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HomeMy WebLinkAboutCC PACKET 03252025CITY OF SAINT ANTHONY VILLAGE CITY COUNCIL MEETING AGENDA Tuesday, March 25, 2025 at 7:00PM Members of the public who wish to attend the meeting may do so in person. Call To Order. Pledge Of Allegiance. Roll Call. Approval Of Agenda. Proclamations And Recognitions. Fire Captain Promotions (No Action Needed) OATH HERRERA -FLETCHER.PDF OATH SNYDER.PDF Consent Agenda. Approval Of CC Meeting Minutes CC 03 -11 -2025.PDF License And Permits LICENSE AND PERMITS.PDF Claims 3 -25 -2025.PDF Public Hearing. Reports From Commission And Staff. Ordinance 2025 -02 - An Ordinance Amending The Saint Anthony City Code By Amending Sections Of The City Code Relating To Administration, Permitting And Fees, Signage, Natural Landscapes, Transient/Temporary Business Licensing, Performance Standards, Permitted Uses, Temporary Signs, Dangerous Animals, Recreational Fires, Nuisances, And Land Use Enforcement And Compliance Steve Grittman, City Planner, presenting. FIRST READING COVER MEMO.PDF ORDINANCE 2025 -02 - DRAFT.PDF NOTICE - PUBLIC HEARING - CITY CODE UPDATES JAN 2025.PDF General Business Of Council. Ordinance 2025 -01 - Regulating The Sale Of Tobacco And Related Devices And Products Charlie Yunker, City Manager, presenting. SECOND READING ORDINANCE 2025 -01.PDF PRESENTATION.PDF PRICEDISCOUNTINGFACTSHEET 2025.PDF CITATIONS FOR SAV (1).PDF PRICE FACTSHEET.PDF PRICE KEY POINTS.PDF 2025 Street And Utility Improvement Projects Katie Koscielak, WSB Project Manager, presenting. COVER MEMO.PDF PRESENTATION.PDF Resolution 25 -022 - Calling A Hearing For The 2025 Street Improvement Project RESOLUTION 25 -022.PDF Resolution 25 -023 Declaring The Cost To Be Assessed And Ordering Preparation Of The Proposed Assessments For The 2025 Street Improvement Project RESOLUTION 25 -023.PDF Resolution 25 -024 Calling A Hearing On The Proposed Assessments For The 2025 Street Improvement Project RESOLUTION 25 -024.PDF Public Works Annual Report (No Action Needed) Jeremy Gumke, Public Works Director, presenting. PRESENTATION.PDF Police Annual Report (No Action Needed) Jeff Spiess, Police Chief, presenting. PRESENTATION.PDF Reports From City Manager And Council Members. 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 three 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. Those unable to attend the meeting in person may submit comments via the City's PUBLIC COMMENTS FORM . Information And Announcements. Future Agenda Items FUTURE AGENDA ITEMS.PDF Adjournment If you would like to request special accommodations or alternative formats, please contact the City Clerk at 612 -782 -3314 or email city@savmn.com . People who are deaf or hard of hearing can contact us by using 711 Relay. Our Mission is to promote a high quality of life to those we serve through outstanding city services. I. II. III. IV. V. A. Documents: VI. A. Documents: B. Documents: C. Documents: VII. VIII. A. Documents: IX. A. Documents: B. Documents: a. Documents: b. Documents: c. Documents: C. Documents: D. Documents: X. XI. XII. A. Documents: XIII. 1 CITY OF SAINT ANTHONY VILLAGECITY COUNCIL MEETING AGENDATuesday, March 25, 2025 at 7:00PMMembers of the public who wish to attend the meeting may do so in person. Call To Order.Pledge Of Allegiance.Roll Call.Approval Of Agenda.Proclamations And Recognitions.Fire Captain Promotions (No Action Needed)OATH HERRERA -FLETCHER.PDFOATH SNYDER.PDFConsent Agenda.Approval Of CC Meeting MinutesCC 03 -11 -2025.PDFLicense And PermitsLICENSE AND PERMITS.PDFClaims3-25 -2025.PDFPublic Hearing. Reports From Commission And Staff. Ordinance 2025 -02 - An Ordinance Amending The Saint Anthony City Code By Amending Sections Of The City Code Relating To Administration, Permitting And Fees, Signage, Natural Landscapes, Transient/Temporary Business Licensing, Performance Standards, Permitted Uses, Temporary Signs, Dangerous Animals, Recreational Fires, Nuisances, And Land Use Enforcement And Compliance Steve Grittman, City Planner, presenting. FIRST READING COVER MEMO.PDF ORDINANCE 2025 -02 - DRAFT.PDF NOTICE - PUBLIC HEARING - CITY CODE UPDATES JAN 2025.PDF General Business Of Council. Ordinance 2025 -01 - Regulating The Sale Of Tobacco And Related Devices And Products Charlie Yunker, City Manager, presenting. SECOND READING ORDINANCE 2025 -01.PDF PRESENTATION.PDF PRICEDISCOUNTINGFACTSHEET 2025.PDF CITATIONS FOR SAV (1).PDF PRICE FACTSHEET.PDF PRICE KEY POINTS.PDF 2025 Street And Utility Improvement Projects Katie Koscielak, WSB Project Manager, presenting. COVER MEMO.PDF PRESENTATION.PDF Resolution 25 -022 - Calling A Hearing For The 2025 Street Improvement Project RESOLUTION 25 -022.PDF Resolution 25 -023 Declaring The Cost To Be Assessed And Ordering Preparation Of The Proposed Assessments For The 2025 Street Improvement Project RESOLUTION 25 -023.PDF Resolution 25 -024 Calling A Hearing On The Proposed Assessments For The 2025 Street Improvement Project RESOLUTION 25 -024.PDF Public Works Annual Report (No Action Needed) Jeremy Gumke, Public Works Director, presenting. PRESENTATION.PDF Police Annual Report (No Action Needed) Jeff Spiess, Police Chief, presenting. PRESENTATION.PDF Reports From City Manager And Council Members. 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 three 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. Those unable to attend the meeting in person may submit comments via the City's PUBLIC COMMENTS FORM . Information And Announcements. Future Agenda Items FUTURE AGENDA ITEMS.PDF Adjournment If you would like to request special accommodations or alternative formats, please contact the City Clerk at 612 -782 -3314 or email city@savmn.com . People who are deaf or hard of hearing can contact us by using 711 Relay. Our Mission is to promote a high quality of life to those we serve through outstanding city services. I.II.III.IV.V.A.Documents:VI.A.Documents:B.Documents:C.Documents:VII. VIII. A. Documents: IX. A. Documents: B. Documents: a. Documents: b. Documents: c. Documents: C. Documents: D. Documents: X. XI. XII. A. Documents: XIII. 2 CITY OF SAINT ANTHONY VILLAGECITY COUNCIL MEETING AGENDATuesday, March 25, 2025 at 7:00PMMembers of the public who wish to attend the meeting may do so in person. Call To Order.Pledge Of Allegiance.Roll Call.Approval Of Agenda.Proclamations And Recognitions.Fire Captain Promotions (No Action Needed)OATH HERRERA -FLETCHER.PDFOATH SNYDER.PDFConsent Agenda.Approval Of CC Meeting MinutesCC 03 -11 -2025.PDFLicense And PermitsLICENSE AND PERMITS.PDFClaims3-25 -2025.PDFPublic Hearing.Reports From Commission And Staff.Ordinance 2025 -02 - An Ordinance Amending The Saint Anthony City Code By Amending Sections Of The City Code Relating To Administration, Permitting And Fees, Signage, Natural Landscapes, Transient/Temporary Business Licensing, Performance Standards, Permitted Uses, Temporary Signs, Dangerous Animals, Recreational Fires, Nuisances, And Land Use Enforcement And ComplianceSteve Grittman, City Planner, presenting.FIRST READINGCOVER MEMO.PDFORDINANCE 2025 -02 - DRAFT.PDFNOTICE - PUBLIC HEARING - CITY CODE UPDATES JAN 2025.PDFGeneral Business Of Council.Ordinance 2025 -01 - Regulating The Sale Of Tobacco And Related Devices And ProductsCharlie Yunker, City Manager, presenting.SECOND READINGORDINANCE 2025 -01.PDFPRESENTATION.PDFPRICEDISCOUNTINGFACTSHEET 2025.PDFCITATIONS FOR SAV (1).PDFPRICE FACTSHEET.PDFPRICE KEY POINTS.PDF2025 Street And Utility Improvement ProjectsKatie Koscielak, WSB Project Manager, presenting.COVER MEMO.PDFPRESENTATION.PDFResolution 25 -022 - Calling A Hearing For The 2025 Street Improvement Project RESOLUTION 25 -022.PDFResolution 25 -023 Declaring The Cost To Be Assessed And Ordering Preparation Of The Proposed Assessments For The 2025 Street Improvement Project RESOLUTION 25 -023.PDF Resolution 25 -024 Calling A Hearing On The Proposed Assessments For The 2025 Street Improvement Project RESOLUTION 25 -024.PDF Public Works Annual Report (No Action Needed) Jeremy Gumke, Public Works Director, presenting. PRESENTATION.PDF Police Annual Report (No Action Needed) Jeff Spiess, Police Chief, presenting. PRESENTATION.PDF Reports From City Manager And Council Members. 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 three 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. Those unable to attend the meeting in person may submit comments via the City's PUBLIC COMMENTS FORM . Information And Announcements. Future Agenda Items FUTURE AGENDA ITEMS.PDF Adjournment If you would like to request special accommodations or alternative formats, please contact the City Clerk at 612 -782 -3314 or email city@savmn.com . People who are deaf or hard of hearing can contact us by using 711 Relay. Our Mission is to promote a high quality of life to those we serve through outstanding city services. I.II.III.IV.V.A.Documents:VI.A.Documents:B.Documents:C.Documents:VII.VIII.A.Documents:IX.A.Documents:B.Documents:a.Documents:b.Documents: c. Documents: C. Documents: D. Documents: X. XI. XII. A. Documents: XIII. 3 THIS PAGE LEFT INTENTIONALLY BLANK 4 St. Anthony Fire Department Oath of Office I, Samantha Herrera-Fletcher, promise that I will humbly serve the public with an urgent response to their crisis. That I will, at all times, conduct myself in a manner that reflects positively on the Fire Department and the City of St. Anthony. That I will uphold our values of Honesty, Integrity, Compassion and Respect. Finally, I promise to follow the policies of the fire department, uphold the laws of our state and nation, and the ordinances of the City of St. Anthony and that I will faithfully discharge my duties to the best of my abilities, so help me GOD. Sworn before me on this 25th day of March, 2025 ______________________________________ CAPTAIN HERRERA-FLETCHER ______________________________________ WENDY WEBSTER, MAYOR ______________________________________ IZZY DIAZ, FIRE CHIEF 5 St. Anthony Fire Department Oath of Office I, Ryan Snyder, promise that I will humbly serve the public with an urgent response to their crisis. That I will, at all times, conduct myself in a manner that reflects positively on the Fire Department and the City of St. Anthony. That I will uphold our values of Honesty, Integrity, Compassion and Respect. Finally, I promise to follow the policies of the fire department, uphold the laws of our state and nation, and the ordinances of the City of St. Anthony and that I will faithfully discharge my duties to the best of my abilities, so help me GOD. Sworn before me on this 25th day of March, 2025 ______________________________________ CAPTAIN SNYDER ______________________________________ WENDY WEBSTER, MAYOR ______________________________________ IZZY DIAZ, FIRE CHIEF 6 CITY OF ST. ANTHONY 1 CITY COUNCIL REGULAR MEETING MINUTES 2 MARCH 11, 2025 3 4 I. CALL TO ORDER. 5 6 Mayor Wendy Webster called the meeting to order at 7:00 p.m. 7 8 II. PLEDGE OF ALLEGIANCE. 9 10 Mayor Wendy Webster invited the Council and audience to join her in the Pledge of Allegiance. 11 12 III. ROLL CALL. 13 14 Present: Mayor Webster, Councilmembers Doolan, Elnagdy, Jenson and Randle. 15 16 Absent: None. 17 18 Also Present: City Manager Charlie Yunker, Assistant City Manager Ashley Morello, NineNorth 19 Executive Director Jeff Ongstad, and Association of Nonsmokers-MN Representative 20 Emily Anderson 21 22 23 CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE 24 FOLLOWING ITEMS. 25 26 IV. APPROVAL OF MARCH 11, 2025 CITY COUNCIL MEETING AGENDA. 27 28 Motion by Councilmember Doolan, seconded by Councilmember Jenson, to approve the City 29 Council Meeting Agenda of March 11, 2025 as presented. 30 31 Motion carried 5-0. 32 33 V. PROCLAMATIONS AND RECOGNITIONS. 34 35 A. NineNorth Presentation. 36 37 NineNorth Executive Director Jeff Ongstad reviewed the NineNorth Fact Sheet in detail. He 38 provided General Information, NineNorth and St. Anthony Village, and 2025 and Beyond. 39 40 Councilmember Doolan thanked Mr. Ongstad for their services. She asked if both sports and 41 music concerts are covered and Mr. Ongstad stated they try to cover everything they hear about. 42 43 Councilmember Jenson thanked Mr. Ongstad for the detailed overview and that there are goals 44 set. 45 46 Mayor Webster noted she serves on the Board of NineNorth. 47 48 VI. CONSENT AGENDA. 49 7 City Council Regular Meeting Minutes March 11, 2025 Page 2 1 A. Approve February 25, 2025 Council Meeting Minutes. 2 B. License and Permits. 3 C. Claims. 4 D. Resolution 25-021 – Authorizing City Application for a Cannabis Dispensary Retail 5 License. 6 7 Motion by Councilmember Elnagdy, seconded by Councilmember Randle, to approve the 8 Consent Agenda items. 9 10 Motion carried 5-0. 11 12 VII. PUBLIC HEARING. 13 14 A. Ordinance 2025-01 – Regulating the Sale of Tobacco and Related Devices and Products 15 (First Reading). 16 17 Ms. Emily Anderson, representing the Association of Nonsmokers-MN reviewed a PowerPoint 18 of Commercial Tobacco Prevention: Overview of Proposed Ordinance Updates. The 19 presentation included Who We Are, Swiss Cheese Model of Commercial Tobacco Prevention, 20 Commercial Tobacco is Still a Problem, All Minnesotans Pay the Price for Tobacco’s Harm, Use 21 of Any Commercial Tobacco Products in the Last 30 Days, I Don’t Smoke, I just Vape, 22 Minnesota Youth Tobacco Survey 2023, The Impact of Nicotine on the Adolescent Brain, How 23 can Minnesota Communities Address These Issues, Best Practice: Policy Options to Address 24 Appeal, Access, & Affordability, Don’t Discount My Life: Price Discounting, What is Price 25 Discounting, How Do People Receive Coupons, What Happens at the Retail Level, Are Coupons 26 Effective, How Do Discounts Impact Use, What About Price, Capping the Number of Tobacco 27 Licenses, Capping: What Have Other Cities Done, Increasing Penalties for Retailers, MN Statute 28 Updates: Penalties, and Why Address Commercial Tobacco Locally. 29 30 Also provided for Council consideration were Price Discounting Fact Sheet 2025, Citations for 31 SAV, Price Fact Sheet, Price Key Points, Ordinance 2025-01 and Notice of Public Hearing. 32 33 Mayor Webster opened the public hearing at 7:33 p.m. 34 35 Ms. Jeanne Weigum, 1647 Laurel, St. Paul, is a volunteer with the Association of Nonsmokers. 36 She stated that price is one of the most influential factors about young people starting and getting 37 adults to quit smoking. Price matters. Tobacco manufacturers try to influence people with a 38 “good price”. There is a minimum price for cigars in St. Paul. In 2021, St. Paul placed a similar 39 ordinance to what Council is considering this evening. She distributed some advertising 40 information for Council consideration. The sellers are adhering to the Ordinance very well. 41 There is no outdoor advertising in St. Paul at this time for tobacco. She encouraged Council to 42 adopt the ordinance. 43 44 8 City Council Regular Meeting Minutes March 11, 2025 Page 3 Ms. Mg Linh Nguyen, Youth Advocate with Ramsey County Youth Action Team, read a 1 prepared statement. She has seen firsthand the damages of tobacco use. She is in favor of the 2 Ordinance. 3 4 Ms. Sylvia Amos, 1918 Thomas Avenue North, is in support of the proposal. She is President of 5 the Women’s Auxiliary Baptist Convention and a Community Organizer for MN Nonsmokers. 6 Tobacco costs the community a lot in lives and money. $824 is spent for every adult and child in 7 MN. 6500 lives are lost every year to this deadly product. Her family has been affected by the 8 use of menthol tobacco. Lives should be put above profits. 9 10 Mr. Ephraim Olani, Executive Director of Sub-Saharan African Youth and Family Services 11 (SAYFSM) of MN, stated their mission is to address the most pressing health challenges in the 12 African communities. He lived in St. Anthony for 8 years. He is a member of Nativity Lutheran 13 Church. He fully supports the efforts of the City Council. There are strong tobacco ordinances in 14 Minneapolis and St. Paul, among other communities. He is in support of this Ordinance. 15 16 Councilmember Elnagdy thanked all for the information. 17 18 Councilmember Randle stated his opinion on this is known to Council. He agrees the tobacco 19 companies target blacks and especially urban blacks. He is the only one in his family who does 20 not smoke. It is a choice if people want to smoke or not. He has an issue when being told what he 21 can and what he cannot do. He does not agree with the number of fines and asked if they push 22 that hard about marijuana. He can make up his own mind if he wants to smoke or not. 23 24 Mayor Webster stated Councilmember Randle was very open and honest about his feelings at a 25 Council work session. Previously he was in favor of changing the age to purchase tobacco items 26 to age 21. During the first session of the Mayor’s Youth Council, concerns expressed were 27 similar to those of adults, including safety, knowing neighbors, picking up trash, and ways to 28 stop their peers from starting to vape. 29 30 Councilmember Doolan thanked the youth for coming to the meeting. Youth are concerned about 31 other youth and she is concerned about youth becoming addicted. 