2015.05.05 Council Meeting Packet
Posted: May 1, 2015
CITY OF CRYSTAL
City Council Meetings
Tuesday, May 5, 2015
MEETING SCHEDULE
Time Type of Meeting Location
6:15 p.m.
6:30 p.m.
1st City Council Work Session to:
• Meet and greet Charter Commission
candidates
• Discuss right-of-way and boulevard
primer and boulevard trees
Conference Room A
7:00 p.m. Regular City Council Meeting Council Chambers
Immediately
following the
Regular Council
Meeting
EDA Regular Meeting Council Chambers
Immediately
following the
Regular EDA
Meeting
2nd City Council Work Session to discuss:
• Financing Crystal’s share of JWC water
main repairs/renovation
• Hennepin County E-Cig ban
• City Code Review Task Force
applicant selection process
• Agreement with Hennepin County –
Assessing Services
• Continue discussion of the commissions
• Constituent issues update
• New business
• Announcements
Conference Room A
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
Memorandum
DATE: May 5, 2015
TO: City Council
FROM: Anne Norris, City Manager
Mark Ray, PE, Public Works Director
SUBJECT: Right of way flyer and boulevard trees
Summary
The City Council has requested staff provide a quick reference guide to terms (right of
way, easement, boulevard, etc.) commonly used in public works projects. Staff will be
providing the Council with an overview of these terms. A guide is in development and
will be handed out as well.
Staff will also be discussing how these terms play into issues such as boulevard trees,
utility companies, and City Code.
P r o c l a m a t i o n
ARBOR DAY
MAY 13, 2015
WHEREAS, Crystal is a tree city and has been a tree city
since 1998; and
WHEREAS, the Crystal parks & recreation commission
serves as crystal’s tree board; and
WHEREAS, As Crystal’s tree board, the Parks &
recreation commission holds an annual
community event to recognize the importance
of trees in our community, to provide
information to residents on the importance of
trees for shade, wildlife habitat, erosion
prevention, and
WHEREAS, the City of Crystal wishes to promote
awareness of the trees in our community and
to affirm the City’s commitment to their care
and management.
NOW, THEREFORE, I, Jim Adams, Mayor of the City of Crystal,
do hereby proclaim:
1. May 13, 2015 as ARBOR DAY in the City of Crystal;
and
2. The Parks & recreation commission is hosting an
arbor day celebration at 6:30 p.m. on may 13 at forest
park.
Dated: may 5, 2015 ___________________________
Jim Adams, Mayor
4141 Douglas Drive North • Crystal, Minnesota 55422-1696
Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov
Crystal City Council Meeting Minutes April 21, 2015
1. CALL TO ORDER, ROLL CALL, AND PLEDGE OF ALLEGIANCE
Pursuant to due call and notice thereof, the Regular Meeting of the Crystal City Council
was held on Tuesday, April 21, 2015 at 7:00 p.m. in the Council Chambers at 4141
Douglas Drive in Crystal, Minnesota. Mayor Adams called the meeting to order.
ROLL CALL
Mayor Adams asked the city clerk to call the roll for elected officials. Upon roll call, the city
clerk recorded the following attendance:
COUNCIL PRESENT: Adams, Dahl, Deshler, Kolb, Libby, Parsons and Peak.
STAFF PRESENT:
City Manager A. Norris, City Attorney T. Gilchrist, Community Development Director J.
Sutter, Public Works Director/City Engineer M. Ray, Deputy Chief of Police M. Meehan,
and City Clerk C. Serres.
OTHER: Project Manager Aaron Ditzler, P.E. from Short Elliott Hendrickson Inc. (SEH)
PLEDGE OF ALLEGIANCE
Mayor Adams led the Council and audience in the Pledge of Allegiance.
2. APPROVAL OF AGENDA
The Council considered approval of the agenda.
Moved by Councilmember Kolb and seconded by Councilmember Peak to approve the
agenda.
Motion carried.
