2009.05.05 Council Meeting PacketMEETING SCHEDULE
a) 6:00 — 6:55 p.m-
1910� �*�
up
EDA Meeting in the Council
Chambers
Regular City Council Meeting in the
Council Chambers
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111111 A
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00 PM
CRYSTAL CITY HALL
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Call to order
Approval of minutes from April 7, 2009 regular meeting *
CLOSED SESSION: Consider formulating offers to acquire the following properties
on a voluntary basis.**
6030 Lakeland Ave N
6043 Florida Ave N
6110 Lakeland Ave N
581756 1h Ave N
580956 1h Ave N
5565 Zane Ave N
5557 Zane Ave N
480056 1h Ave N
482456 th Ave N
5124 Hanson Ct
5232 Hanson Ct
5240 Hanson Ct
5224 Hanson Ct
5034 Welcome
5035 Welcome
4920 West Broadway
4725 Welcome Ave N
4733 Welcome Ave N
4741 Welcome Ave N
4801 Idaho Ave N
4809 Idaho Ave N
6028 42nd Ave N
6016 42nd Ave N
600042 nd Ave N
4171 Adair Ave N
3401 Douglas Dr N
3415 Douglas Dr N
3443 Douglas Dr N
3442 Douglas Dr N
3400 Douglas Dr N
3408 Douglas Dr N
3414 Douglas Dr N
3422 Douglas Dr N
611834 1h Ave N
3136 Douglas Dr N
3120 Douglas Dr N
Consider a resolution authorizing the Executive Director to sign documents for
scattered site acquisitions.***
Consider a resolution authorizing Tax Increment Financing reimbursement for
scattered site acquisitions.***
Other business
Adjournment
* Material attached
** Material will be distributed during closed session
*** Material will be distributed after closed session
05/01/09 GAEDA\Agendas\2009\05-05.doc
Minutes of the
Crystal Economic Development Authority
Regular Meeting
April 7, 2009
President Hoffinann called the regular meeting of the Crystal Economic Development Authority
to order at 7:35 p.m.
Upon call of the roll, the following members were present: David Anderson, ReNae Bowman,
Garry Grimes, Mark Hoffmann, Janet Moore, Laurie Ann Moore and Joe Selton.
The following staff members were present: Anne Norris, Executive Director; Patrick Peters,
Community Development Director; John Sutter, City Planner/Assistant Community
Development Director; and Steve Bubul, City Attorney.
Motion by Commissioner Anderson (L. Moore) to approve the minutes of the March 17, 2009
special meeting and work session.
Motion carried.
The EDA received the 2008 Annual Report as an informational item.
The EDA considered the 2009 Work Program.
Motion by Commissioner Anderson (Grimes) to approve the 2009 Work Program.
Motion carried.
The EDA considered the marketing plan for lot sales in 2009.
Motion by Commissioner Grimes (Moore) to approve the 2009 marketing plan developed by
staff and as presented in the staff report.
Motion carried.
The EDA considered acquisition of 6420 50"' Avenue North for demolition.
Motion by Commissioner Bowman (Hoffinann) to authorize the purchase of the subject property
for $43,000 and to authorize the Executive Director to execute documents necessary to complete
the purchase.
Motion carried.
The EDA considered acquisition of 6429 50"' Avenue North for demolition.
Motion by Commissioner Bowman (Selton) to authorize the purchase of the subject property for
$47,800 and to authorize the Executive Director to execute documents necessary to complete the
purchase.
Motion carried.
The EDA considered acquisition of 5325 35the Avenue North for demolition.
Motion by Commissioner Anderson (L. Moore) to authorize the purchase of the subject property
for $60,000 and to authorize the Executive Director to execute documents necessary to complete
the purchase.
Motion carried.
The EDA considered acquisition of 4633 Douglas Drive North for demolition.
Motion by Commissioner Hoffmann (Bowman) to authorize the purchase of the subject property
for $64,900 and to authorize the Executive Director to execute documents necessary to complete
the purchase.
Motion carried.
The EDA considered a Resolution authorizing the Executive Director to sign documents for four
scattered sit acquisitions.
Motion by Commissioner Anderson (Grimes) to adopt Resolution 2009-08 authorizing the
Executive Director to sign documents relating to the purchase of real properties at 6420 50th Ave
N, 6529 50" Ave N, 5325 35t11 Ave N and 4633 Douglas Dr N.
Motion carried.
The EDA considered a Resolution authorizing Tax Increment Financing reimbursement for four
scattered site acquisitions.
Motion by Commissioner L. Moore (Grimes) to adopt Resolution 2009-09 approving the terms
of an internal loan in connection with the acquisition of certain property in Redevelopment
Project No. 1.
Motion carried.
Motion by Commissioner Hoffmann (L. Moore) to adjourn the regular meeting.
The meeting adjourned at 8:13 p.m.
Marls Hoffinann, President
Garry Grimes, Secretary
MENNEM-WEaLm
TO: Crystal EDA
FROM: Patrick Peters, Deputy Executive Director
SUBJECT: Consider formulating offeres to acquire property on a voluntary
basis (for May 5, 2009, EDA Regular Meeting)
As a result of the discussion at the February 3 EDA work session, staff sent letters later
that month to owners of 73 properties across the city to elicit interest in the voluntary
sale of their property to the EDA. By the April 27 deadline, 26 property owners had
responded with written statements of interest to sell a total of 36 properties to the EDA
on a voluntary basis. Those properties are listed on the EDA agenda for this item.
As discussed at the February work session and at subsequent EDA meetings related to
the 2009 work program, the source of funds for the possible acquisitions is available tax
increment, primarily from #2150.
EDA staff, the city's finance director, and the FDA's TIF consultant have reviewed the
responses, and we will offer our recommendations for acquisitions to the EDA for
discussion on May 5. At that meeting, staff will seek EDA direction and authorization for
the voluntary acquisition of properties from the list of willing sellers.
Pursuant to M.S. 13D.05 Subd. 3(c)(1), the EDA may meet in closed session to
determine whether to make a purchase offer, and if so, how much to offer for each of
the properties. Material related to the formulation of offers will be distributed during
closed session.
Page 1 of 1
0 9 9
Crystal City Council
PRELIMINARY AGENDA
Board of Appeal & Equalization Meeting
Regular City Council Meeting
May 5, 2009
7:00 P.M.
Council Chambers
(Complete Meeting Schedule on last page)
CALL TO ORDER, ROLL CALL, AND PLEDGE OF ALLEGIANCE
11. BOARD OF APPEAL AND EQUALIZATION MEETING & PUBLIC HEARING
a. Discuss the 2009 Assessment Summary with Hennepin County Assessors
b. Open Public Hearing and receive comments from residents (names and addresses
must be stated)
c. Close public hearing and take action on 2009 Assessment Roll
Hennepin County Assessors will be at the hearing to respond to questions
and comments.
