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2017.01.17 Council Meeting Packet Posted: Jan. 13, 2017 City Council Meeting Schedule Jan. 17, 2017 Time Type of meeting Location 6 p.m. Citizen Input Time Conference Room A 6:30 p.m. Council work session to discuss: • Constituent issues update • City manager monthly check-in • New business • Announcements Conference Room A 7 p.m. City Council 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: Jan. 13, 2017 City Council Work Session Agenda Jan. 17, 2017 6:30 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 Jan. 17, 2017 in Conference Room A at City Hall, 4141 Douglas Dr. N., Crystal, Minnesota. I. Attendance Council members Staff ____ Budziszewski ____ Norris ____ Dahl ____ Therres ____ Deshler ____ Revering ____ Kolb ____ Gilchrist ____ LaRoche ____ Serres ____ Parsons ____ Adams II. Agenda The purpose of the work session is to discuss the following agenda items: 1. Constituent issues update 2. City manager monthly check-in 3. New business* 4. Announcements* * Denotes no supporting information included in the packet. 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 CITY MANAGER WORK PLAN MONTHLY CHECK IN – JANUARY 2017 Goals: - Operational planning to be sure staff work plans achieve Council priorities o Monthly check in with Council o Constituent Issues – prompt response and resolution – on-going (1 outstanding issue on hold until spring 2017) o Updated city manager goals and City Council goals to be reviewed 1/12/17 - Advocacy on Council policies o Include staff recommendations on staff reports - Budget Financial Management – continue work towards fiscally sound and stable financial policies and practices o Long term financial planning:  Pool bonds called  Last phase of street and alley reconstruction using special assessments o 2017 budget approved - Strategic leadership for achievement of Council goals o Thriving Business Climate  City Code Review Task Force has completed its review; staff now doing internal review for presentation of proposed changes to City Council (Chapter 6 reviewed 1/3/17)  EDA created working group for opportunity areas – meeting 1/22 o Create Strong Neighborhoods  Community Outreach Task Force established and members appointed – Crystal Ball (3/18) planning in progress  Bassett Creek regional bike trail in progress  Master park planning underway with consultant  Railroad Quiet Zones –Council hired consultant to proceed with quiet zones  Phase 16 street reconstruction and last phase of alley reconstruction underway o Fiscally sound and stable policies and procedures – see above City Council Meeting Agenda Jan. 17, 2017 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 Jan. 3, 2017. 3.2 The regular City Council work session from Jan. 3, 2017. 3.3 The regular City Council work session from Jan. 12, 2017. 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. $20 from a Crystal citizen for Crystal Police Shop with a Cop program. b. $1,560.74 from Crystal Crime Prevention Board to Crystal Police K-9 Unit (proceeds are from the Run for Rocco fundraiser that occurred in September 2016). c. $1,000 from Crystal Lions Club for Crystal Recreation (bands in the parks). d. $200 from Steven Lundeen and L. Zwack to Crystal Community Center in memory of LaVeta Zwack. e. $500 from Paster Properties for the 2016 Crystal employee holiday party. f. $25 from R. L. Swanson to Crystal Community Center in memory of LaVeta Zwack. g. $228.21 from various individuals to the Crystal K-9 Unit. 4.3 Approval of a resolution adopting Council rules. 4.4 Approval of a resolution amending the city’s investment policy. 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Crystal City Council Meeting Agenda Jan. 17, 2017 Page 2 of 4 4.5 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 Jan. 18 – Dec. 31, 2017, offering free estimates and scheduling appointments for home improvement projects. 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. Public Hearing 6.1 The Mayor will open a public hearing to receive comment and consider a new off-sale liquor license for Binge Time Marketing Corporation d/b/a Lube Liquor located at 5924 West Broadway. The liquor store at 5924 West Broadway has been purchased by a new operator, Binge Time Marketing. All the necessary paperwork and the background have been completed. After receiving comments during the public hearing, recommend approval of the off-sale liquor license for 5924 West Broadway. 7. Regular Agenda 7.1 The Council will consider approval of disbursements over $25,000 submitted by the finance department to the city council, a list that is on file in the office of the finance department. Recommend approval of disbursements over $25,000. 7.2 The Council will consider a resolution for a conditional use permit for extended hours of operation at 5924 West Broadway (Binge Time Marketing d/b/a Lube Liquor). The new owner of the liquor store at 5924 West Broadway is requesting a conditional use permit to extend the operating hours of the store, to 10 p.m. The Planning Commission held a public hearing on the requested conditional use permit at its January 9 meeting and recommended approval of the permit contingent upon the conditions outlined in the staff report. Crystal City Council Meeting Agenda Jan. 17, 2017 Page 3 of 4 7.3 The Council will consider a resolution for a conditional use permit for outdoor s torage at 3300 Winpark Drive (Radius Track). Radius Track Corporation is requesting a conditional use permit to allow outdoor storage at 3300 Winpark Drive. The property is zoned I-1, Light Industrial, and the principal use, a framing solution fabrication operation, is a permitted use in this district. Radius Track is proposing a 7,000 square foot outdoor storage area on the north side of the building for material storage. The Planning Commission held a public hearing on the requested conditional use permit at its January 9 meeting and recommended approval of the permit contingent upon the conditions outlined in the staff report. 7.4 The Council will consider second reading and adoption of an ordinance establishing the Parks and Recreation Commission. As part of the City Code review, changes were made to Chapter 3 requiring the City Council to establish specific commissions by ordinance. The Council approved the first reading of the ordinance establishing the Parks and Recreation Commission at its December 20 meeting. Recommend approval of the second reading of the ordinance establishing the Parks and Recreation Commission. 7.5 The Council will consider second reading and adoption of an ordinance establishing the Environmental Quality Commission and a resolution approving summary language for publication. As part of the City Code review, changes were made to Chapter 3 requiring the City Council to establish specific commissions by ordinance. The Council approved the first reading of the ordinance establishing the Environmental Quality Commission at its December 20 meeting. Recommend approval of the second reading of the ordinance establishing the Environmental Quality Commission and a resolution approving summary language for publication establishing both the Environmental Quality and Parks and Recreation Commission. 7.6 The Council will consider a resolution to establish parking restrictions on portions of Regent Avenue and 58th Avenue (Phase 16). Regent and 58th Avenues are State Aid roads and are in Phase 16 of street reconstruction (Skyway neighborhood). Information regarding proposed parking restrictions on these streets has been included in letters sent and information provided to properties in the project area. Recommend approval of the resolution establishing parking restrictions on Regent and 58th Avenues. Crystal City Council Meeting Agenda Jan. 17, 2017 Page 4 of 4 8. Announcements a. Crystal Business Association meets Jan. 18 at 8:30 a.m. at New Hope YMCA. b. Coffee with a Cop is Jan. 24 from 10 – 11:30 a.m. at Cedarwood Apartment Complex Community Room. c. The Civil Air Patrol is having a fundraiser at Crystal Broadway Pizza on Jan. 26 from 11 a.m. – 11 p.m. d. Quad Cities Beyond the Yellow Ribbon bowling fundraiser is Jan. 29 at Doyle’s Bowling and Lounge beginning at 10:30 a.m. e. The next city council meeting is Feb. 7 at 7 p.m. in the Council Chambers at City Hall. f. The next Citizen Input Time is Feb. 21 at 6 p.m. in Conference Room A at City Hall. g. 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. h. 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 9. Adjournment 10. Jan. 17, 2017 Meeting Schedule Time Type of meeting Location 6 p.m. Citizen Input Time Conference Room A 6:30 p.m. Council work session to discuss:  Constituent issues update  City manager monthly check-in  New business*  Announcements* Conference Room A 7 p.m. City Council meeting Council Chambers * Denotes no supporting information included in the packet. Have a great weekend – City offices are closed on Monday, January 16 in observance of the Martin Luther King, Jr. Day holiday. See you at Tuesday’s meeting. City Council meeting minutes Jan. 3, 2017 Page 1 of 10 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 Jan. 3, 2017 at 7:01 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: Council members present: Adams, Budziszewski, Dahl, Deshler, Kolb, LaRoche and Parsons. City staff present: City Manager A. Norris, City Attorney T. Gilchrist, Assistant City Manager/Human Resources Manager K. Therres, Recreation Director J. Elholm, Public Works Director/City Engineer M. Ray, Community Development Director J. Sutter, Police Chief S. Revering, Fire Chief S. Larson and City Clerk C. Serres. Pledge of Allegiance Mayor Adams led the Council and audience in the Pledge of Allegiance. 