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2010.11.03 Meeting MinutesCrystal City Council Meeting minutes November 3, 2010 2094 I. 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 Wednesday, November 3, 2010 at 7:01 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, 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. COUNCIL MEETING MINUTES The Council considered the minutes from the following meetings in a single motion: a. Regular City Council Meeting from October 19, 2010; and b. The Council Work Session from October 19, 2010. Moved by Council Member Selton and seconded by Council Member Hoppe to approve the following minutes in a single motion: a. Regular City Council Meeting from October 19, 2010; and b. The Council Work Session from October 19, 2010. Motion carried. Ill. 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; and 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; 2094 G, Cu, I'NfimuI�.201111nii1111I.2010,­ Crystal City Council Meeting minutes November 3, 2010 2095 III. CONSENT AGENDA CONTINUED 3. Acceptance of Jenny Klavik's resignation from the Parks & Recreation Commission effective December 31, 2010; 4. Acceptance of Jake Hairrell's removal from the Human Rights Commission; and 5. Approval of a special permit for wine & beer for the cyclo -cross bicycle race on November 13 and 14, 2010 at Bassett Creek Park submitted by USA Cycling, Inc. Moved by Council Member Hoffmann and seconded by Council Member J. Moore to approve the consent agenda. Motion carried. IV. PUBLIC HEARINGS 1. Mayor Bowman opened a hearing and received public comment and Council consideration of two off -sale liquor licenses (3.2 malt liquor) for properties located at 7818 — 36th Ave N and 5358 West Broadway submitted by Northern Tier Retail LLC (representative Gary Gandrud of Faegre & Benson LLP). City Attorney M. Norton addressed the Council. The Mayor opened the public hearing for testimony. The following person addressed the Council: Mr. Gary Gandrud of Faegre &Benson LLP, a representative for Speedway Super America There being no one else wishing to appear before the Council to give testimony, Mayor Bowman declared the public hearing closed. Council action (7818 - 36th Ave N) Moved by Council Member Hoffmann and seconded by Mayor Bowman to approve the off -sale, 3.2 malt liquor license for 7818 — 36th Ave N submitted by Northern Tier Retail LLC d/b/a/ SuperAmerica, and such approval is contingent upon providing the City with proof of liquor liability insurance and property ownership. Voting aye: Bowman, Hoppe, L. Moore, Hoffmann, J. Moore, Selton, and Anderson. Motion carried. (1X,,o,,j1M,.t-011) ml03.010,- 2095 Crystal City Council Meeting minutes November 3, 2010 2096 PUBLIC HEARING CONTINUED Council action (5358 West Broadway) Moved by Council Member L. Moore and seconded by Council Member Selton to approve the off -sale, 3.2 malt liquor license for 5359 West Broadway submitted by Northern Tier Retail LLC d/b/a/ SuperAmerica, and such approval is contingent upon providing the City with proof of liquor liability insurance and property ownership. Voting aye: Bowman, Hoppe, L. Moore, Hoffmann, J. Moore, Selton, and Anderson. Motion carried. V. OPEN FORUM Frank Weber addressed the Council during open forum regarding health risks for children associated with exposure to electromagnetic/microwave radiation from cell phone towers. VI. REGULAR AGENDA 1. The Council considered a Conditional Use Permit for a telecommunications tower (Clearwire) at 5301 36th Avenue North (Cub Foods). City Planner J. Sutter presented to the Council. Moved by Council Member Hoppe and seconded by Mayor Bowman to continue discussion of the CUP until the November 16, 2010 City Council Meeting with a request that Clearwire and Cub Foods/SuperValu provide a written explanation to the Council stating the reasons why they are unwilling to place the tower at one of the alternate locations discussed at the September 21, 2010 Council Meeting. Voting aye: Bowman, Hoppe, L. Moore, Hoffmann, J. Moore, Selton, and Anderson. Motion carried. 2096 G I Mml11-1110 nAm 11,03.20 1 0,d- Crystal City Council Meeting minutes November 3, 2010 2097 VI. REGULAR AGENDA CONTINUED 2. The Council considered a resolution reconsidering the Assessment Roll for Local Streets in County Road 81— Project #2009-33 to correct assessment amount for property at 6000 Bass Lake Road. City Manager A. Norris addressed 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 - 91 RECONSIDERING AN ASSESSMENT ROLL FOR LOCAL STREETS IN COUNTY ROAD 81 PROJECT TO CORRECT AN ASSESSMENT AMOUNT FOR PROPERTY AT 6000 BASS LAKE ROAD Voting aye: Bowman, Hoppe, L. Moore, Hoffmann, J. Moore, Selton, and Anderson. Motion carried, resolution declared adopted. 