111. PROCLAMATIONS
a. The Mayor will proclaim May 5, 2009 as Eva Mae Slupske Day in the City of
Crystal.
b. The Mayor will proclaim May 15 as Peace Officer Memorial Day and the week of
May 10 — 15, 2009 as National Police Week in the City of Crystal.
IV. COUNCIL MEETING MINUTES
The Council will consider the minutes from the following meetings:
® The Regular City Council Meeting from April 21, 2009; and
® Two Council Work Sessions from April 21, 2009.
V. 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;
3. Adoption of a resolution amending the 2009 Fee Schedule (exclusive of the Utility
Billing Section);
Crystal City Council
Meeting Agenda
May 5, 2009
V. CONSENT AGENDA CONTINUED
4. Adoption of a resolution authorizing the cancellation of interest charges on an
assessment for property located at 5116 Fairview Ave N - PID 09-118-21-13-0078;
5. Approval of the Annual Traffic Signal Painting Contract, Project #2009-07;
6. Approval of City Hall Roof Replacement Consulting Services Contract, Project
#2009-14;
7. Acceptance of Tom Davis' resignation from the Planning Commission; and
8. Approval of naming Community Development Director Patrick Peters as a city
representative to Robbinsdale School District's Divestiture Plan Advisory
Committee.
V1. 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.)
VII. REGULAR AGENDA
1. The City Council will receive a presentation from City Forester James Burks
regarding a $50,000 IVIN Community Forest Bonding Grant.
Forester James Burks will provide brief information on this grant.
2. The City Council will consider a resolution authorizing the purchase of hardware for
Bassett Creek Park hockey boards, Project #2009-16.
Repair/rebuilding the Bassett Creek hockey rink remains in this year's PIR.
Recommend approval of the purchase.
3. The Council will consider the Second Reading of an ordinance and its
corresponding summary ordinance amending Section 400 of the Crystal City Code
(vacant building registration).
At its April 21 meeting, the Council approved the first reading of this
ordinance requiring all vacant properties to be registered, including contact
information and a maintenance plan for each vacant property. Recommend
approval of the second reading of this ordinance.
Page 2 of 3
Crystal City Council
Meeting Agenda
May 5, 2009
VIII. INFORMAL DISCUSSION AND ANNOUNCEMENTS
a. The Council will hold a work session at 7:00 p.m. on Thursday, May 14 in the
community room (downstairs) at City Hall.
b. Citizen Input Time will be held from 6-6:30 p.m. on May 19 in conference room A
at City Hall.
c. The next City Council Meeting will be at 7:00 p.m. on May 19 in the Council
Chambers at City Hall.
IX. ADJOURNMENT
X. MEETING SCHEDULE ON MAY 5, 2009
a) 6:00 — 6:55 p.m. EDA Meeting in the Council Chambers
b) 7:00 p.m. Regular City Council Meeting in the Council
Chambers
Have a great weekend! See you at Tuesday's meeting.
Page 3 of 3
Crystal City Council
Meeting Packet
May 2009 .y
/ t t'4 t't
J. BOARD
OF
APPEAL AND EQUALIZATION
PUBLIC HEARING
a. Discuss the 2009 Assessment Summary with Hennepin
County Assessors
b. Open Public Hearing and receive comments from
residents (names and addresses must be stated)
c. Close public hearing and take action on 2009 Assessment
Roll
WELCOME
To the
CRYSTAL LOCAL BOARD OF APPEAL AND EQUALIZATION
MAY 5, 2009
7:00 PM
�
The purpose of the Board of Appeal and Equalization meeting is to review the 2009
Estimated Market Value of the properties located in the City of Crystal. It is not to
review the current taxes already levied. Those values were subject to review last year.
C-urrent law provides for an annual real property assessment to be used in
determining taxes. All values are considered and adopted by the Local Board of
Appeal and Equalization as of January 2, 2009.
2. The 2009 Values are used to levy the taxes payable in 2010. The School District,
Hennepin County, the City of Crystal, and other taxing jurisdictions establish
budgets and levies later in 2009.
3. This board only has authority to review the 2009 Estimated Market Value.
I.11D I' 1: �Il�l'�R
1. The Chair of the Board of Review will call on each property owner requesting to
be heard (the order is based on the number on the application form). Please
complete the form and submit it to the staff.
2. You are responsible for presenting evidence to the Board as to why the valuation
placed on your property by the Assessor does not represent fair market value as of
January 2, 2009. Please speak to this issue and not the amount of taxes, or
increase in taxes or value.
3. After you have stated your concerns, the Board will then discuss your case. They
will either direct the Assessor's staff to do further research for a subsequent
meeting or make an immediate decision. The Local Board of Review has the
authority to lower, leave the same, or raise the value of any property in the City.
The total amount that they can change the tax base of the entire city is restricted to
1 % of the total value of Crystal.
4. If you are not satisfied with the Board's decision, an appeal may be made to the
County Board of Equalization, which convenes on June 15, 2009 running for up
to two weeks. The deadline for making an appointment to appear there is June
3rd, 2009. The number to call is 612-348-7050.
LOCAL BOARD OF APPEAL AND EQUALIZATION
SUMMARY OF DUTIES AND RESPONSIBILITIES
Most of the -responsibilities listed under the Local Board of Appeal and Equalization are
statutory, primarily found in Minnesota Statutes 274.01.
The first responsibility is attendance. The Local Board of Appeal and Equalization is
an official public meeting similar to a City Council meeting and can not convene
without a quorum. In addition to the local assessor, the county assessor, or one of
.
his/her assistants is required to attend.
At least one member must be present at each meeting of the Local Board of Appeals
and Equalization (beginning in 2006) that has attended an appeals and equalization
course as developed and approved by the Commissioner of Revenue.
The valuation notices shall be in writing and be sent by ordinary mail at least ten -
calendar, days before the meeting of the board. The valuation notice will include the
dates, places and times set for the meetings of the Local Board of Appeal and
Equalization as well as the Hennepin County Board of Appeal and Equalization.
The meetings must be held between April I and May 31 each year. The County
Assessor shall fix a day and time when the Local Board of Appeal and Equalization
shall meet. The board must complete its work and adjourn within 20 days from the
time of convening stated in the notice of the clerk, i.e., calendar days -- original night
is day one.
The clerk shall give published and posted notice of the meeting at least ten days
before the date of the meeting.
0 Local Boards of Appeal and Equalization must see that all taxable property is
properly assessed, valued, and classified for all current assessments. The board may
consider both real and personal property.
If any property has been omitted, the board must correct the assessment by adding it
to the list of assessments along with its market value.
The board may not increase or decrease by percentage all assessments in a district of
a given class of property. Changes in the aggregate to assessments are by class and
are made by the county board of equalization.
