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031020 CAC�( Citizen Advisory Commission Meeting y ' City a, X Hall, 4401 lon Avenue North Y Tuesday, March 10, 2020 7 p.m. 1. Call to Order. 2. Welcome New Commissioner, Scott Kulzer. 3. Roll Call. 4. Approval of February 11, 2020 Minutes. 5. Meadow Lake Project and Public Works 2020 Project Update with Megan Hedstrom, Storm Water Specialist/Project Coordinator and Bernie Weber, Director of Public Works. 6. Continue discussion of 2020 agenda topics. 7. Park assignments for 2020. 8. Brainstorming - Ideas to bring attention to New Hope. 9. Update on Pool and Park projects. 10. Begin Park playground project update. 11. Other business. 12. Adjournment. If you are unable to attend the meeting, please contact Susan Rader at 763-531-5152 or srader@newhopemn.gov CITY OF NEW HOPE 4401 XYLON AVENUE NORTH NEW HOPE, MINNESOTA 55428 Citizen Advisory Commission February 11, 2020 Regular Meeting New Hope City Hall, 7 p.m. CALL TO ORDER Vice Chair Herman called the meeting to order at 7 p.m. ROLL CALL Present: Commissioners Randy Herman, Mike Isenberg, Rick Riley, Mike Terres, Bill Wills Absent: Commissioner Jon Bauer Staff Present: Susan Rader, Staff Liaison Brandon Bell, Community Development Assistant Also Present: Gretchen Garman, Hennepin County Public Health APPROVAL OF MINUTES Commissioner Wills made a motion to approve the minutes of the January 14, 2020 meeting. Commissioner Isenberg seconded the motion. Voting in favor: Commissioners Herman, Isenberg, Riley, Terres, Wills. Opposed: None. Absent: Chair Bauer. Motion carried. DISCUSS TOBACCO 21 Brandon Bell, Community Development Assistant, addressed the commissioners and audience. He reviewed that in fall 2019, council approached staff to look into potential tobacco prevention ordinances that the city could adopt. He reported that staff completed a study and presented findings to the city council at the December 2019 work session. At that time, staff proposed that the Citizen Advisory Commission discuss this topic and offer recommendations. Mr. Bell explained that a primary topic of discussion at the December work session was Tobacco 21, legislation that proposed raising the age of tobacco sales from 18 to 21. He noted that the federal government did adopt that legislation approximately one week later. He also reported that in February, the federal government banned the sale of flavored cartridge -based e - cigarettes, other than tobacco or menthol flavors. Mr. Bell discussed options that the citizen advisory commission could take. They included: 1. Make some or all of the advised changes suggested by the Mitchell Hamline Public Health Law Center. This would include updating New Hope's code to align with current state and federal laws. 2. Prohibit the sale of all flavored tobacco products in the city. 3. Prohibit all flavored tobacco products except for menthol, mint and wintergreen. 4. Ban the sale of all tobacco and nicotine products from all New Hope Citizen Advisory Commission February 11, 2020 Page 1 locations except for adult -only tobacco stores. 5. Raise age limit of those legally allowed to sell tobacco products to 18. 6. Create a minimum price for small pack cigars and cigarillos. 7. Set a policy regarding set distances between retailers and youth - oriented facilities. 8. Restrict pharmacies or any retail establishment with an on-site pharmacy from renewal of their tobacco license. 9. Prohibit price discounting strategies by tobacco sales licensed retailers. 10. Set a cap on the number of tobacco licenses the city issues. 11. Promote higher enforcement measures on retailers. 12. Remove the city's possession, use and purchase laws. 13. Take no action beyond updating the city code to reflect new federal regulations, raising the age of product sales to 21 and banning the sale of all flavored cartridge -based e -cigarettes. Commissioner Riley mentioned that liquor sales violations were published in the Sun Post newspaper. He wondered if tobacco sales violations were posted as well. Mr. Bell was unsure, but noted that tobacco sales violations were discussed at the council level. Commissioner Riley also inquired about the penalty for tobacco sales violations. Mr. Bell replied that he was unsure of exact penalties, but commented that it usually involved a fine and suspension of the license for a period of time. Ms. Rader added that business owners were also required to address the city council. Mayor Hemken requested the floor, and reported that three compliance - check failures within a two-year period may result in removal of the license. Gretchen Garman, Hennepin County Public Health, addressed the commissioners and conducted a PowerPoint presentation. She began by reporting that tobacco is the number one cause of preventable death in the United States, killing approximately 480,000 people annually. She added that this resulted in about $586 million per year in excess healthcare costs, resulting in a tax burden of $753 per household annually. She mentioned that statistics indicated that those with lower incomes and less education were more likely to smoke, as well as African