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2009.04.21 Meeting MinutesRegular City Council Meeting minutes April 21, 2009 1792 CALL TO ORDER ROLL CALL, AND PLEDGE OF ALLEGIANCE Pursuant to due call and notice thereof, the Regular Meeting of the Crystal City Council was held on Tuesday, April 21, 2009 at 7:00 p.m., in the Council Chambers at 4141 Douglas Drive in Crystal Minnesota. Mayor ReNae Bowman called the meeting to order. Upon roll call, the city clerk recorded the following attendance: COUNCIL Hoffmann, Anderson, L. Moore, Grimes, Selton, J. Moore, and Bowman STAFF City Manager A. Norris, City Attorney M. Norton, Police Chief J. Banick, Public Works Director/City Engineer T. Mathisen, Community Development Director P. Peters, Assistant Community Development Director/City Planner J. Sutter, and City Clerk J. Lewis. Mayor Bowman led the Council and audience in the Pledge of Allegiance. II. COUNCIL MEETING MINUTES The Council considered the minutes from the following meetings: • Regular City Council Meeting from April 7, 2009; and • Three Council Work Sessions from April 7, 2009. Moved by Council Member Grimes and seconded by Council Member L. Moore to approve the minutes of the following Council Meetings, in a single motion: • Regular City Council Meeting from April 7, 2009; and • Three Council Work Sessions from April 7, 2009. Motion carried. III. CONSENT AGENDA The Council considered the following items, which are routine and non -controversial in nature, in a single motion: Approval of the list of license applications submitted by the City Clerk to the City Council, a list that is on file in the office of the City Clerk; 2. Approval of disbursements over $15,000 submitted by the Finance Director to the City Council, a list that is on file in the office of the Finance Director; and 3. Approval of the 2009 Street Striping Maintenance Project #2009-02 to Century Fence Co. Moved by Council Member Hoffmann and seconded by Council Member Anderson to approve the consent agenda. Motion carried. WCouncil\Iinules1009min4E"9.d.. 1792 Regular City Council Meeting minutes April 21, 2009 1793 IV. PUBLIC HEARINGS 1. Mayor Bowman declared this was the date and time advertised for a public hearing at which time the City Council received public comment for the construction of Twin Oak Pond Project #2007-20. Public Works Director/City Engineer T. Mathisen addressed the Council. Mayor Bowman opened the public hearing for testimony. There being no one wishing to appear before the Council to give testimony, the Mayor declared the public hearing closed. No Council action was necessary. 2. Mayor Bowman declared this was the date and time advertised for a public hearing at which time the City Council received public comment for the Phase 10 Welcome Park Street Project #2008-10 Assessment Roll Public Works Director/City Engineer T. Mathisen addressed the Council and answered questions. Aaron Ditzler, of SEH Consulting Group, presented to the Council and audience. Mayor Bowman opened the public hearing for testimony. Written testimony submitted with objections to the project: • Edward Johnson, 4355 Xenia Ave N • Carolyn Cooper, 4641 Xenia Ave N • Lori Ulick, 4701 Welcome Ave N • Marie Lehn, 4319 Welcome Ave N • Angela Zegar, 4251 Xenia Ave N • Densie Zechmann, 4623 Colorado Ave N • Robert and Jane Casper, 4630 Colorado Ave N The following persons addressed the Council in-person: • Paul Amundson, 4542 Zane Ave N, objected to the project • Rebekah Archer, 4401 Brunswick Ave N, objected to the project • Monty Carlson, 4761 Adair Ave N, objected to the project • Carolyn Cooper, 4641 Xenia Ave N, objected to the project • Tony Edmunds, 4265 Vera Cruz Ave N, objected to the project • Amy Eggersgluess, 4856 Yates Ave N, objected to the project • Wayne Jacobsen, 6115 — 45th Ave N, objected to the project • Kristi Pingel, 4367 Colorado Ave N, objected to the project • Wallace Roles, 6112 — 47th Ave N, objected to the project • Denise Zechmann, 4623 Colorado Ave, objected to the project WC..nail\linules]009min0.3 I-0 A., 1793 Regular City Council Meeting minutes April 21, 2009 1794 IV. PUBLIC HEARINGS CONTINUED • Jim McGuire, 4601 Xenia Ave N, objected to the project • Chuck Tostenson, 4371 Brunswick Ave N, favored the project • Joel Van Risseghem, 4500 Brunswick Ave N, objected to the project There being no one else wishing to appear before the Council to give testimony, the Mayor declared the public hearing closed. Moved by Council Member L. Moore and seconded by Council Member Hoffmann to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2009 - 31 ADOPTING ASSESSMENT ROLL FOR PROJECT #2008-10, PHASE 10 WELCOME PARK NEIGHBORHOOD STREET RECONSTRUCTION By roll call and voting aye: Bowman, Grimes, Hoffmann, J. Moore, L. Moore and Anderson; voting nay: Selton. Motion carried, resolution declared adopted. V. OPEN FORUM No public comment was given during open forum. VI. REGULAR AGENDA 1. The Council considered civil penalties for the violation of ordinances and laws relating to the illegal sale of alcohol to underage persons by the following license holders: Red Dragon Liquors, 5924 West Broadway, Crystal Wine & Spirits, 4920 West Broadway, and Doyle's Bowling & Lounge, 5000 West Broadway. Red Dragon Liquors 5924 West Broadway Red Dragon Liquors owner Santokh Bir Singh submitted a letter admitting the violation. Moved by Council Member Grimes and seconded by Council Member Anderson to impose the following penalties: 1 -day license suspension to begin on a Thursday with the city clerk determining the suspension date; and a $750 civil fine due and payable to the City by 4:30 pm, Thursday, May 7, 2009 and failure to submit payment shall result in immediate license revocation until the fine is paid in full, for Red Dragon Liquors located at 5924 West Broadway. Voting aye: Bowman, Selton, Anderson, Hoffmann, J. Moore, Grimes, and L. Moore. Motion carried. 0. C....Mi.m s]0 Muni 21A9.d., 1794 Regular City Council Meeting minutes April 21, 2009 1795 VI. REGULAR AGENDA CONTINUED Crystal Wine & Spirits 4920 West Broadway Crystal Wine & Spirits Owner Xia Yang submitted a letter admitting the violation. Moved by Council Member Hoffmann and seconded by Council Member Grimes to impose the following penalties: 1 -day license suspension to begin on a Thursday with the city clerk determining the suspension date; and a $750 civil fine due and payable to the City by 4:30 pm, Thursday, May 7, 2009 and failure to submit payment shall result in immediate license revocation until the fine is paid in full, for Crystal Wine & Spirits located at 4920 West Broadway. Voting aye: Bowman, Selton, Anderson, Hoffmann, J. Moore, Grimes, and L. Moore. Motion carried. Doyle's Bowling & Lounge 4900 West Broadway Owner Rita Gardner admitted the violation before the Council. Moved by Council Member L. Moore and seconded by Council Member Anderson to impose the following penalties: 1 -day license suspension to begin on a Thursday with the city clerk determining the suspension date; and a $750 civil fine due and payable to the City by 4:30 pm, Thursday, May 7, 2009 and failure to submit payment shall result in immediate license revocation until the fine is paid in full, for Doyle's Bowling & Lounge located at 4900 West Broadway. Voting aye: Bowman, Selton, Anderson, Hoffmann, J. Moore, Grimes, and L. Moore. Motion carried. 