HomeMy WebLinkAbout09/14/2004LAUDERDALE CITY COUNCIL MEETING AGENDA
TUESDAY, SEPTEMBER 14, 2004
CITY HALL, 8:00 P.M.
The City Council is meeting as a legislative body to conduct the business of the City ording to
ROBERT'S RULES OF ORDER AND THE STANDING RULES OF ORDER
BUSINESS OF THE CITY COUNCIL. Unless so ordered by the Mayor, citizen p tion is
limited to the times indicated and always within the prescribed rules of con for lie input at
meetings. J*
1. CALL MEETING TO ORDER AT 8:00 P. M. N
2. ROLL:
Cowicibneinbers:
McCloskey Christensen
Gill -Gerbig Giannetti
Mayor Dains
Staff: Getschow
APPROVAL OF THE AGENDA
APPROVAL
A. Approval of minutes of 8/31/04 City Council Meeting
B. Approval of claims totaling $23,465.24
5. OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE COUNCIL ON ITEMS NOT ON
THE AGENDA
Any member of the public may speak at this time on any item NOT on the agenda. In
consideration of the public attending the meeting for specific items on the agenda, this portion of
the meeting will be limited to fifteen (15) minutes. Individuals are requested to limit their
comments to four (4) minutes or less. If the majority of the Council determines that additional
time on a specific issue is warranted, then discussion on that issue shall be continued under
Additional Items at the end of the agenda. Before addressing the City Council, members of the
public are asked to step up to the microphone, give their name, address and state the subject to be
discussed. All remarks shall be addressed to the Council as a whole and not to any member
thereof. No person other than members of the Council and the person having the floor shall be
permitted to enter any discussion without permission of the presiding officer. Your participation,
as prescribed by the Council's ROBERT'S RULES OF ORDER AND THE STANDING RULES
OF ORDER AND BUSINESS OF THE CITY COUNCIL, is welcomed and your cooperation is
greatly appreciated.
City of Lauderdale Council Agenda
September 14, 2004
Page 2
6. CONSENT
7. SPECIAL ORDER OF BUSINESS/RECOGNITIONS/PROCLAMATIONS/ CITIZENS
ADDRESSING STREET AND UTILITY IMPROVEMENTS
8 PUBLIC HEARINGS
Public hearings are conducted so that the public affected by a proposal may have input
into the decision. During hearings, all affected residents will be given an opportunity to
speak pursuant to the ROBERT'S RULES OF ORDER AND THE STANDING RULES
OF ORDER AND BUSINESS OF THE CITY COUNCIL.
9. INFORMATIONAL PRESENTATIONS
10. ACTION
A. Resolution 091404A: A Resolution Levying Taxes for 2004
Payable in 2005 (2005 Preliminary Tax Levy)
B. Establishment of a 2004 Truth -in -Taxation (TNT) Public Hearing Date
(if needed)
11. DISCUSSION
12. ADDITIONAL ITEMS
13. SET AGENDA FOR NEXT MEETING
14. WORK SESSION DISCUSSION
A. Organized Collection — Solid Waste and Recycling Proposals
B. Draft Zoning Ordinance — Chapter 17 (Home Occupations) and
Chapter 18 (Adult Uses)
15. ADJOURNMENT
Lauderdale City Council
Meeting Minutes
August 31, 2004
1. Meeting called to order at 7:05 P.M.
2. ROLL
Council present: Christensen, Giannetti, Gill -Gerbig, McCloskey and
Mayor Dains
Staff present: Administrator Getschow
3. APPROVAL OF THE AGENDA
A. Approval of Agenda. Motion by Gill -Gerbig, second by McCloskey to
approve the agenda with the addition of 13(C) Parking Ordinance Revision and
13 (D) City Park Activities. Motion carried unanimously.
4. APPROVAL
A. Approval of Minutes. Motion by Gill -Gerbig, second by Christensen to
approve the minutes of the August 10, 2004 City Council meeting. Motion carried
unanimously.
B. Approval of Claims totaling $97,982.52. Motion by Giannetti, second by
McCloskey to approve the claims totaling $97,982.52. Motion carried
unanimously.
5. OPPORTUNITY FOR THE PUBLIC TO ADDRESS ITEMS NOT ON THE
AGENDA
6. CONSENT
Lauderdale City Council
Meeting Minutes, August 31, 2004
Page 2
7. SPECIAL ORDER OF BUSINESS/RECOGNITIONS/PROCLAMATIONS/
CITIZENS ADDRESSING STREET AND UTILITY IMPROVEMENTS
A. Roseville Area School District Update. John Thein, Superintendent of the
Roseville Area School District, provided an update to the City Council regarding
recent events at the School District level. He recognized Council member Gill -
Gerbig for her contributions as a member on one of the district's subcommittees.
8. PUBLIC HEARINGS
9. ACTION
A. -B. Resolution 083104A: A Resolution Appointing an LMCIT Insurance Agent
and the Approval of 2004-2005 Lauderdale Insurance Policy. The City
Administrator gave an overview of the 2004-2005 insurance policy. The policy
cost has decreased this year by more than 24%. This was due to a decrease in
almost every premium area of coverage.
Motion by Christensen, second by McCloskey to approve Resolution 083104A: A
Resolution Appointing an LMCIT Insurance Agent. Roll: Yes: all. Motion
carried.
Motion by Gill -Gerbig, second by Giannetti to waive the monetary limits on
municipal tort liability and to not purchase additional excess liability coverage for
the coming year. Roll: Yes: all. Motion carried.
Motion by Giannetti, second by Christensen to approve the 2004-2005 property,
liability, automobile, and worker's compensation insurance policy. Roll: Yes: all.
Motion carried.
C. Resolution 083104B: A Resolution Authorizing the Purchase of Certain
Real Property (Karkoc Parcel). City Administrator Getschow stated that this
resolution allows for the purchase of the Karkoc parcel by the City that is adjacent
to Walsh Lake north of Pleasant Street.
The following resolution was moved by Council member Christensen:
WHEREAS, the City desires to preserve significant portions of open space within the
City for park, natural resources, recreation and open space purposes; and
Lauderdale City Council
Meeting Minutes, August 31, 2004
Page 3
WHEREAS, the Subject Property contains approximately 0.25 acres, is partially
wooded lake- fiont property adjacent to similar city -owned property and would be
desirable for the City and its citizens to use for park, natural resources, recreation and
open space purpose; and
WHEREAS, the Subject Property is currently guided for open space under the City's
Comprehensive Plan; and
WHEREAS, the City owns property adjacent to the Subject Property and thus, the
acquisition of the Subject Property would provide a contiguous area of open space.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Lauderdale, Minnesota, as follows:
1. It is convenient, desirable and necessary to acquire the Subject Property for the
City for park, recreation, natural resources and open space purposes.
2. The City has been able to reach a negotiated agreement with the owner of the
Subject Property.
3. The City Council determines that it is reasonable to acquire the Subject Property
as legally described below for a purchase price of $32,500.00.
4. The City Attorney and staff are authorized and directed on behalf of the City to
close on the purchase of the Subject Property.
The Subject Property is legally described as follows:
GARCELON'S ADDITION TO ST. PAUL N 1/2 OF LOT 5
AND ALL OF LOT 4 BLK 3
NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of the
City of Lauderdale, Minnesota, as part of the final resolution of this matter, the City
Council wishes to publicly recognize and honor the memory of Lucy Karkoc, beloved
wife of Peter Karkoc.
Adopted by the City Council of the City of Lauderdale, Minnesota this 31St day of
August, 2004.
Approval of the foregoing resolution was seconded by Giannetti. Roll: Yes: all.
Motion carried.
Lauderdale City Council
Meeting Minutes, August 31, 2004
Page 4
D. Consideration of a Larpenteur Avenue Redevelopment Contract for
Services with Ehlers' and Associates. The City Administrator stated that the City
Council provided direction to city staff at their last meeting to pursue a contract
with Ehlers and Associates for Larpenteur Avenue redevelopment services
following a review of proposals from Ehlers and Springsted.
Mayor Dains provided some background on this issue by stating the discussion of
this redevelopment initiative dates back to the creation and approval of the
Lauderdale Comprehensive Plan in the mid -1990's. He also noted that that the
area to be included in the redevelopment study is south of Laipenteur Avenue to
Idaho Avenue and east of Eustis Street to Carl Street, with the inclusion of one
building east of Carl Street.
Getschow stated that the scope of services delineated in the contract is identical to
the elements of the proposal that the City Council has endorsed. It should be
noted that only 2-4 to as many as all of the elements of the process could be fully
utilized depending on this project proceeds. The City Council is entering into this
project with open eyes. They want to evaluate all the redevelopment options that
may be available.
In terms of covering the cost of the contract, 50% of the cost of the services is
being funded through a Metropolitan Council LCDA Opportunity Grant. The
remaining 50% of the potential $41,965 contract is funded through a portion of
proceeds received from Metropolitan Council Environmental Services (MCES) in
2003 as a result of the sewer treatment cost error.
Motion by McCloskey, second by Gill -Gerbig to approve the contract for services
between the City of Lauderdale and Ehlers and Associates for the Larpenteur
Avenue Redevelopment Project. Roll: Yes: all. Motion carried.
