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2018.01.02 EDA Meeting PacketAGENDA ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF CRYSTAL  ANNUAL ORGANIZATIONAL MEETING  TUESDAY, JANUARY 2, 2018 IMMEDIATELY FOLLOWING THE 7:00 P.M. CITY COUNCIL MEETING CRYSTAL CITY HALL COUNCIL CHAMBERS 1. Call to order * 2. Roll call * 3. Election of officers 4. Approval of minutes from December 5, 2017 Regular Meeting 5. Public Hearing to consider a resolution approving the sale of an EDA lot at 4724 Lakeland Avenue North to Tollberg Homes for construction of a new single family home 6. Consider tentative acceptance of a proposal from Novak-Fleck for construction of a new single family home on the EDA lot at 5573 Zane Avenue North 7. Consider amended EDA Bylaws 8. Other business * 9. Adjournment * *Items for which no materials are included in the packet PAGE 1 OF 2 _____________________________________________________________________ FROM: John Sutter, Community Development Director _____________________________________________________________________ DATE: December 21, 2017 TO: Anne Norris, Executive Director (for January 2, 2018 meeting) SUBJECT: Election of Officers for 2018 On January 2, 2018 the EDA will hold its annual organizational meeting at which the members will nominate and elect officers for 2018. Please see the following page for a table showing the officers for the preceding ten years. Any EDA member may, by a single motion, place into nomination a slate of EDA officers, whether the Mayor’s recommended slate or a different slate. If the motion receives a second, then the slate can be approved in one vote. EDA action is requested. EDA STAFF REPORT Election of Officers PAGE 2 OF 2 EDA OFFICERS Mayor’s recommended slate of officers for 2018 President Vice President Secretary Treasurer ____________ ____________ ____________ ____________ Other slate nominated by ______________ ____________ ____________ ____________ ____________ Other slate nominated by ______________ ____________ ____________ ____________ ____________ Previous ten years: 2017 Kolb Dahl Parsons LaRoche 2016 Peak Parsons Dahl Kolb 2015 Peak Parsons Dahl Kolb 2014 Deshler Hoffmann Libby Peak 2013 Hoffmann Deshler Budziszewski Selton 2012 Anderson Bowman Moore Deshler 2011 Hoffmann Bowman Moore Anderson 2010 Hoffmann Bowman Grimes Anderson 2009 Hoffmann Bowman Grimes Anderson 2008 Hoffmann Bowman Grimes Anderson Page 1 of 2 Minutes of the Crystal Economic Development Authority Regular Meeting December 5, 2017 President Kolb called the special meeting of the Crystal Economic Development Authority to order at 6:48 p.m. Upon call of the roll, the following members were present: Jim Adams, John Budziszewski, Elizabeth Dahl, Julie Deshler, Jeff Kolb, Nancy LaRoche and Olga Parsons. The following staff members were present: Anne Norris, Executive Director, John Sutter, Deputy Executive Director, and Troy Gilchrist, City Attorney. Motion by Commissioner LaRoche (Adams) to approve the minutes of the November 21, 2017 special meeting. Motion carried. The EDA considered tentative acceptance of a proposal from Tollberg Homes to purchase the EDA lot at 4724 Lakeland Avenue North. Mr. Sutter presented the staff report and took questions from the Board. Following EDA discussion, motion by Commissioner Deshler (Adams) to tentatively accept the proposal from Tollberg Homes for the EDA lot at 4724 Lakeland Avenue North. Motion carried. The EDA considered a resolution adopting a 2018 budget and tax levy and requesting their approval by the City Council. Mr. Sutter summarized the staff report. Motion by Commissioner Parsons (LaRoche) to adopt a resolution adopting a 2018 budget and tax levy and requesting their approval by the City Council. Motion carried. There was no other business. Motion by Commissioner Deshler (Dahl) to adjourn. Motion Carried. The meeting adjourned at 6:53 p.m. ______________________________ Page 2 of 2 Jeff Kolb, President ATTEST: ______________________________ Olga Parsons, Secretary PAGE 1 OF 1 _____________________________________________________________________ FROM: Dan Olson, City Planner DATE: December 21, 2017 TO: Anne Norris, Executive Director (for January 2 EDA meeting) SUBJECT: PUBLIC HEARING: Consider resolution authorizing the sale of lot at 4724 Lakeland Avenue North for construction of new home _____________________________________________________________________ Tollberg Homes, a Minnesota Residential Building Contractor with no enforcement actions, has submitted a proposal to purchase the lot at 4724 Lakeland Avenue