09-02-08
Regular Meeting
of the
City Council
September 2,2008
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 September 2, 2008 at 6:30 p.m.
The following members were present: Freiberg, Pentel, Loomis, Scanlon 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 Agenda
MOVED by Freiberg, seconded by Shaffer and motion carried unanimously to approve the
agenda of September 2,2008 as submitted.
Approval of Consent Agenda
MOVED by Freiberg, seconded by Shaffer and motion carried unanimously to approve the
items on the consent agenda as submitted.
Mayor Loomis read the items listed on the consent agenda.
*Approval of Minutes - City Council Meeting - July 15, 2008
MOVED by Freiberg, seconded by Shaffer and motion carried unanimously to approve the
City Council Meeting minutes of July 15, 2008 as submitted.
*Bills and Claims
MOVED by Freiberg, 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
MOVED by Freiberg, seconded by Shaffer and motion carried unanimously to authorize the
issuance of licenses as recommended by staff.
*Solicitor's License - Metropolitan Marketing Concepts
MOVED by Freiberg, seconded by Shaffer and motion carried unanimously to approve the
solicitor's license for Metropolitan Marketing Concepts.
*Gambling License Exemption - Edina Realty Foundation
MOVED by Freiberg, seconded by Shaffer and motion carried unanimously to receive and
file the gambling license exemption for the Edina Realty Foundation.
Regular Meeting of the City Council
September 1, 2008
Page 2
*Minutes of Boards and Commissions
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to receive and
file the minutes as follows:
Board of Zoning Appeals - July 22, 2008
Civil Service Commission - April 1 0, 2008
Envision Connection Project Board of Directors - July 17, 2008
*Letter from Bruce and Elizabeth Kittilson Regarding Dog Ordinance
MOVED by Freiberg, seconded by Shaffer and motion carried unanimously to receive and
file the letter from Bruce and Elizabeth Kittilson, dated August 20, 2008, regarding the dog
ordinance.
*Quote - City Hall and Golf Maintenance Proiect
MOVED by Freiberg, seconded by Shaffer and motion carried unanimously to authorize
building maintenance on the City Hall and Golf Maintenance from the lowest responsible
bidder, Restoration Systems, Inc. for $58,200. The bids are as follows:
Restoration Systems, Inc.
Advanced Masonry Restoration
Western Waterproofing Co., Inc.
$58,200
115,381
110,000
*Quote - Fire Station #3 Emergency Generator
MOVED by Freiberg, seconded by Shaffer and motion carried unanimously to approve the
installation of an emergency backup generator at Fire Station #3 from the lowest
responsible bidder, Allied Generators for $51,595. The bids are as follows:
Allied Generators
Gopher Electric, Inc.
Ridgedale Electric, Inc.
Electrical Installations & Maintenance, Inc.
Phasor Electric Company
$51,595
56,454
62,100
63,900
71,000
*Quote - Playground Equipment - Natchez Park
MOVED by Freiberg, seconded by Shaffer and motion carried unanimously to approve the
purchase and installation of playground equipment at Natchez Park from the lowest
responsible bidder, Earl F. Andersen, Inc. for $32,685.00. The bids are as follows:
Earl F. Andersen, Inc.
Play Power/Flanagan Sales
$32,685.00
33,927.78
Regular Meeting of the City Council
September 1, 2008
Page 3
*Call for Public HearinQ - Special Assessments - Delinquent Utility Bills and
Miscellaneous CharQes -10/7/08
MOVED by Freiberg, seconded by Shaffer and motion carried unanimously to call a public
hearing for special assessments for delinquent utility bills and miscellaneous charges for
October 7,2008 at 7 pm.
*Receipt of July 2008 General Fund BudQet Report
MOVED by Freiberg, seconded by Shaffer and motion carried unanimously to receive and
file the July 2008 General Fund Budget Report.
*Receipt of Safe & Sober ChallenQe Grant
Member Freiberg introduced the following resolution and moved its adoption:
RESOLUTION 08-35
RESOLUTION AUTHORIZING ACCEPTANCE OF A TRAFFIC SAFETY AWARD
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.
*AuthorizinQ Submittal of 2008 Municipal RecyclinQ Grant Application with Hennepin
County
Member Freiberg introduced the following resolution and moved its adoption:
RESOLUTION 08-36
RESOLUTION AUTHORIZING SUBMITTAL OF THE 2008 MUNICIPAL
RECYCLING GRANT APPLICATION TO HENNEPIN COUNTY AND
AUTHORIZE EXECUTION OF GRANT AGREEMENT
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.
Regular Meeting of the City Council
September 1 , 2008
Page 4
*Call for Administrative Hearing - Tobacco Compliance Check Violation - Golden
Valley Sinclair - 9/16/08
Member Freiberg introduced the following resolution and moved its adoption:
RESOLUTION 08-37
RESOLUTION CALLING FOR AN ADMINISTRATIVE HEARING ON
TOBACCO SALES VIOLATION - GOLDEN VALLEY SINCLAIR
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.
