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2009.08.18 Council Meeting PacketMEETING SCHEDULE a) 6:00 — 6:30 p.m. a] C) d) e) Citizen Input Time in Conference Room A 6:30 — 6:45 p.m. 1st Council Work Session in Conference Room A to discuss: ® Necessary storm water improvements at 3317 Hampshire Ave N 6:50-6:65 p.m. 7:00 p.m. After the Council Meeting Special EDA Meeting in the Council Chambers Regular City Council Meeting in the Council Chambers 2nd Council Work Session in Conference Room A to discuss: Zoning text amendment pertaining to telecommunications towers Driveway approaches in the public right-of-way Tax abatement for 5209 West Broadway (NEAR) CRYSTAL CITY COUNCIL FIRST WORK SESSION WORKING AGENDA Tuesday, August 18, 2009 6:30 — 6:45 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 Work Session of the Crystal City Council was held at p.m. on Tuesday, August 18, 2009 in Conference Room A located at 4141 Douglas Drive, Crystal, Minnesota. I. Attendance Council members Staff Hoffmann Norris Selton Therres L. Moore Norton Anderson Banick Bowman Mathisen Grimes Peters J. Moore SIX=, The purpose of the work session is to discuss necessary storm water improvements at 3317 Hampshire Ave N. 111111. Adjournment The Work Session adjourned at _ p.m. GAGity ClerMounciWork sessions\firstwsagenda8-18-09.doc ............. COUNCIL STAFF REPORT cmjK 'Ysi Storm Water Improvements at 3317 Hampshire Ave N RYSTAL L FROM: Patrick A. Peters, Community Development Director AM TO: Anne Norris, City Manager (for August 18 City Council Work Session) DATE: August 13, 2009 RE: Discussion of necessary storm water improvements at 3317 Hampshire BACKGROUND The house at 3317 Hampshire was declared a hazardous structure in 2007, and the city eventually acquired the property through a negotiated settlement in February 2009. The house was built in 1978 on engineered pilings; it has structural concrete grade beams that support the foundation walls and slabs. The structure itself appears sound. However, due to poor sub -soils, the driveway has dropped significantly away from the garage slab; the deck that was removed from the rear of the structure also sank considerably; and the grade of the entire south and west portions of the lot has dropped, as well. As reported to you at a July work session, staff subsequently prepared detailed specifications to help in determining the cost of rehab. Staff also met with a real estate professional on site to identify a likely price for a fall 2009 listing. The suggested listing price considered rehab improvements, location and neighborhood, building condition and recent comparable sales. In consideration of 1) the high costs associated with the rehabilitation of the structure and the resulting net loss; 2) the unstable soils on the site; and 3) the history of hazardous conditions at this property, staff has determined that rehab and sale does not offer a reasonably beneficial outcome over the long term. STATUS At the July work session, staff presented the option of using the site for certain storm water management improvements by creating basins to pre -treat storm water from Valley Place before it enters the adjacent drainage ditch leading under Hampshire Avenue. The city retained Bolton & Menk, consulting engineers, to develop a preliminary concept for the improvements and to determine projected engineering and construction costs. That preliminary engineering report has been completed and is attached for your review. Preliminary construction costs for the project are $52,322, and engineering costs are estimated at $11,600, for an estimated total project cost of $63,922. Staff would like to discuss the report and the plan for the subject property with the Council at its August 18 work session. Important points: 1. In June 2008, the EDA adopted Resolution No. 2008-02 approving the terms of an interfund loan in connection with TIF #1 and authorizing reimbursement to the EDA from TIF #1 up to $300,000 for costs associated with property acquisition and rehabilitation. 2. The recently completed engineering study contemplates use of the site instead for construction of storm water management improvements upon demolition of the structure. 3. The determination to retain the property for storm water management purposes requires a modification of that 2008 Interfund Loan Resolution, which would justify the expenditure of available tax increment funds in TIF #1 for the construction of the storm water management improvements. ACTION Should the Council concur with the use of the property for storm water management purposes, the EDA will be asked at the August 18 special meeting to consider a resolution that finds that the overall needs of the Project are best served by retaining the subject property for storm water management purposes, thereby modifying the Interfund Loan Resolution of June, 2008. K ■: t Storm Improvements at Hampshire3317 August 2009 Bolton & Menk, Inc. Project No. 716.101335 I hereby certify that this plan, specification or report was prepared by me or under my direct supervision, and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. Lanol L. Leichty Date: Lic. No. 20846 Introduction The City of Crystal has recently acquired the residential lot at 3317 Hampshire Avenue. In evaluating the potential of this property to enhance storm water quality within the area, it is apparent that the site is well situated to be regraded to treat storm water runoff through a series of rain gardens. This report will provide an overview of the possibility of constructing necessary storm water system improvements on this property utilizing rain gardens for the purpose of enhancing the water quality of runoff from Valley Place (see Figures 1 and 2). Existing Conditions There are two watershed areas which could potentially be served by the stormwater treatment site. The watershed area that drains onto the south side of Valley Place consists of approximately 1.6 acres, and the watershed area on the north side of Valley Place is approximately 3.6 acres (see Figure 3). Land use in the watersheds consists of single family residential dwellings and urban streets. There is an existing storm sewer system that drains runoff from Valley Place for two and one-half blocks to the west of Hampshire Avenue. The lot where the storm water improvements are proposed to be constructed currently has an existing single-family home situated on it. The City is proposing to have this house demolished and removed prior to constructing any storm water improvements on this property. The existing grades of the lot at 3317 Hampshire Avenue are sloped to drain from the north toward the south. For the purpose of our evaluation, we made some assumptions regarding the post -demolition grades on the site. They are illustrated as existing contours in Figure 4. It appears that a portion of the existing foundation slab on the house may be deep enough so as not to impede the function of the proposed rain garden improvements on the site, particularly the northern half of the slab. In this case, the slab, or a portion thereof, could be left in place as part of the proposed improvements, if it was partially broken up, or otherwise prepared to allow water to flow through it. However, based upon our assumed elevation of 870 for the basement floor slab, the southern half of the slab would interfere with the lower proposed basin and should be reviewed during the demolition. It is recommended that site and foundation elevations be verified upon demolition of the house prior to implementing the recommended grading and rain garden improvements. Preliminary Engineering Report Page 1 Storm Water Improvements at 3317 Hampshire North City of Crystal, Minnesota BMI Project No. T16.101335 It looks as though fill material was originally placed on this lot to make it buildable, since there is a retaining wall varying from two to five -feet high along the south side of the property. There is an existing drainage ditch along the south property line of the lot that flows toward the east. This ditch collects water from Lions Valley Place Park and the backyards of homes on the south side of Valley Place. This ditch drains into a culvert beneath Hampshire Avenue and continues to flow toward the east. Rain Garden Sizing and Design This project would be considered a retrofit improvement. The rain garden site has been designed as a two basin system. The upper basin will be designed to operate either as an infiltration or a filtration system, while the lower basin will operate only as a filtration basin. The upper basin was sized for the contributing watershed area as an infiltration basin to accept runoff from a storm slightly larger than 1 -inch, while the lower basin was sized to add additional capacity for filtration treatment. In order to maximize the amount of impervious surface runoff reaching the rain garden, two storm sewer improvements are recommended on Valley Place. First, it is recommended that the catch basin grate at the southwest coiner of Valley Place and Jersey Avenue be bypassed in order to direct upstream flows to the rain garden site. The result of this action will create a 1.6 acre watershed on the southern half of Valley Place (see Figure 3). Secondly, it is recommended that a catch basin be installed on the north side of Valley Place, across from the proposed rain garden site, and direct the flow via storm sewer into the rain garden. The contributing watershed area to this catch basin on the north side of Valley Place consists of the homes on the north side of Valley Place and the southern half of the homes that are located on the south side of 34`h Avenue, from Hampshire Avenue to Jersey Avenue. This northerly watershed consists of 3.6 acres (see Figure 3). An overflow piping system will be installed in the upper infiltration basin that will allow excess water that collects to be drained into the lower filtration basin. An under -drain will be installed in a graded jacket installed in the bottom of the lower basin, which will outlet into the adjacent ditch. The under -drain in the lower cell will ensure that drainage will occur through filtration. The layout of the proposed rain gardens is illustrated in Figure 4 Preliminary Engineering Report Page 2 Storm Water Improvements at 3317 Hampshire North City of Crystal, Minnesota BMI Project No. T16.101335 An under -drain is also proposed to be installed in the upper infiltration basin which can be opened or closed with a valve. This will allow the upper basin to be operated as an infiltration basin or a filtration basin. If it is determined that the soils are so tight, too much clay content such that infiltration will not work properly, the valve can be opened to allow the upper basin to operate as a filtration basin. If this is done, the overflow outlet grate elevation should be raised to allow for 2 -feet of ponding depth. This will allow flexibility in the system to operate the facility at its' maximum capacity. An infiltration rate of 0.2-inch/hour was used for sizing the upper infiltration basin. This is the infiltration rate for a Type C soil, as recommended in the Minnesota Stormwater Manual. No geotechnical evaluation of the soil was performed. However, a visual on- site analysis of the soil texture showed that it appeared to closely resemble a sandy clay loam soil, which corresponds to a Type C soil. A water depth of 10 -inches was used for the infiltration basin, which corresponds to a recommended drawdown time of 48 hours. If operated as a filtration basin, the water depth could be increased 2 -feet. A layer of engineered soil consisting of a mixture of sand and leaf litter compost will be placed in the basins to aid in the infiltration/filtration process. Typical cross sections of filtration and infiltration basins are included as Figures 5 and 6 of this report. Approximately 90% of all rainfall events in the Twin Cities are 1 -inch or less. With the upper basin working as an infiltration basin and the lower basin operating by filtration the combined system will treat the runoff volume from a 1.1 -inch, 24-hour storm event. With both basins operating as filtration basins, the system will be able to treat the runoff volume from a 1.45 -inch, 24-hour storm event. Treatment Volumes The table below shows the runoff treatment volumes for each basin, depending on how it functions. The lower basin will only be operated as a filtration basin. Basin Operation Volume (C.F.) Upper Basin Infiltration 1,515 Upper Basin Filtration 4,830 Lower Basin Filtration 1,500 Maintenance As with any type of garden, regular maintenance should be done at least two times per year. Removal of weeds and dead plant material is required to keep a healthy looking Preliminary Engineering Report Page 3 Storm Water Improvements at 3317 Hampshire North City of Crystal, Minnesota BMI Project No. T16.101335 rain garden. Debris and sediment should be removed from the inlet on an annual basis. Mulch should also be checked annually and added as necessary. The first year or two will require the most maintenance while the plants are becoming established. For the first several weeks after planting the rain garden should be watered to ensure successful plant survival. During abnormally dry periods watering may also be necessary. Finally, the City may want to consider removing the cottonwood trees along the south side of the property, as cottonwood trees drop of lot of fluffy cottonwood seeds. This would help keep the rain gardens clean and would tend to decrease the amount of maintenance required to keep them aesthetically pleasing. Estimated Costs Proposed construction costs for the rain garden improvements are $52,322.40 and are itemized as an attachment to this report. The existing lot grades used for the existing contours will not be completely known until the house has been demolished and removed from the site. A conservative estimate was used in calculating the earthwork volume to grade the property to the proposed grades. Plant spacing of perennials was figured at 18 -inches on -center. Since the consultant has no control over the cost of labor, materials, competitive bidding process, weather conditions and other factors affecting the cost of construction, all cost estimates are opinions for general information of the client and no warranty or guarantee as to the accuracy of construction cost estimates is made. Preliminary Engineering Report Page 4 Stonn Water Improvements at 3317 Hampshire North City of Crystal, Minnesota BMI Project No. TI 6.101335 Preliminary Engineering Report Page 5 Storni Water Improvements at 3317 Hampshire North City of Crystal, Minnesota BMI Project No. T16.101335 o� E 33� IY na ;+t � �M •a �f I�C� �'�ik ' c� Izi .. 