HomeMy WebLinkAbout2014 02-10 CCM Regular Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY
OF HENNEPIN AND THE STATE OF MINNESOTA
REGULAR SESSION
FEBRUARY 10,2014
CITY HALL—COUNCIL CHAMBERS
1. INFORMAL OPEN FORUM WITH CITY COUNCIL
CALL TO ORDER INFORMAL OPEN FORUM
The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor Tim
Willson at 6:45 p.m.
ROLL CALL
Mayor Tim Willson and Councilmembers Carol Kleven, Kris Lawrence-Anderson, Lin
Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Public Works
Director/City Engineer Steve Lillehaug, Assistant City Manager/Director of Building and
Community Standards Vickie Schleuning, City Attorney Charlie LeFevere, and Mary Mullen,
TimeSaver Off Site Secretarial, Inc.
Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum.
Jonathan Huehn, 11576 52nd Street NE, Albertville, stated he had hoped to address the City
Council during the discussion on vaping devices. Mayor Willson stated that discussion would
take place during the Work Session meeting, and the City Council would decide at that time
whether public comment would be accepted. Mr. Huehn stated he uses a vaping device as a
cessation tool to help him quit smoking, and there might be implications to health care coverage
if the designation is changed, and vaping devices are considered tobacco products.
Diane Olson, 2712 O'Henry Road, stated she is the Neighborhood Watch Captain for her block.
She requested that the City Council consider denial of a renewal rental license for the owner of
2701 O'Henry Road. She stated this is a rental property that has caused considerable problems
within their community,with multiple renters, numerous police calls, and general disruption to
the neighborhood.
Jonathan Larsen, 6540 Cherokee Lane, Brooklyn Park, stated he wanted to address the ,City
Council regarding e-cigarettes, but added he was not prepared to do so in an Open Forum format.
Corey Sackett, 6035 Bryant Avenue N, stated she purchased her home in Brooklyn Center in
2012. She added she was pleased to become a member of the community, and her home was an
abandoned vacant property that she has renovated. She added she has three dogs, and was not
aware of the City's two-dog limit. She noted she was recently informed of the two-dog limit,
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and was given 21 days to remove one of her dogs. She requested that the City Council consider
an extension and some flexibility with regard to the 21-day notice.
Mayor Willson stated anyone who addresses the City Council will receive a letter from City
staff,but issues raised during Open Forum will not be addressed by the City Council.
Councilmember Kleven moved and Councilmember Lawrence-Anderson seconded to close the
Informal Open Forum at 6:55 p.m.
Motion passed unanimously.
2. INVOCATION
Councilmember Ryan read from "A Soldier's Prayer," an inspirational poem attributed to an
anonymous Confederate soldier.
3. CALL TO ORDER REGULAR BUSINESS MEETING
The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson
at 7:00 p.m.
4. ROLL CALL
Mayor Tim Willson and Councilmembers Carol Kleven, Kris Lawrence-Anderson, Lin
Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Public Works
Director/City Engineer Steve Lillehaug, Assistant City Manager/Director of Building and
Community Standards Vickie Schleuning, City Attorney Charlie LeFevere, and Mary Mullen,
TimeSaver Off Site Secretarial, Inc.
5. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
6. APPROVAL OF AGENDA AND CONSENT AGENDA
Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded to
approve the Agenda and Consent Agenda, as amended, with an amendment to the Regular
Session minutes of January 27, 2014, as discussed in Study Session, and the following consent
items were approved:
6a. APPROVAL OF MINUTES
1. January 27,2014—Study Session
2. January 27, 2014—Regular Session
6b. LICENSES
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RENTAL
INITIAL (TYPE III—one-year license)
7145 Unity Avenue N Andrew Singleton
INITIAL (TYPE II—two-year license)
3106 64th Avenue N Invitation Homes
3319 66th Avenue N Invitation Homes
5300 France Avenue N Invitation Homes
4019 Joyce Lane Invitation Homes
4207 Lakeside Avenue N#226 First House LLC
5313 Northport Drive Invitation Homes
3007 O'Henry Road Invitation Homes
7101 Unity Avenue N Faith Goenner
5931 Zenith Avenue N Invitation Homes
RENEWAL (TYPE II—two-year license)
5455 Emerson Avenue N
Passed w/Weather Deferral Pramol Mathew
6312 France Avenue N TMC Management Corp
7218 Kyle Avenue N Prosperous Property LLC
5223 Xerxes Avenue N TMC Management Corp
RENEWAL(TYPE I—three-year license)
904 53rd Avenue N Moshe Vorotinov/Istoki Mekorot
3601 55d`Avenue N Christine Mack
1605 68"Lane N Pevej Alam
6718 Aldrich Avenue N James Price/Dawn McNamara
5640 Fremont Avenue N Doug Wahl
6800 Orchard Avenue N Prosperous Property LLC
6c. RESOLUTION NO. 2014-27 OPTING NOT TO WAIVE LIMITED TORT
LIABILITY FOR 2014
6d. RESOLUTION NO. 2014-28 CALLING PUBLIC HEARING ON
PROPOSED SPECIAL ASSESSMENTS FOR DISEASED TREE
REMOVAL COSTS AND DELINQUENT WEED REMOVAL COSTS
6e. RESOLUTION NO. 2014-29 APPROVING THE LABOR AGREEMENT
FOR LAW ENFORCEMENT LABOR SERVICES (LELS) LOCAL 86
(POLICE COMMANDERS AND SERGEANTS) AND THE CITY OF
BROOKYN CENTER FOR THE CALENDAR YEARS 2014-2015
6f. RECEIVE HENNEPIN COUNTY HRA NOTICE OF SUBURBAN HRA
AND EDA ACTIVITIES
Motion passed unanimously.
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7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS
-None.
8. PUBLIC HEARINGS
8a. ORDINANCE NO. 2014-02 PROHIBITING SAMPLING IN TOBACCO
PRODUCTS SHOPS; ADDING NEW BROOKLYN CENTER CITY CODE,
SECTION 23-110
Mr. Boganey reviewed the proposed ordinance amendment, which would prohibit sampling of
tobacco products on site at licensed tobacco products shops. He added this amendment was
prepared by the City Attorney at the request of the City Council.
Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to open the
Public Hearing.
Motion passed unanimously.
Betsy Brock, Research Director for The Association for Nonsmokers-Minnesota, stated her
organization supports this proposed update to the City's ordinance, and the amendment is
consistent with what many other cities are doing to tighten ordinance language.
Mayor Willson asked whether the Association could provide information on thirdhand tobacco
exposure. Ms. Brock stated there are quite a few studies that have been done on tobacco smoke
residue that lingers on clothing, in buildings and in cars, and increases exposure to harmful
toxins. She agreed to forward research on this issue to City staff.
Sheku Samba, 6724 Camden Ave N, Brooklyn Center, stated he believes e-cigarettes are used
irresponsibly by adults in the presence of children. He added their use is potentially hazardous,
and all children must be protected from the dangers of unknown chemical exposure.
Jonathan Huehn, 11576 52nd Street NE, Albertville, stated he uses vaping devices to quit
smoking, and he is concerned about the implications for health insurance policies if the
designation is changed. He added a decision should not be made until more information is
available.
Mayor Willson stated delivery devices used for the purposes of smoking cessation are sanctioned
by the FDA, but electronic vaping devices are not regulated. Mr. Huehn stated he is concerned
that it will be difficult to repeal a law that has already been enacted if the FDA sanctions these
devices in the future. Mayor Willson stated the ordinance amendment process is fairly easy at
the City level.
