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HomeMy WebLinkAboutCC PACKET 04262011H.R.A. Meeting immediately follow City Council meeting CITY OF ST. ANTHONY VILLAGE CITY COUNCIL MEETING AGENDA April 26, 2011 7:00 p.m. Call to Order. Pledge of Allegiance. Roll Call. Consideration, D7iscussion, and Passible Action on All of the following items: I. Approval of the April 26, 2011, City Council Meeting Agenda. (action requested.) II. Proclamations and Recognitions. III. Consent Agenda. These items ate considered routine and ;vill be enacted by one motion. Thea will be no separate discussion of these items unless a Councilmember or cih en so requests, in mhmb event the item;Pill be removed from the ConsentAgenda and placed elsewhere on the agenda. A. Approval of April 12, 2011, Council Meeting Minutes. (pp. 1 — 6) B. Licenses and Permits. (p. 7) C. Claims. (pp. 8 —10) D. Resolution 11-029; Accepting a Donation to the St. Anthony Police Department's Crime Prevention Program from Residential Mortgage Group on behalf of Richard Larsen and Lucy Blake -Larsen. (pp. 11 — 13) E. Resolution 11-030; Acceptinga. Grant from the Federal Emergency Management Agency in the amount of `17,795 for Replacement of the Warning Siren. (pp. 14 —18) IV. Public Hearing. A. 2012 Budget. Mike Mornson, City Manager & Roger Larson, Finance Director, presenting. (pp. 19 — 24) V. Reports from Commission and Staff. VI. General Business of Council. A. Ordinance 2011-01; Amending the Tobacco Ordinance. Mike Mornson, City Manager, presenting. (final reading) (pp. 25 — 32) B. Ordinance 2011-02; Terminating the Moratorium on the issuance of licenses for pipe and tobacco shops. Mike Mornson, City Manager, presenting. (first reading) (pp. 33 — 34) C. Resolution 11-031; Supporting Transportation Funding. (pp. 35 — 37) VII. Reports from City Manager and Council members. VIII. Community Forum. Individuals may address the City Council about any item not included on the reg;rlar agenda. Speakers are requested to come to the podium, sign their name and address on the form at the podium, state their name and address for the Clerk's record, and limit their remarks to five minutes General, the City Council ;Pill not take ofcial action on items discussed at this time, but may ypically 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. FACouncil Meetingsi20111042620111agendapg#.doc 1 1 CITY OF ST. ANTHONY 2 CITY COUNCIL REGULAR MEETING MINUTES 3 APRIL 12, 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 and City Attorney Jerome Gilligan. 18 19 20 CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING 21 ITEMS. 22 23 I. APPROVAL OF APRIL 12, 2011 CITY COUNCIL MEETING AGENDA. 24 25 Motion by Councilmember Gray, seconded by Councilmember Jenson, to approve the City 26 Council Meeting Agenda of April 12, 2011. 27 28 Motion carried unanimously. 29 30 Il. PROCLAMATIONS AND RECOGNITIONS. 31 32 None. 33 34 111. CONSENT AGENDA. 35 36 A. Consider March 22, 2011 Council meeting minutes,• 37 B. Consider licenses and permits• and 38 C. Consider payment of claims 39 40 Motion by Councilmember Stille, seconded by Councilmember Roth, to approve the Consent 41 Agenda items. 42 43 Motion carried unanimously. 44 45 IV. PUBLIC HEARING. 46 47 None. 48 49 V. REPORTS FROM COMMISSION AND STAFF. City Council Regular Meeting Minutes April 12, 2011 Page 2 None. VI. GENERAL BUSINESS OF COUNCIL A. Ordinance 2011-01; Amending the Tobacco Ordinance Mike Mornson City Manager, presenting. 9 City Manager Mornson advised that this represents the Second Reading of the proposed 10 amendments to the tobacco ordinance and presented the staff report, legal opinion from counsel, 11 list of current tobacco license holders, and proposed revisions to the ordinance. He noted that the 12 only change made to the ordinance from the First Reading is contained in § 111.057, removing 13 the section title "Specific Operational Standards" and replacing it with "Smoking Prohibited," 14 and the paragraph under this section now reads "It shall be unlawful for the lighting, inhalation 15 inhaling, exhaling or combination thereof of tobacco, tobacco products, or tobacco related 16 devices by any person for the purpose of testing or sampling a tobacco product prior to the sale 17 of such product." 18 19 Mr. Saeed Kablawi, owner of Flamezz Hookah, appeared before the City Council and stated his 20 disagreement with the proposed amendments. He indicated he has been conducting his business 21 since August of last year in a responsible, respectable fashion that serves to bring cultural change 22 in a diverse business, and he has been providing seven or eight jobs in the City. He expressed 23 concern that the proposed amendments will set a bad example for people wanting to invest or 24 open a business in the City, resulting in loss of tax revenue for the City. He stated that when he 25 opened his business, he did everything asked of him by the City, including the ventilation system 26 which cost him a lot of money. He requested that the City grandfather his business in as it 27 relates to this ordinance. He added that if the proposed amendment is passed, he is willing to 28 pursue legal recourse. He then recited a paragraph from a recent "Village Notes" publication 29 referencing the need for all of us to hear other points of view and to have a civil discussion. 30 31 Mr. Eric Brever, attorney Flamezz Hookah, appeared before the City Council and renewed his 32 objection to the proposed ordinance amendments. He requested that the City Council reconsider 33 the issue and apply the amendments to only new tobacco licensees. He stated that Mr. Kablawi 34 has put forth a lot of money in his business and his client is concerned that the amendments will 35 put him in a position to fight this politically and as a legal matter. He advised the City Council 36 that his client is considering pursuing legal action. 37 38 Ms. Rosalie Hall, 3815 Stinson Boulevard, appeared before the City Council and stated that her 39 apartment building is located across the street from Flamezz Hookah. She indicated that last fall, 40 there was a lot of noise as well as a fight in the parking lot and she contacted the Police 41 Department. She expressed concern that residents in her building are not able to have their 42 windows open at night because of yelling and noise coming from the business. She stated that 43 the Police hung a curfew sign but that has not helped. She indicated that the people coming out 44 of the business are loud, obnoxious, and the residents in her building should not have to listen to 45 that. She then presented a handwritten letter from several residents in her apartment building for 46 placement into the record. 