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News Alley L# ~ Updates from City Hall--February 25, 1998 ~ Public Safety Department · Carver County Sheriff's Sgt. Bob Pagelkopf's father passed away over the weekend in Chaska. Bob is one of the liai- sons between the city and county. · A potentially devastating house fire was averted on Fox Path over the weekend as a result of a quick call and fire department response. The report by Greg Hayes is attached. · Testing of outdoor warning siresn will resume in April. · The first Operation NightCAP/ Safe & Sober shift resulted in 3 OWl arrests and a number of other contacts. Recall that this state grant costs the city nothing. · Kerri Nolden has successfully completed her field training through the Sheriff's Dept. This training was provided to us by Carver County at no cost, which is another example of the "win! win" relationship we enjoy with the county. Finance Department . In the February 23rd accounts payable, there was a problem with pages 22-25 of the Open Invoice Register. Attached are the respec- tive pages of the Detail Check Register. Once checks are printed, an invoice register can no longer be printed and staff does not keep the original invoice register due to the volume of paper. · Pam will be on vacation through March 13. · The city now accepts Visa and Mastercard at 3 locations: Rec Center, Public Safety and Adminis- tration front desks. Planning Department · The AmericInn Motel should be open by this weekend. No grand opening celebration is scheduled at this point. · The city received a $9,347 grant from the 1998 Carver County Community Grant Program. The money will be used to sponsor a a brush collection day in the spring and the fall. Park & Recreation Dept. · The Park and Recreation Com- mission discussed the proposed extension of Coulter Blvd. at their February 24th meeting. It is the Commission's beliefthat the construction of this road is not in the best interest ofthe community. This position is consistent with the outcome of the special work session called to discuss the pros and cons ofthis proposed road extension. City Council members, Planning Commissioners, Park and Recreation Commissioners, and staff members representing all affected departments were present at this meeting. A letter from the Commission expressing some of their feelings is attached. Public Works/Engineering · Street sweeping continues. Lake areas are done. · Erosion control inspections are in full swing. Administration · Attached is a memo from Scott Harr regarding tobacco compli- ance checks. · Don and Todd will be out of the office on Friday for the Metropolitan Area City Manager's Association Work- shop (Friday & Saturday). · Fire Dept News: Earlier this week I had an excellent meeting with our new fire chief, John Wolff. John will be an excellent chief for our city. He is bright, energetic, and has earned his position through the ranks. During our meeting, I challenged John to establish broad objec- tives and goals for the depart- ment to be accomplished over the next year/five years. The entire department, through its chiefs, should establish these goals/objectives. I informed John that both the city council and I would be interested in participating in this objective process and agreeing to these objectives before it was brought back to the entire department. Examples of objectives that I thought John should consider included: - Role of Volunteer Firemen: Unfortunately, I have seen too many of our firemen experience burn out. We simply call on them to do too much during a time when the importance offriends and family are regaining impor- tance. What can we do as a city to ensure that our volunteers can continue to receive the rewards that they were seeking when they first volunteered?; and - Communication: For many years, we maintained a strong positive relationship between the fire department and city council. In recent years, many of the social events of the fire department have not included an