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2014.04.17 Council Meeting Packet4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Te]: ('763) 53l -1000 • Fax: ('763) 53l -1188 • www.crystalmn.gov �� r�� ►�� r�� Posted: April ll, 2014 City Council Meeting Packet for Thursday, April 17, 2014 MEETING SCI3EDULE ,,,,,,,,,,,,,,,,,,,<<,,,,,,,,,,,,,,,,,,,,,r. t t. I I , s i;�i�; i i i i.�i�;�i i i�i�;�i� �;�i� i .�i�;�i i i�;�i i t !,. f r t k; . ..t.t t �s.ri�.rt�.rt�.rt�.rt } .n s s„s„s s s.�s.,,�s .,,.s.,,.s s„ s.,.<, s s--.s.,.�s s s.�s.,,�s s-,�r .�.rt�.rt�r ..t:t.rt. ..t.t�.t.t.t., ,.E2 ( . ( . tt. .�ii4�.,,r ( . ( . ( . ( . ( t .tY 1 1 .l...l. 1 1 .l...l. i.,l...l.� l. 5. :WFI 1 .l...l. 1 1 .l...l. 1 5 ..t A .( . . J i t ,�F.. ,.r(,. ( r( �..�.; .f� t � � �,z�,z�,z�,z�s �l. .1,,: c. .z�,z�,z�,z�,z�,z� �lr t.. .t3 .S. .z.t. f,...i, rras i,,.. ,,� .S. i:i i i i i i i z:t,i 1 4 i,i i i i i G t: rf a, � n.fit,. f{,.t c�t..: �„�, � tt #.. tt t t t t t t. t=„ I�I �I �I �I I ft t. "� t.tf. i.t. t ct, .i,.i,.i,.i,.i ks a= �. s , t, .}.i,.i,.i,.i,.i . t: saJ f'� ��.yI. 2. .t� 3. { � ».t { . .. a. . � `�. i , l. } r � ..i, {� :.t .. 4s � �t�. �. 1. .� s . �,. .,t, , t, t : s �,i . .,t . t. .�:.>f .t. � �} 1i.�.. ..� � t: t..t. t i4 <=,i�, t.�. 1 1 r�.. t. ..t.. 7i> ��..t, }.t>> Ys .}}?..t�;�{ itr ,? . 2! t.��tl t iza. t..t�itt 2{ 2£)is,{,. t i tt ;tt? t r, i ;: r#..2{ 2£) £):i:s s}{ t{?s...f F t t.1y}.jiJt 1�,�fru.iS;, �t.�§�t,.,.zi:t,�< (7ar��..t,' � ,�.i�..,>�1�,� 8.i s'�.r,,,t�fJ}}.,�<'?,t�r��,itt�i..ai�k� rr �,�i.-,�.,�, ��,. I'�Y,"��".�� i, ,i.7,, �{ .:71a��r<, ;��:r�.� � t�tFz �J�,. .ti,,,s �.s�,'S� + si, � 6- 6:30 p.m. Citizen Input Time Conference Room A 6:45 p.m. EDA Special Meeting Council Chambers 7:00 p.m. Regular City Council Meeting Council Chambers Council Work Session to discuss: Immediately after . Crystal Police Department Annual Report the Regular City Conference Room A Council Meeting • Commission liaisons reports/updates Au�ilia�y aids are available upon request to individuals with disabilities by calling the City Cle�k at (763) 531-1145 at lea�st 96 hours in advance. TTY users may call Minnesota Relay at 711 or 1-800-627-3529. AGENDA ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF CRYSTAL • SPECIAL MEETING • THURSDAY, APRIL 17, 2014 6:45 P.M. CRYSTAL CITY HALL COUNCIL CHAMBERS 1. Call to order 2. Roll call 3. Consider approval of minutes from the April 1, 2014 regular meeting * 4. PUBLIC HEARING: Consider a resolution authorizing the sale of a lot at 5332 50tn Avenue North to Novak-Fleck for construction of a new house * 5. Consider a resolution awarding the sale of, and providing the form, terms, covenants and directions for the issuance of the $1,011,175 taxable tax increment revenue note, Series 2014 of the Economic Development Authority of the City of Crystal for The Cavanagh Senior Apartments 6. Other business 7. Adjournment * Materials attached 04/09/14 G:\EDAWgendas�2014\04.17.docx Minutes of the Crystal Economic Development Authority Regular Meeting April 1, 2014 President Deshler called the regular meeting of the Crystal Economic Development Authority to order at 6:50 p.m. Upon call of the roll, the following members were present: Jim Adams, John Budziszewski, Julie Deshler, Mark Hoffmann, Laura Libby, Casey Peak and Joe Selton. The following staff inembers were present: Anne Norris, Executive Director; John Sutter, City Planner/Assistant Community Development Director; and Michael Norton, City Attorney. Motion by Commissioner Hoffmann (Adams) to approve the minutes from the March 18, 2014 special meeting. Motion carried. The EDA considered tentative acceptance of a proposal from Novak-Fleck to purchase a lot at 5332 SOt�' Avenue North for construction of a new house. Motion by Commissioner Budziszewski (Hoffmann) to tentatively accept a proposal from Novak-Fleck to purchase a lot at 5332 50`�' Avenue North for construction of a new house. Motion carried. Motion by Commissioner Budziszewski (Libby) to adjourn the regular meeting. Motion carried. The meeting adjourned at 6:56 p.m. Julie Deshler, President ATTEST: Mark Hoffmann, Vice President '�-CITY�of-� :CRYSTAL EDA STAFF REPORT PUBLIC HEARING 5332 50t" — Sale of Lot to Novak-Fleck FROM: John Sutter, City Planner/Assistant Community Development Director r�� DEPARTMENT HEAD REVIEW: Patrick Peters, Community Development Director DATE: TO: April 10, 2014 Anne Norris, Executive Director (for April 17, 2014 EDA meeting) SUBJECT: PUBLIC HEARING: Consider a resolution authorizing the sale of lot at 5332 50t" Avenue North to Novak-Fleck for construction of a new house On April 1 the EDA tentatively accepted a proposal from Novak-Fleck to purchase the lot at 5332 50t" Avenue North for $45,000. Novak-Fleck has a Minnesota Residential Building Contractor license with no enforcement actions. The house would be a split entry with an attached two car garage. It would have 1,237 sq. ft. on the upper level, with an open living-dining-kitchen area, three bedrooms and two bathrooms. Itwould also have 1,144 unfinished sq. ft. on the lower level, which could be finished in the future with two bedrooms, a bathroom, laundry room and very large family room. The size and floor plan would be very similar to 3556 Welcome (completed December 2013) and 4720 Douglas Dr (currently under construction). Lot sale closing and construction start are anticipated by the end of April, with house completion in summer 2014. The builder has a buyer for the house. The proposal meets city code and is in conformance with the EDA's lot sale guidelines. In this particular case, the guidelines include the EDA agreeing to install new w�ter and sewer stubs, relocate a fire hydrant and create a curb cut on 50t". The cost of this work was included in the project budget when the EDA purchased the site from Hennepin County in fall 2012. The proposed resolution, 2012 aerial photo, site sketch and house plan are attached. REQUESTED EDA ACTION: After holding the public hearing and receiving any testimony, consider adopting the attached resolution authorizing the property sale. Page 1 of 1 ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF CRYSTAL HENNEPIN COUNTY STATE OF MINNESOTA RESOLUTION NO. 2014- A RESOLUTION AUTHORIZING THE SALE OF 5332 50T" AVENUE NORTH FOR NEW HOUSE CONSTRUCTION WHEREAS, the Economic Development Authority of the City of Crystal ("the EDA") is the owner of 5332 50t" Avenue North, legally described as Lot 2, Block 1, Crystal Economic Development Authority Fifth Addition, Hennepin County, Minnesota ("the Property"); and WHEREAS, the EDA has solicited proposals from builders who desire to purchase the Property from the EDA and construct thereon a new single family house; and WHEREAS, the EDA has reviewed and accepted the proposal from Novak-Fleck. NOW, THEREFORE, BE IT RESOLVED that the EDA authorizes the sale of the Property to Novak-Fleck. BE IT FURTHER RESOLVED that the sale shall be completed in accordance with the terms of the Purchase and Redevelopment Agreement in substantially the form on file in City Hall, and that the President and Deputy Executive Director are hereby authorized to sign said Agreement and other documents required to complete the sale of the Property to Novak-Fleck. Adopted this day of � Julie Deshler, President Anne Norris, Executive Director ti � � ) u `�l -----____.----�`A.-�-_;,C�-..=,�_.� ; o F '-}�- t , �> 073.5 `` l � v r• _..__ OC < _"' - � _ tr..��_-'-____-_ -_-120.00-..__ m P�e 3sg �1� � -�_...--- �� C 87A.2 !y� {( � 'd' � a � . � \\ t`�C /\' ' S � � " 877.5 � , � � ° 4 + gdrdge /loor . . , �34A . � e 872.9 � � 87 j'8 top loundabon � 673, f � � i � � � Ad,/o�mng Owner: � �� i�, ' ' � eo� loo�eanon / -,�tOry �r'amE Michae! Weeks ` � � �y �' � ,\ Q a73.o y 2 No.5329 " 5329 Corvafl�s A ��e�� i� O � ".' F � \ Crystal. 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PTb. s�mws EDA STAFF REPORT ��Tt.�� Resolution awardinq the issuance of a tax increment CRYSTAL ' revenue note for The Cavanaqh FROM: Patrick A. Peters, Deputy Executive Director TO: Anne Norris, Executive Director (for April 17, 2014 EDA Meeting) DATE: April 9, 2014 RE: Consider a resolution awarding the sale of, and providing the form, terms, covenants and directions for the issuance of the $1,011,175 taxable tax increment revenue note, Series 2014 of the Economic Development Authority of the City of Crystal (for The Cavanagh Apartments project) BACKGROUND On December 18, 2012, the EDA approved Resolution #2012-28 authorizing execution of a Contract for Private Redevelopment with Crystal Leased Housing Associates I, Limited Partnership [Dominium Entity], and awarding the sale of, and providing the form, terms, covenants and directions for the issuance of its $1,011,175 taxable tax increment revenue note for construction of The Cavanagh Apartments. The resolution now under consideration ratifies the approval of the TIF note and provides the final terms and conditions of issuance. The EDA is obligated under the Contract to issue a TIF note in the amount of $1,011,175 to finance the costs of construction of the minimum improvements. Because a new TIF district was not created for The Cavanagh project, the agreement stipulates that payments on the note will come from available increment in the existing Lamplighter TIF District (Housing District 2155), and the EDA will enforce the existing contracts for two projects in that district to ensure the increment continues to be collected. The EDA also funds a one-year debt service reserve on the note using existing Lamplighter TIF funds. The subject TIF note is in addition to the Housing Revenue Bonds that will be issued by the City. RECOMMENDATION Staff requests approval of the resolution awarding the sale of, and providing the form, terms, covenants and directions for the issuance of the $1,011,175 taxable tax increment revenue note, Series 2014 of the Economic Development Authority of the City of Crystal. ATTACHMENT A. Resolution awarding the sale of, and providing the form, terms, covenants and directions for the issuance of the $1,011,175 taxable tax increment revenue note, Series 2014 of the Economic Development Authority of the City of Crystal. ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF CRYSTAL RESOLUTION NO. RESOLUTION AWARDING THE SALE OF, AND PROVIDING THE FORM, TERMS, COVENANTS AND DIRECTIONS FOR THE ISSUANCE OF THE $1,011,175 TAXABLE TAX INCREMENT REVENUE NOTE, SERIES 2014 OF THE ECONOMIC DEVELOPMENT AUTHORITY BE IT RESOLVED BY the Board of Commissioners (the "Board") of the Economic Development Authority of the City of Crystal (the "Authority") as follows: Section 1. Authorization; Award of Sale. 1.01. Authorization. The City of Crystal (the "City") and the Authority have heretofore approved the establishment of Tax Increment Financing District No. 4(the "TIF District") within Redevelopment Project No. 1(the "Project"), and have adopted a tax increment financing plan for the TIF District to finance certain improvements within the Project. Pursuant to Minnesota Statutes, Section 469.178, the Authority is authorized to issue and sell its bonds for the purpose of financing a portion of the public redevelopment costs of the Project. Such bonds are payable from all or any portion of revenues derived from the TIF District and pledged to the payment of the bonds. The Authority previously approved the Contract for Private Redevelopment between the Authority and Crystal Leased Housing Associates I, Limited Partnership (the "Redeveloper"), as amended by a First Amendment thereto dated as of October 1, 2013, a Second Amendment thereto dated as of November 19, 2013, and a Third Amendment thereto dated as of March 18, 2014 (as so amended, the "Agreement"), and found that it was in the best interests of the Authority that it issue its $1,011,175 Taxable Tax Increment Revenue Note, Series 2013 (the "Note") pursuant to the terms of the Agreement for the purpose of financing certain public costs of the Project. The Authority hereby ratifies its iinding and determination that it is in the best interests of the Authority to issue the Note, the designation of which is hereby modified to "Series 2014." 1.02. Revenue Bonds. In accordance with the Agreement, the Redeveloper expects to finance a senior housing facility within the Project in part through issuance by the City of its Subordinate Multifamily Housing Revenue Bonds (The Cavanagh Project), Series 2014B (the "Series 2014B Bonds"), which bonds are one of a series of Housing Revenue Bonds as defined in the Agreement. Redeveloper further expects to pledge the Note to the trustee for the Series 2014B Bonds as additional collateral, as further described herein. 1 439281v5 CR150-199 1.03. Issuance and Terms of the Note. The Note shall be issued to Crystal Leased Housing Associates I, LLLP (also referred to herein as the "Owner"), shall be delivered on the date of issuance of the Series 2014B Bonds, and shall be dated as of that date. The Note shall bear interest at the rate 5.0% per annum, accrued from the "Accrual Date," which term means the date Redeveloper has certified, and the Authority has approved, Qualified Costs in at least the principal amount of the Note, all in accordance with Sections 3.8(e) and (�(i) of the Agreement. Section 2. Form of Note. The Note shall be in substantially the following form, with the blanks and payment schedule (Exhibit A) to be properly filled in and the principal amount adjusted as of the date of issue. The payment schedule assumes that interest accrues commencing August 1, 2014; upon determination of the actual interest accrual date, the payment schedule shall be adjusted accordingly. [The remainder of this page is intentionally blank.] 2 439281v5 CR150-199 No. R-1 UNITED STATE OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPiN ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF CRYSTAL TAX 1NCREMENT REVENUE NOTE, SERIES 2014 $1,011,175 Rate: 5.0% Date: , 2014 The Economic Development Authority of the City of Crystal (the "Authority") for value received, certifies that it is indebted and hereby promises to pay to Crystal Leased Housing Associates I, LLLP or registered assigns (the "Owner"), the principal sum of $1,011,175 with interest thereon at the rate of 5.0% per annum, as and to the extent set forth herein. This Note is issued pursuant to the Contract for Private Redevelopment between the Authority and Crystal Leased Housing Associates I, Limited Partnership dated as of December 18, 2012, as amended by a First Amendment thereto dated as of October 1, 2013, a Second Amendment thereto dated as of November 19, 2013, and a Third Amendment thereto dated as of March 18, 2014 (as so amended, the "Agreement"). Capitalized terms not otherwise defined herein have the meaning provided in the Agreement. 1. Pavments. Principal shall be paid in semi-annual installments (the "Payments") on each February 1 and August 1, commencing August 1, 2016 and concluding no later than February l, 2026 (the "Payment Dates") in the amounts set forth in Exhibit A hereto, but solely from the sources set forth in Section 3 herein. Payments are payable by mail or wire transfer to the address of the Owner or such other address as the Owner may designate upon thirty (30) days written notice to the Authority. Payments on this Note are payable in any coin or currency of the United States of America which, on the Payment Date, is legal tender for the payment of public and private debts. Payments shall be applied first to accrued interest and second to outstanding principal. 2. Available Tax Increment. The Authority shall pay on each Payment Date to the Owner the lesser of the Available Tax Increment and the payment due on that date as set forth in E�ibit A, together with deferred amounts, if any, as set forth below. To the extent that on any Payment Date the Authority is unable to make the total scheduled payment due as a result of its having received as of such date insufficient Available Tax Increment, the Authority shall: first apply any tax deficiency amounts that were collected under the TIF Contract and are available as of such Payment Date; and 3 439281v5 CR150-199 second transfer from the Reserve Fund established pursuant to the Resolution as hereinafter defined (the "Reserve Fund"), any amount needed to cover the deficiency, to the extent of funds remaining the Reserve Fund. If, after application of the above amounts, the Authority has insufficient funds to make the full scheduled payment due on such Payment Date, the amount of such deficiency shall be deferred and shall be paid, with interest thereon at the rate of interest on this Note, on the next Payment Date on which the Authority has available to it Available Tax Increment in excess of the amount necessary to make the scheduled payment due on such Payment Date. Payments on this Note are payable on each Payment Date solely from and in the amount of "Available Tax Increment," which shall mean, on each Payment Date, ninety percent (90%) of the Tax Increment attributable to Tax Increment Financing District No. 4(the "TIF District") that is paid to the Authority by Hennepin County in the six (6) months preceding the Payment Date. If on any Payment Date, amounts described in the previous sentence are insufficient to pay the principal and interest then due on this Note, and the Authority collects any tax deficiency under either or both of the TIF Contracts for the same tax-payable year that was the source of the Tax Increment for the subject payment on this Note, then the Authority shall treat such tax deficiency as Available Tax Increment. The Authority will apply any such TIF Contract tax deficiency amount to the payment due on the next Payment Date (prior to any transfer from the Reserve Fund on such Payment Date). The Authority shall have no obligation to pay principal of this Note or interest thereon on each Payment Date from any source other than Available Tax Increment and the failure of the Authority to pay the entire amount due on any Payment Date shall not constitute a default hereunder as long as the Authority pays principal and interest hereon to the extent of Available Tax Increment or transfers from the Reserve Fund. The Authority shall have no obligation to pay unpaid balance of principal or accrued interest that may remain after the final payment on February 1, 2026 except from Available Tax Increment attributable to property taxes paid in the 2025 or any prior years. 3. Interest. Interest accruing from the Accrual Date (as defined in the Resolution described in Section 6 below) through and including February 1, 2016 shall compounded semiannually on February 1 and August 1 of each year and added to principal. Interest shall be computed on the basis of a year of 360 days and twelve 30- day months. The payment schedule attached as Exhibit A assumes the Accrual Date is August 1, 2014, and incorporates the compounding described in this paragraph; provided that if the Accrual Date is other than August 1, 2014, the payment schedule in Exhibit A shall be adjusted accordingly. 4. Default. Upon an Event of Default by the Redeveloper under the Agreement, the Authority may exercise the remedies with respect to this Note described in Section 9.2 of the Agreement, the terms of which are incorporated herein by reference. 4 439281v5 CR150-199 5. No Pre�ayment. This Note is issued with no option of prepayment. 6. Nature of Obli a�. This Note is in the total principal amount of $1,011,175 issued to aid in financing certain public redevelopment costs and administrative costs of a Project undertaken by the Authority pursuant to Minnesota Statutes, Sections 469.001 through 469.047, and is issued pursuant to the Agreement and an authorizing resolution (the "Resolution") duly adopted by the Authority on April 17, 2014, and pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Sections 469.174 to 469.179. This Note is a limited obligation of the Authority which is payable solely from Available Tax Increment pledged to the payment hereof under the Resolution, together with amounts available in the Reserve Fund. This Note shall not be deemed to constitute a general obligation of the State of Minnesota or any political subdivision thereof, including, without limitation, the Authority. Neither the State of Minnesota, nor any political subdivision thereof shall be obligated to pay the principal of this Note or other costs incident hereto except out of Available Tax Increment, and neither the full faith and credit nor the taxing power of the State of Minnesota or any political subdivision thereof is pledged to the payment of the principal of this Note or other costs incident hereto. 