32nd A� 32nd Ave, N : Preliminary Engineering Report Page 5 Storni Water Improvements at 3317 Hampshire North City of Crystal, Minnesota BMI Project No. T16.101335 Preliminary Engineering Report Page 6 Stonn Water Improvements at 3317 Hampshire North City of Crystal, Minnesota BMI Project No. T16.101335 zW m Ww f W d z g it a O� cn D c� U- W 0Z Z Zzw >> u.1 Z_ q)W v Q v w �o �Qry -C w 'N 3nN3A`d 3231HSdINVH }�- ry° 0 U oQ =0 L� Orz Q qmD 93eJDw0 �nry o D M r SnOUlWnjiq N o, Q 3 _ Z � .r Y o 3 �Z ;I Z; �� zW m Ww f W of g a t - L i z Z >> u.1 n W v Q v w o E.i i m rn z nII :2 W t w t3 Zf I �I o � w V) N W m n W o`� 4u o Z _°' a o� � N C Z O m U Z O � ® Z m m� OPINION OF PROBABLE COST Storm Water Improvements - 3317 Hampshire Avenue North City of Crystal, Minnesota BMI PROJECT NO. T16.101335 8/13/2009 ITEM NO.1 ITEM UNIT ESTIMATED QUANTITY UNIT PRICE AMOUNT 1 MOBILIZATION LS 1 $5,000.00 $5,000.00 2 REMOVE RETAINING WALL SF 426 $5.00 $2,130.00 3 CURB REMOVAL AND REPLACEMENT LF 20 $40.00 $800.00 4 REMOVE BITUMINOUS SY 33 $6.00 $198.00 5 SAWCUT BITUMINOUS LF 60 $4.00 $240.00 6 COMMON EXCAVATION CY 704 $15.00 $10,560.00 7 ISOIL MIX B CY 155 $30.00 $4,650.00 8 IMULCH - DOUBLE SHREDDED CY 16 $50.00 $800.00 9 ISELECT GRANULAR BORROW CY 14 $20.00 $280.001 10 ICL 5 AGGREGATE CY 5.6 1 $25.00 $140.00 11 BITUMINOUS TON 7.3 $100.00 $730.00 12 PEA GRAVEL CY 6 $100.00 $600.00 13 CATCH BASIN W/ SUMP EA 1 $2,000.00 $2,000.00 14 DESIGN H CATCH BASIN EA 1 $1,500.00. $1,500.00 15 12" RCP PIPE LF 60 $30.00 $1,800.00 16 12" RCP ARPON W/ TRASH GUARD EA 1 $1,000.00 $1,000.00 17 6" PVC PIPE LF 32 $15.00 $480.00 18 4 INCH PERFORATED DRAIN TILE LF 175 $10.00 $1,750.00 19 PLANT PLUGS EACH 736 $4.00 $2,944.00 20 GEOTEXTILE FABRICSY 25 $8.00 $200.00 21 BLACK POLY EDGER _ 5" LF 450 $4,001 $1,800.00 22 EROSION CONTROL FABRIC SY 1 365 $4.00 $1,460.00 23 RIPRAP CL 2 CY 2 $120.00 $240.00 24 SEED MIX (NATIVE) ACRE 0.1 $2,000.00 $200.00 25 ISOD SY 300 $4.00 $1,200.00 26 ISILT FENCE LF 300 $3.00 $900.00 SUBTOTAL $43,602.00 20% CONTINGENCY 1 $8,720.40 in TOTAL CONSTRUCTION COSTS $52,322.40 ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF CRYSTAL e SPECIAL MEETING e TUESDAY, AUGUST 18,2009 6:50 P.M. CRYSTAL CITY HALL COUNCIL CHAMBERS 1. Call to order 3. Approval of minutes from the August 3, 2009 regular meeting * 4. Consider Resolution modifying the terms of internal loan in connection with acquisition of 3317 Hampshire Ave N * 5. Other business 6. Adjournment * Materials attached 08/12/09 GAMAXAgendas\2009\08.1 8.doc Minutes of the Crystal Economic Development Authority Regular Meeting August 3, 2009 President Hoffinann called the regular meeting of the Crystal Economic Development Authority to order at 6:46 p.m. Upon call of the roll, the following members were present: David Anderson, ReNae Bowman, Garry Grimes, Mark Hoffinann, 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 Sarah Sonsalla, City Attorney. Motion by Commissioner Bowman (L. Moore) to approve the minutes of the July 21, 2009 special meeting. Motion carried. The EDA considered a resolution approving the use of Tax Increment funds for acquisition and redevelopment of 5715 Regent Avenue North. Motion by Commissioner Bowman (Anderson) to adopt Resolution #2009-19 approving the terms of an internal loan in connection with acquisition of certain property (5715 Regent Avenue North) within Redevelopment Project No. 1. Motion carried. Commissioner Grimes (Selton) moved to adjourn the regular meeting. Motion carried. The meeting adjourned at 6:48 p.m. Mark Hoffmann, President ATTEST: Garry Grimes, Secretary EDA STAFF REPORT oluti Reson modif ying of rf RYSTAL terms Inte und Loan Resolution FROM: Patrick A. Peters, Community Development Director tvT TO: Anne Norris, Executive Director (for August 18 Special EDA Meeting) DATE: August 13, 2009 RE: Consider Resolution modifying the terms of an internal loan in connection with the acquisition of 3317 Hampshire Avenue North BACKGROUND In 2007, the city declared the building on the subject property a hazardous structure and later acquired the property through a negotiated settlement. The previous owner's personal property was removed, along with a significant amount of refuse and debris, and the interior of the house was gutted to mitigate many of the hazardous conditions and to help city staff determine whether rehab of the structure was feasible. Staff subsequently prepared detailed specifications to determine cost of rehab and met with a Realtor on site to identify a likely price for a fall 2009 listing. The suggested listing price considered rehab improvements, location and neighborhood, building condition and recent comparable sales. In consideration of 1) the high costs associated with rehabilitation of the structure and the resulting net loss; 2) the unstable soils on the site; and 3) the history of hazardous conditions at this property, staff has determined that rehab of the structure and sale of the property does not offer a reasonably beneficial outcome. As a result, staff is recommending the structure on site be demolished and the lot be used for other S!11�11 ACTION In June 2008, the EDA adopted Resolution No. 2008-02 approving the terms of an interfund loan in connection with TIF #1 and authorizing reimbursement to the EDA from TIF #1 up to $300,000 for costs associated with property acquisition and rehabilitation. A recently completed preliminary engineering study contemplates use of the site for construction of necessary storm water improvements upon demolition of the structure. The determination to retain the property for storm water management purposes requires a modification of that 2008 Interfund Loan Resolution. RECOMMENDATION Staff recommends EDA approval of the Resolution stating that the overall needs of the project are best served by retaining the subject property for storm water management purposes, thereby modifying Interfund Loan Resolution No. 2008-02. FA 0 L61 12 Eel V MQaA 11 • RESOLUTION NO. MODIFYING THE TERMS OF INTERNAL LOAN IN CONNECTION WITH ACQUISITION OF 3317 HAMPSHIRE BE IT RESOLVED BY THE BOARD OF COMNIISSIONERS OF THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF CRYSTAL, MINNESOTA (THE "AUTHORITY") AS FOLLOWS: Section 1. Back rg ound. 1.01. The Authority and City of Crystal ("City") have established Tax Increment Financing District No. 1 ("TIF District No. 1 ") and Housing Replacement Districts Phases I and II (the "Housing Replacement Districts") within Redevelopment Project No. 1 (the "Project"), and has adopted tax increment financing plans ("TIF Plans") for TIF District No. 1 and the Housing Replacement Districts, pursuant to Minnesota Statutes, Sections 469.174 to 469.1799 (the "TIF Act") and Laws 1995, Chapter 264, Article 5, Section 46 and Laws 2008, Chapter 366, Article 5, Section 20 (the "Special Legislation"). 1.02. Under Section 469.178, subdivision 7 of the TIF Act, the Authority may incur certain costs related to the Project, which costs may be financed on a temporary basis from available Authority or City funds and repaid from certain tax increments. 1.03. Under the Special Legislation, the Authority may spend tax increments from the Housing Replacement Districts as if those districts were housing districts under the TIF Act, which requires that expenditures be made solely to finance the cost of housing projects as defined in Section 469.174, subdivision 11 and 469.1761 of the TIF Act (generally, specifying certain income limits for renters or buyers of owner -occupied property). 1.04. The City is acquired certain property within the Project described as Lot 1, Block 2, Valley View Park 2°a Addition (the "Property"), which Property the City found to be a "hazardous building or property" as defined in Minnesota Statutes Section 463.15 subdivision 3, as well as a "public nuisance" under Minnesota Statutes, Section 609.74 because the conditions on the Property unreasonably annoy, injure or endanger the safety, health, morals, comfort or repose of a considerable number of members of the public and those conditions are being intentionally maintained or permitted because they have not been abated or remediated. 1.05. The City further determined that the public purpose of acquiring the Property was to eliminate the hazard to the public safety and health that exists within the structure on the Property, and to abate a public nuisance present on the Property, which purpose also serves the redevelopment goals for the Project. 1.06. Prior to acquiring the Property, the Authority by Resolution No. 2008-02 approved December 16, 2008 (the "Interfund Loan Resolution") expressed its intent to reimburse itself for the cost of acquisition of the Property and the cost of either demolition or rehabilitation of the Property, together with soft costs (the "Qualified Costs") with tax increments derived from TIF District or the Housing Replacement Districts or some combination thereof. 1.07. The Authority has now determined that, in lieu of re -conveying the Property for private redevelopment, the overall needs of the Project are best served by retaining the Property for storm water management purposes, and to that end the Authority has determined to modify the Interfund Loan Resolution. Section 2. hiterfund Loan Resolution Modified. 2.01. The term Qualified Costs as used in the Interfund Loan Resolution is hereby modified to include (in addition to the costs of acquisition and demolition) the cost of any storm water management improvements on the Property, together with soft costs related to such improvements. 2.01. The Authority is authorized to make expenditures for such additional Qualified Costs from any available funds, and to reimburse itself in accordance with all terms and conditions of the Interfund Loan Resolution; provided that, because the Property will not directly benefit income qualified persons (as described in Section 2.03 of the Interfund Loan Resolution), Qualified Costs related to the Property will be paid only with increments from the TIF District. 2.03. The hzterfund Loan Resolution remains in full force and effect and is not modified except as expressly provided herein. Section 3. Effective Date. This resolution is effective upon the date of its approval. Adopted this 18h day of August, 2009. ATTEST: Secretary President OA Crystal City Council Summary Agenda & Meeting Schedule August 18, 2009 7:00 P.M. Council Chambers I. CALL TO ORDER, ROLL CALL, AND PLEDGE OF ALLEGIANCE 11. ACKNOWLEDGEMENTS The Mayor will acknowledge the following donations: a. $60 from the NATCA Local MIC donated for the Crystal Airport Open House; b. $200 from Paster Enterprises donated to the Police Neighborhood Outreach Office; c. $500 from the Crystal Frolics Committee to the Crystal Police Explorers 111. COUNCIL MEETING MINUTES The Council will consider the minutes from the following meetings: a. Regular City Council Meeting from August 3, 2009; b. The Council Work Session from August 3, 2009; and c. The Council Budget Work Sessions from August 6 and 13, 2009. IV. CONSENT AGENDA The Council will consider 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; 3. Approval of a special permit for wine and beer for a private party at Bassett Creek Park on August 15, 2009 submitted by Jason Kong (pre -approved by city manager); 4. Approval of a temporary on -sale liquor license for an event on September 17, 2009 at 3245 Vera Cruz Ave N submitted by the Volunteers of America (Crystal Care Center); 5. Approval of an application to conduct excluded bingo for a church event on September 11, 2009 at 6700 — 46th Place North submitted by St. James Lutheran Church; Crystal City Council Meeting Agenda August 18, 2009 Consent Agenda continued 6. Adoption of a resolution ordering the preparation of an Assessment Roll, declaring the amount to be assessed, and setting the date for a public hearing for Year 2009 Delinquent Accounts; and 7. Adoption of a resolution authorizing the execution of a SAFE and Sober Traffic Enforcement Grant Agreement with the Office of Traffic Safety. 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.) V1. REGULAR AGENDA 1. The Council will consider a private kennel license for 3100 Yukon Ave N submitted by Sandra Lundren. Animal Control Officer Tom Mahan inspected the property and recommends approval of the private kennel license at 3100 Yukon for three dogs (one Chesapeake Bay retriever, one Labrador retriever and one Mini Poodle). Prior to acting on the license, the Council should take any comments from neighbors. 2. The Council will consider Application 2009-12 for a Conditional Use Permit for a limited residential use located above an existing commercial use at 4611 — 36th Ave N. The current owner of the property at 4611 — 36th Avenue intends to use the second floor for limited residential purposes. Prior to the hardwood floor store's use of the building, there was an apartment on the second floor. Limited residential uses are permitted with a conditional use permit. At its August 10 meeting, the Planning Commission held a public hearing on the application and recommended approval of the conditional use permit based on the findings and subject to the conditions contained in the staff report. Page 2 of 4 Crystal City Council Meeting Agenda August 18, 2009 Regular Agenda continued 3. The Council will consider an Administrative Appeal of the staff determination that a proposed clinic at 5153 Idaho Ave N would be an expansion of the existing nonconforming use. The property at 5163 Idaho is zoned R-1 Low Density Residential. The building is currently used for Enviroclean's business offices and equipment storage. The building owner is considering selling the property to Therapy Junction which would use the building for a clinic providing outpatient pediatric therapy services. Staff's determination is the proposed use is a change and expansion of the existing nonconforming use and so, is not allowed by city code. The property owner requested an Administrative Appeal of staffs determination. At its August 10 meeting, the Planning Commission held a public hearing on the request and recommends upholding staff's determination based on the findings contained in the staff report. VII. INFORMAL DISCUSSION AND ANNOUNCEMENTS • The Crystal Business Association meets on Wednesday, August 19, at 8:30 a.m. at Wells Fargo Bank. ® A Council Budget Work Session is scheduled on Thursday, August 20 at 7:00 p.m. in the Community Room at City Hall. ® The next City Council Meeting will be on Tuesday, September 1 in the Council Chambers at City Hall. Page 3 of 4 Crystal City Council Meeting Agenda August 18, 2009 IX. MEETING SCHEDULE ON AUGUST 18,200 a) 6:00 — 6:30 p.m. b) 6:30 — 6:45 p.m. c) 6:50-6:55 p.m. d) 7:00 p.m. e) After the Regular Council Meeting Have a great weekend; see you Tuesday! Citizen Input Time in Conference Room A 1st Council Work Session in Conference Room A to discuss: Necessary storm water improvements at 3317 Hampshire Ave N Special EDA Meeting in the Council Chambers Regular City Council Meeting in the Council Chambers 2nd Council Work Session in Conference Room A to discuss: Zoning text amendment pertaining to telecommunications towers Driveway approaches in public right-of-way Tax abatement for 5209 West Broadway (NEAR) Page 4 of 4 C,1CYS AL POLIO j, DEPARTIM, "Service with Compassion and Integrity" TO: Anne Norris, City Manager FROM: John Banick, Chief of Police I -B DATE: August 3, 2009 SUBJECT: DONATION ACKNOWLEDGEMENT of u Please inform the Mayor and City Council that the Police Department has received a $200.00 donation from Paster Enterprises. This donation was made in appreciation of the police department's continued support of the Crystal Shopping Center Kids, Cops, and Firefighters event. I recommend that these funds be utilized to offset expenses at the Neighborhood Outreach Office in the Crystal Shopping Center. July 27, 2009 Mr. Todd Gustafson Crystal Police Department 4141Douglas Drive Crystal, K8N55422 RE: Crystal Shopping Center Kids, Cops, and Fire Fighters Sale Thank you for your continued support of the Crystal Shopping Center Kids, Cops and Fine Fighters event. Your efforts and the activities were an excellent success at the event and were most appreciated. To show our appreciation, Paster Enterprises is enclosing a donation in the amount of $200.00 to the Crystal Police Department. Thanks again for your incredible generosity toour community. Wishing you all the best in 20091 Sincerely, PASTER ENTERPRISES, LLC Nicole Wagner Marketing Manager 2227University Avenue °Saint Paul, MN"S5114-1G77 651.646.7901 Fax 651.646.1389 wmw.puVtomn1orpMueo.xnm CRYSTAIL, POLWE DEPAMWNT "Service with Compassion and Integrity" TO: Deputy Chief Fealy FROM: Sergeant Mark Peterson 4� DATE: August 6, 2009 SUBJECT: Explorer Monetary Donation Enclosed please find a check in the amount of $500.00 made out to the City of Crystal Police Explorers from the Crystal Frolics Committee. A notation of "Thank You!" was included on the memo line. ,37 tq, -9, 461 W Crystal City Council Work Session minutes August 3, 2009 1846 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 6:14 p.m. on Monday, August 3, 2009 in Conference Room A at City Hall located at 4141 Douglas Drive, Crystal, Minnesota. The Mayor called the work session to order. ATTENDANCE The administrative services coordinator recorded the attendance with the following members: COUNCIL: Grimes, J. Moore, Selton, Bowman, Hoffmann, L. Moore, and Anderson (who arrived at 6:28 p.m.) STAFF: City Manager A. Norris, Assistant City Manager/HR Manager K. Therres, PW Director/City Engineer T. Mathisen, and Administrative Services Coordinator T. Tassoni Cep Tiell II. AGENDA The Council and staff discussed the following agenda item: © Surface Water Management Plan Ill. ADJOURNMENT The work session adjourned at 6:44 p.m. ReNae J. Bowman, Mayor ATTEST: Trudy R. Tassoni Administrative Services Coordinator G:\Counc*iikMinutes20O9\minB-03-09 ws before.doc -1846- Crystal City Council Meeting minutes from August 3, 2009 1847 I. CALL TO ORDER, ROLL CALL, AND PLEDGE OF ALLEGIANCE Pursuant to due call and notice thereof, the Regular Meeting of the Crystal City Council was held on Monday, August 3, 2009 at 7:01 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 administrative services coordinator recorded the following attendance: COUNCIL: J. Moore, L. Moore, Anderson, Bowman, Grimes, Hoffmann, and Selton STAFF: City Manager A. Norris, Acting City Attorney S. Sonsalla, Police Chief J. Banick, Public Works Director/City Engineer T. Mathisen, Finance Director C. Hansen, Community Development Director P. Peters, Assistant Community Development Director/City Planner J. Sutter, Assistant City Manager/HR Manager K. Therres, and Administrative Services Coordinator T. Tassoni. PLEDGE OF ALLEGIANCE Mayor Bowman led the Council and audience in the Pledge of Allegiance. 