2020.02.18 Council Meeting Packet4141 Douglas Drive North • Crystal, Minnesota 55422-1696
Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov
Posted: February 14, 2020
City Council Meeting Schedule
Tuesday, February 18, 2020
Time Type of meeting Location
6:00 p.m. Citizen Input Time Conference Room A
6:30 p.m.
City Council Work Session to discuss:
Annual communications update.
Donation policy.
City manager monthly check-in.
Constituent issues.
New business.
Announcements.
Conference Room A
7:00 p.m. City Council Meeting Council Chambers
Immediately
following the City
Council meeting
Economic Development Authority (EDA) Meeting Council Chambers
Auxiliary aids are available upon request to individuals with disabilities by calling the City Clerk at
(763)531-1145 at least 96 hours in advance. TTY users may call Minnesota Relay at 711 or 1-800-627-3529.
4141 Douglas Drive North • Crystal, Minnesota 55422-1696
Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov
Posted: February 14, 2020
City Council
Work Session Agenda
February 18, 2020
6:30 p.m.
Conference Room A
Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter,
the work session of the Crystal City Council was held at ______ p.m. on February 18, 2020 in
Conference Room A, 4141 Douglas Dr. N., Crystal, Minnesota.
I. Attendance
Council Members Staff
____ Budziszewski ____ Norris
____ Deshler ____ Therres
____ Kiser ____ Gilchrist
____ LaRoche ____ Peterson
____ Parsons
____ Adams
____ Banks
II. Agenda
The purpose of the work session is to discuss the following agenda items:
1. Annual communications update. *
2. Donation policy.
3. City manager monthly check-in.
4. Constituent issues update. *
5. New business.*
6. 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.
4141 Douglas Drive North • Crystal, Minnesota 55422-1696
Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov
CITY MANAGER WORK PLAN
MONTHLY CHECK IN – FEBRUARY 2020
Objectives:
- Operational planning for achievement of Council goals:
o Thriving Business Climate
Open To Business assistance regularly available
Staff following up to 1/9/20 EDA Work Session discussion about
redevelopment potential – Town Center area
o Create Strong Neighborhoods
Code enforcement – on-going
Implementation of Master Parks System Plan improvement
Home improvement loans/rebates available through CEE
o Fiscally sound and stable policies and practices:
Long term financial planning:
April work session – discuss 2021 – 22 budget process
and parameters
Public safety facility – design in progress
Mayor – State of City – 3/18/20
o Build inclusive community so all feel welcome
Evaluating training options for senior staff/staff for 2020
2020 Census – staff working on various outreach efforts
2020 Frolics programming in progress
o Monthly check in with Council
City manager evaluation 2/13/20 – update 2020 work plan
- Facilitative leadership and vision – update shared vision and common
goals
o Will update goals after 2019 evaluation meeting (2/13/20)
o Mayor’s State of the City – March 18
Page 1 of 2
4141 Douglas Drive North • Crystal, Minnesota 55422-1696
Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov
City Council Meeting Agenda
Tuesday, February 18, 2020
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.Proclamation and Appearances
3.1. Tiffany Kovaleski will share a presentation from Beyond the Yellow Ribbon and Mayor Adams
will read a proclamation affirming Crystal’s commitment to the Quad Cities Beyond the Yellow
Ribbon initiative.
3.2. Police Chief Stephanie Revering will present the Medal of Merit to Sgt. Brandon Dorr and Officer
Rob Hodge and Medal of Valor to Officer Txheng Vang. *
4.Consent Agenda
The Council will consider the following items, which are routine and non-controversial in nature, in a
single motion:
4.1. Approval of the minutes from the following meetings:
a.The City Council meeting on February 4, 2020.
b.The City Council work session on February 4, 2020.
4.2. Approval of the list of license applications submitted by the city clerk to the City Council, a list
that is on file in the office of the city clerk.
4.3. Approval of a resolution accepting the following donations:
a.$1,000 from Affinity Plus Federal Credit Union for Becker Park playground.
b.$1,000 from the Kolb family for Becker Park playground.
4.4. Approval of the updated donation policy.
4.5. Approval of a resolution authorizing a Community Development Block Grant application to fund
improvements to North Lions Park.
4.6. Approval of the summary of the closed City Council work session on February 13, 2020 for the
purpose of evaluating the performance of the city manager.
Crystal City Council Meeting Agenda
February 18, 2020
Page 2 of 2
5. Open Forum
(The City Council appreciates hearing from citizens about items of concern and desires to set aside
time during each meeting for Open Forum. To provide ample opportunity for all, speaking time is
limited to three minutes and topic discussion is limited to ten minutes. The Mayor may, as presiding
officer, extend the total time allowed for a topic. By rule, no action may be taken on any item
brought before the Council during Open Forum. The Council may place items discussed during Open
Forum onto subsequent council meeting agendas.)
6. Regular Agenda
6.1. The Council will consider approval of disbursements over $25,000 submitted by the finance
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 resolution to purchase of a picnic shelter from
Minnesota-Wisconsin Playground for Iron Horse Park.
The capital plan includes funds for a picnic shelter for Iron Horse park. Recommend approval
of the purchase of the picnic shelter for Iron Horse Park.
7. Announcements
a. The Crystal Business Association meets Wednesday, February 19 at 8:30 a.m. at St. Therese, 8000
Bass Lake Road, New Hope.
b. Hennepin County is hosting a community feedback session on the Bottineau corridor planning
efforts on Thursday, February 20 from 6-8 p.m. at Robbinsdale City Hall.
c. Due to the Presidential Nomination Primary election on March 3, the March City Council
meetings are March 10 and 24, at 7 p.m. in the Council Chambers at City Hall.
d. The Bowling for K9 Officer Leo fundraiser is Sunday, March 15, 10:30 a.m. – 2 p.m. at New Hope
Bowl.
e. The second annual Cheers to Crystal fundraiser is Friday, March 20, 6 – 9 p.m.at the Community
Center. Tickets are available at www.cheerstocrystal.com.
f. Local organizations are invited to lead the pledge at City Council meetings; contact city staff for
information.
g. 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.