32 33 Mayor Webster closed the public hearing at 7:54 p.m. 34 35 Councilmember Elnagdy asked Ms. Anderson about the fee schedule for penalties for license 36 violations and why the fee is not increased for the third violation. Ms. Anderson stated there is 37 no cap to fees. Mayor Webster stated the current St. Anthony fees were lower than the 38 recommendations. Ms. Anderson stated Roseville’s ordinance is the same as the one proposed 39 for St. Anthony. 40 41 Councilmember Doolan asked if there were any occurrences of a 2nd or 3rd violation and Mr. 42 Yunker stated there were not. She was interested in the slide showing changes between 2022 and 43 2023. She asked if products are becoming more addictive. Ms. Anderson stated the amount of 44 nicotine and how it is absorbed has increased, which increases addictiveness. 45 46 9 City Council Regular Meeting Minutes March 11, 2025 Page 4 Councilmember Jenson stated alcohol products and cigarettes require 21 years of age to 1 purchase. Adults have a choice to do it or not to do it. The price causes a preventative measure 2 for youth under 21 to start purchasing. He is in favor of raising the price. 3 4 Councilmember Doolan asked about access to cessation programs and does the City have a 5 requirement to provide education on how to quit. Ms. Anderson stated the State of MN has a 6 robust cessation program for both youth and adults. Communication needs to increase to make 7 people aware of these programs. Councilmember Doolan asked if there is a history of lawsuits 8 when Cities pass ordinances such as this and Ms. Anderson stated she has not seen any lawsuits 9 regarding the components being considered in the Ordinance. 10 11 Motion by Councilmember Jenson, seconded by Councilmember Doolan, to approve First 12 Reading of Ordinance 2025-01 – Regulating the Sale of Tobacco and Related Devices and 13 Products. 14 15 Motion carried 4-1(Randle). 16 17 VIII. REPORTS FROM COMMISSION AND STAFF - NONE. 18 19 IX. GENERAL BUSINESS OF COUNCIL - NONE. 20 21 X. REPORTS FROM CITY MANAGER AND COUNCIL MEMBERS. 22 23 City Manager Yunker had no report. 24 25 Councilmember Randle had no report. 26 27 Councilmember Doolan stated that on March 3 and March 5, she participated in Connect with 28 the Council events. On March 6th she participated in the League of MN Cities on the Hill 29 Meeting. On March 11th she attended a Minnesota Cities Climate Coalition Meeting. Earlier 30 today she met with the MWMO Board. On March 10th she attended the Chamber of Commerce 31 Meeting. Their Annual Meeting will be April 24th at 8:00 p.m. at JAX Café. 32 33 Councilmember Jenson stated on March 4, he attended the Northeast Kiwanis Meeting along 34 with Councilmember Doolan. On March 6, he attended the League of MN Cities on the Hill. 35 36 Councilmember Elnagdy attended Coffee with the Council the first week of March. 37 38 Mayor Webster stated on Wednesday, April 26 she attended the Mayor’s Youth Council 39 Meeting. On March 5th she attended Connect with the Council at the Legends with 40 Councilmember Doolan. On Thursday, March 6th she attended MN Cities Day on the Hill. 41 42 XI. COMMUNITY FORUM. 43 44 Dr. Rachel Huckford, 3143 Stinson Blvd., stated two years ago, she moved to Minnesota. She is 45 concerned about the deportation of people to Guantanamo Bay. She requested St. Anthony to 46 10 City Council Regular Meeting Minutes March 11, 2025 Page 5 continue to express protection to the Villagers. She wants policies to be added to the Police 1 Department to add safeguards for the most vulnerable of residents. She distributed information to 2 the Council. She wants to have the additional protections that officers will not request 3 documentation when making arrests. The City of Roseville has these protections. 4 5 XII. INFORMATION AND ANNOUNCEMENTS. 6 7 A. Future Agenda Items. 8 9 The next Work Session Meeting and Regular Council Meeting will be held on March 25, 2025. 10 11 Councilmember Doolan and Councilmember Jenson will be at Chandler Place from 11:30 – 12 12:00 p.m. for a Connect With The Council Session. 13 14 April 24 is the Chamber of Commerce Annual Meeting. 15 16 XIII. ADJOURNMENT. 17 18 Motion by Councilmember Elnagdy, seconded by Councilmember Jenson to adjourn the meeting 19 at 8:20 p.m. 20 21 Motion carried 5-0. 22 23 Respectfully submitted, 24 Debbie Wolfe 25 TimeSaver Off Site Secretarial, Inc. 26 27 28 29 Mayor 30 ATTEST: 31 City Clerk 32 33 11 THIS PAGE LEFT INTENTIONALLY BLANK 12 Saint Anthony Village DATE: March 25, 2025 Approved: TO: Mayor and Councilmembers FROM: License Clerk ITEM: License and Permits for Approval: General Contractor License Garden City LLC, Dayton, MN Gardner Builders, Minneapolis, MN Northland Fence Ramsey LLC, Ramsey, MN Mechanical Contractor License: High Road Heating & Cooling Co., Long Lake, MN Patton Heating & AC Inc, East Bethel, MN Total Comfort, Golden Valley, MN Cigarette and Tobacco Licenses: Applicant: Holiday Stationstores, LLC #2746477 Location: 810 Silver Lake Rd NE Residential Rental Licenses (2024): Applicant: Richard Herrmann Location: 2601 Kenzie Terrace #512 Special Event Beer Permit: Applicant: Shannon Foreman Location: Central Park Date: May 8, 2025 Applicant: Janice Huss Location: Central Park Date: June 1, 2025 Beer & Wine Liquor License: Applicant: GC Ventures (National Grill) Location: 2201 St. Anthony Blvd. 13 THIS PAGE LEFT INTENTIONALLY BLANK 14 City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 1 Check Issue Dates: 3/12/2025 - 3/25/2025 Mar 18, 2025 02:53PM Vendor Number Payee Check Issue Date Amount 11792 INTERNATIONAL UNION LOCAL #49 03/14/2025 385.00 11793 LAW ENFORCEMENT LABOR SERVICES 03/14/2025 1,533.00 10002 LOCAL UNION IAFF #3486 03/14/2025 400.08 10710 MISSION SQUARE 03/14/2025 1,616.15 2048 4815 EXCELSIOR LLC 03/25/2025 935.00 1118 56 BREWING 03/25/2025 511.00 10029 ADVANCED GRAPHIX, INC. 03/25/2025 1,485.00 13215 API GARAGE DOOR INC 03/25/2025 6,360.00 1100 ARTISIAN BEER COMPANY 03/25/2025 6,521.38 12180 ARVIG CONSTRUCTION 03/25/2025 352.50 1013 BELLBOY CORPORATION 03/25/2025 6,459.75 1014 BELLBOY CORPORATION 03/25/2025 187.40 8544 BOURGET IMPORTS 03/25/2025 350.00 1018 BREAKTHRU BEVERAGE MINNESOTA BEER LLC 03/25/2025 30,271.95 1011 BREAKTHRU BEVERAGE MN WINE & SPIRITS LL 03/25/2025 5,159.80 1009 BREAKTHRU BEVERAGE MN WINE & SPIRITS LL 03/25/2025 2,860.35 2014 BROKEN CLOCK BREWING 03/25/2025 62.00 1017 CAPITOL BEVERAGE SALES 03/25/2025 9,149.68 10252 CENTERPOINT ENERGY 03/25/2025 11,606.93 10263 CENTURYLINK 03/25/2025 844.77 12596 CINTAS CORPORATION 03/25/2025 1,883.09 10307 CIVIC SYSTEMS, LLC 03/25/2025 1,000.00 13337 CL BENSEN CO., INC 03/25/2025 115.42 1042 CRYSTAL SPRINGS ICE 03/25/2025 154.80 10375 DALCO 03/25/2025 323.88 2049 Dangerous Man Brewing Co. 03/25/2025 820.76 10393 DELL MARKETING LP 03/25/2025 2,525.76 10432 DORSEY & WHITNEY 03/25/2025 4,857.00 13372 DUSK SYSTEMS LLC 03/25/2025 467.88 2042 ELM CREEK BREWING COMPANY 03/25/2025 350.00 10526 FLEETPRIDE 03/25/2025 90.23 13454 FOX GRANTS 03/25/2025 537.50 10573 GOODIN COMPANY 03/25/2025 542.27 10578 GOPHER STATE ONE CALL 03/25/2025 36.45 10585 GRAINGER 03/25/2025 2,430.96 1021 GREAT LAKES COCA COLA 03/25/2025 922.54 13453 GREEN WIZE ENERGY SOLUTIONS 03/25/2025 617.23 2024 HEADFLYER BREWING 03/25/2025 562.00 10661 HENNEPIN COUNTY TREASURER 03/25/2025 3,916.47 1019 HOHENSTEIN'S INC 03/25/2025 10,380.55 10684 HOME DEPOT CREDIT SERVICES 03/25/2025 274.81 2044 INSIGHT BREWING COMPANY 03/25/2025 1,468.31 10733 INSTRUMENTAL RESEARCH, INC. 03/25/2025 125.00 13452 JAMES MCINTOSH 03/25/2025 136.67 13052 JEFF BELZERS ROSEVILLE 03/25/2025 180.48 13455 JETLINE SALES & SERVICES 03/25/2025 5,099.00 1004 JOHNSON BROTHERS LIQUOR COMPANY 03/25/2025 5,173.20 1005 JOHNSON BROTHERS LIQUOR COMPANY 03/25/2025 3,279.70 1006 JOHNSON BROTHERS LIQUOR COMPANY 03/25/2025 18,534.17 1044 JOHNSON BROTHERS LIQUOR COMPANY 03/25/2025 7,373.30 10790 KILLMER ELECTRIC COMPANY, INC. 03/25/2025 19,193.50 10816 LANGUAGE LINE SERVICES 03/25/2025 132.66 12894 LEAST SERVICE COUNSELING LLC 03/25/2025 810.00 15 City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 2 Check Issue Dates: 3/12/2025 - 3/25/2025 Mar 18, 2025 02:53PM Vendor Number Payee Check Issue Date Amount 2045 LIBATION PROJECT 03/25/2025 829.88 10861 LOFFLER COMPANIES - 131511 03/25/2025 276.12 2010 LUPULIN BREWING 03/25/2025 1,338.80 10882 MAMA 03/25/2025 35.00 11985 MANSFIELD OIL COMPANY 03/25/2025 5,730.37 2029 MEGA BEER 03/25/2025 330.00 10916 MENARDS LUMBER 03/25/2025 196.60 13241 METRO INET 03/25/2025 25,213.00 10937 MIDC ENTERPRISES 03/25/2025 273.45 10994 MINNESOTA OCCUPATIONAL HEALTH 03/25/2025 123.00 13162 MNSPECT LLC 03/25/2025 36,279.96 2006 MODIST BREWING COMPANY 03/25/2025 752.15 13363 MSTS RECEIVABLES LLC 03/25/2025 48.95 1051 NEW FRANCE WINE COMPANY 03/25/2025 877.50 13060 NINENORTH 03/25/2025 957.50 2052 NOTHING BUT HEMP LLC 03/25/2025 432.00 13210 ODP BUSINESS SOLUTIONS LLC 03/25/2025 987.22 13247 OECS 03/25/2025 950.00 12112 OREILLY AUTO PARTS 03/25/2025 527.99 1012 PAUSTIS & SONS 03/25/2025 2,684.25 1001 PHILLIPS WINE & SPIRITS 03/25/2025 15,319.68 1002 PHILLIPS WINE & SPIRITS 03/25/2025 8,881.75 2019 PRYES BREWING COMPANY 03/25/2025 950.75 11316 RDO EQUIPMENT CO PWR PLAN 03/25/2025 284.43 1062 RED BULL DISTRIBUTION COMPANY 03/25/2025 834.88 1020 ROOTSTOCK WINE COMPANY 03/25/2025 233.00 2047 RUE 38 LLC 03/25/2025 532.00 2018 SMALL LOT WINES 03/25/2025 242.08 2051 SOCIABLE CIDER WERKS 03/25/2025 138.00 1024 SOUTHERN GLAZER'S OF MN 03/25/2025 7,202.47 1008 SOUTHERN GLAZER'S OF MN 03/25/2025 3,262.65 1026 SOUTHERN GLAZER'S OF MN 03/25/2025 5,166.38 12760 SSI MN TRANCHE 1 LLC 10322006 03/25/2025 389.76 11502 STREICHERS 03/25/2025 6,757.98 12026 SUBURBAN RATE AUTHORITY 03/25/2025 498.00 13393 THOMSON REUTERS - WEST PAYMENT CENTER 03/25/2025 170.00 11566 TIMESAVERS OFF SITE SECRETARIAL 03/25/2025 253.00 11586 TRACY PRINTING 03/25/2025 227.03 1098 TRADITION WINE & SPIRITS 03/25/2025 166.00 11819 TRUE NORTH ELECTRIC 03/25/2025 1,612.00 11612 TWIN CITY JANITOR SUPPLY 03/25/2025 371.18 11626 U.S. BANK (PURCHASING CARD) 03/25/2025 9,659.03 2007 URBAN GROWLER 03/25/2025 827.50 12776 USS MINNESOTA ONE MT LLC 03/25/2025 3,572.72 11674 VERIZON WIRELESS 03/25/2025 50.21 11681 VIKING ELECTRIC SUPPLY INC 03/25/2025 179.70 1025 VINOCOPIA 03/25/2025 789.25 1034 WINE COMPANY THE 03/25/2025 4,768.27 1038 WINE MERCHANTS INC 03/25/2025 5,515.00 1032 WINEBOW 03/25/2025 339.00 11738 WSB & ASSOCIATES INC. 03/25/2025 48,458.25 16 City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 3 Check Issue Dates: 3/12/2025 - 3/25/2025 Mar 18, 2025 02:53PM Vendor Number Payee Check Issue Date Amount Grand Totals: 387,863.02 17 THIS PAGE LEFT INTENTIONALLY BLANK 18 MEMORANDUM To: Mayor Webster and St. Anthony Village City Council Charlie Yunker, City Manager From: Stephen Grittman, City Planner Date: City Council Meeting – March 25, 2025 GC Project No. 140.00 Request: General Code Amendments Property Address: NA Property PID: NA PROJECT DESCRIPTION The attached ordinance presents the first reading of a series of proposed code amendments for consideration and discussion. This version is redlined to identify the changes from current code, with yellow highlighting to identify updates since the Council’s worksession discussion on this ordinance on March 11, 2025. The code sections are summarized briefly below to assist in the Council’s discussion and review, and notations are made reflecting the comments from the worksession. PLANNING COMMISSION ACTION As noted, the Planning Commission held a public hearing on items specifically related to zoning actions. The Commission passed many of these on for eventual adoption by the City Council, which staff has prepared as a package with both zoning and general code items. PROPOSED ORDINANCE SECTIONS Section 1. This language incorporates a penalty fee clause for property owners who proceed to do work without the requisite zoning or other applicable permits. The Building Code (separate from the City Code) imposes a double-fee for those who undertake a construction project without the required Building Permit. This clause enables the City to set an appropriate penalty fee as a part of the City’s fee schedule, which is typically adopted and updated on an annual basis. (NO CHANGES) Section 2. Resets the “Retaining Wall” Definition in the fence section, changing it from “Wall, Retaining”, for simple clarity and to track with how the term is used in the Code. The text of 19 March 25, 2025 Page 2 the definition does not change, with the exception that a clause is added to clarify that retaining walls must meet the requirements of other fences, consistent with current practice. (NO CHANGES) Section 3. This change updates the City’s recently adopted natural landscape language (from 2023) to be consistent with the even more recently adopted State statutory language from 2024. (ADDED BACK LANGUAGE TO AVOID THE USE OF PESTICIDES) Section 4. This change also relates to the natural landscapes language, removing the current prohibition from planting such landscapes in the right of way, as the City has sponsored these types of alternative gardens, and modifying the maximum height of such materials, increasing it from 12 to 18 inches, also consistent with the 2024 state statutory language for managed natural landscapes. (ADDED LANGUAGE ESTABLISHING ANY EXISTING GARDENS NOT IN COMPLIANCE AS LEGAL NONCONFORMITIES). Section 5. This change deletes reference to the City’s Health Officer, which is not a designated office in the city. (INSERTED COMMA TO DISTINGUISH REQUIREMENTS FOR THREE DOGS) Section 6. This change deletes reference to the City’s Health Officer, which is not a designated office in the city. (STRUCK “OF THE CITY” AS SUPERFLUOUS LANGUAGE). Sections 7. and 8. This is a component of the Housing Maintenance chapter of the code. Prior language dealing with Temporary Storage deleted a section that could have been interpreted to accommodate moving container or “Pods” use, whereas the original intent was to prohibit the use of storage and shipping containers and long-term storage structures (usually in commercial or industrial areas). This section redefines for temporary storage specific to residential uses, then limits size to 128 square feet, whereas industrial shipping containers are usually a minimum of 320 square feet. (NO CHANGES) Sections 9 and 10. This section addresses transient merchants and peddlers. The City Code has a number of licensing and procedural requirements for such merchants, but notes also that any such merchant is required to hold a county license. In researching this process, it was noted that both Hennepin and Ramsey County have extensive licensing requirements for transient merchants and peddlers. Staff proposes deletion of this City licensing/regulatory requirement to eliminate overlap and clarify regulatory responsibilities. One existing short section is retained, specifying that the intent of the [County] licensing may not be to limit anyone’s 20 March 25, 2025 Page 3 legitimate exercise of Constitutional rights, including free speech, expression, press, religion, etc. (ADDED A TIMEFRAME FOR SOLICITORS OF 7:00am – 9:00pm, which is consistent with current SAV Code language. Roseville uses this same time limit. New Brighton does not appear to have a limit. Columbia Hts. uses 9:00am – 9:00pm, M-Sat, Noon – 6:00pm Sunday) Sections 11. and 12. Adoption/Admin language. There are several sections of the code dealing with enforcement, and that refer to the Code “Enforcement” Official. This language will be replaced with the revised title Code “Compliance” Official. Secondly, the current zoning language has a number of sections that refer to “permitted” activities. Many of these are more accurately rendered as “allowed” activities. Because a “Permitted Use” is a term of art that refers specifically to uses that DO NOT require further permitting, the text is being updated to inclusively refer to “allowed” uses, which may be permitted, licensed, conditional, or require some other process. (NO CHANGES) Section 13. Recreational Fires. This section makes changes to recreational burning in the following ways, in response to Fire Department recommendations and recent experiences with recreational fires in the community: • Adds a restriction for fire size that reduces allowable height for portable fireplaces, reducing the allowance for 3 feet (for ground-level fires) to 2 feet. • Specifies that manufactured materials (such as treated wood, plastic, etc. is not to burned in a recreational fire. • Adds clarification to the 25 foot setback for recreational fires. • Adds a requirement to extinguish the fire if it is not in compliance with the code; and • Replaces statutory references with a general requirement for compliance (due to constantly changing statutes, rules, and other regulations). (DELETED DUPLICATE SUBPARAGRAPH) Section 14. Nuisance Noise. This section modifies the recently adopted language to set a noise decibel level at the property line, rather than a distance measurement. While the distance measurement is arguably easier to measure, it is subjective, in that it depends on the subjective impression of the listener. The