zone, based on normal structure setbacks, must be included as open space. For residential PDO's, at least fifty (50) percent of the shore impact zone area of existing developments or at least seventy (70) percent of the shore impacts zone area of new developments must be preserved in its natural or existing state. For commercial PDO's, at least fifty (50) percent of the shore impact zone must be preserved in its natural state. E. Erosion Control and Stormwater Management. Erosion control and stormwater management plans must be developed and the PDO must: 1. Be designed, and the construction managed, to minimize the likelihood of serious erosion occurring either during or after construction. This must be accomplished by limiting the amount and length of time or bare ground exposure. Temporary ground covers, sediment entrapment facilities, vegetated buffer strips, or other Page 29 DRAFT Revised 1/5/95, 3/1/95, 3/24/95 appropriate techniques must be used to minimize erosion impacts on surface water features. Erosion control plans must be in accordance with the Lino Lakes Local Water Management Plan and approved by the City Council. 2. Be designed and constructed to effectively manage reasonably expected quantities and qualities of stormwater runoff. Impervious surface coverage must not exceed thirty-five (35) percent with an approved stormwater management plan and consistency with Section 1102.09. F. Centralization and Design of Facilities. Centralization and design of facilities and structures must be done according to the following standards: 1. Planned development overlays must be connected to publicly owned water supply and sewer systems. 2. Dwelling units or sites must be clustered into one or more groups and located on suitable areas of the development. They must be designed and located to meet or exceed the following dimensional standards for the relevant shoreland classification, setback from the ordinary high water level, elevation above the surface water features, and maximum height. 3. Shore recreation facilities, including but not limited to swimming areas, docks, and watercraft mooring areas and launching ramps, must be centralized and located in areas suitable for them. Said shared lake access must be approved by the City Council. Evaluation of suitability must include consideration of land slope, water depth, vegetation, soils, depth to groundwater and bedrock, or other relevant factors. The number of spaces provided for continuous beaching, mooring, or docking of watercraft must not exceed one (1) for each allowable dwelling unit or site in the first tier (notwithstanding existing mooring sites in an existing commercially used harbor). Launching ramp facilities including a small dock for loading and unloading equipment, may be provided for use by occupants of dwelling units or sites located in other tiers. 4. Structures, parking areas, and other facilities must be treated to reduce visibility as viewed form public waters and adjacent shorelands by vegetation, topography, increased setbacks, color, or other means acceptable to the City Council, assuming summer, leaf -on conditions. Vegetative and topographic screening must be preserved, if existing, or may be required to be provided. 5. Accessory structures and facilities, except water -oriented accessory structures, must meet the required principal structural setbacks and must be centralized. 6. Water -oriented accessory structures and facilities may be allowed if they meet or exceed design standards contained in Section 1102.07, Subd. 2 of this ordinance and are centralized. Page 30 DRAFT Revised 115/95, 3/1/95, 3/24/95 Subd. 7. Conversions. The City of Lino Lakes may allow existing resorts or other land uses and facilities to be converted to residential planned unit developments if all of the following standards are met: A. Proposed conversions must be initially evaluated using the same procedures for residential planned development overlays involving all new construction. Inconsistencies between existing features of the development and these standards must be identified. B. Deficiencies involving water supply and sewage treatment, structure color, impervious coverage, open space, and shore recreation facilities must be corrected as part of the conversion or as specified in the conditional use permit. C. Shore impact zone deficiencies must be evaluated and reasonable improvements made as part of the conversion. These improvements must include, where applicable, the following: 1. Removal of extraneous buildings, docks, or other facilities that no longer need to be located in shore impact zones. 2. Remedial measures to correct erosion sites and improve vegetative cover and screening of buildings and other facilities as viewed from the water. 3. If existing dwelling units are located in shore impacts zones, conditions shall be attached to approvals of conversions that preclude exterior expansions in any dimension or substantial alterations. The conditions must also provide for future relocation of dwelling units, where feasible, to other locations, meeting all setback and elevation requirements when they are rebuilt or replaced. D. Existing dwelling unit or dwelling site densities that exceed standards in Section 1102.13, Subd. 5 may be allowed to continue but must not be allowed to be increased, either at the time of conversion or in the future. Efforts must be made during the conversion to limit impacts of high densities by requiring seasonal use, improving vegetative screening, centralizing shore recreation facilities, installing new sewage treatment systems, or other means. Effective Date. This ordinance will take effect and be in force after its passage and official publication. PASSED by the City Council of the City of Lino Lakes this day of , 1995. ATTEST; Marilyn G. Anderson, City Clerk Vernon F. Reinert, Mayor Page 31 'F ORIGINATOR AGENDA ITEM 7 A Mary Kay Wyland April 7, 1995 SECOND READING, Ordinance No. 03-95 Amending City Sign Ordinance nance No. 03-95 received its first reading at the March 22, Council Meeting. ordinance is intended to allow advertising signs only within City's Rural and Rural -Business Reserve Zoning Districts. This nance revision is consistent with directives contained within 1990 I -35E and I -35W Interchange Study. A section has been d, per Council direction, amending the R -BR District to be istent with the R District in relation to Advertising Signs. f would recommend adoption and publication of the Ordinance No. 5. pprove Second Reading and Publication of Ordinance No. 03-95 eturn to staff for further consideration on 1 Council Member introduced the following Ordinance and moved its adoption. CITY OF LINO LAKES COUNTY OF ANOKA ORDINANCE NO. 03-95 AN ORDINANCE AMENDING APPENDIX C OF THE CITY CODE (SIGN REGULATIONS) REPEALING ADVERTISING SIGNS WITHIN THE SC, GB, LI AND GI ZONING DISTRICT. The City Council of the City of Lino Lakes ordains: SECTION III. Subdivision 1. is amended to read as follows: "R" Rural District and "R -X" Rural Executive Residential and "R -BR" Rural Business Reserve SECTION III. Subdivision 2. is amended to read as follows: Rural Districts: In the R and R -X and R -BR Districts all signs must comply with the following: SECTION II. Subdivision 2.2. (Residential District Sign Requirements) is amended to add the following: E. Advertising Signs: Advertising signs, as defined by Section 2, Subd. 6 of this Ordinance, are prohibited in the R1, R -1X, R3, R4, R6, and R7 Zoning Districts. SECTION III. Subdivision 3.2. (LB District Sign Requirements) is amended to add the following: E. Advertising Signs: Advertising signs, as defined by Section 2, Subdivision 6 of this Ordinance, are prohibited in the LB Zoning District. SECTION III. Subdivision 4.2. (NB District Sign Requirements)_ is amended to add the following: D. Advertising Signs: Advertising signs, as defined by section 2, subdivision 6 of this Ordinance, are prohibited in the NB Zoning District. SECTION III. Subdivision 5.2. (SC District Advertising Sign Requirements) is amended to read as follows: C. Advertising Signs: Advertising signs, as defined by Section 2, Subdivision 6 of this Ordinance, are prohibited in the SC Zoning District. SECTION III. Subdivision 6.2.D (GB and PSP District Advertising Sign Requirements) is amended to read as follows: D. Advertising Signs: Advertising signs, as defined by Section 2, Subdivision 6 of this Ordinance, are prohibited in the GB and PSP Zoning Districts. SECTION III. Subdivision 7.2C (L -I and G -I District Advertising Sign Requirments) is amended to read as follows: C. Advertising Signs: Advertising signs, as defined by Section 2, Subdivision 6 of this Ordinance, are prohibited in the LI and GI Zoning Districts. This Ordinance shall become effective immediately upon its passage and publication. ADOPTED by the Lino Lakes City Council this day of 1995. CITY OF LINO LAKES BY: Vernon Reinert, Mayor ATTEST: BY: Marilyn Anderson, City Clerk Motion for adoption of the foregoing ordinance was seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said ordinance was declared duly passed and adopted. COUNCIL MEETING MARCH 27, 1995 does not fit appropriately in every community and that is why "flexibility" allows the model to fit each community. Council Member Kuether moved to adopt the FIRST READING of Ordinance No. 4 - 95 and dispense with the reading. Council Member Elliott seconded the motion. Motion carried unanimously. FIRST READING Ordinance No. 3 - 95 Amending the Sign Ordinance - Ms. Wyland explained that this proposed ordinance amendment is intended to allow advertising signs only within the City's Rural Zoning Districts. The proposed ordinance amendment is consistent with directives contained within the 1990 I35E and I35W Interchange Study. The proposed ordinance amendment would not allow the display of advertising signs in any zoning district other than Rural. Staff and the Planning and Zoning Board recommended that the FIRST READING of this proposed ordinance amendment be adopted. Council Member Neal asked if advertising signs would be allowed in the areas where requests for sign permits were denied by the City Council last year. Ms. Wyland said no, that sign permit request was for the interchange area which is zoned General Business or Light Industrial. Council Member Bergeson noted that there is a zoning called Rural Business Reserve (R -BR). He asked if this zoning is included in Rural designation. Mr. Brixius said that yes, this area has an underlying zoning of Rural. Council Member Bergeson asked if R - BR zoning is a separate zoning and should it be separately spelled out in the ordinance. Mr. Brixius said it is a separate zoning district and is different than the Rural Zoning district. He explained that the staff concentrated on the areas around the interchanges and decided that when utilities become available to the R -BR Zoning district, that district will be rezoned to a commercial district. Council Member Bergeson said he was more concerned about the wording in the ordinance and asked if the R -BR Zoning district should be specially spelled out in the proposed ordinance. Mr. Brixius said that the City Council may do one of two things; first the R -BR district can be specifically addressed as a rural district until utilities become available or the current language in the proposed ordinance can remain the same as presented which means that the R -BR Zoning District will be excluded from the proposed Sign Ordinance amendment. Council Member Bergeson said he would prefer that the ordinance be as specific as possible. Mr. Brixius asked for direction from the Council as to whether or not billboard signs should be excluded from the R -BR Zoning district. Council Member Bergeson noted that Mr. Brixius stated that it was the intention of staff to PAGE 13 COUNCIL MEETING MARCH 27, 1995 include the R -BR Zoning district as a Rural zoning. Mayor Reinert asked if billboard signs are allowed in the R -BR Zoning district now, will this create some problems when the zoning of this district is changed to a commercial zoning. Mr. Brixius explained that when utilities are available, the area will be rezoned. At this point the sign will become a nonconforming use. Mr. Brixius said that if staff is to incorporate Council Member Bergeson's suggestion, additional wording will be needed for the proposed sign ordinance amendment. Mayor Reinert asked that the City Council go on to the next agenda item and return to this matter when Mr. Brixius has defined the appropriate wording. Final Plat, Woods of Baldwin Lake, Second Addition - Ms. ,Wyland explained that the preliminary plat of Woods of Baldwin Lake, Second Addition was approved October 24, 1994. The property is zoned R -1X and contains 12 lots. Utilities will be provided to serve the subdivision. The City Attorney has reviewed the title work and a development agreement and financial guarantees are in place. The staff is recommending that the final plat be approved as submitted. Council Member Kuether moved to approve the final plat of Woods of Baldwin Lake, Second Addition. Council Member Bergeson seconded the motion. Motion carried unanimously. The City Council returned to the consideration of Ordinance No. 03 - 95. Mr. Brixius explained that staff is recommending adding the R -BR Zoning district as a Rural District to Section 3, Subd. 1 and Subd. 2. No additional wording would need to be added. Council Member Kuether moved to approve the FIRST READING of Ordinance No. 3 - 95 as amended by the City Planner and dispense with the reading. Council Member Elliott seconded the motion. Motion carried unanimously. CITY ENGINEER'S REPORT, JOHN POWELL Consideration of Resolution No. 95 - 30 Ordering the Improvement of Woods of Baldwin Lake, Second Addition - A petition has been received by the City from the property owners within this subdivision, a Feasibility Report for utility and street improvements was prepared. This Feasibility Report was presented at a public hearing before the City Council on February 27, 1995. The property owners have also submitted a request to waive 50 of the 60 day waiting period as provided in Section 8.06 of the Lino Lakes City Charter which allows the City to order the improvement at this time. PAGE 14 8 AGENDA ITEM STAFF ORIGINATOR CHIEF DAVID PECCHIA DATE APRIL 7, 1995 TOPIC LINO LAKES POLICE DEPT YEAR END REPORT BACKGROUND THE 1994 STATISTICAL REVIEW IS PRESENTED FOR YOUR INFORMATION AND REVIEWAL. IT REPRESENTS A CONCENTRATED EFFORT TO PROVIDE DATA ILLUSTRATING SERVICE ACTIVITY DURING THE YEAR. THE STATISTICAL REVIEW WAS DISTRIBUTED TO COUNCIL MEMBERS ON WEDNESDAY APRIL 5, 1995 AT THEIR WORKSESSION. .I WILL PROVIDE A 5 MINUTE VERBAL REPORT OUTLINING THE SUCCESSFUL COMPLETION OF OUR 1994 GOALS AND THE PROPOSED GOALS FOR 1995. OPTIONS -1. ACCEPT REPORT - 2. DELAY REVIEW OF THE REPORT RECOMMENDATION OPTION 1 AGENDA, ITEM 9A ORIGINATOR Brian Wessel April 10, 1995 First Reading of Ordinance No. 06-95, authorizing the sale by the City of Lino Lakes of land in the Apollo Business Park. ,c Systems, Inc. is purchasing three acres of land in the city -owned portion of ,olio Business Park