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2014.11.18 Council Meeting Packet4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Te]: ('763) 53l -1000 • Fax: ('763) 53l -1188 • www.crystalmn.gov �� ►�i�� Posted: November l4, 2014 City Council Meeting Packet for Tuesday, November 18, 2014 MEETING SCI3EDULE tt,tttt,tttt,tt,. { � k *i 1 �:,�E E E,�E�;�E E E� ,�E�:,�E E E E.� � E E�E�;�E� E E�E�;�E� E E E�..: .�E�;� �;�E� E ,�E�;�E E E,�E�;� �.,tl,l . tl,l .�,tl,l ,:c r ,tl, ..,tl,l tl,l ..t �t�.: :,t�;•:t ,t „t ,.,t�.:t i ..{ . S .�S�.�S�.�S� S S S �5:., � { . S S� �, . 5�.�. � S .�S�.�S�.�S�.�S�.�S�.�S�.�S . S . S . ,t f ,r.{ . S . i. { . 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S,{,. ,}�.f ti, ..t�i t ,7 ,t �.1� .�.�, ti. ..t�i. 1 J f. i :r .} z �.i1 ,A. :�s��;l }?�f... i. i.i^. �.t�. ! s..: �.�.f l�� i /.,.« ,,,s<., I.�. .t.t . 4.. s�.�. s t e� 7�.f ' 1., . z., . s t.. ,�{. , 1It...t.. 4.. s�.�. s t�t.i,}.: i 13 r. . it{. ry +� 4ys� t..��. tr..,. fu�, .,. �tz +,,�`��"� ,4, r„s,,,rS�,i, i�£s�r.�, �S' ,; 3;t��ttt.:�} �},J, ,Si<,:t,}fa�� ,:.s,�., �,,t. 1;��*�. , �� .��,� , ,,,�d11 ,; 3;t�Ht:�iurW t,,,.ss� ,�ti�i�s41,s i.fk� r S�fss��t�,�,� ,��t ��rF,is�?r�'4;.;;.�s°„�' 6:00 p.m. Citizen Input Time Conference Room A lst Council Work Session to discuss: 6:30 p.m. • City Attorney and Prosecuting Attorney Conference Room A services contracts 7:00 p.m. Regular City Council Meeting Couneil Chambers 2"d Council Work Session to discuss: • Review ehanges to Crystal State Aid Street Immediately Network for Phase 14 and Phase 16 Street following the Reconstruction projects Conference Room A Regular City . JWC Pipeline Failure Review and Update Council Meeting . 2015 Budget Questions • Commission ]iaisons reports/updates Auxiliary aids are available upon request to individuals with disabilities by calling the City Clerk at (763) 531-1145 at least 96 hours in advance. TTY use�s may call Minnesota Relay at 711 or 1-800-627-3529. 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: ('763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov CRYSTA� CITY COUNCI� FIRST WORK SESSION AGENDA Tuesday, November 18, 2014 6:30 p.m. Conference Room A Posted: November 14, 2014 Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, the first work session of the Crystal City Council was held at p.m. on Tuesday, November 18, 2014 in Conference Room A located at 4141 Douglas Drive, Crystal, Minnesota. I. Attendance Council members Staff Budziszewski Norris Deshler Therres Hoffmann Revering �ibby Peak Selton Adams Serres I1. Aqenda The purpose of the work session is to discuss the following agenda item: • City Attorney and Prosecuting Attorney services contracts 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. �� ae e orandu 'CRYSTliL DATE: November 10, 2014 TO: FROM: SUBJECT tVlayor and City Cauncil Anne Norris, City Manager '� City Attorn�y Services Agreement — 2015 and 2016 -_ .�.:�111`�1�7 The City's current contract with Kennedy & Graven for city attorney services expires Qecember 31, 2014. Current hourly rates are $150 —$160, depending on the attarney involved and type of legal services provided. We alsa pay a monthly retainer af $3,750 which cavers much �f the routine legal services and inquiries. The hourly rates are the same in 2015 as they are in 2014 and the retainer in 2015 is a 2% increase over the eurrent amount. � • •+►• �• a �. • . - -s : . • • i 1 • . . -• • M • � M ., + t �, • ,, � .. � + � � i . . "` . • • � �� Hourly rates $� 50 - $160 0% Retainer $3,833 2% � The proposed 2015 rates are reflected in the 2015 budget. p/0 ��C.r��'� � � .. �,. � �� + .. � i ^i i ♦' r i ♦ ' �• �' .. !• � R � f � � • ` �• j • n � �r i _ ., ,.� � �' � ! ' � �r { • • �r ♦ w ! '"` rt � 1e i . � � ` r. • � � � . - • i 1 « . • -� - • •�• -• • . . • . • ' ` . • . � r r � .� � �:: � . � . . '" .. AGREEMENT FOR LEGAL SERVIC�S This Agreement, entered into between the CITY OF CRYSTAL, a Minnesota municipal corporation (City) and the law firm of KENNEDY & GRAVEN, CHARTERED (City Attorney) effective as of this 1 st day of January, 2013, provides as follows: Section 1. Back�round: Findin�s. 1.01. Pursuant to Section 6.02 of the City Charter the appointment and removal of the City Attorney are made by the City Council. 1.02. At a duly called regular meeting of the City Council held on , 2014, the City Council determined that the firm of Kennedy & Graven, Chartered be engaged as City Attorney, with Michael T. Norton of that firm serving as primary legal counsel for the City, and instructed the City Manager to prepare an agreement between the firm and the City setting forth the terms and conditions of the engagement. Section 2. Terms and Conditions. 2.01. In consideration of the mutual promises and conditions contained in this Agreement the City and the City Attorney agree to the terms and conditions set forth in this section. 2.02. a) The City appoints the firm of Kennedy & Graven, Chartered as City Attorney, with Michael T. Norton acting as primary legal counsel for the City; Troy J. Gilchrist serving as Assistant City Attorney; and Martha N. Ingram serving as EDA Counsel. b) The City Attorney agrees to perform all usual and customary legal services for the City in accordance with the terms of this Agreement. c) The City agrees to compensate the City Attorney for services as follows: An annual retainer fee as follows: $46,000 payable in monthly installments of $3,833 commencing as of January l, 2015 and continuing through December 31, 2015; $47,000 payable in monthly installments of $3,917 commencing as of January 1, 2016 and continuing through December 31, 2016. Services to be covered by the retainer fee are as follows: 1) Attendance at all Council meetings, regular and special; 2) Meetings with staff and public groups as requested by the Council or the City Manager and public hearings before the Council; 446639v1 MTN CR205-30 3) Review and preparation of contracts, performance bonds, insurance and other routine legal documents; 4) Routine ordinance code amendments and preparation of resolutions; 5) Formal and informal legal advice to Council and staff, commissions and committees; 6) Inquiries from the public on non-police matters, i.e., matters not directly related to criminal prosecution activities; and 7) All other legal services except litigation, eminent domain, local, state and federal administrative proceedings, labor matters, code enforcement matters, services to the Economic Development Authority and services to the Crystal Charter Commission. 2.03. As an aid to the interpretation and administration of Sections 2.02 and 2.04 of this Agreement, the following definition of terms is agreed upon: "Routine" means matters that regularly reoccur and are customarily undertaken by a City Attorney in the discharge of the office. A matter that does not occur regularly is not routine. Review of a typical public works contract, and preparation or review of a usual and customary ordinance, are examples of a routine matter. Preparation or review of a significant contract related to a unique project, and preparation and research related to a unique ordinance, are examples of a non-routine matter. "Litigation" means services performed by the City Attorney a) in response to an action commenced against the City or its officers by the service of legal process, and b) services performed by the City Attorney in matters where litigation, in the judgment of the City Manager, is certain to be commenced. "Eminent domain" means services performed directly related and preparatory to the commencement of an action of eminent domain by the City. "Administrative proceedings" means services directly related and preparatory to representing the City before a federal, state or regional administrative agency or an administrative agency of the City or another political subdivision of the state. "Labor Matters" means advice or other services related to a specific employee or labor union. General advice regarding labor or employment law, not related to a speciiic employee or union, is not considered a"labor matter" for the purposes of this Agreement. "Code Enforcement" means any services related to civil enforcement of ordinances, including without limitation research and advice regarding the prospects for success. "Development" and "redevelopment" mean, with reference to the EDA, the negotiating and drafting of development contracts, tax increment financing plans, development and 446639v1 MTN CR205-30 2 redevelopment plans and related technical services other than routine services to the EDA, typically paid by the developer of the project as a pass through cost. The City Manager and the City Attorney are authorized and directed to consult on the application of these defined terms to any particular matter, but the final determination of their application is to be made by the City Manager. 2.04. For legal services, except as provided in Section 2.09, the City agrees to compensate the City Attorney at the following hourly rates for services indicated in the year and at the hourly rates indicated below: General civil matters directors associate attorneys clerks and paralegals Charter Commission directors associate attorneys clerks and paralegals Economic Development Authority, General EDA advice directors associate attorneys clerks and paralegals Liti�ation, eminent domain and administrative proceedin�s directors associate attorneys clerks and paralegals Economic Development Authority - development and redevelopment projects-fees paid bv the developer directors associate attorneys clerks and paralegals 2015 $150 147 107 $150 145 107 $150 145 107 $160 150 107 $225 195 115 2016 $155 150 110 155 150 110 155 150 110 165 155 110 230 200 120 2.05. The City Attorney will record all time spent on general matters covered by the retainer fee described in Section 2.02 at the rates specified above for "General Civil Matters." 2.06. The City will compensate the City Attorney for the following actual and necessary expenses incurred by the City Attorney on behalf of the City: a) Mileage at the City rate to and fi•om locations where services on behalf of the City are performed, including parking fees. 446639v 1 MTN CR205-30 3 b) Meals purchased by the City Attorney when it is not reasonable, because of City business, for the City Attorney to dine at home. c) Printing, photocopying and telephone charges at the actual cost thereof. d) An annual subscription to the official City newspaper. These expenses will be billed monthly and accompany monthly billing statements. 2.07. Billings by the City Attorney to the City for services will be on a monthly basis, except as may otherwise be agreed upon by the parties as to the retainer fee as set forth in Section 2.02. 2.08. The retainer fee and hourly rates speciiied in this Agreement will remain in effect until December 31, 2016. 2.09. The City Attorney will act as approving bond counsel for the City if so requested by the City. These services are not part of this Agreement, but may be made such by mutual agreement of the parties. In the event such services are desired by the City, fees for these services will be those usual and customarily charged by the firm of Kennedy & Graven, Chartered. 2.10. It is the intention of the parties and it is hereby agreed by the City Attorney, that the term "primary legal counsel" as used herein means and refers to Michael T. Norton who will, except in the case of extraordinary circumstances involving disability, unavoidable conflict or other good and substantial reasons, perform, supervise and be responsible to the City for the legal services to be provided, with Troy J. Gilchrist as Assistant City Attorney. 