revised language is a numeric measurement by a decibel meter. This is a verifiable standard, and while not perfect, there are a variety of smartphone apps that provide an easy method of approximating decibel measurements to aid in ensuring compliance. (NO CHANGES) Section 15. Dangerous Dogs. This section is proposed to be updated to add definitions for various terms used in the text of the existing code (and makes one statutory reference update). The definitions are for “Dangerous Dog”, “Potentially Dangerous Dog”, “Proper Enclosure”, and 21 March 25, 2025 Page 4 “Substantial Bodily Harm”. These definitions are drawn largely from statute, and/or from representative ordinances in nearby communities. (NO CHANGES) Section 16. Temporary “For Rent” Signs on Rental Property. This update adds a category of temporary sign to allow residential property owners to display a notice during times when they are actively attempting to rent a dwelling unit. The ordinance language is written to specify that the sign may be displayed during those times. However, we are not permitted to require that such signs only advertise the rental. This would be a content-based regulation, which we cannot require. Instead, we rely on the likelihood that most landlords will use this opportunity to provide notice of the vacant dwelling, rather than for other speech. (NO CHANGES) SUMMARY/COUNCIL ACTION The revisions are intended to reflect City Council discussion and direction on this group of Code Updates. If they are acceptable, or with any additional direction, staff requests: City Council approval of the First Reading of Ordinance No. 2025 – 02. ATTACHMENTS Exhibit A: Draft Ordinance 22 ORDINANCE NO. 2025-02 1 CITY OF SAINT ANTHONY HENNEPIN AND RAMSEY COUNTY, MINNESOTA AN ORDINANCE AMENDING THE ST. ANTHONY CITY CODE, BY AMENDING SECTIONS OF THE CITY CODE RELATING TO ADMINISTRATION, PERMITTING AND FEES, SIGNAGE, NATURAL LANDSCAPES, TRANSIENT/TEMPORARY BUSINESS LICENSING, PERFORMANCE STANDARDS, PERMITTED USES, TEMPORARY SIGNS, DANGEROUS ANIMALS, RECREATIONAL FIRES, NUISANCES, AND LAND USE ENFORCEMENT AND COMPLIANCE THE CITY COUNCIL OF THE CITY OF ST. ANTHONY HEREBY ORDAINS: Section 1. Section §33.001 is hereby amended to read as follows: 33.001 FEES The city’s fee, rates, and charges for licenses, permits, and municipal services are the amounts set forth in this chapter. Actions taken without first obtaining the required licenses or permits or any applications for renewal license submitted after the license term expiration or otherwise a declared application deadline are subject to a penalty fee, which shall be determined from time to time by the City Council. Section 2. Section §154.007 is hereby amended to add the following: 154.007 Definitions: Wall, Retaining Wall Retaining Wall: That which is erected as a permanent barrier, affixed along its entire length to the ground or some immovable structure to impede the movement or erosion of soil. Retaining Walls shall be subject to the applicable requirements of other fences. Section 3. Section §151.04 is hereby amended to read as follows: 151.04 Definitions: POLLINATOR GARDEN. A specific area on the property planted and designed, with specific nectar and pollen producing plants, in a way that attracts pollinating insects known as pollinators. In order for a garden to be considered a POLLINATOR GARDEN, it should provide (but not limited to) the following: various nectar producing flowers, shelter, or shelter providing plants for pollinators, avoid the use of pesticides, and place similar flowers close to one another. 23 ORDINANCE NO. 2025-02 2 MANAGED NATURAL LANDSCAPES: planned, intentional, and maintained planting of native or nonnative grasses, wildflowers, forbs, ferns, shrubs, or trees, including but not limited to rain gardens, meadow vegetation, and ornamental plants. Managed natural landscapes are expected to avoid the use of pesticides. Managed natural landscapes does not include turf-grass lawns left unattended for the purpose of returning to a natural state. Section 4. Section 151.10(E) is hereby amended to read as follows: (E)Yard cover. Every yard of premises on which a dwelling stands must be covered by lawns and/or ground cover of vegetation, gardens, hedges, shrubbery, rock or wood mulch, or related decorative materials consistent with those commonly available at home and garden stores, and must be maintained. Once an area has been converted to turf grass the land owner shall not allow the turf grass to exceed the height of 6 inches or be allowed to go to seed. No land owner may permit or maintain on the land any growth of weeds, grass, brush or other rank vegetation to exceed the height of 6 inches, any accumulation of dead weeds, grass or brush, or any noxious weeds or plants as defined by the Minnesota Department of Agriculture. Gardens (pollinator, vegetable, flower, rock, etc.) are permitted types of yard cover, and must be maintained and not encroach on other property or the right of way. The planned, intentional, and maintained planting of native or nonnative grasses, wildflowers, forbs, ferns, shrubs, or trees, including but not limited to rain gardens, meadow vegetation, and ornamental plants, known as managed natural landscapes, shall be allowed. Managed natural landscapes does not include turf-grass lawns left unattended for the purpose of returning to a natural state. (1) Any natural or native grass vegetation Managed natural landscapes exceeding six (6) inches shall not be any closer to a fire source than twenty-five (25) feet. (2) Setback requirements for surfaces covered by native vegetation and/or pollinator gardens managed natural landscapes shall be a minimum of three (3) feet from a side yard property line. No vegetative growth greater than twelve (12) eighteen (18) inches in height five (5) feet from any public roadway adjacent to the front yard, and for corner houses, a public roadway adjacent to the side yard. (3) Managed natural landscapes existing prior to the adoption of this ordinance that do not conform to the standards of this Section shall be considered legal nonconformities. Expansion of the nonconformity shall not be allowed, but alterations may be made to make the landscape more conforming. Section 5. Section 91.56 is hereby amended to read as follows: 91.56 KEEPING OF CERTAIN ANIMALS. No person may keep farm animals or wild animals as defined in this code, nor more than two dogs, or three dogs allowed under §§ 91.01 through 91.03, or fowl, within the city nearer than 500 feet to any human habitation or platted land, 24 ORDINANCE NO. 2025-02 3 without approval of the City Council. The City Council may, before approving or denying any request for approval, request a report from the Health Officer concerning the effect on public health. Section 6. Section 112.18(B) is hereby amended to read as follows: INSPECTIONS AND INVESTIGATIONS (B) Police and health authorization. All police officers, or sanitarians, or health officers of the city may inspect a multiple dwelling when requested to do so by the City Manager or designee. Section 7. Section 151.04 Housing Maintenance Definitions, is hereby amended to add the following: Definitions - TEMPORARY STORAGE CONTAINER: A fully enclosed storage unit or container without a permanent foundation and not exceeding 128 square feet, designed to be capable of relocation via towing, hauling or attachment to a vehicle form one site to another. Section 8. Section 151.10 is hereby amended to add the following: 151.10 (K) Temporary Storage Containers: A single temporary storage container, as defined by the chapter, may be placed and used on a property subject to the following requirements; 1) Must be placed on an improved surface as defined in code. 2) Duration may not exceed thirty (30) days. 3) Shall be placed no closer than five feet from any side or rear property line. 4) Shall not be placed within or as to block any portion of a sidewalk, path, or trail. 5) Shall not be placed within 15 feet of a water/fire hydrant. Section 9. Section 115.067 is hereby deleted in its entirety. Section 10. Section 115.067 is hereby amended to read as follows: 115.067 LICENSING; EXEMPTIONS. (A) County license required. No person shall conduct business as a peddler, solicitor, or transient merchant within the city limits without first having obtained the appropriate license from the county as required by M.S. Chapter 329, as it may be amended from time to time, if the county issues a license for the activity. (B) No license shall be required of any person going from house-to-house, door- to-door, business-to-business, street-to-street, or other type of place-to-place when the activity is for the purpose of exercising that person’s state or federal constitutional rights such as the freedom of speech, press, religion, and the like, except that this exemption may be lost if the person’s exercise of constitutional rights is merely incidental to a commercial activity. 25 ORDINANCE NO. 2025-02 4 (C) No licensee shall conduct business in residential areas of the City except between the hours of 7:00 a.m. and 9:00 p.m. Section 11. The City Code of the City of St. Anthony is hereby amended as follows: Wherever the term Code “Enforcement Official” is found, such title is hereby revised to read Code “Compliance Official”. The City Clerk shall mark the official zoning ordinance to effectuate this amendment. Section 12. Section 154, Land Usage (Zoning) is hereby amended as follows: Section 154, Land Usage, is hereby amended to modify the term “permitted” to “allowed” where designated by the Zoning Administrator. The City Clerk shall mark the official zoning ordinance to effectuate this amendment. Section 13. Section 97.36 is hereby amended to read as follows: 97.36 CAMP FIRES: RECREATIONAL FIRES BURNING A permit is required. Recreational and camp fires require a permit, and must comply with the following requirements: (A) Burning shall occur between 9:00 a.m. and 11:00 p.m. on Sundays, Mondays, Tuesdays, Wednesdays, and Thursdays. (B) Burning shall occur between 9:00 a.m. and midnight on Fridays and Saturdays. (C) Burning may occur between 9:00 a.m. and midnight when the following day is a federal holiday; (D) The fire Fires established at ground level shall not exceed 3 feet in diameter and a flame height of three (3) feet from the adjacent ground level; Fires established within a portable fireplace shall not exceed a flame height of two (2) feet above the lower pan of the device. (E) Only clean wood or charcoal may be burned. No burning of trash, refuse, leaves or brush is allowed The only materials permitted in a recreational fire are wood from trees, small branches, brush, or charcoal. Treated lumber materials, construction debris, garbage, plastic materials, or waste materials are not allowed to be burned in recreational fires. (F) The fire is ignited with an approved fire starter. (G) The fire is constantly attended by a person knowledgeable in the use of fire extinguishing equipment and an attendant supervises the fire until the fire has been totally extinguished. (H) Fire-extinguishing equipment, such as buckets, shovels or garden hoses, are readily available. (I) The fire is not conducted within 25 feet of a structure or combustible materials; The only materials permitted in a recreational fire are wood from trees, small branches, brush, or charcoal. Treated lumber materials, construction debris, garbage, plastic materials, or waste materials are not allowed to be burned in recreational fires. Formatted: Normal, Indent: Left: 1.5", No bullets or numbering Formatted: Font: Times New Roman 26 ORDINANCE NO. 2025-02 5 (J)(I) Any conditions that could cause a fire to spread within 25 of a structure shall be removed or eliminated prior to ignition; (J) Outdoor barbecue pits shall be constructed of concrete or approved noncombustible walls, roofs or other combustible material. (K) Recreational fires must be immediately extinguished if they pose a fire safety risk, if they are not in compliance with the above, or when directed to do so by the fire City Manager, or designee. M.S. §§ 88.01 through 88.22, 88.75 and 88.76 are hereby adopted by reference and made a part of this section as if fully set forth herein. Statutes or administrative rules or regulations of the state and codes and ordinances adopted by reference and may change from time to time. Section 14. Section 92.05 is hereby amended to read as follows: 92.05 PUBLIC NUISANCES AFFECTING PEACE AND SAFETY. (G) No person shall participate in any party or other gathering of people giving rise to noise, unreasonably disturbing the peace, quiet, or repose of another person, which exceeds 55 decibels when measured at the closest property line from the property emitting the noise. When a police officer determines that a gathering is creating such a noise disturbance, the officer may order all persons present, other than the owner or tenant of the premises where the disturbance is occurring, to disperse immediately. No person shall refuse to leave after being ordered by a police officer to do so. Every owner or tenant of the premises who has knowledge of the disturbance shall make every reasonable effort to see that the disturbance is stopped (V) (1) Noises prohibited. (d) Radios, phonographs, paging systems, and the like. No person shall use or operate or permit the use or operation of any radio receiving set, musical instrument, phonograph, paging system, machine, or other device for the production or reproduction of sound in a distinct and loudly audible manner as to unreasonably disturb the peace, quiet, and comfort of any person nearby. Operation of any such set, instrument, phonograph, machine, or other device between the hours of 10:00 p.m. and 7:00 a.m. in such a manner as to be plainly audible at the property line of the structure or building in which it is located, in the hallway or apartment adjacent, or at a distance of 50 feet level exceeding 55 decibels when measured at the closest property line from the property emitting the noise, if the source is located outside a structure or building, shall be prima facie evidence of a violation of this section. (V)(1) (f) This section is hereby deleted. Section 15. Section 91.30 (Definitions) is hereby amended to add the following: 27 ORDINANCE NO. 2025-02 6 Dangerous dog. Dangerous dog, per MS §347.50 Subd 2, means any dog that has: (1) without provocation, inflicted substantial bodily, as defined by MS §609.02 Sund 7a, harm on a human being on public or private property; (2) killed a domestic animal without provocation while off the owner's property; or (3) been found to be potentially dangerous, and after the owner has notice that the dog is potentially dangerous, the dog aggressively bites, attacks, or endangers the safety of humans or domestic animals. Potentially dangerous dog. Potentially dangerous dog, per MS §347.50 Subd 3, means any dog that: (1) when unprovoked, inflicts bites on a human or domestic animal on public or private property; (2) when unprovoked, chases or approaches a person, including a person on a bicycle, upon the streets, sidewalks, or any public or private property, other than the dog owner's property, in an apparent attitude of attack; or (3) has a known propensity, tendency, or disposition to attack unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals. Proper enclosure. Proper enclosure means securely confined indoors or in a securely enclosed and locked pen or structure suitable to prevent the animal from escaping and providing protection from the elements for the dog. A proper enclosure does not include a porch, patio, or any part of a house, garage, or other structure that would allow the dog to exit of its own volition, or any house or structure in which windows are open or in which door or window screens are the only obstacles that prevent the dog from exiting. Substantial bodily harm. Per M.S. § 609.02, subd. 7a, means bodily injury which involves a temporary but substantial disfigurement, or which causes a temporary but substantial loss or impairment of the function of any bodily member or organ, or which causes a fracture of any bodily member. Section 16. Section 157.18 is hereby amended to add the following: (157.18 - SIGNS REQUIRING NO PERMITS) (J) Residential zoned properties, with a current rental license, may place one sign per street frontage with up to two sides. The sign may be placed during or prior to a period during which a unit is vacant, or expected to be vacant, and when the landlord is actively seeking prospective tenants to fill said vacant unit. No single sign face shall exceed six (6) square feet. Such signs and sign structures shall be constructed of durable all-weather materials, such as but not limited to steel, coreaplast plastic foam-core, alumacore, polycarbonate (Lexan), vinyl and nylon 28 ORDINANCE NO. 2025-02 7 Section 17. The City Clerk is hereby directed to make the changes required by this Ordinance as part of the Official St. Anthony City Code, Title XV, Zoning Ordinance, and to renumber the tables and chapters accordingly as necessary to provide the intended effect of this