City offices are closed on Monday, February 17 in observance of the President’s Day holiday.
Have a great weekend; see you at Tuesday’s meeting.
3.1
3.1
Crystal City Council meeting minutes February 4, 2020
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
February 4, 2020 at 7:02 p.m. in the Council Chambers at City Hall, 4141 Douglas Dr. N. in Crystal,
Minnesota. Mayor Adams called the meeting to order.
Roll Call
Mayor Adams asked the assistant city manager to call the roll for elected officials. Upon roll call, the
following attendance was recorded:
Council members present: Budziszewski, Deshler, Kiser, Adams, and Banks.
Absent: LaRoche and Parsons.
City staff present: City Manager A. Norris, Assistant City Manager/Human Resources Manager K.
Therres, City Attorney T. Gilchrist, West Metro Fire-Rescue District Fire Chief S. Larson, and
Community Development Director J. Sutter.
Pledge of Allegiance
Mayor Adams led the Council and audience in the Pledge of Allegiance.
2.Approval of Agenda
The Council considered approval of the agenda.
Moved by Council Member Banks and seconded by Council Member Kiser to approve the agenda.
Motion carried.
3.Appearances
3.1 West Metro Fire-Rescue District Chief Larson presented the Chief’s Commendation to John
Nelson.
4.Consent Agenda
The Council considered the following items, which are routine and non-controversial in nature, in a
single motion:
4.1 Approval of the minutes from the following meetings:
a.The City Council meeting on January 21, 2020.
b.The City Council work session on January 21, 2020.
4.2 Approval of the list of license applications submitted by the city clerk to the City Council, a list
that is on file in the office of the city clerk.
4.3 Approval of a resolution accepting the following donations:
a. $500 from Crystal Lions for Becker Park Playground.
b. $500 from Crystal Lions for Crystal Police Explorers.
c. $452.90 from donation boxes for Crystal Police K9 Unit.
4.4 Approval of a temporary on-sale liquor license for the Cheers to Crystal event on March 20,
2020 at the Crystal Community Center, submitted by Crystal Fund for Community Programs, Inc.
4.1(a)
Crystal City Council meeting minutes February 4, 2020
Page 2 of 4
4.5 Approval of a resolution appointing election judges for the 2020 Presidential Nomination
Primary Election.
Moved by Council Member Deshler and seconded by Council Member Budziszewski to approve the
consent agenda.
Motion carried.
5. Open Forum
No public comment was given during open forum.
6. Public Hearing
6.1 Mayor Adams announced the purpose of the public hearing:
To receive comment and Council consideration of a resolution vacating drainage and utility
easements at 3501 Douglas Drive North.
Community Development Director John Sutter addressed the Council.
Mayor Adams opened the public hearing for testimony.
There being no one wishing to appear before the Council to give testimony, Mayor Adams
declared the public hearing closed.
Moved by Council Member Banks and seconded by Council Member Budziszewski to adopt the
following resolution:
RESOLUTION NO. 2020 – 22
RESOLUTION VACATING EASEMENTS WITHIN THE
PLATS OF DOUGLAS PLAZA, DOUGLAS MEDICAL PLAZA AND ANDERSONS
GARDENDALE ACRES
Voting aye: Budziszewski, Deshler, Kiser, Adams, and Banks.
Absent, not voting: LaRoche and Parsons.
Motion carried, resolution declared adopted.
7. Regular Agenda
7.1 The Council considered approval of disbursements over $25,000 submitted by the finance
department to the city council, a list that is on file in the office of the finance department.
Moved by Mayor Adams and seconded by Council Member Deshler to approve the list of
disbursements over $25,000.
Voting aye: Deshler, Kiser, Adams and Banks.
Absent, not voting: LaRoche and Parsons.
Abstentions: Budziszewski. Motion carried.
7.2 The Council considered a resolution for a lot consolidation plat for 3501 Douglas Drive North.
Community Development Director John Sutter addressed the council.
4.1(a)
Crystal City Council meeting minutes February 4, 2020
Page 3 of 4
Moved by Council Member Budziszewski and seconded by Council Member Banks to adopt the
following resolution:
RESOLUTION NO. 2020 – 23
RESOLUTION APPROVING SUITE LIVING OF CRYSTAL FINAL PLAT
Voting aye: Budziszewski, Deshler, Kiser, Adams, and Banks.
Absent, not voting: LaRoche and Parsons.
Motion carried, resolution declared adopted.
7.3 The Council considered the second reading of an ordinance rezoning 3501 Douglas Drive North to
Planned Development for a proposed Hampton Companies 32-unit assisted living facility and
resolution authorizing summary publication of the ordinance.
Community Development Director John Sutter addressed the Council.
Moved by Council Member Budziszewski and seconded by Council Member Kiser to adopt the
following ordinance:
ORDINANCE NO. 2020 – 01
AN ORDINANCE AMENDING THE ZONING MAP TO REZONE PROPERTY FOR
HAMPTON COMPANIES LOCATED AT 3501 DOUGLAS DRIVE NORTH
FROM COMMERCIAL (C) AND LOW DENSITY RESIDENTIAL (R-1)
TO COMMERCIAL (C) – PLANNED DEVELOPMENT
And further, that this is the second and final reading.
Voting aye: Budziszewski, Deshler, Kiser, Adams, and Banks.
Absent, not voting: LaRoche and Parsons. Motion carried.
Moved by Council Member Budziszewski and seconded by Council Member Kiser to adopt the
following resolution:
RESOLUTION NO. 2020 – 24
RESOLUTION APPROVING SUMMARY LANGUAGE
FOR PUBLICATION OF ORDINANCE NO. 2020-01
By roll call and voting aye: Budziszewski, Deshler, Kiser, Adams, and Banks.
Voting nay:
Absent, not voting: LaRoche and Parsons.
Motion carried, resolution declared adopted.
8. Announcements
The Council made several announcements about upcoming events.
9. Adjournment
Moved by Council Member Budziszewski and seconded by Council Member Kiser to adjourn the
meeting.
Motion carried.
