2016.12.20 Council Meeting Packet
Posted: Dec. 16, 2016
City Council Meeting Schedule
Dec. 20, 2016
Time Type of meeting Location
6:20 p.m.
Council work session to discuss:
• Proposed amendments to City Code
Chapter 6
• Long term cost containment
Conference Room A
7 p.m. City Council meeting Council Chambers
Immediately
following the
regular City
Council meeting
EDA Special meeting Council Chambers
Auxiliary aids are available upon request to individuals with disabilities by calling the City Clerk at
(763) 531-1145 at least 96 hours in advance. TTY users may call Minnesota Relay at 711 or 1-800-627-3529.
4141 Douglas Drive North • Crystal, Minnesota 55422-1696
Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov
Posted: Dec. 16, 2016
City Council
Work Session Agenda
Dec. 20, 2016
6:20 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
Dec. 20, 2016 in Conference Room A at City Hall, 4141 Douglas Dr. N., Crystal, Minnesota.
I. Attendance
Council members Staff
____ Dahl ____ Norris
____ Deshler ____ Therres
____ Kolb ____ Revering
____ Libby ____ Gilchrist
____ Parsons ____ Serres
____ Peak
____ Adams
II. Agenda
The purpose of the work session is to discuss the following agenda items:
1. Proposed amendments to City Code Chapter 6
2. Long term cost containment
III. Adjournment
The work session adjourned at ______ p.m.
Auxiliary aids are available upon request to individuals with disabilities by calling the City Clerk at (763) 531-
1145 at least 96 hours in advance. TTY users may call Minnesota Relay at 711 or 1-800-627-3529.
4141 Douglas Drive North • Crystal, Minnesota 55422-1696
Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov
4141 Douglas Drive North • Crystal, Minnesota 55422-1696
Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov
Memorandum
DATE: December 14, 2016
TO: Mayor and City Council
FROM: Anne Norris, City Manager
SUBJECT: Budget and Long Term Cost Containment
During the 2017 budget work sessions, there were comments about how to contain
costs over time. As discussed during the work sessions, the 2017 budget increase is
due to several one-time factors and is not indicative of any trend for future budgets. Of
course staff is always working on continuous improvement to operations to make them
more cost-effective and efficient.
There are other strategies to limit future costs including:
- Shared/merged services with neighbors – as opportunities arise and to the
extent neighbors are interested and willing
- Use of contracted services for some functions, as appropriate and as
opportunities arise
- Long-term planning and budgeting for parks and facilities.
City Council Meeting Agenda
Dec. 20, 2016
7 p.m.
Council Chambers
The city manager’s comments are bolded.
1. Call to Order, Roll Call and Pledge of Allegiance
2. Approval of Agenda
The Council will consider approval of the agenda.*
3. City Council Meeting Minutes
The Council will consider the minutes from the following meetings in a single motion:
3.1 The regular City Council meeting from Dec. 6, 2016.
3.2 The regular City Council work sessions from Dec. 6, 2016.
3.3 The regular City Council work session from Dec. 8, 2016.
4. Consent Agenda
The Council will consider the following items, which are routine and non-controversial
in nature, in a single motion:
4.1 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.
4.2 Approval of a resolution accepting the following donations:
a. $100 from Brice Skarnes Insurance Agency, Inc. for Shop with a Cop program.
b. $182.55 from various donation boxes for Crystal K-9 Unit.
4.3 Approval of a resolution amending the 2017 fee schedule – Administration,
Building, Engineering and Finance.
4.4 Approval of the 2017 regular City Council meeting and work session schedule.
4.5 Approval of a resolution amending and restating establishment of Crystal
Community Outreach Task Force (increasing to 9 members.)
4141 Douglas Drive North • Crystal, Minnesota 55422-1696
Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov
Crystal City Council Meeting Agenda
Dec. 20, 2016
5. Open Forum
(The City Council appreciates hearing from citizens about items of concern and desires
to set aside time during each meeting for Open Forum. To provide ample opportunity
for all, speaking time is limited to three minutes and topic discussion is limited to ten
minutes. The Mayor may, as presiding officer, extend the total time allowed for a topic.
By rule, no action may be taken on any item brought before the Council during Open
Forum. The Council may place items discussed during Open Forum onto subsequent
council meeting agendas.)
6. Regular Agenda
6.1 The Council will consider approval of disbursements over $25,000 submitted by
the finance director to the city council, a list that is on file in the office of the
finance director.
Recommend approval of disbursements over $25,000.
6.2 The Council will consider a resolution establishing a process for accepting
applications and interviewing applicants to commissions and boards.
The Council discussed this at an October work session. Recommend approval
of the resolution establishing the process for accepting applications and
interviewing applicants to advisory commissions.
6.3 The Council will consider advisory Commission appointments.
Consistent with the policy regarding the process for soliciting and interviewing
advisory commission applicants, the City Council interviewed applicants for
advisory commissions in November and early December. Recommend
approval of the appointments.
6.4 The Council will consider a resolution for a conditional use permit and parking lot
expansion at 7323 – 33rd Ave. N. for Prescription Landscape.
Prescription Landscape is requesting a conditional use permit and site plan
approval to construct a new employee parking lot at 7323 – 33rd Avenue North
and to construct a new fueling station at 3231 Nevada Avenue North. These
properties are zoned I-1, Light Industrial. The proposed parking lot exceeds the
amount permitted as an accessory use and a conditional use permit is needed.
The fueling station is an accessory use to the primary use and is for employee
use only. The Planning Commission considered the proposed uses at its
Crystal City Council Meeting Agenda
Dec. 20, 2016
December 12 meeting and unanimously recommended approval, subject to
conditions outlined in the staff report.
6.5 The Council will consider second reading and adoption of an ordinance requiring
a construction management plan for new houses or substantial additions and a
resolution approving summary language for publication.
At its December 6 meeting, the City Council approved the first reading of an
ordinance requiring construction management plans for new residential
construction or substantial additions. Recommend approval of the second
reading of the ordinance and publication of the summary ordinance.
6.6 The Council will consider a resolution accepting the 2017 alley reconstruction
feasibility report.
Next year’s alley reconstruction project is the final alley reconstruction project
and includes alleys scattered throughout the city. Last month the City Council
ordered preparation of the 2017 alley reconstruction feasibility report.
Recommend approval of the resolution accepting this feasibility report.
6.7 The Council will consider a resolution calling for the 2017 alley reconstruction
public improvement hearing.
Once the Council approves the feasibility report on the 2017 alley
reconstruction project, a public hearing on the proposed improvement project
needs to be scheduled. Recommend approval of the resolution calling for a
public hearing on the 2017 alley reconstruction project.
6.8 The Council will consider a resolution approving phase II environmental site
assessment for the Becker Park infiltration project.
A portion of Becker Park used to be occupied by small businesses. Prior to
proceeding with the Becker Park infiltration project, additional environmental
work is recommended to confirm the park area is environmentally clean.
Recommend approval of the resolution approving this additional
environmental work.
6.9 The Council will consider a resolution approving the amendment to the
cooperative agreement for Becker Park Infiltration Project Phase 1.
Crystal City Council Meeting Agenda
Dec. 20, 2016
Earlier this year the City Council approved a cooperative agreement for a grant
towards the costs of the Becker Park infiltration project. That agreement
needs to be amended to allow for additional grant funds for additional
environmental work on the project. Recommend approval of the resolution
approving this amendment to the cooperative agreement.
6.10 The Council will consider approval of contract with the city of Brooklyn Park for
environmental health services in 2017.
Since 2006, Crystal has contracted with Brooklyn Park for the provision of
environmental health related services. Staff is recommending this
relationship continue and the 2017 contract is an hourly contract, not to
exceed $4,000. Recommend approval of the 2017 contract.
6.11 The Council will consider the first reading of an ordinance establishing the Parks
and Recreation Commission.
As discussed at a work session in October, recent changes to Chapter 3 of the
City Code require the Council to establish specific commissions by ordinance.
Recommend approval of the first reading of an ordinance establishing the
Parks and Recreation Commission.
6.12 The Council will consider the first reading of an ordinance establishing the
Environmental Quality Commission.
As discussed at a work session in October, recent changes to Chapter 3 of the
City Code require the Council to establish specific commissions by ordinance.
Recommend approval of the first reading of an ordinance establishing the
Environmental Quality Commission.
6.13 The Council will consider the 2017-2018 Labor Agreement with International
Union of Operating Engineers, Local 49 (Public Works).
The proposed settlement is consistent with the settlement approved with
Police Officers (LELS, Local 44). Recommend approval of the 2017-18 labor
agreement with Public Works (IUOE, Local 49).
6.14 The Council will consider approval of contract with city manager.
What can I say but thanks and recommend approval of the contract.
Crystal City Council Meeting Agenda
Dec. 20, 2016
6.15 The Council will consider a resolution of commendation for Laura Libby.
Recommend approval of the resolution commending Laura Libby for her
service.
6.16 The Council will consider a resolution of commendation for Casey Peak.
Recommend approval of the resolution commending Casey Peak for his
service.
7. Announcements
a. Crystal Business Association meets December 21 at 11:30 a.m. at Nonna Rosa’s.
b. City offices will be closed Dec. 26 in observance of the Christmas holiday.
c. City offices will be closed on Jan. 2 in observance of the New Year’s Day holiday.
d. The next city council meeting is Jan. 3 at 7 p.m. in the Council Chambers at City Hall.
e. Girl and Boy Scout troops are invited to lead the pledge at city council meetings.
Troops that are interested may contact city staff for information.
f. City council meetings and work sessions are open to the public. Current and
previous meetings are available for viewing and listening at www.crystalmn.gov
8. Adjournment
9. Dec. 20, 2016 Meeting Schedule
Time Type of meeting Location
6:20 p.m.
Council work session to discuss:
• Proposed amendments to City Code
Chapter 6
• Long term cost containment
Conference Room A
7 p.m. City Council meeting Council Chambers
Crystal City Council Meeting Agenda
Dec. 20, 2016
Immediately
following the
regular City
Council
meeting
EDA Special meeting Council Chambers
* Denotes no supporting information included in the packet.
Stay warm and have a great weekend; see you at Tuesday’s meeting.
City Council meeting minutes Dec. 6, 2016
Page 1 of 7
1. 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 Dec. 6, 2016 at 7:02 p.m. in the Council Chambers at City Hall, 4141 Douglas Dr. N. in
Crystal, Minnesota. Mayor Adams called the meeting to order.
Roll Call
Mayor Adams asked the city clerk to call the roll for elected officials. Upon roll call, the
following attendance was recorded:
City Council members present: Adams, Dahl, Deshler, Kolb, Parsons and Peak.
Absent: Libby.
City staff present: City Manager A. Norris, Assistant City Manager/Human Resources Manager
K. Therres, City Attorney T. Gilchrist, Recreation Director J. Elholm, Public Works Director/City
Engineer M. Ray, Community Development Director J. Sutter, City Planner D. Olson, Police
Chief S. Revering, Fire Chief S. Larson, Communications Coordinator M. Peterson and City
Clerk C. Serres.
Pledge of Allegiance
Mayor Adams led the Council and audience in the Pledge of Allegiance.
2. Approval of Agenda
The Council considered approval of the agenda.
Moved by Council Member Kolb and seconded by Council Member Peak to approve the
agenda.
Motion carried.
3. City Council Meeting Minutes
The Council considered the minutes from the following meetings in a single motion:
3.1 The Special City Council meeting from Nov. 15, 2016.
3.2 The regular City Council meeting from Nov. 15, 2016.
3.3 The regular City Council work sessions from Nov. 15, 2016.
3.4 The regular City Council work session from Nov. 17, 2016.
The second work session minutes from Nov. 15 and work session minutes from Nov. 17 were
amended in regards to calling the meeting to order. Moved by Council Member Kolb and
4141 Douglas Dr. N., Crystal, MN 55422-1696
763-531-1000 • Fax: 763-531-1188 • www.crystalmn.gov
3.1
City Council meeting minutes Dec. 6, 2016
Page 2 of 7
seconded by Council Member Parsons to approve the above minutes, as amended, in a single
motion.
Motion carried.
4. Consent Agenda
The Council considered the following items, which are routine and non-controversial in
nature, in a single motion:
4.1 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.
4.2 Adoption of Resolution No. 2016-152, accepting the following donations:
a. $350 from Crystal Lions for Crystal parks.
b. $1,000 from Minneapolis Elks Lodge No. 44 for Crystal Frolics.
c. $10,000 from Minnesota Twins Community Fund for the 2016 Toro and Twins field
rebuild project at Bassett Creek Park.
d. $200 from Brice Skarnes Insurance Agency, Inc. for Shop with a Cop program.
e. $166.83 from various donation boxes for Crystal K-9 Unit.
4.3 Approval of three solicitor licenses for Riley Havlicek, Kristjan Jesmer and Alan Wagner
of The Window Store Home Improvements, Inc. to go door-to-door in Crystal from
Dec. 7-31, 2016, offering free estimates and scheduling appointments for home
improvement projects.
Moved by Council Member Parsons and seconded by Council Member Deshler to approve
the consent agenda, but remove item #4.4 and move it to the beginning of the regular
agenda.
Motion carried.
5. Open Forum
The following persons addressed the Council:
• Mark Hoffmann, 3307 Zane Ave. N., regarding past and present council budgets.
• John Budziszewski, 5308 47th Ave. N., regarding commission interview appointments.
• Alex Mortensen, 203 Willow Bend (owner of Planet Fitness), regarding the status of
his new gym/fitness facility business license.
6. Public Hearing
6.1 The Mayor announced the purpose of the public hearing:
The consideration of the 2017 budget and proposed 2017 property tax levy and related
resolutions approving: a) 2017 property tax levies; b) 2017 General Fund Budget; and
3.1
City Council meeting minutes Dec. 6, 2016
Page 3 of 7
c) 2017 budgets for Special Revenue, Debt Service, Capital Projects, Enterprise, and
Internal Service Funds.
Staff addressed the Council.
The Mayor opened the public hearing for testimony. The following persons addressed the
Council:
• Mark Hoffmann, 3307 Zane Ave. N., regarding long-range planning and other funding.
• Burt Orred, 6700 60th Ave. N., thanked Council and staff for budget presentation and
shared ideas for communicating information in the future.
• John Budziszewski, 5308 47th Ave. N., regarding street assessments and other funds.
• John Knoff, 3549 Orchard Ave. N., regarding his property tax statement.
There being no one else wishing to appear before the Council to give testimony, Mayor Adams
declared the public hearing closed.
a) Moved by Council Member Kolb and seconded by Council Member Deshler to adopt
the following resolution, the reading of which was dispensed with by unanimous
consent:
RESOLUTION NO. 2016 – 154
RESOLUTION APPROVING THE 2017 PROPERTY TAX LEVIES
By roll call and voting aye: Adams, Deshler, Kolb and Parsons.
Voting nay: Dahl and Peak.
Absent, not voting: Libby.
Motion carried 4-2, resolution declared adopted.
b) Moved by Council Member Kolb and seconded by Council Member Parsons to adopt
the following resolution, the reading of which was dispensed with by unanimous
consent:
RESOLUTION NO. 2016 – 155
RESOLUTION APPROVING THE 2017 GENERAL FUND BUDGET
Voting aye: Adams, Dahl, Deshler, Kolb, Parsons and Peak.
Absent, not voting: Libby.
Motion carried, resolution declared adopted.
c) Moved by Council Member Kolb and seconded by Council Member Deshler to adopt
the following resolution, the reading of which was dispensed with by unanimous
consent:
3.1
City Council meeting minutes Dec. 6, 2016
Page 4 of 7
RESOLUTION NO. 2016 – 156
RESOLUTION APPROVING THE 2017 BUDGETS FOR THE SPECIAL REVENUE,
DEBT SERVICE, CAPITAL PROJECTS, UTILITY, AND INTERNAL SERVICE FUNDS
Voting aye: Adams, Dahl, Deshler, Kolb, Parsons and Peak.
Absent, not voting: Libby.
Motion carried, resolution declared adopted.
7. Regular Agenda
7.1 The Council considered a resolution supporting participation in the Joint Community
Police Partnership (JCPP) program. (previously consent agenda #4.4)
Police Chief S. Revering presented to the Council.
Moved by Council Member Deshler and seconded by Council Member Parsons to adopt
the following resolution, the reading of which was dispensed with by unanimous
consent:
RESOLUTION NO. 2016 – 153
RESOLUTION ACCEPTING ENTERING INTO A PARTNERSHIP WITH
HENNEPIN COUNTY RELATIVE TO THE
JOINT COMMUNITY POLICE PARTNERSHIP PROGRAM
Voting aye: Adams, Dahl, Deshler, Kolb, Parsons and Peak.
Absent, not voting: Libby.
Motion carried, resolution declared adopted.
7.2 The Council considered approval of disbursements over $25,000 submitted by the finance
department to the City Council, a list that is on file in the finance department.
