HomeMy WebLinkAbout2014/09/02 - ADMIN - Minutes - City Council - Study Session IIISt. Louis Park OFFICIAL MINUTES
MINNESOTA CITY COUNCIL SPECIAL STUDY SESSION
ST. LOUIS PARK,MINNESOTA
SEPTEMBER 2, 2014
The meeting convened at 7:00 p.m.
Councilmembers present: Mayor Jeff Jacobs, Tim Brausen, Steve Hallfin, Gregg Lindberg
(participated via telephone), Susan Sanger, and Jake Spano.
Councilmembers absent: Anne Mavity.
Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Scott), Marketing &
Communications Coordinator(Mr. Zwilling), and Recording Secretary(Ms. Hughes).
1. Newspaper Circulars
Mr. Harmening presented the staff report and explained that beginning last year the City started
receiving complaints from residents about the unwanted delivery of the Star Tribune circulars
and City staff and the City Attorney met with a representative of the Star Tribune who explained
the process for delivery of these circulars and who was protective of the Star Tribune's right to
deliver these circulars and the Star Tribune representative indicated they would do a better job of
delivering the circulars and notifying people about how they can opt out. He added the City sent
a postcard to residents in the 55426 zip code instructing them how to opt out and the City has
heard that even after opting out, residents are still receiving the circulars.
Councilmember Lindberg expressed concern about the lack of response on the part of the Star
Tribune after the City tried to work with them, as well as the Star Tribune's lack of response to
residents. He agreed that the circulars represent littering and the circulars are unwanted trash in
the waste system.
Mr. Scott advised that he sent a letter in March to the Star Tribune that referenced two provisions
in the City's ordinance regarding any sort of printed material delivered to someone's home and if
a resident requests that it not be delivered or if the resident has a sign indicating they do not want
to receive solicitations and the publications are still delivered, the City has the right to declare a
nuisance and charge a misdemeanor violation of City Code. He stated it appears the persons
delivering the circulars are independent contractors so these persons would be the first defendant
and it is questionable whether the City can charge the Star Tribune. He added there is a
provision in the City's ordinance that says any merchant who advertises in violation of the
ordinance can also be held liable and that provision seems to apply to this situation.
Mayor Jacobs asked if the City needed a test case to pursue a misdemeanor violation.
Councilmember Brausen stated he was worned about First Amendment implications.
Councilmember Spano stated if someone sends an email to the Star Tribune indicating they do
not want the circulars delivered anymore but they continue to be delivered, and the Star Tribune
indicates that they gave the delivery people the list of people not wanting the circulars, the City
should inform the Star Tribune that they are responsible for the database of opt outs, that they
hire the delivery people and are responsible for providing that opt out list to the delivery people,
and since the circulars are still being delivered, it appears the Star Tribune has a process problem
and that does not constitute a right to continue delivenng the circulars.
Special Study Session Minutes -2- September 2, 2014
Mr. Scott advised that the Bloomington City Attorney wrote a letter to the Star Tribune in which
she relayed the City Council's frustration with the unwanted delivery of these circulars, that the
City of Bloomington was looking at options to address the issue and that the Star Tribune was
violating the Bloomington litter ordinance, and suggesting that they hire a contractor to pick up
the litter or collect its material and return it to the Star Tribune circulation manager. He advised
that the Star Tribune then agreed to deliver the circulars the same way they deliver newspapers
and to stop throwing them everywhere.
Councilmember Spano suggested that the City Attorney follow up with a letter to the Star
Tribune requesting some affirmative action to stop the unwanted delivery of these circulars and
indicating that the City would like to see a plan of action in writing addressing how the Star
Tribune is going to address this issue.
Councilmember Lindberg stated that this is an issue where residents are very upset with how
they have been treated in getting the Star Tribune to stop its delivery of these circulars. He felt
that if residents do not want the circulars, the Star Tribune is throwing trash on people's property
and felt it was the City Council's responsibility to take action on the issue.
Councilmember Sanger suggested that the City publish an article in Park Perspective
encouraging residents to get"no solicitation" signs.
It was the consensus of the City Council to follow up with the Star Tribune to request some
affirmative action on their part to address the issue. It was also the consensus of the City
Council to direct staff to further educate residents about using "no solicitation" signs and about
how to opt out of delivery of these circulars.
The meeting adjourned at 7:28 p.m.
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Nancy Stroth, eity Clerk Jeff Jaco is, ayori