2.11. This Agreement may be amended by the parties at any time by mutual consent. 2.12. This Agreement may be terminated by the City or by the City Attorney upon 60 days written notice by either party. In the event of termination, the City may request the City Attorney to assist with designated "transition" services subsequent to the effective date of termination, which shall be billed at the then applicable rate as described in Section 2.04 above. 446639v 1 MTN CR205-30 4 IN WITNESS WHEREOF, the parties have caused this agreement to be duly executed by their proper ofiicers and representatives as of the day and year first above written. CITY OF CRYSTAL, MINNESOTA By Jim Adams Its Mayor By Anne Norris Its City Manager KENNEDY & GRAVEN, CHARTERED By Michael T. Norton City Attorney 446639v1 MTN CR205-30 e orandu �'�, CiTY'iof", cxYsrtu, DATE: November 10, 2014 TO: FROM: SUBJECT �ayor and City Council t Rnne Norris, City Manager �� Proseeuting Attorney Services Agreement :• -• � - - • . . . . . � : ' . . � ' ' • � • - s „ ♦ - - - - + - �- - •- i � - ♦ - . - ', . � . . .• • "� 1�1 j . '• r • •�• '� ,.� `. • .. ` � • 4 „ .. � ... * a. �� /. + 4 �� r � �� • �1k � '� 1i1 i� � ', • i iii The annual cap increase is largely due to changes in how the courts schedule cases that require attorneys to be at the court for longer periads of time, rather than only for the time far specific cases. At its November 6 meeting, the Council cantinued consider�tior� �� this �greerr�ent pending discussion at the Navember 18 work sessian before the regular meeting. • • ,�• • r� . �, �, „ � . , .� . � � � 4 ., ,. � � •-• • �'- ,. � • - . . .� ' . , � . � ,. � . i . . . . � . ♦ . � a � � � .r f �r. Y. .. ,.. r .. � �r . � � � � + � r. � ,. .� • r, .. � . . r i '� ♦�. � .r i �� i 1 � • � 1 �...r ..... I.��Gr�I.� SERV�CES I��I2E�IV��I�t'T THIS AGREEMENT, made and entered into this day of , 2a 14, by and between the City of Ciys�al, a Minnesota municipal corporation, hereinafter referred to as °Crystal" and MacMillan, Wallace & Athan�ses, P.A.., a Minnesota professional corporation hereinafter referred to as "Attorney" o�• °law firm". WHEREAS, the parties hereto desire to enter into an agreement t•egarding prosecution services; NOW, THERBFOI2E, in consideration of the mutual prainises of the parties, Crystal and Attorney Izereby agree: Crystal hereby retains said law firm to perform all of the muilicip�l criminal prosecutic�n work far Grystal for the three year period cammencing Januaiy l, 2015, and said law firm agrees to do so. 2. For said services, Crystal agrees to pay Attorney at the r�te of One Huncired Fo�•ty Dolla�•s ($140.00) per 17our during the year 2015, Qne Hundred Foriy-five Dallars ($145:00) peY' hoG�r during the year 2016 and One Huncired Fif�ty Dollars ($150.00} per hour far the bal�nce of the terr�l of the contract, plus casis, such payment to be an a monthly basis as billed. 3. The attarney fees will not exceed $13O,OOQ.00 in 201 S, $135,000:00 in 2016 or $140,400,00 per calendar year for the balance of tlle ternl af tlle contract. It is understoad and agreed that the pa��ties will in goocl faith adjust said cap in the event of uraforeseen changes in atto�°ney time requirements. 4. The parties may by inutual consent amend this agreeXneilt at �ny time. IN WITN�SS WIIE?ZEQF, the parties have, on the date first above wz'itten, executed this Agreernent in duplicate, each of which shall be cansidered �n ariginal. THE CiTY OF CRYSTAL MacMILL1aN, WALLAC T�IANASES, P.A. ��.._. .�--� By: By� Jim Adams Peter A. MacMillan Its Mayor Sec1•etatyiTreasl�rer By: �nne Narris Iis City Manager THE CITY MANAGER'S COMMENTS ARE BO�DED. � .. ,� � � ��i��l�� •; • - •- ; � . 11 ' I. CALL TO ORDER ROLL CALL AND PLEDGE OF ALLEGIANCE COUNCIL MEETWG MINUTES The Council will consider the minutes from the following meetings in a single motion: 1. Two Council Work Sessions from November 6, 2014; and 2. The Special City Council Meeting from November 7, 2014. III. 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; and 3. Approval of 2015 Environmental Health Services Agreement with Brooklyn Park. 1. The Mayor will open a public hearing to receive comment and consider a resolution approving a currency exchange renewal license for EZ Cash Crystal, LLC located at 127 Willow Bend. The required documentation has been provided and there is no reason not to approve the currency exchange renewal license. Recommend approval after taking public comment during the public hearing. V. REGULAR AGENDA 1. The Council will consider a conditional use permit for custom manufacturing at 5249 Douglas Drive North. The property at 5249 Douglas is zoned C-2 General CommerciaL The property owner has applied for a conditional use permit for custom manufacturing of dental prostheses. The Planning Commission held a public hearing on the conditional use permit application on November 10 and unanimously recommended approval based on the findings and subject to the conditions outlined in the staff report. Crystal City Council Meeting Agenda November 18, 2014 2. The Council will consider a garage height variance for 6602 59t" Avenue North. The detached garage at 6602-59t" Avenue North was built in 1997 and complied with the height requirements at that time for accessory structures. The Code was changed in 2004 which changed how the height of accessory structures is measured, making the garage a lawfully non-conforming use. A variance is necessary in order to expand the garage. The property owner is requesting a variance to build an addition onto the back of the garage to match the existing garage. The Planning Commission held a public hearing on the requested variance on November 10 and unanimously recommended approval based on the findings and subject to the conditions contained in the staff report. 3. The Council will consider city attorney services contract for 2015 — 2016. The city contracts with Kennedy & Graven for city attorney services and the current contract with Kennedy & Graven expires December 31, 2014. Crystal has a good and long relationship with Kennedy & Graven providing city attorney services through the many attorneys who are available to assist staff and the Council with various legal matters. The proposed contract is for 2 years and the hourly rates remain the same in 2015 and the retainer increases by 2%. Recommend approval of the contract with Kennedy & Graven for city attorney services for 2015-2016. 4. The Council will consider prosecuting attorney services contract for 2015 — 2016. The city contracts with MacMillan, Wallace & Athanases P.A. for prosecuting attorney services and the current contract expires December 31, 2014. Crystal has benefitted from a long relationship with this firm and the attorneys in it. The proposed contract is for 3 years, with the hourly rate in 2015 remaining as it is in 2014. The cap on the contract has been increased, consistent with our experience with changes in court scheduling as well as arrests. Recommend approval of the contract with MacMillan, Wallace & Athanases, P.A. for prosecuting services for 2015 — 2017. VI. 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. 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 Page 2 of 3 Crystal City Council Meeting Agenda November 18, 2014 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.) V11. INFORMATION AND DISCUSSION 1. The Crystal Business Association meets at 8:30 a.m. on Wednesday, November 19 at Buffalo Wild Wings, 5590 West Broadway. 2. City Offices will be closed for the Thanksgiving Holiday on Thursday and Friday, November 27 and 28. 3. The next City Council Meeting will be at 7:00 p.m. on Tuesday, December 2, in the Council Chambers at City Hall. 4. Reminder — There is no Citizen Input Time scheduled in December but the Mayor and Councilmembers are still available by phone, email or to meet. IX. MEETING SCHEDULE ON NOVEMBER 18. 2014 t J 4�: t'�.. F E t' f t. F..:�t.tE t. F.};'''.1 4...,4. 4. 4. 4...,4 4 5 �'3. t ..i.�' ��:i � t.. is.lf, }.f }�. }.f (} t #fl } }�. }�. }�. }�. }�.} }.f f}. ,}f ,t, . f, �1�,7 .7}..{ .i 3131313). i.' 3„ 3,.4�. .£ t. .,r . }?.. } , 7 ?.. ..a t .. �, . . i�. .�. .� .� �.. .) 2� .. .�„)� i ,i . .3.. 3.. � . i � Y. .Y, l�.l s t t..2�. 1 r � � k. l �i t . ,� � k. � {:'' � } t• s, , !s l l 1 ( �, � 3 1 .}t.. r� t, .t.t. �.fi .}r.} ._�' i 7. .t t t�. i. :r�,�r i.. t� f � c � r � k t. l � � t. s t l ..r ..t> .lF ..s::! t. .{ 4 4. �? .f .! f.. .f. ra<;` .s. � - t : i �- 1 r ;.. .I }f. ..�f t ..i�� t , �: z E ri. . t t iU . J}s t...#...r r i i..,f t st� 24. .s.. '� y�� t. :*.. ��.�. 3.tt.. tt .,t < t� ,.I} S.. .�.h. .t i;�c ,{ at .it� t..t .t ft=� t tl..i r 4.. t ��. 3t:t ss..t:' a< { r. .t{.:� 4tfttt, z. 4f{ti�t� lari.7.t2t t� i;.;47t E sr� 4 i�t .itl tic{.t t,f rt.tfit� )s.y7s t t r t� �t. �t�to.t,�„Ix ,1, ,��, h��a �.ty..��i t{ .t.r,t,�zs„i��1�,3tNt,)�a+ t£,i�,i§�,�,.r,t14,� .+i� ,rt,�,�,i;.t,t,��;,�� t.d��3�.r,<}t.f. ,b,ta�,,4x,7.� ,5,��,tL.�,+a,.s. ti ,�-� ,,.s�,at��.£�,�rt?�s.,d;, 6:00 p.m. Citizen Input Time Conference Room A 1St Council Work Session to discuss: 6:30 p.m. • City Attorney and Prosecuting Attorney Conference Room A services contracts 7:00 p.m. Regular City Council Meeting Council Chambers 2" Council Work Session to discuss: • Review changes to Crystal State Aid Immediately Street Network for Phase 14 and following the Phase 16 Street Reconstruction Conference Room A projects Regular City . JWC Pipeline Failure Review and Council Meeting Update • 2015 Budget Questions • Commission liaisons reportslupdates* * Denotes no supporting information included in the packet. Have a great weekend; see you at Tuesday's meeting. Page 3 of 3 Crystal City Council First Work Session minutes November 6, 2014 Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, the first work session of the Crystal City Council was held at 6:31 p.m. on Thursday, November 6, 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 manager recorded the attendance with the following members: Page 1 of 1 er Crystal City Council Second Work Session minutes November 6, 2014 Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, the second work session of the Crystal City Council was held at 8:48 p.m. on Thursday, November 6, 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 manager recorded the attendance with the following members: Page 1 of 1 er Crystal City Council Special Meeting minutes November 7, 2014 I. CALL TO ORDER Pursuant to due call and notice thereof, the Special Meeting of the Crystal City Council was held on Friday, November 7, 2014 at 3:00 p.m. in Conference Room A at 4141 Douglas Drive in Crystal, Minnesota. Mayor Adams called the meeting to order. ATTENDANCE The city clerk recorded the attendance with the following members: COUNCIL: Adams, Deshler, Hoffmann, Libby and Selton. ABSENT: Budziszewski and Peak. STAFF: City Manager A. Norris and City Clerk C. Serres. II. REGU�AR AGENDA 1. The Council considered a resolution canvassing the election returns and declaring the results of the General Municipal Election for the offices of Councilme'mber Section II, Councilmember Ward 1 and Councilmember Ward2. City Clerk C. Serres addressed the Council. Moved by Councilmember Deshler and seconded by Councilmember Libby to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTIt3N NO. 2�14 — 96 RESOLUTIt)N DEGLARING THE RESU�TS OF THE 2014 GENERAL MUNICIPA� ELECTION Voting aye: Adams, [ Absent, not voting: B III. ADJOURNM