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2011.09.20 Meeting MinutesCrystal City Council Meeting minutes September 20, 2011 2258 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 20, 2011 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, Moore, Selton, Deshler, Budziszewski, Anderson, and Hoffmann STAFF: City Manager A. Norris, City Attorney M. Norton, Police Chief J. Banick, Finance Director C. Hansen, Public Works Director/City Engineer T. Mathisen, City Planner/Assistant Community Development Director J. Sutter and City Clerk C. Serres. PLEDGE OF ALLEGIANCE Mayor Bowman led the Council and audience in the Pledge of Allegiance. II. PROCLAMATION The Mayor proclaimed Monday, September 26 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. The Regular City Council Meeting from September 6, 2011; b. The Council Work Session from September 6, 2011; and c. The Council Work Session from September 8, 2011. Moved by Council Member Selton and seconded by Council Member Deshler to approve the following minutes in a single motion: d. The Regular City Council Meeting from September 6, 2011; e. The Council Work Session from September 6, 2011; and f. The Council Work Session from September 8, 2011. Motion carried. Crystal City Council Meeting minutes September 20, 2011 2259 IV. 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. Acceptance of John Schuneman's resignation from the Parks and Recreation Commission. Moved by Council Member Hoffmann and seconded by Council Member Selton to approve the consent agenda. Motion carried. V. PUBLIC HEARING 1. Mayor Bowman opened a public hearing to receive public comment and Council consideration of a resolution adopting the Assessment Roll for the 2011 Alley and Driveway Construction Project No. 2011-07. Public Works Director/City Engineer Tom 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 Selton to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2011 - 73 ADOPTING AN ASSESSMENT ROLL FOR THE 2011 ALLEYS AND DRIVEWAYS CONSTRUCTION PROJECT #2011-07 Voting aye: Bowman, Moore, Selton, Deshler, Budziszewski, Anderson, and Hoffmann Motion carried, resolution declared adopted. Crystal City Council Meeting minutes September 20, 2011 2260 VI. OPEN FORUM ■ Seth Yarko, Store Manager of GameStop located at 5101 36th Ave N, addressed the Council requesting clarification on city correspondence he has received regarding false alarm fines. ■ Candace Oathout, 4824 Georgia Ave N, addressed the Council regarding the restriping of Douglas Drive N. ■ Andrew Richter, 6502 Cloverdale Ave N, addressed the Council regarding the restriping of Douglas Drive N. ■ Thomas Slupske, 4748 Edgewood Ave N, addressed the Council regarding the restriping of Douglas Drive N. ■ Jason Bradley, 5656 Brunswick Ave N, addressed the Council with concerns about traffic and noise in the Skyway Neighborhood as a result of city road construction. VII. REGULAR AGENDA 1. The Council considered the appointment of Nancy LaRoche to the Parks and Recreation Commission for a term expiring December 31, 2012. Nancy LaRoche addressed the Council. Moved by Council Member Anderson and seconded by Council Member Moore to approve the appointment of Nancy LaRoche to the Parks and Recreation Commission for a term expiring December 31, 2012. Voting aye: Bowman, Moore, Selton, Deshler, Budziszewski, Anderson, and Hoffmann Motion carried. 2. The Council considered a new commercial kennel license for property located at 3035 Hampshire Ave North submitted by Emily Pollnow dba Happy Hounds. The applicant Emily Pollnow addressed the Council. Neighbor Mary Frare, 3043 Hampshire Ave N, addressed the Council in favor of the commercial kennel license. Moved by Mayor Bowman and seconded by Council Member Anderson to approve the commercial kennel license for property located at 3035 Hampshire Ave North, submitted by Emily Pollnow dba Happy Hounds, provided the operation meets the requirements for home occupations. Voting aye: Bowman, Moore, Selton, Deshler, Budziszewski, Anderson, and Hoffmann Motion carried. Crystal City Council Meeting minutes September 20, 2011 2261 REGULAR AGENDA CONTINUED 3. The Council considered a conditional use permit for motor vehicle sales at 5301 Douglas Drive North. City Planner/Assistant Community Development Director John Sutter presented to the Council and answered questions. Amy Moser addressed the Council about her concerns and lack of support for motor vehicle sales at 5301 Douglas Drive North. Moved by Council Member Hoffmann and seconded by Mayor Bowman to table the discussion of the conditional use permit for motor vehicle sales at 5301 Douglas Drive North until the October 4, 2011 City Council meeting. Voting aye: Bowman, Moore, Selton, Deshler, Budziszewski, Anderson, and Hoffmann Motion carried. 4. The Council considered the first reading of an ordinance amending Subsection 515.45 of Crystal City Code to allow less restrictive hours of operation limitations in the C-1 neighborhood commercial district by conditional use permit. Additionally, the Council directed staff to waive the conditional use application permit fees for Body Blast and Milton's. City Planner/Assistant Community Development Director John Sutter presented to the Council and answered questions. Moved by Council Member Hoffmann and seconded by Mayor Bowman to adopt the following ordinance for publication: ORDINANCE NO. 2011 - AN ORDINANCE AMENDING SUBSECTION 515.45 OF CRYSTAL CITY CODE TO ALLOW LESS RESTRICTIVE HOURS OF OPERATION LIMITATIONS IN THE C-1 NEIGHBORHOOD COMMERCIAL DISTRICT BY CONDITIONAL USE PERMIT and further, that the second and final reading will be held on October 4, 2011. Voting aye: Bowman, Moore, Selton, Deshler, Budziszewski, Anderson, and Hoffmann Motion carried. Crystal City Council Meeting minutes September 20, 2011 2262 REGULAR AGENDA CONTINUED 5. The Council considered a resolution accepting Feasibility Report and ordering a public hearing on Project #2011-12, Forest North Street Reconstruction project. Public Works Director/City Engineer Tom Mathisen addressed the Council and answered questions. Moved by Mayor Bowman and seconded by Council Member Moore to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2011 - 74 ACCEPTING REPORT ON FEASIBILITY AND CALLING FOR A PUBLIC HEARING ON FOREST NORTH NEIGHBORHOOD PHASE 12 STREET RECONSTRUCTION PROJECT NO. 2011-12 Voting aye: Bowman, Moore, Selton, Deshler, Budziszewski, Anderson, and Hoffmann Motion carried, resolution declared adopted. 6. The Council considered a resolution adopting the 2012 Fee Schedule (Main Section), amending City Code Appendix IV. Finance Director Charlie Hansen addressed the Council and answered questions. Moved by Mayor Bowman and seconded by Council Member Budziszewski to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2011 - 75 ADOPTING APPENDIX IV OF THE CRYSTAL CITY CODE RELATING TO THE 2012 FEE SCHEDULE (MAIN SECTION) Voting aye: Bowman, Moore, Selton, Deshler, Budziszewski, Anderson, and Hoffmann Motion carried, resolution declared adopted. Crystal City Council Meeting minutes September 20, 2011 2263 REGULAR AGENDA CONTINUED 7. The Council considered a resolution adopting the 2012 Fee Schedule (Utility Section), amending City Code Appendix IV. Finance Director Charlie Hansen addressed the Council and answered questions. Moved by Council Member Hoffmann and seconded by Council Member Deshler to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2011 - 76 ADOPTING APPENDIX IV OF THE CRYSTAL CITY CODE RELATING TO THE 2012 FEE SCHEDULE (UTILITY SECTION) Voting aye: Bowman, Moore, Selton, Deshler, Budziszewski, Anderson, and Hoffmann Motion carried, resolution declared adopted. 