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2017.04.19 Meeting MinutesCity Council meeting minutes 4141 Douglas Dr. N., Crystal, MN 55422-1696 763-531-1000 • Fax: 763-531-1188 • www.crystalmn.gov April 19, 2017 1. 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 April 19, 2017 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, Deshler, Kolb, LaRoche and Parsons. Absent: Dahl. City staff present: City Manager A. Norris, Assistant City Manager/Human Resources Manager K. Therres, Public Works Director/City Engineer M. Ray, City Planner D. Olson, Recreation Director J. Elholm, Police Chief S. Revering, City Attorney T. Gilchrist 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 Parsons and seconded by Council Member Deshler to approve the agenda. Motion carried. 3. Appearances 3.1 Police Chief S. Revering addressed the Council and Mayor Adams conducted the swearing in of Police Officer Steven Parker. 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 regular City Council meeting on April 4, 2017. b. The regular City Council work sessions on April 4, 2017. c. The regular City Council work session on April 13, 2017. Page 1 of 9 City Council meeting minutes April 19, 2017 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. 2017-50, accepting the following donations: a. $1,000 from Maxwell Aircraft Service, Inc. for Crystal Airport Open House. b. $3,282 from VFW Post 494 for Crystal K-9 Unit. Moved by Council Member LaRoche and seconded by Council Member Parsons to approve the consent agenda. Motion carried. 5. Open Forum The following person addressed the Council: • Janet Reusch, 6500 40th Ave N, regarding trash in Hagemeister Park. 6. Public Hearing 6.1 The Mayor announced the purpose of the public hearing: To receive comment for Phase 16 street reconstruction special assessments and consider a resolution to adopt assessments. Public Works Director/City Engineer M. Ray addressed the Council. The city received the following written objections: • James LaPointe, 5649 Quail Ave. N. • Marsha McMurdo and Stoney Jackson, 6000 Quail Ave. N. • Jordan Obermiller, 4718 57th Ave. N. • Richard Rostamo, 6014 Lakeland Ave. N. The Mayor opened the public hearing for testimony. The following persons addressed the Council: • Tom Mathisen, former Crystal Public Works Director/City Engineer commented on the positive aspects of street reconstruction. • Duane Baltus, 6300 Lombardy, regarding cost of project/assessment and trees in relation to sanitary sewer. • Tom Ruen, 5731 Regent Ave. N., regarding curb replacement. • Nick Obermiller, 4718 57th Ave. N., regarding cost of project/assessment. • Tiffany Kovaleski, 5626 57th Ave. N., regarding previous sewer replacement and a tree on the property. • Robert Johnson, 5612 Regent Ave. N., regarding property value concerns. • Patricia Anderson, 6313 Lombardy Ln., regarding cost of project/assessment. • Cheryl Mattison, 5824 Quail Ave. N., regarding traffic routes in the project area. • Wayne Remer, 5630 Quail Ave. N., regarding cost of project/assessment. Page 2 of 9 City Council meeting minutes April 19, 2017 • Marjorie Keith, 5641 Quail Ave. N., regarding cost of project/assessment and trees in relation to sanitary sewer. • Garrett Bothun, 5655 Xenia Ave. N., regarding cost of project/assessment. There being no one else wishing to appear before the Council to give testimony, Mayor Adams declared the public hearing closed. Moved by Council Member Kolb and seconded by Council Member Parsons to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2017 — 51 ADOPTING ASSESSMENT ROLL FOR PHASE 16 SKYWAY PARK NEIGHBORHOOD STREET RECONSTRUCTION PROJECT #2016-16 Voting aye: Adams, Budziszewski, Deshler, Kolb, LaRoche and Parsons. Absent, not voting: Dahl. Motion carried, resolution declared adopted. 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 LaRoche and seconded by Council Member Parsons to approve the list of disbursements over $25,000. Voting aye: Adams, Budziszewski, Deshler, Kolb, LaRoche and Parsons. Absent, not voting: Dahl. Motion carried. 7.2 The Council considered a resolution for a variance for a detached garage at 5809 Rhode Island Ave. N. City Planner D. Olson addressed the Council. Moved by Council Member Budziszewski and seconded by Council Member Deshler to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2017 — 52 RESOLUTION APPROVING A VARIANCE FOR 5809 RHODE ISLAND AVENUE NORTH Page 3 of 9 City Council meeting minutes April 19, 2017 Voting aye: Adams, Budziszewski, Deshler, Kolb, LaRoche and Parsons. Absent, not voting: Dahl. Motion carried, resolution declared adopted. 