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CITY OF ST. ANTHONY
CITY COUNCIL REGULAR MEETING MINUTES
APRIL 12, 2011
CALL TO ORDER
Mayor Faust called the meeting to order at 7:00 p.m.
PLEDGE OF ALLEGIANCE.
Mayor Faust invited the Council and audience to join him in the Pledge of Allegiance.
ROLL CALL.
Present: Mayor Faust; Councilmembers Gray, Jenson, Roth, and Stille.
Absent: None.
Also Present: City Manager Mike Morrison and City Attorney Jerome Gilligan.
CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING
ITEMS.
I. APPROVAL OF APRIL 12, 2011 CITY COUNCIL MEETING AGENDA.
Motion by Councilmember Gray, seconded by Councilmember Jenson, to approve the City
Council Meeting Agenda of April 12, 2011.
Motion carried unanimously,
II. PROCLAMATIONS AND RECOGNITIONS.
None.
III. CONSENT AGENDA.
A. Consider March 22, 2011 Council meeting minutes;
B. Consider licenses and permits; and
C. Consider payment of claims.
Motion by Councilmember Stille, seconded by Councilmember Roth, to approve the Consent
Agenda items.
IV. PUBLIC HEARING.
None.
V. REPORTS FROM
AND STAFF.
Motion carried unanimously,
City Council Regular Meeting Minutes
April 12, 2011
Page 2
2 None.
4 VI. GENERAL BUSINESS OF COUNCIL.
A. Ordinance 2011 -01; Amending the Tobacco Ordinance. Mike Morrison, City Manager,
nresentine.
9 City Manager Morrison advised that this represents the Second Reading of the proposed
10 amendments to the tobacco ordinance and presented the staff report, legal opinion from counsel,
11 list of current tobacco license holders, and proposed revisions to the ordinance. He noted that the
12 only change made to the ordinance from the First Reading is contained in § 111.057, removing
13 the section title "Specific Operational Standards" and replacing it with "Smoking Prohibited,"
14 and the paragraph under this section now reads "It shall be unlawful for the lighting, i"haletien
15 inhaling, exhaling or combination thereof of tobacco, tobacco products, or tobacco related
16 devices by any person for the purpose of testing or sampling a tobacco product prior to the sale
17 of such product."
18
19 Mr. Saeed Kablawi, owner of Flamezz Hookah, appeared before the City Council and stated his
20 disagreement with the proposed amendments. He indicated he has been conducting his business
21 since August of last year in a responsible, respectable fashion that serves to bring cultural change
22 in a diverse business, and he has been providing seven or eight jobs in the City. He expressed
23 concern that the proposed amendments will set a bad example for people wanting to invest or
24 open a business in the City, resulting in loss of tax revenue for the City. He stated that when he
25 opened his business, he did everything asked of him by the City, including the ventilation system
26 which cost him a lot of money. He requested that the City grandfather his business in as it
27 relates to this ordinance. He added that if the proposed amendment is passed, he is willing to
28 pursue legal recourse. He then recited a paragraph from a recent "Village Notes" publication
29 referencing the need for all of us to hear other points of view and to have a civil discussion.
30
31 Mr. Eric Brever, attorney Flamezz Hookah, appeared before the City Council and renewed his
32 objection to the proposed ordinance amendments. He requested that the City Council reconsider
33 the issue and apply the amendments to only new tobacco licensees. He stated that Mr. Kablawi
34 has put forth a lot of money in his business and his client is concerned that the amendments will
35 put him in a position to fight this politically and as a legal matter. He advised the City Council
36 that his client is considering pursuing legal action.
37
38 Ms. Rosalie Hall, 3815 Stinson Boulevard, appeared before the City Council and stated that her
39 apartment building is located across the street from Flamezz Hookah. She indicated that last fall,
40 there was a lot of noise as well as a fight in the parking lot and she contacted the Police
41 Department. She expressed concern that residents in her building are not able to have their
42 windows open at night because of yelling and noise coming from the business. She stated that
43 the Police hung a curfew sign but that has not helped. She indicated that the people coming out
44 of the business are loud, obnoxious, and the residents in her building should not have to listen to
45 that. She then presented a handwritten letter from several residents in her apartment building for
46 placement into the record.
City Council Regular Meeting Minutes
April 12, 2011
Page 3
Mr. Glen Bona, 4451 Benjamin St, Columbia Heights, appeared before the City Council and
stated that he has not experienced any noise coming from the business and he likes having the
hookah there. He indicated that there is a sign posted in the business asking people to be quiet
and Mr. Kablawi is aware of the issue and wants to address the problem. He added that he
would prefer to see this business rather than seeing the space sit empty.
