2021.09.09 Council Meeting Packet
4141 Douglas Drive North • Crystal, Minnesota 55422-1696
Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov
Posted: September 3, 2021
City Council Meeting Schedule
Thursday, September 9, 2021
Time Meeting Location
6:15 p.m. Economic Development Authority (EDA) meeting Council Chambers/Zoom
6:50 p.m.
City Council work session to discuss:
1. Constituent issues update.
2. New business.
3. Announcements.
Council Chambers/Zoom
7:00 p.m. City Council meeting Council Chambers/Zoom
Immediately
following the City
Council meeting
Continuation of City Council work session, if necessary Council Chambers/Zoom
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.
The public may monitor and participate in the meeting by connecting to it through one of the methods
identified below.
Topic: Crystal EDA meeting, City Council Work Session, City Council Meeting, City Council Work Session, if
necessary
Time: September 9, 2021 06:15PM Central Time (US and Canada)
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AGENDA
ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF CRYSTAL
REGULAR MEETING
THURSDAY, SEPTEMBER 9, 2021
6:15 P.M.
CRYSTAL CITY HALL
COUNCIL CHAMBERS
1. Call to order *
2. Roll call *
3. Approval of minutes from August 17, 2021 Regular Meeting
4. Consider a resolution adopting a proposed 2022 EDA budget and HRA tax levy
5. Consider authorizing home improvement program changes effective January 1, 2022
6. Other business *
7. Adjournment *
*Items for which no materials are included in the packet
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Page 1 of 2
Minutes of the
Economic Development Authority of the City of Crystal
Regular Meeting
Council Chambers
August 17, 2021
1. Call to Order
President Parsons called the meeting of the Economic Development Authority of the City
of Crystal (EDA) to order at 10:04 p.m.
2. Roll Call
Upon call of the roll, the following members were present: Jim Adams, Brendan Banks,
John Budziszewski, David Cummings, Therese Kiser, Nancy LaRoche and Olga Parsons.
The following staff were present: Executive Director Anne Norris and Deputy Executive
Director John Sutter.
3. Approval of Minutes
Moved by Commissioner Banks and seconded by Commissioner Adams to approve the
minutes from the June 15, 2021 regular meeting. Motion carried.
4. Consider authorizing home improvement program changes effective January 1, 2022.
Staff presented proposed changes to the home improvement program to go into effect
January 1, 2022. The EDA continued discussion of the item until September 9 and asked
staff to develop additional options for the EDA’s consideration.
5. Other Business
Staff provided several updates.
6. Adjournment
Moved by Commissioner Budziszewski and seconded by Commissioner Kiser to adjourn
the meeting. Motion carried.
The meeting adjourned at 10:15 p.m.
Page 2 of 2
These minutes of the August 17, 2021 meeting of the Crystal Economic Development Authority
were approved by the Authority on ________________ ____, 20___.
______________________________
Olga Parsons, President
ATTEST:
____________________________
Therese Kiser, Secretary
Page 1 of 2
______________________________________________________________________
FROM: John Sutter, Community Development Director
______________________________________________________________________
TO: Anne Norris, Executive Director (for September 9 meeting)
DATE: September 1, 2021
SUBJECT: Consider a resolution adopting a proposed 2022 EDA budget and
HRA tax levy
As part of the annual budgeting process, the EDA formally requests a Housing and
Redevelopment Authority tax levy which would comprise most of its funding. The 2021
levy was $300,000. Staff is recommending a 2022 levy of $310,000 which is a 3.3%
increase. The HRA levy comprises most of the EDA’s revenue, with the remainder
being interest earned on the fund balance.
Budget Summary: 2019 2020 2021 2022
Actual Actual Adopted Proposed
Revenue 377,011 383,728 310,000 1 318,000 1
of which, levy is 281,707 283,935 300,000 310,000
Expenditures 433,579 2 385,079 371,798 384,850
Cash Balance
at End of Year 2,140,093 2,159,000 2,097,202 3 1,958,397 3
1 2021 adopted and 2022 proposed revenue does not
include any land sale proceeds, as that varies from year
to year depending on market conditions and the
characteristics of each parcel.
2 2019 expenditures do not include $1,150,000 transfer to
Park Improvement Fund for Becker Park or $295,000
in prior period adjustments.
3 Year end cash balances for 2021 and 2022 are estimates
from the Long Term Plan and may not track exactly with
revenue and expenditures.
EDA STAFF REPORT
Proposed 2022 HRA Levy
Page 2 of 2
Anticipated 2022 EDA activities:
One or more redevelopment projects in the Town Center redevelopment area
Continue and expand beautification efforts
Sale of property currently being held by the EDA
Home improvement grants for households not eligible for use of TIF funds
Adoption of the attached resolution is requested. Please note that, whatever levy
amount is set, it cannot be increased but may be reduced when the final 2022 budget
and tax levy are set in December.
ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF CRYSTAL
HENNEPIN COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 2021 - 07
ADOPTING A PROPOSED 2022 BUDGET AND PROPERTY TAX LEVY
AND REQUESTING THEIR APPROVAL BY THE CITY COUNCIL
WHEREAS, the Economic Development Authority of the City of Crystal (the “EDA”) undertakes
redevelopment and housing activities in the City of Crystal, Minnesota (the “City”); and
WHEREAS, pursuant to authority granted by Minnesota Statutes, Section 469.02 and the
enabling resolution of the EDA, the EDA exercises all of the powers of a housing and
redevelopment authority (“HRA”) as described in Minnesota Statues, Section 469.001 to
469.047 (the “Act”); and
WHEREAS, under Section 469.033 Subdivision 6 of the Act, an HRA is authorized to levy and
collect special benefit taxes on all taxable property under the jurisdiction of the HRA, that is,
property in the City; and
WHEREAS, the permitted levy is 0.0185 percent of the estimated market value of the property
in the City.
NOW, THEREFORE, BE IT RESOLVED by the Economic Development Authority of the City of
Crystal as follows:
1. The EDA hereby adopts a proposed 2022 budget for housing and redevelopment in the
amount of $384,850.
2. The EDA hereby adopts a proposed 2022 property tax levy of $310,000 for the purpose
of funding the adopted budget in conformance with Section 469.033, Subdivision 6 of
Minnesota Statutes.
3. The Executive Director is authorized and directed to transmit a certified copy of this
Resolution to the City Council of the City of Crystal for its consent and approval as
provided by Section 469.033 of the Act and for certification to the Property Tax Manager
of Hennepin County.
Adopted this 9th day of September, 2021.
_______________________________
Olga Parsons, President
_______________________________
Anne Norris, Executive Director
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__________________________________________________________________________
FROM: John Sutter, Community Development Director
DATE: September 2, 2021
TO: Anne Norris, Executive Director (for September 9 EDA meeting)
SUBJECT: Consider authorizing Home Improvement Program changes effective
January 1, 2022
BACKGROUND
The EDA pays for its two home improvement programs, the Home Improvement Grant and
Community Fix-Up Fund Interest Write-Down, with a combination of funds from Tax Increment
Financing (TIF) District #4 (#2155) and the EDA tax levy. For example, in 2020, program
expenditures were $237,186 (85%) from TIF and $42,208 (15%) from EDA.
TIF funds are used for projects located in the redevelopment project area when the
household income is ≤100% of area median income (AMI) for 1-2 person households and
≤110% of AMI for 3+ person households.
EDA funds are used for projects that are not eligible for TIF funds but are still eligible for the
programs because their household income is ≤110% AMI regardless of household size. For
example:
‐ A 1-2 person household with an income between 100-110% AMI would need funding
from the EDA funds even if they are located within the redevelopment project area.
‐ Any project located outside the redevelopment project area would need funding from
the EDA funds, subject to the overall maximum household income of 110% AMI.
EXPENDITURE TRENDS
Continuing a trend that began in 2020, demand for the EDA’s home improvement grant
program has increased throughout the first half of 2021. Total expenditures for January-June
2021 were $270,213 which is approaching the annual budget of $298,046. While there are
ample fund balances in both the TIF and EDA funds to cover program expenditures in excess
of budget in the near term, the rate of spending is unsustainable as it would exhaust the TIF
fund balance in early 2026.
EDA STAFF REPORT
Home Improvement Program Changes
STAFF RECOMMENDATIONS FOR PROGRAM SUSTAINABILITY
To reduce future program expenditures, staff requests that the EDA (1) reduce the maximum
grant and increase the minimum project size, and (2) modify the household income limits.
For each of these actions, staff has prepared a set of options for EDA consideration. Staff is
recommending one option within each set, but the EDA could choose any option in each set.
The changes would take effect on January 1, 2022 to provide time for staff to make community
members aware of the program changes so they can adjust their plans and timing for
application submittal.
MAXIMUM GRANT AND MINIMUM PROJECT SIZE OPTIONS
With any of these options, we would also need to increase the minimum project size, currently
$2,000 ($400 grant). This is because CEE charges admin at 15% of the grant, and therefore
“makes” money on large grants and “loses” money on small grants. Each of these options is
structured so the lost admin revenue from large grants is offset by reducing the number of
small grants.
Current Parameters: ● Grant is 20% of project cost
● $10,000 maximum grant regardless of project cost
● $2,000 minimum project cost ($400 grant)
● Annual figures extrapolated from first half of 2021:
$541,826 expenses
138 projects
Option A: Decrease maximum grant to $6,000; increase minimum project to $4,000
Effect of $6,000 maximum grant: Effect of $4,000 minimum project:
$73,578 (14%) expenditure reduction $5,368 (2%) expenditure reduction
Same number of projects funded 8 (6%) fewer projects funded
Total impact of Option 1: $78,946 (15%) annual expenditure reduction
8 (6%) fewer projects funded each year
Option B: Decrease maximum grant to $8,000; increase minimum project to $3,000
Effect of $8,000 maximum grant: Effect of $3,000 minimum project:
$32,200 (6%) expenditure reduction $2,442 (<1%) expenditure reduction
Same number of projects funded 4 (3%) fewer projects funded
Total impact of Option 2: $34,642 (6%) annual expenditure reduction
4 (3%) fewer projects funded each year
MAXIMUM HOUSEHOLD INCOME OPTIONS
HH Current Option 1 Option 2 Option 3
Size 110% AMI 100% AMI 90-100-110% 80-90-100%
1 $80,850 $73,500 $66,150 $55,950
2 $92,400 $84,000 $84,000 $75,600
3 $103,950 $94,500 $103,950 $94,500
4 $115,400 $104,900 $115,400 $104,900
5 $124,650 $113,300 $124,650 $113,300
6 $133,850 $121,700 $133,850 $121,700
7 $143,100 $130,100 $143,100 $130,100
8 $152,350 $138,500 $152,350 $138,500
Reduction in Expenditures: $35,188 (7%) $56,992 (11%) $96,532 (18%)
Reduction in Projects: 12 (9%) 18 (13%) 30 (22%)
Option 1 Option 2 Option 3
100% AMI 90-100-110% 80-90-100%
COMBINATIONS RECOMMENDED BY STAFF
Option A-2: This option gets most of its savings from changing the grant/project thresholds
Decrease maximum grant to $6,000; increase minimum project to $4,000
Decrease max. HH income to 90% AMI for 1 person households and 100% AMI for 2
person households; 3+ person households remain at 110% AMI
Estimated Impacts: $135,488 (25%) annual expenditure reduction
26 (19%) fewer projects each year
Option B-3: This option gets most of its savings from changing the income thresholds
Decrease maximum grant to $8,000; increase minimum project to $3,000
Decrease max. HH income to 80% AMI for 1 person households, 90% AMI for 2 person
households and 100% AMI for 3+ person households
Estimated Impacts: $131,174 (24%) annual expenditure reduction
34 (25%) fewer projects each year
OTHER RECOMMENDED CHANGES
Increase the Current Contract Budget
The current contract budget needs to be increased to $462,000 to get through the transition
period between now and when the program changes begin to reduce expenditures. Sufficient
funds are available in the TIF and EDA funds. The alternative would be to freeze the program
from approximately late 2021 until July 1, 2022 when the next contract goes into effect. This is
not ideal for homeowners looking to make home improvements which often take a long time to
plan and execute.
Eliminate the Fix-Up Fund interest subsidy
This program has been used far less than the grant program, and the state Fix-Up Fund’s
interest rate is low enough that the city funds are not needed for the foreseeable future. The
current situation presents an opportunity to eliminate this program and focus on the grant
program as our single, and very popular, program offering.
ATTACHMENTS
These changes are shown in the attached redlines of Exhibits A and B to the current contract
with Center for Energy and Environment. In Exhibit A you will see the two options for changing
the grant/project thresholds and three options for changing the household income thresholds.
Also attached are three figures illustrating projected program finances as follows:
A. Forecast as of March 2021 based on expenditures through 2020 (the EDA saw these when
it amended the TIF plan in March)
B. Forecast based on expenditures in the first half of 2021 without program changes
C. Forecast based on staff-recommended changes
Please note that the staff-recommended changes will keep the program expenditures roughly
in line with tax increment received until the TIF district expires at the end of 2025. We will still
need to have a conversation about whether to continue the program using the EDA/HRA levy
after the TIF fund balance is exhausted in early 2027. This should occur no later than 2024
when the 2025-2026 biennial budget is discussed, prepared and adopted.
REQUESTED EDA ACTION
Approval of a motion to authorize an amendment to the current home improvement
program contract with Center for Energy and Environment as follows:
Maximum Grant and Minimum Project Size Option __A (or) __B
Maximum Household Income Option __1 (or) __2 (or) __3
Increase the current contract budget from $308,079 to $462,000
Eliminate the Fix-Up Fund Interest Subsidy
Staff recommends a
combination of A-2 or B-3
Figure A Forecast as of March 2021 based on actual expenditures through 2020
Figure B Forecast as of August 2021 based on actual expenditures in the first half of 2021 with no program changes
Figure C Forecast as of August 2021 based on staff-recommended changes to take effect in 2022
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Exhibit A - # Page 1
EXHIBIT A
Crystal Program Guidelines
This document includes guidelines for the
City of CrystalHome Improvement Grant Program of the
and the MHFA Interest Subsidy Program
Economic Development Authority of the City of Crystal
Exhibit A - # Page 2
CRYSTAL PROGRAM GUIDELINES
The Crystal Economic Development Authority (Authority) is making funds available for homeowners to
assist with home maintenance and energy improvements. The Crystal Grant and Interest Subsidy
Programs are designed to supplement existing loan programs available from MHFA, CEE, private lenders
and other housing resources. These programs are not intended to be the sole source of improvement
funds available to the homeowners in the City. Center for Energy and Environment shall serve as the
administrator for the Crystal Grant and Interest Subsidy Programs and will secure the most beneficial
financing based on the borrower’s needs independent of the funding source.
Eligible Project Expenses:
Interior remodeling
Building additions
Finishing basements, attics or similar spaces to convert them into habitable space
Energy efficiency improvements
Exterior building improvements such as roofing, siding, soffits/fascia, windows and doors
Site improvements such as retaining walls, sidewalks, driveways, fences, patios, decks, garages and
the removal of diseased or hazardous trees
Systems such as HVAC, electrical and plumbing
Permanent Landscaping
Ineligible Project Expenses:
Payment for work initiated prior to the grant being approved and closed, unless due to emergency.
Recreation or luxury projects (pools, lawn sprinkler systems, playground equipment, saunas,
whirlpools, etc.)
Furniture, non‐permanent appliances (unless part of a kitchen remodel), funds for working capital,
debt service or refinancing existing debts.
Homeowner labor or other in‐kind contributions to the project.
Minimum Project Size:
For applications submitted and fully complete no later than December 31, 2021: Eligible Project Expenses
must total at least $2,000 to qualify for a grant.
For applications submitted and fully complete after December 31, 2021: Eligible Project Expenses must
total at least $4000 (or) $3,000 to qualify for a grant.
Grant Amount:
20% of Eligible Project Expenses, except as noted below:
Exception: For projects replacing or lining a sanitary sewer service and/or disconnecting stormwater
drainage (sump connections, foundation drains, etc.) from the sanitary sewer, the grant amount is
40% of those particular, itemized project costs. This is intended to augment the city's efforts to
reduce inflow & infiltration into the sanitary sewer system. In many cases this work will be triggered
by, and completed in conjunction with, the city's utility reconstruction projects (typically 1‐4 blocks
per year). However, any income‐qualified, owner‐occupied residential property in the city is eligible.
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Crystal Grant Program
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Exhibit A - # Page 3
For applications submitted and fully complete no later than December 31, 2021: No property may receive
grants totaling more than $10,000 in any calendar year.
For applications submitted and fully complete after December 31, 2021: No property may receive grants
totaling more than $6,000 (or) $8,000 in any calendar year.
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Exhibit A - # Page 4
Eligible Properties: 1‐4 unit owner‐occupied properties located within the geographical boundaries of
the City of Crystal. Properties held in a Trust, Townhomes and Condominiums are eligible, subject to
Association Bylaws. Properties may be held in a Contract for Deed. If the property has more than 1
unit, the non‐owner‐occupied units must be in compliance with the City of Crystal’s rental licensing
requirements.
Ineligible Properties: Dwellings with more than 4 units, cooperatives, manufactured homes, time
shares, properties used for commercial purposes and non‐owner occupied properties.
Eligible Recipients: All recipients must be legal residents of the United States, as evidenced by a social
security number, Including: U.S. Citizens, Permanent Resident Aliens, and Non‐Permanent Resident
Aliens. TAX IDENTIFICATION NUMBERS (ITIN) ARE NOT ACCEPTABLE.