Although the Local Board of Appeal and Equalization has the authority to increase or
decrease individual assessments, the total of such adjustments must not reduce the
aggregate assessment by more than one percent. If the total reductions would lower
the aggregate assessments by more than one percent, none of the adjustments may be
made. The assessor shall correct any clerical errors or double assessments discovered
by the board without regard to the one percent limitation.
The local board does not have the authority to reopen former assessments onwhich
taxes are due and payable. The board only considers assessments in -the current year.
The board may find instances of undervalued properties., The board must notify the
owner of the property that the value is going to be raised. The property owner.may
then appear before the board if they so wish.
It is the -primary duty of each local board to examine the assessment record to see that
all taxable property in the assessment district has been properly placed upon the list
and valued by the assessor. - The local boards do not have the authority to address
exemption issues. Only the cowity assessor has the authority to exempt property -
A taxpayer may appear in person,, by council, or written communication to present his
or her objection to the board. The focus of the appeal must center on the factors
influencing the estimated market value or classification placed on the property.
All changes will be entered into the assessment books by the county assessor's office.
Before adjourning, the I * ocal board should prepare an official list of the changes. The
law requires that the changes be, listed on a separate form. All assessment * s that have
been increased or decreased should be shown. as prescribed on the form along with.
their market values. The record-InWt be.signed'an d dated by the members of the
Local Board of AppealA Equalization.
and
The Hennepin County Board.of Appealand.Equalization.begins meeting*�on:
June l5,2009
All appointments must be scheduled no later than Wednesday June 3, 2009 by calling
the Hennepin County Taxpayer Services Office at:
(612) 348-7050
%C.#*rystal City •-
Meeting Packet
May 5, 2009
Ill. PROCLAMATIONS
a. The Mayor will proclaim May 5, 2009 as Eva Mae Slupske
Day in the City of Crystal.
b. The Mayor will proclaim May 15 as Peace Officer
Memorial Day and the week of May 10 — 15, 2009 as
National Police Week in the City of Crystal.
E1 Douglas Drive North. Crystal, Minnesota 55422-1696
(763) 531-1000 . Fax: (763) 531-1188 . www.d.crystalmn.us
z.F M, 411
MAE SLUPSKE DAY IN CRYSTAJ
MAY 5, 2009
WHEREAS, Eva Mae Slupske was born on May 5, 1919; and
WHEREAS, Eva Mae Slupske and her husband, Thomas, moved to Crystal in
1952 before the streets were surfaced or city water and sewer were
available; and
WHEREAS, Eva Mae Slupske and her husband raised two children in Crystal;
and
WHEREAS, Eva Mae Slupske still lives in the same house she moved into in
1952 and is one of three original homeowners in her neighborhood;
and
WHEREAS, Eva Mae Slupske's constant presence in her Crystal neighborhood
is one of the reasons Crystal is a stable community; and
WHEREAS, Eva Mae Slupske's loyalty to Crystal is acknowledged and greatly
appreciated.
NOW, THEREFORE, 1, ReNae J. Bowman, Mayor of the city of Crystal do hereby
proclaim May 5, 2009 as EVA MAE SLUPSKE DAY in the city of Crystal.
Dated this 5th day of May, 2009
ReNae J. Bowman, Mayor
T
"TAV - M, -TINA
Iry x I
MAY 15, 2009
WHEREAS, May 10 to May 16, 2009, has been declared nationally as
NATIONAL POLICE WEEK AND Friday, May 15, 2009 as PEACE
OFFICER MEMORIAL DAY,
WHEREAS, On average a peace officer is killed every three days in the United
States;
WHEREAS, Nearly 200 law enforcement officers are injured in the line of duty
daily in the United States;
WHEREAS, The Crystal Police Department will join nearly 780,000 peace
officers nationwide in commemorating fallen officers on May 15,
2009, by wearing black bands on their badges in memory of those
officers who have given their lives in the line of duty;
WHEREAS, Law Enforcement Memorial Day serves as a reminder to everyone
in the community of the sacrifice and commitment to duty by peace
officers throughout the country on a daily basis;
NOW, THEREFORE, 1, ReNae Bowman, Mayor of the City of Crystal, in
recognition of NATIONAL POLICE WEEK join with others across the nation to
proclaim the City of Crystal's support and appreciation for our peace officers and
proclaim Friday, May 15, 2009, as LAW ENFORCEMENT OFFICERS
MEMORIAL DAY in the City of Crystal to commemorate those law enforcement
officers nationwide who have made the ultimate sacrifice of their lives for the
greater good and safety of the community and encourage the community to
observe POLICE WEEK and PEACE OFFICER MEMORIAL DAYwith
appropriate programs, ceremonies, activities and the flying of flags at half staff.
Dated this 5th day of May 2009
ReNae J. Bowman, Mayor
Crystal City Council
Meeting Packet
May 5, 2009
IV. COUNCIL MEETING MINUTES
The Council will consider the minutes from the following
meetings:
® The Regular City Council Meeting from April 21, 2009;
and
® Two Council Work Sessions from April 21, 2009.
Crystal City Council First Work Session minutes April 21, 2009 1791
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 6:30 p.m. on
Tuesday, April 21, 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 clerk 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 M. Norton, Police Chief J.
Banick, and City Clerk J. Lewis
OTHER: Charter Commission Chair S. Erickson
II. AGENDA
The Council and staff discussed proposed amendments to Sections 2.04, 2.07, and
6.05 of the City Charter.
111. ADJOURNMENT
The work session adjourned at 6:50 p.m.
ReNae J. Bowman, Mayor
ATTEST:
Janet Lewis, City Clerk
G:\Council\Minutes2009\min4-21-09wsbefore.doc -1791-
Working Agenda April 21, 2009
1792
CALL TO ORDER, ROLL CALL, AND PLEDGE OF ALLEGIANCE
Pursuant to due call and notice thereof, the Regular Meeting of the Crystal City
Council was held on Tuesday, April 21, 2009 at 7:00 p.m., 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
Hoffmann, Anderson, L. Moore, Grimes, Selton, J. Moore, and Bowman
STAFF
City Manager A. Norris, City Attorney M. Norton, Police Chief J. Banick, Public Works
Director/City Engineer T. Mathisen, Community Development Director P. Peters,
Assistant Community Development Director/City Planner J. Sutter, and City Clerk J.
Lewis.
Mayor Bowman led the Council and audience in the Pledge of Allegiance.
11. COUNCIL MEETING MINUTES
The Council considered the minutes from the following meetings:
® Regular City Council Meeting from April 7, 2009; and
® Three Council Work Sessions from April 7, 2009.
Moved by Council Member Grimes and seconded by Council Member L. Moore to
approve the minutes of the following Council Meetings, in a single motion:
® Regular City Council Meeting from April 7, 2009; and
® Three Council Work Sessions from April 7, 2009.
Motion carried.
