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City Council - 06/11/2002 - Special MeetingAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL PUBLIC MEETING SMOKE –FREE AIR ORDINANCE TUESDAY, JUNE 11, 2002 7:00 PM, CITY CENTER Council Chambers 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher, Ron Case, David Luse, and Jan Mosman CITY STAFF: Judge Allen Klein, City Manager Scott Neal, City Attorney Ric Rosow and Recorder Carol Pelzel I. CALL THE MEETING TO ORDER The meeting was called to order at 7:00 p.m. II. OPENING REMARKS Mayor Tyra-Lukens welcomed the public to this special meeting to hear everyone’s viewpoint on the proposed smoking ordinance. She explained that this forum is not the only means of communicating to the Council. She explained that they may call, send letters through the mail or e-mail the Mayor and Council with their opinions. City Manager Neal explained that another forum for providing the City with input is through a community web forum. He said this web site may be accessed through the City’s web page at edenprairie.org. A panelist will be involved in this web site to address questions regarding this issue. The Council will be provided the information gathered on this web site. The site will be up and running until June 22. Judge Allen Klein explained that he is an administrative law judge from the State Office of Administrative Hearings and will be conducting this evening’s meeting. He explained that this public hearing is to gather evidence on the issue of adopting a smoke-free ordinance. Judge Klein reviewed the guidelines for tonight’s meeting. He also explained that the City Attorney would be addressing a question the Council has previously raised on this issue. Judge Klein stated that the purpose for this meeting is to hear from the citizens regarding the proposed smoke-free ordinance and the Council will be making no presentation this evening. City Attorney Rosow explained that at a prior meeting the Council did ask if this matter could be placed before the voters of Eden Prairie. Various members of the City Council did talk about having a referendum or advisory election. Rosow reported that under State law they are not authorized to hold a special election, an advisory election or referendum on matters that are not specifically authorized under State law. The Council has no power CITY COUNCIL MINUTES June 11, 2002 Page 2 to expend public monies for a special election or advisory election unless a specific law authorizes such an election. The decision in this case rests entirely with the City Council upon receiving the kind of public input they will be receiving this evening. Councilmember Butcher asked how Duluth was able to hold such an election. Rosow responded that he believes Duluth is a Charter City. It is governed by a Charter that may allow special elections. Eden Prairie does not have that authority. With regard to the personal rights issue, Luse asked what the mechanisms are to allow this City Council to have the public voice their opinion in this decision if they cannot hold an election. Rosow responded that it is tonight’s public hearing, telephone calls and letters. Luse asked if the reason they are not allowed to bring this issue before the community via an election is because Eden Prairie is a Statutory City and not a Charter City. Rosow said that was correct. III. PUBLIC HEARING The following spoke for a smoke-free ordinance Cindy Ellis, 635 Prairie Dive, Clean Air on the Prairie – Ellis explained that she is in favor of the smoke-free ordinance because it is the right thing to do. The ordinance is necessary to protect the health of the people. It is the government’s responsibility to protect the citizens from unhealthy undertakings. Smoking negatively affects the lives around us and it is time for the government to intervene. Non-smoking sections in restaurants do not provide an adequate smoke-free environment. Richard Woellmer, 3847 Huntington, Minnetonka, American Lung Association of Minnesota – Woellmer spoke on the problems with mitigation and the risk of second- hand smoke which is very well documented. The separation of smoking and non-smoking areas does not work due to diffusion of smoke and ventilation systems. With regard to restaurants losing business if they go smoke-free, studies show that there is no affect on businesses. Fifteen communities were studied before and after the adoption of clean-air regulations and restaurants showed no change in business. He encouraged the City Council to eliminate exposure to second-hand smoke in Eden Prairie. Wilson Bryce, 14418 Fairway Dr. – Bryce explained that he is in favor of a smoke-free ordinance. He explained that he is a licensed architect and believes there are efficient ways to accomplish execution of smoke. This could be accomplished by enacting a specific ordinance that would require specific architectural requirements. This does cost more money. The