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. . . ARDEN HILLS CITY COUNCIL - APRIL 26,1999 13 Councilmember Malone indicated that he would prefer for the sentence to state that the City thinks smoking is the cause of health problems, not that it knows smoking is the cause. Councilmember Larson stated that he could accept this suggestion, Councilmember Larson asked what was meant by the statement that the City would need a Federal waiver in order to eliminate vending machines, Mr. Fritsinger stated that the City does not have the ability, as a local government, to ban vending machines. The Minnesota League of Cities has indicated that a Federal waiver would be required to do so. Councilmember Aplikowski stated that she was uncomfortable with the part of the ordinance that eliminates vending machines. She indicated that this will cause a burden on local businesses and it will not prevent minors from accessing cigarettes, Attorney Filla stated that the intent of the ordinance is to bring together the laws that are currently on the books and to make it more convenient to understand the Minnesota State law. Mr. Fritsinger confirmed that the sentence, which Councilmember Malone was concerned about, would be changed to "Smoking is believed to be associated with several serious health problems,.." Councilmembers Malone and Larson concurred. Mayor Probst asked if the adoption of the ordinance requires a majority vote. Attorney Filla explained that two motions must be made and there needs to be a three-fifths majority on the ordinance and a four-fifths majority on the sunlmary publication, Mayor Probst asked, if the ordinance is passed with at least a four-fifths majority, does the summary still need to be voted on. Attorney Filla stated that it does. Councilmember Larson confirmed that the ordinance summary was the last page of the document. Mr. Fritsinger stated that it was, He asked Attorney Filla if additional notification needs to be made to the local vendors, Attorney Filla stated that additional notification does not need to be made. Councilmember Aplikowski asked, if only an ordinance summary is published, how will the local vendors know exactly what is in the ordinance. Mr. Fritsinger stated that the vendors were supplied with a copy of the ordinance when the notification was sent out. MOTION: Councilmember Aplikowski moved and Councilmember Larson seconded a motion to adopt Ordinance #3] 0, "Relating to the Sale, Possession, and Use of Tobacco Products, and Tobacco Related Devices in the City of Arden Hills." The motion carried unanimously (5-0). MOTION: Councilmember Aplikowski moved and Councilmember Larson seconded a motion to direct the City Administrator to publish a summary of Ordinance #310, The motion carried unanimously (5-0).