2 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 City Council Regular Meeting Minutes April 12, 2011 Page 3 Mr. Glen Bona, 4451 Benjamin St, Columbia Heights, appeared before the City Council and stated that he has not experienced any noise coming from the business and he likes having the hookah there. He indicated that there is a sign posted in the business asking people to be quiet and Mr. Kablawi is aware of the issue and wants to address the problem. He added that he would prefer to see this business rather than seeing the space sit empty. Mr. Yamen Haidani, 3937 Silver Lake Road, St. Anthony, appeared before the City Council and stated that Flamezz operates a clean environment inside and out and he enjoys going to the business because it provides an opportunity to meet people from different ethnic backgrounds. He stated that he would like to see this business stay open and requested that the City make the decision to grandfather this licensee in. He added that he would rather see taxpayer money spent on problem businesses versus spending money on lawyers. Mr. Firas Kablawi, 672 Marble Street, Vadnais Heights, appeared before the City Council and stated that he feels Flamezz provides an opportunity to meet people from different backgrounds and different schools of thought. He requested that the City Council keep this business open. Mr. Michael Bird, 3416 Edward Street, St. Anthony, appeared before the City Council and stated that he recently read an article about this issue and the article came across like the City Council is regulating indoor smoking. He indicated that he did not think that was something the City Council should be spending time on and requested that any problems or complaints associated with the business be addressed through other means. Mr. Nick Alexander, 3762 Brighton Way, Arden Hills, appeared before the City Council and stated that Flamezz is a cultural hub for people of different ethnicities to come together. He indicated he has frequented the business a lot and felt it was usually quiet with people playing cards or discussing politics. He stated that he felt a bar would cause more of a disturbance than a hookah lounge. He requested that the City grandfather this business in. Mayor Faust expressed the City Council's thanks to all the speakers. He stated that the City Council has to decide what is best for the entire community and it is important to hear all sides of the issue. City Attorney Gilligan requested that the City Council amend § 111.057 to read "It shall be unlawful for the lighting, inhaling, exhaling or combination thereof of tobacco, tobacco products, or tobacco related devices by any person duct prief to the sale of such ..rod • t in any retail establishment." He advised that this revision represents the change adopted by the City Council at its First Reading. Councilmember Gray stated that it was important for the City Council to differentiate its opposition to smoking in a business vis -A -vis any noise issues associated with this business. He indicated that the City has several tobacco license holders and expressed concern that if one of these license holders decided to open up part of its store for the sampling of tobacco, the City would be forced to allow it under the current ordinance, which he does not want to see happen. 3 3 4 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 City Council Regular Meeting Minutes April 12, 2011 Page 4 He reiterated that any noise issues are separate and not being addressed as part of the ordinance amendments. Councilmember Stille stated that it was important for the public to know that this ordinance amendment is not about putting anyone out of business but rather is about leveling the playing field to any business that sells tobacco so that the City does not have businesses operating under different sets of rules. He noted that the socialization that occurs at this business can still occur. Councilmember Jenson stated that the City currently has 11 businesses that can sell tobacco products, with two businesses that can consume on-site and nine businesses that cannot, which has resulted in a double standard. He indicated that there is a flaw in the current ordinance and the proposed amendment is intended to correct the double standard that currently exists. Councilmember Roth asked if the City has received a lot of noise complaints at this location compared to other businesses. Mayor Faust reminded the City Council that any noise complaints are handled under the City's noise ordinance and should not enter into the City Council's decision-making process related to the tobacco ordinance. Councilmember Roth indicated that he was struggling with the word "sampling" because he felt sampling means consumption. He felt it was only fair that the 11 tobacco licensees in the City play by the same rules on a level playing field, and changing the tobacco ordinance will accomplish that. Mayor Faust stated the reason for the moratorium was because the City Council did not feel there was a level playing field for all tobacco licensees. He advised that the City Council is not shutting down any businesses; rather, it is stopping the sampling of tobacco. Motion by Councilmember Stille, seconded by Councilmember Jenson, to approve the Second Reading of Ordinance 2011-01; Relating to Regulation of Tobacco Sales, Amending Section 111 of the St. Anthony City Code, with the amendment to § 111.057 as discussed earlier. Councilmember Roth asked if the City had received any calls or letters regarding the ordinance amendment other than what was presented this evening. City Manager Morrison replied that two telephone calls were received supporting the ordinance amendment. Motion carried unanimously. B. Quarterly Goals Update Mike Morrison City Manager, presenting. Mr. Morrison presented the first quarter goals update and reported the following: 0 City Council Regular Meeting Minutes April 12,2011 Page 5 1 . Implement phosphorous reduction with grant: The City received an extension to 2012 2 from Rice Creek Watershed District for a grant to assist with clean-up of Salo Pond. 3 • Become a GreenStep City: Work has begun on the initiative following approval of the 4 City Council resolution. 5 • Complete 2011 street, utility and sidewalk project: The 2011 street project is underway 6 with CenterPoint performing work in preparation for the City's road crew. 7 e Veteran's Memorial: The Memorial has support from the City Council along with the 8 local Chamber and Kiwanis. 9 . Meet with Community Services — learn issues, see how the City can help: Meeting held 10 with Wendy Webster. 11 • Tenant Use Liability Insurance Program — TULIP: Meeting held with Wendy Webster. 12 • Sustainable house remodel project and foster housing rehabilitation & reinvestment 13 programs: The contract with GMHC was renewed. Staff from GMHC will work with 14 Community Services on two programs this spring regarding home renovation. 15 • Phase III Silver Lake Village: Resolution passed supporting Dominion's funding request. 16 • Identification badges/city hall security: New ID badges for all department heads and the 17 City Council were prepared. 18 • City Council security review: Training was received from the Police Department. 19 • Cooperative ventures with other governments and entities: Meeting held with Columbia 20 Heights and Fridley Fire Departments to discuss joint purchasing. Several projects are 21 also planned for the second quarter. 22 23 Councilmember Stille requested that staff provide further information to the City Council during 24 a worksession regarding the new "SAV" signs planned for secondary City accesses. 25 26 VII. REPORTS FROM CITY MANAGER AND COUNCIL MEMBERS. 27 28 Councilmember Gray: No report. 29 30 Councilmember Jenson reported on his attendance at the April 4 worksession and the April 7 31 Community Services meeting. 32 33 Councilmember Roth reported on his attendance at the April 4 worksession and the April 7 34 meeting of the North Suburban Cable Commission. He stated that the build -out of the Cable 35 Commission's office is on schedule for completion in mid-June. He expressed his thanks to Ms. 36 Moore Sykes for volunteering to participate in a Human Resources workgroup for the North 37 Suburban Cable Commission to review the Cable Commission's human resources and personnel 38 guidelines. He also expressed his thanks to City staff for hosting the meeting. He advised that a 39 Cable Commission work group has been established to create a strategic plan for the cable access 40 corporation and cable commission to make sure that technology stays relevant in an ever - 41 changing environment and to ensure that cable access channels continue to provide access to 42 quality broadcasts. He agreed to provide updates to the Council on this topic. 