8. The Council considered the second reading of an ordinance amending Section 211 of the Crystal City Code regarding Mayor and Council salaries. City Manager Anne Norris addressed the Council. Moved by Council Member Hoffmann and seconded by Council Member Selton to adopt the following ordinance: ORDINANCE NO. 2011 - 7 AN ORDINANCE RELATING TO SALARIES OF ELECTED OFFICIALS, AMENDING SECTION 211 OF THE CRYSTAL CITY CODE and further, that this is the second and final reading. Voting aye: Bowman, Moore, Selton, Deshler, Budziszewski, Anderson, and Hoffmann Motion carried. Crystal City Council Meeting minutes September 20, 2011 2264 REGULAR AGENDA CONTINUED 9. The Council considered the first reading of an ordinance amending Appendix IV of the City Code regarding election filing fees. City Manager Anne Norris addressed the Council. Moved by Council Member Selton and seconded by Council Member Deshler to adopt the following ordinance: ORDINANCE NO. 2011 - AN ORDINANCE RELATING TO APPENDIX IV OF THE CRYSTAL CITY CODE REGARDING LICENSES AND PERMIT FEES — AMENDING FILING FEES and further, that the second and final reading will be held on October 4, 2011. Voting aye: Bowman, Moore, Selton, Deshler, Budziszewski, Anderson, and Hoffmann Motion carried. 10. The Council considered a resolution of support for the Bassett Creek Regional Trail Master plan. City Planner/Assistant Community Development Director John Sutter presented to 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. 2011 - 77 RESOLUTION OF SUPPORT FOR THE BASSETT CREEK REGIONAL TRAIL MASTER PLAN By roll call and voting aye: Selton, Moore, Budziszewski, Anderson, Bowman and Hoffmann. Voting nay: Deshler Motion carried, resolution declared adopted. Crystal City Council Meeting minutes September 20, 2011 2265 REGULAR AGENDA CONTINUED 11. The Council considered quotes and resolution awarding the contract for Project #2011-17, Sumter Avenue Watermain Replacement project. Public Works Director/City Engineer Tom Mathisen addressed the Council and answered questions. 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 NO. 2011 - 78 AWARDING CONTRACT FOR PROJECT #2011-17 SUMTER AVENUE WATERMAIN REPLACEMENT Voting aye: Bowman, Moore, Selton, Deshler, Budziszewski, Anderson, and Hoffmann Motion carried, resolution declared adopted. 12. The Council considered a resolution certifying the amount to be assessed, ordering the preparation of the assessment roll, and ordering the public hearing on assessments for Project #2010-11, Broadway Park Driveways and Sewer Service Repair project. Public Works Director/City Engineer Tom Mathisen addressed the Council and answered questions. Moved by Mayor Bowman and seconded by Council Member Budziszewski to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2011 - 79 DECLARING THE AMOUNT TO BE ASSESSED, ORDERING PREPARATION OF ASSESSMENT ROLL AND SETTING THE DATE FOR PUBLIC HEARING BROADWAY PARK PHASE 11 DRIVEWAYS AND SEWER SERVICES PROJECT #2010-11 Voting aye: Bowman, Moore, Selton, Deshler, Budziszewski, Anderson, and Hoffmann Motion carried, resolution declared adopted. Crystal City Council Meeting minutes September 20, 2011 2266 REGULAR AGENDA CONTINUED 13.The Council considered quotes and resolution awarding contract for Project #2010- 14A, CIPP Sewer Lining Project Part 3. Public Works Director/City Engineer Tom Mathisen addressed the Council and answered questions. Moved by Council Member Selton and seconded by Council Member Deshler to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2011 - 80 AWARDING CONTRACT — SEWER UTILITY PROJECT No. 2010-14A CIPP SANITARY SEWER LINING Voting aye: Bowman, Moore, Selton, Deshler, Budziszewski, Anderson, and Hoffmann Motion carried, resolution declared adopted. VIII. INFORMATION AND DISCUSSION The next Crystal Business Association meeting will be held on Wednesday, September 21 at Wells Fargo, 7000 Bass Lake Road, from 8:30 — 9:30 a.m. • The next City Council Meeting will be at 7:00 p.m. on Tuesday, October 4, in the Council Chambers at City Hall. IX. ADJOURNMENT Moved by Council Member Deshler and seconded by Council Member Budziszewski to adjourn the meeting. Motion carried. The meeting adjourned at 8:33 p.m. ATTEST: I �- *i - 6� J W1, J) Christina Serr6is,,Tity Clerk