7. Registration and Transfer. This Note is issuable only as a fully registered bond without coupons. As provided in the Resolution, and subject to certain limitations and exceptions set forth therein, this Note is transferable upon the books of the Authority kept for that purpose at the principal office of the City Finance Director, by the Owner hereof in person or by such Owner's attorney duly authorized in writing, upon surrender of this Note together with a written instrument of transfer satisfactory to the Authority, duly executed by the Owner. Upon such transfer or exchange and the payment by the Owner of any tax, fee, or governmental charge required to be paid by the Authority with respect to such transfer or exchange, there will be issued in the name of the transferee a new Note of the same aggregate principal amount, maturing on the same dates. Except as otherwise provided in the Resolution, this Note shall not be transferred to any person other than an affiliate, or other related entity, of the Owner unless the Authority has been provided with an opinion of counsel or a certificate of the transferor, in a form satisfactory to the Authority, that such transfer is exempt from registration and prospectus delivery requirements of federal and applicable state securities laws. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions, and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen, and to be performed in order to make this Note a valid and binding limited obligation of the Authority according to its terms, have been done, do exist, have happened, and have been performed in due form, time and manner as so required. 5 439281v5 CR150-199 IN WITNESS WHEREOF, the Board of Commissioners of the Authority has caused this Note to be executed with the manual signatures of its President and Executive Director, all as of the Date of Original Issue specified above. ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF CRYSTAL President Executive Director 6 439281v5 CRI50-199 REGISTRATION PROVISIONS The ownership of the unpaid balance of the within Note is registered in the bond register of the City Finance Director, in the name of the person last listed below. Signature of Date of Registration Registered Owner City Finance Director , 2014 Crystal Leased Housing Associates I. LLLP 7 439281v5 CR150-199 EXHIBIT A TO TAX INCREMENT REVENUE NOTE, SERIES 2014 ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF CRYSTAL Pavment Date Principal Interest Total Pavment [To be completed at the time of issuance of the Note.] (End of Note Form) Section 3. Terms, Execution and Delivery. 3.01. Denomination, Pa�. The Note shall be issued as a single typewritten bond numbered R-1. The Note shall be issuable only in fully registered form. Principal of the Note shall be payable by check or draft issued by the Registrar described herein. 3.02. Payment Dates. Principal of the Note shall be payable by mail or wire transfer to the owner of record thereof as of the close of business on the fifteenth day of the month preceding the Payment Date, whether or not such day is a business day. 3.03. Registration. The Authority hereby appoints the City Finance Director to perform the functions of registrar, transfer agent and paying agent (the "Registrar"). The effect of registration and the rights and duties of the Authority and the Registrar with respect thereto shall be as follows: (a) Re ig ster. The Registrar shall keep at its office a bond register in which the Registrar shall provide for the registration of ownership of the Note and the registration of transfers and exchanges of the Note. (b) Transfer of Note. Upon surrender for transfer of the Note duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form reasonably satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, a new Note of a like aggregate principal amount and maturity, as requested by the transferor. Notwithstanding the foregoing, the Note shall not be transferred to any person other than an affiliate, or other related entity, of the Owner unless the Authority has been 8 439281v5 CRI50-199 provided with an opinion of counsel or a certiiicate of the transferor, in a form satisfactory to the Authority, that such transfer is exempt from registration and prospectus delivery requirements of federal and applicable state securities laws. The Registrar may close the books for registration of any transfer after the fifteenth day of the month preceding each Payment Date and until such Payment Date. The provisions of this paragraph do not apply in the event the Owner assigns this Note solely as a collateral pledge as security for a lender in connection with financing or refinancing of the Minimum Improvements. (c) Cancellation. The Note surrendered upon any transfer shall be promptly cancelled by the Registrar and thereafter disposed of as directed by the Authority. (d) Improper or Unauthorized Transfer. When the Note is presented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Note or separate instrument of transfer is legally authorized. The Registrar shall incur no liability for its refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (e) Persons Deemed Owners. The Authority and the Registrar may treat the person in whose name the Note is at any time registered in the bond register as the absolute owner of the Note, whether the Note shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of such Note and for all other purposes, and all such payments so made to any such registered owner or upon the owner's order shall be valid and effectual to satisfy and discharge the liability of the Authority upon such Note to the extent of the sum or sums so paid. ( fl Taxes, Fees and Charges. For every transfer or exchange of the Note, the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee, or other governmental charge required to be paid with respect to such transfer or exchange. (g) Mutilated, Lost, Stolen or Destroyed Note. In case any Note shall become mutilated or be lost, stolen, or destroyed, the Registrar shall deliver a new Note of like amount, maturity dates and tenor in exchange and substitution for and upon cancellation of such mutilated Note or in lieu of and in substitution for such Note lost, stolen, or destroyed, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case the Note lost, stolen, or destroyed, upon filing with the Registrar of evidence satisfactory to it that such Note was lost, stolen, or destroyed, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance, and amount satisfactory to it, in which both the Authority and the Registrar shall be named as obligees. The Note so surrendered to the Registrar shall be cancelled by it and evidence of such cancellation shall be given to the Authority. If the mutilated, lost, stolen, or destroyed Note has already matured or been called for redemption in accordance with its terms, it shall not be necessary to issue a new Note prior to payment. 9 439281v5 CR150-199 3.04. Preparation and Delivery. The Note shall be prepared under the direction of the Executive Director and shall be executed on behalf of the Authority by the signatures of its President and Executive Director. In case any officer whose signature shall appear on the Note shall cease to be such officer before the delivery of the Note, such signature shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. When the Note has been so executed, it shall be delivered by the Executive Director to the Owner thereof in accordance with the Agreement. Section 4. Security Provisions. 4.01. Pled�e. The Authority hereby pledges to the payment of the principal of and interest on the Note all Available Tax Increment as defined in the Note. Available Tax Increment shall be applied to payment of the principal of and interest on the Note in accordance with the terms of this Section and the form of Note set forth in Section 2 of this resolution. 4.02. Debt Service Fund. Until the date the Note is no longer outstanding and no principal or interest thereon (to the extent required to be paid pursuant to this resolution) remains unpaid, the Authority shall maintain a separate "Debt Service Fund" to be used for no purpose other than the payment of the principal and interest on the Note. The Authority irrevocably agrees to deposit in the Debt Service Fund, at least three business days before each Payment Date, Available Tax Increment in the amount of the scheduled payment then due. Any Available Tax Increment remaining in the Debt Service Fund shall be transferred to the Authority's account for the TIF District upon the termination of the Note in accordance with its terms. 4.03. Reserve Fund. Until the date the Note is no longer outstanding and no principal or interest thereon (to the extent required to be paid pursuant to this resolution) remains unpaid, the authority shall maintain a separate "Reserve Fund." Upon the date of issuance of the Note, the Authority shall deposit in the Reserve Fund the amount required under the Agreement. On any Payment Date under the Note on which Available Tax Increment is insufficient to pay the amount then due, the Authority shall (after first applying any TIF Contract tax deficiency amounts then available) transfer funds from the Reserve Fund to the Debt Service Fund in the amount necessary to cure the deficiency (or such lesser amounts then on deposit in the Reserve Fund). The Authority shall have no obligation to replenish the Reserve Fund after any transfer. The Authority may invest funds in the Reserve Fund at its discretion, and interest earnings on the Reserve Fund are payable to the Authority. Section 5. Certification of Proceedin�s. 5.01. Certification of Proceedin�s. The officers of the Authority are hereby authorized and directed to prepare and furnish to the Owner of the Note certified copies 10 439281v5 CR150-199 of all proceedings and records of the Authority, and such other affidavits, certificates, and information as may be required to show the facts relating to the legality and marketability of the Note as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates, and affidavits, including any heretofore furnished, shall be deemed representations of the Authority as to the facts recited therein. Section 6. Collateral Assignment. The Authority approves the Consent and Agreement (the "Consent") between the Authority and U.S. Bank National Association (the "Trustee"), under which the Authority consents to assignment by the Owner of the Note to the Trustee as additional security for the Series 2014B Bonds. The Authority President and Executive Director are authorized and directed to execute the Consent in substantially the form on file in City Hall, subject to modifications that do not affect the substance of the transaction and are approved by those officials, provided that execution by those officials is conclusive evidence of their approval. Section 7. Effective Date. This resolution is effective upon adoption. 11 439281v5 CR150-199 Adopted this 17th day of April, 2014. ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF CRYSTAL President ATTEST: Executive Director 12 439281v5 CR150-199 THE CITY MANAGER'S COMMENTS ARE BOLDED. �i�� ar��il 1i��ir�g r �i i April 17, 2014 7:00 p.m. Council Chambers I. CALL TO ORDER ROLL CALL AND PLEDGE OF ALLEGIANCE II. SWEARING-IN CEREMONY* The Mayor will swear-in Police Officer Eric Derner. III. PROCLAMATIONS 1. Mayor Adams will read a proclamation declaring April 1 �, 2014 as Carter Zirbes Day in the City of Crystal. 2. Mayor Adams will read a proclamation declaring May 7, 2014 as Arbor Day in the City of Crystal. IV. BOARD OF APPEA� AND EQUALIZATION MEETING* Mayor Adams will recess the Regular City Council Meeting to reconvene as the Board of Appeal and Equalization to do the following: a. Receive the report from Hennepin County Assessing Division regarding appeals made to market valuations from property owners on April 1, 2014; b. Take action on each appealed property and approve the 2014 Assessment Roll; and c. Adjourn the Board of Appeal and Equalization Meeting and reconvene the Regular City Council Meeting. Assessing staff will report back on the appeals received at the April 1 meeting. V. COUNCIL MEETING MINUTES The Council will consider the minutes from the following meetings in a single motion: a. The Regular City Council Meeting from April 1, 2014; b. The Council Work Session from April 1, 2014; and c. The Council Work Session from April 10, 2014. Crystal City Council Meeting Agenda April 17, 2014 VI. CONSENT AGENDA The Council will consider the following items, which are routine and non-controversial in nature, in a single motion: 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; 2. Approval of disbursements over $25,000 submitted by the Finance Director to the City Council, a list that is on file in the office of the Finance Director; 3. Approval of a special permit to serve wine and beer at the Crystal Community Center on Saturday, April 19, 2014, from 7:00 — 11:30 p.m., for 400 guests to celebrate the Lao New Year, submitted by Special Events Catering dba Chuckwagon Catering; and 4. Acceptance of Sandy Schraut's resignation from the Human Rights Commission. VII. REGULAR AGENDA 1. The Council will consider a resolution authorizing the issuance, sale, and delivery of revenue bonds relating to The Cavanagh Apartments project; and approving the form of and authorizing the execution and delivery of certain documents relating to the revenue bonds. Developers of the Cavanagh Apartment project will be using revenue bonds to finance the project. Council approval of the resolution authorizing the issuance, sale, delivery, form and execution of bond documents is required. 2. The Council will consider civil penalties for the violation of ordinances and laws relating to the illegal sale of alcohol to an underage person by MGM Liquor Warehouse located at 6200 56t" Avenue North. MGM failed a liquor compliance check on Tuesday, October 8, 2013. An employee of the store pled guilty to the charge of the illegal sale to a minor. This violation is deemed a first violation according to City Code Section 1200.35. Consistent with the City Code and past practice, recommend a one-day license suspension and a$750 civil fine, with the city clerk determining the dates of the suspension and payment of the fine. 3. The Council will consider civil penalties for the violation of ordinances and laws relating to the illegal sale of tobacco to an underage person by Cub Foods located at 5301 36t" Avenue North. Cub Foods failed a tobacco compliance check on Tuesday, October 8, 2013. An employee of the store pled guilty to the charge of the illegal sale to a minor. This violation is deemed a first violation according to City Code Section 1137.11. Consistent with the City Code, recommend a one-day license suspension and a civil fine up to $750, with the city clerk determining the dates of the suspension and payment of the fine. Page 2 of 4 Crystal City Council Meeting Agenda April 17, 2014 4. The Council will consider civil penalties for the violation of ordinances and laws relating to the illegal sale of tobacco to an underage person by Liquor Liquidator 3 located at 5120 56t" Avenue North. �iquor Liquidator 3 failed a liquor compliance check on Tuesday, October 8, 2013. An employee of the store pled guilty to the charge of the illegal sale to a minor. This violation is deemed a first violation according to City Code Section 1137.11. Consistent with the City Code, recommend a one-day license suspension and a civil fine up to $750, with the city clerk determining the dates of the suspension and payment of the fine. VI11. OPEN FORUM (Open forum is a time for individuals in the audience to address the Council on subjects not on the regular Council agenda. lndividuals are asked to step up to the podium and speak clearly into the microphone. You are allowed 3 minutes to make your comments and no items may be addressed more than ten minutes. The Council will not take action on items discussed during open forum or discuss matters under pending or threatened litigation; however, the Council may add the item to a future meeting agenda and ask city staff for follow-up. No comments will be taken during tonight`s Open Forum regarding the Ramirez matter or Officers Watt and Erkenbrack or other current employees. The Council is well aware of the issues and concerns of inembers of the community group, Communities United Against Police Brutality and Crystal residents. The group's members have attended many city council meetings and have been in contact by telephone, email and written letter. The city has responded many times to requests for information. The city will provide any public information available in the future. Citizens are invited to communicate with city staff or the Mayor and Council by email or letter about this or any other topic.) . � •�u_ •� _►� � •� a) The next City Council Meeting begins at �:00 p.m. on Tuesday, May 6, in the Council Chambers at City Hall. b) Reminder — Citizen Input Time is taking a break from May — August but the Mayor and Councilmembers are still available by phone, email or to meet. c) The Human Rights Commission will be hosting a speaker named Ellen Kennedy who will present "Genocide: Never Again must mean Never" on Monday, April 28t" from 7:00 — 8:00 p.m. F:�_\�11L�1�1:7�I►�I�I�� XI. MEETING SCHEDULE ON APRIL 17 2014 Page 3 of 4 Crystal City Council Meeting Agenda April 17, 2014 , � f , r 4 }u.,. .+..� i .., .0 .0 <+'.. t t .{. ..iiiii "iii 'iiii".:+:. t.t f. ,€: f F. .�., t. f. f.., ,�r . . ct' �' s a', ;' t '.� i,2 ., f t j)�,i� .�s �,i��i j ; }j. }j. } } } . }j. }, ) � f .3 t . }j. }j. }j }j. }j. }(, } t ( t, # r it.: rS t„ . i„,,:, f <<I t. 1 <<l�. t .t }., < l. .k r t�.� t� �. t...s Y n":i":i t..t. t. r. �zi i.i:i:i !. 1 i , J. }, t� r,{ ii i i i i i �t- > r ii � rz, ��t.��,, 3 S i��t s,t t. )t �,t};}( } if s ir t� .s. r t .i i� x s s. t r. t)r )r )r )r ). i � � c rr 1 r. i s 1 r.� t . t. 1�. a� l. 3 . t .i .i .i .i �{ } ., ,5. . i tr �.4.; t.. t. „a t.. f ..,f. . £'� � � p � t . .�.�, i � ...t.. . 1�. Jiti {{ !: 9 �i t t iti { . t1 �.1 t.,. t :5 � �. 1 ,..r �.i v t. r, �� # i at..,s :ti £t .G i G c �i .�. t .i £.c.. .� t.. yt .2. S�.` t. f, } f :..3 �. s. 1, t, b.4-< � i'�, 3. t. d� .t ..#., t� U r. '{k. � �r, ,{,( �3, ,.� ,.t..7 ..f ;t. .i.{...t {..i. i. }t .,s�� .i, 4. *c;�>,r. �t.�. . �it Z.�.:s.. .t}It �.4�r, s ti},.if.�;{,tskt��},t �,�.,z; ,c��1.� �kt,S��,,:,�`��zs �4„}✓m,t,4c �4,��af,.1{i,rss,� ��,.t..�f, ,r�rz�..�{�4} ,d3i,y��z�sfe> rr��r?�.-a� ,�ltE3t,5�.,��?� �.