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2018.12.04 Meeting MinutesCrystal City Council meeting minutes 1. Call to Order Dec. 4, 2018 Pursuant to due call and notice thereof, the regular meeting of the Crystal City Council was held on Dec. 4, 2018 at 7 p.m. in the Council Chambers at City Hall, 4141 Douglas Dr. N. 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 following attendance was recorded: Council members present: Adams, Budziszewski, Dahl, Deshler, Kolb, LaRoche and Parsons. City staff present: City Manager A. Norris, City Attorney T. Gilchrist, Public Works Director/City Engineer M. Ray, Finance Director J. McGann, Recreation Director J. Elholm, Community Development Director J. Sutter, City Planner D. Olson, Police Chief S. Revering and City Clerk C. Serres. Pledge of Allegiance Mayor Adams led the Council and audience in the Pledge of Allegiance. 2. Approval of Agenda The Council considered approval of the agenda. Moved by Council Member LaRoche and seconded by Council Member Parsons to approve the agenda. Motion carried. 3. Appearances 3.1 National Weather Service recognition of Crystal Public Works as a 2018 Ambassador of Excellence for Weather Ready Nation program. 4. Consent Agenda The Council considered the following items, which are routine and non -controversial in nature, in a single motion: 4.1 Approval of the minutes from the following meetings: a. The City Council meeting on Nov. 20, 2018. b. The City Council work session on Nov. 20, 2018. 4.2 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. 4.3 Approval of Resolution No. 2018-145, making a Negative Declaration and not requiring an Environmental Impact Statement (EIS) for the Winnetka Pond Dredging Project. 4.4 Approval of the 2019 regular City Council meeting and work session schedule. 4.5 Approval of Resolution No. 2018-146, making annual insurance elections. 4.6 Approval of Resolution No. 2018-147, extending the term of the Community Outreach Task Force to Dec. 31, 2019 and approval of amended bylaws for the Task Force. Page 1 of 8 Crystal City Council meeting minutes Dec. 4, 2018 4.7 Approval of Resolution No. 2018-148, designating 2019 polling places. 4.8 Approval of Resolution No. 2018-149, amending the 2019 fee schedule. Moved by Council Member Dahl and seconded by Council Member LaRoche to approve the consent agenda. Motion carried. 5. Open Forum No public comment was given during open forum. 6. Public Hearings 6.1 The Mayor announced the purpose of the public hearing: To receive comment and consider a resolution authorizing the sale of 2949 Yukon Ave. N. Community Development Director John Sutter 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 Dahl and seconded by Council Member LaRoche to adopt the following resolution (authorizing the sale to Elin Marco Group with the condition of the wider garage from 20 to 22 feet), the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2018 —150 A RESOLUTION AUTHORIZING THE SALE OF 2949 YUKON AVENUE NORTH FOR NEW HOUSE CONSTRUCTION Voting aye: Adams, Budziszewski, Dahl, Deshler, Kolb, LaRoche and Parsons. Motion carried, resolution declared adopted. 6.2 The Mayor announced the purpose of the public hearing: To receive comment and consider a resolution approving the 2019-2020 budget and property tax and HRA levies and approval of the Long Term Plan. Finance Director Jean McGann addressed the Council. The Mayor opened the public hearing for testimony. The following person addressed the Council: Anurag Shukla of 4000 Jersey Ave. N., regarding property values and taxes. There being no one else wishing to appear before the Council to give testimony, Mayor Adams declared the public hearing closed. Page 2 of 8 Crystal City Council meeting minutes Dec. 4, 2018 Moved by Council Member Kolb and seconded by Council Member Dahl to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2018 —151 RESOLUTION APPROVING 2019 PROPERTY TAX LEVY, 2019 HOUSING AND REDEVELOPMENT AUTHORITY LEVY AND 2019 BUDGET AND ACCEPTING THE 2020 PROPOSED PROPERTY TAX LEVY AND BUDGET Voting aye: Adams, Budziszewski, Dahl, Deshler, Kolb, LaRoche and Parsons. Motion carried, resolution declared adopted. Moved by Council Member Kolb and seconded by Mayor Adams to accept the long-term plan. Voting aye: Adams, Budziszewski, Dahl, Deshler, Kolb, LaRoche and Parsons. Motion carried. 7. Regular Agenda 7.1 The Council considered approval of disbursements over $25,000 submitted by the finance department to the City Council, a list that is on file in the office of the finance department. Moved by Council Member Deshler and seconded by Council Member Budziszewski to approve the list of disbursements over $25,000. Voting aye: Adams, Budziszewski, Dahl, Deshler, Kolb, LaRoche and Parsons. Motion carried. 