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HomeMy WebLinkAbout05-13-2014 City Council Packet CITY OF OAK PARK HEIGHTS TUESDAY, MAY 139 2014 CITY COUNCIL MEETING AGENDA 7:00 P.M. 7:00 p.m. I. Call to Order/Pledge of Allegiance/Approval of Agenda Estimated times 7:05 p.m. II. Council/Staff Reports A. Mayor McComber B. Councilmember Dougherty C. Councilmember Liljegren D. Councilmember Runk E. Councilmember Swenson F. Staff • Spring Clean-up report • Recycling Award(1) 7:05 p.m. III. Visitors/Public Comment This is an opportunity for the public to address the Council with questions or concerns on issues not part of the regular agenda(Please limit comments to 3 minutes in length). 7:10 p.m. IV. Consent Agenda(RoII Call Vote) A. Approve Bills & Investments B. Approve City Council Minutes—April 22, 2014 (2) C. Adopt Resolution Adopting a Final Assessment Role for Lands Owned by Northern States Power(Xcel Energy) for the 2014 Street Reconstruction Project (3) D. Authorize Staff to Hire Recommended Park Attendants (4) E. Adjust the May 27h City Council Meeting Start Time from 7 p.m. to 6 p.m. (5) F. Approve License to Sell Tobacco, Tobacco Products, or Tobacco Related Devices for Oak Park Smoke Shop, Inc. (6) G. Approve On-Sale Liquor License for Lo, Inc. DBA Joseph's Family Restaurant (7) 7:15 p.m. V. Public Hearings None 7:20 p.m. VI. Old Business A. St. Croix River Crossing Project 7:30 p.m. VII. New Business A. Resolution Recognizing Officer Kropidlowski (S) B. Consider Action of Support of the City of Stillwater Relating to the STH 36 Access Way to/from the North Frontage Roadway (9) C. Consider Amendments to City Ord. 149—Cigarette Licensing (10) D. Consider Fireworks Contribution to Stillwater for 2014 0 of July Fireworks (11) Pagel of 38 Agenda May 13,2014 Page 2 7:40 p.m. VIII. Other Council Items or Announcements 7:45 p.m. IX. Adjournment Page 2 of 38 %PIP S. Oak Park Heights Request for Council Action 1 Meeting Date May 13, 2014 Agenda Item Recycling Award Time Req. 0 Agenda Placement Staff Revorts Originating Department/Requestor Ad rW- ation/Jennifer Pinski Requester's Signature Action Requested Receive Information Background/Justification(Please indicate any previous action has been taken or if other public bodies have been advised). See Attached. Page 3 of 38 ` City of Oak Park Hei hts 14168 Oak Park Blvd. N•Box 2007 9 Oak Park Heights,MN 55082•Phone(651)439-4439.Fax(651)439-0574 May 9, 2014 Jim Kremer 5475 Oakgreen Place North Oak Park Heights, MN 55082 Dear Jim: Thank you for participating in the City's recycling program. As an incentive to recycle and to increase fire prevention awareness, the City rewards two residents each month with their choice of an award of $25.00 or a fire extinguisher and/or smoke detector(s), Your residence was checked on Thursday, May 8, 2014, to determine if you had your recycling bin out with your regular garbage. Your recycling was out and ready for collection; therefore, you are one of this month's winners. Please contact me at 439-4439 to let me know your choice of award. On behalf of the Oak Park Heights City Council, thank you for participating in the City's recycling program. Congratulations! t fer Pinski Deputy Clerk TREE CITY U.S.A. Page 4 of 38 i Oak Park Heights 2 Request for Council Action Meeting Date May 13, 2014 Agenda Item Approve City Council Minutes—April 22, 2014 Time Req. 0 Agenda Placement Consent Originating Department/Requestor Administration/Jennifer Pinski Requester's Signatur Action Requested Approve Background/Justification(Please indicate any previous action has been taken or if other public bodies have been advised). See Attached. Page 5 of 38 CITY OF OAK PARK HEIGHTS TUESDAY, APRIL 22, 2014 CITY COUNCIL MEETING MINUTES I. Call to Order/Pledge of Allegiance/Approval of Agenda: Mayor McComber called the meeting to order at 7:10 p.m. Present: Councilmembers Dougherty, Runk, and Swenson. Staff present: City Administrator Johnson, City Attorney Vierling, Finance Director Caruso, and Public Works Director Kegley. Absent: Councilmember Liljegren, City Engineer Long, and City Planner Richards. Mayor McComber added three items to the Agenda: "Consider Final Resolution on 2014 Bond Sale— Street Reconstruction"as Old Business Item D., "Award Playful Cities Build— St. Croix Recreation Design, Grant Application and Allocation of Grant Matching Funds—Kaboom/Playful Cities Community Build Playground Grant" as Old Business Item E., and"Consider Additional Pedestrian Crossing Signals at Nova Scotia Ave and 58th Street" as Old Business Item F. Mayor McComber removed Old Business Item B. from the Agenda. Councilmember Swenson, seconded by Councilmember Dougherty,moved to approve the Agenda as amended. Carried 4-0. II. Council/Staff Reports: A. Manor McComber: She reported that the Parks Commission met on April 21 and will be doing park walkthroughs over the next few weeks; the next Parks Commission meeting was set for May 21 at 7:00 p.m.; she will be attending the Minnesota Mayor's Association Conference on April 25; and the St. Croix Prayer Breakfast was scheduled for May 1. B. Councilmember Dougherty: He reported the Area E neighborhood meeting for the Street Reconstruction Project was set for 6:00 p.m. on April 24 at Cover Park. C. Councilmember Liljegren: Absent. D. Councilmember Rank: No report. E. Councilmember Swenson: He reported the Cable Commission's next meeting was set for May 7. F. Staff: City Administrator Johnson provided park sign infonnation to the City Council. He stated the Parks Commission preferred the design from Openwood Studios. Mayor McComber reported that Spring Clean-up was set for May 3 from 7:30 a.m. — 1:00 p.m. Page 6 of 38 City Council Meeting Minutes April 22, 2014 Page 2 of 3 Deputy Clerk Pinski reported that John and Lisa Dwyer of 5680 Newberry Avenue and Mrs. Wesley Underhill of 14508 57th Street North were chosen as the recycling award winners for the month of April. III. Visitors/Public Comment: None IV. Consent Agenda: A. Approve Bills& Investments B. Approve City Council Minutes—April 8, 2014 C. Authorize the Access Agreement with Sprint at Water Tower#2 D. Adopt Sign Retroreflective Maintenance Policy E. Approve Resolution Proclaiming June 10, 2014 as a"Play Day" in the City of Oak Park Heights F. Approve Contract for American Engineering and Testing for Street Reconstruction Testing Consultant Councilmember Runk, seconded by Councilmember Dougherty,moved to approve the Consent Agenda. Roll call vote taken. Carried 4-0. V. Public Hearings: A. Audit Report—Presentation by David Mol: David Mol, the City's Auditor, provided a presentation on the audit review for 2013. He reported a clean opinion on financial statements, one item of internal controls relating to an audit adjustment, and no items of compliance noted. Councilmember Swenson, seconded by Councilmember Runk, moved to accept the report. Carried 4-0. Councilmember Swenson, seconded by Councilmember Runk, moved to close the Public Hearing. Carried 4-0. VI. Old Business: A. St. Croix River Crossing Proi ect: Nothing to report. B. REMOVED FROM AGENDA C. Authorize Temporary Public Works Position Hire: Councilmember Swenson, seconded by Councilmember Dougherty, moved to authorize the position hire. Carried 4-0. Page 7 of 38 City Council Meeting Minutes April 22, 2014 Page 3 of 3 D. Consider Final Resolution on 2014 Bond Sale—Street Reconstruction: Steve Mattson of Northland Securities provided the City Council with a spreadsheet. Councilmember Runk, seconded by Councilmember Dougherty, moved to approve the Resolution as presented. Roll call vote taken. Carried 4-0. E. Award Playful Cities Build— St. Croix Recreation Design, Grant Application and Allocation of Grant Matching Funds—Kaboom/Pla-)fpl Cities Community Build Playground Grant: Councilmember Dougherty, seconded by Councilmember Swenson,moved to award the build to St. Croix Recreation and approve the application and allocation of grant funds. Carried 4-0. F. Consider Additional Pedestrian Crossing Signals at Nova Scotia Ave and 58a' Street: Councilmember Runk, seconded by Councilrnernber Dougherty, moved to direct staff to secure two quotes and bring them back to a fixture meeting. Carried 4-0. VII. New Business: None VIII. Other Council Items or Announcements None IX. Adiournment Councilmember Swenson, seconded by Councilmember Runk, moved to adjourn at 7:35 p.m. Carried 4-0. Respectfully submitted, Approved as to Content and Form, Jennifer Pinski Mary McComber Deputy Clerk Mayor Page 8 of 38 3 SO S Oak Park Heights Request for Council Action Meeting Date MAY 13"', 2014 Time Required: I MINUTE Agenda item Title: ADOPT RESOLUTION PT A. FINAL ASSESSMENT ROLE FOR LANDS OWNED BY NORTHERN STATES_POWER,_LXCEL ENERGY FOR THE 2014 STREET RECONSTRUCTION PROJECT Agenda Placement CONSE BEN Originating Departrnen questor: SON CITY ADMINISTRATOR Requester's Signature Action Requested rOPT//RESOLUTION ADOPTING A FINAL ASSESSMENT ROLE FOR Li&DS OWNED BY NORTHERN STATES POWER, CEL ENE FOR THE 2014 STREET RECONSTRUCTION PROJECT Background/Justification(Please indicate if any previous action has been taken or if other public bodies have advised): At the May 8rh 2014 City Council meeting the City Council, due to the volume and complexity of the parcels involved, did defer the discussion of the Xcel Energy street assessments until such time as Staff could better communicate with Xcel Energy staff on possible impacts and possible objections. At this time, Staff would believe the enclosed resolution,in draft form, would be acceptable to the City Council and Xcel Energy. Page 9 of 38 RESOLUTION A RESOLUTION ADOPTING A FINAL ASSESSMENT ROEL FOR LANDS OWNED BY NORTHERN STATES POWER, (XCEL ENERGY) FOR THE 2014 STREET RECONSTRUCTION PROJECT Whereas the City of Oak Park Heights has recently adopted a final assessment roll for the 2014 Street Reconstruction Project totaling approximately$768,000 in total Street Assessments, and; Whereas the City Council did continuee---pt from initial consideration and incorporation into such assessment role certain properties own by Xcel Energy listed below until such time as the City staff and Xcel Energy could resole te positions on anticipated property values and benefits rendered as a result of the improvement project,a °�� °"* °�*� , and; XCEL ENERGY PROPERTY PROPOSED ASSESSMENTS Initial Final OLD# NEW# PARCEL DESCRIPTION STREET FOOTAGE RATE ASSESSMENT PROPOSED 16 58 0302920130005A FRONTAGE PELLER 109.09 $36.02 $3,929,42 $ 3,929.42 $ 1,96431 17 63 0302920210005B FRONTAGE PELLER 109.11 $36.02 $3,930.14 $ 3,930.14 $ 1,965.07 17 64 03029202100056 FRONTAGE PENROSE 109.24 $36.02 $3,934.82 $ 3,934.82 $ 1,967.41 18 65 0302920210005C FRONTAGE PENROSE 102.18 $36.02 $3,680.52 $ 3,680.52 $ 1,840.26 19 67 OW2920210006A FRONTAGE PELLER 89.55 $36.02 $3,225.59 $ 3,500.00 $ 1,750.00 20 68 0302920210006B FRONTAGE PENROSE 89.24 $36.02 $3,214.42 $ 3,214.42 $ 1,607.21 20 69 03029202100068 FRONTAGE PELLER 89.11 $36.02 $3,209.74 $ 3,209,74 $ 1,604.87 21 70 03029202100060 FRONTAGE PENROSE 88.74 $36.02 $3,196.41 $ 3,500.00 $ 1,750.00 22 60 0302920130019 FRONTAGE UPPER 56TH 171.47 $36.02 $6,176.35 $ 6,176.35 $ 1,000.00 23 66 0302920210005E FRONTAGE PENFIELD 46.38 $36.02 $1,670.61 $ 3,500.00 $ 1,750.00 24 59 0302920130005D FRONTAGE PENFIELD 99.00 $36.02 $3,565.98 $ 3,565.98 $ 500.00 25 73 0302920240011A FRONTAGE PELLER 49.99 $36.02 $1,800.64 $ 3,500.00 $ 1,750,00 26 74 030292024001113 FRONTAGE PELLER AND PENROSE 99.98 $36.02 $3,601.28 $ 3,601.28 $ 1,800.64 27 61 0302920130030 FRONTAGE PERKINS 139.51 $36.02 $5,025.15 $ 5,025.15 $ 2,512.58 28 62 0302920130031 FRONTAGE PERKINS 139.20 $36.02 $5,013.98 $ 5,013.98 $ 750.00 29 71 0302920210067 15314 58TH 5T N 79.02 $36.02 $2,846.30 $ 3,500.00 $ 3,500.00 30 72 0302920210072 15325 58TH ST N 118.04 $36.02 $4,251.80 $ 4,251.80 $ 4,251.80 Total $ 67,033.62 $ 3Z264.55 Whereas somey of these properties are encumbered with overhead high-voltage transmission lines, are not buildable and in othersome situations the assessed value of the lands would fall below the proposed assessment, and; Whereas the City has received agreementea pie from Xcel Energy that would favorably allocate a final Proposed Assessment on such lands totaling$32,264.55 upon such lands precluding possible future disputes and unnecessary expense for both Xcel and the City. THEREFORE,BE IT NOW RESOLVED by the City Council for the City of Oak Park Heights that the above parcels so owned by Xcel Energy shall be assessed a total of$32,364.55 and as individually as listed. BE IT FURTHER RESOLVED by the City Council of the City of Oak Park Heights, Minnesota, as follows: Page 10 of 38 1. The Assessment Roll for these parcels so listed is accepted and shall constitute the special assessments against the parcels named therein, and each tract of land therein included is found to be benefited by the Improvements in the amount of the Assessment levied against it. 2. Such Assessments shall be payable in equal annual installments over a period of 10 years, with the first of the installments to be payable on or after the first Monday in January 2015, and shall bear interest at the rate of 4.5% per annum from the date of the adoption of this Resolution. To the first installment shall be added interest on the entire Assessment from the date of this Resolution until December 31, 2014. To each subsequent installment when due interest shall be added for one year on all unpaid installments. 