10. ITEMS REMOVED FORM THE CONSENT AGENDA
11. ADDITIONAL ITEMS
12. SET AGENDA FOR THE NEXT MEETING - START TIME AT 8:00 P.M.
1. 2005 Preliminary Tax Levy
2. Work Session: Draft Zoning Ordinance
A break was taken at 7:43 p.m. to transition into a work session discussion.
CITY OF LAUDERDALE
Claims for Approval
September 14, 2004 City Council Meeting
09/10/04 Payroll: Check # 7647-7656
09/10/04 Payroll: EFT: Federal Withholding Taxes/FICA
09/10/04 Payroll: EFT: PERA
09/10/04 Payroll: EFT: ICMA Retirement Fund
Vendor Claims
09/14/04 Claims: Check # 17113-17140
Subtotal of Claims From Above
$9,260.71
$3,358.06
$1,075.54
$1,162.52
$23,465.24
Total Claims for Approval $23,465.24
CITY OF LAUDERDALE
Vendor Transactions
CHECK Check Batch
Nbr Date Name Invoice
Search Name BIFFS, INC.
017113 9/14/04 091404claims w232820
Search Name BIFFS, INC.
Search Name BLUE CHIP TREE CO., INC.
017114 9/14/04 091404claims 9/14
Search Name BLUE CHIP TREE CO., INC.
Search Name CINTAS
017115 9/14/04 091404claims 9/14
Search Name CINTAS
Search Name CITY OF ROSEVILLE
017116 9/14/04 091404claims 4546
Search Name CITY OF ROSEVILLE
Search Name CORNING DONOHUE
017117 9/14/04 091404claims 79257
Search Name CORNING DONOHUE
Search Name EAST HENNEPIN AUTO SERVICE INC
017118 9/14/04 091404claims 9/14
017118 9/14/04 091404claims 9/14
Search Name EAST HENNEPIN AUTO SERVICE INC
Search Name EICHER, DIANA
017119 9/14/04 091404claims 9/14
Search Name EICHER, DIANA
Search Name GLENWOOD INGLEWOOD
017120 9/14/04 091404claims 9/14
Search Name GLENWOOD INGLEWOOD
Search Name HERMES FLORAL
017121 9/14/04 091404claims 331062
Search Name HERMES FLORAL
Search Name HOME DEPOT CRC
017122 9/14/04 091404claims 9/14
017122 9/14/04 091404claims 9/14
Search Name HOME DEPOT CRC
Search Name HUGHES & COSTELLO
017123 9/14/04 091404claims 9/14
017123 9/14/04 091404claims 9114
Search Name HUGHES & COSTELLO
Search Name LILLIE SUBURBAN NEWS
017124 9/14/04 091404claims 9/14
Search Name LILLIE SUBURBAN NEWS
Search Name LMC
017125 9/14/04 091404claims 9/14
Search Name LMC
Amount Comments
$80.91 park biffy thru 8/31
$80.91
$790.73 remove dead blvd trees
$790.73
$26.63 9/2 pw uniforms
$26.63
$328.16 aug-sep technical services
$328.16
$168.36 social room improvements
$168.36
$19.12 8/04 tractor fuel
$2.13 8/04 tractor fuel
$21.25
$6.00 nonresi reimb ry rec d eicher
$6.00
$75.23 8/04 water delivery
$75.23
$7.95 green plant st anthony city hall
$7.95
$28.92 social room improvements
$245.75 warming house improvements
$274.67
$57.50 9/04 legal services
$850.00 9/04 legal services
$907.50
$758.75 8/04 ry review delivery
$758.75
$1,850.00 member dues thru 8/31/05
$1,850.00
09/09/04 4:27 PM
Page 1
CHECK Check Batch
Nbr Date Name Invoice
Search Name MN MAYORS ASSOCIATION
017126 9/14/04 091404claims 9/14
Search Name MN MAYORS ASSOCIATION
Search Name MNDOT
017127 9/14/04 091404claims 9/14
Search Name MNDOT
Search Name NORTH STAR BANK, PETTY
017128 9/14/04 091404claims 9/14
017128 9/14/04 091404claims 9/14
017128 9/14/04 091404claims 9/14
017128 9/14/04 091404claims 9/14
017128 9/14/04 091404claims 9/14
Search Name NORTH STAR BANK, PETTY
Search Name OFFICE MAX
017129 9/14/04 091404claims 7139j231
Search Name OFFICE MAX
Search Name PARK HARDWARE HANK
017130 9/14/04 091404claims 9/14
Search Name PARK HARDWARE HANK
Search Name PARK SERVICE
017131 9/14/04 091404claims 9/14
017131 9/14/04 091404claims 9/14
Search Name PARK SERVICE
Search Name POSTMASTER
017132 9/14/04 091404claims 9/14
Search Name POSTMASTER
Search Name RAPIT PRINTING
017133 9/14/04 091404claims 105133
Search Name RAPIT PRINTING
Search Name SCHARBER AND SONS
017134 9/14/04 091404claims 8385
Search Name SCHARBER AND SONS
Search Name SPRINT PCS
017135 9/14/04 091404claims 9/14
017135 9/14/04 091404claims 9/14
Search Name SPRINT PCS
Search Name ST PAUL POSTMASTER
017136 9/14/04 091404claims 9/14
Search Name ST PAUL POSTMASTER
Search Name TA SCHIFSKY & SONS
017137 9/14/04 091404claims 33926
017137 9/14/04 091404claims 33926
CITY OF LAUDERDALE
Vendor Transactions
Amount Comments
$20.00 dues thru 8/31/04
$20.00
$540.00 jake braking posts/installation
$540.00
$20.87 social room improvements
$2.67 certified mail
$3.00 nonresi reimb fh rec d feddersen
$31.45 rg mileage
$18.00 pcic pizza
$75.99
$55.32 general office supplies
$55.32
$5.61 maintenance supplies
$5.61
$180.82 8/04 truck fuel
$20.10 8/04 truck fuel
$200.92
$111.00 stamps for city hall
$111.00
$79.88 print receipt books
$79.88
$417.04 repair tractor hydraulic leak
$417.04
$15.32 8/04 pw cell phone
$15.33 8/04 pw cell phone
$30.65
$300.00 4g04 newsletter
$300.00
$327.51 pea gravel - playground
$569.69 rec rock - ballfield
09/09/04 4:27 PM
Page 2
CITY OF LAUDERDALE
Vendor Transactions
09/09/04 4:27 PM
Page 3
CHECK
Check Batch
Nbr
Date Name Invoice
Amount Comments
Search Name TA SCHIFSKY & SONS
$897.20
Search Name WAGERS
BUSINESS SYSTEMS
017138
9/14/04 091404claims arin030198
$39.61 waste toner bottles
017138
9/14/04 091404claims cnin017096
$236.25 4g04 copier maintenance
Search Name WAGERS BUSINESS SYSTEMS
$275.86
Search Name WASTE
MANAGEMENT
017139
9/14/04 091404claims 9/14
$30.75 9/04 garbage service
017139
9/14/04 091404claims 9/14
$30.76 9/04 garbage service
Search Name WASTE MANAGEMENT
$61.51
Search Name XCEL ENERGY
017140
9/14/04 091404claims 9/14
$10.58 8/04 park utilities
017140
9/14/04 091404claims 9/14
$20.70 8/04 city hall utilities
017140
9/14/04 091404claims 9/14
$6.90 8/04 city hall utilities
017140
9/14/04 091404claims 9/14
$105.20 8/04 city hall utilities
017140
9114/04 091404claims 9/14
$20.47 8/04 park utilities
017140
9/14/04 091404claims 9/14
$13.02 8/04 garage utilities
017140
9/14/04 091404claims 9/14
$4.34 8/04 garage utilities
017140
9/14/04 091404claims 9/14
$18.76 8/04 garage utilities
017140
9/14/04 091404claims 9/14
$6.25 8/04 garage utilities
017140
9/14/04 091404claims 9/14
$35.07 8/04 city hall utilities
Search Name XCEL ENERGY
$241.29
Grand Total
$8,608.41
FILTER:( ([Period] in(9) and [Act Year] ='2004') and [Tran Nbr] in(20,21,22,23,25) and ([Vendor Nbr]>0) )
Lauderdale City Council Memorandum
Council Meeting Date: September 14, 2004
To: Mayor and City Council
From: Rick Getschow, City Administrator
Agenda Item: 2005 Lauderdale Preliminary Tax Levy
BACKGROUND:
State Statute requires that cities certify their proposed levies to the County Auditor on or
before September 15, 2004. As I noted at a previous meeting, the final levy is certified in
December. Also at that December meeting, the final 2005 Budget will be adopted.
Remember: In certifying the final levy in December, the Council can decrease the
amount from the proposed levy amount from September, but it cannot increase the
amount. Also, the proposed levy amount is the information given to all residents in
the proposed county tax statement that will be sent in November.
As you may recall, the State Legislature took major action in 2000 and 2001 by lowering
the state class rates for determining tax capacity. Based on this change, and in spite of
median property values increasing at a brisk pace for the last 6-8 years, the Lauderdale
tax capacity decreased in 2001 and 2002. But since the State Legislature has not changed
the class rates for determining tax capacity in the recent years, the Lauderdale tax
capacity has increased for two consecutive years. In addition to the overall increased
property values, we are continuing to see the full value of the new commercial property
west of Highway 280 coming on to the property tax rolls.
