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HomeMy WebLinkAbout11-13-18-R "It �-AlQENN HILLS Approved: December 10, 2018 CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING NOVEMBER 13, 2018 7:00 P.M. - ARDEN HILLS CITY COUNCIL CHAMBERS CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor David Grant called to order the regular City Council meeting at 7:00 p.m. Present: Mayor David Grant, Councilmembers Brenda Holden, Fran Holmes, Dave McClung and Steve Scott Absent: None Also present: City Administrator Dave Perrault; Finance Director Gayle Bauman; City Attorney Joel Jamnik; and City Clerk Julie Hanson PLEDGE OF ALLEGIANCE 1. APPROVAL OF AGENDA Mayor Grant requested Item 4C be added to the agenda to address the 2018 Election. In addition, he requested Item 60 be added to the Consent Agenda which would cancel the November 26, 2018 City Council meeting. MOTION: Councilmember Holmes moved and Councilmember Holden seconded a motion to approve the meeting agenda as amended. The motion carried unanimously (5-0). 2. PUBLIC INQUIRIES/INFORMATIONAL Gregg Larson, 3377 North Snelling Avenue, stated the public was losing confidence in this project and noted this could be due in part to the City Council's leadership. He explained Ramsey County believes the Council sees Rice Creek Commons as an inconvenience rather than a benefit. He encouraged the Council to be collaborative and not adversarial. It was his hope the City Council would not be an obstacle to this development. He indicated he did not want a repeat with what happened between the City and Ryan Companies. He encouraged the Council to support additional density within the project. He anticipated existing residents will incur additional costs for the infrastructure for this project and recommended the Council be upfront about this. He ARDEN HILLS CITY COUNCIL—NOVEMBER 13, 2018 2 commented on how a failed Rice Creek Commons project would impact the City. He believed it was unnecessary for the City to pursue a Civic Site on Rice Creek Commons. He noted it was not the City's responsibility to provide arts and cultural classes to the community. He recommended the City only assume debt while providing essential services to Arden Hills' residents. He stated residents did not want to be taxed for the Civic Site. He explained the current City Hall was adequate in meeting the City's needs and believed the proposed Civic Center was nonessential. He encouraged the Council to place this item on the ballot in order to learn what the public really wants. Mayor Grant reported there would be an Open Forum on Thursday, November 15 in the Marsden Room at the Ramsey County Maintenance Facility where the TCAAP Civic Site will be discussed. 3. RESPONSE TO PUBLIC INQUIRIES None. 4. STAFF COMMENTS A. Rice Creek Commons (TCAAP) and Joint Development Authority(JDA) Update City Administrator Perrault provided an update on TCAAP stating the JDA meeting for Wednesday, November 14 has been canceled. He reported the JDA would be meeting next on Monday, December 3. He invited the public to attend the Open Forum on Thursday,November 15 at the Ramsey County Maintenance Facility where the TCAAP Civic Site will be discussed. He stated the City recently received a letter noting the County was diverting resources from the project. He noted the City is willing to negotiate. B. Transportation Update City Administrator Perrault reported the Old Snelling Trail should be striped this week and all construction signage would be removed. City Administrator Perrault stated the 2018 PMP had been completed and was open to traffic. He noted any incomplete restoration work would be completed in the spring of 2019. Councilmember Holmes requested the potholes on Old Snelling be filled. C. 2018 Election City Clerk Hanson provided the Council an update on the results of the recently held 2018 election. She reported the City Council had three open seats that were voted on and explained Mayor Grant, Councilmember Scott and Councilmember Holmes were all reelected. She indicated the reelected members of the City Council would receive their Oath of Office in January 2019. Councilmember Holmes asked why there was a delay in receiving the election results. ARDEN HILLS CITY COUNCIL—NOVEMBER 13, 2018 3 City Clerk Hanson stated she was not aware of a delay and reported she would investigate this further. Councilmember McClung commented there had been several changes to the election procedure, which may have led to the slight delay in receiving the election results. Councilmember Scott stated he has worked elections every year since 2004. He commented on how the election process has changed. 