Posted: 12/11/02

FL Council OK's tobacco licenses

Jessica Foster
Staff Writer

The Forest Lake City Council approved three tobacco licenses Monday night, but only one drew controversy. A tobacco license which paves the way for Intimate Treasures to expand its business at 110 N. Lake St. in the Forest Lake Theatre building was approved by the council.

The application for the license came from Dennis G. Buchanan II, Maple Grove.

Previously, city staff had turned down the storeís expansion efforts. There is a moratorium on adult businesses in the city and the city claimed it was an expansion of a non-conforming use.

Randall D.B. Tigue, who represents several adult-use businesses in Minnesota, brought a lawsuit to the contrary.

City Attorney Dave Hebert and James J. Thompson, an attorney also representing the city explored the case but said the city didnít have a leg to stand on.

ìWe didnít feel we were going to win,î Hebert said.

Councilman Terry Smith, in his second to last meeting on the council, debated whether or not the store was an appropriate place to sell cigarettes.

ìI do think the city has some type of say in what type of store we sell cigarettes,î Smith said. ìI think it (Intimate Treasures) fits in a category that is not common to the sale of tobacco products. Iím not in favor of it for those reasons.î

However, City Attorney Dave Hebert said tobacco is a permitted use in this category of business and there is no limit on how many tobacco licenses the council can approve.

ìYouíre almost required to grant it,î Hebert said.

The other licenses approved were for Gas Plus More, the new name for Indian Joes, 20 South Lake St., which is under new ownership and The Lobster Shop on TH-97.

There are more than 30 businesses in the city of Forest Lake which sell tobacco products. The license costs $250 and new licenses pay a $50 investigation fee.

Zoning

Jon Whitcomb, on behalf of landowners Steve and Christine Sadowski, came before the council for a comprehensive land use plan amendment and rezoning.

Whitcomb, a developer, was requesting a zoning change from commercial use to residential use and a change to comprehensive plan. The land is located east of Evergreen Ridge, north of the State of Minnesota DOT facility, west of Everton Avenue North and is made up of two parcelsóone is 20 acres and the other is five acres.

Whitcomb came to the city two years ago and asked the property, then eyed as residential, be annexed to the city and rezoned to commercial. With the land not selling, he said he is planning a townhome development, Village at Evergreen Ridge, consisting of about 200 townhouses.

ìAfter three plus years of work weíre looking back with the idea of a good plan,î Whitcomb said. ìWeíd like to see the property developed. We really want this thing in the ground by summer.î

Councilman Bruce Carlson questioned favorability of the project.

ìI donít see how everyone is going to get real excited about accepting 200 townhomes,î he said. ìI donít think itís going to fly.î

After some debate, the city council approved the comprehensive plan amendment, but tabled the zoning issue for the Dec. 16 meeting.

Other business

In other business, the council:

ï Appointed residents Dennis Kessler and Judy Bull to the cityís Human Rights Commission.

ï Approved payment of $118,325 to Xcel Energy for street lighting in the downtown redevelopment Phase I.

ï Granted a temporary on/off sale liquor license for Vietnam Vets 320 of America for the Hopkins Jaycees Ice Fishing Contest.

ï Approved a special event permit and Washington County Water Surface Use Payment for WSA Kids Pro-Ice to host a Kiddie Kat Snowmobile Race January 4 at Willows on the Water and January 11 on First Lake.

Meetings

The Forest Lake City Council regularly meets at 6:30 p.m. the second and fourth Monday of each month. Due to the Christmas holiday, the last meeting of the month is scheduled for Monday, Dec. 16. The first meeting of the new year, with new Councilman Rick Ashbach and Councilwoman Susan Young on board, is scheduled for 6:30 p.m. Monday, January 15.

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