3. The owner of the property, at any time prior to certification of the assessment to the Washington County Property Records and Taxpayer Services Department, pay the whole of the Assessment on such property to the City, with interest accrued to the date of payment. No interest will be charged if the entire Assessment is paid within 30 days from the adoption of this Resolution. At any time thereafter, an owner may pay to the City the entire amount of the Assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 4. The City Administrator shall forthwith transmit a certified duplicate of these additional assessments as part of the final approved assessment roll to the Washington County Property Records and Taxpayer Services Department to be extended on the property tax lists of Washington County. Such Assessments shall be collected and paid over in the same manner as other municipal taxes. This Resolution is adopted by the City Council of the City of Oak Park Heights, Minnesota, this 13th day of May 2014. Mary McComber, Mayor ATTEST: Eric Johnson, City Administrator Page 11 of 38 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 12 of 38 Oak Park Heights Request for Council Action 4 Meeting Date: Tuesday May 2014 Agenda Item : Park Attendant Hire Time Req. 1 Minute Agenda Placement: Consent Originating Department/Request Public Works, Andy Kegley Public_Works Director Requester's Signature Action Requested: Authorize_staff to hire recommended candidates for 2014 park season Background/Justification(Please indicate any previous action has been taken or if other public bodies have been advised). Please see attached memo. Page 13 of 38 City of Oak Park Heights 14168 Oak Park Blvd N..Box 2007.Oak Park Heights,MN 55082•Phone(651)439-4439• Fax 439-0574 Memorandum Tv: Eric Johnson,Administrator p�1� From: Andrew Kegley, Public Works Director f Date: 05/07/14 Re: Park Attendant Hire for 2014 Season The City advertised for park attendants with ads running in the Stillwater Gazette at least two (2) times. The City received six applications for the open positions. Two of the applicants are prior park staff and their experience will be beneficial to the department. I recommend hiring the following candidates: John Sortedahl Zach Jelinek Greg Coleman Allison Guild Sara Rowe Typically staff would recommend candidates to the park commission and seek support for the recommendation to Council; however meeting schedules are such that the typical Memorial Day park opening date falls before the park commission,but after the following Council meeting. All background checks are complete. Park workers will begin work on or around May 19th Therefore it is requested that Council authorize staff to hire the aforementioned candidates as 2014 park attendants. TREE CITY U.S.A. Page 14 of 38 5 Oak Park Heights Request for Council Action Meeting Date May 13," 2014 Time Required: 1 Minutes Agenda Item Title: Adjust the May 27th Ci y Council Meetina Start Time from 7 pm to 5 m Agenda Placement Consent Agenda Originating Department/Requ or/ ' J son Ci Administrator Requester's Signature Action Requested A May 27'h City Council Meeting Start Time from 7 pin to 6 m Background/Justification(Please indicate if any previous action has been taken or if other public bodies have advised): Due to a time conflict, Mayor McCombcr has requested if the City Council was amenable to adjust he May 27th City Council meeting start time from 7 pm to 6 pm. Page 15 of 38 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 16 of 38 Oak Park Heights 6 Request for Council Action Meeting Date May 13, 2014 Agenda Item Approve License to Sell Tobacco,Tobacco Products, or Tobacco Related Devices for Oak Park Smoke Shop, Inc. Time Req. 0 Agenda Placement Consent Originating Department/Requestor Administration/Jennifer Pinski Requester's Signature Action Requested Approve License Background/Justification(Please indicate any previous action has been taken or if other public bodies have been advised). Amal Abu Sarah DBA Oak Park Smoke Shop, Inc. has made application for a license to sell tobacco, tobacco products, or tobacco related devices for Oak Park Smoke Shop, Inc. to be located at 13481 60th Street North, Suite 300. This file has been reviewed by City Attorney Vierling. I recommend approval of the license application. Page 17 of 38 To whom it may concern, In the coming months we hope to open and operate a retail tobacco store in the city of Oak Park Heights. We have identified a vacant street-level unit at 1348160th Street(attached to Stillwater Family Dental), as an ideal location for our retail store. This letter has been drafted in order to shed light on our intentions for the city of Oak Park Heights and accompanies an application for a tobacco license. Upon opening, our store hours would be: 9 a.m. to 8 p.m. Mon-Fri 9 a.m.to 7 p.m. Sat 10 a.m.to 5 p.m. Sun During those hours, we will not permit any persons under the age of 18. Furthermore, smoking or sampling will not be permitted in the store or directly outside of the premises. Our primary products at the shore would be traditional tobacco products, pipe tobacco and cigarettes as well as electronic cigarettes. In addition,we intend on selling tobacco accessories such as, but not limited to, lighters, cigarette rolling machines, pipes, hookahs, electronic cigarette batteries, tanks and refills. Prior to opening our new location, we plan on coordinating with the landlord to install tile, a drop ceiling and dry wall. A rough outline of our retail location has also been included to better illustrate our plans. Signage will also be added to the building fagade, stand-alone sign and windows. Thank you, Page 18 of 38 Oak Park Heights 7 Request for Council Action Meeting Date May 13, 2014 Agenda Item Approve On-Sale Liquor License for Lo Inc. DBA Joseph's Family Restaurant Time Req. 0 Agenda Placement Consent Originating Department/Requestor Administration/Jennifer Pinski Requester's Signature Action Requested Approve License Background/Justification(Please indicate any previous action has been taken or if other public bodies have been advised). Lo, Inc. DBA Joseph's Family Restaurant has made an application for a liquor license at 14608 60`b Street North. The Police Department has conducted a background check, and the City Attorney's office has completed the background investigation. I request that the City Council approve the license. Page 19 of 38 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 20 of 38 Oak Park Heights 8 Request for Council Action Meeting Date: May 13, 2014 Time Required: 2 min Agenda Item Title: Resolution recognizing Officer Kropidlowski Agenda Placement: New Business Originating Department/Requestor: Oak Park Heights Police Dept., Chief Brian DeRosier Requester's Signature Action Requested: Resolution recognizing Officer Kropidlowski Background/Justification: Officer Kropidloswki has announced his retirement from employment with the City of Oak Park Heights effective May 30, 2014. I request approval of the attached resolution recognizing him for his employment with the city. I also request approval of the expenditure of funds to provide the customary retirement"coffee and cake"and police memorabilia of service presentation. Page 21 of 38 RESOLUTION NO. CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION RECOGNIZING THE CONTRIBUTIONS OF OFFICER FRED KROPIDLOSKI WHEREAS; Fred Kropidlowski has served the City of Oak Park Heights from 1993 to 2014; and WHEREAS; Fred Kropidlowski was a consistently friendly voice in patrolling the City answering a wide variety of calls from residents and businesses; and WHEREAS; during this period, Fred Kropidlowski respectfully served all the citizens of Oak Park Heights in an outstanding and professional manner while assigned to the positions of Patrolman, Investigator, and School Resource Officer WHEREAS; Fred Kropidlowski's professionalism and dedication to the responsibilities to the position of police officer have brought credit upon himself and the City of Oak Park Heights; and WHEREAS; the City Council of City of the Oak Park Heights recognizes the dedication and contributions of Fred Kropidlowski in making this community a wonderful place to work and reside in. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Oak Park Heights recognizes and commends Fred Kropidlowski for his 20 years of service, dedication and commitment to the citizens of the City of Oak Park Heights. Passed by the City Council of the City of Oak Park Heights this 13th Day of May 2014. Mary McComber, Mayor ATTEST Eric Johnson City Administrator Page 22 of 38 Oak Park Heights 9 Request for Council Action Meeting Date May 13`t` 2014 Time Required: 5 minutes Agenda Item Title. Consider Action of Su ort of the Ci of Stillwater Relating to the STH _ .. - -- - -. ......__ - __ .. 36 Access way to/from.the North Frontage Roadway Agenda Placement New Busin Originating Department/Requestoi 'c Johnson City Administrator Requesters Signature Action Requested "Consider,Resolution Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): On May 15`, 2014 Mr. Joe Kohler of Joseph's Restaurant invited area governmental officials and local businesses to attend a meeting to discuss the concept of keeping the STH 36 access way to/from the north frontage roadway open. Much of that discussion focused on the MNDOT position that it was "unsafe" and not a true long-term solution and should be closed. And,that MNDOT hoped that with frontage road realignment that this access way would not be needed. (There have been no known reported traffic accidents for the preceding 12 months—per Stillwater Police Reports) Accordingly, a number of businesses have expressed interest to keep this access-way open. This area is located in the City of Stillwater. On May 5"2014 the Stillwater City Council did pass an action of support of the concept of keeping this access way open and would be forwarded to MNDOT.-See attached.--- (to be provided at meeting) At this time, the City Council may desire to pass a similar action that would support this position by the City of Stillwater and to keep this access way open. Staff has drafted a proposed resolution for Council consideration—see attached. Page 23 of 38 { RESOLUTON A RESOLUTION OUTLMINGISPECIFIC CITY SUPOPRT FOPR THE CONTINUATION OF THE STH 36 ACCESSWAY FROM THE NROTH FRONTAGEROADWAY BETWEEN OSGOOD AVE AND OAKGREEN AVE. Whereas,there has long been a direct access way both onto and from westbound STH 36 along the North Frontage Roadway, located in the City of Stillwater,and; '?LJcseph s a f`-i ,, ,,, Fred s Tiro ice: 1 — p. ,1. ,- ACCESSWAY i IA ' + lio ! ;>.s 1y LUI.A:Li iI.1 DRAFT Whereas, many of the businesses in the vicinity (lying both in Stillwater and Oak Park heights) rely on this access way to ensure the traveling public have viable and clear access to such businesses, and; Whereas the Minnesota Department of Transportation (MNDOT)have proposed to permanently close off this access way citing safely reasons and that a fixture frontage road re-alignment would better serve the area, however there have not known to have been incidences of traffic accidents at this access way nor known to be related to this access way,and; Whereas multiple businesses have expressed concerns with this plan and object to the MNDOT proposal to close such access way and that the frontage roadway re-route is not a meaningful alternative,and; THEREFORE, BE IT NOW RESOLVED, THAT the City Council for the City of Oak Park Heights does express its support for the City of Stillwater's recent action and communication to MNDOT and that the access way be reinstalled with the STH 36 reconstruction. BE IT FURTHER RESOLVED THAT if future traffic conditions demonstrate a clear need to revisit the access way viability that the City Council would support that discussion including the possibility of the access way closure. Passed by the City Council;for the City of Oak Park Heights this 13th day of May 2014 Mary McComber,Mayor Attest: Eric Johnson,City Administrator Page 24 of 38 10 Oak Park Heights Request for Council Action Meeting Date May 13", 2014 Time Required: S Minutes Agenda Item Title: Consider Amendments to City Ord. 1409--Cigarette Licensing_ Agenda Placement New Busines Originating Department/Re stor Li'r'e' hnson Ifffty Administrator F Requester's Signature Action Requested risculls"S�,iion, ossible action Background/Justification(Pl a indicate if any previous action has been taken or if other public bodies have advised): To respond to a growing trend throughout Minnesota with tobacco shops becoming "sampling" locations, where one can test or sample various [product, the City Council may wish to consider certain ordinance amendments that would preclude such activity. In essence,tobacco shops could certainly sell products, but on-site sampling would be prohibited. Please see the enclosed memo from the City Attorney and proposed City Ordinance Amendments to Ord. 1409 Page 25 of 38 ECKBER.Gs"o 1h, LAMMER.S i A 1 T O R h E 1 S A] LAW �� - -- -.---_ .--- ------- --- ---._— --- Writer's Direct filial: Stillwater Office: (651)351-2118 1809 Northwestern Avenue Stillwater, Minnesota 55082 Writer's E-mail: (651)439-2878 mvierlingQecktterglammers.com Fax(651)439-2923 April 25, 2014 Hudson Office: 430 Second Street Hudson,Wisconsin 54016 Eric Johnson, City Administrator Brian DeRosier, Police Chief (715)386-3733 City of Oak Park Heights City of Oak Park Heights Police Dept. Fax(715)386-5455 P.O. Box 2007 P,O. Box 2007 www,eckberglammers.com Oak Park Heights, MN 55082 Oak Park Heights, MN 55082 Re: City gf'Oak Park Heights---City Ordinance Chapter 1404, Cigarette Licensing Our File No.: 01501-00545 Dear Eric and Brian, Upon reviewing recent applications for cigarette and related product sales(i.e.cigarettes,hookahs,etc.), I am suggesting that the City Ordinances be amended to add at least two (2)provisions; they being as follows: l. A provision restricting smoking or sampling a product from occurring inside a licensed facility, providing specifically: "Notwithstanding any exceptions for tobacco product shops as set forth in the Minnesota Indoor Clean Air Act, no licensee shall directly or indirectly permit smoking or use of their sale products in and upon the licensed premises. All licensees udder this chapter shall be responsible for the actions of their employees and patrons in regard to any smokuig or consumption in and upon the licensed premises." I am also suggesting that definitional sections be added to the Ordinance,providing as follows: "Tobacco Related Devices. Shall include any tobacco product,as well as any