HomeMy WebLinkAboutCC PACKET 04122011CITY OF ST. ANTHONY VILLAGE
CITY COUNCIL MEETING AGENDA
April 12, 2011
7:00 p.m.
Call to Order.
Pledge of Allegiance.
Roll Call.
Consideration, Discussion, and Possible Action on All of the }bllowrngitems:
L Approval of the April 12, 2011, City Council Meeting Agenda. (acdon requested.)
II. Proclamations and Recognitions.
III. Consent Agenda.
These items are considered routine and will be enacted by one motion. There will be no separate discussion of these items unless a
Councilmember or citizen so requests, in which event the item will be removed from the Consent agenda and placed elsewhere on the agenda.
A. Approval of March 22, 2011, Council Meeting Minutes. (pp. 1 — 6)
B. Licenses and Permits. (p. 7)
C. Claims. (pp. 8 —10)
IV. Public Hearing.
V. Reports from Commission and Staff.
VI. General Business of Council.
A. Ordinance 2011-01; Amending the Tobacco Ordinance. Mike Mornson, City Manager, presenting.
(second reading) (pp. 11 —17)
B. Quarterly Goals Update. Mike Mornson, City Manager, presenting. (pp. 18 — 22)
VII. Reports from City Manager and Council members.
VIII. Community Forum.
Individuals may address the Ciy Council about ary item not included on the regular agenda. Speakers are requested to come to the podium,
sign their name and adclr-ess on the form at the podium, state their name and address for the Clerk's record, and limit their remarks to five
minutes. Generally, the City Council will not take official action on items discussed at this time, but may typically refer the matter to staff for
a future report or direct the matter to be scheduled on an upcoming agenda.
IX. Information and Announcements.
X. Adjournment.
Our Mission is to be a progressive and livable community, a walkable village, which is safe and secure.
FACounciI Meetings12011\041220111agenda.doc
1
I CITY OF ST. ANTHONY
2 CITY COUNCIL REGULAR MEETING MINUTES
3 MARCH 22, 2011
4
5 CALL TO ORDER.
6
7 Mayor Faust called the meeting to order at 7:00 p.m.
8
9 PLEDGE OF ALLEGIANCE.
10
11 Mayor Faust invited the Council and audience to join him in the Pledge of Allegiance.
12
13 ROLL CALL.
14
15 Present: Mayor Faust; Councilmembers Gray, Jenson, Roth, and Stille.
16 Absent: None.
17 Also Present: City Manager Mike Morrison, Assistant City Manager Kim Moore Sykes, Police Chief
18 John Ohl, City Attorney Jerome Gilligan, Public Works Director Jay Hartman, and Jon
19 North (Ehlers & Associates)
20
21
22 CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING
23 ITEMS.
24
25 I. APPROVAL OF MARCH 22, 2011 CITY COUNCIL MEETING AGENDA.
26
27 Motion by Councilmember Gray, seconded by Councilmember Jenson, to approve the City
28 Council Meeting Agenda of March 22, 2011.
29
30 Motion carried unanimously.
31
32 II. PROCLAMATIONS AND RECOGNITIONS.
33
34 None.
35
36 III. CONSENT AGENDA.
37
38 A. Consider March 8, 2011 Council meeting minutes•
39 B. Consider licenses and permits-, and
40 C. Consider payment of claims.
41
42 Motion by Councilmember Stille, seconded by Councilmember Jenson, to approve the Consent
43 Agenda items.
44
45 Motion carried unanimously.
46
47 IV. PUBLIC HEARING.
48
49 None.
City Council Regular Meeting Minutes
March 22, 2011
Page 2
2 V. REPORTS FROM COMMISSION AND STAFF.
3
A. Resolution 11-027; Supporting the Preliminary concept of a Veteran's Memorial
Monument within the City of St AnthonyVilla e Doug Koehntop Park Commission
Chair, presenting.
8 Mr. Doug Koehntop, Park Commission Chair, presented several examples of Veteran's
9 Memorials considered by the Park Commission at its last meeting. He advised that the Park
10 Commission proposes to install a memorial honoring military service that would be located in
11 the old horseshoe pits off Silver Lake Road between the fire station and City Hall where it has
12 visibility and accessibility. He stated that the Park Commission believes such a memorial will
13 not exceed $25,000. He noted that the Park Commission is requesting the City Council's
14 endorsement to proceed with developing a concept for the memorial for Council consideration,
15 and added that there appear to be a number of groups that would support the memorial, including
16 the Kiwanis, Lions, and Chamber of Commerce.
17
18 Public Works Director Hartman stated that setback requirements will be taken into consideration
19 once the concept is developed and noted that if the memorial will not fit at this location, it could
20 be located just to the west of the main parking lot.
21
22 Councilmember Roth asked if consideration had been given to locating the memorial to the south
23 of the fire station to avoid having to take away any parking.
24
25 Public Works Director Hartman replied in the affirmative and stated that that area could work as
26 well but the Park Commission's goal is to have as much visibility as possible for the memorial.
27
28 Councilmember Jenson asked who will be responsible for ongoing maintenance of the site.
29
30 Mayor Faust indicated that the memorial would be located on City property so it would be the
31 City's responsibility to maintain the grounds surrounding the memorial. He requested further
32 information regarding the City's ability to accept private donations for the Veteran's Memorial.
