2011.10.18 Council Meeting Packet
CITY OF CRYSTAL
City Council Meeting Packet for
Tuesday, October 18, 2011
MEETING SCHEDULE
Time Type of Meeting Place
6:00 – 6:30 p.m. Citizen Input Time with Mayor Bowman Conference
Room A
6:30 – 6:55 p.m.
1st Council Work Session agenda:
· Max it Pawn license update
· Review 2012 minor funds
Conference
Room A
7:00 p.m. Regular City Council Meeting Council
Chambers
Immediately after
the Regular City
Council Meeting
2nd Council Work Session agenda:
· Review 2011 PIR changes
· Review 2012 PERF fund changes
· Review 2012 general fund budget
changes
Conference
Room A
THE CITY MANAGER’S COMMENTS ARE BOLDED .
Crystal City Council Meeting
Preliminary Agenda
October 18, 2011
7:00 P.M.
Council Chambers
I. CALL TO ORDER, ROLL CALL, AND PLEDGE OF ALLEGIANCE
II. ACKNOWLEDGMENTS
The Mayor will acknowledge the following:
1. $500 donation from the Crystal Frolics Committee to the Crystal Police Explorers.
III. COUNCIL MEETING MINUTES
The Council will consider the minutes from the following meetings in a single motion:
a. The Regular City Council Meeting from October 4, 2011;
b. Two Council Work Sessions from October 4, 2011; and
c. The Council Work Session from October 13, 2011.
IV. CONSENT AGENDA
The Council will consider the following items, which are routine and non-controversial
in nature, in a single motion:
1. Approval of the list of license applications submitted by the City Clerk to the City
Council, a list that is on file in the office of the City Clerk;
2. Approval of disbursements over $25,000 submitted by the Finance Director to the
City Council, a list that is on file in the office of the Finance Director;
3. Adoption of a resolution making annual elections for the 2012 Insurance Policy; and
4. Adoption of a resolution authorizing the City of Crystal to be a party to Minnesota
Water/Wastewater Agency Response Network (MnWARN).
V. PUBLIC HEARINGS
The Mayor will open three separate public hearings to receive comment and Council
consideration of the following items:
1. A resolution adopting an Assessment Roll for Year 2011 delinquent accounts;
Each year, the Council considers assessments for delinquent accounts
related to utility bills, abatement of nuisances, unpaid administrative citations
(property maintenance, etc.). Recommend approval of the resolution
adopting the 2011 assessment roll for delinquent accounts.
Crystal City Council Meeting Agenda
October 18, 2011
Page 2 of 4
V. PUBLIC HEARINGS CONTINUED
2. A resolution adopting an Assessment Roll for Project No. 2010-11; Phase 11
Broadway Park street reconstruction, driveway replacement, and sanitary sewer
repair; and
As part of each street reconstruction project, residents have the option of
having driveways replaced and sewer lines repaired and the associated costs
assessed to each participating property. Recommend approval of the
resolution adopting the assessments for these improvements to specific
properties.
3. A resolution ordering Project No. 2011-12; Phase 12 Forest North street
reconstruction.
As discussed at several work sessions, plans are underway for the 2012
street reconstruction project, Phase 12, in the Forest North neighborhood. A
neighborhood open house on October 6 was well-attended. In order to keep
the project on schedule, recommend approval of the resolution ordering the
Phase 12 project.
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. Individuals are asked to step up to the
podium and speak clearly into the microphone. You are allowed 3 minutes to make
your comments. The Council will not take action on items discussed during open
forum; however, the Council may add the item to a future meeting agenda and ask city
staff for follow-up.)
VII. REGULAR AGENDA
1. The Council will consider a conditional use permit for expanded hours of operation
in the C-1 Neighborhood Commercial district at 3537 Douglas Drive North
(BodyBlast Fitness and Dance).
Earlier this year, the Council considered a variance request to allow Body
Blast to be open at 5 a.m., earlier than the 6 a.m. time permitted in the C-1
Neighborhood Commercial District. Since then, the Council approved an
ordinance amending the code to allow uses in this zoning district to utilize
the conditional use permit process to extend business hours beyond those
permitted. The Planning Commission held a public hearing on this request
on October 10 and unanimously recommended approval of a conditional use
permit to allow Body Blast to open at 5 a.m., subject to the findings and
conditions included in the staff report.