3. PROCLAMATION
3.1 Mayor Adams read a proclamation declaring May 8, 2015 as Lynn Haney Day in the
City of Crystal.
4. COUNCIL MEETING MINUTES
The Council considered the minutes from the following meetings in a single motion:
a. The Regular City Council Meeting from April 7, 2015;
b. Two Council Work Sessions from April 7, 2015; and
c. The Council Work Session from April 9, 2015.
Moved by Councilmember Kolb and seconded by Councilmember Dahl to approve the
above minutes in a single motion.
Motion carried.
Council Working Agenda April 21, 2015
5. CONSENT AGENDA
The Council considered the following items, which are routine and non-controversial in
nature, in a single motion:
5.1 Approval of the list of license applications submitted by the City Clerk to the City
Council, a list that is on file in the office of the City Clerk;
5.2 Approval of Resolution No. 2015-40, accepting the following donations:
a. $39.70 from Buffalo Wild Wings for the Crystal Police Explorers Program;
b. $500 from the Rotary Club of Crystal, New Hope, and Robbinsdale for the
Crystal D.A.R.E. Program; and
c. $270.91 from various K-9 donation boxes throughout the city for the Crystal K-9
Unit
5.3 Acceptance of the resignation of Meredith Torres-Walsh from the Human Rights
Commission.
Moved by Councilmember Peak and seconded by Councilmember Parsons to approve the
consent agenda.
Motion carried.
6. OPEN FORUM
No public comment was given during Open Forum.
7. PUBLIC HEARING
7.1 The Mayor announced the purpose of the public hearing:
The consideration of a resolution adopting the assessment roll for Phase 14 North
Lions Park Neighborhood Street Reconstruction Project #2014-14.
Public Works Director/City Engineer M. Ray addressed the Council. SEH Project
Manager A. Ditzler presented to the Council.
The Mayor opened the public hearing for testimony.
The City received the following written objections:
1. Danielle and Jeremy Barth, 6108 Hampshire Avenue North
2. Walt Silva and Elsa Alfayate, 7008 Lombardy Lane
3. Dennis Ruple, 5901 Kentucky Avenue North
4. Robert and Linda Thorbrogger, 6815 61st Avenue North
5. Erik Berg, 6704 Cloverdale Avenue North
6. Xie Wang on behalf of Fan Fan Rent, LLC, 6902 58th Avenue North
7. Phyllis Isaacson, 7000 Lombardy Lane
8. Amanda Vega (Thorson), 6706 Cloverdale Avenue North
9. Justin Fagre, 6124 Hampshire Avenue North
10. Tyler Tapelt and Gillian Anderson, 7024 60th Avenue North
Page 2 of 9
Council Working Agenda April 21, 2015
The following persons appeared:
1. Mark Kaiser, 5918 Elmhurst Avenue North
2. Fadel Sakkal, 5945 Elmhurst Avenue North
3. Luis and Jeanine Holguin, 7024 Lombardy Lane
4. Dennis Ruple, 5901 Kentucky Avenue North
5. Gillian Anderson, 7024 60th Avenue North
6. Tyler Tapelt, 7024 60th Avenue North
7. Lois Chicoine, 5942 Jersey Avenue North
8. Burt Orred, 6700 60th Avenue North
9. Harold Creek, 5827 Jersey Avenue North
There being no one else wishing to appear before the Council to give testimony,
Mayor Adams declared the public hearing closed.
Moved by Councilmember Deshler and seconded by Councilmember Peak to adopt
the following resolution, the reading of which was dispensed with by unanimous
consent:
RESOLUTION NO. 2015 – 41
ADOPTING ASSESSMENT ROLL PROJECT #2014-14 PHASE 14
NORTH LIONS PARK NEIGHBORHOOD STREET RECONSTRUCTION
Voting aye: Adams, Dahl, Deshler, Kolb, Libby, Parsons and Peak.
Motion carried, resolution declared adopted.