Ordinance. The City Clerk is further directed to make necessary corrections to any internal citations that result from said renumbering process, provided that such changes retain the purpose and intent of the Zoning Ordinance as has been adopted. Section 18. This Ordinance shall take effect and be in full force from and after its passage and publication. This ordinance may be published by summary publication, per a duly adopted resolution of the City Council. The ordinance in its entirety and any related map shall be posted on the City website after publication. Copies of the complete Ordinance and map are available online and at St. Anthony City Hall for examination upon request. ADOPTED BY the St. Anthony City Council this ____ day of ______, 2025. __________________________________ Wendy Webster, Mayor ATTEST: ___________________________________ City Clerk AYES: NAYS: 29 NOTICE OF A PUBLIC HEARING January 21, 2025, 7:00 p.m. City Hall, 3301 Silver Lake Road, St. Anthony, MN 55418 Notice is hereby given that the City of Saint Anthony Village Planning Commission will hold a public hearing to solicit public response to proposed amendments to the Zoning Ordinance and other City Code sections including sections related to the following: Code Compliance and Remedies (Section 33 and others); Transient or Temporary Business Licensing (Section 115); Retaining Walls and Fencing (Section 150.006); Temporary Sign Compliance (Section 157.29); Natural Landscapes (Section 150.088); as well as various sections of the City Code addressing language changes related to Enforcement and Compliance. Pending Planning Commission recommendations, the City Council will also consider a first reading of the proposed amendments at their regular meeting on February 11, 2025, with subsequent readings to follow. The Planning Commission agenda and packet item relating to this application will be made available prior to the meeting online at www.savmn.com. Ways to Comment: In Person The public is welcome to attend in person at the City of Saint Anthony Community Center, 3301 Silver Lake Road, in the Council Chambers at 7:00 p.m. Written Written comments may be taken at the St. Anthony Village City Hall, 3301 Silver Lake Road, St. Anthony Village, Minnesota 55418 or online in the Planning Commission Comment form until the date of the public hearing. Comments can also be conveyed via email, to planner@savmn.com until the date of the public hearing. Questions? Questions may be directed to the City Planner at 612-409-6503. Steve Grittman City Planner 30 ORDINANCE 2025-01 CITY OF SAINT ANTHONY HENNEPIN COUNTY, MINNESOTA AN ORDINANCE REGULATING THE SALE OF TOBACCO AND RELATED DEVICES AND PRODUCTS § 115.001 PURPOSE. (A) This subchapter 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. (B) 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 as stated in M.S. § 144.391 and M.S. § 144.412, as they may be amended from time to time. (Prior Code, § 111.045) § 115.002 DEFINITIONS. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. CANNABIS or MARIJUANA. Includes “cannabis flower,” “cannabis products,” “lower-potency hemp edibles,” and “hemp-derived consumer products” and shall have the definitions given to them in M.S. § 342.01, as it may be amended from time to time. CHILD-RESISTANT PACKAGING. Packaging that meets the definition set forth in 16 C.F.R. § 1700.15(b), as in effect on January 1, 2015, and was tested in accordance with the method described in 16 C.F.R. § 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 M.S. § 297F.01, Subd. 3, as may be amended from time to time. 31 COMPLIANCE CHECKS. The process the city uses to investigate and ensure that those authorized to sell licensed products are complying with the requirements of this subchapter. COMPLIANCE CHECKS shall involve persons under the age of 21 who are authorized by this subchapter, state, and federal regulations and who purchase or attempt to purchase licensed products for educational, research, and training purposes, and for the enforcement of the aforementioned city, state, and federal regulations pertaining to licensed 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. INDIVIDUALLY PACKAGED. The practice of selling any tobacco or tobacco product wrapped individually for sale. Individually wrapped tobacco and tobacco products include, but are not 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% 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 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. The term that collectively refers to any tobacco, tobacco-related device, electronic delivery device, or nicotine or lobelia delivery product. 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 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- 32 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 M.S. § 13D.01, as it may be amended from time to time. PUBLIC PLACE. Any enclosed, indoor area used by the general public, including, but not limited to, restaurants; banks; bars; 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. PUBLIC PLACE, OUTDOOR. All city and county parks; parking lots adjacent to such parks; trails with in city parks; on the main city campus, including City Hall and fire station; on other city-owned property, including the public works maintenance facility; and adjacent parking lots to each of these facilities. RETAIL ESTABLISHMENT. Any place of business where licensed products are available for sale to the general public. RETAIL ESTABLISHMENTS include, but are 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. 33 SELF-SERVICE MERCHANDISING. The open display of licensed products in any manner where any person has access to the licensed products without the assistance or intervention of the licensee or the licensee’s employee. 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, cannabis, hemp, or other plant, whether natural or synthetic, that is intended for inhalation. SMOKING also includes carrying or using an activated electronic delivery device. 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. 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. VENDING MACHINE. Any mechanical, electric or electronic, or other type of device that dispenses licensed products upon the insertion of money, tokens, or other form of payment directly into the machine by the person seeking to purchase the licensed product. (Prior Code, § 111.046) (Ord. 2011-01, passed 4-26-2011; Ord. 2023-06, passed 11-28-2023) § 115.003 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 products at any place in the city unless a license has first been issued by the City Council as provided in this section. (B) Specifically. (1) Application. An application for a license to sell licensed products 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 34 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 one 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 § 115.012. (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. The transfer of any license to another location or person is prohibited. (6) Maximum number of licenses. The maximum number of licenses issued by the city at any time is limited to zero. The city will not issue any new licenses for the sale of licensed products after January 15, 2025. The city will only renew existing licenses to license holders that were issued prior to January 15, 2025 and have applied for renewal by March 15 of each year. Eligible parties will lose the existing license if they fail to renew it annually or if the license is revoked for any reason. (67) 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. (78) Display. All licenses shall be posted and displayed at all times in plain view of the general public on the licensed premises. (89) 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, 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. (Prior Code, § 111.047) § 115.004 FEE. 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. 35 (Prior Code, § 111.048) § 115.005 BASIS FOR DENIAL OF LICENSE. (A) The following shall be grounds for denying the issuance or renewal of a license under this subchapter. (1) The applicant is under 21 years of age. (2) The applicant has been convicted within the past five years of any violation of a federal, state, or local law, ordinance provision, or other regulation relating to licensed products. (3) The applicant has had a license to sell licensed 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 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. (Prior Code, § 111.049) § 115.006 PROHIBITED SALES. (A) In general. It shall be a violation of this subchapter for any person to sell or offer to sell any licensed products: (1) By means of any type of vending machine; (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 subchapter; and/or 36 (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. (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. (2) Signage. Notice of the legal sales age and age verification requirement must be posted 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 subchapter is adopted must comply with this section within 90 days of the effective date of this subchapter. (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. (E) Cigar minimum price and package size. No person shall sell or offer to sell any cigar unless it is within a package containing a minimum of five cigars; and any package of cigars for a sales price of less than [$15.00] per package before taxes and fees. (F) Cigarette minimum price. No person may sell or offer to sell cigarette packages or cartons for a sales price of less than fifteen dollars [$15.00] per pack before taxes and fees. (G) Moist snuff minimum price and package size. No person shall sell or offer to sell moist snuff retail packages or multipacks for a sales price of less than fifteen dollars ($15.00) per 1.2-ounce package before taxes of fees. No person shall sell or offer to sell any smokeless tobacco or moist snuff for retail sale unless it is sold in a package of at least 1.2 ounces minimum package size. The price floor for packages larger than 1.2 ounces shall be computed by adding two dollars and fifty cents ($2.50) for each 0.3 ounce or any fraction thereof more than 1.2 ounces, excluding taxes and fees. (H) Snus minimum price and package size. No person shall sell or offer to sell snus for a sales price of less than fifteen dollars ($15.00) per 0.32 ounce package before taxes and fees. No person shall sell or offer to sell any snus unless it is sold in a package of at least 37 0.32 ounces minimum pack size. The price floor for packages larger than 0.32 ounces shall be computed by adding two dollars and fifty cents ($2.50) for each 0.08 ounce or any fraction thereof more than 0.32 ounces excluding taxes and fees. In addition, no person shall sell or offer to sell a package of loose tobacco for three (3) ounces or less, prior to applicable sales taxes being imposed, of less than five dollars ($5.00) nor a package of loose tobacco greater than three (3) ounces, prior to taxes being imposed, of less than fifteen dollars ($15.00). (I) Electronic delivery device minimum price. No person shall sell or offer to sell any electronic delivery device at a price that is less than [ $20.00] per device, excluding taxes or fees. This price is applicable to any type of electronic delivery device and applies per unit even if sold together. (J) Price adjustment. The licensing official may annually modify by rule the minimum prices described in this section to account for changes in the Saint Anthony Village consumer price index, adjusted for inflation. (K) Coupon and price promotion. No person shall accept or redeem any coupon, price promotion, or other instrument or mechanism, whether in paper, digital, electronic, mobile, or any other form, that provides any license products to a consumer at no cost or at a price that is less than the non-discounted, standard price listed by a retailer on the item or an any related shelving, posting, advertising, or display at the location where the item is sold or offered for sale, excluding all applicable taxes and fees. (Prior Code, § 111.050) Penalty, see § 115.999 § 115.007 RESPONSIBILITY. 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 licensed products on the licensed premises. The sale, offer to sell, or furnishing of any licensed product by an employee shall be considered an act of 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. (Prior Code, § 111.052) § 115.008 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 38 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. No person used in compliance checks shall attempt to use a false identification misrepresenting the person’s age, and all persons lawfully engaged in a compliance check shall answer all questions about their age asked by the licensee or the licensee’s employee and shall produce any identification, if any exists, for which the person 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. (Prior Code, § 111.053) Penalty, see § 115.999 § 115.009 OTHER ILLEGAL ACTS. Unless otherwise provided, the following acts are an administrative violation of this subchapter. (A) Prohibited furnishing or procurement. It is a violation of this subchapter 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. (B) Use of false identification. It is a violation of this subchapter 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. (Prior Code, § 111.054) § 115.010 VIOLATIONS. (A) 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. (B) Hearings. (1) Upon issuance of a citation, a person accused of violating this subchapter may request in writing a hearing on the matter. Hearing requests must be made within ten 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 ten business days of the issuance of the citation will terminate the person’s right to a hearing. 39 (2) The City Manager or designee 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 ten business days prior to the hearing. (C) Hearing officer. The Police Chief or designee shall serve as the hearing officer. (D) Decision. If the hearing officer determines that a violation did occur, that decision, along with 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 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 division (E) below. (E) Costs. If the citation is upheld by the hearing officer, the city’s actual expenses in holding the hearing up to a maximum of [ $1,000 ] must be paid by the person requesting the hearing. (EF) Appeals. Appeals of any decision made by the hearing officer shall be filed in the District Court having jurisdiction over the city. (G) Continued violation. Each violation, and every day on which a violation occurs or continues, shall constitute a separate offense. (FH) Misdemeanor prosecution. Nothing in this section shall prohibit the city from seeking prosecution as a misdemeanor for any alleged violation of this subchapter by a person 21 years of age or older. (Prior Code, § 111.055) ()§ ADMINISTRATIVE PENTALTIES. (1) Licensees. Any licensee cited for violating this ordinance, or whose employee has violated this ordinance, will be charged an administrative fine of [ $1000 ] for a first violation; [ $2000 ] for a second offense at the same licensed premises within a 36-month period and a 3-day suspension of the license; and [ $2,000 ] for a third or subsequent offense at the same location within a 36- month period and a 7-day suspension of the license. Upon a fourth violation within a 36-month period, the license will be revoked. (2) Employees of licensees and other individuals. Individuals, other than persons under the age of 21 regulated by paragraph (B)(3) of this section, who are found to be in violation of this ordinance may be charged an administrative fine of [ $50 ]. (3) Persons under the age of 21. 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 or remedies such as tobacco-related education classes, diversion programs, community services, or another non-monetary, civil penalty that the city determines to be appropriate. The City Council will consult with educators, parents, guardians, persons under the age of 21, public health officials, court personnel, 40 and other interested parties to determine an appropriate remedy for persons under the age of 21 in the city in the best interest of the underage person. The remedies for persons under 21 who use a false identification to purchase or attempt to purchase licensed products may be established by ordinance and amended from time to time. (4) Statutory penalties. If the administrative penalty for violations against licensed retailers under Section 11(B)(1) authorized to be imposed by Minn. Stat. § 461.12, as it may be amended from time to time, differ from that established in this section, then the higher penalty will prevail. § 115.011 EXCEPTIONS AND DEFENSES. (A) Religious, spiritual, or cultural ceremonies or practices. Nothing in this subchapter shall prevent the providing of tobacco, tobacco products, and tobacco-related devices to any person as part of a lawfully recognized religious, spiritual, or cultural ceremony. (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. (Prior Code, § 111.056) § 115.012 SMOKING PROHIBITED. Smoking is prohibited, and no person shall smoke in a public place; in a public place, outdoor as herein defined; at a public meeting; in a place of employment; or in public transportation. §115.013. Severability. If any section or provision of this ordinance 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. §115.014. 