for its engineering and assembly facility (see attached map). Jing to Chapter XII, Section 12.05 of the Lino Lakes City Charter, an ordinance iired to authorize the sale of real property owned by the city. )pt the first reading of Ordinance No. 06-95 urn to staff for further consideration Councilmember introduced the following ordinance and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA ORDINANCE NO. 06 - 95 AN ORDINANCE OFFERING THE SALE BY THE CITY OF LINO LAKES OF LOT 2 AND A PORTION OF LOT 3, BLOCK 1, APOLLO BUSINESS PARK The City Council of Lino Lakes, Anoka County, Minnesota does ordain: The real property legally described as Lot 2 and a portion of Lot 3, Block 1, measuring 401 feet (+ or -) along Apollo Drive and 337 feet (+ or -) along 4th Avenue and 419 feet (+ or -) along the north property line and 295 feet (+ or -) along the east property line, Apollo Business Park, Anoka County, Minnesota (the "Property") is owned by the City of Lino Lakes (the "City"). The city council of the City has determined that the Property is no longer needed by the City for any public purpose. The city council of the City authorizes sale of the Property to Nol-Tec Systems, Inc., for $117,000. The mayor and city clerk -treasurer are hereby authorized and directed to execute such deed and other documents as may be necessary in order to sell the Property. Proceeds from the sale of the Property shall be used in accordance with the requirements of the city charter. This ordinance shall be in full force and effect from and after 30 days following its passage and publication, in accordance with section 3.09 of the city charter. Vernon F. Reinert, Mayor ATTEST: Marilyn G. Anderson, Clerk -Treasurer The motion for adoption of the foregoing ordinance was duly seconded by councilmember and upon a vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said ordinance was declared duly passed and adopted. First Reading Approved on Second Reading Approved on , 1995 , 1995 Published in the official newspaper on , 1995 APOLLO BUSINE',(:)',':';' PARK wog CITY OP LINO L/1 KES, .,INOK•1 CO UNTY„111 NNESOTA --_ AGENDA ITEM 9B STAFF ORIGINATOR Brian Wessel DATE April 10, 1995 TOPIC Resolution recommending the city council hold a public hearing and adopt the Tax Increment Financing Plan for TIF District 1-7 The Economic Development Authority has authorized preparation of a Tax Increment Financing Plan to establish Tax Increment Financing District 1-7 in the Apollo Business Park (See attached map). This TIF district is to provide public assistance to NoI-Tec Systems, Inc. The remainder of the unsold parcels in the ApoIIo Business Park are included in TIF District 1-7 to allow the city to capture the low Economic Adjustment Factor currently on the city -owned parcels. That factor is expected to rise significantly in 1996. The public hearing is scheduled for the May 22, 1995 City Council meeting. 1. Adopt the resolution recommending the City Council hold a public hearing on the establishment of Tax Increment Financing District 1-7 2. Return to staff for further consideration RECOMMENDATION Option 1 Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 9 5 - 4 6 RESOLUTION CALLING FOR A PUBLIC HEARING ON THE ESTABLISHMENT OF TAX INCREMENT FINANCING DISTRICT NO. 1-7 WHEREAS, the Lino Lakes Economic Development Authority (the "EDA") intends to propose the establishment of a tax increment financing district ("TIF District No. 1-7") generally within the Apollo business park area; and WHEREAS, Minnesota Statutes, sections 469.174 through 469.179 (the "TIF Act") requires that the city council of the city of Lino Lakes (the "City") hold a public hearing on TIF District No. 1-7, following approval thereof by the EDA. NOW, THEREFORE, BE IT RESOLVED By the City Council of the City of Lino Lakes, Minnesota as follows: 1. The city clerk -treasurer is authorized and directed to prepare a notice for publication in the official newspaper setting a public hearing before the city council to consider this matter on May 22, 1995, at p.m. in the council chambers at city hall. The notice shall be published in the newspaper at least 10 but not more than 30 days prior to the public hearing. 2. The city clerk -treasurer is hereby authorized and directed to notify Independent School District No. and Anoka County at least 30 days prior to the public hearing and to invite their comments thereon. 3. The city staff and consultants are authorized and directed to take all other actions necessary to bring this matter before the city council at the time of the public hearing. Dated: April 10, 1995. Vernon Reinert, Mayor RHB86626 LN140-36 ATTEST: Randall Schumacher, City Administrator The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against same: Whereupon said resolution was declared duly passed and adopted. RHB86626 LN140-36 I QF /./.\••() 1. LI,/ • 1\1)A , r1• ‘i \ T. I. F. District 1-7 AGENDA ITEM 9C STAFF ORIGINATOR Brian Wessel DATE April 10, 1995 TOPIC Consideration of Resolution Reaffirming Council Support of Economic Development Policy In response to recent requests to downzone commercial/industrial properties in Lino Lakes, EDAAB has become concerned about the potential for erosion of the city's commercial/industrial tax base. This resolution reaffirms the city council's support of EDAAB's economic development initiative. 1. Adopt the resolution reaffirming council support of economic devel 2 Return to staff for further consideration Option 1 Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95-43 RESOLUTION REAFFIRMING COUNCIL SUPPORT OF ECONOMIC DEVELOPMENT POLICY WHEREAS, in 1993 the Lino Lakes City Council determined that there was a need to increase the tax base of the community; and WHEREAS, the City Council endorses the policies set out by the Economic Development Authority Advisory Board as necessary for the development of a diversified commercial and industrial tax base; and, WHEREAS, In recent months a number of requests have come before the Economic Development staff and Economic Development Advisory Board to consider changing industrial and commercial zoned land to a lesser zoning classification; and WHEREAS, Removing such industrial and commercial zoning would create a significant disadvantage for the City of Lino Lakes economic development effort for the following reasons: 1. The economic development effort to provide tax diversity and relieve the tax burden for the residents of Lino Lakes is a high priority. 2. Assuming a market rate in the range of $1.25 to $1.50 per square foot, a midsize Tight industrial project (80,000 SF) would generate a minimum of $200,000 annual tax revenues. Residential use of the site would generate less than 1/3 of the tax revenue, and public use would generate no revenue. Commercial/industrial use of land currently zoned for such use is the most efficient use of the land and produces the greatest potential value/tax leverage. 3. Existing zoning in Lino Lakes designates 1,025 acres (4.8% of land total) as commercial/industrial. Approximately 30% is estimated to be wetland, leaving a net of approximately 700 developable commercial/industrial acres. Accepted planning guidelines for land use for a community the size of Lino Lakes are 10% light industrial and 5% commercially zoned land. Consequently, the city has presently about 1/4 of what is considered adequate land for future light industrial development. NOW THEREFORE, BE IT RESOLVED, the City Council of Lino Lakes reaffirms its support of economic development policy to preserve the remaining land currently zoned for commercial/industrial use within the city and would consider downzoning commercial/industrial land only when special conditions make it appropriate, or when an equitable exchange could be negotiated. Dated: April 10, 1995 Vernon Reinert, Mayor ATTEST: Randall Schumacher, City Administrator The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against same Whereupon said resolution was declared duly passed and adopted. STAFF ORIGINATOR DATE TOPIC 3ACKGRO .......................:. AGENDA ITEM NO. 10 Peter Kluegel, Building Inspector April 7, 1995 FIRST READING, Ordinance No. 05 - 95 Amending the Lino Lakes Building Code, Section 1003 The 1995 Minnesota State Building code was effective March 20, 1995. The Lino Lakes city Code needs to be updated to reflect this change. The City of Lino Lakes needs to adopt this code to provide for local enforcement. In addition, I am asking that certain options be selected for inclusion in the local code. 1. Adopt the FIRST READING of Ordinance No. 05 - 95 as presented 2. Return to staff for further study TION; It is the recommendation of myself and Fire Chief Bennett that the 1995 Building Code be adopted with the options. The options are: Reroofing Standards Exposed Residential Concrete Standards Membrane Structures Standards Optional Fire Protection Systems (Sprinklers) Each of these options are described in the following attachment. ATTACHMENT FOR AGENDA ITEM NO. 10 Reroofing - Requires that the building official inspect the roof before and after the new roof is installed. This will insure that the structure under the roofing is in a safe condition. Exposed Residential Concrete - The purpose of this option is to provide minimum standards for the protection of residential concrete exposed to freezing and thawing conditions. Membrane Structures - The purpose of this option is to establish minimum standards of safety for the construction and use of air -supported, air -inflated, and membrane -covered cable or frame structures, collectively known as membrane structures. Council Member introduced the following ordinance and moved its adoption: ORDINANCE NO. 05 - 95 AN ORDINANCE ADOPTING THE MINNESOTA STATE BUILDING CODE. THIS ORDINANCE: PROVIDES FOR THE APPLICATION, ADMINISTRATION, AND ENFORCEMENT OF THE MINNESOTA STATE BUILDING CODE BY REGULATING THE ERECTION, CONSTRUCTION, ENLARGEMENT, ALTERATION, REPAIR, MOVING, REMOVAL, DEMOLITION, CONVERSION, OCCUPANCY, EQUIPMENT, USE, HEIGHT, AREA, AND MAINTENANCE OF ALL BUILDINGS AND/OR STRUCTURES IN THIS MUNICIPALITY; PROVIDES FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREOF; PROVIDES PENALTIES FOR VIOLATION THEREOF; REPEALS ALL ORDINANCES AND PARTS OF ORDINANCES THAT CONFLICT THEREWITH. The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: Section 1003.01 Building Code, Subdivision 1, Minnesota State Building Code Adopted deleted and replaced by the following: Section 1. Application, Administration and Enforcement. The application, administration, and enforcement of the code shall be in accordance with Minnesota rule part 1300.2100 and as modified by Chapter 1305. The code shall be enforced within the extraterritorial limits permitted by Minnesota statute 16B.62, Subdivision 1, when so established by this ordinance. The code enforcement agency of this municipality is called the City of Lino Lakes Building Department. Section 2. Permits and Fees. The issuance of permits and the collection of fees shall be as authorized in Minnesota statute 16B.62, Subdivision 1, and as provided for in Chapter 1 of the 1994 Uniform Building Code and Minnesota rules parts 1305.0106 and 1305.0107. Permit fees shall be assessed for work governed by this code in accordance with Table No. 10A of this ordinance. In addition, a surcharge fee shall be collected on all permits issued for work governed by this code in accordance with Minnesota Statute 16B.70. Section 3. Violations and Penalties. A violation of the code is a misdemeanor (Minnesota Statute 16B.69) Section 4. Building Code. The Minnesota State Building Code, established pursuant to Minnesota Statutes 16B.59 to 16B.75, is hereby adopted as the building code for the City of Lino Lakes. The code is hereby incorporated in this ordinance as if fully set out herein. ORDINANCE NO. 05 - 95 Page -2- A. The Minnesota State Building Code includes the following chapters of Minnesota Rules: 1. 1300 Minnesota Building Code 2. 1301 Building Official Certification 3. 1302 State Building Construction Approvals 4. 1305 Adoption of the 1994 Uniform Building Code including Appendix Chapters: a. 3, Division I, Detention and Correctional Facilities b. 12, Division II, Sound Transmission Control c. 29, Minimum Plumbing Fixtures 5. 1307 Elevators and Related Devices 6. 1315 Adoption of the 1993 National Electrical Code 7. 1325 Solar Energy Systems 8. 1330 Fallout Shelters 9. 1335 Floodproofing Regulations 10. 1340 Facilities for the Handicapped 11. 1346 Adoption of the 1991 Uniform Mechanical Code 12. 1350 Manufactured Homes 13. 1360 Prefabricated Buildings 14. 1365 Snow Loads 15. 1370 Storm Shelters 16. 4715 Minnesota Plumbing Code 17. 7670 Minnesota Energy Code B. The following optional appendix chapters of the 1994 Uniform Building Code are hereby adopted and incorporated as part of the building code for the City of Lino Lakes: 1. 15 Reroofing 2. 19 Exposed Residential Concrete 3. 31 Division II, Membrane Structures C. The following optional chapters of Minnesota rule are hereby adopted and incorporated as part of the building code for the City of Lino Lakes: 1. 1306 Special Fire Protection Systems with Option 8A Section 5. This Ordinance shall take effect upon its passage and publication according the City Charter. Vernon F. Reinert, Mayor Marilyn G. Anderson, Clerk -Treasurer ORDINANCE NO. 05 - 95 Page -3- The motion for adoption of the foregoing ordinance was seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said ordinance was declared duly passed and adopted. STAFF ORIGINATOR Peter Kluegel, Building Inspector DATE TOPIC Consideration of Resolution No, 95 45 Setting Fee for Fence Permits April 7, 1995 .................... ................... CKGRO` In order to be consistent with our neighboring communities and also cover our inspection costs, I am recommending that a set fee of $30.50 be established for fencing permits in all zoning districts. Adopt Resolution No. 95 - 45 setting the permit fee. >.. Deny Resolution No. 95 45 Return to staff for further review Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95 - 45 RESOLUTION SETTING FEE FOR FENCE PERMITS WHEREAS, WHEREAS, permits are required by the Lino Lakes Zoning Ordinance Bi, Section 4, Subd. 29, FENCES AND WALLS, and fees for the permits are not mentioned in this section of the Lino Lakes Zoning Ordinance B1, NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Lino Lakes, Anoka County, Minnesota that the fee for all fence permits in all zoning districts is $30.00. Adopted by the City Council on Lino Lakes, Minnesota this 10th day of April, 1995. Vernon F. Reinert, Mayor Marilyn G. Anderson, Clerk -Treasurer The motion for the adoption of the forgoing resolution was duly seconded by Council Member Neal, 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. AGENDA ITEM 12A F ORIGINATOR John Powell. Acting City Engineer April 7. 1995 Resolution No. 95-47 Ordering Public Hearing for Weil No. 4 for May 22. 