2009.04.21 Council Meeting PacketMEETING SCHEDULE
a) 6:00 — 6:30 p.m.
Citizen Input Time in the
Conference Room A
b) 6:30 — 6:55 p.m.
1St Council Work Session in
Conference Room A to discuss
proposed City Charter amendments
c) 7:00 p.m.
Regular City Council Meeting in the
Council Chambers
d) After the Council Meeting
2nd Council Work Session in
Conference Room A to discuss:
® 2010 Budget Parameters
® Updates on the water meter
replacement project
CRYSTAL CITY COUNCIL
Tuesday, April 21, 2009
6:30 — 6:55 p.m.
Conference Room A
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, April 21, 2009 in Conference Room A located at 4141 Douglas Drive,
Crystal, Minnesota.
1. Attendance
Council members Staff
Hoffmann Norris
Selton
Banick
L. Moore Lewis
Anderson
Bowman Charter Commission
Grimes Samantha Erickson
J. Moore
11. Agenda
The purpose of the work session is to discuss the following agenda item:
® Proposed amendments to the City Charter
Ill. Adjournment
The Work Session adjourned at _ p.m.
GACIty ClerMounciWork sessions\fjrstwsagenda4-21-09.doc
CRYSTAL
COUNCIL STAFF REPORT
Work Session: Proposed Charter Amendments
FROM: Janet Lewis, City Clerk
DATE: April 16, 2009
TO: Mayor and Council Members
City Manager
CC: City Attorney
Charter Commission Chair S. Erickson
The Crystal Charter Commission discussed proposed amendments to Sections
2.04, 6.05, and 2.07 of the City Charter at its meeting on February 5, 2009.
The Charter Commission is requesting Council action on April 21, 2009 to
Sections 2.04 (filing requirements) and 6.05 (purchases & contracts) to order a
public hearing to consider the First Reading of an ordinance amending said
sections.
The Commission will meet in May to discuss Section 2.07 (vacancies and absences
of elected officials). However, more direction is needed to facilitate the
discussion. Please review the memo from City Manager Anne Norris to the
Charter regarding absences from municipal -elected offices. Charter Commission
Chair Samantha Erickson will attend the work session to participate in the
discussion.
More documentation is in your packet regarding Sections 2.04 and 6.05 under
Regular Agenda #7.
Exhibit
A) City Manager's memo re: absences from municipal -elected offices dated
1130109
B) City Manager's memo re: residency requirements for council candidate -
other cities dated 1130109
1:\Commissions\Charter\2009\CounciI Staff Report Form Lewis-4.21.09—work session charter amendments.doc
..................
AEF Memorandu.crm
'Y
[CRYSTAL
DATE: January 30, 2009
TO: Crystal Charter Commission
FROM: Anne Norris, City Manager
SUBJECT: Absences from Municipal -Elected Offices
Crystal Charter Section 2.07 outlines situations which constitute a vacancy on the
Council. While there is language regarding a councilmember "having a continuous
absence from the city for more than three months" or "failure of the councilmember
without good cause to perform the duties of the office for a period of three months",
there isn't any provision addressing an extended absence by a councilmember. It might
be useful for the Commission to discuss adding some language addressing this
circumstance. Below is information from Brooklyn Center, Brooklyn Park, Plymouth and
Robbinsdale charters regarding vacancies/attendance.
Brooklyn Center:
Brooklyn Center's charter specifies that a councilmember missing three
consecutive regular Council meetings without being excused by the Council is
considered a vacancy on the Council but there is no definition of what is
considered an unexcused absence.
Brooklyn Park:
Brooklyn Park's charter considers a vacancy when there is "failure to perform
any of the duties of Council Member for a continuous period of ninety days."
Plymouth:
Plymouth's charter contains similar language as Crystal's, that is "having a
continuous absence from the city for more than 90 days" or "failure of the officer
without good cause to perform the duties of the office for a period of three
consecutive months." There is a provision in Plymouth's city code requiring
councilmembers to attend at least one council meeting in a month in order to
receive pay for that month.
Robbinsdale:
Robbinsdale's charter includes similar language to Crystal's: "continuous
absence of the member from the city for more than three months" or "failure of
the member without good cause to perform the duties of the office for a period of
three months."
It seems that if the Commission suggests additional language addressing this issue,
there should be some acknowledgement that "good cause" be taken into consideration.
Memorandum
4YST1 X
q CU
DATE: January 30, 2009
TO: Crystal Charter Commission
FROM: Anne Norris, City Manager
As Pr1)UL1,AA- +0 +11,2.
C161Kk-+— ce) In fn /'s 9 i01111
V- L -H
�09
SUBJECT: Residency Requirements for Council Candidates — Other Cities
To help the Commission's discussion of the residency issue, below are summaries from
Brooklyn Center, Brooklyn Park, Plymouth and Robbinsdale charters regarding
residency requirements for council candidates.
Brooklyn Center:
Councilmembers all serve at large and are required to be registered voters of
Brooklyn Center.
Brooklyn Park:
Councilmembers must reside within Brooklyn Park and must reside within the
boundary limits of the district they are elected to represent. If a person elected
to a district fails to qualify on or before the second regular meeting in the year
after the election, a vacancy in that office exists.
Plymouth:,
Councilmembers must be residents of the city. A ward councilmember must be
a resident of the ward (i) at least for the thirty days prior to the date of election or
(ii) at the time of appointment to fill a vacancy. Continued residence in the ward
in which the councilmember resides is required during the term of office.
Robbinsdale:
Councilmembers must reside within the boundary limits of the city. Resident
councilmembers are required to be a resident of the ward or district at the time of
election or appointment. Continued residence in the ward or district is required
during the term of office. If a person elected to a ward or district fails to qualify
on or before the second regular council meeting in the year after the election, a
vacancy in that office exists.
The current meeting packet is available on the city website at.www.ci.crystal.mn.us
THE CITY MANAGER'S COMMENTS ARE BOLDED.
Crystal City Council
Preliminary Agenda & Meeting Schedule
April 21, 2009
7:00 P.M.
Council Chambers
I. CALL TO ORDER, ROLL CALL, AND PLEDGE OF ALLEGIANCE
II. COUNCIL MEETING MINUTES
The Council will consider the minutes from the following meetings:
® Regular City Council Meeting from April 7, 2009; and
® Three Council Work Sessions from April 7, 2009.
Ill. 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 $15,000 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 the 2009 Street Striping Maintenance Project #2009-02 to Century
Fence Co.
IV. PUBLIC HEARINGS
The Council will receive public comment and consider the following public hearing
items:
1. Twin Oak Pond Project #2007-20
This hearing is required to apply for federal funds to assist with the cost of
constructing this storm water ponding/management facility.
2. Phase 10 Welcome Park Street Project #2008-10 Assessment Roll
This year's street reconstruction project, Phase 10, is the Welcome Park
neighborhood. The Council needs to take comments on the proposed
assessments for this year's project. Recommend approval of proceeding
with the project and adopting the assessment roll.
Crystal City Council
Meeting Agenda
April 21, 2009
V. OPEN FORUM
(Open forum is a time set aside for individuals to address the Council on items not on
the regular agenda. Each person is allowed three minutes to speak and no item may
be addressed more than 10 minutes. No Council action may be taken during open
forum. The Council may place items brought before it during open forum on future
meeting agendas and staff reports may be required.)
VI. REGULAR AGENDA
1. The Council will consider civil penalties for the violation of ordinances and laws
relating to the illegal sale of alcohol to underage persons by the following license
holders:
Red Dragon Liquors, 5924 West Broadway
Crystal Wine & Spirits, 4920 West Broadway
Doyle's Bowling & Lounge, 5000 West Broadway
Each business must admit the violation before action is taken by the Council.
The violations occurred on Thursday, December 4, 2008 and deemed first
violations according to Resolution 2002-75. Consistent with the Council's
policy and past practice, recommend a 1 -day license suspension and $750
fine for each business with the city clerk determining the suspension dates.
The city clerk requests the Council establish May 7 as the due date for
payment of the fine. Failure to render payment may result in immediate
revocation of the liquor license.
2. The Council will consider the First Reading of an ordinance relating to vacant
property registration.
As discussed at the April 7 work session, this ordinance will require owners
of vacant properties to register with the city and provide contact information
as well as a maintenance plan for vacant property. Recommend approval of
the first reading.
3. The Council will consider a sign variance at 7700 — 36th Ave N (Winnetka Village
apartments).
Winnetka Village Apartments is requesting a variance from the time limits for
temporary signs for vacant units so that the signs can remain in place
indefinitely. At its April 13 meeting the Planning Commission unanimously
recommended denial of the sign variance application based on the findings
of fact in the staff report.
Page 2 of 4
Crystal City Council
Meeting Agenda
April 21, 2009
V1. REGULAR AGENDA CONTINUED
4. The Council will consider resolutions awarding Phase 10 Construction Contract
and Geotechnical Consultant Contract.
If the Council approves proceeding with Phase 10, the construction and
geotechnical contracts also need to be approved.
5. The Council will consider 2009 Alley Project Feasibility Study and ordering a public
hearing for the project.
At its last meeting the Council ordered the feasibility study for this year's
alley project (several blocks in Forest North). Recommend approval of
accepting the feasibility study and setting the public hearing for May 19.
6. The Council will consider ordering a public hearing on proposed amendments to
Sections 2.04 and 6.05 of the Home Rule City Charter.
The Charter Commission recommends amendments to the City Charter
(Section 2.04 - filing requirements and Section 6.05 - purchases & contracts).
The Council needs to order the public hearing for the First Reading of the
ordinance amending the City Charter. All Council Members must be in
attendance and vote unanimously for the First and Second Readings.
VII. INFORMAL DISCUSSION AND ANNOUNCEMENTS
a) The next City Council Meeting will be at 7:00 p.m. on May 5 in the Council
Chambers at City Hall.
b) The Great Shingle Creek Watershed Clean -Up is on Saturday, April 25 at 9:30
a.m. Participants can meet at Vera Cruz and 52nd Ave on the east side of County
Road 81. Call the Recreation Department with any questions at 763-531-1158.
Have a great weekend; see you at Tuesday's meeting!
Page 3 of 4
FA
Crystal City Council
Meeting Agenda
April 21, 2009
MEETING SCHEDULE ON APRIL 21, 2009
a) 6:00 — 6:30 p.m. Citizen Input Time in the Conference Room A
b) 6:30 — 6:56 p.m. 1st Council Work Session in Conference
Room A to discuss City Charter amendments
c) 7:00 p.m. Regular City Council Meeting in the Council
Chambers
d) After the Regular Council Meeting 2"d Council Work Session in Conference
Room A to discuss:
® 2010 Budget Parameters
® Updates on the water meter replacement
project
Page 4 of 4
Crystal City Council
Meeting Packet
April 21, 2009
COUNCIL MEETING MINUTES
The Council will consider the minutes from the following meetings:
® Regular City Council Meeting from April 7, 2009; and
® Three Council Work Sessions from April 7, 2009.
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 $15,000 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 the 2009 Street Striping Maintenance Project #2009-
02 to Century Fence Co.
Crystal City Council First Work Session minutes April 7, 2009 1783
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 6:00 p.m. on
Tuesday, April 7, 2009 in Conference Room A at City Hall located at 4141 Douglas
Drive, Crystal, Minnesota. The Mayor called the work session to order.
I. ATTENDANCE
The city manager recorded the attendance with the following members:
COUNCIL: Bowman, Selton, Hoffmann, Grimes, J. Moore, and L. Moore
ABSENT: Anderson
STAFF: City Manager A. Norris
OTHER: Hennepin County Assessors T. Doolittle, M. LaRose, and J. Vetris Pike
II. AGENDA
The Council and staff discussed the upcoming Board of Appeal & Equalization
Meeting with the Hennepin County Assessors.
Ill. ADJOURNMENT
The work session adjourned at 6:25 p.m.
ReNae J. Bowman, Mayor
ATTEST:
Anne L. Norris, City Manager
G:\Councii\Minutes2009kmin4-7-09firstwsbefore.doc - 1 783 -
Crystal City Council Second Work Session minutes April 7, 2009 1784
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 6:27 p.m.
on Tuesday, April 7, 2009 in Conference Room A at City Hall located at 4141 Douglas
Drive, Crystal, Minnesota. The Mayor called the work session to order.
I. ATTENDANCE
The city manager recorded the attendance with the following members:
COUNCIL: Bowman, J. Moore, L. Moore, Selton, Hoffmann, Grimes, and
Anderson
STAFF: City Manager A. Norris, Recreation Director G. Hackett, and Parks
Superintendent R. Rauen
OTHER: Parks & Recreation Commission Members L. Haney and L. Merriam
II. AGENDA
The Council and staff discussed the following items:
2008 Work Plan for the Parks & Recreation Commission
2009 Work Plan for the Parks & Recreation Commission
Parks & Recreation Commission Long Range Plan Overview
Parks & Recreation Commission Budget Policy Statements
111. ADJOURNMENT
The work session adjourned at 6:46 p.m.
ReNae J. Bowman, Mayor
ATTEST:
Anne L. Norris, City Manager
G:\Council\Minutes2009\min4-7-09secondwsbefore.doc - 1784 -
Crystal City Council Meeting minutes April 7, 2009 1785
- 1 0 9 0 10 crell FTAI 0
Pursuant to due call and notice thereof, the Regular Meeting of the Crystal City
Council was held on Tuesday, April 7, 2009 at 7:00, in the Council Chambers at 4141
Douglas Drive in Crystal Minnesota. Mayor ReNae Bowman called the meeting to
order.
Upon roll call, the city clerk recorded the following attendance:
COUNCIL: Bowman, J. Moore, Selton, Grimes, L. Moore, Anderson, and Hoffmann.
STAFF: City Manager A. Norris, City Attorney S. Bubul, Police Lieutenant T.
Gustafson, Engineering Project Manager M. Cyert, and City Clerk J.
Lewis.
Mayor Bowman led the Council and audience in the Pledge of Allegiance.
11. ACKNOWLEDGEMENTS
The Mayor acknowledged the following donations received by the City:
a) $100 from Residential Mortgage Group for the Crystal Police Department;
b) $2,000 from Silver Cycling USCF for the Recreation Department's Activity
Assistance Program; and
c) $500 from the Airport Foundation MSP for the Crystal Airport Open House.
111. PRESENTATION
The Council received a presentation from Joel Bergstrom of the Greater
Minneapolis Crisis Nursery.
IV. COUNCIL MEETING MINUTES
The Council considered the minutes from the regular City Council Meeting from
March 17, 2009.
Moved by Council Member Hoffmann and seconded by Council Member Grimes to
approve the minutes of the following Council Meetings, in a single motion:
® The regular City Council Meeting from March 17, 2009.
Motion carried.
V. PROCLAMATION
The Mayor presented the following proclamation:
a) April 18 — 25, 2009 is the week for the Great Shingle Creek Watershed
Clean-up in the City of Crystal.
OX .... 1785
Crystal City Council Meeting minutes April 7, 2009 1786
VI. CONSENT AGENDA
The Council considered the following items, which are routine and non -controversial
in nature, in a single motion:
1. Approval of the list of license applications submitted by the City Clerk to the
City Council, a list that is on file in the office of the City Clerk;
2. Approval of disbursements over $15,000 submitted by the Finance Director
to the City Council, a list that is on file in the office of the Finance Director;
3, Approval of canceling the Council Work Session for April 9, 2009;
4. Approval of a pawnbroker license extension for 5445 Lakeland Ave N from
April 30 — July 31, 2009 submitted by CNP Northwest d/b/a Cash -N -Pawn;
and
5. Approval of Sewer Utility CIP expenditure for the purchase of sanitary sewer
manhole covers (hidden pick -hole, gasketed).
Moved by Council Member Grimes and seconded by Council Member L. Moore
to approve the consent agenda.
Motion carried.
VII. OPEN FORUM
Jim Nugent, 4707 Welcome Ave N, addressed the Council about the upcoming
street reconstruction project and asked that it be postponed a few years until
economic conditions were better.
VIII. REGULAR AGENDA
1. The Council considered appointing Jake Hairrell as a member of the Human
Rights Commission for a partial, three-year term expiring December 31, 2011.
Mr. Hairrell addressed the Council.
,Moved by Council Member Anderson and seconded by Council Member
Hoffmann to approve the appointment of Jake Hairrell as a member of the
Human Rights Commission for a partial, three-year term expiring December 31,
2011.
Voting aye: Bowman, J. Moore, Selton, Grimes, L. Moore, Anderson, and
Hoffmann.
Motion carried.
QX .... Mi,11.12009mi,wUM., 1786
Crystal City Council Meeting minutes April 7, 2009 1787
Vill. REGULAR AGENDA CONTINUED
2. The Council considered appointing Victoria Morrison to the Human Rights
Commission for a partial three-year term expiring December 31, 2010.