2. Oath of Office The city clerk administered the oath of office to newly-elected council members Jim Adams (Mayor), Nancy LaRoche (Section I), John Budziszewski (Ward 3) and Julie Deshler (Ward 4). 3. Approval of Agenda The Council considered approval of the agenda. Council Member Budziszewski moved to add an item to the agenda. After discussion, no action was taken on the motion per the council rules. Moved by Council Member Kolb and seconded by Council Member Deshler to approve the agenda, noting the following change: move Consent Agenda item 6.4 to the beginning of the Regular Agenda. By roll call and voting aye: Adams, Dahl, Deshler, Kolb, LaRoche and Parsons. Voting nay: Budziszewski. Motion carried 6-1. 4141 Douglas Dr. N., Crystal, MN 55422-1696 763-531-1000 • Fax: 763-531-1188 • www.crystalmn.gov 3.1 City Council meeting minutes Jan. 3, 2017 Page 2 of 10 4. Appearances 4.1 West Metro Fire Auxiliary President Wendy Grimes addressed the Council and announced the following 2016 Crystal Sparkles contest award winners:  First place winner – Deb Walk, 6611 44th Ave. N.  Second place winners – David and Carol Oyaas, 5526 Perry Ave. N. 5. City Council Meeting Minutes The Council considered the minutes from the following meetings in a single motion: 5.1 The regular City Council meeting from Dec. 20, 2016. 5.2 The regular City Council work session from Dec. 20, 2016. Moved by Council Member Dahl and seconded by Council Member Parsons to approve the above minutes in a single motion, with the following amendment: change the date of second readings for Ordinance Nos. 2016-07 and 2016-08 from Jan. 3 to Jan. 17. Motion carried. 6. Consent Agenda The Council considered the following items, which are routine and non-controversial in nature, in a single motion: 6.1 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. 6.2 Approval of Resolution No. 2017-01, accepting the following donation: a. $ 17,500 from West Metro-Fire Rescue Relief Association for Crystal K-9 Unit. 6.3 Approval of designating the Sun Post as the primary legal newspaper and the Star Tribune as the secondary legal newspaper for the City of Crystal in 2017. 6.4 Approval of a resolution appointing the firm BerganKDV for auditing services for the 2016 financial statements. 6.5 Approval of the annual city appointments for 2017: a. Hennepin County Recycling Group: City Manager Anne Norris. b. Local Government Information Systems Association (LOGIS) Board Member and alternate: City Manager Anne Norris and Assistant City Manager Kim Therres. c. Northwest Suburbs Cable Communications Commission members: Council Member Julie Deshler and City Manager Anne Norris. 3.1 City Council meeting minutes Jan. 3, 2017 Page 3 of 10 d. Pets Under Police Security (PUPS) Board Member and alternate: Deputy Chief Doug Leslin and Police Chief Stephanie Revering. Moved by Council Member Parsons and seconded by Council Member Deshler to approve the consent agenda, but move item #6.4 to the beginning of the regular agenda. Motion carried. 7. Open Forum The following person addressed the Council: • Janet Moore, 4700 Orchard Ave. N., regarding the use of salt on streets and sidewalks. 8. Regular Agenda 8.1 The Council considered approval of a resolution appointing the firm BerganKDV for auditing services for the 2016 financial statements. 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. 2017 – 02 RESOLUTION APPROVING THE FIRM OF BERGANKDV FOR AUDITING SERVICES FOR THE 2016 FINANCIAL STATEMENTS Voting aye: Adams, Budziszewski, Dahl, Deshler, Kolb, LaRoche and Parsons. Motion carried, resolution declared adopted. 8.2 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 office of 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, Budziszewski, Dahl, Deshler, Kolb, LaRoche and Parsons. Motion carried. 8.3 The Council considered a resolution designating Wells Fargo Bank, N.A. (Crystal branch) as the city’s official depository for the year 2017. City Manager A. Norris addressed the Council. 3.1 City Council meeting minutes Jan. 3, 2017 Page 4 of 10 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. 2017 – 03 RESOLUTION DESIGNATING WELLS FARGO BANK, N.A. – CRYSTAL BRANCH AS THE CITY’S OFFICIAL DEPOSITORY, WELLS FARGO SECURITIES, RBS DAIN RAUSCHER AND WELLS FARGO ADVISORY AS INVESTMENT BROKERS AND WELLS FARGO BORKERAGE SERVICES FOR SAFEKEEPING OF INVESTMENT SECURITIES FOR THE YEAR 2017 Voting aye: Adams, Dahl, Deshler, Kolb, LaRoche and Parsons. Council Member Budziszewski recused himself from the vote because he works in the industry. Motion carried, resolution declared adopted. 8.4 The Council considered annual council appointments for 2017: a. Mayor Pro Tem: Julie Deshler. b. Council liaison to Environmental Quality Commission: Nancy LaRoche. c. Council liaison to Parks and Recreation Commission: Olga Parsons. d. Council liaison to Planning Commission: John Budziszewski. e. Council representative to the Quad Cities Beyond the Yellow Ribbon Committee: Julie Deshler. Moved by Council Member Budziszewski to table the appointments until after the next work session and to bring this item to the following council meeting. The motion failed for lack of a second. Moved by Mayor Adams and seconded by Council Member Parsons to approve the above annual council appointments for 2017. By roll call and voting aye: Adams, Dahl, Deshler, Kolb, LaRoche and Parsons. Voting nay: Budziszewski. Motion carried 6-1. 8.5 The Council considered a resolution to authorize purchase of three squad cars. Police Chief S. Revering addressed the Council. Moved by Council Member Parsons and seconded by Council Member Budziszewski to adopt the following resolution, the reading of which was dispensed with by unanimous consent: 3.1 City Council meeting minutes Jan. 3, 2017 Page 5 of 10 RESOLUTION NO. 2017 – 04 RESOLUTION APPROVING POLICE EQUIPMENT REVOLVING FUND EXPENDITURE FOR PURCHASE OF THREE POLICE PATROL UTILITY VEHICLES (Squad #s: 200, 204, 208) Voting aye: Adams, Budziszewski, Dahl, Deshler, Kolb, LaRoche and Parsons. Motion carried, resolution declared adopted. 8.6 The Council considered a resolution to authorize purchase of three mobile data tablets. Police Chief S. Revering addressed the Council. Moved by Council Member Budziszewski and seconded by Council Member Deshler to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2017 – 05 RESOLUTION AUTHORIZING PURCHASE OF THREE MOBILE DATA TABLETS (MDTs) Voting aye: Adams, Budziszewski, Dahl, Deshler, Kolb, LaRoche and Parsons. Motion carried, resolution declared adopted. 8.7 The Council considered a resolution to authorize purchase of two mobile radar units. Police Chief S. Revering addressed the Council. Moved by Council Member Deshler and seconded by Council Member LaRoche to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2017 – 06 RESOLUTION AUTHORIZING PURCHASE OF TWO MOBILE RADAR UNITS Voting aye: Adams, Budziszewski, Dahl, Deshler, Kolb, LaRoche and Parsons. Motion carried, resolution declared adopted. 8.8 The Council considered a resolution to authorize purchase of two in-squad digital video units. Police Chief S. Revering addressed the Council. 3.1 City Council meeting minutes Jan. 3, 2017 Page 6 of 10 Moved by Council Member Budziszewski and seconded by Council Member Dahl to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2017 – 07 RESOLUTION APPROVING POLICE EQUIPMENT REVOLVING FUND EXPENDITURE FOR PURCHASE OF TWO IN-SQUAD VIDEO SYSTEMS Voting aye: Adams, Budziszewski, Dahl, Deshler, Kolb, LaRoche and Parsons. Motion carried, resolution declared adopted. 8.9 The Council considered a resolution to authorize the updating of office space at the Crystal Community Center. Recreation Director J. Elholm addressed the Council. Moved by Council Member LaRoche and seconded by Council Member Parsons to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2017 – 08 APPROVING RENOVATION OF OFFICE SPACE AT THE CRYSTAL COMMUNITY CENTER Voting aye: Adams, Budziszewski, Dahl, Deshler, Kolb, LaRoche and Parsons. Motion carried, resolution declared adopted. 8.10 The Council considered a resolution to authorize the purchase of a utilities pick-up truck. Public Works Director/City Engineer M. Ray addressed the Council. Moved by Council Member Kolb and seconded by Council Member Budziszewski to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2017 – 09 APPROVING THE PURCHASE OF A UTILITY TRUCK Voting aye: Adams, Budziszewski, Dahl, Deshler, Kolb, LaRoche and Parsons. Motion carried, resolution declared adopted. 3.1 City Council meeting minutes Jan. 3, 2017 Page 7 of 10 8.11 The Council considered a resolution to authorize the purchase of a replacement vacuum excavator. Public Works Director/City Engineer M. Ray addressed the Council. Moved by Council Member Budziszewski and seconded by Council Member LaRoche to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2017 – 10 APPROVING THE PURCHASE OF A VACUUM EXCAVATOR Voting aye: Adams, Budziszewski, Dahl, Deshler, Kolb, LaRoche and Parsons. Motion carried, resolution declared adopted. 8.12 The Council considered a resolution to authorize the purchase of a street sweeper. Public Works Director/City Engineer M. Ray addressed the Council. Moved by Council Member LaRoche and seconded by Council Member Dahl to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2017 – 11 APPROVING THE PURCHASE OF A STREET SWEEPER Voting aye: Adams, Budziszewski, Dahl, Deshler, Kolb, LaRoche and Parsons. Motion carried, resolution declared adopted. 