�;,�'`Si�rr�vlj,}}�{„�',�,;{. }��S�i�t��;P��fi7fi,ff};,�i�s��`t.'A',� 6- 6:30 p.m. Citizen Input Time Conference Room A 6:45 p.m. EDA Special Meeting Council Chambers 7:00 p.m. Regular City Council Meeting Council Chambers Council Work Session to discuss: Immediately after • Crystal Police Department Annual the Regular City Report Conference Room A Council Meeting • Commission liaisons reports/updates* * Denotes no supporting information included in the packet. Have a great weekend! See you at Thursday's meeting. Page 4 of 4 WNEREAS, WNEREAS, WHEREAS, 4I41 Dou�las Drive North • Crystal, Minnesota 55422-1696 Tel: (763} 531-1000 • Fax: (763) 531-ll88 � www.ci.crystal.znn.us • • � � t � ' � . . . ' � � . � � � � . Carter Zirbes is a resident of Crystal and is 10 years ald; and Carter Zirbes is campaigning to raise money for the Miracles of Mitch foundation which supports families with children battling cancer; and in 2012, Carter Zirbes raised mare than $11,000 for the Miracles of Mitch foundatian; and WHEREAS, in 2013, Carter Zirbes had a goal of raising more than $15,000 for the Miracles of Mitch foundation by participating in the Miracl� Kids Triathalons and exceeded his goal by raising $17,500; and WNEREAS, in 2014, Carter Zirbes has a goal of raising $20,000 for the Miracles of Mitch Foundation by participating in the Miracle Kids Triathalans on August 2 and 16; and . . WHEREAS, Carter Zirbes is dedicated to the Miracles of Mitch foundatian because his brother Axel has leukemia; and brother Axel has completed his chemo treatments and wili be participating in the Miracle Kids Triathalons this year with his brother, Carter Zirbes. NOW, THEREFORE, I, Jim Adams, as Mayor of the City of Crystal, do hereby proclaim that: 1. April 17, 2014 is Carter Zirbes Day in the city of Crystal; and 2. The cammunity is invited to support Carter Zirbes' goal of raising funds for the Miracles of Mitch Foundation (www.miraciesofmitch.orq ); and 3. Carter Zirbes is thanked far his commitment to his family and the greater community. Dated this 17th day of Aprii, 2014. Jim Adams, Mayor �� 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 � �+��v�� _�� TeL• (763) 531-1000 • Fax: ('763) 531-1188 • www.crystalmn.gov � � �_ � � � �. :� ��.�$�� 4 � � �g�p� �'h" V V' � ^-g-+ ^�^ � � ' T�1.:.�+3 f-l�� t1. V l 3..�L., i.r� �I-VtYL.1V 1 4l� � ��.✓V1Y1.�lJ1YE ' � � ENRICHING C?UR L,N�� ITH 1�IATCJftAL. BEAU A1�IL� A � � �EN�E 4�° VSI�LL-BEINC; A1�I� � � ��i��A�, TFiEES PROVIDE �H�LT�R A1�D V1�ILDLIFE HAF3ITAT9 � � R�DU�� EF2C�SI�1� AND FLC�t�DING, AND PLAY AI�I � � I1�1fPf�RTANT �2C.�L� IN TI-�E FUNGTIC�NING C}F HEI�LTHY � � WATER�NEI�� AND C�TI-��F� �iATURAL �YSTEIVI�; AND � � � � 9 °THFiEAT� T� '�1"REE �-IEALT�-I, SUGI-� AS DI aEASEs, � � L��TRLIGTIVE II�I�EGT�, A D I�QLL,UTIC3I�I, 1ViU�T B� � � MA1�iAGE1� AND MCC:3DERATEI�; AND � � � � , T`NE I C�F RYSTAL, ISHE� Tt� PRC� �T� GR�A°T�R � � A AREN�� F` Tf-iE Tl�'�ES II�I OUR �t�MM�.J I � � F'C�R��T, Ai`�II� TQ �.F�'I�iM TI-[� �I`TY'� �C�MIVII'T"�1I�i�T TO � � il-I�IF� C�R� A1�iD 1VI�l�IAG�NI�N"1". � � � � � � , , I, ,.�I DAiVt�, AYt:? ��" TN� � t��" F-�Y�TAL,, � � DC� N�F2�BY PRU�LAIM Y, '� II�I TI-�� l OF � � GRY�TAL. � � � � � � � � � � � � .�1M DA �, AY�JR � � � � � Crystal City Council Meeting Minutes April 1, 2014 2706 I. 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 Tuesday, April 1, 2014 at 7:00 p.m. in the Council Chambers at 4141 Douglas Drive in Crystal, Minnesota. Mayor Adams called the meeting to order. Il! :• �� Mayor Adams asked the city clerk to call the roll for elected officials. Upon roll call, the city clerk recorded the following attendance: COUNCI� Present: Deshler, Hoffmann, Libby, Peak, Selton, Adams, and B STAFF City Manager A. Norris, City Attorney M. Norton, Public Works Director T. Mathisen,'Police Lieutenant D. Leslin, and City Clerk C. Serres. OTHER: Hennepin County Appraisers Melissa Bickman, Josh Hogland, Mary �aRose, and Tammy Schumacher. PLEDGE OF ALLEGIANCE Mayor Adams led the Council and audience in RECESS REGULAR CITY COl APPEAL AND EQUALIZATION Moved by Mayor Adams and City Council meeting and cor I�[NI�►�il Voting aye: Deshler, Hoffmann, Lil as Pledge of Allegiance. '�►�/��1�_F.'��:I�c�il_1:��Z�7� cil Member Selton to recess the regular 3oard of Appeal and Equalization. Iton, Adams, and Budziszewski. Motion carried. Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, the Crystal City Council convened as a Board of Appeal and Equalization at 7:ti2 p.m. on April 1, 2014, at 4141 Douglas Drive, Crystal, Minnesota, to hear appeals regarding the estimated market value or classification of properties and discuss the 2014 Assessment Roll. Hennepin County Appraiser Tammy Schumacher presented to the Council. Mayor Adams opened the public hearing and asked for public comment. The following residents appealed the estimated market value or classification on their property: 1. Matthew Osborn, 6423 31 St Avenue North 2. Teresa Bricher, 4556 Maryland Avenue North Crystal City Council Meeting Minutes April 1, 2014 II. BOARD OF APPEAL AND EQUALIZATION MEETING CONTINUED 3. Lisa Hathey, 3160 Yukon Avenue North 4. Alan Mendenhall, 6528 44t" Avenue North 5. �ynn Dutcher, 3438 Yates Avenue North � There being no one else wishing to address the Board of Appeal and Equalization, Mayor Adams declared the public hearing closed to new appeals. 2707 Moved by Council Member Hoffmann and seconded by Council Member Peak to direct the county assessors to review the five appealed properties and prepare a report to the City Council for final action of taxes and values on Thursday, April 17, 2014. Voting aye: Deshler, Hoffmann, Libby, Peak, Selton, Adams, and B Moved by Council Member Deshler and seconded by � approve the 2014 Assessment Roll as presented by H includes the eleven properties listed in the provided ac Moved by Council Member Deshler adjourn the Board of Appeal and E� Council meeting at 7:16 p.m. � ber Budziszewski to nty Assessors, which � .l� : .� - � . Motion carried. ;d by Council Member Budziszewski to eeting and reconvene the Regular City ton, Adams, and Budziszewski. Motion carried. minutes from the following meetings in a single motion: ' City Council Meeting from March 18, 2014; and Work Session from March 18, 2014. Moved by Council Member Peak and seconded by Council Member Budziszewski to approve the above minutes in a single motion. Motion carried. Crystal City Council Meeting Minutes April 1, 2014 2708 IV. CONSENT AGENDA The Council considered the following items, which are routine and non-controversial in nature, in a single motion: 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; 2. Approval of disbursements over $25,000 submitted by the Finance Director to the City Council, a list that is on file in the office of the Finance Director; 3. Approval of lawful gambling application for an exempt permit to conduct bingo, raffles, and pull-tabs at 7301 Bass �ake Road for a church festival August 1- 3, 2014, submitted by the Church of St. Raphael; 4. Approval of a solicitation license for Terrance Hautala of Custom Remodefers, Inc. to go door-to-door in Crystal through December 31, 2014, offering free estimates and scheduling appointments for home improvement projects; 5. Approval of Resolution No. 2014-25 establishing a Precinct 3 in the City of Crystal; and 6. Approval of Resolution No. 2014-26 closi #1Tax Increment Financing District. Moved by Council Member Hoffmann to approve the consent agenda. V. PUBLIC HEARING The Mayor announced The considerati Moved by Council r continue the h�arin � � place for Ward 3, Replacement District by Council Member Budziszewski Motion carried. arpose of #he Public Hearing: �tit�n regarding liquor license fee increases. ber Budziszewski and seconded by Council Member Deshler to a future Council meeting to ensure proper notification to all ler, Hoffmann, �ibby, Peak, Selton, Adams, and Budziszewski. Motion carried. VI. REGULAR AGENDA 1. The Council considered a resolution awarding contract for Council Chambers AV and Lighting Rehabilitation Project No. 2013-19. Public Works Director T. Mathisen addressed the Council and answered questions. Crystal City Council Meeting Minutes April 1, 2014 VI. REGULAR AGENDA CONTINUED Moved by Council Member Hoffmann and seconded by Council Member Peak to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2014 — 27 CONSIDERING BIDS AND AWARDING CONTRACT COUNCI� CHAMBERS A/V & �IGHTING UPGRADE PROJECT #2013-19 1• Voting aye: Deshler, Hoffmann, Libby, Peak, Selton, Adams, and Budziszewski. Motion carried, resolution declared adopted. 2. The Council considered a resolution establishing dates and offices for the 2014 municipal election. City Clerk C. Serres addressed the Council. Moved by Council Member Peak and seconded by Council Member Budziszewski to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 20�4 — 28 A RESOLUTION ESTABLISHING DATES AND OFFICES FOR THE 20'14 MUNICIPAL ELECTION Voting aye: Deshler, Hoffmann, Libby, Peak, Selton, Adams, and Budziszewski. VII. OPEN FORUM No public comr � �. • carried, resolution declared adopted. �as giuen during open forum. by Council Member Selton and seconded by Council Member Budziszewski to the previous minutes to reflect an abstention by Council Member Selton. �ye: Deshler, Hoffmann, Libby, Peak, Selton, Adams, and Budziszewski. Motion carried. � •:��_ •� _� � � •� Mayor Adams read the following announcements: a) The City Council will hold a work session on Thursday, April 10t" at 7:00 p.m. in Conference Room A at Crystal City Hall. Crystal City Council Meeting Minutes April 1, 2014 2710 VI11. INFORMATION AND DISCUSSION CONTINUED b) The Crystal Business Association meets on Wednesday, April 16, at 8:30 a.m. in the Community Room at City Hall, the meeting is hosted by Almsted's Fresh Market. c) Citizen Input Time will be held from 6— 6:30 p.m. on Thursday, April 17 in Conference Room A at City Hall. d) The next City Council Meeting begins at 7:00 p.m. on Thursday, April 17, in the Council Chambers at City HaIL _ Council Member Deshler made the following announcement: � A pancake breakfast, hosted by the Shriner's Club, will be held on Crystal Community Center starting at 8:00 a.m. __ IX. ADJOURNMENT Moved by Council Member Budziszewski and seconded adjourn the meeting. The meeting adjourned at 7:30 p.m. Jim Adams, Mayor Chrissy Serres, City Clerk Motion carried. Crystal City Council Work Session minutes April 1, 2014 2711 Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, the work session of the Crystal City Council was held at 7:43 p.m. on Tuesday, April 1, 2014 in Conference Room A at City Hall located at 4141 Douglas Drive, Crystal, Minnesota. Mayor Adams called the meeting to order. I. ATTENDANCE The city clerk recorded the attendance with the following members: COUNCI�: Deshler, Hoffmann, Libby, Peak, Selton, Adams, and Budzi STAFF: City Manager A. Norris, City Attorneys M. Norton and S. To Clerk C. Serres. ki. d City II. AGENDA Moved by Council Member Peak and seconded by Council Mernber Haffmann to dose the work session at 7:44 p.m. for the purpose of attorney-client privilege and discuss an update on pending litigation. � Voting aye: Deshler, Hoffmann, Libby, Peak, Selton, and Adams. Voting nay: Budziszewski. Moved by Council Member Peak conclude the closed session and ac Voting aye Deshler, Hoffmann, L.i ATTEST: Chrissy Serres, City Clerk � Motion carried. econded by Council Member Hoffmann to �e work session at 8:26 p.m. , Adams, and Budziszewski. Jim Adams, Mayor Motion carried. Crystal City Council Work Session minutes April 10, 2014 2712 Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, the work session of the Crystal City Council was held at 7:02 p.m. on Thursday, April 10, 2014 in Conference Room A at City Hall located at 4141 Douglas Drive, Crystal, Minnesota. Mayor Adams called the meeting to order. I. ATTENDANCE The city clerk recorded the attendance with the following members: m � COUNCI�: Deshler, Hoffmann, �ibby, Peak, Selton, Adams, and Budzi STAFF: City Manager A. Norris, Assistant City Manager/Human Resources N K. Therres, Community Development Director P. Peters, City Planne` Sutter, Finance Director C. Hansen, Police Chief S. Revering, and Ci C. Serres. ager erk AGENDA The Council and staff discussed the following agenda items: •"Open to Business" Program for small business support • Tax base expansion opportunities • Resources and purposes of various funds • Financing options for JWC (Joint Water Commission) emergency water supply Council Member Hoffmann departed the me�ting at 9:26 p.m. ADJOURNMENT The work session adjourned at 9:28 p.m. ATTEST: Chrissy Serres, City Clerk Jim Adams, Mayor CONSENT AGENDA #1 APPLICATIONS FOR CITY LICENSE April 17, 2014 ANIMAL KENNEL — COMMERCIAL Aquatropics 3549 Douglas Dr N� Crystal, MN� 55422 ANIMAL KENNEL —PRIVATE Pegeen Webster 4708 Hampshire Ave N Crystal, MN 55428 Ronald & Deanna Schuster 5841 Nevada Ave N Crystal, MN 55428 Sharon Buscher 5817 Elmhurst Ave N Crystal, MN 55428 FIREWORKS (OUTDOORS) TNT Fireworks 5401 W Skelly Dr Tulsa, OK 74107/tent at Cub Foods 5301 36�h Ave N� Crystal, MN 55422 GASINSTALLER Knight Heating & A/C 13535 89th Street NE Otsego, MN 55330 PipeRight Plumbing Inc 10710 Mississippi Blvd NW Coon Rapids, MN� 55433 PLUMBER Blue Water Plumbing 5026 Alpha Road Princeton, MN 55371 Friendly Home Services '7510 Lannon Ave NE Otsego, MN 55301 Jack the Plumber 14825 32"d Ave N Plymouth, MN 55447 JW Plumbing LLC 14930 Dallas Ave W Rosemount, MN 55068 Professional Mechanical Services 8851 Research Center Rd New Hope, MN 55428 VinZant Plumbing 593 Hamline Ave N St Paul, MN 55104 RENTAL — NEW 5725 Adair Ave N— JDA Group LLC (Conditional) 5117 Bernard Ave N— Anthony Brichacek 5117 Hampshire Ave N— Richard Hardy c/o E Colomb (Conditional) 5249 J�ersey Ave N— ADESAH LLC (Conditiona]) 3517 Lee Ave N— Peter Ralph (Conditional) 5527 Xenia Ave N— Joshua Asp c/o Renters Warehouse (Conditional) 4360 Zane Ave N— Lung Tran c/o Nam Nguyen (Conditional) 5807 34th Ave N� — Terry Schwichtenberg 5910 36th Ave N— William L Smith (Conditional) 6502 37�h Ave N— Charles Hawkinson c/o R Timm (Conditional) 5427 54th Ave N— Joshua Brod c/o Renters Warehouse RENTAL — RENEWAL 3609 Brunswick Ave N— Dakota Communities Inc (Conditional) 5944 Elmhurst Ave N— Patrick Archer 5308 Fairview Ave N� — Brian/�Beth Wil]iams c/o Midwest Realty Serv (Conditional) 3005 Florida Ave N— Judy/Eric Bolin 3909 Florida Ave N— Charles Hawkinson (Conditional) 3109 Hampshire Ave N— A Johnson/M O'Toole 3812 Hampshire Ave N— Opportunity :Partners Inc (Conditional) 4057 Kentucky Ave N— Sarah Hermans Adamson 3230/3236 Nevada Ave N— Heidi/Thomas Coyle (Conditional) 5733 Nevada Ave N� — Nico]e Aschniewitz Arvo]d Page 1 of 2 RENTAL — RENEWAL CONTINUED 3010 Sumter Ave N— Crystal Village Apartments LLC (Conditional) 5716 Twin Lake Ter — New Oil Christian Center 5023 Welcome Ave N— MichaellSue Broughton 5540 Xenia Ave N— Harold Creek 3612 Yates Ave N— David Cheng 6125 32"d Ave N— lVlarie Sommer 6820 32"d Ave N— Lyle Tauer (Conditional) 5804 36�h Ave N— Good Enterprises c/o DJ Chawla 5808-5812 36th Ave N— Gregory/Helga Thielen 6901 36th Ave N� — Donna Stangler 6000 38th Ave N— Carla Fiedler 5023 49�h Ave N— McClure Properties LLC 7018 SOth Ave N— Eduardo Valadez 4924 53rd Ave N— Emily/George Wilson (Conditional) 5321 53rd Ave N— Roger Gilmore 5724 56�h Ave N— Helen/Adeyemi Osonowo (Conditional) 7825 58th Pl N— Lori Terrell 7608 59�h Ave N� — David/Susan Thomas SIGN HANGERS Canvas Craft Inc 22400 Industrial Blvd Rogers, MN 55374 Signart Co Inc 2l'70 Dodd Rd lVlendota I-leights, MN 55120 Sign Source Inc 7660 Quattro Drive Chanhassen, MN 55317 TREE TRIMMER Midwest Tree Experts #1 55 150th Pioneer Trail Chaska, MN 55318 CONSENT AGENDA #1 Page 2 of 2 Pavee Blue Gross Blue Shield of MN LMCIT LMCIT PERA Kennedy & Graven Ghartered Metro Law Office IRS = EFTPS G.CP�i�aWccts Pe}�Chxks o�ei $25,000 Metiio � CONSENT AGENDA #2 DATE Apri1 9, 2014 TO: Anne Norris, City Manager City of Crystal Gity Council - FROM: Charles Hansen, Finance Director RE: Expenditures over $25;000 bescription April Health Insurance Premiums 1st QTR 2014 �iability lnsurance 2nd QTR 2014 �iability lnsurance Employee & city required contributions: pay date 3/28/2014 February Legal Services Relocation benefits payment #1 fo� 5025 W Broadway Social Security; Medicare; & Federal Tax W/H; pay date 3/28/2014 Amount $84,337.50 $47,050.25 $47,050.25 $41,296:64 $35;036.24 $28,168.94 $50;742.94 .. , � ... ., ..l. _ � , ..l. ■ .. COUNCIL STAFF REPORT Consent A�enda: Special Permit for Wine/Beer Council Meeting 4/17/2014 �' • 1 DATE: Apri17, 2014 � SUBJECT: Crystal City Council City Manager Anne Norris Administrative Services Coordinator Trudy Tassoni Application for Special Permit for Wine/Beer at Crystal Community Center Special Events Catering dba Chuckwagon Catering has applied for a special permit to serve wine/beer at the Crystal Community Center on Saturday, April 19, 2014, from '7:00 — ll:30 p.m. for a Lao New Year celebration. They expect approximately 400 guests to attend and have hired 4 Crystal police officers. The City received a Certificate of Liability Insurance with ]iquor ]iability coverage through April 30, 2014. Council Action Requested As part of the Consent Agenda on April 17, 2014, approve the Special Permit for Wine/Beer submitted by Special Events Catering dba Chuckwagon Catering. The application is available fo� �eview in the city cle�k's office. 1 � \ : _ � 1_� :' �r�� Memorandum ��. DATE: April 10, 2014 TO: Mayor and Council Chrissy Serres, City Clerk FROM: Kimberly Therres, Assistant City Manager/Human Resources Manager SUBJECT: Resignation from Human Rights Commissioner Sandra Schraut I have received notice of Human Rights Commissioner Schraut's desire to resign from the Human Rights Commission. Please accept her resignation. � 1 � 1 1 . .\... ....! \ .•.. _ . .!. ■ ..... COUNCIL STAFF REPORT ��,Yo� Resolution authorizing the issuance, sale and delivery of revenue CRYSTAL bonds relating to The Cavanagh Apartments FROM: Patrick A. Peters, Community Development Director n� - �� TO: Anne Norris, City Manager (for April 17, 2014 City Council Meeting) DATE: April 10, 2014 RE: Consider resolution authorizing the issuance, sale, and delivery of revenue bonds relating to The Cavanagh Apartments project; and approving the form of an authorizing the execution and delivery of certain documents relating to the revenue bonds BACKGROUND The Contract for Private Development between the Crystal EDA and Dominium for The Cavanagh Senior Apartments established in part that the financing of certain costs associated with the acquisition and construction of The Cavanagh would be paid through issuance by the city of tax exempt Housing Revenue Bonds. The Bonds will be special, limited obligation bonds of the City and will be payable solely from revenues derived from the Cavanagh project and pledged by the Borrower [Dominium entity] to the City under the terms of a loan or revenue agreement. The Bonds will not be general obligations of the City and will not be secured by or payable from any assets, revenues or other property of the City. The city's role in this transaction is that of a conduit for the Bonds. As such, the Borrower is required to pay all expenses of the City in connection with the issuance of the Bonds, including the City's one-time administrative fee of 1.00% of the principal amount of the Bonds. On May 21, 2013, the City Council held the required Public Hearing and approved Resolution #2013-35 granting preliminary approval of the issuance of revenue bonds for the financing of certain costs associated with The Cavanagh Senior Apartments. RECOMMENDATION Recommend approval of the attached resolution authorizing the issuance, sale and delivery of revenue bonds relating to The Cavanagh Apartments project; and approving the form of and authorizing the execution and delivery of certain documents relating to the revenue bonds. ATTACHMENTS ■ A - Resolution ■ B - Amended Housing Program � 1 � 1 1 . .\... ....! \ .