Public Hearing - Public Hearing - Industrial Development Revenue Refunding Note -
Opportunity Partners, Inc.
Sue Virnig, Finance Director, introduced the agenda item 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.
John Utley, Kennedy and Graven, stated the documents allow the City to consent to the
refinancing to proceed.
Bruce Bester, Senior Vice President, Finance and Chief Financial Officer, stated the funds
from this refunding will be put back into the program.
The Mayor closed the public hearing.
Member Shaffer introduced the following resolution and moved its adoption:
RESOLUTION 08-38
RESOLUTION APPROVING THE ISSUANCE OF AN INDUSTRIAL
DEVELOPMENT REVENUE REFUNDING NOTE BY THE
HENNEPIN COUNTY HOUSING AND REDEVELOPMENT AUTHORITY
UNDER MINNESOTA STATUTES, SECTIONS 469.152 THROUGH 469.165
OPPORTUNITY PARTNERS, INC.
Regular Meeting of the City Council
September 1, 2008
Page 5
Public Hearina - Public Hearina - Industrial Development Revenue Refundina Note -
Opportunity Partners, Inc.
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,
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.
MOVED by Shaffer, seconded by Pentel and motion carried unanimously to authorize the
Mayor and City Manager to sign the Joint Powers Agreement.
Public Hearina - Ordinance No. 408 - Conditional Use Permit 08-123 - 601 Boone
Avenue North - Teacher Federal Credit Union, Applicant
The following ordinance was MOVED by Freiberg, seconded by Pentel:
ORDINANCE NO. 408, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Approval of Conditional Use Permit Number 08-123
601 Boone Avenue North
Teacher Federal Credit Union, Applicant
Dan Lieberthal, Vice President Real Estate, Teacher Federal Credit Union, reviewed the
permit and answered questions from the Council.
Steve Schmidgall, Planning Commissioner, presented the Commission report and
answered questions from the Council.
Thomas Burt presented the staff report.
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 Freiberg, seconded by Pentel and motion carried unanimously to approve
Ordinance #408, 2nd Series. Upon a roll call vote, the vote was as follows:
FREIBERG - YES LOOMIS - YES PENTEL - YES SCANLON - YES SHAFFER - YES
Regular Meeting of the City Council
September 1, 2008
Page 6
Set Date for Public Hearinas - 2009 Proposed Budaet and Property Tax Levy
Sue Virnig, Finance Director, introduced the agenda item and answered questions from the
Council.
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to set the date
of the original public hearing for Monday, December 1 at 6:30 pm and the reconvened
hearing on Monday, December 8 at 6:30 pm for consideration of the 2009 Proposed
Budget and 2009 Tax Levy.
Certification of 2009 Proposed Property Tax Levy
Sue Virnig, Finance Director, introduced the agenda item and answered questions from the
Council. Thomas Burt answered questions from the Council.
MOVED by Freiberg, seconded by Shaffer and motion carried unanimously to certify the
City's 2009 proposed property tax levy in the amount of $16,124,650.
Request to OCCUpy Recreational Vehicle Durina Construction - 500 Indiana Avenue
North
Mark Kuhnly, Chief of Fire and Inspections Services, introduced the agenda item. Allen
Barnard answered questions from the Council
After the Council considered the matter it was, MOVED by Shaffer, seconded by Scanlon
and motion carried unanimously to deny the request from Gordon Leighton, 500 Indiana
Avenue North, to live in a recreational vehicle on site based on the following findings:
1) sanitation issues are a real problem in that facilities are not available on the site,
2) construction debris and other debris is strewn all about the property;
3) safety of property owner;
4) the building appears to be a nuisance at the present time and if the work required to
be completed is done the house would still be uninhabitable.
Announcements of Meetinas
The Douglas Drive Task Force will meet on September 9,2008 at 7 am at the Brookview
Community Center.
The Primary Election will be held on September 9, 2008.
The next Council/Manager meeting will be held on Wednesday, September 10, 2008 at
6:30 pm.
Regular Meeting of the City Council
September 1, 2008
Page 7
Announcements of Meetings - Continued
Some Council Members may attend the September 11, 2008 Historical Society Meeting at
the GVHS Historic Church.
The Human Services Foundation Golf Classic will be held on September 12, 2008 at 8 am
at the Brookview Golf Course.
A City Council meeting will be held on September 16, 2008 at 6:30 pm.
The next Bassett Creek Water Management Commission will be held on September 17,
2008 at 11 :30 am.
A Council Social will be held on September 25, 2008 from 6 to 8 pm at the Piazza's Italian
Restorante.
A Douglas Drive Corridor Study Workshop will be held on September 29, 2008 from 6 - 8
pm at City Hall.
Mavor and Council Communications
No action and/or discussion took place.
Adiournment
The Mayor adjourned the meeting at 7:30 pm.
Linda R. Loomis, Mayor
ATTEST:
Judy Nally, Administrative Assistant