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10-02-19 City Council Minutes 7800 Golden Valley Road I Golden Valley,MN 55427 city 0f 763-593-8012 1 TTY 763-593-3968 1 763-593-8109(fax)I www.goldenvalleymn.gov o ld Q n v ane City Council REGULAR MEETING MINUTES October 2,2019-6:30 pm Council Chambers Golden Valley City Hall 7800 Golden Valley Road 1. Call to Order The meeting was called to order at 6:30 pm by Mayor Harris. 1A. Pledge of Allegiance 1B. Roll Call Present: Mayor Shep Harris, Council Members Joanie Clausen, Larry Fonnest, Gillian Rosenquist and Steve Schmidgall Staff present: City Manager Cruikshank, City Attorney Cisneros and City Clerk Luedke 2. Additions and Corrections to Agenda MOTION made by Council Member Fonnest, seconded by Council Member Schmidgall to approve the agenda of October 2, 2019, as submitted and the motion carried. 3. Approval of Consent Agenda MOTION made by Council Member Schmidgall, seconded by Council Member Clausen to approve the consent agenda of October 2, 2019, as revised: removal of 3E-Accept the resignation from Environmental Commission, 3G-Board/Commission Appointments and 31-Approve Memorandum of Understanding with the Golden Valley Garden Club and the motion carried. 3A. Approval of Minutes: 1. City Council Meeting-September 17, 2019 3B. Approve City Check Register and authorize the payments of the bills as submitted. 3C. Licenses: 1. Authorize renewal of the New/Used Vehicle Dealer Licenses for Jaguar/Landrover Minneapolis, 8905 Wayzata Blvd., for the 2019-2020 license period. 3D. Minutes of the Boards and Commissions: 1. Rising TIDES Task Force-July 9 and August 13. 2019 2. Special Board of Zoning Appeals-September 9, 2019 3. Bassett Creek Water Management Commission-August 12, 2019 r n. .mot the atieR f. RA th.. ER Rtal 3F. Receive and file the August 2019 Financial Reports. S6. 3H. Approve an extension until July 2, 2020, for Conditional Use Permit 161-2429 Douglas Drive North with the following condition: All outstanding items documented in the letter sent to Retro Companies, Inc., by Joe Kauth, Building Official, and dated May 10, 2019, shall be resolved prior to November 2, 2019. nr.v..9Ye nn.,me—r-,r.J,,.v. Af I I.,.d.,.-.-taR ding O. I e n....,.,..,ent 4h the Golden Valley ardpA 0-1 City of Golden Valley City Council Regular Meeting Minutes 2 October 2,2019—6:30 pm 3. Items Removed From the Consent Agenda: 3E. Accept Resignation from the Environmental Commission The Council thanked Ms. Lynn Gitelis for her service on the Environmental Commission. MOTION made by Council Member Clausen, seconded by Council Member Rosenquist to accept the resignation of Ms. Gitelis from the Environmental Commission and the motion carried. 3G. Board/Commission Appointments Council Member Clausen said the Council interviewed Board and Commission candidates for open positions before tonight's City Council meeting. MOTION made by Council Member Clausen, seconded by Council Member Schmidgall to approve the following Board and Commission and Task Force appointments and the motion carried. Open Space& Recreation Commission Environmental Commission Bill Delaney 1 year-expires 5/1/2020 Susan Phelps 1 year-expires 5/1/2020 Rising TIDES Task Force Brad Taylor 31. Approve Memorandum of Understanding& License Agreement with the Golden Valley Garden Club Development and Assets Supervisor Eckman provided information on the Golden Valley Garden Club and the Memorandum of Understanding agreement. He answered questions from Council. MOTION made by Council Member Fonnest, seconded by Council Member Clausen to approve the Memorandum of Understanding and License Agreement with the Golden Valley Garden Club and the motion carried. 4. Public Hearing 4A. Public Hearing—Special Assessments—2019 Delinquent Utility Bills Finance Director Virnig presented the staff report and answered questions from Council. Mayor Harris opened the public hearing. No one came forward. Mayor Harris closed the public hearing. MOTION made by Council Member Clausen, seconded by Council Member Schmidgall to adopt Resolution 19-54, adopting and confirming assessments for 2019 Delinquent Utility Billing. Upon a vote being taken the following voted in favor of: Clausen, Fonnest, Harris, Rosenquist and Schmidgall, the following voted against: none and the motion carried. City of Golden Valley City Council Regular Meeting Minutes 3 October 2,2019—6:30 pm 4B. Public Hearing—Special Assessments—2019 Delinquent Miscellaneous Charges Finance Director Virnig presented the staff report and answered questions from Council. Mayor Harris opened the public hearing. No one came forward. Mayor Harris closed the public hearing. MOTION made by Council Member Schmidgall, seconded by Council Member Clausen to adopt Resolution 19-55, adopting and confirming assessments for Delinquent 2019 Miscellaneous Charges. Upon a vote being taken the following voted in favor of: Clausen, Fonnest, Harris, Rosenquist and Schmidgall, the following voted against: none and the motion carried. 