Americans, who were two times more likely to smoke than Caucasians. Ms. Garman displayed a slide indicating youth tobacco use data for the Robbinsdale School District, and noted that e -cigarettes were the most New Hope Citizen Advisory Commission February 11, 2020 Page 2 popular tobacco product among eighth- and eleventh -grade students. She reported that there were approximately 4,800 people under the age of 18 in New Hope, and about 5,300 people under age 21. Ms. Garman reported that of those students who used tobacco, the proportion of those who used menthol and flavored tobacco was very high. Ms. Garman discussed the students' perception of harming themselves by using e -cigarettes. She noted that approximately 20% of eighth- and eleventh -graders felt there was no risk. She added that among the overall student population, 78% of eleventh -graders felt that there was no, slight, or only a moderate health risk associated with e -cigarettes. Ms. Garman reported that the majority of underage students acquired e - cigarettes through social sources, including friends, acquaintances or parents. She added that approximately one in five reported purchasing directly from retailers. She displayed some of the different vaping products, cartridges and refills for the commissioners to view, and reported that the use of e -cigarettes had also increased among young adults. Ms. Garman discussed the appeal and accessibility to youth, and noted that in Minnesota, the tobacco industry spends approximately $114 million annually to promote its products, mostly in stores. She added that adopting retail policies is a recommended strategy to prevent youth from starting. Ms. Garman next reviewed recent federal legislation. She reminded the commissioners that Elie Tobacco 21 law had increased the minimum age for the purchase of tobacco products from 18 to 21. She added that it was recommended that cities amend their local ordinances to reflect this new law, which would provide clarity for enforcement and compliance of the law. Ms. Garman also reviewed the recent federal legislation regarding flavored e -cigarettes. She reported that the sale of flavored cartridge - based e -cigarettes had been banned, other than menthol or tobacco flavored, and noted that this law had gone into effect on February 6, 2020. Ms. Garman handed out information on the many products that were legally still available on the market, including disposable flavored e - cigarettes, flavored e -liquids, and open refillable systems. Commissioner Isenberg wondered about the difference between the banned products and those that remained legal. Ms. Garman replied that the ban applied to flavored, cartridge -based e - cigarettes only. Mr. Bell reminded the commissioners that cartridge -based tobacco- or menthol -Flavored products were exempt from the ban. New Hope Citizen Advisory Commission February 11, 2020 Page 3 Mr. Bell distributed a map explaining sales ordinance restrictions for tobacco in neighboring cities. Ms. Garman reported that two neighboring cities, Golden Valley and Plymouth, had adopted prevention policies related to tobacco sales. Ms. Garman then discussed the retail environment, and reported that there were 23 licensed tobacco retailers in 2016. She noted that there were currently 21 tobacco retailers, including 14 convenience/retail stores, one pharmacy, two tobacco shops, and four liquor stores. She displayed a map identifying retailer density, and explained that staff also completed observation visits at retail outlets, collecting data on products and marketing practices. Ms. Garman reported that location, density and type of tobacco retailers within a community had been associated with increases in both adult and youth tobacco use. She noted that four New Hope retailers were within 500 feet of a school, and 11 retailers were within 500 feet of a school and/or park. Ms. Garman discussed reasons why the minimum sales age matters. They included: • Most smokers start before age 21. • Nicotine harms the adolescent brain. • Expected decrease in usage by 15- to 17 -year olds by 25% due to reduced access to legal purchasers. • Needham, MA passed Tobacco 21 in 2005, resulting in a 50% reduction in the smoking rate compared to the rest of the state. No convenience stores went out of business. • Aligning with federal legislation would close gaps in compliance and enforcement. Ms. Garman then discussed the importance of restricting flavors. She reported that in 2009, the federal tobacco control act prohibited the sale of flavored cigarettes, with the exception of menthol or tobacco flavors. She noted however, that this restriction did not extend to other tobacco products, such as cigars, chewing tobacco and e -cigarettes. She felt that menthol was a youth product, and reported that 34% percent of high school students used menthol cigarettes, compared to 28% of adults. She added that e -cigarettes remained the most popular tobacco product among students surveyed. Ms. Garman also expressed concern over the age of the sales clerks. She reported that 16 -year olds could currently sell tobacco, and felt there was a risk of