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09-06-2001 CCM MINUTES SPECIAL MEETING - HUTCHINSON CITY COUNCIL THURSDAY, SEPTEMBER 6,2001 Purpose: To discuss potential smoking restrictions within the community Mayor Torgerson called the meeting to order at 7:00 p.m. Members present: Mayor Torgerson, Jim Haugen, John Mlinar, Kay Peterson, Duane Hoversten. Also present were: Gary Plotz, City Administrator, Marc Sebora, City Attorney and Melissa Starke, Recorder. Mayor Torgerson noted that HCVN was taping this meeting and that it would be broadcasted at a later date. Mayor Torgerson presented a letter from Jerome Green from Morgan, MN. This letter was expressing the idea that second-hand smoke does not cause lung cancer or any other such diseases. Mayor Torgerson gave a brief history as to how this issue came about. Last November, Mayor Torgerson posed a question to the Council as to ifthere was an interest in smoking restrictions within the city. The Mayor was confronted by a business owner and a couple of private citizens with this issue. Following that meeting, a letter was sent out to restaurants and bars posing this same issue to receive their input. The Mayor also shared some comments with the audience that were received by the Duluth City Council. Gary Plotz stated that he received a phone call from the Chamber of Commerce Director from Cloquet, MN. She explained to Mr. Plotz that there are two questions on their ballot for November to either totally remove the smoking restrictions are to change the restrictions. There was discussion in regards to the 15% decrease in sales tax and how cities would be able to administer it. Ken Rocklers, Executive Director of Bowling Proprietors Association of Minnesota gave an explanation as to how Duluth had problems administering the 15% decrease. Mayor Torgerson went on to explain that the City sent out a survey to Hutchinson residents and he proceeded to explain the results of that survey. Mayor explained that he had received approximately 300 phone calls in response to the smoking restrictions. 250 of those calls were in favor of an ordinance and 50 were opposed to the ordinance. Mayor Torgerson explained that he and the Council are here to serve the citizens and follow what the majority of the citizens wish. The Mayor opened the discussion to the audience. Gail Plaisance, Hutch Bowl, spoke before the council. Mr. Plaisance explained that the local business owners had met and that representatives from local establishments were going to present before the council. Angie Juergens, Hutch Cat; explained that her business has been in Hutchinson for 32 years. Ms. Juergens read a letter from a ca:Eowner in Duluth who's business has declined immensely due to the smoking ban. Ms. Juergens explained that some of her customers have told her that this will effect her business. Jay Landreville, Lamplighter Family Sports Bar & Grill, presented to the Council that he had circulated a petition to his customers and that the overall vote was that they felt that they have their own choice as to what establishments they want to patronize. Gail Plaisance, Hutch Bowl, stated that he is a non-smoker and that his business is located in Hutchinson. He has much concern about the loss of business that he is threatened with if this ordinance is passed. Mr. Plaisance conducted a two-day survey of281 of his customers. The survey was completed mainly by non- smokers with the majority vote stating that smoking restrictions should be regulated by the business owner. Further results of Mr. Plaisance's'survey indicated that if this smoking ordinance is put in place, 1/3 of his business will not patronize his establishment. Mr. Plaisance also shared comments that were given to him on the survey. Mr. Plaisance expressed that he needs all of his customers and not just 70% of them. He also explained that he would not be able to hold state/district tournaments at his center if a smoking restrictions are passed. These tournaments bring a lot ofrevenue into the City. Mayor Torgerson asked Mr. Plaisance ifhe has asked his customers to contact the Council. Mr. Plaisance stated that he has to some of them. The mayor stated that he has only received five or six phone calls but no calls from business owners. Mr. Plaisance explained that many of the business owners are being neutral and low-key. They do not want to upset any of their customers, whether they are smokers or non-smokers. Mr. Mlinar stated that he has received a large amount of calls that are opposing the ordinance. Kay Peterson also stated that she has received a large amount that are opposing the ordinance. Duane Hoversten said the majority of his calls are in favor of the ordinance. The mayor stated that he is not personally pushing for this