CITY OF SHOREVIEW AGENDA CITY COUNCIL WORKSHOP Monday March 15, 2021 5:00 PM

MEETING FORMAT - This meeting is taking place virtually due to COVID-19. Members of the public may join the meeting the following ways: PC, Mac, iPad, iPhone, or Android device https://us02web.zoom.us/j/84462029374?pwd=cXYxMHpoMGhFRTlIdkQ4SkI2cUljUT09 Password: 303732 Phone Call 1-312-626-6799 Webinar ID: 844 6202 9374 Passcode: 303732

1. GENERAL BUSINESS 1.a Discussion regarding flavor ban 1.b Review of Updated Vision, Mission, and Core Values for the City of Shoreview

2. OTHER ISSUES

3. ADJOURNMENT

1 Memorandum TO: City Council Workshop

FROM: Renee Eisenbeisz , Assistant City Manager

DATE: March 15, 2021

SUBJECT: Discussion regarding tobacco flavor ban

ITEM 1.a NUMBER:

SECTION: GENERAL BUSINESS

REQUESTED MOTION

INTRODUCTION In 2016, the city council approved an ordinance that limits the sale of , excluding , mint, and wintergreen, to tobacco shops. Last year, the city received a request to expand its restrictions to include menthol, mint, and wintergreen. The council briefly discussed this at a workshop meeting and asked staff to bring it back this spring for further discussion.

DISCUSSION Katie Engman from the Association of Nonsmokers-Minnesota will be at the March 15 workshop meeting to discuss a possible expansion of the city's restrictions to include menthol, mint, and wintergreen. As you can see on the attached map, several cities in the metropolitan area have restricted or banned flavored tobacco products, including menthol.

Please find attached the following documents: Fact sheet on menthol tobacco products Letter of support from the human rights commission Summary of ANSR's 2020 survey on youth vaping Summary of Minnesota's 2020 survey on youth tobacco usage Policy brief on menthol

Ms. Engman also asked staff to pass along a video regarding menthol tobacco products. You can view the video at: https://www.youtube.com/watch?v=wDFseDzd63s

Please note that Edina and Arden Hills were both sued regarding their bans. The lawsuit against Edina claims that federal tobacco regulations preempt city regulations. Their ordinance was upheld by the federal courts, however it is being appealed. The lawsuit against Arden Hills claims that the ordinance is unconstitutional and unfairly targets tobacco businesses. No decision has been made on the lawsuit against Arden Hills.

When the city enacted the flavored tobacco ban in 2016, most of the tobacco retailers did not express strong objections to this change. Some of the retailers did express concern about banning menthol products since they do represent a significant portion of their sales. The

2 city's current regulations do exclude tobacco shops (Shoreview only has one tobacco shop) from the flavored tobacco ban. Tobacco shops are not allowed to have anyone under the age of 18 on their premises. Some of the other cities that have fully banned all flavored tobacco products including menthol and mint flavored tobacco have continued to exclude tobacco shops from this requirement. The most recent example of this action is the City of Roseville.

RECOMMENDATION

ATTACHMENTS MN cities with flavor restrictions Fact sheet Letter of support re flavored tobacco ban Youth vaping survey Minnesota tobacco survey Policy brief

3 Minnesota communi�es restric�ng the sale of flavored tobacco

20% of Minnesotans are covered by a flavored tobacco policy.

Duluth

Communi�es that restrict sales of fruit- and candy-flavored tobacco Communi�es that restrict sales of all flavored tobacco, including menthol Communi�es that prohibit sales of all Traverse flavored tobacco, including menthol County

Wheaton Brown’s Valley

Lauderdale Shoreview Fridley Arden Hills Robbinsdale Roseville New Minneapolis Falcon Heights Golden Valley Saint Paul St. Louis Park Edina Lilydale Mendota Heights

Rushford

www.ansrmn.org 4 Updated February 2021 ABOUT

MENTHOL The has marketed Easier to start, harder to quit. menthol as healthier and safer, but they are just as deadly. Tobacco companies add menthol to tobacco products Many people choose menthol cigarettes because to cool the throat and make they believe they are safer than non-menthol them taste better. cigarettes. They are not.

