2015.05.05 Work Session Packet (2nd)
Posted: May 1, 2015
CRYSTAL CITY COUNCIL
SECOND WORK SESSION AGENDA
Tuesday, May 5, 2015
To immediately follow the EDA Regular Meeting
Conference Room A
Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City
Charter, the second work session of the Crystal City Council was held at ______ p.m. on
Tuesday, May 5, 2015 in Conference Room A located at 4141 Douglas Drive, Crystal, Minnesota.
I. Attendance
Council members Staff
____ Dahl ____ Norris
____ Deshler ____ Therres
____ Kolb ____ Hansen
____ Libby ____ Revering
____ Parsons ____ Gilchrist
____ Peak ____ Serres
____ Adams
II. Agenda
The purpose of the work session is to discuss the following agenda items:
1. Financing Crystal’s share of JWC water main repairs/renovation
2. Hennepin County E-Cig ban
3. City Code Review Task Force applicant selection process
4. Agreement with Hennepin County – Assessing Services
5. Continue discussion of the commissions
6. Constituent issues update
7. New business*
8. Announcements*
* Denotes no supporting information included in the packet.
III. Adjournment
The work session adjourned at ______ p.m.
Auxiliary aids are available upon request to individuals with disabilities by calling the City Clerk at (763)
531-1145 at least 96 hours in advance. TTY users may call Minnesota Relay at 711 or 1-800-627-3529.
4141 Douglas Drive North • Crystal, Minnesota 55422-1696
Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov
4141 Douglas Drive North • Crystal, Minnesota 55422-1696
Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov
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Kennedy Troy J. Gilchrist
470 US Bank Plaza
200 South Sixth Street
Minneapolis MN 55402
(612) 337-9214 telephone
(612) 337-9310 fax
tgilchrist@kennedy-graven.com
http://www.kennedy-graven.com
&
Graven
C H A R T E R E D Also: St. Cloud Office
501 W. Germain Street, Suite 320
St. Cloud, MN 56301
(320) 240-8200 telephone
MEMORANDUM
Date: April 17, 2015
To:Anne Norris, City Manager
From:Troy Gilchrist, City Attorney
Re:Application of the Hennepin County Smoking Ordinance
The following is intended to provide information on state law and the Hennepin County
Ordinance regarding electronic cigarettes.
1.Legal Authority to Regulate Smoking
In 1977, the Minnesota Legislature adopted the “Minnesota Clean Indoor Air Act.” As
described in the statute, the purpose of this act was to “protect employees and the general public
from the hazards of secondhand smoke by eliminating smoking in public places, places of
employment, public transportation, and at public meetings.” Among other things, this law
banned smoking in all public places. While the definition of smoking under the state law did not
capture electronic cigarettes, the law was revised in 2014 to add a subdivision that deals with
these devices.
Under state law, the inhaling or exhaling of vapor from any electronic delivery device
(i.e., electronic cigarette)is prohibited in the following places:
a.Any building owned or operated by the state, home rule charter or statutory city,
county, township, school district, or other political subdivision;
b.Any facility owned by Minnesota State Colleges and Universities and the University
of Minnesota;
c.Any facility licensed by the commissioner of human services; or
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d.Any facility licensed by the commissioner of health, but only if the facility is also
subject to federal licensing requirements.
The statute also provides that political subdivisions or businesses are permitted to adopt
“more stringent prohibitions on the use of electronic cigarettes or electronic delivery devices.”
2.Hennepin County Smoking Ordinance
Hennepin County has adopted Ordinance 24, titled the Smoke Free Ordinance. State law
allows a county board to “adopt ordinances for all or a part of its jurisdiction to regulation actual
or potential threats to the public health under [Chapters 145A and 375], unless the ordinances are
preempted by, in conflict with, or less restrictive than standards in state law or rule.” It is under
this authority that the County has adopted Ordinance 24. The same section provides cities and
towns the authority to adopt ordinances to regulate public health, but such “ordinances must not
conflict with or be less restrictive than ordinances adopted by the county board within whose
jurisdiction the city or town is located.”
In large part, Ordinance 24 mirrors state law. However, by its own terms, the ordinance
“is intended to complement and go beyond the Minnesota Clean Indoor Air Act.” For instance,
it references the statutory definitions for a number of things, including “public place.” One
major difference, however, is that “smoking” is defined to include “the use of, or the inhaling or
exhaling of vapor from, any electronic delivery device, as well as carrying an electronic delivery
device that is turned on or otherwise activated.” Notably, Ordinance 24 applies “throughout all
of Hennepin County” but “[n]othing in this Ordinance shall prevent other local levels of
government within Hennepin County from adopting more stringent measures to protect citizens
from smoking.”
