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2009.10.20 Meeting MinutesCrystal City Council Meeting minutes October 20, 2009 1889 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, October 20, 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: J. Moore, Hoffmann, Selton, Grimes, Anderson, and Bowman. ABSENT: L. Moore STAFF City Manager A. Norris, City Attorney M. Norton, Assistant City Manager/HR Manager K. Therres, Police Chief J. Banick, Public Works Director/City Engineer T. Mathisen, City Planner/Assistant Community Development Director J. Sutter, Finance Director C. Hansen, and City Clerk J. Lewis. PLEDGE OF ALLEGIANCE Mayor Bowman led the Council and audience in the Pledge of Allegiance. II. ACKNOWLEDGEMENTS The Mayor acknowledged the following donations: a. $100 donation from the Residential Mortgage Group to the Crystal Police Department. b. $200 donation from O'Reilly Auto Parts to the Crystal Police Explorers. c. $1,200 grant from the MN Police Reserve Officer's Association. III. COUNCIL MEETING MINUTES The Council considered the minutes from the following meetings: a. The Regular City Council Meeting from October 6, 2009; b. Two Council Work Sessions from October 6, 2009; and c. The Council Work Session from October 8, 2009. Moved by Council Member Hoffmann and seconded by Council Member Selton to approve the minutes of the following Council Meetings: a. The Regular City Council Meeting from October 6, 2009; b. Two Council Work Sessions from October 6, 2009; and c. The Council Work Session from October 8, 2009. Motion carried. G:C... dfAlm—aoov m1m 20—d.. 1889 Crystal City Council Meeting minutes October 20, 2009 1890 IV, 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 $25,000 submitted by the Finance Director to the City Council, a list that is on file in the office of the Finance Director; 3. Approval of a temporary on -sale liquor license for an event on November 12, 2009 located at 5640 West Broadway submitted by Bass Lake Road Merchants Association; 4. Adoption of Resolution 2009-83 making annual elections for the 2010 Insurance Policy; 5. Adoption of Resolution 2009-84 approving PERF expenditure for the purchase of police equipment to be fully funded by the Justice Assistance Grant; and 6. Approval of a special permit for wine and beer at Bassett Creek Park submitted by William O'Reilly for a bike race sponsored by USA Cycling. Moved by Council Member Grimes and seconded by Council Member Anderson to approve the consent agenda. Motion carried. V. PUBLIC HEARING 1. The Mayor opened a public hearing for the City Council to consider renewal licenses located at 5445 Lakeland Ave N related to currency exchange and pawnbroker, submitted by C -N -P Northwest, Ltd d/b/a Cash -n -Pawn. City Manager A. Norris addressed the Council and answered questions. The Mayor opened the public hearing for testimony. There being no one wishing to appear before the Council to give testimony, Mayor Bowman declared the public hearing closed. G1Cou 6111mn ,2009 min 20-0 d., 1890 Crystal City Council Meeting minutes October 20, 2009 1891 V. Public Hearings continued Moved by Mayor Bowman and seconded by Council Member Selton to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2009 - 84 RELATING TO APPLICATION FOR A CURRENCY EXCHANGE LICENSE AT 5445 LAKELAND AVE N Voting aye: J. Moore, Hoffmann, Selton, Grimes, Anderson, and Bowman. Absent, not voting: L. Moore. Motion carried, resolution declared adopted. Moved by Mayor Bowman and seconded by Council Member Hoffmann to approve the pawnbroker renewal license for 2010 submitted by C -N -P Northwest, Ltd d/b/a Cash -N- Pawn located at 5445 Lakeland Ave N. Voting aye: J. Moore, Hoffmann, Selton, Grimes, Anderson, and Bowman. Absent, not voting: L. Moore. Motion carried. 2. The Mayor opened a public hearing for the City Council to consider for an Assessment Roll for Phase 10 Welcome Park Neighborhood Street Reconstruction, Driveway Replacement, and Sanitary Sewer Repair Project. Public Works Director/City Engineer T. Mathisen addressed the Council and answered questions. The Mayor opened the public hearing for testimony. The following persons addressed the Council: • Kathy Scheer, 4515 Welcome Ave N • Derek Walsh, 4320 Welcome Ave N • Cheri Schwalbe, 6106 — 47th Ave N There being no one else wishing to appear before the Council to give testimony, Mayor Bowman declared the public hearing closed. G:1CauncilAf uka]009mmIM"9.d.. 1891 Crystal City Council Meeting minutes October 20, 2009 1892 V. Public Hearings continued Moved by Mayor Bowman and seconded by Council Member Grimes to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2009 - 85 APPROVING AN ASSESSMENT FOR PHASE 10 WELCOME PARK STREET RECONSTRUCTION AND DRIVEWAY & SEWER SERVICE REPAIR Voting aye: J. Moore, Hoffmann, Selton, Grimes, Anderson, and Bowman. Absent, not voting: L. Moore. Motion carried, resolution declared adopted. 