liquid containing nicotine,pipes, rolling papers, or other device reasonably designed and/or intended to be used in a manner in which enables the consumption by way of chewing,sniffing,smoking,or inhaling of tobacco or tobacco products." FCKDERC,. LAMNIF.R.S. BRIGGS. WC)I,FF & VIERLING. PLLP F,mily Law Divorce • 8u.Hess and Co r,:rrrio L,w, • Ci ir•ru,al Law Pets<)nal Inlury Wrongful Death Estate Planrung Protsate • Real F,ltitr, • L<<.,l U ., La,. • Mr1e J-ztirn Muninpal Ldv. • Cwil Litigation Page 26 of 38 April 25, 2014 Page 2 "TOBACCO"OR TOBACCO PRODUCTS: tobacco and tobacco products includes cigarettes and any product containing, made, or derived from tobacco that is intended for human consumption,whether chewed;smoked, absorbed,dissolved,inhaled,snorted,sniffed,or ingested by any other means, or any component, part, or accessory of a tobacco product; cigars; pipe tobacco;snuff,fine cut or other chewing tobacco;cheroots;stogies;perique; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff flour; cavendish; shorts; plug and twist tobaccos; dipping tobaccos; refuse scraps,clippings,cuttings,and sweepings of tobacco,and other kinds or forms of tobacco. Tobacco excludes any tobacco product that has been approved by the United States food and chug administration for sale as a tobacco cessation product, as a tobacco dependence product, or for other medical purposes,and is being marketed and said solely for such an approved purpose." Although the City may not have an immediate concern with regard to the sale of new products which are coming on the market i.e. e-cigarettes, or the establishment of hookah sales, I'm sure the City would want to consider precluding such facilities from hosting and engaging in the gathering of persons for smoking either tobacco,e-cigarettes,hookahs or other products on a daily basis. This would be intended to preclude the opportunity for the extended gathering of persons in one locale for the purpose of consumption of tobacco or tobacco related products. In any event, I thought I would make this suggestion, and see whether or not you feel it has any merit. Yours ve y, Mark . Vierling M.IV/ndf Page 27 of 38 10 Oak Park Heights Request for Council Action Meeting Date May 13", 2014 Time Required: S Minutes Agenda Item Title: Consider Amendments to City Ord. 1409--Cigarette Licensing_ Agenda Placement New Busines Originating Department/Re stor Li'r'e' hnson Ifffty Administrator F Requester's Signature Action Requested risculls"S�,iion, ossible action Background/Justification(Pl a indicate if any previous action has been taken or if other public bodies have advised): To respond to a growing trend throughout Minnesota with tobacco shops becoming "sampling" locations, where one can test or sample various [product, the City Council may wish to consider certain ordinance amendments that would preclude such activity. In essence,tobacco shops could certainly sell products, but on-site sampling would be prohibited. Please see the enclosed memo from the City Attorney and proposed City Ordinance Amendments to Ord. 1409 Page 25 of 38 ECKBER.Gs"o 1h, LAMMER.S i A 1 T O R h E 1 S A] LAW �� - -- -.---_ .--- ------- --- ---._— --- Writer's Direct filial: Stillwater Office: (651)351-2118 1809 Northwestern Avenue Stillwater, Minnesota 55082 Writer's E-mail: (651)439-2878 mvierlingQecktterglammers.com Fax(651)439-2923 April 25, 2014 Hudson Office: 430 Second Street Hudson,Wisconsin 54016 Eric Johnson, City Administrator Brian DeRosier, Police Chief (715)386-3733 City of Oak Park Heights City of Oak Park Heights Police Dept. Fax(715)386-5455 P.O. Box 2007 P,O. Box 2007 www,eckberglammers.com Oak Park Heights, MN 55082 Oak Park Heights, MN 55082 Re: City gf'Oak Park Heights---City Ordinance Chapter 1404, Cigarette Licensing Our File No.: 01501-00545 Dear Eric and Brian, Upon reviewing recent applications for cigarette and related product sales(i.e.cigarettes,hookahs,etc.), I am suggesting that the City Ordinances be amended to add at least two (2)provisions; they being as follows: l. A provision restricting smoking or sampling a product from occurring inside a licensed facility, providing specifically: "Notwithstanding any exceptions for tobacco product shops as set forth in the Minnesota Indoor Clean Air Act, no licensee shall directly or indirectly permit smoking or use of their sale products in and upon the licensed premises. All licensees udder this chapter shall be responsible for the actions of their employees and patrons in regard to any smokuig or consumption in and upon the licensed premises." I am also suggesting that definitional sections be added to the Ordinance,providing as follows: "Tobacco Related Devices. Shall include any tobacco product,as well as any liquid containing nicotine,pipes, rolling papers, or other device reasonably designed and/or intended to be used in a manner in which enables the consumption by way of chewing,sniffing,smoking,or inhaling of tobacco or tobacco products." FCKDERC,. LAMNIF.R.S. BRIGGS. WC)I,FF & VIERLING. PLLP F,mily Law Divorce • 8u.Hess and Co r,:rrrio L,w, • Ci ir•ru,al Law Pets<)nal Inlury Wrongful Death Estate Planrung Protsate • Real F,ltitr, • L<<.,l U ., La,. • Mr1e J-ztirn Muninpal Ldv. • Cwil Litigation Page 26 of 38 April 25, 2014 Page 2 "TOBACCO"OR TOBACCO PRODUCTS: tobacco and tobacco products includes cigarettes and any product containing, made, or derived from tobacco that is intended for human consumption,whether chewed;smoked, absorbed,dissolved,inhaled,snorted,sniffed,or ingested by any other means, or any component, part, or accessory of a tobacco product; cigars; pipe tobacco;snuff,fine cut or other chewing tobacco;cheroots;stogies;perique; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff flour; cavendish; shorts; plug and twist tobaccos; dipping tobaccos; refuse scraps,clippings,cuttings,and sweepings of tobacco,and other kinds or forms of tobacco. Tobacco excludes any tobacco product that has been approved by the United States food and chug administration for sale as a tobacco cessation product, as a tobacco dependence product, or for other medical purposes,and is being marketed and said solely for such an approved purpose." Although the City may not have an immediate concern with regard to the sale of new products which are coming on the market i.e. e-cigarettes, or the establishment of hookah sales, I'm sure the City would want to consider precluding such facilities from hosting and engaging in the gathering of persons for smoking either tobacco,e-cigarettes,hookahs or other products on a daily basis. This would be intended to preclude the opportunity for the extended gathering of persons in one locale for the purpose of consumption of tobacco or tobacco related products. In any event, I thought I would make this suggestion, and see whether or not you feel it has any merit. Yours ve y, Mark . Vierling M.IV/ndf Page 27 of 38 1409 AN ORDINANCE RELATING TO THE SALE, POSSESSION, AND USE OF TOBACCO, TOBACCO PRODUCTS,AND TOBACCO RELATED DEVICES IN THE