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. § 375.51, subd. 3, 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. (Prior Code, § 111.059) (Ord. 2011-01, passed 4-26-2011; Ord. 2012-01, passed 1-24-2012; Ord. 2014-02, passed 9-3-2014; Ord. 2019-09, passed 10-8-2019; Ord. 2023-06, passed 11-28-2023) Penalty, see § 115.999 41 3/5/2025 1 Commercial Tobacco Prevention: Overview of Proposed Ordinance Updates Saint Anthony Village City Council Meeting March 11, 2025 Emily Anderson Association for Nonsmokers-MN The Association for Nonsmokers- Minnesota (ANSR) is dedicated to reducing the human and economic costs of commercial tobacco, nicotine and other drug use in Minnesota. Our core commitments are: ●to protect young Minnesotans from a lifetime of addiction; ●to ensure that all Minnesotans can breathe clean, smoke-free air everywhere; and ●reduce health inequities and other disparities in relation to commercial tobacco, nicotine and other drugs. Who We Are 42 3/5/2025 2 43 3/5/2025 3 Commercial Tobacco is Still a Problem. In Minnesota, one in seven 11th graders uses e- cigarettes, and 90 percent of those students use flavored e-cigarettes. The tobacco industry targets Black, LGBTQ+,American Indians and young people and spends more than $100 million a year marketing their products in Minnesota. Commercial tobacco use sets kids up for a lifetime of nicotine addiction and serious health conditions like heart disease and cancer. All Minnesotan s Pay the Price for Tobacco's Harm. Commercial tobacco use remains the leading cause of preventable death and disease, taking the lives of more than 6,300 Minnesotans each year. Smoking costs the state over $9 billion a year: more than $4.7 billion in excess health care costs and $4.7 billion in lost productivity. Every time Big Tobacco addicts another generation of kids to smoking, they put all taxpayers on the hook for billions of dollars in healthcare costs to treat tobacco-related diseases. 44 3/5/2025 4 6.4% 3.2% 8.2% 7% 14.9% 11.4% E-cigarettes are the most common tobacco product currently used (use on 1 or more days in the past 30 days) by 1.63 million of America’s middle school and high school students. ●Almost 4 in 10 students reported frequent use (use on 20 or more days in the past 30 days); and ●Slightly more than 1 in 4 reported daily use. Source:Park-Lee E, Jamal A, Cowan H, et al. Notes from the Field:E-Cigarette and Nicotine Pouch Use Among Middle and High School Students —United States, 2024. MMWR Morb Mortal Wkly Rep 2024;73:774–778. DOI: http://dx.doi.org/10.15585/mmwr.mm7335a3 “I don’t smoke, I just vape…” 45 3/5/2025 5 Minnesota Youth Tobacco Survey 2023 Minnesota Youth Tobacco Survey 2023 46 3/5/2025 6 ●No amount of nicotine is safe for young people. ●Nicotine is highly addictive and a stimulant. ●Youth exposed to nicotine are more likely to use other substances. ●4 in 5 Minnesota teens who vape may be nicotine dependent. The Impact of Nicotine on the Adolescent Brain How can Minnesota communities address these issues? 47 3/5/2025 7 Best Practice: Policy options to address Appeal, Access, & Affordability ●Ending the sale of flavored commercial tobacco products; ●Limiting the number of licensed tobacco retailers; ●Price discounting: minimum pack prices and prohibiting the redemption of coupons; and ●Increased penalties for ordinance violations. Proposed Ordinance Updates 48 3/5/2025 8 Price Discounting ○End the redemptions of coupons and price discounts; ○Set a minimum price and package sizes for commercial tobacco products; WHAT IS PRICE DISCOUNTING? Tobacco products are reduced to a lower price through coupons and price promotions. 49 3/5/2025 9 HOW DO PEOPLE RECEIVE COUPONS? ●Emails that direct you to websites ●Mail ●Phone apps ●In-store or at events/bars When coupons are redeemed, retailers are reimbursed by tobacco companies. WHAT HAPPENS AT THE RETAIL LEVEL? •Tobacco companies work with retailers to offer specials in-store. •Examples: •Buy-one-get-one free or multipack discounts •Cents-or dollar-off promotions 50 3/5/2025 10 •MN young adult nonsmokers who receive tobacco coupons are twice as likely to become smokers. Sources: Choi & Forster (2014). Frequency and Characteristics Associated with Exposure to Tobacco Direct Mail Marketing and Its Prospective Effect on Smoking Behaviors among Young Adults from the US Midwest. American Journal of Public Health; 104(11), 2179-2183. White, et al. (2006). Cigarette promotional offers: Who takes advantage? Am J Prev Med; 30(3):225– 231. ARE COUPONS EFFECTIVE? •A third of adult smokers use tobacco coupons or discounts every time they see one. HOW DO DISCOUNTS IMPACT USE? ●Coupons help young smokers become addicted and keep heavy smokers addicted ●Coupons undermine current users of cigarettes quit attempts Sources: Henriksen, et al. (2012). DOI: 10.1093/ntr/ntrl22, Choi, et all. (2012). DOI: 10.1093/ntr/ntr300 Choi, K. & Forster, J. Tobacco Direct Mail Marketing: Frequency, Content, and Prospective Effect on Smoking Behaviors of Young Adults. 51 3/5/2025 11 HOW DO DISCOUNTS IMPACT USE? ●Raising the price of commercial tobacco products is one of the most effective strategies for decreasing use, helping people quit, and preventing youth from starting to use commercial tobacco. Sources: Henriksen, et al. (2012). DOI: 10.1093/ntr/ntrl22, Choi, et all. (2012). DOI: 10.1093/ntr/ntr300 Choi, K. & Forster, J. Tobacco Direct Mail Marketing: Frequency, Content, and Prospective Effect on Smoking Behaviors of Young Adults. HOW DO DISCOUNTS IMPACT USE? ●Increasing excise taxes has long been the primary way to raise tobacco prices, but many local jurisdictions do not have the authority to enact additional tax increases, and coupons and discounts undermine the impact of such taxes. Sources: Henriksen, et al. (2012). DOI: 10.1093/ntr/ntrl22, Choi, et all. (2012). DOI: 10.1093/ntr/ntr300 Choi, K. & Forster, J. Tobacco Direct Mail Marketing: Frequency, Content, and Prospective Effect on Smoking Behaviors of Young Adults. 52 3/5/2025 12 HOW DO DISCOUNTS IMPACT USE? ●For every 10% increase in the price of cigarettes, adult smoking decreases by 3-5% and youth smoking decreases by 6-7% Sources: Henriksen, et al. (2012). DOI: 10.1093/ntr/ntrl22, Choi, et all. (2012). DOI: 10.1093/ntr/ntr300 Choi, K. & Forster, J. Tobacco Direct Mail Marketing: Frequency, Content, and Prospective Effect on Smoking Behaviors of Young Adults. WHAT ABOUT PRICE? ●Minimum prices should be set high enough to discourage youth and others who have never used tobacco or nicotine from starting and to encourage people who currently use commercial tobacco to reduce their use or quit.⁵ Sources: Henriksen, et al. (2012). DOI: 10.1093/ntr/ntrl22, Choi, et all. (2012). DOI: 10.1093/ntr/ntr300 Choi, K. & Forster, J. Tobacco Direct Mail Marketing: Frequency, Content, and Prospective Effect on Smoking Behaviors of Young Adults. 53 3/5/2025 13 Capping the number of tobacco licenses Cap the number of commercial tobacco licenses at zero through attrition Restricting the number of tobacco licenses allowed in a community. Cap Tobacco Licenses ●It is a way to decrease commercial tobacco in a community. ●Research shows that the location and density of commercial tobacco-related product retailers influences tobacco-related product use and worsens health disparities. 54 3/5/2025 14 »Bloomington: Capped their licenses at 0. Through attrition, the city will get down to zero tobacco licenses. »Little Canada: Capped their licenses at 0. Currently have seven (7). No new licenses will be issued, and through attrition it will be 0. »New Brighton: Capped the number of licensed tobacco shops to four (4) currently seven (7). »Golden Valley: Capped their licenses at eight (8). At the time, they had 14 licenses. Through attrition, the city will get down to 8 licenses. »Roseville: Capped their tobacco shops are the current four (4). »Columbia Heights: No more than three (3) tobacco shops. »Richfield:Capped their licenses at four (4). Through attrition, the city will get down to 4 total tobacco licenses. »Arden Hills: Capped their licenses at six (6) and zero (0) tobacco products shops. Capping: What have other cities done? Increasing Penalties for Retailers Going beyond state minimums for fines and license suspensions for repeated violations 55 3/5/2025 15 MN Statute Updates: Penalties MN State Minimum: 1st Violation: $300 2nd Violation within 36mo:$600 3rd Violation within 36mo: $1000+ 7 day min. suspension SAV Proposed: 1st Violation:$1000 2nd Violation within 36mo: $2000 + 3 day suspension 3rd Violation within 36mo: $2000+ 7 day min. suspension 4th Violation within 36mo: Mandatory revocation Why address commercial tobacco locally? ●In Minnesota cities lead, the state follows: T21, Clean Indoor Air. ●Why Capping? Research shows that the location and density of commercial tobacco-related product retailers influences tobacco-related product use and worsens health disparities. ●Why Price Discounting? This comprehensive tobacco ordinance will make commercial tobacco products less accessible and appealing to young people and will protect youth, Black, Indigenous, LGBTQIA+ and other residents from industry targeting. ●Why Increased Penalties? State minimum fines were increased in 2020. Selling tobacco is a privilege and we must hold retailers accountable. 56 3/5/2025 16 Thank you for your leadership! Emily M. Anderson, MA Association for Nonsmokers-MN Emily@ansrmn.org 651-646-3005 57 TOBACCO INDUSTRY TARGETING 2X MN young adult nonsmokers who receive tobacco coupons are twice as likely to become smokers. About 50 percent of MN smokers have used tobacco coupons or promotions in the past year to save money on cigarettes. A third of adult smokers use tobacco coupons or discounts every time they see one. THE FACTS ARE . . . Tobacco companies spent $8.7 BILLION in 2022 to reduce the price of cigarettes and smokeless tobacco for consumers. COUPONS HINDER SMOKERS’ ATTEMPTS TO QUIT. Minnesota adult smokers who redeemed cigarette coupons were much less likely to quit smoking than those who didn’t use coupons. DON’T DISCOUNT KEEPING TOBACCO PRICES HIGH IS THE MOST EFFECTIVE WAY TO HELP PEOPLE QUIT & PREVENT YOUNG PEOPLE FROM STARTING TO USE TOBACCO. When prices are higher, tobacco use decreases, especially among youth and low-income smokers. Tobacco companies use coupons and retail promotions to lower the price of products. Price promotions are so targeted to smokers, they are nearly invisible to the general public and allow the tobacco industry to avoid regulations. MY LIFE 58 DEATH AT A DISCOUNT Tobacco companies send coupons in birthday cards, pass them out at events and bars, promote them inside stores, and send emails and text alerts through their smartphone apps. This customer only paid $2 for two packs of American Spirit cigarettes. Without the coupon, the customer would have paid $19.98. DISCOUNTED TOBACCO ONLY BENEFITS THE TOBACCO INDUSTRY. Tobacco coupons and discounts make it more likely young people will become addicted to tobacco and less likely current smokers will be able to quit. Young and low income smokers are more likely to use tobacco coupons or promotions. TAKE ACTION! WE CAN STOP THE TOBACCO INDUSTRY FROM TARGETING OUR COMMUNITIES WITH CHEAP TOBACCO. Cities CAN and SHOULD prevent the redemption of tobacco coupons to help people quit smoking and prevent people from starting. www.DontDiscountMyLife.org Association for Nonsmokers-Minnesota 2395 University Ave. W, Suite 310, Saint Paul MN 55114 References available at: DontDiscountMyLife.org (December 2018) THE TOBACCO INDUSTRY USES COUPONS TO KEEP PRICES LOW. 59 Key Citations for Price Discounting and Minimum Price • Keeping tobacco prices high is the most effective way to help people quit and prevent young people from starting to use tobacco. (1, 2) • When prices are higher, tobacco use decreases, especially among youth and low-income smokers. (3, 4) • Tobacco coupons and discounts make it more likely young people will smoke and less likely current smokers will quit. (7, 8, 11) • Young adults, women, and African Americans are more likely to use tobacco coupons or promotions. (8, 9) • The tobacco industry uses coupons to keep prices low. (12, 13) • Tobacco companies spent $ 8.7 BILLION in 2022 to reduce the price of cigarettes, smokeless tobacco, and e-cigarettes for consumers. (12) 1. U.S. Department of Health and Human Services (2014). The Health Consequences of Smoking— 50 Years of Progress: A Report of the Surgeon General. Atlanta, GA: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health. 2. Institute of Medicine (1998). Taking Action to Reduce Tobacco Use. Washington, D.C.: National Academies Press. 3. Levy, Chaloupka & Gitchell (2004). The effects of tobacco control policies on smoking rates: a tobacco control scorecard. J Public Health Manag Pract; 10(4):338-53. 4. Chaloupka, Yurekli & Fong (2012). Tobacco taxes as a tobacco control strategy. Tobacco Control; 21:172-180 7. Choi & Forster (2014). Frequency and Characteristics Associated with Exposure to Tobacco Direct Mail Marketing and Its Prospective Effect on Smoking Behaviors among Young Adults from the US Midwest. American Journal of Public Health; 104(11), 2179-2183. 8. Choi, et al. (2013). Receipt and redemption of cigarette coupons, perceptions of cigarette companies and smoking cessation. Tobacco Control; 22(6): 418-22 9. White, et al. (2006). Cigarette promotional offers: Who takes advantage? Am J Prev Med; 30(3):225–231. 11. Slater, et al. (2007). The impact of retail cigarette marketing practices on youth smoking uptake. Archives of Pediatrics & Adolescent Medicine; 161(5):440-45. 12. U.S. Federal Trade Commission (FTC). Cigarette Report for 2022. U.S. Federal Trade Commission; 2023. 13. Chaloupka, et al. (2002). Tax, price and cigarette smoking: evidence from the tobacco documents and implications for tobacco company marketing strategies. Tobacco Control; 11(suppl 1): i62-i72. A full list of citations can be found at: https://dontdiscountmylife.org/wp-content/uploads/2019/01/Price-Discouting-Fact-Sheet-Citations.pdf 60 $15 MINIMUM PRICE ON CIGARETTES AND SMOKELESS TOBACCO The tobacco industry knows that cheap prices attract new customers and keep current customers coming back for more. The industry spends around 70-80% of their annual marketing and advertising budget on price discounts for consumers.¹ Raising the price of commercial tobacco products is one of the most effective strategies for decreasing use, helping people quit, and preventing youth from starting to use commercial tobacco. Increasing excise taxes has long been the primary way to raise tobacco prices, but many local jurisdictions do not have the authority to enact additional tax increases, and coupons and discounts undermine the impact of such taxes.² Additional pricing policies can complement excise tax increases and counteract industry practices that keep prices low.² Minimum pricing is one piece of the puzzle. Strong commercial tobacco pricing policies are made up of three parts: Set a minimum price for tobacco products Set a minimum pack size Prohibit redemption of coupons, discounts and price promotions When cigarette prices rise, people tend to smoke less or quit.³ For every 10%increase in the price of cigarettes, adult smoking decreases by 3-5% and youth smoking decreases by 6-7%⁴ Minimum prices should be set high enough to discourage youth and others who have never used tobacco or nicotine from starting and to encourage people who currently use commercial tobacco to reduce their use or quit.⁵ 61 $15 MINIMUM PRICE ON CIGARETTES AND SMOKELESS TOBACCO Why $15 and not $10, like St. Paul? Cigarettes are often cheaper and certain brands are more heavily discounted in low- income communities and neighborhoods with greater populations of school-age youth and Black residents.⁶ As a result, these groups are more likely to use commercial tobacco and experience disproportionate rates of tobacco-related death and disease. Strong minimum prices can prevent price manipulation based on geographic area or brand.⁶ The industry would no longer be able to lower prices in specific communities, which would reduce industry targeting and income-based disparities in smoking rates. Low-income individuals who smoke may face greater barriers to quitting, and increased prices may contribute to their financial hardship if they are unable to quit. Communities implementing minimum price policies must ensure that quit resources are widely accessible.