African Americans: 88% MENTHOL USE of African American adults who smoke use IN MINNESOTA menthol, compared to 25% of adult smokers overall.

High School LGBTQ Students: 34% Youth & 70% 36% of adult LGBTQ Use of menthol of Minnesota of LGBTQ youth Adults: smokers smoke cigarettes among middle and high smokers smoke menthol cigarettes. Minnesota high school school students menthols. smokers more than who smoke use doubled since 2000. menthol.

HARMFUL Menthol cigarettes cause cancer, Studies have shown that the tobacco EFFECTS OF heart and lung diseases, and industry has manipulated menthol MENTHOL . Tobacco use, including levels to broaden youth appeal. menthol-flavored products, is still the No. 1 preventable cause of death in Minnesota. 5 INDUSTRY MANIPULATION:

The tobacco industry has a long history of targeting the African American community, women, LGBTQ, and youth with menthol tobacco marketing.

Brands such as and would give out Tobacco companies free packs of menthol cigarettes from vans. began heavily Tobacco industry documents show these vans targeting African targeted young, lower-income, black smokers at Americans with “retail outlets, currency exchanges/check cashing stations, public aid offices, large housing menthol cigarettes complexes, shopping malls, rapid transit locations, in the 1960s. busy street corners, and nightclubs/bars.” — RJ Reynolds, 1989

AND NOW, A “We don’t smoke that s***. We “…the base of our business is MESSAGE FROM just sell it. We reserve the right the high school student.” TOBACCO to smoke for the young, the — Lorillard (Makers of Newport), 1978 EXECUTIVES poor, the black and stupid.”

— RJ Reynolds Executive, 1971

What can we do to stop the tobacco industry TAKE from harming our communities with menthol ACTION tobacco? Minnesota communities have the authority to regulate the sale of menthol tobacco products, a move that helps protect youth from a lifetime of tobacco addiction. Minneapolis and Saint Paul were the first cities in Minnesota to prohibit the sale of all Join us at: flavored tobacco products, including menthol, in any store that allows children to enter. Eight other Minnesota BeautifulLieUglyTruth.org communities have since taken similar action. Other cities across the state are considering regulating the sale of flavored References available at: and menthol tobacco inorder to protect youth and other BeautifulLieUglyTruth.org 6 populations targeted by the tobacco industry. (February 2021)

Dear Mayor Martin and members of the Shoreview City Council, The Shoreview Human Rights Commission strongly supports a city-wide ban on the sale of mint, menthol, and wintergreen flavored tobacco products. Menthol masks the harshness of tobacco smoke, making it easier to inhale and harder to quit. The tobacco industry has spent decades marketing menthol to the African American community. These tactics have created disparities among those who smoke menthol: 88% of Black smokers use menthol cigarettes compared to 25% of white smokers. The tobacco industry also has a long history of targeting youth with their products. Tobacco executives admitted to these intentions in emails and industry documents throughout the late 20th century. Now, the industry is craftier, but their intentions are still clear. The tobacco industry uses countless flavors like mint, menthol, and wintergreen to appeal to teens, ultimately leading to addiction. “The menthol loophole and subsequent inaction on menthol comes down to policy makers, political influence, and power. For decades, tobacco companies have been targeting marginalized populations with advertising for menthol cigarettes. It’s clear that a ban on menthol is not only necessary for the protection of public health, but also to achieve health equity in the US.” – Dr. Cristine Delnevo of Rutgers University. The City of Shoreview must address mint, menthol, and wintergreen flavored tobacco products. Banning the sale of these flavored tobacco products will reduce health disparities among the most vulnerable populations. This is a public health issue. This is a human rights issue. We cannot wait for the state or federal government when we have the opportunity to protect our community now. Sincerely,

Shoreview Human Rights Commission

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Data Highlights from the 2020 Minnesota Youth Tobacco Survey Any tobacco use ▪ Current Use: 20.5% of high school and 4.1% of middle school students reported having used a tobacco product in the past 30 days, a statistically significant decline from 26.4% (high school) and 5.2% (middle school) in 2017. An estimated 65,050 students in grades 6 through 12 used a tobacco product in the past 30 days, 12,740 fewer than in 2017. ▪ Ever Use: 37.9% of high school and 12.4% of middle school students reported having ever used a tobacco product, a statistically significant decline from 2017 (47.1% and 16.2%, respectively).

