03-19-13 CC Minutes Regular Meeting
of the
City Council
March 19, 2013
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 March 5, 2013 at 6:30 pm.
The following members were present: Clausen, Harris, Pentel, Scanlon and Schmidgall;
Also present were: Thomas Burt, City Manager; Jeannine Clancy, Director of Public Works;
Allen Barnard, City Attorney; and Judy Nally, Administrative Assistant.
Pledqe of Alleqiance
The Pledge of Allegiance was recited.
Board/Commission Oath of Office and Presentation of Certificate of Appointment
Mayor Harris administered the oath of office and presented a Certificate of Appointment,
mugs and city pin to: Gillian Rosenquist, Open Space and Recreation Gommission.
Certificate of Recoqnition: Eaqle Scout Ethan Meirovitz
Mayor Harris presented Ethan Meirovitz with a Certificate of Recognition. The Council
congratulated him on his achievement.
State of the Citv Presentation
The State of the City video was shown at the meeting.
Approval of Aaenda
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve the
agenda of March 19, 2013 as amended: addition of Notification to Council Regarding
Exception to Noise Ordinance for the Breck School Project.
Approval of Consent Aqenda
MQVED by Pentef, seconded by Scanlon and motion carried unanimously to approve the
agenda of March 19, 2013 as amended: removal of Authorizing Issuance and Sale of:
$4,635,000 General Obligation Improvement Bonds, Series 2013A and $7,330,000
General Obligation Refunding Bonds, Series 2013; Authorizing 2012 General Fund
Transfer and Assignment of Fund Balance; and Bottineau Transitway Update; and addition
of Notification to Council Regarding Exception to Noise Ordinance for the Breck School
Project.
Regular Meeting of the City Council
March 19, 2013
Page 2
Approval of Minutes - Citv Council Workshop - Januarv 9, 2013 and Council/Manaqer
Meetinq - Februarv 12, 2013
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve the
City Council Workshop minutes for January 9, 2013 and Council/Manager Meeting minutes
of February 12, 2013 as submitted.
*Approval of Check Reqister
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to authorize the
payment of the City bills as submitted.
*General Business Licenses
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to authorize the
issuance of the license as recommended by staff.
*Minutes of Boards and Commissions
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to receive and
file the minutes as follows:
Planning Commission - January 14, 2013
Board of Zoning Appeals - January 22, 2013
Human Services Fund - January 14, 2013
Environmental Commission - January 28, 2013
Bassett Creek Watershed Management Commission - January 17, 2013
*Rental Propertv Licenses
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to authorize the
issuance of license as recommended by staff.
*Therapeutic Massaqe Certificate - Lee Elizabeth Lanqer
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve the
issuance of a therapeutic massage certificate to Lee Elizabeth Langer at Massage Envy,
7704 Olson Memorial Highway.
*Gamblinq License Exemption and Waiver of Notice Requirement - Sons of the
American Post 523
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to receive and
file the gambling license exemption and approve the waiver of notice requirement for the
Sons of the American Legion Post 523.
Regular Meeting of the City Council
March 19, 2013
Page 3
*Gamblinq License Exemption and Waiver of Notice Requirement - Tru Breed
Motorcvcle Club
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to receive and
file the gambling license exemption and approve the waiver of notice requirement for the
TruBreed Motorcycle Club.
*3.2 Liquor License Renewals
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve the
renewal of the respective 3.2 liquor licenses for the applicants listed below for the 2013-
2014 license term:
Off-Sale
Northern Tier Retail, LLC d/b/a SuperAmerica #4497
Northern Tier Retail, LLC d/b/a SuperAmerica #4443
On-Sale
Davanni's Inc d/b/a Davanni's Pizza
Brookview Golf Course
Theodore Wirth Chalet
*Call for Public Hearinq - Platted Drainaqe and Utilitv Easement Vacations - PUD #63
Saturn Addition - 701 and 801 Louisiana Avenue South - 4/3/13
Member Pen#el introduced the following resolution and moved its adoption:
RESOLUTION 13-14
RESOLUTION ESTABLISHING A PUBLIC HEARING ON APRIL 3, 2013 TO
CONSIDER VACATION OF CERTAIN PLATTED DRAINAGE AND UTILITY EASEMENTS
IN THE PLAT OF SATURN ADDITION P.U.D. NO. 63
AND A DRAINAGE AND UTILITY EASEMENT RESERVED IN DOCUMENT 2426056
The motion for the adoption of the foregoing resolution was seconded by Member Scanlon
and upon a vote being taken thereon, the following voted in favor thereof: Clausen, Harris,
Pentel, Scanlon and Schmidgall; and the following voted against the same: none,
whereupon said resolution was declared duly passed and adopted, signed by the Mayor
and his signature attested by the City Clerk.