Moved by Council Member Deshler and seconded by Council Member Dahl to approve
the list of disbursements over $25,000.
Voting aye: Adams, Dahl, Deshler, Kolb, Parsons and Peak.
Absent, not voting: Libby.
Motion carried, resolution declared adopted.
7.3 The Council considered a resolution restricting parking on the east side of Nevada Avenue
North.
Public Works Director/City Engineer M. Ray addressed the Council.
3.1
City Council meeting minutes Dec. 6, 2016
Page 5 of 7
Moved by Council Member Kolb and seconded by Council Member Dahl to adopt
the following resolution, the reading of which was dispensed with by unanimous
consent:
RESOLUTION NO. 2016 – 157
ESTABLISHING ON STREET PARKING RESTRICTIONS ON
PORTIONS OF NEVADA AVENUE NORTH
Voting aye: Adams, Dahl, Deshler, Kolb, Parsons and Peak.
Absent, not voting: Libby.
Motion carried, resolution declared adopted.
7.4 The Council considered a resolution for a conditional use permit amendment and time
extension for 5717 West Broadway.
City Planner D. Olson addressed the Council.
Tom Brown of 5714 West Broadway addressed the Council in favor of the fence.
Applicant Drew Kabanuk, the owner of 5717 West Broadway, addressed the Council and
answered questions.
Moved by Council Member Parsons and seconded by Council Member Peak to adopt the
following resolution with the amendment to reflect option A (keeping the fence as is), the
reading of which was dispensed with by unanimous consent:
RESOLUTION NO. 2016 – 158
RESOLUTION APPROVING A CONDITIONAL USE PERMIT AMENDMENT FOR A
FENCE AND APPROVING A ONE-YEAR TIME EXTENSION FOR A PREVIOUSLY APPROVED
CUP, BOTH FOR THE PROPERTY LOCATED AT 5717 WEST BROADWAY AVENUE
Voting aye: Adams, Dahl, Deshler, Kolb, Parsons and Peak.
Absent, not voting: Libby.
Motion carried, resolution declared adopted.
7.5 The Council considered the first reading of an ordinance requiring a construction
management plan for new houses or substantial additions.
City Planner D. Olson addressed the Council.
Moved by Council Member Deshler and seconded by Council Member Dahl to adopt the
following ordinance:
ORDINANCE NO. 2016 – 06
AN ORDINANCE AMENDING CHAPTER 4 OF THE CRYSTAL CITY CODE
3.1
City Council meeting minutes Dec. 6, 2016
Page 6 of 7
And further, that the second and final reading will be held on December 20, 2016.
Voting aye: Adams, Dahl, Deshler, Kolb, Parsons and Peak.
Absent, not voting: Libby.
Motion carried.
7.6 The Council considered the 2017-2018 Labor Agreement with Law Enforcement Labor
Services (L.E.L.S), Local 44 Police Officers.
Assistant City Manager K. Therres addressed the Council.
Moved by Council Member Parsons and seconded by Council Member Deshler to approve
the 2017-2018 Labor Agreement with Law Enforcement Labor Services (L.E.L.S), Local 44
Police Officers.
Voting aye: Adams, Dahl, Deshler, Kolb, Parsons and Peak.
Absent, not voting: Libby.
Motion carried.
7.7 The Council considered approving 2017 wage and insurance contributions for non-
represented employees.
Assistant City Manager K. Therres addressed the Council.
Moved by Council Member Deshler and seconded by Mayor Adams to approve the 2017
wage and insurance contributions for non-represented employees.
Voting aye: Adams, Dahl, Deshler, Kolb, Parsons and Peak.
Absent, not voting: Libby.
Motion carried.
7.8 The Council considered authorizing execution of a two-year contract with Kennedy &
Graven for city attorney services.
City Manager A. Norris addressed the Council.
Moved by Council Member Parsons and seconded by Council Member Peak to approve a
two-year contract with Kennedy & Graven for city attorney services.
Voting aye: Adams, Dahl, Deshler, Kolb, Parsons and Peak.
Absent, not voting: Libby.
Motion carried.
3.1
City Council meeting minutes Dec. 6, 2016
Page 7 of 7
8. Announcements
The Council made several announcements about upcoming events.
9. Adjournment
Moved by Council Member Deshler and seconded by Council Member Peak to adjourn the
meeting.
Motion carried.
The meeting adjourned at 8:53 p.m.
____________________________
Jim Adams, Mayor
ATTEST:
_________________________________________
Chrissy Serres
City Clerk
3.1
City Council first work session minutes Dec. 6, 2016
Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City
Charter, the first work session of the Crystal City Council was held at 6:12 p.m. on Dec. 6,
2016 in Conference Room A at City Hall, 4141 Douglas Dr. N., Crystal, Minnesota. Mayor
Adams called the meeting to order.
I. Attendance
The city clerk recorded the attendance for City Council members and staff:
City Council members present: Adams, Dahl, Deshler, Kolb, Parsons and Peak.
Absent: Libby.
City staff present: City Manager A. Norris, Assistant City Manager/Human Resources
Manager K. Therres, Police Chief S. Revering, City Attorney T. Gilchrist and City Clerk C.
Serres.
Others present: Brooklyn Center Police Chief Tim Gannon.
II. Agenda
The Council and staff discussed the following agenda items:
1. Commission interviews
2. A Joint Community Police Partnership (JCPP) between Hennepin County and Crystal
III. Adjournment
The work session adjourned at 6:59 p.m.
________________________________
Jim Adams, Mayor
ATTEST:
________
Chrissy Serres
City Clerk
4141 Douglas Dr. N., Crystal, MN 55422-1696
763-531-1000 • Fax: 763-531-1188 • www.crystalmn.gov
3.2
City Council second work session minutes Dec. 6, 2016
Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City
Charter, the second work session of the Crystal City Council was held at 9:33 p.m. on
Dec. 6, 2016 in Conference Room A at City Hall, 4141 Douglas Dr. N., Crystal, Minnesota.
The Mayor called the meeting to order.
I. Attendance
The city clerk recorded the attendance for City Council members and staff:
City Council members present: Adams, Dahl, Deshler, Kolb, Parsons and Peak.
Absent: Libby.
City staff present: City Manager A. Norris, Assistant City Manager/Human Resources
Manager K. Therres, Public Works Director/City Engineer M. Ray, Recreation Director
J. Elholm, Community Development Director J. Sutter, Police Chief S. Revering, City
Attorney T. Gilchrist and City Clerk C. Serres.
II. Agenda
Moved by Council Member Peak and seconded by Council Member Dahl to continue
the following agenda items to the work session on Dec. 8 at 6:30 p.m. at Crystal City
Hall in Conference Room A.
1. Commission appointments
2. Crystal Ball update
3. 2017 Council meeting calendar
4. Constituent issues update
5. New business
6. Announcements
Motion carried.
III. Adjournment
The work session adjourned at 9:34 p.m.
________________________________
Jim Adams, Mayor
ATTEST:
______________________________
Chrissy Serres
City Clerk
4141 Douglas Dr. N., Crystal, MN 55422-1696
763-531-1000 • Fax: 763-531-1188 • www.crystalmn.gov
3.2
City Council work session minutes Dec. 8, 2016
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 6:38 p.m. on Dec. 8, 2016 in Conference
Room A at City Hall, 4141 Douglas Dr. N., Crystal, Minnesota. Mayor Adams called the meeting to
order.
I. Attendance
The city manager recorded the attendance for City Council members and staff:
City Council members present: Adams, Dahl, Deshler, Kolb and Peak.
Absent: Libby and Parsons.
City staff present: City Manager A. Norris.
Others present: Karen DeYoung of DeYoung Consulting Services, LLC.
II. Agenda
The Council and staff discussed the following agenda items (items #3-8 were continued from
the second work session on Dec. 6):
1. Commission interviews
2. Moved by Council Member Peak and seconded by Council Member Kolb to close the
meeting (pursuant to Minn. Stat. Sec. 13D.05, Subd. 3(a)) to discuss the city manager’s
evaluation. Motion carried.
Moved by Council Member Peak and seconded by Council Member Deshler to re-open the
meeting. Motion carried.
3. Commission appointments
4. Crystal Ball update
5. 2017 Council meeting calendar
6. Constituent issues update
7. New business
8. Announcements
III. Adjournment
The work session adjourned at 9:35 p.m.
________________________________
Jim Adams, Mayor
ATTEST:
________
Anne Norris
City Manager
4141 Douglas Dr. N., Crystal, MN 55422-1696
763-531-1000 • Fax: 763-531-1188 • www.crystalmn.gov
3.3
Page 1 of 3
APPLICATIONS FOR CITY LICENSE
December 20, 2016
AMUSEMENT DEVISE
American Amusement Arcades/Broadway Pizza, 5632 W Bdwy, Crystal, MN 55428
American Amusement Arcades/Big Louie’s, 5216 W Bdwy, Crystal, MN 55429
American Amusement Arcades/Doyles, 5000 W Bdwy, Crystal, MN 55429
American Amusement Arcades/ Rostamo’s, 6014 Lakeland Ave N, Crystal, MN 55428
Mendota Valley Amusement at Buffalo Wild Wings, 5590 W Bdwy, Crystal, MN 55428
Mendota Valley Amusement at Steve O’s, 4900 W Bdwy, Crystal, MN 55429
Mendota Valley Amusement at VFW, 5222 56th Ave N, Crystal, MN 55429
AUTOMATIC DRY CLEANING/LAUDROMAT
Crystal Gold Eagle, Inc., 6924 56th Ave N, Crystal, MN 55428
BOWLING ALLEY
Doyle’s Bowling & Lounge, 5000 W Bdwy, Crystal, MN 55429
COURTESY BENCH
United States Bench Corp, 25 various locations throughout Crystal, MN
FIREWORKS
Super Valu, Inc /Cub Foods #30124, 5301 36th Ave N, Crystal, MN 55422
Target Corp #3 5537 West Broadway Crystal, MN 55428
GAS STATION
Academy Flight Operations, dba Thunderbird Aviation, 5800 Crystal Airport Rd, Crystal, MN
City of Crystal, 5001 W Bdwy, Crystal, MN 55429
Holiday Station Stores, #300, 5410 Lakeland Ave N, Crystal, MN 55429
Holiday Station Stores, #703, 5317 36th Ave N, Crystal, MN 55422
JBK Enterprises dba Big B’s, 6000 42nd Ave N, Crystal, MN 55422
Metro Airports Commission, 5800 Crystal Airport Rd, Crystal, MN 55429
North of Sixty Flying Inc, 5800 Crystal Airport Rd, Box 3, Crystal, MN 55429
Northern Tier Retail, LLC dba Super America, 5359 W Bdwy, Crystal, MN 55428
Northern Tier Retail, LLC dba Super America, 7818 36th Ave N, Crystal, MN 55427
GYM FITNESS CENTER
Avatar MAA, 3543 Douglas Dr N, Crystal MN 55422
PF Crystal dba Planet Fitness, 203 Willow Bend, Crystal, MN 55428
Salus LLC dba Anytime Fitness (2016 new owner), 5580 W Bdwy, Crystal, MN 55428
Metro Beat Fitness and Dance 3537 Douglas Dr Crystal, MN 55422
LAWN FERTILIZER
The Davey Tree Expert Co 1500 N Mantua St Kent, OH 44240
TruGreen 11755 95th Ave N Maple Grove, MN 55369
MASSAGE THERAPY ENTERPRISE
A Touch of Heart/Sharalyn Schloesser, 4141 Douglas Dr N, Crystal, MN 55422
Gregory Johnson, 3437 Kyle Ave N, Crystal, MN 55422
Massage & Bodywork/Janet M. Midthun, 5353 Lakeland Ave N, Crystal, MN 55429
Selah Massage & Bodywork/Amy Ritter, 5756 Brunswick Ave N, Crystal, MN 55429
Terry Jacobson Therapeutic Massage, 7215 58th Ave N, Crystal, MN 55428
4.1
Page 2 of 3
Thai Massage LLC, 5524 W Bdwy, Crystal, MN 55428
MESSAGE THERAPIST
Amy Ritter (Selah Massage & Bodywork Enterprise), 5756 Brunswick Ave N, Crystal, MN 55429
CuiPing Li (Thai Massage), 5524 W Bdwy, Crystal, MN 55428
Gregory Johnson, 3437 Kyle Ave N, Crystal, MN 55422
Jamet M. Midthun (Massage & Bodywork), 5353 Lakeland Ave N, Crystal, MN 55429
Qiao Ling Zhao (Thai Massage), 5524 W Bdwy, Crystal, MN 55428
Sharalyn Schloesser (A Touch of Heart), 4141 Douglas Dr N, Crystal, MN 55422
Terry Jacobson, 7215 58th Ave N, Crystal, MN 55428
Xiao Hong Wei (Thai Massage), 5524 W Bdwy, Crystal, MN 55428
Xiao Ying Qiu (Thai Massage), 5524 W Bdwy, Crystal, MN 55428
PAWNBROKER
EZPAWN Minnesota Inc, dba Max It Pawn LTD, 5445 Lakeland Ave N, Crystal, MN 55429
Bravo Financial LLC dba PawnWorks 5508 West Broadway Crystal, MN 55429
RENTAL – NEW
4605 Douglas Dr N – Jason J Calva (Conditional)
6908 35th Pl N – Mark and Kristine Schaefer (Conditional)
6402 36th Ave N – Stewart Nigg (Conditional)
6620 57th Ave N – CCF2 LLC (Conditional)
RENTAL – RENEWAL
5757 Adair Ave N – MNCH0954 (Conditional)
4608 Brunswick Ave N – Cosco Property II (Conditional)
5756 Brunswick Ave N—Michael Mohinani
3608 Colorado Ave N – MNCH0945 (Conditional)
3219 Douglas Dr N – Douglas Drive Ventures (Conditional)
3255-3257 Douglas Dr N – Livings Works Ventures Inc (Conditional)
4550 Douglas Dr N – Lancelot Properties LLC
6609 Dudley Ave N – Kent McKinnon
5136 Edgewood Ave N – Tom and Carrie McAuley (Conditional)
6504-6510 Fairview Ave N – Leo T Begin
6812 Fairview Ave N – Lowell Saumweber (Conditional)
6160 Florida Ave N – Clint and Jennifer Schumann
3916 Georgia Ave N – Carol/Menachem Aharoni (Conditional)
5407 Hampshire Ave N – Chris and Angela Chaffee (Conditional)
5932 Hampshire Ave N – Thomas and Tracy Cary
2731 Kentucky Ave N – Brandon and Danyell Schendel
4848 Kentucky Ave N – Statt Properties LP (Conditional)
6329 Lombardy La – Larry and Christine Howieson
4649 Louisiana Ave N – Heeyoon Kim (Conditional)
3224 Maryland Ave N – Andrew Berenberg (Conditional)
3535 Xenia Ave N – Keith Fyle (Conditional)
3827 Welcome Ave N – Espeseth Farms Inc
3033 Wisconsin Ave N – Rachelle Ellis
8033 34th Pl N – IH2 Property Illinois LP (Conditional)
5324 35th Ave N – Amy Blee-Dilley and Jon Dilley (Conditional)
5716 36th Ave N – Frank Renner (Conditional)
7201 36th Ave N – LouAnn Terrace LTD Partner (Conditional)
6802 37h Ave N – Kevin Kreatz
4.1
Page 3 of 3
6621 41st Pl N – IH2 Property Illinois LP (Conditional)
5324 48th Ave N – Del Young
5328 49th Ave N – MNCH0952
6729 50th Ave N – David Hayes
6617 52nd Ave N – Ripberger LLC
5127 53rd Ave N – Kevin Foreman (Conditional)
5014 56th Ave N – Danny Vo and Christina Duong
5701 56th Ave N – Harold Creek
6818 58th Ave N – IH2 Property Illinois LP (Conditional)
SECOND HAND DEALERS EXEMPT
Bibles for Missions Thrift Store, 4713 36th Ave N, Crystal, MN 55422
SECOND HAND DEALERS
Gamestop Inc #5392, 349 Willow Bend, Crystal, MN 55428
TANNING FACILITY
Paradise Tanning dba Sun Shoppe, 233 Willow Bend Crystal, MN 55428
TOBACCO
Advanced Mercantile dba Liquor Barrel Wine & Spirits 5628 West Broadway Crystal, MN 55428
Almsted Enterprises Inc, dba Almsteds Fresh Market, 4200 Douglas Dr N, Crystal, MN 55422
Best Buy Beverage, dba MGM Liquor, 6200 56th Ave N, Crystal, MN 55429
Chalet Liquors Inc, 5109 36th Ave N, Crystal, MN 55422
Crystal Tobacco & Cigar Inc., dba Tobacco Outlet, 123 Willow Bend, Crystal, MN 55428
Dark Horse Vapors, 5522 W Bdwy, Crystal, MN 55428
Down in the Valley, 5586 W Bdwy, Crystal, MN 55428
Holiday Station Stores #300, 5410 Lakeland Ave N, Crystal, MN 55429
J A Tobacco, dba Crystal Tobacco, 6410 56th Ave N, Crystal, MN 55428
JBK Enterprises, dba Big B’s, 6000 42nd Ave N, Crystal, MN 55422
Liquor Barrel, 2728 Douglas Dr N, Crystal, MN 55422
Liquor Liquidator 3, 5120 56th Ave N, Crystal, MN 55429
Northern Tier Retail LLC, dba Super America, 5359 W Bdwy, Crystal, MN 55428
Northern Tier Retail LLC, dba Super America, 7818 36th Ave N, Crystal, MN 55427
Samarani Liquor, dba Maddie’s Discount Liquor, 5924 W Bdwy, Crystal, MN 55428
Schwapper, dba Adair Liquor, 6001 42nd Ave N, Crystal, MN 55422
Stino Inc, dba Big Louie’s Bar & Grill, 5216 W Bdwy, Crystal, MN 55429
Super Valu, Inc, dba Cub Foods #30124, 5301 36th Ave N, Crystal, MN 55422
Tara Foods Inc, dba Mini Grocery, 2708 Douglas Dr N, Crystal, MN 55422
Tremolo LLC, dba Crystal Wine and Spirits, 4920 W Bdwy, Crystal, MN 55429
VFW Post #494, 5222 56th Ave N, Crystal, MN 55429
Walgreens #5883, 6800 56th Ave N, Crystal, MN 55428
TREE TRIMMER
AAA Shadywood Tree Experts, 402 11th Ave S, Hopkins, MN 55343
Nick’s Tree Service 9000 Foxline Dr Corcoran, MN 55340
The Davey Tree Expert Co 1500 N Mantua St Kent, OH 44240
Tim’s Tree Service P O Box 26421 St Louis Park, MN 55426
Urban Foresters LLC, 4656 Hillsboro Ave N, New Hope, MN 55428
4.1
CITY OF CRYSTAL
RESOLUTION #2016 -
RESOLUTION RENEWING A PAWNBROKER’S
LICENSE TO BRAVO FINANCIAL, LLC
WHEREAS, Greg Daniel, on behalf of Bravo Financial, LLC, (“Applicant”) submitted
an application (“Application”) to the City to renew the pawnbroker’s license originally issued to
the Applicant in 2014 to operate a pawn shop at 5508 West Broadway Avenue, Crystal, MN
55428 (“Business Site”); and
WHEREAS, the Council hereby finds and determines as follows with respect to the
Application:
a. The Applicant is seeking to renew its pawnbroker’s license for 2017 to operate a pawn shop
called Pawnworks (“Business”) at the Business Site;
b. The Business began operations in July 2015;
c. Sections 1005.1, 1015.01, and 1177 of the Crystal City Code (“Code”) require a
pawnbroker’s license issued by the City in order to operate the Business within the City;
d. Section 1005.19 of the Code indicates license renewals are issued in the same manner and are
subject to the same conditions as the original license;
e. The Application contains the information required by the Code, including the required fees,
bond, and proof of financial responsibility, and the investigation conducted by the chief of
police did not reveal any past disqualifying conduct;
f. The Applicant prepared and previously submitted a “Pawnworks – Work Plan for the City of
Crystal” dated July 10, 2014, as amended by the parties in a written amendment dated May
31, 2016, (“Work Plan”) in order to address concerns originally raised by the City regarding
the operation of the then proposed Business. The Work Plan, as amended, is incorporated in
and made part of this License;
g. The Applicant has identified Greg Daniel as the manager of the Business, but the City has
been informed and has observed that the general manager, store manager, and assistant store
manager also exercise control over the Business;
h. The Applicant satisfies the requirements of the Code to be eligible for renewal of the
pawnbroker’s license for the Business; and
i. Given the nature of the Business, and the City’s past experiences with a different pawn shop
with which some of the same persons were involved, the Council determines that it remains
in the best interests of the public to continue to impose specific conditions on the license to
help ensure the Business is operated in a manner consistent with the Code and applicable
laws.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Crystal that
it, based on application materials, the record of this matter, and the findings contained herein,
hereby renews a pawnbroker’s license to the Applicant pursuant to Section 1177 of the Code,
conditioned on compliance with all of the following:
4.1
1. The Business shall be operated in accordance with the Work Plan, as previously amended.
No changes to the Work Plan shall be effective unless approved in writing by the City Clerk.
If approved, the Business shall be operated in accordance with the amended Work Plan.
2. The serial numbers of each item received shall be separately entered into the APS system to
enable searches of all individual items based on their serial numbers. The noting of the serial
numbers of items within a set in a non-searchable format is not allowed.
3. Firearms may be held by the Business shall be securely stored so that they are not readily
accessible by employees (other than managers) or to customers.
4. The Business shall collect all information required by Chapter XI, Section 1177.11 of the
Code including, but not limited to, a color photograph of each customer for each billable
transaction. A picture taken of a customer as part of a past billable transaction does not
satisfy this requirement with respect to subsequent billable transactions – a new photograph
is required for each billable transaction.
5. Those persons who are placed in charge of the Business are required to have a background
investigation conducted as provided Chapter XI, Section 1177.07, Subd. 2 of the Code.
6. The Business shall be conducted in compliance with all applicable provisions of federal,
state, and local laws, rules, regulations, and ordinances including, but not limited to, Chapter
X, Sections 1000 through 1015 and Chapter XI, Section 1177 of the Code (as amended).
Furthermore, the Applicant shall obtain and maintain all other permits and permissions that
may be required to operate the Business.
7. This License shall expire on December 31, 2017 as provided in Section 1005.11 of the Code.
8. The Applicant shall have an independent audit performed of the inventory and transactions of
the Business to confirm compliance with the requirements with applicable laws. The
completed audit must be submitted to the City by July 15th. Additional annual audits shall be
conducted and submitted for each renewal year until it is mutually agreed by the Business
and the City that no further audits are necessary to ensure compliance.
9. The conditions imposed on this license shall carry forward and apply to any subsequent
renewals of this license, unless they are expressly modified by the City in a future license
renewal.
10. The license certificate must be exhibited at all times in a conspicuous place within the
building on the Business Site in which the Business is conducted.
11. The license may not be transferred without the authorization of the City Council.
12. A violation of any of the conditions imposed on this license, or of any applicable laws, rules,
regulations, or ordinances, may result in the City undertaking the procedure provided in the
Code to revoke the license.
4.1
Adopted this 20th day of December, 2016.
BY THE CITY COUNCIL
________________________________
Jim Adams, Mayor
Attest:__________________________
Chrissy Serres, City Clerk
4.1
Page 1 of 3
APPLICATIONS FOR CITY LICENSE
December 20, 2016
AMUSEMENT DEVISE
American Amusement Arcades/Broadway Pizza, 5632 W Bdwy, Crystal, MN 55428
American Amusement Arcades/Big Louie’s, 5216 W Bdwy, Crystal, MN 55429
American Amusement Arcades/Doyles, 5000 W Bdwy, Crystal, MN 55429
American Amusement Arcades/ Rostamo’s, 6014 Lakeland Ave N, Crystal, MN 55428
Mendota Valley Amusement at Buffalo Wild Wings, 5590 W Bdwy, Crystal, MN 55428
Mendota Valley Amusement at Steve O’s, 4900 W Bdwy, Crystal, MN 55429
Mendota Valley Amusement at VFW, 5222 56th Ave N, Crystal, MN 55429
AUTOMATIC DRY CLEANING/LAUDROMAT
Crystal Gold Eagle, Inc., 6924 56th Ave N, Crystal, MN 55428
BOWLING ALLEY
Doyle’s Bowling & Lounge, 5000 W Bdwy, Crystal, MN 55429
COURTESY BENCH
United States Bench Corp, 25 various locations throughout Crystal, MN
FIREWORKS
Super Valu, Inc /Cub Foods #30124, 5301 36th Ave N, Crystal, MN 55422
Target Corp #3 5537 West Broadway Crystal, MN 55428
GAS STATION
Academy Flight Operations, dba Thunderbird Aviation, 5800 Crystal Airport Rd, Crystal, MN
City of Crystal, 5001 W Bdwy, Crystal, MN 55429
Holiday Station Stores, #300, 5410 Lakeland Ave N, Crystal, MN 55429
Holiday Station Stores, #703, 5317 36th Ave N, Crystal, MN 55422
JBK Enterprises dba Big B’s, 6000 42nd Ave N, Crystal, MN 55422
Metro Airports Commission, 5800 Crystal Airport Rd, Crystal, MN 55429
North of Sixty Flying Inc, 5800 Crystal Airport Rd, Box 3, Crystal, MN 55429
Northern Tier Retail, LLC dba Super America, 5359 W Bdwy, Crystal, MN 55428
Northern Tier Retail, LLC dba Super America, 7818 36th Ave N, Crystal, MN 55427
GYM FITNESS CENTER
Avatar MAA, 3543 Douglas Dr N, Crystal MN 55422
PF Crystal dba Planet Fitness, 203 Willow Bend, Crystal, MN 55428
Salus LLC dba Anytime Fitness (2016 new owner), 5580 W Bdwy, Crystal, MN 55428
Metro Beat Fitness and Dance 3537 Douglas Dr Crystal, MN 55422
LAWN FERTILIZER
The Davey Tree Expert Co 1500 N Mantua St Kent, OH 44240
TruGreen 11755 95th Ave N Maple Grove, MN 55369
MASSAGE THERAPY ENTERPRISE
A Touch of Heart/Sharalyn Schloesser, 4141 Douglas Dr N, Crystal, MN 55422
Gregory Johnson, 3437 Kyle Ave N, Crystal, MN 55422
Massage & Bodywork/Janet M. Midthun, 5353 Lakeland Ave N, Crystal, MN 55429
Selah Massage & Bodywork/Amy Ritter, 5756 Brunswick Ave N, Crystal, MN 55429
Terry Jacobson Therapeutic Massage, 7215 58th Ave N, Crystal, MN 55428
Page 2 of 3
Thai Massage LLC, 5524 W Bdwy, Crystal, MN 55428
MESSAGE THERAPIST
Amy Ritter (Selah Massage & Bodywork Enterprise), 5756 Brunswick Ave N, Crystal, MN 55429
CuiPing Li (Thai Massage), 5524 W Bdwy, Crystal, MN 55428
Gregory Johnson, 3437 Kyle Ave N, Crystal, MN 55422
Jamet M. Midthun (Massage & Bodywork), 5353 Lakeland Ave N, Crystal, MN 55429
Qiao Ling Zhao (Thai Massage), 5524 W Bdwy, Crystal, MN 55428
Sharalyn Schloesser (A Touch of Heart), 4141 Douglas Dr N, Crystal, MN 55422
Terry Jacobson, 7215 58th Ave N, Crystal, MN 55428
Xiao Hong Wei (Thai Massage), 5524 W Bdwy, Crystal, MN 55428
Xiao Ying Qiu (Thai Massage), 5524 W Bdwy, Crystal, MN 55428
PAWNBROKER
EZPAWN Minnesota Inc, dba Max It Pawn LTD, 5445 Lakeland Ave N, Crystal, MN 55429
Bravo Financial LLC dba PawnWorks 5508 West Broadway Crystal, MN 55429
RENTAL – NEW
4605 Douglas Dr N – Jason J Calva (Conditional)
6908 35th Pl N – Mark and Kristine Schaefer (Conditional)
6402 36th Ave N – Stewart Nigg (Conditional)
6620 57th Ave N – CCF2 LLC (Conditional)
RENTAL – RENEWAL
5757 Adair Ave N – MNCH0954 (Conditional)
4608 Brunswick Ave N – Cosco Property II (Conditional)
5756 Brunswick Ave N—Michael Mohinani
3608 Colorado Ave N – MNCH0945 (Conditional)
3219 Douglas Dr N – Douglas Drive Ventures (Conditional)
3255-3257 Douglas Dr N – Livings Works Ventures Inc (Conditional)
4550 Douglas Dr N – Lancelot Properties LLC
6609 Dudley Ave N – Kent McKinnon
5136 Edgewood Ave N – Tom and Carrie McAuley (Conditional)
6504-6510 Fairview Ave N – Leo T Begin
6812 Fairview Ave N – Lowell Saumweber (Conditional)
6160 Florida Ave N – Clint and Jennifer Schumann
3916 Georgia Ave N – Carol/Menachem Aharoni (Conditional)
5407 Hampshire Ave N – Chris and Angela Chaffee (Conditional)
5932 Hampshire Ave N – Thomas and Tracy Cary
2731 Kentucky Ave N – Brandon and Danyell Schendel
4848 Kentucky Ave N – Statt Properties LP (Conditional)
6329 Lombardy La – Larry and Christine Howieson
4649 Louisiana Ave N – Heeyoon Kim (Conditional)
3224 Maryland Ave N – Andrew Berenberg (Conditional)
3535 Xenia Ave N – Keith Fyle (Conditional)
3827 Welcome Ave N – Espeseth Farms Inc
3033 Wisconsin Ave N – Rachelle Ellis
8033 34th Pl N – IH2 Property Illinois LP (Conditional)
5324 35th Ave N – Amy Blee-Dilley and Jon Dilley (Conditional)
5716 36th Ave N – Frank Renner (Conditional)
7201 36th Ave N – LouAnn Terrace LTD Partner (Conditional)
6802 37h Ave N – Kevin Kreatz
Page 3 of 3
6621 41st Pl N – IH2 Property Illinois LP (Conditional)
5324 48th Ave N – Del Young
5328 49th Ave N – MNCH0952
6729 50th Ave N – David Hayes
6617 52nd Ave N – Ripberger LLC
5127 53rd Ave N – Kevin Foreman (Conditional)
5014 56th Ave N – Danny Vo and Christina Duong
5701 56th Ave N – Harold Creek
6818 58th Ave N – IH2 Property Illinois LP (Conditional)
SECOND HAND DEALERS EXEMPT
Bibles for Missions Thrift Store, 4713 36th Ave N, Crystal, MN 55422
SECOND HAND DEALERS
Gamestop Inc #5392, 349 Willow Bend, Crystal, MN 55428
TANNING FACILITY
Paradise Tanning dba Sun Shoppe, 233 Willow Bend Crystal, MN 55428
TOBACCO
Advanced Mercantile dba Liquor Barrel Wine & Spirits 5628 West Broadway Crystal, MN 55428
Almsted Enterprises Inc, dba Almsteds Fresh Market, 4200 Douglas Dr N, Crystal, MN 55422
Best Buy Beverage, dba MGM Liquor, 6200 56th Ave N, Crystal, MN 55429
Chalet Liquors Inc, 5109 36th Ave N, Crystal, MN 55422
Crystal Tobacco & Cigar Inc., dba Tobacco Outlet, 123 Willow Bend, Crystal, MN 55428
Dark Horse Vapors, 5522 W Bdwy, Crystal, MN 55428
Down in the Valley, 5586 W Bdwy, Crystal, MN 55428
Holiday Station Stores #300, 5410 Lakeland Ave N, Crystal, MN 55429
J A Tobacco, dba Crystal Tobacco, 6410 56th Ave N, Crystal, MN 55428
JBK Enterprises, dba Big B’s, 6000 42nd Ave N, Crystal, MN 55422
Liquor Barrel, 2728 Douglas Dr N, Crystal, MN 55422
Liquor Liquidator 3, 5120 56th Ave N, Crystal, MN 55429
Northern Tier Retail LLC, dba Super America, 5359 W Bdwy, Crystal, MN 55428
Northern Tier Retail LLC, dba Super America, 7818 36th Ave N, Crystal, MN 55427
Samarani Liquor, dba Maddie’s Discount Liquor, 5924 W Bdwy, Crystal, MN 55428
Schwapper, dba Adair Liquor, 6001 42nd Ave N, Crystal, MN 55422
Stino Inc, dba Big Louie’s Bar & Grill, 5216 W Bdwy, Crystal, MN 55429
Super Valu, Inc, dba Cub Foods #30124, 5301 36th Ave N, Crystal, MN 55422
Tara Foods Inc, dba Mini Grocery, 2708 Douglas Dr N, Crystal, MN 55422
Tremolo LLC, dba Crystal Wine and Spirits, 4920 W Bdwy, Crystal, MN 55429
VFW Post #494, 5222 56th Ave N, Crystal, MN 55429
Walgreens #5883, 6800 56th Ave N, Crystal, MN 55428
TREE TRIMMER
AAA Shadywood Tree Experts, 402 11th Ave S, Hopkins, MN 55343
Nick’s Tree Service 9000 Foxline Dr Corcoran, MN 55340
The Davey Tree Expert Co 1500 N Mantua St Kent, OH 44240
Tim’s Tree Service P O Box 26421 St Louis Park, MN 55426
Urban Foresters LLC, 4656 Hillsboro Ave N, New Hope, MN 55428
CITY OF CRYSTAL
RESOLUTION NO. 2016 -
RESOLUTION ACCEPTING DONATIONS FROM
BRICE SKARNES INSURANCE AGENCY
AND VARIOUS INDIVIDUALS
WHEREAS, Minnesota Statute §465.03 requires that all gifts and donations of real or personal
property be accepted only with the adoption of a resolution; and
WHEREAS, said donations must be accepted by a resolution adopted by the City Council.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Crystal to accept the
following donations:
Donor Purpose Amount
Brice Skarnes Insurance Agency Crystal Police Department Shop with a Cop $100
Various individuals Crystal K-9 Unit $182.55
And BE IT FURTHER RESOLVED that the Crystal City Council sincerely thanks the above-named
for their generous donations.