1995 at 6:30 P.M. :GROUND: ponse to a petition received from the owner of the property located within the mater Creek development, Mr. Tony Emmerich, the City ordered a feasibility report all No. 4 which would serve the subdivision. This report was prepared and was ed by the Lino Lakes City Council at the January 23, 1995 meeting. As the nater Creek development rezone and preliminary plat had not yet been iered, the Public Hearing on the improvement was not ordered. This development )w been considered by the City and is proceeding. The improvement process can •umed with the ordering of the Public Hearing. prove Resolution No. 95-47 Ordering the Public Hearing for We I No. 4. tum to staff for review and consideration at a future meeting, MEN -DATION: o No. 1 - Approve Resolution No. 95-47 Ordering the Public Hearin Well No. 4 to be held on May 22, 1995 at 6:30 P.M. Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95-47 RESOLUTION CALLING A HEARING ON THE IMPROVEMENT OF WELL NO. 4. WHEREAS, pursuant to a resolution of the Council on November 14, 1994, with reference to the Well No. 4 improvement, and this report received by the Council on January 23, 1995. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: The Council will consider the improvement of the subdivision in accordance with the report and the assessment of benefitted property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes Chapter 429 and Chapter 8 of the Lino Lakes City Charter at an estimated total cost of the improvement of $309,545. 2. A public hearing shall be held on such proposed improvement on the 22nd day of May, 1995 in the Council chambers of the City Hall at 6:30 P.M. and the Clerk shall give mailed and published notice of such hearing and improvements as required by law. Adopted by the Lino Lakes City Council this 10th day of April, 1995. Vernon F. Reinert, Mayor Marilyn G. Anderson, Clerk -Treasurer The motion for 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. CERTIFICATION hereby certify that the above is a correct copy of a resolution duly passed, adopted and approved by the City Council on , 1995. Marilyn G. Anderson, Clerk -Treasurer AGENDA ITEM 14A ORIGINATOR Marilyn Anderson, Clerk -Treasurer April 4, 1995 Consideration of Resolution Correcting 1995 Assessment 95 42 2) assessment corrections have been brought to my attention by inance Department. The first correction involves a lot in the of Baldwin Lake subdivision. The City received a check from le company for prepayment of assessments. They identified the )y using the wrong PIN. Therefore, the payment was coded to gong lot. econd correction involves certification of a delinquent sewer dater utility bill. A homeowner moved from the property 'ut paying his past due utility billing and without notifying ity that he was moving. The new homeowner cal]. and questioned Lssessment on their property taxes. The Finance Department acted the former homeowner and made arrangements for payment of .elinquent utility bill. Therefore, the assessment on the new owners property taxes must be abated. Adopt Resolution No. 95 - 42 abating the deli assessment. Return the matter to Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95 - 42 RESOLUTION ABATING 1995 INSTALLMENT OF SPECIAL ASSESSMENT ON PIN. 31-31-22-32-0030 AND 28-31-22-42-0075. WHEREAS, WHEREAS, WHEREAS, an assessment was certified to the above listed parcels for 1995, and it has come to the attention of staff that these assessments were applied in error, and the City Council has met and has considered the request to abate the 1995 installment of special assessment on the above listed parcels, NOW, THEREFORE, BE IT RESOLVED, by the City Council of Lino Lakes, Minnesota, as follows: 1. The 1995 installment and all future years installments for Special Assessment Fund No. 82241, 82242 and 82243 on property described as PIN. 31-31-22-32-0030 are hereby abated. 2. The 1995 installment and all future years installments for Special Assessment Fund No. 82362 on property described as PIN. 28-31-22-42-0075 are hereby abated. Adopted by the Lino Lakes City Council this 10th day of April, 1995. Vernon F. Reinert, Mayor Marilyn G. Anderson, Clerk -Treasurer 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. Anoka County Division of Property Records & Taxation Abatement Form 7 (Rev 2/95) APPLICATION FOR ABATEMENT - SPECIAL ASSESSMENTS (M.S. 375.192) County Auditor's Number County of Anoka Please print or type. For Taxes Assessed in 19 94 and Payable in 19 95 Applicant's Name Marilyn G. Anderson Clerk -Treasurer Applicant's Social Security Number Applicant's Telephone Number ( 612) 464-5562 Date of Application April 10, 1995 Applicant's Mailing Address CITY OF LINO LAKES 1189 Main Street Lino Lakes, Minnesota 55014 DESCRIPTION OF PROPERTY Property I.D. or Parcel Number 31-31-22-32-0030 Street Address (it different than above) 116 White Pine Road Lino Lakes, Mn. 55014 City or Township City of Lino Lakes School District Number No. 12 LEGAL DESCRIPTION OF PROPERTY Lot 15, Block 1, Woods of Baldwin Lake APPLICANT'S STATEMENT OF FACTS The assessment for the above described parcel was prepaid on January 7, 1994. I posted the payment on the wrong lot. APPLICANT'S REQUEST Include fund number & amount due for payable tax year being abated, not total principal amount. Please remove the assessment on Fund No.'s 82241, 82242 and 82243 for 1995 and the following years including penalties or/and interest. Applicant's Signature Dale NOTE: Minnesota Statutes 1988, Section 609.41, "Whoever, in making any statement, oral or written, which is required or authorized by law to be made as a basis of imposing, reducing or abating any tax or assessment, intentionally makes any statement as to any material matter which the maker oI the statement knows is false my be sentenced, unless otherwise provided by law, to imprisonment for not more than one year or to payment of a tine of not more than $3,000, or both." Anoka County Division of Property Records & Taxation Abatement Form 7 (Rev 2195) APPLICATION FOR ABATEMENT - SPECIAL ASSESSMENTS (M.S. 375.192) County Auditor's Number County of Anoka Please print or type. For Taxes Assessed in 19.94 and Payable in 19 95 Applicant's Name Marilyn G Anderson Clerk -Treasurer Applicant's Social Security Number Applicant's Telephone Number ( 612) 464-5562 Date of Application April 10, 1995 Applicant's Mailing Address CITY OF LINO LAKES 1189 Main Street Lino Lakes, Mn. 55014 DESCRIPTION OF PROPERTY Property I.D. or Parcel Number 28-31-22-42-0075 Street Address (if different than above) 6582 Pheasant Run South Lino Lakes, Mn. 55014 City or Township City of Lino Lakes School District Number No. 12 LEGAL DESCRIPTION OF PROPERTY Lot 4, Block 5, D. Ericksons, Second Addition APPLICANT'S STATEMENT OF FACTS This assessment is for delinquent sewer and water utilities. The Finance Department worked out a schedule of payment and did not notify me that the homeowner agreed to the schedule. The homeowner who is responsible for the delinquent utilities moved from the house without notifying the city hall. When the new homeowner received his property tax statement he was unhapply about the delinquent assessment that was left by the previous homeowner. The Finance Department has worked out a payment schedule with APPLICANTS REQUEST the previous homeowner. Include fund number & amount due for payable tax year being abated, not total principal amount. The City is requesting that the assessment for PIN . 28-31-22-42-0075 for Fund No. 82362 in the amount of $211.59 be abated. Applicants Signature Date NOTE: Minnesota Statutes 1988, Section 609.41, "Whoever, in making any statement, oral or written, which is required or authorized by law to be made as a basis of imposing, reducing or abating any tax or assessment, intentionally makes any statement as to any material matter which the maker of the statement knows is false my be sentenced, unless otherwise provided by law, to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both." AGENDA ITEM 14B STAFF ORIGINATOR Marilyn G. Anderson, Clerk -Treasurer DATE April 6, 1995 TOPIC Consideration of an On -Sale Liquor License, Sunday On -Sale Liquor License and an Off -Sale Liquor License for Miller's on Main, 8001 Lake Drive, Lino Lakes Attached you will find applications for the liquor licenses for Miller's on Main. The owner, James Miller, has completed the necessary application forms, posted the correct application fees and submitted the required Certificate of Insurance. An investigation of Mr. and Mrs. Miller was completed by the Police Department. The results of the investigation are very positive. Mr. Miller is planning to open Miller's on Main on May 1, 1995 or very soon thereafter. Therefore, the licenses would be effective May 1, 1995. As you may have noted, the building, in which Miller's on Main will be located is going through extensive renovation. The Building Inspections Department is performing the necessary inspections. Mr. Miller has indicated that he plans to open for business as soon as he has completed renovations and all inspections have been completed. Adopt a motion approving the On -Sale Liquor License, On -Sale Sunday Liquor License and Off -Sale License. 2. Return the matter to staff for further information. Option No. 1 CITY OF Leo LAkBS POLICE DEPARTMENT David J. Pecchia, Chief of Police January 30, 1995 Case #95-015965 Marilyn Anderson/City Council 1189 Main Street Lino Lakes, MN 55014 Re: Miller's on Main/Purchase of Liquor License Dear Marilyn: This report in to inform you of the background investigation check I have performed for James Richard Miller DOB:07-29-47, who will be operating an On/Off Sale Liquor store, Miller's On Main located at 8001 Lake Drive, Lino Lakes, MN 55014. A criminal history check as well as a routine drivers license/warrants check has revealed nothing unusual for Mr. Miller. I also checked with Anoka County for any civil actions held against Mr. Miller and again I found nothing on record. I also spoke with other officers of this department who either know Mr. Miller or have had some type of contact with him and which all of them said that Mr. Miller appears to have a good moral character about him. I also contacted Mark's Bar, McGregor, MN., which Mr. Miller formerly owned. I spoke to a couple of old employee's of his who had nothing but good recommendations for him. They advised me he was a "Joy" to work for and financially the establishment was very sound. At this time with the results obtained from the information provided through background checks, I recommend that Mr. Miller, owner of Miller's On Main, be granted a liquor license for the city of Lino Lakes. Sincerely, Gr' Investigator Steve Mortenson Lino Lakes Police Department 7731 Lake Drive, Lino Lakes, Minnesota 55014-1109 Police Administration/Records: (612) 780-0605 - Fax: (612) 780-0901 ,-.,';j.--;6,,,--,,,Minnesota v. L k ! Department of Public Safety ,{F_, LIQUOR CONTROL DIVISION 5, ,, gr 190 Sth St. F., Suite 105. St Paul. MN 55101 ' -' sr (612)296-6430 TTY(612)282-6555 .�1.,.- OFF SALE INTOXICATING LIQUOR LICENSE APPLICATION FOR No license will be approved or released until the $20 Retailer ID Card fee is received by MN Liquor Control. Workers compensation insurance company. LICENSEE'S SALES & USE TAX ID # '7"/---/-17--�To Nance ,c!// t; O c.,,,.Vt-/ S Policy# apply for sales tax #, call 296-06181 or 1-800-657-3777 ' a partner shall execute this application. '-/ Z -2_,5-Y-6_,3- If a partnership, -t-1/ irt" t' % & If a corporation, an officer shall execute this application Licensee Name (Individual, Corporation, Partnership) %/47 4- /')-,YAt rn/LLe. /',5- LNG. --1-3----194-1--Z--1- er Trade Name or DBA ill /4/ C'S' a•y /174-/.zy License Location (Street Address & Block No.) ,�OC// ,4"4 -Kc 0,' License Period From 5 t _ 1_ To -;—/ - (j5 Applicant's Home Phone <aigigiiMinkt City I,/i✓e ti//%cs County AMe r9- State r' /7/ Zip Code S^J n/ y. Name of Store Manager J i/11 J'h/LLc,- Business Phone Number 7,'j.., 7/e6 DOB (Individual Applicant) If a corporation, state name, date of birth, address, title, and shares held by each officer. If a partnership, state names, address and date of birth of each partner. - Partner Officer (First, middle, last) Pi r LL Z: DOB Title Shares Address, City, State, Zip Code MA( J^.S e' % y Partner Officer (First, middle, last) DOB Title i.-, i c t o ./c...., ""- Shares _ Jo fa/0„,^40- Address, City, State, Zip Code 2-5/ /ocf4 v Pi ,y . re Z Partner Officer (First, middle, last) DOB Title Shares Address, City, State, Zip Code Partner Officer (First, middle, last) DOB Title Shares Address, City, State, Zip Code 1. If a corporation, date of incorporation capital . If a subsidiary 9 - Y/ , state incorporated incorporated No second so state in ii /y , amount paid in of any other corporation, . If and give purpose of is corporation building, so state. corporation under the laws of another state, floor, basement, etc.) or if entire authorized to do business in the state of Minnesota? ❑ Yes ❑ 2. Describe premises to which license applies; such as (first floor, EtY rif L 43c' , L 41.'-,- 3. Is establishment located near any state university, state hospital, training school, reformatory or prison? D Yes I o If _yes state approximate distance. 4. Name and address of building owner: /1/y h . s" c0 "y ,714-/17 t} / /1i / /,L.Gr" 7 rS/ 4-A6 G £- />/" / L i'Mei Has owner `irk, of building any connection, directly or indirectly, with applicant? le'Yes ❑ No a member of the governing body of the municipality in which this license 5. Is applicant or any of the.as ciates in this application, is to be issued? ❑ Yes VNo If yes, in what capacity? 6. State whether any person other than applicants has license is applied and if so, give name and details. 7. Have applicants any interest whatsoever, directly ❑ Yes Lp'No If yes, give name and address of establishment. 1- to 0 c ..,..i TR if- c T any right, title or interest in the furniture, fixtures or equipment for which or indirectly, in any other liquor establishment in the state of Minnesota? Se} L. 0 Pi If Ri-i S Dr -4-/Z / ", /11 / 8. Are the premises now occupied or to be occupied establishment' "Yes '-� No 9. State whether applicant has or will be granted, an for the same premises. ❑ Yes ❑ No VWi11 be 10. State whether applicant hastor will be granted a Sunday License. ❑ Yes ❑ No VWi1l be granted 11. If this application is for a County Board Off Sale by the applicant entirely separate and exclusive from any other business On sale Liquor License in conjunction Nvith this Off Sale Liquor License and granted On Sale Liquor License in conjunction with the regular On Sale Liquor License, state the distance in miles to the nearest municipality. 1. State whether applicant or any of the associates in any municipality or state authority; if so, give dates this application, have ever had an application for a liquor license rejected by and details. Ai 2. Has the applicant or any of the associates in this application, during the five years immediately preceding this application ever had a license under the Minnesota Liquor Control Act revoked for any violation of such laws or local ordinances; if so, give dates and details. /1 3. Has applicant, partners, officers, or employees ever Liquor Control penalties? ❑ Yes No Ifyes, give had any liquor law violations in Minnesota or elsewhere, including State dates, charges and final outcome. 