The overall total market value of the city for 2005 has increased along with the tax
capacity from $1,370,005 to an estimate of $1,552,484. That is a 13% increase from
2004. This is extremely important because the Council will not need to consider a raised
tax rate, and thus higher taxes throughout the city, because our tax capacity has been
increasing. In past years when state class rates were lowered, the city's tax capacity
decreased. This meant that taxes were vulnerable to rising for residents of Lauderdale
because of the major burden shift from the commercial, industrial and public utility
property owner to the residential property owner. This has even occurred under the
conditions of the enactment of a lower tax levy. Fortunately, we have not dealt with this
scenario for the past two years as a result of our tax capacity increases.
ENCLOSURES:
1. Levy Spreadsheet Options A,B,C,D and E
2. Spreadsheet comparing the 2004 Median Value Home and Tax Rate to the
2005 Median Value Home and Proposed Tax Rates
3. Resolution 091404A: A Resolution Approving the Preliminary 2005
Lauderdale Tax Levy
(There is an applicable resolution for all options being considered)
COUNCIL ACTION REQUESTED:
Based on Council budget discussions at work sessions and the financial data presented
here, I am presenting five options for the City Council to approve a preliminary levy.
OPTION A SAME REGULAR LEVY AS 2004 (SEE SPREADSHEET A)
This was the option that was selected for the 2001, 2003 and 2004 Levy. It resulted in a
decrease in the tax rate in those years. In 2002, the levy was decreased by $8,406, but the
tax rate increased. As you know, this was due to the 2001 Legislative reform of the state
class rates, whereby even a lowering of the levy could not lower the city tax rate.
Similar to 2003 and 2004, choosing the no levy increase option will once again lower the
city tax rate.
As you can see from the Option A spreadsheet, if the levy is kept the same for 2005, the
city tax rate will decrease from 28.8% to 25.88%. This means that the proposed 0% levy
increase would bring tax bills down by the same percentage that the city tax rate is
decreasing. The average residential tax bill in Lauderdale (on a $145,200 house) will
decrease by $41.84 or 10%, assuming property values are equal.
But property values have not remained equal for the past several years. Property values
have risen. For 2005, the highest increase for a given property is 15%. This percentage
has continued to increase since the State Legislature is phasing out the limited market
value policies that were created to shield fast rising property values from substantial tax
increases. As a result of this, I have created a new spreadsheet that highlights the
difference between the 2004 median valued home's tax rate and the 2005 median valued
home's proposed tax rate. The same house valued at $125,700 with a 28.76% tax rate in
2004 would see a $28.82 increase in city taxes in 2005 as a $145,200 house with a
25.88% tax rate. As you can see from the last paragraph, the $28.82 tax increase, plus
another $41.84 that would have been saved through the lower tax rate, is completely due
to the increase in property valuation.
This option of the same levy in 2005 has been factored into the preliminary 2005 Budget.
Under this option, expenditures in the 2005 General Fund Budget are held to a 1%
increase. This is unlike 2004, when this option resulted in a 3% decrease in the budget as
a result of the state aid cut.
Finally, it is important to note that this option still lowers the city tax rate, and
subsequently the city residential tax bill, by 10%.
OPTION B 1.5% OR TNT APPROVED LEVY INCREASE — STILL A LOWER
TAX RATE THAN 2004 (SEE SPREADSHEET B)
This option captures a small percentage of the tax capacity increase, but still produces a
tax rate that is lower than 2004.
As you can see from the Option B spreadsheet, if the levy is increased 1.5% for 2005, the
city tax rate will decrease from 28.76% to 26.35%. This means that the proposed 1.5%
levy increase would bring tax bills down by the same percentage that the city tax rate is
decreasing. The average residential tax bill in Lauderdale (on a $145,200 house) will
decrease by $35.05 or 8.3%, assuming property values are equal.
This 1.5% increase is proposed here because it is the highest increase that would still not
trigger the need for an official Truth -In -Taxation hearing. All Minnesota cities with a
population over 500 are required to hold Truth -In -Taxation hearings if their property tax
levy increase is greater than the implicit price deflator which is 1.5%.
It is important to note that any option chosen besides Option A or B will trigger the
need for a Truth -In -Taxation hearing. This potential action item is on the agenda
following the approval of the preliminary levy, if needed.
When examining the difference between the 2004 median valued home's tax rate and the
2005 median valued home's proposed tax rate, the same house valued at $125,700 with a
28.76% tax rate in 2004 would see a $21.03 increase in city taxes in 2005 as a $145,200
house with a 26.35% tax rate.
This option would yield $7,260 in general fund revenue.
OPTION C 2% LEVY INCREASE — STILL A LOWER TAX RATE THAN 2004
(SEE SPREADSHEET C)
This option still captures a small percentage of the tax capacity increase and produces a
tax rate that is lower than 2004.
As you can see from the Option C spreadsheet, if the levy is increased 2% for 2005, the
city tax rate will decrease from 28.76% to 26.50%. This means that the proposed 2%
levy increase would bring tax bills down by the same percentage that the city tax rate is
decreasing. The average residential tax bill in Lauderdale (on a $145,200 house) will
decrease by $32.86 or 7.9%, assuming property values are equal.
This 2% increase would trigger the need for an official Truth -In -Taxation hearing.
When examining the difference between the 2004 median valued home's tax rate and the
2005 median valued home's proposed tax rate, the same house valued at $125,700 with a
28.76% tax rate in 2004 would see a $23.23 increase in city taxes in 2005 as a $145,200
house with a 26.50% tax rate.
This option would yield $9,600 in general fund revenue.
OPTION D 3% LEVY INCREASE — STILL A LOWER TAX RATE THAN 2004
(SEE SPREADSHEET D)
This option continues to capture a small percentage of the tax capacity increase and still
produces a tax rate that is lower than 2004.
As you can see from the Option D spreadsheet, if the levy is increased 3% for 2005, the
city tax rate will decrease from 28.76% to 26.81%. This means that the proposed 3%
levy increase would bring tax bills down by the same percentage that the city tax rate is
decreasing. The average residential tax bill in Lauderdale (on a $145,200 house) will
decrease by $28.37 or 6.8%, assuming property values are equal.
This 3% increase would trigger the need for an official Truth -In -Taxation hearing.
When examining the difference between the 2004 median valued home's tax rate and the
2005 median valued home's proposed tax rate, the same house valued at $125,700 with a
28.76% tax rate in 2004 would see a $27.71 increase in city taxes in 2005 as a $145,200
house with a 26.81% tax rate.
This option would yield $14,400 in general fund revenue.
OPTION E 4% LEVY INCREASE — STILL A LOWER TAX RATE THAN 2004
(SEE SPREADSHEET E)
As is the case will all options presented, this one would but still produce a tax rate that is
lower than 2004.
As you can see from the Option E spreadsheet, if the levy is increased 4% for 2005, the
city tax rate will decrease from 28.76% to 27.12%. This means that the proposed 4%
levy increase would bring tax bills down by the same percentage that the city tax rate is
decreasing. The average residential tax bill in Lauderdale (on a $145,200 house) will
decrease by $23.88 or 5.7%, assuming property values are equal.
This 4% increase would trigger the need for an official Truth -In -Taxation hearing.
When examining the difference between the 2004 median valued home's tax rate and the
2005 median valued home's proposed tax rate, the same house valued at $125,700 with a
28.76% tax rate in 2004 would see a $32.21 increase in city taxes in 2005 as a $145,200
house with a 27.12% tax rate.
This option would yield $19,200 in general fund revenue.
IF MEMBERS OF THE COUNCIL WISH TO SEE OTHER OPTIONS ALSO
ANALYZED — PLEASE CONTACT ME PRIOR TO THE MEETING SO THAT I
CAN PROPERLY PRESENT MORE MATERIAL.