111. CONSENT AGENDA
The Council considered the following items, which are routine and non -controversial
in nature, in a single motion:
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.
Moved by Council Member Hoffmann and seconded by Council Member
Anderson to approve the consent agenda.
Motion carried.
0..1C .. Mlhfi.2.09.i.Y2149.&1792
Working Agenda April 21, 2009
1793
IV. PUBLIC HEARINGS
1. Mayor Bowman declared this was the date and time advertised for a public
hearing at which time the City Council received public comment for the
construction of Twin Oak Pond Project #2007-20.
Public Works Director/City Engineer T. Mathisen addressed the Council.
Mayor Bowman opened the public hearing for testimony. There being no one
wishing to appear before the Council to give testimony, the Mayor declared the
public hearing closed.
No Council action was necessary.
2. Mayor Bowman declared this was the date and time advertised for a public
hearing at which time the City Council received public comment for the Phase 10
Welcome Park Street Project #2008-10 Assessment Roll
Public Works Director/City Engineer T. Mathisen addressed the Council and
answered questions.
Aaron Ditzler, of SEH Consulting Group, presented to the Council and audience.
Mayor Bowman opened the public hearing for testimony.
Written testimony submitted with objections to the project:
® Edward Johnson, 4355 Xenia Ave N
® Carolyn Cooper, 4641 Xenia Ave N
a Lori Ulick, 4701 Welcome Ave N
® Marie Lehn, 4319 Welcome Ave N
Angela Zegar, 4251 Xenia Ave N
Densie Zechmann, 4623 Colorado Ave N
Robert and Jane Casper, 4630 Colorado Ave N
The following persons addressed the Council in-person:
® Paul Amundson, 4542 Zane Ave N, objected to the project
a Rebekah Archer, 4401 Brunswick Ave N, objected to the project
a Monty Carlson, 4761 Adair Ave N, objected to the project
0 Carolyn Cooper, 4641 Xenia Ave N, objected to the project
0 Tony Edmunds, 4265 Vera Cruz Ave N, objected to the project
0 Amy Eggersgluess, 4856 Yates Ave N, objected to the project
® Wayne Jacobsen, 6115 — 45th Ave N, objected to the project
0 Kristi Pingel, 4367 Colorado Ave N, objected to the project
0 Wallace Roles, 6112 — 47th Ave N, objected to the project
a Denise Zechmann, 4623 Colorado Ave, objected to the project
1c... I )A.a 1793
Working Agenda April 21, 2009
1794
IV. PUBLIC HEARINGS CONTINUED
Jim McGuire, 4601 Xenia Ave N, objected to the project
Chuck Tostenson, 4371 Brunswick Ave N, favored the project
Joel Van Risseghem, 4500 Brunswick Ave N, objected to the project
There being no one else wishing to appear before the Council to give testimony,
the Mayor declared the public hearing closed.
Moved by Council Member L. Moore and seconded by Council Member
Hoffmann to adopt the following resolution, the reading of which was dispensed
with by unanimous consent:
RESOLUTION NO. 2009 - 31
ADOPTING ASSESSMENT ROLL FOR PROJECT #2008-10,
PHASE 10 WELCOME PARK NEIGHBORHOOD
STREET RECONSTRUCTION
By roll call and voting aye: Bowman, Grimes, Hoffmann, J. Moore, L. Moore and
Anderson; voting nay: Selton.
Motion carried, resolution declared adopted.
V. OPEN FORUM
No public comment was given during open forum.
VI. REGULAR AGENDA
1. The Council considered 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, and Doyle's Bowling & Lounge, 5000 West Broadway.
Red Dragon Liquors 5924 West Broadway
Red Dragon Liquors owner Santokh Bir Singh submitted a letter admitting the
violation.
Moved by Council Member Grimes and seconded by Council Member Anderson
to impose the following penalties: 1 -day license suspension to begin on a
Thursday with the city clerk determining the suspension date; and a $750 civil
fine due and payable to the City by 4:30 pm, Thursday, May 7, 2009 and failure
to submit payment shall result in immediate license revocation until the fine is
paid in full, for Red Dragon Liquors located at 5924 West Broadway.
Voting aye: Bowman, Selton, Anderson, Hoffmann, J. Moore, Grimes, and L.
Moore.
Motion carried.
GX ... Msfi.2.07.i.42 I .9.d.. 1794
Working Agenda April 21, 2009
1795
VI. REGULAR AGENDA CONTINUED
Crystal Wine & Spirits 4920 West Broadway
Crystal Wine & Spirits Owner Xia Yang submitted a letter admitting the violation.
Moved by Council Member Hoffmann and seconded by Council Member Grimes
to impose the following penalties: 1 -day license suspension to begin on a
Thursday with the city clerk determining the suspension date; and a $750 civil
fine due and payable to the City by 4:30 pm, Thursday, May 7, 2009 and failure
to submit payment shall result in immediate license revocation until the fine is
paid in full, for Crystal Wine & Spirits located at 4920 West Broadway.
Voting aye: Bowman, Selton, Anderson, Hoffmann, J. Moore, Grimes, and L.
Moore.
Motion carried.
Doyle's Bowling & Lounge 4900 West Broadway
Owner Rita Gardner admitted the violation before the Council.
Moved by Council Member L. Moore and seconded by Council Member
Anderson to impose the following penalties: 1 -day license suspension to begin
on a Thursday with the city clerk determining the suspension date; and a $750
civil fine due and payable to the City by 4:30 pm, Thursday, May 7, 2009 and
failure to submit payment shall result in immediate license revocation until the
fine is paid in full, for Doyle's Bowling & Lounge located at 4900 West Broadway.
Voting aye: Bowman, Selton, Anderson, Hoffmann, J. Moore, Grimes, and L.
Moore.
Motion carried.
2. The Council considered the First Reading of an ordinance relating to vacant
building registration.
Community Development Director P. Peters addressed the Council and
answered questions.
Moved by Council Member Anderson and seconded by Council Member Grimes
to adopt the following ordinance:
ORDINANCE NO. 2009 -
And further, that the second reading be held on May 5, 2009.
Voting aye: Bowman, Selton, Anderson, Hoffmann, J. Moore, Grimes, and L.
Moore.
Motion carried.
1795
Working Agenda April 21, 2009 1796
VI. REGULAR AGENDA CONTINUED 6th
3. The Council considered a sign variance at 7700 — 3 Ave N (Winnetka Village
apartments).
Assistant Community Development Director/City Planner J. Sutter addressed the
Council and answered questions.
Manager of Heritage Winnetka Village Apartments (Lindsey) addressed the
Council.
Moved by Council Member L. Moore and seconded by Council Member
Anderson to deny the sign variance at 7700 — 36th Ave N, as recommended by
the Planning Commission at its meeting on April 13, 2009, and based on the
findings of fact outlined in Section B of the Staff Report.