North for $55,000. The EDA tentatively accepted the builder’s proposal on December 5, 2017. There have not been any changes to the site or building plan since that tentative approval . Attached are an aerial photo and preliminary site and building plans for a new home with an attached garage. The house would have approximately 1,200 finished square feet on the main level with an open living-dining-kitchen area, three bedrooms and two bathrooms. It would also have unfinished square footage on the lower level, with an option to have it finished with additional bedrooms, a bathroom, and recreation room. Similar homes have been built by Tollberg on several other EDA lots, including most recently at 5140 Lake side Avenue North. The builder does not have a buyer for the home. For 4724 Lakeland, if on January 2 the EDA adopts the attached resolution, then the lot sale would close soon after. Construction would begin after closing with completion anticipated by summer 2018. REQUESTED EDA ACTION: After holding the public hearing and receiving any testimony, consider adopting the attached resolution authorizing the property sale of 4724 Lakeland Avenue North to Tollberg Homes. EDA STAFF REPORT PUBLIC HEARING 4724 Lakeland Avenue North - Sale of lot to Tollberg Homes ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF CRYSTAL HENNEPIN COUNTY STATE OF MINNESOTA RESOLUTION NO. 2018 - 01 A RESOLUTION AUTHORIZING THE SALE OF 4724 LAKELAND AVENUE NORTH FOR NEW HOUSE CONSTRUCTION WHEREAS, the Economic Development Authority of the City of Crystal (“the EDA”) is the owner of 4724 Lakeland Avenue North, legally described as follows: Lot 1, Block 1, Crystal Economic Development Authority Seventh Addition, Hennepin County, Minnesota (“the Property”); and WHEREAS, the EDA has solicited proposals from builders who desire to purchase the Property from the EDA and construct thereon a new single family house; and WHEREAS, the EDA has reviewed and accepted the proposal from Tollberg Homes. NOW, THEREFORE, BE IT RESOLVED that the EDA authorizes the sale of the Property to Tollberg Homes. BE IT FURTHER RESOLVED that the sale shall be completed in accordance with the terms of the Purchase and Redevelopment Agreement in substantially the form on file in City Hall, and that the President and Executive Director are hereby authorized to sign said Agreement and other documents required to complete the sale of the Property to Tollberg Homes. Adopted this 2nd day of January, 2018. ____________________________________ __________________, President ____________________________________ Anne Norris, Executive Director Page 1 of 1 ___________________________________________________________________________ FROM: Dan Olson, City Planner ___________________________________________________________________________ DATE: December 21, 2017 TO: Anne Norris, Executive Director (for January 2 EDA meeting) SUBJECT: Consider tentative acceptance of proposal by Novak Fleck for the lot at 5573 Zane Avenue North Novak Fleck has submitted a proposal to purchase the lot at 5573 Zane Avenue North. The lot price is $60,000. Novak Fleck is a state-licensed residential building contractor with no enforcement actions. Attached are an aerial photo, builder’s proposal form, and preliminary site and building plans for a new home with an attached garage. The house would have approximately 1,200 finished square feet on the main level with an open living-dining-kitchen area, three bedrooms and two bathrooms. It would also have unfinished square footage on the lower level, with an option to have it finished with additional bedrooms, a bathroom, and recreation room. Similar homes have been built by Novak Fleck on other EDA lots, including most recently at 5209 - 49th Avenue North. The builder does not have a buyer for the home. On this lot a variance reducing the rear yard setback from 30 to 10 feet would be requested by Novak Fleck. For this corner lot the south side of the property is defined as the rear yard and the home will face Zane Avenue on the east side of the property. Because of the lot width there will not be a lot of open space behind the home. Locating the home closer to the south property line will allow for a larger open space on the Bass Lake Road side of the property. Staff would recommend approval of such a variance in order to create that open space. With the variance the new house’s distance from the adjacent home would look about the same as houses with a standard side yard setback. The required public hearing would be scheduled if the EDA gives tentative acceptance of the proposal. REQUESTED EDA ACTION: EDA tentative approval of the purchase proposal with Novak Fleck for the EDA lot at 5573 Zane Avenue North. EDA STAFF REPORT 5573 Zane Avenue North Lot purchase proposal from Novak-Fleck L A K E L A N D A V E N W E L C O M E A V E X E N I A A V E ZANE PL (BASS LAKE RD) B R U N S W I C K A V E A D A I R A V E Z A N E A V E Y A T E S A V E 57TH AVE CLOVERDALE AVE N C X E N I A W E L C O M E D O U G L A S D R 54TH AVE A D A I R LAKELAND 56TH AVE Y A T E S A V E N W I L S H I R E B L V D . 