2010.10.19 Meeting MinutesCrystal City Council Meeting minutes October 19, 2010 2086
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 19, 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: Bowman, Hoppe, L. Moore, Hoffmann, J. Moore, Selton, and Anderson.
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,
Community Development Director P. Peters, 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 in a single motion:
a. Regular City Council Meeting from October 5, 2010;
b. The Council Work Session from October 5, 2010; and
c. The Council Work Session from October 14, 2010.
Moved by Council Member Selton and seconded by Council Member J. Moore to
approve the following minutes in a single motion:
a. Regular City Council Meeting from October 5, 2010;
b. The Council Work Session from October 5, 2010; and
c. The Council Work Session from October 14, 2010.
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;
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III. CONSENT AGENDA CONTINUED
3. Adoption of Resolution 2010-85 authorizing execution of a Traffic Enforcement
Grant (HEAT) Agreement with the State of Minnesota, .acting through its
Commissioner of Public Safety, State Patrol Division;
4. Adoption of Resolution 2010-86 making annual elections for the 2011 Insurance
Policy; and
5. Adoption of Resolution 2010-87 approving PIR expenditure for the replacement
of Streets Department pickup truck #301 and amending the 2010 budget for the
Permanent Improvement Revolving Fund.
Moved by Council Member Hoffmann and seconded by Council Member Selton to
approve the consent agenda.
Motion carried.
IV. PUBLIC HEARINGS
1. Mayor Bowman opened a hearing and received public comment and Council
consideration of a resolution adopting an Assessment Roll for Year 2010
delinquent accounts.
Finance Director C. Hanson addressed the Council and answered questions.
The Mayor opened the public hearing for testimony. The following persons
addressed the Council to appeal the assessment:
• Ken Haider, 4701 Edgewood Ave N
• Travis Boe, 7208 — 33rd Ave N
The following written appeal was submitted:
• Alissa Cooper, 3700 Welcome Ave N
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 Hoppe and seconded by Council Member Anderson
to adopt the following resolution, the reading of which was dispensed with by
unanimous consent and requested a staff report on the appealed assessments
to be submitted on November 3, 2010:
RESOLUTION NO. 2010 - 88
ADOPTING AN ASSESSMENT ROLL FOR YEAR 2010 DELINQUENT
ACCOUNTS
Voting aye: Bowman, Hoppe, L. Moore, Hoffmann, J. Moore, Selton, and
Anderson.
Motion carried, resolution declared adopted.
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IV. PUBLIC HEARINGS CONTINUED
2. Mayor Bowman opened a hearing and received public comment and Council
consideration of a resolution adopting an Assessment Roll for County Road 81
Local Streets Reconstruction Project No. 2009-33.
City Engineer/Public Works Director T. Mathisen addressed the Council.
The City received written objection to the proposed assessment from:
• Dennis Walsh, FTK Properties, for property at 6000 Bass Lake Road
The Mayor opened the public hearing for testimony. The following person
addressed the Council to appeal the assessment:
• Dennis Walsh, FTK Properties, 6000 56th Ave N
The following written appeal was submitted after the meeting:
• Mark & Maura Melin, 5309 Fairview Ave N
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 Hoppe and seconded by Council Member Hoffmann
to adopt the following resolution, the reading of which was dispensed with by
unanimous consent:
RESOLUTION NO. 2010 - 89
ADOPTING AN ASSESSMENT ROLL FOR COUNTY ROAD 81 LOCAL
STREETS RECONSTRUCTION PROJECT NO. 2009-33
Voting aye: Bowman, Hoppe, L. Moore, Hoffmann, J. Moore, Selton, and
Anderson.
Motion carried, resolution declared adopted.
3. Mayor Bowman opened a hearing and received public comment and Council
consideration of a resolution ordering Project No. 2010-11; Phase 11 Street
Reconstruction Project.
City Engineer/Public Works Director T. Mathisen addressed the Council.
Aaron Ditzler, SEH consultant, presented to the Council and audience.
