HomeMy WebLinkAbout2021/11/01 - ADMIN - Minutes - City Council - Study Session Official minutes
City council special study session
St. Louis Park, Minnesota
Nov. 1, 2021
The meeting convened at 7:00 p.m.
Councilmembers present: Tim Brausen, Lynette Dumalag, Rachel Harris, Larry Kraft, Nadia
Mohamed, and Margaret Rog
Councilmembers absent: Mayor Jake Spano
Staff present: Interim Deputy City Manager/Director of Operations and Recreation (Ms. Walsh),
Director of Building and Energy (Mr. Hoffman), Property Maintenance & Licensing Manager
(Mr. Pivec)
Guests: none
1. Smoking restrictions on restaurant/bar/distillery outdoor patio spaces
Mr. Hoffman noted no complaints were received by the city from residents related to smoking
on outdoor patio spaces.
Mr. Pivec noted the MN Clean Indoor Air Act does not prohibit smoking outdoors on patios
including near doors and windows. He noted while local government is allowed to enforce
stricter regulations in Minnesota, there are few cities that have adopted rules around outdoor
smoking. Instead, restaurants have adopted business policies that prohibit smoking on their
own outdoor spaces.
Mr. Pivec stated an ordinance restricting smoking would be difficult to enforce, and licensing
for food and beverages is handled by Hennepin County. Any complaints received would go to
police for investigation and the individual could be ticketed, not the business establishment.
Councilmember Dumalag stated this came up because a server had requested the city look at
requiring outdoor restrictions. She is surprised many of the city’s establishment do not allow
outdoor smoking and asked what the definition is of limited smoking. Mr. Pivec stated that
would be limiting outdoor smoking into a smoking section at 50%, as an example .
Councilmember Kraft asked how other areas within the state are enforcing this. Mr. Pivec
stated other cities in Minnesota are not enforcing outdoor smoking bans as it is a policy with no
enforcement action. Mr. Hoffman stated if an ordinance were passed, there would need to be
signage stating no smoking outside, or on a patio or in a tent. If the restaurant did not post, that
would be a violation and if someone was smoking outdoors, then police would be called. He
noted the city does not have any authority over restaurants.
Councilmember Kraft asked if it might be better for Hennepin County to have the ordinance .
Mr. Hoffman stated yes.
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Councilmember Kraft asked which restaurants replied to the survey. Mr. Pivec stated the city
called on those with outdoor patios and outdoor service areas. He stated of the 15
establishments the city contacted, 5 were noted in the report and only 1 establishment had no
restrictions for outdoor smoking, the rest had restrictions in place.
Councilmember Kraft stated smoking in public can harm others nearby, as well as in parks. He
does support no smoking outdoors, but whether the city is responsible for this is questionable.
Councilmember Rog asked if the Minneapolis Park Board bans all smoking outdoors. Ms. Walsh
stated she would need to investigate further.
Councilmember Harris asked how many restaurants in the city have outdoor seating and if s taff
can share that complete list for smoking versus non-smoking. She stated it would be helpful
even from a consumer standpoint. She asked about restaurants in mixed-use buildings,
whether they are more restrictive for outdoor smoking. Mr. Pivec stated many of the West End
establishments are non-smoking. Mr. Hoffman stated there are about 150 restaurants in St.
Louis Park, but there is no list of who has outdoor, non-smoking seating areas. He added the
city only issues the liquor license and not all restaurants have a liquor license. The county issues
the food licenses.
Councilmember Harris stated she is in favor of education around this to help mitigate issues.
Councilmember Brausen stated he is in favor of the education approach. He added most of
those who do not want outdoor smoking areas do not go to those establishments. He does not
want the police to have to monitor this as it should be up to the owners to manage.
Councilmember Dumalag asked if establishments with tenants in their buildings seem to be
stricter. She stated we do have smoking in city parks, and she does not want to have police
monitor this. She added it seems the county should pursue this, and then the city provide
education around it.
Councilmember Kraft agreed, adding he is in favor of smoking not being allowed in our parks
and outdoor patios and restaurants, but it appears the city does not have the right levers to
enforce it. He would like to have a conversation with the county around this issue.
Councilmember Harris asked if this could be added to the legislative agenda items.
Councilmember Rog noted there is a strong anti-smoking lobby and advocacy group including
youth that are concerned about St. Louis Park, and the city could work with them on this . She
added the county is the right body to move forward with on this.
Mr. Hoffman stated environmental services through Hennepin County, as well as the public
health department, are both areas the city could work with and reach out to for additional help.
Councilmember Kraft asked if staff could check in with the parks and rec commission about
their thoughts on smoking in parks. Ms. Walsh stated she would discuss this with the
commission.
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Mayor Pro Tem Mohamed read an email from Mayor Spano related to this item. She stated he
said he is both a former smoker and former restaurant worker, adding this gives him additional
perspective on the situation. Mayor Spano thanked Councilmembers Kraft and Dumalag for
bringing this topic up because second-hand smoking is detrimental to workers in restaurants.
Mayor Spano’s email also stated he does not support either suggestion made by staff because
the condition is too limited in scope and does not account for the broader polic y consideration.
He added the city does not have an enforcement mechanism to change this and the remedy
with an ordinance is not reflective of the issue brought forth by the server. While he does not
want staff to waste time on this issue, he would like st aff to conduct some informal
conversations around it.
Mayor Pro Tem Mohamed added she is on the education side of this. She added enforcement
by police seems contradictory here and she would like to prioritize education.
It was the consensus of the council to have staff pursue an education policy around this issue
with businesses and to have staff updated.
The meeting adjourned at 7:35 p.m.
______________________________________ ______________________________________
Melissa Kennedy, city clerk Jake Spano, mayor
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