4.1(a)
Crystal City Council meeting minutes February 4, 2020
Page 4 of 4
The meeting adjourned at 7:31 p.m.
_____________________________________
Jim Adams, Mayor
ATTEST:
__________________________________
Kim Therres, Assistant City Manager
4.1(a)
Crystal City Council work session minutes February 4, 2020
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 6:32 p.m. on February 4, 2020 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: Banks, Budziszewski, Deshler, Kiser, and Adams.Absent: LaRoche and Parsons.
City staff present: City Manager A. Norris, Assistant City Manager/Human Resources Manager
K. Therres, City Attorney T. Gilchrist and West Metro Fire-Rescue District Fire Chief S. Larson.
II.Agenda
The Council and staff discussed the following items:
1.West Metro Fire-Rescue District quarterly update.
2.Environmental Quality Commission recommendation regarding polystyrene.
3.Constituent issues update.
4.New business.
5.Announcements.
III.Adjournment
The work session adjourned at 6:59 p.m.
________________________________
Jim Adams, Mayor
ATTEST:
Kim Therres, Assistant City Manager
4.1(b)
Page 1 of 1
City of Crystal Council Meeting
February 18, 2020
Applications for City License
Rental – New
5136 Edgewood Ave. N. – Mitchell Investment Properties LLC (Conditional)
3505 June Ave. N. – Jessica Solinsky (Conditional)
5932 Rhode Island Ave. N. – Amanda Le (Conditional)
6901-6903 36th Ave. N. – James Henkel Randall Rada (Conditional)
Rental – Renewal
5203 Angeline Ave. N. – Abdirahman Adam (Conditional)
5331 Angeline Ave. N. – Scott Perpich
3505 Brunswick Ave. N. – Donald Weld (Conditional)
5756 Brunswick Ave. N. – Michael Mohinani (Conditional)
2743 Douglas Dr. N. – Reese Pfeiffer and Michael Fruen (Conditional)
4817 Douglas Dr. N. – FYR SFR Borrower LLC (Conditional)
5944 Elmhurst Ave. N. – Patrick D Archer
5204 Fairview Ave. N. – DEEJ LLC (Conditional)
4807 Hampshire Ave. N. – Tim and Leah Austin
4065 Idaho Ave. N. – Harry Green LLC (Conditional)
5924 Idaho Ave. N. – Andrew and Nicole Fischer (Conditional)
5943 Jersey Ave. N. – James M Waters (Conditional)
5228 Kentucky Ave. N. – Michael Mills
3432 Regent Ave. N. – Bin Wang
5624 Rhode Island Ave. N. – James Hopper
5809 Rhode Island Ave. N. – AH Properties LLC
3131 Sumter Ave. N. – Central Crystal Village LLC (Conditional)
5601 Twin Lake Ter. – HPA JV Borrower 2019-1 ATH LLC (Conditional)
5519 Vera Cruz Ave. N. – On the Home Front LLC
8009 33rd Pl. N. – CRGV Properties LLC
6509 38th Ave. N. – John Spilane (Conditional)
5610 56th Ave. N. – Khue Dang (Conditional)
Tree Trimmer
Central MN Tree Service 480 Rice Creek Blvd Fridley, MN 55432
Minnesota Tree Experts 7527 Oliver Ave N Brooklyn Park, MN 55444
Rainbow Tree Company 11571 K-Tel Dr Minnetonka, MN 55343
4.2
CITY OF CRYSTAL
RESOLUTION NO. 2020 –
RESOLUTION ACCEPTING DONATIONS FROM
AFFINITY PLUS FEDERAL CREDIT UNION AND THE KOLB FAMILY
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
Affinity Plus Federal Credit Union Becker Park playground $1,000
The Kolb family Becker Park playground $1,000
AND, BE IT FURTHER RESOLVED that the Crystal City Council sincerely thanks the above-
named for their generous donations.
Dated: February 18, 2020
By: __________________________
Jim Adams, Mayor
ATTEST:
______________________________
Kim Therres, Assistant City Manager
4.3
4.4
4.4
4.4
4.4
4.4
4.4
4.4
PAGE 1 OF 4
_____________________________________________________________________
FROM: John Sutter, Community Development Director
_____________________________________________________________________
D ATE: February 13, 2020
TO: Anne Norris, City Manager (for February 18 Council meeting)
SUBJECT: Consider a resolution authorizing an application for Community
Development Block Grant Funds for construction of improvements at North
Lions Park
The city is planning to make improvements to North Lions Park at 6100 Kentucky Ave. N. in
the second half of 2020. The project would include the following:
•New concrete surfacing for the winter rink which would also be a wheelchair-accessible
hard surfaced play area during the rest of the year - concrete contractor (part of project
cost)
•New dasher boards for rink - equipment purchase (part of project cost), installed by city
forces (in-kind, not part of project cost)
•New lights for rink - equipment purchase (part of project cost)
•Installation of new lights for rink - electrical contractor (part of project cost)
•Retrofit bathrooms so one is fully accessible and both are gender-neutral - equipment
purchase (part of project cost), installed by city forces (in-kind, not part of project cost)
•Replace drinking fountains so they are fully accessible - equipment purchase (part of
project cost), installed by city forces (in-kind, not part of project cost)
The estimated total project cost is $250,000. The city has secured $150,000, comprised of
$100,000 from the city's Park Improvement Fund and a $50,000 Hennepin County Youth
Sports grant. This leaves an unmet funding need of $100,000 for this project.
Staff requests Council authorization to apply for $100,000 from the federal Community
Development Block Grant (CDBG) program. This project is eligible for CDBG because the
North Lions Park neighborhood and adjacent neighborhoods in Brooklyn Park and New Hope
are located in low-moderate income Census block groups. Because the CDBG program has
only $450,000 to award for Consolidated Pool projects, and said pool is comprised of 30
Hennepin County cities who could potentially submit competing applications, we do not know
the likelihood of receiving full or even partial funding of this request.
The application is due on February 26 and funding awards will be announced in May.
Council adoption of the attached resolution is requested.