CITY AND TO REDUCE THE ILLEGAL SALE,POSSESSION,AND USE OF SUCH ITEMS TO AND BY MINORS. THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS DOES HEREBY ORDAIN AS FOLLOWS: 1409.010 Purpose. Because the City recognized that many persons under the age of eighteen(18) years purchase or otherwise obtain,possess,and use tobacco, tobacco products, and tobacco related devices, and because studies,which the City hereby accepts and adopts, have shown that most smokers begin smoking before they have reached the age of eighteen(18)years and those persons who reach the age of eighteen(18)years without having started smoking are significantly less likely to begin smoking; and because smoking has been shown to be the cause of several serious health problems which subsequently place a financial burden on all levels of government; this Ordinance shall he intended to regulate the sale,possession, and use of tobacco, tobacco products, and tobacco related devices for the purpose of enforcing and furthering existing laws,to protect minors against the serious effects associated with the illegal use of tobacco, tobacco products, and tobacco related devices, and to further the official public policy of the State of Minnesota in regard to preventing young people from starting to smoke,as stated in Minn. Stat. =144.391. 1409.020 Definitions and Interpretations. Except as otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions. The singular shall include the plural and the plural shall include the singular. The masculine shall include the feminine and neuter, and vice-versa. The term"shall"means mandatory and the term "may"means permissive. The following terms shall have the definitions given to them: A. "Tobacco"or"Tobacco Products" means any substanee or-item eentaining ' 'The City of Oak Park Heights has relied upon the following sources: Preventing Tobacco Use Among Young People, A Report of the Surgeon General; Youth Access to Tobacco - SuMMM Points, Youth and Elders Against Tobacco Use; Stillwater Area School District Cigarette Use Permits, Youth Access to Tobacco, Minnesota Assist; Tobacco Sales to Youth and Nicotine Addiction in Adolescence, both by the Centers for Disease Control and Prevention. I Page 28 of 38 1409 AN ORDINANCE RELATING TO THE SALE, POSSESSION, AND USE OF TOBACCO, TOBACCO PRODUCTS,AND TOBACCO RELATED DEVICES IN THE CITY AND TO REDUCE THE ILLEGAL SALE,POSSESSION,AND USE OF SUCH ITEMS TO AND BY MINORS. THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS DOES HEREBY ORDAIN AS FOLLOWS: 1409.010 Purpose. Because the City recognized that many persons under the age of eighteen(18) years purchase or otherwise obtain,possess,and use tobacco, tobacco products, and tobacco related devices, and because studies,which the City hereby accepts and adopts, have shown that most smokers begin smoking before they have reached the age of eighteen(18)years and those persons who reach the age of eighteen(18)years without having started smoking are significantly less likely to begin smoking; and because smoking has been shown to be the cause of several serious health problems which subsequently place a financial burden on all levels of government; this Ordinance shall he intended to regulate the sale,possession, and use of tobacco, tobacco products, and tobacco related devices for the purpose of enforcing and furthering existing laws,to protect minors against the serious effects associated with the illegal use of tobacco, tobacco products, and tobacco related devices, and to further the official public policy of the State of Minnesota in regard to preventing young people from starting to smoke,as stated in Minn. Stat. =144.391. 1409.020 Definitions and Interpretations. Except as otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions. The singular shall include the plural and the plural shall include the singular. The masculine shall include the feminine and neuter, and vice-versa. The term"shall"means mandatory and the term "may"means permissive. The following terms shall have the definitions given to them: A. "Tobacco"or"Tobacco Products" means any substanee or-item eentaining ' 'The City of Oak Park Heights has relied upon the following sources: Preventing Tobacco Use Among Young People, A Report of the Surgeon General; Youth Access to Tobacco - SuMMM Points, Youth and Elders Against Tobacco Use; Stillwater Area School District Cigarette Use Permits, Youth Access to Tobacco, Minnesota Assist; Tobacco Sales to Youth and Nicotine Addiction in Adolescence, both by the Centers for Disease Control and Prevention. I Page 28 of 38 granulated, plug out, crimp „t e_ready nabbed, and „ tier r eki ..tobaGee , snuff flowers; eavendish; shefts; plug and twist tebaeees; di. I" - z other kinds and fefans elf le f prepared in s4ueh M as to h suitable for-,.l,o, ing a ".,;frg s " oki • "tobacco" and "tobacco products" includes cigarette and any product containing, glade or derived from tobacco that is intended for human consumption, whether chewed, smoked, absorbed dissolved, inhaled snorted, sniffed or ingested by any other means or and component, part, or accessoEy of a tobacco product; cigars, pipe tobacco, snuff; fine cut or other chewing tobacco; cheroots; stogies; perique-, granulated, plug cut, crimp cut, ready-rubbed, and other smoking tobacco; snuff flour; cavendish; shorts; plug and twist tobaccos; dipping tobaccos; refuse scraps; clippings; cuttings and sweepings of tobacco; and other kinds and forms of tobacco. Tobacco excludes any tobacco product that has been approved by the United State Food and Drug Administration for sale as a tobacco cessation product, as tobacco dependence product or for other medical purposes and is being marketed and solely for such approved purpose B. "Tobacco Related Devices"means any tobacco product,as well as any liquid containing nicotine,a pipes, rolling papers, or other device reasonably designed to be used in a manner which enables the the consumption by way of chewing, sniffing, smoking, or inhalin_g of tobacco or tobacco products. C. "Self-Service Merchandising"means open displays of tobacco,tobacco products, or tobacco related devices in any way where any person shall have access to the product without the assistance or intervention of an employee of the premises maintaining the self-service merchandising. Self-service merchandising shall not include vending machines. D. "Vending Machine"means any mechanical,electric or electronic, or other type of device which dispenses tobacco,tobacco products, or tobacco related devices upon the insertion of money,tokens, or other form of payment directly into the machine by the person seeking to purchase the tobacco, tobacco product, or tobacco related device. E. "Individually Packaged"means the practice of selling any tobacco or tobacco product wrapped individually for sale. Individually wrapped tobacco and tobacco products shall include,but not be limited to, single cigarette packs, single bags or cans of loose tobacco in any form, and single cans or other