$100,000 Home
2005 LEVY AND IMPACT ON LAUDERDALE HOMES
OPTION A
1999
$100,000
Gross Levy
- HACA =
Levy -
Fiscal
Net Levy
Tax
City
2002
$100,000
1%
2003
Disparities
(Local Levy)
Capacity
= Tax Rate
1995
$469,747
$84,013
$385,734
$97,645
$288,089
$1,099,160
0.26210
1996
$480,148
$80,540
$399,608
$111,519
$288,089
$1,107,105
0.26022
1997
$533,775
$81,305
$452,470
$120,053
$332,417
$1,290,437
0.25760
1998
$550,961
$81,305
$469,656
$126,788
$342,868
$1,196,529
0.28655
1999
$550,920
$81,264
$469,656
$138,964
$330,692
$1,139,484
0.29021
2000
$576,618
$88,212
$488,406
$136,506
$351,900
$1,212,463
0.29024
2001
$576,640
$88,234
$488,406
$137,608
$350,798
$1,288,844
0.27218
2002
$480,000
$0
$480,000
$113,102
$366,898
$1,101,190
0.33318
2003
$480,000
$0
$480,000
$83,029
$396,971
$1,226,301
0.32371
2004
$480,000
$0
$480,000
$85,940
$394,060
$1,370,005
0.28763
2005
$480,000
$0
$480,000
$78,189
$401,811
$1,552,484
0.25882
$100,000 Home
Value
x Tax %
1999
$100,000
1%
2000
$100,000
1%
2001
$100,000
1%
2002
$100,000
1%
2003
$100,000
1%
2004
$100,000
1%
2005
$100,000
1%
x Tax Rate
= Tax on $100,000 Home
0.2902
$290.21
0.2902
$290.24
0.2722
$272.18
0.3332
$333.18
0.3237
$323.71
0.2876
$287.63
0.2588
$258.82
$145,200 Home
Value
x Tax %
x Tax Rate
= Tax on Median Lauderdale Home
2002
$76,000
1%
0.3332
$253.22
$69,200
1.65%
0.3332
$380.43
Total Tax
$633.65
2003
$76,000
1%
0.3237
$246.02
$69,200
1.00%
0.3237
$224.01
Total Tax
$470.03
2004
$76,000
1%
0.2876
$218.60
$69,200
1.00%
0.2876
$199.04
Total Tax
$417.64
2005
$76,000
1%
0.2588
$196.70
$69,200
1.00%
0.2588
$179.10
Total Tax
$375.80
:DIFFERENCE::::::::::::::::: ::::::: $57:63`:
$200,000 Home
Value
x Tax %
x Tax Rate
= Tax on $200,000 Home
2002
$76,000
1%
0.3332
$253.22
$124,000
1.65%
0.3332
$681.69
Total Tax
$934.91
2003
$76,000
1%
0.3237
$246.02
$124,000
1.00%
0.3237
$401.41
Total Tax
$647.43
2004
$76,000
1%
0.2876
$218.60
$124,000
1.00%
0.2876
$356.67
Total Tax
$575.27
2005
$76,000
1%
0.2588
$196.70
$124,000
1.00%
0.2588
$320.93
Total Tax
$517.64
:DIFFERENCE::::::::::::::::: ::::::: $57:63`:
RESOLUTION NO. 091404A
CITY OF LAUDERDALE
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION LEVYING TAXES FOR 2004 PAYABLE IN 2005
BE IT HEREBY RESOLVED by the City of Lauderdale, Ramsey County, State of Minnesota
as follows:
The following tax levies are hereby made against all taxable property in the City of Lauderdale
for the tax levy 2004, payable 2005:
Total proposed levy for 2004 payable in 2005: $480,000
This includes fiscal disparities amount of $78,189.
BE IT FURTHER RESOLVED, that there will not be a certified debt levy for the
General Obligation Bonds Series 2000A, the General Obligation Bonds Series 2002A, and the
General Obligation Bonds Series 2003A.
BE IT FURTHER RESOLVED that the City Administrator is authorized and directed at this
time to certify this Resolution to the County Auditor of Ramsey County, Minnesota.
CITY OF LAUDERDALE )
COUNTY OF RAMSEY ) ss
STATE OF MINNESOTA )
I, Richard Getschow, being duly qualified and City Administrator for the City of Lauderdale,
Ramsey County, Minnesota, do hereby certify that the attached and foregoing is a true and
correct copy of a Resolution duly adopted by the City Council of the City of Lauderdale on
September 14, 2004 as the same appears in the minutes of said meeting on file and of record in
City Offices.
Dated this 14th day of September, 2004.
(ATTEST)
Jeff Dains, Mayor
(SEAL) Rick Getschow, City Administrator
$100,000 Home
2005 LEVY AND IMPACT ON LAUDERDALE" HOMES
OPTION B
1999
$100,000
Gross Levy
- HACA =
Levy -
Fiscal
Net Levy
Tax
City
2002
$100,000
1%
2003
Disparities
(Local Levy)
Capacity
= Tax Rate
1995
$469,747
$84,013
$385,734
$97,645
$288,089
$1,099,160
0.26210
1996
$480,148
$80,540
$399,608
$111,519
$288,089
$1,107,105
0.26022
1997
$533,775
$81,305
$452,470
$120,053
$332,417
$1,290,437
0.25760
1998
$550,961
$81,305
$469,656
$126,788
$342,868
$1,196,529
0.28655
1999
$550,920
$81,264
$469,656
$138,964
$330,692
$1,139,484
0.29021
2000
$576,618
$88,212
$488,406
$136,506
$351,900
$1,212,463
0.29024
2001
$576,640
$88,234
$488,406
$137,608
$350,798
$1,288,844
0.27218
2002
$480,000
$0
$480,000
$113,102
$366,898
$1,101,190
0.33318
2003
$480,000
$0
$480,000
$83,029
$396,971
$1,226,301
0.32371
2004
$480,000
$0
$480,000
$85,940
$394,060
$1,370,005
0.28763
2005
$487,260
$0
$487,260
$78,189
$409,071
$1,552,484
0.26349
$100,000 Home
Value
x Tax %
1999
$100,000
1%
2000
$100,000
1%
2001
$100,000
1%
2002
$100,000
1%
2003
$100,000
1%
2004
$100,000
1%
2005
$100,000
1%
x Tax Rate
= Tax on $100,000 Home
0.2902
$290.21
0.2902
$290.24
0.2722
$272.18
0.3332
$333.18
0.3237
$323.71
0.2876
$287.63
0.2635
$263.49
$145,200 Home
Value
x Tax %
x Tax Rate
= Tax on Median Lauderdale Home
2002
$76,000
1%
0.3332
$253.22
$69,200
1.65%
0.3332
$380.43
2003
$76,000
1%
Total Tax
$633.65
2003
$76,000
1%
0.3237
$246.02
$69,200
1.00%
0.3237
$224.01
2004
$76,000
1%
Total Tax
$470.03
2004
$76,000
1%
0.2876
$218.60
$69,200
1.00%
0.2876
$199.04
2005
$76,000
1%
Total Tax
$417.64
2005
$76,000
1%
0.2635
$200.26
$69,200
1.00%
0.2635
$182.34
Total Tax
$382.59
Home Value x Tax % x Tax Rate = Tax on $200,000 Home
2002
$76,000
1%
0.3332
$253.22
$124,000
1.65%
0.3332
$681.69
Total Tax
$934.91
2003
$76,000
1%
0.3237
$246.02
$124,000
1.00%
0.3237
$401.41
Total Tax
$647.43
2004
$76,000
1%
0.2876
$218.60
$124,000
1.00%
0.2876
$356.67
Total Tax
$575.27
2005
$76,000
1%
0.2635
$200.26
$124,000
1.00%
0.2635
$326.73
Total Tax
$526.99
......................................
......................................
RESOLUTION NO. 091404A
CITY OF LAUDERDALE
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION LEVYING TAXES FOR 2004 PAYABLE IN 2005
BE IT HEREBY RESOLVED by the City of Lauderdale, Ramsey County, State of Minnesota
as follows:
The following tax levies are hereby made against all taxable property in the City of Lauderdale
for the tax levy 2004, payable 2005:
Total proposed levy for 2004 payable in 2005: $487,260
This includes fiscal disparities amount of $78,189.
BE IT FURTHER RESOLVED, that there will not be a certified debt levy for the
General Obligation Bonds Series 2000A, the General Obligation Bonds Series 2002A, and the
General Obligation Bonds Series 2003A.
BE IT FURTHER RESOLVED that the City Administrator is authorized and directed at this
time to certify this Resolution to the County Auditor of Ramsey County, Minnesota.
CITY OF LAUDERDALE )
COUNTY OF RAMSEY ) ss
STATE OF MINNESOTA )
I, Richard Getschow, being duly qualified and City Administrator for the City of Lauderdale,
Ramsey County, Minnesota, do hereby certify that the attached and foregoing is a true and
correct copy of a Resolution duly adopted by the City Council of the City of Lauderdale on
September 14, 2004 as the same appears in the minutes of said meeting on file and of record in
City Offices.
Dated this 14th day of September, 2004.