The Mayor opened the public hearing for testimony. The following persons
addressed the Council:
• Joel Salsberg, Thriftway, 5715 West Broadway, appealed the assessment
• Jim Moberg, 5701 Kentucky Ave N, appealed the assessment
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IV. PUBLIC HEARINGS CONTINUED
• Nick Nelson, 5917 Oregon Ave N, requested consideration on the feasibility
of storm sewer replacement/repair in relation to his property
• Marcy Heyser, 5716 Nevada Ave N, requested weight -restriction signs on
street
• Ron Heil, 7609 — 59th Avenue, appealed the assessment and questioned who
pays special assessments for vacant homes
• Jake Yanisch, 5600 and 5608 Nevada Ave N, appealed the assessments
• Becky Kiffmeyer, 7216 — 58th Ave N, asked about sidewalk placement and
requested clarification about MSA streets
• Gary Yanish, 5600 Nevada Ave N, appealed the assessment and requested
a lower interest rate than 6 percent.
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 Hoppe and seconded by Council Member J. Moore to
adopt the following resolution, the reading of which was dispensed with by
unanimous consent:
RESOLUTION NO. 2010 - 90
ORDERING PROJECT NO. 2010-11;
PHASE 11 STREET RECONSTRUCTION PROJECT
Voting aye: Bowman, Hoppe, L. Moore, Hoffmann, J. Moore, Selton, and
Anderson.
Motion carried, resolution declared adopted.
V. OPEN FORUM
Frank Weber addressed the Council during open forum regarding believed
health risks for children associated with exposure to electromagnetic/microwave
radiation from cell phone towers.
VI. REGULAR AGENDA
1. The Council considered the appointment of Christopher Moewes-Bystrom to the
Parks & Recreation Commission as an at -large member for a three-year term
expiring December 31, 2013.
The applicant addressed the Council.
Moved by Council Member Selton and seconded by Mayor Bowman to approve
the appointment of Christopher Moewes-Bystrom to the Parks & Recreation
Commission as an at -large member for a three-year term expiring December 31,
2013.
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VI. REGULAR AGENDA # 1 CONTINUED
Voting aye: Bowman, Hoppe, L. Moore, Hoffmann, J. Moore, Selton, and
Anderson.
Motion carried.
2. The Council considered civil penalties for the violation of ordinances and laws
relating to the illegal sale of tobacco to an underage person by Almsted
SuperValu located at 4200 Douglas Drive.
City Clerk J. Lewis addressed the Council with the facts of the violation.
Mayor Bowman called on said tobacco license holder. No representative from
Almsted SuperValu was present at the meeting. Mayor Bowman called for any
other public testimony. No additional testimony was given. The Mayor declared
the discussion ended and called for a motion.
Moved by Council Member L. Moore and seconded by Council Member Hoppe
to impose a 10 -day license suspension to occur on a Tuesday with the city clerk
determining the suspension dates and a fine of $500 due within 30 days, for the
violation of ordinances and laws relating to the illegal sale of tobacco product to
an underage person on Tuesday, July 20, 2010 by license holder Almsted
SuperValu located at 4200 Douglas Drive N. Failure to render the civil fine by
due date imposed will constitute immediate license revocation until paid in full.
Voting aye: Bowman, Hoppe, L. Moore, Hoffmann, J. Moore, Selton, and
Anderson.
Motion carried.
3. The Council considered civil penalties for the violation of ordinances and laws
relating to the illegal sale of alcohol to an underage person by Speedway
SuperAmerica Store #4052 located at 5359 West Broadway.
City Clerk J. Lewis addressed the Council with the facts of the violation.
Mayor Bowman called on said liquor license holder. District Manager Terry
Forehand addressed the Council. Mayor Bowman called for any other public
testimony. No additional testimony was given. The Mayor declared the
discussion ended and called for a motion.
Moved by Council Member L. Moore and seconded by Council Member
Anderson to impose a 3 -day liquor license suspension to occur on a Wednesday
with the city clerk determining the suspension dates and a fine of $1,500 due
within 30 days, for the violation of ordinances and laws relating to the illegal sale
of alcohol to an underage person on Wednesday, July 28, 2010 by license
holder Speedway Super America located at 5359 West Broadway. Failure to
render the civil fine by due date imposed will constitute immediate license
revocation until paid in full.
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VI. REGULAR AGENDA CONTINUED
Voting aye: Bowman, Hoppe, L. Moore, Hoffmann, J. Moore, Selton, and
Anderson.
Motion carried.
4. The Council considered civil penalties for the violation of ordinances and laws
relating to the illegal sale of alcohol to an underage person by Bottle Stop
located at 3530 Douglas Drive.
City Clerk J. Lewis addressed the Council with the facts of the violation.
