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Home My WebLink About2009-010 Council Ordinances1st Reading: November 9, 2009 Publication: December 1, 2009 2°d Reading: November 23, 2009 Effective: December 31 , 2009 Council Member Fel ieitE moved for adoption of the following ordinance: CITY OF LINO LAKES COUNTY OF ANOKA ORDINANCE NO. 10-09 ADOPTING A CODE OF ORDINANCES FOR THE CITY OF LINO LAKES, MINNESOTA, AMENDING, RESTATING, REVISING, UPDATING, CODIFYING, AND COMPILING CERTAIN ORDINANCES OF THE CITY DEALING WITH THE SUBJECTS EMBRACED IN THE CODE OF ORDINANCES. Whereas, pursuant to State law and the Charter of the City of Lino Lakes, Section 3.11, the City Council has reviewed, rearranged and revised the Lino Lakes Code of Ordinances as part of a project to update said Code; and Whereas, pursuant to the Charter of the City of Lino Lakes, Section 3.11, the City Council has authorized publication of said Code into a book that has been made available for public review; and Whereas, pursuant to the Charter of the City of Lino Lakes, Section 3.11, a notice was published in the city's official newspaper for two successive weeks informing the public of the City Council's intent to adopt the updated Lino Lakes Code of Ordinances; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LINO LAKES DOES ORDAIN: Section 1. The general ordinances of the city as amended, restated, revised, updated, codified and compiled in book form, including penalties for the violations of various provisions thereof, are adopted and shall constitute the Code of Ordinances of the City of Lino Lakes. This Code also adopts, by reference, certain statutes and administrative rules of the State of Minnesota as named in the Code of Ordinances. Section 2. The Code of Ordinances as adopted in Section 1 shall consist of the following titles: TITLE 100: GENERAL PROVISIONS TITLE 200: COUNCIL AND ADMINISTRATION TITLE 300: PUBLIC PROPERTY AND IMPROVEMENTS TITLE 400: WATER AND SEWER TITLE 500: GENERAL REGULATIONS TITLE 600: BUSINESS AND ACTIVITY LICENSES TITLE 700: LIQUOR AND BEER TITLE 900: NUISANCES TITLE 1000: LAND USAGE TITLE 1100: SHORELAND AND FLOOD PLAIN MANAGEMENT TABLE OF SPECIAL ORDINANCES APPENDIX: FEE SCHEDULE PARALLEL REFERENCES Section 3. All prior ordinances pertaining to subjects treated in the Code of Ordinances shall be deemed repealed from and after the effective date of this ordinance, except as they are included and re -ordained in whole or in part in the Code of Ordinances; provided this repeal shall not affect any offense committed or penalty incurred, or any right established prior to the effective date of this ordinance, nor shall this repeal affect the provisions of ordinances levying taxes; appropriating money, annexing or detaching territory; establishing franchises; granting special rights to certain persons; authorizing public improvements; authorizing the issuance of bonds or borrowing of money; authorizing the purchase or sale of real or personal property; granting or accepting easements, plat or dedication of land to public use; or vacating or setting the boundaries of streets or other public places; nor shall this repeal affect any other ordinances of a temporary or special nature or pertaining to subjects not contained in or covered by the Code of Ordinances. All fees established in prior ordinances shall remain in effect unless amended in this Code of Ordinances, or included in the city's fee schedule ordinance. Section 4. This ordinance adopting the Code of Ordinances shall be a sufficient publication of any ordinance included in it and not previously published in the city's official newspaper. The city clerk shall cause a sufficient quantity of the Code of Ordinances to be printed for general distribution to the public at a cost established by the city, and shall furnish a copy of the Code of Ordinances to the County Law Library or its designated depository. The official copy of this Code of Ordinances shall be marked and kept in the office of the city clerk. Section 5. The Code of Ordinances is declared to be prima facie evidence of the law of the city and shall be received in evidence as provided by Minnesota Statutes by the courts of the State of Minnesota. Section 6. This ordinance adopting the Code of Ordinances, and the Code of Ordinances itself, shall take effect upon passage and publication according to the city charter. est: Julianne Barter, City Clerk Adopted by the Lino Lakes City Council this 23rd day of November, 2009. The motion for the adoption of the foregoing ordinance was duly seconded by Council Member thereof: me/tit) � �% � j7vw1 1i&t1 e -e$ The following voted against same: Whereupon said ordinance was declared duly passed and adopted. and upon a vote being taken thereon, the following voted in favor STAFF ORIGINATOR: MEETING DATE: TOPIC: VOTE REQUIRED: BACKGROUND AGENDA ITEM 3Ai Julie Bartell, City Clerk November 23, 2009 Second reading and adoption of Ordinance No. 09-10, Adopting a Code of Ordinances for the City of Lino Lakes (amending, restating, revising, updating, codifying, and compiling certain ordinances of the city dealing with the subjects embraced in the code of ordinances) 3/5 The Lino Lakes City Code establishes the laws, rules and policies under which the city operates. Although there have been amendments approved by the council and some state law changes impacting city regulations, this document has not been updated since 1993. The council's most recent Goals, Objectives, Management Action Plan calls for completion of a project to bring this document up to date. Currently, the City Code is maintained in the form of a three-ring binder into which staff inserts ordinances as they are approved by the city council. A portion of the code update project is to have that code book reprinted to include all changes since 1993. In addition, staff intends that the city will also maintain the code on-line, making information accessible from the city's Web page. This type of access to city regulations is now widely expected by citizens, the city's legal counsel, the police department and the larger community in general. To this end, city staff and the council have engaged in the following process: • The city hired a codifier company who prepared a draft code that includes all changes since 1993 and whose legal staff advised the city on changes to bring the code up to date (mainly with state law); • Department directors were asked to review and approve portions of the draft code that relate to their area of responsibility along with consider the changes recommended by the code company's legal counsel; • The city clerk inserted all changes into the draft code document for review by the council. The council has overviewed the code, section by section, with staff explaining any changes that were seen as substantive and with the council incorporating changes as they deemed appropriate; • Based on council direction at the October work session, staff has proceeded with an approval preparation process by publishing appropriate notice that a new code will be considered by the council and informing tobacco dealers of changes to regulations impacting their business (as required by state law). The update project does not include the zoning section of the code since those regulations will be updated as part of implementation of the comprehensive plan. A copy of the new code that shows all the changes (underline and strike out) has been available for public review throughout the project. The council held a public hearing and granted approval to first reading of Ordinance No. 10-09 on November 9, 2009. RECOMMENDATION Staff recommends approval of second reading and adoption of Ordinance No. 09-10 adopting a new city code.