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2011.10.18 Meeting MinutesCrystal City Council Meeting minutes October 18, 2011 2276 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 Tuesday, October 18, 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: Budziszewski, Deshler, Hoffmann, Moore, Selton, Anderson, and Bowman. 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. ACKNOWLEDGMENTS The Mayor acknowledged the following: 1. $500 donation from the Crystal Frolics Committee to the Crystal Police Explorers. III. COUNCIL MEETING MINUTES The Council considered the minutes from the following meetings in a single motion: a. The Regular City Council Meeting from October 4, 2011; b. Two Council Work Sessions from October 4, 2011; and c. The Council Work Session from October 13, 2011. Moved by Council Member Selton and seconded by Council Member Deshler to approve the following minutes in a single motion: a. The Regular City Council Meeting from October 4, 2011; b. Two Council Work Sessions from October 4, 2011; and c. The Council Work Session from October 13, 2011. Motion carried. Crystal City Council Meeting minutes October 18, 2011 2277 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. Adoption of a resolution making annual elections for the 2012 Insurance Policy; and 4. Adoption of a resolution authorizing the City of Crystal to be a party to Minnesota Water/Wastewater Agency Response Network (MnWARN). Moved by Council Member Hoffmann and seconded by Council Member Selton to approve the consent agenda. Motion carried. V. PUBLIC HEARINGS The Mayor opened a hearing and received public comment and Council consideration of a resolution adopting an Assessment Roll for Year 2011 delinquent accounts. Finance Director C. Hansen addressed the Council. The Mayor opened the public hearing for testimony. The following persons addressed the Council to appeal the assessment: • Keith Anderson, for property at 3949 Douglas Dr N • Wallace E. Anderson, Twin Oaks Realty, for property at 3525 Yates Ave N The following written appeals were submitted: • Wallace E. Anderson, Twin Oaks Realty, for property at 3525 Yates Ave N • Holly Nelson, for property at 3525 Yates 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 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 - 83 ADOPTING AN ASSESSMENT ROLL FOR YEAR 2011 DELINQUENT ACCOUNTS Crystal City Council Meeting minutes October 18, 2011 2278 Voting aye: Budziszewski, Deshler, Hoffmann, Moore, Selton, Anderson, and Bowman. Motion carried, resolution declared adopted. V. PUBLIC HEARINGS CONTINUED 2. The Mayor opened a hearing and received public comment and Council consideration of a resolution adopting an Assessment Roll for Project No. 2010-11; Phase 11 Broadway Park Street Reconstruction Driveway and Sewer Service Repair. Public Works Director/City Engineer T. Mathisen addressed the Council and answered questions. 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 NO. 2011 - 84 APPROVING ASSESSMENT — PHASE 11 BROADWAY PARK STREET RECONSTRUCTION DRIVEWAY AND SEWER SERVICE REPAIR Voting aye: Budziszewski, Deshler, Hoffmann, Moore, Selton, Anderson, and Bowman. Motion carried, resolution declared adopted. V. PUBLIC HEARINGS CONTINUED 3. The Mayor opened a hearing and received public comment and Council consideration of a resolution ordering Project No. 2011-12; Phase 12 Forest North street reconstruction. Public Works Director/City Engineer T. Mathisen addressed the Council and answered questions. Aaron Ditzler, SEH consultant, presented to the Council and audience. The Mayor opened the public hearing for testimony. The following persons addressed the Council regarding the street reconstruction project: • Gary Peterson, 6603 Corvallis Ave N, in favor of the project and new curb installation • Susan Linman, 6727 Corvallis Ave N, opposed to new curb installation • Julie Schwartz, 6908 Corvallis Ave N, opposed to the project • Merri Quick, 6425 Corvallis Ave N, opposed to the project • Cherie Taylor, 6916 Corvallis Ave N, opposed to the project Crystal City Council Meeting minutes October 18, 2011 2279 Candace Oathout, 4824 Georgia Ave N Michael Harasyn, 4656 Maryland 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 Selton