•.. _ . .!. ■ ..... CITY OF CRYSTAL, MINNESOTA RESOLUTION NO. 2014- AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF REVENUE BONDS RELATING TO THE CAVANAGH APARTMENTS PROJECT; AND APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF CERTAIN DOCUMENTS RELATING TO THE REVENUE BONDS WHEREAS, the City of Crystal, Minnesota (the "City") is a home rule city duly organized and existing under the Constitution and laws of the State of Minnesota; and WHEREAS, pursuant to the Constitution and laws of the State of Minnesota, particularly Minnesota Statutes, Chapter 462C, as amended (the "Act"), the City is authorized to carry out the public purposes described in the Act and contemplated thereby in the financing of housing within its boundaries, by issuing revenue bonds to defray, in whole or in part, the cost of the acquisition, construction, and equipping of multifamily rental housing developments, and by entering into any agreements made in connection therewith and by pledging any such agreements as security for the payment of the principal of and interest on any such revenue bonds; and WHEREAS, Ciystal Leased Housing Associates I, LLLP, a Minnesota li►nited liability limited partnership (the "Borrower"), the general partner of which is Crystal Leased Housing Associates I, LLC, a Minnesota limited liability company, requested that the City issue its revenue bonds, notes, or obligations under the Act, in one or more series, the proceeds of which were to be loaned by the City to the Borrower to be applied by the Borrower to the acquisition, construction and equipping of a 130-unit independent multifamily senior housing development known as "The Cavanagh" to be located at 5401 Sls` Avenue North in the City (the "Project"); and WHEREAS, in order to finance a portion of the costs of the Project, on December 27, 2013, the City issued its Multifamily Housing Revenue Bonds (Crystal Leased Housing Associates I, Limited Partnership Project), Series 2013 (the "Series 2013 Bonds"), in the original aggregate principal amount of $13,800,000. The Series 2013 Bonds were issued pursuant to a resolution adopted by the City Council of the City on December 17, 2013, and an Indenture of Trust, dated as of December 1, 2013, by and between the City and U.S. Bank National Association; and WHEREAS, in order to refund the Series 2013 Bonds, the Borrower has requested that the City issue its (i) Multifamily Housing Revenue Bonds (The Cavanagh Project), Series 2014A (the "Senior Bonds"), and (ii) Subordinate Multifamily Housing Revenue Bonds (The Cavanagh Project), Series 2014B (the "Subordinate Bonds" and together with the Senior Bonds, the "Series 20 ] 4 Bonds"); and WHEREAS, the Series 2014 Bonds will be issued in the aggregate principal amount not to exceed $13,800,000; and WHEREAS, as a condition to the issuance of such revenue bonds, notes, or obligations under the Act, the City must adopt a housing program providing the information required by Section 462C.03, subdivision la, of the Act (the "Housing Program"); and Attachment A � 1 � 1 1 . .\... ....! \ .•.. _ . .!. ■ ..... WHEREAS, under Section 147(fl of the Internal Revenue Code of 1986, as amended (the "Code"), prior to the issuance of such revenue bonds or obligations, a public hearing duly noticed must be held by the City and under Section 462C.04, subdivision 2, of the Act, a public hearing must be held on each housing program after one publication of notice in a newspaper circulating generally in the City, at least fifteen (15) days before the hearing; and WHEREAS, at the request of the Borrower, on May 21, 2013, the City Council of the City held a public hearing regarding a Housing Program and with respect to the issuance of revenue bonds to finance the Housing Program and the Project, pursuant to and in conformance with the Act and Section 147(� of the Code, for which notice was duly published as cequired by the Act; and WHEREAS, after the public hearing, the City Council of the City adopted Resolution No. 2013- 35 approving of the Housing Program and granting preliminary approval of the Series 2013 Bonds; and WHEREAS, the City previously applied to the Minnesota Management & Budget for allocation of bonding authority for the Project in an amount not to exceed $13,800,000; and on November 25, 2013 the Minnesota Department of Management & Budget office authorized allocation in the amount of $13,800,000 for the issuance of the Series 2013 Bonds for the benefit of the Project and the Borrower; and WHEREAS, forms of the following documents, including the exhibits referred to therein, have been submitted to the City with respect to the Senior Bonds: (i) an Indenture of Trust, dated on or after May 1, 2014 (the "Senior Indenture"), from the City to U.S. Bank National Association, as trustee (the "Series 2014A Trustee"); (ii) a Loan Agreement, dated on or after May l, 2014 (the "Senior Loan Agreement"), by and among the City and the Borrower (iii) a Bond Purchase Agreement, dated on or after May l, 2014 (the "Series 2014A Bond Purchase Agreement"), by and among the City, the Borrower, and Dougherty & Company LLC (the "Underwriter"); (iv) a Combination Mortgage, Security Agreement, Assignment of Leases and Rents and Fixture Financing Statement dated on or after May 1, 2014 (the "Senior Mortgage"), by the Borrower to the City; (v) an Assignment of Mortgage, dated on or after May l, 2014 (the "Assignment of Senior Mortgage"), by the City to the Series 2014A Trustee. (vi) a Regulatory Agreement, dated on or after May 1, 2014 (the "Senior Regulato�y Agreement"), between the City, the Boi•rower, and the Series 2014A Trustee. The Senioj• Indenture, the Senior Loan Agreement, the Series 2014A Bond Purchase Agreement, the Senior Mortgage, the Assignment of Senioc Mortgage, and the Senior Regulatory Agreement are referred to collectively as the "Senior Bond Documents." WHEREAS, forms of the following documents, including the exhibits referred to therein, have been submitted to the City with respect to the Subordinate Bonds: � 1 � 1 1 . .\... ....! \ .•.. _ . .!. ■ ..... (i) a Subordinate Indenture of Trust, dated on or after May 1, 2014 (the "Subordinate Indenture"), from the City to U.S. Bank National Association, as trustee (the "Series 2014B Trustee"); (ii) a Subordinate Loan Agreement, dated on or after May 1, 2014 (the "Subordinate Loan Agreement"), by and among the City and the Borrower (iii) a Bond Purchase Agreement, dated on or after May 1, 2014 (the "Series 2014B Bond Purchase Agreement"), by and among the City, the Borrower, and the Underwriter; (iv) a Subordinate Combination Mortgage, Security Agreement, Assignment of Leases and Rents and Fixture Financing Statement dated on or after May 1, 2014 (the "Subordinate Mortgage"), by the Borrower to the City; (v) an Assignment of Subordinate Mortgage, dated on or after May 1, 2014 (the "Assignment of Subordinate Mortgage"), by the City to the Series 2014B Trustee. (vi) a Subordinate Regulato�y Agreement, dated on or after May 1, 2014 (the "Subordinate Regulatory Agreement"), between the City, the Borrower, and the Series 2014B Trustee. The Subordinate Indenture, the Subordinate Loan Agreement, the Series 2014B Bond Purchase Agreement, the Subordinate Mortgage, the Assignment of Subordinate Mortgage, and the Subordinate Regulatory Agreement are referred to collectively as the "Subordinate Bond Documents." The Senior Bond Documents and the Subordinate Bond Documents are referred to collectively as the Series 2014 Bond Documents. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CRYSTAL, MINNESOTA, AS FOLLOWS: Section 1. The City acknowledges, finds, determines, and declares that the preservation of the quality of life in the City is dependent upon the maintenance, provision, and preservation of an adequate housing stock, which is affordable to persons and families of low or moderate income, including those who are age 55 years and older, that accomplishing this is a public purpose, and that many would-be providers of housing units for low and moderate income persons in the City are either unable to afford mortgage credit at present market rates of interest or are unable to obtain mortgage credit. Based on representations of the Borrower, the City also hereby finds, detei•mines, and declares that the Project, upon construction by the Borrowej•, will have a design that is meant to be affordable and that at least forty percent (40%) of the dwelling units in the Project will be held for occupancy by families and individuals with adjusted gross incomes not in excess of sixty percent (60%) of the median family income. In addition, as required by the Contract for Private Development, as amended, between the Borrower and the Crystal Economic Development Authority, each unit in the Project will have at least one occupant whom is 55 years or older. Section 2. The City further finds, determines, and decla�•es that the p�n'pose of an Amended and Restated Housing Program, to incorporate the issuance of the Sei•ies 2014 Bonds, the proceeds of which will be used to refinance the Series 2013 Bonds, the proceeds of which are being used to finance the acquisition, construction, and equipping of the Project for occupancy primarily by persons of low and moderate income, and, the City approves and adopts the Amended and Restated Housing Program, as on � 1 � 1 1 . .\... ....! \ .•.. _ . .!. ■ ..... file with the City, for all purposes under the Act. The City also hereby approves the Project and the financing and refinancing thereof for purposes of Section 147( fl of the Code. Section 3. For the purpose of financing and refinancing the Project and the Amended and Restated Housing Program, the City hereby authorizes the issuance of the Series 2014 Bonds in the aggregate principal amount not to exceed $13,800,000. The City hereby authorizes the Series 2014 Bonds to be issued as "tax-exempt bonds" the interest on which is not includable in gross income for federal and State of Minnesota income tax puiposes. The issuance of the Series 2014 Bonds is subject to final agreement between the City, Underwriter, and Borrower with respect to the terms of the Series 2014 Bonds and the Series 2014 Bond Documents. All of the provisions of the Series 2014 Bonds, when executed as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorpo��ated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Series 2014 Bonds shall bear interest at such rates, shall be in such denominations, shall be numbered, shall be dated, shall mature, shall be subject to redemption prior to maturity, shall be in such forms, and shall have such other details and provisions as are prescribed by the Senior Indenture and the Subordinate Indenture on file with the City, which forms are hereby approved, with such necessary and appropriate variations, omissions, and insertions (including changes to the aggregate principal amount of the Series 2014 Bonds, the stated maturities of the Series 2014 Bonds, the interest rates on the Series 2014 Bonds, and the terms of redemption of the Series 2014 Bonds) as the Mayor of the City (the "Mayor") and the City Manager of the City (the "City Manager"), in their discretion, shall determine. The execution of the Series 2014 Bonds with the manual or facsimile signatures of the Mayor and the City Manager and the delivery of the Series 2014 Bonds by the City shall be conclusive evidence of such determination. In connection with the issuance of the Series 2014 Bonds, the Borrower will enter into the Senior Regulatory Agreement and the Subordinate Regulatoty Agreement relating to compliance with certain federal and state requirements applicable to the Project. The principal of, premium, if any, and intei•est on the Series 2014 Bonds shall be payable solely from the revenue pledged therefor and the Series 2014 Bonds shall not constitute a debt of the City within the meaning of any constitutional or statuto�y limitation nor give rise to a pecuniary liability of the City or a charge against the City's genei•al credit or assets and shall not constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the City other than the City's interest in the Senior Loan Agreement or the Subordinate Loan Agreement. The Series 2014 Bonds are not general or moral obligations of the City and are not secured by any taxing power of the City. During construction and until occupancy stabilization of the Project, the principal of, premium, if any, and interest on the Senior Bonds will be secured by the Senior Mortgage, which the City will assign to the Series 2014A Trustee pursuant to the Assignment of Senior Mo��tgage. As additional security for the Senior Bonds, a Series 2014A Guaranty Agreement, dated on or after May 1, 2014 (the "Series 2014A Guaranty"), from Paul R. Sween, Armand E. Brachman, and Mark S. Moorhouse to the Series 2014A Trustee will secure repayment of the Senior Bonds. The principal of, premium, if any, and interest on the Subordinate Bonds will be secured by the Subordinate Mortgage, which the City will assign to the Series 2014B Trustee pursuant to the Assignment of Subordinate Mortgage. As additional security for the Subordinate Bonds, a Series 2014B Guaranty Agceement, dated on or after May 1, 2014 (the "Series 2014B Guai•anty"), from Dominium Holdings II, LLC, a Minnesota limited liability company, to the Secies 2014B Trustee will secure repayment of the Subordinate Bonds. As additional security for the Subordinate Bonds, the Economic Development 4 � 1 � 1 1 . .\... ....! \ .•.. _ . .!. ■ ..... Authority of the City of Crystal shall issue a Taxable Tax Increment Note, Series 2014 dated on or after May 1, 2014, which shall be pledged by the Bo�•cower to secure the Subordinate Bonds. Section 4. The forms of the Series 2014 Bonds and the Series 2014 Bond Documents are hereby approved. The Mayor and City Manager are hereby authorized and directed to execute and deliver the Series 2014 Bonds and the Series 2014 Bond Documents to which the City is a party. All of the provisions of the Series 2014 Bonds and the Series 2014 Bond Documents, when executed and delivered as autllorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Series 2014 Bonds and the Series 2014 Bond Documents shall be substantially in the forms on file with the City with such omissions and insertions as do not materially change the substance thereof, oc as the Mayor and the City Manager, in their discretion, shall determine, and the execution thereof by the Mayor and the City Manager shall be conclusive evidence of such determination. Section 5. All covenants, stipulations, obligations, representations, and agi•eements of the City contained in this resolution or contained in the Series 2014 Bonds and the Series 2014 Bond Documents, or other documents refecred to therein shall be deemed to be the covenants, stipulations, obligations, representations, and agreements of the City to the full extent authorized or permitted by law, and all such covenants, stipulations, obligations, representations, and agreements shall be binding upon the City. Except as otherwise provided in this resolution, all rights, powers, and privileges conferred, and duties and liabilities imposed, upon the City by the provisions of this resolution or of the Series 2014 Bonds, the Series 2014 Bond Documents, or other documents referred to therein shall be exercised or performed by the City, or by such officers, board, body, or agency as may be required oc authorized by law to exercise such powers and to perform such duties. No covenant, stipulation, obligation, representation, or agreement herein contained or contained in the Series 2014 Bonds, the Series 2014 Bond Documents, or other documents referred to above shall be deemed to be a covenant, stipulation, obligation, representation, or agreement of any officer, agent, or employee of the City in that person's individual capacity, and neither the members of the City Council nor any officer or employee executing the Sei•ies 2014 Bonds shall be liable pe�sonally on the Series 2014 Bonds or be subject to any personal liability or accountability by ►•eason of the issuance thereof. Section 6. Except as herein otherwise expressly provided, nothing in this resolution or in the Series 2014 Bonds oc the Series 2014 Bond Documents, expressed or implied, is intended or shall be construed to confer upon any person, firin, or corporation other than the City, the Borrower, the holders of the Series 2014 Bonds, the Series 2014A Trustee and the Series 2014B Trustee any right, remedy, or claim, legal or equitable, under and by reason of this resolution or any provision hereof or of the Series 2014 Bonds. or the Series 2014 Bond Documents, or any provision thereof; this resolution, the Series 2014 Bonds, the Series 2014 Bond Documents, and all of their provisions being intended to be and being for the sole and exclusive benefit of the City and the holders from time to time of the Series 2014 Bonds issued under the provisions of this resolution, the Senior Indenture and the Subordinate Indenture, and the Borrower to the extent expressly provided in the Series 2014 Bonds and the Series 2014 Bond Documents. Section 7. In case any one or more of the provisions of this resolution, or of the Series 2014 Bonds, or the Series 2014 Bond Documents, shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this resolution, or of the Series 2014 Bonds, or the Series 2014 Bond Documents, but this resolution, the Series 2014 Bonds, and the Series 2014 Bond Documents, shall be construed as if such illegal or invalid provision had not been contained therein. The terms and conditions set forth in the Series 2014 Bonds and the Series 2014 Bond Documents, the pledge of revenues derived from the Project, the pledge of collateral derived from the Project, the creation of the funds provided for in the Senior Indenture and the Subordinate Indenture, the provisions relating to the � 1 � 1 1 . .\... ....! \ .•.. _ . .!. ■ ..... application of the proceeds derived from the sale of the Senior Bonds pursuant to and under the Senior Indenture, the provisions relating to the application of the pcoceeds derived fi•om the sale of the Subordinate Bonds pursuant to and under the Subordinate Indenture and the application of said revenues, collateral, and other money are all commitments, obligations, and agreements on the part of the City contained in the Series 2014 Bonds and the Series 2014 Bond Documents, and the invalidity of any provision of the Series 2014 Bonds or the Series 2014 Bond Documents shall not affect the commitments, obligations, and agreements on the part of the City to create such funds and to apply said revenues, other money, p►•oceeds of the Senior Bonds for the purposes, in the manner, and according to the terms and conditions fixed in the Senior Indenture, and proceeds of the Subordinate Bonds for the purposes, in the manner, and according to the terms and conditions fixed in the Subordinate Indenture, it being the intention hereof that such commitments on the pai�t of the City are as binding as if contained in this resolution separate and apart fi•om the respective Indentui•e. Section 8 The Series 2014 Bonds, when executed and delivered, shall each contain a recital that they are issued pursuant to the Act, and such recital shall be conclusive evidence of the validity of the Series 2014 Bonds and the regularity of the issuance thereof. All acts, conditions, and things requiced by the laws of the State of Minnesota, relating to the adoption of this resolution, to the issuance of the Series 2014 Bonds, and to the execution of the Series 2014 Bond Documents and the other documents referced to therein to happen, exist, and be performed precedent to and in the enactment of this resolution, and precedent to the issuance of the Series 2014 Bonds, and precedent to the execution of the Series 2014 Bond Documents and the other documents referred to above have happened, exist, and have been performed as so required by law. The Series 2014 Bonds shall also each contain a recital that they are special, limited obligations of the City. Section 9. The City Council, ofiicers of the City, and attorneys and other agents or employees of the City are hereby authorized to do all acts and things required of them by or in connection with this resolution and the Series 2014 Bonds, the Series 2014 Bond Documents, and the other documents referred to therein for the full, punctual, and complete performance of all the terms, covenants, and agreements contained in the Series 2014 Bonds, the Series 2014 Bond Documents, and the other documents referred to above, and this resolution. Section 10. The Mayor and the City Manager are authorized and directed to execute and deliver any and all certificates, agreements, instrument, or other documents which are required by the Series 2014 Bond Documents, or any othei• certificates or docu►nents which are deemed necessaiy by Kennedy & Graven, Chartered, as bond counsel to the City, to evidence the validity or enforceability of the Series 2014 Bonds, the Series 2014 Bond Documents, or the other documents referred to in this resolution, or to evidence compliance with applicable provisions of the Code, as amended; and all such agreements or representations when tnade shall be deemed to be agreements or representations, as the case may be, of the City. Without limiting the generality of the foregoing, the certificates, agreements, and other documents may include, but are not limited to: (i) one or more endorsements to tax or arbitrage certificates of the Borrower; and (ii) Information Return(s) for Tax-Exempt Private Activity Bond Issues, Form 8038 (Rev. April 2011). The Mayor and the City Manager are hereby designated and authorized to take such other administrative action as is permitted or required by the Series 2014 Bond Documents. The officers of the City, Kennedy & Graven, Chartered (as bond counsel for the City), other attorneys, engineers, and other agents or employees of the City are hereby authorized to do all acts and things required of them by or in connection with this resolution, the aforementioned documents, the Secies 2014 Bonds for the full, punctual, and complete performance of all the terms, covenants, and agreements contained in the Series 2014 Bonds, in the aforementioned documents, and this resolution. In the event that for any reason the Mayor of the City is unable to carry out the execution of any of the documents or other acts provided herein, any other member of the City Council or any officer of the City delegated the duties of the Mayor shall be authorized to act in his capacity and undertake such execution or acts on � 1 � 1 1 . .