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HomeMy WebLinkAbout2017/06/26 - ADMIN - Minutes - City Council - RegularAIr St. Louis Park OFFICIAL MINUTES MINNESOTA SPECIAL CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA JUNE 26, 2017 1. Call to Order Mayor Spano called the meeting to order at 6:30 p.m. Councilmembers present: Mayor Jake Spano, Tim Brausen, Steve Hallfin, Gregg Lindberg, Anne Mavity, Thom Miller, and Susan Sanger. Councilmembers absent: None. Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Knetsch), Inspections Manager (Mr. Hoffman), Inspections Services Manager (Ms. Boettcher), Deputy City Manager/Human Resources Director (Ms. Deno), Communications Manager (Ms. Larson), and Recording Secretary (Ms. Pappas). Guests: #T21 MN Group members, Police Lt. Bryan Kruelle, and Ruth Tripp from Hennepin County Public Health. 1. Roll Call 2. Consent Items 2a. Bid Tabulation: Award Bid for 37" Street Bridge Replacement (4017-1700) The staff report noted that due to the condition and design, replacement of this bridge is necessary. Due to factors relating to access for construction and flood plain mitigation, the cost of the project has increased from what was originally estimated. Six bids were received. In order to secure the federal funds and Local Bridge Replacement Program Funds, staff recommends awarding the project to the low bidder, C.S. McCrossan. Councilmember Brausen asked if any of the ten disadvantaged enterprises that were identified as subcontractors were involved with the low bidder. Mr. Harmening stated he did not know the answer to this or if any of the disadvantaged enterprises were successful. Councilmember Brausen stated that in the future, the council is interested in pursuing minority employment contracts. This dovetails with the city's racial equity work. He added that he hopes the city will be increasing their commitment to provide opportunities for disadvantaged contractors. It was moved by Councilmember Lindberg, seconded by Councilmember Brausen, to approve the Agenda and items listed on the Consent Calendar. The motion passed 7-0. 3. Resolutions, Ordinances, Motions and Discussion Items Mr. Hoffman noted the staff report and explained that raising the minimum age to purchase tobacco products from 18 to 21 is intended to limit availability of tobacco products and help reduce the number of youth who begin using tobacco. According to the City Council Meeting -2- June 26, 2017 Centers for Disease Control Youth and Tobacco Use fact sheet, nearly 9 out of 10 tobacco smokers started smoking by age 18. The proposed Ordinance amends City Code Chapter 12, Business Licensing, by changing the minimum age for tobacco product sales to 21; repealing sections that contain language defaulting tobacco possession and use to the minimum legal age for Minnesota; and increasing the fines to license holders for violations. The ordinance is proposed to go into effect Oct 1, 2017. Mayor Spano thanked the public for attending the special meeting of the city council, stating that while this is not a public hearing, the council will listen to residents wanting to express their opinion on this issue. He requested that they keep each of their comments to 3 minutes. Steve Rush, 4567 American Blvd. W., Bloomington, stated he is the Director of Government Relations for Holiday Companies, which has been doing business with two retail stores in St. Louis Park for 36 years. He stated that Holiday requires minors to provide identification for purchases; has an excellent record of denying cigarettes to underage minors; and has never failed a compliance test. Mr. Rush added that the ordinance being considered by the city should rather be a state statute. Without a state statute, underage minors will merely be able to drive to an adjacent city to purchase cigarettes. He stated that Holiday is concerned about losing ancillary sales with this ordinance and also that their employees, who have been previously trained for sales to 18 year olds, may make mistakes. They will need to make costly changes to their store computers, which are set to only allow sales to customers 18 years of age or older. He added this is a state issue and not a city issue. Thomas Bryant, Eden Prairie, spoke on behalf of the National Association of Tobacco Outlets. He stated this ordinance is only for the underage purchase of tobacco items, and with the absence of use and possession pieces, it undermines the ordinance. He added that 86% of youth rely on social sources to obtain tobacco products, including older siblings or friends. Without prohibition, the problem will not be solved. He added that the ordinance also criminalizes adults if they give tobacco to an 18 -year-old adult, and the inconsistency penalizes retailers if they sell to