ordinance, however the majority of the calls that he has received have been in approval of the ordinance and he is making it known to the public. Mayor Torgerson explained that he and the council members are very pro-business and they do not want to see any of the businesses fail. Mayor shared some information from a Rochester bowling alley that had changed their business to smoke-free. It has been very positive for this particular bowling alley. Mr. RockIer explained that he believed that the center in Rochester has 16 lanes and doesn't allow smoking in the lanes, however there is smoking allowed in the bar that is directly adjacent to the bowling alley. Woody Lamprecht, Bavarian Haus, presented before the Council. Mr. Lamprecht feels that clubs should be included in the ordinance. He also feels that restaurants should be able to make their own decisions whether or not to be smoke-free. His restaurant currently has a separate smoking room. Mr. Lamprecht expressed that he feels this ordinance will not effect his business too much, however he is concerned for his fellow restaurant owners. His final feeling was that the City Council should not be the decision makers on this issue and leave it in the State's hands. Matt Woelfel, Country Kitchen, presented before the Council. Mr. Woelfel stated that the Country Kitchen in Duluth has lost 15% of their business and that this has been the worst quarter for their business in 22 years. Mr. Woelfel handed out an article from the Duluth newspaper stating that 36 out of 40 businesses had declining sales after the smoking ban was put in place. He also handed out a second article from Kenosha, WI showing that 20 businesses had declining business of 15 % - 20%. He also handed out another letter from a Baker's Square restaurant stating that business decreased 7% after a smoking ban was issued. Mr. Woelfel also expressed that they want to please all of their customers. Roger Olson, American Legion, presented before the Council. Mr. Olson commented that he has been encouraging people to call the council members and the response that he has received is that they would prefer to wait for the ballot box because the council "will not listen to them anyway". Mr. Olson stated that he was speaking on behalf of the American Legion, VFW, and the Elks Lodge. All of them want to be included in the ordinance. Mr. Olson explained that a large part of their business comes from pull tab sales. If a smoking ban is put in place, there is a large amount of people that will not patronize their businesses and they will lose a huge amount of money in pull tab sales alone. Mr. Olson stated that these clubs donate a very large amount of money to youth and families, with a large portion of the donated funds coming from pull tab sales. Scholarship programs, baseball, softball and hockey programs, as well as the band program are all supported by these clubs. Mr. Olson pleaded with the council to not pass this ordinance for the good of the youth and the community. He asked that the council give this serious consideration. Mayor Torgerson expressed that he takes offense to the fact that people are not contacting him and the council because people believe that their minds are already made up. Mayor Torgerson listens to everything that people express to him. Bob Gehlen, Elks member, American Legion member, presented before the Council. Mr. Gehlen presented information to the council in regards to the activities of other cities in regards to smoking bans. There are 11 out of 15 cities within Minnesota that have denied smoking bans. Mr. Gehlen also handed out resolutions from Proctor and Hermantown that deny the consideration of smoking bans within their communities. He also presented information that there is a repeal on the Duluth ballot to reverse the smoking restrictions in their city. Mr. Gehlen explained information on how the MN Smoke Free Coalition was established. He also handed out the Coalition's budget. Mr. Gehlen expressed the fact that the Hutchinson hospitality industry is upset that an outside organization is lobbying the local City Council on dictating how local businesses should run their establishments. Mr. Gehlen handed out a sample resolution that the Council could adopt that would allow the state to mandate smoking restrictions and not city government. Mr. Mlinar expressed his appreciation to Mr. Gehlen for the effort he put forth in providing all of the information to the Council. Aurelio Mendez, Lindo Mexico Restaurant, presented before the council. Mr. Mendez explained that he opened his business four months ago and decided to be smoke-free. He feels that each business should have the right to decide for themselves whether they want to put in place smoking restrictions. Randy Flagg, private