Councilmember Ryan stated the ordinance amendment would not have any affect on the sale of
e-cigarettes. Mr. LeFevere agreed and stated the proposed language amendment closes a
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loophole in the Minnesota Clean Indoor Air Act that currently does not prohibit sampling of
tobacco products in tobacco sales establishments. He added tobacco products are prohibited for
use in public places in Minnesota under the Clean Indoor Air Act, but this does not relate to e-
cigarettes. He noted a separate Public Hearing would be necessary to address that topic.
Councilmember Kleven moved and Councilmember Ryan seconded to close the Public Hearing.
Motion passed unanimously.
Councilmember Lawrence-Anderson moved and Councilmember Myszkowski seconded to
adopt ORDINANCE NO. 2014-02 Prohibiting Sampling in Tobacco Products Shops; Adding
New Brooklyn Center Code Section 23-110.
Motion passed unanimously.
8b. PROPOSED USE.OF 2014 COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) FUNDS
Mr. Boganey introduced the review of potential recipients for Community Development Block
Grant funding. He added a Public Hearing is required before the CDBG program can be
adopted. He noted CDBG funds are limited to specific activities and uses, including programs
that provide assistance to low-income people. He introduced Assistant City Manager/Director of
Building and Community Standards Vickie Schleuning, and invited her to address the City
Council.
Ms. Schleuning stated_ City staff is requesting the City Council's consideration of applicants to
receive 2014 CDBG funding allocations, and to hear comments from applicants during the
Public Hearing. She noted a maximum of 15% of CDBG funds is allowed for allocation toward
public services.
Ms. Schleuning provided an overview of federal CDBG funds, for which the City of Brooklyn
Center is a sub-recipient through Hennepin County. She added CDBG funds must satisfy
national objectives benefiting low income persons, prevention, or elimination of slums and/or
blight; meeting urgent community needs. She reviewed 2013 CDBG distribution, and stressed`
that 2014 allocation amounts can be adjusted throughout the year.
Ms. Schleuning reviewed the 2014 applicants for the City's CDBG funding; Home Line Tenant
Advocacy Services; Community Emergency Assistance Program (CEAP); Senior Community
Services; Avenues for Homeless Youth; and Pro USA. She stated Home Line has participated in
the City's CDBG program for 5 years.
Ms. Schleuning stated Community Emergency Assistance Program (CEAP) has participated in
the City's CDBG program for 14 years. She added CEAP's services include the local Meals on
Wheels program as well as senior chore services.
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Ms. Schleuning stated, in 2013, Senior Community Services' volunteers provided 1,038 hours of
service to 84 residents in Brooklyn Center over the age of 60, including home maintenance and
chores. She added this organization has participated in the City's CDBG program for 19 years.
Ms. Schleuning stated Avenues for Homeless Youth is partnering with the Brooklyn Park EDA
to open a 10-bed shelter transitional housing program for homeless youth. She added this
program plans to support 30 to 40 homeless youth every year. She noted the Brooklyn Center
Police Department is supportive of this program and its efforts on behalf of the City's homeless
youth.
Ms. Schleuning stated PRO USA, a financial literacy training program for youth,hopes to train
over 50 secondary school students.
Ms. Schleuning stated all the requests for CDBG funding are public service-related, and
therefore fall under the 15% maximum allocation. She reviewed City staff's recommendations
for allocation of 2014 CDBG funds, including 3 options for the City Council's consideration.
Mayor Willson asked how many residential properties there are in Brooklyn Center. Ms.
Schleuning stated there are 7,800 single-family homes.
Mr. Boganey stressed that eligible recipients of CDBG funding must demonstrate the ability and
willingness to provide documentation and maintain sufficient records of funding allocation. Ms.
Schleuning stated the funding applicants were present to provide more information about their
programs.
Mayor Willson reviewed an article in US Mayor newspaper, in which HUD Secretary Shaun
Donovan discusses how programs like CDBG can have a positive impact on economic
development. He also reviewed an article regarding DollarWise, a financial education and
summer youth jobs initiative. He asked Mr. Boganey to instruct City staff to provide copies of
these articles for the City Council.