Ms. Victoria Morrison addressed the Council.
Moved by Council Member Anderson and seconded by Council Member Selton
to approve the appointment of Victoria Morrison as a member of the Human
Rights Commission for a partial, three-year term expiring December 31, 2010.
Voting aye: Bowman, J. Moore, Selton, Grimes, L. Moore, Anderson, and
Hoffmann.
Motion carried.
3. The Council considered appointing John Schuneman as an at -large member of
the Parks & Recreation Commission for a partial three-year term expiring
December 31, 2009.
Mr. Schuneman addressed the Council.
Moved by Council Member Hoffmann and seconded by Council Member Grimes
to approve the appointment of John Schuneman as an at -large member of the
Parks & Recreation Commission for a partial, three-year term expiring December
31, 2009.
Voting aye: Bowman, J. Moore, Selton, Grimes, L. Moore, Anderson, and
Hoffmann.
Motion carried.
4. The Council considered appointing Jennifer Sodd as an at -large member of the
Parks & Recreation Commission for a partial three-year term expiring December
31, 2011.
Ms. Sodd addressed the Council.
Moved by Council Member Grimes and seconded by Council Member Selton to
approve the appointment of Jennifer Sodd as an at -large member of the Parks &
Recreation Commission for a partial, three-year term expiring December 31,
2011.
Voting aye: Bowman, J. Moore, Selton, Grimes, L. Moore, Anderson, and
Hoffmann.
Motion carried.
OX ... 1787
Crystal City Council Meeting minutes April 7, 2009 1788
V111. REGULAR AGENDA CONTINUED
5. The Council considered appointing Tricia, DeBleeckere to the Environmental
Quality Commission for a partial, three-year term expiring December 31, 2010.
Ms. DeBleeckere addressed the Council.
Moved by Council Member Hoffmann and seconded by Council Member Selton
to approve the appointment of Tricia DeBleeckere as a member of the
Environmental Quality Commission for a partial, three-year term expiring
December 31, 2010.
Voting aye: Bowman, J. Moore, Selton, Grimes, L. Moore, Anderson, and
Hoffmann.
Motion carried.
6. The Council considered a resolution authorizing the preparation of a Feasibility
Study for Fairview — 50th Ave Alley Reconstruction Project #2009-06.
Engineering Project Manager Mick Cyert addressed the Council and answered
questions.
Moved by Council Member L. Moore and seconded by Council Member J. Moore
to adopt the following resolution, the reading of which was dispensed with by
unanimous consent:
N'=W1L1J[J [Q g I g
AUTHORIZING THE PREPARATION OF
A FEASIBILITY STUDY
FOR FAIRVIEW — 50TH AVE ALLEY
RECONSTRUCTION PROJECT #2009-06
Voting aye: Bowman, J. Moore, Selton, Grimes, L. Moore, Anderson, and
Hoffmann.
Motion carried, resolution declared adopted.
QX...c1788
Crystal City Council Meeting minutes April 7, 2009 1789
V111. REGULAR AGENDA CONTINUED
7. The Council considered a public hearing notice for the Twin Oak Pond Project,
necessary for Federal Stimulus Dollars Grant Application.
City Manager A. Norris addressed the Council.
Moved by Council Member Grimes and seconded by Council Member Hoffman
to approve the public hearing notice for the Twin Oak Pond Project necessary for
Federal Stimulus Dollars Grant Application.
Voting aye: Bowman, J. Moore, Selton, Grimes, L. Moore, Anderson, and
Hoffmann. Motion carried.
IX. INFORMAL DISCUSSION AND ANNOUNCEMENTS
a) The Crystal Business Association meets at 8:30 a.m., Wednesday, April 15, at
Signarama at 353 Willow Bend at the Crystal Shopping Center.
b) The next Citizen Input Time will be April 21, from 6:00- 6:30 p.m. in Conference
Room A at City Hall.
c) The next City Council Meeting will be at 7:00 p.m. on April 21 in the Council
Chambers at City Hall.
X. ADJOURNMENT
Moved by Council Member L. Moore and seconded by Council Member Grimes to
adjourn the meeting. Motion carried.
The meeting adjourned at 7:33 p.m.
ReNae J. Bowman, Mayor
ATTEST:
Janet Lewis, City Clerk
1789
Crystal City Council Third Work Session minutes April 7, 2009 1790
Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the
City Charter, the third work session of the Crystal City Council was held at 8:20 p.m. on
Tuesday, April 7, 2009 in Conference Room A at City Hall located at 4141 Douglas
Drive, Crystal, Minnesota. The Mayor called the work session to order.
I. ATTENDANCE
The city manager recorded the attendance with the following members:
COUNCIL: Hoffmann, Selton, L. Moore, Anderson, Bowman, Grimes, and J.
Moore
STAFF: City Manager A. Norris, City Attorney S. Bubul, Community
Development Director P. Peters, Police Lieutenant T. Gustafson, and
City Clerk J. Lewis.
II. AGENDA
The Council and staff discussed the following items:
9 Annual city bus tour
CR 81 payment schedule
Vacant Property Registration ordinance
Hard surfacing driveway requirement
Recap of the Commission Appreciation Dinner
111. ADJOURNMENT
The work session adjourned at 9:46 p.m.
ReNae J. Bowman, Mayor
ATTEST:
Janet Lewis, City Clerk
G:\Council\Minutes2009\min4-7-09secondwsbefore,doc -1790 -
APPLICATIONS FOR LICENSE
APRIL 21, 2009
ANIMAL KENNEL
Becky Yuzna 8016 32nd PL N Crystal, MN 55427
GASINSTALLER
Heating & Cooling Two 18550 County RD 81 Maple Grove, MN 55369
PLUMBER
Adam's On -Time Plumbing 13791 Jonquil Lane N Dayton, MN 55327
Burnomatic Mooney & Ridler Mech. Contractors 2925 Garfield Ave S Mpls, MN 55408
Nate Couette Plumbing 3801 Hendricks Dr NW Maple Lake, MN 55358
Sowada & Berna Plumbing P O Box 188 Cedar, MN 55011
Tschida Bros Plumbing 1036 Front Ave St Paul, MN 55103
RENTAL — NEW
4230 Hampshire Ave N — William L. Smith (Conditional)
5801 Maryland Ave N — Joel Noel (Conditional)
4657 Xenia Ave N — David & Loretta Thompson
4737 Zane Ave N — Justin Roth (Conditional)
701036 1h Ave N — Mary Palus
680145 th PI N — Jean Marie Dovenberg (Conditional)
640562 d Ave N — Ivan Thurber & Paul E Scott (Conditional)
RENTAL — RENEWALS
3313 Brunswick Ave N — Jon Miller c/o Home Lsg & Mgmt
4212 Brunswick Ave N — Crystal Holdings LLC
5141 Edgewood Ave N — Dennis J O'Keefe
5927 Elmhurst Ave N — Luis Ventocilla (Conditional)
4841 Kentucky Ave N — Angela George (Conditional)
6717 Markwood Dr N — Millia Saade/A. Sanouri (Conditional)
3230-3236 Nevada Ave N — Heide and Thomas Coyle (Conditional)
5756 Nevada Ave N — R J Mathieu ETAL (Conditional)
3025 Virginia Ave N — Ginger Plumbo
4408 Yates Ave N — Ryan Hardy (Conditional)
6324 31St Ave N — SV R E Holdings-Indep LLC (Conditional)
68015 1 PI N — Donald and Marlene Bodin
6910-6940 54th Ave N — Kentucky Lane (Conditional)
7608 59th Ave N — David and Susan Thomas (Conditional)
TREE TRIMMER
Arbor Design Tree Service P O Box 290298 Brooklyn Center, MN 55429
Breiwick Companies 11681 E Laketowne Dr Alberville, MN 55301
I of 1 4/17/2009
Payee
IRS
PERA
West Metro Fire -Rescue Dist
GAB.ndnNAcm P.yab1e\CJk5 over I 5,000..k
DATE: April 16, 2009
TO: Anne Norris, City Manager
City of Crystal City Council
FROM: Charlie Hansen, Finance Director
RE: Expenditures over $15,000
Description
CH
Social Security/Medicare - Federal Tax W/H P/R 04/03/09
PERA P/R 04/03/09 Employee/City Contributions
April Fire Budget Allocations
Amount
38,709.85
46,378.39
91,784.94
176,873.18
CITY OF CRYSTAL 11 ENGINEERING DEPARTMENT
DATE: April 16, 2009
TO: Tom Mathisen, Public Works Director
FROM: Mick Cyert, Project Manage
o)
SUBJECT: 2009 Street Striping Maintenance, Project 2009 -02
Three contractors were invited to submit quotes for this year's Street Striping
Maintenance work, Project 2009-02, all three responded. The low quote was submitted
by Century Fence Company. Based on unit prices quoted by Century Fence and the
estimated quantities of work to be performed this year's Street Striping work will total
$13,520.22, (subject to the actual quantities of work delivered). Approximately $2000.00
of the contract amount will be for work associated with the City's 2009 seal coat project.
Century Fence Company has worked for the city on previous striping projects and most
recently in 2008. They have delivered quality workmanship, in a timely manor and have
fulfilled their contractual obligations. Their quote of $13,520.22 is within the budgeted
amount for this years striping maintenance and is less than our engineers estimated of
$13,867.15. 1 recommend our acceptance of their quote.
1:\PUBWORK5\PROJEGTSkSTRIPINGXO9X09MEMOTOMQUOTES.DOC
Crystal City Council
Meeting Packet
April 21 2009
The Council will receive public comment and consider the
following public hearing items:
2. Phase 10 Welcome Park Street Project #2008-10
Assessment Roll
COUNCIL STAFF REPORT
CITY. �f
Twin
Project
Oak Pond Public Hearing #2007-20
RYSTAL
; ci
FROM: Tom Mathisen, Public Works Director & City Engineer
TO: Anne Norris, City Manager (for April 7 City Council Meeting)
Amnon -. M
RE: Conduct Public Hearing For Twin Oak Pond Project
Attached is a copy of the information sent to property owners regarding the Twin
Oak Pond public hearing. As a reminder to the Council, this hearing is a
requirement of the MN Public Facilities Authority in order to apply for the green
infrastructure grants and loans associated with the federal government stimulus
dollars.
A brief presentation about the project will be made at the hearing and then the
public can be asked to make comments and ask questions.
No action further is required by the Council at the hearing.
jRespec
, ull s mitted,
omas Mathisen
City Engineer/DPW
1:/pubworks/projects/2007/Twin0akPond/publichearingmem2
4141 Douglas Drive North - Crystal, Minnesota 55422-1696
CITY of Tel: (763) 531-1000 - Fax: (763) 531-1188 - www.ci.crystal-rnn.us
CRYSTAL
To:
From:
Subject:
Date:
Property Owners in Vicinity of Twin Oak Park
Tom Mathisen, Crystal City Engineer
Proposed Water Quality Pond and Trail
Many of you have noticed the demolition of the four 4-plexes that fronted on Bass Lake
Road and backed up to the north side of Twin Oak Park. This work was accomplished
by the Crystal Economic Development Authority (CEDA). That land is now available for
other uses. It could be resold for new single or multi -family development, or it could be
kept for an open space use.
The Crystal City Council is proposing to combine the former 4-plex properties with a
portion of the northerly part of Twin Oak Park for use as a water quality treatment pond
with a walking trail. A large diameter storm drain pipe beneath Bass Lake Road
currently discharges untreated stormwater runoff directly to the Twin Lakes chain. The
proposed pond would provide phosphorous and sediment removal treatment prior to the
runoff entering the lake.
The attached drawing shows the proposed layout of the pond. And the attached
hearing notice is to notify you of a meeting on the pond topic at City Hall on Tuesday,
April 21, at 7 p.m.
Please attend if you have interest. Or contact me at 763-531-1160 or
tmathisen(cD-ci.crystal.mn.us.
Sincerely,
rMal
,A
To at isen
City Engineer/Director of Public Works
1:/pubworks/projects/2007/Twin0akPond/pubhearnoticemem
NOTICE OF PUBLIC HEARING REGARDING
CONSTUCTION OF TWIN OAK POND
PROJECT #2007-20
5111- 521156 TI AVENUE NORTH (BASS LADE ROAD) AND TWIN OAK PARK
NOTICE IS HEREBY GIVEN that the Crystal City Council will meet on Tuesday, April 21, 2009, at
7:00 p.m. or as soon thereafter as the matter may be heard, at Crystal City Hall, 4141 Douglas Drive
North, in said City, to consider the following:
Construction of Pond for Storm Water Quality Treatment
® Property Location: Former location of four four-plexes and north portion of Twin Oak
Park.
e Type of Work: Constriction of water quality pond for treatment of surface stone water
runoff prior to discharge to Upper Twin Lake.
® Description of Project: Diversion of first flush flow from Bass Lake Road stone sewer
pipe, to pond for treatment for sediment, phosphorous, and floatables removal. Includes
trail, landscaping, and wildlife habitat.
The preliminary pond design materials will be available for public review at Crystal City Hall on or
about April 13, 2009. If you have questions or would like additional infonnation about this application,
you may visit Crystal City Hall at 4141 Douglas Drive North or contact City Engineer Torn Mathisen at
763-531-1160 or tmathisen@ci.crystal.mn.us.
Persons desiring to be heard on this matter are invited and encouraged to attend the public Bearing.
Persons unable to attend may submit written comments prior to the date of the hearing to: Engineering
Department, City of Crystal, 4141 Douglas Dr N, Crystal MN 55422.
Auxiliary aids for handicap persons are available upon request at least 96 hours in advance. Please call
the City Clerk at 763-531-1000 to make arrangements. Deaf and Hard of Hearing callers should contact
the Minnesota Relay Service at 800-627-3529 V/TTY or call 711 to be connected to a TTY.
CRYSTAL CITY COUNCIL
(Notice area 350 foot radius from project location)
1: pubworks/prof ects/2007/Twin OakPond/Publ icHeari ngnoti ce
Figure 2. Crystal Twin Oak Pond conceptual design.
U-- ^
Plttb4ic. f�����/��
. -�
CITY OF CRYSTAL, MINNESOTA -
NOTICE OF HEARING ON PROPOSED ASSESSMENTS FOR
2009 PHASE 10 WELCOME PARK STREET PROJECT #2008— 10
Notice is hereby given that the City Council of Crystal, Minnesota, will meet in the City Hall, located at
4141 Douglas Drive North, on the 21 st day of April 2009, at 7:00 P.M. to consider and possibly adopt the proposed
assessments for the 2O0Q-Phaae10Welcome Park Street Project horetoforoordmredbvtheCityCounci|.
Adoption bythe Council nfthe proposed assessment may occur atthe hearing.
The proposed assessment roll is on file with the City Clerk and open to public inspection.
The area proposed to be assessed is the property abutting streets in the Welcome Park neighborhood
bounded nnthe north bvthe Canadian Pacific Railroad between West Broadway and Douglas Drive; onthe west
by Douglas Drive between the Canadian Pacific Railroad and 42 nd Avenue; on the south by 42 nd Avenue between
Douglas Drive and Vera Cruz Avenue; and onthe east bythe first tier oflots east ofVera Cruz Avenue between
42nu m Avenue and 47 AvenueandVVoetBrnodwaybetwaon47 m Avenue and the Canadian Pacific Railroad; and
bounded inthe Broadway neighborhood onthe nodmhby58 Avenue; onthe west bythe first tier oflots west of
Sumter Avenue between 58 th Avenue and Bass Lake Road; on the south by Bass Lake Road; and on the east by
the first mrattierof|otoeastofGumbarAxenuebebwm�n�8 Avenue and Bass Lake Road, all pursuant toMinnesota
Statutes, Sections 429.011 to 429.111. The work includes Qnsve| base, concrete curb and gutter, drain ti|m, sanitary
sewer, water main, storm sewer, rain gardens, bituminous surfacing construction, and restoration.
The total amount proposed tobeassessed ks$4.21U.O83.
Written or oral objections by any owner of property to be assessed will be considered at the hearing.
Noappeal may be taken as to the amount of any assessment adopted by the City Council unless written
objection signed by the affected property owner is filed with the Clerk prior to the assessment hearing or presented
to the presiding officer at the hearing. All objections to the assessments not received at the assessment hearing in
the manner prescribed by Minnesota 8tatuten, Section 420.001 are waived, unless the failure to object atthe
assessment hearing iodue toareasonable cause.
An owner of property to be assessed may appeal the assessment to the district court of Hennepin County
pursuant to Minnesota Statutes, Section 429.081 by serving notice of the appeal upon the Mayor or City Clerk of
the City within 30 days after the adoption of the assessment and filing such notice with the district court within ten
days after service upon the Mayor orCity Clerk.