3. The Council received a staff report regarding delinquent account appeals received during the public hearing from October 19, 2010 and considered a resolution reconsidering the Assessment Roll for Delinquent Accounts to adjust said assessment for property located at 3700 Welcome Ave N City Manager A. Norris addressed the Council. Moved by Council Member Anderson and seconded by Council Member Hoffmann to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2010 - 92 RECONSIDERING ASSESSMENT ROLL FOR DELINQUENT ACCOUNTS TO ADJUST ASSESSMENT FOR PROPERTY AT 3700 WELCOME AVE N Voting aye: Bowman, Hoppe, L. Moore, Hoffmann, J. Moore, Selton, and Anderson. Motion carried, resolution declared adopted. NI...M",hfl 1,,32010A,,, 2097 Crystal City Council Meeting minutes November 3, 2010 2098 V1. REGULAR AGENDA CONTINUED 4. The Council considered a resolution approving an amendment to the 2010 Water Utility CIP Budget and appropriation for water main extension at 5153 Idaho Avenue North. City Engineer/Public Works Director T. Mathisen addressed the Council. Moved by Council Member L. Moore and seconded by Council Member Hoppe to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2010 - 93 APPROVING AN AMENDMENT TO THE 2010 WATER UTILITY CIP BUDGET AND APPROPRIATION FOR WATER MAIN EXTENSION AT 5153 IDAHO AVENUE NORTH Voting aye: Bowman, Hoppe, L. Moore, Hoffmann, J. Moore, Selton, and Anderson. Motion carried, resolution declared adopted. 5. The Council considered a resolution awarding Forest Soccer Field Construction Grading Contract; Project No. 2009-35. City Engineer/Public Works Director T. Mathisen addressed the Council. Moved by Mayor Bowman and seconded by Council Member Hoppe to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2010 - 94 AWARDING FOREST SOCCER FIELD CONSTRUCTION GRADING CONTRACT, PROJECT NO. 2009-35 Voting aye: Bowman, Hoppe, L. Moore, Hoffmann, J. Moore, Selton, and Anderson. Motion carried, resolution declared adopted. 2098 Ut Cunn.i101iini4.N1 I(I min 11.01211 LLdne Crystal City Council Meeting minutes November 3, 2010 2099 Vl. REGULAR AGENDA CONTINUED 6. The Council considered the Second Reading of an ordinance amending Section 1177.07, Subdivision 5 relating to pawnbrokers. Moved by Mayor Bowman and seconded by Council Member Hoffmann to adopt the following ordinance: ORDINANCE NO. 2010 - 09 AN ORDINANCE AMENDING SECTION 1177.07 SUBDIVISION 5 RELATING TO PAWNBROKERS and further, that this is the second and final reading. Voting aye: Bowman, Hoppe, L. Moore, Hoffmann, J. Moore, Selton, and Anderson. Motion carried. 7. The Council considered the Second Reading of an ordinance amending chapter five of the Crystal City Charter regarding petition and referendum. Moved by Mayor Bowman and seconded by Council Member Selton to adopt the following ordinance: ORDINANCE NO. 2010 - 10 AN ORDINANCE AMENDING CHAPTER 5 OF THE CRYSTAL CITY CHARTER REGARDING PETITION AND REFERENDUM. and further, that this is the second and final reading. Voting aye: Bowman, Hoppe, L. Moore, Hoffmann, J. Moore, Selton, and Anderson. Motion carried. 9110 Cd:\Ifnm.,42w"min l 10121,11, a- 2099 Crystal City Council Meeting minutes November 3, 2010 2100 VI. REGULAR AGENDA CONTINUED 8. The Council considered a resolution approving contract for engineering services for the 639 Wetland Improvement plans, specifications, and construction staking; Project No. 2008-17. City Engineer/Public Works Director T. Mathisen addressed the Council. Moved by Council Member Hoppe and seconded by Council Member Selton to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2010 - 95 APPROVING CONTRACT FOR ENGINEERING SERVICES FOR THE 639 WETLAND IMPROVEMENT PLANS, SPECIFICATIONS, AND CONSTRUCTION STAKING, PROJECT NO. 2008-17 Voting aye: Bowman, Hoppe, L. Moore, Hoffmann, J. Moore, Selton, and Anderson. Motion carried, resolution declared adopted. VII. INFORMATION AND DISCUSSION Mayor Bowman announced the following information: a. The next Citizen Input Time is from 6:00 — 6:30 p.m. on Tuesday, November, 16 in Conference Room A at City Hall. b. The next City Council Meeting begins at 7:00 p.m. on Tuesday, November 16 in the Council Chambers at City Hall. c. The City Council will conduct a special meeting on Wednesday, November 10 at 7:00 p.m. to canvass the Municipal General Election results and returns. The meeting will be held in the Council Chambers at City Hall. d. City Offices will be closed in observance of the Veterans Day holiday on Thursday, November 11. e. City Offices will be closed for the Thanksgiving Holiday on Thursday and Friday, November 25 & 26. f. The free movie, Lost Boys of Sudan, will play at the Rockford Road Library at 6:30 p.m. on November 17. VIII. ADJOURNMENT Moved by Council Member L. Moore and seconded by Council Member Selton to adjourn the meeting. Motion carried. The meeting adjourned at 7:53 p.m. 2100 c', .; N Crystal City Council Meeting minutes November 3, 2010 2101 FW`W'' AM4 :• ,nan a• ATTEST: 1� "Lt- I "Ozaa JanIfLewis, City Clerk 2101