43 44 Councilmember Stille reported on his attendance at the April 4 worksession. 45 46 Mayor Faust reported on the following: 5 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 City Council Regular Meeting Minutes April 12, 2011 Page 6 • March 24, 2011 joint meeting of cities and townships at the State Capitol • March 24, 2011 meeting with Sen. Marty and other elected officials • April 4, 2011 worksession • Participation on the Regional Council of Mayors and the article in today's paper regarding Mayor Coleman's and Mayor Rybak's trip to Washington, D.C. to discuss ongoing initiatives in Minnesota to improve the economy. • City of Minneapolis project intended to streamline the permitting process, including a survey by the Minneapolis Chamber of Commerce. • April 7, 2011 task force meeting regarding future Minnesota League cities project. City Manager Morrison reported on the following: • 2011 street project anticipated to begin May 2"d; CenterPoint currently performing gas meter replacement. All homeowners should have received a flyer regarding the work and where to call with questions. • Presentation of diplomas to Junior Achievement students at the May 10, 2011 City Council meeting. • Sensible Land Use Coalition email regarding great streets and the role that streets can play in building more attractive neighborhoods. Silver Lake Road is being used as a model by this organization along with two other streets in the metro area. 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. Mr. Jerry Hromatka, President and CEO of Northwest Youth and Family Services, extended an invitation to the leadership lunch/fundraiser on Tuesday, May 3`d, at Midland Hills at 11:30 a.m. Matt Kramer, St. Paul Chamber of Commerce President, will be the keynote speaker. Information is available online at www.nyfs.org or by calling 651-379-3422. IX. INFORMATION AND ANNOUNCEMENTS. Mayor Faust stated that the newsletter went out last week and commended the City Manager on the report to the public regarding goals. 36 X. ADJOURNMENT. 37 38 39 40 41 42 43 44 45 46 Mayor Faust adjourned the meeting at 7:58 p.m. Respectfully submitted, Barbara Hughes TimeSaver Off Site Secretarial, Inc. ATTEST: City Clerk Mayor 11 Saint Anthony Village DATE: April 26, 2011 Approved: T0: Mayor and Councilmembers FROM: License Clerk ITEM: License and Permits for Approval: Water Tree Service, Andover, MN ast Tree, Minneapolis, MN Tree & Landscape, Pierz, MN iitect Mechanical, St Anthony, MN ter Mechanical, Eagan, MN Snelling Company, St Paul, MN I ste Management of MN, Blaine, MN Trite Vending 3301 Silver Lake Rd Gwen Dewars June 19, 2011 US BANK ST. ANTHONY VILLAGE CHECK REGISTER ABLE NOSE & RUBBER, INC. 11 14723] 4/27/2011 $63.59 CCLAIM BENEFITS 14724) 4/27/2011; $20.00 a - 84501ANIMAL CONTROL SERVICES, 11-1 14726 4/27/2011 $96.00 4687 ASPEN WASTE SYSTEMS INC l 147271 4/27/2011 $78.73 97961BEARENCEMANAGEMENTGROU $64.13 WH -111 $2125.00 320 BEISSWENGER S ­14/27/20 14729 4/27/2011 02 _ 4293 BELLBOY CORP 14730 4/27/20111 -111$12 $__1.0,111.65 7168 BOYER TRUCKS INC. -14731 4/27/2011 $128.06 7253 BRAKE & EQUIPMENT WAREH_O 14732 4/27/2011 $30.39 4231 CAPITOL BEVERAGE SALES - - 14733 4/27/2011 $26 849.25_ 61 - CAT CO _ - 14734 -- 4/27/20111 - $64.31 2380 CENTERPOINT ENERGY 14735 4/27/2011 i $10,543.20 4080 CHISAGO LAKES DISTRIBUTI 147361 4/27/2011 $3,639.00 9056iCITY OF ROSEVILLE 14737: 4/27/2011, $5,277.57 8275 CITY OF ST. PAUL 14738 4/27/2011 $90.00 8814jCITY WIDE WINDOW SERVICE 14739; 4/27/2011' $85.50 4095 COCA COLA BOTTLING COMPA 14740 4/27/2011 $139.80 9820CRYSTAL SPRINGS ICE 14741 4/27/2011' $119 76 8557 1DAILEY DATA & ASSOCIATES 14742 4/27/2011 M7.50 41101DICKSON ELECTRIC 14743; 4/27/2011 $2 132 00 9437'DOOR SERVICE CO 147441 4/27/2011 $2,903.00 8411 DRIVER & VEHICLE SERVICE 14745 4/27/2011' $20 00 82841 ELECTION SYSTEMS & SOFTW_ 147461 4/27/2011' $152.19 9604 EMERGENCY VEHICLE SERVIC 147471 4/27/20111 $85.49 y�ao rcRVUaUiv VVHi LKVVUNKJ _.-. 147481 4/27/20111 $9967'', 9236 FSH COMMUNICATIONS ,1. 14749 4/27/2011 $64.13 1030 IG & K SERVICES INC 147501 4/27/2011 $729.17 9876GENAVE 14751: 4/27/2011 $2 257 20 1116 GENERAL INDUSTRIAL SUPPL j 147521 4/27/2611 $16.13 1180 GOODIN COMPANY 147531 4/27/2011 $23 16 9854 GOPHER STATE ONE CALL 14754 4/27/2011 $114.30 9102 GRAND PERE WINES, INC 147551 4/27/2011 $552.80 9704 GRAND VIEW LODGE 14756; 4/27/2011 $345.56 4172 GRAPE BEGINNINGS INC 147571 4/27/2011: $308.75 71881H & L MESABI INC 14758 4/27/2011 ' $195.92 91691 HARBOR FREIGHT TOOLS 14759 4/27/2011 $22.21 8813 HEALTH PARTNERS 147601 4/27/2011 $2,108.26 1505 HENNEPIN COUNTY SHERIFF 14761, 4/27/1 201 $338.96 87 97 HINRICHS/TRESSA 147621 4/27/2011 $89.86 IHOHENSTEIN'S, INC 147631 4/27/2011 $11,925.70 8252'1HOME DEPOT CREDIT SERVIC 14764' 4/27/2011 $101.45 8658 INSTRUMENTAL RESEARCH 1 14765 4/27/2011 $85.56 4125 JJ TAYLOR DISTRIBUTING 147661 4/27/2011 $38,044.84 4220iKOEEPERS, BRCOT ERSLIQUOR 4/27/2011 $44,487.01 NI 14768 4/27/2011 $56.69 9351 LANGUAGE LINE SERVICES 14769a 4/27/2011 $5.95 8434 LEAGUE OF MINNESOTA CITI 14770! 4/27/2011 $684.00 9729 LIFT BRIDGE BEER CO. 14771; 4/27/2011' $78.00 82291LOFFLER BUSINESS SYSTEMS 1 147721 4/27/20111 $1,716.05 US BANK ST. ANTHONY VILLAGE CHECK REGISTER crvu_vn YAYtt 2100 MACQUEEN EQUIPMENT CO 9823 MAILFINANCE 8451 MIDWEST CHILDREN'S RES ----------- 7340 MINNEAPOLIS FINANCE DEPT 7131 MINNESOTA DEPT OF HEALTH 23741MINNESOTA UI FUND_ 9195 MISTER CAR WASH 4299 MPLS. OXYGEN CO. 2395 MTI DISTRIBUTING, INC 14773' 4/27/20111 -$6,6-1-7.3-3 147741 4/27/20111 $122.509 14775 4/27/20111 $16.0 3 14776; 4/27/2011 $204.00 1477T 4/27/2011 $69.00 14778; 4/27/2011 $68.01 14779( 4/27/2011 $160.98 14780 4/27/2011 $13.58 147811 4/27/20111 $95.45 5232 MURPHY S SERVICE CENTER ; 14782; 4/27/2011 _...... _ - -- - j 8996 88831 NEEDHAM DISTRIBUTING CO NEW FRANCE WINE COMPANY 14783) 14784; 4/27/20111 4/27/2011 $548.65 $404.00 4334 NORTHEASTER 14785 4/27/20111 $499.00 9272 NORTHERN FACTORY SALES I i. 14786 4/27/2011; $139.77 45 OFFICE DEPOT 1 147871 4/27/2011 $737.55 5168 OHL/JOHN 14788' 4/27/20111 $60.00 8528 PACE ANALYTICAL SERVICES 14789; 4/27/2011 $285.00 9821 PAPCO INC 14790.; 4/27/2011 $123.53 9275 PAT KERNS WINE MERCHANTS_ 1 14791; 4/27/2011 1 $135 00 4354 PAUSTIS & SONS 147921' 4/27/2011 K997.74 4360 PHILLIPS WINE & SPIRITS 14793! 4/27/2011 $10.427.25 4361PINNACLE DIST i. 14794; 4/27/2011 $280.00 9499,PLAYPOWER LT FARMINGTON,147951 4/27/2011{ V.35-9.86 8851 POWERPLAN 14796'! 4/27/20111 $1,160.45 43851QUALITY WINE CO 14797 4/27/2011' $14,710.23 4492 QWEST 14798 4/27/2011 ! $691.51 9119 RECHECK 14799; 4/27/2011 $15.00 92301 ROYAL TIRE INC 14800; 4/27/2011 $475 38 9182 SAM'S CLUB 14801' 4/27/2011 $105.00 81991SIGNATURE CONCEPTS, INC. 14802; 4/27/2011 $142.89 9402 SOFTWARE HOUSE INTERNATI 148031 4/27/2011 i $1,229.06 9843 SOUTHERN WINE & SPIRITS 148041 4/27/2011 $5245.14 3460 SPRING LAKE PARK LUMBER 14805: 4/27/2011 $54.83 1810 ST. ANTHONY VILLAGE KIWA 14806; 4/27/2011 $50.00 47801SURLY BREWING CO 148071 4/27/2011 $1,651.00 32601T A SCHIFSKY & SONS 14808 4/27/2011 $293 79 9842 TASC 148101 4/27/2011 I $100 00 9264�TAUTGES REDPATHoq LTD. 14810'! 