⁷ Many commercial tobacco products in Minneapolis are already priced higher than $10 per pack or can. According to a summer 2023 assessment of a sample of Minneapolis tobacco retailers: 53% did not sell any cigarettes for less than $10/pack did not sell any chewing tobacco for less than $10/can. 45% Minneapolis already has a $2.60 minimum price per cigar, which is $13 when multiplied to a pack of 5. A $15 minimum price on cigarettes and smokeless tobacco has the potential to reduce availability, prevent youth initiation, and protect residents from industry targeting. Created with funding from a Commercial Tobacco-Free Communities grant from the Minnesota Department of Health. Learn more at www.DontDiscountMyLife.org (March 2024) Sources: 1. Federal Trade Commission Cigarette Report for 2021. Issued 2023. 2. POINT-OF-SALE TOBACCO PRICING POLICIES Equity, Public Health, and Legal Considerations; Change Lab Solutions. 3. Bader P, Boisclair D, Ferrence R. Effects of tobacco taxation and pricing on smoking behavior in high risk populations: a knowledge synthesis. Int J Environ Res Public Health. 2011 Nov;8(11):4118-39. doi: 10.3390/ijerph8114118. 4. Centers for Disease Control and Prevention, Office of Policy, Performance, and Evaluation 5. Bhatnagar A et al. Electronic cigarettes: a policy statement from the American Heart Association. Circulation. 2014;130:1418- 1436. 6. Henriksen L et al. Neighborhood variation in the price of cheap tobacco products in California: results from health stores for a healthy community. Nicotine & Tobacco Res. 2017;19(11),1330-1337. doi:10.1093/ntr/ntx089; Khan T et al. Cigarette Pricing Is Lowest in Black Neighborhoods: 2010-12. A Tobacconomics Research Brief. Chicago: Tobacconomics, Health Policy Center, Institute for Health Research and Policy, University of Illinois at Chicago; 2015. 7. Menthol Coalition Factsheet on Culturally Specific Cessation for African American Community (ANSR, 2024). 62 $15 Minimum Price Key Points ● Raising the price of tobacco products is one of the most effective strategies for reducing initiation of tobacco use, decreasing tobacco consumption, and increasing cessation of tobacco use. ● However, the tobacco industry knows that cheap prices help to lure new users and keep current users hooked, so they spend billions of dollars each year on price discounts and coupons to reduce prices.1 ● Price discounts are the tobacco industry’s single largest marketing expenditure – typically 70–80% of their spending on marketing and advertising.2 ● Although increasing excise taxes has long been the primary way to raise tobacco prices, many local jurisdictions do not have the legal authority to enact additional tobacco taxes, and the deep discounts and coupons offered by tobacco companies can diminish the impact of such taxes.3 ● Additional pricing policies can complement excise tax increases and counteract pernicious industry practices that keep prices low.4 ● The price of cigarettes is significantly related to their consumption: when cigarette prices rise, people tend to smoke less or quit. The availability of cheap tobacco products increases rates of tobacco use, particularly among young adults, who tend to be price-sensitive. 5 ● Research suggests that for every 10% increase in the price of cigarettes, adult smoking decreases by 3–5% and youth smoking decreases by 6–7%;6 some studies find even greater reductions. ● Studies show that when tobacco companies lower tobacco product prices in the face of rising taxes, more people tend to purchase cigarettes, especially the young and new users. 7 7 According to a 1994 U.S. Surgeon General's report, the use of price promotions makes cigarettes appear more affordable to smokers with limited economic resources, including children. Evidence suggests that price promotions also encourage new smokers to smoke more often, thereby entrenching their habit. U.S. DEP’T OF HEALTH & HUMAN SERVICES, PREVENTING TOBACCO USE AMONG YOUNG PEOPLE: A REPORT OF THE SURGEON GENERAL (1994), available at http://www.cdc.gov/tobacco/data_statistics/sgr/1994/index.htm. 6 Centers for Disease Control and Prevention, Office of Policy, Performance, and Evaluation 5 Bader P, Boisclair D, Ferrence R. Effects of tobacco taxation and pricing on smoking behavior in high risk populations: a knowledge synthesis. Int J Environ Res Public Health. 2011 Nov;8(11):4118-39. doi: 10.3390/ijerph8114118. Epub 2011 Oct 26. PMID: 22163198; PMCID: PMC3228562. 4 Ibid. 3 POINT-OF-SALE TOBACCO PRICING POLICIES Equity, Public Health, and Legal Considerations; Change Lab Solutions. 2 Federal Trade Commission Cigarette Report for 2021. Issued 2023. 1 Federal Trade Commission Cigarette Report for 2016. www.ftc.gov/system/files/documents/reports/federal-trade-commission-cigarette-report-2016-federaltrade-commissi on-smokeless-tobacco-report/ftc_cigarette_report_for_2016_0.pdf. Published 2018; Federal Trade Commission Smokeless Tobacco Report for 2016. www.ftc.gov/system/files/documents/reports/federal-trade-commission-cigarette-report-2016-federal-trade-commissi on-smokeless-tobaccoreport/ftc_smokeless_tobacco_report_for_2016_0.pdf. Published 2018. 63 ● The tobacco industry spends the largest share of its annual marketing budget on price discounts. Minimum price laws have the potential to counteract the tobacco industry’s price manipulation strategies, especially if they are paired with couponing/promotions prohibitions. ● The tobacco industry uses a variety of innovative pricing strategies to discourage current tobacco users from quitting, to entice new customers to purchase their products, and to reduce the effectiveness of tobacco tax increases. ● These strategies include popular discounting schemes, such as cents- or dollar-off promotions, multi-pack offers (e.g., two-for-one deals), and other price-related incentives (e.g., buy-some-get-some-free offers). Many of these retail value-added promotions are advertised and used at the point of sale or made available through coupons. ● The tobacco industry uses sophisticated research to apply these strategies to specific products in particular geographic locations, and to target certain groups of people. ● Given the tobacco industry’s extensive use of price discounting schemes and strong evidence that price has a significant impact on overall tobacco use and youth initiation, a growing number of state and local communities are considering pricing policies, in addition to taxation, as part of comprehensive tobacco control programs.8 ● Although some pricing strategies are relatively untested, states and many localities have broad legal authority to regulate the sale and distribution of tobacco products in their jurisdictions. If regulations are carefully drafted to focus on tobacco product pricing, retailer conduct at the point of sale, and transactions within a specific jurisdiction, these pricing laws are likely to be upheld, even if they are challenged by the tobacco industry.9 ● It is estimated that if price-discounting schemes were banned across the U.S., the number of current established smokers would decrease by more than 13%.10 ● A smoking decrease due to discounting bans could help reduce tobacco use in populations that are heavily targeted by tobacco companies. For example, African Americans are more likely to take advantage of pricing discounts and multi-pack offers than other racial and ethnic groups, regardless of income. 11 ● Additionally, price promotions for menthol cigarettes are more prevalent in neighborhoods with higher concentrations of African American youth.12 ● Most minimum price laws currently in place are ineffective for tobacco control because they allow for tobacco industry discounts. These discounts can actually lead to a lower minimum price. 12 Ibid. 11 Henriksen L. Comprehensive tobacco marketing restrictions: promotion, packaging, price and place. Tob Control. 2012 Mar;21(2):147-53. doi: 10.1136/tobaccocontrol-2011-050416. PMID: 22345238; PMCID: PMC4256379. 10 Marynak KL, Xu X, Wang X, Holmes CB, Tynan MA, Pechacek T. Estimating the Impact of Raising Prices and Eliminating Discounts on Cigarette Smoking Prevalence in the United States. Public Health Rep. 2016 Jul-Aug;131(4):536-43. doi: 10.1177/0033354916662211. PMID: 27453597; PMCID: PMC4937114.```````````````` 9 Policy Approaches to Restricting Tobacco Product Coupons and Retail Value-Added Promotions, Tobacco Control Legal Consortium, 2013 8 Death on a Discount: Regulating Tobacco Product Pricing, Tobacco Control Legal Consortium, 2015. Association for Nonsmokers- MN www.ansrmn.org 64 For minimum price laws to be effective, they should expressly exclude trade discounts when calculating minimum price.13 ● Minimum prices can also be set at much higher specific amounts and can be tied to inflation. ● Price discounting is targeted at communities disproportionately impacted by the harms of tobacco: African Americans, LGBTQ individuals, women, youth, and low-income populations. ● Because of the harms caused by tobacco products, these communities experience tobacco-related illnesses at greater rates. o “Tobacco use is a major contributor to the three leading causes of death among African Americans - heart disease, cancer, and stroke.”14 o “Lower-income populations have less access to health care, making it more likely that they are diagnosed at later stages of diseases and conditions.”15 o “LGBT individuals are less likely to have health insurance than straight individuals, which may negatively affect health as well as access to cessation treatments, including counseling and medication.”16 ● Keeping tobacco prices low means people of color and low-income communities will continue to experience health disparities and inequities. No one benefits from cheap tobacco. ● Jurisdictions should set minimum prices high enough to discourage youth and others who have never used tobacco or nicotine from initiating use and to encourage current tobacco users to reduce their use or quit entirely.17 ● A strong MFPL should also prohibit price discounts and promotions (eg, buy one, get one free; multi-pack discounts; and other retail value-added offers) as well as redemption of coupons for tobacco products.18 ● These provisions further strengthen the policy by preventing discounts on more expensive products and products that may not be subject to a minimum floor price (eg, electronic smoking devices). implementing the two strategies together prevents the tobacco industry from undermining the policy by lowering the retail price of a product to compensate for the lack of discounts.19 19 U.S. Department of Health and Human Services. Preventing Tobacco Use Among Youth and Young Adults: A Report of the Surgeon General. Atlanta, GA: U.S. Department of Health and Human Services, Centers for Disease 18 McLaughlin I, Pearson A, Laird-Metke E, Ribisl K. Reducing tobacco use and access through strengthened minimum price laws. Am J Public Health. 2014;104 (10),1844-1850. doi:10.2105/AJPH. 2014.302069. 17 Bhatnagar A, Whitsel LP, Ribisl KM, Bullen C, Chaloupka F, Piano MR, Robertson RM, McAuley T, Goff D, Benowitz N, on behalf of the American Heart Association Advocacy Coordinating Committee, Council on Cardiovascular and Stroke Nursing, Council on Clinical Cardiology, and Council on Quality of Care and Outcomes Research. Electronic cigarettes: a policy statement from the American Heart Association. Circulation. 2014;130:1418-1436. 16 CDC (2019). Lesbian, Gay, Bisexual, and Transgender Persons and Tobacco Use. 15 CDC (2019). Cigarette Smoking and Tobacco Use Among People of Low Socioeconomic Status. 14 CDC (2019). African Americans and Tobacco Use 13 Apollonio DE, Glantz S. Tobacco manufacturer lobbying to undercut minimum price laws: an analysis of internal industry documents. Tob Control. 2020 Dec;29(e1):e10-e17. doi: 10.1136/tobaccocontrol-2019-055354. Epub 2020 Jan 22. PMID: 31969381; PMCID: PMC7374022. Association for Nonsmokers- MN www.ansrmn.org 65 ● Strong MFPLs can prevent price manipulation by geographic area or by brand, thereby reducing tobacco industry targeting of people of color and other underserved communities. For example, cigarettes are often cheaper in low-income communities, communities with greater populations of African American residents, and communities with more school-age youth.20 ● Studies show that menthol cigarettes, little cigars, and cigarillos in particular are less expensive and more frequently discounted in African American neighborhoods.21 ● Similarly, little cigars and cigarillos often cost less in communities with more young adults.22 ● Establishing minimum floor prices for each type of tobacco product across a jurisdiction can prevent much of this predatory targeting. ● REDUCE INCOME-BASED DISPARITIES IN SMOKING RATES. Smoking rates among low-income populations are significantly higher than among those with higher incomes,23 in large part due to the tobacco industry’s targeted marketing and discounting practices in low income communities. ● Beyond offering steeper discounts in low-income neighborhoods, tobacco companies have historically exploited other channels to target these populations – for example, distributing coupons for cigarettes in the same envelope with SNAP benefits (formerly known as food stamps).24 ● Moreover, MFPLs may produce disproportionate benefits for low-income populations; research shows that low-income individuals are more likely to smoke the discount brands most affected by such policies.25 ● In fact, some models indicate that MFPLs would reduce cigarette consumption by up to 67% more than a comparable tax increase and that the greatest reductions in consumption would occur among low-income populations.26 ● It is important to keep in mind, however, that low-income individuals who smoke may face greater barriers to quitting and that the increased cost of tobacco products may contribute disproportionately to their financial hardship if they are unable to do so. Communities 26 Golden SD, Farrelly MC, Luke DA, Ribisl KM. Comparing projected impacts of cigarette floor price and excise tax policies on socioeconomic disparities in smoking. Tobacco Control. 2016;25(Suppl 1):i60-i66. doi:10.1136/tobaccocontrol-2016-053230. 25 Cornelius ME, Driezen P, Fong GT, et al. Trends in the use of premium and discount cigarette brands: findings from the ITC US Surveys (2002–2011). Tobacco Control. 2014;23:i48-i53. 24 Brown-Johnson CG, England LJ, Glantz SA, Ling PM. Tobacco industry marketing to low socio-economic status women in the USA. Tobacco Control. 2014;23(0):e139-e146. doi:10.1136/tobaccocontrol-2013-051224. 23 Jamal A, Phillips E, Gentzke AS, et al. Current cigarette smoking among adults – United States, 2016. Morb Mortal Wkly Rep. 2018;67:53-59. doi:10.15585/ mmwr.mm6702a1. 22 Cantrell J, Kreslake JM, Ganz O, et al. Marketing little cigars and cigarillos: advertising, price, and associations with neighborhood demographics. Am J Public Health. 2013;103(10):1902-1909. doi:10.2105/AJPH.2013.301362. 21 Henriksen L, Schleicher NC, Dauphinee AL, Fortmann SP. Targeted advertising, promotion, and price for menthol cigarettes in California high school neighborhoods. Nicotine & Tobacco Res. 2012;14(1),1116-1121. doi:10.1093/ntr/ntr122. 20 Henriksen L, Andersen-Rodgers E, Zhang X, et al. Neighborhood variation in the price of cheap tobacco products in California: results from health stores for a healthy community. Nicotine & Tobacco Res. 2017;19(11),1330-1337. doi:10.1093/ntr/ntx089; Khan T, Resnick EA, Liu Y, Barker DC, Chaloupka FJ. Cigarette Pricing Is Lowest in Black Neighborhoods: 2010-12. A Tobacconomics Research Brief. Chicago: Tobacconomics, Health Policy Center, Institute for Health Research and Policy, University of Illinois at Chicago; 2015. Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health; 2012. Association for Nonsmokers- MN www.ansrmn.org 66 implementing a MFPL or other policies that increase the cost of tobacco products should also increase the availability of cessation interventions and conduct targeted outreach to low-income communities to ensure that they are aware of and able to access available resources. 27 Why $15? Why not $10, like St. Paul $10 per pack/can is lower than the current retail price of many products in Minneapolis. An assessment in the summer of 2023 of a sample of Minneapolis tobacco retailers found that the majority (63%) did not sell any cigarettes for less than $10/pack. Similarly, the same assessment found that 45% of retailers didn’t sell any chewing tobacco for less than $10/can. Additionally, Minneapolis already has a Saint Paul, which has a minimum price of $2.60 per cigar multiplied up to a pack of 5 ($13). 