3.Scope of Hennepin County Smoking Ordinance
Ordinance 24 prohibits smoking in public places. Public places are defined as “any
enclosed, indoor area used by the general public.” These include, but are not limited to, the
following locations:
Restaurants;
Bars;
Any other food or liquor establishment;
Retail stores and other commercial establishments;
Educational facilities other than public schools;
Hospitals;
Nursing homes;
Auditoriums;
Arenas;
Meeting rooms; and
Any common areas of rental apartment buildings.
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Additionally, smoking is prohibited at a public meeting, in a place of employment (including
private homes if used in this capacity), or in public transportation. Smoking is also prohibited in
day care facilities, health care facilities, hospitals, licensed residential facilities, and public
transport vehicles. This prohibition applies to all of the covered locations in the County.
Ordinance 24 also outlines a number of exceptions to this rule. The following are situations
where the Ordinance does not apply:
Locations where smoking is expressly authorized by state or federal law, rule, or
regulation;
Scientific study participants (with certain ventilation requirements for the rooms allowing
smoking);
Traditional Native American ceremonies;
Private places, including homes, except when those places are used for a public purpose
as defined by the ordinance;
Hotel or motel sleeping rooms rented to one or more guests;
Heavy commercial vehicles;
Farm vehicles or construction equipment;
Family farms;
Theatrical productions; and
Tobacco products shops.
Along with the prohibitions and exceptions, Ordinance 24 places certain responsibilities
on a “proprietor,” which is defined as “the party, regardless of whether the party is owner or
lessee of the public place, who ultimately controls, governs, or directs the activities within the
public place.” These responsibilities include:
Posting “no smoking” signs that comply with the requirements for sign placement set out
in state law;
Asking any person who smokes in an area where smoking is prohibited to refrain from
smoking, and if the person does not refrain, asking them to leave. If the person refuses to
leave, the proprietor shall handle the situation consistent with lawful methods available to
handling other persons acting in a disorderly manner or as a trespasser; and
Ensuring that smoking equipment, including ash trays or matches, is not provided where
smoking is prohibited.
Ordinance 24 is enforced by local law enforcement, along with the health authority, which is
the Hennepin County Human Services and Public Health Departments. Violation of the
Ordinance is a misdemeanor. Similarly, anyone who permits a violation of the Ordinance to
exist on their property, or fails to take action to abate the existence of the violation, is also guilty
of a misdemeanor. Failure to comply with the Ordinance may also constitute adequate grounds
to deny, refuse to renew, revoke, or suspend any license or permit issued by the County.
LOG OF COUNCIL AND CITIZEN CONTACT - MARCH 2015
Date Address and Issue Action and Status
Since 2014 Heathers Pond (3000 Douglas) - maintenance
Researching purchase of fountain
for northernmost pond and best
plant choices for landscaping
Talked with Heathers staff about
documenting maintenance
standards, draft agreement in
process
January
36xx Georgia Avenue - placement of Century Link
equipment in right-of-way
Agreement reached between all
parties for where equipment
should be relocated to; permits
issued for new location and all
parties notified; waiting for
execution by Century Link; staff
needs to respond to remaining
questions from resident
February 59XX Regent - tree issue
Advisory notice sent regarding
tree, following up - property has
been through sheriff's sale -
locating property owner of record
February 58XX Regent - unkempt yard
Advisory regarding yard
maintenance
March 57XX Brunswick - cars parked in grass
Notice sent - vehicles moved,
owner planning to expand
driveway for additional parking
area
Date Address and Issue Action and Status
March 63XX 61st Avenue - no garbage collection, junk in yard
Notice sent out for garbage
service and to clean up yard,
garbage service was confirmed
right after notice; property owner
is aware of need to maintain the
yard
March 50th and Florida - stop sign request
looking at sight lines (tree in
boulevard), gathering traffic
counts and speed data for
evaluation
LOG OF COUNCIL AND CITIZEN CONTACT - APRIL 2015
Date Address and Issue Action and Status
April 60XX - 34th Avenue - boulevard tree
Tree inspected - some branches
storm damaged - to be trimmed
April
48th & Georgia - streets have cracks and need to be
sealed Streets to be sealed week of 4/27
April 56XX Yates - overnight parking in street PD checking
April Bassett Creek Park - debris dumping, garbage Parks Maintenance checking
April
67XX - 58th Avenue North - questionable relocation of
gas meter
Center Point contacted and
working on it; resident contacted
to confirm satisfaction with work -
waiting for response
April
Rivertree School, 38th and Welcome - request for go
slow, school ahead signs
Traffic counts on Vera Cruz; staff
committee reviewing traffic
patterns/counts/speeds
April
30XX Winnetka - requested reports from PD and
assistance with harassment
PD responded to several calls,
offered suggestions and wrote
reports which resident was notified
were available for pick-up
Housing Strike Letters
4912 - 56th - Unit #3 1st letter
1/7/2015
5116 Edgewood - Unit #1 1st letter
3/2/2015
2701 Brunswick - Unit #204 1st letter
3/6/2015
6509 - 38th 1st letter
3/6/2015
3020 Sumter #206 1st letter
4/1/2015