HomeMy WebLinkAbout2019-10-28 City Council Workshop PacketPLEASE NOTE START TIME
AGENDA
MAPLEWOOD CITY COUNCIL
MANAGER WORKSHOP
5:30 P.M. Monday, October 28, 2019
City Hall, Council Chambers
A. CALL TO ORDER
B. ROLL CALL
C. APPROVAL OF AGENDA
D. UNFINISHED BUSINESS
None
E. NEW BUSINESS
1. Commissioner Interviews
2. Amendment to Ordinance Regulating Sale of Tobacco Products
F. ADJOURNMENT
RULES OF CIVILITY FOR THE CITY COUNCIL, BOARDS, COMMISSIONS AND OUR COMMUNITY
Following are rules of civility the City of Maplewood expects of everyone appearing at Council Meetings -
elected officials, staff and citizens. It is hoped that by following these simple rules, everyone's opinions can be
heard and understood in a reasonable manner. We appreciate the fact that when appearing at Council
meetings, it is understood that everyone will follow these principles:
Speak only for yourself, not for other council members or citizens - unless specifically tasked by your
colleagues to speak for the group or for citizens in the form of a petition.
Show respect during comments and/or discussions, listen actively and do not interrupt or talk amongst each
other.
Be respectful of the process, keeping order and decorum. Do not be critical of council members, staff or others
in public.
Be respectful of each other's time keeping remarks brief, to the point and non -repetitive.
THIS PAGE IS INTENTIONALLY LEFT BLANK
E1
CITY COUNCIL WORKSHOP STAFF REPORT
Meeting Date October 28, 2019
REPORT TO: Melinda Coleman, City Manager
REPORT FROM: Lois Knutson, Administrative Services & Performance Measurement
Coordinator
PRESENTER: Melinda Coleman, City Manager
AGENDA ITEM: Commissioner Interviews
Action Requested: ❑ Motion ✓ Discussion ❑ Public Hearing
Form of Action: ❑ Resolution ❑ Ordinance ❑ Contract/Agreement ❑ Proclamation
Policy Issue:
The City Council will be interviewing two candidates. Currently there is one opening on the
Environmental & Natural Resources Commission and one opening on the Parks & Recreation
Commission. Both openings are due to resignations.
Recommended Action:
Staff recommends that the Council interview the candidates as indicated in the schedule below.
The suggested questions will be submitted under separate cover to the Council. During the
interview process, Council Members should fill out their ballots. Once the interviews have
concluded, Council Members should submit their ballots to staff. The ballots will be tallied and the
results and recommendation for appointment will be brought back to the City Council during the
following regular meeting.
Time Candidate
5:30 pm Karen Poppa
5:40 pm Matthew Arnett
Fiscal Impact:
Commission
Parks & Recreation Commission
Environmental & Natural Resources Commission or
Parks & Recreation Commission
Is There a Fiscal Impact? ✓ No ❑ Yes, the true or estimated cost is $0.00
Financing source(s): ❑ Adopted Budget ❑ Budget Modification ❑ New Revenue Source
❑ Use of Reserves ✓ Other: n/a
Strategic Plan Relevance:
❑ Financial Sustainability ❑ Integrated Communication ❑ Targeted Redevelopment
❑ Operational Effectiveness ✓ Community Inclusiveness ❑ Infrastructure & Asset Mgmt.
The City's Commissions and Boards provide an opportunity for citizens to become involved in City
government and be a part of the decision making process.
Workshop Packet Page Number 1 of 19
E1
Background
N/A
Attachments
1. Candidate Applications
Workshop Packet Page Number 2 of 19
E1. Attachment 1
n
Maplewood
Contact Information
The City prohibits discrimination on the basis of race, color, creed, religion, national origin, sex, sexual orientation,
marital status. status Kith regard to public assistance, disability, or age in all aspects of our personnel policies,
practices, and operations.
The City Council holds regular meetings on the second and fourth Mondays of each month at 7 pm. Other meetings
include Council -Manager Workshops normally held on Monday evenings prior to the Council meeting, usually at 5 or
6 pm. Additional meetings may be scheduled as needed. A Council Member will be appointed to serve on other
boards and committees.
First Name *
Karen
Home Address*
Last Name *
Poppa
Street Address
2467 Barclay St.
Address Line 2
Cty
Maplewood
Fbstal ,' Zip Code
55109
State f Province l Region
MN
Country
USA
Mnnesota State Statute §13.601 staves that once an individual is appointed to a public body, the following additional items of data
are public:
(1) residential address; and
(2) either a telephone number or efecttmc mail ad&ess v>here the appointee can be reached, or both at the tequest of the
appointee.
Application Questions
Please check which r- Community Design Review Board
Board and/or
Commission you are r Heritage Preservation Commission
interested in
serving?* W Parks & Recreation Commission
F- Police Advisory Commission
F Environmental & Natural Resources
Commission
rW Housing & Economic Development
Commission
rW Planning Commission
Workshop Packet Page Number 3 of 19
E1, Attachment 1
How long have you
lived in the City of
Maplewood?*
Will other
commitments make
regular attendance
at meetings
difficult? *
Please list specific
reasons why you
would like to serve
on this Board or
Commission.*
Do you have any
specific areas of
interest within the
Board's or
Commission's scope
of
responsibilities? *
List any community
organizations or
activities in which
you have recently or
are now an active
participant. *
45.0
(' Yes C No
I live on Harvest Park and want to make sure the parks are well
taken care of and all people have access to the city/state trails
Maintaining and improving the city/state trails as they currently exist
in order to enhance all community members' access to outdoor
acitivities
I have not been on any committees or organizations
Please share any Maintaining access to all city/state trails greatly enhances a
additional comments community member's ability to live a healthy lifestyle and enjoy local
on why you should recreational activities. It is imperative that we continue to make our
be selected by the unique trails a priority for our community to enjoy for years to come.