4/27/2011 $16,247.00 9432 TECH SALES CO148111 4/27/2011 $3,910.58 7337 JIMESAVER OFF SITE SECRE 14812', 4/27/2011 $136.H 9590 U.S. � BANK PURCHASING 14813 I 4/27/2011, $11160.F 85611 UNITED RENTALS NORTHWEST_ 14814; 4/27/2011 $116.43 8M UNITED STATES POSTAL SER 14815 4/27/2011 $700 00 4451 148161. 4/27/20111 $82.50 9702 W.D. LAOPIA N COMPANIES LT 14817• 4/27/2011, $60.97 4494 WASTE MANAGEMENT - BLAIN 148181 4/27/2011: $652.73 88871 WELLS FARGO BANK MACN93 14819: 4/27/20111 $1,100.00 8935=ELLS FARGO BANK NA 14820 4/27/2011 $1,039,973.75 8316:WINECOMPANY/THE 14821, 4/27/2011 $371.30 8310 WINE MERCHANTS INC 14827 4/27/2011 $3,228.33 93641WIRELESS WORLD 48231 4/27/2011 $16.03 2 US BANK ST. ANTHONY VILLAGE 10 CHECK REGISTER EN VENDOR _.._ 4175 PAYEE WIRTZ BEVERAGE - GRIGGS (. CHECK_#� DATE AMOUNT 4/27/2011 -$17,82752 14824 9734 WIRTZ BEVERAGE MINNESOTA 14825] ---- 4/27/ $17,960A9 9878 WORLDPOINT ECC, INC 14826 4/27/2011 $389.95 8273 _ WSB & ASSOCIATES_, INC 14827 4/27/2011 I $: 72050 2680 XCEL ENERGY 14828 4/27/2011 $15 914 52 -- 7325 YOCUM OIL COMPANY INC. -- - - 14829 4/27/2011 $10,175.20 TOTAL � $1,363,069.90 11 Em Report Date: Meeting Date: R_F,S r oR ca NCIL OON S�� 7 011.1 April 26, 2011 April 26, 2011 Agenda Section: III. D. ITEM DESCRIPTION: Resolution 11-029; Accepting a Donation to the St. Anthony Police Department's Crime Prevention Program from Residential Mortgage Group (RMG) on Behalf of Richard Larsen and Lucy Blake -Larsen MANAGER'S REVIEW: The St. Anthony Police Department received a donation of $100.00 from Residential Mortgage Group (RMG) on behalf of Richard Larsen and Lucy Blake -Larsen. This donation is the result of a promotion that RMG administering called "Refer a friend. Build your communihj." The St. Anthony Police Department will apply the donation to the Crime Prevention Program. Michael Mornson City Manager Attachments: • Letter from Residential Mortgage Group • Resolution 11-029; Accepting a Donation to the St. Anthony Police Department's Crime Prevention Program from Residential Mortgage Group (RMG) on Behalf of Richard Larsen and Lucy Blake -Larsen FACoimcil Mectings12011\042620111staffdonation RMG iarsen.doc 12 STACY SARGENT Residential Mortgage Group 6 Pine Tree Drive Suite 330 Arden Hills, MN 55112 651-203-8314 Direct 612-240-6583 Cell 651-203-8334 Fax Chief John Ohl St. Anthony Police Department 3301 Silver Lake Road St. Anthony, MN 55418 Chief Ohl: STACY SARGENT Residential Mortgage Group, a division of Alerus Financial, (RMG) has a charitable donation program called, "Refer a friend. Build your community.,, We are extremely excited about this exclusive initiative and have enclosed a brochure which explains the program. CONGRATULATIONS! Our client has selected you to be the beneficiary in conjunction with their mortgage closing with RMG. Enclosed is a check payable to your organization and we hope there will be more to follow. Richard Larsen and Lucy Blake -Larsen of 4024 Fordham Drive NE in St. Anthony, MN 55421 are the donors that selected you as his recipient. Every loan closed with RMG can result in a donation of $100 to a school, a police or fire department or Second Harvest Heartland; it is the donor's choice. To date, we have donated over a half of a million dollars for this program. Please feel free to call if you have any questions. Sincerely Stacy Sargent Loan Officer Ce: Rick Larsen and Lucy Blake -Larsen ERclosures CITY OF ST. ANTHONY VILLAGE RESOLUTION 11-029 A RESOLUTION ACCEPTING A DONATION TO THE ST. ANTHONY POLICE DEPARTMENT'S CRIME PREVENTION PROGRAM FROM RESIDENTIAL MORTGAGE GROUP (RMG) ON BEHALF OF RICHARD LARSEN AND LUCY BLAKE-LARSEN WHEREAS, Residential Mortgage Group (RMG), a division of Alerus Financial (RMG) has a charitable donation program called "Refer a friend. Build your Community"; and WHEREAS, Richard Larsen and Lucy Blake -Larsen held their mortgage closing with RMG and selected the St. Anthony Police Department as their beneficiary; and WHEREAS, the St. Anthony Police Department accepts the $100 donation from RMG for their Crime Prevention Program. NOW, THEREFORE BE IT RESOLVED, that the City of St. Anthony City Council approves Resolution 11-029; Accepting a Donation from the St. Anthony Police Department's Crime Prevention Program from Residential Mortgage Group (RMG) on behalf of Richard Larsen and Lucy Blake -Larsen. Adopted this 26th day of April, 2011. ATTEST: City Clerk Reviewed for administration: Mayor City Manager faCounoll 2011042620111rss nng.Aoc 13 14 Report Date: Meeting Date: RFd-? F,ST-F0R OOkNOIL coNLsr,DLR4PON April 26, 2011 April 26, 2011 Agenda Section: IIL E. ITEM DESCRIPTION: Resolution 11-030; Accepting a Grant from the Federal Emergency Management Agency (FEMA) in the Amount of $17,795 for the Replacement of the Warning Siren located at 3435 Silver Lake Road MANAGER'S REVIEW: The City of St. Anthony's Emergency Management Director submitted a grant application to FEMA to replace the warning siren located at 3435 Silver Lake Road. The intent was to replace the current siren with one that would have coverage to Silverwood Park. The City was recently awarded the grant in the amount of $17,795. Michael Mornson City Manager Attachments: • Email from Jennifer Nelson — notifying the award • Letter from FEMA • Resolution 11-030; Accepting a Grant from the Federal Emergency Management Agency (FEMA) in the Amount of $17,795 for the Replacement of the Warning Siren Iocated at 3435 Silver Lake Road FACouncil Mcelfiigs12011104262011\staffwarningsircn.doc - i - From: Nelson, Jennifer (DPS) [mailto:jennifer.e.nelson@state.mn.us] Sent: Thursday, April 14, 2011 2:28 PM 1 5 To: John Malenick Cc: Huneke, Kammy (DPS) Subject: Notice of HMGP Grant Award - St. Anthony Warning Sirens John, It is with great pleasure that I inform you that FEMA has awarded your grant request for the St. Anthony Warning Sirens project (1900.03). Please keep in mind that although the grant has been awarded, no work on the project can be started until a signed grant agreement has been executed between the City and the State. A member of my financial staff will be contacting you soon about this matter. Again, congratulations and don't hesitate to give me a call if you have any questions. Respectfully, Jen Jennifer E. Nelson Deputy State Hazard Mitigation Officer Minnesota Homeland Security & Emergency Management 444 Cedar Street Suite 223 St. Paul, MN 55101. p. 651.201.7427 O.S. Department of Homeland Security Region V 536 South Clark Street, Floor 6 Chicago, IL 60605 „r^1pARTA, Y5 SOX�\. FEMA APR 14. 