COUNCIL STAFF REPORT
North Lions Park Project
Authorize CDBG Application
4.5
PAGE 2 OF 4
4.5
PAGE 3 OF 4
Location Map
2018 Aerial Photo
4.5
PAGE 4 OF 4
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NORTH
4.5
4141 Douglas Drive North • Crystal, Minnesota 55422-1696
Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov
SUMMARY OF FEBRUARY 13, 2020
CLOSED CITY COUNCIL WORK SESSION
The Crystal City Council held a closed work session pursuant to Minnesota Statutes,
section 13D.05, subdivision 3(a) on February 13, 2020, for the purpose of evaluatin g the
performance of the City Manager. Pursuant to the same section of the Open Meeting
Law, the City Council is required to summarize its conclusions regarding the evaluation
at its next open meeting. The City Council discussed the City Manager’s performance
and will proceed with developing the City Manager’s 2020 work plan and will consider
renewal of the City Manager’s contract at its March 10, 2020 regular City Council
meeting.
4.6
6.1
4141 Douglas Drive North • Crystal, Minnesota 55422-1696
Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov
Memorandum
DATE: February 13, 2020
TO: Mayor and City Council
Anne Norris, City Manager
FROM: John Elholm, Recreation Director
SUBJECT: Iron Horse Park Picnic Shelter
The 2020 capital budget includes funds for improvements at Iron Horse Park. One proposed
feature is the addition of a picnic shelter near the center of the park. Quotes were received
from four vendors to furnish and install a 20’ x 20’ picnic shelter; not including concrete work.
The shelter was specified to have a structural steel frame with a standing seam metal roof.
Quotes are as follows:
•Minnesota – Wisconsin Playground $ 29,949
•Flagship Recreation $ 32,951
•Webber Recreation $ 33,400
•Northland Recreation $ 40,714
The budget for the project; including shelter, concrete work, lights and related features is $70,000.
Staff recommends approval of the attached resolution to enter into an agreement with Minnesota-
Wisconsin Playground to furnish and install a 20’ x 20’ picnic shelter in the amount of $29,949;
$22,524 for the shelter and $7,425 for the installation.
6.2
CITY OF CRYSTAL
RESOLUTION 2020 -
RESOLUTION IN SUPPORT OF HIRING A CONTRACTOR TO BUILD
A 20’ x 20’ PICNIC SHELTER IN IRON HORSE PARK
WHEREAS, the City of Crystal owns and operates Iron Horse Park, and
WHEREAS, the 2020 capital budget includes funds to build a new picnic shelter in Iron Horse Park, and
WHEREAS, quotes have been received from four vendors to furnish and install the picnic shelter
according to specifications, and
WHEREAS, the lowest quote was received from Minnesota – Wisconsin Playground in the amount of
$29,849;
THEREFORE, BE IT RESOLVED:
A. That the Crystal City Council wishes to enter into an agreement with Minnesota – Wisconsin
Playground, in the amount of $29,949; $22,524 for the shelter and $7,425 for installation of a
20’ x 20’ picnic shelter in Iron Horse Park.
B. That the Crystal City Council hereby authorizes the City Manager to sign the agreements with
Minnesota – Wisconsin Playground for this project.
Adopted by the Crystal City Council this 18th day of February, 2020.
________________________
Jim Adams, Mayor
ATTEST:
___________________________
Kim Therres, Assistant City Manager
6.2
1
637231v2CR225-431
PICNIC SHELTER INSTALLATION AGREEMENT
THIS PICNIC SHELTER INSTALLATION AGREEMENT (“Agreement”) is made and entered
into this ___ day of ____________, 2020, by and between the City of Crystal, a Minnesota municipal
corporation, located at 4141 Douglas Drive North, Crystal , Minnesota 55422 (“City”), and
Minnesota-Wisconsin Playground, a Minnesota company, located at 5101 Highway 55, suite 6000,
Golden Valley, MN 55422 (“Contractor”). The City and the Contractor may hereinafter be referred
to individually as a “party” or collectively as the “parties.”
RECITALS
A. The City desires to have a picnic shelter installed at Iron Horse Park, which is a City Park
located at 5180 Kentucky Avenue North (“Park”).
B. The Contractor provided the City written quotes to provide the materials and to construct a
20’ x 20’ x 9’ picnic shelter (not including concrete) at the Park in accordance with the
specifications established by the City (“Project”).
C. The Contractor desires to undertake and complete the Project for the City in accordance with
the terms and conditions of this Agreement.
AGREEMENT
In consideration of the mutual promises and agreements contained herein, and intending to
be legally bound, the City and the Contractor hereby agree as follows:
1. Scope of Work.
a. The Contractor, for and in consideration of the payment or payments herein specified
and to be made by the City, covenants and agrees to furnish all materials, all necessary
tools, and equipment, and to do and perform all the work and labor necessary to
complete the Project, all in strict conformity with the Contractor’s quote and scope of
work contained in the attached Exhibit A (all work, materials and equipment set forth
in this paragraph and contained in Exhibit A are hereinafter collectively referred to as
the “Specifications”). Said Specifications are hereby fully incorporated as part of this
Agreement.
b. The Contractor agrees that all work and labor shall be done in the best and most
diligent manner and that all materials and labor shall be in entire and strict conformity
in every respect with the said Specifications and shall be subject to the inspection and
approval by the proper authorities of the City for the supervision of the work, and in
case any of said material or labor shall be rejected by the City as defective or
unsuitable, then the materials shall be removed and replaced with other approved
materials and the labor shall be done anew to the satisfaction and approval of the City
at the cost and expense of the Contractor.
6.2
2
637231v2CR225-431
c. The Contractor agrees to make good, replace, and renew at the Contractor’s own cost
and expense any loss or damage to the work and Project occurring during the
installation or prior to the final acceptance thereof by the City, by reason of fire,
tornado, theft, or any cause whatsoever, and to be wholly responsible for the
installation, completion and delivery of the Project in its entirety for the final
acceptance by the City; and any payment or payments made to the Contractor
hereunder, shall not be construed as operating to relieve the Contractor from
responsibility for the construction and delivery of the Project as provided and agreed
through this Agreement.