Ineligible Recipients: Including but not limited to: ‐ Businesses, Foreign Nationals, Non‐Occupant Co‐
Borrowers, and Properties held in the name of a trust.
Income Limit:
For applications submitted and fully complete no later than December 31, 2021: The property owner’s
household income shall not exceed 110% of the HUD Regional Median Income based on household size.
Income will be determined by the adjusted gross income on the most recent Federal Tax Return. If a tax
return is not required, income will be determined by the projected gross income for the upcoming 12
months.
For applications submitted and fully complete after December 31, 2021: Household income shall not
exceed the following maximum household income thresholds using HUD Regional Median Income
based on household size:
100% of regional median income
(or)
90% of regional median income for 1‐person households
100% of regional median income for 2‐person households
110% of regional median income for households of 3 or more persons
(or)
80% of regional median income for 1‐person households
90% of regional median income for 2‐person households
100% of regional median income for households of 3 or more persons
Income will be determined by the adjusted gross income on the most recent Federal Tax Return. If a
tax return is not required, income will be determined by the projected gross income for the upcoming
12 months.
Credit Requirements: 1) All mortgage payments must be current, 2) All real estate taxes must be
current, and 3) No defaulted government loans, tax liens or child support.
Bids: Two estimates are required. Only 1 materials list is required for sweat equity projects. All
contractors must be properly licensed
Sweat Equity / Homeowner Labor: Work may be performed by property owners on a “sweat equity”
basis, but only the purchase of materials and rental of tools or equipment will be considered an Eligible
Project Expense.
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Exhibit A - # Page 5
Recipient Paid Fees: None
Deadline for Work Completion: All work must be completed within 120 days of the grant closing.
Extensions may be granted by CEE due to weather or similar factor.s.
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Exhibit A - # Page 6
Interest Rate: 3% fixed
Amortization Type: Amortizing. Closed‐end (Monthly Payments Required)
Loan Amount: Minimum of $2,000 and Maximum of $50,000.
Total Project Cost: The borrower must have sufficient funds necessary to cover the cost of the entire
project (as outlined in the bid(s). Additional funds may come from personal savings, gifts, or other
loan funds.
Loan term: Generally, one year per $1,000 borrowed. This will be somewhat flexible depending on
the size of the loan and the borrower’s ability to repay the loan. The minimum term is 1 year; the
maximum term will be 15 years.
Eligible Properties: 1‐4 unit owner‐occupied properties located within the geographical boundaries
of the City of Crystal. Townhomes and Condominiums are eligible, subject to Association Bylaws.
Properties may be held in a Contract for Deed.
Ineligible Properties: Dwellings with more than 4 units, cooperatives, manufactured homes, time
shares, properties held in the name of a trust and properties used for commercial purposes.
Eligible Borrowers: All borrowers must be legal residents of the United States, as evidenced by a
social security number, Including: U.S. Citizens, Permanent Resident Aliens, and Non‐Permanent
Resident Aliens. TAX IDENTIFICATION NUMBERS (ITIN) ARE NOT ACCEPTABLE.
Ineligible Borrowers: Including but not limited to: ‐ Businesses, Foreign Nationals, Non‐Occupant Co‐
Borrowers, and Properties held in the name of a trust.
Ownership/Occupancy: Owner‐ occupied only.
Loan ‐ to ‐ Value Ratio: The ratio of all loans secured by the property, including the new loan,
should not exceed 110% of the property value. Half of the improvement value may be added to the
initial property value.
Income Limit: The property owner’s household income shall not exceed 110% of the HUD Regional
Median Income based on household size or the MHFA income limit, whichever is less. Income for
eligibility will be determined by the projected income for the next 12 months per MHFA guidelines.
Debt ‐ to ‐ Income Ratio: Applicant must have the ability to repay the loan. An applicant who has a
debt to income ratio in excess of 48% will be ineligible to receive financing.
Crystal Interest Subsidy Program
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Exhibit A - # Page 7
Credit Requirements: All borrowers must have a minimum credit score of 620 and: 1) All mortgage
payments must be current and reflect no 30 day late payments history in the past 12 month period
(without reasonable explanation). 2) All real estate taxes must be current. 3) No outstanding
judgements or collections (excluding medical). 4) Bankruptcy must have been discharged for at least
18 months prior to loan closing. 5) The redemption period on prior foreclosures must have occurred
at least 18 months prior to the loan application date. 6) Generally, no more than two 60‐day late
payments on credit report. Any 60 day late requires a documented explanation and reasonable
reasons; medical, unemployment, divorce. 7) No defaulted government loans.
Multiple Loans per Property: More than one loan per property is allowed, however, the outstanding
balance(s) cannot exceed $50,000.
Eligible Use of Funds: Same as the current MHFA guidelines
Ineligible Use of Funds: Payment for work initiated prior to the loan being approved and closed,
unless due to emergency. Recreation or luxury projects (pools, lawn sprinkler systems, playground
equipment, saunas, whirlpools, etc.), furniture, non‐permanent appliances, and funds for working
capital, debt service, homeowner labor or refinancing existing debts are NOT allowed.
Bids: Only one bid/estimate is required. All contractors must be properly licensed
Sweat Equity / Homeowner Labor: Work may be performed by property owners on a “sweat equity”
basis. Loan funds may be used only for the purchase of materials. Loan funds cannot be used to rent
tools/ equipment or compensate for labor.
Loan Security: Determined by MHFA requirements.
Borrower Fees: Borrower will be responsible for a 1% origination Fee (which may be financed),
mortgage filing and service fees, flood certificate, credit report and any other applicable closing fees.
Underwriting Decision: Applicants must have acceptable credit history. CEE will approve or deny
loans based on a credit report, income verification and other criteria as deemed necessary through
CEE’s underwriting guidelines. CEE’s decision shall be final.
Work Completion: All work must be completed within 9 months of the loan closing.
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Exhibit A - # Page 8
General Program Conditions
Application Processing: Grants/Loans will be distributed on a first come first serve basis as
recipients/borrowers qualify. Applicants must provide a completed application package including the
following in order to be considered for funding.
Completed and signed application form
Proof of income
Proof of Identity (drivers license, passport, etc.)
Bids or estimates for proposed projects
Other miscellaneous documents that may be required.
Program Costs: Grant/loan origination fees, grants, interest subsidies and post‐installation inspection
fees will be paid out of the Program Budget. Program marketing efforts will be billed directly to the City
of Crystal and is a separate expense should the city choose to commission CEE for marketing support.
Total Project Cost: It is the recipient/borrower’s responsibility to obtain the amount of funds necessary
to finance the entire cost of the work. In the event the final cost exceeds the original amount, the
borrower must obtain the additional funds and provide verification of the additional funds in order to
proceed.
Disbursement Process:
Grant: Payment to the contractor (or owner in sweat equity situations) will be made upon completion
of work. An inspection will be performed by a City Inspector and/or CEE to verify the completion of the
work. The following items must be received prior to final disbursement of funds:
Final invoice or proposal from contractor (or materials list from supplier);
Final inspection verification by a City Inspector (or CEE);
Completion certificate(s) signed by borrower and contractor;
Lien waiver for entire cost of work;
Evidence of city permit (if required)
Interest Subsidy Program: Payment is disbursed to borrower(s) after loan closing
EXHIBIT B
Crystal Program Budget
July 1, 2021 ‐ June 30, 2022
A. Crystal Grant Budget Allocation (includes Grants plus Annual Administration Fee, Post‐
Installation Inspection Fees and Grant Origination Fees): $275,198$462,000
B. MHFA Interest Subsidy Program Budget Allocation: $32,881
TOTAL PROGRAM BUDGET: $308,079$462,000
Budget Notes:
1. CEE shall submit monthly invoices for grants, origination fees, interest subsidy and post‐
installation inspections for that period.
2. Services performed by CEE will initially be funded from the Total Program Budget as
stated above and paid in accordance with the following schedule.
(1) Annual Administration Fee $2,500 (due July 1st of each year the contract is
active)
(2) Origination Fee: Grant 15% per grant closed
(3) MHFA Interest Subsidy varies
(4)(3) Post‐Installation Inspection Fee $100
3. Marketing
Marketing efforts outside of CEE’s website and loan information are not included in the
administrative budget. Hourly rates are inclusive of all overhead expenses and will be
charged only for hours directly related to the labor of all additional program marketing.
CEE will also be reimbursed by City of Crystal for any non‐labor, out‐of‐pocket expenses
relating to these services on a dollar‐for‐dollar basis.
Exhibit B ‐ #
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4141 Douglas Drive North • Crystal, Minnesota 55422-1696
Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov
Posted: September 3, 2021
City Council Work Session Agenda
Thursday, September 9, 2021 at 6:50 p.m.
Council Chambers/Zoom
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 on Thursday, September 9, 2021 at _____ p.m.
in the Council Chambers at City Hall, 4141 Douglas Dr. N., Crystal, Minnesota. If the agenda items
are not completed in time for the regular City Council meeting at 7 p.m., the meeting will be
continued and resumed immediately following the regular City Council meeting. The public may
also monitor and participate in the meeting by connecting via Zoom, through one of the methods
identified on the City Council Meeting Schedule for Thursday, September 9, 2021.
I. Attendance
Council members Staff
____ Adams ____ Norris
____ Banks ____ Therres
____ Budziszewski ____ Gilchrist
____ Cummings ____ Elholm
____ Kiser ____ Larson
____ LaRoche ____ Ray
____ Parsons ____ Revering
____ Sutter
____ Serres
II. Agenda
The purpose of the work session is to discuss the following agenda items:
1. Constituent issues update.
2. New business. *
3. 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
Page 1 of 3
4141 Douglas Drive North • Crystal, Minnesota 55422-1696
Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov
Posted: September 3, 2021
City Council Meeting Agenda
Thursday, September 9, 2021
7 p.m.
Council Chambers/Zoom Meeting
The city manager’s comments are bolded.
1. Call to Order, Roll Call and Pledge of Allegiance (West Metro Fire-Rescue District will present
the colors and the pledge will be led by resident Corina Ostertag.)
2. Approval of Agenda
The Council will consider approval of the agenda.
3. Proclamations
3.1 Mayor Adams will proclaim 9/11 Day of Remembrance.
3.2 Mayor Adams will proclaim September 17 as Constitution Day.
4. Presentation
4.1 Police Chief Stephanie Revering will present awards to Crystal police officers.*
5. Consent Agenda
The Council will consider the following items, which are routine and non-controversial in
nature, in a single motion:
5.1 Approval of the minutes from the following meetings:
a. The City Council work session on August 17, 2021.
b. The City Council meeting on August 17, 2021.
c. The City Council work session on August 26, 2021.
5.2 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.
5.3 Approval of a resolution accepting a donation of $200 from Westphal American Legion
Post #251 for the Crystal Airport Open House.
5.4 Acceptance of the resignation of Mark Hansen from the Environmental Quality
Commission.
5.5 Approval of a resolution declaring the amount to be assessed, ordering the preparation of
the assessment rolls and setting a date for the public hearing for the 2021 Utility
Reconstruction Private Sanitary Sewer Service Repairs.
Page 2 of 3
6. 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).
7. Regular Agenda
7.1 The Council will consider approval of disbursements over $25,000 submitted by the finance
department to the City Council, a list that is on file in the office of the finance department.
Recommend approval of disbursements over $25,000.
7.2 The Council will consider resolutions approving the preliminary 2022 budgets and tax
levies.
Finance Director Jean McGann will provide a brief presentation on the preliminary 2022
budgets and tax levies. As discussed at work sessions, the proposed 2022 budgets and
tax levies include continuing current service levels, continuing the 1% levy for
implementation of the Parks Master Plan and starting in 2022, implementing a 1% levy
for future street reconstruction needs. Recommend approval of the 2022 preliminary
budgets and tax levies.
7.3 The Council will consider a resolution regarding the plat of Crystal Flats to subdivide 6613
36th Ave. N. into two lots.
At its August 17 meeting, the Council heard many comments from neighbors of the
proposed two-lot subdivision and asked for additional clarification on Code language
regarding lot and subdivision requirements. The Council asked staff to develop two
resolutions with findings for consideration – one for approval of the subdivision and one
for denial of the subdivision. Staff continues to be of the opinion the proposed
subdivision meets the requirements of the City Code.
7.4 The Council will consider vacating the easement at 6613 36th Ave. N.
If the City Council approves the Crystal Flats subdivision in item 7.3, recommend approval
of the vacation of the easement at 6613 36th Ave. N. The public hearing on the proposed
vacation was held at the August 17 City Council meeting. If the subdivision is not
approved, no action is needed.
7.5 The Council will consider approving an amendment to the Purchase and Development
Agreement for 5244 Scott Ave. N. to remove the basement from the house plan and
extend the completion deadline to June 12, 2022.
Due to water issues, the property at 5244 Scott Ave. N. isn’t suitable for a house with a
basement. The builder/developer has made modifications to the building plan for this
Page 3 of 3
lot and is requesting approval of the changes and an extension to the deadline.
Recommend approval of the proposed changes and completion extension.
7.6 The Council will consider a resolution establishing penalties and process for violation of
water restrictions during the drought.
At the August 17 work session, the City Council discussed enforcement of water
restrictions due to the drought. Recommend approval of the resolution establishing
penalties and process for violation of water restrictions, consistent with Level One
administrative penalties.
8. Announcements
a. The next City Council meeting is Tuesday, September 21 at 7 p.m. in the Council Chambers
at City Hall and via Zoom.
b. The City Council will hold a work session on Thursday, September 23 at 6:30 p.m. in the
Council Chambers at City Hall and via Zoom.
c. City Council meetings and work sessions are open to the public. Current and previous
meetings are available for viewing and listening at www.crystalmn.gov.
9. Adjournment
Have a great weekend; see you at Thursday’s meeting.
4141 Douglas Drive North • Crystal, Minnesota 55422-1696
Tel: (763) 531-1000 • Fax: (763) 531-1188 •
www.crystalmn.gov
PROCLAMATION
9/11 DAY OF REMEMBRANCE
WHEREAS, on September 11, 2001, America suffered the worst terrorist attack
on US soil in the nation’s history; and
WHEREAS, first responders and volunteers responded to this attack with
courage and heroism; and
WHEREAS, in response to this tragedy, Americans across the country came
together in a spirit of patriotism and unity; and
WHEREAS, community organizations and family members of 9/11 victims began
observing the anniversary of September 11th as a way to honor the memory of those
who were lost and those who responded to the tragedy, including first responders and
volunteers; and
WHEREAS, September 11, 2021, is the 20th anniversary of the 9/11 terrorist
attack.
NOW, THEREFORE, I, Jim Adams, Mayor of the City of Crystal, do hereby
proclaim September 11, 2021, as the 9/11 Day of Remembrance in the City of Crystal.
And I encourage residents to remember this tragedy by honoring the lives of those lost
that day with a moment of silence and by honoring all public safety officials on
September 11, 2021.
Dated this 9th day of September, 2021.
________________________________
Jim Adams, Mayor
3.1
4141 Douglas Drive North • Crystal, Minnesota 55422-1696
Tel: (763) 531-1000 • Fax: (763) 531-1188 •
www.crystalmn.gov
PROCLAMATION
CONSTITUTION DAY and CITIZENSHIP DAY – SEPTEMBER 17 2021
WHEREAS, Constitution Day and Citizenship Day commemorates the formation
and signing of the U.S. Constitution by thirty-nine brave men on September 17, 1787,
recognizing all who are born in the U.S. or by naturalization, have become citizens ; and
WHEREAS, the United States Congress, by joint resolution of February 29,
1952 (36 U.S.C. 106), designated September 17 as “Constitution Day and Citizenship
Day,” and by joint resolution of August 2, 1956 (36 U.S.C. 108) which in part states:
State and Local Observances. -The civil and educational authorities of States, counties,
cities, and towns are urged to make plans for the proper observance of Constitution Day
and Citizenship Day and for the complete instruction of citizens in their responsibilities
and opportunities as citizens of the United States and of the State and locality in which
they reside; and
WHERAES, the United States Constitution is the oldest constitution in world
history. While the average constitution for other countries lasts an average of 17 years,
America’s constitution is celebrating its 234th anniversary; and
WHEREAS, the Constitution was written in context with the Declaration of
Independence as the Constitution is a governmental framework created in direct
response to the grievances of the declaration and addresses those concerns to make
sure our country is rooted in equality under the law and an unyielding commitment to
individual liberty; and
WHEREAS, the Constitutional Convention met in Philadelphia in Independence
Hall to address and solve the weaknesses that had become apparent under the Articles
of Confederation, the document under which the country had been governed during the
American Revolution. During the Convention it became clear that repairing the Articles
of Confederacy was not possible, and the focus changed to creating an entirely new
document; and
WHEREAS, the American Constitution which includes the Bill of rights and other
amendments, is the supreme law of the United States. It provides the framework of our
government. It is the legal means by which “We the People” ensure that government
serves its vital purpose, without violating The People’s individual rights; and
WHEREAS, the Constitution is made up of seven articles which created the
three branches of government, the Legislative, Executive and Judicial; not designed to
be coequal but rather, as clearly outlined in the Constitution, the stronger branches are
prioritized in order of power. Article I creates the legislative branch which is the most
important branch because the legislators are the closest to the people, with the most
powerful responsibilities, and is also the longest article. Next powerful is the Executive
and then the Judicial; and
3.2
WHEREAS, the Constitution further outlines the limited power of the Federal
Government with specific enumerated powers given to the Federal government and
leaves all other matters to State Governments, ensuring that a government of the
people, by the people, and for the people would remain accountable to its citizens, from
whom all legitimate political power is derived.
