10-05-04 CC MinutesRegular Meeting
of the
City Council
October 5, 2004
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 October 5, 2004 at 6:30 p.m.
The following members were present: Freiberg, Grayson, Loomis, Pentel and Shaffer.
Thomas Burt, City Manager; Jeannine Clancy, Director of Public Works; Allen Barnard, City
Attorney; and Judy Nally, Administrative Assistant.
Approval of Agenda
MOVED by Pentel, seconded by Grayson and motion carried unanimously to approve the
agenda of October 5, 2004 as amended: Removal of Establishing Golden Valley
Connection Project Executive Board.
Citizen Input
Mayor Loomis introduced the agenda item. Hearing and seeing no one, the Mayor
continued the meeting.
Approval of Consent Agenda
MOVED by Freiberg, seconded by Pentel and motion carried unanimously to approve the
items on the consent agenda, except removal of General Business Licenses; Minutes of
Boards and Commissions - Board of Zoning Appeals - August 24, 2004 and Planning
Commission - August 30, 2004; Petition from George Abide Regarding Recycling Program
and Honorarium for Andre Koen for Human Rights Commission Program.
Mayor Loomis read the items listed on the consent agenda.
*Approval of Minutes - City Council Meeting - September 21, 2004
MOVED by Freiberg, seconded by Pentel and motion carried unanimously to approve the
City Council meeting minutes of September 21, 2004 as submitted.
*Bills and Claims
MOVED by Freiberg, seconded by Pentel and motion carried unanimously to authorize the
payment of the City and Housing and Redevelopment Authority bills as submitted.
General Business Licenses
Council Member Pentel asked questions about board and lodging facilities. Thomas Burt
answered questions from the Council.
Regular Meeting of the City Council
October 5, 2004
Page 2
General Business Licenses - Continued
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to authorize the
issuance of licenses as recommended by staff.
*Gambling License Exemption and Waiver of Notice Requirement - Church of the
Good Shepherd
MOVED by Freiberg, seconded by Pentel and motion carried unanimously to receive and
file the gambling license exemption and approve the waiver of notice requirement for
Church of the Good Shepherd.
*Gambling License Application to Conduct Excluded Bingo - Ladies Auxiliary to
Veterans of Foreign Wars #7051
MOVED by Freiberg, seconded by Pentel and motion carried unanimously to receive and
file the gambling license to conduct excluded bingo at the Veterans of Foreign Wars Post
#7051.
*Minutes of Boards and Commissions
MOVED by Freiberg, seconded by Pentel and motion carried unanimously to receive and
file the minutes received as follows:
Environmental Commission - July 26 and August 30, 2004
Minutes of Boards and Commissions - Board of Zoning Appeals - August 24, 2004
Council Member Grayson had questions regarding approval of similar types of variances
that were denied in the past and feels that some don't meet the hardship standards.
Council Member Shaffer and Council Member Pentel will meet with the Chair of the
Planning Commission and Board of Zoning Appeals. At the October 12, 2004
Council/Manager meeting the Council will discuss the liaison meeting with boards and
commissions. Council Member Shaffer requested the minutes be clarified regarding 1411
Tyrol Trail; the third bullet should state the variance was for the shed not the house.
Thomas Burt and Adam Fulton, Planning Intern, answered questions from the Council.
MOVED by Shaffer, seconded by Grayson and motion carried unanimously to receive and
file the Board of Zoning Appeals minutes for August 24, 2004.
Minutes of Boards and Commissions - Planning Commission - August 30, 2004
Council Member Freiberg asked what the timeframe is for consideration of the RV parking
ordinance. Adam Fulton, Planning Intern, answered questions from the Council.
Regular Meeting of the City Council
October 5, 2004
Page 3
Minutes of Boards and Commissions - Planning Commission - August 30, 2004
MOVED by Freiberg, seconded by Pentel and motion carried unanimously to receive and
file the Planning Commission minutes for August 30, 2004.