time has come when public hygiene and air quality deserves equal treatment. They must choose between proper ventilation systems or be smoke free. No one should have the right to compromise someone else’s health. Jill Birnbaum, 669 Nebraska Ave. E, American Heart Association – Birnbaum presented copies of her testimony and supporting research. She stressed the support of the American Heart Association of this ordinance. It will have a positive effect on the health CITY COUNCIL MINUTES June 11, 2002 Page 3 of the citizens of Eden Prairie. Smoking increases heart disease and the risk for strokes. Birnbaum explained that second-hand smoke exposure accelerates health issues. Birnbaum reviewed actions taken by the State with regard to this issue but said she feels this is a local issue. Linda Lackard, 7034 Cambridge Lane, Shakopee – Lackard said she is in support of a strong smoke-free ordinance. She lives about ten minutes from Eden Prairie and has two children. Because of her family’s healthy, they have decided on zero tolerance for second-hand smoke. When Eden Prairie passes this ordinance she will bring more of her business to this City. Beth Baker, 13297 Cardinal Creek Road, Minnesota Medical Association – Baker said she encourages the City Council to pass a smoke-free ordinance to protect people from second-hand smoke. Lung cancer is caused by excessive second-hand smoke exposure. Baker distributed a handout supporting estimates of health issues affecting children caused by second-hand smoke. Baker said she does not think restaurant owners realize that they are losing business from second-hand smoke. She explained that smoke-free ordinances do work. By making smoking less accessible, they will be creating a climate to support smokers that are trying to quit. Jill Ness, 1926 Aldrich Ave. S, Minneapolis, Hennepin County Community Health Department – Ness explained that she is a representative from the Hennepin County Community Health Department Youth Tobacco Prevention Use. Ness spoke in favor of a strong smoke-free work environment. Smoking is the leading cause of preventable deaths and second-hand smoke is the second leading cause. These issues can be addressed with a strong ordinance that will provide for a strong and healthy community. Wanda Chomilo, 9952 Lawson Lane – Chomilo said she has two concerns, the first is the effect of second-hand smoke on everyone and especially children. Her second concern is the effect of second-hand smoke on the employees of the restaurants. Small children and unborn babies are most affected by second-hand smoke. This also affects the employee’s health care dollars. Chomilo said if this ordinance is passed, she feels the people in the community will be healthier. Vicki Pellair Price – 16893 Bainbridge Rd. – Pellair Price said she strongly supports a non-smoking ban. She presented a report her son did for school in 1988 on smoking. She urged the Council to have a smoke-free community. Michele Hoffstetter, 18260 Croix Wood Lane – Hoffstetter said it is a violation of their rights to allow smokers in public facilities. The ordinance would be protection for the non-smokers. Hoffstetter said she supports a smoke-free work place. This ordinance will support the right of non-smokers to not be poisoned by someone else’s choice. CITY COUNCIL MINUTES June 11, 2002 Page 4 The following spoke against a smoke-free ordinance Ryan Maltzen, 14327 Fairway Dr., Green Mill Restaurant– Maltzen said the issue here is to please everyone. However, he sees three different issues with the main issue being politics. A person’s freedom of choice will be denied citizens and owners of businesses on how to run their business. Another issue is economics. One of the main things affected will be the impact on repeat business if smokers are driven away. Maltzen said he does understand the health risk, however, there are many people in the area that do not know about this issue. They need to let people know about both sides of the issue. Maltzen said he has 450 signatures of people who said they would go to surrounding establishments in surrounding communities should Eden Prairie pass a smoke-free ordinance. Eden Prairie should not be used as a stepping stone to pass an ordinance that should be adopted state- wide. Tim Schallberg, 4240 W. 124th St., Savage – Schallberg explained that he is a patron of Eden Prairie’s restaurants on an average of three days a week. He explained that if this ordinance is enacted he may not patronize Eden Prairie businesses but may move on more quickly to other communities or avoid Eden Prairie establishments all together. The ban may also result in more intoxicated drivers because they will go to more house parties and not be in a controlled environment. A community cannot exist without an economic viability. Schallberg said they need to let the free market determine where the balance lies. He asked where the health debate will