packaging of snuff or chewing tobacco. Cartons or 2 Page 29 of 38 other packaging containing more than a single pack or other container described in this subdivision shall not be considered individually packaged. F. "Loosies"means the common term used to refer to a single or individually packaged cigarette. G. "Minor"means any natural person who has not yet reached the age of eighteen(18) years. H. "Retail Establishment'means any place of business where tobacco, tobacco products, or tobacco related devices are available for sale to the general public. Retail establishments shall include,but not be limited to, grocery stores, convenience stores, restaurants, and bars. I. "Moveable Place of Business"refers to any form of business operated out of a truck,van, automobile, or other type of vehicle or transportable shelter and not a fixed address store front or other permanent type of structure authorized for sales transactions. J. "Sale"means any transfer of goods for money, trade, barter, or other consideration. K. "Compliance Checks"mean the system the City uses to investigate and ensure that those authorized to sell tobacco, tobacco products, --d tobacco related devices are following and complying with the requirements of this Ordinance. Compliance checks may involve the use of minors as authorized by this Ordinance. 1409.030 License. No person shall sell or offer to sell any tobacco, tobacco product, or tobacco related device without first having obtained a license to do so from the City. A. Application. An application for a license to sell tobacco, tobacco products, and tobacco related devices shall be made on a form provided by the City. The application shall contain the full name of the applicant,the applicant-Ws residential and business addresses and telephone numbers, the name of the business for which the license is sought, and any additional information the City deems necessary. Upon receipt of a completed application,the City Clerk shall forward the application to the Council for action at its next regularly scheduled Council meeting. If the Clerk shall determine that an application is incomplete, he or she shall return the application to the applicant with notice of the information necessary to make the application complete. 3 Page 30 of 38 B. Action. The Council may either approve or deny the license, or it may delay action for such reasonable period of time as necessary to complete any investigation of the application or the applicant it deems necessary. If the Council shall approve the license,the Clerk shall issue the license to the applicant. If the Council denies the license, notice of the denial shall be given to the applicant along with notice of the applicant's right to appeals the Council's decision. C. Term. All licenses issued under this Ordinance shall be valid for one (1) calendar year from the date of issue. D. Revocation or Sus ension. Any license issued under this Ordinance may be revoked or suspended as provided in the Violations and Penalties section of this Ordinance. E. Transfers. All licenses issued under this Ordinance shall be valid only on the premises for which the license was issued and only for the person to whom the license was issued. No transfer of any license to another location or person shall be valid without the prior approval of the Council. F. Moveable Place of Business. No license shall be issued to a moveable place of business. Only fixed location businesses shall be eligible to be licensed under this Ordinance. G, DDisniav, All licenses shall be posted and displayed in plain view of the general public on the licensed premises. H. Renewals. The renewal of a license issued under this section shall be handled in the same manner as the original application. The request for a renewal shall be made at least thirty(30) days,but no more than sixty(60) days before thbe expiration of the current license. The issuance of a 11-cense issued under this Ordinance shall be considered a privilege and not an absolute right of the applicant and shall not entitle the holder to an automatic renewal of the license. 4 Page 31 of 38 1409.040 Fees. No license shall be issued under this Ordinance until the appropriate license fee shall be paid in full. Fees shall be set from time to time by the City Council by resolution. Fees shall be divided into two (2)classes. A Class"A"Tobacco License shall be required for any retail establishment which sells tobacco,tobacco products, or tobacco related devices in cartons or other packaging containing more than a single pack or other container as described in Section 200, Subd. 5. A Class"B" Tobacco License shall be required for any retail establishment selling only individually packaged tobacco or tobacco products wrapped_ individually for sale. 1409.050 Basis for Denial of License. The following shall be grounds for denying the issuance or renewal of a license under this Ordinance, and if a license is mistakenly issued or renewed to a person, it shall be revoked upon the discovery that the person was ineligible for the license under this Section. A. The applicant is under the age of eighteen(18)years. B. The applicant has been convicted within the past five(5)years of any violation of a Federal, State, or local law, ordinance provision, or other regulation relating to tobacco, tobacco products, or tobacco related devices. C. The applicant has had a license to sell tobacco,tobacco products, or tobacco related devices revoked, in the City or at any other place, within the preceding twelve(12)months of the date of application. D. The applicant fails to provide any information required on the application, or provides false or misleading information. E. The applicant is prohibited by Federal, State, or other local law, ordinance, or other regulation, from holding such a license. 1409.06.0 Prohibited Sales. It shall be a violation of this Ordinance for any person to sell or offer to sell any tobacco,tobacco product, or tobacco related device: A. To any person under the age of eighteen(18)years. B. By means of any type of vending machine. 5 Page 32 of 38 C. By means of self-service methods whereby the customer does not need to make a verbal or written request to an employee of a licensed premises in order to receive the -tobacco,tobacco product, or tobacco related device. D. By means of"loosies" as defined in Section 200, Subd. F of this Ordinance. E. Containing opium,morphine,jimson weed, Bella donna., strychnos, cocaine,marijuana, or other type of deleterious, hallucinogenic, or toxic or controlled substance except nicotine and not naturally found in tobacco or tobacco products. F. By any other means or to any other person,prohibited by Federal, State,or other local law, ordinance provision, or other regulation_ 1409.070 Vending_Machines. It shall be unlawful for any person licensed under this Ordinance to allow the sale of tobacco, tobacco products, or tobacco related devices by the means of a vending machine. 