City Council.
You may attach a. KAREN POPPA Resume 1,pdf 29.49KB
resume or other ix:If, cox docx, W. cxit, rtf
summary of your
background and
experience for
appointment to this.
Sign and Submit
Signature Submitted On*
112012019
04:09:28 PM
Workshop Packet Page Number 4 of 19
E1, Attachment 1
",e�^� �v Y'k
7f 9T
2467 BARCLAY ST., MAPLEWOOD, MN 55109
PROFESSIONAL SUMMARY
Enthusiastic Fifth Grade teacher with a knack for making learning exciting and enjoyable.
Motivated by the belief that all children can be successful learners. Particular interest and
passion for the teaching of American History.
Awards:
2006- Colonial Williamsburg Teacher Institute full scholarship. Attended in July of 2006
2006- KS95 radio "Teacher of the Week" award
2017- "Teacher of the Year" nomination by a former student
SKILLS
• Kind and empathetic educator
• Strong written and verbal communicator
Positive and encouraging
m Creative lesson planning
• Instructional best practices
• Experiential learning
Emphasis on the teaching of American History,
providing students with many experiential learning
experiences, and the ability to create a strong love
and interest of history in my students
WORK HISTORY
ST. JOSEPH'S CATHOLIC SCHOOL
• Purposeful lesson planning
RTI familiarity
• Self -motivated
• Fast learner
Successfully accomplished all responsibilities of a sixth grade classroom teacher. In addition to my lesson
Workshop Packet Page Number 5 of 19
CITY OF MAPLEWOOD
BOARDS AND COMMISSIONS
APPLICANT INFORMATION FORM
Name: Matthew Flint Arnett
E1, Attachment 1
Date: 4 Feb 2019
Personal Information
Minnesota State Statute §13.601 states that once an individual is appointed to a public body, the following additional items
of data are public:
(1) residential address; and
(2) either a telephone number or electronic mail address where the appointee can be reached, or both at the
request of the appointee.
ADDRESS. 1826 Agate St. City Maplewood Zip 55117
..,
EMAIL
1. Please check which Board and/or Commission you are interested in serving?
Housing & Economic Development Commission Human Rights Commission
Business Representative Resident d Parks & Recreation Commission
Community Design Review Board d Planning Commission
d Environmental & Natural Resources Commission d Police Advisory Commission
Heritage Preservation Commission d Police Civil Service Commission
2.1 -low long have you lived in Maplewood? since January 2019
3. Will other commitments make regular attendance at meetings difficult? Yes o
4. Please list specific reasons why you would like to serve on this Board or Commission?
Extensive history of volunteer involvement (see attached)
5. Do you have any specific areas of interest within the Board's or Commission's scope of
responsibilities?
No d
Throughout my life I have been safety, emergency preparedness, and outdoor focused. Combin
a
6. List any community organizations or activities in which you have recently or are now an active
participant.
BSA District, Crew, and Troop adult leader. FEMA CERT and CERT Train -the -Trainer. Campm�
0
Please share any additional comments on why you should be selected by the City Council.
Greetings from a new Maplewood homeowner, I would like to introduce myself and see if I migh
0
You may attach a resume or other summary of your background and experience for appointment to this Commission
THE INFORMATION CONTAINED IN THIS APPLICATION SHALL BE CLASSIFIED AS PUBLIC EXCEPT FOR
TELEPHONE NUMBERS, HOME ADDRESS AND E-MAIL ADDRESS.
Return or mail this application to: City of Maplewood, 1830 County Road 8 East, Maplewood, MN 55109
P:\Adminisrradon\Commissions\Commission - General Informarion\Boards & Commissions Applicarion docs
-nnnni.7
Workshop Packet Page Number 6 of 19
Matthe " )Cch
nett
URTICA LATE TECfINICAL MANAGER
1826 Agate Street
EXPERIENCE SUMMARY
Maplewood, MN 55117
Matthew "Matt" Arnett is a results -driven IT professional with 20+ years of hands-on
project, program, and process management experience. His professional career in solution
design, development, and implementation is supplemented by formal PM training and
BACKGROUND
certifications. Matt is able to create blended solutions based on his ITIL and a Masters
Volunteerism
Certification in Applied Project Management (which included PMI, Six Sigma, Agile, and
Project Manager
Advanced Healthcare PM Principles) background, to meet unique needs. A balance of work
Program Manager
and social responsibilities Matt has never been denied any government or other clearance
Process Development
and remains an extremely active volunteer who assists with many causes.