*Bids - Public Safety Roof Replacement
MOVED by Freiberg, seconded by Pentel and motion carried unanimously to award the bid
for roof replacement for the Public Safety building to the lowest responsible bidder,
McPhillips Bros. Roofing Co. for $149,000. The bids are as follows:
McPhillips Bros. Roofing Co. $149,000
E. R. Berwald Roofing Co., Inc. 159,800
AWR, Inc. 189,981
Rainville-Carlson, Inc. 184,775
Kumar Mechanical, Inc. 189,800
*Letter from Mary Anderson Regarding Smoke Free Environment Ordinance
MOVED by Freiberg, seconded by Pentel and motion carried unanimously to receive and
file the letter from Mary Anderson, dated September 29, 2004, regarding smoke free
environment ordinance.
*Letter from Peggy Leppik Regarding Smoke Free Environment Ordinance
MOVED by Freiberg, seconded by Pentel and motion carried unanimously to receive and
file the letter from Peggy Leppik, dated September 27, 2004, regarding smoke free
environment ordinance.
Petition from George Abide Regarding Recycling Program
Council Member Freiberg asked questions regarding the sorting bins. Jeannine Clancy
answered questions from the Council.
MOVED by Freiberg, seconded by Grayson and motion carried unanimously to receive and
file the letter from George Abide, dated June 27, 2004, regarding recycling program and
refer the item to the Environmental Commission for discussion.
*Letter from TwinWest Chamber of Commerce Regarding Smoke Free Environment
Ordinance
MOVED by Freiberg, seconded by Pentel and motion carried unanimously to receive and
file the letter from TwinWest Chamber of Commerce, dated September 30, 2004 regarding
smoke free environment ordinance.
Regular Meeting of the City Council
October 5, 2004
Page 4
*Approving Appointment of Election Judges for General Election
Member Freiberg introduced the following resolution and moved its adoption:
RESOLUTION 04-68
RESOLUTION APPROVING THE APPOINTMENT OF ELECTION JUDGES
FOR THE GENERAL ELECTION TO BE HELD ON NOVEMBER 2, 2004
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,
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.
Honorarium for Andre Koen for Human Rights Commission Program.
Council Member Freiberg had questions about providing honorariums in the past.
The Council will discuss at a future Council/Manager meeting establishing an Honorarium
Policy and providing the Human Rights Commission with a budget for speakers.
MOVED by Grayson, seconded by Shaffer and motion carried unanimously to authorize
payment of $100 honorarium to Andre Koen.
Continued Public Hearing - Ordinance #308 - Conditional Use Permit No. 03-104 -
Amendment #1 -1200 Mendelssohn Avenue North
Thomas Burt stated the applicant requested the item be continued until the City Council
meeting of October 19, 2004.
The Mayor opened the meeting for public input and persons present to do so were
afforded the opportunity to express their views thereon. Hearing and seeing no one, the
Mayor closed the public hearing.
MOVED by Grayson, seconded by Freiberg and motion carried to continue the public
hearing until October 19, 2004 for consideration of conditional use permit number 03-104,
amendment #1, 1200 Mendelssohn Avenue North.
Establishing Golden Valley Connection Project Executive Board
The Council will discuss this item at the October 12, 2004 Council/Manager meeting.
Call for Public Hearing - Special Assessments - 10/19/04
Sue Virnig, Assistant Finance Director, introduced the agenda item and answered
questions from the Council.
Regular Meeting of the City Council
October 5, 2004
Page 5
Call for Public Hearing - Special Assessments - 10/19/04 - Continued
MOVED by Freiberg, seconded by Shaffer and motion carried unanimously to call for a
public hearing for special assessments for October 19, 2004 at 7:00 p.m.
First Consideration - Ordinance #310 - Smoke Free Environment
The following ordinance was MOVED by Pentel, seconded by Shaffer:
ORDINANCE NO. 310, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Amending Chapter 10 Adding Section 10.67 "Smoke Free Environment"
Thomas Burt introduced the agenda item and answered questions from the Council. Adam
Fulton, Planning Intern reviewed the ordinance and answered questions from the Council.
Allen Barnard 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.
Tom Lehman, 4525 Douglas Avenue, supports the smoke free ordinance, feels smoking is
dangerous to everyone not just smokers, concerned about the toxins released during
smoking, concerned for effects of second hand smoke on non-smokers.