end. Perhaps the next thing will be to ban diesel fuel or fried foods. Greg Olson, 7373 Ann Court – Olson said he is speaking in opposition to this proposed ordinance but does recognize that something should be done about the presence of second-hand smoke. He asked that the City Council find a better way of including businesses in solving this issue. Businesses in this community provide half of the tax base. This issue does impact the health and livelihood of those businesses and employees. Second-hand smoke is a problem and many of them are interested in finding a solution that is fair to all sides. Olson said he believes this is a great opportunity to show other communities and other businesses that all stakeholders in this community work together to resolve issues. Olson asked that the Council try to determine what is fair for both sides and what is workable. He asked that they consider not only the immediate interests of the public but the businesses in the community as well. Bette Anderson, 7336 Topview Road – Anderson explained that she has waited 38 years for wonderful restaurants to come to this community. She is not a fan of smoking but she can choose to sit in a smoke-free area. Anderson said she feels it is unfair to the businesses if they pass this ordinance. She pointed out that they live in a different world now and they have different choices. Michael Anderson, 1556 Sherwood Rd., Shoreview, Owner Green Mill Restaurant – Anderson explained that as a business owner he knows the restaurant business better than anyone else. If this smoking ban is enacted, some restaurants and bars will lose business. CITY COUNCIL MINUTES June 11, 2002 Page 5 Duluth is not smoke-free as it has been claimed to be. Restaurants/bars lost money in their late night hours. The income tax sales for these bars have not been compromised. It has gone from casual dining to bars. Anderson explained that there is a restaurant like his six miles up the road. If this ordinance passes, he will lose 15 percent of sales. Late night sales will encompass a loss of $90,000 per year. Anderson pointed out that he employs 75 people in the community. Case asked where Anderson got the 15 percent number. Anderson responded that he did receive that information from an owner of a restaurant. Duluth is not a smoke-free community, smoking is allowed in bars. Luse asked where they could gather the information Mr. Anderson is talking about. Looking at the sales tax, it appears that the Duluth business community was not impacted by the smoke-free ordinance. However, Anderson indicates that it has simply shifted from one business to another. Eden Prairie is different in that they are talking about a smoking ban and the City has no freestanding bars. Butcher asked how high the standards would have to be for a ventilation system to have healthy air. Wilson Bryce, Engineer, responded that the design would have to be looked at by a mechanical heating and ventilating engineer. There are environments in which air quality is controlled, however, this does mean isolation. Environments would have to adhere to very strict criteria but it is possible. Frank Thomas, 9785 Garrison Way – Thomas said he feels there are ways this can be enforced other than taking the rights away from business owners. Restaurant owners have invested time and money into their establishments. Thomas said he believes in a statewide ban. If it is a local ban, people will go to other communities. Also, restaurant owners have more of an investment than bar owners. Thomas stated that he appreciates and respects the right to have clean air but he also respects the business owner and they should be given the opportunity to run their business as they see fit. Robert Glen, 5023 Lincoln Lane, Edina, Champps Restaurant – Glen explained that he was in the California area when they did the statewide smoking ban. He said this should be a statewide ban that would put them all on the same playing field. Glen said he believes he will lose 10 percent of his business that will go to other establishments. If he does lose 10 percent of his business he will survive. However, he will also have to cut 10 percent of his employees. Glen asked if the City will help those people that will lose their jobs. Maggie Melby, 12806 43rd St., St. Michael, Hops Avado Brands – Melby said she has received a lot of information this evening and does understand the negative affects to the businesses. They need to get more information and data so that they can better educate everyone. She asked if there are any options to the ban. One option would be to look at a more intense ventilating system as previously discussed. Melby said some businesses would be willing to spend all of the money necessary to make their ventilating system more efficient so they can keep people in their establishments. Melby also suggested looking at time restraints. She indicated that she does not allow smoking in her