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HomeMy WebLinkAbout2009-011 Council Ordinances1st Readin • : • .. _ 11 • Publication: , _ - „ • - , 1 . 2"' Reading: Novembers 23, 2009 Effective: December 31, 2009 Council Member O'Donnell moved for adoption of the following ordinance: CITY OF LINO LAKES ORDINANCE NO. 11-09 AN ORDINANCE AMENDING THE PLANNED UNIT DEVELOPMENT FOR THE LEGACY AT WOODS EDGE (LINO LAKES TOWN CENTER) AS CREATED BY ORDINANCE 04-04 AND PREVIOUSLY AMENDED BY ORDINANCES 14-08 AND 09-05. The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: SECTION I. FINDINGS The City Council makes the following findings regarding the application for amending the Planned Unit Development for the property described below, based on the factors listed in Section 2, Subd. l E of the Lino Lakes zoning ordinance: 1. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan, as the site is guided for mixed uses. 2. The proposed use is or will be compatible with present and future land uses of the area. The project area is guided for a mix uses. Land in the area of the site is already developed with mixed uses or designated for such use. 3. The Lino Lakes Town Center Design & Development Guide contains specific performance standards that will apply to any Assisted Living Facility use that is proposed within the Planned Unit Development area. 4. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. Public improvements have been completed that will service the entire Planned Unit Development area adequately. 5. Traffic generation by the proposed use is within capabilities of streets serving the property in conjunction with the public improvements proposed. The Planned Unit Development for the Legacy at Woods Edge (Lino Lakes Town Center) as approved by Ordinance 04-04 is hereby amended as follows: Ordinance 11-09 Page 2 SECTION 2. A. Section 2.1 of the Lino Lakes Town Center Design & Development Guide, attached to Ordinance 04-04 as Exhibit B, shall be amended as follows: 2.1. THE LAND USE PLAN Figure 3, the Land Use Plan, spells out the basic arrangement and extent of activities within the Town Center. The land uses shown in the Land Use Plan correspond to the Mixed Use, Commercial, and Civic District, which have one set of design and development standards; and the Residential District, which has another set of design and development standards. The boundaries shown on the Land Use Plan are approximate. As long as development conforms to the regulating plan, boundaries may change based on detailed site analysis and revised regulations for the protection of environmental assets. The Land Use Plan ensures mixed use and shows specific boundaries for the Residential District. However, residences may also be built as upper -story housing over ground - floor rear er office commercial in the Mixed -Use District;. Assisted Living Facilities are also allowed in certain portions of the Commercial District and above other commercial uses in the Mixed -Use District. • The minimum and maximum numbers of residential units are assigned in the Lino Lakes Comprehensive Plan. Minor adjustments to the Land Use Plan are permitted at the discretion of the City Council, if the Council finds they are consistent with the intent of the Development Standards. Adjustments are subject to review and reversal by the City Council. Significant adjustments will require amendment to this land use plan and design standards. . . • - - -- - -- . .. a .. . . . . .. :. B. Section 3.1 of the Lino Lakes Town Center Design & Development Guide, attached to Ordinance 04-04 as Exhibit B, shall be amended as follows: 3.1. ALLOWABLE USES Table 1 indicates allowable land uses, both permitted (P) and conditional (C), in each of the land use Districts designated on the Land Use Plan. Conditional uses are expected to meet special requirements in their design or on-going operation. The Mixed -Use, Commercial and Civic Districts preclude uses that would likely detract from their compact and pedestrian -friendly character. In Mixed -Use Districts, community- and neighborhood - serving retail stores (such as full-service grocery, drug and hardware stores), entertainment uses, restaurants, and specialty shops are preferred. Assisted Living Facilities allowed in certain portions of the Commercial Districts, are subject to Commercial and Mixed Use standards. Upper -story housing is alse allowed in Mixed -Use Districts over retail or office commercial or civic uses_ All housing in Mixed Use Districts are subject to , and is subject to the standards for the Mixed -Use Districts, rather than the standards for the Residential Districts. Ordinance 11-09 Page 3 C. Table 1 of Section 3.1 (Allowable Uses) of the Lino Lakes Town Center Design & Development Guide, attached to Ordinance 04-04 