11. PRESENTATION OF AWARDS The Mayor presented awards of appreciation to volunteers assisting with the rain garden planting in Cavanagh Neighborhood: a) Kaetlyn Lindquist (3.5 hours) b) Kalli Teply (3.5 hours) Ill. COUNCIL MEETING MINUTES The Council considered the minutes from the following meetings: a. Regular City Council Meeting from July 21, 2009; and b. The Council Work Session from July 21, 2009. Moved by Council Member Hoffmann and seconded by Council Member Selton to approve the minutes of the following Council Meeting: a. Regular City Council Meeting from July 21, 2009; and b. The Council Work Session from July 21, 2009. Motion carried. 1847 Crystal City Council Meeting minutes from August 3, 2009 1848 IV. CONSENT AGENDA The Council considered the following items, which are routine and non -controversial in nature, in a single motion: 1. Approval of the list of license applications submitted by the City Clerk to the City Council, a list that is on file in the office of the City Clerk; 2. Approval of disbursements over $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 a special permit for wine and beer for a private party at Lions Valley Place Park on August 8, 2009 submitted by Paula Cayemberg; 4. Approval of a special permit for wine and beer for a private party at the Crystal Community Center on August 29, 2009 submitted by Francisco Alvarado; 5. Approval of three, monthly solicitation licenses for representatives of the Window Store to go door-to-door promoting new windows and siding installation; 6. Approval of an application to conduct excluded bingo at VFW on October 11, 2009 submitted by Branch 9, National Association of Letter Carriers; and 7. Adoption of Resolution 2009-57 amending the PERF Fund 2009 Budget to recognize two grants. Moved by Council Member Hoffmann and seconded by Council Member Anderson to approve the consent agenda. Motion carried. V. PUBLIC HEARING The Council received public comment and considered action on the following item: 1. A Five -Year Street Reconstruction Plan and the issuance of general obligation bonds to finance the street reconstruction. Finance Director C. Hansen gave a presentation and answered questions. Public Works Director/City Engineer T. Mathisen also addressed the Council and answered questions. The Mayor opened the public hearing for testimony. There being no one to appear before the Council to give testimony, Mayor Bowman declared the public hearing closed. Moved by Council Member Hoffmann and seconded by Council Member L. Moore to adopt the following resolution, the reading of which was dispensed with by unanimous consent: 1848 Crystal City Council Meeting minutes from August 3, 2009 1849 RESOLUTION NO. 2009 - 58 ADOPTING A STREET RECONSTRUCTION PLAN AND AUTHORIZING ISSUANCE OF BONDS FOR SUCH WORK Voting aye: J. Moore, L. Moore, Anderson, Bowman, Grimes, Hoffmann, Selton. Motion carried, resolution declared adopted. No public comment was given during open forum. 1. The Council considered a resolution recognizing and commending the many contributions of Rita J. O'Malley Nystrom. Rita J. O'Malley Nystrom's daughter, Rebecca Mesa, and son, Pat O'Malley, addressed the Council. Moved by Council Member Grimes and seconded by Council Member Selton to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2009 - 59 RECOGNIZING AND COMMENDING THE MANY CONTRIBUTIONS OF RITA J. O'MALLEY NYSTROM TO THE CITY OF CRYSTAL Voting aye: J. Moore, L. Moore, Anderson, Bowman, Grimes, Hoffmann, Selton. Motion carried, resolution declared adopted. 2. The Council considered a resolution approving Draft Surface Water Management Plan. Public Works Director/City Engineer T. Mathisen addressed the Council. Bob Barth of Bonestroo gave a demonstration and answered Council questions. QX ... 1849 Crystal City Council Meeting minutes from August 3, 2009 1850 Moved by Council Member Grimes and seconded by Council Member Selton to adopt the following resolution, the reading of which was dispensed with by unanimous consent: :4 • 1101111 Lei 0 ILI APPROVING DRAFT SURFACE WATER MANAGEMENT PLAN Voting aye: J. Moore, L. Moore, Anderson, Bowman, Grimes, Hoffmann, Selton. Motion carried, resolution declared adopted. 3. The Council considered a resolution ordering the Feasibility Study for Winnetka Ave Reconstruction Project #2009-26. Public Works Director/City Engineer T. Mathisen addressed the Council. 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: RESOLUTION NO. 2009 - 61 ORDERING PREPARATION OF FEASIBILITY STUDY FOR WINNETKA AVENUE RECONSTRUCTION PROJECT #2009-26 Voting aye: J. Moore, L. Moore, Anderson, Bowman, Grimes, Hoffmann, Selton. Motion carried, resolution declared adopted. 4. The Council considered a resolution requesting a nonpublic sale of tax forfeit property at 5565 Vera Cruz Avenue North. Assistant Community Development Director/City Planner J. Sutter addressed the Council and answered questions. Moved by Mayor Bowman and seconded by Council Member L. Moore to adopt the following resolution, the reading of which was dispensed with by unanimous consent: 1850 Crystal City Council Meeting minutes from August 3, 2009 1851 RESOLUTION NO. 2009 - 62 REQUESTING A NONPUBLIC SALE OF TAX FORFEIT PROPERTY AT 5565 VERA CRUZ AVENUE NORTH Voting aye: J. Moore, L. Moore, Anderson, Bowman, Grimes, Hoffmann, Selton. Motion carried, resolution declared adopted. 5. The Council considered a resolution awarding contract for partial City Hall Roof Replacement Project 2009-14. Public Works Director/City Engineer T. Mathisen addressed the Council. Moved by Mayor Bowman and seconded by Council Member J. Moore to adopt the following resolution (with a correction to show Area B as the additional area to be re -roofed) , the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2009 - 63 X00 • 11 0 •' I I a 111"901WIN510111 a 0 10 0 INK111111911 11 Z 1/• C 0 Voting aye: J. Moore, L. Moore, Anderson, Bowman, Grimes, Hoffmann, Selton. Motion carried, resolution declared adopted. VIII. INFORMAL DISCUSSION AND ANNOUNCEMENTS a) MN Night to Unite is Tuesday, August 4. b) The City Council will conduct a budget work session on Thursday, August 6 at 7:00 p.m. in the Community Room at City Hall. c) The next Citizen Input Time is Tuesday, August 18 from 6:00 — 6:30 p.m. in Conference Room A at City Hall. d) The next City Council Meeting is at 7:00 p.m. on Tuesday, August 18 in the Council Chambers at City Hall. 1851 Crystal City Council Meeting minutes from August 3, 2009 1852 Moved by Council Member L. Moore and seconded by Council Member J. Moore to adjourn the meeting. Motion carried. The meeting adjourned at 7:55 p.m. ReNae J. Bowman, Mayor ATTEST: Trudy R. Tassoni Administrative Services Coordinator 1852 Crystal City Council Budget Work Session minutes August 6, 2009 1853 Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, the work session of the Crystal City Council was held at 7:02 p.m. on Thursday, August 6, 2009 in the Community Room at City Hall located at 4141 Douglas Drive, Crystal, Minnesota. The Mayor called the work session to order. I. ATTENDANCE The assistant city manager/HR manager recorded the attendance with the following members: COUNCIL: Anderson, Grimes, J. Moore, Selton, Bowman, Hoffmann, L. Moore STAFF: City Manager A. Norris, Assistant City Manager/HR Manager K. Therres, PW Director/City Engineer T. Mathisen, Finance Director C. Hansen, Community Development Director P. Peters, Police Chief J. Banick, and Recreation Director G. Hackett. II. AGENDA The Council and staff discussed the following agenda items: ® General Fund Budget ® EDA Budgets ® 2010 Fee Schedule Ill. ADJOURNMENT The work session adjourned at 9:10 p.m. ReNae J. Bowman, Mayor ATTEST: Kimberly J. Therres Assistant City Manager/HR Manager G:\Counc*il\Minutes2009\min8-06-09 ws budget.doc -1846- Crystal City Council Budget Work Session minutes August 13, 2009 1854 Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, the work session of the Crystal City Council was held at 7:02 p.m. on Thursday, August 13, 2009 in the Community Room at City Hall located at 4141 Douglas Drive, Crystal, Minnesota. The Mayor called the work session to order. I. ATTENDANCE The assistant city manager/HR manager recorded the attendance with the following members: COUNCIL: Anderson, Grimes, Hoffmann, Selton, J. Moore, L. Moore, Bowman STAFF: City Manager A. Norris, Assistant City Manager/HR Manager K. Therres, PW Director/City Engineer T. Mathisen, Police Chief J. Banick, Recreation Director G. Hackett, and City Clerk J. Lewis. II. AGENDA The Council and staff discussed the following agenda items: ® PIR, PERF, FERF capital budgets ® Follow up from August 6 work session. Ill. ADJOURNMENT The work session adjourned at 8:59 p.m. ReNae J. Bowman, Mayor ATTEST: Janet Lewis, City Clerk G:\Council\Minules2009Min8-13-09 ws budget.doc -1846- APPLICATIONS FOR CITY LICENSE August 18, 2009 GASINSTALLER K & K Mechanical 8751 Palmgren Ave NW Otsego, MN 55330 PLUMBER A-1 Plumbmaster 7541 Scott Ave N Brooklyn Park, MN 55443 Archer Plumbing 652142 d Ave N Crystal, MN 55427 Easco Plumbing 7965 Pioneer Trail Loretto, MN 55357 Pokorny Company Inc 65 7th Ave S Hopkins, MN 55343 T N 3942 Jersey Ave N — Michael Jost 3541 Quail Ave N — Todd Jacobson (Conditional) 3141 Winnetka Ave N — Hsin Rong Liang (Conditional) 3543 Zane Ave N — Estate of Charles Schoff 810833 d PI N — Ryan Pruess REN'T'AL — RENEWAL 4510 Brunswick Ave N — Joel VanRisseghem 4601 Brunswick Ave N — Marie Carlson c/o Erle Carlson 3317 Douglas Dr N — Commonbond Communities (Conditional) 3616-3618 Douglas Dr N — R & M Orth (Conditional) 5450-5500 Douglas Dr N — Lang Nelson & Associates (Conditional) 5644 Elmhurst Ave N — Gene Posthumus 5401 Georgia Ave N — Jon Huelskamp 2718-2720 Jersey Ave N — Jeffery Bakal (Conditional) 3010-3012 Kentucky Ave N — Estate of Ray Fuerstenberg (Conditional) 5737 Kentucky Ave N — SL Kaplan c/o Midwest Mgmt (Conditional) 6912 Lombardy Ln — Francisco/Julie Alvarado 5512 Nevada Ave N — Lori Ann Rooney (Conditional) 3417 Quail Ave N — Ahma Fitzloff (Conditional) 5320 Quail Ave N — Elwyn Mattson (Conditional) 5710-5712 Wilshire Blvd — Christian and Stacy Vitale (Conditional) 4855 Xenia Ave N — Cathie Hill (Conditional) 4849 Yates Ave N — Ramiz Muratovic 6509 38th Ave N — John Spilane (Conditional) 651147 th Ave N — Lori Gott Howard (Conditional) 5004 49th Ave N — Earl Johnston (Conditional) 5017 56th Ave N — David/Deanna Roop 640161 " Ave N — David/Deanna Roop (Conditional) CONSENT AGENDA #1 SIGN HANGER Source One Graphics dba Sign A Rama 1498 Buerkle Rd Vadnais Heights, MN 55110 DATE: August 13, 2009 TO: Anne Norris, City Manager CONSENT AGENDA #2 City of Crystal City Council FROM: Beth Simonsen, Assistant Finance Director RE: Expenditures over $15,000 Payee Description Amount IRS Social Security/Medicare - Federal Tax W/H P/R 07/24/09 51,841.46 PERA PERA P/R 08/07/09 Employee/City Contributions 41,993.19 IRS Social Security/Medicare - Federal Tax W/H P/R 08/07/09 55,888.57 Keith Anderson & Michelle Hogan Purchased property @ 3443 Douglas Dr N 118,625.96 Logis June Support 17,920.48 Northwest Asphalt Inc Phase 10 Street Reconstruction>July Services 943,677.14 Springsted Incorporated Issuance>GO Improvement Bonds 2009A 19,880.45 UHL Cc Inc Replace Police Department's A/C Compressor 15,653.84 West Metro Fire -Rescue Dist August Fire Budget Allocation 91,784.94 First American Trust FSB Purchased property @ 4901 Vera Cruz Ave N 54,069.21 US Bank 8/1/09 Debt Service Payment 207,922.50 Wells Fargo Bank Purchased property @ 5548 Yates Ave N 64,006.59 Burnet Title Escrow Acct Purchased property @ 5715 Regent Ave N 44,058.93 1,1Z1.jL3.16 QAM.,y\Misc\Ch.L over Ii,000shc CONSENT AGENDA #3 This application must be approved by the City Council. Please allow two weeks to process your request. The City Council meets on the first and third Tuesday of each month. City of Crystal Application for Special Permit For: Use, Consumption, and Display of Wine and Beer in a Crystal Park or Related Facility in the Park Applicant: J Home Phone: Address: Cell Phone: Liability Requirements Are you a Business Partnership, Club, Corporation or Non -Profit Association? Yes. You are required to attach a certificate of insurance showing current liability /insurance naming the City of Crystal as an additional insured and date of event. V No. You are required to attach a certificate of homeowner's insurance that corresponds to the person signing this application. The certificate must contain a special event endorsement with the date of this event and must name the City of Crystal as additional insured. Security Requirement (for Community Center reservations only) Applicants renting a room at the Crystal Community Center (CCC) must hire one police officer per every 100 guests. Officers must be present from the time that you begin serving alcohol to the end of your event. You may contact the Crystal Police Department at (763) 631- 1033 to arrange for this security requirement. Number of police officers needed: Purpose of social event or nature of activity proposed: ReG re cn i on, ` 5g Qa,Ll Cr , On e Name and Address of park or city building where event will be held: foot 3a"� P0\55e H- Cree pc,rK. 50�- k 11 P-ic (� Date of Activity: F^ 15 w Coq Maximum Number of Persons Expected to Attend: D V Hours of Use (not to exceed 12 hours): From: a a.m. to LI a.mopm. ed �1 m5 -tt 33n DL C.&'ei\ `6116IOCI -�D Ta66^ 144ah3 2;•to-0`1.4 J Application for Special Permit For: Use, Consumption, and Display of Wine and Beer in a Crystal Park or Related Facility Page 2 of 3 LIABILITY: The applicant waives any and all claims of any nature against the City and its officers, employees, and agents arising out of the permitted activity. If applicant is a business partnership, club, corporation, or non-profit association, this application must be accompanied by a certificate of insurance showing current liability insurance naming the City as an additional insured party under the insurance policy. Please Read and Siem (Crystal City Code, Subsection 815.13) Subd. 6. Application. The application for a special permit is prepared by the city clerk. The application must specify the purpose of the social event, the nature of the activity proposed, the hours during which it is to be conducted, the maximum number of persons expected to attend, and such other information as the clerk reasonably requests. The application must be accompanied by an insurance certificate, a bond or other undertaking in form and substance satisfactory to the city manager and city attorney, holding the city and its officers, employees, and agents from liability of any kind arising out of the permitted activity. If the applicant is a business partnership, club, corporation or non-profit association the application must be accompanied by a certificate of insurance showing current liability insurance naming the city as an additional insured party under the insurance policy. Subd. 8. Special Condition. The use, consumption and display and presence of liquor and beer in parks and related park facilities is a matter of special concern to the City as such activity relates to the peace and good order of the City. For that reason the issuance of a special permit under this subsection is determined to be a matter within the sole discretion of the City Council, and its determination to issue or not to issue a special permit is final. The Council may impose additional conditions in the granting of a special permit. I acknowledge that the Liability Clause, Application, and Special Conditions have been read and are understood by me and that I agree not to challenge or in any way contest the determination of the City Council with regard to the issuance of this special permit. I acknowledge that I am responsible to hire police officer(s) for my event at the CCC at my own expense. Applicant's signature Date % " 3 O ��% WIJTt,:6 , TE, -inf 3WH INMd WUOt7:6 , TE, -inr 3WII G3A1333M Applicat'llon for Special Permit For: Use, Consumption, and Display of Wine & Beer in a Crystal Park or Related Fa6lity Page 3 of 3 Additional InSUFed - Special Event Endorsement for homeowners only (Completed by Insurance Company Representative) Insurance Company: C'-6 G' -,- Policy Number: C) Name Insured: eb Name of Additional Insured: City of Crustal, 4141 Douglas Drive North, Crystal, MN $5422 Date of Event : 'T' — ( 5, ;[- o9 Location of Event: r-5Wf J-6� ft fi P 0,+ Fie _ Coverage Limit 4--3 Liability: Coverage period begins and ends at 12:01 AM Standard Time at the above designated location. Effective Date: V1 a ?