NOW, THEREFORE, I, Jim Adams, Mayor of the City of Crystal, do hereby proclaim
September 17, 2021, as CONSTITUTION DAY in the City of Crystal. I encourage
residents and educators to study and teach the importance of active citizenship and the
strength of our Constitution.
Dated this 9th day of September, 2021.
________________________________
Jim Adams, Mayor
3.2
Crystal City Council work session minutes August 17, 2021
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 6:19 p.m. on August 17, 2021 in the Council
Chambers at City Hall, 4141 Douglas Dr. N., Crystal, Minnesota and via Zoom. Mayor Adams called the
meeting to order.
I.Attendance
The city clerk recorded the attendance for city council members and staff:
Council members present: Parsons, Adams, Banks, Budziszewski, Cummings, Kiser, and LaRoche.
City staff present: City Manager A. Norris, Assistant City Manager/HR Manager K. Therres, Police
Chief S. Revering, Public Works Director M. Ray, City Planner Dan Olson, and City Clerk C. Serres.
II.Agenda
The Council and staff discussed the following agenda items:
1.Drought response.
2.Joint Airport Zoning Ordinance process.
3.City manager monthly check-in.
4.Constituent issues update.
5.New business.
6.Announcements.
III.Adjournment
The work session adjourned at 6:48 p.m.
________________________________
Jim Adams, Mayor
ATTEST:
Chrissy Serres, City Clerk
5.1(a)
Crystal City Council meeting minutes August 17, 2021
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
August 17, 2021 at 7:00 p.m. in the Council Chambers at City Hall, 4141 Douglas Dr. N. in Crystal,
Minnesota and via Zoom. 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: Parsons, Adams, Banks, Budziszewski, Cummings, Kiser, and LaRoche.
City staff present: City Manager A. Norris, Assistant City Manager/HR Manager K. Therres, Police
Chief S. Revering, City Attorney M. Tietjen, City Planner Dan Olson, West Metro Fire-Rescue District
Chief S. Larson, and City Clerk C. Serres.
Community Development Director J. Sutter was present via Zoom.
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 Parsons to approve the
agenda.
Motion carried.
3.Appearances
3.1 Sheriff Hutchinson provided an update on department activities and initiatives.
3.2 Chief Revering introduced Officer Lauren Roll to the City Council.
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 work sessions on July 20, 2021.
b. The City Council meeting on July 20, 2021.
c. The City Council work session on August 5, 2021.
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 Resolution No. 2021-68, accepting the following donations:
a.$20 from Elizabeth Backdahl for the Barway Collins memorial statue.
b. $25 from Lois Belmore for the Barway Collins memorial statue.
c.$10 from Janice and Mark Carroll for the Barway Collins memorial statue.
d.$2,000 from Crystal Crime Prevention Board for community police events.
e.$1,000 from Crystal Lions Club for the Crystal Airport Open House.
5.1(b)
Crystal City Council meeting minutes August 17, 2021
Page 2 of 4
f. $57.53 from donation boxes for Crystal Police Explorers.
g. $50 from Linda Enberg for the Barway Collins memorial statue.
h. $250 from VFW Post 7051 for the Crystal Airport Open House.
i. $25 from Denise Invie for the Barway Collins memorial statue.
j. $1,000 from Sherry and Gina Lehn for the Barway Collins memorial statue.
k. $25 from Kirk and Marcy McDonald for the Barway Collins memorial statue.
l. $20 from Mark Mackmiller for the Barway Collins memorial statue.
m. $20 from RecTrac donors for Crystal parks.
n. $57 from RecTrac donors for the scholarship program.
o. $50 from Joseph and Shirley Purvis for the Barway Collins memorial statue.
p. $500 from the Darrell Quam Family for the Barway Collins memorial statue.
q. $20 from Margaret Romero for the Barway Collins memorial statue.
r. $500 from Howard Root for the Barway Collins memorial statue.
s. $100 from Brenda Russ for the Barway Collins memorial statue.
t. $250 from Helen Shafer for a tree planting at Bassett Creek Park.
u. $200 from Sisters of the Good Shepard for the Barway Collins memorial statue.
v. $25 from Maureen Stoen for the Barway Collins memorial statue.
w. $20 from Koo Weah for the Crystal K-9 Unit.
x. $4,000 from West Metro Fire-Rescue District Relief Association for the Barway Collins
memorial statue.
4.4 Approval of the appointment of Rachel Braaten to the Environmental Quality Commission.
4.5 Approval of Resolution No. 2021-69, ordering the preparation of an assessment roll, declaring
the amount to be assessed, and setting the date for a public hearing for year 2021 delinquent
accounts.
4.6 Approval of Resolution No. 2021-70, accepting American Rescue Plan Act (ARPA) funds.
Moved by Council Member LaRoche and seconded by Council Member Banks to approve the
consent agenda.
Voting aye: Parsons, Adams, Budziszewski, Cummings, and LaRoche.
Abstentions: Banks and Kiser.
Motion carried.
5. Open Forum
The following person addressed the Council:
• Samuel Gee, regarding the Barway Collins memorial statue.
6. Public Hearing
6.1 Mayor Adams announced the purpose of the public hearing:
To receive comment regarding a resolution to vacate the easement at 6613 36th Ave. N.
The following persons addressed the Council:
• Terry Baresh, 3541 Hampshire Ave N.
• Dave Bissen, 6603 36th Ave N.
5.1(b)
Crystal City Council meeting minutes August 17, 2021
Page 3 of 4
Council action on the resolution to vacate the easement at 6613 36th Ave. N. occurred after
discussion of Regular Agenda item 7.3.
7. Regular Agenda
7.1 The Council considered approval of disbursements over $25,000 submitted by the finance
department to the city council, a list that is on file in the office of the finance department.
Moved by Council Member Budziszewski and seconded by Council Member Kiser to approve
the list of disbursements over $25,000.
Voting aye: Parsons, Adams, Banks, Budziszewski, Cummings, Kiser, and LaRoche.
Motion carried.
7.2 The Council considered a new multiple animal license at 8400 Northern Dr., submitted by Justin
Tucker and Daniel Galloway.
City Clerk Chrissy Serres addressed the Council.
Moved by Council Member Budziszewski and seconded by Council Member Cummings to
approve a new multiple animal license at 8400 Northern Dr.
Voting aye: Parsons, Adams, Banks, Budziszewski, Cummings, Kiser, and LaRoche.
Motion carried.
7.3 The Council considered a resolution approving a subdivision plat to divide 6613 36th Ave. N.
into two lots.
City Planner Dan Olson addressed the Council. Applicant Mohmad Abumayyaleh also addressed
the Council.
The following persons addressed the Council:
• Gary Blazek, 3516 Georgia Ave N.
• Terry Baresh, 3541 Hampshire Ave N.
• Dave Bissen, 6603 36th Ave N.
• Kathy Bissen, 6603 36th Ave N.
• Al Franz, 3550 Hampshire Ave N.
• Michelle Strand, 3430 Douglas Dr. N.
• Laurenda Franks, 3540 Hampshire Ave N.
• Mike Dupuis, 3529 Georgia Ave N.
Moved by Council Member Budziszewski and seconded by Council Member LaRoche to adopt
the following resolution:
RESOLUTION VACATING AN EASEMENT WITHIN THE PLAT OF GARDENDALE ACRES
By roll call and voting aye: Adams, Budziszewski and Parsons.
Voting nay: Banks, Cummings, Kiser, and LaRoche.
Motion failed.
5.1(b)
Crystal City Council meeting minutes August 17, 2021
Page 4 of 4
The Council continued Regular Agenda item 7.3 regarding a resolution approving a subdivision
plat to divide 6613 36th Ave. N. into two lots to the next regular City Council meeting, and
asked staff to gather additional information regarding concerns that were addressed as well as
draft a resolution with findings.
7.4 The Council considered a resolution approving a lot consolidation plat for 5232-5240 Hanson
Ct. N.
City Planner Dan Olson addressed the Council.
Moved by Council Member Banks and seconded by Council Member LaRoche to adopt the
following resolution:
RESOLUTION NO. 2021 – 71
RESOLUTION APPROVING E ERICKSON LOT CONSOLIDATION FINAL PLAT
By roll call and voting aye: Banks, Budziszewski, Cummings, Kiser, LaRoche, Parsons, and
Adams.
Motion carried, resolution declared adopted.
7.5 The Council considered approval of the West Metro Fire-Rescue District 2022 budget.
City Manager Anne Norris addressed the Council.
Moved by Council Member Budziszewski and seconded by Council Member Banks to approve
the West Metro Fire-Rescue District 2022 budget.
Voting aye: Parsons, Adams, Banks, Budziszewski, Cummings, Kiser, and LaRoche.
Motion carried.
8. Announcements
The Council made announcements about upcoming events.
9. Adjournment
Moved by Council Member Budziszewski and seconded by Council Member LaRoche to adjourn the
meeting.
Motion carried.
The meeting adjourned at 10:00 p.m.
_____________________________________
Jim Adams, Mayor
ATTEST:
__________________________________
Chrissy Serres, City Clerk
5.1(b)
Crystal City Council work session minutes August 26, 2021
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 August 26, 2021 in the Council
Chambers at City Hall, 4141 Douglas Dr. N., Crystal, Minnesota and via Zoom. Mayor Adams called the
meeting to order.
I.Attendance
The city manager recorded the attendance for city council members and staff:
Council members present: Adams, Budziszewski, Cummings, Kiser, and LaRoche.
Council members Parsons and Banks were absent.
City staff present: City Manager A. Norris and City Attorney T. Gilchrist.
II.Agenda
The Council and staff discussed the following agenda item:
1.Review Charter Commission proposed changes to City Charter.
III.Adjournment
The work session adjourned at 7:18 p.m.
________________________________
Jim Adams, Mayor
ATTEST:
Anne Norris, City Manager
5.1(c)
Page 1 of 1
City of Crystal Council Meeting
September 9, 2021
Applications for City License
Rental – New
5136 Edgewood Ave. N. – Stephanie Holmes (Conditional)
5401 Florida Ave. N. – Jin Chen (Conditional)
4075 Jersey Ave. N. – Pro Operam Sub XIV LLC (Conditional)
3100 Louisiana Ave. N. – Kyle Sedam (Conditional)
5762 West Broadway – HPA US1 LLC (Conditional)
6406 44th Ave. N. – Confidential Software LLC (Conditional)
5540 Regent Ave. N. – Arlynn Parker (Conditional)
Rental – Renewal
3312 Adair Ave. N. – Scot Sorenson (Conditional)
5417 Angeline Ave. N. – Xuyan Lang (Conditional)
3518 Brunswick Ave. N. – Fletcher Schwartz (Conditional)
3648 Colorado Ave. N. – D N Real Estate LLC
5115 Douglas Dr. N. – Joy Joyce LLC
5304 Fairview Ave. N. – MNSF (Conditional)
3016 Florida Ave. N. – Dan Dahlin (Conditional)
3213 Florida Ave. N. – SVK Development LLC (Conditional)
3909 Georgia Ave. N. – Empower Funding LLC
3816 Hampshire Ave. N. – Michael Mills (Conditional)
3156 Idaho Ave. N. – John Furlong
5254 Jersey Ave. N. – Bradley Buechele (Conditional)
6920 Lombardy La. – Tamara Miller (Conditional)
3501 Louisiana Ave. N. – Cambridge Apartments (Conditional)
3537 Major Ave. N. – Armand and Viola Safarian
5644 Maryland Ave. N. – IH2 Property Illinois LP (Conditional)
3210 Nevada Ave. N. – Nevada 32 Trust
5825 Perry Ave. N. – Danny Vo and Christina Duong (Conditional)
4808 Regent Ave. N. – Cosco Property IV LLC (Conditional)
5536 Regent Ave. N. – Cosco Property IV LLC (Conditional)
3018 Virginia Ave. N. – Kevin and Pamela Olson (Conditional)
3625 Welcome Ave. N. – Maury Beaulier
5732 West Broadway – Peter Hoeben (Conditional)
5509 Yates Ave. N. – Warren Jeung (Conditional)
6907 46th Pl. N. – Danmark Properties LLC (Conditional)
6325 52nd Ave. N. – JNF Properties 3 LLC (Conditional)
6611 52nd Ave. N. – JNF Properties 4 LLC (Conditional)
6635 52nd Ave. N. – JNF Properties 5 LLC (Conditional)
6910-6940 54th Ave. N. – Kentucky Lane LP (Conditional)
7226 58th Ave. N. – Bella Homes LLC (Conditional)
Tobacco
SuperValu, Inc. dba Cub Wine & Spirits, 5201 36th Ave. N., Crystal, MN 55422
5.2
CITY OF CRYSTAL
RESOLUTION NO. 2021 –
RESOLUTION ACCEPTING A DONATION FROM
WESTPHAL AMERICAN LEGION POST #251
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 donation:
Donors Purpose Amount
Westphal American Legion Post #251 Airport Open House $200
AND, BE IT FURTHER RESOLVED that the Crystal City Council sincerely thanks the above-
named for their generous donation.
Dated: September 9, 2021
By: __________________________
Jim Adams, Mayor
ATTEST:
______________________________
Chrissy Serres, City Clerk
5.3
5.4
Memorandum
DATE: September 9, 2021
TO: City Council
FROM: Mark Ray, PE, Director of Public Works
Mick Cyert, Engineering Project Manager
SUBJECT: Declare Amount to Be Assessed, Order Preparation of Assessment Roll and Set
Date for Public Hearing – 2021 Utility Reconstruction Private Sanitary Sewer
Service Lining
Background
As part of the 2021 Utility Reconstruction Project, property owners were given the opportunity
to have the portion of their sanitary sewer service lined from approximately 5 feet behind the
street curb line to the house foundation. Due to the nature of utility reconstruction projects,
the sanitary sewer line from the sewer main in the street to approximately 5 feet behind the
curb is being impacted by the replacement of the main and is being replaced as part of the
project itself.
Cost
This program was completely optional. The cost was a flat $7,000 per property to have their
sanitary sewer service lined. The cost for the work can either be paid up front or put on a
special assessment.
Discussion
Of the 34 parcels in the 2021 Utility Reconstruction Project, 7 participated in the sewer repair
program. Every participant signed an agreement, which included the cost of the proposed
work, which waived their right to appeal the assessment. However, the City is still required to
hold the formal assessment hearing.
In order to meet the County deadline and allow for the hearing notice and a thirty day
prepayment period, it is necessary for the Council to adopt the attached resolution declaring
the amount to be assessed, ordering the preparation of the assessment roll, and setting the
hearing date for October 5, 2021.
Recommendation
Motion to adopt the resolution regarding the 2021 Utility Reconstruction Project private
sanitary sewer work
5.5
RESOLUTION NO. 2021 - ___
DECLARING AMOUNT TO BE ASSESSED, ORDERING PREPARATION OF
ASSESSMENT ROLL AND SETTING DATE FOR PUBLIC HEARING FOR 2021 UTILITY
RECONSTRUCTION PRIVATE SANITARY
SEWER SERVICES REPAIRS
WHEREAS, the City Council approved the project plans and specifications and ordered the
ad for bids for the 2021 Utility Reconstruction Project (“Project”) on March 2, 2021; and
WHEREAS, the City Council awarded the contract for the Project on April 20, 2021; and
WHEREAS, as part of the Project, property owners were given the option to participate in a
private sanitary sewer repair program (“Repair Program”); and
WHEREAS, the owners requesting participation in the Repair Program petitioned the City
for said improvements and signed an agreement waiving their right to appeal the assessment
associated with the Repair Program; and
WHEREAS, the Project, including the Repair Program, is being constructed in accordance
with the Minnesota Statutes, chapter 429 requirements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CRYSTAL,
MINNESOTA as follows:
1) The total cost to be assessed against the 7 properties whose owners elected to participate in
the Repair Program is $49,000.00, with a set assessment amount of $7,000 per property.
2) City staff is hereby ordered to prepare the assessment roll for the Repair Program and file it
in the office of the City Clerk.
3) Assessments shall be payable in equal installments extending over a period of 5 years, the
first installment to be payable on or before the first Monday in January 2022, and shall bear
interest at the rate of 3 percent per annum from the date of the adoption of the assessment
resolution.
3) A public hearing on the proposed assessments for the Repair Program shall be held by the
City Council, at the City Council Chambers, 4141 Douglas Dr. N., Crystal on the 5th day of
October 2021 at 7:00 p.m., or as soon thereafter as the matter may be heard. Any of the
owners participating in the Repair Program will be given an opportunity to be heard
regarding the proposed assessments. Notice of the public hearing shall be published and
mailed in accordance with law.
Adopted by the Crystal City Council this 9th day of September 2021.