Councilmember Myszkowski moved and Councilmember Ryan seconded to open the Public
Hearing.
Motion passed unanimously.
Alyssa Kriesel stated she represents Senior Community Services' Household Outside
Maintenance for the Elderly (H.O.M.E.) program. She added the program has received CDBG
funding through Brooklyn Center for 19 years. She noted H.O.M.E. volunteers did 240 hours of
volunteer work in Brooklyn Center in 2013.
Mr. Boganey asked how the H.O.M.E. program is made known and available to seniors in
Brooklyn Center. Ms. Kriesel stated H.O.M.E.'s coordinators reach out to various churches and
civic organizations in all of the cities that the program serves.
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Councilmember Ryan requested clarification with regard to the program's paid staff and
volunteer workers. Ms. Kriesel stated volunteer groups contact them directly to offer their
services, and the program's paid employees coordinate the provision of services to seniors in
need of assistance.
Deb Loon, Executive Director of Avenues for Homeless Youth, stated her organization is a non-
profit network, which provides housing and support to homeless youth, and recognizes the lack
of options available to young homeless people. She added the proposed 10-bed shelter in
Brooklyn Park would allow homeless youth to stay in their community and minimize disruption
in their lives.
Ms. Loon stated the organization is working with Brooklyn Park EDA to acquire and renovate a
property in that city which would provide shelter and 24-hour support to homeless youth
between the ages of 16-21, and would accommodate 30-40 young people every year.
Councilmember Kleven thanked Ms. Loon for her service to the youth of the community. She
added she is thrilled that Avenues for Homeless Youth is among the applicants for the City's
CDBG funding.
Councilmember Myszkowski stated the proposed shelter would fill a critical need with regard to
the care and housing of homeless youth. She asked whether teens younger than 16 will be
welcome at the shelter. Ms. Loon stated the shelter will be subject to State guidelines pertaining
to the juvenile homeless population, and youth between the ages of 10-17 are accepted at other
facilities.
Councilmember Ryan asked whether the proposed shelter would have an annual operating
budget, and whether Brooklyn Park is providing the property. Ms. Loon stated the facility will
cost approximately $600,000 annually, and Brooklyn Park will lease the property to Avenues for
Homeless Youth for$1 per year. Mayor Willson stated that is an excellent dollar investment for
Brooklyn Park. Ms. Loon agreed.
Eric Hauge, Home Line Tenant Advocacy Services, thanked the City for past program support.
He stated the program provided tenant counseling for 230 renter households and prevented 24
evictions in Brooklyn Center in 2013. He added the program provides assistance to mostly low-
income renters.
Councilmember Kleven asked whether Home Line assists renters who have difficulty getting
their security deposits back. Mr. Hauge stated that is one of the top reasons that people call. He
added the program provides basic information for renters about how to get their deposit back,
which can make or break a person's ability to find and afford new housing.
Stephen Wreh-Wilson, Executive Director, Pro USA, stated he is new to this organization, and
hopes to provide financial literacy training for 50 secondary school students in 2014. He added
the training would be provided in a classroom setting, exposing students to real-life financial
decisions, and providing opportunities for mentorship and volunteering.
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Councilmember Kleven asked how often classes would be offered, and whether community
volunteers would be recruited by Pro USA. Mr. Wreh-Wilson stated he is currently in the
process of recruiting trainers and organizing classes. He confirmed that Pro USA would be
seeking volunteer support.
Mayor Willson stated the Council's packet included a staff report indicating that the application
for CDBG funds from Pro USA was late and incomplete. He added compliance with application
deadlines is a critical part of the process. Mr. Wreh-Wilson stated it was necessary to update and
re-submit the application after the deadline. He apologized for this mistake.