Dated: December 20, 2016
By: __________________________
Jim Adams, Mayor
ATTEST:
__________________________
Chrissy Serres, City Clerk
4.2
CITY OF CRYSTAL
RESOLUTION NO. 2016 -
RESOLUTION AMENDING APPENDIX IV OF THE CRYSTAL CITY CODE
RELATING TO THE 2017 FEE SCHEDULE – MAIN SECTION
WHEREAS, the City Council adopted the 2017 Fee Schedule on
September 20, 2016; and
WHEREAS, later review of the 2017 Fee Schedule and budget and
changes to several chapters of the City Code resulted in additional changes to
the fee schedule in the areas of Administration, Building, Engineering, and
Finance; and
WHEREAS, the additional changes to these fees are shown in the table
below:
JDE Acct
Dept. Type Code Description
2016
Fee
2017
Fee
Admin License 0100.4175 Gas appliance installer 45.00 0.00
Admin License 0100.4175 Plumber 45.00 0.00
Building Permit 0100.2210 Construction Mgmt Agreement Escrow(new construct.)
2,000.00
Building permit 0100.2210 Construction Mgmt Agreement Escrow (major addn)
1,000.00
Engr. Permit 0100.4265 Right of way permit 32.00 65.00
Engr. Permit 0100.4265 Right of way - utility – up to first 500 lineal feet 32.50 33.48
Engr. Permit 0100.4265 Right of way - utility - after first 500 lineal feet 0.10 0.10
Finance Other 0100.4403 Admin charge - city provided svcs (non-UB) 35.00 60.00
Finance Other 0100.4402
Admin charge - cert of delinquent accts (non-
UB) 35.00 60.00
Finance Other 0100.4402 Admin charge - delinq. accts to collection 35.00 60.00
NOW, THEREFORE, BE IT RESOLVED by the Crystal City Council that
Appendix IV of the Crystal City Code Relating to the 2017 Fee Schedules is
amended to include the attached revised schedule of fees relating to Building,
Engineering, Finance and Police services.
Adopted by the Crystal City Council this 20th day of December, 2016.
__________________________
Jim Adams, Mayor
ATTEST:
_________________________
Christina Serres, City Clerk
4.3
2017
2017
CRYSTAL CITY COUNCIL
REGULAR MEETING AND WORK SESSION SCHEDULE
Regular meetings of the Crystal City Council are generally held the first and third Tuesday of each month
in the Council Chambers at City Hall, 4141 Douglas Drive North, beginning at 7 p.m. In addition, the City
Council holds regular work session meetings before and after regular City Council meetings at City Hall.
Standing work sessions are held immediately following the regular City Council meeting and Economic
Development Authority (EDA) meeting, if scheduled. Additional work sessions are held beginning at
6:30 p.m. Moreover, regular additional work sessions of the City Council are held on the second
Thursday of each month at City Hall beginning at 6:30 p.m.
If the date of a regular meeting falls on a holiday or an election day, the date of the rescheduled
meeting is reflected on the schedule. If an additional meeting is held, or if a regular meeting is
rescheduled to a different date, time, or place, notice of the meeting will be posted at City Hall and on
the City’s website. All meetings are open to the public, but the City Council may close meetings to the
public to conduct business authorized or required by law to be conducted in a closed session.
*Denotes a change in the regular meeting or work session schedule.
January
Jan. 3 City Council and work session meetings
Jan. 12 Work session meeting
Jan. 17 City Council and work session meetings
February
Feb. 7 City Council and work session meetings
Feb. 9 Work session meeting
Feb. 21 City Council and work session meetings
March
March 7 City Council and work session meetings
March 9 Work session meeting
March 21 City Council and work session meetings
April
April 4 City Council and work session meetings
April 13 Work session meeting
April 19* City Council and work session meetings
May
May 2 City Council and work session meetings
May 11 Work session meeting
May 16 City Council and work session meetings
June
June 6 City Council and work session meetings
June 20 City Council and work session meetings
June 8* No work session meeting
July
July 13 Work session meeting
July 18* City Council and work session meetings
(one meeting in July - 3rd Tuesday)
August
Aug. 10 Budget work session meeting
Aug. 15* City Council and budget work session
meetings (one meeting in Aug. - 3rd
Tuesday)
Aug. 17 Budget work session meeting
September
Sept. 5 City Council and work session meetings
Sept. 14 Work session meeting
Sept. 19 City Council and work session meetings
October
Oct. 3 City Council and work session meetings
Oct. 12 Work session meeting
Oct. 17 City Council and work session meetings
November
Nov. 7 City Council and work session meetings
Nov. 9 Work session meeting
Nov. 21 City Council and work session meetings
December
Dec. 5 City Council and work session meetings
Dec. 14 Work session meeting
Dec. 19 City Council and work session meeting
4141 Douglas Drive North • Crystal, Minnesota 55422-1696
Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov
All regular meetings of the City Council are broadcast live on channel 16. Meetings are rebroadcast the following
Sunday at 6:30 p.m. and on Monday at 10:30 a.m. Live meeting webstreaming and past meetings can also be viewed at
www.crystalmn.gov, under Online Services, go to OnDemand Council/EDA Meeting Videos.
4.4
491607v1 CR205-30
CITY OF CRYSTAL
MINNESOTA
RESOLUTION NO. 2016 -
AMENDED AND RESTATED RESOLUTION ESTABLISHING
THE CRYSTAL COMMUNITY OUTREACH TASK FORCE
WHEREAS, the Crystal City Council may, pursuant to sections 305.17 through 305.25 of
the Crystal City Code, establish, by resolution, such task forces as it determines are needed to
assist it to address a particular item of city business; and
WHEREAS, the City Council determines that establishing a task force to study and advise
the City Council on ways to increase volunteer involvement in the City, and to effectively match
volunteers with opportunities that best takes advantage of a volunteer’s skills or interests, is in the
best interests of the City.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Crystal as
follows:
1. The Crystal Community Outreach Task Force (“Task Force”) is hereby established.
2. The Task Force shall study and advise the City Council on the following issues:
a. Recruiting of volunteers;
b. Coordinating volunteer events;
c. Developing a clearinghouse of volunteer events matched with volunteers;
d. Using volunteer engagement to enhance the community feel of the City; and
e. Redesigning the City flag.
3. The Task Force shall be advisory to the City Council and the City Manager, and shall have no
other official status or independent authority other than to gather, discuss, and make
recommendations to the City Council on the issues identified herein.
4. The Task Force shall be made up of up to 9 members appointed by the City Council. A quorum
of the actual number of appointed members is needed for the task force to conduct its business.
5. The City Council may also appoint City Councilmembers to serve as liaisons to the Task Force.
Councilmembers serving as liaisons shall not have a vote on the Task Force and shall not count
towards a quorum.
6. The City Council will act by majority vote to fill any vacancies that may occur on the Task
Force.
7. Those appointed to serve on the Task Force serve at the will of the City Council and may be
removed by a majority vote of the City Council with or without cause.
4.5
2
491607v1 CR205-30
8. The Task Force shall be dissolved as of December 31, 2017, or upon a separate resolution of the
City Council, whichever occurs first.
9. The City Council may, by resolution, extend the date of dissolution or alter the scope of the
matters being reviewed by the Task Force.
10. Meetings of the Task Force shall be open to the public and members must comply with all
applicable open meeting laws.
11. This Resolution amends and restates Resolution 2016 – 138, which is hereby repealed.
Adopted this 20th day of December, 2016.
_________________________________
Jim Adams, Mayor
ATTEST:
________________________________
Chrissy Serres, City Clerk
4.5
1
Please hand this form to the City Clerk beforb the meeting begins.
To provide ample opportunity for all, speaking time is limited
to three minutes and topic discussion is limited to 10 minutes.
(Information provided on this form is open to the public)
(please print clearly)
The topic I wish to address is: E
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Name: Q T 1-z ®u t
Address:
Zip Code: 55434=> Date: z�%� / t 2I- l zo
Day Phone (optional): -7G3- G1.4- /fc--> a i
Email (optional): ga—thn
Thank you for your attendance and participation.
Please hand this form to the City Clerk before the meeting begins.
To provide ample opportunity for all, speaking time is limited
to three minutes and topic discussion is limited to 10 minutes.
(Information provided on this form is open to the public)
(please print clearly) /'s
The topic I wish to address is:
Name:- al, t'" 1 ;�-, i-- I
Zip Code: . ` Date:—Z' , , �?d%
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Thank you for your attendance and participation.
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Memorandum
DATE: December 14, 2016
TO: Mayor and City Council
FROM: Anne Norris, City Manager
SUBJECT: Advisory Commission Appointments
BACKGROUND:
Earlier this year, the City Council made changes to Chapter 3 in the City Code
regarding the process for recruiting and interviewing applicants to advisory
commissions. The City Council interviewed candidates in November and early
December. Based on the interviews, the following appointments and terms are
recommended.
COMMISSION APPLICANT TERM EXPIRES
Community Outreach Task
Force
Rozina Brink
Matt Kowalski
Mwemezi Mutasa
Chad Peppin
Casey Peak
12/31/2017
Employee Review Board Dutch Fischer (regular) 12/31/2019
Mwemezi Mutasa (alternate) 12/31/2018
Environmental Quality
Commission
Mark Hansen
Bill Sipe 12/31/2019
Parks & Recreation
Commission
Lori Merriam (at large)
Guy Mueller (at large)
David Pascoe (at large)
12/31/2019
Andy Leipold (Ward 1) 12/31/2018
Planning Commission Harley Heigel (Ward 1)
James Einfeldt-Brown (Ward 4) 12/31/2019
Shingle Creek Watershed
Management Commission Burton Orred, Jr. (alternate) 1/31/2018
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PAGE 1 OF 5
_____________________________________________________________________
FROM: Dan Olson, City Planner
DATE: December 15, 2016
TO: Anne Norris, City Manager (for December 20 meeting)
SUBJECT: Consider adoption of a resolution approving a conditional use permit
and site plan for a parking lot for Prescription Landscape
A. BACKGROUND
Prescription Landscape is proposing a conditional use permit (CUP) and site plan to
construct a new parking lot for its employees at 7323 – 33rd Avenue North and to
construct a new fueling station at 3231 Nevada Avenue North. The properties are both
zoned Light Industrial (I-1).
A parking lot is a permitted accessory use within the I-1 district without the need for
Planning Commission or City Council review and approval. However the applicant is
proposing an adjustment to the maximum number of required parking spaces.
According to city code section 515.17, Subd. 6, this adjustment requires the approval of
a CUP. Notice of the December 12 public hearing was published in the Sun Post on
December 1st and mailed to owners within 350 feet (see attachment B). No comments
have been received to date.
Attachments:
A. Site location map
B. Map showing public hearing notification area
C. Existing zoning map
D. 2030 Land Use Comprehensive Plan map
E. Photos of existing property
F. Project narrative
G. Parking study narrative
H. Proposed site plan (13 sheets)
I. Location of wetland
J. Resolution
COUNCIL STAFF REPORT
Conditional Use Permit and Site
Plan for Prescription Landscape
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B. PROPOSED CONDITIONAL USE
Property History
In 2005 the City Council approved a CUP for Prescription Landscape for outdoor storage
of vehicles, trailers, and landscaping materials. In 2010 the City Council approved a CUP
for a salt storage building. Both of these CUPs were for Prescription’s property at 3231
Nevada.
Comprehensive Plan
According to the Comprehensive Plan, the 2030 planned land use for these properties is
designated as Industrial. The proposed use is consistent with this designation. The
redevelopment chapter of the Plan identified these properties as a potential
redevelopment site:
“This is a transition area between residential to the north and east and light
industrial to the south and west. It is currently guided light industrial but
would also be a logical area for medium density residential such as
townhouses. The market could take this property in either direction, but
given that the bulk of the city’s medium density townhouses are located in
the southern part of the city, and the city’s need for job -creating
development wherever such uses make sense, the preferred development
in this area would be light industrial including light manufacturing,
office/showrooms and office/warehouse” (page 43).
Proposed Parking Lot – Earlier this summer the city received complaints about the
number of Prescription Landscape employees parking on the public street. Since there
are only five existing spaces on Prescription’s property, there is a shortage of off -street
parking for their employees. To correct this situation the applicant has purchased the
single-family home at 7323 – 33rd Avenue North. Prescription is proposing to demolish
the home and then construct a new 60 space parking lot for their employees. The
proposed new parking lot meets parking space and aisle dimensions, and setbacks, as
required in city code section 515.17, Subd. 4 (g) (4). Three handicapped parking spaces
are provided in the existing five spaces on Prescription’s property, as required by the
State Building Code.
There are two buildings on Prescription’s main parcel at 3231 Nevada. One building is
used exclusively for storage, while the building facing Nevada is used both for storage
and office. The following is a breakdown of uses within these two buildings:
Office space – 2,168 SF
Storage – 5,083 SF
Based on this square footage breakdown, the maximum required number of parking
spaces for these land uses is 18 spaces. Including the existing five spaces, the
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proposed number of parking spaces is 65. The only standard provided in the zoning
code for approving an increase to the maximum number of required parking spaces is
that the applicant must demonstrate that the proposed property use warrants the
proposed number of spaces. The applicant has provided a narrative (attachment G)
that explains the need for parking spaces for its employees. Based on this information,
staff recommends approval of the increase to the maximum number of parking spaces.
Staff also recommends a condition that the two parcels, 7323 – 33rd Avenue North and
3231 Nevada Avenue North, be combined to show the consolidation of property
ownership for the two properties. The address for the combined parcel would be 3231
Nevada Avenue North.
C. NOTABLE SITE PLAN IMPROVEMENTS
As required by city code section 520.15, the applicant will be required as a condition of
approval for the CUP and site plan to sign a site improvement agreement and provide a
cash escrow deposit to ensure completion of the new parking lot, stormwater infiltration
basin, and landscaping. In order to reduce impacts to the surrounding neighborhood during
construction, staff recommends two conditions of approval of the CUP and site plan:
1. Require the applicant to attend a pre-construction meeting with staff to review
city requirements such as hours when work can be done, removal of litter,
and implementation of erosion control measures.
2. In case the public has questions, require the applicant to install a sign at 7323
– 33rd Avenue North which provides the name of the company installing the
parking lot and the name and phone number of the project manager.
The following is a description of the notable site improvements.
1. Fueling Station. The applicant is proposing a fueling station as an accessory
use on Prescription’s main property at 3231 Nevada. This station will consist
of three tanks for the sole use of Prescrip tion’s employees. Staff from the
West Metro Fire-Rescue District have reviewed the plans for the fueling
station and have provided information to the applicant about requirements
that will need to be met at the time of building permit submittal. Sheet C-803
of attachment H is a photo of the proposed fuel tanks. There will not be a
canopy over the tanks. Since the fuel tanks will be located behind
Prescription’s main building facing Nevada, they will be screened from view.
2. Stormwater management. Stormwater management will be provided by a
new on-site infiltration basin that will connect with existing storm sewer pipes.
The basin is located to the west of the proposed parking lot. The city
engineer has reviewed the plans and confirmed that the basin complies with
city code rain event requirements. Since the infiltration basin is located on
private property, its maintenance will be the responsibility of the property
owner.
As part of the applicant’s submittal, a wetland delineation report was
completed by Wenck Associates for these two properties. This report has
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determined that one wetland does exist, but it is defined in the Wetland
Conservation Act (WCA) as an “incidental wetland” (a wetland constructed for
man-made purposes such as a storm drainage channel, and not naturally
occurring). Incidental wetlands are not regulated by the WCA. The location of
this wetland is shown on attachment I and is not located in the proposed
parking lot area. The city, with the assistance of an engineering consultant ,
will make the final determination that the wetland on Prescription’s property is
defined as incidental. The areas labeled as “investigation areas” on
attachment I are areas where the city requested Wenck Associates complete
a detailed investigation to verify the presence of a wetland. Wenck has
determined that there is not a wetland in these investigation areas, and the
city agrees with that determination. The city will make a final determination
on the delineation report once the 30-day required comment period
concludes.
3. Grading, drainage and erosion control – Engineering staff has reviewed the
grading, drainage and erosion control plans and found them acceptable.
