HomeMy WebLinkAboutCC PACKET 09242019
If you would like to request special accommodations or alternative formats, please contact the City Clerk at 612-782-3313
or email city@savmn.com. People who are deaf or hard of hearing can contact us by using 711 Relay.
Our Mission is to be a progressive and welcoming Village that is walkable, sustainable and safe.
Call to Order.
Pledge of Allegiance.
Roll Call.
Consideration, discussion, and possible action on all of the following items:
I.Approval of the September 24, 2019, City Council Meeting Agenda. (action requested.)
II.Proclamations and Recognitions.
III.Consent Agenda.
These items are considered routine and will be enacted by one motion. There will be no separate
discussion of these items unless a Councilmember or citizen so requests, in which the item will be
removed from the Consent Agenda and placed elsewhere on the agenda.
A.Approval of September 10, 2019, City Council meeting minutes. (pp.1-7)
B.Licenses and Permits. (pp.9)
C.Claims. (pp.11-13)
IV.Public Hearing.
V.Reports from Commission and Staff.
VI.General Business of Council.
A.Resolution 19-067 a resolution approving Wine/Beer License for Hickory Hog Grill & Smokehouse
located at 3900 Silver Lake Road. Mark Casey, City Manager presenting. (pp.15-17)
B.Fire Prevention Presentation. Chris Fuller, Assistant Fire Chief/Fire Marshal presenting. (no action
requested). (pp.19-21)
C.Resolution 19–068 a resolution Authorizing Mayor and City Manager to Approve Toward Zero
Deaths Grant. Dan Diegnau, Police Lieutenant presenting. (pp.23-31)
D.Ordinance 2019-09 an Ordinance Amending Multiple Sections of Chapter 111 of the Tobacco
Ordinance to Raise the Minimum Age to Purchase to 21. (2nd of 3 readings) Mark Casey, City
Manager presenting. (pp.33-51)
VII.Reports from City Manager and Council members.
VIII.Community Forum
Individuals may address the City Council about any City business item not included on the regular agenda.
Speakers are requested to come to the podium, sign their name and address on the form at the podium, state
their name and address for the Clerk’s record, and limit their remarks to five minutes. Generally, the City
Council will not take official action on items discussed at this time, but may typically refer the matter to staff
for a future report or direct the matter to be scheduled on an upcoming agenda.
CITY OF ST. ANTHONY VILLAGE
CITY COUNCIL MEETING AGENDA
SEPTEMBER 24, 2019
7:00 p.m.
If you would like to request special accommodations or alternative formats, please contact the City Clerk at 612-782-3313
or email city@savmn.com. People who are deaf or hard of hearing can contact us by using 711 Relay.
Our Mission is to be a progressive and welcoming Village that is walkable, sustainable and safe.
IX. Information and Announcements
X. Adjournment
CITY OF ST. ANTHONY 1
CITY COUNCIL REGULAR MEETING MINUTES 2
SEPTEMBER 10, 2019 3
4
CALL TO ORDER. 5
6
Mayor Faust called the meeting to order at 7:00 p.m. 7
8
PLEDGE OF ALLEGIANCE. 9
10
Mayor Faust invited the Council and audience to join him in the Pledge of Allegiance. 11
12
ROLL CALL. 13
14
Present: Mayor Faust, Councilmembers Gray, Randle, and Stille. 15
Absent: Councilmember Jenson. 16
Also Present: City Mana ger Mark Casey, Finance Director Shelly Rueckert, City Planner Stephen 17
Grittman, and Assistant to the City Manager Charlie Yunker. 18
19
CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING 20
ITEMS. 21
22
I.APPROVAL OF SEPTEMER 10, 2019 CITY COUNCIL MEETING AGENDA. 23
24
Motion by Councilmember Gray, seconded by Councilmember Stille, to approve the City 25
Council Meeting Agenda of September 10, 2019 as presented. 26
27
Motion carried 4-0. 28
29
II.PROCLAMATIONS AND RECOGNITIONS. 30
31
A.Presentation by Tom Miller, St. Anthony Kiwanis.32
33
Linda Foster, St. Anthony Kiwanis, provided a brief presentation on the activities the St. 34
Anthony Kiwanis participated in. She discussed how the Kiwanis worked to change the world 35
one child at a time and one community at a time. She further described how her organization of 36
volunteers served the community and its youth. She encouraged residents to consider donating 37
to the St. Anthony Kiwanis on Friday, September 27th during Peanut Day to assist with 38
supporting the great work being done in the City. 39
40
B.Proclamation for St. Anthony Peanut Day, Friday, September 27, 2019.41
42
Councilmember Stille read in full a proclamation declaring Friday, September 27, 2019 as St. 43
Anthony Peanut Day. 44
45
III. CONSENT AGENDA.46
47
A.Approval of August 27, 2019 City Council Meeting Minutes.48
B.Licenses and Permits.49
1
City Council Regular Meeting Minutes
September 10, 2019
Page 2
C. Claims. 1
2
Motion by Councilmember Randle, seconded by Councilmember Gray, to approve the Consent 3
Agenda items. 4
5
Motion carried 4-0. 6
7
IV. PUBLIC HEARINGS. 8
9
A. Resolution 19-064; a Resolution Setting the Proposed 2020 Tax Levy and General 10
Operating Budget for the City of St. Anthony Village. 11
12
Mayor Faust opened the public hearing at 7:12 p.m. 13
14
Finance Director Rueckert provided a PowerPoint presentation outlining the 2020 Tax Levy and 15
General Operating Budget explaining the overall levy would be $7,609,458, which represented 16
an increase of $298,005 or a 4.08% increase from 2019. She described parameters included 17
within the 2020 proposed preliminary levy including City revenues budgeted using current run 18
rate for sources that are subject to trends and conservative baseline estimates for reoccurring 19
aides and charges for services; expenses budgeted at amounts that will maintain present level of 20
City services; and liquor transfers based on current operating results. 21
22
Finance Director Rueckert discussed the 2020 cost drivers in detail with the Council. She 23
reviewed the bonds that were issued in 2019 noting these bonds were used to assist with flood 24
mitigation along Silver Lake Road and for utilities reconstruction and sidewalks along East 25
County Road C. She commented on how the median value homeowner would be impacted by 26
the proposed tax levy. 27
28
Finance Director Rueckert provided the Council with a summary on the 2020 budget and 29
reviewed the budget calendar. It was noted the final presentation of the 2020 Budget and 30
Property Tax Levy is scheduled for the December 10, 2019 Council meeting. At that meeting, 31
staff will present a recap of the 2020 Budget and impact on the 2020 Property Tax Levy. 32
33
Councilmember Stille explained this was the Council’s sixth or seventh meeting on the budget. 34
He reported the budget was completed systematically each year. He stated he was excited about 35
the Communications Coordinator that the City would be sharing with the school. 36
37
Mayor Faust closed the public hearing at 7:31 p.m. 38
39
Motion by Councilmember Stille, seconded by Councilmember Gray, to approve Resolution 19-40
064; a Resolution Setting the Proposed 2020 Tax Levy and General Operating Budget for the 41
City of St. Anthony Village. 42
43
Motion carried 4-0. 44
45
V. REPORTS FROM COMMISSION AND STAFF. 46
2
City Council Regular Meeting Minutes
September 10, 2019
Page 3
1
A. Resolution 19-065; a Resolution to Approve Request or a Preliminary Stage PUD, 2
Constituting an Amendment to the Silver Lake Village PUD, Recommending the Silver 3
Lake Village Multi-Family Residential Project of 464 Dwelling Units at 3800 Silver Lake 4
Road. 5
6
City Planner Grittman presented the request for a Preliminary Plat Amendment to the Silver 7
Lake Village Planned Unit Development (PUD), noting the project for land use compliance was 8
reviewed with the intent and policies of the City’s Comprehensive Plan and for zoning 9
consistency with the R-4, Multiple Family Residential District as a baseline. In summary, the 10
Comprehensive Plan promotes redevelopment of the Walmart site as a major goal and includes 11
high-density multiple family residential uses of up to 40 units per acre as allowable in this area. 12
The applicant is seeking the PUD Amendment at just over 35 units per acre. 13
14
City Planner Grittman noted the proposed PUD meets the requirements of the Zoning Ordinance 15
for the majority of the baseline standards. The principal areas of flexibility under the PUD 16
include: 17
1. The proposal to have two principal buildings on a single development parcel. 18
2. Building height (code is 35 feet/3 stories); applicant proposes approximately 52 feet and 19
4 stories (5 including the exposed portion of the lower-level parking garage). 20
3. Parking supply (code requires 2 units per unit, total 928); applicant proposes 813 spaces – 21
1.75 per unit or 1.35 per bedroom. 22
4. Lot coverage/impervious surface (R-4 code limits this to 50%) applicant’s proposal is 23
approximately 75%. 24
5. Density (R-4 code limits this to approximately 24 units per acre, Comprehensive Plan 25
calls for 20-40 units per acre); applicant is proposing approximately 35 units per acre. 26
27
City Planner Grittman stated staff believes the flexibility requested under the PUD is appropriate, 28
given the objectives of the Comprehensive Plan and the related improvements and amenities 29
proposed ass part of the project. Staff reviewed the issues that were addressed by the Planning 30
Commission and recommended approval of the Preliminary Plan stage of the PUD Amendment 31
for Silver Lake Village, with a series of conditions as noted in staff’s summary that is included in 32
the meeting packet. It was noted the applicant would like to see a tradeoff between parking stalls 33
and greenspace and requested this matter be further considered prior to final plan approval. 34
35
Councilmember Stille asked if there was a walkway connection from this property to the pond 36
trail. City Planner Grittman reported a connection would be made to Salo Park and around the 37
pond. 38
39
Kelly Doran, founder of Doran Companies, thanked the Council for their time and consideration. 40
He described the work his company does throughout the metro area and discussed the project in 41
further detail. He reported the proposed housing would be high end and marketed towards empty 42
nesters. He noted the housing project would have a great deal of amenities and underground 43
parking. He stated the first building would have 240 units and the second building would have 44
224 units. Mr. Doran commented on the number of parking stalls indicating he was comfortable 45