20 Ms. Kris Eide, Director Division of Homeland Security and Emergency Management Minnesota Department of Public Safety 444 Cedar Street. Suite 223 St. Paul, MN 55101-6223 Attention: Mr. James Russell, State Hazard Mitigation Officer RE: Project Approval — 1900.03-F St. Anthony, Warning Sirens Dear Ms. Eide: Your application dated March 22, 2011, for the installation of a warning siren, has been approved. The Hazard Mitigation Grant Program (HMGP) funds under the disaster declaration DR -1900 -MN have been obligated for the following project site: Proiect 1900.03-F St. Anthony Warning Siren Federal Share $17,795 The Record of Environmental Consideration was signed March 24, 2011. This project has been cleared under the National Environmental Policy Act (NEPA) and determined to be categorically excluded in accordance with 44 CFR Part 10.8(d)(2)(ix). Please see the attached Record of Environmental Consideration for the environmental conditions applicable to this project. The NEMIS Project Management Report indicates the amount of funds designated for HMGP project and administrative costs. You may only draw down those funds you will disburse within three days of the draw down date. Should you need any assistance or have questions, please have your staff contact Morgan Holloway at (312) 408-5427. Sincerely; Andrew Velasquez III Regional Adrninistrator Attachments: NEMIS Project Management Report Record of Environmental Consideration Environmental Closeout Declaration rvww.fema.gov 04/14/2011 1:39 PM Disaster FEMA Number Project Number 1900 3-F Subgrantee: St. Anthony FIPS Cbde: 053-56680 Mitigation Proiect Description Amendment Status: Approved FEDERAL EMERGENCY MANAGEMENT AGENCY HAZARD MITIGATION GRANT PROGRAM Project Management Report Amendment App ID State Grantee Number 0 3 MN Statewide Project Title : St. Anthony Siren 5% Initiative Approval Status: Approved HMGP-AP-01 17 Project Title: St. Anthony Siren 6% Initiative Grantee ; Statewide Subgrantee : St. Anthony Grantee County Name: Hennepin Subgrantee County Name : Hennepin Grantee County Code : 53 Subgrantee County Code : 53 Grantee Place Name ; St. Anthony Subgrantee Place Name : St. Anthony Grantee Place Code: 0 Subgrantee Place Code: 56680 Project Closeout Date : 00/00/0000 Work Schedule Status Amend # pecI tion Time Frame Due Date Revised Date Completion Date F0oiieit and receive bids i�1 month _ „ _ 00/00/0000 OD/00/0000 00/00/0000 10 ward contract and install siren t month _� 00/00/0000 00/00!0000 OOI00/0000 loseout project - =Fl month 00/00/0000 00!00/0000 L00/00/0000 Approved Amounts Total Approved Federal Total Approved Non -Federal Total Approved Net Eligible Share Percent Federal Share Amount Share Percent Non -Fed Share Amount C _ $23,727 F 75.Oo00o000 $17,79 I 25�OOOOOOOq$5,93 Allocations Allocation IFMIS IFMIS Submission ESSupport ESAmend Proj AllocAmount Grantee Subgrantee Total Number Status Date Date FY Req ID Number Fed Share Admin Amount Admin Amount Alloc Amount 2 A 04/14/2011 04/12/2011 2011 2011659 1$17,79 �J$—IO $17,79 Total $17,79 ��0,, ®L- mJ"E $17,79 Obligations Action IFMIS IFMIS Submission ESSupport ESAmend Suppl Project Obligated Nr Gmntee Admin Subgrantee Total Obligated Status Date Date FY Req ID Number Nr Amt- Fed Share Amount Admin Amount Amount 1 A 04/14/2011 04/14/2011 2011 2017401 2 2 $17,79 [_E� $17,7951 Total F$17,79_,—�� $a� $17,79J5 Page 1 of 1 CITY OF ST. ANTHONY VILLAGE RESOLUTION 11-030 A RESOLUTION ACCEPTING A GRANT FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) IN THE AMOUNT OF $17,795 FOR THE REPLACEMENT OF THE WARNING SIREN LOCATED AT 3435 SILVER LAKE ROAD WHEREAS, the St. Anthony Emergency Management Director applied for a Grant with the Federal Emergency Management Agency (FEMA) for replacement of the warning siren located at 3435 Silver Lake Road;and WHEREAS, the City of St. Anthony was notified on April 14, 2011, of the approval of the grant in the amount of $17,795; and WHEREAS, the City of St. Anthony will begin the process of replacing the warning siren according to the guidelines set forth by FEMA. NOW, THEREFORE BE IT RESOLVED, that the City of St. Anthony City Council approves Resolution 11-030; Accepting a Grant from the Federal Emergency Management Agency (FEMA) in the Amount of $17,795 for the Replacement of the Warning Siren located at 3435 Silver Lake Road. Adopted this 26th day of April, 2011. ATTEST: City Clerk Reviewed for administration: Mayor City Manager _r,_• t r t ar r °a 1t� ♦ ., E yy �, f � sr'; 'i.d:• � i ,�.. ,� .j.r �f __ ♦,, +5 y �« L it �a s y a..- i � _ I ..((�� ,l r .� 'y.��`7V�'i���,4� �., ij � ��i .'� r ��'r�;5�1Z �'. YtN' ii.�+..'r{. t �.:a -A lh�i�tfq ii � ��ir ��f i L i-. it i��, �i i e.,,r S"{5 .,_� Y !tilt �.. � _ ..I �� r <yf �.5� `7r?.��1L 1 �.�43-���}1 �� .�:.'�J ��.�".�+ .y) pati 6 <•. �`Sj1.t�a�V�=itl -e, 1.,.� w .-"�nt�Y '�•i•ri lµ'cC t� a �.f��. J���ti ii-"�i�l�[r Y�P'-��'slf f�.¢e .f'Y �f.iF .I .,... � .����t�.,�,4 ;:e=�,:..: �1 ,,<, �j�.:,:. _.� _ .�r'�r �? .,.s'�. _ ....� �>:,r..f�.z r � . _' .r.: i ,�.rn.!�� , .,�,t,_� •s,���rt.rr...�,;�': ��.: _ {..:.�•r, �.. .,. _ •i- , ., � `. 19 MEMORANDUM DATE: April 20, 2011 TO: Mayor and City Council FROM: Mike Morrison, City Manager Roger Larson, Finance Director ITEM: PUBLIC HEARING — 2012 GENERAL OPERATING BUDGET The attached materials are a summary of the 2011 General Operating Budget. Highlights of the 2011 budget include: 1) General Operating Budget $5,478,000 2) General Fund Levy $2,945,511 a. Same as 2009, 2010 — 0% increase for last three years. b. $108,606 less than the 2011 Levy Limit Set by State. 3) Median Valuation in 2011 a. Down from $238,000 in 2010. 4) City Portion of Property Taxes 5) Breakdown of 2011 Property Taxes: General Fund Road Improvement Levy Public Facilities Tax Abatement PBRA Levy City Taxes $ 225,000 $ 1,252.85 $ 768.10 $ 338.92 $ 106.05 $ 37.83 $ 1.95 $ 1,252.85 The budgeting goals were discussed with the City Council on January 13°i & 14°' at our Financial Management Planning - Goal Setting meetings and Capital Equipment was discussed at the April 4"' work session. 20 04/01/11 IMPORTANT DATES St. Anthony Budget Schedule for 2012 Budget January 13 &14 2011 Goal Setting, Financial Management and Planning. April 4, 2011: Financial Planning/Liquor Revenue Bonds and Capital Equipment Funding. April 26, 2011: Public Hearing/Provide Residents with an Opportunity to have Input in the budget process. May 2, 2011: Work Session with Department Heads - Discussion on 2012 Budget and evaluate 5 -Year Capital Equipment needs. May - July: City Manager & Staff Meetings to discuss/draft 2012 Budget, August 1, 2011: Work Session with Department Heads — Council & Staff to review the Proposed 2012 General Operating Budget, Discussion on Capital Equipment Budgets. August 23, 2011 Presentation of the Proposed 2012 Operating Budget & Property Tax Levy to the City Council. September 11 2011: Resolution passed: 1) Setting the proposed 2012 Operating Budget and Property Tax Levy. 2) Announce the date and time at which the final Budget and Tax Levy will be discussed. December 13 2011 Presentation of 2012 Operating Budget and Levy with Public Input. 1) Adoption of the 2012 Operating Budget and Property Tax Levy. GENERALFUND REVENUES 2010 2011 Levy BUDGET BUDGET General Fund Levy Property Tax - Levy $2,945,511 $2,945,511 0.00°° Penalties, Interest, Tax Forfeitures $3,000 $3,000 0.00% Property Clean -Up Levy $0 $22,300 100.00% PERA Levy (Rate Increase) $7,500 $7,500 0.00% Licenses $42,500 $41,600 •2.12° Permits $198,750 $204,900 3.09% Dare/School District #282 Levy $14,500 $14,500 0.00% Fire Relief Association - 2% InsurancelPension $52,500 $52,500 0.00/ Intergovernmental Revenue $223,200 $232,400 4.12% Loss: in Market Value Credit ($135,000) ($135,000) 0.00°° Contract Revenue (Lauderdale/Falcon Heights) $1,157,190 $1,180,334 2.00% Charges for Service (Fines) $110,000 $118,500 7.73% Miscellaneous Revenues $190,349 $216,655 13.82% Transfers & Miscellaneous Revenues $448,400 $448,400 0.00/ Other Revenue (Grants, Donations & Misc. Services) $25,000 $40,000 60.00°/ Fund Balance Reserves (2009) $0 $84,900 100.00°/ GENERAL FUND TOTAL REVENUES $5,283,400 $5,478,000 3.68% EXPENDITURES 2010 2011 BUDGET BUDGET Mayor / City Council $58,800 $58,800 0.00% Public/Intergovernmental Relations $25,600 $25,600 0.00% Cable Franchise $35,800 $38,100 6.42% General Management $109,800 $109,400 -0.36% Elections $31,200 $29,000 -7.05% Finance, Insurance I Accounting $284,200 $286,300 0.74% Finance, Assessing $44,600 $44,700 0.22% Legal $75,000 $75,000 0.00% Engineering, Planning /Zoning $5,200 $5,200 