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2013.02.05 Meeting MinutesCrystal City Council Meeting Minutes February 5, 2013 2503 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, February 5, 2013 at 7:00 p.m. in the Council Chambers at 4141 Douglas Drive in Crystal, Minnesota. Mayor Adams called the meeting to order. ROLL CALL Mayor Adams asked the city clerk to call the roll for elected officials. Upon roll call, the city clerk recorded the following attendance: COUNCIL: Present: Deshler, Hoffmann, Libby, Peak, Selton, Adams, and Budziszewski. STAFF: City Manager A. Norris, City Attorney M. Norton, Assistant City Manager K. Therres, Chief of Police S. Revering, Public Works Director T. Mathisen, and City Clerk C. Serres. PLEDGE OF ALLEGIANCE Mayor Adams led the Council and audience in the Pledge of Allegiance. II. ACKNOWLEDGEMENTS Mayor Adams acknowledged a $300 donation from David Waldron. These funds will be used to support the Chaplain Fund. Mayor Adams acknowledged City Engineer Tom Mathisen's receipt of the City Engineer of the Year awarded by the City Engineer's Association of Minnesota. III. PRESENTATION Mayor Adams recognized volunteer Pam Gieselman for her contributions to the Community Emergency Response Team (CERT) program. Police Chief Revering gave a brief presentation regarding Ms. Gieselman's volunteer efforts. IV. COUNCIL MEETING MINUTES The Council considered the minutes from the following meetings in a single motion: a. The Regular City Council Meeting from January 15, 2013; and b. The Council Work Session from January 15, 2013. Moved by Council Member Hoffmann and seconded by Council Member Libby to approve the following minutes in a single motion: a. The Regular City Council Meeting from January 15, 2013; and b. The Council Work Session from January 15, 2013. Motion carried. Crystal City Council Meeting Minutes February 5, 2013 2504 V. 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. Approval of rescheduling the Council's regular February work session to February 7 and adding a work session on February 26; and 4. Appointment of City Forester James Burks as the assistant weed inspector for the City of Crystal. Moved by Council Member Deshler and seconded by Council Member Peak to approve the consent agenda. Motion carried. VI. PUBLIC HEARINGS 1. Mayor Adams opened a public hearing to receive comment and Council consideration of an application for an off sale liquor license located at 5120 56tH Avenue North, submitted by Liquor Liquidator 3, Inc. d/b/a Liquor Liquidator 3. City Clerk C. Serres addressed the Council. Mayor Adams opened the public hearing for testimony. There being no one wishing to appear before the Council to give testimony, Mayor Adams declared the public hearing closed. Moved by Council Member Hoffmann and seconded by Council Member Peak to approve the application for an off sale liquor license located at 5120 56th Avenue North submitted by Liquor Liquidator 3, Inc. d/b/a Liquor Liquidator 3, subject to the findings of fact and staff comments listed in Section II of the staff report. Voting aye: Deshler, Hoffmann, Libby, Peak, Selton, Adams, and Budziszewski. Motion carried. 2. Mayor Adams opened a public hearing to receive comment and Council consideration of an application for an off sale liquor license located at 4920 West Broadway, submitted by Eric and Kay Charlson of Tremolo, LLC d/b/a Crystal Wine and Spirits. City Clerk C. Serres addressed the Council. Crystal City Council Meeting Minutes February 5, 2013 2505 VI. PUBLIC HEARINGS CONTINUED Mayor Adams opened the public hearing for testimony. There being no one wishing to appear before the Council to give testimony, Mayor Adams declared the public hearing closed. Applicants Eric and Kay Charlson addressed the Council and answered questions. Moved by Council Member Budziszewski and seconded by Council Member Libby to approve the application for an off sale liquor license at 4920 West Broadway, submitted by Tremolo, LLC d/b/a Crystal Wine and Spirits subject to the findings of fact and staff comments listed in Section II of the staff report. Voting aye: Deshler, Hoffmann, Libby, Peak, Selton, Adams, and Budziszewski. Motion carried. VII. OPEN FORUM No public comment was given during open forum. VIII. REGULAR AGENDA 1. The Council considered the appointment of Leigh Johnson to the Environmental Quality Commission for a three-year term expiring December 31, 2015. Applicant Leigh Johnson addressed the Council. Moved by Council Member Selton and seconded by Council Member Budziszewski to approve the appointment of Leigh Johnson to the Environmental Quality Commission for a three-year term expiring December 31, 2015. Voting aye: Deshler, Hoffmann, Libby, Peak, Selton, Adams, and Budziszewski. Motion carried. 