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2013.11.19 Meeting MinutesCrystal City Council Meeting Minutes November 19, 2013 2643 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, November 19, 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: Adams, Budziszewski, Deshler, Hoffmann, Libby, Peak, and Selton. STAFF City Manager A. Norris, City Attorney M. Norton, Police Chief S. Revering, Assistant City Manager/Human Resources Manager K. Therres, City Planner J. Sutter, and City Clerk C. Serres. PLEDGE OF ALLEGIANCE Mayor Adams led the Council and audience in the Pledge of Allegiance. II. SWEARING-IN CEREMONY Chief Revering addressed the Council to introduce new Deputy Police Chief Mike Meehan and Police Officers Jake Albers and Bryan Elfstrom. Deputy Chief Mike Meehan and Officers Jake Albers and Bryan Elfstrom were sworn in by Mayor Adams. III. COUNCIL MEETING MINUTES The Council considered the minutes from the following meetings in a single motion: a. The Regular City Council Meeting from November 5, 2013; and b. Two Council Work Sessions from November 5, 2013. Moved by Council Member Selton and seconded by Council Member Peak to approve the above minutes in a single motion. Motion carried. 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; Crystal City Council Meeting Minutes November 19, 2013 2644 IV. CONSENT AGENDA CONTINUED 3. Approval of the 2014 Environmental Brooklyn Park; Health Services Agreement with the City of 4. Approval of a special permit submitted by Olivier Vrambout of L'Etoile Du Nord Cafe to serve wine and beer at Bassett Creek Park on Saturday and Sunday, December 7-8, 2013, from 8:00 a.m. — 4:00 p.m., for 190 guests to attend the Cyclocross bicycle state championship; and 5. Approval of an application to conduct excluded bingo for an event at Neill Elementary on November 22, 2013, submitted by Neill Elementary School Parent Teacher Student Association (PTSA). Moved by Council Member Hoffmann and seconded by Council Member Libby to approve the consent agenda. Motion carried. V. PUBLIC HEARING 1. The Mayor announced the purpose of the Public Hearing: The consideration of a resolution approving a currency exchange renewal license for property located at 127 Willow Bend submitted by EZ Cash Crystal, LLC. City Clerk C. Serres 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 Adams declared the public hearing closed. 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. 2013 — 74 RESOLUTION RELATING TO APPLICATION FOR A CURRENCY EXCHANGE LICENSE AT 127 WILLOW BEND Voting aye: Adams, Budziszewski, Deshler, Hoffmann, Libby, Peak, and Selton. Motion carried, resolution declared adopted. VI. OPEN FORUM No public comment was given during open forum. Crystal City Council Meeting Minutes November 19, 2013 2645 VII. REGULAR AGENDA 1. The Council considered a new private kennel license for property located at 5300 Georgia Avenue North submitted by Laura Flaherty. City Clerk C. Serres addressed the Council. Applicant Laura Flaherty addressed the Council and answered questions. Moved by Council Member Hoffmann and seconded by Council Member Peak to approve the private kennel license for property located at 5300 Georgia Avenue North, submitted by Laura Flaherty. Voting aye: Adams, Budziszewski, Deshler, Hoffmann, Libby, Peak, and Selton. Motion carried. 2. The Council considered second reading and adoption of an ordinance rezoning 5502 West Broadway to C-2 Planned Development (Crystal Gallery Mall). City Planner J. Sutter addressed the Council. Moved by Council Member Selton and seconded by Council Member Libby to adopt the following ordinance: ORDINANCE NO. 2013 — 06 AN ORDINANCE AMENDING THE ZONING MAP TO REZONE PROPERTY LOCATED AT 5502 WEST BROADWAY (CRYSTAL GALLERY MALL) FROM C-2 GENERAL COMMERCIAL TO C-2 GENERAL COMMERCIAL — PLANNED DEVELOPMENT and further, that this is the second and final reading. Voting aye: Adams, Budziszewski, Deshler, Hoffmann, Libby, Peak, and Selton. Motion carried. 3. The Council considered a conditional use permit to allow an 8 foot high fence at 7200 56th Avenue North. City Planner J. Sutter addressed the Council. Moved by Council Member Selton and seconded by Council Member Libby to approve the conditional use permit to allow an 8 foot high fence at 7200 56th Avenue North as recommended by the Planning Commission at its meeting on November 12, 2013, based on findings of fact and subject to the conditions outlined in Section B of the Staff Report. Crystal City Council Meeting Minutes November 19, 2013 2646 VII. REGULAR AGENDA CONTINUED Voting aye: Adams, Budziszewski, Deshler, Hoffmann, Libby, Peak, and Selton. Motion carried. 4. The Council considered first reading of an ordinance amending section 405 to allow multicolor electronic signs. City Planner J. Sutter addressed the Council and answered questions. Moved by Council Member Deshler and seconded by Council Member Peak to adopt the following ordinance as recommended by the Planning Commission at its meeting on November 12, 2013, based on findings of fact and subject to the conditions outlined in Section B of the Staff Report: ORDINANCE NO. 2013 — 07 AN ORDINANCE AMENDING SECTION 405 OF CRYSTAL CITY CODE TO PERMIT MULTICOLOR ELECTRONIC DISPLAYS and further, that the second and final reading will be held on December 3, 2013. By roll call and voting aye: Deshler, Hoffmann, Libby, Peak, and Adams. Voting nay: Budziszewski and Selton. Motion carried. 5. The Council considered administrative civil penalties for city code violations for Cash - N -Pawn International, Ltd., d/b/a Max It Pawn located at 5445 Lakeland Avenue North. Police Chief S. Revering addressed the Council and answered questions. Attorney Aim6e Dayhoff, representing EZCORP, addressed the Council. On behalf of EZCORP, Ms. Dayhoff admitted the violations and answered questions. Moved by Mayor Adams and seconded by Council Member Budziszewski to impose civil penalties of a license suspension of 30 days and a fine of $1,000 for city code violations. Voting aye: Adams, Budziszewski, Deshler, Hoffmann, Libby, Peak, and Selton. Motion carried. 6. The Council considered administrative civil penalties for the violation of ordinances and laws relating to the illegal sale of tobacco to an underage person by Crystal Tobacco located at 122 Willow Bend. Crystal City Council Meeting Minutes November 19, 2013 2647 VII. REGULAR AGENDA CONTINUED City Clerk C. Serres addressed the Council. Moved by Council Member Budziszewski and seconded by Council Member Selton to table Council action regarding administrative civil penalties for the violation of ordinances and laws relating to the illegal sale of tobacco to an underage person by Crystal Tobacco until the December 3, 2013 City Council meeting. By roll call and voting aye: Hoffmann, Libby, Selton, Adams, and Budziszewski. Voting nay: Deshler and Peak. Motion carried. VIII. INFORMATION AND DISCUSSION Mayor Adams read the following announcements: a. The Crystal Business Association meets at 8:30 a.m., Wednesday, November 20, at the Crystal Community Center. b. City Offices will be closed for the Thanksgiving Holiday on Thursday and Friday, November 28 and 29. c. The next City Council Meeting will be at 7:00 p.m. on Tuesday, December 3, in the Council Chambers at City Hall. IX. ADJOURNMENT Moved by Council Member Budziszewski and seconded by Council Member Peak to adjourn the meeting. The meeting adjourned at 8:07 p.m. Ji Adams, Mayr ATTEST: 1 hristina Serres, City Clerk Motion carried.