HomeMy WebLinkAbout08-20-18-WSAGENDA ITEMS
Tobacco 21
Julie Hanson, City Clerk
MEMO.PDF
ATTACHMENT A.PDF
Vegetation Removal And Clear Cutting
Joel Jamnik, City Attorney
MEMO.PDF
ATTACHMENT A.PDF
Council Tracker Update
Dave Perrault, City Administrator
MEMO.PDF
SLWA Follow Up
Dave Perrault, City Administrator
MEMO.PDF
Sympathy/Greeting Card Floral Arrangement Policy
Dave Perrault, City Administrator
MEMO.PDF
ATTACHMENT A.PDF
Preliminary General Fund Budget
Gayle Bauman, Finance Director
MEMO.PDF
ATTACHMENT A.PDF
ATTACHMENT B.PDF
TCAAP Discussion
Dave Perrault, City Administrator
MEMO.PDF
COUNCIL/STAFF COMMENTS
ADJOURN
Mayor:
David Grant
Councilmembers:
Brenda Holden
Fran Holmes
Dave McClung
Steve Scott
City Council
Work Session Agenda
August 20, 2018
5:00 p.m.
City Hall
Address:
1245 W Highway 96
Arden Hills MN 55112
Phone:
651 -792 -7800
Website :
www.cityofardenhills.org
City Vision
Arden Hills is a strong community that values its unique environmental setting, strong residential
neighborhoods, vital business community, well -maintained infrastructure, fiscal soundness, and our
long -standing tradition as a desirable City in which to live, work, and play.
CALL TO ORDER
1.
1.A.
Documents:
1.B.
Documents:
1.C.
Documents:
1.D.
Documents:
1.E.
Documents:
1.F.
Documents:
1.G.
Documents:
2.
AGENDA ITEMSTobacco 21Julie Hanson, City Clerk MEMO.PDFATTACHMENT A.PDFVegetation Removal And Clear CuttingJoel Jamnik, City Attorney MEMO.PDFATTACHMENT A.PDFCouncil Tracker UpdateDave Perrault, City Administrator MEMO.PDFSLWA Follow UpDave Perrault, City Administrator MEMO.PDF
Sympathy/Greeting Card Floral Arrangement Policy
Dave Perrault, City Administrator
MEMO.PDF
ATTACHMENT A.PDF
Preliminary General Fund Budget
Gayle Bauman, Finance Director
MEMO.PDF
ATTACHMENT A.PDF
ATTACHMENT B.PDF
TCAAP Discussion
Dave Perrault, City Administrator
MEMO.PDF
COUNCIL/STAFF COMMENTS
ADJOURN
Mayor:David Grant Councilmembers:Brenda Holden Fran HolmesDave McClungSteve Scott City Council Work Session Agenda August 20, 20185:00 p.m. City Hall Address:1245 W Highway 96 Arden Hills MN 55112 Phone:651 -792 -7800 Website : www.cityofardenhills.org City VisionArden Hills is a strong community that values its unique environmental setting, strong residential neighborhoods, vital business community, well -maintained infrastructure, fiscal soundness, and our long -standing tradition as a desirable City in which to live, work, and play.CALL TO ORDER1.1.A.Documents:1.B.Documents:1.C.Documents:1.D.Documents:
1.E.
Documents:
1.F.
Documents:
1.G.
Documents:
2.
AGENDA ITEM – 1A
MEMORANDUM
DATE: August 20, 2018
TO: Honorable Mayor and City Councilmembers
Dave Perrault, City Administrator
FROM: Julie Hanson, City Clerk
SUBJECT: Tobacco 21 Presentation
Budgeted Amount: Actual Amount: Funding Source:
N/A N/A N/A
Council Should Consider
Providing direction regarding increasing the age to 21 regarding tobacco purchases and/or
restricting the sale of flavored tobacco in Arden Hills.
Background
The Council previously requested information regarding the Tobacco 21 initiative. Many cities
in the metro area are supporting this initiative. Should the Council wish to support the
implementation of tobacco restrictions in Arden Hills, an ordinance amendment would be
required. Staff would work with Tobacco 21 and the City Attorney should the Council wish to
move forward.
Kristen Ackert of Tobacco 21 will provide a presentation regarding this initiative and will
answer questions the Council may have. Attached for your review are handouts provided by
Tobacco 21.
Attachments
Attachment A: Various literature from Tobacco 21
RetailImpactofRaisingTobaccoSalesAgeto21Years
The majority of tobacco
use emerges in individuals
beforetheyreach21yearsof
age, and many adult distrib-
utors of tobacco to youths
are young adults aged be-
tween 18 and 20 years.
Raising the tobacco sales
minimum age to 21 years
across the United States
would decrease tobacco re-
tailer and industry sales by
approximately2%butcould
contribute to a substantial
reduction in the prevalence
of youths’ tobacco use and
dependency by limiting ac-
cess. (Am J Public Health.
2014;104:e18–e21. doi:10.
2105/AJPH.2014.302174)
Jonathan P. Winickoff, MD, MPH, Lester Hartman, MD, MPH, Minghua L. Chen, MD, MPH, Mark Gottlieb, JD,
Emara Nabi-Burza, MBBS, MS, and Joseph R. DiFranza, MD
RECENT RESEARCH HAS HIGH-
lighted the susceptibility of the
young adult brain torapid nicotine
addiction.1,2 While individuals are
still experimenting with tobacco
use and before they are aware of
their own level of addiction, they
first want, then crave, then need
cigarettes, at which point they are
unable to quit.
1 Individuals who
begin smoking at a young age are
more likely to become addicted,
progress to daily smoking, become
heavier tobacco users as adults,
and have difficulty quitting.
3,4
The US Surgeon General has
expressed concern about the po-
tential long-term cognitive effects
of exposure to nicotine during
brain development with the potential
for lasting adverse consequences.
5
For many years, public health
strategies focused on preventing
the onset of nicotine addiction by
relying on the strict enforcement
of laws that prevent the sale of
tobacco to minors younger than
18 years. Indeed, successful ef-
forts to limit tobacco access of
minors by disrupting the sale of
tobacco to minors have made an
important contribution toward
reductions in the prevalence of
tobacco use among minors.
6
A factor that might limit the
impact of preventing the sale of
tobacco to minors is the fact that,
in most communities, 18- to
20-year-olds who can legally pur-
chase cigarettes provide them to
younger friends and family mem-
bers.7 The majority (59%) of
18- and 19-year-olds have been
asked by someone younger than
18 years to buy cigarettes for
them.8 Also, high-school students
are less likely to have 21-year-old
adults than 18- to 20-year-old
adults in their social circles, sug-
gesting reduced opportunities to
access tobacco from older buyers.
9
Inhibiting this well-established
distribution cycle provides one
rationale for increasing the legal
age for tobacco sales to 21 years.
Another rationale stems from
the 2012 Surgeon General’s re-
port finding that almost 90% of
smokers in the United States be-
gan smoking before the age of 21
years.4,10 The report concludes
that if young people can remain
free of tobacco, most will never
start to smoke. Currently, people
who reach the age of 21 years
as a nonsmoker have a minimal
chance of ever becoming a smoker.
For these reasons, there is interest
in extending the benefits of re-
stricting tobacco sales to individ-
uals younger than 21 years.
RECENT CHANGES IN US
TOBACCO SALES AGE LAWS
In consideration of the potential
beneficial public health impact
of raising the tobacco sales age
to 21 years, some US cities and
counties (New York City; Suffolk
County, NY; Hawaii County, HI;
and Needham, Arlington, Sharon,
Canton, Ashland, Wellesley, Dedham,
Dover, Norwood, Scituate, West
Boylston, Hudson, Winchester,
Wakefield, Reading, and Melrose
counties, MA) have already ap-
proved legislation for raising the
age to 21 years, and other cities,
counties, and states are making
legislative or regulatory efforts to
approve similar proposals. With
a single exception, all of these
measures were adopted in either
2013 or 2014. Clearly, the idea
of increasing the minimum to-
bacco sales age to 21 years has
momentum.11
The tobacco industry and re-
tailers argue that raising the sales
age to 21 years will significantly
hurt businesses that depend on
tobacco sales.
12,13 We sought to
determine the proportion of the
current legal tobacco market (‡18
years) that is consumed by18- to
20-year-old smokers to determine
the potential impact to retailers if
the tobacco sales age of 21 years
was universally implemented and
enforced.
We obtained self-reported data
regarding cigarette consumption
by age from the 2011 National
Health Interview Survey (NHIS).
The survey includes both citizen
and noncitizen noninstitutional-
ized civilian American house-
holds. We analyzed data from
33014 respondents who were
asked questions about smoking
in the NHIS Sample Core Adult
Health Behavior Section (‡18
years) database. Current smokers
were identified as having smoked
at least 100 cigarettes in their
lifetime and still smoking when
surveyed. We sought to calculate
the volume of cigarette products
consumed by individuals, between
the ages of 18 and 20 years. Be-
cause the data were derived from
self-reported cigarettes smoked,
it accounts for any tobacco used to
“roll your own,”as well as small
cigars that are functionally iden-
tical to cigarettes. Tobacco con-
sumed by 15- to 17-year-old
smokers was not included as sales
to this population are already
illegal under federal law.
PUBLIC HEALTH POLICY BRIEFS
e18 |Public Health Policy Briefs |Peer Reviewed |Winickoff et al.American Journal of Public Health |November 2014, Vol 104, No. 11
We used SAS version 9.3 (SAS
Institute, Cary, NC) to conduct
data analysis. We calculated mean
average daily and annual cigarette
consumption for current smokers
aged 18 to 20 years and those
aged 21 years or older to determine
the proportion of total cigarette
consumption that is attributable to
18- to 20-year-old smokers.
In our sample of 33014 (Table
1), there were 6138 (18.6%) cur-
rent smokers, 188 (15.2% smoking
prevalence) in the 18- to 20-year-
old group and 5950 (18.7%
smoking prevalence) in the group
aged 21 years and older. The
18- to 20-year-old group of cur-
rent smokers were 49% female,
77% White, 18% Hispanic, and
16% Black, and the current
smokers aged 21 years or older
were 48% female, 77% White,
12% Hispanic, and 17% Black.
About 37% of 18- to 20-year-old
respondents lived with 3 or more
household members compared
with 4% of those aged 21 years or
older (P <.001).
Table 2 demonstrates the lower
daily cigarette consumption of
those aged 18 to 20 years versus
those aged 21 years or older
(8.6 per day vs 12.5 per day;
P <.001). We also found out
that 18- to 20-year-old smokers
make up 3.06% of the total
adult smoking population but ac-
count for just 2.12% of cigarette
consumption.
EFFECTS ON TOBACCO
INDUSTRY AND RETAILERS
If one assumes that the number
of cigarettes smoked by 18- to
20-year-old smokers corresponds
to the number of cigarettes sold to
them or to others on their behalf,
the maximum immediate loss of
sales would be just 2% of the total
cigarette sales in the United States.
If we assume that this intervention
would have a long-term impact
on the prevalence of smoking by
adolescents and young adults, the
gradual aging of this low-tobacco-
use cohort would give plenty of
time for small businesses to adjust
to changing market conditions
were the minimum legal tobacco
sales age raised to 21 years.
Similar objections were raised
decades ago when the national
minimum drinking age was pro-
posed to be raised to 21 years.
After the law was passed and
implemented by most states in the
1980s, a reduction in drinking,
problematic drinking, drinking
and driving, and alcohol-related
crashes among youths was seen.
14
The alcohol industry still survived
by adapting to the changing mar-
ket despite the loss of sales to
those younger than 21 years. Fur-
thermore, retailers are already
required under federal rules to
check the ID of anyone who ap-
pears to be younger than 27 years
seeking to purchase tobacco,
15
so an age-21 requirement would
place no additional compliance
burdens on their staff. The fact
that more than one third of the
18- to 20-year-old young adults
live with 3 or more individuals
highlights the additional potential
for blocking the transfer of to-
bacco use behavior to other
household members.
OVERALL IMPLICATIONS
The evolving neuroscience of
the young adult brain demonstrates
TABLE 1—Basic Characteristics of Respondents and Current Smokers: 2011 National Health Interview Survey, United States
Characteristics
Respondents Aged 18–20 Years
(n =1239), No. (%) or Mean 6SD
Current Smokers Aged 18–20 Years
(n=188), No. (%) or Mean 6SD
Respondents Aged ‡21 Years
(n =31775), No. (%) or Mean 6SD
Current Smokers Aged ‡21 Years
(n=5950), No. (%) or Mean 6SD
Gender
Male 610 (49.23) 96 (51.06) 14201 (44.69) 3112 (52.30)
Female 629 (50.77) 92 (48.94) 17574 (55.31) 2838 (47.70)
Race/ethnicity
White 867 (69.98) 144 (76.6) 24207 (76.18) 4570 (76.81)
Black 245 (19.77) 31 (16.49) 4948 (15.57) 1031 (17.33)
American Indian/Alaska Native 22 (1.78) 2 (1.06) 375 (1.18) 108 (1.82)
Asian Indian 9 (0.73) 0 (0) 394 (1.24) 28 (0.47)
Chinese 19 (1.53) 1 (0.53) 458 (1.44) 35 (0.59)
Filipino 18 (1.45) 3 (1.6) 450 (1.42) 49 (0.82)
Other Asian 43 (3.47) 6 (3.19) 775 (2.44) 100 (1.68)
Not released 4 (0.32) 0 (0) 74 (0.23) 8 (0.13)
Multiple race 12 (0.97) 1 (0.53) 94 (0.30) 21 (0.35)
Hispanic 318 (25.67) 33 (17.55) 5549 (17.46) 721 (12.12)
Household number per family
1 524 (42.29) 87 (46.28) 22369 (70.4) 4368 (73.41)
2 257 (20.74) 55 (29.26) 8159 (25.68) 1328 (22.32)
3 305 (24.62) 34 (18.09) 841 (2.65) 178 (2.99)
‡4 153 (12.35) 12 (6.38) 406 (1.28) 76 (1.28)
Mean 6SD 2.12 61.2 1.88 61.07 1.36 60.66 1.33 60.66
Current smoker 188 (15.2) 5950 (18.7)
Note. The sample size was n=33014 participants.
PUBLIC HEALTH POLICY BRIEFS
November 2014, Vol 104, No. 11 |American Journal of Public Health Winickoff et al.|Peer Reviewed |Public Health Policy Briefs |e19
a special susceptibility to even
experimental tobacco use.
1 Low
minimum sales age laws exploit
that susceptibility to addict youths
to cigarettes for life, with relatively
few cigarettes. Meanwhile, raising
the sales age would appear likely
to have a significant effect on
current tobacco use rates among
youths, decreasing the chances of
a person ever becoming tobacco
dependent. By some estimates,
raising the tobacco sales age to 21
years would reduce tobacco use
prevalence by 55% for 15- to
17-year-old adolescents within
7 years.
16
In 2005, Needham, Massachu-
setts, was the first town in the
country to implement the law to
raise the tobacco sales age to 21
years. Following the implementa-
tion of the law, the Youth Risk
Behavior Surveillance System
and Metro West Health Founda-
tions’Adolescent Health survey
data showed a 47% reduction in
Needham high-school smoking
rate in the 4 years (2006---2010)
after the legislation was imple-
mented.17 Of note, no tobacco re-
tailers have gone out of business in
Needham since implementation.
LIMITATIONS
Although we have not spe-
cifically accounted for other non-
cigarette tobacco or smokeless
tobacco sales, we have accounted
for any tobacco that is smoked and
self-reported as a cigarette, the
form that has the highest disease
burden. According to the Centers
for Disease Control and Preven-
tion’s Morbidity and Mortality
Weekly Report, about 90% of all
combustible tobacco consumption
is cigarettes among adult smokers.
18
In addition, 2012 National Youth
Tobacco Survey data indicate that
the majority of tobacco consump-
tion remains cigarettes, and high-
school students in the young adult
age range (>17 years) are 3 times
more likely to smoke cigarettes
daily than use any other combina-
tion of cigars, bidis, and cigarillos
on a daily basis.
Adult versus youth smokeless
tobacco use rates and amount
consumed are much harder to
quantify and we intentionally ex-
cluded these to avoid reporting
bias. In addition, the US retail
cigarette market is more than 30
times greater than the smokeless
tobacco market, making any adult
versus youth consumption dis-
crepancy unlikely to change our
overall estimate of the tobacco
sales impact.
19
CONCLUSIONS
Overall, a small percentage
of total tobacco sales (2%) is at-
tributed to those younger than
21years, yet most lifetime tobacco
users start smoking before the
age of 21 years. Early tobacco
initiation during young adulthood
comes with a high probability of
addiction, progression to daily
smoking, and heavier tobacco use
in adulthood, and has long-term
harmful health consequences.
Action on this critical issue of raising
the minimum tobacco sales age to
21 years across the United States
has excellent public health and
ethical rationales, and costs almost
nothing to implement through
existing regulatory frameworks.j
About the Authors
Jonathan P. Winickoff, Minghua L. Chen,
and Emara Nabi-Burza are with the
Center for Child and Adolescent Health
Research and Policy, Division of General
Academic Pediatrics, Massachusetts
General Hospital for Children, Boston.
Lester Hartman is with Westwood/
Mansfield Pediatrics, Westwood, MA.
Mark Gottlieb is with the Public Health
Advocacy Institute, Northeastern Univer-
sity School of Law, Boston. Joseph R.
DiFranza is with the Department of Family
Medicine and Community Health, Univer-
sity of Massachusetts Medical School,
Worcester, MA.
CorrespondenceshouldbesenttoJonathan
P. Winickoff, MD, MPH, Center for Child
and Adolescent Health Research and Policy,
Division of General Academic Pediatrics,
MassachusettsGeneralHospitalforChildren,
15th Floor, Suite 1542A, 100 Cambridge
St, Boston, MA 02114 (e-mail: jwinickoff@
partners.org). Reprints can be ordered at
http://www.ajph.orgbyclickingthe “Reprints”
link.
This article was accepted June 26,
2014.
Contributors
J. P. Winickoff originated and designed
this study, drafted the article and revised
it, and takes full responsibility for the
final submission. L. Hartman, M. Gottlieb,
E. Nabi-Burza, and J. R. DiFranza made
substantial intellectual contributions to
the conceptualization and design of the
study, and to editing the article. M. L.
Chen advised on and conducted data
analyses, and participated in the inter-
pretation of results. All authors approved
the final article as submitted.
Acknowledgments
This study was supported by the Na-
tional Institutes of Health, National
Cancer Institute grant R01-CA127127
(J. P. Winickoff) and 2R01-CA087571
(M. Gottlieb), the National Institute on
Drug Abuse, and the Agency for Health-
care Research and Quality.
Note.The funders had no role in the
design or conduct of the study, analysis
and interpretation of the data, or prepa-
ration, review and approval of the article.
HumanParticipantProtection
This study was exempt from institutional
review board approval because it is a
secondary data analysis of a publicly
available data set.
References
1. DiFranza JR, Wellman R, Mermelstein
R, et al. The natural history and diagnosis
of nicotine addiction.Curr Pediatr Rev.
2011;7:88---96.
2. Zhan W, Dierker LC, Rose JS, Selya
A, Mermelstein RJ. The natural course of
nicotine dependence symptoms among
adolescent smokers.Nicotine Tob Res.
2012;14(12):1445---1452.
3. Taioli E, Wynder EL. Effect of
the age at which smoking begins on
frequency of smoking in adulthood.
N Engl J Med. 1991;325(13):968---969.
4. US Department of Health and
Human Services. Preventing tobacco use
TABLE 2—Average Cigarette Consumption by Age for Current Smokers and Percentage of 18- to 20-Year-Old Smokers as a Percentage
of Total Adult Cigarette Consumption: 2011 National Health Interview Survey, United States
Variable
All Participants Aged ‡18 Years,
Mean of No.
Participants Aged
18–20 Years
Participants
Aged ‡21 Years
Participants Aged 18–20 Years,
% of Total Sample
Average daily cigarette consumption per smoker 12.38 8.57 12.50
Average annual cigarette consumption per smoker 4520.28 3131.62 4564.16
No. of current smokers 6138 188 3.06
Total no. of cigarettes smoked in 2011 27745475 588745 2.12
Note. Current smokers included both daily and nondaily users, and lifetime consumption of greater than 100 cigarettes. The same size was n=33014 participants, including n=6138 current
smokers; 18.6% of the population reported lifetime use of greater than 100 cigarettes and some level of current use.
PUBLIC HEALTH POLICY BRIEFS
e20 |Public Health Policy Briefs |Peer Reviewed |Winickoff et al.American Journal of Public Health |November 2014, Vol 104, No. 11
among youth and young adults: a report
of the Surgeon General, 2012. Available
at: http://www.surgeongeneral.gov/
library/reports/preventing-youth-tobacco-
use/#Full%20Report. Accessed November
26, 2013.
5. US Department of Health and
Human Services.The health consequences
of smoking —50 yearsof progress: a report
of the Surgeon General, 2014. Available
at: http://www.surgeongeneral.gov/
library/reports/50-years-of-progress/exec-
summary.pdf. Accessed June 1, 2014.
6. DiFranza JR. Which interventions
against the sale of tobacco to minors
can be expected to reduce smoking?Tob
Control. 2012;21(4):436---442.
7. DiFranza JR, Coleman M. Sources of
tobacco for youths in communities with
strong enforcement of youth access laws.
Tob Control. 2001;10(4):323---328.
8. Ribisl KM, Norman GJ, Howard-
Pitney B, Howard KA. Which adults do
underaged youth ask for cigarettes?Am J
Public Health. 1999;89(10):1561---1564.
9. Ahmad S. Closing the youth access
gap: the projected health benefits and cost
savings of a national policy to raise the
legal smoking age to 21 in the United
States.Health Policy. 2005;75(1):74---84.
10. Mowery PD, Brick PD, Farrelly MC.
Legacy first look report 3. Pathways to
established smoking: results from the
1999 National Youth Tobacco Survey.
Washington DC: American Legacy
Foundation; 2000.
11. Winickoff JP, Gottlieb M, Mello MM.
Tobacco 21—an ideawhose time hascome.
NEnglJMed. 2014;370(4):295---297.
12. Discussion draft sociopoliticalstrategy.
Chart. January 21, 1986. Philip Morris.
Bates no. 2043440040/0049. Available
at: http://legacy.library.ucsf.edu/tid/
aba84e00. Accessed January 10, 2014.
13. Wade CM. Proposal on teen smok-
ing decried. Available at: http://www.
bostonglobe.com/metro/regionals/
north/2013/12/01/board-plan-increase-
tobacco-buying-age-newburyport-riles-store-
owners-mayor/9IcbV2ra3L5nCi06jILJJK/
story.html. Accessed February 27, 2014.
14. McCartt AT, Hellinga LA, Kirley BB.
The effects of minimum legal drinking
age 21 laws on alcohol-related driving
in the United States.J Safety Res. 2010;
41(2):173---181.
15. Cigarettes and smokeless tobacco,
21 CFR § 1140.14(b).
16. Ahmad S, Billimek J. Limiting youth
access to tobacco: comparing the long-
term health impacts of increasing ciga-
rette excise taxes and raising the legal
smoking age to 21 in the United States.
Health Policy. 2007;80(3):378---391.
17. MetroWest Health Foundation.
2006 and 2010 MetroWest Adolescent
Health Surveys. Available at: http://www.
mwhealth.org/PublicationsampMedia/
Reports/tabid/192/Default.aspx.
Accessed July 1, 2013.
18. Centers for Disease Control and
Prevention. Tobacco product use among
middle and high school students—United
States, 2011 and 2012.MMWR Morb
Mortal Wkly Rep. 2013;62(45):893---897
[erratum in MMWR Morb Mortal Wkly
Rep. 2013;62(46):940].
19. National Institute on Drug Abuse.
Topics in brief: smokeless tobacco.
Available at: http://www.drugabuse.gov/
publications/topics-in-brief/smokeless-
tobacco. Accessed June 18, 2014.
PUBLIC HEALTH POLICY BRIEFS
November 2014, Vol 104, No. 11 |American Journal of Public Health Winickoff et al.|Peer Reviewed |Public Health Policy Briefs |e21
E-Cigs 2.0: The NextGeneration
In the decade-plus since their U.S.
introduction, electronic cigarettes, known
as e-cigarettes or vapes, drastically
evolved. E-cigarettes first resembled
conventional cigarettes, and now
have morphed into sleek gadgets,
like the JUUL pictured at left, that
have become the next big thing.
Youth love them for the big hit
of nicotine and their easily-
hidden, deceptive looks. Their
resemblance to USB flash drives
prompted some schools to ban
the drives as teachers can’t tell
the difference between the two.
Terms like “JUULing or jeweling”
and “vaping” have entered the
teen vernacular. Users have coined
dedicated hash tags on social media
and created videos of themselves doing
vape tricks or blatantly vaping at school.
Blu was formerly the
market leader in e-cigarette
sales but was redesigned
and now resembles JUUL
e-cigarettes. JUUL has the
largest market share.
FACT:
Nicotine is
harmful to
developing brains.
Nicotine interferes with brain
development and can have a
long-term effect on mental health.
Even brief or intermittent nicotine
exposure during adolescence can
cause lasting damage.1 E-cigarette
use by youth and young adults
increases their risk of using
conventional cigarettes in the
future.2
So, what’s an e-cigarette?
E-cigarettes are battery-operated devices that contain a
mixture of liquid nicotine and other chemicals. The device
heats this mixture, called e-juice, producing a nicotine aerosol that
is inhaled. E-cigarettes are also called e-hookahs, e-pipes, vape pens,
hookah pens or personal vaporizers.
FACT:
E-cigarette use
has increased
among MN youth.
The youth tobacco usage rate
has increased for the first time
since 2000. This is because
of the increase in the use of
e-cigarettes. One in five youth
(19.2 percent) currently use
e-cigarettes, according to the
2017 Minnesota Youth Tobacco
Survey. That is a 49 percent
increase since 2014’s survey.3
FACT:
E-cigarettes are
not approved as a
cessation tool.
E-cigarettes have not been
proven to be better for quitting
than existing programs.2 For
those wanting to quit, there are
FDA-approved quit aids such
as gum, patches and lozenges,
available at little or no cost
through insurance companies
or Minnesota’s statewide
QUITPLAN® Services (www.
quitplan.com).
The evolution of e-cigarettes
Early e-cigarettes resembled conventional cigarettes and were called “cig-a-likes.” They evolved into pen-shaped devices with small tanks that held “e-juice.” Tanks
got bigger, morphing into the “mods,” which give users more control of the device. Now, USB-shaped e-cigarettes such as JUUL and Myblu are often discreetly used
by youth and pack a huge nicotine punch.
SOURCES
1 U.S. Department of Health and Human Services. The Health Consequences of Smoking: 50 Years of
Progress. A Report of the Surgeon General. Atlanta, GA: U.S. Department of Health and Human Services,
Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health
Promotion, Office on Smoking and Health, January 2014.
