HomeMy WebLinkAbout10/11/1993 Council Minutes1 ark
COUNCIL MEETING OCTOBER 11, 1993
CITY OF LINO LAKES
COUNCIL MINUTES
DATE
TIME:.STARTED :
TIME .ENDED
MEMBERS PRESENT:
MEMBERS ABSENT :
October 11, 1993
6:30 P.M.
8:51 P.M.
Reinert, Neal, Kuether, Elliott, Bergeson
None
Staff members present: City Engineer, Darrell Schneider;
Planning Coordinator, Mary Kay Wyland; Consulting Planner, Alan
Brixius; Consulting Engineer's, John Powell, Steve Heth and Don
Christoffersen; City Attorney, Bill Hawkins; City Administrator,
Randy Schumacher and Clerk -Treasurer Marilyn Anderson.
The City Council and audience stood to observe a moment of
silence in memory of former Police Chief, Dean Campbell.
There were no adjustments to the agenda.
CONSENT AGENDA
Council Member Neal moved to approve the consent agenda as
presented. Council Member Kuether seconded the motion. Motion
carried unanimously.
ITEM
MINUTES:
Regular Council Meeting, September 27, 1993 Adopted
DISBURSEMENTS:
DISPOSITION
September 30, 1993
October 11, 1993
Centennial Fire Department
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Adopted
Adopted
Adopted
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COUNCIL MEETING OCTOBER 11, 1993
REGULAR AGENDA
OPEN MIRE
No one appeared under open mike.
PLANNING AND ZONING BOARD REPORT
SECOND READING, Ordinance No. 93 - 15 Making Provisions for the
Opportunity as Well as the Control of Adult Use Activities and
SECOND READING, Ordinance No. 93 - 16 Regulating Adult Use
Activities - These ordinances were presented and discussed at the
September 27, 1993 City Council meeting. The ordinances identify
and define what adult activities are and sets out to regulate
accessory uses and where these uses can be located in the City of
Lino Lakes. Since this type of activity is protected by law, the
purpose of the ordinances is to prepare legislation that will
control the secondary impact of the uses.
Council Member Kuether asked if Ordinance No. 93 - 15 is
patterned after any particular ordinance in another city. Mr.
Brixius explained that the ordinance is tailored for Lino Lakes
and many different ordinances were used as models. He noted that
the separation area (opportunity area) of 300 feet is unique to
Lino Lakes.
Council Member Kuether asked if this ordinance should be reviewed
on an annual basis to be sure that it complies with all newly
enacted state and federal regulations. Mr. Brixius said yes
because Lino Lakes is a "young" community and is changing
rapidly.
Council Member Neal asked if Ordinance No. 93 - 16 should set a
limit on the number of hours any particular establishment can be
open. Mr. Brixius asked the City Council to delay action on this
ordinance for a few moments while he researched this question.
Council Member Kuether moved to adopt the second reading of
Ordinance No. 93 - 15. Council Member Neal seconded the motion.
Motion carried unanimously.
Ordinance No. 93 - 15 can be found at the end of these minutes.
SECOND READING, Ordinance No. 93 - 17 Amending Appendix B1,
Accessory Buildings and Structures - The first reading of this
ordinance was held at the September 27, 1993 City Council
meeting. The City Council suggested that subdivision (5) be
amended to include a provision that accessory buildings shall be
placed so as to not interfere with the future subdivision of the
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property. This provision has been added to the ordinance.
The ordinance amendment allows 1,000 square feet in garage area
where 880 square feet was the previous limit and 1,100 square
feet where 960 square feet was the previous limit. On properties
over 1 1/4 acres in size up to 20 acres, where 750 square feet
was the limit for a detached garage, that limit has been
increased to 1,100 square feet to be consistent with the smaller
lot area requirement.
There is a Conditional Use Permit (CUP) provision for property
owners who can demonstrate a need and potential continued use of
the structure. Mr. Schumacher noted that the CUP provision was
not a staff recommendation but rather a recommendation of the
Planning and Zoning Board. He said this can be very political
and can cause conflicts for the City Council if specific
standards are not set for the granting of the permit. Mr.
Schumacher suggested that a standard for accessory buildings be
set and CUP's not be allowed that would deviate from the
standard. Mr. Brixius noted that even the previous ordinance for
accessory buildings on larger lots was very generous.
Council Member Kuether asked why this ordinance was proposed.
Mr. Brixius explained that larger contemporary style homes are
being constructed in Lino Lakes and these homeowners wanted extra
garage space. In addition, additional accessory buildings were
not allowed as in other districts. Mr. Brixius noted that the
rationale behind allowing a CUP was that it is difficult to
justify a variance on grounds other than economic.
Council Member Elliott moved to adopt the second reading of
Ordinance No. 93 - 17 and remove Subdivision (10) Conditional Use
Permit. Council Member Kuether seconded the motion. Motion
carried unanimously.
Ordinance No. 93 - 17 can be found at the end of these minutes.
SECOND READING, Ordinance No. 93 - 18 Amending Appendix B1, Areas
Without Sanitary Sewer - This proposed ordinance had its first
reading on September 27, 1993. It is intended to replace
Emergency Ordinance No. 93 - 11 which was adopted by the City
Council on July 26, 1993.
Mr. Brixius noted that when the current Zoning Ordinance was
adopted, the previous Suburban Residential (SR) zoning distinct
was eliminated. Now only 10 acre or larger lots are allowed in
areas without sanitary sewer. The proposed amendment would
require 10 acre lots for newly created unsewered properties and
would provide an exemption for existing lots of record which are
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COUNCIL MEETING OCTOBER 11, 1993
capable of supporting on-site septic systems. Additionally, the
amendment allows existing homes to reduce their lot size if the
balance of the property is 10 acres or more in size and is
serviced by public sewer.
As requested by the City Council, wording has been added to
provide that homes and accessory buildings be located on the lots
to allow for future resubdivision. Mr. Brixius noted that a site
plan would be required to insure the ability for future
subdivision. He also noted that future subdivision will be made
more difficult because of the every increasing provisions for
wetland preservation.
Council Member Bergeson noted that the intent of the amendment
was to allow a property owner tO separate the homestead from the
farm acreage so that the acreage could be developed. However, it
also allows a property owner with 12 acres to subdivide his
property. He is not allowed to do this under the current
ordinances. Mr. Brixius said that in preparing the ordinance
amendment, he was looking at a uniform application of the
ordinance.
Council Member Kuether moved to adopt the second reading of
Ordinance No. 93 - 18. Council Member Neal seconded the motion.
Motion carried unanimously.
SECOND READING, Ordinance No. 93 - 16 Regulating Adult Use
Activities and Businesses - Mr. Brixius addressed the question
previously raised on this ordinance regarding hours of business.
He explained that no specific hours of business are mentioned in
the proposed ordinance. He explained that the City Council has
not established regulated hours for generic businesses and if
hours of operation were placed on adult use businesses, the
provision would easily be challenged. He noted that since the
City does not restrict hours that a normal movie theater can be
open, the City Council cannot restrict hours an adult theater can
be open.
Mayor Reinert asked how these businesses would be controlled.
Mr. Brixius noted that the nuisance ordinance would apply. He
also noted that he intentionally stayed away from a "content
based" ordinance. These ordinances are easily challenged. The
adult business will be treated in the same manner as "content
neutral" businesses. They can be controlled through license
regulations; a thorough investigation will first be conducted and
if the City gets a lot of nuisance calls, the business can be
reprimanded or the license can be revoked. Mr. Brixius said that
the caution the City is taking at this point provides maximum
protection.
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Council Member Neal moved to adopt the second reading of
Ordinance No. 93 - 16. Council Member Kuether seconded the
motion. Motion carried unanimously.
Ordinance No. 93 - 16 can be found at the end of these minutes.
Council Member Kuether commended Mr. Brixius for the excellent
job in preparing Ordinance No. 93 - 15 and Ordinance No. 93 - 16.
CITY ENGINEER'S REPORT
Consideration of a Proposal from SEH to Complete the Work on the
Surface Water Management Plan - Mr. Schneider explained that work
was initiated on the project in March, 1992 and programmed to
proceed as funding became available.
Funding is now available to allow the completion of the Surface
Water management Plan from the fund into which payments are made
by new lots and properties newly served by municipal utilities.
Mr. Keehn from SEH used the overhead projector to give a brief
presentation of the Surface Water Management Plan. It is
proposed that the plan be completed and submited to the Rice
Creek Watershed District (RCWD) and the Vadnais Lake Area
Watershed Management Area (VLAWMO) with mapping consistent with
the GIS System and the necessary ordinance review and revisions
at a cost of $44,300.00.
Mr. Keehn noted that a water management program for each
municipality is required by law. The plan will address water
quantity and water quality and address related community issues.
When the plan is completed and approved by the watershed
districts, local control of water resources will be allowed and
Lino Lakes can become the Local Government Unit (LGU) if they so
desire.
Mr. Keehn outlined the major components of the Plan and presented
a flow chart outlining where the City stood regarding water
management and where the City will be when the Plan is completed.
He also noted the items that need to be completed and included in
the Plan. These items include: 1) finalization of wetland
classification system; 2) hydrologic data summary; 3) Capital
Improvements Plan and 4) preparation of related ordinances and/or
revision of current ordinances.
Mr. Keehn presented a time schedule for completion of the Plan.
He explained that the final plan will be delivered to the City by
Christmas and will be presented to the RCWD and VLAWMO. There is
a period of 60 days for the two (2) Watershed Districts to review
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and approve the plan. During that time, ordinances and ordinance
revisions will be completed. The entire process should be
completed by the end of February, 1994.
Council Member Bergeson asked if water quality would be part of
the completed Plan. Mr. Keehn said no, originally the intention
was to form a citizens committee to do a water quality plan.
This has been temporarily set aside and is not needed to get
approval for the Surface Water Management Plan from the Watershed
Districts. Mr. Schneider explained that he plans to form the
citizen committee to develop a plan for managing the ponds within
the City. He noted that this plan was intended to be developed
parallel with the Surface Water Management Plan, however, his
department has been too busy. Mr. Schneider said the citizen
committee would be an on-going committee and will consider all
new projects as they occur. He also noted that the cost for this
portion of the Plan is included in the total figure previously
quoted to the City Council.
Council Member Bergeson noted that the funding for the Surface
Water Management Plan will be coming from the Surface Water
Management Fund. He noted that developers are required to
contribute to this fund and asked how will the fund continue
after the City if fully developed. Mr. Schneider explained that
the City should be looking at funding surface water concerns on a
broader basis such as ad valorem taxes. He noted that water
problems will be an on-going concern. Mr. Keehn noted that the
Surface Water Management Plan does contain a section on funding
and lists alternative sources of funding.
Council Member Kuether moved to enter a contract with SEH to
complete the Surface Water Management Plan as proposed in the
amount of $44,300.00. Council Member Elliott seconded the
motion. Motion carried unanimously.
PUBLIC HEARING, CONSIDERATION OF ADOPTING ASSESSMENT ROLLS FOR
IMPROVEMENTS
Mayor Reinert opened the public hearing at 7:40 P.M. Mr.
Schneider explained that Mr. Powell and Mr. Heth will use the
overhead projector and outline each assessment project
individually.
Apollo Meadows Mr. Powell explained that the subdivision
consists of 42 lots and is located on the north side of I35W and
the east side of Sunset Road. Apollo Drive is on the north
boundary of the subdivision. This is a developer financed
improvement, therefore, all construction related costs were paid
directly by the developer. The only construction costs to be
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assessed are those for lateral benefit from the improvements
installed under the Apollo Drive project and future wear course
costs. The total proposed assessment is $329,170.38.
There were no questions from the City Council or from the
audience.
Birch Wood Acres Second Addition - Mr. Heth explained that the
subdivision consists of 38 lots, four (4) outlots and three (3)
park lots. It is located on the south side of Birch Street at
West Shadow Lake Drive. This project is developer financed and
all construction related costs are paid directly by the
developer. Costs to be assessed are actual reassessments for
Area and Connection and Surface Water Management Planning as well
as interest. The total proposed assessment is $176,016.92.
There were no questions from the City Council or from the
audience.
Birch Wood Acres Third Addition - Mr. Heth explained that the
subdivision consists of 34 lots, one (1) outlot and two (2) park
lots. The property is located to the south of Birchwood Acres
Second Addition. This project is developer financed and all
construction costs are paid directly by the developer. Costs to
be assessed are for lateral benefits from Area and Connection and
Surface Water Management Planning. The total proposed assessment
is $174,427.99.
There were no questions from the City Council or from the
audience.
Black Duck Estates and Black Duck Estates Second Addition - Mr.
Heth explained that the two (2) subdivisions consist of 47 lots,
two (2) outlots and Parcel A and B. The property is located on
the north side of Birch Street west of Black Duck Drive. This
project is developer financed and all construction costs are paid
directly by the developer. Costs to be assessed are for lateral
benefits from the existing Trunk Watermain Area and Connection
Fund. The total proposed assessment is $48,896.51.
