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2022.10.03 Meeting MinutesCrystal City Council meeting minutes Oct. 3, 2022 1. Call to Order Pursuant to due call and notice thereof, the regular meeting of the Crystal City Council was held on Oct. 3, 2022 at 7:02 p.m. in the Council Chambers at City Hall, 4141 Douglas Dr. N. in Crystal, MN and via Zoom. 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: Kiser, LaRoche, Parsons, Adams, Budziszewski and Cummings. Council Member Banks was absent. City staff present: City Manager A. Norris, Assistant City Manager K. Therres, Finance Director J. McGann, West Metro Fire -Rescue District Chief S. Larson, Public Works Director M. Ray, Police Chief S. Revering, Community Development Director J. Sutter, City Attorney R. Tierney 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 Kiser to approve the agenda. Motion carried. 3. Consent Agenda The Council considered the following items, which are routine and non -controversial in nature, in a single motion: 3.1 Approval of the minutes from the following meetings: a. The City Council regular meeting on Sept. 20, 2022. b. The City Council regular work session on Sept. 20, 2022. 3.2 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. 3.3 Adoption of Res. No. 2022-89, accepting donations. 3.4 Approval of the non -represented compensation program document. 3.5 Adoption of Res. No. 2022-90, authorizing execution of an agreement with the Minnesota Department of Public Safety for the 2022 Multicultural Adult Driver Education project, Moved by Council Member Budziszewski and seconded by Council Member Cummings to approve the consent agenda. Mayor Adams abstained from the vote. Motion carried. Page 1 of 5 Crystal City Council meeting minutes Oct. 3, 2022 4. Open Forum No public comment was given during open forum. 5. Public Hearings 5.1 Mayor Adams announced the purpose of the public hearing: To receive comment, and Council consideration of a resolution adopting the assessment roll for the 2022 utility reconstruction private sanitary sewer service lining repairs. Public Works Director Mark Ray addressed the Council. There being no one wishing to appear before the Council to give testimony, Mayor Adams declared the public hearing closed. Moved by Council Member Budziszewski and seconded by Council Member LaRoche to adopt the following resolution: RESOLUTION NO. 2022 — 91 ADOPTING THE ASSESSMENT ROLL FOR 2022 UTILITY RECONSTRUCTION PRIVATE SANITARY SEWER SERVICE LINING REPAIRS Voting aye: Kiser, LaRoche, Parsons, Adams, Budziszewski and Cummings. Absent, not voting: Banks. Motion carried, resolution declared adopted. 5.2 Mayor Adams announced the purpose of the public hearing: To receive comment, and Council consideration of a new on -sale liquor license for PurpleRose Lounge Corporation d/b/a PurpleRose Lounge located at 5526 West Broadway. City Clerk Chrissy Serres and applicant Winchell Sherman addressed the Council. There being no one wishing to appear before the Council to give testimony, Mayor Adams declared the public hearing closed. Moved by Council Member Budziszewski and seconded by Council Member Parsons to approve the new on -sale liquor license for PurpleRose Lounge Corporation d/b/a PurpleRose Lounge located at 5526 West Broadway. Voting aye: Kiser, LaRoche, Parsons, Adams, Budziszewski and Cummings. Absent, not voting: Banks. Motion carried, Regular Agenda 6.1 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. Page 2 of 5 Crystal City Council meeting minutes Oct, 3, 2022 Moved by Council Member LaRoche and seconded by Council Member Kiser to approve the list of disbursements over $25,000. Voting aye: Kiser, LaRoche, Parsons, Adams, Budziszewski and Cummings Absent, not voting: Banks. Motion carried. 6.2 The Council received a presentation on the 2023 budget and levies as well as provided an opportunity for public input. Finance Director Jean McGann addressed the Council. The following person addressed the Council regarding the 2023 budget and levies: ■ Steve Kuntz, 3413 Adair Ave. N. No council action required. 6.3 The Council considered civil penalties for violation of liquor license regulations by Cousins, LLC d/b/a Adair Liquor located at 6001 42nd Ave. N. City Clerk Chrissy Serres addressed the Council and provided the staff report. Cousins, LLC representatives Kelli Meyer, store manager, and employee Ethan Gonzalez addressed the Council and requested a formal hearing. Mayor Adams opened the hearing. Ms. Meyer and Mr. Gonzalez provided testimony to the Council regarding the incident. Police Chief Stephanie Revering addressed the Council to provide information regarding the police report. At 7:49 p.m., Mayor Adams continued the hearing to allow the representatives of Cousins, LLC time to review the police report. During the review period, the Council considered the following remaining regular agenda items. 6.4 The Council considered a resolution awarding the contract for pedestrian crossing enhancements at Douglas Dr. N. and 32nd Ave. N. Public Works Director Mark Ray addressed the Council. Moved by Council Member LaRoche and seconded by Mayor Adams to adopt the following resolution: RESOLUTION NO. 2022 — 92 AUTHORIZING THE CONTRACT FOR 32ND AVE AND DOUGLAS DR ENHANCED PEDESTRIAN WARNING SIGNAGE Voting aye: Kiser, LaRoche, Parsons, Adams, Budziszewski and Cummings. Absent, not voting: Banks. Motion carried, resolution declared adopted. Page 3 of 5 Crystal City Council meeting minutes Oct. 3, 2022 6.5 The Council considered a resolution discharging discriminatory restrictive covenants on city - owned land. Community Development Director John Sutter addressed the Council. Moved by Council Member LaRoche and seconded by Council Member Parsons to adopt the following resolution: RESOLUTION NO. 2022 — 93 RESOLUTION DISCHARGING DISCRIMINATORY RESTRICTIVE COVENANTS Voting aye: Kiser, LaRoche, Parsons, Adams, Budziszewski and Cummings. Absent, not voting: Banks. Motion carried, resolution declared adopted. 7. Announcements The Council and staff made announcements about upcoming events. After Council and staff announcements, Mayor Adams reopened the hearing at 7:58 p.m. related tc regular agenda item 6.3 for consideration of civil penalties for violation of liquor license regulations by Cousins, LLC d/b/a Adair Liquor located at 6001 42nd Ave. N. Cousins, LLC managers Syed (Sam) Afzal and Kelli Meyer as well as employee Ethan Gonzalez provided additional testimony to the Council regarding the incident. After receiving additional testimony from Cousins, LLC representatives and city staff, and there being no one else wishing to appear before the Council to give testimony, Mayor Adams closed the hearing. The Council discussed potential penalties for Cousins, LLC d/b/a Adair Liquor for the liquor license violation. 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 $1,500 and a three-day license suspension be imposed in this case. Council Member Cummings seconded the motion. By roll call and voting aye: Budziszewski and Cummings. Voting nay: Kiser, LaRoche, Parsons and Adams. Absent, not voting: Banks. Motion failed. Council Member Parsons 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 $1,500 and no license suspension be imposed in this case. Council Member LaRoche seconded the motion. By roll call and voting aye: Kiser, LaRoche, Parsons, Adams. Voting nay: Cummings and Budziszewski. Absent, not voting: Banks. Motion carried. Page 4 of 5 Crystal City Council meeting minutes Oct. 3, 2022 8, Adjournment Moved by Council Member Budziszewski and seconded by Council Member LaRoche to adjourn the meeting. The meeting adjourned at 8:14 p.m. ATTEST: PIM r yx( Chrissy Serres ity Clerk Ji Adams, Mayor Motion carried. Page 5 of 5