Flavored tobacco use (e-cigarettes, little cigars, smokeless, hookah, and menthol cigarettes) ▪ Among students who currently use tobacco (past 30-day): 81.8% of students (84.4% of high school and 62.5% of middle school students) used a flavored tobacco product (menthol or other flavors) in the past 30 days. ▪ Among students that currently smoke (past 30-day): 32.8% of high school and middle school students reported having smoked a menthol cigarette in the past 30 days. In 2018, 27.5% of adult smokers regularly smoked menthols. ▪ Among students that currently use e-cigarettes (past 30-day): 87.1% of high school and middle school students reported having used a flavored (menthol or other flavored) e-cigarette in the past 30 days. ▪ Among students that currently use cigars (past 30-day): 26.1% of students (15.5% of high school and 42.9% of middle school students) reported having smoked a flavored (menthol or other flavored) cigar in the past 30 days. ▪ 78.4% of high school and middle school students reported that the first tobacco product they ever tried was flavored.

E-cigarette use ▪ Current Use: 19.3% of high school and 2.9% of middle school students reported having used an e- cigarette in the past 30 days, not statistically different from the percentages in 2017 (19.2% and 3.1%, respectively). ▪ Ever Use: 35.4% of high school and 7.9% of middle school students reported ever using an e- cigarette, not statistically different from the percentages in 2017 (37.7% and 9.9%, respectively)

E-cigarettes and recreational marijuana use ▪ 18.2% of high school students reported having ever vaped marijuana, a significant increase from 11.4% among high school students in 2017. 2.5% of middle school students reported having ever vaped marijuana, a marginally statistically significant increase from 2017 (1.5%).

1 10 DATA HIGHLIGHTS FROM THE 2020 MINNESOTA YOUTH TOBACCO SURVEY

▪ Among students currently using e-cigarettes (past 30-day), 65.1% of high school and 71.7% of middle school students had ever vaped marijuana, a statistically significantly increase from 2017 (33.4% and 15.5%, respectively).

Signs of dependence ▪ 70.4% of students who used an e-cigarette in the past 30 days reported signs of e-cigarette dependence (78.0% of middle school and 69.7% of high school current e-cigarette users). ▪ 42.8% of current tobacco users reported having had a strong craving or feeling like they really needed to use a tobacco product in the past 30 days. ▪ 33.6% of current e-cigarette users are frequent users (used on 20+ days in past 30), a significant increase from 2017 (18.7%).

Cigarette use ▪ Current Use: 3.2% of high school students reported having smoked a cigarette in the past 30 days (current ), a steep decline from 9.6% in 2017; 2.0% of middle school students reported current smoking, not statistically different from 1.9% in 2017.

Cigar and use ▪ Current Use: 3.3% of high school students reported having smoked a cigar in the past 30 days (current use), a steep decline from 2017 (10.6%); 1.1% of middle school students reported current cigar use, not statistically different from the percentage in 2017 (1.4%).

Smokeless tobacco use ▪ Current Use: 1.3% of high school students reported having used smokeless tobacco in the past 30 days, a steep decline from 6.0% in 2017. 0.9% of middle school students reported having used smokeless tobacco in the past 30 days, statistically unchanged from 2017.

Polytobacco use ▪ 5.4% of students reported having used more than one type of tobacco in the past 30 days, a dramatic decline from 2017 (13.5%). Nationally, this statistic dropped only one percentage point in the same time period from 9.2% to 8.2%. ▪ The most prevalent combination of tobacco products used among students who used more than one product type was e-cigarettes and cigarettes (28.3%), followed by e-cigarettes and cigars (19.3%) and cigarettes, cigars, and e-cigarettes (10.2%).