Under the provisions of Minnesota Statutes, Sections 435.193 to 435.195, the City may, at its discretion,
defer the payment nfassessments for any homestead property owned bvoperson O5years ofage nrolder orfor a
disabled person for whom it would be a hardship to make the payments and who has a gross annual income of
$27,500 to $51,800 (2008 figures, subject to change) adjusted for family size. Complete details of deferment
procedures and related interest charges are available from the undersigned.
The notice of this hearing mailed to property owners contains additional information.
DATED: March 17.2O0O
BYORDER 0FTHE CITY COUNCIL City ofCrystal
Published in Sun Post April 2, 2009.
RESOLUTION NO. 2009 -
ADOPTING ASSESSMENT ROLL PROJECT #2008-10 PHASE 10
WELCOME PARK NEIGHBORHOOD STREET RECONSTRUCTION
WHEREAS, pursuant to proper notice duly given as required by law, the Council
has met and heard and passed upon all objections to the proposed assessment for the
Phase 10 Welcome Park Neighborhood Street Reconstruction Project #2008-10.
BE IT RESOLVED by the City Council of the City of Crystal, Minnesota, as
follows:
1. Such proposed assessment, a copy of which is on file in the office of the City Clerk, is
hereby accepted and shall constitute the special assessment against the lands named
therein, and each tract of land therein included is hereby found to be benefited by the
proposed improvement in the amount of the assessment levied against it.
2. Such assessment shall be payable in equal principal instalhnents extending over a
period of 20 years, the first of the installments to be payable on or before the first
Monday in January, 2010, and shall bear interest at the rate of 6.0 percent per annum
from the date of adoption of this assessment resolution until December 31, 2010. To
each subsequent installment when due shall be added interest for one year on all
unpaid installments.
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,
or make partial payment as provided by City Ordinance, with no interest accrued if
the entire assessment is paid or on that principle portion paid within 30 days from the
adoption of this resolution (end of business on May 21, 2009); and the owners may, at
any time thereafter, pay to the City Treasurer the entire amount of the assessment
remaining unpaid, with interest accrued to December 31 of the year in which such
payment is made. Such payment must be made by end of business on November 16
or interest will be charged through December 31 of the next succeeding year.
4. The Clerk shall forthwith transmit a certified duplicate of this assessment to the
County Auditor to be extended on the property tax lists of the County. Such
assessments shall be collected and paid over in the same manner as other municipal
taxes.
Adopted by the Council this 21 st day of April 2009.
ReNae J. Bowman, Mayor
ATTEST:
Janet Lewis, City Clerk
i 1puhworks/projects/phase10/asmntadptres
Pup",
Edward A. Johnson
4355 Xenia Ave No.
Crystal Minnesota 55422
To whom it may concern:
This letter is being presented to the city of crystal as proof of my objection to the
cost of upcoming street assessment of property at 4355 Xenia Ave No.
After my experience with the alley this last year at an unbelievable cost of $1160. For this
property, in which the alley now floods my yard each and every rain storm. Due to the
storm drain goes nowhere(the pipe actually only goes ten feet under my neighbors land
and dead ends- we spook with the worker who installed it) I had two independent
estimates of the same footage of concrete and both came hundreds less then the inflated
price governments paid, not only did you over pay buy thousands and thousands, the job is
not done correctly.(I invite each of you to come see the butcher job your last assessment
made for us(not to mention the gang activity problem we now have in that alley)
I believe the government is being taken advantage of by contractors and the bidding
process. In these trying times as our neighborhoods are being foreclosed on, our taxes are
sky high(which should cover the cost of street maintenance) these unreasonable
assessments are an undue hardship on the people of Crystal.
This is official notice that any and all assessments will be appealed, this project if
properly bid out would cost much less then now projected. I alsobelieve that after this
project is completed I will find streets to be falling apart within one year of completion.
As:did our property in Golden Valley, the contractor did less then quality work and the
street did not last one year. Who is going to pay for the repair then?
So,I ask you can you afford $6517.50 ? Can your elderly mother afford it? Can the
single mother afford it?
Who is paying for the foreclosed properties?
Who is paying for EDA owned properties?
How do you know you are getting the lowest cost contractor?
Is that contactor qualified?
Is there a warranty to the streets? and the lawns they rip up during construction?
I do not believe you have researched any of these issues, and are just giving bids to the
contactors whom you've done business in the past.
It is a well documented fact that governments overpay for projects, items and services.
You are overpaying at our expense. This type of government abuse should no longer be
tolerated.
Thank you
Edward. A. Johnson
435'5Xeriia-AveNo.
Crystal-MN'55422 ^
re c,
PLA�6 I)'(,
Janet Lewis
� -
From:
Sem Thursday, April 16, 2009 3:29 PM
To: naneobowmen@oonlcaot. et; Janet Lewis; mrkhoffmanconn;/anUosjr@am/.comn;
Imoorel33@comcast.net; ontwinlakes@msn.com; garyagrimes@comcast.net
Cc: cattyboo@comcast.net
Subject: Phase 10 Welcome Park Street Project #2009 - 10
Dear City ofCrystal Council:
My name is Carolyn E. Cooper and I reside at 4641 Xenia Ave N., Crystal MN 55422. |amone ofthe homeowners who
will be affected by the Welcome Park Street Project #2008 — 10.
I would like to ask that when voting on this assessment, PLEASE take into consideration the people in the neighborhood
who could beseverely financially hurt bvthis assessment. |nthis economic climate, | myself anostruggling with every
penny that | have tokeep from going bankrupt orinto foreclosure. | feel like |onnstretching every dollar that |make,
and | honestly cannot take nnadditional financial.
With the value ofmyhome going down by at least 6% for taxes payable in2010,|emlosing equity and the ability to
borrow against my home.
I am terrified that if this assessment is billed against my taxes and causes my mortgage payment to be raised, | will not
be able to meet my monthly financial obligations.
So|'just urge you toPLEASE consider where the economy bright now, the number ofpeople who have fallen into
bankruptcy and/or foreclosure, and consider not adopting the proposed assessments for the 2009 — Phase 10 Welcome
Park Street Project.
Thank you for your consideration.
Ci Ci Cooper I Business Analyst - Big G - Walmart* I General Mills
One General Mills Blvd. IMinneapolis |MN15542G1
7637O43A841Fax: 76376439841
URL: www.generalmills.com IEmai|:
LIVE WELL -LAUGH OFTEN
^Wig
C.mystal City Council
Meeting Packet
April 21, 2009
V1. REGULAR AGENDA
1. The Council will consider civil penalties for the violation of
ordinances and laws relating to the illegal sale of alcohol to
underage persons by the following license holders:
• Red Dragon Liquors, 5924 West Broadway
® Crystal Wine & Spirits, 4920 West Broadway
® Doyle's Bowling & Lounge, 5000 West Broadway
2. The Council will consider the First Reading of an ordinance
relating to vacant property registration.
3. The Council will consider a sign variance at 7700 — 36th
Ave N
(Winnetka Village apartments).
4. The Council will consider resolutions awarding Phase 10
Construction Contract and Geotechnical Consultant Contract.
5. The Council will consider 2009 Alley Project Feasibility Study and
ordering a public hearing for the project.
6. The Council will consider ordering a public hearing on proposed
amendments to Sections 2.04 and 6.05 of the Home Rule City
Charter.
COUNCIL STAFF REPORT
1,CITYWI,
Regular Agenda: Civil penalties for failed compliance checks
(CRYSTAL
- " ci
FROM: Janet Lewis, City Clerk 1,/
I IN 1_ 9 �IT
. • IjEwwollm
TO: Mayor and Council Members
City Manager
CC: City Attorney
The City conducts compliance checks for businesses that have liquor licenses, as
mandated by law, to ensure that businesses have policies and procedures in place to
prevent the sale of these products to underage persons.
In the event a business fails a compliance check, the City has a policy to take action
against the licensee for the violation of ordinances and laws relating to the illegal
sale of alcohol and tobacco to underage persons. The policy is outlined in Resolution
2002-75 which includes sanctions for violations.
Three business failed compliance checks on Thursday, December 4, 2008:
® Red Dragon Liquors, 5924 West Broadway (FIRST VIOLATION)
Crystal Wine & Spirits, 4920 West Broadway (FIRST VIOLATION; submitted
letter admitting violation)
® Doyle's Bowling & Lounge, 5000 West Broadway (FIRST VIOLATION)
Before action is taken by the Council, the license holder must admit the violation in-
person or in -writing. Failure to appear before the Council is deemed to have admitted
the violation.
Council Action Requested
Recommend imposing sanctions as outlined in Resolution 2002-75:
A) 1 -day license suspension with the city clerk determining the suspension
date in May; and
13) $750 fine due by May 7. Failure to submit payment to the City by May 7
constitutes immediate license revocation until the fine is paid in full.
1AADMINUCENSINMApplication Forms\Liquor\Memos to Council\Council Staff Report Form Lewis-4.21.09.doc
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February 26, 2009
OFFICE OF THE CITY CLERK
4141 Douglas Drive North
Crystal, MN 55422-1696
Phone: 763-531-1000 fax: 763-531-1188
internet: w-w-w.ci.crystal.mn.us
Red Dragon Liquors
Attention: Santokh Bit Singh
5924 West Broadway
Crystal, MN 55428
The Crystal City Council will meet on the following date to consider whether action should be taken against
your license as a result of alleged violation of state laws and city ordinances. Tlae alleged violation consists of
the illegal sale of alcohol to an underage person, which occurred on or about December 4, 2008.
The meeting date has been set on:
Date: Tuesday, April 21, 2009
Time: 7:00 P.M.
Location: Crystal City Hall
Council Chambers
4141 Douglas Drive North
Crystal, ND4 55422
You are notified that you have the right to appear at the Council meeting on April 21, 2009. At the meeting
you may admit or deny the violation. If you admit the violation, you waive your right to a hearing but will be
allowed to explain any mitigating circumstances. The Council may impose sanctions in accordance with City
Council Resolution No. 2002-75 (see attachment).
If you deny the violation, you may request a hearing. The City Council may at its option hold the
hearing immediately, or may refer the matter to a hearing conducted by another person or body at a later date.
Any hearing will be conducted in accordance with the procedures in the Minnesota Administrative
Procedures Act, Minnesota Statutes Section 14.57 to 14.69.
If you do not appear at the April 21, 2009 Council Meeting, you will be deemed to have admitted the
violation and to have waived your right to a hearing, and the City Council may impose sanctions in
accordance with City Council Resolution No. 2002-75. At any time before the meeting, you may agree to any
sanction without a hearing by providing the City Manager a written waiver and acceptance of sanction. Any
such agreement is subject to approval by the City Council.
Dated: February 26, 2009
Janet Le City Clerk
1:\ADMIN\LICF-NSING\Applicadon Forms\Liquor\Violadon Repom\Red DmgonjcttcrJ2.26.09.doC
February 26, 2009
OFFICE OF THE CITY CLERK
4141 Douglas Drive North
Crystal, NIN 55422-1696
Phone: 763-531-1000 fax: 763-531-1188
internet: www.ci.crystal.rnn.us
Crystal Wine & Spirits
Attention: Xia Yang or Vang Kou
4920 West Broadway
Crystal, MN 55429
The Crystal City Council will meet on the following date to consider whether action should be taken against
your license as a result of alleged violation of state laws and city ordinances. The alleged violation consists of
the illegal sale of alcohol to an underage person, which occurred on or about December 4, 2008.
The meeting date has been set on:
Date: Tuesday, April 21, 2009
Time: 7:00 P.M.
Location: Crystal City Hall
Council Chambers
4141 Douglas Drive North
Crystal, MN 55422
You are notified that you have the right to appear at the Council meeting on April 21, 2009. At the meeting
you may admit or deny the violation. If you admit the violation, you waive your right to a hearing but will be
allowed to explain any mitigating circumstances. The Council may impose sanctions in accordance with City
Council Resolution No. 2002-75 (see attachment).
If you deny the violation, you may request a hearing. The City Council may at its option hold the
hearing immediately, or may refer the matter to a hearing conducted by another person or body at a later date.
Any hearing will be conducted in accordance with the procedures in the Minnesota Administrative
Procedures Act, Minnesota Statutes Section 14.57 to 14.69.
If you do not appear at the April 21, 2009 Council Meeting, you will be deemed to have admitted the
violation and to have waived your right to a hearing, and the City Council may impose sanctions in
accordance with City Council Resolution No. 2002-75. At any time before the meeting, you may agree to any
sanction without a hearing by providing the City Manager a written waiver and acceptance of sanction. Any
such agreement is subject to approval by the City Council.
Dated: February 26, 2009
Janet Lewis, ' Clerk
I:\ADMIN\LICENSING\Applicarion Forms\Liquor\Violadon Reports\Crysnd wine and spirits_letter_02.26.09.doc
Crystal Wine & Spirits
4920 W Broadway Avenue
Crystal, NIN 55429
763-537-5945
March 8, 2009
Dear Crystal City Council,
I am admitting that my nephew sold Crystal Wine & Spirits' alcohol to a minor on
December 4, 2008. 1 am sorry I can not attend the meeting on April 21, 2009.
Sincerely,
Xia Yang
February 26, 2009
OFFICE OF THE CITY CLERK
4141 Douglas Drive North
Crystal, MN 55422-1696 - --- ----
Phone: 763-531-1000 fax: 763-531-1188
internet: www.ci.crystal.nin.us
Doyle's Bowling & Lounge
Attention: Rita Gardner
5000 West Broadway
Crystal, MN 55429
The Crystal City Council will meet on the following date to consider whether action should be taken against
your license as a result of alleged violation of state laws and city ordinances. The alleged violation consists of
the illegal sale of alcohol to an underage person, wl-dch occurred on or about December 4, 2008.
The meeting date has been set on:
Date: Tuesday, April 21, 2009
Time: 7:00 P.M.
Location: Crystal City Hall
Council Chambers
4141 Douglas Drive North
Crystal, MN 55422
You are notified that you have the right to appear at the Council meeting on April 21, 2009. At the meeting
you may admit or deny the violation. If you admit the violation, you waive your right to a hearing but will be
allowed to explain any mitigating circumstances. The Council may impose sanctions in accordance with City
Council Resolution No. 2002-75 (see attachment).
If you deny the violation, you may request a hearing. The City Council may at its option hold the
hearing immediately, or may refer the matter to a hearing conducted by another person or body at a later date.
Any hearing will be conducted in accordance with die procedures in the Minnesota Administrative
Procedures Act, Minnesota Statutes Section 14.57 to 14.69.
If you do not appear at the April 21, 2009 Council Meeting, you will be deemed to have admitted the
violation and to have waived your right to a hearing, and the City Council may impose sanctions in
accordance with City Council Resolution No. 2002-75. At any time before the meeting, you may agree to any
sanction without a hearing by providing the City Manager a written waiver and acceptance of sanction. Any
such agreement is subject to approval by the City Council.
Dated: February 26, 2009
Janet Le/s, City Clerk
1AADM1N\L10ENS1NG\App1ica6on Fo=s\Liquor\Viola6on Repom\Doy1uJctterJ2.26.09.doc
RESOLUTION NO. 2002- 75
RESOLUTION SPECIFYING RECOMMENDED SANCTIONS AGAINST LICENSEES
FOR VIOLATION OF ORDINANCES AND LAWS RELATING TO INTOXICATING
LIQUOR AND 3.2 %MALT LIQUOR; AMENDING RESOLUTION NO. 2001-99
RECITALS
A. The City Council approved Resolution No. 2000-14 on February 1, 2000. That
resolution specified recommended sanctions against holders of on sale and off sale liquor
licenses in the City for violation of City ordinances and state law.
B. The Council amended Resolution No. 2000-14 by Resolution No. 2001-99
approved September 25, 2001, to revise the method by which subsequent violations are
calculated for the purposes of determining the recommended sanction.
C. The Council has determined to modify Resolution No. 2001-99 to further revise
the method by which subsequent violations are calculated for the purposes of determining the
recommended sanction. -
D. This resolution amends and supersedes in all respects Resolution Nos. 2000-14
and 2001-99.
BE IT RESOLVED that it is the policy of the City Council of the City of Crystal as follows:
I. BACKGROUNDSTATVMENT
The City of Crystal annually issues a number of licenses permitting the sale of
intoxicating liquor, wine, and 3.2 % mait' liquor within the City. The conduct of the licensed
activity is governed by the provisions of Chapter XII of the, City Code. Although the provisions
of that chapter describe in a general way what is expected of licensees in the proper conduct of
the licensed activity, the City Council would like licensees to have a more specific understanding
of the kinds of conduct that may subject their licenses to discipline and the scope and nature of
the discipline that may be imposed as a result.
