06-03-08
Regular Meeting
of the
City Council
June 3, 2008
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 June 3, 2008 at 6:30 p.m.
The following members were present: Freiberg, Pentel, Loomis, Scanlon and Shaffer. Also
present were: Thomas Burt, City Manager; Allen Barnard, City Attorney; and Judy Nally,
Administrative Assistant.
Board/Commission Oath of Office and Presentation of Certificate of Appointment
Mayor Loomis administered the oath of office and presented Certificates of Appointment,
mug and city pin to: Jim Stremel, Environmental Commission and Nancy Nelson, Board of
Zoning Appeals. Mike Kisch, Board of Zoning Appeals was unable to attend the meeting.
Approval of Agenda
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the
agenda of June 3, 2008 as amended: addition of New Business - Storm Damage.
Approval of Consent Agenda
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the
items on the consent agenda as amended: removal of Authorization to Sign Joint
Cooperation Agreement with Hennepin County for Participation in Urban Hennepin County
Community Development Block Grant Program in 2009-2011, Extension of Conditional Use
Permit 166 - New Hope Christian Life Center/Daycare - 8025 Medicine Lake Road and
Extension of Provisional Multiple Dwelling License - 1400, 1450, 1500, 1600 Douglas
Drive.
Mayor Loomis read the items listed on the consent agenda.
*Approval of Minutes - City Council Meeting - May 6, 2008
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the
City Council meeting minutes for May 6,2008 as submitted.
*Bills and Claims
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to authorize the
payment of the City and Housing and Redevelopment Authority bills as submitted.
Regular Meeting of the City Council
June 3, 2008
Page 2
*General Business Licenses
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 Reauirement - The Leukemia &
Lvmphoma Society
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to receive and
file the gambling license exemption and approve the waiver of notice requirement for The
Leukemia & Lymphoma Society.
*Peddler's License - Storm Pro Exteriors
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the
peddler's license for Storm Pro Exteriors.
*Peddler's License - Fund for Public Interest Research
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the
peddler's license for Fund for Public Interest Research.
*Minutes of Boards and Commissions
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to receive and
file the minutes as follows:
Planning Commission - April 28, 2008
Board of Zoning Appeals - April 22, 2008
Bassett Creek Water Management Commission - April 17, 2008
*Quotes - Street Striping and Markings
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to award the bids
for 2008 street striping and markings to the lowest responsible bidder, Traffic Marking
Services for $52,929.00. The bids are as follows:
AAA Striping Service Co.$
Highway Technologies
Century Fence Co.
$78,025.00
85,509.00
86,784.50
Regular Meeting of the City Council
June 3, 2008
Page 3
*Quotes - Sealcoatina
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to award the bid
for sealcoating to the lowest responsible bidder, Allied Blacktop Company, for the amount
of $145,837.62. The bids are as follows:
Allied Blacktop Company
Pearson Brothers, Inc.
$185,356.64
189,676.65
*Bids - Street Construction and Maintenance Materials
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to award the
bids for the purchase of the following street construction and maintenance materials to the
lowest responsible bidders. The bids are as follows:
Class 7 Aggregate
Sand FA-1
Crushed Rock
Type 41A Wearing Mix Course Mix
Barton Sand and Gravel
Barton Sand & Gravel Co.
Aggregate Industries
Commercial Asphalt, Inc.
$ 8.801T0n
7.631T0n
23.261T0n
56.231T0n
The bid tabulation is attached to the minutes as Exhibit A.
*Bids - Trailer Mounted Valve Maintenance/Exerciser and Vacuum
Excavation/Cleanout Unit
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to purchase one
Trailer Mounted Valve Maintenance/Exerciser and Vacuum Excavation/Cleanout Unit, to
be cooperatively purchased by the cities of Golden Valley, Crystal and New Hope (the Joint
Water Commission, from the only bidder, E.H. Wachs Company for $63,734.93, including
Minnesota sales tax.
* Authorization to Sell Truck Mounted Sewer Jetter
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the
sale of one truck mounted sewer jetter to the highest bidder, Municipal Commercial Sewer
Cleaning Company, Inc. for $17,500.00. The bids are as follows:
Municipal Commercial Sewer Cleaning Service, Inc.
Flexible Pipe Tool Company
$17,500.00
16,100.00
Regular Meeting of the City Council
June 3, 2008
Page 4
Authorization to Sign Joint Cooperation Agreement with Hennepin County for
Participation in Urban Hennepin County Community Development Block Grant
Program in 2009-2011
Council Member Pentel had questions regarding the funding the City will receive. Thomas
Burt answered questions from the Council.
