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10-15-96 CC minutesRegular Meeting of the City Council October 15, 1996 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 15, 1996 at 6:30 p.m. The following members were present: Anderson, Johnson, LeSuer, Micks (arrived at 6:45 p.m.) and Russell. Also present were: William Joynes, City Manager; Fred Salsbury, Director of Public Works; Allen Barnard, City Attorney; and Judy Nally, Administrative Secretary. Citizen In"ut Mayor Anderson introduced the agenda item. Hearing and seeing no one, the Council continued the meeting. *Letter from Kenneth Bjorn Regarding Installation of Four -Way Stop Signs on Duluth Street and Regent Avenue North MOVED by Johnson, seconded by Russell and motion carried unanimously to receive and file the letter from Kenneth Bjorn, dated September 26, 1996 regarding installation of four- way stop signs on Duluth Street. MOVED by LeSuer, seconded by Russell and motion carried unanimously to approve the agenda of October 15, 1996 as submitted. Approval of Consent Agenda MOVED by Johnson, seconded by Russell and motion carried unanimously to approve the items on the consent agenda, indicated by an asterisk. Mayor Anderson read the items listed on the consent agenda. *Approval of Check Register MOVED by Johnson, seconded by Russell and motion carried unanimously to authorize payment of the bills as submitted. *General Business and Heating Licenses MOVED by Johnson, seconded by Russell and motion carried unanimously to authorize the issuance of general business licenses #16193 - #16199 and #6854. Regular Meeting of the City Council October 15, 1996 Page 2 *Minutes of Boards and Commissions MOVED by Johnson, seconded by Russell and motion carried unanimously to receive and file the minutes received as follows: Building Board of Review - August 19, 1996 and September 16, 1996 Black History Committee - October 3, 1996 Human Services Foundation - September 9, 1996 and October 7, 1996 Human Rights Commission - August 8, 1996 Informal Public Hearing - First Consideration - Ordinance #151 - Regarding Tobacco Sales to Minors The following ordinance was MOVED by Johnson, seconded by Russell: ORDINANCE #151, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE RESPECTING TOBACCO SALES TO MINORS William Joynes introduced the agenda item. Dean Mooney, Director of Public Safety, reviewed the ordinance and 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. David R Behrs, Jonathon Robert Fields Companies, feels the compliance checks are entrapment, suggested other ideas to have employees and/or store owners do compliance checks with some reward system. Bob Schafer, 7230 Golden Valley Road, suggested the ordinance should be simplified by having no one under the age of 18 sell cigarettes to anyone else under the age of 18, no self service of any kind, all tobacco products should be kept under strict control, feels the violations should be simple, common sense and strict and enforceable and strictly enforced. Peggy Specktor, 5025 Hampton Road, feels the Council should limit youth access to tobacco, it is a major health hazard and is associated with chronic medical problems and mortality. Peter Jude, representing several retail trade associations: Minnesota Growers, Petroleum Association and Whole -Sale Marketers Association, stated that stores enter into contracts with companies to display their products for compensation, and they will lose a large amount of money from not being able to display tobacco products, and they will have a legal claim against City for lost compensation. Regular Meeting of the City Council October 15, 1996 Page 3 Informal Public Hearing - First Consideration - Ordinance #151 - Regarding Tobacco Sales to Minors - Continued Dave Edquist, Area Manager, Super America, 1930 Douglas Drive, trains their employees to not sell to under age children, and stated that many stores use 16-17 year olds as clerks in their stores and it would cause a hardship on them to find employees and will have to lay-off employees, does not feel it is fair, and suggested the age requirement be amended. Paul Pentel, 941 Angelo Drive, stated he is a doctor and runs a clinic for people who want to stop smoking and feels that we should stop children before they even begin to smoke, feels that fines will help the underage employees to have a reason to tell their friends why they can't sell them tobacco products, feels that tobacco products should be kept behind the counter so that children do not have access to them, and feels that compliance checks should be continued to help monitor the situation. Tom Lehman, 4525 Douglas Avenue, distributed handouts and is speaking on behalf of the Golden Valley Coalition to Protect Kids strongly supports the ordinance. John Orndorf, 1346 Boone Avenue North, feels that clerks who are 16-17 years old should be allowed to work at stores and sell tobacco products, feels it is the parents responsibility to teach their children not to smoke and not the City's responsibility. Alan Nadosy, 5121 Colonial Drive, feels the parents should be responsible for their children's activities and the ordinance should involve them, and the businesses and store clerks are not. Deborah Simmons, 4525 Douglas Avenue, family therapist. Feels that if all parents were so concerned about this problem we wouldn't be having them, feels that the council should approve the ordinance to better help the community. The Mayor closed the public hearing. MOVED by Johnson, seconded by Micks and motion carried to remove Subd. 