invitation to the councilor myself. I consider this unfortunate and does not provide the cohesiveness which I believe is important to a healthy city organization; and - Paramedic Service: Waconia Hospital's paramedics are cur- rently housed in the west fire station. This produces conflicts between volunteer firemen and the paramedics. Potentially we should be looking at bringing that service closer to the heart of our popula- tion and reducing travel time to Chaska. The Steiner property potentially benefits both Waconia and residents of the City ofChan- hassen; and - Medicals: Without a question, responses to medical emergencies dominate our call-outs. Most firemen volunteered because they enjoy running into burning build- ings, which assuredly is not one of my goals in life. However, realiz- ing that that is a real world fact and coupling it with the objectives listed above, should we not be considering a different model which greater utilizes the para- medics and places a lesser burden on our fire department; and ,. - Etc., etc., etc..... John was very receptive to my suggestions and will carry those back to the fire department. I would anticipate an additional meeting with John in the near future to review what ideas the department has come up with for broad objectives for 1998/five years from today. I also attempted to make one additional point very clear to John, and that is that the fire department can be looked as a mini-city council. They, in con- junction with council, are the ones who are responsible for overall policy decisions of the fire depart- ment. City staff's role (mine, Scott Harr, Mark Littfin, and Greg Hayes) are to ensure that the fire department is capable of complet- ing the objectives that are set between the department itself and the city council. The fire depart- ment is not working for any staff member. Our role is solely one of supporting the objectives that they established and helping the depart- ment achieve them. CHA~~~~SEN FIRE OEPT. CHANHASSEN FIRE DEPARTMENT ,-" g~..'J. ", . ,Po-:::::==- [", -== , .. - . - 'r_:..--.._-:- P.O. Box 97 . 7610 Laredo Drive· Chanhassen. MN 55317 Bus. Phone 934-9191 . Minnewashta Station No.2· Phone 474-7094 FIRE INVESTIGATION REPORT CITY OF CHANHASSEN t 'Y .' ì ~¿) [I C (\~ ) 1\ \ ~ ~ /f '\ \ í '"II \) \ íJ' ,,/ ,aµ <\~ ¿ t 1 ,\ ,i' \\v~ 5 ~./ "- c( \~~~ \~ tf/ / ð- ./ ',r ¡'~ ?I,~ 'U (.-) .1..- / 5-" l Y ~. '\c/ì '\J- l > ,.,.. J7 r~ NAME: Richard LaMettry ADDRESS: 9490 Foxford Road PHONE: 445-4352 (h) OWNER: Richard LaMettry 9490 Foxford Road Chanhassen, MN 55317 TIME OF CALL: FIRE DEPT. IN SERVICE: FIRE DEPT. ON SCENE: FIRE CONTROLLED: FIRE EXTINGUISHED: CLEAR SCENE: 1520 1520 1527 1545 1550 1650 Fire investigation done by Greg Hayes, Chanhassen Fire Inspector. Fire report written by Greg Hayes, Chanhassen Fire Inspector. I, Greg Hayes, Fire Inspector with the City of Chanhassen investigated the fire at the above address. My initial assignment for this incident was as apparatus operator on the ladder truck. After the fire was extinguished, I was then moved to do an investigation into the cause of the fire. Fire Department Response: On February 21, 1998, at approximately 1545 hours, the Chanhassen Fire Department was dispatched to a residential fire which was reported as starting in the basement. The first unit on scene was Fire Chief, John Wolff, whose initial size-up was a large residential home with nothing showing. Among further investigation he found that at the rear of the residence in a rec room area there was moderate smoke from a fire which had originated in the area ofthe hot tub. After the first engine arrived they laid a 2 Yz inch supply line to the rear of the residence and used a gated wye to attach hand lines to attack the fire. The fire was extinguished very easily and the second and third incoming trucks were used for ventilation. After ventilation was complete, the fire department cleared the scene and the Fire Chief, John Wolff, Assistant Fire Chief, Bob Moore, and Fire