Personnel Management
Formal Communications
SKILLS INVENTORY
GPU / Machine Learning
Expertise in program- and project -management concepts including program
Mainframe/ Distributed
organization, contract negotiations (government and private sectors), scope
Worldwide Services Director
management, estimating & costing, task scheduling, resource planning / tracking,
Hands-on Development
and risk / change management. PM System Administrator for many solutions
Software and Hardware
Proven ability to deliver multiple projects simultaneously within a complex matrix
Extremely Secure Gov't.
organization across multiple internal teams and external software vendors
history
Team player and leader who mentors at every opportunity and is not hesitant in
taking some of the less pleasant tasks
PM TRACK EDUCATION
• A broadly experienced international business advisor proficient in enterprise
Master Certification, Applied
systems integration, information delivery, and process / workflow development
Project Management,
Villanova University [PMI,
Hands on 30+ year experience in hardware and software development
Six Sigma (6o), Agile, &
GPU servers, Artificial Intelligence / Machine Learning / Predictive Analytics /
Advanced PM Principles]
Evolutionary Algorithms, and processor design
ITIL
OSAM
EXPERIENCE HIGHLIGHTS
RSA
MOST CURRENT UHC, OPTUM, and UHG:
• Infrastructure IT Portfolio Senior Manager for United Healthcare ARA Shared
PM / SUPPORT SYSTEMS
Services
SharePoint (Admin)
0 Project / Program / Process Management System Administrator for numerous
Swift/Kanban (Admin)
systems and groups (lira, Swift Kanban, SharePoint, MS Project Server, and others)
Confluence / Jira (Admin)
0 Only Protect Manager for key 4 month project that saved Optum —$5M annually in
MS Project Server (Admin)
licensing fees (crafted solution & coordinated >150 people with 27 mainframe /
Microsoft (N)OSes
distributed apps) — NOTE: Completed by critical deadline
LAMPP & *NIX (N)OSes
0 Managed many concurrent Optum Tech "Blue Chip" projects and programs
0 Worked as communication channel between executive, business, customer, and
INDUSTRY APPLICATIONS
mainframe / distributed computer groups across many departments
Healthcare Claim Processing
Designed, implemented, and managed numerous program and project
EDI X12 4010A1/5010 837 P/I
ICD -9/-10
management systems (Swift Kanban, Jira, SharePoint, and MS Project Server)
Network Management
Member of numerous corporate and community Volunteer Boards
LANDesk Mgmt Suite
HPSM / ITSM
PREVIOUS:
Microprocessor Design
0Oversaw EDI X12 (predominantly 837P & I) and ICD product development, test,
Grid Matrix
and implementation
Network Chameleon
0 Managed programmers and over 100 physical / virtual servers for multiple
MasCompose
healthcare companies 24/7 located throughout the United States
Cardkey Systems & Pinkerton
0 Directed Worldwide Professional Services team
Controls Systems
0 Wrote and edited numerous technical books and hundreds of articles
SCIF design & implementation
0 Performed keynote presentations around the world with corporate executives
for many Top Secret U.S.
Designed, developed, tested, and deployed software, hardware, and processors
Government facilities
• Frequently traveled internationally and on short notice to manage critical issues
Workshop Packet Page Number 7 of 19
Matthe " )Cch
nett
ARTICCI_ATE TECHNICAL MANAGER
CHRONOLOGICAL SUMMARY OF EXPERIENCE
IT Architecture Manager / Sr. Portfolio Manager / EDI X12 Engineering Manager
UnitedHealthcare / Optum / United Health Group / Ingenix, 2007 to Current
• Leverage hands-on technical expertise and project management skills to plan, implement, and manage
over $20 million in budget between multiple projects in a highly matrixed environment. Manage IT
Architecture team that develops fraud, waste, and abuse identification solutions saving billions of
dollars annually. Perform various data extraction and analysis tasks for presentations to Executive Staff.
Determine best practices and train software, policies, and procedures for multiple teams (across
mainframe, distributed, and business groups). Managed mainframe technology programs and projects.
• Protects included but were not limited to: Migrating numerous customers from EDI X12 4010A1 to 5010
prior to ICD-9 to ICD -10 transition; moving all AARP data from Hartford Insurance Group to Optum;
Combining mainframe / distributed solutions to address system automation, optimization, and isolation.
• Architected, implemented, and supported numerous FacilEDI installations. FacilEDI validates,
remediates, and reconciles healthcare claim data. Many corporate customers process millions of claims
every evening in production, remediation, and test environments. Put in place many processes that not
only streamlined communication but also proactively managed potential system failures.
Director of Worldwide Professional Services
LANDesk, 2004 to 2007
Coordinated dozens of concurrent software deployment / training projects, sales proposals,
departmental finances, and a 20+ person International Professional Services team. Took the Services
department from an unorganized negative cash flow entity to an efficient positive revenue generating
cost center ($4.7M profit in 2007). Please note that LANDesk was purchased by Avocent Corporation
that already had a Director of Professional Services and that I was re -hired by LANDesk (see Intel
LANDesk below) into this position, showing a positive ongoing work relationship.
Lead Project Consultant
Cadence Design Systems, 2003 to 2004
• Coordinated development, release, test, and documentation of a parallel processing server farm
management tool. Managed deployment and integration solution into Texas Instruments where chip
design and development time were reduced from a week to a few hours (saving millions of dollars per
effort). Was a contractor who completed commitment and stayed until project completion.
