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10-15-19 City Council MinutesREGULAR MEETING MINUTES 1. Call to Order The meeting was called to order at 6:50 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 Schmidgall, seconded by Council Member Clausen to approve the agenda of October 15, 2019, as submitted and the motion carried. 3. Approval of Consent Agenda MOTION made by Council Member Clausen, seconded by Council Member Schmidgall to approve the consent agenda of October 15, 2019, as revised: removal of 3G-Accept the resignation from the Human Services Commission and the motion carried. 3A. Approval of Minutes: 1. Council/Manager Meeting – September 10, 2019 3B. Approve City Check Register and authorize the payments of the bills as submitted. 3C. Minutes of the Boards and Commissions: 1. Environmental Commission – August 26, 2019 2. Open Space & Recreation Commission – July 22, 2019 3D. Adopt Resolution 19-56, Waiving the Public Hearing Pursuant to Minnesota Statutes 429.031 and Ordering Certification of Special Assessments on Sanitary Sewer Repairs that Involve 2019 City Street Improvements 3E. Adopt Resolution 19-57, Waiving the Public Hearing Pursuant to Minnesota Statutes 429.031 and Ordering Certification of Special Assessments on Driveways that Involve 2019 City Street Improvements 3F. Approve Tax Increment Pledge Agreement. 3G. Accept the resignation from the Human Services Commission. 3H. Authorize the City Manager and Mayor to sign the Hennepin County Emergency Services Unit Multijurisdictional Tactical Response Team Cooperative Agreement. 3. Items Removed From the Consent Agenda: 3E. Accept Resignation from the Human Services Commission The Council thanked Mr. Jason Kapel for his service on the Human Services Commission. October 15, 2019 – 6:30 pm Council Chambers Golden Valley City Hall 7800 Golden Valley Road City of Golden Valley City Council Regular Meeting Minutes October 15, 2019 – 6:30 pm 2 3E. Accept Resignation from the Human Services Commission - continued MOTION made by Council Member Clausen, seconded by Council Member Schmidgall to accept the resignation of Mr. Kapel from the Human Services Commission and the motion carried. 4. Public Hearing 5. Old Business 6. New Business 6A. Second Consideration – Ordinance #670 - 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. Dr. Otieno, 8400 Golden Valley Road, said he has lived in the City for many years and worked in the public health and dentistry area before his retirement. He said he had many patients with tobacco related illnesses. He said nicotine is highly addictive and that patients find in hard to quit even with a poor prognosis. He said that limiting tobacco products could keep people from starting to smoke. He said tobacco products should not be available in pharmacies because they provide life-saving medicines to people. He thanked the Council for letting him present tonight. Ms. Gretchen Weinke, Golden Valley Liquor Barrel, 7890 Olson Memorial Highway, said over the past months, there has been one-sided negative opinions regarding tobacco issues because of the vaporing epidemic media coverage. She said local retailers have been the punching bag for the issue. She said the local retailers were only given a shortly time to prepare for the public forum before they were thrash before bias community members. She said only 2 percent of the community responded to the survey and read some of the comments, which were opposed to the ban. She said she has 15-30 customers a day buy menthol products and they will take their business to other cities. She said if the goal is to restrict the sale of youth tobacco use that T21 would do that and if it is to ban vaping products, the favor bans accomplishes that. She asked if menthol and wintergreen products could be excluded from the proposed favor ban. Ms. Molly Moilanen, Vice President ClearWay Minnesota, said she is the co-chair of Minnesotans for a Smoke free generation, which is a coalition organizations that work together to reduce nicotine addiction and tobacco use in kids. She said the Governor released the 2019 Minnesota Student survey data and it showed another jump in youth e-cig use. She said passing this strong packet would allow Golden Valley to address the tobacco industry strategy and aid with health improvements for the youth. She said it is important to keep menthol products in the ban because the tobacco industry targets people of color with menthol marketing. She said the coalition would continue to work at the State Capital to pass these polices and thanked the Council for considering this strong policy. City of Golden Valley City Council Regular Meeting Minutes October 15, 2019 – 6:30 pm 3 6A. Second Consideration – Ordinance #670 - Tobacco Licensing Ordinance - continued There was Council discussion regarding the proposed Tobacco Licensing and Regulation Ordinance. MOTION made by Council Member Fonnest, seconded by Council Member Clausen to adopt second 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. MOTION made by Council Member Clausen, seconded by Council Member Rosenquist to approve the Summary of Ordinance #670 for Publication based on the finding that the title and summary clearly inform the public of the intent and elect of the ordinance and the motion carried. 6B. Golden Valley 4d Affordable Housing Program Planning Intern Anderson presented the staff report and answered questions from Council. City Attorney Cisneros, Planning Manager Zimmerman and City Manager Cruikshank answered questions from Council. Ms. Ruth Paradise, 8515 Duluth Street, asked if rents would be examined each year to make sure they fall within the guidelines. She also asked about if a property owner had a large amount of evictions would the City keep track of that. Ms. Elizabeth Gross, 2230 Xylon Avenue, asked how many apartments would be enrolled in the program and how this would affect property taxes for residents in the City. There was Council discussion regarding the 4d Affordable Housing Program. MOTION made by Council Member Clausen, seconded by Council Member Schmidgall to adopt Resolution 19-58, establishing the Golden Valley 4d Affordable Housing Program and authorizing staff to make and execute Participation Agreements for enrolling eligible properties in the program. 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. 6C. First Consideration – Ordinance #671 - Gambling Ordinance Amendments City Clerk Luedke presented the staff report and answered questions from Council. MOTION made by Council Member Schmidgall, seconded by Council Member Rosenquist to adopt first consideration Ordinance #671, Amending Article XVI. GAMBLING by removing Section 16-434. Licensing and Investigation Fee and updating Section 16-436 Responsible Parties. 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 October 15, 2019 – 6:30 pm 4 6D. First Consideration - Ordinance #672 - Establishing a 2019 Master Fee Schedule Finance Director Virnig presented the staff report and answered questions from Council. MOTION made by Council Member Schmidgall, seconded by Council Member Clausen to adopt first consideration, Ordinance #672, establishing a 2020 Master Fee Schedule. 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. 6E. Review of Council Calendar Some Council Members may attend the Sweeney Lake Woods PUD Neighborhood meeting on October 16, 2019, at 6:30 pm in the Council Chambers. Some Council Members may attend the Regional Council of Mayors on October 21, 2019, from 11:30 am to 1:30 pm located at Dorsey & Whitney located at 50 South 6th Street, Minneapolis. 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. Some Council Members may attend the 10 West End Groundbreaking Celebration on October 24, 2019, at 3 pm located at 10 West End, St. Louis Park. The General Election will be on November 5, 2019, at various polling locations. The next City Council meeting will be held on November 6, 2019, at 6:30 pm. 6E. Mayor and Council Communication No action and/or discussion took place. City of Golden Valley City Council Regular Meeting Minutes 5 October 15, 2019—6:30 pm 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. Shepard M. Harris, ' ayor ATTEST: Kristine A. Luedke, City Clerk