8. REGULAR AGENDA
8.1 The Council considered approval of disbursements over $25,000 submitted by the
Finance Director to the City Council, a list that is on file in the office of the Finance
Director.
Mayor Adams read the list of disbursements over $25,000.
Moved by Councilmember Kolb and seconded by Councilmember Libby to approve
the list of disbursements over $25,000.
Voting aye: Adams, Dahl, Deshler, Kolb, Libby, Parsons and Peak.
Motion carried.
8.2 The Council considered a resolution commending City Attorney Mike Norton.
City Manager Anne Norris addressed the Council.
Moved by Councilmember Deshler and seconded by Mayor Adams to adopt the
following resolution, the reading of which was dispensed with by unanimous consent:
Page 3 of 9
Council Working Agenda April 21, 2015
RESOLUTION NO. 2015 – 42
RESOLUTION COMMENDING CITY ATTORNEY
MIKE NORTON FOR SERVICE TO CRYSTAL
Voting aye: Adams, Dahl, Deshler, Kolb, Libby, Parsons and Peak.
Motion carried, resolution declared adopted.
8.3 The Council considered a conditional use permit and variances for 5124 - 5128
Hanson Court (North Suburban Towing).
Community Development Director J. Sutter addressed the Council.
Moved by Councilmember Peak and seconded by Councilmember Kolb to approve a
conditional use permit and variances for 5124 - 5128 Hanson Court (North Suburban
Towing) as recommended by the Planning Commission at its meeting on April 13,
2015, subject to the findings of fact and conditions of approval outlined in the staff
report.
Voting aye: Adams, Dahl, Deshler, Kolb, Libby, Parsons and Peak.
Motion carried.
8.4 The Council considered a resolution approving the preliminary and final plat of
Crystal Economic Development Authority Seventh Addition at 4724 Lakeland
Avenue North.
Community Development Director J. Sutter addressed the Council.
Moved by Councilmember Dahl and seconded by Councilmember Parsons to adopt
the following resolution, the reading of which was dispensed with by unanimous
consent:
RESOLUTION NO. 2015 – 43
RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT OF
CRYSTAL ECONOMIC DEVELOPMENT AUTHORITY SEVENTH ADDITION
Voting aye: Adams, Dahl, Deshler, Kolb, Libby, Parsons and Peak.
Motion carried, resolution declared adopted.
8.5 The Council considered a resolution of support for Three Rivers Park District’s
application for Hennepin County funds for completion of the Bassett Creek Regional
Trail through Crystal and New Hope.
City Manager A. Norris addressed the Council.
Page 4 of 9
Council Working Agenda April 21, 2015
Moved by Councilmember Kolb and seconded by Councilmember Dahl to continue
consideration of the resolution until the regular City Council meeting on May 5,
2015.
Voting aye: Adams, Dahl, Deshler, Kolb, Libby, Parsons and Peak.
Motion carried.
8.6 The Council considered a resolution amending the Shingle Creek Watershed
Management Organization’s Joint Powers Agreement.
City Manager A. Norris addressed the Council.
Moved by Councilmember Kolb and seconded by Councilmember Peak to adopt
the following resolution, the reading of which was dispensed with by unanimous
consent:
RESOLUTION NO. 2015 – 44
RESOLUTION AMENDING THE JOINT POWERS AGREEMENT FOR THE
CREATION OF THE SHINGLE CREEK WATERSHED MANAGEMENT
COMMISSION AND RATIFYING THE ACTS THEREOF
Voting aye: Adams, Dahl, Deshler, Kolb, Libby, Parsons and Peak.
Motion carried, resolution declared adopted.
8.7 The Council considered a resolution regarding Crystal’s share of the Joint Water
Commission’s main water line repair costs.
City Manager A. Norris addressed the Council.
Moved by Councilmember Peak and seconded by Councilmember Deshler to adopt
the following resolution, the reading of which was dispensed with by unanimous
consent:
RESOLUTION NO. 2015 – 45
RESOLUTION SUPPORTING MAKING IMPROVEMENTS TO THE
36-INCH PIPE FOR WATER SERVICE FOR THE
JOINT WATER COMMISSION CITIES
Voting aye: Adams, Dahl, Deshler, Kolb, Libby, Parsons and Peak.
