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HomeMy WebLinkAbout2014 02-10 CCM Work Session 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. 02/10/14 -4- 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-