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HomeMy WebLinkAbout07-08-19-R I't RIPEN HILLS Approved: July 22, 2019 CITY OF ARDEN HILLS,MINNESOTA REGULAR CITY COUNCIL MEETING JULY 8,2019 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; Interim Public Works Director/City Engineer Todd Blomstrom; Finance Director Gayle Bauman; City Attorney Joel Jamnik; and City Clerk Julie Hanson PLEDGE OF ALLEGIANCE 1. APPROVAL OF AGENDA MOTION: Councilmember Holden moved and Councilmember Holmes seconded a motion to approve the meeting agenda as presented. The motion carried unanimously (5-0). 2. PUBLIC INQUIRIESANFORMATIONAL None. 3. RESPONSE TO PUBLIC INQUIRIES None. 4. STAFF COMMENTS A. Rice Creek Commons (TCAAP)and Joint Development Authority (JDA) Update ARDEN HILLS CITY COUNCIL—JULY 8, 2019 2 City Administrator Perrault provided an update on TCAAP stating litigation with Ramsey County was ongoing. He reported the JDA attempted to hold a meeting on July l' and this meeting was not held due to a lack of quorum from County representatives. B. Transportation Update Interim Public Works Director/City Engineer Blomstrom updated the Council on the sealcoating work that was completed in the City last week. Interim Public Works Director/City Engineer Blomstrom discussed the Hamline Avenue storm sewer repair. Interim Public Works Director/City Engineer Blomstrom explained staff attended a preconstruction meeting with Ramsey County for the 2019 overlay program. He indicated Centerville Road, Long Lake Road, Larpenteur Avenue, Century Avenue, White Bear Avenue, Edgerton Avenue, Bald Eagle Boulevard, Silver Lake Road and Lexington Avenue would be resurfaced through this program. It was noted work on Lexington Avenue is anticipated to begin on August 19 and would be completed by September 10. Interim Public Works Director/City Engineer Blomstrom updated the Council on the Hamline Avenue pedestrian crosswalk improvements. He commented further on the changes that were being planned for pedestrian crosswalks at Wyncrest and Floral/Route 37 Trail. Interim Public Works Director/City Engineer Blomstrom discussed the 2018 Street and Utility Improvement project. He explained the contractor was onsite and installing sod within restoration areas this week. It was his opinion this project would be wrapped up in the coming weeks. Interim Public Works Director/City Engineer Blomstrom commented on the rain garden maintenance that occurred along Noble Road. Councilmember Holden requested staff investigate the preliminary layout of Lexington Avenue further with the County to address access concerns and to improve the now of traffic along the corridor. Councilmember Holden discussed the stormwater inlets that were being choked out along County Road E and requested staff investigate these further. Councilmember Holmes requested further information regarding the sealcoating process. Interim Public Works Director/City Engineer Blomstrom described the sealcoating process in detail with the Council. He reported excess aggregate was left on the asphalt to bond onto the pavement. It was noted any remaining excess aggregate would be removed in the next week. Councilmember Holden encouraged staff to use the City's webpage and Facebook to inform the public of upcoming sealcoating and street improvement projects. 5. APPROVAL OF MINUTES ARDEN HILLS CITY COUNCIL—JULY 8, 2019 3 A. June 10,2019, Regular City Council B. June 17,2019, City Council Work Session Councilmember Holden reported she had provided the City Clerk with two minor corrections to the minutes. MOTION: Councilmember Holden moved and Councilmember Holmes seconded a motion to approve the June 10, 2019, Regular City Council meeting minutes; and June 17, 2019, City Council Work Session 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 Approve CTV Equipment Upgrade 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. Tobacco Ordinance Amendment City Clerk Hanson stated the Council voted to amend the tobacco ordinance at its March 25, 2019 regular City Council meeting. She stated the purpose of this public hearing was to provide the opportunity for further public comment regarding amending language pertaining to prohibited sales so that restriction of the sale of flavored products would not apply to any licensee whose total annual sales volume of licensed products is 90% or more whose license was in existence on or before March 25, 2019. She indicated the Council may or may not take action