establishment during lunch. Those restaurants that want to go smoke-free could and they CITY COUNCIL MINUTES June 11, 2002 Page 6 could notify the City so that they would know which establishments are smoke-free and those that are not. Melby asked that they all work together. Gary Chanen, Outback Steakhouse – Chanen explained that he is the managing partner of the Outback Steakhouse in Eden Prairie. He pointed out that cigarettes are sold at the Eden Prairie City owned municipal liquor store for $4.70 per pack. Chanen said that as a business owner he is getting a mixed message in that it is not okay to smoke in his restaurant but the City can make a profit in selling cigarettes. Also, the City paid $10,000 for a lobbyist to stop grocery stores from selling wine. Perhaps they could provide the restaurant owners with some money to protect their interests. Chanen said he realizes that alcohol does not affect people as second-hand smoke does. However, drunk drivers do affect the City. Chanen stated that this ordinance isn’t just about money. The restaurant owners stand to lose a lot. When Olmstead County adopted a smoke-free ordinance, the Rochester Outback restaurant’s revenue dropped 1.5%, about $100,000. Chanen said he is sensitive to the issue of second-hand smoke and he proposes that anyone 17 years old or younger not be allowed in designated smoking areas. He also suggested that all bars and restaurants in the City not be allowed to sell cigarettes. The City and restaurants could also agree on a percentage or number of seats allowed in a smoking area. Chanen pointed out that they are in the hospitality business and not part of the tobacco industry. If they cannot make it a statewide ban then they need to reach a compromise. Tola Marts, 9201 LaRiver Court – Marts said she has examined this issue and has looked for information on concerns and questions. She questioned how many Eden Prairie residents have died from second-hand smoke. She then asked how those rates would change should this ordinance pass. Marts explained that she is not opposed to the idea of the ban but they need to do more research. It is her personal opinion that additional information is needed prior to adopting such an ordinance. RECESS A short recess was called after which the meeting was reconvened at 9:00 p.m. The following spoke for a smoke-free ordinance Jean Michaels, 1751 8th ST. SW, Rochester, Olmsted County – Michaels explained that she was Chair of the Olmsted County Board when their smoke-free ordinance was adopted. This presented her with an opportunity to be very well educated on this issue. She really understands the problems with second-hand smoke health issues. She is also very concerned about the employees of the restaurants and children affected by second- hand smoke. Michaels stated that their community had 24 opportunities for public input. They did receive opposition from the hospitality industry. The ban did pass by a 5 to 2 vote. Michaels said they have had no problem with enforcement issues. She explained that they have approximately 300 non-smoking restaurants. Michaels said it was not an easy process but has been working well for them. CITY COUNCIL MINUTES June 11, 2002 Page 7 Cathy Meyer, 9427 Clubhouse – Meyer explained that she is the owner of the TLC Café and Catering. She has learned from what her customers want. They have no smoking at her establishment. It is a small establishment and they do not serve liquor. Meyer said they listened to their customers. They did lose one regular customer when they became a non-smoking establishment. Meyer said that by adopting this ordinance they will also send a message to the kids of the community that smoking is not okay. She said she feels that people from surrounding communities will come to Eden Prairie to be able to go to a smoke-free establishment. Meyer encouraged the Council to not let politics or their political agenda get in their way. Fred Nobrega, 1118 Skyline Dr., Rochester – Nobrega said he feels the Council has a political responsibility to pass this ordinance. Comments have been made regarding a statewide ban. California started with local communities banning smoking that began the development of the statewide ordinance. Nobrega said he wanted to reaffirm that there areonly two methods to deal with second-hand smoke; the first is a proper ventilating system and second, pass a smoking ban. It has been stated that there would be a 30 percent drop in restaurant revenue. Dozens of studies indicate that that does not take place. Nobrega stated that from a public health point of view it is important to recognize that government does protect people from other conditions and it is their regulatory duty. Kurt Nisi, 5201 Blake Road, Edina, Radiation Oncology – Nisi explained that the majority of his patients are lung cancer patients. Statistics are important and should be kept in mind. Approximately 3,000 people die per year