8 Mr. Yamen Haidani, 3937 Silver Lake Road, St. Anthony, appeared before the City Council and
9 stated that Flamezz operates a clean environment inside and out and he enjoys going to the
10 business because it provides an opportunity to meet people from different ethnic backgrounds.
11 He stated that he would like to see this business stay open and requested that the City make the
12 decision to grandfather this licensee in. He added that he would rather see taxpayer money spent
13 on problem businesses versus spending money on lawyers.
14
15 Mr. Firas Kablawi, 672 Marble Street, Vadnais Heights, appeared before the City Council and
16 stated that he feels Flamezz provides an opportunity to meet people from different backgrounds
17 and different schools of thought. He requested that the City Council keep this business open.
18
19 Mr. Michael Bird, 3416 Edward Street, St. Anthony, appeared before the City Council and stated
20 that he recently read an article about this issue and the article came across like the City Council
21 is regulating indoor smoking. He indicated that he did not think that was something the City
22 Council should be spending time on and requested that any problems or complaints associated
23 with the business be addressed through other means.
24
25 Mr. Nick Alexander, 3762 Brighton Way, Arden Hills, appeared before the City Council and
26 stated that Flamezz is a cultural hub for people of different ethnicities to come together. He
27 indicated he has frequented the business a lot and felt it was usually quiet with people playing
28 cards or discussing politics. He stated that he felt a bar would cause more of a disturbance than a
29 hookah lounge. He requested that the City grandfather this business in.
30
31 Mayor Faust expressed the City Council's thanks to all the speakers. He stated that the City
32 Council has to decide what is best for the entire community and it is important to hear all sides of
33 the issue.
34
35 City Attorney Gilligan requested that the City Council amend § 111.057 to read "It shall be
36 unlawful for the lighting, inhaling, exhaling or combination thereof of tobacco, tobacco products,
37 or tobacco related devices by any person fef the puTese of tenting sampling n 4..baeeo pre& 4
38 prior to the sale of sueh predoet in any retail establishment." He advised that this revision
39 represents the change adopted by the City Council at its First Reading.
40
41 Councilmember Gray stated that it was important for the City Council to differentiate its
42 opposition to smoking in a business vis -A -vis any noise issues associated with this business. He
43 indicated that the City has several tobacco license holders and expressed concern that if one of
44 these license holders decided to open up part of its store for the sampling of tobacco, the City
45 would be forced to allow it under the current ordinance, which he does not want to see happen.
City Council Regular Meeting Minutes
April 12, 2011
Page 4
1 He reiterated that any noise issues are separate and not being addressed as part of the ordinance
2 amendments.
4 Councilmember Stille stated that it was important for the public to know that this ordinance
5 amendment is not about putting anyone out of business but rather is about leveling the playing
6 field to any business that sells tobacco so that the City does not have businesses operating under
7 different sets of rules. He noted that the socialization that occurs at this business can still occur.
9 Councilmember Jenson stated that the City currently has 11 businesses that can sell tobacco
10 products, with two businesses that can consume on -site and nine businesses that cannot, which
11 has resulted in a double standard. He indicated that there is a flaw in the current ordinance and
12 the proposed amendment is intended to correct the double standard that currently exists.
13
14 Councilmember Roth asked if the City has received a lot of noise complaints at this location
15 compared to other businesses.
16
17 Mayor Faust reminded the City Council that any noise complaints are handled under the City's
18 noise ordinance and should not enter into the City Council's decision - making process related to
19 the tobacco ordinance.
20
21 Councilmember Roth indicated that he was struggling with the word "sampling" because he felt
22 sampling means consumption. He felt it was only fair that the 11 tobacco licensees in the City
23 play by the same rules on a level playing field, and changing the tobacco ordinance will
24 accomplish that.
25
26 Mayor Faust stated the reason for the moratorium was because the City Council did not feel there
27 was a level playing field for all tobacco licensees. He advised that the City Council is not
28 shutting down any businesses; rather, it is stopping the sampling of tobacco.
29
30 Motion by Councilmember Stille, seconded by Councilmember Jenson, to approve the Second
31 Reading of Ordinance 2011 -01; Relating to Regulation of Tobacco Sales, Amending Section 111
32 of the St. Anthony City Code, with the amendment to § 111.057 as discussed earlier.
33
34 Councilmember Roth asked if the City had received any calls or letters regarding the ordinance
35 amendment other than what was presented this evening.
36
37 City Manager Momson replied that two telephone calls were received supporting the ordinance
38 amendment.
39
40 Motion carried unanimously.
41
42 B. Quarterly Goals Update. Mike Momson. City Manager, presenting.
43
44 Mr. Morrison presented the first quarter goals update and reported the following:
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City Council Regular Meeting Minutes
April 12, 2011
Page 5
• Implement phosphorous reduction with grant: The City received an extension to 2012
from Rice Creek Watershed District for a grant to assist with clean-up of Salo Pond.