33
34 City Manager Morrison advised that any private donations would be accepted by the Council via
35 resolution.
36
37 Councilmember Roth asked what would happen if the amount of funds received for this project
38 was in excess of actual project costs.
39
40 Mayor Faust stated that the City Council could dedicate any excess funds to maintenance costs
41 as part of the final resolution approving the project.
42
43 Motion by Councilmember Gray, seconded by Councilmember Jenson, to approve Resolution
44 11-027; Supporting the Preliminary Concept of a Veteran's Memorial Monument Located
45 Within the City of St. Anthony Village.
46
2
City Council Regular Meeting Minutes
March 22, 2011
Page 3
1 Motion carried unanimously.
2
3 VI. GENERAL BUSINESS OF COUNCIL.
4
5 A. Resolution 11-028; Relating to $3,000,000 General Obligation Improvement Bonds
6 Series 2011A; Awarding the Sale, Fixing the Form and Details and Providing for the
7 Execution and Delivery Thereof and Security Therefor and Levying Ad Valorem Taxes
8 for the Payment Thereof. Jon North. Ehlers & Associates, presenting.
9
10 Mr. Jon North, Ehlers & Associates, presented the results of the General Obligation
11 Improvement Bonds sale held earlier today. He congratulated the City on the outstanding sale
12 results and explained that the City benefited from its excellent "AA" credit rating. He stated that
13 the purpose of the bond sale was to finance the 2011 road reconstruction project and also to
14 refund the 2012-2019 maturities of the City's 2003A bonds, which results in interest rate savings
15 for the benefit of the taxpayer. He stated that the City received eight bids and the low bidder was
16 Morgan Keegan at a true interest cost of 2.9%. He noted that the City saved approximately
17 $32,000 by utilizing a competitive bid process and the City was able to get a premium bid which
18 means there will be more money to put into the project fund. He advised that due to low interest
19 rates, the present value savings represent approximately $63,000, compared to an anticipated
20 savings of $54,000. He then presented the bid tabulations and summary sheet detailing expense
21 revenue streams to support the bonds.
22
23 Councilmember Stille pointed out that the City's refinancing of the 2003A bonds does not extend
24 the amortization period.
25
26 Motion by Councilmember Roth, seconded by Councilmember Jenson, to approve Resolution
27 11-028; Relating to $3,000,000 General Obligation Improvement Bonds, Series 2011A;
28 Awarding the Sale, Fixing the Form and Details and Providing for the Execution and Delivery
29 Thereof and Security Therefor and Levying Ad Valorem Taxes for the Payment Thereof.
30
31 Motion carried unanimously.
32
33 B. Ordinance 11-001; Relating to Regulation of Tobacco Sales, Amending Section 111 of
34 the St. Anthony City Code. Kim Moore Sykes, Assistant City anager, presenting.
35
36 Assistant City Manager Moore Sykes advised that in 2007, Governor Pawlenty signed an
37 amendment to the Freedom to Breathe Act that allowed sampling of tobacco and which also gave
38 local jurisdictions the authority to adopt amendments that are more restrictive in allowing this
39 sampling. She indicated that the City currently has eleven vendors with tobacco licenses and all
40 license holders were mailed notice of the proposed amendments to the tobacco ordinance. She
41 then reviewed each of the proposed amendments with the City Council. She also recited the
42 schedule for the ordinance amendments as contained in the March 22, 2011 staff report.
43
44 Mayor Faust stated that the City will still allow sales of tobacco products, but does not believe
45 sampling of these products is in the best interest of the community, as provided in § 111.057.
46
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City Council Regular Meeting Minutes
March 22, 2011
Page 4
City Attorney Gilligan stated that this is correct and noted that this provision will be modified
slightly for the second reading.
Councilmember Roth requested clarification regarding § 111.049(F) and asked if the City would
deny a license to sell tobacco to someone who rents space and is not the property owner.
City Attorney Gilligan replied in the affirmative.
Mayor Faust stated that this provision was added because most businesses pay a common area
maintenance charge that includes property taxes and this will protect the City in the event
property taxes are delinquent.
Mr. Eric Brever, attorney for Flameez Shop, 3805 Stinson Boulevard, appeared before the City
Council and stated that his client feels frustrated by this process and objects to § 111.057 relating
to sampling. He explained that as part of obtaining its license, his client was required to expend
approximately $180,000 to upgrade the ventilation system for its leaseholder as a requirement of
the City Code in order to open its tobacco shop. He stated that under the new ordinance, his
client's business will not be in existence and the $180,000 expense will be for naught. He added
that his client would not have upgraded the ventilation system had they known this ordinance
amendment was coming, and his client strongly urged the City Council to reconsider allowing
this use for existing licensees.
Councilmember Roth stated it was his understanding that the definition of sample means that
something is free and asked Mr. Brever if his client offers free samples. He also asked how this
ordinance would put Mr. Brevet's client out of business.
Mr. Brever stated that the statutory definition of sample does not require that it be free. He
added that with tobacco products, samples generally have to be paid for and cannot be given
away. He indicated that the definition of sample includes to "try or taste or test" and this "try or
taste or test" could be for a fee, and his client provides sampling for a fee.