Mayor Bowman called on said liquor license holder. A letter was submitted to the
Council by the license holder. Mayor Bowman called for any other public
testimony. No additional testimony was given. The Mayor declared the
discussion ended and called for a motion.
Moved by Council Member Selton and seconded by Council Member Anderson
to impose a 3 -day liquor license suspension to occur on a Wednesday with the
city clerk determining the suspension dates and a fine of $1,500 due within 30
days, for the violation of ordinances and laws relating to the illegal sale of alcohol
to an underage person on Wednesday, July 28, 2010 by license holder Bottle
Stop located at 3530 Douglas Drive. Failure to render the civil fine by due date
imposed will constitute immediate license revocation until paid in full.
Voting aye: Bowman, Hoppe, L. Moore, Hoffmann, J. Moore, Selton, and
Anderson.
Motion carried.
5. The Council considered the Second Reading of ordinance and its corresponding
summary ordinance for publication; amending Section 2000 of Crystal City Code
relating to misdemeanors.
Moved by Council Member Hoffmann and seconded by Mayor Bowman to adopt
the following ordinance and its corresponding summary ordinance for
publication:
ORDINANCE NO. 2010 - 08
AN ORDINANCE AMENDING SECTION 2000 RELATING TO
MISDEMEANORS
and further, that this is the second and final reading.
Voting aye: Bowman, Hoppe, L. Moore, Hoffmann, J. Moore, Selton, and
Anderson.
Motion carried.
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VI. REGULAR AGENDA CONTINUED
6. The Council considered authorizing execution of a cooperative agreement
approving cost-sharing for Twin Lake 639 Wetland Improvement Project.
City Engineer/Public Works Director T. Mathisen addressed the Council.
Diane Spector from Wenck Engineering presented to the Council
Moved by Council Member Hoppe and seconded by Council Member L. Moore
to authorize execution of a cooperative agreement for Twin Lake 639 Wetland
Improvement Project.
Voting aye: Bowman, Hoppe, L. Moore, Hoffmann, J. Moore, Selton, and
Anderson.
Motion carried.
7. The Council considered the First Reading of an ordinance amending Section
1177.07, Subdivision 5 relating to pawnbrokers.
City Clerk J. Lewis addressed the Council.
Moved by Mayor Bowman and seconded by Council Member Hoffmann to adopt
the following ordinance:
ORDINANCE NO. 2010 -
AN ORDINANCE AMENDING SECTION 1177.07 SUBDIVISION 5
RELATING TO PAWNBROKERS
and further, that the second reading be held on November 3, 2010.
Voting aye: Bowman, Hoppe, L. Moore, Hoffmann, J. Moore, Selton, and
Anderson.
Motion carried.
8. The Council considered an ordinance amending chapter 5 of the Crystal City
Charter regarding petition and referendum (continued from September 21,
2010).
Moved by Council Member J. Moore and seconded by Mayor Bowman to adopt
the following ordinance:
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VI. REGULAR #8 AGENDA CONTINUED
ORDINANCE NO. 2010 -
AN ORDINANCE AMENDING CHAPTER 5 OF THE CRYSTAL CITY
CHARTER REGARDING PETITION AND REFERENDUM.
and further, that the second reading be held on November 3, 2010.
Voting aye: Bowman, Hoppe, L. Moore, Hoffmann, J. Moore, Selton, and
Anderson.
Motion carried.
VII. INFORMATION AND DISCUSSION
a. The next meeting of the Crystal Business Association is Wednesday, October
20, 2010, at 8:30 a.m., at Crystal City Hall in the Community Room.
b. Absentee voting will be open on Saturday, October 30 from 10 a.m. until 3 p.m.
at City Hall. If you are out of the precinct on election day or have an illness or
disability which prevents you from going to the polling place, you may vote by
absentee ballot.
c. Remember to vote on November 2! Polling places open from 7 a.m. until 8 p.m.
d. The next City Council Meeting will be at 7:00 p.m. on Wednesday, November 3
in the Council Chambers at City Hall.
VIII. ADJOURNMENT
Moved by Council Member Hoppe and seconded by Council Member J. Moore to
adjourn the meeting.
Motion carried.
The meeting adjourned at 9:24 p.m.
ReNae J. Bovfnan, Mayor
ATTEST:
ia,66t Lewis, City Clerk
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