57325733573257335732 572657275726572957255724572757245726 572057215720572157205725571657175716 57145715571457155714 5 5 0 2 5 5 0 8 5 5 1 4 5 5 2 0 5 5 2 6 5 6 0 2 5 6 0 8 5 6 1 4 5 6 2 0 5 6 2 6 5 7 0 0 5 7 0 8 5 7 1 45708570957085709570857095708 0 57015700 570257035702570357025700 660 5652 565556565655565656555656565756565657565656575656 56495648564956495648564956485648 5644 5649564856495648 5630 5643564256435642564356425643564256435642 6200 56415640 5637563656375637563656365635563656375636563256335631563056315631563056305629563056315630 56255624 562556245624562556255624 09 56195618561756195618 5810 56135611 5704570857246000 56135612 5600561056185802 5601 59005926 5568570157095719 5801580958175901 5573 551760016017 5509 6225 550555665562 5501 5565 555155655560 555655595562 5558 5555 5557 5557 5554 555055535554 5531 55495549 5549554855405546554755415547 5542 5521 55375541553655355542 5536 5500 5539 5532 5529 5538 5533 5528 5450 5525553255275533 5501 5519552655175516551755185527 5520 5511 5508 5511 551355125521 5516 55055710 5616 5600 55075506 5465 5515 55015500 57165509 5445 5705 5438 5609 54375436 570957095430 54315430 5410 5430 5431 5424 5425 5423 5422 5423 54175416 5410 5417 54315431 5425 5400 5414 54095413 54115410 5402 5405 5508 5404 5600 5608 5612 5618 5403 5325 8 5551 HWY 100 CR 10 CR 10 CR 102 CR 9 CR 8 CR 81 CR 70 CR 156 CR 102 CR 8 CR 156 CR 156 HWY 100 HWY 100 HWY 100 CR 81 CRYSTAL AIRPORT CRYSTAL AIRPORT ROBBINSDALEROBBINSDALE GOLDEN VALLEYGOLDEN VALLEY NEW HOPENEW HOPE BROOKLYN PARKBROOKLYN PARK BROOKLYN CENTERBROOKLYN CENTER CR 9 CR 10 N City of Crystal 4141 Douglas Drive N. Crystal, MN 55422 City of Crystal 4141 Douglas Drive N. Crystal, MN 55422 Aerial Image Hennepin County 2015 1 Mile N Site Location 5573 Zane Avenue North0100200300400500Feet Site Location 5573 PARK PAGE 1 OF 1 _____________________________________________________________________ FROM: John Sutter, Community Development Director _____________________________________________________________________ DATE: December 21, 2017 TO: Anne Norris, Executive Director (for January 2, 2018 meeting) SUBJECT: Consider Amended Bylaws The current EDA bylaws were adopted in 2005. Staff and the EDA attorney have reviewed the bylaws and identified several items that should be changed to ensure consistency with city operations, provide more flexibility for scheduling regular EDA meetings on the same day as regular Council meetings, affirm that the City Council meeting rules also apply to EDA meetings, and make various clarifications and corrections. The main changes are:  The Executive Director would be able to approve contracts up to $25,000 (to be the same as for city contracts).  The Executive Director would determine staffing (to match how the city operates).  There would no longer be a distinction between each month’s first meeting as a regular meeting and second meeting as a special meeting. This is because the EDA is just as likely to need to conduct routine EDA business (lot sales, etc.) at the second meeting of the month. Instead, regular meetings would occur immediately before or after any regularly scheduled Council meeting. The Executive Director would cancel any regular meeting if there is no business to transact.  Special meetings would be rare and called by the EDA President or two or more Commissioners.  Work sessions would be called in the same manner as a special meeting.  