succumbing to peer pressure or other social consequences. She expressed concern over exposure to tobacco products and marketing, and felt that it was counter -intuitive to prevention. Ms. Garman suggested that price minimums be set for cigars, and noted that single cigars often cost less than $1 and came in a variety of flavors. She added that youth were three times more price sensitive than adults. New Hope Citizen Advisory Commission February 11, 2020 Page 4 Ms. Garman also felt it was important to restrict pharmacies from selling tobacco products due to the mixed message it sends to consumers. Vice Chair Herman referred to the slide identifying sources of tobacco products consumed by youth and wondered how that was determined_ Ms. Garman replied that information was compiled from the Minnesota Student Survey for the Robbinsdale School District, who had opted to participate in the survey. Commissioner Isenberg wondered if the actual number of Robbinsdale students who used tobacco products was available. Ms. Garman did not have that information with her, but noted that it was available. Commissioner Isenberg also asked whether the students had identified any of the retailers who had sold them tobacco products. Ms. Garman replied that the survey did not include a fill-in section. Commissioner Isenberg referred to information noting that students appeared to be uninformed about the dangers of e -cigarettes, and wondered how schools were addressing that. Ms. Garman commented that she worked with schools to provide training on how to share information with parents, students and staff, Commissioner Wills referred to the student surveys, and wondered if they could include questions regarding the dangers, as well as reasons, for continued use. Ms. Garman replied that the Minnesota Student Survey had been administered by other agencies. Commissioner Riley inquired whether the Robbinsdale School District was smoke-free. Ms. Garman replied yes, and noted that it was a federal law, which included the buildings as well as the grounds. For clarification, Ms. Garman noted that under the new Tobacco 21 law, it was still legal for individuals ages 18 to under 21 to use tobacco products, but they could not purchase them. Commissioner Isenberg wondered if it was truly necessary for local governments to change their ordinances. Ms. Garman felt that it was important for local ordinances to match federal laws. New Hope Citizen Advisory Commission February 11, 2020 Page 5 Ruth Tripp, Hennepin County Public Health, requested the floor. She advised staff to consult with their city attorney, but felt that ordinances that matched federal law were easier to enforce. She added that, at the federal level, the process for the Food and Drug Administration included a warning letter followed by monetary fines for non-compliance. OPEN PUBLIC HEARING Commissioner Isenberg made a motion to open the public hearing. Commissioner Terres seconded the motion. Voting in favor: Commissioners Herman, Isenberg, Riley, Terres, Wills. Opposed: None. Absent: Chair Bauer. Motion carried. Joseph Salem stated that his family owns Winnetka Fuel. He noted that his store already enforces Tobacco 21, and expressed concern that a change to the ordinance would put his store at a disadvantage in relation to the Crystal business across the street. He reported that single -pack cigars were $2 in Minnesota, not $0.99, as had been stated. He felt that any changes should be made at the state level to ensure fairness. He also commented that Minneapolis has a big problem with illegal sales of menthol cigarettes following a change to their ordinance. This resulted in a loss in tax revenue to the state. Brad Carlson, owner of the BP station on Medicine Lake Road and Winnetka Avenue, addressed the commissioners. He stated that his store also enforces Tobacco 21, and added that they do not sell e -cigarettes. He reported that cigarette companies were responsible for setting prices, and noted that to receive a buy down and still sell enough cigarettes to break even, sales needed to be at the state minimum. He added that his recommendation would be to align with Tobacco 21. Commissioner Wills wondered about increasing the age of the sales clerks to 21. Mr. Carlson did not think it would pose a burden. Chuck Durand, 7180 42-1 Ave N, stated that he had owned the Holiday station at this location for 11 years. He commented that it was his goal to keep tobacco products away from kids, but ultimately felt it was the parents' responsibility. He felt the data relating to children acquiring tobacco products was inaccurate, but noted that he fully supported the Tobacco 21 law. He expressed concern that banning the sale of menthol and flavored cigarettes would ruin his business. He informed the commissioners that he also had a store in St. Paul, where all flavored tobacco products had been banned for businesses like his. He reported that since that ban, his profits were down $165,000 and customer traffic was down by 93,000 people. He explained that in the past, customers who purchased tobacco products at his store typically purchased other items, including