and seconded by Council Member Anderson to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2011 - 85 ORDERING PUBLIC IMPROVEMENT PROJECT #2011-12 PHASE 12 — FOREST NORTH STREET RECONSTRUCTION By roll call and voting aye: Anderson, Bowman, Deshler, Hoffmann, Selton, and Moore. Voting nay: Budziszewski. Motion carried, resolution declared adopted. VI. OPEN FORUM David Bichanga addressed the Council regarding administrative citations issued for property located at 5620 57th Ave N. Lenny Ondracek, 5147 Florida Ave N, addressed the Council about the impact garbage trucks have on city streets. VII. REGULAR AGENDA The Council considered a conditional use permit for expanded hours of operation in the C-1 Neighborhood Commercial district at 3537 Douglas Drive North (BodyBlast Fitness and Dance). City Planner/Assistant Community Development Director J. Sutter presented to the Council and answered questions. Moved by Council Member Moore and seconded by Council Member Deshler to approve the conditional use permit for expanded hours of operation in the C-1 Neighborhood Commercial district at 3537 Douglas Drive North (BodyBlast Fitness and Dance) as recommended by the Planning Commission at its meeting on October 10, 2011, based on findings of fact and subject to the conditions outlined in Section C of the Staff Report. Voting aye: Budziszewski, Deshler, Hoffmann, Moore, Selton, Anderson, and Bowman. Motion carried. Crystal City Council Meeting minutes October 18, 2011 2280 VII. REGULAR AGENDA CONTINUED 2. The Council considered a conditional use permit for expanded hours of operation in the C-1 Neighborhood Commercial district at 3545 Douglas Drive North (Milton's Restaurant). City Planner/Assistant Community Development Director J. Sutter presented to the Council and answered questions. Moved by Council Member Selton and seconded by Council Member Anderson to approve the conditional use permit for expanded hours of operation in the C-1 Neighborhood Commercial district at 3545 Douglas Drive North (Milton's Restaurant) as recommended by the Planning Commission at its meeting on October 10, 2011, based on findings of fact and subject to the conditions outlined in Section C of the Staff Report. Voting aye: Budziszewski, Deshler, Hoffmann, Moore, Selton, Anderson, and Bowman. Motion carried. 3. The Council considered a resolution approving the final version of the Comprehensive Plan. City Planner/Assistant Community Development Director J. Sutter presented to the Council and answered questions. Moved by Council Member Budziszewski to continue the discussion of approving the final version of the Comprehensive plan until the next council meeting. Motion failed for lack of a second. Moved by Mayor Bowman and seconded by Council Member Selton to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2011 - 86 APPROVING THE FINAL VERSION OF THE COMPREHENSIVE PLAN UPDATE By roll call and voting aye: Anderson, Bowman, Deshler, Hoffmann, Selton, and Moore. Abstention: Budziszewski. Motion carried, resolution declared adopted. Crystal City Council Meeting minutes October 18, 2011 2281 VII. REGULAR AGENDA CONTINUED 4. The Council considered the first reading of an ordinance amending the City Code with the addition of Section 340 - Domestic Partner Registration. Human Rights Commissioner Jason Smith addressed the Council. Moved by Mayor Bowman and seconded by Council Member Budziszewski to adopt the following ordinance: ORDINANCE NO. 2011 - 10 AN ORDINANCE ESTABLISHING A DOMESTIC PARTNER REGISTRY: AMENDING CHAPTER III OF THE CRYSTAL CITY CODE and further, that the second and final reading will be held on November 1, 2011. Voting aye: Budziszewski, Deshler, Hoffmann, Moore, Selton, Anderson, and Bowman. Motion carried. VIII. INFORMATION AND DISCUSSION • The Crystal Business Association meets at 8:30 a.m. on Wednesday, October 19, in the Game Room at the Crystal Community Center. • The next City Council Meeting will be at 7:00 p.m. on Tuesday, November 1, in the Council Chambers at City Hall. IX. ADJOURNMENT Moved by Council Member Budziszewski and seconded by Council Member Deshler to adjourn the meeting. The meeting adjourned at 9:15 p.m. ATTEST: 10w, L�0� - Christina Serres, City Clerk Motion carried.