Byron Laher, Executive Director, CEAP, stated his organization is currently planning a
partnership with Senior Community Services. He added both programs have received funding
from Brooklyn Center's CDBG program, and a continuing relationship between them will supply
a joint volunteer labor force as well as a transfer of independent contractors to the H.O.M.E.
program. He noted CEAP provides 30,000 meals to low-income seniors every year through the
Meals on Wheels program, which ran out of funding during the State legislative sequester in the
fall of 2013.
Mr. Laher stated CEAP's Meals on Wheels program has partnered with commercial industries as
well as food shelf networks, and about 65 volunteers every week engage the community and
provide contact for seniors who would not otherwise have access to food and companionship. He
added there are 37 programs in the metropolitan area, and the Brooklyn Center's program was
one of only two that delivered meals during the coldest days of January 2014.
Councilmember Kleven stated the Meals on Wheels program is a blessing for seniors who are
not able to leave their homes, and thanked Mr. Laher for his commitment to the program.
Councilmember Ryan moved and Councilmember Myszkowski seconded to close the Public
Hearing.
Motion passed unanimously.
Councilmember Ryan stated he supports Option 3, although reducing any of the requested
funding is difficult.
Mayor Willson concurred, adding that the needs of the community are greater than the available
funding limits.
Councilmember Myszkowski stated she would support Option 3 as the most appropriate
solution, adding all the program applicants provide invaluable services to the community. She
expressed satisfaction that the City is able to go beyond the County allocation guideline of three
service providers, and become part of an overall solution to many of the public service needs of
the community.
Councilmember Lawrence-Anderson stated she also supports Option 3, adding all the
organizations requesting CDBG funding provide important services to residents. She noted
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youth homelessness represents a real crisis in the community, and she supports the focus of
energy and resources on that issue.
Councilmember Ryan moved and Councilmember Myszkowski seconded to direct staff
regarding the allocation of the CDBG Funds, recommending the adoption of 2014 CDBG
Allocation Option 3.
Motion passed unanimously.
9. PLANNING COMMISSION ITEMS
-None.
10. COUNCIL CONSIDERATION ITEMS
-None.
11. COUNCIL REPORT
Councilmember Ryan reported on his attendance at the following and provided information on
the following upcoming events:
• January 30, 2014,planned to attend Metro Cities Water Forum
• January 31 — February 1, 2014, Experienced Officials: 2014 Leadership Conference,
sponsored by League of Minnesota Cities, Earle Brown Heritage Center
• February 1, 2014, Polar Bear Plunge to benefit the Special Olympics by members of the
Brooklyn Center Police Department
• February 2, 2014, Lions Club Waffle Breakfast,Brooklyn Center High School
• February 11, 2014, organization meeting for Crime Prevention Association's book drive
fundraiser
• February 13,2014,Grand Opening of ITT Technical Institute
Councilmember Kleven reported on her attendance at the following and provided information on
the following upcoming events:
• January 24, 2014,Panda Express opened at Shingle Creek Crossing
• January 31 — February 1, 2014, Experienced Officials: 2014 Leadership Conference,
sponsored by League of Minnesota Cities,Earle Brown Heritage Center
• February 4, 2014, Multicultural Advisory Committee meeting featuring presentation by
Liberia trip participants and update from Police Commander Tim Gannon
• February 6, 2014, Best Western Hotel Grand Opening
Councilmember Myszkowski reported on her attendance at the following and provided
information on the following upcoming events:
• February 2,2014, Lions Club Waffle Breakfast, Brooklyn Center High School
• February 4, 2014, Multicultural Advisory Committee meeting featuring presentation by
Liberia trip participants and update from Police Commander Tim Gannon
02/10/14 -9-
Councilmember Myszkowski gave a brief reflection in memory of Joan Mondale, who passed
away on February 3, 2014. Former Second Lady Mondale was a strong supporter of public art,
and volunteered in a student arts program at Garden City Elementary School beginning in 2003.
