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2012.04.03 Meeting MinutesCrystal City Council Meeting minutes April 3, 2012 2361 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, April 3, 2012 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: Selton, Anderson, Bowman, Budziszewski, Deshler, Hoffmann, and Moore. STAFF: City Manager A. Norris, City Attorney M. Norton, Police Chief J. Banick, City Planner/Assistant Community Development Director J. Sutter, Public Works Director/City Engineer T. Mathisen, and City Clerk C. Serres. OTHER: Hennepin County Assessors J. Pike, R. Winge, and T. Schumacher. PLEDGE OF ALLEGIANCE Mayor Bowman led the Council and audience in the Pledge of Allegiance. RECESS REGULAR CITY COUNCIL MEETING TO CONVENE AS THE BOARD OF APPEAL AND EQUALIZATION. Mayor Bowman declared the Regular City Council Meeting would recess to convene as the Board of Appeal and Equalization. II. BOARD OF APPEAL AND EQUALIZATION MEETING Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, the Crystal City Council convened as a Board of Appeal and Equalization at 7:02 p.m. on April 3, 2012, at 4141 Douglas Drive, Crystal, Minnesota to hear appeals regarding the estimated market value or classification of properties and discuss the 2012 Assessment Roll. Hennepin County Assessor J. Pike presented to the Council. Mayor Bowman opened the public hearing and asked for public comment. The following residents spoke to the Board of Appeal about the estimated market value but did not enter an appeal as required by law: • Thaddeus Evans, 2963 Sumter Avenue North, PID 20-118-21-32-0011; and • Todd Throne, 3424 Brunswick Avenue North, PID 21-118-21-22-0032. There being no one else wishing to address the Board of Appeal and Equalization, Mayor Bowman declared the public hearing closed to new appeals. Crystal City Council Meeting minutes April 3, 2012 2362 Local Board of Appeal and Equalization continued Hennepin County Assessor R. Winge addressed the Council. Moved by Council Member Hoffmann and seconded by Mayor Bowman to approve the 2012 Assessment Roll as presented by Hennepin County Assessors. Voting aye: Selton, Anderson, Bowman, Budziszewski, Deshler, Hoffmann, and Moore. Motion carried. Moved by Mayor Bowman and seconded by Council Member Anderson to adjourn the Board of Appeal and Equalization Meeting. Motion carried. Mayor Bowman adjourned the Board of Appeal and Equalization Meeting and reconvened the Regular City Council Meeting at 7:17 p.m. III. PROCLAMATION Mayor Bowman read a proclamation supporting Wyland Mayor's challenge for water conservation. IV. ACKNOWLEDGEMENTS The Mayor acknowledged the following donations: 1. Three donations for the Crystal Airport Open House to cover event expenses. The donations are as follows: 1. $1000 from Crystal VFW; 2. $500 from American Legion Westphal Post No. 251; and 3. $100 from Golden Valley VFW. 2. Four donations to the Crystal Police Department for the 2013 funding of a future canine unit and miscellaneous program expenses. The donations are as follows: a. $1000 from Maxwell Aircraft Service, Inc.; b. $500 from Steen Engineering, Inc.; c. $500 from Crystal VFW; and d. $200 from Paster Enterprises. 3. A $200 donation from the West Metro Fire Relief Association for food and beverages for the CERTS (Community Emergency Response Team) Training (March 9 -11). V. COUNCIL MEETING MINUTES The Council considered the minutes from the following meetings, in a single motion: a. The Council Work Session from March 20, 2012; b. The Regular City Council Meeting from March 20, 2012; and c. The Joint Council Work Session (Crystal and New Hope City Councils) from March 22, 2012. Crystal City Council Meeting minutes April 3, 2012 2363 Council Meetinq Minutes continued Moved by Council Member Moore and seconded by Council Member Budziszewski to approve the minutes of the following Council Meetings, in a single motion: a. The Council Work Session from March 20, 2012; b. The Regular City Council Meeting from March 20, 2012; and c. The Joint Council Work Session (Crystal and New Hope City Councils) from March 22, 2012. Motion carried. VI. 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. A special permit to serve beer and wine at the Crystal Community Center on Saturday, April 14, 2012, from 7:00 p.m. — 12:00 a.m., for 400 guests to celebrate the Lao New Year, submitted by Lao Assistance Center of Minnesota; and 4. Authorize execution of a Settlement Agreement with the Salvation Army regarding the property at 5600 — 34th Avenue North. Moved by Council Member Hoffmann and seconded by Council Member Deshler to approve the consent agenda. Motion carried. VII. OPEN FORUM No public comment was given during open forum. VIII. REGULAR AGENDA 1. The Council considered civil penalties for the violation of ordinances and laws relating to the illegal sale of tobacco to an underage person by Walgreens (Store #5883) located at 6800 — 56th Avenue North. The Mayor opened the hearing to consider the alleged violation of the tobacco code. City Clerk C. Serres addressed the Council. Walgreens Store Manager Heather Schmidt addressed the Council and admitted the violation. Crystal City Council Meeting minutes April 3, 2012 2364 RegularAgenda continued Moved by Council Member Selton and seconded by Council Member Hoffmann to impose civil penalties of a license suspension of 10 days and a fine of $500 for the violation of city ordinances and state laws relating to the illegal sale of tobacco to a minor by Walgreens (Store #5883) located at 6800 — 56th Ave N, with the city clerk determining the suspension dates. Voting aye: Selton, Anderson, Bowman, Budziszewski, Deshler, Hoffmann, and Moore. Motion carried. 