Moved by C� adiourn the i The � n, �ibby and Selton. Peak. Motion carried, resolution declared adopted. Hoffmann and seconded by Councilmember Deshler to adjourned at 3:06 p.m. Chrissy Serres, City Clerk Page 1 of 1 Motion carried. Jim Adams, Mayor CONSENT AGENDA #1 APPLI�CATI�ONS FOR CITY LICENSE November 18, 2014 GASINSTALLER Assured Heating, AC and Refrig Inc 13571 Balsam Lane N Dayton, MN 55327 High Road Heating & Cooling 6650 Winfie]d Circle N:Rockford, MN� 553'73 Home Energy Center 2415 Annapolis Lane N#170 Plymouth, MN 55441 Treated Air Company 9954 166th Ct SE Becker, 1VIN 55308 PLUMBER J Gadtke Plumbing LLC 11245 Xylon Ave N Champlin, MN 55316 Plumbing Services Inc 7938 N�orth Shore Trl Forest Lake, MN 55025 REFUSE HAULERS Advanced Disposal Services Solid Waste Midwest LLC 309 Como Ave St Paul, MN 55103 Michael P Hall Inc 3119 150ti' Ln NW Andover, 1VIN 55304 Waste Management of Minnesota, Inc 10050 Naples St NE Blaine, MN 55449 RENTAL — RENEWAL 4401 Adair Ave N� — JDA Group LLC (Conditional) 3157 Douglas Dr N— Drew/Terri Kabanuk (Conditional) 3335 Douglas Dr N— Drew/Terri Kabanuk (Conditiona]) 3200-3204 Douglas Dr N— Livings Works Ventures Inc 3816 Douglas Dr N— Thomas Eickholt (Conditional) 5450.5500 Douglas Dr N— Calibre Chase Ptnrs Ltd Ptn/Cedarwood Apts (Conditional) 5009 Florida Ave N� — Toby/Claudia Carrillo 5401 Georgia Ave N— Jon Huelskamp (Conditional) 4856 Jersey Ave N— Equity Trust Company 3416 Lee Ave N— James/Nicole Clarke 3405 1Vlajor Ave N— Brad/Amy Sutton (Conditional) 7021 Markwood Dr N— Kara Henke/Ronald Ledoux 5600 Nevada Ave N— Gary Yanish 5856 Quebec Ave N— Loren George 5233 Unity Ct N— Senco Investments LLC (Conditional) 4825 Vera Cruz Ave N- Mar-Don Investments, Inc (Conditional) 5607 Vera Cruz Ave N— Kenneth 1Vletzger (Conditional) 5619 Vera Cruz Ave N— South Face Investments LLC 5431 Welcome Ave N� — Douglas/Marilyn Paul 3224 Xenia Ave N— Kevin/Julie Matzek (Conditional) 4323 Xenia Ave N— JDA Group LLC 5109 49th Ave N— Zedler Renovations LLC (Conditional) 6801 5l st P] N� — Todd/Andrea Zimmermann 6635 52"d Ave N— JNF Properties 5 LLC (Conditional) 6432 5'7�h Ave N— Thomas 1VLiller (Conditional) Page 1 of l CONSENT AGENDA #2 DATE' November 12, 2014 TO: Anne Norris; City Manager City of Crystal City Council FROM: Charles Hansen, Finance Director RE: Expenditures`over$25,000 �'avee Description Alpha Video and Audio inc Council Chamber AudioNideo and Lighting Projecf Ziegler Jnc Diesei generator for Pump Station MCES SAC Gharges for October MN Playground Playground equipment for Bassett Creek Park PERA Employee & city required contributions: pay date 11/7/2014 iRS - EFTPS Social Securiry, Medicare; & Federal Tax W/H; pay date 10/24C2014 O\Tnnya�Accis i �i\Checla o�er 525,000 hlema Amount $131,795.02 $42,150:80 $27,061.65 $63,118.17 $47; 898.21 $50,405.77 $362,429.62 .. , � ... ., ..l. _ � , ..l. ■ .. COUNCIL STAFF REPORT ��rY�oF 2015 Environmental Health Services Aqreement CRYSTAL FROM: Patrick A. Peters, Community Development Director �� TO: Anne Norris, City Manager (for November 18, 2014 Council Meeting — CONSENT AGENDA) DATE: November 13, 2014 SUBJECT: 2015 Environmental Health Services Agreement with Brooklyn Park BACKGROUND The Brooklyn Park environmental health division has provided outstanding environmental health enforcement services to the city of Crystal and its residents for over seven years. Staff is requesting Council approval of an environmental services agreement for 2015 so that this highly-effective partnership may continue. DISCUSSION The city of Brooklyn Park Code Enforcement and Public Health Division has provided environmental health services on a contract basis to the city of Crystal since 2006. Over that time there have been dramatic reductions in the scope of contracted health services due to the MN Departments of Agriculture and Health assuming responsibility for inspection and licensing of grocery and convenience stores, bakeries, pre-packaged food sales, perishable and non-perishable vending operations, retail food establishments, lodging establishments, public swimming pools, and tattoo and body piercing establishments. Accordingly, the responsibilities assumed by Brooklyn Park and Crystal under the existing 2014 and proposed 2015 agreements are limited to those health services necessitated by certain provisions of the Crystal City Code, including unsanitary property conditions; garbage and refuse; public restrooms; tanning facilities; clandestine drug lab sites; and therapeutic massage. As with past agreements, the 2015 agreement is an hourly contract. The not to exceed amount of $4,000 in the 2015 agreement remains unchanged from previous years. The amount is based on the level of health services billed by Brooklyn Park in immediately prior years with an adequate cushion for unforeseen events. RECOMMENDATION Staff recommends approval of the 2015 Environmental Health Services Agreement with the city of Brooklyn Park for environmental health services. ATTACHMENTS ■ Proposed Health Services Agreement for 2015 ■ Letter to Brooklyn Park City Manager .. , � ... ., ..l. _ � , ..l. ■ .. ENVIRONMENTAL HEALTH SERVICES AGREEMENT This Environmental Health Services Agreement ("Agreement") is made on this day of , 20 , by and between the City of Crystal, a Minnesota municipal corporation ("Crystal") and the City of Brooklyn Park, a Minnesota municipal corporation ("Brooklyn Park"). WHEREAS, Crystal is authorized and empowered to provide for environmental health services to ensure the public health, safety and welfare; and WHEREAS, environmental health services have been provided to Crystal by Brooklyn Park for Crystal since November 21, 2006; and WHEREAS, Brooklyn Park currently has employees performing environmental health services; and WHEREAS, Brooklyn Park has determined that, in addition to providing environmental health services for itself, its employees can continue to provide these services to Crystal; and WHEREAS, both parties can benefit from Brooklyn Park continuing to provide these services to Crystal; and WHEREAS, the parties desire to enter into this Agreement setting forth the terms by which Brooklyn Park will perform the services on behalf of Crystal; and NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth below, the parties agree as follows: 1. Environmental Health Services. A. Hourly Services. Brooklyn Park shall provide the following environmental health services to Crystal upon the request of Crystal ("Hourly Services"): 1. Respond to any environmental health emergencies, such as illness outbreaks or pollution investigations. If Brooklyn Park first becomes aware of an environmental health emergency in Crystal, it shall reasonably attempt to notify Crystal before responding. 2. Perform routine inspections of existing establishments and facilities, as required by applicable Codes. Crystal shall be responsible for prosecuting any Code violations; and 3. Perform complaint investigations for complaints received pursuant to the applicable Codes. Crystal shall be responsible for forwarding the complaint to Brooklyn Park's Code Enforcement & Public Health Manager for investigation. Crystal shall also be responsible for prosecuting any Code violations; and 4. Respond to any public health nuisances such as clandestine drug lab sites, unsanitary housing, air quality, and water pollution. Crystal shall be Page 1 of 6 .. , � ... ., ..l. _ � , ..l. ■ .. responsible for informing Brooklyn Park's Code Enforcement & Public Health Manager of any public health nuisance and prosecuting any Code violations. If Brooklyn Park first becomes aware of a public health nuisance in Crystal, it shall reasonably attempt to notify Crystal before responding; and 5. Provide assistance to Crystal in providing general information from the Codes related to environmental health to citizens and businesses; and 6. Respond to any complaints related to violation of the noise standards as defined by Minnesota Rules Chapter 7030. Crystal shall be responsible for forwarding any noise complaints to Brooklyn Park's Code Enforcement & Public Health Manager for response. Crystal shall also be responsible for prosecuting any Code violations; and 7. Provide other inspection services or technical recommendations related to Code matters as may from time to time be requested by Crystal; and 8. Assist Crystal in its prosecutions of any Code violations by providing information and testifying in court. B. Crystal at all times shall be responsible for administering and enforcing any of its zoning requirements, including but not limited to, approval of site plans, building size, building location and building use and any other applicable performance standards. Crystal shall be responsible for administering and issuing all licenses and permits and collecting any applicable fees. Crystal shall receive and retain any applicable license or permit fees. Under no circumstances shall Brooklyn Park be responsible for performing any services related to Fire Code or Zoning Code enforcement or any other code compliance inspections that are not performed in connection with issuance of an environmental health license or public health investigation. Brooklyn Park shall not be responsible for prosecuting any Code violations or violations of any other code provision, State statute or regulation. C. The Hourly Services to be performed by Brooklyn Park may be performed by any qualified member of the Brooklyn Park Code Enforcement and Public Health Division and any qualified employee working under the direction and supervision of Brooklyn Park's Code Enforcement & Public Health Manager. 2. Fees and Expenses. A. Fees. For any Hourly Services provided by Brooklyn Park, Crystal shall pay an hourly rate of $69.00/hour ("Hourly Fee") and shall not exceed a cumulative total of $4,000 over any calendar year. If the Hourly Services consist of responding to an environmental health emergency, Crystal shall also pay Brooklyn Park any overtime pay incurred by Brooklyn Park for its responding personnel, any equipment rental costs (including equipment that is owned by Brooklyn Park), supply costs, outside vendor services costs and costs for any other services used by Brooklyn Park during the environmental health emergency. Brooklyn Park's Code Enforcement and Public Page 2 of 6 .. , � ... ., ..l. _ � , ..l. ■ .. Health Manager or his or her designee shall have the exclusive authority in determining the need for any of these resources. B. Adjustment of Fees. The Hourly Fee listed above may increase on January lst of each year. Prior to January 1 St, representatives from Brooklyn Park and Crystal shall meet to determine the amount of the increases. The increases shall be approved by the Crystal City Council. C. Payment of Fees. Brooklyn Park shall submit to Crystal by the 15t" of each month a detailed statement of the Hourly Services rendered in the month prior along with an invoice that includes the amount due, in such form and detail as Crystal may reasonably require, as well as periodic suggestions regarding other matters relating to the inspection service. Crystal shall pay the invoice no later than thirty days from the date of the invoice. 3. Records. Brooklyn Park shall maintain any original records related to the Hourly Services for Crystal. These records shall be kept on file by Brooklyn Park pursuant to State law. They shall be accessible to Crystal. In the event this Agreement is terminated, all original records shall be returned to Crystal. 