with the parking ratio. He saw value in eliminating a number of parking stalls in order to create 46
3
City Council Regular Meeting Minutes
September 10, 2019
Page 4
additional greenspace and requested the Council take this into consideration. He then provided 1
the Council with a 3D model of the proposed housing development noting the construction 2
would take approximately 21 months to complete. 3
4
Councilmember Stille requested further information regarding the parking. Mr. Doran stated it 5
was his experience the proposed number (1.65) was a good number. 6
7
Mayor Faust opened the floor for public comment. 8
9
Jamie Voss 3417 31st Avenue, explained his family has been St. Anthony residents since 2015 10
and commented on how there was a growing need for affordable housing in the metro area. He 11
researched affordable housing on the Met Council website and was surprised to learn St. 12
Anthony had added 415 housing units since 2005 but only three were categorized as affordable. 13
He encouraged the Council to consider adding affordable housing to the community through this 14
development. 15
16
Councilmember Stille stated he was not sure where Mr. Voss had received his information. He 17
reported 20% of the units within Silver Lake Village were affordable at 50% AMI. He explained 18
The Legends development was 100% affordable and that was completed in 2010. He indicated 19
the City had completed a number of affordable housing projects in recent years and noted the 20
Council has made this a priority. 21
22
Mike Bird, 3416 Edward Street, stated he did not want more tax subsidized housing in St. 23
Anthony. He believed that affordable housing was another name for tax payer subsidized 24
housing. He explained he moved into the bottom of a 60-year-old duplex when he was a student 25
and began saving money for a house. Mr. Bird did not believe it was the government’s job to 26
subsidize housing for residents. He reported St. Anthony was one of the highest taxed 27
municipalities in the State of Minnesota and he did not want his taxes going even higher. 28
29
Lindsey Kieffaber, 3108 Wendhurst Avenue, commented on the grade changes that would occur 30
on the proposed development. She asked if additional parking could go under the amenity deck 31
in order to eliminate some of the surface parking. She encouraged Doran Companies to 32
reconsider the 20-foot retaining wall and questioned what impact the City would see tax-wise by 33
changing this property from commercial to residential. 34
35
Mayor Faust reported the property was currently valued at $14 million with a 2% tax capacity 36
and residential was at a 1% tax capacity. He indicated the value of this property would be closer 37
to $80 million or even higher after the project was completed, which would increase taxes 38
received for the City. 39
40
Mr. Doran commented on the proposed retaining wall and noted the site would have 1:1 parking 41
under the building. He explained if this ratio were to increase, the costs would become 42
misaligned and rents would have to go up. He stated the taxes being paid on this site currently 43
were $500,000 and Phase I of this development would net $1 million per year in taxes. He 44
estimated over $2 million a year in taxes would be paid once the development was complete. 45
46
4
City Council Regular Meeting Minutes
September 10, 2019
Page 5
Mayor Faust closed public comment. 1
2
Motion by Councilmember Gray, seconded by Councilmember Stille, to approve Resolution 19-3
065; a Resolution to Approve Request or a Preliminary Stage PUD, Constituting an Amendment 4
to the Silver Lake Village PUD, Recommending the Silver Lake Village Multi-Family 5
Residential Project of 464 Dwelling Units at 3800 Silver Lake Road. 6
7
Mayor Faust reported staff would be working on the parking ratio with the applicant before the 8
matter comes back to the Council for final approval. 9
10
Councilmember Stille stated the City should be excited about this project as there was 11
compatibility with the Silver Lake Village and the Landings. He reported this was a state-of-the-12
art project that would benefit St. Anthony residents. 13
14
Motion carried 4-0. 15
16
VI. GENERAL BUSINESS OF COUNCIL. 17
18
A. Ordinance 219-09; an Ordinance Amending Multiple Sections of Chapter 111 of the 19
Tobacco Ordinance to Raise the Minimum Age to Purchase to 21 (1st of 3 readings). 20
21
Assistant to the City Manager Yunker explained this is the first of three readings to Ordinance 22
219-09 which was an Ordinance amending multiple sections of Chapter 111 of the Tobacco 23
Ordinance raising the minimum age to purchase from 18 to 21. He indicated the second and 24
third readings would be held on September 24th and October 8th. If approved on October 8th the 25
Ordinance would be published and take effect after that time. He commented on how staff was 26
assisted by the Public Health Law Center and was provided guidance on the proposed changes to 27
the Tobacco Ordinance. Staff commented further on the proposed changes and recommended 28
approval of the first reading. 29
30
Gene Bird, 2509 Silver Lane, explained he has lived in St. Anthony for the past year. He 31
thanked the Council for considering raising the tobacco age to 21 and indicated he was 32
concerned about the vaping epidemic that was plaguing high school students. He commented 33
one in five high school students use e-cigarettes, which was a stunning statistic. He reported 34
tobacco use was the number one preventable cause of death in Minnesota and in the country. He 35
discussed how tobacco deaths had impacted his life. He commented on how highly addictive e-36
cigarette pods were and thanked the Council considering this Ordinance. 37
38
Ann Trench, 3429 Skycroft Circle, asked if the Council would be banning fruit and flavored 39
tobacco/vaping products from the City. She encouraged the Council to consider removing 40
flavored tobacco and vaping products from the City. She explained she had a son in high school 41
and noted vaping was occurring on bus trips, in school bathrooms, and during retreats. 42
43
Mayor Faust reported this Ordinance amendment would raise the tobacco sale age from 18 to 21. 44
He commented he was disappointed the State was not taking a stance on this issue. 45
46
5
City Council Regular Meeting Minutes
September 10, 2019
Page 6
Councilmember Randle thanked Ms. Trench for reaching out to the Council regarding this 1
matter. He stated it has been a long process, but he was pleased the Council would be changing 2
the minimum age to purchase to 21. He understood vaping was a serious issue and he supported 3
the Council approving this Ordinance. 4
5
Motion by Councilmember Randle, seconded by Councilmember Gray, to approve first reading 6
of Ordinance 2019-09; an Ordinance Amending Multiple Sections of Chapter 111 of the 7
Tobacco Ordinance to Raise the Minimum Age to Purchase to 21. 8
9
Motion carried 4-0. 10
11
B. Ordinance 2019-08; an Ordinance Amending Sections 155.03, 155.21, and 155.22 of the 12
Sign Ordinance (final reading and adoption). 13
14
City Manager Casey stated a sign request was received that raised the issue of Light Emitting 15
Diodes (LED) technology and how it is regulated in the City’s sign ordinance. Staff and the 16
Planning Commission discussed the issue briefly at May workshop and City Council workshop 17
on July 16, 2019. Currently the ordinance defines any sign using LED technology as part of a 18
Dynamic Display sign. 19
20
City Manager Casey reviewed the ordinance definition of Dynamic Display Signs, noting they 21
require a Conditional Use Permit (CUP). The purpose of the limitations within Dynamic Display 22
section of the sign ordinance and the CUP processing is to ensure these potentially distracting 23
sign technologies are limited to minimize distraction. The standards that apply to Dynamic 24
Displays are required, whether or not the sign uses LED technology, or whether the sign changes 25
copy or images. 26
27
City Manager Casey explained when this ordinance is adopted, LED technology was still 28
relatively new and its use was commonly applied to displays that appeared to imitate movement 29
or video. More recently, LED lighting technology has become the dominant method of 30
projecting most lighting, whether or not it used in stimulated video. As such, staff suggests that 31
two changes be made to the Sign regulations that allow signage that is lit, but not simul 32
33
Motion by Councilmember Gray, seconded by Councilmember Stille, to approve final reading 34
and adopt Ordinance 2019-08; an Ordinance Amending Sections 155.03, 155.21, and 155.22 of 35
the Sign Ordinance. 36
37
Motion carried 4-0. 38
39
C. Resolution 19-066; a Resolution Approving Summary Publication for Ordinance 2019-40
08. 41
42
City Manager Casey explained State Statutes allows the publication of ordinances in summary. 43
He recommended adoption as summary publication will save money for the City. 44
45
6
City Council Regular Meeting Minutes
September 10, 2019
Page 7
Motion by Councilmember Gray, seconded by Councilmember Randle, to approve Resolution 1
19-066; a Resolution Approving Summary Publication for Ordinance 2019-08. 2
3
Motion carried 4-0. 4
5
VII. REPORTS FROM CITY MANAGER AND COUNCIL MEMBERS. 6
7
City Manager Casey reported Silver Lake Road from 37th North to I-694 would receive a mill 8
and overlay. He explained this work would be completed by the end of October. 9
10
City Manage r Casey reported the next Coffee with the Council would be held on Saturday, 11
September 21st at 9:00 a.m. at City Hall in the Council Chambers. 12
13
Councilmember Gray reported he attended the North Suburban CTV meeting last Thursday. 14
15
Councilmember Randle reported on Thursday, August 29th he attended the Congressional Black 16
Caucus Welcoming Dinner. He noted Rob Evans attended this tremendous event with him. He 17
explained it was an honor and privilege for him to represent the Village of St. Anthony at this 18
event. 19
20
Mayor Faust reported on Monday, September 9th he attended a Regional Council of Mayors 21
meeting where the group received a report on the 2020 census. He encouraged all residents to be 22
counted in the upcoming census. 23
24
Mayor Faust reported he attended a Mississippi Watershed Management Organization meeting 25
today where the group passed the 2020 budget. 26
27
VIII. COMMUNITY FORUM – NONE. 28
29
IX. INFORMATION AND ANNOUNCEMENTS – NONE. 30
31
X. ADJOURNMENT. 32
33