\... ....! \ .•.. _ . .!. ■ ..... behalf of the City with full force and effect, which execution or acts shall be valid and binding on the City. If for any reason the City Manager of the City is unable to execute and delive�• the documents referred to in this resolution, such documents may be executed by any member of the City Council or any officer of the City delegated the duties of the City Manager, with the same force and effect as if such documents were executed and delivered by the City Manager of the City. Section 11. The City hereby authorizes Kennedy & Graven, Chartered, as bond counsel for the City, to prepare, execute, and deliver its approving legal opinions with respect to the Series 2014 Bonds. Section 12. The City has not participated in the preparation of the Preliminary Official Statement or the Official Statement relating to the offer and sale of the Senior Bonds (collectively, the "Series 2014A Official Statement"), and has made no independent investigation with respect to the information contained therein, including the appendices thereto, and the City assumes no cesponsibility for the sufficiency, accuracy, or completeness of such information. Subject to the foregoing, the City hei•eby consents to the distribution and the use by the Underwriter in connection with the sale of the Senior Bonds of the Series 2014A Official Statement. The Series 2014A Offcial Statement is the sole material consented to by the City for use in connection with the offer and sale of the Senior Bonds. The City has not participated in the preparation of the Preliminary Official Statement or the Official Statement relating to the offer and sale of the Subordinate Bonds (collectively, the "Series 2014B Official Statement"), and has made no independent investigation with respect to the information contained therein, including the appendices thereto, and the City assumes no responsibility for the sufficiency, accuracy, oi• completeness of such information. Subject to the foregoing, the City hereby consents to the distribution and the use by the Underwriter in connection with the sale of the Subordinate Bonds of the Se►•ies 2014B Official Statement. The Series 2014B Official Statement is the sole material consented to by the City for use in connection with the offer and sale of the Subordinate Bonds. Section 13. This resolution shall be in full force and effect from and after its passage. (The remainder of this page is intentionally left blank.) � 1 � 1 1 . .\... ....! \ .•.. _ . .!. ■ ..... Adopted by the City Council of the City of Ciystal, Minnesota, this 17th day of April, 2014. Attest: By: Its: City Clerk caazs-4�2 �aw�> 440074v.5 CITY OF CRYSTAL, MINNESOTA By: Its: Mayor By: Its: City Manager g � 1 � 1 1 . .\... ....! \ .•.. _ . .!. ■ ..... CITY OF CRYSTAL, MINNESOTA AMENDED AND RESTATED PROGRAM FOR A MULTIFAMILY SENIOR HOUSING DEVELOPMENT 5401 Slst AVENUE NORTH Pursuant to Minnesota Statutes, Chapter 462C, as amended (the "Act"), the City of Crystal, Minnesota (the "City"), is authorized to develop and administer programs to finance the acquisition, consh•uction and equipping of a multifamily senior housing development under the circumstances and within the limitations set foi�th in the Act. Minnesota Statutes, Section 462C.07 provides that such programs for multifamily housing developments may be financed by revenue bonds issued by the City. The City t�eceived a request that it approve a program providing for the acquisition, construction, and equipping of a 130-unit independent multifamily senior housing development known as "The Cavanagh" to be located at 5401 51 st Avenue North in the City (the "Project"). The Project will be managed by Dominium Management Services, LLC, a professional property manager. The acquisition, construction and equipping of the Project was to be funded through the issuance on December 27, 2013 of the City's Multifamily Housing Revenue Bonds (Gystal Leased Housing Associates I, Limited Partnership Project), Series 2013 (the "Series 2013 Bonds"), in the original aggregate principal amount of $13,800,000. C�ystal Leased Housing Associates I, LLLP (the "Owner") will own the Project. The proceeds of the Secies 2013 Bonds were loaned by the City to the Owner and will be used by the Owner for the following purposes: (1) acquisition of the Project; (2) construction of the Project; (3) equipping of the Project, (4) funding certain reserves for the Series 2013 Bonds, and (5) financing all or a portion of the costs of issuing the Series 2013 Bonds. It is expected that a portion of the Project will be subject to occupancy limits imposed by federal income tax law and regulations such that only persons and families witllin designated income limits will be permitted to occupy such units. On May 2l, 2013, the City Council adopted Resolution No. 2103-35 granting preliminary approval to the issuance of the Series 2013 Bonds and approving the Housing Progj•am. Pursuant to Resolution No. 2013-81, adopted December 17, 2013, and an Indenture of Trust, dated as of December l, 2013 (the "Indenture"), between the Issuer and U.S. Bank National Association, as trustee, the Series 2013 Bonds were issued on December 27, 2013, in the original aggregate principal amount of $13,800,000. The City has received a �•equest from the Owner for the issuance of the City's (i) Multifamily Housing Revenue Bonds (The Cavanagh Project), Series 2014A (the "Seniot� Bonds"), and (ii) Subordinate Multifamily Housing Revenue Bonds (The Cavanagh Project), Series 2014B (the "Subordinate Bonds" and together with the Senior Bonds, the "Series 2014 Bonds"), in the aggregate principal amount not to exceed $13,800,000, the proceeds of which will be used to refinance the Series 2013 Bonds and the remaining proceeds of the Series 2013 Bonds will be used, along with funds of Owner (as defined below), to finance the acquisition, construction, and equipping of the Project. The City, in establishing the original Program considered the information contained in the City's comprehensive plan and this amended and restated multifamily housing program (the "Program") is being adopted to account for the issuance of the Series 2014 Bonds, but otherwise is not amending the original program. The Project will be acquired and constt•ucted by the Owner in accordance with the requirements of Subdivisions 1 and 2 of Section 462C.05 of the Act. Attachment B � 1 � 1 1 . .\... ....! \ .•.. _ . .!. ■ ..... Section A. Definitions. The following terms used in this Program shall have the following meanings, respectively: "Act" shall mean Minnesota Statutes, Section 462C.01, et seq., as currently in effect and as the same may be from time to time amended. "City" shall mean the City of Ciystal, Minnesota. "Housing Unit" shall mean any one of the dwelling units, each located in the Project, occupied by one person or family, and containing complete living facilities. "Land" shall mean the real property upon which the Project is situated. "Owner" shall mean Crystal Leased Housing Associates I, LLLP. "Program" shall mean this housing program for the financing of the Project pursuant to the Act. "Project" shall mean the residential rental housing development consisting of 130-unit multifamily rental housing development to be located in the City at 5401 Slst Avenue North, to be acquired, constructed, and equipped by the Owner. "Qualified Project Period" shall mean the term of the Senior Occupancy Restriction set foirth in Section C of this Program and shall commence on the close of the first year of the "credit period" for the Project within the meaning of Section 42 of the Internal Revenue Code of 1986 (the "Code"); that is, the commencement of such restrictions coincides with the commencement of income and rent restrictions imposed under Section 42 of the Code. The period from commencement to termination is the "Qualified Project Period." "Series 2013 Bonds" shall mean the City's Multifamily Housing Revenue Bonds (Crystal Leased Housing Associates I, Limited Partr►ership Project), Series 2013, in the original aggregate principal amount of $13,800,000 originally issued on December 27, 2013. "Series 2014 Bonds" shall mean, collectively: (i) Multifamily Housing Revenue Bonds (The Cavanagh Project), Series 2014A, and (ii) Subordinate Multifamily Housing Revenue Bonds (The Cavanagh Project), Series 2014B, to be issued by the City in an aggregate principal amount not to exceed $13,800,000. Section B. Pro�am for Financin� the Pcoiect. It is proposed that the City establish this Program to provide financing for the acquisition and construction of the Project at a cost and upon such other terms and conditions as are set forth herein and as may be agreed upon in writing between the City, the initial purchaser of the Series 2014 Bonds and the Owner. The City expects to issue the Series 2014 Bonds as soon as the terms of the Series 2014 Bonds have been agreed upon by the City, the Owner and the initial purchaser(s) of the Series 2014 Bonds. The proceeds of the Series 2014 Bonds will be loaned to the Owner to refinance the Series 2013 Bonds and the remaining proceeds of the Series 2013 Bonds will be transferred to the Trustee and used to finance the acquisition and construction of the Project, to fund i•equired reserves and to pay the costs of issuing the Series 2014 Bonds. It is expected that a trustee will be appointed by the City to monitor the construction of the Project (along with a title insurance company) and the payment of principal and interest on the Series 2014 Bonds. � 1 � 1 1 . .\... ....! \ .•.. _ . .!. ■ ..... It is anticipated that tlle Sej•ies 2014 Bonds will have a final maturity of fifty (50) years or less and will bear interest at a variable rate or at fixed rates consistent with the market at the time of issuance of the Series 2014 Bonds. The City will not hire additional staff for the administration of the Program. Insofar as the City will be contracting with an undei•writer, legal counsel, bond counsel, the trustee, and others, all of whom will be reimbursed fi•om bond proceeds and revenues generated by the Program, no administrative costs will be paid from the City's budget with respect to this Program. The Series 2014 Bonds will not be general obligation bonds of the City, but are to be paid only from properties pledged to the payment thereof, which may include additional security such as additional collateral, insurance or a letter of credit. Section C. Standards and Requirements Relating to the Financing of the Project Pursuant to the Pro ram. The following standaj•ds and requirements shall apply with respect to the operation of the Project by the Owner pursuant to this Program: (1) Substantially all of the proceeds of the sale of the Series 2014 Bonds will be applied by the Owner to the fnance and reiinance of the acquisition, construction and equipping of the Project, the payment of the costs of issuing the Series 2014 Bonds, and the funding of appropriate reserves. The proceeds will be made available to the Owner pursuant to the terms of a loan agreement (or other revenue agreement) which will include cei-tain covenants to be made by the Owner to the City regarding the use of proceeds and the character and use of the Project. (2) The Project qualifies as a"multifamily housing development," under Section 462C.02, subdivision 5 of the Act, since it is comprised of a building or buildings which include one or more dwelling units, each of which are to be i•ented by a person or family for� use as a residence. (3) The Owner, and any subsequent ownei• of the Project, will not arbitrarily reject an application fl•om a proposed tenant because of race, color, creed, religion, national origin, sex, marital status, or status with regard to public assistance or disability. (4) From the commencement of the Qualified Project Period, all units in the Project shall be occupied by at least one person who is at least 55 years of age at the time of initial occupancy (the "Senior Occupancy Restriction"). (5) It is expected that at least one hundred percent (100%) of the Housing Units will be held for occupancy by families or individuals with gross income not in excess of sixty percent (60%) of inedian family income, adjusted for family size and that maximum rental rates of twenty percent (20%) of the units in the Project shall not exceed the area fair market rent or exception faii• market rents for existing housing, if applicable, as established by HUD. This set aside would satisfy the low-income occupancy requirements of Section 462C.05, subdivision 2, of the Act, if they were applicable. Section D. Evidence of Compliance. The City may require from the Owner at or before the issuance of the Series 2014 Bonds, evidence satisfactory to the City of the ability and intention of the Owner to complete the construction of the Project, and evidence satisfactory to the City of compliance with the standards and requirements for the making of the financing established by the City, as set forth herein; and in connection therewith, the City oj• its representatives may inspect the relevant books and records of the Owner in order to confirm such ability, intention and compliance. In addition, the City may periodically require certification fi•om either the Owner or such other person deemed necessary concerning compliance with various aspects of this Program. � 1 � 1 1 . .\... ....! \ .•.. _ . .!. ■ ..... Section E. Issuance of Bonds. To finance the Progt•am authorized by this Section the City will by resolution authorize, issue and sell its revenue bonds, in one or more series, in an aggregate principal amount estimated not to exceed $13,800,000. The Series 2014 Bonds will be issued pursuant to Section 462C.07, subdivision l, of the Act, and will be payable from the revenues of the Program authorized by this Section. The costs of the Pj•oject, including costs of issuance of the Series 2014 Bonds and required reserve funds, if any, are presently expected to be in excess of the principal amount of the Series 2014 Bonds. It is expected that the Owner and its affiliates will contribute to the Project the difference between the total costs of the Project and the principal amount of the Series 2014 Bonds available to finance and refinance the Project. The costs of the Project may change between the date of preparation of this Program and the date of issuance of the Series 2014 Bonds. The Series 2014 Bonds are expected to be issued in calendar year 2014. Section F. Severability. The pcovisions of this Program are severable and if any of its provisions, sentences, clauses or paragraphs shall be held unconstitutional, cont►•ary to statute, exceeding the authority of the City or otherwise illegal or inoperative by any cow-t of competent jurisdiction, the decision of such court sllall not affect or impair any of the remaining provisions. Section G. Amendment. The City shall not amend this Program, while Bonds authorized hereby are outstanding, to the detriment of the holders of such Bonds. Section H. State Ceilin�. (1) In connection with the issuance of the Series 2013 Bonds, an application for an allocation of a portion of the annual volume cap for private activity bonds was made to the Minnesota Department of Finance, pursuant to Section 146 of the Code, and Minnesota Statutes, Chapter 474A, as amended (the "Allocation Act"). (2) Pursuant to the terms and requirements of the Allocation Act: (i) the Project will meet the requirements of Section 142(d) of the Code regarding the incomes of the occupants of the Project; and (ii) the maximum rent for at least twenty percent (20%) of the Housing Units will not exceed the area faic market rent or exception fair market rents for existing housing, if applicable, as established by the United States Department of Housing and Urban Development. (3) Prior to the issuance of the Series 2014 Bonds, the Owner will enter into a fifteen year Regulatory Agreement with the City with respect to each series of bonds that specifies the maximum rental cates of the rent-restricted units in the Pi•oject and the income levels of the residents of the Project occupying the income-restricted units. Such rental rates and income levels must be within the limitations established in accordance with the preceding paragraph (2). The Owner will be required to annually certify to the City over the term of the agreement that the rental �•ates for the rent-restricted units aj•e within the limitations under the preceding paragraph (2). The City may request individual certification of the income of residents of the income- restricted units of the Project. The Treasury Division of Minnesota Management and Budget may request from the City a copy of the annual certification prepared by the Owner. The Treasu�y Division of Minnesota Management and Budget may i•equire the City to request individual certification of all residents of the income-restricted units of the Project. 4 COUNCIL STAFF REPORT �„� �e �RY�TA,, e ular en a: ivil enalties f r faile alc h 1 compliance check by MGM Liquor Warehouse FROM: �hrissy Serres, City Clerk �� • : 1 � TO: Mayor and City Council City Manager Anne Norris CC: Police Chief Revering City Attorney Mike Norton RE: Consider civil penalties for failed alcohol compliance check by Best Buy Beverage Int'I, LLC d/bJa MGM Liquor Warehouse, 6200 56t" Avenue North Back rq aund The Crystal Police Department conducts two annual compliance checks for each alcohol licensee in the city to ensure that businesses have policies and procedures to prevent alcohol sales to minors. In the event a business fails a compliance check, the following excerpt of City Code Section 1200 autlines civil penalties the Council may impose against the licensee. 1200.35, Subd. 5tc). Administrative civil penalties. If a licensee or an employee of a licensee is found to have violated this section, the city council may impose an administrative penalty as follows: First violation: a civil fine in the amount of $750 and license suspension for a period of one day. Second violation within 24 months after the first violation: a civil fine in the amount of $1500 and suspension of license for a period of 3 days. Third violatian within 36 months after the secand violation: a civil fine in the amount of $2,000 and suspension of license for a period of 10 days. Fourth violation within 36 months after the third violation: revocation af license. � 1 � 1 1 . .\... ....! \ .