11-01-05 CC Minutes (missing pg 8) Regular Meeting
of the
City Council
November 1, 2005
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 November 1, 2005 at 6:30 p.m.
The following members were present: Grayson, Freiberg, Loomis, Pentel and Shaffer.
Also present were: Thomas Burt, City Manager; Jeannine Clancy, Director of Public
Works; Allen Barnard, City Attorney; and Judy Nally, Administrative Assistant.
Approval of Aqenda .
MOVED by Grayson, seconded by Pentel and motion carried unanimously to approve the
agenda of November 1, 2005 as amended: Removal of Approval of Plat - North Wirth
Business Center - PUD #100 and Authorization to Sign PUD Permit - North Wirth Business
Center - PUD #100.
Citizen Input
Mayor Loomis introduced the agenda item.
Mayor Loomis stated that at the October 18, 2005 City Council meeting questions had
been raised about a section of the City Code regarding candidate solicitation letters. She
stated when questions were raised by a current commission member the City Attorney was
requested to clarify the code; the City Manager informed the candidates of the attorney
opinion. It was further determined that since this was an election year the current Council
should not review or make amendments to that section of the City Code until 2006.
Bob Hill, Gambling Manager and First Vice President, Chester Bird American Legion Post,
stated that charitable gambling profits have dropped in the last six months partly because
of the smoking ban; stated the bars and restaurants would like the Council to eliminate the
requirement for no smoking within 25 feet of the building so their customers won't have to
go so far to smoke.
Pete Nelson, President, Chester Bird American Legion Post, stated they have seen some
loss of business, requested the Council change the ordinance and mirror the Hennepin
County ordinance; and asked the Council to consider changing the ordinance to allow
smoking closer to the building during the winter.
The Mayor continued the meeting.
Regular Meeting of the City Council
November 1, 2005
Page 2
Approval of Consent Aqenda
MOVED by Grayson, seconded by Shaffer and motion carried unanimously to approve the
agenda of November 1, 2005 as amended: Removal from Consent Agenda - Approval of
Minutes - City Council Meeting - October 18, 2005; General Business Licenses;
Designating the National Incident Management Systems Incident Management; and
Authorization to Sign Agreement with North Suburban Towing for Vehicle Impound.
Mayor Loomis read the items listed on the consent agenda.
Approval of Minutes: Citv Council Meetinq - October 18, 2005
Council Member Freiberg stated he voted in favor of Resolution 05-63 and requested the
minutes be amended to reflect his vote.
MOVED by Freiberg, seconded by Grayson and motion carried unanimously to approve
the City Council meeting minutes of October 18, 2005 as amended: Resolution 05-63
change Freiberg as voting in favor.
*Bills and Claims
MOVED by Grayson, seconded by Shaffer and motion carried unanimously to authorize
the payment of the City and Housing and Redevelopment Authority bills as submitted.
General Business Licenses
Council Member Shaffer had questions about the parking available when Christmas tree
sales are permitted at Menards. Thomas Burt stated that staff will monitor the parking
situation on the weekends and look at a possible alternative location for the lot if needed.
MOVED by Shaffer, seconded by Pentel and motion carried unanimously to authorize the
issuance of licenses as recommended by staff.
*Minutes of Boards and Commissions
MOVED by Grayson, seconded by Shaffer and motion carried unanimously to receive and
file the minutes as follows:
Board of Zoning Appeals - September 27, 2005
Open Space and Recreation Commission - September 26, 2005
Envision Connection Project Board of Directors - September 22, 2005
Joint Planning Commission and Environmental Commission - October 10, 2005
Regular Meeting of the City Council
November 1, 2005
Page 3
*Email from Tom Kuelbs Reqardinq Resiqnation from Open Space and Recreation
Commission
MOVED by Grayson, seconded by Shaffer and motion carried unanimously to receive and
file the email from Tom Kuelbs, dated October 24, 2005, regarding resignation from the
Open Space and Recreation Commission and request the Mayor send him a letter of
appreciation in recognition of his service to the community.
*Quotes - Soil Remediation on Sunnyridqe Lane
MOVED by Grayson, seconded by Shaffer and motion carried unanimously to authorize
the hiring for soil remediation on Sunnyridge Lane from the lowest responsible bidder, DC
Management and Environmental Services, Inc. for $37,911.97. The quotes were as
follows:
DC Management & Environmental Services, Inc. $37,911.97
Stevens Environmental & Drilling 40,517.50
Approval of Plat - North Wirth Business Center - PUD #100
Thomas Burt stated the closing for the developer was postponed and stated this item will
be discussed at a future meeting. The Council did not consider Resolution 05-57 -
� Resolution for Approval of Plat - North Wirth Business Center P.U.D. 100.