Mayor Faust adjourned the meeting at 8:42 p.m. 34
35
Respectfully submitted, 36
Heidi Guenther 37
TimeSaver off Site Secretarial, Inc. 38
39
40
Mayor 41
ATTEST: 42
City Clerk 43
7
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8
Saint Anthony Village
DATE: September 24, 2019 Approved:
TO: Mayor and Councilmembers
FROM: License Clerk
ITEM: License and Permits for Approval:
General Contractors Licenses:
Atlantis Pools, Maple Grove, MN
Mechanical Licenses:
GV Heating & Air, Crystal, MN
K & S Heating & AC, Rochester, MN
Sedgwick Heating, Mendota Heights, MN
Rental Licenses:
Applicant: Tamela Walhof
Location: 2503 33rd Ave NE
Applicant: Jackdot LLC
Location: 3042 Old Highway 8 NE
Applicant: Hung Quan
Location: 3132 Silver Lake Rd NE
Applicant: Jacqueline Thomas
Location: 2611 Townview Ave NE
9
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10
City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 1
Check Issue Dates: 9/6/2019 - 9/25/2019 Sep 18, 2019 01:28PM
Vendor Number Payee Check Number Check Issue Date Amount
10252 CENTERPOINT ENERGY 177 09/25/2019 1,494.92
11740 XCEL ENERGY 178 09/25/2019 26,862.19
10710 ICMA RETIREMENT TRUST 38970 09/06/2019 1,156.00
11792 INTERNATIONAL UNION LOCAL #49 38971 09/06/2019 420.00
11793 LAW ENFORCEMENT LABOR SERVICES 38972 09/06/2019 816.00
10002 LOCAL UNION IAFF #3486 38973 09/06/2019 357.30
11813 NCPERS GROUP LIFE INSURANCE 38974 09/06/2019 32.00
12760 10322006 SSI MN TRANCHE (FD)38975 09/25/2019 997.51
1118 56 BREWING 38976 09/25/2019 192.00
12852 AEM FINANCIAL SOLUTIONS LLC 38977 09/25/2019 10,835.00
12853 AERIAL PAINTING INC 38978 09/25/2019 3,200.00
10039 AIRGAS USA LLC 38979 09/25/2019 57.63
1054 AMERICAN BOTTLING CO 38980 09/25/2019 210.80
1100 ARTISIAN BEER COMPANY 38981 09/25/2019 4,393.35
12180 ARVIG CONSTRUCTION 38982 09/25/2019 351.50
10146 BARTON SAND AND GRAVEL 38983 09/25/2019 715.15
10159 BEISSWENGER'S 38984 09/25/2019 64.79
1013 BELLBOY CORPORATION 38985 09/25/2019 3,247.60
1014 BELLBOY CORPORATION 38986 09/25/2019 387.95
10172 BIFFS, INC.38987 09/25/2019 342.00
2009 BLACK STACK BREWING 38988 09/25/2019 168.00
8544 BOURGET IMPORTS 38989 09/25/2019 97.75
1018 BREAKTHRU BEVERAGE MN BEER 38990 09/25/2019 19,532.25
1011 BREAKTHRU BEVERAGE MN WINE & SPIRITS 38991 09/25/2019 4,369.46
1009 BREAKTHRU BEVERAGE MN WINE & SPIRITS 38992 09/25/2019 2,597.17
1017 CAPITOL BEVERAGE SALES 38993 09/25/2019 17,894.65
10254 CENTRAL LOCK & SAFE CO 38994 09/25/2019 8.50
10263 CENTURYLINK 38995 09/25/2019 487.46
12596 CINTAS 38996 09/25/2019 1,181.09
10293 CITY OF ROSEVILLE 38997 09/25/2019 11,910.00
10306 CITY WIDE WINDOW SERVICE INC 38998 09/25/2019 85.50
1010 CLEAR RIVER BEVERAGE COMPANY 38999 09/25/2019 510.00
12318 COMMERCIAL BUSINESS FORMS 39000 09/25/2019 882.42
1042 CRYSTAL SPRINGS ICE 39001 09/25/2019 1,125.99
10373 DAILEY DATA & ASSOCIATES 39002 09/25/2019 135.00
10432 DORSEY & WHITNEY 39003 09/25/2019 6,905.48
12484 EASTWOOD, SETH 39004 09/25/2019 104.99
10526 FLEETPRIDE 39005 09/25/2019 18.41
12856 FOSS ROAD PATIO HOMES 39006 09/25/2019 3,660.27
10539 FRATTALLONE'S HARDWARE 39007 09/25/2019 3.98
1110 GENERAL INDUSTRIAL SUPPLY CO 39008 09/25/2019 42.72
10573 GOODIN COMPANY 39009 09/25/2019 29.54
10578 GOPHER STATE ONE CALL 39010 09/25/2019 374.35
1032 GRAPE BEGINNINGS, INC.39011 09/25/2019 1,329.75
1021 GREAT LAKES COCA COLA 39012 09/25/2019 457.62
10622 HARTMAN/JAY 39013 09/25/2019 249.15
2024 HEADFLYER BREWING 39014 09/25/2019 562.50
10642 HENN CNTY INFO TECH DEPT 39015 09/25/2019 4,436.30
10661 HENNEPIN COUNTY TREASURER 39016 09/25/2019 1,866.00
1019 HOHENSTEIN'S, INC 39017 09/25/2019 7,681.52
10684 HOME DEPOT CREDIT SERVICES 39018 09/25/2019 412.16
2013 INBOUND BREWCO 39019 09/25/2019 876.07
1027 INDEED BREWING COMPANY 39020 09/25/2019 1,638.47
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11
City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 2
Check Issue Dates: 9/6/2019 - 9/25/2019 Sep 18, 2019 01:28PM
Vendor Number Payee Check Number Check Issue Date Amount
10733 INSTRUMENTAL RESEARCH, INC.39021 09/25/2019 100.00
11754 INTEGRATED LOSS CONTROL, INC.39022 09/25/2019 604.00
1016 JJ TAYLOR DISTRIBUTING 39023 09/25/2019 36,423.91
1102 JOHNSON BROTHERS 39024 09/25/2019 4,632.66
1004 JOHNSON BROTHERS LIQUOR CO.39025 09/25/2019 4,532.25
1005 JOHNSON BROTHERS LIQUOR COMPANY.39026 09/25/2019 10,866.08
1006 JOHNSON BROTHERS LIQUOR COMPANY.39027 09/25/2019 6,385.29
1044 JOHNSON BROTHERS LIQUOR COMPANY.39028 09/25/2019 16,254.67
12525 KENNEDY & GRAVEN, CHARTERED 39029 09/25/2019 70.00
10797 KONICA MINOLTA BUSINESS 39030 09/25/2019 57.90
10857 LMCIT % BERKLEY ADMINISTRATORS 39031 09/25/2019 983.17
10861 LOFFLER COMPANIES - 131511 39032 09/25/2019 184.86
2010 LUPULIN BREWING 39033 09/25/2019 482.00
10882 MAMA 39034 09/25/2019 100.00
11985 MANSFIELD OIL COMPANY 39035 09/25/2019 10,312.76
10888 MARKEL/EDWARD 39036 09/25/2019 125.00
10963 MINNEAPOLIS SAW COMPANY INC 39037 09/25/2019 36.24
11024 MINNESOTA CITY COUNTY MGMT ASSOC.39038 09/25/2019 240.00
10992 MINNESOTA MUNICIPAL 39039 09/25/2019 80.00
11019 MISTER CAR WASH 39040 09/25/2019 14.99
1051 NEW FRANCE WINE COMPANY 39041 09/25/2019 844.00
12778 NORTHWEST ASSOCIATED CONSULTANTS INC 39042 09/25/2019 5,339.02
11163 OFFICE DEPOT 39043 09/25/2019 223.59
12779 OPTION ONE MECHANICAL LLC 39044 09/25/2019 236.50
11185 PACE ANALYTICAL SERVICES, INC.39045 09/25/2019 480.00
1012 PAUSTIS & SONS 39046 09/25/2019 1,275.67
1001 PHILLIPS WINE & SPIRITS 39047 09/25/2019 4,618.75
1002 PHILLIPS WINE & SPIRITS 39048 09/25/2019 3,322.90
11227 PLUNKETT'S 39049 09/25/2019 928.76
12747 PRECISE MRM LLC 39050 09/25/2019 50.00
2019 PRYES BREWING COMPANY 39051 09/25/2019 556.00
12855 RAINBOW TREECARE 39052 09/25/2019 680.00
11302 RAMSEY COUNTY 39053 09/25/2019 937.14
12670 SEESTEDT'S 39054 09/25/2019 1,231.43
12854 SHOEMAKER, ANDY 39055 09/25/2019 775.00
2018 SMALL LOT WINES 39056 09/25/2019 185.92
1024 SOUTHERN GLAZER'S OF MN 39057 09/25/2019 4,880.48
1008 SOUTHERN GLAZER'S OF MN 39058 09/25/2019 1,331.20
1026 SOUTHERN GLAZER'S OF MN 39059 09/25/2019 4,581.11
1036 SOUTHERN GLAZER'S OF MN 39060 09/25/2019 113.28
12026 SUBURBAN RATE AUTHORITY 39061 09/25/2019 452.00
11531 T A SCHIFSKY & SONS 39062 09/25/2019 58.96
2026 THE BREWING PROJEKT 39063 09/25/2019 310.00
11566 TIMESAVER OFF SITE SECRETARIAL 39064 09/25/2019 145.00
12851 TSANTIR, KOSTAS 39065 09/25/2019 232.98
11626 U.S. BANK (PURCHASING CARD)39066 09/25/2019 6,994.55
12776 USS MINNESOTA ONE MT LLC (CH)39067 09/25/2019 13,598.25
11674 VERIZON WIRELESS 39068 09/25/2019 271.83
1025 VINOCOPIA 39069 09/25/2019 980.54
11706 WATER CONSERVATION SERVICE INC 39070 09/25/2019 287.40
11933 WIMACTEL INC 39071 09/25/2019 50.00
12648 WINDSTREAM 39072 09/25/2019 218.08
1034 WINE COMPANY/THE 39073 09/25/2019 1,969.00
12
City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 3
Check Issue Dates: 9/6/2019 - 9/25/2019 Sep 18, 2019 01:28PM
Vendor Number Payee Check Number Check Issue Date Amount
1038 W INE MERCHANTS INC 39074 09/25/2019 1,250.73
11738 WSB & ASSOCIATES, INC.39075 09/25/2019 29,799.75
Grand Totals: 329,463.81
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14
REQUEST FOR COUNCIL CONSIDERATION
Meeting Date: September 24, 2019
Resolution-Approval Combination Wine/Strong Beer License for Hickory Hog, located at 3900
Silver Lake Rd.
OVERVIEW:
In front of you this evening is a resolution to approve a combination Wine/Strong Beer License for
Hickory Hog located at 3900 Silver Lake Rd.
This license in front of you this evening is for a new business opening where Smashburger used to be
located.
Staff has completed background checks, and staff is recommending approving the Wine/Strong Beer
License.
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16
CITY OF ST. ANTHONY VILLAGE
STATE OF MINNESOTA
RESOLUTION 19-067
A RESOLUTION APPROVING COMBINATION WINE/STRONG BEER LICENSE
FOR HICKORY HOG LOCATED AT 3900 SILVER LAKE RD.
WHEREAS, the applicant’s filed a completed application for a Wine/Strong Beer License
for Hickory Hog located at 3900 Silver Lake Rd. on September 9, 2019; and
WHEREAS, Staff has reviewed the application materials and completed a background
check; and
WHEREAS, Staff recommends approval of a Wine/Strong Beer License for Hickory Hog
located at 3900 Silver Lake Rd.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saint
Anthony Village hereby approves a Combination Wine/Strong Beer License for Hickory Hog
located at 3900 Silver Lake Rd.
Adopted this 24th day September, 2019.
____________________________
Jerome O. Faust, Mayor
ATTEST:____________________________
Nicole Miller, City Clerk
Reviewed for administration: ____________________________
Mark Casey, City Manager
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18
Updates
New Fire Code goes into effect 3/31/2020. 2020 MN State Fire Code
Based on 2018 International Fire Code
Staff will be trained and there are no major changes noted at this time
Public Education in Schools
Going Well. –Our goal is to visit every grade at least once through grade 5.
Also do CPR for the 7th and 9th Grades
State fire deaths to date in 2019 = 26
2018 –37 –2nd lowest since 1982 (35 in 2009)
2017 –68 –Highest total since 1995 –multiple deaths
45 year trend (1970) –steady decline from around 100 deaths a year to around 40
Careless smoking remains biggest cause of fire deaths
Home Safety Surveys
Started in 2016
By Appointment –30 to 45 minutes
Quick home safety survey –Fires, CO, Slips and Falls
Check smoke alarms for date and function
7 to 10 year life span on smoke alarms
Install up to three 10 year smoke alarms –no battery changes, end of life signal
Does not apply to rental living spaces i.e. apartments
Partnership with the American Red Cross for smoke detectors
Check CO alarm for date and function
Importance of having working CO detectors –Call at group home
File of Life Program
Program that provides crucial medical information to responders
Refrigerator magnet with updatable form inside –medications,
medical conditions, hospital, emergency contact information
Information stays in your home –we know to look for the magnet on
the fridge.
Contact Information
Interested in either a Home Safety Survey or File of Life
Call the St. Anthony Fire Station
612-782-3400
Or email
firemarshal@savmn.com
Useful Information and Fact Sheets
MN State Fire Marshal
https://dps.mn.gov/divisions/sfm
Open House
Saturday October 5th 1-4 pm
-Free Event
-Learn about fire
prevention
-Hotdogs and
S’mores
-Meet the
firefighter’s that
serve you!