on this proposed amendment this evening under New Business. Mayor Grant opened the public hearing at 7:26 p.m. Gene Nichols, 5910 David Court in Shoreview, reported he served on the Human Rights Commission and was a member of the Ramsey County Community Health Advisory Committee. He commented on the feedback the City Council has received from the public regarding the Tobacco 21 and the sale of flavored tobacco. He thanked the Council for their strong leadership and for passing one of the strongest Tobacco ordinances in the State of Minnesota. He commented on how harmful e-cigarettes were to today's youth and how the next generation was in jeopardy. He encouraged the Council to keep in mind the long-term interests of the community ARDEN HILLS CITY COUNCIL—JULY 8, 2019 4 versus the short-term impact on one local business. He explained his brother passed from COPD two years ago. He supported the City keeping strong policies in place to protect the next generation from tobacco related illnesses and premature death. Maher Safi, manager of Arden Hills Tobacco, thanked the Council for understanding his concerns and for revisiting this issue. He explained the previous Ordinance would have directly impacted his livelihood. He reported his business began 15 years ago. He described how tobacco use has been on the decline and indicated he has worked really hard to improve his business. He reported Arden Hills Tobacco has been in compliance with all local, state and federal laws. He stated he should not be punished because of a national study or national epidemic. He explained he does not sell or market tobacco products to kids. He indicated he was a responsible business owner and should not be punished for the actions of others. Beth Meissner, manager of Arden Hills Shell (Brausen's), thanked Councilmember Holmes for reading her email. She discussed the impact the City Ordinance has had on business. She questioned why the Council had visited Mr. Safi's store to see the impact on his business and did not visit Brausen's. She reported her income would drop significantly because it was based on sales. She estimated their business would lose $80,000 to $100,000 in sales as her customers would drive two blocks down to Shoreview. She indicated she would have to cut hours for her staff. She expressed frustration with the fact the Council did not respond to her email and provided the Council with a copy of her email. She discussed how this Ordinance would chase businesses out of Arden Hills. Mr. Safi explained he objected to the first Ordinance fully for his business and all tobacco license holders in the City. He reported the exclusion for his tobacco shop was because he was an adult only shop. He clarified for the record that he did not sell tobacco products online. With no one coming forward to speak, Mayor Grant closed the public hearing at 7:39 p.m. 9. NEW BUSINESS A. Ordinance 2019-005 Amending Chapter 3, License and Regulations, Section 350, Subsection 350.06, Prohibited Sales and Authorize Publication of Ordinance Amendment City Clerk Hanson stated the current proposed amendment's language pertains to Subsection 350.06, Prohibited Sales, and states that "After August 1, 2019, the flavor restriction shall not apply to any licensee whose total annual sales volume of licensed products is 90%or more whose license was in existence on or before March 25, 2019." City Clerk Hanson commented that the proposed language would "grandfather in" Arden Hills Tobacco due to the adult only store's volume of sales of licensed products. She stated that the proposed exception would be for the existing Arden Hills Tobacco shop, at the existing location, and with the existing license holder only. If Arden Hills Tobacco were to relocate elsewhere in the city or sell the business to a new owner,the exception would no longer apply. ARDEN HILLS CITY COUNCIL—JULY 8, 2019 5 Councilmember Holmes stated she believed the proposed amendment upheld the original intent of the Council and what the Ordinance was supposed to be. She supported an exception for the tobacco shop because this was an adult only shop. She commented on the problems of youth seeing tobacco in local convenient stores. She explained the Council was invited by Mr. Safi to visit his store to better understand how things worked. She noted it was always her original intent to have the tobacco shop exempt which led to the proposed Ordinance amendment. She indicated she would be supporting the