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DRAFT Regular City Council Meeting Monday, October 21,2013 Page 7 Mayor Roe noted that staff had made further amendments at the direction of the City Council since discussion at the previous City Council meeting, as detailed in the RCA dated October 21, 2013, and Attachment A. Finance Director Miller concurred, advising that language had been tweaked with the RCA including a brief synopsis of staff's research with other cities and their regulatory efforts for e-cigarettes. Mr. Miller noted that this presented a regulato- ry challenge, since enactment of an amendment to the City's Tobacco Product Ordinance amended in 2012 to include e-cigarettes, but relying on the nature of those e-cigarettes and them containing nicotine in the devices. Since the evolu- tion of other substances and flavorings being added to them, Mr. Miller advised that it had been necessary to develop broader provisions to cover all cigarettes, regardless of what they contained; and treat all the same, as presented in the draft ordinance included in tonight's packet (Attachment A). Mr. Miller advised that the City had the authority to regulate tobacco and products especially as allowed under State Statute, but noted that it also contained an arena where the City did not have authority to regulate, creating a definite challenge for Roseville and oth- er cities. Public Comment Dan Bertuleit, (Shoreview resident and former Roseville resident) Mr. Burlight sought to make the City Council aware of upcoming FDA studies and conclusions regarding electronic cigarettes. As a user of them to facilitate smoking cessation, Mr. Burlight displayed the vapor products he made himself; and opined that this was a free speech issue with the City attempting to regulate something with no harm. While recognizing the regulatory problems that could be created with their sale and use, Mr. Burlight asked that the City Council make sure that its concerns for public health were based on science and on results of those FDA studies, not just public opinion. Mr. Burlight referenced his submis- sion via e-mail prior to tonight's meeting of links for other studies done to-date; with the products continuing to evolve. By forcing electronic cigarette users into public smoking areas, Mr. Burlight noted that they were being subjected to second hand smoke that had already been determined to be harmful. Mr. Burlight opined that the City Council should consider legislation that would separate these devices and products from tobacco products. Timothy Kester,4901 12th Avenue S,Mpls., MN As the co-owner of smokeless smoking retail establishments throughout the met- ropolitan area, as well as their kiosk at Rosedale Center, Mr. Kester opined that treating e-cigarettes like traditional cigarettes was not appropriate when consider- ing their use and potential harm. Mr. Kester further opined that those advocating against e-cigarettes could not verify whether or not the product was harmful as there wasn't enough science to support that claim. Mr. Kester referenced a Drexler University study, which he had forward to the City Council, and quoted portions of that study, and quoted from the American Council of Science and Health Institute that any contaminants, as well as a recent Forbes article, indicat-