5. APPROVAL OF MINUTES A. October 8, 2018, Special City Council Work Session B. October 8, 2018, Regular City Council C. October 15, 2018, City Council Work Session D. October 22, 2018, Regular City Council Councilmember Holden requested a change to the October 15, 2018, City Council Work Session minutes noting a change on Page 3. She reviewed the preferred language she would like included in her comment noting they should reflect the numbers within the TRC. Councilmember Holden requested a change to the October 22, 2018, City Council minutes noting a change on Page 5. She noted her comment regarding credits should reference the Sheriff s Department. MOTION: Councilmember Holden moved and Councilmember Holmes seconded a motion to approve the October 8, 2018, Special City Council Work Session meeting minutes, October 8, 2018, Regular City Council meeting minutes, October 15, 2018, City Council Work Session meeting minutes; and October 22, 2018, Regular City Council meeting minutes as amended. The motion carried unanimously (5-0). 6. CONSENT CALENDAR A. Motion to Approve Consent Agenda Item - Claims and Payroll B. Motion to Adopt Resolution 2018-063 Authorizing Insurance with PEIP for the 2019 Benefit Year C. Motion to Acknowledge the Application of Catholic United Financial for an Exempt Permit to Conduct a Raffle with the Drawing being March 5, 2019, with No Waiting Period D. Motion to Approve Resolution 2018-061 Certifying 2018 Municipal Election Canvass Results E. Motion to Approve North Suburban Access NSAC Professional and Technical Services Agreement F. Motion to Approve an Extension to May 15, 2019 for the Deadline to File the Minor Subdivision for a Lot Line Adjustment at 1377 Arden Oaks Drive and 1415 County Road E ARDEN HILLS CITY COUNCIL—NOVEMBER 13, 2018 4 G. Motion to Approve Resolution 2018-062 — 2019 Curbside and Non-Curbside Recycling Fees H. Motion to Approve Payment No. 3 — Final Payment — Michels Pipe Services — 2017 Sanitary Sewer Lining Project I. Motion to Approve Payment No. 6 — Sunram Construction — Old Snelling Watermain and Trail Improvements Project J. Motion to Approve Payment No. 5 — Northwest Asphalt, Inc. — 2018 Street and Utility Improvement Project K. Motion to Approve Proposal for Replacement Pumps and Piping with Electric Pump Company—Lift Station No. 6 L. Motion to Approve Professional Services Agreement with Bolton & Menk — Hazelnut Park Master Planning Services M. Motion to Expend Fees for Services with TKDA—Highway 10 Watermain Design and County Road F Construction Services N. Motion to Approve Agreement with MMKR for Professional Auditing Services O. Cancelation of the November 26, 2018 City Council Meeting MOTION: Councilmember Holden moved and Councilmember Holmes seconded a motion to approve the Consent Calendar as presented and to authorize execution of all necessary documents contained therein. The motion carried unanimously (5-0). 7. PULLED CONSENT ITEMS None. 8. PUBLIC HEARINGS A. Orchid Restaurant and Grill, Inc. Liquor License City Clerk Hanson stated Orchid Bar and Grill Inc., requested an On-Sale license (ONSS beer, wine and intoxicating liquor) for their new restaurant. They will be located at 3845 Lexington Avenue North, #107 in Arden Hills. She indicated this license would be for 2019 as the site is currently under construction and plans to open in January 2019. She said staff was in receipt of all the necessary paperwork and that upon approval, all required information will be submitted to the Minnesota Department of Public Safety Alcohol & Gambling Enforcement so that they can continue with the next steps in the approval process. She indicated the City liquor license would not be formally issued until a fire inspection by the Lake Johanna Fire Department has been conducted and a Certificate of Occupancy has been issued by the City. Mayor Grant questioned how many liquor licenses the City had. City Clerk Hanson reported the City currently had 10 liquor licenses and stated that the City is nowhere close to the maximum allowed as restaurants and bowling alleys do not count toward the legal allowable number of licenses. Mayor Grant opened the public hearing at 7:30 p.m. ARDEN HILLS CITY COUNCIL—NOVEMBER 13, 2018 5 With no one coming forward to speak, Mayor Grant closed the public hearing at 7:31 p.m. MOTION: Councilmember Holden moved and Councilmember Holmes seconded a motion to approve the On-Sale Liquor License for Orchid Restaurant and Grill, Inc. located at 3845 Lexington Avenue North, #107. The motion carried (5-0). B. Tobacco Public Comment City Clerk Hanson stated at its work sessions in August and October, the Council discussed possibly amending City Code pertaining to increasing the tobacco sales age to 21 and/or regulating the sale of flavored and/or menthol tobacco in the City. Kristen Ackert from the Association for Non-Smokers MN was in attendance at the August work session and the Council accepted public comment from tobacco vendors that were in attendance at the October work session. City Clerk Hanson explained the Council made the decision to receive further public comment at the November 13 public hearing before making a final decision regarding any potential ordinance amendment. The Council could meet at a