By roll call and voting aye: Grimes, Hoffmann, Selton, J. Moore, L. Moore, and
Anderson; voting nay: Bowman.
Motion carried.
4. The Council considered two resolutions relating to the Phase 10 Street
Reconstruction Project #2008-10; A) approving a contract for Materials Testing
Laboratory and B) awarding contract for Project #2008-10 Phase 10 Welcome
Park Neighborhood Street Reconstruction.
Public Works Director/City Engineer T. Mathisen addressed the Council and
answered questions.
Moved by Council Member L. Moore and seconded by Council Member Selton to
adopt the following resolution, the reading of which was dispensed with by
unanimous consent:
RESOLUTION NO. 2009 - 32
APPROVING CONTRACT FOR PHASE 10 PROJECT #2008-10,
MATERIALS TESTING LABORATORY
Voting aye
Moore.
Bowman, Selton, Anderson, Hoffmann, J. Moore, Grimes, and L.
Motion carried, resolution declared adopted.
WC ... 1Mfl,,-20D9m1,,4-2 1-0 .d.. 1796
Working Agenda April 21, 2009
1797
VI. REGULAR AGENDA CONTINUED
Moved by Council Member L. Moore and seconded by Council Member Grimes
to adopt the following resolution, the reading of which was dispensed with by
unanimous consent:
RESOLUTION NO. 2009 - 33
AWARDNG CONTRACT FOR PROJECT #2008-10,
PHASE 10 WELCOME PARK NEIGHBORHOOD STREET RECONSTRUCTION
Voting aye: Bowman, Selton, Anderson, Hoffmann, J. Moore, Grimes, and L.
Moore.
Motion carried, resolution declared adopted.
5. The Council considered 2009 Alley Project Feasibility Report and ordering a
public hearing for Project #2009-06.
Public Works Director/City Engineer T. Mathisen addressed the Council and
answered questions.
Moved by Council Member Grimes and seconded by Council Member L. Moore
to adopt the following resolution, the reading of which was dispensed with by
unanimous consent:
RESOLUTION NO. 2009 - 34
RECEIVING THE 2009 ALLEY CONSTRUCTION
FEASIBILITY REPORT AND ORDERING THE
HEARING ON IMPROVEMENT PROJECT #2009-06
Voting aye: Bowman, Selton, Anderson, Hoffmann, J. Moore, Grimes, and L.
Moore.
Motion carried, resolution declared adopted.
WC.... 1797
Working Agenda April 21, 2009
1798
VI. REGULAR AGENDA CONTINUED
6. The Council considered ordering a public hearing on proposed amendments to
Sections 2.04 and 6.05 of the Home Rule City Charter.
City Manager Anne Norris addressed the Council and answered questions.
Moved by Council Member Hoffmann and seconded by Council Member L.
Moore to order a public hearing on May 19, 2009 to consider proposed
amendments to Sections 2.04 and 6.05 of the Home Rule City Charter.
Voting aye: Bowman, Selton, Anderson, Hoffmann, J. Moore, Grimes, and L.
Moore.
Motion carried.
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.
63-531-1158.
VIII. ADJOURNMENT
Moved by Council Member L. Moore and seconded by Council Member J. Moore to
adjourn the meeting.
Motion carried,
The meeting adjourned at 9:36 p.m.
ReNae J. Bowman, Mayor
ATTEST:
Janet Lewis, City Clerk
We .. d0ji'Zwlfti"Y2 I A9'd" 1798
Crystal City Council Second Work Session minutes April 21, 2009 1799
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 9:45 p.m.
on Tuesday, April 21, 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 clerk recorded the attendance with the following members:
COUNCIL: Grimes, J. Moore, Selton, Anderson, Bowman, Hoffmann, and L.
Moore
STAFF: City Manager A. Norris, City Attorney M. Norton, Police Chief J.
Banick, Public Works Director/City Engineer T. Mathisen, and City
Clerk J. Lewis
II. AGENDA
The Council and staff discussed the following agenda items:
® Updates on the water meter replacement project;
® 2010 budget parameters; and
® The upcoming joint work session with WMFRD and New Hope City Council.
111. ADJOURNMENT
The work session adjourned at 10:30 p.m.
ReNae J. Bowman, Mayor
ATTEST:
Janet Lewis, City Clerk
G:\Council\Minutes2009\min4-21-09wsafter.doc -1799-
Crystal City Council,
Meeting Packet
May 5, 2009
V. 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;
3. Adoption of a resolution amending the 2009 Fee Schedule
(exclusive of the Utility Billing Section);
4. Adoption of a resolution authorizing the cancellation of
interest charges on an assessment for property located at
5116 Fairview Ave N - PID 09-118-21-13-0078;
5. Approval of the Annual Traffic Signal Painting Contract,
Project #2009-07;
6. Approval of City Hall Roof Replacement Consulting
Services Contract, Project #2009-14;
7. Acceptance of Tom Davis' resignation from the Planning
Commission; and
8. Approval of naming Community Development Director
Patrick Peters as a city representative to Robbinsdale
School District's Divestiture Plan Advisory Committee.
APPLICATIONS i OR LICENSE
MAY 59 2009
GAS INSTALLER
Dakota Mechanical 575 Minnehaha Ave W St Paul, MN 55103
TNC Industries P O Box 326 Wayzata, MN 55391
PLUMBER
Commercial Plumbing & Heating 24428 Greenway Ave Forest Lake, NIN 55025
Dakota Mechanical 575 Minnehaha Ave. W. St. Paul, MN 55103
Jenns Plumbing 8984 Comstock LN N Maple Grove, MN 55311
Practical Systems 4342B Shady Oak Rd Hopkins, MN 55343
RENTAL — NEW
4749 Georgia Ave N -Clayton and Tammy Duggan (Conditional)
RENTAL — RENEWALS
4516 Douglas Dr N — Patricia Hutchinson (Conditional)
4559-4563 Douglas Dr N — Donald Brasch (Conditional)
5127 Edgewood Ave N — C. Xiong for P M Xiong/M Y Xiong (Conditional)
3220 Hampshire Ave N — Kevitt Development (Conditional)
5330 Kentucky Ave N — Mary J. Tjosovold (Conditional)
3436 Major Ave N — Judith DuPaul (Conditional)
4532 Maryland Ave N — Mike and Jane Mealey (Conditional)
3416 Noble Ave N — Glendon Ewalt (Conditional)
3432 Perry Ave N — G J Pappas & G L Armborst
3733 Welcome Ave N — Evelyn M Hayhurst
632736 th Ave N — Gina Kilgore
6802 37th Ave N — Kevin and Debbie Kreatz
6500 46th PI N — Scott and Colleen Fischer (Conditional)
710552 nd Ave N — Steve and Karen Grotting (Conditional)
532853 d Ave N - Galen and Teresa Watje (Conditional)
782558 th PI N — Lori Terrell (Conditional)
SIGN HANGER
Fish & LaBeau Signs Inc. 5170 West Broadway, Crystal, MN 55427
TREE TRIMMER
Annatone Tree Service 7929 Zane Ave N Brooklyn Park, MN 55443
Golden Leaf Tree Service 1400 Sumter Ave N Golden Valley, MN 55427
1 of 1 5/1/2009
�crrrof'
KYSTAL
F—
DATE: April 28, 2009
TO: Anne Norris, City Manager
City of Crystal City Council
FROM: Charlie Hansen, Finance Director C'
PERA P/R 04/17/09 Employee/City Contributions
RE: Expenditures over $15,000
Payee
IRS
PERA
Health Partners
Hennepin County Treasurer
Crystal, City of
Golden Valley JWC
HD Supply Waterworks Ltd.