Mayor Faust stated that when Mr. Brever's client applied for its tobacco license, the City
instituted a moratorium to study sampling in tobacco shops and that moratorium should have
indicated to Mr. Brever's client whether it was prudent to spend $180,000 to upgrade the
ventilation system. He added that nine of the eleven tobacco license holders do not offer
sampling and the proposed amendments will serve to level the playing field and meet the intent
of the City Council.
Motion by Councilmember Roth, seconded by Councilmember Stille, to approve Ordinance 11-
001; Relating to Regulation of Tobacco Sales, Amending Section 111 of the St. Anthony City
Code.
City Attorney Gilligan suggested that § 111.057 be amended to read "§ 111.057 SPECIFIC
nnr, n n TRW n r cm n r,n n n r,e SMOKING PROHIBITED. It shall be unlawful for the
lighting, inhalation, exhalation or combination thereof of tobacco, tobacco products, or tobacco
0
City Council Regular Meeting Minutes
March 22, 2011
Page 5
related devices by any person in any retail establishment for the purpose of testing or sampli ne a
4 Councilmember Roth accepted the friendly amendment.
6 Councilmember Stille seconded the friendly amendment.
7
8 Motion carried unanimously.
9
10 VII. REPORTS FROM CITY MANAGER AND COUNCIL MEMBERS.
11
12 City Manager Mornson reported on the following:
13 • Census information has been received indicating a population of 8,226, up from 8,012.
14 • April 12 City Council meeting will include a quarterly goals update.
15 • Three Rivers staff will conduct a controlled burn on two acres of vegetation in April at
16 Silverwood Park.
17 • Fire Department pancake breakfast on April 9 at Applebee's from 8:00-10:00 a.m.
18 • The City received approval of its housing plan for the Livable Communities Act from the
19 Met Council.
20 • March 10 Metro City Managers meeting included a legislative update.
21 • March 14 meeting with Ramsey County officials regarding the Vikings football stadium.
22 • Participation in the March 19 Pinewood derby on behalf of the administration staff.
23 • Letter from Fortin Consulting, Inc. acknowledging Brady Panitzkes. The letter was read
24 into the record.
25
26 Mayor Faust extended the City Council's appreciation to Mr. Panitzkes for his dedicated service
27 and stated that this type of acknowledgment brings great credit to the City, the Public Works
28 Department, and the City's employees.
29
30 Councilmember Stille discussed the Pinewood derby event held on March 19,
31
32 Councilmember Gray: No report.
33
34 Councilmember Jenson reported on his attendance at the joint meetings held last week with the
35 Planning Commission and Park Commission.
36
37 Councilmember Roth reported on his attendance at an open house held on March 10 at the North
38 Suburban Cable Commission's new offices. IIe stated that demolition has begun and
39 reconstruction will be completed by the middle of June.
40
41 Mayor Faust reported on the following:
42 • March 9, 2011 Kiwanis meeting
43 • March 11, 2011 attendance at a Future Minnesota League Cities project meeting
44 • March 14, 2011 work session with Park Commission
45 • March 15, 2011 joint meeting with Planning Commission
46 0 March 15, 2011 Chamber of Commerce presentation regarding the City's goals
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City Council Regular Meeting Minutes
March 22, 2011
Page 6
• Presentation of DVD regarding winter maintenance for small sites provided to local
churches. One copy of the DVD will be retained at City Hall and the 20 minute video is
available on the MPCA's website.
VIII. COMMUNITY FORUM.
Mayor Faust invited residents to come forward at this time and address the Council on items that
are not on the regular agenda.
Hearing none, Mayor Faust moved forward with the agenda.
IX. INFORMATION AND ANNOUNCEMENTS.
None.
X. ADJOURNMENT.
Mayor Faust adjourned the meeting at 7:55 p.m.
Respectfully submitted,
Barbara Hughes
TimeSaver Off Site Secretarial, Inc.
ATTEST:
City Clerk
Mayor
0
Saint Anthony Village
DATE: April 12, 2011 Approved:
TO: Mayor and Councilmembers
FROM: License Clerk
ITEM: License and Permits for Approval:
General Contractors License:
Arbor Tree Set -vice, Brooklyn Center, MN
Doran Construction, Bloomington, MN
Gosiak Tree Service, Little Falls, MN
Mechanical, Savage, MN
St Anthony Service
2700 Kenzie Ter
Colleen O'Connell
June 12, 2011
US BANK
ST. ANTHONY VILLAGE
CHECK REGISTER
VENDOR # PAYEE
CHECK #
DATE
AMOUNT
2380 CENTERPOINT ENERGY
14598
3/17/2011
$10,409.21
8411 DRIVER & VEHICLE SERVICES
14599
3/17/2011
$20.00
8634 DRIVER & VEHICLE SERVICES
14600
3/17/2011
$20.00
4492 QWEST
14601
3/17/2011
$546.85
8369 POSTMASTER - MPLSBMEU
14603
3/24/2011
$1,500.00
2680 XCEL ENERGY
14602
3/17/2011
$11,040.55
8964 ACCLAIM BENEFITS
14605
4/13/2011
$20.00
8242 AFFILIATED COMPUTER SERV
14606
4/13/2011
$1,084.48
9761 AMERICAN BOTTLING COMPAN
14607
4/13/2011
$289.20
9250 AMERICAN MESSAGING
14608
4/13/2011
$249.69
8268 AMERICAN PAYMENT CENTERS
14609
4/13/2011
$78.00
9424 ASSOCIATION OF TRAINING
14610
4/13/2011
$40.00
3714 B & F FASTENER SUPPLY
14611
4/13/2011
$10.42
9871 BDI - GOPHER BEARING
14612
4/13/2011
$58.21
8939 BEARCOM
14613
4/13/2011
$194.99
4293 BELLBOY CORP.
14614
4/13/2011
$18,514.09
9778 BERNICK'S
14615
4/13/2011
$1,520.24
9797 BERTELSON
14616
4/13/2011
$97.81
9060 BLAINE LOCK & SAFE INC.
14617
4/13/2011
$480.55
9648 BOUND TREE MEDICAL LLC
14618
4/13/2011
$32.95
4662 BOURGET IMPORTS
14619
4/13/2011
$310.00
7253 BRAKE & EQUIPMENT WAREHO
14620
4/13/2011
$6.94
9875 BROTHERS FIRE PROTECTION
14621
4/13/2011
$491.00
4333 CANNON RIVER WINERY
14622
4/13/2011
$150.00
4231 CAPITOL BEVERAGE SALES
14623
4/13/2011
$19,400.30
4080 CHISAGO LAKES DISTRIBUTI
14624
4/13/2011
$4,332.86
8814 CITY WIDE WINDOW SERVICE
14625
4/13/2011
$69.47
9873 CLEARWIRE LEGACY, LLC
14626
4/13/2011
$1,918.25
4095 COCA COLA BOTTLING COMPA
14627
4/13/2011
$1,412.56
4101 COMMERS CONDITIONED WATE
14628
4/13/2011
$91.56
4107 COMPTON'S COMMERCIAL CLN
14629
4/13/2011
$3,823.99
9820 CRYSTAL SPRINGS ICE
14630
4/13/2011
$113.67
8557 DAILEY DATA & ASSOCIATES
14631
4/13/2011
$1,031.25
9343 DEPARTMENT OF LABOR & IN
14632
4/13/2011
$542.57
8429 DEPARTMENT OF PUBLIC SAF
14633
4/13/2011
$510.00
7371 DISCOUNT STEEL, INC.
14634
4/13/2011
$170.73
8698 EHLERS & ASSOCIATES, INC
14635
4/13/2011
$760.00
4135 ELECTRO WATCHMAN INC
14636
4/13/2011
$221.23
9874 EMBROIDME OF ROSEVILLE
14637
4/13/2011
$128.00
8604 EMERGENCY APPARATUS
14638
4/13/2011
$275.00
8697 EXTREME BEVERAGE
14639
4/13/2011
$950.00
9798 FERGUSON WATERWORKS
14640
4/13/2011
$163.64
9867 FIRST -SHRED
14641
4/13/2011
$431.97
9667 FLAT EARTH BREWING CO
14642
4/13/2011
$179.95
9261 FORESTEDGE WINERY
14643
4/13/2011
$727.80
9021 FOURTH JUDICIAL DISTRICT
14644
4/13/2011
$368.85
1030 G & K SERVICES INC
14645
4/13/2011
$1,058.58
1250 GRAINGER
14646
4/13/2011
$86.21
4172 GRAPE BEGINNINGS, INC.
14647
4/13/2011
$3,338.00
7188 H & L MESABI INC
14648
4/13/2011
$144.60
US BANK ST. ANTHONY VILLAGE 9
CHECK REGISTER
VENDOR # PAYEE
CHECK #
DATE
AMOUNT
9169 HARBOR FREIGHT TOOLS
14649
4/13/2011
$29.97
1420 HAWKINS, INC
14650
4/13/2011
$1,350.86
8221 HEDBACK, ARENDT, KOHL
14651
4/13/2011
$5,000.00
9494 HIGHWAY TECHNOLOGIES, IN
14652
4/13/2011
$194.23
9265 HIRSHFIELD'S INC
14653
4/13/2011
$56.69
4207 HOHENSTEIN'S, INC
14654
4/13/2011
$6,950.72
8252 HOME DEPOT CREDIT SERVIC
14655
4/13/2011
$374.31
4125 JJ TAYLOR DISTRIBUTING
14656
4/13/2011
$49,359.43
4220 JOHNSON BROTHERS LIQUOR
14657
4/13/2011
$20,669.45
780 KEEPERS, INC. - CY'S UNI
14658
4/13/2011
$756.30
9755 L.T.G. POWER EQUIPMENT
14659
4/13/2011
$117.00
4229 LARSON/MICHAEL
14660
4/13/2011
$260.79
9851 LAW ENFORCEMENT TECHNOLO
14661
4/13/2011
$21,968.48
8434 LEAGUE OF MINNESOTA CITI
14662
4/13/2011
$590.00
9729 LIFT BRIDGE BEER CO.
14663
4/13/2011
$130.00
2040 LILLIE SUBURBAN NEWSPAPE
14664
4/13/2011
$288.75
9114 M. AMUNDSON LLP
14665
4/13/2011
$2,289.92
2125 MALENICK/JOHN
14666
4/13/2011
$36.60
2130 MAMA
14667
4/13/2011
$20.00