• Become a GreenStep City: Work has begun on the initiative following approval of the
City Council resolution.
• Complete 2011 street, utility and sidewalk project: The 2011 street project is underway
with CenterPoint performing work in preparation for the City's road crew.
• Veteran's Memorial: The Memorial has support from the City Council along with the
local Chamber and Kiwanis.
• Meet with Community Services — learn issues, see how the City can help: Meeting held
with Wendy Webster.
• Tenant Use Liability Insurance Program — TULIP: Meeting held with Wendy Webster.
• Sustainable house remodel project and foster housing rehabilitation & reinvestment
programs: The contract with GMHC was renewed. Staff from GMHC will work with
Community Services on two programs this spring regarding home renovation.
• Phase III Silver Lake Village: Resolution passed supporting Dominion's funding request.
• Identification badges /city hall security: New ID badges for all department heads and the
City Council were prepared.
• City Council security review: Training was received from the Police Department.
• Cooperative ventures with other governments and entities: Meeting held with Columbia
Heights and Fridley Fire Departments to discuss joint purchasing. Several projects are
also planned for the second quarter.
Councilmember Stille requested that staff provide further information to the City Council during
a worksession regarding the new "SAV" signs planned for secondary City accesses.
VII. REPORTS FROM CITY MANAGER AND COUNCIL MEMBERS.
Councilmember Gray: No report.
Councilmember Jenson reported on his attendance at the April 4 worksession and the April 7
Community Services meeting.
Councilmember Roth reported on his attendance at the April 4 worksession and the April 7
meeting of the North Suburban Cable Commission. He stated that the build -out of the Cable
Commission's office is on schedule for completion in mid -June. He expressed his thanks to Ms.
Moore Sykes for volunteering to participate in a Human Resources workgroup for the North
Suburban Cable Commission to review the Cable Commission's human resources and personnel
guidelines. He also expressed his thanks to City staff for hosting the meeting. He advised that a
Cable Commission work group has been established to create a strategic plan for the cable access
corporation and cable commission to make sure that technology stays relevant in an ever -
changing environment and to ensure that cable access channels continue to provide access to
quality broadcasts. He agreed to provide updates to the Council on this topic.
Councilmember Stille reported on his attendance at the April 4 worksession.
Mayor Faust reported on the following:
City Council Regular Meeting Minutes
April 12, 2011
Page 6
1 • March 24, 2011 joint meeting of cities and townships at the State Capitol
2 • March 24, 2011 meeting with Sen. Marty and other elected officials
3 • April 4, 2011 worksession
4 • Participation on the Regional Council of Mayors and the article in today's paper
5 regarding Mayor Coleman's and Mayor Rybak's trip to Washington, D.C. to discuss
6 ongoing initiatives in Minnesota to improve the economy.
7 • City of Minneapolis project intended to streamline the permitting process, including a
8 survey by the Minneapolis Chamber of Commerce.
9 • April 7, 2011 task force meeting regarding future Minnesota League cities project.
10
11 City Manager Mornson reported on the following:
12 • 2011 street project anticipated to begin May 2 "a; CenterPoint currently performing gas
13 meter replacement. All homeowners should have received a flyer regarding the work and
14 where to call with questions.
15 • Presentation of diplomas to Junior Achievement students at the May 10, 2011 City
16 Council meeting.
17 • Sensible Land Use Coalition email regarding great streets and the role that streets can
18 play in building more attractive neighborhoods. Silver Lake Road is being used as a
19 model by this organization along with two other streets in the metro area.
20
21 VIII. COMMUNITY FORUM.
22
23 Mayor Faust invited residents to come forward at this time and address the Council on items that
24 are not on the regular agenda.
25
26 Mr. Jerry Hromatka, President and CEO of Northwest Youth and Family Services, extended an
27 invitation to the leadership lunch/f indraiser on Tuesday, May 3'd, at Midland Hills at 11:30 a.m.
28 Matt Kramer, St. Paul Chamber of Commerce President, will be the keynote speaker.
29 Information is available online at www.nyfs.org or by calling 651- 379 -3422.
30
31 IX. INFORMATION AND ANNOUNCEMENTS.
32
33 Mayor Faust stated that the newsletter went out last week and commended the City Manager on
34 the report to the public regarding goals.
35
36 X. ADJOURNMENT.
37
38 Mayor Faust adjourned the meeting at 7:58 p.m.
39
40 Respectfully submitted,
41 Barbara Hughes c
42 Timesaver Off Site Secretarial, Inc.
43
44 Mayor
45 ATTEST: U �.
46 City Clerk