Inspector, Greg Hayes, stayed on the scene for investigation. The Structure: The structure is a large three story residential home which sits on the south end of Lake Riley. The structure sits down a hill from Foxford Road and has a windy driveway to a front garage and another driveway which wraps around the house to a garage in the rear facing the lake. Fire Investigation Report February 23, 1998 Page 2 Interior: At the rear of the residence there is a door which enters into a rec room in the area of where the fire had started. In this room there is little evidence of any smoke damage and there is no evidence of any fire damage. Inside this room there is another little room which is enclosed with glass windows and a door in which sits a hot tub. Inside this room there is moderate smoke damage and heavy fire damage down on the left side of the hot tub by the motor compartment and electrical box. Most of the damage to the hot tub unit was to the motor area and electrical box area and extended underneath the tub approximately half way across the bottom of the tub with the most extensive damage on the left side of the tub. There is a small wood deck which runs around two sides of the tub. The deck which was in contact with the tub by the area of origin of the fire was damaged. However, the damage was very limited. Interviews: I met with Richard LaMettry (DOB 3-13-50) and interviewed him in regard to the cause of the fire. Mr. LaMettry said he was sweating a pipe by the hot tub to connect in for the tub and started the insulation on the side of the tub on fire. The insulation smoldered; he tried to extinguish it and his wife made the phone call to 91 L After many attempts he was unsuccessful at extinguishing the fire. He was able to keep the fire under control and limit its spread. I then explained to Mr. LaMettry that I was going to go in and take a look at the fire and that I would be back to talk to him about any questions that I had. Point of Origin: The point of origin was determined to be the left side of the hot tub by the electrical panel and just above an area which had a piece of pipe coming into the wall and a piece of pipe laying on the floor. The fire spread upward and outward. However, it also ran underneath the tub. There was extensive fire spread across the tub to the right over the motor compartment because of insulation and the plastic materials for the hoses. There was evidence of a "v" pattern which pointed to the area as described above. Cause: It is determined that the cause of the fire was sweating of the pipe which accidentally started the hot tub on fire. All other causes were eliminated. There were no other sources of ignition in that room to start the fire. Upon scene examination, I found a torch by the hot tub and also found pipe cutting materials down underneath the tub in the area of origin. An incendiary cause was ruled out due to the limited damage that was caused and also there is no financial motive for starting this fire. Respectfully submi d, /~h Greg Hayes Fire Inspector GH/be 10.50 ::Iage: 11 )ate: 02125/98 City of Chanhassen Detail Computer & Manual Check Register Current File, 02/23/98 to 02/23/98 , All Accounts, Sessions 000000 to 006243 ?ayment I Vendor Information 1 D:~:~~~:~~~_~~~~~~:_____ _~~!~~~~~~--------------- ~ =------------------------ -------------------------= = ======= ======== ========== theck#: 79500 Ck Date: 02/23/98 \ Vendor: HEACOO 1 HEATING & COOLING TWO 1 3310-101-000-000 REFUND PERMIT '2022-101-000-000 REFUND PERMIT P Session Invoice Amount 2 006237 4747 2 006237 4747 10.00 0.50 ---------- ~heck#: 79501 Ck Date: 02/23/98 , Vendor: HEMPEL 1 DAVE HEMPEL 2005-101-000-000 FLEX-DAYCARE 2005-101-000-000 FLEX-DAYCARE 2 006237 021798 2 006237 021898 54.16 143.76 ---------- 197.92 Check#: 79502 Ck Date: 02/23/98 ; Vendor: HOESE 1 DOUG HOESE 4370-101-125-000 TUITION REIMB/MEETING LUNCH 2 006237 010598 2005-101-000-000 FLEX-HEALTH 2 006237 021798 198.53 260.35 .