2. The Council considered the appointment of Jeff Kolb to the Human Rights Commission for a three-year term expiring December 31, 2015. Applicant Jeff Kolb addressed the Council. Moved by Council Member Budziszewski and seconded by Council Member Libby to approve the appointment of Jeff Kolb to the Human Rights Commission for a three-year term expiring December 31, 2015. Voting aye: Deshler, Hoffmann, Libby, Peak, Selton, Adams, and Budziszewski. Motion carried. Crystal City Council Meeting Minutes February 5, 2013 2506 VIII. REGULAR AGENDA CONTINUED 3. The Council considered the appointment of Shova Smith to the Human Rights Commission for a three-year term expiring December 31, 2015. Applicant Shova Smith addressed the Council. Moved by Council Member Deshler and seconded by Council Member Budziszewski to approve the appointment of Shova Smith to the Human Rights Commission for a three-year term expiring December 31, 2015. Voting aye: Deshler, Hoffmann, Libby, Peak, Selton, Adams, and Budziszewski. Motion carried. 4. The Council considered civil penalties for the violation of ordinances and laws relating to the illegal sale of alcohol after 8:00 p.m. on Christmas Eve and to an obviously intoxicated person by Robert Enterprises, Inc. d/b/a Red Dragon Liquors located at 5924 West Broadway. A written request was received on behalf of Robert Enterprises, Inc. d/b/a Red Dragon Liquors from Attorney Robert M. Christensen to continue the matter until February 19, 2013. Moved by Council Member Selton and seconded by Council Member Peak to continue the discussion of violation of ordinances and laws relating to the illegal sale of alcohol after 8:00 p.m. on Christmas Eve and to an obviously intoxicated person by Robert Enterprises, Inc. d/b/a Red Dragon Liquors located at 5924 West Broadway until February 19, 2013. Voting aye: Deshler, Hoffmann, Libby, Peak, Selton, Adams, and Budziszewski. Motion carried. 5. The Council considered a resolution approving sidewalk construction as part of the Phase 13 Becker Park Street Reconstruction Project No. 2012-13. Public Works Director/City Engineer T. Mathisen addressed the Council. Sally Huebner, 5400 Georgia Avenue North, addressed the Council regarding a question about sidewalk maintenance responsibilities. Moved by Council Member Peak and seconded by Council Member Budziszewski to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2013 — 08 PHASE 13 BECKER PARK SIDEWALK CONSTRUCTION Crystal City Council Meeting Minutes February 5, 2013 2507 VIII. REGULAR AGENDA CONTINUED Voting aye: Deshler, Hoffmann, Libby, Peak, Selton, Adams, and Budziszewski. Motion carried, resolution declared adopted. 6. The Council considered a resolution revoking no parking on the north side of 54th Avenue and establishing no parking on the south side of 54th Avenue. Public Works Director/City Engineer T. Mathisen addressed the Council. Moved by Council Member Budziszewski and seconded by Council Member Hoffmann to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2013 — 09 RELATING TO PARKING RESTRICTIONS ON 54TH AVENUE NORTH Voting aye: Deshler, Hoffmann, Libby, Peak, Selton, Adams, and Budziszewski. Motion carried, resolution declared adopted. 7. The Council considered a resolution approving plans and specifications and ordering advertisement for bids for Phase 13 Becker Park Street Reconstruction Project No. 2012-13. Public Works Director/City Engineer T. Mathisen addressed the Council. Moved by Council Member Budziszewski and seconded by Council Member Hoffmann to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2013 — 10 APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS PHASE 13 BECKER PARK STREET RECONSTRUCTION PROJECT NO. 2012-13 Voting aye: Deshler, Hoffmann, Libby, Peak, Selton, Adams, and Budziszewski. Motion carried, resolution declared adopted. Crystal City Council Meeting Minutes February 5, 2013 2508 IX. INFORMATION AND DISCUSSION Mayor Adams read the following announcements: a) The Council will hold a work/teambuilding session at 6:00 p.m. Thursday, February 7, in Conference Room A at City Hall. b) City offices will be closed on Monday, February 18, for Presidents' Day. c) Citizen Input Time will be held from 6 — 6:15 p.m. on Tuesday, February 19, in Conference Room A at City Hall. d) The next City Council Meeting begins at 7:00 p.m. on Tuesday, February 19, in the Council Chambers at City Hall. X. ADJOURNMENT Moved by Council Member Budziszewski and seconded by Council Member Deshler to adjourn the meeting. The meeting adjourned at 7:47 p.m. C 1 2 Jim dams, Mayor ATTEST: 1A �1 C Jaw rissy Serre , ity Clerk Motion carried.