an adult. He again stated that social sources are the real problem and not retailers. Matt Flory, 3244 Edgewood Avenue, stated he is the incoming President -Elect for the MN Public Health Association, and he does support the ordinance raising the age to 21. He noted that he lives three doors away from St. Louis Park High School. The 18-year- olds smoke in front of his house as they get off the school bus and in front of his children. He noted the studies that point to the fact that if kids don't smoke before age 21, they typically will not start. He added that St. Louis Park can be a leader in the fight against tobacco and encouraged the council to approve the ordinance. Cailey Hansen -Mahoney, 6810 W. 26t" Street, stated she is a student at St. Louis Park High School, who is very active in sports and academics. She strongly supports raising the age to 21 for tobacco sales and noted how she sees her peers leaving class to go smoke or vape. She encouraged the council to support the ordinance and thanked them for their consideration. City Council Meeting -3- June 26, 2017 Jay Jaffee, 2521 Princeton Court, stated he retired from the MN Dept of Health 4 years ago, after 35 years in substance use prevention. He noted how smoking has decreased slowly over the years since the 1960's when nearly half of the population smoked. He said that this has been a huge public health accomplishment, but more is needed. He encouraged the council to support the ordinance. Kaila Narum, 2230 Ridge Drive, stated she is a volunteer for the American Cancer Society. Her father battled esophageal cancer and died when she was 14 years old. She asked the council to help honor her father's legacy by supporting this ordinance. Rachel Callanan, 2316 Westridge Lane, stated she grew up in St. Louis Park and raised her kids here, also. She noted that increasing the tobacco age will create an environment where kids will not smoke. She noted a 2005 study conducted in Needham, MA, where an ordinance was passed, and smoking was cut in half. She encouraged the council to support the ordinance and keep kids under 21 from starting to smoke. Laura Silberfarb, 2617 Natchez Avenue South, and her two daughters, Gabriella and Rebecca, thanked Councilmember Sanger for introducing this bill. She stated she has been a long-time supporter of Children First and Health in the Park Activities, along with Tobacco 21. She stated that adolescent brains are susceptible to suggestion and addictions, and the tobacco industry knows this. She stated the city can prevent teens from starting to smoke with this ordinance and encouraged the council to join the City of Edina and start a movement to put our children first. Councilmember Sanger thanked all in attendance, noting it is well documented that by limiting youth access to tobacco products, they are not as likely to start smoking. She added it is sensible to raise the age on tobacco sales, and the opponents, who argue against this change, lack credibility. Councilmember Sanger prefers this be done on a state by state basis, but it does not seem that the legislature is taking any action in this regard, so it seems cities will do need to do it. She did, however, note that if cities adopt this ordinance, it will create momentum for other cities to do so. That is how the indoor smoking ban began several years ago. Councilmember Sanger noted that retailers who argue they might lose profits if they can't sell tobacco to 18-year-olds have no credibility with her, as these retailers have no evidence to support their arguments. She added if these retailers' profits decrease, they should sell and make a profit on other items, adding it is shameful that retailers would believe selling tobacco is okay in order to make a profit. She urged the council to pass the ordinance. Councilmember Miller stated he also supports the ordinance and looks forward to the discussion during the study session regarding flavored tobacco. He stated that success with limiting smoking has happened in incremental changes over the past 50 years. He stated that he appreciates that staff has been able to engage the business community on this issue, and while he understands the retail point of view, retailers will have to work around this business disruption. Councilmember Miller stated he would like to amend the ordinance. It ivas moved by Councilmen76er Miller and seconded by Coznacilnaeniber Sanger to amend the ordinance to change the first violation for businesses as no suspension; the second violation as a 1 -day suspension of tobacco product sales; the third violation as a City Council Meeting -4- June 26, 2017 30 -day suspension; and, the fourth violation would be a revocation of the license to sell tobacco products. Councilmember Sanger asked if this amendment would