5. C. "No person under the age of 18 shall sell, furnish or give away Tobacco Products at a facility licensed under this Section". Mayor Anderson voted no. MOVED by Johnson, seconded by LeSuer and motion carried unanimously to approve Ordinance #151, 2nd Series, as amended. Upon a roll call vote, the vote was as follows: ANDERSON - YES JOHNSON - YES LESUER - YES MICKS - YES RUSSELL - YES Regular Meeting of the City Council October 15, 1996 Page 4 Public Hearing - Stop Sign Installation - Spruce Trail at Noble Avenue North and Bassett Creek Lane at Noble Avenue North William Joynes introduced the agenda item. Fred Salsbury reviewed the installation and answered questions. The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Martin Allen, 4620 Bassett Creek Lane, asked questions about the purpose for the meeting as the intersection has had a stop sign for many years. Kay Jour, 2150 Spruce Trail, asked questions about the placement of the stop sign. The Mayor closed the public hearing. Member LeSuer introduced the following resolution and moved its adoption: RESOLUTION 96-72 RESOLUTION AUTHORIZING INSTALLATION OF STOP SIGNS ON SPRUCE TRAIL AT NOBLE AVENUE NORTH The motion for the adoption of the foregoing resolution was seconded by Member Micks and upon a vote being taken thereon, the following voted in favor thereof: Anderson, Johnson, LeSuer, Micks, and Russell, 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. Member LeSuer introduced the following resolution and moved its adoption: RESOLUTION 96-73 RESOLUTION AUTHORIZING INSTALLATION OF STOP SIGN ON BASSETT CREEK LANE AT NOBLE AVENUE NORTH The motion for the adoption of the foregoing resolution was seconded by Member Micks and upon a vote being taken thereon, the following voted in favor thereof: Anderson, Johnson, LeSuer, Micks, and Russell, 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. Regular Meeting of the City Council October 15, 1996 Page 5 *Call for Informal Public Hearing - Ordinance Amendment - Removal of Litter Refuse and Yard Waste from Private Pro eg_rtyby the Ci - 11/6/96 MOVED by Johnson, seconded by Russell and motion carried unanimously to call for an informal public hearing for consideration of an ordinance amendment regarding removal of litter, refuse, and yard waste from private property by the City for November 6, 1996. Continued Participation in the Local Housing Incentives Account Program Under the Metropolitan Livable Communities Act William Joynes introduced the agenda item. Mark Grimes, Director of Planning and Development reviewed the program and answered questions from the Council. Member Johnson introduced the following resolution and moved its adoption: RESOLUTION 96-94 RESOLUTION ELECTING TO CONTINUE PARTICIPATION IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT CALENDAR YEAR 1997 The motion for the adoption of the foregoing resolution was seconded by Member LeSuer and upon a vote being taken thereon, the following voted in favor thereof: Anderson, Johnson, LeSuer, and Russell, the following was absent: Micks, 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. The Council requested staff to provide details of what funds are available when discussing the housing plan at the Council/Manager meeting in November. Establishing School Zone Speed Limit on Portion of Noble Avenue North for Noble School William Joynes introduced the agenda item. Fred Salsbury reviewed the school zone and answered questions from the Council. Member Russell introduced the following resolution and moved its adoption: RESOLUTION 96-95 RESOLUTION ESTABLISHING A SPEED ZONE ON NOBLE AVENUE NORTH IN THE NOBLE SCHOOL AREA The motion for the adoption of the foregoing resolution was seconded by Member Johnson and upon a vote being taken thereon, the following voted in favor thereof: Anderson, Johnson, LeSuer, and Russell, and the following was absent: Micks, 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. Regular Meeting of the City Council October 15, 1996 Page 6 Adoption of Amendments to Pavement Management Poligy William Joynes introduced the agenda item. Fred Salsbury reviewed the policy and answered questions from the Council. MOVED by Micks, seconded by Johnson and motion carried unanimously to amend the policy on page four under Maintenance, ninth sentence, change the word "may" to "will". MOVED by Micks, seconded by Johnson and motion failed to amend the policy on page four under Maintenance, ninth sentence, delete the word "large". Mayor Anderson, Council Members LeSuer and Russell voted no. Member Russell introduced the following resolution and moved its adoption, as amended: RESOLUTION 96-96 RESOLUTION AMENDING THE CITY'S PAVEMENT MANAGEMENT POLICY The motion for the adoption of the foregoing resolution was seconded by Member Micks and upon a vote being taken thereon, the following voted in favor thereof: Anderson, Johnson, LeSuer, Micks, and Russell, 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. Announcements of Meetings Mayor Anderson stated there would be a Special Council/Manager meeting following the Council Meeting regarding information on the proposed layout for Highway 100. Mayor and Council Communications Mayor Anderson distributed information from the Metropolitan Council's Open House and Public Hearings on the Growth Management Options. Regular Meeting of the City Council October 15, 1996 Page 7 Adjournment MOVED by Johnson, seconded by Russell and motion carried unanimously to adjourn the meeting at 8:26 p.m. �L Mary E Anderson, Mayor ATTEST: Ju y Nally, dministrativ Secretary