HomeMy WebLinkAboutCC MINUTES 04262011I CITY OF ST. ANTHONY
2 CITY COUNCIL REGULAR MEETING MINUTES
3 APRIL 26, 2011
4
5 CALL TO ORDER
6
7 Mayor Faust called the meeting to order at 7:00 p.m.
8
9 PLEDGE OF ALLEGIANCE.
10
11 Mayor Faust invited the Council and audience to join him in the Pledge of Allegiance.
12
13 ROLL CALL.
14
15 Present: Mayor Faust; Councilmembers Gray, Jenson, and Stille.
16 Absent: Councilmember Roth.
17 Also Present: City Manager Mike Momson, Finance Director Roger Larson, and City Attorney
18 Jerome Gilligan.
19
20
21 CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING
22 ITEMS.
23
24 1. APPROVAL OF APRIL 26, 2011 CITY COUNCIL MEETING AGENDA.
25
26 Motion by Councilmember Stille, seconded by Councilmember Gray, to approve the City
27 Council Meeting Agenda of April 26, 2011.
28
29 Motion carried 4 -0.
30
31 H. PROCLAMATIONS AND RECOGNITIONS.
32
33 None.
34
35 111. CONSENT AGENDA.
36
37 A. Consider April 12, 2011 Council meeting minutes-,
38 B. Consider licenses and permits;
39 C. Consider payment of claims,
40 D. Consider Resolution 11 -029: Accenting a Donation to the St Anthony Police
41 Department's Crime Prevention Program from Residential Mortgage Group on behalf of
42 Richard Larsen and Lucy Blake- Larsen; and
43 E. Consider Resolution 11 -030; Accepting a Grant from the Federal Emergency
44 Manaeement Agency in the amount of $17,795 for Replacement of the Warning Siren.
45
46 Motion by Councilmember Gray, seconded by Councilmember Jenson, to approve the Consent
47 Agenda items.
48
49 Motion carried 4 -0.
City Council Regular Meeting Minutes
April 26, 2011
Page 2
IV. PUBLIC HEARING.
A. 2012 Budget. Mike Mornson, City Manager, and Roger Larson, Finance Director.
presenting.
7 Mayor Faust opened the public hearing at 7:05 p.m.
8
9 City Manager Morrison stated that the public hearing is intended to obtain preliminary input as
10 the City enters the 2012 budgeting process. He presented an overview of the 2011 general
11 operating budget, the General Fund levy for 2011, and General Fund revenues and expenditures
12 for 2011. He stated that 54% of the City's revenues come from the tax levy and noted that
13 General Fund expenditures have remained consistent over the past ten years.
14
15 Mayor Faust pointed out that the City does not receive Local Government Aid (LGA). He stated
16 that while the General Fund levy has remained at 0% for the past several years, the City will
17 need to review the way it provides services to the community and whether it can sustain a 0%
18 increase in the tax levy for 2012.
19
20 No speakers were present. Mayor Faust closed the public hearing at 7:11 p.m.
21
22 V. REPORTS FROM COMMISSION AND STAFF.
23
24 None.
25
26 VI. GENERAL BUSINESS OF COUNCIL.
27
28 A. Ordinance 2011 -01: Amending the Tobacco Ordinance. Mike Mornson, City Manager,
29 presenting.
30
31 City Manager Morrison stated that this represents the Third and Final Reading of the proposed
32 amendments to the tobacco ordinance and presented the staff report, legal opinion from counsel,
33 list of current tobacco license holders, and proposed revisions to the ordinance.