as Exhibit B, the Table title shall be amended, the use Assisted Living Facility added at the end of the Commercial Uses section, and the Residential Uses section shall be amended as follows: SECTION 3.1 ALLOWABLE USES Table 1. Allowable Land Uses in Mixed -Use, Commercial, Commercial/ Residential and Civic Districts Allowable Land Use Comm ercial Mixed Use Civic Commercial Uses Assisted Living Facilities, provided that they are not on the first floor P P = of a building except in areas with a 50% build to line or less. Residential Uses Residential living) - P - units (including senior apartments or assisted above ground -floor commercial space (e.g. retail or employment), including "live work units." P' - - a. - " - ting — P — e . .. a civic purpose and man living. _quasi public entity, such as senior apartments or assisted SECTION 3. As above amended, said Ordinance shall stand as initially passed and previously amended. SECTION 4. This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter. Passed by the Lino Lakes City Council this 2 3 day of Nov , 2009 ATTEST: (77 ‘(\ _7uiia e Barter City Cly rk Joh ►;f . Be►eso ; Mayor The motion for adoption of the foregoing ordinance was duly seconded by Council Member Roeser and upon a vote being taken thereon, the following voted in favor thereof: O'Donnell, Roeser, Reinert, Gallup, Bergeson The following voted against same: none Whereupon said ordinance was declared passed and adopted. AGENDA ITEM 6Ai - ii STAFF ORIGINATOR: Paul Bengtson CC MEETING DATE: November 23, 2009 TOPIC: i. Second Reading of Ordinance No. 11-09 PUD Amendment — Town Center Design and Development Guide. Permissible Land Uses and other language regarding Assisted Living Facilities ii. Resolution 09-94 - Summary of Ordinance No. 11-09 for Publication BACKGROUND The LLTCDDG pages 12-18 are attached to this report; this includes the Land Use Plan and Regulating Plan for the purpose of interpreting the impact of the changes proposed by staff. The text changes proposed by staff are highlighted. PERMISSIBLE USES Lino Lakes Lodging LLC, a property owner in the Legacy at Woods Edge project area, has requested an amendment to the way the Town Center Design and Development Guidelines treat Assisted Living Facilities. Staff has reviewed the request and the guidelines and is recommending the attached amendment which would allow Assisted Living Facilities above commercial uses in the mixed use districts and, with limitations, in certain commercial districts. The attached map depicts the location of all land use districts within the project area. Staff is proposing to allow Assisted Living Facilities as a permitted use in all commercial districts, however the use will not be allowed to occupy the first floor of a building except in the Commercial Districts within block 2. This will allow operators to provide a desired service to the residents of Lino Lakes while still preserving the first floor of the main commercial core for traffic generating commercial uses. No changes are being proposed to the high architectural standards already included in the Town Center Design and Development Guidelines. ECONOMIC DEVELOPMENT ADVISORY COMMITTEE On October 1, 2009 the EDAC discussed the conversion of the Country Inn & Suites to an assisted living/memory care facility. EDAC's areas of consideration were the impact of change of use on future economic development of the area and the change from commercial to rental tax classification. Preliminary estimates of taxes generated by the new use indicate that the impact will not be significant. After considering potential economic benefits to the community versus the risk of a vacant facility, EDAC unanimously recommended to change the land use in the Legacy at Woods Edge development to accommodate assisted living on that site. EDAC recommends as a condition of approval that the city and the developer enter into a development agreement that ensures payment in lieu of taxes if the facility is sold to a non-profit, non -taxpaying entity. PLANNING AND ZONING BOARD On October 14, 2009 the Planning and Zoning Board held a public hearing on this request and after deliberation voted unanimously to recommend approval of the request. REDEVELOPMENT OF AN EXISTING BUILDING When redeveloping an existing building by changing the use, staff feels that it is appropriate for the PUD Final Plan to remain in effect and an administrative Site Plan Review be completed to guarantee that all requirements of the LLTCDDG will be met with the proposed change. In addition to the administrative Site Pian Review, the City Council will also need to complete a Development Agreement to guarantee that all city interests are appropriately addressed. RECOMMENDATION Staff recommends approving the second reading of Ordinance No. 11-09 and Resolution No. 09-94, the summary for publication. ATTACHMENTS 1. LLTCDDG pages 12-18 with proposed amendments shown. 