Youth access ▪ Students age 17 or younger who used an e-cigarette in the past 30 days (but could not legally buy tobacco products in any jurisdiction) most commonly reported they got the e-cigarettes they used from social sources: 49.2% reported “someone offered them to me,” 30.6% reported they “asked

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11 DATA HIGHLIGHTS FROM THE 2020 MINNESOTA YOUTH TOBACCO SURVEY

someone to give me some,” and 27.8% reported “I bought them from another person.” [This question changed from 2017 to 2020; difficult to trend] ▪ 8.0% of high school students under age 18 reported they bought e-cigarettes from a store (including online stores), which is a substantial decline from 30.5% in 2017. ▪ [Note: deleted purchase source – too few respondents]

Cessation ▪ 57.3% of students who currently use tobacco reported having intentions to quit within the next 30 days or later, while 42.7% did not. ▪ 63.4% of students who were currently using tobacco reported having stopped using all tobacco for one day or longer in the past year because they were trying to quit for good. Only 36.6% of students who are current tobacco users reported not having tried to quit in the past year. ▪ 52.4% of students who currently use tobacco were interested in receiving help to quit if offered at no cost.

Secondhand smoke ▪ 46.9% of middle and high school students reported they had been exposed to secondhand smoke during the past 7 days at one or more locations, a significant decrease from 2017 (52.2%). ▪ 32.1% of middle and high school students reported they had been exposed to secondhand smoke in an indoor or outdoor public place; 22.6% at work; 17.5% at school; 17.5% in a vehicle; and 16.1% at home.

Secondhand aerosol ▪ 28.3% of middle and high school students reported they had been exposed to secondhand aerosol during the past 7 days at one or more location, a significant increase from 2017 (23.9%). ▪ 14.0% of middle and high school students reported they had been exposed to secondhand aerosol in an indoor public place, a statistically significant increase from 2017 (8.6%); 12.5% at home or in someone else’s home; and 16.1% in a vehicle.

Minnesota Department of Health Tobacco Prevention and Control 651-201-3535 [email protected] www.health.mn.gov/tobacco

02/22/21 To obtain this information in a different format, call: 651-201-3535.

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Lung Health Policy Brief

Menthol Hooks Kids and Keeps Adults Addicted

Industry uses flavor to make the poison go down more smoothly

The American Lung Association and our partners have repeatedly called on the Food and Drug Administration (FDA) to remove menthol cigarettes and all other menthol flavored tobacco products from the marketplace.

Menthol cigarettes remain a key vector for tobacco-related death and disease in Black communities, with over 80% of Black Americans who smoke using them. Menthol cigarette use is also elevated among LGBTQ+ Americans, pregnant women and persons with lower incomes. A recent study showed that while overall cigarette use declined by 26% over the past decade, 91% of that decline was due to non-menthol cigarettes.

There is extensive research documenting the role menthol cigarettes play in attracting youth and making it harder for people to quit smoking, especially among Black individuals. A report by FDA’s Tobacco Product Scientific Advisory Committee in 2011 and FDA’s Center for Tobacco Products in 2013 both concluded that removing menthol cigarettes from the marketplace would benefit public health in the United States.

The American Lung Association and our partners have sent numerous letters and filed multiple comments with the FDA, urging it to remove all menthol cigarettes from the marketplace.

• Updated Citizens’ Petition to the FDA, urging it to begin a rulemaking process to remove all menthol cigarettes from the marketplace (2021). • Letter to FDA urging it to begin a rulemaking process to prohibit menthol cigarettes (2020). • Letter to the House Energy and Commerce Committee, urging it to prohibit menthol cigarettes (2019). • Comments filed with FDA related to an advanced notice of public rule making prohibiting menthol cigarettes (2013). • Citizen Petition to FDA urging it to remove menthol cigarettes from the marketplace (2013).

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• Comments filed with FDA related to the Tobacco Products Scientific Advisory Committee’s analysis of the impact menthol cigarettes have on the public health (2010).