8193 MCFOA TREASURER
14668
4/13/2011
$230.00
2240 METROPOLITAN COUNCIL
14669
4/13/2011
$43,541.89
8467 MIDWAY FORD
14670
4/13/2011
$80.75
9673 MINNESOTA RURAL
14671
4/13/2011
$125.00
7356 MOORE-SYKES/KIM
14672
4/13/2011
$461.94
9413 MTG
14673
4/13/2011
$4,846.00
5232 MURPHY'S SERVICE CENTER
14674
4/13/2011
$59.00
7159 NAPA AUTO PARTS
14675
4/13/2011
$8.54
9523 NORTHSTAR INSPECTION SER
14676
4/13/2011
$4,00420
8988 NOVACARE REHABILITATION
14677
4/13/2011
$700.00
45 OFFICE DEPOT
14678
4/13/2011
$1,003.41
9872 ONE SOURCE FITNESS, L.L.
14679
4/13/2011
$252.12
9615 PAETEC
14680
4/13/2011
$234.70
4354 PAUSTIS & SONS
14681
4/13/2011
$2,627.02
4360 PHILLIPS WINE & SPIRITS
14682
4/13/2011
$12,876.53
7057 PRAXAIR
14683
4/13/2011
$334.35
9139 PROPERTY KEY, INC.
14684
4/13/2011
$50.00
4385 QUALITY WINE CO
14685
4/13/2011
$18,519.85
9680 SENSUS METERING SYSTEMS
14686
4/13/2011
$811.30
8199 SIGNATURE CONCEPTS, INC.
14687
4/13/2011
$30.00
9127 SIMPLEXGRINNELL
14688
4/13/2011
$1,431.16
9581 SOUTH CENTRAL COLLEGE
14689
4/13/2011
$140.00
9843 SOUTHERN WINE & SPIRITS
14690
4/13/2011
$7,586.63
9259 SPRINT
14691
4/13/2011
$260.00
7072 ST ANTHONY CHAMBER OF CO
14692
4/13/2011
$168.00
3155 ST ANTHONY FIRE RELIEF A
14693
4/13/2011
$1,000.00
4782 ST ANTHONY VILLAGE CENTE
14694
4/13/2011
$1,644.33
9083 ST. ANTHONY RETAIL DEVEL
14695
4/13/2011
$2,573.45
8872 SUCIU/BARB
14696
4/13/2011
$453.85
8382 SUN BADGE CO.
14697
4/13/2011
$1,017.50
4780 SURLY BREWING CO
14698
4/13/2011
$2,135.00
3260 T A SCHIFSKY & SONS
14699
4/13/2011
$409.01
US BANK ST. ANTHONY VILLAGE
CHECK REGISTER
VENDOR # PAYEE
CHECK #
DATE
AMOUNT
9842 TASC
14700
4/13/2011
$100.00
7337 TIMESAVER OFF SITE SECRE
14701
4/13/2011
$346.25
7365 TOLL GAS & WELDING SUPPL
14702
4/13/2011
$97.06
7196 TRANSPORTATION SUPPLIES
14703
4/13/2011
$9.49
4481 TWIN CITY JANITOR SUPPLY
14704
4/13/2011
$208.64
8010 UNIFORMS UNLIMITED
14705
4/13/2011
$35.26
8336 UNITED ELECTRIC COMPANY
14706
4/13/2011
$160.06
8561 UNITED RENTALS NORTHWEST
14707
4/13/2011
$43.58
9166 UNIVERSITY OF MINNESOTA
14708
4/13/2011
$420.00
8227 VERIZON WIRELESS
14709
4/13/2011
$1,187.65
4451 VINOCOPIA
14710
4/13/2011
$677.00
8388 W. W. GOETSCH ASSOCIATES
14711
4/13/2011
$613.51
9702 W.D. LARSON COMPANIES LT
14712
4/13/2011
$48.18
8316 WINE COMPANY/THE
14713
4/13/2011
$3,102.00
8310 WINE MERCHANTS INC
14714
4/13/2011
$4,299.63
4175 WIRTZ BEVERAGE - (GRIGGS
14715
4/13/2011
$30,278.18
9734 WIRTZ BEVERAGE MINNESOTA
14716
4/13/2011
$27,107.06
8273 WSB & ASSOCIATES, INC.
14717
4/13/2011
$192.00
2680 XCEL ENERGY
14718
4/13/2011
$8,282.29
TOTAL
$386,683.09
10
STAFF REPORT 11
To: Michael J. Mornson, City Manager
Mayor and City Council
From: Kim Moore -Sykes, Assistant City Manager
Date: April 12, 2011
Subject: Tobacco Ordinance Amendments, 2nd Reading
In 2007, Governor Pawlenty signed an amendment to the Freedom to Breath Act that allowed sampling
of tobacco and tobacco -related products in the tobacco shop. Also as a part of the amendment, local
jurisdictions were given the authority to adopt amendments to their local ordinances that could be more
restrictive.
On June 22, 2010, the City Council adopted a moratorium to give the City time to study sampling in
tobacco shops in St. Anthony. The moratorium also provided an opportunity to update the City's existing
tobacco ordinance to include all tobacco products and not just cigarettes.
The City Attorney reviewed the proposed revisions and the proposed revised Tobacco Ordinance was
presented by Staff at the first reading on March 22, 2010. As the result of the first reading, an additional
revision was proposed for §111.057, whereby the subdivision title was changed from SPECIFIC
OPERATIONAL STANDARDS to SMOKING PROHIBITED. Additional word changes to that subdivision are
included with the attached revised Ordinance 2011-01.