2. ORDINANCE NO. 11-09 3. RESOLUTION NO. 09-94 — Summary for Publication Land Use Plan for Legacy at Woods Edge Lino Lakes, Mirvwsota, •,;*w.., • IF *thkr 0.111A0 obt wesigali Atada: OW 1.404. WO 3114114. .•••••••••••••••••• adarlikift.ide , 3 ;/ ;Attioakv* < I rmairm*,4* 4*•414 .11* 644,444= v0000.,* —raworet• tit* • .- . at At If! ,1;•: S42. 44 4, 0.4.4 • is Mat OF m1, dowkadvdyi P'$ P*I 14.4...k• • • itto44.1* Ism *way 44.• ha, *4"o 444" 4 • 4.• aN, Figure Legertd Res iderit4a Residential Commercial Mixed Use Open spat IIIII Civic Regulating Plan for Legacy at Woods Edge Lino Lakes, Minnesota Figure 4 13 Legend Build to Line 70% Required J 50% Required Required Streets Project Identity Features • Major Entry ! 1 Architecture Features CHAPTER 2. GOVERNING PLANS Development in the Town Center is governed by the Land Use and Regulating Plans, described below, as well as by the standards in the following chapters. 2.1. THE LAND USE PLAN Figure 3, the Land Use Plan, spells out the basic arrangement and extent of activities within the Town Center. The land uses shown in the Land Use Plan correspond to the Mixed Use, Commercial, and Civic District, which have one set of design and development standards; and the Residential District, which has another set of design and development standards. The boundaries shown on the Land Use Plan are approximate. As long as development conforms to the regulating plan, boundaries may change based on detailed site analysis and revised regulations for the protection of environmental assets. The Land Use Plan ensures mixed use and shows specific boundaries for the Residential District. However, residences may a4se be built as upper -story housing over ground - floor retail or office commercial in the Mixed -Use District;. Assisted Living Facilities are also allowed in certain portions of the Commercial District and above other commercial uses in the Mixed -Use District. as long as the minimum numbcr of units is built. The minimum and maximum numbers of residential units are assigned in the Lino Lakes Comprehensive Plan. Minor adjustments to the Land Use Plan are permitted at the discretion of the City Council, if the Council finds they are consistent with the intent of the Development Standards. Adjustments are subject to review and reversal by the City Council. Significant adjustments will require amendment to this land use plan and design standards. 2.2. THE REGULATING PLAN Figure 4, the "Regulating Plan," specifies essential physical features for the Town Center area, including required streets, "Build -to Lines," building entrances, gateways, and landscaped frontages. Required Streets A minimum framework of required streets is shown in Figure 4, the Regulating Plan. The design of streets must conform to the standards set forth in the Regulating Plan. Parking lot drive aisles are not considered streets. Build -to Lines Build -to Lines define locations where buildings must be built within a certain distance of the public right- of-way. Bringing building fronts close to the edge of streets enhances the continuity, attractiveness and intimacy of pedestrian spaces. The build -to line defines a location at which 1) a certain minimum percentage of the block length must contain buildings, and 2) those buildings must be built within a maximum distance from the Right of Way. The Regulating Plan shows the location of Build -to Lines, which require either 50 or 70 percent of the block to have buildings, parks, or plazas. Specific regulations for Build -to Lines are: • Build -to Lines occur at the edge of the dedicated right-of-way, where private property meets a publicly -accessible street or path. • For each block, a minimum percentage (50 or 70 percent) of the linear length of the build -to line must have a building front, park, or plaza, as specified on Figure 4, the Regulating Plan. The minimum build -to requirement is measured as a percent of each "block." A block is defined as a continuous street segment, delimited by two cross streets (not driveways) or where the roadway makes a significant change in direction. If a non -required street is added and bisects a build -to line, the build - to requirements govern each separate segment. • To contribute towards meeting the Build -to requirement, building facades must be set back no more than 5 feet from the public right of way in the commercial and mixed use districts and no more than 15 feet in the residential district. • Parks or plazas may be used to satisfy up to 20 percent of the build -to requirement, and must be landscaped with shade trees and furnished with seating areas. (In other words, 20 percent of the 50 or 