Mr. Schneider explained that this subdivision was approved before
the new policy regarding surface water management was approved.
Therefore, the developer is being given full credit up to what
would be the Surface Water Management charges for completing all
the ponding and drainage work himself.
There were no questions from the City Council or from the
audience.
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Park Grove - Mr. Heth explained that the subdivision consists of
80 lots and three (3) park parcels. The property is located
between PineRidge Estates and Birch Wood Acres south of Birch
Street. This project is developer financed and all construction
costs are paid directly by the developer. Costs to be assessed
are for benefits from the Reshanau Lake trunk sanitary sewer
project, Area and Connection, Seal Coating/Wear Course and
Surface Water Management Planning funds. The total proposed
assessment is $524,075.20.
There were no questions from the City Council or from the
audience.
Brandywood Estates, Third Addition - Mr. Heth explained that the
subdivision consists of 33 lots. The property is located south
of Birch Street and east of 12th Avenue. This project is
developer financed and all construction related costs are paid
directly by the developer. Costs to be assessed are for lateral
benefits from Area and Connection, Wearing Course and Surface
Water Management Planning funds. The total proposed assessment
is $185,050.47.
There were no questions from the City Council or from the
audience.
Shores of Marshan Lake - Mr. Powell explained that the
subdivision is located east of Lake Drive and north of Elm Street
and consists of 54 lots. This project was developer financed,
therefore, all construction related costs were paid directly by
the developer. The only construction costs to be assessed are
for the Wear Course which is being installed under a City
contract. Mr. Powell noted that a temporary lift station and a
trunk water line was constructed on the east side of Lake Drive
and the developer is receiving some credit for construction of
the larger facilities. The total proposed assessment is
$202,310.51.
There were no questions from the City Council or from the
audience.
Woods of Baldwin Lake - Mr. Powell explained that the subdivision
is located north of Ash Street and north of Woodridge Estates.
The subdivision consists of 15 lots and a park site. The project
was developer financed, therefore, all construction related costs
were paid directly by the developer. The only construction costs
to be assessed are those pending from the Woodridge Estates
project constructed in 1989 to be assessed at the standard front
foot rates. The total proposed assessment is $112,045.25.
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There were no questions from the City Council or from the
audience.
Ouail Ridge - Mr. Heth explained that this subdivision consists
of 40 lots and is located north of Birch Street and east of Black
Duck Drive. The project was developer financed and all
construction related costs are paid directly by the developer.
Costs to be assessed are for lateral benefits from the trunk
sanitary sewer and watermain constructed under the Brandywood
Estates project, Area and Connection Charges and Surface Water
Management Planning funds. The total proposed assessment is
$215,582.00
Mayor Reinert questioned the front footage used in the assessment
calculation. Mr. Heth explained only the 404 feet of the total
front footage received benefit so only 404 feet will be assessed.
There were no additional questions from the City Council or from
the audience.
Council Member Elliott moved to close the public hearing at 8:08
P.M. Council Member Kuether seconded the motion. Motion carried
unanimously.
Resolution No. 79 - 93 Adopting Assessment for the Improvement of
Apollo Meadows - Mr. Schneider explained that the City Clerk has
received a letter from the developer objecting to the assessment
for several reasons. He recommended that the City Council delay
action on this matter until the next Council meeting to allow
time for him to meet with the developer and come to an agreement.
He explained that the developer is claiming that his development
does not fall under the new Surface Water Management Policy.
This matter will be researched.
Council Member Kuether moved to delay action on Resolution
No. 79 - 93 until October 25, 1993, 6:45 P.M. Council Member
Neal seconded the motion. Motion carried unanimously.
Resolution No. 80 - 93 Adopting Assessment for the Improvement of
Birch Wood Acres, Second and Third Additions - Council Member
Elliott moved to adopt this resolution. Council Member Bergeson
seconded the motion. Motion carried unanimously. Resolution No.
80 - 93 can be found at the end of these minutes.
Resolution No. 81 - 93 Adopting Assessment for the Improvement of
Black Duck Estates and Black Duck Estates Second Addition -
Council Member Elliott moved to adopt this resolution. Council
Member Bergeson seconded the motion. Motion carried unanimously.
Resolution No. 81 - 93 can be found at the end of these minutes.
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Resolution No. 82 - 93 Adopting Assessment for the Improvement of
Park Grove - Council Member Bergeson moved to adopt this
resolution. Council Member Elliott seconded the motion. Motion
carried unanimously. Resolution No. 82 - 93 can be found at the
end of these minutes.
Resolution No. 83 - 93 Adopting Assessment for the Improvement of
Brandywood Estates, Third Addition - Council Member Kuether moved
to adopt this resolution. Council Member Neal seconded the
motion. Motion carried unanimously. Resolution No. 83 - 93 can
be found at the end of these minutes.
Resolution No. 84 - 93 Adopting Assessment for the Improvement of
Shores of Marshan Lake - Council Kuether moved to adopt this
resolution. Council Member Neal seconded the motion. Motion
carried unanimously. Resolution No. 84 - 93 can be found at the
end of these minutes.
Resolution No. 85 - 93 Adopting Assessment for the Improvement of
Woods of Baldwin Lake - Council Member Elliott moved to adopt
this resolution. Council Member Bergeson seconded the motion.
Motion carried unanimously. Resolution No. 85 - 93 can be found
at the end of these minutes.
Resolution No. 86 - 93 Adopting Assessment for the Improvement of
Quail Ridge - Council Member Kuether moved to adopt this
resolution. Council Member Elliott seconded the motion. Motion
carried unanimously. Resolution No. 86 - 93 can be found at the
end of these minutes.
PUBLIC HEARING, CONSIDERATION OF ADOPTING ASSESSMENTS FOR THE
IMPROVEMENT OF RESHANAU LAKE ESTATES SOUTH, FIFTH ADDITION,
RESOLUTION NO. 87 - 93
Mayor Reinert opened the public hearing at 8:14 P.M. Mr. Powell
used the overhead projector and explained that the subdivision is
located south of Birch Street and east of Birch Wood Acres. The
subdivision consists of 24 lots. This improvement is a City
financed improvement and the City bonded for the payment of the
construction of utilities and streets. In addition to the normal
construction of improvements, drain tile and additional storm
sewer development was constructed. The total proposed assessment
for this development is $309,474.25.
There were no further questions from the City Council or from the
audience. Council Member Elliott moved to close the public
hearing at 8:18 P.M. Council Member Neal seconded the motion.
Motion carried unanimously.
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OCTOBER 11, 1993
Mr. Schneider explained that the City Clerk has received a letter
from the developer objecting to the assessment saying that the
capitalized interest is larger than it should be. Mr. Schneider
recommended that the City Council delay action on this assessment
until the next Council meeting to allow time to meet with the
developer to resolve the issue. Council Member Kuether moved to
delay action on the assessment until October 25, 1993, 6:45 P.M.
Council Member Elliott seconded the motion. Motion carried
unanimously.
WAYS AND MEANS COMMITTEE REPORT
Recommendation Regarding 1993 to 1995 Teamsters Proposal - Mr.
Schumacher presented a summary that outlined a three (3) year
contract proposal with the Teamsters Union (Police Department).
The summary lists changes in salary, insurance benefits, clothing
allowance and severance considerations. Also included is
language on shift change. The Ways and Means Committee has
reviewed the proposal and recommends approval.
Council Member Kuether asked if the clothing allowance figure is
adjusted every time a new contract is negotiated. Mr. Schumacher
explained that it is however, the dollar amounts are small.
Mayor Reinert asked why the health insurance figure change twice
a year. Mr. Schumacher explained that the City's health
insurance plan is renewed during the middle of the year resulting
in two (2) different premiums during the year.
Council Member Kuether asked if the Clinton Administration health
plan was considered in this proposal. Council Member Bergeson
said no since the terms of that proposal are not fully known. He
noted that the City contributes a specific dollar amount toward
the health insurance premium. If the employee wanted to change
health insurance coverage, the employee would still receive the
same dollar amount.
Council Member Kuether moved to approve the recommendation of the
Ways and Means Committee as presented. Council Member Neal
seconded the motion. Motion carried unanimously.
FIRST READING, Ordinance No. 93 - 20 Increasing the Salary of
Members of the Planning and Zoning Board and FIRST READING of
Ordinance No. 93 - 21 Increasing the Quarterly Salary of Members
of the Park Board - Mr. Schumacher explained that the City
Council had talked about adjusting the compensation for boards
and commissions which meet on a regular basis to advise the City
Council. Since the Planning and Zoning Board and the Park Board
are the only two (2) boards required by the Lino Lakes City Code,
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these are the only boards that have been receiving compensation.
Mr. Schumacher recommended that this policy continue.
As the City grows, the work of these two (2) boards has increased
and additional meetings have been scheduled. Mr. Schumacher
explained that staff has prepared ordinances adjusting the
compensation based on a survey of cities of similar size and in
the approximate same state of growth. The quarterly compensation
would be $50.00 per month based on attendance with the chairman
of each board receiving $75.00 per month. Previously, the boards
were receiving an extra $10.00 per quarter if the member attended
all three (3) meetings in that quarter. This provision has been
eliminated.
Council Member Kuether moved to adopt the first reading of
Ordinance No. 93 - 20 and Ordinance No. 93 - 21. Council Member
Neal seconded the motion. Motion carried unanimously.
Recommendation on City Clerk -Treasurer Salary Increase for 1993 -
Mr. Schumacher explained that two (2) positions not represented
by any bargaining unit have not been adjusted for 1993. These
two (2) positions are the Clerk -Treasurer and the Accountant III.
At their September 29, 1993 meeting the Ways and Means Committee
discussed the review and corresponding salary adjustment for the
City Clerk -Treasurer. The Committee considered salary survey
information submitted by the City Clerk -Treasurer and reviewed
the position.
Based on that information, the Ways and Means Committee
recommended a 5% adjustment to the 1992 base salary and a 3%
adjustment to the 1993 base salary. Additionally, recognizing
that the establishment of the Management Association may skew
this positions place on the 100% All Employee Line for Pay Equity
compliance, this committee further recommended that the Clerk -
Treasurer's increase be tied to the average percentage increase
of this groups base salary to a maximum of $2,000.00 additional
compensation.
Council Member Kuether asked if the $2,000.00 is a total
adjustment. Mr. Schumacher said no, it will be an additional
amount based upon the settlement with the Management Association.
Council Member Kuether asked if the adjustment is a bonus or an
adjustment to the base salary. Mr. Schumacher explained that the
base salary would be adjusted.
Council Member Neal asked what the Stanton Report is. Mr.
Schumacher explained. Council Member Bergeson noted that there
is a great amount of good information in the report, however, the
problem is trying to determine the cities to compare with Lino
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Lakes.
OCTOBER 11, 1993
Council Member Kuether felt that Lino Lakes should be compared to
cities at the same stage of development. She noted that the
employees at Lino Lakes work harder because of all of the
development and should not be compared to cities that are fully
developed.
Council Member Kuether moved to approve the Ways and Means
Committee recommendation for the Clerk -Treasurer as submitted.
Council Member Bergeson seconded the motion. Motion carried
unanimously.
Recommendation on Accountant III Salary Increase for 1993 - Mr.
Schumacher explained that the Accountant III is also not
represented by a labor organization and has not had a 1993 salary
adjustment. At their September 29th meeting, the Ways and Means
Committee discussed the review and corresponding salary
adjustment for this position. The Committee considered salary
survey information submitted by the Accountant III and reviewed
the position.
Based on the information, the Ways and Means Committee
recommended a 3% adjustment for 1992, a 3% adjustment for 1993
and a 9% adjustment for additional responsibilities, finance
department reorganizations, and external market considerations.
Mr. Schumacher noted that the Accounting Department is now down
to two (2) persons. There will be a delay in hiring a
replacement for the Accounts Payable Clerk until the new
accounting software is completely installed and it is determined
exactly what type of replacement will be needed.
Council Member Bergeson noted that as in the case of the Clerk -
Treasurer, the adjustments have been for cost of living and
changes in responsibilities. There were no merit raise
considerations.
Council Member Kuether moved to adopt the recommendation of the
Ways and Means Committee for the Accountant III position
Council Member Neal seconded the motion. Motion carried
unanimously.
ATTORNEY'S REPORT
William Boop vs. the City of Lino Lakes - Mr. Hawkins presented a
brief background on this litigation. Mr. Boop is contending that
the City is negligent in enforcing the City ordinances regarding
a septic system failure on the neighbors property. He contends
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that the inaction of the City to get the neighboring septic
system repaired is responsible for his physical problems. Mr.