of lung cancer from second-hand smoke. Nisi reported that an average of one to two of his patients a year who have lung cancer had no other risk factors other than being exposed to second-hand smoke. The only way to reduce this is through prevention. The Council can take an important step in helping reduce the number of people who die from lung cancer by passing this ordinance. Restaurant employees and patrons should not be exposed to dangerous chemicals and cigarette smoke. Nisi said restricting smoking in public places would show smokers that smoking is a dangerous habit and the ban would be a constant reminder that smoking is harmful to themselves and to others. Romelle Jones, 200 Cedar Ave., Moose Lake – Jones said she is the owner of a restaurant in Moose Lake and that is the first city in the State to pass an ordinance banning smoking. Jones reported that the no-smoking ordinance has not affected her business in a negative way. They still receive compliments on how wonderful it is to eat in a smoke-free environment. Jones said they have never had a problem with enforcing the ordinance. She stated that everyone has a right to clean air. Pastor Rod Anderson, St. Andrews Church, Eden Prairie – Anderson explained that smoking is a problem for their church during wedding rehearsals and weddings. The outside ashtrays are heavily used. The second largest problem for this church are the funerals. He explained that he is with people who are dying from cancer and many times the cause is from smoking. Anderson said he is here because of the death of the former Mayor. She had a passion and a cause. Anderson said he feels this community needs to CITY COUNCIL MINUTES June 11, 2002 Page 8 do this together but someone must do it first. They are talking about lives and it is a public matter. They are in a unique place at a unique time to make a unique difference. Anderson encouraged the Council to support the cause of the City’s former Mayor Jean Harris. Nancy Arieta, 10785 Valley View – Arieta explained that she lives in a senior coop and she took an informal poll of the 94 units. A large percentage of the residents are in favor of having a smoke-free Eden Prairie. Tonight’s testimony has shown that people don’t want government control. Arieta pointed that the government already controls the cleanliness of the restaurants. It is a necessity and a government thing to do. The following spoke against a smoke-free ordinance James Wilson, 9661 Hampshire Lane – Wilson explained that after smoking for 44 years he has quit and this was a personal decision. He said he feels government should not get involved in the running of business. Let the business make their own decisions and let individuals make their on decisions. Wilson said he feels if this ordinance is adopted, it could lead into other things. John White, Pickled Parrot Restaurant – White reported that he is the founder and partner of the Pickled Parrot Restaurant in Eden Prairie. He explained that he has spent a lot of money in the development of the Pickled Parrot and had he known that the City was considering this ordinance he would not have chosen to build in Eden Prairie. They chose this site because they feel this is a fine City and they hoped to provide finer dining in the City. White explained that they would have to give up to 25 percent of potential business if this ordinance is adopted. He said he finds it interesting that the hotels in this City would be required to have 75 percent of their rooms non-smoking and 25 percent smoking. White said he made a contract with the City when he moved here and the City made a contract with him. He indicated that he feels betrayed and the City will be changing the rules of the game. White said the business owners deserve the same care and consideration that the hotels will be given. Kenn Rocklet, 516 Clover Leaf Drive, Golden Valley, BPAM – Rocklet explained that he is the Executive Director of the Bowling Association. He stated that they have been discussing restaurants as if they are public places. They are private businesses open to the public. Rocklet said he feels the decision has already been made. If the Council were really serious about wanting input they would have done what other cities did in the State; they would have established a task force. This is a political issue. Rocklet asked where this was going to end. He said the residents should be allowed to vote with their feet. They have the choice of not going into the facilities that do allow smoking. Rocklet asked that the Council think about the people who would lose their jobs and possibly their livelihood. Amy Borseth, 1605 E. 86th St., Bloomington, Outback Restaurant– Borseth explained that she is a non-smoker and has asthma and she chooses to work in a restaurant that has CITY COUNCIL MINUTES June 11, 2002 Page 9 smoking and non-smoking sections. Borseth said she enjoys working in Eden Prairie and does not want