&4 ---Expiration Date, 1L,d2 Other information pertinent to this special endorsement: Signature of authorized �representative -7 4 q)- '5-7 7 - 10 &1 Phone number of authorized representative RY 7, Date 6007 6 'd 0 V ' 0 N S301330 30MASNI ISH NVO I : 6 0 If i�r WHTt?:6 *Tv tnr 3WI1 1NIdd WdOb:6 Special Event Certificate of Insurance Insurance & Financial son1c86 tiE —inf 3WI1 Q3h13D3d COUNT'R'Y Casualty Insurance Company COUNTRY Mutual Insuranco Company PO BOX 2100 Bloomington, IL 61702-2100 Insurance Office Country Financial Issued at the Request of: Name City of Crystal Street—Yf City State Zip 55427 Fume and Address of Insured: Name Jason Kong street 2318 Eagle Trace LN City Woodbury State MN 7Jp 55129 Property Location Description Basset Creek Park Softball Field Certificate Effective From 0811612009 to 08/16/2009 This is to certify that policies shown in the schedule below, issued to the person or entity named as insured in this form, are in force during the effective dates above. The Limits shown here for this special event apply only during the effective dates above,. if these limits are different than the current limits shown on the policies. This Certificate of Insurance does not otherwise amend, extend or alter the coverage of any policy. Type of Policy (Choose Home, Farm or Umbrella) palm No Liability Limit (Each occurrence) Medical {Cacti Person) Payment Limits (Fnch occurrence) Home AK7332910 $300,000.00 $2,000.00 $10,000.00 Special Provision (if any): 7-31-2009 Date 3613 Z 'd ZL0 0N 100088.01.200409 S301330 IONV80QVNI ISM MV01:6 60OZ 'jC,Ind Minnesota Department of Public Safety ALCOHOL AND GAMBLING ENFORCEMENT DIVISION 444 Cedar Street Suite 133, St. Paul MN 55101-5133 (651) 201-7507 Fax (651) 297-5259 TTY (651) 282-6555 W W W.DPS. STATE.MN.US APPLICATION AND PERMIT FOR A 1 TO 4 DAY TEMPORARY ON -SALE LIQUOR LICENSE TYPE OR PRINT INFORMATION CONSENT AGENDA #4 NAME OF ORGANIZATION DATE ORGANIZED TAX EXEMPT NUMBER V4tnICe'(5 oV rrlerlc V_ [eco TLI L:531 gq9 STREET ADDRESS CITY STATE ZIP CODE 3215 V -p- r -a- ftQ;_, de N. e2 s[C'D AIN 5S c(2 �- NAME OF PERSON MAKING APPLICATION BUSINESS PHONE HOME PHONE 4? I- Cp CEJ~ 4 &3) 51(p - OR O l DATES LIQUOR WILL BE SOLD/rn/shej W/ TYPE OF ORGANIZATION 710019y CLUB CHARITABLE RELIGIOUS T - FIT OR%GANIZATION OFFICER'S NAME ADDRESS !ol er t J\N av1� _-2,2q5 V e— ru AR N 55q ORGANIZATION OFFICER'S NAME ADDRESS 1 V e ve- 2(f S Ve.r c, eX.l, r'c-- til, U �zq WN S6gZz ORGANIZATION OFFICER'S NAME ADDRESS Location license will be used. If an outdoor area, describe —�v'Q i7Yl n C� i��uVSt 1�JYyC .— Liv �G CSS `Yl �SC�Y Y� 6x-2GQ L3,-)-L/S- vel -o' C,h t 2 Will the applicant contract for intoxicating liquor service? If so, give the name and address of the liquor licensee providing the service. Will the applicant carry liquor liability insurance? If so, please provide the carrier's name and amount of coverage. V -e S APROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL & GAMBLING ENFORCEMENT CITY/COUNTY it .) �t I DATE APPROVED CITY FEE AMOUNT V LICENSE DATES DATE FEE PAID s kd O cl SIGNATURE CITY CLERIC OR COUNTY OFFICIAL APPROVED DIRECTOR ALCOITOL AND GAMBLING ENFORCEMENT NOTE: Submit this form to the city or county 30 days prion to event. Forward application signed by city and/or county to the address above. If the application is approved the Alcohol and Gambling Enforcement Division will return this application to be used as the License for the event PS -09079 (05/06) f,i*._ , 4- u,)n,)o4 savnI I I ntA R/IF4 ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD 7/07/2009IYYYY' PRODUCER BB&T - KDC Insurance Services 433 East Center Street THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Kingsport, TN 37660 DDT NSR 423 247-7181 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Homeland Insurance Co. of NY AGENCY Volunteers of America National Services INSURER B: Travelers Indemnity Company 25658 3405 Harrow Gate Lane Powell, TN. 37849 Attn: Barbara Stevens INSURER C: INSURER D: INSURER E: f'n%1PRAMPR THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. SR LTR DDT NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE /Y DATE MM/DDY POLICY EXPIRATION DATE MMIDDY /Y LIMITS A 3245 Vera Cruz Avenue GENERAL LIABILITY MPP158208 04/20/09 04/20/10 EACH OCCURRENCE $1,000,000 PREMISESDEa occur ence $50,000 AUTHORIZED/ REPRESENTATIVEr� X COMMERCIAL GENERAL LIABILITY ��EAOGK✓1�h111iVtJiJCIQ . _ MED EXP (Any one person) s5,000 X I CLAIMS MADE F] OCCUR Host Liquor PERSONAL & ADV INJURY $Included x Professional Lability Liability Included GENERAL AGGREGATE $3 '000,000 Included for GEN'LAGGREGATELIMIT APPLIES PER: PRODUCTS - COMP/OPAGG $Included Event Retention $50,000. POLICY JE� X LOC POLICY Sept. 1720 B AUTOMOBILE LIABILITY ANY AUTO 8104595NO82 04/20/09 04/20/10 COMBINED SINGLE LIMIT $1,000,000 (Ea accident) BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ X X HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO AUTO ONLY: AGG S A EXCESS/UMBRELLA LIABILITY MPX153108 04/20/09 04/20/10 EACH OCCURRENCE $5 OOO 000 AGGREGATE s5,000,000 OCCUR X❑ CLAIMS MADE $ $ DEDUCTIBLE $ RETENTION S WORKERS COMPENSATION AND WC STATU- OTH- ER E.L. EACH ACCIDENT $ EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. DISEASE - EA EMPLOYEE $ OFFICERIMEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Certificate holder is a named insured on the policy. Policy includes Host Liquor Liability for an event being held on September 17, 2009. GCK I lr*[L.A I C MVLUCK uM1Y liGLLH r 1 - SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Crystal Care Center, VOA Care DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL _3p_ DAYS WRITTEN Centers Minnesota NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL 3245 Vera Cruz Avenue IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR North Minneapolis, MN 55422 REPRESENTATIVES. AUTHORIZED/ REPRESENTATIVEr� ��EAOGK✓1�h111iVtJiJCIQ . ACORD 25 (2001/08) 1 of 2 #S3818401/M3452210 JSSM © ACORD CORPORATION 1988 CONSENT AGENDA #5 ,/09 Minnesota Lawful Gambling Page 1 of 2 LG240B Application to Conduct Excluded Bingo No fee ORGANIZATION INFORMATION 0 �qpization Previous gambling permit number n 4t,01A41 1 f - all 114141 ,%1 C,�i C Type of noUprofit organization. Check (4) one. F-1 Fraternal [ KReligious Ej veterans ❑ Other nonprofit organization Mailing address iii St t /ZIP Code Co my o � ATTACH A:.COPY OF ONE OF THE FOLLOW NW. FOR PROOF 'OF NONPROFIT ,ST TU,&:�' ... ...... ...... Do not attach a sales tax exempt status or federal ID employer number as they are not proof of nonprofit status. Nonprofit Articles of Incorporation OR a current Certificate of Good Standing. Don't have a copy? This certificate must be obtained each year from: Secretary of State, Business Services Div., 180 State Office Building, St. Paul, MN 55155 Phone: 651-296-2803 Internal Revenue Service - IRS income tax exemption [501(c)] letter in your organization's name. Don't have a copy? To obtain a copy of your federal income tax exempt letter, have an organization officer contact the IRS at 877-829-5500. Revenue Service - Affiliate of national, statewide, or international parent nonprofit organization (charter) —internal If your organization falls under a parent organization, attach copies of both of the following: a. IRS letter showing your parent organization is a nonprofit 501(c) organization with a group ruling, and b. the charter or letter from your parent organization recognizing your organization as a subordinate. Internal Revenue Service - proof previously submitted to Gambing Control Board from the Internal Revenue Service, no attachment is required. If you previously submitted proof of nonprofit status EXCLUDED BINGO ACTIVITY . 1. X No —Yes Has your organization held a bingo event in the current calendar year? If yes, list the dates when bingo was conducted 2. The proposed bingo event for which we are applying will be: - CZ Itt 10ei one of four or fewer bingo events held this year. Dates 1110 OR __conducted up to 12 consecutive days in connection with a: _county fair. Dates —civic celebration. Dates '6o 0 - 7f6) V1 —Minnesota state fair. Dates., bingo Daytime -S 3. Person in charge of event phone 4. Name where bingo will be conducted 41-ol/qv) of premises 5. Premises street address W () 1-41 "Pil 0- a 6. CityC If township, name of township County vellv4p /210 r Bingo h cards and bingo number selection devices may be borrowed from another organization authorized to conduct bingo. Otherwise, bingo hard cards, bingo paper, and bingo number selection devices must be purchased from a distributor licensed by the Gambling Control Board. To find a licensed distributor, go to www.gcb.state.mn.us and click on List of Licensed Distributors. Or call 651-639-4076. Be sure to complete page 2 �' G LG24013 Application to conauct l=xcluaea rsi The information provided in this applicazYlo is complete and Chief executive officer's signature,-/.%'' ame (please If the gambling premises is within city limits, the cit On behalf of the city, 1 approve this application for excluded bingo activity at the premises located within the city's jurisdiction. Page 2 of 2 7/09 to the best of my knowledge. Phone number / Date g l l f 1 Print city name Signature of city personnel receiving application Title Date If the gambling premises is located in a township, only the county is required to sign this application. For the county: On behalf of the county, I approve this application for excluded bingo activity at the premises located within the county's jurisdiction. For the township: On behalf of the township, 1 acknowledge that the organization is applying for excluded bingo activity within the township limits. Print county name Signature of county personnel receiving application Title Date / /, (Township signature is not required) Print township name A township has no statutory authority to approve or Signature of township official acknowledging application deny an application (Minn. Stat. 349.166, Subd. 2). Title Date— Ma i:1 ateMail Application and Attachments) Send the application and proof of nonprofit You will receive a document from the Gambling Control Board with status to: your excluded permit number for the gambling activity. Your Gambling Control Board organization must keep its bingo records for 3-1/2 years. Suite 300 South 1711 W. County Rd. B Questions? Contact the Gambling Control Board at 651-639-4000. Roseville, MN 55113 This form will be made available in alternative format (i.e. large print, Or, you may fax it to 651-639-4032. Braille) upon request. Data Privacy Notice: The information requested on this form (and any attachments) will be used by the Gambling Control Board (Board) to determine your qualifications to be involved in lawful gambling activities in Minnesota. You have the right to refuse to supply the information requested; however, if you refuse to supply this information, the Board may not be able to determine your qualifications and, as a consequence, may refuse to issue you an authorization. If you supply the information requested, the Board will be able to process your application. Your name and your organization's name and address will be public information when received by the Board. All the other information will be private data until the Board issues your authorization and the information then becomes public. If the Board does not issue you an authorization, all information provided remains private, with the exception of your name and your organization's name and address which will remain public. Private data about you is available to: Board members, Board staff whose work requires access to the information; Minnesota's Department of Public Safety, Attorney General; Commissioners of Administration, Finance, and Revenue; Legislative Auditor, national and international gambling regulatory agencies; anyone pursuant to court order; other individuals and agencies that are specifically authorized by state or federal law to have access to the information; individuals and agencies for which law or legal order authorizes a new use or sharing of information after this Notice was given; and anyone with your consent. 6,53 CONSENT AGENDA #6 TO: Mayor and City Council Anne Norris, City Manager FROM: Charles Hansen, Finance Director C R SUBJECT: Resolution Ordering the Preparation of an Assessment Roll, Declaring the Amount to be Assessed, and Setting the Date for a Public Hearing for Year 2009 Delinquent Accounts. Each year, the city levies special assessments on properties that have received services during the year, but have not paid the invoices that were sent out. These services include: utility charges, administrative citations, abatement of public health/safety hazards, tree trimming/removal, weed elimination and false alarm fines. Discussion: Receivables that are included in the assessment are those that were 30 or more days delinquent on July 31, 2009. The total amounts due as shown on the resolution will be reduced by customer payments as they come in. The attached resolution sets the public hearing for Octomber 20, 2009 at 7:00 PM. Letters will be sent on about September 18th to the owners of each property with an assessment to notify them of the special assessment and of this public hearing. Notice of the public hearing will also published in the Crystal/Robbinsdale Sun Post in late - September. Recommended City Council Actions: It is recommended that the City Council approve the resolution with any needed change to the date proposed for the public hearing. RESOLUTION NO. 2009 - RESOLUTION ORDERING THE PREPARATION OF AN ASSESSMENT ROLL, DECLARING THE AMOUNT TO BE ASSESSED, AND SETTING THE DATE FOR A PUBLIC HEARING FOR YEAR 2009 DELINQUENT ACCOUNTS WHEREAS, properties within the city have benefited from services provided. BE IT RESOLVED that the City Council of the City of Crystal, Minnesota, hereby approves the following: 1. That an assessment roll be prepared for delinquent payment of services 2. That amounts currently eligible for assessment are declared to be: Utility charges $574,542.95 Administrative citations $101,465.50 Abatement of public health & safety hazards $18,897.58 Tree trimming/removal $21,750.57 Weed elimination $7,115.06 False alarm fines $1,440.00 3. That a public hearing will be held on Tuesday, October 20, 2009 The City Council will meet in the Council Chambers at City Hall, 4141 Douglas Drive N., on Tuesday, October 20, 2009, at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider assessments to be levied against properties benefiting from services provided. Property owners may appear at this public hearing to object to proposed assessments against their property. The Finance Director is hereby directed to cause a notice of the hearing