4. Administrative Responsibility. The Brooklyn Park Code Enforcement & Public Health Manager and his or her designees are hereby provided specific authority by Crystal to administer and enforce the Codes as provided by this Agreement. The daily administration of the Hourly Services rendered pursuant to this Agreement shall be under the sole direction of Brooklyn Park. The degree of Hourly Services rendered, the standards of performance and other matters relating to regulations and policies shall remain under the control of Brooklyn Park. The Hourly Services rendered under this Agreement shall be performed at the City offices of Brooklyn Park, except for required on-site inspections or as otherwise specifically noted in this Agreement. 5. Personnel, Employees of Brooklyn Park. Any employee assigned by Brooklyn Park to perform the Hourly Services pursuant to this Agreement shall remain the exclusive employee of Brooklyn Park. Crystal shall not assume any liability and shall not be responsible for the direct payment of any salary, wage, workers' compensation, income tax withholding, PERA withholding tax and health insurance or any other type of compensation to any Brooklyn Park employee for performing the Hourly Services pursuant to this Agreement. 6. Communications, Equipment and Supplies. With the exception of environmental health emergency services, Brooklyn Park shall be responsible for the costs of providing any necessary supplies, equipment and vehicles for the Brooklyn Park Code Enforcement & Public Health Manager and his or her designees in performance of the Hourly Services. In the event that there are any supplies that must be specially printed for Crystal such as permits, licenses, forms, etc., Crystal shall be responsible for purchasing these supplies. 7. Indemnification. Brooklyn Park agrees to defend, indemnify and hold harmless Crystal and its officials, agents and employees from and against all claims, actions, damages, losses, liabilities or expenses, including attorneys' fees arising out of or resulting from Brooklyn Park's performance of the Hourly Services pursuant to this Agreement. Crystal agrees to defend, indemnify and hold harmless Brooklyn Park and its officials, agents and employees Page 3 of 6 .. , � ... ., ..l. _ � , ..l. ■ .. from and against all claims, actions, damages, losses, liabilities or expenses, including attorneys' fees arising out of or resulting from Crystal's performance of its duties required under this Agreement. Nothing herein shall be deemed a waiver by either party of the limitations on liability set forth in Minnesota Statutes Chapter 466. Insurance. During the entire term of this Agreement, Crystal shall maintain comprehensive general liability insurance in amounts sufficient to cover the maximum liability limits provided by state law, in order to protect Crystal and Brooklyn Park from liability, which arises directly or indirectly from the provision of the Hourly Services pursuant to this Agreement. This insurance shall include coverage of Crystal's indemnification obligation in paragraph 7 above. 9. Severability. In the case any one or more of the provisions contained in this Agreement shall be declared invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained in this Agreement and any other application of this Agreement shall not in any way be affected or impaired. 10. Notices. All notices required by this Agreement shall be in written form and shall be delivered to the respective City Manager. Notice may be made by personal delivery, facsimile or U.S. Mail. 11. No Partnership. It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of co-partners between the parties hereto or as constituting the persons employed by Brooklyn Park as the agent, representative or employee of Crystal for any purpose or in any manner whatsoever. Brooklyn Park is to be and shall remain an independent contractor with respect to all services performed under this Agreement. 12. Entire Agreement. This Agreement represents the entire Agreement between Crystal and Brooklyn Park and supersedes and cancels any and all prior agreements or proposals, written or oral, between the parties relating to the subject matter hereof, any amendments, addenda, alterations, or modifications to the terms and conditions of this Agreement shall be in writing and signed by both parties. 13. Term of Agreement. Notwithstanding the date of execution, this Agreement shall be effective on January 1, 2015 and shall terminate on December 31, 2015. This Agreement may be renewed for additional one year terms by mutual agreement of the parties. Either party may terminate this Agreement without cause upon 180 days' prior written notice to the other party. In the event of termination of the Agreement by either party, Crystal shall be responsible for payment of a prorated amount of the quarterly Annual Fee for any Hourly Services rendered by Brooklyn Park after the termination date which are necessarily incurred in order to complete work begun prior to the termination date. 14. Counterparts. This Agreement may be simultaneously executed in any number of counterparts, all of which shall constitute one and the same instrument. Page 4 of 6 .. , � ... ., ..l. _ � , ..l. ■ .. IN WITNESS WHEREOF, the parties have set forth their hands on the day and year first written above. CITY OF BROOKLYN PARK By: Jeffrey Lunde Its: Mayor By: James D. Verbrugge Its: City Manager CITY OF CRYSTAL By: Jim Adams Its: Mayor By: Anne Norris Its: City Manager Page 5 of 6 .. , � ... ., ..l. _ � , ..l. ■ .. EXHIBIT A The following Crystal City Code provisions shall be applicable to the Hourly Services being provided by Brooklyn Park pursuant to this Agreement: Section 425 — Property Maintenance Code (applicable sections; e.g., unsanitary conditions) Section 605 — Garbage and Refuse Section 620 — Steam Baths, Public Restrooms (includes Tanning Facilities) Section 645 — Noise Control Section 670 — Clandestine Drug Lab Site Section 1195 — Therapeutic Massage Page 6 of 6 � C1TY � of CRYSTAL '�. ,, i November 12, 2014 .. , � ... ., ..l. _ � , ..l. ■ .. 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.ci.ciystal.mn.us James D. Verbrugge, City Manager City of Brooklyn Park 5200 85th Ave N Brooklyn Park MN 55443 Dear Mr. Verbrugge: I have enclosed a draft copy of the proposed agreement between Crystal and Brooklyn Park for Environmental Health Services coverage for calendar year 2015. In light of the extremely positive relationship and continually high levels of satisfaction resulting from this contractual relationship over the past seven-plus years, the city of Crystal is looking forward to extending the agreement term for 2015. The $4,000 contract amount and the terms of the proposed agreement for 2015 remain unchanged from the 2014 agreement. The contract amount reflects the level of service anticipated for 2015 based upon services invoiced by Brooklyn Park during 2012, 2013 and 2014. The budgeted amount relates primarily to your staff's assistance with investigation and abatement of unsanitary and unsafe housing conditions. I am asking for Council consideration of the 2015 contract at its meeting on November 18, after which I will send you two copies of the agreement for execution by you and Mayor Lunde. Once again, I want to express our appreciation for the level of professionalism, dedication and responsiveness demonstrated over the past years by the staff members of your Code Enforcement and Public Health Division. We look forward to continuing this mutually beneficial relationship for 2015 and beyond. Thank you for your city's continued support. Sincerely, �� .--_�. Patrick A. Peters, Director Community Development Department Enclosure cc: Jason Newby, Brooklyn Park Code Enforcement & Public Health Manager ' i � : ► \ _ : COUNCIL STAFF REPORT � crrt�,or , ICRYSTAL Public Hearinp: Currency Exchange License Renewal -''- (for November 18, 2014 Council Meeting) --_ ; DATE: November 13, 2014 TO: City Manager Anne Norris Mayor and Council FROM: City Clerk Chrissy Serres SUBJECT: EZ Cash Crystal, LLC currency exchange license renewal for 2015 Background Deborah Schraber, owner of EZ Cash Crystal, LLC, has filed a complete currency exchange license renewal application for the business located at 127 Willow Bend for year 2015. In order for this business to obtain approval from the Minnesota Department of Commerce, it must also obtain approval from the Crystal City Council. The Crystal Police Department reviewed the results from the background investigation conducted by the state and concur that there is nothing within it to prohibit issuance of the license. The public hearing notice was published in the Crystal/Robbinsdale Sun Post on November 6, 2014 and mailed to all property owners within a 500 foot radius. Pursuant to Minnesota Statutes 53A.04 (a), Council action regarding the license renewal must be given within 60 days of receipt of the application. Council action must be taken by or before December 2, or concurrence is presumed by the state. The following exhibits are attached: ■ Letter from the Minnesota Department of Commerce Public hearing notice A map and supplemental list identifying the properties within 500 feet of the subject property Proposed resolution Council action requested City staff recommends adoption of the resolution approving the 2015 currency exchange license renewal for the business located at 127 Willow Bend submitted by EZ Cash Crystal, LLC. L\t1DMIN\LICL:NSING\Application Forms\State Currency L^;tichange Business\2014\Memo Re EZ Cash Crystal, LLC Public Hearing_2014.doc PUBLIC HEARING #1 85 7TH PC,AC� EAST. SUIT� 500 MII�1[�iES{�TA I�?EPAI�TM�I�1T t�F 5arn��l� t�Au�_, Mc�N�:so�r,a 55tot-2T=)s . � MN.C�V/COMMFRCF 65I.539.1500 FAX:651.539.1547 �� AN ECZ,tJAL OPPORTUNITY EMPL{?YER October 1, 2014 ' � � � Ms. Chrissy Serres � �''�� C't f C sta i �� iyo ry 4141 No. Douglas Dcive Crystal, MN 55422 RE EZ Cash Crystal, L�C - License #20630865 Currency Exchange License Renewal far 2015 dear Ms. Serres: .. • .. .., .. , i The above-named currencyexchange licensee has made application to renew its currency exchange license to operate at: 127 Willow Bend Crystal, MN 55428 Pursuant to Minnesota Statutes Chapter 53A.04, we are notifying yaur office that a complete currency exchange license renewal application has been filed with the Department of Commerce. The renewal application included the names of the officers and owners of the licensee, background checks on each af the owners and ofiFicers from the Minnesota Bureau of Criminal Apprehensian, a fee schedule of all fees to be charged by the currency exchange office, a$10,000 surety bond valid through December 31, 2015, and the $550 renewai fee. Enclosed is a copy af the renewal application. Minnesata Statutes Chapter 53A.04 requires the Department of Commerce to submit any application for licensure as a currency exchange to the gaverning body of the lacal unit af government in which the currency exchange business is located. The law further requires the governing body to give published notice of its intention to cansider the issue and shall solicit testimony from interested persons, including those in the community in which the licensee is located. If the governing body has not approved or disapproved the issue within 60 days of receipt of the application, concurrence is presumed. The governing body shall have the sole responsibility for its decisian, The state shall have no responsibility for that decision, Your cooperation in forwarding this information to the proper unit within your organizatian is-appreciated, Your reply must be received within 60 days of receipt of this letter, If you have any questions; �lease contact me at the telephone number listed below. Very t ly yours, � � o � H. Brown Financial institutions Division 651-539-1721 651-539-1548 (Fax) Enc. ' i � : ► \ _ : 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov CITY OF CRYSTAL NOTICE OF PUBLIC HEARING CURRENCY EXCHANGE LICENSE RENEWAL Notice is hereby given that the Crystal City Council will hold a public hearing at 7:00 p.m. on Tuesday, November 18, 2014 in the Council Chambers located at 4141 Douglas Drive North, to consider a license renewal application for state currency exchange submitted by EZ CASH CRYSTAL, LLC located at 127 Willow Bend. Auxiliary aids are available for public meetings upon request at least 96 hours in advance. Please call the city clerk at 763-531-1145 to make arrangements. Deaf and hard of hearing callers should contact the MN Relay Service at 711 or 1-800-627-3529 V/TTY. 