Boop is asking for a monetary award. The matter has been turned
over to the insurance company and they have appointed Mr. George
Hoff to represent the City. The matter went before the District
Court and the summary judgement motion for the City was denied.
The matter will go to trial.
Mr. Hawkins explained that there is new legislation that may
provide immunity protection to the City and avoid a trial on the
matter. However, at this point all staff involved in this matter
have exercised due care.
Since Mr. Boop is claiming that the City is negligent because it
did not act in a more expeditious manner, the outcome of the case
could affect how all other Minnesota municipalities handle their
litigation cases. An appeal was authorized by the insurance
carrier and the Court of Appeals affirmed the District Court
decision because this issue has never been ruled on before. An
appeal to the State Supreme Court was declined. The matter was
returned to the District Court for trial.
Mr. Boop felt that Mr. Hoff's firm was too aggressive in this
matter and filed a complaint against Mr. Hoff with the
Professional Board. The Professional Board dismissed the
complaint and stated that Mr. Hoff was acting factually and no
errors were committed.
Mr. Hawkins explained that Council Members may get telephone
calls from Mr. Boop or other persons representing Mr. Boop
because he does not want to go to trial. A letter has been
written by the legislator in the area where Mr. Boop is now
residing. Mr. Hoff has responded to this letter.
Mayor Reinert explained that the State sets the regulations for
septic system installations and also noted that there are a great
many faulty septic systems throughout Minnesota. Mr. Hawkins
said the concern is the City has ordinances and what obligation
does the City have to enforce the ordinances and if the
ordinances are not enforced in a timely manner, is the City
liable. Another questions is whether or not the City is liable
for acts that are committed by a third party. In this case the
City did correct the faulty septic system. However does the City
want to finance correcting all failed systems? If the City does
correct a failed system, is the City then responsible for the
septic system?
Mr. Hawkins told the City Council that they may be receiving
communication from persons other than City staff on this matter.
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COUNCIL MEETING
OLD BUSINESS
There was no Old Business.
NEW BUSINESS
OCTOBER 11, 1993
Consideration of Resolution No. 88 - 93 Authorizing the City
Clerk -Treasurer to Certify Delinquent Water and Sewer Bills for
Collection with the 1994 Property Taxes - Each year a list of
property owners who are delinquent in paying their utility bills
two (2) or more quarters is prepared and sent to the City Council
for their review and authorization to certify to the property
taxes.
Property owners have been notified by mail twice and many have
responded to the letters and have made arrangements to pay their
delinquents bills prior to the October 15, 1993 deadline. All
were told that any portion of their delinquent bills remaining
unpaid on October 15, 1993 will be certified to Anoka County.
Council Member Elliott moved to adopt Resolution No. 88 - 93
Authorizing the City Clerk -Treasurer to Certify Delinquent Water
and Sewer Bills for Collection with the 1994 Property Taxes.
Council Member Neal seconded the motion. Motion carried
unanimously.
Resolution No. 88 - 93 can be found at the end of these minutes.
Council Member Elliott moved to adjourn at 8:51 P.M. Council
Member Bergeson seconded the motion. Aye.
These minutes were considered, corrected and approved at the
regular City Council meeting held on October 25, 1993.
Marilyn . Anderson, Vernon F. Reinert,
Clerk -Treasurer Mayor
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Council Member Kuether introduced the following Ordinance
and moved its adoption:
CITY OF LINO LAKES
ORDINANCE NO. 93-15
AN ORDINANCE AMENDING THE LINO LAKES CITY CODE APPENDIX B (ZONING
CODE) BY MAKING PROVISIONS FOR THE OPPORTUNITY AS WELL AS THE
CONTROL OF ADULT USE ACTIVITIES.
THE CITY COUNCIL OF THE CITY OF LINO LAKES ORDAINS:
Section 1. Section 3, Subdivision 2 (Definitions) of the
Zoning Code is hereby amended by adding the following:
(4A) ADULT USE RELATED TERMS
(A) ADULT USES: Adult uses include adult bookstores, adult motion
picture theaters, adult mini -motion picture theaters, adult
massage parlors, adult steam room/bathhouse/sauna facilities,
adult companionship establishments, adult rap/conversation
parlors, adult health/sport clubs, adult cabarets, adult
novelty businesses, adult motion picture arcades, adult
modeling studios, adult hotels/motels, adult body painting
studios, and other premises, enterprises, establishments,
businesses or places open to some or all members of the
public, at or in which there is an emphasis on the
presentation, display, depiction or description of "specified
sexual activities" or "specified anatomical areas" which are
capable of being seen by members of the public. Activities
classified as obscene as defined by Minnesota Statutes 617.241
are not included.
(1) Specified Anatomical Areas:
(a) Less than completely and opaquely covered human
genitals, pubic region, buttock, anus, or female
breast (s) below a point immediately above the top
of the areola; and
(b) Human male genitals in a discernibly turgid state,
even if completely and opaquely covered.
(2) Specified Sexual Activities:
(a) Actual or simulated sexual intercourse, oral
copulation, anal intercourse, oral -anal copulation,
bestiality, direct physical stimulation of
unclothed genitals, flagellation or torture in the
context of a sexual relationship, or the use of
excretory functions in the context of a sexually
relationship, and any of the following: sexually-
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relationship, and any of the following:
oriented acts or conduct: anilingus
coprophagy, coprophilia, cunnilingus,
necrophilia, pederasty, pedophilia,
sapphism, zooerasty; or
sexually-
, buggery,
fellatio,
piquerism,
(b) Clearly depicted human genitals in the state of
sexual stimulation, arousal or tumescence; or
(c) Use of human or animal ejaculation, sodomy, oral
copulation, coitus, or masturbation; or
(d) Fondling or touching of nude human genitals, pubic
region, buttocks, or female breast; or
(e) Situations involving a person or persons, any of
whom are nude, clad in undergarments or in sexually
revealing costumes, and who are engaged in
activities involving the flagellation, torture,
fettering, binding or other physical restraint of
any such persons; or
(f) Erotic or lewd touching, fondling or other
sexually -oriented contact with an animal by a human
being; or
(g) Human excretion, urination, menstruation, vaginal
or anal irrigation.
(B) ADULT USE - ACCESSORY. The offering of retail goods for sale
which are classified as adult uses on a limited scale and
which are incidental to the primary activity and goods and/or
services offered by the establishment. Examples of such items
include the sale of adult magazines, the sale and/or rental of
adult motion pictures, the sale of adult novelties, and the
like.
(C) ADULT USES - PRINCIPAL: The offering of goods and/or services
which are classified as adult uses as a primary or sole
activity of a business or establishment and include but are
not limited to the following:
(1) Adult Use - Body Painting Studio. An establishment or
business which provides the service of applying paint or
other substance, whether transparent or non -transparent,
to or on the body of a patron when such body is wholly or
partially nude in terms of "specified anatomical reas".
(2) Adult Use - Bookstore. A building or portion of a
building uses for the barter, rental or sale of items
consisting of printed matter, pictures, slides, records,
audio tape, videotape, compact discs, computer software,
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digital recordings, motion picture film, or other
communication mediums if such building or portion of a
building is not open to the public generally but only to
one or more classes of the public extending any minor by
reason of age or if a substantial or significant portion
of such items are distinguished or characterized by an
emphasis on the depiction or description of "specified
sexual activities" or "specified anatomical areas".
(3) Adult Use - Cabaret. A building or portion of a building
used for providing dancing or other live entertainment,
if such building or portion of a building excludes minors
by virtue of age or if such dancing or other live
entertainment is distinguished or characterized by an
emphasis on the presentation, display, depiction or
description of "specified sexual activities" or
"specified anatomical areas".
(4) Adult Use - Companionship Establishment. A companionship
establishment which excludes minors by reason of age, or
which provides the service of engaging in or listening to
conversation, talk or discussion between an employee of
the establishment and a customer, if such service is
distinguished or characterized by an emphasis on
"specified sexual activities" or "specified anatomical
areas".
(5) Adult Use - Conversation/Rap Parlor. A conversation/rap
parlor which excludes minors by reason of age, or which
provides the service of engaging in or listening to
conversation, talk, or discussion, if such service is
distinguished or characterized by an emphasis on
"specified sexual activities" or "specified anatomical
areas".
(6) Adult Use - Health/Sport Club. A health/sport club which
excludes minors by reason of age, or if such club is
distinguished or characterized by an emphasis on
"specified sexual activities" or "specified anatomical
areas".
(7) Adult Use - Hotel or Motel. Adult hotel or motel means
a hotel or motel from which minors are specifically
excluded from patronage and wherein material is presented
which is distinguished or characterized by an emphasis on
matter depicting, describing or relating to "specified
sexually activities" or "specified anatomical areas".
(8) Adult Use - Massage Parlor, Health Club. A massage
parlor or health club which restricts minors by reason of
age, and which provides the services of massage, if such
service is distinguished or characterized by an emphasis
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on "specified sexual activities" or "specified anatomical
areas".
(9) Adult Use - Mini -Motion Picture Theater. A building or
portion of a building with a capacity for less than 50
persons used for presenting material if such building or
portion of a building as a prevailing practice excludes
minors by virtue of age, or if such material is
distinguished or characterized by an emphasis on
"specified sexual activities" or "specified anatomical
areas" for observation by patrons therein.
(10) Adult Use - Modeling Studio. An establishment whose
major business is the provision, to customers, of figure
models who are so provided with the intent of providing
sexual stimulation or sexual gratification to such
customers and who engage in "specified sexual activities"
or display "specified anatomical areas" while being
observed, painted, painted upon, sketched, drawn,
sculptured, photographed, or otherwise depicted by such
customers.
(11) Adult Use - Motion Picture Arcade. Any place to which
the public is permitted or invited wherein coin or slug -
operated or electronically, electrically or mechanically
controlled or operated still or motor picture machines,
projectors or other image -producing devices are
maintained to show images to five or fewer persons per
machine at any one time, and where the images so
displayed are distinguished or characterized by an
emphasis on depicting or describing "specified sexual
activities" or "specified anatomical areas".
(12) Adult Use - Motion Picture Theater. A building or
portion of a building with a capacity of 50 or more
persons used for presenting material if such building or
portion of a building as a prevailing practice excludes
minors by virtue of age or if such material is
distinguished or characterized by an emphasis on
"specified sexual activities" or "specified anatomical
areas" for observation by patrons therein.
(13) Adult Use - Novelty Business. A business which has as a
principal activity the sale of devices which stimulate
human genitals or devices which are designed for sexual
stimulation.
(14) Adult Use - Sauna. A sauna which excludes minors by
reason of age, or which provides a steam bath or heat
bathing room used for the purpose of bathing, relaxation,
or reducing, utilizing steam or hot air as a cleaning,
relaxing or reducing agent, if the service provided by
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the sauna is distinguished of characterized by an
emphasis on "specified sexual activities" or "specified
anatomical areas".
(15) Adult Use - Steam Room/Bathhouse Facility. A building or
portion of a building used for providing a steam bath or
heat bathing room used for the purpose of pleasure,
bathing, relaxation, or reducing, utilizing steam or hot
air as a cleaning, relaxing or reducing agent if such
building or portion of a building restricts minors by
reason of age of if the service provided by the steam
room/bathhouse facility is distinguished or characterized
by an emphasis on "specified sexual activities" or
"specified anatomical areas".
Section 2. Section 4 (General Provisions) of the Zoning Code
is hereby amended by adding the following:
Subd. 36 Adult Uses
(1) General. Adult uses as defined in this Ordinance shall be
subject to the following general provisions:
(A) Activities classified as obscene as defined by Minnesota
Statute 617.241 are not permitted and are prohibited.
(B) Adult uses, either principal or accessory, shall be
prohibited from locating in any building which is also
utilized for residential purposes.
(C) Adult uses, either principal or accessory, shall be
prohibited from locating in any building which is also
used to dispense or consume alcoholic beverages.
(D) An adult use which does not qualify as an accessory use
shall be classified as an adult use -principal.
(2) Adult Uses - Principal:
(A) Adult use -principal shall be located at least three
hundred (300) radial feet, as measured in a straight line
from the closest point of the property line of the
building upon which the adult use -principal is located to
the property line of:
(i) Residentially zoned property
(ii) A licensed day care center
(iii)A public or private educational facility cla'8sified
as a pre-school, elementary, junior high or senior
high
(iv) A public library
(v) A public park
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(vi) Another adult use - principal
(vii)An on -sale liquor establishment
(B) Adult use -principal activities, as defined by this
Ordinance, shall be classified as one use. No two adult
uses -principal shall be located in the same building or
upon the same property and each use shall be subject to
Section 4, Subd. 36.(2).(A).
(C) Adult use -principal shall, in addition to other sign
requirements established by City Code, also adhere to the
following signing regulations.
(i) Sign messages shall be generic in nature and shall
only identify the type of business which is being
conducted.
