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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 PAGE 1 1 1 1 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. PAGE 2 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 PAGE 3 1 1 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 PAGE 4 141 142 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. 1 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. 1 PAGE 6 143 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 PAGE 7 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 1 1 1 1 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. PAGE 8 145 146: 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 PAGE 9 1 1 1 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 PAGE 10 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. PAGE 11 1 1 1 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. PAGE 12 149 1 s L O8NCIL MEETING JANUARY 9, 1989 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. 1 1 1 155 • r 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 56 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. 1 1 1 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 57