8.13 The Council considered a resolution to authorize the purchase of a color printer. Public Works Director/City Engineer M. Ray addressed the Council. Moved by Council Member LaRoche and seconded by Council Member Deshler to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2017 – 12 APPROVING THE PURCHASE OF A LARGE COLOR PRINTER Voting aye: Adams, Budziszewski, Dahl, Deshler, Kolb, LaRoche and Parsons. Motion carried, resolution declared adopted. 3.1 City Council meeting minutes Jan. 3, 2017 Page 8 of 10 8.14 The Council considered a resolution to authorize the purchase of a streets hook truck. Public Works Director/City Engineer M. Ray addressed 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. 2017 – 13 APPROVING THE PURCHASE OF A STREETS HOOK TRUCK Voting aye: Adams, Budziszewski, Dahl, Deshler, Kolb, LaRoche and Parsons. Motion carried, resolution declared adopted. 8.15 The Council considered a resolution to authorize the purchase of a parks hook truck. Public Works Director/City Engineer M. Ray addressed the Council. Moved by Council Member LaRoche and seconded by Council Member Deshler to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2017 – 14 APPROVING THE PURCHASE OF A PARKS HOOK TRUCK Voting aye: Adams, Budziszewski, Dahl, Deshler, Kolb, LaRoche and Parsons. Motion carried, resolution declared adopted. 8.16 The Council considered a resolution to authorize the purchase of a parks loader. Public Works Director/City Engineer M. Ray addressed the Council. Moved by Council Member Deshler and seconded by Council Member LaRoche to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2017 – 15 APPROVING THE PURCHASE OF A PARKS LOADER Voting aye: Adams, Budziszewski, Dahl, Deshler, Kolb, LaRoche and Parsons. Motion carried, resolution declared adopted. 3.1 City Council meeting minutes Jan. 3, 2017 Page 9 of 10 8.17 The Council considered a resolution to establish parking restrictions on portions of Regent Avenue and 58th Avenue. Public Works Director/City Engineer M. Ray addressed the Council. Moved by Council Member Deshler and seconded by Council Member Parsons to table this item and place it on the agenda for the Jan. 17, 2017 council meeting. Voting aye: Adams, Budziszewski, Dahl, Deshler, Kolb, LaRoche and Parsons. Motion carried. 8.18 The Council considered a resolution appointing Jeff Kolb as Crystal Council representative to the West Metro Fire-Rescue District Board of Directors for a two-year term expiring December 31, 2018. City Manager A. Norris addressed 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. 2017 – 16 RESOLUTION APPOINTING A MEMBER TO THE BOARD OF DIRECTORS FOR THE WEST METRO FIRE-RESCUE DISTRICT Voting aye: Adams, Budziszewski, Dahl, Deshler, Kolb, LaRoche and Parsons. Motion carried, resolution declared adopted. 8.19 The Council considered a resolution appointing Gary Laurant as a public representative to the West Metro Fire-Rescue District Board of Directors for a one-year term expiring December 31, 2017. City Manager A. Norris addressed the Council. Moved by Council Member LaRoche and seconded by Council Member Deshler to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2017 – 17 RESOLUTION APPOINTING A PUBLIC REPRESENTATIVE TO THE BOARD OF DIRECTORS FOR 3.1 City Council meeting minutes Jan. 3, 2017 Page 10 of 10 THE WEST METRO FIRE-RESCUE DISTRICT Voting aye: Adams, Budziszewski, Dahl, Deshler, Kolb, LaRoche and Parsons. Motion carried, resolution declared adopted. 9. Announcements The Council made several announcements about upcoming events. 10. Adjournment Moved by Council Member Budziszewski and seconded by Council Member Deshler to adjourn the meeting. Motion carried. The meeting adjourned at 8:13 p.m. ____________________________ Jim Adams, Mayor ATTEST: _________________________________________ Chrissy Serres City Clerk 3.1 City Council work session minutes Jan. 3, 2017 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 6:29 p.m. on Jan. 3, 2017 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: Council members present: Adams, Budziszewski, Dahl, Deshler, Kolb, LaRoche and Parsons. City staff present: City Manager A. Norris, City Attorney T. Gilchrist, Assistant City Manager/Human Resources Manager K. Therres, AEM Financial Solutions President J. McGann, Public Works Director/City Engineer M. Ray, Recreation Director J. Elholm, Police Chief S. Revering and City Clerk C. Serres. II. Agenda The Council and staff discussed the following agenda items: 1. Proposed changes to the city’s investment policy 2. Constituent issues update 3. New business 4. Announcements III. Adjournment The work session adjourned at 6:58 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 Jan. 12, 2017 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 6:33 p.m. on Jan. 12, 2017 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: Council members present: Adams, Budziszewski, Dahl, Deshler, Kolb, LaRoche and Parsons. City staff present: City Manager A. Norris, Assistant City Manager/Human Resources Manager K. Therres, Communications Coordinator M. Peterson, Police Chief S. Revering and City Clerk C. Serres. II. Agenda The Council and staff discussed the following agenda items: 1. Communications update 2. Annual Council Rules review 3. Council salaries 4. City manager 2017 goals III. Adjournment The work session adjourned at 7:52 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 3.3 Page 1 of 2 APPLICATIONS FOR CITY LICENSE January 17, 2017 RENTAL – NEW 5340 Byron Ave N – Byron Bohlsen (Conditional) 3010-3012 Kentucky Ave N – Lauren Merritt (Conditional) 3636 Xenia Ave N – Pro Operam Sub III LLC (Conditional) 6000-6002 36th Ave N – Mark and Debbie Landwehr (Conditional) RENTAL – RENEWAL 3237 Adair Ave N – Peter and Szara Loring 4031-4033 Adair Ave N – James Rolsing (Conditional) 4651 Adair Ave N – Adair Properties LLC (Conditional) 6415 Brentwood Ave N – Broeks Properties 3 LLC (Conditional) 3000 Douglas Dr N – Heathers Manor Operations LLC (Conditional) 3038 Douglas Dr N – John P McGowan 3300 Douglas Dr N – Douglas Terrace Apartments LLC (Conditional) 3320 Douglas Dr N – Douglas Terrace Apartments LLC (Conditional) 5644 Elmhurst Ave N – Gene Posthumus 2956 Florida Ave N – David Foss 3816 Georgia Ave N – C T Alexander and J J Alexander (Conditional) 5924 Idaho Ave N – Andrew and Nicole Fischer 2726-2728 Jersey Ave N – Thomas and Alice Conover (Conditional) 4041 Kentucky Ave N – Reid W Kinde (Conditional) 5737 Kentucky Ave N – Kentucky Villa LLC (Conditional) 3404 Lee Ave N – Delavon LaMoore 5342 Louisiana Ave N – Steven Madore 5413 Maryland Ave N – Ling Feng (Conditional) 6024 Medicine Lake Rd – New Oil Christian Center (Conditional) 5442 Nevada Ave N – DeYung Le 5625 Nevada Ave N – Bachaus Invstt Props LLC (Conditional) 3525 Noble Ave N – C & N Wescoe Bauman (Conditional) 5708 Oregon Ct N – Hung Huynh 5817 Quail Ave N – Dan Schwankl (Conditional) 5525 Regent Ave N – Endura Properties-Crystal (C onditional) 5424 Toledo Ave N – JDA Group LLC 5557 Unity Ave N – Community Involvement Programs 6918 Valley Pl N – Cori Kuehn Holt 3519 Welcome Ave N – Stephen Burson 5840 West Broadway – L Doolittle Knapp (Conditional) 5930/40/50 West Broadway – Jacqueline Schmitz (Conditional) 5750 Yates Ave N – MNSF T2 SPE LLC (Conditional) 3149 Yukon Ave N – Home Share 6511 31st Ave N – Larry Emond 8000 32nd Pl N – IH2 Property Illinois, LP (Conditional) 7009 36th Ave N – Kathryn Hammerseng et al 6716 43rd Ave N – Bobbie Morlock 5625 45th Ave N – John I Morey 5302 49th Ave N – John Pepera (Conditional) 5333 49th Ave N – Joseph Anton 4.1 Page 2 of 2 5013 50th Ave N – Dave Baumann and Todd Havisto 5427 54th Ave N – Joshua Brod (Conditional) 6315 55th Ave N – Lang Nelson & Associates TOBACCO Binge Time Marketing Corp dba Lube Liquor 5924 West Broadway, Crystal, MN 55428 TREE TRIMMER Aaspen Tree Service 970 Wayzata Blvd W Wayzata, MN 55391 Arbor Design Tree Service Inc P O Box 290298 Brooklyn Center, MN 55429 Bartlett Tree Experts 2724 Fernbrook Lane N Plymouth, MN 55447 Midwest Tree Experts PO Box 61 Chaska, MN 55318 Minnesota Tree Experts 7527 Oliver Ave N Brooklyn Park, MN 55444 North Star Tree Care Inc 11951 Lake Rd Peirz, MN 56364 Northeast Tree Inc 2124 Marshall St NE Suite 3 Minneapolis, MN 55418 Precision Landscape & Tree 50 S. Owasso Blvd E Little Canada, MN 55117 Premier Tree Service Inc 8588 260th Ave Pierz, MN 56364 Western Tree Service Inc 23712 150th Street Paynesville, MN 56362 4.1 CITY OF CRYSTAL RESOLUTION NO. 2017 - RESOLUTION ACCEPTING DONATIONS FROM CRYSTAL CRIME PREVENTION BOARD, CRYSTAL LIONS CLUB, STEVE LUNDEEN AND L. ZWACK, PASTER PROPERTIES, R.L. SWANSON 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 Crystal citizen Crystal Police - Shop with a Cop $20 Crystal Crime Prevention Board Crystal Police - K-9 Unit $1,560.74 Crystal Lions Club Crystal Recreation - Bands in the parks $1,000 Steve Lundeen and L. Zwack Crystal Recreation - Community Center $200 Paster Properties Crystal employee holiday party - 2016 $500 R.L. Swanson Crystal Recreation - Community Center $25 Various individuals Crystal Police - K-9 Unit $228.21 And BE IT FURTHER RESOLVED that the Crystal City Council sincerely thanks the above-named for their generous donations. Dated: January 17, 2017 By: __________________________ Jim Adams, Mayor ATTEST: __________________________ Chrissy Serres, City Clerk 4.2 4.3 4.3 4.3 4.3 4.3 4.3 4.3 Crystal City Council Rules Revised 1-2017 Crystal City Council Rules of Procedure SECTION 1 AUTHORITY The Charter and City Code of the City of Crystal, MN direct the Council to adopt a set of rules. SECTION 2 MEETINGS 2.1 Meeting Schedule The schedule of regular council meetings is adopted at the end of the prior year in accordance with City Code Section 200 and the City Charter. 