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CA 92018 0511821420069 GE CAPITAL SOLUTIONS P O BOX 166289 IRVING TX 75016-6289 0511821420076 WALGREEN CO #5883 ATTN TAX DEPARTMENT 300 WILMOT RD MS#3101 DEERFIELD IL 60015 0511821430004 KENTUCKY LANE LTD PTNRSHP 1000 FRANKLIN AVE W MPLS MN 55405 0511821430008 JASON A MOTYLINSKI 15680 FAIROAKS AVE HUGO MN 55038-8205 0511821430011 JENNY D& MATT E GULL 5442 LOUISIANA AVE N CRYSTAL MN 55428 0511821430014 ANNA MOREY 5424 LOUISIANA AVE N CRYSTAL MN 55428 0511821430017 A C MONTOYA & C P M BECERRA 5406 LOUISIANA AVE N CRYSTAL MN 55428 0511821430020 CHRISTOPHER & ANGELA CHAFFEE 4366 MACKEY AVE ST LOUIS PARK MN 55424 0511821420073 WILLIAM W& REBECCA L FISH 6924 BASS LAKE RD CRYSTAL MN 55428 0511821420077 BASS LK RD RETAII ASSOC LLP 2227 UNIVERSITY AVE W ST PAUL MN 55114 0511821430006 DAVID J SMITH 5524 LOUISIANA AVE N CRYSTAL MN 55428 0511821430009 BARBARA A COMMERS 5506 LOUISIANA AV N MINNEAPOLIS MN 55428 0511821430012 DUC DUY NGUYEN 5436 LOUISIANA AVE N CRYSTAL MN 55428 0511821430015 VICTORIA REEVES MORRISON 5418 LOUISIANA AVE N CRYSTAL MN 55428 0511821430018 MARK E ELMQUIST 5400 LOUISIANA AVE N CRYSTAL MN 55428 0511821430021 LARRY & KAREN DAY 5401 HAMPSHIRE AVE N CRYSTAL MN 55428 0511821420074 CO THOMSON REUTERS PTS BOX 6116 CHICAGO IL 60606 0511821430003 CRYSTAL SHOPPING CTR ASSOC 2227 UNIVERSITY AVE ST PAUL MN 55114 0511821430007 WENDY G BLONDELL 5518 LOUISIANA AV N CRYSTAL MN 55428 0511821430010 CORAZON A SORIANO 5500 LOUISIANA AVE N CRYSTAL MN 55428 0511821430013 HEIDI M BLOOM 5430 LOUISIANA AVE N CRYSTAL MN 55428 0511821430016 JAMES P STANTON 5412 LOUISIANA AVE N CRYSTAL MN 55428 0511821430019 CHONG LEE & BEE THAO 5413 HAMPSHIRE AVE N CRYSTAL MN 55428 0511821440009 TARGET CORPORATION T-0003 C/O PROPERTY TAX DEPT PO BOX #9456 MPLS MN 55440 0511821440037 0511821440038 0511821440039 TRACY R MATHEWS ORVALL H NORBY JON D HUELSKAMP 5413 GEORGIA AVE N 5407 GEORGIA AVE N 4134 BRUNSWICK AVE N CRYSTAL MN 55428 CRYSTAL MN 55428 CRYSTAL MN 55422 PUBLIC HEARING #1 0511821440040 0511821440041 0511821440042 AMY MARIE STEADY JOAQUIN & MARY MARTINEZ RENAE SUSAN FERRARIO 5400 HAMPSHIRE AVE N 5406 HAMPSHIRE AVE N 5412 HAMPSHIRE AVE N CRYSTAL MN 55428 CRYSTAL MN 55428 CRYSTAL MN 55428 0511821440046 CRYSTAL GALLERY DEVELOPERS C/O MID AMERICA REAL ESTATE 5353 WAYZATA BLVD STE 650 MPLS MN 55416 0811821110037 MARY & RICHARD KEESLING 5319 GEORGIA AVE N CRYSTAL MN 55428 0811821110045 KRIS & RENEE JENSEN 5328 HAMPSHIRE AVE N CRYSTAL MN 55428 0811821120002 JEFFREY & JULIE PELLETIER 5327 HAMPSHIRE AVE N CRYSTAL MN 55428 0811821120005 DANH VAN NGO 5307 HAMPSHIRE AVE N CRYSTAL MN 55428 0811821120010 GORDON R BERQUIST 5318 IDAHO AVE N CRYSTAL MN 55428 0811821120013 ROLF A ULLEBERG 5336 IDAHO AVE N CRYSTAL MN 55428 0811821120016 JAN KEHLENBECK 5325 IDAHO AVE N CRYSTAL MN 55428 0811821110035 DARLENE A SCHOPPER 5335 GEORGIA AVE N CRYSTAL MN 55428 0811821110043 CHRISTOPHER SCUDDER 5312 HAMPSHIRE AVE N CRYSTAL MN 55428 0811821110046 DAVID HAGEN & ANDREW SAGER 5334 HAMPSHIRE AVE N CRYSTAL MN 55428 0811821120003 BRUCE & PATRICIA STANCHFIELD 5319 HAMPSHIRE AVE N CRYSTAL MN 55428 0811821120008 RYAN M& HEATHER M GOETTEMAN 5306 IDAHO AVE N CRYSTAL MN 55428 0811821120011 D U PARSON & R L PARSON 5324 IDAHO AVE N CRYSTAL MN 55428 0811821120014 GEORGE & MARY TIMMERMAN 5337 IDAHO AVE N CRYSTAL MN 55428 0811821120017 M H NORMAN & D M NORMAN 5319 IDAHO AVE N CRYSTAL MN 55428 0811821110036 ROGER & MARY BETLACH 5325 GEORGIA AV CRYSTAL MN 55428 0811821110044 MIGUEL QUISPHE 6212 UNITY AVE N BROOKLYN CENTER MN 55429 0811821120001 SETH C MILETICH 5335 HAMPSHIRE AVE N CRYSTAL MN 55428 0811821120004 NICK WARNER & NATALIE BENSON 5313 HAMPSHIRE AVE N CRYSTAL MN 55428 0811821120009 GAYLE L FORDE 5312 IDAHO AVE N CRYSTAL MN 55428 0811821120012 LAUI K& SHAMBAI L PATEL 5330 IDAHO AVE N CRYSTAL MN 55428 0811821120015 GREGORY CHARLES BOWYER 5331 IDAHO AVE N CRYSTAL MN 55428 0811811120018 MAXINE D CURTIS 5313 IDAHO AVE N CRYSTAL MN 55428 0811821120019 0811821120022 0811821120023 LIZ HANRATTY TRUSTEE A M PESEK THUY DUC HOANG 5609 RIVERVIEW CIRCLE 624 74TH AVE N 5312 JERSEY AV N CHAMPLIN MN 55316 BROOKLYN PARK MN 55444 CRYSTAL MN 55428 PUBLIC HEARING #1 0811821120024 0811821120025 0811821120026 MARY ANN WILLIAMS ANDREW B PATRIAS PHYLLIS J OLSON 5318 JERSEY AVE N 12010 GLENDALE LA 5330 JERSEY AVE N CRYSTAL MN 55428 MINNETONKA MN 55305 CRYSTAL MN 55428 0811821120027 STEVEN & LINDA MICHAELSON 5336 JERSEY AVE N CRYSTAL MN 55428 0811821120030 CHERYL KAY WALGRAVE 53251ERSEY AVE NO CRYSTAL MN 55428 0811821120033 LAWRENCE GEORGE KITT 5307 JERSEY AV N CRYSTAL MN 55428 0811821120038 RAYMOND B MARTIN 5318 KENTUCKY AVE NO CRYSTAL MN 55428 0811821120041 DELORES E BUETOW 5336 KENTUCKY AVE NO CRYSTAL MN 55428 0811821120044 KEN & DIANE STRAUB 5325 KENTUCKY AVE N CRYSTAL MN 55428 0811821120137 STEVE MADORE 3144 GIRARD AVE S MINNEAPOLIS MN 55408 0811821120140 MELISSA A KING 5324 LOUISIANA AVE N CRYSTAL MN 55428 0811821120028 BEATRICE Z SOLUM 5337 JERSEY AVE NO CRYSTAL MN 55428 0811821120031 VENILA J SEVERSON 5319 JERSEY AVE N CRYSTAL MN 55428 0811821120036 LINDA PELCL 5306 KENTUCKY AVE NO CRYSTAL MN 55428 0811821120039 ADRIENNE & KEVIN MCMAHON 5324 KENTUCKY AVE N CRYSTAL MN 55428 0811821120042 TAN V V PHAM & KIM H T PHUNG 5337 KENTUCKY AVE N CRYSTAL MN 55428 0811821120045 DAVID D/KATHRYN A KINNIBURGH 5319 KENTUCKY AVE N CRYSTAL MN 55428 0811821120138 KEVIN P& PATRICIA K LONG 5336 LOUISIANA AVE N CRYSTAL MN 55428 0811811120029 ROBERT T MAHER 1833 PICADILLY CIRCLE CAPE CORAL FL 33991 0811811120032 SANDRA JEAN FYLE 5313 JERSEY AVE N CRYSTAL MN 55428 0811821120037 KATHY & NICK WIRTH 5312 KENTUCKY AVE N CRYSTAL MN 55428 0811821120040 MARY T PROPERTIES LLC 1555 118TH LA N W COON RAPIDS MN 55448 0811821120043 BARBARA OLSON 5331 KENTUCKY AVE N CRYSTAL MN 55428 0811821120046 WINSTON PETERSON 2420 CAVELL AVE N GOLDEN VALLEY MN 55427 0811821120139 ESTHER O BRAGET 5330 LOUISIANA AVE N CRYSTAL MN 55428 ' i � : ► \ _ : RESOLUTION NO. 2014- RESOLUTION RELATING TO APPLICATION FOR A CURRENCY EXCHANGE LICENSE AT 127 WILLOW BEND BE IT RESOLVED by the City Council of the City of Crystal, Minnesota (City) as follows: 1. The City has this day pursuant to the requirements of Minnesota Statutes, Section 53A.04 conducted a public hearing, after published notice, on the question of the approval of a currency exchange license for EZ Cash Crystal, LLC located at 127 Willow Bend in the City of Crystal. 2. Nothing has come to the attention of the City that would prevent the state from approving the license applied for. 3. The City Council assumes that the State Commissioner of Commerce (Commissioner) has conducted the investigations and review of the applicant required by Minnesota Statutes, Section 53A.03, has found no reason to deny the application, and that the Commissioner is prepared to approve the license. 4. Based upon the Commissioner's investigation of the applicant, and in reliance on the Commissioner's judgment that the application should be approved, the City concurs with the Commissioner's decision to approve the license. 5. The City assumes no responsibility for the decision of the Commissioner to approve the license. 6. The City Council respectfully informs the Commissioner that the City has performed its statutory duties with regard to this matter without compensation from the state for the cost of publication of the notice of public hearing, routine investigation by the police department and staff administrative time and expense. Adopted by the Crystal City Council this 18t" day of November, 2014. Jim Adams, Mayor ATTEST: Chrissy Serres, City Clerk RE(iULAR A(iE�DA ...CITY:of�:' CRYSTAL � 1 � 1 1 . .\... ....! \ .•.. _ . .!. ■ ..... COUNCIL STAFF REPORT 5249 Douglas Dr Custom Manufacturing (Borja Dental) FROM: John Sutter, City Planner/Assistant Community Development Director � DEPARTMENT HEAD REVIEW: Patrick Peters, Community Development Director DATE: TO: November 13, 2014 Anne Norris, City Manager (for November 18 meeting) SUBJECT: Consider a conditional use permit for custom manufacturing at 5249 Douglas Drive North (Borja Dental) A. Q BACKGROUND The subject property contains 7,407 sq. ft. with a 775 sq. ft. commercial building previously used as a barber shop and real estate office. It is zoned C-2 General Commercial and adjacent properties are zoned C-2 or R-1 Low Density Residential. Edgar Borja d/b/a Borja Dental (contract for deed purchaser) and Crystal Barbers (seller) have applied for a conditional use permit ("CUP") for custom manufacturing of dental prostheses, crowns, bridges and so forth. Notice of the Planning Commission's November 10 public hearing was mailed to property owners within 350 feet and published in the Sun Post on October 30. No comments have been received and no one testified at the hearing. On November 10 the Planning Commission voted 7-0 to recommend approval of the Conditional Use Permit. The following Exhibits are attached: A. 2012 aerial photo B. Applicant's narrative STAFF COMMENTS The conditional use permit requirements for custom manufacturing in the C-2 district and recommended findings are itemized below: 1) Such use does not exceed 2,500 sq. ft. of gross floor area and is not open before 6:00 a.m. or after 9:00 p.m. PAGE 1 OF 3 � 1 � 1 1 . .\... ....! \ .•.. _ . .!. ■ ..... Findings: The building has only 775 sq. ft. and the business would operate from 7:00 a.m. to 5:00 p.m. 2) Such use shall be considered an office use for the purpose of calculating parking requirements under this code. Findings: The minimum off-street parking requirement is 7 spaces and the property has 12 spaces. 3) Such use will not generate commercial vehicle traffic including tractor- trailers or other heavy vehicles in excess of what is typical for a retail use of comparable size in a comparable location. Findings: The applicant has stated that the largest vehicles making deliveries to and from the property would be USPS, UPS, FedEx or other similar local delivery trucks, not tractor-trailers. Condition: All delivery activity must occur on the subject property, not in the Douglas Drive right-of-way, other public street right-of- way, or on others' private property without their permission. 4) The city council finds that such use will not conflict with the character of development intended for this zoning district. Findings: The use will occur within an existing commercial building so no impact on the character of the area is anticipated. 