•.. _ . .!. ■ ..... On approximately October 8, 2013, MGM �iquor Warehouse failed an alcohol compliance check. Findinqs of Fact a) Best Buy Beverage Int'I, L�C d/b/a MGM �iquor Warehouse holds a valid 2013- 2014 off sale liquor license from the City of Crystal and the State of Minnesota Alcohol Division. The liquor licensing period is 7/1/2013 — 6/30/2014. b) According to an lncident Report by the Crystal Police Department, on approximately Tuesday, October 8, 2013, an employee of MGM sold alcohol to an underage person. c) According to Hennepin Criminal Brookdale Register of Actions, the same employee of MGM pled guilty to selling alcohol to a person under the age of 21 on November 22, 2013. d) By regular and certified mail, Best Buy Beverage Int'I, L�C d/b/a MGM �iquor Warehouse received proper notice from the City of Crystal regarding a hearing on April 17, 2014 to consider civil penalties of its liquor license relating to the illegal sale of alcohol to a minor. e) No alcohol violations exist within past 24 months for this licensee. Therefore, the violation on October 8, 2013 is deemed a first violation according to City Code Section 1200. Council action reauested Upon receiving testimony from said licensee, staff recommends Best Buy Beverage Int'I, L�C d/b/a MGM �iquor Warehouse receive a one-day license suspension and a$750 civil fine, with the city clerk determining the dates of the suspension and payment of fine. Attachments: Procedures for Councit Hearing for Liquor Viotations Hearing Notice Copy of 2013-2014 liquor licenses � 1 � 1 1 . .\... ....! \ .•.. _ . .!. ■ ..... Procedures for Council Hearin� for Liquor Violations Mayor identifies agenda item, notes that this is a public hearing concerning possible imposition of administrative civil penalties for alleged violations of Crystal Code of Ordinances §] 200 ("CCO §] 200"), regulating liquor. 2. Mayor calls for report by staff. a. Staff provides report addressing the facts of the violation; b. Crystal Police Department investigator provides additional testimony, if required. c. Council inquires of staff concerning facts of violation. d. Council clarifies any other information from staff or Crystal Police Department representative based on information submitted by individua] or licensee. 3. Mayor calls for licensee or individual to podium, inquires whether licensee is here to demand a hearing OR to offer testimony in mitigation of the penalty. a. If licensee requests hearing, Mayor invites licensee to present their version of incident(s). b. Mayor/Council clarifies any other information from staff or Crystal Police Department representative based on information submitted by individual or licensee. c. If licensee offers testimony in mitigation, Council clarifies information from. individual or licensee. d. Mayor/Council clarifies any other information from staff or Crystal Police Department representative based on information submitted by individual or licensee. NOTE: Even if licensee does not clearly admit violation, the council makes the �nding hereafter if licensee does not demand a hearing!! 4. Mayor calls for other public testimony (if any) relating to violation(s). 5. Mayor closes hearing portion of the process. a. Staff summarizes testimony irom both sides and recommends appropriate action. b. If recommendation is for imposition of administrative penalties, staff provides the following concerning CCO§ 1200.35: l. Administrative civil penalties—licensee OR employee. CCO§ 1200.35, subd. 5 c): � 1 � 1 1 . .\... ....! \ .•.. _ . .!. ■ ..... c) Administrative civil �enalties. If a licensee or an employee of a licensee is found to have violated this section, the city council may impose an administrative penalty as follows: 1) First violation: a civil fine in the amount of $750 and license suspension for a period of one day. 2) Second violation within 24 months after the first violation: a civil fine in the amount of $1500 and suspension of license for a period of 3 days. 3) Third violation within 36 months after the second violation: a civil fine in the amount of $2,000 and suspension of license for a period of l 0 days. 4) Fourth violation within 36 months after the third violation: revocation of license. 2. Penalty presumptions: CCO§ 1200.35, subd. 6: Subd. 6. Presumptions re ag rding adininistrative penalties. The administrative penalties described in subdivision 3 of this section are the presumed sanctions for the violations indicated. In the event of any license suspension imposed under subdivision 3, the city council may select which days a suspension will be served. Notwithstanding the provisions of subdivision 5, a license may be revoked for any violation of this section when in the judgment of the council it is appropriate to do so. The city council may impose lesser penalties under subdivision 3 when in the judgment of the council it is appropriate to do so. The city council may by resolution revise the amount of the above civil penalties stated in subdivision 5 above, in Appendix IV. Other mandatory requirements may be made of the establishment, including but not limited to, meetings with the Police Department staff to present a plan of action to assure that the problem wi]]. not continue, mandatory education sessions with Crime Prevention staff, or other actions that the City Council deems appropriate. NOTE: �` � se�+��c� �ac�X��?s�zz k�y� fk�� s�� iic�z�s� h�id�r �a��u�s ��at�zr�� ' �rc� �°ea�� raf �� a�e �r�' tl�� "a.r�t �+�:c�i�ti�a�a zt wi3i b� �ta�sid�r�� ia��t ��I�tic�ra.. If � fhird vial�.f�+�� i�y fi.t�� s�e 1�cens� hcrld�r vccu�s �aa�tsze3� �a� �t�r�e y��rs af the te e�f il�e �e��rzd vi�}akian, �t w�1i }�e craa��id�r�i �. s��and �uic�latic�n. � a �'a vit�ia�at�� + ��e ��e 1ac��xx�� lti�� e��u,ts c��.ttsadt� �r�'�h�-e� �r�ars �af tiy� dat� r�f it�e t2�ir�1 vi�al�tz�+ra, i� �^z�]. be c�zzsz�es�d ��&�s� �iai�t��s�. 6. Council discusses the facts from the staff presentation and the individual or licensee testimony. a. If required, council seeks further information from staff, city attorney, or city manager. Mayor declares the discussion ended and calls for a motion. b. A councilmember moves for an action on the alleged violation: I move that a penalty of be imposed. First violation: [a fine of $750 and license suspension for a period of one day] Second violation: [a fine of $1500 and suspension of license for a period of 3 days] � 1 � 1 1 . .\... ....! \ .•.. _ . .!. ■ ..... Third violation: [a fine of $2,000 and suspension of license for a period of l 0 days.] Fourth violation: [revocation of license] Maker of motion for penalty also states that the motion is based on the staff report and the testimony heard during the hearing, and any speci�c facts from the record and/or the testimony. Second, Mayor calls for vote Council votes, Mayor declares results based on adopted motion. �,�, ��,��,; ��r ��i��; �� Y�r �� ,�� REGULAR AGENDA #2 �? 1� 1 1��uglas ��ive l�T€��th C�ystal,lVL�T 55422-16�6 ��'�i�g' I�hon�: 763-531-1245 fax: 763-531-11�3 ��° �w�u,ctystalmn.gov ,� ,t - $�r��e '€'�."�."�a'3�'u.�':aP��i{d`")� .,� n,,.�' . H�'�bF:� ` ,.� , . ,' �. .' .r, , , .� °�.o-�,'�o +'�i�. ....m . a. . .:: � '� �, . .. . �^ . ... �'v�I M1z��1�':4t�':! .' �est �uy �Sev�rag� Irit'l L,L,� ZZ�BA.: NIGM Z.i��ao� �a��hous� 1'��ce�tio�: T.-Iayr�e J ��o 6200 56�' Ave��e I�Tax�h ��ystal,l�I�T 55429 ti z� e� , �� .�� °r:-� k '��,�: a }� $ 3 %� � '� � `�� . s� Y 4 � �; .1 i The C�ystal Cit-y �ou�icil will meet on the fo]Iowing date to conside� whe�e� action should be taken against you� liquo� license as a result of an alleged violation af state la�as and city ordinances. The alleged violatian consists oi the illegal sale of alcohol to an underage pe�son, which occu�ed on or about C�ctobe� 8, 2013 at MGNi Liquar �Ua�ehouse Iocated at b200 - 56� Avenue I�Torth in �rystal, MN 55429. The meeting date is: �t�a �'ti��d�yy A�S�°�� 17g 2014 '�'� �0 7°OOI�� I��,t��ao ��t�l �g� Iga�g ��u��il ��, b�� 414��. �3�saz�1�.� °v� ��, C��ta1, Z��T 55422 fJ�'T'T�T�S 1�} A��.nel t�i�: �c�u��l ��t�� 'ou are no€�ified that yau have �he �igl�t to appear at ih� �oianc�[ z�eeting ori the date listed above: At �ie meeting you may ac�nit o� deny t�e violation. If yau a�mit the violatia�, you waive you� rtght to a hea�ing but wi11 be a]lawed ta explain any mitigat�ing circumstanc�s. The �ounci� rr�ay ampc�se sanct�ons gn accordance with �rystal City Cade �ecL�on 2200.35, Subd. 5(c) (see attachment). If you deny the violatian, you may rec�uest a hearjng. The City Counc�l may at its option hold t�ie heariizg 9YY19Tlediately, or may refer the matter to a heariz�.g canducted by another person or body at a later date. Any hearing will be conducted in accardance with the procedures it� the Mi�ne�ata Aclrrainistrative Pracedures Act, Minnesota Statiates 5ection 14.57 to 14.6�. �� S�� it � 1�� If you a�e unable to attencl the meeting, yau may subn�it a letter ta the City Nianager p�ior tc� th� meet�ng that agxees io any sanc�ion imposed during the hearing. Letters must include a writte� waiveY and accepta�ce of sanction. Yau snay explain any rr�itigating circumsta.nce, Any such urritten ag�eement is subject ta approva� by the �ity �auncil. � �� ,��e to �.�t��ad tl�� l�L��tit�� ar �u� �� , 4�ti�� If you do not ap�ear at the Council Meetirzg or su�mit a letter to the �it J Manager; you wi]1 be deemed to have adnvtted the violation and to have waived your right ta a h�arirng, and the City �ouncil may irr�pose sanctions in accordance �vith Crystal City �ode �ec�t�on 1�00.35, Subd. �(c) (enclased). �� _ � ro .. �� ,�'�`�.�`�� . �.� �' ��' �� ,� �� ,�'. �-` � Ch�issy �er�es, �i C1erk � i:\admin\licensmglapplication forms\liquor\violation reports�20141etters\mg�n notice of violaYion tlrat occuired on 10-08-2013.doc 3 1 __... _ _ City of Crystal MGM Liquor Warehouse 6200 56th Ave N Crystal MN 55429 License Type Liq-Off Sale (Admin) ��e� � �e—� z - - — City Manager Expiration: 06/30/201.4 ,: Pursuant to City,Ordinances,and regu3ations and conditionsd.upon payment of:-Ytie required fee, License is hereby granted for_the term and purpose`stated, _ _: ,. C��,��,v.y�� POST AT LOCATION "LICENSED ...,` _ NOT=:TRANSFERABLE , . lerk T .n I_Ul1 ---- — - - - _---,��.�3 �; . ._ .._... .. . _...._ __.. -- -- - ;_ . :: ,� . . . r._":�,;u �-_�;_��. «-�„�.�. �,_,-- - - --- � - - - ... . ..................... .. .. >_. ::-,..,.— , ( ,_� . . _.. _ ..... .................. ...�.._ ........---._......__.� __:--- - - -�'F-I-�� .. ........ , ..... City C _ ID rnJrFec co��mFRG � N�'�' VAL , . . __ ... . ..... �_ ;.� ...........:.::.:::...::::.....:.:::�::;:.:..:::::.:::: :.�.:.-:::--.-:...-:.-:.:-::....,............................................,...................................................................,.. ....... ...... ... ...,,. � ��i�� City of Crystal License Description Off Sale Liquor Receipt for License: Egpiration: Tvne Units Fee Prim $380.00 Total: $380.00 Please Read Carefullv! Crystai Citv Code Section 1005.15: A licensee must carry the license certificate upon the licensee's person at all times when engaged in the activity for which the license was granted. Where the licensed activity is conducted at a fixed place of business or establishment, the certifcate must be exhibited at all times in some conspicuous place on the premises. 00016625 06/30/2014 Also: Licensees for refuse haulers and tree trimmers must place one of the enclosed decals on the left hand side of each licensed vehicle. Mail To: Best Buy Beverage International LLC Hayne J Cho 6200 56th Ave N Crystal MN 55429 Business License i No. 16625 Fee: $380.00 OFF SALE LIQUOR LICENSE THIS CERTIFIES THAT: LICENSEE: Best Buv SeveraEe Int'1 LLC TRADE NAME: MGM Liquor Warehouse/Crvstal STREET ADDRESS: 6200 - 56`h Avenue North, Crvstal, MN 55429 City: C�al County: Hennepin Is authorized to sell intoxicating liquor at off sale subject to the laws and regulations of the State of Minnesota and municipal ordinances for the period beginning Julv 1, 2013 to June 30. 2014. .. - � � Mayor THIS LICENSE IS APPROVED ' en under my hand and the Municipal Corporate Seal � b�� J U N 2 6 20�3 City of Crvstal Date: June 4 013 Alcohol & Gambling Enforcement Director Date PS9008-03(6/03) City Cler N Cz7 C� � C � � � C� t�! z v � � N ��IJLA AG�N A #3 c��v �r c�YSTAL e ular en a: ivil enalti s f r fail to acc co liance check y u Foo s FROM: Chrissy Serres, City �lerk �� DATE: April 7, 2014 TO: Mayor and City Council City Manager Anne Norris CC: Police Chief Revering City Attorney Mike Norton RE: Consider civil penalties for failed tobacco compliance check by SUPERVALU, Inc. d/b/a Cub Foods, 5301 36t" Avenue North Back rg aund The Crystal Police Department conducts annual compliance checks on all tobaeco licensees in the city to ensure that businesses have policies and procedures to prevent tobacca sales to minors. In the event a business fails a campliance check, the following excerpt of City Code Section 1137 outlines civil penalties the Council may impose against the licensee. 1137.11, Subd. 3. Administrative civil �enalties; licensee. If a licensee or an employee of a licensee is found to have sold tobacco to a person under the age of 18 years, or committed a violation of Minnesota Statutes Chapter 297F, as amended, the city council may impose an administrative penalty as follows: First violation: a civil fine in an amount up ta $750 and license suspension for a period up to one day. Second violation within 24 months after the first violation: a civil fine in an amount up to $1,500 and suspension of license for a period of up to 5 days. Third violation within 24 months after the first violatian: a civil fine in an amount up to $2,000 and suspensian af license for a period of up to 1Q days. Fourth violation within 36 months after the first violation: revocation of license. � 1 � 1 1 . .\... ....! \ .•.. _ . .!. ■ .. On approximately October 8, 2013, Cub Foods failed a tobacco compliance check. Findinqs of Fact a) SUPERVALU, Inc. d/b/a Cub Foods held a valid 2013 tobacco license from the City of Crystal. b) According to an lncident Report by the Crystal Police Department, on approximately Tuesday, October 8, 2013, an employee of Cub Foods sold tobacco to an underage person. c) According to Hennepin Criminal Brookdale Register of Actions, the same employee of Cub Foods pled guilty to selling tobacco to a person under the age of 18 on December 6, 2013. d) By regular and certified mail, SUPERVALU, Inc. d/b/a Cub Foods received proper notice from the City of Crystal regarding a hearing on April 17, 2014 to consider civil penalties of its tobacco license relating to the illegal sale of tobacco to a minor. e) No prior tobacco violations exist for this licensee. Therefore, the violation on October 8, 2013 is deemed a first violation according to City Code Section 1137. Council action requested Upon receiving testimony from said licensee, staff recommends SUPERVALU, Inc. d/b/a Cub Foods receive a one-day license suspension and a$750 civil fine, with the city clerk determining the dates of the suspension and payment of fine. Attachments: Procedures for Councit Hearing for Tobacco Violations Hearing Notice Copy o f 2013 tobacco license � 1 � 1 1 . .\... ....! \ .•.. _ . .!. ■ .. Procedures for Council Hearin� for Tobacco Violations Mayor identifies agenda item, notes that this is a public hearing concerning possible imposition of administrative civil penalties for alleged violations of Crystal Code of Ordinances §] l 3'7 ("CCO §] l 3'7"), regulating tobacco. 2. Mayor calls for report by staff. a. Staff provides report addressing the facts of the violation; b. Crystal Police Department investigator provides additional testimony, if required. c. Council inquires of staff concerning facts of violation. d. Council clarifies any other information from staff or Crystal Police Department representative based on information submitted by individua] or licensee. 3. Mayor calls for licensee or individual to podium, inquires whether licensee is here to demand a hearing OR to offer testimony in mitigation of the penalty. a. If licensee requests hearing, Mayor invites licensee to present their version of incident(s). b. Mayor/Council clarifies any other information from staff or Crystal Police Department representative based on information submitted by individual or licensee. c. If licensee offers testimony in mitigation, Council clarifies information from individual or licensee. d. Mayor/Council clarifies any other information from staff or Crystal Police Department representative based on information submitted by individual or licensee. NOTE: Even if licensee does not clearly admit violation, the council makes the �nding hereafter if licensee does not demand a hearing!! 4. Mayor calls for other public testimony (if any) relating to violation(s). 5. Mayor closes hearing portion of the process. a. Staff summarizes testimony irom both sides and recommends appropriate action. b. Tf recommendation is for imposition of administrative penalties, staff provides the following concerning CCO§ 1137: Administrative civil penalties--employee. CCO§ 1137.11, subd. 2: Administrative civil �enalties; individuals. A person who se11s tobacco to a person � 1 � 1 1 . .\... ....! \ .•.. _ . .!. ■ .. under the age of l 8 years is subject to an administrative penalty. A person under the age of 18 who attempts to purchase tobacco is subject to an administrative penalty. The city council may impose administrative penalties under this subdivision as follows: First violation: a civil fine in an amount up to $750. Second violation within 24 months after the first violation: a civil fine in an amount up to $],500. Third violation within 24 months after the �rst violation: a civil fine in an amount up to $2,000. Presumptive penalty of revocation for Licensee if: commission of a felony related to the licensed activity; if there is an illegal sale by an employee while the license is under suspension. 2. Administrative penalties--licensee: CCO§ 1137.11, subd. 3: Administrative civil penalties; ]icensee. If a licensee or an employee of a licensee is found to have sold tobacco to a person under the age of 18 years, the city council. may impose an administrative penalty as follows: First violation: a civil fine in an amount up to $750 and license suspension for a period up to one day. Second violation within 24 months after the first violation: a civil fine in an amount up to $1,500 and suspension of license for a period of up to 5 days. Third violation within 24 months after the first violation: a civil fine in an amount up to $2,000 and suspension of license for a period of up to 10 days. Fourth violation within 36 months after the first violation: revocation of license. 6. Council discusses the facts from the staif presentation and testimony from the public, the individual or licensee. a. If required, council seeks further information from staff, city attorney, or city manager. Mayor declares the discussion ended and ca11s for a motion. b. A councilmember moves for an action on the alleged violation: 1. Employee violation: I move that a penalty of be imposed. First Violation: [a fine in an amount up to $750] � 1 � 1 1 . .\... ....! \ .•.. _ . .!. ■ .. Second Violation: [a fine in an amount up to $1,500] Third Violation: [a fine in an amount up to $2,000] Maker of motion for penalty also states that the motion is based on the staff report and the testimony heard during the hearing, and any speci�c facts from the record or the testimony. Second, Mayor calls for vote. 2. Licensee violation: I move that a penalty of be imposed. First violation: [a fine in an amount up to $750 and license suspension for a period up to one day.] Second violation: [a fine in an amount up to $1,500 and suspension of license for a period of up to 5 days.] Thixd violation: [a fine in an amount up to $2,000 and suspension of license for a period of up to 10 days.] Fourth violation: [revocation of license] Maker of motion for penalty also states that the motion is based on the staff report and the testimony heard during the hearing, and any specitic facts from the record or the testimony. Second, Mayor calls for vote. c. Council votes, Mayor declares results based on adopted motion. ��'�`�� '� ��' ��3 �� '� � � ��"��L REGULAR AGENDA #3 �-� �-! �ou��as ��_ve 1`�Torih � ��ystal, IV�T 554�2-2696 ti"`�� Z'hone: %63-531-1�45 fax: i�3-�31�-11d8 � �� _ www.crystalmn.gov T�: Supe�Valu Znc: dJb/a: Cub Foads �ttn: �arb�a Nunziato 150 E I�ie�ce I� oad, �uitie 200 Itasca, ZL 60143-9978 ��: Cub Foods Atin; Stare Manage� 5301 36� Avenue I`tiTorth Crystal, IV�1eT 55422 pI'I � `�° � �;T `I'� � �ERTIFiED MAZL � The C�ystal City �ouiicil wili meet ori the followir�g clate to conside� whether actiara should be takeri against your tabacca licens� as a tesult of an alleged violation of state Iaws and city ordinances. The alleged vialation consists af the illegal sale of tobacco to an underage pe�son, which occur�ed an or about �ctobe� 8, 2013 at Cu� Foods located at 5301 36�' rlvenue l�Torth in C�ystal, I1�T 55�22. The meeting date is: I��t�o �"��°�d�.