Crystal City Council Meeting Agenda
October 18, 2011
Page 3 of 4
VII. REGULAR AGENDA CONTINUED
2. The Council will consider a conditional use permit for expanded hours of operation
in the C-1 Neighborhood Commercial district at 3545 Douglas Drive North (Milton’s
Restaurant).
The applicant is proposing to open a restaurant in the multi-tenant building at
36 th and Douglas in the C-1 Neighborhood Commercial district. This district
only permits businesses to be open until 9 p.m. The applicant is requesting a
conditional use permit to operate the restaurant until 10 p.m. on weeknights
and midnight on Fridays and Saturdays. At its October 10 meeting, the
Planning Commission held a public hearing and unanimously recommended
approval of the conditional use permit with the findings and conditions
included in the staff report.
3. The Council will consider a resolution approving the final version of the
Comprehensive Plan.
In May of 2009, the City Council approved the city’s Comprehensive Plan
Update for submission to the Metropolitan Council. Since then, staff has
worked with Metropolitan Council staff to address requests for additional
information and changes so Crystal’s plan conforms to regional system
plans. The Metropolitan Council accepted Crystal’s Comprehensive Plan
Update on August 10, 2011, subject to the revisions being approved by the
Crystal City Council. At its October 10 meeting, the Planning Commission
unanimously recommended approval of final version of the Comprehensive
Plan Update.
4. The Council will consider the first reading of an ordinance amending the City Code
with the addition of Section 340 - Domestic Partner Registration.
As discussed at several work sessions, the Council should consider the first
reading of an ordinance amending the City Code creating a domestic partner
registration. Recommend approval of the first reading of this ordinance.
VIII. INFORMATION AND DISCUSSION
· The Crystal Business Association meets at 8:30 p.m. on Wednesday, October 19,
in the Game Room at the Crystal Community Center.
· The next City Council Meeting will be at 7:00 p.m. on Tuesday, November 1, in the
Council Chambers at City Hall.
IX. ADJOURNMENT
Crystal City Council Meeting Agenda
October 18, 2011
Page 4 of 4
X. MEETING SCHEDULE ON OCTOBER 18, 2011
Have a great weekend; see you Tuesday night!
Time Type of Meeting Place
6:00 – 6:30 p.m. Citizen Input Time with Mayor Bowman Conference
Room A
6:30 – 6:55 p.m.
1st Council Work Session agenda:
· Max it Pawn license update
· Review 2012 minor funds
Conference
Room A
7:00 p.m. Regular City Council Meeting Council
Chambers
Immediately after
the Regular City
Council Meeting
2nd Council Work Session agenda:
· Review 2011 PIR changes
· Review 2012 PERF fund changes
· Review 2012 general fund budget
changes
Conference
Room A
CONSENT AGENDA
Consent Agenda #1
Page 1 of 1
APPLICATIONS FOR CITY LICENSE
October 18, 2011
GAS INSTALLER
Ray N Welter Heating Co 4637 Chicago Ave S, Minneapolis, MN 55407
Erickson Plumbing Heating & Cooling 1471 92 nd Lane NE Blaine, MN 55449
GAS STATION
Holiday Stationstores Inc #703 5317 36 th Ave N (at Cub Foods) Crystal, MN 55422
PLUMBER
Franke Mechanical LLC 1472 Oakdale Ave, St. Paul, MN 55118
Muska Plumbing LLC 1985 Oakcrest Ave, Roseville, MN 55113-2686
F Richie Plumbing Inc. 7676 Jasmine Ave S. Cottage Grove, MN 55016
Erickson Plumbing Heating & Cooling 1471 92 nd Lane NE Blaine, MN 55449
RENTAL – NEW
3406 Noble Ave N – Susan Kowaliw (Conditional)
3425 Quail Ave N – Jeff/Michelle Petersen (Conditional)
3012 Wisconsin Ave N – R Libby/J Burdick Libby (Conditional)
4323 Xenia Ave N – Home Design Properties
RENTAL – RENEWAL
5756 Brunswick Ave N – Michael Mohinani (Conditional)
6624 Cloverdale Ave N – Pinto Family Ltd Partnership
3157 Douglas Dr N – Drew/Terri Kabanuk (Conditional)
3335 Douglas Dr N – Drew/Terri Kabanuk (El Presidente) (Conditional)
4625 Douglas Dr N – Laura Fosler
4716 Douglas Dr N – Matt Jerome (Conditional)
5115 Edgewood Ave N – Seausankar Deoraj (Conditional)
5146 Edgewood Ave N – Terry Aukema (Conditional)
2725 Hampshire Ave N – Guy Proels
5306 Hampshire Ave N – Kim Frye (Conditional)
4807 Jersey Ave N – RLR Real Estate LLC
3010-3012 Kentucky Ave N – Catherine Hietala
5648 Pennsylvania Ave N – Chris/Mari Houck (Conditional)