2. Schedule; Liquidated Damages.
a. The Contractor agrees to commence the work on the Project at the earliest practicable
date and to prosecute the same diligently and without delay and to have the work
entirely completed in every respect to the satisfaction and approval of the City on or
before August 15, 2020. In case of the failure on the part of the Contractor, for any
reason except with the written consent of the council of the City, to complete the
Project on or before said date, the City shall have the right to deduct from any money
due or which may become due to the Contractor, the amount of two hundred dollars
($200.00) per day for each and every day elapsing between the time stipulated for the
completion and the actual date of completion, in accordance with the terms thereof;
or if no moneys shall be due the Contractor, the City shall have the right to recover
such sum; such deduction to be made or such sum to be recovered not as a penalty,
but as liquidated damages. The Contractor agrees that it will be difficult for the City
to determine the amount of all damages that the City would incur as a result of delay
and that the liquidated damages set forth in this paragraph are reasonable.
b. The Contractor agrees to notify the City in writing of any and all causes of delay of
work, or any part thereof, within 24 hours after such cause of delay shall arise, and in
case of the failure of the Contractor to perform this Agreement and complete the work
at the time hereinafter specified, the City may immediately, or at any time thereafter,
proceed to complete the work at the cost and expense of the Contractor. Upon receipt
of written notice from the Contractor of the existence of causes over which the
Contractor has no control and which must delay the completion of the work, including
without limitation, fire, flood, epidemic, strikes, wars, acts of God, acts of public
authorities, or delays or defaults caused by public carriers, the City shall reasonably
extend the date previously specified for the completion of the work and in such case
the Contractor shall only become liable for such liquidated damages for failure to
perform during any delay after the time is so extended.
3. Compensation.
a. This is a lump sum agreement. The City agrees to pay the Contractor the lump sum
identified in the Contractor’s quote, which is attached hereto as Exhibit A. If the
Contractor properly performs the work, the City shall, from month to month before
completion of the work and pursuant to invoices from the Contractor, pay the
6.2
3
637231v2CR225-431
Contractor up to 95 percent of the amount already earned under the Agreement. When
the work is 95 percent or more completed, upon the sole determination of City staff,
such portions of the retained price shall be released only as the City determines it need
not be retained to protect the interest of the City in the satisfactory completion of the
Agreement. The balance shall be retained by the City until the final performance and
completion of this Agreement by the Contractor to the satisfaction, approval, and
acceptance of the City including provision by the Contractor of Minn. Dept. of
Revenue Form IC-134 or other authorized proof of the Contractor’s compliance with
applicable state laws.
b. No claim for extra work done or materials furnished by the Contractor will be made
by the Contractor or allowed by the City, nor shall the Contractor do any work or
furnish any materials not covered by the Specifications, unless such work or materials
is ordered in writing by the City. Any such work or materials which may be done or
furnished by the Contractor without such written order first being given, shall be at
the Contractor's own risk and expense.
4. Non-Discrimination. The Contractor agrees that in the hiring of common or skilled labor for
the performance of any work under this Agreement or any subcontract hereunder, no
contractor, material supplier, or vendor, shall, by reason of race, color, sex, creed, national
origin, disability, age, sexual orientation, status with regard to public assistance, or religion,
discriminate against any person or persons who are qualified and available to perform the
work to which such employment relates; that neither the Contractor nor any subcontractor,
material supplier, or vendor, shall in any manner discriminate against, or intimidate, or prevent
the employment of any such person or persons from the performance of work under this
Agreement or any subcontract hereunder on account of race, color, sex, creed, national origin,
disability, age, sexual orientation, status with regard to public assistance, or religion.
5. Insurance. The Contractor shall maintain commercial general liability coverage for all work
covered under the Agreement in at least the amounts of $1,500,000.00 per occurrence for
combined bodily injury and property damage, and $2,000,000 in the general aggregate, and
commercial automobile liability insurance in at least the amount of $1,000,000 per occurrence
for combined bodily injury and property damage covering owned, non-owned, and hired
automobiles. The Contractor shall provide the City with a current certificate of insurance
listing the City as an additional insured with respect to the aforementioned policies. To meet
the requirements herein, the Contractor may use a combination of excess and umbrella
coverage. The Contractor also agrees to keep in force during the entire term of this Agreement
statutory workers’ compensation insurance.
6. Indemnification. The Contractor hereby agrees to protect, defend and hold the City and its
officers, elected and appointed officials, employees, administrators, commissioners, agents,
and representatives harmless from and indemnified against any and all loss, costs, fines,
charges, damage and expenses, including, without limitation, reasonable attorneys’ fees,
consultants’ and expert witness fees, and travel associated therewith, due to claims or
demands of any kind whatsoever (including those based on strict liability) only to the extent
caused by and arising out of (i) the activities contemplated by this Agreement, (ii) including,
6.2
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637231v2CR225-431
without limitation, any claims for any lien imposed by law for services, labor or materials, or
(iii) by reason of the execution of this Agreement or the performance of this Agreement. The
Contractor, and the Contractor’s successors or assigns, agree to protect, defend and save the
City, and its officers, agents, and employees, harmless from all such claims, demands,
damages, and causes of action and the costs, disbursements, and expenses of defending the
same, including but not limited to, attorneys’ fees, consulting engineering services, and other
technical, administrative or professional assistance. The Contractor further agrees to
indemnify the City and hold it harmless from and against any and all claims, suits, and actions
against, and all loss, damage, costs, or expense to the City occasioned by or arising from any
infringement or claim of infringement of any letters patent, or patent rights upon or covering
any patented article or articles furnished or installed by the Contractor under this Agreement
for the City, of from or by reason of the use by the City of any patented article or articles
furnished or installed by the Contractor for the City under this Agreement. The indemnity
contained in this paragraph shall be continuing and shall survive the performance or
cancellation of this Agreement. Nothing in this Agreement shall be construed as a limitation
of or waiver by the City of any immunities, defenses, or other limitations on liability to which
the City is entitled by law, including but not limited to the maximum monetary limits on
liability established by Minnesota Statutes, Chapter 466, or otherwise.