2 National Academies of Sciences, Engineering, and Medicine. 2018 Public Health Consequences of
E-Cigarettes. The National Academies Press. 2018
3 Evered SR. Teens and Tobacco in Minnesota: Highlights from the 2017 Minnesota Youth Tobacco Survey:
Minnesota Center for Health Statistics, Minnesota Department of Health, February 2018.
4 US Surgeon General (2012). Preventing Tobacco Use among Youth and Young Adults. Atlanta, GA: Department of Health and Human Services, Centers for Disease Control and Prevention.
The Association for Nonsmokers-Minnesota is dedicated to reducing
the human and economic costs of tobacco use in Minnesota.
(April 2018)
2395 University Avenue W, Suite 310, St. Paul, MN 55114
651-646-3005 | www.ansrmn.org
FACT: E-cigarettes are marketed toward youth.FACT:
E-cigarettes
are not
harm-free.
E-cigarettes
contribute to
indoor air pollution.
Studies have found
nicotine, heavy
metals, toxins,
and carcinogens
in e-cigarette
aerosol.2
Companies such as JUUL, NJoy, blu and MarkTen target youth with heavy marketing
in magazines and social media. In Minnesota, 88.4 percent of students had seen ads
promoting e-cigarettes in the past 30 days.3 E-cigarettes come in a variety of youth-
friendly flavors, such as gummy bear, fruit punch, chocolate, cherry crush and mango.4
(Images courtesy of trinketsandtrash.org)
Flavored
Tobacco Products
WHAT TYPES OF TOBACCO PRODUCTS ARE FLAVORED?
Flavored tobacco products include cigars, chewing tobacco, blunt wraps,
electronic cigarettes and shisha, the tobacco used in hookah. These
products help the tobacco industry get around the FDA’s 2009 ban of
flavored cigarettes.1 Flavored tobacco products are often sold in attractive
packaging for a low price. Some cigars are frequently available for less than
$1.
WHAT ARE SOME COMMON FLAVORS USED IN TOBACCO
PRODUCTS?
Cigars, chewing tobacco, blunt wraps, electronic cigarettes and shisha
are sold in fruit, candy, dessert and novelty flavors. Popular flavors include
chocolate, piña colada, apple, grape, berry, cotton candy, bubble gum,
wintergreen and menthol. The same flavorings used in tobacco products are
also used in candy and Kool-Aid drink mixes.2 These flavorings were often
present in higher amounts in tobacco products than in candy.
WHO USES FLAVORED TOBACCO PRODUCTS?
Because of their sweet flavors, low cost and attractive packaging, flavored
tobacco products are especially appealing to youth. Young people are
much more likely to use flavored tobacco products than adults.3 A recent
CDC study found that 42 percent of middle and high school tobacco users
use flavored products.4 Studies show that young people perceive flavored
tobacco products as tasting better and being safer than unflavored products,
even though they are just as dangerous and addictive as cigarettes.5
These pineapple-flavored cigars are cheap
and easily accessible to youth.
Swisher Sweets come in flavors such as
grape, strawberry and chocolate.
Smokeless and
spit tobacco are
available in flavors
such as cherry and
wintergreen.
The tobacco
industry’s
own internal
documents state
sweet products
are “…for
younger people,
beginner
cigarette
smokers,
teenagers…when
you feel like a
smoke, you want
to be reminded
of bubble
gum.”8
WHAT CAN COMMUNITIES DO ABOUT
FLAVORED PRODUCTS?
Flavored tobacco products are a major public health
concern because they encourage young people to start
using tobacco. While the FDA banned flavored cigarettes
other than menthol in 2009, the ban does not affect
other tobacco products, many of which are now heavily
marketed by the tobacco industry. The use of these
products, especially among young people, has spiked.
Because the FDA ruling does not prevent local
communities from banning other types of flavored
tobacco products, state and local governments can adopt
laws that restrict the sale of flavored tobacco products
within their jurisdiction. Limiting the sale of products,
setting a minimum price or creating a minimum pack size
are some of the ways communities can protect their youth
by making flavored tobacco products less accessible and
less appealing.
“Cherry
Skoal
is for
somebody
who likes
the taste
of candy,
if you
know
what I am
saying.”
U.S. Tobacco
Executive
WHAT OTHER COMMUNITIES HAVE TAKEN A STANCE
AGAINST FLAVORED PRODUCTS?
In Minnesota, the cities of Minneapolis, Saint Paul, Shoreview, Saint Louis
Park, Robbinsdale, Duluth, Falcon Heights and Mendota Heights restrict
the sale of flavored tobacco products. Minneapolis, Saint Paul, Duluth and
Falcon Heights also restrict the sale of menthol tobacco products. Additionally,
Minneapolis, Saint Paul, Bloomington, Brooklyn Center, Richfield, Maplewood
and Robbinsdale have set minimum prices on cheap cigars, many of which
are flavored and attractive to youth.
New York City and Providence, R.I., passed policies restricting flavored
tobacco sales, with the exception of menthol-flavored products. San Francisco
and Oakland passed ordinances restricting the sale of all flavored tobacco
products, including menthol.
SOURCES
1 One Hundred Eleventh United States Congress.(2009). Family Smoking Prevention and Tobacco Control Act.
2 Brown, et. al. “Candy Flavorings in Tobacco.” New England Journal of Medicine; 370:2250-2252 June 5, 2014.
3 King BA, Dube SR, and Tynan MA. 2013. “Flavored Cigar Smoking Among U.S. Adults: Findings from the 2009–2010
National Adult Tobacco Survey.” Nicotine & Tobacco Research. 15(2): 608-614; Villanti AC, Richardson A, Vallone DM, et al.
2013. “Flavored Tobacco Product Use Among U.S. Young Adults.” American Journal of Preventive Medicine. 44(4): 388–91.
4 King AB, Tynan MA, Dube SR, Arrazola R. Flavored-little cigar and flavored-cigarette use among U.S. middle and high
school students. Journal of Adolescent Health. September 17, 2013.
5 U.S. Food and Drug Administration. (n.d.) Flavored Tobacco Product Sheet.
6 Campaign for Tobacco Free Kids. (2009, December 14). The path to smoking addiction starts at very young ages.
7 King BA, Dube SR, and Tynan MA. 2013. “Flavored Cigar Smoking Among U.S. Adults: Findings from the 2009–2010
National Adult Tobacco Survey.” Nicotine & Tobacco Research. 15(2): 608–614; Nelson DE, Mowery P, Tomar S, et al.
2006. “Trends in Smokeless Tobacco Use Among Adults and Adolescents in the United States.” American Journal of Public
Health. 96(5): 897– 905.
8 Report from R.M. Manko Assoc. to Lorillard Tobacco Co. (Aug. 1978)
9 David Weiss Associates. “The ‘Graduation Theory.’ November 16, 1984. Retrieved from http://legacy.library.ucsf.edu/tid/
lfc46b00/pdf?search=%22graduation%20theory%22. Bates No. USSTC1945141-USSTC1945142
E-cigarette liquid, known as e-juice, comes
in numerous youth-friendly flavors, such as
the Pomberry, Psychedelic Peach and Fruit
Stripe shown above.
Shisha is the tobacco used in smoking
hookah and is often flavored.
WHAT DOES THE TOBACCO INDUSTRY HAVE TO SAY ABOUT
FLAVORED TOBACCO PRODUCTS?
The tobacco documents from the settlement revealed the “Graduation
Theory,” a method used by the tobacco industry that aims to secure customer
loyalty.9 This approach implies that new users start with milder tasting and
flavored products. They graduate to full-bodied, less flavored items that often
contain more nicotine and remain addicted for life.
HOW DO FLAVORS IN TOBACCO PRODUCTS AFFECT YOUTH
INITIATION AND ADDICTION?
Nearly 90 percent of adult smokers began smoking in their teens.6 The
flavoring in these products makes it easier for new, young users to take up
tobacco, because the flavoring masks the harshness of the tobacco and
enhances the user’s pleasure.7
The Association for Nonsmokers-Minnesota is dedicated to reducing the
human and economic costs of tobacco use in Minnesota.
(June, 2016)
2395 University Avenue W, Suite 310, St. Paul, MN 55114
651-646-3005 | www.ansrmn.org
For more information visit www.iom.edu/TobaccoMinimumAge
Public Health Implications of Raising the Minimum Age of Legal Access to Tobacco Products
Over the past 50 years, tobacco control in the United States has led to an esti-
mated 8 million fewer premature deaths. However, tobacco use continues to
significantly affect public health, and more than 40 million Americans still
smoke.
In 2009, the Family Smoking Prevention and Tobacco Control Act granted
the U.S. Food and Drug Administration (FDA) broad authorities over tobacco
products, though it prohibited FDA from establishing a nationwide minimum
age of legal access—an MLA for tobacco products—above 18 years of age. It
also directed FDA to convene a panel of experts to conduct a study on the
public health implications of raising the minimum age to purchase tobacco
products. At FDA’s request, the Institute of Medicine (IOM) convened a com-
mittee in 2013 for this purpose.
In the resulting report, Public Health Implications of Raising the Minimum
Age of Legal Access to Tobacco Products, the committee of experts reviews
existing literature on tobacco use initiation, developmental biology and psy-
chology, and tobacco policy and predicts the likely public health outcomes of
raising the MLA for tobacco products to 19 years, 21 years, and 25 years. The
committee also uses mathematical modeling to quantify these predictions.
Of note, the report contains only conclusions regarding raising the MLA;
as requested by FDA, the committee does not offer recommendations as to
whether the MLA should be raised.
...tobacco use continues to
significantly affect public health,
and more than 40 million Americans
still smoke.
REPORT BRIEF MARCH 2015
2
Lowering Initiation Rates
The initiation age of tobacco use is critical. Among
adults who become daily smokers, approximately
90 percent report first use of cigarettes before
reaching 19 years of age, and almost 100 percent
report first use before age 26. As mentioned above,
FDA cannot raise the MLA nationwide. However,
states and localities can set a higher minimum age
for their communities. Most states currently set
the MLA at 18 years. Four states set it at 19 years,
and several localities around the country have
raised the minimum age to 21 years.
Based on its review of the literature, the
committee concludes that overall, increasing the
MLA for tobacco products will likely prevent or
delay initiation of tobacco use by adolescents and
young adults. The age group most impacted will
be those age 15 to 17 years. The committee also
concludes that the impact of raising the MLA to
21 will likely be substantially higher than raising
it to 19. However, the added effect of raising the
MLA from 21 to 25 will likely be considerably
less.
The parts of the brain most responsible for
decision making, impulse control, sensation seek-
ing, and susceptibility to peer pressure continue
to develop and change through young adulthood,
and adolescent brains are uniquely vulnerable to
the effects of nicotine. In addition, the majority
of underage users rely on social sources—like
family and friends—to get tobacco.
Raising the MLA to 19 will therefore not have
much of an effect on reducing the social sources
of those in high school. Raising the MLA to 21 will
mean that those who can legally obtain tobacco
are less likely to be in the same social networks
as high school students. In the same vein, increas-
ing the MLA from 21 to 25 is not likely to achieve
additional notable reductions in social sources for
those under age 15.
Reducing Prevalence, Decreasing
Disease
Delaying initiation rates will likely decrease the
prevalence of tobacco users in the U.S. popula-
tion. To quantify this decrease in both prevalence
of tobacco users and in related health concerns
FIGURE: Committee Estimates Regarding Effects on Initiation Rates
NOTE: This figure was created using data from Table 7-2 in the report.
5%
10%
15%
20%
25%
30%MLA 25
MLA 21
MLA 19
21-24 yrs19-20 yrs18 yrs15-17 yrsunder 15 yrs
Age GroupDecrease in Initiation Rate100%
3
cent decrease if raised to 25.
Given a decline in the initiation rates of
tobacco use by adolescents and lower prevalence
in the population, it follows that tobacco-related
disease would also decrease in proportion to the
reduction in tobacco use. It is generally known
that smoking-related diseases like cancer and
heart disease develop over decades, and there-
fore, it could take many years to lower rates of
these diseases; however, there could be imme-
diate decreases in other tobacco-related health
effects.
The committee concludes that raising the
MLA will likely immediately improve the health
of adolescents and young adults by reducing the
number of those with adverse physiological effects
such as increased inflammation and impaired
immune functioning caused by smoking, as these
could potentially lead to negative health conse-
quences, including increased hospitalizations
and lessened capacity to heal wounds. Adverse
maternal, fetal, and infant outcomes—includ-
ing preterm births, low birth weight, and sudden
infant death—will also probably decrease due to
reduced tobacco exposure in mothers and infants.
Raising the MLA will also lessen the population’s
exposure to secondhand smoke and its associated
health effects, both now and in the future.
Over time, the committee concludes that rais-
ing the MLA will likely lead to substantial reduc-
tions in smoking-related mortality, though results
from the models suggest that these results will not
be observed for at least 30 years, assuming that the
MLA increase occurs now. The CISNET model
The parts of the brain most
responsible for decision making,
impulse control, sensation seeking,
and susceptibility to peer pressure
continue to develop and change
through young adulthood, and
adolescent brains are uniquely
vulnerable to the effects of nicotine
and nicotine addiction. that could be a result of raising the MLA, the com-
mittee commissioned the use of two established
and complementary tobacco simulation models,
SimSmoke and the Cancer Intervention and Sur-
veillance Modeling Network smoking population
model (CISNET).
In using the models, the committee employed
all available evidence and expert judgment to
project outcomes. The committee also had to
make assumptions with important implications.
The models only address cigarette smoking, but
the committee expects the MLA and relative
effects on initiation to apply to all tobacco prod-
ucts. In addition, the models project the effects of
raising the MLA on the United States as a whole
and do not take into account existing variations
in tobacco use—such as by race or socioeconomic
status—initiation rates, and tobacco control activ-
ities. In addition, the rapidly changing landscape
of tobacco products—for example, e-cigarettes—
provides unknowns and could affect the future of
tobacco product use in ways that the committee
was unable to anticipate due to lack of evidence.
Based on the modeling and backed up by the
literature review, the committee concludes that
raising the minimum age of legal access to tobacco
products in the United States, particularly to ages
21 and 25, will likely lead to a substantial reduc-
tion in smoking prevalence. If the MLA were
raised now, the models projected that by the time
today’s teenagers were adults, there would be a
3 percent decrease in prevalence of tobacco use
among those adults if the MLA were raised to 19,
a 12 percent decrease if raised to 21, and a 16 per-
The Institute of Medicine serves as adviser to the nation to improve health.
Established in 1970 under the charter of the National Academy of Sciences,
the Institute of Medicine provides independent, objective, evidence-based advice
to policy makers, health professionals, the private sector, and the public.
Copyright 2015 by the National Academy of Sciences. All rights reserved.
500 Fifth Street, NW
Washington, DC 20001
TEL 202.334.2352
FAX 202.334.1412
www.iom.edu
Committee on the Public Health Implications of Raising the
Minimum Age for Purchasing Tobacco Products
Richard J. Bonnie (Chair)
Harrison Foundation Professor
of Medicine and Law,
Professor of Psychiatry and
Neurobehavioral Sciences,
Director of the Institute of Law,
Psychiatry, and Public Policy,
University of Virginia
Anthony J. Alberg
Blatt Ness Distinguished
Endowed Chair in Oncology,
Professor, Public Health
Sciences, Interim Director of
Hollings Cancer Center, Medical
University of South Carolina
Regina Benjamin
NOLA.com/Times Picayune
Endowed Chair in Public Health
Sciences, Xavier University,
New Orleans
Jonathan Caulkins
Professor, Operations Research
and Public Health Policy, Heinz
College of Public Policy and
Management, Operations
Research Department,
Carnegie Mellon University
Bonnie Halpern-Felsher
Professor, Department
of Pediatrics, Director of
Research, Associate Director
of Adolescent Medicine
Fellowship Program, Division of
Adolescent Medicine, Stanford
University
Swannie Jett
Executive Director, Florida
Department of Health in
Seminole County
Harlan Juster
Director, Bureau of Tobacco
Control, New York State
Department of Health
Jonathan D. Klein
Associate Executive Director,
Julius B. Richmond Center of
Excellence for Children and
Secondhand Smoke, American
Academy of Pediatrics
Paula M. Lantz
Professor and Chair,
Department of Health
Policy and Management,
Milken Institute School of
Public Health, The George
Washington University
Robin Mermelstein
Director of the Institute for
Health Research and Policy,
Professor of Psychology,
Clinical Professor of
Community Health Sciences,
School of Public Health,
Institute for Health Research
and Policy, University of Illinois,
Chicago
Rafael Meza
Assistant Professor,
Department of Epidemiology,
University of Michigan
Patrick O’Malley
Research Professor, Institute
for Social Research, University
of Michigan
Kimberly Thompson
Professor of Preventive
Medicine and Global Health,
University of Central Florida
College of Medicine, President,
Kid Risk, Inc.
Study Sponsor
U.S. Food and Drug Administration
Kathleen Stratton
Study Director
Leslie Y. Kwan
Research Associate
Bettina Ritter
Research Assistant
Anna Martin
Senior Program Assistant
Doris Romero
Financial Associate
Rose Marie Martinez
Senior Board Director, Board
on Population Health and
Public Health Practice
Study Staff
Theodore R. Holford
Susan Dwight Bliss Professor
of Public Health (Biostatistics)
and Professor of Statistics,
Yale School of Medicine, Yale
University
David T. Levy
Professor, Lombardi
Comprehensive Cancer Center,
Georgetown University Medical
Center
Maria Roditis
Postdoctoral Research Fellow,
Adolescent Medicine, Division
of Adolescent Medicine,
Department of Pediatrics,
Stanford University
Consultants
projected that if the MLA were raised now to 21
nationwide, there would be approximately 223,000
fewer premature deaths, 50,000 fewer deaths from
lung cancer, and 4.2 million fewer years of life lost
for those born between 2000 and 2019.
Conclusion
The public health impact of raising the MLA for
tobacco products depends on the degree to which
local and state governments change their poli-
cies. These decisions will depend on each state’s
or locality’s balance between personal interests
and the privacy of young adults to make their own
choices versus society’s legitimate concerns about
protecting public health.
The IOM committee makes conclusions about
likely public health outcomes of raising the MLA
for tobacco products. Overall, in the absence of
transformative changes in the tobacco market,
social norms and attitudes, or in the knowledge of
patterns and causes of tobacco use, the committee
is reasonably confident that raising the MLA will
reduce tobacco use initiation, particularly among
adolescents 15 to 17 years of age; improve the health
of Americans across the lifespan; and save lives. F
LOST PRODUCTIVITY
HOW SMOKING COSTS BUSINESSES
$3.19 billion in smoking-related health care expenditures is a staggering
figure on its own. Yet it’s only part of the story. The 2017 Health Care Costs
and Smoking in Minnesota report also reveals significant costs related to
lost productivity.
Each year, smoking costs Minnesota $4.3 billion in
lost productivity. Lost productivity costs include the loss
of regular earnings and the “replacement value” for unpaid
work typically performed within the home. This figure
factors in the years of life lost due to premature death, and
is based on the 6,306 smoking-attributable adult deaths
recorded in 2014.
These 6,306 deaths represent people who are no longer
able to work, earn money for their families, or contribute to
their communities because of cigarette smoking. Tying a
cost to these deaths shows the tangible economic impact
of smoking in Minnesota.
THE FINANCIAL IMPACT
ON EMPLOYERS
While premature deaths place an enormous burden on
families and society, a 2012 study (not commissioned
by Blue Cross) also demonstrated a significant financial
impact on employers. The study estimated that on average,
businesses spend an additional $5,816 annually per
employee who smokes. These costs included excess
absenteeism, lower productivity related to nicotine
addiction, excess health care costs and lost productivity
due to smoking breaks.1
$4.3 billion COULD ALSO PAY FOR:
The ANNUAL UTILITY BILL
for 282,152 MEDIUM BUSINESSES
($1,270/MONTH OR $15,240/YEAR FOR A
MEDIUM-SIZED BUSINESS)
OFFICE SUPPLIES for 4.3 MILLION SMALL BUSINESSES
with five employees
($200 PER EMPLOYEE PER YEAR)3
PROFESSIONAL DEVELOPMENT
for 5.28 MILLION EMPLOYEES
($814 PER EMPLOYEE PER YEAR)5
IT SPENDING for 434,343 EMPLOYEES
($9,900 AVERAGE IT SPENDING
PER EMPLOYEE PER YEAR)4
2
NOTES
1. Berman M., et al. “Estimating the Cost of a Smoking Employee,” Tobacco Control 23 (2014), 428–433.
http://dx.doi.org/10.1136/tobaccocontrol-2012-050888
2. Minnesota Department of Employment and Economic Development. “Typical Monthly Electric Bill for Medium Size Businesses, 2015.”
https://mn.gov/deed/data/data-tools/compare-mn/energy/electric.jsp
3. LAC Group. “Average Office Supply Costs per Employee.” https://lac-group.com/average-office-supply-costs-per-employee/
4. McCarthy, Shawn P. “‘Per Employee’ IT Spending: Federal Government Is Nearly Four Times the Industry Average,” IDC Community, 8/17/16
https://idc-community.com/government/smart_government/per_employee_it_spending_federal_government_is_nearly_four_times_the
5. Training Magazine. “2016 Training Industry Report.” https://trainingmag.com/sites/default/files/images/Training_Industry_Report_2016.pdf
* Under the Affordable Care Act, most plans must treat tobacco
cessation as a preventive service. That does not include
grandfathered health plans, such as certain plans that were in
existence before March 2010 and have not made significant
changes since. (American Lung Association website, lung.org/
our-initiatives/tobacco/cessation-and-prevention/tobacco-
cessation-treatment-what-is-covered.html)
# Additionally, many Minnesota health plans, including Blue Cross
and Blue Shield of Minnesota, offer telephonic tobacco-cessation
coaching as a separate program outside of preventive health
benefits. Those without health plan coverage can also get help
quitting tobacco through QUITPLAN® Services (quitplan.com).
Tobacco in this document refers specifically to the use
of manufactured, commercial tobacco products and not
to the sacred, medicinal and traditional use of tobacco by
American Indians and other groups.
Blue Cross® and Blue Shield® of Minnesota and Blue Plus® are nonprofit independent licensees of the Blue Cross and Blue Shield Association.
ADDING UP THE NUMBERS
In total, nearly $7.5 billion in excess health care costs
and lost productivity cost can be attributed to smoking
on an annual basis. This is an alarming figure. It highlights
the urgency of the efforts to continue driving down
Minnesota’s smoking rate. It also represents a call to action
to employers, government agencies and all Minnesotans.
WHAT YOU CAN DO
➜➜Support policies that reduce commercial tobacco
use. Consider including policies such as keeping tobacco
prices high or requesting more tobacco prevention
funding in your state policy agenda.
➜➜Talk to people in your community. Find out what your
neighbors and fellow community members know about
the burdens smoking puts on our state.
➜➜Encourage your employees who smoke to quit.
Smoking cessation is often covered as a preventive
benefit in employer-sponsored health plans. This means it
is available at no additional cost to your employees, other
than the premium they are already paying.*#
X21749 (04/17)
Together, we can make
a difference in reducing
the burden smoking puts
on your bottom line and
our state.
Many people choose menthol cigarettes because
they believe they are safer than non-menthol
cigarettes. They are not.
The tobacco industry has marketed
menthol cigarettes as healthier and
safer, but they are just as deadly.
Studies have shown that the tobacco
industry has manipulated menthol
levels to broaden youth appeal.
Menthol cigarettes cause cancer,
heart and lung diseases, and
death. Tobacco use, including
menthol-flavored products, is
still the No. 1 preventable cause
of death in Minnesota.
Easier to start, harder to quit.
Tobacco companies add
menthol to tobacco products
to cool the throat and make
them taste better.
ABOUT
MENTHOL
88%African
Americans:
of African American adults who smoke use
menthol, compared to 25% of adult smokers
overall.
MENTHOL USE
IN MINNESOTA
HARMFUL
EFFECTS OF
MENTHOL
of adult LGBTQ
smokers smoke
menthol cigarettes.
36%
of LGBTQ youth
smokers smoke
menthols.
70%High School
Students:
LGBTQ
Youth &
Adults:
44%
of Minnesota high
school students
who smoke use
menthol.
Use of menthol
cigarettes among
Minnesota high school
smokers more than
doubled since 2000.
What can we do to stop the tobacco industry
from harming our communities with menthol
tobacco?
Minnesota communities have the authority to regulate the sale
of menthol tobacco products, which will help protect youth
from a lifetime of addiction. Minneapolis and Saint Paul
already prohibit the sale of fruit and candy-flavored tobacco
products in any store that allows children to enter. The same
needs to be done for menthol.
Brands such as Salem and Newport would give out
free packs of menthol cigarettes from vans.
Tobacco industry documents show these vans
targeted young, lower-income, black smokers at
“retail outlets, currency exchanges/check cashing
stations, public aid offices, large housing
complexes, shopping malls, rapid transit locations,
busy street corners, and nightclubs/bars.”
— RJ Reynolds, 1989
Tobacco companies
began heavily
targeting African
Americans with
menthol cigarettes
in the 1960s.
TAKE
ACTION
Join us at:
BeautifulLieUglyTruth.org
“…the base of our business is the high school student.”
— Lorillard (Makers of Newport), 1978
AND NOW, A
MESSAGE FROM
TOBACCO
EXECUTIVES
INDUSTRY
MANIPULATION:
The tobacco industry has a long history of targeting the African American
community, women, LGBTQ, and youth with menthol tobacco marketing.
“We don’t smoke that s***. We
just sell it. We reserve the right
to smoke for the young, the
poor, the black and stupid.”
— RJ Reynolds Executive, 1971
References available at:
BeautifulLieUglyTruth.org
(July 2016)
Clinical AND Health Affairs
JANUARY/FEBRUARY 2017 | MINNESOTA MEDICINE | 35
Raising the Minimum Legal Sale Age
for Tobacco to 21
The Estimated Effect for Minnesota
BY RAYMOND G. BOYLE, PHD, JOHN H. KINGSBURY, PHD, AND MICHAEL J. PARKS, PHD
A campaign to raise the minimum legal sale age for tobacco products from 18 to 21 years known as Tobacco 21
is having a nationwide impact, with at least 200 localities in 14 states having already implemented a Tobacco
21 policy. A 2015 report from the Institute of Medicine (IOM) estimated the effects of such policy on cigarette
use at the national level; however, little is known about the expected effects for individual states. The purpose
of this study was to consider the effect on smoking initiation in Minnesota if the minimum sale age were 21 in
2015. Estimates from the Minnesota Adolescent Community Cohort and Minnesota Adult Tobacco Survey were
used to calculate the uptake of smoking in a hypothetical cohort of Minnesota adolescents 15 to 20 years of age.
Expected reductions in initiation in the IOM report were used to calculate the effects of Tobacco 21 policy on
smoking uptake in this cohort. Results revealed that raising the sale age to 21 in 2015 would prevent 3,355 young
Minnesotans from starting to smoke.
Minnesota addresses tobacco use
through a comprehensive ap-
proach that includes coordinating
smoke-free policies, promoting norma-
tive changes in the social acceptability of
tobacco use, establishing and expanding
the reach of cessation programs, keeping
the price of tobacco high and preventing
young people from initiating tobacco use.