Councilmember Lawrence-Anderson reported on her attendance at the following and provided
information on the following upcoming events:
• February 3, 2014, Brooklyn Center Business Association Executive Board meeting
• February 4, 2014, dined at Schlotzky's in Shingle Creek Crossing
• February 6,2014, Best Western Hotel Grand Opening
• February 9,2014,dined at Panda Express Restaurant in Shingle Creek Crossing
• February 20, 2014, Brooklyn Center Business Association luncheon, collecting donations of
food for CEAP in connection with Minnesota Foodshare's March Campaign
Mayor Willson reported on his attendance at the following and provided information on the
following upcoming events:
• January 14, 2014, itinerary meeting with Liberia trip delegation
• January 15, 2014, grand opening of Schlotzky's in Shingle Creek Crossing
• January 16, 2014, Cable TV Channel 12 "Mayor's Minute"videotaping
• January 18-21, 2014, visited Voinjama, Liberia with Councilmember Myszkowski, City
Manager Boganey, and Cultural Liaison Monique Drier and her son Trey; forged Sister City
agreement and received the Key to the City from Voinjama Mayor Yonger Sherman
• February 4, 2014, "Champions for Youth" video recorded at Hennepin County Government
Center-to be shown at Afterschool Summit on February 27, 2014
• February 6, 2014, Best Western Hotel Grand Opening
• February 7, 2014,read to second graders at Northport Elementary School
• February 12, 2014, Liberia Trip presentation and Sun Post Newspaper interview
• February 12, 2014, Cable TV Channel 12 "Mayor's Minute"videotaping
• February 18, 2014, Immigration Review meeting at Brooklyn Center Library with
Commissioner Mike Opat
• March 3, 2014, "Read Across America"at Evergreen Park Elementary School between 10:00
a.m.-3:45 p.m.
Mayor Willson recognized David Luther of Luther Automotive Group, one of four national
finalists for Time Magazine 2014 Dealer of the Year.
12. ADJOURNMENT
Councilmember Ryan moved and Councilmember Myszkowski seconded adjournment of the
City Council meeting at 8:51 p.m.
Motion passed unanimously.
02/10/14 -10-
STATE OF MINNESOTA)
COUNTY OF HENNEPIN) ss. Certification of Minutes
CITY OF BROOKLYN CENTER)
The undersigned, being the duly qualified and appointed City Clerk of the City of
Brooklyn Center,Minnesota, certifies:
1. That attached hereto is a full, true, and complete transcript of the minutes of a
Regular Session of the City Council of the City of Brooklyn Center held on
February 10, 2014.
2. That said meeting was held pursuant to due call and notice thereof and was duly
held at Brooklyn Center City Hall.
3. That the City Council adopted said minutes a t its
Feb� ' 24 2014, Regular
Session.
J-KJW
City Clerk Mayor
02/10/14 -11-
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/ECONOMIC
DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER
IN THE COUNTY OF HENNEPIN AND
THE STATE OF MINNESOTA
WORK SESSION
FEBRUARY 10, 2014
CITY HALL—COUNCIL CHAMBERS
CALL TO ORDER
The Brooklyn Center City Council/Economic Development Authority (EDA) met in Work
Session called to order by Mayor/President Tim Willson at 8:55 p.m.
ROLL CALL
Mayor/President/President Tim Willson and Councilmembers/Commissioners Carol Kleven,
Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present were City Manager
Curt Boganey, Public Works Director/City Engineer Steve Lillehaug, Assistant City
Manager/Director of Building & Community Standards Vickie Schleuning, City Attorney
Charlie LeFevere, and Mary Mullen, TimeSaver Off Site Secretarial, Inc.
CITY OF BROOKLYN CENTER
PEDESTRIAN AND BICYCLE PLAN UPDATE—continued
Councilmember/Commissioner Kleven asked whether the proposed plan includes a trail on both
sides of 69th Avenue,west of Brooklyn Boulevard. Mr. Lillehaug stated there is currently a trail
on the south side of 69th Avenue, and the north side has been identified as a potential trail
location.