--------- 458.88 ~heck#: 79503 Ck Date: 02/23/98 , vendor: HOIKOE 1 HOISINGTON KOEGLER GROUP 4300-441-000-000 98-17 NEIGHBORHOOD PARKS 4300-410-000-000 RNO HOUSE PK OEC 97 SERVICES 'Check.: 79506 C' Date: 02/23/93 Vendor: HUTCAF I HUTTON'S CAFE 4410-101-143-000 DODN CATERING SERVICES 2 006237 021298 504.08 2 006237 123197 393.75 ---------- 897.83 2 006237 149613 225.00 ---------- 225.00 2 006237 017220 16055.60 2 006237 R16957 26889.19 ---------- 42944.79 2 006237 021298 871.10 ~heck#: 79504 Ck Date: 02/23/98 Vendor: HOLDEN 1 HOLDEN & ASSOCIATES CONSULTING 4300-410-000-000 LK ANN PK ATHLETIC FIELD LGH ,Check#: 79505 Ck Date: 02123/98 Vendor: HOWGRE 1 HOWARD R. GREEN COMPANY 4300-444-000-000 1998 TRAIL PROJECTS 4300-444-000-000 1998 TRAIL PROJECTS Page: 12 Date: 02/25/98 City of Chanhassen Detail Computer & ManuaL Check Register Current File, 02/23/98 to 02/23/98 All Accounts, Sessions 000000 to 006243 Payment I Vendor Information Distribution Account Reference P Session Invoice ==================:====== ======:===========:======: = ======= =======: ========== Amount .~-------- 871.10 Check#: 79507 Ck Data: 02/23/98 Vendor: ICBO / I.C.B.O. 4360-101-125-000 ANNUAL OUES 2 006237 98576093 195.00 ---------- 195.00 Check#: 79508 Ck Date: 02/23/98 Vendor: INFRAT / INFRATECH 4550-700-702-000 3 HRS TELEVISE HOUSE SERVICE 2 006237 980073 495.00 ---------- 495.00 Check#: 79509 Ck Date: 02/23/98 Vendor: INTBAT / INTERSTATE BATTERIES 4140-101-122-000 BATTERY TRUCK 218 2 006237 127658 125.56 -------.-- 125.56 2 006237 052921 55.80 2 006237 056766 124.60 ---------- 180.40 2 006237 020998 24.97 ---------- 24.97 Check#: 79510 Ck Date: 02/23/98 Vendor: IDS / I.O.S. 4410-101'143-000 COPIER MAINTENANCE 4530-101-131-000 COPIER MAINTENANCE Check#: 79511 Ck Date: 02/23/98 Vendor: JEMS / JEMS 4360-101-122-000 YEARLY MEMBERSHIP Check#: 79512 Ck Date: 02/23/98 Vendor: JOHN17 / CHUCK JOHNSON 4530-1DI-143-000 REPAIR TO TREADMILL 2 006237 21 98.84 ---------- 98.84 Check#: 79513 Ck Date: 02/23/98 Vendor: KELFEN / KELLER FENCE COMPANY 2024-915-000-213 FURNISH/INSTALL FENCE 2 006237 7480 1660.00 City of Chanhassen Datail computer & Manual Check Register Current File, 02/23/98 to 02/23/98 All Accounts, Sessions 000000 to 006243 Payment I Vendor Information Distribution Account ~aBe: 13 Date: 02/25/98 , Reference P Session Invoice Amount = ======= ======== ========== 1660.00 ------------------------- -------------------------- ------------------------- -------------------------- Îcheck#: 79514 Ck Oate: 02/23/98 ¡ Vendor: KENNGR / KENNEDY t. GRAVEN j 4300-494-000-000 NORTH BAY TIF ¡Check#: 79515 Ck Date: 02/23/98 j Vendor: KILELE / KILLMER ELECTRIC CO.,INC ; 4530-101-135-000 INSTALL STR LIGHT-NW CORNER 4530-101-135-000 REPAIR FLICKERING RED SIGNAL 2 006237 21804 2 006237 38917-70 2 006237 38918-70 ~Check#: 79516 Ck Date: 02/23/98 , Vendor: KIND / DEBRA KIND 4300-101-112-000 RESIOENTS GUIDE/WELCOME PACK 2 006237 CH712 4340-101-143-000 CORP FIT BROCHURE/NOTE CARDS 2 006237 CH804 'Check#: 79517 Ck Date: 02/23/98 , Vendor: KINKOS I KINKO'S 4130-101-143-000 CUTTING OF CARD STOCK 4130-101-145-000 PROGRAM SUPPLIES Check#: 79518 Ck Date: 02/23/98 Vendor: KIRCHO / CINDY KIRCHOFF 4375-101-111-000 BIRTHDAY PARTY SuPPLIES 4110-101-117-000 PLATES 2 006237 21000202 2 006237 21000207 2 006237 021098 2 006237 021098 Check#: 79519 Ck Date: 02/23/98 Vendor: KUSSIG / KUSToM SIGNALS INC 4704-950-000-000 EAGLE PLUS-LIGHT-POLICE CAR 2 006237 231714 Check#: 79520 Ck Date: 02/23/98 Vendor: LAKSUP / LAKE SUPERIOR COLLEGE ---------- 689.36 ---------- 689.36 120.77 54.25 ---------- 175.02 790.00 140.38 ..-------- 930.38 1.60 12.43 ---------- 14.03 28.29 2.08 ---------- 30.37 1929.78 -.-------- 1929.78 - ~ ¡-IRA ~.