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08-03-93 CC Minutes unsigned Regular P1eeting of the City Council August 3, 1993 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 August 3, 1993 at 6:30 PM. The following members were present: Bakken, Johnson, Russell , Stockman and Thor�pson. Also present were: William Joynes, City Manager; Fred Salsbury, Director of Public Works; Allen Barnard, City Attorney; and Judy Nally, Administrative Secretary. Approval of Minutes: City Council Meetin - June 15, 1993 MOVED by Stockman, seconded by Thompson and motion carried unanimously to receive and file the City Council Meeting minutes of June 15, 1993 as submitted. Approval of Agenda MOVED by Stockman, seconded by Johnson and motion carried unanimously to approve the agenda of August 3, 1993 as amended: Addition of Communications and Petitions - Letter from Allen Anderson, 3115 Kyle Avenue North Regarding Utility Bills and Letter from State Representative Ann Rest Regarding Legislative Session. Approval of Consent Agenda MOVED by Thompson, seconded by RusselT and motion carried unanimously to approve the items on the consent agenda, indicated by an asterisk (*). *Bills and Claims MOVED by Thompson, seconded by Russell and motion carried unanimously to authorize payment of the bills as submitted. *Licenses MOVED by Thompson, seconded by Russell and motion carried unanimously to authorize the issuance of licenses #14854 and #6506 - #6508. *Peddler's License - Armstrong Wrestling *MOVED by Thompson, seconded by Russell and motion carried unanimously to authorize the peddler's license for Armstrong Wrestling. *Minutes of Boards and Commissions MOVED by Thompson, seconded by Russell and motion carried unanimously to receive and file the minutes received as follows: Building Board of Review - July 19, 1993 Joint Water Commission - June 29, 1993 Board of Zoning Appeals - July 13, 1993 Regular Meeting of the City Council August 3, 1993 Page 2 Public Hearing - RSL 204 - Plymouth Avenue at Florida Avenue North Fred Salsbury introduced the agenda item. The f�ayor 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. t�ember Russell introduced the following resolution and moved its adoption: RESOLUTION 93-59 RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS RSL 204 (PLYMOUTH AVENUE AT FLORIDA AVENUE NORTH) The motion for the adoption of the foregoing resolution was seconded by Member Stockman and upon a vote being taken thereon, the following voted in favor thereof: Bakken, Johnson, Russell , Stockman and Thompson; 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. Public Hearin - Preliminar Desi n Plan Amendment A roval and First and Second onsi eration - rd�nance # - enera an mendment rova - - em i wor d ition - mendment Fred Salsbury introduced the agenda item. William Joynes reviewed the process for consideration of the amendment. Roy Wirth, applicant, reviewed his request and answered questions from the Council . Rick Groger, Planning Commissioner, stated the Commission recommended approval of the amendment. The P�ayor 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 Stockman, seconded by Thompson and motion carried unanimously to approve the preliminary design plan amendment for PUD #44, Pem Millwork Addition, Amendment #3. The following ordinance was MOVED by Johnson, seconded by Thompson: ORDINANCE #105, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amendment #3 to the General Plan of Development for PUD #44 Pem Millwork Addition, Roy Wirth (Paragon Moving and Storage) , Applicant The t�ayor 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. Regular Meeting of the City Council August 3, 1993 Page 3 Public Hearin - Preliminar Desi n Plan Amendment A roval and First and Second onsi eration - r inance # - enera an mendment pprova - - Pem Mi worc ddition - mendment #3 - ontinued MOUED by Thompson, seconded by Johnson and motion carried unanimously to adopt Ordinance #105, 2nd Series. Upon a roll call vote, the vote was as follows: BAKKEN - YES JOHNSON - YES RUSSELL - YES STOCKMAN - YES THOMPSON - YES t40VED by Stockman, seconded by Thompson and motion carried unanimously to suspend the rules and hold first and second consideration of the ordinance, because its a minor a�endment and a non-controversial item. The following ordinance was P10VED by Thompson, seconded by Stockman: OROINANCE #105, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amendment #3 to the General Plan of Development for PUD #44 Pem Millwork Addition, Roy Wirth (Paragon Moving and Storage), Applicant 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 Stockman, seconded by Thompson and motion carried unanimously to adopt Ordinance #105, 2nd Series. Upon a roll call vote, the vote was as follows: BAKKEN - YES JOHNSON - YES RUSSELL - YES STOCKP4AN - YES THOMPSON - YES MOVED by Thompson, seconded by Johnson and motion carried unanimously to authorize the Mayor and City Manager to sign the PUD Permit for PUD #44, Pem Millwork Addition, Amendment #3. *Letter and Phone P�essage from P4rs. Ellington Re ardin Deer MOVED by Thompson, seconded by Russell and motion carried unanimously to receive and file the letter, dated July 21, 1993 and phone message, dated July 27, 1993 regarding deer. *Letter from Bill Hegdahl Regarding Minneapolis Boom Box Law MOVED by Thompson, seconded by Russell and motion carried unanimously to receive and file the letter from Bill Hegdahl , dated July 23, 1993 regarding the City of Minneapolis boom box law. *West Suburban