HomeMy WebLinkAbout01/09/1989 Council Minutes13
COUNCIL MEETING JANUARY 9, 1989
The regular meeting of the Lino Lakes City Council was
called to order by Mayor Benson at 7:05 P.M., January 9,
1989. Council Members present: Neal, Bohjanen, Reinert,
Bisel. Council Members absent: none. City Attorney, Bill
Hawkins; Engineer, Ron Stahlberg; TKDA Representative, Jim
Voyen; Building Inspector, Pete Kluegel; Police Chief, Dean
Campbell; Public Works Director, Don Volk and
Clerk - Treasurer Marilyn Anderson were also present.
CONSIDERATION AND APPROVAL OF MINUTES
Special Council Meeting, December 22. 1988 - Mr. Neal moved
to approve these minutes as presented. Mr. Reinert seconded
the motion. Motion carried with Mr. Bohjanen abstaining.
Council Work Session, December 27, 1988 - Mr. Neal moved to
approve these minutes as presented. Mr. Bisel seconded the
motion. Motion carried unanimously.
Regular Council meeting, December 27, 1988 - Mr. Bisel moved
to approve these minutes as presented. Mr. Reinert seconded
the motion. Motion carried unanimously.
CONSIDERATION AND APPROVAL OF DISBURSEMENT
December 31. 1988 - Mr. Bohjanen moved to approve these
Disbursements as presented. Mr. Bisel seconded the motion.
Mr. Neal asked about the disbursement to Nordic Insulators.
Mr. Schumacher explained that the ceiling in the new section
of city hall was insulated to keep pipes from freezing.
There was discussion regarding getting the contractor to pay
for the work. It was noted that the contractor is out of
business and because this issue is rather small it would not
be cost effective to go after his bond.
Voting on the motion, motion carried unanimously.
January 9, 1989 - Mr. Bisel moved to approve these
Disbursements as presented. Mr. Reinert seconded the
motion. Motion carried unanimously.
OPEN MIKE
Robert King, 198 Marvey Street - Mr. King explained that on
January 3, 1989 he saw surveyers on his property without any
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COUNCIL MEETING JANUARY 9, 1989
notification to him as to why there were there. He did talk
to them and they explained that they were surveying the
center of the trunk utility line. Mr. King explained that
he was aware of the planned route and did talk to the City
staff and was told that no survey work was to be done until
all notifications were sent. Mr. King said he felt this
work was poorly handled and he is upset because he was not
notified that surveyors would be on his property. Mr. King
expressed appreciation to the officials who did determine
what was happening and for letting him know the
circumstances.
Mayor Benson noted that this issue was talked about just
prior to this meeting. He explained a policy will be
established for the engineering firm to follow. Mr. King
said his main concern was that he was not notified prior to
the entry onto his property. Mayor Benson apologized for
causing him concern.
CONSIDERATION OF ANNUAL APPOINTMENTS
Park Board
Mayor Benson noted that the terms of Mr. Bill Nissen and Mr.
John Baumann have expired. He asked both Mr. Nissen and Mr.
Baumann to explained why they would like to be re- appointed.
Mr. Nissen explained that he has served since 1982 and
manages a retail lawn and garden center. Previous to this
appointment he served on the Circle Pines Park Board. He
said he feels that parks should be where people actually
live rather than residents being forced to travel to a
facility. He also felt that in new subdivision, parks
should be fully developed before the subdivision is
completed. He did feel that this City has come a long way
in its park development.
Mr. Nissen noted that the connection with the Chain of Lakes
Regional Park operated by the Anoka County Parks Department
seems very separated from the City. He expressed a need to
work with the County. He noted that he is a member of the
Chain of Lakes Park Board. This body has not yet held a
meeting.
Mr. Nissen said he has enjoyed his work with the Park Board
and felt it was exciting to plan and help give some
direction to the Council regarding City parks.
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1 40 COUNCIL MEE`T'ING JANUARY 9, 1989
Mr. John Baumann explained that he has been on the Park
Board for three years and has .lived in Lino Lakes since
1979. He noted that he has enjoyed working on the Park
Board and felt that he has made a contribution and would
like to continue. He said he sees a need for a good trail
system and more soccer fields. He noted that funding is the
key element to accomplishing these goals. At this point he
explained that he sees his role as making decisions for Lino
Lakes using the most cost effective method.