27 Menthol Coalition Factsheet on Culturally Specific Cessation for African American Community (ANSR, 2024). Association for Nonsmokers- MN www.ansrmn.org 67 THIS PAGE LEFT INTENTIONALLY BLANK 68 M:\025849-000\Admin\Meeting\032525\LTR-hmcc-031825.docx 178 E 9TH STREET | SUITE 200 | SAINT PAUL, MN | 55101 | 651.286.8450 | WSBENG.COM March 18, 2025 Honorable Mayor, City Council and Staff c/o Charlie Yunker, City Manager City of St. Anthony Village 3301 Silver Lake Road NE St. Anthony, MN 55418 Re: 2025 Street and Utility Improvements St. Anthony Village, MN WSB Project No. 025849-000 Dear Honorable Mayor, City Council, and Staff: Following this letter are three (3) resolutions for your consideration at the March 2 5, 2025, City Council Meeting. The three resolutions for your consideration are: A Resolution Calling a Hearing for the 202 5 Street Improvement Project This resolution sets a public hearing to be held on April 22, 2025, at 7:00 pm. On February 4, 2025, bids for the 2025 Street and Utility Improvement Project were opened. The low bid received for the project was $2,531,570.55. The total cost of the improvement as presented to Council in the feasibility study was $2,815,300. The revised estimated total cost of the improvements is $3,041,700. The revised costs include approximately $57,100 for concrete walk overlay along St. Anthony Boulevard, approximately $32,500 for replacement of a damaged hydrant on Skycroft Drive, approximately $19,100 forcemain bypass improvements to the existing lift station on Foss Road, and approximately $82,000 for additional drainage improvements within Central Park not originally identified during the feasibility study. A Resolution Declaring the Cost to be Assessed and Ordering Preparation of Proposed Assessments for the 2025 Street and Utility Improvement Project This resolution declares the amount to be assessed to be approximately $633,700. A Resolution Calling a Hearing on the Proposed Assessments for the 202 5 Street And Utility Improvement Project This resolution sets an assessment hearing to be held on April 22, 2025, at 7:00 pm. If you have any questions, I will be present at the March 25, 2025 Council Meeting to discuss with you or please call me at 612.282.3641. Sincerely, WSB Katie Koscielak Project Manager Attachments cc: Jeremy Gumke, City of St. Anthony Village Jennifer Doyle, City of St. Anthony Village Justin Messner, WSB 69 3/20/2025 1 2025 STREET AND UTILITY IMPROVEMENT PROJECT CITY COUNCIL MEETING March 25, 2025 PROPOSED PROJECT (ASSESSABLE) Street & Utility Reconstruction •Macalaster Drive from 39th Ave to Railroad Mill & Overlay Project •39th Ave NE: Stinson Blvd to Silver Lake Rd •30th Ave NE: Stinson Blvd to Silver Lake Rd •Armour Terr: Roosevelt St to Silver Lake Rd •Murray Ave: Roosevelt St Coolidge St •29th Ave NE: Silver Lake Rd to Highway 88 •Roosevelt St: St. Anthony Blvd to 30th Ave NE •Wilson St: St. Anthony Blvd to 30th Ave NE •Coolidge St: St. Anthony Blvd to 29th Ave NE 70 3/20/2025 2 PROPOSED PROJECT (NON -ASSESSABLE) Thin Maintenance Overlay •Anthony Ln: 29th Ave NE to Cul-De-Sac PROPOSED IMPROVEMENTS(NON -ASSESSABLE) Central Park •Reclaim and Pave Trail •Remove and Replace Basketball Court •New Storm Sewer Installation 71 3/20/2025 3 PROPOSED IMPROVEMENTS (NON -ASSESSABLE) PROPOSED IMPROVEMENTS(NON -ASSESSABLE) St. Anthony Boulevard •Overlay Existing Sidewalk 72 3/20/2025 4 PROPOSED IMPROVEMENTS (NON -ASSESSABLE) Miscellaneous Maintenance •Skycroft Drive Hydrant Replacement •Foss Road Lift Station Bypass Improvements Foss Road Lift Station Bypass Improvements Skycroft Drive Hydrant Replacement BIDS RECEIVED –FEBRUARY 4, 2025 Engineers Estimate $2,683,535.00 8 Bids Received $2,531,570.55 -$3,095,521.00 Low Bid: North Valley Inc.$2,531,570.55 73 3/20/2025 5 PROJECT COSTS / FUNDING •Project funding from Special Assessments, 429 Public Improvement Bonds, and City Funds Proposed Improvements Assessments City Cost Total Street Improvements $151,200.00 $449,900.00 $601,100.00 Sanitary Sewer Improvements $157,000.00 $157,000.00 Water Main Improvements $23,200.00 $129,600.00 $152,800.00 Storm Sewer Improvements $11,700.00 $87,700.00 $99,400.00 Mill and Overlay Improvements 39th Avenue Mill and Overlay Improvements $121,600.00 $403,400.00 $525,000.00 Residential Neighborhood Mill and Overlay Improvements $326,000.00 $685,000.00 $1,011,000.00 Anthony Lane Mill and Overlay Improvements $59,400.00 $59,400.00 Central Park Improvements $262,200.00 $262,200.00 Pedestrian Safety Improvements $65,100.00 $65,100.00 St. Anthony Boulevard Sidewalk Improvements $57,100.00 $57,100.00 Skycroft Drive Hydrant Replacement $32,500.00 $32,500.00 Foss Road Lift Station Bypass Improvements $19,100.00 $19,100.00 Total Proposed Improvements $633,700.00 $2,408,000.00 $3,041,700.00 2025 STREET IMPROVEMENT PROJECT CITY OF ST. ANTHONY VILLAGE, MINNESOTA FUNDING SUMMARY PROJECT SCHEDULE •Council Authorizes Feasibility June 11, 2024 (1st of 8 Meetings) •Council Accepts Feasibility August 13, 2024 (2nd of 8 Meetings) •1st Public Informational Meeting September 25, 2024 (3rd of 8 Meetings) •2nd Public Informational Meeting November 4, 2024 (4th of 8 Meetings) •Council Approves Plans December 10, 2024 (5th of 8 Meetings) •Open Bids / Compute Assessments February 4, 2025 (6th of 8 Meetings) 74 3/20/2025 6 PROJECT SCHEDULE •3rd Public Informational Meeting February 26, 2025 (7th of 8 Meetings) •Public Hearing / Award Contract April 22, 2025 (8th of 8 Meetings) •Award Sale of Bonds May 2025 •Begin Construction June 2025 •Substantial Completion September 2025 •Final Paving (Macalaster Dr Reconstruction)June 2026 NOTIFICATIONS / UPDATES Sign up to receive email and/or text message project status updates by visiting the project webpage located under Government then Projects on the City’s website at https://savmn.com 75 3/20/2025 7 ADDITIONAL INFORMATION Find additional information regarding street reconstruction projects for the City of St. Anthony, by visiting the “St. Anthony Village Reconstruction Process” Webpage located under How Do I…then Learn About on the City’s website at https://savmn.com QUESTIONS? 76 S:\1Council Meetings\2025\03252025\Road Improvements and Prep Assessments\Resolution 25-022.docx CITY OF ST. ANTHONY VILLAGE STATE OF MINNESOTA RESOLUTION 25-022 A RESOLUTION CALLING A HEARING FOR THE 2025 STREET AND UTILITY IMPROVEMENTS WHEREAS, pursuant to direction of the City Council of the City of St. Anthony Village, a report has been prepared with reference to the improvements: Street & Utility Reconstruction • Macalaster Drive from 39th Ave to Railroad Mill and Overlay • 39th Avenue NE from Stinson Boulevard to Silver Lake Road • 30th Avenue NE from Stinson Boulevard to Silver Lake Road • Armour Terrace from Roosevelt Street NE to Silver Lake Road • Murray Avenue from Roosevelt Street NE Coolidge Street NE • 29th Avenue NE from Silver Lake Road to Highway 88 • Roosevelt Street NE from St. Anthony Boulevard to 30th Avenue NE • Wilson Street NE from St. Anthony Boulevard to 30th Avenue NE • Coolidge Street NE from St. Anthony Boulevard to 29th Avenue NE • Anthony Lane N from 29th Avenue NE to Cul-de-sac Miscellaneous Construction • Central Park o Removal and replacement of the existing bituminous trail o Removal and replacement of the existing basketball court surface o Installation of new storm sewer along trail to address drainage • Pedestrian Safety Improvements o Installation of the pedestrian refuge to enhance the existing pedestrian crossing on Silver Lake Road at 34th Avenue NE. o Bituminous overlay of existing sidewalk along St. Anthony Boulevard from the south City boundary to the bridge • Replacement of a damaged hydrant at the intersection of Skycroft Drive and Downers Drive o Removal and replacement of existing hydrant o Removal and replacement of concrete roadway pavement o Installation of new valve for future maintenance • Foss Road Lift Station Bypass Improvements o Installation of new force main bypass for future City maintenance. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of St. Anthony Village that: 1.) The Council will consider the improvement of such street and utilities in accordance with the report and the assessment of abutting property for a portion of the cost of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvements of $3,041,700. 2.) A public hearing shall be held on such proposed improvements on the 22nd day of April 2025, in the Council Chambers of the City Hall at 7:00 P.M. or as soon thereafter as possible, and the Clerk shall give mailed and published notice of such hearing and improvements as required by 77 S:\1Council Meetings\2025\03252025\Road Improvements and Prep Assessments\Resolution 25-022.docx law. 3.) The City Clerk is hereby directed to cause a notice of the hearing on the proposed improvements to be published twice in the official newspaper at least one week apart and at least three days prior to the hearing. Adopted this 25th day of March, 2025. _____________________________ Wendy Webster, Mayor ATTEST:____________________________ City Clerk Reviewed for administration: ______________________________ Charlie Yunker, City Manager 78 S:\1Council Meetings\2025\03252025\Road Improvements and Prep Assessments\Resolution 25-023.docx CITY OF ST. ANTHONY VILLAGE STATE OF MINNESOTA RESOLUTION 25-023 A RESOLUTION DECLARING THE COST TO BE ASSESSED AND ORDERING PREPARATION OF THE PROPOSED ASSESSMENTS FOR THE 2025 STREET AND UTILITY IMPROVEMENTS WHEREAS, costs have been determined for the improvement of: Street & Utility Reconstruction • Macalaster Drive from 39th Ave to Railroad Mill and Overlay • 39th Avenue NE from Stinson Boulevard to Silver Lake Road • 30th Avenue NE from Stinson Boulevard to Silver Lake Road • Armour Terrace from Roosevelt Street NE to Silver Lake Road • Murray Avenue from Roosevelt Street NE Coolidge Street NE • 29th Avenue NE from Silver Lake Road to Highway 88 • Roosevelt Street NE from St. Anthony Boulevard to 30th Avenue NE • Wilson Street NE from St. Anthony Boulevard to 30th Avenue NE • Coolidge Street NE from St. Anthony Boulevard to 29th Avenue NE • Anthony Lane N from 29th Avenue NE to Cul-de-sac Miscellaneous Construction • Central Park o Removal and replacement of the existing bituminous trail o Removal and replacement of the existing basketball court surface o Installation of new storm sewer along trail to address drainage • Pedestrian Safety Improvements o Installation of the pedestrian refuge to enhance the existing pedestrian crossing on Silver Lake Road at 34th Avenue NE. o Bituminous overlay of existing sidewalk along St. Anthony Bouevard from the south City boundary to the bridge • Replacement of a damaged hydrant at the intersection of Skycroft Drive and Downers Drive o Removal and replacement of existing hydrant o Removal and replacement of concrete roadway pavement o Installation of new valve for future maintenance • Foss Road Lift Station Bypass Improvements o Installation of new force main bypass for future City maintenance. and the bid price for such an improvement is $2,531,570.55. The total cost of the improvement with contingencies, engineering, legal, and administrative fees will be approximately $3,041,700. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of St. Anthony Village that: 1.) The portion of the cost of the proposed 2025 Street and Utility Improvement Project to be paid by the City is hereby declared to be approximately $2,408,000, and the portion of the cost to be assessed against benefited property owners is declared to be approximately $633,700. 2.) Assessments shall be payable in equal annual installments extending over a period of 15 years for 79 S:\1Council Meetings\2025\03252025\Road Improvements and Prep Assessments\Resolution 25-023.docx the Street and Utility Reconstruction Project and a period of 10 years for the Mill and Overlay Project, the first of the installments to be payable on or before the first Monday in 2026, and shall bear interest at the rate of 2 percent (2%) above the City’s borrowing rate at the time the bonds are issued. 3.) The Consulting Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece, or parcel of land within the district affected, without regard to cash valuation, as provided by law, and the City Clerk shall file a copy of such proposed assessment in the office for public inspection. 4.) The City Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. Adopted this 25th day of March, 2025. _____________________________ Wendy Webster, Mayor ATTEST:____________________________ City Clerk Reviewed for administration: ______________________________ Charlie Yunker, City Manager 80 S:\1Council Meetings\2025\03252025\Road Improvements and Prep Assessments\Resolution 25-024.docx CITY OF ST. ANTHONY VILLAGE STATE OF MINNESOTA RESOLUTION 25-024 A RESOLUTION CALLING A HEARING ON THE PROPOSED ASSESSMENTS FOR THE 2025 STREET AND UTILITY IMPROVEMENTS WHEREAS, by direction of the City Council of the City of St. Anthony Village, a proposed assessment of the cost of the following improvement has been prepared: Street & Utility Reconstruction • Macalaster Drive from 39th Ave to Railroad Mill and Overlay • 39th Avenue NE from Stinson Boulevard to Silver Lake Road • 30th Avenue NE from Stinson Boulevard to Silver Lake Road • Armour Terrace from Roosevelt Street NE to Silver Lake Road • Murray Avenue from Roosevelt Street NE Coolidge Street NE • 29th Avenue NE from Silver Lake Road to Highway 88 • Roosevelt Street NE from St. Anthony Boulevard to 30th Avenue NE • Wilson Street NE from St. Anthony Boulevard to 30th Avenue NE • Coolidge Street NE from St. Anthony Boulevard to 29th Avenue NE • Anthony Lane N from 29th Avenue NE to Cul-de-sac Miscellaneous Construction • Central Park o Removal and replacement of the existing bituminous trail o Removal and replacement of the existing basketball court surface o Installation of new storm sewer along trail to address drainage • Pedestrian Safety Improvements o Installation of the pedestrian refuge to enhance the existing pedestrian crossing on Silver Lake Road at 34th Avenue NE. o Bituminous overlay of existing sidewalk along St. Anthony Bouevard from the south City boundary to the bridge • Replacement of a damaged hydrant at the intersection of Skycroft Drive and Downers Drive o Removal and replacement of existing hydrant o Removal and replacement of concrete roadway pavement o Installation of new valve for future maintenance • Foss Road Lift Station Bypass Improvements o Installation of new forcemain bypass for future City maintenance. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of St. Anthony Village that: 1.) A hearing shall be held on the 22nd day of April 2025, in the City Council Chambers at 7:00 P.M., or as soon thereafter as possible, to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2.) The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing and shall state in the notice the total cost of the improvement. The Clerk shall also cause mailed notice to be 81 S:\1Council Meetings\2025\03252025\Road Improvements and Prep Assessments\Resolution 25-024.docx given to the owner of each parcel described in the assessment roll not less two weeks prior to the hearing. 3.) The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Clerk, except that no interest shall be charged if the entire assessment is paid by November 30th of the assessed year. 4.) The owner may, at any time thereafter, pay to the Finance Director the entire amount of the assessment remaining unpaid, with interest accrued to December of the year in which such payment is made. Such payment must be made before November 30th or the interest will be charged through December 31st of the succeeding year. Adopted this 25th day of March, 2025. _____________________________ Wendy Webster, Mayor ATTEST:____________________________ City Clerk Reviewed for administration: ______________________________ Charlie Yunker, City Manager 82 1 PUBLIC WORKS ANNUAL REPORT 2024 Jeremy Gumke Public Works Director March 25, 2025 PUBLIC WORKS MISSION STATEMENT The Mission of the Public Works Department is to provide effective and efficient design, construction, operation, and maintenance of the City’s infrastructure. The Public Works Department is organized into six divisions. These divisions work together to coordinate services and enhance the quality of life for our residents, businesses and visitors by providing safe, reliable and effective service. The service we provide will always be consistent with the vision and goals of the community. SAFE RELIABLE RESPONSIVE EFFECTIVE 83 2 PUBLIC WORKS DEPARTMENT Public Works Director Public Works Superintendent Crew Leader Streets Parks Utilities Street Division 6 Employees Parks Division 3 Employees Water/Sewer Division 2 Employees Vehicle Maintenance Division 1 Employee Engineering Division WSB & Staff, Employees City Buildings All Employees STREETS MAINTENANCE DIVISION 10 City-wide Street Sweepings 75 Cubic Yards Total Debris 40 Tons Total Sediment 59 Tons Asphalt Repairs 50 Tons Pothole Repair 9 Tons Water Main Break Restorations 6 Cubic Yards Concrete Repairs 5 Cubic Yards Sidewalk Repair 1 Cubic Yard Water Main Break Restorations 7 Events City-wide Plowing 39 Trees Planted 63 Trees Removed (Emerald Ash Borer) 84 3 SALT & SALT BRINE: 2020-2025 230 250 300 120 100 795 1,535 795 600 470 0 200 400 600 800 1000 1200 1400 1600 1800 2020-21 2021-22 2022-23 2023-2024 2024-2025 TONS SALT GALLONS SALT BRINE PARKS MAINTENANCE DIVISION Tree City DesignationCITY PARKS•Emerald Park •Central Park •Silver Point Park •Water Tower Park •Trillium Park •Salo Park SILVER POINT PARK•Accessible & Inclusive Play Equipment •Accessible Rubber Surface & Swing Set •Grant from GameTime 85 4 ICE SKATERS: 2021-2025 2,5982,0292911660600571943371,285854158884713604394392021-2022 2022-2023 2023-2024 2024-2025 Total Skaters Emerald Park Central Park Silver Point Park UTILITIES DIVISION 2024 ACTIVITIES Annual hydrant flushing Maintenance of lift station