4. During theyast license year, has a summons been issued under the Liquor Civil Liability Law (Dram Shop) M.S. 340A.802. ❑ Yes tt'No If yes, attach a copy of the summons. This licensee must have one of the following: (ATTACH CERTIFICATE OF INSURANCE TO THIS FORM.) Check one `F� i A. Liquor Liability Insurance (Dram Shop) - $50,000 per person, $100,000 more than one person; $10,000 property destruction; $50,000 and $100.000 for loss of means of support. or ❑ B. A surety bond from a surety company with minimum coverage as specified in A. or ❑ C. A certificate from the State Treasurer that the licensee has deposited with the state, trust fiends having market value of $100,000 or $100,000 in cash or securities. I certify that I have read the above questions and that the answers are true and correct of my own knowledge. Print name of applicant & title TA- m S /2 / c///1-ii o /i9 / 4- L t r'/. PRes..-le,,, r- Signature of Applican ,e.,& /1 /J - 1 I Date 3/3C-3- 3/3C'S REPORT BY POLICE\SHERIFF'S REPORT This is to certify' that the applicant and the associates named laws of the State of Minnesota or municipal ordinances relating DEPARTMENT herein have not been convicted within the past five years for any violation of to intoxicating liquor except as follows: Ir Police/Sheriff's Department Title i SignaturI, PS 9136-94 County Attorney's Signature IMPORTANT NOTICE All retail liquor licensees must have a current Federal Special Occupational Stamp. This stamp is issued by the Bureau of Alcohol, Tobacco, and Firearms. For information call (612)290-3496. FOR OFFICE USE Case No _ Date Received By I19 G CITY OF LINO LAKES APPLICATION FOR ON -SALE INTOXICATING LIQUOR OR ON -SALE WINE LICENSE PART 1 - General Information This application for requests information which may be classified as private or confidential under the Minnesota Data Practices Act. This information is required by State law or City ordinance. The information will be used to determine your eligibility for issuance of a license, permit, or identification card. Failure to provide the information will result in a denial of the license, permit, or identification card. Directions: This form must be filled out with typewriter or by printing in ink. If the application is by a natural person, by such person; if by a corporation, by an officer thereof; if by a partnership, by one of the partners; if by an unincorporated association, by the manager or managing officer thereof_ 1. Name of Applicant (name of individual, partnership, corporation or association): s .tc H 1 te 1 L 2 BusinessName: Business Address: Business Phone: C_C/ K c .U/\. `. I K c- /1-; (Street, City, State, Zip) (Area Code & No.) IF BUSINESS IS TO BE CONDUCTED UNDER A DESIGNATION, NAME OR STYLE OTHER THAN FULL INDIVIDUAL NAME OF THE APPLICANT, ATTACH TWO COPIES OF THE TRADE NAME CERTIFICATE, AS REQUIRED BY CHAPTER 333, MINNESOTA STATUTES, SECRETARY OF STATES OFFICE. 3 Type of Applicant: Natural Person (Individual) Partnership V Corporation Association or Other 9 Type of license applicant seeks: V On -Sale Intoxicating Liquor On -Sale "Special Sunday Sales" Liquor On -Sale Wine PAGE 1 FOR OFFICE USE Case No. Date Received By CITY OF LINO LAKES APPLICATION FOR OFF -SALE INTOXICATING LIQUOR LICENSE PART 1 - General Information This application form requests information which may be classified as private or confidential under the Minnesota Data Practices Act. This information is required by State law or City ordinance. The information will be used to determine your eligibility for issuance of a license, permit, or identification card. Failure to provide the information will result in a denial of the license, permit or identification card. Directions: This form must be filled out with typewriter or by printing in ink. If the application is by a natural person, by such person; if by a corporation, by an officer thereof; if by a partnership, by one of the partners; if by an unincorporated association, by the manager or managing office thereof. Name of Applicant (Name of individual, partnership, corporation or association: /( f-\/ (1) 2 Business Name: /Li 1LLC_ fK S Cis' /1' ) Ail� Business Address: �tkr). I hAKL ( . (Street) (City, State, Zip) Telephone: (Area Code & No. IF BUSINESS IS TO BE CONDUCTED UNDER A DESIGNATION, NAME OR STYLE OTHER THAN FULL INDIVIDUAL NAME OF THE APPLICANT, ATTACH TWO COPIES OF THE TRADE NAME CERTIFICATE, AS REQUIRED BY CHAPTER 333, MINNESOTA STATUTES, SECRETARY OF STATES OFFICE. 3 Type of Applicant: Natural Person (individual) 1l Corporation Partnership Association Individual 4(a). If applicant is a natural person (individual), state full name, residence PAGE 1 DRAFT Revised 1/5/95, 3/1/95, 3/24/95 CHAPTER 1102 SHORELAND MANAGEMENT OVERLAY ORDINANCE 1102.01 Statutory Authorization and Policy 1102.02 General Provisions 1102.03 Definitions 1102.04 Administration 1102.05 Shoreland Overlay District 1102.06 Shoreland Overlay District Uses 1102.07 Zoning and Water Supply/Sanitary Provisions 1102.08 Nonconformities 1102.09 Shoreland Alterations 1102.10 Special Provisions for Commercial, Industrial, Public/Semipublic, Agricultural, Forestry and Extractive Uses and Mining of Metallic Minerals and Peat 1102.11 Water. Supply and Sewage Treatment 1102.12 Subdivision/Platting Provisions 1102.13 Planned Development Overlays (PDOS) 1102.01 Statutory Authorization and Policy Subdivision 1. Statutory Authorization. Local government units are required to adopt shoreland management ordinances in Minnesota Statutes 103F.201 to 103F.221. This Shoreland Overlay District Ordinance is adopted pursuant to these authorizations and policies and the planning and zoning enabling legislation in Minnesota Statutes, Chapter 462. Subd. 2. Policies. The uncontrolled use of shorelands of the City of Lino Lakes, Minnesota affects the public health, safety and general welfare not only by contributing to pollution of public waters, but also by impairing the local tax base. Therefore, it is in the best interests of the public health, safety and welfare to provide for the wise subdivision, use and development of shorelands of public waters. The Legislature of Minnesota has delegated responsibility to local governments of the state to regulate the subdivision, use and development of shorelands of public waters and thus preserve and enhance the quality of surface waters, conserve the economic and natural environmental values of shorelands, and provide for the wise use of waters and related land resources. The responsibility for the management of shoreland areas is hereby recognized by the City of Lino Lakes, Minnesota. 1102.02 General Provisions Subdivision 1. Jurisdiction. The provisions of this ordinance shall apply to the shorelands of the public water bodies as classified in 1102.05 of this ordinance and as shown on the Official Zoning Map of the City of Lino Lakes as being located within the Shoreland Overlay District. A body of water created by a private user where there was no previous shoreland may, at the discretion of the City, be exempt from this. ordinance. Page 1 DRAFT Revised 1/5/95, 3/1/95, 3/24/95 Subd. 2. Compliance. The use of any shoreland of public waters; the size and shape of lots; the use, size, type and locations of structures on lots; the installation and maintenance of water supply and waste treatment systems; the grading and filling of any shoreland area; the cutting of shoreland vegetation; and the subdivision of land shall be in full compliance with the terms of this ordinance and other applicable regulations. Subd. 3 Enforcement. The Zoning Administrator is responsible for the administration and enforcement of this ordinance. Any violation of the provisions of this ordinance or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional uses) shall constitute a misdemeanor and shall be punishable as defined by law. Violations of this ordinance can occur regardless of whether or not a permit is required for a regulated activity pursuant to 1102.04, Subd. 1 of this ordinance. Subd. 4. Interpretation. In their interpretation and application, the provisions of this ordinance shall be held to be minimum requirements and shall be liberally construed in favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by State Statutes. The approximate boundaries of the Shoreland Overlay District are indicated on the Official Zoning Map of the City of Lino Lakes, and attachments thereto. Exact determination of the boundaries will be made by the Minnesota Department of Natural Resources, Division of Waters. Subd. 5. Severability. If any section, clause, provision, or portion of this ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby. Subd. 6. Abrogation and Greater Restrictions. It is not intended by this ordinance to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. Where the conditions imposed by any provision of this ordinance are either more restrictive or less restrictive than comparable conditions imposed by any other law, ordinance, statute, resolution, or regulation of any kind, the regulations which are more restrictive, or which impose higher standards or requirements shall prevail All other ordinances inconsistent with this ordinance are hereby repealed to the extent of the inconsistency only. 1102.03 Defmitions. Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this ordinance its most reasonable application. For the purpose of this ordinance, the words "must" and "shall" are mandatory and not permissive. All distances, unless otherwise specified, shall be measured horizontally. Subdivision 1. Accessory structure or facility. "Accessory structure" or "facility" means any building or improvement subordinate to a principal use which, because of the nature of its use, can reasonable be located at or greater than normal structure setbacks. Subd. 2. Bluff. "Bluff" means a topographic feature such as a hill, cliff, or embankment having the following characteristics (an area with an average slope of less than 18 percent over Page 2 DRAFT Revised 1/5/95, 3/1/95, 3/24/95 a distance for 50 feet or more shall not be considered part of the bluff): A. Part of all of the feature is located in a shoreland area; B. The slope rises at least 25 feet above the ordinary high water level of the waterbody; C. The grade of the slope from the toe of the bluff to a point 25 feet or more above the ordinary high water level averages 30 percent or greater; and D. The slope must drain toward the waterbody. Subd. 3. Bluff impact zone. "Bluff impact zone" means a bluff and land located within 20 feet from the top of a bluff. Subd. 4. Boathouse. "Boathouse" means an accessory structure designed and used solely for the storage of boats and boating equipment. Subd. 5. Building line. "Building line" means a line parallel to a lot line or the ordinary high water level at the required setback beyond which a structure may not extend. Subd. 6. Clear Cutting. "Clear cutting" means the removal of an entire stand of trees. Subd. 7. Resort planned development overlay. "Resort planned development overlays" are typically uses that provide transient, short-term lodging spaces, rooms, or parcels and their operations are essentially service-oriented. For example, hotel/motel accommodations, resorts, recreational vehicle and camping parks, and other primarily service-oriented activities are resort planned unit developments. Subd. S. Commercial use. "Commercial use" means the principal use of land or buildings for the sale, lease, rental, or trade of products, goods, and services. Subd. 9. Commissioner. "Commissioner" means the commissioner of the Department of Natural Resources. Subd. 10. Conditional use. "Conditional use" means a land use or development as defined by ordinance that would not be appropriate generally but may be allowed with appropriate restrictions as provided by official controls upon a finding that certain conditions as detailed in the official zoning ordinance exist, the use or development conforms to the comprehensive land use plan of the community, and the use is compatible with the existing neighborhood. Subd. 11. Deck. "Deck" means a horizontal, unenclosed platform with or without attached railings, seats, trellises, or other features, attached or functionally related to a principal use or site and at any point extending more than three feet above the ground. Subd. 12. Dwelling site. "Dwelling site" means a designated location for residential use Page 3 DRAFT Revised 1/5/95, 3/1/95, 3/24/95 by one or more persons using temporary or movable shelter, including camping and recreational vehicle sites. Subd. 13. Dwelling unit. "Dwelling unit" means any structure or portion of a structure or other shelter designed as short- or long-term living quarters for one or more persons, including rental or timeshare accommodations such as motel, hotel, and resort rooms and cabins. Subd. 14. Extractive use. "Extractive use" means the use of land for surface or subsurface removal of sand, gravel, rock, industrial minerals, other nonmetallic minerals, and peat not regulated under Minnesota Statutes, sections 9.44 to 9.51. Subd. 15. Forest land conversion. "Forest land conversion" means the clear cutting of forested land to prepare for a new land use other than reestablishment of a subsequent forest stand. Subd. 16. Hardship. "Hardship" means the property in question cannot be put to reasonable use under the conditions allowed by the official controls; the plight of the landowner is due to circumstances unique to his property, not created by the landowner; and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute a hardship if a reasonable use for the property exists under terms of the official controls. Subd. 17. Height of building. "Height of building" means the vertical distance between the highest adjoining ground level at the building or ten feet above the lowest ground level, whichever is lower, and the highest point of a flat roof or average height of the highest gable of a pitch or hipped roof. Subd. 18. Industrial use. "Industrial use" means the use of land or buildings for the production, manufacture, warehousing, storage, or transfer of goods, products, commodities, or other wholesale items. Subd. 19. Intensive vegetation clearing. "Intensive vegetation clearing" means the complete removal of trees or shrubs in a contiguous patch, strip, row, or block. Subd. 20. Lot. "Lot" means a designated parcel, tract or area of land established by plat, subdivision, or as otherwise permitted by law, to be used developed or built upon as a unit. Subd. 21. Lot width. "Lot width" means the shortest distance between lot lines measured at the midpoint of the building line. Subd. 22. Nonconforming Use. "Nonconforming use" means any legal use, structure or parcel of land already in existence, recorded, or authorized before the adoption of official controls or amendments thereto that would not have been permitted to become established under the terms of the official controls as now written, if the official controls had been in effect prior to the date it was established, recorded or authorized. Page 4 DRAFT Revised 1/5/95, 3/1/95, 3/24/95 Subd. 23. Open