The timeline below was proposed by City Staff and approved by City Council. Notices of proposed
changes to the City's ordinance were mailed to all of the tobacco vendors in the City of St. Anthony. In
addition, a second notice of the proposed amendments to the City's tobacco ordinance was mailed to all
tobacco vendors on February 24, 2011. The City Council has scheduled three (3) readings for the ordinance
amendments.
Feb.10, 2011 30 -Day Notice due to tobacco retailers notifying them of a proposed change to
the City s Tobacco Ordinance. Second Notice sent on February 24, 2011.
Feb.15, 2011 License Renewal Notice sent to tobacco retailers advising them that they are
required to renew their tobacco license by March 15, 2011. Staff proposes
that this notice and the 30- Day Notice be sent together in the same mailing.
Staff further suggests that the 30 -Day Notice be printed on colored paper to
differentiate this notice from the Licensure Notice.
March 22, 2011 First Reading of the proposed amendments to the Tobacco Ordinance.
April 12, 2011 Second Reading of the proposed amendments to the Tobacco Ordinance.
April 26, 2011 Third Reading of the proposed amendments to the Tobacco Ordinance.
Attachments.
• City Attorney Letter, January 4, 2011
• List of current Tobacco License Holders
Proposed revised Ordinance 2011-01, An Ordinance Relating to Regulation of Tobacco Sales,
amending Section 111 of the St. Anthony City Code.
R:ACouncil Meetings\2011V04122011Astaf2ND READING tobacco ordinance stf rptdocstaf2ND READING tobacco ordinance stf rpt
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January 4, 2011
Mr. Michael Mornson
City -Manager
City of St. Anthony
3301 Silver Lake Road
St. Anthony, MN 5 54 18
Re: Restrictions on Smoking in Tobacco Products Shop
Dear Mr. Mornson:
An exception to the ban on smoking in public places is contained in Minnesota Statutes,
Section 144.4167, Subd. 4, and permits the lighting of tobacco in a tobacco products shop by a,
customer or potential customer for the specific purpose of sampling tobacco products. However,
Minnesota Statutes, Section 144.417, provides that nothing in Minnesota Statutes, Sections
144.414 to 144.417 prohibits the City from enacting.and enforcing more stringent measures to
protect individuals from secondhand smoke, and pursuant to this authority the City is considering
amendments to its tobacco ordinance to prohibit or restrict smoking in tobacco products shops.
While the City is studying whether to amend the ordinance it has imposed a moratorium on the
issuance of new licenses for paper and tobacco shops.
In connection with considering the amendments to the tobacco ordinance I understand
that questions have been raised as to howl to deal with the two existing tobacco products shops
where sampling is presently occurring. In my opinion the City could prohibit smoking in these
shops either as of the effective date of the ordinance or as of a future date specified in the
ordinance. Just because. smoking is presently occurring in these shops does not preclude the City
from prohibiting smoking in these shops under the authority in Minnesota Statutes, Section
144.417. This is similar to the smoking ban in bars and restaurants that was imposed by certain
cities and counties prior to the state-wide smoking ban becoming effective in 2007.
In lieu of prohibiting smoking in existing tobacco products shops the City could
grandfather these shops from the smoking ban subject to certain conditions or rules specified in
the ordinance, and so long as such shop remains opened and licensed and the conditions are
complied with, smoking will continue to be permitted. If the conditions in the ordinance are
violated the right to the sampling of tobacco products in the shop can be revoked or suspended
upon notice and opportunity for a hearing similar to that provided in Section 111.056 of the City
Code.
The moratorium imposed by the City for the issuance of new diaper and tobacco licenses
was for one year or until terminated by the City Council. One year is the tnaxhnntn term of this
DORSEY & WHITNEY LLP • WWW.DORSEY•OOM .. T 612.340,2600 - F 612,040.2868
SUITE 1500 , 50 SOUTH SIXTH STREET • MINNEAPOLIS, MINNESOTA 55402.1408
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13
typo of moratorium under state law. If the moratorium is in effect when the City Council
approves the amendments to the tobacco ordinance, the City Coupo4 should also adopt -an
ordinance at that time terminating the moratorium.
Should you have any questions please give me a call.
Yours Trulz
le7
me P. GilliganV
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ST. ANTHUNY VILLACm
TpBe' co LIcBI sts
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Current License Holders,
1. Murphy Service Center, 3501- 29th Avenue
2. Stop & Co, 2400 - 37th Avene
3. St. Anthony Village Wine & Spirits, 2602 - 39th Avenue
4. St. Anthony Village Wine & Spirits, 2700 Hwy 88
5. Moonlight Hookah, 2900 Pentagon Drive
6. Walgreens, 3800 Silver Lake Road
7. Wal*Mart, 3800 Silver Lake Road
8. Freedom Value Service Center, 3810 Silver Lake Road
9. Cub Foods, 3930 Silver Lake Road
10, Mini Mart, 3259 Stinson Boulevard
11. Flamezz Hookah, 3811 Stinson Boulevard
F'.\Staff Reports\2011\Tobacco Licensees 2011.doc
14
15
CITY OF ST. ANTHONY VILLAGE
ORDINANCE 2011- 01
AN ORDINANCE RELATING TO REGULATION OF TOBACCO SALES,
AMENDING SECTION 111 OF THE ST. ANTHONY CITY CODE
TOBACCO REGULATIONS
RECITALS. The Minnesota Legislature has enacted the Minnesota Clean Air Act (Minnesota
Statutes, Sections 144.411 to 144.417), the purpose of which is to protect employees and the
general public from the hazards of secondhand smoke by eliminating smoking in public places,
places of employment, public transportation and at public meetings, and nothing in the Minnesota
Clean Air Act prohibits the City from enacting and enforcing more stringent measures to protect
individuals from secondhand smoke. Pursuant to this authority and for the purpose of protecting
individuals from the hazards of secondhand smoke the City has determined to prohibit the
lighting of tobacco in a retail establishment by a customer or potential customer for the purpose
of sampling tobacco products.