Member Pentel introduced the following resolution and moved its adoption:
RESOLUTION 08-25
RESOLUTION AUTHORIZING THE EXECUTION OF A JOINT COOPERATION
AGREEMENT BETWEEN THE CITY OF GOLDEN VALLEY AND HENNEPIN COUNTY
FOR PARTICIPATION IN THE URBAN HENNEPIN COUNTY COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM IN FISCAL YEAR 2009-2011
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,
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.
*Extension of Variance 07-05-11 -1711 Winnetka Avenue North
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to extend
Variance No. 07-05-11 (waiver from Section 11.21, Subd. 10(A)(3)(a) of City Code)
allowing a one year extension (expiring June 3, 2009) for the completion of a garage
addition at 1711 Winnetka Avenue North.
Extension of Conditional Use Permit 166 - New Hope Christian Life Center/Daycare -
8025 Medicine lake Road
Council Member Scanlon had questions about the delay in opening the daycare.
Assistant Pastor, answered questions from the Council.
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to extend
Conditional Use Permit No. 116 allowing for a one year extension (expiring July 17,2009)
for the establishment of an onsite daycare, maintaining all original conditions and
provisions therein at8025 Medicine Lake Road.
Regular Meeting of the City Council
June 3, 2008
Page 5
*Amending the Health Information Portability and Accountability Act of 1996 (HIPAA)
Privacy Policies and Procedures, Including a Health Reimbursement Arrangement
(HRA) as an Organized Health Care Arrangement (OCHA)
Member Pentel introduced the following resolution and moved its adoption:
RESOLUTION 08~26
RESOLUTION AMENDING THE HEALTH INFORMATION PORTABILITY AND
ACCOUNTABILITY ACT OF 1996 (HIPAA) PRIVACY POLICIES AND PROCEDURES,
INCLUDING A HEALTH REIMBURSEMENT ARRANGEMENT (HRA) AS AN
ORGANIZED HEALTH CARE ARRANGEMENT (OCHA)
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,
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.
Extension of Provisional Multiple Dwelling License - 1400,1450, 1500, 1600 Douglas
Drive
Council Member Scanlon had questions regarding the status of the repairs to the
apartment buildings. Thomas Burt answered questions from the Council.
MOVED by Pentel, seconded by Freiberg and motion carried to extend the Multiple
Dwelling provisional license for 1400,1450,1500 and 1600 Douglas Drive North to July 1,
2008. Council Member Scanlon voted no.
*Continued Item - liquor License Renewal Hearing - Webb Golden Vallev, LLC d/b/a
Good Day Cafe
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to continue the
Liquor License Renewal Hearing for~ Webb Golden Valley, LLC d/b/a Good Day Cafe to
the June 17, 2008 City Council meeting in order for the applicant to complete the City
requirements.
Regular Meeting of the City Council
June 3, 2008
Page 6
Authorizing Issuance, Awarding Sale, Prescribing Form and Detail and Providing
Payment of $6,680,000 General Obligation Improvement Bonds, Series 2008A and
$750,000 General Obligation Equipment Certificates, Series 2008B
Sue Virnig, Finance Department, introduced the agenda item.
Dave McGillivray, Springsted Inc., reviewed the bids and answered questions from the
Council.
Member Pentel introduced the following resolution and moved its adoption:
RESOLUTION 08-27
RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE, PRESCRIBING
THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF $6,680,000
GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2008A
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,
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.
Member Pentel introduced the following resolution and moved its adoption:
RESOLUTION 08-28
RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE, PRESCRIBING THE
FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF $750,000 GENERAL
OBLIGATION EQUIPMENT CERTIFICATES OF INDEBTEDNESS, SERIES 2008B
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,
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.
On Sale, Off Sale, Sunday Sale, Club and Wine On Sale and Non-Intoxicating Malt
Liquor License Renewals
Nate Gove, Commander, introduced the agenda item.
MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to approve the
renewal of the On Sale, Off Sale, Sunday Sale, Club and On Sale Wine and Non-
intoxicating Malt liquor licenses for 2008-2009 license term unconditionally as listed below:
Regular Meeting of the City Council
June 3, 2008
Page 7
On Sale, Off Sale, Sunday Sale, Club and Wine On Sale and Non-Intoxicatina Malt
Liquor License Renewals - Continued
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the
renewal of the respective liquor licenses for the applicants listed above for the 2008-2009
license term.