Motion carried, resolution declared adopted.
8.8 The Council considered a resolution for use of PIR funds for the purchase of a new
park trailer.
Page 5 of 9
Council Working Agenda April 21, 2015
Public Works Director/City Engineer M. Ray addressed the Council.
Moved by Councilmember Deshler and seconded by Councilmember Dahl to adopt
the following resolution, the reading of which was dispensed with by unanimous
consent:
RESOLUTION NO. 2015 – 46
APPROVING EXPENDITURE FOR NEW PARK MAINTENANCE TRAILER
Voting aye: Adams, Dahl, Deshler, Kolb, Libby, Parsons and Peak.
Motion carried, resolution declared adopted.
8.9 The Council considered bids and a resolution awarding a construction contract for
Phase 14 North Lions Park Neighborhood Street Reconstruction Project #2014-14.
Public Works Director/City Engineer M. Ray addressed the Council.
Moved by Councilmember Deshler and seconded by Councilmember Parsons to
adopt the following resolution, the reading of which was dispensed with by
unanimous consent:
RESOLUTION NO. 2015 – 47
AWARDING CONTRACT FOR PROJECT #2014-14 PHASE 14
NORTH LIONS PARK NEIGHBORHOOD STREET RECONSTRUCTION
Voting aye: Adams, Dahl, Deshler, Kolb, Libby, Parsons and Peak.
Motion carried, resolution declared adopted.
8.10 The Council considered a resolution awarding an engineering services contract for
Phase 14 North Lions Park Neighborhood Street Reconstruction Project #2014-14.
Public W orks Director/City Engineer M. Ray addressed the Council.
Moved by Councilmember Peak and seconded by Councilmember Libby to adopt
the following resolution, the reading of which was dispensed with by unanimous
consent:
RESOLUTION NO. 2015 – 48
AWARDING CONSTRUCTION SERVICES CONTRACT
FOR PROJECT #2014-14 PHASE 14
NORTH LIONS PARK NEIGHBORHOOD STREET RECONSTRUCTION
Voting aye: Adams, Dahl, Deshler, Kolb, Libby, Parsons and Peak.
Motion carried, resolution declared adopted.
Page 6 of 9
Council Working Agenda April 21, 2015
8.11 The Council considered quotes and a resolution awarding a material testing
services contract for Phase 14 North Lions Park Neighborhood Street
Reconstruction Project #2014-14.
Public Works Director/City Engineer M. Ray addressed the Council.
Moved by Councilmember Kolb and seconded by Councilmember Dahl to adopt the
following resolution, the reading of which was dispensed with by unanimous
consent:
RESOLUTION NO. 2015 – 49
APPROVING CONSTRUCTION MATERIALS TESTING
SERVICES CONTRACT FOR PROJECT # 2014-14 PHASE 14
NORTH LIONS PARK NEIGHBORHOOD STREET RECONSTRUCTION
Voting aye: Adams, Dahl, Deshler, Kolb, Libby, Parsons and Peak.
Motion carried, resolution declared adopted.
Moved by Councilmember Kolb and seconded by Mayor Adams to combine regular
agenda items 8.12 and 8.13 in a single motion.
Voting aye: Adams, Dahl, Deshler, Kolb, Libby, Parsons and Peak.
Motion carried.
Moved by Councilmember Peak and seconded by Councilmember Parsons to
adopt the following resolutions, the readings of which were dispensed with by
unanimous consent:
Public Works Director/City Engineer M. Ray addressed the Council.