Village Big Rigs
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22
Page 1 of 7
Agreement
Between the City of Saint Paul and City of St. Anthony
THIS AGREEMENT, made and entered into this ____ day of ________, 2019, is by and
between the City of Saint Paul, Minnesota, a municipal corporation under the laws of the State of
Minnesota, hereinafter referred to as “City” and City of St. Anthony, a political subdivision of
the State of Minnesota, hereinafter referred to as “Provider.”
The City and Provider, in consideration of the mutual terms and conditions, promises,
covenants, and payments hereinafter set forth, agree as follows:
SECTION 1: Scope of Services.
A. Provider agrees to provide services or perform activities as related to its individual
entity as described in the attached state grant award (Attachment A) and agrees to comply with
all special conditions, financial reporting, and other requirements as detailed in Attachment A.
SECTION 2: Time for Completion.
A. The services described in Section 1 shall be commenced on October 1, 2019 and will
be completed in accordance with the schedule mutually agreed upon with the City through
September 30, 2020.
B. Provider shall not proceed with any task outside of the grant award without specific
authorization from the Project Manager designated by the City.
C. There will be no extension of this contract beyond the date outlined above.
SECTION 3: Billings, Payment and Reporting.
A. For the Provider’s faithful performance of this Agreement, the City hereby agrees to
compensate the Provider in the amounts and according to the provisions of Attachment A. Total
payments to the Provider shall not exceed $688,550.00.
B. The above amounts shall fully compensate the Provider for all costs. No claim for
services and/or costs provided by the Provider, not specifically provided for in this Agreement
will be honored by the City.
C. The Provider shall submit an itemized invoice as well as detailed backup documents
to the City on a quarterly basis. The Provider will be provided with the deadline for submitting
the detailed backup after the grant reporting deadlines have been finalized. The Provider shall
submit the detailed backup within the budget categories as detailed on Attachment B. Upon
receipt of the invoice and verification of the charges by the Project Manager, payment shall be
made by the City to Provider within thirty (30) days of the City receiving payment or
reimbursement from the State of Minnesota for services provided under this Agreement.
D. Provider shall submit programmatic reporting as requested by the fiscal agent, City
of Saint Paul, on a quarterly basis. No payments shall be made to Provider without
programmatic reports completed by the due date.
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Page 2 of 7
E. In the event the Provider fails to comply with any terms or conditions of the
Agreement or grant award (see Attachment A) or to provide in any manner the work or services
as agreed to herein, the City reserves the right to withhold any payment until the City is satisfied
that corrective action has been taken or completed. This option is in addition to and not in lieu of
the City’s right to termination as provided in other sections of this Agreement.
SECTION 4: Project Management.
A. The City requires the Provider to assign specific individuals as principal project
members and to assure that the major work and coordination will remain the responsibility of
this individual during the term of the Agreement. Removal of any principal project member
without replacement by equally qualified individual or without the prior written approval of the
City is grounds for termination of the Agreement by the City. Provider’s principal project
member is:
RCTSI Coordinator:
Lt. Dan Diegnau
St. Anthony Police Department
3301 Silver Lake Rd.
St. Anthony, MN 55418
B. The Provider has designated Dan Diegnau, Police Lieutenant, as the
Project Manager for this Agreement, and the individual to whom all communications pertaining
to the Agreement shall be released. The Project Manager shall have the authority to transmit
instructions, receive information, authorize amendments or changes to the Agreement, and
interpret and define the Provider’s policies and decisions pertinent to the work covered by this
Agreement.
SECTION 5: City Responsibilities.
A. City agrees to provide the Provider with access to any information from City
documents, staff, and other sources needed by the Provider to complete the work described
herein.
SECTION 6: Work Products, Records, Dissemination of Information.
A. For purposes of this Agreement, the following words and phrases shall have the
meanings set forth in this section, except where the context clearly indicates that a different
meaning is intended.
“Work product” shall mean any report, recommendation, paper, presentation, drawing,
demonstration, or other materials, whether in written, electronic, or other format that results
from the Provider’s services under this Agreement.
“Supporting documentation” shall mean any surveys, questionnaires, notes, research,
papers, analyses, whether in written, electronic, or in other form, belonging to the Provider
and pertaining to work performed under this Agreement.
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Page 3 of 7
“Business records” shall mean any books, documents, papers, account records and other
evidences, whether written, electronic, or in other form, belonging to the Provider and
pertaining to work performed under this Agreement.
B. All deliverable work products and supporting documentation that result from the
Provider’s services under this Agreement shall be delivered to the City and shall become the
property of the City after final payment is made to the Provider with no right, title, or interest in
said work products or supporting documentation vesting in the Provider.
C. Unless otherwise required under State or Federal data privacy law, the Provider agrees
not to release, transmit, or otherwise disseminate information associated with or generated as a
result of the work performed under this Agreement without prior knowledge and written consent
of the City.
D. In the event of termination, all documents finished or unfinished, and supporting
documentation prepared by the Provider under this Agreement, shall be delivered to the City by
the Provider by the termination date and there shall be no further obligation of the City to the
Provider except for payment of amounts due and owing for work performed and expenses
incurred to the date and time of termination.
E. The Provider agrees to maintain all business records in such a manner as will readily
conform to the terms of this Agreement to make such materials available at its office at all
reasonable times during this Agreement period and for six (6) years from the date of the final
payment under the contract for audit or inspection by the City, the Auditor of the State of
Minnesota, or other duly authorized representative.
F. The Provider agrees to abide strictly by Chapter 13, Minnesota Statutes (Minnesota
Government Data Practice Act) as well as any other applicable federal, state, and local laws or
ordinances, and all applicable rules, regulations, and standards established by any agency of such
governmental units which are now or hereafter promulgated insofar as they relate to the
Provider’s performance of the provisions of this Agreement.
SECTION 7: Equal Opportunity Employment.
A. The Provider will not discriminate against any employee or applicant for employment
for work under this Agreement because of race, color, religion, gender, age, sexual orientation,
or national origin and will take affirmative steps to ensure that applicants are employed and
employees are treated during employment without regard to race, color, religion, gender, age,
sexual orientation, or national origin.
This provision shall include, but not be limited to the following: employment, upgrading,
demotion, or transfer; recruitment advertising, layoff or termination; rates of pay or their forms
of compensation; and selection for training, including apprenticeship.
SECTION 8: Compliance with Applicable Law.
The Provider agrees to comply with all federal, state, and local laws or ordinances, and
all applicable rules, regulations, and standards established by any agency of such governmental
25
Page 4 of 7
units, which are now or hereafter promulgated insofar as they relate to the Provider’s
performance of the provisions of this Agreement. It shall be the obligation of the Provider to
apply for, pay for, and obtain all permits and/or licenses required.
SECTION 9: Independent Contractor.
A. It is agreed by the parties that, at all times and for all purposes within the scope of this
Agreement, the relationship of the Provider to the City is that of an independent contractor and
not that of employee. No statement contained in this Agreement shall be construed so as to find
the Provider an employee of the City, and the Provider shall be entitled to none of the rights,
privileges, or benefits of City of St. Anthony employees.
SECTION 10: Subcontracting.
A. The Provider agrees not to enter into any subcontracts for any of the work
contemplated under this Agreement (unless specifically outlined in the grant) without obtaining
prior written approval of the City.
SECTION 11: Hold Harmless.
That each party will responsible for their own acts or omissions for their employees,
agents and officials. Nothing in this agreement shall constitute a waiver by either party of any
statutory or common law defenses, immunities, or limits or exceptions on liability.
SECTION 12: Assignment.
A. The City and the Provider each binds itself and its successors, legal representatives,
and assigns of such other party, with respect to all covenants of this Agreement; and neither the
City nor the Provider will assign or transfer their interest in this Agreement without the written
consent of the other.
SECTION 13: Termination.
A. This Agreement will continue in full force and effect until completion of the
Provider’s services as described herein unless either party terminates it at an earlier date. Either
party to this Agreement may terminate it by giving no less than thirty (30) days written notice of
the intent to terminate to the other party.
B. With Cause. The City reserves the right to suspend or terminate this Agreement if
the Provider violates any of the terms or conditions of this Agreement or does not fulfill, in a
timely and proper manner, its obligations under this Agreement as determined by the City. In the
event that the City exercises its right to suspend or terminate under this Section, it shall submit
written notice of suspension to the Provider, specifying the reasons therefore, and the date upon
which such suspension becomes effective. Within ten days of receipt of such notice, the
Provider shall take all actions necessary to cure the default. If the Provider fails to cure the
default within the ten-day period, the Agreement is immediately terminated. Upon termination
of this Agreement, the Provider shall discontinue further commitments of funds under this
Agreement.
C. In the event of termination, the City will pay the Provider for all services actually
timely, and faithfully rendered up to the receipt of the notice of termination and thereafter until
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Page 5 of 7
the date of termination. The Provider will deliver all work products and supporting
documentation developed up to the date of termination prior to the City rendering final payment
for services.
SECTION 14: Default by Provider.
A. In the event Provider fails or neglects to comply with any term or condition of this
Agreement or to provide the services stated herein, City shall have the right, after written notice,
to cease payment hereunder. This remedy shall be in addition to any other remedies, including
termination, available to the City in law or equity.
SECTION 15: Amendment or Changes to Agreement.
A. The City or the Provider may request changes that would increase, decrease, or
otherwise modify the Scope of Services.
B. Any alterations, amendments, deletions, or waivers of the provisions of this
Agreement shall be valid only when reduced to writing and duly signed by the parties.
C. Modifications or additional schedules shall not be construed to adversely affect vested
rights or causes of action which have accrued prior to the effective date of such amendment,
modification, or supplement. The term “this Agreement” as used herein shall be deemed to
include any future amendments, modifications, and additional schedules made in accordance
herewith.
SECTION 16: Notices.
A. Except as otherwise stated in this Agreement, any notice or demand to be given under
this Agreement shall be delivered by email to the designated project manager if the receipt of the
message is confirmed, in person, or deposited in United States Mail. Any notices or other
communications shall be addressed as follows:
To Provider: To City:
Lt. Dan Diegnau
St. Anthony Police Department
3301 Silver Lake Rd.
St. Anthony, MN 55418
Wendy Trebesch, Accountant
Saint Paul Police Department
367 Grove Street
Saint Paul, MN 55101
SECTION 17: Waiver.
A. Any failure of a party to assert any right under this Agreement shall not constitute a
waiver or a termination of that right, this Agreement, or any of this Agreement’s provision.
SECTION 18: Survival of Obligations.
A. The respective obligations of the City and the Provider under these terms and
conditions, which by their nature would continue beyond the termination, cancellation, or
expiration hereof, shall survive termination, cancellation or expiration hereof.
27
Page 6 of 7
B. If a court or governmental agency with proper jurisdiction determines that this
Agreement, or a provision herein is unlawful, this Agreement or that provision, shall terminate.
If a provision is so terminated but the parties legally, commercially, and practicably can continue
this Agreement without the terminated provision, the remainder of this Agreement shall continue
in effect.
SECTION 19: Interpretation of Agreement, Venue.