5) The city council determines that all applicable requirements of subsection 515.05, subdivision 3 a) and section 520 are considered and satisfactorily met. 515.05 Subd. 3 a): In addition to specific standards or criteria included in the applicable district regulations, the following criteria shall be applied in determining whether to approve a conditional use permit request: ■ The consistency of the proposed use with the comprehensive plan. ■ The characteristics of the subject property as they relate to the proposed use. ■ The impact of the proposed use on the surrounding area. Findings: The proposed use is consistent with the Community Commercial guidance in the Comprehensive Plan, complimentary to adjacent commercial uses, and without negative impacts on the surrounding area. Section 520 (Site Plan Review) Findings: Site improvements are in place and no changes are proposed. PAGE20F3 � 1 � 1 1 . .\... ....! \ .•.. _ . .!. ■ ..... C. PLANNING COMMISSION RECOMMENDATION At its November 10 meeting the Planning Commission voted 7-0 to recommend that the Council approve the conditional use permit for custom manufacturing at 5249 Douglas Drive North (Borja Dental) subject to the findings and conditions in the staff report. Council action is requested. The motion should reference the findings and conditions in the staff report or include other findings and conditions specifically stated by the Council. PAGE30F3 REGULAR AGENDA #1 ' � . � ... �"" � �.,. � � � ,2 � , .„. r � ;.� ��,, ��' �.� � � � � � , � .� ,. �n �� , � ,.; � �� _ ,. �, �� ,„� , � � � ; , � � "^. � _ � �r u r F�, �� ',' ,� , � �* � ��..�„+ �}� fi � R � � � ": �� „ a�,� �.,yo z ,t , �`� � � ,,y� ��, �t r � 7�' . ?„�'�y�� t h'� i"� g i��,�i '�f� y� '1 � [ q� d � �'I �. a d � :v � lo. �1... �'��4�: ��, . .2.'<,r, . ,.... ,.x � ; n; �'pw� '� � )� c.a�i � �5 ��e,.. �� , R;�,. k µ� ' �' a � � �.� � ,� #T � A" �` i � �,... 8 �w � � � � m ° ,� '� �" ' E � � �. �am s a �fx�y � �s�;t �� „�� r:.r* stlh :gy�.,� �'T� 4 � �: i 14's 'qy � �` � �� , ; , ' o,; t �� b�� .� ks�, � � � �, '' � t � ��',� + � ��` �� , '� °� �� a �� `"� ,� ""�''� �' � � �.+ �b'�y � � �� R � , ryr: - E � � Y}. „^�. ; s+ a { d y f , � ��" � y � }��G � _,� �� , �� . Type of use Operating Hours BORJA DENTAL STUDIO � Dental Laboratory. ....Monday - Friday from 7am -5pm Project Description... � 1 � 1 1 . .\... ....! \ .•.. _ . .!. ■ ..... 1.-Constructs prostheses ,crowns and bridge wich are caps for teeth that are designed to restore their originals size and shape by following the Dentis prescription making models of the mouth and teet from impression ( molds ) of the patients mouth taken by the Dentis . 2-.Venners that enhance the esthetics and function of a patient.using CAD/CAM , CITY jof �� CRYSTAL COUNCIL STAFF REPORT 6602 59tn Garage Height Variance � 1 � 1 1 . .\... ....! \ .•.. _ . .!. ■ ..... FROM: John Sutter, City Planner/Assistant Community Development Director �� DEPARTMENT HEAD REVIEW: Patrick Peters, Community Development Director �7_� � �1 TO: November 13, 2014 Anne Norris, City Manager (for November 18 meeting) SUBJECT: Consider a roof height variance to allow expansion of a nonconforming garage at 6602 59th Avenue North A. BACKGROUND The subject property contains 8,770 sq. ft. with a house built in 1954 and a 19 foot high detached garage built in 1997. The property and adjacent properties are zoned R-1 Low Density Residential. When built, the garage complied with the maximum 15 foot height for accessory structures because building height was calculated as the average between the eave and the peak of the roof. In 2004 the code changed so that height was measured at the peak of the roof. At that point the garage became lawfully nonconforming which means that it cannot be expanded without a variance. Teruko Larson (applicant and owner) seeks a variance to build an addition onto the back of the garage with the same roof height and design as the existing garage. Notice of the Planning Commission's November 10 public hearing was mailed to property owners within 350 feet and published in the Sun Post on October 30. No comments have been received and no one testified at the hearing. On November 10 the Planning Commission voted 7-0 to recommend approval of the Variance. The following Exhibits are attached: A. 2012 aerial photo B. Site sketch and garage plans C. Applicant's narrative PAGE 1 OF 2 � 1 � 1 1 . .\... ....! \ .•.. _ . .!. ■ ..... 8. STAFF COMMENTS State statute* requires variances to meet all three of the following criteria: • The property owner proposes to use the property in a reasonable manner not permitted by an official control; and • the plight of the landowner is due to circumstances unique to the property not created by the landowner; and � the variance, if granted, will not alter the essential character of the locality. *In 2011 state law was changed to replace the `undue hardship' criteria for variances with much easier-to-meet `practical difficulty' criteria. The requested variance meets all three criteria in the statute: Construction of an addition in the same form and manner as the existing lawfully nonconforming garage is a reasonable use of the property, provided that the upper level of the garage continues to be used only for storage. 2. The property has unique circumstances due to the construction of the existing garage in compliance with code followed by a change in code which made the garage lawfully nonconforming. 3. The proposed use would not alter the essential character of the locality because it is an addition to an existing, lawfully nonconforming building. Approval is recommended based on these findings of fact and subject to the following condition of approval: • The upper level of the garage shall continue to be used only for storage. C. PLANNING COMMISSION RECOMMENDATION At its November 10 meeting the Planning Commission voted 7-0 to recommend that the Council ap�rove the requested variance to allow a 19 foot high detached garage at 6602 59t Avenue North subject to the findings and conditions in the staff report. Council action is requested. The motion should reference the findings and conditions in the staff report or include other findings and conditions specifically stated by the Council. PAGE 2 0F 2 REGULAR AGENDA #2 > � �� f � �, �� n � � r.a, , �� .�i"...� �� . .�,�'�s.' _. .. ... .. . � ��a,�., . „.Y �d��y�'�'ha�«.�R.,��"��' �d�n.�i�,�i`�'r ��. ,. �gi � ;td'Li'J � �"^�'"- � � r;f"e ta t'� sr � '� �f` 4 � v4 � � ''��.�'� g �d� � �� ''�Yg` � s 4 w"¢ ��fy � h y t�, a �#� ,�v�., ,�� ..� �. � � y� {,� .t � �� ; � t. ,� >' �� s �`� ' �� ,a•. � ' :'� � � � ,,, � � .�S � ,� 613A S'� �,,G"'m�� J�� v' � '�� "'r*,;�" ex';.�¢ � '� i,fj `��4.. g i.�RCS`': � � V °k �;x.�;f" „'y it� w%.r�` f� � .. # � �' `�' � ."'�'�� ,{��F�i., 9. =r t `�'"�, '�. �*x '; � ✓' � � �€��. � �;' `, prr,. �,'i ��. ��t��,r n s' }xs'u',� . . y d� ,�{Sk ��. 2'" ; "°M" �,,�� R #' ,'�i , � t � �id �' y1 ,p �`j.' :�,y t `a� �,.�' �� i � �.+r#S�¢�� J � � ��tw �: Y #t��"` a' Ct � �'y' a ; ' � u� � �`� � ^"`" k� � � '�t` . ��.J �P �i F 'y� 4 � J ��1�,� �"y^,� � �"�a�'£ ? �,� t�7 `y � ��4,;tm,�� s v � � J �^+�., �: , '�u� ` h '�; � ,� + �a ��` � 1��'� .;s�i°i, � ��' �'. �,. �� . ' ��` �, �� , y��` �� < < � � r� �> � � �� ";��s �„ � � �� . + '� �T,� P y. ��* . d �F „�, � . a s ; k b `k�' 6 �;'�� , ,!;�a ,, '`� r k�;^,.,�s� �ar+ t� �` '��'�, � .. �'�'� t ' r ,,. �,,, , �. � - �� t� �� a � � � ��; 3�f : � �'� "�� ?E �. a4'°.� � . t�"'�5' �z'� �:i " � :�. � '�^�.. � � �`,� ,,a IJ✓ � P. '�«� ,� � „ ^ <F � , � � � � -� �, �,",,�. ."'r�" ,m •C�' ' �— �, /�/ ♦ f4'�` � � � I � W T : � CS � o_ z r=�i Pn��' �--► � 1 � 1 1 . .\... ....! \ .•.. _ . .!. ■ ..... (,�tOT TO 5c�� b6a2 59th Ave. N REGUL�,��111DA #2 ir�j��r�� NORTH _ ......... ...............+ � 24' 7'6" � 1 � 1 1 . .\... ....! \ .•.. _ . .!. ■ ..... 6CQ2 59th Ave. N. -10/12Trusses - Banus Room 24 OC - 3i4" Plywood - R19 Insulation - 30yr Architectural Shingle - 2 Rows IceMlaterTar Paper -112" Plywood for Raof -12" Aluminum Sofit -4"DoubleVinyl Siding - House Wrap -1 /2" Plywood - 2x4 Walls 16"OC - Green Plate 5ill 5eaf - 4x8 Cancrete Block - 5"Concrefie Slab - Rebar 24" OC Grid Pattern - Anchor Bolts every 6' � 1 � 1 1 . .\... ....! \ .•.. _ . .!. ■ ..... To whom it may concern, I have been asked to write to you explaining the need to extend the already existing 2-story garage and keeping it the 18�feet throughout. The purpose of building it to exact dimensions is as follows: • An abundance of gardening equipment — both large and small, light weight and heavy. • Space is needed to house this equipment and, because some of it is sensitive to temperature, heat is being added to the bottom floor and storage on top will be designated to the non- sensitive equipment. • An additional car (17.23 ft. in length) will be stored in the new addition and an 8 ft door is being added to: o Keep the heat in the new addition only o Match the existing door in order to allow for taller ve�iicles to enter. � Same height needed in order to have one continuous walking path from one side of the 2"d floor to the other. Without it, both sides will need stairs to get up to the top floor taking up space and not allowing parking of 4 vehicles (future usej. • Aesthetics are important for continuity (and not looking like an afterthought). Thank you for your time and understanding, ��;, _ • . , _.._ ._�� i - Teruko S. Larson 6602 59`h Avenue North Crystal, MN 55428 763-438-2323 � 1 � 1 1 . .�... ....! ,. f.. _ . f.. ■ .. , e Orandu �� oe CRYSTAL DATE: November 10, 2014 T0: Niayor and City Council ,.'� FROM: Anne Narris, City Manag�r SUBJECT: City Attorney Services Agreement = 2015 and 2016 BACKGROUNC� The City's current cantract with Kennedy & Graven for city attorney services expires December 31, 2014. Current hourly rates are $150 —$160, depending on the attorney invalved and type of legal services provided. We also pay a monthly retainer of $3,750 which cavers much of the rautine legal services and inquiries. The hourly rates are the same in 2015 as they are in 2014 and the retainer in 2015 is a 2°lo increase over the current amount. A propased two year contract with Kenn�dy & Graven for 2015 - 2016 is attached. The proposed hourly rates and the retainer in the contract are as follows: 20�5 °fo incr��s� 201 °lo incr�a�� Haurly rates �150 - $160 0%0 $155 - $165 3%0 Retainer $3,833 2°l0 $3,917 2% The prop�sed 2015 rates are reflected in the 2015 budget: At its Navember 6 meeting, the City Council continued con�ideration of the agreemer�t pending disc�ssion at the November 18 wark session before the meeting. ECOMM N�ATION Recommend approval of a two year contract for city attorney services with Kennedy & Graven fnr 2015-2016 as t�utlined the propo�ed contract and authorize the May�r and City Manager fo sign the contract. Attach: � 1 � 1 1 . .\... ....! \ .•.. _ . .!. ■ .. AGREEMENT FOR LEGAL SERVIC�S This Agreement, entered into between the CITY OF CRYSTAL, a Minnesota municipal corporation (City) and the law firm of KENNEDY & GRAVEN, CHARTERED (City Attorney) effective as of this 1 st day of January, 2013, provides as follows: Section 1. Back�round: Findin�s. 1.01. Pursuant to Section 6.02 of the City Charter the appointment and removal of the City Attorney are made by the City Council. 1.02. At a duly called regular meeting of the City Council held on , 2014, the City Council determined that the firm of Kennedy & Graven, Chartered be engaged as City Attorney, with Michael T. Norton of that firm serving as primary legal counsel for the City, and instructed the City Manager to prepare an agreement between the firm and the City setting forth the terms and conditions of the engagement. Section 2. Terms and Conditions. 