Dr. Gary Hanovich, 2231 Lee Avenue North, stated he is a cardiologist and supports the
smoke free ordinance, stated there is significant health issues related to short and long
term exposure to smoke.
Barb Obershaw, TwinWest Chamber of Commerce, opposed to the city -by -city laws
banning smoking, feels if it is adopted it should be County or State wide ban.
Ron Latz, State Representative, supports the smoke free ordinance and feels cities should
adopt smoke free ordinances and that by adopting them, the State will enact a state-wide
ban.
Dr. David Estrin, 2160 Cavell Avenue North, supports the smoke free ordinance, stated he
is a pediatrician and stated smoking has a big impact on the quality of life of children.
Irene Serr, 500 Turnpike Road, supports the smoke free ordinance, stated she and her
family never smoked but she is a victim of a pulmonary embolism, and encouraged Golden
Valley to be the first to adopt the ordinance.
Barb Lupient, Lupient Olds, stated their business went smoke free in the mid -90's and feels
it has helped both the public and their employees and urged the Council to support the
ordinance.
Regular Meeting of the City Council
October 5, 2004
Page 6
First Consideration - Ordinance #310 - Smoke Free Environment - Continued
David Cera, 535 Radisson Road, supports the smoke free ordinance, stated he and his
family have avoided bars and restaurants because of the smoking.
Judy Lockett, 931 Angelo Drive, supports the smoke free ordinance, stated she is looking
forward to going to businesses like restaurants and bars again after the ordinance is
adopted.
Steve Elkins, Bloomington Council Member, stated that Bloomington's ordinance went into
effect on September 1, 2004 and they have not received any complaints; he reviewed the
discussion and actions the Bloomington Council went through before they adopted the
ordinance.
Joan Bursack, 4121 Woodstock Avenue, supports smoke free ordinance, stated she used
to work where there were a lot of smokers and she went home sick every night and feels
adults should be modeling a smoke free environment for children.
Bruce Nelson, 1918 Portland Avenue, St. Paul, stated he is a Professional Mechanical
Engineer, displayed how a ventilation system works and stated that a ventilation system
will not remove all the harmful chemicals that are generated by smoke.
Mary Bergaasas, 9112 Medley Road, stated she is an Association for Non Smokers
Minnesota Board Member, supports the smoke free ordinance, and feels it is an
opportunity to take a step in the right direction for people who live and work within the City.
Pat Fontaine Conboy, 1100 Angelo Drive, stated she is a family physician and she works
with patients who are trying to quit and who are affected by second hand smoke, and feels
that the ban will help people who are trying to quit.
Joy Curman, American Lung Association, supports the smoke free ordinance and shared a
story about how smoking has affected her family.
Mary Anderson, 3030 Scott Avenue North, commends the Council for considering the
ordinance and for helping make the City a healthy place to live, work and play.
The Mayor closed the public hearing.
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to adopt on First
Consideration Ordinance #310, 2nd Series, as amended regarding police enforcement and
license revocation language. Upon a roll call vote, the vote was as follows:
FREIBERG - YES GRAYSON - YES LOOMIS - YES PENTEL - YES SHAFFER - YES
Regular Meeting of the City Council
October 5, 2004
Page 7
Announcements of Meetings
Council Members will attend the League of Minnesota Cities Annual Conference in Duluth
from October 10-12, 2004.
The next Housing and Redevelopment Authority meeting will be held on October 12, 2004
at 6:30 p.m.
A Council/Manager meeting will be held on October 12, 2004 immediately following the
HRA meeting.
The next City Council meeting will be held on October 19, 2004 at 6:30 p.m.
The General Election will be held on November 2, 2004
A City Council meeting will be held on Wednesday, November 3, 2004 at 6:30 p.m.
A City Council meeting will be held on October 19, 2004 at 6:30 p.m.
The next Bassett Creek Water Management Commission will meet on October 21, 2004 at
noon.
A Council/Manager meeting will be held on November 9, 2004 at 6:30 p.m.
Mayor and Council Communications
No action and/or discussion took place.
Adiournment
The Mayor adjourned the meeting at 8:35 p.m.
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