(ii) Shall not contain material classified as
advertising.
(iii)Shall comply with the requirements of size and
number for the district in which they are located.
(3) Adult Uses - Accessory:
(A) Adult use -accessory shall:
(i) Comprise no more than ten (10) percent of the floor
area of the establishment in which it is located.
(ii) Comprise no more than twenty (20) percent of the
gross receipts of the entire business operation.
(iii)Not involved or include any activity except the sale
or rental of merchandise.
(B) Adult use -accessory shall be restricted from and prohibit
access to minors by the physical separation of such items
from areas of general public access:
(i) Movie Rentals. Display areas shall be restricted
from general view and shall be located within a
separate room, the access of which is in clear view
and under the control of the persons responsible
for the operation or shall be in catalogs under the
direct control and distribution of the operator.
(ii) Magazines. Publications classified or qualifying
as adult uses shall not be physically accessible to
minors and shall be covered with a wrapper or other
means to prevent display of any material other than
the publication title.
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(iii)Other Use. Adult uses -accessory not specifically
cited shall comply with the intent of this section
subject to the approval of the Zoning
Administrator.
(C) Adult use -accessory shall be prohibited from both
internal and external advertising and signing of adult
materials and products.
(D) Adult use -accessory activities shall be prohibited at any
public show, movie, caravan, circus, carnival, theatrical
or other performance or exhibition presented to the
general public where minors are admitted.
Section 3. Section 6 (District Provisions), Subd. 12.(6) of
the Zoning Code is hereby amended by adding the following:
G. Adult uses -accessory.
Section 4. Section 6 (District Provisions), Subd. 13.(6) of
the Zoning Code is hereby amended by adding the following:
(I) Adult uses -accessory.
Section 5. Section 6 (District Provisions), Subd. 14.(6) of
the Zoning Code is hereby amended by adding the following:
(X) Adult uses -principal and accessory.
Section 6. Section 6 (District Provisions), Subd. 15.(7) of
the Zoning Code is hereby amended by adding the following:
(J) Adult uses -principal and accessory.
Section 7. Section 6 (District Provisions), Subd. 16.(7) of
the Zoning Code is hereby amended by adding the following:
(H) Adult uses -principal and accessory.
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Section 8. This Ordinance shall take effect upon its passage
and publication according to the City Charter.
PASSED this 11th day of October , 1993.
ATTEST:
Vernon F. Reinert, Mayor
G. Anderson, City Clerk
Motion for the adoption of the foregoing ordinance was duly seconded by Council
Member Neal and upon vote being taken thereon, the, following voted in favor
thereof: Bergeson, Elliott, Kuethr, Neal, Reinert.
The following voted against same: none.
Whereupon said ordinance was declared duly passed and adopted.
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Council Member
Neal
and moved its adoption:
introduced the following Ordinance
CITY OF LINO LAKES
ORDINANCE NO. 93-16
AN ORDINANCE AMENDING THE LINO LAKES CITY CODE, SECTION 600
(BUSINESS AND ACTIVITY LICENSING) BY ADDING PROVISIONS ADDRESSING
ADULT USES.
THE CITY COUNCIL OF THE CITY OF LINO LAKES ORDAINS:
Section 1. Section 600 of the Lino Lakes City Code is hereby
amended by adding the following:
613. ADULT USES
613.01: PURPOSE AND INTENT.
(1) It is the purpose of this Section to regulate adult use
sexually -oriented businesses to promote the health, safety,
morals, and general welfare of the citizens of the City, to
guard against the inception and transmission of disease, and
to establish reasonable and uniform regulations. The
provisions of this Section have neither the purpose nor effect
of imposing a limitation or restriction on the content of any
communicative materials, including sexually -oriented
materials. Similarly, it is not the intent nor effect of this
Section to restrict or deny access by adults to sexually -
oriented materials protected by the First Amendment, or to
deny access by the distributors and exhibitors of sexually -
oriented entertainment to their intended market.
(2) The City Council further finds that experience from other
cities demonstrates that adult use businesses conducted in
private by members of the same or the opposite sex, and
employing personnel with no specialized training, are
susceptible to operation in a manner contravening, subverting
or endangering the health, safety and welfare of members of
the community by being the sites of acts of prostitution,
illicit sex, and occasions of violent crimes, thus requiring
close inspection, licensing, and regulation.
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613.02: DEFINITIONS. The following words, terms and phrases,
when used in this Section, shall have the meanings ascribed to them
in this Section, except where the context clearly indicates a
different meaning:
(1) ADULT USE RELATED TERMS:
(A) ADULT USES: Adult uses include adult bookstores, adult
motion picture theaters, adult mini -motion picture
theaters, adult massage parlors, adult steam
room/bathhouse/sauna facilities, adult companionship
establishments, adult rap/conversation parlors, adult
health/sport clubs, adult cabarets, adult novelty
businesses, adult motion picture arcades, adult modeling
studios, adult hotels/motels, adult body painting
studios, and other premises, enterprises, establishments,
businesses or places open to some or all members of the
public, at or in which there is an emphasis on the
presentation, display, depiction or description of
"specified sexual activities" or "specified anatomical
areas" which are capable of being seen by members of the
public. Activities classified as obscene as defined by
Minnesota Statutes 617.241 are not included.
(1) Specified Anatomical Areas:
(a) Less than completely and opaquely covered
human genitals, pubic region, buttock, anus,
or female breast(s) below a point immediately
above the top of the areola; and
(b) Human male genitals in a discernibly turgid
state, even if completely and opaquely
covered.
(2) Specified Sexual Activities:
(a) Actual or simulated sexual intercourse, oral
copulation, anal intercourse, oral -anal
copulation, bestiality, direct physical
stimulation of unclothed genitals,
flagellation or torture in the context of a
sexual relationship, or the use of excretory
functions in the context of a sexually
relationship, and any of the following:
sexually -oriented acts or conduct: anilingus,
buggery, coprophagy, coprophilia, cunnilingus,
fellatio, necrophilia, pederasty, pedophilia,
piquerism, sapphism, zooerasty; or
(b) Clearly depicted human genitals in the state
of sexual stimulation, arousal or tumescence;
or
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(c) Use of human or animal ejaculation, sodomy,
oral copulation, coitus, or masturbation; or
(d) Fondling or touching of nude human genitals,
pubic region, buttocks, or female breast; or
(e) Situations involving a person or persons, any
of whom are nude, clad in undergarments or in
sexually revealing costumes, and who are
engaged in activities involving the
flagellation, torture, fettering, binding or
other physical restraint of any such persons;
or
(f) Erotic or lewd touching, fondling or other
sexually -oriented contact with an animal by a
human being; or
(g) Human excretion, urination, menstruation,
vaginal or anal irrigation.
(B) ADULT USE - ACCESSORY. The offering of retail goods for
sale which are classified as adult uses on a limited
scale and which are incidental to the primary activity
and goods and/or services offered by the establishment.
Examples of such items include the sale of adult
magazines, the sale and/or rental of adult motion
pictures, the sale of adult novelties, and the like.
(Also see applicable sections of the City Zoning Code for
further requirements defining adult use -accessory.)
(C) ADULT USES - PRINCIPAL: The offering of goods and/or
services which are classified as adult uses as a primary
or sole activity of a business or establishment and
include but are not limited to the following:
(1) Adult Use - Body Painting Studio. An establishment
or business which provides the service of applying
paint or other substance, whether transparent or
non -transparent, to or on the body of a patron when
such body is wholly or partially nude in terms of
"specified anatomical areas".
(2) Adult Use - Bookstore. A building or portion of a
building uses for the barter, rental or sale of
items consisting of printed matter, pictures,
slides, records, audio tape, videotape, compact
discs, computer software, digital recordings,
motion picture film, or other communication mediums
if such building or portion of a building is not
open to the public generally but only to one or
more classes of the public extending any minor by
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reason of age or if a substantial or significant
portion of such items are distinguished or
characterized by an emphasis on the depiction or
description of "specified sexual activities" or
"specified anatomical areas".
(3) Adult Use - Cabaret. A building or portion of a
building used for providing dancing or other live
entertainment, if such building or portion of a
building excludes minors by virtue of age or if
such dancing or other live entertainment is
distinguished or characterized by an emphasis on
the presentation, display, depiction or description
of "specified sexual activities" or "specified
anatomical areas".
(4) Adult Use - Companionship Establishment. A
companionship establishment which excludes minors
by reason of age, or which provides the service of
engaging in or listening to conversation, talk or
discussion between an employee of the establishment
and a customer, if such serviceis distinguished or
characterized by an emphasis on "specified sexual
activities" or "specified anatomical areas".
(5) Adult Use - Conversation/Rap Parlor. A
conversation/rap parlor which excludes minors by
reason of age, or which provides the service of
engaging in or listening to conversation, talk, or
discussion, if such service is distinguished or
characterized by an emphasis on "specified sexual
activities" or "specified anatomical areas".
(6) Adult Use - Health/Sport Club. A health/sport club
which excludes minors by reason of age, or if such
club is distinguished or characterized by an
emphasis on "specified sexual activities" or
"specified anatomical areas".
(7) Adult Use - Hotel or Motel. Adult hotel or motel
means a hotel or motel from which minors are
specifically excluded from patronage and wherein
material is presented which is distinguished or
characterized by an emphasis on matter depicting,
describing or relating to "specified sexually
activities" or "specified anatomical areas".
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(8) Adult Use - Massage Parlor, Health Club. A massage
parlor or health club which restricts minors by
reason of age, and which provides the services of
massage, if such service is distinguished or
characterized by an emphasis on "specified sexual
activities" or "specified anatomical areas".
(9) Adult Use - Mini -Motion Picture Theater. A
building or portion of a building with a capacity
for less than 50 persons used for presenting
material if such building or portion of a building
as a prevailing practice excludes minors by virtue
of age, or if such material is distinguished or
characterized by an emphasis on "specified sexual
activities" or "specified anatomical areas" for
observation by patrons therein.
(10) Adult Use - Modeling Studio. An establishment
whose major business is the provision, to
customers, of figure models who are so provided
with the intent of providing sexual stimulation or
sexual gratification to such customers and who
engage in "specified sexual activities" or display
"specified anatomical areas" while being observed,
painted, painted upon, sketched, drawn, sculptured,
photographed, or otherwise depicted by such
customers.
(11) Adult Use - Motion Picture Arcade. Any place to
which the public is permitted or invited wherein
coin or slug -operated or electronically,
electrically or mechanically controlled or operated
still or motor picture machines, projectors or
other image -producing devices are maintained to
show images to five or fewer persons per machine at
any one time, and where the images so displayed are
distinguished or characterized by an emphasis on
depicting or describing "specified sexual
activities" or "specified anatomical areas".
(12) Adult Use - Motion Picture Theater. A building or
portion of a building with a capacity of 50 or more
persons used for presenting material if such
building or portion of a building as a prevailing
practice excludes minors by virtue of age or if
such material is distinguished or characterized by
an emphasis on "specified sexual activities" or
"specified anatomical areas" for observation by
patrons therein.
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(13) Adult Use - Novelty Business. A business which has
as a principal activity the sale of devices which
stimulate human genitals or devices which are
designed for sexual stimulation.
(14) Adult Use - Sauna. A sauna which excludes minors
by reason of age, or which provides a steam bath or
heat bathing room used for the purpose of bathing,
relaxation, or reducing, utilizing steam or hot air
as a cleaning, relaxing or reducing agent, if the
service provided by the sauna is distinguished of
characterized by an emphasis on "specified sexual
activities" or "specified anatomical areas".
(15) Adult Use - Steam Room/Bathhouse Facility. A
building or portion of a building used for
providing a steam bath or heat bathing room used
for the purpose of pleasure, bathing, relaxation,
or reducing, utilizing steam or hot air as a
cleaning, relaxing or reducing agent if such
building or portion of a building restricts minors
by reason of age of if the service provided by the
steam room/bathhouse facility is distinguished or
characterized by an emphasis on "specified sexual
activities" or "specified anatomical areas".
(2) CITY ADMINISTRATOR: The City Administrator of the City of
Lino Lakes.
(3) LICENSEE: A person in whose name a license to operate an
adult use business has been issued, as well as the individual
listed as an applicant on the application for a license.
(4) PERSON: An individual, proprietorship, partnership,
corporation, association, or other legal entity.
(5) SUBSTANTIAL ENLARGEMENT: Substantial enlargement of an adult
use business means the increase in floor area occupied by the
business by more than twenty-five (25) percent, as the floor
area existed on the effective date of this Ordinance.
(6) TRANSFER OF OWNERSHIP OR CONTROL: Transfer of ownership or
control of an adult use business means and includes any of the
following:
(a) The sale, lease, or sub -lease of the business;
(b) The transfer of securities which constitute a controlling
interest in the business, whether by sale, exchange, or
similar means; or
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(c) The establishment of a trust, gift, or other similar
legal device which transfers the ownership or control of
the business, except for transfer by bequest or other
operation of law upon the death of the person possessing
the ownership or control.