7.3 The Council considered approval of the Joint Powers Agreement between the City of Crystal and the State of Minnesota Bureau of Criminal Apprehension on behalf of the city's prosecuting attorney. Police Chief S. Revering addressed the Council. Moved by Council Member Parsons and seconded by Council Member LaRoche to approve the Joint Powers Agreement between the City of Crystal and the State of Minnesota Bureau of Criminal Apprehension on behalf of the city's prosecuting attorney. Voting aye: Adams, Budziszewski, Deshler, Kolb, LaRoche and Parsons. Absent, not voting: Dahl. Motion carried. 7.4 The Council considered a resolution authorizing the Phase 16 Joint Powers Agreement with Brooklyn Park. Public Works Director/City Engineer M. Ray 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: T���Aij7I�P P L�) �►. �i7� I fia.�c3 AUTHORIZE JOINT POWERS AGREEMENT BETWEEN THE CITY OF CRYSTAL AND THE CITY OF BROOKLYN PARK FOR PROJECT #2016-16 PHASE 16 STREET RECONSTRUCTION Voting aye: Adams, Budziszewski, Deshler, Kolb, LaRoche and Parsons. Absent, not voting: Dahl. Motion carried, resolution declared adopted. 7.5 The Council considered bids and a resolution awarding the contract for the Phase 16 street reconstruction project. Public Works Director/City Engineer M. Ray addressed the Council. Moved by Council Member Deshler and seconded by Council Member LaRoche to adopt the following resolution, the reading of which was dispensed with by unanimous consent: Page 4 of 9 City Council meeting minutes RESOLUTION NO. 2017 — 54 AWARDING CONTRACT FOR PHASE 16 SKYWAY PARK NEIGHBORHOOD STREET RECONSTRUCTION PROJECT #2016-16 April 19, 2017 Voting aye: Adams, Budziszewski, Deshler, Kolb, LaRoche and Parsons. Absent, not voting: Dahl. Motion carried, resolution declared adopted. 7.6 The Council considered a resolution awarding the construction services contract for the Phase 16 street reconstruction project. Public Works Director/City Engineer M. Ray addressed the Council. Moved by Council Member Budziszewski and seconded by Council Member LaRoche to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2017 — 55 AWARDING CONSTRUCTION SERVICES CONTRACT FOR PHASE 16 SKYWAY PARK NEIGHBORHOOD STREET RECONSTRUCTION PROJECT #2016-16 Voting aye: Adams, Budziszewski, Deshler, Kolb, LaRoche and Parsons. Absent, not voting: Dahl. Motion carried, resolution declared adopted. 7.7 The Council considered a resolution awarding the materials testing contract for Phase 16 street reconstruction and 2017 alley construction projects. Public Works Director/City Engineer M. Ray addressed the Council. Moved by Council Member LaRoche and seconded by Council Member Budziszewski to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2017 — 56 APPROVING CONSTRUCTION MATERIALS TESTING SERVICES CONTRACT FOR 2017 STREET AND ALLEY RECONSTRUCTION PROJECTS Voting aye: Adams, Budziszewski, Deshler, Kolb, LaRoche and Parsons. Absent, not voting: Dahl. Motion carried, resolution declared adopted. Page 5 of 9 City Council meeting minutes April 19, 2017 7.8 The Council considered bids and a resolution awarding the contract for the 2017 alley reconstruction project. Public Works Director/City Engineer M. Ray addressed the Council. Moved by Council Member Parsons and seconded by Council Member Kolb to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2017 — 57 AWARD CONTRACT FOR ALLEY RECONSTRUCTION PROJECT PROJECT #2017-07 Voting aye: Adams, Budziszewski, Deshler, Kolb, LaRoche and Parsons. Absent, not voting: Dahl. Motion carried, resolution declared adopted. 7.9 The Council considered civil penalties for violation of liquor license regulations by Tremolo LLC d/b/a Crystal Wine and Spirits located at 4920 West Broadway. City Clerk C. Serres and Police Chief S. Revering addressed the Council. Crystal Wine and Spirits Owner Eric Charlson appeared before the Council and answered questions. Moved by Council Member Kolb and seconded by Council Member Deshler to impose a penalty of $1,500 and a license suspension of one day based on the staff report, including the findings contained therein, and the other information presented regarding this matter. By roll call and voting aye: Deshler, Kolb, LaRoche, Parsons and Adams. Voting nay: Budziszewski. Absent, not voting: Dahl. Motion carried 5-1. 