Erosion control techniques that will be used on-site include silt fences, inlet
protection, riprap, and a rock construction entrance. The applicant is required
to have the Bassett Creek Watershed Management Commission review and
approve the erosion control plan and this has been made a condition of
approval of the CUP and site plan.
4. Screening. The parking lot will be screened by shrubs from the residential
property to the east. This vegetation will consist of “chokeberry autumn
magic” which will mature to a height of six feet.
5. Landscaping. The landscape plan shows that eight significant trees will be
removed from the property to accommodate the new parking lot (see sheet
C-101 of Attachment H). Significant trees are defined in code city code
section 830 as those trees that are at least 12” in diameter. The city’s tree
replacement ordinance requires that if a tree over 12” in diameter is removed
that it must be replaced with either one tree that is at least 5” in diameter or
two trees that are at least 3” in diameter. The applicant is providing 18 new
trees that are 3” in diameter, which meets the city’s requirements. These
trees are littleleaf linden, river birch, yellowwood, and Japanese tree lilacs.
As noted earlier, chokeberry autumn magic shrubs will also be planted.
6. Exterior lighting. The applicant is not proposing to add exterior lighting to the
property.
D. REQUESTED ACTION
At its meeting on December 12, 2016, the Planning Commission recommended
approval of the CUP and site plan for the parking lot by a vote of eight to zero (one
member absent), subject to the following conditions of approval:
1. The applicant shall combine the property identification numbers (PID) for
7323 – 33rd Avenue North and 3231 Nevada Avenue North, using 3231
Nevada as the address for the combined properties.
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2. The stormwater infiltration basin shall be maintained to provide the designed
function, and this maintenance shall be the responsibility of the property
owner.
3. Prior to disturbing the site for the parking lot, the applicant shall:
Submit an erosion control plan to the Bassett Creek Watershed
Management Commission for their review and approval.
Receive city approval of the findings in the wetland delineation report
completed by Wenck Associates after conclusion of the 30-day comment
period.
Sign a site improvement agreement with the city to guarantee completion of
the installation of the new parking lot, stormwater infiltration basin, and
landscaping.
Meet with city staff for a pre-construction meeting to go over the city’s
requirements, including hours when work can be done, removal of litter, and
implementation of erosion control techniques.
Install a four square foot sign at 7323 – 33rd Avenue North which provides
the name of the company installing the parking lot and the name and phone
number of the project manager. The sign must remain on the property for
the duration of the project.
4. The fueling station shall only be for vehicles and equipment of Prescription
Landscape, or its successor business, and not available for use by the
general public.
City Council motion is requested to approve the proposed resolution (Attachment J)
which approves the CUP and site plan for Prescription Landscape.
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Attachment J
CITY OF CRYSTAL
MINNESOTA
RESOLUTION NO. 2016-________
RESOLUTION APPROVING A CONDITIONAL USE PERMIT AND SITE PLAN FOR
PRESCRIPTION LANDSCAPE
WHEREAS, Prescription Landscape (“Applicant”) submitted an application to the City of
Crystal (“City”) for a conditional use permit and site plan to allow Prescription to construct a new
parking lot on the property at 7323 – 33rd Avenue North in Crystal, and to construct a fueling station
on the property at 3231 Nevada Avenue North, both of which are legally described in Exhibit A
(“Property”); and
WHEREAS, the Planning Commission held a public hearing regarding the Applicants’
request on December 12, 2016 and voted to forward the application to the City Council with a
recommendation that the requested conditional use permit and site plan be approved with certain
conditions; and
WHEREAS, the City Planner’s report dated December 15, 2016 regarding this matter, which
is attached hereto as Exhibit B, is incorporated herein and made part of this conditional use permit
and site plan, except that the conditions set out below are controlling; and
WHEREAS, the City Council finds that the conditional use permit and site plan as
recommended by the Planning Commission would be in compliance with the applicable rules and
regulations of the Crystal City Code.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Crystal, based
on the record of this matter and the findings and determinations contained herein, hereby approves
and issues a conditional use permit and site plan to allow Prescription Landscape to construct a new
parking lot at 7323 – 33rd Avenue North, and to construct a fueling station at 3231 Nevada Avenue
North to the Property subject to compliance with all of the following conditions of approval:
1. Lot combination. The applicant shall combine the property identification numbers (PID) for
7323 – 33rd Avenue North and 3231 Nevada Avenue North, using 3231 Nevada as the
address for the combined properties.
2. Stormwater Management. The stormwater infiltration basin shall be maintained to provide
the designed function, and this maintenance shall be the responsibility of the property owner.
3. Site Disturbance. Prior to disturbing the site for the parking lot, the applicant shall:
Submit an erosion control plan to the Bassett Creek Watershed Management Commission
for their review and approval.
Receive city approval of the findings in the wetland delineation report completed by Wenck
Associates after conclusion of the 30-day comment period.
6.4
Sign a site improvement agreement with the city to guarantee completion of the installation
of the new parking lot, stormwater infiltration basin, and landscaping.
Meet with city staff for a pre-construction meeting to go over the city’s requirements,
including hours when work can be done, removal of litter, and implementation of erosion
control techniques.
Install a four square foot sign at 7323 – 33rd Avenue North which provides the name of the
company installing the parking lot and the name and phone number of the project manager.
The sign must remain on the property for the duration of the project.
4. Fueling Station. The fueling station shall only be for vehicles and equipment of Prescription
Landscape, or its successor business, and not available for use by the general public.
5. Compliance. This conditional use permit and site plan is subject to the applicable
requirements of the City Code, the Applicants are required to comply with all applicable
federal, state, and local laws, rules, regulations, and ordinances, and are required to obtain
such other permits and permissions as may be required.
6. No Waiver. Failure by the City to take action with respect to any violation of any condition,
covenant or term of this conditional use permit and site plan shall not be deemed to be a
waiver of such condition, covenant, or term or any subsequent violation of the same or any
other condition, covenant, or term.
7. Revocation. The violation of any terms or conditions of this conditional use permit and site
plan including, but not limited to, any applicable federal, state, or local laws, rules,
regulations, and ordinances, may result in revocation of the conditional use permit. The
Applicants shall be given written notice of any violation and reasonable time, as determined
by the City, to cure the violation before a revocation of the permit will occur.
8. Binding Effect. This conditional use permit and site plan, and the conditions placed on it,
are binding on the Applicants, their successors and assigns, shall run with the Property, and
shall not in any way be affected by the subsequent sale, lease, or other change from current
ownership, until the conditional use permit and site plan is terminated or revoked as provided
herein. The obligations of the Applicants under this conditional use permit and site plan
shall also be the obligations of the current and any subsequent owners of the Property.
9. Acceptance of Conditions. Utilization of the Property for any of the uses allowed by this
conditional use permit and site plan shall automatically be deemed acceptance of, and
agreement to, the terms and conditions of this conditional use permit without qualification,
reservation, or exception.
Adopted by the Crystal City Council this 20th day of December, 2016.
____________________________
Jim Adams, Mayor
ATTEST:
___________________________
Chrissy Serres, City Clerk
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EXHIBIT A
Legal Description of the Property
Lot 8, Block 1, Robbinsdale Gardens, according to the recorded plat thereof, and situate in
Hennepin County, Minnesota; and
Lots 2 and 3, Block 1, Robbinsdale Gardens 2nd Addition, and situate in Hennepin County,
Minnesota
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EXHIBIT B
Planner’s Report
(attached hereto)
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_____________________________________________________________________
FROM: Dan Olson, City Planner
DATE: December 15, 2016
TO: Anne Norris, City Manager (for December 20 meeting)
SUBJECT: Second reading of an ordinance relating to residential construction
management and adoption of a resolution approving summary
language of the ordinance for publication
A. BACKGROUND AND SCOPE
Staff has recently been working with builders who are constructing new single-
family homes in two residential subdivisions. In some situations builders have
violated city code provisions, been unresponsive to city enforcement actions, and
not accepted responsibility for the impacts of their construction activities on
adjacent residents.
These conflicts are not unique to Crystal; they can arise whenever infill
development occurs adjacent to existing homes. In response to similar problems,
some other cities have begun to implement construction management
requirements as a condition of building permit approval. These vary by city, but
they all share the goal of establishing expectations up front, at the time of building
permit issuance, with the intent of minimizing problems during construction.
As discussed at the November 17, 2016 Council Work Session and December 6,
2016 Council meeting, staff is proposing a residential construction management
ordinance to clarify the builder’s responsibility. This process would also inform
adjacent residents of how they can find information on the project and how they
can respond if they have a complaint. Crystal already has regulations in place,
and staff has been responding to violations with traditional enforcement action.
However, this reactive approach is very time-consuming and has been of limited
effectiveness. Staff opinion is that a preventative approach needs to be added to
city code for the builders to acknowledge their responsibilities up front, the
adjacent residents to get their concerns addressed in a timely manner, and the
city to use its resources and staff time more effectively.
COUNCIL STAFF REPORT
Residential Construction Management Ordinance
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Staff has reviewed ordinances in Minneapolis, Edina, Golden Valley, St. Louis
Park, New Hope, Robbinsdale and Brooklyn Park. Many of these cities have
faced the same issues of a builder who violates city ordinances and residents
who look to the city to manage the builder’s project. Staff has incorporated
relevant requirements from these cities into the proposed Crystal process.
Although many of the recent Crystal issues relate to new single-family
construction, many cities also have requirements for major additions to single-
family homes. This is because these projects can have the same impact on a
neighborhood as the construction of a new home. A major addition is defined as
those projects involving the addition of a second story or adding more than 500
SF of additional living space. Staff recommends incorporating major remodeling
projects into the proposed Crystal construction management process. The new
ordinance in attachment A also includes the construction of new two-family
homes since they will have the same impacts on an existing neighborhood as
new single-family homes. Construction of larger building is already covered by
city code section 520 (Site and Building Plan Review)
Some cities also apply this process to demolition of an existing single-family
home, but we have not seen the negative consequences that have been
experienced with new construction. Therefore staff is not recommending that the
demolition of homes be part of this process.
B. PROPOSED PROJECT MANAGEMENT PROCESS
The new project management process would be required of builders who seek a
building permit for the following two types of residential construction:
a new single or two family home; and
a major addition to an existing single or two family home (defined as
adding a second story or constructing an addition of more than 500 SF in
size).
1. Preconstruction Meeting, Construction Management Agreement and
Escrow (new requirements proposed in attachment A). The proposed
code change would require the following three items before the building
permit is issued:
a) Pre-construction Meeting. The builder will meet with city staff who will
go over the expectations detailed in the construction management
agreement (CMA) and answer questions from the builder about specific
regulations.
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b) Construction Management Agreement. By signing the agreement the
builder agrees to adhere to certain city regulations and agrees to manage
their project, including communications and outreach (item 3 on next
page) and being responsible for subcontractors.
c) Escrow. The builder must make an escrow deposit with the city to
guarantee repair of any damage to public property (streets, curbs,
sidewalks, utilities and boulevard trees), installation and maintenance of
erosion control measures, and clean-up of litter and debris. If the city has
to make corrections then the costs would be deducted from the escrow.
The amount of the escrow would be determined in the city’s fee schedule.
At the November 17, 2016 Council Work Session, Council expressed an
interest in setting an escrow amount for major additions that is lower than
new single or two-family homes. At the December 20, 2016 City Council
meeting, Council will be asked to approve an amendment to the city’s fee
schedule to allow for the collection of these escrow amounts:
New single or two family home: $2,000
Major addition: $1,000
2. Existing Regulations Affirmed. The CMA would require the builder to
acknowledge and comply with the following regulations already in city code:
a) Noise Limitations. The city’s current noise ordinance (section 645) does
address construction-related noise but the ordinance may need to be
revised to better protect adjacent residents. Staff is looking at other cities’
noise limitations and will present possible changes at a future work
session. In the meantime, the current noise regulations will be enforced.
b) Stormwater Management. For new homes, the builder must submit a
stormwater management and erosion control plan for the project, and then
install and maintain erosion control measures. This requirement is already
found in section 530 of the city code. This issue has been a recurring
problem that has taken a lot of city staff time.
c) Traffic and Unloading. City code section 1310 has requirements that can
be enforced to regulate loading and unloading of construction materials,
obstructing traffic for long periods of time, and storing construction trailers
in the street overnight.
d) Public Trees. If applicable, boulevard trees should be protected during
construction. City code section 800 prohibits damage to boulevard trees.
e) Litter and Debris. City code section 635 prohibits littering in general, and
city code section 800 prohibits littering on public property and rights-of-
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way. Poor management of construction debris is a frequent cause of
complaints.
f) Portable Toilets. If a portable toilet is located on the property, it shall be
placed so as to not present odors to neighbors or the street. The city’s
nuisance ordinance (city code section 2010) prohibits offensive odors.
City staff will photograph adjacent public infrastructure (streets, curbs,
sidewalks, and boulevard trees) and property lines to document existing
conditions before the building permit is issued.
If the builder is in violation of the agreement including any of the items above,
the city can issue a stop work order. This would include a stop work sign
being posted on the property so neighboring residents can report any activity.
This authority is found in the state building code which the city has adopted.
3. Communications and Outreach. The following items will be included in the
construction management agreement:
a) Letter to Adjacent Residents. Upon issuance of the building permit, the
city will send a letter to adjacent property owners, including those located
across a street or alley. This letter will contain information about the
project, the name of the builder, the name and phone number of the
builder’s project manager, and contact information for the code
enforcement specialist in case issues arise. A handout will be included
with the letter and would address the following frequently asked questions:
− Has a permit been issued?
− How will the home be laid out?
− Who is doing the project?
− What if I’m concerned about the proposed home setback?
− How do I document damage to my property?
− What hours of the day can work be done?
− What should I do if I have a noise complaint?
− What is the city’s role in resolving construction related issues?
b) Property Sign. The builder will be required to place a sign on the
property providing the name of the builder and the name and phone
number of the builder’s project manager. The sign must remain on the
property for the duration of the project.
c) City Contact. The main city contact for residents will be the code
enforcement specialist who will involve other city staff as necessary.
d) City Website. The city will provide general information on its website
including the frequently asked questions. There will also be a web-based
complaint form which will be routed to the code enforcement specialist.
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C. REQUESTED COUNCIL ACTION
Staff would like to have this process in place for the spring 2017 construction
season. To achieve this goal the following is the proposed ordinance adoption
schedule:
Dec. 29 Summary of ordinance published
Jan. 29 Effective date of ordinance
Council is asked to approve second reading of the ordinance in attachment A,
and approve the summary ordinance in attachment B.
Attachments:
A. Proposed residential construction management ordinance
B. Resolution for summary ordinance
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Attachment A
CITY OF CRYSTAL
ORDINANCE #2016-____
AN ORDINANCE AMENDING CHAPTER 4
OF THE CRYSTAL CITY CODE
The City of Crystal ordains:
ARTICLE I. Chapter IV of the Crystal City Code is hereby amended by adding Section 403 as
follows:
Section 403 – Residential Construction Management
403.01. Purpose. The construction of new one-family or two-family dwellings, and the construction
of major additions to existing dwellings, can disrupt the quietude of the neighborhood, damage
adjacent public infrastructure, create stormwater and erosion problems, and result in littering and
other nuisances. The purpose of this section is to reduce the negative impacts associated with such
construction activities.
403.03. Definitions. Subdivision 1. The definitions in section 515.09 of this code shall apply to this
section, except that the following words and terms shall, for the purposes of this section, have the
meaning given them in this subsection.
Subd. 2. “Applicant” means the person or entity that applies for a building permit and that
will undertake, or is otherwise responsible for, the work to construct the new construction or major
addition.
Subd. 3. “Building permit” means a permit issued by the city to construct a new one-
family or two-family dwelling, or to construct a major addition to a one-family or two-family
dwelling.
Subd. 4. “New construction” means the construction of a new one-family or two-family
dwelling.
Subd. 5. “Major addition” means the construction of a second story of any size or a building
addition totaling 500 square feet or greater to a one-family or two-family dwelling.
Subd. 6. “Residential construction management agreement” means an agreement prepared
by the city and entered into between the applicant for a building permit and the city that, at a
minimum, identifies the specific items the applicant must take into consideration and follow during
construction.
403.05. Permit. Subdivision 1. Permit issuance. Before the building official may issue a building
permit for new construction or a major addition, the applicant shall comply with the following
requirements:
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(a) Pre-construction meeting. The applicant shall attend a meeting with city staff to discuss code
requirements and the residential construction management agreement.
(b) Residential construction management agreement. The applicant shall complete and execute
a residential construction management agreement on a form provided by the building official.
The applicant is required to notify any subcontractors working on the project of the
requirements of the agreement. Failure to comply with the terms of the agreement can result
in a delay in construction, the issuance of a stop work order, or the initiation of other
enforcement actions.