Authorization to Siqn PUD Permit - North Wirth Business Center - PUD #100
Thomas Burt stated the closing for the developer was postponed and stated this item will
be discussed at a future meeting.
Desiqnatinq the National Incident Manaqement Svstem (NIMS) Incident Manaqement
Council Member Grayson asked if adoption of this system will have any impact on city
costs. Bob Hernz, Director of Public Safety, answered questions from the Council.
Member Grayson introduced the following resolution and moved its adoption:
RESOLUTION 05-64
RESOLUTION DESIGNATING THE NATIONAL INCIDENT MANAGEMENT
SYSTEM (NIMS) AS THE BASIS FOR ALL INCIDENT MANAGEMENT
IN THE CITY OF GOLDEN VALLEY
Regular Meeting of the City Council
November 1, 2005
Page 4
Desiqnatinq the National Incident Manaqement Svstem (NIMS) Incident Manaqement -
Continued
The motion for the adoption of the foregoing resolution was seconded by Member Freiberg
and upon a vote being taken thereon, the following voted in favor thereof: Freiberg,
Grayson, Loomis, Pentel 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.
Authorization to Siqn Aqreement with North Suburban Towinq for Vehicle Impound
Council Member Freiberg asked about the towing costs. Bob Hernz, Director of Public
Safety, answered questions from the Council.
MOVED by Freiberg, seconded by Shaffer and motion carried unanimously to authorize the
Mayor and City Manager to sign an agreement with North Suburban Towing, Inc., for
vehicle impound services for the period of November 15, 2005 to November 15, 2008.
*Approval of Plat - Lawn Terrace Estates
Member Grayson introduced the following resolution and moved its adoption:
RESOLUTION 05-65
RESOLUTION FOR APPROVAL OF PLAT - LAWN TERRACE ESTATES
The motion for the adoption of the foregoing resolution was seconded by Member Shaffer
and upon a vote being taken thereon, the following voted in favor thereof: Freiberg,
Grayson, Loomis, Pentel 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.
Public Hearinq -American with Disabilities Act (ADA) Accessibilitv Evaluations and
Report
Jeannine Clancy introduced the agenda item and answered questions from the Council.
Julee Quarve-Peterson of JQP, Inc. reviewed the evaluation and report and answered
questions from the Council.
The Mayor opened the meeting for public input and persons present to do so were
afforded the opportunity to express their views thereon.
Marti Micks, 90 Louisiana Avenue North, stated she was disabled temporary and
appreciated the temporary handicapped parking spaces available and asked if they could
be incorporated into the report.
Regular Meeting of the City Council
November 1, 2005
Page 5
Public Hearinq -American with Disabilities Act (ADA) Accessibilitv Evaluations and
Report - Continued
The Mayor closed the public hearing.
MOVED by Pentel, seconded by Grayson and motion carried unanimously to accept the
city-wide American with Disabilities Act Accessibility Evaluations and Report.
Support for Hopkins School District 270 Excess Operatinq Lew Renewal
Mayor Loomis introduced the agenda item. Council Member Grayson stated he is
abstaining due to a potential conflict of interest. Thomas Burt answered questions from the
Council.
Member Pentel introduced the following resolution and moved its adoption:
RESOLUTION 05-66
RESOLUTION SUPPORTING HOPKINS SCHOOL DISTRICT 270
EXCESS OPERATING LEVY RENEWAL
The motion for the adoption of the foregoing resolution was seconded by Member Freiberg
and upon a vote being taken thereon, the following voted in favor thereof: Freiberg and
Pentel; and the following voted against the same: Loomis and Shaffer; and the following
abstained: Grayson; whereupon said resolution was denied.
First Consideration - Ordinance #336 -Amendment to Section 10.67, Smoke Free
Environmental Reqardinq Exception for Golf Courses
The following ordinance was MOVED by Shaffer, seconded by Grayson:
ORDINANCE NO. 336, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Amendment to Section 10.67, Smoke Free Environment Excepting Golf Courses
Mayor Loomis introduced the agenda item. Council Member Grayson reviewed the
amendment and answered questions from the Council. Thomas Burt answered questions
from the Council.