0.00% City Building $180,500 $180,500 0.00% Emergency Management $57,300 $59,700 4.19/ Police Protection $1,470,700 $1,554,500 5.70% Lauderdale/Falcon Heights Contracts $999,300 $1,056,100 s.sa% Maintenance Repair- Vehicles (Police) $81,900 $82,400 0.61% DARE $14,500 $14,500 0.00% Fire Protection $744,700 $760,800 2.16% Maintenance Repair - Vehicles (Fire) $26,300 $26,700 1.52% Fire Relief Association - 2% Insurance/Pension $52,500 $52,500 0.00% Inspections, Building/Plumbing/Heating/Health $110,200 $110,500 0.27% Animal Control $2,800 $2,800 0.00% Public Works $513,300 $517,300 0.78% Public Works, Maintenance/Repair Equipment $82,700 $82,500 -0.24% Tree and Weed Care $35,500 $36,200 1.97% Parks $163,800 $176,700 7.88% Community Services - Grandfather Levy/Ramsey Recycling $52,200 $52,200 0.00% Other Expenditures (Grants, Donations & Misc. - Offset by Revenue 25,000 $40,000 60.00% GENERAL FUND TOTAL EXPENDITURES $5,283,400 $5,478 000 3.68% 2011 Levy Increase $2,945,511 General Fund Levy $0 0.00% $1,299,683 Road Levy $53,269 $406,676 Lease Revenue Bonds $3,413 $110,500 HRA - Levy $0 $145,066 Tax Abatement - Parks $68,809 171N PERA Rate Increase Levy $$00 $4,914,936 $125,491 2.62% 21 Same for Last Three Yei X C CD CD (a o � o CD r - CD CD cn90 0 N o o a C1 cn CD (n N N K ci 0 a CD M cn CD a cn Ci m z m r mn c z v rn m z c rn 22 �0 iI, o rnG) C X cr r.. cr) -n41, CD Q m o 0� CD G)Z O r1 o rnG) X z K)7 CD m m o 0� CD G)Z � CD c -n G) C °mz r. -P cn C) o K)7 CD X� o 0� CD ME 23 24 WHAT DO I GET FOR MY TAXES - 20117 AVERAGE HOME VALUATION = $225,000 ANNUAL BUDGET TAXES = $768.10 ROAD LEVY TAXES = $338.92 PUBLIC FACILITIES - P/W & FIRE $106.05 TAX ABATEMENT = $37.83 PERA RATE INCREASE $1.95 ESTIMATED ANNUAL TAXES = $1,252.85 EXPENDITURES 2011 TAX LEVY % OF TAXES BUDGET EXPENDITURES LEVY PAID Mayor / Council $58,800.00 $49,675.00 1.69% $12.95 Public/Intergovernmental Relations $25,600.00 $21,627.00 0.73% $5.64 Cable Franchise $38,100.00 $0.00 0.00% $0.00 General Management $109,400.00 $.92,423.00 3.14% $24.10 Elections $29,000.00 $24,500.00 0.83% $6.39 Finance, Insurance/ Accounting $286,300.00 $211,871.00 7.19% $55.26 Finance, Assessing $44,700.00 $37,763.00 1.28% $9.85 Legal $75,000.00 $15,000.00 0.51% $3.91 Engineering, Planning / Zoning $5,200.00 $4,393.00 0.15% $1.15 City Buildings $180,500.00 $152,490.00 5.18% $39.76 Emergency Management $59,700.00 $50,436.00 1.71% $13.15 Police Protection $1,554,500.00 $905,374.00 30.74% $236.09 Lauderdale/Falcon Heights Contracts $1,056,100.00 $0.00 0.00% $0.00 Maintenance/Repair (Police Vehicles) $82,400.00 $69,613.00 2.36% $18.15 Dare Education $14,500.00 $0.00 0.00% $0.00 Fire Protection $760,800.00 $617,443.00 20.96% $161.02 Maintenance/Repair (Fire Vehicles) $26,700.00 $22,557.00 0.77% $5.88 Fire Relief Pension - 2% Insurance $52,500.00 $0.00 0.00% $0.00 Inspections, Building/Plumbing/Heating/Health $110,500.00 $0.00 0.00% $0.00 Animal Control $2,800.00 $2,365.00 0.08% $0.62 Public Works $517,300.00 $374,324.00 12.71% $97.61 Public Works, Maintenance/Repair Equipment $82,500.00 $69,697.00 2.37% $18.17 Tree and Weed Care $36,200.00 $30,582.00 1.04% $7.97 Parks $176,700.00 $149,279.00 5.07% $38.93 Transfer to Community Services $52,200.00 $44,099.00 1.50% $11.50 Other Expenditures (Grants, Donation & Misc.) $40,000.00 0.00 0.00% 0.00 GENERAL FUND TOTAL EXPENDITURES 5478 000.00 $2,945,511.00 100.00% 1768.10 ROAD LEVY $1,299,684.00 $338.92 PUBLIC FACILITIES - P/W & FIRE $406,676.00 $106.05 TAX ABATEMENT - CENTRAL PARK $145,066.00 $37.83 PERA - RATE INCREASE LEVY $7,500.00 1.95 TOTAL LEVY $4,804,437.00 $1,252.85 STAFF REPORT 25 To: Michael J. Mornson, City Manager Mayor and City Council From: Kim Moore -Sykes, Assistant City Manager Date: April 26, 2011 Subject: Tobacco Ordinance Amendments, 3rd 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 Iocal 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 folders Proposed revised Ordinance 2011-01, An Ordinance Relating to Regulation of Tobacco Sales, and Amending Section 111 of the St. Anthony City Code. F:AStaff Reports1201 M042620I 13RD READING tobacco ordinance stf rpt.doc Q� ;D� 00Rli§8Y". 26 RORUY & WHITNRy I Lo J01tbl!'�7, ;kt�llpuolnntm+�dannynara tanttary 4, 2011 Mr..Miahaol Mt>�ttaon CifyMrtnager • City of St. Anthony 33171 Silver jAel izead St. Anthony, MIDI 55418 Re: Restrictions on Smoking in Tobacco Peoduots Shop Dear Mr. Mornson: An exception to the ban on smoking in public places WcOntained in Minnesota Statqtes, 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, MiimmOta Statutes, Section 144.417, provides that nothing in Minnesota Statutes, Sections 144.414 to 144.417 prohibits the City from coaoting and enforcing more stringent measures to Protect individuals fromsecondhand smoke, and pursuant to this authority the City is considering amendments to its tobacco ordinance to prohibit or restriot smoking in,tobaoco 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 beon raised as to hour to deal with the two encisting tobacco products shops where sampling is presently odcurring. In my opinion the City could prohibit smoking in these shops either us of the effective date of the ordinance or as of a future date specified in the ordinance, lust 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, :uT(l so long as such shop remains Opened and liceiused and the conditioxis 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.lhat provided to Section 111.056 of the City Code. The nuor'atorimn.irnposed by the City for the issuance of new paper mind tobacco license was for one year or until terru,inated by the City Council One year is the nlaxlrnurn t6rn1 of this 1)OR^SEY-& WFIITN EY UP WWW,D O RS GY.00 M I.T 512,340"X6.00 •'F' 6,12,14:p,26Q(3 -SUITIF IN(10' S0 SOUTH SIXTid STRFrr • MINNI-APOLIS, MIN Nf:50TA 5.5402-1495 LISA CANADA rUl OPR AGIA-PACII'li. 27 Mt:altorusou. da typo ai:'moratorlum under Mato law. rithemnrattcirium is k eif0twit.ta the City Council appravas thu atnaadnrtents to the tRba000 otdinan¢a;•tlid �ft3�outits� slwuld'gfsu ado�t•an . ordinance ac that time terrnit tdq the.marafurium. Should you have any questions ptome give me a can, Yours Truixf 7e me Y. Gilligan 7k'G/pmh: OORSEY p WHIMEY 1_1-1, CITYOF &T, ANMON `V'IL'LAOU Tom= Lwosus- Current F,icarrse T�ivtders, :„ MurP'T "service COMO, 3501- 29th Avenue 2. SLOP & GO, 200 - 37LI Avene 3, St, Anthony Viltago Witte & Spirlts, 2602 - 39� Avenue 4. St. Whany Village Wine & Spirits, 2700 kiwy 88 51 Moonlight Hookab, 2900 Pentagon Drive 6. Walgreens, 3800$ilver Lake Road 7. Wal*Mart, 3800 Silver Lake Road a. Freedom Value Service Center, 3810 Silver Lake Road 9. Cub Foods, 3930 Silver Lake Road 10. Mini Maxi, 3259 Stinson Boulevard 11• Flamezz Hookah, 3811 Stinson Boulevard FAStaff Reports\2011\Mbacco Licensees 2011.doc M. 29 CITY OF ST. ANTHONY ORDINANCE 2011-01 AN ORDINANCE RELATING TO REGULATION OF TOBACCO SALES, AMENDING SECTION 111 OF THE ST. ANTHONY CITY CODE The City Council of the City of St. Anthony hereby ordains: Section 1. 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. Section 2. 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 they may be amended from time to time. (1993 Code, § 510.01)" Section 3. Amendment of Section 111.046 of St Anthony City Code. The definition of "MOVEABLE PLACE OF BUSINESS" and "TOBACCO or TOBACCO PRODUCTS" in Section 111.046 of the St. Anthony City Code, shall be amended to read as follows: "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 PRODUCTS. 