(ATTEST)
Jeff Dains, Mayor
(SEAL) Rick Getschow, City Administrator
$100,000 Home
2005 'LEVY AND IMPACT ON LAUDERDALEHOMES
OPTION C
1999
$100,000
Gross Levy
- HACA =
Levy -
Fiscal
Net Levy
Tax
City
2002
$100,000
1%
2003
Disparities
(Local Levy)
Capacity
= Tax Rate
1995
$469,747
$84,013
$385,734
$97,645
$288,089
$1,099,160
0.26210
1996
$480,148
$80,540
$399,608
$111,519
$288,089
$1,107,105
0.26022
1997
$533,775
$81,305
$452,470
$120,053
$332,417
$1,290,437
0.25760
1998
$550,961
$81,305
$469,656
$126,788
$342,868
$1,196,529
0.28655
1999
$550,920
$81,264
$469,656
$138,964
$330,692
$1,139,484
0.29021
2000
$576,618
$88,212
$488,406
$136,506
$351,900
$1,212,463
0.29024
2001
$576,640
$88,234
$488,406
$137,608
$350,798
$1,288,844
0.27218
2002
$480,000
$0
$480,000
$113,102
$366,898
$1,101,190
0.33318
2003
$480,000
$0
$480,000
$83,029
$396,971
$1,226,301
0.32371
2004
$480,000
$0
$480,000
$85,940
$394,060
$1,370,005
0.28763
2005
$489,600
$0
$489,600
$78,189
$411,411
$1,552,484
0.26500
$100,000 Home
Value
x Tax %
1999
$100,000
1%
2000
$100,000
1%
2001
$100,000
1%
2002
$100,000
1%
2003
$100,000
1%
2004
$100,000
1%
2005
$100,000
1%
x Tax Rate
= Tax on $100,000 Home
0.2902
$290.21
0.2902
$290.24
0.2722
$272.18
0.3332
$333.18
0.3237
$323.71
0.2876
$287.63
0.2650
$265.00
$145,200 Home
Value
x Tax %
x Tax Rate
= Tax on Median Lauderdale Home
2002
$76,000
1%
0.3332
$253.22
$69,200
1.65%
0.3332
$380.43
Total Tax
$633.65
2003
$76,000
1%
0.3237
$246.02
$69,200
1.00%
0.3237
$224.01
Total Tax
$470.03
2004
$76,000
1%
0.2876
$218.60
$69,200
1.00%
0.2876
$199.04
Total Tax
$417.64
2005
$76,000
1%
0.2650
$201.40
$69,200
1.00%
0.2650
$183.38
Total Tax
$384.78
$200,000 Home
Value
x Tax %
x Tax Rate
= Tax on $200,000 Home
2002
$76,000
1%
0.3332
$253.22
$124,000
1.65%
0.3332
$681.69
Total Tax
$934.91
2003
$76,000
1%
0.3237
$246.02
$124,000
1.00%
0.3237
$401.41
Total Tax
$647.43
2004
$76,000
1%
0.2876
$218.60
$124,000
1.00%
0.2876
$356.67
Total Tax
$575.27
2005
$76,000
1%
0.2650
$201.40
$124,000
1.00%
0.2650
$328.60
Total Tax
$530.00
$100,000 Home
2005 'LEVY AND IMPACT ON LAUDERDALE HOMES
OPTION E
1999
$100,000
Gross Levy
- HACA =
Levy -
Fiscal
Net Levy
Tax
City
2002
$100,000
1%
2003
Disparities
(Local Levy)
Capacity
= Tax Rate
1995
$469,747
$84,013
$385,734
$97,645
$288,089
$1,099,160
0.26210
1996
$480,148
$80,540
$399,608
$111,519
$288,089
$1,107,105
0.26022
1997
$533,775
$81,305
$452,470
$120,053
$332,417
$1,290,437
0.25760
1998
$550,961
$81,305
$469,656
$126,788
$342,868
$1,196,529
0.28655
1999
$550,920
$81,264
$469,656
$138,964
$330,692
$1,139,484
0.29021
2000
$576,618
$88,212
$488,406
$136,506
$351,900
$1,212,463
0.29024
2001
$576,640
$88,234
$488,406
$137,608
$350,798
$1,288,844
0.27218
2002
$480,000
$0
$480,000
$113,102
$366,898
$1,101,190
0.33318
2003
$480,000
$0
$480,000
$83,029
$396,971
$1,226,301
0.32371
2004
$480,000
$0
$480,000
$85,940
$394,060
$1,370,005
0.28763
2005
$499,200
$0
$499,200
$78,189
$421,011
$1,552,484
0.27119
$100,000 Home
Value
x Tax %
1999
$100,000
1%
2000
$100,000
1%
2001
$100,000
1%
2002
$100,000
1%
2003
$100,000
1%
2004
$100,000
1%
2005
$100,000
1%
x Tax Rate
= Tax on $100,000 Home
0.2902
$290.21
0.2902
$290.24
0.2722
$272.18
0.3332
$333.18
0.3237
$323.71
0.2876
$287.63
0.2712
$271.19
.NCE:
...........................
$145,200 Home
Value
x Tax %
x Tax Rate
= Tax on Median Lauderdale Home
2002
$76,000
1%
0.3332
$253.22
$69,200
1.65%
0.3332
$380.43
2003
$76,000
1%
Total Tax
$633.65
2003
$76,000
1%
0.3237
$246.02
$69,200
1.00%
0.3237
$224.01
2004
$76,000
1%
Total Tax
$470.03
2004
$76,000
1%
0.2876
$218.60
$69,200
1.00%
0.2876
$199.04
2005
$76,000
1%
Total Tax
$417.64
2005
$76,000
1%
0.2712
$206.10
$69,200
1.00%
0.2712
$187.66
Total Tax
$393.76
,000 Home Value x Tax % x Tax Rate = Tax on $200,000 Home
2002
$76,000
1%
0.3332
$253.22
$124,000
1.65%
0.3332
$681.69
Total Tax
$934.91
2003
$76,000
1%
0.3237
$246.02
$124,000
1.00%
0.3237
$401.41
Total Tax
$647.43
2004
$76,000
1%
0.2876
$218.60
$124,000
1.00%
0.2876
$356.67
Total Tax
$575.27
2005
$76,000
1%
0.2712
$206.10
$124,000
1.00%
0.2712
$336.27
Total Tax
$542.37
.....................................
....................................
DIFFERENCE:::::.:::::?::<($32;9i'.
RESOLUTION NO. 091404A
CITY OF LAUDERDALE
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION LEVYING TAXES FOR 2004 PAYABLE IN 2005
BE IT HEREBY RESOLVED by the City of Lauderdale, Ramsey County, State of Minnesota
as follows:
The following tax levies are hereby made against all taxable property in the City of Lauderdale
for the tax levy 2004, payable 2005:
Total proposed levy for 2004 payable in 2005: $489,600
This includes fiscal disparities amount of $78,189.
BE IT FURTHER RESOLVED, that there will not be a certified debt levy for the
General Obligation Bonds Series 2000A, the General Obligation Bonds Series 2002A, and the
General Obligation Bonds Series 2003A.
BE IT FURTHER RESOLVED that the City Administrator is authorized and directed at this
time to certify this Resolution to the County Auditor of Ramsey County, Minnesota.
CITY OF LAUDERDALE
COUNTY OF RAMSEY ) ss
STATE OF MINNESOTA
I, Richard Getschow, being duly qualified and City Administrator for the City of Lauderdale,
Ramsey County, Minnesota, do hereby certify that the attached and foregoing is a true and
correct copy of a Resolution duly adopted by the City Council of the City of Lauderdale on
September 14, 2004 as the same appears in the minutes of said meeting on file and of record in
City Offices.
Dated this 14th day of September, 2004.
(ATTEST)
Jeff Dains, Mayor
(SEAL) Rick Getschow, City Administrator
$100,000 Home
2005 LEVY AND IMPACT ON LAUDERDALE HOMES
OPTION D
1999
$100,000
1%
2000
$100,000
1%
2001
$100,000
1%
2002
Gross Levy
- HACA =
Levy -
Fiscal
Net Levy
Tax
City
1%
2005
$100,000
1%
Disparities
(Local Levy)
Capacity
= Tax Rate
1995
$469,747
$84,013
$385,734
$97,645
$288,089
$1,099,160
0.26210
1996
$480,148
$80,540
$399,608
$111,519
$288,089
$1,107,105
0.26022
1997
$533,775
$81,305
$452,470
$120,053
$332,417
$1,290,437
0.25760
1998
$550,961
$81,305
$469,656
$126,788
$342,868
$1,196,529
0.28655
1999
$550,920
$81,264
$469,656
$138,964
$330,692
$1,139,484
0.29021
2000
$576,618
$88,212
$488,406
$136,506
$351,900
$1,212,463
0.29024
2001
$576,640
$88,234
$488,406
$137,608
$350,798
$1,288,844
0.27218
2002
$480,000
$0
$480,000
$113,102
$366,898
$1,101,190
0.33318
2003
$480,000
$0
$480,000
$83,029
$396,971
$1,226,301
0.32371
2004
$480,000
$0
$480,000
$85,940
$394,060
$1,370,005
0.28763
2005
$494,400
$0
$494,400
$78,189
$416,211
$1,552,484
0.26809
$100,000 Home
Value
x Tax %
1999
$100,000
1%
2000
$100,000
1%
2001
$100,000
1%
2002
$100,000
1%
2003
$100,000
1%
2004
$100,000
1%
2005
$100,000
1%
x Tax Rate
= Tax on $100,000 Home
0.2902
$290.21
0.2902
$290.24
0.2722
$272.18
0.3332
$333.18
0.3237
$323.71
0.2876
$287.63
0.2681
$268.09
$145,200 Home
Value
x Tax %
x Tax Rate
= Tax on Median Lauderdale Home
2002
$76,000
1%
0.3332
$253.22
$69,200
1.65%
0.3332
$380.43
Total Tax
$633.65
2003
$76,000
1%
0.3237
$246.02
$69,200
1.00%
0.3237
$224.01
Total Tax
$470.03
2004
$76,000
1%
0.2876
$218.60
$69,200
1.00%
0.2876
$199.04
Total Tax
$417.64
2005
$76,000
1%
0.2681
$203.75
$69,200
1.00%
0.2681
$185.52
Total Tax
$389.27
:DIFFERENCE:::::':`::::::: $9Q8`:
$200,000 Home
Value
x Tax %
x Tax Rate
= Tax on $200,000 Home
2002
$76,000
1%
0.3332
$253.22
$124,000
1.65%
0.3332
$681.69
Total Tax
$934.91
2003
$76,000
1%
0.3237
$246.02
$124,000
1.00%
0.3237
$401.41
Total Tax
$647.43
2004
$76,000
1%
0.2876
$218.60
$124,000
1.00%
0.2876
$356.67
Total Tax
$575.27
2005
$76,000
1%
0.2681
$203.75
$124,000
1.00%
0.2681
$332.44
Total Tax
$536.19
:DIFFERENCE:::::':`::::::: $9Q8`:
: , ,
RESOLUTION NO. 091404A
CITY OF LAUDERDALE
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION LEVYING TAXES FOR 2004 PAYABLE IN 2005
BE IT HEREBY RESOLVED by the City of Lauderdale, Ramsey County, State of Minnesota
as follows:
The following tax levies are hereby made against all taxable property in the City of Lauderdale
for the tax levy 2004, payable 2005:
Total proposed levy for 2004 payable in 2005: $494,400
This includes fiscal disparities amount of $78,189.