5. Old Business 6. New Business 6A. Endorsing Pollinator Protection and Promoting Pollinator Habitat Development and Assets Supervisor Eckman presented the staff report and answered questions from Council. Ms.Jeanne Iverson, 1437 Orkla Drive, said she was the spokesperson for the Golden Valley Garden Club. She provided highlights of events that the Garden Club had been involved in. She thanked the Council, Environmental Commission and city staff for their efforts for the cause. MOTION made by Council Member Fonnest, seconded by Council Member Schmidgall to adopt Resolution 19-56, endorsing Pollinator Protection and promoting Pollinator Habitat. Upon a vote being taken the following voted in favor of: Clausen, Fonnest, Harris, Rosenquist and Schmidgall, the following voted against: none and the motion carried. 6B. Central Park West PUD No. 121,Amendment#4—10 West End Planning Manager Zimmerman presented the staff report and answered questions from Council. MOTION made by Council Member Schmidgall, seconded by Council Member Clausen to approve the Central Park West PUD No. 121, Amendment#4, and to authorize the Mayor and City Manager to sign the amended PUD Permit and the motion carried. MOTION made by Council Member Schmidgall, seconded by Council Member Clausen to approve the First Amended Development Agreement for Central Park West PUD No. 121 and the motion carried. MOTION made by Council Member Schmidgall, seconded by Council Member Clausen to approve the Assumption of Development Agreement and Consent to Assumption for Central Park West PUD No. 121 and the motion carried. City of Golden Valley City Council Regular Meeting Minutes 4 October 2, 2019—6:30 pm 6C. First Consideration of Tobacco Licensing and Regulation Ordinance City Clerk Luedke presented the staff report and answered questions from Council. City Attorney Cisneros answered questions for Council. Mayor Harris stated that per the Council's agenda all ordinances listed under new business are eligible for public input. The following participants addressed the Council. Ms. Gretchen Weinke, Golden Valley Liquor Barrel, 7890 Olson Memorial Highway, said Liquor Barrel has be in Golden Valley for over 30 years and that they sell both alcohol and tobacco products. She said they have a wonderful compliance record and she felt only one side of the issue has been presented. She said if the purpose of the ordinance was to prohibit youth from obtaining tobacco products Tobacco 21 would do take care of that but if the purpose was to help adults quit smoking, she felt the best way was to raise tobacco prices not limiting the sale of menthol products. She said vaping products are different from menthol products used mainly by adults. She said she was concerned if she could no longer sell menthol products that it would drive her customers to cities that could. She added that she always heard small businesses were valuable in the City and she would like to know how valuable they are. Dr.Tom Kottkle, HealthPartners Medical Director, said on of HealthPartners priority is to improve health by preventing youth access to tobacco products because tobacco use is the number one preventable cause of death in Minnesota. He said smoking costs Minnesota over 3 billion dollars a year in medical expenses and this could aid in reducing that. He said tobacco use has been falling so the industry now promotes other products like a-cigs, which are not safe. He felt banning all favors including menthol was the right thing to do. He said on behalf of HealthPartners, he urged the Council to adopt this ordinance and thanked them for their leadership on the issue. Mr. Adam Lange, Manager at Down in the Valley, 8020 Olson Memorial Highway, said that Down in the Valley supports Tobacco 21 and that most youths were either getting tobacco products from others or through the internet. He said a study done showed when 14 to 17 year olds attempted to buy tobacco products from 98 on-line vendors only five of the sales were rejected. He added the on-line vendors are supposed to verify the purchaser's age upon delivery but 0 of the 98 vendors did and 95%of the deliveries were left at the door. He said the Golden Valley retailers have a stellar record of stopping sales to underage youth but felt since the majority of sales to youth were done on-line it was unnecessary to prohibit the sale of favored tobacco. Ms. Megan