on the proposed assessments to be published once in the official newspaper at least two weeks prior to the hearing. The notice shall include the total amount to be assessed. Mailed notice shall be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property. ® If the entire assessment is paid by 4:30 p.m. on Monday, November 30, 2009, no interest will be charged. ® Payments made from Monday, November 16, 2009, through Monday, November 30, 2009, will ONLY be accepted in the form of cash, money order, cashiers check or credit card (MasterCard or VISA accepted). Checks will not be accepted. Payments must be made in person at the front desk of City Hall between the hours of 8:00 a.m. — 4:30 p.m, Monday -Friday. ® Delinquent balances not paid by 4:30 p.m. on Monday, November 30, 2009, will be assessed against the property. This means that the delinquent balance will be reported to Hennepin County, which will add it to the 2010 property tax statement for the Service Address. Assessed amounts will accrue interest at an annual rate of twelve percent (12%) from November 1, 2009, through December 31, 2010. ® An owner may, at any time thereafter, pay to Hennepin County the entire amount of the assessment remaining unpaid, with interest (12%) accrued to December 31 st of the year in which such payment is made. Adopted by the City Council of the City of Crystal this 18th day of August 2009. ReNae Bowman, Mayor ATTEST: Janet K. Lewis, City Clerk CONSENT AGENDA #7 RESOLUTION NO. 2009 - RESOLUTION AUTHORIZING EXECUTIONOF SOBERA SAFE AND -:ENFORCEMENTGRANT AGREEMENT WITH THE • OF WHEREAS, the State of Minnesota Department of Public Safety, Office of Traffic Safety will make grant fundsavailable for traffic enforcement (DWI, Seat Belt, and Speed) projects to local law enforcement agencies from October 1, 2009 through September 30, 2010 AND WHEREAS, the Crystal Police Department has partnered with Golden Valley, New Hope and Robbinsdale Police Departments to provide a coordinated enforcement effort And WHEREAS, the City of Crystal agrees to allow the City of Golden Valley to coordinate and administer the joint 2009-2010 Safe and Sober Traffic Enforcement Project grant that has been funded for $40,000. NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council hereby authorize the Crystal Police Department to enter into an agreement with the Minnesota Department of Public Safety, Office of Traffic Safety for the period from October 1, 2009 to September 30, 2010. Adopted by the Crystal City Council this 18th day of August 2009. ReNae J. Bowman, Mayor ATTEST: Janet Lewis, City Clerk 4141 Douglas Drive North Crystal, MN 55422-1696 July 23, 2009 Anne Norris, Crystal City Manager 51me'VA, Phone: 763-531-1014 Fax: 763-537-3279 REGULAR AGENDA #1 FROM: Tom Mahan, Animal Control Officer SUBJECT: New Private Kennel License Inspection 3100 Yukon Avenue North On July 22, 2009, 1 performed an announced private kennel inspection at 3100 Yukon Avenue North, the residence of Sandra Lundgren. There were three dogs present. All of the animals are currently vaccinated for rabies and licensed in Crystal. The animals exhibited appropriate behavior. The animals' food was kept in bins in the kitchen. The interior and exterior of the home appear to be clean. The applicant has weekly refuse removal by Randy's Sanitation. The back yard is fenced and appears to be in a satisfactory condition. There has been one complaint concerning the animals at this residence, one dog running loose. I feel this kennel application does qualify for approval of a new private kennel license. Reviewed by City Manager E/1' Reviewed by City Clerk "Se7-Vice with Compassion and Integrity" FM City -' —x ---'Y &YSTAL Private Kennel License Inspection Report Date inspected by i4 cu Case Number 09 ( Applicant Address 0 J Zip Code Phone Number \ -Alternate Phone Number Property Owner (if not applicant) Phone Number c7Veterinary Clinic Phone Number �,)_-1-|-�'L�7 C, Species Breed and colors Name Sex Altered License # Rabies Tag # Expires COA MO Ly 110 Animals receive routine veterinary care? Animals appear healthy and well cared for? Method offood storage Food and water availability Method offeces disposal Method ofanimal confinement Animals' living quarters }ns|de____�� Yes No Yes No Animals' temperament/behavior acceptable? Yes Additional information/Comments Frequency t -C Hauler 5 Outside Type of shelter NoExp|a|n_______ Accept RejectConditions ofLicense x:/manuforms/Crynta| Updated 7/23/2009 APPLICATION FOR LICENSE City of Crystal 4141 Douglas Drive -N, Crystal, MN 55422 Telephone: (763) 531-10001 Facsimile: (763) 531-1188 Deaf and hard of hearing callers may call Minnesota Relay at 711. Applicant's Name: t Fee:*(0100.4145) $ Home Address: �Q 4 Home Phone: ( ) City/State/Zip: c-,� '�, a Cell Phone: ( L ) Business Name: — Business Phone: Doing Business As: Fax Phone: Business Address, including zip code: MN Tax ID #:. Federal Tax ID #: �— I enclose the sun of A �--oo and 00/100 dollars to the City of Crystal as required by the Ordinances of said City and have complied with all the requirements of said Ordinances necessary for obtaining this License. I hereby make application to OPERATE A (check one): ❑ COMMERCIAL or XPRIVATE ANIMAL KENNEL at the above business address for the period through April 30, 20 , subject to all conditions and provisions of said Ordinance. ADDITIONAL REQUIREMENTS 1. Commercial & Private licenses: Kennel License Supplemental Form 2. Private license: Copy of current rabies vaccination forms 3. Private license: Copy of current dog licenses from police dep't. *Fee: If exempt, fill out Licensing Fee Exemption Form (Fee = commercial kennel: $125/new; $105/renewal - private kenn(: $88/ne $68/renewal) APPLICATION FOR LICENSE INVOLVING PRIVATE OR CONFIDENTIAL INFORMATION (Includes Tennessen lf,arning) Under Minnesota law (M.S. 270.72), the agency issuing you this license is required to provide to the Minnesota Commissioner of Revenue your Minnesota business tax identification number or the Social Security number of each license applicant. Under the Minnesota Government Data Practices Act and the Federal Privacy Act of 1974, we must advise you that: m This information may be used to deny the issuance, renewal or transfer of your license if you owe the Minnesota Department of Revenue delinquent taxes, penalties, or interest; o The licensing agency will supply this information only to the Minnesota Department of Revenue. However, under the Federal Exchange of Information Act, the Department of Revenue is allowed to supply this information to the Internal Revenue Service; a Failure to supply this information may jeopardize or delay the issuance of your license or the processing of your renewal application. City Use Only: JDE# —I J�4 Date Entered: --I • I S. oq PIMS ID# Council Date: 9 -16 —oc I:\ADMIMLICENSING�Application Forms\Animal KennehAnimal Kennel.doe Certificate of Compliance Minnesota Workers' Compensation Law PRINT IN INK or T xTE. Minnesota Statutes, Section 176.182 requires every state and local licensing agency to withhold the issuance or renewal of a license or permit to operate a business or engage in any activity in Minnesota until the applicant presents acceptable evidence of compliance with the workers' compensation insurance coverage requirement of Minnesota Statutes, Chapter 176. The required workers' compensation insurance information is the name of the insurance company, the policy number, and the dates of coverage, or the permit to self -insure. If the required information is not provided or is falsely stated, it shall result in a $2,000 penalty assessed against the applicant by the commissioner of the Department of Labor and Industry. A valid workers' compensation policy must be kept in effect at all times by employers as required by law. (individual name only if no company name used) DBA (doing business as LICENSE OR PERMIT NO (if applicable) ADDRESS (PO Box must include street address) I CITY STATE ZIP CODE YOUR LICENSE OR CERTIFICATE WILL NOT BE ISSUED WITHOUT THE FOLLOWING INFORMATION. You must complete number 1, 2 or 3 below. E+ R I COMPLETE THIS PORTION IF YOU ARE INSURED: INSURANCE COMPANY NAME (not the insurance agent) WORKERS' COMPENSATION NUMBER 2 COMPLETE THIS PORTION IF SELF-INSURED: ❑ I have attached a copy of the permit to self -insure. NUMBER R 3 COMPLETE THIS PORTION IF EXEMPT: I am not required to have workers' compensation insurance coverage because: I have no employees. I have employees but they are not covered by the workers' compensation law. (See Minn. Stat. Sec. 176.041 for a list of excluded employees.) Explain why your employees are not covered: ❑ Other: ALL APPLICANTS COMPLETE THIS PORTION: I certify that the information provided on this form is accurate and complete. If I am signing on behalf of a business, I certify that I am authorized to sign on behalf of the business. SIGNATURE (mandatory) DATE -1 /. NOTE: If your Workers' Compenskion policy is canceled within the license or permit period, you must notify the City of Crystal by resubmitting this form. This material can be made available in different forms, such as large print, Braille or on a tape. To request, call 1-800-342-5354 (DIAL -DLI) Voice or TDD (651) 297-4198. MN LIC 04 (11/08) I:\ADMIN\LICENSING\Applicafion Forms\WORKERS' COMP INFO.doc 9 4. 19 Type of Kennel (check one): Zoning Classification of Adjacent Property Uses: North: South: Q -e KENNEL LICENSE SUPPLEMENTAL FORM ❑ Commercial East: West: Private Nature and/or extent of kennel operation, including number of animals on the premises: 3 Kennel layout and co: 0 1 k Please provide in the table below the information requested from neighbors located on either side of your property, the two houses across the street, and the two houses behind them. If your property is located on a corner lot, signatures must be obtained from the side houses and all comers. Please print .-cleg U1. N I ame &J Address Zip code Home phone (Include area code)] Work phone (Include area code) .0 33 _�;J -;Z /OY La -6/7 I&e a�) �Z7 7 // ? ***Please note that letters will be sent to each person listed in this table. The letter will include the applicant's name and address and the date of the council meeting at which this kennel license will be an agenda item.*' We, the undersigned, consent to the residence at 3 foo ' .,IW (� ok �� - M (house number, street, and zip code) in the City of Crystal, having three (3) or up to five (5) animals on the premises. Crystal City Code section 910.05, Subd. 3 An applicant for a kennel license must provide an up-to-date detailed plan and description of the premises and structures wherein the kennel is to be operated, the number and types of animals proposed to be handled therein, and such other information as the city may deem necessary. The maximum number of dogs or other animals that may be kept in a licensed private kennel is five. The council may require that an applicant for a private kennel license show evidence that the abutting property owners have been informed of his/her intentions. A kennel license may not be issued to an applicant located within 50 feet of an existing restaurant, except upon approval of the health authority and subject to such limitations as may be prescribed by the health authority. Applicant Signature:. I1ADMn-PLICENSINMAppli.6..F.tt \AW -,I KMtd.21 K=0 S.ppl—m.1 F.—d.. Dated: -11, fa9 REGULAR AGENDA #2 COUNCIL STAFF REPORT th Fff U Yf' Conditional Use Permit at 4611 36 Avenue North llc��STAL J L C_; FROM: Jason Zimmermann, Code Enforcement and Zoning Administrator 15Z 9Z DEPARTMENT HEAD REVIEW: Patrick Peters, Community Development Director DATE: August '11,2009 TO: Anne Norris, City Manager (for August 18th City Council Meeting) SUBJECT: Application 2009-12 for a Conditional Use Permit for a limited residential use to be located above an existing commercial use at 4611 36th Avenue North. FEmmon��, l The subject property is zoned C-1, Neighborhood Commercial. The owner of the building intends to use the second floor of the commercial building for limited residential purposes. The second floor was previously used as an apartment prior to it being converted into office/showroom and storage space in the early 1990's for the hardwood floor store located on the first floor. Because the residential use was discontinued for more than one year, it is not "grandfathered in" as a lawful non- conforming use. In August 2007, the City Council approved an ordinance amending Section 515.45 to allow limited residential uses in the C-1 district as a conditional use. This would allow the proposed 2nd floor apartment upon issuance of a Conditional Use Permit. The Planning Commission held the required public hearing on August 10, 2009. Prior to the hearing, notice was mailed to all property owners within 350 feet and published in the Sun Post on July 30, 2009. The following Exhibits are attached: A. Aerial photo showing the location of the subject property. B. Narrative submitted by applicant. C. 15' Floor plan submitted by applicant. D. 2nd Floor plan submitted by applicant. E. Parking plan submitted by applicant. CONDITIONAL USE PERMIT —4611 36" AVENUE NORTH Page 1 of 3 B. STAFF COMMENTS 1. SPECIFIC CONDITIONAL USE PERMIT REQUIREMENTS The proposed use described in the narrative and site plan would comply with city code if a Conditional Use Permit is approved for limited residential uses. The proposed residential use would comply with required conditions listed in 515.45 Subd. 4 d): The city council finds that establishment of the residential use would not adversely impact adjacent non-residential uses. The residential use would not have a negative impact on adjacent uses. The building is existing and parking is available on site to accommodate the residential use. The property must continue to principally be a commercial use in accordance with Subd. 2, permitted uses for the'C-1 district. The main floor will continue to be a hardwood floor store. The residential use will be confined to the 2nd floor only. ® The gross floor area of the residential use shall not exceed the gross floor area of the permitted principal use. The gross floor area of the commercial space is 1,164 square feet. The floor area for the proposed residential space is 878.5 square feet. ® Parking spaces for both the commercial and residential uses shall be provided in accordance with the requirements of section 515.17; except that if the residential use is located within an existing building and the residential use will not increase parking demand compared with the existing use of the space, then no additional off-street parking is required. Additional parking is not required since the residential use is located within the building. 5 parking spaces are required. Of these, two spaces shall be designated for the 2nd floor residential use. 13 To maintain the commercial character of the district when considering a specific application, the city council may impose additional requirements related to the building exterior, ingress or egress, and site conditions. No additional requirements are recommended by staff. The city council determines that all applicable requirements of subsection 515.05, subdivision 3 a) and section 520 are considered and satisfactorily met. 515.05 Subd. 3 a): In addition to specific standards or criteria included in the applicable district regulations, the following criteria shall be applied in determining whether to approve a conditional use permit request: 1) The consistency of the proposed use with the comprehensive plan. CONDITIONAL USE PERMIT — 4611 36" AVENUE NORTH Page 2 of 3 The property is guided for Neighborhood Commercial. These areas are generally relatively small in size and provide day-to-day convenience retail and service opportunities within easy walking and biking distance of surrounding neighborhoods. The purpose of the C-1, District is to provide for offices, low intensity small scale retail or service businesses and compatible limited residential uses. 2) The characteristics of the subject property as they relate to the proposed use. Provided parking spaces will be clearly signed and striped for commercial and residential users. 