Space. Undeveloped land of the subdivided property providing visual expanses and recreational areas clear of obstructions other than natural vegetation, or structures directly related to the use and enjoyment of these spaces. Open spaces may include natural habitats, places for neighborhood recreation, and pedestrian corridors. Subd. 24. Ordinary high water level. "Ordinary high water level" means the boundary of public waters and wetlands, and shall be an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. Subd. 25. Planned development overlay. "Planned development overlay" means a type of development characterized by a unified site design for a number of dwelling units or dwelling sites on a parcel, whether for sale, rent, or lease, and also usually involving clustering of these units or sites to provide areas of common open space, density increase, and a mix of structure types and land uses. These developments may be organized and operated as condominiums, time-share condominiums, cooperatives, full fee ownership, commercial enterprises, or any combination of these, or cluster subdivisions of dwelling units, residential condominiums, townhouses, apartment buildings, campgrounds, recreational vehicle parks, resorts, hotels, motels, and conversions of structures and land uses to these uses. Subd. 26. Public waters. "Public waters" means any waters as defined in Minnesota Statutes, section 105.37, subdivisions 14 and 15. Subd. 27. Residential planned development overlay. "Residential planned development overlay" means a use where the nature of residency is nontransient and the major or primary focus of the development is not service-oriented. For example, residential apartments, manufactured home parks, time-share condominiums, townhouses, cooperatives, and full fee ownership residences would be considered as residential planned development overlays. To qualify as a residential planned development overlay, a development must contain at least five dwelling units or sites. Subd. 28. Semipublic use. "Semipublic use" means the use of land by a private, nonprofit organization to provide a public service that is ordinarily open to some persons outside the regular constituency of the organization. Subd. 29. Sensitive resource management. "Sensitive resource management" means the preservation and management of areas unsuitable for development in their natural state due to constraints such as shallow soils over groundwater or bedrock, highly erosive or expansive soils, steep slopes, susceptibility to flooding, or occurrence of flora or fauna in need of special protection. Subd. 30. Setback. "Setback" means the minimum horizontal distance between a structure, sewage treatment system, or other facility and an ordinary high water level, sewage treatment system, road, highway, property line, or other facility. Page 5 DRAFT Revised 1/5/95, 3/1/95, 3/24/95 Subd. 31. Sewage treatment system. "Sewage treatment system" means a septic tank and soil absorption system or other individual or cluster type sewage treatment system as described and regulated in Section 1102.11 of this ordinance. Subd. 32. Sewer system. "Sewer system" means pipelines or conduits, pumping stations, and force main, and all other construction, devices, appliances, or appurtenances used for conducting sewage or industrial waste or other wastes to a point of ultimate disposal. Subd. 33. Shore impact zone. "Shore impact zone" means land located between the ordinary high water level of a public water and a line parallel to it at a setback of 50 percent of the structure setback. Subd. 34. Shoreland. "Shoreland" means land located within 1,000 feet from the ordinary high water level of the lakes and land located within 300 feet from the streams classified in Section 1102.05 or the landward extent of a floodplain designated by ordinance on a river or stream, whichever is greater. The limits of shorelands may be reduced whenever the waters involved are bounded by topographic divides which extend landward from the waters for lesser distances and when approved by the Comissioner. Subd. 35. Significant historic site. "Significant historic site" means any archaeological site, standing structure, or other property that meets the criteria for eligibility to the National Register of Historic Places or is listed in the State Register of Historic Sites, or is determined to be an unplatted cemetery that falls under the provisions of Minnesota Statutes, Section 307.08. An historic site meets these criteria if it is presently listed on either register or if it is determined to meet the qualifications for listing after review by the Minnesota state archaeologist or the director of the Minnesota Historical Society. All unplatted cemeteries are automatically considered to be significant historic sites. Subd. 36. Steep slope. "Steep slope" means land where development is either not recommended or described as poorly suited due to slope steepness and the site's soil characteristics as mapped and described in available county soil surveys or other reports, unless appropriate design and construction techniques and farming practices are used in accordance with the provisions of this ordinance. Where specific information is not available, steep slopes are lands having average slopes over 12 percent, as measured over horizontal distances of 50 feet or more that are not bluffs. Subd. 37. Structure. "Structure" means any building or appurtenance, including decks, mobile homes, docks and boat launches, except aerial or underground utility lines, such as sewer, electric, telephone, telegraph, gas lines, towers, poles, and other supporting facilities. Subd. 38. Subdivision. "Subdivision" means land that is divided for the purpose of sale, rent, or lease, including planned developments overlays. Subd. 39. Surface water -oriented commercial use. "Surface water -oriented commercial use" means the use of land for commercial purposes, where access to and use of a surface water Page 6 DRAFT 1 Revised 1/5/95, 3/1/95, 3/24/95 feature is an integral part of the normal conductance of business. Marinas, resorts, and restaurants with transient docking facilities are examples of such use. Subd. 40. Water -oriented accessory structure or facility. "Water -oriented accessory structure or facility" means a small, above ground building or other improvement, except stairways, fences, docks, and retaining walls, which, because of the relationship of its use to a surface water feature, reasonable needs to be located closer to public waters than the normal structure setback. Examples of such structures and facilities include boathouses, gazebos, screen houses, fish houses, pump houses, and detached decks. 1102.04 Administration. Subdivision 1. Permits Required A. Permit Required. A building permit is required for the construction of buildings or building additions (including such related activities as construction of decks and signs), the installation and/or alteration of sewage treatment systems, and a grading permit for those grading and filling activities not exempted by Section 1102.09 of this ordinance. Application for a permit shall be made to the Zoning Administrator on forms provided. The application shall include the necessary information so that the Zoning Administrator can determine the site's suitability for the intended use and that a compliant sewage treatment system will be provided. B. A building permit authorizing an addition to an existing structure shall stipulate that an identified nonconforming sewage treatment system, as defined in Section 1102.11, shall be reconstructed or replaced in accordance with the provisions of this ordinance. Subd. 2. Certificate of Zoning Compliance. The Zoning Administrator shall issue a certificate of zoning compliance for each activity requiring a permit as specified in 1102.04, Subd. 1 of this ordinance. This certificate will specify that the use of land conforms to the requirements of this ordinance. Any use, arrangement, or construction at variance with that authorized by permit shall be deemed a violation of this ordinance and shall be punishable as provided in 1102.02, Subd. 3 of this ordinance. 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. Page 7 DRAFT Revised 1/5/95, 3/1/95, 3/24/95 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. 1102.05 Shoreland Overlay District Subdivision 1. Establishment of Shoreland Overlay District. The public waters of the City of Lino Lakes have been classified consistent with the criteria found in Minnesota Regulations, Part 6120.3300. The Shoreland Overlay District for the waterbodies listed below is that land within 1,000 feet of the ordinary high water level of the lakes, and 300 feet from a river or stream as shown on the Official Zoning Map. A. Natural Environment Lakes Protected Water Inventory I.D.# Unnamed 2-1 Peltier Lake 2-4 George Watch Lake 2-5 Marshan Lake 2-7 Rice Lake 2-8 Wards Lake 2-10 Sherman Lake 2-11 Cedar Lake 2-12 Page 8 DRAFT Revised 1/5/95, 3/1/95, 3/24/95 Amelia Lake 2-14 Rondeau Lake 2-15 Wilkinson Lake 62-43 B. Recreational Development Lakes Protected Water Inventory I.D.# Otter Lake 2-3 Centerville Lake 2-6 Reshanau Lake 2-9 Baldwin Lake 2-13 C. General Development Lake Protected Water Inventory I.D.# Bald Eagle Lake 62-2 Protected Watercourse D. Tributary Rivers and Streams Legal Description Rice Creek From Basin 740 to Basin 13 Hardwood Creek From T31N, R22W, Sect. 12 to Basin 4 Subd. 2. Establishment of Official Zoning Map. The Official Zoning Map, together with all materials attached thereto is hereby adopted by reference and declared to be a part of this ordinance. The attached material shall include the Protected Waters Inventory Map for Anoka County. The Official Zoning Map shall be on file in the Office of the Zoning Administrator. Subd. 3. Land Use District Descriptions. A. Criteria for Designation. The land use districts in B below and the delineation of a land use district's boundaries on the Official Zoning Map, must be consistent with the goals, policies, and objectives of the comprehensive land use plan. B. Land Use District Descriptions. The land use districts and the allowable land uses therein for the given classifications of waterbodies, shall be properly delineated on the Official Zoning Map for the shorelands of the City of Lino Lakes. The designated land use districts shall be in conformance with the criteria specified in Minnesota Regulation, Part 6120.3200, Subp. 3. 1102.06 Shoreland Overlay District Uses Subdivision 1. Permitted Uses. The permitted uses in the Shoreland Overlay District are those uses allowed and regulated by the applicable underlying zoning district as indicated on the Page 9 DRAFT Revised 1/5/95, 3/1/95, 3/24/95 Official Zoning Map of the City of Lino Lakes. Subd. 2. Conditional Uses. A. The conditional uses in the Shoreland Overlay District are those uses allowed and regulated on a conditional basis by the applicable underlying zoning district as indicated on the Official Zoning Map of the City of Lino Lakes. B. Boathouses. C. Evaluation Criteria. A thorough evaluation of the waterbody and the topographic, vegetation and soils conditions on the site must be made to ensure: 1. the prevention of soil erosion or other possible pollution of public waters, both during and after construction in accordance with Chapter 1101 and 1105 of the City Code; 2. the visibility of structures and other facilities as viewed from public waters is limited; 3. the site is adequate for water supply and on-site sewage treatment; and 4. the types, uses and numbers of watercraft that the project will generate are compatible in relation to the suitability of public waters to safely accommodate these watercraft. D. Conditions attached to conditional use permits. The City of Lino Lakes, upon consideration of the criteria listed above and the purposes of this ordinance, shall attach such conditions to the issuance of the conditional use permits as it deems necessary to fulfill the purposes of this ordinance and Section 5, Subd. 5 of the City Zoning Ordinance. Such conditions may include, but are not limited to, the following: 1. increased setbacks from the ordinary high water level; 2 limitations on the natural vegetation to be removed or the requirement that additional vegetation be planted; and 3. special provisions for the location, design, and use of structures, watercraft launching and docking areas, and vehicle parking areas. E. The City Council shall hear and decide applications for conditional uses permissible under this ordinance in accordance with Conditional Use Permit approval process of the City Code. Subd. 3. Permitted Accessory Uses. Page 10 DRAFT Revised 1/5/95, 3/1/95, 3/24/95 A. The permitted accessory uses in the Shoreland Overlay District are those uses allowed and regulated as accessory uses by the applicable underlying zoning district as indicated on the Official Zoning Map of the City of Lino Lakes. B. Water -oriented accessory structures are permitted when constructed in accordance with the design criteria of Section 1102.07, Subd. 2B. C. Dock and boat launches are permitted provided they are constructed on the same lot as the principal structure. Subd. 4. Prohibited Uses. Any uses which are not permitted or conditional uses as regulated by the applicable underlying zoning district as indicated on the Official Zoning Map are not permitted. 1102.07 Zoning and Water Supply/Sanitary Provisions Subdivision 1. Lot Area and Width Standards. The following standards shall apply to all lots within the Shoreland Overlay District provided that the resulting total development density in the shoreland area does not exceed the total City-wide shoreland density allowed based on State of Minnesota shoreland standards. The City, in its evaluation of any development, shall evaluate the proposed development in light of the development capacity of the City-wide Shoreland Overlay District. Where the requirements of the underlying zoning district are more or less restrictive than those set forth herein, the more restrictive standards shall apply. A. Residential (R-1, R -1X, R-2, R-3, R-4) Zoning Districts. 1. Lot Area Per Unit a. Unsewered* NE RD GD T 10 acres 10 acres 10 acres 10 Acres b. Sewered Abutting Single Family 20,000 20,000 20,000 Two Family/ Duplex 8,775 8,775 8,775 Triplex/Quad/ Townhome 6,000 6,000 6,000 c. Sewer Non -Abutting Single Family 10,800 10,800 10,800 Two Family/ Duplex 8,775 8,775 8,775 Triplex/Quad/ Townhome 5,000 5,000 5,000 2. Lot Width/Base Lot*** Page 11 ** ** DRAFT Revised 1/5/95, 3/1/95, 3/24/95 a. Unsewered* 330 330 330 330 b. Sewered Abutting Single Family 80 80 80 80 Two Family/ Duplex 130 130 130 130 Triplex/Quad/ Townhome 130 130 130 130 c. Sewered Non -Abutting Single Family 80 80 80 130 Two Family/ Duplex 130 130 130 130 Triplex/Quad/ Townhome 130 130 130 130 B. Commercial and Industrial (NB, LB, GB, CB, SC, LI, GI) Zoning Districts. NE 1. Lot Area a. Unsewered 1 acre b. Sewered Abutting Commercial 1 acre Industrial 1 acre c. Sewered Non -Abutting Commercial ** Industrial 1 acre 2. Lot Widths*** RD GD T 1 acre 1 acre 1 acre ** 1 acre 1 acre 1 acre 1 acre 1 acre ** ** ** 1 acre 1 acre a. Unsewered Commercial 100 100 100 100 Industrial 150 150 150 150 b. Sewered Abutting Commercial 100 100 100 100 Industrial 150 150 150 150 c. Sewered Non -Abutting Commercial ** ** ** ** Industrial 150 150 150 150 Page 12 DRAFT Revised 1/5/95, 3/1/95, 3/24/95 * Lot size requirement in unsewered area are delineated in Section 4, Subdivision 17 and Section 6, Subdivisions 2 and 3. ** Lot area and width requirements along rivers in sewered areas and commercial zoning districts in sewered areas will be delineated by the standards of the base zoning districts. *** Lot widths shall be measured at both the front building setback line and at the setback from the ordinary high water level. C. Additional Special Provisions. 