Project Management Consultant
Arnett Solutions, 1998 to 2004
Performed project management tasks for numerous corporations and government entities (obtaining
many high-level government and nuclear clearances). Wrote and/or edited numerous technical books
including Inside TCP/IP, UNIX Unleashed, Building a Windows NT Internet Server, and others. Developed
many analog and digital products (most notable being a small home telephone system).
Professional Services Consultant Lead
Intel Corporation, 1996 to 1998
• Managed multiple deployment project teams around the United States. The group atrophied from
twelve to two (I was responsible for the Mississippi to the Pacific and my peer to the Atlantic). As a
LANDesk Management Suite SME I traveled around the world speaking to the Intel Board of Directors
and performing Keynote speeches with then CEO and President Dr. Andy Grove and Dr. Craig Barrett.
Workshop Packet Page Number 8 of 19
Matthe "' rnett
ARTICCI_ATE TECHNICAL MANAGER
REFERRALS / TESTIMONIALS (full teat available upon request)
Cindy Wilk, OptumInsight Senior Client Business Executive
"Matt is a perfect example of an individual that lives the Ingenix Code and cares deeply about the quality of
his work and his relationships, both internally and externally. "
"I've never seen anyone more dedicated and passionate about their job and performing at the highest level
every day. "
"Matt's deep technical expertise, coupled with his core values to `do what's best for the customer' and
balancing what's in the best interest of Ingenix, makes him an extraordinary asset to the Ingenix team and
to all clients that he serves. "
Diane Brennan, Blue Shield of California Senior Manager
• "Matt has been an integral part of the positive Ingenix presence at Blue Shield of California. His positive
attitude coupled with technical knowledge and `get it done' drive is appreciated and recognized. He is an
asset to Ingenix. "
Bill Ford, Group Health Incorporated (GHI) Senior Vice President
• `I can go back to last May when we had the NPI install and Brian and Matt worked through the night and
well into Memorial Day weekend to bring thatproject to its successful conclusion. Whenever we have Matt
and Brian on a project, I am always confident that it will result in success. "
Martin Jensen, Chickasaw Nation Industries (CNI) Paver Project Manager
• `In addition to getting our translator operational and outputting our very first MSPRC 837 outputs, he
refined the configuration of the server and his own access tools to ensure quick and efficient maintenance
and support moving forward. "
Jim Payne, Ozburn Hessev Logistics (OHL) Project Manager
"Prior to Matt's arrival on the scene we had a serious lack of communications between the companies and
extremely poor process and procedure documentation. This led to poor quality work and deliverables;
which in turn led to strained relationships between the two companies. Once Matt's presence was
established, he took it upon himself to step in and ensure that all of the areas were improved and spent a
great deal of time (including nights and weekends) to help us craft a solution that was accepted and
welcomed by all. Without Matt's people skills, and process driven experience, we never would have been
able to salvage the project from what was most certainly destined to be failure. "
"Matt would be a valuable asset to any team, and could very well end up being the key resource that stands
between success and failure. "
Workshop Packet Page Number 9 of 19
Matthe ")Cch
nett
ARTICCI_ATE TECHNICAL MANAGER
COMMUNITY INVOLVEMENT
• 2018 —Present: Founded non-profit 501(c)(3) YETI CAVES Corp. (Youth Ecology Training Institute).
Grown to 3 established BSA & private camps in the first year and will grow organically to meet the need
for youth to experience the outdoors around the nation. Work with Government Parks & Rec. Divisions.
• 2017 — Present: BSA North Star District Camporee Chair
• 2017 — Present: Have "Mentored" two Scouts to the rank of Eagle, currently mentoring two more, and
preparing to start working with three more
• 2016 — Present: Staff and frequently Camp Host at Birch Bend Camp in Harding, MN (pba-cwk.org). Began
Camp Mastering two BSA camps in 2018 as well.
• 2011 —Present: Inducted into Boy Scouts of America Order of the Arrow, 2014: Brotherhood, 2015: Merit
Badge Counselor for over 15 merit badges and NOVA STEM Mentor. Coach many Scouts to Eagle
• 2013 — 2017: Volunteered at least once weekly with Children's Hospital of Minneapolis after work and
monthly with a Brain Cancer Support Group. Helped "in -room" on Intensive Care floors (Cardiovascular,
Hematology / Oncology, Pediatric, Neonatal, General Post -Surgical), and with Emergency Room
• 2011 — 2014: Member of UnitedHealth ECS Volunteer Board. Coordinate ECS events and/or attended
events for Vail Place, Hope Chest, Heart Walk, Special Olympics, Whole Foods Community Day, and
frequent blood donor. UnitedHealth co -Chair for Project Sunshine (Children's Hospital of Minneapolis)
• 2013 — 2015: Scoutmaster for BSA Troop of 70 Scouts and 19 Assistant Scoutmasters
• 2011 — 2012: Boy Scout Northern Star Council Troop 90 Assistant Scoutmaster and Quartermaster
• 2001 — 2011: Utah Department of Transportation 11400 South Project. Integral in $241M budget project
while helping control $750K in project incentives. One of only four "at large" members who drove project
being completed on time and under budget
• 1980 — 2015: Progressed from Special Olympics "Hugger" through Coach and now direct State Track and
Field events. I have directed the Utah annual State event that includes over 1,400 special athletes, 450 heats
and flights, and 250 volunteers and look forward to doing the same for the state of Minnesota
• Past South Jordan City Safety Committee Board member. Reviewed and approved all police, fire, and
facility budgets. Was integral in ranking and reviewing / promotions of officers
• Civilian Police Academy graduate
• Past Association of Volunteer Emergency Response Teams (AVERT) Chairman of the Board
• Community Emergency Response Team (CERT) certified
• CERT Train -The -Trainer certified
Workshop Packet Page Number 10 of 19
E1, Attachment 1
Matthew Flint Arnett
Volunteerism Resume
VOLUNTEER ORGANIZATIONS
Special Olympics CA, UT, & M1V
Hope Chest, M1V
City of South Jordan Utah
Minnesota Twin Cities Children's
Hospital(Utah
Boy Scouts of America
and Minnesota
FEMA Community Emergency
Response Teams (CERT), U.S.A.