The overall effect of these actions has been
a 35% reduction in cigarette smoking in
Minnesota since 1999;1 however, tobacco
use remains popular among young adults
in Minnesota and nationally.1,2
The persistence of tobacco use among
young adults, coupled with an evolving
marketplace that includes new flavored
products (eg, flavored cigars and cigaril-
los) and new delivery methods (eg, elec-
tronic cigarettes), has led to a desire for
increased regulation of tobacco. In 2009
the U.S. Congress granted authority to the
Food and Drug Administration (FDA)
through the Family Smoking Prevention
and Tobacco Control Act to regulate the
manufacture, distribution and marketing
of tobacco products.3
Although this law prohibited the FDA
from increasing beyond age 18 the na-
tional minimum sale age for tobacco prod-
ucts, state and local governments are able
to raise the minimum sale age for tobacco.
In addition, the law required a study of the
health implications of a higher minimum
age of legal access. The Institute of Medi-
cine (IOM), now the National Academy
of Medicine, conducted the study using
national data to consider the effects of dif-
ferent minimum purchase ages (19, 21 or
25 years) and examine multiple outcomes,
including preventing young people from
starting and encouraging current smokers
to quit smoking, and the health benefits
from reduced smoking because of an in-
creased purchase age. Nationally, increas-
ing the purchase age to 21 would result in
approximately 223,000 fewer premature
deaths and 50,000 fewer deaths from lung
cancer.4
Adolescents younger than age 18 fre-
quently obtain tobacco from social sources
who are older than 18 but younger than
21.5 If tobacco could not be sold to 18- to
20-year-olds, they would be far less likely
to provide tobacco to younger teens. By
age 21, young adults are likely to have
friends older than high-school age and,
therefore, less likely to provide tobacco to
minors.
The IOM’s 2015 report is particularly
important because it provides scientific
guidance for state and local governments
as they seek to protect public health. Al-
though the report provided novel informa-
tion on the expected effects of Tobacco 21
policy on a national level, it provided little
Clinical AND Health Affairs
36 | MINNESOTA MEDICINE | JANUARY/FEBRUARY 2017
in other places. For example, in New York
City, compliance has fallen over time after
Tobacco 21 policy was implemented.10
Calculation: In this analysis, we began
with a cohort of Minnesota 15-year-olds
in 2015–approximately 72,000. We esti-
mated the smoking initiation rate in two
periods: during high school (ages 15 to 17
years) and after high school (ages 18 to
20 years). Next, the reduction in smoking
was calculated for each period if the sale
age for tobacco were raised to 21 in 2015.
We assumed that the smoking uptake in
high school and after high school would
not change in future years. The difference
is reported as the number of young people
15 to 20 years of age who would not have
started smoking.
Results
In 2015, the Minnesota population of
those 15-year-olds was approximately
72,000. Of these, an estimated 7,200 will
start smoking during their high school
years. If the minimum legal sale age in
2015 were 21, an estimated 1,800 would
not start smoking in high school.
tion, the expected reduction in smoking
initiation is thought to vary by age. The ef-
fect is expected to be larger among youth
15 to 17 years of age, with an expected re-
duction in the uptake of smoking of 25%.
Among those 18 to 20 years of age, the
expected reduction is 15%.4
Variation by demographic variables:
Smoking rates vary substantially by popu-
lation groups in Minnesota. For example,
in 2014 the overall adult smoking rate was
about 14%,1 but within the urban Ameri-
can Indian population the smoking rate
was 59%.8 There is a lack of literature on
how smoking initiation would be affected
in population groups with higher smoking
rates if the sale age were increased. Thus,
the estimate here is not adjusted by gender
or other demographic variables (eg, race/
ethnicity, income).
Enforcement: States are required to
enact and enforce laws prohibiting the sale
or distribution of tobacco products to in-
dividuals younger than 18 years of age. A
major assumption of Tobacco 21 policy is
that the same level of current enforcement
and retailer compliance would remain in
effect. Although Minnesota has a high
rate of retailer compliance with current
law,9 retailer cooperation has been lower
information about the expected effects at
a state level.
The purpose of this study was to con-
sider the effects on smoking initiation in
Minnesota if the legal minimum sale age
for tobacco products were 21. The specific
goal was to calculate how many young
people ages 15 to 20 years would not start
smoking if the assumptions from the IOM
report were applied to Minnesota.
Methods and Assumptions
Age groups: The 2015 IOM report exam-
ined effects among specific age groups:
under 15 years, 15- to 17-year-olds and
18- to 20-year-olds. In this analysis, we
limited the consideration to ages 15 and
older.
Initiation rate: Cohort studies that fol-
low participants over time provide the best
estimates of smoking initiation. The Min-
nesota Adolescent Community Cohort
(MACC) study was a population-based
study of Minnesota youth ages 12 to 16
in 2000 who were followed until 2008. In
2003, approximately 19% of the cohort
reported smoking in the previous month.6
Smoking among Minnesota high school
students has fallen to about 10% since
2003. Therefore, in this analysis we used
10% as the estimate of smoking initiation
among youth 15 to 17 years of age.
In a later analysis of the MACC data,
16% of the cohort who did not start
smoking in high school took up smoking
(smoked in the past month) between the
ages of 18 and 21.7 This estimate of smok-
ing uptake is consistent with the preva-
lence of smoking among young adults in
the Minnesota Adult Tobacco Survey. For
this analysis we used 16% as the estimate
of 18- to 20-year-olds who would initiate
smoking.
Estimated effects of Tobacco 21 policy:
An increase in the minimum sale age is
expected to apply to all commercial to-
bacco products; however, for the purpose
of estimating effects similar to those in the
IOM report, the scope of this study was
restricted to cigarette smoking. In addi-
COHORT AGE
(YEARS)
NUMBER WHO
HAVE NOT
SMOKED
PROPORTION
WHO START
SMOKING
NUMBER
SMOKING
NUMBER NOT
SMOKING IF
POLICY WERE
IN EFFECT
15 72,000
16 to 17 64,800 10% 7,200 1,800
18 to 20 54,432 16% 10,368 1,555
FIGURE
Estimated Reduction in Youth Smokers with Implementation
of Tobacco 21 Policy
NUMBER OF YOUTHAges 15 to 17 years
WITHOUT TOBACCO 21 POLICY
WITH TOBACCO 21 POLICY
Ages 18 to 20 years
7,200
17,568
5,400
8,813
14,213
Combined Total
AGE GROUPS AFFECTED BY TOBACCO 21 POLICY
TOTAL: 3,355Note: The cohort size is 1/5 of the census estimate of
Minnesota 15- to 19-year-olds in 2015.
10,368
Clinical AND Health Affairs
JANUARY/FEBRUARY 2017 | MINNESOTA MEDICINE | 37
3. Mitka M. FDA exercises new authority to regulate
tobacco products, but some limits remain. JAMA.
2009;302(19):2078, 2080-1.
4. IOM (Institute of Medicine). Public Health
Implications of Raising the Minimum Age of Legal
Access to Tobacco Products. Washington, DC: The
National Academies Press; 2015.
5. Lenk KM, Toomey TL, Shi Q, Erickson D, Forester
JL. Do sources of cigarettes among adolescents vary
by age over time? J Child and Adolesc Subst Abuse.
2014;23(2):137-143.
6. Centers for Disease Control and Prevention.
Cigarette smoking among adults—United States,
1992, and changes in the definition of current
cigarette smoking. MMWR Morb Mortal Wkly Rep.
1994;43(19):342–6.
7. Bernat DH, Klein EG, Forester JL. Smoking initia-
tion during young adulthood: A longitudinal study
of a population-based cohort. J Adolesc Health.
2012;51(5):497-502.
8. Forster J, Poupart J, Rhodes K, et al. Cigarette
smoking among urban American Indian adults —
Hennepin and Ramsey Counties, Minnesota, 2011.
MMWR Morb Mortal Wkly Rep. 2016;65(21):534–7.
9. Substance Abuse and Mental Health Services
Administration. Tobacco sales to youth. Available
at: http://store.samhsa.gov/shin/content//SYNAR-14/
SYNAR-14.pdf. Accessed September 1, 2016.
10. Silver D, Macinko J, Giorgio M, Bae JY, Jimenez G.
Retailer compliance with tobacco control laws in New
York City before and after raising the minimum legal
purchase age to 21. Tob Control. 2015 Nov 19. pii:
tobaccocontrol-2015-052547. [Epub ahead of print]
11. Increasing the Sale Age for Tobacco Products to
21. Campaign for Tobacco Free Kids. Available at:
www.tobaccofreekids.org/what_we_do/state_local/
sales_21. Accessed October 1, 2016.
12. Farley SM, Coady MH, Mandel-Ricci J, et al. Public
opinions on tax and retail-based tobacco control strat-
egies. Tob Control. 2015 Mar;24(e1):e10-3.
13. Winickoff JP, McMillen R, Tanski S, Wilson K,
Gottlieb M, Crane R. Public support for raising the
age of sale for tobacco to 21 in the United States.
Tob Control. 2016 May;25(3):284-8.
14. King BA, Jama AO, Marynak KL, Promoff GR.
Attitudes toward raising the minimum age of sale
for tobacco among U.S. adults. Am J Prev Med.
2015;49(4):583-8.
15. Vuolo M, Kelly BC, Kadowaki J. Independent and
interactive effects of smoking bans and tobacco taxes
on a cohort of US young adults. Am J Public Health.
2016;106(2):374–80.
16. Gielen AC, Green LW. The impact of policy, envi-
ronmental, and educational interventions: a synthesis
of the evidence from two public health success sto-
ries. Health Educ Behav. 2015;42(1S):20S-34S.
strongly to smoking bans than to other
types of tobacco control15 in part because
a ban is an unambiguous anti-tobacco
message that indirectly influences social
norms, creating a social environment
that discourages health-risk behavior.16
Put differently, the effects of Tobacco 21
policy would extend into the future as new
cohorts of young people do not start using
tobacco.
Our analysis considered only cigarette
smoking; but a Tobacco 21 policy would
apply to all tobacco products. Whether the
effects of raising the purchasing age to 21
would be similar across all demographic
and racial/ethnic groups is not known.
Similar to the IOM, we did not adjust the
Minnesota estimate for any variation by
demographics other than age. This ques-
tion should be examined when there is
sufficient data on communities that have
implemented the policy.
Conclusion
Raising the minimum sale age for tobacco
to 21 would prevent the uptake of smoking
among youth and young adults, subse-
quently reducing smoking prevalence over
time. Applying national estimates from the
2015 IOM report to Minnesota, we found
that implementing a Tobacco 21 policy
could have a marked impact on smok-
ing initiation among Minnesota’s young
people. Tobacco 21 should be considered
an effective strategy for reducing smok-
ing initiation. Preventing smoking among
youth remains a primary focus for reduc-
ing morbidity and mortality as well as pro-
moting health across the lifespan. MM
Raymond Boyle is director of research programs
for ClearWay Minnesota. John Kingsbury and
Michael Parks are research scientists for the
Minnesota Department of Health.
REFERENCES
1. Boyle RG, Amato MS, Rode P, Kinney AM, St.
Claire AW, Taylor K. Tobacco use among Minnesota
adults, 2014. Am J Health Behav. 2015;39(5):674-9.
2. Johnston LD, O’Malley PM, Miech RA, Bachman
JG, Schulenberg JE. Monitoring the Future National
Survey Results on Drug Use, 1975-2015: Overview,
key findings on adolescent drug use. Ann Arbor:
Institute for Social Research, The University of
Michigan. 2016. Available at: www.monitoringthefu-
ture.org/pubs/monographs/mtf-overview2015.pdf.
Accessed September 3, 2016.
Of those who finished high school with-
out initiating smoking, 10,368 will begin
smoking between ages 18 and 21. Under a
Tobacco 21 policy, 1,555 fewer young peo-
ple would start smoking after high school.
Overall, 3,355 fewer young people would
start smoking in this cohort of youth if a
Tobacco 21 policy were in effect (see Fig-
ure). In other words, increasing the sale
age to 21 would increase the proportion
of nonsmokers in a cohort of 15-year-olds
from 76% to 80%.
Discussion
Increasing the sale age to purchase tobacco
products from 18 to 21 would have a posi-
tive effect on Minnesota, where tobacco
use remains popular among young adults.1
Given that almost 95% of smokers start
smoking by age 21, raising the age of sale
to 21 years would prevent the vast majority
of young people from becoming addicted
to the nicotine in tobacco.
At least 200 localities in 14 states have
raised the minimum legal sale age for
tobacco products to 21 years.11 Notably,
Hawaii was the first state (2015) followed
by California (2016), and New York City
(2013) is the largest city to adopt a To-
bacco 21 policy. This policy has broad
support and is viewed positively by both
smokers and nonsmokers. In New York
City, 60% of smokers and 69% of non-
smokers have supported the age increase.12
In a national sample of adults, 70.5% sup-
ported the increase.13 And in an online
survey, 77.5% of never smokers and 70%
of current smokers either strongly favored
or somewhat favored raising the legal pur-
chasing age to 21.14
We acknowledge that some young
people will begin using tobacco at a later
age. The amount is unknown; but even if
5% eventually take up smoking, this would
not diminish the overall effect of Tobacco
21 policy. In addition, while we have
highlighted how Tobacco 21 would inhibit
more than 3,300 youth from initiating
smoking, it is important to note the policy
could have additional and more indirect
benefits. Youth tend to respond more
Increasing the Tobacco
Sale Age to 21
The tobacco industry heavily targets young adults ages 18-21 in order to
recruit new tobacco users and guarantee profits. Approximately 95 percent
of current adult smokers started before they were 21.1 In Minnesota, no one
under 18 years old is allowed to buy tobacco. Youth get tobacco from several
sources, including social sources. A 16-year-old has more contact with and
access to 18-year-olds who can buy tobacco. However, it is less likely a
16-year-old would ask a 21-year-old for tobacco. Increasing the age gap
between young people and those who can legally buy tobacco will reduce
youth access to tobacco.
WHAT IS THE IMPACT OF NICOTINE ON ADOLESCENT
BRAIN DEVELOPMENT?
Nicotine is harmful to the
development of the adolescent
brain.
WHY RAISE THE TOBACCO SALE AGE?
WHO SUPPORTS RAISING THE TOBACCO SALE AGE TO
21?
A 2014 national survey shows that 75 percent of adults favor increasing
the minimum sale age for tobacco to 21. A national consensus is growing
to protect young people from a lifetime of addiction and health problems
caused by tobacco by raising the tobacco sale age. In addition, 70 percent
of current smokers and 65 percent of those age 18-24 support raising the
minimum tobacco sale age.9
Nicotine is addictive and is particularly harmful to the developing adolescent
brain. Evidence suggests that nicotine interferes with brain maturation and
can have a long-term effect on cognitive development and mental health.4
Even brief or intermittent nicotine exposure during adolescence can cause
lasting damage.5
3 out of 4 adults favor increasing
the sale age for tobacco to 21.
A 2015 report from the Institute of Medicine (IOM) found that increasing
the legal age to purchase tobacco to 21 would decrease smoking initiation
among 15-17-year-olds by 25 percent.2 A Minnesota-specific study looked
at the impact of raising the tobacco age and found that 25 percent fewer
15-year-olds would start smoking by the time they turn 18 and 15 percent
fewer 18-year-olds would start smoking by the time they turn 18. This
translates into 30,000 young people not becoming smokers over the next 15
years.3 If youth don't smoke by the time they are 21, they likely never will.
The addictive properties of nicotine can lead adolescents to heavier daily
tobacco use and a more difficult time quitting later in life.6 Nicotine exposure
can also increase the risk of addiction to other harmful substances.5 The
long-term effects of nicotine on the adolescent brain is a significant public
health concern.7,8
WHAT CAN STATE AND LOCAL GOVERNMENTS DO?
California, Hawaii, New Jersey, Maine, Oregon and Massachusetts, along
with a growing list of more than 300 cities in the United states, have
raised the tobacco sales age to 21. Edina, Saint Louis Park, Bloomington,
Plymouth, North Mankato, Falcon Heights, Shoreview, Minneapolis, Saint
Peter, Richfield and Roseville have raised the age in Minnesota. Needham,
Mass., raised the legal tobacco sales age to 21 in 2005. Within five years,
tobacco use among high school students decreased by nearly half.11
IS YOUTH TOBACCO USE STILL A PROBLEM?
The percent of students who smoke cigarettes is declining, but the 2016
Minnesota Student Survey found that 9th and 11th graders in Minnesota are
now using e-cigarettes at twice the rate of regular cigarettes.10 Increasing
the sale age to 21 would reduce youth access to all harmful tobacco
products, including e-cigarettes, cigars and hookah.
The Association for Nonsmokers-Minnesota is dedicated to reducing the human and economic costs of tobacco use in Minnesota.
2395 University Avenue W, Suite 310, St. Paul, MN 55114 | 651-646-3005 | www.ansrmn.org
SOURCES
"Raising the legal
minimum age for
cigarette purchaser
to 21 could gut our
young adult market
where we sell about
25 billion cigarettes
and enjoy a
70 percent market
share."
Philip Morris
report, 1986
California, Hawaii, New
Jersey, Maine, Oregon
and Massachusetts raised
the minimum legal sale age
for tobacco products to 21
since 2016.
More than 300 localities
in the United States
have raised the minimum
legal sale age for tobacco
products to 21.
Some organizations who support raising
tobacco sale age to 21 include:
• American Cancer Society Cancer
Action Network
• American Heart Association
• American Lung Association
• ClearWay MinnesotaSM
• Minnesota Academy of Family
Physicians
• Service Employees International
Union Minnesota State Council
1 U.S. Department of Health and Human Services. Preventing Tobacco Use Among Youth and Young Adults: A Report of the Surgeon General. U.S. Department of Health
and Human Services, Centers for Disease Control and Prevention, National 2 Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health.
2012.
2 Institute of Medicine. Public Health Implications of Raising the Minimum Age of Legal Access to Tobacco Products. National Academy Press. 2015.
3 Boyle, R., Kingsbury, J. & Parks, M. Raising the Minimum Legal Sales Age for Tobacco to 21. Minnesota Medicine. 2017.
4 U.S. Department of Health and Human Services. The Health Consequences of Smoking: 50 Years of Progress. A Report of the Surgeon General. U.S. Department of
Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and
Health. 2014.
5 Goriounova, N., Mansvelder, H. Nicotine exposure during adolescence alters the rules for prefrontal cortical synaptic plasticity during adulthood. Frontiers in synaptic
neuroscience. 2012.
6 Nelson, D. et al. Long-term trends in adolescent and young adult smoking in the United States: metapatterns and implications. Am J Public Health. 2008.
7 Abreu-Villaca, Y et al. Short-term adolescent nicotine exposure has immediate and persistent effects on cholinergic systems: critical periods, patterns of exposure, dose
thresholds. Neuropsychopharmacology. 2003.
8 Slikker W Jr. et al. Mode of action: disruption of brain cell replication, second messenger, and neurotransmitter systems during development leading to cognitive
dysfunction—developmental neurotoxicity of nicotine. Crit Rev Toxicol. 2005.
9 King BA et al. Attitudes Toward Raising the Minimum Age of Sale for Tobacco Among U.S. Adults. Am J Prev Med. 2015.
10 Minnesota Student Survey Data. Minnesota Department of Health. 2016; http://education.state.mn.us/MDE/dse/health/mss/. Accessed November 22, 2016.
11 Kessed Schneider S et al. Community reductions in youth smoking after raising the minimum tobacco sales age to 21. Tob Control. 2015.
(August 2018)
Key:
Statewide law
Number of
cities within the
state that have
passed age 21
policies
1400 I Street NW · Suite 1200 · Washington, DC 20005
Phone (202) 296-5469 · Fax (202) 296-5427 · www.tobaccofreekids.org
Research shows that youth access laws successfully reduce youth tobacco use when they are well
enforced and disrupt the sale of tobacco products to minors.1 Today, all 50 states and the District of
Columbia have laws that restrict the sale of tobacco products to minors. But in addition to restricting the
sale, 45 states and the District of Columbia have laws that also prohibit the purchase and/or underage
possession (PUP) of tobacco products by minors. Penalties for youth who violate a PUP law typically
include a fine but may also include other penalties like community service, attending mandatory smoking
education or cessation programs, or the suspension of a driver’s license or permit.2 Only five states—
Maryland, Massachusetts, Nevada, New Jersey, and New York—do not have PUP laws.3
Some states passed PUP laws with the intention of reducing youth smoking by making kids more
personally responsible for buying and using tobacco products. Penalizing children, however, has not been
proven to be an effective strategy for reducing youth smoking; and some experts argue that PUP laws
could actually detract from more effective enforcement measures and tobacco control efforts.4
PUP laws also unfairly punish and stigmatize children, many of whom became addicted at a young age
as a result of the tobacco industry’s aggressive marketing to kids. In this way, PUP laws shift the blame
from the industry’s irresponsible marketing to its victims. Penalties against youth become even more
unreasonable when little is done to counter the tobacco industry’s targeted marketing to kids. Rather than
treat children as the wrongdoers, youth access laws should focus on limiting access to tobacco products
by conducting ongoing retailer compliance checks with strong penalties for sales to minors.
Additional Concerns about PUP Laws
Penalizing youth can divert enforcement officials’ attention from stopping retailers from illegally
selling tobacco to kids in the first place. PUP laws are more difficult to systematically enforce than
sanctions against retailers, especially since PUP laws rarely provide additional enforcement
resources. It is easier and more effective to conduct compliance checks for retailers, who are
fewer in number compared to youth and whose locations are both known and constant.5
The ease of discretely possessing and using some tobacco products makes PUP laws more
challenging to enforce than laws restricting sales to minors. Similarly, the perceived risk among
youth of getting caught and punished is likely too low to have a meaningful impact on deterring
tobacco use. In fact, there is little evidence showing that PUP laws have been enforced well
enough to reduce youth smoking.6
Tobacco companies and their allies have a history of supporting PUP laws as alternatives to
other laws that would produce greater declines in youth smoking, such as increasing the price of
cigarettes. Tobacco companies have also promoted the passage of PUP laws in order to get
additional provisions enacted that make implementing or enforcing additional tobacco control
measures more difficult (e.g., preemption of strong local laws/ordinances).7
Despite the fact that many youth smokers are addicted, making it difficult for them to quit, few
PUP laws include provisions ensuring that quit smoking resources are made available to them.
Some research even suggests that penalizing youth could deter them from seeking support for
cessation.8 Promoting interventions that provide cessation resources for youth interested in
quitting could be a more beneficial alternative.
Youth Access Laws Should Emphasize Restricting Sales to Minors
Youth access laws that restrict sales to minors are better supported by research as a way to reduce youth
smoking than laws that focus primarily on penalizing youth for purchase or possession of tobacco. While
YOUTH ACCESS LAWS THAT PENALIZE KIDS FOR PURCHASE OR
UNDERAGE POSSESSION ARE NOT PROVEN TO REDUCE TOBACCO USE
PUP Laws Are Not Proven to Reduce Tobacco Use / 2
PUP laws may have some potential if combined with laws banning sales to minors, evidence of their
effectiveness still is lacking, and many concerns about how to effectively implement them remain.
Regardless of whether a state chooses to implement PUP provisions as part of its youth access law,
rigorous enforcement of restrictions against sales to minors is critical to minimizing the accessibility of
tobacco products and, ultimately, reducing youth tobacco use. The most successful youth access
programs incorporate routine retailer compliance checks which use minors to make attempted tobacco
purchases.9
Campaign for Tobacco-Free Kids, November 18, 2014 / Lorna Schmidt
1 DiFranza, JR, “Which interventions against the sale of tobacco to minors can be expected to reduce smoking?” Tobacco Control,
doi:10.1136/tobaccocontrol-2011-050145, published online first October 12, 2011.
2 American Lung Association, State Legislated Action on Tobacco Issues, 2014.
3 American Lung Association, State Legislated Action on Tobacco Issues, 2014.
4 Wakefield, M, and Giovino, G, “Teen penalties for tobacco possession, use, and purchase: evidence and issues,” Tobacco Control, 12(Suppl
I):i6-i13, 2003; Jason, LA, et al., “Youth Tobacco Sales-to-Minors and Possession-Use-Purchase Laws: A Public Health Controversy,” J Drug
Education, 35(4):275-290, 2005.
5 Wakefield, M, and Giovino, G, “Teen penalties for tobacco possession, use, and purchase: evidence and issues,” Tobacco Control, 12(Suppl
I):i6-i13, 2003.
6 Wakefield, M, and Giovino, G, “Teen penalties for tobacco possession, use, and purchase: evidence and issues,” Tobacco Control, 12(Suppl
I):i6-i13, 2003.
7 Wakefield, M, and Giovino, G, “Teen penalties for tobacco possession, use, and purchase: evidence and issues,” Tobacco Control, 12(Suppl
I):i6-i13, 2003.
8 Hrywna, M, et al., “Content Analysis and Key Informant Interviews to Examine Community Response to the Purchase, Possession, and/or
Use of Tobacco by Minors,” J Comm Health, 29(3):209-216, 2004; Wakefield, M, and Giovino, G, “Teen penalties for tobacco possession, use,
and purchase: evidence and issues,” Tobacco Control, 12(Suppl I):i6-i13, 2003; Loukas, A, et al., “Examining the Perspectives of Texas Minors
Cited for Possession of Tobacco,” Health Promotion Practice, 7(2):197-205, 2006.
9 DiFranza, JR, “Which interventions against the sale of tobacco to minors can be expected to reduce smoking?” Tobacco Control,
doi:10.1136/tobaccocontrol-2011-050145, published online first October 12, 2011.
DATE: August 20, 2018
TO: Honorable Mayor and City Councilmembers
FROM: Dave Perrault, City Administrator
SUBJECT: Vegetation Removal and Clear Cutting
Budgeted Amount: Actual Amount: Funding Source:
N/A N/A N/A
Council Should Consider
The Council should provide further direction on the moving forward with potential regulations
regarding vegetation removal and clear cutting.
Background
The City Attorney will be providing information regarding vegetation removal and clear cutting.
