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2010.09.21 Meeting MinutesCrystal City Council Meeting minutes from September 21, 2010 2068 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, September 21, 2010 at 7:00 p.m., 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: Present: Selton, Bowman, Anderson, Hoffmann, L. Moore, and J. Moore. Absent: Hoppe STAFF: City Manager A. Norris, Assistant City Manager/HR Manager K. Therres, City Attorney Mike Norton, Police Chief J. Banick, Public Works Director/City Engineer T. Mathisen, City Planner/Assistant Community Development Director J. Sutter, and City Clerk J. Lewis. PLEDGE OF ALLEGIANCE Mayor Bowman led the Council and audience in the Pledge of Allegiance. II. PROCLAMATION The Mayor proclaimed Monday, September 27 as Family Day — a day to eat dinner with your family in the City of Crystal. III. COUNCIL MEETING MINUTES The Council considered the minutes from the following meetings in a single motion: a. Regular City Council Meeting from September 7, 2010; b. The Council Work Session from September 7, 2010; and c. The Council Work Session from September 8, 2010. Moved by Council Member Selton and seconded by Council Member Hoffmann to approve the following minutes in a single motion: a. Regular City Council Meeting from September 7, 2010; b. The Council Work Session from September 7, 2010; and c. The Council Work Session from September 8, 2010. Motion carried. 2068 (i:'C,-61Ifinl1-0 Ill iO.21.2. 1u J��c Crystal City Council Meeting minutes from September 21, 2010 2069 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 the Absentee Ballot Board meeting schedule for accepting/rejecting voted absentee ballots for the General Election; and 4. Approval of a solicitation license for representatives of Window Store Home Improvements Inc. to go door-to-door promoting the sales and installation of new windows, siding, and roofs. Moved by Council Member Hoffmann and seconded by Council Member Selton to approve the consent agenda. Motion carried. V. PUBLIC HEARINGS 1. The Mayor opened a hearing and received public comment and Council consideration of a resolution adopting the Assessment Roll for the 2010 Alley and Driveway Construction Project No. 2010-07. Public Works Director/City Engineer T. Mathisen addressed the Council. 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 Council Member Hoffmann and seconded by Council Member Anderson to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION 2010 - 75 ADOPTING AN ASSESSMENT ROLL FOR THE 2010 ALLEY AND DRIVEWAY CONSTRUCTION PROJECT NO. 2010-07 Voting aye: Selton, Bowman, Anderson, Hoffmann, L. Moore, and J. Moore. Absent, not voting: Hoppe. Motion carried. mM,.2„1-d- 2069 Crystal City Council Meeting minutes from September 21, 2010 2070 Public Hearings continued 2. The Mayor opened a hearing and received public comment and Council consideration of a resolution vacating an easement at 6603 — 36th Ave N. City Planner/Assistant Community Development Director J. Sutter addressed the Council. 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 Council Member J. Moore and seconded by Council Member Anderson to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION 2010 - 76 VACATING A DRAINAGE AND UTILITY EASEMENT AT 6603 — 36TH AVE N Voting aye: Selton, Bowman, Anderson, Hoffmann, L. Moore, and J. Moore. Absent, not voting: Hoppe. Motion carried. 3. The Mayor opened a hearing and received public comment and Council consideration of an ordinance amending Chapter 5 of the Crystal City Charter relating to petition and referendum. City Clerk J. Lewis and City Attorney M. Norton addressed the Council. The Mayor opened the public hearing for testimony. The following persons addressed the Council: Charter Commission Chair Samantha Erickson, in favor of the ordinance amendment • Andrew Richter, 6502 Cloverdale Ave N, opposed the ordinance amendment • Jason Bradley, 5656 Brunswick Ave N, opposed the ordinance amendment 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 L Moore and seconded by Council Member Anderson to continue discussion and action on the ordinance until all council members could be present. Voting aye: Selton, Bowman, Anderson, Hoffmann, L. Moore, and J. Moore. Absent, not voti.ng: Hoppe. Motion carried. 