70 percent requirement may be parks or plazas. For example, for a 70 percent build -to requirement along a 500 -foot long block, 350 feet (70 percent of 500 feet) would have to have buildings, parks, or plazas, and the parks or plazas could not constitute more than 70 feet of frontage (20 percent of 350 feet). • Parking lots, driveways, loading zones, and other vehicular areas do not count towards the minimum build -to requirement. Such areas, with the exception of driveways and curb cuts, must be screened as described under "Landscaped Frontages" in Chapter 3. Standards for Build -to Lines and associated elements such as minimum building height, building frontage, and building entry and window placement and frequency are described in greater detail in Building Massing and Placement Standards (for the Mixed -Use, Commercial, Civic, and Residential District, Chapters 3 and 4. Landscaped Frontages Landscaped Frontages shall be used to extend a sense of enclosure to the street in locations where street - facing buildings are not required. Landscaped frontages will also screen views of parking lots and loading areas, and will help establish a unique project identity. Required Building Entries The Regulating Plan shows locations where major building entries must be provided to create important pedestrian and visual connections. These entries are located at important corners or intersections, typically where a larger store would locate, where pedestrian and automobile activity is high, or where buildings face onto public parks. Placing entries at these locations helps ensure that the buildings relate to the street and that pedestrians have a direct route of entry to the buildings. Pedestrians passing through these entries establish a "critical mass" of activity at major corners and near parks. Although building tenants typically will also need an entry from the rear parking lot, they are prohibited from closing off or locking up the street -facing entry to simplify their security and layout needs. Gateways Entrances to the Town Center shall be marked by distinctive features that announce the Town Center and foster a memorable sense of arrival. CHAPTER 3. COMMERCIAL, MIXED-USE & CIVIC DISTRICT STANDARDS 3.1. ALLOWABLE USES Table 1 indicates allowable land uses, both permitted (P) and conditional (C), in each of the land use Districts designated on the Land Use Plan, Conditional uses are expected to meet special requirements in their design or on-going operation. The Mixed -Use, Commercial and Civic Districts preclude uses that would likely detract from their compact and pedestrian -friendly character. In Mixed -Use Districts, community- and neighborhood - serving retail stores (such as full-service grocery, drug and hardware stores), entertainment uses, restaurants, and specialty shops are preferred. Assisted Living Facilities allowed in certain portions of the Commercial Districts, are subject to Commercial and Mixed Use standards. Upper -story housing is also allowed in Mixed -Use Districts over retail or office commercial or civic uses. All housing in Mixed Use - e Districts are subject to , and is subject to the standards for the Mixed -Use Districts, rather than the standards for the Residential Districts. 1- _ -- -1FIvr irk Thr (behir� d ) ! .' 1...,,Ct -. ff.; -. ::7•:: '•,-. • ''''.... r:-/---.. 1..1 1 I i 4 , [ I. , 7 -$ , r 11 . I;'' �I 1 j . s,f -• - :f Apartments 1'1 a Commercial and Mixed Use Districts. Building entries and windows shall line streets to create a "Main Street" pedestrian friendly character. Activity. Outdoor seating and cafes are encouraged on sidewalks and within setbacks in the Commercial and Mixed- Use District, to increase activity and interest at the street. SECTION 3.1 ALLOWABLE USES -Use, Commercial, and Civic Districts A. MVa%. —. a aa.iv • • Nv—� m—.•.....--- — .. -- Allowable Land Use Comm ercial Mixed Use Civic Commercial Uses Amusement enterprises including billiard halls, pinball & video arcades entirely within the principal use, but exclude driving ranges, miniature golf courses, and go-cart tracks. [1] [6] P - - Cinemas, theaters and auditoriums, except sports assembly, exhibit halls, and convention halls. P - - Eating places/restaurants/private clubs and lodges: • With outdoor seating areas [4] [6] • With drive-through or drive -up facilities [5] • With entertainment, bar or cocktail lounge at least 50 feet from the Residential District. [2] P C C A P C - A _ - - Finance services including banks, savings & loans, credit services: • With drive-through or drive -up facilities [5]. P C P - - - Drive-through or drive -up services not listed elsewhere [5] C - - Finance, insurance & real estate services, including security & commodity brokers & dealers, insurance & real estate agents, and