Off Sale
Byerly's Beverages, Inc. d/b/a Byerly's Wine & Spirits
Golden Valley Liquor Barrel, Inc. d/b/a Golden Valley Liquor Barrel
Ha Tien Liquor, Inc. d/b/a MGM Liquor Warehouse
Adelemor, Inc. d/b/a United Liquors #2
SGS Enterprises, Inc. d/b/a Westview Liquors
Off Sale / On Sale and Sunday Sale
RZMP Corporation, d/b/a Schuller's Tavern
On Sale and Sunday Sale
D'Amico Catering, Inc., d/b/a Metropolitan Ballroom and Clubroom
GMRI, Inc. d/b/a Red Lobster
Majors Sports Cafe of Golden Valley, Inc. d/b/a Majors Sports Cafe
Samurai, Inc. d/b/a Benihana
Golden Valley Country Club Inc. d/b/a Golden Valley Country Club
Scoreboard, Inc. d/b/a J.J.'s Clubhouse
Cliff Corporation d/b/a Doolittles
On Sale
Buon Amico Inc. d/b/a Piazza's Ristorante
Club On Sale and Sunday Sale
Chester Bird American Legion Post #523
Golden Valley VFW Post #7051
Wine On Sale (including strong beer) and Non-Intoxicating Malt Liquor
D'Amico and Sons, LLC d/b/a D'Amico and Sons
The Noodle Shop Co. Colorado Inc. d/b/a/ Noodles & Company
Regular Meeting of the City Council
June 3, 2008
Page 8
First Consideration - Ordinance #399 - Amendments to Chapter 3 Reaarding Private
Contractors Permitted to Perform Sanitary Sewer Service Inspections and First
Consideration - Ordinance #400 - Amendment to the Master Fee Schedule for
Sanitary Sewer Inspections and Compliance Fees
The following ordinance was MOVED by Shaffer, seconded by Freiberg:
ORDINANCE NO. 399, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Amendment to Chapter 1 Regarding Providing Penalties for Fraudulent Statements and
Amendments to Chapter 3 Regarding Private Contractors Permitted
to Perform Sanitary Sewer Service Inspections
and
ORDINANCE NO. 400, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Amendment to the Master Fee Schedule for
Sanitary Sewer Inspections and Compliance Fees
Thomas Burt introduced the agenda item and answered questions from the Council.
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve
Ordinance #399, 2nd Series and Ordinance #400, 2nd Series. Upon a roll call vote, the
vote was as follows:
FREIBERG - YES LOOMIS - YES PENTEL - YES SCANLON - YES SHAFFER - YES
The Council requested that staff prepare an amendment to the ordinance for second
consideration which removes the provisions regarding inspections required for building
permits, subidivions and/or variance requests.
Storm Damage
Mayor Loomis stated that after the hail storm of May 31, 2008 residents have been calling
the City regarding what to do with the leaves and other plant materials from the storm.
Thomas Burt answered questions from the Council.
The City Council decided not to set up a special leaf drop off program as many of the
residents had already disposed of their debris through their garbage haulers or by bringing
their debris to the Maple Grove Yard Waste Site.
Regular Meeting of the City Council
June 3, 2008
Page 9
Announcements of Meetings
A Concert in the Park featuring Golden Valley Orchestra will be held on June 9, 2008 at 7
pm at Brookview Park.
The next Council/Manager meeting will be held on June 10, 2008 at 6:30 pm.
A Concert in the Park featuring Celebration Brass will be held on June 16,2008 at 7 pm at
Brookview Park.
The next City Council meeting will be held on June 17, 2008 at 6:30 pm.
The Fire and Police Open House is June 18, 2008 from 6 to 8 pm at all Police/Fire
buildings.
A Bassett Creek Water Management Commission will be held on June 19, 2008 at 11 :30
am.
A Concert in the Park featuring Robbinsdale City Band will be held on June 19, 2008 at 7
pm at Brookview Park.
The Fire Department Street Dance is June 21,2008 at the American Legion.
A Concert in the Park featuring Tubby Esquire will be held on June 23, 2008 at 7 pm at
Brookview Park.
A Joint Environmental Commission, Planning Commission and City Council Meeting will be
held on June 23, 2008 from 6 to 7 pm.
Some Council Members may attend the Board/Commission Recognition Dinner on June
25, 2008 at 6:30 pm at the Brookview Community Center.
Mayor and Council Communications
Mayor Loomis will attend the League of Minnesota Cities Conference and do presentation
on the Envision Connection Project.
Adiournment
The Mayor adjourned the meeting at 7:35 pm.
Linda R. Loomis, Mayor
ATTEST:
Judy Nally, Administrative Assistant