7.10 The Council considered civil penalties for violation of liquor license regulations by Blazin Wings, Inc. d/b/a Buffalo Wild Wings #69 located at 5590 West Broadway. City Clerk C. Serres addressed the Council. Crystal Buffalo Wild Wings General Manager Matthew Wheeler appeared before the Council and answered questions. Moved by Council Member Kolb and seconded by Mayor Adams to impose a penalty of $250 with no license suspension based on the staff report, including the findings contained therein, and the other information presented regarding this matter. By roll call and voting aye: Kolb, Adams and Deshler. Page 6 of 9 City Council meeting minutes April 19, 2017 Voting nay: LaRoche, Parsons and Budziszewski. Absent, not voting: Dahl. Motion failed 3-3. Moved by Council Member Budziszewski to impose a penalty of 750 and a license suspension of one day based on the staff report, including the findings contained therein, and the other information presented regarding this matter. Motion failed for lack of a second. Moved by Council Member Deshler and seconded by Council Member Parsons to impose a penalty of $750 with no license suspension based on the staff report, including the findings contained therein, and the other information presented regarding this matter. By roll call and voting aye: LaRoche, Parsons, Adams, Deshler and Kolb. Voting nay: Budziszewski. Absent, not voting: Dahl. Motion carried 5-1. 7.11 The Council considered civil penalties for violation of liquor license regulations by Chipotle Mexican Grill of Colorado LLC d/b/a Chipotle Mexican Grill #764 located at 5608 West Broadway. City Clerk C. Serres addressed the Council. Chipotle Service Manager Jesus Sanvoba appeared before the Council. Moved by Council Member Parsons and seconded by Council Member Deshler to impose a penalty of $750 with no license suspension based on the staff report, including the findings contained therein, and the other information presented regarding this matter. By roll call and voting aye: Parsons, Adams, Deshler, Kolb and LaRoche. Voting nay: Budziszewski. Absent, not voting: Dahl. Motion carried 5-1. 7.12 The Council considered civil penalties for violation of liquor license regulations by EI Pajaro, Inc. d/b/a EI Loro Mexican Restaurant located at 99 Willow Bend. City Clerk C. Serres addressed the Council. EI Loro Manager Oscar Rivera appeared before the Council. Moved by Council Member Deshler and seconded by Council Member Parsons to impose a penalty of $750 with no license suspension based on the staff report, including the findings contained therein, and the other information presented regarding this matter. Page 7 of 9 City Council meeting minutes April 19, 2017 By roll call and voting aye: Adams, Deshler, LaRoche and Parsons. Voting nay: Budziszewski and Kolb. Absent, not voting: Dahl. Motion carried 4-2. 7.13 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 C. Serres addressed the Council. Moved by Council Member Parsons and seconded by Council Member LaRoche to impose a penalty of $750 with no license suspension based on the staff report, including the findings contained therein, and the other information presented regarding this matter. By roll call and voting aye: Deshler, LaRoche, Parsons and Adams. Voting nay: Budziszewski and Kolb. Absent, not voting: Dahl. Motion carried 4-2. 7.14 The Council considered civil penalties for violation of liquor license regulations by Best Buy Beverage International LLC, d/b/a MGM Liquor Warehouse/Crystal located at 6200 56th Ave. N. City Clerk C. Serres addressed the Council. Moved by Council Member LaRoche and seconded by Council Member Kolb to impose a penalty of $750 with no license suspension based on the staff report, including the findings contained therein, and the other information presented regarding this matter. By roll call and voting aye: Kolb, LaRoche, Parsons and Adams. Voting nay: Budziszewski. Abstained, not voting: Deshler. Absent, not voting: Dahl. Motion carried 4-1. 8. Announcements The Council made several announcements about upcoming events. 9. Adjournment Moved by Council Member Deshler and seconded by Council Member LaRoche to adjourn the meeting. The meeting adjourned at 9:07 p.m. Page 8 of 9 Motion carried. City Council meeting minutes ATTEST: Chrissy Serre City Clerk Page 9 of 9 Jim dams, Mayor April 19, 2017