Mr. Neal asked if anyone has ever made a negative comment to
Mr. Baumann about the park system. Mr. Baumann said only
regarding the location of the parks. Mr. Bisel asked aside
from money what can the Council do to help the Park Board.
Mr. Baumann said the Council should have more combined
boards and commission meetings.
Steven Heiskary, 572 Arrowhead Court explained to the
Council that he has applied for a position on the Park Board
because he is interested in preserving the environmental
quality and general quality of life which brought his family
to Lino Lakes. He outlined his background noting that he is
employed by the Environmental Pollution Agency. Mr.
Heiskary also explained that he felt facilities should be
built where there is development and noted that he felt he
would fit in with the other Park Board members well.
Mr. Bisel asked what Mr. Heiskary thought about trail
systems. Mr. Heiskary said he liked the idea and noted that
there is a movement toward passive recreation. Mr. Heiskary
said he would have no problem attending meetings or training
sessions.
Mayor Benson noted that there were three candidates for the
two positions and thanked the candidates for coming this
evening. He explained that whatever candidate is not
chosen, his name will be kept on file and will be notified
if another vacancy occurs. He asked the Council to vote for
two members of the Park Board. Mr. Nissen and Mr. Bauman
were re- elected for another three year term by unanimous
vote.
Planning and Zoning Board
Mayor Benson explained that there are two vacant positions
on this Board. Both of the previous members have sent
letters expressing their desire to be re- apponted and three
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COUNCIL MEETING JANUARY 9, 1989
residents have sent letters expressing their desire to be
appointed to the Board.
Mrs. Arlene Averbeck explained that she has been a member of
the Planning and Zoning Board for the past three years and
felt it has been a very interesting, enjoyable and sometimes
painful experience. Mr. Neal asked if she had a choice of
serving on the Planning and Zoning Board or the Economic
Development Committee, which Board would she like to serve.
Mrs. Averbeck said the Planning and Zoning Board. Mr. Neal
asked Mrs. Averbeck how she would handle a proposal before
the Planning and Zoning Board rezoning everything from Pine
Street down Lake Drive to 35W. Mrs. Averbeck said she was
not in favor of strip zoning. She said she could see where
larger chunks of land could be put aside around Main Street
and around 35W. However, strip zoning would be reverting
back to the situation several years ago. Mr. Neal asked
how she would react to a hardward store locating in the
former Luther's Marine building. Mrs. Averbeck said she
would not have a problem with this.
Mr. Bisel asked Mrs. Averbeck what she felt was the most
pressing problem facing Lino Lakes as far as development is
concerned. She did not see that Lino Lakes has problems
similar to other cities but did note the conflicts between
business and homeowners several years ago.
Mr. Reinert asked why Mrs. Averbeck wanted to be
re- appointed. She explained that she now has some
experience and is familiar with the City and is interested
in the City. Mr. Bohjanen asked how Mrs. Averbeck would vote
if a conflict of interest should arise. Mrs. Averbeck said
hopefully she would recognize the conflict and abstain from
voting on the issue.
Mayor Benson asked Mrs. Averbeck how she viewed her position
on the P & Z Board and how the Council has given direction
to that Board. She noted that there have been times when
the Board has made recommendations and the Council has not
followed the recommendations. She explained that she does
like to have a Council Member at the P & Z meetings to give
direction. Mayor Benson asked if Mrs. Averbeck generally
agrees with the philosophy of the Council regarding the
location of housing and commercial and industrial
development. Mrs. Averbeck said she goes along with the
idea of planning so when things do get going they will go
smoothly. She noted that if the residents know when they
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142 COUNCIL MEETING JANUARY 9, 1989
move. into Lino Lakes what is planned for their area, they
accept-the change more readily.
Mr. Bisel asked Mrs. Averbeck to rate the relationship of
the P & Z Board to the people who came before it during the
last three years. She did rate the years and noted that
there were a few irrate people who brought a lot of
questions to the Board. Mayor Benson asked what could be
done to make the job of Board Member easier to perform.
Mrs. Averbeck referred to the December 3, 1988 joint board
and commission meeting and also said getting minutes from
all boards and commissions help to let the members know what
is going on in other areas of the City. Mrs. Averbeck said
making sure that prospective agenda items are complete
before bringing the matter to the Board is helpful. This
avoids further delays.