facilities Watermain repairs 2 watermain breaks 2 water service leaks Carbon changeout at the Granular Activated Carbon Plant Completed annual Consumer Confidence Report 86 5 7 8 6 3 5 6 2 2 7 3 0 4 0 0 2 2 2017 2018 2019 2020 2021 2022 2023 2024 WATER MAIN BREAKS SERVICE LEAKS WATERMAIN BREAKS AND SERVICE LEAKS 2017-2024 VEHICLE MAINTENANCE DIVISION DOT Certified All Vehicles EQUIPMENT PURCHASES -Streets Department | Two Ford Lightning F150 EV Pick-up Trucks -Utilities Department | Water Tanker Continue to pursue battery powered equipment and electric vehicles 87 6 ENGINEERING DIVISION PROJECTS 2024 •Mill and Overlay Street Project •Silver Point Park Asphalt Trail •Salo Park Concrete Sidewalk Mill & Overlay Silver Point Park Trail Salo Park Sidewalk STREET & UTILITY IMPROVEMENTS AND MILL & OVERLAY PROJECTS: 2024-2040 88 7 2024 SUSTAINABILITY INITIATIVES •Sustainability in the Comprehensive Plan •Annual City-wide Spring Clean-Up Event at Public Works Facility •Stormwater Debris Interceptors •Cardboard Recycling Event at Public Works Facility •Pollinator Pathway Project •Maintain Minnesota GreenStep Cities Step 5 COMMUNITY ENGAGEMENT & SERVICE Name our Snowplows Contest Partnered with Saint Anthony Village schools to educate students about snowplow safety —Community Services Pre-School, Wilshire Elementary School and St. Charles School Special Events Provide set-up for multiple annual events including VillageFest, Fire Department Open House, Night to Unite, CPKC Railroad Holiday Train Resident Services Assist residents with EPA mandated Lead Service Line Inventory Provide curb-side branch chipping twice annually 89 8 STAFF TRAINING AND DEVELOPMENT 2024 ACTIVITIES Annual Safety Training •Required city employee training •Additional training specific to Public Works Field Training New Employees •Equipment •Cross training between divisions Educational Training •Shade Tree Short Course •Commercial Driver’s License •Public Works Certificate Program STAFF RECOGNITION Spirit of Saint Anthony Award Nominated and chosen by peers Demonstrates our core values of Trust, Service and Inclusion through his work alongside his peers, with our community residents, and with visitors to our community. Ernie Hicks Public Works Maintenance Worker with nearly 20 years of service to our City. Employees across all departments speak highly of Ernie and his positive attitude 90 9 ELECTRIC VEHICLE ANALYSIS Public Works two EV pickup trucks have been in service July 2024 -Present. GAS CONSUMPTION COMPARISON July 2023 –Feb. 2024 260 gallons of gas July 2024 –Feb. 2025 0 gallons of gas ANNUAL GAS CONSUMPTION COMPARISON 2021 –2023 413 gallons of gas annually 2024 Projected 0 gallons of gas annually CHARGING HISTORY TO DATE EV trucks are rated for 275 miles on full charge Public Works EV Trucks are averaging ONE charge every 1-2 months Mileage: 2700/8 months; 340 miles/month average WELL 4 REHABILITATION •Key water supply well •Pump was producing 60% of its designed capacity •Removed pump, casing, shaft, and impellers •Repaired or replaced parts as necessary •Reinstalled, start-up, testing, returned to production •Two-month process Ensures continued reliability and efficiency of well, supporting City’s vital water infrastructure 91 10 UPCOMING EVENTS: 2025 Looking Ahead April Rain Barrel Distribution May 3 9AM -Noon Annual City-Wide Clean-up Day Jan. 4 & Mid-summer Twice Annual Cardboard Recycling Event at Public Works Facility May 12 –14 Aug. 18 –23 Twice Annual Curbside Branch Chipping May 19 –23 City-wide Hydrant Flushing STAY CONNECTED •Get Updates via savmn.com •Sign up for notifications •Receive Snow Plow Alerts •Email us at city@savmn.com •After Hours Emergency: 612-782-3340 92 11 STAY INFORMED ANNUAL REPORTS 2025 This report can be viewed online at: www.savmn.com 93 THIS PAGE LEFT INTENTIONALLY BLANK 94 St Anthony Annual Report 3/20/2025 1 2024 POLICE DEPARTMENT ANNUAL REPORT Jeff Spiess, Police Chief Integrity. Courage. Compassion. Department Summary Department Strength 22 Full Time Police Officers (4 Contract) 1 Full Time Community Service Officer 2 Part Time Cadets 1 Full Time Civilian Support Staff Department Fleet 7 Marked Squads 1 Marked CSO Unit 5 Passenger Vehicles Assigned to Chief, Captain, Detective & Special Detail 95 St Anthony Annual Report 3/20/2025 2 Crime Statistics: Part I Crimes Murder Rape Robbery Agg Assault Burglary Theft MV Theft Arson 2022 0 2 9 4 66 253 52 1 2023 0 3 8 5 33 217 39 0 2024 0 2 5 7 38 191 38 0 0 50 100 150 200 250 300 2022 2023 2024 Crime Statistics: Part II Crimes Assault Property Damage Forgery DOC DWI/Liquor Weapons Drugs 2022 21 38 28 12 2 6 16 2023 23 25 3 13 29 5 9 2024 43 49 4 23 14 2 7 0 10 20 30 40 50 60 2022 2023 2024 96 St Anthony Annual Report 3/20/2025 3 0 50 100 150 200 250 300 350 400 450 2020 2021 2022 2023 2024Part I Part II Crime Statistics: Part I & II Crimes by Year Investigation Review 522 218 Total Cases Cleared 156 Total Cases Cleared by Arrest 62 Total Criminal Cases Total Cases Cleared by Other 97 St Anthony Annual Report 3/20/2025 4 7322 7201 7415 7723 8418 6400 6600 6800 7000 7200 7400 7600 7800 8000 8200 8400 8600 2020 2021 2022 2023 2024 Calls for Service Patrol Review RESPONSIVE | PROACTIVE | DETERENCE | SAFETY •16 personnel assigned to Patrol •Four Shifts: 1 supervisor and 3 officers •Respond to 911 calls •Proactive Patrol •Community Building •Crime Detection and Deterrence •Traffic Safety Initiative 98 St Anthony Annual Report 3/20/2025 5 Patrol Review: Reason for Stop Data Moving 83% Vehicle 14% Investigative 6% 911 Call 2% Moving Vehicle Investigative 911 Call Education Overview •Content reviewed by MN POST Board and Saint Anthony PD Command to ensure adherence with Strategic Plan •Implemented Vector Solutions Software to document training, streamline records, and assist with compliance •Utilizes both virtual and in-person platforms Total Training Hours: 1894 Training Objective Provide continued professional development, enhance safety of officers and community & foster unity of purpose and cooperation with the community. 99 St Anthony Annual Report 3/20/2025 6 Education Summary 152 675 104 198 765 0 100 200 300 400 500 600 700 800 900 LEADERSHIP ANNUAL POST/LICENSE REQUIREMENTS OFFICER WELLNESS OSHA TRAINING ELECTIVEHOURS TOTAL TRAINING HOURS + 1,894 2024 TRAINING HOURS LEADERSHIP Social Media Team Officers use social media as a method of effectively informing the public about department services, issues, investigations and other relevant events. 100 St Anthony Annual Report 3/20/2025 7 Social Media Strategic Plan | Community Engagement •Enhanced Social Media •Increased outreach to under-represented groups •Focus on Youth & High School Outreach •New Events •Mentorship Programs 101 St Anthony Annual Report 3/20/2025 8 Community Engagement | Our Team Every officer is a community engagement officer. Every encounter is engagement. Team of Four •Operates social media •Meets quarterly to plan •Organizes community events and presents to the public •Develops youth and other programs as a form of engagement and education Community Engagement Collaboration •Annual Summer Survival School / Safety Camp instructing 30 incoming 4th graders on topics such as bicycle safety, using 911, and fire safety •Speaking at Home Alone classes through Community Services •Education and engagement through Social Media 102 St Anthony Annual Report 3/20/2025 9 Community Engagement Events Collaboration •Partnered with Cub Foods to offer “Hot Dogs with Police and Fire” event •Hosted Cops vs Kids Basketball event with funding from St. Anthony Kiwanis •Scam Prevention Seminars •MN Night to Unite •CatGuards (Catalytic Converter Theft Prevention) Body Worn Camera Program 5th Year of Full Implementation Passed required biennial audit, November 2024 with 100% compliance Reviewed 100% of videos in all Use of Force incidents and allegations of officer misconduct 483 Videos Reviewed Monthly Internal Compliance Checks with 98% compliance rate Next biennial audit: November 2026 103 St Anthony Annual Report 3/20/2025 10 Recruitment | Bold Strategy Multi-faceted Approach Nimble &Responsive Quick Contact Lateral Officer Focus Ride-alongs Cadet Program Growth Prompt Interviews Grant Opportunities Wellness Focus Mind | Body | Spirit Peer Support Program •3 officers trained Wellness App Family Support Retiree Support Workout on Duty Chaplain Program Mental Health Checks 104 St Anthony Annual Report 3/20/2025 11 Work Plan Accomplishments STAFFING Bold Recruitment & Retention Plan Promoted new Captain, Lieutenant, two Sergeants, Task Force Officer Hired and training four new officers Implemented Peer Support Team and trained three officers INNOVATION Updated Department’s Strategic Plan, Core Values Purchased and trained officers in new scheduling, training and investigative software Explored department drone program Met with Benchmark Analytics via the LMC Insurance Trust to determine best practices to reduce liability COMMUNITY Conducted thorough department-wide exploratory process to provide feedback to the City Council on decision to provide policing services to Falcon Heights Held two Coffee with the Chief events, along with several Coffee with a Cop events. Collected and responsibly disposed of nearly 340 pounds of pharmaceuticals through our Medicine Dropbox program. What’s on Deck Looking Ahead to 2025-2026 Falcon Heights integration Recruitment. Recruitment. Recruitment. Increase involvement with youth Explore migration to body camera cloud storage solution Administer ICPOET Grant Continue traffic data reporting, to include Falcon Heights Expand Peer-to-Peer support team with surrounding agencies Research fitness reward programs Expand use of social media in recruiting Explore therapy dog program Launch drone program 105 St Anthony Annual Report 3/20/2025 12 Stay Connected •Get Updates via savmn.com •Sign up for notifications •Email us at police@savmn.com •Request police records at sapdrecords@savmn.com •Call us at 612-782-3350 to arrange for a meeting via phone or in person Annual Reports 2024 This report can be viewed online at: www.savmn.com 106 FUTURE COUNCIL AGENDA ITEMS Date Type Staff Present / Contributing Packet Due Date 2025 April 8 Work Session City Council City Manager April 1 April 8 Regular Planning Commission Items from March Quarterly Donations & Grants Hennepin County Commissioner Irene Fernando Fire Annual Report Arbor Day Proclamation Earth Day Proclamation Energy Action Plan Quarterly Goals Update City Council City Manager Fire Dept Sustain. Coord. April 1 April 22 Work Session Fire Department Future Staffing Needs City Council City Manager Fire Chief April 15 April 22 Regular Finance Annual Report Insurance Renewal & Tort Limits- Consent Road Improvements and Assessments- PUBLIC HEARING City Council City Manager Finance Director WSB April 15 May 13 Work Session Student community development project presentations City Council City Manager May 6 May 13 Regular Planning Commission items from April Villager of the Year and Business of the Year City Council City Manager May 6 May 27 Work Session Rental Ordinance Review City Council City Manager May 20 May 27 Regular City Council City Manager May 20 June 10 Work Session City Council City Manager June 3 June 10 Regular Planning Commission Items from May Authorize preparation of feasibility study for 2026 street project City Council City Manager June 3 June 24 Work Session Discuss Initial Debt Levy/Updated Street Improvement Plan City Council City Manager Finance Director June 17 June 24 Regular City Council City Manager June 17 July 8 Work Session 2026 Initial Property Tax Levy Scenarios City Council City Manager Finance Director July 1 July 8 Regular Planning Commission items from June Quarterly Donations & Grants Audit Report Quarterly Goals Update City Council City Manager Finance Director July 1 107 FUTURE COUNCIL AGENDA ITEMS Date Type Staff Present / Contributing Packet Due Date July 22 Work Session City Council City Manager July 15 July 22 Regular Liquor Operations Mid Year Report VillageFest Presentation Night to Unite Presentation Night to Unite Proclamation City Council City Manager Liquor Op Mgr Police Chief July 15 August 12 Work Session Discuss Updated Levy Scenarios/Detailed General Fund Budget City Council City Manager Finance Director August 5 August 12 Regular Planning Commission items from July Approve 2026 Feasibility Study and Order Plans and Specs City Council City Manager August 5 August 26 Work Session City Council City Manager City Planner August 19 August 26 Regular 2026 Proposed Budget & Levy Presentation City Council City Manager Finance Director August 19 September 9 Work Session City Council City Manager City Planner September 2 September 9 Regular Commissioner MaryJo McGuire Presentation Planning Commission items from August 2026 Preliminary Operating Budget and Debt Levy-PUBLIC HEARING Students in Leadership-Consent City Council City Manager Finance Director Engineer September 2 September 23 Work Session City Council City Manager September 16 September 23 Regular Spirit of St. Anthony Award Fire Prevention Presentation Planning Commission items from August City Council City Manager Fire Dept September 16 October 14 Work Session 2026 Long Term Capital Budget Plans City Council City Manager Finance Director October 7 October 14 Regular Preliminary Certification of Delinquent Waste Hauler Accounts- Consent Agenda Preliminary Certification of Delinquent Utility Accounts-Consent Agenda Planning Commission items from September City Council City Manager October 7 October 28 Work Session 2026 Utility Rates and Budgets City Council City Manager Finance Director October 21 October 28 Regular Quarterly Donations & Grants Quarterly Goals Update City Council City Manager Finance Director October 21 November 10 Work Session Roles and Expectations for City Commissions Discussion City Council City Manager November 3 108 FUTURE COUNCIL AGENDA ITEMS Date Type Staff Present / Contributing Packet Due Date November 10 Regular Planning Commission items from October 1st Reading Water, Sewer, & Stormwater-PUBLIC HEARING Presentation on Water and Sewer Rates Canvass election results Approval of CIP City Council City Manager Finance Director November 3 November 17 Work Session Commission Interviews City Council City Manager November 10 November 25 Regular Fire Prevention Poster Winners 2nd Reading and Adoption Water, Sewer, & Stormwater Street Project Approve Plans & Specifications, Authorize Advertisement for Bids City Council City Manager November 18 December 16 Work Session City Council City Manager December 9 December 16 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 2025 City & HRA Budgets and Final Property Tax Levy - PUBLIC HEARING 2026 Fee Schedule MS4 Quarterly Goals update Final reading and adoption of water, sewer, & stormwater City Council City Manager Finance Director December 9 December 23 Regular (Typically Cancelled) 2026 January 13 Work Session Tobacco Ordinance Revisions City Council City Manager Code Official ANSR January 6 January 13 Regular Planning Commission items from December Housekeeping Resolutions Resolution for the Street Improvement Bond Reimbursement Quarterly Donations & Grants NYFS Agreement Outside Orgs-Council City Council City Manager NYFS January 6 January 27 Work Session 2026 Goals Draft City Council City Manager January 20 January 27 Regular Public Works Snow Plowing Operations presentation City Council City Manager PW Director January 20 February 10 Work Session City Council City Manager February 3 February 10 Regular Planning Commission items from January Public Hearing-2027 Budget Calendar and Process 2026 Planning Commission Work Plan- (motion only) 2026 Parks and Environmental Commission Work Plan- (motion only) Adoption of Strategic Plan City Council City Manager Finance Director February 3 March 10 Work Session City Council City Manager March 3 109 FUTURE COUNCIL AGENDA ITEMS Date Type Staff Present / Contributing Packet Due Date March 10 Regular Planning Commission Items from February Public Works Annual Report NineNorth Presentation City Council City Manager PW Director March 3 March 24 Work Session City Council City Manager March 17 March 24 Regular Police Annual Report Call for Public Hearing on Road Improvements and Assessments Order the Preparation of Assessments City Council City Manager Police Dept WSB March 17 April 14 Work Session City Council City Manager April 7 April 14 Regular Planning Commission Items from March Quarterly Donations & Grants Fire Annual Report Arbor Day Proclamation Earth Day Proclamation Quarterly Goals Update City Council City Manager Fire Dept April 7 April 28 Work Session City Council City Manager April 21 April 28 Regular Finance Annual Report Insurance Renewal & Tort Limits- Consent Road Improvements and Assessments- PUBLIC HEARING City Council City Manager Finance Director WSB April 21 May 12 Work Session City Council City Manager May 5 May 12 Regular Planning Commission items from April Villager of the Year and Business of the Year City Council City Manager May 5 May 26 Work Session City Council City Manager May 19 May 26 Regular City Council City Manager May 19 110