*Proclamation for National Public Works Week
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to adopt the
Proclamation For National Public Works Week.
Regular Meeting of the City Council
March 19, 2013
Page 4
*Authorization to Siqn Aqreements for 2013 Pavement Manaqement Proqram
Sanitarv Sewer Repair Proqram
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to authorize
entering into Master Agreements for the 2013 Pavement Management Program Sanitary
Sewer Repair Program with the following companies: Gene's Water and Sewer, Highview
Plumbing, and Ouverson Sewer and Water.
*Establishinq Compliance with Reimbursement Bond Requlations under Internal
Revenue Code - Hiqhwav 55 West District#1
Member Pentel introduced the following resolution and moved its adoption:
RESOLUTION 13-15
RESOLUTION ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND
REGULATIONS UNDER THE INTERNAL REVENUE CODE FOR
HIGHWAY 55 WEST DISTRICT NO. 1
The motion for the adoption of the foregoing resolution was seconded by Member Scanlon
and upon a vote being taken thereon, the following voted in favor thereof: Clausen, Harris,
Pentel, Scanlon and Schmidgall; and the following voted against the same: none,
whereupon said resolution was declared duly passed and adopted, signed by the Mayor
and his signature attested by the City Clerk.
*Establishinq Compliance with Reimbursement Band Requlations under Internal
Revenue Code - Douqlas Drive Street Reconstruction
Member Pentel introduced the following resolution and moved its adoption:
RESOLUTION 13-16
RESOLUTION RELATING TO THE FINANCING OF A STREET RECONSTRUCTION
PROJECT; ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND
REGULATIONS UNDER THE INTERNAL REVENUE CODE
The motion for the adoption of the foregoing resolution was seconded by Member Scanlon
and upon a vote being taken thereon, the following voted in favor thereof: Clausen, Harris,
Pentel, Scanlon and Schmidgall; and the following voted against the same: none,
whereupon said resolution was declared duly passed and adopted, signed by the Mayor
and his signature attested by the City Clerk.
Regular Meeting of the City Council
March 19, 2013
Page 5
*Approval of Fire Department Relief Association Bv-Law Amendment Reqardinq
Pension Increase
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve the
amendments to Article XI of the by-laws of the Fire Relief Association increasing the lump-
sum pension benefit to $7,000 per year of service.
*Approval of Fire Department Relief Association Bv-Law Amendment Reqardinq
Approval to Allow the Board to Set Interest Rates up to 5%
Member Pentel introduced the following resolution and moved its adoption:
RESOLUTION 13-17
RESOLUTION APPROVING AMENDMENT TO
GOLDEN VALLEY FIRE RELIEF ASSOCIATION BY-LAWS FOR
iNTEREST ON DEFERRED RETIREMENT BENEFIT
The motion for the adoption of the foregoing resolution was seconded by Member Scanlon
and upon a vote being taken thereon, the following voted in favor thereof: Clausen, Harris,
Pentel, Scanlon and Schmidgall; and the following voted against the same: none,
whereupon said resolution was dectared duly passed and adopted, signed by the Mayor
and his signature attested by the City Clerk.
Authorizinq Issuance and Sale of: $4,635,000 General Obliqation Improvement
Bonds, Series 2013A and $7,330,000 General Obliqation Refundinq Bonds, Series
2013
Council Member Clausen requested staff to review the sale. Sue Virnig, Finance Director,
answered questions from the CounciL
Member Clausen introduced the following resolution and moved its adoption:
RESOLUTION 13-18
RESOLUTION AUTHORIZING ISSUANCE AND SALE OF
$4,635,000 GENERAL OBLIGATION BONDS, SERlES 2013A
The motion for the adoption of the foregoing resolution was seconded by Member Scanlon
and upon a vote being taken thereon, the following voted in favor thereof: Clausen, Harris,
Pentel, Scanlon and Schmidgall; and the following voted against the same: none,
whereupon said resolution was declared duly passed and adopted, signed by the Mayor
and his signature attested by the City Clerk.
Regular Meeting of the City Council
March 19, 2013
Page 6
Authorizinq Issuance and Sale of: $4,635,000 General Obliqation Improvement
Bonds, Series 2013A and $7,330,000 General Obliqation Refundinq Bonds, Series
2013 - Continued
Member Clausen introduced the following resolution and moved its adoption:
RESOLUTION 13-19
RESOLUTION AUTHORIZING ISSUANCE AND SALE OF $7,330,000 GENERAL
OBLIGATION IMPROVEMENT REFUNDING BONDS, SERIES 2013B
The motion for the adoption of the foregoing resolution was seconded by Member
Schmidgall and upon a vote being taken thereon, the following voted in favor thereof:
Clausen, Harris, Pentel, Scanlon and Schmidgall; and the following voted against the
same: none, whereupon said resolution was declared duly passed and adopted, signed by
the Mayor and his signature attested by the City Clerk.