be difficult to administer from a staff perspective. Mr. Hoffman stated that it would not. Mr. Knetsch added that the city is able to make this change in the ordinance. Councilmember Mavity asked how many businesses had a 30 -day suspension in their license in the last year in the city. Mr. Hoffman stated none had reached that level. The motion passed 7-0. Councilmember Mavity added that she supports the amended ordinance and thanked all in attendance for their comments. She added she is consistently impressed by residents of St. Louis Park and appreciates the fact that so many volunteer their time to work to make our community healthy. Councilmember Mavity stated she met with several of the retailers who will be affected by this ordinance in order to understand how it will impact local businesses. She stated that 2% of retailers' sales are from the 18-21 age range, adding it is not a great economic impact and that the health of the community is the priority here. Councilmember Mavity added she agrees with Councilmember Sanger and prefers it would be a statewide approach, but hopes this will build momentum and have a larger impact in the region and statewide. Councilmember Brausen stated that Section 3 of the ordinance related to criminal penalties seems unduly harsh. He prefers that the violation charge would be a petty misdemeanor. He added it is not fair to criminally penalize an employee or a business; however, he will support the ordinance. He added that if the city can impede one person from starting to smoke, this will be impactful. Councilmember Lindberg agreed with the comments of the other councilmembers. He added this is a commonsense solution, and it makes sense considering that St. Louis Park is a Children First community. He stated that the city needs take action to reflect the Children First assets and provide a caring community and boundaries. He added that the best policies come at the local level. He will support the ordinance and thanked all for coming out and expressing their concerns. Councilmember Hallfin stated that he will be the only councilmember against this ordinance. He stated that since it was initiated by Councilmember Sanger, lie knows it is coming from a good place. Councilmember Hallfin stated that he thinks this change in the ordinance is misguided. He said that he is a military veteran, and this ordinance states adults who are 18 and old enough to serve their country in the military are not old enough to purchase cigarettes or make that decision for themselves. Councilmember Hallfin added that the council keeps referring to youth, but they are adults and have the freedom to make their own decisions. He added that many of these 18-year-olds left St. Louis Park High School and went to fight in a war. They came back to St. Louis Park in uniform and were able to buy a pack of cigarettes. He asked if the city says, "You are not old enough to buy cigarettes, but you were old enough to take a bullet for your country." Councilmember Hallfin added he abhors cigarette products, but we also know that over the years, prohibition has not worked. Councilmember Hallfin continued that he is in City Council Meeting -5- June 26, 2017 favor of banning flavored tobacco but not in favor of prohibiting sales for 18- to 20 -year- olds, adding he thinks the council is misguided on this issue. Mayor Spann stated he will support this ordinance, Mayor Spano did not believe Hennepin County has the authority to ban cigarettes. He asked Ms. Tripp from Hennepin County Public Health if the county has this authority, and she said that the answer to that is not clear. More authority is given to cities on this. He added there are times when cities lead and times when states lead, Mayor Spano added he understands Councilmember Hallfin's comments about the military but noted that up until a person is 21 to 23 -years - old, their brains are very impressionable. He stated it seems unfair that the tobacco industry can have a marketing budget of $4 billion directed at impressionable youth. He also pointed out that the CDC's estimate of the tobacco industry's marketing and advertising budget is closer to $8.5 billion per year. He noted that nicotine is profoundly addictive, adding that this is a public health issue, and we need to support our kids by passing this ordinance. It was moved by Councilmember Sanger, seconded by Councilmember Mavity, to approve the first reading of an ordinance raising the legal age to purchase tobacco and tobacco products in St. Louis Park from 18 to 21 years old, increasing Administration Fines, and setting second reading for July 17, 2017. The motion passed 6-1 (Councilmember Hallfln opposed). 9. Communications - None 10. Adjournment The meeting adjourned at 7:35 p.m. Mel ss Kennedy, City Clerk