Amendment of Section 111.045 of the St. Anthony City Code. Section 111.045 of the St.
Anthony City Code shall be amended to read as follows:
§ 111.045 PURPOSE.
The City recognizes that many persons under the age of 18 years purchase or otherwise
obtain, possess, and use tobacco. Tobacco products and tobacco related devices, the sales,
possession, and use are violations of both state and federal laws. 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, and tobacco
related 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, and
tobacco related devices, to protect individuals from the hazards of secondhand smoke, and to
further the official public policy of the State of Minnesota as stated in M.S. § 144.391 and
M.S. § 144.412 , as may be amended from time to time. (1993 Code, § 510.01)
Amendment of Section 111.046 of the St. Anthony City Code. The definition of
MOVEABLE PLACE OF BUSINESS. Any form of business operated out of a truck,
van, 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 transaction.
TOBACCO or TOBACCO PRODUCT'S. Any substance or item containing tobacco leaf,
including but not limited to cigarettes, cigars, pipe tobacco; hookah tobacco; snuff; fine cut or
other chewing tobacco; dipping tobacco; snus; bidis, or any other preparation of tobacco;
cheroots; stogies, perique; granulated, plug cut, crimp cut, ready -rubbed, and other smoking
tobacco; and any product or formulation of matter containing biologically active amounts of
nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation
that the product or matter will be introduced into the human body, but does not include any
cessation product approved by the United States Food and Drug Administration for use as a
medical treatment to reduce and eliminate nicotine or tobacco dependence.
Amendment of Section 111.047 of the St. Anthony City Code. Section 111.047 of the St.
Anthony City Code shall be amended the following sections:
§ 111.047 LICENSE REQUIRED.
(B) Specifieally.
(5) Transfers. All licenses issued under this section shall be valid only on the
premises for which the license was issued and only for the person to whom the license
was issued. No transfer of any license to any other location or person shall be valid
without the prior approval of the City Council.
(8) Renewals. The renewal of a license issued under this section shall be
handled in the same manner as the original application. The request for a renewal shall
be made at least 30 days prior, but no more than 60 days before the expiration of the
current license. The license holder is not entitled to an automatic renewal of the
license. (1993 Code, § 510.05) Penalty, see § 10.99
Amendment of Section 111.049 of the St. Anthony City Code. Section 111.049 of the St.
Anthony City Code shall be amended to add (F):
§ 111.049 BASIS FOR DENIAL OF LICENSE.
(F) 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.
Amendment of Section I I L050 of the St. Anthony City Code. Section 111.050 of the St.
Anthony City Code shall amend section (A):
§ 111.50 PROHIBITED SALES.
It shall be a violation of this subchapter for any person to sell or offer to sell any tobacco,
tobacco product, or tobacco related device:
(A) To a minor;
2
W
Amendment of Section 111.052 of the St. Anthony City Code. Section 111.052 of the St.
Anthony City Code shall amend section (A):
§ 111.052 SELF-SERVICE SALES.
(A) It shall be unlawful for a licensee under this code to allow the sale of single
packages of cigarettes or smokeless tobacco if the customer may have access to the items without
having to request the item from the licensee or the licensee's employees and if there is not a
physical exchange of the single packages of cigarettes or smokeless tobacco between the licensee
or the licensee's clerk and the customer. All single packs of cigarettes or smokeless tobacco shall
either be stored behind a counter, in a case or other storage unit not left open and accessible to the
general public, or otherwise are not freely accessible to customers. Any retailer selling single
packs of cigarettes or smokeless tobacco at the time of adoption of this subchapter, shall have 60
days to comply with this section.
Amendment of Section 111.057 of the St. Anthony City Code. Section 111.057 of the St.
Anthony City Code shall be amended to read as follows:
§ 111.057 SPECIPIC OPERATION r
STANDARDS SM€ilOv'G 1TI20I I€$ITtt,l).
It shall be unlawful for the lighting, inhalation inhaiutg; exhaling or combination thereof of
tobacco, tobacco products, or tobacco related devices by any person for the purpose of testing or
sampling a tobacco product prior to the sale of such product.
Effective Date. This ordinance shall become effective as of the date of its publication.
First Reading: March 22, 2011
Second Reading:
Adopted:
Mayor
ATTEST:
City Clerk
Publish: St. Anthony Bulletin
17
W.