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; 30 cheroots; stogies, perique; granulated, plug out, 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." Section 4. Amendment of Section 111.047 of St Anthony City Code. Section 111.047 of the St. Anthony City Code, shall be amended to read as follows: "§ 111.047 LICENSE REQUIRED. (A) Generally. No person may directly or indirectly or by means of any device keep for retail sale, sell at retail, offer to sell or otherwise dispose of any tobacco, tobacco products, or tobacco related devices, at any place in the City unless a license has first been issued by the City Council as provided in this section. (B) Specifically. (1) Application. An application for a license to sell tobacco, tobacco products, and tobacco related devices shall be made on a form provided by the City. The application shall contain the full name of the applicant, the applicant's residential and business addresses, and telephone numbers, the name of the business for which the license is sought, and any additional information the City deems necessary. (2) Action. The City Council may either approve or deny the license, or it may delay action for any reasonable period of time as necessary to complete any investigation of the application or the applicant that it deems necessary. if the City Council approves the application, the Licensing Clerk shall issue the license to the applicant. If the City Council denies the application, notice of the denial shall be given to the applicant along with notice of the applicant's right to appeal the City Council's decision. (3) Term. All licenses issued under this subchapter shall be valid for 1 calendar year from the date of March 15. (4) Revocation or suspension. Any license issued under this subehapter may be revoked or suspended as provided in § 111.056. (5) Transfers. All licenses issued under this section shall be valid only on the premises for which the license was issued and only for the person to whom the license was issued. No transfer of any license to an other location or person shall be valid without the prior approval of the City Council. (6) Moveable place of business. No license shall be issued to a moveable place of business. Only fixed location businesses shall be eligible to be licensed under this subchapter. -2- 31 (7) Display. All licenses shall be posted and displayed in plain view of the general public on the licensed premises. (8) Renewals. The renewal of a license issued under this section shall be handled in the same manner as the original application. The request for a renewal shall be made at least 30 days prior, but no more than 60 days before the expiration of the current license. The license holder is not entitled to an automatic renewal of the license. (1993 Code, § 510.05) Penalty, see § 10.99" Section 5. Amendment of Section 111.049 of St Anthony City Code. Section 111.049 of the St. Anthony City Code, shall be amended to read as follows: "§111.049 BASIS FOR DENIAL OF LICENSE. The following shall be grounds for denying the issuance of or renewal of a license under this subchapter; if a license is mistakenly issued or renewed to a person, it shall be revoked upon the discovery that the person was ineligible for the license under this section. (A) The applicant is under the age of 18 years of age; (B) The applicant has been convicted within the past 5 years of any violation of a federal, state, or local law, ordinance provision, or other regulation relating to tobacco products, or tobacco related devices. (C) The applicant has had a license to sell tobacco, tobacco products, or tobacco related devices revoked within the preceding 12 months of the date of application. (D) The applicant fails to provide any information required on the application, or provides false or misleading information. (E) The applicant is prohibited by federal, state, or other local law, ordinance, or other regulation, from holding such a license. (1993 Code, §510.06) (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." Section 6. Amendment of Section 111.050 of St Anthony Cite. Section 111.050 of the St. Anthony City Code, shall be amended to read as follows: "§ 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; (B) By a vending machine, in violation of § 111.051; -3- (C) By self-service methods in violation of § 111.052; (D) As "loonies", as defined in §111.046; (E) If the tobacco or tobacco products contain opium, morphine, jimsonweed, belladonna, Strychnos, cocaine, marijuana, or other delirious, hallucinogenic, toxic, or controlled substances except nicotine and other substances found naturally in tobacco or added as part of an otherwise lawful manufacturing process; and/or (F) To any other person, in any other manner or form prohibited by federal or state law or regulation, or by local ordinance. (1993 Code, § 510.07) Penalty, see § 10.99" Section 7. Addition of Section 111.057 to St Anthony City Code. The St. Anthony City Code shall be amended to add a new Section 111.057 as follows: "§ 111.057 SMOKING PROHIBITF,D. It shall be unlawful for the lighting, inhaling, exhaling or combination thereof of tobacco, tobacco products, or tobacco related devices by any person in any retail establishment." Section 8. Effective Date. This ordinance shall become effective as of the date of its publication. First Reading: March 26, 2011 Second Reading: April 12, 2011 Adopted: ATTEST: City Clerk Publish: St. Anthony Bulletin -4- Mayor 32 33 Vila gnyV Report Date:. Meeting Date: i2 G -t �ST Ori' 00kNCfL OONSfDEZ47-10N April 26, 2011 April 26, 2011 Agenda Section: VI. B. ITEM DESCRIPTION: Ordinance 2011 -- 02; Terminating the Moratorium on the Issuance of New Licenses for Pipe and Tobacco Shops. MANAGER'S REVIEW: The City of St. Anthony's imposed a moratorium on new pipe and tobacco shops at their June 22, 2010 meeting. The City has completed their study regarding the pipe and tobacco shops. Attached is a ordinance amendment terminating the moratorium on issuance of new licenses for pipe and tobacco shops. i2 d 1U, Michael Mornson City Manager Attachments: • Ordinance 2011-02; Terminating Moratorium, on the Issuance of Licenses for Pipe and Tobacco Shops. FACouncil Meetings12011\0426201 kstafford 201102 lerminating moratorium.doc CITY OF ST. ANTHONY VILLAGE ORDINANCE 2011- 02 AN ORDINANCE TERMINATING MORATORIUM ON THE ISSUANCE OF LICENSES FOR PIPE AND TOBACCO SHOPS The City Council of the City of St. Anthony hereby ordains: Section 1. Moratorium Terminated. For the purpose of protecting the planning process while the City conducted a study for the purpose of considering amendments with respect to the regulation of pipe and tobacco shops, the City Council adopted Ordinance No. 2010-002 which imposed a moratorium on the issuance by the City of licenses under Section 111.047 of the City Code for new pipe and tobacco shops that are a tobacco products shop under Minnesota Statutes, Section 144.4167, subd. 4, pursuant to the authority contained in Minnesota Statutes, Section 462.355, subd. 4. The study has now been completed and the moratorium imposed by Ordinance No. 2010-002 is hereby terminated by the City Council. Section 3. Effective Date. This ordinance shall be effective as the date of its publication First Reading: Second Reading: Adopted: Mayor ATTEST: City Clerk Publish: St. Anthony Bulletin 34 '61a Com/ Report Date: Meeting Date: RE6—I F -ST OR Oo NcrL co �sr r�,4Trr �r April 26, 2011 April 26, 2011 Agenda Section: VI. C. ITEM DESCRIPTION: Resolution 11-031; A Resolution Supporting Transportation Funding MANAGER'S REVIEW: This is a resolution presented by the Regional