In addition to Robert’s Rules of Order, EDA meetings would be conducted in accordance with City Council rules. Attached for EDA review are two copies of the proposed amended Bylaws, one showing the changes and the other showing the proposed Bylaws in their final form. EDA action on the amended bylaws is requested. EDA STAFF REPORT Amended Bylaws 1 BYLAWS OF THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF CRYSTAL, MINNESOTA ARTICLE I - THE AUTHORITY Section 1. NAME OF AUTHORITY. The name of the Authority is the "Economic Development Authority of the City of Crystal, Minnesota". Section 2. SEAL OF AUTHORITY. The seal of the Authority is in the form of a circle and bears the name of the Authority. Section 3. OFFICE OF AUTHORITY. The offices of the Authority are at City Hall in the City of Crystal, Minnesota. The Authority may hold its meetings at such other place or places as it may determine and upon lawful notice. Section 4. COMMISSIONERS. The Authority is governed by seven commissioners appointed in the manner prescribed by law. Section 5. ACT. The Authority is governed by the provisions of Minnesota Statutes, Chapter 469 (Act). The Authority shall have all the powers provided by the Act, except to the extent limited by the City Council in the authorizing resolution. ARTICLE II - OFFICERS Section 1. OFFICERS. The officers of the Authority are the President, the Vice-President, the Secretary, the Treasurer, and the Assistant Treasurer. Section 2. PRESIDENT. The President presides at meetings of the Authority. Except as otherwise authorized by resolution of the Authority, the President signs contracts, deeds and other instruments made by the Authority. At each meeting, the President may submit recommendations and information concerning the business, affairs and policies of the Authority. Annually, at a time and in a form fixed by the City Council, the President shall submit a written report to the City Council giving a detailed account of its activities and of its receipts and expenditures during the preceding calendar year, together with additional matters and recommendations the Authority deems advisable for the economic development of the city. Section 3. VICE-PRESIDENT. The Vice-President performs the duties of the President in the absence or incapacity of the President; and in case of the disability or absence of the President or in the case of a vacancy in the office of President, the Vice-President performs the duties of the President until a successor has been appointed and qualifies. 2 Section 4. SECRETARY. The Secretary performs the duties of a secretary for the Authority. Section 5. TREASURER. The Treasurer has the duties given by the Act. Section 6. EXECUTIVE DIRECTOR. The Crystal City Manager is the Executive Director of the Authority and has general supervision over the administration of its business and affairs subject to the direction of the Authority and signs, contracts, deeds, and other instruments made by the Authority. The Executive Director is authorized to approve and execute contracts for less than $25,000. The Executive Director is responsible for the management of the projects and general affairs of Authority under the direction of the Commissioners. The Executive Director may designate a Deputy Executive Director who performs the duties of the Executive Director in the absence or incapacity of the Executive Director and other tasks as delegated by the Executive Director. Section 7. OTHER ADMINISTRATIVE OFFICERS. Subdivision 1. Assistant Secretary. The Executive Director may designate an assistant to the Secretary to keep the records of the Authority, record the meetings of the Authority in a journal of proceedings to be kept for that purpose, and to perform the duties of secretary under the direction of the Secretary. The assistant must keep in safe custody the seal of the Authority and may affix the seal to contracts and instruments authorized by the Authority. In the absence or incapacity of the Executive Director and Deputy Executive Director, the Assistant Secretary may sign contracts, deeds and other instruments made by the Authority. Subd. 2. Assistant Treasurer. The Crystal City Treasurer is the Assistant Treasurer ex officio of the Authority, and has custody of funds of the Authority. The Treasurer must deposit the funds in the name of the Authority in a bank or banks selected by the Authority. The Executive Director and the Assistant Treasurer must sign orders and checks for the payment of money and pay out and disburse such monies under the direction of the Authority. Except as otherwise authorized by resolution of the Authority, orders and checks must also be counter-signed by the President. The Assistant Treasurer must keep regular books of account showing Authority receipts and expenditures and render to the Authority, at least once per calendar year and when requested by the Authority, an account of the financial condition of the Authority. In the absence or incapacity of the Executive Director and Deputy Executive Director, the Assistant Treasurer may sign contracts, deeds and other instruments made by the Authority. Section 7. COMBINING ADMINISTRATIVE OFFICES: COMPENSATION. 