Beck, 1324 Valders Avenue North, said they moved to Golden Valley recently to raise their family. She said many preventable diseases come from tobacco use. She felt this ordinance would save lives and keep health costs down by helping youth not start smoking. She said a National Youth Tobacco survey said a-cigs are the most popular way for youth to become addicted to tobacco products and the most effective way to help youth not get addicted was by prohibiting these products. She added some youths do not realize a-cigs contain nicotine but think they only contain a flavoring. She said by passing this ordinance, the City would be sending a message to the young people that they are a priority. City of Golden Valley City Council Regular Meeting Minutes C" October 2, 2019—6:30 pm 6C. First Consideration of Tobacco Licensing and Regulation Ordinance -continued Mr. Gene Nichols, Open Cities Health Center, St. Paul, said Open Cities provides health care services to the uninsured and under insured. He provided a description of their services, which includes addressing tobacco use to improve the health of African Americans in Minnesota. He said providers see a direct link between nicotine addiction and other health issues. He said a study conducted researching the impact of menthol tobacco on the African American community found that 84%smoked menthol tobacco and 72%agreed that menthol made it harder to quit. He said the tobacco industry targeted their community by providing free samples and sponsoring events. He said there might be a concern for the tobacco retailers but tobacco kills 600,000 Americans a year and costs 3 billion in health care cost, which is $593 for every person in this state and that this out ways the cost to the retailers. Mr.Tom Lehman, 4525 Douglas Drive, said he was an employee at Blue Cross when they were involved in the tobacco industry lawsuits in which Blue Cross received money that they used for education. He read a New York Times article that provided information on a study conducted at the Mayo Clinic that said samples of the chemical from lung injuries of those who used a-cigs were similar to someone exposed to toxic chemicals. He said he was involved in the ordinance 15 years ago and at that time, they were told by the businesses that if the ordinance passed they would leave the City but many are still here. He added that this ordinance would make the City a healthier place to live. Ms. Emily Walter, 8091 Duluth Street, said she supports restricting tobacco sales in pharmacies because it sends a mixed message to customers who come in for health products and services. She said tobacco users find it hard to quit when tobacco was sold in same stores where they fill their prescriptions. She said a study showed that pharmacies use price promotions to advertise tobacco products that appeal to youth and as a result, tobacco products costs less than at other retailers. Ms. Brit Bakke, 1341 Orkla Drive, said she was happy Golden Valley was considering new policies regarding tobacco sales. She said both her parents were addicted to tobacco when they were teenagers and she did not want that to happen to her kids. She said her seven year old was learning to read so he has been reading signs and becoming aware of what tobacco is and where to buy it. She said she has friends with older children who vape and that vaping is a problem in our schools. She said other cities have already increased the age of sale to 21 and felt Golden Valley should do that along with restricting kid-friendly favored products. She said a strong policy for tobacco preventative would result in public health gains for our community. Ms.Tracy Toomey, 617 West Wood Drive, said she was in support of this policy. She said she is a public health professional and a professor who researches the effects of policies on substance use. She said her expertise is in the use of alcohol, when the age of sale moved to 21 research showed a decrease in consumption and related problems. She said she expects to see similar results with T21. She added there has been research on density of outlets and when there are more, there are more problems so she was glad density was included in the consideration. Ms. Meghan Shea, Coalition of Neighborhood Retailers, said she appreciated speaking on behalf of the Golden Valley convenience stores. She said some unintended consequences are that stores would be isolated because they saw similar effects in other cities that passed similar ordinances. City of Golden Valley City Council Regular Meeting Minutes 6 October 2, 2019—6:30 pm 6C. First Consideration of Tobacco Licensing and Regulation Ordinance-continued She said retailers