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City Council Regular Meeting Minutes April 26, 2011 Page 4 1 want to buy that tobacco product. He stated that the legislative intent is unclear to him as it 2 relates to sampling, but in this case, he felt that sampling meant people come in to buy the 3 tobacco and smoke it and hang out, and that does not represent sampling in his mind. 5 Councilmember Jenson reiterated his belief that with 11 businesses in the City that can sell 6 tobacco products, the City has created a discrepancy with those that can purchase, sell, and 7 consume on site, and the City has a responsibility to address that discrepancy so as not to create a 8 double standard in the City. 9 10 Councilmember Stille stated that the City does not proceed lightly in situations like this and has 11 relied on the opinion of legal counsel. 12 13 Mayor Faust questioned the $180,000 investment by Flamezz and why it would spend a 14 significant amount of money on the ventilation system given the fact that on the same night that 15 the City entered into a moratorium, it had to legally grant this tobacco license under the City 16 Council's Consent Agenda. He stated that he requested information from City staff regarding 17 the value of the permit for this property and the records indicate a value of $30,850, which is 18 significantly less than the $180,000 claimed by Flamezz. He indicated that the City Council's 19 intent is to find what is best for the City overall and to rely on legal counsel. He noted that if the 20 ordinance is adopted this evening, the ordinance will go into effect May 4`h. 21 22 City Attorney Gilligan advised that the statute provides that nothing in Minnesota Statutes 23 Sections 144.414 to 144.417 prohibits the City from enacting and enforcing more stringent 24 measures to protect individuals from secondhand smoke. 25 26 Motion by Councilmember Gray, seconded by Councilmember Jenson, to approve the Final 27 Reading of Ordinance 2011 -01; Amending the Tobacco Ordinance. 28 29 Motion carried 4 -0. 30 31 B. Ordinance 2011 -02; Terminating the Moratorium on the issuance of licenses for pipe and 32 tobacco shops Mike Mornson City Manager, presenting (first reading. 33 34 Motion by Councilmember Stille, seconded by Councilmember Gray, to approve the First 35 Reading of Ordinance 2011 -02; Terminating the Moratorium on the issuance of licenses for pipe 36 and tobacco shops. 37 38 Motion carried 4 -0. 39 40 C. Resolution 11 -031; Supporting Transportation Funding_ 41 42 Mayor Faust recited the Resolution Supporting Transportation Funding, supported by the 43 Regional Council of Mayors, a non - partisan body which supports Minnesota's continued public 44 transit funding including planned light rail and commuter rails. He stated that the resolution 45 encourages higher priority for public transit utilizing the monies dedicated for transit in the 11 46 county metro area.