Tim Anderson, 547 Lois Lane explained that he has been a
resident of Lino Lakes since September but was raised in
Little Canada and is familiar with Lino Lakes. He gave a
brief background account noting that he is now employed by
Pratt Construciton in White Bear Lake. Mr. Bisel asked Mr.
Anderson what expertise he could bring to the P & Z Board.
Mr. Anderson explained that his experience and education in
working for a land developer would be valuable. He said he
would know what it is like to view the matter from both
prospectives. He said he would like to be invovled with the
City and is somewhat shifting his focus. Mayor Benson asked
Mr. Anderson what he saw as major problems or issues facing
the City. Mr. Anderson said he felt it would be difficult
to keep the City as we have it now. He said he would not
have any problem attending meetings or special sessions.
Fred Chase, 6184 Woodchuck Circle explained that he has been
in front of the Council several times and has been a
resident of Lino Lakes since 1985. He noted that he is a
member of the West Oaks of Bald Eagle Homeowners' Assn. and
is a registered civil engineer. Mr. Chase said this City
should have a broad spectrum of all types of housing, good
commercial development but with real forethought. He said
he felt he has something to offer the Board and he does
enjoy being involved with making this a better place to
live. Mayor Benson asked Mr. Chase what he saw as major
problems facing this City. Mr. Chase said growth and use of
open space. He noted that this City is not in the mode of
redevelopment like other older cities but did see the need
to look to the future growth. Mr. Chase said he did not
have a problem attending meetings, training sessions etc.
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COUNCIL MEETING JANUARY 9, 1989
He has spoken to his family and employer regarding this
matter.
Gordon Girtz, 6065 Ware Road gave a brief outline of his
background noting that he has lived here six months and is
currently an Occupational Health and Safety Specialist for
the University of Minnesota. Mr. Girtz explained that it is
important that Lino Lakes expand its tax base and do long
range planning in the area of economic development. (Go for
a Target store). Mr. Girtz noted that with his background
as a soils scientist he could assist the P & Z Board in
their decisions regarding subdivision. He felt he would do
his homework and remain objective and make his own judgement
on the matter before the Board.
Mayor Benson asked Mr. Girtz what he saw as the major
problem facing Lino Lakes. Mr. Girtz said increasing the
tax base to help residents by getting more commercial
development in the City. He said he would not have a
problem attending meetings or training sessions.
Mayor Benson noted that Cheryl Nelson is not here this
evening but has sent a letter expressing her desire to be
re— appointed to the Board.
The Council voted for two members to be appointed to the
Planning and Zoning Board: Averbeck, two votes; Nelson, two
votes; Chase, two votes; Girtz, four votes; Anderson, zero
votes. Mr. Girtz was appointed and the Council later voted
to break the three way tie. (See page No. 10 of these
minutes.)
Fire Commission
Mr. Neal explained that Mrs. Elsenpeter has expressed a
desire to be removed as alternate to the Fire Commission.
Mr. Neal said he would like to remain as a delegate and
would like Mr. Benjamin to remain as a delegate until the
Joint Powers Agreement is renegotiated. Mr. Reinert
expressed concern as to what the other two Councils will
think knowing that Mr. Neal is both a Council Member and
Fire Commission Member. Mr. Neal said he will abstain from
voting on any Council action regarding the matter. Mr.
Hawkins said there would be no legal problem with Mr. Neal
keeping both positions.
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COUNCII, MEETING JANUARY 9, 1989
It was decided that if the Joint Powers Agreement is
successfully renegotiated, the Council will consider
appointments to the Fire Commission.
Circle Pines Utilities Commission
Mayor Benson noted that Mr. Al Ross' three year term expired
on January 1., 1989. Mr. Bisel moved to appoint Mr. Ross to
another three year term. Mr. Bohjanen seconded the motion.
Mr. Reinert asked that Mr. Ross give a report periodically
to let the Council know if he has any problems.
Voting on the motion, motion carried unanimously.