would lose thousands of dollars because they do not only lose the tobacco sale but also the sale of all other products because customers will move to other cities to be able to get all of their products at one stop. She said Golden Valley retailers would like to work with the City in preventing youth access to tobacco products. She said other thing that may happen is illicit sales from people buying in bulk outside of the cities and bringing the products into the City to sell. Ms. Peggy Lepik, 7500 Western Avenue North, said she has been aware of the health effects of tobacco since she was a child because her mother was allergic to tobacco smoke. She said she served on the Minnesota Partnership for Action against Tobacco board now called Clearway and that they made a lot of progress especially in reducing youth smoking. She said the tobacco industry has found other ways of hooking the youth with vaporing which can be deadly. She said she was proud of Golden Valley for passing one of the most comprehensive ordinances in 2004 and now she was hopeful they would do the same with this ordinance. Mr. Scott Farrel, Down in the Valley, said they have been in Golden Valley for 47 years and he thanked the City for meeting with them. He said the proposed ordinance would have a negative impact on their business. He said Down in the Valley is happy to work with T21, which would take the high school students out of the sale. He said there was a difference in passing T21 and prohibiting tobacco favors but he appreciated all retailers would be on a level playing field. There was much Council discussion regarding the proposed ordinance regarding the licensing and regulation of tobacco. MOTION made by Council Member Fonnest, seconded by Council Member Clausen to adopt first consideration Ordinance#670, Repealing in its Entirety Article VI. Tobacco and Adding a New Article VI. Tobacco Licensing and Regulation. Upon a vote being taken the following voted in favor of: Clausen, Fonnest, Harris, Rosenquist and Schmidgall, the following voted against: none and the motion carried. 61). Review of Council Calendar Some Council Members may attend the League of Women Voter's City Council Candidate Forum on October 3, 2019, at 7 pm in the Council Chambers. Some Council Members may attend the Burntside/Westwood Neighborhood meeting on October 3, 2019, at 6:30 pm in the Council Conference Room. The Golden Valley Fire Department Donut Day will be held on October 5, 2019, from 8 to 10 am at all three fire stations. Mighty Tidy Day will be on October 5, 2019, from 8 am to 1 pm in Brookview Park. Some Council Members may attend the Kelly Drive Pumpkin Festival on October 5, 2019, at 11 am located at the Kelly Drive and Duluth Street Intersection. City of Golden Valley City Council Regular Meeting Minutes 7 October 2,2019—6:30 pm 6D. Review of Council Calendar-continued Some Council Members may attend the Market in the Valley on October 6, 2019, from 9 am to 1 pm located on the City Hall Campus. The next Council/Manager meeting will be on October 10, 2019, at 6:30 pm. Some Council Members may attend the Unity Minneapolis 100th Anniversary Celebration on October 12, 2019, at 6 pm located at The Metropolitan Ballroom located 5418 Wayzata Blvd. Some Council Members may attend the Rising TIDES Task Force meeting on October 15, 2019, from 5:15 to 6:15 pm in the Council Conference Room. The next Housing and Redevelopment Authority meeting will be on October 15, 2019, at 6:30 pm. The next Council meeting will be on October 15, 2019, immediately following the HRA meeting. Some Council Members may attend the Downtown Study Open House on October 21, 2019, from 5 to 7 pm located at Brookview located at 316 Brookview Parkway. Some Council Members may attend the Quad Community Military and Veteran Exchange on October 22, 2019, from 11:30 am to 1:30 pm located at Charles Kneable VFW Post#494 located at 5222 Bass Lake Road, Crystal. Some Council Members may attend the 2020 Pavement Management Program Open House on October 23, 2019, from 4:30 to 7 pm located at Brookview located at 316 Brookview Parkway. Some Council Members may attend the Rising TIDES Open Forum on October 23, 2019, at 6:30 pm located at Brookview located at 316 Brookview Parkway. Some Council Members may attend the Golden Valley Business Council on October 24, 2019, from 7:30 to 9 pm located at Brookview located at 316 Brookview Parkway. 6E. Mayor and Council Communication No action and/or discussion took place. 7. Adjourn MOTION made by Council Member Rosenquist, seconded by Council Member Fonnest and the motion carried to adjourn the meeting at 8:42 pm. 5; e Shep rd M. Harris, Mayor ATTEST: Kristine A. Luedke, City Clerk