2009.12.01 Meeting MinutesCrystal City Council Regular Meeting minutes December 1, 2009 1910
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, December 1, 2009 at 7:00, in the Council Chambers at
4141 Douglas Drive in Crystal Minnesota. Mayor ReNae 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:
J. Moore, L. Moore, Hoffmann, Selton, Grimes, Anderson, and Bowman.
Staff:
City Manager A. Norris, Assistant City Manager/HR Manager K. Therres, City
Attorney M. Norton, Police Chief J. Banick, Community Development Director P.
Peters, City Planner/Assistant Community Development Director J. Sutter, Public
Works Director/City Engineer T. Mathisen, 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. COUNCIL MEETING MINUTES
The Council considered the minutes from the following meetings:
a. The Council Work Session from November 12, 2009;
b. The Regular City Council Meeting from November 17, 2009; and
c. The Council Work Session from November 17, 2009.
Moved by Council Member Hoffmann and seconded by Council Member J. Moore to
approve the minutes of the following Council Meetings:
a. The Council Work Session from November 12, 2009;
b. The Regular City Council Meeting from November 17, 2009; and
c. The Council Work Session 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;
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Crystal City Council Regular Meeting minutes December 1, 2009 1911
Ill. CONSENT AGENDA CONTINUED
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 cancelling the Council Work Session on December 10, 2009.
Moved by Council Member Grimes and seconded by Council Member L. Moore
to approve the consent agenda.
Motion carried.
IV. PUBLIC HEARING
1. The Mayor opened a public hearing and received public comment for Council
consideration relating to a renewal currency exchange license located at 127
Willow Bend submitted by Cashway Checking LLC (Michael and Suzanne
Schroeder).
City Manager A. Norris addressed the Council and answered questions.
The Mayor opened the public hearing for testimony. The following person
addressed the Council: Michael Schroder (applicant).
There being no one else wishing to appear before the Council to give testimony,
Mayor Bowman declared the public hearing closed.
Moved by Council Member Hoffmann and seconded by Council Member Selton
to adopt the following resolution, the reading of which was dispensed with by
unanimous consent:
RESOLUTION NO. 2009 - 93
RELATING TO APPLICATION FOR
A CURRENCY EXCHANGE LICENSE AT 127 WILLOW BEND
Voting aye: J. Moore, L. Moore, Hoffmann, Selton, Grimes, Anderson, and
Bowman.
Motion carried, resolution declared adopted.
V. OPEN FORUM
No public comment was given during open forum.
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Crystal City Council Regular Meeting minutes December 1, 2009 1912
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
businesses:
■ MGM Liquor Warehouse
■ Crystal Wine & Spirits
■ Bottle Stop
■ VFW Post 494
(first liquor violation)
(second liquor violation)
(first liquor violation)
(first liquor violation)
MGM LIQUOR WAREHOUSE
Hayne Cho (owner) addressed the Council and admitted the violation.
Moved by Council Member Grimes and seconded by Council Member Anderson
to impose a 1 -day license suspension to occur on a Monday with the city clerk
determining the suspension date and a fine of $750 due by December 30, 2009
for the violation of ordinances and laws relating to the illegal sale of intoxicating
and 3.2 malt liquor to an underage person on August 31, 2009 by MGM Liquor
Warehouse located at 6200 — 56th Ave N. Failure to render the civil fine by
December 30, 2009 will constitute immediate license revocation until paid in full.
Voting aye: J. Moore, L. Moore, Hoffmann, Selton, Grimes, Anderson, and
Bowman.
Motion carried.
CRYSTAL WINE & SPIRITS
A letter was submitted by the owners admitting the violation.
Moved by Council Member Hoffmann and seconded by Mayor Bowman to
impose a consecutive 3 -day license suspension to begin on a Monday with the
city clerk determining the suspension dates and a fine of $1,500 due by
December 30, 2009 for the violation of ordinances and laws relating to the illegal
sale of intoxicating and 3.2 malt liquor to an underage person on August 31,
2009 by Crystal Wine & Spirits located at 4920 West Broadway. Failure to render
the civil fine by December 30, 2009 will constitute immediate license revocation
until paid in full.
Voting aye: J. Moore, L. Moore, Hoffmann, Selton, Grimes, Anderson, and
Bowman.
Motion carried.
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Crystal City Council Regular Meeting minutes December 1, 2009 1913
Vl. REGULAR AGENDA CONTINUED
BOTTLE STOP
A letter was submitted by the owner admitting the violation.
Moved by Mayor Bowman and seconded by Council Member Grimes to impose
a 1 -day license suspension to occur on a Monday with the city clerk determining
the suspension date and a fine of $750 due by December 30, 2009 for the
violation of ordinances and laws relating to the illegal sale of intoxicating and 3.2
malt liquor to an underage person on August 31, 2009 by Bottle Stop located at
3530 Douglas Drive N. Failure to render the civil fine by December 30, 2009 will
constitute immediate license revocation until paid in full.
Voting aye: J. Moore, L. Moore, Hoffmann, Selton, Grimes, Anderson, and
Bowman.
Motion carried.
VFW POST 494
A letter was submitted by the post commander and club manager admitting the
violation.