Jim Adams, Mayor
Attest:___________________________
Christina Serres, City Clerk
5.5
DATE:September 2, 2021
TO:Anne Norris, City Manager
City of Crystal City Council
FROM:Jean McGann, Contracted Finance Director
RE:Expenditures over $25,000
Payee Amount
Short Elliot Hendrickson, Inc.2021 Utilility Reconstruction project $34,761.44
West Metro Fire Rescue District August contribution to West Metro Fire $110,140.56
Boys Contracting, LLC Crystal pumphouse valve project $29,919.39
Center for Energy & Environment Home improvement loan program costs $42,571.49
Hennepin County Treasurer County assessment fees 2nd half for 2021 $102,000.00
Construcion Systems, Inc.New public safety building project costs $76,755.14
Kraus-Anderson Construction Co.New public safety building project management $84,876.05
Laketown Electric Corporation New public safety building project costs $91,437.50
McDowall Company New public safety building project costs $50,160.00
Senoma Inc, DBA Century ConstructionNew public safety building project costs $60,500.27
Barr Engineering Co.Gaulke pond design project $25,839.10
GMH Asphalt Corporation 2021 Mill and Overlay AFP #3 $75,897.19
Towmaster, Inc.Truck build for new vehicle #311 $119,906.00
MN PERA Employee & city required contributions for 08/20/21 pay date $62,863.41
Metropolitan Council Environ Svs Wastewater service for September $143,035.56
$1,110,663.10
Description
7.1
7.2
7.2
7.2
7.2
7.2
7.2
7.2
7.2
7.2
7.2
7.2
7.2
7.2
7.2
7.2
7.2
7.2
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CRYSTAL FLATS – SUBDIVISION APPLICATION
PAGE 1 OF 12
____________________________________________________________________________
FROM: Dan Olson, City Planner
____________________________________________________________________
TO: Anne Norris, City Manager (for September 9 Meeting)
DATE: September 2, 2021
RE: Consider adoption of a resolution approving a preliminary and final plat
for the Crystal Flats subdivision at 6613 – 36th Avenue North
A.BACKGROUND
Mahmoud Abumayyaleh, owner of the 23,598 SF (0.54 acre) subject property
located at 6613 - 36th Avenue North, is proposing to subdivide it into two lots for
construction of new single-family homes. The plat name is Crystal Flats and it is
zoned Low Density Residential (R-1).
Attachments:
A.Site location and public hearing notice mailing map
B.Existing zoning map
C.Proposed Crystal Flats preliminary plat (nine sheets)
D.Proposed Crystal Flat final plat
E.Resolution to APPROVE subdivision
F.Resolution to DENY subdivision and easement vacation
Section Page Number(s) Information Provided
B. (Response to City Council questions)Pages 2-4 •Staff response to Council
questions
C. (Planning Commission hearing and
recommendation)
Pages 4-7 •Commission findings for
recommendation
•Staff response to public
hearing comments
D. (Proposed property subdivision details)Pages 8-10 •Subdivision elements
E.(Preliminary plat criteria)Page 10 •City response to criteria
F. (Final plat criteria)Pages 10-11 •City response to criteria
G.(Requested Council action)Pages 11-12 •Requested action
•Approval conditions
COUNCIL STAFF REPORT
Proposed Crystal Flats subdivision
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CRYSTAL FLATS – SUBDIVISION APPLICATION
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B. RESPONSE TO CITY COUNCIL QUESTIONS
At the August 17, 2021 City Council meeting, the Council held a public hearing
for a request to vacate an easement as part of a subdivision application at 6613
– 36th Avenue North (see agenda item 7.4). After hearing public testimony
Council continued the discussion of both the subdivision and the easement
vacation so that additional information could be provide d about the subdivision
application, including stormwater management and street parking requirements.
The following information is provided in response to that request:
1. Stormwater management:
Question: Describe the drainage impacts to adjacent properties.
Staff response: The City engineer has reviewed the stormwater management
plan submitted by the applicant and found it to meet the city’s surface water
management requirements in city code section 520.17. If the subdivision is
approved the property will be graded so that stormwater will be directed into
the proposed stormwater infiltration basins (“raingardens”) on both properties
and into Bassett Creek, where stormwater naturally flows f rom this and other
properties along the creek. Adjacent properties are not expected to receive
stormwater runoff from this property.
2. Review by other agencies:
Question: Can other entities, such as the Bassett Creek Watershed
Management Commission (BCWMC), Joint Water Commission (JWC) or
Minnesota DNR review the stormwater management plan?
Staff response:
➢ The BCWMC only reviews those development proposals that involve
disturbing more than one acre. The property at 6613 – 36th Avenue is only
½ acre in size.
➢ The JWC, which works to ensure quality potable (“drinking”) water for
Crystal, Golden Valley and New Hope, does not review development
proposals.
➢ Rather than reviewing all subdivisions or development on an individual
basis the DNR requires municipalities to adopt a model floodplain
ordinance to maintain eligibility in the National Flood Insurance Program
administered by the Federal Emergency Management Agency (FEMA).
This ordinance provides requirements for construction adjacent to
floodplains, such as Bassett Creek. The proposed subdivision meets the
requirements of the city’s floodplain ordinance.
3. Parking:
Question: What are the parking limitations for the alley and 36th, Hampshire,
and Georgia Avenues?
7.3
CRYSTAL FLATS – SUBDIVISION APPLICATION
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Staff response:
• Alley: No parking is allowed
• 36th Avenue N: No parking is allowed
• Hampshire Ave N: East side - no parking; west side - no parking 2-5 A.M.
• Georgia Ave N: No parking from 2-5 A.M.
The city’s unified development code (UDC) requires two off -street parking
spaces per property, one of which must be enclosed in a garage. For each
property the applicant provides two enclosed spaces and two spaces in the
driveway. Therefore the applicant has exceeded the minimum number of
required parking spaces for each property, reducing the likelihood of
residents and guests of these new homes from parking in the street.
4. Utilities:
Question: If approved the new homes would be required to underground any
new or extended utility lines. Will undergrounding be required for adjacent
properties?
Staff response: The requirement to underground utilities is only for the
property at 6613 – 36th Avenue. Adjacent property owners will not have to
meet this requirement.
5. Homes facing alleys:
Question: Are there any other examples of Crystal homes that do not have
access to a public street, but only to an alley?
Staff response: The home on this property that was demolished in 2013 did
not have access to a public street , but only to the alley. Staff is not aware of
any other homes in this situation. As a protection for Bassett Creek, driveway
access to 36th Avenue is not proposed for this property.
6. Lot dimension calculation:
Question: The lot width dimension shown on the plat is 49.6’, which does
not appear to meet the minimum lot width of 50’. Explain how these lots
meet the city’s minimum width requirements.
Staff response: The original Gardendale Acres plat was approved by the city
in 1926 with a width of 100’. The two adjacent properties to the west, 3540
and 3550 Hampshire Avenue, were replatted in 1963. During that process the
two plats overlapped each other causing the property at 6613 – 36th to fall
short a few inches in lot width. The property surveyor has indicated that each
lot in the Crystal Flats plat will be 49.6’ in width. However in city code section
520.01, any percentage of 0.5 percent or less ca n be rounded up to the
7.3
CRYSTAL FLATS – SUBDIVISION APPLICATION
PAGE 4 OF 12
nearest whole number, which in this case would be 50’. Therefore the two
lots in the Crystal Flats plat would meet the minimum lot width requirement.
7. Construction alternatives:
Question: If the subdivision is denied by the Council what could the applicant
build on the property?
Staff response: The applicant could build a single-family home, which could
include an accessory dwelling unit (ADU). In addition the applicant could build
a two-family dwelling. Both of these construction types could be built without
City Council approval or public input.
C. PLANNING COMMISSION HEARING AND RECOMMENDATION
Notice of the August 9 Planning Commission public hearing was published in the
Sun Post on July 29, mailed to owners and renters within 500 feet (attachment
A) and posted to the Brownwood, Valley Place, Fair and Bassett Creek
neighborhoods on Nextdoor. A sign was also posted on the property.
At the August 9 Planning Commission public hearing, the Commission heard
comments from seven Crystal residents.
After discussion, the Commission recommended denial of the subdivision
application by a vote of 7 to 1 (one member was absent). The Commission listed
as their Finding of Fact for the recommendation as “the new homes would face
the alley, in contradiction to the Unified Development Code (UDC)”. The
following is a description of that finding and three other concerns that were
expressed at the public hearing, with staff’s response to those concerns:
1. The homes face the alley in contradiction to the UDC requirement that
“no home shall be oriented to face the alley”. (This was the Planning
Commission’s recommended finding for denial of the subdivision.)
Staff response: The actual text of the code - 525.05, Subd. 10 (h) (3) -
shows that this requirement is only a condition for the establishment of
alleys, and is not applicable beyond that. UDC excerpt with highlighting for
emphasis:
(h) Alleys. Alleys may be established in the city under the following
conditions:
(1) The alleys are publicly owned and maintained;
(2) The alleys shall be made of concrete;
(3) No home shall be oriented to face the alley; and
(4) Alleys are permitted as a secondary access when the lots front on
an arterial or collector street.
7.3
CRYSTAL FLATS – SUBDIVISION APPLICATION
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In this case:
✓ The alley was legally established in 1926 when it was platted in the
Gardendale Acres subdivision.
✓ The alley was physically established by 1937 and has been
continuously maintained as an alley since then.
✓ The proposed plat (Crystal Flats) does not dedicate, create or in any
way establish an alley.
Therefore the code provision cited in the Planning Commission’s finding for
denial is not applicable and staff opinion is that the subdivision cannot be
denied for this reason.
Supporting documentation for the staff opinion:
Excerpt from the 1926 Gardendale Acres plat:
Subject Property
(Lot 5)
6613 – 36th Ave N
Alley
7.3
CRYSTAL FLATS – SUBDIVISION APPLICATION
PAGE 6 OF 12
1937 aerial photo:
2012 aerial photo:
7.3
CRYSTAL FLATS – SUBDIVISION APPLICATION
PAGE 7 OF 12
2. The lot is too small for two single family homes.
Staff response: Both proposed lots meet the lot width, depth and area
requirements of the UDC. Although the two proposed lots would be
narrower than other lots currently accessed from the alley, the proposed
lots’ depth and area would be similar to, or exceed that of the other lots
accessed from the alley.
3. Adding two new homes would make the alley too congested, especially
since the alley is a “dead-end” with only one access point.
Staff response: If the subdivision application is approved by the City
Council, there would be six homes using the alley for access. There are
other “dead-end” alleys in Crystal with alley-accessed garages serving
more houses than the six houses the subject alley would serve after
approval of the proposed subdivision. Specifically:
• The dead-end alley between 42nd and 43rd Avenues/Zane and
Xenia Avenues has 12 garages
• The dead-end alley between 42nd and 43rd Avenues/Xenia and
Welcome Avenues has 11 garages
According to city code section 520.15, in order to prevent traffic
congestion in public rights-of-way, the UDC specifically requires a
minimum number of off-street parking spaces be provided for various land
uses. For single-family homes each property must provide two parking
spaces, one of which must be enclosed within a garage. The proposed
homes will have two garage spaces plus parking in the driveway for
another two vehicles. Therefore the applicant has exceeded the minimum
number of required parking spaces for each property, reducing the
likelihood of congestion in the alley.
4. The construction of the two homes will be too disru ptive to the residents
living off of the alley.
Staff response: As with any construction of a new home in an existing
residential neighborhood, there is the potential for neighborhood
disruption. In 2016 the City Council adopted a construction management
ordinance to help alleviate this type of disruption. As part of this
management process, city staff sends an information packet to adjacent
property owners with the builder’s contact information and a description of
how to respond to negative impacts from the construction. In addition staff
meets with the builder before the building permit is issued to have them
sign a construction management agreement detailing how they will interact
with the surrounding property owners.
7.3
CRYSTAL FLATS – SUBDIVISION APPLICATION
PAGE 8 OF 12
D. PROPOSED PROPERTY SUBDIVISION DETAILS
Existing use
The property is a vacant lot. The home previously on the property was
demolished in 2013.
Proposed use
The applicant is proposing to construct two new single-family homes, which
would be addressed as 6609 and 6611 - 36th Avenue North.
Parcel Area Details
23, 598 sq. ft. (0.54 acres) - Total area to be replatted as follows:
➢ 11,797 sq. ft. (0.27 acre) Lot 1 (new 6611 - 36th Ave N)
➢ 11,801 sq. ft. (0.27 acre) Lot 2 (new 6609 - 36th Ave N)
Subdivision design features
The proposed plat would be named Crystal Flats. The following are the notable
design features of this subdivision:
1. Zoning Requirements
• Building setbacks. The homes on these two proposed properties will meet
the setbacks required for the R-1 district, which are 30 feet for the front
and rear property lines. Side setbacks will be controlled by the five foot
drainage and utility easements. No part of the homes, including eaves,
may be located within a drainage and utility easement.
• Lot size and area. The proposed lots meet the minimum lot area (6,000
sq. ft.), width (50’), and depth (100’) requirements of the R-1 district. The
original Gardendale Acres plat was approved by the city in 1926 with a
width of 100’. The two adjacent properties to the west, 3540 and 3550
Hampshire Avenue, were replatted in 1963. During that process the two
plats overlapped each other causing the property at 6613 – 36th to fall
short a few inches in lot width. The property surveyor has indicated that
each lot in the Crystal Flats plat will be 49.6’ in width. However in city
code section 520.01, any percentage of 0.5 percent or less can be
rounded up to the nearest whole number, which in this case would be 50’.
Therefore the two lots in the Crystal Flats plat would meet the minimum lot
width requirement.
• Residential density. The area included in Crystal Flats will have a required
maximum gross density of no more than six units per gross acre. “Gross”
includes public areas such as street right-of-ways in the density
calculation. In the case of Crystal Flats, gross density is calculated as
follows:
23,598 sq. ft – Total area to be replatted into two lots
plus
7.3
CRYSTAL FLATS – SUBDIVISION APPLICATION
PAGE 9 OF 12
4,605 sq. ft. – The portion of the 36th Avenue right-of-way south of the
centerline, and the portion of the alley right-of-way north of the
centerline. These are not included in the plat because they were
previously platted in Gardendale Acres. However, for the purposes of
calculating gross density, the UDC includes adjacent street and alley
right-of-way or easement areas.
equals
28,203 sq. ft (0.64 acres) - Total area included in the density
calculation.
Gross density is calculated by dividing 2 housing units by 0.64 acres,
yielding a density of 3.1 units per gross acre for Crystal Flats, well
below the maximum of 6 units per gross acre.
2. Street and Pedestrian Access
• Street access. Due to the presence of Bassett Creek on the northern half
of the lot, the two new homes will be accessed off of a public alley on the
south side of the property. There are currently four other homes that are
accessed from this alley, which has a pavement width of 12’ within a 16’
right-of-way.
• Pedestrian connections. There is an existing sidewalk along 36th Avenue.
3. Utilities. The new homes will connect to a proposed new water main in the
alley connecting between the existing mains along Hampshire Avenue and
Georgia Avenue. Sanitary sewer connections will be made to an existing 4”
service (for the home that was demolished) that connects to the main which
runs along the creek. The portion of the sanitary sewer service that runs from
the home to the combined sanitary sewer service will be the responsibility of
the respective homeowner. The combined sanitary sewer service out to the
main will be the joint responsibility of the two property owne rs. A shared utility
service is not typical in Crystal, but it is not unusual - the recent subdivision
along the 39XX block of Douglas Drive has shared water services due to the
difficulty of cutting into the concrete water main in Douglas. Staff
recommends that a condition of plat approval be added that requires a
covenant to be recorded for both properties which would require them to
cooperate and be jointly responsible for any issues and costs related to
maintaining this shared sanitary sewer pipe.
There are existing overhead private utility lines along the alley on the south
side of the property and along the west side of the property. New drainage
and utility easements are dedicated with this new plat. New private utility
services to the new homes, such as Xcel Energy, Century Link and Comcast,
will be buried underground.
4. Grading, Drainage and Erosion Control. The applicant has submitted a
stormwater plan that proposes to construct two infiltration basins on each
7.3
CRYSTAL FLATS – SUBDIVISION APPLICATION
PAGE 10 OF 12
property – one in the front yard and one in the back yard. Maintenance will be
the responsibility of each respective homeowner, not the city or any other
public entity. During home construction the city will require erosion control
techniques to be used on-site including silt fences, inlet protection, and rock
construction entrance.
5. Landscaping. The UDC requires the builder to plant one new tree in the front
yard of each of the new homes.
6. Park dedication. The UDC requires a payment of $1,000 per new net lot
created. This park dedication fee would be paid by the applicant prior to the
release of the plat by the city for county recording.
E. PRELIMINARY PLAT CRITERIA
The following are the relevant criteria for approval of preliminary plats in city code
section 510.25.
1. The proposed subdivision must be in compliance with the provisions of
this UDC.
Findings: The proposed subdivision meets UDC requirements.
2. The proposed subdivision must be in accordance with the objectives of
the city’s comprehensive plan.
Findings: The proposed subdivision meets the density requirements
of the low density residential land use category.
3. The physical characteristics of the site, including but not limited to,
topography, vegetation, susceptibility to erosion and sedimentation,
susceptibility to flooding, water storage and retention, must be such that
the site is suitable for the type of development of uses contemplated.
Findings: The characteristics of the site are conducive to the
construction of two new single-family homes, which will be located
on the higher elevation of the property sufficiently distanced from
the Bassett Creek floodplain.
F. FINAL PLAT CRITERIA
In addition to preliminary plat approval for the Crystal Flats subdivision, final plat
approval is also requested. According to City Code Section 510.11, Planning
Commission review of the final plat is not required. The following are the relevant
criteria for approval of final plats in city code section 510.25.
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(1) Construction drawings have been submitted to, reviewed and approved b y
the city engineer.
Findings: The city engineer has reviewed utility connection plans for
the new homes and found them to meet the city’s requirements.
(2) A development agreement in a form acceptable to the city shall be
prepared and executed as part of the final plat application.