LOGIS
Metro Council Environmental SE
RAM Construction Services
M&I Marshall & Ilsley Bank
0 \My\M..\Chcc1. .,w 15.000.xis
Description Amount
Social Security/Medicare - Federal Tax W/H P/R 04/17/09
46,338.01
PERA P/R 04/17/09 Employee/City Contributions
37,835.86
May premiums
80,308.39
LED signal changeout
55,963.19
Phase 10 special assessments, various addresses
31,966.50
March water costs
106,632.15
Water meter replacement program
148,421.32
March support and services
21,386.58
May waste water costs
101,456.73
Crystal reservoir tank repair
100,954.60
Purchase property 5325 35th Avenue North
59,924.44
791,187.77
TO: Mayor and Council Members
Anne Norris, City Manager
FROM: Charles Hansen, Finance Director C,
SUBJECT: Consideration of Resolution Amending the 2009 Fee Schedule -
Exclusive of the Utility Billing Section
Introduction:
Each year, the city reviews the fee schedule to insure that it is recovering the cost
of services and products that it provides to the public. The City Council reviewed
and adopted the 2009 fee schedules at meetings in October and November 2008.
This resolution adds three newifees.
Discussion:
Anything that was in the 2009 adopted fee schedules and is being removed is
shown in bold type and strikeeut. Additions or changes to the fee schedule are
shown in bold type. Only the page that incorporates the change is attached.
Liquor — bona-fida club on -sale licenses
The City had two licenses of this type until now. One was for clubs of up to 200
members and the other was for clubs of over 200 members. State law allows a
third license for clubs of over 500 members. The VFW has now exceeded 500
members. We are proposing to change the $500 license to be for clubs with 201
to 500 members and create a new $650 license with over 500 members.
Address change, administrative fee
It occasionally happens that a property owner will want to change the address
number on their property or change the street in the case of a corner lot. This is a
lengthy process that takes up to two hours of staff time. There has been no fee
charged for the service until now. We are proposing to charge a $100 fee for the
service.
Copies of Deeds and Liens on Property
The Administration Department now has the capability to view and print certain
county records like deeds and liens recorded against property. We anticipate
that the public will occasionally ask for this service. We propose to charge $2.00
for a non -certified copy of these documents. This will cover the cost of copying
and the staff time for a simple data look -up.
Recommended City Council Actions:
It is recommended that the City Council adopt the resolution to make the needed
changes to the 2009 Fee Schedule- Exclusive of the Utility Billing Section.
These changes will generate some additional revenue, but not enough to justify
amending the budget.
t
RESOLUTION AMENDING THE 2009 FEE SCHEDULE
(Exclusive of the Utility Billing Section)
WHEREAS, the City of Crystal adopted the 2009 Fee Schedule — Exclusive of the
Utilities Section on October 7, 2008; and
WHEREAS, state law allows a higher liquor license fee for clubs with over 500
members; and
WHEREAS, property owners request to change the street address of a property
which is a lengthy process; and
WHEREAS, the City has received the capability to view Hennepin County
records and print out deeds and liens on property and will do this at the request of and for
the benefit of citizens.
NOW, THEREFORE, BE IT RESOLVED by the Crystal City Council that the
attached fee schedule pages showing new fees for Liquor Licenses, Address Changes and
Copies of Deeds & Liens are adopted and incorporated into the Crystal City Code as
Appendix IV for the 2009 Fee Schedule — Exclusive of the Utility Billing Section.
Adopted by the Crystal City Council this 5�' day of May, 2009.
ReNae Bowman, Mayor
ATTEST:
Janet Lewis, City Clerk
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'ciE
CITY OF CRYSTAL
PID 09-118-21-13-0078
• FAIRVIEW AVENUE)
WHEREAS, in 2007, the Crystal City Council approved the feasibility study and
ordered the public improvement project #2007-09, Phase 9 of the Street Reconstruction
program (Cavanagh Oaks); and
WHEREAS, on April 15, 2008, the Crystal City Council approved assessments
for public improvement project #2007-09, Phase 9 of the Street Reconstruction program
(Cavanagh Oaks); and
WHEREAS, when the assessments for public improvement project #2007-09,
Phase 9 of the Street Construction program (Cavanagh Oaks) were approved on April
15, 2008, assessments were due and payable; and
WHEREAS, the property owner of PID 09-118-21-13-0078 paid the assessment
amount of $5000.34 in full in March 2009; and
WHEREAS, the property owner of PID 09-118-21-13-0078 didn't realize interest
had accrued in the amount of $535.75 and was also owed at the time the assessment
was paid in full; and
WHEREAS, the property owner of PID 09-118-21-13-0078 had a series of
significant personal hardships during the project approval and assessment payment
period in 2007 — 08.
NOW, THEREFORE, BE IT RESOLVED by the Crystal City Council that the
interest due on the assessment for PID 09-118-21-13-0078 be cancelled, due to the
significant personal hardships suffered by the property owner.
Be it further resolved that the Crystal City Council directs Hennepin County to
cancel the interest on the assessment for PID 09-118-21-13-0078 and that Hennepin
County take all actions necessary for this cancellation.
Be it further resolved that the City Manager is authorized to confirm such
cancellation with Hennepin County Taxpayer Services Division and take any other
action necessary to resolve this matter.
Approved this 5th day of May, 2009.
ReNae J. Bowman, Mayor
ATTEST:
Janet Lewis, City Clerk
FROM: Mick Cyert, Project Manager
ZAMA
TO: Tom Mathisen, Public Works Director & City Engineer (for June 3
City Council Meeting)
,fig
RE: QUOTES FOR 2009 TRAFFIC SIGNAL PAINTING, PROJECT 2009-07
Three contractors were invited to submit quotes for this year's Traffic Signal Painting
maintenance work, Project 2009-07, two responded. The low quote was submitted by
Aerial Painting, Inc. in the amount of $8460.00, Outdoor Lighting Services, Inc
submitted a quote of $8700.00. The quoted cost of $4170.00 for the painting of the
traffic signal system located at 42nd Ave. and Adair Ave. will be equally shared
($2085.00) with the City of Robbindale making the City of Crystal's obligation equal to
$6,375.00 for this years work.