Cerenity Senior Center, MN
Utah Department of Transportation
American Heart Association, MN
VOLUNTEER RELATED SKILLS
• Event Coordination / Management (Campmaster / Host at numerous BSA & private locations)
• Marketing collateral development
• Announcing / Public Address
• Technical and Creative
• Positive (can help in challenging environments such as ER, OR, ICU, CCU, TICU, Children's
Burn Units, etc...)
• Numerous volunteer related certifications
• Healthcare privacy certifications
VOLUNTEER HISTORY
• 2018 — current: Founder of YETI Caves Corp. (Youth Ecology Training Institute). An IRS 501(c)3
NTEE C60 tax-exempt company focusing on youth outdoor education and appreciation.
• 1980 - current: Progressed from Special Olympics "Hugger" through Coach and now direct State
Track and Field events. I have directed the annual Utah state event that includes over 1,400 special
athletes, 450 heats and flights, and 250 volunteers over three days and look forward to doing the
same for the state of Minnesota this year (I was an Assistant Director the last two years).
• 2012 - current: Past Boy Scout Northern Star Council Troop 90 Scoutmaster (almost 70 Scouts),
current Troop 90 OA Advisor, NorthStar District Assoc. OA Advisor, NorthStar District Activities
Chair, BSA Eagle Mentor, NOVA STEM Mentor, and Counselor for 10 merit badges.
• 2011 - 2012: Member of UnitedHealth ECS Volunteer Board. Coordinate ECS events
and/or attended events for Vail Place, Hope Chest, Heart Walk, Special Olympics, Whole Foods
Community Day, and frequent blood donor.
• 2011 - 2012: Boy Scout Northern Star Council Troop 90 Assistant Scoutmaster and Quartermaster.
• 2001 — 2011: Utah Department of Transportation 11400 South Project. Integral in $241M budget
project while helping control $750K in project incentives. One of only four "at large" members who
drove project being completed on time and under budget.
• Past South Jordan City Safety Committee Board member. Reviewed and approved all police, fire,
and facility budgets. Was integral in ranking and reviewing / promotions of officers.
• Civilian Police Academy graduate.
• Past Association of Volunteer Emergency Response Teams (AVERT) Chairman of the Board.
• Community Emergency Response Team (CERT) certified.
• CERT Train -The -Trainer certified
Workshop Packet Page Number 11 of 19
E2
CITY COUNCIL WORKSHOP STAFF REPORT
Meeting Date October 28, 2019
REPORT TO: Melinda Coleman, City Manager
REPORT FROM: Andrea Sindt, City Clerk
PRESENTER: Andrea Sindt, City Clerk
AGENDA ITEM: Amendment to Ordinance Regulating Sale of Tobacco Products
Action Requested: ❑ Motion ✓ Discussion ❑ Public Hearing
Form of Action: ❑ Resolution ❑ Ordinance ❑ Contract/Agreement ❑ Proclamation
Policy Issue:
The city council recently held a hearing regarding raising the minimum age to purchase tobacco
products from 18 to 21. Numerous persons testified regarding that matter. Attached is a draft
amendment to the city's tobacco ordinance related to increasing the legal purchasing age to 21.
Recommended Action:
The city council should discuss the draft ordinance and provide further direction to staff.
Fiscal Impact:
Is There a Fiscal Impact? ✓ No ❑ Yes, the true or estimated cost is $0.00
Financing source(s): ❑ Adopted Budget ❑ Budget Modification ❑ New Revenue Source
❑ Use of Reserves ❑ Other: n/a
Strategic Plan Relevance:
❑ Financial Sustainability ❑ Integrated Communication ❑ Targeted Redevelopment
✓ Operational Effectiveness ❑ Community Inclusiveness ❑ Infrastructure & Asset Mgmt.
Background
During the recent October 14 city council meeting, the city council requested to see an ordinance
amendment for continued discussion regarding the August 12 hearing on raising the minimum age to
purchase tobacco. The draft ordinance amendment has language to reflect increasing the legal
purchasing age to 21 and also has edits to provide a cleaner, more enforceable ordinance.
At the hearing on August 12, 2019, numerous persons, both individuals and merchants, spoke
regarding whether to raise the minimum age to purchase tobacco products from 18 to 21. There
appeared to be a broad but not universal consensus that raising the age to 21 was good public policy,
although some speakers thought such a change should be done at the state, not local, level.