BE IT FURTHER RESOLVED, that there will not be a certified debt levy for the
General Obligation Bonds Series 2000A, the General Obligation Bonds Series 2002A, and the
General Obligation Bonds Series 2003A.
BE IT FURTHER RESOLVED that the City Administrator is authorized and directed at this
time to certify this Resolution to the County Auditor of Ramsey County, Minnesota,
CITY OF LAUDERDALE )
COUNTY OF RAMSEY ) ss
STATE OF MINNESOTA )
I, Richard Getschow, being duly qualified and City Administrator for the City of Lauderdale,
Ramsey County, Minnesota, do hereby certify that the attached and foregoing is a true and
correct copy of a Resolution duly adopted by the City Council of the City of Lauderdale on
September 14, 2004 as the same appears in the minutes of said meeting on file and of record in
City Offices.
Dated this 14th day of September, 2004.
(ATTEST)
Jeff Dains, Mayor
(SEAL) Rick Getschow, City Administrator
RESOLUTION NO. 091404A
CITY OF LAUDERDALE
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION LEVYING TAXES FOR 2004 PAYABLE IN 2005
BE IT HEREBY RESOLVED by the City of Lauderdale, Ramsey County, State of Minnesota
as follows:
The following tax levies are hereby made against all taxable property in the City of Lauderdale
for the tax levy 2004, payable 2005:
Total proposed levy for 2004 payable in 2005: $499,200
This includes fiscal disparities amount of $78,189.
BE IT FURTHER RESOLVED, that there will not be a certified debt levy for the
General Obligation Bonds Series 2000A, the General Obligation Bonds Series 2002A, and the
General Obligation Bonds Series 2003A.
BE IT FURTHER RESOLVED that the City Administrator is authorized and directed at this
time to certify this Resolution to the County Auditor of Ramsey County, Minnesota.
CITY OF LAUDERDALE )
COUNTY OF RAMSEY ) ss
STATE OF MINNESOTA )
I, Richard Getschow, being duly qualified and City Administrator for the City of Lauderdale,
Ramsey County, Minnesota, do hereby certify that the attached and foregoing is a true and
correct copy of a Resolution duly adopted by the City Council of the City of Lauderdale on
September 14, 2004 as the same appears in the minutes of said meeting on file and of record in
City Offices.
Dated this 14th day of September, 2004.
(ATTEST)
Jeff Dains, Mayor
(SEAL) Rick Getschow, City Administrator
0%
2%
4%
2004 MEDIAN HOME VALUE AND TAX RATE COMPARED TO 2005 MEDIAN HOME VALUE AND TAX RATE
$125,700 $76,000
2005 LEVY AND IMPACT ON LAUDERDALE HOMES
0.2876
$218.60
$49,700
1.00%
0.2876
$142.95
Total Tax
$361.56
$145,200 $76,000
Gross Levy
- HACA =
Levy -
Fiscal
Net Levy
Tax
City
Total Tax
$375.80
Disparities
(Local Levy)
Capacity
= Tax Rate
1995
$469,747
$84,013
$385,734
$97,645
$288,089
$1,099,160
0.26210
1996
$480,148
$80,540
$399,608
$111,519
$288,089
$1,107,105
0.26022
1997
$533,775
$81,305
$452,470
$120,053
$332,417
$1,290,437
0.25760
1998
$550,961
$81,305
$469,656
$126,788
$342,868
$1,196,529
0.28655
1999
$550,920
$81,264
$469,656
$138,964
$330,692
$1,139,484
0.29021
2000
$576,618
$88,212
$488,406
$136,506
$351,900
$1,212,463
0.29024
2001
$576,640
$88,234
$488,406
$137,608
$350,798
$1,288,844
0.27218
2002
$480,000
$0
$480,000
$113,102
$366,898
$1,101,190
0.33318
2003
$480,000
$0
$480,000
$83,029
$396,971
$1,226,301
0.32371
2004
$480,000
$0
$480,000
$85,940
$394,060
$1,370,005
0.28763
2005
$480,000
$0
$480,000
$78,189
$401,811
$1,552,484
0.25882
0%
2%
4%
2004 MEDIAN HOME VALUE AND TAX RATE COMPARED TO 2005 MEDIAN HOME VALUE AND TAX RATE
$125,700 $76,000
1%
0.2876
$218.60
$49,700
1.00%
0.2876
$142.95
Total Tax
$361.56
$145,200 $76,000
1%
0.2588
$196.70
$69,200
1.00%
0.2588
$179.10
Total Tax
$375.80
J)JFFE»NC :::::'
::: Z3::*3:-:
$125,700 $76,000
1%
0.2876
$218.60
$49,700
1.00%
0.2876
$142.95
Total Tax
$361.56
$145,200 $76,000
1%
0.2650
$201.40
$69,200
1.00%
0.2650
$183.38
Total Tax
$384.78
J)JFFE»NC :::::'
::: Z3::*3:-:
$125,700 $76,000
1%
0.2876
$218.60
$49,700
1.00%
0.2876
$142.95
Total Tax
$361.56
$145,200 $76,000
1%
0.2712
$206.10
$69,200
1.00%
0.2712
$187.66
Total Tax
$393.76
Lauderdale City Council Memorandum
Council Meeting Date: September 14, 2004
To: Mayor and City Council
From: Rick Getschow, City Administrator
Agenda Item: Work Session Discussion
1tUs] XCI:Z61IIkiI 1
A. Refuse Collection Task Force
The City Council will further discuss the organized solid waste and recycling proposals.
B. Draft Zoning Ordinance
Included under separate cover for use in your own binder is a draft of Chapter 17 (Home
Occupations) and Chapter 18 (Adult Uses) for discussion.
The Chapter 17 (Home Occupations) draft is a second draft based on Council discussion
at an earlier work session.
This will be the first time that the Council will discuss Chapter 18 (Adult Uses). Through
research conducted by our Zoning Administrator (Jim), we have discovered that the
Lauderdale draft is much briefer than recent versions that have been enacted across the
State of Minnesota. We have included in this packet a copy of the City of Gaylord Adult
Use Ordinance that is based on recent model ordinances. You can discuss whether or not
you wish to enact a similar version or keep the current draft version.
As always, please come to the meeting with any comments or suggestions that you may
have.
I i e l
City of Gaylord -- Adult Use Ordinance
Page 1 of 11
Home Adult Use Ordinance Prir
Summer Recreation ORDINANCE NO. 246
Eggstrvganza AN ORDINANCE PROVIDING FOR THE REGULATION OF ADULT
ORIENTED BUSINESSES IN THE CITY OF GAYLORD; PROVIDING
City Officials FOR THE ISSUANCE OF LICENSES AND COLLECTION OF FEES
THEREFORE; PROVIDING PENALTIES FOR THE VIOLATION
THEREOF.
Departments
THE CITY COUNCIL OF THE CITY OF GAYLORD DOES ORDAIN AS
FOLLOWS:
Resident Services
ADULT ESTABLISHMENTS
Neter Resident
SECTION 1. Purpose and Intent
Information
513.01 Findings of the City Council. Studies conducted by the
Minnesota attorney general, the American Planning Association
Meetings
and cities such as St. Paul; Indianapolis; Alexandria, Minnesota;
Rochester, Minnesota; Phoenix, Arizona; Los Angeles, California;
City Council
Seattle, Washington; have studied the impacts that adult
establishments have in those communities. These studies have
concluded that adult establishments have an adverse impact on
Businesses
the surrounding neighborhoods. Those impacts include increased
crime rates, lower property values, increased transiency,
History
neighborhood blight and potential health risks. Based on these
studies and findings, the city council concludes:
(a) Adult establishments have adverse secondary impacts of
Views Of The City
the types set forth above.
(b) The adverse impacts caused by adult establishments tend
Zoning
to diminish if adult establishments are governed by
locational requirements, licensing requirements and health
rdinancesrequirements.
(c) It is not the intent of the city council to prohibit adult
Adult Use
establishments from having a reasonable opportunity to
locate in the city.
Municipal Utility
(d) Minnesota Statutes, Section 462.357, allows the city to
[Nuisance
adopt regulations to promote the public health, safety,
morals and general welfare.
Parking
(e) The public health, safety, morals and general welfare will
Sidewalk
be promoted by the city adopting regulations governing
adult establishments.
Recreational Fires
The City Council of the City of Gaylord makes the following
City Jobs
findings regarding the need to license sexually oriented
businesses. The findings are based upon the experiences of other
cities where such businesses have located, as studied by City
News
staff.
`tourist[[
(a) Sexually oriented businesses can contribute to an increase
in criminal activity in the area in which such businesses are
located, taxing city crime -prevention programs and law
FAQ
enforcement services.
(b) Sexually oriented businesses can be used as fronts for
prostitution and other criminal activity. The experience of
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City of Gaylord -- Adult Use Ordinance
Page 2 of 11
Helpful Links
other cities indicates that the proper management and operation of
such businesses can, however, minimize this risk, provided
Feedback
the owners and operators of such facilities are regulated
by licensing or other procedures.