1. Only land above the ordinary high water level of public waters and outside existing watercourses can be used to meet the lot area standards. 2. The shoreland lot width standards must be met at both the ordinary high water level and the building setback line. 3. All single family, two family, triplex, quadraminium, townhouse, commercial and industrial subdivisions must provide a grading and drainage plan for review and approval of the City Engineer and Rice Creek Watershed District. The grading and drainage plan shall include: a. Compliance for the impervious surface standards of the respective zoning district. b. The subdivision or lot development shall provide for the collection and treatment of storm water in compliance with the Lino Lakes local Storm Water Management Plan if determined that the site improvements will result in increased runoff directly entering a public water. All grading and drainage plans shall require review and approval by the City Engineer and the Rice Creek Watershed District. c. Measures to be taken for the treatment of storm water runoff and/or prevention of storm water from directly entering a public water. The measures may include, but not be limited to the following: 1. Appurtenances as sedimentation basins, debris basins, desilting basins or silt traps. 2. Installation of debris guards and microsilt basins on storm sewer inlets. 3. Use where necessary, oil skimming devices or sump catch basins. 4. Direct drainage away from the lake and into pervious, grassed, yards through site grading, use of gutters and downspouts. Page 13 DRAFT Revised 1/5/95, 3/1/95, 3/24/95 5. Construct sidewalks and driveways of partially pervious raised materials such as decking which has natural earth or other previous material beneath or between the planking. 6. Use grading and construction techniques which encourage rapid infiltration, e.g. sand and gravel under impervious materials with adjacent infiltration swales graded to lead into them. 7. Install berms, water bars, or terraces which temporarily detain water before dispersing it into pervious area. 4. Impervious surface coverage of lots must not exceed the following percentages of lot area: NE RD GD R Single Family Residential 30% 30% 30% 30% Two Family/Duplex 30% 30% 30% 30% Triplex/Quad/Townhomes 35 % 35 % 35 % 35 % Commercial/Industrial 60% 60% 60% 60% 5. Medium density residential,commercial, and industrial structures, parking areas, and other facilities shall be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks, or color, assuming summer, leaf -on conditions. Vegetative and topographic screening shall be preserved, if existing, or may be required to be provided. 6. Accessory structures and facilities shall meet the required principal structure setback and shall be centralized. 7. Multiple family developments shall contain open space meeting the following criteria: a. At least thirty-five (35) percent of the total development area shall be preserved as open space. b. Dwelling units or sites, land covered by road surfaces, parking areas, or structures are developed areas and shall not be included in the computation of minimum open space. c. Open space shall include areas with physical characteristics unsuitable for development in their natural state, and areas containing significant historic sites or unplatted cemeteries. d. The shore impact zone, based on normal structure setbacks, shall be included as open space. At least fifty (50) percent of the shore impact zone area of existing developments or at least seventy (70) percent of the shore impact Page 14 DRAFT Revised 1/5/95, 3/1/95, 3/24/95 zone area of new developments shall be preserved in its natural or existing state. 8. Residential subdivisions exceeding those permitted by the lot area standards of Section 1102.07 can only be allowed if designed and approved as a residential planned unit development under Section 1102.13 of this Ordinance. Subd. 2. Placement, Design, and Height of Structures. A. Placement of Structures on Lots. When more than one setback applies to a site, structures and facilities must be located to meet all setbacks. Where structures exist on the adjoining lots on both sides of a proposed building site, structure setbacks may be altered without a variance to conform to the adjoining setbacks from the ordinary high water level, provided the proposed building site is not located in a shore impact zone. Structures shall be located as follows. 1. Structure and On-site Sewage System Setbacks (in feet) from Ordinary High Water Level. Sewage Classes of Structures Treatment Public Waters Unsewered Sewered System Lakes Natural Environment 150 150 150 Recreational Development 100 75 75 General Development 75 50 50 Rivers and Streams 100 50 75 One water -oriented accessory structure exclusive of one dock and lake access Per individual lot, designed in accordance with Section 1102.07, Subd. 2B of this ordinance may be set back a minimum distance of ten (10) feet from the ordinary high water level. 2. Additional Structure Setbacks. The following additional structure setbacks apply, regardless of the classification of the water body: Setback From: Setback (in feet) a. top of bluff 30 b. unplatted cemetery; 50 c. right-of-way line of federal, state, 40 or county highway; and d. right-of-way line of a town road, 30 Page 15 DRAFT Revised 1/5/95, 3/1/95, 3/24/95 public street or other roads or streets not classified. 3. Uses Without Water -oriented Needs. Uses without water -oriented needs must be substantially screened from view from the water by vegetation or topography, assuming summer, leaf -on conditions. 4. Exceptions to Structure Setback Requirements. a. Accessory structures may be located in the front yard of lakeshore properties upon approval of a riparian lot variance. B. Design Criteria for Structures. 1. High Water Elevations. a. Structures must be placed with the lowest floor three feet above the (OHW) Ordinary High Water Level in accordance with the Local Water Management Plan for the City of Lino Lakes. b. Water -oriented structures may have the lowest floor placed lower than the elevation determined in the Local Water Management Plan if the structure is constructed of flood -resistant materials to the elevation, electrical and mechanical equipment is placed above the elevation and, if long duration flooding is anticipated, the structure is built to withstand ice action and wind - driven waves and debris. 2. Water -oriented Accessory Structures. Each lot may have one water -oriented accessory structure not meeting the normal structure setback in 1102.07, Subd. 2A of this ordinance if this water -oriented structure complies with the following provisions: a. the structure or facility must not exceed ten feet in height, exclusive of safety rails, and cannot occupy an area greater than 250 square feet. Detached decks must not exceed eight feet above grade at any point; b. the setback of the structure or facility from the ordinary high water level must be at least ten (10) feet; c. the structure or facility must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks or color, assuming summer, leaf -on conditions; d. the roof may be used as a deck with safety rails, but must not be enclosed or used as a storage area; Page 16 DRAFT Revised 1/5/95, 3/1/95, 3/24/95 e. the structure or facility must not be designed or used for human habitation and must not contain water supply or sewage treatment facilities; and f. within the shoreland areas of general development and recreational development waterbodies, water -oriented accessory structures used solely for watercraft storage, and including storage or related boating and water -oriented sporting equipment, may occupy an area up to 400 square feet provided the maximum width of the structure is 20 feet as measured parallel to the configuration of the shoreline. 3. Stairways, Lifts, and Landings. Stairways and lifts are the preferred alternative to major topographic alterations for achieving access up and down steep slopes to shore areas. Stairways and lifts must meet the following design requirements: a. stairways and lifts must not exceed four feet in width on residential lots. Wider stairways may be used for commercial properties, public open -space recreational properties and planned development overlays; b. landings for stairways and lifts on residential lots must not exceed 32 square feet in area. Landings larger than 32 square feet may be used for commercial properties, public open -space recreational properties and planned development overlays; c. canopies or roofs are not allowed on stairways, lifts, or landings; d. stairways, lifts, and landings may be either constructed above the ground on posts or pilings, or placed into the ground, provided they are designed and built in a manner that ensures control of soil erosion; e. stairways, lifts, and landings must be located in the most visually inconspicuous portions of lots, as viewed from the surface of the public water assuming summer, leaf -on conditions, whenever practical; and f. facilities such as ramps, lifts, mobility paths for physically handicapped persons are also allowed for achieving access to shore areas, provided that the dimensional and performance standards of subitems (1) to (5) or complied with in addition to the requirements of Minnesota Regulations, Chapter 1340. 4. Significant Historic Sites. No structure may be placed on a significant historic site in a manner that affects the values of the site unless adequate information about the site has been removed and documented in a public repository. 5. Steep Slopes. The Zoning Administrator must evaluate possible soil erosion impacts and development visibility from public waters before issuing a permit for construction of sewage treatment systems, roads, driveways, structures, or other improvements on steep slopes. When determined necessary, conditions must be Page 17 DRAFT Revised 1/5/95, 3/1/95, 3/24/95 attached to issued permits to prevent erosion and to preserve existing vegetation screening of structures, vehicles, and other facilities as viewed from the surface of public waters, assuming summer, leaf -on vegetation. C. Height of Structures. All structures shall not exceed 36' in height, except churches and nonresidential agricultural structures. 1102.08 Nonconformities. All legally established nonconformities as of the date of this ordinance may continue, but they will be managed according to applicable state statutes and other regulations of the City of Lino Lakes for the subjects of alterations and additions, repair after damage, discontinuance of use, and intensification of use; except that the following standards will also apply in the Shoreland Overlay District. Subdivision 1. Construction on nonconforming lots of record. A. Lots of record in the Office of the County Recorder prior to the date of enactment of this ordinance which do not meet the requirements of 1102.07, Subd. 1 may be allowed as building sites without variances from lot size requirements provided: 1. such use is permitted in the underlying zoning district, 2. the lot is and has been in separate ownership from abutting lands at all times since it became substandard, 3. the lot was created compliant with official controls in effect at the time, 4. all other dimensional requirements are complied with insofar as practical, and 5. sewage treatment and setback requirements of this ordinance are met. B. A variance from setback requirements must be obtained before any use or building permit is issued for a lot. In evaluating the variance, the City Council shall consider sewage treatment and water supply capabilities or constraints of the lot and shall deny the variance if adequate facilities cannot be provided. C. If, in a group of two or more contiguous lots under the same ownership, any individual lot does not meet the requirements of Section 1102.07, Subd. 1 of this ordinance the lot must not be considered as a separate parcel of land for the purposes of sale or development. The lot must be combined with the one or more contiguous lots so they equal one or more parcels of land, each meeting the requirements of Section 1102.07 of this ordinance as much as possible. Subd. 2. Additions/expansions to nonconforming structures. A. All additions or expansions to the outside dimensions of an existing nonconforming structure must meet the setback, height, and other requirements of this ordinance. Any Page 18 DRAFT Revised 1/5/95, 3/1/95, 3/24/95 deviation from these requirements must be authorized by a variance pursuant to 1102.04, Subd. 3. B. Deck additions may be allowed without a variance to a structure not meeting the required setback from the ordinary high water level if all of the following criteria and standards are met: 1. the structure existed on the date the structure setbacks were established; 2. a thorough evaluation of the property and structure reveals no reasonable location for a deck meeting or exceeding the existing ordinary high water level setback of the structure; 3. the deck encroachment toward the ordinary high water level does not exceed 15 percent of the existing setback of the structure from the ordinary high water level or does not encroach closer than 30 feet, whichever is more restrictive; and 4. the deck is constructed primarily of wood, and is not roofed or screened. Subd. 3. Nonconforming sewage treatment systems. A. A sewage treatment system not meeting the requirements of Section 1102.11 of this ordinance must be upgraded, at a minimum, at any time a permit or variance of any type is required for any improvement on, or use of, the property. For the purposes of this provision, a sewage treatment system shall not be considered nonconforming if the only deficiency is the sewage treatment system's improper setback from the ordinary high water level. B. The governing body of the City of Lino Lakes has by formal resolution notified the commissioner of its program to identify nonconforming sewage treatment systems. The City of Lino Lakes will require upgrading or replacement of any nonconforming system identified by this program within a reasonable period of time which will not exceed 2 years. Sewage systems installed according to all applicable local shoreland management standards adopted under Minnesota Statues, section 103F.211, in effect at the time of installation may be considered as conforming unless they are determined to be failing, except that systems using cesspools, leaching pits, seepage pits, or other deep disposal method, or systems with less soils treatment area separation above groundwater than required by the Minnesota Pollution Control Agency's Chapter 7080 for design of on-site sewage treatment systems shall be considered nonconforming. 