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City Council Minutes March 21, 2011 Page 6 APPROVING AND AUTHORIZING EXECUTION OF MN/DOT DETOUR AGREEMENT NUMBER 98526 FOR THE TRUNK HIGHWAY NO.169 DETOUR. MOTION CARRIED 5-0. 8.1. Replacing the City Cell Phone Use Guidelines Mr. Pearson presented the staff report. Council requested more detailed information on the current number of cell phone users. There was discussion on how the Data Practices Act would affect calls on personal and city issued phones. Staff was directed to amend the policy to make data practices issues clear to employees and to bring the polity back to Council for adoption. 8.2. Consider Tobacco License-Omar Wazwaz DBA/Smokes4Less. 19112 Freeport Avenue Ms. Allard presented the staff report. Rachael Goldberger, attorney for Omar Wazwaz - Stated a ventilation system would be expensive to add to the building and Mr. Wazwaz would be willing to have a condition added that says smoking wouldn't be allowed in the tobacco shop. She requested the Council amend the ordinance in order to allow this shop location to be grandfathered in from having to meet the 500 foot setback requirement because it was already in business when the ordinance was amended in 2008. Mr. Beck noted that this situation is different from a zoning situation in that there are no • non-conforming use rights and a new licensee would be required to comply with the ordinance. He stated this is a polity decision for the Council and if they want to issue a new license they would have to amend the ordinance. Council was agreeable to amending the ordinance but didn't want any new shops to be within the 500 feet of schools/parks. Council directed staff to come back with an amendment in order to allow this particular tobacco shop to be able to operate at its current location with new licensees. 8.3. Authorization to Hire Lead Clubhouse Attendant Ms. Johnson presented the staff report. Councilmember Moon expressed concerns with the $15 per hour pay rate and felt it was the top of the pay scale and would have no ability to pay increases. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER ZERWAS TO AUTHORIZE THE HIRING OF DOUGLAS DAHL AS A SEASONAL LEAD CLUBHOUSE ATTENDANT AT $15 PER HOUR BEGINNING TUESDAY, MARCH 22, 2011. MOTION CARRIED 5-0. 8.4. Consider Appointment of New Library Board Member MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPOINT NICOLE NOVOTNY TO THE LIBRARY BOARD TO DECEMBER 31, 2012. MOTION CARRIED 5-0.