Workshop Packet Page Number 12 of 19
One concern raised during the hearing was regarding
language prohibits sales by those under 18. In contrast,
been raised to 21 in the draft. These age restrictions
statutory requirements and provide a consistency.
E2
the age restriction to sell tobacco, the draft
the applicant age for a tobacco license has
are not statutory but are reflective of liquor
There was also mixed discussion at the hearing on additional efforts to restrict access to flavor
tobacco products by young people. After the hearing, questions arose regarding which flavors, what
products and what businesses would potentially be affected. It should be noted that flavored tobacco
products is typically defined to include not only the recently popular "candy" flavors but also the more
traditional flavors of menthol, mint and wintergreen. The flavor restriction is not addressed in the draft
ordinance amendment.
To address a question raised by council at its meeting on October 14, staff researched the licensing
policies of the nine cities abutting Maplewood. Six of those cities still permit the sale of tobacco to
persons at least 18 years of age. The cities of Roseville and Little Canada raised the minimum age
to 21 but did not address flavored tobacco. For the past three years, St. Paul has restricted the sale
of flavored products to tobacco stores and allowed the sale of menthol, mint and wintergreen -flavor
products at off -sale liquor stores. This month St. Paul increased the legal purchase age to 21.
Tobacco Status of Maplewood's Bordering Cities
City
Legal Purchase
Age
Other Comments
Newport
18
Woodbury
18
Oakdale
18
North St Paul
18
White Bear Lake
18
Vadnais Heights
18
Summer 2019 T21 Advocates
presented, no council action taken
St Paul
21
Passed on 10-16-19
Flavors restricted to tobacco
stores plus off -sale liquor stores
can sell menthol, mint and
wintergreen
Roseville
21
No flavor restrictions
Little Canada
21
No flavor restrictions
Attachments
1. Draft ordinance amendment - redline
Workshop Packet Page Number 13 of 19
E2, Attachment 1
ARTICLE XVIII. - TOBACCO -RELATED PRODUCTS
Sec. 14-1372. - Purpose.
This
article is intended to regulate the sale, possession, and use of tobacco, tobacco -related devices, electronic
delivery devices, and nicotine or lobelia delivery products
oviStiRg yaw -s, to protect�s—the general public against the serious effects associated with the illegal use
of tobacco, tobacco -related devices, electronic delivery devices, and nicotine or lobelia delivery products,
to protect individuals from the hazards of secondhand smoke , and to further the official
public policy of the State of Minnesota as stated in Minn. Stats. §§ 144.391 and 144.412, as may be
amended from time to time.
Sec. 14-1373. - Definitions.
Except as may otherwise be provided or clearly implied by context, all terms shall be given their
commonly accepted definitions. For the purpose of this article, the following definitions shall apply unless
the context clearly indicates or requires a different meaning:
1,2015.
Cigar means any roll of tobacco that is wrapped in tobacco leaf or in any substance containing tobacco,
with or without a tip or mouthpiece, that is not a cigarette as defined in Minn. Stat. § 297F.01, subd. 3, as
amended from time to time.
Compliance checks means the system the city uses to investigate and ensure that those authorized
to selllicensed
products are felle g -and complying with the requirements of this article. Compliance checks shall involve
the use of msspersons under the age of 21 who purchase or attempt to purchase licensed product. ae
by other units Of g0V8FArAA_.At for the purpose of enfOFGing appropriate federal, state or lo-r—al 1-ay./s @A4
delivery produpts
Electronic delivery devices means any product containing or delivering nicotine, lobelia, or any other
substance intended for human consumption that ^a^ be used by—a perssR to stimulate sn,okiRg;„ he
through inhalation of aerosol or vapor from the product.
Electronic delivery device includes, but is not limited to, devices manufactured, marketed, or sold as e -
cigarettes, e -cigars, e -pipes, vape pens, mods, tank systems, or under any other product name or
descriptor. Electronic delivery device includes any component part of such a product, whether or not
Workshop Packet Page Number 14 of 19
E2, Attachment 1
marketed or sold separately. Electronic delivery device does not include any product that has been
approved or ettee-certified by the United States Food and Drug Administration for I -sale-& fey 61se
Inas a tobacco --cessation treproduct, as a tobacco -dependence product, or for other medical
purposes, and is beiRg marketed and sold selely for that -such an approved purpose.
Individually packaged means the practice of selling any tobacco or tobacco product wrapped
individually for sale. Individually -wrapped tobacco and tobacco products shall include, but shall not be
limited to, single cigarette packs, single cigars, single bags or cans of loose tobacco in any form, and single
cans or other packaging of snuff or chewing tobacco. Cartons or other packaging containing more than a
single pack or other container as described in this definition shall not be considered individually packaged.
Indoor area means all space between a floor and a ceiling that is bounded by walls, doorways, or
windows, whether open or closed, covering more than 50 percent of the combined surface area of the
vertical planes constituting the perimeter of the area. A wall includes any retractable divider, garage door,
or other physical barrier, whether temporary or permanent. A standard window screen (-0-941-0.011 gauge
° iRd9W S^roo, with an 18 by 16 mesh count] is not considered a wall.
Licensed products means the term that collectively refers to any tobacco, tobacco -related device,
electronic delivery device or nicotine or lobelia delivery product.