3509 Perry Ave N – Brandon Moore (Conditional)
5812 Quail Ave N – Dwayne Meier (Conditional)
4733 Welcome Ave N – Todd Shaw (Conditional)
5002 Welcome Ave N – Bill Griswold (Conditional)
5840 West Broadway – P Doolittle for L Doolittle Knapp (Conditional)
3501 Xenia Ave N – Dennis/Catherine Morgan
6512 34 th Ave N – Michael/Theresa McLaughlin (Conditional)
6215-6217 47 th Ave N – V Palanisami
6915 59 th Ave N – Proton Investments Inc (Conditional)
DATE: October 13, 2011
TO: Anne Norris, City Manager
City of Crystal City Council
FROM: Charles Hansen, Finance Director
RE: Expenditures over $25,000
Payee Amount
IRS Social Security/Medicare - Federal Tax W/H P/R 9/30/11 49,058.80
PERA PERA P/R 9/30/11 Employee/City Contributions 40,691.82
Golden Valley JWC August water costs 231,260.09
SEH Inc Phase 11 and Phase 12 Street Reconstruction Services - August 68,644.27
GMHC Home Improvement Incentive Rebate Program Request and Admin Fees 38,094.40
West Metro Fire Relief Association 2011 State Fire Aid 141,983.00
West Metro Fire-Rescue District October Fire Budget Allocation 82,634.74
652,367.12
Description
C:\Documents and Settings\cserres\Local Settings\Temporary Internet Files\Content.Outlook\YA5AG7SR\Checks over 25000.xlsC:\Documents and Settings\cserres\Local Settings\Temporary Internet Files\Content.Outlook\YA5AG7SR\Checks over 25000.xls
CONSENT AGENDA #2
Memorandum
DATE: October 12, 2011
TO: Mayor and City Council
Anne Norris, City Manager
FROM: Charles Hansen, Finance Director
SUBJECT: Consideration of Resolution Making Annual Elections for the 2012
Insurance Policy
Background
There are many choices that must be made each year as part of the process of
applying for the renewal of the City’s insurance policies. Two of these choices
must be made by the City Council, not the staff. One of these choices is whether
or not to waive the statutory limit on tort liability. The other is whether or not to
provide worker’s compensation insurance for the City Council.
Discussion
Liability Insurance:
The City must select one of three options for the statutory tort limit on liability
claims. The options are as follows:
1. Do not waive the statutory tort limit. In this case, no individual will be
able to recover more than $500,000 from the City. For accidents or
incidents where multiple persons have claims against the City, the total for
all claimants will be limited to $1,500,000.
2. Waive the statutory tort limit but do not purchase excess liability
insurance. In this case, an individual will be able to recover up to
$1,500,000 from the City. For accidents or incidents where multiple
persons have claims against the City, the total for all claimants will still be
limited to $1,500,000.
CONSENT AGENDA #3
3. Waive the statutory tort limit and purchase excess liability insurance.
In this case, an individual will be able to recover up to the limit of the
coverage purchased by the City. For accidents or incidents where
multiple persons have claims against the City, the total for all claimants
will still be limited to the coverage purchased by the City.
The City of Crystal doesn’t purchase excess liability insurance because our
circumstances don’t require it and the excess insurance is quite expensive. This
eliminates option 3 above.
Workers Compensation Insurance for City Council Members:
Unlike city employees, elected officials are not automatically covered by the
worker’s compensation law. Cities wishing to cover elected officials need to pass
an ordinance or resolution to make the elected officials “employees” for purposes
of worker’s comp coverage.
Providing the coverage means that a city council member who is injured while on
city business would receive worker’s compensation benefits. The risk of such an
injury is low, but the benefits would be important to the individual if it happened.
I estimate that the premium to provide this coverage to the entire city council will
cost about $120 in 2012.
Insurance Agent:
The City of Crystal has used the Nesbit Agencies as its insurance agent for
many years. A lump sum fee is paid to the agent instead of commissions which
are a percentage of the insurance premiums. This fee was $7,200 for the 2011
insurance year and I don’t anticipate any increase for the 2012 year.