ç Page: 25 Date: 02/25/98 City of Chanhassen Detail Computer & Manual Check Register Current File, 02/23/98 to 02/23/98 All Accounts, Sessions 000000 to 006243 Payment I Vendor Information Distribution Account Reference P Session Invoice Amount ======-================== ========================== = ======= =2====== ===e=e==== Check#: 79597 Ck Date: 02/23/98 Vendor: YOUNG2 1 YOUNGS 4120-101-143-000 MIRROR Check#: 79598 Ck Date: 02/23/98 Vendor: 2IEGLE 1 ZIEGLER, INC 4120-101-132-000 ALTERNATOR-CAT 936 LOAOER Check#: 79599 Ck Date: 02/23/98 Vendor: ZYOOW1 1 ROBIN ZYDO~SKY 4240-101-126-000 SEWING OF UNIFORM PATCHES 4240-101-122-000 SEWING OF UNIFORM PATCHES Check#: 79600 Ck Oate: 02/23/98 Vendor: KENNGR 1 KENNEDY & GRAVEN 4300-460-000-000 INSTANT WE8 EMPAK-SPEC ASSES 4300-460-000-000 HIGHWAY FUNOING AGREEMENT 4300-460-000-507 BOWLING CENTER PROJECT 4300-460-000-515 CHANHASSEN PRN TAX APPEAL Check#: 79601 Ck Oate: 02/23/98 Vendor: ROARUN / ROAD RUNNER 4300-460-000-000 OELIVERY CHARGES Total For Check Account: 1010 -............._- 79.93 2 006237 42208724 105.93 -..-..------ 105.93 2 006237 PC001011 653.09 -..-------- 653.09 2 006237 021298 2 006237 021298B 33.00 42.00 ---------- 75.00 3 006238 20586 672.00 >k 3 006238 21802 2029.72 3 006238 21803 2379.41 3 006238 21805 1831.90 \\R~ ---------.. 6913.03 3 006238 114856 28.25 ---------.. 28.25 ---------- 499873.05 ---------- Check Register Total 499873.05 =========== Febru.~ry 24, 1998 We arc writing tJús ktter to express our heartfelt disappointment at your decision to appro',c preliminary pbns to extend Coulter Bouk\·ard. We apprcciatç the complexity of issues facing you dming thc growing years of our city. \\\: also und"rstand thaI your position requires you to base your decisions on "the big, picture". Since several of us werc in atKndance at the February 23 meding, IVe sensed the hesitancy in your ¡lceL,ion. We ask that you consider thc following points and respectfully request your reconsickration of Ihis wry difiicult, yd highly s.:nsitiw and important decL,ion. l\'1ayor Mancino and Chanhassen City Council 690 Coulter Drive Chanhasscn, ì\'IN 55317 Mayor ì\Iancino and Council ì\'kmbers: Wt' were not present for the prcsentation hy the M"l)OT representatiye, but ¡Ire quite cO(lnd~.nt that it ,vas hnpfc,,;~:iv~. n..;:~¡ng prof~ssion:tls. we;"ln kno\v how statistics rmd r~sc¡ìrch can be tnanipulaH.;d to suit one's purposç. Pka:;¿: di.)lÙ l-'~ intltni..::.bt(:d by studies :111d statistics. Consider your source and the potential hidden ;¡gcm!as. Howard Dahlgren ~iat.::d cL;a;"ly 10 us that this road \vas not ncc~:;SJry for the :;u~c¡;;;s orhi~, d,.~\\.::~opn1c.nt. TllÎ~: \\"a~, of course. whcn 11<' was under tll<' belief that he would be paying for ~(}:t';~j·u.::j\}n. Ho\\ quid<1~..' hls tun~' d~~liJ~:,.;d Wb-"::l ~-~îa~'~' f~:l-~;b~g C'¡~~::..' ~;¡lc 1!1~ l)~ctun;. Th¡~ i:-. a perfect c.\;ampk of how presenters ns~ :l1u! twist infm111Jtion to sui1ú their own [1Urposè. í.\1th CR·{ 1 b~ing ¡! rig.ht in, rigl1t-illll ;1¡';"::~:SS to Coulter. y,'(; i11Œ;l r~~lj?<: J11.1t this rO~ld \vi.l1 not be uSt.~d fm' residential or (:(\11'Hnunity ti'allil.:-. :\0 lH'\r..: vvii1 us~ Co~l{;';i" to tl'a\"i,;'¡ wes! un1css the industrial park is their destination. The" INDOT n;porls indical~ Ih;~1 trame congestion on Highway 5 will increase commu[cs during 1hç peak rush hour traffic hy appro;.;hnatc1y 2 lì1inutes. Think of t~l~ ll1any !tours of pkasure derived hy residents who would Iwve the opportunity to rcb;, and enjoy this undisturbcd nature prcscrvc. Wc arc rca!!y only talking about one hour in the müming and one hour in the c\"Cning of rw;h hour. Arc a coupk of núnutes in trafIic 1\'011h tlús sa\,;rÜiL:G? \Vc thÜlk HOt! Anothcr important point is thc fact that State funding requires tllÍs road to accommodate nim, ton tmcks. This cannot possibly be consi¡krec1 a "p:nl fli~nc1ly road". Planting houlevard trecs along, a road can:dng lún<;; ton trucks docs lit1lc to compensate for Ihe lìì~h~:i',1.: i.kslrudÎon don\.~ to ¡hI: n;¡iur;\i \.,:gda¡inn anù wildlife now found in this a1ï~a. Th~ only way this road \voald h~ ''i~·i~ndly'· i:-', tliat these huge trud~s wi!1 ki1l ¡lit,; de~r ~',O q1ikUy~ they \VUft't ¡,now what hit tl1"1II. Our commission had long range plans or dreams to l~ìCilitak th·: d.;\\;!opnh.:nl' of:11'1 ..~~n:jrolU11çntal1carning ccnt~r or n~11urç prGSL.1Y-..'