Loosies means the common term used to refer to a single or individually -packaged cigar or cigarette,
or any other tobacco product that has been removed from its packaging and sold individually. The term
"loosies" does not include individual cigars with a retail price, before any sales taxes, of more than $2.60
per cigar.
Minor means any natural person who has not yet reached the age of 18 years.
Moveable place of business means any form of business operated out of a kiosk, truck, van,
automobile or other type of vehicle or transportable shelter and not a fixed -address storefront or other
permanent type of structure authorized for sales transactions.
Nicotine or lobelia delivery products means any product containing or delivering nicotine or lobelia
intended for human consumption, or any part of such a product, that is not tobacco or an electronic delivery
device as defined in this section, not including any product that has been approved or otherwise certified
for legal sale by the United States Food and Drug Administration for tobacco use cessation, harm reduction,
or for other medical purposes, and is being marketed and sold solely for that approved purpose.
Retail establishment means any place of business where
Licensed products are available for sale to the general public.
The phrase shall include, but not be limited to, grocery stores, convenience stores, restaurants, and drug
stores.
Sale means any transfer of goods for money, trade, barter or other consideration.
Sampling means the lighting of tobacco, tobacco products, tobacco -related devices or the activation
of and inhaling of vapor from electronic cigarettes in a retail establishment by a customer or potential
customer for the purpose of sampling the product or device before a purchase.
Self-service merchandising means open displays of
licensed products in any manner where any person shall
have access to the
Licensed products, without the assistance or intervention of the licensee or the licensee's employee.
The assistance or intervention shall entail the actual physical exchange of the
licensed product between the customer and
the licensee or employee. Self-service sales are interpreted as being any sale where there is not an actual
physical exchange of the product between the clerk and the customer.
Smoking means inhaling or exhaling smoke from any lighted or heated cigar, cigarette, pipe, or any
other tobacco or plant product, or inhaling or exhaling vapor from any electronic delivery device. Smoking
also includes carrying a lighted or heated cigar, cigarette, pipe, or any other lighted or heated tobacco or
plant product intended for inhalation.
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Tobacco means any product containing, made, or derived from tobacco that is intended for human
consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any
other means, or any component, part, or accessory of a tobacco product, including, but not limited to,
cigarettes; cigars; cheroots; stogies; perique; granulated, plug cut, crimp cut, ready rubbed, and other
smoking tobacco; snuff; snuff flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos;
shorts; refuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds and forms of tobacco.
Tobacco excludes any tobacco product that has been approved by the United States Food and Drug
Administration for sale as a tobacco cessation product, as a tobacco dependence product, or for other
medical purposes, and is being marketed and sold solely for such an approved purpose.
Tobacco -related devices means pipes, rolling papers, ^yswraps, or other device intentionally
designed or intended to be used in a manner which enables the chewing, sniffing or smoking of tobacco or
tobacco products.
Tobacco or Vape Shop means a retail establishment with an entrance door opening directly to the
outside, greater than 90% of the shop's gross revenue must be from the sale of licensed products, prohibits
persons under 21 from entering at all times and the shop cannot be a tobacco department or section of an
individual business with a liquor, food or restaurant license.
Vending machine means any mechanical, electric or electronic, or other type of device which
dispenses
deliv ylicensed products upon the insertion of money, tokens or other form of payment directly into the
machine by the person seeking to purchase the
Licensed product.
Sec. 14-1374. - License required
(a) Generally. No person may directly or indirectly or by means of any device keep for retail sale, sell at
retail, offer to sell or otherwise dispose of any tebaGG^, teba .GO rola+ort d8VO 8S olontrnnin delivery
Licensed products at any place in the city unless a license has
first been issued by the city as provided in this section.
(b) Specifically.
(1) Application. An application for a license shall be made on a form provided by the city. The
application shall contain the full name of the applicant, the applicant's residential and business
addresses, and telephone numbers, the name of the business for which the license is sought,
and any additional information the city deems necessary.
(2) Action. Upon receipt of a completed application, the city clerk shall forward the application to the
police department for investigation. The police department shall conduct an investigation of the
applicant and application regarding the fitness of the applicant to hold a license pursuant to the
standards set forth in this article, and report the results of its investigation to the city clerk within
30 days of receipt of the application. After the city finishes its investigation and reviews the finding,
the application will be approved or denied by the city manager or his designee. If the application
is approved, it will be issued by the city clerk. If the city manager or his designee denies the
application, notice of the denial shall be given to the applicant along with notification of the
applicant's right to appeal the decision.
(3) Fees. No license shall be issued under this article until the appropriate license or investigation
fee is paid in full. The fee(s) shall be established by the city council by resolution from time to
time.
(4) Duration . Licenses issued under this division shall have a duration period of one year. The
expiration date of such license is as may be imposed, set, established and fixed by the city clerk,
from time to time.
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(65) Transfers. All licenses issued under this article shall be valid only on the premises for which the
license was issued and only for the person to whom the license was issued.
(76) Moveable place of business. No license shall be issued to a moveable place of business. Only
fixed -location businesses shall be eligible to be licensed under this article.
(87) Display. All licenses shall be posted and displayed in plain view of the general public on the
licensed premises.