The levels of discipline described in this resolution will be imposed only in accordance
with the applicable provisions of law. Taking action under this resolution does not preclude the
City of Crystal from seeking other criminal, equitable, or legal remedies for the conduct
described in this resolution or any other conduct in violation of any applicable ordinances, laws
or rules.
SJB-216655v1
CR205-30
Resolution 2002-75
11. PRESUMPTIVE REVOCATION
The Council will revoke a license on the first violation for the following types of
offenses:
® Commission of a felony related to the licensed activity
® Sale of alcoholic beverages while a license is under suspension.
III. OTHER PRESUMPTIVE SANCTIONS
The following violations are subject to the sanctions described below:
* Sale to a minor;
* Sale after or before hours;
Consumption after hours;
Illegal gambling, prostitution, adult entertainment on premises;
Sale to obviously intoxicated person;
Sale of liquor that is not permitted by the license;
Licensee fails to cooperate fully with police in investigating illegal acts upon licensed
premises
1" Violation
2nd Violation
3' Violation
4 Violation
$750 plus
I day suspension
$1,500 plus
3 days suspension
$2,000 plus
10 days suspension
Revocation
If a second violation by the same license holder occurs outside of two years of the date of the
first violation, it will be considered a first violation. If a third violation by the same license
holder occurs outside of three years of the date of the second violation, it will be considered a
second violation. If a fourth violation by the same license holder occurs outside of three years of
the date of the third violation, it will be considered a third violation.
In all cases, the Council may select which days a suspension will be served. Other mandatory
requirements may be made of the establishment, including but not limited to, meetings with the
Police Department staff to present a plan of action to assure that the problem will not continue,
mandatory education sessions with Crime Prevention staff, or other actions that the City Council
deems appropriate.
IV. PROCEDURE
The City Council retains the right to modify the provisions of this resolution from time to time
and to impose penalties greater or lesser than those contained herein (to the extent permitted by
law) when, in the judgment of the Council, it is appropriate to do so.
Prior to imposing any monetary penalty or license suspension or revocation, the City Council
will set an initial appearance at which the licensee must appear before the City Council to admit
PJC-173942vl 2
CR205-30
Resolution 2002-75
or deny the violation. The City will provide written notice of the appearance to the licensee at
least ten days before the appearance, stating the time and place, the alleged violation, and the
licensee's opportunity to request a hearing.
If the licensee admits the violation, the licensee thereby waives its right to a hearing, but will be
allowed to explain any mitigating circumstance. If the licensee denies the violation, it may
request a hearing. The Council may at its option hold the hearing immediately, or may refer the
matter to a hearing conducted by another person or body.
If a licensee fails to request a hearing at or before the initial appearance, or fails to appear, the
licensee will be deemed to have admitted the violation and to have waived its right to a hearing;
the City Council may then impose sanctions as provided in this resolution. A licensee may also
agree to any sanction without a hearing by providing the City Manager with a written hearing
0
waiver and acceptance of the sanction.
V. DISTRIBUTION
City staff are directed to provide copies of this resolution to all existing license holders, and to
applicants for all new licenses.
Passed by the City Council of the City of Crystal this 20'h day of August, 2002.
KAMM
ad L&61,16
Jaffct Lewis, City Clerk
PJC -173942v1
CR205-30
COUNCIL STAFF REPORT
First Reading of Proposed Ordinance to Regulate
11dRYSTAL
Vacant Buildings
#2
FROM: Patrick A. Peters, Community Development Director,
TO: Anne Norris, City Manager (for April 21, 2009 City Council Meeting)
DATE: April 13, 2009
RE: Consider first reading of Vacant Building Registration ordinance
Background
At its February 17 work session, staff provided the City Council with a brief overview of
the purpose and intent for a new ordinance to regulate vacant buildings through annual
registration. A draft of the proposed ordinance was prepared and discussed at the April
7 Council work session. The City Attorney has reviewed the proposed ordinance for
form and scope.
Overview
Vacant buildings, if not properly monitored and maintained, can become nuisances and
impose a blighting influence on neighborhoods. Neglect and the potential use of vacant
buildings by transients and trespassers create a risk of structural damage, fire,
explosion or flooding. Properties with vacant buildings often are used as dumping
grounds and may become overgrown. Vacant buildings reduce property values and set
low expectations for community standards. Vacant, unkempt buildings are a source of
irritation for residents who take care of their property and an important consideration for
those contemplating purchasing a home in Crystal.
The impacts of vacant buildings on surrounding properties, entire neighborhoods and
the community are significant and ultimately result in higher levels of management of
such properties. Foreclosed homes, for example, may be vacant for months or years,
becoming targets for vandalism, illegal dumping, health and safety hazards, and
general nuisances. There is a substantial, on-going cost to the city for monitoring and
responding to reports related to vacant buildings. City staff members have successfully
resolved issues at vacant properties with nuisance conditions (lack of maintenance,
accumulation of junk and debris, unsecured, etc.), but this level of enforcement activity
consumes a significant amount of staff time and city resources. In 2008 alone, staff
abated nuisance conditions at 57 properties, nearly all of which were vacant and/or
abandoned.
G:Wacant Properties\2009-04-21 First Reading Memo.doc
It is staff's position that the costs associated with monitoring vacant buildings and
responding to citizen reports should not be borne by the general taxpayers of the
community but by those who choose to leave their buildings vacant. As such, staff is
proposing that the Council consider first reading of the proposed vacant building
registration ordinance at its April 21 meeting.
Field Survey of Vacant Buildings
Staff has compiled from various sources a list of 334 vacant buildings in Crystal, 98% of
which are residential. On Friday, April 3, the city's housing inspector conducted a field
survey of a sampling of these properties to determine the accuracy of the data. The
results of that survey suggest that there may be 170-200 vacant residential properties in
the city. The list of vacant buildings compiled by staff will form the basis for making
initial contact with the property owners upon adoption of the ordinance and creates a
baseline for measuring change over the coming months and years, if necessary.
Proposed Ordinance
The proposed ordinance is intended to protect the public health, safety, and general
welfare by establishing a program for the identification and registration of vacant
buildings within the city. The ordinance would determine the responsibilities of owners
of vacant buildings and provide for program administration, enforcement and
associated penalties. Key elements of the proposed ordinance are:
A. Owner must register a vacant building within 30 days of it becoming vacant. An
annual fee would be paid for this registration.
B. Owner must pay an annual registration fee reasonably related to the
administrative costs of registering and processing the registration form and for
the city's costs for monitoring the vacant building and site.
C. If the property is abandoned or the owner/responsible party fails to register, the
ordinance provides that the city may register the property administratively.
D. A property plan would be required with each registered property that includes a
timetable for use or demolition and a timetable for bringing property into
compliance with applicable codes.
E. The property plan must address methods for maintaining appearance, securing
of the property, fire safety, water shut-off, termination of utilities, sign removal,
exterior maintenance, maintenance of alarm systems, etc.
F. The ordinance would provide the city with the authority to inspect any vacant
building for the purpose of enforcing and assuring compliance with the property
maintenance code and other applicable regulations. Upon request of the
compliance officer, the owner must provide access to all interior portions of the
building and the exterior for inspection purposes.
G. If the owner does not comply with the property plan or fails to maintain the
property or correct nuisance items, the city may commence abatement action
and recover all associated costs.
G:Wacant Properties\2009-04-21 First Reading Merno.doc
H. If a building has remained vacant for more than 12 months consecutively, and
the compliance officer has not approved an alternate schedule in the property
plan, the ordinance grants authority to the city to order the owner to demolish the
building. If the owner does not demolish the building, the city may commence
abatement and cost recovery proceedings.
Fees
The annual registration fee is to be based on the anticipated level of effort necessary to
prevent a vacant building from becoming a nuisance. This includes time devoted to field
inspections, code enforcement activities (e.g., tracking, investigation, documentation,
etc.), and all costs related to ordinance administration and fee collection.
Fees for the registration of vacant properties vary considerably across the metro.
However, it is clear that the fee must reasonably be related to staff time and level of
effort; as such, staff recommends that Council consider establishing a flat registration
fee of $500 per year for each property with a vacant building, with no increases for
continuous vacancy and no distinction for level and frequency of code violations.
Staff's opinion is that it is difficult to impose a steeper fee based on an unsubstantiated
claim that a building that is vacant beyond the initial 12 -month registration period
requires additional time and effort to ensure its upkeep by the owner. Staff also feels
that it is difficult to justify a higher fee in anticipation that properties with a history of on-
going code violations will maintain a high frequency of reported violations, when in fact
the intent of the registration process is to reduce or eliminate the number of code
violations overall. Finally, the purpose of the proposed ordinance is not to be punitive
but, rather, to ensure the maintenance of vacant properties by the owners of record.
Therefore, where enforcement actions are necessary, the city will rely upon its
administrative enforcement program to issue citations and impose fines.
Recommendation
Staff recommends that the City Council consider the first reading of the proposed
vacant building registration ordinance at its meeting on April 21, 2009.
G:Wacant Properties\2009-04-21 First Reading Memo.doc
ORDINANCE #2009 -
AN ORDINANCE RELATING TO REGISTRATION AND
REGULATION OF VACANT BUILDINGS
AMENDING CITY CODE CHAPTER 400
The City of Crystal Does Ordain:
Crystal City Code Chapter 400 is hereby amended by adding a new section 435, Vacant Building
Registration, as follows:
Section 435 — Vacant Building Registration
435.01. Purpose and Findings. Subdivision 1. The Crystal city council is enacting this section to
help protect the public health, safety and welfare by establishing a program for the identification
and regulation of vacant buildings within the city. This section also determines the
responsibilities of owners of vacant buildings and provides for administration, enforcement, and
penalties associated with same.
Subd. 2. The city council finds that vacant buildings are a major cause and source of
blight in residential and non-residential neighborhoods, especially when the owner or responsible
party of the building fails to actively maintain and manage the building to ensure it does not
become a liability to the neighborhood. Vacant buildings often attract transients, homeless
people, trespassers and criminals, including drug abusers. Neglect of vacant buildings, as well as
use of vacant buildings by transients and criminals, creates a risk of fire, explosion or flooding
for the vacant building and adjacent properties. Vacant properties often are used as dumping
grounds for jiulk and debris and often are overgrown with weeds and grass. Vacant buildings that
are boarded to prevent entry by transients and other long-term vacancies discourage economic
development and retard appreciation of property values. There is a substantial cost to the City for
monitoring vacant buildings whether or not those buildings are boarded. This cost should not be
borne by the general taxpayers of the community; but, rather, these costs should be borne by
those who choose to leave their buildings vacant.
435.03. Definitions. For the purposes of this section, the terms defined in this subsection have
the meanings given them and shall apply in the interpretation and enforcement of this section.
"Abandoned Property" means property that the owner has surrendered, voluntarily relinquished,
disclaimed, or ceded all right, title, claim, and possession, with the intention of not reclaiming it
"Compliance Official" means the City Manager and the City Manager's designated agents
authorized to administer and enforce this section.
"Building" is any roofed structure used or intended for supporting or sheltering any use or
occupancy.
Page 1 of 8
"Owner" or "Property Owner" is the owner of record according to Hennepin County property tax
records; those identified as owner or owners on a vacant building registration form, a holder of
an unrecorded contract for deed, a mortgagee or vendee in possession, a mortgagor or vendor in
possession, an assignee of rents, a receiver, an executor, a trustee, a lessee, other person, firm or
corporation in control of the freehold of the premises or lesser estate therein. An owner also
means any person, partnership, association, corporation or fiduciary having a legal or equitable
title or any interest in the property or building. This includes any partner, officer or director of
any partnership, corporation, association or other legally constituted business entity. All owners
shall have joint and several obligations for compliance with the provisions of this section.
"Responsible party" is an owner, entity or person acting as an agent for the owner who has direct
or indirect control or authority over the building or real property upon which the building is
located; any party having a legal or equitable interest in the property. Responsible party may
include but is not limited to a realtor, service provider, mortgagor, leasing agent, management
company or similar person or entity.
"Vacant building" a building is vacant if no person or persons actually and currently conducts a
lawful business or lawfully resides or lives in any part of the building on a permanent,
nontransient basis in accordance with city of Crystal zoning regulations.
435.05. Vacant Building Registration. Subd. 1. Application. The owner or responsible party shall
register a vacant building with the city no later than thirty (30) days after the building becomes
vacant. The registration shall be submitted on a form provided by the city and shall include the
following information supplied by the owner:
a) The name, address, telephone number and email address, if applicable, of each owner
and each owner's representative;
b) The names, addresses, telephone numbers and email addresses, if applicable, of all
Icnown lien holders and all other parties with any legal interest in the building;
c) The name, address, telephone number and email address, if applicable, of a local
agent or person responsible for managing or maintaining the property;
d) The legal description, tax parcel identification number and street address of the
premises on which the building is situated;
e) A description of the premises, including the common address of the property;
f) The date the building became vacant, the period of time the building is expected to
remain vacant, and a property plan and timetable for returiing the building to
appropriate occupancy or use and correcting code violations and nuisances, or for
demolition of the building;
g) The status of water, sewer, natural gas and electric utilities.
Page 2 of 8
h) The owner shall notify the compliance official within thirty (30) days of changes in
any of the information supplied as part of the vacant building registration.
Subd. 2. Property. The property plan identified above in 435.05, Subd. 1 f) shall
meet the following requirements:
a) General provisions. The plan shall comply with all applicable regulations and meet
the approval of the compliance official. It shall contain a timetable regarding use or
demolition of the property. The plan shall be completed within 30 days after the
building is registered.
b) Maintenance of building. The plan shall identify the means and timetable for
addressing all maintenance and nuisance -related items identified in the application.
Any repairs, improvements or alterations to the property shall comply with building
code provisions and applicable city regulations.
c) Plan Changes. If the property plan or timetable for the vacant building is revised in
any way for any purpose, the revisions shall meet the approval of the compliance
official.
d) Demolition Required. If a building has remained vacant for a period of three hundred
and sixty-five (365) consecutive days, and the compliance official has not approved
an alternative schedule in the property plan, the city shall declare the building to be a
nuisance and direct the owner to demolish the building and restore the grounds. If the
owner does not demolish the building and thereby eliminate the nuisance conditions,
the City may commence abatement and cost recovery proceedings for the abatement
of the violation in accordance with section 425.25 of this code and Minnesota
Statutes, section 429.101.
Subd. 3. Non-compliance and Notification. If the owner does not comply with the
property plan, or maintain or correct nuisance violations, the City may commence abatement
and recover its costs for correction of those items in accordance with section 425.25 of this
code and Minnesota Statutes, section 429.101. In the case of an absent owner and ongoing
nuisance issues, the city need not provide notice of each abatement act to the owner. A single
notice by the City to the owner is determined to be sufficient notice that it intends to provide
ongoing abatement until the owner corrects the violations.
Subd. 4. Exemptions.
a) Fire Damage. A building that has suffered fire damage is exempt from the
registration requirement for a period of ninety (90) days after the date of the fire if the
owner submits a request for exemption in writing to the compliance official. An
exemption request for review by the compliance official shall include the following
information supplied by the owner:
i. A description of the premises;
Page 3 of 8
ii. The name and address of owner or owners;
iii. A statement of intent to repair and reoccupy the building in an expeditious
manner and the time frame for completion;
iv. Actions the owner will take to ensure the property does not become a nuisance
for the neighborhood.
b) Snowbirds. Those persons who leave their residential buildings on a temporary basis
for vacation purposes or to reside elsewhere during the winter season and have the
intent to return are exempt from the registration requirement. Requests for
"snowbird" exemption will be considered annually with proper verification.
Subd. 5. Fees. The owner shall pay an annual registration fee. The registration fee will be
in an amount adopted by resolution by the City Council. The amount of the registration fee shall
be reasonably related to the administrative costs for registering and processing the registration
form and for the costs of the City in monitoring the vacant building site. The fee shall be paid in
full prior to the issuance of any building permits or licenses, with the exception of a demolition
permit.
Subd. 6. Waiver of Fees. The city may waive the registration fee if the owner or
responsible party has paid all past due registration fees and all other financial obligations and
debts owed to the City that are associated with the vacant property and demonstrates, to the
satisfaction of the compliance official that:
a) The property is re -occupied, with the exception of demolition, within a period of time
deemed reasonable to the compliance official; and either
b) The owner or responsible party is in the process of demolition, rehabilitation, or other
substantial repair of the vacant building; or
c) The owner or responsible party has a plan for the demolition, rehabilitation, or other
substantial repair of the vacant building in a period of time that is deemed reasonable
to the compliance official.
Subd. 7. Assessment. If the registration fee or any portion is not paid within 60 days after
billing or within 60 days after any appeal becomes final, the City Council may certify the unpaid
fees against the property in accordance with Minnesota Statutes, section 429.101.
