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2018.09.04 Council Meeting Packet 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Posted: August 30, 2018 City Council Meeting Schedule Sept. 4, 2018 Time Type of meeting Location 6:30 p.m. First City Council work session to discuss: • Winpark Drive Reconstruction Project Update Conference Room A 6:45 p.m. Economic Development Authority meeting to consider 2019 HRA property tax levy Council Chambers 7 p.m. City Council meeting Council Chambers Immediately following the City Council meeting Second City Council work session to discuss: • Chapters 10 and 11 of City Code • Constituent Issues Update • New business • Announcements Conference Room A 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: August 30, 2018 City Council Work Session Agenda Sept. 4, 2018 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 Sept. 4, 2018 in Conference Room A, 4141 Douglas Dr. N., Crystal, Minnesota. I. Attendance Council Members Staff ____ Adams ____ Norris ____ Budziszewski ____ Therres ____ Dahl ____ Ray ____ Deshler ____ Sutter ____ Kolb ____ Revering ____ LaRoche ____ Gilchrist ____ Parsons ____ Serres II. Agenda The purpose of the work session is to discuss the following agenda items: 1. Winpark Drive Reconstruction Project update* * 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. AGENDA ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF CRYSTAL • REGULAR MEETING • TUESDAY, SEPTEMBER 4, 2018 6:45 P.M. CRYSTAL CITY HALL COUNCIL CHAMBERS 1. Call to order 2. Roll call 3. Approval of minutes from the May 15, 2018 work session and June 5, 2018 regular meeting * 4. Consider a resolution adopting a proposed HRA tax levy for 2019 * 5. Other business 6. Adjournment * Materials attached Page 1 of 1 Minutes of the Economic Development Authority of the City of Crystal Work Session May 15, 2018 1. Call to Order President Parsons called the work session of the Economic Development Authority of the City of Crystal (EDA) to order at 6:30 p.m. 2. Roll Call 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. 3. Discuss proposed sale of 5751 West Broadway for combination with 5747 West Broadway The EDA discussed the proposed terms for the potential sale of the EDA property at 5751 West Broadway to the owner of the adjacent property at 5747 West Broadway, said sale to be considered at a public hearing on June 5, 2018. 4. Adjournment Motion by Commissioner LaRoche (Adams) to adjourn. Motion carried. The meeting adjourned at 6:51 p.m. ______________________________ Olga Parsons, President ATTEST: ______________________________ Elizabeth Dahl, Secretary Page 1 of 2 Minutes of the Economic Development Authority of the City of Crystal Regular Meeting June 5, 2018 1. Call to Order Vice President LaRoche called the regular meeting of the Economic Development Authority of the City of Crystal (EDA) to order at 8:59 p.m. 2. Roll Call Upon call of the roll, the following members were present: Jim Adams, John Budziszewski, Elizabeth Dahl, Jeff Kolb, and Nancy LaRoche. The following staff members were present: Anne Norris, Executive Director, John Sutter, Deputy Executive Director and Troy Gilchrist, City Attorney. 3. Approval of Minutes Motion by Commissioner Kolb (Adams) to approve the minutes of the March 20, 2018 regular meeting. Motion carried. 4. 5751 West Broadway - Property Sale Public Hearing The EDA held a public hearing to consider a resolution authorizing the sale of 5751 West Broadway to FTKD Properties, Inc., the owner of the adjacent parcel at 5747 West Broadway, for lot consolidation. Mr. Sutter presented the staff report and took questions from the Board. Vice President LaRoche opened the public hearing. There being no one present to offer testimony, Vice President LaRoche closed the public hearing. Motion by Commissioner Dahl (Adams) to adopt the resolution authorizing the sale of 5751 West Broadway to FTKD Properties, Inc., the owner of the adjacent parcel at 5747 West Broadway, for lot consolidation. Motion carried. 5. Other Business There was no other business. 6. Adjournment Page 2 of 2 Motion by Commissioner Adams (Dahl) to adjourn. Motion carried. The meeting adjourned at 9:13 p.m. ______________________________ Nancy LaRoche, Vice President ATTEST: ______________________________ Elizabeth Dahl, Secretary _____________________________________________________________________ FROM: Jean McGann, Finance Director _____________________________________________________________________ DATE: August 29, 2018 TO: Anne Norris, Executive Director (for September 4, 2018 EDA meeting) SUBJECT: Consider a resolution adopting a proposed 2019 HRA tax levy and budget As part of the annual budgeting process, the EDA formally requests a Housing and Redevelopment Authority tax levy which would comprise part of its funding. The 2018 levy was $277,200. Staff is recommending a 2019 levy of $282,744 which is a 2% increase. Another 2% increase is proposed for 2020, although that will require separate action a year from now. Biennial Budget Summary: 2018 2019 2020 Adopted Proposed Proposed Revenue 427,200 323,744 328,399 Expenditures 413,970 352,952 411,305 Est. YE Fund Balance 3,203,865 2,174,657 2,091,753 Anticipated 2019 EDA activities: • Becker Park reconstruction (EDA share paid out of fund balance) • Sale of properties currently being held by the EDA (proceeds added to fund balance) • Home improvement grants for homes outside the redevelopment project area Adoption of the attached resolution is requested. Please note that, whatever levy amount is set, it may be reduced but cannot be increased when the final budget and tax levy are set in December. EDA STAFF REPORT Preliminary 2019 HRA Levy ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF CRYSTAL HENNEPIN COUNTY STATE OF MINNESOTA RESOLUTION NO. 2018 - 08 RESOLUTION ADOPTING A PROPOSED 2019 BUDGET AND PROPERTY TAX LEVY AND REQUESTING THEIR APPROVAL BY THE CITY COUNCIL WHEREAS, the Economic Development Authority of the City of Crystal (the “EDA”) undertakes redevelopment and housing activities in the City of Crystal, Minnesota (the “City”); and WHEREAS, pursuant to authority granted by Minnesota Statutes, Section 469.02 and the enabling resolution of the EDA, the EDA exercises all of the powers of a housing and redevelopment authority (“HRA”) as described in Minnesota Statues, Section 469.001 to 469.047 (the “Act”); and WHEREAS, under Section 469.033 Subdivision 6 of the Act, an HRA is authorized to levy and collect special benefit taxes on all taxable property under the jurisdiction of the HRA, that is, property in the City; and WHEREAS, the permitted levy is 0.0185 percent of the estimated market value of the property in the City. NOW, THEREFORE, BE IT RESOLVED by the Economic Development Authority of the City of Crystal as follows: 1. The EDA hereby adopts a proposed 2019 budget for housing and redevelopment in the amount of $352,952. 2. The EDA hereby adopts a proposed 2019 property tax levy of $282,744 for the purpose of funding the adopted budget in conformance with Section 469.033, Subdivision 6 of Minnesota Statutes. 3. The Executive Director is authorized and directed to transmit a certified copy of this Resolution to the City Council of the City of Crystal for its consent and approval as provided by Section 469.033 of the Act and for certification to the Property Tax Manager of Hennepin County. Adopted this 4th day of September, 2018. _______________________________ Olga Parsons, President _______________________________ Anne Norris, Executive Director 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov City Council Meeting Agenda Sept. 4, 2018 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. Appearances 3.1 The Mayor will swear in Deputy Police Chief Brian Hubbard.* 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 minutes from the following meetings: a. The City Council meeting on Aug. 21, 2018. b. The City Council work session on Aug. 21, 2018. c. The City Council budget work session on Aug. 23, 2018. 4.2 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. 4.3 Approval of a resolution accepting the following donations: a. $249.21 from donation boxes for Crystal Police K-9 Unit. b. $600.00 from the Lions Club of Crystal for the Crystal Frolics. 4.4 Approval of an agreement with Hennepin County for the city to be reimbursed for costs related to installation of Accessible Pedestrian Signals at Sherburne Avenue as part of the Bass Lake Road Streetscape project. 4.5 Approval of a resolution revising the assessment for 5633 Twin Lake Terrace N. Crystal City Council Meeting Agenda Sept. 4, 2018 Page 2 of 4 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 Hearings 6.1 The Mayor will open a public hearing to receive comment and consider a new off-sale liquor license for SUPERVALU, Inc. d/b/a Cub Wine and Spirits located at 5301 – 36th Avenue North. Cub Foods is applying for an off-sale liquor license to add a liquor store with a separate entrance to the grocery store. The license requirements have been met, including a satisfactory background check. A notice of the public hearing was published in the August 23 Sun Post and the notice was sent to property owners within 500 feet of the store. After taking public comment, recommend approval of the off-sale liquor license at 5301 – 36th Avenue North. 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 civil penalties for violation of liquor license regulations by Kneadin’ Dough, Inc. d/b/a Broadway Bar & Pizza located at 5632 West Broadway. Crystal Broadway Bar & Pizza did not pass a compliance check on May 29. An employee of the business subsequently pled guilty in court to the sale of alcohol to a minor. According to Chapter 12 of City Code this is considered a second liquor violation. After taking any comments from the business, recommend imposition of the civil penalty of a three day license suspension and $1,500 fine. 7.3 The Council will consider civil penalties for violation of liquor license regulations by Chipotle Mexican Grill of Colorado, LLC d/b/a Chipotle Mexican Grill #764 located at 5608 West Broadway. Chipotle did not pass a compliance check on May 29. An employee of the business subsequently pled guilty in court to the sale of alcohol to a minor. According to Chapter 12 of City Code this is considered a second liquor violation. After taking any comments from the business, recommend imposition of the civil penalty of a three day license suspension and $1,500 fine. Crystal City Council Meeting Agenda Sept. 4, 2018 Page 3 of 4 7.4 The Council will consider civil penalties for violation of liquor license regulations by Best Buy International, LLC d/b/a MGM Liquor Warehouse/Crystal located at 6200 56th Ave. N. MGM Liquor Warehouse did not pass a compliance check on May 29. An employee of the business subsequently pled guilty in court to the sale of alcohol to a minor. According to Chapter 12 of City Code this is considered a second liquor violation. After taking any comments from the business, recommend imposition of the civil penalty of a three day license suspension and $1,500 fine. 7.5 The Council will consider civil penalties for violation of liquor license regulations by Binge Time Marketing Corporation d/b/a Lube Liquor at 5924 West Broadway. Lube Liquor did not pass a compliance check on May 29. An employee of the business subsequently pled guilty in court to the sale of alcohol to a minor. According to Chapter 12 of City Code this is considered a first liquor violation. After taking any comments from the business, recommend imposition of the civil penalty of a one day license suspension and $750 fine. 7.6 The Council will consider resolutions approving the 2019 preliminary property tax levy, HRA levy and the 2019 – 2020 preliminary budgets. This year the City Council is considering a two-year budget for 2019 -2020. The City Council reviewed the preliminary levy and budgets at its August 16 and 23 work sessions. Finance Director Jean McGann will provide a brief overview of the 2019 – 2020 budgets and preliminary 2019 property tax levies. Recommend approval of the resolutions approving the 2019 general budget and preliminary property tax levy and accepting the proposed 2020 budget and approving the 2019 proposed Economic Development Authority property tax levy. 7.7 The Council will consider the first reading of an ordinance amending Chapter 9 of the Crystal City Code. At recent work sessions the City Council reviewed drafts of the updated Chapter 9 of the City Code regarding public safety, including emergency management, fire prevention, animal control and intoxicating inhaled substances. Recommend approval of the first reading of the ordinance updating Chapter 9 as discussed. 8. Announcements a. MAC wildlife area grand re-opening ribbon cutting and park expo is Saturday, Sept. 8 at 1 p.m. b. The City Council will hold a work session on Thursday, Sept. 13 at 6:30 p.m. in Conference Room A at City Hall. Crystal City Council Meeting Agenda Sept. 4, 2018 Page 4 of 4 c. Citizen Input Time will resume Monday, September 17 at 6 p.m. in Conference Room A at City Hall. d. The next City Council meeting is Monday, Sept. 17 at 7 p.m. in the Council Chambers at City Hall. e. The Crystal Business Association meets on Wednesday, Sept. 19, at Crystal City Hall in the Community Room. f. 2018 Diaper Need Awareness Week is September 24 – 29. Donate diapers all September at Crystal Community Center. g. Kids Garage Sale is Saturday, Sept. 29 from 7:30 – 11 a.m. at Crystal Community Center. h. The 4th annual Run for Rocco fundraiser is Saturday, Sept. 29 from 8:30 – 10:30 a.m. at Bassett Creek Park. i. Special Materials Drop-off Day is Saturday, Oct. 13 from 8 a.m. – 3 p.m. at the Brooklyn Park Operations and Maintenance Facility, 8300 Noble Ave. N. j. Girl and Boy Scout troops are invited to lead the pledge at City Council meetings. Troops who are interested may contact city staff for information. k. 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. Sept. 4, 2018 Meeting Schedule Time Type of meeting Location 6:30 p.m. First City Council work session to discuss: • Winpark Drive Reconstruction Project update * Conference Room A 6:45 p.m. • Economic Development Authority meeting to consider 2019 HRA property tax levy Council Chambers 7 p.m. City Council meeting Council Chambers Immediately following the City Council meeting Second City Council work session to discuss: • Chapters 10 and 11 of City Code • Constituent issues update • New business * • Announcements * Conference Room A * Denotes no supporting information included in the packet. Have a great long holiday weekend. See you at Tuesday’s meeting. Crystal City Council meeting minutes Aug. 21, 2018 Page 1 of 6 1.Call to Order Pursuant to due call and notice thereof, the regular meeting of the Crystal City Council was held on Aug. 21, 2018 at 7:01 p.m. in the Council Chambers at City Hall, 4141 Douglas Dr. N. in Crystal, Minnesota. Mayor Pro Tem Kolb called the meeting to order. Roll CallMayor Pro Tem Kolb asked the assistant city manager to call the roll for elected officials. Upon rollcall, the following attendance was recorded: Council members present: Parsons, Budziszewski, Dahl, Deshler, Kolb and LaRoche.Absent: Adams. City staff present: City Manager A. Norris, Assistant City Manager/Human Resources ManagerK. Therres, City Attorney T. Gilchrist, Community Development Director J. Sutter, RecreationDirector J. Elholm and Police Chief S. Revering. Pledge of Allegiance Mayor Pro Tem Kolb led the Council and audience in the Pledge of Allegiance. 2.Approval of Agenda The Council considered approval of the agenda. Moved by Council Member LaRoche and seconded by Council Member Parsons to approve the agenda. Motion carried. 3.Appearances 3.1 Police Chief Stephanie Revering addressed the Council. Mayor Pro Tem Kolb conducted the swearing in of Police Officer Zach Fecteau. 3.2 Police Chief Stephanie Revering recognized the 2017 Crystal Police Officers of the Year. 3.3 Dee Everett of National Karate in Crystal presented the Team Crystal travel group. 4.Consent Agenda The Council considered the following items, which are routine and non-controversial in nature, in a single motion: 4.1 Approval of the minutes from the following meetings: a.The City Council meeting on July 17, 2018. b.The City Council work sessions on July 17, 2018. c.The City Council special meeting on Aug. 2, 2018. d.The City Council budget work session on Aug. 16, 2018. 4.2 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. 4.3 Approval of Resolution No. 2018-88, accepting the following donations: a.$500 from Rotary 5950 Foundation for Crystal Police Department DARE program. b.$5,000 from West-Metro Fire Rescue District Firefighters Relief Association for Crystal Frolics. 4.1(a) Crystal City Council meeting minutes Aug. 21, 2018 Page 2 of 6 4.4 Acceptance of Timothy Wodarski’s resignation from the Environmental Quality Commission. 4.5 Approval of Resolution No. 2018-89, authorizing application for funds from Paul’s Pals for Becker Park playground. 4.6 Approval of a solicitor license for Alex Powers of Comcast to go door-to-door in Crystal through Dec. 31, 2018, selling television, internet, telephone and home security services. 4.7 Approval of Resolution No. 2018-90, authorizing the Metropolitan Council Environmental Services (MCES) Inflow & Infiltration (I & I) annual grant program submission. 4.8 Approval of a Resolution No. 2018-91, ordering preparation of an assessment roll, declaring the amount to be assessed and setting the date for 2018 delinquent accounts. 4.9 Approval of Resolution No. 2018-92, appointing Dave Anderson to the Bassett Creek Watershed as Crystal representative. Moved by Council Member Parsons and seconded by Council Member Dahl to approve the consent agenda. Motion carried. 5. Open Forum The following persons addressed the Council during Open Forum: • Kathryn Peterson and Tom Boies. 6. Public Hearings 6.1 The Mayor Pro Tem announced the purpose of the public hearing: To receive comment and consider a resolution vacating a platted drainage and utility easement to be supplanted by a larger easement in the plat of Bass Lake Addition. Community Development Director John Sutter addressed the Council. The Mayor Pro Tem opened the public hearing for testimony. There being no one wishing to appear before the Council to give testimony, Mayor Pro Tem Kolb declared the public hearing closed. Moved by Council Member Parsons and seconded by Council Member Deshler to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2018 – 93 RESOLUTION VACATING A DRAINAGE AND UTILITY EASEMENT IN LES BROWN ADDITION Voting aye: Parsons, Budziszewski, Dahl, Deshler, Kolb and LaRoche. Absent, not voting: Adams. Motion carried, resolution declared adopted. 4.1(a) Crystal City Council meeting minutes Aug. 21, 2018 Page 3 of 6 6.2 The Mayor Pro Tem announced the purpose of the public hearing: To receive comment and consider a resolution approving the sale of 5618 and 5624 Welcome Ave. N. (PID 04-118-21-31-0022 being replatted) for new home construction. Community Development Director John Sutter addressed the Council. The Mayor Pro Tem opened the public hearing for testimony. Lisa Larkins Lott appeared. There being no one else wishing to appear before the Council to give testimony, Mayor Pro Tem declared the public hearing closed. Moved by Council Member Deshler and seconded by Council Member Budziszewski to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 2018 – 94 A RESOLUTION AUTHORIZING THE SALE OF 5618 AND 5624 WELCOME AVENUE NORTH FOR NEW HOUSE CONSTRUCTION Voting aye: Parsons, Budziszewski, Dahl, Deshler, Kolb and LaRoche. Absent, not voting: Adams. Motion carried, resolution declared adopted. 6.3 The Mayor Pro Tem announced the purpose of the public hearing: To receive comment and consider a resolution approving the sale of 5006, 5012 and 5018 Vera Cruz Ave. N. (PID 09-118-21-13-0066 being replatted) for new home construction. Community Development Director John Sutter addressed the Council. The Mayor Pro Tem opened the public hearing for testimony. There being no one wishing to appear before the Council to give testimony, Mayor Pro Tem Kolb declared the public hearing closed. 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. 2018 – 95 A RESOLUTION AUTHORIZING THE SALE OF 5006, 5012 AND 5018 VERA CRUZ AVENUE NORTH FOR NEW HOUSE CONSTRUCTION Voting aye: Parsons, Budziszewski, Dahl, Deshler, Kolb and LaRoche. Absent, not voting: Adams Motion carried, resolution declared adopted. 4.1(a) Crystal City Council meeting minutes Aug. 21, 2018 Page 4 of 6 6.4 The Mayor Pro Tem announced the purpose of the public hearing: To receive comment and consider a resolution approving the sale of 2949 Yukon Ave. N. (PID 19-118-21-42-0127) for new home construction. Community Development Director John Sutter addressed the Council. The Mayor Pro Tem opened the public hearing for testimony. There being no one wishing to appear before the Council to give testimony, Mayor Pro Tem Kolb declared the public hearing closed. 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. 2018 – 96 A RESOLUTION AUTHORIZING THE SALE OF 2949 YUKON AVENUE NORTH FOR NEW HOUSE CONSTRUCTION Voting aye: Parsons, Budziszewski, Dahl, Deshler, Kolb and LaRoche. Absent, not voting: Adams. Motion carried, resolution declared adopted. 7.Regular Agenda 7.1 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 Parsons to approve the list of disbursements over $25,000. Voting aye: Parsons, Budziszewski, Dahl, Deshler, Kolb and LaRoche. Absent, not voting: Adams. Motion carried. 7.2 The Council considered approval of the West Metro Fire-Rescue District 2019 budget. Moved by Council Member LaRoche and seconded by Council Member Budziszewski to approve West Metro Fire-Rescue District 2019 budget. Voting aye: Parsons, Budziszewski, Dahl, Deshler, Kolb and LaRoche. Absent, not voting: Adams. Motion carried. 4.1(a) Crystal City Council meeting minutes Aug. 21, 2018 Page 5 of 6 7.3 The Council considered a resolution approving a preliminary and final plat for Bass Lake Addition. Community Development Director John Sutter 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. 2018 – 97 RESOLUTION APPROVING BASS LAKE ADDITION PRELIMINARY AND FINAL PLAT Voting aye: Parsons, Budziszewski, Dahl, Deshler, Kolb and LaRoche. Absent, not voting: Adams. Motion carried, resolution declared adopted. 7.4 The Council considered a resolution approving a preliminary and final plat for Cavanagh View Addition. Community Development Director John Sutter 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. 2018 – 98 RESOLUTION APPROVING CAVANAGH VIEW ADDITION PRELIMINARY AND FINAL PLAT Voting aye: Parsons, Budziszewski, Dahl, Deshler, Kolb and LaRoche. Absent, not voting: Adams. Motion carried, resolution declared adopted. 7.5 The Council considered a resolution approving dimensional and setback variances for Lot 3, Block 1, Cavanagh View Addition, 5018 Vera Cruz Ave. N. Community Development Director John Sutter addressed the Council. 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. 2018 – 99 RESOLUTION APPROVING A VARIANCE FOR 5018 VERA CRUZ AVENUE NORTH Voting aye: Parsons, Budziszewski, Dahl, Deshler, Kolb and LaRoche. Absent, not voting: Adams. Motion carried, resolution declared adopted. 8.Announcements The Council made several announcements about upcoming events. 4.1(a) Crystal City Council meeting minutes Aug. 21, 2018 Page 6 of 6 9.Adjournment Moved by Council Member Budziszewski and seconded by Council Member Deshler to adjourn the meeting. Motion carried. The meeting adjourned at 8:25 p.m. __________________________________ Jeff Kolb, Mayor Pro Tem ATTEST: _________________________________________ Kim Therres, Assistant City Manager 4.1(a) Crystal City Council work session minutes Aug. 21, 2018 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 6:20 p.m. on Aug. 21, 2018 in Conference Room A, 4141 Douglas Dr. N., Crystal, Minnesota. Mayor Pro Tem Kolb called the meeting to order. I.Attendance The assistant city manager recorded the attendance for City Council members and staff: Council members present: LaRoche, Parsons, Budziszewski, Dahl, Deshler and Kolb.Absent: Adams. City staff present: City Manager A. Norris, Assistant City Manager/Human Resources Manager K. Therres, Public Works Director/City Engineer M. Ray, Recreation, Director J. Elholm and City Attorney T. Gilchrist. II.Agenda The Council and staff discussed the following agenda items: 1.Winnetka Pond Sediment Removal Project Update. 2.City Code Chapter 20 Policy Matrix. 3.City Code Chapter 9. 4.Constituent Issues Update. 5.City Manager monthly update. 6.New business. 7.Announcements. The work session adjourned at 6:57 p.m. ________________________________ Jeff Kolb, Mayor Pro Tem ATTEST: Kimberly Therres, Assistant City Manager 4.1(b) Crystal City Council budget work session minutes Aug. 23, 2018 Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, the budget work session of the Crystal City Council was held at 6:39 p.m. on Aug. 23, 2018 in the Community Room at 4141 Douglas Dr. N., Crystal, Minnesota. Council member Deshler called the meeting to order. I.Attendance The city manager recorded the attendance for City Council members and staff: Council members present: Parsons, Budziszewski, Dahl, Deshler, Kolb and LaRoche. Absent: Adams. City staff present: City Manager A. Norris, Assistant City Manager/Human Resources Manager K. Therres, Recreation Director J. Elholm, Finance Director J. McGann, Public Works Director M. Ray, Police Chief S. Revering and Community Development Director J. Sutter. II.Agenda The Council and staff discussed the following agenda items: 1.Long Term Capital Plan. 2.Financial Policies. 3. 2019-2020 budget – follow up questions. III.Adjournment The work session adjourned at 8:33 p.m. ________________________________ Jeff Kolb, Mayor Pro Tem ATTEST: Anne Norris, City Manager 4.1(c) Page 1 of 1 City of Crystal Council Meeting September 4, 2018 Applications for City License Rental – New 3539 Zane Ave N – Cerberus SFR Holdings II LP (Conditional) 7917 33rd Pl. N. – Nasir Pur (Conditional) 6521 44th Ave. N. – Mary Shanley (Conditional) Rental – Renewal 4111 Adair Ave. N. – Donald G Mattox (Conditional) 5023 Angeline Ave. N. – JDA Group LLC (Conditional) 3648 Colorado Ave. N. – D N Real Estate LLC (Conditional) 5115 Douglas Dr. N. – Joy Joyce LLC (Conditional) 5732 Elmhurst Ave. N. – B & J Hedlund (Conditional) 5764 Elmhurst Ave. N. – Damon & Jamie Galbreath (Conditional) 3213 Florida Ave. N. – SVK Development LLC 4709 Hampshire Ave. N. – Iasis II LLC (Conditional) 5943 Idaho Ave. N. – Seth Jacobson (Conditional) 5701 Maryland Ave. N. – Conchita Armendariz (Conditional) 5817 Orchard Ave. N. – JDA Group LLC (Conditional) 3425 Quail Ave. N. – Jeff & Michelle Petersen (Conditional) 5536 Regent Ave. N. – Cosco Property IV LLC (Conditional) 3018 Virginia Ave. N. – Kevin & Pamela Olson 3041 Virginia Ave. N. – Sarah Edstrom (Conditional) 4323 Xenia Ave. N. – JDA Group LLC (Conditional) 5509 Yates Ave. N. – Warren Jeung (Conditional) 4.2 CITY OF CRYSTAL RESOLUTION NO. 2018 - RESOLUTION ACCEPTING DONATIONS FROM DONATION BOXES 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 Donation Boxes Crystal Police K-9 Unit $249.21 Lions Club of Crystal Crystal Frolics $600.00 AND, BE IT FURTHER RESOLVED that the Crystal City Council sincerely thanks the above- named for their generous donation. Dated: Sept. 4, 2018 By: __________________________ Jim Adams, Mayor ATTEST: ______________________________ Chrissy Serres, City Clerk 4.3 - 1 - Agreement No. PW 39-09-18 County State Aid Highway 10 County Project No. 2180500 City of Crystal County of Hennepin COOPERATIVE AGREEMENT THIS AGREEMENT, made and entered into this _________ day of _______________, 20___, by and between the County of Hennepin, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "County", and the City of Crystal, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "City". WITNESSETH: WHEREAS, the City is constructing streetscape and pedestrian facilities along Bass Lake Road/56th Ave (CSAH 10) in the City of Crystal, as shown on the plans for City Project No. 2018-07 (County Project No. 2180500), and which shall hereinafter be referred to as the “Project”; and WHEREAS, the City or its agents shall be responsible to develop the plans and specifications for the Project; and WHEREAS, the City has requested that the County approve said plans and specifications, and the County has indicated its willingness to approve said plans and specifications provided that the Project include additional Americans with Disabilities Act (ADA) upgrades, specifically Accessible Pedestrian Signals along with pedestrian ramp upgrades, which shall hereinafter be referred to as “ADA upgrades”; and WHEREAS, the City or its agents shall be responsible for administering construction of the Project and has adequate personnel available to perform the construction staking, testing, inspection and development of as-built plans required on the Project; and WHEREAS, the Project is eligible for participation under Hennepin County’s cost participation policy; and WHEREAS, the County will participate in its share of the costs to construct the Project as set forth herein; and 4.4 Agreement No. PW 39-09-18 CSAH 10; CP 2180500 - 2 - WHEREAS, it is contemplated that said work be carried out by the parties hereto under the applicable provisions of Minnesota Statutes; and WHERAS, it is anticipated that construction of the Project will begin in calendar year 2018. NOW THEREFORE, IT IS HEREBY AGREED: I The City shall be the lead agency and it or its agents shall be responsible to ensure that all work and services required for the completion of the Project are in accordance with the provisions provided for herein, as well as any and all applicable laws, regulations and guidelines. The City or its agents shall be responsible for the collection of any and all data required to complete the Project. It is understood that the County will provide the City with existing pertinent data as may be available. All plans, designs and reports prepared in accordance herewith shall be prepared by or under the direct supervision of a professional engineer, registered in the State of Minnesota, and said plans, designs and reports shall be certified as required by law. II At the request of the County, the City or its agents shall furnish the County with any working copies of any plans, designs or reports at any time during the Project design process. The County retains the right to, at any time, review and comment on the plans, designs or reports of the City or its agents in regards to the Project proposed herein. III The City shall be responsible for the accuracy of the work of its agents and shall ensure that all necessary revisions or corrections resulting from errors and omissions on the part of the City or its agents are promptly made without additional compensation by the County. Acceptance of the work by the County shall in no way relieve the City or its agents of the responsibility for subsequent corrections of any such errors or omissions and also the clarification of any ambiguities. IV The construction of this Project shall be under the supervision and direction of the City Engineer or designated representative. All work for the Project shall be completed in compliance with 4.4 Agreement No. PW 39-09-18 CSAH 10; CP 2180500 - 3 - the County approved plans and specifications. The County’s Transportation Project Delivery Department Director and representative staff shall have the right, at all reasonable times as the work progresses, to enter upon the premises to make any inspections deemed necessary and shall cooperate with the City Engineer and staff at their request to the extent necessary. It is further understood and agreed that the City shall furnish the County copies of all completed reports, plans, layouts or documents prepared by its consultant engineer related to the preliminary design engineering for the Project, including all pertinent electronic files, as provided for herein. Once the construction work is complete, and prior to invoicing the County for the Project costs, the City will complete compliance checklists for both curb ramps and APS for all quadrants where work was performed. Completed checklists will be sent by the City to the County following the electronic process indicated in the “Required checklist for ADA construction within Hennepin County right-of-way” pull down on the Hennepin County ADA sidewalk accessibility plan webpage. https://www.hennepin.us/residents/transportation/ada-transition-plan V The County will participate in the construction costs for the ADA upgrades as provided herein. The County’s cost participation shall be a not to exceed amount of Fifteen Thousand Three Hundred Five Dollars and No Cents ($15,305.00). The City understands and agrees that the County’s total and only cost participation for the ADA upgrades shall be $15,305.00. Upon completion of the ADA upgrades the City shall notify the County and submit an invoice for one hundred percent (100%) of the County’s share of the costs for the ADA upgrades. Said invoice shall include summary documentation of total project costs. Upon approval and acceptance of the completed ADA upgrades by the County’s Transportation Project Delivery Department Director or designated representative and within forty-five (45) days of said invoice, the County shall reimburse the City for its share of the costs for the ADA upgrades. Said invoice should include the date of the invoice, the invoice number, the name of the project manager (Mr. Derek Sunstrom, P.E.), project name and county project number (C.P. 2180500), contract number and purchase order number. Invoices and supporting documentation should be mailed to: Hennepin County Accounts Payable, P.O. Box 1388, Minneapolis, MN 55440-1388. An electronic copy of all invoices should also be submitted to Mr. Derek Sunstrom, P.E. at derek.sunstrom@hennepin.us The County will within forty five (45) days of said invoice, deposit with the City funds totaling the amount of said invoice. 4.4 Agreement No. PW 39-09-18 CSAH 10; CP 2180500 - 4 - VI It is understood and agreed by the parties hereto that upon completion of the Project, with the exception of crosswalk pavement markings, pedestrian ramps and sidewalks, all county owned assets within Hennepin County right of way will be operated and maintained by the County. Year round crosswalk markings, pedestrian ramps and sidewalk maintenance (heaving, spalling, tripping hazards, snow and dirt removal, etc.) shall be the responsibility of the City and the City shall continue to provide and pay for power to the traffic signals and street lights. VII All records kept by the City and the County with respect to this project shall be subject to examination by the representatives of each party hereto. VIII The City agrees to defend, indemnify and hold harmless the County, its officials, officers, agents, volunteers, and employees from any liability, claims, causes of action, judgments, damages, losses, costs or expenses, including reasonable attorneys’ fees, resulting directly or indirectly from any act or omission of the City or said city’s consultant or sub consultant, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable in the performance of the services required by this contract, and against all loss by reason of the failure of the City to perform fully, in any respect, all obligations under this contract. The City’s liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 or other applicable law. IX It is agreed that each party to this Agreement or their agents shall not be responsible or liable to the other party or to any other person whomsoever for any liabilities, claims, actions or causes of actions, judgments, damages, loses, fines, penalties, expenses of any kind or character arising out of or by reason of the performance of any design or construction work or part hereof by the other as provided herein; and each party further agrees to defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising in connection with or by virtue of performance of its own work as provided herein. The County's and the City’s liability is governed by the provisions of Minnesota Statutes, Chapter 466. The County and the City each warrant that they are able to comply with the aforementioned 4.4 Agreement No. PW 39-09-18 CSAH 10; CP 2180500 - 5 - indemnity requirements through an insurance or self-insurance program. X It is further agreed that any and all employees of the City and all other persons engaged by said City in the performance of any work or services required or provided for herein to be performed by the City shall not be considered employees of the County, and that any and all claims that may or might arise under the Workers' Compensation Act or the Minnesota Economic Security Law on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the County. XI Any alteration, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement and signed by the parties hereto. XII The provisions of Minnesota Statutes 181.59 and of any applicable local ordinance relating to civil rights and discrimination and the Affirmative Action Policy statement of Hennepin County shall be considered a part of this Agreement as though fully set forth herein. XIII The matters set forth in the "whereas" clauses at the beginning of this Agreement are incorporated into and made a part hereof by this reference. (this space left intentionally blank) 4.4 Agreement No. PW 39-09-18 CSAH 10; CP 2180500 - 6 - IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF CRYSTAL (Seal) By: Mayor Date: And: Manager Date: 4.4 Agreement No. PW 39-09-18 CSAH 10; CP 2180500 - 7 - COUNTY OF HENNEPIN ATTEST: By: By: Deputy/Clerk of the County Board Chair of its County Board Date: Date: APPROVED AS TO FORM: And: County Administrator By: Date: Assistant County Attorney And: Date: Assistant County Administrator, Public Works Date: APPROVED AS TO EXECUTION: RECOMMENDED FOR APPROVAL By: By: Assistant County Attorney Director, Transportation Project Delivery Department Date: Date: RECOMMENDED FOR APPROVAL By: Director, Transportation Operations Department Date: 4.4 Memorandum DATE: September 4, 2018 TO: City Council FROM: Mark Ray, PE, Director of Public Works SUBJECT: Revising Private Sanitary Sewer Repair Assessment for 5633 Twin Lake Terrace N. Summary Contractors have completed the Phase 16 Street reconstruction improvements. As part of the street reconstruction work, residents could participate in an optional (at extra cost) driveway replacement and/or private sanitary sewer service repair program. The costs would be assessed against the owner’s property. The resident of 5633 Twin Lake Terrace opted to participate in the private sanitary sewer service repair program, but just before the work was to be performed, told the contractor not to proceed with the work. The work was not performed and the contractor was not paid, but the property was still assessed. Recommended Action Motion to approve a resolution cancelling the private sanitary sewer repair assessment for 5633 Twin Lake Terrace N. 4.5 CITY OF CRYSTAL RESOLUTION NO. 2018 - RESOLUTION REVISING ASSESSMENT FOR 5633 TWIN LAKE TERRACE N, PID 04-118-21-41-0014 WHEREAS, the property at 5633 Twin Lake Terrace N, PID 04-118-21-41- 0014; was assessed for private driveway construction and sanitary sewer service repair levy 19831 for taxes payable beginning 2018 for a total principal amount of $4,031.00; and WHEREAS, the property owner opted to participate in the voluntary private sanitary sewer repair program; and WHEREAS, the property owner verbally told the contractor not to proceed with the private sanitary sewer program project; and WHEREAS, the property was still assessed for the private sanitary sewer repair work; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Crystal, Minnesota, hereby: 1. Approves cancelling the assessment for levy 19831 for taxes payable in 2018 and future years at 5633 Twin Lake Terrace N, PID 04-118-21-41- 0014; and 2. Directs staff to provide notice of this to the Hennepin County Taxpayer Services Department. Adopted by the City Council of the City of Crystal this 4th day of September, 2018. _______________________ Jim Adams, Mayor ATTEST: _______________________ Christina Serres, City Clerk 4.5 __________________________________________________________________________ FROM: Chrissy Serres, City Clerk __________________________________________________________________________ DATE: Aug. 23, 2018 TO: Mayor and City Council City Manager Anne Norris CC: Police Chief Stephanie Revering City Attorney Troy Gilchrist RE: Consideration of a new off-sale liquor license for SUPERVALU, Inc. d/b/a Cub Wine and Spirits located at 5301 36th Ave. N. Background The applicant, SUPERVALU, Inc., is proposing to add an off-sale liquor store to the current grocery store and seeking approval for a new off-sale liquor license. The proposed liquor store, Cub Wine and Spirits, will occupy approximately 5,200 square feet of the existing space and have its own separate entrance. The anticipated opening date of the new liquor store is Oct. 8, 2018. Presently, SUPERVALU, Inc. d/b/a Cub Foods holds an off-sale 3.2 percent malt liquor license at the property. Application review The qualifications of the applicant meet City Code Section 1200 and staff has reviewed the license application. A background check was completed by the Police Department and Chief Revering finds no reason to prohibit issuance of the license. Notice of the attached Sept. 4 public hearing was published in the Sun Post on Aug. 23 and mailed to owners within 500 feet. Requested Council action Recommend approval of the new off-sale liquor license for SUPERVALU, Inc. d/b/a Cub Wine and Spirits located at 5301 36th Ave. N. COUNCIL STAFF REPORT Regular Agenda: Sept. 4, 2018 Council Meeting Consideration of a new off-sale liquor license for SUPERVALU, Inc. d/b/a Cub Wine and Spirits 6.1 CITY OF CRYSTAL NOTICE OF PUBLIC HEARING TO CONSIDER AN OFF-SALE LIQUOR LICENSE AT 5301 36TH AVE. N. Notice is hereby given that the Crystal City Council will hold a public hearing on Sept. 4, 2018 at 7 p.m. in the Council Chambers located at 4141 Douglas Drive N., to consider an off-sale liquor license at 5301 36th Ave. N. submitted by SUPERVALU, Inc. d/b/a Cub Wine and Spirits. 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 6.1 7.2 7.2 7.3 7.3 FROM: DATE: TO: COUNCIL STAFF REPORT Regular Agenda: Sept. 4, 2018 Co uncil Meeting Consideration of civil penalties for Best Buy Beverage International, LLC d/b/a MGM Liquor Wareho use/Crystal for violation of liquor license regulations Chrissy Serres, City Clerk Aug.23,2018 Mayor and City Council City Manager Anne Norris CC: Police Chief Stephanie Revering City Attorney Troy Gilchrist RE: Consideration of civil penalties for violation of liquor license regulations by Best Buy Beverage International, LLC d/b/a MGM Liquor Warehouse/Crystal located at 6200 56th Ave. N. Background On May 29, 2018 alcohol compliance checks were conducted by Crystal Police Department at licensed liquor establishments in Crystal. MGM Liquor Warehouse/Crystal did not pass this compliance check. An employee of the business has since pleaded guilty in court to the sale of alcohol to a minor, which is a violation of state law and Crystal City Code § 1200.35. The attached notice was mailed to the liquor licensee on Aug. 23, 2018. This is considered a second liquor violation for this licensee. The previous violation occurred on Dec. 23, 2016. Requested Council action Consistent with City Code, staff recommends MGM Liquor Warehouse/Crystal receive a three-day license suspension and civil fine of $1,500 with the city clerk determining the date of the license suspension and payment date of the fine. 7.4 7.4 7.5 7.5 7.6 7.6 7.6 7.6 7.6 7.6 7.6 7.6 7.6 7.6 7.6 7.6 7.6 7.6 7.6 7.6 7.6 7.6 7.6 7.6 7.6 7.6 7.7 7.7 7.7 7.7 7.7 7.7 7.7 7.7 7.7 7.7 7.7 7.7 7.7 7.7 7.7 7.7 7.7 7.7 7.7 7.7 7.7 7.7 7.7 7.7 7.7 7.7 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Posted: August 30, 2018 City Council Work Session Agenda Sept. 4, 2018 Immediately following the City Council meeting Conference Room A Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, the work session of the Crystal City Council was held at ______ p.m. on Sept. 4, 2018 in Conference Room A, 4141 Douglas Dr. N., Crystal, Minnesota. I. Attendance Council Members Staff ____ Adams ____ Norris ____ Budziszewski ____ Therres ____ Dahl ____ Ray ____ Deshler ____ Sutter ____ Kolb ____ Revering ____ LaRoche ____ Gilchrist ____ Parsons ____ Serres II. Agenda The purpose of the work session is to discuss the following agenda items: 1. Chapters 10 and 11 of the City Code 2. Constituent Issues Update 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.