A. This Agreement shall be interpreted and construed according to the laws of the State
of Minnesota. All litigation related to this Agreement shall be venued in the District Court of the
City of Ramsey, Second Judicial District, State of Minnesota.
SECTION 20: Force Majeure.
A. Neither the City nor the Provider shall be held responsible for performance if its
performance is prevented by acts or events beyond the party’s reasonable control, including, but
not limited to: severe weather and storms, earthquake or other natural occurrences, strikes and
other labor unrest, power failures, electrical power surges or current fluctuations, nuclear or other
civil military emergencies, or acts of legislative, judicial, executive, or administrative authorities.
SECTION 21: Entire Agreement.
It is understood and agreed that the entire Agreement supersede all oral agreements and
negotiations between the parties relating to the subject matters herein.
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Page 7 of 7
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and
year first above written.
For the City: For City of St. Anthony:
Approved as to form:
By: By:
Daphne A. Van Buren
Assistant City Attorney
Its:
Jerome O. Faust
Mayor
Date: Date:
By: By:
Robert L. Thomasser
Assistant Chief of Police
Its:
Mark Casey
City Manager
Date: Date:
By: By:
John McCarthy
Director of Financial Services
Its:
Date: Date:
By: By:
Melvin Carter
Mayor
Its:
Date: Date:
29
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30
CITY OF SAINT ANTHONY VILLAGE
STATE OF MINNESOTA
RESOLUTION 19-068
A RESOLUTION AUTHORIZING MAYOR AND CITY MANAGER TO APPROVE
TOWARD ZERO DEATHS GRANT
WHEREAS, the City of Saint Anthony Village Police Department wishes to partner with the
City of St. Paul Police Department on the 2020 Toward Zero Deaths
Enforcement; and
WHEREAS, the City of Saint Anthony authorizes the Mayor and City Manager to approve the
agreement with the City of St. Paul Police Department for the 2020 Toward Zero
Deaths grant.
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Saint Anthony
Village hereby authorizes the Mayor and City Manager to approve the agreement for the Toward
Zero Deaths grant.
Adopted this 24th day of September 2019.
______________________________________
Jerome O. Faust, Mayor
ATTEST:____________________________
Nicole Miller, City Clerk
Review for Administration: _____________________________________
Mark Casey, City Manager
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32
REQUEST FOR COUNCIL CONSIDERATION
Meeting Date: September 24, 2019
Ordinance Change – Amending the Tobacco Ordinance to Restrict Sales to Under Age 21
OVERVIEW:
In front of you this evening is a draft of revisions to the city’s Tobacco Ordinance, raising the age from
18 to 21 to purchase tobacco products within the City of St. Anthony. This is the second of three
readings required; the final reading is scheduled for October 8, 2019. If approved on October 8, 2019,
the emended ordinance would subsequently be published and take affect at that time.
In recent years, a number of cities and counties in Minnesota have raised the minimum age to purchase
tobacco to 21. The intention of this approach is to increase the age gap between kids and those who can
legally buy tobacco, to help keep tobacco out of the school environment and reduce early adoption of
tobacco use among young people.
Through resources at Hennepin County Public Health, staff was connected with the Public Health Law
Center, who provided guidance to staff on the proposed updates in the Tobacco Ordinance. The entire
ordinance was reviewed to ensure it meets with current standards. The major areas of enhancement are:
• Increasing the minimum age to purchase tobacco from age 18 to 21
• Enhancing language to ensure that vaping forms of tobacco are clearly identified
• Instituting a fine structure for retailers that fail compliance checks
On August 8, 2019, letters were sent to the city’s tobacco licensed retailers inviting them to an
information meeting with staff on Wednesday, September 4, 2019 to answer any questions and listen
to any concerns. No comments have been received from any retailers. The current tobacco license
holders are Cub Foods, Holiday, Murphy Service Center, Saint Anthony Village Wine & Spirits
(Marketplace & Silver Lake Village), Speedway, and Walgreens.
Resources for the retailers will be provided with resources from staff and the Association for
Nonsmokers-MN (which currently work with the St. Anthony Police Department on compliance
checks) to assist with the transition and maintain compliance with the new ordinance.
Attached are letters of support received from the American Heart Association and Hennepin County
Public Health.
Attachments: Red-lined ordinance, 8/8/19 sample letter to retailers, 9/4/19 flyer for retailers and
9/18/19 letter from the American Heart Association.
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34
TIMELINE OF
THE PROCESS
SEPTEMBER 10, 2019
The first reading by the
City Council
SEPTEMBER 24, 2019
Second reading by the
City Council
OCTOBER 8, 2019
Third and final reading
by the City Council to
adopt the ordinance
LATE OCTOBER, 2019
Publishing of the revised
ordinance, which puts it
into effect as of the date
of publication.
ORDINANCE CHANGE
AMENDING THE TOBACCO ORDINANCE
TO RESTRICT SALES TO UNDER AGE 21
SUMMARY
In recent years a number of cities and counties in Minnesota have
raised the minimum age to purchase tobacco to 21. The intention of this
approach is to increase the age gap between kids and those who can
legally buy tobacco, to help keep tobacco out of the school environment
and reduce early adoption of tobacco use among young people.
KEY ASPECTS OF THE CHANGES
Increasing the minimum age to purchase tobacco from age 18 to 21
(B) Legal age. No person shall sell any licensed product to any person
under the age of 21.
(1) Age verification. Licensees must verify by means of government-
issued photographic identification that the purchaser is at least 21 years
of age
Enhancing language to ensure that vaping forms of tobacco are
clearly identified
Any product containing or delivering nicotine, lobelia, or any other
substance, whether natural or synthetic, intended for human consumption
through the inhalation of aerosol or vapor from the product. ELECTRONIC
DELIVERY DEVICE includes, but is not limited to, devices manufactured,
marketed, or sold as e-cigarettes, e-cigars, e-pipes, vape pens, mods, tank
systems, or under any other product name or descriptor. ELECTRONIC
DELIVERY DEVICE includes any component part of a product, whether or
not marketed or sold separately. ELECTRONIC DELIVERY DEVICE does
not include any product that has been approved or certified by the U.S.
Food and Drug Administration for sale as a tobacco-cessation product, as
a tobacco-dependence product, or for other medical purposes, and is
marketed and sold for such an approved purpose.
Instituting a fine structure for retailers that fail compliance checks
Any licensee found to have violated this ordinance, or whose employee
violated this ordinance, will be charged an administrative fine of [ $200 ] for
a first violation; [ $500 ] for a second offense at the same licensed premises
within a 24-month period; and [ $750 ] for a third or subsequent offense at
the same location within a 24-month period. Upon the third violation, the
license will be suspended for a period of not less than [ 30 ] consecutive
days. Upon a fourth violation, the license will be revoked.
COMMENTS OR
QUESTIONS?
Comments or questions
on the proposed changes
to the tobacco ordinance
can be emailed to:
Mark Casey, City Manager
mark.casey@savmn.com
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38
American Heart Association I 2750 Blue Water Road I Suite 250 I Eagan I Minnesota I 55121
September 18, 2019
Dear Mayor Faust and members of the Saint Anthony Village City Council:
I am writing on behalf of the American Heart Association to express our support for the
proposed ordinance that would raise the minimum sales age for tobacco products from 18 to 21
in Saint Anthony Village, as well as a flavor restriction including menthol.
The National Academy of Medicine reports that there would be a 25 percent reduction in
smoking initiation among 15-to-17-year-olds if the age to purchase tobacco was raised to 21.
Preventing youth from starting to smoke is essential to reducing smoking prevalence,
considering that almost 95 percent of addicted adult smokers started before age 21. Increasing
the age gap between kids and those who can legally buy tobacco will help remove access to
tobacco products from the high-school environment and stop the start.
Thinking further beyond Tobacco 21 would be restricting flavors to adult only shops in Saint
Anthony Village. Menthol and flavored tobacco products are peddled to our nation’s youth with
the intent of addicting a new generation. These products lures young people into a deadly habit
and sets them on the road to early hardening of the arteries and coronary artery disease in
adulthood.
Over 40 communities in Minnesota have also raised the minimum age to purchase tobacco from
18 to 21 and many cities statewide are considering adopting this policy. We need to continue to
do everything we can to protect the health of our young people. Saint Anthony Village has the
opportunity to help prevent another generation from becoming lifelong tobacco users. Thank
you for your consideration.
Sincerely,
Jess Nolan
Community Advocacy Director
952-278-7928
Jess.Nolan@heart.org
39
Hennepin County Public Health
525 Portland Avenue South, Minneapolis, MN 55415
612-348-5367 | Ruth.Tripp@hennepin.us
September 18, 2018
Mayor Jerry Faust
St. Anthony Village City Council
3301 Silver Lake Road
St. Anthony, MN 55418
Dear Mayor Faust and Members of the City Council:
On behalf of Hennepin County Public Health, I commend you for identifying ways to limit youth
access to tobacco in the City of St. Anthony Village. Tobacco use is still the No. 1 preventable
cause of death and disease. One in seven deaths in Hennepin County is tobacco-related resulting in $585 million in excess medical costs annually, a tax burden of $753 per household. For years, adolescent tobacco use rates have been declining. Nine percent of 11th grade students use conventional tobacco products—cigarettes, cigars, and chewing tobacco (MN Student Survey-Suburban Hennepin County, 2016). However, use of e-cigarettes has gone up dramatically. Statewide, youth tobacco use has increased for the first time in 17 years, largely driven by the use of e-cigarette products. Nearly all tobacco users start before the age of 21, and many young people turn to older friends as a source for tobacco products. Increasing the minimum sales age for tobacco from 18 to 21 can dramatically curtail initiation by youth. Hennepin County Public Health, through funding from the Minnesota Department of Health’s Statewide Health Improvement Partnership (SHIP), works to decrease tobacco’s harm and
tobacco-related disparities. Please consider us as a resource, as you consider and implement
tobacco prevention measures. Thank you for your leadership on this important public health
issue. Please feel free to contact me if you have questions or would like additional information.
Sincerely,
Ruth Tripp, MPH, RN
Principal Health Promotion Specialist
40
ORDINANCE NO. 2019-09
SAINT ANTHONY VILLAGE, MINNESOTA
AN ORDINANCE AMENDING MULTIPLE SECTIONS OF CHAPTER 111 OF THE TOBACCO
ORDINANCE
The City Council of the City of Saint Anthony Village ordains as follows:
Section One. Amendment to the City of Saint Anthony Village City Code to Amend Section §155.03
Definitions, Section §155.21 General Requirements, and Section 155.22 (B)(23) Prohibited Signs of the City Code
of the City of Saint Anthony Village is hereby amended as follows. The deleted language is represented by
strikethrough text. The additional language is represented by single underlined text.
TOBACCO
§ 111.045 PURPOSE AND INTENT.
This ordinance is intended to regulate the sale of commercial tobacco, tobacco-related devices,
electronic delivery devices, and nicotine or lobelia delivery products for the purpose of enforcing and
furthering existing laws, to protect youth and young adults against the serious health effects associated with
use and initiation, and to further the official public policy of the state to prevent young people from starting
to smoke.