Subd. 8. Issuance of Permit. Upon completion of the registration process and payment of
the fee, the City will issue a Vacant Building Permit to the owner. The owner shall securely post
the permit on the vacant building on a side entrance door, where possible, that is not generally
visible from the public street. If no side entrance door is available, the permit shall be securely
posted on another available entrance door.
Page 4 of 8
Subd. 9. Failure to Register. If the property is abandoned or the owner or responsible
party fails to complete the registration process, the property will be administratively registered as
a vacant property.
435.10. Change of Ownership. A new owner(s) shall register or re -register a vacant building in
accordance with subsection 435.05 within fifteen (15) days of any transfer of an ownership
interest in a vacant building. The new owner(s) shall comply with the approved property plan
and timetable submitted by the previous owner. The owner or responsible part shall submit any
changes proposed to the property plan to the compliance official for review and approval.
435.15. Inspections. The compliance official may inspect any vacant building in the city for the
purpose of enforcing and assuring compliance with this section and other applicable regulations.
Upon the request of the compliance official, an owner or responsible party shall provide access
to all interior portions of the building and the exterior of the property in order to complete an
inspection. If the owner or responsible party is not available [or refuses?] to provide access to the
interior of the building, the city may use any legal means to gain entrance to the building for
inspection purposes. Prior to any re -occupancy, the owner or responsible party shall request an
inspection of the vacant building by the compliance official to determine compliance with
section 425 of this code and all other applicable regulations. All application and reinspection fees
also shall be paid prior to building occupancy.
435.20. Maintenance of Vacant Buildings. Subd. 1. The owner shall comply with and address the
following items in the property plan, as described in 435.05, subd. 2.:
a) Appearance. All vacant buildings shall be so maintained and kept that they appear to
be occupied.
b) Securing. All vacant buildings shall be secured from outside entry by unauthorized
persons or pests. Security shall be ensured by normal building amenities such as
windows and doors having adequate strength to resist intrusion. All doors and
windows shall remain locked. There shall be at least one operable door into every
building and into each dwelling unit. Exterior walls and roofs shall remain intact
without holes.
i. Architectural (Cosmetic) Structural Panels. Architectural structural panels
may be used to secure windows, doors and other openings provided they are
cut to fit the opening and match the characteristics of the building.
Architectural panels may be of exterior grade -finished plywood or Medium
Density Overlaid plywood (MDO) that is painted to snatch the building
exterior or covered with a reflective material such as plexi -glass to simulate
windows.
ii. Teinporary Securing. Untreated, exterior grade (CDX) plywood or similar
structural panels may be used to secure windows, doors and other openings
for a maximum period of 90 days.
Page 5 of 8
iii. "Artistic" board -up. With prior approval of the compliance official, artistic
options may be utilized to secure a vacant building.
iv. Emergency securing. The compliance official may take immediate steps to
secure a vacant building at his or her discretion in emergency circumstances.
c) Fire Safety.
i. Fire protection systems. Owners of non-residential vacant buildings shall
maintain all fire protection systems, appliances and assemblies in operating
condition and maintain underwriter laboratories (UL) monitoring of all systems.
ii. Removal of hazardous and combustible materials. The owner of any vacant
building, or vacant portion thereof, shall remove all hazardous material and
hazardous refuse that could constitute a fire hazard or contribute to the spread of
fire.
d) Plumbing fixtures. Plumbing fixtures connected to an approved water system, an
approved sewage system, or an approved natural gas utility system shall be installed
in accordance with applicable codes and be maintained in sound condition and good
repair or removed and the service tenninated in the manner prescribed by applicable
codes. The building's water systems shall be protected from freezing.
e) Electrical. Electrical service lines, wiring, outlets or fixtures not installed or
maintained in accordance with applicable codes shall be repaired, removed or the
electrical services terminated to the building in accordance with applicable codes.
f) Lighting. All exterior lighting fixtures shall be maintained in good repair, and
illumination shall be provided to the building and all waucways in the same manner as
provided at the time the building was last occupied or as otherwise provided in the
approved vacant building plan.
g) Heating. Heating facilities or heating equipment in vacant buildings shall be removed,
rendered inoperable, or maintained in accordance with applicable codes.
h) Termination of utilities. The compliance official may require that water, sewer,
electricity, or gas service to the vacant building be terminated or disconnected. Prior
to the termination of any utility service, the city will provide written notice to the
owner. No utility may be restored until consent is given by the compliance official.
Utilities may be discontinued at the request of the owner or responsible party as part
of the approved vacant building property plan. The compliance official may authorize
immediate termination of utilities at his or her discretion in emergency circumstances
and provide subsequent notice to the owner or responsible party.
i) Signs. Obsolete or unused exterior signs and installation hardware shall be removed.
Holes and penetrations shall be properly patched and painted to match the building.
Page 6 of 8
Surfaces beneath the signs that do not match the building shall be repaired,
resurfaced, painted or otherwise altered to be compatible with the building surfaces.
All signs shall be maintained in good condition and comply with the provisions of
section 405 of this code.
j) Exterior maintenance. The owner shall comply with all applicable property
maintenance regulations and city codes including, but not limited to, the following:
1) Nuisances. The owner shall eliminate any activity on the property that constitutes
a nuisance as defined by section 425, section 2005 and section 2010 of this code.
2) Grass and weeds. Any weeds or grass shall be maintained at a height of no greater
than eight (8) inches and in accordance with section 640.13 of this code.
3) Exterior structure maintenance. The owner shall maintain the vacant building in
compliance with section 425 as determined to be necessary by the code official.
4) Abandoned or junk vehicles. The owner shall keep the property free of unlicensed,
inoperable, abandoned or junked vehicles. The city may cause such vehicles to be
removed.
5) Storage and disposal of refuse. The storage and disposal of refuse shall comply
with the requirements of section 605 of this code.
6) Animals. The owner shall ensure that all animals, including domestic, exotic and
feral, are removed from the property and handled in a humane manner.
7) Diseased, dead or hazardous trees. The owner shall remove diseased, dead or
hazardous trees or branches from the property in accordance with section 2020 of
this code.
8) Graffiti. The owner shall remove all graffiti from the property in accordance with
section 430 of this code.
9) Abandoned pools. Swimming pools shall be covered and secured to prevent
accidental entry, treated to prevent pest harborage, and properly drained and
winterized.
k) Removal of garbage and refuse. The owner of any vacant building or vacant portion
thereof shall keep the building and property free of all garbage, refuse, litter, rubbish,
swill, filth, or other materials identified in section 605 of this code.
1) Police protection systems. All alarm systems in any vacant building or portion thereof
shall be maintained in operating condition.
in) Loitering, criminal activities. Loitering or engaging in criminal activities is prohibited
Page 7 of 8
in the vacant building or on the real property upon which the vacant building is
located. The owner or responsible party shall not allow these activities and shall take
immediate actions to eliminate these conditions upon notification by the city or upon
discovery.
n) Emergency Abatement. The compliance official may authorize immediate abatement
of any public nuisance or correction of any maintenance item if the compliance
official determines that conditions exist that present an imminent threat to the public
health and safety in accordance with section 425 of this code.
o) Other Codes. The property owner or responsible party shall comply with all other city
codes and applicable regulations.
435.25. No Occupancy or Trespass. No person may trespass, occupy or reside, on a temporary or
permanent basis, in any vacant building, registered or not, without the owner's consent.
435.30. Vandalism or Removal of Items Prohibited. No person may vandalize or remove items
from a vacant building or the property upon which it is located, including, but not limited to,
appliances, fixtures, electrical wiring, copper, or other similar items without the owner's consent.
435.35. Appeal. Any person or responsible party aggrieved by a decision rendered under section
435 may appeal to the City Council. The appeal shall made be in writing, shall specify the
grounds for the appeal, and shall be submitted to the City Manager within ten business days of
the decision that is basis of the appeal.
435.40. Penalties. Any person or responsible party who violates the provisions of section 435 is
subject to penalty as provided under section 306 of this code. Nothing in this section, however, is
deemed to impair other remedies or civil penalties available to the city tinder this code or state
law, including, but not limited to, Minnesota Statutes, sections 463.15 through 463.261.
Page 8 of 8
AW
COUNCIL STAFF REPORT
CITY" 36th ['c'lc��fysTAL Variance ® 7700 36 (Winnetka Village)
4
#3
FROM: John Sutter, City Planner/Assistant Community Development Director EV
DEPARTMENT HEAD REVIEW: Patrick Peters, Community Development Director
DATE: April 16, 2009
TO: Anne Norris, City Manager (for April 21, 2009 Council meeting)
SUBJECT: Consider a sign variance for 7700 - 36th Avenue North (Winnetka Village
Apartments)
A. BACKGROUND
The subject property contains three apartment buildings on 10.3 acres, with a total of
180 dwelling units.
The applicant uses temporary signs to inform passerby of available units. City code
allows one such sign at any time a unit is available, provided that it does not exceed 4
sq ft. City code also allows a temporary sign for up to six weeks within a 12 -month
period. The applicant has several temporary signs and wishes to leave them in place
without following the time limits for temporary signs.
Notice of the April 13, 2009 public hearing was mailed to all property owners within 350
feet of the subject property on or about April 3, 2009.
The Planning Commission held the public hearing on April 13, 2009. No public
comment was received other than that provided by the applicant.
The following Exhibits are attached:
A. 2006 aerial photos showing the property
B. Site sketch submitted by the applicant
C. Narrative submitted by applicant
D. Photos of the current signs submitted by applicant.
E. Summary and compilation of temporary sign regulations for apartments
F. City code excerpt and illustrative example of direction sign
B. STAFF COMMENTS
In order for a variance to be granted, state law requires that all three of the
following criteria be met:
PAGE 1 OF 3
The property in question cannot be put to a reasonable use if used as required by
the code.
The property can be put to reasonable use in compliance with city code.
City code allows for a single sign whenever a unit is available. City code
allows for an electronic reader board as part of a permanent sign. Multiple
temporary signs of the type being used by the applicant are not necessary
to inform passerby of the availability of rental units. Signs are just one of
many ways in which the availability of a unit may be advertised or
promoted by the applicant.
Additional finding recommended by staff subsequent to Planning Commission
meeting: The temporary signs are not necessary to provide locational
information to visitors or emergency responders. City code allows
directional signage at the property entrance on 36th
Avenue as well as
individual directional signs at driveway junctions on the property.
The plight of the landowner is due to circumstances unique to the property not
created by the property owner.
The only unique characteristic is the atypically large setback from street.
The location of the buildings so far from 36th Avenue was a development
decision made by the landowner or their predecessors in ownership, and is
therefore a self-created hardship.
® The variance, if granted, will not alter the essential character of the locality.
The variance, if granted, would allow temporary signage without the
restrictions applied to other properties in Crystal. Such signs have an
impact on the appearance and character of the city, which is why the City
Council has adopted the regulations in question.
In addition, specific to sign variances, city code requires that all seven of the
following criteria be met:
There are exceptional or extraordinary circumstances applicable to the property or
to the intended use that do not apply generally to other property similarly situated.
There are no sufficiently exceptional or extraordinary circumstances to
warrant a variance. The atypically large setback from 36th
Avenue does not
render the buildings invisible from the street nor does it prevent the
applicant from taking advantage of the full range of sign options allowed by
the code.
The variance is necessary for the preservation and enjoyment of a substantial
property right possessed by other property similarly situated, but which right is
denied to the property in question.
PAGE 2 OF 3
There are multiple ways to communicate the availability of apartment units;
signs are just one of those ways. The regulation limiting temporary signs
has no effect that is unique to the subject property.
® The strict application of this code would constitute an undue hardship.
The request fails to meet any of the three criteria for undue hardship
contained in state law; see first three bullet points above. All three criteria
must be met for it to constitute an undue hardship.
The granting of the variance would not be materially detrimental to the public health,
safety or general welfare.
The limitations on temporary signs are intended to reduce traffic
distraction and preserve the appearance of the community. The requested
variance will allow an unsightly proliferation of temporary signs on the
subject property.
The alleged difficulty or hardship is caused by this code and has not been created
by any persons presently having an interest in the parcel.
[no finding]
® The difficulty or hardship is not based solely on economic considerations.
EMU=
is The proposed variance will not impair an adequate supply of light and air to adjacent
property, substantially increase the congestion of the public streets, or interfere with
the function of the police and fire department of the city.
SEW
C. RECOMMENDATION
At its meeting on April 13, 2009, the Planning Commission voted 7-0 to
recommend that the City Council deny the requested variance from Section
405.15 Subd. 5. Said request would have allowed the display of temporary signs
without restriction as to number or time limit.
Suggested findings of fact are as articulated in bold type in Section B above.
The City Council's motion should include findings of fact addressing whether or not all
three of the standard variance criteria and all seven of the sign variance criteria are
met. The Council may choose to use the recommended findings of fact by reference in
the motion.
PAGE 3 OF 3
N
0
�1()y��j�
I
•
City of Crystal
4141 Douglas Drive N
Crystal, MN 55422
Dear Mr. Sutter,
This is a proposed variance application regarding signs at 7700 36th Avenue North.
Winnetka Village Apartments is made up of three buildings with sixty units in each for a total of 180
units. The property surrounding the complex is made of up a pond, a marsh, and lots of mature trees.
While it is a beautiful view, the large mature trees block the view of the complex from 36th Avenue
North.
The variance is necessary for the-rightto get businessfrom temporary signs that will get the attention
from the people driving by our property. Our competition, Royal Oaks Apartments, has similar signs, is
located kiddy corner from our property. All four apartment complexes around us, Emerald Point, Lou
Ann Terrace, Crystal Village, across the street, next door, and down the street are in the City of New
Hope. Winnetka Village is the only property on the street that is in the City of Crystal.
The strict application of this code would constitute an undue hardship in that without the temporary
signs, our business would suffer a loss of renting apartments, causing undue vacancies.
The granting of the variance would not be materially detrimental to the public health, safety or general
welfare.
The alleged difficulty or hardship is not based solely on economic consideration. Since the property is
hidden behind the mature trees and pond, emergency vehicles such as police, fire, ambulances,
deliveries, residents as well as their guests, pass right by our property prior to the signs being placed
near 36th Ave North causing undue delay.
The proposed variance will not impair an adequate supply of light and air to adjacent property,
substantially increase the congestion of the public streets, or interfere with the function of the police
and fire department of the city.
Respectfully,
Lindsey Heritage
Property Manager
Smith.Sturm Investment Company
Winnetka Village Apartments
7710 36th Ave N#112 Crystal; 9V Y55427 •.*° 763 546-3426 fax 763-546-2266 ■
winnet4vii2aye@comcast.net s
• W
SUMMARY OF TEMPORARY SIGN REGS FOR APT COMPLEXES IN CRYSTAL
A "for rent" sign is allowed provided that it does not exceed four sq. ft. in area. No permit is required for
such signs and they can be displayed whenever there is a unit available (presumed to be all the time for
complexes >20 units based on historically typical average vacancy rates). In addition, Crystal allows
temporary signs of any size subject to the following limitations: A permit is required for each sign; each
permit is for one week; and each property is limited to six such permits per year.
COMPILATION OF TEMPORARY SIGN REGS FOR APT COMPLEXES IN OTHER CITIES
Brooklyn Center allows one sign per street frontage not to exceed six sq. ft. unless the complex contains
more than 36 units and is adjacent to a major thoroughfare in which case the sign may be up to 32 sq. ft.
in area. The maximum height of such signs shall be 10 ft. above ground level.
Brooklyn Park allows any number of temporary signs up to a total area of 200 sq. ft. but a permit is
required. Each permit is good for one month and each property is limited to three such permits per year.
New Hope allows temporary signs six square feet or less in size, not to exceed three feet in height, and
only in residential zoning districts. Such signs require a permit and shall not be erected for more than ten
calendar days. In addition, they allow one temporary sign per street frontage when a building is offered
for sale or lease, provided that within residential districts, no sign shall exceed 12 square feet in area and
six feet in height for single-family, two-family, townhouse, and quadraminimn units; or 32 square feet in
area or eight feet in height for multi -family or institutional uses.
Robbinsdale allows temporary signs for a period not to exceed ten days. Such signs require a permit; the
permit may not be renewed more than twice for each sign, and each property is limited to three such
permits in any 12 month period. They also allow temporary signs erected for the sole purpose of sales or
rental of property in any zoning district, provided that the sign is erected on the premises to which the
sign refers. The sign may not exceed one quarter square foot of sign area for each foot of property
frontage along which the sign is to be erected, up to a maximum size of 25 square feet in area. Only one
real estate sign may be erected along each street frontage. If the sign is erected as a free standing sign, it
may not exceed four feet in height and must be securely anchored to prevent its dislodgement by normal
wind pressure. The sign must be removed within seven days of sale or rental.