8.12
RESOLUTION NO. 2015 – 50
AUTHORIZE JOINT POWERS AGREEMENT
BETWEEN THE CITY OF CRYSTAL AND THE CITY OF NEW HOPE
FOR PROJECT # 2014-14 PHASE 14 STREET RECONSTRUCTION
8.13
RESOLUTION NO. 2015 – 51
AUTHORIZE JOINT POWERS AGREEMENT
BETWEEN THE CITY OF CRYSTAL AND THE CITY OF BROOKLYN PARK
FOR PROJECT # 2014-14 PHASE 14 STREET RECONSTRUCTION
Voting aye: Adams, Dahl, Deshler, Kolb, Libby, Parsons and Peak.
Motion carried, resolutions declared adopted.
Page 7 of 9
Council Working Agenda April 21, 2015
8.14 The Council considered a resolution awarding contract for Project #2013-08 Waste
Water System Sanitary Forecemain CIPP Lining.
Public Works Director/City Engineer M. Ray addressed the Council.
Moved by Councilmember Parsons and seconded by Councilmember Kolb to adopt
the following resolution, the reading of which was dispensed with by unanimous
consent:
RESOLUTION NO. 2015 – 52
AWARD CONTRACT FOR PROJECT #2013-08 WASTE WATER SYSTEM
SANITARY FORCE MAIN CIPP LINING
Voting aye: Adams, Dahl, Deshler, Kolb, Libby, Parsons and Peak.
Motion carried, resolution declared adopted.
8.15 The Council considered the appointment of officials to the Bottineau Light Rail
Transit (LRT) Community Works steering committee.
City Manager A. Norris addressed the Council.
Moved by Councilmember Peak and seconded by Councilmember Deshler to
approve the appointment of Mayor Jim Adams and Councilmember Olga Parsons
to the Bottineau Light Rail Transit (LRT) Community Works steering committee.
Voting aye: Adams, Dahl, Deshler, Kolb, Libby, Parsons and Peak.
Motion carried.
9. INFORMATION AND ANNOUNCEMENTS
Mayor Adams read the following announcements:
a. The next City Council Meeting begins at 7:00 p.m. on Tuesday, May 5, in the Council
Chambers at City Hall.
b. The Hennepin Recycling Group (HRG) cities of Brooklyn Center, Crystal, and New
Hope are working in conjunction with the City of Brooklyn Park to host a special
material drop-off day on Saturday, April 25, from 8 a.m.-3 p.m. at the Brooklyn Park
Operations and Maintenance Facility, 8300 Noble Ave N.
c. Registration is open for the annual Step-To-It Challenge, which this year is from May
3-30. Visit the City’s website for more information.
d. The Crystal Business Association meets on Wednesday, May 13, at 8:30 a.m. at the
Crystal Community Center, 4800 Douglas Drive.
e. PRISM is holding its annual gala on May 28, 5-9 p.m., at The Metropolitan Ballroom.
Visit www.prismmpls.org for more information.
Page 8 of 9
Council Working Agenda April 21, 2015
f. All City Council meetings and work sessions are open to the public as well as
recorded and available for viewing or listening at www.crystalmn.gov.
Councilmember Kolb reminded residents of Crystal Recreation’s Instagram scavenger
hunt. More information is available on Recreation’s Facebook page.
Councilmember Deshler stated that the VFW MIA/POW riders are organizing a litter pick
up along Bass Lake Road at 9:30 a.m. on Saturday, April 25, starting at the VFW in
Crystal.
Mayor Adams reminded residents of the Open House from 5:30-7:30 p.m. on Monday,
April 27, to learn more about the Bassett Creek Regional Trail.
10. ADJOURNMENT
Moved by Councilmember Peak and seconded by Councilmember Dahl to adjourn the
meeting.
Motion carried.
The meeting adjourned at 9:07 p.m.
____________________________
Jim Adams, Mayor
ATTEST:
_____________________________
Chrissy Serres, City Clerk
Page 9 of 9
Crystal City Council Work Session Minutes April 21, 2015
Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the
City Charter, the work session of the Crystal City Council was held at 9:17 p.m. on
Tuesday, April 21, 2015 in Conference Room A at City Hall located at 4141 Douglas Drive,
Crystal, Minnesota. Mayor Adams called the meeting to order.