citizen, presented before the council. He expressed his thoughts that he does not favor the idea of local government dictating local businesses. Michelle Lagenhagen, business owner, presented before the council. Ms. Lagenhagen stated that statistics and surveys could favor either argument, therefore they could be misleading. She is a business owner in Hutchinson, however not the owner of a bar or restaurant. Ms. Lagenhagen expressed her thoughts that businesses and customers have rights to make their own decisions. Ms. Lagenhagen questioned where the restrictions would stop - just with smoking or further (i.e. not selling red meat, eating healthy, etc.). Bruce Santleman, Country Kitchen, presented before the council. Mr. Santleman shared with the council how it would impact the restaurant business. He explained that this would effect his market share. Mr. Santleman feels that this is a livlihood issue with the local businesses. He expressed concern as to why restaurants are singled out for issues such as this. He is also concerned with the enforcement issue for the restaurants. Don Pankake, American Legion, presented before the council. Mr. Pankake shared several points. He presented information with the council that a supper club in Hermantown has completely increased business due to the smoking ban in Duluth. They are right across the border and have acquired much business from the Duluth area. His second point was that the Rochester bowling alley has gone smoke free due to the owner's discretion. His third point was that a survey was taken at 3M and the overall feeling was that local government should not mandate local businesses. A pause was taken for a tape change. Bob Bowen, private citizen, presented before the Council. He feels that every time a law is passed, citizens lose a little more freedom. He feels that everyone should have a say in this issue and it should not be arbitrarily passed. A waitress from Country Kitchen presented before the Council. She expressed concern that if Country Kitchen loses business, she will not be able to raise her family. She feels that patrons will go to neighboring communities where they will be able to smoke. Ken RockIer, Exec. Director MN Bowling Proprieters Association, expressed his belief in independent choices. Mr. RockIer stated that Hutchinson would be the fIrst city with a mandated smoke-free bowling center. He stated to the council that if Hutch Bowl becomes smoke-free, the large tournaments will not come to the community. These large tournaments bring huge amounts of money into communities. He stated that this is a business issue and not a health issue. Bob Gehlen stated that the one business that came forward to be smoke-free has the option to be smoke- free and it should not be mandated to all other businesses to do the same. Mark McCaleb, private citizen, presented before the council. Mr. McCaleb expressed to the council that businesses should be able to make their own decisions and have their freedom to decide how to run their business. Duane Hoversten expressed appreciation to everyone that shared with the Council tonight. Mr. Hoversten asked for a solution to the 70% of non-smokers in the city that want to patronize only non-smoking establishments. Mayor Torgerson stated that there are 10 restaurants in town that are smoke-free. However, they are not "finer restaurants" but rather fast- food types. There are not a lot of choices in town for the non-smokers in the city that would prefer a complete non-smoking facility. Jay Landreville presented a solution to Mr. Hoversten's question. The 70% of the community that are non- smokers should put their money in one bank and open their own non-smoking restaurant. Mayor Torgerson presented the ideas of what rights non-smokers have. Kay Peterson thanked everyone for coming and that it was important to hear from everyone. Jim Haugen stated that this is a very tough issue for the council. Mr. Haugen stated that this issue has shifted from health issues to business/economic issues. John Mlinar thanked everyone for attending tonight. Mr. Mlinar stated that the phone calls that he has received have shifted from favoring the ordinance to opposing it. He also expressed the idea that this definitely is a health issue, but at what cost? Mr. Mlinar stated that there are many spins to this issue. Mayor Torgerson read a letter from a concerned citizen. This letter expressed the thought of common courtesy of smokers and that it has come down to government to legislate the common courtesy of smokers. Mayor Torgerson thanked the community for attending tonight and sharing all the information that they had obtained. The issue will be addressed at the September 11, 2001 City Council meeting. Meeting adjourned at 9:10 p.m.