Golden Valley allows a single temporary "for sale" or "for rent" sign of -Lip to 32 sq. ft. in multifamily
residential districts. This sort of sign requires a permit but has no explicit time limit.
PT
Crystal City Code 405.17, Subd. 9
(Rev. 2007)
Subd. 9. Product identification signs. A product identification sign is an emblem, decal, design
illustration, or device, not located on a sign structure, that is placed on and intended to draw attention to a
product contained in a container, vehicle oT structure, or to a service offered by the owner of such container,
vehicle or structure.
Subd. 10. Garage sale signs. Signs identifying the location and times of a garage sale may be placed
on the property at which the sale is to be conducted or on the property of others with their consent. The signs
may not exceed four square feet in area per side, may not be placed on or attached to any utility pole or public
signs, and are subject to the provisions of subsection 405.15, subdivision 8. Garage sale signs must be
removed within 24 hours of the time stated on such sign for the conclusion of the sale, and such time must be
stated on the sign. For purposes of this subsection a garage sale is an occasional sale, of limited duration, of
used goods or merchandise conducted by a property owner on the owner's premises.
Subd. 11. Recreational area signs. Signs may be placed on the interior surface of fencing
surrounding a recreational area used for organized sports functions including, but not limited to, little -league,
%B..tea7b' �e,R.��.0t�h� leagues drn,"U_='srll ac�t.rvli.�et+sr'*(wAe�nd3; di O-n,�,kd _•-.,bL;8
,1N'• t-
i,.nSl.»st_.`',I
4r�gM.'"fin
Subd. 12 Directional signs. sign may be placed at or near primary vehicular entrances to an
a) is placed so as not to impair the vision of motorists either on a public street or entering or
exiting therefrom;
b) is set back at least one foot off the property line (the signs are exempt from other setback
provisions);
C) may not exceed six square feet in area nor six feet in height; and
d) may not contain any advertising copy other than the name of the sh ppmg center or ���
establishment, its logo, or both, and the relevant directional informationjkcl i -Ares
",'fin }.rte". }-9^ < ''
s `aw�.n..�r�G..%3 ��6�'su �..`S'��lnr?a�,.���w.��,�.�7v�`
405.19. Special provisions for C try G2 and I-1 zoning distracts. Subdivision 1 Number and type of signs in
C-1 C-2 and I-1 districts. A business property is limited to the following number and type of signs:
one free-standing sign in addition to wall signs, or
one projecting sign in addition to wall signs.
A property abutting more than one street may have one additional free-standing or projec OYP- (?,6aPJ4PI e
the additional street rights-of-way (except as provided in subsection 405.15, subdivision 8:_ 2
street right-of-way is on an arterial or collector street and such sign is more than 50 fe
other free-standing, projecting or roof sign on the property. (Amended, Ord. No. 2007-18, V!C-
7710
7730
L6
Lid
DATE: April 16, 2009
FL73FA- 1
FIA -111INU
CITY OF CRYSTAL M ENGINEERING DEPARTMENT
TO: Tom Mathisen, Public Works Director
FROM: Mick Cyert, Project Manager
SUBJECT: Phase 10 — Soil and MaterialPesting Services
Five testing firms were invited to submit quotes for Phase 10, soils and materials
sampling and testing, all five responded. The low quote was submitted by ITCO Allied
Engineering Co. (ITCO) of Savage, MN. Based on unit prices quoted by ITCO and the
estimated quantities of testing work to be performed for the Phase 10 Street
improvements the City's contract with ITCO will total $17,380.00, (subject to the actual
quantities of work delivered).
ITCO has worked for the city on a previous street reconstruction project - Phase 7. They
delivered quality workmanship, in a timely manor and fulfilled their contractual
obligations. I recommend our acceptance of their proposal.
OPUBWORKSTROJECTSTHASE 10MMEMOTOMTESTMOTESDOC
llrl`1�41
02 KIN I DI NXIII My V M 1101MR."I
WK -1
WHEREAS, the City Manager's office has reviewed and recommends approval
of said appropriation; and
WHEREAS, adequate funds are budgeted in the project ftmd and there is no
impact on the General Fund; and
WHEREAS, it is necessary and prudent to test materials and construction
methods used in the project; and
WHEREAS, the following quotes were received:
ITCO Allied
$17,380.00
American Engr. Testing
$24,330.00
Construction Engr. Lab
$25,255.00
Braun-Inteltec
$27,242.00
Stork Twin City Testing
$28,834.00; and
WHEREAS, ITCO Allied is the lowest qualified proposal.
NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council hereby
awards the contract to ITCO Allied in the amount of $17,380.00, based on the quoted in -lit
prices.
Adopted by the Crystal City Council this 21 st day of April 2009.
ReNae J. Bowman, Mayor
Janet Lewis, City Clerk
Lpubworks/projects/phase I Oftestingres
RESOLUTION NO. 2009 -
AWARDING CONTRACT FOR PROJECT # 2008-10 PHASE 10
WELCOME PARK NEIGHBORHOOD STREET RECONSTRUCTION
WHEREAS, the Crystal City Council approved the Welcome Park Neighborhood
Street Reconstruction Improvement Project # 2008-10 and authorized the preparation of
construction plans and specifications by Short -Elliot -Hendrickson; and
WHEREAS, the Crystal City Council approved the construction plans and
specifications for this project as prepared by Short -Elliot -Hendrickson, dated Februaiy
26, 2009 and authorized solicitation of public bids for said construction; and
10; and
WHEREAS, the City of Crystal did advertise for bids for Improvement No. 2008-
WHEREAS, twelve such bids were received and publicly opened on March 16,
2009, and the lowest four qualifying bids are tabulated as follows:
Northwest Asphalt, Inc.
$6,869,593
S.R. Weidema Inc.
$6,921,005
Palda and Sons, Inc.
$6,970,202
Arcon Construction
$7,027,733.
NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council
hereby awards the contract for Improvement No. 2008-10 to Northwest Asphalt Inc., in
the amount of $6,869,593.
BE IT FURTHER RESOLVED that the Mayor and City Manager are hereby
authorized to sip such contract.
Adopted by the Crystal City Council this 21 st day of April, 2009.
ReNae J. Bowman, Mayor
ATTEST:
Janet Lewis, City Clerk
Lpubworks/projects/phasel 0/awardres
X * CA X a � 0, :4 4 � a*] :4:
CITY,
M
FROM: Tom Mathisen, Public Works Director & City Engineer
TO: Anne Norris, City Manager (for April 21 City Council Meeting)
DATE: April 16, 2009
RE: Accept Feasibility Report and Order Public Hearing for 2009 Alley
Construction, Project #2009-06
The feasibility report for the 2009 Alley Reconstruction Project has been completed.
The location map is attached. This year's project includes the Florida — Louisiana
alleys parallel to and between Fairview and 50th Avenues.
It is proposed to construct twelve foot wide concrete alleys in the same fashion as was
done in the previous 2006 and 2007 projects.
DISCUSSION
A neighborhood meeting was held Thursday April 16 at City Hall. Fifty-three notices
were mailed to the affected properties. Five parcels were represented at the meeting
and 100% were very much in favor of the project.
If the Council adopts the attached resolution accepting the feasibility study and ordering
the public improvement hearing, the hearing would be held at the May 19 council
meeting to order the project.
The total estimated cost of the project is $128,000. The intent is to use Chapter 429 of
the State Statues to assess a portion of the project cost to the befitting property owners.
As done with the previous projects, the cost will be paid by a 60% assessment to the
benefiting property owners and a 40% contribution from the Storm Drain Utility Fund.
Unlike the street projects, the public hearing on the assessments will be conducted
once the project is complete. The main reason for this is the construction cost is very
small so it will not be necessary to bond to cover the project costs. With the proposed
schedule, there will still be time to have the special assessment public hearing in order
to get the assessments on the tax rolls for 2010.
DRIVEWAYS
As with the previous alley and street projects, the property owner will be able to
participate in a driveway reconstruction program and have the driveway cost special
assessed along with the alley cost.
FINANCIAL IMPACT
The total estimated project cost is $128,000. The cost will be paid by a 60% special
assessment to the benefiting property owners and a 40% contribution from the Storm
Drain Utility Fund. The estimated unit assessment is $1,450 per single/duplex
residence for the concrete alley and related drainage, to be assessed over a ten year
period. There is no impact on the General Fund.
RECOMMENDATION
It is recommended that the City Council adopt the attached resolution accepting the
feasibility study and ordering the public improvement hearing for the 2009 Alley
Construction Project #2009-6.
ctfully submitted,
Thomas A. Mathisen
City Engineer
kpubworks/projects/2009/alley recons/orderprjcthrngmem
RESOLUTION NO. 2009 —
RECEIVE 2009 ALLEY CONSTRUCTION FEASIBILITY REPORT AND
ORDER HEARING ON IMPROVEMENT PROJECT #2009-6
WHEREAS, a feasibility report dated April 16, 2009 has been prepared by the
Engineering Department with reference to the improvements of the rights of way for the
Florida — Louisiana alleys parallel to and between Fairview and 50t" Avenues, and this
report was received by the Council on today's date April 21, 2009.
NOW, THEREFORE, BE IT RESOLVED, by the Crystal City Council:
1) The Council will consider the improvements for such alleys in accordance
with the report and the assessment of abutting property for all or a portion of
the cost of improvements pursuant to Minnesota Statutes Chapter 429 at an
estimated total cost of the improvement of $128,000.
2) A public hearing shall be held on such proposed improvements on the 19th
day of May, 2009 in the Council Chambers of City Hall at 7:00 p.m., or as
soon thereafter as the matter may be heard, and the clerk shall give mailed and
published notice of such hearing and improvements as required by law.
Adopted by the Crystal City Council this 21st day of April, 2009.
ReNae J. Bowman, Mayor
ATTEST:
Janet Lewis, City Clerk
I:Pubworlcs/projects/2009/alleycons/orderbearingIres
PROJECT 2009-6
April, 2009
The Fairview-50t1i Avenue alleys east of Louisiana Avenue and west of Florida Avenue are of
existing bituminous surfacing and the first of the city's hard surfaced alleys to be considered
for reconstruction. The project will be the third since the city's alley reconstruction program
was adopted in 2006. Two previous alley projects reconstructed and upgraded 4 of 5 city sand
and gravel alley's in the Welcome Park Neighborhood (Phase 10) to concrete surfacing. The
one remaining sand and gravel alley is being considered for abandonment.
The existing bituminous surfaces that was placed in the early 70's has deteriorated and the
alleys have outlived their useful life due to age, soil conditions, poor drainage and heavy
loading caused by garbage tricks and other large vehicles. The uneven surfaces cause
birdbaths to form that ice in the winter. The alleys also are a continual maintenance problem
requiring regular attention from the Street Maintenance Department. The local drainage is fair
to poor, and abutting property owners have little incentive to pave their driveways.
In order to provide a durable year round surface, in 2006 the City established an Alley
Reconstruction Program. The program anticipates rebuilding all the alleys in the City over a
ten year period. The pavement section is to be concrete to provide a long life and to act as a
local drainage conduit to the adjoining street intersections or to new or existing storin sewer.
The policy is to special assess 60% of the project cost, with the remaining 40% to be paid by
the Storm Drain Utility Fund. The proposed project is consistent with the adopted policy and
program. The project area is shown on the attached map. The estimated cost is $128,000.
Since 1995, the City of Crystal has determined benefit to single family lots for local street
reconstruction on a unit basis instead of by the front foot of each abutting property. The
established policy for alley construction will use the same per lot (unit) basis. hi addition;
using the same street reconstruction model, all abutting parcels will be assessed without
consideration as to where the driveway access is from, be it the street or the alley. All
properties are considered to have benefit from the unproved alley, even if their driveway
access is from the local street.
By assessing only 60% of the total cost on a per lot basis, the study cost and benefit analysis
shows an estimated assessment cost of $1,450.00 for each of the 53 parcels. Based on this
cost, it is determined that the project is both feasible and provides appropriate benefit to the
assessed properties. Assessments for alley construction are levied over a ten year term.
No change in the policy is recommended for 2009. The assessment for each unit is calculated
by dividing the total project cost by the number of units. Using the above -noted assessment
approach and the proposed concrete construction detail, the project cost breakdown is as
follows:
I: /pubworks/projects/2009/alleycons/alleyfeasrprt
2009 ALLEY CONSTRUCTION PROJECT 2009-06
Estimated Cost and Assessment Calculations
Project Cost
Less Storm Drain Utility Contribution (40%)
Total Project Cost to be Assessed (60%)
Total Number of Parcels to be Assessed 53
April, 2009
$51,200.00
Alley Unit Assessment Rate (Assessable Cost / Number of Units) $1,450.00
$76,800.00/53
Date:
Thomas Mathisen
City Engineer
i:/pubworks/projects/2009/alley-recons/assmntcalcest
2009 ALLEY RECONSTRUCTION PROJECT 2009-6 SCHEDULE
APRIL 7 - Order preparation of Feasibility Study.
April 16 - Neighborhood meeting
April 21 - Present to Council for consideration Feasibility Study and
Resolution scheduling Public Improvement Hearing for
May 19th.
April 23 - Send Public Hearing Notices to Sun Post for April 30th &
May 7th Publishing.
April 30 - First Public Hearing Notice in Sun Post. Mail Public
Hearing Notices.
MAY Prepare Plans and Specifications
May 7- Second Public Hearing Notice in Sun Post
May 19 - Public Improvement hearing and Co-uncil consideration to
order project and Advertisement for bids. Give pending
assessment roll to Gail.
May 21 - Send Bid advertisement to Sun Post for May 28th & June
4th publishing. Send Bid Advertisement to Constriction
Bulletin for June lst & June 8tr' publishing
May 28- First Advertisement in Sim Post
JUNE 4 - Second Advertisement in Sun Post
June 1 & 8 - Advertisements in Construction Bulletin
JULY 2 - Open Bids
July 7 - City Council Consideration to Accept Bid and Award
Contract
JULY/AUGUST Construction/ Prepare Final Assessment Roll
SEPTEMBER 1 - Council consideration of Resolution scheduling Public
Assessment Hearing for October 6"'
September 3 - Send Public Hearing Notices to Sun Post for September 10
publishing. Mail Public Hearing Notices.
September 10 - Public Hearing Notice in Sun Post
OCTOBER 6 - Public Hearing on Assessment
4141 Douglas Drive North - Crystal, Minnesota 55422-1696
Tel: (763 531-1000 - Fax: (763) 531-1188 - www.ci.crystal.=.us
wMaulm
PROPOSED CRYSTAL ALLEY RECONSTRUCTION PROJECT #2009-6
YOU ARE INVITED TO A NEIGHBORHOOD MEETING
TO BE HELD AT CRYSTAL CITY HALL
4141 DOUGLAS DRIVE N.
7:00THURSDAY, APRIL 16,2009
Dear Crystal Resident:
In 2006 the City Council adopted a policy regarding alley construction/reconstruction.
The policy calls for a ten-year program to rebuild all the alleys in the City using a V -
notch concrete surface. Gravel alleys were to be reconstructed with concrete first, and
that work is now complete. The program is funded by 60% special assessment to the
benefiting properties and 40% by other City funds. Also, properties are assessed
whether or not their garage/driveway access is from the alley or the street.
Since the adoption of the alley program, four gravel alleys in the Welcome Park
Neighborhood have been reconstructed. The properties being noticed for the April 16
meeting are those that abut the ease -west alley paralleling Fairview and 50th Avenues,
and between Louisiana and Florida Avenues. A driveway reconstruction program will
also be offered as part of the alley projects. Construction is tentatively scheduled for
this summer.
It is currently estimated that the special assessment would approximately $1,450.00 per
property. This would be added to parcel's property tax, and spread out over a 10 year
payment period at a simple -interest rate of approximately 6.0%. Pre -payment with no
interest is an option. More information on this would follow if the project goes forward.
Please plan on attending this informational meeting. A formal presentation will begin
shortly after 7 p.m., followed by an informal session. Please call the Engineering
Department at 763-531-1161 with any questions if you cannot attend the meeting.
Sincerely,
Thomas Mathisen
Crystal City Engineer
I:pubworks/projects/2009/alley/neighborhoodmtbntc
4141 Douglas Drive North - crystal, MN 55422-1696
Telephone: (763) 531-1000 - Fax: (763) 531-1188
Website: www.ci.c1ystal.rnn.us
2009 ALLEY RECONSTRUCTION NEIGHBORHOOD MEETING AGENDA
CITY OF CRYSTAL IMPROVEMENT PROJECT 2009-06
THURSDAY, 7:00 P.M., APRIL. 16, 2009 COUNCIL CHAMPBERS, CRYSTAL CITY HALL
1. INTRODUCTIONS, Tom Mathisen, Crystal City Engineer
2. PROJECT OVERVIEW AND PURPOSE OF MEETING
® History of alley reconstruction program.