brokers; not including banks, savings & loans, & credit services. P P - Food stores, including supermarkets, meat & fish stores, fruit & vegetable stores, candy stores, bakeries, health food stores, and catering establishments. P P - Convenience stores without gas pumps P P - Furniture & home furnishing retail sales, incl. household appliances, electronic equipment & office furniture. Must be less than 40,000 s.f. footprint. P P - Garden supplies, excluding hay, grain & bulk feed sales and storage. Must be less than 40,000 s.f. footprint. P P - General merchandise retail, including but not limited to: variety, hardware, and dry goods stores, but excluding vending machine operators and direct selling organizations. Must be less than 40,000 s.f. footprint. P P - Miscellaneous retail trade including florists, tobacco shops, newspapers & magazines, camera & photo supplies, gifts, optical goods, pet sales & supplies, books, stationery, art & hobby supplies, antiques, stamps & coins, jewelry sales & minor repair. P P - Health clubs and gymnasiums. P - P Hotel P - - TABLE 1 NOTES: P = permitted use. C = conditional use. (See Appendix A for Conditions of Use) A = accessory to permitted or conditional use [1] Driving ranges and other outdoor amusement enterprises are prohibited because of their land -intensive nature. Hours of operation may be imposed as a condition of approval. [2] Establishments that serve alcohol, and/or feature amplified music are conditionally permitted as an accessory use to restaurants subject to City Code requirements if they are at least 50 feet from the Residential District. Table 1 (continued). Allowable Land Uses. Allowable Land Use Commercial Mixed Use Civic Personal services including clothes laundering, photographic services, barber & beauty services, dry cleaning and shoe repairs, but excluding industrial laundering. P P - Professional services including medical & health offices & clinics, engineering & design services, legal and counseling services, but excluding laboratories, hospitals, sanitariums and rest homes. P P - Laboratories, hospitals, sanitariums, and rest homes. - - - Assisted Living Facilities, provided that they are not on the P P - first floor of a building except they are allowed on the first floor of a building in areas with a 50% build to line or less. Public & Quasi -Public Uses Indoor recreation facilities - - Outdoor recreation facilities (floodlighting not to exceed 0.5 foot-candles at the property line of adjacent residential uses); - - P Concession stands (not exceeding 500 square feet); P P P Community -serving centers & facilities, including daycare and senior, recreation & teen centers. P P P Cultural facilities including auditoriums, libraries and art galleries. P P P Semipublic facilities and institutions without sleeping accommodations, including the following: churches and other religious institutions, non-profit social service organizations, philanthropic and charitable institutions. P P P University, college, community college, and professional schools (except truck driving schools). P P P Residential Uses Residential units _ . - - -- -- . - - - - . - P - livilit4 above -floor commercial space (e.g. ground retail or OP Temporary Uses Christmas tree or pumpkin lot sales, not to exceed 45 calendar days per year per type of sale. [6] P P P Farmers' markets including the sale of vegetables, fruit, baked goods, and other agricultural products, once a week and limited to 6 hours per week [3] P P P Art fairs & festivals, subject to City Code [6] P P P Temporary outdoor display and sales of merchandise associated with principle use A A - Other Uses - - _ See Section 1, Subd. 1-E of the Lino Lakes Zoning Ordinance [3] The City Planning Department may establish administrative standards. [4] Outdoor seating may occur between buildings and within allowable building setbacks (see Table 3). Outdoor seating may also occur on sidewalks within street rights-of-way, provided that there is a clear passage for pedestrian movement that is at least 6 feet in width. [5] Refer to the diagram on page 20 for guidance on siting drive-throughs. [6] The City may set limits on hours of operation to avoid nuisance issues. CITY OF LINO LAKES ORDINANCE NO. 11-09 AN ORDINANCE AMENDING THE PLANNED UNIT DEVELOPMENT FOR THE LEGACY AT WOODS EDGE (LINO LAKES TOWN CENTER) AS CREATED BY ORDINANCE 04-04 AND PREVIOUSLY AMENDED BY ORDINANCES 14-08 AND 09-05. The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: SECTION I. FINDINGS The City Council makes the following findings regarding the application for amending the Planned Unit Development for the property described below, based on the factors listed in Section 2, Subd.1E of the Lino Lakes zoning ordinance: 1. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan, as the site is guided for mixed uses. 2. The proposed use is or will be compatible with present and future land uses of the area. The project area is guided for a mix uses. Land in the area of the site is already developed with mixed uses or designated for such use. 3. The Lino Lakes Town Center Design & Development Guide contains specific performance standards that will apply to any Assisted Living Facility use that is proposed within the Planned Unit Development area. 4. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. Public improvements have been completed that will service the entire Planned Unit Development area adequately. 5. Traffic generation by the proposed use is within capabilities of streets serving the property in conjunction with the public improvements proposed. The Planned Unit Development for the Legacy at Woods Edge (Lino Lakes Town Center) as approved by Ordinance 04-04 is hereby amended as follows: SECTION 2. A. Section 2.1 of the Lino Lakes Town Center Design & Development Guide, attached to Ordinance 04-04 as Exhibit B, shall be amended as follows: 2.1. THE LAND USE PLAN Figure 3, the Land Use Plan, spells out the basic arrangement and extent of activities within the Town Center. The land uses shown in the Land Use Plan correspond to the Mixed Use, Commercial, and Civic District, which have one set of design and development standards; and the Residential District, which has another set of design and development standards. The boundaries shown on the Land Use Plan are approximate. As long as development conforms to the regulating plan, boundaries may change based on detailed site analysis and revised regulations for the protection of environmental assets. The Land Use Plan ensures mixed use and shows specific boundaries for the Residential District. However, residences may apse be built as upper -story housing over ground - floor rctai' or office commercial in the Mixed -Use District,, Assisted Living Facilities are also allowed in certainP ortions of the Commercial District and above other commercial uses in the Mixed -Use District. -The minimum and maximum numbers of residential units are assigned in the Lino Lakes Comprehensive Plan. Minor adjustments to the Land Use Plan are permitted at the discretion of the City Council, if the Council finds they are consistent with the intent of the Development Standards. Adjustments are subject to review and reversal by the City Council. Significant adjustments will require amendment to this land use plan and design standards. B. Section 3.1 of the Lino Lakes Town Center Design & Development Guide, attached to Ordinance 04-04 as Exhibit B, shall be amended as follows: 3.1. ALLOWABLE USES Table 1 indicates allowable land uses, both permitted (P) and conditional (C), in each of the land use Districts designated on the Land Use Plan. Conditional uses are expected to meet special requirements in their design or on-going operation. The Mixed -Use, Commercial and Civic Districts preclude uses that would likely detract from their compact and pedestrian -friendly character. In Mixed -Use Districts, community- and neighborhood - serving retail stores (such as full-service grocery, drug and hardware stores), entertainment uses, restaurants, and specialty shops are preferred. Assisted Living Facilities allowed in certain portions of the Commercial Districts, are subject to Commercial and Mixed Use standards. Upper -story housing is also allowed in Mixed -Use Districts over retail or office commercial or civic uses. All housing in Mixed Use Districts are subject to , and is subject to the standards for the Mixed -Use Districts, rather than the � standards for the Residential Districts. C. Table 1 of Section 3.1 (Allowable Uses) of the Lino Lakes Town Center Design & Development Guide, attached to Ordinance 04-04 as Exhibit B, the Table title shall be amended, the use Assisted Living Facility added at the end of the Commercial Uses section, and the Residential Uses section shall be amended as follows: SECTION 3.1 ALLOWABLE USES Table 1. Allowable Land Uses in Mixed -Use, Commercial, ••• . . . .• Allowable Land Use Comm ercial and Civic Districts Mixed Use Civic Commercial Uses Assisted Living Facilities, provided that they are not on the first floor P P _ of a building except they are allowed on the first floor of a building in areas with a 50% build to line or less. • - Residential Uses Residential units ' - ' - - • -•• • - • • - - .. : .:. ; : ' • : . .- aTTTT.TTT':; • • LT SECTION 3. As above amended, said Ordinance shall stand as initially passed and previously amended. SECTION 4. This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter. Passed by the Lino Lakes City Council this day of , 2009 John J. Bergeson, Mayor ATTEST: Julianne Bartel, City Clerk