HomeMy WebLinkAbout2017/05/15 - ADMIN - Minutes - City Council - Study SessionJffSt. Louis Park OFFICIAL MINUTES
MINNESOTA CITY COUNCIL SPECIAL STUDY SESSION
ST. LOUIS PARK, MINNESOTA
MAY 15, 2017
The meeting convened at 5:33 p.m.
Councilmembers present: Mayor Jake Spano, Tim Brausen, Steve Hallfin, Gregg Lindberg,
Anne Mavity, Thom Miller, and Susan Sanger.
Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Mattiek), Inspection Services
Manager (Ms. Boettcher), and Recording Secretary (Ms. Pappas).
Guest: Ruth Tripp and members of Hennepin County Public Health Department
1. Options for Tobacco Sales
Ms. Boettcher stated that at the March 6, 2017, Study Session, the council discussed possible
changes to the city's tobacco licensing requirements. The discussion included survey results,
information from Hennepin County Public Health, and possible licensing options for council to
consider regarding limiting the sales of flavored tobacco to tobacco shops only. Ms. Boettcher
continued by noting that Edina had recently raised its sales age for tobacco products to 21. She
noted this is encouraging.
Councilmember Sanger proposed that the council direct staff to develop a license category for
tobacco -only shops and a maximum cap of no more than two licenses at any given time.
Proximity requirements would be preferred so tobacco shops would not be allowed within a
specific distance from schools. Additionally, Councilmember Sanger noted that flavored tobacco
should be sold only at tobacco stores; the penalties for non-compliance should be raised; and the
age to purchase any tobacco products should be 21. She hopes the council will consider directing
the city lobbyist to lobby for statewide 21 -year-old tobacco purchase.
Councilmember Mavity stated she is excited that Edina has moved forward to raise the age to 21
for purchasing tobacco products. She added that she hopes the council will not get into too much
debate and conversation on this issue. She pointed to the evidence -based research on raising the
minimum age to 21. She added that she would support raising fees and lobbying for statewide
age change in order to help contribute to the momentum.
Councilmember Sanger added if the city were able to limit sales of tobacco only products to
tobacco only shops, it would cut back on the places teens could purchase tobacco. She added that
it has been proved that the use of flavored tobacco products leads teens to regular tobacco use.
Councilmember Lindberg asked staff about the city's ability and the necessary resources to
increase the age to 21 and if it is in line with our current compliance policy. He also asked how
the city will be able to enforce the law. Mr. Harmening stated that if the city's ordinance says age
21 is the law, he does not see it having a resource consequence. The police department would
continue to perform regular compliance checks.
Councilmember Lindberg stated that because of Edina's change, St. Louis Park should move
ahead, as well, and build on this momentum. However, he still has concerns about creating a new
category and limiting flavored products to smoke shops. He added if he were a business owner,
he would see this as an opportunity to open a smoke shop, possibly in the Texa-tonka area.
Residents there do not want that and are apprehensive about it.
Special Study Session Minutes -2- May 15, 2017
Mr. Mattick advised that the city can be more restrictive on this and look further into this issue.
Councilmember Miller agreed that the most egregious issue is the flavored tobacco. He noted he
is on board with raising the age to 21 for purchasing tobacco products and trying to get flavored
tobacco products off the market because they bring kids into the world of tobacco.
Councilmember Hallfin stated he agrees with the elimination of flavored tobacco; however, his
view remains the same on raising the age to 21 for tobacco purchase. He does not think the
council was elected to raise the smoking age. Furthermore, he stated that if an 18 year old can
take a bullet for our country, they should be allowed to purchase a cigarette in the city of St.
Louis Park. Councilmember Hallfin added that he is against tobacco products, but is in favor of
personal rights. If the council approves an ordinance raising the age to 21 for tobacco purchase, it
would be taking away the rights of 18 -years -olds, and he is not in agreement with that.
Councilmember Sanger asked about tobacco only stores in Minneapolis and St. Paul and if there
have been unexpected consequences there.