(Q18) Renewals. The renewal of a license issued under this article shall be handled in the same
manner as the original application. The request for a renewal shall be made at least 30 days prior,
but no more than 60 days before the expiration of the current license. The license holder is not
entitled to an automatic renewal of the license.
(409) Sale by minors . It shall be unlawful for any business licensed under this article to allow any
person under the age of 18 years to sell, offer for sale, or attempt to sell
licensed products.
Sec. 14-1375. - Basis for denial of license.
The following shall be grounds for denying the issuance of or renewal of a license under this article; if
a license is mistakenly issued or renewed to a person, it shall be revoked upon the discovery that the person
was ineligible for the license under this section:
(1) The applicant is under the age of 4.921;
(2) The applicant has been convicted within the past five years of any violation of a federal, state, or
local law, ordinance provision, or other regulation relating to
Licensed products.
(3) The applicant has had a license to sell
licensed products revoked or suspended within the
preceding 12 months of the date of application.
(4) The applicant fails to provide any information required on the application, or provides false or
misleading information.
(5) The applicant is prohibited by federal, state, or other local law, ordinance, or other regulation,
from holding such a license.
(6) Nonpayment by the property owner and/or applicant of any fees or charges owed to the city
and/or county, including, but not limited to, utilities and property taxes.
Sec. 14-1376. - Prohibited sales.
(a) GeneFa y. It shall be a violation of this article for any person to sell or offer to sell any massa
licensed product:
(1) To a ff4pefperson under the age of 21;
(2) By means of a vending machine;
(3) By means of self-service merchandising;
(4) As loosies;
(5) Containing opium, morphine, jimsonweed, belladonna, strychnos, cocaine, marijuana, or other
delirious, hallucinogenic, toxic, or controlled substances except nicotine and other substances
found naturally in tobacco or added as part of an otherwise lawful manufacturing process; and/or
(6) To any other person, in any other manner or form prohibited by federal or state law or regulation,
or by local ordinance.
_(b) speGi4Gagy.
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Sec. 14-1377. - Smoking prohibited.
Smoking shall not be permitted and no person shall smoke within the indoor area of any establishment
with a tobacco license. Smoking for the purpose of sampling tobacco, tobacco -related devices, or electronic
delivery devices is also prohibited except for
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in tobacco or vape shops originally licensed prior to May 26, 2015. Signage must be posted as directed by
State of Minnesota Administrative Rules.
Sec. 14-1378. - Compliance checks and inspections.
All licensed premises shall be open to inspection by the city police or other authorized city official
during regular business hours. From time to time, but at least once per year, the city shall conduct
compliance checks by engaging with the written consent of their parents or guardians, minors over the age
of 15 years but less than X21 years to enter the licensed premise to attempt to purchase
Licensed products. Prior written
consent is required for any minor to participate in a compliance check. Vis -Persons d- fA-.p the p6iFp9sE)
s participating in compliance checks shall be supervised by G#t designated law enforcement officers or
other designated city personnel. Miners used f^rPersons conducting compliance checks shall be exempt
from any applicable restriction on possession of licensed products when those items are obtained as a part
of the compliance check.
No�� person conducting compliance checks shall attempt to use a
false identification misrepresenting f"�-AA'AA,r'stheir age, and all�Tpersons lawfully engaged in a
compliance check shall answer all questions about f"�-rp'AA,P'stheir age asked by the licensee or his -sr
their employees and shall produce any identification, if any exists, .upon
request.
Sec. 14-1379. - Violations and penalty.
(a) Misdemeanor prosecution. Nothing in this section shall prohibit the city from seeking prosecution as
a misdemeanor for any alleged violation of this article.
(b) Administrative penalties.
(1) Licensees. Any licensee found to have violated this article, or whose employee shall have
violated this article, shall be charged an administrative fine of $250.00 for a first violation of this
article; $500.00 for a second offense at the same licensed premises within a 24 -month period;
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and $750.00 for a third or subsequent offense at the same location within a 24 -month period. In
addition, after the third offense the license shall be suspended for not less than seven consecutive
days.
(2) Other individuals. Other individuals, other than persons under the age of 21 regulated by
this article, found to be in violation of this article shall be charged an administrative fine of $50.00.
(3) UipprsUnder 21. nn Persons under 21 found in unlawful possession of or who unlawfully
purchase or attempt to purchase, tobacco, tobacco -related devices, electronic delivery devices,
or nicotine or lobelia delivery products, shall be subject to an administrative fine, or may be subject
to tobacco -related education classes, diversion programs, community services, or another
penalty that the city believes will be appropriate and effective. The administrative fine or other
penalty shall be established by city council ordinance upon the city council's consultation with
interested parties of the courts, educators, parents and children to determine an appropriate
penalty for minors in the city. This administrative fine or other penalty may also be established
from time to time by the ordinance establishing fees and charges, as it may be amended from
time to time.
(4) Statutory penalties. If the administrative penalties authorized to be imposed by Minn. Stats. §
461.12, as it may be amended from time to time, differ from those established in this section, then
the higher penalties shall prevail.
Sec. 14-1380. - Severability.
If any section or provision of this ordinance is held invalid by a court of competent jurisdiction,
such invalidity shall not affect any other section or provision and each shall be applied to the fullest extent
without the invalidated section or provision.
Secs. 14-13819-14-1400. - Reserved.
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