1102.09 Shoreland Alterations. Alterations of vegetation and topography in the Shoreland Overlay District will be regulated to prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping, and protect fish and wildlife habitat. Subdivision 1. Vegetation Alterations. Page 19 DRAFT Revised 1/5/95, 3/1/95, 3/24/95 A. Vegetation alteration necessary for the construction of structures, sewage treatment systems, uses permitted in the underlying zoning district and the construction of roads and parking areas regulated by 1102.09, Subd. 3 of this ordinance are exempt from the vegetation alteration standards that follow. B. Removal or alteration of natural vegetation, except for agricultural and forest management uses as regulated in Section 1102.10, shall be restricted to prevent erosion into protected waters, to consume nutrients in the soil, and to preserve shoreland aesthetic. Removal of natural vegetation in the Shoreland Overlay District is allowed subject to the following standards: 1. Clear cutting of natural vegetation is prohibited. 2. Limited clearing of trees and shrubs and cutting, pruning, and trimming of trees is allowed to provide a view to the water from the principal dwelling site and to accommodate the placement of stairways and landings, picnic areas, access paths, beach and watercraft access areas, and permitted water -oriented accessory structures or facilities, provided that: a. the screening of structures, vehicles, or other facilities as viewed from the water, assuming summer, leaf -on conditions, is not substantially reduced; b. along rivers, existing shading of water surfaces is preserved; c. the above provision is not applicable to the removal of trees, limbs, or branches that are dead, diseased, or pose safety hazards. 3. Natural vegetation shall be restored insofar as feasible after any construction project is completed to retard surface runoff and soil erosion. 4. The provisions of this section shall not apply to permitted uses which normally require the removal of natural vegetation. Subd. 2. Topographic Alterations/Grading and Filling. A. Grading, filling and excavations necessary for the construction of structures, sewage treatment systems, driveways and other uses permitted in the underlying zoning district under validly issued construction permits for these facilities do not require the issuance of a separate grading and filling permit. However, the grading and filling standards in this Section must be incorporated into the issuance of permits for construction of structures, sewage treatment systems and driveways. B. Public roads and parking areas are regulated by Section 1102.09, Subd. 3 of this ordinance. C. Notwithstanding Items A and B above, a grading and filling permit, in accordance Page 20 DRAFT Revised 1/5/95, 3/1/95, 3/24/95 with Section 4, Subd. 33 of the City Zoning Ordinance, will be required for: 1. the movement of more than ten (10) cubic yards of material on steep slopes or within the shore impact zone; and 2. the movement of more than 50 cubic yards of material per acre. D. The following considerations and conditions must be adhered to during the issuance of construction permits, grading and filling permits, conditional use permits, variances and subdivision approvals: 1. Grading or filling in any wetland must be evaluated to determine the extent of impact to the functions and values of the wetland area in accordance with Section 1104 of the City Code. This evaluation must also include a determination of whether the wetland alteration being proposed requires permits, reviews, or approvals by other local, state, or federal agencies such as a watershed district, a local governmental unit, the Minnesota Department of Natural Resources, or the United States Army Corps of Engineers. The applicant will be so advised. 2. Alterations must be designed and conducted in a manner that ensures only the smallest amount of bare ground is exposed for the shortest time possible. Mulches or similar materials must be used, where necessary, for temporary bare soil coverage, and a permanent vegetation cover must be established as soon as possible; 3. Methods to minimize soil erosion and to trap sediments before they reach any surface water feature must be used. Altered areas must be stabilized to acceptable erosion control standards consistent with the field office technical guides of the Anoka County Soil and Water Conservation District and the United States Soil Conservation Service; 4. Fill or excavated material must not be placed in a manner that creates an unstable slope. Plans to place fill or excavated material on steep slopes must be reviewed by qualified professionals for continued slope stability and must not create finished sloped of 30 percent or greater; 5. Any alterations below the ordinary high water level of the waterbodies described in 1002.05, Subd. 1B must first be authorized by the Commissioner under Minnesota Statutes, Section 103G.245; 6. Alterations of topography must only be allowed if they are necessary to allow a defined permitted accessory or conditional use within the underlying zoning district and do not adversely affect adjacent or nearby properties; and 7. Placement of natural rock riprap, including associated grading of the shoreline Page 21 DRAFT Revised 1/5/95, 3/1/95, 3/24/95 and placement of a filter blanket, is permitted if the finished slope does not exceed three feet horizontal to one foot vertical, the landward extent of the riprap is within ten feet of the ordinary high water level, and the height of the riprap above the ordinary high water level does not exceed three feet. E. Connections to public waters. Excavations where the intended purpose is connection to a public water, such as boat slips, canals, lagoons, and harbors, must be controlled by local shoreland controls. Permission for excavations may be given only after the Commissioner has approved the proposed connection to public waters. Subd. 3. Placement And Design of Roads, Driveways, and Parking Areas. A. Public and private roads and parking areas must be designed to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters. Documentation must be provided by a qualified individual that all roads and parking areas are designed and constructed to minimize and control erosion to public waters consistent with the Lino Lakes Local Water Management Plan. B. Roads, driveways, and parking areas must meet structure setbacks and must not be placed within shore impact zones when other reasonable and feasible placement alternatives exist. If no alternatives exist, they may be placed within these areas, and must be designed to minimize adverse impacts. C. Public and private watercraft access ramps, approach roads, and access -related parking areas may be placed within shore impact zones provided the vegetative screening and erosion control conditions of this subpart are met. For private facilities, the grading and filling provisions of 1102.09, Subd 2 of this ordinance must be met. Subd. 4. Stormwater Management. A. Impervious surface coverage of lots must not exceed the impervious surface percentage of lot area outlined in Section 1102.07 C4 of this ordinance. B. When possible, existing natural drainageways, wetlands and vegetated soil surfaces must be used to convey, store, filter, and retain stormwater runoff before discharge to public waters. C. Development must be planned and conducted in a manner that will minimize the extent of disturbed areas, runoff velocities, erosion potential, and reduce and delay runoff volumes. Disturbed areas must be stabilized and protected as soon as possible and facilities or methods used to retain sediment on the site. D. When development density, topographic features, and soil and vegetation conditions are not sufficient to adequately handle stormwater runoff using natural features and vegetation, various types of constructed facilities such as diversions, settling basins, skimming devices, dikes, waterways, and ponds may be used. Preference must be given to Page 22 DRAFT Revised 1/5/95, 3/1/95, 3/24/95 designs using surface drainage, vegetation, and infiltration rather than buried pipes and man- made materials and facilities. Residential, commercial and industrial subdivisions and site plans shall provide for the collection and treatment of storm water in compliance with the City Storm Water Management Plan if determined that the site improvements will result in increased runoff directly entering a public water. All grading and drainage plans shall require review and approval by the City Engineer and the Rice Creek Watershed District. E. When constructed facilities are used for stormwater management, documentation must be provided by a qualified individual that they are designed and installed consistent with the Lino Takes Local Water Management Plan. F. Newly constructed stormwater outfalls to public waters must provide for filtering or settling of suspended solids and skimming of surface debris before discharge. 1102.10 Special Provisions for Commercial, Industrial, Public/Semipublic, Agricultural, Forestry and Extractive Uses and Mining of Metallic Minerals and Peat. Subdivision 1. Standards for Commercial, Industrial, Public and Semipublic Uses. Surface water -oriented commercial uses and industrial, public, or semipublic uses with similar needs to have access to and use of public waters may be located on parcels or lots with frontage on public waters. Those uses with water -oriented needs must meet the following standards: A. in addition to meeting impervious coverage limits, setbacks, and other zoning standards in this ordinance, the uses must be designed to incorporate topographic and vegetative screening of parking areas and structures; B. uses that require short-term watercraft mooring for patrons must centralize these facilities and design them to avoid obstructions of navigation and to be the minimum size necessary to meet the need; and C. uses that depend on patrons arriving by watercraft may use signs and lighting to convey needed information to the public, subject to the following standards: 1. No advertising signs or supporting facilities for signs may be placed in or upon public waters. Signs conveying information or safety messages may be placed in or on public waters by a public authority or under a permit issued by the Anoka County Sheriff; 2. Signs may be placed, when necessary, within the shore impact zone if they are designed and sized to be the minimum necessary to convey needed information. They must only convey the location and name of the establishment and the general types of goods or services available. The signs must not contain other detailed information such as product brands and prices, must not be located higher than ten feet above the ground, and must not exceed 32 square feet in size. If illuminated by artificial lights, the lights must be shielded or directed to prevent Page 23 DRAFT Revised 1/5/95, 3/1/95, 3/24/95 illumination out across public waters; and 3. Other outside lighting may be located within the shore impact zone or over public waters if it is used primarily to illuminate potential safety hazards and is shielded or otherwise directed to prevent illumination out across public waters. This does not preclude use of navigational lights. Subd. 2. Agriculture Use Standards. A. General cultivation farming, grazing, nurseries, horticulture, truck farming, sod farming, and wild crop harvesting are permitted uses if steep slopes and shore impact zones are maintained in permanent vegetation or operated under an approved conservation plan consistent with the Lino Lakes Local Water Management Plan, as provided by a qualified individual or agency. The shore impact zone for parcels with permitted agricultural land uses is equal to a line parallel to and 50 feet from the ordinary high water level. B. Animal feedlots must meet the following standards: 1. new feedlots must not be located in the shoreland of watercourses and must meet a minimum setback of 300 feet from the ordinary high water level of all public waters basins; and 2. modifications or expansions to existing feedlots that are located within 300 feet of the ordinary high water level are allowed if they do not further encroach into the existing ordinary high water level setback. Subd. 3. Forest Management Standards. The harvesting of timber and associated reforestation must be conducted consistent with the provisions of the Minnesota Nonpoint Source Pollution Assessment -Forestry and the provisions of Water Quality in Forest Management "Best Management Practices in Minnesota." Subd. 4. Extractive Use Standards. A. Site Development and Restoration Plan. An extractive use site development and restoration plan must be developed, approved, and followed over the course of operation of the site. The plan must address dust, noise, possible pollutant discharges, hours and duration of operation, and anticipated vegetation and topographic alterations. It must also identify actions to be taken during operation to mitigate adverse environmental impacts, particularly erosion, and must clearly explain how the site will be rehabilitated after extractive activities end. B. Setbacks for Processing Machinery. Processing machinery must be located consistent with setback standards for structures from ordinary high water levels of public waters. Subd. 5. Mining of Metallic Minerals and Peat. Mining of metallic minerals and peat, Page 24 DRAFT Revised 1/5/95, 3/1/95, 3/24/95 as defined in Minnesota Statutes, section 93.44 to 93.51, shall be a permitted use provided the provisions of Minnesota Statutes, section 93.44 to 93.51 are satisfied. 1102.11 Water Supply and Sewage Treatment Subdivision 1. Water Supply. Any public or private supply of water for domestic purposes must meet or exceed standards for water quality of the Minnesota Department of Health and the Minnesota Pollution Control Agency. Subd. 2. Sewage treatment. Any premises used for human occupancy must be provided with an adequate method of sewage treatment as follows: A. Publicly -owned sewer systems must be used in accordance with Chapter 402 of the City Code. Any new buildings used for human habitation or human occupancy, including businesses, located on property adjacent to a sewer main, or in a block through which the system extends, shall be connected to the municipal sanitary sewer system. B. All private sewage treatment systems must meet or exceed the Minnesota Pollution Control Agency's standards for individual sewage treatment systems contained in the document titled, "Individual Sewage Treatment Systems Standards, Chapter 7080", a copy of which is hereby adopted by reference and declared to be a part of this ordinance. C. On-site sewage treatment systems must be set back from the ordinary high water level in accordance with the setbacks contained in 1102.07 of this ordinance. D. All proposed sites for individual sewage treatment systems shall be evaluated in accordance with the criteria in subitems 1-4. If the determination of a site's suitability cannot be made with publicly available, existing information, it shall then be the responsibility of the applicant to provide sufficient soil borings and percolation tests from on- site field investigations. Evaluation criteria: 1. depth to the highest known on calculated ground water table or bedrock; 2. soil conditions, properties and permeability; 3. slope; and 4. the existence of lowlands, local surface depressions, and rock outcrops. E. Nonconforming sewage treatment systems shall be regulated and upgraded in accordance with section 1102.08, Subd. 3 of this ordinance. 