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HomeMy WebLinkAbout2015 05-11 CCM Study 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 STUDY SESSION MAY 11, 2015 CITY HALL—COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Study Session called to order by Mayor Tim Willson at 6:00 p.m. ROLL CALL Mayor Tim Willson and Councilmembers April Graves, Lin Myszkowski, and Dan Ryan. Councilmember Kris Lawrence-Anderson was absent and excused. Also present were City Manager Curt Boganey, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Finance Director Nate Reinhardt, and Brittney Berndt, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember Ryan requested the following correction to the City Council Regular Session minutes of April 27, 2015: Page 77 Item 10b, 3rd paragraph, 1St sentence, `...will tie the City to certain projects or beliefs programs but rather give...' It was the majority consensus of the City Council to accept the correction to the April 27, 2015, City Council Regular Session minutes. Councilmember Graves requested discussion on City Council Regular Session Consent Agenda Item 6d, Resolution Accepting Bid and Awarding a Contract, Improvement Project Nos. 2015- 05, 06, 07 and 08, 63rd Avenue Street and Utility Improvements, in particular she questioned if the City Council should be taking action to approve the resolution at tonight's meeting or if they should wait until after the next public meeting. City Manager Curt Boganey stated that the intent for the next public meeting was informational for residents. He explained that the meeting would include how the project will run and what the residents can expect during construction. Mayor Willson added to Mr. Boganey's comments that the input stage for citizens was a few months ago prior to the bids being collected. Councilmember Ryan concurred with both Mayor Willson and Mr. Boganey. 05/11/15 -1- MISCELLANEOUS Councilmember Myszkowski asked about the old gas station that recently closed. Mayor Willson stated that the property will be an expansion of the new Luther Volkswagen dealership. Mr. Boganey mentioned that Councilmember Lawrence-Anderson would be absent from this evening's meeting, but she sent her thoughts on the Work Session topic to the others in the form of an e-mail, which he distributed. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS &CIGARETTES IN PUBLIC PLACES Director of Community Activities, Recreation and Services Jim Glasoe explained that the Park and Recreation Commission has been discussing the current tobacco ordinance, more specifically, how the ordinance should be amended to include e-cigarettes and/or vaping while in public parks. Mr. Glasoe stated that after a lengthy debate, the Commission has made the recommendation to leave the ordinance language the same and make no changes to the policy. He said this recommendation passed on a 4-2 vote, in which the opposing two wanted a full ban on all tobacco product use in public places. Mayor Willson stated that he does not like how tobacco companies have been working to build their sales by targeting youth with e-cigarettes and their flavoring. Councilmember Graves explained as the Council liaison to the Park and Recreation Commission, she was there throughout the debate and stated she believed that the Commission did a great job in listening and making an informed decision. She went on to explain not only did a debate happen but also the Brooklyn Youth Alliance was brought in to explain their stance on this topic as it affects the youth. She further said the Alliance stated they were in support of a full ban of tobacco products in the parks but didn't want this to be an enforceable action by law enforcement. Councilmember Graves continued that she would align herself with the youth in supporting a full ban, but she doesn't want to see people getting tickets or citations or in legal trouble for smoking in the park. Mayor Willson stated that he is for individual rights and empathizes with those who are smokers but thinks that a ban would be appropriate. Councilmember Myszkowski read the e-mail that Councilmember Lawrence-Anderson sent to Mr. Boganey. The e-mail expresses Councilmember Lawrence-Anderson's desire to have the current policy overturned regarding smoking in the parks. She cites that other cities around Brooklyn Center have made a hard stance on smoking and vaping within their parks not limited to if children are present. Councilmember Myszkowski concurs with Councilmember Lawrence- Anderson's e-mail and referred to the map showing the areas in which full tobacco bans exist. Councilmember Myszkowski stated that Fridley, Crystal, St. Louis Park, and Brooklyn Center are the only four communities in the area that do not have a full tobacco ban in place and she thinks not having a ban in place is reflecting on the community. She explained that with vaping, 05/11/15 -2- youth especially are using e-cigarettes to make tricks; when it comes to exhaling the smoke/vapor, these tricks typically are elaborate and require the youth to practice and train. She continued on to state that she was very proud of the youth who presented for the Alliance and enjoyed watching them