Councilmember/Commissioner Kleven stated she understood that the City has been involved in
planning efforts with Three Rivers Park District to establish a connection to the regional trail.
She added she thought that 57th Avenue was identified as a possible location for that connection.
She noted the south side of 57th Avenue would be the best spot for a trail expansion as there is
currently a sidewalk there.
Councilmember/Commissioner Myszkowski thanked Mr. Lillehaug and City staff for their
efforts in promoting community involvement. She added the proposed plan is comprehensive
and she was glad to see feedback and comments from residents. Mr. Lillehaug stated City staff
received approximately 165 public comments, which is a good response.
Councilmember/Commissioner Ryan stated he would hope that any potential projects associated
with this plan would be brought before the City Council/EDA for review. Mr. Lillehaug stated
the plan has been undertaken to guide City staff in planning and implementing infrastructure
improvements that will be in line with the pedestrian and bike plan. He added the plans would
require final City Council/EDA approval.
02/10/14 -1-
Mr. Boganey stated City staff would provide further details when formal action is required. It
was the majority consensus of the City Council/EDA to support the recommendations of City
staff with regard to the City of Brooklyn Center Pedestrian and Bicycle Plan.
Mr. Boganey stated the following two items should be added to the Work Session Agenda:
Choose a date/time for City Manager's Review; and Mayor/President Willson's planned
attendance at the US Annual.Conference of Mayors from June 20-23.
CITY MANAGER'S REVIEW
It was the majority consensus-of the City Council/EDA to meet on Thursday, February 20, 2014,
at 6:00 p.m. to discuss the City Managers Review. Mr. Boganey and Mr. LeFevere agreed.
ANNUAL U.S. CONFERENCE OF MAYORS
Mayor/President Willson stated he plans to attend the 82"d Annual U.S. Conference of Mayors
from June 20-23, 2014, in Dallas,Texas. He added he would like to meet with City staff prior to
this trip to discuss travel arrangements and other related plans.
E-CIGARETTE REPORT
Mr. Boganey stated the City Council/EDA directed City staff to gather data and information and
provide an analysis of e-cigarettes as well as their regulation and use. He added City staff is
requesting the City Council/EDA's direction and comments on this issue. He introduced Police
Commander Tim Gannon, who has been the lead on this project.
Commander Gannon presented a report regarding e-cigarettes and nicotine delivery systems. He
recognized the efforts and hard work of Juvenile Officer Kris Knodle,whose help was invaluable
due to his involvement with and knowledge of juveniles.
Commander Gannon stated the City of Brooklyn Center conducts three annual random
compliance checks, during which the City's Youth Explorers attempt to purchase tobacco
products at local businesses that sell them. He added there were eight failed compliance checks
in 2013, with no repeat failures. He noted sales of tobacco products to children are prohibited
under State Statute 609.6855.
Mayor/President Willson stated the compliance checks appear to be effective as there are no
repeat violations. Commander Gannon agreed, adding tobacco sales to a minor is a chargeable
offense and could lead to a gross misdemeanor charge. He added, however, 13 of the 24
businesses in Brooklyn Center that sell tobacco products also sell e-cigarettes, and only four of
those locations sell vaporizer kits which include nicotine and flavor add-ons, and one business
allows on-site sampling.
Commander Gannon recognized the importance of preventative measures to keep tobacco
products out of the hands of juveniles, and preventing repeated use and possible addiction. He
added vaping devices are not popular with youth because of the $40-50 price range, and.
02/10/14 -2-
compliance checks within the business community are a unique and effective method of
controlling sales to minors.
Mayor/President Willson stated the e-cigarettes look like cigarettes and are marketed in a variety
of flavors that are appealing to minors. He added it would be easy for young people to think they
are safe to use, and the price will probably come down over time. He noted there is currently
insufficient information regarding the health effects of e-cigarettes.