2.1.1 Amending Meetinq Schedule The schedule of regular meetings may be amended by resolution. 2.1.2 Special Meetings Any meeting of the council that is not on the regular schedule is a special meeting of the council, and shall be called by the mayor or three councilmembers upon reasonable notice to councilmembers and such other notice as required by law, as prescribed by the City Charter (section 3.01). 2.2 Meeting Agendas The City Manager is authorized to create the agendas for regular and special council meetings. The City Manager will distribute preliminary agendas to the City Council no later than the Thursday preceding the meeting. Agendas and informational material for regular meetings shall be distributed to the Council and posted on the City's website no later than the Friday preceding the meeting. 2.2.1 Agenda Approval Approval of regular and special meeting agendas shall be made during the Approval of Agenda section of the meeting. An item may be removed from the agenda by a majority vote of the members present at the meeting. Urgent or emergency items may be added to the agenda during a meeting by suspending the rules (see 4.3 below). 2.2.2 Regular Agenda Order The regular order of the agenda is as follows: 1) Call To Order 2) Roll Call 3) Pledge of Allegiance 4) Approval of Agenda 5) Proclamations 6) Special Appearances 7) Consent Agenda a) Council meeting minutes 8) Open Forum 9) Public Hearings 10) Regular Agenda a) Reading and approval of disbursements over $25,000 11) Information and Announcements a) Upcoming community events b) Notification of upcoming work sessions and council meetings c) Reminder that work sessions and meetings are recorded and available online 12) Adjournment 2.2.3 Changes to Meeting Order After the agenda has been adopted, the presiding officer may, at his/her discretion, modify the order of the agenda items to secure proper flow of the meeting. For example, a special appearance may be moved to later in the meeting to accommodate a late presenter, or open forum may be moved earlier/later to accommodate participants or facilitation of other business. 2.2.4 Proclamations A Proclamation may be used to call attention to certain events or causes, or to recognize outstanding residents, employees, businesses, or organizations in Crystal. All proclamations shall relate directly to the City of Crystal. Proclamations are issued and signed by the Mayor and do not require a vote from the Council. The City Manager and Mayor shall work together to prepare and schedule proclamations. 2.2.5 Special Appearances The Council may, from time to time, invite guest speakers to address the Council. These may be other elected officials or representatives of community programs. The scheduling of guest speakers is at the discretion of the City Manager and Mayor. Guest speakers shall be limited in time to 10 minutes. 2.2.6 Consent Agenda The consent agenda is for routine and non -controversial items. The items on the consent agenda will be considered in one motion. No items may be placed on the consent agenda that pertain to the direct expenditure of City funds. Any member may request that an item be removed from the consent agenda; this request is not subject to debate and does not require a vote. Items removed from the consent agenda are added to the regular agenda before the first regular agenda item. 2.2.7 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. Under normal order, each person will be allowed three minutes to speak, and no items may be addressed for more than ten minutes. The Mayor may, at his/her discretion as presiding officer, extend the total time allowed for a topic. No Council action may be taken on any items brought before the Council on Open Forum. 2.2.8 Resolutions A Resolution may be used to express City Council policy, direct administrative or legal action, or to make a public statement from the Council (symbolic resolution). Resolutions are passed by majority vote. All symbolic resolutions must directly relate to the business of the City of Crystal. The Council will not issue symbolic resolutions on pending legislation, ballot measures, or any items being discussed by other legislative bodies. 2.2.9 Public Input It is the policy of the Crystal City Council to seek feedback from the community prior to implementing a change in policy. Whenever practical, the Council will schedule an opportunity for public comment on a new policy at the meeting prior to the meeting where a vote will take place. SECTION 3 WORK SESSIONS 3.1 Work Session Schedules The schedule of regular work sessions is adopted at the beginning of the year in accordance with City Code Section 200 and the city Charter. The schedule for work sessions is typically as follows: 3. 1.1 Standing Work Sessions There will be a standing work session immediately following each regularly scheduled council meeting. If there are insufficient agenda items to require a standing work session, it may be cancelled at the discretion of the City Manager. 3.1.2 Additional Work Sessions Additional work sessions are typically scheduled prior to a regularly scheduled council meeting, and/or on the second Thursday of the month. 3.1.3 Budget Work Sessions Budget Work Sessions are typically_scheduled to coincide with the budget process and are dedicated to discussion of formulation of the city budget. 3.1.4 Amending Meeting Schedule The schedule of work sessions may be amended by resolution at a council meeting. 3.1.5 Special Work Sessions Any work session of the council that is not on the regular schedule is a special meeting of the council, and shall be called by the mayor or three councilmembers upon reasonable notice to councilmembers and such other notice as required by law, as prescribed by the City Charter (Section 3.01). 3.2 Work Session Agendas The City Manager is authorized to create the agenda for work sessions. 3.2.1 Agenda Order The regular agenda order is as follows: 1) Regular Agenda Items 2) Constituent Issues Update* 3) New Business* 4) Announcements* *Only at standing work sessions. 3.2.2 Constituent Issues Update At its standing work sessions the Council will receive from the City Manager an update on open constituent issues. This update will be provided in a format mutually agreed upon by the Council and the City Manager. 3.2.3 New Business Any Council member may bring an item up for discussion during the New Business portion of the standing work session. Discussion on each item is limited to three minutes. Upon the agreement of a minimum of two council members the item may be added to the agenda for the next Regular Work Session for further discussion. Upon the agreement of a minimum of three council members the item may be added to the next council meeting agenda. 3.2.4 Announcements This section of the agenda is for Council members and staff to make announcements about upcoming events or meetings, or to preview the agenda for upcoming meetings and work sessions. 3.3 Recording All work sessions shall be audio recorded and the recordings shall be retained on the City's website for a period of two years. SECTION 4 GENERAL 4.1 Adoption of Rules Rules shall be adopted by a resolution requiring an affirmative vote of 5 Council members at the second Regular Council Meeting of each year. If rules are not adopted at this meeting they will be presented at every subsequent meeting until they are adopted. Current rules remain in effect until new rules are adopted. 4.2 Amendment of Rules Once adopted for a calendar year, rules shall not be amended except by resolution requiring an affirmative vote of 6 members. 4.3 Suspension of Rules A rule may be temporarily suspended by an affirmative vote of two-thirds of the members present. The specific reason for suspending the rules must be stated in the motion to suspend, and no business may be transacted except the stated business. 4.4 Motions reduced to writing Pursuant to City Code 200.11 - A motion must be reduced to writing at the request of any member present. Ordinances and resolutions must be presented in writing and read in full before a vote is taken thereon unless the reading is dispensed with by unanimous consent. 4.5 Tie Votes A tie vote results in a lost motion. 4.6 Unanimous Consent Unanimous consent for the dispensing of reading of ordinances and resolutions is assumed unless a member requests a formal reading prior to the vote on the item in question. 4.7 Presiding Officer The mayor is the presiding officer for all meetings and work sessions. In the absence of the mayor, the order or precedence is the Mayor Pro -Tem, the EDA President, the EDA Vice President, the EDA Secretary, and the EDA Treasurer. 4.8 Decorum It is the desire of the Council to conduct Council meetings and work sessions in as informal way as possible to facilitate open and natural discussion of agenda items. Council members are to refrain from personal attacks or off -topic conversation. The presiding officer at Council meetings is responsible for maintaining decorum. 