Attachment
Attachment A: Draft Ordinance
AGENDA ITEM –1B
MEMORANDUM
1
198575v4
ORDINANCE NO. 2018-___
CITY OF ARDEN HILLS
RAMSEY COUNTY, MINNESOTA
AN ORDINANCE AMENDING CHAPTER 7,
SECTION 710 – TREES AND VEGETATION, CHAPTER 13,
SECTIONS 1305 – RULES, SCOPE, INTERPRETATION,
& DEFINITIONS, AND 1325- GENERAL REGULATIONS, AND CHAPTER 15,
EROSION AND SEDIMENT CONTROL OF THE ARDEN HILLS CITY CODE
THE CITY COUNCIL OF THE CITY OF ARDEN HILLS, MINNESOTA, ORDAINS:
SECTION 1. Chapter 7 – Recreation Areas, Section 710 – Trees and Vegetation, is hereby
amended by deleting strikethrough language and adding the underlined language as follows:
Chapter 7 – Recreation Areas
Section 710 – Trees and Vegetation
710.12.1 Protection of Shade Trees
Subd. 1 Declaration of Policy. The City Council has determined that the health of
oak, elm, and ash trees, hereinafter sometimes collectively referred to as "shade trees," within the
municipal limits are threatened by fatal tree diseases, and insect infestations commonly known as
"Oak Wilt Disease", "Dutch Elm Disease", and "Emerald Ash Borer" respectively, hereinafter
sometimes collectively referred to as "shade tree diseases." It has further determined that the
loss of shade trees growing upon public and private property would substantially depreciate the
value of property within the City and impair the safety, good order, general welfare and
convenience of the public. Accordingly, it is hereby declared to be the intention of the Council
to control and prevent the spread of shade tree diseases and other epidemic diseases, by enacting
this subsection for that purpose.
Subd. 2 Penalties. Any person violating the provisions of this subsection shall be
guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine, imprisonment
or both, not to exceed the maximums provided by state law for a misdemeanor. Each day
following the date on which the person was to have removed any diseased shade tree or wood as
specified in written notice given pursuant to the provisions of this subsection, the person has
allowed the tree to remain on his or her property, or has allowed the parts or brush there from to
remain on his or her property, shall constitute a separate violation.
Subd. 3 Forester. The position of city forester is hereby continued and the powers and
duties of the officer are hereby conferred upon the person as designated from time to time by the
2
198575v4
Mayor with the concurrence of the Council. It shall be the duty of the forester to coordinate,
under the direction and control of the Council, all activities of the City relating to the control and
prevention of shade tree diseases. He or she shall recommend to the Council the details of a
program for the control and prevention of the diseases and perform the duties incident to such a
program as adopted by the Council. Inspections may be performed by a designated tree
inspector(s).
Subd. 4. Interference Prohibited. It shall be unlawful for any person to prevent, delay
or interfere with the forester or his or her tree inspector(s) or designee while they are engaged in
the performance of duties imposed by this subsection.
Subd. 5. Epidemic Disease Program. It is the intention of the City Council to conduct
a program of pest control pursuant to the authority granted by Minnesota statues section 18G.13,
as amended, directed at the control and elimination of Dutch elm disease, Ooak wilt disease,
Emerald Ash Borer infestation, and elimination of other tree diseases and insect infestations and
is undertaken at the recommendation of the Minnesota Commissioner of Agriculture.
Subd. 6. Shade Tree Nuisances Declared.
A. The following are hereby declared to be public nuisances whenever and
wherever they may be found within the City:
1. Any elm tree or part thereof infected to any degree with the Dutch elm
disease fungus Ceratocystis Ulmi (Buisman) Moreau or which harbors any of the elm bark
beetles Scolytus Multistriatus (Marsham) or Hylurgopinus Rufipes (Eichhoff);
2. Any dead elm tree or part thereof, including stems, branches, stumps,
firewood or other elm material from which the bark has not been removed and burned or sprayed
with an effective elm bark beetle insecticide; and
3. Any northern red oak (Quercus rubra, Quercus ellipsoidalis, and Q.
palustris), or part thereof, infected to any degree with the oakwilt disease, Ceratocystis
fagacearum.
4. Any living or standing white oak (Quercus alba), bur oak (Quercus
macrocarpa), and swamp white oak (Quercus bicolor), that poses a threat of transmission of the
oak wilt disease to other trees.
5. Red oak species deemed by the City forester or designated tree
inspector to be a potentially diseased spore producing tree (PSPT) must be removed before
March 15th of the year following complete tree wilt. Any removed red oak tree should be
disposed of at an approved wood utilization site or properly treated, i.e. main stems cut into
firewood length sections, split if appropriate, stacked and covered in clear plastic with the edges
sealed at the ground line to prevent vector entry or escape.
6. Any Ash tree infested with the Emerald Ash Borer beetle, Agrilus
Planipennis.
7. Other shade trees with epidemic diseases or epidemic insect
infestations.
3
198575v4
Subd. 7. Shade Tree Nuisances Prohibited. (amended 11/28/11) It is unlawful for any
person to permit the spread of a public nuisance as defined in this chapter across his or her
property lines in any specified control areas as established by the city. Such nuisances shall be
abated in a manner prescribed in this chapter.
Subd. 8. Inspection by Certified Tree Inspector.
A. The forester shall engage one or more persons, each of whom shall have been
issued a certificate from the Minnesota Department of Agriculture pursuant to M.S. § 89.63, as
amended from time to time, certifying that he or she is a qualified or certified tree inspector, for
the purposes of inspecting any public or private properties, upon prior notification, to detect
shade trees harboring shade tree diseases, which inspector(s) shall act as the duly authorized
agent(s) of the forester. Nothing herein shall preclude the forester from being certified by the
State Department of Agriculture as a qualified tree inspector and acting as such on behalf of the
City.
B. The tree inspector(s) shall inspect all premises and places, both public and
private, within the City as often as is practicable to detect and mark the location of all shade trees
infected with shade tree diseases and report the results of the inspections to the forester
immediately after each inspection has been conducted. The forester, or the tree inspector(s), may
send appropriate specimens or samples to the State Department of Agriculture for analysis, or
take such other steps for diagnosis as may be recommended by the Department. In addition to
the foregoing inspections, it shall be the duty of the tree inspector(s) to investigate all reported
incidents of infestation by Dutch elm fungus, elm bark beetles, emerald ash borer or any other
manifestations of shade tree diseases.
C. A property owner or contractor who becomes aware of any tree infestation
within the City shall notify the City Forester within seven (7) days.
D. The City forester and tree inspector(s) shall have the right to enter upon all
private premises within the City at any reasonable time for the purpose of carrying out the duties
assigned to them under this subsection, including inspection, treatment, cutting, burning or
removing of diseased shade trees.
Subd. 9. Notices to Property Owners.
A. After each inspection and investigation, whenever the forester or the tree
inspector(s) has found with a reasonable certainty that a shade tree or any wood that harbors
shade tree disease to such an extent that the same constitutes a threat of infestation of shade trees
in proximity thereto, the tree inspector(s) shall mark the diseased shade trees or wood or both, as
the case may be, in a visible manner and notify each owner of real estate within the City whereon
the diseased shade trees or wood, or both as the case may be, are located, which notice shall
contain the inspection information with respect to the diseased shade trees upon the property and
shall further advise that, in accordance with the provisions of this subsection, the owner is
4
198575v4
required to remove the trees or wood, or both, as the case may be, within (20) (amended
11/28/11) days for elm and ash trees and (30) days for oak trees and other trees species from the
date of the letter being sent to the property owner. The notices shall be sent by certified mail
with return receipt requested to the last known address of the owner. In the event that the
certified mail is not delivered, mailing by ordinary mail to the address shall be deemed sufficient
notice.
B. The notices to be sent under the provisions of this subdivision shall be sent to
the occupant of premises upon which the diseased shade trees or wood, or both as the case may
be, are located, if those premises are occupied, and also to the owner of the premises, if the
owner has an address different from the subject premises and the address is disclosed by the
records of the county department of property taxation. Reasonable inquiry by the forester or the
tree inspector(s) shall be sufficient to meet this requirement, and telephone inquiry of the office
of the county department of property taxation shall be deemed reasonable inquiry for the purpose
of ascertaining the addresses. If the subject premises are unoccupied, then mailing to the address
of the owner as shown by the records of the county department of property taxation shall be
deemed sufficient.
C. No person shall allow, permit the spread of, or fail to abate a public nuisance
as defined in this code. Such nuisances shall be abated in the manner prescribed in this code.
Subd. 10. Removal of Diseased Shade Trees.
A. An owner of real estate in the City who is notified of the existence on his or
her property of shade trees or wood therefrom, or both as the case may be, harboring shade tree
disease shall within the time specified in the written notice cut down or have cut down each of
the diseased trees, remove or have removed all parts, branches and brush there from, and
transport or have transported all the parts, branches and brush from the diseased trees and any
diseased wood from the premises to an authorized disposal or chipping site. With respect to the
transportation of wood from diseased elms or ash trees, it shall be unlawful for any person to
transport within the City any bark bearing elm or ash wood.
B. The City Forester shall enforce the treatment of nuisance by requiring the
performance of one or more of the following disease control methods listed in subsection C in
order to destroy and prevent the spread of epidemic diseased of shade trees, including, but not
limited to, Dutch elm disease, emerald ash borer, or oak wilt disease. Such abatement may be
designated by the Minnesota Commissioner of Agriculture or the University of Minnesota.
C. The following abatement procedures are recommended by the City of Arden
Hills:
1. Root graft barrier installation at least 60 inches in the soil to isolate the
diseased trees;
2. Removal of trees;
3. Stump grinding;
5
198575v4
4. Burning, chipping, debarking or properly covering and sealing the
potentially hazardous wood and/or stumps.
D. To prevent root graft transmission of tree related diseases, a barrier must be
created between diseased and healthy trees, either by cutting the root system with a 54-inch blade
or longer by using a vibratory cable plow, or by digging a trench to a minimum depth of 60
inches in the soil surrounding the diseased trees. Such abatement procedures will be carried out
in accordance with current technical and expert opinions and plans as designated by the State
Commissioner of Agriculture.
E. In addition the owner may poison or have poisoned the stumps of trees
diseased with oak wilt and shall debark or have debarked to the ground line the stumps of trees
diseased with Dutch elm disease or emerald ash borer in such manner as may be approved by the
forester.
Subd. 11. Abatement by City. In the event the owner fails or refuses to abate the
nuisances as so required, then the forester shall upon orders from the Council, abate the nuisance
by cutting down diseased shade trees and removing all parts, branches and brush thereof,
together with any diseased wood of any diseased shade trees located on the premises, from the
premises to an authorized disposal or chipping site. The cost of the City's abating the nuisance
shall be billed to the owner or occupant of the premises upon which the nuisances existed.
Subd. 12. Assessment for Nuisance Abatement. If the owner or occupant fails to pay the
bill, as provided for in Subd. 9, within thirty (30) days of the date thereof, the Council may then
assess the amount due, plus interest, against the property as a special assessment under M.S. Ch.
429.101 (amended 11/28/11), as amended from time to time, installments of which assessment
shall in no event be payable over a period exceeding five (5) years from the date the same have
been levied. On or before October 1 of each year, the city administrator shall list the total unpaid
charges for each such abatement against each separate lot or parcel to which the same is
attributable. Thereafter, the charges may then be spread by the Council as a special assessment
against the property benefited by the abatement, and the assessment certified to the county as
provided by law.
Subd. 13. Request for Laboratory Testing. Any owner of real estate in the City who
receives a notice as provided in Subd. 7 to the effect that shade trees or wood, or both as the case
may be, on his or her property harbor shade tree disease and must be removed within the time
specified in the notice, may request the forester to obtain a laboratory test of one or more of the
trees. The request must be made no later than the date on which the trees or diseased wood are
to be removed from the premises, as specified in the written notice from the City to the owner as
provided herein, by written notice from the owner to the forester sent by certified mail with
return receipt requested. Upon receipt of the request, the forester shall promptly engage the
services of the State Department of Agriculture or a qualified laboratory to make analyses of
appropriate specimens or samples of the allegedly diseased shade trees. If the analyses confirm
the original diagnosis that the shade trees are infected or the wood thereof diseased, or both
whichever the case may be, the requesting owner shall pay all expenses and charges incurred for
6
198575v4
the analyses by the City. If the test discloses that the trees or wood are not so diseased, the City
shall bear all the costs and the forester shall remove the trees or wood from the list of diseased
trees. If the test confirms the original diagnosis that the trees or wood or both as the case may be,
are diseased, notice thereof shall be sent the owner by the forester, and the owner shall remove
the diseased trees or wood or both as the case may be, within one week after receipt of the
notice.
Subd. 14. Spraying or Treatment of Shade Trees.
A. Whenever the forester determines that any shade tree or shade tree wood
within the City is infected with shade tree disease, he or she may spray or treat all nearby high
value shade trees by such chemical or mechanical means as will be effective to prevent as fully
as possible the spread of shade tree disease thereto. The forester may also cause the diseased
shade trees or wood to be sprayed or treated by chemical or mechanical means so as likewise to
control the possible spread of shade tree disease to neighboring, high value shade trees. Such
procedure shall be carried out in accordance with current technical and expert opinions and plans
of the State Department of Agriculture and under the supervision of the Department whenever
possible.
B. As determined necessary by the City Forester, the City may utilize chemical
means of treatment. If chemical treatments are deemed necessary, the cost for this service shall
be borne by the City. The costs of the mechanical means of treatment shall be borne by the
owner or occupant of the premises, the shade trees upon which have been mechanically treated
by the City. The owner or occupant of the premises shall be billed the costs of the mechanical
treatment, and in the event of nonpayment of the bill within thirty (30) days of the date thereof,
the Council may then assess the amount due, plus interest, in the manner provided in Subd. 10.
C. The forester shall notify, in the manner provided in Subd. 9, each owner or
occupant of real estate within the City of the date after which shade trees on his or her property
shall be mechanically treated, which date shall not be less than five (5) days from the date of
mailing the notice.
Subd 15. Transportation of Epidemic Diseased Wood. It is unlawful for any person to
transport within the City any diseased wood that is determined to be hazardous, as described in
Subd. 6.
Subd 16. Public Tree Care. The City has the right to plant, prune, maintain, remove or
perform any other arboricultural practices as necessary on all public property including the street
right-of-way to ensure public safety and to preserve or enhance the symmetry and beauty of such
public grounds.
Subd 17. Abuse or Mutilation of Public Trees. Unless specifically authorized by the
City Forester, no person shall intentionally damage, cut, carve, transplant, remove any tree,
attach any rope, wire, nails, advertising poster, or other contrivance to any tree, allow any
gaseous liquid or solid substance which is harmful to come in contact with any tree, or set fire or
7
198575v4
permit any fire to burn when the heat could injure any portion of any tree, or top a tree by
severely cutting back the tree canopy to a stub.
Subd 18. Violation of Penalty. Any person, firm or cooperation who violates any
section of this chapter shall be guilty of a misdemeanor and, upon conviction, thereof, shall be
subject to a misdemeanor penalty as then by defined by Minnesota law. Additionally, the City
may exercise any civil remedy available under Minnesota law for the enforcement of this code
including civil action, mandamus, injunctive relief, declaratory action, or the levying of
assessments.
SECTION 2. Chapter 13 – Zoning Code, Section 1305 – Rules, Scope, Interpretation, &
Definitions, Subsection 1305.4 – Definitions, is hereby amended by deleting strikethrough
language and adding the underlined language as follows:
Chapter 13 – Zoning Code
Section 1305 – Rules, Scope, Interpretation, & Definitions
1305.04 Definitions.
(revised 09/25/17)
Acre. A quantity of land containing forty-three thousand, five hundred and sixty (43,560)
square feet or one hundred sixty (160) square rods in whatever shape and pattern (e.g. circular,
square, triangular, irregular, broad or narrow).
Acre, net (as applied to PUD density calculations). One (1) acre of land, minus the two-
thirds (2/3) of that portion of the acre encompassed by wetlands, one-half (1/2) of that portion of
the acre encompassing wholly or partially hills, mounds, or slopes that drop at a rate of twelve
percent (12%) or more per every fifteen (15) feet or more of distance; and the entire area of
public streets.
Administrative officer. The zoning administrator, building inspector, their deputies or
assistants, and any other officials of the city charged with or engaged in the administration of this
Code or any portion thereof.
Administrator. The zoning administrator.
Agricultural uses. Uses customarily associated with the growing of farm produce and the
raising of farm animals for general use; but not including raising and feeding (feed lots) of
livestock, fur farms and kennels.
Alteration. As applied to a building or structure, a change or rearrangement in the
structural parts or in the existing facilities, or an enlargement, whether by extending on a side or
by increasing in height, or by moving from one location to another.
8
198575v4
Alley. A minor public or private way which is used primarily for vehicular service
access to the back or side of a lot abutting on a street.
Animals, domestic. Common household pets, such as dogs and cats, other animals kept
for amusement, companionship, decoration, or interest.
Animals, farm. Animals traditionally kept or raised on a farm for the purpose of
providing food or products for sale or use, such as cattle, horses, goats, sheep, swine, fowl, bees,
and animals raised for fur.
Animals, wild. Animals such as wolves, tigers and poisonous snakes that are not
normally a domestic animal or farm animal and would ordinarily be confined in a zoo or found
in the wild.
Antenna. Equipment, used for transmitting and/or receiving telecommunication,
television or radio signals, which is located on the exterior, or outside, of any building or
structure.
Antenna, dish. A parabolic-shaped antenna (including all supporting apparatus) which is
used for transmitting or receiving telecommunication, television or radio signals, which is
located on the exterior, or outside, of any building or structure.
Class I: Dish Antenna under thirty (30) inches or more in diameter; six (6) feet in surface
area; or six (6) feet in height.
Class II: Dish Antenna thirty (30) inches or more in diameter; six (6) square feet or more
in surface area; or six (6) feet or more in height.
Apartment. A room or suite of rooms located in a one- or two-family building or
multiple dwelling, which shall include a bath and kitchen accommodation, intended or designed
for use as an independent residence by a single household.
Appeal. An application for the review of an order, requirement, decision, determination
or interpretation of this Code made by an administrative officer in the application and/or
enforcement of this Code.
Basement. Any area of a structure, including crawl spaces, having its floor or base
subgrade (below ground level) on all four sides, regardless of the depth of excavation below
ground level. (revised 05/05/10)
Bluff. A topographic feature such as a hill, cliff, or embankment having the following
characteristics (an area with an average slope of less than 18 percent over a distance for 50 feet
or more shall not be considered part of the bluff): (added 02/22/10)
9
198575v4
Part or all of the feature is located in a shoreland area;
The slope rises at least 25 feet above the ordinary high water level of the water body;
The grade of the slope from the toe of the bluff to a point 25 feet or more above the
ordinary high water level averages 30 percent or greater; and
The slope must drain toward the waterbody.
Bluff impact zone. A bluff and land located within 20 feet from the top of a
bluff. (added 02/22/10)
Board. The board of appeals and adjustment established by this Code.
Boarding house. A structure where sleeping rooms are provided, with a common
entrance, internal access to all rooms, one (1) or more bathrooms, and one (1) or more kitchens
to provide lodging for at least three (3) but not exceeding five (5) persons. A boarding house is
distinguished from a transient accommodation such as a hotel or motel as defined in this
chapter. (added 7/14/10)
Boulevard. That portion of a street lying between the lateral line of the roadway portion
thereof (i.e., the back of the curb or curb line) and the right-of-way line thereof which may
contain within its boundaries a sidewalk or portion of driveway.
Brewpub. A restaurant that also has a facility that manufactures and distributes
intoxicating malt liquor or wine in total quantity not to exceed 250,000 barrels a year on the
premises. (added 10/29/12)
Building. A structure which is designed and suitable for the habitation or shelter of
human beings or animals, or a shelter or storage of property, or is used for trade or
manufacturing.
Building line. A line parallel to a lot line or the ordinary high water level at the required
setback beyond which a structure may not extend. (revised 02/22/10)
Building, accessory structure or use. A subordinate building structure or use which is
located on the same lot on which the principal building or use is situated and which is reasonable
necessary, appropriate and incidental to the conduct of the primary use of such principal building
or principal use.
Building envelope. (See Lot, Buildable portion of.)
Building height. The vertical distance from the average elevation of the grade along a
face of a building to the highest point of the roof surface of flat roofs, the deck line of mansard
roofs, or the average height between the eaves and the highest ridge of gable, hip, or gambrel
roofs. The height of a stepped or terraced building shall be the height of the tallest segment of
the building.
10
198575v4
Building inspector. The inspector as provided for in the building code.
Building, principal. A building in which the principal use, of the lot on which it is
located, is conducted.
Bulk. The term used to indicate the size and setbacks of buildings or structures and
location of same with respect to one another and includes the following items:
Size and height of buildings or structures.
Location of exterior walls at all levels in relation to lot lines, street or to other buildings
or structures.
Gross floor area of buildings or structures in relation to lot lines, street or to other
buildings or structures.
All open spaces allocated to buildings or structures.
Amount of lot area per dwelling unit.
Bulk materials. Uncontained solid matter such as powder, grain, stone, sand, sulfur, etc.,
that has a tendency to become airborne.
Business. Any occupation, employment or enterprise wherein merchandise is exhibited
and sold, or which occupies time, attention, labor and materials, or whereby services are offered
for compensation.
Business services. Services performed primarily for other businesses, including such
services as secretarial, clerical, employment agencies, business machine service, printing, etc.
· Caliper inches. The diameter of a tree measured at 4.5 feet above the ground. (added
4/28/08)
Cemetery/Memorial garden. Land used or dedicated to the burial of the dead, including
crematoriums, mausoleums, funeral chapels and necessary sales and maintenance
facilities. (added 7/14/10)
Clear vision area. The clear vision area shall be an area within a triangle that is measured
along the edge of the driving surface of the road at the intersection of two roads (public or
private) and extending thirty (30) feet in each direction from the intersection with a line
connecting the two end points. (revised 3/18/09)
Clear-cutting. The complete removal of trees or shrubs in a contiguous patch, strip, row,
or block. (revised 02/22/10)
Clinic. A building for out-patient medical treatment of humans or small animals.
Clubs and lodges. Buildings and facilities owned and operated by a corporation or
association of persons for social, recreational, charitable, educational or cultural purposes, but
not operated primarily for profit or for purposes which are customarily associated with a
business.
11
198575v4
Clubs, sports and fitness. A place of assembly where membership may be required and is
directed toward the general public with the commercial promotion of sports and physical fitness.
Commission. The Planning Commission, as established by the Code of Ordinances, City
of Arden Hills, Chapter 2.
Commercial recreation, indoor. A commercial recreational use conducted within an
enclosed building, including arcade, arena, art gallery, assembly hall, athletic and health clubs,
auditorium, bowling alley, club or lounge, community center, pool or billiard hall, or a variety of
organized or franchised sports, including but not limited to basketball, ice hockey, wrestling,
soccer, tennis and volleyball. This definition does not include public uses on public
property. (added 7/14/10)
Comprehensive plan. A compilation of policy statements, goals, standard and maps for
guiding the physical, social and economic development, both private and public, of the city and
its environs and may include, but is not limited to, the following items: Statements of policies,
goals, standards, a land use plan, a community facilities plan, a transportation plan and
recommendations for plan execution.
Conditional use. A use which, because of unique characteristics, cannot be classified as a
permitted use in a district, and which, after due consideration by the Planning Commission and
Council, pursuant to the applicable procedures contained in this Code and the Arden Hills City
Code of Ordinances, may nevertheless be permitted with restrictions on a site by conditional use
permit granted by the Council.
Conditional use permit (C.U.P.). A permit required for certain land uses classified as
Conditional Accessory Uses or Conditional Principal Uses.
Consumer small loan establishment. Any establishment that offers consumer small loans,
commonly referred to as "payday loans," as defined in Minnesota State Statute 47.60 as amended
from time to time. (added 12/3/08)
Council. The City Council, as established by the Code of Ordinances.
Crematorium. A facility containing properly installed, certified apparatus intended for
use in the act of cremation. (added 7/14/10)
Critical root zone. The minimum area around a tree that should remain undisturbed. To
calculate the critical root zone, measure the tree's caliper inches. For each caliper inch of tree, 1.5
feet of root radius must be protected. For example, if a tree's is 10 caliper inches, then its critical
root radius is 15 feet (10 x 1.5 = 15). The critical root zone is 30 feet. (added 4/28/08)
Day care facility. Any licensed facility, public or private, which for gain or otherwise,
regularly provides one or more persons with care, protection, supervision, habilitation,
12
198575v4
rehabilitation or developmental guidance on a regular basis, for periods of less than twenty-four
(24) hours per day, in a place other than the person's own home, including but not limited to day
care centers, day nurseries, daytime activity centers, day treatment programs, and day
services. (revised 7/14/10)
Day care, family. Day care for no more than ten children at one time of which no more
than six are under school age. The licensed capacity must include all children of any caregiver
when the children are present in the residence. (added 7/14/10)
Day care, group family. Day care for no more than 14 children at any one time. The total
number of children includes all children of any caregiver when the children are present in the
residence. (added 7/14/10)
Density. The number of dwelling units permitted by this Code on one (1) acre.
Density net. The number of dwelling units permitted by the Code on one (1) net acre of
land.
Density transfer. The relocation of housing units or square footage of building area
computed on part of a building site to another part of the site resulting in an increase in density to
the transfer area for the purpose of preserving open space, forested areas, environmental or
terrain features deemed worthy of preservation by the Planning Commission.
Density zoning. Density zoning shall be interpreted as the provision of lot areas smaller
than the minimum requirement of this Code under conditions whereby the total number of
dwelling units is not greater than the amount permitted under normal conditions.
Dog kennel, Commercial. A structure specifically designed and commercially used for
the harboring of three (3) or more dogs that are more than three (3) months old.
Dog kennel, Residential. A structure specifically designed and residentially used for
harboring of up to three (3) dogs that are more than three (3) months old.
Dog run. A structure specifically designed for domestic use for the harboring and
exercise of not more than two (2) dogs.
Drive-up Window. A window or other opening at a business establishment that allows
customers to purchase and/or receive a service or product without having to enter the
building. (added 12/03/08)
Dwelling. A building or portion thereof, designed or used exclusively for residential
occupancy, including single-family, two-family and multiple family uses, but not including
hotels, motels, nursing homes, boarding or rooming houses, tents, seasonal cabins, or motor
homes or travel trailers.
13
198575v4
Dwelling, live-work unit. A dwelling unit in combination with a shop, office, studio, or
other work space within the same unit, where the resident occupant both lives and works. A
live-work unit is not synonymous with a home occupation because it is designed as a mixed-use
facility, whereas the home occupation is secondary and accessory to the residential use. (added
7/14/10)
Dwelling, multiple family. A dwelling containing three (3) or more attached dwelling
units.
Dwelling, single-family. A dwelling that consists of one (1) dwelling unit.
Dwelling, two-family. A dwelling that consists of two (2) dwelling units.
Dwelling unit. A residential building or portion thereof intended for occupancy by one
(1) family with facilities for living, sleeping, cooking and eating but not including hotels, motels,
nursing homes, tents, seasonal cabins, boarding or rooming houses, motor homes or travel
trailers.
Dwelling unit, single-family attached. A dwelling unit which is located on its own
individual lot but joined along a single lot line to one (1) or more other dwelling units with a
party wall and having a separate point of entry.
Dwelling unit, single family detached. A dwelling which is not joined to any other
dwelling unit, and is located on a separate lot with the structure surrounded by open space and
having a separate point of entry.
Easement. A right or privilege in favor of a person or a government authority to use a
parcel of land or portion thereof for specific purpose.
Enclosed Parking. A structure used for the storage of a vehicle which must be covered
and completely enclosed by walls or doors on four sides. (added 10/4/12)
Equal Degree of Encroachment. A method of determining the location of floodway
boundaries so the flood plain lands on both sides of a stream are capable of conveying a
proportionate share of flood flows.