1989 Liason Appointments
Mayor Benson made the following appointments:
Planning and Zoning Board
Park Board
Economic Development Committee
Cable Commission
Street Committee
Chamber of Commerce
Vadnais Water Management
Ways and Means Committee
Centennial Fire District
Charter Commission
Police Advisory Board
residents. Mr. Reinert
Chairman /report back to
Acting Mayor
Assessor
Fire District Audit Committee
Fire District Planning Committee
Centennial Community Education
Advisory Board
Anoka County Law Enforcement
Task Force
Forest Lake School District #831
Certificate of Compliance
Representative
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Mayor Benson /Mr. Bisel
Mr. Neal
Mayor Benson /Mr. Bisel
Mr. Reinert
Mayor Benson /Mr. Neal
Mr. Bohjanen
City Staff
Mayor Benson /Mr. Boh-
janen & report back to
full Council
Mr. Bohjanen
Mr. Reinert
Mr. Reinert /Chief of
Police /Centerville
liaison /2 Lino Lakes
Council
Mr. Reinert
Anoka County Assessor
Paula Romocky
Mr. Neal
Jeannie Goldade
Mr. Neal
Arlene Averbeck
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COUNCIL MEETING JANUARY 9, 1989
Consultants
City Attorney - Mr. Reinert moved to appoint Burke and
Hawkins as City Attorney for 1989. Mr. Neal seconded the
motion. Motion carried unanimously.
City Engineer - Mr. Bisel moved to put two firms in place,
TKDA and SEH and have staff make recommendations on which
firm they plan to use. Mr. Neal seconded the motion.
Mayor Benson asked for an explanation of how this would work
and how would the Council know if the rates of the two firms
are competitive. Mr. Bisel felt the rates would be more
competitive since in essence they would be bidding against
each other. Mr. Reinert felt these were two excellent firms
but would like to see the mechanics on how this would work.
Mr. Schumacher explained that it would take time for SEH to
come up to speed with this City but noted that it would give
the Council an opportunity to choose the firm with the
higher expertise for each individual project. Mr. Reinert
noted that this Council has gone outside of the City
consultant before and asked why this plan of action cannot
be continued.
Mayor Benson noted that the City has had TKDA for seven
years and felt it would be unfair to weight one project as
opposed to seven years. He felt TKDA should be given the
opportunity to change things and also noted that this City
can change firms at any time. Mr. Bisel explained that he
has toured the SEH facility and has talked to them about
this situation. He felt that anytime competition is set up
this City should come out the winner.
Mr. Reinert felt in this case coordination will be very
important. It means that staff will have to be in contact
with both engineering firms all of the time. Mr. Bisel felt
that this is positive. Mr. Reinert said he was not opposed
to this move but felt more information was needed. Mr.
Schumacher said he felt that TKDA would be the lead firm and
SEH would be brought in for specific projects. Mr. Bisel
said he was not designating either firm as lead firm.
Mayor Benson asked if an engineer from both firms would
attend all Council meetings. He noted that there would be
double costs and asked where the funding for this would come
from. Mr. Bisel said that competition between the two firms
may reduce overall costs. Mr. Schumacher explained that
money would have to come from improvement projects.
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146: COUNCIL MEETING
JANUARY 9, 1989
Voting on the motion, motion carried with Mr. Reinert voting
no. Mayor Benson asked that this motion be contigent upon
SEH presenting their rates and designating a representative
for Lino Lakes. He asked that SEH give Mr. Schumacher two or
three choices and then the Council can examine their
credentials. Mr. Reinert asked that a format be prepared
immediately so that the Council can see how this will come
together.
City Planner
Mr. Bisel moved to appoint Mr. John Miller as City Planner
for 1989. Mr. Bohjanen seconded the motion. Motion carried
unanimously.
Fiscal. Agent
Mr. Bisel moved to appoint Springsted, Inc. Mr. Reinert
seconded the motion. Motion carried unanimously.
Weed Inspector
Mayor Benson noted that Mike Hoffman the City Forester will
be preforming these duties. Mr. Reinert moved to appoint
Mr. Hoffman as Weed Inspector. Mr. Neal seconded the
motion. Motion carried unanimously.
Mayor Benson asked that Mr. Robinson be sent a letter
thanking him for his service.
Fire Marshall
The Fire Marshall is appointed by the Fire District.
Civil Defense Director
Mr. Bohjanen moved to re— appoint Charles Cape as Civil
Defense Director. Mr. Reinert seconded the motion. Motion
carried unanimously.
Health Officer
Mr. Reinert moved to appoint Anoka County Health Department
as Health Officer. Mr. Neal seconded the motion. Motion
carried unanimously.
Legal Newspaper
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COUNCIL MEETING JANUARY 9, 1989
Mr. Neal moved to appoint the Circulating Pines as legal
newspaper. This motion died for lack of a second.