34
35 Mr. Eric Brever, attorney for Flamezz Hookah, appeared before the City Council and reiterated
36 his client's objection to the proposed amendments. He stated the concept that somehow the
37 City's moratorium on June 22, 2010, provided his clients with notice that they should not have
— 38 spent funds on the renovation is misleading. He stated that in order to qualify for a completed
39 license application, his clients had to spend the money up front and put $180,000 into the
40 renovation last year, well before the moratorium was put in place; as a result, it is misleading to
41 state that his clients should not have spent that money. He also addressed the double standard
42 argument and stated he and his clients are struggling as to what it means to have that double
43 standard. He indicated that the minutes from the last Council meeting include a discussion
44 regarding current licensees. He referenced § 144.4167, subd. 4, which requires in order for
45 sampling to occur in a tobacco shop, the tobacco shop must have 90% of its gross revenue from
46 tobacco sales, which would disqualify all other licensees in the City other than Flamezz and
City Council Regular Meeting Minutes
April 26, 2011
Page 3
1 Moonlight. He stated that this might put Wal -Mart or Cub at a disadvantage but it does not have
2 an effect on them because they are not eligible per the terms of this Statute. He stated that it
3 seems odd to protect those businesses against the competitive business practices of a local
4 business. He stated that there is no double standard and the ordinance is a problem. He disputed
5 the City Council's authority to pass the ordinance and the City Council is relying on § 144.417 to
6 enact a local ordinance to enforce the tobacco ordinance; however, it neglects the plain language
7 of § 144.4167 which does not prohibit the lighting of tobacco products by a customer or potential
8 customer. He reiterated that the City Council does not have authority to enact the ordinance as it
9 is. He stated that he has received calls from residents and the vast majority of them indicated
10 that the City Council is overreaching, and he and his clients agree. He requested that the City
I 1 Council reconsider its approach and look at it in a manner of applying the ordinance only to new
12 licensees. He stated that the City required his client to spend a lot of money, per City Code, to
13 put forth a ventilation system that is top notch and the City now seeks to change the ordinance to
14 try to trump State Statute. He stated that he and his client have suggested a fair compromise and
15 his clients will drop their objection if the ordinance is limited to new licensees only. He
16 concluded his remarks by advising the City that his clients have no other option than to fight this
17 should the City Council continue on its current course of action.
18
19 Mr. Saeed Kiblawi, owner of Flamezz Hookah, appeared before the City Council and reiterated
20 Mr. Brever's statement that other licensees in the City cannot meet the 90% of gross revenue
21 requirement. He stated that he felt the double standard applied to him because the City required
22 him to remodel his space but now says he cannot operate his current business.
23
24 Mr. Bilal Haidari, 3937 Silver Lake Road, appeared before the City Council and stated that he
25 encouraged Mr. Kiblawi to start his business in St. Anthony. He indicated that from day one,
26 Mr. Mblawi has been up -front with the City about his tobacco store and the sampling, and the
27 City told him what would be required to open his business. He stated that the City wants to
28 change things after Mr. Kiblawi has spent that much money to build his future and make a decent
29 living, and he did not feel it was fair to take this from him. He stated that if the City felt that the
30 sampling was not acceptable, that should have been made clear from day one and the City should
31 have been up -front with him. He asked that the City Council be fair.
32
33 Councilmember Stille stated that the City Council has been struggling with this debate and the
34 City's moratorium over the past year. He indicated that the Statute says that people/businesses
35 can have tobacco shops and can light products for the specific purpose of sampling tobacco
36 products. He questioned how you compare sampling for other establishments to the sampling
37 taking place here. He advised that the City is not shutting down the business or forcing it to
38 close, and tobacco products can continue to be sold, but the practice of sampling prior to
39 purchase will not be allowed. He added that the City is removing the sampling because of
40 ambiguity in the statute.
41
42 Councilmember Gray agreed and stated if sampling were used in the context of a bar and it was
43 okay to sample beer in the event a customer wanted to purchase the beer, would that mean that
44 people would be allowed to hang around and drink beer there? He questioned whether that was
45 sampling. He stated it appears that people hang out at Flamezz Hookah and smoke, so then the
46 sampling is broadened to include hanging out there and smoking and not to see if the people
City Council Regular Meeting Minutes
April 26, 2011
Page 4
1 want to buy that tobacco product. He stated that the legislative intent is unclear to him as it
2 relates to sampling, but in this case, he felt that sampling meant people come in to buy the
3 tobacco and smoke it and hang out, and that does not represent sampling in his mind.
5 Councilmember Jenson reiterated his belief that with 11 businesses in the City that can sell
6 tobacco products, the City has created a discrepancy with those that can purchase, sell, and
7 consume on site, and the City has a responsibility to address that discrepancy so as not to create a
8 double standard in the City.
9
10 Councilmember Stille stated that the City does not proceed lightly in situations like this and has
11 relied on the opinion of legal counsel.
12
13 Mayor Faust questioned the $180,000 investment by Flamezz and why it would spend a
14 significant amount of money on the ventilation system given the fact that on the same night that
15 the City entered into a moratorium, it had to legally grant this tobacco license under the City
16 Council's Consent Agenda. He stated that he requested information from City staff regarding
17 the value of the permit for this property and the records indicate a value of $30,850, which is
18 significantly less than the $180,000 claimed by Flamezz. He indicated that the City Council's
19 intent is to find what is best for the City overall and to rely on legal counsel. He noted that if the
20 ordinance is adopted this evening, the ordinance will go into effect May 4`h.