proposed amendment. Councilmember Holden explained she was confused about the ownership of the tobacco shop. She stated she did not support giving one business a benefit over another business. She indicated it was not fair for her to be accused of meeting with Mr. Safi when this had not occurred. She believed it was irresponsible to amend the Ordinance and for this reason she would not be supporting the proposed amendment. Councilmember McClung agreed with Councilmember Holden's comments and noted this was a public health issue. He wanted to see all Arden Hills residents protected from tobacco addiction and not just youth. He explained he grew up in a house with a smoker and he was pleased with the fact cities and states were starting to address this issue. He indicated he spoke to Mr. Safi, along with the owner of Brausen's. He apologized for not speaking to Ms. Meisner but noted he had read her email. He stated he would not be supporting the proposed Ordinance amendment. Councilmember Scott commented the purpose of the original Ordinance was not to drive businesses out of the City. He stated he was offended by Ms. Meissner's comments about not visiting Arden Hills Shell as had visited both stores and in fact had visited with Ted and Jake Brausen. He explained he would be supporting the Ordinance amendment but requested clarification on the grandfather language. City Attorney Jamnik discussed the grandfathering language noting if the business were to relocate the ban would take effect. However, if the lease at the current site were renewed, the grandfather language would remain in place. Councilmember Scott stated based on this clarification he would now oppose the amendment. Mayor Grant explained he struggled with the fact this Ordinance would create winners and losers. He supported there being a level playing field for all businesses and for this reason he would not be supporting the Ordinance amendment. MOTION: Councilmember Holden moved and Councilmember e ber Scott seconded a motion to adopt Ordinance #2019-005 — Amendin Chapter 3 License and p g p , Regulations, Section 350, Subsection 350.06, Prohibited Sales and Authorize Publication of Ordinance Amendment. Councilmember Holden requested the second sentence in Section 1, Subdivision 2 be removed. i ARDEN HILLS CITY COUNCIL—JULY 8, 2019 6 AMENDMENT: Councilmember Holden moved and Mayor Grant seconded a motion to remove the second sentence in Section 1, Subdivision 2. The amendment carried 4-1 (Councilmember Holmes opposed). AMENDMENT: Councilmember Holden moved and Councilmember McClung seconded a motion to amend Section 1, Subdivision 2 in the first line, stating after December 31,2019, no person shall sell or offer sale of any flavored product. The amendment carried (5-0). The amended motion carried (5-0). 10. UNFINISHED BUSINESS None. 11. COUNCIL COMMENTS Councilmember Scott thanked the Lake Johanna Fire Department for supporting the recent kids on bikes parade. Councilmember Scott stated on Wednesday, July 10, 2019 the Ramsey County Sheriff's Department would be hosting a Hot Dog with a Deputy event at Perry Park at 5:00 p.m. Councilmember McClung thanked the Lake Johanna Fire Department for their efforts during a recent house fire. Councilmember McClung encouraged the Public Works Director to visit Amble Road as there was debris along the roadway. Councilmember Holmes stated the Council approved the purchase of cable equipment upgrades. She explained she looked forward to these upgrades being completed. Councilmember Holden commented she received an email on fences that were encroaching on City trails and forwarded this email to staff. Councilmember Holden requested staff speak with Ramsey County regarding the yard waste site noting the potholes on the roadway were difficult to traverse. Councilmember Holden congratulated International Paper on 50 years in the City of Arden Hills. Councilmember Holden reported she attended the League of Minnesota Cities Conference and discussed the ideas that were shared at this event. ARDEN HILLS CITY COUNCIL—JULY 8, 2019 7 Mayor Grant indicated the City of Blaine has been seeking a new City Manager and reported former Arden Hills City Administrator Michelle Wolfe had been hired. ADJOURN MOTION: Councilmember Holden moved and Councilmember Holmes seconded a motion to adjourn. The motion carried unanimously(5-0). Mayor Grant adjourned the Regular City Council Meeting at 8:13 p.m. Jul Hanson David Grant Ci Clerk Mayor