4.9 Vote Count Reference This section indicates the number of votes required to achieve a threshold at various voting strengths. This chart is for illustrative purposes only. The number of votes required on matters identified by law requiring more than a majority vote of a quorum of the City Council will be stated on the agenda. Adopted 1-17-17 Number of Members Present Threshold 7 6 5 4 Three Fourths 6 5 4 3 Two Thirds 5 4 4 3 Majority 4 4 3 3 This chart is for illustrative purposes only. The number of votes required on matters identified by law requiring more than a majority vote of a quorum of the City Council will be stated on the agenda. Adopted 1-17-17 4.4 4.4 4.4 4.4 4.4 4.4 4.4 4.4 4.4 4.4 4.4 MEMORANDUM DATE: Jan. 9, 2017 TO: Crystal City Council City Manager Anne Norris FROM: Administrative Services Coordinator Trudy Tassoni SUBJECT: Solicitor licenses for The Window Store Home Improvements, Inc. The Window Store is requesting three solicitor licenses to go door-to-door in Crystal from Jan. 18 - Dec. 31, 2017, offering free estimates and scheduling appointments for home improvement projects. The applicants are: 1. Riley Havlicek 2. Kristjan Jesmer 3. Alan Wagner All three applicants passed criminal history background checks which were conducted by the Police Department. Council Action Requested As part of the Consent Agenda, please consider approval of the solicitor licenses for the above-named individuals to go door-to-door in Crystal from Jan. 18 - Dec. 31, 2017, offering free estimates and scheduling appointments for home improvement projects. The applications are available for review in the city clerk’s office. COUNCIL STAFF REPORT Consent Agenda: Solicitor Licenses Council Meeting: Jan. 17, 2017 4.5 Page 1 of 1 ___________________________________________________________________ FROM: Chrissy Serres, City Clerk ___________________________________________________________________ DATE: January 11, 2017 TO: Mayor and City Council City Manager Anne Norris CC: Police Chief Stephanie Revering RE: Consider a new off-sale liquor license for Binge Time Marketing Corporation d/b/a Lube Liquor at 5924 West Broadway Avenue 1. Background The applicant, Dave Dubay from Binge Time Marketing Corporation, is requesting approval for a new off-sale liquor license at 5924 West Broadway Avenue. Presently, Maddie’s Discount Liquor operates an off-sale liquor store at the property. Mr. Dubay is proposing to purchase the existing liquor business, lease the building and property and open Lube Liquor in mid-February. 2. Application Review The qualifications of the applicant meet City Code Section 1200 and staff reviewed the liquor license application documents. A background investigation was completed by Crystal Police Department. Police Chief Revering finds no disqualifying criminal history to prohibit issuance of the license. The utility payments and taxes are current for the property. Additionally, Mr. Dubay was provided a copy of the City Code regarding liquor licensing requirements and conditions. Notice of the Jan. 17 public hearing was published in the Crystal/Robbinsdale Sun Post on Jan. 5 and mailed to owners within 500 feet. One comment was received via phone from the owners of 5907 Kentucky Ave. N. The owners would like to see the proposed business operate in the same manner as the existing liquor store and oppose any potential alterations to expand the building or parking lot. Attachments: A. Public hearing notice B. Map identifying public hearing notification area and a list of those property owners 3. Requested Council Action Recommend approval of the new off-sale liquor license for Binge Time Marketing Corporation d/b/a Lube Liquor at 5924 West Broadway Avenue. Upon request, application documents are available for review in the city clerk’s office. COUNCIL STAFF REPORT Public Hearing: Jan. 17, 2017 Council Meeting Off-sale liquor license for Binge Time Marketing Corporation d/b/a Lube Liquor 6.1 CITY OF CRYSTAL NOTICE OF PUBLIC HEARING TO CONSIDER AN OFF-SALE LIQUOR LICENSE AT 5924 WEST BROADWAY Notice is hereby given that the Crystal City Council will hold a public hearing on Jan. 17, 2017 at 7 p.m. in the Council Chambers located at 4141 Douglas Drive N., to consider an off-sale liquor license at 5924 West Broadway submitted by Binge Time Marketing Corporation d/b/a Lube Liquor. Anyone wishing to express a view either in person or in writing will be heard at the public hearing. Auxiliary aids are available for public meetings 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. City Clerk Chrissy Serres 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.ci.crystal.mn.us ATTACHMENT A 6.1 ATTACHMENT B 6.1 511821130074 C A and J K ANDERSON 5931 KENTUCKY AVE N CRYSTAL MN 55428 511821240077 MORRIS T HANSON JR 7408 59TH AVE N CRYSTAL MN 55428 511821240080 ROBERT R SPERLING 7425 SHIRLEY PL N CRYSTAL MN 55428 511821120005 TYLER T TAPELT 7024 60TH AVE N CRYSTAL MN 55428 511821240002 J J and N W SCHMITZ 4982 CHRISTINA CT NAPLES FL 34112 511821240091 SUKHMANI LLC 5753 OREGON CT N CRYSTAL MN 55428 511821120006 LATANYA D BAKER 7000 60TH AVE N CRYSTAL MN 55428 511821130073 ELISA BARAL 5937 KENTUCKY AVE N CRYSTAL MN 55428 511821240020 MERLE J AASE 5841 MARYLAND AVE N CRYSTAL MN 55428 511821240075 BENJAMIN & DIANE BLACKHAWK 7417 SHIRLEY PL N CRYSTAL MN 55428 511821130075 BRETT PETERSON 5925 KENTUCKY AVE N CRYSTAL MN 55428 511821240071 BRYAN S NOHRENBERG 7424 SHIRLEY PL N CRYSTAL MN 55428 511821130072 LINDA J KAMMERER 5943 KENTUCKY AVE NO CRYSTAL MN 55428 511821130002 RYAN L WARD 5862 WEST BROADWAY CRYSTAL MN 55428 511821240031 NANCY C SALLMAN 5840 NEVADA AVE N CRYSTAL MN 55428 511821240003 VIRGINIAN PARTNERS LLC 1287 200TH ST FARMINGTON MN 55024 511821240034 TROY SOLLAND 5857 NEVADA AVE N CRYSTAL MN 55428 511821130003 JEFFERY MICHAEL HESTER 5854 WEST BROADWAY CRYSTAL MN 55428 511821240076 S ARMENDARIZ & S OLSON 7400 59TH AVE N CRYSTAL MN 55428 511821130001 S AHMED & A MOHAMMEDNOR 7041 60TH AVE N CRYSTAL MN 55428 511821130077 BARRY ALAN HALL 5913 KENTUCKY AVE N CRYSTAL MN 55428 511821130068 R SHANMUGAM & N SHANMUGAM 5942 KENTUCKY AVE N CRYSTAL MN 55428 511821120020 BRITTANY R GILLIS 7008 60TH AVE N CRYSTAL MN 55428 511821130065 ERVIN L FRISTAD 5924 KENTUCKY AVE N CRYSTAL MN 55428 511821130062 PATRICIA J HERNANDEZ 5906 KENTUCKY AVE N CRYSTAL MN 55428 511821240033 CHRISTOPHER GERLACH 5856 NEVADA AVE N CRYSTAL MN 55428 511821240072 L TOUSIGNANT & J KURTZ 7416 SHIRLEY PL N CRYSTAL MN 55428 511821240073 GWYN MARIE CAMPBELL 7408 SHIRLEY PL N CRYSTAL MN 55428 511821240019 DAVID INDYKIEWICZ 5849 MARYLAND AVE N CRYSTAL MN 55428 511821130069 ALBERTA B CICCHETTO 5948 KENTUCKY AVE N CRYSTAL MN 55428 ATTACHMENT B 6.1 511821240079 JOHN M & HOLLY L CHECK 5908 OREGON AVE N CRYSTAL MN 55428 511821130076 BRADLEY BRAMSTEDT 5919 KENTUCKY AVE N CRYSTAL MN 55428 511821130064 SAOREATREY YA & THY SOK 5918 KENTUCKY AVE N CRYSTAL MN 55428 511821130004 DEAN A LINDVALL 5846 WEST BROADWAY CRYSTAL MN 55428 511821240006 JOHNNY E BIESEMEYER JR 5833 WEST BROADWAY CRYSTAL MN 55428 511821130066 PATRICIA R JIRON 5930 KENTUCKY AVE N CRYSTAL MN 55428 511821130063 MICHAEL D & KRISTA E LYNCH 5912 KENTUCKY AVE N CRYSTAL MN 55428 511821130103 Z A GRILL & A K ISACKSON 7017 60TH AVE N CRYSTAL MN 55428 511821130067 AARON AND ROBIN VOREIS 4024 KIPLING AVE EDINA MN 55416 511821130079 DENNIS R RUPLE/RIZZA D RUPLE 5901 KENTUCKY AVE N CRYSTAL MN 55428 511821240074 BACHAUS INVESTMENT PROPS LLC 2015 UNITY AVE N GOLDEN VALLEY MN 55422 511821120004 ROBERT S REZNICEK 7032 60TH AVE NO CRYSTAL MN 55428 511821130105 CONNIE BLOOM & EDWARD BLOOM 4489 KANGAS RD HIBBING MN 55746 511821240007 ADAM HARDY 5825 WEST BROADWAY CRYSTAL MN 55428 511821130071 JOHN TARR & KEBEH TARR 5955 KENTUCKY AVE N CRYSTAL MN 55428 511821240018 PHIL AND DAWN ASCHER JOHNSON 5857 MARYLAND AVE N CRYSTAL MN 55428 511821130104 JODI HESSE 7011 59TH AVE N CRYSTAL MN 55428 511821130061 ROBERT P WALSTROM 5900 KENTUCKY AVE N CRYSTAL MN 55428 511821240081 CITY OF CRYSTAL 4141 DOUGLAS DR N CRYSTAL MN 55422 511821240015 DENISE M DOWNEY 5840 MARYLAND AVE N CRYSTAL MN 55428 511821240092 GARRY A & CAROL A GRIMES 7125 59TH AVE N CRYSTAL MN 55428 511821130137 C A RUTLEDGE & B L POLASCHEK 7009 60TH AVE N CRYSTAL MN 55428 511821240032 VIV BENRICK C/O S ARENS 6228 LOUISIANA CT N #324 BROOKLYN PARK MN 55428 511821130078 JON V GROTTE 5907 KENTUCKY AVE NO CRYSTAL MN 55428 511821240005 NICHOLAS W HERTELENDY 5841 WEST BROADWAY CRYSTAL MN 55428 511821240001 LEO D DEANE 7101 60TH AVE N NEW HOPE MN 55428 511821210021 DOUGLAS R RUTLEDGE 7128-60TH AVE NO NEW HOPE MN 55428 511821210038 LAWRENCE J & LOIS A CORBETT 6008 LOUISIANA AVE N NEW HOPE MN 55428 511821210026 THARO LY 7406 60TH AVE N NEW HOPE MN 55428 511821210022 BROADWAY LANEL/GOLLE/HOLMES 4601 EXCELSIOR BLVD #650 ST LOUIS PARK MN 55416 ATTACHMENT B 6.1 511821210039 J G VELAZQUEZ & F MIRANDA 7104 60TH AVE N NEW HOPE MN 55428 511821210025 SCOTT DEHN & LISA BARON 6003 WEST BROADWAY NEW HOPE MN 55428 511821210020 PARK PLACE OFF BROADWAY LLC 7800 METRO PKWY #200 MPLS MN 55425 ATTACHMENT B 6.1 7.1 1 _____________________________________________________________________ FROM: Dan Olson, City Planner DATE: January 12, 2017 TO: Anne Norris, City Manager (for January 17 meeting) SUBJECT: Consider adoption of a resolution approving a conditional use permit to extend the operating hours for a liquor store at 5924 West Broadway Avenue A. BACKGROUND Dave Dubay is proposing a conditional use permit (CUP) to extend the operating hours for a liquor store at 5924 West Broadway Avenue. The property is zoned Neighborhood Commercial (C-1), and a liquor store is a permitted use within that district without the need for Planning Commission or City Council review and approval. However the applicant is proposing an extension to the operating hours that are allowed within the C- 1 district. According to city code section 515.45, Subd. 4 (d), this extension requires the approval of a CUP. Notice of the January 9 public hearing was published in the Sun Post on December 29 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. Distance from adjacent land uses G. Project narrative H. Resolution COUNCIL STAFF REPORT Conditional Use Permit for Dave Dubay 7.2 2 B. PROPOSED CONDITIONAL USE Property History The existing 3,000 square foot building was constructed in 1967 as a “Tom Thumb dairy store” (similar to today’s