1409.080 Self-Service Sales. It shall be unlawful for a license under this Ordinance to allow the sale of tobacco, tobacco products, or tobacco related devices by any means whereby the customer may have access to such items without having to request the item from the licensee or the licensee's employee. All tobacco,tobacco products,or tobacco related devices shall be stored behind a counter or other area not freely accessible to customers. 1409.090 Responsibility. All licensees under this Ordinance shall be responsible for the actions of their employees in regard to the sale of tobacco,tobacco products, or tobacco related devices on the licensed premises,and the sale of such a item by an employee shall also be considered a sale by the license holder, and each can be held responsible for any criminal and/or civil penalties imposed herein. 1409.100 Compliance Checks and Inspections. All licensed premises shall be open to inspection by the City Police or other authorized City official during regular business hours. From time to time, but at least once per year, the City shall_ conduct compliance checks by engaging minors to enter the licensed premises to attempt to purchase tobacco, tobacco products, or tobacco related devices. Minor used for the purpose of compliance checks shall not be guilty of unlawful possession of tobacco,tobacco products, or tobacco related devices when such items are obtained as a part of the compliance check. 6 Page 33 of 38 Retail establishments possessing a Class"A" License shall be subject to at least two (2)compliance checks per year. 1409.110 Other Illegal Acts. Unless otherwise provided, the following acts shall be a violation of this Ordinance. A. Illegal Possession. It shall be a violation of this Ordinance for any minor to have in his or her possession any-tobacco,tobacco product, or tobacco related device. This subdivision shall not apply to minors lawfully involved in a compliance check on behalf of the City. B. Illegal Use. It shall be a violation of this Ordinance for any minor to smoke, chew, sniff, or otherwise use any tobacco,tobacco product, or tobacco related device. C. Illegal Procurement. It shall be a violation of this Ordinance for any minor to purchase or attempt to purchase or otherwise obtain any tobacco,tobacco product, or tobacco related device, and it shall be a violation of this Ordinance for any person to be sell or otherwise provide any tobacco,tobacco product, or tobacco related device to any minor, and it shall further be a violation for any person to coerce or attempt to coerce a minor to illegally purchase or otherwise obtain or use any tobacco, tobacco product, or tobacco related device. This subdivision shall not apply to minors__lawfully involved in a compliance check on behalf of the Ci _. D. Use of False Identification. It shall be a violation of this Ordinance for any minor to attempt to disguise his or her true age by the use of a false form of identification, whether the identification is that of another person or one on which the age of the person has been modified or tampered with to represent an age older than the actual age of the person. This subdivision shall not apply to minors lawfully involved in a compliance check on behalf of the Ci 1409.120 Violations and Penalties. A. Criminal Penalty. 7 Page 34 of 38 Any person, firm, or corporation violating any of the provisions of this Ordinance shall be guilty of a misdemeanor. Each violation and every day in which a violation occurs or continues shall constitute a separate offense. B. Civil Penalty. The provisions of the City of Oak Park Heights Civil Penalty Ordinance, Chapter 208, shall apply to any and all licenses issued hereunder. If a retail establishment has its tobacco license suspended pursuant to a hearing conducted under the City's Civil Penalty Ordinance, that retail establishment shall, during the period of suspension, remove all tobacco, tobacco products, or tobacco related devices away from public view. 1409.130 Exceptions and Defenses. Nothing in this Ordinance shall prevent the providing of tobacco,tobacco products,or tobacco related devices to a minor as part of a lawfully recognized religious, spiritual, or cultural ceremony. It shall be an affirmative defense to the violation of this Ordinance for a person to have reasonably relied on proof of age as described by State Law. 1409.140 Severabili1y and Savings Clause. If any section or portion of this Ordinance shall be found unconstitutional or otherwise invalid or unenforceable by a Court of competent jurisdiction,that finding shall not serve as an invalidation or effect the validity and enforceability of any other section or provisions of this Ordinance. 1409.150 Restriction on Age of Clerks. It shall be illegal for a retail establishment to cause or permit a minor to sell tobacco,tobacco products, or tobacco related devices. It shall also be illegal for any minor to sell tobacco, tobacco products, or tobacco related devices. 1409.160 She. Anyone holding a tobacco license under the provisions of this Ordinance shall post and display, in plain view of the general public, on the licensed premises a sign indicating that it is illegal to sell tobacco,tobacco products, or tobacco related devices to anyone under the age of eighteen(18)years and that the possession and use of such items by minors is also illegal under both State law and local ordinance. Said signs shall be of a type approved by City staff and issued to a retail establishment at the time that a license is obtained. The cost of said sign shall be included within the licensing fee. 1409.161 Product Sampling. Notwithstanding any exceptions for tobacco product _shops as set forth in the Minnesota Indoor Clean Air Act, no licensee shall directly or indirectly permit 8 Page 35 of 38 smoking or use of their sale products in and upon the licensed premises. All licensees under this chapter shall be responsible for the actions of their employees and patrons in regard to any smoking or consumption in and upon the licensed premises. 9 Page 36 of 38 11 r. Oak Park Heights Request for Council Action Meeting Date May 13`h, 2014 Time Required: 5 Minutes Agenda Item Title: Consider Fireworks Contribution to Stillwater for 2014 of July Fireworks. Agenda PIacement New Business Originating Department/Reque /E Johnson City Administrator Requester's Signature Action Requested Discussi n ossible Action Background/Justification(Please indicate if any previous action has been taken or if other public bodies have advised): I recently discussed with Stillwater City Administrator Larry Hansen the possibility of a City of Oak Park Heights fireworks contribution the 4`h of July fireworks in 2014. The 2013 was reported to be a positive show and was wholly coordinated by the City of Stillwater. The 2014 rain date is to be July 5`h. Staff would propose a funding source as being Council Contingency, (this expense was anticipated to be placed in to that fund at the time of the 2014 budget adoption) Page 37 of 38 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 38 of 38