2. The Council considered $1,100 contribution from City Initiatives Fund to Community Mediation Services. City Manager A. Norris addressed the Council and answered questions. Moved by Mayor Bowman and seconded by Council Member Budziszewski to approve the contribution of $1,100 to Community Mediation Services. Voting aye: Selton, Anderson, Bowman, Budziszewski, Deshler, Hoffmann, and Moore. Motion carried. 3. The Council considered second reading of an ordinance relating to zoning (city code section 515) and its corresponding summary ordinance for publication. City Planner/Assistant Community Development Director J. Sutter addressed the Council. Moved by Mayor Bowman and seconded by Council Member Budziszewski to adopt the following ordinance: ORDINANCE NO. 2012 - 02 AN ORDINANCE RELATING TO ZONING; AMENDING AND RECODIFYING SECTION 515 AS EMBODIED IN APPENDIX 1 OF THE CRYSTAL CITY CODE OF 2004 and further, that this is the second and final reading. Voting aye: Selton, Anderson, Bowman, Budziszewski, Deshler, Hoffmann, and Moore. Motion carried. 4. The Council considered second reading of an ordinance relating to wards in the city. City Clerk C. Serres addressed the Council and answered questions. Crystal City Council Meeting minutes April 3, 2012 2365 RegularAgenda continued Moved by Council Member Selton and seconded by Council Member Anderson to adopt the following ordinance: ORDINANCE NO. 2012 - 03 AN ORDINANCE RELATING TO WARDS IN THE CITY; REPEALING CRYSTAL CITY CODE SUBSECTION 205.03: ADDING A NEW SUBSECTION and further, that this is the second and final reading. By roll call and voting aye: Selton, Anderson, Bowman, Budziszewski, and Hoffmann. Voting nay: Deshler and Moore. Motion carried. 5. The Council considered a resolution changing precinct boundaries within wards of the city. City Clerk C. Serres addressed the Council. The Council discussed further revising the precinct boundaries relating to Ward 1, Precinct 1. Moved by Council Member Anderson and seconded by Council Member Hoffmann to amend the resolution to change Ward 1, Precinct 1, to read "that part of Ward 1 lying east of the centerline of Louisiana Avenue North", and Ward 1, Precinct 2 to "that part of Ward 1 lying west of the centerline of Louisiana Avenue North and south of the centerline of 32nd Avenue North." By roll call and voting aye: Anderson, Bowman, Budziszewski, Hoffmann, Moore, and Selton. Voting nay: Deshler. Motion carried. 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. 2012 — 28 RESOLUTION CHANGING PRECINCT BOUNDARIES WITHIN WARDS OF THE CITY By roll call and voting aye: Bowman, Budziszewski, Hoffmann, Moore, Selton, and Anderson. Voting nay: Deshler. Motion carried, resolution declared adopted. Crystal City Council Meeting minutes April 3, 2012 2366 Regular Agenda continued 6. The Council considered a resolution establishing dates and offices for the 2012 Municipal Election. City Clerk C. Serres addressed the Council. 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. 2012 — 29 A RESOLUTION ESTABLISHING DATES AND OFFICES FOR THE 2012 MUNICIPAL ELECTION Voting aye: Selton, Anderson, Bowman, Budziszewski, Deshler, Hoffmann, and Moore. Motion carried, resolution declared adopted. 7. The Council considered a resolution approving plans and specifications and order advertisement for bids for Seal Coat Project No. 2012-01. Public Works Director/City Engineer T. Mathisen addressed the Council and answered questions. 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. 2012 — 30 APPROVING PLANS AND SPECIFICATIONS AND ORDER ADVERTISEMENT FOR BIDS, 2012 SEAL COAT PROJECT #2012-01 Voting aye: Selton, Anderson, Bowman, Budziszewski, Deshler, Hoffmann, and Moore. Motion carried, resolution declared adopted. 8. The Council considered a resolution regarding PIR expenditure for Becker Park ballfield fencing replacement. Public Works Director/City Engineer T. Mathisen addressed the Council. 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: Crystal City Council Meeting minutes April 3, 2012 2367 Regular Agenda continued RESOLUTION NO. 2012 - APPROVING 2012 PIR EXPENDITURE FOR BECKER PARK BALL FIELDS FENCING REPLACEMENT By roll call and voting aye: Selton, Anderson, and Bowman. Voting nay: Budziszewski, Deshler, Hoffmann, and Moore. Motion failed. IX. INFORMATION AND DISCUSSION a. The Council will hold a work session at 7:00 p.m. on Thursday, April 12 in Conference Room A at City Hall. b. Citizen Input Time will be held from 6:00 — 6:30 on c. The next City Council Meeting will be at 7:00 p.m. in the Council Chambers. d. The Council and staff discussed attendance at the Remodeling Fair which was held Saturday, March Center. Tuesday, April 17. )n Tuesday, April 17 at City Hall Northwest Suburban H, 2012 at Crystal Community X. ADJOURNMENT Moved by Council Member Budziszewski and seconded by Council Member Moore to adjourn the meeting. Motion carried. The meeting adjourned at 8:20 p.m. ATTEST: Christina Serres, City Clerk