3) The impact of the proposed use on the surrounding area. Provided all conditions are met, it would have no adverse impact on the surrounding area. Section 520 (Site Plan Review) does not apply because the proposed use would not involve building additions or other construction triggering the requirements of that section. At its August 10, 2009 meeting, the Planning Commission voted 6-0 to recommend approval, subject to the following conditions: 1. Parking spaces shall be clearly striped and signed indicating the respective commercial and residential parking spaces. Prior to issuance of any building permit, certificate of occupancy or rental license for the 2"' floor, the property owner must submit a parking layout plan demonstrating compliance with the parking requirements for city staff for review and approval. Striping and signage shall be completed in accordance with the approved parking layout plan. 2. If the 2nd floor is to be occupied by anyone other than the owner of record, the owner must submit a rental license application, schedule an inspection, and be issued a rental license prior to occupancy. SUGGESTED FINDINGS OF FACT: The proposed limited residential use would be consistent with the requirements of city code, provided that all of the conditions of approval contained in Section C of the staff report are met. City Council action is requested. CONDITIONAL USE PERMIT — 4611 36" AVENUE NORTH Page 3 of 3 Hennepin County Property Map Print Page 1 of 1 Hennepin County Propertya - Tax Year® 2009 The data contained on this page Is derived from a compilation of records and maps and may contain discrepancies that can only be disclosed by an accurate survey performed by a licensed land surveyor. The perimeter and area (square footage and acres) are approximates and may contain discrepancies. The information on this page should be used for reference purposes only. Hennepin County does not guarantee the accuracy of material herein contained and is not responsible for any misuse or misrepresentation of this information or its derivatives. Selected Parcel Data Parcel ID: 07-029-24-12-0099 Owner Name: RICHARD BECHT Parcel Address: 4611 36TH AVE N, CRYSTAL, MN 55422 Property Type: COMMERCIAL -PREF Homestead: NON -HOMESTEAD Area (sgft): 3021 Area (acres): 0.07 A -T -B: TORRENS Market Total: $200,000.00 Tax Total: $5,748.98 Date Printed: 8/3/2009 2:39:16 PM Current Parcel Date: 7/4/2009 Sale Price: $50,255.00 Sale Date: 03/2002 Sale Code: http://gis.co.hennepin.nm.us/HCPropertyMap/Locator. aspx?PID=0702924120099 IBIIT�A 08/03/2009 7-16-09 Richard & Elizabeth Becht P.O. Box 22277 Rbnsdl, MN 55422 612-270-4263 RE: Property at 4611 36th Ave N Crystal, MN 55422 Property ID 07-029-24- 12 0099 The East 40 feet of Lots 29 and 30, Block 4, Woodland Homes We would like to request to have the upstairs apartment reinstated as an apartment as it was in previous years, rather than in the commercial classification. We did not even realize that the classification of the property had changed. The purpose would be for us to live in it or in the future rent the apartment. We would like to be reinstated in the Class L303 50054 Residential Specialty Contr or Residential use in the C-1 neighborhood commercial district. Thank you for taking the time to review our request. Sincerely, Richard & Elizabeth Becht �� . ►. 1 =�, r 1 Parking 35.5Ox25 28x36 Stairs m mcm 9xx nam Fumh QI o`x x U) a °' Dumpster Stairs 13x 1 2 Bathroom w,mor O eomm Store Parking 9x19 Parking Parking 2nd floor 2nd floor 9x19 9x19 �� is ■ r` ■ REGULAR AGENDA #3 COUNCIL STAFF REPORT . �CITYW I Administrative Appeal - 5153 Idaho Avenue North C i��Ysl— F C__ FROM: John Sutter, City Plan ner/Assistant Community Development Directo DEPARTMENT HEAD REVIEW: Patrick Peters, Community Development Director DATE: August '11,2009 TO: Anne Norris, City Manager (for August 18th City Council Meeting) SUBJECT: Consider an Administrative Appeal of the staff determination that a proposed clinic at 5153 Idaho Avenue North would be an expansion of the existing nonconforming use The subject property is zoned R-1 Low Density Residential. Enviroclean presently uses the building for its business office and storage of equipment related to services they provide off-site. The owner is considering a sale of the property to Therapy Junction, which would convert the building into a clinic providing outpatient pediatric therapy services including occupational, speech and aquatic therapy. City staff has determined that Therapy Junction would represent a change and expansion of the existing nonconforming use, and is therefore prohibited by city code. The property owner submitted an Administrative Appeal asking the Planning Commission and City Council to overturn the staff determination. On August 10, 2009, the Planning Commission held a public hearing on the appeal and voted 6-0 to recommend that the City Council uphold the staff determination. The following Exhibits are attached: A. Crystal city code Section 515.01 Subd. 8 B. Aerial photos C. Survey of the property D. Hennepin County Assessing information E. Business Information Form submitted by proposed user F. City and West Metro Fire Rescue District responses to the B.I.F. submittal G. Information regarding the current and proposed uses H. Proposed floor plan with corrected dimensions Page 1 of 4 B. STAFF COMMENTS The subject property is comprised of a building containing 6,950 sq. ft. and a hard surfaced parking lot containing 20 spaces. Neither the building nor the parking lot conform to the setback and other dimensional requirements of city Code. However, they are lawfully non -conforming structures and may continue in their present form and extent but may not be expanded. Similarly, the present use of the building (office/warehouse) is not permitted by city code except as a lawful non -conforming use which may continue but may not be expanded. 1. Parking a. Spaces required by city code. The proposed use would be comprised of 5,360 sq. ft. of gross floor area for the clinic and 1,600 sq. ft. of gross floor area for unfinished storage areas. This yields a minimum parking requirement of 22 spaces under Section 515.17 of city code. The existing parking lot provides 20 spaces. Thus if the proposed use is approved it would immediately be in violation of the minimum parking requirements. At the Planning Commission hearing, the property owner stated that additional parking spaces could be added to the site. However, that would be an expansion of existing non -conforming structures and thus would not be permitted. b. Estimated parking demand of the present use vs. the proposed use. The present use results in 7 employee vehicles throughout the work day, plus 4 customer vehicles and 3 delivery vehicles at various times during the work day. The proposed use would result in 5 employee vehicles throughout the work day and 35 customer vehicles at various times during the work day. 2. Trip Generation The present use results in 14 employee vehicle trips per day, 8 customer trips per day and 6 delivery trips per day, for a total of 28 vehicle trips per day. The proposed use would result in 10 employee trips per day and 70 customer trips per day, for a total of 80 vehicle trips per day. 3. Building Use Based on West Metro Fire Rescue District's response to the Business Information Form, the building's occupancy classification under the fire code would change to a more intensive use requiring installation of a fire sprinkler system. The current use is mostly storage. The proposed use would have 5,360 sq. ft. for the clinic and 1,600 sq. ft. for storage. Clinic uses are more intensive than storage uses, as evidenced by the parking requirements and trip generation figures. Page 2 of 4 C. FINDINGS OF FACT RECOMMENDED BY THE PLANNING COMMISSION The proposed use, Therapy Junction, is not permitted at 5153 Idaho Avenue North and the staff determination of same is upheld for the following reasons: Whereas, the subject property is zoned R-1 Low Density Residential; and 2. Whereas, the present use, Enviroclean, is a building maintenance contractor performing work off-site and using the building on the subject property for its business office and storage related to its off-site operations; and 3. Whereas, the present use is not permitted in the R-1 district but may continue as a lawful non -conforming use subject to the restrictions and limitations on city code Section 515.01 Subd. 8; and 4. Whereas, the proposed use, Therapy Junction, an outpatient medical clinic, is also not permitted in the R-1 district; and 5. Whereas, the proposed use would increase the minimum parking requirement to 22 spaces yet only 20 spaces are available on site, thus creating a nonconformity on an issue for which none currently exists; and 6. Whereas, the proposed use would increase the number of daily vehicle trips from 28 to 80; and 7. Whereas, the proposed use has been determined by West Metro Fire Rescue District, in consultation with the city's Building Official, to be a change in use that would require the property owner to install a fire sprinkler system. 8. Therefore we find that the proposed use would not provide the minimum required number of parking spaces in violation of city code Section 515.17 Subd. 4 d); and 9. We further find that the proposed use would increase the number of vehicle trips and therefore is an expansion of use in violation of city code Section 515.01 Subd. 8 b); and 10. We further find that the proposed use is directly prohibited by city code Section 515.01 Subd. 8 e), which states, "A nonconforming use may not be changed to another nonconforming use." 11. Based on these facts, we conclude that the proposed use, Therapy Junction, is not permitted at 5153 Idaho Avenue North. Page 3 of 4 D. COUNCIL ACTION REQUESTED City Council action is requested to either uphold the staff determination based on the findings of fact recommended by the Planning Commission, or overturn the staff determination and Planning Commission recommendation based on other findings to be articulated by the Council. Page 4 of 4 City of Crystal Zoning Code 515.01, Subd. 6 (Rev. 2006) b) Said certificate shall be applied for coincident with the application for a building permit, conditional use permit and/or variance and shall be issued within ten days after the building inspector shall have found the building or structure satisfactory and given final inspection. Said application shall be accompanied by a fee as outlined in section 1015 of the Crystal city code. C) Construction performed pursuant to the provisions of section 400 of the city code and issued a certificate of occupancy under that section shall not be subject to the requirement for a certificate of occupancy established by this section. Subd. 6. Enforcement and Penalties. a) This section shall be administered and enforced by the zoning administrator. The zoning administrator shall be the community development director. The community development director may delegate the duties of zoning administrator to other city staff. The zoning administrator may institute in the name of the city of Crystal any appropriate actions or proceedings against a violation as provided by statute, charter or code. b) Penalties. Any person who violates any of the provisions of this section shall, upon conviction thereof, be fined not more than $700 for each offense, or imprisoned for not more than 90 days, or both. Each day that a violation is permitted to exist shall constitute a separate offense. Subd. 7. Application and Interpretation. a) In their application and interpretation, the provisions of this Code shall be held to be the minimum requirements for the promotion of the public health, safety and welfare. b) Where the conditions imposed by any provisions of this Code are either more or less restrictive than comparable conditions imposed by any applicable state law or regulation or any city ordinance or resolution of any kind, the regulations that are more restrictive or which impose higher standards or requirements shall prevail. C) No structure shall be erected, converted, enlarged, reconstructed or altered, and no structure or land shall be used for any purpose nor in any manner that is not in conformity with the provisions of this Code. Subd. 8. (Amended, Ord. 2004-11) Nonconforming Uses. a) It is the purpose of this subsection to provide for the regulation of nonconforming buildings, structures and uses, hereinafter "nonconforming uses", and to specify the requirements and conditions under which nonconforming uses may be operated and maintained. The zoning code establishes separate districts, each of which is an appropriate area for the location of uses that are permitted.in that district. It is necessary and consistent with the establishment of these districts that nonconforming buildings, structures and uses not be permitted to continue without restriction. (Amended, Ord. 2006-11, Sec. 1) City of Crystal Zoning Code 515.01, Subd. 8 b) (Rev. 2006) b) The lawful use or occupation of land or premises existing at the time of adoption of this section may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion, unless: 1) the nonconformity or occupancy is discontinued for a period of more than one year; or 2) any nonconforming use is destroyed by fire or other peril to the extent of greater than 50% of its market value, and no building permit has been applied for within 180 days of when the property is damaged. The city assessor will determine market value under this subsection. G) After a nonconforming use has terminated, any subsequent use or occupancy of the land, building or structure must be a conforming use or occupancy. d) No nonconforming use may be moved to another lot or to any other part of the parcel of land upon which the same was constructed unless such movement brings the non- conformance into compliance with this code. (Amended, Ord. 2006-11, Sec. 1) C) A nonconforming use may not be changed to another nonconforming use. f) When any nonconforming use has been changed to a conforming use, it may not later be changed to a nonconforming use. g) A nonconforming use may be changed to lessen the nonconformity. Once lessened, the use may not be changed to increase the nonconformity. h) Alterations may be made to a building containing lawful nonconforming residential units to improve livability of the units, provided the alterations do not increase the number of dwelling units or size or volume of the building. For any nonconforming 1 -family or 2 - family dwelling, any expansion of habitable space into previously unfinished portions of a building is not considered an expansion of the nonconforming use. (Amended, Ord. 2006-11, Sec. 1) <mw = 77 rh m ' 1 , it jjrr COUP: TP 1. t tJ.'.•: C ` \ VIM n.A.: Vii+• '�;',.... � � `� � \ .. ..lya �'•.�* t Aj ass fi bra s es i Off li � � - 3.•,Q,V: LT'27 � .. r y l i � 1 'yJ } .Ni f•f �•' •: .. It,.i' ri � � 'iL} � aid ! ` 1 t 5� T r al a , r Gy%9 6...4 t t IJ rAj pri1itdetai1sjsp Page I of 2 Property ID: 08-118-21-13-0014 Address: 5153 IDAHO AVE N Municipality: CRYSTAL School Dist: 281 Construction year: 1954 Watershed: 8 Approx. Parcel Size: N213X72X221X124 Sewer Dist: X Owner Name: BLAINE S HANSEN Taxpayer Name BLAINE S HANSEN & Address: 3334 XERXES AVE N MINNEAPOLIS MN 55412 Most Current Sales Information Sales prices are reported as listed on the Certificate of Real Estate Value and are not warranted to represe arms -length transactions. Sale Date: December, 2003 Sale Price: $350,000 Transaction Type: Warranty Deed Addition Name: JAYFLO SUBD Lot: 006 Block: 001 Metes & Bounds: Abstract or Torrens: ABSTRACT Value and Tax Summary for Taxes Payable 2009 Values Established by Assessor as of January 2, 2008 Estimated Market Value: $400,000 Limited Market Value: $400,000 Taxable Market Value: $400,000 Total Improvement Amount: Total Net Tax: $12,638.10 Total Special Assessments: Solid Waste Fee: $43.84 Total Tax: $12,681.94 Property Information Detail for Taxes Payable 2009 Values Established Ir, as of January 2, 2008 K70 "M Land Market Building Market Machinery Market Total Market: Land Limited Building Limited Total Limited: Qualifying Improvements Classifications: Property Type Homestead Status $100,000 $300,000 $400,000 $100,000 $300,000 $400,000 INDUSTRIAL - PREFERRED X NON -HOMESTEAD LU http://www1 6.co.helinepin.nm.us/pins/Prilitdetailsjsp?pid=0811821130014 8/4/2009 Parcel No 08-118-21-13-0014 Hennepin County APEX SOFTWARE 800-85M958 Apx7100-wApox2 06/21/2009 23:24 ORj!9/2009 W12 FAX tffSTAL 9529491350 AQUATICTHERAPY .4141 Douglas Drive North, Crystal, NN 55422-1696 Telephone: (763) 531-1000 /Facsimile: (763) 531-1188 PAGE 01/02 %0*01tooi IRWk8 (-Q1 D -DIC) � Cc-- Anxindo bue)l Stow -e �tQrG�n PLEASE)VOM You are being asked to Provide informadon to help city staff delermine what steps are necessary for you to, operate your business in accordance with established ordinances. Information you provide will be revicivedwithbi 48 hours,. after Which time yorl will be notified of r1quir8d licenses, permits) zonhig or land use Issues. This is not a "w-1004 request .related to Zolfhzg" 1411del' Minnesota Statutes 15.99. Name of Propo god Business. Contact Name: CmIact Address: Contact Phone:L5wz) 5v�>2-- 3 �)-5D What is the proposed address for your business? .