evolve throughout the research process. Councilmember Graves stated that she is on the Minneapolis Youth Coordinating Board Action Team and the Minneapolis Youth Congress is working on ordinances that will be in place limiting the places one can buy a single flavor wrap. She stated that more communities are working to get policies and ordinances in place preventing the industries from targeting youth. Councilmember Ryan asked Mr. Glasoe if the State Law treats e-cigarettes or vaping as they do a typical cigarette. Mr. Glasoe responded affirmatively. Councilmember Ryan stated that he has issues with making this a policy or ordinance because he is afraid that law enforcement will not enforce it such as other laws like littering in which the enforcement levels are low. He explained he is in support of the full ban but would like to learn more on how it will be enforced. Mayor Willson concurred. Mr. Boganey asked Mr. Glasoe since the majority of the City Council would like to see some change to the ordinance/policy, what are the next steps. Mr. Glasoe described the two options the City Council has in requesting a policy update in which no enforcement can be done or an ordinance update in which enforcement options will be in effect. Mayor Willson and Councilmember Myszkowski both stated that they would like to see the ordinance change over the policy. Councilmember Ryan asked Mr. Glasoe if it would be a petty misdemeanor for the people who are caught breaking this ordinance. Mr. Glasoe confirmed it could be if the resident were to receive a citation. Councilmember Graves said she believes that making it an ordinance and punishable rather than revising the policy would only be hurting the youth. Her reasoning was that the youth who are not permitted to smoke around their homes would turn to the park and could eventually be ticketed for breaking the ordinance. Councilmember Ryan disagreed stating that if youth receive tickets for smoking it might help as a deterrent from purchasing or using tobacco products. He thinks that changing the ordinance would send a stronger message to the public and the youth that Brooklyn Center cares about health. Councilmember Graves cited that Minneapolis is now in the process of changing its ordinances regarding loitering and spitting because they have found it targets certain segments of the population. She is afraid that will happen in Brooklyn Center if this is passed as an ordinance and believes that the same outcome could be reached with policy. 05/11/15 -3- Councilmember Myszkowski stated that in all of her years of walking in the parks she has only counted a limited number of people who were smoking in the parks. She believes that having a revision to the ordinance would be better because it would send a message to the public that the City Council does care about helping youth avoid the pitfalls of smoking. Councilmember Ryan brought up the fact that there are softball games in the park, which serves alcohol, and wondered how the number of citizens who attend those games would feel regarding this ban. Councilmember Myszkowski stated that the City does not want to contradict itself so smoking would be banned at the Dudley as it would be at every park. Mayor Willson pointed out that when law enforcement is out patrolling the games, they would need to cite individuals who are violating the ordinance. Mr. Boganey indicated that law enforcement have discretion in certain situations, so the police officers could issue verbal and written warnings. He went on to explain the Police are not required to issue citations every time someone breaks an ordinance, just as they don't issue a ticket for every speeder or rolling through a STOP sign violation. Mr. Boganey explained that the enforceable actions could be issued to those who do not comply with the officers' requests. Mayor Willson stated that he would have a hard time supporting an ordinance change that would not be fully enforced at all times. He stated for this reason,he is in support of a policy change. Councilmember Myszkowski stated she supported an ordinance change. Councilmember Graves stated that she is in support of a policy change because she is concerned with the enforcement actions that would be taken. Councilmember Ryan stated he supported an ordinance change, only because there would be consequences for those who do not comply. Mr. Boganey suggested since the City Council was split on a decision, the City staff could work through both policy and ordinance changes and bring them back to the City Council for consideration and adoption. It was the majority consensus of the City Council that City staff provide both policy and ordinance changes for City Council consideration and adoption regarding e-cigarettes and tobacco use. ADJOURNMENT Mayor Willson adjourned the Study Session at 6:44 p.m. 05/11/15 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: 1. That attached hereto is a full, true, and complete transcript of the minutes of a Study/Work Session of the City Council of the City of Brooklyn Center held on May 11, 2015. 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 at its May 26, 2015, Regular Session. City Clerk Mayor 05/11/15 -5-