food, beverages and gas, and without that convenience, many went elsewhere. New Hope Citizen Advisory Commission February 11, 2020 Page 6 Ms. Garman clarified that the Robbinsdale School District data provided was from 2019, while the retailer data was from 2016. Mr. Durand replied that the law had changed since both of those studies. He felt that e -cigarettes posed a bigger problem, and stated that he would support a ban on flavored e -cigarettes. Commissioner Terres asked Mr. Durand for his opinion on raising the age of a sales clerk to 21. Mr. Durand replied that it would not pose a problem for hien, Tony Bangasser, 3124 Ensign Ave N, encouraged the city to adopt an ordinance. He stated that he would support an ordinance similar to the city of Robbinsdale, but commented that he would prefer to clone Golden Valley's ordinance. Mr. Bell thanked the audience for their input, and stated that he would compile all data for presentation at the council work session the following week. CLOSE PUBLIC HEARING Commissioner Terres made a motion to close the public hearing of the Citizen Advisory Commission. Commissioner Wills seconded the motion. Voting in favor: Commissioners Herman, Isenberg, Riley, Terres, Wills. Opposed: None. Absent: Chair Bauer. Motion carried. Commissioner Terres wondered whether the city of Crystal was considering any ordinance changes regarding Tobacco 21. Mr. Bell was unsure, but stated that he would make inquiries, Vice Chair Herman stated that he supported Tobacco 21. He added that he would also support limiting the number of licenses within the city. He was unsure whether minimum pricing should be set for cigars. Ms. Garman noted that many cigars are flavored and end up in the hands of children. Vice Chair Herman also mentioned that he would support raising the age of sales clerks to 21. Mayor Hemken requested the floor. She commented that the business owners appeared supportive of Tobacco 21, but had expressed concern over the ability to sell menthol, mint and wintergreen flavored tobacco products. Vice Chair Herman referred to the list of options included in the commissioners' packets, and stated that lie would be supportive of item #4: "Prohibit the sale of all Flavored tobacco products except for menthol, mint or wintergreen products in the city". New Hope Citizen Advisory Commission February 11, 2020 Page 7 Commissioner Riley felt that the age for those selling tobacco products should be 21. He supported reducing the number of tobacco licenses through attrition, and stated that he would support allowing the sale of menthol, mint and winter green flavors. Commissioner Isenberg stated that he too would support an exemption for menthol, mint and wintergreen flavors. He also supported raising the legal purchasing age to 21, reducing the number of tobacco licenses in the city through attrition, and setting minimum pricing for cigars. Commissioner Wills stated that he supported providing an exemption for menthol, mint and wintergreen flavors. He also felt that tobacco licenses should not be issued to pharmacies. Commissioner Isenberg added that he was also not in favor of issuing tobacco licenses to pharmacies. The commissioners thanked Mr. Bell, Ms. Garman, and the audience for addressing the Citizen Advisory Commission. ELECTION OF OFFICERS Commissioner Riley nominated Randy Herman to serve as Chair in 2020. Commissioner Wills seconded the motion. Voting in favor: Commissioners Herman, Isenberg, Riley, Terres, Wills. Opposed: None. Absent: Chair Bauer. Motion carried. Commissioner Riley nominated Mike Isenberg to serve as Vice Chair in 2020. Commissioner Terres seconded the motion. All present voted in favor. Motion carried. Commissioner Isenberg nominated Rick Riley to serve as Secretary in 2020. Commissioner Terres seconded the motion. Voting in favor: Commissioners Herman, Isenberg, Terres, Wills. Opposed: None. Abstained: Commissioner Riley. Absent: Chair Bauer. Motion carried. DISCUSS 2020 AGENDA Commissioner Wills mentioned that an improvement project was under TOPICS consideration for Meadow Lake. He wondered if a representative of the Shingle Creek Watershed Commission would like to discuss those plans with the Citizen Advisory Commission. Commissioner Isenberg asked for an update on CERT (Community Emergency Response Team), and noted that the liaison for the West Metro Fire District had changed. Ms. Rader stated that she would add those items to a future agenda. She reminded the commissioners that there would be no regular meeting in April, but noted that the Citizen Advisory Commission would conduct its annual dialog with the City Council on April 20. Commissioner Wills asked for an update on the snowman contest. New Hope Citizen Advisory Commission February 11, 2020 Page 8 Ms. Rader replied that the contest would close on March 31. She stated that the Citizen Advisory Commission would conduct judging via email in early April, and awards would be presented at the council meeting on April 27. Commissioner Riley expressed interest in inviting a representative of the farmer's market to discuss the return of the market in 2020. Following a brief