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01-03-06 CC MinutesRegular Meeting of the City Council January 3, 2006 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Golden Valley, Hennepin County, Minnesota was held at 7800 Golden Valley Road in said City on January 3, 2006 at 6:30 pm. The following members were present: Freiberg, Loomis, Pentel and Shaffer; and the following was absent: Grayson. Also present were: Thomas Burt, City Manager; Jeannine Clancy, Director of Public Works; Allen Barnard, City Attorney; and Judy Nally, Administrative Assistant. Approval of Minutes: City Council Meeting - December 20, 2005 MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to approve the City Council meeting minutes for December 20, 2005 as submitted. Adjournment The Mayor adjourned the meeting at 6:32 pm. Oath of Office, Roll Call and Seating of the Council Judge Patrick Fitzgerald gave the oath of office to Mayor Linda R. Loomis and Council Members Paula Pentel and DeDe Scanlon. The term for Mayor Loomis expires December 31, 2007 and the terms for Council Members Pentel and Scanlon expire on December 31, 2009. A roll call was taken and the seating of the 2006 Council took place. The Mayor adjourned the meeting for cake and coffee, after which the meeting reconvened. Approval of Agenda MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the agenda of January 3, 2006 as amended: Appointment of Housing and Redevelopment Authority Commissioners. Citizen Input Mayor Loomis introduced the agenda item. Peter Nelson, Golden Valley American Legion, stated the amendment to the smoking ordinance by Hennepin County will effect the Legion; stated the initial ban hurt business; requested the Council consider amending the Ordinance similar to Hennepin County; expressed concern over lack of business; feels if the Ordinance is amended it will level the playing field and they need the amendment to survive. Regular Meeting of the City Council January 3, 2006 Page 2 Citizen Input - Continued Earl Kosberg, Golden Valley VFW; asked the Council to review their position on the smoking ban; stated the ban has affected the bar sales along with the pull -tab sales; stated expenses haven't changed so what it really effects is the donations they provide; Hennepin County ordinance was amended to allow smoking at veterans clubs; feels the members and guests should be allowed to decide if they want to allow smoking; stated that smokers only have to go about 5 minutes from the City and are allowed to smoke; feels they may not survive another year if the ban is still in effect; requested the Council lift the ban for VFW's and American Legions. Ray Jacobs, Schuller's Tavern, stated that he has lost 30% of his customers; has tried to provide a patio for his patrons but was denied; stated he is losing employees because they can't make a living; and stated they are surrounded by a lot of competitors where smoking is allowed. Dale McKenzie, JJ's Clubhouse, thinks the smoking ban is wrong, stated that since the ban has gone into effect he has lost personal income and is now worried about paying his rent; stated the ban has also affected the business location; stated his employees have taken a profound and immediate monetary hit from the ban and asked the Council to consider how the ban affects the little guy. Jack Smock, Golden Valley American Legion; compared the smoking ban to the liquor prohibition; feels it is the same thing; feels people can choose for themselves if they should smoke or visit establishments that allow smoking; feels that this is taking away the individual rights of citizens. Jim Jennings, JJ's Clubhouse; feels there is a movement to ban smoking but feels they should all be on a level playing field; stated he has had to lay off employees; stated his business is affected and that people will drive out of the area in order to smoke at restaurants. Georgie Boe, JJ's Clubhouse; stated she has been transferred because of the ban; stated some of her employees have asked to borrow money for rent; stated the businesses are hurting also; stated some have lost their jobs and no one is hiring; stated they have lost a lot of regular customers; feels that smaller independent businesses are affected more than the larger chain restaurants. Mauno Silpala, 2000 Rhode Island Avenue North; stated he is a former smoker and likes to go to smoke free restaurants; feels that people are smoking less; stated he is in favor of leveling the playing field and feels the legislature should consider the smoking issue. The Council requested staff to notify the persons who spoke when the council discusses the issue next. Regular Meeting of the City Council January 3, 2006 Page 3 Approval of Consent Agenda MOVED by Freiberg, seconded by Pentel and motion carried unanimously to