The city further recognizes the public health hazards of exposure of individuals to secondhand
smoke. This subchapter is intended to regulate the sale, possession, and use of tobacco, tobacco products,
tobacco related devices, and electronic delivery devices for the purpose of enforcing and furthering
existing laws, to protect minors against the serious effects associated with the illegal use of tobacco,
tobacco products, tobacco related devices, and electronic delivery devices, to protect individuals from
the hazards of secondhand smoke, and to further the official public policy of the State of Minnesota as
stated in M.S. § 144.391 and M.S. § 144.412, as they may be amended from time to time.
§ 111.046 DEFINITIONS.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly
indicates or requires a different meaning.
CHILD-RESISTANT PACKAGING. Packaging that meets the definition set forth in Code of
Federal Regulations, title 16, section 1700.15(b), as in effect on January 1, 2015, and was tested in
accordance with the method described in Code of Federal Regulations, title 16, section 1700.20, as in
effect on January 1, 2015.
CIGAR. Any roll of tobacco that is wrapped in tobacco leaf or in any other substance containing
tobacco, with or without a tip or mouthpiece, which is not a cigarette as defined in Minn. Stat. § 297F.01,
subd. 3, as may be amended from time to time.
COMPLIANCE CHECKS. The process the city uses to investigate and ensure that those
41
2 St. Anthony - Business Regulations
authorized to sell tobacco, tobacco products, or tobacco related deviceslicensed products are complying
with the requirements of this subchapter. COMPLIANCE CHECKS shall involve minors persons under
the age of 21 who are authorized by this subchapter, state and federal regulations and who purchase or
attempt to purchase tobacco, tobacco products, or tobacco related deviceslicensed products for
educational, research, and training purposes, and for the enforcement of the aforementioned city, state,
and federal regulations pertaining to tobacco, tobacco products, and tobacco related deviceslicensed
products.
ELECTRONIC DELIVERY DEVICE. Any product containing or delivering nicotine, lobelia,
or any other substance, whether natural or synthetic, intended for human consumption through the
inhalation of aerosol or vapor from the product. ELECTRONIC DELIVERY DEVICE includes, but is
not limited to, devices manufactured, marketed, or sold as e-cigarettes, e-cigars, e-pipes, vape pens,
mods, tank systems, or under any other product name or descriptor. ELECTRONIC DELIVERY
DEVICE includes any component part of a product, whether or not marketed or sold separately.
ELECTRONIC DELIVERY DEVICE does not include any product that has been approved or certified
by the U.S. Food and Drug Administration for sale as a tobacco-cessation product, as a tobacco-
dependence product, or for other medical purposes, and is marketed and sold for such an approved
purpose.
Any product containing or delivering nicotine, lobelia, or any other substance intended for human
consumption that can be used by a person to simulate smoking in the delivery of nicotine or any other
substance through inhalation of vapor from the product. Electronic delivery device shall include any
component part of such a product whether or not sold separately. Electronic delivery device shall not
include any product that has been approved or otherwise certified by the United States Food and Drug
Administration for legal sales for use in tobacco cessation treatment or other medical purposes, and is
being marketed and sold solely for the approved purpose.
INDIVIDUALLY PACKAGED. The practice of selling any tobacco or tobacco product wrapped
individually for sale. Individually wrapped tobacco and tobacco products shall include, but are not be
limited to, single cigarette packs, single bags or cans of loose tobacco in any form, and single cans or
other packaging of snuff or chewing tobacco. Cartons or other packaging containing more than a single
pack or other container as described in this definition shall not be considered INDIVIDUALLY
PACKAGED.
INDOOR AREA. All space between a floor and a ceiling that is bounded by walls, doorways, or
windows, whether open or closed, covering more than 50 percent of the combined surface area of the
vertical planes constituting the perimeter of the area. A wall includes any retractable divider, garage door,
or other physical barrier, whether temporary or permanent. A standard 0.011 gauge window screen (0.011
gauge with an 18 by 16 mesh count) is not considered a wall.
LICENSED PRODUCTS. The term that collectively refers to any tobacco, tobacco-related device,
electronic delivery device, or nicotine or lobelia delivery product.
LOOSIES. Common term referring to a single or individually packaged cigarette.
MINOR. Any person who has not yet reached the age of 18 years.
MOVEABLE PLACE OF BUSINESS. Any form of business that is operated out of a truck, van,
kiosk, automobile, or other type of vehicle or transportable shelter and not a fixed address store front or
other permanent type of structure authorized for sales transactions.
NICOTINE OR LOBELIA DELIVERY PRODUCT. Any product containing or delivering
42
nicotine or lobelia intended for human consumption, or any part of such a product, that is not a tobacco
or an electronic delivery device as defined in this section. NICOTINE OR LOBELIA DELIVERY
PRODUCT does not include any product that has been approved or otherwise certified for legal sale by
the U.S. Food and Drug Administration as a tobacco-cessation product, a tobacco-dependence product,
or for other medical purposes, and is being marketed and sold solely for that approved purpose.
PLACE OF EMPLOYMENT. Any indoor area at which two or more individuals perform any type
of a service for consideration of payment under any type of contractual relationship, including, but not
limited to, an employment relationship with or for a private corporation, partnership, individual, or
government agency. Place of employment includes any indoor area where two or more individuals
gratuitously perform services for which individuals are ordinarily paid. A place of employment also
includes, but is not limited to:, public conveyances, factories, warehouses, offices, retail stores,
restaurants, bars, banquet facilities, theaters, food stores, banks, financial institutions, employee
cafeterias, lounges, auditoriums, gymnasiums, restrooms, elevators, hallways, museums, libraries,
bowling establishments, employee medical facilities, and rooms or areas containing photocopying
equipment or other office equipment used in common. Vehicles used in whole or in part for work
purposes are places of employment during hours of operation if more than one person is present. An area
in which work is performed in a private residence is a place of employment during hours of operation if:
(1) the homeowner uses the area exclusively and regularly as a principal place of business and
has one or more on-site employees; or
(2) the homeowner uses the area exclusively and regularly as a place to meet or deal with patients,
clients, or customers in the normal course of the homeowner's trade or business.
PUBLIC MEETING. All meetings open to the public pursuant to Minn. Stat. § 13D.01.
PUBLIC PLACE. Any enclosed, indoor area used by the general public, including, but not limited
to, restaurants; banks; bars; restaurants; any other food or liquor establishment; hotels and motels;
reception areas; retail establishments and other commercial establishments; shopping malls; educational
facilities; hospitals; nursing homes; auditoriums; arenas; meeting rooms; waiting rooms; government
buildings; and common areas of rental apartment buildings.
RETAIL ESTABLISHMENT. Any place of business where tobacco, tobacco products, tobacco
related devices, or electronic delivery deviceslicensed products are available for sale to the general
public. RETAIL ESTABLISHMENTS shall include, but isare not limited to, grocery stores, tobacco
products shops, convenience stores, gasoline service stations, bars, and restaurants.
SALE. Any transfer of goods for money, trade, barter, or other consideration..
SELF-SERVICE MERCHANDISING. The oOpen displays of tobacco, tobacco products, or
tobacco related deviceslicensed products in any manner where any person has shall have access to the
tobacco, tobacco products, or tobacco related deviceslicensed products , without the assistance or
intervention of the licensee or the licensee’s employee. The assistance or intervention shall entails the
actual physical exchange of tobacco, tobacco product, or tobacco related devicelicensed product(s)
between the customer and the licensee or employee. SELF-SERVICE MERCHANDISING does shall
not include vending machines.
SMOKING. Inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe,
or any other lighted or heated product containing, made, or derived from nicotine, tobacco, marijuana,
43
4 St. Anthony - Business Regulations
or other plant, whether natural or synthetic, that is intended for inhalation. Smoking also includes
carrying or using an activated electronic delivery device.Inhaling or exhaling smoke from any lighted or
heated cigar, cigarette, pipe, tobacco related device, or any other lighted or heated tobacco or plant product,
or inhaling or exhaling vapor from any electronic delivery device. SMOKING shall include carrying a
lighted or heated cigar, cigarette, pipe, tobacco related device, electronic delivery device, or any other
lighted or heated tobacco or plant product intended for inhalation.
TOBACCO or TOBACCO PRODUCTS. Any product containing, made, or derived from tobacco
that is intended for human consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted,
sniffed, or ingested by any other means, or any component, part, or accessory of a tobacco product
including but not limited to cigarettes; cigars; cheroots; stogies; perique; granulated, plug cut, crimp cut,
ready rubbed, and other smoking tobacco; snuff; snuff flour; cavendish; plug and twist tobacco; fine cut
and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings and sweepings of tobacco; and
other kinds and forms of tobacco. TOBACCO does not include any product that has been approved by
the U.S. Food and Drug Administration for sale as a tobacco-cessation product, as a tobacco-dependence
product, or for other medical purposes, and is being marketed and sold solely for such an approved
purpose.Any substance or item containing tobacco leaf, including but not limited to cigarettes, cigars,
pipe tobacco; hookah tobacco; snuff; fine cut or other chewing tobacco; dipping tobacco; snus; bidis, or
any other preparation of tobacco; cheroots; stogies, perique; granulated, plug cut, crimp cut, ready-
rubbed, and other smoking tobacco; and any product or formulation of matter containing biologically
active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the
expectation that the product or matter will be introduced into the human body, but does not include any
cessation product approved by the United States Food and Drug Administration for use as a medical
treatment to reduce and eliminate nicotine or tobacco dependence.
TOBACCO RELATED DEVICES. Any rolling papers, wraps, pipes, or other device
intentionally designed or intended to be used with tobacco products. TOBACCO-RELATED DEVICE
includes components of tobacco-related devices or tobacco products, which may be marketed or sold
separately. TOBACCO-RELATED DEVICES may or may not contain tobacco.
Any tobacco product as well as a pipe, rolling papers, or other device intentionally designed or
intended to be used in a manner which enables the chewing, sniffing, or smoking of tobacco or tobacco
products. TOBACCO RELATED DEVICES include components of tobacco related devices which may
be marketed or sold separately.
VENDING MACHINE. Any mechanical, electric, or electronic, or other type of device thatwhich
dispenses tobacco, tobacco products, or tobacco related deviceslicensed products upon the insertion of
money, tokens, or other forms of payment directly into the machine by the person seeking to purchase the
tobacco, tobacco product, or tobacco related devicelicensed product.
(1993 Code, § 510.02) (Am. Ord. 2011-01, passed 4-26-2011)
§ 111.047 LICENSE REQUIRED.
(A) Generally. No person may directly or indirectly or by means of any device keep for retail sale,
sell at retail, offer to sell or otherwise dispose of any licensed productstobacco, tobacco products, or
tobacco related devices, at any place in the city unless a license has first been issued by the City Council
as provided in this section.
(B) Specifically.
44
(1) Application. An application for a license to sell licensed products tobacco, tobacco
products, and tobacco related devices shall be made on a form provided by the city. The application shall
contain the full name of the applicant, the applicant’s residential and business addresses, and telephone
numbers, the name of the business for which the license is sought, and any additional information the
city deems necessary. Upon receipt of a completed application, the City Clerk will forward the
application to the City Council for action at its next regularly scheduled meeting. If the City Clerk
determines that an application is incomplete, it will be returned to the applicant with notice of the
information necessary to make the application complete.