. ~,h;~;br Ie, Wood!ake or Lowry. Tlùs would pro,ide a IVo;]ckrful passive park experience for our residents. Our citizens voted in June for open ¡uea preservation as their number one prio¡ity. \Vè nced (0 listèn to our votèrs! Thc administrator of Bluff Crcèk Elementary, June Jolmson, was very surprised and coneemed with the potentiill safely risks to the young walkers attending her school. She wiII be contacting you dircctly ~ith her concems, bul givcn the one mile walking zone æqlúr"d by Disl1ict 112, IVe neeù to he [e,"ful for Ihe safety of the 6-11 year olds walking to and fi'om Bluff Creek Elementat)' daily during truck traffic's peak hours. Also, please consider the lruck driver's who may decide to take a Sh011 cut olnf\~y. 5 turning on Audobon and travelling the whole distancc of Coultcr right past the school. TIùs puts all walkers injeopilrdy. We IVould also request you to rcview the Highway 5 Conidor Study pages 4-5, Sevcr:¡1 Goals and Policies st;lte c1eady Ihat ilny de\'e opmcnt must be sensitive to park and open ;;paC\':s. IVe [cd that devdoplllcnt ofthc extension ofCou!ter Boulevard will be in dircct vivialÎon of this Study's intent. Given these points, we respeetfully request ~'our reconsideration of your direction to fund plans and specifications for thc extension or Coulter. \I'c w;(1crstm¡d your motion was not Ic,r c.)f1stmction, but 1"',,;el unneeCSS¡ll} dollars wiJI be wasted on plans for a road Ih¡¡t should :;ç"....'r b..: huiIt. Thank you vcry much Ii)r your time ¡me! consider'¡lion. Rc.spcdflJlly. G?C/nP ~ A-~ 0· '\ ~~~ (':'~n~'l 1"'1'),' .."A,,:.? -h¡"¡'"n ('('Jnu.¡'s";(Jr¡"¡'s . ... "'''''- .. .........~...,..... .. \ CITY OF CHANHASSEN 690 Ciry<l.'mrer Drl,", PO Box 1.- Cballhilssell, MÙ¡;¡csotll 55317 Phon, 612.9F 1900 G,·nera! Fax61':.9F5739 Engineering Fax 612.937.9152 Pnb/ic Safècy h, 61':.934.2524 Wtb www.ci.chllllh¡lSsell.mn.1I5 ~,.,J //.1 MEMORANDUM TO: Chief Deputy Bob Bergmannn, CCSO Carver County Attorney Mike Fahe.y Scott Harr, Public Safety Directo~? U February 19, 1998 FROM: DATE: SUBJ: FDA Tobacco Compliance Checks Pursuant to our conversation in the past, I understand Carver County will be handling these required checks. Please keep me in the loop regarding the status of these. Thank you. SH:cd pc: Don Ashworth, City Manager Public Safety Commission The City ofClhlldJaS5f11. A growing "'l/lIlfmicy with de"n (J".,:"din' ,chool5, :1 chal7li:l/g do"'lIto" ". "..II'illg blli;ness". ,wd be,,!!::,;,! :'.Irks. Agr'''' pia" co Ii/e. I!'ork. ,,,!!i pi." - m Date: To: From: Subject: Minnesota Department of Health 717 Delaware Street Southeast P.O. Box 9441 Minneapolis. MN 55440-9441 (612) 623-5000 I February, 1998 Law Enforcement Agencies in Minnesota Sabina Cohen FDA Tobacco Compiiance Coordinator Division of Family Health Food and Drug Administration (FDA)Tobacco Compliance Checks This is to inform you about a contract recentiy signed between the federal Food and DnJg Administration (the FDA) and the Minnesota Department of Health to conduct tobacco retailer compliance checks in Minnesota. During these compliance checks, underage minors under the direct supervision of a commissioned FDA officer will attempt to purchase tobacco products. The minors are instructed to be completely honest and not to alter their appearance. This practice is allowable under Minnesota Statute 609.685 subdivision 3 (see attached). The purpose of the compliance checks is to enforce federal laws that require retailers to request the picture ID of anyone who appears to be under the age of 27 and to prohibit the sale of tobacco products to minors. Compliance check results will be reported to the FDA. Retailers found in compliance will be congratulated and first-time violators will receive a warning letter. Repeat violators will be subject to federal monetary penalties. Illegally furnishing tobacco to minors is a crime -- a crime that plays a role in the heavy toll tobacco takes on public health. Tobacco claims more American lives each