Plediation Center Second Quarter Activity Report MOVED by Thompson, seconded by Russell and motion carried unanimously to receive and file the West Suburban Mediation Center Second Quarter Activity Report, dated July 19, 1993. Regular P1eeting of the City Council August 3, 1993 Page 4 Letter from Allen Anderson, 3115 Kyle Avenue North Regardin Utilit Bills Council Member Stockman received a letter from Allen Anderson regarding the utility billing process and requested staff to respond to the letter and copy the Council . Letter from State Representative Ann Rest Regardin Leqislative Session William Joynes stated that Representative Rest is scheduled to attend the August 10, 1993 Council/Manager meeting to update the Council on the past legislative session. *Approval of Requests for Beer and/or Wine at Brookview Park MOVED by Thompson, seconded by Russell and rootion carried unanimously to approve the requests for beer and/or wine at Brookview Park as recommended by staff. Staff Report - Deer Control William Joynes reviewed the history regarding the deer population within the City and the options available as outlined in the memo prepared by staff. The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Phillip Smith, 717 Westwood Drive South, stated he has had plants eaten, feels the deer have lost the fear of people, they don 't belong in neighborhoods and hope the Council does something to control the deer. Dave Johnson, 220 Cutacross Road, stated he is still loosing plants and bushes, and would the Council to make a proposal to eliminate the deer now. Mark Hendrickson, 4945 Winsdale Street, urged the Council to not rush into a decision and join with other cities that are looking into issues of deer management, and is opposed to the shooting of deer. Art Flannagan, 316 Meander Road, has had damage through the years and finds it impossible to grow vegtables, stated the deer didn 't become a problem until the 80's and would like to get rid of some of the deer in their neighborhood. Nancy Whitney, 4520 Strawberry Lane, she has fed the deer and hasn 't lost alot of shrubs, feels it 's not the deers fault as they see plants and shrubs as food, and is opposed to shooting the deer. Alfred Anderegg, 117 Westwood Drive South, feels the deer should be reduced, that other alternatives are available i.e. fencing, and is concerned over deer/car accidents. Susan Fredsall , 4521 Strawberry Lane, feels it is inhumane to destroy the deer, that they are a part of natural eco-system and feel the number of deer has decreased in her neighborhood. Regular t•1eeting of the City Council August 3, 1993 Page 5 Staff Report - Deer Control - Continued Jerry Thrall , 116 Meander Road, has given up planting a vegtable garden and flowers, stated he has a friend who has property and he would be willing to take the deer if they were moved, feels residential areas don 't have the habitat to support the deer population. The Mayor closed the public hearing. MOVED by Thompson, seconded by Russell and motion carried unanimously to call for an informal public hearing to consider a deer management plan for October 5, 1993. *Authorize the Ac uisition of Pro ert for Street Ri ht-of-Wa and Construction asements or innet a venue rom aro d venue o r a rive Member Thompson introduced the following resolution and moved its adoption: RESOLUTION 93-60 RESOLUTION AUTHORIZING THE ACQUISITION BY PURCHASE OR CONDEMNATION OF CERTAIN REAL PROPERTY FOR STREET RIGHT-OF-WAY AND CONS7RUCTION EASEMENTS FOR IMPROVEMENTS TO WINNETKA AVENUE FROM HAROLD AVENUE TO ORKLA DRIVE The motion for the adoption of the foregoing resolution was seconded by Member Russell and upon a vote being taken thereon, the following voted in favor thereof: Bakken, Johnson, Russell , Stockman and Thompson; 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. *Bids - Tennis Court Resurfacinq at Wesley and Brookvew Parks MOVED by Thompson, seconded by Russell and motion carried unanimously to award the bid for resurfacing the tennis courts at Wesley and Brookview Park from the lowest responsible bidder, Carlson-Lavine Inc. for $29,818.00. The bids were as follows: Carlson-Lavine Inc. $29,818.00 Finley Bros. Ent. 31,526.00 Midwest Asphalt 34,400.00 Announcements of Meetin s Mayor Bakken will be in China from August 4 to August 21, 1993 attending a National League of Cities conference. The City will only be providing plaques for five of the cities he will be visiting. The Council congratulated the Fire Department and Women of Today for the success of the Fire Department 50th Anniversary Celebration. The Council will tour the Public Safety building prior to the City Council meeting on September 7, 1993. Regular Meeting of the City Council August 3, 1993 Page 6 t�ayor's Communications Mayor Bakken received a letter from Richard Sweet, 205 P�eadow Lane, regarding city services and requested staff to respond to the letter. *Proclamation for Dau hters of the American Revolution MOVED by Thompson, seconded by Russell and motion carried unanimously to proclaim September 17 - 23, 1993 as Constitution Week. R�istration for NLC Congress of Cities and Exposition - 12/2 12/5/93 Council Members Bakken, Russell , Stockman and Thompson plan on attending the NLC Congress of Cities and Exposition which will be held December 2 - December 5, 1993 in Orlando, Florida. Adjournment MOVED by Stockman, seconded by Thompson and motion carried unanimously to adjourn the meeting at 7:50 PM. arry . a en, ayor ATTEST: udy a y, dm�nistrative ecretary