�, �� 'i, 20�.4• 'I'i �; 70001��I I�s��at��; �ca��s�i1 �� &5�� t C�i�t�,l �aty ��11g 414�. I�e��I�� r� N�rt�� r�t�,l, �� 55�2� �I�'�`�� .ti�r�d �1�� az�i�i� �� 'ou a�e noti�ed ihat you have the �ight ta appear at the �ouncil rneetir�g o� the cl.ate listed abave. At the meeting you may admjt ar d�ny th� violation. If yau aclrglit the violatsan, you waive your �ight �o a hearing b�t will be allowed to explain any rx�itiga�ing ci�curr�stances, 'I`he Cauncil may impose sanctions in accordance �vith Crystal City Cade Section 1137.11, subdivisi�ns � and 3 (enclased). If you deny the violation, you may request a hea�irig: 'Z`he �ity Council may at its option hold the hearing i�nsr�ediat�iy; o� may �ef�� the matter to a h�aring cond�cted by another person o� body at a Iate� date. �ny hearing will be conducted in acca�dance with the procedures in the Nlinnesata Administrative I'raeedu�res �ct, Nlir�nesota �tatutes 5eciian 1�-,57 to 1�-,69. QIt �j 5��t � 1�� If you are unable to attend the ineeting; you �riay submit a lette� ta t1�e �ity lt�anage� prio� ta the meetiiig that agrees to any sanctian imposed du�ing the hea�it�g. I.etiers must include a w�iiten waiver and acceptance of sanction. �'ou may e�plain a��y snitigating ci�cumstance. Any such written agreement is subject to approval by th� Ciiy Council. CiR �� F�il�� ta� ��ct �� u��z� ��t�� ° �� it � I�� Zf you do noi appear at the �auncil Meetin�a� submit a letter to the City l�anager; yau wiil b� deeined to have admitted The violation and to have uraive� yc�ur right to a hear�ssg, and t1�e �ity �aur�ci� may impose sanctions in acco�dance w�th ��ystal �ity Code �ection 1137.12g subdivisions 2 and 3�� w'. � � � � �� x m r. � . E . - � ` �" ° � � ��, � � n�� , �� .�� ,v� � �hrissy 5�� , City Cle�k ,, C1't�,i Of CryStal , LICENSEEGllLAO�Y��1�1�8�� Cub Foods #30124 (1601) Expiration: 12/31/2013 �; 5301 36th Ave N Pursuant to City Ordinances and :j'! CT'ySt31. MN 55422 regulations and conditioned upon payment of the required fee, License is hereby ��, granted for the term and purpose stated. � I` ; ','::'�' License Type Tobacco-Over the Counter (Admin) 7 �-`�-� � `�-� - City Manager City of Crystal License Description Tobacco - Over the Counter Only ��,i,� .��„�-_Q� POST AT LOCATION LICENSED NOT TRANSFERABLE City Clerk ___NOT VALID_UNLESS_COUNTERS — - - CUT HERE ' Receipt for License: Expiration: Tvue Units Fee Base $325.00 Total: $325.00 Please Read Carefullv! Crystal City Code. Section 1005.15: A licensee must carry the license certificate upon the licensee's person at all times when engaged in the activity for which the license was granted. Where the licensed activity is conducted at a fixed place of business or establishment, the certificate must be exhibited at all times in some conspicuous place on the premises. 00015786 12/31/2013 Also: Licensees for refuse haulers and tree trimmers must place one of the enclosed decals on the left hand side of each licensed vehicle. Mail To: SuperValu, Inc P O Box 20, Dept 70428 Boise ID 83726 ......�� [3usiness License C� COUNCIL STAF� REPORI' �' �RY�TA,, e ular en a: ivil enalties f r faile to acc compliance �heck by Liquor Liquidator 3 FROM: Chrissy Serres, City Clerk �� !� �• 1 � TO: Mayor and City Council City Manager Anne Norris CC: Police Chief Revering City Attorney Mike Norton RE: Consider civil penalties for failed tobacco compliance check by Liquor Liquidator 3, Inc. d/b/a �iquor Liquidator 3, 5120 56t" Avenue North Back�round The Crystal Police Department conducts annual campliance checks on all tobacca licensees in the city to ensure that businesses have policies and procedures to prevent tobacco sales to minors. In the event a business fails a compliance check, the following excerpt of City Code Section 1137 outlines civil penalties the Council may impose against the licensee. 1137.11, Subd. 3. Administrative eivil penalties; licensee. if a licensee or an employee of a licensee is found to have sold tobacco to a person under the age of 18 years, or committed a violation of Minnesota Statutes Chapter 297F, as amended, the city council may impose an administrative penalty as follows: First violatian: a civil fine in an amount up to $750 and license suspension for a periad up to one day. Second violation within 24 months after the first violation: a civil fine in an amount up to $1,500 and suspension of license far a period of up ta 5 days. Third violation within 24 months after the first violation: a civil fine in an amount up ta $2,000 and suspension of license for a period of up to 10 days. Fourth violation within 36 months after the first violation: revocation of license. � 1 � 1 1 . I .\... ....! \ .•.. _ � . .!. ■ ... On approximately October 8, 2013, �iquor �iquidator 3 failed a tobacco compliance check. Findinqs ofi Fact a) Liquor Liquidator 3, Inc. d/b/a Liquor Liquidator 3 held a valid 2013 tobacco license from the City of Crystal. b) According to an lncident Report by the Crystal Police Department, on approximately Tuesday, October 8, 2013, an employee of �iquor �iquidator 3 sold tobacco to an underage person. c) According to Hennepin Criminal Brookdale Register of Actions, the same employee of Liquor Liquidator 3 pled guilty to selling tobacco to a person under the age of 18 on January 10, 2014. d) By regular and certified mail, Liquor Liquidator 3, Inc. d/b/a Liquor Liquidator 3 received proper notice from the City of Crystal regarding a hearing on April 17, 2014 to consider civil penalties of its tobacco license relating to the illegal sale of tobacco to a minor. e) No prior tobacco violations exist for this licensee. Therefore, the violation on October 8, 2013 is deemed a first violation according to City Code Section 1137. Council action requested Upon receiving testimony from said licensee, staff recommends Liquor Liquidator 3, Inc. d/b/a Liquor Liquidator 3 receive a one-day license suspension and a$750 civil fine, with the city clerk determining the dates of the suspension and payment of fine. Attachments: Procedures for Councit Hearing for Tobacco Violations Hearing Notice Copy o f 2013 tobacco license � 1 � 1 1 . I .\... ....! \ .•.. _ � . .!. ■ ... Procedures for Council Hearin� for Tobacco Violations Mayor identifies agenda item, notes that this is a public hearing concerning possible imposition of administrative civil penalties for alleged violations of Crystal Code of Ordinances §] l 3'7 ("CCO §] l 3'7"), regulating tobacco. 2. Mayor calls for report by staff. a. Staff provides report addressing the facts of the violation; b. Crystal Police Department investigator provides additional testimony, if required. c. Council inquires of staff concerning facts of violation. d. Council clarifies any other information from staff or Crystal Police Department representative based on information submitted by individua] or licensee. 3. Mayor calls for licensee or individual to podium, inquires whether licensee is here to demand a hearing OR to offer testimony in mitigation of the penalty. a. If licensee requests hearing, Mayor invites licensee to present their version of incident(s). b. Mayor/Council clarifies any other information from staff or Crystal Police Department representative based on information submitted by individual or licensee. c. If licensee offers testimony in mitigation, Council clarifies information from individual or licensee. d. Mayor/Council clarifies any other information from staff or Crystal Police Department representative based on information submitted by individual or licensee. NOTE: Even if licensee does not clearly admit violation, the council makes the �nding hereafter if licensee does not demand a hearing!! 4. Mayor calls for other public testimony (if any) relating to violation(s). 5. Mayor closes hearing portion of the process. a. Staff summarizes testimony irom both sides and recommends appropriate action. b. Tf recommendation is for imposition of administrative penalties, staff provides the following concerning CCO§ 1137: Administrative civil penalties--employee. CCO§ 1137.11, subd. 2: Administrative civil �enalties; individuals. A person who se11s tobacco to a person � 1 � 1 1 . I .\... ....! \ .•.. _ � . .!. ■ ... under the age of l 8 years is subject to an administrative penalty. A person under the age of 18 who attempts to purchase tobacco is subject to an administrative penalty. The city council may impose administrative penalties under this subdivision as follows: First violation: a civil fine in an amount up to $750. Second violation within 24 months after the first violation: a civil fine in an amount up to $],500. Third violation within 24 months after the �rst violation: a civil fine in an amount up to $2,000. Presumptive penalty of revocation for Licensee if: commission of a felony related to the licensed activity; if there is an illegal sale by an employee while the license is under suspension. 2. Administrative penalties--licensee: CCO§ 1137.11, subd. 3: Administrative civil penalties; ]icensee. If a licensee or an employee of a licensee is found to have sold tobacco to a person under the age of 18 years, the city council. may impose an administrative penalty as follows: First violation: a civil fine in an amount up to $750 and license suspension for a period up to one day. Second violation within 24 months after the first violation: a civil fine in an amount up to $1,500 and suspension of license for a period of up to 5 days. Third violation within 24 months after the first violation: a civil fine in an amount up to $2,000 and suspension of license for a period of up to 10 days. Fourth violation within 36 months after the first violation: revocation of license. 6. Council discusses the facts from the staif presentation and testimony from the public, the individual or licensee. a. If required, council seeks further information from staff, city attorney, or city manager. Mayor declares the discussion ended and ca11s for a motion. b. A councilmember moves for an action on the alleged violation: 1. Employee violation: I move that a penalty of be imposed. First Violation: [a fine in an amount up to $750] � 1 � 1 1 . I .\... ....! \ .•.. _ � . .!. ■ ... Second Violation: [a fine in an amount up to $1,500] Third Violation: [a fine in an amount up to $2,000] Maker of motion for penalty also states that the motion is based on the staff report and the testimony heard during the hearing, and any speci�c facts from the record or the testimony. Second, Mayor calls for vote. 2. Licensee violation: I move that a penalty of be imposed. First violation: [a fine in an amount up to $750 and license suspension for a period up to one day.] Second violation: [a fine in an amount up to $1,500 and suspension of license for a period of up to 5 days.] Thixd violation: [a fine in an amount up to $2,000 and suspension of license for a period of up to 10 days.] Fourth violation: [revocation of license] Maker of motion for penalty also states that the motion is based on the staff report and the testimony heard during the hearing, and any specitic facts from the record or the testimony. Second, Mayor calls for vote. c. Council votes, Mayor declares results based on adopted motion. �v��''�'��e�'" ��-' �`.�-�.`-' �`�� ' �:��'� 41�2 �c�ugl�s �i�ive T'�Tc�r�h �a� �� Y`ystal, NIl�1 55422-169� ; ; ��r �hone; 763-531-2145 faxa 763-53�-11�� , , _ w�w.crystalmn.gav � 1 � 1 1 ., . .. , _ � , . �� _��F��::�a�S,v�.X`&t �"�'�'; �� "�"��,s�w�re�. * �.... � �,. „�,..:.�: � .., w , :.. r,��.� �.��?.� .�t��u�.�S?> �,�k`��.:-. .., , - �.�,: �' �..,,.��.;.T�" � � � .,t...s,3.�� . _ � '��:��P".�"'�;�. ;�fir�;„-... '�'�: Liquo� I�,iquidat�r 3, Inc: df bja: I,iquo� Liquidator 3 1'�ttn: Z�avel �akue�ts 5120 56� Avenue Na�th Crystal, IVIl�T 55429 �. s � , e; r�: 2 ' �; ' k � , ; Aprii 2; 2014 �E�TI�ZET� MAIL and Z�EGLII..Ait 1VI� IL The �rystal �ity Cauncil will meet on the follouring date ta conside� ivhether action should be take�i against you� tobacca license as a�esult of an alleged violation o� state laws and city ordinances. The alleged violation cansists of th� illegal sale of tobacca ta an underage person, whiclz occurred an or abont Octobe� 8, 2013 at Liquor �,iquidator 3 laeated at 5120 56� l�venue North in �rystal, MN 55429. The meeting date is �3�L�a '�"��d�;�r, A.��1 �.7, �014 °I'� �a 7oQ� �� ,��ti��o C��a�ci� �� i�� ,t ��y��,l �i� III��19 4��.A��. T)��a� ��v� I�csi�tt�, ��y�t��g �I�T ��4�2� ��`�If.��TS 1�� s� �� a��i� ��iin�� ou are not�fied that you have the �ig1i� ta a�pear at the Council rrieeting an the daie lis�ed above. At tlle meeting you may ac�n�it c�� deny the violat�on. If you acimii the violation, yo�z waive your right to a hea�irag but will be allowed �o expl�in any mi�igat�ing ci_rc�a�nstan�esa The �ouncil �nay impose sanctions i� accordance with �rystal City Code �ectian 1137.11; subdivisions 2 and 3(enclosed). If you deny the violatia�, you may �equest a hearing. The City �ounci� may at its a�tion ha1t3 the heas��tig irnrriediately, or rna�r �°efer tlie matte� t� a hearing canducted by anath�r persan or body at a late� ctate. ��ny hearing ws1� be co�duct�� in accardance with the pracedures in the 1��innesota Administrative I'�ocedure� Act, Minnesata �tatutes �ectian 14.5% to 24.6�. C�l� �� S�b�r�� ; �� If you a�e una6le to attiend the meeting, you may subrrvt a letter to the City 1Vla�ageY p�ia� to the meeting ihat agrees to any sanction imposed dv.ring the hearing. Letters must include a written waiver and acceptance of sanctian. You may explain any mitigatin� ci�cumstance. Any such written agreement is subject ta approval by the �ity Cauncil. CJR �� F�.�� .�� i� �e��1 NI��:t�� c�� ba��t a l�i��r If yau do nc�t appeae at tihe �ouncil Meetin� or submit a lette� tia the �ity Mar�age�; you will be deemed to have adtnitted �e vialation and to ha�e waived yo�zr right tc� a heari�zg, a�d the City �ouncil may impose sanctians �n accordance with �rystal �ity CQde Section 1�3%,1i; subdivisions 2 and 3. � � �� {� �° • � �'� � �' ��" � �r � , ��,��8 ��`��' c��5�y �� , c�ry c�� _ _ _ _ : � _ __ _ C].'t�,T Of CryStal LICENSEEGUL-A��1��1�i40#�4 V C Liquor Liquidator 3 Expiration: 12/31/2013 5120 56th Ave N Crystal MN 55429 License Type Tobacco-Over the Counter (Admin) Pursuant to City Ordinances and regulations and conditioned upon payment of the required fee, License is hereby granted for the term and purpose stated. ��t �_� j �.��; _ _ _ _ ��.��Q��-_Q� POST AT LOCATION LICENSED NOT TRANSFERABLE City Manager City Clerk NOT VALID,,UNLESS„ COUNTERSIGNED _ _ V I '. - - - CUT HERE dbt ................ ...... ................. ...... ....... ...... ......... ........ . City of Crystal License Description Tvpe Tobacco - Over the Counter Pco-rated 9 m� Units Receipt for License: Expiration: Fee $243.72 Total: $243.72 Please Read Carefullv! Crystal City Code. Section 1005.15: A licensee must carry the license certiiicate upon the licensee's person at all times when engaged in the activity for which the license was granted. Where the licensed activity is conducted at a fixed place of business or establishment, the certificate must be exhibited at all times in some conspicuous place on the premises. 00016404 ..... ..�.J 12/31/2013 Also: Licensees for refuse haulers and tree trimmers must place one of the enclosed decals on the left hand side of each licensed vehicle. Mail To: Liquor Liquidator 3 Inc Pavel Sakurets 5120 56th Ave N Crystal MN 55429 Business License C' 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: ('763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov CRYSTA� CITY COUNCI� WORK SESSION AGENDA Posted: April 11, 2014 Thursday, April 17, 2014 To immediately follow the Regular City Council Meeting Conference Room A Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, the work session of the Crystal City Council was held at p.m, on Thursday, April 17, 2014 in Conference Room A located at 4141 Douglas Drive, Crystal, Minnesota. I. Attendance Council members Staff fR:��,� . � � ► . Libby Peak Selton Adams Therres Peters Sutter Revering Budziszewski Norton Deshler Serres I1. Aqenda The purpose of the work session is to discuss the following agenda items: • Crystal Police Department Annual Report • Commission liaisons reports/updates* * Denotes no supporting information included in the packet. I11. Adiournment The work session adjourned at p.m. Auxiliary aids are availab/e upon request to individuals wifh disabilities by calling the City Clerk at (763) 531-1145 at least 96 hours in advance. TTY users may call Minnesota Relay at 711 or 9-800-627-3529. . � ,: , - • . . � • � . �: ,: . !-. • t � � ' / �' : ` " � . /' . �. � . . , �_' .. . .. .., .. � .. , �' . _ _ . ._. . ._ _ .. I'�orze; 'i63-53�-10i4 Fa�. "763-�3"i-�32'79 � -• a -. - i - , •�', - l-�. - � � , +� - y � � �� . � ,� . �. , . _ •• •.r � � � ,, � .��' t .r� � �:� , -� �a +. r�� •� � �� Iz.� �, ��r � .� . •'. . • - - �•• • . � • - , - � * . � � •� � .;, ��r�! . .�� r �, r :r.�.� , �; ��, ;� �� , �� , , , . �- � _ r.i� . � � � �-� - • - �-�. - � a� . .# * , � i 'i • . � • - # - � �--r _ _ . . � . � - •- �, • • • • . •-- -• � -� • - - * . i + + ♦ .if • � t. •' • {- � r • , . i - • � a i - •1 �- � • • -a - - -� • - t-i. - . • - _ • -• �-,� . _ .. . � � � _ . . • . • - � •- _ _ , - , - • - . �,- � •-,r. . ,�• _ � ,' � • �. .�� _� -, . . . � 1 ,• �, •� • � . . _ . . �. . •s , s • - . _ _ „ - - - - .i- �r� � - • - � r r, ti . • • • . � , '� - #-r. - � - a r • •. _ -� r , r�, 4 • � � • �rt . - � , � r �. �-. • • • It is my h�nor io serv� as the Police �hi�f for t�e �ity csf �rystai. Thank y�� az�d z��r�ab�rs o� the �rysta� C�ty Cc�uncil for your cant�nu�d supporto Sincerely, Siephanie I�. Revering, �hief of Palice �rystal Police I�epartment r� � :� '�' �� , ,;� d: � �r` : ��! - , � ;� Lieutenant Lioug Leslin supervises the Patrol Divisian of the Crystal Police Department. �'he unit is comprised af: � 4 Sergeants • 18 Police Officers � 1 'I'raffic Officer • b Community Service Officers ' . • - l-r. - �. ' . . � �. � . � . � . � , t t�. , � � • �- r. � s . � . � � �� . � � � � �_ _ � • �'�� - � . • - . • . �. � � - �- -;, -� � .�� - • r • • . - - • � • . �• � . . _ ,, .. -� . , r �. . • . r r : . - ��, - . i # # . ' . t . ' � ! ' i . i 1 + ! �' . 4. i # ' ' �! !'� �` •� ., i - ' • � .�' �� . - • f'! � • � . �i .i . . • .' / • . � t � � ' • • • . � ', • � ` i' . . r r � • t ';�• t` �• ! • • ! !` � `' r • � ' ' i� i'I ' � � ' ' ` ` � • � i • ` •' • � . . . � �� •''' � � •� • •'' . � ' # ' ` ' �* " • • ' ' � . . -� f if # �. t' � ' . • �,', . ' i. i t ` Y' -- - f i , � ' . - . •' i � �. '; � i'• . • � ,1 ` t � i �� t i ' + ' � � ., . * ' ,� ' . # . y .' � � ' ' � � � _ � - ' �, ' i' - + . # � - � « ..� � � ! � a � �' •' i' � t � � � ', • . � � � � s . • '• ••'', � 'i � � •• '! � � • .�� " R .. , i •, '. ' � ,: .... � • rfi � � ' ` �it, . f � M'• • 1' . � . . i` "! • !`_ � . ;� � . � . • ! r, � • � ' � � " � ' i t , � i' ; � • s � ',` r • i' ♦ i � i _ - - ' � ' !' • �� . �.�,� . � ��: , - r- t � • � 1 � ' i' i' ' • f, � M ' . .. ' . !' ' •' • _ � � • • � f � �. _ i; • s' i -�_�' 0 � � 1 �.�'�� r �► r r �� ProJect = Police �: � �: . � �: <•� . �r� r. �_ , .� � iiii r • • . . • -• i •- - � , �,� i - � ' � ' «� •' . ' �'+ • � t t "-. � a . � . • - . -� � i- . f � � • �. ... � *. . ' � •. . .. � � '�. i � ', i �' • � • • � • f. �i', � • i • • . . t' f . ! .' ' 1• `# �, �; ' � � t, � 'i ! • { .i � � s • • � �' ., ' �'i • ' . i''; �'�'t -� f' i • , � � ,- � ' •'•'• ' ' i' . . i ' . ' ' , � . +, , �, � � ' ' � s � � � - � ' � • • • _ • ! .!'' � ! - . . i • ' f � i i •. + . _. _ _ �' �! � � �,' " '. + i ti i- "i 1 ' •',' � i `• • • ' r� ' .� �� • • , � •'' ' � • •. • ' ! • � , - i • ' • �, .. . � . � ., t � ! s � ' � ' ' •' �•'' � ' #' �� . �' � • •: • • Rocco was also involved in a multiple agency arrest of a suspect wanted for a murder fram our n�ighboring city New Hope. •t � i . � _ , � i- •� • t . . • • '• • - t • • . ' i • • .