613.03: CLASSIFICATION. The following uses are classified as
adult uses:
(1) Adult uses -accessory.
(a) Comprise no more than ten (10) percent of the floor area
of the establishment in which it is located.
(b) Comprise no more than twenty (20) percent of the gross
receipts of the entire business operation.
(c) Not involved or include any activity except the sale or
rental of merchandise.
(2) Adult uses -principal.
(a) Body Painting Studio.
(b) Bookstore.
(c) Cabaret.
(d) Companionship Establishment.
(e) Conversation/Rap Parlor.
(f) Health/Sport Club.
(g) Hotel or Motel.
(h) Massage Parlor, Health Club.
(i) Mini -Motion Picture Theater.
(j) Modeling Studio.
(k) Motion Picture Arcade.
(1) Motion Picture Theater.
(m) Novelty Business.
(n) Sauna.
(o) Steam Room/Bathhouse Facility.
613.04: LICENSES.
(1) Required and Exempt:
(a) No person, firm, or corporation shall operate an adult
use -principal without having first secured a license as
herein provided.
(b) Adult uses -accessory shall not require a license pursuant
to this section.
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(2) An application for a license must be made on a form provided
by the City. The application must be accompanied by a sketch
or diagram showing the configuration of the premises,
including a statement of total floor space occupied by the
business. The sketch or diagram need not be professionally
prepared but must be drawn to a designated scale or drawn with
market dimensions of the interior of the premises to an
accuracy of plus or minus six (6) inches. Applicants who must
comply with Subdivision 613.17 of this Section shall submit a
diagram meeting the requirements of that subdivision.
(3) The applicant must be qualified according to the provisions of
this Section and the premises must be inspected and found to
be in compliance with the law by the Fire Department and
Building Official.
(4) If a person who wishes to operate an adult use business is an
individual, the individual must sign the application for a
license as applicant. If a person who wishes to operate an
adult use business is other than an individual, each
individual who has a ten (10) percent or greater interest in
the business must sign the application for a license as
applicant. Each applicant must be qualified under Subdivision
613.05 and each applicant shall be considered a licensee if a
license is granted.
613.05: ISSUANCE OF LICENSE.
(1) The City Administrator shall approve the issuance of a license
to an applicant within thirty (30) days after receipt of an
application unless the Administrator finds one or more of the
following to be true:
(a) An applicant is under eighteen (18) years of age.
(b) An applicant is delinquent in his or her payment to the
City of taxes, fees, fines, or penalties assessed against
him or her or imposed upon him or her in relation to a
sexually -oriented business.
(c) An applicant has failed to provide information reasonably
necessary for issuance of the license or has falsely
answered a question or request for information on the
application form.
(d) An applicant has been convicted of a violation of a
provision of this Section within two (2) years
immediately preceding the application. The fact that a
conviction is being appealed shall have no effect.
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(e) An applicant is residing with a person who has been
denied a license by the City to operate an adult use
business within the preceding twelve (12) months, or
residing with a person whose license to operate an adult
use business has been revoked within the preceding twelve
(12) months.
(f) The premises to be used for the adult use business have
not been approved by the Fire Department and the Building
Official as being in compliance with applicable laws and
ordinances.
(g) The license fee required by this Section has not been
paid.
(h) An applicant has been employed in an adult use sexually -
oriented business in a managerial capacity within the
preceding twelve (12) months and has demonstrated that he
or she is unable to operate or manage an adult use
business premises in a peaceful and law-abiding manner,
thus necessitating action by law enforcement officers.
(i) An applicant or the proposed established is in violation
of or is not in compliance with the City Code.
(j) An applicant or an applicant's spouse has been convicted
of a crime:
1. Involving any of the following offenses:
a. Prostitution as described in Minnesota
Statutes 609.321;
b. Solicitation, inducement of promotion of
prostitution as described in Minnesota
Statutes 609.322;
c. Receiving profit derived from prostitution as
described in Minnesota Statutes 609.323;
d. Other prohibited acts relating to prostitution
as described in Minnesota Statutes 609.324;
e. Obscenity as described in Minnesota Statutes
617.241;
f. Sale, dissemination, distribution, display or
exhibition of harmful material to minors as
described in Minnesota Statutes 617.293 and
617.294;
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g Sexual performance by a child as described in
Minnesota Statutes 617.246;
h. Dissemination or possession of child
pornography as described in Minnesota Statutes
617.247;
i. Indecent exposure as described in Minnesota
Statutes 617.23;
Criminal sexual conduct as described in
Minnesota Statutes 609.342, 609.343, 609.344,
and 609.345;
k. Incest, as described in Minnesota Statutes
609.365, or
1. Criminal attempt, conspiracy, or solicitation
to commit any of the foregoing offenses;
2. For which:
a. Less than two (2) years have elapsed since the
date of conviction or the date of release from
confinement imposed for the conviction,
whichever is the later date, if the conviction
is of a misdemeanor offense;
b. Less than five (5) years have elapsed since
the date of conviction or the date of release
from confinement for the conviction, whichever
is the later date, if the conviction is of a
felony offense; or
c. Less than five (5) years have elapsed since
the date of the last conviction or the date of
release from confinement for the last
conviction, whichever is the later date, if
the convictions are of two (2) or more
misdemeanor offenses or combination of
misdemeanor offenses occurring within any
twenty-four (24) month period.
(k) The fact that a conviction is being appealed shall have
no effect on the disqualification of the applicant or
applicant's spouse.
(1) An applicant who has been convicted or whose spouse has
been convicted of an offense listed in Section
613.05. (1) . (J) . (1) may qualify for an adult use business
license only when the time period required by Section
613.05. (1) . (J) . (2) has elapsed.
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(m) The license, if granted, shall state the name of the
person or persons to whom it is granted, the expiration
date, and the address of the adult use business. The
license shall be posted in a conspicuous place at or near
the entrance to the adult use sexually -oriented business
so that it may be easily read at any time.
613.06: LICENSE FEES; LICENSE INVESTIGATION FEES. The annual fee
for an adult use business license shall be set by resolution of the
City Council. The investigation fee for the purpose of issuing a
license shall be set by resolution of the City Council. In the
event that the license is denied upon application, the license fee
shall be refunded; however, no part of the license investigation
fee shall be returned to the applicant. No part of the annual
license fee shall be refunded if the license is suspended or
revoked.
613.07: INSPECTION.
(1) An applicant or licensee shall permit representatives of the
Police Department, Fire Department, and Building Inspection
Division to inspect the premises of an adult use business for
the purpose of insuring compliance with the law, at any time
it is occupied or open for business.
(2) A person who operates an adult use business or their agent or
employee commits an offense if the person refuses to permit a
lawful inspection of the premises by a representative of the
Police Department at any time it is occupied or open for
business.
(3) The provisions of this Section do not apply to areas of an
adult motel which are currently being rented by a customer for
use as a permanent or temporary habitation.
613.08: EXPIRATION OF LICENSE.
(1) Each renewal license shall be issued for a maximum period of
one (1) year. All licenses expire on December 31 of each
year. Each license may be renewed only by making application
as provided in Section 613.04. Application for renewal shall
be made at least ninety (90) days before the expiration date.
If the City Administrator determines good and sufficient cause
is shown by the applicant for failure to file a timely renewal
application, the City Administrator may, if other provisions
of the Section are complied with, grant the application.
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(2) When the City Administrator denies renewal of a license, the
applicant shall not be issued a license for one (1) year from
the date of denial. If, subsequent to denial, the City
Administrator finds that the basis for denial of the renewal
license has been corrected or abated, the applicant may be
granted a license if at least ninety (90) days have elapsed -
since the date denial became final.
613.09: SUSPENSION. The City Administrator may suspend a license
for a period not to exceed thirty (30) days following written
notice and an opportunity to be heard if the Administrator
determines that a licensee or an employee of a license has:
(1) Violated or is not in compliance with this Ordinance;
(2) Engaged in excessive use of alcoholic beverages while on the
adult use sexually -oriented business premises;
(3) Refused to allow an inspection of the adult use business
premises as authorized by this section;
(4) Knowingly permitted unlawful gambling by any person on the
adult use business premises;
(5) Demonstrated inability to operate or manage an adult use
business in a peaceful and law-abiding manner, thus
necessitating action by law enforcement officers.
613.10: REVOCATION.
(1) The City Administrator may revoke a license preceded by
written notice and an opportunity to be heard if a cause of
suspension in Section 613.09 occurs and the license has been
suspended within the preceding twelve (12) months.
(2) The City Administrator may revoke a license if the City
Administrator determines that:
(a) A licensee gave false or misleading information to the
City during the application process;
(b) A licensee or an employee has knowingly allowed
possession, use, or sale of controlled substances on the
premises;
(c) A licensee or an employee has knowingly allowed
prostitution on the premises;
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(d) A licensee or an employee knowingly operated the adult
use business during a period of time when the licensee's
license was suspended.
(e) A licensee has been convicted of an offense listed in
Section 613.05. (1) . (J) . (1) for which the time period
required in Section 613.05.(1).(J).(2) has not elapsed;
(f) On two (2) or more occasions within a twelve (12) months
period, a person or persons committed an offense
occurring in or on the licensed premises of a crime
listed in Section 613.05.(1).(J).(1), for which a
conviction has been obtained, and the person or persons
were employees of the adult use business at the time the
offenses were committed;
(g) A licensee or an employee has knowingly allowed any act
of sexual intercourse, sodomy, oral copulation,
masturbation, or sexual contact to occur in or on the
licensed premises. The term "sexual contact" shall have
the meaning as it is defined in Minnesota Statutes
609.341, Subd. 11(b); or
(h) A licensee is delinquent in payment to the City for ad
valorem taxes, local lodging tax, or other taxes or fees
related to the adult use sexually -oriented business.
(3) The fact that a conviction is being appealed shall have no
effect on the revocation of the license.
(4) Subsection 613.10.(2).(g). does not apply to adult motels as
a ground for revoking the license unless the licensee or
employee knowingly allowed the act of sexual intercourse,
sodomy, oral copulation, masturbation, or sexual contact to
occur in a public place or within public view.
(5) When the City Administrator revokes a license, the revocation
shall continue for one (1) year and the licensee shall not be
issued an adult use business license for one (1) year from the
date revocation became effective. If, subsequent to
revocation, the City Administrator finds that the basis for
the revocation has been corrected or abated, the applicant may
be granted a license if at least ninety (90) days have elapsed
since the date the revocation became effective. If the
license was revoked under Subsection 613.10.(2).(g), an
applicant may not be granted another license until the
appropriate number of years required under Section
613.05. (1) . (J) . (2) . have elapsed.
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613.11: APPEAL.
(1) If the City Administrator denies the issuance of a license, or
suspends, or revokes a license, the Administrator shall send
to the applicant, or licensee, by certified mail, return
receipt requested, written notice of the action, and the right
to an appeal. The aggrieved party may appeal the decision of
the City Administrator within ten (10) days of receiving
notice of the City's action. The filing of an appeal stays
the action of the City Administrator in suspending or revoking
a license until the City Council makes a final decision.
(2) PROCEDURE: The City Council may appoint a committee of the
Council or an independent hearing officer to hear the matter,
report findings of fact, and a recommendation for disposition
to the Council. Hearings on the appeal shall be open to the
public and the licensee or applicant shall have the right to
appear and be represented by legal counsel and to offer
evidence in its behalf. At the conclusion of the hearing, the
City Council shall make a final decision.
(3) ADDITIONAL REQUIREMENTS: The City Council may condition
denial, suspension, revocation, or non -renewal of a license
upon appropriate terms and conditions.
613.12: TRANSFER OF LICENSE. A licensee shall not transfer his
or her license to another, nor shall a licensee operate an adult
use business under the authority of a license at any place other
than the address designated in the application.
613.13: ADDITIONAL REGULATIONS FOR ESCORT AGENCIES.
(1) An escort agency shall not employ any person under the age of
eighteen (18) years.
(2) A person commits an offense if he or she acts as an escort or
agrees to act as an escort for any person under the age of
eighteen (18) years.
613.14: ADDITIONAL REGULATIONS FOR NUDE MODEL S.PUDIOS.
(1) A nude model studio shall not employ any person under the age
of eighteen (18) years.
(2) A person commits an offense if he or she appears in a state of
nudity or knowingly allows another to appear in a state of
nudity in an area of a nude model studio premises which can be
viewed from the public right-of-way.
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613.15: ADDITIONAL REGULATIONS FOR ADULT THEATERS AND ADULT
MOTION PICTURE THEATERS.
(1) A person commits an offense if he or she knowingly allows a
person under the age of eighteen (18) years to appear in a
state of nudity in or on the premises of an adult theater or
adult motion picture theater.