7. Independent Contractor. The Contractor and its employees are not employees of the City.
Nothing in the Agreement is intended or should be construed in any manner as creating or
establishing the relationship as employer/employee, co-partners, or a joint venture between
the City and the Contractor. It is agreed that the Contractor and its employees will act as an
independent contractor and acquire no rights to tenure, workers’ compensation benefits,
unemployment compensation benefits, medical and hospital benefits, sick and vacation leave,
severance pay, pension benefits or other rights or benefits offered to employees of the City.
The manner in which the Project is to be performed shall be controlled by the Contractor;
however, the nature of the services and the results to be achieved shall be specified by the
City.
8. Termination. The City may terminate this Agreement upon 30 days’ written notice, except
that if the Contractor is in default and fails to cure the default within ten days following written
notice by the City, the City has the right to terminate this Agreement immediately upon written
notice of termination. The Contractor will be paid for services properly rendered and
equipment property installed prior to the effective date of termination. The following
provisions of this Agreement shall survive expiration, termination, or cancellation of this
Agreement: Indemnification; Insurance; Governing Law; Data Practices; and Audit.
9. Amendments. Any amendment to this Agreement must be in writing and signed by both
parties.
10. Assignment. No assignment or attempted assignment of this Agreement or of any rights
hereunder shall be effective without the prior written consent of the City.
11. Authority. Each of the undersigned parties warrants it has the full authority to execute this
Agreement.
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637231v2CR225-431
12. No Personal Liability. No officer, agent or employee of the City shall be personally liable
to the Contractor, or any successor in interest, in the event of any default or breach by the City
on any obligation or term of this Agreement.
13. Notices. Any notice, demand, or other communication under this Agreement by either party
to the other shall be sufficiently given or delivered if it is dispatched by registered or certified
mail, postage prepaid, return receipt requested, or delivered personally to the addresses listed
in the preamble to this Agreement, or at such other address with respect to either such party
as that party may, from time to time, designate in writing and forward to the other as provided
in this section.
14. No Agency. The Contractor acknowledges that nothing contained in this Agreement nor any
act by the City or the Contractor shall be deemed or construed by the Contractor or by any
third person to create any relationship of third-party beneficiary, principal and agent, limited
or general partner, or joint venture between the City and the Contractor.
15. Counterparts. This Agreement may be executed in any number of counterparts, each of
which shall constitute one and the same instrument.
16. Governing Law. This Agreement shall be governed by and construed in accordance with the
laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this
Agreement shall be heard in the state or federal courts of Minnesota, and all parties to this
Agreement waive any objection to the jurisdiction of these courts, whether based on
convenience or otherwise.
17. Compliance with Laws. The Contractor warrants that all work performed pursuant to this
Agreement shall be in compliance with all federal, state and local laws, ordinances,
regulations, rules, and standards.
18. Entire Agreement. This Agreement, any attached exhibits and any addenda or amendments
signed by the parties shall constitute the entire Agreement between the City and Contractor,
and supersedes any other written or oral agreements between and City and Contractor.
19. Severability. In the event that any one or more of the provisions of this Agreement, or any
application thereof, shall be found to be invalid, illegal or otherwise unenforceable, the
validity, legality, and enforceability of the remaining provisions in any application thereof
shall not in any way be affected or impaired thereby.
20. Waivers. No failure by any party to insist upon the strict performance of any covenant, duty,
agreement, or condition of this Agreement or to exercise any right or remedy consequent upon
a breach thereof, shall constitute a waiver of any such breach of any other covenant,
agreement, term, or condition, nor does it imply that such covenant, agreement, term or
condition may be waived again.
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21. Data Practices. Any and all data created, collected, received, stored, used, maintained, or
disseminated by the parties pursuant to this Agreement shall be administered in accordance
with, and is subject to the requirements of the Minnesota Government Data Practices Act,
Minnesota Statutes, Chapter 13.
22. Audit. The Contractor agrees that the City, the Minnesota State Auditor, and Minnesota
Legislative Auditor, or any of their duly authorized representatives, at any time during normal
business hours and as often as they may reasonably deem necessary, shall have access to and
the right to examine, audit, excerpt and transcribe any books, documents, papers, and records
that are relevant and involve transactions relating to this Agreement for six years following
termination of this Agreement.
IN WITNESS THEREOF, the parties hereto have executed this Agreement as of the day
and year written above.
CITY: CONTRACTOR:
By: _____________________________ By: ___________________________
Jim Adams
Its: Mayor
By: ______________________________ Its: ___________________________
Anne Norris
Its: City Manager
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Appendix A
637231v2CR225-431
EXHIBIT A
Contractor’s Quote
6.2
Appendix A
637231v2CR225-431
6.2
Appendix A
637231v2CR225-431
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637231v2CR225-431
6.2
Appendix A
637231v2CR225-431
2020
20’ by 20’ Park Shelter
Specifications
• 5” minimal dimension columns
• Powder coated steel
• 8:12 pitch roof or greater
• Gable end sunburst design (City logo)
• Standing seam roofing (24 gauge, 16” wide panels)
• 9’ eave height
• Tongue and grove pine ceiling
• Two single gang electrical cut outs in corner posts
• Ceiling cut out in center of beam for light
• Beams cut out for electrical raceway
• Engineered drawings
EXHIBIT B
Quote Specifications
6.2
AGENDA
ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF CRYSTAL
• REGULAR MEETING •
TUESDAY, FEBRUARY 18, 2020
IMMEDIATELY FOLLOWING THE 7:00 P.M. CITY COUNCIL MEETING
CRYSTAL CITY HALL
COUNCIL CHAMBERS
1. Call to order *
2. Roll call *
3. Consider approval of minutes from the January 7, 2020 meeting, January 9, 2020
work session and February 4, 2020 work session
4. Consider approval of the 2020 Work Program
5. Closed session to determine a price for the sale of 5565 Vera Cruz Ave. N.
6. Closed session to determine whether to make a purchase offer for 4749 Welcome
Ave. N.
7. Other business *
8. Adjournment *
*Items for which no materials are included in the packet
Minutes of the
Economic Development Authority of the City of Crystal
Annual Organizational Meeting
Council Chambers
January 7, 2020
1. Call to Order
President LaRoche called the work session of the Economic Development Authority of
the City of Crystal (EDA) to order at 7:40 p.m.
2. Roll Call
Upon call of the roll, the following members were present: Jim Adams, Brendan Banks,
John Budziszewski, Julie Deshler, Therese Kiser, Nancy LaRoche and Olga Parsons.
The following staff were present: Executive Director Anne Norris, Deputy Executive
Director John Sutter and City Attorney Troy Gilchrist.
3. Election of Officers
The Mayor recommended the following slate of EDA officers for 2020:
President: LaRoche
Vice President: Parsons
Secretary: Deshler
Treasurer: Banks
Moved by Commissioner Parsons (Adams) to approve the Mayor’s recommended slate of
EDA officers for 2020. Motion carried.
4. Approval of Minutes
Moved by Commissioner Deshler (Banks) to approve the minutes from the December 17,
2019 meeting. Motion carried.
5. Other Business
There was no other business.
6. Adjournment
Moved by Commissioner Budziszewski (Adams) to adjourn the meeting. Motion carried.
The meeting adjourned at 7:46 p.m.
Minutes of the
Economic Development Authority of the City of Crystal
Work Session
Council Chambers
January 9, 2020
1. Call to Order
President LaRoche called the work session of the Economic Development Authority of
the City of Crystal (EDA) to order at 6:35 p.m.
2. Roll Call
Upon call of the roll, the following members were present: Jim Adams,
John Budziszewski, Julie Deshler, Therese Kiser, Nancy LaRoche and Olga Parsons.
The following staff were present: Executive Director Anne Norris, Deputy Executive
Director John Sutter, and City Planner Dan Olson.
3. Tabletop exercise to discuss potential redevelopment sites in Crystal’s Town Center
zoning districts (Bass Lake Road/West Broadway area).
EDA members and staff moved around the room to view and discuss several aerial
photos of the Town Center area, market trend information and branding ideas.
4. Adjournment
The meeting adjourned at 8:26 p.m.
Minutes of the
Economic Development Authority of the City of Crystal
Work Session
Conference Room A
February 4, 2020
1. Call to Order
Secretary Deshler called the work session of the Economic Development Authority of the
City of Crystal (EDA) to order at 7:40 p.m.
2. Roll Call
Upon call of the roll, the following members were present: Jim Adams, Brendan Banks,
John Budziszewski, Julie Deshler, and Therese Kiser.
The following staff were present: Executive Director Anne Norris and Deputy Executive
Director John Sutter.
3. 2019 Annual Report
Staff presented the 2019 Annual Report to the EDA.
4. Draft 2020 Work Program.
Staff presented the draft 2020 Work Program for review and discussion.
5. Adjournment
The meeting adjourned at 8:48 p.m.
Approved by EDA
February 18, 2020
Staff Contact:
John Sutter
Community Development Director
(763) 531-1130
john.sutter@crystalmn.gov
www.crystalmn.gov
Branding and Beautification
Façade Enhancement Incentive
•EDA share would be 50% of qualifying costs paid to property owner upon
completion
•EDA share secured by a no-interest deferred loan to be forgiven after 5 years
•We will seek Henn Co funding (again)
•If Henn Co doesn’t provide funding, there will be no program
Murals
•Identify preferred locations (location, visibility, etc.)
•Seek private grants (typically require funds to pass through the city)
•Requires buy-in from property owners
“Town Center” Branding
•Develop logo (in progress)
•Use first in development marketing materials
•Then roll out to property owners and businesses in the area
•Expect a gradual uptake by the community over time -in much the same manner
as the neighborhood names which were first coined 20 years ago
Branding and Beautification
Planter Boxes
•8 will be placed on Bass Lake Road as in 2019
•12 more to be placed as follows:
-6 on Douglas Dr south of 36th
-6 on 42nd Ave from Adair Ave to Douglas Dr
•$3,700 estimated expenditure to purchase 12 planter boxes plus $2,000 estimated
expenditure for soil and flowers for 20 planters
•$5,000 budgeted in Beautification line item (other line items will be below budget)
Litter Clean-Up by Sentenced to Service program (STS)
•There’s no way to fully control litter, but this makes a noticeable difference
•Cost is roughly $385 each time (we get a crew for a day)
•Once every three weeks from mid-April -mid-November
•$4,300 estimated expenditure
•$5,000 budgeted in Rubbish Removal line item
Promotion
Residential Marketing Package
•Focus on quality of life, neighborhoods, city responsiveness & financial practices
•Dry run: Presenting to District 281 Realtors’ Forum on April 2
Commercial Marketing Package
•Focus on city responsiveness & financial practices, access, workforce
•Will include business testimonials
Developer Marketing Package
•Specific marketing package for the Town Center area
•Primarily aimed at developers
•Part of Bottineau corridor “Northwest Crossing” marketing efforts
Continue membership in Open to Business
•Technical assistance at no cost to small business start-ups or expansions
•EDA cost is $3,750 per year and matched by Hennepin County
•Enhanced outreach and promotion in 2020 concurrent with other efforts
Disposition of EDA Property
4824 56th
•Could be split into two 52.5’-wide lots for single
family homes
•Monitoring well will be there at least another year
•Hold until early 2021, then reevaluate
5565 Vera Cruz
•Attempt to sell to adjacent commercial property owner
(flower shop)
•If that doesn’t happen, then attempt to rearrange lot
lines to create a buildable lot to sell for single family
home construction
4741 Welcome
•Guided medium density residential -allows up to 7
units on the property
•If combined with adjacent property at 4749 Welcome,
site could have up to 12 units
•Wait to see what happens with 4749 Welcome
(currently for sale by auction), then reevaluate
Disposition of EDA Property
3443 Douglas Dr and 3443 Edgewood
•Vacant lots south and west of Hampton Companies site
at 3501 Douglas Dr
•Extension of Edgewood north of 34th would be required
for development of these and several other lots owned
by other parties - may not be feasible
•Hold until early 2021, then reevaluate after Hampton
Companies assisted living facility is complete
3401-3415 Douglas Dr
•Currently in talks with developer interested in the site
•Guided medium density residential -allows up to 17
units (presumably townhomes)
3354 Douglas Dr and 6213 34th
•Guided medium density residential -allows up to 12
units (presumably townhomes)
•Property to south (3342 Douglas Dr) has a single family
home on two oversized lots; if combined with current
EDA site, could have up to 30 units
•Hold until adjacent owner ready to sell for development
Disposition of EDA Property
3240 Hampshire
•Remnant left over after selling 3244
Hampshire lot for new home in 2000
•South portion not buildable due to soils and
wetland issues
•North portion (behind 3244) may be buildable
but would require driveway, water and sewer
from Georgia Avenue -may not be feasible
•Hold until early 2021, then reevaluate
3556 Major
•Currently for sale for $25,000 for new home
construction
3409 June
•One of 15 contiguous vacant lots with
limited development potential due to steep
slope, lack of access and fragmented
ownership (there are ten other owners)
•Four lots are owned by homeowners on
Kyle across the unimproved alley
•Attempt to sell to homeowner across alley
at 3408 Kyle
•If that doesn’t happen, then offer to any
owner of other lots in the strip
•And if that too doesn’t happen, then
continue to hold
Major Development Opportunities
Staff met with 17
developers (so far) to
promote the new Town
Center zoning districts
(West Broadway / Bass
Lake Road area)
Several developers have
expressed interest in
building new multi-family
residential in this area
due to market demand
Later in 2020, we expect
to receive one or two
development proposals
for EDA, Planning
Commission and City
Council consideration
___________________________________________________________________________
FROM: John Sutter, Community Development Director
___________________________________________________________________________
DATE: February 13, 2020
TO: Anne Norris, City Manager (for February 18 EDA meeting)
SUBJECT: Closed session to determine a price for the sale of 5565 Vera Cruz Ave. N.
As part of its 2020 Work Program, the EDA has directed staff to attempt to sell the vacant
property at 5565 Vera Cruz Avenue North. This 10,458 sq. ft. property is comprised of two
parcels in Registered Land Survey #733, Tract A (PID 04-118-21-34-0088) and Tract D (PID
04-118-21-34-0090). It is guided and zoned Commercial.
The property had been a neighborhood code enforcement problem going back to the early
1990s. This was the main reason the EDA acquired it from the State of Minnesota in 2011
after the property went through tax forfeiture. The EDA then demolished the dilapidated
commercial building and parking lot.
Staff estimates the cumulative EDA expenditures on this property are approximately $103,000
to date, comprised of the following:
63,000 Acquisition
12,000 Demolition
5,000 Mowing
23,000 2016 street reconstruction assessment
It would be unrealistic to expect anything close to full cost recovery, as this property was only
purchased to remove a blighted building and protect the neighborhood. As to what the
property is worth, there have been no comparable commercial property sales in Crystal in
recent years. Also, Tract D (the southwesterly portion of the property) is encumbered by a
driveway easement running in favor of the adjacent flower shop. Staff opinion is that a land
price of $4-6 per sq. ft. would be reasonable based on a handful of somewhat similar sites
along Brooklyn Boulevard in Brooklyn Center.
Staff recommends making an offer to sell the property to the adjacent business property owner
(Rose-Bo Floral and Gift). To that end, staff requests that the EDA move into closed session
as allowed by law to determine an acceptable sale price for the property, and then enter into
negotiations with the owner of the adjacent business property. If those negotiations are
successful, a public hearing and EDA action to consider approving the sale would be placed
on a subsequent EDA meeting agenda.
EDA STAFF REPORT
5565 Vera Cruz
Determine Sale Price (Closed Session)
2002 Aerial Photo
2018 Aerial Photo
Property Survey
___________________________________________________________________________
FROM: John Sutter, Community Development Director
___________________________________________________________________________
DATE: February 13, 2020
TO: Anne Norris, City Manager (for February 18 EDA meeting)
SUBJECT: Closed session to determine whether to make a purchase offer for 4749
Welcome Ave. N.
As part of its 2020 Work Program, the EDA has directed staff to explore the possibility of
purchasing a vacant, foreclosed house at 4749 Welcome Avenue North. This property is
directly north of a vacant lot at 4741 Welcome already owned by the EDA. Both properties are
guided and zoned Medium Density Residential which would allow up to 5 units at 4749, 7 units
at 4741, and 12 units if both parcels were combined.
The house at 4749 has been vacant for more than a year. The Sheriff’s sale occurred on July
1, 2019 and the bank took title upon redemption expiry on January 2, 2020. The bank has put
the property up for online auction. One auction has been completed but the bank refused to
accept the highest bid of $137,500 and has scheduled another auction for February 16-18. If
that auction also fails, the bank will possibly schedule a third auction. If the EDA would like
staff to make an offer at that time, staff would need to the EDA to determine how much to
offer, and suggests that be done in closed session as allowed by law.
Facts and observations about 4749 Welcome:
• The house is a 912 sq. ft. rambler with no basement.
• The property also has a 816 sq. ft. 3-car detached garage and driveway off the alley.
• The house has a living room, kitchen, laundry room, two bedrooms and one bathroom.
• Staff viewed the house and our opinion is that it will need significant investment, including
mostly cosmetic repairs but also a new furnace and possibly some structural rehabilitation.
However, in today’s market, the house is not an obvious candidate for demolition. This is
probably why the bank refused to accept the high bid of $137,500.
• The Hennepin County Assessor’s estimated market value is $166,000 as of January 2020.
If the EDA desires to make an offer on the property, the EDA could close the meeting to
discuss how much to offer. Any actual purchase of the property would require EDA action at a
subsequent meeting.
If the EDA does not desire to make an offer, then no action is required.
EDA STAFF REPORT
4749 Welcome
Determine Offer Price (Closed Session)
2018 Aerial Photo
House Front House Rear