discussion, Commissioner Riley stated that he would contact a representative of the farmer's market. IDEAS TO BRING Vice Chair Herman wondered whether the city of New Hope had a ATTENTION TO NEW HOPE slogan. He also wondered if the city might be interested in conducting podcasts. Commissioner Wills expressed concern that a podcast would add to the workload of city staff. Vice Chair Herman heard about cities that conducted networking events and wondered if an annual fall event could be held for businesses and self-employed people. Commissioner Terres stated that he would present that suggestion to the Business Networking Group for consideration. Vice Chair Herman mentioned that the Academy Awards had recently been held, and thought about showing the movies that were nominated for best picture, perhaps calling it "The Oscar Series". He also wondered about holding a 5K race during Duk Duk Daze. Ms. Rader reported that the festival would be changing to a one -day event, complete with a name change, and would be held in July. Commissioner Riley noted that Duk Duk Daze was actually a Lions Club event. Ms. Rader expressed concern that a 5K race could involve a great deal of planning and logistics, including police presence. Vice Chair Herman also mentioned that a large chess tournament was held each year at Breck school. He wondered whether a tournament could be held somewhere in New Hope, and felt it might be a big draw to the city. Mayor Hemken requested the floor. She stated that in past years, different groups had approached the Lions Club, requesting permission to run a tennis tournament or other event during Duk Duk Daze. She explained that those outside groups had handled planning and logistics. She suggested contacting the Lions Club to ask for space to hold a small New Hope Citizen Advisory Commission February 11, 2020 Page 9 tournament during this year's festival. Vice Chair Herman wondered whether the new outdoor theater would be used for concerts. Ms. Rader replied that it could be used for smaller ones. She mentioned that Wednesday Entertainment in the Park had been held in the past, and staff hoped to bring it back, in addition to the summer musical, theater classes and movies in the park. UPDATE ON POOL AND Ms. Rader reported that brick had been installed on the exterior of the PARK PROJECT mechanical building. She explained that installation of the metal roofing was nearly completed, although a section of the roof was still exposed to accommodate columns for the slide. She added that work on the interior of the bathhouse and mechanical buildings continued, and roofing was being installed on the picnic shelter. Commissioner Riley inquired about the large rock that had been unearthed during construction. Ms. Rader reported that a 10'x10' rock had been discovered during excavation for the shallow water pool, and was located just northwest of the mechanical building. She added that the least -expensive option would be to partially bury or fully bury it just outside the pool fence. BEGIN PARK PLAYGROUND Ms. Rader reminded the commissioners of the neighborhood survey, and PROJECT UPDATE noted that responses had been received. She stated that Flagship Recreation was in the process of preparing plans for the first committee meeting, which would be held on Wednesday, February 19 at 5 p.m. She added that Commissioners Isenberg and Terres planned to serve on the committee. OTHER BUSINESS Ms. Rader reminded the commissioners that the annual State of the City presentation would be held on Wednesday, February 12 at 7:30 a.m. ADJOURNMENT Commissioner Isenberg made a motion to adjourn the regular meeting of the Citizen Advisory Commission. Commissioner Terres seconded the motion. All present voted in favor. Motion carried. The meeting adjourned at 9:07 p.m. Respectfully submitted, Penny Spitzer Recording Secretary New Hope Citizen Advisory Commission February 11, 2020 Page 10 CAC AGENDA ITEMS FOR 2019 AS OF 3/2/20 The following is a tentative listing of major agenda items that have either been assigned to CAC, a CAC member has asked that the item be discussed, or city staff has asked that the item be discussed by CAC. *Regular Meetings: April 14 — No regular meeting Monday, April 20 — • Attend Council Work Session for annual dialogue May 12 — June 9 - July 14 — August 11— No meeting due to primary election September 8 — • Commissioner Bus Tour October 13 — November 10 — • Budget Update December 8 — *Note: A meeting may be cancelled if there are no agenda items. On-going • Ideas to bring attention to New Hope • Promotion of existing City programs: In Focus, RAVE, Outstanding Business, Next Door.com Updates • Pool and Civic Center Park projects • Park Projects Possible Future Topics • Farmers Market Update • Update on Nextdoor.com and city social media • CERT & Fire Dept Update • CD Update • Update on Morris Leatherman City Survey • City Drone Use and Policy CITIZEN ADVISORY COMMISSION PARK ASSIGNMENTS Meadow Lake Park — Meadow Lk Rd and Yukon Northwood Park — 381h and Boone Sunnyside Park — 47th and Quebec Terra Linda Park — Lamphere Drive and Med Lake Rd Victory Park — 55th and International Pkwy