(2) It is a defense to prosecution under Subsection 613.15.(1) of
this Section if the person under eighteen (18) years was in a
rest room not open to public view or persons of the opposite
sex.
613.16: ADDITIONAL REGULATIONS FOR ADULT MOTELS.
(1) Evidence that a sleeping room in a hotel, motel, or similar
commercial establishment has been rented and vacated two or
more times in a period of time that is less than ten (10) h
ours creates a rebuttable presumption that the establishment
is an adult motel as that term is defined in this Ordinance.
(2) A person commits an offense if, as the person on control of a
sleeping room in a hotel, motel, or similar commercial
establishment that does not have an adult use business
license, he or she rents or sub -rents a sleeping room to a
person and, within ten (10) hours from the time the room is
rented, he or she rents or sub -rents the same sleeping room
again.
(3) For purposes of Subsection 613.16.(2) of this Section, the
terms "rent" or "sub -rent" mean the act of permitting a room
to be occupied for any form of consideration.
613.17: REGULATIONS PERTAINING TO EXHIBITION OF SEXUALLY EXPLICIT
FILMS OR VIDEOS.
(1) A person who operates or causes to be operated an adult use
business, other than an adult motel, which exhibits on the
premises in a viewing room of less than one hundred fifty
(150) square feet of floor space,a film, video cassette, or
other video reproduction which depicts specified sexual
activities or specified anatomical areas, shall comply with
the following requirements:
(a) Upon application for an adult use business license, the
applicant shall be accompanied by a diagram "of the
premises showing a plan thereof specifying the location
of one or more manager's stations and the location of all
overhead lighting fixtures and designating any portion of
the premises in which patrons will not be permitted. A
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manager's station shall not exceed thirty-two (32) square
feet of floor area. The diagram shall also designate the
place at which the permit will be conspicuously posted,
of granted. A professionally prepared diagram in the
nature of an engineer's or architect's blueprint shall
not be required; however, each diagram should be oriented
to the north or to some designated street or object and
should be drawn to a designated scale or with marked
dimensions sufficient to show the various internal
dimensions of all areas of the interior of the premises
to an accuracy of plus or minus six (6) inches. The City
Administrator may waive the foregoing diagram for renewal
applications if the applicant adopts a diagram that was
previously submitted and certifies that the configuration
of the premises has not been altered since it was
prepared.
(b) The application shall be sworn to be true and correct by
the applicant.
(c) No alteration in the configuration or location of a
manager's station may be made without the prior approval
of the City Administrator or his or her designee.
(d) It is the duty of the owners and operator of the premises
to ensure that at least one (1) employee is on duty and
situated in each manager's station at all times that any
patron is present inside the premises.
(e) The interior of the premises shall be configured in such
a manner that there is an unobstructed view from a
manager's station of every area of the premises to which
any patron is permitted access for any purpose excluding
rest rooms. Rest rooms may not contain video
reproduction equipment. If the premises has two (2) or
more manager's stations designated, then the interior of
the premises shall be configured in such a manner that
there is an unobstructed view of each area of the
premises to which any patron is permitted access for any
purpose from at least one (1) of the manager's stations.
The view required in this sub -section must be by direct
line of sight from the manager's station.
(f) It shall be the duty of the owners and operator, and it
shall also be the duty of any agents and employees
present in the premises to ensure that the view area
specified in Sub -section (e) remains unobstructed by any
doors, walls, merchandise, display racks of other
materials at all times that any patron is present in the
premises and to ensure that no patron is permitted access
to any area of the premises which has been designated as
an area in which patrons will not be permitted in the
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application filed pursuant to Sub -section (a) of this
Section.
(g) The premises shall be equipped with overhead lighting
fixtures of sufficient intensity to illuminate every
place to which patrons are permitted access at an
illumination of not less than one (1) foot candle as
measured at the floor level.
(h) It shall be the duty of the owners and operators and it
shall also be the duty of any agents and employees
present in the premises to ensure that the illumination
described above, is maintained at all times that any
patron is present in the premises.
(2) A person having a duty under Sub -sections (a) through (h) of
Sub -section (1) above commits an offense if the person
knowingly fails to fulfill that duty.
613.18: ENFORCEMENT.
(1) Any person violating a provision of this Section, upon
conviction, is punishable by a fine not to exceed seven
hundred dollars ($700.00) and ninety (90) days in jail.
(2) It is a defense to prosecution under this Section that a
person appearing in a state of nudity did so in a modeling
class operated:
(a) By a proprietary school licensed by the State of
Minnesota; a college, junior college, or university
supported entirely or partly by taxation;
(b) By a private college or university which maintains and
operates educational programs in which credits are
transferable to a college, junior college, or university
supported entirely or partly by taxation; or
(c) In a structure:
1. Which has no sign visible from the exterior of the
structure and no other advertising that indicates a
nude person is available for viewing; and
2. Where in order to participate in a class, a student
must enroll at least three (3) days in advance of
the class; and
3. Where no more than one (1) nude model is on the
premises at any one time.
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613.19: INJUNCTION. A person who operates or causes to be
operated an adult use business without a valid license or in
violation of this Section is subject to a suit for injunction as
well as prosecution for criminal violations.
Section 2. Effective Date. This Ordinance shall take effect
upon its passage and publication according to the City Charter.
PASSED AND ADOPTED by the Lino Lakes City Council this 11th day of
October , 1993.
CITY OF LINO LAKES
Vernon F. Reinert, Mayor
ATTEST:
a it G. An erson City Clerk
Motion for the adoption of the foregoing ordinance 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: noe.
Whereupon said ordinance was declared duly passed and adopted.
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Council Member Elliott introduced the following
ordinance and moved its adoption:
CITY OF LINO LAKES
COUNTY OF ANOKA
ORDINANCE NO. 93-17
AN ORDINANCE AMENDING APPENDIX BI, ZONING ORDINANCE, SECTION 4,
SUBD. 7, ACCESSORY BUILDINGS AND STRUCTURES.
The City Council of the City of Lino Lakes, Anoka County, Minnesota
does ordain:
That Section 4, Subd. 4 Accessory Buildings and Structures
shall be deleted in its entirety and the following substituted
therefor:
(1) No accessory building or use shall be constructed or developed
on a lot prior to the time of construction of the principal
building to which it is accessory.
(2) A building or portion thereof used for an accessory use, other
than home occupation, shall be considered as an accessory
building.
(3)
Houseboats are to be considered accessory structures for
purposes of applying this ordinance. Any object that floats
which has sleeping accommodations and facilities for preparing
food shall be defined as a houseboat. All houseboats which
are to be docked or moored within the city limits for a period
of six (6) days or more shall require an annual Conditional
Use Permit. Said permit shall show the owner, owner's
address, boat license number, whether the boat is to be used
as a seasonal residence and, if so, for what period of time
during the year, type of sanitary sewage facility, water
supply, and plot plan showing method of access to public road.
Each houseboat shall have one off-street parking space within
four hundred (400) feet of the access to the docking of such
houseboat. No houseboat shall be used as a permanent
residence and, further, that utilities including sanitary
sewer, water electricity, and phone shall not be extended to
the houseboat.
(4) Ice fishing houses stored on parcels of land during summer
months shall be considered an accessory building
(5) Setbacks for accessory buildings in all districts shall be
determined in accordance with appropriate district provisions.
Location of said accessory buildings shall not interfer with
the future subdivision of the property.
(6) No accessory building in a commercial or industrial district
shall exceed the height of the principal building except by
Conditional Use Permit.
(7)
(8)
(9)
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A private garage in residential districts shall not be
utilized for business service or industry. Further, not more
than one-half of the space may be rented for the private
vehicles of persons not resident on the premises.
Such garage shall not be used for more than one commercial
vehicle. The gross weight of such vehicle shall not exceed
11,075 pounds gross weight.
Roadside Stands. Seasonal, temporary roadside stands for the
sale of agriculture products shall be permitted if:
(a) They are erected at least sixty (60) feet back from the
nearest edge of the roadway surface;
(b) They are used exclusively for the sale of agricultural
products grown in the City of Lino Lakes; and
(c) Adequate parking space is provided off the road right-of-
way and safe vehicular access and movements are assured.
Total number and specifications of accessory buildings
permitted in residential districts: the following summarizes
the maximum number of accessory buildings allowed in an
individual parcel according to lot size and residential
district:
(A) 20 acres or greater
(R and R -X Districts)
- No requirement
- Pole barns acceptable
No maximum height requirements
-One attached garage
(maximum square footage not to
exceed 1,100 sq. ft. or the
size of the house foundation,
whichever is greater). Each
detached accessory building
must be separate and not
physically attached to another.
(B) 10 to less than 20 acres -1 tool shed(maximum 400 sq.
ft.)
-1 detached garage (maximum
1,100 sq. ft.)
- 1 storage building or
domesticated farm animal
building (2400 sq. ft.)
-Pole barns acceptable
- One attached garage- maximum
square footage not to exceed
1,100 sq. ft. or the size of
the house foundation, whichever
is greater). Each detached
accessory building must be
separate and not physically
attached to another.
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(C) 5 to less than 10 acres -1 tool shed(maximum 400 sq.
ft.)
-1 detached garage (maximum
1,100 sq. ft.)
-1 storage building or
domesticated farm animal
building (maximum 1600 sq. ft.)
-Pole barns acceptable
-One attached garage (1,100 sq.
ft. or the size of the house
foundation, whichever is
greater). Each detached
accessory building must be
separate and not physically
attached to another.
(D) 2 1/2 Acres to less than -1 tool shed (maximum 400 sq.
5 Acres (R and R -X ft.) manufactured metal
Districts structure optional
-1 detached garage (maximum
1,100 sq. ft.) if there is no
attached garage.
- 1 storage building or
domesticated ;• farm animal
building .(maximum 1,000 sq.
ft.)
- No metal corrugated siding or
roof
- 16 ft. maximum height
-Roof and exterior color and
material compatible with home
(except manufactured metal tool
shed)
-One attached garage 1,100
square feet or 90 percent of
the size of the house
foundation, whichever is
greater. Each detached
accessory building must be
separate and not physically
attached to another.
(E) 1 1/4 Acres to 2 1/2 -1 tool shed (maximum 120 sq.
Acres (R and R -X District ft. manufactured metal structure
optional
- 1 detached garage (maximum
1,100 sq. ft., if there is no
attached garage ..
-1 storage building (maximum
800 sq. ft.)
- 16 ft. maximum height
-No metal corrugated siding or
roof
- Roof and exterior color and
material compatible with home
(except manufactured metal tool
shed)
(F) 1 1/4 Acre, or greater
(R-1, R -1X, R-2, R-3,
R-4, R-6, R-7 Districts
(G) 32,671 sq. ft. to less
than 1 1/4 acre
(R, R -X, R-1, R -1X,
R-2, R-3, R-4, R-6,
R-7 Districts
(H) Under 32,671 sq. ft.
(R, R -X, R-1, R -1X,
R-2, R-3, R-4, R-6,
R-7 Districts
(10) This Ordinance shall take
and publication according
Passed this 1 1 rh
- 1 tool shed (maximum 120 sq.
ft.) manufactured metal
structure optional
- 1 detached garage (maximum
1,100 sq. ft.) if there is no
attached garage
-1 storage building (maximum
800 sq. ft.)
- 16 ft. maximum height
-No metal corrugated siding or
roof
- Roof and exterior color and
material compatible with home
(except manufactured metal tool
shed)
-A total of 1,100 sq. ft. or 90
percent of the size of the house
foundation, whichever is greater
including any attached garage.
Not more than one R-7 garage,
attached or detached, and not
more than one additional
detached accessory building
-16 foot maximum height
-No metal or corrugated siding
or roof
- Roof and exterior color and
material compatible with home
(except manufactured fool shed)
-A total of 1,000 sq. ft. or 80
percent of the size of the house
foundation, whichever is greater
including any attached garage
- Not more than one garage,
attached or detached, and not
more than one additional
detached accessory building.
- 14 foot maximum height
- Roof and exterior color and
material compatible with home
(except manufactured tool shed)
effect immediately upon its passage
to the City Charter.
day of October
, 1993.
Vernon F. Reinert, Mayor
ATTEST:
2cf+ ( 1 ( 1
Mi yn G. Anderson, City Clerk
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Motion for the adoption of the foregoing ordinance 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 ordinance was declared duly passed and adopted.