*Approval of Extension of Variances - 410 Rhode Island Avenue North
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve an
extension of the variances granted by the Board of Zoning Appeals on March 27, 2012 for
one year (expiring on March 18, 2014) for the property located at 410 Rhode Island Avenue
North.
*Approval of Extension of Variances - 7650 Harold Avenue
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve an
extension of the variances granted by the Board of Zoning Appeals on March 27, 2012 for
one year (expiring on March 18, 2014) for the property located at 7650 Haroid Avenue.
*Receipt of December 2012 Financial Reports
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to receive and
file the December 2012 Financial Reports.
Authorizinq 2012 General Fund Transfer and Assiqnment of Fund Balance
Mayor Harris congratulated staff for the budget surplus. Sue Virnig, Finance Director,
answered questions from the Council.
Regular Meeting of the City Council
March 19, 2013
Page 7
Authorizinq 2012 General Fund Transfer and Assianment of Fund Balance -
Continued
Member Pentel introduced the following resolution and moved its adoption:
RESOLUTION 13-20
RESOLUTION AUTHORIZING THE TRANSFER OF $1,140,000 FROM THE
GENERAL FUND TO THE CAPITAL IMPROVEMENT FUND ($600,000),
EMPLOYEE BENEFITS FUND ($250,000), EQUIPMENT REPLACEMENT FUND
($100,000) AND BUILDING FUND ($190,000); AND ASSIGNING
GENERAL FUND BALANCE FOR 2013 EXPENDITURES ($60,000)
The motion for the adoption of the foregoing resolution was seconded by Member Clausen
and upon a vote being taken thereon, the following voted in favor thereof: Clausen, Harris,
Pentel, Scanlon and Schmidgall; and the following voted against the same: none,
whereupon said resolution was declared duly passed and adopted, signed by the Mayor
and his signature attested by the City Clerk.
*Proclamation for Rotarv Club of Golden Vallev
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to adopt the
proclamation for Rotary Club of Golden Valley.
*Board/Commission Appointments
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to make the
following appointments:
Board of Zoning Appeals
Larry Fonnest 1 year term term expires - May 1, 2014
Civil Service Commission
Roxanne Sienko 1 year term term expires - May 1, 2014
Environmental Commission
Kyle Turner 2 year term term expires - May 1, 2015
Human Services Fund
Amy Clements 1 year term term expires - May 1, 2014
Open Space and Recreation Commission
Gillian Rosenquist 3 year term term expires - May 1, 2016
Planning Commission
Rich Baker 3 year term term expires - May 1, 2016
Jason Boudreau-Landis 1 year term term expires - May 1, 2014
Regular Meeting of the City Council
March 19, 2013
Page 8
Bottineau Transitwav Update
Council Member Scanlon had questions regarding the release of the draft environmental
impact study. Joe Hogeboom, City Planner, answered questions from the Council.
MOVED by Scanlon, seconded by Pentel and motion carried unanimously to receive and
file the oral report.
*Notification to Council Reqardinq Waivina Exception to Noise Ordinance - Breck
School Proiect
MOVED by Scanlon, seconded by Clausen and motion carried unanimously to receive and
file Breck's notification and authorize the waiver of the noise ordinance on Sunday, March
24, 2013 and Sunday, April 7, 2013 from 7 am to 5 pm.
Announcements of Meetinqs
A Bassett Creek Watershed Management Commissian meeting will be held on March 21,
2013 at 11:30 am.
Empty Bowls will be held at the Sandburg Learning Center on March 21, 2013 at 4 pm.
The Caring Youth Awards will be held on March 21, 2013 at 7 pm at the Minnetonka
Community Center.
The State of the City will be held on March 22, 2013 at 7:30 am at City Hall.
The next City Council meeting will be held on Wednesday, April 3, 2013 at 6:30 pm.
The Council will hold Board/Commission interviews on April 9 at 5 pm and April 16 at 5:30 pm.
Mavor and Council Communication
Mayor Harris stated that he and Council Member Clausen will meet to discuss the Envision
Connection Board and will update the Council at the June Council/Manager meeting.
Adiournment
MOVED by Pentel, seconded by Clausen and motion carried unanimously to adjourn the
meeting at 7:40 pm.
C._ I �
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Shepa d M. Harris, Mayor
Regular Meeting of the City Council
March 19, 2013
Page 9
ATTEST:
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Ju Nally dministrati Assistant