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2009.11.17 Meeting MinutesCrystal City Council Regular Meeting minutes November 17, 2009 1906 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, November 17, 2009 at 7:01 p.m., in the Council Chambers, 4141 Douglas Drive, Crystal, Minnesota. Mayor Bowman called the meeting to order. ROLL CALL Mayor Bowman asked the secretary to call the roll for elected officials. Upon roll call, the city clerk recorded the following attendance: COUNCIL L. Moore, J. Moore, Selton, Hoffmann, Grimes, Anderson, and Bowman. STAFF: Assistant City Manager/HR Manager K. Therres, City Attorney M. Norton, Police Chief J. Banick, City Planner/Assistant Community Development Director J. Sutter, Public Works Director/City Engineer T. Mathisen, and City Clerk J. Lewis. PLEDGE OF ALLEGIANCE Mayor Bowman led the Council and audience in the Pledge of Allegiance. II. COUNCIL MEETING MINUTES The Council considered the minutes from the Regular City Council Meeting from November 17, 2009. Moved by Council Member Grimes and seconded by Council Member L. Moore to approve the minutes of the Regular City Council Meeting from November 17, 2009. Motion carried. III. CONSENT AGENDA The Council considered the following items, which are routine and non -controversial in nature, in a single motion: 1. 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. Adoption of Resolution 2009-91 authorizing the execution of Operation Night Cap Traffic Enforcement Grant Agreement with the Minnesota Department of Public Safety; and 4. Approval of an agreement for environmental health services with the City of Brooklyn Park effective 2010. GIC ... MAlinm 009.m1119 -d- 1906 Crystal City Council Regular Meeting minutes November 17, 2009 1907 III. CONSENT AGENDA CONTINUED Moved by Council Member Hoffmann and seconded by Council Member Anderson to approve the consent agenda. Motion carried. IV. OPEN FORUM The following persons addressed the Council during open forum: • Frank Weber cited health concerns relating to microwave radiation and telecommunication towers and asked the Council to consider a safer ordinance regulating telecommunication towers in the city. • Latoya Speed reported her concerns about the conduct of the caretaker at Virginia Court Apartments. • Tiffany Riley reported her concerns about the conduct of the caretaker at Virginia Court Apartments. • Misty Clark reported her concerns about the conduct of tenants at Virginia Court Apartments. • April Anderson reported her concerns at Virginia Court Apartments regarding treatment of mentally and/or physically handicapped tenants, the conduct of the caretaker, and non -responsiveness of the management. V. REGULAR AGENDA 1. The Council considered the appointment of Bridget Root as a member of the Planning Commission representing Ward 2 for a three-year term expiring December 31, 2012. Ms. Root addressed the Council. Moved by Mayor Bowman and seconded by Council Member Selton to approve the appointment of Bridget Root to the Planning Commission representing Ward 2 for a three-year term expiring December 31, 2012. Voting aye: Bowman, Grimes, L. Moore, Selton, Anderson, Hoffmann, and J. Moore. Motion carried. 2. The Council considered revised site and building plans including setback variances for major remodeling of the Crystal Gallery (5502 West Broadway). City Planner J Sutter addressed the Council and answered questions. 0:'Conncil)Iinums2009min 11-1909.d- 1907 Crystal City Council Regular Meeting minutes November 17, 2009 1908 V. Regular Agenda #2 continued The following persons addressed the Council: • Joel Salsberg, Thriftway Foods, opposed the project • Dave Piersiak, Thriftway Foods, opposed the project • Terry Moses, Aldi Broker, in favor of the project • Greg Hayes, Midwest Management, in favor of the project Moved by Council Member Selton and seconded by Council Member Grimes to deny the site and building plans submitted for the October 12, 2009 Planning Commission Meeting, as recommended by the Planning Commission at its meeting on November 9, 2009, and based on the findings of fact outlined in the Staff Report. Voting aye: Bowman, Grimes, L. Moore, Selton, Anderson, Hoffmann, and J. Moore. Motion carried. Moved by Council Member Selton and seconded by Council Member Hoffmann to approve the following in one motion: • Variance #1 to reduce the setback from the north and east lot lines from 30 feet to 22 feet for property located at 5502 West Broadway, as recommended by the Planning Commission at its meeting on November 9, 2009, and based on the findings of fact outlined in Section C(1) of the Staff Report; • Variance #2 to further reduce the setback from the east lot line to 10 feet only to the extent required for the loading dock proposed in this submittal for property located at 5502 West Broadway, as recommended by the Planning Commission at its meeting on November 9, 2009, and based on the respective findings of fact outlined in Section C(2) of the Staff Report; • Revised site and building plans for property located at 5502 West Broadway, subject to the Conditions of Approval outlined in Section D(2)(B)(3) of the staff report, as recommended by the Planning Commission at its meeting on November 9, 2009, with an additional condition included to address safety concerns and a fire lane on Sherburne during the Crystal Frolics. Council discussed the motion and no vote was taken. Moved by Council Member Anderson and seconded by Council Member Hoffmann to postpone the decision until December 1, 2009 pending feedback from the Crystal Frolics Committee regarding the footprint for the carnival and fire lane for Sherburne Ave. Voting aye: Bowman, Grimes, L. Moore, Selton, Anderson, Hoffmann, and J. Moore. Motion carried. G:`CouncilMi.-,2009min11-1)-09.Joc 1908 Crystal City Council Regular Meeting minutes November 17, 2009 1909 V. Regular Agenda continued 3. The Council considered a resolution approving parking restrictions on a portion of Lakeland Ave. City Engineer T. Mathisen addressed the Council and answered questions. Moved by Council Member Hoffmann and seconded by Council Member J. Moore to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2009 - 92 APPROVING PARKING RESTRICTIONS ON A PORTION OF LAKELAND AVE Voting aye: Bowman, Grimes, L. Moore, Selton, Anderson, Hoffmann, and J. Moore. Motion carried, resolution declared adopted. VI. INFORMAL DISCUSSION AND ANNOUNCEMENTS a. The Mayor thanked city staff for the Virtual Bus Tour presentation on November 12, 2009 and inquired when it would be put on the city website. b. The Mayor announced that the next City Council Meeting will be held at 7:00 p.m. on Tuesday, December 1st in the Council Chambers at City Hall. c. Council Member Hoffmann discussed the upcoming Truth in Taxation hearing and proposed tax levy with the suggestion to lower the levy. VII. ADJOURNMENT Moved by Council Member Selton and seconded by Mayor Bowman to adjourn the meeting. Motion carried. The meeting adjourned at 8:27 p.m. ATTEST: Janet wis, City Clerk G 1C..,,61.2% i. -,200 -in 11.17 d- 1909