Exterior storage. The storage of goods, materials, equipment, manufactured products and
similar items not fully enclosed by a building.
Family. An individual or two (2) or more persons, each related to the other by blood,
marriage, adoption or foster care, or a group of not more than four (4) persons, some or all of
whom are not related by blood, marriage or adoption, living together and maintaining a common
household. (These regulations shall not be applied so as to prevent the City from making
reasonable accommodation as required by the Federal Fair Housing Amendments Act of 1988).
14
198575v4
Financial institution. An establishment that provides financial and banking services to
consumers or clients. Typical uses include banks, savings and loan associations, credit unions,
investment companies, and automated teller machines (ATMs). Financial institution shall not
include a consumer small loan operation. (added 7/14/10)
Flood. A temporary increase in the flow or stage of a stream or in the stage of a wetland
or lake that results in the inundation of normally dry areas.
Flood frequency. The frequency for which it is expected that a specific flood stage or
discharge may be equaled or exceeded.
Flood fringe. That portion of the flood plain outside of the floodway. Flood fringe is
synonymous with the term "floodway fringe" used in the Flood Insurance Study for the City.
Flood plain. The beds proper and the areas adjoining a wetland, lake or watercourse
which have been or may be covered by the regional flood.
Flood-proofing. A combination of structural provisions, changes, or adjustments to
properties and structures subject to flooding, primarily for the reduction or elimination of flood
damages.
Floodway. A wetland or lake and the channel of a watercourse and those portions of the
adjoining flood plain which are reasonably required to carry or store the regional flood
discharge.
Floor area. The sum of the gross horizontal area of all floors of a building as measured in
square feet from the exterior sides of the exterior walls, or from the centerline of party walls
separating attached buildings, but not including covered porches that meet the requirements in
Section 1325.03 Subd 2.D; decks; any space where the average floor-to-ceiling height is less
than six feet; attached or detached garages; and other detached accessory structures.
Floor area ratio (F.A.R.). The ratio obtained by dividing the sum of a building's floor
area by the amount of lot area.
Frontage. The uninterrupted front boundary line of a lot, or the length of such line, which
abuts on a street.
Garage, private. An accessory building or portion of the principle building which is
intended and used for the storage of the private passenger vehicles of the family or families who
reside upon the lot upon which the garage is located.
Garage, repair. A building or space for the repair or maintenance of motor vehicles,
including body work, painting and vehicle wash, and incidental display and sales of automotive
products but not including factory assembly of such vehicles, auto wrecking, or junkyards.
15
198575v4
Garage, truck. A building that is used or intended to be used for the storage of motor
trucks, truck trailers, tractors and commercial vehicles exceeding one-ton rated capacity.
Grading and Excavating. The act of excavation or filling or combination thereof to alter
the contour of land for development purposes. (added 7/14/10)
Higher education, campus. The facilities for technical colleges, junior colleges, colleges
and universities approved by the Minnesota Higher Education Coordinating Board for the
Minnesota Department of Education. These facilities can include, but are not limited to,
classrooms; laboratories; seminaries; dining and residence halls; athletic, wellness, and spiritual
facilities; administrative offices; performance art centers; parking and transit structures; and
child care facilities. (added 9/25/2017)
Home occupation. The accessory or conditional accessory use of a residential structure
for any gainful occupation or profession.
Hospital. An institution licensed by the state department of health, providing primary
health services and medical or surgical care, to sick or injured persons, primarily inpatients. May
include related facilities such as laboratories, outpatient facilities, or training facilities. (added
7/14/10)
Hotel/motel. Any building, or group of buildings, having five (5) or more guest rooms
intended or designed to be rented or hired out to be occupied, or which are occupied for sleeping
purposes by transient guests. (revised 7/14/10)
House of worship. A place of worship or religious assembly and its accessory facilities
used by the congregation such as the following: rectory, meeting hall, offices for administration
of the institution, licensed child or adult daycare, playground, or cemetery. A house of worship
does not include buildings or uses used exclusively for residential, schools, recreational,
commercial, or other uses not normally associated with worship. (revised 7/14/10)
Household. The person or persons occupying a single dwelling unit. A household may
consist of a single family, one (1) person living alone, two (2) or more families living together or
any group of related or un-related persons who share living arrangements.
Industry. Uses such as the manufacturing, compounding, processing, packaging,
treatment, assembling or warehousing of products and materials.
Junkyard. An open area where waste, used or second-hand materials are bought, sold,
exchanged, stored, baled, packed, disassembled or handled, including but not limited to, scrap
iron and other metals, paper, rags, rubber, tires and bottles. A junkyard includes a vehicle
wrecking yard but does not include uses established entirely within enclosed buildings.
Landscape lot area. That portion of a lot required to remain as open space, free of
buildings, parking and drives. Landscape lot areas may consist of:
16
198575v4
Naturally vegetated areas,
Wetlands or ponding areas,
Planting beds, ground cover and mulch areas (vegetative, rock, bark chip, etc.),
Decorative walkways and areas not to exceed fifteen percent (15%) of the required
landscape lot area, and
Outdoor recreation areas.
Landscaping. Plantings such as trees, grass, shrubs.
Loading area. Any area where trucks are maneuvered and parked, for the purposes of
loading or unloading products, materials or equipment.
Lot. A parcel of land described by metes and bounds measurement, reference to a
registered land survey, plat, record of survey map, or other means, and separated from other
parcels or portions by said description, and which is occupied by, or is suitable under this Code
and other applicable ordinances for occupancy by one (1) principal building, or used together
with any accessory buildings or uses and such open spaces as are required by this Code.
Lot area. The total site area within the lot lines.
Lot area, net buildable. The space remaining on a lot after the minimum landscape area,
open space and setback requirements of this Code have been met.
Lot area per family. The lot area per family is the lot area required by this Code to be
provided for each family in a dwelling.
Lot, buildable portion of. (Building Envelope) The area of a lot on which a principal
structure may be placed. The portion of a lot remaining after the minimum building setbacks
have been met. (Lot area, net buildable, is more limiting as other deductions are included).
Lot, corner. A lot situated at and abutting on the intersection of two (2) or more streets
having an angle of intersection of not more than one hundred thirty-five (135) degrees. A lot
abutting upon a curve street shall be deemed a corner lot if the tangents to the curve at its point
of beginning within the lot or at the points of intersection of the side lot lines with the street line
intersect at the interior angle of less than one hundred thirty-five (135) degrees. A corner lot
shall maintain front yard requirements for each street frontage.
Lot coverage. The total allowable amount of lot area, expressed as a percentage, which
may be covered by a principal use and its accessory structures.
Lot depth. The mean horizontal distance between the mean front road and the mean rear
lot line. The greater frontage of a corner lot is its depth, and its lesser frontage is its width.
17
198575v4
Lot line. A property boundary line of any lot held in single or separate ownership or
separately described; except that where any portion of the lot extends into the abutting street or
alley, the lot line shall be deemed to be the street or alley line.
Lot line, front. The boundary of a lot abutting a street. On a corner lot, the shortest street
lot line shall be the front lot line.
Lot line, rear. The lot line most nearly parallel to and most remote from the front lot line.
Lot line, side. Lot lines other than front or rear lot lines. On a corner lot, the longest
street lot line shall be a side lot line.
Lot, interior. A lot other than a corner or reversed corner lot.
Lot, reversed corner. A corner lot, the rear of which abuts upon the side of another lot
whether across an alley or not.
Lot of record. A lot existing as of April 10th, 1993, date of this Code or approved by the
city as a lot subsequent to such date, and includes non-conforming lots.
Lot, shoreline. A lot having one (1) or more lot lines fronting on public waters.
Lot, through. A lot that has a pair of opposite lot lines abutting two (2) substantially
parallel streets, and which is not a corner lot. On a through lot, the determination of whether the
street frontage is to be considered a front yard or rear yard shall be as subject to the provisions of
this Code.
Lot width. The mean horizontal distance between the side lot lines at the minimum front
setback line.
Lowest floor. The lowest floor of the lowest enclosed area (including basement). An
unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or
storage in an area other than a basement area, is not considered a building's lowest floor. (added
05/05/10)
Manufactured home. A structure, transportable in one or more sections, which is built
on a permanent chassis and designed to be used as a dwelling with or without a permanent
foundation when connected to the required utilities, and includes the plumbing, heating, air
conditioning, and electrical systems contained therein; except that the term includes any structure
which meets all the requirements and with respect to which the manufacturer voluntarily files a
certification and complies with the standards established under this Code and Minnesota State
Statutes as amended from time to time. The term "manufactured home" does not include the term
"recreational vehicle." (revised 05/05/10)
18
198575v4
Manufacturing and processing. All uses which include the compounding, processing,
packaging, treatment, or assembly of products and materials. Generally, these are industries
dependent upon raw materials refined elsewhere. These uses include, but are not limited to:
fabrication of wood, metal, and plastic products; assembly of electronic components, equipment,
and appliances; processing of chemicals, plastics, food products, and nonalcoholic beverages;
manufacturing of clothing and textile products; distribution centers, lumber yards, printing and
binding shops, machine shops, sheet metal shops, sign shops, contractor's shops and storage
yards.
o Class I: Above uses without exterior storage.
o Class II: Above uses with permitted exterior storage.
Metes and bounds. A method of property description utilizing directions and distances
commencing from and terminating at an easily identifiable point.
Microbrewery. A facility that manufactures and distributes intoxicating malt liquor or
wine in total quantity not to exceed 250,000 barrels a year. A microbrewery may have space
dedicated as a taproom to distribute on-sale and off-sale alcohol in compliance with MN state
statute 340A.301, subd. 6b. (added 10/29/12)
Microdistillery. A facility that manufactures and distributes premium, distilled spirits in
total quantity not to exceed 40,000 proof gallons in a calendar year. (added 10/29/12)
Mineral extraction. The use of land for surface or subsurface removal of sand, gravel,
rock, industrial minerals, and other nonmetallic minerals not regulated under Minn. Stat. Chapts.
93.44 - 93.51; or Successor Statutes. Mineral extraction does not include grading and excavating
as defined in this Chapter. (added 7/14/10)
Mobile home. A manufactured home designed, constructed, and equipped for use as a
single-family dwelling, which has a width of less than twenty (20) feet over more than twenty-
five (25) percent of its length; or which is not placed on a permanent foundation complying with
the requirements of the state building code or which is not continuous and solid for the entire
perimeter of the structure.
Mobile home park. Any premises on which are parked two (2) or more occupied mobile
homes, excluding premises on which mobile homes are sold for removal to another site.
Mortuary, funeral home. An establishment engaged in undertaking services such as
preparing the dead for burial and arranging and managing funerals, but not including a
crematorium. (added 7/14/10)
Motorized vehicle leasing and rentals. A business that leases or rents motorized vehicles
to the general public. Includes minor services and washing as an accessory use. Not more than
eight (8) rental or lease vehicles on site at one time.
19
198575v4
Motorized vehicle service. A business that provides repair or maintenance services for
motorized vehicles including engine repair, replacement or parts and engine service, but does not
include body work, painting, factory assembly of vehicles or vehicle wrecking yards.
Multiple occupancy building. A building containing two or more independent businesses
with or without separate exterior entrances and for which signage, parking and site requirements
are unified in a consistent visual and functional manner.
Native vegetation. "Native Vegetation" - Plant species indigenous to Minnesota, or that
expand their range into Minnesota without being intentionally or unintentionally introduced by
human activity, and are classified as native in the Minnesota Plant Database (Minnesota DNR,
2002 or as amended). Native Vegetation does not include Weeds. (revised 02/22/10)
Nonconforming building. A building lawfully existing as of the effective date of the
adoption of this Code, or amendment hereto, which under the provisions of this Code could not
be built because of restrictions on height, setbacks, yards, lot coverage, floor area ratio, or other
characteristics of the building or its location on the lot where it exists.
Nonconforming use. A building, structure or use of a building, structure or parcel of
land, or a portion thereof, lawfully existing as of the effective date of the adoption of this Code
or amendment hereto, as a matter of right or by permit, which is not permitted in the zoning
district in which it is located.
Nursery. Any land used to raise trees, shrubs, flowers, and other live plants for sale and
commerce.
Nursing Home and Assisted Living Facility. A facility that provides daily assistance and
long-term residence for disabled or elderly individuals. This includes a combination of housing,
supportive services, personalized assistance and health care designed to respond to the individual
needs of those who need help with activities of daily living, such as dressing, grooming, bathing,
etc. (added 7/14/10)
Obstruction. Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection,
excavation, channel, modification, culvert, building, wire, fence, stockpile, refuse, fill, structure,
or matter in, along, across, or projecting into any channel, watercourse, or regulatory flood plain
which may impede, retard, or change the direction of the flow of water, either in itself or by
catching or collecting debris carried by such water.
Office(s). A room, suite of rooms, or a building containing rooms or suites of rooms in
which persons conduct commercial activities, provide professional services, or carry on
occupations and where goods are not stored, produced, sold at retail or repaired, including but
not limited to the following: executive and administrative offices, business offices such as
insurance, real estate, sales and similar offices, professional offices such as offices of engineers,
20
198575v4
surveyors, architects, accountants, attorneys and bookkeepers and similar offices, but excluding
medical clinics. (revised 7/14/10)
Office showroom/warehouse. An office facility in which more than 50 percent of the total
floor area is utilized for the display and sale of goods or merchandise on the premises, and/or for
the storage and distribution of goods or merchandise from the premises. (added 7/14/10)
Off-street parking areas. Structures or areas of ground used for the storage or parking of
motor vehicles.
Open sales lot. Any land used or occupied for the purpose of buying and selling any
goods, materials, or merchandise, and for the storing of same under the open sky prior to sale.
Open space. (See landscape lot area.)
Ordinary high water level. The boundary of public waters and wetlands, and shall be an
elevation delineating the highest water level which has been maintained for a sufficient period of
time to leave evidence upon the landscape and as determined by the Minnesota Department of
Natural Resources. The ordinary high water mark is commonly that point where the natural
vegetation changes from predominantly aquatic to predominantly terrestrial. (revised 02/22/10)
Outdoor display and sales. The display of goods for sale or rent outside an enclosed
building. (added 3/28/16)
Park facilities. The use of any lots or parcel of land and any structure or building thereon
for public active and passive recreation purposes by the Arden Hills Parks and Recreation
Department or the Ramsey County Parks and Recreation Department. (added 11/25/13)
Parking space. A land area of such shape and dimensions and so prepared as to be usable
for the parking of a motor vehicle, and so located as to be readily accessible to a public street or
alley. Truck loading and unloading space shall not be included in such area.
Pathway, pedestrian way. A public or private way, running across or located within a
platted lot or block or an unplatted parcel of land, used primarily for pedestrian traffic.
Pawn shop. The location at which or premises in which a pawnbroker regularly conducts
business. (added 7/14/10)
o Pawnbroker. (a) Except as provided in paragraph (b), "pawnbroker" means a
person engaged in whole or in part in the business of lending money on the security of
pledged goods left in pawn, or in the business of purchasing tangible personal property to
be left in pawn on the condition that it may be redeemed or repurchased by the seller for a
fixed price within a fixed period of time.
21
198575v4
(b) The following are exempt from the definition of "pawnbroker": any bank
regulated by the state of Minnesota, the comptroller of the currency of the United States,
the Federal Deposit Insurance Corporation, the board of governors of the Federal Reserve
System, or any other federal or state authority and their affiliates; any bank or savings
association whose deposits or accounts are eligible for insurance by the Federal Deposit
Insurance Corporation or any successor to it and all affiliates of those banks and savings
associations; any state or federally chartered credit union; and any industrial loan and
thrift company or regulated lender subject to licensing and regulation by the Department
of Commerce. (revised 7/14/10)
Person. Any individuals, firm, partnership, corporation, company, association, joint
stock association or body politic; includes any trustee, receiver, assignee or other similar
representative thereof.
Personal services. Services customarily rendered for compensation. Such services shall
only involve minor storage and related sales of products and supplies related to the service
offered and for customers ordinarily utilizing the service offered. Typical personal services
include but are not limited to: apparel tailoring and cleaning; hair styling, trimming and cutting;
beauty services; photographic services; and other services of a similar nature.
Planned unit development (P.U.D.). The development of a tract of land in a unified
manner, pursuant to a development plan specifically approved by the city.
Planning commission. The planning agency of Arden Hills as prescribed in Minnesota
Statutes Chapter 462.354. It is advisory to the City Council on all matters related to the
Comprehensive Plan and all official controls that implement the Comprehensive Plan, and all
other matters referred to it by the City Council.
Protected waters. Any waters of the State as defined by State law. However, no lake,
pond or flowage of less than ten (10) acres in size and no river or stream having a total drainage
area less than two (2) square miles shall be regulated for the purposes of these regulations.
Public use. The use of any lot, parcel of land and any structure or building thereon
exclusively for public purposes by any department or branch of government, federal, state,
county or city, excluding independent school districts, without reference to the ownership of said
lot, parcel of land, building or structure.
Public waters. Means a body of water capable of substantial beneficial public use. This
shall be construed to mean, for the purposes of these regulations, any body of water, which has
the potential to support any type of recreational pursuit or water supply purpose. A body of
water created by a private user where there was no previous shoreland, as defined herein, for a
designated private use authorized by the commissioner of natural resources, shall be exempt.
22
198575v4
Railroad right-of-way. A strip of land with tracks and auxiliary facilities for track
operation, but not including depots, loading platforms, station, train sheds, warehouses, car
shops, car yards, locomotive shops or water towers.
Reach. A hydraulic engineering term to describe a longitudinal segment of a stream or
river influenced by a natural or man-made obstruction. In an urban area, the segment of a stream
or river between two consecutive bridge crossings would most typically constitute a reach.
Recreation, commercial. Recreational facilities which are operated for profit or render a
service which is customarily considered as a business.
Recreation, residential. Play apparatus such as swing sets and slides, sandboxes, poles
for nets, picnic tables, lawn chairs, barbecue stands, and similar equipment or structures, when
used on residential property, but not including electronic towers, tree houses, swimming pools,
playhouses exceeding twenty-five (25) square feet of floor area, or sheds utilized for storage of
equipment.
Recreational vehicles (RVs). Vehicles for recreational or utilitarian uses that can be
driven, towed, or hauled. Including, but not limited to, motor homes and travel trailers,
snowmobiles, pull campers, all terrain vehicles (ATVs), tent trailers, or other similar
vehicles. (revised 02/07/08)
Recreational vehicles (for the purposes of Section 1335 only). A vehicle that is built on a
single chassis, is 400 square feet or less when measured at the largest horizontal projection, is
designed to be self-propelled or permanently towable by a light duty truck, and is designed
primarily not for use as a permanent dwelling but as temporary living quarters for recreational,
camping, travel, or seasonal use. For the purposes of Section 1335, the term recreational vehicle
shall be synonymous with the term travel trailer/travel vehicle. (added 05/05/10)
Recreational Vehicles, Utility Trailers, Riding Lawn Mowers, and Watercraft
Height. The distance as measured from the ground to the highest point of the recreational
vehicle, utility trailer, or watercraft, including any covering, as stored. This does not including
antennas and utility/mechanical systems provided they are accessory and take up no more than
ten (10) percent of the roof surface area. RVs and watercraft on a trailer shall be measured as
one. (revised 02/07/08)
Recreational Vehicles, Utility Trailers, Riding Lawn Mowers, and Watercraft
Length. The distance as measured from end to end of the recreational vehicle, utility trailer, or
watercraft, including any hitch, motor, and covering, as stored. RVs and watercraft on a trailer
shall be measured as one. (revised 02/07/08)
Regional flood. A flood which is representative of large floods known to have occurred
generally in Minnesota and reasonably characteristic of what can be expected to occur on an
average frequency in the magnitude of the 100-year recurrence interval. Regional flood is
synonymous with the term "base flood", 1 percent annual chance flood, or 100-year elevation.
23
198575v4
Regulatory flood protection elevation. The regulatory flood protection elevation shall be
an elevation no lower than one foot above the elevation of the regional flood plus any increases
in flood elevation caused by encroachments on the flood plain that result from designation of a
floodway. (added 05/05/10)
Research animals. Animals kept in a laboratory setting for the purpose of testing and
research related health care products.
Research and development facility. Establishments which conduct research,
development, or controlled production of high technology electronic, industrial, or scientific
products or commodities for sale; or establishments conducting educational or medical research
or testing. May include limited accommodations for researchers or research subjects. Research
with animals is considered a separate category. (added 7/14/10)
Residence hall, dormitory. A building designed for or used as group living quarters for
students of a high school, college, university or seminary, organized and owned, or leased in its
entirety, by a high school, college, university or seminary. (added 7/14/10)
Residential facility. Any licensed facility, public or private, which for gain or otherwise,
regularly provides one or more persons with a twenty-four (24) hours per day substitute for care,
food, lodging, training, education, supervision, habilitation, rehabilitation and treatment they
need, but which for any reason cannot be furnished in the person's own home, including but not
limited to, state institutions under the control of the commissioner of public welfare, foster
homes, residential treatment centers, maternity shelters, group homes, residential programs, or
schools for handicapped children.
Restaurant. A business establishment whose principal business is the preparation, service
and sale of food and beverages to be consumed by customers while seated at tables or counters
located within the building on the premises.
Restaurant, fast food. Any restaurant which meets a number of the following
requirements:
o Customarily provides quick service to its customers;
o Offers to its customers a limited, standardized menu of inexpensive food and/or
beverages;
o Serves its customers from a counter located within the building on the premises
and does not customarily offer service at the table by waiter or waitress;
o Allows customers to consume their orders of food and/or beverages at tables or
counters within the building, in their automobiles parked on the premises, or away from
the premises as the customers choose;
24
198575v4
o Packages and services a substantial proportion of its food and/or beverages in
disposable wrappers, containers, cartons, boxes and bags;
o Provides a number of trash, litter, or garbage cans in the parking areas and within
the building on the premises for the deposit of the disposable packaging in which the
food and/or beverages are provided;
o Prepares and cooks a substantial proportion of its food in volume, in advance of
orders by customers, and usually in anticipation of predicted volumes of customers at
certain times of the day;
o Specifies the items of food and/or beverage offered to customers on signs,
placards, posters, valances, or boards posted in conspicuous places throughout the
building rather than on printed menus given to the customers;
o Generates a high volume and rapid flow of in-and-out traffic because of its quick
service mode of operation.
Retail sales and service. An establishment engaged principally in the sale or rental of
primarily new goods and the provision of services directly to the consumer, excluding those uses
defined more specifically in this Code. Motor vehicle sales, motor vehicle leasing and rentals,
exterior equipment rental and sales lots, repair garages, pawn shops, thrift stores, and open sales
lots are not included in this definition of retail sales and service. (revised 2/29/16)
Roadway. The entirety of a private street and that portion of a public street extending
from the back of the curb (i.e., the curbline) on one side to the back of the curb (i.e., the curbline)
on the other side, used primarily for vehicular traffic.
Schools, bus terminal. School bus terminal shall be a building or space engaged
primarily in the transportation and activities associated with the transportation of students.
Schools, general education. Nursery, primary, elementary and secondary schools.
Schools, specialized education. Trade, vocational, business, barber, beauty, art, music,
dancing, driving and other professional schools, with or without on-site housing. (revised
01/20/11)
Service station. A place where gasoline, kerosene, diesel or other motor fuel or
lubricating oil or grease for operating motor vehicles are offered for sale to the public and
deliveries are made directly into motor vehicles. Includes greasing and oiling, one-bay motor
vehicle wash and the sale of automobile accessories on the premises. Also includes minor
repairs, incidental body and fender work, minor painting and upholstering, replacement of parts
and motor services to passenger automobiles and trucks not exceeding one and one-half (1.5)
tons capacity. It shall not include major general repair, rebuilding or reconditioning of engines,
25
198575v4
motor vehicles or trailers; collision service, including body, frame or fender straightening or
repair; overall painting or paint job.
Setback. The minimum horizontal distance between a structure and the ordinary high
water level or between a structure and a road, well, highway, or property lines.
Setback, minimum building. The minimum horizontal distance allowed by this Code,
between a structure and a lot line.
Shore impact zone. The land located between the ordinary high water level and a line
parallel to it at a setback of 50 percent of the structure setback. (revised 02/22/10)
Shoreland. The land located within the following distances from protected waters:
o One thousand (1,000) feet from the ordinary high water mark of a lake, pond, or
flowage; and
o Three hundred (300) feet from a river or stream, or the landward extent of a flood
plain on such rivers or streams, whichever is greater.
The practical limits of shorelands may be less than the statutory limits where the limits
are designated by natural drainage divides at lesser distances, as shown on the official zoning
map of the City.
Sidewalk. A hard surfaced public or private way, used primarily for pedestrian traffic.
Sign. A name, identification, description, display, logo, illustration or device which is
affixed to, painted or represented directly or indirectly upon a building or other surface or piece
of land, and which directs attention to an object, product, place, activity, person, institution,
organization or business.
Significant tree. A tree that is important to the site and the neighborhood character, that
is structurally sound and healthy, and that meets at least one of the following standards: (revised
04/28/08)
o A deciduous hardwood tree that is at least ten (10) caliper inches, including but
not limited to, ironwood, catalpa, oak, hard maple, walnut, hickory, birch, black cherry,
hackberry, locust and basswood.
o A deciduous softwood tree that is at least twelve (12) caliper inches, including but
not limited to, cottonwood, poplars/aspen, box elder, willow, silver maple and elm.
o A coniferous evergreen tree having foliage on the outermost portion of the
branches year-round and which is at least fifteen (15) feet or more in height.
26
198575v4
o A group of deciduous trees that are at least eight (8) caliper inches or coniferous
trees that are at least fifteen (15) feet in height, that provide a buffer or screening along an
adjacent public street or between differing land uses.
Soil processing. The processing of sand, gravel or other materials mined from the land.
Staging Area. Any exterior area that is used to load, unload, stack, pile, store or assemble
materials, equipment or vehicles to be used either on site or off site.
Story. That portion of a building included between the surface of any floor and the
surface of the floor next above it, or, if no such floor above, the space between such floor and the
ceiling next above it.
Story, half. A space under a sloping roof which has the line of intersection of roof
decking and wall face not more than three (3) feet above the top floor level, and in which space
not more than two-thirds (2/3) of the floor area is finished for use. A half-story containing
independent apartment or living quarters shall be counted as a full story.
Streets. A public or private way, consisting in the case of a private way of a roadway and
in the case of a public way of a roadway and a boulevard (the latter of which may contain a
sidewalk), used primarily for vehicular traffic, whether designated as a street, avenue, parkway,
road, lane, throughway, expressway, highway, place or however otherwise designated. The term
"streets" includes the following classifications:
o Collector street. A street which carries traffic from local streets to streets and
highways of higher classifications. It provides for both land access service and local
traffic movements within residential neighborhoods, commercial areas and industrial
areas.
o Cul-de-sac. A street with a circular turn-a-round and only one outlet.
o Local street. A street of limited continuity used primarily for access to the
abutting properties and the local needs of a neighborhood.
o Minor arterial. A street system that interconnects with and augment the urban
major arterial system and provide service to trips of moderate length at somewhat lower
level of travel mobility than major arterials. This system distributes travel to
geographical areas smaller than those identified with the higher system.
o Major arterial. Usually a divided highway with four (4) or more lanes and serves
the major centers of activity of a metropolitan area, the highest traffic volume corridors,
and the longest trip desire. The major arterial carries a high proportion of the total urban
area travel on a minimum mileage. Almost all fully and partially controlled access
facilities are a part of this class.