Findings. The signing of a development agreement by the applicant is
a condition of approval of the subdivision.
(3) The final plat is in substantial compliance to the approved preliminary plat
and any conditions on the preliminary plat approval.
Findings. The final plat is in substantial compliance with the
preliminary plat.
G. REQUESTED COUNCIL ACTION
At the August 9, 2021 Planning Commission meeting, the Commission
recommended denial of the preliminary plat by a vote of seven to one (one
member absent).
Notwithstanding the Planning Commission recommendation and because the
plat actually would meet the requirements of city code, staff recommends
approval of the preliminary and final plat with the following conditions:
1. Release of final plat. Prior to the release by the city of the final plat document
for recording at Hennepin County, the applicant shall:
a. Pay the city a $1,000 park dedication fee.
b. Execute development agreement with the city in a form acceptable to
the city.
2. Certificate of occupancy. Before the certificate of occupancy is released by
the city, the following must occur:
a. A shared responsibility covenant must be recorded for both properti es
requiring them to cooperate and be jointly responsible for any issues
and costs related to maintaining the shared sanitary sewer pipe to the
city’s main in 36th Avenue. The covenant must be in a form acceptable
to the city.
b. Each property owner shall install and maintain a directional sign along
36th Avenue with the house number and a message stating that
property access for the home is located off of the alley accessed from
Hampshire Avenue North (the exact language to be reviewed and
approved by city staff).
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CRYSTAL FLATS – SUBDIVISION APPLICATION
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3. Overhead utilities. If the overhead utility lines on the property are relocated or
extended, the lines shall be buried underground. New private utilities, such
as Xcel Energy, Center Point Energy, or Comcast shall be buried
underground. Under no circumstances shall additional overhead utilities be
installed, whether main lines, feeder lines or service lines to the new houses.
4. Compliance. Development of the plat is subject to the applicable
requirements of the Crystal City Code. The applicant is required to comply
with all applicable federal, state, and local laws, rules, regulations, and
ordinances in developing the plat and is required to obtain such other permits
and permissions as may be required.
5. No Waiver. Failure by the City to take action with respect to any violation of
any condition, covenant or term of this plat approval shall not be deemed to
be a waiver of such condition, covenant, or term or any subsequent violation
of the same or any other condition, covenant, or term.
6. Binding Effect. The conditions placed on this preliminary approval are binding
on the applicant, its successors and assigns, shall run with the property, and
shall not in any way be affected by the subsequent sale, lease, or other
change from current ownership. The obligations of the applicant under this
approval shall also be the obligations of the current and any subsequent
owners of the property.
7. Acceptance of Conditions. Utilization of the property for any of the uses
allowed by this preliminary approval shall automatically be deemed
acceptance of, and agreement to, the terms and conditions without
qualification, reservation, or exception
The City Council has two options to take action on the Crystal Flats subdivision:
➢ If the Council agrees with the staff’s Findings of Fact in this staff report,
motion to approve the proposed resolution (attachment E) is requested.
➢ If the Council does not agree with the staff’s Findings of Fact in this staff
report, motion to deny the proposed resolution (attachm ent F) is
requested. This resolution also denies the proposed easement vacation
(see agenda item 7.4).
7.3
Site Location and Public Hearing Notice Mailing Map
6613 – 36th Ave N
4141 Douglas Dr. N.
Crystal MN 55422
Attachment A
7.3
Zoning Map
6613 36th Ave N
4141 Douglas Dr. N.
Crystal MN 55422
Attachment B
7.3
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0
0
62
.
0
5162.4310.0
12.955.122.789.81
90.44EAST LINE OF HAMPSHIRE AVE. N. AS PLATTED ESTABLISHED FROM SECTION BREAKDOWN PER PLAT OF FRANZ ADD.
PER PLAT OF FRANZ ADD.W a l lW a l lC o n c r e t e
C o n
c
r
e
t
e
RESIDENCE
No. 6603RESIDENCE
No. 3540
RESIDENCE
No. 3550
C o n c r e t e
W a l lSanitary Sewer as Marked in the FieldDrainage Easement per
Doc. No. 4794500
5.3
F:\survey\gardendale acres - hennepin\5-2 gardendale acres\01 Surveying - 89595\01 CAD\01 Source\01 Survey Base.dwg
Basis for
bearings is
assumed
Surveyors Certificate
x000.0 Denotes Existing Elevation
Denotes Iron Monument
Denotes Found Iron Monument
Denotes Existing Contours
NOTE: The only easements shown are from plats
of record or information provided by client.
Drawn By
Signed
Gregory R. Prasch, Minn. Reg. No. 24992
Scale: 1" = 30'
F.B.No.
Project No.I certify that this survey, plan, or report was prepared by me or under my
direct supervision and that I am a duly Licensed Land Surveyor under
the laws of the State of Minnesota
rev
Address:
Legal Description
7601 73rd Avenue North
Minneapolis, Minnesota 55428
(763) 560-3093
DemarcInc.com
89595
1122-02
Existing Conditions Survey For:
6613 36th Ave. N.
Crystal, MN
Surveyed this 10th day of June 2021.
MAHMOUD ABUMAYYALEH
Lot 5, Block 2, GARDENDALE ACRES
Hennepin County, Minnesota
Property located in Section
20, Township 118, Range 21,
Hennepin County, Minnesota
Benchmark: MNDOT Station 'DQ'
Elevation = 909.26 feet (NAVD 88)
Property Zoned R1 - Low Density Residential with Flood
Plain Overlay District (rear portion of Lot)
Building Setback Requirements
Front - 30 feet
Side - 5 feet
Rear - 30 feet
Maximum building height 2 stories or 32 feet
Refer to City Code for additional restrictions or
allowances.
6-24-21 boundary clarification
Attachment C
7.3
A0 Hung Ly
SHEET NO.
DRAWN BY:
07/03/2021
PROJECT NO.: DATE:
SHEET TITLE
REVISIONS 6609 36th Ave. NorthCrystal, MN 55427ArchitectsHLNew Single Family HouseREG. 50476 Date: 07/03/2021-/-/-51 11th Ave. SouthWaite Park, MN 56387320-237-7411: hlarchitects2000@gmail.comSITE LOCATION
DRAFTING SYMBOLS, SITE
PLAN AND SITE INFORMATION
AERIAL MAP
#4%*+6'%674#.
ARCHITECTURAL
A2
A3
A4
A1
PROJECT INDEX, TITLE SHEET, SITEPLAN
6609 36th Ave. North
Crystal, MN 55427
New Single Family House
A0
A5
BASEMENT, FIRST FLOOR PLANS, AND NOTES
SECOND AND ROOF PLANS AND NOTES
EXTERIOR ELEVATIONS
WALL SECTIONS
WALL SECTION AND DETAILS
7.3
889.2890.0890.3892.1893.0892.7894.3895.3895.3895.2896.7896.7897.7898.9901.1899.9896.8897.8891.6890.0891.6893.5895.1896.4897.5898.8899.9900.3892.5896.8897.0895.5894.2888.1us891.7Hydranttnh=885.82888.2888.0888.2888.0883.0883.2881.3883.4886.2886.3888.2882.9876.2876.9872.3inv=870.51876.9inv=870.56876.1870.8870.7870.8870.8875.1873.1SSanitary Manholerim=882.90SSanitary Manholerim=882.90Sign883.0883.4tcc883.29884.9tcc884.69Serv886.3tcc886.21tnh891.76SSanitary Manholerim=887.40SSanitary Manholerim=886.81"inv=870.07"inv=869.96872.5872.5873.0898.4inv=868.24inv=867.70BASSETT CREEK36TH AVE. N.N 00°06'01" W 237.60
S 00°05'40" E 238.15 S 89°45'18" E 99.34Meas.100.0 PlatMeas.238.09 Plat880890 872874876878882884886888880872874876878882884894
900 896898 Overhead WiresF e n c e
F e n c e Overhead WiresOverhead W
i
r
e
sOverhead WiresF e n c eF e n c eHAMPSHIRE AVE. N.8" VCP Sanitary Sewer10" VCP Sanitary Sewer6" WatermainA L L E YBox Culverts91.0062.0062.05162.4310.012.9 55.1
22.7 89.8190.44EAST LINE OF HAMPSHIRE AVE. N. AS PLATTED ESTABLISHED FROM SECTION BREAKDOWN PER PLAT OF FRANZ ADD.PER PLAT OF FRANZ ADD.W a l l W a l lC o n c r e t eC o n
c
r
e
t
e
RESIDENCENo. 6603RESIDENCENo. 3540RESIDENCENo. 3550C o n c r e t eW a l lSanitary Sewer as Marked in the Field
5.33333
16 33333333
33 33Adjoining Owner:James & Laurenda FrakesAdjoining Owner:Allen FranzAdjoining Owner:David & Kathy BissenNORTH LINE OF THE NE 1/4 OF SEC. 20, TWP. 118, R. 21WEST LINE OF THE NE 1/4 OF THE NE 1/4 OF SEC. 20, TWP. 118, R. 21
GEORGIA AVE. N.Box Culverts49.6849.6849.6749.67S 00°05'50" E 237.531
25.534.1Drainage Easement per Doc. No. 4794500TO BE VACATED2' Cant.PorchD e c kPROPOSEDRESIDENCE2' Cant.PorchD e c kPROPOSEDRESIDENCE9.59.530.1
30.0
100 YEAR FLOOD CONTOUR9.29.59.59.2D r i v e w a y
D r i v e w a y WalnutWillowRiver BirchRiver BirchRiver BirchWalnut123465892.3894.3899.2897.24%
5%S 89°40'04" E 99.36Meas.100.0 Plat1F:\survey\gardendale acres - hennepin\5-2\01 Surveying - 89595\01 CAD\01 Source\01 Survey Base.dwgFile No.Certification Legal DescriptionLot 5, Block 2, GARDENDALE ACRES, Hennepin County, Minnesota. Signed: ____________________________________________ Gregory R. Prasch Registration No. 24992Prepared this 7th day of July 2021.PRELIMINARY PLAT & TREE INVENTORY Zoning & Development InformationProperty Currently Zoned: R-1, Low Density Residential with Flood Plain Overlay DistrictProposed Zoning: R-1, Low Density Residential with Flood Plain Overlay District Zoning Ordinance Requirements: Building Setbacks Front - 30 feet Side Yard - 5 feet Rear Yard - 30 feet Minimum Lot Size - 6,000 sq.ft Minimum Lot Width - 50 feet Minimum Lot Depth - 100 feet Maximum Building Height - 2 stories or 32 feet whichever is lessRefer to City code for additional requirementsProposed Number of Lots = 2Area of proposed: Lot 1, Block 1 = 11,797 sq.ft Lot 2, Block 1 = 11,801 sq.ft Right-of-Way = 0 sq.ft7601 73rd Avenue NorthMinneapolis, Minnesota 55428(763) 560-3093DemarcInc.comCRYSTAL FLATSPRELIMINARY PLAT - CRYSTAL FLATS drawn by:Peek
-
a
-
B
oo Property Address:6613 36th Avenue N., Crystal, MN 55427 (PID No. 20-118-21-11-0041)Total Area of Parcel = 23,598 sq.ft (0.54 acres)Benchmark: MNDOT Station "DQ". Elevation = 909.07 feet (NAVD 29)By graphic interpretation only, this property is in Flood Zone "X" (area of minimal flooding) andZone "AE" (area prone to flooding) per FEMA panel map number 27053C0213F dated 11/04/2016.100 Year Flood Elevation = 878.0 feetTitle insurance commitment showing property description and any encumbrances of record notprovided, survey subject to change. The only easements shown are from plats of record orinformation provided by client.Property located in Section 20, Township 118, Range 21, Hennepin County, Minnesota.Underground utility information from City of Crystal records, locations are only approximate and notall utilities are shown. Contact Gopher State One Call prior to any excavation. 651-454-0002.Tree identification and location per files from TreeBiz (651-336-8095)Miscellaneous NotesMN 1MN 2MN 3MN 4MN 5MN 6 Personnel ENGINEER:DemarcLand Surveying & Engineering7601 73rd Avenue N.Brooklyn Park, MN 55428phone 763-560-3093fax 763-560-3522Attn: Jeff Praschjeff prasch@dmearcinc.comProperty Owner:Jufh Enterprises LLC8625 Nevada Ave. N.Brooklyn Park, MN 55445SURVEYORDemarcSurveying and Engineering7601 73rd Avenue N.Brooklyn Park, MN 55428Attn: Greg Praschphone: 763-560-3093fax: 763-560-3522gregprasch@demarcinc.com Developer:JUFH Enterprises LLCMahmoud Abumayyaleh8625 Nevada Ave. N.Brooklyn Park, MN 55445Phone: 612-501-4000mahmoudabumayyaleh@gmail.comCITY OF CRYSTAL, HENNEPIN COUNTYF.B. No. 1122-02 inv. 89595basis of bearings is assumedProposed Drainage & Utility Easements are shown thus:BEING 10 FEET IN WIDTH AND ADJOININGRIGHT OF WAY LINES AND 5 FEET IN WIDTHAND ADJOINING INTERIOR LOT LINES.10
10 55R/W LineLot Line
x000.0Denotes Existing ElevationDenotes Found Iron MonumentDenotes Iron Monument SetBollardLightPower PoleSanitary ManholeStorm ManholeWater ManholeCatch BasinSanitary SewerStorm SewerWatermainOverhead WiresDenotes Existing ContoursDenotes Fence lineLegendVicinity MapDouglas Drive N
Louisiana Ave. N
SITE no scaleSHEET 1 OF 1Tree Inventory I certify that this plan, specification, or report was prepared by me or under my direct supervisionand that I am a duly Licensed land Surveyor under the laws of the State of Minnesota.Proposed Building ElevationsProposed Top of FoundationProposed Garage FloorProposed Basement FloorType of Building897.5897.2889.5Full Basement LookoutProposed Top of FoundationProposed Garage FloorProposed Basement FloorType of Building899.5899.2891.2Full Basement LookoutLot 1Lot 2123Denotes Proposed ElevationDenotes Proposed Surface Water Drainage DirectionMN 77.3
890.0
890.3
892.1
893.0
892.7
894.3
895.3
895.3895.2
896.7
896.7
897.7
898.9
901.1
899.9
896.8
897.8
891.6890.0
891.6
893.5 895.1 896.4 897.5
898.8 899.9
900.3
892.5
896.8
897.0
895.5
894.2
888.1
us
891.7
888.2
888.0 888.2
888.0
883.0883.2 881.3883.4886.2
886.3
888.2
882.9
876.2
876.9
872.3
inv=870.51
876.9
inv=870.56
876.1
870.8
870.7 870.8
870.8
875.1
873.1
S
Sanitary Manhole
rim=882.90
Sign
883.0
883.4
tcc
883.29
884.9
tcc
884.69
Serv
886.3
tcc
886.21
"
inv=870.07
"
inv=869.96
872.5872.5
873.0
898.4
inv=868.24
BASSETT
C
R
E
E
K
36TH AVE. N.N 00°06'01" W 237.60S 00°05'40" E 238.15S 89°45'18" E 99.34 Meas.100.0 Plat
Meas.238.09 Plat880
890
872
874
876
878
882
884
886
888
880
872
874
876
878
882
884
894900896
898Overhead WiresOverhead WiresOverhead Wires
Overhead Wires
10"
V
C
P
S
a
n
i
t
a
r
y
S
e
w
e
r
A L L E Y
Box Culverts
91.00162.4310.0
12.955.122.789.81
90.44
PER PLAT OF FRANZ ADD.
PER PLAT OF FRANZ ADD.W a l lW a l lC o n c r e t e
C o n
c
r
e
t
e
RESIDENCE
No. 6603RESIDENCE
No. 3540
RESIDENCE
No. 3550
C o n c r e t e
W a l lSanitary Sewer as Marked in the Field5.3
1633Adjoining Owner:
James & Laurenda Frakes
Adjoining Owner:
Allen Franz
Adjoining Owner:
David & Kathy Bissen
Box Culverts
49.6849.68
49.67 49.67
S 00°05'50" E 237.531 2
5.5
34.1
2' Cant.
Porch
D e c k
PROPOSED
RESIDENCE
2' Cant.
Porch
D e c k
PROPOSED
RESIDENCE
9.5 9.5
30.130.0100 YEAR FLOOD CONTOUR9.2 9.5 9.5
9.2
S
D r i v e w a yD r i v e w a yWalnut Willow
River Birch
River Birch
River Birch
Walnut
1
2
3
4
6
5
892.3 894.3
899.2897.2
4%5%S 89°40'04" E 99.36 Meas.100.0 Plat
1
SCALE IN FEET
200 40
F:\survey\gardendale acres - hennepin\5-2\01 Surveying - 89595\01 CAD\01 Source\01 Survey Base.dwgC1 OF C2
DATE:LIC. NO.:
SHEET NO.
PROJECT: 89595AREVISIONSDESIGNED BY:
DRAWN BY:
CHECKED BY:
LOT 5, BLOCK 2
GARDENDALE ACRES
6613 36TH AVENUE N
CRYSTAL, MINNESOTA
EROSION AND SEDIMENT
CONTROL PLAN
I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS
PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A
DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE
OF MINNESOTA.JUFH ENTERPRISES LLC
8625 NEVADA AVENUE N
BROOKLYN PARK, MN 55445JEFFREY A. PRASCH, P.E.
07.13.21 52706
JWL
JAP
GRP
INLET PROTECTION
NOT TO SCALE
2
C1
MINIMUM DOUBLE STITCHED
SEAMS ALL AROUND SIDE
PIECES AND ON FLAP POCKETS
FRONT, BACK, AND
BOTTOM TO BE
MADE FROM SINGLE
PIECE OF FABRIC
OVERFLOW HOLES (2 IN X 4
IN HOLE SHALL BE HEAT CUT
INTO ALL FOUR SIDE PANELS)
USE REBAR OR STEEL ROD
FOR REMOVAL (FOR INLETS
WITH CAST CURB BOX
REPLACE ROD WITH WOOD 2
IN X 4 IN). EXTEND 10 IN
BEYOND GRATE WIDTH ON
BOTH SIDES, LENGTH
VARIES. SECURE TO GRATE
WITH WIRE OR PLASTIC TIES.
L
W
1 2 W
12 IN
8 IN
INLET SPECIFICATIONS AS PER
THE PLAN DIMENSION LENGTH AND
WIDTH TO MATCH FLAP POCKET
1
2 L
5 FT MINIMUM LENGTH POST
AT 6 FT MAXIMUM SPACING
PLASTIC ZIP TIES (50 LBS
TENSILE) LOCATED IN TOP 8 IN
GEOTEXTILE FABRIC,
36 IN WIDE
TIRE COMPACTION ZONE
MACHINE SLICE
8 IN - 12 IN DEPTH
FLOW
FLOW
SILT FENCE (MACHINE SLICED)
NOT TO SCALE
1
C1 2 FT MINIMUMPOST EMBEDMENTEXISTING GROUND
SILT FENCE/SEDIMENTS CONTROL LOG NOTES:
1. SILT FENCE SHALL BE SUPPORTED BY STURDY METAL OR WOODEN POSTS AT INTERVALS OF 6 FEET OR LESS.
2. SEDIMENT CONROL LOGS SHALL BE INSTALLED IN ACCORDANCE WITH THE MANUFACTURER'S RECCOMENDTIONS
FOR EFFECTIVE CONSTRUCTION SITE EROSION CONTROL.
3. IF CONSTRUCTION INTERFERES WITH EROSION CONTROL MEASURES, THEY SHALL BE RESTORED TO THEIR
INTENDED FUNCTION AT THE END OF EACH DAY.
7601 73rd Avenue North
Minneapolis, Minnesota 55428
(763) 560-3093
DemarcInc.com
TEMPORARY ROCK STABILIZING EXIT
NOT TO SCALE
4
C1
PUBLIC ROAD
SURFACE FLOW
CRUSHED ROCK
PER SPECIFICATION
EXISTING GROUND6 IN MINIMUMGEOTEXTILE
FABRIC
TAPER EDGES
AT 1:11 IN - 2 IN CRUSHED ROCK
RADIUS AS
REQUIRED
20' MINIMUM LENGTHEXIT WIDTH AS
REQUIREDFLOW
45°
STRAW SEDIMENT
CONTROL LOG
1 IN X 2 IN X 24 IN LONG WOODEN STAKES.
STAKES SHALL BE DRIVEN THROUGH THE
BACK HALF OF THE SEDIMENT CONTROL LOG
AT AN ANGLE OF 45 DEGREES WITH THE
TOP OF THE STAKE POINTING UPSTREAM.
BACKFILL AND COMPACT SOIL
FROM TRENCH ON UPGRADIENT
SIDE OF SEDIMENT CONTROL LOG
PLACE SEDIMENT CONTROL
LOG IN SHALLOW TRENCH
(1 IN - 2 IN DEPTH)
8 IN - 10 IN EMBEDMENT DEPTH
SPACE BETWEEN STAKES SHALL BE A
MAXIMUM OF 1 FT FOR DITCH CHECKS
OR 2 FT FOR OTHER APPLICATIONS.
BIOROLLS
NOT TO SCALE
3
C1
EXISTING GROUND
PROPOSED
SILT FENCE OR
BIO-ROLLS
ROCK STABILIZATION
ENTRANCE
SITE PLAN NOTES:
1. DISTURBED SOILS TO BE TO BE COVERED WITH SOD, OR GRASS-SEED MIXTURE AS PERMANANENT VEGETATIVE COVER.
2. THE PORTION OF BASSETT CREEK LOCATED ON THE PROPERTY IS HAS BEEN LISTED ON THE MPCA LIST OF IMPAIRED WATERS SINCE 2004.
GRADING LIMITS
EROSION CONTROL NOTES:
1. ALL EROSION AND SEDIMENT CONTROL BMP'S (I.E. SILT FENCE, BIO-ROLLS, ROCK CONSTRUCTION EXIT, INLET PROTECTION, ETC.) SHALL BE INSTALLED PRIOR TO THE COMMENCEMENT OF ANY CONSTRUCTION ACTIVITY.
2. INLET PROTECTION SHALL BE INSTALLED AT ANY INLET THAT MAY RECEIVE RUNOFF FROM THE DISTURBED AREAS OF THE PROJECT. INLET PROTECTION MAY BE REMOVED FOR A PARTICULAR INLET IF A SPECIFIC SAFETY
CONCERN (FLOODING / FREEZING) HAS BEEN IDENTIFIED. THE PERMITTED MUST RECEIVE WRITTEN CORRESPONDENCE FROM THE CITY ENGINEER VERIFYING THE NEED FOR REMOVAL.
3. INSTALL SEDIMENT CONTROL BMP'S, SUCH AS SILT FENCE, AROUND ALL STOCKPILES.
4. RETAIN AND PROTECT AS MUCH NATURAL VEGETATION AS FEASIBLE. WHEN VEGETATION IS REMOVED DURING DEVELOPMENT, THE EXPOSED CONDITION OF LAND SHALL BE KEPT TO THE SHORTEST PRACTICAL PERIOD OF
TIME, BUT NOT LONGER THAN 60 DAYS. ANY EXPOSED AREAS EXCEEDING THIS TIME-FRAME SHALL BE TEMPORARILY STABILIZED (STRAW MULCH, WOODCHIPS, ROCK). AREAS BEING USED FOR MATERIAL STORAGE AND AREAS
UNDER CONSTRUCTION ARE EXEMPT FROM TEMPORARY STABILIZATION.
5. ANY STEEP SLOPES (3H : 1V OR STEEPER) EXPOSED DURING CONSTRUCTION SHALL BE PROTECTED WITH TEMPORARY VEGETATION, MULCHING OR BY OTHER MEANS ACCEPTABLE TO THE BUILDING OFFICIAL WITHIN 14 DAYS
OF CEASING LAND DISTURBING ACTIVITIES ON THE STEEP SLOPES. STOCKPILES MAY BE PROTECTED BY AN ANCHORED TARP OR PLASTIC SHEET.
6. PROVIDE DUST CONTROL AS NECESSARY. DUST CONTROL CAN INCLUDE WATER.
7. REMOVE ALL SOILS AND SEDIMENTS TRACKED OR OTHERWISE DEPOSITED ONTO PUBLIC PAVEMENT AREAS ON A DAILY BASIS OR AS NEEDED.
8. ALL EROSION AND SEDIMENT CONTROL BMP'S SHALL BE INSPECTED EVERY 7 DAYS, OR WITHIN 24 HOURS OF ALL RAIN EVENTS GREATER THAN 1.0" IN 24 HOURS. CORRECTIVE ACTION REQUIRED SHALL BE INITIATED WITHIN 24
HOURS.
9. SILT FENCE, BIO-ROLLS AND INLET PROTECTION DEVICES MUST BE REPAIRED, REPLACED OR SUPPLEMENTED WHEN THEY BECOME NONFUNCTIONAL OR THE SEDIMENT REACHES 1/3 THE HEIGHT OF THE DEVICE. THESE
REPAIRS MUST BE MADE WITHIN 24 HOURS OF DISCOVERY, OR AS SOON AS FIELD CONDITIONS ALLOW.
10.AFTER FINAL GRADING HAS BEEN COMPLETED, EXPOSED SOILS MUST BE PERMANENTLY STABILIZED AS SOON AS POSSIBLE. PERMANENT STABILIZATION SHALL CONSIST OF 4 INCHES TOPSOIL, AND SEED, MULCH AND
FERTILIZER APPLIED BY METHODS AND RATES RECOMMENDED IN MN/DOT SPECIFICATION 2575 AND MN/DOT SEEDING MANUAL, OR SOD. THE SEED MIX SHALL BE MN/DOT 25-151.
11.NO CONCRETE WASHOUT ALLOWED ON SITE, TRUCK BASED SELF CONTAINMENT WASHOUT DEVICES REQUIRED.
12.OIL STAINS ON CITY STREETS SHALL BE CLEANED UP WITH FLOOR DRY, AND DISPOSED OF AS A HAZARDOUS WASTE MATERIAL.
13.ALL HAZARDOUS WASTE SHALL BE STORED CLEANED UP AND DISPOSED OF PER EPA STANDARDS.
14.ALL EROSION AND SEDIMENT CONTROL DEVICES SHALL BE MAINTAINED UNTIL ALL DISTURBED AREAS HAVE BEEN PERMANENTLY STABILIZED.
15.ALL EROSION AND SEDIMENT CONTROL DEVICES SHALL BE REMOVED FROM THE SITE AFTER PERMANENT STABILIZATION HAS BEEN ESTABLISHED.
16.ALL EXPOSED SOILS SHALL BE STABILIZED AS SOON AS POSSIBLE, BUT IN NO CASE LATER THAN 14 DAYS AFTER THE CONSTRUCTION ACTIVITY HAS TEMPORARILY OR PERMANANTLY CEASED OR WITHIN 7 DAYS IF THE PROJECT
IS WITHIN 1 MILE OF A SPECIAL OR IMPAIRED WATER.
17.STOCKPILE REMAINING FOR MORE THAN 7 DAYS SHALL BE STABILIZED BY MULCHING, VEGETATIVE COVER, TARPS, OR OTHER MEANS.
18.SOILS TRACKED FROM THE SITE SHALL BE REMOVED FROM ALL PAVED SURFACES WITHIN 24 HOURS OF DISCOVERY.
19.TEMPORARY PUMPED DISCHARGE POLLUTION PREVENTION TECHNIQUES: "DANDY DEWATERING BAG" BROCK WHITE CO. USA.
20.CONTACT PERSON FOR SITE CLEANLINESS AND MAINTENANCE OF THE EROSION AND SEDIMENT CONTROLS: MAHMOUD ABUMAYYALEH (651) 501-4000
21.BASSETT CREEK WATERSHED DISTRICT: (952) 835-2078.STOCKPILEMINERAL SOD
6" SALVAGED TOPSOIL
12" SCARIFIED SOIL
4' WIDE OUTLET AT SEE TABLE
TOP OF MINERAL SOD =
BOTTOM ELEVATION =
SEE TABLE
SEE TABLE
1V:3H BELOW NWL (TYP.)
BERM MIN. ELEV. = SEE TABLE
RAIN GARDEN DETAIL
NOT TO SCALE
100-Year=SEE TABLE
RAIN GARDEN DIMENSIONS
BOTTOM
ELEVATION BERM ELEVATION OUTLET
ELEVATION
100-YEAR FLOOD
ELEVATION BOTTOM AREA (SF) TOP AREA (SF)
RAIN GARDEN (6P)889.0 891.0 890.5 890.5 30 100
RAIN GARDEN (5P)889.0 891.0 890.5 890.5 30 100
RAIN GARDEN (4P)889.0 891.0 890.6 890.7 100 320
RAIN GARDEN (3P)889.0 891.0 890.6 890.7 100 320
RAIN GARDEN
6PRAIN GARDEN
5P
RAIN GARDEN
3P
RAIN GARDEN
4P
7
C1
DIRECT DOWNSPOUT TO RAIN GARDEN (6P)
DIRECT DOWNSPOUT
TO RAIN GARDEN (4P)
DIRECT DOWNSPOUT
TO RAIN GARDEN (5P)
DIRECT DOWNSPOUT
TO RAIN GARDEN (3P)STOCKPILE07.20.21 CITY COMMENTS
07.28.21 CITY COMMENTS
7.3
894.3
Hydrant
tnh=885.82
888.2
876.2
876.9
872.3
inv=870.51
876.9
inv=870.56
876.1
870.8
870.7 870.8
870.8
S
Sanitary Manhole
rim=882.90
S
Sanitary Manhole
rim=882.90
Sign
883.0
tcc
883.29
tcc
884.69
Serv
tcc
886.21
tnh
891.76
S
Sanitary Manhole
rim=887.40
SSanitary Manhole
rim=886.81
"
inv=870.07
"
inv=869.96
872.5872.5
873.0
inv=868.24
inv=867.70
BASSETT
C
R
E
E
K
36TH AVE. N.HAMPSHIRE AVE. N.8" VCP Sanitary Sewer
10"
V
C
P
S
a
n
i
t
a
r
y
S
e
w
e
r
6" Watermain
A L L E Y
Box Culverts
91.00162.4389.81
90.44EAST LINE OF HAMPSHIRE AVE. N. AS PLATTED ESTABLISHED FROM SECTION BREAKDOWN PER PLAT OF FRANZ ADD.
PER PLAT OF FRANZ ADD.
RESIDENCE
No. 6603RESIDENCE
No. 3540
RESIDENCE
No. 3550
33 331633
33 33 333333Adjoining Owner:
James & Laurenda Frakes
Adjoining Owner:
Allen Franz
Adjoining Owner:
David & Kathy Bissen
NORTH LINE OF THE NE 1/4 OF SEC. 20, TWP. 118, R. 21
WEST LINE OF THE NE 1/4 OF THE NE 1/4 OF SEC. 20, TWP. 118, R. 21GEORGIA AVE. N.Box Culverts
49.6849.68
49.67 49.67
S 00°05'50" E 237.531 2
D e c k D e c k
S
Walnut Willow
River Birch
River Birch
River Birch
Walnut
1
2
3
4
6
5 1
D
S
D
LEGEND
EXISTING SANITARY SEWER
PROPOSED SANITARY SERVICE
EXISTING CATCH BASIN
EXISTING STORM MANHOLE
EXISTING SANITARY MANHOLE
EXISTING HYDRANT
PROPOSED STORM MANHOLE
EXISTING WATERMAIN
PROPOSED CURB STOP
PROPOSED GATE VALVE
PROPOSED HYDRANT
PROPOSED CATCH BASIN
EXISTING GATE VALVE
PROPOSED WATERMAIN
S PROPOSED SANITARY MANHOLE
SCALE IN FEET
200 40
F:\survey\gardendale acres - hennepin\5-2\01 Surveying - 89595\01 CAD\01 Source\01 Survey Base.dwgC2 OF C2
DATE:LIC. NO.:
SHEET NO.
PROJECT: 89595AREVISIONSDESIGNED BY:
DRAWN BY:
CHECKED BY:
UTILITY PLAN
I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS
PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A
DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE
OF MINNESOTA.
JEFFREY A. PRASCH, P.E.
07.13.21 52706
ABL
JAP
GRP
7601 73RD AVENUE N, BROOKLYN PARK, MN 55428
PHONE: 763.560.3093 FAX: 763.560.3522
www.DemarcInc.com
UTILITY NOTES:
1. WATER SERVICE SHALL MAINTAIN A MINIMUM OF 7.5' OF COVER.
2. CONNECTION TO SERVICES OR MAINS SHALL BE PER CITY STANDARDS AND SHALL BE COORDINATED WITH THE CITY.
3. PATCH ROAD AND ALLEY AS NECESSARY. MATCH EXISTING ROAD AND ALLEY SECTIONS.
4. ALL PROPOSED WORK IN THE PUBLIC RIGHT-OF-WAY SHALL COMPLY WITH THE CURRENT EDITION OF THE MINNESOTA DEPARTMENT OF TRANSPORTATION
STANDARD SPECIFICATIONS FOR CONSTRUCTION AND CEAM STANDARD SPECIFICATIONS.
5. DISCONNECT AND SHUT WATER SERVICE CORP STOP AT THE MAIN IN 36TH AVENUE.
PROPOSED
RESIDENCE
PROPOSED
RESIDENCE
6" WET TAP
EXISTING WATERMAIN
328 LF 6" DIP CL 52
(DIRECTIONALLY
BORED)
1" COPPER (TYPE K)
WATER SERVICE
4" PVC SCH 40
SANITARY SERVICES (2)
F&I SANITARY MANHOLE OVER
EXISTING SANITARY SEWER.
INV = 871.0 (FIELD VERIFY)
REMOVE 18 LF OF
EXISTING SANITARY
SEWER
JUFH ENTERPRISES LLC
8625 NEVADA AVENUE N
BROOKLYN PARK, MN 55445
6" GATE VALVE
6" GATE VALVE
LOT 5, BLOCK 2
GARDENDALE ACRES
6613 36TH AVENUE N
CRYSTAL, MINNESOTA
07.20.21 CITY COMMENTS
LINE 93 LF EXISTING SANITARY SEWER PIPE
FROM PROPOSED MANHOLE TO THE MAIN
PROPOSED
HYDRANT WITH
6" GATE VALVE
6 LF 6" DIP CL 52
PROPOSED 6"X6" "TEE"
07.28.21 CITY COMMENTS
REFERENCE NOTES:
A THE CITY WILL PROVIDE THE HYDRANT AND GATE VALVE AT NO COST.
A 6" WET TAP
EXISTING WATERMAIN
WET TAP DETAIL
WATER SERVICE DETAIL
SAINTARY SERVICE DETAIL SAINTARY MANHOLE DETAIL
HYDRANT DETAIL
07.30.21 CLIENT COMMENTS
7.3
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FLOOR PLANS Hung Ly
SHEET NO.