2.01. In consideration of the mutual promises and conditions contained in this Agreement the City and the City Attorney agree to the terms and conditions set forth in this section. 2.02. a) The City appoints the firm of Kennedy & Graven, Chartered as City Attorney, with Michael T. Norton acting as primary legal counsel for the City; Troy J. Gilchrist serving as Assistant City Attorney; and Martha N. Ingram serving as EDA Counsel. b) The City Attorney agrees to perform all usual and customary legal services for the City in accordance with the terms of this Agreement. c) The City agrees to compensate the City Attorney for services as follows: An annual retainer fee as follows: $46,000 payable in monthly installments of $3,833 commencing as of January l, 2015 and continuing through December 31, 2015; $47,000 payable in monthly installments of $3,917 commencing as of January 1, 2016 and continuing through December 31, 2016. Services to be covered by the retainer fee are as follows: 1) Attendance at all Council meetings, regular and special; 2) Meetings with staff and public groups as requested by the Council or the City Manager and public hearings before the Council; 446639v1 MTN CR205-30 � 1 � 1 1 . .\... ....! \ .•.. _ . .!. ■ .. 3) Review and preparation of contracts, performance bonds, insurance and other routine legal documents; 4) Routine ordinance code amendments and preparation of resolutions; 5) Formal and informal legal advice to Council and staff, commissions and committees; 6) Inquiries from the public on non-police matters, i.e., matters not directly related to criminal prosecution activities; and 7) All other legal services except litigation, eminent domain, local, state and federal administrative proceedings, labor matters, code enforcement matters, services to the Economic Development Authority and services to the Crystal Charter Commission. 2.03. As an aid to the interpretation and administration of Sections 2.02 and 2.04 of this Agreement, the following definition of terms is agreed upon: "Routine" means matters that regularly reoccur and are customarily undertaken by a City Attorney in the discharge of the office. A matter that does not occur regularly is not routine. Review of a typical public works contract, and preparation or review of a usual and customary ordinance, are examples of a routine matter. Preparation or review of a significant contract related to a unique project, and preparation and research related to a unique ordinance, are examples of a non-routine matter. "Litigation" means services performed by the City Attorney a) in response to an action commenced against the City or its officers by the service of legal process, and b) services performed by the City Attorney in matters where litigation, in the judgment of the City Manager, is certain to be commenced. "Eminent domain" means services performed directly related and preparatory to the commencement of an action of eminent domain by the City. "Administrative proceedings" means services directly related and preparatory to representing the City before a federal, state or regional administrative agency or an administrative agency of the City or another political subdivision of the state. "Labor Matters" means advice or other services related to a specific employee or labor union. General advice regarding labor or employment law, not related to a speciiic employee or union, is not considered a"labor matter" for the purposes of this Agreement. "Code Enforcement" means any services related to civil enforcement of ordinances, including without limitation research and advice regarding the prospects for success. "Development" and "redevelopment" mean, with reference to the EDA, the negotiating and drafting of development contracts, tax increment financing plans, development and 446639v1 MTN CR205-30 2 � 1 � 1 1 . .\... ....! \ .•.. _ . .!. ■ .. redevelopment plans and related technical services other than routine services to the EDA, typically paid by the developer of the project as a pass through cost. The City Manager and the City Attorney are authorized and directed to consult on the application of these defined terms to any particular matter, but the final determination of their application is to be made by the City Manager. 2.04. For legal services, except as provided in Section 2.09, the City agrees to compensate the City Attorney at the following hourly rates for services indicated in the year and at the hourly rates indicated below: General civil matters directors associate attorneys clerks and paralegals Charter Commission directors associate attorneys clerks and paralegals Economic Development Authority, General EDA advice directors associate attorneys clerks and paralegals Liti�ation, eminent domain and administrative proceedin�s directors associate attorneys clerks and paralegals Economic Development Authority - development and redevelopment projects-fees paid bv the developer directors associate attorneys clerks and paralegals 2015 $150 147 107 $150 145 107 $150 145 107 $160 150 107 $225 195 115 2016 $155 150 110 155 150 110 155 150 110 165 155 110 230 200 120 2.05. The City Attorney will record all time spent on general matters covered by the retainer fee described in Section 2.02 at the rates specified above for "General Civil Matters." 2.06. The City will compensate the City Attorney for the following actual and necessary expenses incurred by the City Attorney on behalf of the City: a) Mileage at the City rate to and fi•om locations where services on behalf of the City are performed, including parking fees. 446639v 1 MTN CR205-30 3 � 1 � 1 1 . .\... ....! \ .•.. _ . .!. ■ .. b) Meals purchased by the City Attorney when it is not reasonable, because of City business, for the City Attorney to dine at home. c) Printing, photocopying and telephone charges at the actual cost thereof. d) An annual subscription to the official City newspaper. These expenses will be billed monthly and accompany monthly billing statements. 2.07. Billings by the City Attorney to the City for services will be on a monthly basis, except as may otherwise be agreed upon by the parties as to the retainer fee as set forth in Section 2.02. 2.08. The retainer fee and hourly rates speciiied in this Agreement will remain in effect until December 31, 2016. 2.09. The City Attorney will act as approving bond counsel for the City if so requested by the City. These services are not part of this Agreement, but may be made such by mutual agreement of the parties. In the event such services are desired by the City, fees for these services will be those usual and customarily charged by the firm of Kennedy & Graven, Chartered. 2.10. It is the intention of the parties and it is hereby agreed by the City Attorney, that the term "primary legal counsel" as used herein means and refers to Michael T. Norton who will, except in the case of extraordinary circumstances involving disability, unavoidable conflict or other good and substantial reasons, perform, supervise and be responsible to the City for the legal services to be provided, with Troy J. Gilchrist as Assistant City Attorney. 2.11. This Agreement may be amended by the parties at any time by mutual consent. 2.12. This Agreement may be terminated by the City or by the City Attorney upon 60 days written notice by either party. In the event of termination, the City may request the City Attorney to assist with designated "transition" services subsequent to the effective date of termination, which shall be billed at the then applicable rate as described in Section 2.04 above. 446639v 1 MTN CR205-30 4 � 1 � 1 1 . .\... ....! \ .•.. _ . .!. ■ .. IN WITNESS WHEREOF, the parties have caused this agreement to be duly executed by their proper ofiicers and representatives as of the day and year first above written. CITY OF CRYSTAL, MINNESOTA By Jim Adams Its Mayor By Anne Norris Its City Manager KENNEDY & GRAVEN, CHARTERED By Michael T. Norton City Attorney 446639v1 MTN CR205-30 � 1 � 1 1 . I .1.. ....! \. f.. _ � . f.. ■ ... G� oE � Or�nc�u CIiYSTAL DATE: November 10, 2014 TO: Mayor and City Cauncil � FR4M: Anne Norris, City Manager ��: `��°~` SUBJECT: Praseeuting Attorney Services Agreement BACKGRC?UND The City's current contract with MacMillan; Wallace & Athanases, P.A. for prasecuting attarney services expires December 31, 2014. Current hourly rates are $140, with an annual cap of $115,000, Attached is a proposed three year contract with the follawing rates: 2015 2016 2017 Haurly rate $140 $145 $150 Annual cap $�30,000 $135,000 $140,000 The annual cap increase is fargely du� to changes in how the courts schedule cases that require attorneys to be at the court for longer periods af time, rather than only far the time for specific cases. At its November 6 meeting, the �ouncil continued car�sideratior� �f �hi� �greerner�t pending discu��ian at the November 18 work session before the regular meeting. � ��MMEN�ATI�N Police department staff is very satisfied with the prosecuting services provided by Peter MacMillan and other staff at N(acMillan, Wallace & Athanases, P.A.. I recammend approval of a three year contract for prasecuting attorney services with MacMillan, Wallace & Anathases, P.A. for 2015-17. Attach: � 1 � 1 1 . I .1.. ....! \ f.. _ � . f.. ■ ... L,��AZ1 ��12VI�� r�� E��1�'�' TIIIS AGREEMENT, made ancl entered into this day of , 2014, by and betweel� the City of Ciystal, a Minnesata municipal corparatian, hereinafter referred to as "Crystal"' arld MacMillall, Wallace & Athanases, P.A,:, a Minnesata prafessional corpar�tian l�ereinafter referred to as ,�Attorney�� or "law iirm". WHEREAS, the parties hereto desire ta enter into an agi•eement regalding prosecutian se��vices; NOW, THEREFORE, in consideration of the mutilal pralnises of the parties, Crystal and Attorney hereby �gree: l. Ciystal hereby retains said 1aw firfn to perform all of the municipal criminal pl�osecution wo1•k for Ctystal for the three year period commencing Januaiy 1, 2Q 15, and said law iirm agrees to da so. 2. For said services, Crystal agrees to pay Attorney at the rate of 4ne Hundred Forty Dollars ($140.00) per I1our during the year 2015, One Hundred Farty-five Dollars {$ 2 45.40} per l�our during the year 2016 and One Hundred Fif�y Dallazs ($150;00) per hour for the balance of t11e term of t11e contract, plus costs, such paymerlt to be on a lnanthly basis as billed. 3: The attoi•11ey fees will nat exceecl � I30,OOO.OQ in 2015, $135,400:00 in 2016 ar $14Q,000.00 per calendar year for the balance oFthe terin af the contzact. It is �lnclez•staod ai�d agreed that the pal�ties wzll ir1 good faith adjust said cap i�� the event of unforeseen changes in attarz�ey time req�rirements, 4, The pal�ties inay by rzlutual consent amend this agreement at any tii�e. TN WITN�SS WHE?�EOF, the parties have, on t17e date first �bove written, executed tl�is Agreement in duplicate, each of which sllall be considered an ariginal. TI�E CITY �F �I�Y�TAL MacMILLAN, WALLAC T�IANASES, P,A. � �.