Aerial Painting, painted five traffic signal systems for the City of Crystal in 2008. They
delivered quality workmanship, in a timely manor and fulfilled their contractual
obligations. Their quote of $8460.00, less Robbinsdale's portion, is $375.00 over the
$6000.00 we have budgeted for this year's work. I recommend our acceptance of their
quote.
1:\PUBWORKS\Projects\2009\Traffic Signa]\09memoquotes.doc
CITY -,f
,CRYSTAL
,�YSTAL
[Iff-VAIVIII! =,G* A
FROM: Tom Mathisen, Public Works Director & City Engineer
TO: Anne Norris, City Manager (for May 5 City Council Meeting)
DATE: April 30, 2009
RE: Consulting Services Contract Award Project 2009-14
In the 2009 PIR, $90,000 is budgeted to replace that portion of the City Hall roof
that was not impacted by the 1993 reconstruction of City Hall.
The consulting firm INSPEC has submitted a proposal totaling $13,600 to assist
the Engineering Department in the design, specification, and construction
inspection for this year's project. INSPEC specializes in this type of work, and
performed similar services for the City in 2008 for the Community Center and
North Fire Station re -roofing projects.
It is recommended that the contract be awarded to INSPEC.
Respec fully submitted,
Tom Mathisen
City Engineer/Public Works Director
1:/pubworks/projects/2009/2009-14 City Hall Roof/consultantmem
'es fit) ati'o r),
DearRenae and John,
Please accept my resignation from the Crystal Planning and Zoning Commission at this time. I have enjoyed
serving as a commissioner these past
several years.
I have particularly appreciated how the "tone" of the Commission has changed during these years. I think that
the Commission has become much less more often in a problem solving mode rather than strictly an
rigid, more "citizen/customer" friendly and
enforcement mode. This is in part due to a
changing membership, but also I think to an evolution in the thinking and actions of staff.
John, I have appreciated your thoughtfulness and the care and preparation that you and Jason take in your
presentations to the Commission. You -
educate us about issues, offer us options and never speak down to us. This has made it much easier to deal
with some very difficult issues over these
years. You also seem to know how to keep us gently on track.
Again, it has been my pleasure to serve on this Commission and I wish nothing but the best to you and the City
of Crystal.
Sincerely
Tom Davis
Disclaimer: Information in this message or an attachment may be government data and thereby subject to the
Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13, may be subject to attorney-client
or work product privilege, may be confidential, privileged, proprietary, or otherwise protected, and the
unauthorized review, copying, retransmission, or other use or disclosure of the information is strictly
prohibited. If you are not the intended recipient of this message, please immediately notify the sender of the
transmission error and then promptly delete this message from your computer system.
....... . ........
-
P
Memorandum
,CrfftRYSTAL
L
DATE:
April 28, 2009
TO: Mayor and City Council
FROM: Anne Norris, City Manager
SUBJECT: Robbinsdale School District's Divestiture Plan Advisory Committee —
Appointed Representative for Crystal
The Robbinsdale School District is creating a Divestiture Plan Advisory Committee to
formulate recommendations to the School Board about what to do with un -needed
buildings throughout the District. In Crystal, Cavanagh School is one of these facilities.
The Advisory Committee is to be composed of elected/appointed representatives as
well as citizen representatives of each city in the School District. The Committee will
meet in June and July to develop its recommendations.
Because of his understanding of land use and the Crystal Zoning Ordinance and Comp
Plan, I'm recommending Patrick Peters be Crystal's appointed representative to this
Committee.
Appoint Patrick Peters as Crystal's appointed representative to Robbinsdale School
District's Divestiture Plan Advisory Committee.
0%
Uryff's-2tal City Council
Meeting Packet
May 5, 2009
VII. REGULAR AGENDA
1. The City Council will receive a presentation from City
Forester James Burks regarding a $50,000 IVIN
Community Forest Bonding Grant.
2. The City Council will consider a resolution authorizing the
purchase of hardware for Bassett Creek Park hockey
boards, Project #2009-16.
3. The Council will consider the Second Reading of an
ordinance and its corresponding summary ordinance
amending Section 400 of the Crystal City Code (vacant
building registration).
March 25, 2009
James Burks
City of Crystal
4141 Douglas Dr. N
Crystal, MN 55422
Dear James:
Congratulations. Your application for a Minnesota Community Forest Bonding Grant has been
approved for the amount of $50,000. Of this total grant amount, the Steering Committee has
recommended using $25,000 for tree removals and $25,000 for planting. You will receive your
grant agreement paperwork as soon as possible.
The Bonding Grant Steering Committee had a daunting task trying to decide on the levels of grant
awards for the fine proposals submitted. Fortunately, the committee was able to award some funds
to all grant projects, though a number of the awards were for less than what was requested. The
project activities that were cut back the most were primarily tree removals. This was done to reflect
the program emphasis on community forest infrastructure investment.
If your award is less than you requested, you will need to submit a revised budget detail page from
your application form Please begin working on that now, so you can return it along with your
signed grant agreement. If you need assistance, please contact the DNR staff that you've been
working with. This program is generally set up on a reimbursement basis. That is, you will receive
the money for your. Bonding grant after you have completed the project. If you need a partial
payment in advance for purchase of trees or contractual services, you must receive the approval of
your DNR staff contact for that cash advance prior to requesting payment. Your grant agreement
(contract) will describe this process in detail.
We look forward to helping you implement a successful project. Again, congratulations and thank
you for your patience and your contributions to the long-term management of your community's
trees.
Sincerely,
�. 44�-/
/
Ken Holman, Community Forestry Coordinator
wwwAr.statenn.us
AN EQUAL OPPORTUNITY EMPLOYER
A®, PRINTED ON RECYCLED PAPER CONTAINING A MINIMUM OF 10% POST -CONSUMER WASTE
COUNCIL STAFF REPORT
ICITYlof
RYSTAL Proiect #2009-16 BASSETT HOCKEY BOARDS
FROM: Tom Mathisen, Public Works Director & City Engineer
TO: Anne Norris, City Manager (for May 5 City Council Meeting)
RE: Consider Quotes, Adopt Resolution Authorizing Purchase of
Hardware for Bassett Creek Park Hockey Boards
The hockey dasher boards at Bassett Creek Park are in a state of disrepair and have
outlived their useful life. Funds totaling $25,000 are budgeted in the Parks Department
2009 PIR to replace the boards. Two quotes shown on the attached resolution were
received.
The higher quote is $793 more than the lower quote, but the higher quote was more
specific and the materials are considered to be of better quality.
It is recommended that Council adopt the attached resolution awarding the material
purchase to Becker Arena Products.