future work session should it wish to move forward with any ordinance amendment. She provided the Council with an update as to where many other cities are currently at. Mayor Grant opened the public hearing at 7:34 p.m. Beth Johnson, 1232 Ingerson Court, explained she had two young adult daughters and both talk about how many of their peers use e-cigarette products. She noted many of these peers began using e-cigarettes during their freshman year at the University of Minnesota. She reported these individuals were attracted to the sleek design of Jul and believe it to be harmless. She discussed how dangerous and addictive the Jul pods were. She stated this was leading teens to a quick addiction. She commented on how youth tobacco use was on the rise for the first time in 17 years due to e-cigarettes. She discussed the importance of youth learning how to cope and manage stress in healthy ways. She stated tobacco related deaths were preventable and noted 6,000 people died each year in Minnesota from this. She indicated she wanted to see all youth in Minnesota to grow up and be free from the harms of tobacco. She encouraged the City Council to raise the tobacco purchase age to 21 in order to decrease accessibility and to remove flavored tobacco from places where kids shop. Kailee Dayke, 3900 Bethel Drive, stated she was a student at Bethel University studying neuroscience. She explained she supported the Council pursuing Tobacco 21 while also restricting flavored tobacco to adult only tobacco stores. She commented on the health risks associated with nicotine addiction. She indicated there was an increasing amount of her peers using flavored e- cigarette products. She noted however, that children as young as 12 and 13 were also using these products. She stated vaping devices have not been proven to be an effective way to stop smoking and for this reason, she encouraged the Council to amend its Ordinance changing the tobacco purchase age to 21. ARDEN HILLS CITY COUNCIL—NOVEMBER 13, 2018 6 Gene Nichols, 5910 David Court in Shoreview, stated he was before the Council as a representative of the African American Leadership Forum. He noted he currently serves on the Ramsey County Health Advisory Committee. He explained he supported the Council pursuing an Ordinance amendment that would change the tobacco purchase age to 21 and to restrict the sale of flavored tobacco to adult only shops. He reviewed the percentage of African Americans using menthol cigarettes in the metro area and noted the tobacco industry has been targeting his community by handing out Newports in black communities. He stated many in his community cannot stop smoking even though they want to quit and wish tobacco addiction on nobody. He reported his 69-year-old brother lost his battle to COPD a year ago. He explained the FDA was finally considering the ban of e-cigarettes at gas stations and convenient stores in order to curb youth use. He stated he looked forward to the FDA's full plan noting this was a welcome and long overdue first step. However, he encouraged States and cities to pursue their own restrictions in order to create a healthy future for the community. Rita Lamatsch, 1535 Royal Hills Drive, reported she was the mother of two children. She stated she supported the City Council raising the tobacco sales age to 21 while also restricting the sale of flavored tobacco to adult only stores. She indicated she was concerned about the number of children who were hooked on e-cigarettes. She noted one in five students in high school currently uses e-cigarettes. She stated this scared her as a parent and also brought about fear as to how this generation will face their nicotine addiction. She reported the tobacco industry was using flavors to lure youth into e-cigarette use. She noted the FDA believed e-cigarette use among youth has become an epidemic. She encouraged the Arden Hills City Council to take action now by passing a Tobacco 21 Ordinance amendment. Claire Lamatsch, 1535 Royal Hills Drive, encouraged the Arden Hills City Council to raise the age of tobacco sales to 21 and to remove flavored tobacco from convenient stores. She believed this would make it harder for kids to try e-cigarette products with their friends. She stated her sister has friends in junior high that have already used e-cigarette products and these were always flavored. She explained her parents have always warned her about the dangers of smoking cigarettes but there are not as many warnings about e-cigarettes. She stated many people believe e-cigarettes are safe, but the truth is they were addictive. She recommended the City Council adopt an Ordinance amendment that would help keep more children from getting hooked on nicotine. Anna Grace, 5893 Royal Oaks Drive, reported she was a loth grade student at Mounds View High School. She discussed how clever the tobacco industry was disguising its product with flavors that appealed to youth. She commented