3 The compensation of the administrative personnel of the Authority other than the Executive Director is determined by the Executive Director. Administrative offices may be combined. Section 8. ADDITIONAL DUTIES. The officers of the Authority perform other duties and functions as may from time to time be required by the Authority these bylaws, or the rules and regulations of the Authority. Section 9. ELECTION; APPOINTMENT. The President, Secretary, and Treasurer are elected at the annual meeting of the Authority from among the Commissioners of the Authority and hold office for a term of one year or until their successors are elected and qualified. Section 10. VACANCIES. If the office of President, Vice-President, Treasurer or Secretary becomes vacant, pursuant to Minnesota Statutes, section 351.02 or by other provisions of law, the Authority must elect a successor from its membership at the next regular meeting or at a special meeting called for that purpose. The successor serves for the unexpired term of the office. Section 11. ADDITIONAL PERSONNEL. The Authority may from time to time employ or contract for such personnel as it deems necessary to exercise its powers, duties and functions. Those personnel may be employees of the Authority, employees of other governmental organizations, or independent contractors. The selection and compensation of personnel is determined by the Executive Director. ARTICLE III - MEETINGS Section 1. ANNUAL MEETING. The annual meeting of the Authority is held at the regular meeting place of the Authority immediately preceding or following the first City Council meeting of the year. Section 2. REGULAR MEETINGS. After the annual meeting occurs, regular meetings are held at the regular meeting place of the Authority immediately preceding or following each regularly scheduled City Council meeting. The Executive Director may cancel any regular meeting if there is no business to transact. Meetings of the Authority shall be conducted in accordance with the Minnesota Open Meeting Law. The City Clerk shall maintain the schedule of the Authority’s regular meetings. Section 3. SPECIAL MEETINGS. Special meetings of the Authority may be called: (i) by the Authority by motion; or (ii) may be called by the President, or two members of the Authority, by writing filed with the Executive Director who must then mail or deliver notice of the meeting to the members of the time and place of the meeting at least three days before the meeting. At a special meeting no business may 4 be considered other than designated in the call and identified in the meeting notice. Section 4. WORK SESSIONS. Work Sessions are intended to provide the Commissioners an opportunity to receive presentations and discuss matters that do not require immediate action, but may become action items at a subsequent regular or special meeting. Work sessions of the Authority may be called in the same manner, and are subject to the same notice requirements, as a special meeting. Section 5. QUORUM. The powers of the Authority are vested in the Commissioners in office from time to time. Four Commissioners constitute a quorum for the purpose of conducting business, but a smaller number may adjourn from time to time until a quorum is present, and when a quorum is not present, a smaller number may adjourn the meeting. Section 6. ORDER OF BUSINESS. The following is the order of business at regular meetings of the Authority. 1. Roll Call. 2. Approval of the minutes of the previous meeting(s). 3. Staff Reports. 4. Other business. 6. Adjournment. Section 7. RESOLUTIONS; CONDUCT. Resolutions must be in writing and placed in the journal of the proceedings of the Authority. The meeting will be conducted in accordance with Roberts Rules of Order, Revised and the most recently adopted City Council Rules. In the case of a conflict between the City Council Rules and these Bylaws, the provisions of these Bylaws shall be controlling. Section 8. MANNER OF VOTING. Voting on questions coming before the Authority must be entered in the minutes of the meeting. When a quorum is in attendance, action may be taken by the Authority upon a vote of the majority of the Commissioners in attendance. ARTICLE IV - AMENDMENTS AMENDMENTS TO BYLAWS. The bylaws of the Authority may be amended only with the approval of at least four Commissioners at a regular meeting or at a special meeting called for that purpose. 5 Approved: July 18, 1989. Amended: December 5, 1995. February 1, 2005 ___________ ___, 2018 ___________________________ President _________________________ Executive Director