(2) Action. The City Council may either approve or deny the license, or it may delay action
for any reasonable period of time as necessary to complete any investigation of the application or the
applicant that it deems necessary. If the City Council approves the application, the Licensing Clerk shall
issue the license to the applicant. If the City Council denies the application, notice of the denial shall be
given to the applicant along with notice of the applicant’s right to appeal the City Council’s decision.
(3) Term. All licenses issued under this subchapter shall be valid for 1 calendar year from the
date of March 15.
(4) Revocation or suspension. Any license issued under this subchapter may be revoked or
suspended as provided in § 111.056.
(5) Transfers. All licenses issued under this section shall be valid only on the premises for
which the license was issued and only for the person to whom the license was issued. No transfer of any
license to any other location or person shall be valid without the prior approval of the City Council.The
transfer of any license to another location or person is prohibited.
(6) Moveable place of business. No license shall be issued to a moveable place of business.
Only fixed location businesses shall be eligible to be licensed under this subchapter.
(7) Display. All licenses shall be posted and displayed at all times in plain view of the general
public on the licensed premises.
(8) Renewals. The renewal of a license issued under this section shall be handled in the same
manner as the original application. The request for a renewal shall be made at least 30 days prior, but no
more than 60 days before the expiration of the current license. The license holder is not entitled to an
automatic renewal of the license.
§ 111.048 FEES.
If an application is granted by the City Council, a license will be issued by the Licensing Clerk upon
payment in full, of the fee required under Chapter 33.
§ 111.049 BASIS FOR DENIAL OF LICENSE.
(A) The following shall be grounds for denying the issuance of or renewal of a license under this
subchapter:; if a license is mistakenly issued or renewed to a person, it shall be revoked upon the
discovery that the person was ineligible for the license under this section.
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6 St. Anthony - Business Regulations
(1) The applicant is under the age of 2118 years of age.
(2) The applicant has been convicted within the past 5 years of any violation of a federal, state, or
local law, ordinance provision, or other regulation relating to licensed products.tobacco products,
or tobacco related devices.
(3) The applicant has had a license to sell tobacco, tobacco products, or tobacco related
deviceslicensed products suspended or revoked within the preceding 12 months of the date of
application.
(4) The applicant fails to provide any of the information required on the licensing application, or
provides false or misleading information.
(5) The applicant is prohibited by federal, state, or other local law, ordinance, or other regulation,
from holding such a license.
(6) Nonpayment by the property owner and/or applicant of any fees or charges owed to the city
and/or county, including but not limited to utilities and property taxes.
(B) If a license is mistakenly issued or renewed to a person, it will be revoked upon the discovery that
the person was ineligible for the license under this subchapter. The city will provide the license
holder with notice of the revocation, along with information on the right to appeal.
§ 111.050 PROHIBITED ACTSSALES.
(A) In general. It shall be a violation of this subchapter for any person to sell or offer to sell any tobacco,
tobacco product, tobacco related device, or electronic delivery devicelicensed products:
(1) By means of any type of vending machine, in violation of § 111.051.To a minor;
(2) By means of Loosies as defined.
(3) Containing opium, morphine, jimson weed, bella donna, strychnos, cocaine, marijuana, or
other deleterious, hallucinogenic, toxic, or controlled substances except nicotine and other
substances found naturally in tobacco or added as part of an otherwise lawful manufacturing
process. It is not the intention of this provision to ban the sale of lawfully manufactured
cigarettes or other products subject to this ordinance.
(4) By any other means, to any other person, or in any other manner or form prohibited by federal,
state or other local law, ordinance provision, or other regulation. By a vending machine, in
violation of § 111.051;
(B) Legal age. No person shall sell any licensed product to any person under the age of 21.
(1) Age verification. Licensees must verify by means of government-issued photographic
identification that the purchaser is at least 21 years of age. By self-service methods in violation
of § 111.052;
(1)(2) Signage. Notice of the legal sales age and age verification requirement must be posted
46
prominently and in plain view at all times at each location where licensed products are offered
for sale. The required signage, which will be provided to the licensee by the city, must be posted
in a manner that is clearly visible to anyone who is or is considering making a purchase.
(C) Self-service sales. No person shall allow the sale of licensed products by any self-service displays
where the customer may have access to those items without having to request the item from the
licensee or the licensee’s employee and where there is not a physical exchange of the licensed product
from the licensee or the licensee’s employee to the customer. All licensed products must be stored
behind the sales counter, in another area not freely accessible to customers, or in a case or other
storage unit not left open and accessible to the general public. Any retailer selling licensed products
at the time this ordinance is adopted must comply with this section within 90 days of the effective
date of this ordinance. As “loosies”, as defined in § 111.046;
(B)(D) Liquid packaging. No person shall sell or offer to sell any liquid, whether or not such liquid
contains nicotine, which is intended for human consumption and use in an electronic delivery device,
in packaging that is not child-resistant. Upon request by the city, a licensee must provide a copy of
the certificate of compliance or full laboratory testing report for the packaging used.
(C)(E) If the tobacco or tobacco products contain opium, morphine, jimsonweed, belladonna,
strychnos, cocaine, marijuana, or other delirious, hallucinogenic, toxic, or controlled substances except
nicotine and other substances found naturally in tobacco or added as part of an otherwise lawful
manufacturing process; and/or To any other person, in any other manner or form prohibited by federal or
state law or regulation, or by local ordinance.
§ 111.051 VENDING MACHINES.
It shall be unlawful for any person licensed under this code to allow the sale of licensed products
tobacco, tobacco products, or tobacco related devices, or electronic delivery devices by the means of a
vending machine unless persons under the age of 21 minors are at all times prohibited from entering the
licensed establishment.
§ 111.052 SELF-SERVICE SALES.
(A) It shall be unlawful for a licensee under this code to allow the sale of single packages of
cigarettes or smokeless tobacco if the customer may have access to the items without having to request
the item from the licensee of the licensee’s employees and if there is not a physical exchange of the single
packages of cigarettes or smokeless tobacco between the licensee or the licensee’s clerk and the customer.
All single packs of cigarettes or smokeless tobacco shall either be stored behind a counter, in a case or
other storage unit not left open and accessible to the general public, or otherwise are not freely accessible
to customers. Any retailer selling single packs of cigarettes or smokeless tobacco at the time of adoption
of this subchapter, shall have 60 days to comply with this section.
(B) At such time as the FDA regulations regarding self-service of tobacco products are adopted,
those provisions shall be adopted by reference and supercede the current self-service language of this
section.
§ 111.0523 RESPONSIBILITY.
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8 St. Anthony - Business Regulations
All licensees under this subchapter shall be responsible for the actions of their employees in regard
to the sale, offer to sell, and furnishing of tobacco, tobacco products, tobacco related devices, or
electronic delivery deviceslicensed products on the licensed premises. ,T and the sale, offer to sell, or
furnishing of any licensed product of such an item by an employee shall be considered an act of a sale
by the license holder. Nothing in this subchapter shall be construed as prohibiting the city from also
subjecting the clerk to whatever penalties are appropriate under this subchapter, state or federal law, or
other applicable law or regulation.
§ 111.0534 COMPLIANCE CHECKS AND INSPECTIONS.
All licensed premises must be open to inspection by law enforcement or other authorized city
officials during regular business hours. From time to time, but at least [twice] per year, the city will
conduct compliance checks. In accordance with state law, the city will conduct [at least one compliance
check that involves the participation of two persons: one person between the ages of 15 and 17 and one
person between the ages of 18 and 20] [at least one compliance check that involves the participation of
a person between the ages of 15 and 17 and at least one compliance check that involves the participation
of a person between the ages of 18 and 20] to enter licensed premises to attempt to purchase licensed
products. Prior written consent is required for any person under the age of 18 to participate in a
compliance check. Persons used for the purpose of compliance checks will be supervised by law
enforcement or other designated personnel. All licensed premises shall be open to inspection by the
Police Department or other authorized city official during regular business hours. At least once per year,
the city shall conduct compliance checks by engaging, with the written consent of their parents or
guardians, minors over the age of 15 years but less than 18 years, to enter the licensed premises to attempt
to purchase tobacco, tobacco products, tobacco related devices, or electronic delivery devices. Minors
used for the purpose of compliance checks shall be supervised by city designated law enforcement
officers or other designated city personnel. Minors used for compliance checks shall not be guilty of
unlawful possession of tobacco, tobacco products, or tobacco related devices when the items are obtained
as a part of the compliance check. No person mi nor used in compliance checks shall attempt to use a
false identification misrepresenting the personminor’s age, and all personsminors lawfully engaged in a
compliance check shall answer all questions about their minor’s age asked by the licensee or the
licensee’s employee and shall produce any identification, if any exists, for which the person minor is
asked. Nothing in this section shall prohibit compliance checks authorized by state or federal laws for
educational, research, or training purposes, or required for the enforcement of a particular state or federal
law.
§ 111.0545 OTHER PROHIBITEDILLEGAL ACTS.
Unless otherwise provided, the following acts are an administrative violation of this ordinance:
(A) Prohibited furnishing or procurement. It is a violation of this ordinance for any person 21 years
of age or older to purchase or otherwise obtain any licensed product on behalf of a person under the
age of 21. It is also a violation for any person 21 years of age and older to coerce or attempt to
coerce a person under the age of 21 to purchase or attempt to purchase any licensed product.
(A) Use of false identification. It is a violation of this ordinance for any person to use any form of false
identification, whether the identification is that of another person or has been modified or tampered
with to represent an age older than the actual age of the person using that identification.
Other illegal acts by minors. Unless otherwise provided, it shall be unlawful for any minor:
48
To have in his or her possession any tobacco, tobacco product, or tobacco related device, or
electronic delivery device except as permitted in § 111.054;
To smoke, chew, sniff, or otherwise use any tobacco, tobacco product, or tobacco related device, or
electronic delivery device; and
To purchase or attempt to purchase or otherwise obtain any tobacco, tobacco product, or tobacco
related device, or electronic delivery device; and/or
To attempt to disguise his or her true age by the use of a false form of identification, whether the
identification is that of another person or one on which the age of the person has been modified
or tampered with to represent an age older than the actual age of the person.
Illegal acts by others. It shall be unlawful to any person:
To purchase or otherwise obtain any tobacco, tobacco product, tobacco related device, or electronic
delivery device on behalf of a minor; and/or
To coerce or attempt to coerce a minor to illegally purchase or otherwise obtain or use any tobacco,
tobacco product, tobacco related device, or electronic delivery device.
§ 111.0556 VIOLATIONS AND PENALTIES..
(A) (1) Notice. Upon discovery of suspected violation, the alleged violator may be issued, either
personally or by mail, a citation that sets forth the alleged violation and which shall inform the alleged
violator of his or her right to a hearing on the matter and how and where a hearing may be requested,
including a contact address and phone number. be heard on the accusation.
(2) Hearings.
(a) Upon issuance of a citation, a person accused of violating this ordinance may request
in writing a hearing on the matter. Hearing requests must be made within 10 business
days of the issuance of the citation and delivered to the City Clerk or other designated
city officer. Failure to properly request a hearing within 10 business days of the issuance
of the citation will terminate the person’s right to a hearing.