To: Mayor and City Council
From: Mike Mornson, City Manager
Date: April 12, 2011
RE: Quarterly Goals Update
The following information is provided to the Mayor and Council for the first quarterly goals
update. The first page is the pyramid which outlines the City's Mission, Vision, Strategic
initiatives, Goals and Action Items. The third page is the Goals Charting document which lists
53 action items that we are attempting to achieve over the next couple of years. Some action
items maybe added or deleted as the year progresses.
For the first quarter we are making progress on 16 Action Steps. A large portion of the action
items will be on-going from year to year.
19
MISSION
To be a progressive and livable community, a "walkable"
Village which is safe and secure.
Strategic Initintivpc
Environmental
Quality
Technological
Quality Housing,
Generational
Sound, Safe,
Stewardship
Infrastructure
Proficiency
Commercial &
Diversity
Progressive Community
i
Cultivate
Industrial Businesses
Encourage
Maintain
Addendum 1.
Goals
Build &
Maintain &
i Foster &
Create &
i
Cultivate
Enhance
Encourage
Maintain
Communicate
Maintain a Safe
Increase & Maintain
Environmental
Infrastructure
Civic
Healthy
Effectively
& Secure
Fiscal Strength
Responsibility
I
Engagement
Neighborhoods
Community
Action Steps
Single hauler
Explore joint fiber
Enhance
Sustainable house
Use home health
Plan and implement
Reserve plan for
discussion continued
partnership
web page
remodel project
services
new technology for
replacement of capital
Implement
Annual review of
Veterans
identify new areas
Monitor use of
all city equipment
equipment
phosphorus reduction
utility rates to keep
Memorial
for renewal
social media
Continue National
Continue grant tracking
with grant
fund stable
opportunities
(twitter etc,)
Incident
Re-energize interest
Create safe crossing
Meet with
Communityj
Foster housing
Install new "SAV"
Management
System training for
Street light utility fee
in Silver Lake clean-
over railroad tracks
Services --learn
rehabilitation and
signs on
Councillstaff
Update and review the
up
issues, see how the
reinvestment
secondary City
financial plan
Complete 2011
City can help
programs
accesses
Meet with Hennepin
Review effectiveness
street, utility and
County & update
Develop transition plan
of tiered water rates
sidewalk project
Tenant Use
Conduct an open
Advertise
mass dispensing
for Finance Director's
on conservation
Liability Insurance
house for City
volunteer
plan
retirement
Feasibility study to
Program (TULIP)
businesses
opportunities in
Plan &encourage
underground
Village Notes &
Promote & expand
Evaluate charging fees
safe use of golf carts
utilities
Farmer's market in
Phase III Silver
other media
community
on exempt property
and bicycles
Village &
Lake Village
notification
Explore accessible
neighborhoods
Conduct
programs (Nixie)
Review fee for service
Explore public
pedestrian signal
(walkable)
workshop on
charges
g
gardens
(APS) funding
sidewalks &
Identification
Explore
snowplowing
badges/ City hall
Cooperative ventures
"Build a Rain Barrel"
"Rainwater
Complete 39°
"McKnight
security
with other governments
and
Avenue sidewalks
Human Services
and entities
Gardens" workshop
Award" program
Replacement of
Sign "retro-
siren system
Plan 2012 Levy and
Become a
"GreenStep
reflectivity plan
Promote volunteer
street improvement
City"
opportunities
Crime prevention
program
City facilities open
awareness
Turf maintenance
house for residents
Savings account for
workshop
City Council
facility and capital
security review
improvements
Addendum 1.
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22
FUTURE COUNCIL AGENDA ITEMS
dpTil 12, 2011
Meeting
Meeting
Staff
Items/Issues
Date
Type
present
Planning Items from April 19
Tobacco Ordinance - Final Reading
April 26
Regular
Ordinance Terminating the Moratorium on the issuance of
PC Representative
City Manager
licenses for pipe and tobacco shops
Public Hearing on 2012 Budget
Building Permit Fee Increase (1st reading)
Discussion on 2012 Budget
City Council
May 2
Worksession
Five-Year Capital Equipment Plan
City Manager
6:30 pm
Building Improvement Plan
Dept. Heads
US Internet Presentation
Asst. City Mgr
Memorandum of'Understanding with School District for the 2011
Election season
City Manager
May 10
Regular
Recognition of Mrs. Wyatt's Class
SWPPP Public Information Meeting
Todd Hubmer
City Engineer Update
May 24.
Regular
Planning Items from May 17
City Manager
PC Representative
May 31
Worksession
Joint Meeting with School Board
City Council
6:30 pm
City Manager
Special
City Council
June 2
Former Elected Officials Meeting
City Manager
6:30 pm
Department Heads
June 4.
Special
Coffee with the Mayor/City Council
City Council
8:30 am
Special
Facilities Open House
City Council
10 am
Department Heads
June 14,
Regular
City Manager
Planning Items from June 21
PC Representative
June 2s
Regular
Insurance Renewal
Finance Director
2010 Audit Presentation
Tautges Redpath
July 12
Regular
City Manager
July 26
Regular
Planning Items from duly 19
City Manager
MN Night to Unite Proclamation oclamation
1 C Representative
City Council
August 1
Worksession
Review the Proposed 2012 General Operating Budget
City Manager
6:30 pm
Discussion on Capital Equipment Budgets
Department heads
Asst. City Mgr
August 9
Regular
City Manager
August 23
Regular
Planning Items from August 16
City Manager
PC Representative