convenience stores). The property has been used as a liquor store since 1971. The most recent liquor store is Maddie’s Discount Liquor. Comprehensive Plan According to the Comprehensive Plan, the 2030 planned land use for this property is designated as Neighborhood Commercial. The existing and proposed use of this property is consistent with this designation. The redevelopment chapter of the Plan identified this property as a potential redevelopment site: “This area consists of six apartment buildings and a liquor store on West Broadway, plus four houses on 60th Avenue (one of which is in New Hope). This area is embedded in an overwhelmingly residential area, so non- residential uses would probably not be a good fit except perhaps for institutional uses such as churches, schools or care facilities. The ar ea already has a relatively high number of dwelling units, so for redevelopment to be feasible it would probably have to be of a much higher overall density than presently exists. For this reason, the most likely outcome is preservation of the existing uses in more or less their current configuration by continuing to apply the city’s regulatory tools to ensure maintenance of the existing apartment buildings” (page 40). Extension of operating hours The applicant is proposing to purchase Maddie’s Discount Liquor and open up a new liquor store called Lube Liquor. The C-1 zoning district regulations limit the hours of operation for retail stores from 6 a.m. to 9 p.m. daily. Mr. Dubay is proposing to extend these hours until 10 p.m. The applicant has provided a narrative (attachment G) that explains his reasons to allow the extension. City code section 515.45, subd. 4 (d) requires specific criteria under which an extension may be granted. The following are these criteria, followed by staff findings: 1. The applicant has submitted a detailed description of the proposed use containing sufficient information for the Planning Commission and City Council to make findings pertaining to the application. Findings: The applicant has submitted a narrative describing the proposed use (attachment G). 2) The proposed use would be reasonable and appropriate in a neighborhood context and consistent with the purpose of the C-1 district; and 7.2 3 Findings: According to zoning code section 515.45, the purpose of the C-1 district is to:  Provide for low intensity small scale retail uses that are intended to be on the lower end of the size range for commercial uses and have little or no impact on adjacent uses.  Provide goods and services on a limited community or neighborhood market scale.  Provide for commercial uses at the edge of a residential area on a site adequately served by collector or arterial streets. At 3,000 SF, the existing building is of a small size, and unlike a big box retail store, provides goods on a neighborhood market scale. Patrons do not typically remain long at a retail liquor store establishment. The building faces West Broadway Avenue, a major collector street, rather than facing adjacent residential uses. This creates a situation where the retail activity interacts with the street rather than with adjacent uses. This impact on adjacent properties is expected to continue if the store were to be open one hour later. 3) The proposed use would not significantly impact the surrounding residential area; and Findings: There are residential apartments to the north and south of the liquor store, and a single-family home to the east. Attachment F shows how these adjacent residential uses are screened or set back from the liquor store building. The following are the distances for the liquor store from residential uses:  5930 W. Broadway (Krystal Kourt apartments) – 80’. This apartment building also is significantly screened from the liquor store by a row of detached garages.  5920 W. Broadway (Virginian Court apartments) – 80’. This apartment building is also screened by a fence located between the liquor store and the rear (secondary) apartment entrance.  Single-family home at 7009-60th Avenue North – 240’. This home is located to the east (rear) side of the liquor store where the least amount of retail activity takes place. This home is also screened by a fence located between the liquor store and the home. 7.2 4 With screening and setbacks, the extension of operating hours from 9 to 10 p.m. for the liquor store is expected to have little or no impact on adjacent residential uses. 4) Rezoning the subject property to C-2 General Commercial would not be desirable. Findings: The subject property is the only commercial use in an area that is otherwise comprised of single family homes and multi-family apartments. Rezoning to C-2 would greatly expand the potential uses of the property and eliminate hours of operation limitations provided by C-1 zoning. 5) Conditions may be imposed to ensure that the proposed use will meet these criteria and be consistent with the purpose of the C-1 district. Such conditions may include but are not limited to an expiration date, non-transferability, periodic renewal requirements, and provisions for revocation if the use is not in strict conformance with the use described in the written request and in full compliance to the imposed conditions. Findings: Since this property has never had extended hours and the future impact of this extension on adjacent residential properties is unknown, staff recommends three conditions be made part of an approved CUP: 1) the CUP be made non- transferable to a successor business of Lube Liquor so that each retail business operating on the site could be reviewed for their neighborhood impact, and 2) the extension is valid for one year, and if there are no negative impacts on the neighborhood the extension would become permanent, and 3) the liquor store use of the property will continue in the same manner as previous liquor stores on this property. 6) The City Council determines that all applicable requirements of Subsection 515.05, Subdivision 3 a) and Section 520 are considered and satisfactorily met. Findings: 1) The 2030 Comprehensive Plan land use designation for this property is “Neighborhood Commercial”. The existing and proposed use of a small scale liquor store is consistent with this designation; 2) The property and existing building are designed for a smaller retail use appropriate for a neighborhood context, and the use will continue to exhibit these characteristics; 3) The property has had a liquor store use for many years, and this use will continue with Lube Liquor’s use of the property. 7.2 5 Since the applicant is not proposing to make any alterations to the building footprint or parking lot, the requirements of Section 520 of the Zoning Code, Site and Building Plan Review, are not applicable to this application. D. REQUESTED ACTION At its meeting on January 9, 2017, the Planning Commission recommended approval of the CUP to extend the operating hours for Lube Liquor by a vote of eight to one (one member absent), subject to the following conditions of approval: 1. The CUP to extend operating hours to 10 p.m. is applicable only to Lube Liquor and is not transferable to a successor business on this property. 2. The CUP to extend hours to 10 p.m. for Lube Liquor is effective until January 31, 2018. Prior to the second Council meeting in January 2018, likely to occur on January 16, the city planner will prepare a staff report describing negative neighborhood impacts, if any, that are related to the extended hours of operation. The applicant will receive a copy of the report and may attend the meeting to address the Council. After reviewing the city planner's report and hearing any testimony from the applicant, the Council will then determine whether to remove the January 31 expiration date from this CUP. No additional application form or fee will be required for this process. 3. The CUP is approved based on the proposed Lube Liquor operating in the same manner and extent as Maddie’s Discount Liquor. Any changes to the manner or extent of operation, such as using the area east of the building, will require approval of a new CUP application for the extended hours of operation to apply to the expansion of the existing use. City Council motion is requested to approve the proposed resolution (Attachment H) which approves the CUP for Dave Dubay. 