Mr. Bohjanen moved to appoint the Quad Press as legal
newspaper. Mr. Bisel seconded the motion.
Mr. Reinert asked Mr. Schumacher if cost comparisons were
completed. Mr. Schumacher noted that the Circulating Pines
is usually the least expensive, however the purpose is to
reach the most residents in Lino Lakes and the Quad Press is
most effective at this. Mr. Reinert noted that it is pretty
consistant as to who has attended and reported on Lino Lakes
issues and that is the Circulating Pines. It appears that
the Quad Press is not really interested in what is happening
in Lino Lakes. He felt it is unfortunate that the
Circulating Pines does not reach more residents.
Mr. Neal noted the distance that the Quad Press is from Lino
Lakes and that it would take less time to get legal notices
to the Circulating Pines. Mrs. Anderson explained that she
has not had a problem in this matter.
Mr. Bisel noted that the White Bear Press prints five
newspapers. He noted many news items from Hugo in the Quad
Press and said who cares. Sometimes it appears that they
use the same story line in all five newspapers.
Mr. Bisel suggested that when there are projects or notices
of interest to the residents west of Highway #49 and west of
Lake Drive, notices should also be printed in the
Circulating Pines. Mrs. Anderson said that she is currently
doing this.
Voting on the motion, motion carried with Mr. Neal voting
no.
Legal Depositories
Mr. Bohjanen moved to approve the list of depositories with
the addition of Shearson, Lehman, Hutton. Mr. Bisel
seconded the motion. Motion carried unanimously.
Planning and Zoning Board
A three way tie vote was recorded during the first
consideration of appointment to the P & Z Board. The
Council voted a second time to break the tie. The result is
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4 S COUNCIL MEETING JANUARY 9, 1989
as follows: Chase four votes, Averbeck one vote. Mr. Chase
was appointed to the second three year position.
PLANNER'S REPORT
Resolution No. 01 - 89 Denvin Conditional Use Permit for
Adams Outdoor Advertising - This item appeared on the
December 27, 1988 agenda and the staff was asked to prepare
a resolution. Mr. Bisel moved to approve Resolution No. 01
- 89. Mr. Neal seconded the motion. Motion carried
unanimously. This resolution can be found at the end of
these minutes.
REVIEW OF 1988 ANNUAL BUILDING OFFICIAL'S REPORT - PETE
KLUEGEL
Mr. Kluegel had prepared a written report and included it in
the Council packet. He read from the report noting that 330
building permits with a total valuation of $18,145,012 were
issued in 1988. One hundred and sixty five of the permits
were for new homes making this the best year for new home
construction since 1979. He also noted the average value of
a new home in Lino Lakes is $92,234.
Mr. Kluegel noted that he has issued forty five building
permits in the City of Lexington. He also noted other areas
of responsibility and said he is looking forward to an even
more productive year in the Building Department.
CONSIDERATION OF A NEW ORDINANCE TO REGULATE TRANSIENT
MERCHANTS WITHIN THE CITY - ORDINANCE NO. 89 - 01
Chief Campbell presented a draft of Ordinance No. 89 - 01 to
the Council. He noted this area has become a growing
problem and explained how the matter is currently handled by
the Police Department.
There were several questions regarding the ordinance: what
would the fee be, how would the Police Department know if a
peddler comes into town and does not get a license, what
would the license period be, would types of legal problems
would the City encounter? Mr. Hawkins explained that this
would be more of a knowledge type of ordinance rather than a
revenue maker. Local businesses such as Schwan's would not
be affected, they are not transient and do not sell door to
door, just make deliveries.
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COUNCIL MEETING JANUARY 9, 1989
Mr. Bisel moved to approve the first reading of Ordinance
No. 89 - 01 and have the questions raised researched. Mr.
Neal seconded the motion. Motion carried with Mayor Benson
abstaining.
ENGINEER'S REPORT - RON STAHLBERG
Mr. Stahlberg did not have a report.
Mr. Bisel referred to the surveying work done on Mr. King's
property and said that this was totally unacceptable. He
moved to retain TKDA and have John Davidson as City
Engineer. Mr. Neal seconded the motion. The motion failed
with Mr. Reinert, Mr. Bohjanen and Mayor Benson voting no.