(c) Cash escrow. The applicant shall furnish a cash escrow to the city in the amount established
in the city’s fee schedule. The city may draw on the cash escrow as needed to reimburse
itself for the costs to repair damage to public property, install or repair erosion control
measures, or to remedy code violations. If the city determines the amount of escrow
provided is not sufficient to fully reimburse the city for its costs, the city may provide the
applicant written notice of the need to deposit additional funds in the escrow account. The
applicant shall provide the city the required additional cash escrow within 30 days of the date
of the written notice. The cash escrow shall be held by the city until the final certificate of
occupancy is issued for the project, at which time the remaining escrow balance will be
refunded, without interest, to the applicant.
(d) Property signage. A sign shall be posted by the applicant on the property at least five days
before new construction or a major addition commences, identifying the property address,
type of project such as “New Home” or “Home Addition”, the applicant, and the name and
working phone number for the applicant’s project manager. The sign face shall be four
square feet in area. The lettering on the sign shall be of a sufficient size to be, in the
judgement of the building official, visible from the street. The sign shall not be placed in the
public right-of-way and shall be maintained until the certificate of occupancy is issued for the
project.
ARTICLE II. Effective date. This ordinance is effective upon adoption and 30 days after
publication.
First Reading: December 6, 2016
Second Reading: __________, 2016
Council Adoption:_________, 2016
Publication:
Effective Date:
BY THE CITY COUNCIL
Jim Adams, Mayor
ATTEST:
____________________________
Christina Serres, City Clerk
6.5
491504v1 CR225-423
Attachment B
CITY OF CRYSTAL
MINNESOTA
RESOLUTION NO. 2016-____
RESOLUTION APPROVING SUMMARY LANGUAGE
FOR PUBLICATION OF ORDINANCE NO. 2016-___
WHEREAS, the Crystal City Council adopted Ordinance No. 2016-___ “An Ordinance
Amending Chapter 4 of the Crystal City Code” (“Ordinance”) at its meeting held on December 20,
2016; and
WHEREAS, Section 3.12 of the Crystal City Charter and Section 110.13 of the Crystal
City Code indicate that ordinances approved by the City Council will be published in summary
form and that the City Council is to approve the form of the summary.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Crystal that
the following summary language is hereby approved for publication of the Ordinance:
CITY OF CRYSTAL
AN ORDINANCE AMENDING CHAPTER 4
OF THE CRYSTAL CITY CODE
SUMMARY OF ORDINANCE No. 2016-____
Ordinance No. 2016-____has been approved by the city council on December 20, 2016. A
printed copy of the full text of the ordinance is available for public inspection in the office of the
city clerk.
The ordinance amends Chapter IV of the Crystal City Code by adding a new Section 403
titled “Residential Construction Management.” The new section requires those
constructing a new one-family or two-family dwelling, or a major addition (adding a
second story or a 500 square foot or larger addition) to a residential dwelling to
participate in a pre-construction meeting with the city, enter into a residential
construction management agreement with the city, provide a cash escrow to address
damage to public property, post a sign at the construction site, and comply with certain
other requirements. The ordinance is effective 30 days after publication.
BE IT FINALLY RESOLVED, that the City Clerk is hereby authorized and directed to do
each of the following:
1. Publish the approved summary language once in the City’s official newspaper;
6.5
2
491504v1 CR225-423
2. Place a copy of this Resolution, the full text of the Ordinance, and the affidavit of publication of
the summary language in the City’s ordinance book;
3. Make the full text of the Ordinance available for public inspection in the office of the City Clerk
during the City’s regular business hours;
4. Incorporate the text of the Ordinance into the Crystal City Code; and
5. Post the updated Crystal City Code on the City’s website.
Adopted this 20th day of December, 2016.
BY THE CITY COUNCIL
_________________________________
Jim Adams, Mayor
ATTEST:
________________________________
Christina Serres, City Clerk
6.5
Memorandum
DATE: December 20, 2016
TO: City Council
FROM: Mark Ray, PE, Public Works Director
Mick Cyert, Engineering Project Manager
SUBJECT: Accept Feasibility Report and Order Improvement Hearing
2017 Alley Reconstruction
Summary
Since the alley reconstruction program began in 2007, the City has completed ten consecutive
alley projects. At the November 15 City Council meeting, the Council ordered the Feasibility
Report for the 2017 Alley Reconstruction project. The Council is now being asked to accept the
Feasibility Report and call for the public improvement hearing to be held at the February 7,
2017 City Council meeting.
Approving the Feasibility Report item will be the second of six Council meetings where project
items will come to the Council for consideration and proposed action.
The purpose of the public improvement hearing is for the City Council to discuss a specific local
improvement before ordering it done. The Council considers all the information in the
Feasibility Report and any other information necessary for Council deliberation. At the
Improvement Hearing interested persons may voice their concerns, whether or not they live in
the proposed assessment area.
Opportunities for public input will occur throughout the project:
Neighborhood meeting will occur on January 19, 2017. (tentative)
Public hearings will occur in the spring and fall 2017.
Residents may contact City staff assigned to the project anytime.
City staff will be in the field during construction.
Attachments
2017 Alley Project Location Map
2017 Alley Project Progress Schedule
2017 Alley Project Feasibility Report
Recommended Action
Motion to approve the resolution accepting the Feasibility Report
Motion to approve the resolution ordering of the improvement hearing
6.6
6.6
G:\Projects\2017\Alleys\Assessments\429 Project Process Form Alley 17.docx
2017 – Concrete Alley Paving Construction Project Process (2017-07)
429 process: Minnesota State Statute 429 outlines the process for assessments for public improvements.
10/31/16
Date Project Step Purpose of Step Council Action Staff Action
November 15, 2016 Order preparation of Feasibility Report Ordering the Feasibility Report is a required step in the 429 process. Resolution 2016
December 20, 2016 Accept Feasibility Report and Call for
Improvement Hearing
The engineer will present the Feasibility Report, the proposed project, an initial cost estimate and
potential assessments. As part of the meeting the City Council will also set the date and time for
the Improvement Hearing as required by the 429 process
Resolution 2016
January 19, 2017
5:30 – 7-30 Neighborhood Meeting Provide a brief overview of the proposed project. Gather resident input on concerns or questions
they have about the project
Mail Notices
January 3, 2017
February 7, 2017
Conduct Improvement Hearing
The purpose of this hearing is for the City Council to discuss a specific local improvement before
ordering it done. The Council considers all the information in the Feasibility Report and any other
information necessary for Council deliberation.
At the Improvement Hearing interested persons may voice their concerns, whether or not they are
in the proposed assessment area. A reasonable estimate of the total amount to be assessed and
a description of the methodology used to calculate individual assessments for affected parcels
must be available at the hearing. If the Council rejects the project, it may not reconsider that same
project unless another hearing is held following the required notice.
Public Hearing
Mail notice:
January 3, 2017
Ad in paper:
January 19 &
26, 2017
February 7, 2017 Order Improvement and Preparation of
Plans and Specifications
The project may be ordered any time within 6 months after the Improvement Hearing. It is not
advisable to change project parameters after ordering the improvement. Upon ordering the
improvement construction drawings and specifications are prepared. Any changes to the project
scope after this point will require redesign effort with additional cost and staff time as a result. This
also has the potential to delay the project.
Resolution 2017
March 7, 2017 Approve Plans and Order
Advertisement for Bids This step is a requirement of the 429 process. Resolution 2017
March 9, 2017 Publish Ad for Bid in Sun Post News
Paper A step in the bidding process. The project will also be advertised on Quest CDN website
Publish Ad for Bid
Ad in paper
March 16 &
23,2017
April 12, 2017
Bid Opening – 1:00 P.M.
Bids are opened by staff and tabulated. From here staff will make a recommendation to the City
Council for award. Open Bids
6.6
G:\Projects\2017\Alleys\Assessments\429 Project Process Form Alley 17.docx
Date Project Step Purpose of Step Council Action Staff Action
April 18 ,2017 Accept Bid and Award Contract
City Council approves all the project construction-related contracts. This step is required in the 429
process and allows for the project to move forward with starting the actual construction process.
Resolution 2017
Execute contract
issue notice to
proceed
Late May –
July, 2017 Construction
Once the project is awarded staff manages the day-to-day contract execution. Project Manager or
Resident Project Representative is on-site to make sure the project is constructed in accordance to
the plans and specifications. Communications between the contractor and city is primarily through
the City Engineer, Project Manager and Resident Project Representative.
Significant changes will be brought to the City Council for approval prior to the work being
executed. Minor changes and field directives are authorized by the City Engineer in advance to
maintain the project schedule. Adjustments to estimated quantities occur during the final
acceptance of the improvements.
Manage Project
September 5, 2017
Declare Amount to be assessed Order
Preparation of Assessment Roll and
Call for Assessment Hearing
The City Council will set the date and time for the Assessment Hearing as required by the 429
process. Resolution 2017
October 3, 2017 Conduct Assessment Hearing
The purpose of this hearing is to give property owners an opportunity to express concerns about
the actual special assessment. At the Assessment Hearing the City Council shall hear and
consider all objections to the proposed assessment, whether presented orally or in writing. This is
a required step in the 429 process. Properties that went ahead with private driveway and sewer
service repair work agreed to waive their right to appeal the assessment for the repair work.
Public Hearing
Mail Notice
September 6,
2017
Ad in paper:
September 21 &
28, 2017
October 3, 2017 Adopt Assessments
City Council must, by resolution, adopt the same as the special assessment against the lands
named in the assessment roll. This step is a requirement of the 429 process. Once the
assessment roll is adopted the assessments are set and become liens against the properties
listed.
Resolution 2017
Mail notice of
adoption on and
explanation of
payment options
October 4, 2017
November 20, 2017 Assessments Certified to Hennepin
County Assessments
Certified
6.6
G:\Projects\2017\Alleys\alleyfeasrprt2017.doc
FEASIBILITY REPORT FOR
2017 ALLEY RECONSTRUCTION PROJECT
PROJECT 2017-07
Date Submitted: Dec. 20, 2016
Project Background
Since 2007, the City of Crystal has been reconstructing alleys throughout the city to replace
the existing alley pavement with concrete, as well as conducting feasible storm water
improvements. This is the city’s 11th alley reconstruction project, and it includes the last of
the alleys that were originally programmed.
Previously reconstructed and upgraded alley projects include:
Welcome Park Neighborhood (Street Reconstruction Phase 10)
Five sand and gravel alleys.
Thirteen deteriorated asphalt alleys.
Forest North Neighborhood (Street Reconstruction Phase 12)
Three deteriorated asphalt alleys.
Lee Park Neighborhood (Street Reconstruction Phase 5)
Seven deteriorated asphalt alleys.
Project Location
The proposed 2017 project will reconstruct the alleys parallel to and between Adair Avenue
and Zane Avenue from 43rd Avenue to 45th Avenue in the Welcome Park Neighborhood
(Alleys A and B); the alley located parallel to and west of Douglas Dr. from 46th Avenue to
47th Avenue in the Forest South Neighborhood (Alley C); and the dead end alley parallel to
and south of 36th Avenue and east of Hampshire Avenue in the Valley Place Park
Neighborhood (Alley D).
The project area is shown on the attached map.
Existing Conditions
The majority of the existing asphalt alleys were paved in the early 1970s. The Hampshire
Avenue alley (Alley D) in the Valley Place Park Neighborhood was resurfaced as part of
Phase 3 Street Reconstruction in 1997 and is now reaching its design life expectancy.
The existing pavement has deteriorated to a point beyond its useful life due to age,
substandard soil conditions, poor drainage and heavy loading caused by garbage trucks and
other large vehicles. Uneven grades of the pavement surface results in water ponding which
can freeze, creating icy conditions in the winter, or soak into the pavement which further
deteriorates the alley’s subgrade. The existing alley pavement conditions require frequent
and regular maintenance and attention from the street maintenance division of the Crystal
Public Works Department.
6.6
G:\Projects\2017\Alleys\alleyfeasrprt2017.doc
Hampshire Avenue Alley (Alley D)
Only two dead end alleys exist in Crystal, one being in the Welcome Park Neighborhood
(previously reconstructed) and one in the Valley Place Park neighborhood (proposed to be
included in this project). The Welcome Park Neighborhood dead end alley is 520 feet long
and serves 19 homes with all homes having front door access from surrounding streets. This
alley was reconstructed in 2008 with concrete. The Hampshire Avenue Alley proposed to be
included in this project is unique because homes off of Georgia Avenue (one block east) are
at a significantly higher elevation and separated from Georgia Avenue by trees and other
vegetation. Because of these existing conditions, the alley serves as the primary access for
the homes.
Width
The available existing right-of-way for the Hampshire Avenue alley is approximately 22 feet
wide is not wide enough to build a standard city street configuration, even at a reduced
width. The existing pavement in the alley is between 16 feet and 18 feet wide and still not
wide enough to allow two passenger vehicles to comfortably pass without one vehicle
pulling onto an adjacent driveway. The existing alley functionally serves one vehicle at a
time. Additionally, a traffic monitoring camera was deployed at the alley and based on the
video collected, the vast majority of the time only one vehicle is arriving or departing the
alley. The typical section for a reconstructed alley is 12 feet wide. The standard 12-foot alley
would meet the functional needs and is being proposed for the alley.
Driveway impacts
For the properties owners who have driveways that connect to the existing alley, their
driveway width will not change; however, the driveway length will be extended (as needed)
to connect with the new alley pavement. The property at 3540 Hampshire has a very wide
existing driveway opening which will be kept and extended to the new alley edge. Should
drivers use this space to pass (as they already do), it would still be available to them.
Proposed Project
The proposed “V” concrete pavement section will provide a significant improvement over
the existing asphalt pavement. The concrete pavement is more durable than asphalt
pavement, and it is able to withstand the weight of the heavier trash trucks. Concrete
pavement can also be constructed more precisely than asphalt which means the new alley
will allow water to flow to the center and drain to adjacent street intersections or storm
sewer pipes (existing or new).
Due to poor soil conditions, the Hampshire Avenue alley (Alley D) will require soil correction
and an additional 18” of excavation in order to construct an adequate base to support the
new concrete pavement.
Attached to this report is a standard typical section for the alley reconstruction project.
6.6
G:\Projects\2017\Alleys\alleyfeasrprt2017.doc
Private Project Improvements
As with previous alley and street projects, the property owners will be able to participate in
a driveway reconstruction and/or sanitary sewer repair program, provided the sewer
connection to the main is located under the alley be reconstructed. The additional costs of
this private work can be assessed with the alley cost.
Estimated Project Cost
The estimated project cost is $209,630.
Estimated Assessment Amount
The City of Crystal has determined benefit to single family lots for local alley reconstruction
on a unit basis instead of by the front foot of each abutting property. The established policy
for alley construction will use the per lot (unit) basis for the 49 benefiting single
family/duplex properties. All abutting parcels will be assessed without consideration as to
where the property driveway access is, be it the street or alley. All properties are
considered to have benefit from the improved alley, even if their driveway access is fro m
the local street.
The adopted policy is to special assess 60% of the project cost with the remaining 40% to be
paid by the Storm Drain Utility Fund. The proposed project is consistent with the adopted
policy and program.
By assessing only 60% of the total cost on a per lot basis, the study cost and benefit analysis
shows an estimated assessment cost of $2,567 for each of the 49 single family/duplex
parcels. It has been determined that based on this cost, the project is feasible and provides
appropriate benefit to the assessed properties. Assessments for alley construction are
levied over a 10-year term at a 4.5% interest rate.
No change in the assessment policy is recommended for 2017. The assessment for each
unit is calculated by dividing the total project cost by the number of units. The project cost
breakdown is on the following page and uses the above-noted assessment approach and
the proposed concrete construction detail.
Attachments
Project location map
Typical alley section
Project cost breakdown
6.6
6.6
11/23/16
2017 ALLEY CONSTRUCTION
PROJECT 2017-07
Estimated Cost and Proposed Assessment Calculations
( Feasibility )
Estimated Project Cost $209,629.05
Less Other City Contributions - $
Less City of Crystal Contributions (40% Storm Drain Utility Fund) 83,851.62$
Total Project Cost to be Assessed $125,777.43
Residential Amount to be Assessed $125,777.43
Total Residential Lot Units Assessment 49
Residential Alley Unit Assessment Rate
$125,777.43 /49 $2,566.89 /unit
* Note - In 2016 the Residential Alley Unit Assessment was $1891.10/unit
Prepared by Crystal Engineering Department
_______________________Date: Date: _________
Mick Cyert Mark Ray
Project Manager City Engineer
i:/proejcts/2017/Alleyrecon/Plansspec/Assessments/Assessmentcalc2017feas
6.6
RESOLUTION NO. 2016 - ______
ACCEPTING FEASIBILITY REPORT
2017 ALLEY RECONSTRUCTION
PROJECT #2017-07
WHEREAS, since the Alley Reconstruction Program began in 2007, the City has
completed ten consecutive alley projects; and
WHEREAS, the 2017 project will include the last of the alleys originally programmed to
be reconstructed; and
WHEREAS, the 2017 Alley Reconstruction project is being constructed in accordance
with Minnesota State Statute 429 requirements; and
WHEREAS, the City Council ordered the preparation of the feasibility report on
November 15, 2016; and
WHEREAS, the Crystal City Council is committed to providing and maintaining quality
infrastructure that is essential for everyday residential, commercial, industrial, and recreational
activities in the City.
NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council hereby accepts
the feasibility report for 2017 Alley Reconstruction Project, Project #2017-07.
Adopted by the Crystal City Council this 20th day of December, 2016.
Jim Adams, Mayor
ATTEST:
____________________________
Christina Serres, City Clerk
6.6
RESOLUTION NO. 2016 - ______
CALL FOR PUBLIC IMPROVEMENT HEARING
2017 ALLEY RECONSTRUCTION
PROJECT #2017-07
WHEREAS, the 2017 Alley Reconstruction project is being constructed in accordance
with Minnesota State Statute 429 requirements; and
WHEREAS, the City Council ordered the preparation of the feasibility report on
November 15, 2016; and
WHEREAS, a feasibility report was accepted by the City Council on December 20,
2016; and
WHEREAS, the Crystal City Council is committed to providing and maintaining quality
infrastructure that is essential for everyday residential, commercial, industrial, and recreational
activities in the City.
NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council hereby calls for a
public improvement hearing for the 2017 Alley Reconstruction Project, Project #2017-07 to be
held at the February 5, 2017 City Council meeting.
Adopted by the Crystal City Council this 20th day of December, 2016.
Jim Adams, Mayor
ATTEST:
____________________________
Christina Serres, City Clerk
6.7
Memorandum
DATE: December 20, 2016
TO: City Council
FROM: Mark Ray, PE, Public Works Director
SUBJECT: Becker Park Storm Water Infiltration Project Proposal – additional work
Background
Over the past few months Wenck Associates has been conducting the Phase 1 design for the Becker Park
storm water infiltration project. One of the components of this portion of the design project was conducting a
Phase I Environmental Site Assessment.
As a reminder, the City of Crystal purchases water through the Joint Water Commission from the City of
Minneapolis which draws the water from the Mississippi River. This is different from well water which is
drawn from aquifers deep in the earth and more directly influenced by infiltration. During the Phase I
Environmental Site Assessment some potential contaminates were detected (even though they do not impact
the Crystal surface water source). While the amount detected was well below safe drinking water thresholds
(the benchmark for testing water for contaminates is the potential impact on humans), but out of an
abundance of caution more detailed analysis is recommended so that we better understand what the
conditions are.
The proposed Phase II Environmental Site Assessment will be specifically focused on gathering more
information about the potential contaminates. Staff from Wenck Associates will be available at the December
20 Council meeting to answer questions.
Project Cost
The proposed cost for this additional work is $18,500. This includes $8,300 for additional soil borings to
collect more soil information in targeted locations.
Project Funding
The cost for this additional study is eligible to be reimbursed from the Minnesota Board of Water & Soil
Resources (BWSR) grant that is managed through the Shingle Creek Watershed Management Organization
(SCWMO). An amendment to the agreement with SCWMO to reimburse these costs will also be considered by
the Council at the December 20, 2016 meeting. The SCWMO has already approved the amendment at their
last meeting.
Attachment
• Proposal from Wenck Associates, Inc. for the Phase II Investigation
Requested Action
Motion to approve the Resolution authorizing the professional services agreement with Wenck Associates, Inc
for the Becker Park Phase II Investigation
6.8
Wenck Associates, Inc. | 1802 Wooddale Drive | Woodbury, MN 55125-2937
Toll Free 800-472-2232 Main 651-294-4580 Email wenckmp@wenck.com Web wenck.com
-
December 7, 2016
Mr. Mark Ray, PE
Director of Public Works/City Engineer
City of Crystal
4141 Douglas Drive North
Crystal, Minnesota 55428
RE: Proposal for Phase II Investigation
5501 and 5530 Douglas Drive North
Crystal, Minnesota 55428
Dear Mr. Ray:
Wenck Associates, Inc. (Wenck) is pleased to provide the following proposed scope of work and
fee estimate for an approximately 11.28 acre property at located at 5501 and 5530 Douglas
Drive North, Crystal, Hennepin County, Minnesota (the Site).
Based on information communicated from the City of Crystal, we have learned the prospective
use of the Site includes potential infiltration. The most significant challenge to implementing an
infiltration design is the potential presence of groundwater impacts from historical onsite and
offsite sources.
Background
During the recent Phase I Environmental Site Assessment (ESA) at the Site, Wenck discovered
environmental conditions with some potential to affect the planned stormwater infiltration
features. They include two dry cleaners historically located to the west across Sherburne
Avenue, a third dry cleaner once located on the northeast part of the Site and a closed
petroleum release to the southwest of the Site. It is not known if any of these activities
impacted soil or groundwater at the Site. Therefore, Wenck proposes a Phase II ESA to assess
for soil or groundwater impacts and to evaluate potential risks to the planned stormwater
activities.
Proposed Scope of Services Addendum
Environmental Monitoring of Planned Geotechnical Borings
Wenck proposes to add the following environmental monitoring tasks during completion of the
planned geotechnical soil borings/piezometers at the Site:
The registered well contractor will submit a temporary monitoring well sealing
notification and sealing record for the temporary monitoring wells to be sampled at the
Site.
The drilling contractor will steam clean the downhole tooling prior to sampling and
decontaminate split-spoon sampling equipment during the drilling process.
A Wenck field scientist will observe the soil borings for visual or odor indications of
possible contamination and will screen recovered samples with a photoionization
detector (PID) for organic vapor impacts.
Field staff will collect soil samples for laboratory analysis of volatile organic compounds
(VOCs) if there are field indications of solvent impacts. Additional parameters may
include diesel range organics (DRO) or gasoline range organics (GRO) if we note field
6.8
Mark Ray, PE
City of Crystal
December 7, 2016
2
V:\Technical\1886 City of Crystal\08 Becker Park\Communication\Proposal, and Contract\2016-12-07 Phase II Proposal-Becker Park.docx
indications of petroleum impacts. We assume approximately four soil samples from the
eight borings.
Once soil borings encounter the water table, field staff will use a bailer to collect a
groundwater sample for laboratory analysis of VOCs from each of the eight boreholes
prior to boring sealing or installation of piezometers. Additional parameters may include
DRO or GRO if we note field indications of petroleum impacts. One blind duplicate
sample will also be collected.
Wenck will submit the soil and groundwater samples to a certified environmental
laboratory under appropriate chain-of-custody and sample preservation procedures.
Wenck will incorporate the environmental monitoring results into the Phase II ESA
report.
Phase II ESA
Wenck proposes to perform the following additional Phase II ESA environmental sampling closer
to the potential contamination sources to assess the likelihood for migration of impacts after
construction of the planned stormwater improvements:
Wenck will engage a Geoprobe contractor to perform additional soil borings to
approximately 10-feet depth below the observed water table. We estimate five borings
along the west edge of the Site and three borings in the northeast corner.
The registered well contractor will submit a temporary monitoring well sealing
notification and sealing record for the temporary monitoring wells to be sampled at the
Site.
The Geoprobe contractor will steam clean the downhole tooling prior to sampling and
decontaminate core-barrel sampling equipment during the drilling process.
A Wenck field scientist will observe the soil borings for visual or odor indications of
possible contamination and will screen recovered samples with a PID for organic vapor
impacts.
Field staff will collect soil samples for laboratory analysis of VOCs if there are field
indications of solvent impacts. Additional parameters may include DRO or GRO if we
note field indications of petroleum impacts. We assume approximately four soil samples
from the eight borings.
At each sampling location, the soil boring will be completed to water table depth at
which point field staff will use a bailer to collect a “shallow” groundwater sample. The
dual-tube casing will then be advanced to allow purging and collection of a second
“deep” groundwater sample from a depth 10-feet below the water table.
The 16 groundwater samples plus two blind duplicates will be analyzed for VOCs.
Additional parameters may include DRO or GRO if we note field indications of petroleum
impacts.
Wenck will submit the soil and groundwater samples to a certified environmental
laboratory under appropriate chain-of-custody and sample preservation procedures.
Wenck will prepare a Phase II ESA report including maps, tables, laboratory reports and
other documentation. The report will present results, opinions, conclusions, and
recommendations if appropriate.
6.8
Mark Ray, PE
City of Crystal
December 7, 2016
3
V:\Technical\1886 City of Crystal\08 Becker Park\Communication\Proposal, and Contract\2016-12-07 Phase II Proposal-Becker Park.docx
Cost Estimate Addendum
As an addendum to the approved project budget, Wenck estimates the following costs for the
additional tasks detailed above:
· Environmental Monitoring of Planned Geotechnical Borings - $8,300
· Phase II ESA - $10,200
· Total Addendum - $18,500
Please get back to me or Charlie Tiller at 651.395.5205 with any questions.
Sincerely,
Wenck Associates, Inc.
Joel Toso, PE
Senior Engineer
763-252-6831
ACCEPTED BY:
CITY OF CRYSTAL
by
Its
(Date)
6.8
RESOLUTION NO. 2016- _____
AUTHORIZING THE PROFESSIONAL SERVICES AGREEMENT FOR
THE BECKER PARK PHASE II INVESTIGATION
WHEREAS, storm water management is a very important issue for the City of Crystal; and
WHEREAS, Wenck Associates, Inc. is under contract with the City for the Becker Park storm
water project Phase 1 design process; and
WHEREAS, through the Phase 1 design process the need for additional environmental
investigation was identified.
NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council hereby accepts the
proposal from Wenck Associates, Inc. and authorizes the City Manager to sign an Agreement with
Wenck Associates, Inc. for the Becker Park Phase II Environmental Investigation.
Adopted by the Crystal City Council this 20th day of December 2016.
Jim Adams, Mayor
ATTEST:
Christina Serres, City Clerk
6.8
Memorandum
DATE: December 20, 2016
TO: City Council
FROM: Mark Ray, PE, Public Works Director
SUBJECT: Amendment agreement with Shingle Creek Watershed Management
Organization
Background
At the October 5, 2016 Council meeting the Council approved an agreement with the Shingle
Creek Watershed Management Organization (SCWMO) for the use of Minnesota Board of
Water & Soil Resources (BWSR) grant funding for the Phase 1 Design of the Becker Park storm
water infiltration project.
At the December 20, 2016 Council meeting the Council will consider a proposal from Wenck to
conduct an Environmental Site Assessment Phase II study as part of the Phase 1 design process.
The cost for this additional work is eligible to be reimbursed by the BWSR grant.
The proposed amendment to the agreement with the SCWMO is needed in order for the grant
funds to be released to the City to pay for the additional environmental study work.
Attachment
• Amendment to the Agreement with Shingle Creek Watershed Management
Organization
Requested Action
Motion to approve the Resolution authorizing the amendment agreement with the Shingle
Creek Watershed Management Organization.
6.9
6.9
RESOLUTION NO. 2016- _____
AUTHORIZING THE AMENDMENT TO THE AGREEMENT WITH THE SHINGLE
CREEK WATERSHED MANAGEMENT ORGANIZATION FOR
THE BECKER PARK STORM WATER PROJECT
WHEREAS, storm water management is a very important issue for the City of Crystal; and
WHEREAS, Becker Park is in the area managed by the Shingle Creek Watershed Management
Organization; and
WHEREAS, the City has contracted with Wenck Associates, Inc. to provide design and
construction observation services and authorized Phase 1 of the design process for Becker Park; and
WHEREAS, the City has authorized the cooperative agreement with the Shingle Creek
Watershed Management Organization for the Becker Park Storm Water Infiltration Project Design Phase
1; and
WHEREAS, additional environmental study is needed as part of the Phase 1 design process; and
WHEREAS, the Council has authorized the contract for the additional environmental study as
part of the Phase 1 design process; and
WHEREAS, the cost of this additional environmental work is eligible to be reimbursed through
the cooperative agreement with the watershed.
NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council hereby authorizes the
amendment to the agreement with the Shingle Creek Watershed Management Organization for the
Becker Park Storm Water Infiltration Project Design Phase 1.
Adopted by the Crystal City Council this 20th day of December 2016.
Jim Adams, Mayor
ATTEST:
Christina Serres, City Clerk
6.9
_____________________________________________________________________
FROM: John Sutter, Community Development Director
_____________________________________________________________________
DATE: December 15, 2016
TO: Anne Norris, City Manager (for December 20 Council meeting)
SUBJECT: Consider authorizing a contract with the City of Brooklyn Park for
environmental health services in 2017
The city of Brooklyn Park’s Code Enforcement and Public Health Division has provided
environmental health inspections and related services on a contract basis to the city of
Crystal since 2006. Over that time there have been dramatic reductions in the scope of
contracted health services due to the MN Departments of Agriculture and Health
assuming responsibility for inspection and licensing of grocery and convenience stores,
bakeries, pre-packaged food sales, perishable and non-perishable vending operations,
retail food establishments, lodging establishments, public swimming pools, and tattoo
and body piercing establishments.
The responsibilities assumed by Brooklyn Park and Crystal under the existing 2016 and
proposed 2017 agreements are limited to those health services necessitated by certain
provisions of the Crystal City Code, including:
• Investigating unsanitary conditions
• Public restrooms
• Tanning facilities
• Clandestine drug lab sites
• Therapeutic massage
As with past agreements, the 2017 agreement is an hourly contract. The not to exceed
amount of $4,000 is unchanged from 2016. The amount is based on the level of health
services billed by Brooklyn Park in recent years with an adequate cushion for
unforeseen events.
As of November 30 total billings under the 2016 contract are only $656, compared with
$2,415 for the same period in 2015. This reduction of $1,759 is largely due to the
elimination of city inspections of garbage trucks which was duplicated by the state’s
inspection system. Instead, we require proof of the state inspection prior to issuing a
license. Brooklyn Park has also eliminated city inspections of garbage trucks.
Staff requests approval of the attached 2017 Environmental Health Services Agreement
with the city of Brooklyn Park for environmental health services.
COUNCIL STAFF REPORT
2017 Environmental Health
Contract with Brooklyn Park
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ENVIRONMENTAL HEALTH SERVICES AGREEMENT
This Environmental Health Services Agreement (“Agreement”) is made on this ____ day
of ____________, 20__, by and between the City of Crystal, a Minnesota municipal corporation
(“Crystal”) and the City of Brooklyn Park, a Minnesota municipal corporation (“Brooklyn
Park”).
WHEREAS, Crystal is authorized and empowered to provide for environmental health
services to ensure the public health, safety and welfare; and
WHEREAS, environmental health services have been provided to Crystal by Brooklyn
Park for Crystal since November 21, 2006; and
WHEREAS, Brooklyn Park currently has employees performing environmental health
services; and
WHEREAS, Brooklyn Park has determined that, in addition to providing environmental
health services for itself, its employees can continue to provide these services to Crystal; and
WHEREAS, both parties can benefit from Brooklyn Park continuing to provide these
services to Crystal; and
WHEREAS, the parties desire to enter into this Agreement setting forth the terms by
which Brooklyn Park will perform the services on behalf of Crystal; and
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth
below, the parties agree as follows:
1. Environmental Health Services.
A. Hourly Services. Brooklyn Park shall provide the following environmental health
services to Crystal upon the request of Crystal (“Hourly Services”):
1. Respond to any environmental health emergencies, such as illness
outbreaks or pollution investigations. If Brooklyn Park first becomes
aware of an environmental health emergency in Crystal, it shall reasonably
attempt to notify Crystal before responding.
2. Perform routine inspections of existing establishments and facilities, as
required by applicable Codes. Crystal shall be responsible for prosecuting
any Code violations; and
3. Perform complaint investigations for complaints received pursuant to the
applicable Codes. Crystal shall be responsible for forwarding the
complaint to Brooklyn Park’s Code Enforcement & Public Health
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Manager for investigation. Crystal shall also be responsible for
prosecuting any Code violations; and
4. Respond to any public health nuisances such as clandestine drug lab sites,
unsanitary housing, air quality, and water pollution. Crystal shall be
responsible for informing Brooklyn Park’s Code Enforcement & Public
Health Manager of any public health nuisance and prosecuting any Code
violations. If Brooklyn Park first becomes aware of a public health
nuisance in Crystal, it shall reasonably attempt to notify Crystal before
responding; and
5. Provide assistance to Crystal in providing general information from the
Codes related to environmental health to citizens and businesses; and
6. Respond to any complaints related to violation of the noise standards as
defined by Minnesota Rules Chapter 7030. Crystal shall be responsible for
forwarding any noise complaints to Brooklyn Park’s Code Enforcement &
Public Health Manager for response. Crystal shall also be responsible for
prosecuting any Code violations; and
7. Provide other inspection services or technical recommendations related to
Code matters as may from time to time be requested by Crystal; and
8. Assist Crystal in its prosecutions of any Code violations by providing
information and testifying in court.