Jeanne Weigum, President of the Association for Nonsmokers MN (ANSR), stated she was
involved in the development of the St. Paul ordinance for tobacco and noted that St. Paul and
Shoreview have not seen any significant increase in the number of tobacco stores. She added that
typically tobacco stores tend to be unstable businesses that open and close. She noted also that
flavored tobacco makes up 2% of tobacco sales. Tobacco stores open for full tobacco product
lines, not primarily for flavored tobacco sales.
Mayor Spano asked if the violations cited in the staff report are typical. Ms. Boettcher stated the
5 establishments that failed compliance by selling to minors were an anomaly, and there was
gross negligence on the part of those businesses. Mayor Spano asked why the city is allowed 2
smoke shops. Ms. Boettcher stated that the council can license any number of shops it wants. Mr.
Harmening added that the city has allowed 2 pawn shops in the past, so this may be where that
number came from.
Councilmember Mavity stated she supports moving forward on the sales for age 21. She stated
the council can then look at other issues, but added she does not want to wait a long period of
time to move ahead on this.
Councilmember Brausen asked when the Edina ordinance will be implemented. Mr. fIarmening
stated July 1, 2017.
Councilmember Brausen stated he is in favor of the ordinance for flavored tobacco products;
setting up barriers to youth smoking; and the 21 -year-old sales age. He would like to see a
zoning ordinance, as well, with a strong anti -littering requirement added related to ash trays,
cigarette butts, and other items that get into stormwater and are difficult to clean up. He added
that he would like to see a baseline on this and then see if there would be any impact.
Ms. Boettcher noted there is baseline data from 2016 for suburban flennepin County that staff
can provide to the council.
Councilmember Brausen stated he is in favor of the January 1 implementation date, stating that
would give the city time to notify the 23 businesses licensed.
Special Study Session Minutes -3- May 15, 2017
Councilmember Sanger stated this is not a new zoning district issue. It is a licensing requirement
that would include the number of feet a tobacco shop would need to be from schools. She
reiterated that she is in favor of the 21 -year-old age limit and also limiting tobacco only stores as
the only point of sale for flavored tobacco. She noted that St Louis Park was one of the first
communities to try to prohibit smoking in restaurants, adding she would rather not wait for
Hennepin County to take action.
To Councilmember Hallfin's point, Councilmember Sanger stated that she understands what he
is saying; however, there are more people killed from tobacco than those killed in military
service. Councilmember Hallfin disagreed with her statement.
Councilmember Lindberg stated that he agrees with the 21 -year-old age limit, noting this is
common sense. However, he does not like the idea of allowing tobacco shops that sell only
flavored tobacco. The city should ban these products if it can.
Councilmember Mavity stated St. Louis Park should align with Edina and implement this right
away.
Mayor Spano stated his concern about having enough time to communicate with the city's 23
businesses. He would like to see the change in age limit set further out in order to let these
businesses know and allow them to provide the council with some feedback. He added that he
feels the city should ban flavored tobacco products in St. Louis Park; increase penalties; and
implement this on a date later this summer.
Mr. Harmening noted these 23 businesses deserve consideration, and the city needs to get their
feedback.
Councilmember Sanger asked Mr. Mattick how risky banning flavored tobacco from the city
might be. Mr. Mattick advised that the council has clear statutory authority to set the age limit to
21, but when a community bans things, there is more of a concern. He noted it is better to
reasonably regulate. Mr. Harmening added that if the city limits flavored products, there will be
some inventory concerns.
Councilmember Lindberg stated he would like more data on this issue and more input. He
prefers not to rush into a decision that has implications on residents and businesses.
Mr. Harmening stated the council could move ahead on the age limit component and then work
further on the flavored tobacco regulation, with the hope that a direction will be set by the end of
summer.
Councilmember Sanger stated in order to start the conversation, the council will need a draft
ordinance from staff. Vendors will want to see this, also.
Mr. Harmening stated staff will have a draft in place by early June and will present it at a study
session. He added the city businesses will need to be made aware of this issue, also, and staff
will need to do follow-up.
The meeting adjourned at 6;25 p.m.
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Meliss Kennedy, City Clerk