Mayor Benson directed the City Administrator to inform SEH
of the guidelines and to be ready by the next Council
meeting. Mr. Reinert felt it was unfortunate that this
concerned was aired in this manner tonight. He expressed
concern regarding the mechanics involved with two City
Engineers.
Mr. Voyen noted that this is a big problem in many
communities and expressed appreciation for the opportunity
to work with Lino Lakes.
ATTORNEY'S REPORT - BILL HAWKINS
Mr. Hawkins did not have a report.
OLD BUSINESS
Reminder of Work Session with City Engineer, January 17,
1989, 3:00 P.M.
Reminder of Senator Durenberger's Staff Mobile Office
Meeting, January 12, 1989, 10:00 A.M. to 11:30 A.M. Mayor
Benson asked that Senator Durenberger's staff be made aware
of the need for two interchanges in Lino Lakes.
Report on Police Fine Structure as it Relates to State,
County and Local Municipalities - Chief Campbell had
prepared a written report on this matter and included it in
the Council packets. There were several question such as
why does the County receive such a large portion of the
fines. Mr. Hawkins explained that Anoka County provides all
jail facilities for Anoka County without cost as well as
certain investigation units.
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NEW BUSINESS
Burning Permits - Mr. Neal suggested that this City set a
large fee for Burning Permits to reduce the number of
permits issued each year or eliminate burning permits
altogether. After further discussion, this matter was
referred to the City Administrator to make a future agenda
item.
Gas Pump Permits - Mr. Neal suggested that this City issue a
permit for every gas pump within the City. He explained the
cost of providing fire coverage to businesses that sell gas
and suggested that this may be a way of recouping some of
these costs. This matter was referred to the City
Administrator to make a future agenda item.
Letter From Civil Defense Director to State and National
Representatives Regarding Smoke Detectors - Mayor Benson
asked that letters of this type be submitted to the City
Administrator prior to being sent.
Park Dedication Formula - Mayor Benson noted a Subdivision
Park Dedication Format has been included in the Council
packets for the Council to review.
Roger Nelson, Rice Creek Watershed District Permit - Mr.
Hawkins explained that part of the settlement with Mr.
Nelson is that he obtain the necessary permits from the
different agencies. When these are secured, Mr. Hawkins
will bring the entire matter to the Council for their
consideration.
Mayor Benson noted the League of Minnesota Cities
Legislative Conference and receipt of a new council members
seminar presentation.
Mayor Benson noted that Mr. Schumacher is trying to set the
first meeting with Centerville's and Circle Pine's city
council's for January 17th or 18th to start the negotiations
process regarding the Fire District Joint Powers Agreement.
Mr. Bisel moved to adjourn at 10:00 P.M. Mr. Reinert
seconded the motion. Aye.
CITY OF LINO LAKES
RESOLUTION NO. 89 -01
A RESOLUTION DENYING A CONDITIONAL USE PERMIT TO ADAMS
OUTDOOR ADVERTISING IN ITS REQUEST TO ERECT BILLBOARDS
WITHIN THE CORPORATE LIMITS OF THE CITY OF LINO LAKES.
WHEREAS: Adams Outdoor Advertising Company on October
18, 1988 made application with the City of
Lino Lakes to erect two billboards to be
located within the corporate limits of the
city; and,
WHEREAS:. The sites selected by Adams for the 45 foot
high, 672 square foot signs were the two
diamond interchange areas wi thin the city;
and,
WHEREAS:
WHEREAS:
WHEREAS:
The Lino Lakes Sign Ordinance states in
Section 4A2 that billboards are special or
conditional uses and in Section 4FF that
no sign exceeding 50 square feet in size
and 30 feet in height can be erected prior
to Planning and Zoning Board and City
Council approval; and,
The Lino Lakes Zoning Ordinance in Section
5, Subdivision 5 outlines procedures to be
followed in considering conditional use
requests and lists criteria to be followed
in granting the permits; and,
Adams' application was reviewed by the Lino
Lakes Economic Development Committee at its
meeting of November 16, 1988 and the members
determined that 1) the sites chosen by the
applicant were in areas where considerable
planning for commercial and industrial
development had been completed, 2) the sites
were in or near areas currently being con-
sidered for major commercial and industrial
development, and 3) the billboards would not
be conducive to the development of these
151
WHEREAS:
several properties; and,
Adams' application was reviewed by the Lino
Lakes Planning and Zoning Board at its meeting
of December 14, 1988 and that it reviewed the
application based on conditional use permit
standards found in Section 5, Subdivision 5
(2) of the Lino Lakes Zoning Ordinance; and,
WHEREAS: The Planning and Zoning Board determined that
the billboards would:
1. Not be harmonious with the general and
applicable specific plans and policies
of the Comprehensive Plan of the city
and the zoning ordinance.