2070 G-,Cnun.il t.linu�rslull�n�in'J.11. NIP)— Crystal City Council Meeting minutes from September 21, 2010 2071 VI. OPEN FORUM No public comment was given during open forum. VII. REGULAR AGENDA 1. The Council considered a Conditional Use Permit for a telecommunications tower (Clearwire) at 5301 36th Avenue North (Cub Foods). City Planner/Assistant Community Development Director J. Sutter addressed the Council. The following persons addressed the Council: • Rob Viera, consultant for Clearwire, in favor of the CUP • Frank Weber, 3825 Brunswick Ave N, opposed the CUP • Zola Smith, 6125 — 45th Ave N, opposed the CUP • Mary Weber, 3825 Brunswick Ave N, opposed the CUP • Joseph Donato, 5200 35th Ave N, opposed the proposed location of the telecommunications tower at the site Moved by Council Member Hoffmann and seconded by Council Member Selton to continue consideration of the item for 30 days to allow time to prepare plans for alternate locations at 5301 — 36th Ave for the telecommunications tower. Voting aye: Selton, Bowman, Anderson, Hoffmann, L. Moore, and J. Moore. Absent, not voting: Hoppe. Motion carried. 2. The Council considered a resolution electing to continue participating in the Local Housing Incentives Account program under the Metropolitan Livable Communities Act. City Planner/Assistant Community Development Director J. Sutter addressed the Council. Moved by Council Member Hoffmann and seconded by Mayor Bowman to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION 2010 - 77 ELECTING TO CONTINUE PARTICIPATION IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT +n nndnY21 21110A„� 2071 Crystal City Council Meeting minutes from September 21, 2010 2072 Regular Agenda # 2 continued Voting aye: Selton, Bowman, Anderson, Hoffmann, L. Moore, and J. Moore. Absent, not voting: Hoppe. Motion carried. 3. The Council considered a resolution adopting the 2011 Fee Schedule, amending City Code Appendix IV (excluding utilities). City Manager A. Norris addressed the Council. Council Member J. Moore requested no increase in recreational program fees for preschool and youth programs. Moved by Mayor Bowman and seconded by Council Member Anderson to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2010 - 78 ADOPTING THE 2011 FEE SCHEDULE; AMENDING CITY CODE APPENDIX IV (EXCLUDING UTILITIES) By roll call and voting aye: Anderson, Bowman, Hoffmann, Selton, and L. Moore. Voting nay: J. Moore. Absent, not voting: Hoppe. Motion carried, resolution declared adopted. 4. The Council considered a resolution certifying the amount to be assessed, ordering the preparation of an Assessment Roll and a public hearing on said assessments for the County Road 81 Local Streets Project No. 2009-33. Public Works Director/City Engineer T. Mathisen addressed the Council and answered questions. Moved by Mayor Bowman and seconded by Council Member Hoffmann to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2010 - 79 CERTIFYING THE AMOUNT TO BE ASSESSED, ORDERING THE PREPARATION OF AN ASSESSMENT ROLL AND 2072 (� •Cnun�il Alinul:.211111mii�J.21.21i I1� Jnc Crystal City Council Meeting minutes from September 21, 2010 2073 Regular agenda # 4 continued ORDERING A PUBLIC HEARING ON SAID ASSESSMENTS FOR THE COUNTY ROAD 81 LOCAL STREETS PROJECT NO. 2009-33 Voting aye: Selton, Bowman, Anderson, Hoffmann, L. Moore, and J. Moore. Absent, not voting: Hoppe. Motion carried, resolution declared adopted. 5. The Council considered a resolution accepting the Feasibility Study and ordering a public improvement hearing for Broadway Neighborhood Park Phase 11 Street Reconstruction Project No. 2010-11. Public Works Director/City Engineer T. Mathisen addressed the Council and answered questions. SEH Aaron Ditzler presented the Feasibility Study to the Council. Moved by Mayor Bowman and seconded by Council Member L. Moore to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2010 - 80 ACCEPTING THE FEASIBILITY STUDY AND ORDERING A PUBLIC IMPROVEMENT HEARING FOR BROADWAY NEIGHBORHOOD PARK PHASE 11 STREET RECONSTRUCTION PROJECT NO. 2010-11 Voting aye: Selton, Bowman, Anderson, Hoffmann, L. Moore, and J. Moore. Absent, not voting: Hoppe. Motion carried, resolution declared adopted. 6. The Council considered the 2011 Budget for West Metro Fire -Rescue District. City Manager Anne Norris addressed the Council. Moved by Council Member L. Moore and seconded by Council Member Hoffmann to approve the 2011 Budget for West Metro Fire -Relief District. Voting aye: Selton, Bowman, Anderson, Hoffmann, L. Moore, and J. Moore. Absent, not voting: Hoppe. Motion carried. 4 `Connell IIm.1-nlnminI21 1111. d- 2073 Crystal City Council Meeting minutes from September 21, 2010 2074 VIII. INFORMATION AND DISCUSSION a. The next City Council Meeting will be at 7:00 p.m. on Tuesday, October 5 in the Council Chambers at City Hall. IX. ADJOURNMENT Moved by Mayor Bowman and seconded by Council the meeting. The meeting adjourned at 9:37 p.m. ATTEST: Jars t Lewis, City Clerk Member J. Moore to adjourn Motion carried. AReNae4own,!Mayor 2074 G.`GuuncilAlinute.3plllmin9.3111110 J�ic