The Tobacco Industry Targets , Including by Using Civic Leaders • According to the Center for Black Health and Equity, “the tobacco industry has executed a calculated, menthol-centered strategy to establish a strong presence in African American communities, appropriate African American culture, and create a dependency on tobacco funding.” • The Center for Black Health and Equity has also called for the rejection of “the tobacco industry’s attempt to co-opt African American voices and position itself as a thought leader in our community…the [tobacco] industry is covertly promoting its own policy agenda to keep menthols on shelves. They have used respected African American civic leaders to host events and have claimed to honor Black Lives while denying responsibility for the 40,000 Black deaths they cause each year.”

For more information Erika Sward, National Assistant Vice President, Advocacy – [email protected] January 26, 2021

14 Memorandum TO: City Council Workshop

FROM: Renee Eisenbeisz , Assistant City Manager

DATE: March 15, 2021

SUBJECT: Review of Updated Vision, Mission, and Core Values for the City of Shoreview

ITEM 1.b NUMBER:

SECTION: GENERAL BUSINESS

REQUESTED MOTION

INTRODUCTION One of the goals identified by the city council during its most recent goal setting session was to clearly articulate Shoreview's work environment and culture. Some of the key elements of this goal include updating the city's vision, mission, and core values statement. In addition, the council asked that staff create a document that outlines the key characteristics and values of the city's governance model. The city council reviewed the draft documents at their workshop last month and provided some feedback. Since the full council was not at the workshop last month, they decided to continue the discussion at the March 15 workshop.

DISCUSSION The City of Shoreview has not updated its mission statement in many years. The current mission statement was developed in 1986 and is fairly lengthy. It has not been utilized a great deal by either the city council or staff. The current mission statement is shown below.

The Shoreview City Council, appointees, and staff are committed to providing a community environment that is managed in an effective, accountable, and efficient manner, and to enhance that quality of life which characterizes our community. Further, it is our desire that Shoreview will provide its residents with those physical amenities which make our community a well-rounded social structure in which residents may live work and play.

We strive to inform all residents of public issues and listen to their concerns for consideration in community policy.

Although this statement does have many characteristics of the city incorporated within it, the overall mission statement is too long and not very memorable or easily usable with the city council or staff.

As noted above, one of the goals identified in the most recent goal setting session is to ensure that Shoreview's culture and values continue as members of the council and staff retire. Some of the key elements of accomplishing this goal included clearly communicating the city's work culture by taking the following actions:

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Update Shoreview's vision, mission, and core values statement Document key operating characteristics, values, practices, and procedures by creating an organizational governance model statement Enhance the on-boarding and mentoring program for staff and new city council members

Based on this goal, staff has drafted three vision statements and three mission statements for the council to review. The council is being asked to review, provide feedback, and select a vision and mission statement for the city. Staff has also drafted a set of core values that would accompany whichever vision and mission statement is selected by the council. Below are definitions of vision and mission statements and core values.

Vision statement -What your organization (city) wants to be in the future - intended to be an aspiration statement Mission statement - An organization's purpose and plans for the present based on what it wants to achieve Core values - Identifying the key values that are critical to organizational success

Based on feedback from the city council, staff condensed the core values. Please note that the words in parentheses can either remain or be taken out. The revised document is attached. Below are the preferences for the vision and mission statements:

Vision statements - Mayor Martin and Councilmembers Denkinger, Quigley, and Springhorn preferred the first vision statement. Mission statements - Councilmember Denkinger preferred the second mission statement. Mayor Martin and Councilmember Springhorn preferred the third mission statement.

The second element of the goal was to develop a document that would articulate the organizational culture and governing approach. Staff has developed a separate document (We are Shoreview-attached) that articulates the governance model that has been used in the city. This model describes the organizational culture and values that have resulted in Shoreview developing an outstanding reputation throughout the state for effective governance. It discusses the form of government, as well as our efforts to operate as a team, establish strong working relationships, run effective meetings, and continuously improve. Staff revised the document slightly based on feedback from the city council in February.