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 Attachment F 7.2 Binge Time Marketing Corporation 5115 Excelsior Blvd # 409 Saint Louis Park, MN 55416 Mobile 949.899.3050 party@lubeliquor.com 29 Nov 2016 To City of Crystal Zoning Committee & City Council Attn: Dan Olson City Planner 4141 Douglas Drive North Crystal, MN 55422 763-531-1000 SUBJECT: Narrative to Support a Conditional Use Permit Application, per City Code Dear City of Crystal Zoning Committee & City Council On 31 August 2016, Mr. Olson notified us in writing that an Application for Special Land Use Action would need to be filed with the City of Crystal to request a Conditional Use Permit (CUP) as follows: We are requesting Binge Time Marketing Corporation (which will be doing business locally as Lube Liquor at 5924 West Broadway, Crystal, MN) be approved by both the City of Crystal Zoning Committee and the City Council to allow the hours of operation to be extended from 9pm to 10pm central time zone each day of the week. • This permit will allow us to serve our local neighborhood customers and meet their needs. Note: Many of our store patrons do not own vehicles or choose to walk to our location. • Additionally, this permit to simply extend business operations for 1- hour each night will allow us to fairly compete with other city liquor stores already allowed to remain open until 10pm. • Attached is the 1967 Lot Survey for 5924 West Broadway, Crystal MN provided to us by Dan Olson. Said survey is submitted as the required “site sketch”. Appreciate the Zoning Committee and City Council approval of our permit request. Respectfully, Dave DuBay General Manager 7.2 Attachment H CITY OF CRYSTAL MINNESOTA RESOLUTION NO. 2017-________ RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR DAVE DUBAY WHEREAS, Dave Dubay (“Applicant”) submitted an application to the City of Crystal (“City”) for a conditional use permit to allow the operating hours of his liquor store, Lube Liquor, to be extended from 9 to 10 p.m. for the property at 5924 West Broadway Avenue in Crystal, which is legally described in Exhibit A (“Property”); and WHEREAS, the Planning Commission held a public hearing regarding the Applicants’ request on January 9, 2017 and voted to forward the application to the City Council with a recommendation that the requested conditional use permit be approved with certain conditions; and WHEREAS, the City Planner’s report dated January 12, 2017 regarding this matter, which is attached hereto as Exhibit B, is incorporated herein and made part of this conditional use permit, except that the conditions set out below are controlling; and WHEREAS, the City Council finds that the conditional use permit 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 to allow Dave Dubay to extend the operating hours on the Property for his liquor store, Lube Liquor, from 9 to 10 p.m. subject to compliance with all of the following conditions of approval: 1. Not Transferable. The CUP to extend operating hours to 10 p.m. is applicable only to Lube Liquor and is not transferable to a successor business on this property. 2. Review of CUP Status. The CUP to extend hours to 10 p.m. for Lube Liquor is effective until January 31, 2018. Prior to the second Council meeting in January 2018, likely to occur on January 16, the city planner will prepare a staff report describing negative neighborhood impacts, if any, that are related to the extended hours of operation. The applicant will receive a copy of the report and may attend the meeting to address the Council. After reviewing the city planner's report and hearing any testimony from the applicant, the Council will then determine whether to remove the January 31 expiration 7.2 date from this CUP. No additional application form or fee will be required for this process. 3. Manner of Operation. The CUP is approved based on the proposed Lube Liquor operating in the same manner and extent as Maddie’s Discount Liquor. Any changes to the manner or extent of operation, such as using the area east of the building, will require approval of a new CUP application for the extended hours of operation to apply to the expansion of the existing use. 4. Compliance. This conditional use permit is subject to the applicable requirements of the City Code, and the Applicant is required to comply with all applicable federal, state, and local laws, rules, regulations, and ordinances, and is required to obtain such other permits and permissions as may be required. 5. 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 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. 6. Revocation. The violation of any terms or conditions of this conditional use permit 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 Applicant 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. 7. Binding Effect. This conditional use permit, and the conditions placed on it, are binding on the Applicant, his 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 is terminated or revoked as provided herein. The obligations of the Applicant under this conditional use permit shall also be the obligations of the current and any subsequent owners of the Property. 8. Acceptance of Conditions. Utilization of the Property for any of the uses allowed by this conditional use permit 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 17th day of January, 2017. ____________________________ Jim Adams, Mayor ATTEST: ___________________________ Chrissy Serres, City Clerk 7.2 EXHIBIT A Legal Description of the Property Lot 1, Block 1, Wayne C. Blesi Addition, according to the recorded plat thereof, and situate in Hennepin County, Minnesota; and 7.2 EXHIBIT B Planner’s Report (attached hereto) 7.2 1 _____________________________________________________________________ FROM: Dan Olson, City Planner DATE: January 12, 2017 TO: Anne Norris, City Manager (for January 17 meeting) SUBJECT: Consider adoption of a resolution approving a conditional use permit for Radius Track Corporation to allow outdoor storage at 3300 Winpark Drive A. BACKGROUND Radius Track Corporation is proposing a conditional use permit (CUP) to allow outdoor storage at 3300 Winpark Drive. The applicant is proposing to lease approximately 35,000 SF of office space for their manufacturing use. The property is zoned Light Industrial (I-1), and the proposed principal use is a permitted use within that district without the need for Planning Commission or City Council review and approval. However the applicant is proposing outdoor storage of the material it uses in its products. According to city code section 515.53, Subd. 4 (d), this storage requires the approval of a CUP. Notice of the January 9 public hearing was published in the Sun Post on December 29 and mailed to owners within 350 feet (see attachment B). Attachments: A. Site location map B. Map showing public hearing notification area C. Existing zoning map D. 2030 Land Use Comprehensive Plan map E. Site plan and photos of proposed outdoor storage location F. Project narrative G. Resolution B. PROPOSED CONDITIONAL USE Radius Track is proposing to lease approximately 35,000 SF of space within the existing 90,000 square foot building. Radius track is a company specializing in fabricatin g framing solutions such as walls and ceilings using curved steel, and they are proposing an outdoor storage area that is approximately 7,000 SF in size that will be located on the COUNCIL STAFF REPORT Conditional Use Permit for Radius Track Corporation 7.3 2 north side of the building. The items stored in this area are used in manufacturing their products (see attachment F). The outdoor storage area is 140’ wide by 50’ deep. With this depth there will be an approximately 50’ wide area remaining for vehicular traffic to maneuver through this part of the property. No parking spaces will be lost as a result of the new outdoor storage area, nor will any outdoor stairwells be blocked. The following are the criteria in city code section 515.53, Subd. 4 for approval of outdoor storage areas, followed by staff’s findings to the criteria. 1) The storage area is hard surfaced and clearly designated on the site as being limited to the specific, approved area. Findings: The storage area complies because there is an existing hard surface. The storage area is proposed to be located between existing loading docks 19-26 (see attachment E), but the applicant may adjust the location based on company needs. Staff recommends a condition of approval of the CUP that allows the location to be adjusted, but that the storage area remain adjacent to the building. 2) The storage area does not exceed 60% of the gross floor area of the building, 40% of the area of the property, or 20,000 square feet, whichever is less. Findings: Radius Track is proposing a 7,000 SF outdoor storage area. The maximum size of the area is calculated as follows:  Gross floor area of the building: 90,000 SF x 60% = 54,000 SF  Property area: 214,551 SF x 40% = 85,820 SF Since the first two calculations exceed 20,000 SF, the maximum size of the outdoor sales area is 20,000 SF. The proposed 7,000 SF outdoor storage area would comply. 3) The items to be stored outdoors are typically found outdoors and are constructed of materials appropriate for outdoor weather conditions. Findings: The materials that Radius Track proposes to store outdoors are hardy enough to withstand outdoor weather conditions. 4) The city council finds that there will be adequate screening and buffering between the establishment and adjacent uses. Findings: The area surrounding the outdoor storage area is of an industrial use and therefore staff finds that additional screening is not necessary. 7.3 3 Based on these criteria, the approval of the CUP to allow outdoor storage is appropriate. D. REQUESTED ACTION At its meeting on January 9, 2017, the Planning Commission recommended approval of the CUP to allow outside storage for Radius Track by a vote of eight to zero (one member absent), subject to the following condition of approval: 1. The outdoor storage area is proposed to be located between loading docks 19-26. This location may be adjusted to other locations on the north side of the building, but must remain adjacent to the building. City Council motion is requested to approve the proposed resolution (Attachment G) which approves the CUP for Radius Track. 7.3 7.3 7.3 7.3 7.3 Proposed outdoor storage approx. 