1102.12 Subdivision/Platting Provisions Page 25 DRAFT Revised 1/5/95, 3/1/95, 3/24/95 Subdivision 1. Land suitability. Each lot created through subdivision, including planned development overlays authorized under 1102.13 of this ordinance, must be suitable in its natural state for the proposed use with minimal alteration. Suitability analysis by the City Council shall consider susceptibility to flooding, existence of wetlands, soil and rock formations with severe limitations for development, severe erosion potential, steep topography, inadequate water supply or sewage treatment capabilities, near -shore aquatic conditions unsuitable for water-based recreation, important fish and wildlife habitat, presence of significant historic sites, or any other feature of the natural land likely to be harmful to the health, safety, or welfare of future residents of the proposed subdivision or of the community. Subd. 2. Consistency with other controls. Subdivisions must conform to all official controls of this community. A subdivision will not be approved where a later variance from one or more standards in official controls would be needed to use the lots for their intended purpose. In areas not served by publicly owned sewer and water systems, a subdivision will not be approved unless domestic water supply is available and a sewage treatment system consistent with Sections 1102.07, Subd. 2 and 1102.11 can be provided for every lot. Each lot shall meet the minimum lot size and dimensional requirements of Section 1102.07, Subd. 1 including at least a minimum contiguous lawn area, that is free of limiting factors sufficient for the construction of two standard soil treatment systems. Lots that would require use of holding tanks shall not be approved. 1102.13 Shoreland Planned Development Overlay Subdivision 1. Types of PDO's Permissible. Shoreland Planned Development Overlays as defined in Section 1102.03 of this Ordinance are allowed for new projects on undeveloped land, redevelopment of previously built sites, or conversions of existing buildings and land. Subd. 2. Processing of Shoreland PDO's. Planned Development Overlays shall be processed as a conditional use permit in accordance with Section 5, Subd. 5 and Section 6, Subd. 20 of the Lino Lakes Zoning Ordinance as well as the performance standards outlined herein. Subd. 3. Application for a PDO. The application for a PDO/CUP must submit the following documents in addition to documents required by Section 5, Subd. 5 and Section 6, Subd. 5 of the Lino Lakes Zoning Ordinance, prior to final action being taken on the application request: A. A site plan and/or plat for the project showing locations of property boundaries, surface water features, existing and proposed structures and other facilities, land alterations, sewage treatment and water supply systems where public systems will not be provided, and topographic contours at ten (10) foot intervals or less. When a PDO is a combined commercial and residential development, the site plan and/or plat must indicate and distinguish which buildings and portions of the project are residential, commercial or a combination of the two. B. A property owners association agreement (for residential PDO's) with mandatory Page 26 DRAFT Revised 1/5/95, 3/1/95, 3/24/95 membership, and all in accordance with the requirements of Section 1102.13, Subd. 6 of this ordinance. C. Deed restrictions, covenants, permanent easements or other instruments that: 1. properly address future vegetative and topographic alterations, construction of additional buildings, beaching of watercraft, and construction of commercial buildings in residential PDO's; and 2. ensure the long-term preservation and maintenance of open space in accordance with the criteria and analysis specified in Section 1102.13, Subd. 6 of this ordinance. D. When necessary, a master plan/drawing describing the project and the floor plan for all commercial structures to be occupied. E. Those additional documents as requested by the City of Lino Lakes that are necessary to explain how the PDO will be designed and will function. Subd. 4. Site "Suitable Area" Evaluation. Suitable area for development within a shoreland planned overlay districts (PDOs) shall exclude all wetland, watercourses, land below the ordinary high water level of public waters, public street rights-of-way, and public parks. This suitable area and the proposed project are subject to PDO performance standards governing density and design. A. All PDOs must have access to public sanitary sewer and water. B. Lot area and width standards. The following lot are per unit standards shall apply to all PDOs within the Shoreland Overlay District provided that the resulting total development density in the shoreland area does not exceed the total City-wide shoreland density allowed based on State of Minnesota shoreland standards. The City, in its evaluation of any PDO, shall evaluate the proposed PDO density in light of the development capacity of the City-wide Shoreland Overlay District. Where the requirements of the underlying zoning district are more or less restrictive than those set forth herein, the more restrictive standards shall apply. 1. Residential (R-3, R-4 Zoning Districts) NE RD GD T a. Lot Area: Townhomes 5,000 5,000 5,000 5,000 Apartments/ Condominiums 2,900 2,900 2,900 2,900 b. Lot Width: Townhomes 150 130 130 130 Page 27 DRAFT Revived 1/5/95, 3/1/95, 3/24/95 Apartments/ Condominiums 150 130 130 130 c. Setbacks: 1. OHWL 200 feet 2. Setback from Streets: a. Right -of -Way Line of Federal, State or County Highway 40 feet b. Local Street 30 feet 3. Side Yard Setback 20 feet 4. Setback Between Buildings on Multiple Building Site 35 feet 5. Bluff Setback 50 feet C. Maintenance and Administration Requirements. 1. Before final approval of a planned development overlay, adequate provisions must be developed for preservation and maintenance in perpetuity of open spaces and for the continued existence and functioning of the development. 2. Open Space Preservation. Deed restrictions, covenants, permanent easements, public dedication and acceptance, or other equally effective and permanent means must be provided to ensure long-term preservation and maintenance of open space. The instruments must include all of the following protections: a. Commercial uses prohibited (for residential PDO's). b. Vegetation and topographic alterations other than routine maintenance prohibited. c. Construction of additional buildings or storage of vehicles and other materials prohibited. d. Uncontrolled beaching of watercraft prohibited. 3. Development Organization and Functioning. Unless an equally effective alternative community framework is established, when applicable, all residential planned unit developments must use an owners association with the following features: a. Membership must be mandatory for each dwelling unit or site purchaser and any successive purchasers. b. Each member must pay a pro rata share of the association's expenses, and unpaid assessments can become liens on units or sites. Page 28 DRAFT Revised 1/5/95, 3/1/95, 3/24/95 c. Assessments must be adjustable to accommodate changing conditions. d. The association must be responsible for insurance, taxes, and maintenance of all commonly owned property and facilities. D. Open Space Requirements. Planned development overlays must contain open space meeting of the following criteria: 1. At least fifty (50) percent of the total project area must be preserved as open space. 2. Dwelling units or sites, road rights-of-way, or land covered by road surfaces, parking areas, or structures, except water -oriented accessory structures or facilities are developed areas and shall not be included in the computation of minimum open space. 3. Open space must include areas with physical characteristics unsuitable for development in their natural state, and areas containing significant historic sites or unplatted cemeteries. 4. Open space may include outdoor recreational facilities for use by owners of dwelling units or sites, by guests staying in commercial dwelling units or site, and by the general public. 5. Open space must not include commercial facilities or uses, but may contain water -oriented accessory structures or facilities. 6. The appearance of open space areas, including topography, vegetation, and allowable uses, must be preserved by use of restrictive deed covenants, permanent easements, public dedication and acceptance, or other equally effective and permanent means. 7. The shore impact zone, based on normal structure setbacks, must be included as open space. For residential PDO's, at least fifty (50) percent of the shore impact zone area of existing developments or at least seventy (70) percent of the shore impacts zone area of new developments must be preserved in its natural or existing state. For commercial PDO's, at least fifty (50) percent of the shore impact zone must be preserved in its natural state. E. Erosion Control and Stormwater Management. Erosion control and stormwater management plans must be developed and the PDO must: 1. Be designed, and the construction managed, to minimize the likelihood of serious erosion occurring either during or after construction. This must be accomplished by limiting the amount and length of time or bare ground exposure. Temporary ground covers, sediment entrapment facilities, vegetated buffer strips, or other Page 29 DRAFT Revised 1/5/95, 3/1/95, 3/24/95 appropriate techniques must be used to minimize erosion impacts on surface water features. Erosion control plans must be in accordance with the Lino Lakes Local Water Management Plan and approved by the City Council. 2. Be designed and constructed to effectively manage reasonably expected quantities and qualities of stormwater runoff. Impervious surface coverage must not exceed thirty-five (35) percent with an approved stormwater management plan and consistency with Section 1102.09. F. Centralization and Design of Facilities. Centralization and design of facilities and structures must be done according to the following standards: 1. Planned development overlays must be connected to publicly owned water supply and sewer systems. 2. Dwelling units or sites must be clustered into one or more groups and located on suitable areas of the development. They must be designed and located to meet or exceed the following dimensional standards for the relevant shoreland classification, setback from the ordinary high water level, elevation above the surface water features, and maximum height. 3. Shore recreation facilities, including but not limited to swimming areas, docks, and watercraft mooring areas and launching ramps, must be centralized and located in areas suitable for them. Said shared lake access must be approved by the City Council. Evaluation of suitability must include consideration of land slope, water depth, vegetation, soils, depth to groundwater and bedrock, or other relevant factors. The number of spaces provided for continuous beaching, mooring, or docking of watercraft must not exceed one (1) for each allowable dwelling unit or site in the first tier (notwithstanding existing mooring sites in an existing commercially used harbor). Launching ramp facilities including a small dock for loading and unloading equipment, may be provided for use by occupants of dwelling units or sites located in other tiers. 4. Structures, parking areas, and other facilities must be treated to reduce visibility as viewed form public waters and adjacent shorelands by vegetation, topography, increased setbacks, color, or other means acceptable to the City Council, assuming summer, leaf -on conditions. Vegetative and topographic screening must be preserved, if existing, or may be required to be provided. 5. Accessory structures and facilities, except water -oriented accessory structures, must meet the required principal structural setbacks and must be centralized. 6. Water -oriented accessory structures and facilities may be allowed if they meet or exceed design standards contained in Section 1102.07, Subd. 2 of this ordinance and are centralized. Page 30 DRAFT Revised 1/5/95, 3/1/95, 3/24/95 Subd. 7. Conversions. The City of Lino Lakes may allow existing resorts or other land uses and facilities to be converted to residential planned unit developments if all of the following standards are met: A. Proposed conversions must be initially evaluated using the same procedures for residential planned development overlays involving all new construction. Inconsistencies between existing features of the development and these standards must be identified. B. Deficiencies involving water supply and sewage treatment, structure color, impervious coverage, open space, and shore recreation facilities must be corrected as part of the conversion or as specified in the conditional use permit. C. Shore impact zone deficiencies must be evaluated and reasonable improvements made as part of the conversion. These improvements must include, where applicable, the following: 1. Removal of extraneous buildings, docks, or other facilities that no longer need to be located in shore impact zones. 2. Remedial measures to correct erosion sites and improve vegetative cover and screening of buildings and other facilities as viewed from the water. 3. If existing dwelling units are located in shore impacts zones, conditions shall be attached to approvals of conversions that preclude exterior expansions in any dimension or substantial alterations. The conditions must also provide for future relocation of dwelling units, where feasible, to other locations, meeting all setback and elevation requirements when they are rebuilt or replaced. D. Existing dwelling unit or dwelling site densities that exceed standards in Section 1102.13, Subd. 5 may be allowed to continue but must not be allowed to be increased, either at the time of conversion or in the future. Efforts must be made during the conversion to limit impacts of high densities by requiring seasonal use, improving vegetative screening, centralizing shore recreation facilities, installing new sewage treatment systems, or other means. Effective Date. This ordinance will take effect and be in force after its passage and official publication. PASSED by the City Council of the City of Lino Lakes this day of , 1995. ATTEST; Marilyn G. Anderson, City Clerk Vernon F. Reinert, Mayor Page 31