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2009.07.21 Council Meeting PacketTHE CITY MANAGER’S COMMENTS ARE BOLDED. Crystal City Council Preliminary Agenda & Meeting Schedule July 21, 2009 7:00 P.M. Council Chambers I. CALL TO ORDER, ROLL CALL, AND PLEDGE OF ALLEGIANCE II. Mayor Bowman and Police Chief Banick will conduct the swearing-in ceremony for Police Officer Geoffrey Kusick. SWEARING-IN CEREMONY A reception will be held at 6:15 p.m. in the community room for Officer Kusick. III. The Council will acknowledge the following donation: ACKNOWLEDGEMENTS a. $100 from Neill Elementary School PTSA for the Crystal Police Reserves IV. The Council will consider the minutes from the following meetings: COUNCIL MEETING MINUTES a. Regular City Council Meeting from July 7, 2009, 2009; and b. Two Council Work Sessions from July 7, 2009. V. The Council will consider the following items, which are routine and non-controversial in nature, in a single motion: CONSENT AGENDA 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; and 2. Approval of disbursements over $15,000 submitted by the Finance Director to the City Council, a list that is on file in the office of the Finance Director. V. The Council will receive public comment and consider action on the following items: PUBLIC HEARINGS 1. Water shut offs for noncompliance with water meter conversion project. Part of the water meter replacement process includes notifying residents of potential water shut-off for those properties where we haven’t been able to gain entry to replace the water meter. In order to appeal the shut-off, the notice requires property owners to appear at a hearing before the Council. The notice to the latest group of properties was sent out July 1. At this time, we are not aware of any residents wishing to be heard. Crystal City Council Meeting Agenda July 21, 2009 Page 2 of 5 V. PUBLIC HEARINGS CONTINUED 2. Five-year Capital Improvement Plan As discussed at the July 7 work session, the Council needs to approve a Capital Improvement Plan (CIP) as part of the funding (bonding) with Hennepin County for Crystal’s share of the County Road 81 project. Unfortunately, the public hearing notice for the CIP does not contain all the required information. The public hearing will be re-advertised for the August 3 Council meeting and the Council should continue the public hearing until that time. VI. (Open forum is a time set aside for individuals to address the Council on items not on the regular agenda. Each person is allowed three minutes to speak and no item may be addressed more than 10 minutes. No Council action may be taken during open forum. The Council may place items brought before it during open forum on future meeting agendas and staff reports may be required.) OPEN FORUM VII. 1. The Council will consider appointing Harley Heigel to the Planning Commission representing W ard 1 for a partial term expiring December 31, 2010. REGULAR AGENDA The applicant was interviewed on July 13 and the interview committee is recommending his appointment. 2. The Council will consider a private kennel license at 3517 Quail Ave N submitted by John Lavrenz and May Kio. Animal Control Officer Tom Mahan inspected the property and recommends approval of this private kennel license for 3 cats and 1 dog (rat terrier) at 3517 Quail. Prior to taking action on the kennel license, the Council should take comments from neighbors. 3. The Council will consider a private kennel license at 3026 Jersey Ave N submitted by Lu Spangrud. Animal Control Officer Tom Mahan inspected the property and recommends approval of this private kennel license for 3 dogs (shelties) and 2 cats at 3026 Jersey. Prior to taking action on the kennel license, the Council should take comments from neighbors. Crystal City Council Meeting Agenda July 21, 2009 Page 3 of 5 VII. REGULAR AGENDA CONTINUED 4. The Council will consider a private kennel license at 3527 Kyle Ave N submitted by James Kornmann. Animal Control Officer Tom inspected the property and recommends approval of this private kennel license for 2 dogs (1 chow and 1 chihuahua) and 1 cat at 3527 Kyle. Prior to taking action on this kennel license, the Council should take comments from neighbors. 5. The Council will consider a private kennel license at 4801 Georgia Ave N submitted by Tiffany Betthauser. Animal Control Officer Tom Mahan inspected the property and recommends approval of this private kennel license for three dogs (1 yellow lab and 2 husky/shepherd mixes) at 4801 Georgia. Staff received two anonymous complaints about the overall number of dogs in this block but didn’t complain specifically about this application. Prior to acting on the kennel license, the Council should take comments from neighbors. 6. The Council will consider a resolution authorizing $3,360,000 General Obligation Improvement Bonds, Series 2009A for the Phase 10 Welcome Park Street Reconstruction Project No. 2008-10. A representative from Crystal’s financial advisor, Springsted, will be at the meeting to report on the results of the bond sale for Phase 10. Recommend approval of the resolution. 