Commander Gannon stated many cities use a model policy provided by the Public Health Law
Center, which outlines legislation that defines tobacco products. He added 25 Minnesota cities
have updated their tobacco ordinances to include tobacco-related products, and 4 cities have
limited the proximity of tobacco retailers to youth-oriented facilities.
Commander Gannon thanked Emily Anderson of The Association for Non-Smokers Minnesota
and Mr. LeFevere for providing policy information and guidance in the analysis of this issue. He
added, with regard to new ordinance language, the City of Brooklyn Center could take
precautionary steps to ensure that e-cigarettes are sold only to those who are old enough to
purchase them.
Mayor/President Willson stated, in his opinion, he cannot understand how anyone would believe
that nicotine is not a health hazard,not only for smokers but also for people around them.
'Councilmember/Commissioner Ryan thanked Commander Gannon for the comprehensive
report. He asked whether the City could limit sampling of e-cigarettes under the Minnesota
Clean Indoor Air Act. Commander Gannon stated it is important to have an understanding of
tobacco-related products, and how the term "smoking" is defined. He added many cities have
adopted their own versions of the Clean Indoor Air Act rather than wait for the State to redefine
it. Councilmember/Commissioner Ryan stated the most pressing task is to redefine tobacco use,
and prohibit sampling in public places.
Mr. Boganey stated the City cannot adopt ordinances that are less restrictive than the State, but
they can adopt ordinances that are more restrictive.
Councilmember/Commissioner Lawrence-Anderson thanked Commander Gannon and Officer
Knodle for their hard work on this issue. She stated she has been extremely concerned about
access to vaping devices for minors, and the possibility of creating a new generation of people
addicted to nicotine. She added it is difficult to obtain information about the amounts of nicotine
in vaping devices, since it is not FDA-approved.
Councilmember/Commissioner Myszkowski stated the City should be proactive and prevent
nicotine addiction in families.
Mayor/President Willson thanked Commander Gannon for providing research and information to
the City Council/EDA. He added the use of vaping devices is an emerging trend in the City,and
he appreciates the Police Department's help in identifying best practices for future restrictions.
02/10/14 -3-
Mayor/President Willson stated he has been searching for ordinance language that could be
crafted into an all-encompassing amendment. He added he would like to prohibit tobacco use in
public areas, and restrict use of vaping devices as much as possible.
Councilmember/Commissioner Ryan stated the City must exercise its authority to restrict the
sale of devices to anyone under 18. He stated the City Council/EDA is within its authority to
limit sampling in retail establishments, but he would feel more confident if solid evidence about
vapor emissions was available. He added he would support the prohibition of use in public
places.
It was the majority consensus of the City Council/EDA to instruct staff to provide sample
ordinance language related to vaping devices for the City Council/EDA's review. Mr. Boganey
agreed to provide draft ordinance excerpts for City Council discussion and decision.
ADJOURNMENT
Councilmember/Commissioner Ryan moved and Councilmember/Commissioner Lawrence-
Anderson seconded adjournment of the City Council/Economic Development Authority Work
Session at 9:45 p.m.
Motion passed unanimously.
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STATE OF MINNESOTA)
COUNTY OF HENNEPIN) ss. Certification of Minutes
CITY OF BROOKLYN CENTER)
The undersigned, being the duly qualified and appointed City Clerk of the City of Brooklyn
Center, Minnesota, certifies:
I. That attached hereto is a full, true, and complete transcript of the minutes of a Work
Session of the City Council of the City of Brooklyn Center held on February 10,2014.
2. That said d was duly held at
d meeting was held pursuant to due call and notice thereof y
Brooklyn Center City Hall.
3. That the City Council adopted said minutes at its February 24,2014,Regular Session.
City Clerk Mayor
02/10/14 -5-