I recommend staying with the Nesbit Agencies because their service has been
good and there they have developed the knowledge of the city required to
effectively carry out the function of the insurance agent.
Conclusion
Choices listed on the resolution are the same as the City Council has elected to
make for the last few years. I recommend that the City Council approve the
attached resolution making elections for the 2012 insurance policy.
RESOLUTION NO. 2011-_______
RESOLUTION MAKING ANNUAL ELECTIONS FOR
THE 2012 INSURANCE POLICY
WHEREAS, the City of Crystal must declare whether or not to waive the
statutory limit on tort liability established by Minnesota Statutes 466.04, and
WHEREAS, the City of Crystal must declare whether or not to provide
worker’s compensation insurance for elected officials, and
WHEREAS, the City of Crystal must appoint the insurance agent that will
represent the city in dealing with the League of Minnesota Cities Insurance Trust.
NOW, THEREFORE, BE IT RESOLVED by the City Council that the City
of Crystal does not waive the statutory limit on tort liability established by
Minnesota Statutes 466.04 for the 2012 insurance policy.
BE IT FURTHER RESOLVED that City of Crystal elects to provide
worker’s compensation insurance for members of the City Council while on city
business.
BE IT FURTHER RESOLVED that City of Crystal appoints the Nesbit
Agencies as its agent of record for purchasing insurance policies.
Adopted by the Crystal City Council this 18th day of October, 2011.
___________________________
ReNae J. Bowman, Mayor
ATTEST:
___________________________
Christina Serres, City Clerk
PUBLIC HEARINGS
Memorandum
DATE: October 13, 2011
TO: Mayor and City Council
Anne Norris, City Manager
FROM: Charles Hansen, Finance Director
SUBJECT: Resolution Adopting an Assessment Roll for 2011 Delinquent Accounts.
Introduction:
Each year, the city levies special assessments on properties that have received
services during the year, but have not paid the invoices that were sent out. These
services include: utility charges, administrative citations, vacant building registrations,
abatement of public health/safety hazards, tree trimming/removal, weed elimination and
false alarm charges.
Receivables that are included in the assessment are those that were 30 or more days
delinquent on July 31, 2011. Resolution 2011-69 was approved by the City Council on
August 16, 2011. This resolution listed the delinquent amounts to be assessed, set the
public hearing for October 18, 2011 at 7:00 PM, and set the interest rate on the
assessments at 12%.
Letters have been sent to the owners of each property with an assessment to notify
them of the special assessment and of this public hearing. Notice of the public hearing
was also published in the September 22, 2011 in the Crystal/Robbinsdale Sun Post.
Discussion:
Numerous payments have been received since the assessment rolls were initially
prepared in August. Complete assessment rolls will be available at the meeting for
inspection, but they were not copied for this agenda packet. The current balances of
the assessment rolls are summarized as follows:
Number of
Accounts
Total Dollar
Amount
Delinquent Utility Accounts: 813 $383,908.90
Administrative Citations 178 $196,239.50
Vacant Building Registrations 44 $23,267.62
Abatement of Public Health/Safety Hazards 21 $16,894.29
Tree Trimming/removal 3 $2,838.12
Weed Elimination 19 $10,602.48
False Alarm Charges 8 $720.00
TOTAL 1,086 $634,470.91
PUBLIC HEARING #1
For comparison sake, the assessment roll at this same point last year as follows:
Number of
Accounts
Total Dollar
Amount
Delinquent Utility Accounts: 897 $448,703.42
Administrative Citations 219 $205,931.00
Vacant Building Registrations 33 $17,655.00
Abatement of Public Health/Safety Hazards 15 $20,492.34
Tree Trimming/removal 6 $8,482.46
Weed Elimination 58 $5,849.21
False Alarm Charges 9 $840.00
TOTAL 1,237 $707,953.43
A $35.00 per account administrative charge will be added on Thursday, October 20th .
Payments will be accepted through 4:30 P.M. on Wednesday, October 19, 2011 without
the administrative charge. This allows customers to appeal their assessment to the City
Council without incurring the administrative charge.
Customers will be able to pay the assessment any time through November 29 th without
being charged interest. Payments made after that date will be charged interest at the
rate of 12% per year. On November 30 th , the assessment roll will be sent to Hennepin
County.
Appeals:
We have not received any written appeals of assessments. Property owners may still
appear at the public hearing without having given a written appeal in advance.