year than alcohol, illegal drugs, homicides, suicides, car accidents, fires, and AIDS combined. Tragically, the majority of new smokers aren't even old enough to legally purchase tobacco. Nearly half of smokers in the 10th grade say they can buy their own tobacco. The new FDA rule seeks to dramatically reduce the rate of illegal tobacco sales nationwide. The enforcement mechanism for this new rule -compliance checks -is essential because it is the only way to test if retailers are complying with age of sales law, and in so doing, reducing the amount of illegal sales. We will be contracting with local public health agencies to carry out the majority of the compliance checks. If checks on retailers are going to be done in your area, you will be notified in advance by the local public health agency or by the Minnesota Department of Health. We ask that you keep this information completely confidential. Our office will also be responsible for following up on complaints by citizens who have witnessed illegal tobacco sales and have notified the FDA via the FDA hotline (1-888-FDA-4KIDS). These FDA compliance checks are not meant to meet state law requirements which require annual compliance checks on all tobacco retailers. Rather, we hope they work to complement local enforcement efforts. We will make every effort to ensure that they are coordinated with current or future local efforts. Please do not hesitate to contact me at 612/623-5238 if you have any questions or concerns about the FDA tobacco compliance checks. ,- L_.....I f"'\___~,.._:... '=....._1.....__ hUP://www.revtsor.leg.Slatc:.mn.uslst961609¡6¿5 - -:-:: ~innesol¡ ' Sututes 1996.609-685 Minnesota Statutes 1996. Table of Chal'ters , Table of contents for Chapter 609 609.685 Sale of tobacco to children. Subdivision 1. Definitions. For the purposes uf this sec~ion, the following terms shall have the meanings =espec~ivelY ascribed to ~hem in this sec~ion. . (a) "Tobacco" means 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, prepared in such manner as to be suitable for chewing or smoking in a pipe or other tobacco-related devices. Cb} ~Tobacco related devices· means cigarette papers or pipes for smoking. Subd. la. Gro.. mi.dema~or. (a) Whoever sells tobacco to a person under the age of 18 years is guilty of a gross misdemeanor. (b) It is an affirmative defense to a charge under this subdivision if the defendant proves by a preponderance of the evidence that the defendant reasonably and in good faith relied on proof of age as described in section 140A 503, subdivision 6. Subd. 2. Miadema~or. tobacco-related devices to guilty of a misdemeanor. Whoever furnishes tobacco or a person under the age of 18 years is 4- Subd. 3. Petty mi.demaaaor. Whoever possesses, smokes. chews, or otherwise ingests, purchases. or attempts to purchase tobacco or tobacco related devices and is under the age of 18 years is guilty of a petty misdemeanor. This subdivision does not applY to a person under the age of 18 yea~s who purchases or attempts to purchase tobacco or tobacco related devices while under the direct supervision of a responsible adult for training. education, research, or enforcement purposes. '- ~ subd. 4. Effect = local ordiDanc... Nothing in suba~visions 1 to 3 shall supersede or preclude the continuation or adoption of any local ordinance which provides for more stringent regulation of the subject mat~er in subdivisions 1 to 3. subd. 5. EsC8ptiOO1. Notwithstanding subdivision 2, a:: Indian may furnish tobacco to an Indian under the age of 18 years if the tobacco is furnished as part of a traditional I~dian spiritual or cultural ceremony. For purposes of this s~division, an Indian is a person who is a member of a.~ Indian t=~be as defined in section ?57 lS'. subdivision 9. H::ST: 1963 c 753 art 1 s 609.685; 1981 c 218 s 1,2; 1986 c 352 s 4; 1989 c 290 art 3 s 33.34; 1992 c 588 s 1; 1993 c 224 ar:. 9 s 44.45; 1994 c 636 art 2 s 44 ccpy=ight 199ó by the Office of Revisor of Statutes. State of Mi~~~esota. I