® Why rebuild alleys now?
3. REVIEW OF DESIGN STANDARDS AND REQUIREMENTS
a Materials
® Width
® Section
a Private Driveway Reconstruction
® Possible Construction Conflicts and Challenges.
o Trees, Utility Poles, Driveways, Grades, and Trees.
4. PROJECT SCHEDULE
5. PROPOSED FINANCING
6. DISCUSSION/RESIDENT INPUT
® Alley and garage access during construction
® Parking
m Trash collection
® Other concerns.
7. FUTURE MEETINGS AND COUNCIL ACTION
I;publicworics/projects/2009/alleyrecon/neighborlioodmtgagenda-doc
CRYSTAL ALLEY RECONSTRUCTION PROGRAM
April 2009
Why rebuild alleys now?
Wanted to start this i111995 but waited to get street reconstruction
program instituted.
Have never been built according to any standard.
Constant maintenance problem.
Garbage trucks, esp. in the spring, cause continual damage.
Drainage, flooding, and ice problems.
Drags down the appearance of the neighborhood.
Hard to develop incentive to rebuild driveways.
How paid for in the past?
Never assessed. Gravel alleys were paved over with asphalt.
Some were "oiled gravel" initially.
Maintenance dollars came from general fund operating budget.
How paid for now?
Not possible for City to fund 100% internally.
Use formula similar to street reconstruction program
40% public money and 60% direct assessment to benefiting property.
Public money is storm drain utility.
Special assessment shows up on taxes in 2010. About $1,450 spread
out over 10 years, at 6.0% simple interest.
What will it look like and when?
Concrete (12 feet side) "V" section — to carry storm water to catch
basins or adjoining streets.
Concrete will last for 40 years with minimal maintenance.
Supports garbage trucks.
Concrete will be 6 inches thick.
Driveways
Concrete and asphalt driveway reconstruction will be offered, at an
additional cost, as part of the project.
Driveway costs can be added to the project assessments.
For additional information call the Engineering Department at 531-1161.
COUNCIL STAFF REPORT
CITWY .. il f Regular Agenda: Order a public hearing to consider
CRYSTAL
amendments to the City Charter
C.
#F 0
FROM: Janet Lewis, City Clerk
DATE: April 16, 2009
TO: Mayor and Council Members
City Manager
CC: City Attorney
The Crystal Charter Commission discussed proposed Charter amendments to
Sections 2.04, 6.05, and 2.07 at its meeting on February 5, 2009. The meeting
minutes were approved by the members in attendance via email in March, 2009.
At this time, the Charter Commission is requesting Council consideration to Sections
2.04 (filing requirements) and 6.05 (purchases & contracts) of the Charter. The
Commission plans to meet again to discuss Section 2.07 (absences of elected
officials).
Before amendments can be made to the City Charter, a public hearing must be held
and the hearing notice published at least two weeks prior to the meeting. All Council
Members must be in attendance and vote affirmatively for the ordinance to pass.
Suggested Plan
April 21
Council orders a public hearing for May 19
April 30
Public Hearing notice is published
May 19
Public Hearing and First Reading of the ordinance
June 2
Second Reading of the ordinance
June 11
Ordinance is published
Sept 11
Ordinance is effective (after 90 days)
Council Action Requested
Order a public hearing for May 19 to consider the First Reading of an ordinance
amending Sections 2.04 and 6.05 of the City Charter.
Exhibits
A) Proposed Ordinance
B) Draft Notice of Public Hearing
C) MN Statutes 410.12, Subd. 7
D) Pages 2 and 14 of the Current City Charter
E) February 5, 2009 Charter Commission Meeting Minutes
1:\Commissions\Charter\2009\CounciI Staff Report Form Lewis-4.21.09—charter amendments.doc
THE CITY OF CRYSTAL ORDAINS:
Section 1. Background; findings; authority.
1.01. The City of Crystal (City) is governed by home rule charter adopted pursuant to the
Constitution of the State of Minnesota and Minnesota Statutes, Chapter 410 (Act).
1.02. The Charter Commission of the City has proposed the adoption of amendments
(Amendments) to the charter and recommended to the City Council that the Amendments be
adopted by City Council ordinance in the manner prescribed by Section 410.12, subdivision 7, of
the Act. The form of the Amendments is set out in Section 2.02.
1.03. A public hearing on the Amendments was held on , 2009 by the City
Council after two weeks' published notice containing the text of the Amendments as required by the
Act. The notice contained a brief description of the nature and scope of the Amendments. All
persons desiring to be heard with reference to the Amendments were heard at the public hearing.
1.04. The Council finds and determines that it is in the best interests of the City and its residents
that the Amendments be adopted.
Section. 2 Adoption; effective date; filing.
2.01. The Amendments as proposed by the Charter Commission are adopted.
2.02. The text of the Amendments is as follows: (New language underlined: deleted language
lined through)
"Section 2.04. Resident Councilmembers. Four of the councilmembers must be
ward resident councilmembers and are qualified as follows: one councilmember must be,
at the time of filing for election or appointment, a resident of the First Ward; one
councilmember must be, at the time of election or appointment, a resident of the Second
Ward; one councilmember must be, at the time of election or appointment, a resident of the
Third Ward; one councilmember must be, at the time of filing for election or appointment, a
resident of the Fourth Ward. Two councilmembers must be section resident
councilmembers and qualify as follows: one councilmember must be, at the time of filing
for election or appointment, a resident of Section One, consisting of Wards One and Two;
and one councilmember must be, at the time of filing for election or appointment, a
resident of Section Two, consisting of Wards Three and Four. 'Thereafter, Continuea
continued residence in the ward or section in which the councilmember resides resided at
the time of election or appointment is a required qualification to continue to hold office
during the councilmember's term."
DJK-215243v1
CR205-5
"Section 6.05. Purchases and Contracts. The manager is the chief purchasing agent of the
city. Purchases and contracts may be made by the manager when the amount of the
purchase or contract does not exceed $15,000 $25,000 unless a lower limit is provided by
the council by resolution. Other purchases and contracts are made by the council on
recommendation of the manager. Except for contracts which the manager is authorized to
make by this section, contracts, bonds, and instruments to which the city is a parry must be
signed by the mayor and the manager on behalf of the city."
2.03. This ordinance is effective 90 days after its publication, except that if within 60 days after
publication a petition requesting a referendum on this ordinance, signed by the number of registered
voters of the City required by the Act is filed with the City Clerk, this ordinance will not be
effective until approved by 51 % of the voters voting on the question of its adoption at the special
election called by the Council for that purpose.
2.04. On the effective date of the Amendments, the City Clerk is authorized and directed to file
copies of the Amendments with the Secretary of State of the State of Minnesota, the Hennepin
County Recorder, and the City Clerk's office together with the certificate required by Section 410.11
of the Act.
Passed by the City Council of the City of Crystal, Minnesota this day of
2009.
ReNae J. Bowman, Mayor
ATTEST:
Janet Lewis, City Clerk
DJK-215243vl
CR205-5
CITY OF CRYSTAL
NOTICE OF PUBLIC HEARING ON PROPOSED
AMENDMENT TO CRYSTAL CITY CHARTER
NOTICE IS HEREBY GIVEN that the City Council of the City of Crystal, Minnesota will conduct a
public hearing on ., or as soon thereafter as the matter can be heard, in
the Council Chambers in City Hall, 4141 Douglas Drive North, to consider oral and written
testimony on a proposed amendment of the Home Rule Charter of the City.
The proposed ordinance would amend Sections 2.04 and 6.05. The text of the Amendments is as
follows: (New language underlined: deleted language lined through)
"Section 2.04. Resident Council Members. Four of the council members must be ward
resident council members and are qualified as follows: one council member must be, at
the time of filing for election or appointment, a resident of the First Ward; one council
member must be, at the time of election or appointment, a resident of the Second Ward;
one council member must be, at the time of election or appointment, a resident of the
Third Ward; one council member must be, at the time of filing for election or appointment,
a resident of the Fourth Ward. Two council members must be section resident council
members and qualify as follows: one council member must be, at the time of filing for
election or appointment, a resident of Section One, consisting of Wards One and Two; and
one council member must be, at the time of filing for election or appointment, a resident
of Section Two, consisting of Wards Three and Four. Thereafter Continued continued
residence in the ward or section in which the council member Fesides resided at the time
of election or appointment is a required qualification to continue to hold office during the
council member's term."
"Section 6.05. Purchases and Contracts. The manager is the chief purchasing agent
of the city. Purchases and contracts may be made by the manager when the amount of
the purchase or contract does not exceed $15,000 $26,000 unless a lower limit is
provided by the council by resolution. Other purchases and contracts are made by the
council on recommendation of the manager. Except for contracts which the manager is
authorized to make by this section, contracts, bonds, and instruments to which the city is a
party must be signed by the mayor and the manager on behalf of the city."
It is recommended by the Charter Commission that the sections be adopted by ordinance of the
City Council in the manner prescribed by Minnesota Statutes, Section 410.12, and Subdivision 7.
Under that procedure, designed to facilitate routine charter amendments, the City Council must, if
the Council approves the amendment, adopt the amendment by ordinance after the public hearing
by a unanimous vote of all of its members. The adopting ordinance is effective 90 days after its
passage and publication, but if within 60 days thereof a petition signed by a number of registered
voters equal to two percent of the votes cast in the City at the last state general election, or 2,000
registered voters, whichever is less, is filed with the City Clerk, the ordinance is not effective until
approved by 51% of votes cast on the amendment at the regular municipal election or a special
election called for that purpose.
Anyone wishing to express an opinion about the proposed amendment orally or in writing will be
heard at the public hearing.
Dated: April 23, 2009 Janet Lewis, City Clerk
410.12, 2008 Minnesota Statutes Page 3 of 3
promptly notify the council of the action taken. On notification of the charter
commission's action, the council may submit to the people, in the same manner as provided
in subdivision 4, the amendment originally proposed by it or the substitute amendment
proposed by the charter commission. The amendment shall become effective only when
approved by the voters as provided in subdivision 4. If so approved it shall be filed in the
same manner as other amendments. Nothing in this subdivision precludes the charter
commission from proposing charter amendments in the manner provided by subdivision 1.
Subd. 6. Amendments, cities of the fourth class. The council of a city of the fourth
class having a home rule charter may propose charter amendments by ordinance without
submission to the charter commission. Such ordinance, if enacted, shall be adopted by at least
a four-fifths vote of all its members after a public hearing upon two weeks' published notice
containing the text of the proposed amendment and shall be approved by the mayor and
published as in the case of other ordinances. The council shall submit the proposed
amendment to the people in the manner provided in subdivision 4, but not sooner than three
months after the passage of the ordinance. The amendment becomes effective only when
approved by the voters as provided in subdivision 4. If so approved, it shall be filed in the
same manner as other amendments.
Subd. 7. Amendment by ordinance. Upon recommendation of the charter commission
the city council may enact a charter amendment by ordinance. Within one month of receiving
a recommendation to amend the charter by ordinance, the city must publish notice of a public
hearing on the proposal and the notice must contain the text of the proposed amendment. The
city council must hold the public hearing on the proposed charter amendment at least two
weeks but not more than one month after the notice is published. Within one month of the
public hearing, the city council must vote on the proposed charter amendment ordinance. The
ordinance is enacted if it receives an affirmative vote of all members, of the city council and
is approved by the mayor and published as in the case of other ordinances. An ordinance
amending a city charter shall not become effective until 90 days after passage and publication
or at such later date as is fixed in the ordinance. Within 60 days after passage and publication
of such an ordinance, a petition requesting a referendum on the ordinance may be filed with
the city clerk. The petition must be signed by registered voters equal in number to at least
five percent of the registered voters in the city or 2,000, whichever is less. If the requisite
petition is filed within the prescribed period, the ordinance shall not become effective until it
is approved by the voters as in the case of charter amendments submitted by the charter
commission, the council, or by petition of the voters, except that the council may submit the
ordinance at any general or special election held at least 60 days after submission of the
petition, or it may reconsider its action in adopting the ordinance. As far as practicable the
requirements of subdivisions 1 to 3 apply to petitions submitted under this section, to an
ordinance amending a charter, and to the filing of such ordinance when approved by the
voters.
History: (1286) RL s 756; 1907 c 199 s 1; 1911 c 343 s 1; 1939 c 292 s 1; 1943 c 227 s
1; 1949 c 122 s 1; 1959 c 305 s 3,4; 1961 c 608 s 5,6; 1969 c 1027 s 3; 1973 c 503 s 1-4;
1986 c 444; 1998 c 254 art 1 s 107; 1999 c 132 s 42; 2005 c 93 s 1; 2008 c 331 s 7
https://www.revisor.leg.state.mn.us/statutes/?id=410.12 4/13/2009
Crystal City Charter
CHAPTER 2
Page 2
Section 2.01. Council Manager Plan. The form of government established by this charter is
the Council Manager Plan. The council exercises the legislative power of the city and
determines matters of policy. The city manager is responsible to the council for the proper
administration of city affairs.
Section 2.02. Boards and Commissions. There are no separate administrative boards or
commissions except boards and commissions established for the administration of a municipal
function jointly with another political subdivision. The council performs the duties and exercises
the powers of administrative boards or commissions. The council may by ordinance establish
boards or commissions to advise the council with respect to any municipal function or activity, to
investigate any subject of interest to the city, or to perform quasi-judicial functions. (Amended,
Ordinance No. 90-22, February 1, 1991)
Section 2.03. Councilmembers: Oualifacations and Terms. Subdivision 1. The council is
composed of a mayor and six council members who must be eligible voters of the city and must
further qualify for office as provided in this charter.
Subd. 2. The mayor and councilmembers may hold another compatible public office.
Subd. 3. The mayor and councilmembers must be residents of the city. The resident
councilmembers must satisfy the residence requirements of section 2.04.
Subd. 4. The mayor is elected at large. A ward resident councilmember is elected by the
eligible voters of the ward in which the councilmember resides. A section resident
councilmember is elected by the eligible voters of the section in which the councilmember
resides.
Subd. 5. The mayor and councilmembers are elected on the date, in the years and for the
terms specified by ordinance adopted by the council in accordance with law. They serve until
their successors are elected and qualify for office. (Amended, Ordinance No. 98-4, November
24, 1998)
Subd. 6. (Repealed, Ordinance No. 98-4, November 24, 1998)
Section 2.04. Resident Councilmembers. Four of the councilmembers must be ward resident
councilmembers and are qualified as follows: one councilmember must be, at the time of election
or appointment, a resident of the First Ward; one councilmember must be, at the time of election
or appointment, a resident of the Second Ward; one councilmember must be, at the time of
election or appointment, a resident of the Third Ward; one councilmember must be, at the time of
election or appointment, a resident of the Fourth Ward. Two councilmembers must be section
resident councilmembers and qualify as follows: one councilmember must be, at the time of
election or appointment, a resident of Section One, consisting of Wards One and Two; and one
councilmember must be, at the time of election or appointment, a resident of Section Two,
DJK-154481v2
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Crystal City Charter
Page 14
Subd. 8. The manager performs the other duties prescribed by law, this charter or by the
council.
Section 6.03. Departments. The council may create departments, divisions and other units of
the city administration consistent with this charter and law.
Section 6.04. Officers. The officers of the city are the city clerk and the other officers
subordinate to the city manager created by the council by ordinance or resolution. The clerk is
responsible for the keeping of city records, and, under the direction of the manager, the general
administration of the city's affairs. The council may by ordinance abolish offices that have been
created by ordinance and combine the duties of various offices.
Section 6.05. Purchases and Contracts. The manager is the chief purchasing agent of the city.
Purchases and contracts may be made by the manager when the amount of the purchase or
contract does not exceed $15,000 unless a lower limit is provided by the council by resolution.
Other purchases and contracts are made by the council on recommendation of the manager.
Except for contracts which the manager is authorized to make by this section, contracts, bonds,
and instruments to which the city is a party must be signed by the mayor and the manager on
behalf of the city. (Amended, Ordinance No. 93-4, May 12, 1993; Ordinance No. 98-4,
November 24, 199 8)
Section 6.06. Contracts: Bids. City contracts must be made in compliance with law. When
competitive bids are submitted the contract must be awarded to the lowest responsible bidder.
The council may by ordinance adopt additional regulations for making city contracts.