27
198575v4
o Expressway. A type of major arterial with a controlled access roadway and
expressway ramps to provide ingress or egress to other levels of streets. The use of
expressway ramps allows the uniform flow of traffic on a major arterial highway without
undue delays.
Structural alterations. Any change in the supporting members of a building such as
bearing walls, columns, beams or girders, or any substantial changes in the roof and exterior
walls.
Structure. Anything constructed, the use of which requires a permanent location on the
ground or attachment to something having a permanent location on the ground, including, but not
limited to, buildings, factories, sheds, detached garages, cabins, manufactured homes, signs,
recreational vehicles not meeting the exemption criteria otherwise specified in the zoning code,
and other similar items.
Structure, accessory. A detached, subordinate structure, the use of which is incidental
and related to that of the principal use of or principal structure on the lot on which it is located.
Structure, multiple-occupancy. (See Multiple occupancy building).
Structure, principal. The predominant structure upon a lot in which the principal use of
the lot is conducted.
Structure, temporary or portable. A structure which is not intended for permanent
occupancy but which may be suitable in certain situations for specific periods of occupancy
pending either construction of permanent facilities or a change in conditions that will eliminate
the need for the temporary structure. Portable classrooms, portable offices, and air-supported
structures are examples of temporary or portable structures.
Studios. A building or space within a building where professional artists, musicians,
photographers, dancers, designers, etc. practice their profession or teach; display and sales of
products used or produced in the profession is considered an accessory use.
Substantial damage. Damage of any origin sustained by a structure where the cost of
restoring the structure to its before damaged condition would equal or exceed 50 percent of the
market value of the structure before the damage occurred. (added 05/05/10)
Substantial improvement. (added 05/05/10) Within any consecutive 365-day period, any
reconstruction, rehabilitation (including normal maintenance and repair), repair after damage,
addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of
the market value of the structure before the "start of construction" of the improvement. This
term includes structures that have incurred "substantial damage," regardless of the actual repair
work performed. The term does not, however, include either:
28
198575v4
o Any project for improvement of a structure to correct existing violations of state
or local health, sanitary, or safety code specifications which have been identified by the
local code enforcement official and which are the minimum necessary to assure safe
living conditions.
o Any alteration of an "historic structure," provided that the alteration will not
preclude the structure's continued designation as an "historic structure." For the purpose
of this Ordinance, "historic structure" shall be as defined in 44 Code of Federal
Regulations, Part 59.1.
Thrift Store. A business for which the stock of goods is primarily used and may include
the following operational characteristics:
o Receipt of used items directly from the public at the business location.
o Processing, conditioning, cleaning, or repair of used or returned items for resale.
o Storage of used items on site for processing, resale, or disposal.
o Receipt of goods through purchase, consignment, or donation.
(added 2/29/16)
Tower. Any pole, spire or structure, or any combination thereof, to which an antenna is
attached, or which is designed for an antenna to be attached, and all supporting lines, cables,
wires and braces; including but not limited to a free-standing radio (including ham radio and
private radio transmitting) or television receiving antenna, a windmill, and a wind-power
generator.
Townhouse. A single-family dwelling, which maintains private ingress and egress,
contains no independent dwellings above or below it, and is attached to other similar dwellings
by a common wall.
Use. The purpose for which land or premises or a building thereon is designated,
arranged or intended, or for which it is or may be occupied or maintained.
Use, accessory. A use which is incidental to the principal use of the lot on which it is
maintained or conducted.
Use, principal. The primary or predominant use for which the lot and structure, if any
located thereon, is conducted or maintained.
Use, principal multiple-operation. A business or industrial operation which consists of
two or more distinguishable uses, all of which are dependent upon each other, but none of which
is predominately or clearly the principal use and all of which are generally compatible with the
permitted allowable uses in the district.
Use, conditional accessory. A use which is both an accessory use and a conditional use
and which, after due consideration by the Commission and Council, pursuant to the applicable
29
198575v4
procedures contained herein, may be allowed as an accessory use by Conditional Use Permit
granted by the Council.
Use, conditional principal. A principle use which, because of unique characteristics,
cannot be classified as a permitted principle use in any particular district, and which, after due
consideration by the commission and council, pursuant to the applicable procedures contained
herein, may nevertheless be allowed on a site in a particular zoning district by Conditional Use
Permit be granted by the council. Includes temporary uses which require conditional approval
before being allowed.
Utility distribution lines. The distribution facilities of electric power, gas, water and
communication companies which directly serve abutting properties.
Utility substation. A structure used for the relay or distribution of electric, water, sewer,
telephone, etc., services.
Utility transmission lines. The transmission facilities of electric power and
communication companies which do not directly serve abutting properties.
Utility trailer. Equipment used for recreational or utilitarian purposes that can be towed;
such as special purpose trailers (i.e. boat trailers, ATV trailers) or other hauling trailers. (revised
02/07/08)
Utility vehicle. A vehicle, with or without a motor, and/or adapted for temporary living,
sleeping, business or storage purposes; having a frame, but no foundation other than wheels,
blocks, studs, jacks, horses or skirting, which does not reach or meet building code requirements
and has been or may be equipped with wheels or other devices for transporting purposes. This
term shall include travel trailers, camping trailers, tent trailers, recreation vehicles, farm tractors,
riding yard and garden tractors and trailers. A permanent foundation shall not change the
character of the vehicle.
Variance. A modification or variation of a specific permitted development standard
required as a provision of this Code, to allow an alternative development standard not stated as
acceptable in the official control, but only as applied to a particular property for the purpose of
alleviating a hardship, practical difficulty or unique circumstance, except that modification in the
allowable uses within a district shall not be allowed as a variance. (revised 05/05/10)
Vehicle wash. A building, or portion thereof, which principal use is the washing of
vehicles.
Vehicle wrecking yard. Any open space where three (3) or more used motorized vehicles
are stored which do not possess current state auto licenses.
Warehousing. The storage and distribution of materials or equipment within an enclosed
building, but not including personal storage facility. (revised 7/14/10)
30
198575v4
Watercraft. Motorized water-oriented vehicles including, but not limited to, power boats,
cruisers, jet skies, fishing/hunting boats, pontoon boats, and any non-motorized craft with greater
than a two person capacity. This definition excludes non-motorized one and two person crafts
such as canoes, kayaks, and paddle boats. (revised 02/07/08)
Waterfront uses. Boat docks and storage, water recreation equipment and other uses
normally associated with to lakeshore property.
Wetlands. Transitional low-lying areas between terrestrial and aquatic systems, either
created or natural, covered with shallow and sometimes temporary or intermittent waters as
defined in the United States Fish and Wildlife Service Circulator No. 39. This includes, but is
not limited to swamps, marshes, bogs, sloughs, wet meadows, and shallow lakes and ponds with
emergent vegetation. (revised 02/22/10)
Wetland alteration. Alteration of a wetland includes changes to the wetland and/or
wetland buffer strip in regards to size, depth or contour; dredging; tilling; damming; alteration of
the watercourse; ditching; tiling; grading; draining; discharge of water; appropriation of water;
changes in vegetation; or otherwise altering or destroying a wetland or wetland buffer or their
functions. Alterations would not include Native Vegetation plantings or selective clearing or
pruning of prohibited or restricted noxious weeds, unless within a Drainage and Utility Easement
in which case submission of and written approval by the City is required. (added 02/22/10)
Wetland buffer strip. An area of vegetated ground cover around the perimeter of a
wetland that, either in its natural condition or through intervention, has the characteristics of
buffering the wetland from surrounding landscaping. (added 02/22/10)
Wetland delineation. An assessment tool utilized to determine the boundary of a wetland
using the US Army Corps of Engineers Wetland Delineation Manual (January 1987) as well as
any additional boundary determination requirements established in Minnesota Rules Chapter
8420. A "Wetland Delineation Report" is a document that summarizes the observations, results
and conclusions performed during the assessment when wetlands are present. (added 02/22/10)
Yard, front. A yard extending along the full length of the front lot line between the side
lot lines.
Yard, minimum required. The minimum open space extending between a minimum
building setback line and the adjoining lot line in which a principle building may not be placed
and in which accessory buildings may only be placed as regulated in this Code.
Yard, rear. A yard extending across the full width of the lot and measured between the
rear line of the lot and the rear line of the main building.
Yard, side. A yard between the building and the adjacent sideline of the lot and
extending from the front yard to the rear yard.
31
198575v4
Yard area, required rear. The minimum required rear yard depth multiplied by the
average width of the total rear yard.
Zoning map. The map or maps incorporated into this Code as a part hereof, delineating
the zoning districts.
SECTION 3. Chapter 13 – Zoning Code, Section 1325 – General Regulations, Subsection
1325.08 – Filling and Excavation, is hereby amended by deleting strikethrough language and
adding the underlined language as follows:
Chapter 13 – Zoning Code
Section 1325 – General Regulations
1325.08 Filling and Excavation.
Subd. 1 Permit Required. An administrative permit shall be required for any filling or
excavation of up to four hundred (400) cubic yards per parcel, or four hundred (400) cubic yards
per acre, whichever is greater. Operations of over the above-described amounts shall be
considered land reclamation or mining, and shall require a conditional use permit in accordance
with Chapter 8 of the Arden Hills Code of Ordinances.
Subd. 2 Exceptions. The following operations are excepted from the preceding permit
requirements:
A. Excavation related to the construction of a building with a duly issued
building permit;
B. Filling, excavation, and grading associated with site improvements and site
preparation for a duly approved subdivision or site plan;
C. Excavation for construction of public streets and utilities;
D. Filling, excavation, or movement of less than fifty (50) one hundred (100)
cubic yards of earth for landscaping purposes on a lot already occupied by a residential structure;
E. Minor agricultural or conversation conservation operations.
Subd. 3 Type of Fill. Fill to be placed on sites must be gravel, sand, dirt, clay or other
non-decomposable material similar to natural soils found in the upland area of Arden
Hills. Building construction materials, concrete, bituminous, and soils containing hazardous or
toxic waste, predominately organic materials, household wastes, mechanical debris, etc., shall
not be permitted.
32
198575v4
Subd. 4 Performance Time. Filling and excavation operations for which a permit has
been issued shall be completed within a period as specified in the permit, but in no event
beyondof one hundred and twenty (120) days from the commencement of the operation, and
within one year of the issuance of the permit, unless an extension is requested of and granted by
the City Council.
Subd. 5 Periodic Operations. Periodic filling or excavation of amounts less than four
hundred (400) cubic yards per parcel or per acre shall be allowed under separate administrative
permits until the composite total of such periodic operations exceeds four hundred (400) cubic
yards. Further operations will then be subject to the requirements of Chapter 8 of the Arden
Hills Code of Ordinances.
Subd. 6 Submissions. The applicant for permit shall submit the following
information:
A. A legal description, plat, or survey of property to be altered.
B. A statement of purpose for the filling or excavation.
C. A plan identifying the areas of the site to be altered, the estimated quantity of
material to be moved, the degree of grade adjustment, the proposed finished grade, the existing
and proposed drainage pattern, and proposed erosion control measures. A complete grading plan
may be required if considered necessary to the evaluation of the request.
Subd. 7 Review Procedure. The permit application shall be reviewed by the City
Engineer and other members of the administrative staff to determine the impact of the proposed
operations upon drainage patterns, adjacent properties, wetlands, and bodies of water. The
permit may be approved as submitted, approved with modifications, or rejected because of
specifically stated adverse impacts. If denied, the applicant may appeal the administrative
decision to the City Council within ten (10) days.
SECTION 4. Chapter 15 – Erosion and Sediment Control is hereby amended by deleting
strikethrough language and adding the underlined language as follows:
Chapter 15 - Erosion and Sediment Control
1500.00 Purpose and Scope
1500.04 Purpose.
The purpose of this regulation is to control or eliminate soil erosion and sedimentation
within the City of Arden Hills. The regulation establishes standards and specifications for
conservation practices and planning activities which minimize soil erosion and sedimentation
and work to protect the City's natural resources for the health, safety, and welfare of the public.
33
198575v4
1500.02 Scope.
Except as exempted by the definition of the term "land disturbance activity" in Section
1510.01, any person, firm, sole proprietorship, partnership, corporation, state agency, or political
subdivision thereof proposing land disturbance activity within the City shall apply to the Public
Works Director or appointed designee (herein called "PWD") for the approval of the Erosion and
Sediment Control Plan. No land shall be disturbed until the Plan is approved by the PWD and
conforms to the standards set forth in this article.
Section 1510 – Definitions
1510.01 Definitions
For the purposes of this ordinance, the following terms have the meanings given them in
this section:
Best Management Practices (BMP). Schedules of activities, prohibitions of practices,
general good housekeeping practices, pollution prevention and educational practices, maintenance
procedures, and other management practices to prevent or reduce the discharge of pollutants
directly or indirectly to stormwater, receiving waters, or stormwater conveyance systems. BMPs
also include treatment practices, operating procedures, and practices to control site runoff, spillage
or leaks, sludge or water disposal, or drainage from raw materials storage.
Non-structural BMP: Practices that focus on preserving open space, protecting natural
systems, and incorporating existing landscape features such as wetlands and stream corridors to
manage storm water at its source. Other practices include clustering and concentrating
development, minimizing disturbed areas, and reducing the size of impervious areas.
Structural BMP: a physical device that is typically designed and constructed to trap or
filter pollutants from runoff, or reduce runoff velocities.
Bluff. A topographic feature such as a hill, cliff, or embankment having the following
characteristics (an area with an average slope of less than 18 percent over a distance for 50 feet or
more shall not be considered part of the bluff):
o Part or all of the topographic feature is located in a shoreland area;
o The slope rises at least twenty five (25) feet above the ordinary high water level of
the waterbody;
o The grade of the slope from the toe, or bottom, of the bluff to a point twenty five
(25) feet or more above the ordinary high water level averages thirty percent (30%) or
greater; and
34
198575v4
o The slope must drain toward the waterbody.
Certificate of Completion. The certificate issued after the final inspection of the site has
been completed, temporary erosion control has been removed and the site has been fully restored.
Clear-cutting. The complete removal of trees or shrubs in a contiguous patch, strip, row,
or block.
Clearing and grubbing. The trimming, pruning, cutting and or removal of trees, shrubs,
bushes, windfalls and other vegetation including removal of stumps, roots, and other remains in
the designated areas.
Erosion. Any process that wears away the surface of the land by the action of water, wind,
ice, gravity and/or land disturbance activities. Erosion can be accelerated by the activities of man
and nature.
Erosion and Sediment Control Plan (Plan) is a plan which includes a set of best
management practices or equivalent measures designed to control surface runoff and erosion and
to retain sediment on a particular site during the period in which pre-construction and construction
related land disturbances, fills, and soil storage occur, and before final improvements are
completed, all in accordance with the specific requirements set forth in Section 1520. This Plan
shall also include permanent measures and Best Management Practices to control post-
construction surface runoff and sediment.
Erosion and sediment control practice specifications and erosion and sediment control
practices. The management procedures, techniques, and methods to control soil erosion and
sedimentation as officially adopted by the City.
Excavation. The mechanical removal of earth material.
Fill. The deposit of soil or other earth materials placed by artificial means.
General Storm Water Permit. The Minnesota Pollution Control Agency's (MPCA) general
National Pollutant Discharge Elimination System (NPDES) construction storm water permit
covering anyone conducting a land disturbing activity which disturbs one (1) or more acres of total
land area.
Grading. Excavation or fill of material, including the resulting conditions thereof.
Land Disturbance Activity. Any land change greater than 2,5005,000 square feet or 50
cubic yards, or land change on a parcel of land located within a shoreland area or adjacent to a
surface water that may result in soil erosion from wind, water and/or ice and the movement of
sediments into or upon waters or lands of the city, including but not limited to construction, clear-
35
198575v4
cutting, clearing and grubbing, grading, excavating, transporting and filling of land. Land
Disturbance Activity does not mean the following:
o Minor land disturbance activities such as home gardens and an individual's home
landscaping, repairs and maintenance work affecting less than 2,500 square feet;
o Additions or modifications to existing single-family dwellings or accessory
structures that will result in creating under 2,500 square feet of exposed soil and/or
impervious surface and less than 50 cubic yards in a shoreland area;
o Construction, installation and maintenance of electric, telephone, and cable
television utility lines or individual service connection to these utilities, except where a
minimum of 5,000 square feet of land disturbance can be anticipated;
o Tilling, planting or harvesting of agricultural, horticultural, or silvicultural crops;
o Installation of fence, sign, telephone, and electric poles and other kinds of posts,
bollards or poles; and
o Emergency work to protect life, limb, or property and emergency
repairs. However, if the land disturbing activity would have required an approved Erosion
and Sediment Control Plan except for the emergency, then the land area disturbed shall be
shaped and stabilized in accordance with the requirement of the PWD when applicable.
Outfall. The point source where a storm sewer system discharges from a pipe, ditch, or
other discrete conveyance to receiving waters, or to a storm sewer system owned and operated by
another party.
Permittee. A person, firm, sole proprietorship, partnership, corporation, state agency or
political subdivision thereof engaged in a land disturbance activity who submits an application to
the PWD for a permit pursuant to this ordinance.
Phasing. Clearing a parcel of land in distinct phases, with the stabilization of each phase
before the clearing of the next.
Ramsey Conservation District. The Ramsey Soil and Water Conservation District.
Rice Creek Watershed District. An organization which oversees the activities in the Rice
Creek watershed as defined by Minnesota Statutes, Sections 103B,and 103D.
Runoff. Rainfall, snowmelt, or irrigation water flowing over the ground surface.
Sediment. Solid mineral or organic material that, in suspension, is being transported, or
has been moved from its original site by air, water, gravity, or ice, and has been deposited at
another location.
36
198575v4
Sedimentation. The process or action of depositing sediment, caused by erosion.
· Site. The entire area of land on which the land disturbance activity is proposed in the
permit application.
Site Plan. A plan or set of plans showing the details of any land disturbance activity of a
site including but not limited to the construction of: structures, open and enclosed drainage
facilities, stormwater management facilities, parking lots, driveways, curbs, pavements, sidewalks,
bike paths, recreational facilities, ground covers, plantings, and landscaping.
Shoreland. The land located within the following distances from protected waters:
o One thousand (1,000) feet from the ordinary high water mark of a lake, pond, or
flowage;
o Three hundred (300) feet from a river or stream, or the landward extent of a flood
plain on such rivers or streams, whichever is greater; and,
o The practical limits of shorelands may be less than the statutory limits where the
limits are designated by natural drainage divides at lesser distances, as shown on the official
map of the City.
Stabilization. The use of measures which protect soil from the erosion forces of wind, rain
and flowing water.
Steep Slope. Land where agricultural activity or development is either not recommended
or described as poorly suited due to slope steepness and the site's soil characteristics, as mapped
and described in available county soil surveys or other technical reports, unless appropriate design
and construction techniques and farming practices are used in accordance with the provisions of
this chapter. Where specific information is not available, steep slopes are lands having average
slopes over twelve percent (12%), as measured over horizontal distances of fifty (50) feet or more,
that are not bluffs.
Surface Water or Waters. All streams, lakes, ponds, marshes, wetlands, reservoirs, springs,
rivers, drainage systems, waterways, watercourses, and irrigation systems whether natural or
artificial, public or private.
Utility. The owner/operator of any underground facility including an underground line,
facility, system, and its appurtenances used to produce, store, convey, transmit, or distribute
communications, data, electricity, power, heat, gas, oil, petroleum products, water (including
stormwater), steam, sewage and other similar substances.
Watercourse. Any natural or improved stream, river, creek, ditch, channel, canal, conduit,
gutter, culvert, drain, gully, swale, or wash in which waters flow either continuously or
intermittently.
37
198575v4
Watershed. A region draining to a specific river, river system, or body of water.
Wetlands. A lowland area such as a marsh, that is saturated with moisture, as defined in
Sec. 404, Federal Water Pollution Control Act Amendments of 1987, or the Minnesota Wetland
Conservation Act of 1991.
Section 1520 – Erosion and Sediment Control Plans and Review
1520.01 Erosion and Sediment Control Plan.
Subd. 1 Required. An Erosion and Sediment Control Plan must be submitted to the
PWD for every project involving a land disturbance activity. No building permit, site plan
approval, subdivision approval, or permit to allow land disturbing activities shall be issued and no
earth disturbing activity shall commence until approval of the Erosion and Sediment Control Plan.
Projects coordinated by Ramsey County or Mn/DOT do not require a permit; however, the
PWD shall be notified of the project and be provided a copy of the Erosion and Sediment Control
Plan, as well as an estimated schedule for commencement and completion. The PWD shall notify
the designated contact if erosion control measures should fail or require maintenance with the
expectation that the deficiencies will be corrected.
If no permit has been obtained, a stop work order may be issued on the construction and a
fine may be issued in an amount equal to twice the required permit fee. A completed Erosion and
Sediment Control Plan and permit application shall be submitted before construction will be
allowed to resume.
Obtaining a permit does not exempt the Permittee from obtaining permits required by other
governmental agencies.
Subd. 2 Application Fee. The Permittee shall submit an application fee as specified on
the City's Fee Schedule as adopted and revised annually by the City Council by ordinance. The
fee is non-refundable and shall cover any review costs accrued within one (1) year of the date of
payment.
Subd. 3 Criteria. The Erosion and Sediment Control Plan shall minimize soil erosion
or sediment from damaging adjacent land. A Permittee engaged in a Land Disturbance Activity
shall submit an Erosion and Sediment Control Plan that will minimize soil erosion or sediment
from damaging adjacent land, bodies of water, watercourses or wetlands to the PWD for approval.
The Erosion and Sediment Control Plan shall address the following criteria:
A. Conform to the natural limitations presented by topography and soil so as to
create the least potential for soil erosion;
B. Stabilize all exposed soils and soil stockpiles;
38
198575v4
C. Establish permanent vegetation;
D. Prevent sediment damage to adjacent properties and other designated areas;
E. Schedule of erosion and sediment control practices;
F. Use of temporary sedimentation basins;
G. Stabilization of steep slopes and bluffs;
H. Control the storm water leaving a site;
I. Stabilize all waterways and outlets;
J. Protect storm sewers and outfalls from the entrance of sediment, debris and
trash;
K. Control waste, such as discarded building materials, concrete truck washout,
chemicals, litter and sanitary waste that may adversely impact water quality;
L. When working in or crossing water bodies, take precautions to contain
sediment;
M. Re-stabilize utility construction areas as soon as possible;
N. Protect paved roads from sediment and mud brought in from access routes;
O. Dispose of temporary erosion and sediment control measures;
P. Maintain all temporary and permanent erosion and sediment control practices;
and
Q. Removal of sediment from streets at the end of each day
Subd. 4 Plan Content. The Erosion and Sediment Control Plan content shall include the
following unless waived by the PWD:
A. Contact information for the Permittee;
B. Address of site where the land disturbing activity is proposed;
C. Signature(s) of the owner(s) of the site or an authorized representative;
D. Project description including the nature and purpose of the land disturbing
activity and the amount of grading involved;
39
198575v4
E. Phasing of construction and timeline;
F. Existing and proposed site conditions, including topography, vegetation, and
drainage;
G. Adjacent areas, neighboring streams, lakes, wetlands, residential areas, roads,
etc., which might be affected by the land disturbing activity;
H. Soil data including soil names, mapping units, erodibility;
I. Critical erosion areas, which are areas on the site that have potential for serious
erosion problems;
J. Erosion and sediment control measures to be used on the site, both during and
after the construction process;
K. Temporary and Permanent stabilization to show how the site will be stabilized
during and after construction (is completed), including specifications;
L. Storm water management to show how storm runoff will be managed, including
methods to be used if the development will result in increased peak rates or volume of runoff;
M. Maintenance and schedule of regular inspections and repair of erosion and
sediment control structures; and,
N. Any calculations that were made for the design of such items as sediment
basins, diversions, waterways, and other applicable practices.
O. A land disturbance activity equal to or greater than one (1) acre is required to
comply with the conditions of the NPDES/SDS Construction Stormwater General Permit, Part IV
– Construction Activity Requirements.
1520.02 Review of Permit Application
Subd. 1 General. The PWD shall review the Erosion and Sediment Control Plan to
ensure compliance with the erosion and sediment control practice specifications and erosion and
sediment control practices.
Subd. 2 Permit Approval. If the PWD determines that the Erosion and Sediment
Control Plan meets the requirements of this ordinance, the PWD shall issue a permit, valid for a
specified period of time that authorizes the land disturbance activity contingent on the
implementation and completion of the Erosion and Sediment Control Plan.
40
198575v4
Subd. 3 Permit Denial. If the PWD determines that the Erosion and Sediment Control
Plan does not meet the requirements of this article, the PWD shall not issue a permit for the land
disturbance activity. The Erosion and Sediment Control Plan must be resubmitted for approval
before the land disturbance activity begins. No land use and building permits shall be issued until
the Permittee has an approved Erosion and Sediment Control Plan.
1520.03 Escrow Requirement.
After approval of an Erosion and Sediment Control Plan, the PWD may require the
Permittee to escrow a sum of money sufficient to ensure the installation, completion, maintenance,
inspection, and enforcement of the Erosion and Sediment Control Plan and practices. Escrow
amounts shall be set by Ordinance in the City fee schedule. Upon project completion, the
remaining escrow shall be returned to the Permittee.
1520.04 Modifications of Plan.
An approved Erosion and Sediment Control Plan may be modified upon submission of an
application for modification to the PWD and subsequent approval by the PWD. In reviewing such
application, the PWD may require additional reports and data.
Section 1530 – Implementation and Maintenance
1530.01 Implementation and Maintenance of Plan.
All storm water pollution controls noted on the approved Erosion and Sediment Control
Plan shall be installed before commencing the land disturbing activity and shall not be removed
without PWD approval or approval of a Certificate of Completion. Noncompliance with the
Erosion and Sediment Control Plan shall constitute grounds for an order from the PWD to halt all
construction.
1530.02 Implementation.
The plan implementation shall incorporate the following:
Subd. 1 Existing vegetation shall be retained whenever feasible.
Subd. 2 Land shall be disturbed in increments of workable size such that adequate
erosion and sediment control can be provided and maintained as construction progresses. The area
exposed shall be stabilized in conformance with best management practices and with the
maintenance requirements in the NPDES General Construction Permit. Soil stabilization
measures should be selected to be appropriate for the time of year, site conditions, and estimated
duration of use.
Subd. 3 The location of areas not to be disturbed shall be identified with flags, stakes,
signs, silt fence, etc. before construction begins.