-, i - _a_0 -19 111; /Ave, Y'N'?- How is this space ourrontly being used? I idrn P1 What is your proposoduso for this spaoe (itoms being sold, services provided, ow)? M1.) bit; UNDEWANP TWPRaPQS0) WSE, ,aZAM041P, COMMMN79 MOM WEST METRO FIRE INSPECTORS WDLL NOT BE INCLUDED IN CITY STAFF COMMENT BUT WILL JRESENr UNDW? WPARATS COVER, STAFF USE OXLY Involved Staff-, Review Required: Licenses/Pormits/Royiewq Required: X Building Official M Yes M No ;_K City Clerk 0 Yes Q No 0 Forester n Yes C1 No Health 4�,p 0 Yes 0 Na X Planner F1 Yes it No M polioe Chief 13 Yes 0 No 0 Publir, Works Dir, EJ Yes 0 No ),'gest Metro fire Q Yes M No E2 Cc Ass SM' Intake Date; ft n this form to orhmE e -t Please returC 2 business days of intake date, LkTlmsinm INFOKMATJOI3 POAM-n*w vurglon Maty 2MdQc! a -p6/21/2009 23:24 9529491350 AQUATICTHERAPY PAGE 02/02 In gy A LoOlk6f Do June 30, 2009 4141 Douglas Drive North - Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 - Fax: (763) 531-1188 - www.ci,crystal.rnn.us Jennifer Tvrdy 14325 Fairway Drive Eden Prairie, MN 55344 Re: Business Information Form for proposed business Therapy Junction 5153 Idaho Avenue North, Crystal Dear Ms. Tvrdy: The city of Crystal staff has reviewed your Business Information Form and would like to make you aware of the following requirements and recommended next steps. Planning and Zoning (Jason Zimmermann, Zoning Administrator, 763-531-1143): The property is zoned R-1, Low Density Residential and is guided Low Density Residential in the Comprehensive Plan. Therapy service is not a permitted use in the R-1 District, and is therefore not allowed at this property. The existing office use and storage/warehousing use are considered lawfully non -conforming and can continue, although they cannot be expanded in any way. A more intense use, such as the therapy services use, is not permitted. Building (Jack Molin, Building Official, 763-531-1141): The city would require submission of permit applications for any building, mechanical and plumbing permits applicable to your proposed use. Depending upon the anticipated scope of work, submittal of detailed plans may be required at the time of permit application. In addition, a compliance inspection must be conducted prior to city issuance of a Certificate of Occupancy for operation of the proposed use. Health (Amanda Buell, Environmentalist, Hennepin County, 612-543-5216) It is unclear from the preliminary floor plan how the spaces in the building are intended to be used. It may be that licensure would be required by the MN Department of Health (MDH) for the swimming pool. Hennepin County Public Health administers the health regulations in Crystal on behalf of MDH, and you are advised to contact Ms. Buell at the number above for additional information. If you have any questions related to city requirements or staff recommendations, please contact those individual staff members named above. Please keep in mind that comments W6 from West Metro Fire Inspectors will be separate from*the city's response. General questions may be directed to me 763-531-1130. UA Sincerely, Patrick Peters Community Development Director cc: Enviro Clean, Attn: Blaine Hansen, 5153 Idaho Avenue North, Crystal, MN 55428 Amanda Buell, Hennepin County June 23, 2009 Jennifer Tvrdy 14325 Fairway Drive Eden prairie, MN 55344 RE: Crystal Business Information Form for Therapy Junction at 5153 Idaho Ave North . Dear Ms. Tvrdy, In reviewing what was written on the Crystal Business Information Form for the above mention address in Crystal, here is the follow West Metro Fire - Rescue District comments and requirements per the 2007 Minnesota State Fire Code, NFPA Codes, West Metro Fire -Rescue District Policies and City Ordinance: 1. Currently this building does not have a fire suppression system. This would be considered a change of use to the building. It would be a B (Business) and an A (Assembly) Occupancy. The A Occupancy part would be the pool and gym areas. The sprinkler system shall also be monitored. 2. A full building permit application would be required to be submitted to the city for full code review of the building. This would address some issues such as proper exiting, proper number of exits, exit signage and emergency lighting, signage, extinguisher placement, and if any fire walls would be required other fire and building code requirements. Any work being done on the building will require a approval prior to doing the work, and a permit. 3. Provide square footage information for the gym areas. We need this information so that we can provide you with the occupancy load information which shall be posted in the gym areas. 4. How much chemicals will be stored in the building for the pool? This shall be reviewed to verify that the storage of chemicals meets code requirements. 5. What type of appliances will be in the kitchen area? 6. There is one room on the hand drawn plan that does not show a use. How will this room/area be used? 7. Verify that there is an adequate address number on the building. Crystal Business Information Form for Therapy Junction June 23, 2009 Page Two If you have any questions or concerns about the above mentioned items, please don't hesitate to call me at (763) 230-7006. Sincerely, Shelby Wolf Fire Inspector • �� cam+ Blaine and Adelle Hansen 3334 Xerxes Avenue North. Minneapolis, MN 55412 July 26, 2009 John Sutter Crystal City Planner RE: 5153 Idaho Avenue North, Crystal Enclosed is a spreadsheet showing usage of the property by Boyd's Custom Cabinets, prior to 2003; EnviroClean Inc. during 2003-2009; and projected usage by Therapy Junction. Please let us know if you have any questions. My phone number is 612-462-2945. AdeRe Hansen Blaine Hansen 0 h�Y►e '7 3a v �r�i �M CRYSTAL CITY COUNCIL SECOND WORK SESSION WORKING AGENDA Tuesday, August 18, 2009 Immediately after 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, August 18, 2009 in Conference Room A located at 4141 Douglas Drive, Crystal, Minnesota. I. Attendance Il. Agenda The purpose of the work session is to discuss the following agenda items: 13 Zoning text amendment pertaining to telecommunications towers (confidential memo provided in Council and City Manager's packets only) ® Driveway approaches in public right-of-way 13 Tax abatement for 5209 West Broadway (NEAR) Ill. Adjournment The Work Session adjourned at _ p.m. GACity ClerMouncilMork sessions\secondwsagenda8-lM9.doc TO: Mayor and City Council FROM: Anne Norris, City Manager SUBJECT: Driveway Approaches in Boulevard/Right-of-Way In 2004, the City Council spent considerable time discussing changes to the standards for curb cuts and driveway approaches in the boulevard/right-of-way area. At that time, the Council evaluated the then current code language and determined lifestyles had changed and the zoning code was outdated. Consequently, the following changes were made: - driveway width shall not exceed the width of the garage's vehicle entrance plus 6 feet except single stall garages shall have a maximum driveway width of 16 feet; - the maximum curb cut width is 16 feet for single stall garage and 22 feet for 2+ car garages; - in cases where the driveway at the property line is wider than the curb cut, allow an angled transition across the boulevard area provided that the width at the property line does not exceed 22 feet; - for properties with topographic or setback constraints that require the driveway to be wider than 22 feet at the property line, city staff can approve an angled transition taper in the boulevard to the extent necessary to mitigate the constraint; and - additional options were created for auxiliary parking spaces for properties with single car garages. The Council maintained the maximum permitted curb cut width at the property line to 22 feet. At that time, other cities' maximum curb cuts were: Golden Valley: 25 feet New Brighton: 24 feet New Hope: 24 feet Robbinsdale: 22 feet South St. Paul: 22 feet In 2007, the Council moved the provisions regulating curb cuts and driveway approaches in the public boulevard/right-of-way from the zoning code to Section 800 (Streets, Alleys and Public Ways) to accurately reflect where curb cuts and driveway approaches are actually located. Provisions regarding driveways on private property remain in the zoning code. By moving the curb cut and driveway approach requirements to Section 800, there is no longer any variance provision for curb cuts and driveway approaches. Instead, staff was given the authority to grant exceptions in certain cases (bold type below): "The width of driveway approach shall not exceed the curb cut width, unless the property has setback or topographic constraints and the city engineer makes a determination that for the property to have reasonable access the driveway must be allowed to be wider at the property line than it is at the curb cut." ' I= "If the curb cut is narrower than the driveway at the property line, then there may be an angled transition in the width of the driveway approach provided that the angle is no more than 45 degrees. In no circumstance shall any part of the driveway approach exceed 22 feet in width, unless the city manager, upon the recommendation of the city engineer, determines that, due to setback or topographic constraints, greater width in the boulevard is required for an angled transition to a wider, conforming driveway or lawful auxiliary space on private property." Adjacent cities' regulations are as follows: M New Hope is less restrictive in the right-of-way but more restrictive on private property. They do not allow driveways to begin widening until 20 feet from the property line (-35 feet from the curb). However, their maximum curb cut width is 24 feet for a 1-2 car garage and 28 feet for 3+ car garage. Brooklyn Center is similar to Crystal in that driveways cannot begin widening until the property line. However, their maximum curb cut width is 24 feet. Robbinsdale also limits curb cuts to 22 feet but they allow driveways to begin widening at the curb cut. Golden Valley is similar to Crystal in that driveways cannot begin widening until the property line. However, their maximum curb cut width is 25 feet. Brooklyn Park is similar to Crystal in that driveways cannot begin widening until the property line. However, their maximum curb cut width is 25 feet. This issue has recently reappeared with a driveway installed this spring at 5717 Oregon Court. This parcel is in the Thora Thorson Addition and is one that was not completed by the original builder. The new owners purchased the property to finish it and then sell it to their son, who will owner -occupy it. They have largely completed the building and improvements in accordance with the approved plans and EDA development agreement with the exception of the driveway. The driveway at the lot line is approximately 26 feet wide, 4 feet wider than permitted by city code and the EDA development agreement. Because 1) the garage is set back more than the standard 30 foot front setback, 2) other similarly situated three car garage properties, including those in Thora Thorson Addition, comply with the 22 foot maximum driveway width at the lot line, and 3) there were other driveway configuration options possible than the current configuration, the City Engineer and I determined that this situation does not warrant an exception under Section 800. Because there is no variance provision to this requirement, the Council needs to provide direction to staff. Some options are: OPTION #1: Change the code to allow all properties, not just those with setback or topographic constraints, to have their driveway start widening at the curb cut (currently the code does not allow them to widen until they get to the property line). PROS: • Changing the code to allow all driveways to begin widening at the curb cut would eliminate the *need for enforcement action at 5717 Oregon Ct. • Changing the code to allow all driveways to begin widening at the curb cut would reduce future staff and Council time spent enforcing the 22 foot width limit and dealing with citizen complaints about same. CONS: • For owners of properties having unlawful driveway approaches in the street right-of-way that were corrected, or for those who asked first or submitted permit applications for the same thing but were told 'no', it may seem unfair that they were expected to comply but now the code is being changed to accommodate someone else's unlawful driveway approach. These objections may be amplified because this particular case is related to a new house on an EDA lot. • Allowing more pavement in the street right-of-way leaves less room for snow storage, boulevard trees, utilities, and other customary uses with which driveway approaches must share the street right-of-way. OPTION 92 - Leave the code as is and continue with enforcement action at 5717 Oregon Court. PROS: • Would be consistent with city code and practice on other properties in the city for the past five years. This includes many situations where unlawful pavement has been removed from the street right-of-way as part of the city's street reconstruction program. • Ensures that all driveways in Thora Thorson Addition comply with the guidelines contained within the EDA development agreement for each property. Does not "kick the can down the road" for other staff/Councilmembers to deal with later. CONS: ® The owner of 5717 Oregon Ct would be unhappy with the city's action. • Even if the corrective action is limited to the street right-of-way, the city may need to secure a court order or complete some other formal process prior to removal of the unlawful pavement. OPTION #3: To preserve the current code but still enable the owner to complete the project and sell the property to their son, direct staff to defer enforcement action for the driveway at 5717 Oregon Court until either (1) the property ceases to be owned and occupied by the current owner's son, or (2) the driveway is replaced or substantially repaired, or (3) the city reconstructs the curb or street. The driveway would continue to be an unlawful structure in the street right-of-way; but the city would choose to defer correction of the violation for the time being. The city would communicate this in writing to both the current owner and their son, and they would have the obligation to disclose the violation to any future buyer under M.S. 513.55 (sellers' obligation for property disclosure). PROS: • Would accommodate the immediate wishes of the property owner at 5717 Oregon Ct while preserving the long-term intent of the code and EDA development agreement. • The city would not recognize the driveway as a lawful structure; instead, the city would just be deferring enforcement in this particular case. CONS: ® When the property is subsequently sold or its driveway needs to be replaced, it is likely this issue will come up again. No matter what's in the property file, future owners will likely say they weren't aware of the violation and correcting the driveway is unlikely. ® Other property owners, especially in the immediate area, may be encouraged to just go ahead and violate the ordinance and expect the same deferral of enforcement for their violation. CITY