on how addictive and dangerous these products were. She stated many of her peers believed vaping was safe and cool. She reported it was easy for students to conceal their vaping devices as they could be mistaken as thumb drives or other technology. She indicated young people would find it much easier to contact an 18-year-old to purchase e-cigarettes for them than it would be to contact a 21-year-old. She encouraged the City Council to be strong community leaders by increasing the tobacco age to 21 in hopes of decreasing the appeal among younger users. She stated she was proud to live in a community that prioritized the health of its residents over tobacco industry benefits. Dan Schmidt, 1863 Sixth Street in White Bear Lake, stated he opposed raising the tobacco age. He noted he was a non-tobacco using father of two. He explained he was the manager of the ARDEN HILLS CITY COUNCIL—NOVEMBER 13, 2018 7 Holiday Station Store in Arden Hills and discussed the methods Holiday used to prevent youth tobacco use. Further discussion ensued regarding the compliance checks that were conducted by Ramsey County. Ross Fleming explained he was a health teacher in the Mounds View School District and has been teaching health for the past 33 years. He stated nicotine was the most addictive drug in the world which made it very difficult to quit. He reported teenagers were the biggest population experimenting and becoming addicted to nicotine. He stated e-cigarettes were a problem at Mounds View High School, one of the biggest behavioral problems. He feared that vaping and e- cigarettes would become this generation's gateway drug. He discussed how impulsive and spontaneous teenagers were because their brains were not fully developed and how nicotine addiction impacted these minds. He encouraged the City Council raise the tobacco purchase age to 21. Mayor Grant closed the public hearing at 7:59 p.m. Mayor Grant thanked all who came forward with comments and concerns for the Tobacco Public Comment portion of the meeting. 9. NEW BUSINESS None. 10. UNFINISHED BUSINESS None. 11. COUNCIL COMMENTS Councilmember Scott thanked all of the residents who were in attendance and those who came forward to speak. He appreciated the input on this matter. Councilmember Scott thanked the City's recreation department for putting on the Boo Bash. He stated he was looking forward to attending the breakfast with Santa even in December. Councilmember Scott reported he attended three different Veteran's Day events in the community over the weekend. He described the three events he attended in further detail with the Council. Councilmember McClung thanked everyone who came to the Council meeting and to all of those who had contacted him regarding the tobacco issue. He stated he appreciated all of the opinions that had been expressed. Councilmember McClung commented he would like staff to clarify how Public Hearing items would be approved on the agenda. ARDEN HILLS CITY COUNCIL—NOVEMBER 13, 2018 8 Councilmember Holmes thanked everyone who came to the City Council meeting. She stated she appreciated all of the comments that were brought forward. Councilmember Holmes stated she was pleased to see the City's PMP project was now complete. She thanked all of the residents for their patience during the 2018 road construction season. Councilmember Holmes thanked all of the Arden Hills residents who had served or are currently serving. She noted she attended the Minnesota Opera on Veteran's Day where she saw Silent Night. Councilmember Holden thanked all of the residents who were in attendance and to those who came forward to share their thoughts. She explained she was really proud of the fact both sides could present their comments without feeling threatened or intimidated. Councilmember Holden addressed the recent comments made by Ramsey County and noted there were other businesses and developers in the community that found Arden Hills to be very business friendly. She reported the Council was trying to protect and not go bankrupt because of the Rice Creek Commons development. Councilmember Holden commented she attended the Boo Bash and had a wonderful time at this community event. Mayor Grant reported the new Red Bull facility began construction today. Mayor Grant requested the Council consider their committee assignments for 2019. He suggested staff put out a solicitation for Chair of the JDA. Mayor Grant stated he met with the School Board Superintendent last week and discussed the purchase of a new bus garage, which would be used for parking and use of the school. Mayor Grant thanked the City's election judges for their assistance during the recent election. Mayor Grant thanked Claire for her polished and professional presentation to the City Council. He stated he was proud of the fact all individuals tonight were able to make a presentation in an environment that was Minnesota nice. 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