Contact Us
(c) Sexually oriented businesses can increase the risk of
exposure to communicable diseases including but not
limited to Acquired Immune Deficiency Syndrome (AIDS)
for which currently there is no cure. Experiences of other
Search
cities indicate that such businesses can facilitate the
GO
spread of communicable diseases by virtue of the design
and use of the premises, thereby endangering not only the
r F��it site
patrons of such establishments but also the general public.
{� This Section
(d) Sexually oriented businesses can cause or contribute to
public health problems by the presence of live adult
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entertainment in conjunction with food and/or drink on the
same premises.
(e) The risk of criminal activity and/or public health problems
can be minimized through a licensing and regulatory
scheme as prescribed herein.
Subdivision 1. Findings. It is the purpose of this Ordinance to
regulate Adult Oriented Businesses to promote the health, safety, morals,
and general welfare of the citizens of the City and to establish reasonable
and uniform regulations to:
(a) Prevent additional criminal activity within the City,
(b) Prevent deterioration of neighborhoods and its consequent
adverse effect on real estate values of properties within the
neighborhood;
(c) To locate Adult Oriented Businesses away from residential
areas, schools, churches, and parks and playgrounds;
(d) Prevent concentration of Adult Oriented Businesses within
certain areas of the City.
Subdivision 2. The provisions of this Ordinance have neither
the purpose nor effect of imposing a limitation or restriction on the content
of any communicative materials, including Adult oriented materials.
Similarly, it is not the intent nor effect of this Ordinance to restrict or deny
access by adults to Adult oriented materials protected by the First
Amendment or to deny access by distributors and exhibitors of Adult
oriented entertainment to their intended market.
Section 2. Definitions.
Subdivision 1. For purposes of this section the terms defined in
this section have the meanings given them.
Subdivision 2. Adult Use. Any of the activities and businesses
described below constitute "Adult Oriented Businesses" which are subject
to the regulation of this Ordinance.
Subdivision 3. Adult Book and/or Media Store. An establishment
which excludes minors and which has a substantial portion of its stock in
trade or stock on display books, magazines, films, videotape, or other
media which are characterized by their emphasis on matter depicting,
describing, or relating to Specified Sexual Activities or Specified
Anatomical Areas.
Subdivision 4. Adult Cabaret. An establishment which provides
dancing or other live entertainment, if such establishment excludes minors
by virtue of age from all or part of the establishment and if such dancing or
other live entertainment in distinguished or characterized by an emphasis
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t
City of Gaylord -- Adult Use Ordinance
Page 3 of 11
on the performance, depiction or description of Specified Sexual Activities
or Specified Anatomical Areas.
Subdivision 5. Adult Establishment. Any business which offers
its patrons services, entertainment, or the sale of merchandise
characterized by an emphasis on matter depicting, exposing, describing,
discussion, or relating to specified sexual activities or specified anatomical
areas. Specifically included in the term, but without limitation, are adult
book and media stores, adult cabarets, adult hotels or motels, adult mini -
motion picture theaters, adult modeling studios, adult motion picture
arcades, adult motion picture theaters, adult novelty businesses, and other
establishments.
Subdivision 6. Adult 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 sexual activities or specified anatomical areas.
Subdivision 7. Adult Mini -Motion Picture Theater.
a) A theater in an enclosed building, from which minors are
excluded from all or part of the establishment, with a capacity
for less than 50 persons used for presenting motion pictures,
including but not limited to film and videotape, having as a
dominant theme material distinguished or characterized by an
emphasis on matter depicting, describing, or relating to
Specified Sexual Activities or Specified Anatomical Areas.
b) Any business which presents motion pictures, from which
minors are excluded from all or part of the establishment,
including films and videotapes, having as a dominant theme
material distinguished or characterized by an emphasis on
matter depicting, describing, or relating to Specified Sexual
Activities or Specified Anatomical Areas, for viewing on the
premises, including but not limited to private booths, viewing by
means of coin operated or other mechanical devices, and the
viewing of excerpts of motion pictures offered for sale or rent.
Subdivision 8. Adult Modeling Studio. An establishment, which
excludes minors from all or part of the establishment, whose major
business is the provision, to customers, or figure models who are so
provided with the intent of providing sexual stimulation to 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.
Subdivision 9. Adult Motion Picture Arcade. Any place which
excludes minors from all or part of the establishment wherein coin or token
operated or electronically, electrically, or mechanically controlled or
operated still or motion 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.
Subdivision 10. Adult Motion Picture Theater. A theater in an
enclosed building, from which minors are excluded from all or part of the
establishment, with a capacity of 50 or more persons used regularly and
routinely for presenting live entertainment or motion pictures, including but
no limited to film and videotapes, having as a dominant theme material
distinguished or characterized by an emphasis on matter depicting,
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City of Gaylord -- Adult Use Ordinance
Page 4 of 11
describing, or relating to Specified Sexual Activities or Specified
Anatomical Areas for observation by patrons.
Subdivision 11. Adult Novelty Business. A business, from which
minors are excluded from all or part of the establishment, which sells,
offers to sell, or displays devices which simulate human genitals or devices
which are designed for sexual stimulation.
Subdivision 12. Specified Anatomical Areas are any of the
following conditions:
a) Less than completely and opaquely covered;
1) human genitals, pubic region, or pubic hair;
2) buttock, anus; and
3) female breast below a point immediately above the top
of the areola; and
b) Human male genitals in a discernible turgid state,
completely and opaquely covered.
Subdivision 13. Specified Sexual Activities are any of the following
conditions:
a) An act of sexual intercourse, normal or perverted, actual or
simulated, including genital -genital, anal -genital, or oral -
genital intercourse, whether between human beings or
between a human being and an animal.
b) Sadomasochistic abuse, meaning flagellation or torture by
or upon a person who is nude or clad in undergarments or
in a revealing costume or the condition of being fettered,
bound, or otherwise physically restricted on the part of one
so clothed.
c) Masturbation or lewd exhibitions of the genitals including
any explicit, close-up representation of a human genital
organ clothed or unclothed.
d) Physical contact or simulated physical contact with the
clothed or unclothed pubic areas or buttocks of a human
male or female, or the breasts of a female, whether alone
or between members of the same or opposite sex or
between humans and animals in an act of apparent sexual
stimulation or gratification.
Section 3. Application of this Ordinance.
Except as in this Ordinance specifically provided, no structure shall be
erected, converted, enlarged, reconstructed, or altered, and no structure or
land shall be used, for any purpose nor in any manner, which is not in
conformity with this Ordinance.
No Adult Oriented Business shall engage in any activity or conduct or
permit any other person to engage in any activity or conduct in or about the
establishment which is prohibited by any ordinance of the City of Gaylord,
the laws of the State of Minnesota, or the United States of America.
Nothing in this Ordinance shall be construed as authorizing or permitting
conduct which is prohibited or regulated by other statutes or ordinances,
including but not limited to statutes or ordinances prohibiting the exhibition,
sale, or distribution of obscene material generally, or the exhibition, sale, or
distribution of specified materials to minors.
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City of Gaylord -- Adult Use Ordinance
Section 4. Location.
Page 5 of 11
During the term of this Ordinance, no Adult Oriented Businesses shall be
located less than 500 feet from any residential zoning district boundary or
site used for residential purposes, and less than 500 feet from any church
site, from any school site, from any day care facility, or from any park which
is adjacent to property zoned residential. In addition, no Adult Oriented
Business may be located within 500 feet of another Adult Oriented
Business. For purposes of this Ordinance, this distance shall be a
horizontal measurement from the nearest existing residential district
boundary or site used for residential purposes, church site, school site, day
care site, park site, or another Adult Oriented Business site to the nearest
boundary of the proposed Adult Oriented site.
Section 5. Hours of Operation.
No Adult Oriented Business site shall be open to the public from the hours
of 11:00 P.M. to 9:00 a.m.
Section 6. Operation.
Subdivision 1. Off-site Viewing. An establishment operating as
an Adult Oriented Business shall prevent off-site viewing of its
merchandise, which if viewed by a minor, would be in violation of
Minnesota Statutes Chapter 617 or other applicable Federal or State
Statutes or local ordinances.
Subdivision 2. Entrances. All entrances to the business, with
the exception of emergency fire exits, which are not useable by patrons to
enter the business, shall be visible from a public right-of-way.
Subdivision 3. Layout. The layout of the display areas shall be
designed so that the management of the establishment and any law
enforcement personnel inside the store can observe all patrons while they
have access to any merchandise offered for sale or viewing including but
not limited to books, magazines, photographs, video tapes, or any other
material.
Subdivision 4. Illumination. Illumination of the premises
exterior shall be adequate to observe the location and activities of all
persons on the exterior premises.
Subdivision 5. Si ns. Signs for Adult Oriented Businesses
shall comply with the City's Ordinance for signs addressed in ordinance 4,
and in addition signs for Adult Oriented Businesses shall not contain
representational depiction of an adult nature or graphic descriptions of the
adult theme of the operation.
Section 7. Licenses.
Subdivision 1. Licenses Required. All establishments,
including any business operating at the time this Ordinance becomes
effective, operating or intending to operate an Adult Oriented Business,
shall apply for and obtain a license from the City of Gaylord. A person is in
violation of the City Code if he or she operates an Adult Oriented Business
without a valid license, issued by the City.
Subdivision 2. Applications. An application for a license must
be made on a form provided by the City.
(a) The application must be accompanied by a sketch or
diagram showing the configuration of the premises,
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d
City of Gaylord -- Adult Use Ordinance
Page 6 of 11
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 marked dimensions of the interior of
the premises to an accuracy of plus or minus six inches.