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Council Member Kuether introduced the following
Ordinance and moved its adoption:
CITY OF LINO LAKES
COUNTY OF ANOKA
ORDINANCE NO. 93-18
AN ORDINANCE AMENDING APPENDIX B1, ZONING ORDINANCE, SECTION 4,
SUBDIVISION 17, AREAS WITHOUT SANITARY SEWER
The City Council of the City of Lino Lakes, Anoka County, Minnesota
does ordain:
That Section 4, Subd. 17, Areas without Sanitary Sewer shall
be deleted in its entirety and the following substituted therefor:
Subd. 17. Areas without Sanitary Sewer
(1) Except as provided for in this subdivision, the minimum single
family lot is ten (10) acres. This minimum lot size shall not
apply to smaller separate parcels of record in separate ownership
lawfully existing prior to July 13, 1992, provided that it can be
demonstrated by means satisfactory to the City that the smaller
parcels will not result in groundwater, soil or other contamination
which may endanger the public health.
(2) Habitable single family homes constructed prior to July 13,
1992 may reduce their lot size to a minimum of one (1) acre if the
balance of the property results in a parcel of ten (10) acres, or
is serviced by public sewer, and it can be demonstrated by means
satisfactory to the City that the division will not result in
groundwater, soil or other contamination which may endanger the
public health.
(3) Two-family apartments and multiple family dwellings are not
allowable uses.
(4) Subject to the other provisions of the Zoning Ordinance, other
non-residential uses may be permitted through site plan review.
The minimum lot size for each principal use is ten (10) acres. This
minimum lot size shall not apply to smaller separate parcels of
record in separate ownership lawfully existing prior to July 13,
1992 or newly created unsewered lots in the commercial and
industrial zoned districts provided the following conditions are
met.
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(a) A site plan approval shall not be granted unless it can be
demonstrated by means satisfactory to the City, that the use
will not result in groundwater, soil or other contamination
which may endanger the public health, will not increase future
City utility service demands and expense, and will not
jeopardize public safety and general welfare.
(b) The commercial or industrial subdivision waives all rights
of appeal of future local public improvements under the Lino
Lakes City Charter.
(5) All subdivisions in areas without public sanitary sewer shall
be designed such that the larger non-sewered lots can be
resubdivided to provide smaller sewered lots when sewer becomes
available in the future. Homes and accessory buildings shall be
located on these lots so as to allow for future resubdivisions.
This Ordinance shall become effective immediately upon its
passage and publication.
ADOPTED by the Lino Lakes City Council this llth day of
October 1993.
CITY OF LINO
ES
Vernon F. Reinert, Mayor
Mani yn G. Anderson, City Clerk
Motion for the adoption of the foregoing ordinance was duly seconded by Council
Member Neal 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 ordinance was declared duly passed and adopted.
27,
Council Member Elliott introduced the following resolution and
moved its adoption:
CITY OF LINO LAKES
Resolution No. 80 - 93
RESOLUTION ADOPTING ASSESSMENT FOR THE IMPROVEMENT OF BIRCHWOOD
ACRES, SECOND ADDITION AND BIRCHWOOD ACRES THIRD ADDITION
WHEREAS, pursuant to proper notice duly given as required by law,
the City Council met and heard and passed upon all
objections to the proposed assessment for the above
improvement of Birchwood Acres Second Addition and
Birchwood Acres Third Addition,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LINO LAKES, MINNESOTA:
1. Such proposed assessment, a copy of which is attached hereto
and made a part hereof, is hereby accepted and shall
constitute the special assessment against the lands named
therein, and each tract of land therein included is hereby
found to be benefitted by the proposed improvement in the
amount of the assessment levied against it.
2. Such assessment shall be payable in equal annual installments
extending over a period of fifteen years, the first
installment to be payable on or before the first Monday in
January, 1994 and shall bear interest at the rate of eight and
one half (8 1/2%) per cent per annum from the date of the
adoption of this assessment resolution. to the first
installment shall be added interest on the entire assessment
from the date of this resolution until December 1, 1993. To
each subsequent installment when due shall be added interest
for one year on all unpaid installments.
3. The owner of any property so assessed may, at any time prior
to certification of the assessment to the County Auditor, pay
the whole of the assessment on such property, with interest
accrued to the date of payment, to the City Treasurer, except
that no interest shall be charged if the entire assessment is
paid within thirty (30) days from the adoption of this
resolution; and he may at any time thereafter, pay to the City
Treasurer the entire amount of the assessment remaining
unpaid, with interest accrued to December 31, of the year in
which such payment is made. Such payment must be made before
November 15, or interest will be charged through December 31
of the next succeeding year.
4. The Clerk shall forthwith transmit a certified duplicate of
this assessment to the County Auditor to be extended on
the property tax lists of the County. Such assessments shall
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RESOLUTION NO. 80 - 93
Page -2-
be collected and paid over in the same manner as other
municipal taxes.
Adopted by the Council this llth day of October, 1993.
Vernon F. Reinert, Mayor
)
Marilyn 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.
Whereupon said resolution was declared duly passed and adopted.
Council Member Elliott
and moved its adoption:
introduced the following resolution
CITY OF LINO LAKES
Resolution No. 81 - 93
RESOLUTION ADOPTING ASSESSMENT FOR THE IMPROVEMENT OF BLACK DUCK
ESTATES AND BLACK DUCK ESTATES SECOND ADDITION
WHEREAS, pursuant to proper notice duly given as required by law,
the City Council met and heard and passed upon all
objections to the proposed assessment for the above
improvement of Black Duck Estates and Black Duck Estates
Second Addition,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LINO LAKES, MINNESOTA:
1. Such proposed assessment, a copy of which is attached hereto
and made a part hereof, is hereby accepted and shall
constitute the special assessment against the lands named
therein, and each tract of land therein included is hereby
found to be benefitted by the proposed improvement in the
amount of the assessment levied against it.
2. Such assessment shall be payable in equal annual installments
extending over a period of fifteen years, the first
installment to be payable on or before the first Monday in
January, 1994 and shall bear interest at the rate of eight and
one half (8 1/2%) per cent per annum from the date of the
adoption of this assessment resolution. to the first
installment shall be added interest on the entire assessment
from the date of this resolution until December 1, 1993. To
each subsequent installment when due shall be added interest
for one year on all unpaid installments.
3. The owner of any property so assessed may, at any time prior
to certification of the assessment to the County Auditor, pay
the whole of the assessment on such property, with interest
accrued to the date of payment, to the City Treasurer, except
that no interest shall be charged if the entire assessment is
paid within thirty (30) days from the adoption of this
resolution; and he may at any time thereafter, pay to the City
Treasurer the entire amount of the assessment remaining
unpaid, with interest accrued to December 31, of the year in
which such payment is made. Such payment must be made before
November 15, or interest will be charged through December 31
of the next succeeding year.
4. The Clerk shall forthwith transmit a certified duplicate of
this assessment to the County Auditor to be extended on
the property tax lists of the County. Such assessments shall
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231
RESOLUTION NO. 81 - 93
Page -2-
be collected and paid over in the same manner as other
municipal taxes.
Adopted by the Council this llth day of October, 1993.
Vernon F. Reinert, Mayor
Marin 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.
Whereupon said resolution was declared duly passed and adopted.
Council Member Bergeson
and moved its adoption:
introduced the following resolution
CITY OF LINO LAKES
Resolution No. 82 - 93
RESOLUTION ADOPTING ASSESSMENT FOR THE IMPROVEMENT OF PARK GROVE
WHEREAS, pursuant to proper notice duly given as required by law,
the City Council met and heard and passed upon all
objections to the proposed assessment for the above
improvement of Park Grove,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LINO LAKES, MINNESOTA:
1. Such proposed assessment, a copy of which is attached hereto
and made a part hereof, is hereby accepted and shall
constitute the special assessment against the lands named
therein, and each tract of land therein included is hereby
found to be benefitted by the proposed improvement in the
amount of the assessment levied against it.
2. Such assessment shall be payable in equal annual installments
extending over a period of fifteen years, the first
installment to be payable on or before the first Monday in
January, 1994 and shall bear interest at the rate of eight and
one half (8 1/2%) per cent per annum from the date of the
adoption of this assessment resolution. to the first
installment shall be added interest on the entire assessment
from the date of this resolution until December 1, 1993. To
each subsequent installment when due shall be added interest
for one year on all unpaid installments.
3. The owner of any property so assessed may, at any time prior
to certification of the assessment to the County Auditor, pay
the whole of the assessment on such property, with interest
accrued to the date of payment, to the City Treasurer, except
that no interest shall be charged if the entire assessment is
paid within thirty (30) days from the adoption of this
resolution; and he may at any time thereafter, pay to the City
Treasurer the entire amount of the assessment remaining
unpaid, with interest accrued to December 31, of the year in
which such payment is made. Such payment must be made before
November 15, or interest will be charged through December 31
of the next succeeding year.
4. The Clerk shall forthwith transmit a certified duplicate of
this assessment to the County Auditor to be extended on
the property tax lists of the County. Such assessments shall
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RESOLUTION NO. 82 — 93
Page -2-
be collected and paid over in the same manner as other
municipal taxes.
Adopted by the Council this 11th day of October,
PMri7lg‘ &I A 1)/ ;12LJ,9--.,
yn .. An er on, Clerk -Treasurer
Vernon F. Reinert, Mayor
The motion for the 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.
23
Council Member Kuether
and moved its adoption:
introduced the following resolution
CITY OF LINO LAKES
Resolution No. 83 - 93
RESOLUTION ADOPTING ASSESSMENT FOR THE IMPROVEMENT OF BRANDYWOOD
ESTATES, THIRD ADDITION
WHEREAS, pursuant to proper notice duly given as required by law,
the City Council met and heard and passed upon all
objections to the proposed assessment for the above
improvement of Brandywood Estates, Third Addition,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LINO LAKES, MINNESOTA:
1. Such proposed assessment, a copy of which is attached hereto
and made a part hereof, is hereby accepted and shall
constitute the special assessment against the lands named
therein, and each tract of land therein included is hereby
found to be benefitted by the proposed improvement in the
amount of the assessment levied against it.
2. Such assessment shall be payable in equal annual installments
extending over a period of fifteen years, the first
installment to be payable on or before the first Monday in
January, 1994 and shall bear interest at the rate of eight and
one half (8 1/2%) per cent per annum from the date of the
adoption of this assessment resolution. to the first
installment shall be added interest on the entire assessment
from the date of this resolution until December 1, 1993. To
each subsequent installment when due shall be added interest
for one year on all unpaid installments.
3. The owner of any property so assessed may, at any time prior
to certification of the assessment to the County Auditor, pay
the whole of the assessment on such property, with interest
accrued to the date of payment, to the City Treasurer, except
that no interest shall be charged if the entire assessment is
paid within thirty (30) days from the adoption of this
resolution; and he may at any time thereafter, pay to the City
Treasurer the entire amount of the assessment remaining
unpaid, with interest accrued to December 31, of the year in
which such payment is made. Such payment must be made before
November 15, or interest will be charged through December 31
of the next succeeding year.
4. The Clerk shall forthwith transmit a certified duplicate of
this assessment to the County Auditor to be extended on
the property tax lists of the County. Such assessments shall
1
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RESOLUTION NO. 83 - 93
Page -2-
be collected and
municipal taxes.
Adopted by the Council
235.
paid over in the same manner as other
this llth day of October,
arillyn c . Anderson, Clerk -Treasurer
1993.
Vernon F. Reinert, Mayor
The motion for the adoption of the foregoing resolution was duly
seconded by Council Member Neal 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.
236
Council Member Kuether introduced the following resolution
and moved its adoption:
CITY OF LINO LAKES
Resolution No. 84 - 93
RESOLUTION ADOPTING ASSESSMENT FOR THE IMPROVEMENT OF SHORES OF
MARSHAN LAKE
WHEREAS, pursuant to proper notice duly given as required by law,
the City Council met and heard and passed upon all
objections to the proposed assessment for the above
improvement of Shores of Marshan Lake,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LINO LAKES, MINNESOTA:
1. Such proposed assessment, a copy of which is attached hereto
and made a part hereof, is hereby accepted and shall
constitute the special assessment against the lands named
therein, and each tract of land therein included is hereby
found to be benefitted by the proposed improvement in the
amount of the assessment levied against it.
2. Such assessment shall be payable in equal annual installments
extending over a period of fifteen years, the first
installment to be payable on or before the first Monday in
January, 1994 and shall bear interest at the rate of eight and
one half (8 1/2%) per cent per annum from the date of the
adoption of this assessment resolution. to the first
installment shall be added interest on the entire assessment
from the date of this resolution until December 1, 1993. To
each subsequent installment when due shall be added interest
for one year on all unpaid installments.
3. The owner of any property so assessed may, at any time prior
to certification of the assessment to the County Auditor, pay
the whole of the assessment on such property, with interest
accrued to the date of payment, to the City Treasurer, except
that no interest shall be charged if the entire assessment is
paid within thirty (30) days from the adoption of this
resolution; and he may at any time thereafter, pay to the City
Treasurer the entire amount of the assessment remaining
unpaid, with interest accrued to December 31, of the year in
which such payment is made. Such payment must be made before
November 15, or interest will be charged through December 31
of the next succeeding year.