7000 s.f. (50'x140') 50 ' - 0 " 140'-0" 7.3 7.3 7.3 7.3 Proposed Business/Activity Radius Track Corporation (www.radiustrack.com) is the subject matter expert in designing, engineering and fabricating framing solutions for curved and complex surfaces. We have proprietary methods to curve light-gauge cold-formed steel, and provide framing solutions for interior and exterior applications, including domes, ceilings, walls, facades, roofs and any other type of curved surface…from simple to complex…structural or non-structural. Radius Track is hoping to lease space in the Winpark Industrial Park at 3300 Winpark Drive in Crystal, Minnesota. A critical requirement for Radius Track to function efficiently and effectively is to have outdoor storage. Radius Track’s intent is to store any ‘stock’ material, or ‘excess’ material indoors. However, Radius Track requires outdoor storage space for two main purposes: 1) A staging area for incoming material (e.g. CFS profiles, such as tracks, studs, angle and hat channel) for upcoming jobs. Radius Track is a custom job shop, where typically material is ordered for each job. The material is nearly always delivered on a flat-bed truck. Flat-bed trucks are unloaded using fork-lifts from the side of the truck, and thus need to be unloaded outdoors. Incoming material is typically put into production within a couple of weeks of receiving the material. It will be best to stage most of this job-related material outdoors until the job goes into production. 2) A staging area for finished product that will be shipped to our customer on a flat-bed vs. less- than-truckload (LTL) shipment. As is the case above, flat-bed shipments need to be side-loaded, thus needing to be done outside the building. We plan on having approximately 45-50 flat-bed shipments in 2016. Note: We have 3-4 times as many shipments that are shipped via LTL. We typically stage finished product inside the building, since these shipments get loaded on an LTL truck that is backed up to a dock door. We anticipate needing approximately 7,000 square feet of outdoor storage to accommodate our needs. We are proposing using the truck court along the side of the building as outlined on the attached site plan, while maintaining the necessary drive in doors and dock doors to accommodate our material movement needs. 7.3 Attachment G CITY OF CRYSTAL MINNESOTA RESOLUTION NO. 2017-________ RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR RADIUS TRACK CORPORATION WHEREAS, Radius Track Corporation (“Applicant”) submitted an application to the City of Crystal (“City”) for a conditional use permit to allow outdoor storage for the property at 3300 Winpark Drive in Crystal, which is legally described in Exhibit A (“Property”); and WHEREAS, the Planning Commission held a public hearing regarding the Applicants’ request on January 9, 2017 and voted to forward the application to the City Council with a recommendation that the requested conditional use permit be approved with certain conditions; and WHEREAS, the City Planner’s report dated January 12, 2017 regarding this matter, which is attached hereto as Exhibit B, is incorporated herein and made part of this conditional use permit, except that the conditions set out below are controlling; and WHEREAS, the City Council finds that the conditional use permit 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 to allow outdoor storage for Radius Track Corporation on the Property subject to compliance with all of the following conditions of approval: 1. Location Flexibility. The outdoor storage area is proposed to be located between loading docks 19-26. This location may be adjusted to other locations on the north side of the building, but must remain adjacent to the building. 2. Compliance. This conditional use permit is subject to the applicable requirements of the City Code, and the Applicant is required to comply with all applicable federal, state, and local laws, rules, regulations, and ordinances, and is required to obtain such other permits and permissions as may be required. 3. 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 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. 7.3 4. Revocation. The violation of any terms or conditions of this conditional use permit 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 Applicant 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. 5. Binding Effect. This conditional use permit, and the conditions placed on it, are binding on the Applicant, 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 is terminated or revoked as provided herein. The obligations of the Applicant under this conditional use permit shall also be the obligations of the current and any subsequent owners of the Property. 6. Acceptance of Conditions. Utilization of the Property for any of the uses allowed by this conditional use permit 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 17th day of January, 2017. ____________________________ Jim Adams, Mayor ATTEST: ___________________________ Chrissy Serres, City Clerk 7.3 EXHIBIT A Legal Description of the Property Lot 1, Block 1, Winnetka Industrial Center, according to the recorded plat thereof, and situate in Hennepin County, Minnesota; and 7.3 EXHIBIT B Planner’s Report (attached hereto) 7.3 7.4 7.4 7.4 7.4 7.5 7.5 7.5 7.5 7.5 DATE: January 17, 2017 TO: City Council FROM: Mark Ray, PE, Public Works Director Mick Cyert, Engineering Project Manager SUBJECT: Phase 16 Street Reconstruction – State Aid Streets No Parking Assignments Summary The Phase 16 Skyway Street Reconstruction project area includes the following Municipal State Aid (MSA) Streets:  Regent Avenue North from County Highway 10 (Bass Lake Road) to 58 th Avenue North  58th Avenue North from Regent Avenue North to County Highway 10 (Bass Lake Road) Because these streets are MSA streets they must meet State Aid Rules for design standards. One of these requirements is that an MSA street must be at least 32 feet wide in order to have parking on one side only. The following streets are being reconstructed to be 32 feet in width:  Regent Avenue North from County Highway 10 (Bass Lake Road) to 58 th Avenue North  58th Avenue North from Regent Avenue North to County Highway 10 (Bass Lake Road) No Parking Summary Regent Avenue North, no parking will be permitted on  East side from County Highway 10 to 58 th Avenue North 58th Avenue North, no parking will be permitted on  North side from Regent Avenue North to County Highway 10 Public Input The attached parking map was displayed at the Phase 16 Open House on January 12 th. Additionaly, specific information was included in the packet given to all attendees. The only comment received was a question related to the location of the center of the road relative to the center of the Right of Way. Attachments  No Parking Map Recommended Action Motion to approve the resolution establishing no parking restrictions for portions of Regent Avenue North and 58th Avenue North. 7.6 Memorandum 58TH PLACE Q U A I L A V E N U E 57TH AVENUE 59TH AVENUE P E R R Y A V E N U E 56THAVENUE O RCHAR DAVENUEQUAIL A V E N U E 57TH AVENUE B A S S L A K E R O A D R E G E N T A V E N U E 56TH PLACE P E R R Y A V E N U E O R C H A R D A V E N U E O R C H A R D A V E N U E S C O T T A V E N U E 58TH AVENUE T W I N L A K E T E R R A C E 4 8 0 8 4 8 1 6 4 8 2 4 4 9 0 1 4 9 1 74925 4 9 3 3 4 9 4 1 5 0 0 1 5 0 1 1 5 0 1 9 4 9 0 9 5749 5748 5741 5740 5733 5732 5725 5724 5717 5716 5709 5710 5704 5649 5641 5631 5617 5611 5609 5607 5212 5120 56055114 4930501250205014 4924 4824 4912 4800 5103 5101 5540 5017 5555 5550 55515536 5546 55415541554055315530 55085541 4912 49124912 4912 5101 5101 51015101 5540 5540 55405540 4650 5603 5917 59175916 59175916 5916 5909 5909590959085908 5901 5901590059015900 58564801585658575857585658575856 58505849584858495849584858495848 58445841584058415841584058405841 583658365833583258335833583258325833 4700 583058245825582558255824582458255824 5817 5816 58175817581258165817 5816 5809580858075809580858095808 58005801580058015800580158005801 576457634709 575748194825575757565757 5748 5757 5749 574857495748 57565749 57555743 57405741574057415740 574857475737 5732 57325733573257335731 57405739572457255724572557245725 57325731571657155717571657175716 57245719570857095708570957065709 571657095701570057015700570157005701 5708 57014718 57005657565656575656565756525657 5664564956485648564956495646 56594727564156405640 5656564056415641 56525651563456375630562956305633 5627 56285629562456235624 5645 5644562256215621561856175618 56395616 5607 56365611561556125612 5610 56335606560756055608 563056045627 5605 56215606 5622 5104 56155602 5614 56095600 5608 5601 5600 55204710 4711 5643 O 0 300150Feet FILE NO.CRYST139389PHASE 1 6PHASE 1 6STATE A I D S T R E E T P A R K I N GSTATE A I D S T R E E T P A R K I N G P a t h : P :\A E \C \C r y s t \1 3 9 3 8 9 \9 0 -G I S \M S A S N o P a r k i n g M a p .m x d D a t e : 1 2 /2 1 /2 0 1 6 Legend Proje ct L imitsCitylimitsCity of Bro oklyn CenterArea Not in Stud yParking AllowedNo Parking Allowed 7.6 RESOLUTION NO. 2017 - ______ ESTABLISHING ON STREET PARKING RESTRICTIONS ON PORTIONS OF REGENT AVENUE AND 58TH AVENUE WHEREAS, the City has planned the street reconstruction of Regent Avenue from Bass Lake (County Road #10) to 58th Avenue North and 58th Avenue North from Regent Avenue to Bass Lake Road/Orchard Avenue North (County Road #10); and WHEREAS, these streets have been designated as Municipal State Aid streets by the City; and WHEREAS, these streets must be reconstructed to Municipal State Aid standards to be eligible for State Aid funding; and WHEREAS, the proposed street widths require on-street parking restrictions on one side of the street, according to State Aid Operations Chapter 8820; NOW, THEREFORE, BE IT RESOLVED that the City hereby restricts the parking of any vehicles or equipment at all times in the following locations:  On the east side of Regent Avenue North from Bass Lake Road (County Road #10) to 58th Avenue North  On the north side of 58th Avenue North from Regent Avenue North to Bass Lake Road/Orchard Avenue North (County Road #10) Adopted by the Crystal City Council this 17th day of January 2017. Jim Adams, Mayor ATTEST: ____________________________ Christina Serres, City Clerk 7.6