(b) The City Clerk or other designated city officer will set the time and place for the
hearing. Written notice of the hearing time and place will be mailed or delivered to the
accused violator at least 10 business days prior to the hearing. If a person who has been
issued a citation, requests a hearing, it shall be scheduled and the time, date and place
shall be published and provided to the accused violator.
(2)(3) Hearing officer. The Police Chief or designee shall serve as the hearing officer.
(3)(4) Decision. If the hearing officer determines that a violation did occur, that decision, along
with the s well as the hearing officer’s reasons for finding a violation and the penalty to be imposed under
this section, shall be recorded in writing, a copy of which shall be provided to the city and the accused
violator by in -person delivery or mail as soon as practicable. If the hearing officer finds that no violation
occurred or finds ground for not imposing any penalty, the findings shall be recorded and a copy provided
49
10 St. Anthony - Business Regulations
to the city and the acquitted accused violator by in-person delivery or mail as soon as practicable. The
decision of the hearing officer is final, subject to an appeal as described in §111.0565, division (A)(5) of
this section.
(4)(5) Appeals. Appeals of any decision made by the hearing officer shall be filed in the district
court having jurisdiction over the city.
(5)(6) Gross mMisdemeanor prosecution. Nothing in this section shall prohibit the city from
seeking prosecution as a gross misdemeanor for any alleged violation of this subchapter ordinance by a
person 21 years of age or older. If the city elects to seek gross misdemeanor prosecution, no
administrative penalty shall be imposed.
(6)(7) Continued violation. Each violation and each day in which a violation occurs or continues,
shall constitute a separate offense.
(B) (1) Licensees. Any licensee found to have violated this ordinance, or whose employee violated
this ordinance, will be charged an administrative fine of [ $200 ] for a first violation; [ $500 ] for a second
offense at the same licensed premises within a 24-month period; and [ $750 ] for a third or subsequent
offense at the same location within a 24-month period. Upon the third violation, the license will be
suspended for a period of not less than [ 30 ] consecutive days. Upon a fourth violation, the license will
be revoked.Any licensee or employee found to have violated this subchapter, shall be charged a gross
misdemeanor.
(2) Other individuals. IOther individuals, other than persons under the age of 21 regulated
and who are not minors regulated by division (B)(3) of this sectionbelow, who are found to be in violation
of this subchapter shall be charged an administrative fine of $50.
(3) Persons under the Age of 21Minors. Persons under the age of 21 who use a false
identification to purchase or attempt to purchase licensed products may only be subject to non-criminal,
non-monetary civil penalties such as tobacco-related education classes, diversion programs, community
services, or another penalty that the city determines to be appropriate. The City will consult with court
personnel, educators, parents, children and other interested parties to determine an appropriate penalty
for persons under the age of 21 in the city. The penalty may be established by ordinance and amended
from time to time. Minors found in unlawful possession of, or who unlawfully purchase or attempt to
purchase tobacco, tobacco products, or tobacco related devices, shall be remanded to the custody of their
parents and required to attend and complete tobacco related diversion programs.
(3)
Misdemeanor. Nothing in this section shall prohibit the city from seeking prosecution as
a misdemeanor for any violation of this ordinance by a person 21 years of age or oldersubchapter.
§ 111.056 EXCEPTIONS AND DEFENSES
(A) Religious, Spiritual, or Cultural Ceremonies or Practices.
(B)
(A) Nothing in this subchapter shall prevent the providing of tobacco, tobacco products, and tobacco
related devices to any person minor as part of a lawfully recognized religious, spiritual, or cultural
ceremony.
(C)(B) Reasonable Reliance. It shall be an affirmative defense to the violation of this subchapter
for a person to have reasonably relied on proof of age as described by state law.
50
§ 111.057 SEVERABILITY
If any section or provision of this subchapter is held invalid, such invalidity will not affect other
sections or provisions that can be given force and effect without the invalidated section or provision.
§ 111.058 EFFECTIVE DATE
This ordinance becomes effective on the date of its publication, or upon the publication of a
summary of the ordinance as provided by Minn. Stat. § 412.191, subd. 4, as it may be amended from
time to time, which meets the requirements of Minn. Stat. § 331A.01, subd. 10, as it may be amended
from time to time.
§ 111.05957 SMOKING PROHIBITED.
Smoking isshall be prohibited, and no person shall smoke , in a public place, at a public meeting, in
a place of employment, or in public transportation.
(1993 Code, §510, Penalty, see §10.99)
(Ord. 2011-01, passed 4-26-2011)
(Ord. 2012-01, passed 1-24-2012)
(Ord. 2014-02, passed 9-3-2014)
Section Two. Effective Date. This Ordinance amendment shall be in full force and effect upon its publication
as provided by law.
Effective Date: This ordinance shall become effective as of its publication.
First Reading:
Second Reading:
Adopted:
CITY OF SAINT ANTHONY VILLAGE
By:_________________________________
Jerome O. Faust, Mayor
ATTEST:
By:_________________________________
Nicole Miller, City Clerk
Publish: St. Anthony Bulletin
Publication Date:
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Website (2/14 launch) June July August 1-27
Total Visitors (Page Views) 2668 2175 1677
St. Anthony/CTV Landing
(Page Views) 59 69 86
St. Anthony – Meeting 80 83 95
St. Anthony – City Council 53 50 71
August 2019
Programming, Website & Social Media
Social Media June July August 1-27
CTV Facebook posts 70 79 67
CTV Facebook Total Likes 900 939 979
PROGRAMMING
• PRODUCTION SERVICES:
ü Village Fest Parade LIVE (8/2)
ü Concert at Salo Park Amphitheater – Vinnie Rose
• NEW PROGRAMS on CTV CHANNELS (84 Total) = 107 hours of programming
• CITY MEETINGS (39 Total): 3 – St. Anthony city meetings – web streams
• NORTH SUBURBAN COMMUNICATIONS COMMISSION Meeting [Live] – (8/1)
• RAMSEY COUNTY BOARD MEETINGS: 3 [Tuesdays Live, Ch. 19 – 9am]
•
• 282 SCHOOL BOARD MEETINGS: n/a [Live Ch19 & web]
• RICE CREEK WATERSHED Meetings: 8/14
• ADDITIONAL PROGRAMMING:
ü (11) St. Paul Saints Baseball games LIVE exclusively on Channel 14
ü NYFS Social Justice Student Performance @ RAMS
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54
Date Type Staff Present
October 8 Regular
Planning Commission items from September
Quarterly Donations & Grants
Preliminary Certification of Delinquent Waste Hauler Accounts-Consent Agenda
Preliminary Certification of Delinquent Utility Accounts-Consent Agenda
Quarterly Goals Update
Tobacco 21 Ordinance-Final reading & Adoption
City Council
City Manager
October 15 Special
5:30 p.m.Worksession City Council
City Manager
October 22 Regular Approval of CIP
1st Reading Water, Sewer, & Stormwater-Public Hearing
City Council
City Manager
Finance Director
November 12 Regular
Planning Commission items from October
2nd Reading Water, Sewer, & Stormwater
2019 Election Canvass
Liquor Updates
City Council
City Manager
Liquor Op Manager
November 26 Regular
Fire Prevention Poster Winners
Water Conservation Poster Winners
Final Reading Water, Sewer, & Stormwater
Authorizing polling places for 2020
2020 Fee Schedule
City Council
City Manager
Fire Dept
Public Works Director
December 10 Regular
Planning Commission items from November
Appoint Parks and Planning Commissioners and Chair/Vice Chairs
Setting Salary of City Manager
Authorizing Transfers & Closing of Specified Funds
Setting the 2020 City & HRA Budgets and Final Property Tax Levy -Public Hearing
2020 Street Project Approve Plans & Specifications, Authorize Advertisement for Bids
Approval of 2020 Planning Commission Work Plan (motion only)
City Council
City Manager
Finance Director
City Engineer
December 23 Regular
City Council
City Manager
January 14 Regular
Planning Commission items from December
Housekeeping Resolutions
Resolution for the Street Improvement Bond Reimbursement
Quarterly Donations & Grants
City Council
City Manager
January ?Special
9:00 a.m.Goal Setting
City Council
City Manager
Dept Heads
January ?Special
9:00 a.m.Goal Setting
City Council
City Manager
Dept Heads
FUTURE COUNCIL AGENDA ITEMS
2019
2020
55
Date Type Staff Present
FUTURE COUNCIL AGENDA ITEMS
January 28 Regular 2020 Parks Commission Work Plan- (motion only)
NYFS Agreement
City Council
City Manager
February 11 Regular
Planning Commission items from January
2020 Street Project Call for Hearing on Improvements, Call for Hearing on Assessments,
Order Preparation of Assessments
City Council
City Manager
City Engineer
February 25 Regular
Administration Annual Report
Adoption of Strategic Plan
Order 2021 Feasibility Study
City Council
City Manager
March 10 Regular
Planning Commission Items from February
Liquor Annual Report
Fire Annual Report
Liquor License Renewals
GreenCorp Member application-resolution
City Council
City Manager
Fire Dept
Liquor Op Manager
March 24 Regular
Police Annual Report
Wyland Water Challenge
Public Hearing-Budget Calendar
2020 Street Project Public Hearing, Order Improvements, Adopt & Confirm Assessments,
Award Contract for Construction, Call for Sale of GO Bonds
City Council
City Manager
Police Dept
Finance Director
April 14 Regular
Planning Commission Items from March
Quarterly Donations & Grants
Public Works Annual Report
Spirit of St. Anthony Award
City Council
City Manager
Public Works Director
City Engineer
April 28 Regular
Arbor Day Proclamation
1st Quarter Goals Update
2020 Street Project-Approve Sale of Bonds
City Council
City Manager
May 12 Regular
Planning Commission items from April
Finance Annual Report
Insurance Renewal
Tort Limits - Consent
City Council
City Manager
Finance Director
May 26 Regular
Salo Park Concert Series
Chamber of the Year and Business of the Year
Approve 2021 Feasibility Study and Order Plans and Specs
City Council
City Manager
City Engineer
Finance Director
June 9 Regular Planning Commission Items from May City Council
City Manager
June 23 Regular Audit Presentation
City Council
City Manager
Finance Director
July 14 Regular Planning Commission items from June
Quarterly Donations & Grants
City Council
City Manager
56
Date Type Staff Present
FUTURE COUNCIL AGENDA ITEMS
July 28 Regular
Night to Unite Presentation
Night to Unite Proclamation
Liquor Operations Mid Year Report
VillageFest Presentation
Quarterly Goals Update
City Council
City Manager
Police Chief
Liquor Op Mgr
August 11 Regular Planning Commission items from July
SANB #282 Presentation
City Council
City Manager
August 25 Regular Budget Presentation
Students in Leadership-Consent
City Council
City Manager
Finance Director
September 8 Regular
Planning Commission items from August
2021 Preliminary Operating Budget and Levy-Public Hearing
Kiwanis Peanut Day
City Council
City Manager
Finance Director
September 22 Regular Fire Prevention Presentation
City Council
City Manager
Fire Dept
57