B. Crystal at all times shall be responsible for administering and enforcing any of its
zoning requirements, including but not limited to, approval of site plans, building
size, building location and building use and any other applicable performance
standards. Crystal shall be responsible for administering and issuing all licenses
and permits and collecting any applicable fees. Crystal shall receive and retain
any applicable license or permit fees. Under no circumstances shall Brooklyn
Park be responsible for performing any services related to Fire Code or Zoning
Code enforcement or any other code compliance inspections that are not
performed in connection with issuance of an environmental health license or
public health investigation. Brooklyn Park shall not be responsible for prosecuting
any Code violations or violations of any other code provision, State statute or
regulation.
C. The Hourly Services to be performed by Brooklyn Park may be performed by any
qualified member of the Brooklyn Park Code Enforcement and Public Health
Division and any qualified employee working under the direction and supervision
of Brooklyn Park’s Code Enforcement & Public Health Manager.
2. Fees and Expenses.
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A. Fees. For any Hourly Services provided by Brooklyn Park, Crystal shall pay an
hourly rate of $69.00/hour (“Hourly Fee”) and shall not exceed a cumulative total
of $4,000 over any calendar year. If the Hourly Services consist of responding to
an environmental health emergency, Crystal shall also pay Brooklyn Park any
overtime pay incurred by Brooklyn Park for its responding personnel, any
equipment rental costs (including equipment that is owned by Brooklyn Park),
supply costs, outside vendor services costs and costs for any other services used
by Brooklyn Park during the environmental health emergency. Brooklyn Park’s
Code Enforcement and Public Health Manager or his or her designee shall have
the exclusive authority in determining the need for any of these resources.
B. Adjustment of Fees. The Hourly Fee listed above may increase on January 1st of
each year. Prior to January 1st, representatives from Brooklyn Park and Crystal
shall meet to determine the amount of the increases. The increases shall be
approved by the Crystal City Council.
C. Payment of Fees. Brooklyn Park shall submit to Crystal by the 15th of each month
a detailed statement of the Hourly Services rendered in the month prior along with
an invoice that includes the amount due, in such form and detail as Crystal may
reasonably require, as well as periodic suggestions regarding other matters
relating to the inspection service. Crystal shall pay the invoice no later than thirty
days from the date of the invoice.
3. Records. Brooklyn Park shall maintain any original records related to the Hourly Services
for Crystal. These records shall be kept on file by Brooklyn Park pursuant to State law.
They shall be accessible to Crystal. In the event this Agreement is terminated, all original
records shall be returned to Crystal.
4. Administrative Responsibility. The Brooklyn Park Code Enforcement & Public Health
Manager and his or her designees are hereby provided specific authority by Crystal to
administer and enforce the Codes as provided by this Agreement. The daily administration
of the Hourly Services rendered pursuant to this Agreement shall be under the sole
direction of Brooklyn Park. The degree of Hourly Services rendered, the standards of
performance and other matters relating to regulations and policies shall remain under the
control of Brooklyn Park. The Hourly Services rendered under this Agreement shall be
performed at the City offices of Brooklyn Park, except for required on-site inspections or
as otherwise specifically noted in this Agreement.
5. Personnel, Employees of Brooklyn Park. Any employee assigned by Brooklyn Park to
perform the Hourly Services pursuant to this Agreement shall remain the exclusive
employee of Brooklyn Park. Crystal shall not assume any liability and shall not be
responsible for the direct payment of any salary, wage, workers’ compensation, income
tax withholding, PERA withholding tax and health insurance or any other type of
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compensation to any Brooklyn Park employee for performing the Hourly Services
pursuant to this Agreement.
6. Communications, Equipment and Supplies. With the exception of environmental health
emergency services, Brooklyn Park shall be responsible for the costs of providing any
necessary supplies, equipment and vehicles for the Brooklyn Park Code Enforcement &
Public Health Manager and his or her designees in performance of the Hourly Services.
In the event that there are any supplies that must be specially printed for Crystal such as
permits, licenses, forms, etc., Crystal shall be responsible for purchasing these supplies.
7. Indemnification. Brooklyn Park agrees to defend, indemnify and hold harmless Crystal
and its officials, agents and employees from and against all claims, actions, damages,
losses, liabilities or expenses, including attorneys’ fees arising out of or resulting from
Brooklyn Park’s performance of the Hourly Services pursuant to this Agreement. Crystal
agrees to defend, indemnify and hold harmless Brooklyn Park and its officials, agents and
employees from and against all claims, actions, damages, losses, liabilities or expenses,
including attorneys’ fees arising out of or resulting from Crystal’s performance of its
duties required under this Agreement. Nothing herein shall be deemed a waiver by either
party of the limitations on liability set forth in Minnesota Statutes Chapter 466.
8. Insurance. During the entire term of this Agreement, Crystal shall maintain
comprehensive general liability insurance in amounts sufficient to cover the maximum
liability limits provided by state law, in order to protect Crystal and Brooklyn Park from
liability, which arises directly or indirectly from the provision of the Hourly Services
pursuant to this Agreement. This insurance shall include coverage of Crystal’s
indemnification obligation in paragraph 7 above.
9. Severability. In the case any one or more of the provisions contained in this Agreement
shall be declared invalid, illegal or unenforceable in any respect, the validity, legality and
enforceability of the remaining provisions contained in this Agreement and any other
application of this Agreement shall not in any way be affected or impaired.
10. Notices. All notices required by this Agreement shall be in written form and shall be
delivered to the respective City Manager. Notice may be made by personal delivery,
facsimile or U.S. Mail.
11. No Partnership. It is agreed that nothing herein contained is intended or should be
construed in any manner as creating or establishing the relationship of co-partners
between the parties hereto or as constituting the persons employed by Brooklyn Park as
the agent, representative or employee of Crystal for any purpose or in any manner
whatsoever. Brooklyn Park is to be and shall remain an independent contractor with
respect to all services performed under this Agreement.
12. Entire Agreement. This Agreement represents the entire Agreement between Crystal and
Brooklyn Park and supersedes and cancels any and all prior agreements or proposals,
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written or oral, between the parties relating to the subject matter hereof, any amendments,
addenda, alterations, or modifications to the terms and conditions of this Agreement shall
be in writing and signed by both parties.
13. Term of Agreement. Notwithstanding the date of execution, this Agreement shall be
effective on January 1, 2017 and shall terminate on December 31, 2017. This Agreement
may be renewed for additional one year terms by mutual agreement of the parties. Either
party may terminate this Agreement without cause upon 180 days’ prior written notice to
the other party. In the event of termination of the Agreement by either party, Crystal shall
be responsible for payment of a prorated amount of the quarterly Annual Fee for any
Hourly Services rendered by Brooklyn Park after the termination date which are
necessarily incurred in order to complete work begun prior to the termination date.
14. Counterparts. This Agreement may be simultaneously executed in any number of
counterparts, all of which shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties have set forth their hands on the day and year
first written above.
CITY OF BROOKLYN PARK
By: _________________________
Jeffrey Lunde
Its: Mayor
By: _________________________
Jay Stroebel
Its: City Manager
CITY OF CRYSTAL
By: __________________________
Jim Adams
Its: Mayor
By:__________________________
Anne Norris
Its: City Manager
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EXHIBIT A
The following Crystal City Code provisions shall be applicable to the Hourly Services being
provided by Brooklyn Park pursuant to this Agreement:
Section 425 – Property Maintenance Code (applicable sections; e.g., unsanitary conditions)
Section 605 – Garbage and Refuse
Section 620 – Steam Baths, Public Restrooms (includes Tanning Facilities)
Section 645 – Noise Control
Section 670 – Clandestine Drug Lab Site
Section 1195 – Therapeutic Massage
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MEMORANDUM
DATE: December 12, 2016
TO: Mayor and City Council
FROM: Kim Therres, Assistant City Manager/Human Resources Manager
Anne Norris, City Manager
RE: IUOE, Local 49 (Public Works) 2017- 2018 Labor Agreement
PURPOSE
To request City Council approval of the 2017 - 2018 International Union of Operating Engineers, Local
#49 Labor Agreement.
BACKGROUND
The following are the proposed changes in the 2017 -2018 contract:
1. Duration: 2 year, 2017 - 2018
2. Wages: 2.5% wage adjustment and a $0.50 market adjustment for 2017
2.5% wage adjustment and a $0.50 market adjustment for 2018
Language clean up to remove appendix reference and remove Appendix A-1, A-2, and A-3
New employees
New employees may start at a wage rate equal to eighty percent (80%) of the contract rate for the
job classification into which the employee is hired for the employee’s first six months. After six
months, this rate will increase to eighty-five percent (85%). After successful completion of the
probationary period, this rate will then increase to ninety percent (90%) of the contract rate.
After two years of employment, this rate will then increase to ninety-five percent (95%) of the
contract rate. Prior to moving to the 100 percent base rate of pay, the new employee must meet
the full qualifications of the position to which they were hired. Failure to meet full qualifications
(refer to Appendix) of the position may result in demotion or termination. After three years, the
new employee, after meeting full qualifications of the position, will then move to the contract
rate.
6.13
3. Insurance: (Employer Contribution)
2017 (Employer Contribution):
2016
Employer
Contribution
Towards
Premium
2017
Monthly
Premium
$30 Copay
2017
Monthly
Premium
$30 Copay w/
90/10 % Coins.
2017
Monthly
Premium
HDHP w/HSA
2017
Employer
Contribution
Towards
Premium
Employee Single $890.50 $817.00 $778.00 $539.50 $778.00
Employee +
Spouse
$1,220.00 $1,714.50 $1,633.00 $1,132.00 $1,132.00
Employee +
Child(ren)
$1,220.00 $1,633.00 $1,555.50 $1,078.00 $1,078.00
Family $1,595.00 $2,122.50 $2,021.50 $1,401.00 $1,401.00
Re-opener for 2018
4. Severance: Language clean up
Employees terminating their employment with the City after December 31, 1982 with ten (10)
years or more of continuous service, except employees who are discharged for cause, will be
paid forty percent (40%) of the employee’s accumulated sick leave to a maximum cap of 960
hours. Employees who have accumulated more than 960 hours of sick leave on April 17, 1990
will be capped at their existing amount, however, if such employee uses and falls below the
existing amount, their cap will be adjusted to the maximum amount of 960 hours, whichever is
greater. Once an employee originally capped at a higher rate falls below 960 hours, their
maximum cap will be 960 hours.
The language is no longer needed.
Attached is a signed copy of the contract. The union has signed the agreement.
FINANCIAL IMPLICATIONS
The 2017 adopted budget includes sufficient funds for the proposed settlement. This settlement is
consistent with the wages and benefit adjustments for Local 44 (Police Officers) and non-represented in
2017. The settlement is also consistent with wage settlements of other metro area cities.
COUNCIL ACTION REQUESTED
Approval of the 2017- 2018 proposed contract with International Union of Operating Engineers, Local
#49 and authorize the Mayor and City Manager to sign the contract.
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WHEREAS, Laura Libby has served on the City Council since January 2013; and
WHEREAS, during her Council tenure, Laura Libby has served as Council liaison to
the Human Rights and Planning Commissions; and
WHEREAS, during her tenure, Laura Libby has served as the Economic Development
Authority’s Secretary; and
WHEREAS, Laura Libby advocated that all sides of an issue be heard and that public
meetings be accessible to all; and
WHEREAS, Laura Libby has been a committed council member, acting in the best
interest of the community.
NOW, THEREFORE, BE IT RESOLVED by the Crystal City Council that Council
Member Laura Libby:
Is thanked and commended for her public service to the City of Crystal; and
Will be missed for her commitment to the Crystal community.
Adopted this 20th day of December, 2016.
Jim Adams, Mayor Casey Peak, Council Member
Jeff Kolb, Council Member Elizabeth Dahl, Council Member
______________________________
Julie Deshler, Council Member Olga Parsons, Council Member
ATTEST:
Christina Serres, City Clerk
CITY OF CRYSTAL
RESOLUTION NO. 2016 -
COMMENDING COUNCIL MEMBER LAURA LIBBY
6.15
WHEREAS, Casey Peak has served on the City Council since January 2013; and
WHEREAS, during his Council tenure, Casey Peak has served as Council liaison to
the Planning Commission; and
WHEREAS, during his tenure, Casey Peak has served as the Economic Development
Authority’s President and Treasurer; and
WHEREAS, Casey Peak was one of the driving forces behind creation of the Crystal
Community Outreach Task Force; and
WHEREAS, Casey Peak has been a committed councilmember, dedicated to serving
constituents and acting in the best interest of the community.
NOW, THEREFORE, BE IT RESOLVED by the Crystal City Council that Council
Member Casey Peak:
Is thanked and commended for his public service to the City of Crystal; and
Will be missed for his commitment to the Crystal community and his dedicated
public service.
Adopted this 20th day of December, 2016.
Jim Adams, Mayor Laura Libby, Council Member
Jeff Kolb, Council Member Elizabeth Dahl, Council Member
______________________________
Julie Deshler, Council Member Olga Parsons, Council Member
ATTEST:
Christina Serres, City Clerk
CITY OF CRYSTAL
RESOLUTION NO. 2016 -
COMMENDING COUNCIL MEMBER CASEY PEAK
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ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF CRYSTAL
HENNEPIN COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 2016-__
A RESOLUTION OF SUPPORT FOR AND ACCEPTANCE OF A
TRANSIT ORIENTED DEVELOPMENT GRANT FROM HENNEPIN COUNTY
FOR BASS LAKE ROAD STREETSCAPE IMPROVEMENTS
WHEREAS, the City of Crystal participated in Hennepin County’s Bass Lake Road
Station Area Planning Process in 2015-2016; and
WHEREAS, improvements to the Bass Lake Road streetscape were enthusiastically
embraced by the community, and the Economic Development Authority of the City of
Crystal (the “EDA”) desires to proceed with said improvements; and
WHEREAS, the EDA is in need of funding assistance from Hennepin County’s Transit
Oriented Development grant program to supplement funds budgeted for the
improvements in 2017; and
WHEREAS, on December 13, 2016 the Hennepin County Housing and Redevelopment
Authority awarded the EDA a $200,000 grant for these improvements.
NOW, THEREFORE BE IT RESOLVED that, in accordance with Minnesota Statutes §
383B.77, subd. 3., the EDA supports the Transit Oriented Development grant
application submitted to the Hennepin County Housing and Redevelopment Authority on
October 6, 2016.
BE IT FURTHER RESOLVED that the EDA authorizes the execution of a grant
agreement and other documents necessary to accept the Transit Oriented Development
grant.
BE IT FURTHER RESOLVED that the EDA authorizes staff to proceed with detailed
design and engineering work for said improvements.
Adopted by the Board of the EDA this 20 th day of December, 2016.
____________________________________
Casey Peak, President
____________________________________
Anne Norris, Executive Director
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_____________________________________________________________________
FROM: John Sutter, Community Development Director
_____________________________________________________________________
DATE: December 15, 2016
TO: Anne Norris, City Manager (for December 20 EDA meeting)
SUBJECT: Consider modifications to the 2017 contracts for the Housing
Resource Center and Home Improvement Rebate
At its December 6 meeting the EDA approved 2017 contracts with Greater Metropolitan
Housing Corporation (GMHC) for the Housing Resource Center and Home
Improvement Rebate program.
At its meeting on December 14 the GMHC board also approved these contracts with
the stipulation that either party may terminate them without cause with one month’s
notice. GMHC is requiring this provision because there are other partners in support of
the Housing Resource Center, primarily the City of Minneapolis, who have not yet
formally committed for 2017. Staff opinion is that a month-to-month provision is
reasonable given the fluidity of the situation. Also, the EDA would gain the option of
terminating the contracts before the end of 2017, should it desire to do so.
The EDA would be invoiced monthly at a rate of $1,250 for Housing Resource Center
support and $3,000 for administration of the Home Improvement Incentive Rebate
program. As discussed on December 6, the overall budget amount does not change:
2016 Adopted Budget and Contracts 2017 Adopted Budget and Contracts
$ 34,800 Admin/Gen Support $ 51,000 Admin/Gen Support
(15,000/year for HRC (1,250/month for HRC
support plus up to 19,800 support plus 3,000/month
/year for rebate admin) for rebate admin
$205,000 Homeowner Assistance $188,800 Homeowner Assistance
(up to 180,000 for rebates (up to 163,800 for rebates
plus 25,000 for CFUF plus 25,000 for CFUF
interest write-down) interest write-down)
$239,800 2016 Total Budget $239,800 2017 Total Budget
Staff recommends EDA approval of a motion authorizing the addition of month-to-
month language to both contracts for 2017. The contracts will otherwise be the same
as those approved on December 6.
EDA STAFF REPORT
Housing Resource Center and
Home Improvement Rebate Program
PROPOSED CHANGES TO 2017 HOUSING RESOURCE CENTER CONTRACT SINCE 12/6/2016:
PROPOSED ADDITION TO 2017 HOME IMPROVEMENT REBATE CONTRACT SINCE 12/6/2016: