2019.12.03 Council Meeting Packet
4141 Douglas Drive North • Crystal, Minnesota 55422-1696
Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov
Posted: November 27, 2019
City Council Meeting Schedule
Tuesday, December 3, 2019
Time Type of meeting Location
7:00 p.m. City Council Meeting Council Chambers
Immediately
following City
Council meeting
City Council Work Session to discuss:
2020 budget and tax levy.
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
City Council Meeting Agenda
Tuesday, December 3, 2019
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. Consent Agenda
The Council will consider the following items, which are routine and non-controversial in nature, in a
single motion:
3.1. Approval of the minutes from the following meetings:
a. The City Council work session on November 14, 2019.
b. The City Council special meeting on November 19, 2019.
c. The City Council meeting on November 19, 2019.
d. The City Council work session on November 19, 2019.
3.2. 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.
3.3. Approval of a resolution accepting the following donations:
a. $1,000 from Crystal Lions Club for 2020 Crystal Frolics.
b. $3,000 from West Metro Fire-Rescue Relief Association for 2020 Crystal Frolics.
3.4. Approval of a resolution making annual insurance elections.
3.5. Approval of a resolution authorizing Crystal Lake Trail Agreement with Three Rivers Park District.
3.6. Approval of a resolution authorizing transfer of ownership of the Hwy 100 pedestrian bridge to
Three Rivers Park District.
3.7. Approval of a resolution authorizing the Stormwater Agreement with Twin Lake North
Condominium Association.
Crystal City Council Meeting Agenda
December 3, 2019
Page 2 of 3
4. 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.)
5. Public Hearings
5.1. The Mayor will open a public hearing to receive comment, regarding the 2020 budget, and 2020
property tax and Housing and Redevelopment Authority levies.
In light of the City Council’s November 19 discussion of the 2020 budget and levy, the
December 3 meeting will be to review the 2020 budget and overall tax levy (as directed at the
November 19 discussion). The City Council will discuss various options for the 2020 levy at
work sessions before the Council considers the 2020 budget and 2020 property tax and HRA
levies at its December 17 meeting. The City Council should take any public comment.
5.2. They Mayor will open a public hearing to receive comment, and the Council will consider a
resolution vacating a platted alley between 3537 Douglas Drive North and 6319 36th Avenue
North.
This platted alley between 3537 Douglas and 6319 – 36th Avenue has never been improved or
maintained by the city. It contains a private driveway built and maintained by the owner of
the commercial property at 3537 Douglas which is also used by the home at 6319 36th Avenue
North. Both owners have petitioned the city to vacate the alley so its legal status matches
the practical reality of the situation. After holding the public hearing recommend approval of
the resolution vacating this alley.
6. Regular Agenda
6.1. 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.
6.2. The Council will consider approval of a contract with the City of Brooklyn Park for environmental
health services in 2020.
This annual contract with Brooklyn Park is for environmental health services for inspecting
licensed massage enterprises or assisting with garbage houses or other similar, challenging
situations. Approval of the 2020 contract is recommended.
Crystal City Council Meeting Agenda
December 3, 2019
Page 3 of 3
6.3. The Council will consider the second reading of an ordinance adopting the recodification of the
Crystal City Code and a resolution approving its summary publication.
Over the last several years the City Code Review Task Force and City Council have been
reviewing and updating the City Code. The reformatted and recodified version of the City
Code is complete and at its November 19 meeting, the City Council approved the first reading
of the ordinance recodifying the City Code. Due to its size, the proposed recodification is
available on the City Code page of the city’s website. Recommend approval of the second
reading of the ordinance adopting the recodified City Code and resolution approving its
summary publication.
6.4. The Council will consider a Memorandum of Understanding with International Union of
Operating Engineers, Local 49 (Public Works).
The IUOE, Local 49 (Public Works) is the only employee group left to settle health insurance
benefits for 2020. The proposed Memo of Understanding is consistent with the 2020 health
insurance contributions approved for all other city employees. Recommend approval of the
Memo of Understanding with Local 49 regarding 2020 health insurance contributions.
7. Announcements
a. Crystal Sparkles Holiday Lighting Contest nomination deadline is Thursday, Dec. 12. Nomination
forms are available at Crystal Community Center and www.crystalmn.gov.
b. The Crystal Business Association meets Wednesday, December 18 at 11:30 a.m. at Pizza Ranch.
c. City offices will be closed December 24 and 25, in observance of the Christmas Eve and Christmas
Day holidays.
d. The next City Council meeting is Tuesday, December 17 at 7 p.m. in the Council Chambers at City
Hall.
e. Local organizations are invited to lead the pledge at City Council meetings; contact city staff for
information.
f. City Council meetings and work sessions are open to the public. Current and previous meetings
are available for viewing and listening at www.crystalmn.gov.
8. Adjournment
* Denotes no supporting information included in the packet.
Have a great Thanksgiving holiday and long weekend; see you at Tuesday’s meeting.
Crystal City Council work session minutes Nov. 14, 2019
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 6:30 p.m. on Nov. 14, 2019 in Conference
Room A, 4141 Douglas Dr. N., Crystal, Minnesota. Mayor Adams called the meeting to order.
I.Attendance
The assistant city manager recorded the attendance for City Council members and staff:
Council members present: Kiser, LaRoche, Adams, Banks and Deshler.Absent: Parsons and Budziszewski.
City staff present: Assistant City Manager/Human Resources Manager K. Therres, City Attorney
T. Gilchrist and City Clerk C. Serres.
Also present: Charter Commissioners Harley Heigel and Joseph Selton, Jr.
II.Agenda
The Council and staff discussed the following items:
1.Appearance by District Court Head Judge Ivy Bernhardson.
2.Commission candidate interviews.
3.Request from Charter Commission regarding access to tobacco products.
III.Adjournment
The work session adjourned at 8:30 p.m.
________________________________
Jim Adams, Mayor
ATTEST:
Kim Therres, Assistant City Manager
3.1(a)
Crystal City Council special meeting minutes Nov. 19, 2019
Page 1 of 1
1.Call to Order
Pursuant to due call and notice thereof, the special meeting of the Crystal City Council was held on
Nov. 19, 2019 at 5 p.m. in Conference Room A, 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: LaRoche, Parsons, Adams, Budziszewski, Deshler and Kiser.
Absent: Banks.
City staff present: Assistant City Manager/Human Resources Manager K. Therres, City Attorney
T. Gilchrist, Finance Director J. McGann, Recreation Director J. Elholm, Police Chief S. Revering, Fire
Chief S. Larson and City Clerk C. Serres.
2.Approval of Agenda
The Council considered approval of the agenda.
Moved by Council Member LaRoche and seconded by Council Member Deshler to approve the
agenda.
Motion carried.
3.Regular Agenda
3.1 The Council discussed the 18% property tax levy increase.
Moved by Mayor Adams and seconded by Council Member Parsons to direct staff to provide
alternatives for a 9.03% property tax levy and allocate as follows: 3% cost of living increase to
the General, Economic Development Authority and Capital Improvement funds, and 6% to the
Capital Improvement fund, 1% of which to be allocated to the Park Improvement fund.
Voting aye: Deshler, LaRoche, Parsons, Adams.
Voting nay: Kiser, Budziszewski.
Absent, not voting: Banks.
Motion carried.
4.Adjournment
Moved by Council Member LaRoche and seconded by Council Member Parsons to adjourn the
meeting.
Motion carried.
The meeting adjourned at 5:49 p.m.
_____________________________________
Jim Adams, Mayor
ATTEST:
__________________________________
Chrissy Serres, City Clerk
3.1(b)
Crystal City Council meeting minutes Nov. 19, 2019
Page 1 of 4
1.Call to Order
Pursuant to due call and notice thereof, the regular meeting of the Crystal City Council was held on
Nov. 19, 2019 at 7 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: LaRoche, Parsons, Adams, Budziszewski, Deshler and Kiser.
Absent: Banks.
City staff present: Assistant City Manager/Human Resources Manager K. Therres, City Attorney
T. Gilchrist, Finance Director J. McGann, Public Works Director/City Engineer M. Ray, Fire Chief
S. Larson, Police Chief S. Revering and City Clerk C. Serres.
Pledge of Allegiance
Scout Troop 141 conducted the Presentation of Colors and 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 Deshler to approve the
agenda.
Motion carried.
3.Consent Agenda
The Council considered the following items, which are routine and non-controversial in nature, in a
single motion:
3.1 Approval of the minutes from the following meetings:
a.The City Council meeting on November 5, 2019.
b.The City Council work session on November 5, 2019.
3.2 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.
3.3 Approval of Resolution No. 2019-89, accepting a donation of $30 from Buffalo Wild Wings for
Becker Park.
3.4 Approval of Resolution No. 2019-90, amending Appendix IV of the City Code, the 2020 Fee
Schedule, regarding recycling fees.
3.5 Acceptance of the Body Worn Camera Audit Report.
3.1(c)
Crystal City Council meeting minutes Nov. 19, 2019
Page 2 of 4
Moved by Council Member Parsons and seconded by Council Member Deshler to approve the
consent agenda.
Voting aye: LaRoche, Parsons, Budziszewski, Deshler and Kiser.
Abstention: Adams.
Absent, not voting: Banks.
Motion carried.
4. Open Forum
No public comment was given during open forum.
5. Public Hearing
5.1 Mayor Adams announced the purpose of the public hearing:
To receive comment and consider a new off-sale liquor license for DKK, LLC d/b/a Crystal Wine
and Spirits, located at 4920 West Broadway and to potentially impose civil penalties for
violations.
City Clerk Chrissy Serres and City Attorney T. Gilchrist addressed the Council.
Mayor Adams opened the public hearing for testimony and provided an opportunity for the
applicant to be heard by the council. Applicant/owner David Kruger addressed the Council.
There being no one else wishing to appear before the Council to give testimony, Mayor Adams
declared the public hearing closed.
Moved by Council Member Deshler and seconded by Council Member Kiser to approve the off-
sale liquor license for DKK, LLC, d/b/a Crystal Wine and Spirits, located at 4920 West Broadway.
By roll call and voting aye: Kiser, Parsons, Adams, Budziszewski and Deshler.
Voting nay: LaRoche.
Absent, not voting: Banks.
Motion carried.
Moved by Mayor Adams and seconded by Council Member Budziszewski to impose a $2,000
fine and 10-day license suspension to DKK, LLC d/b/a Crystal Wine and Spirits, located at 4920
West Broadway, for operating without a license.
Moved by Council Member Kiser and seconded by Council Member Deshler to amend the above
motion and impose a $500 fine and a 10-day license suspension to DKK, LLC d/b/a Crystal Wine
and Spirits, located at 4920 West Broadway, for operating without a license.
By roll call and voting aye: Deshler and Kiser.
Voting nay: LaRoche, Parsons, Adams and Budziszewski.
Absent, not voting: Banks.
Motion failed on the amendment.
3.1(c)
Crystal City Council meeting minutes Nov. 19, 2019
Page 3 of 4
The Council voted on the original motion to impose a $2,000 fine and 10-day license suspension
to DKK, LLC d/b/a Crystal Wine and Spirits, located at 4920 West Broadway, for operating
without a license.
By roll call and voting aye: LaRoche, Parsons, Adams, Budziszewski, Deshler and Kiser.
Absent, not voting: Banks.
Motion carried.
6. Regular Agenda
6.1 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: LaRoche, Parsons, Adams, Budziszewski, Deshler and Kiser.
Absent, not voting: Banks.
Motion carried.
6.2 The Council considered resolutions authorizing the partial redemption of bonds Series 2008A
and 2009A.
Finance Director Jean McGann addressed the Council.
Moved by Council Member Deshler and seconded by Council Member LaRoche to adopt the
following resolution:
RESOLUTION NO. 2019 – 91
RESOLUTION PROVIDING FOR THE PREPAYMENT AND
REDEMPTION OF THE CITY’S OUTSTANDING GENERAL
OBLIGATION IMPROVEMENT BONDS, SERIES 2008A
Voting aye: LaRoche, Parsons, Adams, Budziszewski, Deshler and Kiser.
Absent, not voting: Banks.
Motion carried, resolution declared adopted.
Moved by Council Member Deshler and seconded by Council Member LaRoche to adopt the
following resolution:
RESOLUTION NO. 2019 – 92
RESOLUTION PROVIDING FOR THE PREPAYMENT AND
REDEMPTION OF A PORTION OF THE CITY’S OUTSTANDING
GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2009A
Voting aye: LaRoche, Parsons, Adams, Budziszewski, Deshler and Kiser.
Absent, not voting: Banks.
Motion carried, resolution declared adopted.
3.1(c)
Crystal City Council meeting minutes Nov. 19, 2019
Page 4 of 4
6.3 The Council considered first reading of an ordinance adopting the recodification of the Crystal
City Code.
City Attorney Troy Gilchrist addressed the Council.
Moved by Council Member LaRoche and seconded by Council Member Parsons to adopt the
following ordinance, the reading of which was dispensed with by unanimous consent:
ORDINANCE NO. 2019 – 05
AN ORDINANCE ADOPTING THE
RECODIFICATION OF THE CRYSTAL CITY CODE
And further, that the second and final reading will be held on December 3, 2019.
Voting aye: LaRoche, Parsons, Adams, Budziszewski, Deshler and Kiser.
Absent, not voting: Banks.
Motion carried.
7. Announcements
The Council made several announcements about upcoming events.
8. Adjournment
Moved by Council Member Deshler and seconded by Council Member Budziszewski to adjourn the
meeting.
Motion carried.
The meeting adjourned at 8:03 p.m.
_____________________________________
Jim Adams, Mayor
ATTEST:
__________________________________
Chrissy Serres, City Clerk
3.1(c)
Crystal City Council work session minutes Nov. 19, 2019
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 Nov. 19, 2019 in Conference
Room A, 4141 Douglas Dr. N., Crystal, Minnesota. Mayor Adams 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, Adams, Budziszewski, Deshler and Kiser.Absent: Banks.
City staff present: Assistant City Manager/Human Resources Manager K. Therres.
II.Agenda
The Council and staff discussed the following items:
1.Commission candidate interviews.
2.Constituent issues update.
3.City manager monthly check-in.
4.New business.
5.Announcements.
III.Adjournment
The work session adjourned at 6:47 p.m.
________________________________
Jim Adams, Mayor
ATTEST:
Kimberly Therres, Assistant City Manager
3.1(d)
Page 1 of 1
City of Crystal Council Meeting
December 3, 2019
Applications for City License
Rental – New
5115 Edgewood Ave. N. – Bone Creek Partners LLC (Conditional)
5146 Edgewood Ave. N. – Bone Creek Partners LLC (Conditional)
2725-2727 Hampshire Ave. N. – Guy H Proels Living Trust (Conditional)
3524 Kyle Ave. N. – TZK Corp (Conditional)
6828 50th Ave. N. – Robert Brewer (Conditional)
Rental – Renewal
5757 Adair Ave. N. – Invitation Homes (Conditional)
4401 Brunswick Ave. N. – Rebekah and Jim Archer
6425 Cloverdale Ave. N. – Surinder Mohan Sharma (Conditional)
3141 Douglas Dr. N. – Mike Halek
3317 Douglas Dr. N. – Four Seasons (Conditional)
3408 Douglas Dr. N. – Wally Anderson (Conditional)
3816 Douglas Dr. N. – Thomas Eickholt
4609 Hampshire Ave. N. – Maggie (Archer) Majewski
5407 Hampshire Ave. N. – CBB Property Management (Conditional)
5331 Kentucky Ave. N. – Brad Buechele
5936 Kentucky Ave. N. – Aaron Voreis (Conditional)
8427 Northern Dr. – IH2 Property Illinois LP (Conditional)
5448 Orchard Ave. N. – Brian Gustafson
5233 Unity Ct. N. – Senco Investments LLC
8000 32nd Pl. N. – IH2 Property Illinois LP
8033 34th Pl. N. – IH2 Property Illinois LP (Conditional)
5324 35th Ave. N. – Jon Dilley
6909-6911 36th Ave. N. – Bengt Lund and Jan Jordet (Conditional)
6621 41st Pl. N. – IH2 Property Illinois LP (Conditional)
7011 42nd Ave. N. – Madison Ave Homes (Conditional)
5920 46th Ave. N. – Three Rivers Saint Paul LLC
5328 49th Ave. N. – Invitation Homes (Conditional)
6818 58th Ave. N. – IH2 Property Illinois LP (Conditional)
7724 59th Ave. N. – Justin Quirk (Conditional)
3.2
CITY OF CRYSTAL
RESOLUTION NO. 2019 –
RESOLUTION ACCEPTING DONATIONS FROM
CRYSTAL LIONS CLUB AND WEST METRO FIRE-RESCUE RELIEF ASSOCIATION
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 Lions Club 2020 Crystal Frolics $1,000
West Metro Fire Rescue Relief Association 2020 Crystal Frolics $3,000
AND, BE IT FURTHER RESOLVED that the Crystal City Council sincerely thanks the above-
named for their generous donation.
Dated: December 3, 2019
By: __________________________
Jim Adams, Mayor
ATTEST:
______________________________
Christina Serres, City Clerk
3.3
3.4
3.4
3.4
Memorandum
DATE: December 3, 2019
TO: City Council
FROM: Mark Ray, PE, Director of Public Works
SUBJECT: Three Rivers Park District agreement for Crystal Lake Trail
Summary
Three Rivers Park District is planning to complete the north portion of the Crystal Lake Trail in Brooklyn
Park and Osseo in the next two years. With the completion of the trail in sight, Three Rivers wants to
take ownership, operations, and maintenance of the Crystal Lake Trail through all the Cities, including
Crystal.
This agreement serves the same purpose as the agreement the City has with Three Rivers Park District
for the Bassett Creek Regional Trail through the southern portion of Crystal.
Staff and the City attorney have reviewed the document and are comfortable with the language and
provisions. No construction is planned along the trail route in Crystal at this time (the trail was
completed through Crystal years ago) and there are no new maintenance (or other cost)
responsibilities the City is taking on with this agreement. The City is actually transferring ownership,
operations, and maintenance of the trail (with the exception of winter snow removal which the City
currently performs).
Attachment
•Crystal Lake Regional Trail Cooperative Agreement
Recommended Action
Motion to approve the resolution authorizing the Crystal Lake Regional Trail Cooperative Agreement
with Three Rivers Park District.
3.5
- 1 - ____
Agreement No. PW 65-44-17
Crystal Lake Regional Trail
Three Rivers Park District
City of Crystal
City of Brooklyn Park
City of Maple Grove
County of Hennepin
CRYSTAL LAKE REGIONAL TRAIL
COOPERATIVE AGREEMENT
THIS CRYSTAL LAKE REGIONAL TRAIL COOPERATIVE AGREEMENT
(hereinafter referred to as “Agreement”), is made and entered into this ______________________
day of _____________________, 20___ by and among the County of Hennepin, a body politic
and corporate under the laws of the State of Minnesota (hereinafter referred to as the "County"),
the Three Rivers Park District, a body politic and corporate under the laws of the State of
Minnesota (hereinafter referred to as the “Park District”), City of Crystal, a Minnesota municipal
corporation (hereinafter referred to as “Crystal ”), City of Brooklyn Park, a Minnesota municipal
corporation (hereinafter referred to as “Brooklyn Park”), and City of Maple Grove, a Minnesota
municipal corporation (hereinafter referred to as “Maple Grove”); Crystal, Brooklyn Park, and
Maple Grove hereinafter sometimes individually referred to as “City” and collectively referred to
as “Cities”).
WITNESSETH:
WHEREAS, the County’s 2040 Bicycle Transportation Plan, Park District’s 2040 Regional
Trail Concept Plan and comprehensive plans of City of Robbinsdale (hereinafter referred to as
“Robbinsdale”), City of Osseo (hereinafter referred to as “Osseo”) and the Cities all envision a
multi-use trail from Victory Memorial Parkway to Elm Creek Park Reserve within or along County
State Aid Highway (CSAH 81 Bottineau Boulevard) right-of-way (hereinafter referred to as
“Crystal Lake Regional Trail”); and
WHEREAS, the County in consultation with the Park District and affected Cities previously
constructed portions of the Crystal Lake Regional Trail in the Cities as part of various construction
projects to reconstruct the CSAH 81 roadway corridor; and
WHEREAS, the Park District in consultation with the County and Robbinsdale previously
constructed portions of the Crystal Lake Regional Trail in Robbinsdale; and
WHEREAS, the County is currently designing and will construct the missing segment of
Crystal Lake Regional Trail through Brooklyn Park and will design and construct the missing trail
segment as part of a future CSAH 81 reconstruction project(s) in Osseo; and
3.5
Agreement No. PW 65-44-17
Crystal Lake Regional Trail
- 2 - ____
WHEREAS, the existing portions of the Crystal Lake Regional Trail are operated and
maintained by the City in which the trail is located, except for the Robbinsdale segment which is
operated and maintained by the Park District; and
WHEREAS, all parties of this Agreement desire one agency to operate and maintain the
entire Crystal Lake Regional Trail as one unified recreation and non-motorized transportation
facility; and
WHEREAS, Park District is a political subdivision of the State of Minnesota authorized by
statute to acquire, establish, operate and maintain park facilities and regional trail systems; and
WHEREAS, the Park District is willing to accept ownership of trail facilities, operations
and maintenance responsibilities of the entire Crystal Lake Regional Trail including existing and
future segments; and
WHEREAS, the County, the Park District and the Cities desire to establish each party’s
responsibilities relating to the design, construction, funding and operation and maintenance of
Crystal Lake Regional Trail.
NOW THEREFORE, IT IS HEREBY AGREED:
I
Trail Description
The Crystal Lake Regional Trail is proposed to be 11.8 miles in length and is located
between Victory Memorial Parkway and Elm Creek Park Reserve in Robbinsdale, Osseo and the
Cities. Exhibit 1 illustrates the general location of the Crystal Lake Regional Trail.
II
Irrevocable Limited Use Permit
This Agreement serves as an Irrevocable Limited Use Permit hereinafter referred to as
‘Permit’ to the Park District for operations of Crystal Lake Regional Trail. The Permit shall be
permanent, shall be binding upon the County and its successors and assigns and shall be for the
benefit of Park District and its successors and assigns. The Permit shall be non-exclusive;
provided, however, this Permit shall be prior to and superior to any other permitted use of the
permitted area, hereinafter granted. Any future permit shall be subject to and subordinate to, and
shall not interfere with, the Permit without the consent, in writing, of Park District. The County,
for itself, its successors and assigns, hereby covenants that it will not construct nor grant others the
right to construct any structures or improvements within the Permit area which are inconsistent
with the rights and interests herein granted to the Park District.
3.5
Agreement No. PW 65-44-17
Crystal Lake Regional Trail
- 3 - ____
The Permit granted herein includes the right of the Park District, its contractor, agents, and
employees to locate, install, construct, reconstruct, operate, maintain, inspect, alter and repair
within
the described Permit Area any of the following facilities and amenities: public sidewalk or trail,
trail signage, informational kiosks, benches, bike racks, bike repair stations, fences, trail
bridges/tunnels and any other trail related structure.
Park District shall at all times have the right to keep the Permit Area clear of all buildings,
structures, fences, trees, shrubbery, undergrowth, roots and other obstructions that may interfere
with or endanger usage of the Crystal Lake Regional Trail.
This Permit is for public trailway purposes only. The Crystal Lake Regional Trail shall be
open to the general public and be used exclusively for outdoor recreation and non-motorized
commuting including but not limited to walking, jogging, skating, biking, and uses allowed under
State and Federal law including, but not limited to, other personal driven mobility devices
(OPDMD’s) and electric personal assistive devices. In addition, motor vehicles used for
maintenance, law enforcement or other public uses will be permitted within the Permit Area.
County warrants that it will defend and indemnify Park District against any loss, expense
or interruption to the contiguity of the Crystal Lake Regional Trail, and, further, shall, at its own
expense, take all necessary action, including, but not limited to, the use of eminent domain to
obtain property rights where County lost property rights for purposes of establishing a continuous
and contiguous trail corridor. These obligations of County may be specifically enforced by Park
District, and further, all costs of such enforcement, including reasonable attorney’s fees, shall be
paid by County.
The County warrants it 1) has legal rights to construct, maintain, and operate sidewalks,
trails and other such public ways within the Permit Area, 2) has the right, title and capacity to
convey the Permit to Park District, and 3) that the undersigned is authorized to execute this Permit.
County shall provide Park District written documentation of any and all previously and/or
currently present hazardous materials, pollutants, or other contaminants within the Permit area.
Park District shall not be responsible for any costs, expenses, damages, obligations, including
penalties and reasonable attorney’s fees, or losses resulting from any claims, actions, suits or
proceedings based upon the release or threat of release of any hazardous substances, pollutants, or
contaminants which may have existed on, or which relate to, the Permit area prior to the date of
this instrument.
3.5
Agreement No. PW 65-44-17
Crystal Lake Regional Trail
- 4 - ____
III
Design and Construction
Future capital improvements along the segment of the CSAH 81 corridor within the City of
Osseo will likely increase walking and biking activities along the corridor, as currently there are
no multimodal facilities. As the previous lead agency for the capital improvements along CSAH
81 throughout the cities of Crystal, Robbinsdale and Brooklyn Park, the County is in a good
position to assume responsibilities of capital improvements along CSAH 81 within the city of
Osseo. The County will prepare the necessar y plans, specifications and acquire necessary right of
way, enter into a contract for construction, administer the contract, and perform the required
engineering and inspection in accordance with said plans and specifications.
The County will obtain approval of said plans and specifications from the Park District and the
City in which the project is located. Said plans and specifications shall conform to Minnesota
Department of Transportation (MnDOT) Design Standards applicable to County State Aid
Highwa ys and to the requirements of the Americans with Disabilities Act (ADA). Design and
construction of the Crystal Lake Regional Trail will, to the extent possible, conform to design
standards and guidelines adopted by the Park District. It is further understood and agreed that the
party responsible to design and construct the trail shall have final discretion over the design of the
multi-use trail including safe crossing design, and interpretation and execution of engineering best
practices. Final design is subject to approval of the City in which the project is located provided
that approval is not unreasonably withheld.
As referenced, the County will acquire all additional right of way, permits and/or easements
required for future capital improvements along the CSAH 81 corridor including the Crystal Lake
Regional Trail. It is further understood and agreed that any and all Park District permits that may
be required shall be granted at no cost or expense to the County or its contractors.
As an alternative to the County designing and constructing the missing segments of Crystal
Lake Regional Trail, the Park District may choose to do so and assume all associated
responsibilities; provided that the Park District shall obtain approval of said plans and
specifications from the County and City in which the trail work is located. The Park District may
construct the regional trail upon approval of said plans. Approval shall not be unreasonably
withheld.
IV
Ownership, Operations and Maintenance
It is understood and agreed by the parties hereto that the Crystal Lake Regional Trail
facilities, including the trail, subgrade, and related trail structures, such as signage, informational
kiosks, benches, bike racks, bike repair stations, fences, and trail bridges/tunnels, shall become the
property of the Park District and all maintenance, restoration, repair, replacement or other work or
services required thereafter shall be performed by the Park District at no expense to the County or
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the Cities except as provided below. The Park District and its agents and licensees shall have the
sole and exclusive right and authority to operate and control the Crystal Lake Regional Trail and
the right to establish rules and regulations governing its use to the extent not in conflict with
ordinances of the County or the Cities in which the trail is located.
As of the date of this Agreement, Park District policy is to close the trail to the public in
winter and to perform no winter maintenance on the trail. Park District reserves the right to open
the trail for winter use in its sole discretion. The City will be provided, upon request and at no cost
to the City, with a Park District Winter Use Permit to operate the trail during the winter period at
the City’s option. Such permit will require the City, among other things, to assume responsibility
for liabilities associated with winter use.
Park District will be responsible for renovation, replacement, repair, maintenance, and
upkeep of the trail (except during winter). Park District shall be solely responsible for establishing
maintenance standards for the trail, which will be consistent district wide.
It is further understood and agreed that the County and Cities will waive all required permits
for the Park District to install trail kiosk or wayfinding signage, or perform any maintenance,
restoration, repair or replacement of the Crystal Lake Regional Trail.
The Park District shall be responsible to furnish, install and maintain the trail information
sign/kiosk program at Park District expense, and without the need to obtain any additional permits
for signs or kiosks. Signage will indicate that the Crystal Lake Regional Trail is a regional trail of
the Park District, and shall not unreasonably interfere with other permitted uses of the property.
County and Cities may provide additional signage along the Crystal Lake Regional Trail, provided
however, that Park District shall approve additional signage, and County or respective City,
depending on which entity provides the additional signage, shall be responsible for providing and
maintaining said signage.
The party responsible for trail design, construction and/or reconstruction, as set forth in
Section III, shall provide all trail regulatory signs as prescribed by the Minnesota Manual on
Uniform Traffic Control Devices (hereinafter referred to as “Mn MUTCD”), as a part of the design
and construction of the Trail. Park District shall be responsible for the maintenance of regulatory
signs post-construction.
Where the Crystal Lake Regional Trail crosses a City, County or State roadway, the party
with maintenance obligations of the roadway shall be responsible for providing and maintaining
roadway crossing treatments such as pedestrian striping, road signs and/or other treatments
as prescribed by MN MUTCD or as deemed reasonably appropriate by the Park District.
County and Cities shall retain the right to maintain, repair, replace or install any utilities
and related facilities in, on or under the Crystal Lake Regional Trail provided, that if any such
activities are anticipated to damage or unreasonably limit the use of the Trail, the party conducting
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the activities will give the Park District ninety (90) days prior written notice of the same (except
in cases of emergency), obtain a standard access permit from the Park District (which standard
access permit shall not be unreasonably withheld, delayed or conditioned) and restore the Crystal
Lake Regional Trail to its preexisting condition or better. The Park District shall provide similar
notice if its Trail maintenance or repair activities are anticipated to damage or limit another Party’s
use of the right-of-way. Parties recognize that prior notice is needed to develop temporary trail
detour routes and temporary signage and authorize standard access permits. Parties agree to
cooperatively determine and implement a temporary detour route when feasible and at the cost of
the party conducting the utility and related facility work.
The City will patrol and police the Crystal Lake Regional Trail in such manner and by such
persons as the City shall deem necessary and may enforce all Park District rules and County/City
Rules. Notwithstanding anything herein to the contrary, the Park District shall have the right to
enforce the Park District Rules.
V
Previous Agreements
It is understood and agreed by the parties hereto that this Agreement shall supersede and
replace any and all prior agreements that may exist between the Park District, the County or the
Cities pertaining to the ownership, maintenance, repair or replacement of the Crystal Lake
Regional Trail except for the existing Limited Use Permit dated June 6, 2014 (Exhibit 2) between
Robbinsdale and the Park District which effectively grants the Park District the right to own,
operate and maintain the Crystal Lake Regional Trail through Robbinsdale, and existing
cooperative agreement dated May 12, 2014 (Exhibit 3) between Hennepin County and the Park
District for the right to own, operate and maintain a segment of the trail along CSAH 9.
VI
Records
All records kept by the Park District, County and Cities with respect to the Crystal Lake
Regional Trail shall be subject to examination by the representatives of each party hereto.
VII
Liability
Each party agrees that it will be responsible for its own acts and the results thereof, to the
extent authorized by the law, and shall not be responsible for the acts of the other party and the
results thereof. The County's, Cities’ and the Park District's liability is governed by the provisions
of Minnesota Statute, Chapter 466.
To the full extent permitted by law, this Agreement is intended to be and shall be construed
as a “cooperative activity” and it is the intent of the parties that they shall be deemed a “single
governmental unit” for the purposes of liability, as set forth in Minnesota Statutes Section 471.59,
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subd. 1a(a). Nothing herein shall be construed to waive or limit any immunity from, or limitation
on, liability available to any party, whether set forth in Minnesota Statutes Chapter 466 or
otherwise.
VIII
Indemnification
The Park District agrees to defend, indemnify and hold harmless the County and the Cities,
their officials, officers, agents, volunteers and employees, from any liabilities, 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 Park District, its contractors, anyone
directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may
be liable for related to the ownership, maintenance, existence, restoration, repair or replacement
of the Regional Trail. The Park District’s liability shall be governed by the provisions of
Minnesota Statute, Chapter 466 or other applicable law.
The County agrees to defend, indemnify, and hold harmless the Park District and the Cities,
their 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 County, its contractors, anyone
directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may
be liable related to the construction, ownership, maintenance, existence, restoration, repair or
replacement of the Regional Trail. The County’s liability shall be governed by the provisions of
Minnesota Statute, Chapter 466 or other applicable law.
Each City agrees to defend, indemnify and hold harmless the County and the Park District,
their officials, officers, agents, volunteers and employees, from any liabilities, 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 respective City, its contractors,
anyone directly or indirectly employed by it, and/or anyone for whose acts and/or omissions it may
be liable for related to the ownership, maintenance, existence, restoration, repair or replacement
of the Regional Trail. Each City’s liability shall be governed by the provisions of Minnesota
Statute, Chapter 466 or other applicable law.
The County, the Cities and the Park District each warrant that they are able to comply with
the aforementioned indemnity requirements through an insurance or self-insurance program.
IX
Employees
It is further agreed that any and all employees of the Park District and all other persons
engaged by the Park District in the performance of any work or services required or provided for
herein to be performed by the Park District shall not be considered employees of the County or the
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Cities, and that any and all claims that may or might arise under the Minnesota Economic Security
Law or the Workers' Compensation Act of the State of Minnesota 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 or the Cities.
Also, any and all employees of the County and all other persons engaged by the County in
the performance of any work or services required or provided for herein to be performed by the
County shall not be considered employees of the Park District or the Cities, and that any and all
claims that may or might arise under the Minnesota Economic Security Law or the Workers'
Compensation Act of the State of Minnesota 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 Park District or the Cities.
Also, any and all employees of the Cities and all other persons engaged by the Cities in the
performance of any work or services required or provided for herein to be performed by the Cities
shall not be considered employees of the Park District or the County, and that any and all claims
that may or might arise under the Minnesota Economic Security Law or the Workers'
Compensation Act of the State of Minnesota 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 or the Park District.
X
Authorized Representatives
In order to coordinate the services of the County with the activities of the Park District and
the Cities so as to accomplish the purposes of this Agreement, the County Highway Engineer or
designated representative shall manage this Agreement on behalf of the County and serve as liaison
between the County, the Cities and the Park District.
In order to coordinate the services of the Park District with the activities of the County and
the Cities so as to accomplish the purposes of this Agreement, the Park District’s Superintendent
and Secretary to the Park District Board or designated representative shall manage this Agreement
on behalf of the Park District and serve as liaison between the Park District, the Cities and the
County.
In order to coordinate the services of the Cities with the activities of the Park District and
the County so as to accomplish the purposes of this Agreement, the Cities respective City
Engineer/Director of Public Works or designated representatives shall manage this Agreement on
behalf of the Cities and serve as liaison between the Cities, the County and the Park District.
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XI
Amendment
It is understood and agreed that the entire Agreement between the parties is contained herein
and that this Agreement supersedes all oral agreements and negotiations between the parties
relating to the subject matter hereof. All items referred to in this Agreement are incorporated or
attached and are deemed to be part of this Agreement.
Any alterations, 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 signed
by the parties hereto.
XII
Recitals
The whereas clauses are incorporated herein and are hereby made a part of this Agreement.
XIII
Nondiscrimination
The provisions of Minnesota Statute Section 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.
XIV
Survival of Terms
The parties agree that the provisions of Sections II and VIII shall survive termination of this
Agreement.
XV
Severability
If any provision of this Agreement shall be found to be invalid or unenforceable, the parties
agree that such invalidity shall not affect the remaining provisions of this Agreement, which shall
continue in full force and effect.
Reminder of page intentionally left blank; signature pages and exhibits follow
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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.
THREE RIVERS PARK DISTRICT
(Seal)
By:
Chair – Three Rivers Park District
Board of Commissioners
Date:
And:
Superintendent and Secretary to the Board
Date:
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CITY OF CRYSTAL
(Seal)
By:
Mayor
Date:
And:
Manager
Date:
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CITY OF BROOKLYN PARK
(Seal)
By:
Mayor
Date:
And:
Manager
Date:
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CITY OF MAPLE GROVE
(Seal)
By:
Mayor
Date:
And:
City Clerk
Date:
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COUNTY OF HENNEPIN
ATTEST:
By:
Deputy/Clerk of the County Board
Date:
APPROVED AS TO FORM:
By:
Assistant County Attorney
Date:
APPROVED AS TO EXECUTION:
By:
Assistant County Attorney
Date:
By:
Chair of its County Board
Date:
And:
County Administrator
Date:_______________________________
And:________________________________
Assistant County Administrator, Public
Works
Date:
RECOMMENDED FOR APPROVAL
By:
County Highway Engineer
Date:
RECOMMENDED FOR APPROVAL
By_________________________________
Department Director, Transportation-
Operations
Date:_____________________________
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EXHIBIT 1
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EXHIBIT 2
ROBBINSDALE COOPERATIVE TRAILHEAD AGREEMENT
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EXHIBIT 2
HENNEPIN COUNTY COOPERATIVE AGREEMENT CSAH 81
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3.5
RESOLUTION NO. 2019- ___
AUTHORIZING THE CRYSTAL LAKE REGIONAL TRAIL
COOPERATIVE AGREEMENT WITH THREE RIVERS PARK DISTRICT
WHEREAS, the County in consultation with the Park District and affected Cities
previously constructed portions of the Crystal Lake Regional Trail in the Cities as part of
various construction projects to reconstruct the CSAH 81 roadway corridor; and
WHEREAS, the County is currently designing and will construct the missing
segment of Crystal Lake Regional Trail through Brooklyn Park and will design and
construct the missing trail segment as part of a future CSAH 81 reconstruction project(s)
in Osseo; and
WHEREAS, all parties of this Agreement desire one agency to operate and
maintain the entire Crystal Lake Regional Trail as one unified recreation and non-
motorized transportation facility; and
WHEREAS, the Park District is willing to accept ownership of trail facilities,
operations and maintenance responsibilities of the entire Crystal Lake Regional Trail
including existing and future segments; and
WHEREAS, the County, the Park District and the Cities desire to establish each
party’s responsibilities relating to the design, construction, funding and operation and
maintenance of Crystal Lake Regional Trail.
NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council hereby
authorizes the Crystal Lake Regional Trail Cooperative Agreement with Three Rivers
Park District.
Adopted by the Crystal City Council this 3rd day of December, 2019.
_____________________________
Jim Adams, Mayor
ATTEST:
_____________________________
Christina Serres, City Clerk
3.5
Memorandum
DATE: December 3, 2019
TO: City Council
FROM: Mark Ray, PE, Director of Public Works
SUBJECT: Hwy 100 Pedestrian bridge ownership transfer to Three Rivers Park District
Summary
Over the last several years, City staff have been working with Golden Valley and Three Rivers Park
District staff to transfer the ownership of the Hwy 100 pedestrain bridge near Bassett Creek Park to
Three Rivers. In 2017 the Bassett Creek Regional Trail through Crystal (owned by Three Rivers Park
District), which connects to the Hwy 100 pedestrian bridge, was completed. Since the Hwy 100
pedestrain bridge serves as an essential link in the Bassett Creek Regional Trail system, it made sense
for Three Rivers Park District to take over ownership and operation/maintenance of the pedestrian
bridge.
The proposed Council actions will do the following:
1)Convey Crystal’s portion of ownership in the Hwy 100 pedestrain bridge to Three Rivers Park
District
2)Terminate the previous Joint Powers Agreements between the Crystal and Golden Valley for
the Hwy 100 pedestrian bridge
3)Grant Three Rivers Park District an easement over a portion of the City-owned property at 2755
Vale Crest Road where a portion of the existing bridge is located
Attachments
•Hwy 100 pedestrian bridge conveyance agreement
•Hwy 100 pedestrian bridge termination agreement
•Hwy 100 pedestrian bridge proposed easement figure
•Hwy 100 pedestrian bridge proposed easement
Recommended Action
Motion to approve the resolution authorizing transfer of ownership of the Hwy 100 pedestrian bridge
to Three Rivers Park District
3.6
1
HIGHWAY 100 PEDESTRIAN
BRIDGE CONVEYANCE AGREEMENT
This agreement (the “Agreement”) is made and entered into this ___ day of
________________ 2019, by and between the Three Rivers Park District, a body corporate
and politic and a political subdivision of the State of Minnesota (“Park District”), the City of
Golden Valley, a Minnesota municipal corporation (“Golden Valley”), and the City of Crystal,
a Minnesota municipal corporation (“Crystal”). Golden Valley and Crystal shall be hereinafter
collectively referred to as the “Cities.”
WHEREAS, Park District is a political subdivision of the State of Minnesota authorized
by statute to acquire, establish, operate, and maintain park facilities and regional trail
systems; and
WHEREAS, the Cities entered into a joint powers agreement titled the Joint and
Cooperative Agreement for Construction and Maintenance of TH 100 Pedestrian Bridge at
Bassett Creek on or about March 4, 2002 in order to construct a pedestrian bridge across
Trunk Highway 100 at Bassett Creek (hereinafter the “Bridge”), as depicted on the attached
Exhibit A; and
WHEREAS, the Cities constructed the Bridge pursuant to a limited use permit issued
by MnDOT to provide a connection between the Cities and the Cities jointly own the Bridge;
and
WHEREAS, the Cities entered into a subsequent joint powers agreement titled Joint
and Cooperative Agreement for Lighting Installation and Maintenance of Highway 100
Pedestrian Bridge at Bassett Creek on or about July 15, 2008 to install lighting on the Bridge;
and
WHEREAS, the Cities entered into another joint powers agreement titled 2017 – Trunk
Highway 100 Pedestrian Bridge Maintenance Project Golden Valley-Crystal Joint Powers
Agreement on or about December 19, 2017 to make aesthetic and functional improvements
to the Bridge; and
WHEREAS, the Cities completed improvements to the Bridge on or about April 19,
2019 and entered into a TH 100 Pedestrian Bridge Termination Agreement to terminate all of
the previous joint powers agreements between the Cities; and
WHEREAS, the Cities desire to convey ownership of the Bridge to the Park District
and the Park District is willing to accept ownership of the Bridge and to maintain said Bridge.
NOW THEREFORE, in consideration of the mutual covenants herein, and other good
and valuable consideration, the sufficiency of which is hereby acknowledged, the Cities hereby
convey ownership of the Bridge to the Park District as follows:
1. Conveyance of Bridge. Effective as of the date of this Agreement, the Cities
hereby convey and transfer their respective ownership interests in the Bridge to the
Park District. The Park District hereby accepts the conveyance and transfer of the
Bridge in its “As Is” condition on the effective date of this Agreement. The Park
District assumes all responsibility and liability for ownership, maintenance, repair,
and removal of the Bridge as may be required. The Cities agree to, and do hereby,
waive any claims of ownership in or to the Bridge now or hereafter existing, and
3.6
2
hereby conveys, transfers, and assigns to the Park District all of their rights, title and
interests in the Bridge.
2. Authority. The Cities warrant that they own the Bridge and have full rights and
authority to convey ownership of said Bridge to the Park District.
3. No Warranties. It is specifically understood that the Cities make no warranties of
any kind as to the condition, quality, fitness or merchantability of the Bridge.
IN WITNESS WHEREOF, Park District and Cities have entered into this Agreement
effective as of the date and year first above written.
Three Rivers Park District, a public corporation and
political subdivision of the State of Minnesota
Dated: ___ By:
Its Chair – Board of Commissioners
Dated: ___ By:
Its Superintendent
And Secretary to the Board
City of Golden Valley, a Minnesota municipal
corporation
Dated: ___ By:
Its Mayor
Dated: ___ By:
Its City Manager
City of Crystal, a Minnesota municipal corporation
Dated: ___ By:
Its Mayor
Dated: ___ By:
Its City Manager
3.6
3
EXHIBIT A
3.6
TH 100 PEDESTRIAN BRIDGE TERMINATION AGREEMENT
This Termination Agreement is entered into by and between the City of Crystal, a
Minnesota municipal corporation (“Crystal”), and the City of Golden Valley, a Minnesota
municipal corporation (“Golden Valley”) (collectively, the “Parties”).
Recitals
1. On or about March 4, 2002, the Parties entered into a joint powers agreement titled the
Joint and Cooperative Agreement for Construction and Maintenance of TH 100 Pedestrian
Bridge at Bassett Creek between the Cities of Golden Valley and Crystal, Minnesota (the “2002
JPA”). The purpose of the 2002 JPA was to bring about the construction of a pedestrian bridge
across Trunk Highway 100 at Bassett Creek (the “Bridge”), to provide a connection between the
Cities, and to provide for joint ownership of the Bridge by the Parties.
2. On or about July 15, 2008, the Parties entered into a joint powers agreement titled Joint
and Cooperative Agreement for Lighting Installation and Maintenance of Highway 100
Pedestrian Bridge at Bassett Creek (the “2008 JPA”). The 2008 JPA terminated the 2002 JPA.
The purpose of the 2008 JPA was to bring about the installation of lighting on the Bridge.
3. On or about December 19, 2017, the Parties entered into a joint powers agreement
titled 2017—Trunk Highway 100 Pedestrian Bridge Maintenance Project Golden Valley-Crystal
Joint Powers Agreement (the “2017 JPA”). The purpose of the 2017 JPA was to bring about
certain aesthetic and functional improvements to the Bridge (the “Improvements”).
4. The Parties completed the Improvements on or about April 19, 2019 and this
termination of the remaining joint powers agreements is occurring in conjunction with the
Parties transferring ownership of the Bridge to Three Rivers Park District, as contemplated in
the 2017 JPA, pursuant to a separate agreement.
Agreement
In consideration of the mutual promises contained herein, the Parties hereby agree as
follows:
1. Terminate JPAs. The Parties hereby agree to terminate the 2008 JPA and the 2017 JPA
(collectively, the “JPAs”).
2. Termination of Other Agreements. The Parties further agree to terminate any and all
easements, licenses, and other agreements entered into by and among the Parties that
are related to or were created by or pursuant to the JPAs.
3.6
3. Waiver. The Parties further agree to waive existing breaches of the JPAs, if any, as well
as all termination requirements in the JPAs, including any required notice.
This agreement is effective as of the date of the last signature below.
CITY OF CRYSTAL
_ Date: ________
Jim Adams, Mayor
Date: ________
Anne Norris, City Manager
CITY OF GOLDEN VALLEY
_ Date: ________
Shepard M. Harris, Mayor
_ Date: ________
Timothy J. Cruikshank, City Manager
3.6
´±/N
¯Proposed Easement Area
BCRT - Crystal at TH 100
Revised Date: 11/8/2019
Planning Department This map is for general reference only.
This is not a legal document and it is provided without warranty.
Data represented in this map is from a variety of sources, and is dynamic.
The user acknowledges and accepts these terms.
DAWN
V
I
E
WLILAC29TH
UNITYHIGHWAY 100HIGHWAY 100Esri, HERE, Garmin, (c) OpenStreetMap contributors, and the GIS user community
0 50 100US Feet
Proposed easement for BCRT
26.25' x 101.08'
2755 Vale Crest Road
Crystal MN
3.6
Trail Easement 1
PUBLIC TRAILWAY PERPETUAL EASEMENT
This Public Trailway Easement (“Easement”) made this ______ day of ________, 2019, by
the City of Crystal, a Minnesota municipal corporation (“Grantor”) to Three Rivers Park
District, a political subdivision of the State of Minnesota, Hennepin County, Minnesota
(“Grantee”).
RECITALS
WHEREAS, Grantor and Grantee entered into a Trailway Cooperative Agreement
(“Agreement”) for Bassett Creek Regional Trail (“Trail”) dated as of April 5, 2016; and
WHEREAS, pursuant to the Agreement, Grantor agreed to convey to Grantee an
easement and/or permit as further described herein and Grantee agreed to accept the
easement and/or permit according to the terms and conditions contained herein; and
WHEREAS, Grantee is negotiating an agreement with the cities of Crystal and Golden
Valley to assume ownership of the pedestrian bridge over Trunk Highway 100 for the purposes
of the Trail; and
WHEREAS, Grantor is the fee owner of certain real property in Hennepin County,
Minnesota, legally described on the attached Exhibit A (“Easement Area”); and
WHEREAS, said Easement provided by the Grantor does not convey ownership of
lands within the Easement Area to the Grantee.
NOW THEREFORE, in consideration of mutual covenants contained within the
Agreement referenced above, and other good and valuable consideration, the sufficiency of
which is hereby acknowledged, the Grantor agrees to as follows:
TERMS OF PERPETUAL EASEMENT
1.) Grant of Easement. Grantor grants and conveys to the Grantee the Easement legally
described and depicted on the attached Exhibit A. The Easement shall be perpetual, shall
run with the land, shall be binding upon Grantor and its successors and assigns and shall
be for the benefit of Grantee and its successors and assigns. The Easement shall be non-
exclusive; provided, however, this Easement shall be prior to and superior to any other
easement hereinafter granted. Any future easement shall be subject to and subordinate
to, and shall not interfere with, the Easement without the consent, in writing, of Grantee.
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Trail Easement 2
2.) Scope of Easement. The perpetual non-exclusive Easement granted herein includes the
right of the Grantee, its contractor, agents, and employees to locate, install, construct,
reconstruct, operate, maintain, inspect, alter and repair within the described Easement
Area any of the following facilities and amenities: public sidewalk or trail; trail signage;
informational kiosks; benches; bike racks; fences; trail bridges/tunnels; and any other
trail related structure. All such activities shall be limited to the described Easement Area
and no expansion beyond those described areas shall be allowed without separate written
permission from Grantor. Grantee’s use of the Easement Area shall not interfere with or
obstruct the use of Grantor’s property or right-of-way.
3.) Obstructions. Grantee shall at all times have the right to keep the Easement Area clear
of all buildings, structures, fences, trees, shrubbery, undergrowth, roots and other
obstructions that may interfere with or endanger usage of the Trail. Grantee warrants
that it will defend and indemnify Grantor against any claims, loss, expense, including
reasonable attorneys’ fees, arising from any actions of the Grantee to clear the
Easement Area.
4.) Trail Use and Purposes. This Easement is for public trailway purposes only. The Trail shall
be open to the general public and be used exclusively for outdoor recreation and
commuting including but not limited to walking, jogging, skating, biking, and uses allowed
under State and Federal law including, but not limited to, other personal driven mobility
devices (OPDMD’s) and electric personal assistive devices. In addition, motor vehicles
used for maintenance, law enforcement or other public uses will be permitted within the
Easement Area.
5.) Loss of Property Rights. Grantor warrants that it will defend and indemnify Grantee against
any loss, expense, or interruption to the contiguity of the Trail, and, further shall, at its
own expense, take all necessary action, including, but not limited to, the use of eminent
domain to secure a continuous and contiguous trail corridor within the Easement Area.
These obligations of Grantor may be specifically enforced by Grantee and further all costs
of such enforcement, including reasonable attorney’s fees, shall be paid by Grantor.
6.) Property Rights and Execution Authority. The Grantor warrants that it 1) owns good and
marketable title to the Easement Area, 2) has the right, title and capacity to convey the
Easement to Grantee, and 3) that the undersigned is authorized to execute this Easement.
7.) Environmental Matters. Grantor shall provide Grantee written documentation of any and
all previously and/or currently present hazardous materials, pollutants, or other
contaminants within the Easement Area known to the Grantor. Grantee shall not be
responsible for any costs, expenses, damages, obligations, including penalties and
reasonable attorney’s fees, or losses resulting from any claims, actions, suits or
proceedings based upon the release or threat of release of any hazardous substances,
pollutants, or contaminants which may have existed on, or which relate to, the Easement
Area prior to the date of this instrument.
3.6
Trail Easement 3
In witness whereof, the said parties have caused this instrument to be executed on the
date and year first written above.
CITY OF CRYSTAL
__________________________
Its Mayor
__________________________
Its City Manager
State of Minnesota )
) S.S.
County of Hennepin )
The foregoing instrument was acknowledge before me this _____ day of _____________,
2019, by _______________________ and __________________________, the Mayor and
City Manager, respectively of the City of Crystal, a Minnesota municipal corporation,
Grantor.
____________________________
Notary Public
Notary Stamp or Seal
This instrument drafted by:
Eric J. Quiring
Three Rivers Park District
3000 Xenium Lane North
Plymouth, MN 55441
g:\planning\projects\regional trails\bassett creek rt\coop trailway agreeent bcrt-gv\trailway easement-crystal-bcrt-
draft 20191125.docx
3.6
Trail Easement 4
Exhibit A
Easement Description
3.6
RESOLUTION NO. 2019- ___
AUTHORIZING TRANSFER OF OWNERSHIP OF THE HWY 100
PEDESTRIAN BRIDGE TO THREE RIVERS PARK DISTRICT
WHEREAS, Crystal and Golden Valley constructed the Hwy 100 Pedestrian Bridge
pursuant to a limited use permit issued by MnDOT to provide a connection between the
Cities and the Cities jointly own the Bridge; and
WHEREAS, the Cities entered into a subsequent joint powers agreement titled Joint
and Cooperative Agreement for Lighting Installation and Maintenance of Highway 100
Pedestrian Bridge at Bassett Creek on or about July 15, 2008 to install lighting on the Bridge;
and
WHEREAS, the Cities entered into another joint powers agreement titled 2017 –
Trunk Highway 100 Pedestrian Bridge Maintenance Project Golden Valley-Crystal Joint
Powers Agreement on or about December 19, 2017 to make aesthetic and functional
improvements to the Bridge; and
WHEREAS, the Cities completed improvements to the Bridge on or about April 19,
2019 and entered into a TH 100 Pedestrian Bridge Termination Agreement to terminate all of
the previous joint powers agreements between the Cities; and
WHEREAS, the Cities desire to convey ownership of the Bridge to the Park District
and the Park District is willing to accept ownership of the Bridge and to maintain said
Bridge.
NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council hereby
authorizes the City Manager and Mayor to sign the following:
A) Highway 100 Pedestrian Bridge Conveyance Agreement
B) TH 100 Pedestrian Bridge Termination Agreement
C) Public Trailway Perpetual Easement for Three Rivers Park District over a portion
of 2755 Vale Crest Road.
Adopted by the Crystal City Council this 3rd day of December, 2019.
_____________________________
Jim Adams, Mayor
ATTEST:
_____________________________
Christina Serres, City Clerk
3.6
Memorandum
DATE: December 3, 2019
TO: City Council
FROM: Mark Ray, PE, Director of Public Works
SUBJECT: Storm water agreement with Twin Lake North Condominium Association
Summary
The Twin Lake North Condo Association (4710 58th Ave N) is planning to relocate their existing parking
lot, which has existing flooding issues, out of the flood plain. Because their existing parking lot is in the
Twin Lake flood plain area, the project had to get approval from the Shingle Creek Watershed
Management Commission (SCWMC). A condition of the SCWMC approval required that an agreement
be entered into between the City and Twin Lake North Condominium Association that provided for the
long term operation and maintenance of the storm water features being constructed as part of this
project.
The agreement outlines the on-going responsibilities of the Association and includes an operation and
maintenance document with detailed operation and maintenance provisions. Should the Association
fail to meet the operation and maintenance needs, the agreement has language for the City to have
the work done with the costs being the responsibility of the Association.
This agreement is the final required step in order for the building permits to be issued for this project.
The Association plans to construct the parking lot in 2020.
Attachment
•Storm water agreement
Recommended Action
Motion to approve the resolution authorizing the storm water agreement with the Twin Lake North
Condominium Association.
3.7
3.7
3.7
3.7
3.7
3.7
3.7
3.7
2350 BAYLESS PLACE • ST. PAUL, MN • 55114
PHONE: 651.646.1020 • EMAIL: STEPHEN@LAN D ARCINC.COM
Project Site:
TWIN LAKE NORTH CONDOMINIUM ASSOCIATION
4710 58th Avenue North, Crystal, MN 55429
October 04, 2019
Operation & Maintenance Plan for the Stormwater Treatment Systems
Rain Garden, Native Buffer & TDA Infiltration Maintenance will include, but is not
limited to the following:
To Ensure that the Water Quality Objective of the Project is Met the Twin Lake
North Condominium Association shall ensure that the Project is fully functional
and adequately maintained according to this Operation & Maintenance Plan:
1. Inspect and Clean paved surfaces on a monthly basis to prevent
sediment from entering the sediment boxes / pretreatment devices (2).
2. Inspect and Clean sediment boxes / pretreatment devices (2) on a
monthly basis to prevent sediment from entering the Rain Garden.
3. Inspect & Clean the Surface Grate on the Secondary Overflow to they
Catch Basin collection system within the Rain Garden on a monthly basis
to prevent the collection of sediment and debris (leaves, garbage, etc.)
from slowing flows to and/or entering the catch basin.
4. Inspect and Clean as necessary the catch basin sump on a twice a year
basis (Spring & Fall) to ensure sediment/debris is not preventing
Stormwater Flow from entering the TDA infiltration chamber to the West or
the Tertiary Overflow to the City’s Storm Sewer System to the East.
5. Rain Garden & Native Buffer Ecological Management & Horticultural
Care: Once the project has been planted/seeded, there is a crucial
period in the plant establishment period (first two growing seasons) where
it will need to be managed in a more routine way to be successful long
term. The maintenance level for this prescribed ecological & horticultural
management will at a minimum for the establishment period be every 4 to
6 six weeks during the growing seasons. As the Rain Garden & Native
Buffer becomes established management should taper off as time
3.7
– 2 – October 4, 2019
2350 BAYLESS PLACE • ST. PAUL, MN • 55114
PHONE: 651.646.1020 • EMAIL: STEPHEN@LAN D ARCINC.COM
progresses year over year and for these areas the maintenance will be
reduced to a 6 to 8 week regime during the growing season once plant
communities are fully established. The bee lawn area of the project will be
mowed approximately once every 4 to 6 weeks or so to control other
weedy species and help with the look overall of the area as well as
maintain maximum flowering for the Pollinator Species visiting this Plant
Community. The Goal of the vegetation management for these areas
controls and minimizes all weedy and undesirable species while native
species establish and flourish. Vegetation Management Practices include
weed control visits during the year which include but are not limited to
entire site or spot mowing, hand weeding, prescriptive burning & spot
spraying.
6. Educational Signage: SCWMC will be permitted to place reasonable
signage on the Project property informing the public about the BMP(s)
and the SCWMC Partnership Grant Program.
7. Site Access: Twin Lake North Condominium Association will allow The City
of Crystal & SCWMC access to the Project for annual inspections. Twin
Lake North will also allow members of the public, while in the company of
a City and / or Watershed Management Commission Staff / Consultant
representative and after prior notice, periodic access to the property to
view the Project. This does not create any right of public entry onto the
Project property except as coordinated and permitted with Twin Lake
North Condominium Association prior consent.
8. Permits: Twin Lake North Condominium Association is responsible for
securing and complying with all permits and / or other legal requirements
applicable to the work.
SINCERELY,
LANDSCAPE ARCHITECTURE, INC.
STEPHEN MASTEY, ASLA, CLARB, LEED AP
LANSCAPE ARCHITECT
3.7
RESOLUTION NO. 2019- ___
AUTHORIZING THE STORM WATER AGREEMENT WITH
THE TWIN LAKE NORTH CONDOMINIUM ASSOCIATION
WHEREAS, as part of the parking lot project for the Twin Lake North
Condominium Association storm water features will be constructed; and
WHEREAS, these storm water features will require on-going operation and
maintenance; and
WHEREAS, as a requirement of the approval from Shingle Creek Watershed
Management Commission, the City and Twin Lake North Condominium Association
have to enter into an agreement to provide for the required on-going operation and
maintenance needs of the storm water features; and
NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council hereby
authorizes the City Manager and Mayor to sign the Storm Water Agreement with the
Twin Lake North Condominium Association.
Adopted by the Crystal City Council this 3rd day of December, 2019.
_____________________________
Jim Adams, Mayor
ATTEST:
_____________________________
Christina Serres, City Clerk
3.7
December 3, 2019
5.1
Create a thriving business climate.
Develop fiscally sound financial policies and
practices; communicate policies to community.
Create Strong Neighborhoods
Build inclusive community so all feel welcome
5.1
No levy limits
LGA allotment remained stable
New regulations specify the 5% retainage held on contracts
must be paid out within 60 days of substantial completion with
limited exceptions
Effective July 1, 2019, employees returning to work after
discharge from military service may be eligible to purchase
service credits and the city will pay to PERA the amounts that it
would have contributed during the service period.
5.1
Fund 2018
Actual
2019
Budget
2020
Preliminary
Levy
2020 levy
under
Consideration
by Council
Percent
Levy
Increase
General Fund $9,436,779 $9,716,249 $10,396,801 TBD
Pool Bonds Debt
Service -----
EDA 277,200 282,744 288,399 TBD
Capital
Improvement
Funds
1,191,110 1,344,139 2,649,561 TBD
Total Tax Levy $10,905,089 $11,343,139 $13,334,761 $12,477,961 *9% est.
*Preliminary levy increase set at 17.59% -Final levy will be reduced to approximately 9%
** Due to the projected decrease residents will see a decrease on their final property tax
statement for the city portion of their overall property tax invoice
5.1
Video to be shown.
Available at
https://youtu.be/MH9gbJgnEms
5.1
*Per capital costs based on the Metropolitan Council’s estimated population of
22,855 for the City of Crystal in 2016.
Major Revenue Considerations Total Cost per capita*
Projected Property Tax TBD TBD
COPS Grant -$120,000 -$5.25
DEED Grant for Cadets -$20,000 -$.88
Transfers $21,041 $.92
Police/Fire Pension Aid $17,000 $.74
Community Center $27,300 $1.19
Recreation $15,000 $.65
Special assessments -$20,000 -$.88
Pawn Shop transaction fees $5,000 $.22
Pool 6,100 $.27
Miscellaneous $8,672 $.38
5.1
Major Expenditure Considerations Total Cost per capita*
Wage and Benefits $445,862 $19.51
Elections Staffing $114,475 $5.01
Professional Services -Finance -$25,000 -$1.09
Administration –Service Contracts -$10,000 -$.44
Legal-Completion of Code Updates -$15,000 -$.66
West Metro Fire District $60,313 $2.64
Miscellaneous Increases $50,015 $2.19
*Per capital costs based on the Metropolitan Council’s estimated population of
22,855 for the City of Crystal in 2016.
5.1
State provides direct property tax relief to taxpayers
Homestead credit refund
Renter’s refund
Special property tax refund (referred to as the targeting
program)
Senior Citizen Property Tax Deferral Program.
Contact MN Dept of Revenue 651-296-4444 or
www.revenue.state.mn.us
5.1
Dec. 3 Truth in Taxation Public Input
Dec. 3 Council work session
Dec. 4 –Dec. 17 Additional Council work sessions as needed
Dec. 17 Review and adopt final 2020 property tax levy and
2020 budget
5.1
5.1
Page 1 of 3
________________________________________________________________
FROM: John Sutter, Community Development Director
____________________________________________________________________
TO: Anne Norris, City Manager (for December 3 Meeting)
DATE: November 26, 2019
RE: PUBLIC HEARING: Consider a resolution vacating a platted alley
between 6319 36th Avenue North and 3537 Douglas Drive North
A.BACKGROUND
•This alley was platted in 1926 as part of Gardendale Acres.
•It has never been improved or maintained by the city as a public alley.
•In ~1950, a gravel driveway was installed from 36th Avenue to the rear yard of
the newly-built house at 6319 36th.
•In ~1960, the gravel was replaced by a bituminous driveway from 36th to the
parking lot south of the newly-built commercial building at 3537 Douglas.
•Since 1959, the owner of 3537 Douglas has maintained the driveway.
•Both property owners, Castro (6319 36th) and Douglas Drive Partnership
(3537 Douglas) have petitioned for the city to vacate the portion of the platted
alley between their properties, shown in red below:
COUNCIL STAFF REPORT
Public Hearing - Vacation of Platted Alley
Between 6319 36th and 3537 Douglas Dr
5.2
Page 2 of 3
Attachments:
1. Public Hearing Notice
2. Proposed Resolution
3. Other documents to be executed by the respective property owners:
a. Quit Claim Deed conveying Castro’s half of the vacated alley to Douglas
Drive Partnership
b. Driveway easement to Castro over the vacated alley
c. Access easement to Castro from the south end of the shared driveway
across Douglas Drive Partnership’s parking lot to Douglas Drive.
5.2
Page 3 of 3
B.RATIONALE FOR VACATION
1.This alley has never been improved or maintained as a public alley, and the
city has no plans to do so.
2.The bituminous pavement within the platted alley is really just a shared
private driveway that was built and maintained by 3537 Douglas Dr (owner:
Douglas Drive Partnership) and also used by 6319 36th (owners: Ricardo &
Linda Castro).
3.Neither owner wants the city to reconstruct it as a public alley and assess
their respective properties for the cost in the standard manner as has been
done with other public alleys in the city.
4.To ensure continued access for drainage and utility purposes, the city’s
vacation resolution would reserve a drainage and utility easement over the
vacated area.
C.NECESSARY STEPS
1.The city vacates the alley between 3537 and 6319 (but reserving a drainage
and utility easement). The City Council must hold a public hearing prior to
adoption of a resolution vacating the alley. (Attachments 1 and 2.)
2.The owners of 6319 36th Avenue North quit claim their half of the vacated
alley to the owner of 3537 Douglas Drive North to affirm the reality of 3537
continuing to own & maintain the shared private driveway. (Attachment 3a.)
3.The owner of 3537 Douglas Drive North grants to the owners of 6319 36th
Avenue North a driveway easement over the vacated alley (Attachment 3b)
and also an access easement from the south end of the shared driveway
across their south parking lot to Douglas Drive (Attachment 3c).
D.REQUESTED COUNCIL ACTION
After conducting the public hearing, consider adoption of the attached
resolution.
5.2
CITY OF CRYSTAL
PROPOSED VACATION OF PLATTED ALLEY BETWEEN
6319 36TH AVENUE NORTH AND 3537 DOUGLAS DRIVE NORTH
PUBLIC HEARING NOTICE
7:00 P.M. TUESDAY, DECEMBER 3, 2019
CRYSTAL CITY HALL (4141 DOUGLAS DR N)
The Crystal City Council will consider vacating the platted alley in Gardendale
Acres located between the following parcels:
A.6319 36th Avenue North (PID 20-118-21-11-0036), legally described as Lot 26, Block
1, Gardendale Acres
B.3537 Douglas Drive North (PID 20-118-21-11-0098), legally described as Lots 1-6,
Block 1, Gardendale Acres embraced within Lot 1, Block 1, Harold Herman Addition
Reasons for Proposed Vacation:
•The alley functions as a shared private driveway for Parcels A and B.
•The alley has historically been improved and maintained by the owner of Parcel B,
and has not been improved or maintained by the City.
•The owners of Parcels A and B have petitioned for vacation of the alley.
To view the proposal documents, please visit Crystal City Hall during normal
business hours or visit the Public Notices page on the city website, www.crystalmn.gov.
To discuss the proposal or submit written comments for the record, please contact
John Sutter, City of Crystal, 4141 Douglas Dr. N., Crystal, MN 55422,
john.sutter@crystalmn.gov or 763-531-1130.
To speak directly to the City Council, please attend the public hearing on Tuesday,
December 3, 2019 at 7 p.m. at Crystal City Hall. The staff report will be in the meeting
packet available on November 29, 2019 on the City Council / Meetings and Work
Sessions page of the city website, www.crystalmn.gov.
LEGAL NOTICE: Notice is hereby given that the City Council of the City of Crystal will
meet on December 3, 2019 at 7:00 p.m. at Crystal City Hall, 4141 Douglas Drive North,
in said City, to consider a request to vacate a platted alley between Lot 26, Block 1,
Gardendale Acres (6319 36th Ave. N.) and Lots 1-6, Block 1, Gardendale Acres
embraced within Lot 1, Block 1, Harold Herman Addition (3537 Douglas Dr. N.) Persons
desiring to be heard are invited and encouraged to attend the public hearing. Persons
unable to attend may submit written comments prior to the date of the hearing to John
Sutter, City of Crystal, 4141 Douglas Dr. N., Crystal MN 55422. Auxiliary aids for
handicap persons are available upon request at least 96 hours in advance. Please call
the City Clerk at 763-531-1145 to make arrangements. Deaf and Hard of Hearing
callers should contact the Minnesota Relay Service at 800-627-3529 V/TTY or call 711
to be connected to a TTY.
Chrissy Serres, City Clerk
Attachment 1
5.2
563569v1 SJS CR205-30
CITY OF CRYSTAL
RESOLUTION NO. ________
RESOLUTION VACATING AN ALLEY BETWEEN
6319 36TH AVENUE NORTH AND 3537 DOUGLAS DRIVE NORTH
BE IT RESOLVED by the City Council (the “Council”) of the City of Crystal (the “City”), as
follows:
WHEREAS, the City is a municipal corporation, organized and existing under the laws of the
State of Minnesota; and
WHEREAS, the plat of Gardendale Acres dedicated a public alley between Lot 26, Block 1,
Gardendale Acres addressed as 6319 36th Avenue North (“Parcel A”) and Lots 1-6, Block 1,
Gardendale Acres embraced within Lot 1, Block 1, Harold Herman Addition addressed as 3537
Douglas Drive North (”Parcel B”)(the “Alley”); and
WHEREAS, the Alley functions as a shared private driveway for Parcels A and B, has
historically been improved and maintained by the owner of Parcel B, and has not been improved
or maintained by the City; and
WHEREAS, the owners of Parcel A and Parcel B have submitted a petition requesting the
vacation of the Alley; and
WHEREAS, the Alley is legally described in Exhibit A and illustrated in Exhibit B attached to
this Resolution; and
WHEREAS, the Council finds that the vacation of the Alley is desirable for the orderly,
economic, and safe development of land within the City, provided that an easement for drainage
and utility purposes is reserved in the area coterminous with the vacated Alley; and
WHEREAS, as required by City Charter, notice of the public hearing pertaining to the vacation
of the Alley was published on ______________________, 2019 and the Council held the public
hearing on ______________________, 2019, where all interested parties were heard; and
WHEREAS, following the public hearing, the Council determined that there is no continuing
public need for the Alley and that vacating said Alley is in the public interest.
NOW, THEREFORE BE IT RESOLVED that the City hereby vacates the Alley legally
described in the attached Exhibit A; and
BE IT FURTHER RESOLVED that the City reserves an easement for drainage and public and
private utilities over the Alley; and
Attachment 2
5.2
563569v1 SJS CR205-30
BE IT FURTHER RESOLVED that the vacation of the Alley will not adversely affect the public
interest, provided that, prior to the recording of this Resolution, the City Engineer and City
Attorney determine that shared driveway access for Parcel A and Parcel B has been satisfactorily
preserved by a private driveway easement or other means; and
BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to prepare
and present to the Hennepin County Auditor a notice that the City has completed these vacation
proceedings and record said notice with the Hennepin County Registrar of Titles.
BE IT FURTHER RESOLVED that City staff is hereby authorized and directed to take any
additional steps necessary to effectuate the intent of this Resolution.
Adopted by the City Council of the City of Crystal this ______ day of
______________________, 2019
_____________________________
Jim Adams, Mayor
ATTEST:
_____________________________
Chrissy Serres, City Clerk
5.2
563569v1 SJS CR205-30
EXHIBIT A
LEGAL DESCRIPTION OF THE PORTION OF THE ALLEY TO BE VACATED
That part of the alley in Block 1, Gardendale Acres, Hennepin County, Minnesota located
between Parcels A and B described below, and reserving an easement for drainage and utility
purposes over said alley:
Parcel A addressed as 6319 36th Avenue North, legally described as:
Lot 26, Block 1, Gardendale Acres, Hennepin County, Minnesota
Parcel B addressed as 3537 Douglas Drive North, legally described as:
Lot 1, Block 1, Harold Herman Addition, Hennepin County, Minnesota.
5.2
563569v1 SJS CR205-30
EXHIBIT B
ILLUSTRATION OF THE PORTION OF THE ALLEY TO BE VACATED
5.2
563597v1 SJS CR205-30
Quit Claim Deed
Deed Tax Due: $________
ECRV ___________________
Date: ________________, 2019
FOR VALUABLE CONSIDERATION, Ricardo E. Castro and Linda K. Castro, married to each
other, Grantors, hereby convey and quitclaim to Douglas Drive Partnership, L.L.P., a Minnesota
limited liability partnership, Grantee, real property in Hennepin County, Minnesota, described as
follows:
That part of the vacated alley as platted in Block 1, Gardendale Acres, according to the
recorded plat thereof, Hennepin County, Minnesota, described as follows:
That part of the alley as platted in said Block 1, lying between Lot 26, Block 1,
Gardendale Acres, according to the recorded plat thereof and Lot 1, Block 1, Harold
Herman Addition, according to the recorded plat thereof.
Check here if part or all of the land is Registered (Torrens)
together with all hereditaments and appurtenances.
█ The Seller certifies that the Seller does not
know of any wells on the described real
property.
A well disclosure certificate accompanies
this document or has been electronically
filed. (If electronically filed, insert
WDC number: __________________).
I am familiar with the property described
in this instrument and I certify that the
status and number of wells on the
described real property have not
changed since the last previously filed
By:_________________________________
Ricardo E. Castro
By: _________________________________
Linda K. Castro
Attachment 3a
5.2
563597v1 SJS CR205-30
well disclosure certificate.
STATE OF MINNESOTA
COUNTY OF HENNEPIN } ss.:
The foregoing was acknowledged before me this ______ day of ___________, 2019, by
Ricardo E. Castro and Linda K. Castro, married to each other, Grantors.
________________________________
NOTARY STAMP SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT
This instrument was drafted by:
Kennedy & Graven, Chartered (SJS)
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
(612) 337-9300
Tax Statements should be sent to:
Douglas Drive Partnership, L.L.P.
3539 Douglas Drive North
Crystal, MN 55422
5.2
563613v1 SJS CR205-30
DRIVEWAY EASEMENT AGREEMENT
This Driveway Easement Agreement (“Agreement”) is entered into this ____ day of
____________, 2019 by Douglas Drive Partnership, L.L.P., a Minnesota limited liability partnership
(the “Grantor”) and Ricardo E. Castro and Linda K. Castro, married to each other (the “Grantees”).
RECITALS
WHEREAS, the Grantor is the fee owner of certain real estate in Hennepin County,
Minnesota, legally described as follows:
Lot 1, Block 1, Harold Herman Addition, according to the recorded plat thereof
(the “Grantor Property”); and
WHEREAS, the Grantees own property legally described as follows:
Lot 26, Block 1, Gardendale Acres, according to the recorded plat thereof
(the “Grantee Property”); and
WHEREAS, the Grantor and the Grantee requested that the City of Crystal vacate the alley
that lies between the Grantor Property and the Grantee Property, which is legally described as
follows:
That part of the vacated alley as platted in Block 1, Gardendale Acres, according to the
recorded plat thereof, Hennepin County, Minnesota, described as follows:
That part of the alley as platted in said Block 1, lying between Lot 26, Block 1, Gardendale
Acres and Lot 1, Block 1, Harold Herman Addition.
Attachment 3b
5.2
563613v1 SJS CR205-30
(the “Driveway Easement Area”); and
WHEREAS, on ______________________, 2019, the City of Crystal vacated the alley,
reserving a drainage and utility easement; and
WHEREAS, upon vacation of the alley, the Grantees agreed to quit claim their interest in
the Driveway Easement Area to the Grantor, provided that the Grantor grant the Grantees an
easement to access the Grantee Property over the Driveway Easement Area; and
WHEREAs, the Grantor has agreed to grant an easement for ingress and egress purposes
over, under, across, and through the Driveway Easement Area for access to the Grantee Property,
according to the terms and conditions contained herein; and
Terms of Easement
1. Grant of Easement to the Grantees. For good and valuable consideration, receipt
of which is acknowledged by the Grantor, the Grantor grants and conveys to the Grantees a
perpetual driveway easement over, under, across, and through the Driveway Easement Area.
2. Scope of Easement Rights. The perpetual driveway easement created herein
include the right of the parties, their visitors and invitees and all subsequent owners, successors,
and assigns to enter the Driveway Easement Area at all reasonable times for the purpose of ingress
and egress to the Grantee Property and for no other purposes.
3. Driveway Obstructions. The parties agree to keep the Driveway Easement Area
free and clear of all obstructions that would cause the shared driveway to become unusable for
either party or cause either party the inconvenience of having to remove these obstructions in order
to use the shared driveway.
4. Driveway Maintenance. The Grantor agrees to maintain the driveway and to
remove snow from the driveway at the Grantor’s expense.
5. Indemnification. The Grantees agree to indemnify and hold harmless the Grantor
and its officers, employees, agents, and contractors from and against any and all suits, actions,
causes of action, proceedings, claims, losses, costs, damages, and expenses, including reasonable
attorneys’ fees arising out of the Grantees’ use of the Driveway Easement Area, except to the
extent that the claim results from an action or inaction of the Grantees for which the Grantees
would independently be subject to liability.
6. Warranty of Title. Grantor warrants that it is the owner of the Grantor Property and
the Driveway Easement Area and has the authority, right, title, and capacity to convey the easement
herein.
7. Binding Effect. The terms and conditions of this instrument shall run with the land
and be binding on the parties, their heirs, successors, and assigns.
5.2
563613v1 SJS CR205-30
Dated this _____ day of ______________, 2019.
DOUGLAS DRIVE PARTNERSHIP, L.L.P.
By:__________________________________
Its:__________________________________
STATE OF MINNESOTA )
) ss.
COUNTY OF ________________ )
The foregoing instrument was acknowledged before me this _____ day of ____________,
2019 by ________________, the ____________________ of Douglas Drive Partnership, L.L.P.,
a Minnesota limited liability partnership on behalf of the partnership, Grantor.
______________________________
Notary Public
NOTARY STAMP OR SEAL
5.2
563613v1 SJS CR205-30
By:_____________________________
Ricardo E. Castro
By:_____________________________
Linda K. Castro
STATE OF MINNESOTA )
) SS.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this _____ day of ____________,
2019 by Ricardo E. Castro and Linda K. Castro, married to each other, Grantees.
______________________________
Notary Public
NOTARY STAMP OR SEAL
THIS INSTRUMENT DRAFTED BY:
Kennedy & Graven, Chartered (SJS)
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
5.2
DRIVEWAY EASEMENT AGREEMENT
ACROSS 3537 DOUGLAS DRIVE NORTH
This Driveway Easement Agreement (“Agreement”) is entered into this ____ day of
____________, 2019 by Douglas Drive Partnership, L.L.P., a Minnesota limited liability
partnership (the “Grantor”) and Ricardo E. Castro and Linda K. Castro, married to each other (the
“Grantees”).
RECITALS
WHEREAS, the Grantor is the fee owner of certain real estate in Hennepin County,
Minnesota, legally described as follows:
Lot 1, Block 1, Harold Herman Addition, according to the recorded plat thereof (the
“Grantor Property”); and
WHEREAS, the Grantees own property legally described as follows:
Lot 26, Block 1, Gardendale Acres, according to the recorded plat thereof (the “Grantee
Property”); and
WHEREAS, the Grantor has agreed to grant an easement for ingress and egress purposes
over, under, across, and through the Grantor Property for access to the Grantee Property, according
to the terms and conditions contained herein; and
Terms of Easement
1.Grant of Easement to the Grantees. For good and valuable consideration, receipt
of which is acknowledged by the Grantor, the Grantor grants and conveys to the Grantees a
perpetual driveway easement over, under, across, and through that part of the Grantor Property
legally described as follows and depicted in Exhibit A:
Attachment 3c
5.2
8 feet on either side of the following described line: Commencing at the northwest corner
of the Grantor Property; thence south along the west lot line a distance of 229.48 feet;
thence east 8.00 feet to the Point of Beginning of the line being described; thence south
and parallel to the east lot line of the Grantor Property a distance of 91.00 feet; thence east
and parallel to the south lot line of the Grantor Property to the east lot line of the Grantor
Property and there terminating.
(the “Driveway Easement Area”); and
2. Scope of Easement Rights. The perpetual driveway easement created herein
include the right of the parties, their visitors and invitees and all subsequent owners, successors,
and assigns to enter the Driveway Easement Area at all reasonable times for the purpose of ingress
and egress to the Grantee Property and for no other purposes.
3. Driveway Obstructions. The parties agree to keep the Driveway Easement Area
free and clear of all obstructions that would cause the shared driveway to become unusable for
either party or cause either party the inconvenience of having to remove these obstructions in order
to use the shared driveway.
4. Driveway Maintenance. The Grantor agrees to maintain the Driveway Easement
Area and to remove snow from the driveway at the Grantor’s expense.
5. Indemnification. The Grantees agree to indemnify and hold harmless the Grantor
and its officers, employees, agents, and contractors from and against any and all suits, actions,
causes of action, proceedings, claims, losses, costs, damages, and expenses, including reasonable
attorneys’ fees arising out of the Grantees’ use of the Driveway Easement Area, except to the
extent that the claim results from an action or inaction of the Grantees for which the Grantees
would independently be subject to liability.
6. Warranty of Title. Grantor warrants that it is the owner of the Grantor Property and
the Driveway Easement Area and has the authority, right, title, and capacity to convey the easement
herein.
7. Binding Effect. The terms and conditions of this instrument shall run with the land
and be binding on the parties, their heirs, successors, and assigns.
Dated this _____ day of ______________, 2019.
DOUGLAS DRIVE PARTNERSHIP, L.L.P.
By:__________________________________
Its:__________________________________
5.2
STATE OF MINNESOTA )
) ss.
COUNTY OF ____________ )
The foregoing instrument was acknowledged before me this _____ day of ___________,
2019 by ________________, the ____________________ of Douglas Drive Partnership, L.L.P.,
a Minnesota limited liability partnership on behalf of the partnership, Grantor.
______________________________
Notary Public
NOTARY STAMP OR SEAL
By:_____________________________
Ricardo E. Castro
By:_____________________________
Linda K. Castro
STATE OF MINNESOTA )
) SS.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this _____ day of ___________,
2019 by Ricardo E. Castro and Linda K. Castro, married to each other, Grantees.
______________________________
Notary Public
NOTARY STAMP OR SEAL
THIS INSTRUMENT DRAFTED BY:
Kennedy & Graven, Chartered (SJS)
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
5.2
EXHIBIT A
Depictions of Driveway Easement Area
5.2
DATE:November 25, 2019
TO:Anne Norris, City Manager
City of Crystal City Council
FROM:Jean McGann, Contracted Finance Director
RE:Expenditures over $25,000
Payee Amount
Landscape Structures Inc Becker Park playground equipment delivery & installation $404,877.48
Metropolitan Council Environ Svs Wastewater service for December $130,159.55
MN PERA Employee and city required contributions for 11/15/19 pay date $60,715.43
$595,752.46
Description
C:\Users\anorris\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\0QH6QGSO\Checks over $25000 Memo
6.1
_____________________________________________________________________
FROM: John Sutter, Community Development Director
_____________________________________________________________________
DATE: November 26, 2019
TO: Anne Norris, City Manager (for December 3 Council meeting)
SUBJECT: Consider authorizing a contract with the City of Brooklyn Park for
environmental health services in 2020
The city of Brooklyn Park’s Code Enforcement and Public Health Division (“BPEH”) has
provided environmental health inspections and related services on a contract basis to
the city of Crystal since 2006. Over that time there have been dramatic reductions in the
scope of contracted health services due to the MN Departments of Agriculture and
Health and/or Hennepin County assuming responsibility for inspection and licensing of
grocery and convenience stores, bakeries, pre-packaged food sales, perishable and
non-perishable vending operations, retail food establishments, lodging establishments,
public swimming pools, and tattoo and body piercing establishments.
The proposed 2020 agreement covers those health services necessitated by
certain provisions of the Crystal City Code, including:
•Chapter 4, Section 425 (Property Maintenance Code) - as needed to investigate
unsanitary conditions
•Chapter 6 Public Health - as needed to investigate public health nuisances
•Chapter 11, Section 1195 - annual Therapeutic Massage License inspections
As with prior agreements, this would be an hourly contract with a not-to-exceed amount:
•The hourly rate of $72 would be unchanged from 2019.
•The not-to-exceed amount of $2,000 would be unchanged. Year-to-date 2019
billings are $396. The three-year annualized average is $452.
Staff requests approval of the attached 2020 Environmental Health Services Agreement
with the City of Brooklyn Park for environmental health services.
COUNCIL STAFF REPORT
2019 Environmental Health
Contract with Brooklyn Park
6.2
Page 1 of 6
ENVIRONMENTAL HEALTH SERVICES AGREEMENT
This Environmental Health Services Agreement (“Agreement”) is made on this ____ day
of ____________, 20__, by and between the City of Crystal, a Minnesota municipal corporation
(“Crystal”) and the City of Brooklyn Park, a Minnesota municipal corporation (“Brooklyn Park”).
WHEREAS, Crystal is authorized and empowered to provide for environmental health
services to ensure the public health, safety and welfare; and
WHEREAS, environmental health services have been provided to Crystal by Brooklyn
Park since November 21, 2006; and
WHEREAS, Brooklyn Park currently has employees performing environmental health
services; and
WHEREAS, Brooklyn Park has determined that, in addition to providing environmental
health services for itself, its employees can continue to provide these services to Crystal; and
WHEREAS, both parties can benefit from Brooklyn Park continuing to provide these
services to Crystal; and
WHEREAS, the parties desire to enter into this Agreement setting forth the terms by which
Brooklyn Park will perform the services on behalf of Crystal; and
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth
below, the parties agree as follows:
1. Environmental Health Services.
A. Hourly Services. Brooklyn Park shall provide the following environmental health
services to Crystal upon the request of Crystal (“Hourly Services”):
1. Respond to any environmental health emergencies, such as illness outbreaks
or pollution investigations. If Brooklyn Park first becomes aware of an
environmental health emergency in Crystal, it shall reasonably attempt to
notify Crystal before responding.
2. Perform routine inspections of existing establishments and facilities, as
required by applicable Codes. Crystal shall be responsible for prosecuting
any Code violations; and
3. Perform complaint investigations for complaints received pursuant to the
applicable Codes. Crystal shall be responsible for forwarding the complaint
to Brooklyn Park’s Code Enforcement & Public Health Manager for
6.2
Page 2 of 6
investigation. Crystal shall also be responsible for prosecuting any Code
violations; and
4. Respond to any public health nuisances such as clandestine drug lab sites,
unsanitary housing, air quality, and water pollution. Crystal shall be
responsible for informing Brooklyn Park’s Code Enforcement & Public
Health Manager of any public health nuisance and prosecuting any Code
violations. If Brooklyn Park first becomes aware of a public health nuisance
in Crystal, it shall reasonably attempt to notify Crystal before responding;
and
5. Provide assistance to Crystal in providing general information from the
Codes related to environmental health to citizens and businesses; and
6. Respond to any complaints related to violation of the noise standards as
defined by Minnesota Rules Chapter 7030. Crystal shall be responsible for
forwarding any noise complaints to Brooklyn Park’s Code Enforcement &
Public Health Manager for response. Crystal shall also be responsible for
prosecuting any Code violations; and
7. Provide other inspection services or technical recommendations related to
Code matters as may from time to time be requested by Crystal; and
8. Assist Crystal in its prosecutions of any Code violations by providing
information and testifying in court.
B. Crystal at all times shall be responsible for administering and enforcing any of its
zoning requirements, including but not limited to, approval of site plans, building
size, building location and building use and any other applicable performance
standards. Crystal shall be responsible for administering and issuing all licenses
and permits and collecting any applicable fees. Crystal shall receive and retain any
applicable license or permit fees. Under no circumstances shall Brooklyn Park be
responsible for performing any services related to Fire Code or Zoning Code
enforcement or any other code compliance inspections that are not performed in
connection with issuance of an environmental health license or public health
investigation. Brooklyn Park shall not be responsible for prosecuting any Code
violations or violations of any other code provision, State statute or regulation.
C. The Hourly Services to be performed by Brooklyn Park may be performed by any
qualified member of the Brooklyn Park Code Enforcement and Public Health
Division and any qualified employee working under the direction and supervision
of Brooklyn Park’s Code Enforcement & Public Health Manager.
2. Fees and Expenses.
6.2
Page 3 of 6
A. Fees. For any Hourly Services provided by Brooklyn Park, Crystal shall pay an
hourly rate of $72.00/hour (“Hourly Fee”) and shall not exceed a cumulative total
of $2,000 over any calendar year. If the Hourly Services consist of responding to
an environmental health emergency, Crystal shall also pay Brooklyn Park any
overtime pay incurred by Brooklyn Park for its responding personnel, any
equipment rental costs (including equipment that is owned by Brooklyn Park),
supply costs, outside vendor services costs and costs for any other services used by
Brooklyn Park during the environmental health emergency. Brooklyn Park’s Code
Enforcement and Public Health Manager or his or her designee shall have the
exclusive authority in determining the need for any of these resources.
B. Adjustment of Fees. The Hourly Fee listed above may increase on January 1st of
each year. Prior to January 1st, representatives from Brooklyn Park and Crystal shall
meet to determine the amount of the increases. The increases shall be approved by
the Crystal City Council.
C. Payment of Fees. Brooklyn Park shall submit to Crystal by the 15th of each month
a detailed statement of the Hourly Services rendered in the month prior along with
an invoice that includes the amount due, in such form and detail as Crystal may
reasonably require, as well as periodic suggestions regarding other matters relating
to the inspection service. Crystal shall pay the invoice no later than thirty days from
the date of the invoice.
3. Records. Brooklyn Park shall maintain any original records related to the Hourly Services
for Crystal. These records shall be kept on file by Brooklyn Park pursuant to State law.
They shall be accessible to Crystal. In the event this Agreement is terminated, all original
records shall be returned to Crystal.
4. Administrative Responsibility. The Brooklyn Park Code Enforcement & Public Health
Manager and his or her designees are hereby provided specific authority by Crystal to
administer and enforce the Codes as provided by this Agreement. The daily administration
of the Hourly Services rendered pursuant to this Agreement shall be under the sole direction
of Brooklyn Park. The degree of Hourly Services rendered, the standards of performance
and other matters relating to regulations and policies shall remain under the control of
Brooklyn Park. The Hourly Services rendered under this Agreement shall be performed at
the City offices of Brooklyn Park, except for required on-site inspections or as otherwise
specifically noted in this Agreement.
5. Personnel, Employees of Brooklyn Park. Any employee assigned by Brooklyn Park to
perform the Hourly Services pursuant to this Agreement shall remain the exclusive
employee of Brooklyn Park. Crystal shall not assume any liability and shall not be
responsible for the direct payment of any salary, wage, workers’ compensation, income tax
withholding, PERA withholding tax and health insurance or any other type of compensation
to any Brooklyn Park employee for performing the Hourly Services pursuant to this
Agreement.
6.2
Page 4 of 6
6. Communications, Equipment and Supplies. With the exception of environmental health
emergency services, Brooklyn Park shall be responsible for the costs of providing any
necessary supplies, equipment and vehicles for the Brooklyn Park Code Enforcement &
Public Health Manager and his or her designees in performance of the Hourly Services. In
the event that there are any supplies that must be specially printed for Crystal such as
permits, licenses, forms, etc., Crystal shall be responsible for purchasing these supplies.
7. Indemnification. Brooklyn Park agrees to defend, indemnify and hold harmless Crystal and
its officials, agents and employees from and against all claims, actions, damages, losses,
liabilities or expenses, including attorneys’ fees arising out of or resulting from Brooklyn
Park’s performance of the Hourly Services pursuant to this Agreement. Crystal agrees to
defend, indemnify and hold harmless Brooklyn Park and its officials, agents and employees
from and against all claims, actions, damages, losses, liabilities or expenses, including
attorneys’ fees arising out of or resulting from Crystal’s performance of its duties required
under this Agreement. Nothing herein shall be deemed a waiver by either party of the
limitations on liability set forth in Minnesota Statutes Chapter 466.
8. Insurance. During the entire term of this Agreement, Crystal shall maintain comprehensive
general liability insurance in amounts sufficient to cover the maximum liability limits
provided by state law, in order to protect Crystal and Brooklyn Park from liability, which
arises directly or indirectly from the provision of the Hourly Services pursuant to this
Agreement. This insurance shall include coverage of Crystal’s indemnification obligation
in paragraph 7 above.
9. Severability. In the case any one or more of the provisions contained in this Agreement
shall be declared invalid, illegal or unenforceable in any respect, the validity, legality and
enforceability of the remaining provisions contained in this Agreement and any other
application of this Agreement shall not in any way be affected or impaired.
10. Notices. All notices required by this Agreement shall be in written form and shall be
delivered to the respective City Manager. Notice may be made by personal delivery,
facsimile or U.S. Mail.
11. No Partnership. It is agreed that nothing herein contained is intended or should be construed
in any manner as creating or establishing the relationship of co-partners between the parties
hereto or as constituting the persons employed by Brooklyn Park as the agent,
representative or employee of Crystal for any purpose or in any manner whatsoever.
Brooklyn Park is to be and shall remain an independent contractor with respect to all
services performed under this Agreement.
12. Entire Agreement. This Agreement represents the entire Agreement between Crystal and
Brooklyn Park and supersedes and cancels any and all prior agreements or proposals,
written or oral, between the parties relating to the subject matter hereof, any amendments,
6.2
Page 5 of 6
addenda, alterations, or modifications to the terms and conditions of this Agreement shall
be in writing and signed by both parties.
13. Term of Agreement. Notwithstanding the date of execution, this Agreement shall be
effective on January 1, 2020 and shall terminate on December 31, 2020. This Agreement
may be renewed for additional one year terms by mutual agreement of the parties. Either
party may terminate this Agreement without cause upon 180 days’ prior written notice to
the other party. In the event of termination of the Agreement by either party, Crystal shall
be responsible for payment of a prorated amount of the quarterly Annual Fee for any
Hourly Services rendered by Brooklyn Park after the termination date which are
necessarily incurred in order to complete work begun prior to the termination date.
14. Counterparts. This Agreement may be simultaneously executed in any number of
counterparts, all of which shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties have set forth their hands on the day and year first
written above.
CITY OF BROOKLYN PARK
By: _________________________
Jeffrey Lunde
Its: Mayor
By: _________________________
Jay Stroebel
Its: City Manager
CITY OF CRYSTAL
By: __________________________
Jim Adams
Its: Mayor
By:__________________________
Anne Norris
Its: City Manager
6.2
Page 6 of 6
EXHIBIT A
The following Crystal City Code provisions shall be applicable to the Hourly Services being
provided by Brooklyn Park pursuant to this Agreement:
Chapter 4, Section 425 – Property Maintenance Code (applicable sections; e.g., unsanitary
conditions)
Chapter 6 – Public Health, including but not limited to Public Nuisances, Garbage and Refuse, and
Noise Control
Chapter 11, Section 1140 – Therapeutic Massage
6.2
1
622672v1CR225-464
CITY OF CRYSTAL
ORDINANCE #2019-05
AN ORDINANCE ADOPTING THE
RECODIFICATION OF THE CRYSTAL CITY CODE
The City of Crystal ordains:
ARTICLE I. Authority. Minnesota Statutes, sections 415.02, 415.021, and 599.13 (collectively
the “Act”) and Crystal city charter, section 3.11 authorize the City of Crystal (“City”) to codify its
ordinances and print them in book or loose-leaf form. The Act and the city charter also provide that
any ordinance included in a new city code, but not previously published, is sufficiently published if
a substantial quantity of the code is printed for distribution to the general public.
ARTICLE II. Background. The City Council appointed a Code Review Task Force and, with its
much-appreciated assistance, undertook an extensive process to review and update the City’s entire
code. The City Council adopted a series of ordinances to make the desired amendments, some of
which have been incorporated into the current code. The City Council has proceeded with the
understanding that once all the amendments were adopted, all remaining amendments would be
incorporated into the code and the entire code would be reformatted and readopted as a single
unified City code. The updated code has been prepared and it is the intent of this Ordinance to
adopt the proposed recodification of the City’s ordinances in a recodification entitled The Crystal
City Code (“Recodification”). The Recodification is on file with the City Clerk.
ARTICLE III. Adoption. The Recodification is hereby adopted.
ARTICLE IV. Copies. The City Clerk is authorized and directed to prepare sufficient copies of
the Recodification for use by the City Council and City staff and for general distribution to the
public in accordance with City policies regarding the distribution and availability of City
documents. The City Clerk shall also keep an official copy of the Recodification in the office of the
City Clerk and post a copy on the City’s website.
ARTICLE V. Effect. The Recodification shall be controlling and shall supersede and replace
previously adopted Crystal City Code and ordinances pertaining to the same subjects contained
within the Recodification, which are hereby repealed as of the effective date of the Recodification.
Such repeal shall not affect: (i) any offense committed or penalty incurred under the previous code;
(ii) any rights vested prior to the effective date of the Recodification; or (iii) the provisions of
ordinances levying taxes, appropriating money, annexing or detaching territory, establishing
franchises, granting special rights to certain persons, authorizing public improvements, authorizing
the issuance of bonds, or borrowing of money, authorizing the purchase or sale of real or personal
property, granting or accepting easements, plat or dedication of land to public use; or vacating or
setting the boundaries of streets or other public places. Furthermore, nothing in the
Recodification is to be construed to modify, abrogate or abridge: (i) the rights, duties, liabilities,
privileges or immunities of the City; (ii) the qualifications or terms of office of City officers as they
existed prior to adoption; or (iii) any special ordinance or franchise not embodied in the Crystal
6.3
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622672v1CR225-464
City Code. The Recodification is declared to be prima facie evidence of the law of the City and
shall be received in evidence as provided by Minnesota Statutes by the courts of the State of
Minnesota.
ARTICLE VI. Corrections. Given the size of this project and numerous amendments made as
part of the Recodification, the City Council recognizes the Recodification may contain certain
errors, such as cross-references to changes subsections, typographical errors, and other non-
substantive matters that may be discovered once the Recodification is placed in use. Consistent
with Crystal city code, subsection 100.11, the City Council hereby authorizes the city clerk to
work with the city attorney to make non-substantive corrections to the Recodification as may be
needed upon discovery. Such corrected provisions shall be incorporated in and made part of the
official Crystal City Code without further action by the City Council.
ARTICLE VII. Effective Date. This Ordinance and the Recodification shall be effective 30
days after publication of a summary.
First Reading: November 19, 2019
Second Reading: __________, 2019
Council Adoption:_________, 2019
Publication:
Effective Date:
BY THE CITY COUNCIL
Jim Adams, Mayor
ATTEST:
____________________________
Christina Serres, City Clerk
6.3
622692v1CR225-464
CITY OF CRYSTAL
MINNESOTA
RESOLUTION NO. 2019-__
RESOLUTION APPROVING SUMMARY LANGUAGE
FOR PUBLICATION OF ORDINANCE NO. 2019-05
WHEREAS, the Crystal City Council adopted Ordinance No. 2019-05 “An Ordinance
Adopting the Recodification of the Crystal City Code” (“Ordinance”) at its meeting held on December
3, 2019; and
WHEREAS, Crystal city charter, section 3.12 and Crystal city code, subsection 110.13
indicates ordinances approved by the City Council will be published in summary form and that the
City Council is to approve the form of the summary.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Crystal that the
following summary language is hereby approved for publication of the Ordinance:
CITY OF CRYSTAL
ORDINANCE #2019-05
AN ORDINANCE ADOPTING THE
RECODIFICATION OF THE CRYSTAL CITY CODE
SUMMARY OF ORDINANCE No. 2019-05
Ordinance No. 2019-05 has been approved by the city council on December 3, 2019. A printed
copy of the full text of the ordinance is available for public inspection in the office of the city clerk
and is available on the city’s website.
The ordinance adopts the recodification of the Crystal City Code. The recodification of
the code adopted by this ordinance replaces the previous code and, with some exceptions,
the other ordinances adopted by the City. The recodification is the culmination of a project
undertaken by the City Council, with the assistance of the Code Review Task Force, to
update the City’s code. The updated Crystal City Code is posted and will be maintained
on the City’s website. The ordinance and the updated Crystal City Code are effective 30
days after publication.
BE IT FINALLY RESOLVED, that the City Clerk is hereby authorized and directed to do
each of the following:
1. Publish the approved summary language once in the City’s official newspaper;
2. Place a copy of this Resolution, the full text of the Ordinance, and the affidavit of publication of
6.3
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622692v1CR225-464
the summary language in the City’s ordinance book;
3. Make the full text of the Ordinance available for public inspection in the office of the City Clerk
during the City’s regular business hours; and
4. Post the updated Crystal City Code on the City’s website.
Adopted this 3rd day of December, 2019.
BY THE CITY COUNCIL
_________________________________
Jim Adams, Mayor
ATTEST:
________________________________
Christina Serres, City Clerk
6.3
6.4
6.4
4141 Douglas Drive North • Crystal, Minnesota 55422-1696
Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov
Posted: November 27, 2019
City Council
Work Session Agenda
December 3, 2019
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 December 3, 2019 in
Conference Room A, 4141 Douglas Dr. N., Crystal, Minnesota.
I. Attendance
Council Members Staff
____ Parsons ____ Norris
____ Adams ____ Therres
____ Banks ____ Gilchrist
____ Budziszewski ____ Serres
____ Deshler ____ McGann
____ Kiser ____ Ray
____ LaRoche ____ Revering
____ Sutter
____ Elholm
II. Agenda
The purpose of the work session is to discuss the following agenda items:
1. 2020 budget and tax levy.
2. Constituent issues update. *
3. New business.*
4. Announcements.*
III. Adjournment
The work session adjourned at ______ p.m.
*Denotes no supporting information included in the packet.
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.
December 3, 2019
Council direction
Overall levy increase of 9.03%
3% levy increase to General Fund
6.03% increase to Capital Funds
Includes 1% to Park Improvement Fund
5.03% to Building Fund
All other Capital Funds remain at 2019 levels
2019 Adopted
2020 Council
Direction
2020 %
Change
General levy 9,716,249$ 10,007,543$ 3.00 %
Capital improvements levy
Police Equipment Revolving 154,938 154,938 -
Park Improvement 248,310 358,914 44.54
Fire Equipment Revolvivng - - -
Street Construction 110,144 110,144 -
Total Capital Improvement levy 513,392 623,996 21.54
Internal Service levy
Information Technology 159,179 159,179 -
PIR - -
Buildings 585,888 1,208,275 106.23
Fleet 85,680 85,680 -
Total Internal Service levy 830,747 1,453,134 74.92
EDA 282,744 282,744 -
Total levy 11,343,132$ 12,367,417$ 9.03%%
Overall levy increase of 9.03%
Continuation of investment in capital funds
Significant impact to services (reduction of 3 -
4 FTE positions)
General Fund reductions $389,258
Less staff modifications $200,394
Shortfall $188,864
Capital reductions of $273,431
General Fund
Interest earnings increase 50,000$
Vacant Building Registration (fewer vacant homes)(10,000)
Fire permits (vent hood cleaning)3,500
Antenna revenue 12,000
Election reimbursement 12,000
Co-Rec Volleyball (increased registration)9,000
Seasonal employees - parks 15,000
DWI Grant 30,000
Rental housing licensing (rentals stabilizing)5,000
Planning and Zoning fees (3-year average)1,500
Fines - Administrative Fines (3-year average)25,000
Overtime in assessing and finance 1,840
Electic service Community Center (LED fixtures in
gym)5,000
Legal fee reduction 9,000
Payroll allocation for Community Development 31,554
Total 200,394$
Capital Levy Reductions
Fire Equipment levy 100,000$
Police Equipment Revolving 53,099
Street Construction 6,806
Information Technology 723
Fleet 857
Building 111,946
Total 273,431$
General Fund Budget Shortfall $188,864
2019 Adopted
2020 Proposed -
Alternate
2020 %
Change
General levy 9,716,249$ 10,202,061$ 5.00 %
Capital improvements levy
Police Equipment Revolving 154,938 154,938 -
Park Improvement 248,310 358,914 44.54
Fire Equipment Revolvivng - - -
Street Construction 110,144 110,144 -
Total Capital Improvement levy 513,392 623,996 21.54
Internal Service levy
Information Technology 159,179 159,179 -
PIR - -
Buildings 585,888 1,013,756 73.03
Fleet 85,680 85,680 -
Total Internal Service levy 830,747 1,258,615 51.50
EDA 282,744 282,744 -
Total levy 11,343,132$ 12,367,417$ 9.03 %
Overall levy increase of 9.03%
Continuation of investment in capital funds
No significant impact to services –Staffing is
preserved
General Fund reductions $200,394
Less staff modifications $200,394
Shortfall $ 0
Capital reductions of $467,950
General Fund
Interest earnings increase 50,000$
Vacant Building Registration (fewer vacant homes)(10,000)
Fire permits (vent hood cleaning)3,500
Antenna revenue 12,000
Election reimbursement 12,000
Co-Rec Volleyball (increased registration)9,000
Seasonal employees - parks 15,000
DWI Grant 30,000
Rental housing licensing (rentals stabilizing)5,000
Planning and Zoning fees (3-year average)1,500
Fines - Administrative Fines (3-year average)25,000
Overtime in assessing and finance 1,840
Electic service Community Center (LED fixtures in
gym)5,000
Legal fee reduction 9,000
Payroll allocation for Community Development 31,554
Total 200,394$
General Fund Budget Shortfall $0.00
Capital Levy Reductions
Police Equipment Revolving 53,099$
Park Improvement -
Fire Equipment Revolvivng 100,000
Street Construction 6,806
Information Technology 723
PIR -
Buildings 306,465
Fleet 857
Total 467,950$
QUESTIONS?
Please hand this form to the City Clerk before the meeting begins.
To provide ample opportunity for all, speaking time is limited
to three minutes and topic discussion is limited to 10 minutes.
(Information provided on this form is open to the public)
(please print clearly)
The topic I wish to address is:
Address: 62&-f 7'
Zip Code: (41, 4 Ca I(o� Date:
Day Phone (optional):
Email (optional):
Thank you for your attendance and participation.
Please hand this form to the City Clerk before the meeting begins.
To provide ample opportunity for all, speaking time is limited
to three minutes and topic discussion is limited to 10 minutes.
(Information provided on this form is open to the public)
(please print clearly)
The topic I wish to address is: ,4 c ✓ e cu exX
Name:
Address:— `vj ; QZ A
Zip Code:_ Date: /a 3-1z
Day Phone (optional): GM3-537 y
Email (optional): �A r
Thank you for your attendance and participation.
Please hand this form to the City Clerk before the meeting begins.
To provide ample opportunity for all, speaking time is limited
to three minutes and topic discussion is limited to 10 minutes.
(Information provided on this form is open to the public)
(please print clearly)
The topic I wish to address is:
Name: f>UKT- l.✓ -
Address: (� ?-Dfl 13 6 3 JAIJ
Zip Code: X 2 5 Date: I -z-ill, h
Day Phone (optional):
Email (optional):
Thank you for your attendance and participation.
Please hand this form to the City Clerk before the meeting begins.
To provide ample opportunity for all, speaking time is limited
to three minutes and topic discussion is limited to 10 minutes.
(Information provided on this form is open to the public)
(please print clearly)
The topic I wish to address is: jam, ( +, C6b4-
Name: GSI r 15
Address: 6 1O 0 �
Zip Code: Date: 10 /S) �r
Day Phone (optional): C�
Email (optional): P.A�� 4�,4,yt a C'
Thank you for your attendance and participation.
Please hand this form to the City Clerk before the meeting begins.
To provide ample opportunity for all, speaking time is limited
to three minutes and topic discussion is limited to 10 minutes.
(Information provided on this form is open to the public)
(please print clearly)
The topic I wish to address is:
Name:4.)Arre A
Address: ?j q Scn-
Zip Code: S 9 Z`L Date:
Day Phone (optional):
Email (optional):
Thank you for your attendance and participation.
Please hand this form to the City Clerk before the meeting begins.
To provide ample opportunity for all, speaking time is limited
to three minutes and topic discussion is limited to 10 minutes.
(Information provided on this form is open to the public)
(please print clearly)
The topic I wish to address is: V Ok
Zip Code: � 4 H Date: j -c� _-� d ( CA
Day Phone (optional):
Email (optional):
Thank you for your attendance and participation.