IReRespectf Ily suRi,tted,
Thomas A. Mathisen
City Engineer
I:pubworks/projects/2009/2009-16 BassettHockeyBoards/awardmem
BASSETT CREEK PARK HOCKEY BOARDS
PROJECTIIS
WHEREAS, the City Manager's office has reviewed and recommends approval of
said appropriation; and
WHEREAS, adequate funds totaling $25,000.00 are in the 2009 Parks Department
PIR (#5056), and
WHEREAS, the existing hockey boards have outlived their useful life; and
WHEREAS, the City Council hereby acknowledges:
1- Maintaining City hockey rinks represents a benefit to the City and is consistent
with the City's long range goals, programs and policies.
2- The most suitable source of funding is the PIR; and
WHEREAS, the following quotes have been received:
Becker Arena Products $23,000.00
Tennis West 22,207.00; and
WHEREAS, while the Tennis West quote is lower, the details of the quote were not
as specific, and the materials are not considered to be of the same quality as that of Becker.
NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council hereby
appropriates $23,000.00 plus tax from the PIR Fund for the purchase of replacement
hardware for new dasher boards at Bassett Creek Park, from Becker Arena Products.
Adopted by the Crystal City Council this 5"' day of May 2009.
ReNae J. Bowman, Mayor
UVOUN"
Janet Lewis, City Clerk
I:pubworks/projects/2009/2009-16 BassettHockeyBoardsres
COUNCIL STAFF REPORT
711,11, Second Reading of Proposed Ordinance to R-
• g
ding
- C.
FROM: Patrick A. Peters, Community Development Director . ,b�
TO: Anne Norris, City Manager (for May 5, 2009 City Council Meeting)
41001101H�••
RE: Consider second reading of Vacant Building Registration ordinance
and accompanying summary ordinance for publication
Background
The proposed ordinance was discussed at the February 17 and April 7 Council work
sessions. The City Attorney has reviewed the proposed ordinance for form and scope.
Council approved the first reading of the proposed ordinance on April 21.
Overview
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.
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 second reading and adoption of the proposed
vacant building registration ordinance at its May 5 meeting. The effective date of the
ordinance would be on or about June 15, 2009.
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:
GAVacant Properties\2009-05-05 Second Reading Merno.doc
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 and a plan for maintaining the property in compliance with
applicable codes. The 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.
E. 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.
F. 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. 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 city may order demolition. If the owner does not demolish the building,
the city may commence abatement and cost recovery proceedings.
The only substantive change contemplated to the ordinance since first reading is to
delete the 'Waiver of fees" subsection. The proposed ordinance no longer would
provide for the waiving of the registration fee for non-exempt owners.
A change also was made to subsection 435.10 to clarify the responsibilities of new
owners of a registered vacant building.
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. Council will be
asked to consider establishing a flat registration fee of $500 per year in the fee
schedule prior to the effective date of the ordinance.
Recommendation
Staff recommends that the City Council consider the second reading and approval of
the proposed vacant building registration ordinance and accompanying summary
ordinance.
G:Wacant Properties\2009-05-05 Second Reading Merno.doc
r_1
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
parry 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 junk 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 terns 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, all 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
known 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 desefiptiefl-, tax parcel identification number and street address of the
premises on which the building is situated;
e) A deser-iPtion of the...eluding the eemmen addi--ess of the pr-epeft-y;
e
� The date the building became vacant, the period of time the building is expected
to remain vacant, and a property plan and timetable for returning the building to
appropriate occupancy or use and correcting code violations and nuisances, or for
demolition of the building;
g) f) The status of water, sewer, natural gas and electric utilities.
Page 2 of 8
l,.A/ g) 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 Plan. 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 sal may 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
fall prior to the issuance of any building permits or licenses, with the exception of a demolition
pen -nit.
01 NEI M. 1-9
.................
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Subd. -7 6. 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. 9 7. Issuance of Penni Registration. Upon completion of the registration process
and payment of the fee, the City will issue a Vacant Building Pefmit Registration to the owner.
The owner shall securely post the pefffii registration 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 pert registration 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. Ries or responsible part shall submit any
changes proposed to the property plan to the compliance official for review and approval as
required by section. 435 05 of this ordinance. For the purposes of this ordinance, a. new owner is
an "owner" as defined in subsection 435.03 who has purchased the vacant building since its
registration by the previous owner and has succeeded to all rights of that previous owner.
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, is unresponsive, 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 match the building
exterior or covered with a reflective material such as plexi -glass to simulate
windows.
ii. Temporary Securing. Untreated, exterior grade (CDX) plywood or similar
Page 5 of 8
structural panels may be used to secure windows, doors and other openings
for a maximum period of 90 days.
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.
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 cormected 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 terminated 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 walkways 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.
Page 6 of 8
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.
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
Page 7 of 8
shall be maintained in operating condition.
m) Loitering, criminal activities. Loitering or engaging in criminal activities is prohibited
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 under this code or state
law, including, but not limited to, Minnesota Statutes, sections 463.15 through 463.261.
Page 8 of 8
ORDINANCE # 2009-_
NXIMNII 1 111#17% 1 LIKA1111211215140M W WIN I iLloikzg-ej:avff.,T-,wjkkIl'w;lgjI1
(Summary Publication)
The city council has determined that pursuant to its city charter that Ordinance No. 2009 -
should be published in summary form.
AMENDMENT TO CITY CODE CHAPTER 400 RELATING TO REGISTRATION AND
REGULATION OF VACANT BUILDINGS
SUMMARY OF ORDINANCE # 2009 -
Ordinance No. 2009- has been approved by the city council on May 5, 2009. A printed
copy of the full text of the ordinance is available for public inspection in the office of the city
clerk.
The ordinance amends Chapter 400 of the City Code by adding a new Section 435 -
Vacant Building Registration. hl order to address the many problems associated with
vacant buildings, the ordinance mandates the registration of all vacant buildings by the
property owner or responsible parry within 30 days of the building becoming vacant. If
the owner fails to register the vacant building it can be registered administratively by the
city. The ordinance requires the owner or responsible party to develop a properly plan to
address utilities, nuisances, interior and exterior maintenance and a timetable to return the
building to occupancy. In the case of a non-cooperative owner, the ordinance provides
that the city can abate or correct the nuisance violations and recover its costs by means of
a special assessment. The ordinance provides limited exemptions for snowbirds and in
the case of fire damage. Ultimately, if the owner does not follow the property plan or the
building is vacant for 365 consecutive days, the building can be demolished. If the owner
fails to carry out the demolition, the city- is permitted to undertake demolition and to
recover its costs as provided currently in ordinance and statute.
ReNae J. Bowman
Mayor
ATTEST:
Janet Lewis
City Clerk
(Summary ordinance published on August _, 2008 in the Crystal/Robbinsdale Sun Post.)
3509541 MTN CR205-30