2. The Council considered the First Reading of an ordinance relating to vacant building registration. Community Development Director P. Peters addressed the Council and answered questions. Moved by Council Member Anderson and seconded by Council Member Grimes to adopt the following ordinance: ORDINANCE NO. 2009 - RELATING TO REGISTRATION AND REGULATION OF VACANT BUILDINGS AMENDING CITY CODE CHAPTER 400 And further, that the second reading be held on May 5, 2009. Voting aye: Bowman, Selton, Anderson, Hoffmann, J. Moore, Grimes, and L. Moore. Motion carried. GICounciMlinmce2Uo9min42109.Joc 1795 Regular City Council Meeting minutes April 21, 2009 1796 VI. REGULAR AGENDA CONTINUED 3. The Council considered a sign variance at 7700 — 36th Ave N (Winnetka Village apartments). Assistant Community Development Director/City Planner J. Sutter addressed the Council and answered questions. Manager of Heritage Winnetka Village Apartments (Lindsey) addressed the Council. Moved by Council Member L. Moore and seconded by Council Member Anderson to deny the sign variance at 7700 — 36th Ave N, as recommended by the Planning Commission at its meeting on April 13, 2009, and based on the findings of fact outlined in Section B of the Staff Report. By roll call and voting aye: Grimes, Hoffmann, Selton, J. Moore, L. Moore, and Anderson; voting nay: Bowman. Motion carried. 4. The Council considered two resolutions relating to the Phase 10 Street Reconstruction Project #2008-10; A) approving a contract for Materials Testing Laboratory and B) awarding contract for Project #2008-10 Phase 10 Welcome Park Neighborhood Street Reconstruction. Public Works Director/City Engineer T. Mathisen addressed the Council and answered questions. Moved by Council Member L. Moore and seconded by Council Member Selton to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2009 - 32 APPROVING CONTRACT FOR PHASE 10 PROJECT #2008-10, MATERIALS TESTING LABORATORY Voting aye: Bowman, Selton, Anderson, Hoffmann, J. Moore, Grimes, and L. Moore. Motion carried, resolution declared adopted. G9CouncilAfinma3009min421n9.doc 1796 Regular City Council Meeting minutes April 21, 2009 1797 VI. REGULAR AGENDA CONTINUED Moved by Council Member L. Moore and seconded by Council Member Grimes to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2009 - 33 AWARDNG CONTRACT FOR PROJECT #2008-10, PHASE 10 WELCOME PARK NEIGHBORHOOD STREET RECONSTRUCTION Voting aye: Bowman, Selton, Anderson, Hoffmann, J. Moore, Grimes, and L. Moore. Motion carried, resolution declared adopted. 5. The Council considered 2009 Alley Project Feasibility Report and ordering a public hearing for Project #2009-06. Public Works Director/City Engineer T. Mathisen addressed the Council and answered questions. Moved by Council Member Grimes and seconded by Council Member L. Moore to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2009 - 34 RECEIVING THE 2009 ALLEY CONSTRUCTION FEASIBILITY REPORT AND ORDERING THE HEARING ON IMPROVEMENT PROJECT #2009-06 Voting aye: Bowman, Selton, Anderson, Hoffmann, J. Moore, Grimes, and L. Moore. Motion carried, resolution declared adopted. -C-601m-a-0 in 2I-A.o 1797 Regular City Council Meeting minutes April 21, 2009 1798 VI. REGULAR AGENDA CONTINUED 6. The Council considered ordering a public hearing on proposed amendments to Sections 2.04 and 6.05 of the Home Rule City Charter. City Manager Anne Norris addressed the Council and answered questions. Moved by Council Member Hoffmann and seconded by Council Member L. Moore to order a public hearing on May 19, 2009 to consider proposed amendments to Sections 2.04 and 6.05 of the Home Rule City Charter. Voting aye: Bowman, Selton, Anderson, Hoffmann, J. Moore, Grimes, and L. Moore. Motion carried. VII. INFORMAL DISCUSSION AND ANNOUNCEMENTS a) The next City Council Meeting will be at 7:00 p.m. on May 5 in the Council Chambers at City Hall. b) The Great Shingle Creek Watershed Clean -Up is on Saturday, April 25 at 9:30 a.m. Participants can meet at Vera Cruz and 52nd Ave on the east side of County Road 81. Call the Recreation Department with any questions at 763-531- 1158. VIII. ADJOURNMENT Moved by Council Member L. Moore and seconded by Council Member J. Moore to adjourn the meeting. Motion carried. The meeting adjourned at 9:36 p.m. ATTEST: Jane ewis, City Clerk G:\CouncM in ,,200 mm 2"9.d- 1798