DRAWN BY:
07/03/2021
PROJECT NO.: DATE:
SHEET TITLE
REVISIONS 6609 36th Ave. NorthCrystal, MN 55427ArchitectsHLNew Single Family HouseREG. 50476 Date: 07/03/2021-/-/-51 11th Ave. SouthWaite Park, MN 56387320-237-7411: hlarchitects2000@gmail.com7.3
PG-2
EXTERIOR ELEVATIONS Hung Ly
SHEET NO.
DRAWN BY:
07/03/2021
PROJECT NO.: DATE:
SHEET TITLE
REVISIONS 6609 36th Ave. NorthCrystal, MN 55427ArchitectsHLNew Single Family HouseREG. 50476 Date: 07/03/2021-/-/-51 11th Ave. SouthWaite Park, MN 56387320-237-7411: hlarchitects2000@gmail.com7.3
PG-1
FLOOR PLANS Hung Ly
SHEET NO.
DRAWN BY:
07/03/2021
PROJECT NO.: DATE:
SHEET TITLE
REVISIONS 6611 36th Ave. NorthCrystal, MN 55427ArchitectsHLNew Single Family HouseREG. 50476 Date: 07/03/2021-/-/-51 11th Ave. SouthWaite Park, MN 56387320-237-7411: hlarchitects2000@gmail.com7.3
PG-2
EXTERIOR ELEVATIONS Hung Ly
SHEET NO.
DRAWN BY:
07/03/2021
PROJECT NO.: DATE:
SHEET TITLE
REVISIONS 6611 36th Ave. NorthCrystal, MN 55427ArchitectsHLNew Single Family HouseREG. 50476 Date: 07/03/2021-/-/-51 11th Ave. SouthWaite Park, MN 56387320-237-7411: hlarchitects2000@gmail.com7.3
N 00°06'01" W 237.60
S 00°05'40" E 238.15
S 89°45'18" E 99.34Meas.100.0 PlatMeas.100.0 PlatMeas.238.09 PlatS 89°40'04" E 99.3689.8190.44PER PLAT OF FRANZ ADD.PER PLAT OF FRANZ ADD.NORTH LINE OF THE NE 1/4 OF SEC. 20, TWP. 118, R. 21WEST LINE OF THE NE 1/4 OF THE NE 1/4 OF SEC. 20, TWP. 118, R. 21
49.6849.6849.6749.67S 00°05'50" E 237.533333 33 33
33 33BASSETT CREEK16
16
S 00°03'26" W
S 89°45'18" E 1305.26S 89°45'18" E 1305.26PER PLAT OF FRANZ ADD.12Drainage & Utility Easement55510
10
555Drainage & Utility EasementP
i
n
c
h
e
d
E
n
d
127.51
80.0
8.0
17.517.5Sewer Easement perDoc. No. 2990177Top Nut ofHydrantPowerPolePowerPole73.2044.2069.25 (CORNER FALLS ON MANHOLE)NORTH 1/4 CORNER OF SEC.20, TWP. 118, R. 21(CORNER FALLS ON MANHOLE)NORTHEAST CORNER OFSEC. 20, TWP. 118, R. 2166
.
7
966.2166.17Top Nut ofHydrantPK in ConcreteBase ofSemaphorePK in ConcreteBase ofSemaphoreF:\survey\gardendale acres - hennepin\5-2\01 Surveying - 89595\01 CAD\01 Source\04 Final Plat.dwg7601 73rd Avenue NorthMinneapolis, Minnesota 55428(763) 560-3093DemarcInc.comCRYSTAL FLATSR. T. DOC. No._________________________________CITY COUNCIL, CITY OF CRYSTAL, MINNESOTAThis plat of CRYSTAL FLATS was approved and accepted by the City Council of the City of Crystal, Minnesota, at a regular meeting thereof held this______ day of _________________________, 20_____, and said plat is incompliance with the provisions of Minnesota Statutes, Section 505.03, Subdivision 2. City Council, City of Crystal, Minnesota By _____________________________________________ By _____________________________________________ Mayor ClerkRESIDENT AND REAL ESTATE SERVICES, Hennepin County, MinnesotaI hereby certify that taxes payable in 20_________ and prior years have been paid for land described on this plat, dated this _____ day of ______________________, 20______. Mark V. Chapin, County Auditor By _________________________________________ DeputySURVEY DIVISION, Hennepin County, MinnesotaPursuant to Minnesota Statutes, Sec. 383B.565 (1969) this plat has been approved this ______ day of _____________________, 20______. Chris F. Mavis, County Surveyor By __________________________________________REGISTRAR OF TITLES, Hennepin County, MinnesotaI hereby certify that the within plat of CRYSTAL FLATS was recorded in this office this _________ day of___________________, 20______, at_______o'clock_____M. Martin McCormick, County Recorder By__________________________________________DeputyI Gregory R. Prasch do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duly Licensed Land Surveyor in the State of Minnesota; that this plat is a correct representation of the boundary survey; that allmathematical data and labels are correctly designated on this plat; that all monuments depicted on this plat have been, or will be correctly set within one year; that all water boundaries and wet lands as defined in Minnesota Statutes, Section 505.01,Subd. 3, as of the date of this certificate are shown and labeled on this plat; and all public ways are shown and labeled on this plat.Dated this ____________day of ____________________, 20 ______. ___________________________________________ Gregory R. Prasch, Land Surveyor Minnesota License No. 24992STATE OF MINNESOTACOUNTY OF HENNEPINThis instrument was acknowledged before me on this ___ day of _______________________, 20____, by Gregory R. Prasch. . Signature of Notary __________________________________ (Nortary's Printed Name)_______________________________ Notary Public _____________________, County, Minnesota. My commission expires _________________KNOW ALL PERSONS BY THESE PRESENTS: That JUFH Enterprises LLC, a Minnesota limited liability company, owner, of the following described property situate in the County of Hennepin, State of Minnesota, to wit: Lot 5, Block 2, GARDENDALE ACRES.Have caused the same to be surveyed and platted as CRYSTAL FLATS and do hereby dedicate to the public for public use the easements for utility and drainage purposes as created by this plat.In witness whereof said JUFH Enterprises LLC, a Minnesota limited liability , has hereunto set their hands this _______ day of ____________________, 20____. JUFH Enterprises LLC _____________________________________________ its _____________________________________ Mahmoud H. Abumayyaleh titleSTATE OF MINNESOTACOUNTY OF ________________This instrument was acknowledged before me this ______ day of __________________, 20____, by , Mahmoud H. Abumayyaleh its_______ _______________________________ of JUFH Enterprises LLC. Signature of Notary __________________________________ (Nortary's Printed Name)_______________________________ Notary Public _____________________, County, Minnesota. My commission expires _________________FOR THE PURPOSES OF THIS PLAT THE NORTH LINE OFTHE NORTHEAST QUARTER OF SEC. 20, TWP. 118, RANGE21 IS ASSUMED TO BEAR SOUTH 89°45'18" EAST.DENOTES 1/2 INCH BY 14 INCH IRON PIPE MONUMENT SETAND MARKED BY LICENSE NUMBER 24992.DENOTES FOUND 1/2 INCH OPEN END IRON PIPE MONUMENTUNLESS OTHERWISE NOTED.CITY REVIEW7.3
1
CITY OF CRYSTAL
MINNESOTA
RESOLUTION NO. 2021-________
RESOLUTION APPROVING CRYSTAL FLATS PRELIMINARY AND FINAL PLAT
WHEREAS, Mahmoud Abumayyaleh (“Applicant”) submitted an application for
preliminary and final approval of a plat, which is attached hereto as Exhibit A, for the property
which is legally described in Exhibit B (“Property”); and
WHEREAS, the proposed name of the plat is Crystal Flats and it creates parcels for two
new single-family homes; and
WHEREAS, the Planning Commission held a public hearing regarding the proposed plat
on August 9, 2021. Neighboring owners expressed concern regarding the potential of having two
new homes on the Property. One of the objections raised during the hearing was that the lots
would be on an alley. Subsection 525.05, Subd. 10(h) speaks to the establishment of new alleys
in the City and indicates no home may be oriented to face the alley. The Planning Commission
agreed with the concern and voted to forward the application to the City Council with a
recommendation that the proposed plat be denied; and
WHEREAS, the City Planner’s report (“Staff Report”) dated September 2, 2021
regarding this matter, which is attached hereto as Exhibit C, recommends approval of the request
and provides documentation that the Planning Commission’s finding for denial is not applicable
to this subdivision request, is incorporated herein and made part of this preliminary and final plat
approval, except that the conditions set out below are controlling; and
WHEREAS, the City Council has considered this matter and finds and determines as
follows:
(a)The Property is residential and had a single-family home that was removed.
(b)The alley on which the Property is situated has served as access to single family
homes for decades.
(c)The proposed subdivision is consistent with the increased density allowed under the
revised Uniform Development Code (“UDC”);
(d)The City Council adopts the responses to the neighbor concerns set out in the Staff
Report. As to concerns over density, the City Council notes the UDC currently allows
a duplex to be built on the Property as a matter of right.
(e)A plain reading of Subsection 525.05, Subd. 10(h) makes it clear it relates only to the
establishment of new alleys in the City. Therefore, the restriction on the orientation
Attachment E
7.3
2
of new homes it contains relates only to proposed new alleys, not development on an
existing alley. Restricting development of this Property on an existing alley would
not be consistent with the UDC.
(f) The approval criteria for new plats are set out in Subsection 510.25 of the UDC.
(g) The proposed plat satisfies the criteria associated with preliminary plat approval.
(1) As indicated in the Staff Report, the proposed subdivision satisfies the
requirements of the UDC.
(2) Residential development on the Property is consistent with the historic use of
the Property and the planned use for this area under the comprehensive plan.
(3) The Property, and the surrounding properties, are used for single-family homes.
There is nothing unique about this Property to suggest its physical
characteristics makes it unsuitable for use for single-family homes. The
Property has been used for that purpose of decades. The Applicant, or
whomever builds on the lots, is responsible for identifying and responding to
conditions on the lots. Review of specific conditions that need to be considered
for construction comes as part of the building permit process.
(h) The proposed plat satisfies the criteria associated with final plat approval.
(1) The Applicant has submitted plans related to the utility connections for the new
lots. No new streets, stormwater ponds, or other public infrastructure is being
constructed as part of the plat.
(2) A development agreement is needed for this plat as the Applicant is installing
water main connections. Development of the lots will need to occur in
accordance with the UDC and the site development process established by the
City.
(3) The Applicant has sought preliminary and final approval at the same time and so
there are no inconsistencies or changes from the preliminary approval to the
requested final approval.
(4) The final plat complies with the UDC and the requirements of Minnesota
Statutes, chapter 505. The Applicant is required to comply with all applicable
requirements to ensure the plat is in a form acceptable for recording by
Hennepin County.
(i) The City Council finds that the plat is in conformance with the requirements of the
City’s Unified Development Code, which is contained in Chapter V of the Crystal
City Code.
7.3
3
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Crystal,
based on the record of this matter and the findings and determinations contained herein and in the
Staff Report, hereby grants preliminary and final approval for the plat of Crystal Flats, subject to
compliance with all of the following conditions of approval:
1. Release of final plat. Prior to the release by the City of the final plat document for
recording at Hennepin County, the Applicant shall:
a. Pay the City a $1,000 park dedication fee; and
b. Execute a development agreement with the City that is in a form acceptable to
the City.
2. Certificate of occupancy. Before the certificate of occupancy is released by the City,
the following must occur:
a. A shared responsibility covenant must be recorded for both properties
requiring them to cooperate and be jointly responsible for any issues and costs
related to maintaining the shared sanitary sewer pipe to the City’s main in 36th
Avenue. The covenant must be in a form acceptable to the City; and
b. Each property owner shall install and maintain a directional sign along 36th
Avenue with the house number and a message stating that property access for
the home is located off of the alley accessed from Hampshire Avenue North
(the exact language to be reviewed and approved by City staff).
3. Overhead utilities. If the overhead utility lines on the property are relocated or
extended, the lines shall be buried underground. New private utilities, such as Xcel
Energy, Center Point Energy, or Comcast shall be buried underground. Under no
circumstances shall additional overhead utilities be installed, whether main lines,
feeder lines or service lines to the new houses.
4. Compliance. Development of the plat is subject to the applicable requirements of the
Crystal City Code. The Applicant is required to comply with all applicable federal,
state, and local laws, rules, regulations, and ordinances in developing the plat and is
required to obtain such other permits and permissions as may be required.
5. No Waiver. Failure by the City to take action with respect to any violation of any
condition, covenant, or term of this plat approval shall not be deemed to be a waiver
of such condition, covenant, or term or any subsequent violation of the same or any
other condition, covenant, or term.
6. Binding Effect. The conditions placed on this approval are binding on the Applicant,
its successors and assigns, shall run with the Property, and shall not in any way be
7.3
4
affected by the subsequent sale, lease, or other change from current ownership. The
obligations of the Applicant under this approval shall also be the obligations of the
current and any subsequent owners of the Property.
7. Acceptance of Conditions. Utilization of the Property for any of the uses allowed by
this approval shall automatically be deemed acceptance of, and agreement to, the
terms and conditions without qualification, reservation, or exception.
Adopted by the Crystal City Council this 9th day of September 2021.
____________________________
Jim Adams, Mayor
ATTEST:
______________________________
Chrissy Serres, City Clerk
7.3
5
EXHIBIT A
Final Plat
(attached hereto)
7.3
6
EXHIBIT B
Legal Description of the Property
Lot 5, Block 2, Gardendale Acres, Hennepin County, Minnesota.
7.3
7
EXHIBIT C
Planner’s Report
(attached hereto)
7.3
1
CITY OF CRYSTAL
MINNESOTA
RESOLUTION NO. 2021-________
RESOLUTION DENYING CRYSTAL FLATS PRELIMINARY AND FINAL PLAT
WHEREAS, Mahmoud Abumayyaleh (“Applicant”) submitted an application for
preliminary and final approval of a plat, which is attached hereto as Exhibit A, for the property
which is legally described in Exhibit B (“Property”); and
WHEREAS, the proposed name of the plat is Crystal Flats and it proposes to subdivide
the Property into two parcels to allow the construction of two new single-family homes; and
WHEREAS, the Applicant also petitioned the City to vacate a perpetual flood control and
drainage easement over the Property that would be replaced with a new drainage easement
dedicated as part of the plat; and
WHEREAS, the Planning Commission held a public hearing regarding the proposed plat
on August 9, 2021. Neighboring owners expressed concern regarding the potential of having two
new homes on the Property. One of the objections raised during the hearing was that the lots
would be on an alley. Subsection 525.05, Subd. 10(h) of the Uniform Development Code
(“UDC”) speaks to the establishment of new alleys in the City and indicates no home may be
oriented to face the alley. The Planning Commission agreed with the concern and voted to
forward the application to the City Council with a recommendation that the proposed plat be
denied; and
WHEREAS, on August 17, 2021, the City Council held a public hearing on the requested
vacation of the flood control and drainage easement on the Property; and
WHEREAS, the City Council has considered this matter and finds and determines as
follows:
(a)The Property is residential and had a single-family home that was removed.
(b)The Property is served by a public alley with a platted width of 16 feet. If the
proposed plat is approved, the alley would serve six single-family homes.
(c)Bassett Creek crosses the northern portion of the Property.
(d)While a plain reading of Subsection 525.05, Subd. 10(h) of the UDC indicates it only
applies to proposed new alleys, it does reflect a legitimate public policy concern
regarding development of lots that rely on an alley for their access. A single-family or
two-family home can be built on the Property with a building permit, but the further
Attachment F
7.3
2
division of the Property raises legitimate concerns regarding reasonable density and
congestion on this narrow alley.
(e) The City is not aware of any other lots in the City that have their only access to an
alley. Allowing another lot to be established that would also rely entirely on the alley
for access compounds the issue and raises the same public policy concerns that led the
City to deny the creation of new alleys with homes facing them.
(f) The approval criteria for new plats are set out in Subsection 510.25 of the UDC.
(g) The proposed plat does not satisfy the criteria associated with preliminary plat
approval. While the proposed plat satisfies the first two criteria, the physical
characteristics of the site do not make it suitable for the development of two single-
family homes. The City Council did allow for increased density under the UDC, but
that is a general allowance and does not mean all properties are suitable for increased
density. Consideration of the physical characteristics of a site is an important
criterion in deciding whether it is appropriate to divide a property.
(h) The northern portion of the Property is designated by FEMA as being a regulatory
floodway and is designated a special flood hazard area. Allowing two single-family
homes on the Property is not prudent given that it is crossed by Bassett Creek and is
recognized as an area of concern on FEMA flood maps. The City Council is
expressly required to consider the potential for flooding in an area before approving a
preliminary plat. Allowing increased density in an area that may flood is contrary to
public policy and the intent of the UDC. In this case, the potential for flooding on the
property is too significant to allow the compounding of the concern through the
further division of the Property.
(i) The City Council finds the proposed plat does not satisfy all of the criteria for
preliminary approval and so it must deny the plat. Denial of the subdivision does not
restrict the Applicant’s ability to construct a residential structure on the Property in
accordance with the requirements of the UDC.
(j) Denial of the subdivision means there is no plat through which to dedicate a
replacement drainage easement, thus it is not necessary or appropriate to vacate the
flood control and drainage easement on the Property.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Crystal,
based on the record of this matter and the findings and determinations contained herein, as
follows:
1. The preliminary plat of Crystal Flats is hereby denied.
2. Denial of the preliminary plat necessitates denial of the proposed final plat.
7.3
3
3. The requested vacation of the flood control and drainage easement on the Property is
hereby denied.