3. The Mayor opened a public hearing for the City Council to consider a Water Supply, Emergency & Conservation Plan. Public Works Director/City Engineer T. Mathisen addressed the Council and answered questions. The Mayor opened the public hearing for testimony. There being no one wishing to appear before the Council to give testimony, Mayor Bowman declared the public hearing closed. Moved by Mayor Bowman and seconded by Council Member Anderson to approve the Water Supply, Emergency & Conservation Plan. Voting aye: J. Moore, Hoffmann, Selton, Grimes, Anderson, and Bowman. Absent, not voting: L. Moore. Motion carried. 4. The Mayor opened a public hearing for the City Council to consider an Assessment Roll for Year 2009 Delinquent Accounts. Finance Director C. Hansen addressed the Council and answered questions. The following written appeals were received by the Council: • Renay Dossman, 5640 Nevada Ave N (R & B Management II LLC) • Nathan Peterson, 5313 Kentucky Ave c:�cow�aA�mmo.zoov, 1a2M d., 1892 Crystal City Council Meeting minutes October 20, 2009 1893 V. Public Hearings continued The Mayor opened the public hearing for testimony. The following persons addressed the Council: • Ben Dossman, 5640 Nevada Ave • Nathan Peterson, 5313. Kentucky Ave There being no one else wishing to appear before the Council to give testimony, Mayor Bowman declared the public hearing closed. APPEALS Moved by Mayor Bowman and seconded by Council Member J. Moore to deny the appeal for property located at 5640 Nevada Ave and include it on the Assessment Roll with the staff reporting back at the next council meeting. Voting aye: J. Moore, Hoffmann, Selton, Grimes, Anderson, and Bowman. Absent, not voting: L. Moore. Motion carried. Moved by Mayor Bowman and seconded by Council Member J. Moore to deny the appeal for property located at 5313 Kentucky Ave and include it on the Assessment Roll with the staff reporting back at the next council meeting. Voting aye: J. Moore, Hoffmann, Selton, Grimes, Anderson, and Bowman. Absent, not voting: L. Moore. Motion carried. Moved by Mayor Bowman and seconded by Council Member Selton to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2009 - 86 ADOPTING AN ASSESSMENT ROLL FOR YEAR 2009 DELINQUENT ACCOUNTS Voting aye: J. Moore, Hoffmann, Selton, Grimes, Anderson, and Bowman. Absent, not voting: L. Moore. Motion carried, resolution declared adopted. 1 U2 -9.d- 1893 Crystal City Council Meeting minutes October 20, 2009 1894 VI. OPEN FORUM • Frank Weber, 3825 Brunswick Ave N, addressed the Council about his concerns and opposition concerning telecommunication towers in the City. VII. REGULAR AGENDA 1. The Council considered a request for a sign variance at 4701 36th Avenue North to allow off -premises advertising for Advancements in Dermatology (4725 36th) City Planner/Assistant Community Development Director J. Sutter addressed the Council and answered questions. Moved by Mayor Bowman and seconded by Council Member Selton to approve the variance to allow part of an existing freestanding sign at 4701 — 36th Ave N to be used by a business at 4725 — 36th Ave N, as recommended by the Planning Commission at its meeting on October 12, 2009, based on the findings of fact outlined in Section B of the Staff Report, and subject to the conditions of approval outlined in Section C of the Staff Report. Voting aye: J. Moore, Hoffmann, Selton, Grimes, Anderson, and Bowman. Absent, not voting: L. Moore. Motion carried. 2. The Council considered a conditional use permit for part of the building at 5400 Douglas Drive North to be used by an institutional use in the 1-1 district (Conquerors Christian Center to receive a new address on Hanson Court). City Planner/Assistant Community Development Director J. Sutter addressed the Council and answered questions. Moved by Council Member Selton and seconded by Council Member Anderson to approve the Conditional Use Permit for an institutional use in the 1-1 district at 5400 Douglas Drive N, as recommended by the Planning Commission at its meeting on October 12, 2009, based on the findings of fact, and subject to the conditions of approval outlined in Section C of the Staff Report. Voting aye: J. Moore, Hoffmann, Selton, Grimes, Anderson, and Bowman. Absent, not voting: L. Moore. Motion carried. G:\CowcilAfinume3009min I MM9.d- 1894 Crystal City Council Meeting minutes October 20, 2009 1895 VII. REGULAR AGENDA CONTINUED 3. The Council considered the 2010 West Metro Fire -Relief District budget. City Manager A. Norris addressed the Council and answered questions. Moved by Council Member Hoffmann and seconded by Mayor Bowman to approve the 2010 West Metro Fire -Relief District Budget with the following conditions: The Fire Board officially accepts the Fire Chief's 2008 performance evaluation within 30 days, and the Fire Chief's 2009 performance evaluation must be completed by 12/31/09. Voting aye: J. Moore, Hoffmann, Selton, Grimes, Anderson, and Bowman. Absent, not voting: L. Moore. Motion carried. 