7.2 The Council considered civil penalties for violation of liquor license regulations by Liquor Liquidator 3, Inc. d/b/a Liquor Liquidator 3 located at 5120 56th Ave. N. City Clerk Chrissy Serres addressed the Council. Moved by Council Member Kolb and seconded by Council Member LaRoche that based on the staff report, including the findings contained therein and the other information presented regarding this matter, that a penalty of $2,000 and a license suspension of 10 days be imposed in this case. Voting aye: Adams, Budziszewski, Dahl, Deshler, Kolb, LaRoche and Parsons. Motion carried. 7.3 The Council considered civil penalties for violation of liquor license regulations by Taqueria EI Jalapeno, LLC d/b/a Taqueria EI Jalapeno located at 6236 56th Ave. N. City Clerk Chrissy Serres and Police Chief Stephanie Revering addressed the Council. Page 3 of 8 Crystal City Council meeting minutes Dec. 4, 2018 Moved by Council Member Budziszewski and seconded by Council Member Kolb that based on the staff report, including the findings contained therein and the other information presented regarding this matter, that a penalty of $750 and a license suspension of one day be imposed in this case. Voting aye: Adams, Budziszewski, Dahl, Deshler, Kolb, LaRoche and Parsons. Motion carried. 7.4 The Council considered civil penalties for violation of tobacco license regulations by Holiday Stationstores, LLC d/b/a Holiday Stationstore #300 located at 5410 Lakeland Ave. N. City Clerk Chrissy Serres addressed the Council. The General Manager of Holiday Stationstore #300 also addressed the Council. Moved by Council Member Kolb and seconded by Council Member Deshler that based on the staff report, including the findings contained therein and the other information presented regarding this matter, that a penalty of $750 be imposed in this case. By roll call and voting aye: Parsons, Adams, Dahl, Deshler and Kolb. Voting nay: LaRoche and Budziszewski. Motion carried 5-2. 7.5 The Council considered civil penalties for violation of tobacco license regulations by Northern Tier Retail, LLC d/b/a Speedway #4187 located at 7818 36th Ave. N. City Clerk Chrissy Serres addressed the Council. Speedway's District Manager and Store Manager also addressed the Council. Council Member Budziszewski made a motion that based on the staff report, including the findings contained therein and the other information presented regarding this matter, that a penalty of $750 and a license suspension of one day be imposed in this case. Motion failed due to lack of a second. Moved by Council Member Deshler and seconded by Council Member LaRoche that based on the staff report, including the findings contained therein and the other information presented regarding this matter, that a penalty of $750 with no license suspension be imposed in this case. By roll call and voting aye: Parsons, Adams, Dahl, Deshler, Kolb and LaRoche. Voting nay: Budziszewski. Motion carried 6-1. 7.6 The Council considered civil penalties for violation of tobacco license regulations by Schwapper, Inc. d/b/a Adair Liquor located at 600142"d Ave. N. City Clerk Chrissy Serres addressed the Council. Page 4 of 8 Crystal City Council meeting minutes Dec. 4, 2018 Moved by Council Member Budziszewski and seconded by Council Member Deshler that based on the staff report, including the findings contained therein and the other information presented regarding this matter, that a penalty of $750 and a license suspension of one day be imposed in this case. By roll call and voting aye: Budziszewski and Deshler. Voting nay: Adams, Dahl, Kolb, LaRoche and Parsons. Motion failed 5-2. Moved by Council Member Parsons and seconded by Council Member Dahl that based on the staff report, including the findings contained therein and the other information presented regarding this matter, that a penalty of $750 with no license suspension be imposed in this case. By roll call and voting aye: Adams, Dahl, Kolb, LaRoche and Parsons. Voting nay: Budziszewski and Deshler. Motion carried 5-2. 7.7 The Council considered a resolution approving a side yard variance at 5224 Hanson Ct. N. City Planner Dan Olson addressed the Council. Applicant/Property Owner Mike Gilbertson also addressed the Council. Moved by Council Member Kolb and seconded by Council Member LaRoche to adopt the following resolution (with the addition of a third option: other staff -approved method of satisfying the applicable parking requirement), the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2018 —152 RESOLUTION APPROVING A VARIANCE FOR 5224 HANSON COURT NORTH Voting aye: Adams, Budziszewski, Dahl, Deshler, Kolb, LaRoche and Parsons. Motion carried, resolution declared adopted. 