approve the items on the consent agenda as submitted. Mayor Loomis read the items listed on the consent agenda. *Set Time and Place of Agenda Closing MOVED by Freiberg, seconded by Pentel and motion carried unanimously to set the closing time and place for receipt of public information for the Council agenda at 4:30 pm. on the Wednesday preceding the Council Meeting in the City Manager's Office. *Designation of Official Newspaper MOVED by Freiberg, seconded by Pentel and motion carried unanimously to designate the New Hope -Golden Valley SunPost as the City's official newspaper. *Designation of Depositories for City Funds Member Freiberg introduced the following resolution and moved its adoption: RESOLUTION 06-1 RESOLUTION DESIGNATING DEPOSITORIES FOR CITY FUNDS The motion for the adoption of the foregoing resolution was seconded by Member Pentel and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Loomis, Pentel, Scanlon and Shaffer; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. *Bills and Claims MOVED by Freiberg, seconded by Pentel and motion carried unanimously to authorize the payment of the bills as submitted. *General Business Licenses MOVED by Freiberg, seconded by Pentel and motion carried unanimously to authorize the issuance of licenses as recommended by staff. Regular Meeting of the City Council January 3, 2006 Page 4 *Minutes of Boards and Commissions MOVED by Freiberg, seconded by Pentel and motion carried unanimously to receive and file the minutes as follows: Board of Zoning Appeals - November 22, 2005 Human Rights Commission - October 13, 2005 Environmental Commission - November 28, 2005 Families Sharing the Dream - November 17, 2005 *Authorization to Sian Joint Powers Agreement - Metro Gang Task Force MOVED by Freiberg, seconded by Pentel and motion carried unanimously to authorize the Mayor and City Manager sign the Metro Gang Task Force Joint Powers Agreement. *Receipt of November 2005 General Fund Budget Report MOVED by Freiberg, seconded by Pentel and motion carried unanimously to receive and file the November 2005 general fund budget report. *Approval for Use of Credit Cards MOVED by Freiberg, seconded by Pentel and motion carried unanimously to approve the usage of credit cards by any city employee who has received prior approval from the appropriate supervisor. Announcements of Meetings The Council will discuss board/commission vacancies on January 10, 2006 at 5:30 pm. The next Housing and Redevelopment Authority meeting will be held on January 10, 2006 at 6:30 pm. The next Council/Manager meeting will be held on January 10, 2006 immediately after the HRA meeting. The Council Goal -Setting Workshop will be held on January 14, 2006 at 9 am at the Brookview Golf Course grill. The next City Council meeting will be held on January 17, 2006 at 6:30 pm. The next Bassett Creek Water Management commission will be held on January 19, 2006 at 11:30 am. A City Council meeting will be held on February 7, 2006 at 6:30 pm. Regular Meeting of the City Council January 3, 2006 Page 5 Announcements of Meetings - Reset Meeting Dates Mayor Loomis introduced the agenda item and answered questions from the Council. MOVED by Pentel, seconded by Shaffer and motion carried unanimously to reset the following City Council Meetings: March 7 to Monday; March 6, April 18 to Monday, April 17, July 4 to Wednesday, July 5, August 1 to Wednesday; August 2, and November 7 to Wednesday, November 8, and the following Council/Manager meeting date: September 12 to Wednesday, September 13, 2006. Council Assignments - Mayor Pro Tem Mayor Loomis introduced the agenda item. MOVED by Pentel, seconded by Loomis and motion carried unanimously to nominate Council Member Shaffer as Mayor Pro Tem. Appointment of Housing and Redevelopment Authority Commissioners Mayor Loomis introduced the agenda item. Allen Barnard and Tom Burt answered questions from the Council. MOVED by Shaffer, seconded by Pentel and motion carried unanimously to appoint the following City Council Members as Commissioners of the Housing and Redevelopment Authority, with terms concurrent with tenure on the City Council: Mike Freiberg, Linda Loomis, Paula Pentel, Bob Shaffer and DeDe Scanlon. Council Appointments - Assistant Weed Inspector Mayor Loomis will appoint Ron Hammer as the Assistant Weed Inspector for a one year term. Jeannine Clancy answered questions from the Council. Mayor and Council Communications Mayor Loomis stated she has been appointed to the Metropolitan Area Water Supply Advisory Committee and their first meeting will be held on January 26, 2006 at 9:30 am. Regular Meeting of the City Council January 3, 2006 Page 6 Adjournment The Mayor adjourned the meeting at 7:42 pm. 011 "'Arvar "I "On - '- •. R. Loomis,Mayor ATTEST: ( b&'qwft'v Ju Nally Administrati a Assistant