4. The Council considered the Second Reading of an ordinance and its summary ordinance for publication relating to Ward boundaries in the City; amending Section 205 of the Crystal City Code. City Clerk J. Lewis addressed the Council and answered questions Moved by Mayor Bowman and seconded by Council Member Grimes to adopt the following ordinance and its corresponding summary ordinance for publication: ORDINANCE NO. 2009 - 05 RELATING TO WARDS IN THE CITY; REPEALING CITY CODE SUBSECTION 205.01; AND ADDING A NEW SUBSECTION And further, that this is the second and final reading. Voting aye: J. Moore, Hoffmann, Selton, Grimes, Anderson, and Bowman. Absent, not voting: L. Moore. Motion carried. 0 1895 Crystal City Council Meeting minutes October 20, 2009 1896 V11. REGULAR AGENDA CONTINUED 5. The Council considered a resolution approving abatement of taxes for North suburban Emergency Assistance Response (N.E.A.R.) located at 5209 West Broadway. City Manager A. Norris addressed the Council and answered questions. Moved by Mayor Bowman and seconded by Council Member Selton to adopt the following resolution with the full tax abatement, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2009 - 87 APPROVING TOTAL ABATEMENT OF TAXES FOR NORTH SUBURBAN EMERGENCY ASSISTANCE RESPONSE (N.E.A.R.) LOCATED AT 5209 WEST BROADWAY By roll call and voting aye: Anderson, Bowman, Grimes, Selton, and J. Moore. Voting nay: Hoffmann. Absent, not voting: L. Moore. Motion carried, resolution declared adopted. 6. The Council considered amending its regular meeting schedule on November 3, 2009 due to the School Board Election the same day. Moved by Mayor Bowman and seconded by Council Member Selton to amend its meeting schedule for the School Board Election by changing the meeting start time from 7:00 p.m. to 8:00 p.m. on Tuesday, November 3, 2009. Voting aye: J. Moore, Hoffmann, Selton, Grimes, Anderson, and Bowman. Absent, not voting: L. Moore. Motion carried. 7. The City Council considered a resolution amending the 2009 General Fund Budget to provide for a temporary building inspector. City Manager A. Norris addressed the Council and answered questions. Moved by Mayor Bowman and seconded by Council Member J. Moore to adopt the following resolution, the reading of which was dispensed with by unanimous consent: 09CauncilMinNn1009min1620-09.d., 1896 Crystal City Council Meeting minutes October 20, 2009 1897 VII. REGULAR AGENDA CONTINUED RESOLUTION NO. 2009 - 88 AMENDING THE 2009 GENERAL FUND BUDGET TO PROVIDE FOR A TEMPORARY BUILDING INSPECTOR Voting aye: J. Moore, Hoffmann, Selton, Grimes, Anderson, and Bowman. Absent, not voting: L. Moore. Motion carried, resolution declared adopted. 8. The Council considered a resolution adopting the Final Fee Schedule for 2010 Utility Billing Rates and Charges. Finance Director C. Hansen addressed the Council and answered questions. Moved by Mayor Bowman and seconded by Council Member Selton to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2009 - 89 ADOPTING THE FINAL FEE SCHEDULE FOR 2010 UTILITY BILLING RATES AND CHARGES Voting aye: J. Moore, Hoffmann, Selton, Grimes, Anderson, and Bowman. Absent, not voting: L. Moore. Motion carried, resolution declared adopted. VIII. INFORMAL DISCUSSION AND ANNOUNCEMENTS The Mayor announced the following: a) The next City Council Meeting is at 8:00 p.m. on Tuesday, November 3 in the Council Chambers at City Hall. b) The City Council will conduct a work session at 6:30 p.m. on Thursday, November 12 in the Council Chambers to view a Virtual Tour of Crystal's development, redevelopment, projects, and park improvements in 2009. c) Remember to vote in the School Board Election on November 3; voting hours open at 7:00 a.m. and close at 8:00 p.m. G\Cowcil\(m-200 mI62M9.d,, 1897 Crystal City Council Meeting minutes October 20, 2009 1898 IX. ADJOURNMENT Moved by Council Member Selton and seconded by Council Member J. Moore to adjourn the meeting. Motion carried. The meeting adjourned at 8:25 p.m. ReNae J. Bo an, Mayor ATTEST: Ja t Lewis, City Clerk G:%C..0Xfinum 2W7.m10.40-09.d- 1898