Adopted by the Crystal City Council this 9th day of September 2021.
____________________________
Jim Adams, Mayor
ATTEST:
______________________________
Chrissy Serres, City Clerk
7.3
4
EXHIBIT A
Final Plat
(attached hereto)
7.3
5
EXHIBIT B
Legal Description of the Property
Lot 5, Block 2, Gardendale Acres, Hennepin County, Minnesota.
7.3
6613 – 36TH AVENUE NORTH – VACATE EASEMENT
PAGE 1 OF 3
___________________________________________________________________________
FROM: Dan Olson, City Planner
___________________________________________________________________________
TO: Anne Norris, City Manager (for September 9 City Council Meeting)
DATE: September 2, 2021
RE: Consider adoption of a resolution approving a vacation of an easement at
6613 – 36th Avenue North
A.BACKGROUND
Mahmoud Abumayyaleh, owner of the property involved in the Crystal Flats subdivision
at 6613 – 36th Avenue North, is proposing to subdivide the vacant property so that two
new single-family homes can be built (see agenda item 7.3). As part of the subdivision
request the applicant is requesting that a flood control and drainage easement on the
property be vacated. This easement will be replaced with a more accurate drainage and
utility easement on the plat.
Please note that the vacation resolution is contingent upon approval of the new plat, so
the existing easement will not be vacated unless the new plat is approved and recorded.
On August 17, 2021, the City Council held a public hearing on the proposed easement
vacation. After the hearing a motion to approve the vacation failed on a 4 -3 Council vote.
The Council now has two options relating to the easement vacation:
➢If the Council votes to approve the Crystal Flats preliminary and final plat (see
agenda item 7.3), staff recommends adoption of the attached resolution approving
the easement vacation.
➢If the Council votes to deny the Crystal Flats preliminary and final plat, the Council’s
denial resolution will also deny the easement vacation (see resolution F in agenda
item 7.3).
Attachment:
A.Resolution
COUNCIL STAFF REPORT
Vacate Utility Easement
6613 – 36th Avenue North
7.4
6613 – 36TH AVENUE NORTH – VACATE EASEMENT
PAGE 2 OF 3
2020 Aerial Photo:
B. PROPOSED VACATION OF EASEMENT
The attached resolution includes an illustration of the easement proposed to be
vacated. The easement was dedicated to the city in 1983 as a flood control and
drainage easement across Bassett Creek. In conjunction with the subdivision of the
property into two properties for two new single-family homes, the applicant is proposing
to vacate the 1983 easement. New drainage and utility easements will be dedicated on
the plat which will be more accurate than the 1983 easement.
Notice of the August 17 public hearing was published in the Sun Post on August 5, and
mailed to four utility companies: Comcast, CenterPoint Energy, Xcel Energy, and
CenturyLink. Comcast, Centerpoint, and Xcel have responded by saying they have no
objection to the easement vacation, but CenturyLink ha s not responded to two requests
for comment.
7.4
6613 – 36TH AVENUE NORTH – VACATE EASEMENT
PAGE 3 OF 3
C. REQUESTED ACTION
If the plat of Crystal Flats is approved, then staff recommends adoption of the attached
resolution vacating the easement located at 6613 – 36th Avenue North.
If the plat of Crystal Flats is denied, said denial resolution includes denial of the easement
vacation and no further action is required.
7.4
CITY OF CRYSTAL
MINNESOTA
RESOLUTION NO. 2021-_____
RESOLUTION VACATING AN EASEMENT WITHIN THE
PLAT OF GARDENDALE ACRES
WHEREAS, the City of Crystal (the “City”) is a municipal corporation, organized and
existing under the laws of Minnesota; and
WHEREAS, in 1983 the owner of Lot 5, Block 2, Gardendale Acres, Hennepin County,
Minnesota conveyed a perpetual flood control and drainage easement (“Easement”) to the City;
and
WHEREAS, the area covered by the Easement is legally described in the attached Exhibit
A, is depicted on the attached Exhibit B, and is recorded with Hennepin County as document
numbers 4794500 and 4794502; and
WHEREAS, the current owner of the property has requested the City vacate the Easement
as part of the proposal to plat the property as Crystal Flats; and
WHEREAS, the owner proposes to dedicate to the City a new drainage easement as part
of the plat that would take the place of the Easement being vacated herein; and
WHEREAS, pursuant to Minnesota Statutes, section 412.851, the City scheduled and held
a public hearing on August 17, 2021 to consider the vacation of the Easement, during which all
interested parties were heard; and.
WHEREAS, the City has the authority, pursuant to Minnesota Statutes, section 412.851,
to vacate public drainage and utility easements, or any portion thereof if it appears in the interest
of the public to do so; and
WHEREAS, following the public hearing, the City determined that there is no continuing
public need for the Easement and that vacating said Easement is in the public interest.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Crystal as
follows:
1.The Easement legally described in the attached Exhibit A and depicted on the attached Exhibit
B is hereby vacated, subject to the following conditions:
a.Approval by the City of the final plat of CRYSTAL FLATS; and
b.Execution of the final plat of CRYSTAL FLATS by the Mayor and City Clerk and the
release of the plat for recording.
Attachment A
7.4
2. Upon the release for recording by the City of the final plat of CRYSTAL FLATS, City staff is
hereby authorized and directed to prepare and present to the Hennepin County auditor a notice
that the City has completed these vacation proceedings. Said notice shall be recorded with the
Hennepin County recorder prior to the recording of the plat of CRYSTAL FLATS.
3. City staff is hereby authorized and directed to take any additional steps necessary to effectuate
the intent of this resolution.
Adopted by the Crystal City Council this 9th day of September 2021.
____________________________
Jim Adams, Mayor
ATTEST:
___________________________
Chrissy Serres, City Clerk
7.4
A-1
EXHIBIT A
Legal Description of Vacated Easement
A perpetual flood control and drainage easement for the construction, operation, maintenance and
repair of a drainage and storm water run-off and control system to include, but not limited to,
sloping, grading, impoundment of water, embankments, dikes, berms, levees, flood control devices
or underground storm water pipes in, on, over and across that part of Lot 5, Block 2, Gardendale
Acres, described as follows: Commencing at the Northwest corner of said Lot 5, thence South 0º
09'07" East along the Westline of Lot 5, a distance of 91 feet; thence South 62° 38'22" East a
distance of 62 feet; thence South 45° 47'47" East a distance of 62.94' to the East line of said Lot 5;
thence North 0º 09'07" West a distance of 162.35' along the East line of Lot 5 to the Northeast
corner thereof; thence Westerly along the North line of said Lot 5, to point of beginning, all in
Hennepin County, Minnesota.
7.4
B-1
EXHIBIT B
Depiction of Vacated Drainage and Utility Easements
7.4
AMEND PURCHASE AND DEVELOPMENT AGREEMENT – 5244 SCOTT AVENUE NORTH
___________________________________________________________________________
FROM: Dan Olson, City Planner
___________________________________________________________________________
TO: Anne Norris, City Manager (for September 9 City Council Meeting)
DATE: September 2, 2021
RE: Consider approval of amendments to the purchase and development
agreement for 5244 Scott Avenue North
Elin Marco Group, the builder who purchased 5244 Scott Avenue North from the city in 2019, is
requesting two amendments to the purchase and development agreement:
Amend site and building plan.
➢The purchase agreement required that the home have a full depth basement. This requirement
was made to ensure that the home would be more adaptable to future space needs. However,
when excavating the property the builder determined that the water table is higher than
originally thought and it would be difficult to prevent water from seeping into the basement.
Therefore the builder is requesting that a full-depth basement no longer be required.
➢The builder is proposing to maximize the floor area by adding a sunroom to the back of the
home.
Extend completion deadline.
➢The builder is requesting an extension to the home completion deadline from Dec. 12, 2021 to
June 12, 2022. The builder has indicated that home construction has been delayed by factors
outside his control, such as the high cost of lumber and the difficulty in securing subcontractors
amidst the demand for new housing.
➢The purchase agreement originally required the home to be completed by Dec. 12, 2020, but
the city council approved an amendment on Dec. 1, 2020 to extend that deadline to Dec. 12,
2021.
Staff recommends approval of both amendments.
City Council approval of the attached amendment to the purchase and development agreement for
each property is requested.
Attachment:
A.Second amendment to Purchase and Development agreement for 5244 Scott Ave N, showing
amended site and house plans
COUNCIL STAFF REPORT
5244 Scott Ave. N.
Amend Purchase and Development
Agreement
7.5
AMEND PURCHASE AND DEVELOPMENT AGREEMENT – 5244 SCOTT AVENUE NORTH
2020 Aerial Photo:
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1
CR225\466\722614.v2
SECOND AMENDMENT TO PURCHASE AND DEVELOPMENT AGREEMENT
This Second Amendment to Purchase and Development Agreement (this “Second
Amendment”), has been made and entered into as of this 9th day of September, 2021, by the City
of Crystal, a Minnesota municipal corporation (the “Seller”) and Elin Marco Group, Inc., a
Minnesota corporation (the “Buyer”).
RECITALS
WHEREAS, the Seller and the Buyer are parties to that certain Purchase and Development
Agreement, dated October 15, 2019, recorded in the Office of the Hennepin County Recorder on
December 13, 2019 as Document No. 10736137 (the “Purchase Agreement”), as amended by that
First Amendment thereto dated as of December 1, 2020, and recorded in the Office of the Hennepin
County Recorder on January 13, 2021 as Document No. 10900231 (the “First Amendment”),
whereby the Seller agreed to sell the following described real property:
Lot 15, Block 3, Rolling Green of Crystal, Hennepin County, State of Minnesota
(the “Property”) to the Buyer; and
WHEREAS, Pursuant to Paragraph 15.B. of the Purchase Agreement the Minimum
Improvements were to be constructed substantially in accordance with the Request for Proposal
(RFP) Guidelines attached as Exhibit B and the proposal approved by the Seller on October 15,
2019 attached as Exhibit C; and
WHEREAS, the Buyer has requested that Seller approve a new proposal by which the
Minimum Improvements is substantially constructed; and
WHEREAS, the Seller and Buyer wish to amend the Purchase Agreement so that the
Minimum Improvements are constructed substantially in accordance with the proposal approved
by the Seller on September 9, 2021 and attached as Exhibit A of this Second Amendment; and
WHEREAS, pursuant to Paragraph 15.C. of the Purchase Agreement, the Buyer was to
complete construction of certain improvements on the Property (the “Minimum Improvements”)
no later than one year following the Date of Closing, which completion date was amended to
December 31, 2021 pursuant to the First Amendment; and
Attachment A
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2
CR225\466\722614.v2
WHEREAS, as of the date of this Second Amendment, the Buyer has not completed
construction of the Minimum Improvements, and has requested an additional extension of the
required date of completion of such construction; and
WHEREAS, the Seller and the Buyer wish to amend the Purchase Agreement to extend
the date of completion for construction of the Minimum Improvements to on or before June 12,
2022.
NOW, THEREFORE, the parties agree as follows:
1. Paragraph 15.B. of the Purchase Agreement is hereby amended to read as follows:
The Minimum Improvements shall consist of a new single-family dwelling, and shall be
constructed substantially in accordance with the proposal approved by the Seller on
September 9, 2021 attached as Exhibit A of this Second Amendment.
2. Paragraph 15.C. of the Purchase Agreement is hereby amended to read as follows:
Construction of the Minimum Improvements must be substantially completed by June
12, 2022. Construction will be considered substantially complete when the final
certificate of occupancy has been issued by the City of Crystal building inspector.
Alternatively, if the Buyer submits an escrow payment for installation of the driveway
or landscaping, in an amount to be determined by the building official, construction
will be considered substantially complete when the temporary certificate of occupancy
has been issued by the building official.
3. All other terms and conditions of the Purchase Agreement shall remain unchanged.
(The remainder of this page is intentionally blank; signatures follow.)
7.5
3
CR225\466\722614.v2
IN WITNESS WHEREOF, the parties have caused this Second Amendment to be signed
and executed on their behalf as of the day and year first written above.
SELLER:
CITY OF CRYSTAL
By: _______________________________
Jim Adams
Its: Mayor
By: _______________________________
Anne Norris
Its: City Manager
STATE OF MINNESOTA
} ss.
COUNTY OF HENNEPIN
The foregoing was acknowledged before me this _______ day of September 2021, by Jim
Adams, the Mayor of the City of Crystal, a municipal corporation under the laws of Minnesota, on
behalf of the municipal corporation.
________________________________
NOTARY STAMP SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT
STATE OF MINNESOTA
} ss.
COUNTY OF HENNEPIN
The foregoing was acknowledged before me this _______ day of September 2021, by Anne
Norris, the City Manager of the City of Crystal, a municipal corporation under the laws of
Minnesota, on behalf of the municipal corporation.
________________________________
NOTARY STAMP SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT
7.5
4
CR225\466\722614.v2
BUYER:
ELIN MARCO GROUP, INC.
By: _______________________________
Sharon Crowley
Its: President
STATE OF MINNESOTA
} ss.
COUNTY OF ANOKA
The foregoing was acknowledged before me this _______ day of September 2021, by
__________ the President of ELIN MARCO GROUP, INC., a corporation under the laws of
the State of Minnesota, on behalf of the corporation.
________________________________
NOTARY STAMP SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT
7.5
5
CR225\466\722614.v2
Exhibit A to Second Amendment of Purchase and
Development Agreement
BUYER’S PROPOSAL
(attached hereto)
7.5
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7.5
Memorandum
DATE: September 9, 2021
TO: City Council
FROM: Mark Ray, PE, Director of Public Works
SUBJECT: Watering restrictions
Background
At the August 17th work session, the Council received an update on the drought conditions and
response.
City Actions
Since the Drought Warning phase of the plan went into effect the Crystal has been coordinating
with New Hope and Golden Valley to develop consistent communication messages for all our
residents collectively. Each of the three cities plan on using existing enforcement methods and
established fines in their fee schedules for their enforcement actions. While the methods (who
enforces, etc.) and fine values may be different for each City, the sequence is the same for
properties found in violation:
1)Education
2)Warning
3)Fine
4)Fine progressively increases
Per Council direction at the August 17th work session, water restriction violations will be
classified as “Level One Violation”. The fines start at $75 per occurrence and increase to $130
by the 4th violation.
Additionally, the proposed Council action:
1)Authorizes the even/odd outdoor watering restriction with the additional noon to 6pm
daily restriction.
2)Authorizes staff to impose additional watering restrictions as needed to be consistent
with Minneapolis (per the JWC agreement with Minneapolis)
3)Authorizes the current administrative citation and fine process for enforcement of the
watering restrictions.
Requested Council Action
Motion to approve the resolution imposing watering restrictions and authorizing the issuance
of administrative citations
7.6
CR205-30-745453.v2
CITY OF CRYSTAL
MINNESOTA
RESOLUTION NO. 2021- _______
A RESOLUTION IMPOSING WATERING RESTRICTIONS AND
AUTHORIZING THE ISSUANCE OF ADMINISTRATIVE CITATIONS
WHEREAS, the City of Crystal (“City”) is currently designated as being within a severe
drought area, which has placed a strain on the City’s municipal water system; and
WHEREAS, the City established a Joint Water Commission (“Commission”) with the
Cities of New Hope and Golden Valley to provide water within their communities and the cities
obtain their water by agreement with the City of Minneapolis; and
WHEREAS, when the Drought Warning Phase was first declared for public water
suppliers using the Mississippi River, the City imposed an even-odd lawn sprinkling limit to
align with the restrictions imposed by Minneapolis as required by the agreement with
Minneapolis and as provided in Subsection 715.19 of the Crystal City Code; and
WHEREAS, the County is currently in a Moderate Drought determined by the National
Drought Mitigation Center; and
WHEREAS, the City has engaged in public outreach and education regarding the
watering restrictions and is now at the point where it is necessary to issue administrative citations
if owners fail to comply with violation warnings issued by the City; and
WHEREAS, the education, warning, and then progressive civil penalties approach
adopted in this Resolution are similar to approaches being adopted by the other cities in the
Commission.
NOW, THEREFORE, BE IT RESOLVED, by the Crystal City Council as follows:
1. The even-odd water restrictions imposed within the City are hereby approved and
ratified. Additionally, no outdoor watering is permitted between noon and 6pm on
any day.
2. To remain in compliance with the water agreement with Minneapolis and Subsection
715.29, City staff are authorized to impose additional outdoor watering restrictions as
may be needed to remain consistent with the restrictions imposed by Minneapolis. If
there are any changes to the restrictions, or if the restrictions are lifted, the City shall
make a concerted effort to notify the residents of the changes.
3. City staff are authorized to issue an administrative citation if an owner or occupant
commits a second violation of the water restrictions after having received at least one
warning. The administrative citations shall be issued in accordance with Section 306
7.6
CR205-30-745453.v2
of the Crystal City Code. A citation shall initially be issued as a Level One Violation
under the City’s fee schedule. An administrative citation issued for each subsequent
violation citation shall carry the civil penalty associated with the next penalty level in
the progression. The civil penalties imposed by the administrative citations shall be
collected as provided Section 306.
Adopted by the Crystal City Council this ___ day of September 2021.
____________________________
Jim Adams, Mayor
ATTEST:____________________________
Chrissy Serres, City Clerk
7.6