ATTORNEY COMMENTS: Normally a city retains significant discretion to change its codes, particularly the type of code section at issue which relates to the regulation of the ROW. We could expect that a disgruntled property owner could sue and claim some sort of denial of rights based on the change. Typically, that type of challenge would not succeed as long as the revision of the former code was reasonable. A relatively minor change such as would be required to address the 5717 Oregon situation would normally not present an issue of increased liability. The concern arises that the City recently went through a comprehensive review of the driveway regulations in general, and in 2007 moved those regulations out of the zoning code for cogent policy reasons. The change proposed seems minor, but we have learned our residents have deeply held beliefs about driveways and curb cuts, so that the change may not be seen as "minor". The Council would need to articulate clear reasons why changing the code as the property owner suggests is good policy in order for the revision to be viewed by a court as "reasonable". I assume that we could establish a reasonable basis for the revision. However, I would expect at least some property owners to request approval for existing driveways under the revised ordinance even though ordinances are normally prospective in effect, and given the interest of the citizens in this matter, we could receive requests for reimbursement for the costs as well so these issues would need to be addressed. There is also the policy issue of whether we would be faced with a greater number of residents breaking other rules and asking for forgiveness later as is presented by the owner of 5717 Oregon Court. City Attorney Mike Norton will be at the August 18 work session to answer questions. As always, let me know what other information you need. TO: Mayor and City Council FROM: Anne Norris, City Manager ffbL-1 SUBJECT: NEAR Food Shelf's Property Taxes Earlier this year, NEAR food shelf relocated to a new location in Crystal to 5209 West Broadway. Their purchase agreement did not include the seller paying the current property taxes on the new location. NEAR is requesting any assistance in reducing its property tax burden for this year. Hennepin County cannot waive the current taxes but the property is identified as exempt in future years so NEAR will not be responsible for property taxes in future years. Hennepin County Assessing suggested the only remedy might be for the city to consider abating its share of property taxes. State law section 469.1813 (attached) allows for the abatement of property taxes, usually in the case of economic development projects. The City Council could only abate the city's share of property taxes. NEAR could also approach Hennepin County and the School District about abating their respective property taxes on the property. 2009 property taxes owed by NEAR total $19,104.42. Of this, approximately $6,300 is Crystal's share of the taxes (I've left a message with Hennepin County for the specific amount) and is the amount the Council could consider abating. If the Council chooses to abate its share of the taxes for 5209 West Broadway, the Council would need to adopt a resolution stating the reason(s) for the abatement. City Attorney Mike Norton will be at the August 18 work session to answer any questions you have. As always, please let me know what other information you need. "WITIM11 or 1 e Minnesota Statute' S 469.1813 ABATEMENT AUTHORITY. Subdivision 1. Authority. The governing body of a political subdivision may grant a current or prospective abatement, by contract or otherwise, of the taxes imposed by the political subdivision on a parcel of property, which may include personal property and machinery, or defer the payments of the taxes and abate the interest and penalty that otherwise would apply, if: (1) it expects the benefits to the political subdivision of the proposed abatement agreement to at least equal the costs to the political subdivision of the proposed agreement or intends the abatement to phase in a property tax increase, as provided in clause (2)(vii); and (2) it finds that doing so is in the public interest because it will: (i) increase or preserve tax base; (ii) provide employment opportunities in the political subdivision; (iii) provide or help acquire or construct public facilities; (iv) help redevelop or renew blighted areas; (v) help provide access to services for residents of the political subdivision; (vi) finance or provide public infrastructure; (vii) phase in a property tax increase on the parcel resulting from an increase of 50 percent or more in one year on the estimated market value of the parcel, other than increase attributable to improvement of the parcel; or (viii) stabilize the tax base through equalization of property tax revenues for a specified period of time with respect to a taxpayer whose real and personal property is subject to valuation under Minnesota Rules, chapter 8100. Subd. la. Use of term. As used in this section and sections 469.1814 and 469.1815, "abatement" includes a deferral of taxes with abatement of interest and penalties unless the context indicates otherwise. Subd. 2. Abatement resolution. (a) The governing body of a political subdivision may grant an abatement only by adopting an abatement resolution, specifying the terms of the abatement. In the case of a town, the board of supervisors may approve the abatement resolution. The resolution must also include a specific statement as to the nature and extent of the public benefits which the governing body expects to result from the agreement. The resolution may provide that the political subdivision will retain or transfer to another political subdivision the abatement to pay for all or part of the cost of acquisition or improvement of public infrastructure, whether or not located on or adjacent to the parcel for which the tax is abated. The abatement may reduce all or part of the property tax amount for the political subdivision on the parcel. A political subdivision's maximum annual amount for a parcel equals its total local tax rate multiplied by the total net tax capacity of the parcel. (b) The political subdivision may limit the abatement: (1) to a specific dollar amount per year or in total; (2) to the increase in property taxes resulting from improvement of the property; (3) to the increases in property taxes resulting from increases in the market value or tax capacity of the property; (4) in any other manner the governing body of the subdivision determines is appropriate; or (5) to the interest and penalty that would otherwise be due on taxes that are deferred. (c) The political subdivision may not abate tax attributable to the areawide tax under chapter 276A or 473F, except as provided in this subdivision. Subd. 3. School district abatements. An abatement granted under this section is not an abatement for purposes of state aid or local levy under sections 127A.40 to 127A.51. Subd. 4. Property located in tax increment financing districts. The governing body of a political subdivision may not enter into a property tax abatement agreement under sections 469.1812 to 469.1815 that provides for abatement of taxes on a parcel, if the abatement will occur while the parcel is located in a tax increment financing district. Subd. 5. Notice and public hearing. (a) The governing body of the political subdivision may approve an abatement under sections 469.1812 to 469.1815 only after holding a public hearing on the abatement. (b) Notice of the hearing must be published in a newspaper of general circulation in the political subdivision at least once more than ten days but less than 30 days before the hearing. The newspaper must be one of general interest and readership in the community, and not one of limited subject matter. The newspaper must be published at least once per week. The notice must indicate that the governing body will consider granting a property tax abatement, identify the property or properties for which an abatement is under consideration, and the total estimated amount of the abatement. Subd. 6. Duration limit. (a) A political subdivision may grant an abatement for a period no longer than 15 years, except as provided under paragraph (b). The abatement period commences in the first year in which the abatement granted is either paid or retained in accordance with section 469.1815, subdivision 2. The subdivision may specify in the abatement resolution a shorter duration. If the resolution does not specify a period of time, the abatement is for eight years. If an abatement has been granted to a parcel of property and the period of the abatement has expired, the political subdivision that granted the abatement may not grant another abatement for eight years after the expiration of the first abatement. This prohibition does not apply to improvements added after and not subject to the first abatement. Economic abatement agreements for real and personal property subject to valuation under Minnesota Rules, chapter 8100, are not subject to this prohibition and may be granted successively. (b) A political subdivision proposing to abate taxes for a parcel may request, in writing, that the other political subdivisions in which the parcel is located grant an abatement for the property. If one of the other political subdivisions declines, in writing, to grant an abatement or if 90 days pass after receipt of the request to grant an abatement without a written response from one of the political subdivisions, the duration limit for an abatement for the parcel by the requesting political subdivision and any other participating political subdivision is increased to 20 years. If the political subdivision which declined to grant an abatement later grants an abatement for the parcel, the 20 -year duration limit is reduced by one year for each year that the declining political subdivision grants an abatement for the parcel during the period of the abatement granted by the requesting political subdivision. The duration limit may not be reduced below the limit under paragraph (a). Subd. 6a. Deferment payment schedule. When the tax is deferred and the interest and penalty abated, the political subdivision must set a schedule for repayments. The deferred payment must be included with the current taxes due and payable in the years the deferred payments are due and payable and must be levied accordingly. Subd. 6b. Extended duration limit. (a) Notwithstanding the provisions of subdivision 6, a political subdivision may grant an abatement for a period of up to 20 years, if the abatement is for a qualified business. (b) To be a qualified business for purposes of this subdivision, at least 50 percent of the payroll of the operations of the business that qualify for the abatement must be for employees engaged in one of the following lines of business or any combination of them: (1) manufacturing; (2) agricultural processing; (3) mining; (4) research and development; (5) warehousing; or (6) qualified high technology. Alternatively, a qualified business also includes a taxpayer whose real and personal property is subject to valuation under Minnesota Rules, chapter 8100. (c)(1) "Manufacturing" means the material staging and production of tangible personal property by procedures commonly regarded as manufacturing, processing, fabrication, or assembling which changes some existing material into new shapes, new qualities, or new combinations. (2) "Mining" has the meaning given in section 613(c) of the Internal Revenue Code of 1986. (3) "Agricultural processing" means transforming, packaging, sorting, or grading livestock or livestock products, agricultural commodities, or plants or plant products into goods that are used for intermediate or final consumption including goods for nonfood use. (4) "Research and development" means qualified research as defined in section 41(d) of the Internal Revenue Code of 1986. (5) "Qualified high technology" means one or more of the following activities: (i) advanced computing, which is any technology used in the design and development of any of the following: (A) computer hardware and software; (B) data communications; and (C) information technologies; (ii) advanced materials, which are materials with engineered properties created through the development of specialized process and synthesis technology; (iii) biotechnology, which is any technology that uses living organisms, cells, macromolecules, microorganisms, or substances from living organisms to make or modify a product, improve plants or animals, or develop microorganisms for useful purposes; (iv) electronic device technology, which is any technology that involves microelectronics, semiconductors, electronic equipment, and instrumentation, radio frequency, microwave, and millimeter electronics, and optical and optic -electrical devices, or data and digital communications and imaging devices; (v) engineering or laboratory testing related to the development of a product; (vi) technology that assists in the assessment or prevention of threats or damage to human health or the environment, including, but not limited to, environmental cleanup technology, pollution prevention technology, or development of alternative energy sources; (vii) medical device technology, which is any technology that involves medical equipment or products other than a pharmaceutical product that has therapeutic or diagnostic value and is regulated; or (viii) advanced vehicles technology which is any technology that involves electric vehicles, hybrid vehicles, or alternative fuel vehicles, or components used in the construction of electric vehicles, hybrid vehicles, or alternative fuel vehicles. An electric vehicle is a road vehicle that draws propulsion energy only from an onboard source of electrical energy. A hybrid vehicle is a road vehicle that can draw propulsion energy from both a consumable fuel and a rechargeable energy storage system. (d) The authority to grant new abatements under this subdivision expires on July 1, 2004, except that the authority to grant new abatements for real and personal property subject to valuation under Minnesota Rules, chapter 8100, does not expire. Subd. 7. Review and modification of abatements. The political subdivision may provide in the abatement resolution that the abatement may not be modified or changed during its term. If the abatement resolution does not provide that the abatement may not be modified or changed, the governing body of the political subdivision may review and modify the abatement every second year after it was approved. Subd. 8. Limitation on abatements. In any year, the total amount of property taxes abated by a political subdivision under this section may not exceed (1) ten percent of the net tax capacity of the political subdivision for the taxes payable year to which the abatement applies, or (2) $200,000, whichever is greater. The limit under this subdivision does not apply to: (i) an uncollected abatement from a prior year that is added to the abatement levy; or (ii) a taxpayer whose real and personal property is subject to valuation under Minnesota Rules, chapter 8100. Subd. 9. Consent of property owner not required. A political subdivision may abate the taxes on a parcel under sections 469.1812 to 469.1815 without obtaining the consent of the property owner. This subdivision does not apply to abatements granted to a taxpayer whose real and personal property is valued under Minnesota Rules, chapter 8100. Subd. 10. Applicability to utility properties. When this statute is applied or utilized with respect to a taxpayer whose real and personal property is subject to valuation under Minnesota Rules, chapter 8100, the provisions of this section and sections 469.1814 and 469.1815 shall apply only to property specified or described in the abatement contract or agreement. History: 1997 c 231 art 2 s 46; 1998 c 397 art 11 s 3; 1999 c 243 art 10 s 8-14; 1999 c 248 s 19; 2000 c 490 art 11 s 33-35; 1Sp2001 c 5 art 15 s 26; 2002 c 377 art 7 s 5; 2003 c 127 art 10 s 26; art 12 s 19; 1 Sp2003 c 21 art 10 s 11; 2005 c 152 art 1 s 17; 2006 c 259 art 4 s 14-19; 2008 c 366 art 6 s 43