The Mayor opened the meeting for public input and persons present to do so were
afforded the opportunity to express their views thereon.
Regular Meeting of the City Council
November 1, 2005
Page 6
First Consideration - Ordinance #336 - Amendment to Section 10.67. Smoke Free
Environmental Reqardinq Exception for Golf Courses - Continued
Steve Bumsted, 245 Kentucky Avenue North, stated he would like the ban lifted at the golf
course; feels it is too hard to enforce; stated he understands the smoking ordinance
provision for the work place and public issue; doesn't see how this can apply to a golf
course because there is such a wide open space; and would like to see the golf course
exempted from the ban.
Jerry Sandler, Chair, Open Space and Recreation Commission, stated the Commission at
is February 28 meeting took a position that due to economic competitive disadvantages
with other golf facilities and difficulty of enforcement, they asked the Council to reconsider
the smoking ordinance on the outdoor portions of public golf courses where people are not
in close proximity to one another; he stated that some of the golfers stated they would not
golf or hold tournaments at Brookview; stated the Commission did support the ban except
for the golf course; stated that they could review the regulations when youth leagues are
playing; and for the driving range and stated they were concerned about rangers enforcing
the ordinance.
Tom Lehman, 4525 Douglas Avenue, wants to maintain the current ordinances; stated
second hand smoke is harmful; stated his children have asthma; stated his son had golf
lesions this year and likes that smoking is not allowed; feels it is good for youth to see that
coaches, teachers are not smoking and feels the non-smoking message should be
consistent at all recreation facilities.
Irene Serr, 500 Turnpike Road; stated she is in favor of the original legislation; feels that
Golden Valley should be proud of the stand they took about smoking and should not
amend the ordinance.
Brittney McFadden, Director, Tobacco Free Recreation Program; stated she assists cities
to institute tobacco free recreation area's; congratulated the City on adopting the ordinance
and feels it should not be changed; stated other cities are now adopting tobacco free
recreation areas; and recent studies suggest that residents support tobacco free recreation
areas.
Yuri Middleman, 7751 Western Avenue, stated he supports the smoking ban but feels that
golf courses should be exempt; feels that enforcement is an issue and people will smoke
anyway.
MOVED by Shaffer, seconded by Grayson and motion carried to deny Ordinance #336,
2nd Series. Upon a roll call vote, the vote was as follows:
FREIBERG - YES GRAYSON - YES LOOMIS - NO PENTEL - NO SHAFFER - NO
Regular Meeting of the City Council
November 1, 2005
Page 7
First Consideration - Ordinance #337 - Amendment to Section 10.62, Disorderlv
Conduct Reqardinq Construction or Repairinq of Buildinqs
The following ordinance was MOVED by Pentel, seconded by Shaffer:
ORDINANCE NO. 337, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Amending Section 10.62 Disorderly Conduct - Additional Prohibitive Acts
Regarding Construction or Repairing of Buildings
Jeannine Clancy introduced the agenda item and answered questions from the Council.
Allen Barnard answered questions from the Council.
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve
Ordinance #337, 2nd Series. Upon a roll call vote, the vote was as follows:
FREIBERG - YES GRAYSON - YES LOOMIS - YES PENTEL - YES SHAFFER - YES
First Consideration - Ordinance #338 -Amendment to Section 7.04, Reimbursement
for Damaqe to Riqht-of-Ways
The following ordinance was MOVED by Grayson, seconded by Shaffer:
ORDINANCE NO. 338, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Amendment to Section 7.04 - Reimbursement for Damage to Right-of-Ways
Jeannine Clancy introduced the agenda item and answered questions from the Council.
Allen Barnard and Thomas Burt answered questions from the Council.
MOVED by Grayson, seconded by Shaffer and motion carried unanimously to approve
Ordinance #338, 2nd Series. Upon a roll call vote, the vote was as follows:
FREIBERG - YES GRAYSON - YES LOOMIS - YES PENTEL - YES SHAFFER - YES
Support for Continued Local Government Authority in Franchisinq of Cable Services
Mayor Loomis introduced the agenda item. Council Member Shaffer answered questions
from the CounciL
Regular Meeting of the City Council
November 1, 2005
Page 9
Adjournment
The Mayor adjourned the meeting at 8:50 p.m.
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Linda R. Loomis, Mayor
ATTEST:
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J y Nall Administra ' e Assistant