41
198575v4
Subd. 4 Down-gradient sediment controls shall be in place before up-gradient land
disturbing activity begins.
Subd. 5 All storm drains, inlets and outfalls shall be protected until all sources of
potential discharge are stabilized.
Subd. 6 Temporary stockpiles shall have effective sediment control and cannot be
placed in surface waters or storm water conveyance systems.
Subd. 7 Vehicle tracking from the site shall be minimized with the use of stone pads,
concrete or steel wash racks, or equivalent systems.
Subd. 8 Street sweeping shall be used if BMPs are not adequate to prevent sediment
from being tracked into the street.
1530.03 Responsibility.
The Permittee shall be responsible for proper operation and maintenance of all stormwater
pollution controls and soil stabilization measures in conformance with best management practices
and with the maintenance requirements in the NPDES General Construction Permit. The
Permittee is responsible for the operation and maintenance of temporary erosion at the site. The
Permittee is responsible until another Permittee has assumed control over all areas of the site that
have not been finally stabilized or the site has undergone final stabilization, and has received an
approved Certificate of Completion. The Permittee is responsible for maintenance, clean-up and
all damages caused by flooding of the site or surrounding area due to in-place erosion or sediment
control.
Section 1540 – Enforcement
1540.01 Erosion and Sediment Control Permit Enforcement.
If the PWD determines that erosion and sedimentation control is not being implemented or
maintained according to the approved Plan, the Permittee will be notified and provided with a list
of corrective work to be performed. Notification may be given by personal delivery upon the
Permittee, or an officer, partner, manager or designated representative of the Permittee, or by e-
mail or facsimile by sending such notice to the e-mail address or facsimile number provided by
the Permittee. Upon the receipt of a Non-Compliance Notice from the PWD, the Permittee shall
undertake a corrective action.
Subd. 1 Types of Corrective Actions.
A. Violations Contained on the Construction Site. Permittee shall complete clean-
up and restoration within forty-eight (48) hours of receipt of the Non-Compliance Notice.
42
198575v4
B. Violation Impacting Adjoining Property. Permittee shall develop and complete
a clean-up and restoration plan within forty-eight (48) hours of receipt of a Non-Compliance
Notice unless the affected adjoining property owner refuses Permittee access to the adjoining
property. In all cases, clean-up and restoration shall be completed within seven (7) days of receipt
of the Non-Compliance Notice, unless an extension is granted by the PWD.
C. Violations Impacting Streets, Wetlands, or Water Bodies. Permittee shall
develop and implement a clean-up and restoration plan immediately upon receipt of a Non-
Compliance Notice.
Subd. 2 Failure to Comply. If Permittee fails to implement the Plan or complete any
required corrective action in a timely manner, the City may pursue one or more of the remedies
specified herein. All costs incurred by the City shall be paid by Permittee. Escrow funds may be
used by the City for this purpose and, if such funds do not adequately cover the City's cost, the
Permittee shall reimburse the City for any deficiency before continuing work on the construction
site. The City may:
A. Withhold the scheduling of inspections and/or the issuance of a Certificate of
Occupancy.
B. Issue a stop work order, ceasing all land disturbance activity on the site until
such time as corrective measures are completed to the satisfaction of the PWD.
C. Revoke any permit issued by the City to the Permittee for the Site.
D. Direct the correction of the deficiency by City forces or by a separate contract.
E. Obtain a Compliance Order from the appropriate court.
SECTION 5. This Ordinance shall become effective immediately upon its passage and
publication according to law.
PASSED and ADOPTED this _____ day of ____________, 201__, by the City
Council of the City of Arden Hills, Minnesota.
CITY OF ARDEN HILLS
By _______________________________
David Grant, Mayor
ATTEST:
43
198575v4
_____________________________
Julie Hanson, City Clerk
Published in the ____________________ on _______________, 2018.
DATE: August 20, 2018
TO: Honorable Mayor and City Councilmembers
FROM: Dave Perrault, City Administrator
SUBJECT: Council Tracker Update
Budgeted Amount: Actual Amount: Funding Source:
N/A N/A N/A
Council Should Consider
The Council should provide further direction on items presented on the Council Request Tracker.
Background
City Council will receive a verbal update on items the Council has previously directed staff to
research and/or bring forward.
Attachment
N/A
AGENDA ITEM –1C
MEMORANDUM
DATE: August 20, 2018
TO: Honorable Mayor and City Councilmembers
FROM: Dave Perrault, City Administrator
SUBJECT: SLWA Follow Up
Budgeted Amount: Actual Amount: Funding Source:
N/A N/A N/A
Council Should Consider
The Council should provide further direction on the Service Line Warranties of America
(SLWA) agreement with the City.
Background
At the August 13, 2018 Regular City Council Meeting, the City Council directed staff to add the
SLWA agreement to the next Work Session.
At the July Work Session, The City Council directed City Staff to contact our SLWA
representative, and inform them that the City Council will need to authorize all future mailings.
SLWA confirmed with Staff that no mailings will be sent without prior authorization by the City
Council. SLWA did note they will be beginning the planning process at the end of the month for
the fall campaign, but also acknowledged that prior to that campaign the City will need to
authorize any mailings.
Attachment
N/A
AGENDA ITEM –1D
MEMORANDUM
DATE: August 20, 2018
TO: Honorable Mayor and City Councilmembers
FROM: Dave Perrault, City Administrator
SUBJECT: Sympathy/Greeting Card and Floral Arrangement Policy
Budgeted Amount: Actual Amount: Funding Source:
N/A N/A N/A
Council Should Consider
The Council should provide further direction regarding a sympathy/greeting card and floral
arrangement policy.
Background
The Council has previously asked City Staff to bring forward a policy to address when the City
will send out sympathy/greeting cards. The City has also historically sent floral arrangements in
certain cases, which has also been added to this policy. A draft policy has been attached to this
memo.
Attachment
Attachment A: Sympathy/Greeting Card and Floral Arrangement Policy
AGENDA ITEM –1E
MEMORANDUM
CITY OF ARDEN HILLS
Greeting/Sympathy Card and Floral Arrangement Policy
This document will establish a process for sending greeting/sympathy cards and floral
arrangements by the City of Arden Hills.
The City of Arden Hills staff, unless otherwise directed by the City Council, will send a
greeting and/or sympathy card and/or floral arrangement in the following circumstances.
-Council members / City Staff / Committee and Commission members:
-First baby: A card and floral arrangement (up to $50)
-Employee hospitalization: A card and floral arrangement (up to $50)
-Funeral (immediate family only): A card and floral arrangement (up to $90)
-Other elected officials representing the City / previous Council members / previous
Committee and Commission members / other members of the public deemed by the City
Council to have had a significant connection with the City:
-Funeral: A sympathy card will be sent to the family on behalf of the City of Arden
Hills
Purpose
By instituting this procedure, it will help ensure consistency on when the City sends a
greeting and/or sympathy card to the City Council, City Staff, Commission/Committee
members, and other members of the public.
AGENDA ITEM – 1F
MEMORANDUM
DATE:
August 20, 2018
TO: Honorable Mayor and City Councilmembers
Dave Perrault, City Administrator
FROM: Gayle Bauman, Finance Director
SUBJECT: Preliminary General Fund Budget
Budgeted Amount: Actual Amount: Funding Source:
N/A N/A N/A
Council Should Consider
Staff is requesting City Council to review and provide feedback to the attached preliminary General
Fund budget for the 2019 fiscal year.
Background
Annually, City staff prepares and submits a preliminary budget to the City Council for review and
feedback. Attached to this memo is the City’s preliminary General Fund budget for the 2019 fiscal year.
Each department provided their respective forecasts for this budget.
The proposed 2019 budget is $5,519,250, an increase of $342,494 or 6.6%. For the purpose of this
discussion, there is no tax levy increase reflected in the budget. As presented, the General Fund Budget is
underfunded by $368,130, with $237,225 of the shortfall being carried over from the 2018 budget and
$130,905 from current year projections. This practice is not sustainable in the long term. A tax levy
increase of 9.72% would be needed to balance the budget in 2019.
According to information provided by Ramsey County, the median home value in Arden Hills will increase
from $333,800 for 2018 taxes to $346,900 for 2019 taxes, an increase of 3.9%, which is less than the
countywide average of 7.4%. The annual impact of different levels of the City levy increase to a median
valued home is as follows:
% LEVY $ LEVY $ %
CHANGE CHANGE 2018 2019 2018 2019 CHANGE CHANGE
0% $0 $333,800 $346,900 $834 $831 ($3) ‐0.4%
1% $37,868 $840 $6 0.7%
2% $75,738 $849 $15 1.8%
3% $113,608 $858 $24 2.9%
4% $151,478 $867 $33 3.9%
9.72% $368,088 $919 $85 10.1%
HOME VALUE CITY TAX
Fiscal disparities for the City decreased by 2.8% while the local taxable value increased by 5.1%, which
shows a slight shift in the tax burden to non-residential properties. What this means is that the $3 net
change in the first line of the preceding table is made up of the following:
Change due to decrease in fiscal disparities $2
Change due to increase in taxable values ($5)
Net Change ($3)
The 2019 preliminary budget is currently being prepared assuming a 2.5% wage adjustment for all staff.
This is what was approved for the I.O.U.E. union members. There is also a 10% increase assumed for
health and dental premiums and a 3% increase for disability insurance. Two new positions have been
included in the proposed budget. They are the Senior Engineering Tech and the Recreation Programmer.
A majority of the cost for the Sr. Eng. Tech should be offset by a decrease in contracted services from
WSB. Other changes to personnel costs include an increase to council pay, an increase in hours for the
part-time Communications Coordinator because the 2018 budget only had it listed at 20 hours per week
and the position was hired at 25 hours per week, and a change in the allocation between departments and
funds for the Community Development Director and the City Planner.
2019 budget information was received from Ramsey County and Lake Johanna Fire Department for public
safety. The police contract is expected to rise by 4.1%, or $48,475 for 2019. The main reason for this is
the addition of another investigator. Ramsey County has plans to add another investigator in 2020. The
fire costs are expected to rise by 5.5%, or $29,680 for 2019.
Earlier this year, Council expressed an interest in accomplishing more patching and overlay work during
2019 to help lengthen the life of the City’s roads. An additional $100,000 was added to the 2019 budget
to support this endeavor.
A summary of the major changes is as follows:
Description Effect on General Fund
Increase Street Maintenance for patching and overlays (100,000)
Add Recreation Programmer (66,480)
Step/benefit increases (51,890)
Ramsey County police contract (48,475)
Add Sr. Engineering Tech (43,830)
Lake Johanna Fire Department budget (29,680)
COLA 2.5% (22,140)
(362,495)
In addition to the expenditure items listed above, permit revenues (building, mechanical, electrical and plan
check fees) are expected to increase by $191,770. This is based on an analysis of 2015 – 2018 revenues.
Discussion
Staff is respectfully requesting the City Council to review the preliminary budget and provide
feedback for future budget meetings. The 2019 proposed levy and public meeting date need to be
set prior to the end of September 2018.
Attachments
A. Preliminary 2019 General Fund Budget PowerPoint Presentation
B. Preliminary 2019 General Fund Budget
Preliminary2019 General Fund BudgetPRESENTED TO ARDEN HILLS CITY COUNCILAUGUST 20, 2018
Overall General Fund Budget Summary2016 2017 2018 2019 $ Increase % IncreaseActual Actual Budget Budget (Decrease) (Decrease)REVENUESTaxes 3,260,537$ 3,541,704$ 3,795,042$ 3,795,470$ 428$ 0.01%Special assessments1,332 1,265 2,000 1,220 (780) ‐39.00%Licenses and permits598,687 729,198 324,600 505,020 180,420 55.58%Intergovernmental131,914 151,425 133,179 153,220 20,041 15.05%Charges for services700,855 718,906 585,704 604,160 18,456 3.15%Fines & forfeits31,868 29,988 34,000 30,340 (3,660) ‐10.76%Investment earnings52,161 36,012 55,000 47,230 (7,770) ‐14.13%Miscellaneous25,636 22,642 10,006 14,460 4,454 44.51%TOTAL REVENUES4,802,989$ 5,231,139$ 4,939,531$ 5,151,120$ 211,589$ 4.28%EXPENDITURESGeneral government1,082,313$ 1,076,354$ 1,305,550$ 1,282,630$ (22,920)$ ‐1.76%Public safety1,981,507 2,058,035 2,156,172 2,234,400 78,228 3.63%Public works479,814 443,632 587,872 719,400 131,528 22.37%Parks & recreation621,834 618,613 707,162 862,820 155,658 22.01%Transfers out775,121 340,000 420,000 420,000 ‐ 0.00%TOTAL EXPENDITURES 4,940,589$ 4,536,635$ 5,176,756$ 5,519,250$ 342,494$ 6.62%NET CHANGE IN FUND BALANCE (137,600)$ 694,505$ (237,225)$ (368,130)$ (130,905)$ 55.18%1
Budget AssumptionsDescription Effect on General Fund Increase Street Maintenance budget for patching and overlays (100,000) 2.5% Cost of Living Adjustment, 10% increase in premiums, step increases (74,030) Add Recreation Programmer position (66,480) Ramsey County police contract ‐ 1 investigator position added (48,475) Add Senior Engineering Technician position (43,830) Lake Johanna Fire Department budget (29,680) Building, Mechanical, Electrical, Plan Review revenue 191,770 Major changes to budget (170,725) 2
Revenues by Source2019 Amount Over(Under) % Change OverBudget 2018 Budget 2018 BudgetProperty Taxes3,786,940$ (2)$ 0.0%Other Taxes9,750 (350) ‐3.5%Licenses & Permits505,020 180,420 55.6%Intergovernmental153,220 20,041 15.0%Charges for Services604,160 18,456 3.2%Fines & Forfeits30,340 (3,660) ‐10.8%Investment Earnings47,230 (7,770) ‐14.1%Miscellaneous14,460 4,454 44.5%Total Revenues5,151,120$ 211,589$ 4.3%3
General Fund Revenues4
Expenditures by Department2019 Amount Over(Under) % Change OverBudget 2018 Budget 2018 BudgetGeneral Government 1,282,630$ (22,920)$ ‐1.8%Public Safety 2,234,400 78,228 3.6%Public Works 719,400 131,528 22.4%Parks & Recreation 862,820 155,658 22.0%Transfers 420,000 ‐ 0.0%Total Expenditures 5,519,250$ 342,494$ 6.6%5
Expenditures by Type2019 Amount Over(Under) % Change OverBudget 2018 Budget 2018 BudgetPersonnel Services 1,625,020$ 199,294$ 14.0%Supplies & Materials 127,400 9,554 8.1%Other Services & Charges 3,346,830 133,646 4.2%Transfers 420,000 ‐ 0.0%Total Expenditures 5,519,250$ 342,494$ 6.6%6
General Fund Expenditures7
Personnel Services2019 Amount Over(Under) % Change OverBudget 2018 Budget 2018 BudgetGeneral Government 579,080$ 70,980$ 14.0%Public Safety 275,520 2,294 0.8%Public Works 259,660 25,460 10.9%Parks & Recreation 510,760 100,560 24.5%Total Expenditures 1,625,020$ 199,294$ 14.0%COLA/step/benefit increases 73,314$ Sr. Eng. Tech.43,830 Rec. Programmer66,480 Council wages6,030 Allocations9,640 199,294$ 8
Personnel FTE’s20182019BudgetRequestGeneral Government5.906.01Public Safety2.612.56Public Works11.9412.77Parks & Recreation4.065.29Total24.5026.63Part‐time Communications Coordinator was budgeted at 50% in 2018 budget but position was hired at 62.5% fte.Add new Senior Engineering Technician.Add new Recreation Programmer.9
Supplies & Materials2019 Amount Over(Under) % Change OverBudget 2018 Budget 2018 BudgetGeneral Government 29,800$ (1,050)$ ‐3.4%Public Safety 1,200 (1,846) ‐60.6%Public Works 25,600 ‐ 0.0%Parks & Recreation 70,800 12,450 21.3%Total Expenditures 127,400$ 9,554$ 8.1%10
Other Services & Charges2019 Amount Over(Under) % Change OverBudget 2018 Budget 2018 BudgetGeneral Government 673,750$ (92,850)$ ‐12.1%Public Safety 1,957,680 77,780 4.1%Public Works 434,140 106,068 32.3%Parks & Recreation 281,260 42,648 17.9%Total Expenditures 3,346,830$ 133,646$ 4.2%Increase mainly due to $100,000 addition to Street Maintenance budget for patching and overlays.Ramsey County police contract ‐ $48,475 increase.Lake Johanna Fire Department budget ‐ $29,680 increase.11
Effect on Median Value Home(City Tax only)LEVY$ %CHANGE 2018 2019 2018 2019 CHANGE CHANGE0%333,800$ 346,900$ 834$ 831$ (3)$ ‐0.4%1%840$ 6$ 0.7%2%849$ 15$ 1.8%3%858$ 24$ 2.9%4%867$ 33$ 3.9%HOME VALUECITY TAX12
Tax Levy HistoryYEAR TAX LEVY % CHANGE TAX RATE % CHANGE2010 3,016,465 22.672%2011 3,040,964 0.8% 24.187% 6.7%2012 3,096,994 1.8% 25.544% 5.6%2013 3,191,230 3.0% 27.931% 9.3%2014 3,257,456 2.1% 27.950% 0.1%2015 3,359,775 3.1% 27.294% ‐2.3%2016 3,478,775 3.5% 26.539% ‐2.8%2017 3,641,290 4.7% 27.211% 2.5%2018 3,786,942 4.0% 25.532% ‐6.2%13
Budgeted vs Actual Surplus (Deficit)YEAR BUDGET ACTUAL2012 (124,954) 199,583 2013 (46,100) 14,795 2014 (162,415) (19,768) 2015 (35,305) 736,465 2016 (725,446) (137,600) 2017 (195,955) 694,505 2018 (237,225) TBDThere was a transfer out of surplus funds from 2015 in 2016.Staff will recommend a transfer out of surplus funds from 2017 in 2018.14
Council FeedbackQuestions?Comments?Additional meetings?Budget format?15
2016 2017 2018 2019 Increase Increase
Actual Actual Budget Budget (Decrease) (Decrease)
REVENUES
Taxes
Property taxes 3,252,297$ 3,532,773$ 3,786,942$ 3,786,940$ (2)$ 0.00%
Other taxes 8,240 8,931 8,100 8,530 430 5.31%
Special assessments 1,332 1,265 2,000 1,220 (780) ‐39.00%
Licenses and permits 598,687 729,198 324,600 505,020 180,420 55.58%
Intergovernmental 131,914 151,425 133,179 153,220 20,041 15.05%
Charges for services 700,855 718,906 585,704 604,160 18,456 3.15%
Fines & forfeits 31,868 29,988 34,000 30,340 (3,660) ‐10.76%
Investment earnings 52,161 36,012 55,000 47,230 (7,770) ‐14.13%
Miscellaneous 25,636 22,642 10,006 14,460 4,454 44.51%
TOTAL REVENUES 4,802,989$ 5,231,139$ 4,939,531$ 5,151,120$ 211,589$ 4.28%
EXPENDITURES
General government
Mayor & council 65,051$ 56,513$ 67,500$ 68,760$ 1,260$ 1.87%
Administration 173,781 260,304 327,500 331,010 3,510 1.07%
Elections 21,137 21,137 23,000 23,000 ‐ 0.00%
Finance 172,268 192,663 176,300 191,820 15,520 8.80%
TCAAP 242,663 98,883 170,000 172,590 2,590 1.52%
Planning & Zoning 173,853 197,976 266,250 223,610 (42,640) ‐16.02%
Government Buildings 233,560 248,879 275,000 271,840 (3,160) ‐1.15%
Total general government 1,082,313 1,076,354 1,305,550 1,282,630 (22,920) ‐1.76%
Public safety
Police 1,089,185 1,177,494 1,194,775 1,242,250 47,475 3.97%
Dispatch 67,780 68,832 65,175 68,500 3,325 5.10%
Fire 495,216 514,468 544,000 573,680 29,680 5.46%
Emergency Management 2,966 3,364 9,476 3,920 (5,556) ‐58.63%
Protective Inspections 326,360 293,877 342,746 346,050 3,304 0.96%
Total public safety 1,981,507 2,058,035 2,156,172 2,234,400 78,228 3.63%
Public works
Street Maintenance 479,814 443,632 587,872 719,400 131,528 22.37%
Total public works 479,814 443,632 587,872 719,400 131,528 22.37%
Parks & recreation
Recreation 275,039 250,898 266,650 342,890 76,240 28.59%
Park Maintenance 346,795 367,715 440,512 519,930 79,418 18.03%
Total parks & recreation 621,834 618,613 707,162 862,820 155,658 22.01%
Other Financing Uses
Transfers Out 775,121 340,000 420,000 420,000 ‐ 0.00%
775,121 340,000 420,000 420,000 ‐ 0.00%
TOTAL EXPENDITURES 4,940,589$ 4,536,635$ 5,176,756$ 5,519,250$ 342,494$ 6.62%
NET CHANGE IN FUND BALANCE (137,600)$ 694,505$ (237,225)$ (368,130)$
CITY OF ARDEN HILLS, MINNESOTA
GENERAL FUND
PRELIMINARY 2019 BUDGET
1
2019 BUDGET ‐ GENERAL FUND ‐ SCHEDULE OF EXPENDITURES ‐ DETAIL BY FUNCTION
2016 2017 2018 2019 $ Increase % Increase
Actual Actual Budget Proposed (Decrease) (Decrease)
Mayor & council
Personnel Expenses 31,160$ 31,165$ 31,200$ 37,210$ 6,010$ 19.26%
Supplies and Materials 48 166 50 150 100 200.00%
Other Services and Charges 33,842 25,182 36,250 31,400 (4,850) ‐13.38%
65,051$ 56,513$ 67,500$ 68,760$ 1,260$ 1.87%
Administration
Personnel Expenses 83,780$ 83,423$ 194,200$ 215,300$ 21,100$ 10.87%
Supplies and Materials 423 448 500 550 50 10.00%
Other Services and Charges 89,578 176,433 132,800 115,160 (17,640) ‐13.28%
173,781$ 260,304$ 327,500$ 331,010$ 3,510$ 1.07%
Elections
Other Services and Charges 21,137$ 21,137$ 23,000$ 23,000$ ‐$ 0.00%
21,137$ 21,137$ 23,000$ 23,000$ ‐$ 0.00%
Finance
Personnel Expenses 61,677$ 66,312$ 51,000$ 53,800$ 2,800$ 5.49%
Supplies and Materials 16,490 19,000 23,100 23,100 ‐ 0.00%
Other Services and Charges 94,102 107,351 102,200 114,920 12,720 12.45%
172,268$ 192,663$ 176,300$ 191,820$ 15,520$ 8.80%
TCAAP
Personnel Expenses 61,188$ 43,726$ 107,700$ 86,490$ (21,210)$ ‐19.69%
Supplies and Materials 555 ‐ 1,000 ‐ (1,000) ‐100.00%
Other Services and Charges 180,920 55,156 61,300 86,100 24,800 40.46%
242,663$ 98,883$ 170,000$ 172,590$ 2,590$ 1.52%
Planning & Zoning
Personnel Expenses 111,751$ 40,044$ 83,500$ 145,490$ 61,990$ 74.24%
Supplies and Materials 14 ‐ 200 ‐ (200) ‐100.00%
Other Services and Charges 62,088 157,933 182,550 78,120 (104,430) ‐57.21%
173,853$ 197,976$ 266,250$ 223,610$ (42,640)$ ‐16.02%
Government Buildings
Personnel Expenses 22,156$ 42,720$ 40,500$ 40,790$ 290$ 0.72%
Supplies and Materials 3,951 4,426 6,000 6,000 ‐ 0.00%
Other Services and Charges 207,453 201,733 228,500 225,050 (3,450) ‐1.51%
233,560$ 248,879$ 275,000$ 271,840$ (3,160)$ ‐1.15%
Police
Other Services and Charges 1,089,185$ 1,177,494$ 1,194,775$ 1,242,250$ 47,475$ 3.97%
1,089,185$ 1,177,494$ 1,194,775$ 1,242,250$ 47,475$ 3.97%
Dispatch
Other Services and Charges 67,780$ 68,832$ 65,175$ 68,500$ 3,325$ 5.10%
67,780$ 68,832$ 65,175$ 68,500$ 3,325$ 5.10%
Fire
Other Services and Charges 495,216$ 514,468$ 544,000$ 573,680$ 29,680$ 5.46%
495,216$ 514,468$ 544,000$ 573,680$ 29,680$ 5.46%
Emergency Management
Personnel Expenses 11$ 30$ 2,726$ 2,820$ 94$ 3.45%
Other Services and Charges 2,955 3,335 6,750 1,100 (5,650) ‐83.70%
2,966$ 3,364$ 9,476$ 3,920$ (5,556)$ ‐58.63%
Protective Inspections
Personnel Expenses 233,395$ 218,543$ 270,500$ 272,700$ 2,200$ 0.81%
Supplies and Materials 645 171 3,046 1,200 (1,846) ‐60.60%
Other Services and Charges 92,319 75,163 69,200 72,150 2,950 4.26%
326,360$ 293,877$ 342,746$ 346,050$ 3,304$ 0.96%
Street Maintenance
Personnel Expenses 177,551$ 171,591$ 234,200$ 259,660$ 25,460$ 10.87%
Supplies and Materials 67,524 47,424 25,600 25,600 ‐ 0.00%
Other Services and Charges 234,739 224,617 328,072 434,140 106,068 32.33%
479,814$ 443,632$ 587,872$ 719,400$ 131,528$ 22.37%
Recreation
Personnel Expenses 175,833$ 163,332$ 174,000$ 235,770$ 61,770$ 35.50%
Supplies and Materials 21,938 19,223 22,250 26,250 4,000 17.98%
Other Services and Charges 77,267 68,343 70,400 80,870 10,470 14.87%
275,039$ 250,898$ 266,650$ 342,890$ 76,240$ 28.59%
Park Maintenance
Personnel Expenses 191,823$ 183,904$ 236,200$ 274,990$ 38,790$ 16.42%
Supplies and Materials 37,104 26,384 36,100 44,550 8,450 23.41%
Other Services and Charges 117,868 157,426 168,212 200,390 32,178 19.13%
346,795$ 367,715$ 440,512$ 519,930$ 79,418$ 18.03%
Transfers Out 775,121$ 340,000$ 420,000$ 420,000$ ‐$ 0.00%
TOTAL EXPENDITURES 4,940,589$ 4,536,635$ 5,176,756$ 5,519,250$ 342,494$ 6.62%
2
2018 PERCENT
ORIGINAL OVER(UNDER)
Total By Program ACTUAL ACTUAL BUDGET BUDGET 2018 BUDGET
City Council $65,051 $56,513 $67,500 $68,760 1.9%
City Administration 173,781 260,304 327,500 331,010 1.1%
Elections 21,137 21,137 23,000 23,000 0.0%
Finance 172,268 192,663 176,300 191,820 8.8%
TCAAP 242,663 98,883 170,000 172,590 1.5%
Planning & Zoning 173,853 197,976 266,250 223,610 -16.0%
Government Buildings 233,560 248,879 275,000 271,840 -1.1%
Totals 1,082,313 1,076,354 1,305,550 1,282,630 -1.8%
Total By Classification
Personnel Services 371,712 307,389 508,100 579,080 14.0%
Commodities 21,481 24,040 30,850 29,800 -3.4%
Contractual Services 689,119 744,926 766,600 673,750 -12.1%
Capital Outlay 0000 N/A
Other Charges 0000 N/A
Totals 1,082,313 1,076,354 1,305,550 1,282,630 -1.8%
Staffing
Full-time equivalents 4.51 4.69
CITY OF ARDEN HILLS, MINNESOTA
GENERAL GOVERNMENT SUMMARY
EXPENDITURE ANALYSIS
2016 2017 2019
2016 ACTUAL 2017 ACTUAL 2018 ORIGINAL
BUDGET
2019 ORIGINAL
BUDGET
0
200
400
600
800
1,000
1,200
1,400
ThousandsExpenditures
3
CITY OF ARDEN HILLS, MINNESOTA
Function: General Government 101
Activity: Mayor & Council 41100
Activity Scope
Objectives
Issues
Budget Commentary
2016 2017 2018 2019
Budget Summary ACTUAL ACTUAL BUDGET BUDGET
Personnel Services 31,160$ 31,165$ 31,200$ 37,210$
Commodities 48 166 50 150
Contractual Services 33,842 25,182 36,250 31,400
Total 65,051$ 56,513$ 67,500$ 68,760$
Percent Change (-13.1%) 19.4% 1.9%
Expenditures by Classification
The Mayor and City Council are responsible for the formulation of policy and the passage of laws governing the
City of Arden Hills. Members participate in various committees, as well as direct staff, through the City
Administrator, as to their overall goals for the City. This department provides for Mayor and Council
compensation, Council meetings and work sessions, management consultants, memberships, and publishing
legal notices. Participation in NYFS is included in this budget, as is funding for the City Council Retreat
Facilitator.
In 2019, the Mayor and Council budget is proposed to increase by 1.9% or $1,260.
Fund # :
Activity # :
2019 BUDGET
1. Adopt policies and ordinances consistent with Council's position on growth, zoning and financial strategy.
2. Continue to work on the redevelopment of the TCAAP property.
Creating funding sources to build reserve balances to fund future capital improvements while maintaining
current City services.
54%
46%
Personnel Services
Commodities
Contractual Services
4
CITY OF ARDEN HILLS, MINNESOTA
Function: General Government 101
Activity: Administration 41300
Activity Scope
Objectives
Issues
Budget Commentary
2016 2017 2018 2019
Budget Summary ACTUAL ACTUAL BUDGET BUDGET
Personnel Services 83,780$ 83,423$ 194,200$ 215,300$
Commodities 423 448 500 550
Contractual Services 89,578 176,433 132,800 115,160
Total 173,781$ 260,304$ 327,500$ 331,010$
Percent Change 49.8% 25.8% 1.1%
Full-Time Equivalent positions - - 1.80 1.85
Expenditures by Classification
2019 BUDGET
Fund # :
Activity # :
City Administration provides the overall direction of the City, as determined by the City Council. The City
Administrator serves as Chief Administrative Officer for the City, ensuring that laws, ordinances, and resolutions
of the City Council are enforced and implemented. The Administration Department is responsible for
administering Council policies, coordinating Council agendas, and providing support to other functional areas
within the City.
The 2019 Administration budget is increasing by 1.1% over 2018. The department is fully staffed and
consultant costs have been removed.
1. Assist City Council in setting policies and procedures in accordance with Council's position.
2. Provide direction and leadership on major city projects, budget management, oversee performance
evaluation and long-range planning.
1. Long-range planning to maintain current City services while creating funding sources for reserves.
2. Long-range comprehensive TCAAP planning.
65%
35%
Personnel Services
Commodities
Contractual Services
5
CITY OF ARDEN HILLS, MINNESOTA
Function: General Government 101
Activity: Elections 41410
Activity Scope
Objectives
Issues
Budget Commentary
2016 2017 2018 2019
Budget Summary ACTUAL ACTUAL BUDGET BUDGET
Personnel Services -$ -$ -$ -$
Commodities - - - -
Contractual Services 21,137 21,137 23,000 23,000
Total 21,137$ 21,137$ 23,000$ 23,000$
Percent Change 0.0% 8.8% 0.0%
Expenditures by Classification
2019 BUDGET
Fund # :
Activity # :
This department covers the cost of administering all Federal, State and Municipal elections. This includes the
preparation of any and all absentee ballots, organizing the polling places, election judges, and vote tabulations.
The City contracts with Ramsey County for all the required election services.
The Elections budget has a zero percent increase for FY19.
Stay current on election laws.
Stay current on election laws.
100%
Personnel Services
Commodities
Contractual Services
6
CITY OF ARDEN HILLS, MINNESOTA
Function: General Government 101
Activity: Finance 41500
Activity Scope
Objectives
Issues
Budget Commentary
2016 2017 2018 2019
Budget Summary ACTUAL ACTUAL BUDGET BUDGET
Personnel Services 61,677$ 66,312$ 51,000$ 53,800$
Commodities 16,490 19,000 23,100 23,100
Contractual Services 94,102 107,351 102,200 114,920
Total 172,268$ 192,663$ 176,300$ 191,820$
Percent Change 11.8% (-8.5%) 8.8%
Full-Time Equivalent positions - - 0.47 0.49
Expenditures by Classification
2019 BUDGET
Fund # :
Activity # :
Conducts the financial affairs of the City in accordance with the Government Accounting Standards Board
(GASB) and Generally Accepted Accounting Principles (GAAP). This includes protecting the assets of the City,
the initiation of financial plans, investment and debt management, review and implementation of internal
controls, and accounting for financial transactions including accounts payable, accounts receivable and payroll.
This budget increased by 8.8% in 2019. Contractual services is increasing due to the Technology Fund
allocation.
1. Continue working to refine the financial management plan for the City.
2. Continue to produce a Comprehensive Annual Financial Report (CAFR) and reports for the public (Popular
Annual Finance Report - PAFR) that receive the GFOA's award for excellence in reporting.
3. Provide meaningful and timely financial reports and information to Council, Commissions and other City
Departments.
1. Implement improved reporting procedures to inform Council, Commissions and Departments.
2. Work with other Departments to find ways to reduce costs of City operations.
3. Analyze and implement ways to reduce transaction processing and costs.
28%
12%
60%
Personnel Services
Commodities
Contractual Services
7
CITY OF ARDEN HILLS, MINNESOTA
Function: General Government 101
Activity: TCAAP 41600
Activity Scope
Objectives
Issues
Budget Commentary
2016 2017 2018 2019
Budget Summary ACTUAL ACTUAL BUDGET BUDGET
Personnel Services 61,188$ 43,726$ 107,700$ 86,490$
Commodities 555 - 1,000 -
Contractual Services 180,920 55,156 61,300 86,100
Total 242,663$ 98,883$ 170,000$ 172,590$
Percent Change (-59.3%) 71.9% 1.5%
Full-Time Equivalent positions - - 0.43 0.63
Expenditures by Classification
2019 BUDGET
Fund # :
Activity # :
This department was established to account for revenue and expenditure activity related to the City’s
comprehensive re-use planning at the Twin Cities Army Ammunition Plant (TCAAP) site.
Ramsey County purchased the property and established a Joint Development Authority (JDA) with the City.
Revenues and expenditures are for City costs and are estimated, but placeholders have been included for
consulting costs, and staff time has been allocated for the City Administrator, Community Development Director,
Planner, and Public Works Director as they act as the City’s support staff to this Authority. The 2019 budget
shows an increase of 1.5%, largely due to staff changes and a better estimate of forecasted expenditures.
1. Coordination of TCAAP redevelopment planning activities while continuing to meet the needs of the City of
Arden Hills.
2. Work with Ramsey County through the Joint Development Authority (JDA).
1. Economic conditions.
2. Coordinating with multiple entities/players.
50%
50%
Personnel Services
Commodities
Contractual Services
8
CITY OF ARDEN HILLS, MINNESOTA
Function: General Government 101
Activity: Planning & Zoning 41910
Activity Scope
Objectives
Issues
Budget Commentary
2016 2017 2018 2019
Budget Summary ACTUAL ACTUAL BUDGET BUDGET
Personnel Services 111,751$ 40,044$ 83,500$ 145,490$
Commodities 14 - 200 -
Contractual Services 62,088 157,933 182,550 78,120
Total 173,853$ 197,976$ 266,250$ 223,610$
Percent Change 13.9% 34.5% (-16.0%)
Full-Time Equivalent positions - - 1.43 1.34
Expenditures by Classification
2019 BUDGET
Fund # :
Activity # :
Responsible for all planning and zoning related functions of the City. Activities administered by this department
include requests for variances, subdivisions, re-zonings, zoning code amendments, signs, conditional use
permits, compliance with City Ordinances and other land use issues. The Planners work closely with Protective
Inspections, Code Enforcement, and Community Development.
The Planning Commission, consisting of seven members appointed annually by the City Council, meets monthly
to review the above requests and to make recommendations to the City Council in an advisory capacity.
The budget for 2019 is a total decrease of 16.0% over the 2018 budget. Personnel includes a Director and
Planner and related consultant costs have been reduced.
1. Continue to work on Rental Housing registrations.
2. Continue improvements of the City's planning process.
1. Rental Housing registrations.
2. Refine Building Permit process.
3. Research and refine an Administrative Fines process.
65%
35%
Personnel Services
Commodities
Contractual Services
9
CITY OF ARDEN HILLS, MINNESOTA
Function: General Government 101
Activity: Government Buildings 41940
Activity Scope
Objectives
Issues
Budget Commentary
2016 2017 2018 2019
Budget Summary ACTUAL ACTUAL BUDGET BUDGET
Personnel Services 22,156$ 42,720$ 40,500$ 40,790$
Commodities 3,951 4,426 6,000 6,000
Contractual Services 207,453 201,733 228,500 225,050
Total 233,560$ 248,879$ 275,000$ 271,840$
Percent Change 6.6% 10.5% (-1.1%)
Full-Time Equivalent positions - - 0.38 0.38
Expenditures by Classification
2019 BUDGET
Fund # :
Activity # :
This department captures all of the operation/maintenance related costs for the City Hall and Government
Building facilities.
The City entered into a contract with Ramsey County for a joint maintenance facility located just west of City
Hall off County Road 96 on Paul Kirkwold Drive. The new facility was completed and occupied as of October
2004. The City’s portion of the Ramsey County maintenance facility is charged to this budget.
The 2019 budget is a decrease of 1.1% from the previous year’s budget.
Maintain a reputable facility to house meetings and staff.
Normal maintenance and repair issues as the building (City Hall) has now been in operation since 2002.
15%
2%
83%
Personnel Services
Commodities
Contractual Services
10
2018 PERCENT
ORIGINAL OVER(UNDER)
Total By Program ACTUAL ACTUAL BUDGET BUDGET 2018 BUDGET
Police $1,089,185 $1,177,494 $1,194,775 $1,242,250 4.0%
Dispatch 67,780 68,832 65,175 68,500 5.1%
Fire 495,216 514,468 544,000 573,680 5.5%
Emergency Management 2,966 3,364 9,476 3,920 -58.6%
Protective Inspections 326,360 293,877 342,746 346,050 1.0%
Totals 1,981,507 2,058,035 2,156,172 2,234,400 3.6%
Total By Classification
Personnel Services 233,406 218,572 273,226 275,520 0.8%
Commodities 645 171 3,046 1,200 -60.6%
Contractual Services 1,747,456 1,839,292 1,879,900 1,957,680 4.1%
Capital Outlay 0000 N/A
Other Charges 0000 N/A
Totals 1,981,507 2,058,035 2,156,172 2,234,400 3.6%
Staffing
Full-time equivalents 2.61 2.56
CITY OF ARDEN HILLS, MINNESOTA
PUBLIC SAFETY SUMMARY
EXPENDITURE ANALYSIS
2016 2017 2019
2016 ACTUAL 2017 ACTUAL 2018 ORIGINAL
BUDGET
2019 ORIGINAL
BUDGET
1,800
2,100
2,400
ThousandsExpenditures
11
CITY OF ARDEN HILLS, MINNESOTA
Function: Public Safety 101
Activity: Police 42100
Activity Scope
Objectives
Issues
Budget Commentary
2016 2017 2018 2019
Budget Summary ACTUAL ACTUAL BUDGET BUDGET
Personnel Services -$ -$ -$ -$
Commodities - - - -
Contractual Services 1,089,185 1,177,494 1,194,775 1,242,250
Total 1,089,185$ 1,177,494$ 1,194,775$ 1,242,250$
Percent Change 8.1% 1.5% 4.0%
Expenditures by Classification
2019 BUDGET
Fund # :
Activity # :
Law Enforcement services for Arden Hills are provided on a contractual basis with the Ramsey County Sheriff’s
Department. Animal control services are included in this budget.
Arden Hills portion of the Ramsey County Sheriff’s Contracting Communities 2019 budget increased 4.0% over
2018. Animal control costs and boarding are included within this budget.
Continue contracting for law enforcement and animal control services through the Ramsey County Sheriff’s
Department.
1. Resident concerns over police coverage and visibility.
2. Response times.
100%
Personnel Services
Commodities
Contractual Services
12
CITY OF ARDEN HILLS, MINNESOTA
Function: Public Safety 101
Activity: Dispatch 42150
Activity Scope
Objectives
Issues
Budget Commentary
2016 2017 2018 2019
Budget Summary ACTUAL ACTUAL BUDGET BUDGET
Personnel Services -$ -$ -$ -$
Commodities - - - -
Contractual Services 67,780 68,832 65,175 68,500
Total 67,780$ 68,832$ 65,175$ 68,500$
Percent Change 1.6% (-5.3%) 5.1%
Expenditures by Classification
2019 BUDGET
Fund # :
Activity # :
Emergency dispatch services are provided by Ramsey County.
Arden Hills portion of the Ramsey County 911 Dispatch Department operation budget increased by 5.1%.
Dispatch saw a significant increase in the 2014 and 2015 budget due to CAD costs, but those costs are now
leveling out and appropriately budgeted for.
Continue contracting dispatch services though Ramsey County.
Continue to maintain service levels at a reasonable cost.
100%
Personnel Services
Commodities
Contractual Services
13
CITY OF ARDEN HILLS, MINNESOTA
Function: Public Safety 101
Activity: Fire 42200
Activity Scope
Objectives
Issues
Budget Commentary
2016 2017 2018 2019
Budget Summary ACTUAL ACTUAL BUDGET BUDGET
Personnel Services -$ -$ -$ -$
Commodities - - - -
Contractual Services 495,216 514,468 544,000 573,680
Total 495,216$ 514,468$ 544,000$ 573,680$
Percent Change 3.9% 5.7% 5.5%
Expenditures by Classification
2019 BUDGET
Fund # :
Activity # :
Fire protection for Arden Hills is provided by the Lake Johanna Volunteer Fire Department on a contractual
basis. Lake Johanna Volunteer Fire Department presently provides services to the cities of Arden Hills,
Shoreview, and North Oaks. Arden Hills pays a percentage of operating and capital costs based on a formula
approved by the Lake Johanna Fire Department and Arden Hills City Council.
Arden Hills’s portion of the Lake Johanna Fire Department operating budget increased 5.5%. This budget
reflects increases to operating costs.
Continue contracting for fire protection services through Lake Johanna Volunteer Fire Department.
Continue to maintain service levels at a reasonable cost.
100%
Personnel Services
Commodities
Contractual Services
14
CITY OF ARDEN HILLS, MINNESOTA
Function: Public Safety 101
Activity: Emergency Management 42300
Activity Scope
Objectives
Issues
Budget Commentary
2016 2017 2018 2019
Budget Summary ACTUAL ACTUAL BUDGET BUDGET
Personnel Services 11$ 30$ 2,726$ 2,820$
Commodities - - - -
Contractual Services 2,955 3,335 6,750 1,100
Total 2,966$ 3,364$ 9,476$ 3,920$
Percent Change 13.4% 181.7% (-58.6%)
Full-Time Equivalent positions - - 0.02 0.02
Expenditures by Classification
2019 BUDGET
Fund # :
Activity # :
Emergency Management coordination for the City is required by the Federal Government. This department
works closely with Ramsey County Department of Homeland Security, as well as the Ramsey County Sheriff
and Lake Johanna Fire Department. The City contracts with a consultant to provide these services.
The 2019 budget is a decrease of 58.6% from the 2018 budget or $5,556. This is based on historical costs and
a shifting of the emergency services.
1. Update City's Emergency Response Policy and Procedures.
2. Train staff in emergency management procedures.
Coordinate with Ramsey County’s emergency response procedures and policies.
72%
28%
Personnel Services
Commodities
Contractual Services
15
CITY OF ARDEN HILLS, MINNESOTA
Function: Public Safety 101
Activity: Protective Inspections 42400
Activity Scope
Objectives
Issues
Budget Commentary
2016 2017 2018 2019
Budget Summary ACTUAL ACTUAL BUDGET BUDGET
Personnel Services 233,395$ 218,543$ 270,500$ 272,700$
Commodities 645 171 3,046 1,200
Contractual Services 92,319 75,163 69,200 72,150
Total 326,360$ 293,877$ 342,746$ 346,050$
Percent Change (-10.0%) 16.6% 1.0%
Full-Time Equivalent positions - - 2.59 2.54
Expenditures by Classification
2019 BUDGET
Fund # :
Activity # :
This department is responsible for all building construction, plumbing, sewer, water and mechanical inspections
within the City. Electrical inspections are contracted for with an independent inspection firm. This department
is also responsible for enforcement of the Zoning Code and other sections of the City Code of Ordinances.
The 2019 operating budget is an increase of 1.0% from the previous year’s budget.
1. Continue implementation of the building codes.
2. Continue to work on Building Permit software to produce Council reports.
1. Managing and prioritizing department workloads.
2. Keep up with rental license inspections of investor owned residential properties.
3. Continue implementation and design of new Building Permit software and reports.
79%
21%
Personnel Services
Commodities
Contractual Services
16
2018 PERCENT
ORIGINAL OVER(UNDER)
Total By Program ACTUAL ACTUAL BUDGET BUDGET 2018 BUDGET
Streets $479,814 $443,632 $587,872 $719,400 22.4%
Totals 479,814 443,632 587,872 719,400 22.4%
Total By Classification
Personnel Services 177,551 171,591 234,200 259,660 10.9%
Commodities 67,524 47,424 25,600 25,600 0.0%
Contractual Services 234,739 224,617 328,072 434,140 32.3%
Capital Outlay 0000 N/A
Other Charges 0000 N/A
Totals 479,814 443,632 587,872 719,400 22.4%
Staffing
Full-time equivalents 2.15 2.38
CITY OF ARDEN HILLS, MINNESOTA
PUBLIC WORKS SUMMARY
EXPENDITURE ANALYSIS
2016 2017 2019
2016 ACTUAL 2017 ACTUAL 2018 ORIGINAL
BUDGET
2019 ORIGINAL
BUDGET
0
250
500
750
1,000
ThousandsExpenditures
17
CITY OF ARDEN HILLS, MINNESOTA
Function: Public Works 101
Activity: Street Maintenance 43100
Activity Scope
Objectives
Issues
Budget Commentary
2016 2017 2018 2019
Budget Summary ACTUAL ACTUAL BUDGET BUDGET
Personnel Services 177,551$ 171,591$ 234,200$ 259,660$
Commodities 67,524 47,424 25,600 25,600
Contractual Services 234,739 224,617 328,072 434,140
Total 479,814$ 443,632$ 587,872$ 719,400$
Percent Change (-7.5%) 32.5% 22.4%
Full-Time Equivalent positions - - 2.15 2.38
Expenditures by Classification
2019 BUDGET
Fund # :
Activity # :
This department is responsible for maintaining City streets, including snowplowing, minor street repair, street
signs, and street sweeping.
The 2019 operating budget is an increase of 22.4% from the previous year’s budget. An Engineering Tech was
added for 2019 and $100,000 was added for additional patching and overly work.
1. Maintain street infrastructure utilizing all available techniques including crack sealing, seal coating, patching
and overlays.
2. Recommend a cost effective program for reconstructing/reclaiming street surfaces when maintenance
techniques no longer provide the desired results.
3. Maintain and update equipment and vehicles.
1. Implement a capital improvement program for City infrastructure.
2. Balance the public works department needs with available funds.
3. Aging equipment.
4. Increased safety regulation for equipment and vehicles.
36%
4%60%
Personnel Services
Commodities
Contractual Services
18
2018 PERCENT
ORIGINAL OVER(UNDER)
Total By Program ACTUAL ACTUAL BUDGET BUDGET 2018 BUDGET
Recreation $275,039 $250,898 $266,650 $342,890 28.6%
Parks 346,795 367,715 440,512 519,930 18.0%
Totals 621,834 618,613 707,162 862,820 22.0%
Total By Classification
Personnel Services 367,657 347,237 410,200 510,760 24.5%
Commodities 59,042 45,607 58,350 70,800 21.3%
Contractual Services 195,135 225,769 238,612 281,260 17.9%
Capital Outlay 0000 N/A
Other Charges 0000 N/A
Totals 621,834 618,613 707,162 862,820 22.0%
Staffing
Full-time equivalents 4.06 5.29
CITY OF ARDEN HILLS, MINNESOTA
CULTURE & RECREATION SUMMARY
EXPENDITURE ANALYSIS
2016 2017 2019
2016 ACTUAL 2017 ACTUAL
2018 ORIGINAL
BUDGET
2019 ORIGINAL
BUDGET
0
200
400
600
800
1,000
ThousandsExpenditures
19
CITY OF ARDEN HILLS, MINNESOTA
Function: Parks and Recreation 101
Activity: Recreation 45120
Activity Scope
Objectives
Issues
Budget Commentary
2016 2017 2018 2019
Budget Summary ACTUAL ACTUAL BUDGET BUDGET
Personnel Services 175,833$ 163,332$ 174,000$ 235,770$
Commodities 21,938 19,223 22,250 26,250
Contractual Services 77,267 68,343 70,400 80,870
Total 275,039$ 250,898$ 266,650$ 342,890$
Percent Change (-8.8%) 6.3% 28.6%
Full-Time Equivalent positions - - 1.47 2.47
Expenditures by Classification
2019 BUDGET
Fund # :
Activity # :
This department provides all recreational activities to residents of Arden Hills, as well as residents from
neighboring communities.
The 2019 operating budget is an increase of 28.6% from the previous year’s budget. The Recreation
Programmer position has been added back to the budget.
To provide recreational activities to residents of Arden Hills.
1. Develop senior programming.
2. Budget constraints.
69%
8%
23%
Personnel Services
Commodities
Contractual Services
20
CITY OF ARDEN HILLS, MINNESOTA
Function: Parks and Recreation 101
Activity: Park Maintenance 45200
Activity Scope
Objectives
Issues
Budget Commentary
2016 2017 2018 2019
Budget Summary ACTUAL ACTUAL BUDGET BUDGET
Personnel Services 191,823$ 183,904$ 236,200$ 274,990$
Commodities 37,104 26,384 36,100 44,550
Contractual Services 117,868 157,426 168,212 200,390
Total 346,795$ 367,715$ 440,512$ 519,930$
Percent Change 6.0% 19.8% 18.0%
Full-Time Equivalent positions - - 2.59 2.82
Expenditures by Classification
2019 BUDGET
Fund # :
Activity # :
Responsible for maintenance of City parks and trails as well as administration of the diseased tree/forestry
program. This includes maintaining and improving playground and picnic facilities, fertilizing and mowing of
grass, maintaining athletic fields, flooding and maintenance of outdoor ice rinks, snow and ice removal, and tree
preservation within the parks system of the City. These assets of the City are extensively used by the
residents, and improvements must be made to uphold the safety, functionality and beauty the City represents.
The 2019 operating budget is an increase of 18.0% from the previous year’s budget. Changes are due to a
portion of the new Sr. Engineering Tech being allocated here, $10,000 for Perry Park parking lot and the
allocations from the Central Garage and Technology funds have increased.
1. Continue pathway maintenance.
2. Continue implementing City's Comprehensive Park and Trails plan.
1. Other maintenance concerns coming up and not allowing completion of existing projects.
2. Budget constraints for future and existing projects.
53%9%
38%
Personnel Services
Commodities
Contractual Services
21
2018 PERCENT
ORIGINAL OVER(UNDER)
Total By Program ACTUAL ACTUAL BUDGET BUDGET 2018 BUDGET
Unallocated $775,121 $340,000 $420,000 $420,000 0.0%
Totals 775,121 340,000 420,000 420,000 0.0%
Total By Classification
Personnel Services 0000 N/A
Commodities 0000 N/A
Contractual Services 0000 N/A
Capital Outlay 0000 N/A
Other Charges 775,121 340,000 420,000 420,000 0.0%
Totals 775,121 340,000 420,000 420,000 0.0%
Staffing
Full-time equivalents 0.00 0.00
CITY OF ARDEN HILLS, MINNESOTA
MISCELLANEOUS SUMMARY
EXPENDITURE ANALYSIS
2016 2017 2019
2016 ACTUAL 2017 ACTUAL 2018 ORIGINAL
BUDGET
2019 ORIGINAL
BUDGET
0
200
400
600
800
ThousandsExpenditures
22
CITY OF ARDEN HILLS, MINNESOTA
Function: Unallocated 101
Activity: Transfers 49300
Activity Scope
Objectives
Issues
Budget Commentary
2016 2017 2018 2019
Budget Summary ACTUAL ACTUAL BUDGET BUDGET
Personnel Services -$ -$ -$ -$
Commodities - - - -
Contractual Services - - - -
Other Charges 775,121 340,000 420,000 420,000
Total 775,121$ 340,000$ 420,000$ 420,000$
Percent Change (-56.1%) 23.5% 0.0%
Expenditures by Classification
2019 BUDGET
Fund # :
Activity # :
The transfers to other funds budget is utilized to account for the transfer of general fund revenues to other funds
within the City financial structure.
2019 includes a transfer of $50,000 to fund Equipment Replacement, $50,000 to fund Public Safety Capital,
$120,000 to fund EDA activities, and $200,000 to the PIR Fund.
1. To build reserves for capital equipment replacement.
2. To subsidize infrastructure improvements.
Budget constraints.
100%
Personnel Services
Commodities
Contractual Services
Other Charges
23
DATE: August 20, 2018
TO: Honorable Mayor and City Councilmembers
FROM: Dave Perrault, City Administrator
SUBJECT: TCAAP Discussion
Budgeted Amount: Actual Amount: Funding Source:
N/A N/A N/A
Council Should Consider
The Council should discuss the status and elements of the ongoing TCAAP negotiations.
Background
A verbal update will be provided.
Attachment
N/A
AGENDA ITEM –1G
MEMORANDUM