I. ATTENDANCE
The city manager recorded the attendance with the following members:
COUNCIL
Present: Adams, Dahl, Deshler, Kolb, Libby, Parsons and Peak.
STAFF: City Manager A. Norris.
II. AGENDA
The Council and staff discussed the following agenda items:
1. CenturyLink Franchise Application
2. Constituent issues update
3. New business
4. Announcements
III. ADJOURNMENT
The work session adjourned at 10:08 p.m.
______________________________
Jim Adams, Mayor
ATTEST:
___________________________
Anne Norris, City Manager
Page 1 of 1
6.1
APPLICATIONS FOR CITY LICENSE
May 5, 2015
ANIMAL KENNEL - PRIVATE
Laura Flaherty 5300 Georgia Ave N Crystal, MN 55428
Ronald & Deanna Schuster 5841 Nevada Ave N Crystal, MN 55428
GAS INSTALLER
Airics Heating LLC 2609 Hwy 13 W Burnsville, MN 55337
Deschene Enterprises Inc 10131 James Ave NE Otsego, MN 55362
Flare Heating & Air Conditioning 9303 Plymouth, MN 55427
Glowing Hearth 100 Eldorado Dr Jordan, MN 55352
St Paul Plumbing & Heating Co 640 Grand Ave St. Paul, MN 55105
PLUMBER
Barr Webb Industries Inc 3530 E 28th St Minneapolis, MN 55406
Billodeau Plumbing LLC 5225 89th Crescent Brooklyn Park, MN 55443
Budget Plumbing Corp 855 Hwy 169 N Plymouth, MN 55441
Priority Plumbing & Drains 14270 201st Ave NW Elk River, MN 55330
St Paul Plumbing & Heating Co 640 Grand Ave St. Paul, MN 55105
Versant Plumbing 5601 331st Ave Cambridge, MN 55008
RENTAL – NEW
5630 Adair Ave N – Steve Mohn (Conditional)
RENTAL – RENEWAL
5756 Brunswick Ave N – Michael Mohinani (Conditional)
4559-4563 Douglas Dr N – Donald Brasch (Conditional)
3909 Florida Ave N – Charles Hawkinson c/o Ronald Timm
5943 Idaho Ave N – Seth Jacobson (Conditional)
4518 Jersey Ave N – Invitation Homes (Conditional)
4800 Jersey Ave N – Robert H Senden (Conditional)
6048 Jersey Ave N – Invitation Homes (Conditional)
2702 Kentucky Ave N – Larry Emond (Conditional)
2948 Kentucky Ave N – Wending Bao/K Norman Ho (Conditional)
3146 Kentucky Ave N – Nicolas Cortes c/o RP Management (Conditional)
3100 Louisiana Ave N – Tom/Patricia DeBleeckere (Conditional)
4849 Louisiana Ave N – Pradeep Khakural c/o Van Le (Conditional)
5709 Orchard Ave N – Theresa/Richard Thielen
5716 Pennsylvania Ave N – Ray Truelson (Conditional)
3108 Virginia Ave N – TNDLCLEMENS LLC (Conditional)
3025 Yukon Ave N – Steven/Jennifer Baker (Conditional)
6125 32nd Ave N – Marie Sommer (Conditional)
6028 36th Ave N – Ray Truelson (Conditional)
6327 36th Ave N – Gina Kilgore (Conditional)
7018 50th Ave N – Eduardo Valadez (Conditional)
5415 53rd Ave N – Fan Fan Rent LLC c/o Xie Wang (Conditional)
7825 58th Pl N – Lori Terrell (Conditional)
TREE TRIMMER
Gosiak Tree Service 9578 110th St. Little Falls, MN 56345
Jeff Hoheisel Professional Tree Service, Inc 34214 Hwy 27 Hillman, MN 56338
Page 1 of 1
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459355v2 CR205-30
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
459355v2 CR205-30
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.
459355v2 CR205-30
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