� , ;� . • -• i - � � , t . ' � . � � . - �. � � • �- - t t • • � • • . r . + • - �' '� � . • . �' � - . • ' • f - � . �� , • + • . - • + r� �t� '• . � � - � . � M � �... � ��... t . � .. . �.: r. � ,.. ' .. 1 � ' � � , ` .�.. �: 11 'r �. - 4 • �- . i- . � • . - � . • • � . � �; • - #li - ! i �, • - , - - -,,.; . -r . . - , _ r�r• - ri - • - •�• • ; - - � -. • - . • - .� � ;_" . • -. • . #_ � i � �, s . - � -• • -� � . -� , . -�' i i . �t - �- �; - { _, 1, - � -t • r � .t '. '! • • � { •' - „ � " !` '! • i 'i ` •i • • .i'i � .�♦ . !, ♦ ! ' �; •rr . �- s - . • -• • i- - • , t • �- •- �� . -�j .' . - • ' •- � -� . -. . � i• •- •• � �- �£ �:* t� r„< ,� �t. s } g<� $� ;j s� x � iJ S tirn a 51' $ � s,, .�t �} ;s;�. i vt; it � tt i� � � ��i' t a4 ti 'a�. �; �t, � Lieutenant Dave Oyaas supervises the Investigations Unit of the Crystal Police Department. Th� unit is comprised of: • 4 Criminal Investigatars � 1 Narcotics Investigator assigned to the Northwest Metro Drug Task Force � 1 Specialist who conducts investigations of juvenile and adult protection cases Pictured (Ieit to right) Detective Jason No1an, Lt. Dave Oyaas, Detective Justin Tourville and Juvenile Specialist Susan Carstens ! - • _, r - -� • - i+i - - - -., , , - • '! •. • • - i, • ' i ` ' • • • � � � ,- � , t • '? • ; � •,'i •Y'. • . • • •` . • ! • � ' �, • i .l# • ♦ - a, i � . i� � i, •+� � '� i' t � �' -� # • • • •' 't � � �, i � • # I • i' � w � !�� f � �:, �� ' G :I! y. ��. � ' . � .. � � M • �. , ��. � � ;. �.. �. - � .. �, . � � �,; � � ,.:. � � �. i � � � � � � � � M � � . '.: ♦ .... ♦� � '�: � �' ,... . � � ,.� / � .. � ' : � � � '. � a . � � * � : �:,� 1 s ... ♦ i �. , . ♦ . . �. • , .. � � ��.. '. � . � �� . �� . � � �.: f .. • ��- . • • • . • .r,t a -. . �� . � � e i ��.. .' . � • ��.. ��.. � �,' . s � I '. • . ��. � ,'�. • + ' j . �' ' • �. � f . ' �. .: �.: i- . • � • � � -• . • �s � ; . -• a . ; .�� • - .,.• - •- • -, a. . , . _ __ . .r� - �- • -r• • t' . �, • • '� t • -•. •' �. - �-♦ - - - . • - � • � - • . - � - - , - - -r , � � - - ; t • • • • - t � • • • . � • • -t - r- * • t -• � r •� � - • • - � . • - . .�- . •t . • � � , . �;- � • -• • • t' i r- ♦ -, , • � • . r- -+r • _ , •- . • •� . a t • - ♦ a - i-, � •� . . - _ : • • •• - � - • . . • - f -r• - . • . �- . . • t • • •- t � - � + • � �- • �t M ' , � t t� • !,' ' � ' - � -� ` ' . �- • � - ,' ` �' • ' • ' - `• � a � '{� ' ��'' I k : �; . . „ `tili'f �i1 . � � . . • �� •• . � • . . a. • • � • , •- � �. . � . . � i , _ • . � . . • , w • - • _ � - • i- � � . - • - _ . • • � � - ` . . . � . _ f� - i _ . _ �- � - a - - -• r - . • � ' • - - - • � � - -- , �. ' • � - , � • __ _. _ _ � , • - • � • • t .,� , � . ' • r � . • • , r • � �' .' • . . _ • t' - . . �' . - - i -• - � � i,� � ' � � � `�, = � * * � � � � • - •�� -t � s • • � • i .� i •, � � �- , � , i �,, -i . ♦ � � ' The City of Crystal maintains a partnership with the City of New Hop� to provide both communities with a professional, fu11-time animal cantral officer. Animai Control Officer Tom Mahan continues ta pro�ide outstandulg service to both communities. In September, the Crystat City Council voted to allow a residence to have up to foui- hen chickens if several conditions are met. The Council also voted to raise the number af allowable pets at a residence to thi-ee dogs or three cats or two dogs/two cats. The previous ordinance stated a residence could only have two pets. This change wi11 decrease by half the number af private kennellicenses held in the city, The following numbers represent the calls for service handled by the fiz11-time Animal Control Off'�cer on weekdays or as follow-up to other officer's calls. A tatal of 469 (471 ui 2012) animal-ralated incidents were encountered during the period of January 1 ta December 31, 2013. The number of citizen camplaints was 353 or 7S% (379 or 80% in 2012) and the number of offieer-initiated eomplaints was 116 or 25% {92 or 2d% in 2012}. Of the 3S3 citizen complaints, 98 (28%} concerned dags at large (126 or 33% in 20I2}, resulting in twa (2°!0} citations, 24 (24%) written warnings and 9(9°/o) llnpounds. Overall, citizen complaints included 2I5 (61%} concerning dogs {244 or 64% in 2012}, resulting i�1 sevell(3%) citations, 47 (22%) written warriings and 20 (9%) impounds. There were 15 dog bites (I 1 in 2012) in which 11 of the dogs passed thraugh quarantine (two of these were declared Potentially Dangeraus), one was repoi�ted o�1 day eight of ten and was not in�paunded, one occurred in Minneapolis and was listed as I'otentially Dangerous, one did not puncture but was listed Potentially Dangerous and ane dag ran off and was not found. There were siY incidents of aggressive dogs (14 in 2012) which resulted in faur being d�clared Potentially Dangerous. Tl�ere were 51 (14%) citizen complai�lts concerning cats (52 or 14% u12012). Forty-seven or 92% of the calls were cats at 1a�-ge. These ca11s resulted in five (10%} written warnings and 1 d(20%) impounds. There were two cat bites wit11 one cat gaing through quarantine with no si�;ns on illness and a second being euthaziized and tested izegative for rabies. Traps were loaned ta two residents to catch stray eats. There �vere 87 (2S%) citizen coznplaints concerning other animals (83 or 22% in 2012}. These resulted i�s one written wal-rzizlg for keeping of ehickens in the city. Of the 116 self initiated i��cidcnts, 13 (11 %} involved dogs at large (4 or 4% in 2012) resulting in one (8%} eitation, nine (69%) written warnin�s and one (8%} i�npound. Overall, officer-initiated incidents included 108 (93%) involving dogs (91 or 99% in 2012). Eighty five of these ealls caneerned dog licensing. The calls resulted in 20 (19°�0) citatians, 67 (62%) written warniilgs and ane (1%) impound. There wei-e 4'741iceiased dogs in the city at the end of 2013, 55 of these were generated from written warnings issued by Allimal Control. There were six (5%} officer-initiated incidents involving cats (one or 1% in 2012) resulting in on� (17%} citation and two (33%) written warnin�se There were two (2%) office�--initiaied incidents ulvolving ather anilnals (none in 2012), with neither needing enfarcement. I ulspected or attempted to inspect 16 new ar rerlewed liceilsed kennels and issued orze written wai-ning ta apply for a kennel license. When stats for my work in New Hope and Crystal are combisled, I encountered or responded to a total of 753 incidents during 2013: 284 (38%) in New Hope and 469 (62°lo) in Crystal. The number of citizen complaints was 601 (80%) and ihe nun7ber af officer-initiated complaints was 152 (20%). Animal Control Officers also assist with nan-animal control cails which i�zclude: documel�t deliveries to cour-t, city attorney, Council and Cammissron 1�Zembers; traffic eont�ol at accidants and fire ca11s; motol7st assists; medical assists, utility checks; found bicycles; assists at wai�ant and crime scenes; and vehicle and residential lock outs. 4 �: . �� ♦ �" �!; s r "i t s t• ° f A t' �' , i t . � i � - . i # � ! ! , -- � -�' , ' i` _ � _ � � _ .. i i _� , � t � i!' . �: �-� -� 1 ' _ '�, � t i ' . ! •' i •�, � � , � " �' ' � � • • � {i' i: i,' � •• . i• �• �'"!. !" •i't � . � , r a �, - -' t- � • ;, _ � . � '. i i . �i �'�. �'- i _i . • . i� _. ' . i �� f � f . . . � �� i,,, ! ''! , � i' - -� • • `t; � !' # i i . i. `� . • � . t .� i . t . f .i',- i , � , i • .�- . �1 �' , �'�. , � • �- -� '• • �` i + t, t • �' • . • '•' � � _� '• "' � " 1 • �' - � _, �' ' ;�; � Per the recornnlendations of an outside audit af the property and evidenc� functian, in 2013 the Crystal 1'alice L)epartment added 5 carneras to its dig�tal video recording systeln to recard activity araund the access points ta the evidence storage areas of the I'olice Department. _ , �r` : - ' •� , t -� * � • '. - • • • � - � � � • ! { i i • • * i � / • � �'� � �M i � ' i � !• 1 i i' `1 • i' ii �. . i• • ''. 1' � . � • # • � " ^� } � � - - --�-� s �"' � i �- �'ti . i "� !'" . � "� i �.'! . � # � i �' �' •� a , � �. � � - M � � � �� _ � • " a 1 • 1" i � '�' �, ! �� , _ � _ � • �' 4 .� �'t i'• ' t i w • ., ' � - � � � • • , , i . '• f- . • _� � •' . - �' . • Y' � • • �'' •i ' •'' _ •, � • i "' ' i � �`" � ' ' � `� ' + � i t '� • r • �'�" '• `�' 'i �' • • i •',�" � �' • .' • 1 �' . � i' - iii - " i# • .'• f "'! i � t'- - - ,, �' # ' . �� " �` s, !�i` � • • � � �,�,' � # ` !' �" • �• ' • � �,• - �'��,, ' • �I • • � • � •� / ♦ �"!'• a, '�, � � a � , - �'',, •t � �. '� . �_�,� � � • � • - _ �, � � � i :r • '�. • • �. .�, � -. �� ' !:�',. i ��. •� ' � �: i " � � ��` i ��. ! ! ' � • s��. • '�i • .: -. . �• -� .i� � � .- , . �- -� `� t . •� - �. . i . ` i � � The Su�port �ervices ��ordinat�r pravided the fcrllowing IT services to the �rystal Police Depar�ment: o New PC Ilnaging o Mobile Data Ca�nputer S�pport a ardware/Softwar� Troubleshoatrng and IVlaintenance o A inistratian of Crystal P� Specific Applications o Virus Removal 1 . r •�' s # i" �• t . i' s' - *� � - � � - • , �- - �- .' � • !' •'.+' . � ' •' . 'f • ` • � * i '.t •'f '' • ! . '� • ,f ' �'' - � �' �, �, •• ! .,' � ��, � . � ' 't • '#• f • � # f 6000 4540 3000 1500 0 4000 3000 2000 1d00 0 2012 2013 2012 2013 � �; • ' •��i ';�. 2012 2013 PROPERTY & EVIDENCE DIGITAL RECORDINGS �7DlGITAL PNOTOGRAPNS � . t . t � - - - , .�. - t - - �- - •' �, • •� ` • '� •'', � •�• • •t� � •' i � *ti �', �• �"i'� a' f;' �'s �•" ♦ � � ' �' ` �i �',� . i . ,'' �• �' . 'f �' . ! � . i . � •i . • ` �t .� , � � ' � " ��;. � i"i ..' ! • +," l i. ' . „ , � � �a �� , ',�� The Crystal Police Department Expiorer Post logged over 1800 hours of time volunteerad. These haurs include training, competition, fundraising, and helping with s�veral community events. � ��, • � Crystal Frolics � Toys for Tots + National Night to Unite � Kids, Caps and Firefighters � Alcohal and Tobacco Compiiance Checks � Crosswalk Enforcen�ent Project * Crystal VFW Steak Fry � Bagging at Cub Foods � St. Paul Winter Carnival � Red Bu11 Crashed Ice Event � St. Pah•ick's Day Parade i�� St. Paul � Role Players for St. Paul Reserve School • Rale Players for Brooklyn Center Active Shooter / SWAT Training � �laine Triathlon + Annual Bike Rodeo � Remodeling Fair � 3M PGA Golf Tournament � Airport Open House � Vehicle FairVisiting Adventure Club at Neil Elementary C�31i�IP�T'ITIi�N 1 T12�.INII�T� � MN Law Enforcement Explorer Competition in Rochester, MN (Apri1) � Annual Training at SCALE Regional Public Safety Training Facility in Jordan, MN � Training at the Center for Criminal Justice and Law Enfarcement at Hennepin Teclu�ical College � Monthly Firearms Training * Bomb Scene Training-Bloomii7gtan PD � Meetings � Ride-Alongs A A � CEIVE II�1 C E�'I'E • 1 S` place Aggregate Shoot � 2°d place Bomb Threat � 2"d place Sample Police Exam � 3ra place White Co11ar Crime + 3`d place Crime Prevention � 5�' place Hostage Negatiation The fallowi�zg office�•s wa�rked c�s advisors to the Past in 2013: Sergeant Pete Underthun — Coi�unittee ChairOfficer Julie Severson, Offi�cer Brandon Darr, Officer Tracia Lee, Qfficer Jonathan Wilkes - tfdvzsors � �, '�'' ,y; • ' a �.� �' `�� ;'� � �r a , �.' � ,.. } • ,. � .., ,, : , w � Members of the Crystaf Palice Reserve unit valun�eered a total af �.�66 ho�ars. The Reserve �fficers prauide a valuable res�urce to the Department, especially during buys times such as the Crystal Frolics and other large scale events. Each Reserve Officer is responsible for volunteering a minimum of 120 hours in a calendar year. In 2013, the unit had 11 active members. In addition to the below listed events, the Reserve Officers assist department staff, both swarn and non-suvorn, at accident scenes, crime scenes and any time large crawd and/or traffic cantrol is needed. � Remadeier's Fair � Crystal Fralics � Antique Car Rur� � Tafier Daze wn Brook(yn Park � Duk Duk Daze in New Hope � Whiz Bang Days in Robbinsdale � IVlonster Mash Dance • Teen Dance at the Crystal Community Center � tVationaE Night Out � West etro Fire Qpen House � DARE Graduatior►s • Crystal Airport Qpen Hause � Kids, Cops, and Fire�ighters � Citizens Poiice Academy � Annuai Bike Rodeo * IVlaple Grc�v� Days Parade + Raspberry Fest�val Parade in Hopkir�s j�• t' • • � s ',t - *- - , ♦ . � . � , f „� ,, i' !' ' •' • ♦ M''! ' !t � t�• `3` �. � , ..�, � �, ` Y ? l�J , �i 4 '. 4 } t� f . , � } t . r,�.e i�E.,.v�.�4�r..,�.�.�. ,„r.k'"'�„`,0�."...,,.%,t..� ,x,.' ..' � �,��„�. ., ..�:l; � ,��., '}v�¢, .;�� ... , a,,,,. , . . <.,.zs, �,......,. .� .,,> ,7�„ .t,. ,..:t:� ASSAULT 172 175 173 FORGEPY/COUNTERFEITING 22 20 22 FRAUI� 98 102 96 EMBEZZLEMENT 0 0 0 POSSESS STOLEN PROPERTY � 9 lp VANDALISNf 120 172 124 WEAPONS {, �7 °� PROSTITUTION p � p CRIMINAL SEXUAL CONDUCT 14 �� z2 NARCC}TICS 74 7i 85 GAMBLING p p � FAMILY/CHILDREN 4 g � DUI 189 256 2'76 LIQUQR VIOLATIQNS 15 28 1 S I�ISQRD�RLY Ct�NDUCT 8% g7 54 VAG NCY Q p p ALL {�THER OFFENSES � 12 127 99 '�'�'�"�� '�� I� �� 9�� 1.�9�: ` " : 9�9 1,400 r �zoo I,aoo $00 600 400 200 0 300 2S0 Zao 150 loa so 0 � ,. �� .. A. ,� < <II j:, ' � . ��. . :i i,: i; 2009 2410 2011 2012 2013 �Adult Arrests ❑ Juvenile Arrests Tatal Number of r s zoa9 �aio zoi� aoi2 aol3 33,504 33,OOQ 32,500 32,000 31,500 31,000 30,500 30,000 29,500 29,004 28,500 7,000 6,000 s,oao 4,000 3,000 z,00a i,000 0 2009 2010 2011 2012 2013 � T � �, �� 1, �, � i. � , � . �?, 2009 241Q 20I1 2012 2413 !:� °� � r �, �°, u . ,yx��: '�. O, ffiee� Mason Barland vvas assigt2ed to tlie t�affzc unii zn Jarauary of 2013. Offzeer Ba�land is a great assei to the C�ystal Poliee Department. Hzs efforts go above and beyond the tra�c project and he plays a key role in keeping the depart�raent's technology and equipnaent on the eutting edge. Fi^om pczt� ol vehieZe equipment and set u� ta autofnatic license�late reader technoZogy, hzs r^esearch and recomnzenda�ions are a gt°eat r^esource in helping the Crystal Police Depar^tnaent procur^e the right equipn�ent,f'or the job. U.f'fzcer Ba�land's enthuszasm, for the job is rn. f`ectiozcs. Cov��orkea^s on hzs shift can o, f'ten be fouTzd enthusiastically parftacipatang rn one of his pedestr�aan safety oa tf�af�c enfor°ceanent projects. O�`'ficer^ Barland takes g�eat p�•ide in hoth publac education and tra, f'f'fic era, f'orcement progrczms geared towards pedesti^ian and rr2otor vehicle safety. The C�ystal Police Department is proud to honor Officer &arland's hork with the 2013 O�cer o.f'the YeaN Awa�d. �! � � � � �r ,� � , Susan's level of dedzcation to both the departnaent and the community is unfaaatched, Susan is the inost sought out employee on the depar^tment by both citzzens and employees. Depar�tnzent members ar�e confident that when they refe� a famzly to Susata she wzll e��sure that they get the seY^vices they need. �n a claily basis, C�ystal Q.f'ficer^s provide parerzts, school o,f'fzcials and social workers with Susara's contczet information knawing that she pNovides the highest level of se�vice. S'usan is an expeT�t in the juvenile justice system and juvenile crime. Knowing the importance ear^ly interventior� can have in a juvenile's l fe, Susan works to connect childNen with resaurces that can h�elp thena make bettei° futuNe decisions. Just at2e example of this is the shopli.ftirag course that Susan teaches to�rst time aff�ndeNs. In additzon, Susan coo�dinates the Hennepin Coufaty JuvenileAdvisory Council as she knows the importance o.f netwov�king with other agencies arzd shaJ°ing in,f'o�^matian that cc�n be beneficzal to tlae colnmunrty's youth. Susan is a compassionate, tenacious advocate. Every day she advc�cates far the youth alzd vulazerable aduZts of'our community, She�ghts to n�ake suNe that they have aZl of tlze resou�^c�s available to help therrz and theit farvtilies. When our^ City's youth a��e vzctimized, Susan's compassion and ienacity ensur�e they get the justice tT2at zs deserved. Often times, the success of a 1aw enfot�cement agency is measured by statistzcs. I.f there were a statistic.for� how ma�ay lzves Susan has changed, the numbers would be "o,f`f the chaNts ", Susan's woNk zsn't easily n2easur•ed by numbers. Wlaile she is assigned and har�dles a large number of cases in the Investigations Utzzt, her wor^k cannot bc rvteasur°ed by a specifzc number�. Her° wark is measured by Zives and, farr�tilies changed. Susczn brings her can do attitude to heT^ wor•k and to the office everry day. Whethev� she is advocating for tl�e homeles°s to get asszstance with housing, helping the elderly with their snow�lZed driveways oN making su�e that the vulneNable a�e Neceiving thei� "dinner at the door" rtaeals, we ca� count on Susan to NepNesent ouN depar^tmen2 in an exceptional.f'ashion. Ma�ch 11, 2�I3 Aprzl4, 2Q13 �1pNzl l4, 2013 �1pr�i125, ZQ13 Apr^zZ 2S, 20Z3 Apapzl 25, 2013 $ � • ,�. ; . � . r , :� ,1 . , �� , � C?fficer� Jessica DotaaTiue C�f�cer� Sean Kwiatkowski C�fficer .Ionathan Wzlkes Of�ce�° JanatX�a�z Wilkes Qf'�cer� Mason Bat�land Office� BrFaaadan Do�°t° April25, 2013 Apr�zl25, 2014 June 12, 2013 ,Iurae 29, 2013 .7une 29; 2013 October� 9, 2013 Of�ce1� �Iulie Seve�son Q,fficer� T�acie Lee Of�ce� 11�ason Barlarzd O�cei^ Steve Hart Office� JeNry Krob L�, ffice� Jessica Donalaue �,• % , • • - ! t *�� '�.. + i�'��. ` •.. �. i, ... �. " -: ': . . ��. •. {. �. :,�� :i� ,,�} 1: Y „�� v �` . ., �; " . � �° ; • � ', k �� r ,%�kF�� 3 # ' CNt5T�t4 ,. Y>.. i�> L f' �F� 1; �:. � 3�' #� 1 i�� E �.�, there are approximately 90Q,0001aw enforcement officers serving in communities across the United States, including the dedicated members of the Crystal Police Department; and E AS, nearly 60,000 assaults against law enforcement of�cers are reparted each year, resulting in approximately 16,000 injuries; and �IE�A�, on average, one law enforcement of�cer is killed in t�e line of duty every �7 haurs in the United States; and �EI�A�, since the first recarded death in 1791, close to 24,000 law enforcement officers in the United States have made the ultimate sacrifice and been kiiled in the line of duty; and �IEI�EAS, the names of t�ese dedicated public servants are engraved on the walls of the National Law Enforcement (�fficers Memorial in Washington, D.C.; arid E AS, 321 new names of fallen heroes are being added to the National Law Enforcement Officers Memorial this spring, including 120 offieers killed in 2012 and 201 of�cers killed in previous years; and i�FIEl�AS, the service and sacrifice of all afiicers kiiled in the line of duty wi11 be honored during the National Law Enforcement Offieers Memorial Fund's 25"' Annual Candlelight Vigi1 on �he evening af IVIay 13, 2013; and E A�, the Candlelight Vigil, which approximately 20,000 people attend each year and which is videacast live aver the Internet, is part of Natianal Police Week, wl�ich takes place this year on Niay I�-18; and �IElZEA�, May I5, 2013 is designated as Peace Officers' Memorial Day in honor of�all fallen officars and their families, and U.S. flags should be flown a� half staff; and . . .• - R- • :i ii! •., • • s; - • . • t • r - • � . �. r - .a•- • • • - • ; • - • � 1�1��, 'I'�IEI�F�I�, I, Jim Adams, Mayor of the City of Crystal, do hereby pr�claim the week of May 12-18, 2013 as 1�AT'IOI� I'CiI,I�"E E� in the City of Crystal and publicly salute the serviee .of law enforcement officers in our cammunity and in communities across the nation AND praclaim �Vednesday, May l5, 2013, as N�'T'Iill� � PEESC� ��ICE �' E� AI,1)A�' �in the City of Crystal to camn�emorate �hose law enforcen7ent officers natianwide who have made the ultimate sacrifice of their lives for the greater gaad and safety af'the community and encaurages the community to fly U.S. flags at half staff on that day. Dated: May 7, 2Q 13 B �� .�� '�`�.� Y: �.' , �,�_ Jim Ad�ms, Mayor � ,. Ii is �lis � �n s i � � �c�c� s �� i �. C� j�� lt jTp �,V� tC9 �� 111�. � l t� jr� �'� i' 1t LI i� �C? �' C�St 1� �� S '�. S� O� t at jT� 1.�5� 4� �i31.1Y° �St. �� S t� �5��, 1 t� �1$y, ��1 �SS �i� �� . o r life is ev�r y�' r�� , t�:� t� � lics ca 1. i � �r a�, ny � r, ii � �s ��u � �r o � ��s 't �at�ct y� fr� a. � a� i i � �� . v��° ��ea.�s t� s i� sta s�c� a�, � �°l ��° St1� �.� $ � O C)�` l� �S �a � 1S � � �� 1� � 5�C - �.��h�� nkn�� II�I� � + - �:_ • �'