Not be designed, constructed, operated,
and maintained so as to be harmonious
and appropriate in appearance with the
existing and/or intended character of
the general vicinity and will not
change the essential character of that
area.
...be detrimental to the economic
welfare of the community; and,
WHEREAS: The Planning and Zoning Board could not make
all of the findings necessary to recommend
approval of the conditional use permit, it
recommended on December 14, 1988 that the City
Council deny the permit request; and,
WHEREAS: The Lino Lakes City Planner recommended in
several written memoranda and staff reports
prepared prior to January 9, 1989 that erection
of the billboards be denied as they would
make development of the two commercial and
industrial sites more 'difficult; and,
WHEREAS:
The Lino Lakes City Council considered Adams'
application at its meeting of December 27,
1988 and in individual statements agreed with
the findings of the Economic Development
Committee, the Planning and Zoning Board, and
the city planner and directed the city planner
to prepare a resolution denying the conditional
use permit;
NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
LINO LAKES, MINNESOTA:
1
That the conditional use permit request from Adams Outdoor
Advertising to erect two billboards within the corporate
limits of Lino Lakes is denied.
Adopted by the Council of the City of Lino Lakes, Minnesota
this ninth day of January, 1989.
Benjamii G. Bensofl; Mayor
Maritlyn G. Anderson, Clerk- Treasurer
154
CITY OF LINO' LAKES
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 89 - 01
AN ORDINANCE DEFINING TRANSIENT MERCHANT, PEDDLER, CANVASSER, ANDS
SOLICITOR AND REQUIRING SAID INDIVIDUALS OR ORGANIZATIONS TO COMPLY
WITH CERTAIN PROCEDURES WHILE DOING BUSINESS WITHIN THE CITY IN
ORDER TO PROVIDE FOR THE PUBLIC WELFARE, AND PROVIDING FOR FEES
AND PROHIBITING THE USE OF PUBLIC RIGHTS OF WAY OR PUBLIC PROPERTY
FOR CERTAIN J-.(-7TIVITI S_
The C. Cou
vSF.., t. "_e,Jj JLea :L...., v., Lvi■ULi5:
Section 1. Definitions
1) A "transient merchant" is any person whose business in the City
is temporary or seasonal and consists of selling and delivering
merchandise within the City, and who in furtherance of such purpose
uses or occupies any structure, vehicle, or other place for the
exhibition and sale of such merchandise, either priv. ely-or at
public auction; provided, however, that a transient merchant shall
not be construed to mean any person who while occupying such temporary
location, exhibits only samples for the purpose of securing orders
for future delivery only. The person so engaged shall not be relieved
from complying with the provisions of this Chapter merely by reason
of temporarily associating with or conducting such transient business
in connection with a local businessman.
2) A "Peddler" is any person traveling from place to place and /or
house to house who carries his merchandise with him, offering and
exposing the same for sale, and making deliveries to purchasers,
or any person who, without traveling from place to place, shall sell
or offer merchandise for sale from a vehicle or conveyance;
3) A "canvasser" or "solicitor" is any person traveling from place
to place and /or house to house who takes orders for the future
delivery of merchandise or for services to be performed - -in the future,
whether or not such person exposes a sample or collects advance
payments on such sales; provided, however, that such definition
shall also include any .person who occupies any temporary structure,
vehicle or other place for the primary purpose of exhibiting samples
and taking orders for future delivery.
Section 2. License Required
A license shall be required for any transient merchant, peddler,
canvasser, or solicitor to operate in the City. The license period
will be six (6) months.
Section 3. Exclusions
No person shall be required to obtain a license in the following
instances:
A) Occupations licensed and /or bonded pursuant to state law.
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B) A solicitor or canvasser doing business by appointment.
C) A solicitor or canvasser taking orders for the future
door -to -door delivery of newspapers.
D) Salesmen selling goods to retail or wholesale stores or
to professional or industrial establishments.
E) The conduct of "garage sales" or "rummage sales ".