7.8 The Council considered a resolution approving the plans and specifications and authorizing advertising for bids for the Becker Park park improvement and storm water projects. Recreation Director John Elholm addressed the Council. Moved by Council Member LaRoche and seconded by Council Member Parsons to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2018 —153 APPROVING PLANS AND SPECIFICATIONS AND ADVERTISEMENT FOR BIDS BECKER PARK RE -DEVELOPMENT, PROJECT #2019-03 Voting aye: Adams, Budziszewski, Dahl, Deshler, Kolb, LaRoche and Parsons. Page 5 of 8 Crystal City Council meeting minutes Dec. 4, 2018 Motion carried, resolution declared adopted. 7.9 The Council considered the second reading and resolution authorizing summary publication of an ordinance amending Chapter 12 of the City Code regarding liquor licensing. City Attorney Troy Gilchrist addressed the Council. Moved by Council Member LaRoche and seconded by Council Member Deshler to adopt the following ordinance: ORDINANCE NO. 2018 — 06 AN ORDINANCE REPLACING CHAPTER XII OF THE CRYSTAL CITY CODE And further, that this is the second and final reading. Voting aye: Adams, Budziszewski, Dahl, Deshler, Kolb, LaRoche and Parsons. Motion carried. Moved by Council Member LaRoche and seconded by Council Member Deshler to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2018 —154 RESOLUTION APPROVING SUMMARY LANGUAGE FOR PUBLICATION OF ORDINANCE NO. 2018-06 Voting aye: Adams, Budziszewski, Dahl, Deshler, Kolb, LaRoche and Parsons. Motion carried, resolution declared adopted. 7.10 The Council considered the second reading and resolution authorizing summary publication of an ordinance amending Chapter 13 of the City Code regarding traffic, motor vehicles and other vehicles. City Attorney Troy Gilchrist addressed the Council. Moved by Council Member LaRoche and seconded by Council Member Dahl to adopt the following ordinance: ORDINANCE NO. 2018 — 07 AN ORDINANCE REPLACING CHAPTER XIII OF THE CRYSTAL CITY CODE And further, that this is the second and final reading. Voting aye: Adams, Budziszewski, Dahl, Deshler, Kolb, LaRoche and Parsons. Motion carried. Page 6 of 8 Crystal City Council meeting minutes Dec. 4, 2018 Moved by Council Member LaRoche and seconded by Council Member Dahl to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2018 —155 RESOLUTION APPROVING SUMMARY LANGUAGE FOR PUBLICATION OF ORDINANCE NO. 2018-07 Voting aye: Adams, Budziszewski, Dahl, Deshler, Kolb, LaRoche and Parsons. Motion carried, resolution declared adopted. 7.11 The Council considered the second reading and resolution authorizing summary publication of an ordinance amending Chapter 20 of the City Code regarding misdemeanors. City Attorney Troy Gilchrist addressed the Council. Moved by Council Member LaRoche and seconded by Council Member Dahl to adopt the following ordinance: ORDINANCE NO. 2018 — 08 AN ORDINANCE REPLACING CHAPTER XX OF THE CRYSTAL CITY CODE And further, that this is the second and final reading. Voting aye: Adams, Budziszewski, Dahl, Deshler, Kolb, LaRoche and Parsons. Motion carried. Moved by Council Member LaRoche and seconded by Council Member Dahl to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2018 —156 RESOLUTION APPROVING SUMMARY LANGUAGE FOR PUBLICATION OF ORDINANCE NO. 2018-08 Voting aye: Adams, Budziszewski, Dahl, Deshler, Kolb, LaRoche and Parsons. Motion carried, resolution declared adopted. 7.12 The Council considered the first reading of an ordinance amending sections of Chapter 7 regarding utilities and Chapter 9 regarding animal control. City Attorney Troy Gilchrist addressed the Council. Moved by Council Member Dahl and seconded by Council Member Parsons to adopt the following resolution, the reading of which was dispensed with by unanimous consent: Page 7 of 8 Crystal City Council meeting minutes ORDINANCE NO. 2018 — 09 AN ORDINANCE REVISING CHAPTERS VII AND IX OF THE CRYSTAL CITY CODE And further, that the second and final reading will be held on Dec. 18, 2018. Voting aye: Adams, Budziszewski, Dahl, Deshler, Kolb, LaRoche and Parsons. 8. Announcements The Council made several announcements about upcoming events. Dec. 4, 2018 Motion carried. 9. Adjournment Moved by Council Member Budziszewski and seconded by Council Member Deshler to adjourn the meeting. Motion carried. The meeting adjourned at 9:25 p.m. / "' Jim A ms, Mayor ATTEST: rissy Ser 4 s, # y trerk Page 8 of 8