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2018.09.04 Meeting MinutesCrystal City Council meeting minutes 1. Call to Order Sept. 4, 2018 Pursuant to due call and notice thereof, the regular meeting of the Crystal City Council was held on Sept. 4, 2018 at 7 p.m. in the Council Chambers at City Hall, 4141 Douglas Dr. N. in Crystal, Minnesota. Mayor Pro Tem Kolb called the meeting to order. Roll Call Mayor Pro Tem Kolb asked the city clerk to call the roll for elected officials. Upon roll call, the following attendance was recorded: Council members present: Budziszewski, Dahl, Deshler, Kolb, LaRoche and Parsons. Absent: Adams. City staff present: City Manager A. Norris, Assistant City Manager/Human Resources Manager K. Therres, City Attorney T. Gilchrist, Community Development Director J. Sutter, Public Works Director/City Engineer M. Ray, Recreation Director J. Elholm, Police Chief S. Revering and City Clerk C. Serres. Pledge of Allegiance Mayor Pro Tem Kolb 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 LaRoche to approve the agenda. Motion carried. 3. Appearances 3.1 Police Chief Stephanie Revering addressed the Council. Mayor Pro Tem Kolb conducted the swearing-in of Deputy Police Chief Brian Hubbard. Deputy Chief Hubbard addressed the Council. 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 Aug. 21, 2018. b. The City Council work session on Aug. 21, 2018. c. The City Council budget work session on Aug. 23, 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. 2018-100, accepting the following donations: a. $249.21 from donation boxes for Crystal Police K-9 Unit. b. $600 from the Lions Club of Crystal for the Crystal Frolics. 4.4 Approval of an agreement with Hennepin County for the city to be reimbursed for costs related to installation of Accessible Pedestrian Signals at Sherburne Avenue as part of the Bass Lake Road Streetscape project. Page 1 of 5 Crystal City Council meeting minutes Sept. 4, 2018 4.5 Approval of Resolution No. 2018-101, revising the assessment for 5633 Twin Lake Terrace N. Moved by Council Member Parsons and seconded by Council Member Dahl to approve the consent agenda. Motion carried. 5. Open Forum The following person addressed the Council during Open Forum: James Einfeldt-Brown of 6315 55th Ave. N. to thank the city. 6. Public Hearing 6.1 Mayor Pro Tem Kolb announced the purpose of the public hearing: To receive comment and consider a new off -sale liquor license for SUPERVALU, Inc. d/b/a Cub Wine and Spirits located at 530136 th Ave. N. City Clerk Chrissy Serres and a representative from SUPERVALU, Inc. addressed the Council. Mayor Pro Tem Kolb opened the public hearing for testimony. The following persons addressed the Council: Dallas and Christina Cain of 5108 35th Ave. N. — opposed to the opening of a new liquor store. There being no one else wishing to appear before the Council to give testimony, Mayor Pro Tem Kolb declared the public hearing closed. Moved by Council Member Budziszewski and seconded by Council Member Deshler to approve the new off -sale liquor license for SUPERVALU, Inc. d/b/a Cub Wine and Spirits located at 5301 36th Ave. N. Voting aye: Budziszewski, Dahl, Deshler, Kolb, LaRoche and Parsons. Absent, not voting: Adams. 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 LaRoche and seconded by Council Member Parsons to approve the list of disbursements over $25,000. Voting aye: Budziszewski, Dahl, Deshler, Kolb, LaRoche and Parsons. Absent, not voting: Adams. Motion carried. 7.2 The Council considered civil penalties for violation of liquor license regulations by Kneadin' Dough, Inc. d/b/a Broadway Bar & Pizza located at 5632 West Broadway. City Clerk Chrissy Serres addressed the Council. Page 2 of 5 Crystal City Council meeting minutes Sept. 