Recommended City Council Actions:
1. Open the public hearing
· Hear the appeals of any persons present at the public hearing
· Read any written appeals into the record
· Close the public hearing
2. Request information as needed from the staff either at the meeting or to be
presented at the November 1st City Council meeting.
3. Approve or deny each appeal individually determining one of the following:
· The appeal is denied and the assessment will be included in the roll.
· The appeal is denied and the assessment will be included in the roll,
but with the staff to report back at the next meeting regarding the
appeal, at which time the City Council could approve the appeal.
· The appeal is approved and the assessment is canceled.
4. The City Council should approve the resolution adopting the special
assessment roll including any assessments that staff will report back on at
the November 1st meeting. An assessment can be removed from the roll
later, but nothing can be added back if it isn’t included in the assessment roll
approved tonight.
RESOLUTION NO. 2011-___
RESOLUTION ADOPTING AN ASSESSMENT ROLL
FOR 2011 DELINQUENT ACCOUNTS
WHEREAS, pursuant to proper notice duly given as required by law, the City Council of the City of
Crystal, Minnesota, has met and heard and passed upon all objections to the following proposed
assessments: delinquent utility charges; administrative citations; vacant building registrations; abatement
of public health & safety hazards; tree trimming/removal; weed mowing/elimination; false alarm fines.
BE IT RESOLVED that the City Council of the City of Crystal, Minnesota, hereby approves the following:
1. A listing of proposed assessments, a copy of which is available upon request, is hereby accepted and
shall constitute the special assessment against the parcels of land named therein. Each tract of land
therein included is found to be benefited by services in the amount of the assessment levied against
it.
2. Assessments shall be payable in installments as designated below:
Utility charges 1 year
Administrative citations 1 year
Vacant building registrations 1 year
Abatement of public health & safety hazards 1 year
Tree trimming/removal 2 years
Weed mowing/elimination 1 year
False alarm fines 1 year
3. The owner of any property so assessed may, at any time prior to certification of the assessment to
the County Auditor, pay the whole of the assessment on such property.
· If the entire assessment is paid by 4:30 p.m. on Tuesday, November 29, 2011,
no interest will be charged.
· Payments made from Monday, November 14, 2011, through Tuesday, November
29, 2011, will ONLY be accepted in the form of cash, money order, cashiers
check or credit card (MasterCard or VISA accepted). Checks will not be
accepted. Payments must be made in person at the front desk of City Hall
between the hours of 8:00 a.m. – 4:30 p.m., Monday-Friday.
· Delinquent balances not paid by 4:30 p.m. on Tuesday, November 29, 2011, will
be assessed against the property. This means that the delinquent balance will
be reported to Hennepin County, which will add it to the 2012 property tax
statement for the Service Address. Assessed amounts will accrue interest at an
annual rate of twelve percent (12%) from November 1, 2011, through December
31, 2012.
· An owner may, at any time thereafter, pay to Hennepin County the entire amount
of the assessment remaining unpaid, with interest (12%) accrued to December
31st of the year in which such payment is made.
4. The City Clerk will transmit a certified duplicate of the final assessment listing to the County Auditor,
to be extended on the property tax roles of the county. Such assessments will be collected by
Hennepin County and will be remitted to the city, in the same manner as other municipal taxes.
Adopted by the City Council of the City of Crystal this 18th day of October 2011.
_______________________
ReNae J. Bowman, Mayor
ATTEST:
________________________
Christina Serres, City Clerk
REGULAR AGENDA
REGULAR AGENDA #1
REGULAR AGENDA #2
REGULAR AGENDA #3
REGULAR AGENDA #4
G:\City Clerk\Council\Work sessions\2011\Afterwsagenda10.18.11.doc
CRYSTAL CITY COUNCIL
SECOND WORK SESSION AGENDA
Tuesday, October 18, 2011
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, October 18, 2011 in Conference Room A located at 4141 Douglas
Drive, Crystal, Minnesota.
I. Attendance
Council members Staff
____ Moore ____ Norris
____ Selton ____ Banick
____ Anderson ____ Hansen
____ Bowman ____ Norton
____ Budziszewski ____ Serres
____ Deshler
____ Hoffmann
II. Agenda The purpose of the work session is to discuss the following items:
· Review 2011 PIR changes
· Review 2012 PERF fund changes
· Review 2012 general fund budget changes
III. Adjournment The Work Session adjourned at ______ p.m.