Moved by Mayor Bowman and seconded by Council Member Hoffmann to
acknowledge the 1 -day license suspension on Monday, September 7, 2009 and
the civil fine of $750 paid on September 2, 2009 for the violation of ordinances
and laws relating to the sale of intoxicating and 3.2 malt liquor to an underage
person on August 31, 2009 by VFW Post 494 located at 5222 — 56th Ave N.
Voting aye: J. Moore, L. Moore, Hoffmann, Selton, Grimes, Anderson, and
Bowman.
Motion carried.
2. The Council considered a resolution approving a Joint Powers Agreement with
the City of New Hope, Winnetka Ave. Street Reconstruction Project #2009-26.
Public Works Director/City Engineer T. Mathisen addressed the Council and
answered questions.
Moved by Council Member L. Moore and seconded by Mayor Bowman to adopt
the following resolution, the reading of which was dispensed with by unanimous
consent:
RESOLUTION NO. 2009 - 94
APPROVING CRYSTAL — NEW HOPE JOINT POWERS AGREEMENT
FOR WINNETKA AVENUE STREET RECONSTRUCTION
PROJECT NO. 2009-26
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Crystal City Council Regular Meeting minutes December 1, 2009 1914
V1. REGULAR AGENDA CONTINUED
Voting aye: J. Moore, L. Moore, Hoffmann, Selton, Grimes, Anderson, and
Bowman.
Motion carried, resolution declared adopted.
3. The Council considered a resolution awarding contract for Project No. 2007-20;
Twin Oak Pond design to Wenck Assoc. Inc.
Public Works Director/City Engineer T. Mathisen addressed the Council and
answered questions.
Moved by Council Member Hoffmann 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 - 95
APPROVING CONTRACT FOR ENGINEERING SERVICES
TWIN OAK POND DESIGN, PLANS, AND SPECIFICATIONS
PROJECT NO. 2007-20
Voting aye: J. Moore, L. Moore, Hoffmann, Selton, Grimes, Anderson, and
Bowman.
Motion carried, resolution declared adopted.
4. The Council considered a Site Plan Review and Variances for building and
parking lot modifications at 5502 West Broadway (Crystal Gallery) — item
continued from November 17, 2009 meeting.
City Planner J Sutter addressed the Council and answered questions.
The following persons addressed the Council:
• Lisa Mendenhall, opposed the project
• Terry Moses, Aldi Broker
• Greg Hayes, Midwest Management
• Eric Reiners, Architect for Crystal Gallery
Moved by Council Member Selton and seconded by Council Member J. Moore to
approve the following items in one motion:
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Crystal City Council Regular Meeting minutes December 1, 2009 1915
Vl. REGULAR AGENDA CONTINUED
• 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 Sections D(2)
and (13)(3) of the staff report, as recommended by the Planning Commission
at its meeting on November 9, 2009, with an additional condition to provide
an emergency access lane during the Crystal Frolics as discussed by
WMFRD, the Crystal Police Department, and Crystal Gallery Management.
By roll call and voting aye: Hoffmann, Selton, J. Moore, Anderson, and Bowman.
Voting nay: L. Moore and Grimes.
Motion carried.
5. The Council considered the Second Reading of a Zoning Ordinance text
amendment and its corresponding summary ordinance for publication regarding
entitled telecommunication towers in the City "Updated Option C-2" (not allowed
in any park or school but allowed at residential >5 acres and commercial >2
acres.
City Planner J Sutter addressed the Council and answered questions.
The following persons addressed the Council:
• Cherie Taylor, opposed the ordinance
• Frank Weber, opposed the ordinance
• Don Crawford, favored the ordinance
Moved by Mayor Bowman and seconded by Council Member Selton to adopt the
following ordinance and its corresponding summary ordinance for publication:
ORDINANCE NO. 2009 - 06
AN ORDINANCE RELATING TO SECTION 515 OF THE CITY CODE
RELATING TO TELECOMMUNICATION TOWERS
UPDATED OPTION C-2
And further, that this is the Second and Final Reading.
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Crystal City Council Regular Meeting minutes December 1, 2009 1916
Vl. REGULAR AGENDA CONTINUED
By roll call and voting aye: Selton, Anderson, Bowman, and Grimes.
Voting nay: J. Moore, L. Moore, and Hoffmann.
Motion carried.
6. The Council received information regarding the 2010 Budget and the Budget
Public Hearing for December 15, 2009.
Finance Director C. Hansen addressed the Council and answered questions.
No Council action required.
VII. INFORMAL DISCUSSION AND ANNOUNCEMENTS
a. The next City Council Meeting begins at 7:00 p.m. on Tuesday, December 15t"
in the Council Chambers at City Hall.
b. City offices will be closed from Thursday at 12 Noon on December 24t" through
Friday December 25 for the holidays. Offices will reopen on Monday,
December 28t"
c. The December Citizen Input Time is cancelled but will resume again in
January.
VIII. ADJOURNMENT
Moved by Council Member J. Moore and seconded by Council Member Selton to
adjourn the meeting.
Motion carried.
The meeting adjourned at 9:07 p.m.
ATTEST:
r 11 -tom
Jan Lewis, City Clerk
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