7. The Council will consider a resolution authorizing MN Public Facilities Authority (MPFA) Total Maximum Daily Load (TMDL) Grant Application. A portion of the construction costs for Twin Oak Pond may be eligible for a grant from the state. In order to submit the application, a Council resolution is necessary. Recommend approval of the resolution. Crystal City Council Meeting Agenda July 21, 2009 Page 4 of 5 VII. REGULAR AGENDA CONTINUED 8. The Council will consider the First Reading of an ordinance amending City Code Section 515.21 and Sections 515.33 through 515.53 pertaining to telecommunications towers. Last year, the Council asked staff and the Planning Commission to reconsider modifications to the city code regarding telecommunications towers. The Baseline ordinance continues the current code restrictions but updates them to fit the land use categories in the updated Comprehensive Plan. The five options beyond the baseline offer additional potential sites (via a Conditional Use Permit) for “stealth” towers: • Option A prohibits towers on any site with a dwelling (whether single family or multi-family) but would allow them at some park/school sites. • Option B-1 is Option A except that it allows towers at park/school sites only if they are at least 10 acres. • Option B-2 is Option A except that it allows towers at park/school sites only if they are at least 15 acres. • Option C-1 provides location options at multi-family residential sites ≥3 acres and additional commercial sites ≥1 acre, but not at any park/school sites. • Option C-2 provides location options at multi-family residential sites ≥5 acres and additional commercial sites ≥2 acres, but not at any park/school sites. At its July 13th meeting the Planning Commission concluded its consideration of this matter and recommended Option C-1 on a 4-2 vote; the two ‘no’ votes preferred C-2. 9. The Council will consider the revocation of a tree trimmer license issued to Forever Green Tree Care, 407 -8th St. SW, Little Falls, Minnesota. Earlier this year, Forever Green Tree Care was approved for a tree trimming license. Staff has determined the license needs to be revoked as the company has not provided the City with these licensing requirements: valid MN tax ID, worker’s compensation insurance and general liability insurance. Forever Green Tree Care has been notified of these omissions and that the Council will be considering revocation of the license on July 21. Unless Forever Green Tree Care can produce the required documents; recommend approval of revoking the license, effective immediately. Crystal City Council Meeting Agenda July 21, 2009 Page 5 of 5 IX. a) The Crystal Frolics will be held July 23-26 at Becker Park. Visit the city website to find the event’s scheduled at INFORMAL DISCUSSION AND ANNOUNCEMENTS .ci.crystal.mn.us and click on Seasonal Highlights. b) The next City Council Meeting will be at 7:00 p.m. on Monday, August 3 in the Council Chambers at City Hall. c) The City Council will conduct a budget work session on Thursday, August 6 at 7:00 p.m. in the Community Room at City Hall. d) Minnesota Night to unite (an alternative to National Night Out) will be held on Tuesday, August 4. To obtain an event registration form, visit the city’s website at .ci.crystal.mn.us and click on Seasonal Highlights. Or, call Gail at (763) 531-1118. X. ADJOURNMENT XI. MEETING SCHEDULE ON JULY 21, 2009 a) 6:00 – 6:30 p.m. Citizen Input Time in the Conference Room A b) 6:15 p.m. Police Reception in the Community Room c) 6:30 – 6:45 p.m. Council Work Session in Conference Room A to discuss proposed precinct boundaries d) 6:50 - 6:55 p.m. Special EDA Meeting in the Council Chambers e) 7:00 p.m. Regular City Council Meeting in the Council Chambers Have a great weekend; see you Tuesday! _____________________________________________________________________ FROM: Tom Mathisen, Public Works Director & City Engineer ____________________________________________________________________ TO: Anne Norris, City Manager (for July 21 Council Meeting) DATE: July 17, 2009 RE: Authority to Apply for Grant and Execute Contract The City’s proposed Twin Oak Pond Project will reduce the amount of nutrients entering the Twin Lake chain. The Project has been evaluated by the MN PCA and been found to meet the preliminary requirements necessary to apply for TMDL grant funds. The attached resolution is required by the Minnesota Public Facilities Authority, the agency managing the grant funds. The resolution authorizes the City to apply for grant funds and to enter into a contract should the grant be awarded and the City chooses to accept the grant funds. It is recommended that the Council adopt the attached resolution. Respectfully submitted, Thomas Mathisen City Engineer/DPW COUNCIL STAFF REPORT MN Public Facilities Authority TMDL Grant Application RESOLUTION NO 2009 - ____ AUTHORIZING CITY OF CRYSTAL TO SUBMIT A TOTAL MAXIMUM DAILY LOAD (TMDL) GRANT APPLICATION AND TO EXECUTE A GRANT AGREEMENT WITH MN PUBLIC FACILITIES AUTHORITY (PFA) WHEREAS, the City Manager’s office has reviewed and recommends approval of said authority; and WHEREAS, under the provisions contained in MN Statues 446A.073, the TMDL grant program was created and funds appropriated; and WHEREAS a TMDL study has been approved by the U.S.E.P.A., and the MN P.C.A. has determined the Twin Oak Pond Project is necessary to meet the wasteload reductions required by the TMDL for Twin Lakes and Ryan Lake. NOW, THEREFORE, BE IT RESOLVED by the Crystal City Council that the City of Crystal has the legal authority to apply for the grant, and the financial, technical, and managerial capacity to ensure the proper construction, operation and maintenance of the project for its design life; AND FURTHER, that upon approval of its application by the PFA, the City of Crystal may enter into an agreement with the PFA for the above referenced project, and that the City of Crystal certifies that it will comply with all applicable laws and regulations as stated in all contract agreements described in the Compliance listing of the grant application; AND FURTHER, that the Mayor and City Manager, or their successors in office, are hereby authorized to execute such agreements, and amendments thereto, as are necessary to implement the above project on behalf of the City of Crystal. Adopted by the Crystal City Council this 21st day of July 2009. _______________________________ ReNae J. Bowman, Mayor ATTEST: ___________________________ Janet Lewis, City Clerk