Council of Mayors that is composed of the Mayors of Minneapolis, St. Paul and approximately 45 municipalities in the developed and developing suburbs. This non-partisan, body is in support of the State of Minnesota to continue funding public transit including planned light rail and commuter rail lines. This resolution, once approved will be passed along to our legislature to voice the continued support for transportation funding. Michael Morrison City Manager Attachments: • Resolution 11-031; Supporting'rransportation Funding. F:Woutic iI Meelinps12011\0426201I\staftransporation funding,doe 35 36 CITY OF ST. ANTHONY VILLAGE RESOLUTION 11-031 A RESOLUTION SUPPORTING TRANSPORTATION FUNDING Whereas, the Regional Council of Mayors ("RCM"), is composed of the mayors of Minneapolis, St. Paul and approximately 45 municipalities in the developed and developing suburbs. The collaborative partnership provides a non-partisan platform focused on building action strategies to raise overall economic competitiveness, accelerate innovation and improve the quality of life in the MSP region; and Whereas, our present levels of congestion and our unsafe roads hinder our economic prosperity, erode our quality of life, and complicate numerous aspects of living and doing business in Minnesota; and Whereas, one million additional people are expected to move to the MSP metropolitan region in the next two decades, further exacerbating our already unacceptable traffic congestion; and Whereas, solving our region's transportation problem is a complex and long-term challenge that will require various strategies; and Whereas, Minnesota needs to adequately and strategically expand both its transit and road systems with predictable, adequate, and long-term sources of funding; and Whereas, transportation funding must prioritize public transit within a comprehensive, multi -modal, interconnected transportation system that serves the 11 -county metro area; and that our planned light rail and commuter rail lines, along with expanded bus service, both regular route and BRT, must be expanded to support the population and businesses in our fast-growing region; and Whereas, courageous and visionary legislative leadership is vital to forging a sustainable, long-term transportation plan for our state and region. NOW, THEREFORE, BE IT RESOLVED, that as elected leaders representing cities in Minnesota's fast-growing 11 -county metropolitan region, we hereby declare our belief that transportation has become one of the most vexing problems facing our communities and state. We call upon the leaders in the legislature to create a long- term solution to our transportation needs and, in the short-term, in order to keep our metropolitan area economy vital and flourishing, we call upon the legislature to exercise good judgment and provide adequate funding for Metro Transit so as not to adversely affect the ability of Metro Transit to move workers, students and the thousands of other residents who use those services on a daily basis to get to their jobs, to school or otherwise engage in important economic activity that benefits the region and the State of Minnesota; to not halt or otherwise defer or delay progress on transit projects, including the Central Corridor and the Southwest LRT; to do nothing legislatively that will impede planning for other rail and bus rapid transit projects presently underway; to be mindful that adequately funding our existing transportation system and having the foresight to continue the commitment to both plan and build out our future transit system is critical to the well being of our state and we urge the legislature to provide the kind of leadership and stewardship necessary to accomplish those goals. Adopted this 26th day of April, 2011 ATTEST: City Clerk Reviewed for administration: Jerome O. Faust, Mayor City Manager 37 FUTURE COUNCIL AGENDA ITEMS Iprt126,, 2011 Meeting Meeting Staff Items/Issues Date Type present US Internet Presentation City Council Worksession Discussion on 2012 Budget Manager May 2 ,6;30 pm Plan rive -Year Capital Equipment Ilan Dept. Heads Building Permit Fees Asst. City Mgr Zoning Ordinance Amendment Memorandum of Understanding with School District for the 2011 May 10 Regular Election season City Manager Recognition of Mrs. Wyatt's Class Todd Hubmer SWPPP Public Information Meeting/City Engineer Update May 24 Regular Planning Items from May 17 City Manager PC Representative Worksession Joint Meeting with School Board City Council May 31 C:30 pm Worksession following School Board Meeting City Manager Building Improvement Plan 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 City Couucil 10 am I Ieads June 14 Regular Jan Parker, Ramsey County Commissioner City Council City Manager Planning Items from June 21 PC Representative June 28 Regular Insurance Renewal (two resolutions) Finance Director 2010 Audit Presentation Tautges Redpath July 12 Regular City Manager July 26 Regular Planning Items from July 19 City Manager MN Night to Unite Proclamation PC 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 1 HOUSING AND REDEVELOPMENT AUTHORITY AGENDA CITY OF ST. ANTHONY VILLAGE April 26, 2011 Call to Order. Roll Call. I. Approval of April 26, 2011, H.R.A. Agenda. II. 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. Approve March 22, 2011, H.R.A. Minutes. (pp. 1 — 2) B. Claims. (p. 3) III. Public Hearings. IV. General Policy of Business of the H.R.A. V. Staff Reports. VI. H.R.A. Commissioner Comments. VII. Information. and Announcements. VIII. Adjournment. FACouncil Meetings12011\04262011\1IRA agenda.doc 1 1 CITY OF ST. ANTHONY 2 HRA REGULAR MEETING MINUTES 3 MARCH 22, 2011 4 5 CALL TO ORDER. 6 Chair Faust called the meeting to order at 7:55 pan. 7 8 ROLL CALL. 9 Commissioners present: Chair Faust; Commissioners Gray, Jenson, Roth, and Stille. 10 Commissioners absent: None. 11 Also Present: Executive Director Michael Morrison 12 13 14 I. APPROVAL OF MARCH 22, 2011 HRA MEETING AGENDA. 15 16 Motion by Commissioner Stille, seconded by Commissioner Roth, to approve the March 22, 17 2011 Housing and Redevelopment Authority Agenda as presented. 18 19 Motion carried unanimously. 20 21 II. CONSENT AGENDA. 22 23 Motion by Commissioner Roth, seconded by Commissioner Stille, to approve the Consent 24 Agenda, which consisted of: 25 26 A. H.R.A. Meeting Minutes of February 22, 2011; and 27 B. Claims. 28 29 Motion carried unanimously. 30 31 III. PUBLIC HEARINGS. 32 33 None. 34 35 IV. GENERAL POLICY OF BUSINESS OF THE H.R.A. 36 37 None. 38 39 V. STAFF REPORTS 40 41 None. 42 43 VI. H.R.A. COMMISSIONER COMMENTS 44 45 None. 46 47 VII. INFORMATION AND ANNOUNCEMENTS 48 49 None. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Housing and Redevelopment Authority Meeting Minutes March 22, 2011 Page 2 VIII. ADJOURNMENT Chair Faust adjourned the meeting at 7:56 p.m. Respectfully submitted, Barbara Hughes TimeSaver Off Site Secretarial, Inc. ATTEST: City Clerk Chair 2 N Y r No�N O W O N W VINO J O 1p W i b H C NM 3 H On Tn 000 U \� 0 00 r 00 �� Vl N $ \H OP W WOO yi2v, u w K�°ro m a �xro MH �n,< It, R, N coHn 04 (D H O z x n x W w (D H N n z fY x n r Y r z m n Woo LQ x 000 A, A N \\\ rt www (D \H n x A�V rWr WW n ww x PO �t 00 m�P \\ d v� H r N tn' 0[n ;U H 0y J W W �l Y NW yz 0 Nz N (ny UI O UI HZ� C w C + Y CEJ N Y r No�N O W O N W VINO J O 1p W i b H C NM 3 Tn 000 U 0 000 0 V� 01 WAP Vl N $ OP W WOO yi2v, u w K�°ro m a �xro MH N 04 (D H O z x n x m w Y N fY (D r Y r NNW n Woo x 000 A, A \\\ rrr www \H YY Y rWr N Y r No�N O W O N W VINO J O 1p W i b H C NM 3