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 $1,500 and a license suspension of three days day be imposed in this case. By roll call and voting aye: Budziszewski, Deshler and Kolb. Voting nay: Dahl, LaRoche and Parsons. Absent, not voting: Adams. Motion failed. Moved by Council Member Parsons and seconded by Council Member Dahl that a penalty of $1,500 and a license suspension of one day day be imposed in this case. Moved by Council Member LaRoche and seconded by Council Member Parsons to amend the above motion from a one day license suspension to a two-day license suspension. By roll call and voting aye: Dahl, Deshler, Kolb, LaRoche and Parsons. Voting nay: Budziszewski. Absent, not voting: Adams. Motion carried. The Council voted on the above amended motion to impose a penalty of $1,500 and a two- day license suspension in this case. By roll call and voting aye: LaRoche and Parsons. Voting nay: Dahl, Deshler, Kolb and Budziszewski. Absent, not voting: Adams. Motion failed. Moved by Council Member Kolb and seconded by Council Member Budziszewski that a penalty of $1,500 and a license suspension of three days day be imposed in this case. By roll call and voting aye: Budziszewski, Dahl, Deshler, Kolb, LaRoche and Parsons. Absent, not voting: Adams. Motion carried. 7.3 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 Chrissy Serres addressed the Council. Moved by Council Member Deshler and seconded by Council Member Budziszewski that based on the staff report, including the findings contained therein, and the other information presented regarding this matter, that a penalty of $1,500 and a license suspension of three days day be imposed in this case. Page 3 of 5 Crystal City Council meeting minutes Sept. 4, 2018 Voting aye: Budziszewski, Dahl, Deshler, Kolb, LaRoche and Parsons. Absent, not voting: Adams. Motion carried. 7.4 The Council considered civil penalties for violation of liquor license regulations by Best Buy International, LLC d/b/a MGM Liquor Warehouse/Crystal located at 6200 56th Ave. N. City Clerk Chrissy Serres addressed the Council. A representative from MGM also addressed the Council. 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 $1,500 and a license suspension of three days day be imposed in this case. Voting aye: Budziszewski, Dahl, Deshler, Kolb, LaRoche and Parsons. Absent, not voting: Adams. Motion carried. 7.5 The Council considered civil penalties for violation of liquor license regulations by Binge Time Marketing Corporation d/b/a Lube Liquor at 5924 West Broadway. City Clerk Chrissy Serres addressed the Council. Moved by Council Member Deshler and seconded by Council Member Budziszewski 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: Budziszewski, Dahl, Deshler, Kolb, LaRoche and Parsons. Absent, not voting: Adams. Motion carried. 7.6 The Council considered resolutions approving the 2019 preliminary property tax levy, HRA levy, and the 2019 — 2020 preliminary budgets. Finance Director Jean McGann 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. 2018 —102 APPROVING 2019 PROPOSED GENERAL FUND BUDGET, 2019 PRELIMINARY PROPERTY TAX LEVY, SET PUBLIC INPUT DATE FOR THE 2019 BUDGET AND PRELIMINARY PROPERTY TAX LEVY AND ACCEPT THE PROPOSED 2020 GENERAL FUND BUDGET Page 4 of 5 Crystal City Council meeting minutes Sept. 4, 2018 Voting aye: Budziszewski, Dahl, Deshler, Kolb, LaRoche and Parsons. Absent, not voting: Adams. Motion carried, resolution declared adopted. RESOLUTION NO. 2018 — 103 APPROVING 2019 PROPOSED ECONOMIC DEVELOPMENT AUTHORITY PROPERTY TAX LEVY Voting aye: Budziszewski, Dahl, Deshler, Kolb, LaRoche and Parsons. Absent, not voting: Adams. Motion carried, resolution declared adopted. 7.7 The Council considered first reading of an ordinance amending Chapter 9 of the Crystal City Code. City Attorney Troy Gilchrist 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: ORDINANCE NO. 2018 — 04 AN ORDINANCE AMENDING CHAPTER IX OF THE CRYSTAL CITY CODE REGARDING PUBLIC SAFETY, INCLUDING EMERGENCY MANAGEMENT, FIRE PREVENTION, ANIMAL CONTROL AND INTOXICATING INHALED SUBSTANCES And further, that the second and final reading will be held on Oct. 2, 2018. Voting aye: Budziszewski, Dahl, Deshler, Kolb, LaRoche and Parsons. Absent, not voting: Adams. Motion carried. 8. Announcements The Council made several announcements about upcoming events. 9. Adjournment Moved by Council Member Budziszewski and seconded by Council Member LaRoche to adjourn the meeting. The meeting adjourned at 8:30 p.m. ATTEST: . N, A- ' fW e22 hrissy Serres Ci y Clerk Page 5 of 5 Motion carried.