F) No licenses shall be required for vendors as a preliminary
step to the establishment of a regular route service for the
slae and delivery of such commodities or the providing of
such services to regular customers.
G) School children selling items for fundraisers.
Section 4. Religious and Charitable Organizations
Any organization, society, association or corporation desiring to
solicit or have solicited in its name money, donations of money
or property or financial assistance of any kind or desiring to sell
or distribute any item of literature or merchandise for which a
fee is charged or solicited from persons other than members of such
organizations upon the streets, in office or business buildings, by
house to house canvass or in public places for a ch2lritable,
religious, patriotic, philanthropic or otherwise non - profit purpose
shall be exempt from Section 5 of this ordinance, provided a sworn
application in writing on a form furnished by the city is filed which
shall include the following information:
A) Name and purpose of the cause for which the license is sought.
B) Names and addresses of the officers and /or directors of the
organization.
C) The period during which the solicitation is to be carried on_
D) Whether or not any commission, fee, wages or emoluments are
to be expended in connection with such solicitation.
Upon the foregoing being satisfied, such organization, association
or corporation shall furnish all its members, agents or representatives
conducting the'solicitation credentials in writing stating the name
of the organization, name of the agent, and the purpose of the
solicitation. Such credentials shall be kept on the person of the
members, agents or representatives during the actual solicitation
and be presented to anyone requesting to see same.
Section 5. Application
In addition to such information as the City Clerk may require, the
application shall also include:
A) Name and description of the applicant.
B) Permanent home address and full local address of the applicant.
C) A brief written description of the nature of the business, the
goods to be sold, and the applicant's method of operation.
D) If employed, the name and address of the employer, together with
credentials establishing the exact relationship.
E) The length of time which the applicant intends to do business in
the city, with the approximate dates.
F) The place where the goods or property proposed to be sold, or
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order taken for the sale thereof, are manufactured or produced,
where such goods or products are located at .the time said
G)
application is filed, and the proposed method of delivery.
A photograph of the applicant, taken within 60 days immediately
prior to the date of filing of the application, which picture
shall be two (2) inches by two (2) inches showing the head and
shoulders of the applicant in a clear and distinguishing manner.
H) A statement as to whether or not the applicant or the person
managing the business has been convicted of any crime, misdemeanor
or violation of any municipal ordinance, involving activities
licensed under this Chapter, the nature of the offense and the
punishment or penalty assessed therefore.
I) If a vehicle is to be used, a description of the same together
with license number or other means of identification.
3) A statement of the nature, character, and quality of the goods,
wares, or merchandise to be sold or offered for sale by applicant,
the invoice value and quality of such goods, wares, and merchan-
dise, whether the same are proposed to be sold from stock in
possession or by sample, at auction, by direct sale, or by taking
orders for future delivery.
K) A brief statement of the nature, character, are` content of the
advertising done or proposed to be done in order to attract
customers (samples may be requested).
L) Credentials from the person, for which the applicant proposes
to do business, authorizing the applicant to act as such represent-
ative.
M) Transient merchants shall include the addresses of all places
where the business is to be located along with written consent
of the owners or occupants.
Section 6. Prohibited Practices
No person under this ordinance shall:
A) Sell or solicit before the hour of 9 a.m. or after 9 p.m. unless
a previous appointment has been made.
B) Enter or conduct business upon any premises where a sign or
plaque is conspicuously posted stating in effect that no peddlers
or solicitors are allowed. Such signs shall have letters a
minimum of'1 /2 inch high.
C) Occupy for the purpose of advertising and /or conducting business
any area within a sight triangle, at any road intersection.
D) Occupy as a transient merchant, solicitor or peddler, any public
right of way or other public property for the purpose of adver-
tising and /or conducting business.
Section 7. License Fees
Fees for licenses shall be as set from time to time by City Council
resolution.
Section 8. Penalties
Whoever does any act forbidden by this ordinance or omits or fails
to do any act required by this ordinance shall be guilty of a mis-
demeanor and subject to all penalties provided for under Minnesota
law.
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Section 9. EFFECTIVE DATE
This ordinance shall take effect and be in force upon its passage and
publication as required by law.
Adopted by the City Council of the City of Lino Lakes this
day of
, 1988.
City of Lino Lakes
ATTEST:
Mari yn \Anderson - City Clerk
Benjami G. Benson - Mayor
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