21
22 City Attorney Gilligan advised that the statute provides that nothing in Minnesota Statutes
23 Sections 144.414 to 144.417 prohibits the City from enacting and enforcing more stringent
24 measures to protect individuals from secondhand smoke.
25
26 Motion by Councilmember Gray, seconded by Councilmember Jenson, to approve the Final
27 Reading of Ordinance 2011 -01; Amending the Tobacco Ordinance.
28
29 Motion carried 4 -0.
30
31 B. Ordinance 2011 -02; Terminating the Moratorium on the issuance of licenses for pipe and
32 tobacco shops Mike Mornson City Manager, presenting (first reading.
33
34 Motion by Councilmember Stille, seconded by Councilmember Gray, to approve the First
35 Reading of Ordinance 2011 -02; Terminating the Moratorium on the issuance of licenses for pipe
36 and tobacco shops.
37
38 Motion carried 4 -0.
39
40 C. Resolution 11 -031; Supporting Transportation Funding_
41
42 Mayor Faust recited the Resolution Supporting Transportation Funding, supported by the
43 Regional Council of Mayors, a non - partisan body which supports Minnesota's continued public
44 transit funding including planned light rail and commuter rails. He stated that the resolution
45 encourages higher priority for public transit utilizing the monies dedicated for transit in the 11
46 county metro area.
City Council Regular Meeting Minutes
April 26, 2011
Page 5
2 Motion by Mayor Faust, seconded by Councilmember Gray, to approve Resolution 11 -031;
3 Supporting Transportation Funding.
4
5 Motion carried 4 -0.
6
7 VII. REPORTS FROM CITY MANAGER AND COUNCIL MEMBERS.
9 City Manager Momson reported on the following:
10 • City Council meeting May 10, 2011, will include recognition of Mrs. Wyatt's 2nd grade
11 Junior Achievement class as well as a public hearing on the City's storm water pollution
12 plan.
13 • City-wide clean-up day is Saturday, May 7, from 9:00 a.m. to 12:00 noon.
14 • The "Village Notes" publication contained incorrect dates for clean-up day pick -up. The
15 correct dates are May 4, 5, and 6, and residents can contact the Public Works department
16 at 612 - 782 -3314 to request a pick -up.
17 • The Emerald Park building has been nominated for a merit award from the Minnesota
18 Architect's Association.
19 • Finance Department employee Brenda Frechette has taken a position with the City of
20 Wyoming. Staff is working to replace her position, which handles payroll and liquor
21 receivables.
22
23 Councilmember Jenson reported on his attendance at the April 14 League Metro Cities annual
24 meeting and the April 21 St. Anthony Chamber of Commerce annual meeting.
25
26 Councilmember Stille reported on his attendance at the April 14 League Metro Cities annual
27 meeting.
28
29 Councilmember Gray: No report.
30
31 Mayor Faust reported on the following:
32 • April 14, 2011 League Metro Cities annual meeting.
33 • April 21, 2011 St. Anthony Chamber of Commerce annual meeting.
34 • Mr. Bill Sauer has been named "Villager of the Year" and Foster & Brever has been
35 named "Outstanding Business of the Year."
36 • April 16, 2011 winetasting event at the municipal liquor store. A discussion was held
37 with a State Representative regarding the potential legislation regulating Sunday liquor
38 sales and grocery store sales.
39
40 VIII. COMMUNITY FORUM.
41
42 Mayor Faust invited residents to come forward at this time and address the Council on items that
43 are not on the regular agenda.
44
45 Hearing none, Mayor Faust moved forward with the agenda.
46
City Council Regular Meeting Minutes
April 26, 2011
Page 6
1 IX. INFORMATION AND ANNOUNCEMENTS.
2
Councilmember Gray stated that a complaint was received after the last City Council meeting
about the sound quality. He encouraged residents to contact the City if they experience any
continued sound problems.
7 Mayor Faust announced that the St. Anthony Village High School Knowledge Bowl team won
8 the State Championship again this year. He congratulated the Knowledge Bowl team for their
9 hard work, including Christa Ludwig, Dan Loyas, Ben Slye, Jacob Jones, and Anna Kuure-
10 Kinsey, as well as their advisor, Michael Pristash.
11
12 X. ADJOURNMENT.
13
14 Mayor Faust adjourned the meeting at 7:50 p.m.
15
16 Respectfully submitted,
17 Barbara Hughes
18 TimeSaver Off Site Secretarial, Inc.
19
20
21 Mayor
22 ATTEST: C- m
23 City Clerk