4. The Clerk shall forthwith transmit a certified duplicate of
this assessment to the County Auditor to be extended on
the property tax lists of the County. Such assessments shall
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1
237
RESOLUTION NO. 84 - 93
Page -2-
be collected and paid over in the same manner as other
municipal taxes.
Adopted by the Council this llth day of October, 1993.
Vernon F. Reinert, Mayor
A7Mayn . Anderson, Clerk -Treasurer
The motion for the adoption of the foregoing resolution was duly
seconded by Council Member Neal 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.
733
Council Member
Elliott
moved its adoption:
introduced the following resolution and
CITY OF LINO LAKES
Resolution No. 85 - 93
RESOLUTION ADOPTING ASSESSMENT FOR THE IMPROVEMENT OF WOODS OF
BALDWIN LAKE
WHEREAS, pursuant to proper notice duly given as required by law,
the City Council met and heard and passed upon all
objections to the proposed assessment for the above
improvement of Woods of Baldwin Lake,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LINO LAKES, MINNESOTA:
1. Such proposed assessment, a copy of which is attached hereto
and made a part hereof, is hereby accepted and shall
constitute the special assessment against the lands named
therein, and each tract of land therein included is hereby
found to be benefitted by the proposed improvement in the
amount of the assessment levied against it.
2. Such assessment shall be payable in equal annual installments
extending over a period of fifteen years, the first
installment to be payable on or before the first Monday in
January, 1994 and shall bear interest at the rate of eight and
one half (8 1/2%) per cent per annum from the date of the
adoption of this assessment resolution. to the first
installment shall be added interest on the entire assessment
from the date of this resolution until December 1, 1993. To
each subsequent installment when due shall be added interest
for one year on all unpaid installments.
3. The owner of any property so assessed may, at any time prior
to certification of the assessment to the County Auditor, pay
the whole of the assessment on such property, with interest
accrued to the date of payment, to the City Treasurer, except
that no interest shall be charged if the entire assessment is
paid within thirty (30) days from the adoption of this
resolution; and he may at any time thereafter, pay to the City
Treasurer the entire amount of the assessment remaining
unpaid, with interest accrued to December 31, of the year in
which such payment is made. Such payment must be made before
November 15, or interest will be charged through December 31
of the next succeeding year.
4. The Clerk shall forthwith transmit a certified duplicate of
this assessment to the County Auditor to be extended on
the property tax lists of the County. Such assessments shall
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1
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RESOLUTION NO. 85 - 93
Page -2-
be collected and paid over in the same manner as other
municipal taxes.
Adopted by the Council this llth day of October,
ar'lyn . Anderson, Clerk -Treasurer
1993.
Vernon F. Reinert, Mayor
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.
2.4 ()
Council Member
Kuether
moved its adoption:
introduced the following resolution and
CITY OF LINO LAKES
Resolution No. 86 - 93
RESOLUTION ADOPTING ASSESSMENT FOR THE IMPROVEMENT OF QUAIL RIDGE
WHEREAS, pursuant to proper notice duly given as required by law,
the City Council met and heard and passed upon all
objections to the proposed assessment for the above
improvement of Quail Ridge,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LINO LAKES, MINNESOTA:
1. Such proposed assessment, a copy of which is attached hereto
and made a part hereof, is hereby accepted and shall
constitute the special assessment against the lands named
therein, and each tract of land therein included is hereby
found to be benefitted by the proposed improvement in the
amount of the assessment levied against it.
2. Such assessment shall be payable in equal annual installments
extending over a period of fifteen years, the first
installment to be payable on or before the first Monday in
January, 1994 and shall bear interest at the rate of eight and
one half (8 1/2%) per cent per annum from the date of the
adoption of this assessment resolution. to the first
installment shall be added interest on the entire assessment
from the date of this resolution until December 1, 1993. To
each subsequent installment when due shall be added interest
for one year on all unpaid installments.
3. The owner of any property so assessed may, at any time prior
to certification of the assessment to the County Auditor, pay
the whole of the assessment on such property, with interest
accrued to the date of payment, to the City Treasurer, except
that no interest shall be charged if the entire assessment is
paid within thirty (30) days from the adoption of this
resolution; and he may at any time thereafter, pay to the City
Treasurer the entire amount of the assessment remaining
unpaid, with interest accrued to December 31, of the year in
which such payment is made. Such payment must be made before
November 15, or interest will be charged through December 31
of the next succeeding year.
4. The Clerk shall forthwith transmit a certified duplicate of
this assessment to the County Auditor to be extended on
the property tax lists of the County. Such assessments shall
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• 241
RESOLUTION NO. 86 - 93
Page -2-
be collected and paid over in the same manner as other
municipal taxes.
Adopted by the Council this llth day of October, 199
Vernon F. Reinert, Mayor
M)1
ari yn U. Anderson, Clerk -Treasurer
The motion for the 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.
2 4!
Council Member
Elliott
and moved its adoption:
introduced the following resolution
CITY OF LINO LAKES
RESOLUTION NO. 88 - 93
A RESOLUTION AUTHORIZING THE CITY CLERK - TREASURER TO CERTIFY
DELINQUENT WATER AND SEWER UTILITY BILLS FOR COLLECTION WITH THE
1993 PROPERTY TAXES, COLLECTABLE IN 1994
WHEREAS, pursuant to City Code Chapter 400, Section 401.29 and
Chapter 402, Section 402.14, Subd. 5, the Clerk -Treasurer
has prepared a list of residents who have delinquent
sewer or delinquent water and sewer bills to be certified
to the Anoka County Auditor for collection with the 1993
property tax statements collectable in 1994, and
WHEREAS, notice of impending action was prepared on August 16,
1993 and September 27, 1993 to be delivered to the
residents,
NOW, THEREFORE BE IT RESOLVED BY THE LINO LAKES CITY COUNCIL:
that the City Council of the City of Lino Lakes, Anoka County,
Minnesota, hereby does levy the following sums of money
collectable in the year 1994 upon the following property in
said City of Lino Lakes:
NAME AND ADDRESS
PIN AMOUNT
Mark V. & Florence M. Ahola 19-31-22-24-0065 $514.47
157 Ulmer Drive
Lino Lakes, Mn. 55014
Steve L. Allen & 28-31-22-42-0062 $597.94
B. J. Stroschein
6543 Pheasant Run South
Lino Lakes, Mn. 55014
Ronald T. & Diane F. Becker 19-31-22-33-0012
51 North ,Road
Lino Lakes, Mn. 55014
John A. & Linda M. Berg 31-31-22-32-0020
109 Woodridge Lane
Lino Lakes, Mn. 55014
Lawrence D. & G. K. Berg 29-31-22-33-0077
408 Arrowhead Drive
Lino Lakes, Mn. 55014
PAGE 1
$275.00
$942.51
$105.26
1
1
Joyce Bertossi & Kevin Storm 19-31-22-21-0018 $554.34
7144 Mourning Dove Road
Lino Lakes, Mn. 55014
William D. & Suzanne R. Brown 22-31-22-41-0021 $238.82
6900 LaMotte Drive
Lino Lakes, Mn. 55038
-- t'�i-r i TBitrn i i 8-3� -�2 --4 9 -tj (�� 5— f- •= ---$-12 -2 8
X82 Phe$sant-Run-South
L 11. 55-014
Paul M. & Charlotte J. Camp 19-31-22-24-0062
175 Ulmer Drive
Lino Lakes, Mn. 55014
David S. & Diane M. Carey 19-31-22-31-0042
6920 Glenview Lane
Lino Lakes, Mn. 55014
rgen se 3 2 8� 22-2-4-0024
(--heinhP�--S-.
--6.6 4_7,Wh-i-t- ;4--r- - C -o t
Lnom mss,- Mi = 5 111
$518.32
$350.56
,t:
Timothy S. & Rita Chilstrom 28-31-22-42-0012
1057 Tamarack Lane
Lino Lakes, Mn. 55014
Jeremich D. & Hannelore Dame 29-31-22-33-0053
6498 Ware Road
Lino Lakes, Mn 55014
Robert W. & Betha A. DeMuth 28-31-22-13-0113
6633 Black Duck Drive
Lino Lakes, Mn. 55014
Daniel J. & Virginia Emslander 29-31-22-44-0003
717 Beaver Trail
Lino Lakes, Mn. 55014
Donald J. & Mary E. Ethen 29-31-22-44-0013
6492 Fawn Lane
Lino Lakes, Mn. 55014
John D. & Lori A.Fredricksen 30-31-22-13-0015
6673 Pelican Place
Lino Lakes, Mn. 55014
Michael E. & Martha R. Gaydos 19-31-22-31-0028
151 Glenview Avenue
Lino Lakes, Mn. 55014
PAGE 2
$362.70
$238.82
$498.03
$754.70
$569.76
$686.78
$193.04
243
. 244
Patrick A. & Constance J. 19-31-22-12-0037 $367.98
Goral
7136 Second Avenue
Lino Lakes, Mn. 55014
Darrin D. Gould 29-31-22-32-0021
6533 Hokah Drive
Lino Lakes, Mn. 55014
Mary L. Gray 29-31-22-33-0013
6414 Totem Trail
Lino Lakes, Mn. 55014
Ronald L. & C. J. Grossklaus 28-31-22-12-0003
6786 East Shadow Lake Drive
Lino Lakes, Mn. 55014
Robert E. Johnson ETAL 28-31-22-21-0006
6717 East Shadow Lake Drive
Lino Lakes, Mn. 55014
Jay C. & Cheryl A. Johnston 29-31-22-32-0022
6525 Hokah Drive
Lino Lakes, Mn. 55014
'W3
71G5 Sunfish-Geurt
$238.82
$238.82
$565.62
$72.90
$238.82
DA404) i
e g s--19-2-2-24,-0457
31 $633.44
Donald C. & Maureen Klecker 29-31-22-34-0068
532 Arrowhead Drive
Lino Lakes, Mn. 55014
Joseph T. Walbon
(Richard Koeppl)
6841 Sunrise Drive
Lino Lakes, Mn. 55014
19-31-22-33-0036
$238.82
ice (L/
$ 11.9 3 f -- /703
Joseph R. & Denise Y. Laber 30-31-22-24-0034
150 Egret Lane
Lino Lakes, Mn. 55014
Christopher T. & Brenda Lanahan 19-31-22-13-0042
7078 Second Avenue
Lino Lakes, Mn. 55014
PAGE 3
!!_ _ ••ft
$219.41
$725.97
1
'J=1-1=2 Second -Avenue
Lino -Lakes, - Mn ----55-0-14
Robert M. & Therese S. 28-31-22-13-0002 $502.03
Matykiewicz
6674 Black Duck Drive
Lino Lakes, Mn. 55014
Keith K. & Candace F. McLean 29-31-22-34-0073 $180.26
507 Arrowhead Drive
Lino Lakes, Mn. 55014
Lawrence D. & Kristina A. 19-31-22-21-0068 $289.30
Murphy
7143 Grey Squirrel Road
Lino Lakes, Mn. 55014
Douglas J. & Debra L. Nalezny 28-31-22-42-0030
1064 Tamarack Lane
Lino Lakes, Mn. 55014
David L. & Mary L. Oliver 29-31-22-32-0034
6558 Hokah Drive
Lino Lakes, Mn. 55014
Phillip J. & Beverly A. Owen 29-31-22-34-0075
519 Arrowhead Drive
Lino Lakes, Mn. 55014
Cye R. Powell & 29-31-22-34-0069
Sandra Moats
540 Arrowhead Drive
Lino Lakes, Mn. 55014
Joel R. & Michelle Richardson 22-31-22-41-0043
1550 LaMotte Circle
Lino Lakes, Mn. 55038
$502.19
$238.82
$238.82
$238.82
$374.10
Daniel J. & Hope V. Robinson 28-31-22-13-0031 $214.04
(Michael P. Scheele)
6602 Pheasant Run
Lino Lakes, Mn. 55014
Debra K. Simons 29-31-22-34-0031 $421.89
6816 Sunset Road
Lino Lakes, Mn. 55014
Todd J. & Michelle 19-31-22-21-0042 $564.66
Villafuerte
7196 Sunrise Drive
Lino Lakes, Mn. 55014
PAGE 4
24
246
James R. & Cynthia L. Wagner 28-31-22-12-0005
6782 East Shadow Lake Drive
Lino Lakes, Mn. 55014
$630.47
Eugene A. & Lyndia L. Welsh 21-31-22-43-0031 $298.87
6816 East Shadow Lake Drive
Lino Lakes, Mn. 55014
$17,621.89
Passed by the Lino Lakes City Council this llth day of October,
1993.
Vernon F. Reinert, Mayor
fi
44_,, %1W7--`
JL
rilyn[ G. Anderson, Clerk -Treasurer
The motion for the adoption of the foregoing resolution was duly
seconded by Council Member Neal 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.
PAGE 5