Section 6.07. Employee Review Board. The city council must by ordinance establish a review
board to hear and rule on non -organized employee grievances as defined by the ordinance after
normal grievance procedures have been completed. The membership, terms, qualifications,
powers, duties and procedures of the review board must be fixed by the ordinance. Members of
the board are recommended by the manager and appointed by the city council. (Amended,
Ordinance No. 91-3, March 28, 1991)
DJK-154481v2
CR225-5
Minutes of the Meeting for the
Home Rule Charter Commission
Of the City of Crystal
Thursday, February 6, 2009
I. Call to Order
Pursuant to due call and notice thereof, the meeting of the Crystal Charter
Commission was held commencing at 7:00 p.m. on Thursday, February 5,
2009 in Conference Room A at Crystal City Hall, 4141 Douglas Drive North, in
the City of Crystal. The meeting was called to order by Chair Samantha
Erickson.
Attendance
The recording secretary recorded the following members present: Samantha
Erickson, Robb Weidemann, Garry Grimes, Joe Selton, Naomi Davidson and
Joel Franz. Also present: Commission Attorney Michael Norton, City Manager
Anne Norris, City Clerk Janet Lewis, and Recording Secretary Gail Van
Krevelen. Absent: Doug Brown, Gary Joselyn, and Harley Heigel.
11. Approval of the meeting minutes from October 2, 2008
The Charter Commission considered the meeting minutes from October 11,
2007 and requested the correction of Commissioner Weidemann's name in
Section IV. Moved by Commissioner Erickson and seconded by
Commissioner Selton that the minutes from October 2, 2008 be approved as
amended.
Motion carried without dissent
111. Introduction of new member Joel Franz
All members introduced themselves.
IV. Review residency requirements in City Charter for candidates filing for a
municipal office
Commission members discussed what a reasonable residency requirement
was for someone running for a city office.
Commission members stated that they wished to approve these minutes by
email to expedite ordinance amendments for consideration by the City
Council.
Moved by Commissioner Selton and seconded by Commissioner Franz to
amend Charter Section 2.04 by deleting "at the time of election or
appointment" and replacing it with "at the time of filing for election or
appointment."
Motion carried without dissent
February 5, 2009 Crystal City Charter Meeting
Page 2 of 2
V. Review spreadsheet of comments/questions provided by commission
members to the city clerk
The commission discussed Charter Sections 6.05 and 6.06 regarding
purchases and contracts by bid. There was concern on the part of some
members that the City is required to accept the lowest bid on City contracts.
The city attorney said that the bidder must be deemed to be a responsible
bidder by the City and may consider the company's reputation as part of that
definition but that the opinion must be objective.
The $15,000 limit for purchases without Council approval was also discussed
and considered.
Moved by Commissioner Weidemann and seconded by Commissioner
Davidson to amend Charter Section 6.05 by raising the limit from $15,000 to
$25,000.
Motion carried without dissent
The commission debated section 2.07 on the absences of elected officials,
attendance requirements, and excused absences. The commission asked for
more information on this matter.
Moved by Commissioner Weidemann and seconded by Commissioner
Davidson to table this discussion.
Motion carried without dissent
V1. New Business
No new business was discussed.
VII. Adjournment
Moved by Commissioner Davidson and seconded by Commissioner Selton to
adjourn the meeting at 8:45 pm.
Respectfully submitted,
Recording Secretary Gail Van Krevelen
CRYSTAL CITY COUNCIL
SECOND WORK SESSION
WORKING AGENDA
Tuesday, April 21, 2009
To immediately follow the regular City Council Meeting
Conference Room A
Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the
City Charter, the Work Session of the Crystal City Council was held at p.m. on
Tuesday, April 21, 2009 in Conference Room A located at 4141 Douglas Drive, Crystal,
Minnesota.
I. Attendance
Council members
Grimes
J. Moore
Selton
Anderson
Bowman
Hoffmann
0-IT`I
HEX.=.
Staff
Norris
Norton
Mathisen
Lewis
Banick
Peters
Hansen
The purpose of the work session is to discuss the following agenda items:
® 2010 Budget Parameters; and
® Updates on the water meter replacement project.
Ill. Adjournment
The Work Session adjourned at p.m.
GACIty ClerMounclMork sessions\wsagenda4-21-09after.doc
TO: Mayor and City Council
FROM: Anne Norris, City Manager Pbk-
SUBJECT: 2010 Budget — General
Although its only April, it's time to start thinking ahead to the 2010 budget process.
Attached are proposed budget calendars for the general, capital and utility funds. You
will see there are three work sessions for August (6, 13, and 20) to review the general
fund and capital budgets.
And while the Legislature has not completed its work on balancing the State budget or
really inkled possible solutions, we need to start thinking about parameters and
assumptions to use as staff prepares the 2010 budgets.
Listed below are assumptions Finance Director Charlie Hansen and I are making as we
proceed with the 2010 budget.
Revenues;
LGA - Based on Governor Pawlenty's budget messages, we anticipate a loss of
at least $1.1 million in Local Government Aid.
Investment Income — will continue to be lower than in years past.
Other revenues — most other revenues are likely to be relatively flat or any
increases (such as increased rental license revenues) will likely cancel out
decreases (building permit revenues).
Levy limits — currently still in place for 2010; no indication from the Legislature
about any change in that status. Assuming the existing exemptions remain, it
will still be possible to increase our levy by using exemptions and special levies,
such as debt service levies.
Possible new revenues:
Franchise fees — representatives of Xcel Energy and Center Point will be at the
May 14 work session to discuss franchise fees with the Council. Depending on
the amount of franchise fee, this could generate approximately $400,000.
Vacant property registration — the Council is considering first reading of an
ordinance establishing this fee at its April 21 meeting. At a $500 fee, this could
potentially generate $100,000 of annual revenue, assuming we have 200 vacant
properties.
Expenditures:
Budget growth — assume no more than 1 % growth (is this too unrealistic —
either way?)
Wages — Assuming Governor Pawlenty prevails, a wage freeze for all
employees. Or is a modest (1 %) more palatable if no state mandate?
Staffing — Selective hiring freeze as positions become open.
PIR funding - restore to 100% funding, based on significant reductions in 2009
and vehicle and project replacements that have been delayed.
Capital projects — Maintain existing fleet and equipment, no new vehicles,
programs or initiatives.
County Road 81 — Paying for the local share will require a debt service levy,
probably in the neighborhood of $500,000.
Service levels - reduce services (not suggesting wholesale cuts) but if so,
which services to cut? As with the 2009 budget, we'll continue:
- No out of state travel/training for staff (add Council in 2010)
- decrease memberships (NLC, North Metro Mayors)
- reduced newsletter (quarterly issues)
- move more information to electronic/on-line
- no annual report issued
- suspension of exceptional performance and supervisory discretion
awards
- Frolics continue to pay for portion of city staff costs for event
- Reduction to WMFD budget
The Council should discuss and provide direction on these assumptions, particularly in
light of the upcoming meeting with the West Metro Fire Board and New Hope City
Council on April 29, but also for Crystal staff to use in budget development. As always,
please let me know what other information you need.
Attach:
CITY
OFCRYSTAL I E., L
PROPOSED 2010 BUDGET CALENDAR
GENERAL SCBEDULE
May 26, 2009 Tuesday Distribute 2010 budget worksheets for the General, EDA, and TIF Funds.
Worksheets include the fee schedule, revenues and expenditures.
Department goals sheets also distributed.
June 23, 2009 Tuesday Return 2010 revenue and operating budget requests for the General, EDA
and TIF Funds and department goals sheets due to the Finance Director.
Include all proposed expenditures.
June 26, 2009 Friday Consolidated 2010 budget requests and revenue estimates forwarded from
the Finance Director to the City Manager.
July 7, 2009 Tuesday Summary of department budget requests presented to the Senior Staff.
July 6 — July 24, 2009 City Manager, Asst, City Manager and Finance Director review operating
budgets and department goalswith respective departments.
July 20, 2009, Monday
Departments return proposed fee schedules to Finance Director.
July 28, 2009 Thursday
Summary of proposed budget presented to the Senior Staff.
July 31, 2009 Friday
Proposed budget and fee schedule finalized for Council packet
August 6, 2009 Thursday
City Council budget work session to review the General Fund and EDA
budgets and the fee schedule.
August 13, 2009 Thursday
City Council budget work session to review General Fund, EDA, PIR and
PERF.
August 20, 2009 Thursday Continue budget discussion as needed.
Sept. 1, 2009 Tuesday Last regular council meeting for adoption of the Preliminary 2010 Operating
Budgets and the preliminary tax levy by the CityCouncil. City mustselect
initial truth in taxation hearing date, a date for a reconvened hearing and
adopt the tax rate certification resolution.
Sept. 10, 2009 Thursday City Council budget work sessionto review fee schedule.
Sept. 29, 2009 Tuesday Update on budget developments presented to the Senior Staff.
October 6, 2009 Tuesday City Council adopts 2010 fee schedule, exclusive of the utilities section.
Dates TBD in Oct/Nov 2009 City Council budget work sessions continue for any changes to the proposed
tax levy and budgets for the General and EDA Funds. Review remaining
budgets for tax increment and debt service funds.
December 6, 2009 Monday Truth in Taxation Hearing at the regularly scheduled Council meeting.
(Dates for December6 and 14 are tentative and may change.)
December 14, 2009 Monday Continuation Hearing Date for the Truth in Taxation Hearing, if necessary.
December 15, 2009 Tuesday Review and adopt proposed levies and budgets for all funds.
CITY OF CRYSTAL
PROPOSED 2010 BUDGET CALENDAR
CAPITAL'•
May 12, 2009 Tuesday Distribute 2010 budget worksheets for Permanent Improvement
Revolving (PIR) and Police Equipment Revolving Funds (PERF)
handed out. Worksheets include CIP matrix
June 5, 2009 Friday Departments return Proposed PIR. and PERF budgets to Finance
Director.
June 9, 2009 Tuesday Summary of department budget requests presented to the Senior Staff.
June 22 - July 2, 2009 City Manager, Asst, City Manager and Finance Director review
capital budgets with respective departments.
July 7, 2009 Tuesday Summary of proposed PIR and PERF capital projects presented to the
Senior Staff.
July 24, 2009 Friday PIR and PERF capital projects finalized for Council agenda packets.
August 20, 2009 Thursday City Council budget work session to review General Fund, EDA, PIR
and PERF.
Dates TBD in Oct/Nov 2008 City Council work sessiors for PIR and PERF budgets.
December 15, 2009 Tuesday Review and adopt proposed levies and budgets for all funds
CITY OF CRYSTAL
PROPOSED 2010 BUDGET CALENDAR
UTILITY FUND'S BUDGETS AND RATES
The 2010 Rates Must be Adopted Early to Allow for Testing of Conservation Rates
May 12, 2009 Tuesday Distribute 2010 worksheets for utility funds operating budgets and
capital projects.
June 12, 2009 Friday Return 2010 budget worksheets for utility funds and utility capital
projects to Finance Director
June 22 — 26, 2009 Review budgets for utility funds. Prepare utility funds' rate study and
long-term capital improvementplan.
July 7, 2009 City Council budget work session for utility funds' rates and proposed
budgets.
July 21, 2009 Tuesday Adopt 2010 utility fee schedule at the regularly scheduled Council
meeting.
December 15, 2009 Tuesday Review and adopt proposed levies and budgets for all funds.
FROM: Tom Mathisen, Public Works Director & City EngineeK.,_
TO: Anne Norris, City Manager (for April 21 Council Work Session)
�
RE: Status of Installs and Related Issues
After the initial January -February contract required test run for the installation
process and operational testing, in early March the contractor was given the go
ahead to go "full speed ahead."
As of last week, approximately 1,600 of the nearly 8,000 installs were completed.
While several meter locations have some issues that are being resolved, nearly
all are transmitting data as designed. In fact, the "leakage detection" capability
has already resulted in numerous letters being sent to property owners alerting
them to a potential problem.
At present the contractor has put more resources into the project than originally
anticipated. The result is they have moved their completion date up by several
months to as early as late summer. But one of the problems being encountered
is higher than expected non-compliance regarding property owners setting up
appointments to change the meter and have the sump pump inspection report
completed.
The attached November 14 memo laid out a detailed six step process up to and
including the shutting off the water at the curb for failure to comply. Steps four
and five included a sequence of applying a $113 per quarter penalty, and then
after that bill's due date, steps are initiated to shut off the water.
The problem that Engineering and the Utility Departments now see, is that due to
the long time delays resulting from the quarterly billing cycle, the Contractor may
have long since completed the project and moved on to another project, before
the majority of the non-compliant customers have gone through both the penalty
billing cycle and then followed up with a lengthy shut off process. This would
leave the city staff with the job of installing hundreds if not more than a thousand
meters.
The purpose of the work session is to provide Council with an update and
options for speeding up the compliance process. Community Development also
has concerns about turning off water services, which will also be discussed.
Memorandum
rC_RYSTAL
DATE: November 14, 2008
TO: Mayor and City Council
Anne Norris, City Manager
FROM: Charles Hansen, Finance Director
SUBJECT: Discussion of the Mass Water Meter Change Program
Background:
The City of Crystal has awarded a contract for the mass replacement of water meters for all
customers of the City's water utility. Meetings are being held with the contractors to
establish procedures for communicating with customers, scheduling appointments to install
replacement meters, and dealing with uncooperative customers.
It is expected that most customers will cooperate and set up an appointment from our first
or second contact with them. A few customers will be uncooperative and we will progress
through a series of contacts and penalties to achieve entry into their building.
The purpose of this memo is to outline these steps and ensure that the City Council is
comfortable with them.
Process:
There is a total of 85 meter reading routes currently used as meter readers walls the city to
collect meter readings. These routes will be utilized as a convenient way to break down
the city into sections for the meter installations. Two or three routes will be selected at a
time to initiate first contact with customers to set up appointments. Appointments will be
in a one hour window of time so that customers won't have to wait unreasonable amounts
of time. It is expected to take about a year to work through the entire city.
It is proposed that the customer contact process will include the following steps:
1. First contact will be a letter mailed to the selected routes. The letter will explain
what is to happen, identify the contractors that will do the work, and ask the
customer to call the contractor to set up an appointment for the meter installation.
2. Second contact will happen ten days after the letter for those customers who didn't
call in to make an appointment. It will be a post card mailed to the customer and
will propose an appointment date and time. The proposed date will be ten days
after the postcard is mailed and the customer is asked to call the contractor to
change the appointment if the proposed date and time don't work for them.
3. Third contact will be for an installer to knock on the customer's door at the date
and time proposed on the postcard. If the customer doesn't answer the door, a door
tag will be hung on the door. The door tag will ask the customer to call the
contractor to set up an appointment for the meter installation.
4. Fourth contact will happen ten days after the installer left the door tag. It will be a
FINAL NOTICE letter. It will ask the customer to call the contractor within 30
days to set up an appointment for the meter installation and announce that failure to
do so will result in an "Access to property denied" fee being charged to the
customer on their next utility bill. The City of Crystal Utility Fee Schedule sets
this fee at $113 per incident, maximum of once per quarter for the year 2009. The
next utility bill for this customer may come up anywhere from one day to three
months after the 30 days set by the final notice expires.
Fifth contact will happen after the due date for the utility bill containing the access
to property denied fee. It will be a letter notifying the customer that water service
will be shut off unless they call the contractor to set up an appointment for the
meter installation. The process for shutting off water service is outlined in the
Crystal City Code section 715.67. The letter must be mailed not less than ten days
nor more than 30 days prior to the date of shut off. The owner or occupant may
request a hearing before the City Council to object to the shut off.
6. Sixth contact will be to shut off water service on the day specified in the letter
notifying the customer of the shut off and after the opportunity for the customer to
appear before the City Council. Most customers are expected to allow the meter to
be replaced at this point. The Community Development Department will be
notified of any who still refuse access to the water meter and they will post the
building as being "not habitable."
Ordinance Change:
It was decided that the City of Crystal will take this opportunity to join the great maj ority
of surrounding cities in billing for water service in units of 1,000 gallons instead of the
units of 100 cubic feet that Crystal has historically used.
The meter replacement project will take about a year to complete. During that year we will
have some meters reading in 100 cubic foot units and some in 1,000 gallon units. Gallon
unit readings will be converted back to cubic foot units for purposes of utility billing since
that system can only handle one unit of measure at a time.
cubic foot
The 2009 Utility Fee Schedule will list
whateverpointpoint we want to
ts and
some in 1,000 gallon units. The feeschedule will be ready t
switch over to billing in 1,000 gallon units.
However, the City Code Section 715.49 only allows for water to be billed in units of 100
cubic feet. The Code will need to be modified to allow for billing in either unit. We will
want to accomplish this change in the near term, but it isn't urgent since billing will still be
in cubic foot units for some time.
Conclusion:
The City Council should review these proposed procedures and determine if you are
comfortable with them as proposed or if you want to change them. Probably only the
ordinance change from billing in 1000 bic foot unit to 1,000 allon be sure that all of the pgocedures tare acceptable ts requires formal
City Council approval, but we wan
the City Council.