to have to move to another city because she is unemployed. She stated that she does most of her business in Eden Prairie because she works in that city and if she were employed in another city she would not do her business here. Borseth pointed out that the employees make the choice of where they work and if they felt smoking was a risk to their health they would choose to work at another establishment. Borseth said smoking needs to be banned at the state level and not the local level. Caryl Hansen, 10200 Hilltop Road – Hansen stated that she has lived in Eden Prairie for 36 years and does not smoke and finds it offensive. However, she does not agree that smoking should be outlawed in restaurants. The majority of people in this City are above average intelligence and they can make their own choices. Hansen indicated that people have stated that the Council needs to protect its citizens but what about loud music. People should then also be protected from hearing loss. Hansen said it was an insult to her intelligence that she does not know enough to avoid places that are not healthy for her. Camille Crespo, 8590 Magnolia – Crespo asked if the smoking ban is passed would the City discontinue selling cigarettes in their liquor stores. She indicated that she purchased three packs of cigarettes in Eden Prairie today and the City store was the most expensive. Crespo said she is a firm believer of the American way and they should have the right to do what is right and what they want to do. Crespo said she feels the smoking ban would hurt the community. EXTEND MEETING TIME MOTION: Butcher moved, seconded by Luse, to extend the public hearing time to accommodate all of the speakers. The motion carried, 5-0. The following spoke against a smoke-free ordinance Michael Rush stated that he felt the City Council is not holding a public hearing but rather they have been treated with an unbelievable presentation from professionals enforcing this issue. This whole evening has been the issue of smokers’ rights versus non-smokers’ rights. This is a clear case where one group is trying to press their will on another group. Rush said it has been stated that smoking is dangerous, we know that. The question is who is going to make the decision as to whether or not an environment is allowed to have smoke or an individual is allowed to go into that environment. Rush explained that the people can vote with their feet. This has nothing to do with rights of one person or another. Either the City will get involved or it will let the marketplace take care of it. Rush encouraged the Council to examine the community in which they live. This is a conservative town. CITY COUNCIL MINUTES June 11, 2002 Page 10 The following spoke for a smoke-free ordinance Marie Herman, 7260 Steward Dr. – Herman explained that hers is an emotional appeal. She has had four family members pass away from cancer. If this ban can prevent one person from one family from suffering from losing a family member or friend it should be adopted. Deb Lillegard, 14384 Westridge Dr. – Lillegard said she is a cancer survivor and works in health care with cancer patients. Eden Prairie is a safe and growing community and she believes it is the duty of the citizens to keep our community safe. Lillegard indicated that it is important to realize the dangers of second-hand smoke. She strongly urged the City of Eden Prairie to hear the majority of the voices of the community asking for a healthy environment. Chris Tholkes, 804 Concorida Ave., St. Paul, American Lung Association of MN – Tholkes encouraged the Council to pass some significant restrictions on smoking in Eden Prairie work sites. Second-hand smoke is a serious public health problem. Stacy Pearson, 13222 Buch Lane – Pearson explained that she did work in a smoking restaurant and did notice that her health decreased. As a restaurant worker, she did not have the choice to stay in a smoking or non-smoking section. With regard to ventilation, Pearson pointed out that it would take 100 square feet of building area per smoker to dilute the air enough. Pearson presented to the Council statistics regarding ventilation systems. Pearson said she would like to see this ban enacted in Eden Prairie. Kathy Iverson, 5410 York Ave., Edina, Hennepin County Prevention Coalition and Hennepin Medical Society Alliance – Iverson pointed out that many deaths occur each year from second-hand smoke. She asked the Council to make an immediate effort to eliminate exposure to second-hand smoke. They need to protect the health of the people that work in the establishments. John Graham, 322 W. St. Louis River Road, Cloquet – Graham explained that he owns an auto repair shop and golf range in Cloquet. Cloquet does have a smoke-free ordinance and they have not experienced any negative effects from this ban. Graham pointed out that tobacco does not control Cloquet’s economy. Renee Whisnant, 9109 Terra Verde Trail – Whisnant stated that tobacco smoke is poisonous and she questioned why they are letting people poison their air. Each year 65,000 people die because of second-hand smoke. As a community, they have an obligation to prevent this deadly exposure. This will also give the smokers in the community the support to quit smoking. JoAnn Wroblewski, 9060 Cedar Forest Road – Wroblewski said she works in a smoke free workplace and everyone loves it. This is a great opportunity and the City could market it. If this smoking ban is adopted Eden Prairie would be the place to be. CITY COUNCIL MINUTES June 11, 2002 Page 11 Wroblewski said she fully supports adoption of this ordinance and encourages the Council to do the same. Peggy Aguilar, 10108 Mead Lane – Aguilar indicated that she is in support of the smoke- free ordinance primarily because of the health issues. She truly believes this is something she can do to prevent her chances of getting lung cancer and stated that her family supports this issue as well. Leslie Ellis,10860 Forestview Circle, – Ellis stated that he is involved in the organization Clean Air on the Prairie. They have heard many arguments both for and against the proposed non-smoking ordinance but the fact remains that second-hand tobacco smoke is hazardous to our health. Ellis pointed out that poison toxic materials in tobacco smoke shows up in blood streams of non-smokers in the work place. It has been suggested by the restaurant industry that we should reach a compromise and that restaurants should be allowed to enclose a smoking area for smoking customers. Ellis explained that research has shown that ventilation required to remove nicotine concentration would result in an air velocity rate of a tornado. Ellis said they must take drastic measures now to help rid the City’s public places and work places of tobacco smoke. If they don’t act now then our children and their children will pay the price with health and dollars for years to come. Paul Wilson, 1204 5th St., Rochester – Wilson stated that he wanted to respond to two issues. The first is the issue of a referendum. Counties cannot have referendums and the City of Rochester did not vote 7-0 against a smoking ban and they did not table a city smoking ban. They did nothing, they did not act. Under State statute, county boards basically serve as the Board of Health within their jurisdiction. Wilson said he feels it is not a stretch for any government body to look at safety concerns or issues and it is not at all improper to investigate a no-smoking ordinance. This is a decision this Council will have to make and it is not an easy decision. This is not an issue of your right to smoke, it is a responsibility. The issue is responsibility and how we as a society will handle second- hand smoke. Pete Dehnel, 6700 Cornelia Dr. – Dehnel strongly encouraged the Council to adopt the proposed ordinance and to take the opportunity now to help save the lives of people who live or work in Eden Prairie. This ordinance is the most effective way to protect non- smokers in the community. The Council is in a position of leadership and this is a wonderful opportunity to impact the health of the residents. Steve O’Neal, 228 S. 19th Ave., Duluth – O’Neal said he appreciates the process the Council has developed in considering this Ordinance. He wanted to clear up some misstatements regarding Duluth’s process. There was only one referendum and two ordinances passed. After the second ordinance was passed opposition did collect signatures. Two questions were placed on the ballot and both passed by over 61%. O’Neal said with respect to restaurants closing because of the smoking ban, since the original ordinance and referendum passed they have had several new restaurants open. An ordinance was passed that allows bar/restaurants to stay open until 3:00 a.m. They are CITY COUNCIL MINUTES June 11, 2002 Page 12 constantly in competition with their sister city in Superior. Chelsea Anderson, 9309 Cedar Forest Road – Chelsea said she looks forward to the possible impact of this ordinance. They will be enhancing the lives of the people in the community and they appreciate the efforts the people have taken to make work places smoke-free. Karen Nordstrom, 9123 Forest Hills Circle, Bloomington – Karen pointed out that surrounding communities have adopted policies making parks smoke-free. She feels that should Eden Prairie adopt this ordinance Bloomington will be following. Karen said she appreciates the efforts of the City of Eden Prairie. Ann Deshler, 6621 Galway Drive – Deshler explained that she is an oncology nurse and stated that a lot of people have no clue of the effects of second-hand smoke. It is clearly a health issue. Deshler said she and her family have made the choice to discontinue patronizing establishments that allow smoking. She asked that the Council adopt the proposed ordinance. V. ADJOURNMENT The meeting was adjourned at 10:55 p.m.