(b) 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 appropriate state,
county, and local law and codes by the health official, fire
marshal, and building official.
(c) Application for license shall contain the address and legal
description of the property to be used; the names,
addresses, phone numbers, dates of birth, of the owner,
lessee, if any, the operator or manager, and all employees;
the name, address, and phone number of two persons,
who shall be residents of the State of Minnesota, and who
may be called upon to attest to the applicant's, manager's,
or operator's character; whether the applicant, manager, or
operator has ever been convicted of a crime or offense
other than a traffic offense and, if so, complete and
accurate information the disposition thereof; the names
and addresses of all creditors of the applicant, owner,
lessee, or manager insofar as the regarding credit which
has been extended for the purposes of constructing,
equipping, maintaining, operating, or furnishing or
acquiring the premises, personal effects, equipment, or
anything incident to the establishment, maintenance and
operation of the business.
(d) If the application is made on behalf of a corporation, joint
business venture, partnership, or any legally constituted
business association, it shall submit along with its
application, accurate and complete business records
showing the names, addresses, and dates of birth of all
individuals having an interest in the business, including
partners, officers, owners, and creditors furnishing credit
for the establishment, acquisition, maintenance, and
furnishings of said business and, in the case of a
corporation, the names, addresses, and dates of birth of all
officers, general managers, members of the board of
directors as well as any creditors who have extended
credit for the acquisition, maintenance, operation, or
furnishing of the establishment including the purchase or
acquisition of any items of personal property for use in said
operation.
(e) All applicants shall furnish to the City, along with their
applications, complete and accurate documentation
establishing the interest of the applicant and any other
person having an interest in the premises upon which the
building is proposed to be located or the furnishings
thereof, personal property thereof, or the operation or
maintenance thereof. Documentation shall be in the form
of a lease, deed, contract for deed, mortgage deed,
mortgage credit arrangement, loan agreements, security
agreements, and any other documents establishing the
interest of the applicant or any other person in the
operation, acquisition or maintenance of the enterprise.
(f) All establishments, including any business operating at the
time this Ordinance becomes effective, operating or
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City of Gaylord -- Adult Use Ordinance
Page 7 of 11
intending to operate an Adult Oriented Business shall be prohibited
if the license fee required by this ordinance has not been
paid.
(g) All establishments, including any business operating at the
time this Ordinance becomes effective, operating or
intending to operate an Adult Oriented Business shall be
prohibited if an applicant has been convicted of a crime
involving any of the following offenses:
(1) Any sex crimes as defined by Minn. Stat. 609.29
through 609.352 inclusive, or as defined by any
ordinance or statute in conformity therewith;
(2) Any obscenity crime as defined by Minn. Stat.
617.23 through 617.299 inclusive, or as defined by
any ordinance or statute in conformity therewith;
for which:
Less than two 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.
Less than five years have elapsed since the
date of the last conviction or the date of
release from confinement for the conviction,
whichever is the later date, if the conviction is
a felony offense; or
Less than five 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
conviction is of two or more misdemeanor
offenses or combination of misdemeanor
offenses occurring within any 24 month period.
(3) The fact that a conviction is being appealed shall
have no effect on disqualification of the applicant's
spouse.
Subdivision 4. Requalification. An applicant who has been
convicted of an offense listed in Section 7, Subdivision 3 (g), may qualify
for an Adult Oriented Business license only when the time period required
by Section 7, Subdivision 3 (g), has elapsed.
Subdivision 5. Posting. The license, if granted, shall state on
its face the name of the person or persons to whom it is granted, the
expiration date, and the address of the Adult Oriented Business. The
license shall be posted in a conspicuous place at or near the entrance to
the Adult Oriented Business so that it may be easily read at any time.
Subdivision 6. Council Action. The City Council shall act to
approve or disapprove the license application within 120 days from the
date the application was submitted, provided that the application contains
all of the information required by this ordinance. If the application is
deficient, the Council shall act on the application within 120 days from the
date that the deficiency has been corrected.
Subdivision 7. Appeals. Within 90 days after the decision by
the Council, the applicant may appeal to the District Court by serving a
notice upon the Mayor or Clerk of the Municipality.
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City of Gaylord -- Adult Use Ordinance
Section 8. Fees.
Page 8 of 11
Fees to obtain a license to operate an Adult Oriented Business
shall be set at $2,000.00 per year.
Section 9. Inspection.
Subdivision 1. Access. An applicant or licensee shall permit
health officials, representatives of the police department, fire department,
and building inspection division, to inspect the premises of an Adult
Oriented Business for the purpose of ensuring compliance with the law, at
any time it is occupied or open for business.
Subdivision 2. Refusal to Permit Inspections. A person who
operates an Adult Oriented Business or his/her agent or employee commits
an offense if she or he refuses to permit a lawful inspection of the premises
by health officials, representatives of the police department, fire
department, and building inspection division at any time it is occupied or
open for business. Refusal to permit inspections may result in the
suspension of the license as provided in Section 11.
Subdivision 3. Exceptions. 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.
Section 10. Expiration and Renewal.
Subdivision 1. Expiration. Each license shall expire at the end
of the calendar year and may be renewed only by making application as
provided in Section 7, Subdivision 1. Application for renewal must be
made at least 60 days before the expiration date, and when made less that
60 days before the expiration date, the expiration of the license will not be
affected.
Subdivision 2. Denial of Renewal. When the City denies
renewal of a license, the applicant shall not be issued a license for one
year from the date of denial. If, subsequent to denial, the City 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 90 days have elapsed since
the date denial became final.
Section 11. Suspension.
Subdivision 1. Causes of Suspension. The City may suspend
a license for a period not to exceed 30 days if it determines that licensee or
an employee of a licensee has:
(a) Violated or is not in compliance with any provision of this
chapter.
(b) Engaged in the use of alcoholic beverages while on the
Adult Oriented Business premises other than at an Adult
Hotel or Motel.
(c) Refused to allow an inspection of the Adult Oriented
Business Premises as authorized by this chapter.
(d) Knowingly permitted gambling by any person on the Adult
Oriented Business premises.
(e) Demonstrated inability to operate or manage an Adult
Oriented Business in a peaceful and law-abiding manner,
thus necessitating action by law enforcement officers.
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,^'ity of Gaylord -- Adult Use Ordinance
Page 9 of 11
Subdivision 2. Notice. A suspension by the City shall be
proceeded by written notice to the licensee and a public hearing. The
notice shall give at least 10 days notice of the time and place of the hearing
and shall state the nature of the charges against the licensee. The notice
may be served upon the licensee personally, or by leaving the same at the
licensed business premises with the person in charge thereof.
Section 12. Revocation
Subdivision 1. Suspended Licenses. The City may revoke a
license if a cause of suspension in Section 11 occurs and the license has
been suspended within the preceding 12 months.
Subdivision 2. Causes of Revocation. The City shall revoke a
license if it determines that:
(a) A licensee gave false or misleading information in the
material submitted 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;
(d) A licensee or an employee knowingly operated the Adult
Oriented 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 7, Subdivision 3(g), for which the time period
required in Section 7, Subdivision 3(g), has not elapsed;
(f) On two or more occasions within a 12 -month period, a
person or persons committed an offense occurring in or on
the licensed premises of a crime listed in Section 7,
Subdivision 3(g), for which a conviction has been obtained,
and the person or persons were employees of the Adult
Oriented 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 or
masturbation to occur in or on the licensed premises.
Subdivision 3. Appeals. The fact that a conviction is being
appealed shall have no effect on the revocation of the license.
Subdivision 4. Exceptions. Section 12, Subdivision 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.
Subdivision 5. Granting a License After Revocation. When the
City revokes a license, the revocation shall continue for one year and the
licensee shall not be issued an Adult Oriented Business license for one
year from the date revocation became effective. If, subsequent to
revocation, the City finds that the basis for the revocation has been
corrected or abated, the applicant may be granted a license if at least 90
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'ity of Gaylord -- Adult Use Ordinance Page 10 of 11
days have elapsed since the date the revocation became effective. If the
license was revoked under Section 12, Subdivision 2(e), an applicant may
not be granted another license until the appropriate number of years
required under Section 7, Subdivision 3(g), has elapsed.
Subdivision 6. Notice. A revocation by the City shall be
proceeded by written notice to the licensee and a public hearing. The
notice shall give at least 10 days notice of the time and place of the hearing
and shall state the nature of the charges against the licensee. The notice
may be served upon the licensee personally, or by leaving the same at the
licensed premises with the person in charge thereof.
Section 13. Transfer of License.
A licensee shall not transfer this license to another, nor shall a
licensee operate an Adult Oriented Business under the authority of a
license at any place other than the address designated in the application.
Section 14. Severability.
Every section, provision, or part of this Ordinance or any permit
issued to this ordinance is declared severable from every other section,
provision, or part thereof to the extent that if any section, provision, or part
of this Ordinance or any permit issued pursuant to this ordinance shall be
held invalid by a court of competent jurisdiction it shall not invalidate any
other section, provision, or part thereof.
Section 15. Effective. This Ordinance shall be effective upon its
passage and publication.
John C. Schwartz
Mayor
ATTEST:
Lonny L. Johnson
City Administrator
First Reading: October 3, 2001
Second Reading: November 7, 2001
Adopted: November 7, 2001
Published: November 15, 2001
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