RECOMMENDATION Staff is seeking council input in selecting which of the vision and mission statements best reflect the City of Shoreview, as well as any feedback on the core values that have been identified. In addition, staff would also appreciate feedback on the governance model statement that was developed. If the council selects a vision and mission statement, staff will bring them to a regular meeting for formal adoption.

ATTACHMENTS Shoreview's mission and vision We are Shoreview

16 Shoreview’s vision, mission, and values Vision 1. To be a welcoming community that provides quality services, safe and beautiful neighborhoods, a vibrant economy, and exceptional recreational opportunities. 2. To deliver a high quality of life and foster an atmosphere where all are welcomed and can thrive. 3. To be a community to live, work, and play (for both current and future generations of Shoreview residents). Mission 1. To deliver exceptional services that address community needs to provide a high quality of life. 2. To deliver exceptional services responsive to our entire community with integrity and friendliness. 3. To foster community pride and create a high quality of life by providing exceptional services and amenities.

17 Core values Welcoming community We take great pride in being a welcoming community and providing a high quality of life. Health and wellness We provide (outstanding) facilities and programs that enhance the health and wellness for residents of all ages. Open and honest government We provide an open and accessible government. We demonstrate the highest standards of personal integrity, equity, and honesty. Innovative and collaborative We support innovative and collaborative efforts that continuously improve our services, programs, and facilities. Customer service We provide high quality, customer-focused service. We treat everyone with respect, courtesy, and dignity. Stewardship We preserve, protect, and enhance our natural environment for current and future generations. Visionary We focus on long-range planning to operate a sustainable city (economically, socially, and environmentally). Communications and engagement We promote communication and engagement to make our organization and community better.

18 We are Shoreview Shoreview is a statutory city that operates under the Plan B council/manager form of government. The council consists of the mayor and four council members who are all elected at-large. The city council exercises all legislative authority including: • Establishing goals and objectives • Adopting ordinances and policies • Creating and appointing advisory committee and commission members • Consideration of a variety of land use and zoning decisions • Adopting budgets and tax levies The city manager is appointed by the city council and is responsible for the effective administration of city business in accordance with city council decisions and policies. Administrative decisions include: • Overseeing all employment decisions • Enforcing city ordinances and resolutions • Preparing and recommending annual budgets, capital plans, and tax levies The city has developed an outstanding organizational culture and reputation for its effective governance. This reputation is a result of the following factors: We operate as a team The city council and staff work as a team to achieve our mission, vision, and goals. We: • Work in a coordinated and collaborative manner • Work with a high degree of respect, trust, and openness • Value diversity in style and perspective • Think and act strategically to examine issues or situations and decide on a course of action We have clear roles and responsibilities The city council and staff understand their roles and responsibilities. The city council is responsible for creating policies and serving in the community’s best interest. The city manager is responsible for the day-to-day operations of the city and for implementing the city council’s priorities. The city council and city manager recognize that staff provide professional expertise. They will use their knowledge and experience to guide and inform decision making.

19 We have strong working relationships The city council and staff understand that a good working relationship with each other is key to successful operations. We: • Treat each other with dignity and respect • Act with civility and a high level of professional decorum • Trust each other and are transparent in our actions • Respect the diverse styles and perspectives among the city council and staff • Are open to innovative and creative ideas We have effective meetings The city council and staff understand the importance of our meetings. To ensure our meetings are effective, we: • Develop and adhere to meeting protocols and processes. • Spend time planning and organizing agendas to have more focused meetings. • Use the city council’s time and energy appropriately for meeting short- and long-term goals. • Honor the public’s participation and engagement • Start on time and hold meetings during accessible hours. We are accountable The city council and staff provide an open and accessible government. We use accountability to address and meet policy and program objectives. The city council provides short and long-term goals and budget, program, and policy oversight. The city manager is accountable for the results. The city council holds themselves accountable for their behavior, conduct, and effectiveness. We are always learning and improving The city council and staff understand that government is ever changing. The council and staff take advantage of professional opportunities to: • Build knowledge and skills • Enhance understanding of key issues • Increase awareness of best practices • Sharpen leadership and governance skills • Empower staff to think innovatively

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