µ_. �__------ By` g�,; Jim Adams Peter Aa �vlacMiilan Its Mayor Secretai�ylTreasiirer By: Anne Narris Its City Manager 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: ('763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov CRYSTA� CITY COUNCI� SECOND WORK SESSION AGENDA Posted: November 14, 2014 Tuesday, November 18, 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 second work session of the Crystal City Council was held at p.m. on Tuesday, November 18, 2014 in Conference Room A located at 4141 Douglas Drive, Crystal, Minnesota. I. Attendance Council members Staff Budziszewski Norris Deshler Therres Hoffmann Mathisen �ibby Peak Selton Adams Revering Serres I1. Aqenda The purpose of the work session is to discuss the following agenda items: • Review changes to Crystal State Aid Street Network for Phase 14 and Phase 16 Street Reconstruction projects • JWC Pipeline Failure Review and Update • 2015 Budget Questions • Commission liaisons reports/updates* I11. Adiournment The work session adjourned at p.m. Auxiliary aids are available upon request to individuals with disabilities by calling the City Clerk at (763) 531-1145 at /east 96 hours in advance. TTY users may ca!! Minnesota Relay at 711 or 1-800-627-3529. COUNCIL STAFF REPORT �CITY-�_of State Aid Route Chanqes - Phase 14 North Lions CftYSTAL FROM: Tom Mathisen, Public Works Director & City Engineer TO: Anne Norris, City Manager (for November 18 Council Work Session) DATE: November 13, 2014 RE: State Aid Streets Revocation, Designation, and No Parking As part of the remaining Phases 14 — 16 Street Reconstruction Projects it is necessary to relocate some of the City's State Aid Street routes from south Crystal to the areas yet to be reconstructed in the coming years. The most immediate change is to designate 58th Avenue from West Broadway to Elmhurst Avenue in next year's Phase 14 North Lions Park project area. The other new designation is the Regent Avenue — 58tn Avenue route in Phase 16 Skyway Park neighborhood. Cities of 5,000 population and greater can designate up to 20% of their local streets as State Aid. When these streets are subsequently reconstructed to State Aid standards, the City qualifies for reimbursement for those costs from State gas tax funds. This Municipal State Aid Street (MSA) program has been one of the backbones of the City's reconstruction program since 1995. A rules change that became effective January 1, 2014, makes it easier to relocate previously designated routes that have been rebuilt to the State Aid standards to new routes that are yet to be rebuilt. Attached are several maps and a table showing the routes to be de-designated and the new routes to be designated. A brief presentation on this topic will be given at the November 18 work session. In order to keep the Phase 14 project on schedule, it would be necessary for the Council to take action on these changes at the December 2 council meeting. The State Aid standard requires that for parking to be allowed on one side only, the street must be 32 feet wide. The City standard for a local street is 30 feet wide. Respectfull ub 'tt , � _.� � � Thoma A. Mathisen City Engineer i:/pubworks/projects/phase 14/stateaid/worksessmem 1 CRYSTAL PHASE 14 STATE AID ROAD CHANGES 11-17-14 Current Jan 2014 un-designated mileage 0.38 mi. 2,006 feet Footage being revoked 1.02 mi. 5,386 feet Total available to desi ig late December 2014 Revoked Existin� State Aid Streets 1.40 mi. 7,392 feet Brunswick Ave Md Lk Rd to 1,750'S of 32nd Av 0.16 mi. S.A. 116-330-010 Brunswick Ave 1,750'S. of 32°d Av to 32°d Av 0.33 mi. S.A. 116-330-020 Medicine Lk. Rd. Douglas Drive to .06 mi. east 0.06 mi. S.A. 116-334-010 Medicine Lk Rd 0.06 mi east of Douglas to Zane Av 0.20 mi. S.A. 116-334-020 Medicine Lk Rd Zane Av to 100 frontage 0.27 mi. S.A. 116-334-030 Total revoked December 2014 Desi�nated New State Aid Streets 5 8th Ave 58th Ave Regent Ave 845 feet 1,742 feet 317 feet 1,056 feet 1,426 feet 1.02 mi. 5,386 feet W.Broadway Av to Elmhurst 0.32 mi. S.A. 116-338-040 Regent Av to Orchard Ave 0.20 mi. S.A. 116-338-050 56th Av to 58th Av 0.29 mi. S.A. 116-326-040 Total new desi na�tions New proposed un-designated footage balance I:pubworks/projects/phasel4/State Aid/Designations De-designations 0.81 mi 0.59 mi. 1,690 feet 1,056 feet 1,531 feet 4,277 feet 3,115 feet L ��l�� ,� �.�� G � `°��N ° � � � � � �� v � � � � � � � F � �� T � �� L � . �: . _:; � . % � 4l,1 - '� , 1:� ; �. 2g`CH �� N � .��....�.,.. ��. � �� «. 5 � � � , �.,, '� � >�� 4 ; 3 i� � ��, : � .• � 4 # �� i ,\'�! � �, �. `t�`� �� t�� i � f� ,_ °� ��" ,.... �� : � �-� �% 1 04 I I I I� f ! � I i 1 � .. . *� � G � � A � �.a. �,x« ,�. ,, , , �� a. , � M � ` .�__ ��.� � � � • .. �� .� — � ; " � � i�r ...■rr � , ��..�� : � � �, � t � � �, a�� r� ,� .°m �:�.,.� t � � b�. 4„ 9 ,�` • .. ; ;�, k r �u� •. .,. ... .._ � ....... z � � � �� i -�- .�- -� -�.- .�--- -�- � TI19N /,� R 2 1 W �� 33 34 Cry�tal � — — 4 3 z Ti 1:8N R2IW - , � Airport � 60th � �� AVE. 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Na z z Z � W•t� I � � ;�LAKE SIDE AVo s � q8th AV Ep No o I � `r �2 � �.: � `;� q8tn AVE aN. � � �'� � r � o v Q �� 4`�4 `� BYRON �� w��a I � � A V E> 3/ 2: N� .� � A V Ee � a- � �l I�l { rnl�(-1 �pl �--1(—�l:l—� �� 3i2� 47 th AV Ee ; �, 10 SHERBURNE A1 2a ANGEL-INE A' 3> UNITY CTe �a .ANGELINE C � ' cerr'ue CRYSTAL COUNCIL STAFF REPORT Update on JWC Pipeline Rupture & Condition FROM: Tom Mathisen, Public Works Director 8� City Engineer TO: DATE: RE: Anne Norris, City Manager (for November 18 Work.Session) November 12, 2014 Short term operation and long term solutions Project #2014-32 On Friday October 17, the Joint Water Commission (JWC) received the results from the recent pipeline inspection conducted by Pure Technologies. Pure Tech inspectors entered the pipeline at the location of the September failure on 42nd Avenue in Robbinsdale. This is located just west of Station 70+90 on the asbuilt drawings which is just west of the BN tracks, about two blocks west of West Broadway and three blocks east of Hwy 100. Pure Tech had a six person team. One person remained at the access point in the excavation, three people did the visual inspection, and two pushed the electro-magnetic (EM) equipment cart. In the east direction they were able to get to Lake Road, which is east of Co Rd 81. In the west direction they were able to get all to the Hwy 90Q crossing. Results from the electro-magnetic inspection/analysis show 19 locations with anomalies of which 3 were determined to be not related to good or bad pipe condition. The analysis of the other 16 locations is summarized as follows: Pipes #85 and #131 are in an imminent failure condition showing many broken pre-tension wires and steel liner corrosion. Pipes #62, 113, 118, and 155 have enough broken wires that they have exceeded their yield limit (based on 80psi operating pressure plus 40 psi surge pressure = 120 psi to failure). The remaining 9 pipes have broken wires just inside the spigot or bell ends, indicating the early stages of the condition at the two failure locations. The other 91% of the pipelin� is in good condition. It is very fortunate it was possible to conduct this type of inspection prior to putting the pipeline back in service. Had the JWC (Crystal in this case) done so, most likely there would have been yet another pipeline failure in the near future. While there are multiple safeguards in place to automatically shut down the pipeline in the event of another failure, greatly reducing the overall damage, they would not prevent damage to the road and in the immediate vicinity. Based on the condition of this section of pipe that was inspected, the JWC cannot put the pipeline back in service at full operating pressure. In the short term, an operating procedure has been implemented that has the pipeline in service at approximately 30 psi, which is less than half its normal operating pressure. This is accomplished by throttling the flow at the valve near the Minneapolis connection and opening the valve at the Crystal reservoir to prevent the pipeline from reaching full pressure. The Minneapolis Water Utility is allowing the JWC to take water 24 hours/day at a rate of 1,750 gallons per minute (gpm). This will provide the same amount of water normally take at night during winter consumption conditions. The normal flowrate at full pressure is 13,000 gpm. This is the rate necessary in the summer to meet the peak daily consumption requirement, but must be taken from Mpls between 11 p.m. and 6 a.m. The Pure Tech inspection covered approximately 2,330 feet of the approximately 10,500 foot pipeline. To date, 2,560 feet was replaced this year as part of the Co Rd 9 project in Robbinsdale. An additional 2,150 will be replaced in 2015 as that project is completed. There will then be three sections of the original pipe left: 1. Approximately 500 feet from the Minneapolis connection to the starting point of the County Road 9 project near York Avenue. 2. Approximately 2,150 feet from France Avenue to Lake Road that will be replaced next year as part of the same project. 3. Approximately 5,242 feet from Lake Road to the Crystal Reservoir. This means approximately 7.892 feet of the original pipeline has not been inspected. If one �ssumes the results from a potential inspection in the future would be similar to the one just conducted, then there could be an additional 44 locations that are compromised. Right now there is not an easy way to inspect these three sections of pipeline and one could argue it may not be cost effective to inspect the 2,150 feet that will be replaced in 2015. If the total number of compromised pipe sections is 16+44=60, at 16 feet per section, that would be 960 feet to be repaired from inside the pipe. The best rate on the market at this point is $3,500 per foot or $3,360,000. But even after this kind of investment, the remainder of the pipeline would have to be monitored and repaired as long as it is in service. While this is quite expensive, it is a common practice among utilities with this type of pipe, i.e. to maintain it in this fashion via regular spot repairs. Before making this kind of an investment, and because there is time during this winter to develop a long term plan, the JWC will operate the pipeline at reduced pressure throughout the winter. The JWC is also deveioping an RFP to retain a qualified consultant to assist the JWC in developing options for ultimately rehabilitating and/or replacing the remaining 5,750 feet of 36" pipeline. These options would include a possible combination of the following: • Open cut dig up and replace in 42"d Avenue • Cured in place pipe (CIPP), similar to the current sewer lining project, but for pressure pipe • Slip-line which means pulling a new pipe through the existing old pipe • Other methods Whatever the final rehabilitation or replacement method becomes, a cost estimate will not be possible until the study and analysis is completed. One more part of the analysis will have to include the development of contingencies for summer operation with potentially a reduced supply of water from Minneapolis if the pipeline is not in a condition to be operated at full pressure. By that time however, 75% of the emergency backup water supply should be on line. This could potentially be used to supplement the water supply, but as an earlier study showed, there may be some water quality issues due to blending softened river water with untreated well water. The current schedule is to have the study results completed by the middle of February. Respectfull s bm� ted � Thomas A. Mathisen City Engineer i:lpubworks/projects/2014/2014-32 JWC 36-in�h Replacement/Wrksessmemt �- � �� w � � � � �� , �� o- � 0. � i � .� � "r W. �,''� �4� � � � � M � �� . Memorandum ��fi�L DATE: November 13, 2014 TO: Mayor and City Council FROM: Anne Norris, City Manager SUBJECT: 2015 Budget Questions At a recent work session, the City Council requested that the 2015 budget be a standing work session agenda item until the 2015 budget is approved to allow Councilmembers the opportunity to ask questions about the proposed 2015 budget.